HomeMy WebLinkAbout5253 1111•
APPEALS BOARD MEMBERS o
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�'�0�� COpy Southold Town Hall
Lydia A. Tortora,Chairwoman 1 53095 Main Road
Gerard P. Goehringer ; ti Z
P.O. Box 1179
\\�� George Horning ; .7/ Southold,New York 11971-0959
OP Ruth D. Oliva =y�jpl �a0���' ZBA Fax(631)765-9064
Vincent Orlando ,,� ' Telephone(631) 765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 23, 2003
Appl. No. 5253 - Rita M Jones.
Property Location: 1335 Island View Lane, Greenport 1000-57-2-15.
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 14,140 sq. ft. parcel is located on
the south side of a private road (Island View Lane) in Greenport, and is improved with a
one-story dwelling with deck and accessory shed, as shown on the survey prepared by
John T. Metzger, L.S. dated September 25, 2002. The proposed is bordered at the
southerly portion of the property by wetlands.
BASIS OF APPLICATION: Building Department's October 4, 2002 Notice of Disapproval
denying a permit to construct additions and alterations to an existing dwelling, portions of
which will be less than 10 feet from one side yard setback and less than 25 ft. total side
setbacks required by Code Section 100-244B.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on January 16,
2003, 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 10 x 18 ft.
addition to a principal dwelling on this 14,140 sq. ft. lot, with a single side yard at 7.4
from the west side line, and total side yards at 30.9+- ft.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. The granting of the variance will not produce an undesirable change in the character
of the neighborhood, or be a detriment to nearby properties, because the applicant
seeks to construct a 10 x 18 ft. one floor addition to a single story home. The increase in
the non-conformity of the westerly side yard setback is a result of the applicant's plan to
expand a pre-existing corner of the house. The applicant has not proposed to reduce
the pre-existing, +1- 7.4 foot side yard setback.
Page 2—January 23,200
0
Appl.No.5253—Rita Jones
57-2-15 at Greenport
2. The benefit sought by the applicant cannot be achieved by some other method,
feasible for the applicant to pursue, other than an area variance, because the narrow
width of this parcel, being less than 50 feet wide in the area of the applicant's principal
building, greatly constrains the applicant's ability to do any construction without seeking
a variance.
3. The requested variance is not substantial because the applicant has proposed a
single-story addition that will not encroach into a pre-existing side yard setback of
approximately 7.4 ft. Lot coverage after the addition will be substantially less than the
code limitation at +1- 9 percent instead of 20%.
4. The proposed variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood, or district because the wetlands existing
in the southerly portion of this property will not be disturbed in any way. Construction will
be contained to the northwest corner of the building, away from the wetland areas.
5. The difficulty for the applicant is not self-created but results from the narrow width of
the parcel.
6. The relief offered to this applicant is the minimum determined necessary and
adequate for enjoyment of an addition to a single family dwelling, while at the same time
protecting and preserving the character of the neighborhood, as well as the health,
safety, and welfare of the surrounding community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying
the balancing test under New York Town Law 267-B, motion was offered by
Chairwoman Tortora, seconded by Member Oliva, and duly carried to
GRANT the Variance as applied for, and shown on the plan prepared by
Environment East, Inc. dated 10/3/02 and survey prepared by John T. Metzger,
L.S. dated September 25, 2002.
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,
1110
Page 3—January 23,2003
Appl.No.5253—Rita Jones
57-2-15 at Greenport
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and
Orlando. (Member Horning of Fishers Island was absent.) This Resolution was duly
adopted (4-0).
Ly•': A. Tortora, Chairwoman—Approved for Filing
3/ v� /03
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7209 Or THE NEU MIK STATE EDUCATION LAV. ..„ (6 at"el - ;TT FAX:(63.I) 765-1797
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March 19, 2003
Mr. Gerald G. Newman, Chief Planner
Suffolk County Department of Planning
P. O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Newman:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
Appl. No. —#5253 — Rita M. Jones
Action Requested Additions and alterations to existing single family dwelling with side
yard setback.
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,
Lydia A. Tortora, Chairwoman
By:
Enclosures
•
APPEALS BOARD MEMBERS �•I tSVFFOL4-C
1", �' spy
#' Southold Town Hall
Lydia A. Tortora, Chairwoman 53095 Main Road
Gerard P. Goehringer H Z ; P.O. Box 1179
George Horning
O .Ze Q� Southold,New York 11971-0959
Ruth D. Oliva y�Jj� a0���1 ZBA Fax(631) 765-9064
Vincent Orlando
1 �;�''� Telephone(631)765-1809
http.//southoldtown northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
March 10, 2003
Mrs. Rita M. Jones
c/o Environment East, Inc.
P.O. Box 197
Peconic, NY 11958-0197
Re: Appl. No. 5253 —Variances (Jones)
Dear Sir or Madam:
Enclosed please find a copy of the Board's determination regarding the
above-noted application for a zoning variance.
