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Home My WebLink About5546 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.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINA~ AUG 1 7 2004 MEETING OF dULY 1, 2004 ZBA File No. 5546- JOHN AND JACELYN CARWAY Properly Location: 1350 Smith Drive North, Southold; CTM #76-2-9. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 9,762 sq. ft. lot has 99.50 ft. frontage along Smith Drive North and is 100 feet deep. The property is improved with a one-story frame house, as shown on the August 12, 1988 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's May 24, 2004 Notice of Disapproval, citing Code Section 100-244 in its denial of a building permit application concerning a proposed deck at less than 35 feet from the rear property line. The reason stated is that the rear yard setback will be +/-25 feet from the proposed deck. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 22, 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 wish to construct a new 540 sq. ft. open, unroofed deck addition to their home, extending 10'6" beyond the rear building line of the home. The May 25, 2004 architect's site plan indicates that the dwelling is 35.8+- feet from the rear line, and that the new deck will be +/-25.3 ft. from the rear line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Other properties in the area have similar decks. The applicants wish to construct a 540 sq. ft. deck at the rear of their dwelling, and the code requires a 35 ft. minimum setback. The deck is necessary to provide a flat surface and room for walking safely between the doorway levels and for handicapped access purposes. ' '"~Pag~ 2 -, July 1, 2004 e ZBA No. 5546 - John and Jacelyn Carway CTM 76-2-9 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is only 100 feet in depth, and the house has existed with a 35 ft. setback to the rear yard line, meeting the code requirement. 3. The variance granted herein is substantial, representing a 29% reduction from the code required 35 feet, with a reduction allowing a 25+- ft. rear setback. 4. The difficulty was self-created and is based on the placement of the existing home, placing the proposed deck in nonconformity with the code requirements. 5. No evidence has been submitted to suggest that a variance in this community of single-family residences will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an open deck 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 Goehringer, seconded by Member Orlando, and duly carried, to GRANT the variance as applied for, as shown on the map prepared by Penny Lumber dated May 5, 2004, and the map prepared by Stephen Leo Siwinski, Architect dated 5~25~04, subject to the following CONDITION: That the deck be open to the sky. 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 Olive (Chairv~ma~), Od,~:Jo/~oehr~ger, and Dinizio. (Member Tortora was absent due to illness.) This Reso~/dtioh~as/d~y/~a~/pted///4-0). Vincenl~rla~do, ~*'e (~hairn~an-7~28~04 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, JUNE 22, 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 TUESDAY~ JUNE 22~ 2004, at the time noted below: 10:40 AM JOHN J. CARWAY #5546. Request for a Variance under Section 100-244, based on the Building Department's May 24, 2004 Notice of Disapproval concerning a proposed deck at less than 35 feet from the rear property line, at 1350 Smith Drive North; CTM #76-2-9. 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: May 27, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 24, 2004 TO: John Carway 155 Emory Road Mineola, NY 11501 Please take notice that your application dated May 24, 2004 For to construct a deck addition to an existing single family dwelling at Location of property 1350 Smith Drive North, Southold, NY County Tax Map No. 1000 - Section 76 Block2 Lot9 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 9,762 square foot parcel in the R-40 District is not permitted pursuant to Article XXVI Section 100-244, which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum rear yard setback of 35 feet. Following the proposed deck addition, the rear yard setback will be +/- 25 feet. 