HomeMy WebLinkAbout5279/ ti
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APPEALS BOARD MEMBERS ��SUFFO��-CO
�O p Southold Town Hall
Lydia A.Tortora, Chairwoman c y 53095 Main Road
Gerard P. Goehringer co = P.O. Box 1179
George Horning .F Southold,New York 11971-0959
Ruth D. Oliva y�fJ O� ZBA Fax(631)765-9064
Vincent Orlando �a Telephone(631) 765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS RECEIVED
TOWN OF SOUT14OLD
FINDINGS, DELIBERATIONS AND DETERMINATION Sv ?
MEETING OF APRIL 3, 2003 MAY 3 ,�
Appl. No. 5279 - Theodore Martz, Contract Vendee (Owner: Veronica Delfino)
Property Location: 55 Seventh Street, Laurel; Parcel 1000-126-1-18. Southold Town CEeret
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II
category of the State's List of Actions, without an adverse_effect on the environment if
the project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's 7,500-sq. ft. parcel is vacant and
has a frontage of 50 feet along the west side of Bray Avenue and 150 feet along the
south side of Seventh Street. The property is also shown as Lot 28 on the Map of
George Tuthill, Section One.
BASIS OF APPLICATION: Building Department's October 18, 2002 Notice of
Disapproval, citing Section 100-244B, in its denial of a building permit to construct a new
dwelling for the reason that the lot coverage for building area will exceed the code's 20%
of the lot area.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on March 20,
2003, 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: Applicant wishes to construct a new dwelling
with attached garage as shown on the September 16, 2002 survey,map prepared by
Kenneth M. Woychuk, L.S. Also proposed as sketched on a copy of the survey map by
the applicant are a front stoop and rear stoop, each less than 5' x 6' in size.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Grant of alternative relief as set forth below will not produce an undesirable change in
the character of the neighborhood or a detriment to nearby properties. The code
requirement is 35 feet for each the front and rear yard for a total of 70 (combined), and
the lot has a frontage of only 50 feet along the town street (Bray Avenue).
Page 2—April 3, 2003
Appl. No. 5279—Theodore Martz/Veronica Delfino
1216-1-18 at Mattituck
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area variance.
3. The relief requested is substantial. The grant of alternative relief is similar in size,
style and location of residences existing in the area.
4. The difficulty is not self-created.
5. No evidence has been submitted to suggest that the grant of alternative relief for a
proposed dwelling with attached garage will have an adverse impact on physical or
environmental conditions in the neighborhood. The new construction and final grading
will be designed to provide for containment of any storm water runoff on site.
1
6. Grant of alternative relief is the minimum action necessary and adequate to enable
the applicant to enjoy the benefit of a new dwelling with attached garage, 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 267-13, motion was offered by Chairwoman
Tortora, seconded by Member Orlando, and duly carried, to
DENY the relief requested for 21.3% lot coverage, and GRANT Alternative Relief
allowing a total lot coverage of 20.8%, and with the followinq CONDITIONS:
a) Setbacks for the 40' x 25' dwelling shall not be closer than 12.5 feet from the
front (north) property line and 12.5 feet from the rear (south) property line;
b) Setbacks for the 24' x 23' attached garage shall not be closer than 14.5 feet
from the front property line and 12.5 feet from the rear (south) property line,
and at a maximum height of 28 feet to the top of the ridge;
c) The height of the dwelling and garage shall not exceed 28 ft. to the top of the
ridge.
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
Page 3—April 3, 2003
Appl. No. 5279—Theodore Martz/Veronica Delfino
1216-1-18 at Mattituck
features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and
Orlando. (Absent was Member Horning of Fishers Island.) This Resolution was duly
adopted (4-0). �6" � �A����
Lydia A. To ra, Chairwoman—Approved for Filing
5 0
OFFICE OF
ZONING BOARD OF APPEALS
53095 Main Road
Southold, NY 11971
Email addresses: Linda.Kowalski(a,Town.Southold.ny.us or
Paula.Quintierina,Town.Southold.ny.us
Jessica.BoLrer(a-Town.Southold.ny.us
http://southoldtown.northfork.net j
(631) 765-1809 fax(631) 765-1823 (alt. 9064)
� ' r—Of/3_1 COVER SHEET FOR TRANSMITTAL
ATTN: DATE: 64-/ IJ /2003
REF:
MESSAGE: — JCL P P d-" a7
Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4.
Thank you.
Pages to follow: 0�. ��
ANSMISSION VERIFICATION REPORT
TIME 05/13/2003 12: 05
DATE,TIME 05/13 12:03
FAX NO. /NAME 8788951
DURATION 00:02:19
PAGE(S) 04
RESULT OK
MODE STANDARD
1
/ DWELLING,..
S.C.T.M• NO. DISTRICT: 1000 SECT!PW126 BLOCK:. I LOT(S): IS W)IPf`IC WATER. k a .�
\_
ELEV. 32.0 I \
BROWN \
"DY LOAM 1
BROW \�
X"'EY IMC 3.0' VACANT. I DWELLINGPALE \ %/
BROWN I LF' W/WELL WELL l ('
FINE 100
TO \MEDIUM
SAND
/ I DWELLING
CL 25.14 W/WELL
SEVENTH , (25') STREET
/ NO WATER 17' CL 30.1 C6-29- 1 DIRT ROAD CL 28.2 ` CL 27.2 125..9
RH�D WI
09-06-02 ` R,:S 111 w
6Y: McDONALD GEosCIENCE EL 30.3 N6 9�13'10"E o 1 0.0 0' EL 2 —
�EL 30. . Ln � CL 25.4.2
C EL(32 0) EL(32.D) EL 29.6 Z
I LOT 27 C EL 31.9g P❑❑ 'o o�
p •� S. 4.0 IQ
40.0 0
I M/N / CJi I- DWELLING
DWELLING EX 46.0' GARAGE PROPOSED o J o W/WELL
1 W/PUBLIC WATER GF(32.5) 2 STY. FRM Ui 0.0' �-
100 p DWELLING cv TCE
.� wto LOT 28 19'N W/CELLAREL 3 ' FFL(34.5) /PRO SED R SER W
LV2.0 a
N�NZS p EL(32.0) 4' W�E F-E�k- 'N 1� 'F-
n2
Z EL 32.2 (TO BE REMOVEp j N Q
\ EL 29. EL 28,8 O =
0--CL 25.51
\ S69013'10"W .00' �¢ •
1. .FLoT'- 29 DWELLING N DWELLING
W/PUBxIC WATER I W W/WELL
AREA: 7r50�SQ.FT. OR .0.17 ACRES ELEVA77ON DATUM: _ ASSUMED -- __ 01
.
UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.' COPIES OF THIS SURVEY I c
MAP NOT BEARING TH£LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN,
ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND DN HIS BEHALF TO THE 771LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU7101V W
LISTED HEREON, AND TO THE ASSIGNEES OF 774E LENDING INS77TURON, GUARANTEES ARE NOT TRANSFERABLE. �-
THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE.THEY ARE / DWELLING 3
NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCER ADD1770MAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS'
AND/OR SUBSURFACE S7RUffURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY END£NT ON THE PREMISES AT THE 17ME OF SURVEY W�WELL z
IN FRONT YARD
SURVEY OF: LOT 28 CERTIFIED To: THEODORE MARTZ; 50 w
MAP OF: GEORGE T. TUTHILL SEC.1
FILED: JAN. 15, 1929
DWELLING
SITUATED AT: MATTITUCK W/PUBLIC WATER
TOWN OF:SOUTHOLD KENNETH M. WOYCHUK L.S. 50'
SUFFOLK COUNTY, NEW YORK f Land Surveying and Design THE WA7ER SUPPLY, WELLS AND CESSPOOL
P.O. Box 3, Mattituck, New York, 11052 LOCARONS SHOWN ARE FROM FIELD OBSERVA77ONS
PHONE (e31) 299-15e9 Feu (631) 299-1598 AND OR DATA OBTAINED FROM OTHERS.
FILE 22-138 SCALE: 1"=20' DATE:SEPT. 16, 2002 N. Y. S.UC No.50227 ,oelntaining the record. of Robert J. Henneeq
i ,
• FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
DATE: October 18, 2002
TO: Carl Delfino
55 Seventh Street
Laurel,NY 11948
Please take notice that your application dated October 15, 2002
For'-permit to construct a new single family dwelling at
Location of property: 55 Seventh Street, Laurel,NY
County Tax Map No. 1000 - Section 126 Block 1 Lot 18
Is returned herewith and disapproved on the following grounds:
The proposed construction, on lot+/- 7,500 square feet, is not permitted pursuant to Article XXIV
Section 100-244B, which states that parcels, measuring less than 20,000 square feet in size, require a
front yard setback of 35 feet and a maximum lot coverage of 20 percent. Plans note a proposed front
and setback of+/- 12.5 feet and a maximum lot coverage -TT-21 erW— c��_,
4ut
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
Cc: ZBA, File
.0 Cr
TOWN OF SOUTHOLD BUILDINCA APPLICATION CHECKLIST
BUILDING DEPARTMENT ,, ` ; DW.Wve or need the following,before applying?
TOWN HALL Board of Health
SOUTHOLD,NY 11971 3 sets of Building Plans
TEL: (631) 765-1802 Planning Board approval
FAX: (631) 765-9502 Survey
www. northfork.net/Southold/ PERMIT NO. r . Check
Septic Form
N.Y.S.D.E.C.
