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HomeMy WebLinkAbout5358 ifennerll , - m I7- 3 _1 910 re pJte �u xt 2Y1441,. Q 1�.._F.Dirl ifiTE 41'535$ - fN 1 !34 1D3 PDQ_( - paMi.+L 5i r/>/03 owx , APPEALS BOARD MEMBERS r,r �egFOLtc py• Southold Town Hall Lydia A. Tortora, Chairwoman ti 53095 Main Road Gerard P. Goehringer _ $ P.O. Box 1179 George Horning O .F��� Southold,New York 11971-0959 Ruth D. Oliva ;y,, �O�rrr� ZBA Fax(631)765-9064 Vincent Orlando =.'� jig ;r0r Telephone(631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD ) I; 1S A„k FINDINGS, DELIBERATIONS AND DETERMINATION SEP 4 50Q3 MEETING OF AUGUST 7, 2003 ®' "� Appl. No. 5358 - Jay Kennedy Southold Town Clerk Property Location: 330 Maple Lane (Private Road #3), Orient; CTM 17-3-2. 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 46,206 sq. ft. parcel has 280 ft. frontage along the south side of Maple Lane, a private right-of-way, and is improved with a two-story frame house situated 8.9+- feet from the front lot line, as shown on the survey prepared by John C. Ehlers, L.S. 4-19-01. BASIS OF APPLICATION: Building Department's April 23, 2003 Notice of Disapproval, citing Section 100-33, in its denial of a building permit to locate an accessory swimming pool partly in a side yard, instead of entirely in a rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 24, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct an inground swimming pool in the westerly yard, most of which is located in the rear yard and partly in the side yard. The setbacks of the proposed 16'x32' pool are requested at 28 feet from the west side line and 44 feet from the front lot line, as shown on the April 7, 2003 landscape design plan prepared by Rob White. 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 relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's home is located close to Maple Lane and are related to topographical concerns and neighbor requests to locate the pool in this proposed area. This yard location when viewed from Maple Lane appears as the rear yard, and meets or exceeds the setbacks of the Page 2—August 7,200i Appl. No.5358—J. Kennedy 17-3-2 at Orient principal dwelling structure, and will be screened with additional plantings as shown on the April 7, 2003 design plan. 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 location is mostly located in a rear yard, and only a portion of the pool is technically a side yard when measured from the rear line of the house. 3. The relief requested is not substantial because the pool will be 44 feet from the front lot line and 28 feet from the westerly property line, mostly in a rear yard. 4. The difficulty was self-created when the pool was planned in a location which did not conform to the current Town Code requirements. 5. No evidence has been submitted to suggest that this minor variance will have an adverse impact on the physical or environmental conditions in the neighborhood. In fact the neighbors confirmed their preference for the requested yard location. 6. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy a swimming pool, 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 Orlando, and duly carried, to GRANT the variance as applied for and shown on the April 7, 2003 landscape design plan prepared by Rob White. 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 :ddressed i -is action. Vote of the Board: Ayes: Members Tort. a (e/airw, - )/ oeh/ger, Orlando, and Oliva. (Absent was Member Horning.) Ti' is R /ol • a� •my .