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V APPEALS BOARD MEMBERS _APPEAL0004
S �(�y Southold Town Hall
� .Lydia A. Tor/ora, Chairwoman ; 53095 Main Road
Gerard P. Goehringer ; H Z ; P.O. Box 1179
George Horning O .F pt Southold,New York 11971-0959
V
` Ruth D. Oliva =y�ipl 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 5263 - John and Laurel Kirmish.
Property Location 15955 Main Road, Mattituck, Parcel 1000-115-1-6
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 30,250 sq. ft. parcel is located on the
north side of Main Road (S.R. 25) in Mattituck, and is improved with a 1-1/2 story frame
house with wooden deck, and accessory swimming pool in the rear yard, as shown on the
survey dated July 3, 1990, updated June 21, 2002, prepared by John Metzger, L.S. •
BASIS OF APPLICATION: Code Section 100-2448, based on the Building Department's
October 24, 2002 Notice of Disapproval denying a permit to construct additions to an
existing single family dwelling at less than 15 feet on a single side yard setback, and less
than 35 feet for total side setbacks.
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: Applicants proposed a 8'x12' one-story
addition, 8' open porch addition, and 8'x14' one-story addition as shown on the plot plan
prepared by Donald G. Feiler, Architect dated 10/18/02. The proposed setbacks of the
new construction are shown at 11.7' from the west side and 20.7' from the east side, at the
closest points.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Grant of the area variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The applicant's house is in an area
of homes that are larger two-story houses along State Highway Route 25. The existing
11'6" (11.5 ft.) side yard setback on the west side will remain the same and the east side
,
Page 2—January 23, ____
Appl No. 5263—John Kirmisch
115-1-6 at Mattituck '
•
will be setback at a minimum of 20.7 ft. The additions are minor in nature without
producing a visual impact to nearby properties.
2 The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area variance The lot is particularly narrow and
long, which leaves the side yards without room for expansion, unless this variance is
granted.
3. The variance granted herein is not substantial. The proposed setbacks of the additions
is minimal with a reduction of 2'11" from the code required 35 ft. side yard total.
4 The difficulty was self-created because the property was purchased with the limited side
yard areas.
5. There is no evidence that the grant of the variance will have an adverse effect or impact
on physical or environmental conditions in the neighborhood or district. The west side will
require a modest variance, and the proposed addition will not extend beyond the existing
driveway. The adjacent property also has a driveway separation between the two
buildings.
6. Grant of the requested variance is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of additions, while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member Orlando,
seconded by Member Goehringer, and duly carried to
GRANT the Variance as applied for and shown on the plan prepared by Donald G.
Feiler, Architect, dated 10-18-02.
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando.
of Fishers Island was absent.) This Resol '_ - - adopted (4-0).
RECEIVED AI`. D reI -7 I ,v. -- -if'-°-‘-
TEE SOUTECLD r-�;i,j; �;�_1: _ Lydi- A. Tortora, Chairwoman—Approved for Filing
D-: , 3 s" �d 1
F-,�Rm 3/ if
/03
T
N •
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);
9:55 a.m. Appl No. 5263 - John and Laurel Kirmish. This is a request for a
Variance under Section 244B based on the Building Department's October 24,
2002 Notice of Disapproval to make additions and alterations to an existing
single family dwelling at less than 15 feet on a single side yard setback, and less
than 35 feet for total side setbacks. Location of Property: 15955 Main Road,
Mattituck; Parcel 1000-115-1-6.
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)
FORM NO. 3 1�0V 4
•
NOTICE OF DISAPPROVAL
DATE: October 24, 2002
TO: Donald Feiler A/C Kirmish
11723 Main Road
Mattituck,NY 11952
Please take notice that your application dated October 23, 2002
For permit to make additions and alterations to an existing single family dwelling at
Location of property: 15955 Main Road, Mattituck, NY
County Tax Map No. 1000 - Section 115 Block 1 Lot 6
Is returned herewith and disapproved on the following grounds:
The proposed additions and alterations to an existing single family dwelling, on a non-conforming
30,250 square foot lot in the Residential R-40 District, are not permitted pursuant to Article XXIV
Section 100-244B which states that on parcels, measuring between 20,000 and 39,999 square feet in
size,require a minimum single side yard setback of 15 feet, and a total side yard setback gf 35 feet.
Following the proposed additions and alterations, the single family dwelling will have a single side
yard setback of 11.6 feet, and a total side yard setback of 32.1 feet.
Total lot co - e, fe : g the proposed additions and alterations, will be+/- 12 percent.
OOP
u i . 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.
/OWN-OF'SOUTHOLD • • BUILDIN ERMIT APPLICATION CHECKLIST
BUILDING DEPARTMENT D„, a have or need the following,before applying?
TOWN HALL Board of Health
SOUTIIOLD, NY 11971 3 sets of Building Plans
TEL: (631) 765-1802 Planning Board approval
FAX: (631) 765-9502 Survey
PERMIT NO. Check
Septic Form
N.Y.S.D.E.C.
Trustees
Examined , 20 Contact: D. FSI LSi�
Approved 20 Mail to: &X l(cF 2.
Disapproved a/c OAT ?P"f t C.IL
Ar Phone: 2.$ — 5yr3
Expiration , 20
'uildin, Spector
'', APPLICATION FOR BUILDING PERMIT
es 0
Date , 20
INSTRUCTIONS
4
a. This application MUST be completely filled in by typewriter or in.ink did 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 Belding 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 thg 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.
(Signa applicant or name,if a corporation)
P4 O s miotic I / zMarr i izx.K.