Trustees
Examined o 20� n r PIS --j Contact
n : INC.
Approved ,20 r�"I�'-I' HERINE MESIANO,
ins° L POND LANE
Disapproved a/c �. �i�! �+-� � 12 MILL L
. 0 OCT 16 ,2002 ;ii � 22
Expiration ,20
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date l 1 ,5 ,20P2`
INSTRUCTIONS
a.This application MUST be completely filled in by typewriter,or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not:b. e 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.
r
(Signature of applicant or name,if a corporation)
(Mailing address of applicant)/ /f�la
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder
Name of owner of premises V "o in 1 r, —D e1 4,^6
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer) DEC
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
(5J
1. Location of land on which roposed work will be done:
House Number Street Hamlet
County Tax Map No. 1000 Section lab Lot l
Subdivision Filed Map No. Lot
(Name)
2. State existinguse and occu ancremises and inten0ed•use'and occupancy of proposed construction.
p y P p
a. Existing use and occupancy VI C
b. Intended use and occupancy. $ F2
3. Nature of work(check which applicable): New Building X 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; nurhber of.cars : . 2
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 oZ S Rear a 5 Depth
Height Number of Stories
9. Size of lot: Front y Rear '5 0 Depth /$4
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated R - $4D
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 OF
being duly sworn, deposes and says that(s)he is the applicant
(N e of individual si2=g 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 thi
day of 20 a,
N �Public Signature of App icant
JOYCE M.WILKINS
Notary Public,State of New York
No.4952246,Suffolk County
Term Expires June 12, P,p 03
APPEALS BOARD MEMBERS ��SOffOB���
Southold Town Hall
Lydia A. Tortora, Chairwoman c :c 53095 Main Road
P.O. Box 1179
Gerard P. Goehringer CA Z
George Homing,....... O Southold,New York 11971-0959
g g,.....: . . • . .
Ruth D. Oliva '�A O� .ZBA Fax(631)765-9064
Vincent Orlando �a Telephone (631) 765-1809
http://southoIdtown.northfork.net
BOARD OF-APPEALS
TOWN OF SOUTHOLD
May 14, 2003
Catherine Mesiano
12 Mill Pond Lane
East Moriches, NY 11940
Re: Appl. No.5279 — Martz
Dear Cathy:
Enclosed please find a copy of the Board's determination regarding the
above-noted application.
Please be sure to follow-up with the Building Department for the next step
in the zoning review and application process. Before commencing construction
activities, a building permit and possibly other agency approvals are necessary.
An extra copy of this determination should be made available (if requested) at the
Building Department when submitting final drawings and any other required
documentation. This will assist their office during final reviews.
Thank you.
Very truly yours,
Linda Kowalski
Enclosure
Extra Copy delivered to:
Building Department
6
- Theodore C. Martz, Jr.
i o° Building Contractor
145 Ryerson Avenue
Manorville, NY 11949
(631) 878-8443
December 2, 2002
via: Fax Message to:
(631)-878-8951
Cathy Mesiano
RE: Southold Town ZBA Application- DelFino
I made the appropriate number of copies and submiited the
package to the ZBA this morning.
They advised me that the fee is incorrect, it should be $550.00
instead of $600.00 ( they will refund the difference). They also
advised we will need a sifigle and separate search and I have ordered
same today.
For the hearing they will need the calculation as to how the
lot coverage was determined which is as follows:
Total lotearea is 7,500 sq. ft.
House 401x25' = 1,000 sq. ft.
Garage 241x25' = 600 sq. ft.
Total sq. ft. 1,600 sq. ft.
1,600 sq. ft. divided by 7,500 sq. ft. = 21.3•/6 coverage.
Thanks,
�f
B �
Theodore C. Martz, Jr.
® on ® Building Contractor
145 Ryerson Avenue
Manorville,_NY-11949
- (,6311 8,TB'8443
February 20, 2003
EEB'2! I
Town of Southold
Board of Zoning Appeals
53095 Main Road };
Southold, New York .11971
RE: Martz# 5279
To the most practical extent I am enclosing the additional information that you have
requested on February 11th ( see attached).
Please note the attached request to the surveyor to indicate the protrusion of the stoop
and steps and please further note that I have attached a map showing those protrusions
and the dimensions thereof including the distance to the property lines .
The plans as attached are a modification of a previously built home in Mattituck that my
customer, the eventual purchaser of the land and home has chosen with the
modifications indicated, which is basically the addition of an attached two car garage at
the right elevation. The one item not indicated is that the plan will be built reversed so
as to provide the bedroom area at the left elevation, thereby allowing access from the
garage to the kitchen area. My customer is reluctant to proceed with further work on a
formal set of building plans from the architect until such time as the Board has rendered
a decision with regard to the variances requested.
Please contact me or Cathy Mesiano should further information be required or if any
questions should need to be addressed.
Sincerely
Theodore C. Ma J .
Cc: Cathy Mesiano
( enclosures)
' QZ/li/t0ns 11;41 bzUItDOyJb4 CUNINaAPPEALSBOARD PAGE 01
OFFICE OF
BOARD OF APPEALS
Southold Town Hall
53090 Main Road
Southold;NY 11971
76.5-1809 tel. w 76 5-9d64 ZBA fax.
A#kxwwwfrr«vereiMth+tkHs+��intww�r�r�eaw , ,n4/4�e*+t rr
F'?Xe6i F •76--9 443 REPLY FORM
Dated:
iro:
( our application Is incomplete for the reasons noted below.
(, ) It is requested that Elie following be forwarded as soon as possible (within about 7 days, if
feasible), The advertising deadline is 22 days before the meeting date and the information is
necessary for review and advertising purposes.
f, please send the origins I � mail. Thank you.
( ► The appeal was not flied within 60 days of the decision of the Building Inspector.
( ) Missing information•please see missing information chocked below.
Please submit all the documentationjogether with Information noted below. If you have
any questions, please call us at 765.1869. thank you.
Information rag-aid stud:
( } Notice of Disapproval issued by the Building Inspector,after his/her review of this
particular project map.
( ) Check payable to the Town of Southold totaling S
( ) Signature and notary public Information are needed.
( ) An original and six prints of the map were not Included. (Preparees,name and date
of preparation to be shown.)
{ ) Setbacks must be shown for the,subject building to all property Ilnes,with preparees
name.
OR(C,4�jAC r
( Six(6)sets of a showing the doors, number of storlos, And average height
(front natural grade). �P4Pr N s N4oz,-( )�j el a vea),PAI S Aa,a Poo, ,&ec1
( } Ownbrship Searoh back to April 23, 1957 for the subject parcel and.all.a*Olning
parcels, oertifled by a No Insuranee company,and Insuring tho Town for 625,000.
( ) Coph a of all current deeds and tax bills of the parcels back to�.
(.J"09W. Q Q t G- A)A• L t-
,f.ep.s ON A 34WS 0 AL DTher c.rr 4r"LAaO
b 'yO-AOL 451 y e � oc�'pRanT� o lose,b,
ro% 4at>'�q�, aSSuRin? A16 07-A4,r C,<&,'�'G5 A-lee,
C.Propor�d) .
h2/11/20bJ 11:41 bdl fbbyab4 ZUN1NGAPPEALSSUARD PAGE 02
r
SOUTHOLD TOWN BOARD OF APM&m
Phone:631-76S-1W Fax:631-765-1823(or alt.Pax 9M)
INSTRUCTIONS FOR VARIANCF.A,PPLICATYONS
Please submit seven(7)collated sets of the following,by mail or bond delivery.
1. NOTICE OF DISAPPROVAL from the Building Inspector did witoin the
last 60 days,together with copies of permit application file. Zfyoar profect is
amended whkh aangas site variance reitef area,it will be necessary for you
to obtain a new or amended disapproval based on the new or amended plan.
(Building Aepartment 7654802).
2. AM]CAT QN typed or neatly written,signed by the property owner and
notarized,with information completed on the attached form.
a. If applicant is not an owner,please furnish written consent for you
to sign and submit this application.
b. Please be prepared to address the standards of Town Law applicable
to your type of application. (Attached are"area variant a standards"or
-use variance standards for reference.)
3. If your project is other than a setback or lot line variance,please complete
the attached short ENVIRONMENTAL ASSESSMENT
Z.B.A.QUESTIONNAIRE.to be epnlled d and sigoa
Sketch of BUILDING OR FLOOR PLAN with height.of new structure,
location of entrance doors,etc.(new construction projects).
6. Original SURVEY showing all setbacks of existing and proposed structures,
patios,driveways,wetland areas,stare footage and dimensions of lot,
dimensions of new construction,fences,tanks,overhangs,cUmseys,etc. (If
your project involves total lot coverage at more than 20°/m of the area of the
lot,please provide lot An and sire of all building areas.)
7. For NEW consftcdans,nlease n AG outside corners for oft-site inspections
as early as possible. ("Photographs of flagged construction areas to be
submitted for the hearing-or before if possible.) If wetlands are nearby,
please give distance between new proposed construction and nearest'wetland
gran.
& Vilina fee CH.F,.,W(non-refundable)payable to"SOUTHOLD TOWN
CLERK" (List of fees is enclosed. Requests for refunds may be made prior
to the advertised date.)
After the Board has reviewed the application and caleatdared your application for a public hearing,
we will confirm the date,place and time of the hearing,and provide a letter for your use regarding
.notice steps to surrounding owners.