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 on 3/5/03 delivered to:
Building Department
Zi6° a
! 1
,, Pte'` COUNTY OF SUFFOLK
t � RECEIVED
Gr1_4 �. ,t MAR 2 8
41)/ 2003
ID
ZONING BOARD OF APPEALS
ROBERT J GAFFNEY
SUFFOLK COUNTY EXECUTIVE
THOMAS ISLES, AICP
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
March 24, 2003
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the following application(s)submitted to the Suffolk County Planning Commission is/are considered
to be a matter for local determination as there appears to be no significant county-wide or
inter-community impact(s). A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s) Municipal File Number(s)
Scavone, Frank 5212
Cassara, Ronald 5215
Benic, V and P 5220
Holley, Robert and Barbara 5222
Buckel, Charles and Maureen 5227
Ross,Nancy R. 5231
Pearce, Carol A. 5235
Jaeger, Patricia(J. Perlemuth) 5252
Jones, Rita M. 5253
Santacroce Jr., Henry F. 5261
Kirmish, John and Laurel 5263
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
G.\CCHORNYIZON ING\ZONING\WORKING\LD2003\MAR\IS5212.MAR
LOCATION MAILING ADDRESS
H LEE DENNISON BLDG -4T1-1 FLOOR ■ P 0 BOX 6100 ■ (51 6) 853-5190
I00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 I 6) 853-4044
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JANUARY 16, 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, Southold, New York 11971, on Thursday, January 16, 2003, at the time noted
below (or as soon thereafter as possible);
10:05 a.m. Appl No. 5253 - Rita M Jones. This is a request for a Variance under
Section 100-244B based on the Building Department's October 4, 2002 Notice of
Disapproval concerning proposed additions/alterations to the existing dwelling,
portions of which will be less than 10 feet from one side yard setback and less
than 25 ft. for total side setbacks. Location of Property: 1335 Island View Lane,
Greenport; Parcel 57-2-15.
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 Town Hall business days from (8:00 a.m. to 3:00
p.m.). If you have questions, please do not hesitate to call (631) 765-1809.
Dated: December 19, 2002. Southold Town Board of Appeals
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
(tel. 631-765-1809)
II
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: October 4, 2002
TO: Environment East A/C Jones
1335 Island View Lane
Greenport,NY 11944
Please take notice that your application dated October 4, 2002
For permit for additions and alterations to.an existing single family dwelling at
Location of property: 1335 Island View, Greenport,NY
County Tax Map No. 1000 - Section 57 Block 2 Lot 15
Is returned herewith and disapproved on the following grounds:
The proposed additions and alterations to this existing non-conforming single family dwelling, on a
14,140 square foot non-conforming lot in the Residential R-40 District 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 single side yard setback of 10 feet and a total side yard setback of 25 feet. The proposed
additions and alterations note a single side yard setback of 7.4 feet.
Total lot coverage, following the proposed additions/alterations,will be+/- 9,percent.
Authorized Sign. e
CC: file,Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application may require
further review by the Southold Town Building Department.
TOWN OF SOUTHO ) .4 .4; BUILDING PgINT APPLICATION CHECKLIST
BUILDING DEPART4ENT AIR ; Do yo or need the following,before applying?
TOWN HALL � Board of Health
SOU•I'HOLD,NY 119171 3 sets of Building Plans
TEL: 765-1802 t1 `' ` 'OLD Survey
PERMIT NO. Check
Septic Form
�a r N.Y.S.D.E.C.
Trustees
Examined ,20 . Contact:
Approved ,20 Mail to:
Disapproved a/c
Phone:
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date Oe o ,E(- , 3 , 20 0 2-
INSTRUCTIONS
a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans,accurate plot plan to scale.Fee according to schedule.
b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and waterways.
c.The work covered by this application may not be commenced before issuance of Building Permit.
• d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupancy
is issued by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws,Ordinances or
Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The
applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
t R.on rIn Ft1T t`C 1 NC-.
(Signature of applicant or name,if a corporation)
?-D • 8OX ter1 PEcoNkc, N`( UctS8
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder
( 3 RA COn3 ctz)(Z
Name of owner of premises I)on ikt-D F F. 4 KM-A . \jok)ES,
(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. 55562
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will be done:
1335 I sLANID Vitt Losci.16 GR QoRT
House Number Street Hamlet
County Tax Map No. 1000 Section 57 Block 0 2 Lot 1 5—
Subdivision Filed Map No. Lot
(Name)
2. State existing use and occupan remises and intertedt§e and-oec of proposed construction:
a. Existing use and occupan SIN btu rkm t L.`( 1 NIG'
b. Intended use and occupancy IJ GL.,e PhrncL`( D W ELL I N6-- w/ API)t T`to-X
3. Nature of work(check which applicable): New Building Addition ✓ Alteration
Repair Removal Demolition Other Work
(Description)
4. Estimated Cost 2.6- Fee
J U (to be paid on filing this application)
5. If dwelling, number of dwelling units I Number of dwelling units on each floor IUo4
If garage, number of cars NA
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. AM
7. Dimensions of existing structures, if any: Front 24.31
Rear (it•31 Depth 2 a,3
Height IS Number of Stories
Dimensions of same structure with alterations or additions: Front . 3 t Rear 24 3 i