%opted (4-0). Vi cent Or T'o, - hair 'an Pro Tern 9/4/03 Approved for Filing FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 23, 2003 TO: Robert White / E N N € p `?) PO Box 125 New Suffolk,NY 11956 RECEIVED Please take notice that your application dated April 22, 2003 APR 2 5 2003 For permit for an accessory in-ground swimming pool at ZONING BOARD OF APPEALS Location of property: 330 Private Road#3, Orient,NY County Tax Map No. 1000 - Section 17 Block 3 Lot 2 Is returned herewith and disapproved on the following grounds: The proposed accessory in-ground swimming pool is not permitted pursuant to Article IIIA Section 100-33, which states; "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200, and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." The proposed . -• - . * in-ground swimming pool is partially located in the side yard. Tota of coverage w• • •e+/- 8 perce , . u�thoriz d S' ature 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. 4111aRG APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only ( J v Fee:$ Filed By: Date Assigned/Assignment No. 0-76 Office Notes: LA el CA Parcel Location: House No. 33D Street MO'LE 1-49/J6.- Hamlet O R IEN 1 SCTM 1000 Section ? Block (3 Lot(s) Lot Size Zone District I (WE) APPEAL T WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 1 23, 103 Applicant/Owner(s): A Y KENwe-DY SARAH Mailing Address: Q. 0. BO)( 25 ORIS:-N1 0 ( 9 57 Telephone: 631 - 32-3 - 12-y 9 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: R.0'5 W44-1 -re. Address: vX 12-C: , f)ELI) f f.1` �,) �/ /l74-62 t Telephone: 31 Z- 7 Please specify who you wish corf espondence to be mailed to, from the above listed names: ❑ Applicant/Owner(s) 44 Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED i'j/ 2 2/03 FOR: Z'Buiiding Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use U 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 1 A Section 100- 33 Subsection Type of Appeal. An Appeal is made for: fd'A Variance to the Zoning Code or Zoning Map, ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ❑ Interpretation of the Town Code, Article Section ❑ Reversal or Other A prior appeal❑ has 1has not been made with respect to this property UNDER Appeal No, Year al S Board of Appeals Variance Application for: Jay Kennedy/Sarah Jewler 330 Maple Lane Orient, NY 11957 Answers to Variance Reasons, Part A: 1. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties, if granted,because...the requested variance is for an encroachment into the side yard of only 4 feet, of over 46 feet, and will not be visible by the neighbors to the North, East, or South. 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...Ms. Jewler is weakened by a chronic illness and needs a pool location that will minimize the need for her to go up and down the hill that other locations would require her to transverse. 3. The amount of relief requested is not substantial because...three-quarters of the 16-foot wide pool will be in the backyard. 4. The variance will not have and adverse effect or impact on the physical or environmental conditions in the neighborhood or district because...the side yard is over 100 feet long. The pool will be 35 feet long, leaving ample room for the screen planting which will be done. 5. Has the variance been self-created?...No. 6. Additional information...The variance would allow the owners to place the pool on and existing hillside plateau. Moving the pool the extra 4 feet to put it in the backyard would involve considerable additional earthwork and construction, and require the removal of two 50+year old pear trees which currently add to the character of the neighborhood. • . • Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or (/) No. if not, is the construction existing, as built? ( ) Yes, or (l) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please pro eed to the signature and notary area below. or -_ _ �? Signature of Appellant or Authorized Agent Sworn to b re me this 021( (Agent must submit Authorization from Owner) day pf . 20 (Notary Public) LYNDA M. BOHN ZBA App 9/30/02 NOTARY PUBLIC,State of New York No.01606020932 Qualified in Suffolk County Term Expires March 8, 20 L!"7 41111 PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s). y k*!