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W G 6/N, MW/PLA. ,, ,3/ /°?y`o /1/9-//t . 1-147eioxJ /3 CC.✓sreuc'T 2657ei! 'E C2oay/%ea- Ary e6E.ds 61,1 HaaH f/-C/0 4r l•-Oa tE,4EA/T e64 D'[.. ALT. /799 c5C161PN ‘% • oL1 )ootto xtU Lrd 4 I , • oil %%004 7 APPEALS BOARD MEMBERS �O�p�p CO`: Southold Town Hall Ruth D. Oliva, Chairwoman : 53095 Main Road Gerard P. Goehringer H z P.O. Box 1179 Lydia A. Tortora .J Southold, NY 11971-0959 Vincent Orlando ` # p! Tel. (631) 765-1809 James Dinizio, Jr. `' 1 l� S,.'1 Fax (631) 765-9064 http://southoldtown.northfork.net RECEIVED rile-Cs-a-- BOARD ccBOARD OF APPEALS fat TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MAR 2 2 2004 MEETING OF MARCH 18, 2004 �:��c 2 ZBA No. 5499 - Merlon and Isabelle Wiggin :i Southold Town Clerk Property Location: 10950 Main Road, East Marion; CTM 31-11-13. 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. The Zoning Board of Appeals held a public hearing on this application on March 18, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: PROPERTY FACTS/DESCRIPTION: The applicant's parcel consists of 29,200 sq. ft., with 98.50 feet along the south side of the Main Road (S.R. 25) and 221.90 feet along a private right-of-way along the easterly lot line. The property is improved with a one-story frame house with detached garage as shown on the May 28, 1963 survey prepared by Otto VanTuyl, L.S., amended November 21, 1995. FINDINGS OF THE BOARD BASIS OF APPLICATION: Building Department's February 12, 2004, Notice of Disapproval, citing Code Section 100-33, in its denial of a building permit application concerning accessory swimming pool in a yard other than the required rear yard. Section 100-33 states: "In the Agricultural-Conservation District and the Low Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard. The Building Inspector further states that the accessory structure is located in the side yard. RELIEF REQUESTED: The applicant maintains that proposed structure is part of the principal structure, and requests approval of a 12' x 24' semi in-ground swimming pool. The pool is proposed along the deck existing behind the dwelling with a minimum 61 ft. setback from the southerly lot line and about 50 feet from the westerly lot line. The applicants maintain that the building inspector erred in citing Article III, Section 100-33 to deny them a building permit for an accessory in-ground swimming pool. REASONS FOR BOARD ACTION: Based upon an examination the Southold Town Code and a review of the Building Inspector's February 12, 2004 Notice of Disapproval the Board finds the following to be evident. 1. Article I (Definitions) Section 100-13B, Page 10013 of the Code of Southold Town, states: Definitions and usages. Unless otherwise expressly states, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). Page 2 March 18,2004 • • ZBA No. 5499—M.and I.Wiggin CTM 1000-31-11-13 at East Marion ACCESSORY BUILDING OR STRUCTURE — A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building. 2. In order to have an accessory structure under the above definition, the structure must be detached. 3. Upon examination of the site plan dated January 21, 2004, prepared by Robert I. Brown, R.A., it is obvious that the applicant proposes to attach the pool to an existing deck, which is attached to the house, thereby making the pool part of the principal building. 4. It should be further noted that in the act of attaching the pool to the principal building, the house will continue to comply with all of the parameters set forth in the bulk schedule of the zoning code. 5. A close examination of the Building Inspector's Notice of Disapproval offers no basis within the code to deny a permit to the applicant. BOARD RESOLUTION: Based on the above reasons, the Board finds that the Building Inspector offered no basis in the Notice of Disapproval to deny this application for a building permit. On motion by Member Dinizio, seconded by Member Goehringer, it was RESOLVED, to REVERSE the determination of the Building Inspector and finding that the applicant is entitled to a building permit. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, and Dinizio. (Member Tortora was absent.) This Resolution was duly add (4-0). 6 Ruth D. Oliva, Chairwoman 3/19/04 Approved for Filing • LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 18, 2004 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 18, 2004, at the time noted below (or as soon thereafter as possible): 11:20 a.m. MERLON and ISABELLA WIGGIN. This is a Request for a Variance under Section 100-33, based on the Building Department's February 12, 2004 Notice of Disapproval. Applicants propose an accessory swimming pool in a yard other than the required rear yard, at 10950 Main Road, East Marion; CTM 31-11-13. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809.\ Dated: February 23, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski N N /• FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 12, 2004 TO: Merlon Wiggin 10940 Main Road East Marion, NY 11939 Please take notice that your application dated February 10, 2004 For permit for an accessory in-ground swimming pool at WIGGIN, MERLON & ISABELLE 5499 LT POOL-SIDE YARD 31-11-13 R40 Location of property 10940 Main Road, East Marion, NY 10940 MAIN RD EAST MARION County Tax Map No. 1000 - Section 31 Block 11 Lot 13 Is returned herewith and disapproved on the following grounds: The accessory in-ground swimming pool 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." The accessory structure is located in the side yard. Total lot coverage will be+/- 18 percent. Damo- ' al - • it-ERaminer Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. of 4. , I: 1`1in- APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS i ) For Office Use Only RECEIVED Fee:$ '---Y Flied Br- Date Assigned/Assignment No. Office Notes: ,^1 4 CI ( FEB 2 0 2004 o OF APPEALS Parcel Location: HouseN1.0940 Street .Main Rd. Hamlet EAST MARION SCTM 1000 Sectio1031 Block 11 Lot(s) 13 Lot Size0.75 A Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: February 2004 t tip Applicant/Owner(s): Merl and Isabelle Wiiiggin Mailing Address: 10940 Main Rd. East Marion NY 11939 Telephone: 631 477 1875 q 77 .)CiaC1 144: 631 477 0198 NOTE: If applicant is not the owner,stale if applicant Is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Address: Telephone: t i) K Please specify who you wish correspondence tb be mailed to, from the above listed names: l pplicant/Owner(s) 0 Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED_Feh 7 2004 FOR: KBuiiding Permit. O Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use O Permit for As-Built Construction 0 Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III - Section 100- 33 Subsection Type of Appeal. An