The URL can be used to link to this page

Home My WebLink About5600GOTBETTER/RAMIS (ULLENDAHL)5600 VO 2N~ STY FYSB & ACCY GAR SY 68-2-13,1 425 DIAMOND LN & PRV ROW PEC R40 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.northfork.net BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED TOWN OF SOUTHOLD -- FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 4, 2004 ZBA Ref. 5600 - MARION GOTBETTER and CARMEN RAMIS Property Location: 425 Diamond Lane and Private Road, Peconic; CTM 68-2-13.1. 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' 22,533 sq. ft. parcel has 199.39 feet along a private road known as Diamond Lane, 122.92 feet along the southerly lot line bordering a 15' wide private road, 195.77 feet along the westerly lot line and 92.10 feet along the northerly lot line. The property is improved with a 1-¼ story frame dwelling with garage and porch, as shown on the March 22, 1995 survey, amended March 23, 1995, prepared by Roderick VanTuyl, P.C. BASIS OF APPLICATION: Building Department's August 12, 2004 Notice of Disapproval, amended September 3, 2004, citing Sections 100-242A and 100-244, in its denial of a building permit to construct second-story and garage additions to the existing single-family dwelling, with an increase in the degree of nonconformity with a front yard setback at less than 40 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 21, 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 REQUESTEr): Applicants wish to construct second story and mud room/garage additions as shown on the 8/31/2004 site plan prepared by Frank Uellendahl, Architect. The second-story addition is proposed at 21 feet, and the garage/mud room additions at 20 feet, measured at the closest points to the southerly front yard near Diamond Lane. 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 yard line adjacent to the proposed additions is a dead end/private road, used by the applicants for access to their driveway and by Suffolk Pa~)e 2 - November 4, 2004 ZB Ref. 5600 - M. Gotbetter am~s CTM Id: 66-2-13.1 County to access the wetland preserve. The applicants are adding a half-story for the second floor for a master bedroom suite on the second floor, maintaining the same 21 ft. setback from this private road yard line, without further reduction. The new single-story addition will enlarge the entry area to allow is for a mud room, and adding a garage, at 20 feet, inclusive of the access stairs to the lot line at its closest point. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicants' property has two front yards, facing a traveled road and adjacent to an unimproved private road which leads to a Suffolk County wetland preserve. The property is surrounded by steep slopes and has limited access. 3. The variance granted herein is substantial, representing a 50% reduction from the code required 40 ft. front yard setback. 4. The difficulty was self-created when the applicants purchased a preexisting home in a nonconforming location, and the new plan did not meet the requirements of the current Town Code. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Goehdnger, and duly carried, to GRANT the variance as applied for, as shown on the 8/31/2004 site and elevation diagrams prepared by F. Uellendahl, Architect. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Tortora. Absent was Member Dinizio. This Resolution was dbMadopted (¢-_0-1).~, ~ - Ruth D. Oliva, Chairwoman 12/1/04 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 21, 2004 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, OCTOBER 21, 2004, at the time noted below: 10:10 AM MARION GOTBETTER and CARMEN RAMIS. Request for Variances under Sections 100-242A and 100-244, based on the Building Inspector's August 12, 2004 Notice of Disapproval, amended August 30, 2004 and September 3, 2004, concerning a second-story and garage addition to the existing single-family dwelling, with an increase in the degree of nonconforming with a front yard setback at less than 40 feet, at 425 Diamond Lane and Private Road, Peconic; CTM 68-2-13.1. 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: September 20, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski TO: Carmen Ramis & Marion Gotbetter 425 Diamond Drive 0~o ~ ~ Peconic, NY 11958 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: August 12, 2004 AMENDED: Septemb~ ENDED: August qo~2004 Please take notice that your application dated August 12, 2004 For to construct a second story and garage addition to an existing single family dwelling at Location of property 425 Diamond Drive, Peconic, NY County Tax Map No. 1000 - Section 68 Block2 Lot 13.1 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 22,533 square foot parcel in the R-40 District, with two front yards, is not permitted pursuant to Article XX1V 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." The existing single-family dwelling has a front yard setback of+/- 20 feet from a 15 foot private road. Following the proposed addition, the single-family dwelling will maintain that setback. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the degree of non-conformance. Therefore, the proposed construction is not permitted pursuant to Article XXIV, Section 100-244, which states that non-conforming lots, measuring between 20,000 square feet and 39,999 square feet in total size, require a minimum front yard setback of 40 feet. This permit was amended on August 30~ 2004~ to address changes made by the applicant and on Septe. mb~'"J~004, to cory. ac&errors. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only ~, ¥0 Fee: $ ~C(~ '~ Filed BY: ~/'~'~'c~°'J~lO°t'~DateAssigned/AsslgnmentN°'~"~Q' GOTBETTER/RAMIS (ULLENDAHL)5600 VO 2Ns STY FYSB & ACCY GAR SY 68-2-13.1 i SEP 2004 425 DIAMOND LN & PRV ROW PEC R40 Parcel Location: House No, ~L2~ Street/~/,~'--')/-~9/~/O SCTM 1000 Section ~'~ Block ~, Lot(s)./J.I Lot Size 22, Zone District I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR Applicant/Owner(s): /~w~./~7~ ~'-ta~--T-E,~../ ~'.~9.~Aa'~:-t(../ Mailing Address: 4~ ~/~~ ~V~ ~¢~/~.. ~ NOTE: If applicant bnotlheo~ner, staleifapplicantisowner~sat/orney~age t, arch ect~builder, contractvengee, Authorized Representative: ~~ ~~ z Please specify who you wish cor~ndence t0 be mailed to, from the above listed names: U Applicant/Owner(s) gAuthorized Representative Q Other: ' ~E~BY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~uiiding Permit. ~ Cer~cate of Occupancy ~ Pre-Certificate of Occupancy ~ Change of Use ~ Permit for As-Bnilt Constrnction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article X,)(/V' Section 100-2~,61 Subsection Type o~fA~peal. An Appeal is made for: /I0 A Variance to the Zoning Code or Zoning Map. 13 A Variance due to lack of access required by New YorkTown Law-Section 280-A. D Interpretation of the Town Code, Article Section ~] Reversal or Other A prior appeal [] has'has not been made with respect to this property UNDER Appeal No, Year / . ' 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 fo 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, J because: ~7~./~ 7~O~D~2~=~H ~. ~ D~ ~c 7- (3) The amount at teller requested ls not substantial because: (4) The variance will NOT have an adverse effect or Impact on the physical or environmental conditions In the neighborhood or dlsklct because: (5) Has the variance been self-created? ( ) Yes, or tX) No. It not, is the construction existing, as built? (,)(~) Yes, or ( ) 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 nelghborhood and the health, safety, and welfare o! the community. ( ) Check this box and complete PART B, QF~js~9~s on next page fo apply US, E VARIANCE STANDARDS. (Please consult your attorney.) Ot/)/e~vi~, olec~e',,~r~:eed fo the SLclnafure am-I notary area bel,ow. ///,/~f~ Slgna~tr~of Appe!lant or Auth.orized Agent Sworn to before me this (Agent must submit A~Jthorlzation from Owner) (Nota Pul Uc) ' LINDA J. COOPER Notary Public, State of New York No. 4822583, Suffolk County Torm Expires December 31, 2~ ~. App 9/30/0~ SEP 1 2004 Frank W. Uellendahl Architect PO Box 316, Greenport, NY 11944, tel 631 ~477-8624, fax 631-477-2997 e-moih fuellend~;optonline.net RE: APPLICATION TO THE SOUTHOLD TOLUN BOARD OF APPEALS Garage Addition and 2~d Floor Addition / Alteration of the Gotbetter / Ramie Residence in Peconic 425 Diamond Lane, Peconic, NY 11958 SCTM 1000 - 68-2-13.1 t Th~ following is th~ mqu~s~d mspon~ provid~:l by owners: / th~ PART A: AREA YARIANCE REASONS (1) Rn undesirable change will not be produced in t'ne CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: Our smoll community of 'Acres of Diamond' is truly unique. As you ddve up our private road, them are 6 homes. All but one (which is a newer construction) were constructed in the 1930s, have similar design and were port of a 'family compound. ~ The homes are essentially modest summer cottages that have become year-round residences over time. We were very much enchanted by the character of the neighborhood when we purchased our home in 1995. Any visitor quickly understands that the very nature of the area deems that anyone who chooses to live there must be committed to its character. We continue to be in awe of our surroundings and have worked tirelessly (and spent a significant amount of money) to preserve open soundfront property in our community. We love the arts and crafts nature of our home and the consistency of style in our community, Any design, in style or size, of the additions we propose, we will retain the feel of our home and the neighborhood. Most of the construction will be interior changes to enable us to utilize our space more in keeping with our intention of relocating to the North Fork full time. Our home sits by itself at the western end of our property. The east side of the house is contiguous with vacant land (which is port of our property); to the west is Goldsmith's Inlet County Park; north, down a steep bluff is a preserved lot adjacent to the Long Island Sound; south is one neighbor (the newest construction) whose home is at the southern end of his property and well away from ours. Any alterations will be barely visible to our neighbors. One of the original homes was constructed with a second floor and the home to our south also has a second floor. Other homes have had minor alterations. What we propose is very much in keeping with the nature of all the homes in the neighborhood in scope, design and size. ~ benefit sought by the applkant CANNOT be achiewd by some method feasible for the applkant to pursue, other than an area variance, because: Our home is small, approximotely 800 square feet, with I bedroom, 1 home office and 1 bathroom. We now spend half the week in Peconic (Thursday through Sunday). Carmen works Monday through Wednesday and Marion works Monday through Wednesday in Manhattan and the rest of the time from home in Peconic. Having family and company, as we often do, can be quite a chore with air mottresses strewn on the floor and taking over Marion's workspoce. Never mind getting a turn in the bethraoml We simply do not have room to make additions to the interior of the house as it is to moke it consistent with our needs. The proposed alteration of our attk spoce - the addition of one bedroom and one