Ple asc.note: Further changes,after submitting the above Information,must be placed In writing to
the Board of Appeals clarifying the changes. Changes may also require a new Notice of Disapproval
to address the changes. if you are not sure,please contact the Appeals Office staff at 765-1809,or
please check directly with Building Department(765-1802). Thank you.
ZBA!2RIG1NAL fortes roust be included with a cover letter indicating the name,telephone
number, and address of the contact person for our department correspondence and follow-
up):
To Applicants: Service of a copy of this appeal application upon the Building Department is
necessary under New York Town Law. Please Include a statement with your cover letter indicating
when a copy of the appeal application was mailed or delivered to the Building Department. Thank
YOU.
Effective: Seirtettif►er'ti+sll
THEODORE C. MA►RTZ JR.
BUILDING CONTRACTOR
145 RYERSON AVENUE
MANORVII.LE,NEW YORK 11949
TMIFAX-(631)-87"443
CELLULAR-(516)-343-7143
PAGER-(631)-373-6171
DATE: February 19, 2003
Via: FAX MESSAGE TO:
(631)-298-1588
Kenneth M. Woychuk, L.S.
ATT.- Ken
RE: Your survey 22-138 ( attached )
SCTM# 1000-126-01-18
55 7th St., Laurel, NY
NO. OF PAGES: (2)
The Town of Southold Zoning Board has requested that the
survey as described above be ammended to indicate the protrusion
of any stoops and steps.
Please ammend as shown:
Front stoop to be concrete 51x4' overall including
(1) step.
Rear steps to be CCA 51x2' overall.
Please send ammended copies as soon as possible.
Thanks,
Ted
i
VACANT \ ,
DWELLING
�P W/WELL WELL
100' o
U.P. . -,, SEVENTH (25') STREET CL 25.14
CL 30,1 C6-29.0 15' DIRT ROAD CL 28.2 , -CL 27.2 CL 25.9
O�fI?H
EL 30.3 N69013'10"E o �- 1 0.00' o
UA EL 26.6 W M �
� O 3
Lr) �"'' Z
EL 30.8 . ' N �' U F );CL 25.42
LOT 27 O EL 31.9 �PQDL EL(32.0) a 4 EL(321) EL 29.6 CD
S.T.
IN � MIN 24.0' 40.0' � � no
WATER EX 46.0 GARAGE I PROPOSED p �~
GF(32.5) 2 STY. FRM , I
C DWELLING ui 40.0 tj
.LOT 28 Y 19'N I CN
pp' ZN EL 32.0 W/CELLAR
FFL(34.5) PROPOSED WATER SERVICE
ELV2.0) 01 a
�N 5 EL 3 EL(32.0) (To BE
FENCE 7. ,N in Q
7-1
2 2 + BE REMOVED
4 EL 29..9 ^ EL 28.8 Q90-
10.00'
569013'1D"yV N CL 25.
I x LOT 29 DWELLING I I N
ASSUMED W/PUB11C WATER
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,O•-W
S E G O N D F L O O R P L A N
® � Theodore C. Martz, Jr.'�
® Poo ® Building Contractor
145 Ryerson Avenue
Manorville, NY 11949
(631) 878-8443
JAN - 2
December 30, 2002 AP PE
Town of Southold
Board of Zoning Appeals
Southold Town Hall
Main Road
Southold, New York 11971
RE: ZBA Application filed on December 2, 2002
SCTM# 1000-126-1-18
55 7th St., Mattituck, NY
A variance search covering the above premises is attached.
Sincerely
Theodore C. tz Jr.
cc: Catherine Mesiano, Inc.
CATHERINE MESIANO, INC.
12 MILL POND LANE
EAST MORICHES, NY 11940 ,
631-878-8951
November 26, 2002 L
�y
Zoning Board of Appeals
Gerard P.Goehringer, Chairman
Town of Southold
P.O. Box 1179
Southold, NY 11971
RE: Therdore Martz
55 Seventh Street, Mattituck
SCTM # 1000-126-1-18
Dear Mr. Goehringer:
I am the agent for the above referenced applicant. Mr. Martz is seeking relief
from Article XXIV Section 100-44B of the Zoning Code. Because the subject site
is a 50' corner lot, no building envelope exists if all required setbacks are
maintained.
Enclosed please find the original and six copies of the following:
1. Notice of Disapproval dated October 18, 2002
2. Application.
3. Owner's consent.
4. Z.B.A. Questionnaire.
5. Short EAF.
6. Transactional Disclosure Form.
Also enclosed is Mr. Martz's check# 4106 in the amount of$600.00 for the
application fee and seven original surveys.
We respectfully request that this matter be scheduled for the earliest available
hearing date. Should you require any additional information, please do not
hesitate to contact me.
Very truly yours,
d� -
Catherine Mesiano, President
Enclosures
® Theodora C. Martz, jr.
E o° 1 I Building Contractor
145 Ryerson Avenue
Manorville, NY 11949
(631) 878-8443
December 2, 2002
via: Fax;Message to:
(631)-878-8951
Cathy Mesiano
RE: Southold Town ZBA Application- DelFino
I made the appropriate number of copies and submiited the
package to the ZBA this morning.
They advised me that the fee is incorrect, it should be $550.00
instead of $600.00 ( they will refund the difference) . They also
advised we will need a siAgle and separate search and I have ordered
same today.
For the hearing they will need the calculation as to how the
lot coverage was determined which is as follows:
Total lote:area is 7,500 sq. ft.
House 401x25' = 1,000 sq. ft.
Garage 241x25' = 600 sq. ft.
Total sq. ft. 1,600 sq. ft.
1,600 sq. ft. divided by 7,500 sq. ft. = 21.30% coverage.
Thanks, r "
i
NC T/
300 East
ste
w, wrt A'
(=J VP MuRGeRET T.LING 10th FI or Street
New York,NY title insurance company 212-22-00 010017
212-983-1133fax
800-433-0014
mling@stewart.com
NYSE:STC
VARIANCE SEARCH
***************
TITLE NO. : C3924-02S
Stewart Title Insurance Company hereby certifies to the Town
of Brookhaven, Suffolk County, New York, that it has caused
a search for conveyances only in the Office of the Clerk of
the County of Suffolk against the premises herein set forth
from 1954 to date and the results are as shown on the sheets
hereto annexed and made a part hereof.
The liability of this company under this certification is
limited to the amount of fees paid.
AR ARET LING, ESQ.
SWORN TO BEFORE ME THIS
IJ DAY OF DECEMBER, 2002
NOTARY PUBLIC
JAMES G. HY�AND
Notary Public, State of New York
No. 30-4857982
Qualified in Suffolk County
Commission Expires A4*�, —
-;JW40('
TITLE NO. : C3924-02S 100 .00 - 126. 000 - 01 . 00 - 018 .000
SUBJECT PREMISES
JOYCE T . ARNOLD DATED: 11/16/53
TO REC' D: 1/7/54
KATHLEEN BAYLIS TUTHILL LIBER: 3636
PAGE: 93
KATHARINE BAYLIS TUTHILL DATED: 11/8/57
TO REC' D: 10/15/59
CARL J. DEL FINO AND LIBER: 4708
VERONICA DEL FIND, HIS WIFE PAGE: 564
LAST DEED OF RECORD
f14ARGARET LING, ES .
Sworn to beforle me this
day of DECE 2 02
NOTARY PUBLIC
JAMES G. H N
Notary Public, State N York
No. 30-485798
Qualified in Suffolk County
Commission Expires Aefl ''-
314
TITLE NO. : C3924-02S 0100 .00 - 126.00 - 01 . 00 - 008 . 000
PREMISES ADJOINING WEST
JOYCE T ARNOLD DATED: 11/16/53
TO REC' D: 1/7/54
KATHLEEN BAYLIS TUTHILL LIBER: 3636
PAGE: 93
KATHLEEN BAYLIS TUTHILL DATED: 1/29/71
TO REC' D: 2/2/71
ROBERT FINORA LIBER: 6879
ANNA FINORA PAGE: 32
ROBERT FINORA DATED: 3/4/94
ANNA FINORA REC' D: 3/28/94
TO LIBER: 11670
MARY J. FINORA PAGE: 130
LAST DEED OF RECORD
fxlARGARET' LING, ES .
S orn to before me this
day of DECEMBE 20
NOTARY PUBLIC
JAMES G. HYLANC
Notary Public,State of Ne o k
No. 30-4857982
Qualified in Suffolk County
Commission Expires A .
-31�$-,
TITLE NO. : C3924-02S 1000 . 00 - 126 . 00 - 01 . 00 - 017 . 000
PREMISES ADJOINING SOUTH
JOYCE T. ARNOLD DATED: 11/16/53
TO REC' D: 1/7/54
KATHLEEN BAYLIS TUTHILL LIBER: 3636
PAGE: 93
KATHLEEN BAYLIS TUTHILL DATED: 2/28/58
TO REC' D: 2/18/65
KENNETH MYERS LIBER: 5702
IRENE MYERS PAGE: 576
KENNETH MYERS DATED: 8/22/66
IRENE MYERS REC' D: 9/1/66
TO LIBER: 6024
LOKEN ENTERPRISES INC. PAGE: 371
LOKEN ENTERPRISES INC. DATED: 7/31/84
TO REC' D: 8/29/84
GERARD P. GOEHRINGER LIBER: 9630
PAGE: 503
GERARD P. GOEHRINGER DATED: 1/13/92
TO REC' D: 1/22/92
GERARD P. GOEHRINGER LIBER: 10405
BARBARA J. GOEHRINGER PAGE 308
(CONTINUED)
MA ,G REV LING, ESQ.