Appeal is made for: jfIcA Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code, Article Section 0 Reversal or Other A prior appeal 0 has 0 has not been made with respect to this property UNDER Appeal No. Year , 4' • ,5 1111,111 ; rl Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: Np him Poen— ye ed._ (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, becquse: According to the guildin Dept. our lot has no rear' yard and as pools must be located in the rear yard, a variancer is the only recourse available to comply withMrs, Wiggin' s physician' s recommendation SEE ATTACHED (3) The amount of relief requested is not substantial because: Mo green- yo r 4- (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or (c) No. If 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) he A- This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney. Otherwise, please proceed to the signature and notary area below. Signature of Appellant or orized Agent Sworn to before me this (Agent must submit Authorization from Owner) ao d y of -1-1-1 7... 2001. (Notary Public / LINDA J.CODrca ZBA App 9/30/02 Notary Public,State of New York No.4222663,Suffolk Cor ty-, O� Term Expires Decemoor 31, �- /_ /f. /.5) TOWN OF SOUTHOLD PROPERTY RECORD CARD -9/2... OWNER STREET (( vri.�. /, VILLAGE DISTRICT SUB. LOT Ail t ./ • I"1G . C., L f�� r�' , . l Esc__ FORMER OWNER f' V acid*, .: sr-. N ACREAGE W TYPE OF BUILDING 71A/ 11 /? AilL2 /IA.,;'. ' `f l•!: • F r , tit• 7 c;:c._ RES. co)../p SEAS. VL. FARM Q COMM. IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS %-) �i` a1 gip 3,:) r e -7 , , ? ( C..) ( rrf ' .r o Woo /4 - 7 ) ,o y �ao ,�i / i may , r �.. 6 - tee, _"ate r < Iso 6 z 'r r? e,„ se -- ,'� 7. 4 <2 ; , ^ -'4i _",.1 , _ 7Lf) 7 r 0 5,4 00 % , ' 7. �"� 3J/// / // /al5/`r5 - BPr,73/ Sg7czosi, A-C4eroj;oil 5 �.1PAwVeda • AGE GScoBU2ILDING CONDITION '-'&-P be-ed • ge -o 6S 0-4 , 3 v- ) J ; 4/i-' - - O ejy &B pRMAL ..s. LO l / /� ABOVE a� a // `J '" J C `i Farm Acre Value Per Acre Value Tillable 1 ' '- ” Tillable 2 ✓A ; ,l l •' Tillable 3 Woodland Swamplandfe _ Brush hinrl a� House Plot Total j 7 I II to \ 4IF Y lY jam/ Il Ia _I 8 o c I Ell MOM r z! M E ■■ ■ , _ _ M. ;roY-wvy Bath 9 z , ; ( oundation // Y Extension Basement p Floors Aid �� Extension Ext. Walls C Interior Finish wait &t` / J 6; Fire Place Heat er • 3L SZ.1 300 c rkL �� E_, J 2 at V � Porch / Attic /.2- z „� . �� - .�_ Porch _ Rooms 1st Floor Breezewa IQJ 77 Patio Rooms 2nd Floor y r Garage /1Ne. ii p Driveway O. B. 6 ' of y ,• µi GPJFEPi¢E rue ---- Ea,.Nrr.k.w -- --- A0S --HP-- I AKE Nirr TE .SEWS � p,6TPCi5r r(FEPAON.S NT OF r. COUNTY O MWrhr a. —_ 4e YrxN lb <PE ,lY SEkd n0 I Y4RF14NLEr mY @m I .�.�v..�.. __�_- SS FFxkx POrFEP'�xYAW, 4 Yi1i! _I E 9P Red Property Tax r r — GrE 36y ..� IYSTr Tr<r'4r.wTiM of M Cour Center Aiverl I _ L4.• rr .r m ter P.xkr w .m. ..asv _ rrLnu1.11 '' • r \ - SEE SEC. ,.\ n wan W — _ Z T un x -.x v 15.24 s b �, 9'fn4 Ept PCL.w. ::�G ! t i� \ SEE SEC.W. PECOMC Lal) Must \' gi,t ozz-P3-ole.e P 1 nIt l9 p' r 110. 'S• 3 Q WWW\ 16.'P 4N l.2 1610 \\ 1' 0.4 ] ' + &,,,.. ' ' \ 113441 ‘AW " i n Y yt e a f O 21 \ 6 16p1 P., \0 3k si, • \ Llatci \ \ \ 11.16 E - y. 11.21 \�., a 5 \ 4 //\c..:6,' iP, . \e K U i \ 66 \ a11; \ COVE J m ,'r 5 tA,E 6 EPS. Sf(L So° 2 \ \ 1.15 '\\ IT: tab Y \ \ s. 3C6 • •2 �J ` ,. \ UJ0 .- l. Ln_ g 0 �, 14'' • W.0.a \\\\` \ 1Lla iW'� ty y'��gVy� r� lvar,rlOtN \k •,,a. .0. toe, IS N W a' l0 \d io a 1 B. 6 , ...,02 v WEE 1Y'' 2,---,., \ .d' 0 I 4 c ,, �(a lO 1 \ \ f>F t �\ �X\ 1.11¢1 la 3.9Ncr IDA 10 ,\ O • ./G' ` 6 2.3E PO FOLK COUNTY \\y 1.9" \ 4. .+ 'L'S ' ��'f+ 2JPlc\ h \1 \ ER AUTHORITY ` C° ,B c Vi 'r % \ S h 11 • AY1C' \,� )� .;9 .tea /y' .P a \'L < c/ naN�� s. \' \X 0.01,C , \ \ � / X od \ ym, 1.��. � / 2 \ t' , i 3 t. / %/::./-° b\� aim. ya re e 6, m M1 �'G Si,/ 6/ • \\ $� >L r fVA \�Ne \ `� qJ 0^.c Mix OF SWTNOLO lv �/ a\ /- ,y ' r� x \� • d/ a Fnorw.TER wo >Y s/ i\-7N. EN., ,/s /Y,..„\%� 0 4 D 'S 30°\,. Y/\/s,,P' MARION LAKE V / / 19.BMcl s \‘ \. \ r,,�\(f L4. \+Q�� � \\ C/ '{ 4YS �j ,j ,S ~ \ rti` , Rb H^ \\a s\�r�x \\•>O\ Z/ A°e Q� / // 'L . �b 4 / 9.9vu �271 �p/j{F^ 1,/ 06 �J -t/ Y� N a� '' "/ \< %//'M1O/"\„-±,i•`,ap- -/� `\ 1 MARION LAKE %.4,1, e. Bp. ."\2\;" 9 t v/ / . w 6.2 Icl ` �/ 'y' 4 \-,'c C\• 6 \f / F.'/R2' k. a �\% \ TOWN OF SWTH0.0 \' \l4 \ j ti' 6 d )\ $x b >Oma' �6 v �� 15 •P?o Q'y./ •F � 95.� R \ ,g/' lit* y - 0,- Q. 9 It �4 3EE •SE[.M.WB \�G 0'� \ - r6W. ---- serq.k.w --\Y.— .,,epemk,w — —- °"r TH: PRNPN,iE oncECOUNT tit — — e.r. w —_ ARESa eiEP o°o.,. o,6iPui6rReal% Propel Sam r . mom w -r - w r.kr u. —-�P scat yap no YYN,EH4MF ALTERATION,SALE OFp (21) lc.Y.rvk.w G*E ix'xs Pmopur pSTPBVrip1 r eN,PORTION u Mr county Cent ✓i /ATP SLFFW COUNTY 11r WP 5 FPMSTEOPet am [s r4Y,EFIM].R FN?TFH FEPSSSOL OF LSFPU of l2L 1.11°.• Pork Perk)4r -G - gr>,prrr nrrykrw —aa—- mamma aasrEPMEP PEAL PROPERTY TAY SERNCE slENCe. (� • al, 25x6'CAP EXISTING FAI RWEATI-1 ER-15 ROWN FENCE CONTIN. DE DESIGN ASSOCIATES,INC. CLEAR ASHG - i`,I RA WALL 205 BAY AVENUE ' WIGGIN PANEL N BRACE GRADE P.0.BOX 521 4'I1T.P05r SECTION © 01/21/04 GREENPORT, N.Y. 11944 G'0.C. MAX.Ng POOL 631 -477-9752 (Fax) 631 -477-0973 GRADE I WALL Mfr_ON. w Do''4O"E N -,_ �- 96.50 co. I - - .� SECTION 1- N NTA 1 - 0 I { .,1 , NI _ \ ° 1 % NQ 1 in { - w NFENOCE EW 4' � AT I \ O EXISTING U I EXISTING i `{ DECK 6 DECK PROVIDE SIF \ N/O/F )a1 LL N/O/F CLOSER 110CK S. %\ PAPSOM GI GRADE BILLMAN FOR EXISTING DOOR ` ',, ' 1-STORY { p SECTION i , rilib FRAME HOUSE 3• �.T.J. © �_ / t� ; - \ \ ,6 N Np 5� ♦ EXISTING w ',,6_` c DECK .. II, IQ © SOW , EQUIP. {{ 51 U' 'nJN \ GREEN O EV {` hOUSE /- 12'x24'PREFAB \ SEMI-INGROUNO POOL PROVIDE SELF `\ oi CLOSER+€SELF , 0 LATCI-ING GATE +1 PROVIDE NEW ` BASED ON SURVEY FOR 00 I W/LOCK. FENCE AT POOL \ MERLON E. WIGGIN 0 ,Ico AND DECK. `\ N AT EAST MARION { N TOWN OF SOUTHOLD, N.Y. . .` ' SCALE: I N=40' ---- - Q AMENDED NOV.20, 1995:NOV.2 I ,1995 N55°16100'W --------_ ___ SUFFOLK COUNTY N/O/F "iO" TAX MAP NO. 1000-03 1-11-13. BILLMAN 182.08' SURVEYED MAY 28, 1963 BY OTTO W. VAN TUYL 4 SON n MONUMENT JAN Z 1 7004 .1 _«<<C`:OF THE Efl ARC , . '_A" . F•fir,ANY PERSON, � y SUNLESS ACTING UNDER THE �P�I.BRO .0).PLAN DIRECTION OF A LICENSED ARCHITECT,TO ALTER ANY \ `+$ '' ��_ ITEM ON THIS DRAWING IN \II <_2 SCALE: 1"=401-0" �� ANY WAY.ANY AUTHORIZED /`��.�� �,�'"�� ALTERATION MUST BE `,,of �I--"" Q-- NOTED,SEALED,AND A�`�to� 4t 63R• -{C DESCRIBED IN ACCORDANCE •F NES �\ WITI-1 THF 1 AW !I • • *"'; art •a'L _ _.�.. +'�,.'at*.ae,.'1rir.a$�•. i .......,.s.,... ... \''L': ':''''''-'------ . +t•• i • .. FAN.. s•,..,oc .i'..,- . ����(g II....■�`■��} _ ' s ,�it-?> :•f+ 'q x%39 r•".' 