,
Depth 39- ' 3 i Height IS(
Number of Stories I
1 i •
8. Dimensions of entire new construction: Front Id-0(
Rear VDepth 10� �i-D
Height IV-4,1' Number of Stories 1
I
9. Size of lot: Front +2 .50 Rear 70•IDE Depth 21 1• (`D5-.
10. Date of Purchase I 61, 14- Name of Former Owner 6O U C It 6 t •
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation:
13. Will lot be re-graded NO Will excess fill be removed from premises: YES 0
14. Names of Owner of premises RtTPc th• iES Address SI 4061� ST Phone No. 1 i 8-c49 4(oo3
Name of Architect Address EKL`('1 Phone No
Name of Contractor Address Phone No.
15. Is this property within 100 feet of a tidal wetland? *YES ✓ NO
• IF YES, SOUTHOLD TOWN TRUSTEES 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 c5U MI*
17 1a- S'1•Ex•rt Bo Ke 4. being duly sworn, deposes and says that(s)he is the applicant
(Name of individual si ij', •.•r. t above named,
(S)He is the G'EikNeRAL. C y i /CtoK
(Contractor,Agent, .rporate Officer, etc.)
of said owner . • • - -:, = ----• • -• • .- orm 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 before me this hh - ,'
reiPadrilhib
lday of 0�'�V 20 01"
lfr"tA JAA Ara,rfriebrim,
it.A Pu lic Signature of Applicant
JOYCE M.WILKINS
Notary Public,State of New York
No.4952246,Suffolk County
Term Expires June 12,Z.0 0'3
-141W'
�'h�-J) /V, '--APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
• ak- r_f J Z� --- - ------------ ---- - - -2_,ki t S-X4 o d , /0'c� -7 l C' ; 1 U
c I'UI OVice Cse On!)' J 77
Fee: $ I�j Filed 6y• ✓,t�tD-nn�--%f Fac Date Assigned/Assignment No 5aC� �C 12
Office Notes-
Parcel Location: House No.1335 Street 16/...AMD kkeiAl LANE Hamlet GR rO _ -
SCTlb1 1000 Section 57 Block02Lot(s) i 5 Lot Size 14) 140 Zone District K—ei O.
69 ft.
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING IN gg' P
DATED: JCICbBEEZ AI- W O2.
Applicant/Owner(s): F 17 M - e1 OtJaS.
Mailing
Address: 611 1J OBLZ (31-• BROOK L'-( rJ . Southold Town Clerk
Telephone: 7 l 8 - 34 " X067 d 3.
NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc.
Authorized Representative: P ifZ 5 t ou-c-E OV-c- B 0F4(-( or aJVo ina01-
Address: 1-O • (Box 191 PacpNIC ivi em-i, INC
Telephone: (03t- N4-7-1 -/4
Please specify who you wish correspondence to be mailed to, from the above listed names:
xApplicant/Owner(s) Authorized Representative ❑ Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED J UN-E 12
FOR:
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 Ord'nau a by numbers. Do not quote the code.
Article i 1 V Section 100- 12-1413 Subsection
Type of Appeal. An Appeal is made for:
7A Variance to the Zoning Code or Zoning Map.
❑ A Variance due to lack of access required by New York Town Law-Section 280-A.
CJ Interpretation of the Town Code, Article Section_
❑ Reversal or Other
A prior appeal❑ hasYhas not been made with respect to this property UNDER Appeal
No. Year
•
k .
REASONS FOR AREA VARIANCE ONLY(to be completed by applicant):
Do not use these standards for"use variance" or"special exception" (Also attach sheets if necessary, with
signatures.)
1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nerebv
properties, if granted BECAUSE: PRO?C-SED ADDtTI Ont W t N OT E.
ANY ct..ASER TD --i-k . SIDS *---/At0 Ttthti) TZ-t E pclST(A)G-
-14-o �S E .
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: —l{E uNUSAU..4 lJAczfZOvJ LOT
-f lk +e•zS O F -k A.DD tTt O,.
3. The amount of relief requested is not substantial BECAUSE: TI-te. SieetkCK REQUtRO (S
l0(-Ou AND t/JE iout-c) N 0 TD It FR1t CE O/'1LY 30V OR 'O
ACR.ass - t-t ct- rrtniE FOR A Stto.0 - of /1-(01t.
4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district BECAUSE: THS N Et6H13012.1 N G t-{DOSES A R6 STH'
W Citic N I O'-(D" OF ME., Pi oPe -r( LINES - r '—t),U ANO RE t ue-
- SU 11ttS ADDITION Rest- NIT ttil Camp,Rt3ct ID m E
5 Has the alleged difficulty been self-created? AIDJ Di"(N.)& PRoPE.t _TtE3 -
( ) Yes.
