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HomeMy WebLinkAbout5498 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 http://southoldtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 8, 2004 ZBA Ref. # 5498 - JONATHAN GILSON and REGINA EBEL Property Location: 1185 Mill Road, Mattituck; CTM 106-9-6.4. RECEIVED .'.,Zo £4 APR 16 2004 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 applicants' 3.21-acre parcel has 164.40 ft. frontage along the west side of Mill Road in Mattituck, lot depth of 647.50 feet along the northerly lot line, 271.61 feet along the westerly lot line, and 654.74 feet along the southerly lot line. The property is improved with a two-story frame house, accessory garage, and accessory storage trailer. BASIS OF APPLICATION: Building Department's February 5, 2004 Notice of Disapproval, citing Code Sections 100-33 and 100-242A in its denial of a building permit application concerning an accessory garage, which will become more nonconforming in its existing side yard location, after construction of proposed additions to the dwelling. The code requires an accessory building to be located in a rear yard. The new construction is at the side of the existing detached garage, and the April 18, 2002 Building Permit (#28291-Z) required a relocation of the accessory garage to the rear yard location, as applied for. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 18, 2004, 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 recently constructed new additions to the existing dwelling, as shown on the March 29, 2002 amended survey prepared by John C. Ehlers, L.S. The porch at the rear of the dwelling places more of the existing garage in a side yard location. The existing garage replaced the former garage destroyed by fire (BP#11980-Z), and has remained in its present location since 1982, with setbacks 25 feet from the south side line and at least 115 feet from the easterly (front) lot line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - April 8, 2004 ZBA Reft #5498 - J. Gilson and R. Ebel CTM # 106-9-8.4 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 Board is aware of the 35 years that a detached garage has been in this (partial) side yard location. 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 problem arose when the applicants agreed to change the location of the three-car garage during the construction of the additions and renovations to their home. In fact, the addition extended the depth of home into the rear yard, placing more of the existing garage within the side yard area. 3. The difficulty was self-created. The applicants had knowledge of the code requirement to move, relocate, or destroy the garage, in order to get a certificate of occupancy for the additions in the dwelling when a building permit was applied for (BP #28291-Z dated 4/18/02). 4. No evidence has been submitted to suggest that a variance will have an adverse impact on the physical or environmental conditions in this residential neighborhood. The existing topography and proximity to lot lines will not be changed. 5. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and a garage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the survey dated September 21, 2001, revised March 29, 2002, with the following conditions: 1) That the garage not be used for sleeping or living, and be used only for accessory storage as authorized by the Code; 2) That the utility of electric (and cold water) shall be permitted; that other plumbing and heat is not permitted in the garage. 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 Page 3 - April 8, 2004 ZBA Ref. #5498 - J. Gilson and R. Ebel CTM #106-9-8.4 addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5-0). A Ruth D. Oliva, Chairw~"~an 4/16/04 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 18, 2004 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 18, 2004, at the time noted below (or as soon thereafter as possible): 10:30 a.m. JONATHAN GILSON and REGINA EBEL#5498. This is a request for a Variance under Sections 100-33 and 100-242A, based on the Building Department's February 5, 2004 Notice of Disapproval, concerning an accessory garage, which will become more nonconforming in its existing side yard location, after construction of proposed additions to the dwelling. The code requires accessory buildings to be in a rear yard. Location of Property: 1185 Mill Road, Mattituck; CTM 106-9-8.4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809.\ Dated: February 23, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 FEB 1 9 2004 ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL TO: Deborah Doty A/C Johnathan Gilson & Regina Ebel POBox 1181 Cutchogue, NY 11935 DATE: February 5, 2004 Please take notice that your application dated February 4, 2004 For permit for additions and alterations to an existing single family dwelling at Location of property: 1185 Mill Road, Mattituck, NY County Tax Map No. 1000 - Section 106 Block9 Lot 8.~4 Is returned herewith and disapproved on the following grounds: The applicant was issued a building permit on April 8, 2002, for additions and alterations to an existing single family dwelling, located on this conforming 3.21 acre parcel in the AC District, with the understanding that the existing accessory garage would be relocated to the required rear yard. Following the construction, the applicant has decided not to move the accessory building. Therefore, a ~ertificate of occupancy will not be issued on the property pursuant to Article llI, Section 100-33, hich states, "In the Agricultural-Conservation District and Low-Density R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessor~ uses shall be located in the required rear yard." The existing accessory garage was located partially in the side and rear yards. Following construction, the garage was made more non-conforming, by being brought further into the side yard, which is not permitted pursuant to is not permitted pursuant to Article XXIV Section 100-242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." 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. APPLICAT]~ TO THE SOUTHOLD TOWN B(~D O1; A~ I%]11~ ~;~--~ We FEB 1 004 Filed By: ~ Date Assigned/Assignment No, ~ ' "[ ~' ~ ~' ' ~ ~ ZONING ~OAHU OI APPEALS Fee: Office Notes: ParcelLocation: HouseNo. 