Sworn to before me this
day of DECEMB
1 0
NOTARY PUBLIC
JAMES G. HY D
Notary Public,State o ew ork
No.30 4857 s
Qualified in Suffolk C
Commission Expires A?mll.
31-Ed
TI•TLE NO. : C3924-02S 1000 . 00 - 126.00 - 01 . 00 - 017 .000
(CONTINUED) - PREMISES ADJOINING SOUTH
GERARD P. GOEHRINGER DATED: 8/14/00
BARBARA J. GOEHRINGER REC' D: 9/13/00
TO LIBER: 12070
CATHERINE A. KRESHON PAGE: 243
LAST DEED OF RECORD
MARGA ET LING, ES
Sworn to before me this
1 ay of DECEMB , 0
NOTARY PUBLIC
JAMES G. HY
Notary Public, State INYork
No, 30-4857982
Qualified in Suffolk County
Commission Expires A,.PLU.Z----------
TITLE NO. : C3924-02S 1000 . 00 - 126 . 00 - 01 .00
PREMISES TO THE NORTH
SEVENTH STREET, LAUREL
MARGARET LING, SQ.
Sworn to before me -this
l day of DECEMBE JIN
NOTARY PUBLIC
JAMES G.HYLAND
Notary Public,State of New York
No. 30-4857982
Qualified in Suffolk County
e
Commission Expirr_
3I1.i�d�
TITLE NO. : C3924-02S 1000 . 00 - 126.00 - 01 .00
PREMISES TO THE EAST
BAY AVENUE, LAUREL
MAR ARErt LING, SQ.
Sworn to before me this
(jday of DECEMBE , 20
va
NOTARY PUBLIC
j4MES G.HYLAN Yor
Notary Public,State of Ne
No. 36-4857982
Qualified In Suffolk/County
Commission Expires P, '�---
DWELLING
S.C.T.M. NO. DISTRICT: 1000 SECTI.PW 126 BLOCK: 1 LOT(S): 18 W7PUBLIC WATER
ELEV. 32.0 I \
BROWN I \
SANDY LOAM X1•
BROW \
LA'S 3.0' VACANT
DWELLING \
PALE O
BROWN I LP W/WELL WELL
TO I 100' \
/ MEDIUM
SAND
\ I DWELLING
/ CL 25.14 W/WELL
SEVENTH_ C25') STREET
I C 9.0 1 ' DIRT ROAD CL 28.2 ` CL 27.2 CL 25.9
NO WATER 1 7. CL 30.1
�� OVER",
I 09-06-02 WIRES 0
BY: McDONALD CEOSCIENCE EL 30.3 N6 90 13'1 0"E 1 0.00 EL 26.6 7WM• W
z
O EL 30. N 0 U. CL 25.42
ILOT 27 O EL 31.9 �P00L e�i EL(32 0) a EL(32.D) EL 29.6 4 Z
ko •� S.T, M N 24.0' 4 0.0 I
I DWELLING 46.0' GARAGE PROPOSED 0 �� DWELLING
W/PUBLIC WATER / EX GF(32.5) I 2 STY. FRM 40.0' til W/WELL
I 100' O DWELLING cal ^z
to LOT 28 19-N I I,N/CELLAR In W
1 lo�� 5 ZN O EL 32.0 } FFL(34.5) /PROPOSED WATER SERVICE 0 W
� EL�2.0) � ��
EL(32.0) 4TOW1�2E FE�x ,N � O
\ Z EL 32.2 } ( BE REMOVED)
EL 29.9 EL 28.8 O 2
\ x a CL 25.51
\ I L S69�13'10"W . I I <
XOT29 DWEL / G 00
DWELLING
ASSUMED W/PUB/IC WATER I W W/WELL
AREA: 7,50�SQYT. OR 0.17 ACRES ELEVAnoN DATUM: _ ___-_ __ __ 0+
w
UNAUTHORIZED ALTERATION OR AODI110N TO THIS SURVEY IS A V10LAAON OF SECAON 7209 OF 174E NEW YORK STATE EDUCAI)ON LAW. COPIES OF THIS SURVEY �
MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY GUARANTEES INDICATED HEREON SHALL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 717LE COMPANY GOVERNMENTAL AGENCY AND LENDING INS777U7)ON
LISTED;HEREON, AND TO THE ASSIGNEES OF THE LENDING INS777UT70N, GUARANTEES ARE NOT TRANSFERABLE.
THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM 774E PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE 7HER£FORE THEY ARE DWELLING 9
NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS
AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 17ME OF SURVEY W WELL Z
SURVEY OF: LOT 28 CERTIFIED To: THEODORE MARTZ; IN RO50NT YARD I N
w
MAP OF: GEORGE T. TUTHILL SEC.1
FILED: JAN. 15, 1929 DWELLING
SITUATED AT: MATTITUCK W/PUBLIC WATER
TOWN OF:SOUTHOLD KENNETH M. WOYCHUK L.S. 50'
SUFFOLK COUNTY, NEW YORK .0 Land Surveying and Design THE WATER SUPPLY, WELLS AND CESSPOOL
/ . Box 3, Mattituck, New York, 11952 LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS
rFILE02-138 SCALE: 1"-20' DATE:SEPT. 16, 2002 PHONE (631) 298-1586 FAX (831) 298-15e8 AND OR DATA OBTAINED FROM OTHERS
•N.'Y. S. UC h0. 50227 maintaining the records of Robert J. Hennessy
J
�OS�FFO��-cQG
ELIZABETH A.NEVILLE S o� y� Town Hall, 53095 Main Road
TOWN CLERK y - P.O. Box 1179
REGISTRAR OF VITAL STATISTICS W Southold, New York 11971
MARRIAGE OFFICER �,f,i Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER "'/Q! �a0 Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville, Southold Town Clerk
DATED: December 4, 2002
RE: Zoning Appeal No. 5279
Transmitted herewith is Zoning Appeal No. 5279 of Theodore Martz contract
vendee of Veronica Delfino for a variance. Also included is: letter of transmittal
from Catherine Mesiano, dated November 26, 2002; letters of authorization; ZBA
Questionnaire; Short Environmental Assessment Form; Applicant Transactional
Disclosure Form; survey; Notice of Disapproval dated October 18, 2002 with
building permit application and survey attached.
For Office Use Only: Sev-$,p09 ssigned Appl. No. DEC
Office Notes: '``/��
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
�o .y! For Office Use Only
Fee:$��. Filed By: /7 .ly Date Assigned/Assignment No.
Office Notes:�, I-ev oY
Parcel Location: House No.55 Street S e-h46 Hamlet 1 k
SCTM 1000 Section 121 Block 1 Lot(s) It—Lot Size%1*7A Zone District R- 4o
I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED:
dtlaber 19, 2.001 �-- _ r
Applicant/Owner(s): T'h eoa a lf e Mom, i m t C_o nl r eu_4 V e rJ << �t Y �°-✓D r1 t Cq, v� tt�'1:
Mailing Address: 1415 R y efso r ma-4 p r y
Telephone: (a - 7 )?9 L13
NOTE: Happlicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc.
Authorized Representative: C Qk ex l M1 C- 1"/�l e5la-n Q, 1r%c .
Address: 2 1Jl 11 ( PO t� . _ _ M L O QLC.W E 5 �� l q 0
Telephone: 6 3 1 - )?1 'g- 8 9 sl
Please specify who you wish correspondence to be mailed to,from the above listed names:
❑Applicant/Owner(s) gAuthorized Representative ❑Other: p Q
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED Qc-�• 1 FOR
I$Building Permit
❑Certificate of Occupancy ❑Pre-Certificate of Occupancy
❑Change of Use
❑Permit for As-Built Construction
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning
Ordinance by numbers. Do not quote the code.
Article X X I V Section 100-a to 4 Subsection
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
❑Reversal or Other
A prior appeal❑has I�has not been made with respect to this property UNDER Appeal
No. Year
REASON FOR APPEAL
A Variance to the Zoning Ordinance is requested for the reason that
1. An undesirable change will NOT be produced in the CHARACTER of the
neighborhood or a detriment to nearby properties, if granted because:
THE PROPOSED DWELLING CONFORMS TO THE SIZE, STYLE AND SETBACKS
OF OTHER EXISTING RESIDENCES IN THE NEIGHBORHOOD.
2. The benefit sought by the applicant CANNOT be achieved by some method,
feasible for the applicant to pursue, other than the area variance because:
THE SUBJECT PROPERTY IS A PRE-EXISTING NON-CONFORMING LOT. THE
SIZE OF THE PROPOSED DWELLING IS CONSISTENT WITH THAT OF OTHER
HOMES IN THE NEIGHBORHOOD.
3. The amount of relief requested is not substantial because:
THE REQUESTED RELIEF WILL RESULT IN THE CONSTRUCTION OF A HOUSE
THAT IS CONSISTENT WITH THE SIZE AND STYLE OF THOSE IN THE
NEIGHBORHOOD AND THAT MAINTAINS A SETBACK SIMILAR TO NEIGHBORING
HOMES.