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. , 0¸3 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee: $ /tO~,'~¥iled By: ~l.d . (~.~.DF/~7 Office Notes,/2 n...,t ...z, ~ nl~ ~) k' ........ / Date Assigned/Assignment No. ,~o,~z'/L(~. CARWAY, JOHN 76-2-9 R40 5546 GG DECK - REAR YARD SETBACK 1350 SMITH DRIVE NORTH SOUTHOLD Parcel Location: House No.~'50 Street ~'~Cr~ ~ ~-~-u~ IO0mrl,e Hamlet SCTM 1000 Sectionr"/~; Blockc~ Lot(s) q Lot Sizeq'2{,~, '~o~e District 1 (VfE) APPEA_~L '~'HE V'JR1TTEN DETERMINATION OF THE BUILDING INSPECTOR Applicant/Owner(s): Jr, H U d ' C~qo-_ ~,J~o, v NOTE: If applicant ia not the 5wner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: dOC_. G~u.~ -LI Mt:cT. ~ C~t ~ ~ ~ ~ ~ e~S Telephone: ~ ~ ~l q ~ 8~'~; ~/L ~ ~,~0 -0 ~fl Please specify who you wish correspondence tO be mailed to, from the above listed nam.es: /~ApplicanffOwner(s) [3 Authorized Representative [3 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~'lO..~JOq FOR: ~0Buiiding Permit 13 Certificate of Occupancy [] Pre-Certificate of Occupancy [3 Change of Use [3 Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordina~nce by numbers. Do not quote the code. Article '/,,~v J- Section 100-.,2~'~/ Subsection Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map, [3 A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section ~ Reversal or Other A prior appeal ~3 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 wlll not be produced in the. CHARACTER of the neighborhood or a ,detriment !o nearby properties, if granted, because: '-~-. ¥e~2 o-~-.s ~ d ~ cLecf<. (2) The benefit sought by the applicant CANNOT be achieved, by som, e m, ethod feasible for the applicant t.o pursue, other than anqrea variance, because: ~['~-~aJ~.~ I,~o .,+~ kaa_S o- (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or envl~,o,m ~enfal cpndJf~ons in the neighborhood or district because: .C)~ ! ~ ~.~',~..s w~--~ ? ~ ~ (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, Is the cons~ucflon e~sflng, asbuilt? { ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the dlfticuity In meeting the code requlrements: (attach extra sheet as needed) This Is the MINIMUM that Is neceasa~ and adequate, and at the same time prese~es and protec~ the character of the neighborhood and the health, safe~, and welfare of the communi~. ( ) Check this box and complete PART B, Questions on next page to apply~ STANDARDS. (Please consult your attorney.) Otherwise. oleaseJ~roceed fo the signature apd rlotary areq belpw, ~.~ ~. Signature °~'Appella~t or Auf~nt ,S~Vo'~n to before me this ~'4't~ (Agent must submit A~thorlzafion from Owner) ADRIENNE FUPSE HAU$CH Not~, Public, State of New No. 02HA4667277 comQuallfied in Nassau County I mieston Expires Nov. 30, 200J~ ZBA App 9/30/02 NOTICE ~ COUNTY OF SUFFOLK (~ ~~ ~Red PFopeFty Tax Se'vice Agency mm ~ SOUTHOLD ~ 1000 ~-X/~- ~ :_~?~ a,~.C x' 26"9 dation ~. ~, Bath Extension ~ ~ ~ ~ o: ~00 ~/ i ~Basement ~ ~ I E~ension ~X ~ ~ ~YJ ~2~ ~ oo /~ / ~ Walls ~o~P~ Interior Finish Ex,~n ' I Fire Place ~y. Heat Porch Roof Type ~ '- Porch Rooms let Flor Br P~0 , =::..:.. ~ 2 ?: ~ ~ ~ ~ ~,/~ ~ ~oo~ 2.d F~oor Sarage /~_~ ~ ~ ~ p~ /~ o ~ ~ D~ Dormer D'B' ~ OWNER TOWN OF SOUTHOLD FORMER OWNER~o~'~ ~-P__~(.u044 S PROPERTY RECORD CARD VILLAGE W DISTRICT SUB. ACR~GE ~/4~£ ..q TYPE OF BUILDING RES. LAND ~'OO AGE NEW Form Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total SEAS. IMP. TOTAL NORMAL Acre VL. FARM DATE BUILDING CONDITION BELOW Value Per Acre Est. Mkt. Volue REMARKS ,ABOVE Value APPEALS BOARD M~MBER$' Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD 