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Home My WebLink About5772 APPEALS BOARD MEMBERS Ruth D. Oil'. a. Chairv,'oman Gerard P. Goehringer Vincent Orlando James Dinizio. Jr. Michael A. Simon Southold Town Hall 53095 Main Road · RO. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex/Fir:,t Floor. North Fork Bank 54375 Main Road I at hkmngs Ax enue ) Southold. NY 11971 http://southoldtow ri.north fork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax 1631) 765°9064 RECEIVED 2 1 2005 FINDINGS, DELIBERATIONS AND DETERMINATIOI~OUthOId TOWll Clerk MEETING OF OCTOBER 27, 2005 ZB File No. 5772 - MARY BUTZ Property Location: 2022 Hyatt Road, Southold CTM 50-1-21 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 33,119 sq. ft. parcel has 25 feet along a private right-of-way which extends 174 feet from Hyatt Road, and is improved with a single-family, two-story dwelling with detached accessory garage, shown on the site map prepared by Fairweather Brown Design Associates dated August 10, 2005. BASIS OF APPLICATION: Building Department's July 29, 2005 Notice of Disapproval, citing Section 100-33 in its denial of an application for a building permit to construct a proposed accessory swimming (lap) pool at less than 40 feet from the code-required front yard line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 20, 2005 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: The applicants originally requested proposed swimming pool as shown on the August 11, 2005 site map prepared by Fairweather-Brown Design Associates at 12.5 feet from the southerly front lot line, and 91+- feet from the top of the bluff. Rather than to submit a request for an additional variance under Section 100-239.4 (concerning the required 100 ft. minimum from the top of the bluff), the applicant, on August 25, 2005, filed an amended site map proposing the new pool greater than 100 feet from the top of the bluff (102'9"). The pool is also shown at 12 feet from the southerly front lot line and 11 '1" from the easterly side property line, at its closest points. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - October 27, 2005 ZB File Ref. 5772 - Mary Butz CTM 50-t-21 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The pool will be located in a fairly isolated portion of the yard. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is limited area to locate the pool due to the steep contour in the topography of this lot. 3. The variance granted herein is substantial. It represents nearly 70% reduction of the required front yard setback. 4. The difficulty has not been self-created. The topography of the property creates limited possibilities to locate an accessory pool, and the code requires a minimum of 100 feet from the top of the bluff. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming (lap) pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, shown on the August 24, 2005 site map prepared by Fairweather-Brown Design Associates, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The 16' x 36' swimming or lap pool shall be open to the sky (unroofed); and 2. The owner shall maintain the existing landscaping which naturally screens the yard areas. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, and Simon. (Member Orlando was absent.) This Resolution was duly adopted (4-0). ) Ruth D. Oliva, Chairwoman 12/*,~'-/05 Approved for Filing FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 29, 2005 TO: William German for Maw Butz PO Box 1447 Mattimck, NY 11952 Please take notice that your application dated July 26,, 2005 For permit for an accessory swimming pool at Location of property 2022 Hyatt Road, Southold, NY County Tax Map No. 1000 - Section 50 Block 1 Lot 2.._k Is returned herewith and disapproved on the following grounds: The proposed accessory swimmin~ pool, on this 37,000 sq. ft. waterfront parcel, in the Residential R-40 Distrtct, is not permitted pursuant to Article III, Section 100-33, which states, "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildines and structures meet the front-yard setback requirements as set forth by this code." The required front yard setback per 100-244, is 40' (Feet). The proposed front yard setback is approximately 12'(feet). Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, ma)' require further review by the Southold Town Building Department. CC: file, Z.B.A. &PPI,ICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS rarcelLocation: I[ouseNo.~Slrect ~&~ ~ Ilanllet SC?TM 1000 Section ~'~ Block I Lt, tls) 2-A, Lot ~izt._~, 5lailiug &- Anthorized Representative:_ Please specify who you wish cor~pondence to be mailed to, from the above listed names: ~ Applican~Owner(s} ~Authorized Representati~ e FOR: ~uHding Petit ~ Ce~ificate of Occnpancy ~ Prc-Certiticnle of (}ccnl}ancy D Change of Use D Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article ~ Section 100- '~...~ Subsection Type of Appeal. An Appeal is made for: ~ Variance to the Zoning Code or Zoning Map. El A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal El has ~as not been made with respect to this property LIN'DER Appeal No. Year _REASONS FOR .APPEAL (additional sheets may be used with applicant's signaturel: ..IR/~'.4 I ~ IRLq.YCF. RI:'. (I) An undesirable change will n(,t be produced in thc CII-\I~k("IER of the tteighborhood or a detriment lo Ileal'l}} properties if granted, Ilcc:ltlse: ~2} The benefit ~ou~ht by the applicant CA~NOT be achieved hy some methnd feasible fnr the applicant to Imrsne, t~tht'r th:m an area variance, because: ~V~U~ ~O~ ~ ~t~ (3) The amom~t of relief requested i~ not substanlial because: .(4) The variance ~ill NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or diMriet because: (5) Has the alleged difliculty been self-created? ( )Yes. or (Irrlq~o. This is thc lX, llNlblltl'~l lhat is necessal)' and adequate, anti at the same time preserve and protect the character i,f the neighborhood and the healfl~, sa fety~ and welfare of the commnnity. Check this hox I I IF A USE VAR1AIN(?E IS BEEN(; REQUESTED, AND PLEASE COMPLETE THE ATTACllI,'I} USF VAIHANCE SleET: (Please be sure to const~ yo~ttorney.) Signgfure of ~ppel~ or Authorked Agent LINDA S. T.~M~RT No. 4 Page 3 of 3 - Appeal Application Part B: REASONS FOR USE VARIANCE ('ff requested~: For Each and Every Permlffed Use under the Zoning Regulations for the Particular Dlslrlct Where the Project Is Located (please consult your attorney betore completing): 1. Applicant cannol realize a reasonable relurn/or each and every permlffed use under the zonlng regulations fo~ the particular dlslTIct where the properly Is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because** (describe on a separate sheet). /"J' l I~ 2. The alleged hardship relating to the properly Is unique because: 3. The alleged hardship does not apply lo a su,bstantlal portion of Ihe dls~icf or neighborhood because: 4. The request will not alter the esseniial character at the neighborhood because: 5, The alleged hardship has not been salt-created because: 6, Ibis is lhe minimum rellel necroseS, w~lle ~ the s~me limo preceding and protecting fhe chorocler al the neighborhood, ~nd the health, s~e~ and we)~ore o~ fhe~ommuni~. (Please explainonasepuratesheelffnecosso~.) ~ 5~-~ W~gt~ ~ ~ , 7. The spirit al the ordinance will be obse~ed, public sa~e~ and warfare will be secured, and substantial Justice will be done because: (Please explain on a separate she~ Jl necessa~.) (~'Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your aflorney.) Othe~lse, p!ea~e uroceed to th~ ~l~na~re and nola~ area below. Sl~af~ of~Ap~la~r Authorized Agent (Agent must submit Aufhoflzaflon ~om Owner) Sworn to be~ore me)hi, ~ '-.