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· ' EA__ ~u_&RD ME} ERS "' ' APP L~' "-- gIB ~¢rard P. Qoel~inger..: · · · .. '.: · Lydia A. Tortom George Ho.~iiag Ruth D. elna, Chai~oman Vin~nt Orlando TOV · ' FINDINGS, DELI~ · = MEETIN · Appl: No, 546~- William and Mar · Properly Loc~tion: 2570 Pine Tre~ · '$EQRA DETERMINATION: The Z( consideration in this application ar category of the State's List of Acti, the project is ~mCemented as plant PROPERTY FACTSIDESCRIPTIQ and is shown on the Map of Nass~ Lot #37. The property is improved Road, 30+- feet from the northed~ .property line, as shown on the A~ · BASIS OF APPLICATION: Buiidir amended June 30: 2003, citing buiMing'" permit to'construct additi with a single side ye.rd setback at .i · The Zoning Board of Appeals hel~ 2003, at which time written anc · . testimony, documentation, persom Zoning Board finds the feliowing fa AREA VARIANCE RELIEF REQ addition over the footprint of the e> 'prepared by Donald G. Foiler, R., requesting at 13+- feet from the s, · than the 12 ft. existing for the Iowa REASONS FOR BOARD ACTIOi submitted and personai inspection= I. The applicant has proposed a, this existing single-family resida~ Cutchogue. The granting of this v Sou'&old Tow~'Hall 53095 M~n Road EO. Box 7_179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 755-1809 htrp://soutkoMtcwnmor f~--*ork.n et .. CEPiED ning Board of Appeals has visited the properly under J determines that this review fails under the Type II }RSr without an adverse effect on the environment ff ed, q: The applicant's parcel consists of 21;418 sq. ft. u Farms as Lot. #38 and the southeasterly portion of by a 1~ story frame home 84+- feet from Pine Tree side property line, and 12 feet from the south side ust 24, 1971 survey prepared by Van Tuyi & Son, it Department's May 19, 2003 Notice 'of Disappro~'al, action 100-242A (ref. 100-244B), in its denial of a )ns/alterations to the ex~sting single family dwelling ,ss than 15 feet· :]NDINGS OF FACT a punic headng on this application on Obtober 23, oral evidence were presented. Based upon al~ inspection of the property, and other evidence, the .'ts to be -Lrue and relevant: JESTED: Applicants wish to add a second-story isting single-family dwelling as shown on the pdt plan ~. dated 10/2/02, revised 7t7/03. The setbacks are ~uthedy side property line, which is a greater setback ' floor of the dwelling. On the basis of testimony presented, materials the Board makes the fo[lowing findings: ting several dormer windows to the second floor of ~ce, with a non-conforming side yard setback, in ~riance will not produce an undesirable change in the ~N OF SOUTHOLD ERATiONS AND DETERMiNATIoN OF OCTOBER 23, 2003 DeBruin Road, Cutchogue, CTM ~l~-2-13. Page 2 - O~ober 23, 2003' App]. Nc). 540~-W. DeBn.in CTM 104-2-13 character .of the neighborhood, o~ alterations tc the building are rain( Surrounding nei§hborhcod properti~ · 2. The benefit sought by the ap feasib!e for the applicant to pursue co~strained by a pre-existing, non-, 3. The requested vadance is no recessed one to two feet back Combined side yard setback of +- after new construct/on v,411 remain c 4..The proposed vadance wilI envircnmentai conditions in the nei yard setback of +-12 feet wilt construction for the derma? environment~]y sensitive areas er 5. The difficulty for the applicant an existing 12+- ft. s!de yard setba 6. The relief granted is the minin the benefit of second-story derma the character of the neighborhoo surroundin!~ community. RESOLUTION OF THE BOARD: I: balancing test under New York Homing, seconded by Member Go GRANT the variance as ~ Donald G. Feller, R,A, date This act!on does not authorize er feature of the subject propeTty that be a detriment to nearby properties because the r without negative effects on this property or on the ,~S. >licant cannot be achieved by some other method, other than an area variance, because this building ~s :onforming, side yard setback of +-'[2 feet. substantial because the proposed dormera will be from the existing building footprint. The existi~,g ~,0 feet will not be changed. The total lot coverage ~nforming at less than 20 percent. hove an adverse effect or impact on the physical or ~hborhood, or district because the e~sting single s~de ~main in tact, and the proposed setback of new De approximately 13 feet. There sro ne identified this property. not se[f-created because this st~cture already has :k, and this will net change. um determined necessary for this applicant to enjoy 3, while at the same time protecting end preseA,ing as well as the health, safety, and welfare of the ~ considering all of the above factors end applying the Town Law 287-B, motion was offered by Member ;bringer, end duly carT, ied, to ppiied for, as show~ on the plot pian prepared by 10/2/02, revised 7/7/03. condone any current or future use, setback er other may violate the Zoning Code, other tha~ such uses, Page 3—October 23,2003 Appl. No.5404—W. DeBruin CTM 104-2-13 setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Orlando (Vi e Chairma , Goehringer, and Horning. Absent were Ruth Oliva (Chairwoman) and em r ra du to illness). This Resolution was duly adopted (3-0). r Vince t Orlando, ice Chairman T/ /3 /03 Approved for Filing Lz'--- _ -- --- 0-1- 4 1. 