0uly 30, 2004 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 By Renu ar Ma and Fax Transmission 516-739-0428 Mr. and Mrs. John C. Carway 155 Emory Road Mineola, NY 11501 Re: Appeal No. 5546 - Variance (Setback) Dear Mr. and Mrs. Carway: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its July 1, 2004 Meeting. Please be sure to contact the Planning Board and Inspector Offices regarding the next step in the building/zoning review process. You may want to furnish an extra copy of the enclosed determination to their Department when submitting any other final documents that may be requested in their reviews. Thank you. Very truly yours, Enclosure Copy of Decision 7/30/04 to: Building Department Linda Kowalski Looking South west Looking South east Looking East Looking North west Looking South from inside door SMITH DRIVE NORTH~. ~ P,PE N. 80° $O'O0"E. 99.50' p,p~ P/O LOT 104' AREA = 9,762 SQ. FT P/O LOT LOT 105 104 PIPE ~8.75 G?, 0 ' STOCKAOE FENCE S. 80° 30' 00" W. LOT 115 95 75 $:7's.' * LOT 114 LOT 106 CERTIFIED TO ' LAWYERS TITLE INSURANCE CO. BAYSIDE FEDERAL SAVINGS & LOAN ASSOCIATION JOHN CARWAY JACQUELINE CARWAY SURVEY OF PROPERTY AT BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000 - 076 - 02 - 09 P.O. ~ MAIN ROAD SOUTHOLD, N.Y. SCALE 1" = 30' AUG. 12, 1988 .S. LIC. NO. 49618 by /he L.I.A.L.S. ~d ~proved ~d od~pf~ RS, P.C. 11971' LOT NUMBERS REFER TO ' ' MAP OF GO0~[ N~CK ' FILED NOV. ~E, 194~ iN THE OFFICE OF THE SUFFOLK COUNTY CLERK AB MAP NO. 1663 D.K. 88 - 520 Applicant(s):. PROJECT DESCRIPTION (Please include with Z.B.A. Application) I. If building is existing and alterations/additions/renovations are proposed. A. Please give the dimensions and ovdrall square footage of extensions beyond existing building: Dimensions/size: ,~--t~ I )(~ 6.~'-~ # Square footage: ~ ~ ~';b' B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage:. Height: Ilk Purpose,and,,:~e'ofnewcons, tmction requested in this application: ~ d~c~ ~ IV. Additional information about the su~ounding contours or ne~by buildings that relate to the difficulty ~eting the code r~quirement(s): I V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is tho subj.e~ premises listed on thc real estate market for sale? [] Yes ~No Are there a~.y proposals to change or alter land contours? [] Yes j~No 1) Are there any areas that contain wetland grasses? Ia_ O 2) Are the wetland areas shown on the map submitted with this application? 3) Is the propen'y bulk headeft~between the wetlands area and the upland building area? 4) If your property contains ~wetlands or pond areas, have you co/~tacted the office of' the Town Trustees for its determination of jurisdiction? Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /k/ O (If not applicable, state "n/a".) Are there any patios, concrete barriers, bulkheads or fences that exist and_are not nl,,,,~,~ on the survey map that you are submitting? ~ 0. ~c~.~ (If none exist, please "none".) Do you have any construction taking place at this time concerning your premises? ~t If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? hZ> If yes, please explain where or submit copies of deeds. ~d pm~ use ~C ~e~ ~ Authorized Si~'~d-~at-~ -- - ~ APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and emolovees. The purpose of this form is to provide information, which can al0~ thc Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: (Last name, first name, ~iddl[ initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~C Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activify: 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" inehides by blood, marriage, or business interest. "Business interest' means a business, including a partnership, in which the Town officer or employee h;as even a partial ownership of (or employment by) a corporation in which the Town officer dr employee owns more than 5% of the YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employec~ 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, parmer, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/25/04 Transaction(s): Application Fees Receipt~: Check#: 538 Total Paid: 538 Subtotal $400.00 $400.00 Name: ClerklD: Carway Jr., John J. 155 Emory Rd Mineola, NY 11501 BONNIED Internal ID: 94580 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 southoldtown.northfork.net TO: FROM: DATED: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Neville June 2, 2004 Zoning Appeal No. 5546 Transmitted herewith is Zoning Appeals No. 5546 - John J. Carway - Zoning Board of Appeals application for variance. Also included is Building Department Notice of Disapproval dated May 24, 2004; Zoning Board of Appeals Application; Area Variance Reasons; Project Description; ZBA Questionnaire; Applicant Transactional Disclosure; one copy (photocopy) of survey; one mylar copy of survey; two pages of pictures; one copy floor plan and construction detail drawings. RECE VEO MAY 2 8 20o4 ZONING BOARD OF APPEALS TRANSMITTAL WITHOUT COVER LETTER DELIVERED ~/~ ~/200 ~ TO ZBA OFFICE FROM: RE: 330,72' , SMITH DRIVE NORTH .4 PIPE N. 80° 30'O0"E. 99.50' ' PIPE ,~'e. So' , <,,7. o' ~ ..../ ~ o , 8 '~, ~~, ~ o P/O : / : ~ EOT I 04 Wl~ oo~ 1 ~ ~ .... LOT : ~ ': ~. c~C ." ,' -'~ 0 3o. 3 ' ~ ~','~ >~T,~?.','.:': ~ ~ P/O LOT , . "h '0 .... ~.~ ~7. ~ ' 8.80o 30' 00" W. , ~.~ '~. 95.75 ~.~'s ¢ AREA = 9,762. SQ. FT. CERTIFIED TO ' LAWYERS TITLE INSURANCE CO, BAYSIDE FEDERAL SAVINGS & LOAN ASSOCIATION dOHN CARWAY dACQUELINE CARWAY SURVEY OF PROPERTY AT BAYVlEW TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y, 1000 - 076 - 02 09 SCALE 1" = 30' AUG. 12, 1988 MAIN ROAD SOUTHOLD, .S. LIC. NO. 496/;8 RS, P.C. Prepared in accordance w/Ih /he minimum slandards for lille surveys as es/aM/shed by /he L.I.A.L.S. end approved and adap/ed for such use by The New York S/ale Laofl rifle Association. LOT NUMBERS REFER TO , ' MAP Of GOOSE NECK · FILED NQV. 22, 1948 IN THE OFFICE OF THE SUFFOLK COUNTY CLERK AS MAP NO. 1663 D.K. RR AOf~ May25,2004 To Board of Zoning and Appeals Town of Southold Re: deck- 1350 Smith Drive North, Southold, NY Gentlemen: RECEIVED MAY 2 Ii 2004 ZONING BOARD OF APPEALS Please be advised that the appeals application regarding the above has been served on the Building Department on May 25, 2004 as required. :~)tmly yours, ~ ~~rway on behalf of:)J. Carway DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECLFRVE September 13, 2004 SEP ,~ O THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Latapie, Francois and Suzanne* Bremer's Market & Deli (dPo/a North Fork market & Deli) Nesin, Elaine Starwood, David and Jane Van Bergen, Jeanne Nigro, Thomas Saunders, Joan Wolleben, John Head, Graham Riverhead Building Supply Buerkle, Patricia Carway, John and Jacelyn Southold Fire District & Omni-Point Communications, Inc. Nesin, Elaine Fischer, Diana Berwald, David and Patricia** Epifano L. and Ryan P. Hoffman, David G. Carnesi, Anthony P. McFeely, John Leighton, Robert Watts, John and Martha Atkinson, Peggy McGrath, Genevieve Penny V., George L. 5466 5531 5533 5534 5535 5536 5537 5539 5541 5544 5545 5546 5547 5548 5551 5554 5557 5558 5559 5560 5561 5562 5564 5565 5573 September 13, 2004 SUFFOLK COUNTY PLANNINO DEPARTMENT *Alternative relief appears warranted consistent with appropriate developmental restrictions, particularly as set forth by the Zoning Board of Appeals. **Promises should be encumbered by appropriate developmental restrictions, particularly as set forth by the Zoning Board of Appeals. Very truly yours, Thomas Isles Director of Planning Page 2 S/s ~wman Chief Planner GGN:cc G:\CCHORNY~.ONING~.ON~NG\WORKING\LD2004\SEPT~SD5466.SEP LOCA3~ON 1'4AILING ADDRESS H. LEE DENNISON BLDG. o 4TH FLOOR · P.O. BOX ~ I O0 · (5 I 8) 853-5 I go APPEALS BOARD MEMBERSO Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 