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HomeMy WebLinkAbout5399 Cnt,,Lk n , rtA �'Ll IS a 5 (\Ut4h i/iuACK _ ka 5 9 - Pt+ 1.aso3 - «c-buAle+ '' Agisoc sc&.for ka; }et cin qac opit 3 -46,,,.a4J. 1 ,, _ APP>AL"SBOARD MEMBERS �' © ....1'� - °I t Southold Town Hall Gerard P Goehringer. �, '� 53095 Main Road Lydia A. Tortora P.O.Box 1179 George Horning O 'F �� Southold,New York 11971-0959 or Ruth D. Oliva , Chairwoman : "/4/o3 y�q( Ai `lade ZBA Fax(631)765-9064 Vincent Orlando -or_,,,,,,,.•''� Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED °bL / TOWN OF SOUTHOLD Its 6m FINDINGS, DELIBERATIONS AND DETERMINATION ov a WO zwj MEETING OF OCTOBER 9, 2003 Appl. No. 5399 -FREDRICK and ANTONIA VONZUBEN Southojd Town Clerk Property Location: 1125 North Sea Drive, Southold; Parcel 54-4-13 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration inthis 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 26,503 sq. ft parcel has 100 ft - frontage along North Sea Drive and 100.38 feet along the Long Island Sound. The property is 260.69 feet deep along the east side and 269.36 feet deep along the west side. The applicant's property contains a dwelling and a detached 23.3' x 25.3' garage 33 feet from the front property line at its closest point. j BASIS OF APPLICATION: Building Department's June 23, 2003 amended Notice of Disapproval, citing Sections 100-33C end 100-244 in its denial of a building permit to construct an accessory arbor structure, as-built with a setback less than 40 feet from the front lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 25, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property,and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants are requesting approval of the as built front yard location of an 8'3" open arbor structure 3.2' from the front property line near North Sea Drive and 10.3 feet from the easterly side property line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of requested relief, without future replacement of the as-built arbor in the same location, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is developed with homes and lots of similar size which are located along the Long Island Sound. The applicant's 26,503 sq. ft. lot contains a dwelling and accessory 23.3' x 25.3' garage situated in the front yard at 6 feet from the side line and 33 feet from the front property line, at its closest points. The • Pane 2—October 9,2003 -- J= Appl. No.5399—F.and A.Von Zuben 54-4-13 at Southold arbor was planned by applicant only for aesthetics, as part of the landscape design, without realizing that a permit was required. The pine trees along the street were noted as in need of replacement. By this action, it shall be understood that this is a granted with a time limitation for the "as-built" structure, and that when the arbor structure becomes deteriorated and needs replacement, it shall not be placed in the same location and shall be moved, at which time this variance shall expire. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, because the arbor has already been placed in its present location at 5.5 feet from the front lot line instead of the code requirement of 40 feet. The arbor is heavily screened on the south side and cannot be seen from the road. Applicant has agreed to maintain or improve the evergreen buffer. 3. The variance granted herein is substantial in relation to the code requirement. The arbor is,however heavily screened on the south side and cannot be seen from the road. The evergreens will be maintained by applicants in good condition as a landscape buffer between the road and the garage. 4. The difficulty was self-created when the arbor was designed and built without a permit and without conforming to the code setback requirements. 5. There is no evidence to suggest that the relief granted will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. It is noted that the adjacent property owner did submit a complaint that the applicants could have requested a variance first, before placing the arbor structure on the property. 6. Grant of the area variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an arbor structure, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Goehringer, and duly carried, to GRANT the variance requested as shown on the survey prepared by Peconic Surveyors, P.C. dated 12/16/98 amended 2/20/02, and Plan S-1 prepared by Condon Engineering, P.C. dated 11-28-2002, SUBJECT TO THE FOLLOWING CONDITIONS: (1) that the southeast side of the arbor be buffered by evergreens four feet from the property line and be maintained at all times in good condition, and • '-c, Page 3—October 9,2003 ` Appl.No.5399-F. and A.Von Zuben 54-4-13 at Southold (2) that the arbor be removed after it becomes deteriorated or in poor shape, and that it not be rebuilt or replaced in the same location. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code; other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman eff. 10-21-03), Member Tortora (Chairwoman to 10-21-03), Member Goehringer, and Member Orlando. (Absent was Member Horning.) This Resolution w my adopted(-0). /3,/03 5n[� Approved for Filing 4(.2 i{t FORM NO. 3 �rtM, A VL 3' y TOWN OF SOUTHOLD C BUILDING DEPARTMENT t.t SOUTHOLD,N.Y. Nei i. NOTICE OF DISAPPROVAL . DATE: June 13, 2003 AMENDED: June 23,2003 AMENDED: August 25,2003 TO: Fredrick and Antonia Von Zuben 1125 North Sea Drive Southold,NY 11971 Please take notice that your application dated June 9, 2003 For permit for an "as built" arbor at Location of property: 1125 North Sea Drive, Southold,NY County Tax Map No. 1000 - Section 54 Block 4 Lot 13 Is returned herewith and disapproved on the following grounds: The "as built" arbor, on this non-conforming 26,503 square foot lot in the R-40 District, is not pursuant to Article III Section 100-33C which states; "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard,provided that such buildings and structures meet the front-yard setback requirements as set forth by this code." The plans note a front yard setback of 5.5 feet. Therefore,the"as built" arbor is not permitted pursuant to Article XXVI Section 100-244, which states that non-conforming lots,measuring between 20,000 and 39,999 square feet in total size, require a minimum front yard setback of 40 feet. Total lot coverage, following construction, will be approximately 19 percent. This Notice of Disapproval was amended on June 23, 2003, after it was brought to the Building Department's attention that two arbors were built without a building permit which is a violation of So . : Ti� �, Dis:;Ji royal was amended on Autust 25 2003 to correct an error. Aut oris-• _ • e Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OIA Oa F(, Q Far Office Use Only Fee:$ �I Filed By:t e m} 5 , Date Assigned/Assignment No. V'?'Jr JUN 2 6 403 Office Notes: ��ARt) , PEALS Parcel Location: House No. 1125 Street North Sea Drive Hamlet Southold SCTM 1000 Section 74 Block 4 Lot(s) 13 Lot Size 26503 Zone District r-40 I (WE)APPLE 4LTH3E WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Frederick Von Zuben Applicant/Owner(s): Mailing to Attorney Address: Telephone: NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Patricia C. Moore Authorized Representative: 51020 Main Road, Southold NY 11971 Address: 631-765-4330 Telephone: Please specify who you wish correspondence to be mailed to,from the above listed names: ❑ Applicant/Owner(s) XI Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 6/9/03 FOR: lCBuilding Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXVI r,ec cjou .00--- Section 100- 244 Subsection Type of Appeal. An Appeal is made for: TO A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ❑ Interpretation of the Town Code,Article Section 0 Reversal or Other A prior appeal has Cl-has not been made with respect to this property UNDER Appeal No. Year (garage) Reason for Appeal Continued Zoning Board of Appeals re : Fred VonZuben Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. j In performing this balancing test, the Zoning Board is j charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (b) . The variance should be granted for\ the following reasons : 1 . No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. Decorative arbor constructed to match similar arbor on North side of garage. The arbor on the North side of the garage was relocated to be in compliance with side yard zoning setbacks . The south arbor can not be relocated because it can not comply with the front yard setback. The arbor provides muted shade and is part of the landscape design. 