1185 Street Mill Road Hamlet Mattituck SCTM 1000 Section 106 Block 9 Lot(s) 8.5 Lot Size 3.21 aCZoue District AC I (WE) APPEAL THE WRITTEN DETERJMINATION OF THE BUILDING INSPECTOR DATED: February 5, 2004 Applicaut/Owner(s): Jona~qan Gilson & Regina Ebel Mailing 310 East 46th Street, Suite 23H, New York, NY 10017 Address: GILSON J & EBEL R (DOTY) 5498 GG Telephone: 212-696-9200 (o) ACCY GARAGE / SIDE YARD ~' 1185 MILL RD MATT '106-9-8.4 AG NOTE: If applicant is not the owner, state if applicant is owner'sattor,,=~,~;~,,,, .......... , ....... ~ ................. , Authorized Representative: Deborah Doty, Esq. Address: 670 West Creek Avenue, PO Box 1181, Cutchogue, NY 11935 Telephone: 631-734-6648 Please specify who you wish correspondence ti) be mailed to, from the above listed names: ~] Applicant/Owner(s) ~tAuthorized Representative [3 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 02/04/04 FOR: [] Building Permit ~ Certificate of Occupancy 12 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 III Section 100- 33 Snbsection XXIV 100-242 A Type of Appeal. An Appeal is made for: 1~ 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 [3 has g has not been made with respect to this property UNDER Appeal No. Year v~. Bldg. i ~-;~/~ - // ~2 h ~$'~/'1 ]Foundotion_~ '~ .... ,~ ,,~' ~ ~ Both ,/,~ Dinette' i/~X~ ~~¢ ~ ~," o Z~. Basement Floors K. j ~xtension j /~ ~t~ J,~:*~ /Sf~' ~Ext. Walls ~ Interior Finish .~ ~_ LR. Extension [ ~ ~ ~ ~/ .~ ' ~ ~. ' ~ ~7~ ~0 /f ~ ~/Fire Place j ~ Heat y~ r~ DR' , ~ ~ j Y' K/ ~ : ~ iZype Roof Rooms 1st Floor BR. ~ Z ~.' ~ ~ Dormer )arch ..~-~ZI~ r ' ~( [Recreation Room Rooms2ndFIoor FIN. B. ~o~ch6C~ 7zr~ · ~) ~¢~, /, Br~ : , : :` ~ ~ ~ ~ [Driveway J Garage ~-~ z~ ~, ~ ' ~/~ ~- j ~ 'r I , O.B. ~ TOWN OF SOUTHOLD PROPERTY RECORD O\VNER FORMER OWNER STRE CARD ~_ z~' VILLAGE SUB. LOT ) E ACR. W TYPE OF ),ES. SEAS. LAND IMP. AGE N~ NO~AL FARM' Acre Tillable 1 Tillab[e 2 FillobJe 3 Noodland SwaMpland 3rushland qouse Plot total VL TOTAL FARM DATE BUILDING CONDITION BELOW ABOVE Value Per Value Acre COMM. CB. MISC. Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD ~ ~ ,dr DEPTH BULKHEAD DOCK FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 28291 Z Date APRIL 18, 2002 Permission is hereby granted to: JONATHIkN GILSON SUITE 23H NEW YORK, NY 10017 for : ADDITIONS AND ALTEP~ATIONS TO AN EXISTING SINGLE FANILY DWELLING AND RELOCATION OF AN ACCESSORY GARAGE AS APPLIED FOR at premises located at 1185 MILL RD County Tax Map No. 473889 Section 106 pursuant Building to application dated APRIL Inspector. MATTITUCK Block 0009 Lot No. 008.004 Fee $ 971.30 1, 2002 and approved by the ORIGINAL Rev. 2/19/98 Page 2 of 3 - Gilson/Ebel App~pplication BACKGROUND The premises is the southernmost lot of a four-lot subdivision of the Bergen farm. The subdivision was approved by the Southold Planning Board in 1987. The lot contains 3.21 acres and presently is improved by the original Bergen farmhouse and a three-car garage. (Copies of Pre-Existing Certificate of Occupancy #Z-27990 dated October 3, 2001 for the dwelling and Certificate of Occupancy #Z-27989 dated October 3, 2001 for the accessory three-car garage are submitted herewith.) Prior to October 1982, there was a large "barn & stable" (the "barn") to the south of the house. The eastern portion of the barn extended beyond the back wall of the house and into the side yard. In or about 1982, the barn was destroyed by fire. By Building Permit dated October 21, 1982, the Southold Building Department granted the owners permission to "construct a garage to replace building destroyed by fire" in the "same location as before fire." (See application, permit and map from Building Department file #Z-11980 submitted herewith.) The 26x36 foot three-car garage has existed in its present location since 1983. The front of the existing garage extends approximately 6.3 feet beyond the back wall of the house into the side yard. It is 25 feet from the southern property line. (See November 13, 2001 survey submitted herewith.) Applicants purchased the premises in December 2001. On or about April 1, 2002, the Southold Town Building Department received the owners' application for a building permit for "removing existing 1 story kitchen, building 2 story addition, new foundation for whole house, rebuilding and reducing front porch" together with 3 sets of plans and a survey of the property. The rear wall of the living space of the dwelling is in the same location as that on the original 1 story kitchen. An 8x28.5 foot open porch was proposed to be attached to the rear of the dwelling. (See application and March 29, 2002 survey reflecting proposed additions submitted herewith.) Anticipating issuance of the building permit and eager to begin the renovation, commencement of the work to raise the house and to pour the new foundation was scheduled for April and May, 2002. The Building Department, however, advised that a permit would not be issued unless the owners agreed to relocate the almost 20-year-old garage from its present location to the rear yard. Faced with the prospect of a long delay in commencing the already scheduled work, the owners acquiesced to the Building Department's demand. The Building Permit was issued on April 18, 2001 authorizing "additions and alterations to an existing single family dwelling and relocation of an accessory garage as applied for." A copy of the survey with a drawing of the proposed relocated garage is submitted herewith. Having nearly completed the additions and alterations to the dwelling, the owners and their architect have examined the garage and further reviewed its proposed relocation. The owners now are seeking a variance authorizing the continuance of the garage in its current location. 