(Mailing address of/applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder
Agr--fk
Name of owner of premises 30H N t Ki ram 1,5 N JP ' L A►U R Lam.. k I R-1h 154{
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
l Location of land on which proposed work will be done:
15 9 55 rNiA N POA n *1"I 7UC.L
House Number Street Hamlet
County Tax Map No. 1000 Section 115 Block (71 Lot 0 G
Subdivision Filed Map No. Lot
(Name)
2. State existing use and occupancy 01 premises and intended use and occupan ) of proposed construction:
a. Existing use and occupancy 5i N e Lib ***MA? gas4151 y$CE
,
b. Intended use and occupancy
3. Nature of work(check which applicable): New Building Addition k Alteration
Repair Removal Demolition Other Work
(Description)
4. Estimated Cost 400 000 . Fee
(To be paid on filing this application)
5. If dwelling, number of dwelling units 1 Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. —
7. Dimensions of existing structures, if any: Front 3�
C• Rear 3G Depth 3o
Height 24' Number of Stories 11/0.
Dimensions of same structure with alterations or additions: Front 44, Rear 441
Depth 38 t Height 24., Number of Stories I '/2,
8. Dimensions of entire new construction: Front 8. Rear e' 1 Depth 12
Height /`/ Number of Stories ►
9. Size of lot: Front 11 • Rear 1'5 • Depth 1'00 i
10. Date of Purchase Name of Former Owner 12° ll'C li 2i V i4J 12LiT 1<O b .t
11. Zone or use district in which premises are situated AC
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO
13. Will lot be re-graded?YES NO )C Will excess fill be removed from premises? YES NO
14. Names of Owner of premises S 4. 141121m154 Address Nowt Do rY I rr1 ruc .Phone No. 29 a • 19 5
Name of Architect VoNduO C .1=5 i urs Address " " Phone No Vi 8 • 545 3
Name of Contractor -kw,N k-1(a01 t`54 Address a Phone No. 24 8 • 19 t&
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X
* 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 x
* 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 OOW V 1,L(4—
Vbi4412 • fel Lev- being duly sworn, deposes andsays that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the 4'i 1(r
(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 U Ct 20 0 Z—
r , 0,
-Y-- LAI--...----- )',.,_ ,4----2--
Notary�Public Signatur o Applicant
WANE v.oIIOWN
Notary Milo.
No.d90i"112Now Yak
Quailed h Whit County
Commission Evrilres Oct.19,ck
/te. //TO,' , . y1
For Office Use Only: Fee$
Assigned No. ,jd k 31 �1,`
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
DATE OF BUILDING INSPECTOR'S DECISION APPEALED. �,� I rot i514-
�o u-IJ A ISD
TO THE ZONING BOARD OF APPEALS: I (We0641t9t
i lofasm CJr.1 A ipa�3 M A 1r l`CuG ��q`S (Appellant)
ppellant) (Tel #
HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DATED ....
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR:
(x) Permit to Build
( ) Permit for Occupancy
( ) Permit to Use
( ) Permit for As-Built
( ) Other.
1. Location of Property 159 55 14 b.t 4 Ro A-0 M.P.,T Iv Zone R 80
District 1000 Section..l a...Block a ' Lot(s) °6 Current Owner Jo IA 4 Latutmi. KI kowsc4
2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection
and paragraph of Zoning Ordnance by numbers. Do not quote the law.)
Article . 4. Section 100- 244 Sub-Section 13
3. Type of Appeal. Appeal is made herewith for:
(k) A Variance to the Zoning Ordinance or Zoning Map
( ) A Variance due to lack of access as required by New York Town,Law
Chap. 62, Cons. Laws Art. 16, Section 280-A.
( ) Interpretation of Article Section 100-
( ) Reversal or Other:
4. Previous Appeal. A previous appeal -flies} (has.not) been made with respect to this
property or with respect to this decision of the Building Inspector (Appeal # Year )
REASONS FOR APPEAL (Additional sheets may be used with applicant's sianature):
AREA VARIANCE REASONS: -
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood
or a detriment to nearby properties, if granted, because: 11415 $u I 1-01 NC, Is Tl+E SMPLLB-%-
PND 11E- dN 01' I Slz)g-Y H-005 E d oG T1-}C Lpe-c. — 2 STOR-y woos g.s 1 N -1N'E
PJ- • 11-AE Pf2opor>>ap1149017"Iort I01Plea k/ 1T5 (PLPirv) PPP p N A+�o scQL��
Wl+ILe $E1 Na aPPRoPR-t�Te -to ITS 50R ooIJ01NCS5
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible
for the applicant to pursue, other than an area variance, because:
TI f 2.gmM D I TiON Cp.N OP' tsr Pim A.pp p rc, 7-Hg. I$Oo TN W u-sT si OE.
714E fife( jooM >}.' 1.4124 -Agoo }SDRC-H CA•N ONL' 16C .wizo Ta v4FJT `l OE .
(3) The amount of relief requested is not substantial because: '+E pRopoSEp 8' 40P nota
W11.1. 112. 5uLT IN b. 32 .3' ToTPI SIOE'1'p!2Q (35' r)iit i. REQ'D) Ce AN 8% INq -pSE .
(4) The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because: -rtg We-sr s,ot. w,«
NOT INclzeP 114 NON CbNFD-r4Ih1C/ I 1' t= • -RE 6PS-1- SI(2E•
FOPo5o - 20.7' (A,tbu - IN EVcU OF 71{C MiN, rv)2 ONE S/OE 1000 (15')
(5) Has the alleged difficulty been self-created? ( ) Yes, or (.x) No. 'PP€.wisnN�_tsIcoNF4,,tin11v
This is the MINIMUM that is necessary and adequate, and at the same time preserve and
protect the character of the neighborhood and the health, safety, and welfare of the
community.
( ) Check this box if USE VARIANCE STAND liare completed a attached.