9 5, � � 6;4 - __:� --- 15f- rn . �- �"r-�- �• `S RED ;ARC �. _. Ii OT N•'s 'fZ -'R TO ID.12•I a 2 CS. 9TF OF yob' --�_ -0- -- u o x_.. NE fir__::��� %_ -. ...21..E "�►.�--�� -- ... _.- ---. . 1 IV sf-, jJ4' 0'LQo% JUL �� FORM NO. 3 2003 zo C(J o 3 NOTICE OF DISAPPROVAL ��-._- LS 5'i5 DATE: May 19, 2003 AMENDED: June 30, 2003 TO: William and Mary DeBruin 24 East Bayview Street Massapequa,NY 11758 Please take notice that your application dated'May 19, 2003 For to construct additions and alterations to an existing single family dwelling at Location of property 2570 Pine Tree Road, Cutchogue,NY County Tax Map No. 1000 - Section 104 Block 2 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to a non-conforming single family dwelling, on a non-conforming 21,418 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIV Section 100- 242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings_" The existing single-family dwelling notes an existing single side yard setback of 12 feet and a total___ side yard setback of+/- 40feet. The proposed construction will have a singleyard setbacR of 13 feet and a total side yard setback of+/- 40 feet ^ _ #YYhS Therefore, the proposed addition is not permitted pursuant to Article XXVI, Section 100-244,which states that non-conforming lots, measuring between 20,000 and 39,999 square feet in total size,require a minimum single side yard setback of 15 feet. Total lot coverage, following the proposed construction, is less than+/- 20 percent. This Notice of Disapproval was amended on .Tune 30, 2003, to correct an error on behalf of the buildin2 department. ter_ �Auth rized Signature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS I'l For Office Use Only Fee:$ �7 V Filed By: W'4_ I14�-� Date Assigned/Assignment N.o. t� a w �• , E Office Notes: jUt 2003 G Daly QsQ QF, 1'ER+1_s 4� Parcel Location: House No.2570 Street Pine Tree Road-- Hamle� tz 6"e SCTM 1000 Section 104 Block 2 Lot(s) 13 Lot Size 1/2 xreLone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: May .19, 2003 , Amended June 30, 2003 Appli cant/Owner(s): William E. , Jr. and Mary Anne deBruin Mailing Address: 34 Willis Avenue, Mineola, New York 11501 Telephone: (516) . 248-6500 NOTE. If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee, etc. Authorized Representative: Address Telephone: Please specify who you wish correspondence tb be mailed to, from the above listed names: 2 Applicant/Owner(s) ❑ Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED'AN APPLICATION DATED 5/19/03 FOR: ER Buiiding Permit ❑ Certificate of Occupancy .❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Perinit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed, Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article IIV Section 100 242A Subsection. r xxvi 244 Type of Appeal. An Appeal is made for: R 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 Code, Article Section ❑Reversal or Other A prior appeal 0 has M has not been made with respect to this property UNDER Appeal No. Year Page 2A Mary Anne and William E. deBruin,Jr. Part A -AREA VARIANCE REASONS (1) The addition for which approval is sought will not produce an undesirable change in the character of the neighborhood, or be a detriment to nearby properties because its planned residential use is consistent with the residential character of the neighborhood. It is the addition of dormers to an existing residence that was constructed sixty years ago and except for repairs, remains today as it was constructed then. The improvement will add utility and value to the existing building and reflect positively on the value of the neighborhood residences. (2) The benefit sought by this application is a request for a variance from the newly enacted 15 foot side yard. The existing side yard for sixty years, has been 12 feet. The plot area is one half acre. The only method of curing it is to acquire three feet of additional property from the abutting neighbor, but that property has long been