`SNet i/5,6.2/ 43G/L .R 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: � ' ., ,, , Square footage. JAZ ,t` : /020 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. IV Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s) V Please submit seven (7) photos/sets after staking corners of the proposed new 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 1111 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? 0 Yes ''No B. Are there anry proposals to change or alter land contours? 0 Yes No C. 1)Are there any areas that contain wetland grasses? t)p 2) Are the wetland areas shown on the map submitted with this application? 0 A. 3) Is the property bulk headed between the wetlands area and the upland building area? 1J•F1'. 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? (� D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N.L} (If not applicable, state"n/a".) E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? U,f)' (If none exist, please state "none") F Do you have any construction taking place at this time concerning your premises? ND 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? N 0 If yes, please explain where or submit copies of deeds H. Please list present use or operations conducted at this parcel f P.i1jL ;el ci and proposed use Authorize: Signature and Date APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME 1Z„,4:: W (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company If so, indicate the other person or company name) NATURE OF APPLICATION (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns.more than 5% of the shares YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold 1-2/1.1 Title or position of that person �0(),jr i LMJ\N Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) A) the owner of greater than 5°10 of the shares of the corporate stock of the applicant (when the applicant is a corporation), B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation), C) an officer, director, partner, or employee of the applicant, or D) the actual applicant DESCRIPTION OF RELATIONSHIP /Sr roti Submitted this o day o Signature Print Name --72 g 1,1)4 PTS , lc\?:..1 J Y (( 7 _ i Juvf ff 2003 , ZON NI90,MIC ,,,'3 I) -2.6 itowre., 1610(uG. sdamtv02--___ _ KEAPUepy lz.64,,P6kG 1 /044PLE- LA A)e..) -V2P -4-2.-.4 • sqc2L l&-)J ! ' I! • - !{ Apd z7 cr- IF& . SI leo I A gI 1 p. -17 - • !t! AZ7 vi _ nr,01 al A.—m..0h. r Keivii)arY7 6,a 34riom LIzrL iii APPEALS BOARD MEMBERS �o'' ,0' Ce so . Southold Town Hall Lydia A. Tortora, Chairwoman % o= 53095 Main Road Gerard P. Goehringer k y Z ; P.O. Box 1179 George Horning O *' 0 Southold,New York 11971-0959 Ruth D. Oliva `-y*0 a0�'��� ZBA Fax(631)765-9064 Vincent Orlando ------...,.•''' i jig �; 11. 4111) o. 0). • ELIZABETH A.NEVILLE ��h`Z` Gy Town Hall, 53095 Main Road TOWN CLERK � p P.O. Box 1179 ti Z i Southold, New York 11971 REGISTRAR,OF VITAL STATISTICS ,�� Fax(631) ?65-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER --_y�f i��� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER = '� �a��i southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: May 1, 2003 RE: Zoning Appeal No. 5358 Transmitted herewith is Zoning Appeal No. 5358 of Jay Kennedy & Sarah Jewler by Bob White for a variance. Also included is: Short Environmental Assessment Form; Project Description; ZBA Questionnaire; Applicant Transactional Disclosure Form; letter of authorization dated April 27, 2003; photograph; Notice of Disapproval dated April 23, 2003; copy of building permit application; and survey. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/01/03 Receipt#: 1102 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 1102 Total Paid: $150.00 Name: Kennedy, Jay&Jeweler, Sarah 300 Maple Lane Orient, NY 1957 Clerk ID: LINDAC Internal ID•74197 .''; ' COLOR . AP t a �e' LL N. 1�f :.?