/ / •
Sworn to before me this (Signature of Ap• - ant or Authorized Agent)
-741 day of 1.YO..0 e-✓, 2001. (Agent must submit Authorization from Owner)
Notary Pub c
ZBA App 00 AN'F WIPPERT
Notary Public,State of New York
No. 01WI4884083
Qualified in Suffolk County
Commission Expires April 13,j '°3
ir i sh
,Qoc ;��4 , ‘ TOWN OF SOUTHOLD PROPERTY RECORD CARD 7P- 7
OWNER STREET 15955 VILLAGE DISTRICT SUB: LOT
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rFq ER OvNER �i.�+kbSk� w-� N E ACREAGE & I
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34 �pi ° 0--. l_. S n)(/?J;1 L /��'( W/n s. _ TYPE OFFBB�UILDING
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RES./O SEAS. VL. FARM COMM. IND. y CB. MISC.
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G 6 53 s-7 0 0 , , 9 %a11. Fo-Se.4 190515- CVn,514 () cTz.-c. (;; re-.° x, ,•1; 1, - a 4 a
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Farm Acre Value Per Acre Value///a6/0/ /3,47W70 33 deck_ 4/40,` CA 7a")--`I
T1le 1 8.6i tS`:. - ,-
Tillable 2
Ti I lae, 3
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SUFFOLK 'COUNTY, N. Y. s .\ ‘
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JUNE 2/, 2002 ! revision J i?v AL Y.& LIC NO. 48818
PECOMC S ,-VEYORA PC
63Vx06020 FAX(556 765- 1787
Pa BOX1730 TRAVELER STREET
♦ t 'Vision B/0/710 SOUTHOta Kr 11871
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ZONING BOARD OF APPEALS >
TOWN OF SOUTHOLD:NEW YORK
--------------------------------------------------- -x
In the Matter of the Application of
AFFIDAVIT
ioH N A- -Potzea- - 9-rntS i4 OF SIGN
(Name of Applicant) POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 115 - I - 6,
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, too Fy, o Lam- residing at &COOLER 5U u6-12`1
rin.p,r-�1-iCr---- , New York, being duly sworn, depose and say that:
On the 11* day of DecvrntefL, 200$,, 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 ha remaine 'n place for seven days •
prior to the date of the subject hearing d e whi '~ig a was shown to be
Casa nature)
Sworn to befor- me this
/G day of I. , 200.3
/r JOYCE M.WILKINS
Notary Public,State of New York
No.4952246,Suffolk County
kr, _ L L.., _ Term Expires June 12,,,003
( otary Public)
*near the entrance or driveway entrance of my property, as the area most visible
to passersby.
° ILS/
COUNTY OF SUFFOLK
RECEIVED
-1>i<
MAR 2 8 2003
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
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LOCATION MAILING ADDRESS
H LEE DENNISON BLDG -4T1-1FLOOR ■ P 0 BOX 6100 ■ (516) 853-5190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER(51 6) 853-4044
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March 19, 2003
Mr. Gerald G. Newman, Chief Planner
Suffolk County Department of Planning
P. 0. 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. — #5263 John and Laurel Kirmish
Action Requested: Additions and alterations to existing single family dwelling
Within 500 feet of: ( X ) State or County Road
( ) 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
i • OFFICE OF
•
ONING BOARD OF APPEAL:
53095 Main Road
Southold, NY 11971
Email addresses: Linda.KowalskiATown.Southold.ny.us or
Paula.OuintieriATown.Southold.nv.us
http://southoldtown.northfork.net
(631) 765-1809 fax (631)765-9064
FAX TRANSMISSION
FAX# 2ff /3t()
ATTN: 49.24 _4�.4) &i J DATE: 3/ 7 /200
I
REF:
MESSAGE: �,ae� //.2
thjo p7
tae-tey.0
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:
- • ,�,,,,,,,
APPEALS BOARD MEMBERS '�•I���SVFfU(�►c
P�•• o •44 4 Southold Town Hall
Lydia A. Tortora, Chairwoman ? , ` 53095 Main Road
Gerard P. Goehringer ; H Z P.O. Box 1179
George Horning O .F+�� Southold,New York 11971-0959
Ruth D. Oliva ‘;-41 aO�l��� ZBA Fax(631)765-9064
Vincent Orlando = 1 * ';
• ITRANSMISSION VERIFICATION REPORT•
TIME : 03/07/2003 14:11
DATE,TIME 03/07 14:08
FAX NO. /NAME 2981380
DURATION 00:03:00
PAGE(S) 04
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_AM
I�i%SUFFOUrj,
ELIZABETH A. NEVILLE �111.°4°
,�O O* \ Town Hall, 53095 Main Road
TOWN CLERK o P.O. Box 1179
REGISTRAR OF VITAL STATISTICS % Southold, New York 11971
MARRIAGE OFFICER `..01,iL l �1�, Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER =__-'/Q! jli .. �gi" 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
DATED: November 18, 2002
RE: Zoning Appeal No. 5263
Transmitted herewith is Zoning Appeals No. 5263 —John & Laurel Kirmish -Zoning Board
of Appeals application for variance. Also included is a letter from Donald Feiler, ZBA reply
form,plot plan, survey ZBA questionnaire, applicant transactional disclosure form, and plans.
DONALD G. FEILER • ARCHITECT
11725 Main Rd•Box 1692•Mattituck,NY 11952•631 298 5453•Fax 298 1380
November 12, 2002 NOV 1 4
Mr. Gerard P. Goehringer, Chairman
Southold Town Zoning Board of Appeals
Town Hall, Main Road, Southold, NY
Re: Proposed Addition to the Kirmish Residence
15955 Main Road, Mattituck, New York
SCTM 1000 - 115 - 01 -06
Dear Mr. Goehringer:
Enclosed is a variance application for the above mentioned project, which is an
existing 1-1/2 story single family dwelling. Proposed improvements include one
story additions to the Dining Room, Bedroom and a new wrap-around open
Porch, as shown on Architectural Sketch Plan.