developed as a single family residence also on a half acre plot. (3) * The relief requested is not substantial because the addition for which approval is sought will be at least another foot further from the side line. Part of it will be two feet farther from the neighbor's property. It will be constructed within the limits of the existing dwelling. It will neither extend laterally nor vertically beyond the existing dwelling. (4) The variance will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood because it does not extend or change the use of the premises beyond its present residential use by the applicants. It will be constructed entirely within the external dimensions of the existing dwelling. It is unobtrusive and will not create an undue burden on community services. (6) The code requirements cannot be met because of the configuration of the lot and the location of the existing dwelling constructed on the property sixty years ago with a side yard of 12 feet. 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: _ See attached sheet (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: See attached sheet (3) The amount of relief requested is not substantial because: See attached sheet (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See Attached sheet (5) Has the variance been self-created? ( ) Yes, or (X) No. If not, is the construction existing, as built? ( ) Yes, or (JQ 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) See attached sheet 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.) Otherwise, please proceed to the signature and notary area below. Resworn on July 3, 2003 Signaturelf Appellant or AuthoYlezed Agent *Notary efore me i ��- (Agent must submit Authorization from Owner) June. ......, 200 3. , Public) Mary Anne eBruin MARION VISSICHELU ZBA App 9/30/02 NOTAP1Y PW"-.State of Now York Np.4b87622CoumY C0M ffg96w ExAiM S�uunneul, i a PROTECT DESCRIPTION (Please include with Z.B.A:Application) Applicant(s): Mary Anne and T3illiam E. deBruin. Jr. 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: 4 dormers• 11 x 14 11 x 14 • 10 x 7, 10 x 8 Square footage: - 458 The entire alteration will be constructed within the height and width of the existing dwelling. B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: None Square footage: None U. If land is vacant: Please give dimensions and overall square footage of new construction: Diinension/size: N/A� Square footage: Height: III. Purpose and use of new construction requested in this application: Residential N. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Permission is requested to improve a 60 year old dwelling with a side yard of 12 feet. A 1996 zoning change requires 15 feet. The new code requirements cannot be met because of the location of the existing dwelling and the adjacent property is already improved with a residence. V. Please submit seven (7) photos/sets after staking corners of*the proposed new construction: " 7/02 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 (7,65-1802) or Appeals.Department (765-1809) if you are not sure. Thank you. QUESTIONNAIRE FOR FILING WITH YOUR Z.-B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? D Yes ®No - B. Are there any proposals to change or alter land contours? ❑Yes ®No C. 1) Are there any areas that contain wetland grasses? No 2) Are the wetland areas shown on the map submitted with this application? • N/A 3) Is the property bulk headed between the wetlands area and the upland building area? N/A 4) If your-property contains wetlands or pond areas, have you contacted the office of the Tpwn Trustees for its determination of jurisdiction? N/A D. Is there a depression or sloping elevation near the area of proposed construction at or below five .feet above mean sea level? No (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? None (If none exist, please state F. Do you have any construction taking place at this time concerning your premises? No 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? No If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel Residence and proposed use Residence Dated: June 26 2003 Authorized Signature and Dat illia E. deBruin, Jr. L" Mary An deBruin 1 ' 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 of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: deBruin, William E. and Mary Anne (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 x 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 x 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 D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 26 f Jun 2003 Signature: _-Gts Mary Ailne deBruin Print Name: William e deBruin, Jr. William E. de Bruin, Jr. Mary Anne de Bruin 34 Willis Avenue Mineola, NY 1150.1 516-248-6500 July 3, 2003 Al C , Board of Appeals - Town of Southold JUL 7 2003 Town Hall 53095 Main Road Southold, NY 11971 ZONING 80APD OF APPEALS Re: 2570 Pine Tree Road, Cutchogue, NY SCTM: Dist 1000, Sec 104, Blk 2, Lot 13 Gentlemen: My wife and I desire to appeal a decision of the Town Building Department denying our application to remodel our residence at the above mentioned address. We applied to add 4 dormers to the existing residence. The side yards of the residence became non-conforming by the subsequent enactment of a Zoning Regulation increasing the lot area from one-half to 1 acre. The construction will be done entirely within the confines of the existing residence. In order to make this application we herewith enclose 7 copies of the following documents: 1. Application to the Southold Town Board of Appeals 2 . Project Description 3 . Questionnaire 4. Transactional Disclosure Form 5. Notice of Disapproval dated May 19, 2003 amended June 30, 2003 6. Application for the building permit dated May 16, 2003 7 . Plot Plan prepared by Donald G. Feiler, Architect showing the off sets to the property lines and proposed construction 8. Survey of Van Tuyl & Son dated August 24, 1971 showing the property as it existed then and exists today 9. Our check for the filing fee 10. Stamped return envelope Kindly advise what else may be needed in order to bring this matter before the Board. Very truly yours„_ deB: lb Ilk:1, e i/ , Jr. Encs. Nsc 29A:TSH.Itr APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer c 53095 Main Road Lydia A. Tortora A i? P.O. Box 1179 George Horning f, • �`� Southold,New York 11971-0959 Ruth D. Oliva , Chairwoman �0,( �`�� ZBA Fax(631)765-9064 Vincent Orlando Telephone (631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD November 6, 2003 Mr. and Mrs. William DeBruin 34 Willis Ave. Mineola, NY 11501 Re: Appl. No. 5405 —Variance Dear Mr. and Mrs. DeBruin: Enclosed please find a copy of the findings and determination, with conditions, rendered at Zoning Board of Appeals Meeting held October 23, 2003. Please be sure to follow-up with the Building Department for the next step in this building-permit . application process. When returning to the Building Department, 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 and conditions, as may be noted (if any). Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 11/4/03 to: Building Department ELIZABETH A. NEVILLE _ G'y� Town Hall, 53095 Main Road TOWN CLERK o - P.O. Box 1179 H Southold,New York 11971 REGISTRAR.OF VITAL STATISTICS 15 MARRIAGE OFFICER 1,iL �� Fax(631) 765-6141 RECORDS MANAGEMENT OFFICER �Q! �a� Telephone (631) 765- 800 i FREEDOM OF INFORMATION OFFICER 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: July 15, 2003 RE: Zoning Appeal No. 5405 Transmitted herewith is Zoning Appeal No. 5405, Application of William E. de Bruin, Jr. and Mary Anne de Bruin for a variance. Also included is: letter from applicant to the ZBA dated July 3, 2003; Project Description; ZBA Questionnaire; Applicant Transactional Disclosure Form; Notice of Disapproval from the Building Department dated May 19, 2003 and amended June 30, 2003; Building Department Permit Application; one hand drawn plot plan and a survey. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 07/15/03 Receipt#: 4832 Transaction(s): Subtotal 1 Application Fees $150.00 Check# 4832 Total Paid: $150.00 Name: Debruin Jr., William E. & Maryanne 2570 Pine Tree Rd Cutchogue, NY 11935 Clerk ID: BONNIED Internal ID:79307 i I , t l I � i M. Bldg. Foundation Bath Extension , h 3s' L�/5-�-6 Basement F� �'� _Floors x I .. Wall s .xt W Extension E � z ,i, , �,- 3a�' , ,;, ,Interior Finish ,< Extension I Fire Place E Heat JgJ7 I - l 3 7� /d Porch I Roof Type z .' Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage j � �a 0 yr 6 I)riveway Dormer 4. B. d 3 _ ` o , TOWN OF SOUTHOLD OROPERTY RECORD CARD OWNER STREET �� VILLAGE DISTRICT SUB. LOT �/ � �??— .ary. -4 11ti-CLA71 �- j/ )� aP� p� g ar jCs� p 'B ��e 61+ c.. �'�o G4 FORMER OWNER N E ACREAGE S W TYPE OF BUILDING e-d f /1 RES,/O SEAS. VL. FARM COMM. I IND. I CB. MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS r� 7! , V f Q L `5 �7 . 