4. The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because:
ANY STORMWATER RUN-OFF WILL BE CONTAINED ON-SITE. NO NOXIOUS
ODORS, NOISE OR LIGHT WILL BE GENERATED AS A RESULT OF THE
PROPOSED ACTIVITY.
5. Has the variance been self-created? ( ) Yes ( X ) No.
If not, is the construction existing, as built? ? ( ) Yes ( X ) No.
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.
1
Catherine Mesiano, Inc., Agent for Theodore C. Martz (contract vendee)
DEC 2
Page 2 of 3- Appeal Application
Part A: AREA VARIANCE REASONS (attach extra sheet as needed): J� e a-i4 0.Ck e cf
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties,if granted, because:
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because:
(3) The amount of relief requested is not substantial because:
(4) The variance will NOT have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district because:
(5) Has the variance been self-created? ( ) 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)
This is the MINIMUM that is necessary and adequate, and at the same time preserves and
protects the character of the neighborhood and the health, safety, and welfare of the
community.
( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE
STANDARDS. (Please consult your attoAj
;Ignature
y. therwise le proceed to the signature and
notary area below.
' �, /�= of Appellant or Authorized Agent
Sword to before me this.'?/l (Agent must submit Authorization from Owner)
day of ��PmS:`. .,200�L.—.
(Notary Public)
DAVID A.
NotL,.gi public,S'AtO®4 NOV VG* ZBA App 9/30/02
Qualified In Suffolk CouriW
Cho g.No.0-IGIBM947 �
• r
Page 3 of 3- Appeal Application
Part B: REASONS FOR USE VARIANCE(if requested):
For Ea and Every Permitted Use under the Zoning Regulations for the Particular District Where
the Proje is Located (please consult your attorney before completing):
1. Applicant annot realize a reasonable return for each and every permitted use under the
zoning regulati s for the particular district where the property is located, demonstrated by
competent finan pp1 evidence. The applicant CANNOT realize a REASONABLE RETURN because:
(describe on a sep , ate sheet).
2. The alleged hardship elating to the property is unique because:
3. The alleged hardship does of apply to a substantial portion of the district or neighborhood
because:
4. The request will not alter the essent I character of the neighborhood because:
5. The alleged hardship has not been self-cr ated because:
6. This is the minimum relief necessary,while at the ame time preserving and protecting the
character of the neighborhood,and the health,safe and welfare of the community. (Please
explain on a separate sheet if necessary.)
7. The spirit of the ordinance will be observed, public safety d welfare will be secured,and
substantial justice will be done because: (Please explain on a se rate sheet if necessary.)
( ✓) Check this box and complete PART A, Questions on previous page to apply AREA
VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the
signature and notary area below.
Si ature of Appellant or Authorized Agent
Sworn7ob��ef�pre me this (Agent must submit Authorization from Owner)
day oft,5&.. ..,200_1,1-----
(Notary Public) 000 as; ZBA App 9/30/02
public,State 0OWM
siv. "d M IUtfoUt �
� p R
"CATHERINE MESIANO, INC.
12 MILL POND LANE
EAST MORICH_ES; NY-:1=1-940
631.'-=878-8951
November 26, 2002 DEC ` 2
Zoning Board of Appeals
Gerard P.Goehringer, Chairman -
Town of Southold
P.O. Box 1179
Southold, NY 11971
RE: Therdore Martz
55 Seventh Street, Mattituck
SCTM # 1000-126-1-18
Dear Mr. Goehringer:
I am the agent for the above referenced applicant. Mr. Martz is seeking relief
from Article XXIV Section 100-44B of the Zoning Code. Because the subject site
is a 50' corner lot, no building envelope exists if all required setbacks are
maintained.
Enclosed please find the original and six copies of the following:
1. Notice of Disapproval dated October 18, 2002
2. Application.
3. Owner's consent.
4. Z.B.A. Questionnaire.
5. Short EAF.
6. Transactional Disclosure Form.
Also enclosed is Mr. Martz's check#4106 in the amount of$600.00 for the
application fee and seven original surveys.
We respectfully request that this matter be scheduled for the earliest available
hearing date. Should you require any additional information, please do not
hesitate to contact me.
Very truly yours,
c.e._
Catherine Mesiano, President
Enclosures
4w® � ® � eodore C. Martz, Jr.
I� °° ® Building Contractor
145 Ryerson Avenue
Manorville, NY 11949
(631) 878-8443
i
November 14, 2002
Town of Southold
Board of Zoning Appeals
Main Road
Southold, New York 11971
RE: Land of Veronica DelFino
@ 55 7th St., Laurel, New York
.SCTM# 1000-126-01-18
As contract vendee, I hereby authorize Cathy Mesiano to act as
my representative in presenting the above matter for variance
requests.
Sincere ,
Theodore C. Mar z Jr
SELLER/OWNF,R: Veronica DelFino
DEC
PURCHASER/APPLICANT: Theodore Martz, Jr.
PREMISES: 55 7th Street, Laurel,NY
Tax Map: 1000; 126; 1; 18
I, Veronica DelFino,the owner of the above described property, hereby authorize
Theodore Martz, Jr.to make an application to the Town of Southold for a variance on said lot.
eronica DelFino
Sworn to before me this
day of October, 00
Notary Publi
JOSEPH MONACO,JR.
Notary Public,State of New York
No.01 t,4055G'4213
Qualified,n i-mnx County
Commission Expires Nov.16,2
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A.APPLICATION
A. Is the subject premises listed on the real estate market for sale?
❑Yes ®No
B. Are there any proposals to change or alter land contours?
❑Yes ®No
C- I)Are there any areas that contain wetland grasses?NO
2)Are the wetland areas shown on the map submitted with this application?N/A
3)Is the property bulkheaded between the wetlands area and the upland building area?N/A
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? N/A
D• Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? N/A (If slope is over 5'el.,state"n/a".)
E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown
on the survey map that you are submitting? NONE (If none exist,please state"none".)
F. Do you have any construction taking place at this time concerning your premises? NO
If yes,please submit a copy of your building permit and map as approved by the Building
Department. (If construction is"as built"without a permit,please state when construction was
built,and relevant information:
G. Do you or any co-owner also own other land close to this parcel? NO explain If yes,please
where or submit copies of deeds.
H. Please list present use or operations conducted at this parcel VACANT
and proposed use SINGLE FAMILY DWELLING
(please indicate if the same,or how it is proposed if different).
�1h lot
Authorized Signature and Date
ZBA Fomms_QUESTIONNAIRE.doc 1002
1REC 1
617.20 SEAR
PROJECT ID NUMBER APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
PART 1-PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1.APPLICANT/SPONSOR 2.PROJECT NAME
THEODORE MARTZ 55 SEVENTH STREET
&PROJECT LOCATION:
MATTITUCK SUFFOLK
Municipality County
4.PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map
S/W CORNER BRAY AVENUE AND SEVENTH STREET
5.IS PROPOSED ACTION: ❑ New Expansion ❑Modification/alteration
6.DESCRIBE PROJECT BRIEFLY:
CONSTRUCTION OF A 25'X 40'2-STY FRAME--DWELLING WITH ATTACHED 24'X 25'GARAGE AND FULL
BASEMENT
7.AMOUNT OF LAND AFFECTED:
Initially .17 acres Ultimately .17 acres
8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
❑Yes Z No If no,describe briefly:
UNABLE TO MAINTAIN REQUIRED FRONT YARD SETBACK AND LOT COVERAGE
9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.)
PIResidential Industrial OCommercial ❑Agriculture E]Park/Forest/Open Space Other (describe)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
R]Yes No If yes, list agency name and permit / approval:
SCHD SOUTHOLD ZBA & BUILDING DEPT.
11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
Yes -No If yes, list agency name and permit / approval:
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
ElYes ❑No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant / sp r Name CATHERI MESIANO, INC. Date:November 26,2002
Signature
If the action is a Costal Area,and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
DEC 2
• - ARpLIt'ANT' .
TRANSACTIONAL DISCLOSURE PORN
The Town ok Sou hold ' s Code of Sthics • rohibits 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 Fnterest and allow
it to take whatever action is necessary to avoid same .
YOUR NAME: 71 o ct�o t' Tz
Last name , first namep .m dd•le n t al , unless
you are applying in the name of someone else or
other entity, such as a company. If so, indicate
the other person ' s or company ' s name. )
NATURE OP APPLICATION: (Check all that apply. )
Tax grievance
Variance
Change of zone
App pwal of plat d,
Exe ption from plat or official map
Other
('If "Other, " name the activity . )
Do you personally (or through yourCotnpanyo 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 businesso 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. ofricer or employee owns more than 5% of the
shares.
YES NO "
If you answered "VES, ". complete the batance * mf ttiie corm and
date and sign where indicated.
Name of person employed by the Town of Sout'rtold
Title or position of that person _
Describe the relationship between yourself ( they applicant)
and the town officer or employee. Either check the
appropriate line A) through D) and/or, describe in the space
provided. ,
The town officer or employee or his or her spouse ,' sibling,
parent , or child is (check all that apply ) i
A) the owner of greater than 59G of the shares of the
corporate stock of. the applicant (when the applicant'
is a corporation) t
S) the legal or beneficial owner of any interest in a
noncorporate 'entity (when the applicant is not a
corporation) t
c) an officer, director, partner, dr emplbyee, of the
applicantt or
D) the actual applicant .