3 ai i a �I `v ANY SEMI,�INGRO �•��D. I r ...M.., -.Fc4•�::�.. ,rs.x.,,....,. «�, •:'s ' OOL s ~'° ``� ,. ` } �:`IN D�_�N6ROUND-POOLS`NOW ON:`DIS • ', ,' e,It r EER PARK PLAY_- i .,, , MED O�Zp, j qKE'PROVE I J li i :-'. ill .1.,j i y •y ... � �• , �. fi r... ` p., - a ♦ � #w . }yr,b; ,,,..i:::,::,,.,;.,:h-,241:.'"'.'... d -•t ip,.',i:liir..,..,0::.....;7,7,,,,,' { O - r � kf. • E„ �ti + '474. t- C u 'II t't iz - ...z � G �' M ) I- ,�'� ���. ,, 4.,•St•.4W �+ .�'tit.• . ,.' ' r �:.�` .� .�,;� ��fiF t "} -�k .,fitr -f � ¢� gs., ¢x ' _ ` 1 � xa" q. = ui tvY" -' �. f , zq .t '� ; � ,a fis . `" +,� tk. er1k �+.b =fi 4 ,' u '•. i -,,s 4,� c. � 4 3 , s .• • _ytz e.:.,. s. ° `NTaYUB ,,q rRIDPANELVAL� � - ,0 . ' it�; $. :, .:sMITM� W1�r----17—\-rte ,;-� -_ ✓ .e - t • t t... - 4 t .... . I -. Unauthorized tate. to this survey IS 8 v'. Dh��1Section 7208 Olga)t.- 1 ' a l 4i NI t• Education WV. 1 1.\\\\ Copies ofthls cuVVo ra." tj'ytoo land iurVeyOr3kd eds- 6__ �,,•4embossed seat 8tla0 001bO C.. I r ----------___ S.pap. \\\I'' to beavalidnuotcf. i r. t Se•.4 Q'ti Guarantees tncleatedh�eha - • r only to the person htrwdom the au. •r� o .0 a prepared and on Ids behad Mho • ��__r__ -- Yi t,;ticompany.govam8tonteIa oflCll� i -rdrngrnstioddontidedhereonand 1 � r io rsslgnees of the tondlag inti- Gu:.rantees are not translatable r `.' .an..l is rstnutlons or subsequent I h. ' MAP 1 P OF LAND -t � .' \ \ If 5ut32Vv..YCt, Foe, -iiv. E. \tel I 1 -irarrte Stow: c)..-to �,. ' 1 �'-1 :1 mac: S+ EAsr MMI ION • ,�deck -, `� 'Icy.« Jr 't (n k -#v be 3 ia<:ed o o r `i ov�t� off' S' t )-ri-ic1..c) N.Y. �. •prc 6. airlroc:rn a, 'S. 0 - to replace e>~;�+.dec;.- rxJ3 2 o Lireert ho.� i= t' (1� /� , II 0 T I,.t. x t ; - i ' "dr t SC.ca l� - � Yct , 22� �' . • °•cs256 �� fl = rrts�rt. ttttr+ ��oLANDo0 I - Americded :.lo'Y.d'_Q, 19caS; Nov. 41`9E N 8S4,16-,„W. - i Sa.oaGucAva 1,c-{ 9 e c.A. to Iris Hoar —rk-t{c •„ Gu Yo w-,t 4-1 Co►+t p r.a Y-1 t.i Pt -%d i-0 `4'1-i t I a Hill \ sltrrvi'jrJ.•?_r_.( 11.40,,.3 Zit k5� . I -___[ G i To W• YC.,1 rt 71.1 y 1 •e r9 E ii. Co_Tax MIop No_ 1C-,\C>J-031-11- 13 . L`c Msed !_.citrck ►4. 1��ar tie 411111 MEL KAPLAN, M.D., P.L.L.C. 232 FOURTH AVENUE GREENPORT, NEW YORK 11944 TELEPHONE 631-477-0070 FAX:631-477-8983 MEL B. KAPLAN, M.D., D.1.M. LINDA FASZCZEWSKI, N.P. December 19, 2003 Southold Town Building Department Main Road Southold, NY 11971 Re: Isabelle Wiggin DOB 07/14/33 ' 10940 Main Road East Marion, NY 11939 To Whom It May Concern: Mrs. Wiggin has multiple severe medical problems, but primarily severe osteoporosis and arthritis, which are disabling. She has had surgery on her hip and her knee, and has only limited ability to ambulate. Exercise would be extremely important for her but, unfortunately, with her severe arthritis and pain, she is unable to get out and do much of it. Significantly increasing her exercise will significantly improve her overall health and quality of life. I urge you to consider her permit for a pool to be acted on as quickly as possible, and to be approved, if at all possible, as this will significantly help her overall health as outlined above. Thank you. Sincerely, 1 , 1i1(/ Mel B. Kaplan, MD, DIM MBK/skf ELIZABETH A.NEVILLE /0 y Town Hall, 53095 Main Road TOWN CLERKk ® P.O.Box 1179 co, ae REGISTRAR OF VITAL STATISTICS � Southold,New York 11971 MARRIAGE OFFICER ` �� Fax(631) 765-6145 - :�,fii `. i RECORDS MANAGEMENT OFFICER ; Biel - pig1 '��®P" Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER , southoldtown.northfork.net .....iii OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville, Southold Town Clerk DATED: February 23, 2004 RE: Zoning Appeal No. 5499 Transmitted herewith is Zoning Appeal No. 5499 of Merlon and Isabelle Wiggin for a variance. Also included is: Notice of Disapproval dated February 12, 2004; Project Description; ZBA Questionnaire; Applicant Transactional Disclosure Form; Short Environmental Assessment Form; copy of survey; site plan; copy of building permit application; and letters from Isabelle Wiggin and Dr. Kaplan explaining the need for a pool. • 110) 411, PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): Merlon and Isabelle Wigqin I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: Square footage: - B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: III. Purpose and use of new construction requested in this application: I n St d l l at i o of a semi- in ground pool as requested by applicant's physician(see attached) IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7)photos/sets after staking corners of the proposed new construction. 7/02 Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? 0 YesNo _ B. Are there any proposals to change or alter land contours? 0 Yes No C. 1)Are there any areas that contain wetland grasses? No 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? No (If not applicable, state"n/a".) E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? none (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? No 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? No If yes,please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel residential and proposed use residential 7 26 ®4— Aut orized Signature :f AI ate 4") all) • . APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Merlon Wiggin (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance . Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employe4 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 Submittettkis 20th day. f February, 2004 Signature: )1V,,Q _ Print Name- Merlon Wiggin • flar) PROJECT I D NUMBER SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1 Applicant/Sponsor 2 Project Name Merlon and Isabelle Wiggin 3. Project location: Municipality County East Marion 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) - 10940 Main Rd. 5.Is proposed action: ( )NEW ( )EXPANSION ( )MODIFICATION I ALTERATION 6. Describe project briefly: Installation o a semi-in ground pool as requested by applicant's physicians SEE ATTACHED 7.Amount of land affected: Initially: 0.007acres; Ultimately: 0.007 acres SEE PLAN 8.Will proposed action comply with existing or other existing land use restrictions:()QYES ( )NO If No,describe briefly: 9.What is present land use in vicinity of project:(descnbe): (*Residential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other 10.Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( )YES ( NO If Yes,list agency(s)and permit/approvals. 