bathroom - while not impocting on the overall design and character of the house, will give us the space we need to accommodate guests, private workspace and the ability to transition to Peconic full time. We also propose to add a one-car garage to the east side of the house. Again, because of how our house is situated, there is minimal impact on the sight-lines of our neighbors. Our storage space is extremely limited in the house. We do not have a basement or true garage, Our oil tank, burner and water system take up a significant portion of the 'garage' located under the house. We simply need room to store essentials. The design of the garage will be in keeping with the house. We want to be sure it is understated and does not overshadow the house. It will give us greatly needed space to park our car which is now susceptible to weather conditions. High winds have caused branches to fall on the car and damage it and smash our windshield (more than once). The car is also constantly pelted by hickory nuts falling from high above which dent itl Not to mention the chore of digging out the car in the snow. We are fairly active, loving to take advantage of the area by swimming, biking and horseback riding. A garage will also give us space to store bikes, garden equipment, etc., some of which now end up crammed into the house in most inconvenient places. Sandy shoes and muddy boots will most thankfully be accommodated by a mudroom space. (3) The amount of relief requested is not substantial because: It does not greatly affect the overall size of the house. We want to keep all alterations minimal in size so as stated above not to alter the character of the house or the neighborhood. (4) The variance will NOT hove an adverse effect or impact on the physical or enviranrnental conditions in the neighborhood or distrk:t because: Our commitment and devotion to the area is well documented and attested to by our long term efforts (as mentioned above) to preserve a vacant single and separate Soundfront lot adjacent to our property. With the help of neighbors, attorneys, the Town Trustees and the Peconic Land Trust we were finally able to purchase the property from the owner for conservation. This was done with great tenacity and community effort. We continue to be involved with preservation efforts in Peconic and Southold and have been solicited to help others in their struggle to preserve waterfront and woodland spaces. That said, our sole interests are to retain the character of our home, have minimal impact on the surrounding landscape, remain good neighbors and make our living space more livable so that we may remain in our home for many years to come. We are so fortunate to have pristine, undisturbed landscape abound in our neighborhood - to jeopordise is would be unfathomable. (6) Additianal informotion about the surrounding topagraph¥ and bullding areas that relate to the difficulty in nne~tin9 the code requirements: The requested variance is necessary to achieve any changes in the existing home. As situated, the proposals are the only fit solutions. The extension of our home by a garage and finished second story will only have impact on our own property. The 15-foot private road (Larsen Lane) to the south of our home is solely used 109 us as a driveway. The north side of the house cannot be extended as it abuts a very steep dune (with the Sound in the distance). The west side of the house sits only 25-feet from County Parkland. Diamond Lane, on the east side of the house, runs north-to-south from Soundview Avenue and is the access to all homes in our neighborhood. Marion Gotbetter Carmen Ramis / '-- SOUTHOLDPR PO ERTY RECORD' C,~,'RD''~ ~_,2,~- ,~,~-,z- )~.~ TOWN OF OWNER FORMER OWNER L~ND AGE N S SEAS. VL. IMP. TOTAL /.x-oD /¢~o ? .~ FARM DATE VILLAGE DISTRICT~///r~ ISUB./, ACREAGE [ W TYPE OF BUILDING LOT / ///. / BUILDING CONDITION NEW NORMAL BELOW ABOVE Form Acre Value Per Acre Value Tillob.le Tillable Tillable Woodland Swampland Brushl~;;~ Hous~ Plot Total "xtension ']xtension ':xtension ~reezewa Foundation Basement Ext. Walls Fire Place ~(~ Porch ~Porch Patio Driveway Bath Interior Finish Hec~t Attic Rooms Ist Floor Rooms 2nd Floor TOWN OF SOUTHOLD PROPERTY RECORD CARD ~2~- ~ ................ / '/ OWNER STREET VILLAGE DIST.' SUB. LOT ,,~ S ~. W ' TYPE OF BUILDING RES. ~EA$. VL FARM CON~M. CB, MICS, Mkt, Value "' LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION ,,~ NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meodowl~nd DEPTH House Plot BULKHEAD Total DOCK , COLOR TRIM Bldg. i Exteneion Extension =~--tension : )orch 3 reezeway ~3rage )atio Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Bath Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor ). B. Dormer Driveway total Dinette. K. LR. DR. BR. FIN. B COUNTY OF SUFFOLK (~) Real Property Tax Service Agency II TO~ OF R~DGE II ~_ ~l MECHANICAL ROOM E ~ IN PARTIAL BASEMENT 12'-0' 16'-0' PROPOSED MUD ROOM ENTRY PROPOSED GARAGE/ STORAGE ~' '%~/FRONT FL[VATION i ~ PROPOSEE iii ADDITION i~I TO THE ~ESIDENCE PECONIC, NY ~CHllECT FRANK ~ KO,BOX OWNER PROPOSED FRONT ELD/Al]ON 40' PROPOSED SITEPLAN EXISTING Sll-EPLAN ZONING CALCULATIONS LOT ~ = c~. 22,DJ SF EXISI'D BLDG. COVDRA(;[ ~ICL DECK = ce. 1,5~4 SF ,NiO6D BLDG. C~E = ca. 675 SF TOTAL BLDG, COVEIU, GE = ce. 2,209 SF ALI_OV/ABLE Bd)~, COVERN:[ R-40: 20~ OF L~ ~EA = ca. 4,507 SF ~PROPOSED JjJ ADDITION L~ TO THE SCALE: 1/32' =ILO" SITEPLAN SCTIW~ = 1000-68-2-13.1 TOWN OF SOUI'HOLD SUFFOU( COUNIY, NEW YORK RESIDENCE ECONIC, NY ARCHITECT F~ U(~LEND~ OWNER ~1~ ~ ~ PROPOSEE = ~ ADDITIOI~ ~ I TO THE ~.~oP o~,R~[ , ~ RESIDENCE ~ PECONIC, NY ~ ~K ~L ~ P.O.