2 . The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance . The arbor on south side of garage matches north arbor, the owner finds that the north arbor without the South arbor is unattractive. Owner and contractor were not aware that arbor required a building permit . After arbor was constructed building department advised owner that the arbor required a building permit, however to obtain a building permit a variance is required. 3 . The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The front yard setback is substantial however, the arbor is designed to function as an architectural feature the equivalent of a fence. It is not a habitable structure. 4 . The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district . The arbor is open and landward of environmental constraints . 5 . The alleged difficulty was not self-created. The arbor was constructed believing that it did not require a building permit . Upon notice that it was not in conformity with the code the arbor was corrected to comply with zoning. The South arbor can not comply with zoning and a variance application was immediately submitted. 6 . The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant . We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. signature State of New York ) ) ss County of Suffolk ) Sworn to thiscR cdday 9c&k.t, coa3 71Ctt4 rl. . Notary Public MELISSA McGOWAN Notary Public,State of New York No.4995913 Qualified in Suffolk Countyo b Commission ExpiresMay PROJECT DESCRIPTION (Please include with Z.B.A. Application) Fred VonZuben Applicant(s): 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: @2a x 28 feet arbprir (detached from garage) Square footage: open arbor 756 sq. ft. more or less B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: III. Purpose and use of new construction requested in this application: decorative arbor IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): arbor construction on footing to withstand weight of snow soui:E of garage to match arbor north of garage V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. 7/02 Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. Sep 10 03 02: 03p Moore Law Office 8317654643 p. 1 09/19/2003 09:54 6317f-cy-"'? ZONINGAPP`"ALStiUANE.' PACE 02 QUESTIONNAIRE FOR FILING WITH YOUR LICA.APPLICATION A. Is the subject premises listed on the real estate market for sale" 0 Yes p4o B. Are there an proposals to change or alter land contours? 0 YesNo C. I)Are there any areas that contain wetland grasses? 212 5 alcii r 4r 7c: -7 �a cr;/ ;fl 2)Are the wetland areas shown on the map submitted wide this application? Y-e 5 2)Is the property bulk headed between the wetlands area and the upland building area? ('Jo 4)If your property contains wetlands or pond areas,have you contacted the ot£ce of the Town Trustees fur itsdetenninatiortofjucisdiction? :4Nre 4barn ICi - 7c.L^.rliv(_r, ef[r:rccc JeC.. /.Gt OCLINC✓'t Cte (. 1Sttv9 Sr,"C.j7j r.s -. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? i::% (If not applicable,state"Ma".) E. Are there any patios,concrete bathers,bulkheads or farces that exist and are not shown on the survey map that you are submitting? tw;;n. . (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? %es c !r r ry If yes,please submit a copy of your building permit and map as approved by the Building Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel? hi:t. If yes,please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel #t•1 ci e. t u and proposed use Authorized signature and Date PROJECT I.D. NUMBER SEOR 617.21 Appendix C State Environmental Quality Review • SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2.Project Name • Fred Von Zuben 3.Project location: Municipality County 1125 North Sea Drive, Southold NY 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) 1000-54-4-13 • 5. Is proposed action: ( 4NEW (. )EXPANSION ( )MODIFICATION/ALTERATION decorative arbor 6.Describe project briefly: decorative arbor in front yard 7.Amount of land affected: Initially: acres; Ultimately: acres 26,503 26,503 8.With proposed action comply with existing or other existing land use restrictions:( )YES (X)NO If No,describe briefly: decorative arbor deemed a "structure" by building department which does not conform to front yard setback 9.What is present land use in vicinity of project:(describe): (X)Residential ( )Industrial ( )Commercial ( )Agricultural ( )Pari/Forest/Open Space ( )Other 10.Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( )YES (X)NO If Yes,list agency(s)and permit/approvals: 11.Does any aspect of the action have a currently valid permit or approval? ( )YES (X)NO If Yes,list agency(s)and permit/approvals: 12.As a result of proposed action,will existing permit/approval require modification? (X)YES ( )NO If Yes, list agency(s)and permit/approvals: l_ ertify that the information provided above is true to the best of my knowledge Applicant/Sponsor Namef, Date: ‘ri.4 ` -y Signature: If the action is in the Coastal Area, and you are a state agency,complete the Coastal Assessment Form before proceeding with this assessment Page 1 of 1 rl ofk a a Vu k n rwg Y "per k 'fes file://C:\WINDOWS\TEMP\von%20Zuben%20arbor%206.JPG 9/25/03 9 ) /� 3 "r Page 1 of 1 l fid . (i , • i -40 a 4 3rd , - _ ": ' Y � �,� gr g tg >sg 6 r e aa. � ., .! -44,4§ - 44,-1 d,. Eims$ "..i. , ' _3 ` ° 4 i 3x a' . -- * ' ;sem y a s ?� �€.° . 11 �"'rz�, + a 4% ' v '' as 4 3.= g` ' �..- 'i ,g s," x'�. 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' � � * '� oil4t.„ ' " �ari,"' S , ' ' `�, -' t`.."'''''''':'' M.4",. aR is, .. 4.2z...' t; r '41,4* r ,-4:744^,4:- 14,744-.54.4"5•;t4,74-i',' �'�a",�„vim. -�„ bs y�'ka +w. :4; '7''.4 '�6.�' ��' s # � --5.4";',0�-*a ;,*.,z.���a' "'dr '� +�' At .. - "iillt ,a Vt k -' " f 4 i+ fe t �y', d 3`.. ..,,,,,-..-3,'"'; 4./ -''+su ,` :t.-,,---,--,.„.: W y ''1),,''''' as d '�.. '#7." �y t 1 ii's .",, -..-,V.: ' '''''ir ' ° a` ;n 4, .'' g ".. .`�, d,; :-•`�x .,>y.�'s-"7..a.'`<t^ ,t�xrdk�:.� ! fi'A: «."!':'�,rad,.. w:'.:. ' ',':,,,,,,,N: .. _ .-��"' .."w", a file://C:\WINDOWS\TEMP\von%20Zuben%20arbor%208.JPG 9/25/03 Along North Road, Southold lil 1 Nd+ • A.', k' ssll i !Ill 111i 1 V ''.' ' is il L . `i ; . . [kJ ': r . ... iii t� w4—'!,Z-4,4-',t--;4''''''' as s eE .. ; 4 a . x Along North Road, Southold ' 'L '' '' '' il Ir r 14 fill 1111 I I II '''' '''- . ' 'S .' . .1.:=.: ‘,.:i' � , fir�a ''axe' �'^�,°' -s Along North Road, Greenport R -.-1,'-?.; 3 40 , • it ! ",,,-,;.::,..5i'll 10111:...,;f-, ::.,i,3,,I.- ' .. -. ' ,,.,Iii.Ak' . il _ ,_ 1 rL3 lp'',..''..1,. �4. A 'A 1 ¢ eN' r - rit..,.:,,..4i:i- , - . ..... ,, ii, . , .-.77,,, „.. 4 � , r . it' tt ' ,, l', -,_” '1 ¢."