No.
6. 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
STATE OF NEW YORK)
COUNTY OF SUFFOLK) i 4
\4.A 5pltcant 1
Agent must attach written consent from owner
Sworn to before me this
day of . , 2002.
Or.ry Public
D:\DATA\REAL\FORMSV BA.API' J
Nct:ry Put .1 York
No.4831. my
31,20 JANET E.STAPLES
kct ry Public,State of New Yak
t.o.4831949,Suffolk County
Cormnuion Wires Juy 31,lob
BOARD OF APPEALS : T F SOUTHOLDIIP
COUNTY OF SUF"IlklFOLK:STA E OF NEW YORK
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Application of ...t . m ,JO N E S
Property ID # ..��5 1 5uAnt D V (tom �-•h-N E Appeal Application (Continued)
REASONS FOR USE VARIANCE
57- 02. —1'S
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Continuation of Appeal Application for a Use Variance (when applicable):
For Each and Every Permitted Use under the Zoning Regulations for the Particular District
Where the Project is Located (please consult your attorney before completing):
(1) The applicant CANNOT realize a REASONABLE RETURN because: 11-t-E , 'iIT(DNI
C'AN Noi BE Con scRucTi D N EAR, TO S y. a-c-LA,v v s s o r no ,r es
PLACED IN) Tti'e c.StEE `/Af c .
(2) The HARDSHIP relates to the property and does not apply to a substantial portion of the
district or neighborhood because: -C-tAtS Lo-•r I S UNokSrekU2- N ARRO t J A P'J O.
INCLVUES A LARGE :oRTtO/\\ OF U/VeUtL.(J/\(3LE. (.4) -1-/AN 3S.
(3) The relief requested will not alter the essential CHARACTER of the neighborhood
because: Tt-{'� Pc4>,..IDIN i+`1G PROfPERznES kRE ALSO /`1/\R€ )
Ti-t- - a W LL I N)G-S O c kr2 S-CRU ecu RE S CA) -I-4t A F,E
ALs 0 LESS (% to'-c)'' FROM The- PRoPI T-{ LlaiG
(4) Has the alleged difficulty been self-created? ( ) Yes, or (>4 No.
(5) This is the MINIMUM that Is necessary and adequate, and at the same time will preserve
and protect the character of the neighborhood and the health, safety, and welfare of the
community because: ME FRo?osED AC)Dr,- ion W 1L— $E No
CLOSER Tb -j-tE FAROPEr L NS T tiv -re (s-7: S712oc l.)RP
(6) The spirit of the zoning ordinance will be observed.
(7) The public safety and welfare will be secured and substantial justice done.
' 41111101WWWWItii 7
ignature of Appellant or Authorized Agent)
Sworn to before me this
;l3 day of
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) ta; ui,
JANET E.STAPLES
:::3
Notary Public,S:::3 of r;ya c:'c
No.4831949,Sofio:c Goun;J
appli t:�rU July 31.20 Q �
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PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
Applicant(s) 12-t"(-lit f
I If building is existing and alterations/additions/renovations are proposed.
A Please give the dimensions and overall square footage of extensions beyond existing building.
Dimensions/size �Q -3` )4 i $t-dt
Square footage. 18 4 . 5 59 Fl
B Please give the dimensions and square footage of new proposed foundation areas which do not
extend beyond the existing building,
Dimensions/size. 0
Square footage. p
II If land is vacant:
Please give dimensions and overall square footage of new construction
Dimension/size N A
Square footage. A
Height of
III Purpose and use of new construction requested in this application S>cTSN totJ O F ext§A-7e-
SI GLL FAmDw NG - FAPA(Li Roots
IV Additional information about the surrounding contours or nearby buildings that relate to the difficulty
in meeting the code requirement(s)
V Please submit seven (7)photos/sets after staking corners of the proposed new constriction
7/02
Please note Further changes, after submitting the above information, must be placed in writing and may
require a new Notice of Disapproval to show changes to the initial plans If additional time is needed,
please contact our office, or please check with Building Department (765-1802) or Appeals Department
(765-1809) if you are not sure Thank you
SURVEY OF PROPERTY
AT
�,o ARSHAMOMOQUE
�� �' TOWN OF. SOUTHOLD
,�� � SUFFOLK COUNTY, N Y.
QG CO iSCALE 7102-15
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ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION " • ' • ' ' I 'S, P.C.
I' SECTION 7289 OF 1W NEV YORK STATE EDLCATION LAW. (63 `•7= � - ' %
Southold Town Board of Appeals January 11,2003
53095 Main Road
Southold,New York, 11971-0955
Richard Buckheit
David W. Bell
125 Prospect Place#5
Brooklyn,New York 11217
And
1375 Island View Lane
Greenport,New York 11944
We are in receipt of the notice of the Southold Board of Appeals meeting on January 16,2003 to hear the
request of Rita M.Jones,to build proposed additions/alterations to the existing dwelling at 1335 Island
View Lane,portions of which will be less than 10 feet from one side yard setback and less than 25 feet for
total side setbacks.