~..~ (Notary Publich EllA Apg To: Town of Southold Zoning Board of Appeals Town Hall Annex Southol& NY 1197l Fronl: William Gorman PO Box 1447 Mattituck, NY 11952 Date: August 5, 2005 Re: Front yard set-back variance for Mary Butz Tax Map #1000-50-1-21 To whom it may concern. Mary Butz resides at 2022 Hyatt Road, Southold, NY. Mary has arthritis in her knee. Her orthopedic surgeon has determined that frequent swimming would lessen the effects of arthritis and reduce her discomtbrt (please see attached statemenO. As Ms. Butz is not an accomplished swimmer;she cannot rely on the Long Island Sound to meet f-)?~'t/5,. her therapeutic needs; hence, ~,J6'.. zf~_p pool. / [, ~Y-3~' g~* ~'/,9'~[~ 1' i&,'O COfC~'J~ A lap pool would fit wi'(~: 'n ~e set-back requirements were it to be placed parallel with Hyatt Road (running north to south). However, this would be very disruptive to the property in sex eral ways: I. The vehicle entrance to the garage would be restricted--if not cut-off. 2. The septic tank and leeching field located in the driveway/parking area would need to be moved. 3. If the pool were placed parallel to Hyatt Road (within the allowable set-back) the pool would need to be elevated and the front yard would need to be re- graded. The re-grading would be so dramatic that it would alter the natural water run-off from the adjacent property to the east. Thc concern is that re- grading will create a funnel-effect and cause unnecessary, erosion to the bluff. We are requesting a Front Yard Set-Back variance pursuant to Article 111, Section 100-33, and are seeking a 28' relief. By placing the pool perpendicular to Hyatt Road (running east to west), the natural run-off of rain water is preserved, the septic tank and leeching field need not be disturbed, and access to the garage is unrestricted. Authorized Representative Ibr Mary Butz LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 29, 2005 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, September 29, 2005, at the time noted below (or as soon thereafter as possible): 1:20 p.m. MARY BUTZ #5772. Request for a Variance under Section 100-33, based on the Building Inspector's July 29, 2005 Notice of Disapproval concerning a proposed accessory swimming (lap) pool at less than the code-required 40 feet from the front lot line, at 2022 Hyatt Road, Southold; CTM 50-1-21. The Board of Appeals will hear all persons, or their representatives, desiring to be heard or desiring to submit wdtten statements, before the conclusion of each hearing. Each hearing will not start eadier than designated above. Files are available for review at 54375 Main Road (at Youngs Avenue), Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 2, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski 14'0.00 ' MAP FILED ,..,,~,'~,. t;z, l~ C~$E NO.. ~ o ~ BLDI;?'S ,.]Ol~ NO. 4--? ~ r,~ V' l~ l... V l~ . h Z O T A/~.5 ~5 f 7O JOHN CONDOiV hlhTTITUC/4 Condon Engineering, P.C. New York State Licensed Professional Engineer 1755 Sigsbee Road Mattituck, New York 11952 631-298-1986 Fax 631-298-2651 October 10, 2005 Ms. Linda Kowalski Board of Appeals Town of Southold Town Annex/First Floor North Fork Bank 54375 Main Road Southold, New York 11971 Regarding: Case # 5785 Dear Ms. Kowalski: This afternoon I delivered 7 copies of revised drawings and the odginal survey of my property in Mattituck. The drawings filed with the building department and currently on file in your office were based on a site plane that was filed when an addition was made to the building in 1989. That site plan does not agree with the original survey of the lot. The drawings were revised to reflect the location of the building as shown on the original survey. Please replace the original drawings dated 9-13-05 with the ones I delivered today. Thank you, OCT 11,2005 14:46 Condon 631-298-2651 Page Condon Engineering, P.C. New York State Licensed Professional Engineer 1755 Sigsbee Road Mattituck, New york 11952 October 10, 2005 Ms, L~nda Kowalsk~ Board of Appeals Town of Southotd Town Annex/First Floor North Fork Bank 54375 Main Read Southold, New York 11971 '1 OCr 1 ZOO5 [ 63t-298-1986 Fax 631.298.2651 Regarding Case# 5785 Dear MS Kowalski: This afternoon I dehvered 7 copies of revised drawings and the original survey of my property Matlituck. The drawings filed with the building department and currently on file ~n your office were based on a site plane that was filed whe¢ an addition was made to the budding in 1989. That s~te plan does not agree with the orig,nal survey of the lot. The drawings were revised to reflect the location of the building as shown on the original survey. Please replace the onginal drawings dated 9-13-05 w~th the ones I delivered today Thank you, .~o) { PI purr Cod you 434 Neu Sufi 126 of a dcbl D~ B the Par~ in f~ race date~ Lan,~ Rivo said look their affec H, lng ~ be a belie shox~ clout antio D~ Dens. bo;~ D~ est ~ COUNrry OF SUFFOLK STATE OF NEW YORK ss: Nancy M. Mclaughlin, being duly sworn, says that she is the Legal Advertising Coordinator, of the l'raveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of wb2ch the annexed is a printed copy, has been published in said Traveler }gatchman once each week for .... /.....week(s) su~essively, commengjng/on t~,,~. · d'.? ...... day of ~,p¥: ....... 20o~. , ~ //,fll~ I//. [d'/6~ ..... 2../:e.'.'..?'.- · · · .~.- ' ............... ,/ · ,/.~ da' of Sworn to befQre me thts ........ Y .... 200s. tary Public Emily Hamill NOTARY pUBLIC, State of inet* York No. 01HA$059984 Qualified in Suffolk Count~ Commission expires May 06, 2006 ~poke focus town indep Ri' Car& tioaoatlns4.15bsq,, ri lol Fac See Legals next page~ t.oHG sOUHD d-o-I-! i-3 I-,%. -¢ COUNTY OF SUFFC Red Properly fax Servi SOL iSLAND TOWN OF SOUTHOLD i~OPERTY RECORD CARD STRE~ 'ZO 2~-- S I M P. TOTAL VI LLAGE DISTRICT SUB. ^c,~ TYPE OF BUILDING FARM cOMM. I IND. CB. I MISC. DATE REMARKS LOT ...¢ ,¢_.c.(~ / .-' z ¢../? Z- ..~ ~ o o o NEW NORMAL BELOW Farm Acre Value Per Acre Zillab.le 1 Tillable 2 Value /0 Tillable. 3 Woodland Swampland Brushland --'1~ HouSe pi~"t Extension Extension Garage O.B. ~undetfon ' Basement Ext. Walls Fire Place Porch Floors Interior Finish ¢ Hea¢ z ~_~."" Attic Porch Rooms 1st Floor Patio Rooms 2nd Floor Driveway DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE January 27, 2006 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: 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 comrrassion 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) Lockwood, Lois Patricia Ingrilli, John & Jane Maloney, Paul Pollio, Anne Kropp, Anthony & Joanne Monaco, Andrew & Ann Butz, Mary Kubiak, Richard 5712 5734 5748 5753 5760 5769 5772 5780 Very truly yours, Thomas Isles, AICP Director of Planning CSW:cc M:~ZON ING~ZON ING\WORKING\CHRIS LD\aug\sd5680,sep.doc S/s Christopher S. Wrede Planning Aide LOCATION MAILING ADDRESS H. LEE DENNISON BLDG, - 4TH FLOOR P.O. BOX 6100 · (516) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER (516) 853-4044 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Januaw 19,2006 Mr. Thomaslsles, Director Suffolk County Depa~mentofPlanning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5772 (Mary