The project as proposed will require relief of the minimum sideyard and total
sideyard setback dimensions as per Article 24, Section 100 - 244 B.
Also enclosed are the following:
Building Department Notice of Disapproval - October 24, 2002
Application for Building Permit - October 23, 2002
Architectural Sketch Plan - June 19, 2002
Survey - June 21, 2002
Plot Plan - November 18, 2002
Thank you for your attention into this matter.
c
Donald . ei er
DONALD G. FEILER • ARCHITECT
11725 Main Rd•Box 1692•Mattituck,NY 11952•631 2985453•Fax 2981380
November 7, 2002
Mr. Gerard P. Goehringer, Chairman RecF/Vet)
Southold Town Zoning Board of Appeals
Town Hall, Main Road, Southold, NY �dL' / 4 2L'
Z
Sowh pfd
Re: Proposed Addition to the Kirmish Residence Tow
15955 Main Road, Mattituck, New York n C/��k
SCTM 1000 - 115 - 01 -06
Dear Mr. Goehringer:
Enclosed is a variance application for the above mentioned project, which is an
existing 1-1/2 story single family dwelling. Proposed improvements include one
story additions to the Dining Room, Bedroom and a new wrap-around open
Porch, as shown on Architectural Sketch Plan.
The project as proposed will require relief of the minimum sideyard and total
sideyard setback dimensions as per Article 24, Section 100 - 244 B.
Also enclosed are the following:
Building Department Notice of Disapproval
Architectural Sketch Plan
Survey
Plot Plan
Thank you for your attention into this matter.
•
Donald A. Feller
II
November 8, 2002
Re: Proposed Additions to the Kirmish Residence
Main Road, Mattituck, New York
I hereby authorize Donald G. Feiler, Architect, to apply for approvals from your
department on my behalf, for the above mentioned project.
A, ///Gh Z
Joh Kirmish Date
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold ' s Code of Ethics •rohibits conflicts of
interest on the •art, of town officers and em• o
•ur•ose of this form is to •rovide information which cane
alert the town of •ossible conflicts of interest and allow
it to take whatever action is necessar to avoid same .
YOUR NAME:
(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 ' s or company ' s name . )
NATURE OF APPLICATION: ( Check all that apply . )
PP Y • )
Tax grievance
Variance X ,j
Change of zone
Approval of plate— it
Exemption from plat or official map
Other
( I f �—'
"Other, " name e activity . )
Do you personally y (or through your company,
or child) have a withrelationshianyooffi sibling,
employee of the Town of Southold? R i p"officer dr
by blood, marriage, "Relationship" includes
interest" g or business interest_ "Business
means a business, including
which the town officer or em has a napart
ownership of slopes even a partnership, in
e hn officer employment by) nral
or a corporationnin which
shares_ employee owns more than 5% of the
ii
YES NO )
If you answered "
Sindicacomtedte the balance of this form and
date and sfgn where
Name of p
Titleameperson employed by the Town of Southold
or position of that
person
Describe the relationship
d he towne officer or employee . applicant )appropriate Either check the
provided . A) through D) and/or describe in the space
The town officer or em
hecyee his her spouse , sibling ,
parent , or child is
( chec)c all
l ahaat apply ) !
pply ) ,
A) the owner of greater than 5% of the shares of the
Corporate stock of the applicant ( when the applicant
B) the legal
4 or beneficial owner of any intereno in a
noncorporate entity
y ( when the applicant is not a
---_C ) an officer, director , partner
applicant; or or employee of the
D) the actual applicant .
DESCRIPTION OF RELATIONSHIP
Submitted Lh ' s 1 day of Nov 2o02
Signature ii
Print name DpN1pt„0 Lam.?
1
•
•
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached. )
IJ A
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? { } Yes
( X ) Na. (If Yes, please attach copy of "conditions" of sale. )
C. Are there any proposals to change or alter land contours?
{ } Yes {)K1 No
D. 1. Are there any areas which contain wet-land grasses? No
2. Are the wetland areas shown on the map submitted with
this application? NO
3 . Is the property bulkheaded between the wetlands area Pnd
the upland builcii ng area? No
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
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? N6 (If not applicable, state "N.A.
F. Are there any patios, concrete barriers, bulkheads
which exist and are not shown on the survey ur fence
submitting? Y153 If none exist, mst that you are
please state "none. "
G. Do you have any construction taking
concerning your premises? place at this time
of your building permit and map a,sla yes, please mit a copy
Department. If none, approved by the Building
Pplease state.
H. Do
you or any co-owner also own other land close to this
parcel? �.10 If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
Parcel IN6U.5 P:A4m1LD4J LLiWG and
proposed use sb,�
Authoriz= V gaatzxre and Date
3/87
IO/9QIk
•
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lb 41110
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FORM NO. 3
( s<o
NOTICE OF DISAPPROVAL
DATE: October 24, 2002
TO: Donald Feiler A/C Kirmish
11723 Main Road
Mattituck, NY 11952 OCT 2 5
Please take notice that your application dated October 23, 2002
For permit to make additions and alterations to an existing single family dwelling at
Location of property: 15955 Main Road, Mattituck, NY
County Tax Map No. 1000 - Section 115 Block 1 Lot 6
Is returned herewith and disapproved on the following grounds:
The proposed additions and alterations to an existing single family dwelling, on a non-conforming
30,250 square foot lot in the Residential R-40 District, are not permitted pursuant to Article XXIV
Section 100-244B which states that on parcels, measuring between 20,000 and 39,999 square feet in
size, require a minimum single side yard setback of 15 feet, and a total side yard setback of 35 feet.
Following the proposed additions and alterations, the single family dwelling will have a single side
yard setback of 11.6 feet, and a total side yard setback of 32.1 feet.