1 I971-0959 Telephone (631) 765-1809 ZBA Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OFAPPEALS TOWN OFSOUTHOLD September 7, 2004 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed for your review, the following decisions, applications, surveys, tax maps, building disapprovals, and related information for review pursuant to Article XIV of the Suffolk County Administrative Code; within 500 feet of: R - STATE OR COUNTY ROAD W - WATERWAY (BAY, SOUND, OR ESTUARY) B - BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND ZBA NAME ACTION REQUESTED/VARIANCE R W B 5466 LATAPIE ACCY GARAGE - FRONT YARD LOCATION X 5531 BREMERS DELI NEW DELI - FRONT AND SIDE SETBACKS /" X 5534 STARWOOD AS BLT DECK ADDITION - BULKHEAD SR ,/ X 5535 VANBERGEN LIVING ROOM ADDITION - FRONT YARD OB X 5536 NIGRO DECK ADDN (GUEST HOUSE) - FRONT YARD X 5537 SAUNDERS LOT LINE CHANGE- TTL SIDE YARDS SB X 5539 WOLLENBEN REPLACE GARAGE- FRONT SETBACK X 5541 HEAD ATTACH GARAGE TO HOME & ADD 2"u STY X 5544 RVHD BUILDING ERECT 3"0 WALL SIGN X 5545 BUERKLE FRONT PORCH ADDITION - FYSB X 5546 CARWAY DECK- REAR YARD SETBACK X 5547 SHLD FIRE REPLACE TOWER OVER 60' X 5548 NESIN HOUSE - BLKHD SB & APPEAL PRIOR ZBA X 5551 FISCHER NEW HOUSE- FRONT SETBACK X 5554 BERWALD ADDN/ALT ACCY GARAGE- 2"t) DWELLING X 5557 EPIFANO ADDNS/ALTS- FRONT YARD SB X 5558 HOFFMAN ENCLOSE PORCH- SIDE YARD SB X 5559 CARNESI REBUILD ACCY BLDG - FRONT & SIDE SBS X 5560 MCFEELY DECK ADDITION- BULKHEAD SETBACK X 5561 LEIGHTON 2r~u STY ADDN/ALT-'rTL SYS & BLKHD SBS X 5562 WATTS ADDNS- SIDE AND FRONT SBS X 5564 ATKINSON AS BLT DEMO & CONSTRUCT DECK- TTL SY X 5565 MCGRATH 2Nu FLR & PORCH ADDN X 5573 PENNY BDRM, BATH & LAUNDRY ADDN - RYSB X If any other information is needed, please do not hesitate to call us. Thank you. Enc. ~/ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the matter of the Application of JOHN J. CARWAY CTM PARCEL #PARCEL#1000-76-2-9 RECEIVED JUN 1 8 2004 ZONING BOARD OF APPEALS Affidavit of Mailings STATE OF NEW YORK COUNTY OF NASSAU ss: -_~ ~;-I. Mineola, New York 11501, i Co~ ~ems 1, 2, and · pflnt your name and address on the reveme ac tflat we can retum the card to you. //t0 ge. B. Received I fiYES, [] I/Mia I-1 7003 1680 0006 4901 States Post Office in a second tree copy of following ~onfusion of a zip 11971 Southold, NY 11971 ~om to before me this day of June 2004 ^mie E bidamann Notary Public, State of New York No 01LU50507~0 Qualified in Queens County Commissio~ Expires O"L~?ber ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the matter of the Application of JOHN J. CARWAY CTM PARCEL #PARCEL#1000 - ? [- 2-~ RECEIVED ' JUN 1 8 2004 I ZONINC E~OARD OF APPEALS Affidavit of Postm-~-~-- .... STATE OF NEW YORK COUNTY OF NASSAU ss: I, JOHN J. CARWAY, residing at 155 Emory Road, Mineola, New York 11501, being duly sworn, depose and say that: On the 10' day of June 2004, I personally posted the poster notice provided by the Zoning Board of Appeals on the subject property located at 1350 Smith Drive North, Southold. Said location being no more than 10 feet from the front property line bordering the street. ..R_worn to before me this }3'J'~ day of June 2004 (SIGNA~E) I ~'-~-- -- ~(~ Notary Public, State ot New York No 01LU50507~0 Qualified iD QueeDs County g: 1095 125-2'- ~tuu~.,~ a mimmd~ Dorton Avehue~ 10:00 a.m. BRYAN VILLANTI and INGER BOYAJIAN g5540. Request for a Variance under Sections 100-242A. 100-244. and 100-239.4B based on the Building Department's April 28. 2004 Notice of Disapproval concerning a proposed deck addition. The reasons stated are 0~at ~on 10~- ~4IA a~l lmerpr~th~fi~.in Appeal #$309 does not permif~,W n~nconfor-' mance or illc~a$c tl~ degr~ o f noncoa- Ionnance, that $*ctioa 1 ~0-~14 mtuir~ front and seat~ethacks at a mJuimum 35 feet and lot coverage at less than 20% for all building area, and thai Section 100-239~4 requtres a m~mmum 75 fl setback from the bulkhead. Location of Property: 2400 Bay Avenue East Marion: CTM 31-16-8 10:05 a.m. THOMAS and LAURA NIGRO #5536. Request for a Variance under Secttons 100-31C. 100-243 and 100-33. based on the Building Department's March I5. 