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HomeMy WebLinkAbout5794 116 + sc,h , ,rho Yr) s H . /n,b t'r'e995c1 Syr 3i sn_\1 _ p (4 ÷-4-ac 74, 70 !U _%,L,-, "'� hYl - - __. P� yo-2,2-45- r (ix o-lo-SC7'/.t Satn¢g a / 4147, __ CSA ro-a7- Of uts 791 j ut(ie Ohl j0H.( Ad N-i?- or •h/o.r �• ,��' gOFFOit: • Office Location: rig tv CO "` sem, Mailing Address: Town Annex/First Floor,North Fork Bank y = 53095 Main Road 54375 Main Road(at Youngs Avenue) 0 %rev P.O. Box 1179 Southold,NY 11971 N. to �40�1 Southold, NY 11971-0959 %m "S http://southoldtown.northfork.net 4 EJVED BOARD OF APPEALS TOWN OF SOUTHOLD �/�VA;r2 00 2006 Tel. (631)765-1809 Fax (631) 765-9064 ' �` �( y� Sou h Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 1, 2005 ZB File No. 5794—James and Denise Martin Property Location: 1695 Meadow Beach Road, Mattituck CTM 116-4-31 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 3.69 acre parcel is located at the end of a private right- of-way known as Meadow Beach Lane, and is improved with a single-family 1-1/2 story frame house and other structures, shown on the May 21, 2002 survey prepared by John C. Ehlers, L.S. BASIS OF APPLICATION: Building Department's September 28, 2005 Notice of Disapproval, citing Sections 100-33 and 100-242A, in its denial of an application for a building permit for conversion of the existing as-built shed, and proposed trellis, hot tub structure and new swimming pool. The reasons stated for the denial are that the accessory structures will be less than 60 feet from the front lot line. Also proposed is expansion of the shed to a non-habitable pool house, changing the intensity as located with a nonconforming front yard setback. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 17, 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 wish to: (a) construct a new 25' x 50' swimming pool structure, after removing the existing 20' x 40' swimming pool, (b) enlarge an existing shed from 8'x'12' to 10'x12' in size, maintaining the existing nonconforming 24 ft. setback from the front lot line and converting/renovating it to an accessory, non-habitable pool shed, (c) relocate the hot tub at 25 feet from the front lot line, and (d) build a trellis structure over columns at single-story height. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The shed existed for 20+ years on the site near the applicant's dwelling and greater than 100 feet from Meadow Beach Lane during the time the swimming pool was built (under the prior variance). A larger accessory swimming pool is proposed, replacing the existing swimming pool, and the shed will be extended 2 feet and renovated to a 10'x12' non-habitable pool house. The existing hot tub structure will be moved closer toward the pool shed. Construction of a wood-trellis roof structure will be supported by four Page 2—December 1,2005 • ZB File Ref.5794—J. and D. Mart. CTM 116-4-31 large stone pillars. The Board requires continuous screening of the adjacent, contiguous area along the private road just east of the structures, and conditions for same are made a part of this determination to enhance improvements viewed from nearby properties. 2. The benefit sought by the applicant provides an accessory use in its present location near the back yard with extensive landscaping enjoyed for many years. The location is greater than 100 feet from Meadow Beach Lane, providing an adequate distance from adjacent residences. This determination is granted with the requirement for strict adherence to the conditions written herein, with continuous future maintenance of screening and yard areas. Without variance relief, the existing nonconforming yard locations may not be maintained. All structures are heavily screened with mature evergreens. The portable hot tub is being shifted over from its present location onto the patio area. 3. The variance herein is the maximum relief that will be entertained for approval. 4. The difficulty is self-created. Many of the structures are existing with nonconforming yard setbacks. 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 the existing established yard areas for reconstruction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to GRANT the variances as applied for, as shown on the 9/26/05 site plan (Sheets 1, 2 and 3) prepared by Samuels & Steelman, Architects, subject to the following Conditions: 1. That the accessory shed with renovation shall remain as an accessory use, and shall not be used for sleeping or living purposes (the building may be used as a non-habitable changing room related to the pool, beach and outdoor activities), and further a. Shall not contain heat, and the plumbing is limited as submitted, for a single bathroom and shower, with or without the utility of electric. b. Shall be used seasonally and shall not be used for sleeping or habitable living purposes; c. Shall not exceed 11.5 feet to the top of the ridge, as submitted. 2. That the present and all subsequent owners of the property are required to completely screen the easterly side of these accessory structure improvements. 3. That the Zoning Board of Appeals reserves the right for a representative to inspect the complete screening and pool house shed, prior to the issuance of a Certificate of Occupancy by the Building Inspector, and determine the need (if any) for additional screening and suggest any aspect related to this variance determination to the Building Inspector. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This pea Resolution was duly adopted (5-0). &. d. - Ruth D. liva, Chairwoman 1/( /06 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 17, 2005 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 ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971- 0959, on THURSDAY, NOVEMBER 17, 2005: 10:40 a.m. JAMES and DENISE MARTIN #5794. Request for Variances under Sections 100-33 and 100-242A, based on the Building Department's September 28, 2005 Notice of Disapproval, concerning as-built accessory structures (trellis, hot tub structure, shed), expansion of the swimming pool, and alterations of an existing shed to an outdoor shower and changing area related to use of the swimming pool, and storage. The reasons stated in the Building Inspector's Notice of Disapproval are that the new construction related to the accessory buildings/structures are less than 60 feet from the front yard line, and that the change of use of the existing nonconforming shed increases the nonconformity when the use is intensified to a different accessory use. Location of Property: 1695 Meadow Beach Road, Mattituck; CTM 116-4-31. 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: October 24, 2005. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski Q e x��2c 'dein tett/ 44e4 a re- teo j �dr P . " FORM NO. 3 al-- r 1x-r .,,��5_X4-179- �_` _ Z13g ", n _NOTICE OF DISAPPROVAL 44 Cl Jib 4' aR'✓' - , , ', ,,, 1 03 (J/r17\/¢'t�e�'tw 1�w' o6,.