11.Does any aspect of the action have a currently valid permit or approval? ( )YES ('KNO If Yes,list agency(s)and permit/approvals: 12,As a result of proposed action,will existing permit/approval require modification? ( )YES (1,00 NO If Yes,list agency(s)and permit/approvals: 1 certify that the information provided above is true to the best of my knowledge Applicant/Sponsor Name. Merlon WlgginN Date: 2/20/04 Signature: E If the action Is in the Coastal Area, and you . e a state agency, complete the Coastal Assessment Form before proceeding with this assessmes • 1 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 12, 2004 TO: Merlon Wiggin$ Q7c) 10940 Main Road East Marion,NY 11939 ZEIVED Please take notice that your application dated February 10, 2004 FEB 2'0 For permit for an accessory in-ground swimming pool at Sca 9 2004 04 Location of property 10940 Main Road, East Marion,NY ZONING BOARD OF APPEALS County Tax Map No. 1000 - Section 31 Block 11 Lot 13 Is returned herewith and disapproved on the following grounds: The accessory in-ground swimming pool 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." The accessory structure is located in the side yard. Total lot coverage will be+1- 18 percent. >' 1 / amo Rallis, Permit Examiner Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. ."/" . \: 1 ' TOWN OF SOUTHOLD i.�' `- BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT I ' FEB I u 2004 TOWN HALL { Do you have or need the following,before applying? - •- Board of Health SOUTHOLD,NY 11971 Tts 3 sets of Building Plans TEL: (TEL: 631 765-1802 ��`� 631) —'"'"' Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved 20 Mail to: Disapproved a/c Phone: - Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT Date February 7 , 20 04 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the s property have been enacted in the interim,the Building Inspector may authorize,in writing, the extension of the permit for an addition six months.Thereafter,a new, permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, .-_.• g code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. / I L, (Signature of applicant or n. a corporation) 10940 Main Rd. East Marion NY 11939 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect; engineer, general contractor, electrician, plumber or builder owner Name of owner of premises Merlon E. and Isabedlle F. \ggin (As on the tax lull or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. • Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 10940 Main Rd. East Marion House Number Street Hamlet County Tax Map No. 1000 Section 031 Block 11 '''`X Lot, 11'3. 4+f Subdivision Filed Map No. •' Lot (Name) . • . 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Residence b. Intended use and occupancy Residence 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work Swimming Pool (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front 60 ft. Rear 60 ft. D eptly 5 ft. Height Number of Stories onP Dimensions of same structure with alterations or additions: Front same Rear same Depth same sarlight same Number of Stories same 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 12x24 semi-inground pool 9. Size of lot: Front Rear Depth 10. Date of Purchase 1962 Name of Former Owner C. Hanson 11. Zone or use district in which premises are situated Residential 12. Does proposed construction violate any zoning law;tkrdinance or regulation? YES NO X 13. Will lot be re-graded? YES NO X Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Wiggin Address _ Phone No. Name of Architect Robert I Brown Address Greenport Phone No 631 477 9752 Name of Contractor Island Recreational Address Massapequa Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) • Merlon E. Wiggin being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the Owner (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. Swonlo before me this day of06( lM ""'I 4A,._ _ ' t� Notary Public Signature of A ' LYNDA M. BOHN • App ll NOTARY PUBLIC,State of New York No.01606020932 Qualified In Suffolk Count Term Expires March 8,20 az ISABELLE F. WIGGIN 10940 MAIN ROAD EAST MARION, NY 11939 • February 20, 2004 To Whom It May Concern: My physician, Dr. Mel Kaplan (see attached), has recommended in-water therapy, As I am also legally blind and cannot drive, it is impractical for me to use any public pool facility. Also, it is necessary for the pool to be ATTACHED to the existing deck so as to permit me safe ingress and egress. Sincerely, „1,2,,,L, _ ..g.,. ziwii,_.) Isabelle F. Wiggin Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/23/04 Receipt#: 3496 Transaction(s): Subtotal 1 Application Fees $150.00 Cash#: 2496 Total Paid: $150.00 Name: Wiggin f Merlon E 10940'Main Rd East Marion, NY 11939 Clerk ID: LINDAC Internal ID:89897 TOWN OF SOUTHOLD 4! \`�.BUILDING PER APPLICATIO V\CHECKLIST BUILDING DEPARTMENT JL, tb I ® 2004 Do you have or need the following,before applying? TOWN HALL 1 z _ Board of Health SOUTHOLD,NY 11971 `� -' -��� 3 sets of Building Plans TEL: 631 765-1802 T` TEL: (631) Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved I ,20 Mail to: Disapproved a/c Phone: tJ 7 2 Expiration ,20 ,(;& Building Inspector c)-)0 APPLICATION FOR BUILDING PERMIT • Date February 7 , 20 04 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new, permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations,for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, s-. • g code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. / , g• . AO (Signature of applicant or na /a corporation) 10940 Main Rd. East Marion NY 11939 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder owner Name of owner of premises Merlon E. and Isabedlle F. \Wiggin (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 10940 Main Rd. East Marion House Number Street Hamlet r !! 031 11 53� �: 'e r"Ff1 County Tax Map No. 1000 Section Block Lots- <13 Subdivision Filed Map No. ‘`'' Lot" (Name) { t 2. State existing use and occupy.....,, of premises and intended use and occupancy of proposed construction.: a. Existing use and occupancy Residence b. Intended use and occupancy Residence 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work Swimming Pool (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front 60 f t. Rear 60 ft. Depth55 f t. Height Number of Stories onp Dimensions of same structure with alterations or additions: Front same Rear same Depth same sail fight same Number of Stories same 8. Dimensions of entire new construction: Front _ Rear Depth Height Number of Stories 12x24 semi-inground pool 9. Size of lot: Front Rear Depth 10. Date of Purchase 1962 Name of Former Owner C. Hanson 11. Zone or use district in which premises are situated Residential 12. Does proposed construction violate any zoning law;;ordinance or regulation? YES NO X 13. Will lot be re-graded? YES NO X Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Wiggin Address __Phone No. Name of Architect Robert I. Brown Address Greenport Phone No 631 477 9752 Name of Contractor Island Recreational Address Massapequa Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF Merlon E. Wigqin being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the Owner (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. Sworwr before me this day of 20 D 6( 411110 INl Al" //A A ! _ ? A/.