` 1, 't -,j 0l ,Ili q Along Main Road, Southold 4.140, .0). irek `}k. sets + . * a, 3 zt: • ..'r r,' - i sw ,��'� R!F t } n, rti.,Y S 9 .',..-......t.,,'.. .r F •iib " Yrc i nct< ^4-Pt ..�^ 11 s '.k.--/-.,-- Y 3t' V 4 �. s ar , "' ,. 'f. .4-,,,, .� . it x r {= 66 .moi , 3'P q" ....40 tA. ,.. .A ,!4r. `�' • ^ rig'' d'f, j ,p. . �� 5 ,. .,' y y Along Main Road, Southold ..:,,,r?,, .. . _ ,i;,.,,, ,*.::.'...r.l.,::,.*,,ii.':: ' *r '`• - • . Ailae ltor 4"';'.dillit.:1/4_4(.71.' . � I ''''*'itrillir ' y w ! v ' Ek i� • to � .. a i t� 'f ryt $ ',7,,,„ d t : �`.tea. ..t , }- # .!�.. �.' rte► fir. 111 a- ,h- a - , • 'e , A fi zaw V . 1�� .... ram § PA p <<g411s ... d' pm:" ar . I J i , a / T N 1W SOUTHOLD PROP >TY REC D CARD )t',„�-° ' \ 1 OWNER STREET / j` 7 5 VILLAGE DISTRICT SUB. LOT kt AI FORMER OWNER N E ACREAGE n� ±`�" l> o 4") V .m ass e ,. c-1 s ,)/t VCk ,caroS W / a TYPE OF BUILDING 4 RES. c2 /0 SEAS. lj VL. FARM COMM. IND. I CB. MISC. LAND IMP. TOTAL DATE REMARKS /act, tr,6) 6) 0 / 11/4(/4. 6 1c/ 1'g9- >! 1)006 ra31- VCI.00 co -r`'7V ?.rcr�✓0 oc husky_ J/ a9 „CT/ 66 /b 2/s�j9Q-L/1`� a ft i `n t - V'gecaro fzaVorc n ' 39, E f`, 6o , 6 0 a 7 4 0 I/..3/(vim *///017 a6 - - Ari, Z✓ ui f r is!_ ,"r" Q v �3 f fik'� a coo 3? a o .S'aso V / 7/7 &1:0101 Pyttec,774pq army aarg .CD . : n�S. € ' A AGE BUILDING CONDITION Jdjao10e. 6P-* aMobI UteraMO'ns t ka. ..� ,, NEW NORMAL BELOW ABOVE \ s*s\\ Farm Acre Value Per Acre Value )- , may- c /00 J[ b pie Y l Tillable I Tillable 2 Tillable, 3 Woodland -- — — — Swampland Brush lancl_ .*+...,,, House Plot I I Total 47 it, ze cen�r r L ' , l) i . , Wig SLt a M. Bldg. f S � 4r 1'2 > .� Foundation r Bath Extension y 3 Basement �V� Floors r/R' Extension ,1( ; -1----- / -3 -�,. Ext. Walls Ai Interior Finish S l Extension /34 4 c Z 79 Z Fire Placee7,-,-- Heap ne& /(:), 'C/% ?AV,�5 .- /c3,5- et d ,l PorchPorch Attic 9X/4, /Z(k + � 94"6 _90 2.14 �� Rooms 1st Floor T oor a✓e€. Breezeway /b X �i �/ �� cry' patio Rooms 2nd Floor Garage /i- C Z �'t/ C t D riveway O. B. �(j 2._0 33 L 19101.19 I LM SLN9kain. az 119.3 WI Sled Rept.IF. SQl II. *Nekb L -- LMES; 999 99 9T E o.<l.c ao..,. ---� !rhymer (211 � N.Apt m w+..co-Kitt m -_ x TE ""NTxa a ._cam, � aY Via'•- ` ' - - ' -'„- .. ?e*"- a 3..t ,7. < - a `:':. ---.s ''SL' 09 a 01 19allt sir 0 9419 1205 35A c ) �k(tC 2 a 144(CI Q A n CO A S� L241<) 35 - ' n lift Aaz LOq( it `�a ro• Jv`S ( T4(V, 99t a 2aAtG .Q b'J g F .. SEE SEC.NO 130 'Q' TZiiir G 4I' ry 954 a .'4O 958 as 9Sy. �® , S1(-,I A I a. t.t4 a �4/�. y (aZ l) '4 959 4 - ' tt v4 ?Aq $tt 44t17O is c� 4 b // �4 0 . { 3ctg4S .. ,:r. 1 tir.9 4441% ht LSAT y S .11t O 4. t tit tWGO n 4,4 '- i Tte ✓ai i asiru 'IL .� v � 1 1 7 2 00 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 4 X 5 TOWN O F SOUTHOLD 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 August 21, 2003 12 9 : 00 a.m. 13 14 Board Members Present : 15 LYDIA A. TORTORA, Chairwoman 16 GERARD P. GOEHRINGER, Board Member 17 GEORGE HORNING, Board Member 18 RUTH OLIVA, Board Member 19 VINCENT ORLANDO, Board Member 20 LINDA KOWALSKI, Board Secretary 21 22 23 ORIGINAL 24 .y , 25 { COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 A 107 1 2 and what will happen when you fill in the niche because of the angle of the house, it " 3 will go to 12 , but I really don' t have any questions about this application. Mrs . 4 Oliva. BOARD MEMBER OLIVA: I don' t have S any questions, Mr. Schwartz . CHAIRWOMAN TORTORA: Mr. 6 Goehringer. BOARD MEMBER GOEHRINGER: Mr. 7 Schwartz, it' s diminimus . MR. SCHWARTZ : Good. 8 CHAIRWOMAN TORTORA: Mr. Horning. Boy, you' re flying here . 9 BOARD MEMBER HORNING: I'm agreeing with my colleagues . I did take a 10 look at this . I believe you could actually have fire fighting apparatus from the Navy 11 Street area to getting access in an emergency is not a real major concern. Small proposal . 12 MR. SCHWARTZ: Great . CHAIRWOMAN TORTORA: Is there 13 anyone in the audience who would like to speak in favor over or against the application? 14 Seeing no hands I would like to make a motion to close the hearing and reserve decision 15 until later. BOARD MEMBER OLIVA: Second. 16 CHAIRWOMAN TORTORA: All in favor. (Whereupon, all Members of the 17 Board responded in favor. ) CHAIRWOMAN TORTORA: The next 18 llraring is on behalf of Frederick and Antonia VonZuben. Is there someone here who would 19 like to speak on behalf of that application? MS . MOORE : Okay. I hope to go as 20 fast as the rest, as the previous ones went . CHAIRWOMAN TORTORA: It' s up to 21 you, Pat . MS . MOORE : Okay, I' ll try. 22 VonZuben is the contractor -- well, actually the homeowner was doing extensive landscaping 23 I think if you've seen the property all the landscaping that was ,done, she wanted to put, 24 the owner wanted to put an arbor on both sides of the garage as part of the landscape design. 25 They did not realize that an arbor would be considered a structure and requiring a COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 7 r,� 108 2 building Permit . The building -- the contractor believed, because he saw other 3 trellises, arbors, that are generally along the street at the entrance of the properties, 4 that this would be similarly treated. Then they came to me and I suggested that maybe, 5 you know, that this is the right procedure to undertake. 6 I want to correct something that I don' t know where it came from, the arbor that 7 is in question is not attached to the garage. It stands alone and is not part of the garage . 8 It stands independently of it, and matches for purposes of symmetry the arbor to the north, 9 both of them are detached. CHAIRWOMAN TORTORA: Where does it 10 say it' s detached from the garage? MS . MOORE: I don' t know it came 11 from you guys . CHAIRWOMAN TORTORA: Probably just 12 typographical error. MS. MOORE : Okay, good. Because I 13 checked the notice of disapproval in the building permit . I thought that maybe I had 14 in error described it . CHAIRWOMAN TORTORA: No . It' s 15 just a typo. MS . MOORE: Good. 16 MS . KOWALSKI : No, it' s on one of the plans that I saw. 17 MS . MOORE: In any case, regardless of where it came from, it is 18 detached. I have photographs of it for your records . I also -- the contractor -- 19 MS . KOWALSKI : It' s close to the garage . 20 MS . MOORE : Yes, it' s close . There is landscaping. The trees, the pine 21 trees that are along the street are not very healthy. They' re actually warranteed by the 22 landscaper, and they' re to be replaced with healthier trees, but I guess they haven' t come 23 back to do that . It will be landscaped, and eventually we hope that the shrubbery will 24 take, and it will not be as noticeable from the road. 25 It' s an architectural feature . It has really no function other than aesthetics, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 109 1 2 so. If you have questions, I will try to answer them for you. 3 BOARD MEMBER HORNING: How did the applicant come to build it there? 4 MS . MOORE: Pardon? BOARD MEMBER HORNING: Why did the 5 applicant build it there? MS . MOORE : They definitely 6 wanted the arbor on the north side because that' s where their patio is . They' re going to 7 plant some of the -- what are the vines, the purple flower vines? 8 BOARD MEMBER OLIVA: Wisteria? MS . MOORE: Wisteria. They wanted 9 to plant that when they looked at their landscape plan, it looked off balance . So she 10 wanted to build one, the equivalent structure on the south side of the garage . That ' s 11 why -- CHAIRWOMAN TORTORA: Let' s see 12 what happens . Mrs . Oliva. BOARD MEMBER OLIVA: I've been 13 there . I looked at it . I don' t have a problem. 