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HomeMy WebLinkAbout5879 i% e o.Wc A I ,BIY,D, /.3 -e 17 .fir ✓i D� �2v����S/ �ilT�{ i�/S'�GFF, �2�� � Zyrd�/� i �-s 79 i APPEALS BOARD MEMBERS �QF soar Mailing Address: Ruth D. Oliva, Chairwoman y, yQIO Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer #t Southold,NY 11971-0959 James Dinizio,Jr. N Office Location: Michael A. Simon Old AaiQ Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman 10oulm 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS ,RECEIVED TOWN OF SOUTHOLD ; Tel. (631)765-1809•Fax(631) 765-9064 JUL 1 12006 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 8, 2006 ®uir6rui TOWe Clerk ZB File No. 5879--Thomas Perillo Property Location: 1410 Peconic Bay Blvd., Mattituck CTM 145-2-17.2 & 17.1 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 applicants lots, parcel 17.2 is 22,457 square feet is improved with a two-story frame residence with slate patio and porch, and parcel 17.1 is 30,056 square feet as shown on the June 5, 1997 survey prepared by Burton and Behrendt Smith, P. C. BASIS OF APPLICATION: Building Inspector's December 12, 2005 Notice of Disapproval, citing Section 100- 30.A.3, in its denial of an application for a lot line change. The reason stated by the Building Inspector in the denial is that lots in the R-40 District require a minimum lot size of 40,000 square feet, a minimum single side yard setback of 15 feet, a minimum total side yard setback of 35 feet. Following the lot line change both parcels will maintain nonconforming lot size and parcel 17.2 will have a single side yard setback of 0 feet and a total side yard setback of+/-17 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 25, 2006, 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 VARIANCE RELIEF REQUESTED: The applicant wishes a lot line change in order to relocate the access for parcel 17.1 to the east side of parcel 17.2. 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the lot line change the applicant is requesting will not result in anymore density tHl* is already allowed by the code. 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 house already exists on the property and will remain. The zero (0) lot line setback created by the variance will follow an existing driveway and have the appearance of a Page 2—June 8,2006 ZB File No. 5879—Thomas Perillo' CTM No. 145-2-17.2& 17.1 single driveway. An additional benefit will be the elimination of an ingress/egress point on the east side of the property. 3. The variance granted herein is not substantial. No new non-conformities are being created by this lot line change. 4. The difficulty has been self-created. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief 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 Member Oliva, seconded by Member Dinizio, and duly carried, to GRANT the Variance as applied for, shown on survey site map dated June 25, 1997 revised February 16, 2006 prepared by Burton Behrendt Smith P. C. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. 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, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). Ruth D. Oliva 7 h7/06 Approved for Filing f I BUILDER'S JOB NO. - TITL. O. �9 G J P�� n N tip` O Q\ \ O �P N aa. ti 15 (L ?" ?i5iiiit-.iiF1r! \o \tib ��l \ ! 44� 92 \ O n q bral V\ `a I� \ Sill 940 \\ og ��PP 0.,yCF =p PREP/ 6( �olta is \ �qo asp o, "�� a' 9a 5 � t THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL.LAND SURVEYORS. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY. MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. NO OFFICIAL OF THIS STATE, OR OF ANY CITY, COUNTY, TOWN OR VILLAGE THEREIN, CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES OR REGULATIONS SHALL ACCEPT OR APPROVE ANY PLANS OR SPECIFICATIONS THAT ARE NOT STAMPED. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. SUFFOLK COUNTY TAX MAP DIST:1000 SECT:145 BLK:03 LOT:17.2 R MAP NO: DATE: ✓U RTO N 1 � to r�,,0 LOT(S) BLOCK B E H R E N DT V� e.g Ell" f��9� SMITH MAP OF DESCRIBED PROPERTY PC IN 1, �A r✓�j�-:�a:x:� !ZS LOCATION: LAUREL ENGINEERS _` TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK ARCHITECTS SURVEYORS �C) REV: PROP. GARAGE: 7/3/97 SURVEYED: J U N E 5, 1997 REV.LOCATE DRIVE: 6/29/01 CERTIFIED TO: THOMAS PERILLO UPDATERESURVEY: REV.PL12/7 244 EAST MAIN ST. /O6 PATCHOGUE, N.Y. 11772 -•A ✓ (516) 475-0349 SCALE: 1 = 40' FILE NO: 97-228 FAX 475-0361 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 25,2006 PUBLIC HEARING 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 ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959,on THURSDAY. MAY 25, 2006: 11:00 A.M. THOMAS PERILLO #5879. Requests for Amended Variance (referring to ZBA Decision #2582 dated 9/611979) and Variance under Sections 100-30A.3 and 100-244 (Bulk Schedule), based on the Building Inspector's December 12, 2005 Notice of Disapproval. Applicant proposes to re-locate the access right-of-way from the west side to the east side of Lot 17.2, resulting in the proposed change of lot line and new nonconforming front yard setback from the existing dwelling to the easterly front yard line at less than 40 feet on this 22,457 sq. ft. parcel. After the lot line change and excluding the proposed land exchange of the 15 ft. wide right-of-way, the nonconforming size of CTM Lot 17.2 will remain at 22,457 square feet, and nonconforming size CTM 17.1 will remain the same, except that the ownership of the 15 ft. wide right-of-way will change when relocated with 17.1 (instead of part of 17.2). Location of Property: 1410 Peconic Bay Boulevard, Mattituck; CTM 145-2-17.2 and 17.1. 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 contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: May 9, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski #7868 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, com encing on the 11th day of May , 2006. Principal Clerk Sworn to before me this day of 2006 ' vot"61 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified In Suffolk County. Commission Expires February 28, 2008 4 .7 5abd P Notice of Disapproval concerning pro- line. Location of Property: 4006 Old family dwelling,with new construction / posed additions/alterations to the exist- North Road, Southold; CTM 55-2-5.2 at less than the code-required 10 ft.min- ing dwelling at less than.50 feet from and 5.3. imum side yard;and less than the code the front yard lot line;at 570 Horseshoe 11:00 A.M. THOMAS PERILLO required minimum of 35 feetfiom both I �y ll!'d l Drive,Cutchogue;CTM 95-4-18.20. #5879. Requests for Amended Variance front yard lot lines,at 1160 Bailey Beach 10:05 A.M. KEVIN and VIRGINIA (referring to ZBA Decision#2582 dated Road,Mattituck; CTM 99-3-11.19.. COTTON #5896. Request for Vari- 9/6/1979) and Variance under Sections 1:30 P.M. BENEDICT POLLIO antes under Section 100-244,based on 100-30A.3 and 100-244 (Bulk Sched- #5889. Request for a Variance;'based the Building Inspector's April 5,2006 ule),based on the Building Inspector's on the Building Department's April 4, Notice of Disapproval concerning pro- December 12, 2005 Notice of Disap- 2006 Notice of Disapproval concern= posed additions/alterations to the exist proval. Applicant proposes to re-locate ing an addition to an existing dwelling. 1 ing dwelling at less than 35 feet from the the access right-of-way from the west The reason for disapproval is that Sec- „\/ front and rear yard lot lines,less than 25 side to the east side of Lot 17.2,result- tion 100-31A states that "no building feet for combined(both sides required ing in the.proposed change of lot fine or premises shall be erected or altered at 10 ft.and 15 ft.minimum),and with and new nonconforming front yard set- which is arranged,intended or designed lot coverage in excess of the code's 20% back from the existing dwelling to the to be used,in whole or in part,for any limitation. Location of Property: 825 easterly front yard line at less than 40 uses except.'..(1)One-family detached' Dogwood Lane,-Eastfrhtrto ;CIM 54- feet on this 22,457 sq.ft.parcel. After dwellings,not to exceed.one dwelling on 5-33. -so,.# "f`t- the lot line change and excluding the each lot. The new construction is pro- 10:15 JEANINE O'HAGEN-MUR- proposed land exchange of the 15 ft. posed on a lot which contains more than PHY#5890. Request for Variances.un- wide right-of-way, the nonconforming one dwelling. Location of Property:445 der: (a)Section 100-31A states that"no size of CTM Lot 17.2 will remain at Kimogenor Point.Road,New.Suffolk; building or premises shall be erected or 22,457 square feet,and nonconforming CTM 117-10-1. ` altered which is arranged,intended or size CTM 17.1 will remain the same, 1:35 P.M. ARLENE and PETER designed to be used,in whole or in part, except that the.ownership of the 15 ft. MANOS#5891. Request for a Variance LEGAL NOTICE for-any uses except ... (1) One-family wide fight-of-way will change when under Section 100-239.4A,based on.the PUBLIC HEARINGS - etached dwellings,not to exceed one relocated with 17.1 (instead of part of Building Department's March 28,2006. 