When Ms.Jones first told us of her desire to build an extension of her house,we asked to review the detail
plan before she submitted it for zoning board appeal review. We have not reviewed these plans. We are
concerned about the proximity of this planned addition due to the closeness of Ms.Jones' and our house.
We feel it is necessary to review these plans(to include windows, structure type and usage)before we
could agree to these changes in zoning. Due to the late notice of this meeting,we have been unable to
come to the Southold Town Hall to review any files available.
We request that the Board of Appeals adjourn this application for variance until we have reviewed these
detailed plans.
Thank you
David Bell and Richard Buckheit
CC Environment East,Inc.
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ELIZABETH A.NEVILLE / O*
1'/ Town Hall, 53095 Main Road
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TOWN CLERK o P.O. Box 1179
REGISTRAR OF VITAL STATISTICS :`0 ,i Southold, New York 11971
MARRIAGE OFFICER 4; -i Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER .__wel .0����0 0iFax
(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
DATED: November 14, 2002
RE: Zoning Appeal No. 5253
Transmitted herewith is Zoning Appeals No. 5253—Rita M. Jones -Zoning Board of Appeals
application for variance. Also included is reasons for variance, applicant transactional disclosure
form,project description, notice of disapproval, authorization letter from Rita Jones, survey, and
plans.
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOUR NAME. 4't 6-CO07 SO G-a FOR C:lv kIZOOMOJT (54 INC
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company If so, indicate the
other person or company name )
NATURE OF APPLICATION. (Check all that apply)
Tax Grievance
Variance
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
If"Other",
name the activity
Do you personally, (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes by
blood, marriage, or business interest. "Business interest" means a business, including a
partnership, in which the Town officer or employee has even a partial ownership of (or
employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares
YES NO
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of SoutholdP -G- ' lc t<f✓( O/.) •
Title or position of that person "TOW tT R Us TE.E•
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the
space provided
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply)
A)the owner of greater than 5%of the shares of the corporate stock
of the applicant (when the applicant is a corporation),
B)the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation),
C) an officer, director, partner, or employee of the applicant, or
D)the actual applicant
DESCRIPTION OF RELATIONSHIP
S lsT�(Z
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To Whom It May Concern:
I, Rflit . `TOK .C—S authorize
Environment East, Inc. to act as my agent in appling
for permits to construct all icaaI On .
on my property at l 35 I S L ar ck V( W W -Q
Signed : .. 3 ,,
Owner
Including: NYS Dept . of Environ. Conserv.
US Army Corps of Engineers
Town of �IlireibCk lq__
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I rp 06) FORM NO. 3 OCT
NOTICE OF DISAPPROVAL
DATE: October 4, 2002
TO: Environment East AIC Jones
1335 Island View Lane
Greenport,NY 11944
Please take notice that your application dated October 4, 2002
For permit for additions and alterations to an existing single family dwelling at
Location of property: 1335 Island View, Greenport,NY
County Tax Map No. 1000 - Section 57 Block 2 Lot 15
Is returned herewith and disapproved on the following grounds:
The proposed additions and alterations to this existing non-conforming single family dwelling, on a
14,140 square foot non-conforming lot in the Residential R-40 District 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 single side yard setback of 10 feet and a total side yard setback of 25 feet. The proposed
additions and alterations note a single side yard setback of 7.4 feet.
Total lot coverage, following the proposed additions/alterations, will be+/- 9 percent.
Authoriz-+ `ignature
CC: file, Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application may require
further review by the Southold Town Building Department.
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Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 11/14/02 Receipt#: 26677
Transaction(s): Subtotal
1 Application Fees $150.00
Check#: 26677 Total Paid: $150.00
Name: Jones, Rita
P.o. Box 407
Island View La.
Southold, N.y. 11971
Clerk ID: LYNDAB Internal ID:64083
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TOWN OF SOUTHOLD PROPERTY RECORD CARD ti _ sir •
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OWNER STREET j s 3,5 VILLAGE DIST. SUB. LOT
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FORMER OWNER
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S TYPE OF BUILDING
t ic-,A oc kt,' 1-91 0/4; ALT( 0 vci kY INA
RES. ECri
v.266 VL. FARM COMM. CB. MICS. " Mkt. Value
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LAND IMP. TOTAL DATE REMARKSeo ; ,. , 14- , , f., , ,,; ,,, ,, . a
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AGE BUILDING CONDITION
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Acre rff 2
Tillable FRONTAGE ON WATER 7 61
Woodland FRONTAGE ON ROAD /
Meadowland DEPTH 47, 96
tlouse Plot _ BULKHEAD
Total. DOCK
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Page 23
January 16, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
MR. FEILER: Such as a smaller additions to make it work with a 5' allowable on the east side.