14 CHAIRWOMAN TORTORA: Mr. Horning. BOARD MEMBER HORNING: No, I 15 don' t . But then the applicant just decided to build it without a building permit . 16 MS. MOORE : Yes, it' s not that they decided to do it knowing that they would 17 be in violation, they -- I submitted photographs -- there are trellises, certainly 18 not of this scale. There are trellises and fences and architectural landscaping that' s 19 all over town of different size, and so they believed that since it was really, it wasn' t 20 holding anything up, it' s not a structural -- it' s not a structural building, that it would 21 be exempt . It would be the equivalent of a fence . They were in error, and that' s when 22 they had to come before this Board. CHAIRWOMAN TORTORA: Mr. 23 Goehringer. BOARD MEMBER GOEHRINGER: I was 24 down there Saturday. I did speak to a neighbor. They were not terribly happy with 25 it . They were more upset about the shrubs not the taking, so to speak, as you just COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 110 1 2 discussed. So, +in light of that, I think we have to put a restriction or condition on 3 this, if the Board is so inclined to grant it , that the bushes have to be maintained. 4 MS. MOORE: That' s certainly -- CHAIRWOMAN TORTORA: What side is 5 that, Gerry? BOARD MEMBER GOEHRINGER: That' s 6 along the southeast side . MS . MOORE: Southeast, yes . 7 CHAIRWOMAN TORTORA: They' re existing? 8 BOARD MEMBER GOEHRINGER: Well, there actually -- 9 MS . MOORE : Actually, there are some spots that need additional shrubs . So 10 why don' t we screen it to say with appropriate screening on that southeast side? 11 BOARD MEMBER GOEHRINGER: They are extremely mature shrubs . They' re extremely 12 wide and they' re high. MS. MOORE: Is that old vegetation 13 or the new stuff? BOARD MEMBER GOEHRINGER: The old 14 stuff . We certainly want the old stuff removed and the -- 15 MS . MOORE: Removed? BOARD MEMBER GOEHRINGER: Well, 16 the stuff is dying. And we want to stagger some new stuff in between. And we need that 17 continuously maintained. If it requires a drip system, it requires a drip system; 18 whatever it takes to keep that maintained. Shrubs have to be watered. 19 MS . MOORE : The ones that were planted were mature I think, and maybe the 20 storms we had actually strained them. CHAIRWOMAN TORTORA: Is there 21 anyone in the audience who would like to speak in favor of this application? Is there anyone 22 in the audience who would like to speak against the application? 23 MS . PHILISTEIN: I'm Josephine Philistein, Southold. I'm not really against 24 it, but whenever we had building we always had to get permits . If you did anything against 25 this, you were served with a stop work order and several of us complained as we saw this COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 111 1 2 building, which has been going on for about three years, now we saw these arbor 3 construction going up, and we complained, that was in June I think and no stop work, nothing 4 happened, to continue, and now they' re applying for permits, as is, which we find, a S few of us in the neighborhood find this unfair because we all had to go by the deeds, you 6 know, by the way things are processed, the way you have to go about getting permission, and 7 this was followed through completion. So we think it' s very unfair. It looks as the 8 garage is the most beautiful garage I ever saw, and these arbors they go from about four 9 feet from the road, and so it' s -- I don' t expect it to be anything other than this arbor 10 what it is, it is awfully close to the road. And they did not follow the right process; 11 that was our complaint . So we' re not asking for it to be 12 taken down, certainly, but I wonder why the law is so unfair, that some of us have to go 13 through this step by step and this was continued. 14 CHAIRWOMAN TORTORA: Actually, if you build something without a permit, there 15 really is no penalty. MS . MOORE : There is actually, 16 the application is fee is doubled, doubled at the building department when you go in on an 17 as-built permit . . MS . PHILISTEIN: Stop work things 18 in the neighborhood, you had to stop until you got it legal . That' s what I have a problem 19 with. Proximity to the road, you have to get a building permit; we have to get variances 20 for things that were SO feet back. This is four feet, it seems to be, from the road. 21 That' s about right . CHAIRWOMAN TORTORA: So 40 feet 22 from the road? BOARD MEMBER GOEHRINGER: Four 23 feet from the property line, 3 . 2 at its closest . 24 CHAIRWOMAN TORTORA: Are there any other comments from anyone in the audience? 25 Board Members? Seeing no hands, I' ll make a motion to close the hearing and reserve COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 6-.1/2,4-1COUNTY OF SUFFOLK N t91 FIA)C 117,1 f3/49 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (631)727-3160 - (631)727-2315 OCT 6 2003 October 2,2003 ey r Town of Southold ' p ,b - Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Dear Chairwoman Tottora: This office had received your request for our evaluation and recommendations, on September 23, 2003, regarding LBA File No. 5399—Von Zuben. A site inspection was conducted on October 2, 2003 to evaluate any potential environmental impacts resultant of the construction and location of an arbor on the property. As indicated on the survey map of the property, there are two arbors that are now existing. Beneath the arbor N.W. of the garage is flagstone and beneath the arbor S.E. of the garage is loose stone. There is a general slope of the front portion of the property toward North Sea Drive and away from the bluff. In conclusion,the arbors will have little if any negative environmental impacts. I hope this evaluation will be useful to you and the Board. Respectfully, Thomas J. McMahon - District Manager 423 GRIFFING AVENUE . SUITE 110 . RIVERHEAD, NY 11901 APPEALS BOARD MEMBERS '� t#,,OFFOL f 1p •.) 00�; FOR OFFICIAL USE ONLY CHECK ST FOR NEW PROJECTS LABEL APPL # ASSESSORS CARD (7 COPIES) NAME CTY. TAX MAP (7 COPIES + 1) CTM # INDEX CARD (ATTACH OLD) TOWN LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS SIX COPIES INSPECTION PACKETS COMPLETE VONZUBEN, F (MOORE) 5399 RO "AS BUILT"ARBOR-FY SB —s19C_ ICIP_ _cenfPVF_ - -- UPDATED NEW INFORMATION /� Qi,t® -Co a M .ctC . - RE O ri t, k ¢(40441 qr ( T -OS LEGAL NOTICE SEPTEMBER 25,2003 PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, SEPTEMBER 25, 2003,at the time noted below (or as soon thereafter as possible): 2:10 p.m. FREDRICK and ANTONIA VONZUBEN #5399. This is a Request for a Variance under Section 100-33C and 100-244, based on the Building Department's Notice of Disapproval amended June 23, 2003, concerning an "as built" arbor structure at less than 40 feet from the front lot line after attaching it to the existing accessory garage, at 1125 North Sea Drive, Southold; Parcel#54-4-13. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: August 25, 2003. Lydia A.Tortora, Chairwoman Board of Appeals PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 September 3 , 2003 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors RE: Frederick VonZuben and Antonia VonZuben 1125 North Sea Drive, Southold, NY SCTM #1000-054 . 00-04 . 00-013 . 000 Dear Neighbor: I represent Frederick VonZuben and Antonia VonZuben with regard to their property located at 1125 North Sea Drive, Southold, NY. They are seeking a variance under Section 100-33C and 100-244, based on the Building Department' s June 23 , 2003 Notice of Disapproval concerning an "as built" arbor structure at less than 40 feet from the front lot line after attaching it to the existing accessory garage. Enclosed is the Notice of Hearing and a survey. The hearing on this matter has been scheduled for Thursday, September 25, 2003 at 2 : 10 p.m. at Southold Town Hall. If you have any questions or wish to support this application, please do not hesitate to contact me. .