-5111_ �r d) DATE: May 24, 2005 AMENDED: September 14, 2005 TO: Samuels & Steelman Architects A/C Martin 25235 Main Road Cutchogue, NY 11935 Please take notice that your application dated May 13, 2005 For permit for an accessory tennis court, construction of an accessotrellis structur and conversion of an existing shed to a pool house at Location of property 1695 Meadow Beach Road, Mattituck, NY County Tax Map No. 1000 - Section 116 Block 4 Lot 31 Is returned herewith and disapproved on the following grounds: ' The proposed accessory tennis court and accessory trellis structure, located on this conforming 3.69 acre lot, in the Residential R-80 District, is not permitted pursuant to Article IIIA, Section 100-33 A.4 which states, "Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural Conservation District, " 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 proposed accessory tennis court and accessory trellis structure are located in the side yard. In addition, the proposed conversion of the existing storage shed to a pool house is not permitted pursuant to Article XXIV Section 100-242A,which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non- conformance with regard to the regulations pertaining to such buildings." The existing shed is located in the side yard. The change in the intensity of use, of this nonconforming building, constitutes an increase in the nonconformity. This Notice of Disapproval was amended on September 14, 2005 to address changes in the scope of work submitted by the applicant. i Authori,ed Si ti ature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Also, Planning Board Approval is required prior to obtaining a building permit. CC: file, Z.B.A. APPLI•ION TO THE SOUTI3OLD TOWARD OF APPEALS For Office Use Only .,_�_._ { Fee: Is 0— Filed BiC?m* /'{ un*._-� Date Assigned:Assignni'eat No. 1-7 7 hstOffice Notes: s7vz) 31: r ., Parcel Location: House No. 1695 Street Meadow Beach Bane_ Hamlet Matjituck SCTM 1000 Section 116 Block 4 Lot(s) 31 Lot Size 3.69 Zone District r-80 I (WE) APPEAL THE WRITTEN DETERMINATION_ OF THE BUILDING INSPECTOR DATED: 9/2EVos Applicant/Owner(s): James P Martin & Denise N. Martin Mailing 11 East 68th Street, 8B New York, NY 10021 Address: Telephone: 212-303-6141 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road, Southold, NY 11971 765-4330 ifax: 765-4643 Telephone: Please specify who you wish correspondence tb be mailed to, from the above listed names: ❑ Applicant/Owner(s) g Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED itte/05 FOR: ❑#Buiiding Permit D Certificate of Occupancy D Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 100-33 Subsection 4. '1 xxry too-• a'a. A Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. D A Variance due to lack of access required by New York Town Law-Section 280-A. O Interpretation of the Town Code, Article Section ❑ Reversal or Other A prior appeals has L has not been made with respect to this property UNDER Appeal No. ' _Year ,.,(Poo') b7`{a �{IOj (fen 's (ov.t) 411 • Reason for Appeal Continued Zoning Board of Appeals re : James P. Martin & Denise N. Martin Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (b) . The variance should be granted for the following reasons : 1 . No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The existing 20 ' x 40 ' pool was granted a variance in 1982 , the owners request the pool remain in the same location but be enlarged to 25 ' x 50 ' . The pool area is heavily screened with mature evergreens . The larger pool will not be noticeable behind the natural buffer. The portable hot tub is being replaced with a similar portable unit but shifted over from it' s present location on the patio. The 8 ' x 12 ' storage shed is to be renovated and converted to a enclosed outdoor shower and changing area. The changing room is used in the winter for storage. All the structures are screened with the existing evergreens . A landscape plan was prepared to assure privacy for the Martin Family and neighbors . The trellis is a landscape feature and provides a cover for the outside patio area and outdoor cooking island. 2 . The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The pool area is established and the proposed structures around the pool area provide the most feasible and practical location. The right-of-way necessitates a front yard setback, however, the right-of-way provides limited access and a common driveway to three homes . All these neighboring homes front the inlet, have extensive landscaping, and will not see or be impacted by the proposed structures . The structures are in a practical sense in the owner' s rear yard behind the existing house and behind the owner' s parking area and a gate . 3 . The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The "front yard" setback is from a right-of-way which runs to the Bay. The subdivision was created with the subject property being 4 acres in size, and the two adjacent parcels on the east have views across the marsh and basin. The subject property is the original Manor House closer to Meadow Lane and looking out to open marsh and the Bay. The proposed structures are existing but are to S III be updated. The requested variance is not substantial . The property remains very private and the existing structures, which are to be enlarged slightly, have not impacted the neighbors . 4 . The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district . The proposed location is the most appropriate location for these proposed structures given the environmental regulations of structures adjacent to water bodies . Structures in the "rear" yard would block the unique water views . The house has been renovated with large picture windows looking out to the water and these proposed structures would obstruct the view. 5 . The alleged difficulty was not self-created. The property is developed and placement of the trellis behind the house, changing room next to the pool, slightly larger pool, and relocation of the hot tub are restricted by other structures and easements surrounding this property. 6 . The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant . The owner has proposed extensive landscaping around the entire house which will benefit not only the owner but the neighbors . We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. . -ature State of New York ) ) ss County of Suffolk ) Sworn to thisddaycO -200d-- Ail: otary 4.li ftilliftromwisa OammiluisamitzQo Oso*Waser PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s):_ �t 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:_(5'Y/2 5AP-el /ox/a proposed j Znx yo jo'I,eeteter,1 Square footage: -. - . es, ,,_, B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: / Dimensions/size: k„, . m w �;,_ �> T , — , ., -Th., a a a. -. a r i , dC AOfAZ 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: renOve//r®n 1A_ hn ae and accessory .s1/4r,dcfer/rs TV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): .. - fitv/0aarel-Stns_ Z/rer (¢hard o n.ez✓) Anti /Yrn4/fl •n Sante area hIhIC.A _:.s ncannon4rnirnq 5 Ce.yard_Orta _ ..ate//74-tDton/ lvnd fr 1 yrrna s/rl�/r4 frrpm R.O. W. 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 nor sure. Thank you. 411 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ' A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) f7rnrms it /pa rhi� _ison, n.o N. /7)n it B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( } Yes (X) No. (Sf Yes, p1PaGP attach copy of "condirinns" of sale. ) C. Are there any proposals to change -or alter land contours? ( } Yes (0 No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? yes 3. Is the property bulkheaded between the wetlands area and the upland building area? /Vo 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Tpustees for its determination of jurisdiction? ¢ /226i&e >ia yt /06 f) E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea/- level? (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers, bulkheads or fences which Pxict and are not shown an the survey map that you are submitting? /1 If none exist, please state "none. " G. Do you have any construction taking place at this time concerning your premises? Y;p5 If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? A/P If yes, please explain where or submit copies of deeds. • I . Please list present use or operations conducted at this parcel Recdchtiac_e nfO proposed / ("AnnJ51�uq use Bch ce --P� is �vapy, 2fwn Qpt, K.ro (/nye.*2v« 6'019 Autn -. 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POOL 5'x50' :, .'NAMENTAL // ,. -________II 02+ =+II : I _ RAILING, POO ENGLOSUSE,/ SO C . 11 . - �_. , \ `.'".,� -_ - J : 11.0+ +q.3 r# ,■� . 1 , 1.461111S g 46as EXISTING RESIDENCE at 6 t- ' - = - 4 \ \ S ill FIRST FLOOR war �� i , L - _ _ - rr .� L7 W :III �g +19.86/ +19.96 II -I-- L - s24 I `��- PLANTIN6g AT Sr 'aitilij•rl x W • n8 r�°;y _ t f ` bow€ Q I. . 1 q.3 v 111 tom .