It's hardly useful at all especially with a porch on that side. It's really a walkway, a big open
walkway and it is probably out of scale that type of undersized porch.
MEMBER HORNING: For example you could put that on the north side?
MR. FEILER: That's a design we explored, it's still not an acceptable or workable situation with
the kitchen and everything else that's going on and roof lines and everything else that's going on
into this house. It's really the only natural alternative.
CHAIRWOMAN: Mr. Goehringer.
MEMBER GOEHRINGER: I know the house very well, I go by it many times a day and I have
to tell you that the plan looks pretty acceptable. I think you did a good job.
CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against
the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until
later.
PLEASE SEE MINUTES FOR RESOLUTION
*****
10:45 am Appl. No. 5253 -RITA M. JONES. This is a request for a variance under section
244B,based on the Building Department's October 16, 2002 Notice of Disapproval concerning
proposed additions/alterations to the existing dwelling, portions of which will be less than 10'
from one side yard setback and less than 25' for total side setbacks. Location of property: 1335
Island View Lane, Greenport 57-2-15.
CHAIRWOMAN: Is someone here who would like to speak on behalf of the application?
PETER STOUTENBURG: I'm Peter Stoutenburg, the agent for Mrs. Jones and here to take any
questions. We did get a letter from a neighbor. I don't know if you have a copy, I made one for
you if you didn't.
CHAIRWOMAN: Yes we received it.
MR. STOUTENBURG: I tried to get a hold of Mrs. Jones this morning after I picked up the
letter to see if it would be okay with her to get a copy of the plans if the board felt it necessary to
show the neighbor what she's proposing. Since we weren't filing for a building permit until we
got your approval, we don't have a complete set of plans but we have a little elevation of what
this one story addition would look like.
CHAIRWOMAN: It looks like you have a L-shaped house and you're trying to square it off.
That's a 1-story addition because you already have a- are there any questions, Mr. Horning?
Page 23 of 128
Page 24
January 16, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
MEMBER HORNING: No.
CHAIRWOMAN: Mr. Goehringer?
MEMBER GOEHRINGER: Peter, in the plan,putting a reverse gable and it's still 1-story. It
does not go any higher than the original ridge of the house. Is that correct?
MR. STOUTENBURG: Yes.
MEMBER GOEHRINGER: Will that intrude, I know it's exempt but will it intrude into the side
yard at all?
MR. STOUTENBURG: It matches the existing overhang.
MEMBER GOEHRINGER: All in all it's a fill-in situation.
MR. STOUTENBURG: Yes.
CHAIRWOMAN: Mr. Orlando.
MEMBER ORLANDO: No questions.
CHAIRWOMAN: Ms. Oliva.
MEMBER OLIVA: No questions.
CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against
the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until
later.
PLEASE SEE MINUTES FOR RESOLUTION
*****
10:49 am Appl. No. 5240 - SCOTT & JULIA OSLER. This is a request for a variance under
section 242A, based on the Building Department's October 9, 2002, amended December 16,
2002,Notice of Disapproval, concerning proposed additions/alterations to the existing dwelling,
portions of which will be less than 15' from the side property line, and less than 35' total side
yards, on this 25,003 sq. ft. nonconforming sized parcel. Location of property: 2145 Haywaters
Road, Cutchogue 111-7-3.
CHAIRWOMAN: Is someone here who would like to speak on behalf of the application?
MR. OSLER: My name is Scott Osler. My wife wants me to give you the certified mail receipts
from people we sent letters to. Before these were sent we were trying to be proactive and we
went to all of our neighbors and we reviewed all our drawings with them, and they reviewed it
Page 24 of 128
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD.NEW YORK
x
In the Matter of the Application of
AFFIDAVIT
1R i-A m . `101S ' OF
(Name of Applicants) MAILINGS
CTM Parcel #1000- 57 -2, _ is-.
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I. ?e-Tb--R Stou 18uRc tresiding at 2885 r NOI k,..)
LASE 1 PEcoNrc- , New York, being duly sworn, depose and say that:
On the `Z day of )°' 1, , 2003 I personally mailed at the
United States Post Office inc.1/4- r.o--r.v , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in prepaid envelopes addressed to current owners shown on the current
assessment roll verified from the official records on file with the ( ) Assessors, or
( ) County Real Property Office Sc� .-E4 , for every
property which abuts and is across a public or private street, or vehicular right-of-
way of record, surrounding the appli cam- property.
4411.401141141,-
(Signature)
ri1(Signature)
Sworn to before me this , ,.,
• Zi d day of Tan u ar/ , 2003_ r. TE Q ,";'ORK
0/77/lo -1-1 62?l _12 . , l�ii.d��/[S��UFFOLt:.``C'` D
(Notary Public)
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.