2004 Notice of Disapproval concerning a new deck to be added to an existing non-conforming accessoE~ guest house. Section 100-243 states that a nonconfomnng building containing a nonconforming use shall not be enlarged, reconstructed or stmc- totally altered or moved unless ine use of such building is changed to a con- forming use. Section 100-3 lC s~ates that a guest house is not a permitted use. Section 100-33 reqmres accessot~ buildings to be located in a rea~ yard, instead of a front yard. Location of Property: Montauk Avenue. Fishers Island{ CTM 10-7-5. 10:1~ a.m. KEVIN and SUSAN FERREL£ g553& Request for a Variance under Section 100-239.4A based on the Building Deparm~ent's April 19. 2004 Notice of Disapproval, amended May 18, 2004. Applicants pro- pose a deck addition and above ground pool at less tha~ 100 feet from the top of ~he Sound bluff, a~ 130 LIoyds Lane. Mattliuck: CTM 99-34.6 10:15 a.m. JOHN WOLLEBEN g5539. Request for a Variance under Section 100-33C. based on the Building Department's .lanuax3, 26. 2004 Notice of Disapproval. Applicant pmppses to demolish_ an exi?ing building and to construct a new garage at less than 35 feetfrom the frost lot line, at 705 Bridge Lane. Cutohogue; CTM 118-2-8. 10:20 a.m. GRAHAM DEAD g5541. Request for a V~iance under Section 100~30Af3h based on the Budd- ing DepartmenPs May 3, 2004 N~tice of Disapproval concerning new additions at less than 15 ft. mthtmm on a single side. at 1160 G~ose Creek Lane. Southotd: CTM 78-8~5.1. 10:25 a.m. DOMENICO RACANELLI #5542. Request for a Vatinnce under Section 100-?A4, based on the Buirding Department's May 4, 2004 No6ee of Dispppmval concerning a pl~opoaed dwelling with allached garage at less than 35 ~ from the front and runt lot line~, and le~s than l0 feel on a single side yan~, and wi~h lot cov- erage in excess of the cod~ limitation Of 20% for all Imil~iag ~ Loc~ion of Property: 3300 Manbasset A~enne. Gteenl~r~ CTM 43-4-19. 10:30 a.m. ELAINE NES[N. Location of ProperW: 875 Gull Pond Lane, ore~nporti CTM #35~L28.42. Request for Variances under: #5548. Based on the Building Department'~ May 25, 2004 amended Notice of Disapproval, for relief of Condition ZBA AppL g2480 (Sarah Rausch) which Special Exception application was granted for dockage and mooring privi- leges for two yachts, with an agreement in 1978 th covenant be filed with the County Clerk, including a resection that this p~perty is prohibited for resi- dential use, without prior Board of Appeals approval (The Special Exception authorized a shower, bulk- head, ramp and mooring float as requested); and g5533, Based on the Building Department's April 23, 2004 Notice of Disapproval, Section 100- 239.4B, for a dwelling proposed at les~ than 75 feet from the bulkhead. 10:40 a.m. JOHN J; CARWAY #5546, Request for a Variance under Section 100-244, based On the Building Department's May 24, 2004 Notice of Disapproval concerning ~i proposed deck at less than 35 feet from the rear property line, at 1350 Smith Drive North; CTM #76-2-9. 10:45 a.m. R1VERHEAD BUILD; /NG SUPPLY #5544. Request for a Variance under Section 100-205.1C, based on the Building Deparmlent's Febtuaty 3, 2004 N0fiee 0f Disappm~,al for placement of a (third) wall sign, at 74500 M~ Ro~d, ~ CTM ~L: I-2.3. Zone District: Lighl Industrial . !0:50 ~ PATRICIA'BUi:RgI~ on the Building Dcpai~anent s May 31 2004 Notice of Disapproval. Applicatio~ propose~ th construct a new porch with a setback at less than 35 feet to the front lot line, at 340'Private Road #3, S0uthold, CTM 870-6-5,1 11:05 a.m; SOUTHoLD FIRE DISTRICT/OMNi]~OINT CoMMU. NICATION$~ INC. #5547, Request for a Varinnc~ trader Section 10~1t62B 3, concerning a