\ \ 8i GATE � rILA: � \TW 199 EXISTING CHA+q.5 NK FENCE TO BE (REMOVED GATNEINE ;4. LAWN STONE PIERS Q�dSSRRSD,W � OH NEW LOW STONE WALL NEW 48" HT 5TONE o`� b Q W/ ORNAMENTAL WALL/ POOL ti i RAILING! POOL ENGL09URE N ENCLOSURE (TO CODE) LOWER EXI$TIN6 GRADE DOWN SEP282005 t • N FOOT AANDA HALF IN THIS AREA TO 7/! 5-LP(�C P-QJECT NO: 0: r"" F'OOLNTO BIEI LOWERED EG6 HEIGHT UALLYY LJ OUND Z0,9Na Or APL ^�.` V. I% ."LS//-------------- �r ■ DRAWN BYE CHECKED . TCS / 8/25/05 L____ SHEET IMO: , a Ely SAI EQ EE PLAN iHEET NO: SITE PLAN ENLARGEMENT I SCALE: 1"=101 "• e v n ND ZBA SUBMISSION POOL h >..1 I $ ITE DATA SCTM # 1000-116-4-31 PROPERTY: 129 Syter's Right of Way ADDRESS Mattituck, NY OWNER: James P. & Denise N. Martin 145 East 81st St., NY, NY 10028 , SITE: 160,781 SQ. FT. = 3.69 ACRES ZONING: Agricultural Conservation (AC) SURVEYOR: John C. Ehlers 6 East Main Street Riverhead, NY 11901 al LICENSE # 50202 I ti DATED 05/21/92 LOCATION MAP ° rn4 NEW SUFFOLK AAliVE_1;12 ot IICC 0 , N Land now or formerly of ots JOSEPH A. LEE E JULIE AMPER • Land now or formerly of r ' ,. - RALPH 4 TERREL KAPLAN A y y` iff: 6 . - 1 r�i. ` _ plc ,`1 ' • DP, so . -- r� o ` ° EXISTING 8'x12' STORAGE SHED TO BE • 'S'., 4 - - -. ENLARGED (IO'1512') AND RENOVATED ' • • 51 LOT 22 • / "�.@ de ` - PROI:'OSED RELOCATED ARRATOOKA 4 i I. /• •0pt, - , HOT TU$ LOCATION Gt j•ryo,, . , \ ` PROPOSED TRELLIS ' OINT PE 'ilA`1'' Z • . %' � _ ,k STRUGTi�RE W W ,ae i \ EXISTING 4 FT HIGH cc 0 .- y Q :. ti FENCE TO REMAIN r sl OA / / 0 O Q6-P 0 �v- 1YY k - , _ /at PROPOSED TERRACE 96 45 - V / / u ti • . STING �� - , AROUND NEW POOL 3p"E 1° GRA.'-SZg , ' PARKING �_ �� _ , Land now or formerly of Meadow �� ,� .�f mmur�, , I 120.0` NEIL T. McGOLDRIGK Beach • \ -`3 = S �� ' ' _ _ _ - l_ Lone iii 14__= •"E --_--_ _ ,a _• �t ] a _- I i I _ - - ��95.6=- —�gr:-�._�_— wood fence �� �.-� _— y a 0 _� q \\ �\ 0F0�'C �/ 111 / I I - - _ _ __1 �.._ S15'D6'20"E 200.53' �� 1 J .. 129 ÷ \\ 1 EXISTING POOL �I o— i m W 20X40 • DRIVEWAY ` 1 i et i- • g NEW ENLARGED POOL °r k. 33'-II" (25x50) WITH PARTIAL 13 �_ 1 I N „Th c..1 N �' RAISED STONE TERRACE I ii CU LOT 21 �� I 3 o I = �Stcas°N�0"�r s I SA O ISI 01 I I Fo y r V:11 I I I _I c 0) (�.''1 in EXISTING d 3 Z RESIDENCE I I I I4I; n •�qtF may.: W 4 I II N PIOJE T NO: '2O' REQUIRED ACCESSORY STRU TU12E SETBACK I thAV1BY: 0410 I I IN UT ex wood fence shed ex wood fence N15'06'20"W �-T�— 763.55' �t �.�J CHECKED BY: TCS i" bATE: /If-�', /� 9/26 /06• MD Land now or formerly of ,1\ riwl 'SHEET TITLE: 1SCALE: "a30 f MARTIN 4 ALMA SUTER SITE PLAN SITE PLAN Vi SHEETNO: E. SCALE: 1"=30' 2 , _ co C9 M • an ZBA SUBMISSION POOL al . I b'J k.lyleJ e"yir,M`' `- ��. ri 7:ZZ NN I El rUJ w F„ Co) 1 EXISTING O RESIDENCE ii BEHIND J WI ,it II II II II II I II II II II II II II Ilr a' ah ..'das ... ..„.,. I 0. 2 LkiSU•• .a . STONE PIERS WOOD —� , ., liii! PPORGTRELLIS �_. _ - Min - Ir- 1 iim TRELLIS STRUCTURE --1 II _ - �c STRUCTURE dJ s t d Ra ABOVE E= — - I EXITING �6 ' .a }'�'– i � — RESIDENCE —: T-' _- �,mit! r 7C BEH ND .� IMMI= i (1 114.1 .i �.__ _=_ I, ____ `rFr so =-r "_ '3y T — -!-Z _ e• - - - _ _ -- -- NEW Q SOUTH ELEVATION " \ WEST ELEVATION NORTH ELEVATION EAST ELEVATION • ♦A' ILAND COOKING M' TRELLIS & STORAGE SHED ELEVATIONS SCALE: 1/4" = l ' -0" EXISTING ABOVE GROUND PROPANE TANKS TO BE REPLACED WITH RELOCATED POOL EQUIPMENT WITH C4 2 PLANTING$ SCREENING EQUIPMENT I LAWN • Zvi 1 10 ,4 i 1♦ 'D HANGING ROOM m SHOWER* / --N.\ ai x• v1 d O Yl WINTERSTORAGE PARTIALLY .� f• x S AREA FOR SUNKEN HOT LAWN w J h" TUB 1I ' m POOL 7'-b"x7'_b" M w. i 2 r � ACCESSORIES2 g I , r STONC GLASS -� W PAVING TO DOOR 7LRRA0 T EXISTING STORAGE SHED co C/3•• _WI, "W- TO BE RENOVATED WITH 9'-4" CHANGING ROOM AND a 10'-0" / SHOWER - _ \ IALIGN H FliMi i r It rit J - _ PR JECT NO: 0410 bRAWN'BY: UT EXISTING -.1E1�4TREL S - - - --1 GARAGE 1 STRUCTURE _ - - CRECKEt 94;ICS ABOVE WITH m m PATE: STONE PIER - ;s n NEW 1� � 9l$6103 NEW BBQ COLUMNS- ENLARGED �,// h gl�es6S SCALE:' 1l4" 1' 0" • — COOKIN& POOL U✓ - — ISLAND - SHEET tIThE; ' ' POOL SHED & TRELLIS __, PLAN & — i a , v ELEVATIIQN$ ' J \ 3AEET ub: 2 I61=41' - - ` - 221-10" / / 3 in io c, STORAGE SHED & TRELLIS PLAN - SCALE: 1/4" = 1 ' -0" ZBA SUBMISSION POOL , APPEALS BOARD MEMBERS i � " SOat: - Mailing Address: Ruth D. Oliva, Chairwoman ,�� O� pl Southold Town Hall Gerard P. Goehringer �` ~ O. '"� 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. ` v, Q ++ Office Location: Michael A. Simon : 5<` �� �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman � �`�iis ��C054375 Main Road(at Youngs Avenue) �,i� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 February 13, 2006 Mr. Thomas Isles, Director • Suffolk County Department of Planning 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. 5794 and 5742 (James and Denise Martin) Action Requested: Yard Location, Bulkhead Setback and Height Variances 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 e•• Office Location: o'°\0 co Mailing Address: Town Annex/First Floor,North Fork Bank ; y Z 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 y �a��,,'' Southold,NY 11971-0959 ' http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 • January 19, 2006 By Regular Mail and Fax Transmission 765-4643 Mr. and Mrs. James Martin do Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA Ref. 5794 - Setback Variances (116-4-31) Dear Mr. and Mrs. Martin and Ms ore: Please find enclosed a copy of the variance determination with condition, rendered by the Board of Appeals at its December 1, 2005 Meeting. Please be sure to include an extra copy of the enclosed variance determination when submitting other final documents, or amendments as may be required, with the Building Department. Thank you. Very truly yours, afim d_ 644_ - Linda Kowalski Encl. Copy of Decision 1/19/06 to: Building Department 7a OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.KowalskiaTown.Southold.ny.us Jayne.MartinaTown.Southold.ny.us (631) 765-1809 (ext. 5012 or 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET 3 tf- to 4 07 TO: DATE: I / 19 /2006 RE: / Q.i , MESSAGE: ( ) Correspondence or ( document attached related to the above for your information Z64 aci4,Zzi X67 9 9 c\k,iJkloVi Thank you. /244-1,1A) Pages attached: . .I E t . ' 4I FORM NO. 3 Q\/ NOTICE OF DISAPPROVAL 6 1 DATE: September 28, 2005 TO: Patricia Moore A/C Martin 51020 Main Road Southold,NY 11971 Please take notice that your application dated September 28, 2005 For permit for construction of an accessory trellis structure, an accessory hot tub, swimming pool enlargement and conversion of an existing shed to a pool house at Location of property 1695 Meadow Beach Road, Mattituck,NY County Tax Map No. 1000 - Section 116 Block 4 Lot 31 Is returned herewith and disapproved on the following grounds: e The proposed accessory hot tub, located on this conforming 3.69 acre lot, in the Residential R-80 District, is not permitted pursuant to Article IIIA, Section 100-33 A.4, which states, "Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural Conservation District, " 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." Bulk schedule requires a minimum front yard setback of 60 feet. The proposed accessory hot tub is noted as being 15 feet from the right of way. The proposed expansion of an accessory in-ground swimming pool is not permitted pursuant to Article IIIA, Section 100-33 A.4,which states, "Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural Conservation District, "which states, "...accessory buildings and structures or other accessory uses shall be located in the required rear yard... 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." As a result of the swimming pool expansion, it will be located partially in the front yard, 22 feet from the right of way. The proposed accessory trellis structure is not permitted pursuant to Article IIIA, Section 100-33 A.4, which states, "Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural Conservation District, " which states, "...accessory buildings and structures or other accessory uses shall be located in the required rear yard... 