� Public Signature of Appl'f LYNDA M. BOHN NOTARY PUBLIC,State of New York . No.01606020932 Qualified in Suffolk County Term Expires March 8,20 paa dv, _ COUNTY OF SUFFOLK os- Au\ (1132 �° MAR 3 1 2004 STEVE LEVY SUFFOLK COUNTY EXECUTIVE ZONING BOARD OF APPEALS THOMAS ISLES, AICP DEPAI-(IMENT OF PLANNING DIRECTOR OF PLANNING March 26, 2004 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) Reeves, Edwin and Laurie '5462 Poggi,Richard and Dorothy 5468 Hinton, John and Vivian 5477 Bakelaar, Vera 5479 Scott(John) and Tuffy(Sandra) 5480 Skrezec, Darrin* 5482 Sampieri, John and Joyce 5483 Mattituck Fire District 5485 Licalzi, Luke and Rita 5488 Pisacano, Stephen 5490 Wiggin, Merlon and Isabelle 5499 *Premises should be encumbered by appropriate developmental restrictions,particularly as set forth by the Z.B.A. Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc GACCHORNYIZONINGIZONING1WORKINGID20041MAR\SD5462 MAR LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.-4TH FLOOR ■ P. 0. BOX 6 100 s (5 16)853-5 190 1 00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 I 6)853-4044 APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road Ruth D.Oliva,Chairwoman P.O.Box 1179 Gerard P. Goehringer Southold,New York 11971-0959 Lydia A.Tortora Telephone(631)765-1809 Vincent Orlando ZBA Fax(631)765-9064 James Dinizio http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD March 23, 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 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 5462 REEVES GARAGE — FRONT YARD LOCATION X X 5468 POGGI BAY WINDOW ADDN — SIDE YARD SETBACK X 5477 HINTON AS BLT DECK ADDN — SIDE YARD LOCATION X 5479 BAKELAAR ADDN /ALT— EXCEEDS 20 % LOT COVERAGE X 5480 SCOTT DEN & BEDROOM ADDN — FRONT YARD SB X 5482 SKREZEC SE / INTERPRETATION — LANDSCAPE X STOCKPILING . 5483 SAMPIERI ADDN'S /ALTS 2N13 STY/ DECK— SIDE SB X 5485 MATT FIRE DIST RADIO ROOM ADDN/NEW BARN — F, R & S SB X 5488 LICALZI AS-BUILT POOL— FRONT YARD SETBACK X 5490 PISACANO ADDNS/ALTS— SIDE YARD SETBACK X 5499 WIGGIN _ POOL— SIDE YARD LOCATION X X If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Jess Boge Enc. cc: ZBA Staff -OFFICIAL USE ONLY -L-WIGGIN;MERLON & ISABELLE-5499 LT ,_� POOL-SIDE YARD 31-11-13 R40Checklist for new projects: 10940 MAIN RD EAST MARION J CALL APPLICANT/REPRESENTATIVE FOR AVAILIBILITY �✓ CTY TAX MAP 8 CPES — NEIGHBORS CIRCLED AND #'S WRITTEN SOIL & WATER LTR: PARCELS ON LI SOUND — Mail ASAP `1 1 PB COORDINATION MEMO: ANY COMMERCIAL/SUBDIVISION PROJECTS include: ZBA app, NOD, & BD app (S drive ZBA, memos) — interoffice ASAP 9 SIGN — 2 IF MORE THAN 1 FRONT YARD `.Q MAILINGS: INCLUDE COVER LTR, SIGN, AFFS SIGN PSTG & MLG, CHAP J`1 58, LEGAL NOTICE - COPY OF ALL BUT AFFS & 58 IN FLDR RT LABEL: (4) INCLUDE NAME, AGENT, TM#, ZBA#, ZONE, MBR'S INITIALS, PROJECT, VARIANCE, ADDRESS —top/front fldr, checklist sheet, 1st pg. appl ASSESSORS CARD PULL NOD FROM BD - 7 CPES — 1 ON FLDR RT SIDE V INDEX CARD — MAKE NEW OR ATTACH /ADD ON TO OLD IF PRIOR RESEARCH PRIORS — INDEX CARDS, LASERFICHE, —6 CPES OF DEC (1 RT SIDE FLDR) - CPE INDEX CARD, STAPLE TO INSIDE RT SIDE IN FLDR INSPECTION PACKET: NOD, ZBA APPL, SURVEY, BD APPL, ASSESS L� CARD, CTM, ALL OTHER CORRESPONDENCE 1 COUNTY PLANNING LTR: for parcels located within 500' of RT 25, CR 48 or w bay, sound, or estuary. Enclose ZBA app, decision, survey/map & NOD UPDATED: NEW INFORMATION: • Complete items 1,2,and 3.Also complete e A. Signature - item 4 if Restricted Delivery is desired. �' 1:1 Agent • Print your name and address on the reverses ❑Addressee so that we can return the card to you. : R�c:Yed b (Pri ed ame) C. Date of Delivery • Artonh thisf card to the back it the mailpiece, JGw —3•'`� or on the front if space permits. • 1 D. Is delivery ddress diff nt from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below. 0 No V/Cie/L= e PS0/4 to ? l E-VO✓(/4,z/6 Lam. ,C7-7zi e� ,A-04.0 C 3. Service Type It Certified Mail 0 Express Mail 06 ?c9, — 0 Registered 0 Return Receipt for Merchandise 7 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ( 7001 2 510 0000 1248 4342 E,La Transfer from service label)I . PS.Form 3811,August 2031: i i i . ,; Domestic,Return Receipt 102595-02-M-1540 :ifH i ii i i ,til , i ilii iii ii+i UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • I /� / / Merlon E Wiggin U'/ 10940 Main Rd v East Marion,NY 11939-1520 Ov9t-w-zO-063O1. , .40930HwnleH o!lsawoQ• ? , " ; 1-00Z lsn6ny'1.036 waod Sd' �'�ti E E h " B h 2'L " '0 0 0 0 TOOL : baaei eorvas woy ia si) JegwnN 0101W 7 SOA 0 (eed ei;xd)UUengeQ PepNlsoH 'b •Q•o•o❑ is peJnsu! 0 es!pueq uayy lo;ld!eoeH wnleH ❑ peJels!6aH 0 Oft ?L�n ^ W I1essajdx3 ❑ RN Peiniao;�'1 ( (y/ edAj ao!nreg •g ,, Tt4 / aQ / CVL ?®6 ON 0 :Mo!eq ssauppe fuan!!ep Jalue'33A l! :el Passalpp alo!liy •1 seA 0 L I.wall wail lueiewp sseippe Nangap SI a •sllwued eosds;!luag ay;uo io /WANG 40 eleQ 'o (euieN�elupd)Ag Pe -`A'9 !in eq to�losq ay;o}limo sly;yoslly • •nog(o;pJso NI=lei use em lsy;os eessalppy❑ "Fr asaanea ey;uo sseipps pue ewsu Jno�(;uud • ❑ /:i r. 7 10" Pa PI d P H b ; lue6 X • Jlsa SI I JeAI a elou;sa well amisu6!g •y eleldwoo osly•g pus'Z'L swall eleidwoQ ■ .ti A • 4 • • .A • a ► • /:/#Ieirtar_Pz_g_ui G: UNITED STATES POSTAL SERVIC CT --'"--,-E- 'LLsteiir F� O � , --_-_Poatage=B-Fees Pai d _ , �-- .USPS-_----„ , ,- PM 'o ,_,, --, _fermi o:G=10s„m„ • Sender: Please ri 4 I A _ ----_..�-s'"�'----,-- Tse p •yc?}a,�jna •e, address an .Z!•P In h„ i ,t ax --..— � --- _�—_- MedonE.Wiggin -��— 10940 Main Rd- }o EdstMa ion.NY-11939-1520 - --1 r3 Sr.)1 iIrrr1 Hill III/ ti1iillEl3131 1 331131313„i:tli :1111111iiiillid ► o K• t r r.Igissig argi •uP E THIS SECTION ON •41awle • Complete items 1,2,and 3.Also complete A. Sig ature item 4 if Restricted Delivery is desired. X J29 / / / hf�/gent • Print your name and address on the reverse /'/ I 000 �l/I❑Addressee so that we can return the card to you. c = dyed by(Printed Name), • C. D_te of .:livery • Attach this card to the back of the mailpiece, l�It Ji �� -1 6 0 or on the front if space permits. D. Is delivery address different from item 1? 0 es 1. Article Addressed to: If YES,enter delivery address below: 0 No l-ic> pct= ffti ztj teos ( 42',1 11/ CASSA � ,4o /QM2D O 3. Service Type L= ,v2IQ fV j\iv (�)�/ NCertified Mail 0 Express Mail ! / �� 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. ~4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number —` (Transfer from service label) 7001 2510 0000 1248 4359 'PS Form 3811;August 2001 :Domestic Return Receipt 102595-o2-M-154o UNITED STATES POSTAL SERVICE I 11 II I First-Class Mail Permit eossr mpt Postage eNo&.FGe-elso Paid • Sender: Please print your name, address, and ZIP+4 in this box• 4- •W'Mer/OnE..Wiggir 16940- - Erist Marion NY—11939-152g' - ► i eilitylag*IVIMW4•411.1 COMPLETETHIS SECTION ON DELIVE--- • Complete items 1,2,and 3.Also complete AS item 4 if Restricted Delivery is desired. iv- `S-Agent • Print your name and address on the reverse 0 Addressee so that we can return the card to you. Rpeceived by(Punted Name) C. Da:of.slivery ■ Attach this card to the back of the mailpiece, /LL ( 5 6 a or on the front if space permits. D. Is delivery address different from item 1? 