Butz) Action Requested: Front Yard Setback Variance Within 500 feet of: ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By:. Enclosures APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jn Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 December 20, 2005 By Reqular Mail and Fax Transmission 734-6452 Mr. William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: ZBA File Ref. 5772 - Setback Variance (Accessory Lap Pool/Butz) Dear Mr. Gorman: With regard to the above application, please find enclosed a copy of the variance determination rendered by the Zoning Board of Appeals at the October 27, 2005 Regular Meeting. To assist in expediting reviews, you may want to furnish an extra copy of the enclosed determination when submitting a complete application to the Building Department for a building permit with all the required maps. Thank you. Very truly yours, Encl. Copy of Decision 12/20 to: Building Department Linda Kowaiski Mary Butz Tax Map # 1000~50-1-21 Southold Looking west along Butz / Cashy property line From inside proposed pool, looking north toward Cashy property Mary Butz Tax Map # 1000-50-1-2l 2022 Hyatt Road, Southold Looking north from parking area rom ~ns~t north toward Cashy property August 5, 2005 From: Mary Butz 2022 Hyatt Road Southold, NY 11971 To whom it may concern, William Gorman is authorized to act as my representative and/or agent for all Building, Planning and Zoning processes in the Town of Southold. Sincerely, PROJECT DESCRIPTION (Please include with Z.B,A. Application) Applicant(s):~0t'~. I. If building is existing and alterations/additions/renovations are proposed:. A. Please give the dimensions and ovdrall,square foot. age of extensions beyond exi~tin~ building: Dimensions/size: "~OOt..-.: 1~' ,g ,,e{.$'"' I ~[r~ .... ar~.~d J~¥[nl~10~ \ Square footage: '7..OD ~ ~k,J[ ..~ I~- u'2/.., i ~ 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 lmxd is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square i]ootage: Heig~? m. Prop%se and use of new construction requested in this application: IV. Additional information about the surro,,mding contours or nearby buildings that relate to the difficulty in meeting the code requirem~n~.'.~,sa2~ V. Please subnfit seven (7) photos/sets aRer staking comers of the proposed new construction, 7/02 Please note: Further change& after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the tnitial plans. If additional time is needed, please contact our office, or please check with Buildtng 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 snbject~premises listed on the real estate market for sale? [] Yes I~'No B~ Are there any~roposats to change or alter land contours? ID Yes C. 1) Are there any areas that contain wetland grasses? 2) Axe the wetland areas shown on the map submitted wit ~ th s application? 3) Is the property bulkheaded between the wetlands area and the upland building area'? 4) !fyour property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? __ /~E> Are there any patios, concrete barriers, bulkheads or fences that exist and are not shov, m on the survey map that you are submitting? ~JO (Please show area of these structures on a diagram if any exist, state none on the above hne, if applicable.) Do you have any construction taking place at this t/me concerning your premises? __JkJO If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? ~) the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel ~t}~(~l~~ '~lflt~ll.~4~ and proposed u~ ~ ~ ~ ~ (examples~ s~le~fa~ly; proposed: same with garage.) Au~e~ ~ ~d Date 2/05 If yes, please label ( ) 617,21 App~rtdix C State En~rpnmantal Quail02 Revi~ JHORT ENVIRONMENTAL A, gSESSMENT FORM For UWLISTED ACTION$ Only PART I - Proj eot hzformation (To be complete by Applicant or Project apomor) 1. Applicant / Sponsor 2. Proiect Hame 3, ProJbct tocatlor~: Municipality County 4. Precise location (Street address and road Intersections, prominent landmarks, etc. or pmvMo Chap) 5. la proposed action: {' ( )EXPANSION ()MODIFICATION/ALTERATION 6. Descdbo project bdefly: Amount of land affected: 8. Will proposed action comply with e;qsl~ng or other exlsdng land use restrictions:( ¥.)"WES ( ) NO it No, descdbe bdel~y: 9. Whal Is present land use in vicinity of project: (describe): li'~/)'~esldentlal ( )Industrial ( ) Commerdal ( )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 it Yes, list agency(s) arid permit/approvals: 11. Does any aspect of the aoUon have a currently valid permit or approval? I ( )YES ( ~')/NO If Yes, Iisi agency(s) and permlUapproval's: 12. As e result of proposed action, will ex, isling pemtit/approval require modification? ) YES ( ,~qO II Yss, tier agency(a) and permit]approvals: I certify that the.. information pro vlded above la true to the best of my kn, owledge Appllcant/,.fiponsorNamo:~,J~/../.,/~Jtl, t ~.1~1,'[~/0 ~"1~... Dale: ~,~/¢~t~e~'~ " the acrid e C d you are a state agency, complete the Coas al Assossmeni Fo~ before proceeding with this assess TRANSACTIONAL DISCLOSURE FORM APPL]~rBLE TO OWNER, CONTRACT' AND AGENT: 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 cooflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, nfiddle 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.) Variauce Special Exception *Other Approval or Exemption fi'om plat or official ~nap Change of Zone Tax Grievance *If "Other" name the activity: Do you personally (or throngh your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, man:iai:e, or business interest. "Business interest" means a business, including a pam~ership, in which the Tovn~ officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO ~ If you answered "YES", complete the balance of this form and date and sign where indicatetL Name of person employed by the To,xq~ of Southold: P,,) l~r Title or position of that person: /'") l p~ Describe that relationship between yourself (the applicant, agent or contract vendee) 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-corpdrate 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 Signature: //I /Y I~ Print Name." August 5, 2005 From: Mary Butz 2022 Hyatt Road Southold, NY 11971 To whom it may concern, William Gorman is authorized to act as my representative and/or agent for all Building, Planning and Zoning processes in the Town of Southold. Sincerely, From the driveway looking northwest From the driveway looking Mary Butz 2022 Hyatt Road From the south looking north over the driveway August 5, 2005 From: Mary Butz 2022 Hyatt Road Southold, NY 11971 To whom it may concern, William Gorman is authorized to act as my representative and/or agent for all Building, Planning and Zoning processes in the Town of Southold. Sincerely, Mary Butz FORM NO. 3 NOTICE OF DISAPPROVAL TO: William Gorman for Mary Butz PO Box 1447 Mattituck, NY 11952 DATE: July 29, 2005 Please take notice that your application dated July 26, 2005 For permit for an accessory swimming pool at Location of property 2022 Hyatt Road, Southold, NY County Tax Map No. 1000 - Section 50 Block 1 Lot 21 Is returned herewith and disapproved on the following grounds: The proposed accessor~ swimminE pool, on this 37,000 sq. ft. waterfront parcel, in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-33, which states, "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this code." The required front yard setback per 100-244, is 40' (Feet). The proposed front yard setback is approximately 12' (feet). Authorized Signature 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. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 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 August 19, 2005 Zoning Appeal No. 5772 Transmitted herewith is Zoning Appeals No. 5772 - Mary Butz - Zoning Board of Appeals application for variance. Also included is Application to the Zoning Board of Appeals; Reasons for Appeal; letter from William Gorman, authorized representative; Notice of disapproval dated July 29, 2005; Reasons for use variance; project description; ZBA questionnaire; Short environmental assessment form; applicant transactional disclosure form; authorization letter; six color photos and property survey. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/12/05 ZBA # NAME CHECK # AMOUNT TC Butz, Mary 0Nilliam 609 $400.00 5772 Gorman) ~ ~1 5 2005 TOTAL $4oo.oo Thank you. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 08/15/05 * * * RECEIPT * * * ReceiptS: 609 Transaction(s): 1 1 Application Fees Reference Subtotal 5772 $400.00 Check#: 609 Total Paid: $400.00 Name: Butz, Mary F 2022 Hyatt Road Southold, NY 11971 Clerk ID: BONNIED Internal ID: 5772 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application 'of (Name of Applicants) CT P rcel # 000- AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) .//_~ 7! , New York, being duly sworn, depose aha'say that: On the~day of~.~l~, ...~, i personally mailed at the United States Post Office in~~rk, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current own,~rs shown on the current assessment roll verified from the official records on file with the (v~ Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular fight-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this lb day of ~ ,200 J- ~~ ~o 'tary Public) PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the ......... owner namesandaddresses£orwhich~otices were3ua~lexiTTh~tflc yoU.~ ................ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the~Matter of the.~f, pplication of (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- / COUNTY OF SUFFOLK) STATE OF NEW YORK) ..~ ,', ~ ~ residing at ~,~x_~-'- t~,-~=~~at~ r..~L.~:~, New York, being duly sworn, depose-and say that: On the ~ day of ~ . 0_0_0_0_0_0_0_0_0_~, I personally placed the Town's official Poster, with the date of hearing and hature of my application noted thereon, securely upon my property, located ten (1 O) feet or closer from the street or fight-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 }even days prior t_.%o tl~;at date of the subject hearing date, which hearing date was shown to be _3~t ~ q,. Z),.~-~ . (Signature) Sworn to before me this day of~c,'x~e~-, 206 *near the entrance or driveway entrance of my property, as the area most visible to passersby. USE AFFIDAVIT OF MAILINGS · New York, being duly swom, depose and say that: On the ~ day of~S~- ' .._~, I personally mailed at the United States Post Office in~ork, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owpg'rs shown on the current assessment roll verified from the official records on file with the (D Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or priv,~te street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this 200% PLEASE list, on the back of this Affidavit or on a sh6et of paper the lot numbers next to the ownernames and addresses for which notices werema/led; Th-a:nk you. July 28, 2005 TO WHOM IT MAY CONCERN: James N. Gladstone, MD Leni & Peter W. May Department of Orthopaedics The Mount Sinai Medical Center One Gustave L. Levy Place, Box 1 I88 New York, NY 10029 Tel: (212) 241q645 Fax: (212) 427-0208 Re: Mar3? Butz I write on behalf of the above patient. I am a surgeon at Mount Sinai Hospital in New York City with a specialty in arthritis. Ms. Butz lives at 2022 Hyatt Road in Southhold, New York. After examination, I determined that Ms. Butz has a serious medical condition affecting her fight knee. She has a tom meniscus and arthritis in the knee. I have administered a series of injections to alleviate this condition. She is likely to need further treatment. I have advised Ms. Butz to swim on a regular basis as the best exercise for her medical condition. Having access to a swimming pool is a matter of medical necessity for her condition. Should you require additional information, upon authorization fi.om the patient, please contact my office. Siflcerely, James Gladstone, MD Assistant Professor Orthopaedic Surgery Mary Butz PO Box 1288 Southold, NY 11971 October 25, 2005 Chairperson Ruth Oliver And Members of the Zoning Board of Appeals Town of Southold Southold, New York 11971 Dear Chairperson Oliver: The Zoning Board of Appeals recently considered my request for a variance to build a lap pool on my property at 2022 Hyatt Road in Southold. I made this request because ora severe medical condition (avascular necrosis). The original request was for a pool that was 45 feet long by 16 feet wide. Because of what I believe was a misunderstanding, the length of the pool was reduced to only 36 feet, If possible, I would request reconsideration and your permission to increase the length of the pool to 40 feet, which would make the pool appropriate for swimming laps. I do not wish to burden the Board and would prefer to avoid any additional hearings. I hope you find it possible to grant my request for an additional four feet on the length of the pool. p.1 To: Chairperson Ruth Oliver and Members of the Southold-Town Zoning Board of Appeals From: Mary Butz ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application 'of (Name of Applicants) CTM Parcel #1000- ~(D - [ -,2.1 AFFRAY% OF MAIL~GS COUNTY OF SUFFOLK) STATE OF NEW YORK) , New York, being duly sworn, depose and say that: On the_.~d,~, y of~P_~U ~k~ , I personally ma/led at the United States Post Office in, _~-~__~-~r~~;rk' by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to c .ur[ent owners shown on the current assessment roll verifi _e,~[ fro~th¢~official records on file w~th the (d) Assessors, or ( ) County Real Property Office.C'~l~[{'l,d~d,,~ T~ t 0//.z for every property which abuts and,is across a public or privql, e street, or vehicular right'-of-way of record, surrounding the applicant s property. Sworn to before me this / day of ~ , 200~' (Signature) ~vit or on a sheet of paper the lot numbers next to the mfices weremailed;~l'l~tflc you. - ............. Tola/p Ruth D. Oliva, Chairwoman "~/'~ta'~7~)'- September 26, 2005 The Zoning Board of Appeals SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road (P.O. Box 1179) Southold, NY 11971-0959 Dear Ms. Oliva; I have received a notice that on September 29, 2005 at 1:20pm you will consider the request for a variance #5772 by Mary Butz regarding a swimming pool at 2022 Hyatt Road, Southold. I am the immediate neighbor to the northwest, having purchased the property of Harry Cashy and Mafia Misthos Cashy (1900 Hyatt Road) last year. Accordingly, the proposed plan places the pool 11 feet from my property line. Although I am unable to be present at the hearing of this application, I would like to respectfully communicate to you my concerns regarding this matter. Although I do not right out object to the pool, I would like you to consider the following: 1) In the entire Hyatt Road area there has been no approval for a pool and in fact when the previous owners of my property applied for a pool, the permit was disapproved. 