~X 316 ~ 6R~, NY 119. ~ 63~-477 ~24 ~ F~: 631-477 2997 ~, OWNER MECHANICAL ROOM C } C } PROPOSED MUD ROOM PROPOSED GARAGE/ ' ~ PROPOSED tN PARTIAL BASEMENT ENTRY STORAGE : FRONT EL~ATION ~ A- 5 ZONING CALCULATIONS ~ ADDITION ~ i TO THE LOT AREA = co, 22,53,t SF EXIST'G BLDG. COVERAGE ~ .i INCL. DECK = ca. 1,534 SF ~ ADDEDBLDG. COVERAGE =co. 675SF TOTA BLDG. COV[RAGE = co. 2,209 SF ,~ /~-LO~/ABLE BLDG. COVERAGE ~ ~ R-iO: 20% OF LOT AREA = co. ¢,507 SF R l$ , ~.,,-~,.~.....~ -: ~ RESIDENCE , ' ~~ PECONIC, NY ' SEP ! 2004.: ! ~ ARCHITECT . ~ ~ FPANK U~LEN~L ' ~ P.O.BOX 316 ~_ GREENPORT, NY 11944 - TEL: 631-477 8624 ~: FAX: 631-477 2997 ~ OWNER C~RNEN RANIS PROPOSED ~5 o,..,o ~! PECO~tC, NY 11958 SITEPLAN ~i .~:.,-,,5 SC^L[: 1/32" =1'-0' ~-~ SITEPLAN ~. _.5~LL.E: 1/32" = SiTE PLAN EXISTING TOWN OF SOUTHOLD ~ DWO. ~e ~l~ ~ I ~ 'I PROPOSED /~ ~ W ADDITION ~ ~ TO THE ~ ~ ~~MIS ~~-~ ~ RESIDENCE EXISTING FRONT ELEVATION~ ARCHITECT ~ ~ UEEEND~L ~ OWNER ~ 425 ~OND ~E ~ PECON~, NY 119~ ~: 631-765 2855 PROPOSED FRONT ELEVATION ZBA· V~IANCE ~PLICATION AUGUST ~, 2004 TITLE SHE~ FRANK W. UELLENDAHL, ARCHITECT PO BOX ~6 CREENPORT, NEW YORK 11944 N~E O~ ~c. NO BEDROOM 2 BEDROOM KITCHEN DINING RM I1 PORCH II LIVING RM II ~ ~ ~ PROPOSED ~ ~ ADDITION ~o i TO THE RAMIS ~ RESIDENCE PECONIC, NY BEDROOM 2 BEDROOM ] / ~ I[ II 11 Il II ~ GREENPOR[, NY 11944 ~ EL: 631-477 ~24 K TCHEN --] ~ H II ]1 II H ~ ~ OWNER PEC~, NY H958 EL: 631-7~5 2855 SEP 1 ~OO4 ; ~ - 8~ A-2 i I ~ l PROPOSE[ ~ II! ADDITION ~ i TO THE N i [ ] ' RESIDENCE ~ PECONIC, NY BEDROOM HOME OFFICE ~ ~ ~K U~E~L ~ CREEN~T. NY 11944 ~ ~ 1 ~ ~ OWNER T ~ KITCHEN I ~ II II H Im H H ~ ~ON ~T~R ~ ~EN ~S oc H H R~ DINING RB ]~TH ~ ~a~: oa/3~/2~ , ~ ~: ,/~": ,'-o' DW~. NA~E 25'-4' ~ . ~'~ PROPOSED ~ I~ ADDITION ,~ .i TO THE RESIDENCE ~ PECONIC, NY j ~ !~ ~~ ~ ARCHITECT SUITE up,-o x ~ / ~ ~ OREmP~, ~ 11~ ~ FAX: 6~1-477 2997 ~ OWNER ~ ~MEN ~IS 2ND FLOOR ~ A-4 Applica[~t(s): PROJECT DESCRIPTION (Please include with Z.B.A. Application) Il. If building is existing and alterations/additions/renovations are oroposcd: A. please give the dimensions and overall square footage of extensions beyond existi~ ,~ Dimensions/size:~_~.O,e.~d_~/~/x- .2~,~ PT&'/5~ ~ .'/~"~"~"~.1~ ~..~ ~ ~'..5 ~quare footage: "'/~' $~' ...~d5:~ ,.~" B. ~lease give the dimensions and square footage of new proposed foundation areas which do not qxtend beyond the existinq building: ]~imensions/size: r(.~.-O ~quare footage'. ,,~'F/~) If' la Pie* Dirt Squ Hei III. IV. Add in n' V. Ple~ 7/02 ~d is vacant: ension/size:Se give dimensions and overall squareJ~.fiT~:~of new construction: ~re footage:__ - ose and use of new construction requested in this application: eg~,o',O~E~__:~ (,Ol~/q' T'd),~9/2g> [tional infomation about the su~ounding contours or nearby buildings that relate to the difficulty eeting the code requirement(s): te sub~t seven (7) photo,sets aRer stahng comers of the proposed new construction. ~. Please r, 9te: Further changes, after submitting the above information, must be placed in writing and may require new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please c'.ontact our office, or please check with Building Department (765-1802) or Appeals Department (7 65-18~9) if you are not sure. Thank you. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subj,est premises listed on the real estate market for sale? [3 Yes ~,No B. Are there ~an~y proposals to change or alter land contours? [3 Yes /I~o ' C. 1) Are there any areas that contain wetland grasses? 2) Are the wetland areas shown on the map submitted with this application? 3) Is the. property bulk headed between the wetlands area and the upland building area? 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? dr/~//::) (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? /,1/tg~L> L~,~__.~<' (If none exist, please state "none".) Do you have any construction taking place at this time concerning your premises? /,d'EP, KY~- 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? where or submit copies of deeds. If yes, please explain Please list present use or operations conducted at this parcel ~--~:~~~ ~ ~(/l~-~g/Z2>-~ and proposeduse ~E~:>//'~ZTtffT. ~ri l~- P~-,~/-~9,~'Td-/'", . A 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 informotion, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: ~-o?'$~:;r'/'~t. ,,/(]t,~9~',od, ~.. ~'/,b /~A~'/i.~ ) ~'a I' ~ ~ (Last name, first name, middle initial, ualess 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 w/' Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: Do you pemonally, (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 YES NO v// 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: 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 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 Submitted this ,~20 day of Print N~e:~t~ ~~ PROPERTY ELEVATION FACING THE SOUND / P,,AMIS PROPERTY AL EAST ELEVATION ,,, ENTRY Zoning Board of Appeals Town of $outhold Augult 19, 2004 We give Frank Uell~ndahl .pplicstlon~ for v. rlsnce regarding our property on 42~ Diamond LAne In Peconic. $ignld: ~ Carmen M. R~,mlt ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldt own.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: September 3, 2004 Zoning Appeal No. 5600 Transmitted herewith is Zoning Appeal No. 5600 of Marion Gotbetter and Carmen Ramis by Frank Uellendahl for a variance. Also included is: Notice of Disapproval dated August 12, 2004, amended August 30, 2004, with copy of building permit application, property cards, and survey attached; Project Description; ZBA Questionnaire; Applicant Transactional Disclosure Form; letter of authorization; photographs; and location plans. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/03/04 Transaction(s): Application Fees Receipt#: 444 Subtotal $600.00 Check#: 444 Total Paid: $600.00 Name: Gotbetter, Marion & Carmen Ramis 425 Diamond Dr Peconic, NY 11958 Clerk ID: LINDAC Internal ID: 100221 TO: FORM NO. 3 NOTICE OF DISAPPROVAL Carmen Ramis & Marion Gotbetter 425 Diamond Drive Peconic, NY 11958 AUG 2 0 2004 DATE: August 12, 2004 AMENDED: August 30, 2004 Please take notice that your application dated August 12, 2004 For to construct a second story and garage addition to an existing single family dwelling at Location of property 425 Diamond Drive, Peconic, NY County Tax Map No. 1000 - Section 68 Block2 Lot 13.1 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 22,533 square foot parcel in the R-40 District, with two f~ont yard, 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." The existing single-family dwelling has a front yard setback of+/- 21 feet from a 15 foot private road. Following the proposed addition, the single-family dwelling will maintain that setback. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the degree of non-conformance. Therefore, the proposed construction is not permitted pursuant to Article XXIV, Section 100-244, which states that non-conforming lots, measuring between 20,000 square feet and 39,999 square feet in total size, require a minimum front yard setback of 40 feet. In addition, the construction is not permitted pursuant to Article III, 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." Although Article XXIII, Section 100-230F(1), states, "An accessory building may be otherwise located when attached by a breezeway, provided that it is used only for accessory storage or garage purposes and meets all setback provisions required for the main, principal building." The proposed construction does not meet the town's definition of a breezeway. Therefore, the proposed construction constitutes an accessory garage located in the front yard. This permit was amended on August 30~ 2004~ to address changes made by the applicant. / ~z/e d(~gn a~..~.~ CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. GOT EXISTING DIAUOND LANE DIAUOND LANE PROPOSEI) PROPOSEDGARAGE ',, 3, SLOPE PROPOSED SITEPLAN EXISTING SITEPLAN ZONING CALCULATIONS LOT AREA = co. 22,533 SF EXIST'G BLDG. COVERAGE INCL. DECK = co, 1,534 SF ADDED BLDG. COVERAGE = ca. 675 SF TOTAL BLDG. COVERAGE = ca. 2,209 SF ALLOWABLE BLDG. COVERAGE R-40: 20% OF LOT AREA = co. ¢,507 SF SCALE: 1/32" =1'-0" SITEPLAN SCTM# = 1000-68-2-13.1 TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK m~mPROPOSED ADDITION mm~m TO THE I RESIDENCE PECONIC, NY ARCHITECT FRANK UELI FNDAHL P.O.BOX 316 GREENPORTi NY 11944 TE~ 631-477 8624 FAX: §31-¢77 2997 OWNER M~R~ON ~TBEllER C,~RMt-N 425 OiAI, IONO L.~NE PECONIC, NY 11958 TEL: 6Jl-765 2855 DATE: 08/31/2004 SCALE: 1/32" = 1'-0" SITE PLAN DV/G. NAME A- O~. NO FORM NO. 3 NOTICE OF DISAPPROVAL TO: Carmen Ramis & Marion Gotbetter 425 Diamond Drive Peconic, NY 11958 Please take notice that your application dated August 12, 2004 For to construct a second story addition to an existing single family dwelling at DATE: August 12, 2004 AUG 1 6 2004 Location of property 425 Diamond Drive, Peconic, NY County Tax Map No. 1000 - Section 68 Block2 Lot 13.1 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 22,533 square foot parcel in the R-40 District, with two front yard, is not permitted pursuant to Article XX1V 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." The existing single-family dwelling has a front yard setback of+/- 21 feet from a 15 foot private road. Following the proposed addition, the single-family dwelling will maintain that setback. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the degree of non-conformance. Therefore, the proposed construction is not permitted pursuant to Article XXVI Section 100-244, which states that non-conforming lots, measuring between 20,000 square feet and 39,999 square feet in total size, require a minimum front yard setback of 40 feet. 4 CC: file, Z.B.A. Authorized Sign~. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. TOWN OF SOUTHOLD BUILDING DEPARTMF~T TOWN HALL J SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ,20__ Approved j [ 20__ Disapproved a/c Expkafion ,20 BUILDING PERMIT APPLICATION CHECKLIST Do y~ve or need the following, before applying? -- Board of Health 4 sets of Building Plans Plannlno. Board approval Survey. Cheek Septic Form N.Y.S.D.E.C. Trustees Contact: Marl to: ~ b4~--LL4~A.2Z~M~r APPLICATION FOR BUILDING PERMIT Date PERMIT NO. INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and subrni ..t~.. to the Building Inspector with 3 sets of plato, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premists 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 Insp~tor will issue a Buildingpermit 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 pan 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 ~c~t"~ommanced within 12 months aRer 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 ~emfit 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. (Signature of applicant or name, if a corporation) ~ai)j~g ad&e~ of applie~0 State whe~ applic~t is owns, lessee, agent, ~chitect, en~r, gengfl con,actor, elec~ci~, pl~bg or b~ld~ Name of owner of premises (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. ~,/g::~ /~-~' cfi-/ ,_,~dY-X2~ Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street CountyTax Map No. 1000 Section Subdivision (Name) Hamlet mock Filed Map No. 2. State existing use and occupancy of premises and int~ded use and occupancy of pro~"osed ~construction: a. Existing use and occupancy bo Nature of work (check which applicable): New BuildinK Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Intended use and occupancy Addition ~ Alteration Other Work Fee ~. -- (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height. a/ ~ / Number of Stodes / Dimensions of same structure with alterations or additions: Front Depth .,~t,/~ i Height .