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 proposed accessory trellis structure will be located partially in the front yard, +/- 23 feet from the / right of way. The proposed conversion of an existing storage shed to a pool house is not permitted pursuant to Article XXIV Section 100-242A, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The edisti . •-d is located in the front yard. The change in the intensity of use, of this nonconforming ilding, constitu',s . 1 rea in the nonconformity. • ori, d Si„s ature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Also, Planning Board Approval is required prior to obtaining a building permit. CC: file, Z.B.A. Pa APPLICAN'T TR11NSAC"TIONAL, J)ISCL.OSURR FOIZP4, 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 rrecessa y to avoid same . YOUR NAME! James P. Martin & Denise N. Martin by Patricia C. Moore ( Last name , first name , middle initial , unless you are applying in the name of someone eLee or other entity , such as a company . If so , indicate the other person ' s or company ' s name . ) NATURE OF 11i'pl,JCATf.ON ! ( Check a Ll that apply . ) Tax grievance Variance g Change of zone Approval of plat Exemption from p.lab or official neap Other: — ( If "Other. , " name bite activity . ) Do you personally (or through your company, sponse, 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:. "J)trsiness 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 tine balance of this form and date and sign where indicated_ Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant- ) and the town officer or employee . Either check the appropriate line A ) through D) and/or describe 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 appiicanb is a corporation ) ; D ) the legal or beneficial owner of any interest in a noncorporate entity ( when the applicant is nob a corporation ) ; C ) an officer , director , partner , or employee of the applicant ; or D ) the actual applicant . DESCREPTION OF REf,ATTON SIITP Submitted f `. y of 1 Signabt, 41000"- 4V' 4 Print namex`" :4174/ GpaCOlo0/'-c` Ir T '1 14-16-4 IV R—Text 12 - PROJECT 1A- NUMBER 517.21 •I Appendix C 1 State Environmental Quality Review • SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I. APPUCANT/SPONSOR I 2. PROJECT NAME C-.7—,97/7 --/- D�v,s -7,v l 7- rt./,s !r_ V , 'c- . J. PROJECT LOCATION: //IZac/ e_ Legc"h LayL Municipality &am.,7,C County cS-vr-A, 11C-- .1 IC-- .1. PRECISE LOCATION(Sirest address and road Intenectlona,prominent landmarks, etc.,or provide mar)) /74 - q- 3/ 460 a • d 72__ Svtersa • - 5. IS PROPOSED ACTION: PlNew 0 Exolnslon ❑ModificalloMallerallon 6. DESCRIBE PROJECT BRIEFLY: • 7. AMOUNT OF LINO AFFECTED: • Initially O acres UIIImaIely acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZnNING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes -JNo II No-dcicnba briefly • • 9. WH T IS PRESENT LAND USE 1N VICINITY OF PROJECT? esIdonllal • 0 Industrial 0 Commercial 0 Agriculture0 - ascribe: ❑ParklForesl/Open space Olher 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDE STATE OR LOCAL)? 0Y6 LNo If yen,Ilsl apencyts) and pormiVapprovals B. DOES ANY ASPECTrr�� OF THE ACTI.;N HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ElYeel�N. It YL,1131 agtricy name and perm:Uapprovel 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? OYea No `!!!! I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AOPhcanl/sponse(_—n�" r -e,C(ff (. . 72160 ,�I— �` i � vcJ D a 1 c //T/�/G17y//-/- Signalure( If the action is In the Coastal Area, and you are a state agoncy, complele toe Coastal Assessment Form before proceeding with this assessment • OVER • 1 ) To: Southold Town Zoning Board Southold Town Building Department Re- Premises at 129 Suter's Right of Way,Mattituck SCTM#1000-116-4-31 The undersigned hereby authorizes my attorney,Patricia C.Moore, and her agents to submit a Zoning Board Appeal and any and all applications which may be required in order to obtain a building permit to construct a tennis court and fenceon the above referenced parcel. AJDCrffivG-›,iv 'acorn, 7 f f s snvo o��y �t�rc-� S cru 's Ja P. M tin Denise N. Martin E 'd E69 ' S9L TESaot _-. ... - }}0 me, a iooW dT-17 :E0 SO 90 unc n , COUNTY OF SUFFOLK • �� ,_i` )DEVELOPMENT RIGHTS, ----. O 4e : 1.2 _ TOWN OF 2.65(C) e r SOUTHOLD q (UNDERWATER LAND) 6 '//'. rp as W7 1.3 N 17.6A1c) 2.3,5(c) COUNTY OF SUFFOLK IDE VELOPMENT RIGHTS) & • s •r� 2.2 „ PECONIC LAND TRUST v La )CONSERVATION EASEMENT, ' _ • F _ - PECONIC LAND TRUST I = 5 ICOHSERVATIDN EASEMENT, , 1 / 1 -? 14 W , / U 1.+ \ 3.2A(c) -,� ' nu:I 10 0 3.1 „ �L. \ 3.4 ...'115.4A _ \ •'e� 35.8A 6 L . \ 2.9A1c1 y ° �\ .' s.a, e Yr� D_ NFTOW s n P. F Y1.1A m) \ / :. SUFFOLKno 4 ';1 V 3.1 0 --931 3.5A(c) .IN ce 32 ��,� L2A 7 1 I.BAIc)„a "o• f \\p ,W O. „a oo °, 7 1 9.BAfd 1.3 L° 0 4.1 �'LOA(cl 1.2 Ra n, .k. _; 1.3A rsm CUTCH„ „ Lu / 5 \ F-w� ha 18 NEW SUFFOLK „ a 1.38(c) y s 2.34) ) PARKARDISTRICT 7 a 5 Rn „„ .1 m --......_.\.... \N - n ski° 5.7A(c) 1.2I. A a/l7 ala O �� g a 1.2A(c)1.4 $ 3 ° '�5 SHORELINE CREEKT 9 0 S.SAfcI ` = '''1 JA .m ,e I 'cy� O ,=.� 1.1A(c) .t nnoea.V rcR 3.2 �p ; 1 zb~ J° •7 _i..i .. 2111 ., �1LP LAM 1.9A(c)404/00., l'11 PO ,e a 'j • s ( %. L1A(c) a> : e f?I� a� N ;i ec` ;� '+' J,TOWN �so� 0 1.2 ''� TOVN OF tl oy 1 OFY. . 19 s1.5Ald SOUTHOLD EUN C 8 �+ „„i \SOUTHOLD -� 5 1.%:,' i .SNDR IUNOERWATffl fl 'k ,,,1.2AfG 13.1 T - ,� „ LAND)9 D�0 W3 0 6.IAla1 F.D.F29 L.D.45 - 14 5 eu. 4 SNOREUNE d 16.3''''• O. -'"?e - -- ,. utacl O. v ,S 1111 M,,,�`, 17nn. ss5 Z6I SS\ CREPT 4 e sa 20J YO� 3t p1 Lcl l� f 16.4 y 40P \ 5.9AId -� 2 ^ gg tF- sl 0 ,.o�°J r H 281,400 w ` 021 y65 �O � .:: i E 1 g 'p 1-I air 51 1%1 `0 q6, vDPELIIIE/ i pp�pp C �.h.YY y-' A• L Property or RI Une SNdelaen Loi N°. off Black Limit S,Woo)D,atr)ct Line --5CH- !boron,Oletrict Lim --H-- UNLESS DRAWN, OTHERWISE. 4. EE Denotes Comm Orae S,Cdl.dim BbU/Odylk (21) ARE WITHIN THE FOLLC V StDd,rlalm o --�- Elock no 2 Fre Hatrkt LLn --F-- Relose OleMct Line --R-- � lot Line Deed OMwlon u O SCHOOL 9,15 SUE E later Dl rkt Lrc W-- gatmkdD irkt Line -HST-- FIRE 29.30 NTDR rg N Stre®/Owe '‘^"- Scaled Dimension .x. Cccna Lh,e -- Light OLsirkt One --L-- MTh..District Una--a-- LICNT 45,46 WATE D Parcel. 23 Deed Area 12.1 A(d) or 12.1A To`n line � -- PARR 71,90 REM Park District Urn -P-- Wastewater District line-WR-- AMBULANCE Seer Wtrkt Lire --S-- MAST Cam-Sated kw 12.1 4(c) 80080 Line II fl a i in '. t SOO .' A yo ELIZABETH A.NEVILLE er Town Hall, 53095 Main Road TOWN CLERK 4IgP.O. Box 1179 ,c REGISTRAR OF VITAL STATISTICS k N � Southold,New York 11971 MARRIAGE OFFICER �O�1� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER N. _l ��� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ' . U(J 1 . ' southoldtown.northfork.net '!... ..• . OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 3, 2005 RE: Zoning Appeal No. 5794 Transmitted herewith is Zoning Appeals No. 5794—James P. &Denise N. Martin -Zoning Board of Appeals application for variance. Also included is application to the Zoning Board of Appeals; reason for appeal (two pages); tax map; authorization letter; short environmental assessment form; project description; ZBA questionnaire; applicant transactional disclosure form; notice of disapproval dated September 28, 2005 (two pages) and site plan (three pages). i _... 