0 es 1. Article Addressed to: If YES,enter delivery address below: 0 No Josue o14 g` CA,QoL / 3. Service Type 6 0r0 IiigCertified Mail 0 Express Mail E�ST //1� •/.0 N' 7. /� 0 Registered 0 Return Receipt for Merchandise �! i !V/ 0 Insured Mail ❑C.O.D. 11 j q',7 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 70011 2510 0000 11248 4366 �,n 1rl. �o (Transfer from service laben PS Form 3811,August 2001' 1 :Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• 10940 Main Rd f - East Marion,NY 11939-1520 01, 1Wil!!till LI!! Ill tilt I !ill!hi!III!iii 1ii,l:,iil!!stidIl f V • • ,� • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of AFFIDAVIT MERLON AND ISABELLE WIGGIN OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000-31-11-13 - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, MERLON E WIGGIN residing at 10940 MAIN RD. EAST MARION , New York, being duly sworn, depose and say that: On the 8th day of MARCH , 2001 , [ personally placed the Town's official Poster, with the date of hearing and nature of my application. • .noted thereon, securely upon my property, located ten (10)feet or loser from the street or right-of-way (driveway entrance) -facing the street or facing each } street or right-of-way entrance;*and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing dat-, ► i,a. hearing d.to as shown to be r ... r= r . (Signature) // Sworn to before me this • / r day of , 2004. • • -6(7JOYCE M.WILKINS Notar �� y Public,State of New York ( ►otary Public) No.4952246,Suffolk County Term Expires June 12, (9.0O 7 *near the entrance or driveway entrance of my property, as the area most visible to passersby. 16. 9-8.4. 9:40 a.m.JOSEPH and FRANCES ' 10.35 a.m.STEVEN D.AXELROD SETARO#5496.This is a request for a and SANDRA SCHPOONT #5500 Variance under Sections 100-242A and This is a request for a Variance under 100-244B, based on the Building Section 100-242A, 100-244B,concern- Department's January 22, 2004 Notice ing proposed intenor alterations-in an- of Disapproval, last amended January existing dwelling which is less than 10 27,2004,concerning proposed second- feet from side lot line, at 575 Ruch story additions and alterations to the Lane,Southold,CTM existing dwelling with combined total 10:40 a.m GEORGE AND DON- side yards at less than 25 feet,at 3680 NA DIAKOUMAKOS#5501.'This is a Stillwater Avenue, Cutchogue, CTM request for a Lot Waiver under Section 137-1-13. 100-26 to unmerge Lot 40, Map of 9.45 a.m.FREDERICK and DOR- Orient by the Sea,Section One,shown OTHY CHARNEWS#5469.This is a as CTM 15-7-11 of 12,500+- sq ,ft., request for a Variance under Section from an adjacent land area of 13,765+- 100-30A.3(ref.bulk schedule)based on sq. ft., shown as CTM 15-7-10, the Building Department's November 3, improved with a'dwelling.'Location: 2003 Notice of Disapproval concerning 455 and 555 Three Waters Lane,Orient a proposed addition with a setback at 1050 a.m GEORGE PENNY IV , less than'50 feet from the rear property #5493.This is a request for a Vananee- line, at 11675 Pequash Avenue, under Section 100-31C, based on the Cutchogue;CTM 103-7-16, Building Department's January 23, 9:50 a.m. STEVEN SZCZENIAK 2004 amended Notice of Disapproval #5497. This is a request for a Variance concerning a proposed horse barn and under Sections 100-33 and 100-244, corral on a lot which contains less than based on the.-Building Department's ten(10)acres of land;the minimum size December I0, 2003 Notice of required for keeping,breedhig,raising, Disapproval, amended February 12, and training of,horses. Location of 2004,-concerning-the_proposed addi- Property: 1150 Kenny's , Road, tions to the existing dwelling with lot Southold; CTM 59-3-17.3 (containing- coverage exceeding the code limitation 6.967 acres). of 20%of the lot area,and after this new '11:00 a.m. DONAND anti IRENE construction,the existing garage will be SUTER #5489. This is a request'for at the side yard of the new addition Variances under Sections 100-33C,100- instead of a code-required rear yard,at 242A, and 100-244B, based on the 1400 Marlene Lane, Mattituck; CTM Building Department's July 23, 2003 144-2-36. - Notice of Disapproval, last amended _ 10:00 a.m RICHARD and NANCY February 3,2004,concerning: (a)pro- WILLOTT#5491.This is a request for posed additions and-.alterations to the a Variance under Section 100-242A and existing dwelling at less than 35:feet, - 100-244, based on the Building- from the front property line-and less' Department's October 17,2003 Notice than 10 feet from the side iodine,and of Disapproval concerning a proposed (b)relocation of the existing accessory, addition-with a rear setback at less than garage and proposed addition, at less- 35 feet, at 560 Private Road #31, than 35 feet from the front property line Southold;CTM 77-3-21 Location of Property:1150 Dean Drive, 10:10 a.m. ROBERT and KELLY Cutchogue;CTM,116-5-14 L. KRUDOP. Applicants request the ' 11:10 a.m. ARTHUR and-RUTH' 'following Ldt Waivers under Section VENTURA t#5495.This is a reequest ,or. 100-26. .Based, on the Building a Vailapce .under Section. 1-1)0"=%, Department's November..17,- 2003 2239.4A(1)-based' on the_Building; ,; • Notice_of,J)isapproval, the properties Department's .December ;23,2,.2003i- • ,23,. 2003 -- EGAIL,N(J'1 CE-,.,- ' -�-.- ,. \' Have merged under Section`100-25 due Notice`of.Disapproval,oogcettiing they „ 55-rS� QLD TO rs to.coniraon ownership with the first lot location of a proposed dwelling at less•-1 BOATt) b F! AIS at any tine after'July'1,1983:". tan 100 feet_fro*the top of the bluff) 1 Jsp. Y MARcu 1'8,2004' '-#5487.TO unmerge CTM"1000-96-1- adjacent to theLong-Island.`Souud;a , t s C, AIkING - ' 9 of 14,787+-st11ft,from CTM 1000- (No#)Sound View Road,Orient;CTM`;' . SHEL +'BY-GIVEN; 964-$ of 14,787 sq. ft: Location of 15-3-46(Orient By the$ea). pkt* ecdo R2f? Y t Town 'property: 170 and. 250 Tuthill Lane, 11:2Ga.tn.-1VIERLONand-ISA IE -* Ld yv,4M 40111p o(Zoiling),;Codeof' Cutchogue, LA WIGGIN. This-is.a requestt-for a" , ow# Soot old..theg olo g #5486:•To unme_rge CTM 1000-96-1- Variance under,Sectid4,I00-334,,,Wseil; �> ft g,Jws11 ie he14.bey the _ 6.01-9520+-'sq.ft,from CTM 1000-96- on the Building'Department's-February',' � C�r,D,,,1Q 1?7,Q:,.B'Q :..SOF 1-8'of 14,787 sq.ft. -Location of 12,,-2004 Notice of Disapproval fit ad, '(1 BTo 117 95 Cope erty: 50 and 250"Tuthill Lane, ,Applicants propose an accessory swiu#-r ming pool in a--yard other.than'the; = iCr,Yolk'11971.095;,;_-on S- 10:30 a:ht. JONATHAN GILSON required rear yard,at 10950 Main Road, 11 CH,18,.2004, at•the time and REGINA EBEL#5498.This is a East Marion;CTM 31-11-13. noted lbelowYr,.