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (a) a larger barn existed in the same location prior to 1982; (b) the location of the garage was approved by the Building Department in 1982 despite its side yard location; and (c) the garage has existed in its current non-conforming side yard location without objection since 1983. Page 3 of 3 - Gilson/Ebel Appe~plication The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because (a) it is not certain whether the garage can be moved because it is built on a concrete slab with no floor system; (b) assuming that the structure could withstand a move, it would cost between $10,000 and $20,000 to relocate the garage; and (c) the 14+ foot distance between the house and garage precludes the attachment of the two structures by an open breezeway which, by code, cannot exceed 10 feet unless the attachment complies with the requirements for livable floor area. 3. The amount of relief requested is not substantial because: (a) (b) more than 6 feet of the garage extended into the side yard prior to the renovation; and only 14_+ feet of the existing garage now is located in the side yard. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because there would be no change in the existing contour in order to maintain the garage in its present location whereas relocation of the garage will require a new foundation, removal of the old foundation, substantial grading and the addition of fill. Has the alleged difficulty been self-created? ( ) Yes. construction existing, as built? ( X ) Yes. ( ) No. ( X ) No. If not, is the 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 proceed to the signature and notary area below. ~gna[u~'of-Appellant or Au"fl~rized Agent (Agent must submit Authorization from Owner) Sworn to before me this / 9 day of February, 2004 Notat~ Public LORRAINE KLOPFER ~rnis'~ion Expire~ NOV. 66¸ PART'ZAL PLOT PLAN 5CAL.E: r'=3o'-o,, 647.50' ~SU~VE¥ OF SITUATE: MA'I-FITUGK TOI~IN, SOUTHOLD SUFFOLK ~OUNTT, SURVEYED O~-DI-OI AbiENDED Oq-25-OI, Oq-28-OI, poop. odd. SC, T~ I000-10~-q-8.4 CEI~.TIFIED TO: JONATHAN ®ILSON RE®INA EBEL C, ONiMONHEALTH LAND TITLE INSURANGE COMPANY NOTES: · MONUMENT FOUND O PIPE FOUNO STAKE SET AREA = I~q,E25q SF OR D.21 ACRES ®P-.APH lC SCALE I"= FEB t. S72'"24'00"E 647.50' 37.5.34' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\kHP SERVERXDkPROS\01-277.pro APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard R Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.nort h fork.net BOARD OF APPEALS TOWN OF SOUTHOLD April 16, 2004 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064- Deborah Doty, Esq. P.O. Box 1181 Cutchogue, NY 11935 Re: Appl. No. 5498 - Gilson & Ebel Variance Request Dear Ms. Doty: Please find enclosed a copy of the determination rendered by the Board of Appeals at its meeting of April 8, 2004. Please be sure to contact the Building Department (765- 1802) regarding the next step in the building and zoning review process. You may want to furnish an extra copy of the enclosed determination with any other documents that may be requested by the Building Department for final reviews. Thank you. Very truly yours, Enclosure Copy of Decision 4/16/04 to: Building Department Linda Kowalski BY HAND DEBORAH DOTY ATTORNEY AT LAW 670 WEST C~EK AVENUe P.O. Box 1181 CUTCHO~UE, NY 11935-0876 FAX 631-734-7702 631-734-6648 February 19, 2004 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 RE: 2/15/04 Notice of Disapproval to Jonathan Gilson & Regina Ebel Regarding Side Yard Location of Existing Garage at 1185 Mill Road, Mattituck, NY (SCTM# 1000-106-9-8.4) Dear Members of the Board: I represent Jonathan Gilson & Regina Ebel, the owners of the above-referenced premises. The owners are seeking a variance authorizing the continuance of the garage in its current location in the side yard. Enclosed please find an original and six copies of the following: (a) Notice of Disapproval from the Southold Building Department; (b) Application for a Variance, Project Description, and Consent from the owners for me to represent them in connection with the property; (c) the Environmental Assessment Form; (d) the Questionnaire; (e) Transactional Disclosure Form; (f) Pre-Existing Certificate of Occupancy #Z-27990 dated October 3, 2001 for the dwelling and Certificate of Occupancy #Z-27989 dated October 3, 2001 for the accessory three-car garage; (g) Application, Permit and map from Building Department file #Z-11980; (h) 11/13/01 survey; (i) 3/29/02 Building Permit Application and 3/29/02 survey; 0) survey and sketch showing relocated garage; and (k) photographs. Also enclosed is check #4778 payable to the Southold Town Clerk in the amount of $400.00 for the filing fee. Encls. cc: Jonathan Gilson & Regina Ebel DD:bdr Respectfully submitted, Deborah Doty FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 5, 2004 TO: Deborah Doty A/C Johnathan Gilson & Regina Ebel PO Box 1181 Cutchogue, NY 11935 Please take notice that your application dated February 4, 2004 For permit for additions and alterations to an existing single family dwelling at Location of property: 1185 Mill Road, Mattituck, NY County Tax Map No. 1000 - Section 106 Block9 Lot 8.4 Is returned herewith and disapproved on the following grounds: The applicant was issued a building permit on April 8, 2002, for additions and alterations to an existing single family dwelling, located on this conforming 3.21 acre parcel in the AC District, with the understanding that the existing accessory garage would be relocated to the required rear yard. Following the construction, the applicant has decided not to move the accessory building. Therefore, a certificate of occupancy will not be issued on the property pursuant to Article III, Section 100-33, which states~ "In the Agricultural-Conservation District and Low-Density 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 existing accessory garage was located partially in the side and rear yards. Following construction, the garage was made more non-conforming: by being brought further into the side yard, which is not permitted pursuant to is not permitted pursuant to Article XXIV Section 100-242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance Wilb.,re~ar~l.lo4hcq;egulations pertaining to such buildings." 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. .~ITUATE: MATTI TUC, K ITOi.",IN: ExDUTt--IOLP !.e,UFFOLK 6,OUNT~, NY' ~URVEYE[20q-21-OI AI'd~NDED Oq-25-OI, ©q 28-01, II I~-OI prop. odd. 0~-2q-©2 5E.