~, ~,~ z Depth_ .~ /t Rear Number of Stories 2 8. Dimensions of entire new construction: Front ..~/~ Rear /~, t Depth Height ,v 2.~ ~ Number of Stories ~, 9. Size of lot: Front /,~?., ~2. ~ Rear ~, t~7 t Depth /~'~:~. 77 t 10. DateofPurchase /~: Name ofFormer Owner t~,~,,.y~,,~/~_c-- ,,t.~-~-/~. 11. Zone or use district in which premises are situated ,~ -40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES JNO 13. Will lot be re-graded? YES __ NO v'/Will excess fill be removed from premises? YES NO 14. Names of Owner of premises~.~q-~'~rF~-~-~P/~dress 4g~'~/~t~a~ ~ Phone No. ~'~ Name of Architect ~,~>~.t~' O~rtg. ffA.,Z:~/-4~ AddressW~..~/~.~A,/:r/- Phone No Name of Contractor ~/~:~ ~S{~r ~,_wdrz2~ Address'~0/~,~ttt/~a~oz~hone No. ~;~/. qz 7[~,/~ 74- 15 a. Is this propeity 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'l 0 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: country ov ~'",~,~ d.~ ~" ~.-/~-Z. ~,,~J Z2>.,~ it-/~..~ ; I: ~.ing duly sworn, deposes and says that (s)he is the applicant (Name of individual signing ~ame~l, "~,, (S)He is the ,~:P/[T'~'-~' (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. Swom to before me th~ ~ / day of ~k~OO ~,~IXlotary Public BONm£ I. Nm~ Pub~ No. 0~6~, S~ T~ 20 6q 'Signature of Applicant · ~.: ! APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD December 2, 2004 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 By Regular Mail and Fax Transmission 477-2997 Mr. Frank Uellendahl, Architect P.O. Box 316 Greenpor[, NY 11944 Re: ZBA Ref. 5600 - Setback Variance (Gotbetter & Ramis) Dear Mr. Uellendahl: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its November 4, 2004 Meeting. 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 when submitting any other documents during the final reviews. Thank you. Very truly yours, Enclosure Copy of Decision 12/1/04 to: Building Department Linda Kowalski FORM NO. 3 NOTICE OF DISAPPROVAL TO: Carmen Ramis & Marion Gotbetter 425 Diamond Drive E-'~o ~ ~ Peconic, NY 11958 DATE: August 12, 2004 _Aug~,~t ~ 20Q.&9_0 Septem~ Please take notice that your application dated August 12, 2G04 For to construct a second story and garage addition to an existing single family dwelling at Location of property 425 Diamond Drive, Peconic, NY County Tax Map No. 1000 - Section 6~8 Block2 Lot 13.1 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 22,533 square foot parcel in the R-40 District, with two front yards, 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." The existing single-family dwelling has a front yard setback of+/- 20 feet from a 15 foot private road. Following the proposed addition, the single-family dwelling will maintain that setback. Pursuant to the ZBA's interpretation in Walz (#5309), such additions and alterations will thus constitute an increase in the degree of non-conformance. Therefore, the proposed construction is not permitted pursuant to Article XX1V, Section 100-244, which states that non-conforming lots, measuring between 20,000 square feet and 39,999 square feet in total size, require a minimum front yard setback of 40 feet. This permit was amended on August 30~ 2004, to address changes made by the applicant and on Sentmnb~-3~. 004. to correct_errors. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require Kowalski, Linda Page 1 of 1 From: Standish, Lauren Sent: Tuesday, October 12, 2004 8:16 AM To: Kowalski, Linda Subject: FW: #2 Re: Gotbetter-Ramis Variance Request for 10/21/04 OCT 1 2 2004 ..... Original Message ..... From: Annwynl@aol.com [mailto:Annwynl@aol.com] Sent: Friday, October 08, 2004 5:17 PM To: Standish, Lauren; Mgotbtr@aol.com; fuellend@optionline.net Subject: #2 Re: Gotbetter-Ramis Variance Request for 10/21/04 Dear Lauren: You have probably already done so, but would you be kind enough to see that the email below goes to The Board of Appeals, Ruth D. Oliva, Chairwoman. I automatically wrote to The Board of Trustees - force of habit. Be well and thank you, Deborah Gordon-Brown Subj: Request for Variences: Gotbetter-Ramis Residence, Peconic Date: 10/07/2004 11:13:14 PM Eastern Daylight Time From: Annwynl To: ]auren.standish~,town.southord.ny.us CC: Mgotbtr, fuelleodC__~gptonljr~net Please enter into the records of the meeting of The Southold Town Board of Trustees on October 21, 2004: To the Board and Others Concerned: Having seen the plans for the variances being requested by Harion Gotbetter and Carmen Ramis which include adding a second story and a garage to their residence at 425 Diamond Lane in Peconic, ! wish to be on record as thoroughly approving their plans and the designs. ! am their neighbor at 400 Diamond Lane. The windows on the western side of my house look out on their property. ! was not only shown the proposed designs but asked for input and comment. The plans are lovely and I look forward to seeing the completed home. As designed it can only add to the quiet beauty of our little community. Additionally, ! cannot imagine two people more devoted to the preservation of the wild land of Southold Town or to the maintenance of the bluffs we all share on Diamond Lane than Marion Gotbetter and Carmen Ramis. Whatever plans they might bring before you