7- / n.,2 -,p al) I I --- (OA) . i 1 i SEP 2 8 2005 zoptriNG .004RD OF AppeALs : C"*"03-1--- O FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 28, 2005 TO: Patricia Moore A/C Martin 51020 Main Road Southold,NY 11971 Please take notice that your application dated September 28, 2005 For permit for construction of an accessory trellis structure, an accessory hot tub, swimming pool enlargement and conversion of an existing shed to a pool house at Location of property 1695 Meadow Beach Road, Mattituck,NY County Tax Map No. 1000 - Section 116 Block 4 Lot 31 Is returned herewith and disapproved on the following grounds: The proposed accessory hot tub, located on this conforming 3.69 acre lot, in the Residential R-80 District, is not permitted pursuant to Article IIIA, Section 100-33 A.4, which states., "Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural Conservation District, " 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." Bulk schedule requires a minimum front yard setback of 60 feet. The proposed accessory hot tub is noted as being 15 feet from the right of way. The proposed expansion of an accessory in-ground swimming pool is not permitted pursuant to Article IIIA, Section 100-33 A.4,which states, "Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural Conservation District, " which states, "...accessory buildings and structures or other accessory uses shall be located in the required rear yard... 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." As a result of the swimming pool expansion, it will be located partially in the front yard, 22 feet from the right of way. • a The proposed accessory trellis structure is not permitted pursuant to Article IIIA, Section 100-33 A.4, which states, "Accessory buildings shall be subject to the same requirements as 100-33 of the Agricultural Conservation District, " which states, "...accessory buildings and structures or other accessory uses shall be located in the required rear yard... 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 proposed accessory trellis structure will be located partially in the front yard, +1- 23 feet from the right of way. The proposed conversion of an existing storage shed to a pool house is not permitted pursuant to Article XXIV Section 100-242A,which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing shed is located in the side yard. The change in the intensity of use, of this nonconforming building, constitutes an increase in the nonconformity. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Also, Planning Board Approval is required prior to obtaining a building permit. CC: file, Z.B.A. I TOWN OF SOUTHOLD -, BUILDING'DERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT ,_, D _ k have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 1 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) fr65-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form 1 N.Y.S.D.E.C. Trustees Examined 2g ,20 1 Contact: A•• • ed 1 -24' ,20 .i Mail to: Disapproved \ "----1 Phone: Expiration ,20 Buildin1 =)= Inspector APPLICATION FOR BUILDING PERMIT I Date , 20 INSTRUCTIONS a. This application MUST be completely,filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, .ccurate plot plan to scale. Fee accdrding to schedule. b. Plot plan showing location of lot and off 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 keptn the premises available for inspection throughout the work. e.No uilding shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certi cate of Occupancy. f. Evey building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or halts not been completed within 18 moths 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. APPIJICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zon4 Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, fbr 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,housin',g ecrde;-. • regulations, and to admit authorized inspectors on premises and in building for necessary inspections. `'(Sig.ature of applicptpir name,if a corporation) 4 iC7 /el7/i0 . V c/ 5eoe0/0/ imi 7/ 7 (Mailing address of applicant) State whethe_applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder 4-,2?c,4 C - (22007 / Tf c1 Name of owner of premises //1 A72./-7/Li t- 1)121//S E /V. Ail -iN (As on the tax roll or latest deed) If applicant i a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians iLicense No. Other Trade's License No. 1. Location of land on which proposed work will be do7ne: / Z9 0 Ae 'S Ai- 671' 1� a AlArri To rli— House Number Stree Hamlet County Tax Map No. 1000 Section // 1`v Block 1 Tua i D4£4 �atQil Subdivision 'i"'£' 1 °o" 3 4 Filed Map No. ; .;C�??a•oS uL�'t rl (Name) lith O.J t# c.,tie 60u. :a1:ini. u I + . 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy �c�' -- 4 �'��/. �w�� hof yirie b. Intended use and occupancy .,Creta. 1c /poo/t skel iz-ia</ i'/ara j407 - 3. Nature of work(check which applicable): New Building ' Addition Alteration Repair Removal Demolition Other Work (Descrip#ion) 4. Estimated Cost Fee (To be paid on filing this appligation) 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 Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear I Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY jBE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. I _ 16. Provide survey, to scale, with accurate foundation plan and distances td 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 It ) Ffrct6 Cbeing duly sworn, deposes and says that(s)he is the applic I t (Name of individual signing contract) above named, (S)He is the ontractor,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. Swor�jpfore me this o�Q day of 11)0 (�� !'7 Notary Pu. is Signature of Applicant • *WY PulnateBT Newyork No.0113E6097127 —%Arnow:son wires August 18;2007 PATRICIA C. MOORE Er',)��r , r9v r� Attorney at Law t "L) 'ti � t`'^f 51020 Main Road Southold,New York 11971 NOV 4 2005 Tel:(516)765-4330 Fax::(516)765-4643 ' ALS November 4, 2005 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: James & Denise Martin SCTM# 1000-116-4-31 Re-scheduled Hearing Date: November 17, 2005 Dear Chairman: Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. Very/t my yours MOORE //By Bets_TJPerkins, LA bp Enols . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT JAMES &DENISE MARTIN OF (Name of Applicant) MAILINGS CTM Parcel#1000-116-4-31 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Betsy Perkins,residing at Mattituck,New York,being duly sworn, depose and say that: On the 3RD day of November, 2005, I personally mailed at the United States Post Office in Southold,New York,by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true'copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. ' Attached hereto is the white receipt post-mar. : by the Southo • Po.t Office on said date. / 1 Betsy Perkin :i ature) itt Sworn to before me this 1 day of November, 2005 otary Public.)AREr C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3,2.;.2.(7 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. -LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 17,2005 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 ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971- 0959, on THURSDAY, NOVEMBER 17,2005: 10:40 a.m. JAMES and DENISE MARTIN‘#5794. Request for Variances under Sections 100-33 and 100-242A, based on the Building Department's September 28, 2005 Notice of Disapproval, concerning as-built accessory structures (trellis, hot tub structure, shed), expansion of the swimming pool, and alterations of an existing shed to an outdoor shower and changing area related to use of the swimming pool, and storage. The reasons stated in the Building Inspector's Notice of Disapproval are that the new construction related to the accessory buildings/structures are less than 60 feet from the front yard line, and that the change of use of the existing nonconforming shed increases the nonconformity when the use is intensified to a different accessory use. Location of Property: 1695 Meadow Beach Road, Mattituck; CTM 116.4-31. The Board Iof 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: October 24, 2005. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski 1 JAMES &DENISE MARTIN SCTM: 1000-116-4-31 MAILING LIST NEIL T. MCGOLDRICK 86 2ND STREET GARDEN CITY NY 11530 CTM: 116-4-16.4 ANTHONY&JOANNE COT J.RTTA 24 S. LEWIS PLACE ROCKVILLE CENTER NY 11570 CTM: 116-4-15 JAMES &LINDA ECKERT 1635 MEADOW BEACH LANE MATTITUCK NY 11952 CTM: 116-7-8 JOSEPH A. LEE JULIE AMPER 1645 MEADOW BEACH LANE MATTITUCK NY 11952 CTM: 116-4-14 JOHN D. STRODE WENDY KRAMMER . PO BOX 511 MATTITUCK NY 11952 CTM: 115-17-17.18 SUTER MARTIN TRUST ALMA T. SUTER 1642 MEADOW BEACH LANE MATTITUCK NY 11952 CTM: 115-17-18 BAYVIEW AT MATTITUCK HOMEOWNER'S ASSOCIATION PO BOX 871 MATTITUCK NY 11952 CTM: 115-17-17.2 RECEIPT RECEIPT ;EIPT 7192 6463 3110 1000 1304 7192 6463 3110 1000 1311 7192 6463 3110 1000 1328 FROM' FROM FROM' Patricia C Moore,Esq I Patricia C.Moore,Esq Patricia C Moore,Esq RE MARTIN HEARING RE MARTIN HEARING RE MARTIN HEARING SE SJ.•n.ct Ny I SENDTO: MCGOL _ • HONY&JOA OLLET JAMF A ECKERT ' y i4 S LEWIS PLAC 'i`-i•4i :/i CH LANE F, D STREET RO${WILL COC r ' 1157( a''>'- i•' 1 F,pN CITY NY 11530CO 1111m V _ �1 @L' E �' E �q —3' 5 ii ' atje �0 37 os b 37 atje , 37 i-�•�e� 2 30 'III edified Fee )2 30 •Re urktl-eeipt�" , 1 75 Return eceipt 1 75 um Receipt ��1 75 Restricted Restricted Res' -=•. �. ' TOTAL $4.42 TOTAL $4.42 TO ' � $4 42 POSTMARK OR DATE {{ POSTMARK OR DATE POSTMARK OR DATE ' L1 __________ ______________ _________________ . _____ T RECEIPT RECEIPT RECEIPT 7192 6463 3110 1000 1366 7192 6463 3110 1000 1342 7192 6463 3110 1000 1335 FROM: - FROM: FROM. Patricia C Moore,Esq Patricia C.Moore,Esq Patricia C Moore,Esq • RE MARTIN HEARING RE MARTIN HEARING RE MARTIN HEARING t 1? Tph SEND TO: .iigiii 0* �'�' �' �4 IJST (iraip STRODE � �'` � JOSEPH• ,Y KRAMMER vti T SUT JULIE'0 y' 1' / EADOW EAC LANE CEJ` (Z BOX 51.11641, •�%,,BEACH L'A E MA AfUCK NY 196TTITUCR NY 11952 M. CK NY 11952 vNQ ' i- ESspaFE 3 • stage 0 37 ,e cf7, 039 a98 037 _r`--•.-."eetif 230 Cert r•-Fee_ ' 2 30 •• - Fee 2 3 / Return Receipt..---- a 1 75 urn Rec 1 75 R-i •-ceipt 1 7 Restncted Restnc ed _ Res $'p TOTAL $4.42 TOTAL-, S 4A2- TOTAL $4.42 ' POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE IRECEIPT 7192 6463 3110 1000 1359 1 FROM' I Patricia C Moore,Esq RE MARTIN HEARING SE % TJpNI Y IF y WAT*-,�trIIRA.,K -r, EOWNER'S A''.` itgTIOI, /7.,...•OBOX 871 ATTITUCKINVI-i' • !t I Pos:. 66 0 37 '-riffle',.-t- Y '2 30 Re r-: c 1 75 Restricted TOTAL $4.42 POSTMARK OR DATE 1 1 Notice approval,amended Sep- der Sections 100-32 and' ,based \\ ' v, ./\,\ 15 concerning a proposed on the Building Inspecto " ;ust 23, � addition and alterations to an existing 2005-Notice-of Disapproval,for area, dwelling,creating a total side yard set- width and depth in this division of \\\� back area of less than the code required merged lands,conveyed by deeds after 35 feet (15 and 20 feet),at 710 West May 1983. The reasons stated in the Shore Drive,Southold;CTM 80-1-46.1. ' Notice of Disapproval are that the lots 9:45 a.m.RALPH PASSARO#5790. are merged,and no deed of record was Request for Variances under Sections found for separate lots 7.1 or 7.2(re- 100-33A.4 and 100-244, based on the quired for lot recognition under Section Building Inspector's August-31, 2005 100-24A-1).Location of Property:•Cor- r Notice of Disapproval,concerning as- ner of Horton Road and Bittersweet built additions at less than 50 feet from Lane, Cutchogue; CTM 104-2-7.1 and the rear yard line,and as-built shed lo- 104-2-7.2. cated in a side yard instead of the code- 11:10 a m.JOHN and JANE ANN required rear yard, at 875 Deerfoot INGRILLI #5734. Request for Vari- Path,Cutchogue;CTM 103-4-6. ances under Sections 100-33(100-30C) 9:50 a.m. SIMON CAUDULLO and 100-244B,based on/he Building In- #5787 and as amended under#5801.Re- spector's April 12,2005 Notice of Disap- quest for Variances under Sections 100- proval,amended October 24,2005,con- 12 and 100-244B;based on the Building cerning removal or the existing garage Department's August 24,2005 Notice and-construction of a new accessory of Disapproval,amended October 24, building with garage and storage on the 2005,concerning as-built additions and first floor,and workshop on the second alterations to a non-habitable building floor and plumbing for a half-bathroom. with nonconformities in the following The reasons stated in the Building In- _ areas:(a)less than 35 feet from the front spector's Notice of Disapproval are that yard line,(b)lot coverage exceeding the the building is not permitted because code limitation of 20%lot area,and(c) the setback will be less than 50 feet from living area less than the code required the rear yard line and that the workshop minimum 850 square feet for dwelling use is not a permitted use Location of use,at 970 Seventh Street,Greenport, Property:10375 Nassau Point Road,Cu- CTM 48-2-19. tchogue;CTM 119-1-15 9:55 a.m CHERYL HANSEN RE- 1:20 p.m. RQA PROPERTIES VOCABLE TRUST#5796 Request for (RICH'S QUALITY AUTO BODY) Variances under Code Sections 100-33 #5759 Request for a Variance under and 100-239 4B concerning a proposed Section 100-241A,based on the Build- accessory garage located partly in a side ing Department's May 26,2005 Notice yard instead of the code-required front of Disapproval concerning a proposed or rear yard, and at less than 75 feet detached 1760+- square foot building from the bulkhead, at 445 Elizabeth for business activities related to the Lane,Southold;CTM 75-5-3 existing nonconforming auto body buss- 10 00 a.m. ELLEN J. McNEILLY ness The reason stated in the Building , #5800 Request for a Variance under Inspector's denial is that the property is Section 100-244,based on the Building zoned'Residential R-40-and a noncon- ti Inspector's October 18,2005 Notice of forming auto body shop use is not per- Disapproval concerning proposed ad- matted to lie enlarged,altered,extended, damns/alterations to the existing dwell- reconstructed,or placed on a different ing,which will constitute an increase in portion of the lot or parcel of land occu- the degree of nonconformance when pied by such use on the effective date of located at less than 10 feet from'the this chapter,nor shall any external evi- code-required minimum side yard,at 70 dence of such use.be increased by any Vincent Street,Orient;CTM 26-1-5. means whatsoever."Location of Prop- 10:10 a.m.MONTAUK BUS SER- erty:29950 Main Road at intersection VICE,INC.#5778. Request for a Spe- with Fleets Neck Road(a/k/a Pequash tial Exception under Section 100-141(B- Avenue),Cutchogue;CTM 102-3-1. 6)concerning a proposed Bus Terminal The Board of Appeals will hear all use and related building areas located persons,or their representatives,desir- at 115 Commerce Drive, Cbtchogue; mg to be heard at each hearing,and/or CTM 96-1-1.2.Zone District:LI'Light desiring-to submit written statements Industrial. - before the conclusion of each hearing. 10:20a.ni.BARTONand PATJOHN- Each hearing will not start earlier than SON #57881 Request for a Variance designated above.Files are available for under Section 100-239.4B, concerning review during regular business hours at demolition of an existing dwelling and our new location at 54375 Main Road, proposed new dwelling at less than 75 Town Annex NFB Building,First Floor, feet from the bulkhead,at 860 Bayview Youngs Avenue and Main Road,South- Drive,East Manon;CTM 37-5-7. ' old.If you have questions,please do not 10:25 a.m. MICHAEL ZEVITS hesitate to call(631)765-1809. #5789. Request for a Variance under Dated:October 31,2005. Section 100244 concerning a proposed BY ORDER OF THE new dwelling;based on the Building ZONING BOARD OF APPEALS Department's June 22,200$Notice of TOWN OF SOUTHOLD Disapproval, amended-September 13, RUTH D.OLIVA,CHAIRWOMAN 2005,for the reason that the new'con- By Linda Kowalski _ —. struchon will be less than 35 feet from _7610-1T 11/3 - _ LEGAL NOTICE the front yard tine and less than 75 feet SOUTHOLD TOWN from the bulkhead,at 1450 West Lane, BOARD OF APPEALS Southold;CTM 88-6-18.5. THURSDAY,NOVEMBER 17,2005 10:30 a.m. PREMIUM WINE PUBLIC HEARINGS GROUP LLC #5784. Request for a NOTICE IS HEREBY GIVEN,pur- Variance under Section 100-83C,based Q_(i HID suant to Section 267 of the Town Law on the Building Department's'August 9, i A "- and Chapter 100(Zoning),Code of the 2005 Notice of Disapproval concerning ' ' Town of Southold,the following public proposed additions and alterations con- C} hearings relative to Chapter 100(Zon- netting two existing buildings,resulting YIL mg),will be held by the SOUTHOLD m a linear frontage following the new - TOWN ZONING BOARD OF AP- construction of more'than the code PEALS at the Town Hall,53095 Main limitation of 60 feet on,one street.Lo- ' Road, P.O. Box 1179, Southdld, New cation of Property:35 Cox Neck Road York 11971-0959,on Thursday,Novem- at Sound Avenue,Mattituck;CTM'121- ber 17,2005,at the times noted below 06-01. (or-as soon-thereafter as possible): 10:40 a.m. JAMES and DENISE 9:30 a.m. JOHN...and'BARBARA MARTIN#5794.Request for Variances CONDON#5785. Request for-a Van- under Sections 100-33 and 100-242A, ante-under Section'100-244,based on based on the Building Department's , the Building Department's August 31, September 28, 2005 Notice of'Disap- 2005 Notice of Disapproval concern- proval, concerning as-built accessory ing a•proposed addition at less than 35 structures (trellis, hot tub structure, feet from front lot line,at 1755 Sigsbee shed),expansion of the sir"renting pool, Road;Mattituck;CTM 144-2-12. and alterations of an existing shed to an 9:35 a.m. MARTIN KOSMYNKA outdoor shower and changing area re- (contract vendee) and TIDE GROUP, lated to use of the swimming.pool,and INC.#5779.Request for a Variance un- storage.The reasons stated in the Build- _ der Section 100-43C,basedonthe Build- ing Inspector,'s Notice of Disapproval ing Inspector's August 2,2005 Notice of are that the new construction related to Disapproval, to allow an Apartment the accessory buildings/structures are unit for security/management purposes less than 60 feet from the front yard line, " related to the proposed public storage and that the change of use of the exist- use,at 50 Commerce Drive;Cutchogue; ing nonconforming,shed increases the Parcel 96-1-1.4.Zone District:LI Light nonconformity when the use is ititensi- Industrial. lied to a different accessory use.Loca- 9:40 a.m. ALEXANDER tion of Property:1695'Meatfow Beach SZNURKOWSKI#5786. Request for a Road,Mattituck;CIM 116-4-31. Variance under Section 100-244,based 10:50 a.m. M. and H. REDDING- on the Building Inspector's 7uly 21,2005 TON#5791.Request for Variances un- #7610 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Jean Burgon 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 3rd day of _ _ ---- : - November , 2005 S/e'et/(k ncipal Clerk • of �i 1 r Sworn to before me this da`T Y 2005 UP"lifiLAV CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified In Suffolk County Commission ExpirGll February 28, 2008 --- — — c n — 1 Y 3 r SII Iiii��_- / j APPEALS BOARD MEMBERS ��,�o/��OF S0U76, . Southold Town Hall Ruth D. Oliva, Chairwoman / p 53095 Main Road•P.O. Box 1179 �1 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando v, Office Location: James Dinizio, Jr. `` ,‘-' ' 0, Town Annex/First Floor,North Fork Bank Michael A. Simon ?IiYe OUNI1 � .0°' 54375 Main Road(at Youngs Avenue) ;,.��� Southold,NY 11971 http://southoldtown.northfork.net �A /A J BOARD OF APPEALS , d T i 5 TOWN OF SOUTHOLD \)Nk/617 ( /X` i/ Tel. (631)765-1809•Fax(631)765-9064 Qj FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 27, 2005 ZB File No. 5742—James P. and Denise N. Martin Property Location: 1695 Meadow Beach Lane, Mattituck CTM 116-4-31 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 3.69 acre parcel is located at the end of a private right-of-way known as Meadow Beach Lane, Mattituck, and is improved with a single-family, 1-1/2 story frame house with detached swimming pool and two small sheds, shown on the May 21, 2002 survey prepared by John C. Ehlers, L.S. BASIS OF APPLICATION: Building Department's May 25, 2005 Notice of Disapproval, amended June 10, 2005, concerning the construction of a citing Section 100-33 in its denial of an application for a building permit to construct a proposed tennis court with fence enclosure, shown on the 5/6/04 site plan. The reasons stated by the Building Inspector in his denial are that the tennis court fence enclosure will exceed the four foot height limitation when located in the front yard of this residential zone, and that the tennis court is proposed less than the code-required 60 feet from the front yard lot line and less than 20 feet from the side yard lot line. SEPARATE APPEAL NO. 5794/AMENDED APPLICATION BY APPLICANTS: On September 21, 2005 documentation was added for amended, additional relief for the location of an as-built accessory shed located in the easterly front yard at less than 60 feet from the front yard lot line, for enlargement of the same shed, and for a partially sunken hot tub and trellis accessory structures. This amendment will require the applicants to complete separate mailings with notices under Chapter 58, as well as separately notice for a public hearing and decision. 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: fri f ' Page 2—October 27, 2005 ZB File Ref.5742—J. and D. M..—, . CTM 116-4-31 AREA VARIANCES REQUESTED: The applicants wish to construct a sunken 54' by 112' tennis court at a minimum of 60 feet from the northerly front yard lot line and a minimum of 10 feet from the westerly lot line, at its closest points. The tennis court will be 24 inches below grade with low stone retaining walls, 24 inches above grade surrounding the court, and with a 6 ft. high fence on wood frame with screening is also proposed. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are proposing to locate a tennis court in the northwesterly portion of their property, mainly in the front yard and partly along the side of the existing dwelling. Maps A, B and C with different setbacks were discussed during the hearings with regard to a tennis court location. Option C with more conformity to the setback requirements is the maximum the Board will approve, with setbacks at a minimum of 60 feet from the front lot line at the northwestern section of the property and 10 feet from the side line, instead of 30 feet and 5 feet, respectively, and with the surface of the court finished with a rubber-like adhesive (such as deco or the like), applied as the finished top coat over a hard surface, such as cement or asphalt. 2. The benefit with regard to the tennis court will be sought by the applicants with alternative Option C, which will place the tennis court in a more conforming location and which will be constructed of a rubber-type composite to reduce the noise effects by players when hitting the tennis balls against the base of the court. Landscaping with trees will provide a main buffer between the tennis court and adjacent properties to the north and north/east. 3. The variances granted are substantial. 4. The difficulty is self-created since accessory structures may be placed in the rear yard adjacent to the waterfront side of the house without a variance. 5. Grant of relief, as modified, is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a sunken tennis court with 6 ft. high fence, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to GRANT the variances as applied for, subject to the following Conditions: 1) That the tennis court shall be located at the west side of the dwelling, in the northwesterly yard portion of the property, set back not closer than 60 feet from the northerly front lot line and not closer than 10 feet from the westerly lot line, shown on the map labeled "C" of 10/19/05; � r Page 3—October 27,2005 ZB File Ref.5742—J. and D. M;....., CTM 116-4-31 2) That the tennis court shall be enclosed on three sides, by mature evergreen plantings, continuously maintained at a minimum height of 6 feet, and additional screening with landscaping shown on the "enlarged site plan Sheet#2 dated 9/14/05"; 3) That the surface of the tennis court shall be finished with a rubber-like composite material applied over a hard surface such as cement or asphalt; 4) That there be no lighting for use after dark; 5) The fence enclosure shall not exceed six feet in height. 