-Very tr ly yours, `// "f/61,7 L- Patricia C. Moore PCM/mm Enclosures Subject- 1000-54-4-13 1000-54-4-11 Mohammad Ahmadzadeh and Vera Ahmadzadeh 105 Hudson Street, Apt. 9S New York,NY 10013 1000-54-4-12 Alan Litner and Lorin Litner 111 East 85th Street,Apt. 30D New York,NY 10028 1000-54-4-14 IsidoreHandier and Ann Handler c/o Mono - Systems Inc. Suite 330 4 International Drive Rye Brook,NY 10573 OFFICE OF ,' ZONING BOARD OF APPEALS , `1 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 fax (631) 765-9064 August 25,2003 Re: Chapter 58— Public Notice for Thursday, September 25, 2003 Hearing(s) Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Between September 1st and September 8"': Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN RECEIPT REQUESTED,with both a letter including your telephone number and contact person, and a copy of your map filed with this application which shows the new construction area, to all owners of land (vacant or improved) surrounding yours, including land across any street, railroad tracks or right-of-way that borders your property (please see revised Town Code Ch. 58 enclosed). Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office at.the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) Before September 15th: Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for seven days; the sign should remain up until the day of the hearing. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) If you need a replacement poster, please contact us. 3) Before September 15th, 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) By September 18th, please file your Affidavit of Posting with our department to show proof that the sign has been posted at least seven (7) days. 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 7- � 0 19'65 COUNTY OF SUFFOLK .E \ a ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING November 12, 2003 siuti 1 v 2003 Town of Southold Zoning Board of Appeal Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Vonzuben, Fredrick&Antonia 5399 Wickham, J. Parker 5403 De Bruin, William and Mary 5404 Sutherland,Harold and Dorianne 5412 Diffley, Gerard and Karen 5431 Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:\CC HO RN WONINGIZONING\WORKING\LD200S\N0 VSD5399.NOV LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.-4TH FLOOR ■ P. 0. BOX 6100 ■ (5 16) B53-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 16)853-4044 APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road Ruth D. Oliva,Chairwoman P.O.Box 1179 Gerard P.Goehringer Southold,New York 11971-0959 Lydia A.Tortora Telephone(631)765-1809 George Horning WA Fax(631)765-9064 Vincent Orlando http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD November 10, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following decisions, applications, surveys, tax maps, building disapprovals, and related information for review pursuant to Article XIV of the Suffolk County Administrative Code; within 500 feet of: R— STATE OR COUNTY ROAD W —WATERWAY (BAY, SOUND, OR ESTUARY) B — BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND ZBA NAME ACTION REQUESTED R W B 5399 VONZUBEN, F &A ARBOR— FRONT YARD SETBACK X 5403 WICKHAM, J. PARKER ALTERATIONS — FRONT YARD SETBACK X 5405 DEBRUIN, W & M ADDN /ALT— SIDE YARD SETBACK X 5412 SUTHERLAND, H HANDICAP RAMP & DECK ADDN — SY SB X 5431 DIFFLEY, G & K 2ND STY ADDN — FRONT YARD SETBACK X If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, f Jess Bog Enc. cc: ZBA Staff cl ® (.7-oggei. 3003 .\1j D \ emc T-Qe ,e/9- y--Ar® r�r C S'Et'Tc/2713E2 as E..&-arc r SPa/ec 8.6/9/Ar-sr jam£ VMrZ oy5c,/ $ 7Rvcw,ec, W///CH CUE, E crRO t i mar da rr7/T' O V / ect . r S/7LL Po/v-;- U,nrrz)Exesr73ijo w Mgr yod alto /Moor- Nor o�E�Di /g P €/m ri 7b s r727-5 P,o r, runty, ^ ,) 177V _/ ele—H,Bo/e s ,i YW word /9 STOPard x ®/_-;oc (-0/ 1! 4o/we mu-Ernst „cf_ige —crAU, //= 77145 /o9g c c , t .cosi 7a f`-fl Co ts7W T/a 15 %Ltaa le!) / Do Es 1/4T /27&y--.4) T C'oUIQ9 E,c y o N 8/6/IT Foot rEnrc76( ,OR6Peder`y 7- 7W4/11.< Y0t fo,e YO 0 , 'ftf€Nic& r ((DU Ae E 5 (r£,e7, p,9/,k Z90/9, fl BUT /r J-US, :S'6E/�76 7agE___ 7ba JO-7*Y eXceic7oArs C57EAy 7 cwas % -/ve 0 E Fa/ &/GMi9TU,eLs 149 oS% 10E-d'€/li /16 in . 77-flike-- g gv/TE Ffr Pec/ /064,0 ( *2£ W f/9 D re Cr 7a %f//s S7Ruc7U.e c - e1"'Peci/DLL ti o sg- /,rE/6HEWS (246 ) ,4EE cc9-q No a91&‘-e-7)/(41254_,H 17n cie/14 / tt7 . 5 A lye\u \ - ,. iii t- A..D / oryAri to19/40 ,s pT. ,_,oa3 in Eivy or v$ MI E /atop. s F:, % - r eft gnrn OSsCRV Sc"1 Q/o/6 f creor n-7- >Tie /- r m'ee£ tt . cc 7C:li 0 77/C /�-c a , / Ffl f LL i E"/ gf F ti/i% 4V/2. T 4 /R.8oa 2 /K 6 3--7eUC77/.eeNS /Vfest / - S A6 6 F /S -- ieU/G60iNG , £X7rM/A9/Arc re , 401/ 7- 46 ` or ieoki2_ iliv of US /-/ P 6 eiti/JO CNFKc ED—_o u P8aPoe 77es' /72I0 so ,L' 019 P&€,on eiss A-1rq tazernivccs_-_ / /V 6610 f l I`i1-4NG a d vim-- or , t/£ co Lee S &R Ue,O _Gv /77? ,9- raP Ct/ofr e0 /9- _-- / OSS/e% 6 ie4DQ �f,hOF C RycflTh — 774Lca_ 7w 0 (s C{C/V (V£ oI CV 77- 4//-2 — if / - ,It — o ie _ At Ari > CeFC7loAZ, n-EX-r2 __7_71 rm.7', > fii€ _,,fin 5O/v c JE /26___ in/r. ._ / L cpg 71't 40'b&S 4Q_(?..O c c aE //pt/a ' 7Z' S6/n a /7-N0 /V o r D TitEgy '1 . „,... 4 JP # a2o ma„ —zaz.S N0 _ aEa.- „it dr. , .po 7.... - A - /.. V�✓/fwv+ - a u. PATRICIA C. MOORS RECEIVED Attorney at Law JUL 8 2003 51020 Main Road ie Jy Southold,New York 11971 3 3. . �O#VdNQ EO�ii�. PPEALS . ( Tel: (631) 765-4330l44, Fax: (631) 765-4643 /JQiild`A,, Margaret Rutkowski d/� MelissaMcGowan `¢andeaad Secretaries July 7, 2003 Southold Town Zoning Board of Appeals Lydia Tortora, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Fred VonZuben Premises : 1125 North Sea Drive, Southold, NY Dear Chairwoman and Board members: Pursuant to your request, enclosed please find seven (7) elevation drawings of the arbor for the above referenced matter. If you need anything further, please do not hesitate to contact me. Very truly yours, jLi iter . 1ookt Patricia C. Moore By: Melissa McGowan, Secretary /mm Enclosures PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary June 26, 2003 Southold Town Zoning Board of Appeals Lydia Tortora, Chairwoman Imo'---- , Southold Town Hall 53095 Main Road Southold, NY 11971 JUN 2 6 2U&3 Re : Fred VonZuben ZONING BOARD Or APP-ALS Variance for arbor Dear Chairwoman and Board members : Enclosed please find application (original and 6 copies) for front yard setback for "as built" arbor, together with 7 original prints of survey. Variance is required for south arbor only, north arbor shown on survey is, or will be, relocated so no variance is required for side yard setback. Also enclosed is my check in the amount of . Please place this on your hearing schedule at your earliest convenience. Very truly yours, ------Patricia C. Moore ��'� t UFFO( APPEALS BOARD MEMBERS P �> '�Co'; O Gym Southold Town Hall Gerard P. Goehringer o • • 53095 Main Road Lydia A. Tortora go r? P.O. Box 1179 George Horning j, ������ Southold,New York 11971-0959 Ruth D. Oliva, Chairwoman = '�0( •.?0�,��' ZBA Fax(631) 765-9064 Vincent Orlando - ,0,'' Telephone(631)765-1809 http://soutkoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD November 3, 2003 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 5399 —Variance with Conditions (VonZuben) Dear Mrs. Moore: Enclosed please find a copy of the Board's determination regarding the above