- 7 .` • • TRIM . 7-1° V y // ; I • - 4 e M. Bldg. .lb" , , r YS ..�I Foundation Bath _ v` X e Dinette 7,7 7 Extension ,�v `; `f Z5" 94 t '2, Basement �AAL,, Floors , K. Extension Ext. Walls t -sF`t �.^ 4 Interior Finish LR. p Extension Fire Place / Heat Al, .37 DR. Type Roof 6,4 ;3 4 Rooms 1st Floor / BR. �" 1 Z ro Poi C72-oc.)2--) r Recreation Room Rooms 2nd Floor FIN B.pyx� _ �� (� � � t -�. --- `t' t `-tXZI ~.2`?y c(.fA t o hi_ f x/Y - 1 vo (--D17--- ��� j h Dormer kw.-r t.GtA.v tx J..3 - -7 g - �+ of Driveway (-2t:Ca) I'i . 7Zo . Garage a r f x .R 2-.A.• _6- i } i5 ,97.--4( _ Patio O. BI 1 ©20 12- 0(200) - - Total q - (Q€ . ,2) a' t r,o�— -45-35-0 ea•vm-ALI - ,i ,./.- -- ,,‘,,,,, , - - TOWN OF SOUTHOLD PROPERTY RECORD CARD 2 OWNER STREET 3 0 VILLAGE DIST. SUB. LOT , 1 : 130(bavci Jew(e.•( r _d_c.4 o P,r-cia -t-_ Yck 3 FORMER OWNERtE ACR. I , :::::44 k`_ 't iii, el ii kcitett-C.„ irtet...,k ht,ir, A.L-75/6.7 )40 (.oG 1 is W TYPE OF BUILDINGii 1/ ' i , ! ,Ref hi Ja1 ( , 7 1- /14:-/ ----- titt ZES. 02 )0 SEAS VL. FARM ` COMM. CB. MISC. MktOValue eD IMP TOTAL DATE REMARKS 7"\ .,,-1.f f.:' 0 ,... 1' o< i)u L k_, / ,,, 0 4 7. .F..; - ''''b..i_..., — I n .. 77 - (- .. -t4- -1-c, __ -C) 0 1--, O 0 ./ q 40 0 : „I. 6 7 2 6' c) 72 7c-''' /o, 760 l_r/2-2/6'S sCk\--uti4 r;1 1-1 E .. 4-0 S4 114 eYtiqQ*-1, —6iA \iv:. 1 i (:,:r, ,, i:4, L 4. :i tt-V „ a-Soo ll ,oco too il \-110 I E:(7,Vc.it -L.t 21;i2 r t .1-:',. '_21i, <: , „., --r) Jew 1-031()A— 6P-It -831 6 - s te. fnrni li resvci_or%ea_ -51iwis- . AGE BUILDING CONDITION „* .-_kt # ,61?/-\ NEVV NORMAL . BELOW ABOVE 1-5- 19 k I FARM Acre Value Per Value Acre Tillable 1 ---ImIli) Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD /0.00 House Plot .____DEPTH / 0 BULKHEAD N.0 ......... %.0 *...-0 .11.00 Total DOCK t NOTICE OF PUBLIC HEARING THURSDAY, JULY 24, 2003 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, JULY 24, 2003, at the time noted below (or as soon thereafter as possible): 1:10 p.m. Jay Kennedy#5358. Request for a Variance under Section 100-33, based on the Building Department's April 23, 2003 Notice of Disapproval. Applicant proposes an accessory swimming pool partly in a side yard location, instead of entirely in a rear yard location, at 330 Maple La., Private Rd. #3, Orient; CTM 17-3-2. 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: June 20, 2003. Lydia A. Tortora, Chairwoman Board of Appeals i . at' 1970 Vanston ' Road, / Cutchog 'arcel 1000-111.3- 1-2,2," ,. 10:3J1. u>a St:' t'for'a -- Var ance%Ai der SectionA-00- 244B0 100`244E t based-.95n ie<:Buildi PPPAARAngs,-;April_,4,-.-„,:;290 COUNTY OF SUFFOLK Notice of Disapproval. STATE OF NEW YORK ss: Applicant--proposes an-additi to the:: ,g,dove ' Lise Marinace, being duly sworn, says single"s�e'rd at that she is the Legal Advertising feet,-and. combined side at sLEGALNOTICE • ' ' �lesiPt aSkeat,i.af-3G000se Coordinator, of the Traveler Watchman, .SO LD WNG,"'' Crgelibil ane;'Southold;.l Urcd a public newspaper printed at Southold, :'+••`' et� Y-14,20 3 �'10:4P. 1a i0.':peiiic ' e s in Suffolk County; and that the notice of -,- i,C ARINGS'•` '' - #5346-.'Repeat for' N cc which the annexed is a printed copy, has E - IS J ;HEREBY` ' under:.S c 1000- C abased .,GI T;p ,to Sectiori-267 , ?on/the,B , . D .< ,,,,ends been published in said Traveler l +'" D v1, �3,:alcia 'ti :rP€nes Watchman once each week -Se.tl 6 ,4th f ,al e pub ' an a'�c&ssory',,,,1 fiouse)tp st for / week(q- successively, Ji ltctillibejheld y-the ture at less than 60 feet from=hie comme ci 4 o the day of ,e t- e ,,s,. 1 ...; �, ts;l .t.,•5 �. s 1. '°'iii ' : . =g 09-40„. -q'' 0 , 2003. IkilliSiV4e °� 'On'� ity Y�''` '#545 r. ! ' n ' 0 ,Ut !; t:Elie.-tries noted ',under ion -3.6AA,based • ,.- ,W1 r s soon,'there r ;.., ,on,:: ',Jct. ..;B "., eut''s Pon:• 0 0)a -. . _ -April;Jct.' :'of • � 3Al and Che yl Di val:Ap li pro .9.