Total lot : • .rage • a -• the proposed additions and alterations, will be+/- 12 percent.
S
• -th• ':-• .•a ature
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 BUILDINAPPLICATION CHECKLIST
BUILDING DEPARTMENT IMO Do ave 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
PERMIT NO. Check
Septic Form
N.Y.S.D.E.C.
Trustees •
Examined ,20 Contact: D
Approved 0 Mail to: fto egX t(i 2
Disapproved a/c !>b� MP,r7rrL,
Ar Phone: VI& — 5411r3
Expiration ,20
uildin,"spector
APPLICATION FOR BUILDING PERMIT
Date , 20
,, INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plaiis,-accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the,Building Inspector may authorize, in writing,the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for thg 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.
(Signa applicant or name,if a corporation)
Pe O TaJC, L ICp 2 IV 1111 1TJC
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder
( �
Name of owner of premises JOHN 15 Ki tem t514 JP- 4 L.AURL'1... ki R-rkiIS4{
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will be done:
159 55 n1P.i N FaoAa ( 141T7UC.t..,
House Number Street Hamlet
County Tax Map No. 1000 Section 1 15 Block n I Lot 0 a
Subdivision Filed Map No. Lot
(Name)
2. State existing use and occupanc premises and intended-use and occuplof proposed construction:
a. Existing'use and occupancy 51 NE,Le. • u/ gaisiosce-
b. Intended use and occupancy
3. Nature of work(check which applicable): New Building Addition k Alteration
Repair Removal Demolition Other Work
(Description)
4. Estimated Cost 40, 000 . Fee
(To be paid on filing this application)
5. If dwelling, number of dwelling units I Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front vEP Rear 3G Depth '30
Height 2'F' Number of Stones
Dimensions of same structure with alterations oraadditions: Front 44� Rear 441
Depth 38 Height Number of Stories I /2,
8. Dimensions of entire new construction: Front a' Rear el 1 Depth 12
Height ie.' Number of Stories
9. Size of lot: Front 7 -1 Rear 115 Depth 400
10. Date of Purchase Name of Former Owner 1205arin. PIA12.1 rf 1 I2uT 1440K.;
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO
13. Will lot be re-graded?YES NO )( Will excess fill be removed from premises? YES NO
14. Names of Owner of premises S*1- IgRt'itsvi Address (uta% Do Mj►•rnTucc,Phone No. 29 8 • t 9 5 (-
Name
Name of Architect r0t4a- O CR.1i 'L.eYL Address " Phone No 29 8 • 5453
Name of Contractor -bt'rN 14.1(aen MIA Address i. " Phone No. 248 19'Ye
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO k
* 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 43EVIPft,
10b144-0 I. Ef L -• being duly sworn, deposes andsays that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the Pdf2roiki-MOT
(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 U/C` 20 0 7� ,
' // U v --
Notary`Public Signatur o Applicant
WANE v.MOWN
Notary Pk,Stela of Now York
No.4909712
NOW in Suffolk County
Commismion *.s Oct 19,��
Town Of Southold
P.O Box 1179
' Southold, NY 11971
* * * RECEIPT * * *
Date: 11/14/02 Receipt#: 1601
Transaction(s): Subtotal
1 Application Fees $150.00
Check#: 1601 Total Paid: $150.00
Name: Kirmish, John And Laurel
15955 Main Rd
Mattituck, NY 11952
Clerk ID: LYNDAB Internal ID:64088
Page 21
January 16, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
MEMBER GOEHRINGER: On the survey which you submitted in reference to the pending
pool -what is that 8 '/2' strip reserved for possible future road?
MR. BUCKEL: Good question, I think that's standard because I see it on the front yard too.
Reality is it's never going to happen I think the town just reserves the right to have a little ROW
there so they can widen Little Neck Road and Strosen Road at a later date.
MEMBER GOEHRINGER: This is a cardinal situation that we normally see in Nassau Point.
You are several miles away from Nassau Point, so I don't know.
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
*****
10:37 am Appl. No. 5263 -JOHN & LAUREL KIRMISH. This is a request for a variance
under section 244,based on the Building Department's October 24, 2002 Notice of Disapproval
to make additions and alterations to an existing single family dwelling at less than 15' on a single
side yard setback, and less than 35'for total side setbacks. Location of property: 15955 Main
Road, Mattituck,parcel 115-1-6.
CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? And
we do need the affidavit of sign posting.
DON FEILER, ARCH: I have that. I'm Don Feiler, I'm the architect for the project.
CHAIRWOMAN: Good morning.
MR. FEILER: The Kirmish's are here if there's anything I can't answer. I think it's a pretty
straightforward issue. There are 2 requests for the existing house. It's a 3-bedroom 1 %2 story
house built about 1958. This house is pre-existing nonconforming now with the new setback
distances. When it was built it was 10' side yard total of 25 on the west side that's one of our 1.7,
we're extending the existing setback-
CHAIRWOMAN: That's 11.6 existing and you're proposing with a 1-story addition that will
bring it to 11.7.
MR. FEILER: They are on a slightly angled location there it would give us 1/l0th of a foot more
than the minimum amount - 11.6. This is an addition to the front bedroom. There's one bedroom
on the first floor, two bedrooms on the second floor. There's really no alternatives to add on to
this addition, no other places to go except towards the front yard. Let's see, relief there is 3.3'
request to the new setback minimum of 15'on the west side the existing side yard is 28.7. We
are requesting an eight foot addition to that side into the sideyard it would give us 20.7'. The
Page 21 of 128
Page 22
January 16, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
problem there is our total setbacks need to add up to 35'. This would give us 32.3' -that's a 2.7'
request. We are allowed in that space a 5.3 addition. Our request is 8' and that's 2.7'relief of
that.