2) I consider the distance of 11 feet between the proposed pool and my property line as too close. This can create a dangerous situation given that we have 3 small children (2, 4, and 6 years old) who may get hurt or drown. 3) Since the area is right next to the water and each house has dry wells, water reservoirs and septic tanks, destabilization of the ground from the pool-related construction and communications of these structures is concerning to me. 4) The noise factor related to the pool in an area that deer and rare birds are getting shelter should also not be tmderestimated. I hope you do take all these factors under consideration when you consider the application for a pool and the location of the pool within the property of Ms. Butz. Georg~ D. Dangas, MD (mailing200 E 90 Street, 24E, New York, NY 10128) From: Guy Hendel To: Chairwoman ZBA R~th D. Olive ~/ September27,2005 Attn Ruth D Oliva~ Chai~oman Zoni;g Boar; of Ap~als Town of Southold 53095 Nain Road P,O, Box ~79 5outhold, NY Z[97~-0959 Date:el2712005 RE: Mary Butz #5772 Hearing on Thursday, Sept. 29, 2005 at 1:20 PM 138 PM Page 2 of 3 Dear Board, As I am not able to attend the midday, workday meeting regarding this matter, I ask that you read this letter into the record. As a neighbor at 1800 Hyatt Road, ! have some concerns about the application for variance that ! would ask the Board to consider. Above all, what I and every other person looks for is a ruling that is fair and consistent. I understand that Ms. Butz has cited health reasons for installation of the pool, as noted in Ms. Judge's note of support. While I would not deny Ms. Butz or anyone else their right to install systems that would improve her health, I do ask that the Board balance that need with the health of the bluff and the integrity of the town's building code. I mention the health of the bluff for several reasons. The main reason is that just three years ago, Ns. Butz, Ms. Ravitch. Ms. 3udge, Mrs. Toedter, myself and other concerned neighbors vigorously fought a variance for a pool at 1900 Hyatt Road (formerly the Cashy property). The pool that Ms. Butz is seeking permission to build would be almost the same distance from the bluff line as that proposed pool would have been, and it would be just as close to the property line at 1900 Hyatt Road as the Cashy's proposed pool would have been. In that case, the Board voted unanimously to deny the variance. And many of the same issues brought up in that case I would think must come into play here - disturbing the bluff with digging far within the 100 foot setback; the danger of leaks disrupting the soil and entering the ground water, especially given that the septic system and pumps lie so close to the proposed pool. These are all concerns, among others. With regards to integrity of the building code, on Ms. Butz's half-acre property the bluff line - the coastal erosion hazard line - has not only been built close to, but has been built over. The line, as per the map on file and as ! discussed with the Southold Town Bay Constable last year, goes under the house's main deck. And the property received a variance in the past to build a bulkhead and hot tub, not just near the bluff line but over it. The question needs to be asked, "How many variances and exceptions can one half-acre property receive, especially in such an environmentally sensitive area?" Isn't the building code intended to prevent too much construction and disruption on such a lot size? J From: Guy Hendel TO: Chairwoman ZBA Ruth D. Oliva Date: 9127/2005 31me: 12:58:38 PM Page 3 of 3 Page 2 ! fear that granting a variance in such a case will set a precedent and that other property owners along the bluff - many new owners - will look to this decision as a right to go ahead to do more than is prudent. We've seen that reaction in the cutting of trees at and beyond the bluff line. One property went beyond Town and NYS DEC code but was not penalized. Now look at the bluff - from both the beach side and the topside from Mcabe's Beach to Horton's Point - and youll see tree cutting and clearing that worries many about the long- term integrity of the bluff. Again, ! feel for Ns Butz and her health issues. But [ also feel that there must be fairness and consistency in your decision for the good of Ns. Butz, her neighbors and the bluff itself. As a NYS DEC agent once told a neighbor, "You do not really own the bluff. You are and need to act as stewards to help preserve this resource." Unfortunately, individual people often act on selfish motives and lose sight of the big picture. !, and others, look to the Board to help extend the sense of stewardship across property lines and be sure that if a variance is granted in this sensitive area, that it is proper for the property owner, the neighbors and the town, and that this one ruling can stand the test of others trying to use the granting of this variance as a means to do things that are not in the best interests of the community and the bluff. ! guess you can sum this up as saying that ! am neither for nor against the application for variance. I understand and sympathize with the reasons for the application. ! trust that the Board will make a fair and consistent ruling. However, ! would say that 1 could be in favor of this application on two conditions that would extend the doctrine of fairness and consistency that ! speak so much of. Those conditions would be: 1. That in exchange for the granting of variance of the pool, that the hot tub that sits beyond the bluff line be removed and the area replanted, and 2. That the property owners of 2022 Hyatt Road revoke, in writing, their opposition to any application for variance with regards to building a pool at 1900 Hyatt Road in the future. To me, that would be fair and consistent. With these two conditions met, then ! could whole-heartedly support the current application for variance at 2022 Hyatt Road. Sincerely, 1800 Hyatt Road Southold, NY 11971 631-765-3137 Date: 9/27/2005 Time: 12:58:38 PM Page 1 of 3 From: Guy Hendel To: Chairwoman ZBA Ruth D. Oli~a :FAC'SIMILE COVER PAG To: Chairwoman ZBA Ruth D. Oliva From: Bill Toedter Sent: 9/27/2005 at 12:47:30 PM Pages: 3 (including Cover) Subject: Mary Butz #5772, Application for Variance - Sept 29 Hearing Dear Ms. Oliva, As I will be unable to attend the workday, midday meeting of the Board on Thursday, Sept. ;29 to hear comments on this application -- Mary Butz #5772, 2022 Hyatt Road, Southold, NY 11971) -- I ask that you and the Board read this letter into the record. Thank you, William Toedter 1800 Hyatt Road Southold, NY 11971 OFFICE OF ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 SoUthold, NY 11971-0959 http://southoldtown.north fork. net (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET DATE: ~ / A '~ /2005 MESSAGE: {/~ Correspondence or related attached regarding the above for your information, Thank you. Pages attached: x/~ ~halrperson Ruth Oliver ' ~. ~ Southold Zoning Board of Appeals ~? Town Hall PO Box 1179, Southold, 11971 Dear Chairperson Oliver, I am writing to say that we support the request of our neighbor, Mary Butz of 2022 Hyatt Road, for a variance so that she can build a lap pool for her health. We are her neighbors directly to the north at 2000Hyatt Drive. Yours T~v_.