-T ~ IOOOH O,E;,-q -~.4 C. ERTIFIEE) TO: JONATHAN RE®INA EE3EL (_.OI'4MON~EALTH LANE) TITLE INSURANC. E NOTES: · f'4ONUi~ENT FOUND O PIPE FOUNE) STAIC. E SET AREA = I~q,65g SF OR ~.21 ACRES ®P-.APH lC.. SC. ALE~ I"= o $72024'00"E 647.50' 37.,.5.'14' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\htlP SERVERkD~PROS\01-277.pro FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY FEB i 9 2004 ~ONING BOARD OF APPEALS No: Z- 27990 Date: 10/03/01 THIS CERTIFIES that the building DWELLING ~catlon of Property 1185 MILL RD (HOUSE NO.) County Tax Map No. 473889 Section 106 MATTITUCK (STREET) (HAMLET) Block 0009 Lot 008.004 subdivision Filed Map No. Lot No. __ conforms su~stantlally to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NIRMBER Z- 27990 dated OCTOBER 3, 2001 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ENCLOSED PORCH.* The certificate is issued to RALPH & HELEN BERGEN, JR (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTP~NT OF ~IEALTH APPROVAL ELECTHICAL CERTIFICATE NO. PLUMBERS CERTIFICATION *PLEASE SEE ATTACHED INSPECTION REPORT. N/A N/A N/A A~z e/ignat ~r e Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPA~RTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-27989 Date: 10/03/01 THIS CERTIFIES that the building ACCESSORY Location of Property: 1185 MILL RO~/~ (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 106 Block 9 ~ Lot 8.4 subdivision Filed Map No. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 11, 1982 pursuant to which Building Permit No. 11980-Z dated OCTOBER 21, 1982 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY THREE CAR GARAGE AS APPLIED FOR. The certificate is issued to RALPH CARL & HELEN MARIE BERGEN, JR (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF H]L~LTH APPROVAL N/A ELECTRICJ%L CERTIFICATE NO. PENDING 10/02/01 PLUMBERS CERTIFICATION DA'r~u N/A ~A 0r~d~re Rev. 1/81 TOWN OF $OUTNOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N~ Y. BUILDING PERMIT (THIS PER~IT MUST BE KEPT ON THE PP, EMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) ZONING ~OARD OF APPEALSl N? 11980 Z Building Inspector. Rev. 6/30/80 FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y, 11971 TEL.: 765-1803 £xamined .%,.z~..~,. .......... , 19... .................. ..... :....,// ... ~~~ (Buil~ng Inspector) INSTRUCTIONS Application No. /(/- ~ .~.~. ....... Datet~O~/ ............ , 19 / a. This application must be completely filled in by typewriter or in ink and submitted in triplicate 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 street., or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by tile Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances o: 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 tc admit authorized inspectors on premises and in buildings for necessa~ inspections. ·//,. zee ./~ :9:..~-.~.<.../. ,~. ¢.... (Signature of app~cant, or name, if a corporation) ........ ~ .,~.zT.~-. ~ fL/J(. ..... ././?. E'..~. (Mailing address of/~ applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ..... //'~.Z./~Z~f... ~...~1.1~,~'/~ .~'. ,(-~.,,, ,z~.~.~.,~o..~'f...~...~... ...................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ..... .. .... ..... ' '(Name and t~tle of corporat~ o~cer) Builder's License No ...... .d~ ................ Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... I. Location of land on which proposed work will be done..~...~..'-~.. ..... ,~'.,.~]7-~./7'~/:~.~..~/~..-. ......... . ~, :'.:_7~.::7 ............ ~.e~:./~ t~.~...~?~ ............ m.a 777:/'/.-:~..c./< ,.. [louse Number Street Hamlet County Tax Map No. lO00 Section .../O.~ ........ Block .... ~. ............ Lot...~. ............ Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing ,,se and occupancy .... .~.A~I f~'?....,~.q~S.~'~-'ffP/~..C,~... ,fi~fl~,,../~. ~'.-~.C .7~...C../~ .~., b. Intended us~ and occupancy ..... -.~.-/~..~..d. ',~. ?..~.....,~.. C'~ ~.:. ............................... 3. Nature of work (check which applicable): WBuilding,.....~ff.... Addition .................... Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) (to be paid on ~ing this application) 5. lfdwelling, number of dwelling units ............... Number o f dwelling units on eanh floor ................ If garage, number of cars ...... ~ ............................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ........... t .......... Number or, Stories ............. ,, ........ 8. Dimensions of entire new construction' Front .,~ ~, Rear .~ ~ Depth ~ Height .... ./~. ....... ,Number of Stories· ' ' / ........................... 9. Size ofint: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Former Owner ............................. 11. Zone or use district in which premises are situated ..................................................... 12. Doesproposedconstructinnviolateanyzoninglaw, ordinance or regulation: ..~..O. ......................... 13. Will lot be regraded ..... ';x~ .O. .................. Will excess fill be removed from premises: Yes No 14. Name of Owner of premises/~,~,~.~q~,~ ~ 2~'~, .~Address .... /~ff-- -~. ~ '. .... Phone No ................ Name of Architect ........................... Address .... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. FEB i 9 2004 IZONiNO BOARD OF APPEALS STATE OF N~/OR~t . , .4~ S S COUNty . (Name of individual signing contract) above named. He is the ..................... ~..~..-/.~..~..~..~ ...................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that ail statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this Nota~,~ub[ic ........ ~.~ ..... -~,.~.,,~-~- .~~.. County - ~ -- .... "~,..m~<[ ~.~ ¥,, (~t{gnature of applicant) FEB i 9 Z004 ZONING ~OARD OF APPEALS ELIZABETH A. NEVllJ:E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PlO. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATED: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Neville March 2, 2004 Zoning Appeal No. 5498 Transmitted herewith is Zoning Appeals No. 5498 - of Jonathan Gilson & Regina Ebel - Zoning Board of Appeals application for variance. Also included is Transmittal letter from Deborah Doty dated February 19, 2004, Notice of Disapproval, Board of Appeals application, Project description, Zoning Board of Appeals questionnaire, applicant transactional disclosure form, short environmental assessment form, copy of building permit application, three copies of survey, four color photos, copy of application for building permit issued to Ralph & Alice Bergen, copy of pre-existing certificate of occupancy (house) issued to Ralph & Alice Bergen, copy of certificate (garage) issued to Ralph & Alice Bergen, building permit dated October 21, 1982, letter from Jonathan Gilson & Regina Ebel authorizing Deborah Doty to act in their behalf. Applioant¢): pRoJECT DESCRIPTION (Please include with Z.B.A. Application) Jonathan Gilson & Regina Ebel FEB I 9 2004 ~ONING BOARD OF APPEALS I. If building is extsting and alterations/additions/renovations are proposed. A. Please give the dimensions and overall square footage of extensions beyond existin~ building2 Dimensions/size: (!0 x 4.5l + (18 x 61 + (11 x 6) + (2R_5 x R) - (R × 4) Square footage:_ 45 + 108 + 66 + 228 - 32 = 360 square feet B. Please give the dimensions and square footage of new proposed foundation areas wbich do not extend beyond the existing building2 Dimensions/size: irregular Square footage: 1,468 s~,are feet (from Property Card) II. If landis 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: continuation of existinq qaraqe partially located in side yard IV. Additional infolTnation about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): See application V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. 7/02 ]°lease m>tc Fw-&e;' cha~:gcs, after s~b,ntting the abovc m/brntatio~t, m*~S't be placed in writing a~td may require ~ ~en' A¢Ece cf Di3'approwd ~o ~ho~ change.r /o r/te initial plans [f additional time i.s needed, ];lease co.tact ~)~s~ of/Toe, or ~lease ch~ck wifl~ [t~dlcti~zg Depm'm*ent ?65 ]802) or Appea/.s Depa~'rmer~ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes [~No Are there any proposals to change or alter land contours? [] Yes 3tNo FEB t ,q Z¢]4 ZONING BOA~PEALsl 1) Are there any areas that contain wetland grasses? no 2) Are the wetland areas shown on the map submitted with this application? no 3) Is the property bulk headed between the wetlands area and the upland building area? DO 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? no Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? n/a (If not applicable, state "n/a".) Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (If none exist, please state "none") Do you have any construction taking place at this time concerning your premises? yes If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. Do you or any co-owner also own other land close to this parcel? no where or submit copies of deeds. If yes, please explain Please list present use or operations conducted at this parcel single family ci~elling with detached garage and proposed use single family dwelling with detached g~rage Authoriz~-~ Signature and~Date ~ sl7~ SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION fro be completed by ADI31icant or Prolect sponsor) A"PUC.~.T ~PO.SOR I 2' Jonathan Gilson & Regina Ebel] Garage FEBi .9 1185 Mill Road, Mattituck (SCUM #1000-106-9-8.4) Existlng detached garage to remain in present location in side yard. Town Code sect±on 100-33 requlres that accessory buildings and structures be located in rear yard. ,. WHAt ,S ..~E.T L*~C USE ,. V,C,H~ O~ .~OJECT? . . STATE OR LOCAU? NO II y~t, It$i agency,} lad °.¢m4Val:°roYals Certificate of O~cupancy for additions and alterations to existing one-family dwelling ~. OOES ~NY ASPECT OF ~HE AC,'~J~ HAVE A CUrReNTLY VAUD PE~.I~ OR APPROVAL/ ~ Y" ~ ~' "Y~ ~,, .e:~,cy ..me ,n~ °e,m,U,~;,o~,~ Building Per. it frc~ Southold .Town Ai~plicanu$~30.$ol n~me: __Deborah Doty as attorney- for owners the action is in Ihe Coastal Area, an_d you are a state agency, complele Coae{a! Assessmepl Form before proeoedlng with ~his essessmenl OVER APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the par[ 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: Jonathan Gilson & Regina Ebel (Last name, first name, middle initial, nnless you are applying in the name of someone else or other entity, such as a compmly If so, indicate the other person or company name) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance x Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: RF F!V D FEB I 9 2004 ~'ONING BOARD OF APPEALS 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 x If you answered "YES", complete the balance of this fom~ and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5 % of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest m a non-corporate entity (when the applicant is not a corporation); C) mi officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this Print Nmne: L~I~ ~ty as attom~ for~ appliers TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 Exammed Approved Disapproved Wc Expiration_ /¢~ ,20 E:~ PERMIT NO. O~[q~C{ BUILDING~/T APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 3 sets of Building Plans V Planning Board approval Survey Check Vr -- Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: APPLICATION FOR BUILDING PERMIT Phone: FEB ~ ZONING BOABD or INSTRUCTIONS Date 20_ a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with sets of plans, accurate pict plan to scale. Fee according to schedule. b. Pict plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and watertvays. c. The work covered by this application may not be commenced beftre issuance of BUilding permit. - d. Upon approval of this application, the Building Inspector will issue a Building Permit to the apphcant. Such a pemm shall be kept on the prentses 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 ~ssues 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 zonh~g amendments or other regulations affecting thc propc~y have bccn enacted in the interhn, ~he Building inspector may authorize,.in writing, the extension of the pemfit lbr an addition six months. Thereafter, a new permit shall be required. ' APPLICATION IS HEREBY MADE to the Building Department for the issuance cfa Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, ~br the construction of buildings, additions, or alterations or for removal or demolition as herein descrthed. The applicant a~ees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to adm~it authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) C.r~ Lt=e~ L.C_e. IXZLMt~c2X'Bp..