(or-'as,soon thereafter as request fora Variance under Sections _The Board-..of Appeals will,, .11daz all: P04010 1 e).; 100-33'and 100-242A, based.on'the pe ' p e-,_ ` p l# ) �,. �; "sons,or their reresentatives;_dc`sir=' 35 'a:m??_MA TIN ;J., BAN-, . Building,Depar'tment's February,5, 448'to be-heard,at'eacli hearing;_atid(or� , P"-I',3R 415 "flus;,is a req est submit writtt n statements; foe:a-Variance under.-Section 100-33, an,accessory garage,which will become before the conclusion of each heating: ,,ba5dd'5.on'tf}e"Bhilding;;Department's - more nonconforming in its existing side Each hearing swill not start.earlieF<than ce-rpber_",:22,z;2003 '.N'ottce, of- yard location,after,construction of pro- designated above:Files are avai ble fes., Disapproval,,concerning{the,location of posed additions to the'dwelling. The review dung regular businessl utta,If-, ,1*os�ed l k of itt:a'reat, ther•-than- coderequires accesso buildings to beyou have oplease o not hest ,a l�� ,��im., iy g questi = d Y . t1 'code-requiredd.;Year Yard,,if-38099 in a tear yard. Location of Property: tate to call(631)765-1809. Main Iniad;?Orient;}P'aitcel'•1000 15;2- 1185 MIU.Road,Mattituck;`CTM 106-_ Dated:February 23,2004. J_ - 'BOARD OF APPF -.i ,-CHAIRWOMAN Ity Linda Kaki 29594T M4 _ - .\\ I, yt,(\v5')(\ #2959 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 4th day of March , 2004. Principal Clerk Sworn to before me this day of�G' �' D 2004 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01.-V06105050 Qualified In Suffglk County Commission Expires SONqry 28, 2008 ZONING BOARD OF APPEALS R 0 72004 • TOWN OF SOUTHOLD:NEW YORK X ZONING SOAR® ®F APPEALS In the Matter of the Application of AFFIDAVIT Merlon&Isabelle Wiggin OF (Name of Appliq nts) MAILINGS CTM Parcel #1000- 031-11.13 - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Merlon la Wiggin residing at 10940 main rd East marion NY 11939 , New York, being duly sworn, depose and say that: I j On the 3rd day of March , 2004, I personally mailed at the Unyy'ted States Post Office in Greenport New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current ' . assessment roll verified from the official records on file with the Assessors, or ( ) County Real Property Office , for every .property which abuts and is across a public or private street, or vehicular right-of-. way of record, surrounding the aTtfca is property. 7 1/1/Ctil.ktt (Signature Sworn to before me this • • • day of , 200 4L JOYCE M.WILKINS Notary Public,State of New York No.4952245,Suffolk County Term Expires.Durl®'l2, ;2.607 (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. U.S: Postal CERTIFIED MAIL RECEIP (Domestic Mail Only;No Insurance Covera. vided• l-u Is m STAMFURD; CT' 06923 J !�""ti� I �� KZ Postage $ 0.37 UNIT ID: 0944 Certified Fee 2 30 Postmark Return Receipt Fee 1.75 Here ca (Endorsement Required) p Restricted Delivery Fee Clerk: KTRO3Y p (Endorsement Required) aTotal Postage&Fees $ 4.42 03/03/04 ru Sent T9 a Street,Apt.No.;/ j In or PO Box No. �o�„'/O,�/,Q f-/ L�1 e. City,State,ZIP+4 p,n-�role L1 ce)6 '"b 8- PS Form 3800,Janua 2011 See Reverse or Inst f.i- CERTIFIED' MAIL RE EI ' (Domes'Jic Mail Only;No Insurance Covera• • _- r o, m rr' 1 INDIANAPOLIS, IN 'A6240.5—,.. cL.� Postage $ 0.37 UNIT ID: 0944 fl.l Certified Fee 2.30 Postmark Return Receipt Fee 1 e75 Here (Endorsement Required) CI Restricted Delivery Fee Clerk: KTRQ3Y I= (Endorsement Required) -Total Postage&Fees $ 4.42 03/03/04 Sent T Li1juAir) J3iLL,n t/ r7 Street,Apt No; - 17 or PO Box No 8 o a g /I mo tegw17, City,State,Z/P+4 ,`O P F.rm- :Is .n'. ir1 --R- -r -f. . rza. IINWerrle CERTIFIED MAIL RECEIP (Domestic Mail Only;No Insurance Cover., ovided m r MANCHCSTER)J CT- 0f60401 ZnL L— L� S Postage $ 0.37 UNIT ID: 0944 ru ri Certified Fee 2.30 Postmark p Return Receipt Fee 1.75 Here p (Endorsement Required) Restricted Delivery Fee Clerk: KTR[!3Y (Endorsement Required) 0 4.42 03/03/04 ,q Total Postage&Fees $ ul ru Sent To 6c- ry goY rz= r1 Street,Apt.No., or PO Box No �,Q g �j� teQ� {2c24D NCity,State,ZIP+4 t�• ee ee U:S. Post- CERTIFIED MAIL RECEIP r (Domestio'Mail'.Only;No.lnsurance Cover: ovided _o rn . - EAST MARION NY( 1 939 -1 C- `ii Postage $ 0.37 UNIT ID: 0944 ru a Certified Fee 2.30 Postmark Q Return Receipt Fee 1.75 Here O (Endorsement Required) Restricted Delivery Fee Clerk: KTR€3Y O (Endorsement Required) O 4.42 03/03/04 a Total Postage&Fees $ u'1 ru . SentTo cF,e p f _ Pii65-7v,4(ID -.1°W-1 I 2-1 f CEJ 24 1-- ,$77e-cf2lJ &Y E I=1 orPOBox No 6 City State,ZIP+4 sl>" r /9 3`�1 L.---A5-7799/0/2_)40).4/r P.$Form 3801 Janda" 2001 See Reverse for,ins - rtnx CERTIFIED MAIL °R E -ff 'Dorrtestic Mail Only;No Insurance Coverat ovided tr M r�% ( '' ( ri q int ? p EAST ARIONF NY 11939 A .- L J LC Postage $ 0.37 UNIT ID: 0944 ru Certified Fee 2.34 Postmark Return Receipt Fee 1.75 Here ED (Endorsement Required) Restricted Delivery Fee Clerk: KTRQ3Y (Endorsement Required) aTotal Postage&Fees $ 4.42 03/03/04 Ln -j Sent To F4`7ee' VCG_/1�Q2.Ltf2 o5?_fit_ l d✓ ✓fir_ U. a Street,Apt.No; CD or PO Box No. �CD en7z 3 . city,State,ZIP+4 G43, mro X210 rel 13 PS Form 3800,January 2001 See averse for Instruct on- { ADJOINING PROPERTY OWNERS - FEBRUARY 2004 -ENO POOL VARIANCE MAR 0 4 2004 VICKIE PAPSON 63 REVONAH CIRCLE ZONING BOARD oFAPP �us 11 STAMFORD, CT 06905 SCTM # 031-13-7 WILLIAM BILLMAN 8223 KIMOUGH DRIVE INDIANAPOLIS, IN 46240 SCTM # 031-11-14 BETTY GOYETTE 208 TIMROD ROAD MANCHESTER, CT 06040 SCTM # 031-11-12 FREDERICK PRESTON C/O JOSEPH & CAROL STROHMEYER P. 0. BOX 26 EAST MARION, NY 11939 SCTM # 031-4-30.3 FLORENCE MAZUROSKI & JEAN CASSARINO P. 0. BOX 303 EAST MARION, NY 11939 SCTM # 031-4-29 APPEALS BOARD MEMBERS -skIFFOL4, - � O ., C0'; Southold TownIfall Gerard P.Goehringer,Chairman ,r'0. no 4„..k. 53095 Main Road James Dinizio,Jr. ' ; P.O.Box 1179 Lydia A.Tortora Southold,New York 11971 Lora S.Collins .a0v 1r'1 ZTelephone Fax(516)765-9064 51b 765-1809 • George Horning •- - - - �.' tr.VP - P , (516) BOARD'OF•APPEALS TOWN OF S©ILJTIJOLD -FI[Nrly,ri S,,DELIBERA'tIONS_AND DETERMINATION - - - MEETING OF JUNE'7;1999• ' • Appi.No. 4689-MERLON,a rid TSABELTE WIGGIN - S STREET&LOCALITY: 10940 Main Road,East Marion WOO-314143 DATE OF PUBLIC,HEA NG:. May.20,1999 and June 7,1999. FINDINGS OF-FACT PROPERTY FACTS/DESCRIPTION: The applicapYs,property,i,a corner Jot located dn:the southerly side of the Main Road(Statet'Route 25) and the westerly'side of Truman's Path, in