DESCRIPTION OP R ELATIONS111P
lj•I .
' . . .. i i'. I il••h::ry 5(J..,Ir`;•f;,i; :I^.,1 c't�l!.:.,...�.
! C submitted this
signature.
'Print name
' ' •'.'. ;w::,• ' fi:.,tii:;,,•`�� '.��`•`A'7i1?'• 5 icti l!•:f y;,!" ••C':i'rs���1`4• ', ..
_. .:� �:i''yi'c�':;.;dr.!!=:n7�:�r�lJ*�-; ''�k���.1] i.., �'t�'•'r�•�I��5�,,l�y�•�,':;; �.!. .�S;�'t�.
• •`. : t�4 �w. .n•:'t 5'�i,;:1¢,4'.•.;',:.'?,5:�•' �..rXWi`d •,. %44:•.�::
/ DWELLING..
S.C.T.M. NO. DISTRICT: 1000 SECTI�id` 126 BLOCK: 1 LOT(S): 1s W PUBLIC WATER ,
Off,
ELEV. 32.0 I \
BROWN
SANDY LOAM 1•
BROW \
`A'rY
0
3.0' ,VACANT I DWELLING \ � �\
PALE I FN N LP W/WELL
9W O WELL: 6
To I 100 r \
MEDIUM
/ SAND
\ I DWELLING
CL 25.14 WIWELL
P ----- SEVENTH_ _ (25') STREET
/ C 9.0 1 , DIRT ROAD CL 28.E ` CL 27.E CL 25.9
NO WATER 17. CL 30.1
�� VfRni D
I 09-06-02 w/Rrs
BY. McooNALD CEosCIENCE EL 30.3 N69013'10"E o 140.00 EL 26.6 W.M. Z
Lu
I O ao �El- 30. Ln N U.F. �Q CL 25.42
I O EL 31.9 PDO EL(32.0) o_ N;EL(32.D) EL 29.6 Z
LOT 27
I •� S. M N 24.0' 40.0' I / c no
al I-- DWELLING
DWELLING . EX 46.0 GARAGE I PROPOSED o J a WIWELL
I W/PUBLIC WATER GF(32.5) 2 STY. FRM Ci
1 Np�N`1Z�0S�0 P� RSE P1N oO�
} _ I 0.0'
100' p DWELLING CN —
O.LTJ
=^F►z
LOT 2 19N L'--
�'
EL 3 . / IPRO SED R SERVICE L 2.0 a
EL(32.0) 'NWE FENCE cv, caZ EL 32.2 E REMOVED O
EL 29. o
EL 28.8 C 2
S69013'10"W .00' pqa
\ I LOT 29 DWELLING I N DWELLING .
ASSUMED
W/PUB11C WATER
AREA: 7,50�SQXT. OR 0.17 ACRES ELEVA7ION DATUM: _ __ -_ 0 :
( WIWELL
U j
W
UNAUTHORIZED ALTERA170N OR AD011/ON TO THIS SURVEY/S A NOLATION OF SECTION 7109 OF THE NEW PORK STALE EDUCATION LAW.' COPIES OF THIS SURVEY �
MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN'
ONLY TO THE PERSON FOR AHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU17ON
LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE
THE OFFSETS OR DIMENSIONS SHOW HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE.THEY ARE / DWELLING 3
NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES ADDITIONAL STRUCTURES OR AND 07HER IMPROVEMENTS EASEMENTS
AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY WIWELL
X IN FRONT YARD
SURVEY OF: LOT
28
CERTIFIED T0: THEODORE MARTZ; 50 w
MAP OF: GEORGE T. TUTHILL. SEC.1 cal
FILED: JAN. 15, 1929 DWELLING Gov. e.a.Q
SITUATED AT: MATTITUCK W/PUBLIC WATER
TOWN OF: SOUTHOLD KENNETH M. WOYCHUK L.S. 50'
SUFFOLK COUNTY, NEW YORK t 4/ , v6z Land Surveying and Design
THE WATER SUPPLY, WELLS AND CESSPOOL
P.O. Box S, Mattituck, New York, 1195E
LOCATIONS. SHOWN ARE FROM FIELD OBSERVATIONS
FILE 22-138 SCALE: 1"=20' DATE:SEPT. 16, 2002 N. Y. S. UC NO. 50227 PHOmaintain�Eeh9Bre58� of RobertJ. Henneq►® AND OR DATA OBTAINED FROM OTHERS
r
5 OFFICE OF
A ��, �_ BOARD OF APPEAL
Southold Town Hall
53096 Main Road
Southold;NY 11971
q�3 765-1809 tel. 765.9064 ZSA flax.
4Xed REPLY FORM
Dated: ( U
I +/Uc) )Z� '
( our application is incomplete for the reasons noted below.
It is requested that the following be forwarded as soon as possible (within about 7 days, if
feasible). The advertising deadline is 22 days before the meeting date and the inf6..rmation is
necessary for review and advertising purposes. .
, please send the originsl5bs mail. Thank you.
( ) The appeal was not filed within 60 days of the decision of the Building Inspector.
(Missing information - please see missing information checked below.
Please submit all the documentation,.together with information noted below. If you have
any questions, please call us at 765-1869. Thank you.
Information requested:
( ) Notice of Disapproval issued by the Building Inspector after his/her review of this
particular project map.
( ) Check payable to the Town of Southold totaling $
( ) Signature and notary public information are needed.
k
( ) An original and six prints of the map were not included. (Preparer's name and date
of preparation to be shown.)
( ) Setbacks must be shown for the,subject building to all property lines, with preparer's
name.
Six(6) sets of a dia ► showing the doors, number of stories, and average height
(from natural grade). e-1 e-VaL-4-i v.us 19 v'V A dZoa,- Aeclin
J _z e-7-a;s.s,
( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining
parcels, certified by a title insurance company, and insuring the Town for$25,000.
( ) Copies of all current deeds and tax bills of the parcels back to
( Other: G-o)ff L fi- (c, .S
546dPS o & o Th er- "Ic.�,',y
�eyD-Y�OL- ' 7c (p4�� o 11T J �� el-oPbS2.D�
CD e 4 ett,2 a ssu. e in y CJ"9-6 S t1-410�
�roPosec�) .
1 y SOUTHOLD TOWN BOARD OF APPEALS
Phone: 631-765-1809 Fax:631-765-1823(or alt.Fax 9064)
INSTRUCTIONS FOR VARIANCE APPLICATIONS
Please submit seven(7)collated sets of the following,by mail or hand delivery.
1. NOTICE OF DISAPPROVAL from the Building Inspector dated within the
last 60 days,together with copies of permit application file. If your project is
amended which changes the variance relief area,it'will be necessary for you
to obtain a new or amended disapproval based on the new or amended.plan.
(Building Department 765-1802).
2. APPLICATION typed or neatly written,signed by the property owner and
notarized,with information completed on the attached form.
a. If applicant is not an owner,please furnish written consent for you
to sign and submit this application.
b. Please be prepared to address the standards of Town Law applicable,
to your type of application. (Attached are"area variance standards" or
use variance standards for reference.)
3. If your project is other than a setback or lot line variance,please complete
the attached short ENVIRONMENTAL ASSESSMENT FORM.
Z.B.A.QUESTIONNAIRE,to be completed and signed.
5. Sketch of BUILDING OR FLOOR PLAN with height of new structure,
location of entrance doors,etc. (new construction projects).
6. Original SURVEY showing all setbacks of existing and proposed structures,
patios, driveways,wetland areas,square footage and dimensions of lot,
dimensions of new construction,fences,tanks,overhangs,chimneys,etc. (If
your project involves total lot coverage at more than 20% of the area of the
lot,please provide lot size and size of all building areas.)
7. For NEW constructions,please FLAG outside corners for on-site inspections
As early as possible. (*Photographs of flagged construction areas to be
submitted for the hearing-or before if possible.) -If wetlands are nearby,
please give distance between new proposed construction and nearest wetland
grass.
8. Filing fee CHECK(non-refundable) payable to "SOUTHOLD TOWN
CLERK." (List of fees is enclosed. Requests for refunds may be made prior
to the advertised date.)
After the Board has reviewed the application and calendared your application for a public hearing,
we will confirm the date,place and time of the hearing,and provide a letter for your use regarding
notice steps to surrounding owners.
/ Please note: Further changes, after submitting the above information,must be placed in writing to
the Board of Appeals clarifying the changes. Changes may also require a new Notice of Disapproval
to address the changes. If you are not sure,please contact the Appeals Office staff at 765-1809,or
please check directly with Building Department (165-1802). Thank you.
ZBA ORIGINAL forms must be included with a cover letter indicating the name, telephone
number, and address of the contact person for our department correspondence and follow-
up):
To Applicants: Service of a copy of this appeal application upon .the Building Department is
necessary under New York Town Law. Please include a statement with your cover letter indicating
when a copy of the appeal application was mailed or delivered to the Building Department. Thank
you.