to add to their own property will always be in keeping with a deep respect for the land and those who have the privilege of sharing it. Thank you, Deborah Gordon-Brown 400 Diamond Lane Peconic, NY 631 765-2604/ 212 580-1684 10/12/04 ZONING BOARD OF APPEALS Office Location: Annex Building on Youngs Avenue Mailing Address: $$095 Main Road, Box 1179 Southold, NY 11971-0959 Emails: Linda. Kowalski(~Town.Southold.n¥.us or Jessiea. BoRer(~Town. Southold.n.y.u s Web site http://southoldtown.northfork.net (631) 765-1809ce~t~//ad fax (631) 765-9064 TRANSMITTAL DATE: /e. / /~-.,L ~2004 REF: Hearing Date: lC i~D/i~, ( x ) Info attached for your information and review. Thank you. Pages attached: / ~.C~C ./~ LEGAL NOTICE S~!,~T~0A~P T0WI~ BOARD OF APPEALS Pt~&~c ~d ~apt~ 1~ (Zoning), Code of ~e Town of Sou~old, publ? bergs on held by ~e~ $OU~LD TO~ BO~D OF ~PE~ at ~e Town THURS~,~ OC~O~ 21, 20~ at after as ~ssible): concerning ~propos.~d additions less than 50 f~.~mn the ~ la line. at ~38. ~ Z~ ~591. R~st f~ ~m ~e ~nt lot ~e at ~ ~ Avenue, Maffim~ 13P~ ~es~ ~t~ Ayenue, Southold; C~ 7~i¢2~.1. se~ack at les~ ~ ~eet ~ ~ y~ side y~S, LEGALS... ,,,.-From page 45A 10:10 a.m. MARION GOTBET- TER and CARMEN RAMIS. Request Inr Variances under Sections i00 242A and 100 244, based on the Building Inspector's August 12, 2004 Notice of Disapproval, amended August 30, 2(104 and September 3, 2004, concerning a second-sto~y and garage addition to the ~xisting ~ingle-family dwelling, with an increase in the deg~e of nonconforming with a front yard setback at less than 40 feet, at 425 Diamond Lane and Private Road, Peconic; CTM 68-2-I3.1. I0:15 a.m. JAMES AND MAURA O'MALLEY #5596. Request under Section 100-26 for a Lot Waiver to urm~erge a land area of 16,198 sq. ft., which, based on the Building Inspector's August 12, 2004 Notice of Disapproval, amendedAugust 23, 2004, states that the properl¢~ is merged with an adjacent lot which has been in com- mon ownership at any time after July 1, 1983. The Applicant proposes to uranerge 16,198 sq. fi., identified as 2545 Mill Road at the comer of Miami Avenue (a private road), CTM 67-6- 13-1. a/k/a CTM 12 & 13, from the adja_ cent .46+- of an acre, identified as 2665 and 2625 Mill Road, CTM Nos. 67-6- I 1 and 10 (Edward and Eileen Maguire, Landowners), in Pecoinc. Zone District: R-40 Residential. 10:20 a.m. PETER AND MARY JACOBS #5604. Request for a Variance under Section 100-244, based on the Buildkag Inspector's August 30, 21X)4 Notice of Disapproval, concerning a new dwelling which wiU exceed the 20% code limitation for lot coverage, at 940 Gillette Drive, East Marion; CTM 38-2-10. 10:25 a.m. FREDERICK YAR- OSH and SHEILA FURLONG #5614. Request for Variances under Sections 100~33 and 100-244, based on the Building Inspector's August 20, 2004 Notice of Disapproval, concerning removal of the existing dwelling and ~onstmcti~*n of a new dwallthg with an ~ncrease ~n the degree of nonconfor mance, with setbacks at less than 35 feet from the flxmt lot line, at less than 35 feet from the rear lot line, and with total lot coverage th excess of the code limi- tation of 20% of the lot area (10,066 sq. fi.) Also proposed is an accessory shed In an area other than the required rear yard, at 1945 East Gillette Drive, East Marion; CTM 384-27. 10:35 a.m. CHRISTOPHER Inspector's August 6, 2004 Notice of Disapproval conceming additions with alterations t~ the existing dwelling, with an increase in the degree of nonconfor- mance at less than 15 feet on a single side yard and less than 35 feet total side yards, at 645 FishermmFs Beach Road, Cutchogue; CTM 111 1-33. 10:45 a.m. WILLIAM and DON- NA GOGGINS #5601. Request for Variances under Sections 100 30A.3, Bulk Schedule, and Section 100-242A. based on the Building Inspector's August ~0, 2004 Notice of Disapproval concerning "as built" additions with alterations to applicant's dwelling with an increase in the degree of non-confo~ mance, at less than 50 feet from the front lot line and above the code's 2 1/2 story height limilatinn, at 8755 New Suffolk Road, New Suffolk; CTM 117- 11:00 a.m. MULLEN REALTY, L.P. and RWM ENTERPRISES, INC. #5598 and #5599. Location of Properties: Main Road, Locust Lane and Cottage Place, SouthoId; CTM 62-3 19, Appeal No. 5598: Request for Variances, relative to proposed Parcel I, under Sections 100-102 (Bulk Schedule), 100-103A & C, and 100 243(A) concemthg proposed additions with alterations to an existing car deal- ership with service center, based on the Building Inspector's March 25, 2004 Notice of Disapproval, amended August 12, 2004, noting the following: (1) set- backs at less than 25 feet on a single side yard and less than 50 ft. total side yards, (2) lot coverage greater than 30% (3) setback at less than i00 ft. back from the right-of-way, (4) linear frontage is greater than 60 feet on Cot[age Place and greater than 60 feet on Main Street; (5) enlargement in overall building foot- prat(s) of more than 15%: (6) expan- si~t} of a nonconforming building con- taxmng a nonconforming use; and (7) SpeciaI Exception for car and truck dealership and public garage under Section 100 101BI12). Appeal No. 5599: Request for a Variance under Section 100 102 (Bulk Schedule) for proposed Parcel II with less than 30,000 sq. ft. of land area, and with existing buildings at less than 25 feet on a single side yard and less than 50 feet total side yards. 