1G�9 V A // Q LI • .i t�0 0 0 I �d •Ba �Q Y�' r ram^ a r-- /ice,1 a 4L o �3 -3z JL ii �l1f KA a d �' Sao si AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value FRONTAGE ON ROAD jQ S�f G 0 Tillable 1 BULKHEAD Tillable 2 DOCK Tillable, 3 Woodland Swampland Brushland House Plot Total WILLIAM E. de BRUIN, Jr. and MARY ANNE de BRUIN 34 Willis Avenue Mineola, New York 11501 Day - 516-248-6500 Evening- 516- 54.1-3797 Estate of Michael D. Romeo Paul & Virginia Thompson / PO Box 386 Cutchogue, NY 11935 c/o Richard Romeo 2515 Pine Tree Road Southold, NY 11971 104-3-4 104-2-7.4 Henry Santacroce, Jr. Robert &Barbara DiDomenico Ellen F. Santacroce Jeffrey P. DiDomenico 2520 Pine Tree Road 1075 Washington Drive Cutchogue, NY 11935 Centerport, NY 11721 104-2-12 104-3-5.3 Mrs. Edward L. Betz Town of Southold / 55 Hanrahan Avenue 53095 Main Road (/ Farmingville, NY 11738 Southold, NY 11971 104-2-14 104-3-20 OCT 1 0 2003 COUNTY OF SUFFOLK ROBERTJ. GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING November 12, 2003 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() Municipal File Numbers)_ Vonzuben,Fredrick&Antonia 5399 Wickham, J. Parker 5403 De Bruin, William and Mary 5404 Sutherland, Harold and Dorianne 5412 Diffley, Gerard and Karen 5431 Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G:\CC H 0 RNY\ZONING\ZONING\WORKING\LD2003\NOV\S D5399.N OV LOCATION MAILING ADDRESS H. LEE DENN150N BLDG.-4TH FLOOR ■ P. 0. BOX 61 00 ■ (5 16)853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788.0099 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 Vincent Orlando http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD November 10, 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 5399 VONZUBEN, F & A ARBOR— FRONT YARD SETBACK X 5403 WICKHAM, J. PARKER ALTERATIONS — FRONT YARD SETBACK X 5405 DEBRUIN, W & M ADDN /ALT— SIDE YARD SETBACK X 5412 SUTHERLAND, H HANDICAP RAMP & DECK ADDN — SY SB X 5431 DIFFLEY, G & K 2 STY ADDN — FRONT YARD SETBACK I 1XI If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Jess Bog Enc. cc: ZBA Staff LEGAL NOTICE OCTOBER 23, 2003 PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS 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, New York 11971-0959, on Thursday, OCTOBER 23, 2003, at the time noted below (or as soon thereafter as possible): 10:00 a.m. William and Mary DeBruin #5405. This is a Request for a Variance under Section 100-242A (ref. 100-244B), based on the Building Department's May 19, 2003 Notice of Disapproval, amended June 30, 2003. Applicants propose additions/alterations to the existing single family dwelling with a single side yard setback at less than 15 feet. Location of Property: 2570 Pine Tree Road, Cutchogue, Parcel 1000-104-2-13. 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 2, 2003. Lydia A. Tortora, Chairwoman Board of Appeals OFFICIAL USE ONLY DEBRUIN, BILL 104-2-13 5405 RO j ADDN/ALT SFD-SY SB Checklist for new projects: 2570 PINE TREE RD, CUT CALL APPLICANT/REPRESENTATIVE FOR AVAILIBILITY -7 LABEL: INCLUDE NAME, AGENT, TM#, ZBA#, MBR'S INITIALS, PROJECT, VARIANCE, ADDRESS AILINGS: INCLUDE COVER LTR, SIGN, AFF OF MLG, AFF OF SIGN PSTG, CHAP 58, LEGAL NOTICE - COPY OF CVR LTR, SIGN, LEGAL NOTICE IN FOLDER RT SIDE ASSESSORS CARD PULL NOD FROM BD - 7 CPES — 1 ON RT SIDE OF FOLDER 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 INDEX CARD — MAKE NEW OR ATTACH OLD IF PRIOR RESEARCH PRIORS — INDEX CARDS, LASERFICHE, ALPHA— 6 CPES OF DEC. - CPE CARD, STAPLE TO INSIDE RT SIDE IN FLDR INSPECTION PACKET: NOD, ZBA APPL, SURVEY, BD APPL, ASSESS CARD, CTM, ALL OTHER CORRESPONDENCE SOIL & WATER LTR: for parcels located on LI Sound L P I.._T 2 PLANNING COODINATION LTR for commercial or subdivision projects UPDATED: NEW INFORMATION: NUTI �. E OF HEARINO A public hearing will be held by the Southold Town Appeals Board atJown Hall , 53095 Main Road, Southold, concerning this -property APPLICANT: DEBRUIN , WILLIAM TAX MAP #mE . 104=2= 1 3 APPEAL: -VARIANCE - SETBACK PROJECT : ADDITION ALTERATIONS TIME & DATE: THURS. OCT. 23 RD - 10 : 00 A. M . 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 . ZONING BOARD •TONIN OF SOUTHOLD • 631465m1809 OCT 1 0 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Lise Marinace, being duly sworn, says that she is the Legal Advertising to existingg commercial building ott= the{SiiildmgDepartinent'.s Coordinator, of the Traveler Watchman, with a side yard at less than 20 Tily3t t11; , 2003- Notice s ti,i a public newspaper rinted at Southold, feet,<at 43715 yC R. 48 (a/kla D sappzc val:for. a new addition! AP Middle{sRoad„or North.Rbad), which assan expansion i�ito•the in Suffolk County; and that the notice of Sauthold,1000f59 3�30 ' ,: sillgLe side.,N- setbaolci.which 10:30 a:m: ..A. and , S iless thansl0eet, .arid total which the annexed is a printed copy, has a "over „# 410 i This,1K' been published in said Traveler >equest ipqr a. Variancp�unti Iland� tiView Lane; - Watchman once each week Sectxnn F 10042A al+QOB! 7r215 44B, :baked:;on the,,,Build>ng 2 3© p m H and D: for.... ......weeks ccessively, Department's,May,^30,�2003 Sutherland #5432 This• is+,;a coin in 'on the,:.......... Notice;of Disapprove 40r+pro itequest� for a>� 'anance under"'. day of a aady 4' ex�an to s ,� loQ �4422�, re �1QQz< ;: 1�. . .., 2003. the exis Mg we Tingthan777448; bar`-3 "one the B uldu�g 40 feet from;the gear;property Department's May 30, 2003 . n )�� lime„at 1b95 Wiekha Avenue, Nptace of Disapproval; for._:a % .. .......... K ...:�... ..