East-Marion. The property consists of a total lotarea of approximately one-half acre with 98.501-ft,frontage along the Main Road, and 221,90 ft.alongTrumantS Path(a private,traveled right-of-way). BASIS OF APPLICATION: Building Inspector's January 21, 1999 Notice of Disapproval citing Article pan,Section,100;2328 of-the, 'CQde with respect to a berm constructed under Building Permit#24893Z, for the reason that the berm exceeds the maximum height requirement for a front yard and for a corner lot of two intersecting roadways. Article XXIII,Section 100-232B states: B. On all corner Tots,berms,walls,fences and hedges or arty other potential obstruction to vision shall not exceed a height of,twd'ancf-one-half•(2 1/2)feet'above the average street level within an Isosceles triangle having thirty-foot sides along each street`to preseriie sight lines fort affic. . AREA VARIANCE RELIEF RE(tJESTED: Applicant requests a Variance for the berrq at approximately 36" from i fund,in-the area;,restflcted at 30 ft.from the intersecting corner of the property,in both directions. Applicant stabefi, that,the.reinaining-.portions,of the berm will meet the codes height limitation of 48" (maximum)within front yard areas on this corner lot. • INFORMATION AND I �UEIVCE'CONSID>:IIED•BYTI-IE BOARD: 1. Applicant has testified that although he originally constructed the berm in accordance with the Town Code requirement, the'Suffolk County Water Authority rebuilt the berm•as part of-a water main installation project. The rebuilt berm altered its original dimensions and height, which exceed the height limit and are the ubjectof this variance request. - 2. The Zoning Board•Chairman met at the site with the applicant to reach a compromise that would take Jrito1conslderatiori'-visualt and safetyfactors. The applicant has agreed-to reduce/amend his request, and the toning Board of Appeal's finds that the amended request is acceptable and reasonable. REASONS FOR BOARDACTION,I3ESCRIBED.BELOW: Based on the testimony and record before the Board and personal inspection%the,0oard makes the following findings: 1. Grant of the area variance;as amended;will not produce an undesirable change in the character of the neighborhood'or a-detriment to nearby properties because the revised/reduced berm will not have a `negative visual impact 9n the neighborhood or create unsafe traffic conditions. Page 2-June 7, 1999 ZBA App[.No.4689-M.&L Wiggin Parcel 1000-31-11-13 at East Marion • 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because after the berm was reconstructed by the Suffolk County Water Authority,it exceeded the Town Code's height requirement 3. The requested area variance is not substantial and exceeds the height limit by not more than 12 inches. 4. No evidence has been submitted or presented to indicate that the grant of an area variance will have an adverse impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created and is due to improper reconstruction of the berm by the Suffolk County Water Authority. In considering this application,the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a berm, while preserving arid.protecting the tharactet of the ' neighborhood and the health,safety,welfare of the community. RESOLUTION/ACTION:On motion by Member Tortora,seconded'by • it was RESOLVED,to GRANT the variance,as amended by applicant and described below: 1 1: The-berm shall.,be reduced to a maximum height of 30 inches for the first 16 feet of distance • (cominencing from the northeast corner of-the,property at the intersection) in both directiaris; and - - 2., The;berm shall be limited to its existing height for next7.2 ft. • - - - - .. (within the 30 its aopg�restricted.area)'at a.iiipdennm of 42 In • ( i D-•:A MID ;BY 3. The remaining portions of the berm shall not exceed the code THE SOU iHC;1 TOWN'CLE,., requirement at 48 inches along or within front property lines.. ° - reeDATE /io/.��/Hol :OSP/t( 4. Railroad ties shall be placed at a setback of 10 ropr-Iperty ,' � line with reflectors(on posts). ' , , <! -" 5. The land monument will remain in its correct.plaace(verified 1ya %Aim Clerk,'"town of Southo1a surveyor). • • 6. The existing tree limbs shall be trimmed to improve visibility. - • 7. The Board reserves the right to'inspect and ask for additional.maintenance(for compliance with the above conditions). ' Vote ofthe kiard:, Ayes: Goehringer,,Dinizio Tortora,,Horning. This Resolution was-dt ty,ADOIVED(4-0). (Member Coiliris'was absent:) - - - • •GERARDP..GOEHRI ER • - s • CHAIRMAN ' r r ` •• •• .� t' •1 1 t .. t -+1•.a{'tt.,,.;p:-11 t.F1;• 1 n:P h'ti•.+.FF.�.A..�s.t tR��4 'i+{nF 441•1,V`h1.441.3Fn S'TrtilSYV1K�'£ .L(u9VSiSi�S.�i�v� OFFICE OF =:T_ ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax (631) 765-9064 February 25, 2004 Re: Chapter 58 — Public Notice for Thursday, March 18, 2004 Hearing(s) Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) By March 5th: Please send the enclosed Legal Notice, with both a cover letter including a contact person and telephone number, and a copy of your survey filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (vacant or improved) which abuts and any property which is across from any public or private street from the property included in the application or petition. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (765-1937) and the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, name and address's noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) By March 9th: Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for at least seven (7) days; the sign should remain up until the day of the hearing. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) NOTE: The hearing will be delayed 2 months if your property is not posted properly. Please also deliver your Affidavit of Posting to our office on or before the day of the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff i1uTkiL oF a A public hearing will be held by the Southold Town Appeals Board at Town Hall , 53095 Main Road , Southold, concerning this property: NAME : M & 1 WIGGIN 5499 MAP # : 31 - 11 - 13 APPEAL : SIDE YARD LOCATION PROJECT: POOL DATE : THURS . MAR. 18 2004 11 :20 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 02/23/2004 10:36 6314770198 PAGE 01 • ZBA PAGE 01 02/28/2004 09:46 6317559064 ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (631) 765-9064 FAX Email: Lin•,.K•w:ls �►,T' . . . • ;t • •, s ;sica.Bo•er(u► • • • . i' • 4 • j : / uthol town. rth k, t TO: Mr, Wiggin FAX#: 411-0190 DATE: 2-23-04 PAGES: 0 to follow APPL OF: WMGGIN HEARING: Thursday, March 18, 2004 TIME; 11:20 AM RE: Please let me know If you are available at the above date and time for a ZBA Public Hearing in the big meeting room located at Southold Town Hail. Thanks, Jess ZBA fax#765-9064