R ICkE'k f U
I25 PRose€cv pt...kce. •
AP-t-• s•
8koOt<L..1{ N
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51 - '2- - 1(0 G • rn Er\G e.s 4 nn . nel E s.
( 2t sm-gc..i)C PLACE
44 4
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51- 2- ¢2• (, Ec, utN LATsoki
t 4 S t SL,k-Nio Elio me--
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51 -2- a/. 1 . 37-44 - rvl vu-etot-L- O c v ( r•)G- -mos •
-T 25 lS( N O UEsuj
(2 EES Po R
N `1 ltc1ss
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. 0 Agent
• Print your name and address on the reverse X ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. D to o Delivery
IN Attach this card to the back of the mailpiece,
or on the front if space permits. � 3' 3
D. Is delivery address different from item 111? 0 Yes
1 Article Addressed to: If YES,enter delivery address below. 0 No
Dui N LATS aNI
14ct 5 (Anti
3. Service Type
N \-1 I l L 44- '$4ertified Mail 0 Express Mail
❑ Registered 0 Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7 p 99.3'f02)Oat 7S-42-1 /f/9
(Transfer from service label) (•
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-083=
UNITED STATES POSTAL SERVICE First-Class Mail
11 11 Postage&Fees Paid
USPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
eN ( (:)4 m er.\\Z 'T
'P- o • sox I c.7 .
N \-1 < < 'i58
zmisigaigefiglianiatm„s:fget• • trgiit txir u .rrrrer emaamni�:�-
• Complete items 1,2,and 3.Also complete A• S"• ��
item 4 if Restricted Delivery is desired. ❑Agent
• Print your name and address on the reverse
Addressee
so that we can return the card to you. ReCeiv=.tea "(• int-.Name)/ C. at of De ivery
P
• Attach this card to the back of the mailpiece
or on the front if space permits.
D. Is delivery address. erent from item ❑ es
1 Article Addressed to: If YES,enter delivery address belo . 0 No
- ON RS- S 1KA-S-
2.0
lsZU F Ar KLA A coo t -c
lam/C(z-DeA c l 3. Service Type
c
lg-Certified Mail 0 Express Mail
N \ r I 0 Registered 0 Return Receipt for Merchandise
`� ❑ Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
(Transfer from service label) 7-0q ct 3 9
Q o U t 7 6 a-a s/
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-0835
UNITED STATES POSTAL SERVI r' SLA \ 1111.111111111.1 V'
• Sender: Please print,yourname, address,-and ZiP*4 in tta+s box• -.
1 120N M-el\ST
EAC l k\G
ZAZI7g:ifill TI7gaIaiIdLMIX•Ripm Milat1271141rN1c11:LIM rcOMLMuMr1r»:e-
■ Complete items 1,2,and 3.Also complete A. Sig :ture
item 4 if Restricted Delivery is desired. 0 Agent
• Print your name and address on the reverse X �C ___ -.-- 0 Addressee
so that we can return the card to you. B. Rece ed by(Printed ) C. Dat: o Delivery
• Attach this card to the back of the mailpiece, \
or on the front if space permits. 1
D. Is delivery address different from item 1? 0 Yes
1 Article Addressed to: If YES,enter delivery address below 0 No
TM CD - I.L-C
6 l4 Ci itez.crikce VI LLkkE-
Sour4 )R`{ CT 3. S ice Type
ertified Mail 0 Express Mail
V
9�/v,4-$8 0 Registered 0 Return Receipt for Merchandise
� 0 Insured Mail 0 C.O.D.
• 4 Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 74599 3 Lt0 L C ` 1 T 6 :,1
(Transfer from service label) C1i C'C.3
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-0835
moo
UNITED STATES POSTAL SE VtcE First-Nass Mail
j Postage&Fees Paid
USPS
Permit No.G-10
• Sender: Please pririt your name, address, and ZIP+4 in this box •
P-0 • B ( e,-7.
s tuff►.»►alar.►Figyx.nceffolMaga►i.r I•
• Complete items 1,2,and 3.Also complete A. ••n. e
item 4 if Restricted Delivery is desired. 4� 0 Agent
• Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) 11 D e f D i
• Attach this card to the back of the mailpiece, p_
or on the front if space permits. `'�
D. Is delivery address different from item 1? 0 Yes
1 Article Addressed to: If YES,enter delivery address below- 0 No
CARIE%,zikee-TIA BA
o • 66)e l22
CD N1w&Ll. Q(Z(D -E
f� -7 3. Service Type
C-C' v� 54- 'IS-Certified Mail 0 Express Mail
❑ Registered 0 Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
4 Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
(Transfer from service label) ?a 7 p 9
39 C5 QQ r c,Zs 0 'l,
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-083:=
UNITED STATES POSTAL SERVICEji
l /00011111111 .1„ - •
• Sender: Please print ur..name (press, and ZIP*4 In this l€-' -A-•
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ZONING BOARD OF APPEALS •
TOWN OF SOUTHOLD'NEW YORK
x
In the Matter of the Application of
AFFIDAVIT
lk Ccilc M \I b ry ES OF SIGN
(Name of Applicant) POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 5-1 - 2 - I s •
x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
1,
`S T'b°t€/43v re d g at
, New York, being duly sworn, depose and say that:
On the 3 day of T-r�7c..twv.•3, , 200 3, I personally placed the
Town's official Poster, with the date of hearing and nature of my application
noted thereon, securely upon my property, located ten (10) feet or closer from
the street or right-of-way (driveway entrance) -facing the street or facing each
street or right-of-way entrance;* and that
I hereby confirm that the Poster has remained in place for seven days
prior to the date of the subject hearing e, w was shown to be
to
(Signature)
Sworn to before me this
'- day of ifrx.1 , 2003'
Notary pubic,State of New York
� Q�� z No a�'22563,Suff &
(Nota y Public) Tc-rrr; 4i.:6131ejLIT ;;;
*near the entrance or driveway entrance of my property, as the area most visible
to passersby.