application for a zoning variance. Please be sure to follow-up with the Building Department and other agencies (if any) having possible jurisdiction in this proposal. When submitting final drawings with amendments, and any other required documentation to the agencies, you may want to provide an extra copy of this determination during the agency final reviews. Thank you. Very truly yours, Linda Kowalski Enclosure 11/3/03 Copy of Decision to: Building Department i ,''' g''''''�-'= > \ss ELIZABETH A.NEVILLE i_ Dyd; Town Hall,53095 Main Road TOWN CLERK o - % P.O. Box 1179 h x Southold, New York 11971 REGISTRAR OF VITAL STATISTICS V' tit t MARRIAGE OFFICER Oiii l����, Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ';�Ql •�aQ,i� 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: July 7, 2003 RE: Zoning Appeal No. 5399 Transmitted herewith is Zoning Appeals No. 5399—Frederick Von Znben -Zoning Board of Appeals application for variance. Also included is a letter from Patricia Moore, survey, SEQR form, project description, notice of disapproval, and building permit application. —Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/02/03 Receipt#: 3821 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 3821 Total Paid: $400.00 Name: Vonzuben, Frederick Blue Mill Road Morristown, NJ 99999 Clerk ID: LYNDAB Internal ID:78233 V Ap N� SO / CERTIFIED TO' ✓ Frederick G. VonZuben �S�r Antonia VonZuben i ��G / FIDELITY NATIONAL TITLE INSURANCE o COMPANY OF NEW YORK k4,2t•2es E• S FNT 98 19367 ogs. N. A o 4FLOOD ZONE LINES FROM FIRM zto'� �' MAP NO. 36I03C0154 G MAY 4, 1998 -- o . 4,rt - - ,�sa COASTAL EROSION HAZARD LINE FROM . - COASTAL EROSION HAZARD MAP o� PHOTO # 56 566 - s3 w r} Tesler ELEVATIONS ARE REFERENCED ' por !pp TO K6.V.D. d•R5 a' O 0,prop e{evci-fi e' _l}ar, evQ- ., - 1 et go 15. exIn-• 1C �g3 A9.0 Ems © r n ', PEEK .r1' o tom. o `m Z ,��p t5•g Fel a x'PeD �q '' ly..p _ f rik TnCAST l f +a Z Tft, - ris , 73 c e, ` \i\ E- 's"I PO Pp-oP 4.0, Z. ? i Z : ' K EST HOLE , ' O• r I•9•SW - -.5(% own loamy a 40 x st ` .-..- `� 23.3' o c Sao 12.5' '-' - t o -, 1- ` ,- o i "ale brown it t,At iC Slum Io- 79ir Hca 3' t_4,.. • 4 •arse sand _ GG7"I` 5, 3•l peatO u '�w 6'1 }`s /� Fl brown { Z`, W '".. \ ow . �/j , 7II , oars, sand -4` 1 r g�6/4.6/03 i I N� 001 50 10• f i `f S 3g°Z '00 yd h �,i Vet- RIVE NOT: , 1 S ' -s ACE SEWAGE DISPOSAL �. /�R' 1 1n S=g01 i SYS DESIGN W l BY: •SEPH FIS TTE, P.E. c tic water •BART ROAD •. P' ' •UTHOLD, MY. 11971 (. II 765 - 2954 HOOSE F,e3 SURVi_ Y OF FR•L. PROPERTY et 81 10.0 PROPOSED RADE8.9 4- .,,.N.in \ ..,\\,.f... S, :\�7 AT SOUTNOLD - apo�,.: 7 moo GAL 3' TOWNOF SOU OLD ?4 ,,� TAM( 4nit gep'°t ` SUFFOLK COUNTY, N Y. - , _L __ 8 !tit of ei a sad ' 1000 - 54 - 04 13 mina cp. OFPRO AGE DISPOSAL SYSTEM a POOLS P" et a3 SCALE 1" = 30' . - , Ima a Saner 3.a Iwo L. PRECAST DEC .g,r�,ry�p - -77C TART 0077DM OF LEACHING C 16, 1998 .�`*'`. ..,—.4,.b%-,.,,.. 4 , POOLS TO -� a motet WATER $ JAN 23, 2000 ( prop, •• a 03 CRROSS SECT Y - SEPTIC SYSTEM JUNE29, 2 00/ SUN ti 6 �� i JULY 20, 2001 (prop. conc. pa • I r'�FSP" A - A 26,503 sq. ft to tie line JULY 30, 200, ( r-L I , mf AUG. 17, 2001 (conc. foundation- •. l r .0 Fen 2a F^po 2 61'EYri;—, c )C %;9,1' 0 ANY L i A209 OR ADEJITTON TA THIS SURVEY IS VIOLATION OF SE¢TIm 7209 OF THE NEW YORK STATE EDUCATION LAW, / �� ^^ErtC, Ate! EXCEP A. PER SECTION 7249-SUBDIVISION 2. ALL CERTIFICATIONS / F.p HEREO A-E VALID FOR THIS MAP AND COPIES THEREOF ONLY F 1— f,n An, LI Ns 49618 SAID OR.COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR ,r /p A. ' .' WHOSESI: ATORE APPEARS HEREON. : PECONNC S` =:if y0 . .., A l, ' ' ADCS LY TO COMPLY WITH SAID LAW THE TERM ALTERED BY' (631I 765 ' 59 0 -41.0 17 1797 MUST_ D BY ANY Amp AU SURVEYORS UTILIZING A COPY P. 0. BOX '9%-. i BROv T TO-DATE' ARE' M IN COMPL NCists SUCH WITH THE LAW.,AND 1230 TRAY :•,.. 1'S.T•4v ,%-V SOUTHOLD, • . 0 j,'N.� S ..1414 ft.,4999 r CERIFICATKw i 98 387 • • • ThafsVaST'Septernbeilt 200:. _ = " ▪; • - sworn says .2175 Hyatt Road, '_ :•-45380--Thigiyik.^-aTi:feqiiekf,r-forart:LOIS M'eGOWAN45384:tThii: .1zSofithOlk-parCeP#544.-32-. Advertising --24:rikkoe'r,,,4i10,;,.Sggition4.(2.9.,- A:Vf-,iifst4.-AiAli:ekttpea---VAiiaisq;14p.cipr .2:00 p in BISCHOFF---ancIFLJANE_WIN-,Department's Deembr „ Watchman, ,17;”, Request at Southold, ma0,4**efOf,-.1disapprovat*,--,"1.4:,200-3Nalide of Disapproval for a variance under Sections the notice of concerning the location of a..;..o..fcbifeeriiiiig 4,proposed-Igarigeand 100-244, based proposed garage with green- addition to 'the existing single on the Building DepaL Enient's tehonce d copy, has er than the family dwelling with a front June 13, 2003 NOtice-,7. Traveler rOs49.141.1:5 Location setbaCkatless an 50.feet, Disapproval ' pro --,itch week ;7:Property 4109.0h'40`Oir‘ctrip Vetv,Siiffolk-Avenue,_ existing 4)54(1. ,I:diwpflire*ifY,8ide •yard *wee s sivel y, spuby The Gloaming,Fishers 19 2 ,,, ,.ti..4fiagks,at,:les'slthab.-i0 feet " day of Is1and,Parcel 0=10 •"*- -„,,,'.11.0,0,45..kg;UASON TAGGART' ,.s•11-4.13:,y5 feet,,bn.th.c..,.. 05;twml-WINsiand a combined side 2003. #• 5-191Aliwika',"rNiiegf?ReaT;'!'-W,4.-.WerVjinder,Section 400-20 yard total of lessthan 25 25 feet.- 4,V.&aa/C4,4adeka, .ectiotPr0Oged.rnanerge'4"Vacantgaridiare4 of ' IOcatici;of:PrOPerty:.425. .".. 'A cfrg30314id;f9035 , referred to.as Street, Orient; •d--"`' • the Bui1ding Department's GTM 1000m-4=29 frOina.area 2 10 p m FREDRICK and QP.9,0KII1) 6,W2, 4992: Notice .of., from:gp..1.41proV,gd lot of 12,650 AISITONIA. -• VONZUBEN ::Pro-,h,scp",..ft.''referred to as:100-78-37,, #5399This is a Roque-Se for yard 28 Based on the 1-Building J'E Variance :ander'Sections 1007- // ▪ other than the required rear Departments-May -43,4 2002 33C and 007244;:based on the if day of yard, at 360 Wiggins Lane, Notice of Disapproval, theifluildipg-Eoppal,tippOs Notice Taraer 009,-..3547:;,JcprOpertia.-11a-sic merged under of Disapproval amended JuneL 28 33 Section 106;25'due to Coliiiiide72j,' 2003 concerning an "as ?arific27-KEI\INETIf2vid ownership with the fiist lOivaeF •at lessDORO' HY WOY'CHUK..r 'ãn' tithe after July 1, 1983'. ' -thah404'eèt frothth front l6( t5379.2 This_is a request for a :Zone Diaricti.AJC Agricultural line.'after,attaching it-to the "11----;---7,-( Variance under Section 100-33, ,Conservation. --Location of existing accessory garage, -at --"based' -on •' the - Building' -'Property: '8-1-5-'-Wabsso Road,---41-25 -North Sea Drive,- bepartn, en-t's March 25; 20Q3 Sonthold; ci34 1000-78-3-29. ,...SOuthold;Parcel#54-4-13.tnee of- OTisapprovalc - _ :2:20-p.m. VICTOR CATA- '-feefueSiingTaii-A-:`Fak•".f.`,BLASICOVIC'#5380:"Thig-is #5,32 'Thi g is a`request- Cfliuilt" location Of ianiaccessor4,,,Arequestsfori,4 Variatiae-f-ainderflcifor Variance,under ',Section.= vew York (shed),builaingilin Sectional)037.244 907a9A-.2, ,,based.: .=,-on the ;thanrequ,rrearyard, t 5807 .; -BialdingDePartinea0FebraAy,,_ -HAY Westphalia Avenue, -Mattitikk%-',."12003'-'N'atite,. of Disapproval 3;',„2603.-Ndtice,:of Disapproval, '6,2006 %sPafdel 100041:342161 Lmtoricerning,-a,pr9posect addition - coriceriimg, ,popOsed garage )(I 4.1cii50 'a:mtr.c.R3YLE0,and-ti'ElS-A16fIcanttgltefations.*ithxsptback -air id...vacant 4ot'adjacent to the ThiSvis.,.-4.ald,oleas, than,We,,..coderfequiremeat--...,:isouthgrly,residencetz.i.kthe app11-5.: request Vaiianee5n04.--, Location of Property::: Section-1043 Peannic'-.13ay-Bouleyard, / a311."'Y-,q.,11!4°1- - /-'34 ""' Taiii-e1;131=6.ef-106428-6r1S:4.. d120.8-3 NotiCe3QOfiD,fiappierQ417-?fi-J,P.4120 i;5.1-11rvn. - STANLEY 4;'Theilfaard ofi Appeals,itre :::ConCeriting14.:'..prciPosed),feneei,,,MALONt k5:3 83 383.