�;IiN.�f 1 ,i most for'a., to-1b to lsti an J dayof '�c • 1 ,based Ot)- area otliar`tbaa;.as ale d Swo ' to e ore me this . .�( �. t. on,"the , • , .,.,:: .. •.:- ,.1�.,.,� � r.,.,'. 30 1f10= o -' Burin �A rid 4, . . ....., 2003. 8 teP P See Legals nexf page► /Legals from preceding page 1:30 pm. J. and B. Severini #5344. Request for a Variance tives,desiring to be heard at each #5303. Based on the Building under'Section 100-244,based on hearing,and/or desiring to submit rearand location,at 10939 Main Department's January 10, 2003 the Building Department's written statements before the RoadEast Marion;Parcel 1000- Notice of Disapproval, applicant February 4, 2003 Notice of conclusion of each hearing.Each 31-4-28. ?guests a Variance under Section Disapproval, amended June 19, hearing will not start earlier than 11:00•a.m. Joseph Gulmi and 10u-239.4B to construct addi- 2003. Applicant has a single- designated above.Files are avail- Susan Braver Gulwj #5340. tion(s)to the dwelling at less than famil dwelling under connstruc- able for review during regular Request for a Variance under 75 feet from the existing bulk- tion �BP #28154-Z) which does business hours.If you have ques- Section 100-33, based on the head, at 565 Gull Pond Lane, not conform to a single side yard tions, please do not hesitate to Building Department's March 4, Greenport;CTM 35-4-28.27. requirement of 10 feet and coin- call(631)765-1809. 2003 Notice of Disapproval. 1:40 pm.Harold Reese Jr. and biped sides of 25 feet, and the Dated:June 20,2003 Applicants propose a swinuning $chembri Homes#5349.Request front setback is less than the min- Lydia A.Tortora,Chairwoman pool, accessory garage and for a Lot Waiver under Section imum 20 ft.requirement and con- .Board of Appeals accessory shed in anarea other 100-26, based on the Building ditions under ZBA #4160. `1X 7/3/03(806) than the required rear yard,at 250 Department's March 10, 200 Location of Property: 59235 Pine Tree Court, Cutchogue; Notice of Disapproval, to County Road 48, Greenport; i Ect,- ;', Parcel 98-1-7.11. immerge vacant lands located at Parcel 4 -2-11. 11:10 a.m.Nancy Stein#5260. 1025 Seawood Drive and 8360 2:10 p.m. Charlotte Deliteris Request for Vanances under North Bayview Road, Southold. #5371. Request for a Special JUL 7 2003 Sections 100-242A and 100-244, Applicant proposes to build a sin- Exception under Section 1100- based on the Building We-family dwelling on CTM 79- 31B to establish an Accessory Department's April 29, 2003 7-63, a described area of Apartment use in the owner's Notice of Disapproval.Applicant 14,379.24 sq..•ft., merged pur- existing single-family residence, itamx io �t?n tip °'�"P€A,,L.s; proposes additions and alter- suant to Section 100-25 with an at 455 Summer Lane, Southold; ���-� - _.. _-„ ations to the existing dwelling adjacent area of +- 28 acres, Parcel 78-9-13. with a front yard setback at less CM1 79-7-55. 2:20 p.m. William Goggins than 35 feet and single side yard 1:50 pm. Zoumas Contracting #5382. Request for a Variance at less than 10 feet,at 2665 Cedar #5345.Request for a Lot Waiver under Section 100-30A.3, based Lane, East Marion; CTM 37-4- under Section 100-26, based on on the Building Department's 12.1. the Building Department's April amended May 16,2003 Notice of 1:10 p.m.Jay Kennedy#5358. 3,2003 Notice of Disapproval,to Disapproval.Applicant proposes Request for a Variance under uiunerge lands located at 155 and an addition to the existing Section 100-33, based on the 205 Sunnyside Road, Southold. dwelling with a single side yard Building Department's April 23, Applicant proposes to build a sin- at less than 15 feet,and less than 2003 Notice of Disapproval. We-family dwelling on CTM 63- 35 ft. combined side yards, at Applicant proposes an accessory 1-5, containing a described area 1780 Jackson Street and 8755 swimming pool partly in a side of+- 9,100 sq. ft., merged pur- New Suffolk Road,New Suffolk; yard location, instead of entirely suant to Section 100-25 with an Parcel 117-10-14.1 (13 and 14 m a rear yard location, at 330 adjacent area of+- 18,900,CTM combined). Maple La., Private Rd. #3, 63-1-4. The board of Appeals will hear Orient;CTM 17-3-2. 