1:00 p.m. LINDSEY & SHELLEY SCOGGIN #5622. Request for a Variance under Sections 100-242A and 100-244, based on the Building Inspector's September 14, 2004 Notice Variances under Sections i00- 162A(3) and 100-165B, based on the Building Inspector's April 23, 2004 Notice of DisapprovaI, amended May 2, 2004 and June 3, 20(}4, concerning a proposed telecommunications tower at 125 ft. height with antenna, and related equipment. The reasons stated for disap- proval are that the telecon~munications tower: (1) does not meet the code requirements with a proposed height at 125 feet, (2) is not permitted to be locat- ed within 300 feet of historic properties, CTM 18-5-15.1, 18-5-i1.I, and (3) is not permitted on a nonconforming lot size, or lot containthg less than a mini mum lot area in a residential district of five (5) ac~es. Special Exception under Section 100-162A(3) to construct telecommuni- cations towel The Board of Appeals will hear all ?rsons, or their representatives, desir- ing 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 hesi tare to call (631) 765-1809. Dated: October 4, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski 7133 IT _1~/7~ #7133 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, commencing on the 7th day of October ,2004. Principal Clerk Sworn to before me this 2004 ¢ I dayof CHRISTINA VOLINSKI NOI'ARY pUBLIC-STATE OF NEW YORK NO. 01'VO610~080 QuollfleCl In SUtIOJ~, county ¢ommlSllon Expires February ~B, 2008 ZONING BOARD OF APPEALS .... TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ~ooo-. ~,,~ - 2' - /,.~./ OCT ~ 0 2004 COUNTY OF SUFFOLK) STATE OF NEWYORK) I, ~~ ~'~~//~residing at /~ ~~z~__ (~~~/~, Ney/York,' being duly sworn, depose and say that: / On the /~'77'/da~, of 0~7"~, 200'~, I personally placed the :~.: ........ ted ten-(lO) feet or closer from ~ · ' ' "~ -- 1faring the street or facing each :f~ items 1, 2, and 3. Also complete Item 4 if Restr~'ted Delivery is desired. · Print your na~le and ad~lmes-e~ ~ reverse an that we c~h returD,'the ca~'locy ~ B. Received by ( Pr/tired/~uwe) C. Date of Delivery w~ ained in place for' seven days hearing da was shown to be ~., .h.~j~' · ': · · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. I · Print your namqand address on the reverse , so that we can J~etum the card to you, Attach this car~ to the back of the mailpiece, or on the front ~ space permits. 1. Article Addressed to: OAg~t :3. ,~e Type ~' Cel~fled Mall r-I E.xpmss Mall' F"I In~ured Mall [] C.O,D. Re~d D~h,e~? ~a Fee) 0 Yes ,, as the area most visible (Transfer fn~n set v/ce/abe/) PS Form 3811, February 2004 Domestic Return Receipt OF APPEALS 3LD:NEW YORK Application of COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, :)~r~r~r~r~r~r~r~r~X.]/<' ~'f~'~/~/-r/?/~2//~ residing at /,~ /J,2 ~~, New Yor~ being duly sworn, depose and say that: ~ On the ~ day of ~~ 200~ I personally mailed at the United States Post O~ in ~ New York, by CERTIFIED MALE, RETURN RECEIPT REQUESTED, a ~e ~py of the a~a~ed Legal Notice ia prepaid envelopes address~ to cu~ent owners shown ~n ~e ~ent assessment toll vedfi~ from the o~ial r~rds on file with ~e (~Assessors,'or ( ) Coun~ Real Prope~ ~ce . .. , for eve~ .properly ~ich abuts and is a~oss a punCh'private street, or vehicular dght~f- way of record, surrounding the applicant~~.~..,~ : . [~ ~(~]~nature) . . ..' Sworn to befor · ~ day of (~ (NotE ne this 200 q Ilo. 01[X~0~328, Sdldk M 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. : OFFICIAL USE ONLY GOTBETTER! RAMIS (ULLENDAHL)5600 VO · GAR SY 68-2-13.1 , LABEL (4) 425 DIAMOND LN & PRV ROW PEC R40 CTY TAX MAP (8) NEIGHBORS CIRCLED (RED) AND TAX #'S WRITTEN // ASSESSORS CARD (7) PULL NOD FROM BD - 1 ON FLDR RT SIDE (~'~ RESEARCH PRIORS (6) INDEX CARD - MAKE NEW OR ATTACH / ADD ON TO OLD IF PRIOR SOIL & WATER LTR: PARCELS ON LI SOUND - Mail ASAP (, ~ PB MEMO: GET COMMENTS FROM CHAIRPERSON (COMMERCIAL / SUBDIVISION / LOT LINE / SCENIC BYWAY) ' INSPECTION PACKET SIGN (S) ~.~c~ MAILINGS: CVR LTR, SIGN, AFFS SIGN PSTG & MLG, LN ~.~.~ COUNTY PLANNING LTR UPDATED: NEW INFORMATION: MAILING ADDRESS: 531 995 Main Road, P.O. Box 1179 Southold, NY 11971-0959 (631) 765.1809 Fax 765-9064 LOCATION OF PUBLIC HEARINGS: SOUTHOLD TOWN HALL LOCATION OF MAIN OFFICE: North Fork Bank Building, First Floor, Corner of Main Road and Youngs Avenue September 20, 2004 Re: Chapter 58 - Public Notice for Thursday, October 21, 2004 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before OCT. 2nd: Please send the enclosed Legal Notice, with both a Cover Letter including a contact person and telephone number, and a copy of your Survey or Site Plan filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abu-~s and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) 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 retumed 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. AND by OCT. 5: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are retumed to you by the Post Office, please mail or deliver them to us before the scheduled headng. If any signature card is not retumed, please advise the Board at the headng and retum it when available. These will be kept in the permanent record as proof of all Notices. 2) By OCT. '~3th: please make arrangements to place the enclosed poster on a signboard such as plywood or similar material, posting it at your property for at least seven (7) days. 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. Please also deliver your Affidavit of Posting 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, Zoning Appeals Board and Staff Encls. 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: RAMIS & GOTBETTER 5600 MAP #: 68-2-13.1 APPEAL: SETBACK PROJECT: 2'D STORY ADDITION DATE: THURS OCT 21 2004 10:10 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between the hours of 8am and 3pm. ZONING BOARD- TOWN OF SOUTHOLD- 765-1809