CHAIRWOMAN: What are the total side yards - 32.1?
MR. FEILER: 32.3.
CHAIRWOMAN: I have 32.1. Essentially, there's no change in the degree of nonconformity on
the east side, on the west side the proposal you will still be conforming if you consider that you
are supposed to have 15' on one side and 20' on the other. There's no increase to the degree of
nonconformity. There's a decrease in the total side yards of+ or- 3'. Let's see what happens.
Ms. Oliva.
MEMBER OLIVA: He's really constrained unless you go way in the back. You have one of
those bowling alley lots and have an existing house there.
MR. FEILER: We tried alternatives and designs which just don't work. It just doesn't happen.
This is a 1-story addition on both sides. It's a 1-story addition on the west with 8' of dining room
and also wrap around porch which would be open so the dining room that space is 8x12 living
space addition and the porch would wrap around meeting the same side yard. I think as the
photos illustrate it's an appropriate design and the scale and the character. It's the lowest in scale
house along the whole stretch on the Main Road I don't think we are overdoing it and I'd like to
stress one thing that this addition on the east side the 8' dimension is the real size that we are
needing there and we don't need 4 or 6' and we're asking for 8. We are asking for 8 and that's
what we are hoping to get approval for. Anything less than an 8'porch would be useless so it
wouldn't be any good to us.
CHAIRWOMAN: Mr. Orlando.
MEMBER ORLANDO: Does the new extension encroach on the existing driveway, or does it
look like it just comes shy of it.
MR. FEILER: It's still about 6' - the driveway is still about 14 1/2' from the house now, so it'll be
about 6 '/2' from the house.
MEMBER ORLANDO: It does not encroach upon the driveway. That was my question, no
other questions.
CHAIRWOMAN: Mr. Horning.
MEMBER HORNING: You said you explored alternative plans such as-
Page 22 of 128
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
■ Complete items 1,2,and 3.Also complete A. R- eived by(Please Print Clearly) B. P•te.f Delivery
item 4 if Restricted Delivery is desired. L E 3
• Print your name and address on the reverse
so that we can return the card to you. C. Sign. ure
• Attach this card to the back of the mailpiece, X / 0 Agent
or on the front if space permits. 0 Addressee
D. Is deli'= address different from item 1? 0 Yes
1 Article Addressed to: If Y.- enter delivery address below. 0 No
F66E12.T • WIN
15105 MAIN Rom
Mt-r I T y y�/`-~' NIQ 11952- 3. Service Type
Certified Mail 0 Express Mail
Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number(Com 7002 0510 0002 4139 5476
PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789
UNITED STATES POSTAL SERVICE 1 Hill First-Class Mail
Postage&Fees Paid
USPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
•
DONALD G
RP.O.BO• X 1692
11725 MAIN RO D
MAT1ITUCK NFU!YORK 11952
I55,Il,,,lli,i,„1,1,,,I,111,,,I,1„Il,,,,I„Ii,I,,,,1.II,I,i
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• Complete items 1,2,and 3.Also complete A. Rpceived by(Please Pnntplearly) B. Date of Delivery
item 4 if Restricted Delivery is desired. •��/hrrl 7
• Print your name and address on the reverse
so that we can return the card to you. C. Sig atur
• Attach this card to the back of the mailpiece, � I � "Za CI Agent
or on the front if space permits.
X / • 0 Addressee
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1 Article Addressed to: If YES,enter delivery address below. 0 No
WI LLI am P Rut..04.%0 �, Y
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% -. Mail 0 C.O.D.
-•y cted Delivery?(Extra Fee) 0 Yes
2. Article Number(Copy from 7002 0510 0002 4139 5483
PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789
f
UNITED STATES POSTAL SERVICE First-Class Mail
1 0 Ill Postage&Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
DONAIDG.FEUER • ARCHIT6
11725 MAIN ROAD,P.O.1B0X 52
MATTITUCK, NEW YORK
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DONALD G. FELLER • ARCHITE'T
11725 MAIN ROAD, P.O. BOX 1652
MATTITUCK, NEW YORK 11952
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725 MAIN
MATTITUCK, NEW YORK 11952
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7111MIMIIMMIIII7SOUTHOLD, NY 11971
m • Postage $ 0.37 UNIT ID: 0952
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PS Form 3800 9' -.Rev-r i r an&
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD.NEW YORK
------------------------ x
In the Matter of the Application of
c). DA
IJ L.toga 'pen 6+1 AFFOIDF VIT
(Name of Applicants) MAILINGS
CTM Parcel #1000- 115 _ -i_ G -
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Do N p4,0 (�, Fel teY; residing at Coco oLe-ju�E
ryy P.'T -tru , New York, being duly sworn, depose and say that:
On the V't" day of 1& rfirm L , 2002, I personally mailed at the
United States Post Office in rip-Tr tTuc-K , 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 (ac) 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 applic property.
f
(Sign re)
Sworn to before me this
' day of�w , 2003 LYNDA M. BOHN
LS4m NOTARY PUBLIC,State of New York
No.01606020932
Qualified in Suffolk County.
( otary Public) Term Expires March 8,20(a.
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.