~, pC... (Mailing address o f applicant) State whether applicant is owner, lessee, agent,~'~ engineer, general contractor, electrician, plumber or builder Name of owner of premises (As on the tax roll or latest deed) If applicant i~ 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 be d01~e: House Number Street County Tax Map No. i000 Section Subdivision Hamlet e TAT:' ~ - t~r.'":'~ :,:'; ~l', ~; - ',' Block ~ q .... Filed Map No. ' .... ~Name) 2. State existing use and occupancy of premises and intended use and occupancy posed construction: a. Existing use and occupancy 4. Estimated Cost ~ [SO~OoO.--' 5. If dwelling, number of dwelling units If garage, number of cars Nature of work (check which applicable): New Building_ Repair ~ Removal Demolition b: lntendeduseand°ccupancy ~fi., Pa~ta~m~ ~a~-~ I iT~ lr.~-~c~..,~, llu~,~., 2. Addition ~, Alteration Other Work ~.~I¢,.. ~e~i., l~v4u-o (Description) Fee (To be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front ~ Rear 5'~ .Depth ~'c[~ Height. Number of Stories 2- Dimensions of same structure with alterations or additions: Front %~..C ' ~ Rear ~'1,5 Depth ~ ~J~ Height Number of Stories 2- 10. Date of Purchase IZII'~]ol Dimensions of entire new construction: Front Height Number of Stories Size of loti Front Rear Name of Former Owner Rear .Depth FEB i O 2004 .,~IONING BOARD OF APPEALS 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO ~ 13. Will lot be re-graded? YES NO ~( Will excess fill be removed from premises? '/-ES__ NO '~ 14. Names of Owner of premises a~-r ~ Caa.~o~ Address ~ ~ta~' I Ita~'~ t'none rqo. -] 2,~'--) ~ 2 NameofArchitect t.~-IM~.14rl'~--c;B.~[P-,l>c. Address~allaq~.~l~14*,~,a~t PhoneNo Zl:~g'-qq6$ Name of Contractor Address Ilqf~ PhoneNo. 15 a. Is this property within 100 feet of a tidal wetland or a fre.'hwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES__ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. No 7,. 16.'?rovide 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: C OU2x/TY OF 5iu~l~ca..~ ) ~lt.~.a lf:l=_ ( L~-¢ ~h, lgitA4¥x'~.c.2Tt.~q-.~ I>4 being duly sworn, deposes and says that (s)he is the applicant (Name of individual sj~ing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; dqat 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. NOTARY PUBLIC. State of New Yod[ No. 01ST6008173. Suffolk County Term Expires June Il. 20.Z2 ;7 'Signature of Applicant 82/13/2884 11:5i 631-734-7702 DEBORAH DOTY ESQ PAGE 82 Jonathan Gilson & Regina Ebel 310 East 46~ Street, Suite 23H New York, NY 10017 FEB I ~ 2004 ONING BOARD OF APPEALS February 13, 2004 Deborah Dory, Esq. 670 West Creek Avenue P.O. Box 1181 Cutchogue, NY 11935 RE: 1185 Mill Road, Mattituck NY (SCTM # 1000-106-9-8.4) Dear Deborah: We, the owners of the above-referenced premises, hereby authorize you to sign all applications to tl~e Town of Southolfl and/or other governmental authorities in connection with building permits, certificates of occupancy and/or vari~ces with respect to said property. / Regifla,Ebel eoTOWn of Southold P.O Box 1179 uthold, NY 11971 * * * RECEIPT * * * Date: 03~02~04 Transaction(s): Application Fees Receipt#: 4778 Subtotal $400.00 Check#: 4778 Total Paid: $400.00 Name: Gilson, Jonathan & Regina Ebel 1185 Mill Road Mattituck, NY 11952 Clerk ID: BONNIED Internal ID: 90313 DOTY iT LAW ~x Awm~ 1181 119~5-0876 4-7702 -6648 APR 0 1 2004 ;[ONING BOARD OF APPEAL.,! March 31, 2004 t Oilson & Regina Ebel Garage at 1000-106-9-8.4) Michael J. Lisowy and Renee L. Lisowy ~ned. Very truly yours, ~ Deborah Dory DEBORAH DOTY ATTORNEy AT LAW 670 W~ST CaErK AV~NU~ PO. Box 1181 CUZCHOGUr, NY 11935-0876 FAX 631-734-7702 631 ~734-6648 APR O 1 2004 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 March 31, 2004 RE: 2/15/04 Notice of Disapproval to Jonathan Gilson & Regina Ebel Regarding Side Yard Location of Existing Garage at 1185 Mill Road, Mattituck, NY (SCTM# 1000-106-9_8.4) Appl. #5498 Dear Members of the Board: Enclosed please find the letter addressed to Michael J. Lisowy and Renee L. Lisowy which was returned by the Postal Service as unclaimed. Encl. DD:bdr Very truly yours, Deborah Dory ~ BOARD OF APPEALS; TOWN OF SOUTHOLD IN THE MATTER OF THE APPLICATION OF JONATHAN GILSON & REGINA EBEL (Appl. # 5498) Regarding Posting of Sign upon Applicant's Land Identified as SCTM # 1000-106.00-09.00-008.004 AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I, DEBORAH DOTY, residing at Cutchogue, New York, being duly sworn, depose and say that: On the 8TM day of March, 2004, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the applicant's 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 near the entrance or driveway entrance of the property, as the area most visible to passerby. I hereby confirm that the Poster has remained in place at least seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be March 18, 2004. DEBORAH DOTY Sworn to before me this / ~ day of March, 2004 JOYCE M. WILKINS Notery Public, State of New Yo{k No. 4952246, Suffolk County Term Expire~ June 12, ~). 0<~ DEBORAH DOTY ATTORNEY AT LAW 670 WEST CILEEK AVENUE P.O. BOX 1181 CUTCHOGUE, NY 1 !.935-0876 F~ 631-734-7702 631-734-6648 BY HAND March 17, 2004 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 2/15/04 Notice of Disapproval to Jonathan Gilson & Regina Ebel Regarding Side Yard Location of Existing Garage at 1185 Mill Road, Mattituck, NY (SCTM# 1000-106-9-8.4) Appl. #5498 Dear Members of the Board: The Affidavit of Mailing and Certified Mail Receipts previously were submitted to the Board. Enclosed please find the Return Receipts which have been received in connection with the mailing of the legal notice. The Return Receipt from Michael J. & Renee L. Lisowy has not been returned. Encls. DD :bdr cc: Jonathan Gilson & Regina Ebel Very truly yours, Deborah Dory ~ Com~l~e Items 1, 2, and 3. Also comp ets itern~ll if ~ed Delivery is desired. · Pri~your name and address on the reverse so ~at we ten return the card to you. · Attach this card to the back of the maiipiece, m'~ the front If space permits. 1. ~ Addressed to: ZvbZ'j.a p. ~necdore 174 Naple Avenue Patchogue, NY 11772 2. Article Number (Transfer from service/abe/) PS Form 3811, August 2001 Signatur~ D. Is delivery address different from item 17 If YES, enter delivery address below: ['=1 No · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece or on the front if space permits. 