2:00 p.m. Lefkios Antoniou all persons, or their representa- I 2003 Notice _of Disapproval. ApplicantS,propoSe;tik-additibn the`-ejciatiiig side yards at less than 15"feet tdtursaneck 144500 NOSsau Point toad, Cat,01$1*f!Avbei'MOO' - 9:40 a:rn a• • #5354:'Request fot"a UnderSeetiOn 100-244 nasedon the%Hair*Depattment's 4,ri! 17,2003 Neticebf -:i•• • ' Applic**oiloses ; 4:011 416:eX.Ittiligf tbtal Side less=emir,*ebde cequgement of2$fee anctirblit 11,1rd atfleSa.thail:35 7-2-23. feet,*1095 More Di*e, Greenport; 1000- -4 • •t4: ,0111.fr- ;1 Ot -;,as.I100- .44.3&A.:4,.10?-33'; based pith%DritPlOttes lantiary''22, titice of Pisvpitc*yoicaPtttyi9oge '41teril#011.V'ti) •eicitink dwelling'at less*1'35 fect,fropa the front lot tine, and .accessponrt-and*"ns'built" ° •. .t..1,a,rd-logtet than the V4,-;aiP5 1.filltop Son olch. Pax,ecl '1000444-20. ' a=41, 11101445,64 - #5356: RectiOst :f r• a variance under Sect:K.4100-244, based - on the Build* Department's' April 14, 2003 Notice of Disapprbl. Applicants propose an addition to the exirAting,dweging,01,4ifss than 40 feet from the rear lot *ep, 4. .215 Kraus R90, " .Wttielc:Fire4,12215:7. 10:10 limnatandmilm -Cirgce V5353. Requestlor a Variance under Section 1)00- 30A..144:reg. ,100;33), based on the u4ng bepaitment'S Yune 1 ti7200 Notice of DiSapproVtil. APPlicant fir9Poseetcdoc*an 4r•MrKaiYzgar:ageli9/0(XX4-0fea , o.theT;than a Code_required;ear yard'‘Iodation; at &l5 Avenue Goose NypiEs4i*:$0udita-ki; .Aur#14uuk77-1141, , ,1444,4444 "#5350."'Reoeit 'for atianeeniidee Sectio 1O03, bagel on the ' Department's April 1, 2003g of Disapproval. /7r l 15' 17f€6`) COUNTY OF SUFFOLK ekvit, o2ao3 Ccs""` -- k � 0. v .� 2.4 ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING September 29, 2003 OCT c 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) New Suffolk Shipyard* 5149 Melhado, Warren 5287 Sonnenborn, Donald 5315 Frohn, Frederick 5317 Hurtado, John** 5319 Antoniou, Lefkios 5344 Cephas, Derrick*** 5346 McKee, James 5350 St. Pierre, Joseph 5351 Rock, Crystal 5352 Carney, Thomas 5353 Rapisarada,Noel 5354 Reed, William 5356 ✓Kennedy, Jay 5358 Stein,Nancy 5360 Baig, Tarig** 5369 Goggins, William & Donna 5382 *Alternate relief appears warranted consistent with appropriate developmental restrictions, particularly as set forth by the Z.B.A. ** Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria, particularly as relates to the swimming pool (#5319) and two family dwelling (#5389). LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TH FLOOR ■ P 0 BOX 61 00 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 16) 853-4044 I September 29, 2003 ......... FOLK COUNTY PLANNING DEPAR".. ._AT Page 2 ***Premises should be encumbered by appropriate developmental restrictions, particularly as set forth by the Z.B.A. Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:\CCHORNYIZON ING\ZON ING\WORKING\LD20031SEP\SD5149.SEP OCT 8 2003 LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4T1-I FLOOR ■ P 0 BOX 6100 ■ (5 1 6) 853.5 190 I00 VETERANS I IEMORIAL HIGHWAY HAUPPAUGE, NY I 1788.0099 TELECOPIER(5 I 6)853-4044 �� %oiRF°L1t APPEALS BOARD MEMBERS �e 1,.hr� Dy Southold Town Hall Lydia A.Tortora, Chairwoman ! 53095 Main Road Gerard P. Goehringer ; y Z P.O. Box 1179 George Horning OJj� .F Southold,New York 11971-0959 Ruth D. Oliva y� �0�••'1 ZBA Fax(631)765-9064 Vincent Orlando =_' _ ; ' Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD September 23, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5358 — Kennedy, Jay Action Requested: Pool, partial sideyard. 