'SOUTHOLD TOWN ZONING dwelling on each lot; and (b) under 17.2). Location of Property: 1410 Pe- Notice of Disapproval,amended April BOARD.OF APPEALS Section(s) 100 242/100-243 pertaining conic Bay Boulevard,Mattituck; CTM 11,2006,concerning a request to amend THURSDAY,MAY 25,2006 to nonconforming setback and noncon- 145-2-17.2 and 17.1. Building Permit#31508-Z,:after demol- NOTICE IS HEREBY GIVEN,pur- forming number of dwellings on a lot. 11:20.A.M: FISHERS ISLAND ishing the dwelling and building a new suant to Section 267 of the Town Law The applicant is proposing renovations/ WINDSWEPT PROPERTIES, LLC dwelling. Demolition of the construc- and Chapter 100(Zoning),Code of the alterations to the existing dwelling,on and ROSALYN DRISCOLL #5883. tion was not requested by Applicant Town of Southold,the following public a lot which contains more than one Request for a Special Exception under under Building Permit No. 31508-Z hearing will be held by the SOUTH- dwelling,and was disapproved by the Article III,Section 100-31B,sub-section and ZBA Variance #5730 (which was OLD TOWN ZONING BOARD OF Building Inspector on April 20, 2006, 13 of the Zoning Code to establish Ac- for a two-ft.porch.extension).The new APPEALS at the Town Hall, 53095 and amended Notice of Disapproval cessory Apartment,to establish an Ac- dwelling will be located less than 100 Main Road;P.O. Box 1179, Southold, issued May 9,2006. Location of Prop- cessory Apartment in the existing dwell- feet from the top of the.bluff or bank of New York 11971-0959,on THURSDAY, erty:4250 Breakwater Road;Mattituck; ing located at 1877 Heathulie Avenue, the.Long Island Sound,at 2000 Sound MAY 25,2006: CTM 106-9-1.1. Fishers Island;CTM 1000=9-11-9.3. Drive,Greenport;CTM 33-1-18., 9:35 A.M:JAMES CURRAN#5795 10:25 A.M. PAUL and CHERYL 11:30 A.M. ANDREW LOWRY, The Board of Appeals will hear all -Request for a Variance under Section RAGUSA#5897. Request for a Vari- MANAGING MEMBER/343 EAST persons,or their representatives,desir- 100-33,based.on the Building Inspec- ante under Section 100-231,based on 18TH STREET #5860. Request for ing to be heard at each hearing,and/or tor's July 28,2005 Notice of Disapproval the building Inspector's February 28, Variance under Section 100-244,based desiring to submit written statements concerning the location of an as-built 2006 Notice of Disapproval concern- on the Building Inspector's March 23, before the conclusion of each hearing. accessory shed in a front yard,instead of ing fence construction in excess of the 2006 amended Notice of Disapproval, Each hearing will not start earlier than the code-required rear yard,at 680 Oak- code's four ft.height limitation when lo- concerning construction of a new dwell- designated above.Files are available for wood Court(at Wood Drive,Lakeside cated in the front yard,at 2700 Harbor ing at less than 40 feet from the front review during regular business Hours. If Drive),Southold;CTM 90-4-4. Lane,Cutchogue; CTM 103-1-20.8. yard lot line (after demolishing the you have questions,please do not hesi- 9:40. A.M. JAMES BISSETT,I11 10:35 A.M.ROMANELLI BROTH- existing dwelling). (No alterations or tate to contact our office(631)765-1809, #5894. Request for a Variance under ERS,LLC by John Romanelli,President changes to the nonconforming acces- or linda.kowalski@town.southold.ny.us. Section 100-33A, based on the Build- #5880,Request for a Special Exception sory cottage are proposed.) Location Dated: May 9,2006. ing Inspector's March 16,2006 Notice under Section 100-71B(3) to establish of Property: 115 East Side Avenue, ZONING BOARD,OFAPPEALS of Disapproval concerning a new horse an Apartment use over the first floor Mattituck; CTM 99-3-19. RUTH D.OLIVA,CHAIRWOMAN barn proposed at a height exceeding business office use in this RO Residen- 11:40 A.M: FRANCIS W.and NAN- - By Linda Kowalski the code limitation of 18 feet,at 55 Cox tial Office Zone District,at 51750 Main CY DEEGAN#5892.Request for Van- 786871T 5/11 Neck Road, Mattituck; CTM 1134- Road,Southold;CTM 63-6-4. ance under Sections 100-242(Walt In- 19.23. 9:45 A.M:STEPH?iNIE MIRTTEL- 10:40 A.M. RICHARD PERRY terpretation#5039 rendered 1!2/02),and LO #5 A. Request for a Variance #5886. Request for a Variance under 100244 concerning adkitions to the ex- under Section 100-2st f based Variance the Sections 100-30A.3 and 100-242(Walt isting dwelling,which will increase the building Inspector's January 6, the Interpretation #5039 rendered 1/2/02), degree of nonconformance when locat- Notice of Disapproval,concerning"as based on the Building Inspector's Feb- ed less than 15 feet from the side yard built alterations r v existing noncon- ruary 6, 2006 Notice of Disapproval lot line,at 500 North Drive,Mattituck; forming accessory,seasonal cottage con- concerning a proposed addition,which CTM 106-6-28.4. taining 520+/-square feet of floor area. will increase the degree of nonconfor- 1:15 P.M.SOTIRIOS KASSAPIDIS The reasons stated for disapproval are: mity when located less than 50 feet from #5888. Request for Variances under (1) that the existing seasonal accessory the front yard lot line,at 830 Clearview Section 100-230 and 100-244,based on cottage was altered to include heat and Road,Southold;CTM 89-3-11.5. the Building Department's March 7, to convert a sunroom to a bedroom, 10:50 RICHARD and SUSAN 2006 Notice of Disapproval regarding which,is,not permitted under Section WARD #5867. Request for Variances a breezeway addition town existing ga- 100-242A,when alterations. create a under Section 100-32(ref,Section 100- rage,ai less than 10 feet from the side new nonconformance or increase in the 244 Bulk Schedule),based on the Build- property line(Building Permit#31420), degree of nonconformance;.and (2) ing Inspector's July 5,2005 Notice of and with the swimming pool construc- that Section 100-31A permits only one Disapproval, amended March 2,2006, tion, all buildings and structures will single-family dwelling on a lot,and the forlot sizes and side yard setback of the exceed the 20% code limitation of lot i as-built alterations create a year-round existing dwelling resulting from a pro- coverage, at 3975 Breakwater Road, accessory cottage. Location of Prop- posed change of lot lines (re-division Mattituck;.CTM Parcel 106-3-8. erty: 3535 Cox Neck Road,Mattituck; of existing Lots 1 and 2). Each lot will 1:25 P.M. THOMAS and MARY CTM 113-3-3.1. remain nonconforming.with less than FITZPATRICK #5880. Request for i 10:00 A.M. LAWRENCE and ANN 80,000 square feet of land area and less Variances under Sections 100-242A EKSTER 45891. Request for a Vari- than 175 feet of lot width,and the side (Walz Interpretation 45039 dated ance under Section 100-30A.3,based on yard will be less than 20 feet from tfie 1/24/02) and 100-244, concerning pro- the Building Inspector's April 11,2006 existing dwelling from-the revised.lot posed additions to the existing single- FORM NO. 3 0 NOTICE OF DISAPPROVAL DATE: December 12, 2005 TO: Moore A/C Perillo 51020 Main Road Southold,NY 11971 Please take notice that your application, dated December 12, 2005 For permit for a lot line change at Location of property 1410 Peconic Bay Blvd, Mattituck,NY County Tax Map No. 1000 - Section 145 Block 2 Lot 17.2 & 17.1 Is returned herewith and disapproved on the following grounds: The proposed lot line change on two contiguous parcels in the R-40 District, is not permitted, pursuant to Article IIIA, Section 100-30.A.3,which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the R-40 District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein full." 1k According to the bulk schedule lots in the R-40 District require a minimum lot size of 40,000 square d' feet a minimum single side yard setback of 15 feet a minimum total side yard setback of 35 feet. Following the lot line change tax lot 17.1 will maintain its nonconfang lot size of 30,05 a6 nd tax lot 17.2 will maintain its nonconforming lot size of 22 4 T However, the existing dwelling on tax lot 17.2 will have a single side yard setback of 0 feet and a total side yard setback of+/- 17 feet. Southold Town Planning Board approval will also be required for this project. Note to Applicant: Any change or deviation to the above referenced application, may require further r y t old Town Building Department. Authorized Signature CC: file, Z.B.A., Planning Board R C E r, APR 0 4 2 006 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APP ALS 5� For Office Use Only �o °`�`"7%p �`A�� Fee: $ Filed By: Date Assigned/Assignment No. �� L___f Office Notes: I& Parcel Location: House No. 1410 Street Peconic Bay Boulevard Hamlet Mattituck SCTM 1000 Section 145 Block 2 Lot(s) 17.2 & 17.1 Lot Size (existing_17 2) 22,457 s.f. If flag relocated to east side of property - 22,257 If flag made as right-of-way for 17.1 - 26,344 Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 12/12/05 ., Applicant/Owner(s): Thomas Perillo Mailing Address: 87 Old Country Road, Melville,NY 11747 Telephone: 692-8147 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road, Southold NY 11971 Telephone: 631-765-4330 fax: 631-765-4663 Please specify who you wish correspondence to be mailed to, from the above listed names: ❑ Applicant/Owner(s) X1 Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 12/12/05 POR: ® Building Permit(if access relocated then existing house requires variance) ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use oPermit for As-Built Construction Other:Amend location of access to 17.2 as required in Appeal No. 25827/26/79 Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article IIIA Section 100-30 Subsection A3 Type of Appeal. 