1. Ar~icleAddressed to: Paatelis & Katina Siriodis 148-16 9tn Street Whitestone, NY 11357 i~.m~4 if Restricted Delivery is desired. · I~rint your name and address on the reverse · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: William A. & EileenVill~ao 1345 West Mill Road Mattituck, Ny 11952 2. Article Number (Transfer from service label) PS Form 3811, August 2001 3. Service Type ~,CerMfied Mail r-I Registered [] Insured Mail 1. Article Addressed to: 7001 1140 0003 RECEIVED [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) 5307 3852 Domestic Return Receipt 102595-01-M-2509 Andrew & Eugene Shulha, as West Mill Road PO Box 932 Mattituck, Ny 11952 2. ArUcle Number · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits· 1. A~ticle Addressed to: RECEIVED 3. Service T s. Re~ved by ( Pr~te~ Name) [] Regf~ [] Return Receipt for Merchandise [] C.O.D. [] Agent ~1 Addressee Name) Date of Delivery Richard T. & Lori L. A. 2 72 Breakwater Road PO Box 850 [] Exp,eseMml [] Retu~ Re~pt for Memhandise ~ Matt±tuck, NY 11952 Dlnsured~ .. ~n _ A Si sture ' · · Complete terns 1 2 · . r'~ Ag item 4 if Restricted Delivery is desired· so that we cen return the card to you. B. Received by (P~fnted · Attach this card to the back of the mailpiece, or on the front if space permits. __ __ '~~diffemntfmmlteml? []yes If YES, ente~ detive~y sddre~ below: [] No ='~.. t' 1. Article Addressed to: E ~il~on & Joan ~. Carr~y 4. R PO BOX 1748 Mattituck, NY 11952 7001 1140 0003 Domestic Return Rec Joseph T. & Pasquina Bartolotto 5 WestMill Road tituck, NY 11952 2. Article Number (Transfer from service label) If~ PS I 3. Service Type [] Certified Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise E] C,O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7001 1140 0003 5307 3289 RECEIVED NAR ! 5 2604 ~. Service Type I~ Certified Malt r't Expr~ Mail r-I Registered [] Return Receipt for Merchandise [~ Insured Mall [] C.O,D. 4. Restricted Delivery? ~.xtm Fee) [] yes PS Form 381 1, A~gust 2001 Domestic Return Receipt 102595-01 -M-2509 9:40 a.m. JOSEPH and FRANCES SETARO #5496. This is a request for a Variance under Sections 100-242A and 100-244B. based on the Building Department's January 22. 2004 Notice of Disapproval. last amended lanuary 27. 2004. conceraing proposed second. story additions and alterations to the existing dwelling with combined total side yards at less than 25 feet at 3680 Stillwater Avenue. Cutchogue; CTM 9:45 a.m. FREDERICK and DOR- OTHY CHARNEWS #5469. This is a request for a .Variance under Section 100-30A.3 tref. bulk schedule based on the Building Department's November 3. 2003 Notice of Disapproval concerning a proposed addition with a setback at less than 50 feet from the rear property line. at 11675 Pequash Avenue. Cutchogue; CTM 103-7-16. 9:50 a.m. STEVEN SZCZENIAK ~5497. This is a request for a Variance under Seclions 100-33 and 100-244. baaed on the Building Department's December 10, 2003 Notice of Disapproval, amended February 12. 2004. concerning the proposed addi~ tions to the existing dwelling with lot to co~mnon o~en~rship with the first lot Property: 17.0 and 250 Tathill Lane, 1-8 o~ 14,787 sq. i~. Location of sad REGINA EBEL #5498. This is a ~ for a va~a0c~ ~-Sections 100-33' and 100-2~2A. based on BAN- Buitdln~g Department's Febma~. 5, 2004 Iqotic~ of DisapprOVaL codeeming ~nt's . mo~ nonconfonnthg i~ its eximaS side 9-8.4. 10:35 a.m. STEVEN D. AXELROD and SANDRA SCHPOONT #5500. This is a request for a Variance under Section 100-242A. 100-244B. concern mg proposed interior alterations m an exlsnng dwelling which is less than 10 feet from side lot line. a~ 575 Ruch Lane. Southold: CTM 52:-3-5 10:40 a.m GEORGE AND DON- NA DIAKOUMAKOS #5501. This is a request for a Lot Waiver under Section [00 26 to unmerge Lot 40. Map of Orient by die Sea. Section One. shown a~ CTM 15-7-11 of 12.500+- sq. ft.. from an adjacent land area of 13.765+- sq. ft. shown as CTM 15-%10 Jmproved with a dwelling. Location: 455 and 555 Three Waters Lane. Orient. 10:50 a.m. GEORGE PENNY IV #5493. This is a requesLfor a Variance under Section 100-31C. based on the Building Department's January 23. 2004 amended Notice of Disapproval concerning a proposed horse barn ~nd corral on a lot which contai~ less than ten ( 101 acres of land. the minitntm~ size required for keeping, breeding, rai~mg, and ~raining of horses. Location of Property: 1150 Kenny's Road. Southold. CTM 59-3-17.3 (containing 6.967 acres~. 11:00 a.m. DONAND sad IRENE SUTER #5489. This is a request for Valances under Sections 100-33C 100- 242A. and 100-244B based on the Building Department's Jhiy 23, 2003 Notice of Disapproval. last mended February 3. 2004. concerning: (a) pm- posed additions and alterations to the existing dwelling at less than 35 feet from the front property line and less than 10 feet from the side lot line. and lb' rel~ation of the existing accessory garage and proposed additioa, a~ less than 35 feet from the front [~ropenyline. Location oi*Prope~y: 1150 Dean Drive. Cutchogae; CTM 116-5-14., 11:10 a.m. ARTHUR ~nd VENTURA #5495. This is a ~lu~st a Variance under Section 100~ 2239.4A(1), ba~ed on thc ~ai~ding- ~ Deparanent~s Dec~mber 23~ I, totice of ~approvld co~ locaion of a p~posed dwelling al ~ 100 fe~l frma tbe top Of ?~: bluff} (No #) Sound View Road. Osiem; CTM 15-3-46(Orient By g~ Sea), LA WIGGI~. This is ~.r~l~al f~ on tl~ eQ~ldlng ~'s /2. 2004 ['lOfic~ of igg ,~ I~ he~l. at eae}{, ~, a}~.