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 Southold Zoning Board of Appeals LAT:jb Enc. NuTIcE OF HEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall , 53095 Main Road, Southold, concerning this property APPLICANT: KENNEDY, JAY TAX MAP #: 17-3-2 APPEAL: VARIANCE -YARD LOCATION PROJECT: ACCESSORY SWIMMING POOL TIME & DATE : THURS. JULY 24T" - 1 : 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 nF SOUTHOLD • 631 -765- 1809 SURA OF PR ER•rY — - - - - - -- - - SITUATE: ORIENT - TOM: SOUT�-IOLD N SUFFOLK COUNTY, NY MAPLE (RIGHT -- of WAY) _ LANE E � �E'rED 04-14-OI _ _ - � -�__ c ___ W - aFr-OLK COUNTY TAX S83 ` r - ` - __ °59,40"E � 1000 17-3-2 - �•OV.W' ' S 16450 O• ssuilinItimgaff N*. esiont. - .. <4..A +-s-- --- ---- tom` :K - GN _ .29.5 _AN_, tiivr �4 = R....:.-R.._ -^.= g i I / 2 STORY 0 �_ tip,-ti== 8 • f, -; --- ; FRAME IJ i HOUSE _\ .,A . l cn in LAvy111 : El 0 s W tit ea' \ , _. / - W 6 . ________________ . Az' .. .... 11111111111h. —,‘,/ FC/..1C-11‘.36, 1 j ? tJ i PRCfPoS�D PcoL !6'x32' r = i _ _ , _ 8 1 I = zT Rt—rAI Ni F,1G o.IAL i.5 j r. ➢ z FR/4 fE _ r g Av� NI = . • G _ R.4= - 8 ARAf�� - C J- - T � zo SEYtii .O PACK 20 em VI ......_............_.k.... N83°31'00"W " _ 281.45' .03: L .- hN✓ •Y'J✓r :ice - 7.^..,i- - -�- NOTES - = - i •ti= II N10►�LJN£NT FOUND ;• • :� 1 Q PIPE FOUND t � s '� .., - • POST FOUND CERTIFIED TO- : O - _ I JAY MAL BARBARA SUSAN J W.R • F1 AREA = 46,206 SF OR 1.06 ACRES FFiRSIAMEAGVEBOGLIGAN TITLE INSURANC- compANY OF NEw YORK . •- _.. . - . ABSTRACT CORP. JOHN C. "°RF°' BANK EHI,ERS LAND SURVEYOR NORTH GRAPHIC SCALE I 30' 6 FwS r MAIN STREET N Y.S LIC NO 50202 wiwowinuminimiii R;IVERHEAD.N.Y. 11901 • - __ ---- -- 369-8288 Fax 369-8287 REF-1Wald p scrvlPROSu01-166 nrn • SURVEY OF 1-rOPERTY — -- SITUATE: ORENT N ' TTO1 WAN: SOUT}-101.17 SV� r0LWVI�TY, 1� i -- E MAPLE -_ E (RIGHT SOF WAY) LAW ` E SURVEYED 04-1.51-01 - - - - - - - - - - - - - - _ _ -__—_- E — --_ E _ — SUFFOLK COUNTY TAXto •p" 583°59'40"E •�> / t .= s 1000-11-3-2 !• '� �fl!!#'f>R� ,. ,: 16450' ezi, • ##s+i�s+G w ♦ • •-s J:atS ROOF EVE i _.i. ~ \ ______ . 5•b 1095 / CO 1 ge / , 42• 4 - , 2 STORY / .H Ud LAND NOW OR PORMERL Y O� 8 r FRAME `-., O RAID A MAHAFFY lus a HOUSE R \\\\\ e / y .REEK '" ,._ E DF-..K O D / . s w I�3 . .y w3 _-_--moi \ / 73 p.,„,.., Vwl /``-- a8' k \ 1 / . - �~- '¢ rE N G 1 N D N b , ..,...,,z7,7-• PR Vo SSD Pool- • *1)(32 I _ Z g4 _ PROS D _ T. s RTAInH.titG� WALL‘ 2.3 til FRAmE4 TX g I GARAGE v DLAND NOv' OR E0RM_RL Oc8 DISAPPROVAL .� RE.D A NA-A- s ✓ _ 1 C� Z • •g • — 4— I ., * ri‹ - , 20' Sof i&AC.K .... 2� �• 00 I tit • N83°31'00"W r.RE __- _� ` 281.45' I ,13:r6, 1-'� Di LAND NOVv Ok ;=ORM�R:Y 0= tom-- • ) 111 NOTES. : 11 y _ >_ , .il • MONUMENT FOUND • : # "' °' , ;e' . c+ .. p PIPE FOUND CERTIFIED TO: ` 0 POST FOUND Fti. "•4 JAY MAL GOLM KENNEDY BARBARA SUSAN JEWLER 2,•13 �. =.1 AREA = 46,206 SF OR I.06 ACRES FIRST AMERICAN TITLE INSURANG� COMPANY OF NEW YORK JOHNC. FREERS LAND SURVEYOR AQUE80GUE ABSTRACT CORP. NORTH FORK BANK 6RAPHIG SCALE I"= 30' 6 EAST MAIN STREET N.Y.S. LIC. NO 50202 RIVERHEAD,N.Y. 11901 369-8288 Pe., 369-8287 REF.-\\Hp erld\PROS\01-156.pro —n'aaz ••7,... *+.r...rx ro se - TOWN OF SOUTHOLD BUILDING WIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL 2 20 _ i 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: Approved ,20 Mail to: 1J Disapproved a/c J Phone: 9 3 ©7 Expiration ,20 Buildi g Ins ector APPLICATION FOR BUILDING pERNDISAPPRovAL Date A-PR.. j. It> , 20a� INSTRUCTIONS a. This application MUST be completely filled m 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, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. /44 16-Nt---L2 (Signature of applicant or name,if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises vAY M, KEN, E>' `�' 3AAThIQP,A StJS4 35v)L8-a, (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. 