Effective: September 2001
1
ANSMISSION VERIFICATION REPO _
TIME 02/11/2003 11:49
DATE,TIME 02, 11 11:47
FAX NO./NAME 8788443
DURATION 00:01:34
PAGE(S) 02
RESULT
OK
MODE STANDARD
" 7ANSMISSION VERIFICATION REPORT
f
TIME 02/11/2003 13:49
DATE DIME 02/11 13:48
FAX NO 8788951
DURATION 00:01:32
PAGE(S) 02
RESULT OK
MODE STANDARD
Town Of Southold
P.O Box1179
Southold, NY 11971
* * * RECEIPT
Date: 12/03/02 Receipt#: 4106
Transaction(s): Subtotal
1 Application Fees $600.00
Check#:4106 Total Paid: $600.00
Name: Martz Jr., Theodore
145 Ryerson Ave.
Manorville, NY 11949
Clerk ID: LINDAC Internal ID:64359
1 0�o c�a
ELIZABETH A.NEVILLE h`1` .y Town Hall, 53095 Main Road
TOWN CLERK p P.O. Box 1179
CA Southold, New York 11971
REGISTRAR,OF VITAL STATISTICS MARRIAGE OFFICER Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER O'� �a southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 485 OF 2003
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON AUGUST 12, 2003:
RESOLVED that the Town Board of the Town of Southold hereby grants a overpayment
refund of$50.00 to Mr Theodore Martz,Jr., as he has overpaid the application fee for a
variance before the Zoning Board of Appeals
Elizabeth A. Neville
Southold Town Clerk
AUG 1 5 2003
i
APPEALS BOARD MEMBERS O`OSVFFO��-COG Southold Town Hall
Lydia A.Tortora, Chairwoman c y� 53095 Main Road
Gerard P. Goehringer h Z P.O. Box 1179
George Horning O .F Southold,New York 11971-0959
Ruth D. Oliva y�1J O� ZBA Fax(631)765-9064
Vincent Orlando O! �a Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD: OF APPEALS
TOWN OF SOUTHOLD
MEMORANDUM
TO: Elizabeth Neville, Town Clerk
FROM: Lydia A. Tortora, ZBA Chairwoman
DATE: May 27, 2003
SUBJECT: Request for Refund - Appl. #5279 (Martz)
The applicant submitted a $600 check for processing of his variance requests
instead of $550. At that time the applicant preferred to have a refund returned and
getting an assigned file number, rather than replacing the check.
It is recommended that a refund of the $50 overpayment be forwarded to Mr.
Theodore Martz, Jr. (Copies of the Town Clerk receipt and Appeal Application
form are attached for reference, if needed.)
Thank you.
Encls.
cc: Accounting Department
Page 52
March 20, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
2:06 p.m. Theodore Martz, Contract Vendee (Owner: Veronica Delfino) #5279—Applicant
requests a Variance under Section 100-244B based on the Building Department's October 18,
2002 Notice of Disapproval. Applicant proposes a new dwelling with a lot coverage over the
code's 20% limitation, at 55:Seventh Street, Laurel; Parcel 1000-126-1-18.
CHAIRWOMAN: Is someone here who would like to speak on behalf of the application?
CATHRINE MESIANO: My name is Cathy Mesiano and I'm here on behalf of Mr. Martz who
is the contract vendee for the subject property as you know we have an application before you
for relief the subject property is a corner lot located at Bray Ave. the westerly side of Bray Ave
and the southerly side of 71"Avenue in Mattituck. The property is a 50xl50 corner lot the zoning
requires a front yard setback of 35' sideyard setback of 10 and a combined of 25 and a rear yard
of 35'. Given the dimensions of the property and the fact that it is on a corner it is impossible to
adhere to the code requirements when constructing a basic minimal size house. We are
proposing to construct a 25x40 2 story fraine dwelling with an attached 24x25 garage. We are
requesting relief from the front yard setback requirement so as to be able to accommodate the 25'
depth of the house. We are able to provide 2 12 %2' yards the 12 %2' front yard on 7t" street and a
12 %2' side yard on the one interior lot line. That basically outlines the proposal - I'd be happy to
answer any questions you,might have.
CHAIRWOMAN: Do you have the green cards?
MS. MESIANO: I submitted everything I have to Linda the other day when I came in a couple
of days ago. I submitted my affidavits of posting several days ago and everything I had in my
possession I submitted at that time.
CHAIRWOMAN: 12.5 front yard from 71" Street and 40' from Bray. And the lot coverage is
21.3%. Let's see what happens. Is there anyone else in the audience who would like to speak for
or against the application?
CATHY CRESHON: I'm Cathy Creshon and I live south of the property in question and I
strongly oppose the variance they've requested and when I purchased my home 2 years ago I was
assured at that time by a member of the Board of Appeals that the neighboring wooded lot was a
non-buildable lot due to code restrictions in place and on March 6t", I received my certified letter
stating of this meeting that the new owners were requesting to not only build on this lot, but
build a 2-story structure of according to my calculations 3200 sq. ft. This is almost 4 times the
size of my 900 sq. ft. home. Not only does the proposed structure exceed the 20%building
footprint, but it's also a full 2 stories high and I know of no other homes in the neighborhood that
even come close to this size on that size lot.
CHAIRWOMAN: Ms. Creshon where is your house?
Page 52 of 96
Page 53
March 20, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
MS. CRESHON: I'm on 770 Bray Ave. south of this property.
CHAIRWOMAN: Lot 17 is it?
MS. CRESHON: Yes. Since'receiving the letter I spoke to the Building Department who
relayed the restrictions previously mentioned of the setback of 35' on each street side and I not
only feel this or any structure will decrease my property value it is not in keeping with the other
structures in the neighborhood and I strongly request that in a town that prides itself on open
space that this building not be put through. It was my understanding that the current zoning
regulations were set up to protect property owners from being overpowered from this kind of
aggressive building and it's for this reason I must strongly urge the ZBA to reject this or any
proposal variance to adhere to the laws set up for the current taxpayer. This lot should remain as
is a non-buildable lot.
CHAIRWOMAN: How long have you lived on the lot next to this lot?
MS. CRESHON: 2 and a half years.
CHAIRWOMAN: Most of the lots are quite narrow along there.
MS. CRESHON: Just to the lot south of me the lots are double sized.
CHAIRWOMAN: There are probably 100 on the north end of Bray Ave. and then 50 down to
61h street, then roughly-
MEMBER HORNING: It is a tiny lot. I don't see how they could build something without
having a variance and I might ask another question. When was the lot created?
MS. MESIANO: The lot was created- I can check my file. I can tell you we have a single and
separate search and it does meet the standards for single and separate back to the required point
and time and that search has been submitted to the board and let me just check and see if I have
that information. This is an old filed map filed 1929. And as I mentioned there is a single and
separate search on the property so it does conform to the standard set forth in the current building
code as Mr. Horning mentioned and I'd like to reiterate the lot does have constraints because it is
on a corner but the lot is no different in area then Ms. Creshon's lot, it's the same size and
dimension-the difference being that hers is not a corner lot.
CHAIRWOMAN: What's the height on this structure?
MR. MARTZ: It's a cape style house the approximate square footage is 1600 sq. ft. if the
upstairs is finished in the future.
Page 53 of 96
Page 54
March 20, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
CHAIRWOMAN: That's 16 with the upstairs where the gable ends?
MS. MESIANO: The gable ends would be facing the road and the west. To the ridge would be
28'.
CHAIRWOMAN: Would you accept a height limitation of 28 to the ridge, not including
chimneys? The reason I'm asking is because it is a small lot, it is a narrow lot,but it does have
constraints and to the degree the variance is requested is substantial and if it's going to be a 35'
high house the impact to.the neighbor is much larger.
MS. MESIANO: We're not proposing that.
CHAIRWOMAN: I think the board recognizes the limitations of the lot - on the other hand, I
think we need to think about mitigating the impact of the adjoining neighbor.
MS. MESIANO: That's why we are proposing a cape style, not a full 2-story house. We are
doing this as minimally as possible a 25x40'house is not an excessive footprint for this structure.
I don't know where Ms. Creshon derived the 3200 sq. ft. area that she spoke of because we don't
propose anything near that.
CHAIRWOMAN: This is 2 stories,not 2 %2 correct?
MS. MESIANO: It's less, it's a cape style house which would not give you a full 2"d story if we
have a 25x40 that's a 1000 sq. ft. footprint for the first floor of the house and the additional 600'
comprises the 2"d story. Please note that there is an attached garage proposed. Oh we are not
proposing full living space at this time. Yes 28' limitation is fine and it's 2 stories or less.
MEMBER HORNING: Does the garage have the same roofline?
MS. MESIANO: Yes.
MEMBER HORNING: Do you propose storage above the garage?
MR. MARTZ: No storage over the garage, it will be open to the peak. It will only be sheet
rocked 5' out to the roof and sidewalls so the rest will be open to the ridge.
MEMBER ORLANDO: Is this a spec house?
MS. MESIANO: This house is being built for this young gentleman, I'd like to just present, this
is Brian Hass and Mr. Hass is going to be the owner of the house after Mr. Martz constructs it for
him. Mr. Martz is the contract vendee,but Mr. Hass will ultimately be the owner of the house
and if you'd like him to speak,he'd be more than happy to answer any questions.
Page 54 of 96
Page 55
March 20, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
MEMBER ORLANDO: Not at this time. In proportion to the house, the 2-car garage seems a
bit excessive, can you live with a 1 'h car garage? It would be approximately 20' instead of 24'.
MS. MESIANO: We could give up a total of about Toff the garage, that would knock it down
by 50 sq. ft.,but we'd like to be-able to maintain the 2 car use because we don't want to be in a
position of having to put a shed up at some time. With a shed we could put up to 100 sq. ft. on
the property without a building permit and we could eliminate the need for that if we could
maintain a 2-car garage. We could give up 2' on the depth of the garage, still have a usable
garage and that would bring it down by 50 sq. ft.