~ ~ ~'~'-c,~ Diane Judge & Peggy Hadley / POBox 1702, Southold, N.Y. LEGAE/~O~TiC E SOUTHOLD~y~ ZOn- ING BOARD ~[~PPEALS TI-~RSDAY, ~OB~-20, 2005 P~L~A~ NOTICE :~ HE,BY G~N, p~ Section ~7 of ~e To~ La~ ~d C~ 100 (Zomg), C~e of the To~ of Sou~ol~ ~e follow~g pub, lic bergs will be held by ~e SOUTHOLD TO~ BO~ OF ~PE~S at ~e To~ ~l. 53095 Main Road, P.O. Box I179, Southold, New York 11971-0959, on THURSDAY, ~, at ~e time noted ~low (or as soon ~ere- a~er as possible): 9:00 a.m. JO~ ~d ANTO~ETTE ROBERTSON g5776. Request for a V~ce ~der Section 100-33. b~ed ~ · e Hulling ~spector's Aunt ~ ,'~005 review dete~fio~. ~e'~ea- son stated for &sapProv~g ~e bulldog ~it appiicatitn is, that a~er cons~i0a 6f the ~orOposed ~ad~tions, a noncon- ~ce will be erea~d for ~e ?ide y~d placement of~e exist- mg accesso~ g~ge ~res~tly in the code-defined re~ y~d). Location: 1350 Marlene L~e, Ma~imck; CTM 1~-2-37. 9:05 a.m. THO~S~ER- SON g5782. Request for a Variance under Sections 100- 242A ~d 100-2~, based on ~e Building Inspector's August 25 20 ' ' ~- ' 05 Nottce of D~sapproval for proposed addition with alter- ations to the existing dwelling which is less ~an 50 feet ~om · e rear tot line. ~e proposed addition to add a pa~ial sto~ will consti~te ~ ~cre~e in ~e degree of nonconfo~ance. Location: 1240 Love Lane, Ma~imck; CTM 140-1-23.1. Zone Dis~ct: Marine II. 9:10 a.m. RO~ WATRO- BA g5774. Request for a V~ce ~der Sec~on 1 based on the Building Inspector's August 9, 2005 Notice of Disapproval, for a pro- ~osed addition at less ~an 35 teet ~om ~e ~ont lot line, at 775 Midwood Road (~a 70 Pinewood Road), Cutchogue; CTM 110-247. See Legals next pagel~ l, Le~ from preceding page 9:15 a.m. RICHARD and MARIE SCHULKEN 5771. Request for a Variance under Sections t00-242A and 100- 244, concerning proposed addi- tions and alterations at less than 10.feet on a single side yard and less than 25 feei for combined side yard tota, and l,ot c~o~erage n excess of the code s 20%/im- itation on this 4,158 sq. ft. Int. The new'construct/on will con- stitute a new nonconformance and increase the degree of exist- ing nonconformance. Locat on: 10435 Pecnnic Bay Boulevard Mattituck CTM 144-1-24· 9:20 a.m. RICHARD KUBI- ~K #5780. Request for Relief from ZBA Conditions ~ndered WlI/1998 under Appeal No. 3696, based on Seje~ion 100- ~2~9.~4B ~formerly' 1jgt0_119.2) to authorize conversidn of a nor- tion of the existing open deck into additional living area, at 50 Willow Print Road. Southold; CTM 56-5~25. 9:30 a.m. BENEDICT POL- LIO #5753. Carryovtr from 8/18 and 9/29 calendars· Request for a Variance, based .on the Building Department s March 22, 2005 Notice of Disapproval concerning an addi- tion to an existing dwelling. The reason for disapproval is that Section 100-3lA states that "no building or premises shall be erected or altered which is arranged, intended or des gned to be used, in whole or in part, for any uses except ... (1) Qne- family detached dwellings, not to exceed one dwelling on each lot. The new construction is proposed on a lot which contains more than one dwelling· Location of Property: 445 Kimogenor Point Road, New Suffolk; CTM li%10-1. 9:40 a.m. PAUL MALONEY #5748. Request for a Variance under Section 100-33, based on concerning a new accessory garage proposed in a front yard at less than 40 feet fi'om the code-required front lot line, at 1020 Goose Creek Lane, Southold; CTM 78-8-3. 10:00 a.m. THOMAS DeMAGGIO #5758. Request for a Variance under Sections 100-242A and 100-244, based ~un the Building Department's ne 30, 2005 Notice of Disapproval concemin~ a new addition which wilt create a new nonconformance and/or increase the degree of nonconformance when located at less than 10 feet on a single side yard, at 735 Smith Road, Peconic; CTM 98- 4-8· 10:05 a.m. ANTHONY and JOANNE KROPP #5760. Request for Variances under Sections 100-33 and 100-244, bnaSed ,on the Building spector s July 12, 2005 amended Notice of D sapproval concerning: (a) proposed'addi- tions and alterations at less than 15 feet on a single side yard; (b) proposed construction of a new accessory shed with new height, replacing the existing shed, and construction of a new accessory garage/shed in a loca- tion at less than the code- required five (5) feet. Location of Property: 360 Riley Avenue, Mattituck; CTM 143-5-8. 10:15 a.m. PAUL and LINDA ZENESKI #5767. Request for a Variance under Section 100-33, based on the Buildin~ ~spector's July 13, 2005 Nntlo~ proposed the side ard in partiall Y stead of the rear yard at 365 Jasmine Lane, Southold; CTM 70-t-6.3. 10:20 a.m. ALFRED and MARY KNAPP #5761. Request for a Variance under Se&ion 100-33, b, ased on the Building Inspector s May 13 2005 Notice of Disapproval, for an accessory carport proposed in a front yard instead of the code-required rear yard, at 3120' Soundview Avenue, Peconic; CTM 684-9. 10:25 a.m. ANDREW and ANN MONACO #5769. Request for a Variance under Section 100-239.4A based on cerding deck construction, open to the sky, and outside additions with shower stall, as-built at less than 15 feet on a single side yard and less than 35 feet for com- bined side yards, at 1435 Vanston Road, Cutehogue; CTM 111-4-13. h20 p.m. MARY BUTZ #5772. Request for a Variance under Section 100-33, based on the Building Inspector's July 29, 2005 Notice of Disapproval con- ceming a proposed accessory swimming (laP) pool at less than the code~required 40 feet fi.om the front lot line, at 2022 Hyatt Road, Southold; CTM 50-1-21. the July 11, 2005 Building 1!30 p.m. PETER SABAT Inspector's Notice of #5763. Request for a Variance Disapproval, concerning a pro- under Section 100-244, based on posed deck addition at less than 100 feet from the top of the bank or bluff of the Long Island SoUnd. Location: 65 Aquaview Avenue, East Marion; CTM 21- 2-1. (Prior conditirns are also noted under ZBA No. 4085 for limitations ,on the bluff setback for constm~fiun.) 10:35 a.m. MARGARET TRAVIS RADACINSKI #5770. Request for a Variance under Section 100-244, based on the Building Inspector's August 11, 2005 Notice of Disapproval, concerning deck additions to the existing dwelling at less than 40 feet from the front lot line and less than 50 feet fi.om the rear lot line, on this 21,484 sq. ft. comer lot. Location of Property: West Side of Sound Road and 69435 C.R. 48 at intersection with NYS Route 25, Greenport; CTM 35-1-8. 10:45 a.m. THEODORE HARRIS #5773. Request for Variances under Sections 100-32 and 100-242A, based on the 2B~gl~din~g~ Inspector's April 27, u.~ ;qotme of Disapproval, concem~ng proposed additions ~nd alterations with an increase ~n the degree of nonconfor- mance when located less than 60 feet from the front lot line, at 3805 Alvahs Lane, Cutchogue; CTM 101-2-24.4. 10:55 a.m. ALBERT and BARBARA REIBL1NG #5775. Request for Variances under Sections 100-30A.3 and 100- 244, based on the Buiding Inspector's August 3, 2005: Notice of Disapproval concern- ing a proposed addition and alterations to the existing dwelling on this 8 712 sq ft lot, which w ncrease the degree of setback nonconformance when located less than 35 feet fi.om the rear properly line, and under Section 100-239.4B for new construction at less than 75 feet from the bulkhead. Location of Property: 75 Island View Drive, Greenport; CTM 57-2-32. 