T. Lot Iooc> - tIS - - 5
I 15905 mAc N
rn
11€L }oro ti I I 'S- t -1
16, 045 niptim V?-d
w t r. RuIJp
I 07 - It - to ✓'�
Po o) 16 4
fio 11s� 3 - i�/JN o.� So u +o 1.,p
c
V�
`� "` STATE OF NEW YORK)
:4
° d
rk,
r TY . SUFF•LK) said
; C (tuck, In
'T,...,,, Voi � / . _ „ of Ma•tt t helshe is
►; I sworn, says tha kl
daiit'tt3 f h' '�e t Codebf a county, being du y SUFFOLK TIMES, a wee Y
d,�hapter 100-�Zp11�ng' Pu Town of
xe
Town of Southold,the followinby the
Principal clerk of THEin the
beatings wt be vela newspaper, published at Mattituc ,
SOUTHO•. TOWN BOARD �P County of Suffolk and State odf New is a Anted
.al.. t Town 1{all, 53095 andtlhat
Id New York 11931
•; !►�'° ,_2Q�1 �, g and that the Noold,
tice °arwhlublished nhe armesaid Newspaper
aa;
,-.4„ copy,has been regu y p weeks succes-
r ' ; �i ••••:Y .. t once each wee •k for on th day
f - 1 t Ne. '.
commencing
a._ ss° sively, com 20#-7i
tions 100 24 -, I
on on the Building
Of
•
" B toter 30 2• 002 4,.,, e
, •xincipal Clerk
�$ A 2�_--
4 _Wig Sworn to be re me this
Ido.�' Of (
.,,e. ;i►.a :� � day
�•;,,- ;�'. contiil»�UPn=Prem
Sie a (FIEtrng quest for a
This is a req C /�j/-y 11��L1
�l0or, £, 2 and ( 1
,. j LAURA E. BONS ate o New York
hit 1.°
Notary Public,
I r-- _ -s Juno I tical►1 P s
tilt ° i C an No 01 806067958 fres Dec•24,20.
aut ''11011.6
' ,1l0 eat (lualitied in Suffolk County QS
t "•,:; nt1QtTje and My Commission Exp
.e--40_6-,-,• :;,-
wtha '
Gs1the rear lot lin eid:
!'`{�1A5 Son•'view"Av2h�i�;
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;,''---i,;:,1-. Cnig Sts rota
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l
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4
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1-ti(71
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);
9:55 a.m. Appl No. 5263 - John and Laurel Kirmish. This is a request for a
Variance under Section 244B based on the Building Department's October 24,
2002 Notice of Disapproval to make additions and alterations to an existing
single family dwelling at less than 15 feet on a single side yard setback, and less
than 35 feet for total side setbacks. Location of Property: 15955 Main Road,
Mattituck; Parcel 1000-115-1-6.
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)
OFFICE OF l
'ZONING BOARD OF APPEALS
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Emails: Linda.Kowalski(a.Town.Southold.ny.us or
Paula.Quintieri(a�Town.Southold.ny.us
(631) 765-1809 fax (631) 765-1823 or 9064
December 19, 2002
Re: Chapter 58 – Public Notice for Thursday, January 16, 2003 Hearing —
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will
be published in the next issue of the Suffolk Times.
1) Before January 3rd when possible: Pursuant to Chapter 58 of the Southold Town Code (copy
enclosed), formal notice of your application and hearing must be now mailed with a map or sketch
showing the construction area or variance being considered. Send the enclosed Notice
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with a copy of your survey or filed site
map, showing the new construction area, or map with details of your request, by Friday, January
3rd to all owners of land (vacant or improved) surrounding yours, including land across any street or
right-of-way that borders your property. Use the current addresses shown on the assessment rolls
maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in
Riverhead. If you know of another address for a neighbor, you may want to send the notice to that
address as well.
2) Before Tuesday, January 7th: When picking up the sign, a $30 check, as a returnable deposit,
will be requested for each poster with metal stand (or $15 for poster only). Please place the
Town official sign poster no later than Tuesday, January 7th. Securely place the sign on your
property facing the street, no more than 10 feet from the front property line bordering the street. (If
you border more than one street or roadway, an extra sign is available for the additional front yard.)
The sign(s) must remain in place for at least seven (7) days, and should remain posted
through the day of the hearing. If you need a replacement poster board, please contact us.
3) Before January 7th, please either mail or deliver to our office your Affidavit of Mailing (form
enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by
the Post Office. (Also, when the green signature cards are returned to you by the Post Office,
please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is
not returned, please advise the Board at the hearing and return it when available. These will be kept
in the permanent record as proof of all Notices.
4) Before January 15th, after the signs have been in place for seven (7) days, please submit your
signed Affidavit of Posting to our office.
If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for
your cooperation.
Very truly yours,
Enclosures Zoning Appeals Board and Staff
P.S. Please be sure to pick up the poster between Jan. 2" and Jan. 7"', between 8-12, or 2:00-3:30.
Thank you.
ANSMISSION V+ERIFICATION REPORT
t u l
TIME : 12/27/2002 16:52
DATE,TIME 12/27 16:48
FAX NO./NAME 2981380
DURATION 00:03:16
PAGE(S) 05
RESULT OK
MODE STANDARD
•
FOR OFFICIAL USE ONLY
CHECKLIST FOR NEW PROJECTS
LABEL APPL# a ,
•
ASSESSORS CARD (7 COPIES) NAME r
CTY. TAX MAP (7 COPIES + 1) lersorma/
✓ INDEX CARD (ATTACH OLD) TOWN
LIST ALPHA BOOK
RESEARCH ALPHA
COPY PRIORS
✓ SIX COPIES
INSPECTION PACKETS COMPLETE
REF:
UPDATED NEW INFORMATION
- ,
,t- TOWN yr SOUTHOLD, NEW-YORk.4,
AdtION 1/F THE ZONING BOARD OF APPEALS DATEMINIMA..301p.um
Appeal No.3,13 Dated Norsk 3O 190
ACT1oN OF THE ZONING BOARDOF APPEALS OF TOWN SOOTI-IOLD
, , ", •
To t 1044' • " Appellant
41, SW,Nowt
at a meeting of the Zoning board of Appeals on Nardi $99 the appeal
was considered and the action indicated'below`was taken on your
Request for variance due to lock of access to property "
( ) ReaUeSt for a special perrnit under the.Zoning Ordinance
17 Requesi for a variance to the Zoning Ordinance
) .