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 Code,Article Section IN Reversal or Other Amend ZBA decision No. 2582 dated July 26, 1979 A prior appeal N has ❑ has not been made with respect to this property UNDER Appeal No. 2582 Year 1979. N ti 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: In 1979 (Appeal 2582) the Zoning Board granted a variance for insufficient area and width and access in order to complete a lot line change. The applicant, Perillo, thereafter constructed his house and has lived in this house for the past 26 years. The applicant wishes to build a garage on the west side of his property. A garage either in the rear or on the east side would block the water view of his parcel as well as his neighbor's parcel to the east (Burns). In order to locate the garage on the west side he must ask the ZBA to relocate the access for the rear lot to the east side. The access can be either a 15'right-of-way or a flag. Either is acceptable to the owner. The driveways for the front and rear parcel would be shared: the existing driveway would stay in it's present location and the driveway to the rear lot would use the same access. The relocated right-of-way would be adjacent to another existing right-of-way (shown on the survey as existing park&playground). The existing house, as built, will require side yard variances because the relocated right-of-way or flag will result in the house to be to the new setback. No change will be caused to the actual use of the dwelling. No further alterations to the east side of the house would be permitted. (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: The views of the house would be altered by placing a garage in the back yard. The neighboring homes share common rear open space views, the character of the established neighborhood would be adversely affected by building a garage which is conforming to zoning. The location of the existing access creates a problem to the owner. The house will be no closer to the neighbor then already exists. The driveway remains where it is already developed. (3) The amount of relief requested is not substantial because: In 1979 the Planning Board recommended that the access be located on the west side, however, because the ZBA had placed it on the east side, at the owner's request, the Planning board could not change it. After many years living on the property, the owner believes that the Planning Board was correct. Relocating the access to the east side of the property enables the owner to place a garage in the rear yard where it does not block the water view for his home or his neighbor's home. The garage on the west side of the property will be in line with his westerly neighbor's garage. The development of the neighborhood which has preserved the waterfront views will be preserved for as long as the waterfront property remains undeveloped. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: No overall change will be made to the property- if the access remains as a flag, the exchange in location will not affect the overall size of the property. If the access is made a right-of-way, then the area of the right of way is added to the Perillo's improved lot and the buildable area of the waterfront lot remains the same (ROW area is not included in waterfront lot area calculation under current code). There is no net change to the existing properties. (5) Has the variance been self-created? (X)Yes, or ( )No. If not, is the construction existing, as built? ( )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) The proposed garage on the west side of the property necessitates this request. The garage could be located on the east side but it would adversely impact the easterly neighbor. Mr. Perillo and his neighbor have known each other for many years. It would not be a"neighborly"thing to do (change the character and historic development of the neighborhood) even though it would comply with the zoning ordinance. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety; and welfare of the community. Check this box ( ) IF A'USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant or Au orized Agent (Agent must submit written Authorization from Owner) Sworn to before me this day of y, 92006 (N tary Public PATRICIA C.MOORE (Votary Public,State of New York Suffolk County-No.4861668 Commission Expires c TO' Al ' OF SOUTHOLD. POPE"�TY. '�ECO*D�Cw+�D. . -OWNER STREET L VILLAGE DIST. SUB. SLOT FORMER OWNER N E j S: TYPE OF BUILDING SEAS. VL. FARM COMM. CB. MISC. Mkt. Value -VA LAND IMP. TOTAL DATE REMARKS f ;� Groe/>cu/si' 1a. '/L'elyi,be�Ki.dgha V ILL�d C 70D.,4y7 62 d--U it e 199 %UIL ,l G ONDITI oZ4 9 02 3 demo i9G7`���x�`fl v c� cv v. c1Fa NEW NORMAL LOW A E �D . A4� :0ARJ Acre Va ue Per Value Acre 6" 1- 41 .l�il'1e61e 1 /v G Tillable . 2 Tit•lable 3 Woodland \ Swampland FRONTAGE ON WATER AZZ Brushland FRONTAGE ON ROAD House Plot DEPTHa�, , t BULKHEAD r. otal DOCK ... ■■■■■■■■■ii■■i■■■■■■�1■■■®■■■■i■■ �, ■■■■■!■■■■i!�!e■■■\■■�1■wit■■■■■■■ ■■■■!re■■t!�' Im1"■ '3a�1■■�siiei■■■■■■ ■■■■■■■■imemw ■ ■�I■■■■■i■■■■■■■■ Foundatiob Ext. Walls • Fire Place . • / 0 / 0 y / It f:• E(Aaq�ep O � 3 s+ , / ;>° .r c�F`J•,D.,o r \\ // • pp\Ol a @ry`oh o J01 O' �/w 9fI p % `, e�\ �• J22 \ by 1 / \ P // g\ 1aplD ti9 � t t`T• `�P \ �0 (PARK) o s G a \ •A a �T 1R• Ln .y ;C J � , ScAod El.Mct llm --SCN NyA'.t Ulstrict Um --H-- UNLESS DRAWN OTHERWISE, ALL PROPERTIES NOTICE a� COUNTY OF SUFFOLK ' Rr,)],t kt LIm ——F—— pofusa Ulatrlct Lim ——R—— ARE WITHIN THE FOLLOWING DISTRICTS: SCHOOL it SEWER WWD MAINTENANCE,ALTERATION,SALE OR D Real Property Tax.Service Agency 11—X,"kt urc —-v—- Retrka Netrki lIm —HST—— FIRE To HYDRANT DISTRIBUTION OF ANY PORTION OF THE umrc m..trkt uro —-L—— mwvea olsMlct um——A—— rnOaXT ns HT PATER SUFFOLX COUNTY TAX MAP IS PROHIBITED County Center RIVerhead,N Y 11901 MUSE rvn p.trkt uro —— —— a.t..ot•r petrlct um—ws—— axeuLA EWATER WITHOUT WRITTEN PERMISSION OF THE -yam II� ,00 SCALE IN FEET: P • NCE sT '— L.r ovtrtct ltn• ——s——. .REAL PROPERTY..,TAX SERVICE,AGENCY. o TOWN OF SOUTHOLb' ,�, BUILDING P--- SIT APPLICATION CHECKLIST BUILDING DEPARTM6—i _ Do yo e or need the following,before applying? TOWN HALL 7 205 Board of Health SOUTHOLD, NY 1197L' — j 4 sets of Building Plans TEL: (631) 765-1802 f -______.____._- Planning Board approval FAX: (631) 765-9502 �._�__. :m_:_' __r ..._' � i-��_ µ3 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved 120 Mail to: Disapproved a/c 1 /2-r� Phone: Expiration 20 LBuilding Inspector APPLICATION FOR BUILDING PERMIT Date , 20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 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 Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder- Name of owner of premises (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 landy�n which propose work;Vivo ne: ✓ House Number Street Hamlet County Tax Map No. 1000 Section Block o�.� Lot /7 2, Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy' )remises and intended use and occup:. of,?roposed construction: a. Existing use and occupancy b. Intended use and occupancy 6&-? e A:1 9:2 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * 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 * 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 OFJ ) being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief, and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of 20 Od' atary'P11b11'C Signt�>e dfppli� nt PATRICIA CORP,'Irz ? Public,State off"e/yorg °Sio o :alifiedin Suffolk C ty s "` un ._ --•--.__.,;,;,...Y,st ti n Expiros Sept 13, .v ;� � sJ,;,r k^r „n. �..w.�-~.� ._... _,....,.,....«.. ,�+........ :.w.w� .r. c�..IifiA:.. . :........v...,.,:....1...a..%r, •T �t -COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING September 20, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA SEP 2 2 2006" 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 , 1 Dear Ms. Oliva: 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 disapproval. Applicarit(s) Municipal File Number(s) Manos,Peter&Arlene 57i30 Klein, Geri Arinine 5793 &5853 Curran, James 5795 Neumann, James 5822 Olvasid Realty* 5828 Fischer,Daniel 5833 Aliano,Nicholas** 5846 Hajek,Frank&Rose 5847 Miritello, Stephanie 5849 Chapman, John 5857 343 East 18 LLC (Lowry) 5860 Sweeney, Jim&Susan 5865 Ward,Richard&Susan 5867 Estate of Glenn Boocock 5868 Kennedy, Sheila 5870 Galizia,Henry 5871 Baner, John&Denise \ 5874 Perillo, Thomas*** ` 5879 Fitzpatrick,Thomas&Mary 5880 Romanelli Brothers 5882 Perry,Richard&Kim 5886 Pollio, Anne 5889 Ekster,Lawrence&Ann 58911 . Deegan,Francis'&Nancy 58.92 Bissett' James III 5894. Sutton,Alexander&Tracy 5898 Sullivan,Robert&Jackie 5902 LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P.O.BOX 6100 ■ (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 1 1788-0099 TELECOPIER(631)853-4044 PATRICIA C. 10 GORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 UAR 2 7 2006 February �6F,�ppEALs Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Thomas Perillo 1000-145-2-17 . 2 & 17 . 1 Dear Chairwoman and Board members : Enclosed is an application for an amendment to ZBA appeal #2582 dated July 26, 1979 . In 1979 the ZBA grated a lot line change between the above referenced properties and area variances for each lot . The applicant continues to own 17 . 1 & 17 . 2 . The ZBA directed the location of the access to the waterfront lot (17 . 1) . The owner wishes to build a garage on his property, but in doing so he will block his water view and that of his neighbors . In order to avoid impacting the views, the applicant proposes constructing the garage on the west side of the property. Therefore, we hereby request to re-locate the access for lot 17 . 1 to the east side of 17 .2 . The applicant would create a common driveway for lot 17 . 1 & 17 . 2 . An original and 6 copies of the following documents are included for your review: 1 . Notice of Disapproval 2 . Application 3 . Two Surveys by Burton-Behrendt-Smith PC (A) existing conditions survey (B) proposed relocation of access and proposed location of garage Y- I 4 . Copies of documents from the 1979 Appeal (A) lot line change diagram (B) old tax map (C) old subdivision map for adjacent property (D) copy of Young & Young survey (E) ZBA decision 5 . Property will be staked prior to your inspection. 6 . Property card 7 . LWRP (house located at 100 feet from Dredged Canal) If there is anything else you need please do not hesitate to contact me. �Tery�tru y yours, ricia�CMoore---- PCM/mr Encls . I 'o PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 APR ® � 2006 Fax: (631)765-4643 ��{�IFit� s,�yp�`tj �F � April 4, 2006 BY HAND Southold Town Zoning Board of Appeals Southold Town Hall Annex Att: Linda RE: Thomas Perillo SCTM #1000-145-2-17.2 & 17.1 Dear Linda: As per your request, enclosed please find seven (7) copies of the replacement Application for the above referenced matter. Very truly yours, Patricia C. Moore PCM/mr Encls. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Robert Kassner Betsy Perkins Legal Assistant Secretaries May 12, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road, Southold,NY 11971 `"]ALlS' :MAY2006 Re: Thomas Perillo SCTM#1000-145-2-17.2 & 17.1 J 8 7 ZON OF APP€: Dear Chairman and Board members: There was an omission in the first page of the application form which has herein been corrected. In addition to Article IIIA section 100-30 A(3), Article XXIV, Section 100-244 should have also been listed. The existing house requires a front yard setback from a right-of-way if the right-of-way is relocated. I inadvertently called the setback a"side yard"variance. Please replace the first sheet of the application form. My written material already contained the discussion for a variance from the right-of-way for the existing house. The existing driveway is located in the area to be made right-of-way providing a common access for the two properties (see survey). Thank you for your courtesies. V'9 ly,.y6urs, Patricia C. Moore APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: Parcel Location: House No. 1410 Street Peconic Bay Boulevard Hamlet Mattituck SCTM 1000 Section 145 Block 2 Lot(s) 17.2 & 17.1 Lot Size(existing) 22,457 s.f. If flag relocated to east side of property- 22,257 If flag made as right-of-way for 17.1 - 26,344 Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 12/12/05 Applicant/Owner(s): Thomas Perillo Mailing Address: 87 Old Country_ Road, Melville,NY 11747 Telephone: 692-8147 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road, Southold NY 11971 Telephone: 631-765-4330 fax: 631-765-4663 Please specify who you wish correspondence to be mailed to, from the above listed names: ❑ Applicant/Owner(s) ❑ Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 12/12/05 FOR: ❑ Building Permit(if access relocated then existing house requires variance) ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other:Amend location of access to 17.2 as required in Appeal No. 25827/26/797 Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article IIIA Section 100-30 Subsection A3 and Article XXIV Section 100-244 Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. Front yard variance (setback to right- of-way) ❑ 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 Amend ZBA decision No. 2582 dated July 26 1979 A prior appeal ❑ has ❑ has not been made with respect to this property UNDER Appeal No. 2582 Year 1979. APPEALS BOARD MEMBERS �QF S0(/r Mailing Address.- Ruth D. Oliva, Chairwoman � yQIO Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P. Goehringert Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A. Simon fly Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman A ��`�•''_ 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.no.-thfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 July 132006 Patricia C. Moore, Esq. 51020 Main Road Southold, New York 11971 Re: ZBA Ref. 5879 Perillo, Thomas —Variance Determination Dear Ms. Moore: Please find enclosed a copy of the above-noted determination rendered by the Zoning Board of Appeals at its June 8, 2006 Meeting. Please be sure to file an extra copy of the enclosed variance determination when submitting other final documents, or amendments, with the Building Department. Thank you. Very truly yours, Linda Kowalski Encl. Copy of Decision to: Building Department t' �l�Nm ivv� (3oP. BUILDER'S JOB NO. T NO. CMG ov �jL� O CPSP"P'"S P � 00 �P-ll FN°GM OF� �N O Lh �90 -1 O O o ti G P ,GO Ik �0 yP of p �� FE. � Go'• w o O PF �i0 1 �oy0 \ o O \ o� T \2o OG \ ZtZP O ZOO \ T \ OZ \ o \ SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES FOR APPROVAL OF CONSTRUCTION ONLY DATE ----------- HS REF. NO- ----------- 65 APPROVED ---=------------------- THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY NO OFFICIAL OF THIS STATE, OR OF ANY CITY, COUNTY, TOWN OR VILLAGE THEREIN, CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES OR REGULATIONS SHALL ACCEPT OR APPROVE ANY PLANS OR SPECIFICATIONS THAT ARE NOT STAMPED CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS SUFFOLK COUNTY TAX MAP DIST:1000 SECT:145 BLK:03 LOT:17.2 BURTON MAP NO: DATE: LOT(S) BLOCK B E H R E N DT ® MAP OF DESCRIBED PROPERTY SMITH PC LOCATION: LAUREL ENGINEERS TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK ARCHITECTS SURVEYORS SURVEYED: JUNE 5, 1997 REV: PROP. GARAGE: 7/3/97 Qo CERTIFIED TO: THOMAS PERILLO REV.LOCATE DRIVE: 6/29/01 244 EAST MAIN ST. UPDATE SURVEY: 12/27/05 PATCHOGUE, N.Y. 11772 �y (516) 475-0349 ONO SCALE: 1 " = 40.00' FILE NO: 97-228 FAX 475-0361 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee: $ Filed By: Date Assigned/Assignment No./ ! f Office � �J" � Notes: f In the Matter of Thomas Perillo IN House No. 1410 Street Peconic Bay Boulevard Hamlet Mattituck SCTM 1000 Section 145 Block 2 Lot(s) 17.1 & 17.2 Lot Size (existing 17.2) 22,457 s.f. If flag relocated to east side of property- 22,257 If flag made as right-of-way for 17.1- 26,344 Zone District R-40 I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 12/12/05 Applicant/Owner(s): Thomas Perillo Mailing Address: 87 Old Country Road, Melville NY 11747 Telephone:692-8147 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq., Address: 51020 Main Road, Southold,NY 11971 Telephone:_(631) 765-4330 fax: (631) 765-4643 Please specify who you wish correspondence to be mailed to, from the above listed names: y Applicant/Owner(s) X Authorized Representative y Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 12/12/05 FOR: y Building Permit (if access relocated then existing house requires variance) y Certificate of Occupancy y Pre-Certificate of Occupancy y Change of Use y Permit for As-Built Construction y Other: Amend location of access to 17.2 as required in Appeal No 2582 7/26/79 Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article IIIA Section 100- 30 Subsection A 3 Type of Appeal. An Appeal is made for: y A Variance to the Zoning Code or Zoning Map. y A Variance due to lack of access required by New York Town Law-Section 280-A. y Interpretation of the Town Code, Article Section y Reversal or Other : Amend ZBA deciision No 2582 dated July 26, 1979 A prior appeal y has y has not been made with respect to this property UNDER Appeal No. _2582 Year 1979 REASONS FOR APPEAL (additional sheets may be used with applicant's signature): 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: In 1979 (Appeal 2582)the Zoning Board granted a variance for insufficient area and width and access in order to complete a lot line change. The applicant,Perillo, thereafter constructed his house and has lived in this house for the past 26 years. The applicant wishes to build a garage on the west side of his property. A garage either in the rear or on the east side would block the water view of his parcel as well as his neighbor's parcel to the east (Burns). In order to locate the garage on the west side he must ask the ZBA to relocate the access for the rear lot to the east side. The access can be either a 15'right-of-way or a flag. Either is acceptable to the owner. The driveways for the front and rear parcel would be shared: the existing driveway would stay in it's present location and the driveway to the rear lot would use the same access. The relocated right-of-way would be adjacent to another existing right-of-way(shown on the survey as existing park&playground). The existing house, as built, will require side yard variances because the relocated right-of-way or flag will result in the house to be to the new setback. No change will be caused to the actual use of the dwelling. No further alterations to the east side of the house would be permitted. (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: The views of the house would be altered by placing a garage in the back yard. The neighboring homes share common rear open space views, the character of the established neighborhood would be adversely affected by building a garage which is conforming to zoning. The location of the existing access creates a problem to the owner. The house will be no closer to the neighbor then already exists. The driveway remains where it is already developed. (3) The amount of relief requested is not substantial because: In 1979 the Planning Board recommended that the access be located on the west side,however, because the ZBA had placed it on the east side, at the owner's request, the Planning board could not change it. After many years living on the property, the owner believes that the Planning Board was correct. Relocating the access to the east side of the property enables the owner to place a garage in the rear yard where it does not block the water view for his home or his neighbor's home. The garage on the west side of the property will be in line with his westerly neighbor's garage. The development of the neighborhood which has preserved the waterfront views will be preserved for as long as the waterfront property remains undeveloped. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: No overall change will be made to the property- if the access remains as a flag, the exchange in location will not affect the overall size of the property. If the access is made a right-of-way, then the area of the right of way is added to the Perillo's improved lot and the buildable area of the waterfront lot remains the same (ROW area is not included in waterfront lot area calculation under current code). There is no net change to the existing properties. (5) Has the alleged difficulty been self-created? (X)Yes, or ( )No. The proposed garage on the west side of the property necessitates this request. The garage could be located on the east side but it would adversely impact the easterly neighbor. Mr. Perillo and his neighbor have known each other for many years and would not be a"neighborly" thing to do (change the character and historic development of the neighborhood) even though it would comply with the zoning ordinance. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety; and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this day of , 20 ©6 (-Notgfy Public PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No 486165 Commission Expires June i 6, � TOWN OF S UTHOLD, NEW YORE SATES e�?t .2 7 r .19 7 9 AC ON OF THE ZONING BOARD OF Ar PEALS Appeai No. 2582 Dated July 2 6, 1979 ACTION OF TTIZ ZONING BOARD-OF APPEALS OF THE TOWN OF SOUTHOLD To THOMAS AND EDITH PFkFItLO (Carman, Callahan, Carman & Sabin(?, , S it 87 OLD COUNTRY, RQAD 280 Main St, Box 310 MELVILLE, NEW YORK 11747 Farmingdale, NY 11735), at a meeting of the.Zoning Board of Appeals on• ' September 6, 197 9, the appeal was considered and the action indicated below was taken on your ( ) Request for variance clue to lack-of access to property ( ) Request for a special exception under -the Zoning Ordinance (g) Request .for a variance to the Zoning Ordinance Article 111, Section 100--31,. Bulk &c Park: ( ) Schedule I. iSPECL)LL EXCEPTION. By resolution of the Board it was determined that, a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .._. ._._..:... paragraph .................... .af the Zoning Ordinance'and the decision of the Building Inspector (' } be reversed ( ) be ' confirmed because 8 :55 P.M. .(D.S.T.•) HELD AUGUST 16, 19`79. Upon Application o,f Thomas and Edith Perillo, 87 Old 'Country Road, Melville, New York 1�1747 (by Carman, Callahan, Carman & Sabino, Esgs.) for a variance tb the Zoning Ordinance, Article 111, Section 100-31, Bulk, and Parking Schedule, for permission to divide property with insufficient area and width. Location of property: Great Pecon,ic Bay Boulevard;• bbunded on the north by Great Peconic Bay Boulevard; east by. Weglicki;' south by Wpglicki; west by Sidor. (.SEE REVERSE.) 2. ;VARLANCE. By'resolution of the Board it was determined that (a)' Strict application of the Ordinance (would), (would not) produce practical difficulties or unnecessary hardship because "SEE REVERSE. (b) The hardship created (is) (is not) unique and (would) (would not) be shared•by all properties alil�e in the immediate•vicinity of this property and in the same use district because SEE REVERSE. (c); The variance (does) (does not) observe the spirit of the Ordinance and (would) (R*oulci not) change the character-of the district because SEE REVERSE® ancl therefore, it was. further determined that the requested variance ( ) be granted ( ) be denied and tna# the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed, ZONING BOARD OF APPEALS FO�M ZB4 After investigation and inspection, the Board finds that the applicant wishes approval of the insufficient area and width and ' approval of access and that the property had been previously sub- divided by the Planning Board before the lots became merged due to same o-vmership of 'both. lots. The applicant wishes to enlarge the rear .lot to 15,000• square, more or less, and decrease the front lot to 36,0000 square feet, more or less. The Board finds that strict application of the ordinance would pr°duce practicaldifficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the im- Mediate vicinity of the property. and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the. ordinance.' Can nation .by Mr. Grigonis, seconded. by Mr. Douglass, it was RESOLVED, that Thomas and Edith Perillo, 87 -Ol_d Country Road,. Melville, New, York (Carman, Callahan, Carman & Sabino, Esgss as agent) be GRANTED a variance to the Zoning Ordinance Article III, . .Section 100-31 , Bulk and Parking Schedule, approving the insuffi- cient area and width as designated in the application, and approv- ing the access subject to the following CONDITIONS.- Southold room Planning Board approval for a manor* sib- division of the subject property® . Suffolk County Planning Commission approval; (3) Conformance with the Southold Town Zoning Board of Appeals" requirements for an access road.. Note of the 'Board: Ayes: Messrs. Douglass, Grigonis and Tuthill® ,ehalrMaq Board Ap is h:.".v Je*;K�'ar•Jt_.,_,•iN trtl��^:rY4,,-.M•v-':,ls..S:']T'=e¢-c�veci.. :FYi` r.,'lri,1'Si n�.}(�71•w,.'L .','?..-"+'p - .. . - ' .C:.r _ ._ - , a.... i `1^w%n� J:�4 •1;Y,"f.1'F#^:sy•_.e^v«..e.o..,-..---"....-._. .-�_._._._.�+---e-.-» ........- 05/06/2005 01:32 6317659064 ZBA PAGE 03 D i Car y d T I `► -- Z - 0 -0 1-7 D I � r' lvy l ' l°® ! I 05/06/2005 01:32 6317659064 ZBA PAGE 05 -.Sept Ire d s• P '���' '.-_..%:•'fir �aOil ba IRE ML 0 a e •�•= .r�s/_ a;.♦••:fib_ .. j'_.. .,�.-+rat•.•� �•$� •� ?tir.g•::-. It e .i - •'�; :a 9g��, _• �•.P.e.le!.-.:Vie:-...., � �r ��. • - -�: a, •e, !n • }. '/i.. •�..• to a. • :-b• � p , _ r •i'. .tom`+.' - • . •r. !LI �. •� •;•'�}• �;,..•.����.,b•+per': _` _b• s��� �'la -i e. !. 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SEPT.s,1979 l 1 995R'/ TOWN OF SOUMOLD SCALE /" e 90 SUFFOLK COUNTY,HEW PORK NQ : )9-406 it onwrwan,zco ALrtrtr,or or AopT,or to m.e GUAPtNTEEO rO fA' 8 Ploygrolrnd ••le•EY h A VIOLATION or eecrmw ftor or rl.t Pv rt..w.aTAft macA+mw LAr I M[AlCaN)i 4�G0 b6000 Iriva°vl+Ow3•piio"ftAL ow[N"lCf1ALAO iri,s"ALL a�°f w[U f� �g ghpNn an IN. i/ NO Ror N eerAltitto ro oe a wue r"ue ca►+ '�v�Ir��'+c?T+ " C. FiIR �5 rtWU SOR ran WADVI v wrt[ar eMLI AVr arm.m C" _"� Eslolsa S. Are Or I'•e Ptwe Lr to EP[NGTITLEIll YrnrAl AOQwcT ARD LENDING Inr TRZ LN L,INd ter[nr•AwI.►A►"t•ee•°r[[!or rR[L[r01MO - f ''•�• ,. ,rerirunor,9wtAgrCte Awe rot Or..VD1ITIo„AL,rOr,rurlareow eaeetoutrl +_• ° p[1rwECe G"Owr b[rcOr%row e0.[7/1 L1%cL r iocper,►r rrrueruwce ue rot A e►te,he �a N A° r�0'iiii i1Mci oriOrrrwe USc�,vi[w iciuF6 + •r lL� PECOIVIC SAY e�s YOUNG 11 YOUNG - RIVERkEAD,NERAVENUE RIVEPMEAD,wElr YORK -• rc� APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Thomas Perillo Date Prepared:_March 21, 2006 1. For Demolition of Existing Building Areas Please describe areas being removed: none II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: none Dimensions of new second floor: none Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: none Number of Floors and Changes WITH Alterations: none IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: 22,457 sf(as is), after relocation of flag to east side 22,270 _if access is not a flag but a right-of-way then lot is 26,344 subject to a Right-of-Way 4,074 sf Percentage of coverage of your lot by building area: no change V. Purpose of New Construction Requested: after relocation of right-of-way to construct a garage (within conforming setbacks) on the west side of the property without changing the character of the neighborhood or affecting everyone's views to the water. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): flat Please submit seven(7)photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: 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. Thomas Perillo and Patricia C. Moore Esq. (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.) Variance X Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: amend appeal#2582 of July 26, 1979 to relocate ri hg t-of- way/flag 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, agent or contract vendee) 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 None Submitted this day of 2,00�v Signature: Print Name: Thomas Perillo Signature.f - �'1 Print Name: Patricia C. Moore Esq. f1 March 24, 2006 Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Dear Ms. Moore: I, Thomas Perillo, residing at 87 Old Country Road, Melville,NY 11747 hereby authorize you to make any and all applications to the Department of Environmental Conservation, Southold Town Planning Board, Southold Town Zoning Board, Southold Town Trustees, Suffolk County Health Department and any other necessary agencies on behalf of me regarding the property I own at 1410 Peconic Bay Boulevard, Mattituck,NY 11952 bearing SCTM #1000-145-2-17.1 & 17.2. Very truly yours, Thomas Perillo LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 145-2-17.2 & 17.1 The Application has been submitted to (check appropriate response): ZBA Town Board Planning Dept Building Dept. _Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction,planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Amend Appeal#2582 granted July 26,1979- request relocation of access to east side of property- existing structures require a variance if access relocated. Location of action: 1410 Peconic Bay Boulevard, Mattituck NY 11952 Site acreage: 17.1 will maintain lot size of 30,056 and 17.2 will remain 22,457 if access remains a flagg- the lot size may be adjusted if access made a right-of-way (buildable acreage remains the same) Present land use: 17.2 improved with residence (garage proposed) 17.1 vacant Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: Thomas Perillo (b) Mailing address: 87 Old Country Road, Melville NY 11747 (c) Telephone number: Area Code ( 631 ) 692-8147 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes dverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. Yes No Not Applicable : The purpose of this relocation of the access is to foster a pattern of development on Peconic Bay Boulevard on this and adjacent properties. The owner wishes to construct a garage, which if built in accordance with zoning, would block his and his neighbor's waterfront view. The access to the rear lot would be relocated to the east side of the property, adjacent to another access, and keep the open space vistas which the owner and his neighbor has enjoyed. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable Properties are developed on Peconic Bay Boulevard and no archeological resources anticipated in this area. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III- Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable The purpose of this application(is to preserve the visual resources of the existing property- the neighborhood has developed along the water and water vistas have been blocked. The owner wishes to preserve the views for as long as possible. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria XYes No Not Applicable No impact on Policy 4- the relocation of the access will not result in any change to the overall size of each property. Relocation of access no impact on natural resources. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See L)VRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No X Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No X Not Applicable access approved merely relocated. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No X Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No X Not Applicable private property- however- views from Peconic Bay Boulevard would be preserved by relocating access to east side- adjacent to another access Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable y a Attach i additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LVWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No X Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LVW Section III -Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable </div> oF so�ryo ELIZABETH A.NEVILLE '`� l0 Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 va REGISTRAR OF VITAL STATISTICS G Q Southold,New York 11971 MARRIAGE OFFICER O Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �liJ' Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER COUM southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: March 28, 2006 RE: Zoning Appeal No. 5879 Transmitted herewith is Zoning Appeals No. 5879 of Thomas V. Perillo-the Application to the Southold Town Board of Appeals. Also enclosed is a letter giving authorization to Patricia C. Moore to apply on his behalf, a letter to the Zoning Board of Appeals from Patricia C. Moore describing the reason for appeal, Applicant's Project Description, Transactional Disclosure Form, Notice of Disapproval, a Survey of the existing conditions, a Survey of the proposed property relocation, a Lot Line Change Diagram from 1979, and old tax map, an old subdivision map for the adjacent property, a survey from 1979 by Young &Young, ZBA decision dated July 26, 1979, a Town of Southold Property Record Card, and an LWRP Consistency Assessment Form. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/28/06 Receipt#: 727 Transaction(s): Reference Subtotal 1 1 Application Fees 5879 $600.00 Check#: 727 Total Paid: $600.00 Name: Perlllo, Thomas V 1410 Peconic Bay Blvd. Laurel, NY 11948 Clerk ID: MICHELLE Internal ID 5879 ZBA TO TOWN CLERK CHECK TRANSMIITTAL SHEET (Filing of Application and Check for Proc g) DATE: 03/23/06 gagim ZBA# NAME CHECK# AMOUNT TC DA Perillo, Thomas V. 727 $600.00 MAR 2 g 2006 5879 (Patricia C. Moore) ou a own er TOTAL $600.00 Thank you. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Robert Kassner Betsy Perkins Legal Assistant Secretaries May 12, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold,NY 11971 Re: Thomas Perillo SCTM#1000-145-2-17.2 & 17.1 �: �; , > ` !' IJ�AY � 5 �LG Dear Chairman and Board members: ��� p OF &, FALS There was an omission in the first page of the application t erein been corrected. In addition to Article IIIA section 100-30 A(3), Article XXIV, Section 100-244 should have also been listed. The existing house requires a front yard setback from a right-of-way if the right-of-way is relocated. I inadvertently called the setback a"side yard"variance. Please replace the first sheet of the application form. My written material already contained the discussion for a variance from the right-of-way for the existing house. The existing driveway is located in the area to be made right-of-way providing a common access for the two properties (see survey). Thank you for your courtesies. Verb rfily urs, t Patricia C. Moore APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: Parcel Location: House No. 1410 Street Peconic Bay Boulevard Hamlet Mattituck SCTM 1000 Section 145 Block 2 Lot(s) 17.2 & 17.1 Lot Size (existing 17_2122,457 s.f. If flag relocated to east side of property- 22,257 If flag made as right-of-way for 17.1 - 26,344 Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 12/12/05 Applicant/Owner(s): Thomas Perillo Mailing Address: 87 Old CountrXRoad, Melville,NY 11747 Telephone: 692-8147 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road, Southold NY 11971 Telephone: 631-765-4330 fax: 631-765-4663 Please specify who you wish correspondence to be mailed to, from the above listed names: ❑ Applicant/Owner(s) ❑ Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 12/12/05 FOR: ❑ Building Permit (if access relocated then existing house requires variance) ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other:Amend location of access to 17.2 as required in Appeal No. 25827/26/797 Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article IIIA Section 100-30 Subsection A3 and Article XXIV Section 100-244 Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. Front yard variance (setback to right- of-way) ❑ 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 Amend ZBA decision No. 2582 dated July 26, 1979 A prior appeal ❑ has ❑ has not been made with respect to this property UNDER Appeal No. 2582 Year 1979. I I o m °" U � C 5 44 f, O 'S / ' o" a `P.jf.'•o is c APIO o,� ti ,, �pO/p'1 •mom s�%//'� ,92 / /// ^m�O \ r\\ '� I / 19 y' t N'n S�P6 \ 10 IPARILI \ O t^9 \ � 0 \ I a \\ QQ' ,• ti \ \ \ � � � J O,� titi ) � 0 °tor CAW f/97f4, Shod Ol k'L Nm --SCH— Hytrmf Olef—'I- --H— UNLESS DRAWN OTHERWISE, ALL PROPERTIES O� COUNTY OF SUFFOLK ' ARE WITHIN THE FOLLOWING DISTRICTS- NOTICE Rre Nahkf Llro -F—- Retain 01-311 Lim -R—- FIRESCHOOL 11 _RANTR" "'° Real Property Tax Service Agency Liner olnrncf um —-W—- gef�kmwefnn um —HST—- SCH 11 SEWER MAINTENANCE,ALTERATION,SALE OR DISTRIBUTION OF ANY PORTION OF THE "L LMf""0' 1' 1rAWce elnhl<f Llro -A—- LK:NT e6.91 LATER w County _ PAR% SUFFOLK COUNTY TAX MAP IS PROIU6ITED ,RR,� y Canter Riverhead,N Y 11901 P—- LaehMer Cllehlc}Uro BLRAN6E WA WITHOUT WRITTEN PERMISSION OF THE "R �$,� SCALE IN FEET -- Se.er�plefrlcf LVe —-5—- eW—- AM E STEWATER _ ,REAL PROPERTY_TAX SERVICE AGENCY. HO _ f0Y ,pL lin' y- .%"^a'S'?F^e`^ - ,t 1_.L ,mot,'= _ _ -.'.f.^..^,'}"z.^ - t� te wJ`, ,ly„'t DEC 12, '05 01=00PM SOUTHOLD BUILDING 631 765 9502 P.1 F ORM NO. 3 NOTICE OF DISAPPROVAL DATE:December 12,2005 TO: Moore A/C Perillo 51020 Main Road Southold,NY 11971 Please take notice that your application, dated December 12,2005 For permit for a lot line chafe at Location of property 1410 Peconic Ba Blvd Ma tituck_NY County Tax Map No, 1000- Section 145 . Block 2 Lot 17.2 & 17.1 Is return,ed herewith and disapproved on the following grounds: The proposed lot line cha ge on two coD igtiousparcels in the R-40 Disti[ict is not pe M-nitted.purMant to Article PIA, Section 00-30 A 3 Wgh ates• _`No uilding,or. nx mimes�haJl_be used and no building or part th eof aball be erected altered in the R 0 District un ess the same confor s to Bu k Schedule and Paxkin_ g and Loading Sehed�iles ineo prated into this eha ter b r erdnce with the sa a fo a effect as if such reWationgs were set f rth herein full." Accordingtot - dui . lots ' the -44 Distaic re uir i i 1 si a of 4 000 s uare ( i} feet a mini Si 1-sid and setback of 15 feet a 'nim to -sid of 35 feet 1{0110Win the ine change, tax iot 17.1 rill maintain its non onfoLrming of size of 30.056 andtax lat 17.2 will t ' its no conf 'n lot size of 22,457. owever the exis ' dw llin a tax lot 17.2 Will have a sin le !do 'ard etbacl 0l'0 feet d a total side and setback of+/- 17 Southold Town Plarming Board a royal will also be leguired for t 's r 'ect, Note to Applicant: Any change or deviation to the above referenced application,may require further.review by the Southold'rows Building Department. �:utlfonzed Signature CC; file,Z.B.A,,Planning Board TOWN OF SOUTHOLD,NEW YORE DATES ep 1979, ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2582 Dated Suly 26, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To THOMAS AND EDITH PERILLO (Carman( Callahan, Carman & Sabino,pP�,t•- 87 OLD COUNTRY, ROAD 280 Main St, Box 310 MELVILLE, NEW YORK 11747 Farmingdale, NY 11735) at a meeting of the Zoning Board of Appeals on. September 6, 1979, the appeal, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (x) Request for a variance to the Zoning Ordinance Article III, Section 100--31, Bulk & Parkin ( ) Schedule 1. (SPECIAL EXCEPTION.By resolution of the Board it was determined that a special exception ( 3 be granted ( }be denied pursuant to Article_..........._....... Section .............._.. Subsection _._. .......:._ paragraph _ .... 'of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8.55 P.K (D.S.T.•) HELD AUGUST 16, 1979. Upon Application of Thomas and Edith Perillo, 87 Old Country Road, Melville, New York 1�747 (by Carman, Callahan, Carman & Sabino, Esgs_) for a variance tb the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule, for permission to divide property with insufficient area and wsdth. Location of property: Great Peconic Bay Boulevard; bbunded on the north by Great Peconic Bay Boulevard; east by Weglicki; south by W�pgligki; west by Sidor. (SEE REVERSE.) fs 2, 'VARIANCE.By resolution of the Board it was determined that y _ W. Strict application of the Ordinance'(would) (would not) produce practical difficulties or- unnecessary hardship because 'SEE REVERSE. (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE. (c)' The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE. I RX14 therefOre, it was further determined that the requested variance ( } be granted ( j be denied and that the previous decision%of the Building Inspector( j be confirmed ( }be reversed, ' I I f ZONING BOARD OF APPEALS FO#iM ZB4 i� U After investigation and inspection, the Board finds that the applicant wishes approval of the insufficient area and width and approval of access and that the property had been previously sub- divided by the Planning Board before the lots became merged due to same ownership of both lots. The applicant wishes to enlarge the rear lot to 15,000 square, more or less, and decrease the front lot to 36,0000 square feet, more or less. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the. ordinance. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that Thomas and Edith Perillo, 87 Old Country Road, Melville, New York (Carman, Callahan, Carman & Sabino, Esqs, as agent) be GRANTED a variance to the Zoning Ordinance Article III, Section 100-31, Bulk and Parking Schedule, approving the insuffi- cient area aha width as designated in the application, and approv- ing the access subject to the following CONDITIONS: (1) Southold Town Planning Board approval for a minor sub- division of the subject property; -(2) Suffolk County Planning Commission approval; (3) Conformance with the Southold Town Zoning Board of Appeals' requirements for an access road. Vote of the 'Board: Ayes: Messrs. Douglass, Grigonis and Tuthill. - -4 APP QVED Q -- Chairman Board of APOP11 L CA i3 G TO z tiaawS11 too .�t:C.��; •r rt yy —� R 'J W 7 i . � 1 � — t8 TOE AN OF SOUTHOLD P_7OPE7TY 71CORD C*4-.D I M6k OWNER STREET VILLAGE DIST.1 SUB. LOT FORMER OWNER N E ACR. O S __rr W CODE DATE OF CONSTRUCTION .! o-oct 1 5cs 90 'l C� LAND IMP., TOTAL DATE REMARKS 7 " / 7 1;4 ' /a J 1S -L ©5 f r"l * Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total -2- ,. Latham;'Stephen&Joan 5904 Fitzgerald, James 5905 Constantino,Ralph&Carmela 5908 Mascia,'Philip 5899 Thermos,Barbara 5910 Gonzales, Joseph 5917 Albrecht, Scott&Wendy 5923 *The application as proposed is bordering on an overintensification of the use of the premises. The property can be reasonably developed in accordance with the existing zoning without seeking variances for an additional lot. **Staff notes the excavation for the footings and retaining walls associated with the proposed house. Limiting the size of the residence will help in minimizing impacts to the bluff. ***The proposed 15 ft.wide right-of-way should be designed as a flag lot to ensure the lot to the south will have legal access to Peconic Bay Blvd. Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P.O.BOX 6100 (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 f� Office Location: ®�. OG Mailing Address: Town Annex/First Floor,North Fork Bank ti g 53095 Main Road 54375 Main Road(at Youngs Avenue) • P.O. Box 1179 Southold,NY 11971 Southold,NY 11971-0959 viol � �a http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 September 11, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5879 (Perillo, T.) Action Requested: Setback Variances Within 500 feet of: ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures ' PATRICIA C• MOORE 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD (Extra Fee) Yes CERTIFIED SOUTHOLD. NY 11971 j 2. Article Number j 7192 6463 3110 0000 1284 1 A. Signature (DAddressee or❑Agent) IIIIII III II IIII II III IIIIIIIIIIIIIII II III I i X B. Received By (Please Print Clearly) 7192 641.3 3110 0000 1284 C.Date of Delivery 1. Article Addressed To: -I -0(�" D.Addressee's Address(ffO19ervWF—Add—.UsedbySended PATRICIA M C C A R T H Y •� I 58 CRESECENT PLACE ` SHORT HILLS NJ 07078 Secondary Address/Suite/Apt I Floor(Please Print CfearlyJ y ^ ---------------------------------------------------------------------------------- Delivery Address . .l-ll,t.tI.I.J.111-Lf.tx,U tllttll,tltflttl:l,lttl:l:ll1„itl,illl r City----------------------------------- State ZIP+,11,Coii;.I ^,V, + UNITED STATES POSTAL SERVICE '" w Fees Wlgid " m ® uo ,ui� wu, 4 LL RE: PERILLO ZBA HEARING PATRICIA C. MOORE 51020 MAIN ROAD 0 SOUTHOLD NY 11971 N a �- m M �III��IIt���l�ll�ltl�lll��lll��� LL m a PATRICIA C. MOORE 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD , (Extra Fee) Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number -- 7192 6463 3110 0000 1260 I& - A. SI nature ([7Addressee orOAgent) IIIIII III II IIII II III IIIIIIIIII�III III III 4 B. Received By, (Please`P47t Clearly) 7192 6463 3110- 0 0 0 0 12 6 0 t C.Date of Dellve 1. Article Addressed To: I D.Addressee's Address(1fD(flerentFomAddressUsedbyS-.0 C H R I S T 0 P H E R M C C A R T H Y I 58 CRESECENT PLACE SHORT HILLS NJ 07078 Secondary Address!Suite/Apt /Floor(Please Prinl Clearly) 1 Delivery Address { (1� City""""""...... '"-""-""--�1i 11.L�1.l.L ZI-'P+4 Code� ltillEl!l1�747i1it�111311�111�11�11111 Y1 UNITED STATES POSTAL SERVICEIwo— " _ USPS ' 16 °y�E t'`" r�s� ;: �x�t ages yy� hl a , q L O d:M Y i t R I r` r1n Ado "'�L"ry a p•RE o�'� '1y d'v°im� w 'a,��1Cctf isriw 10 co 0 LL U RE: PERILLO ZBA HEARING PATRICIA C• MOORE o 51D20 MAIN ROAD N SOUTHOLD NY 11971 a PATRICIA C• MOORE 4. Restricted Delivery? 3.Service type 51020 MAIN ROAD (Extra Fee) E]Yes CERTIFIED I SOUTHOLD NY 11971 2. Article Number 7192 6463 '3110 0000 1253 A.Slg ure (❑Addressee or A ant) IIIIII III II IIII II III IIIIIIIIIIIIIIII I III B. Rec ved B� (Pleasea Cl arty) 719 2 6463 3110 0000 1253 /V C.Date of Delivery 1. Article Addressed To: D.Addressee's Address(IfD1ff—tF—Addm-UaedbySond.j L A U R I E A. K R O M B & A N O PO BOX L 5 AILBL NY E 11948 Secondary%lddresa-�Suite/Apt !Floor%Please Pnnt Clearly) .................................................................................. Delivery Address ` r ............................................ ....... ............. .................. ............ _ State:' � � ZIP*4 Code UNITED STATECv,FQ L.0 R �wnt? «e " ru �ge & Fees P Rl� fil,A m 0 LL z RE: PERILLO ZBA HEARING PATRICIA C. MOORE 51020 MAIN ROAD 0 SOUTHOLD NY 11971 o �III��III���I�II�III�III��111��� a l PATRICIA C. MOORE;f--- 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD (Extra Fee) Yes CERTIFIED SOUTHOLD NY 11971 ` �I 2. Article Number -- 7192 6463-3110 0000 1314 I @A�Si !n1 Ve.,(.r]Addr-,see o%❑A a t) IIIIII II�II IIII I�III I�IIIIIII�IIII II I III I I B. Received By' (Please Print Clea ly) 7192 6463 3110 0000 1314 � � T i C.Date of Delivery 1. Article Addressed To: ,I � I D.Addressee's Address(HD/NemntFmmAddmssUsedbySended A N N E KR O M B i PO BOX 545 LAUREL NY 11948 Secondary Address�Suile%Apt /Floor(Please Prinf Clearly) Delivery Address , City..........'_"................ ... State.---------- ZIP+4 Code UNITEDEy 11. stage & Fee 10 4 LL 2 RE: PERILLO ZBA HEARING PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 N a m o �IIII�111���1�11�111�111��111��� m - a PATRICIA C• MOORE 4. Restricted Delivery? 3.Servlce Type j 51020 MAIN ROAD (Extra Fee) Yes CERTIFIED SOUTHOLD NY 11971 1 1. 2. Article Number 7192 L463 3110 0000 1291 S lure (❑Addr sseeor❑Agent) IIIIII IIIII IIII IIIIIIIIIIIIIIIIIIIIIIIII l ddB�r.. Received By (Pleas Print Clearly) 7192 6463 3110 0000 1291 ' I C.Date of D very 1. Article Addressed To: 1 - ) D.Addressee's Address(UDiNemnfFmmAddmss UsedbySonde0 PATRICIA M C C A R T H Y 58 CRESECENT PLACE SHORT HILLS NJ 07078 Secondary Address I Swte/Apt /Fioor(Please Print Clearly) --------------------------•-•-••-••••-•••••-••••--••••.-----•-.---.----------•---- Delivery Address ............................................ ..!i a Si-I•FS-S-i l+ ��dd !1 i f l 1'11}1! !i 1!l l 1 i(! 4 1111 f 1!!i!1 City SS5SS tiff 7 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 4 a 2 RE: PERILLO ZBA HEARING PATRICIA C- - MCORE 51020 MAIN R,OA.'D N SOUTHOLD NY '11971 N5i Df M , Df �III��III���I�II�II1�111�0111��� a PATRICIA ,C• MOORE 4. Restricted Delivery? a.service Type 51020 MAIN- ROAD (Extra Fee) Yes' CERTIFIED SOUTHLD' NY -.1`1971 C 2. Article Number 7192 6463 3110 0000 1321 { A. Sig at, B. Received y ( lease !nt Clearly)" p 7:19 2 6 4 6 3 3110 0000 1321 / i C.Date of Delivery 1. Article'Addressed To: i D� I_ ' ®.Addressee's Address(n HemnfP mAddress usedbysendeq L U C-�SN N E H O L F E y�� •LI S� E E 10 STARR LANE BETHEL CT 06801 17 i Secondary Address I Suite!Apt /Floor(Please Prtnf Clearly) -- --- ---------DW ery Address i A i ................................................... . City State ZIP+4 Cade UNITED STATES POSTAL SERVICE First-Class Mail s - Postage & Fees Paid USPS Permit No. G-10 co m 0 LL. 4 _ RE: PERILLO ZBA HEARING PATRICIA C- MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 N a m M Q U) a �c a e,a I�®alloialllel a'®�aleiaSfeBacl�Ilauaeltolfa a t�nl�l n a®+B��f 7 � _ PATRICIA C. MOORE RECEI Attorney at Law MAY 51020 Main Road 9� 9 2006 Southold,New York 11971 Tel,(516)765-4330 v U Fax::(516)765-4643 �®A4iPd� ®q}ID OF A�PP EAaLS May 18, 2006 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: THOMAS PERILLO SCTM# 1000-145-2-17 .2 AND 17 . 1 Hearing Date: MAY 25, 2006 Dear Chairman: Enclosed please find green certified mail receipt cards received as of date . Thank you. Very truly yours, PATRICIA C. MOORE By Betsy Perkins, LA cb by Encls . M PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel (516)765-4330 Fax (516)765-4643 May 23, 2006 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: THOMAS PERILLO SCTM# 1000-145-2-17 .2 AND 17 .1 Hearing Date: MAY 25, 2006 Dear Chairman: Enclosed please find Affidavit of Sign Posting. Thank you. VeWBet .Perkins, urs, r f'PAC. 00RE !; By LA by Encls . i� ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK --------"-----------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN THOMAS PERILLO POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-145-2-17.2 & 17.1 --------==-----------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terrys Lane, Southold, New York, being duly sworn, depose and say that: On the/S day of May, 2006, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 THURSDAY, MAY 25, 2006 at 11:00 A.M. PATRICIA C. MOORE Sworn to before me this y of May, 200 Notary'`P bl' BVW A PIMINB *011my Public,State o4 New Yolk No.01PE 6130WS Ouahfied In 80olk County Ccmrn=W Expires July 18,_ *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel.(516)765-4330 Fax-(516)765-4643 May 12, 2006 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: THOMAS PERILLO SCTM# 1000-145-2-17 .2 AND 17 .1 Hearing Date: MAY 25, 2006 Dear Chairman: Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter together with copy of neighbor letter. Thank you. /Very ;yrkins, your , M E LA by Encls . 11 r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK „ ---------------------------------------------------------x In the,;Matter of the Application of AFFIDAVIT Thomas Perillo OF (Name of Applicant) MAILINGS CTM Parcel #1000-145-2-17.2 & 17.1 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) ;I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that:On the0�day of May, 2006, 1 personally mailed at the United States Post Office in Southold, 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 , 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. BETSY E NS (Signature) Sworn to before me thi� da 2006 (Notary PVkN6 C.MOORE Notary Public,State of New York Suffolk County-No.4861 Cam$ Commission Expires June 16,G� PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. THOMAS PERILLO SCTM: 1000-145-2-17.2 & 17.1 NEIGHBOR LIST LAURIE A. KROMB &ANO. RE: PERILLO %�',A HEARING PO BOX 545 LAUREL NY 11948 ( 7192 6463 3110 0000 1253 SCTM: 1000-145-2-12 — --- ---� CHRISTOPHER MCCARTHY I"� 58 CRESECENT PLACE I RE: PERILLO ZBA HEAPJiNG SHORTHILLS NJ 07078 i� 7192 6463 3110 000o ry126o f SCTM: 1000-145-2-14 PATRICIA MCCARTHY a 58 CRESECENT PLACE RE: PERILLO ZBA HEARING SHORT HILLS NJ 07078 I' SCTM: 1000-145-2-15 7192 6463 3110 0000 1291 ` PATRICIA MCCARTHY ° 58 CRESECENT PLACE ;f RE: PERILLO ZBA HEARING ;r SHORT HILLS NJ 07078 it "i SCTM: 1000-145-2-16 7192 6463 3110 0000 1284 LAURELWOOD ESTATES PROPERTY n OWNERS ASSOCIATION RE: PERILLO ZBA f ZARING i PO BOX 505 LAUREL NY 11948 7192 6463 3110 0000 1307 SCTM: 1000-145-2-18 ANNE KROMB ° ° � — -------- —— —1 PO BOX 545 II Rgr,: PERILL 0 ZBA HEARING LAUREL NY 11948 7192 6463 3110 0000 1314 SCTM: 1000-145-2-19 ---- _ J LUCIENNE HOLFELDER TRUSTEE 10 STARR LANE E BETHEL CT 06801 I RE: PERILLO ZB ,ti'HEARING SCTM: 1000-129-1-7 7192 6463 3110 0000 1321 RECEIPT 1 I 1 7192 6463 3110 0000 1253 RECEIPT } RECEIPT JI 7192 6463 3110 0000 1260 RECEIPT FROM: i 7192 6463 3110 0000 1291 Patricia C Moore FROM. 7192 6463 3110 0000 1284 FROM: i RE PERILLO ZBA HEARING Patricia C Moore FROM: RE PERILLO ZBA H Patricia C Moore EP�RING Patricia C Moore RE PERILLO ZBA HEARING RE PERILLO ZBA HEARING SENDrTO: SE 971 I LAURE KRO ANO S TO. I r 09'0 C ISTOPI�PLAC CCA ICIA �GART SEW �71 f+ AsURELttLy 119 8 RESEC :I A ICIA AR Y I i3 T HILLI 070 CRESEQT PLA �S ORT HILQINJ 0707 m CRESE T PLA�EN d N ®. cf) t �S ORT HIS NJ 0707§� E EEtS: �n® J Co Postage 0 39 FEES: 0 39 FEES:, (� Cefti ied Feel* 40 postage 240 I `�E 0 39 F Postag j Resin 185 Certuirnfie Fee 185 Certfied a 40 PSrt'l � ,� / 039 Restn e�®� Return Receipt Return Receipt 1 85 Certifiedti6 ➢t^o�f 2 40 4 TOTAL $4.64 Restricted Restricted Return�f eceipp 185 TOTAL $4.64 Restricted POSTMARK OR DATE I TOTAL $4.64 TOTAL I 1 POSTMARK OR DATE i $4 64 l i POSTMARK OR DATE POSTMARK OR DATE I I f{ I RECEIPT 7192 6463 3110 0000 1307 1 RECEIPT l+l FROM: 7192 6463 3110 0000 1314 RECEIPT �I 7192 6463 3110 0000 1321 I Patricia C Moore FROM: FROM. RE PERILLO ZBA HEARING I Patricia C Moore PatriciaC Moore } RE PERILLO ` ZBA RE PERILLO ZBA HEARING HEARING SEND Opp /DES O O SAS$OCIATI SENDyy%�o0Z SEND_ EL NY 1 8 P TO. I X 505 ANI�E OMB LUCI-� X 545 10�cr LPANE ER TRUS ® � CID � '4EL NY 11941 06 FE ® 1 P �qv 0,9 r FEES®�® F 8� y Rertif le Re�iP't� 1 65 I Pos tag evo6 2 40 �t�age 1 Restricted Ceifieturn F`e j ad Fee 2 0 30 I Return Receipt 1 85 P 2.40 TOTAL $4 64 �'�_ � Restricted Re tery_Ce1® 85 1 POSTMARK OR DATE TOTAL $4.64 TOTAL °K f� I $4.64 iPOSTMARK OR DATE POSTMARK O ` R DATE I � l t i_ — PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 May 12, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE : THOMAS PERILLO PROPERTY ADDRESS : 140 PECONIC BAY BOULEVARD, MATTITUCK CTM: 145-2-17 . 2 & 17 . 1 Dear Neighbor: I represent Thomas Perillo with regard to his property located at 140 Peconic Bay Boulevard, Mattituck New York. He has made application to relocate the access of a right- of-way from the west side to the east side of tax lot 17 . 2, resulting in the proposed change of lot line and new nonconforming front yard setback from the existing dwelling to the easterly front yard line at less than 40 ' on this parcel . After the lot line change and excluding the proposed land exchange of the 15 foot wide right-of-way, the nonconforming size of tax 17 . 2 will remain at 22, 457 square feet, and the nonconforming size tax lot 17 . 1 will remain the same, except that the ownership of the 15 foot wide right-of-way will change when relocated with 17 . 1 (instead of part of 17 . 2) A copy of the Legal Notice is enclosed which outlines the project together with a copy of a portion of the revised plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office . The hearing on this matter has been scheduled for THURSDAY, MAY 25, 2006 AT 11 : 00 a.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me . Thank you. Ver yours, ricia C. Moore PCM/bp encls . LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 25,2006 PUBLIC HEARING 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 ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MAY 25,2006: 11:00 A.M. THOMAS PERILLO #5879. Requests for Amended Variance (referring to ZBA Decision #2582 dated 9/6/1979) and Variance under Sections 100-30A.3 and 100-244 (Bulk Schedule), based on the Building Inspector's December 12, 2005 Notice of Disapproval. Applicant proposes to re-locate the access right-of-way from the west side to the east side of Lot 17.2, resulting in the proposed change of lot line and new nonconforming front yard setback from the existing dwelling to the easterly front yard line at less than 40 feet on this 22,457 sq.ft. parcel. After the lot line change and excluding the proposed land exchange of the 15 ft. wide right-of-way, the nonconforming size of CTM Lot 17.2 will remain at 22,457 square feet, and nonconforming size CTM 17.1 will remain the same, except that the ownership of the 15 ft. wide right-of-way will change when relocated with 17.1 (instead of part of 17.2). Location of Property: 1410 Peconic Bay Boulevard, Mattituck; CTM 145-2-17.2 and 17.1. 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 contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: May 9,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski BUILDER'S JOB NO TITLE NO. G O�F` J r 0�0 J PLO 0 C. ° 0 9'5 o u• as \ O��I Mtiho 4 o• L Q \ .a(RE�' tt `+City S 1 1 q E 2- g0 1A° N � P'ZP \\ O Z g0 \ lz �QoGm Ct PPR��k SE 9 SUO� 16 yq4 �� a 'i \ 6^ \ a f 9a S� 6y56 51`O8 \ 5 \ THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY NO OFFICIAL OF THIS STATE, OR OF ANY CITY, COUNTY, TOWN OR VILLAGE THEREIN, CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES OR REGULATIONS SHALL ACCEPT OR APPROVE ANY PLANS OR SPECIFICATIONS THAT ARE NOT STAMPED CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS SUFFOLK COUNTY TAX MAP DIST:1000 SECT•145 SLK:03 LOT-17.2 MAP NO. DATE: BUR TON ON ,/�r�ni 1,1/ LOT(S) BLOCK E E HRE N DT � MAP OF DESCRIBED PROPERTY EMIT,-- s ✓`'��J {:;� if�; LOCATION: LAUREL ENGINEERS ;'�}'i,„ TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK ARCHITECTS SURVEYORS P { SURVEYED: J U N E 5, 1997 REV-PROP GARAGE 7/3/97 REV.LOCATE DRIVE 6/29/01 CERTIFIED TO: THOMAS PERILLO UPDATE SURVEY 12/27/05 244 EAST MAIN ST. REV REV PL 2/16/06 PATCHOGUE, NY 11772 (516) 475-0349 SCALE: 1 = 40' FILE NO: 97-228 FAX 475-0361 N 'wTIi. E uF HEARINk , "he following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: FAME : PERILLO , T. #5879 14AP # mN 145=2= 17 . 1 and 17 .2 APPEAL : Setbacks Access Re-location r-,EQUESTN Undersized Lot(s) DATE : THURSDAY, MAY 255 11 : 00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ONING BOARD -TOWN OF SOUTHOLD 765= 1 809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hgp://southtown.northfork.net May 3, 2006 Re: Town Code Chapter 58 — Public Notices for Thursday, May 25, 2006 Hearings 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 Times Review newspaper. 1) Before May 13th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or 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. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND not later than May 18th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. 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. 2) Not Later Than May 18th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and posted till the hearing is held. 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. Please deliver your Affidavit of Posting during the meeting, or mail it to us so that it is received prior to the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. ToWn of -iruthold I Name . Q Tax rMa'.. `O File No.,'. JF� E2Baeber . James Dinizio ❑�OtheLr",, Search: °irme: $48:41 PM File.Number: Tax-.Map: 145217.2 y "; 3, 'App.' Name: Perillo Thomas Received Date: f 27/20-Tot. Fees: 600,00 ir Hamlet Mattituck Type ,Residential . Zorie R-40 Date;forwarded to Towni Clerk /27/2006 ,4 Status New ,Action I Meeting Dates .. , .eBuilding Dept: M etin' Dates 11 ND Date 12 2005 .Location 1410 Peconic Bay Boulevard g /�; Short Lot line change (100-30A.3); 17.2 will maintain Hearing Date,, ND'Date ¢,' 22,456 sf and 17.1 will main 30,056 sf; Exist. Dwell Fiearing.D ate ND Date Copy C will have single side yard setback of 0' and ttl of 17' Hearing Date A. ND Dated. ` i` { ff --__ . �:V 6 Hearirig'DateI'ND'Date,. P-/10 ek-t LJ/ pp�}7(. v 6 Notes' Hearing.Date_ _ J 'ND Action Dia:eg: =. -- �,ND.�Qate` `�,_�._-__��.,. _• 4/20/2006 9:01 AM CAP NUMB. 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