2&`7 q _1.-12 Coo 1-5) 1. Location of land on which proposed work will be done: MAP LE LAS 070.._i C NY House Number Street Hamlet , County Tax Map No. 1000 Section 17 Block Lot 2 Subdivision Filed Map No. 1. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy P12- 1%1.k & Me b. Intended use and occupancy 's' ft.'tm, " >_-- 3. Nature of work(check which applicable): New Building Addition t/ Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost 3,0) 0,0;) Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units lL1/A Number of dwelling units on each floor N/4 If garage, number of cars ,L/A, 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. AVA 7. Dimensions of existing structures, if any: Front NIA, Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front AJ/4 Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front /i X .j Z Rear Depth 7 2 - 7 Height Number of Stories 9. Size of lot: Front 2_00 ' Rear 2 op/ ' Depth /•to 10. Date of Purchase A0A Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES f/ NO Will excess fill be removed from premises? YES NO jAY M. KEIONECy 1 EJ ropsYI °G 14. Names of Owner of premises ,,AeA* JE-U./Lk 2. Address Phone No. 0/2 '��5' i5-3 Name of Architect Address Phone No Name of Contractor M4 f? X OOL-S Address .-IA/'1 PIM) 3hYS,nf>hone No. 7223 • /7?7 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO ✓ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF1R ) 0'P,e= t4 , being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the Are9“Gi (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. Sw rn to before me this 1 day of L 20 0 2, . /ir tary Public Signature of •pplicant LYNDA M.BOHN NOTARY PUBLIC,State of New York No.01606020932 Qualified in Suffolk County., Term Expires March 8,20 , • ti ZONING BOARD OF APPEALS TOWN OF SOUTHOLD NEW YORK - x In the Matter of the Application of AFFIDAVIT (JAY K& D5AeAt� O EUR-62-. OF (Name of Ap Ii nts) MAILINGS CTM Parcel #1000- 17 - 3 - Z , --------- ---- ---- --- — — -----------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at , New York, being duly sworn, depose and say that: On the 15 i day of JUL/ , 2003, I personally mailed at the United States Post Office in Nkv,/ c20F )(- , 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 (rrAssessors, 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. • V_‘ .LTA. (Signature) Sworn to bgfpre me this J r`ay of l/ v. , 2003 JOYCE M.wluaNS ✓ v Notary Public,State of New York '�`-`- No.4952246,Suffolk County (Notary Public) Term Expires June 12, Vii, 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. 0 Lcri- 1 J,4cIM t 7 - z - 1, 1i/ SMA df[ 021n) , 6\/ 057 1 7 - 2- - ?j, ( Et ii J3 (C I Zrl - (o c)cx,k1uA-rrc ' 112--b , 0637/ MA AfE / 1 + X1¶1 Li 1)0/0E-Di/•)i FL , 54685 17 .- 3 - m.v5 , Wm, S4-1-12.1 €Z 30-7c 12$ MAlAj 13 At Otzt �T ) H' 7 (7 - 3 - 1QMe5 W LLLS Eitz bevo y Atcft2 1,6014120Wo bead 1 rt., . 7 - 3 c441L6YtANz6-, A ' lko51-CC c-/e, 1<ATt-i7L66i 17Agr4-1)1\ , i\s\J o7''23 Nt/' a 0. JUL 1 8 2003 1 ZONING BOARD OF APPEALS • `� ,J��_ s1 `z4 _ ;` TOWN OF SOUTHOLD'NEW YORK x In the Matter of the Application of AFFIDAVIT J y keit 542,444 e+tu OF SIGN (Name of Applican ) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, c)46 7 !,1 Y -t/L' residing at DSC 1Z' j i jt7�fOLlk,. , New York, being duly sworn, depose and say that: On the 944.. day of 1."..1 , 2005, I personally placed the Town's official Poster, with the date oearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, wh' h-arin• dat- wa n to be J Sworn to befte e this (6- day of 3 , 2003 LYNDA M.BOHN Y� J _ NOTARY PUBLIC,State of New Yolk No.01606020932 Notary Public) ied In Suffolk County_ TermalExp s March 8,20 *near the entrance or driveway entrance of my property, as the area most visible to passersby. 1 y I - i 1 f M ,a. 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