1. SPECIAL PERMIT By resolution of the Board it was determined that a special permit ( ) be
granted ( ) be denied pursuant to Article Section Subsection.
,ParoaraPh af,the Zoning,Ordinance, and the decision of the Building Inspector ( )
be reversed ( .) be confirmed because <
2. VARIANCE By resolution of the Bocird it'Was determined that
I (..a)...Lai5122p1=n of the Ordinancatvir` ortiostee(wou d not) proctliwegody4; foirosehigialsise
ibtitsitooIW sivestAr.
) The,har ship created '(is not) unique and (would)segagoact be shared by all properties
alike in the immediate vicinity of this property and in the some use district because *
(c), The variance(does not)observe the spirit of the,Ordinance and(would)lowitOn change
the character of the district because $
1,
I and therefore,ft was further determined that the requested variance ( ) be,granted g ) be denied
and that the previous decisions of the Budding Inspector CIC ) be confirmed ) be reversed
11 Thatialiti= thillt glateit .troontiaara
• Olin
hs* sot stilt :as
•i• ••,-rAt 's Ill et.
*
to 1st dosnetst the *Let 1101411
not bilk AMOS mi . itstlity QS Shia astute is Prailitlii
///1 sseu
rAirtitweli ' bifilititilrea *414$141=0"*. inumai
ZONING BOARD QF APPEALS
PR? NIRO ED
Mt* Lk Solos
'Po? Ilessolasir
- /117
coittgat
I
Form ZB4
FORM NO.1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
l/ 77 / SOUTHOLD, N. Y. f y
Examined .- /.7, 196 2--- Application No. ../8
`, Gds
Approved i i , 19 Permit No. i
Disapproved a/c ...... ..
7/1//: 0--
(Building Insp ctor)
APPLICATION FOR BUILDING PERMIT
Date...,. �7 , 19 ‘Z-
INSTRUCTIONS Z-
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building
Inspector.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application.
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
permit shall be kept on the premises available for inspection throughout the progress of the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall hove been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of o 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 and regulations.
CC10044
(Signature o pplicant,or name if a corporation)
IXC"4"-.4
j (Address of applica )
State whether applicant iowner, I ssee, agent, architect, engineer, general contractor, electrician, plumber or builder.
Name of owner of premises XcttlC ii---,,v „
If applicant is a corporate, signature of duly authorized officer
(Name and title of corporate officer)
1. Location of land on which proposed wor will b done. NS¢p No Lot No: "/1/5�
Street and Number 3....... L/}(, Cetg47444J
Municipality
2. State existing use and occupancy of premises and i nten ed use and occupancy of proposed construction-
a. Existing use and occupancy .... ........ ... ..... . ..;1
b Intended use and occupancy
. '!r.i,1
3. Nature of work (check which applicc New Building Addition `� Alteration
Repair Removal Demolition Other Work (Describe)
4. Estimated Cost Z-OOc Fee
(to be paid on filing this application)
5. If dwelling, number of dwelling units .Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use
7. Dimensions of existing structures, if ariy• Front.... ....:... ......... Rear 3' Depth Z6
�
Height /� Number of Stories
Dimensions of same structure with alterations or additions: Front 3 8' Rear 3,5-
Depth 3e Height /5^ Number of Stories /
8. Dimensions of entire new construction: Ffpnt Rear Depth
Height Number of Stories
9 Size of lot. Front /2 7 Rear 90 Depth ZoO
10. Date of Purchase /f '9 I , Name of Former Owner ...... .....CQiY:4:?
', 11. Zone or use district in which premises are situated �U
~ 4;'012. Does proposed construction violate any toning law, ordinance or regulation?
13.,, Name of Owner of premises 21 .:P..0 -, Address eek,L,go Phone No.Nt Z -47C13-
'Name of Architect .. Address ......,. Phone No.
Name of Contractor y Address . 4! 42.... .... Phone No. ee `( 5 O'4
CV1
'1%PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from
property lines. Give street and block numbers or description according to deed, and show street names and indicate
whether interior or corner lot.
/9G r,
' ` z6
G3
_ - /x7
Br a.d wc,tef 5 Rd
STATE OF NEW YORK, )
COUNTY OF ) S.S.
�� being duly sworn, deposes and says that he is the applicant
(Name of indi ual signing application)
above named. He is the
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the saidwork 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 thquanyrrierg4 forth in the application filed therewith./
Sworn to beforeme this Notary Public, State of New York (�y�RiDvtG]
No. 52.0344':3, uffolk
Notary ...
Public, •• • ••• .,,,s • , o /'"`'� (Signature of applicant) I
OFFICE OF
BOARD OF APPEALS
Southold Town Hall
53095 Main Road
Southold, NY 11971
765-1809 tel. r 765-9064 ZBA fax.
REPLY FORM
Dated: // �d '7" C�n �3 /
TO: 9Dhl i- La.acn.ei. A/irac is-A. c/ scr a.Qcf 7 Lail. .
jpy-Your 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 information is
necessary for review and advertising purposes. You may forward the information by fax at 765-
9064, however, please send the original by 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 765-1809. Thank you.
Information requested:
Se✓s-n semis 0
i/
(Notice of Disapproval issued by the Building Inspector after his/her review of this
• particular project mapAt'D a--Lt d 0C1-ince,1r5 S413("Lu71D ia ,6/5)c Dep..
D - Ce xa.•t• l: 6 P a
cow.�o"le-17e .
I ( ) Check payable to the Town of Southold totaling $ aural(d,agra sj
it I clt
( ) Signature and notary public information are needed.
( ) 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 diagram showing the doors, number of stories, and average height
(from natural grade).
( ) 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
(71 Other: jlea se Ju IiL1 1- i-uiil. co ver /ester jttv►ts rie-?edadnve_ rie
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