-. . �VIamtucic, 1000 140 1-,l s , ,,; hand}capi ramp and deck addi- 10 40 a m J Parker Wickham 6,tion with;a esmgle side yard°at This is<fiq request;foi,a�' less thaiL=10;feet:and total side Variances undel Section 100M yards a =1e$s than 25 s feet, :at 242A,ref 1 0 244B based on 3.715 % Stillwater Avenue; the 13ui1d1ng Deparhr}ent's I�Iay Cutchogue,�1000=136 2 2 w t ��e�or� me this..�....day of 30 20,3Notce,o �lsapprova, ,`2t55g 1/� / 2003. forpraposed alterations to exit Mdjt E01eh CiriiYd.#5417 This •' ing dy elling?within 4U xfeet fro, is;a;request for;a.Variaiice under the front property line, xat, 10 Seciigns 100'242Af �'ar�C Avenue:Ext, )Vlattituck, 244B) and 1n00-23-9 4B;:;based the e$uildmg Department's ... 1 20 p m J Ann Ptgnato and��, Julys .1t5; 2403 Notice of/ Notary Public Marta Regina.#SA 15*;zThis i ,a Disapproval,for proposed addi= regppst fQct.a ,far a ce3Fuii er fions/.alterations.-at less;<:than,;o Section,1003t based on;the single side yardf =0 feet and Building Department's May , lesst Chain 75 feet:from�the bulk Emily Hamill 2gA3 Notices of'Disapprp�aL,for head, ati 7625 Nassau Point NOTARY PUBLIC,State of New York aspi}n osed accessory garage.;ip Road, Cutcltogue,F1000418 4- No.01RA5059984 a yard;otherhali the.rear yard, 4. Qualified in Suffolk County at 28545 Mdin Road, Qrietit, The $card of:Ap eels will Commission expires May 06,2006 ` 1000 0`' Paul Sennet #5402 sentati impedes siring to:be heard/ 11}is is#request fora Variance :at each hearmg;:and/or desiring: under Section;'100 242A, based to siabritit writtenss.statements on the Building Departirient's l%efore the conclusion of;each June 27, 2003 Notice `;of, hearuig�',Eachrlearing will,-riot, Disapproval for a pro�iosed start earlier ,thant�designated - porq,addition at less than 35. abode =.b'les,F are' available for. feet from thront lot line Arid review rduring regular•=business rear lot`imes,`at 450'Richmond liours Iffyou have questions; RoadEast,`Stithold, 1000 1'3S- please do not hesitate to call . 3 7 � .(631)7fr5 1809: s, 1 40 in Howard Meiiike. looted Qetober 6';2003 P #5400%, is is'a req est for, a LydiatA Tortora,Cliairwoinan Vanatce under,Section 100 Southold Board of Ap eals 244, 'based on the;'Buildng 1� 10/9/03 (p987:) � Department's`.'May Notice ` of Disapproval Applicant're e'sts 'approval of the "as built" setback location , ' -a deck andshot Cub`addition at less tlan 40 feet from'rthe front lot lure, at I. Broadw ate rs Road,=Cutchoguel 1OQ0 1Q4'-1 a13 � v r x"is t c.s s s i u 7 L"�EGAL NQTICE 1 S0 p m=',Priscilla Reillt� . OGTO$EI23,2Q03 PLIBI;IC5404 Tls is a request for` a . Variance 7unier Section 1`UO I EARINGS 242A ref 1Q0'2`44B. ased bn: SOUTHOLD BOARD OF:; the`$uildiiig�L�epartnient's June. L,y� ' APPEALS 0 2003 Notice ofDisapprbVa. . / �} U , NOTICE= IS HEREBY A licant proposes a"two s o � GIVEN, ursuant to Section ry pp a tio'nto dwelLmg at less tl an 267 of the Town Law.j end 10 feet on'a'single side yard an Chapter iAOf(Zoiung),4 Cadprsof:• less.than 2$;.' eet�fori total:side the Town of Southold, tbe'fol yards, after'demolition of.an 1ow7ng3Pu 1}c'hearings wil#rbe. attached garage; at, 865 Old �y theOL[TILD and Lane South_old, 1000?. . ,.BOARD(JE A�'PEALS 64 5 20 a�f„� fown Hall,,:53Q95; vIa7n 2f00 p m Paul�Sfetz #5401. . Road,3F0 Box 1179�SouthQld, This�rs a`trequest�for aVanance 1\L�ev, orlt I1,97� Q95 ,, and Section 100 242A, ref THIJRSDAY�,QCTOBER�2-3 106 244E 'based Y one_ "'the 2003 f ate ttie{,tilTies noted�bglo�v Building Department'§tJune 16 (tiros soon thereafteras„posse _,, 2003 >Noticeof Dis'appro al Ap lican t proposes :a Is-uway 1Q QO age William and=Mari landm Additib twitlt rear DeBruin� 405 L)This i u yardsetbacTat less`tlani35 feet; let rest far av Yanance undez at 270' 'Nor 1i� S`ea� Drive; Seetioin 1p00 242A,�(ref 00 . �outliold �1000 54 5 50 `�"41{ 24r4L3)�abased oil they Bu lduig S�,IO prm Gerard:4nd Wardn Dep rtmez►t SF sIvfay l9, 2003 DtfElev #543°l This'is a-request Notice ofDisapproval;amended; . for 4. Variance under Section Tunes 3O,C.2003, 'fQr proposed 100�'242A4ef 100'-244R;abased• . additions7alterations