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 (� 1 16 4--0)..CZQLZ-Q,L. � . U��1J�-ti Ruth D. Oliva, Chairwoman 12/9' /05 Approved for Filing PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(516)765-4330 ' CE' E ) Fax::(516)765-4643 NO V j 2005 57t �f�s pxr— November 9; 2©0 FAPPEtts Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: James & Denise Martin SCTM# '1000-116-4-31 Re-scheduled Hearing Date: November 17, 2005 Dear Chairman: Enclosed please find Affidavit of Posting with green receipt cards received as of date for the above referenced matter. Very truly yours, PATRICIA C. MOORE By Betsy Perkins, LA bp Encls . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFFIDAVIT OF SIGN JAMES & DENISE MARTIN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-116-4-31 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore residing at 370 Terry Lane, Southold, New York, being duly sworn, depose and say that: On the 7th day of November, 2005, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, November 17, 2005. --- ./( (Pat -___ icia C. Moore Sworn to before me this rday of November 005 __ /OP ./_,_ Notary ilk kk lic sere &PERKINS Nay Public.Elated kWh* Na OVUM= cuw.a�e=eroa�co.ns7, 2�R conn+eeono�r►e�a++r�__ _.r *near the entrance or driveway entrance of the property, as the area most visible to passersby. I PATRICIA C• MOORE, ESQ• 4.Restricted Delivery? 3.Se"rvice Type ATTORNEY AT LAW „r� • 51020 MAIN ROAD (Extra Fee) 0Yes 4TIFlED SOUTHOLD NY 11971 2.Article Number 7192 6463 3110 1000 1304 COMPLETE THIS SECTION 'ON DELIVERY A.Sigfy: - ( Addre see or Agent) ; �� 111111 II'11 I II I 11111111 IIIIJ III 11111 II B. ece ed B . (Please Print Clearly) `-@ 7192 6463 3110 1000 1304 C.Date of Delivery AO b 41. Article Addressed To: D.Addressee'sAddress(IIDlfarentFremAddrossMod bysended NEIL T. M C G O L D R I C K 86 2ND STREET Secondary Address/Suite/Apt /Floor(Please Print Clearly) GARDEN CITY NY 11530' •• ii Delivery Address ' vi,- \l', City State ZIP+4 Code , ^ 'R�E'ie'';ESQr• 4.Restricted yDelivery? 3.Service � PATRICIA C. M00 ATTORNEY AT LAW ' ' ,.'i'' Type ' 51020 MAIN ROAD (Extra Fee) 0Yes CERTIFIED j SOUTHOLD NY 11971 ro- 2 Article Number I` i , 7192 6463 3110 1000 1311 i , COMPLETE THIS SECTION„ ON DELIVERY i A.Signature Ad re ee or❑ gent)1 . �. � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII, Alp B. Received By (Please Print Clearly) d 7192 6463 3110 1000 1311 rt2��mul , C.Date of Delivery 1. Article Addressed To: D.Addressee's Address(ifDflrnrentFmmAddressUsadbySendnr) ANTHONY & JOANNE C 0 L L E T T A 24 S. LEWIS PLACE ROCKVILLE CENTER NY 11570 Secondary Address I Suite/Apt./Floor(Please Print Clearly) Delivery Address City State ZIP+4 Code I PATRICIA C:°''M�e4RE,'.''E'SQ'•? 4• Restricted Delivery? 3.Service Type [ ATTORNEY AT LAW , , (Extra Fee) El Yes, CERTIFIES f ' 51020 MAIN ;ROAD - 1 SOUTHOLD NY 11971 2. Article Number I 7192 6463 3110 1000 1328 E COMPLETE .T,HIS,,SEC.TION:-0N DELIVERY, @ASS gn re. (DAddressee or❑A ent ICI IIIIIIIIIII1111111 I III�I� /n� "• �� I Ell I B. ecelved By. (Please Print Clearly) 7192 6463 3110 1000 1328 L' ,•10,a G11• /Ge'/( C.Date of Delivery 1. Article Addressed To: ' 1 D,Addressee'sAddress(yDlOerentFromAddrossUsedbySonded JAMES & LINDA E C KE R T 1635 MEADOW BEACH LANE MATTITUCK NY 11952 i Secondary Address I Suite/Apt I Floor(Please Print Clearly) Delivery Address i City , , State ZIP+4 Code' 1 —_-_ —� _--_ _ �_—__ _—_— - — —tel 1 Ir: PATRICIA C. MOORE, ESQ• 4.Restricted Delivery? 3.Service Type 7 rI ATTORNEY AT LAIN � � 51 20 MAIN R`0'A I,', ;1l ,�}, =I' ll ,(d tra>`eey ,�1' CE TIRED f ' Fet 1.ta it t•ii ! s it I SOUTHOLD NY 11171 2. Article Number 7192 6463 3110 1000 1335 ( COMPLETE,'•THISi.SECTION.ON DELIVERY„ . I A.Signature: or❑lAAg�enntt) Ill Ill 1111111111111111 HI I B. ceived By: (Please Print Clearly) 7192 6463 3110 1000 1335 kit 1r -t - , rem C.Date of Delivery 1. Article Addressed To: JOSEPH A• L E E D.Addressee's Address(tlDlAerantFmmAddresaUsedbySender) JULIE AMPER 1645 MEADOW BEACH LANE Secondary Address I Suite/Apt./Floor(Please Print Clearly) MA T T I T U C K NY 11952 Delivery Address City$ 'i ` r l • State • i ZIP+4 Code i i !,,'. tt r tiz tt ! h -i i ! I" PATRICIA C• MOORE, In rt y %ta `4-Restricted Delivery? 3.Service I^ tS �, �L:l�; °�' _x. Type !' ''t/ ATTORNEY AT LA f9 •:" t I r 10 { iM�AIN ROAD? • iI ;j; f ? ?.` ?' ; i ,(Extra,Fee)10Yes. .,i i C� TI�s�® ��„ SOUTHOLD NY 11971 2.Article Number ITI :1 7192 6463 3110 1000 1366 123' `w. COM,PJETE•TFila'SFCTIC?iJ ON-DELIVERY !, A.Sig"- r,A•drar r:r p t) 1111 11111111111 IU VIII 1 B. Receive y: Kase Print Cle y) It is II/ � 7192 6463 366 C.Date of Delivery 1. Article Addressed To: c 4bk` I CD 1<00s ®.Addressee's Address(NDiNereMFremaddressusedbysender) N JOHN D. STROD WENBOXDY K511MER 77952.9'.51 Secondary Address/Suite I Apt./Floor(Please Print Clearly) • MA T T I T U C K NY 11952 d Delivery Address City., i , i State . Zip+4 Code 1 i i i 1t 5--- -77,7:-----PATRICIA,', lh __._ ,,._.. __ h100RE, ESQ• 4.Restricted Delivery? 3.Service Type k ATTORNEY AT`,;','L=AW T II 51020 MAIN ROAD ; ,;; t; ,` 1,1 `' 'sl ;(Extra:Fee) DYes, 1FgR IFIED SOUTHOLD NY 11971 ' 2.Article Number • _ 7192 6463 3110 1000 1342 COMPLETE"THIS SECTION ON DELIVERY • +J A.Signatur (❑Addressee or Agen J X e�.4 .;,� 111111111111111111111111111111 I B. Rece �- _ _i d B . By: (Pleas- riot Clearly) 7192 ,6463 3110 1000 1342 i ii a C.Date of Delivery 1. Article Addressed To: . 6 D.Addressee's Address(ND .rentFremAddresaUsedbySended Secondary Address/Suite I SUTER MARTIN TRUST ALMA T. SUTER 1642 MEADOW BEACH LANE _ Apt./Floor(Please Print Clearly) MATTITUCK N Y 119 52 Delivery Address I. 1 i City' . Stater ZIP+4 Code I ;i i I( i : S . PATRUIA C. MOO ESQ. 4.Restricted Deliven .Service Type ‘1 ATTORNEY AT Lead • Mara Fee)111 Ye ZgRTIFIED 1 51020 VIKIN: ROAD - ,- t ' • - • - t • t0 U T Y 11971 2. Article Number , 7192 6463 3110 1000 1359 COMPLETE,THIS SECTION,ON, DELIVERY'. minim ti A.4 ture. (IDAdd see El Agent) )( Ill III II 1111 111111111111111111M I III / B. --cel ed By: (Please Print Clearly) 7192 6463 3110 1000 1359 jakit C, C.Date of Delivery ( 1. Article Addressed To: /(if - D.Addressee'sAddress(HDIfferentFromAddrossUsedbySenden BAYVIEW AT MATTITUCK HOMEOWNER'S ASSOCIATION PO BOX 871 Secondary Address I Suite I Apt.I Floor(Please Print Clearly) N ATTITUCK NY 11952 Delivery Address City State Z11.7 4 Code 6 _DNING 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: http://southtown.northfork.net October 24, 2005 Re: Town Code Chapter 58 — Public Notices for Thursday, November 17, 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 Times Review newspaper. 1) Before November 3rd: 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 new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all 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 not later than November 9th: please either mail or deliver to our office your Affidavit of Mailing (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) Not Later Than November 9th: 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 Posting during the meeting, or mail it to us before the hearing date. 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 Ends. NuTIcE CA- HEARING The following application will be heard by the Southold Town Board of Appeals at Town HaIl , 53095 Main Road , Southold: NAME : MARTIN , J . & D . #5794 MAP # : 116-4-31 APPEAL: Variances-Acct' Structures REQUEST: Yard Locations/New and As- Built DATE : THURS . , NOV. 17 , 10 :40 AM 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