L1
-
LEGAL NOTICE
SOUTHOLD TOWN
BOARD OF APPEALS STATE OF NEW YORK)
THURSDAY,JANUARY 16,2003
PUBLIC HEARINGS )SS:
NOTICE is HEREBY GIVEN, pur- SUFF LIC)
suant to Section 267 of the Town Law
and Chapter 100(Zoning),Code of the ,,.9.d/ ,r/� .6�� of Mattituck, in said
Town of Southold,the following public county, being duly sworn, says that he/she is
hearings will' be held by the Principal clerk of THE SUFFOLK TIMES, a
SOUTHOLD TOWN BOARD OF p weekly
APPEALS at the Town Hall, 53095 newspaper, published at Mattituck, in the Town of
Main Road,Southold,New York 11971, Southold, County of Suffolk and State of New York,
on Thursday, January 16, 2003, at the
times noted below(or as soon thereafter and that the Notice of which the annexed is a printed
as possible); copy, has been regularly published in said Newspaper
'� . once each week for weeks succes-
10:05 a.m.Appl No.5253-Rita M.
Jones. This is a request for a Variance sively, commencing on the /7 day
under Section 100-2445 based on the of ,D6---G— 20#.2i
•
Building Department's October 4,2002 .'
Notice of Disapproval concerning pro-
posed additions/alterations to the exist-
ing dwelling,portions of which will a
I less than 10 feet from one side yard set- ' rineipal Clerk
back and less than 25 ft. for total side
setbacks. Location of Property: 1335 /�
Island View Lane,Greenport;Parcel 57- Sworn to befpre me this
2-15.
day of G 200 dZ
10:10 a.m. Appl No. 5240 - Scott.
and JuliVariance
Osler.Thiso is a request foraa r /� n r,/) ,
Variange under Sections 100-342A and t ! e�/t .�(.L(,C
-100-244, based on the Building 1 LAURA E. BONDARCHUK
Department's Notice of Disapproval Notary Public, State of New York
dated October 9, 2002, amended No 01606067958
December 16, 2002,`concerning pro- QS
posed additions/alterations to the exist- Qualified in Suffolk County
ing dwelling,portions of which will be My Commission Expires Dec.24, 20—
less than 15 feet from the side property
line,and less than 35 ft.total side yards,
on this 25,003 sq. ft. nonconforming
sized parcel.Location of Property 2145
Haywaters Road, Cutchogue; Parcel r
1000-111-7-3.
10:20 a.m.Appl No. 5250-J. and-0-.
Carol Brady Herzog.This is a request - -
for Variances under Sections 100-244B .
and 239.4B, based on the Building
Department's October 15,2002 Notice
of Disapproval concerning proposed
additions/alterations to the existing
dwelling with:(a)a front setback at less
•
than 40 feet, (b)proposed rear yard set-
back at less than 35 feet, and (c) less
than 75 feet from the bulkhead at its
closest points.Location of Property:250
I Williamsburg Drive, Southold; Parcel
1000-78-5-8. -
10:30 a.m.Appl No.5246-Namrog
Holding Corp.This is a request for a
Variance under Section 100-244B,
based on the Building Department's
October 2,2002 Notice of Disapproval
r concerning_-a- proposed-second-story+._-
addition and porch addition,portions of
which will be less than 15 feet at its
closest point to a side property line.
Location of Property:1935 Laurel Way,
Mattituck;Parcel 1000-121-4-22.
10:40 a.m.Appl No.5233-Joseph J.
Snellenburg. This is a'request for a
Variance under Section 100-31A,based
' on the .Building Department's
September 20, 2002 Notice of
Disapproval, concerning applicant's
request to amend B.P. #28632-Z for a
proposed bathroom addition in an acces-
sory garage building, at 1935 Old
Woods Path,Southold;Parcel 1000-87-
, 2-21.
10:45 a.m.Apps No. 5221 -Daniel
Henn.This is a request for a Variance
under Section 100-30A.4,based on the