1:10 p.m. MARIA TRUPIA #5768. Requests for: (a) Special Exception for a two- family dwelling tinder Section 100-3lB, and (b) Lot Size Variance under Section 100-32, dBwUlk ~chedule, for a two-fanfily elhng on a lot containing less than 80,000 ~quare feet. In the event a variance and special exception is not granted, author- ization is requested for occupan- cy in a unit of the existing dwelling to care for family member(s) altered and enlarged for separate living floor area accessory to the single~family dwelling. Location: 105 Brower Road, Mattituck; CTM 107-8- the June 24, 2005 Notice of DisapProval concerning a deck, open to the sky, with gazebo addition to the existing single- family dwelling, as-built in a locatton .less than the code- required 35 feet from the rear lot line, at 4895 Peconic Bay Boulevard, Laurel; CTM 128-1- 17. 1:40 p.m. JAMES an~ DENISE MARTIN #5742 Request for Variances unde: Sections 100-33 and 100-231 based ,on the Buildin~ Inspector s August 3, 200~ amended Notice of Disapproval concemmg: (1) the proposer location of a tennis court at les~ than 60 feet from the front lo line, and (2) proposed tetm~ court fencing wi~ ch will exceet he code s 4 ft. height limitatior wheu located in a front yard ant will exceed 6.5 ft. height limita. tion when located in a side yard Location: 1695 Meadow Bead Lane, Mattituck; CTM 116-4. 31. 1:45 p.m. MARY R RAYNOR #5711. Request fo Variances (plans amende( 9/28/05) under Sections 100 242A and 100-244, based on th~ Building Department's amende( July 14, 2005 Notice o Disapproval, concerning neu first floor foundation construe tion, new second-story addition and new deck increasing th~ degree of nonconformance a: Drop~Ssed with side yard set hacks at less than 10 feet, les: than 15 feet on the remainint side, and with lot coverag~ exceeding the code limitation o 20%, at 575 Beachwood Road, Cutchogue; CTM 116-4-2l. 2:25 PM RE-HEA~RING (to reconsider ZBA decision ren- dered May 12, 2005), in the Matter of the Application of W. · BRUCE and MARY ANN BOLLMAN #5680. Request for Variances under Section 100- 244, based on the Building Department's February 3, 2005 Notice of Disapproval, concern- ing an application for a building permit to substantially remove or demolish existing dwelling, and to construct a new single- family dwelling: (l) at less than 10 feet on a s~ngle side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation ol 20 percent, and (4) at less than 75 feet from the bulkhead. Location of Property:' 1755 Trumans Path, East Marion CTM 31-13-4. 2:50 p.m. JENNIFER B GOULD #5781 concernin premises owned by W. BRUC~ and MARy ANN BOLLMAN. This is an Appeal to revoke the 34. Zone: R--40 Residential. Decisions of the Building 1:15 p.m. PETER IZZO Inspector to issue Building #5765. Request for Variances Permit No. 31232-z dated June ffolk, distance from the main dwelling .~"100se: any and all lawful of~10 feet instead ofthc required !vities.: ;~ 20 feet: ,S~ designated as agent of 8215 p.m., prevailing time, ;C upon whom prOcess Appeal NO. 05-101, Appeal of dnst it may be sexved. SSNY Daniel Calabro, 705 Roanoke ill mail copy of process to: Avenue, Riverhead, New York 6 Carleton Avenue *.asr Islip, NY 11730 6X 9/29, 10/6, 10/13, 10/20, 10/27, 11/3/05 (117) PUBLIC NOTICE 'ursuant to Section 267 of the wn Law, a Public Hearing 11 ·be held by the Zoning ,ayd of Appeals of the Town of verbead SUffolk C0nnty, New rk on October 13, 2005 at the vethead Town Hall, 200 iwell Avenue, Riverhead, ,'w York not before the time )wn below on each of the fol- Vin~ appeals: !!45 p.ni., prevailing time; !peal No. 05-95, AppeaI Of ~[ogelo & J0ann C, arnso;. 3 [g~oh Court, Rivcrhe~d New ,rk:for a variance to Chapter 8, ~ti~n 108'~203 of the ~d~ bf the~ To~:0f Rivethe~, lues.tingpermissi0n to erect a ~g pool having a side rd abutting a Side streef of 20 .'t instehd of the required 60 ~250 p.m. prevailing time >Peal No. 05~96 Ap-peat Of n & Donna La Yaile, 46 Little ~y goad; Wad~g River, bleW ,i'k ~' for'¥ariand~s tO Chapter ~8i Section 105r~7 o~ the cbde ' the ToW~~ of l~iverh~ad, iUesting permission tO erect a olhaving a rea/yard depth of fee~instead of the recfnired 20 ~t and a Shed hhving a rear rd depth of 10 feet and a side rd width of 5 feet instead of ~ f~quired 20 feet:eaCh and3 ~,t from a proposed pool ;tead 6f the required. 10 f~et. r255 p.m., prevailing time, ~peal No. 05-97, Appeal of ~ber~ '&-Toni Fahst, 321 illiams Way, Baiting Hollow, :W York for a variance to mpter 108, Section 108-26.2 the C0de of the To~ of Verhe?d re§U-esfmg permis- mt~ alter h d~wetllng~o 'that ~. ~ht yard dePth Wili be 35 ~ ]fi~ead Cf the requirgd 40 :Chapter 108, :fithtions - Dwelling, Two- ..mily, the question being ~}ther a two family dwelling ty be detached buildings, fail- ; that a variance to Section 8~12 B, requesting permission add an apartment over an isfing detached garage, there- creating two Single family ;idefices on the sub]ect Prem- ~: !0 p.m., prevailing time, >peal NO. 05,100 ApPeal of l~les Lennig 109 Sound !~ Wading River, N~W' York ?.~ v~ance to ChaPter t08 Ctinn 108'20 of the Code of for a variance to Chapter 108, Section 108-51 of the Code of the Town of Riverhead, request- ing permission to reinstate the prior use of a food market/deli/grocery store. All appeals adjourned to this date will be heard prior to those listed above. Any 'person desiring to be heard on the above mentioned appeals should appear at the specified time and place. MARTIN KELLER, CHAIR- MAN, ZONING BOARD OF APPEALS 1X 10/6/05 (119) NOTICE OF FORMATION OF LIMITED ~ LIABILITY COMPANY. NAME: RGJ REALTY LLC. Articles of Organization were filed with the Secretary of State of New York (SSNY) on 09/22/05. Office location: Suffolk County. SSNY hasbeen designated as agent of the 'LLC upon whom process against'it may be served. SSNY shall mail a copy of process to the LLC, ~ c/o John R. 'Montecaivo, Post Office Box 460 Spe6nk New York 11972. ~oSe: For any lawful pur- pose· 6X 10~6, 10/13, 10/20, 10/27, . I1/3, 11/10/05 (120) NOTICE Pebble Beach Farms Lot Owners Association East Marion, New York 11939 will clo~ its marls from Tuesday, October 11. at 8:00 a2m. until wednesday; October 12, 2005 at 8:00 a.m. The road closing will be suPervise~}('~ 10/6/2005 (121) NOTICE OF PUBLIC HEARING TOWN OF R1VERHEAD TY DE P- MENT AGENCY TOWN OF RIVERHEAD. SUFFOLK COUNTY. NEW YORK NOTICE IS HEREBY GIVEN that the Members of the Town of · R~vcrbead Community DeveioPment Agency, Town of giverhead, Suffolk ~onnty, New Yolk (the "Agenc~ '), will meet~ at the Town of PAverhcad Town I-Ial~,: 200 Howell Avenue, in ~erbead New York in said Town on October i8, 2005 at '7~0 p.M;, Prevailing Time, for thepurpose of conducting a pub- lic hc~g on whether Culinary Arts Rivethead LLC should be desi'gnated the "qualified and eligible sponsor" for thc rede- velgpmant of the following four I~roperties located on East Main street and Roanoke Avenue in the Town 0f Rivethead: property formally known as 14 East Main Street (SCTM 0600-128.00- 106.00~53;000); property formal- y part of the Riverhead Parking District No. 1 (SCTM 0600- 128.00-06.00-66.003); Property formally known as the Rimland Buildfug (SCTM 0600-128.00- 06.00-50.001) and property for- really known as the Suburban Furniture Building 0600- 128~00~06.00-5 L000; (here- inafter collectively referred u~ as "the Property")"that had been acquired and assembled by the Agency for transfer to Swezey- Riverhead Holding LLC in con- nection'with a proposed urban renewal project known as the ~qWezev ~'- Proieef' and in eon- R, 21 C fc P~ St b* S C e r $ COUNTY OF SUFFOLK STATE OF NEW YORK ss: Nancy M. Mclaughlin, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler ~atchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the am~exed is a printed copy, has been published in said Traveler Watchman once each week for....I./ ....... week(s) [, successively, co~[ike~_cia~ on the....k{J. .......... day of ....U. LT0..tT..k. ........... ,2005. .