~ d~g ~6 ~bmit be~fo~ the conclualon of each heating. designated abo~c. Ffle~ a~ ava~k~ taz to call (631) 765-1809. l:)a~l: l%hm~. ~3,_ZO0<.. . aunt ik.eO'~: '. #2959 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 4th day of March ,2004. Principal Clerk Sworn to before me this 2004 CHRISTINA ¥OLIN,$KI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified In SUffOlk County Comml$11on Expl[e~ l~el~u~ry 28, 2008 OFFICIAL USE ONLY GILSON J & EBEL R (DOTY) 5498 GG ACCY GARAGE / SIDE YARD a Checklist for new projects: 1185 MILL RD MATT 106-9-8.4 AC ~CALL APPLICANT/REPRESENTATIVE FOR AVAILIBILITY CTY TAX MAP 8 CPES - NEIGHBORS CIRCLED AND #'S WRITTEN SOIL & WATER LTR: PARCELS ON LI SOUND - Mail ASAP PB COORDINATION MEMO: ANY COMMERCIAL/SUBDIVISION PROJECTS include: ZBA app, NOD, & BD app (S drive ZBA, memos) - interoffice ASAP SIGN - 2 IF MORE THAN 1 FRONT YARD ~,;~.o~MAILINGS: INCLUDE COVER LTR, SIGN, AFFS SIGN PSTG & MLG, CHAP 58 LEGAL NOTICE - COPY OF ALL BUT AFFS & 58 IN FLDR RT ~//LABEL: (4) INCLUDE NAME, AGENT, TM#, ZBA#, ZONE, MBR'S INITIALS, PROJECT, VARIANCE, ADDRESS - top/front fldr, checklist sheet, 1st pg. appl ASSESSORS CARD PULL NOD FROM BD - 7 CPES - 1 ON FLDR RT SIDE INDEX CARD - MAKE NEW OR ATTACH / ADD ON TO OLD IF PRIOR RESEARCH PRIORS - INDEX CARDS, LASERFICHE, - 6 CPES OF DEC (1 RT SIDE FLDR) - CPE INDEX CARD, STAPLE TO INSIDE RT SIDE IN FLDR INSPECTION PACKET: NOD, ZBA APPL, SURVEY, BD APPL, ASSESS CARD, CTM, ALL OTHER CORRESPONDENCE COUNTY PLANNING LTR: for parcels located within 500' of RT 25, CR 48 or bay, sound, or estuary. Enclose ZBA app, decision, survey/map & NOD UPDATED: NEW INFORMATION: BOARD OF APPEALS:TOWN OF SOUTHOLD IN THE MATTER OF THE APPLICATION OF JONATHAN GILSON AND REGINA EBEL AF£1DAVIT OF MAILING APPLICATION #5498 SCTM 1000-106.00-09.00-008.004 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: RECEIVED MAR 0 8 2004 ZON N~ 90ARD Og APPEALS I, DEBORAH DOTY, residing at Cutchogue, New York, 11935, being duly swom, depose and say: On the 4th of March, 2004, I personally mailed at the United State Post Office in Cutchogue, New York, by CERTIFIED MAIL RETURN RECEIPT REQUESTED~ a tree copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment mil verified from the official records on file with the (X) Assessors, of 0 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 (see Exhibit A). Deborah Doty Sworn to before me this 4th day of March, 2004 N~tary Public DAVID W. OLSEN Notary Public, State of New York No. 02OL6020974 Qualified in Suffotk County Commission Expires M~rch 8, 20 1000-106-9-7.4 1000-106-9-7.5 1000-106-9-7.10 1000-106-9-8.3 1000-106-9-10.1 1000-106-10-3 1000-106-10-4 1000-113-3-7.4 1000-113-3-7.5 EXHIBIT A Maria P. Theodore 174 Maple Avenue Patchogue, NY 11772 Michael J. Lisowy & Renee L. Lisowy 1020 Breakwater Road Mattimck, NY 11952 Pantelis & Katina Siriodis 148-16 9® Street Whitestone, NY 11357 William A. & Eileen Villano 1345 West Mill Road Mattimck, NY 11952 Joseph T. & Pasquina Bartolotto 1065 West Mill Road Mattituck, NY 11952 Gabriel L. Darin 1350 West Mill Road PO Box 653 Mattimck, NY 11952 Andrew & Eugene Shulha, as Trustees West Mill Road PO Box 932 Mattimck, NY 11952 Richard T. & Lori L. Briggmann 272 Breakwater Road PO Box 850 Mattimck, NY 11952 Milton & Joan B. Carney PO Box 1748 Mattituck, NY 11952 Maria P. Theodore Street, Apt. No.; orPOBoxNo. 174 Maple Avenue c,y, s,a,o,z~p* ~ Patchogue, NY 11772 se.t'[o Michael J & Renee L. Lisowy or.OSoxNo. 1020 Breakwater Road csy, state, z~P* 4 Mattituck, NY 11952 William A. & Eileen Villano Street, Apt. NO.; orPO.oxNo. 1345 West Mill Road c~ty, state, z/,* 4 Mattituck, NY 11952 I11 Certified U3 Return Receipt Fee ~ {Endomement Required) ~ Restricted Deliver? Fee T. & Pasquina Bartolotto 1065 West Mill Road Mattituck, NY 11952 · PO Box NO. City, State, ZiP+ 4 Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ~RISentT° Gabriel L. Darin §~;~'~:'~;~--;' ............................................ r-l[orPOBoxNo. 1350 West Mill Rd; PO Box 653 .I ....................... '1 Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent TO Andrew & Eugene as Street, Apt. NO.; o, PO~oxN,. West Mill Road, PO Box 932 City, State, ZIP+ 4 Mattituck, NY 11952 Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Richard T. & Lori L. Street, Apt. No.; orPOeoxNo. 272 Breakwater Rd, POB y, State, ZIP+ 4 85O Ce~liRed Fee Re um Receipt Fee PO ............ ~ aii,/,'~i~i~:-2)~;-~- ............... LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 18, 2004 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 18, 2004, at the time noted below (or as soon thereafter as possible): 10:30 a.m. JONATHAN GILSON and REGINA EBEL#5498. This is a request for a Variance under Sections 100-33 and 100-242A, based on the Building Department's February 5, 2004 Notice of Disapproval, concerning an accessory garage, which will become more nonconforming in its existing side yard location, after construction of proposed additions to the dwelling. The code requires accessory buildings to be in a rear yard. Location of Property: 1185 Mill Road, Mattituck; CTM 106-9-8.4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809.~ Dated: February 23, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski OFFICE OF ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax(631)765-9064 February 25, 2004 Re: Chapter 58 - Public Notice for Thursday, March 18, 2004 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) By March 5th: Please send the enclosed Legal Notice, with both a cover letter including a contact person and telephone number, and a copy of your survey filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_JI owners of property (vacant or improved) which abuts and any property which is across from any public or private street from the property included in the application or petition. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at $outhold Town Hall (765-1937) and 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. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, name and address's noted, and return it with the white receipts postmarked by the Post Office. 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 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. 2) By March 9th: Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for at least seven (7) 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.) NOTE: The hearing will be delayed 2 months if your property is not posted properly. Please also deliver your Affidavit of Posting to our office on or before the day of the hearing. If you are not able to 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 NOTICE OF HEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold, concerning this property: NAME: GILSON & EBEL 5498 MAP #: 106-9-8.4 APPEAL: SIDE YARD LOCATION PROJECT: GARAGE & HOUSE ADDITIONS DATE: THURS. MAR. 18 2004 10:30 AM If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus~ness days between the hours of 8am and 3pm. ZONING BOARD- TOWN OF SOUTHOLD- 765-1809