-.This-zi f:TA hear'alllpeisons, or their rep- which Variance under .resentatvys,.kdormg to be I-Ont, Sections,..., Go-Lon rool "heartl..af eackliering, ' '.1Cated along the front yard, at 103C,'1)064 on the Building **beta'. wrifteA. 1'4925 Harbor Lane, MaP126;11:2003'i giateniefitiliefare,the coridti-' parcel 1 0.0071;36;47:11.2 concern- gias!,-af ;each..,hearing. Each and. F:,...inginew.-„constru'ction for,a..-.rri,11-,• heaing will not-s"tart earlier -BEVERLY CHRISTIANSON„,:tiple7iisefinilding with les than. than designateiraboye. Files ttr Thist 1' re-Oder:fa a 3d;000'.'§ia:Vper tiggAii-a_4ith are'available*for review (fur- frontage-greater'thA hours. If 24.2A'Aiterf00;144 based*?the2.,y(6011inearlfteet,'at 432745 Main you have any questions,please ' Building Dep4t11uentsMay 22, A.044;:kllieh9gue;,..Pareel.4909,-„:fitlo lesitaten,too call (611)-. _ _ _ , .4P,P,t,7;Votic„.ctof Disapproval 9:7;-,54.5;, ,one„Distriet: )3 „ 7654 809: - - Dated August 25 2003 and alterations to n existing 1 30 pm JAMES BOOMER Lydia A Tarfora,'Cliairwoinan; family dwelling with---.0(frogil.v#539.1:711iik'w'a'request_for a Boardof Appeals yttdi,gettaziast1ess,than13.5:feel Variance Under' Section 100 • :-1.-)C-9/11/03'(942) _ -40,0-0g4NgV§uffolk t)450d-1 on, TNew Suffolk,Parcel 1000-117- Department's Mar-64,'26;-`202,.; `4401Ff,t*.4:1 - Notice of Disapproval, amend ''..!-,.4.40;90.5440i:;.LAURENOE`r'41id-P-172,ed4iine') t20_03,colicretialtigtheflETTY "ANN; , ,-RU1311\TOWi;;:i.hgiihtOfia-•,proposedcaggessdryDepartment's May 19, 2003 - 100-1-33 . Variance under Section 100- tation of 18feet,at 800 Saltaire 244B, baled on the Building Way Mattituck, CTM 1000 Notice of Disapproval, `...(.A:11::40.,.)gdri!.';1 RAYMOND AND kteitaa-P2A,2003;:OnCeraina,„.-iF-AGNES,,COMBS...;154.934gnis. r Variances,ander., lag dwelling with front yard - 7:S.cp.ti3On§7;f0;9:-2424r106?-2"44; liagl4Alkg"0-ftfaii146,L=.fgef, 469=3 _based' the Mumiatawket Road, Fishers ''.71Ittui-14ii1V0.0artmerit'Sf;_NeticeIsland,Iarce1 1000-6-3-3 :; 4.0f,idisapfitokal 'amended'July 710:19,a.7.sifr."-TtLEN:D::;..:ZIM- 4„A,7-i5,-.703„.".9.0.acerning„.pirapased„, MERMAN #53 91• This is 4 additions to the dwelling;with , reqiiegoTo9gi4Warianeelviiikii-0'44Ide"iaiNatless tfigh.15'on one ;Sidedillb2g;feet 4641101'othef SOLITHOLplOWN,BOA side, for atiless f than 35 ap,dist- THURSDAI, 2003 PU3LC HE ,n-N Notice Of DiSaPpraVat concern- ping location Of the as-built shed 9 6?i ;tr. from NOTIC . I IiEREBY addition to attach the t breezeway-type tpt iessmant (5)feet Troinme existing qiirai36fif line tocatidn• of •GIVEN, #841dntt;,'-fo.. Secton • xiWng dwellm Property 6525 Indian Neck Tefe to'the ' • - ; , „Jane;.:East Marion, „Lane,,,Peeptiic;LPar-aelit.86?'6'.724'. weahitilcr-sg,4thiitlitcPq; brEF- ..94"Icitt,„:61$19'0,Ritcy4hytolk.- !VENEi' 'eft.;Jit..'1•.kind- CRAIG- 1°A41.g'OPIAL.i,PaPnTg0:*„1-06 # 221 Tifi's is a request for RAIA-#5396-'This is a request held "b-y TOWN BcIARD OF APPEAS 30A 4 based on the Building 100-242A at the Town Hall, 53095'Main and 100-244,7bage'ci. - partment's August 'on the Builthng,,.De'artment's Road,P0 Box V'? 0C1: 0r.cg '''N'Ofgd-dpbiqggtoral';VIOtgatg • June ,!:', 0(;2--10037',Notice 'of Xetv'z'?4Vok.ki',:'0911;49.95-9.01';40.'• 191rotigbkid- -stacce'ssory swim- Disapproval concerning pro y-tukg Ayri..-8EPTEMBER ” bi's6d''.--rieiv• COnStrdaidd with 25 2003 at41.104 times noted alP4e,41C below required rear r-k4.t1,1;,#5 o#tiligt yard setbacks Of asthereafter Iii.14jOrs,11Nth;'$oUth61111;;:teTM. less than 35 feet, and side yard ,PoigibleY 11500.4S41sL26.14"'''' "•-'" Ee'CatiOnr df- - • F4OITC-EOFLHEARINQ A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold, concerning this property APPLICANT: VONZUBEN , F '� & A TAX MAP #: 54-4-13 APPEAL: VARIANCE - SETBACK PROJECT: "AS-BUILT" ARBOR TIME & DATE: THURS . SEPT. 25TH - 2 : 10 P . M . If you are interested in this project, you may review the Town file(s) prior to the hearing during normal business days between the hours of 8am and 3pm . ZONING BOARD •TOWN OF SOUTHOLD • 631 -765- 1809 1, e_ Akt---PCM ;4 tr,0 ), 6 ,,•3 CO) 111,11tECEIVED FOMAo, JUN 2 4 2003 chit& -rizu Gk ) TOWN OF SOUTHOLD L� L. BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING BOARD OF APPEALS 7 sds 0-- (s)0160 . IR'. NOTICE OF DISAPPROVAL 46). DATE: June 13, 2003 AMENDED: June 23, 2003 TO: Fredrick and Antonia Von Zuben 1125 North Sea Drive Southold,NY 11971 • Please take notice that your application dated June 9, 2003 For permit for an "as built" arbor at , ti rb ,1))1. ()0 y( Location of property: 1125 North Sea Drive, Southold,NY \n111 6 County Tax Map No. 1000 - Section 54 Block 4 Lot 13 e``�� Is returned herewith and disapproved on the following grounds: The "as built" arbor, on this non-conforming 26,503 square foot lot in the R-40 District, is not pursuant to Article III Section 100-33C which states; "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard,provided that such buildings and structures meet the front-yard setback requirements as set forth by this code." The plans note a front yard setback of 5.5 feet. Therefore, the"as built" arbor is not permitted pursuant to Article XXVI Section 100-244, which states that non-conforming lots,measuring between 20,000 and 39,999 square feet in total size, require a minim gip ard setback of 40 feet. 7 Totalilot coverage, following construction, will be approximately 19 percent. This Notice of Disapproval was amended on June 23, 2003, after it was brought to the Building Department's attention that two arbors were built without a building permit which is a violation of South. ; "_ "Pruthorf Signa e Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. t 'i f 2, FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: June 13, 2003 TO: Fredrick and Antonia Von Zuben 1125 North Sea Drive Southold, NY 11971 I 36 Please take notice that your application dated June 9, 2003 . �e.� ‘ ,� For permit to construct an arbor at Location of property: 1125 North Sea Drive, Southold,NY County Tax Map No. 1000 - Section 54 Block 4 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 26,503 square foot lot in the R-40 District, is not pursuant to Article III Section 100-33C which states; "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this code." The plans note a front yard setback of 5.5 feet. Therefore, the proposed construction is not permitted pursuant to Article XXVI Section 100-244, which states that non-conforming lots, measuring between 20,000 and 39,999 square feet in total size, require a minimum rear yard setback of 40 feet. Total lo • eras e followin t construction will be a..roximatel 19 •ercent. 4 N. Auth• .z-d Signa re Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. TOWN OF SOUTHOLD BUILDING PE iT APPLICATION CHECKLIST BUILDINGbEPARTMENT _ Do you or need the following,before applying? TOWN.HALL "" Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved20 Mail to: Disapproved a/c e3 3 Phone: Expiration 20 Buildi7Inspector g3 F �_. , LICATION FOR BUILDING PERMIT ;, - 2000 Date � 20 4 ? INSTRUCTIONS . Thi "a. tial% be mpletely 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 the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code, housing code, .I. -: lations, and to admit authorized inspectors on premises and in building for necessary inspections. li (Signature of applicant or name,if a corporation) 6?o Zo Ma/el � �ra-�- �. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder /0#0-YYt-i— Name of owner of premises r-ed V 0 n 7(.4 (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. Location of land on which proposed work will e done: \ A mea, rive SA©I g House Number Street i Hamlet lunty Tax Map No. 1000 Section Block 011 Lot 1 3 )division Filed Map No. • Lot 1 (Name) 2. State existing use and occupancyjof premises,gnd intendi✓-d`use'and occupancy of proposed construction: •, a. Existing use and occupancy �J2 i-t 1.-/zci—ta • et b. Intended use and occupancy 3. Nature of work(check which applicable): New Building x Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To he paid on filing this application) 5. If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: From -�-e- - �-1' 1 Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories / 8. Dimensions of entire new construction: Front g,a Rear /0- 3 Depth Height F' Number of Stories Pr/A- 9. Size of lot: Front to o Rear '2(e ° Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated /2' Vo 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO u GIAa� 1 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO 14.Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO 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 * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF gip I(- ) Pear?..e-e-c., �jC 74,-0—c--"-- being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the /9/4671/"// (Co� ractor, 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 m 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. Swoqto1before me this -7--(/'- d.y of _ �_L 20 0 V r r40 /7= .-tel Notary Public Signature of Applicant Claire L. Glew Notary Public, State of New York No.01GL4879505 Qualified in Suffolk Cou ,ommission Expires Dec.8,--a0(67, �00 Np0 , N' 0 p M• CERTIFIED TQ; , ISLEft 38. Freddrlak 6. VonZuben ww1� i 0 Antonia VonZuben I / FIDELITY NATIONAL TITLE INSURANCE o COMPANY OF NEW YORK 4�2�.2p' E• /�� FNT 98 19367 wM 01 N. 4 Log AL V TIE G (eaI i5-) 00 • �N m FLOOD ZONE LINES FROM FIRM -F• f , MAP NO. 36103C0154 G MAY 4, 1998 o 4./'-'4" - - .4 e� COASTAL EROSION HAZARD LINE FROM w o�� tor' COASTAL EROSION HAZARD MAP , GI F� ,- PHOTO # 56 - 566 - 83 6.1 o sL o a '' ELEVATIONS ARE REFERENCED �, so?toy j0� Z TO N•G.V.D. 0. �' O �,ProP of ev�''t'do �� sA e l eve' Z� t� el 40 eX/ t'�l "' .1. m 17,*): :-.._ . * 4 C o (-) \ fee , / \yf'11 e1.92 b► % �- = 151 --_1 w wow' tog /'11�', c I� Q 15.9. WOOD gpLtrf. ? o ,, to 4 e0.100 .N, ice' ` / C. •NT Imo• 4 ,t ; i 1'' 11 JO. Z \tV ., -IN c' I STM < i &8' — \A r Atte lAJf aT.H.. '1 n. 045f s ' ' "T". 31111--W1 - TEST HOLE �, �1�%�• 1n e' 1 1,'' I ) � "i!/_�: ug Brown loamy E- . ;, :+ A'G,F°• >;,° _ /o _ N sand .90 8- .�. �G ; _ /" , - • b� SM 2 5' .. r: - I.0 9 .,re,% • Poleroad brown //16 ' 111@lllllnl /O - 2C/f !` '14 _• - .. ., y — coarse sand - :: r • . Fl ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK x In the Matter of the Application of AFFIDAVIT Frederick VonZuben and Antonia VonZuben OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 54 - 4 - 13 X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore residing at 370 Terry Lane, Southold , New York, being duly sworn, depose and say that: On the 114-‘ day of September , 2003, 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 o ace for seven days prior to the date of the subject hearing date, w 'c sari ate was shown to be September 25, 2003. (Signature) Patricia Moore Sworn to before me this I i01' day of Sept. , 2003 . L ` • a r Q'4' MELISSA McGOWAN (Notary Public) Notary Public, State of New York No.4995913 Qualified in Suffolk County Commission Expires May 4,20.9.,; *near the entrance or driveway entrance of my property, as the area most visible to passersby (Doni Mail Onl •No Insure ee Cove :•e Provr•e• a m a ,� ,l 1 �' w, LIZ 0 u i � C ii ;�t;`,..._ 4 ..• c' p Postage 171 i .,, .. �; t 0-' Certified Fee a•3 i�,i P ® 3p2001 ru ReturneFee Here p (Endorsement Required)ired) Restricted Delivery Fee N47 p (Endorsement Required) .J, H ,-q Total Postage&Fees $ 4.1)- Ln VonZuben .. ru Sent To Mohammad Ahmadzadeh and Vera Ahmadzadeh orrPOBoxApt No No., 105 Hudson Street, Apt. 9S 1= City,State,ZIP+4 New York, NY 10013 PS F.rm3:.0. . u... 1.1 -e R- - e •r n ruc w U.S. Postal Se v - CEP- • T ' • :1:[s3=lT2- (Dom Mail Only;No lnsurarree CovePage Provided ra ul 0 F F 111 C [ A L ARSE ' O Postage $ e 37 ..C4 .7411 O"• Certified Fee a,J p Postmark FU Return Receipt Fee , 7 EP..0 1'3200X 0X re2003 O (Endorsement Required) / , !/ oO Restricted Delivery Fee (Endorsement Required) > >, r-a Total Postage&Fees $ I••4 1� u7 — ye- ....._,,Agri c ru Sent To I idore Handler and Ann Handler . • clo Mono - Systems Inc. '--q Street,Apt.No.;Suite 330 C • O or PO Box No. 4 International Drive [s_ City,State,Z/P+4 Rye Brook, NY' 10573 PS Form 3800,,January 2001 See Reverse forJnstructr.rs 11L=�,INLILE;I iI 1i (Do Mail On! •No Insurarfce Cove a.e 'row•e. RI "per _ ul ra is t 7! .. rYkte r.,::'-ft.�� a,4 y ' rn O Postage $ ' r f'"•,;:::.! O"' Certified Fee n - w . YA. 0 2003 , ; �, PU Return Receipt Fee `. J r p (Endorsement Required) . r ci Restricted Delivery Fee (Endorsement Required) s \\4ti . ,""zt- r..1 Total Postage&Fees $, q.9 u, VonZuben ru Sent To Alan-Litner and Lorin Litner a Street,Apt No, Q or PO Box No 111 East 85th Street, Apt. 30D City,scare,ziP+4New York, NY 10028 PS Form 3800,Janua 2001 ee--v- STlP.1rSRRdinnor • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse XC�° • _ ■ ,ssee so that we can return the card to you: B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from•item 1? 121Yes if YES,enter delivery address below: ❑No. Mohammad Ahmadzadeh and • Vera Ahmadzadeh Vice` 105 Hudson Street, Apt. 9S :� • New York, NY 10013 3. Service Type' •`, ES Certified Mail 0 Express'Mall . ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. ArticleNumber (Transfer from service label) 7001 2510 0002 9603 5131 PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI.03-P-4081 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender. Please print your name,address, and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 VonZuben 4 # g '' i ! if It t ift i t 4.ps. 1?t?il?°St�!?iie�ittic?i;i ?!?:�iii?t???i tiiitt5�i >; ??i?? eie _441014: •it•imraraMy_x • feaumielma xiivarldildLeote_onli" • Complete items 1,2,and 3.Also complete A. Sign,t re item 4 if Restricted Delivery is desired. f'r 0.A! ■_ 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. Date of Delivery ■ Attach this card to the back of_the mailpiece, or on the front if space permits. t Article Addressed to: D. Is delivery address different from item 1? 0 Yes if YES,enter delivery address below: 0 No Isidore Handler and Ann Handler c/o Mono - Systems Inc. Suite 330 4 International Drive Rye Brook, NY 10573 3. Service Type Certified Mail '❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) EF Yes 2. Art ;: i:i ; ; ;;; jii (TR i{ tit i { !{{: .. .. { . {{{ 4 { {{t{{ ? . .% . E PS Fl 2ACPRI-03-P.4081 I C-N, 19 UNITED STATES POSTAL SERyICS pai'd • :4 5 SE? -; ° Sender: Please print your name,address, and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 VonZub en ".1 rc - J ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK - .- x In the Matter of the Application of AFFIDAVIT Frederick VonZuben and Antonia VonZuben OF (Name of Applicants) MAILINGS CTM Parcel #1000- 54 - 4 - 13 COUNTY OF SUFFOLK) STATE OF NEW YORK) lMelissa McGowan residing at 555 Marlene Lane, Mattituck , New York, being duly sworn, depose and say that: On the 3rd day of September , 2003, I personally mailed at the United States Post Office in Southold , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. /K t,�kl Cc' f?�` ou>czlL— Melissa McGbwinature) Sworn to before me this 3rdd day of September , 200 3 • �!-47J otary Public) MARGARET C. 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