to the on the $wilding Department's' existing dwelling with a single Au st i, -2003 ;'Notice'; of side yard setback at lesstithan t5 Dis pproval; amended feet Locatiop'ofPrope 2570 Septemberf 3a 2003. Applicants - >* r Aree Road, 'Cutchogue,": pFo ore a second story adchtton f: T C04' f3 than 35 feet from-,;the ` O�am SAP +Metter and L 'front:lot'line; at 43L Lupton` lla h n #5413,f This, xs a si Point Road; Mathtuck,¢1000 request Or a Variance Funder 115�11 1 ,v �s eehon sf'OOk82�, based on'the 2 20 p m�I2tta Jones #5414 . tutldltig�Departmerit's yJul317, ' This is a request for'a Variance �00 NotxeesofDisapp�rpval;for : ender Section 100'244B;based'' ro osed'additionslalteratiol}s p P .... LEGAL NOTICE OCTOBER 23, 2003 PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN,_ pursuant to Section 267 of the Town Law and Chapter 160 (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, New York 11971-0959, on Thursday, OCTOBER 23, 2003, at the time noted below (or as.soon thereafter as possible): 10:00 a.m. William and Mary DeBruin #5405. This is a Request for a Variance under Section 100-242A (ref. 100-244B), based on the Building Department's May 19, 2003 Notice of Disapproval, amended June 30, 2003. Applicants propose additions/alterations to the existing single family dwelling with a single side yard setback at less than 15 feet. Location of Property: 2570 Pine Tree Road, Cutchogue, Parcel 1000-104-2-13. 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 2, 2003. Lydia A. Tortora, Chairwoman Board of Appeals William E. de Bruin, Jr. Mary Anne de Bruin 34 Willis Avenue Mineola, NY 11501 Day - 5167248-6500 Evening - 516- 541-3797 October 9, 2003 Southold Town Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Re: Variance Application #5405 for 2570 Pine Tree Road Parcel 1000-104-2-13 Gentlemen: I herewith enclose my Affidavit of Mailing with a list of the parties mailed to as well as the Post Office receipts for certified mail. Very truly yours, deB:lb i liam d rum J . Enc. Miso 29A:SOHBA.ltr ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------- -------.----------------------------x In the Matter of the Application of William E. de Bruin, Jr. AFFIDAVIT Mary Anne deBruin' OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Appeal #5405 Applicant's Land Identified as 1000- 104-2-13 _ COUNTY OF SUFFOLK) STATE OF NEW YORK) I. William E. de Bruin, Jr. residing at 24 E. Bayview .Street Massapequa ,New York, being duly sworn, depose acid say that: On the llth day of October 1'200 3 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 prier to the date of the subject hearing date, which hearing date as shown be October 23, 2003 (Signature) Sworn to before me this f4N, Vday of. Oc bber, 200. 3 ' Notary Public) HAROLD A. MAHONY NOTARY PUBLIC State of Now York *near " � ;SN&A,%W2y.entrance of my property, as the area most visible to " pStpg Expires June 30. 007 i FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 19, 2003 AMENDED: June 30, 2003 TO: William and Mary DeBruin 24 East Bayview Street Massapequa, NY 11758 Please take notice that your application dated May 19, 2003 For to construct additions and alterations to an existing single family dwelling at Location of property 2570 Pine Tree Road, Cutchogue,NY County Tax Map No. 1000 - Section 104 Block 2 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to a non-conforming single family dwelling, on a non-conforming 21,418 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIV Section 100- 242A which states, "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single-family dwelling notes an existing single side yard setback of 12 feet and a total side yard setback of+/- 40feet. The proposed construction will have a single side yard setback of 13 feet and a total side yard setback of+/- 40 feet. Therefore the proposed addition is not permitted pursuant to Article XXVI Section 100-244 which states that non-conforming lots measuring between 20,000 and 39,999 square feet in total size, require a minimum single side yard setback of 15 feet. Total lot coverage following the proposed construction, is less than+/-20 percent. This Notice of Disapproval was amended on June 30, 2003,to correct an error on behalf of the buildina dmartment. Auth a re CC: file,Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. WILLIAM E. de BRIUN, Jr. and MARY ANNE de BRUIN 34 Willis Avenue Mineola, New York 11501 Day - 516-248-6500 Evening- 516- 541-3797 Estate of Michael D. Romeo Paul & Virginia Thompson c/o Richard Romeo 2515 Pine Tree Road PO Box 386 Cutchogue,NY 11935 Southold, NY 11971 Henry Santacroce, Jr. Robert &Barbara DiDomenico Ellen F. Santacroce Jeffrey P. DiDomenico . 