CHAIRWOMAN: That would be what 22x25?
MS. MESIANO: Yes. The depth would be 22, the width would be 25.
MEMBER ORLANDO: You could fit 2 cars in a 1 %2 car garage depending on the size of the
cars if you're talking SUV's you're correct. If you're talking 2 compact cars, you could.
MS. MESIANO: I'm also talking about when you have a young family you have all of those
large plastic things that end up in the yard and it's nice to be able to put those things away.
You'd have to have an outside entrance to your basement because you're not going to be able to
put anything down if you have a riding lawn mower any other large lawn equipment, if it comes
down to that, we'll consider that but I don't think what we are asking for is excessive given that
other properties in the area do have garages, detached garages, we are not asking for something
that's out of character for the neighborhood. If we were to reduce the size of the garage and then
have the need for a shed, we'd be back to the building department in a year to put up a 12x12
shed or not at all to put up a 1 Ox 10 shed. If it's that or nothing, we'll take that, but I don't think
that it's a major point. We're not going full height, it's on the inside section of the property.
MEMBER ORLANDO: My other point is it will bring you down below 20% - one less
variance.
MS. MESIANO: Is the 1% that crucial?
MEMBER ORLANDO: It's a concession. There's multiple variances you're asking for.
MS. MESIANO: And we've given a concession in reducing the height of the house that we're
entitled to. We're limiting the potential-
MEMBER ORLANDO: I don't think you reduced it-
MS. MESIANO: No, we're limiting the potential to - it could go to 35, could it not?
Page 55 of 96
Page 56
March 20, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
MEMBER ORLANDO: Not this design.
MS. MESIANO: Not this design,but we came in with a minimal design. We didn't come in
with a maximum design, we came in with a minimal, reasonable size structure so as not to start
at 115% and work our way down: We came in straight forward hoping to get the benefit of
having approached you in that way. I'd rather not reduce the size of the garage down to 1 & '/Z if
I did not have to.
MEMBER OLIVA: But you could live with a 22x25.
MS. MESIANO: Let's look at the survey.
MEMBER ORLANDO: You're not reducing depth, you're reducing width.
MS. MESIANO: I'd rather reduce the depth. I think reducing the depth would be wiser because
it would give us a deeper driveway.
CHAIRWOMAN: You're talking about, that would be-
MEMBER ORLANDO: Reducing the depth, wouldn't that be more expensive to build then,
you're changing the ridgeline. Isn't the ridgeline now continuous?
CHAIRWOMAN: That makes sense because that would give you another just a tad more on the
driveway and if you drop that ridgeline it would give much more of a visual impact.
MEMBER OLIVA: The garage would be at 24 and 23?
CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against
the application?
MS. CRESHON: Any houses with the garage detached or attached-the lot sizes are twice the
size.
MEMBER ORLANDO: Do you have a garage?
MS. CRESHON: No my property is too narrow.
MS. MESIANO: Seeking relief from the board would give this individual the potential to build
a garage.
CHAIRWOMAN: I'll make a motion closing the hearing reserving decision until later.
Page 56 of 96
ZONING BOARD OF APPEALS
-TOWN OF SOUTHOLD:NEW YORK
x
In the Matter of the Application of
AFFIDAVIT
OF SIGN
(Name of Applicant POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- /.2- - r - 19
—x
COUNTY OF SUFFOLK)
STATE OF NON YORK)
, C'Q,c A&n 'n/1 n e r ' r 'S[a-,=c residing at )Z m ' !
New York, being duly sworn, depose and say that:
On the 7 day of f'Y]&&eA , 2003, 1 personally placed the
Town's official Poster, with the date of hearing and nature of my application.
noted thereon, securely upon my property, located terr(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 re in place ven days
prior to the date of the subject hearing date, hlch ring dat s staown to be
(Signature)
Sworn to before me this
o day of J-X, , 200.3
JOYCE M.WILKINS
Y952246,
Public,State of New York
oNc#ary Public) v m Ev yes u e 12,, aoa_
*near the entrance or.driveway entrance of my property, as the area most visible
to passersby.
FROM :C MESIANO INC. FAX NO. :531-878-8951 ar. 20 2003 08:21AM P2
I '
-r
ZONING BOARD OF APPEALS
-TowN OF SOUTHOLMNEW YORK
x
In the Metter of the Application of
AFFIDAVIT;
OF SIGN .
(Name of Applicant - POSTING;
i
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- /.i(I
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
,nl1 I'
residing at
• �I
New York, being duly swum, depose and say that:
On the 7 day of f 1Gc n--d. ,2003, l personally placed the
Town's official Poster,with the date of hearing and nature of my application ;
.noted thereon, securely upon my property,located ton'(10)feet or doger fr"i
the street or rigN-&- gay(driveway entrance)-faking the stroot or facing each
street or Tight-of-way entranca;"and that
I
hereby confirm that the Poor has remained in place for seven days;
prior to the date of to sutocd hearing date,which hand tg date was shown W be
(Signature)
Sworn to before me this
day of , 2W I
fl
�I
(Notary Public)
i •near the entrance or.driveway entrance of my property, as the area most viS ble
to passersby,
I
Ice
t of Hearl...,..,g
A public hearing will be held by the Southold Town Appeals Board at Town Hall
53095 Main Road, Southold, concerning this property
APPLICATION: MARTZ, T (CV) DELFINO, V (OWNER)
TAX MAP #: 126-1 -18
PROJECT: LOT COVERAGE VARIANCE
DESCRIPTION: NEW DWELLING
TIME & DATE: TH U RS. MAR. 20, 2003 1 :20 PM
If you have an interest in this project, you are invited to view the
Town file(s) which are available for inspection prior to the hearing
during normal business days between the hours of Sam and 3pm,
ZONING BOARD — TOWN OF SOUTHOLD — 631-765-1809
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY,MARCH 20,2003 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 BOARD OF APPEALS at the Town
Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, March 20, 2003, at the time
noted below(or as soon thereafter as possible):
1:20 p.m. Theodore Martz, Contract Vendee (Owner: Veronica Delfino) #5279—Applicant requests a
Variance under Section 100-244B based on the Building Department's October 18,2002 Notice of
Disapproval. Applicant proposes a new dwelling with�a lot coverage over the code's 20% limitation, at 55
Seventh Street,Laurel; Parcel 1000-126-1-18. �
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or
desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier
than designated above. Files are available for review during regular business hours. If you have questions,
please do not hesitate to call (631) 765-1809.
Dated: February 25, 2003. Lydia A.Tortora, Chairwoman
Board of Appeals
ZONING BOARD of APPEALS
TOWN OF SOUTHOLD: NEW YORK
------------------------------------------------------x AFFIDAVIT
In the Matter of the application of OF
L - MAILINGS
(Name of applicants)_
CTM-Parcel#1000
---------------------------------------------------- -x
COUNTY OF SUFFOLK)
STATE.OF NEW YORK
1, Anne W, Hill residing at P.O. Box 124.5
Center Moriches, New York, being duly sworn, depose and say that:
On the 4th day of March 2003, l personally mailed at
the United States Post Office in—East Moriches , 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 (K) 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 pr perty.
Z�), Z Y',to
Signature-
Sworn to before me this
ay of �L,-2003._ DEMORAHAAC01A
Netary Public,State of NewIld
No.011416004066
cC/ Qualified in Suffolk County
2 �`+ Commission Ex ires March 16,ZO `
(Notary-P bl' )-
Please list, on the back of this Affidavit or on a sheet of paper, the lot numbers
next to the owner names and addressed for which notices were mailed. Thank
you.
Anne Hiss
715 Bray Ave.
Laurel, NY 11948
1000-126-2-6
Mary Finora
205 7°i SU-W
Laurel, NY 11948
1000-126-1-8
Catherine Kreshon
770 Bray Ave.
Laurel, NY 11948
1000-1 ME-1-17
Bertha Zimnaski
630 Bray Ave.
Laurel, NY 11948
1000-126-1-19
Rich Magill
345 Bray Ave.
Laurel, NY 11948
1000-126-1-7.4
n
a _ o TOWN OF SOUTHOLD PROPERTY RECORD CARD /11� _IP/
OWNER STREET VILLAGE DISTRICT SUB. LOT-,7—T
t
FORME& OWNER N E ACREAGE
S W TYPE OF BUILDING
RES. � SEAS. VL. FARM COMM. I IND. I CB. I MISC. Est. Mkt. Value
LAND IMP. TOTAL DATE REMARKS
L12 l o
3oo I /17117,w ,
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE FRONTAGE ON WATER
Farm Acre Value Per Acre Value FRONTAGE ON ROADr � f— `
Till-hf- 1 BULKHEAD
Tillame 2 DOCK
Tillable, 3
Woodland
Swampland
Brushland
House Plot
Total
I
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I I S
i
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i
I I I
I -I
I I I
I
•' ' l i l i � � i I I
I
FFT-
tt-F
4 Bldg. I i Foundation Bath
:xtension Basement Floors
:xtension Ext. Walls Interior Finish
:xtensi.on Fire Place Heat
Porch) Roof Type
I
Porch Rooms 1 st Floor
3reezeway Patio Rooms 2nd Floor
;arage I Driveway Dormer
�. B. -
I
i