new tower, scd to replace file existi~ tower atP~°cight ~n excess of the code's height lil~intion. Thc Buildtiig l~pan~ctlt state~ {~at th; above the average height 0f 23 feet of buildings Within 300 feet of t~ facility. The appl~am is proposing 63 fe~t in height. Location Of Property: 55135 Main Road, Southol~ CTM ~624-11.L The Board- of Appeals will bear ali ~erSons, or their represeatatives, de~ir- mg to be he~d at each hcar~g, and/or desiring to submil writ/~a s~atement~., Each hearin~ will not staa earlier titan designated aliov¢. Fries a~ available for ' review dmag ~rg~lar basin~ hours. If yon have que.!tmn~; please do not hesi- thte to call (6311 765-1809. ' Dated: May 27; 2004, · BOARD OF APpE.a.,LS RUTH Di OLIVA, CI~AIRWOMAN By Linda K0walski 6091-1T 6/m _ 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 lOth day of June ,2004. CHRISTINA VOLINSKI NC'"Ar:v ~U~tIC ST,~,'r~ C',~ NEW YORK NO O!-V06105~50 Quallllea In Suffolk County Commission Expires February 28, 2008 Principal Clerk / Sworn to before me this / l day of 2004 RECEIVED JUN 1 6 2004 :ONING BOARD OF APPEALS. OFFICIAL USE ONLY CARWAY, JOHN 76-2-9 R40 5546 GG DECK - REAR YARD SETBACK LABEL (4) 1350 SMITH DRIVE NORTH SOUTHOLtJ // 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 BYVVAY) /' INSPECTION PACKET ( SIGN (S) ~ MAILINGS: CVR LTR, SIGN, AFFS SIGN PSTG & MLG, LN ~ COUNTY PLANNING LTR UPDATED: NEW INFORMATION: ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEWYORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- AFFIDAVIT OF MAILINGS COUNTY OF SUFFOEK~ STATE OF NEW YORK) L~ ~,,,,~_~ (r.... , New York, being duly sworn, depose and say that: On the / ~ay of ~ ~ ,200 ~1 personally mailed at the United States Post O~ce in ~ ~0 , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a'true copy of the atta~ed Legal Notice i~ prepaid envelopes addressed to current owners shown on the current assessment roll verified from the o~cial records on file with the ~ Assessors, or ( ) County Real Properly Office ~~ , for eve~ properly which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant'~pedy. S~orn to bef~ore me this day of . J,,.~(--- ,200 ~/ (Notary Public) 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. Table of Mailings John J. Carway ZBA #5546 ,) Lot Name Address Number 76-2-3.2 Thomas J. and Catherine Maloney 1789 Frederick Ave., Merrick NY 11566 76-2-10 Grace D. Greet 1180 Smith Drive No., Southold, NY 11971 76-2-33 Emma Lynch C/O Rita Duran 2948 Lexington Ave., Mohegan Lake, NY 10547 76~2-34.2 Herbert and Marion Hoffman 1325 Smith Drive No., Southold, NY 11971 76-2-34.3 Herbert and Marion Hoffman 1325 Smith Drive No., Southold, NY 11971 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: JOHN CARWAY 5546 MAP #: 76-2-9 APPEAL: REAR YARD SETBACK PROJECT: D K ADDITION DATE: TUES. JU NE 22 2004 10:40 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 ~ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 May 26,2004 Re: Chapter 58 - Public Notice for Tuesday, June 22, 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 JUNE 8: 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 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. AND by June 8: please either mail or deliver to our office your Affidavit of Mailinq (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 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 JUNE 13: 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 Postinq 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, Zoning Appeals Board and Staff Enclosures T- 'WIND LOAD PATH CONNECTION AND CONSTRUCTION DETAIL DRAWINGS ...'" ''~ ~'~,, ~-, ~ ~ ~ ~ C~T~ DECK& PORCH NOTES: NAILING SCHEDULE I~ g! .~.~.*,,..,.~.~/~.,,~.m~.~,~.~.~.=~., .... CLIMATIC & GEOG~PHIC DESIGN CRITERIA s~,~[~ ~, TOE ~ ~ ~D~:~ ~POS'~F ~ C~T~ STAIR , POST-TO-GIRDER/HEADER CONNECTION 8xe POSTJ~ue6 o~ WE661POST I BEA~ ~NCWOR ~p~¢Tb EACH FOOTING L