~.~.o he, fore me this..~ ..... day of 200s. Notary Public Emily Hamill NOTARY PUBLIC, State of New York No. 01 HA5059984 Qualified in Suffolk Counly Commission expires May 06, 2006 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: BUTZ, MARY #5772 MAP #: 50-1-21 APPEAL: Variance-Lap Pool REQUEST: Setback DATE: THURS., SEPT. 29, 1:20 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ACTION 01o THE ZON~g6~ BOARD OF AFFEALS Appeal No. ~6~ Dated. ,~1~ 1~ ~7~ Appelhu~ the appe~ 1. SI~ECIAL ]/IXCEPTION. By r~solution oi the Bocci it was de~in~ ~at a sp~ ~cepfi~ ( ) be ~t~ ( )be d~ed Pur~t ~ ~tide .................... Section .................... ~b~ .................... .................... ~ the ~ing O~e ~d ~e d~ of ihe B~ ~r ( ) be ~v~ ( ) be aeed~ ~h ~ ~e a~ ~ 2. VARIAAIcE. t~y resolution of the Boa.rd it was determined thai (a) Strict application of the 0rdizmuce (would) (would not) hardship because practical diffiv~lti~ or unnece6sary (b) alike in the immediate vicinity of this property and in the same use district because (c) The variance (does) (does not) observe the spiri~ ~ the Ordinance and (wov. ld) change the character ot the district because The hardship created (is) (ia not) unique and (would) (would not) be shared by alt properties (would not) and therefore, it was further determined that the requested variance ( ) be grsnled ( ) be denied and MAIN ~BAD- STATE I~OAD 25 SDUTHEILD, L.I.. N,Y. 11a971 TELEPHONE (516) 765-180@ ACTION OF THE ZONING BOARD OF APPED-LS Application Dated June 17, i982 TO: Vera Gretchyn Marino, Esq. One Denton Road Kings~Point, NY 11024 [Appellant(s)] At a Meeting of the Zonin? Board of Appeals held on.~July 17, 1982~ the above appeal was conszdered, and the action indicated below was taken on your IX] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a ~ ] Request for Special Exception under the Zoning Ordinanc~ Articl~ , Section I ] Request for Variance to the Zoning Ordinance Article , Section Request for The public hearing on this matter was held on July 8, 1982. Upon application of VERA GRETCHYN MARINO, One Denton Road, Kinqs Point, NY 11024 for a Variance for Approval of Access, New York Town Law, Section 280A, over a private right-of-way located off Soundview Avenue and referred to as "Hyatt Road - Private Road No.. 18," Southold. Loca- tion of Property: 1925 Private Road No. 18, Southold, NY; bounded north by Neslage and Private Road; west by Lindmeyer; south by L.I. Sound; east by Reise; County Tax Map Parcel NO. 1000-50-1-20. On motion by Mr. Goehringer , seconded by Mr. Grigonis, it was RESOLVED, that the following determination is hereby adopted concern- ing the application of VERA GRETCHYN MARINO in Appeal NO. 3006: Based upon evidence and statements made by HOward Terry, past Buildin~ Inspector of the Town of Southold, this has been considered an "Open Devel( ment Area" established by the Tov~ Board on December 19, 1957 and from whic building permits have been issued in the past, no. action is required. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis~ and Sawicki. (Absent were: Messrs. Doyen and Douglass.) ./ ,.... APPEAL FROM .~_ t, (We) ............................ · ............................. ~o ...~ ....... N~e oJ ,Appellant ~;~' ~'~ Numar ..... ....... gM~S.~e.~,~ .............................................................. ............. NERVY ~P~L TO ................................. · .................... WHEREBY THE BUILDING INSPECTOR DENIED TO Thomas C. Samuels, I~.A. Name of Applicant for permit af ....... ~ .5...% ] ~...~..a.! ~,.. ~,9, a.,~.,,...g..u.~..qk9.,~.,e..~, Street and Number Munic ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit to Construct 1295 Hyatt Road, 1. LOCATION OF THE PROPERTY Street District 1000 Section 50 'Block 1.Lot 21 Mop No, -Lot No. Prior Owne lily ; A-R,~sidence U~ District /oningMap Jeanne Lo' Witherspocn 2.' PROVISION (SI OF ':I:HE Z~ONING ORDINANCE ,%,P~EALED section and Paragraph af 'the Zoning ~Ordinonce by.number..Dq Article100-119 Section 2.A (1) 3. TYPE OF APPEAL Appeal is mode herewith (or (please (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to Jack of access (State of New York Art. I6 Sec. 280A Subsection 3 () the Section, Sub- 'boxi Law Chop. 62 Co~. Laws 4. PREVIOUS APPEAL A previous oppecl (JJ~(hos not)been of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance with respect to this decisia~ and was mode in Appeal No ................................ Dated ( ) ( ) REASON FOR APPEAL A Variance ta Section 280A Subsection 3 A Variance to the Zoning Ordinance requested for the reason that FOI~M NO. q TO~N OF $OUTHOLD BUILDING DEPARTMENT: ', TOWN CLF_~K'$ OFFICE SOUTHOLD, NOTICE OF DISAPPROVAL ' ' 25235. 14tIN ROAB' CU~C/~0OU~., NE~ YO~ I t935 P~ TA~ NO~ ~t your applica~on dated .. _. for p~it'to cqn~AuyA ~fl~.~q~s..~ .o?~..~ .~5~ ~Z95 Hyatt Road ~tion of ~ope~ ............................. ; ....... ~unty T~ Map No. 1000.Section .... ~q ........ Block ..... ~ ~. ........... 19 88 r 7, .8.8. ................ , 19. · ~.g. .................... at_ New York .................. ..... Lot .... ........ Subdiv~on:. ................ - Filed Map No ................. is returned hesewith and disapproved on the following grounds..U.n.d,e. ArticleXI SecClon'!00-119.2 A (I) proposed construt cha~ I00 feeC from top of Sound blnff, action requil Appeals. Lot No ............. .... . !onlng Chapter IO0, ion will be closer by Zoning Board of RV 1/80 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htlp://southtown.northfork.net August 31,2005 Re: Town Code Chapter 58 - Public Notices for Thursday, September 29, 2005 Hearings 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 newspaper. 1) Before September 15th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the dew construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or 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 before SEPTEMBER 15th: please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office 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) Before SEPTEMBER 20th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and kept in place till the hearing date. 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 deliver your Affidavit of Postin,q at the meeting, or mail it to us by September 20th. if you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. I 2 3 4 5 Co 7 8 $ I0 II 12 13 14 15 lC:, I'/ f~ '"' / , / / ~ ~' .. ' ~ r.~ HYA~ ROAD ~ 50UTMOLD, N.Y. / / 33, I / / / / 5¢/ - - / 7/ :_ ..-, ;~. / ~*~ : , ~ ' ~~--- :'~~ ~ olo~ K J H G F E D C 15 FAI RWEATH I= P-,,- B p-.,OWN DESIGN A~O~IATE~,INC. 205 BAY AVENUE GP-.EFNPOi~T, N.Y, 11944 -477-9752 (Fax) G31-477-0973 BASED SURVEY OF PROPFRTY SITUATED AT HORTON POINT TOWN OF 50UTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-50-01-21 AUGUST 31,1999 SHOWN A5 ~qDTING fiO(CEPT WHERE iNDrCATED. % IDASED ON SURVEY OF PROPi~RTY SITUATED AT HORTON POINT TOWN OF SOUTHOLD SUPFOLK COUNTY, NEW YORK S.C. TAX No. 1000-.50-01-2 I AUGUST 31, 1999 AREA = 33, I 19,00 sq. ~c, NOTE~: SITE PLAN N SHOWN A5 D~ISTING D~CEPT WMERE INDICATED. FAI P-.WEATH ER-DROWN DESIGN ASSOCIATES,/NC, 250 BAY AVENUE GREENPORT, N.Y. 11944 1-477-9752 (Fax) G31-477-0973 ~AU$ l I) ~005