2520 Pine Tree Road 1075 Washington Drive Cutchogue, NY 11935 Centerport,NY 11721 Mrs. Edward L. Betz Town of Southold 55 Hanrahan Avenue 53095 Main Road Farmingville, NY 11738 Southold, NY 11971 Re: Variance Application # 5405 for 2570 Pine Tree Road Parcel 1000-104-2-13 Dear Folks: My wife and I have applied to the Southold Town Zoning Board of Appeals for a variance necessary to construct two dormers on the front of the house facing the road and to extend the existing shed dormer at the rear of the house. This construction will be done within the height and outline of the existing dwelling. A copy of a Legal Notice of the Hearing which will take place at 10:00 AM on October 23, 2003 at the Town Hall as well as a copy of the plot plan prepared by Donald G. Feiler, architect indicating the proposed construction. If you have any questions you may contract me at the above mentioned telephone numbers. Very truly yours, deB:lb William E. de Bruin, Jr. Enc. Misc 29A:Varltr.deb OFFICE OF ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax (631) 765-9064 October 2, 2003 Re: Chapter 58 — Public Notice for Thursday, October 23, 2003, 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) Before October 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 Code Ch. 58 enclosed). Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (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 October 16th: 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.(7) 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 October 16th, 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.) 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. Please also file your Affidavit of Posting with our department to show proof that the sign will have been posted for at least seven (7) days prior to the meeting. 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 '4c :� bD MAY 2 1 2003• �'9 f-, `s FORM NO. 3 C � �� '" NOTICE OF DISAPPROVAL DATE: May 19, 2003 TO: William and Mary DeBruin 24 East Bayview Street 3 Massapequa, NY 11758 p ' ,0 Please take notice that your application dated May 19, 2003 U For to construct additions and alterations to an existing single family dwelling at Location of property 2570 Pine Tree Road, Cutchogue,NY County Tax Map No. 1000 - Section 104 Block 2 Lot 13 Is returned herewith and disapproved on the following grounds: The posed addition/alteration to a non-conforming single family dwelling, on a non- conforming 21,418 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIV Section 100-242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non- conformance with regard to the regulations pertaining to such buildings_" The existing single-family dwelling notes an existing single side yard setback of 12 feet and side yard setback of 16 feet. The r co struction will have a single side yard setb of 13 feet and a total side yard setbac of 17 feet. Therefore, the proposed addition is not permitted pursuant to Article XXVI, Section 100-244, which states that non-conforming lots, measuring between 20,000 and 39,999 square feet in total size,require a minimum single side yard setback of 15 feet and a total side yard setback of 35 feet. Total lot coverage, following the proposed construction is less than+/- 20 percent. Authori ed Sigj4ture CC: file, Z.B.A. A/O Note to Applicant: Any change or deviation to the above referenced application may require ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ' ------------------------------------------------------x In the Matter of the Application of William E. de- Bruin Jr. & AFFIDAVIT . . Mary Acme de Bruin(Name OF of Applicants) MAILINGS CTM Parcel #1000-104-2-13 _ Appeal #5405 COUNTY OF SUFFOLK) STATE OF NEW YORK) ! 1, William E. de Bruin, Jr. residing at 24 E. Bayview Street, iMassapequa , New York, being duly sworn, depose and say that: On the 9th day of October, 1-2003, 1 personally mailed at the United States Post Office in Mineola , 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 (x) Assessors,.or ( ) County Real Property Office Town of Southold for every .property which abuts and is across a public or private street or vehicular right-of- way of record, surrounding the applicant's property. (Signature) Sworn to before me this 9t1da of OCto , 2003 MAR1014 VISSICHELU (Notary Public) NOTARYPUiBUCC,,S87te of Now York Quamied in Nassau County Commission Expires June t,_ 7 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers f next to the owner names and addresses for which-notices=were mailed. 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