Loading...
HomeMy WebLinkAbout6712 Buraem , ktcpLa*d, d t-orra oe las a.Sao Ole Suto Lane, Ata l-h`fuck 5 Ib 6~ia u"A-s butW'cbede- c-Adifta l t nj rou n,d Sw i wi m pool. Deck addi fi'rYt seFhc~e 3 ~cfke btu i khe~, r-ea v , ya d Td6 a-e a2 a e!~ 3 awe( S cd'e cla, z( 8.8'. pF f ~~q 1 4be j ed 3~ao/t Cures Cho-rin21 L.dn~~- dl e~U-~- ld . S1-o Q C~~ C6n~N1 BOARD MEMBERS OF Soul Southold Town Hall Leslie Kanes Weisman, Chairperson 9p 53095 Main Road • P.O. Box 1179 l0 E Southold, NY 11971-0959 Eric Dantes Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Homing 54375 Main Road (at Youngs Avenue) Kenneth Schneider ~yComm Southold, NY 11971 http://southoldtown.nor,thfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD 4i 0.4 • S Tel. (631) 765-1809 • Fax (631) 765-9064 R 2 55 2014 S~T Town# Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 20, 2014 ZBA FILE: 6712 NAME OF APPLICANT: Richard and Lorraine Burden SCTM#1000-122-4-15&16 PROPERTY LOCATION: 2800 Ole Jule Lane (corner Channel Lane) (adj. to dredged canal) Mattituck, NY SEORA 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 further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 30, 2013, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Dec. 23, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP, the conditions attached to this decision will mitigate the inconsistency and therefore making it consistent. PROPERTY FACTS/DESCRIPTION: The Applicants' property is a 31,321 sq. ft. waterfront parcel in the R-40 Zone, consisting of lots 122-4-15&16. The northerly lot line abuts a saltwater dredged canal. The easterly lot line borders an adjacent residential parcel. The southerly lot line adjoins Ole Jule Lane, and the westerly lot line lies along Channel Lane. The parcel has two front yards. The property is improved with a single family dwelling, a detached garage, and the "as built" swimming pool and decking that are the subjects of this variance appeal, with all structures as shown on the survey drawn by John T. Metzger, Licensed Land Surveyor, dated Oct. 24, 2013. BASIS OF APPLICATION: Request for Variances from Article XXII Section 280-116B, Article XXIII Section 280-124 and the Building Inspector's last updated December 4, 2013 Notice of Disapproval based Page 2 of 3 - March 20, 2014 ZBA#6712 - Burden SCrM#1000-122-4-15&16 on an application for building permit for "as built" deck addition and in-ground swimming pool, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required rear yard setback of 50 feet, 3) less than the minimum code required side yard setback of 15 feet. RELIEF REQUESTED: The Applicants request variances for 1) An "as built" in-ground swimming pool and wood decking with a bulkhead setback of 3.8 feet where 75 feet is required by Code, 2) a rear yard setback of 23 feet where 50 feet setback is required, 3) a side yard setback of 8.8 feet where 15 feet is required. ADDITIONAL INFORMATION: This property was the subject of two prior ZBA appeals. In decision #91, dated Sept. 11, 1958, a previous applicant was granted a variance for what was at that time a separate lot 122-4-16 for insufficient frontage of 97.39 feet on Ole Jule Lane. In decision #1196, dated Aug. 15, 1968, an applicant was granted a variance for insufficient front yard setback of 10.2 feet from Channel Lane in order to construct a detached garage on the property, in consideration that it has two front yards, and the fact that Channel Lane was an unpaved road/town row. The current Applicants received Southold Town Trustees permit #4324, dated May 26, 1994, authorizing construction of the swimming pool that is the subject of this variance application. The Town building department has determined that the pool was "as built" without a building permit. The Applicants do not have a valid Certificate of Occupancy for this pool. Additionally, the Notice of Disapproval appears to indicate that these lots have merged, in that it cites two adjacent tax lots as the "premises" and refers to the total square footage of each tax lot. Upon inspection of the property and review of the survey, these lots have been treated as a single lot with portions of a concrete patio and timber retaining wall connected to the single family residence on lot 122-4-15 encroaching onto lot 122-4-16 and lot 122-4-16 containing an accessory structure that would not be permitted on a single & separate lot without a principal structure. However, this Board did not consider that portion of the Notice of Disapproval that addressed the potential merger issue and this determination makes no findings with respect to whether lots 15 & 16 have merged. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 9, 2014, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The application submitted by the applicants notes that pools are common accessory structures and that the pool was constructed with a wetlands permit from the Town of Southold Board of Trustees. The Board funds that this reasoning, alone is insufficient to illustrate that the application does not have an undesirable change in the character of the neighborhood or detriment to nearby property owners. The Board requested that the applicant submit records of other variances granted for pools in this area of a similar magnitude of the relief requested to indicate the character of the neighbor. Generally, this neighborhood is located on a peninsula with approximately 40 waterfront properties located on Ole Jule Lane, of which approximately 5 have pools. The applicant submitted a list of properties (on January 22, 2014) that have pools in this area. However, with the exception of one parcel, SCTM # 1000-122-4-10 that received a variance from this Board (Appeal No. 4732), no other property received variance relief from this Board. Page 3 of 3 - March 20, 2014 ZBA#6712 - Burden SCTM#1000-122-4.15&16 Furthermore, the variance granted in appeal no. 4732 is clearly distinguishable from the circumstances here. First, the application sought only a single variance (distance from bulkhead), as opposed to the three at issue here. Additionally, the pool was permitted at 40 feet from the bulkhead, as opposed to the 3.8 feet requested in this application. Based upon the information provided by the applicant there has been virtually no showing that the application will not produce an undesirable change in the character of the neighbor. 2. Town Law &267-b(3)(b)(2). While the applicant argues that the pool was constructed 20 years ago, the pool was constructed without the benefit of a building permit or variance relief from this Board. From the precedent established by this Board, had the applicant complied with the law and applied for variances prior to constructing the pool, this Board would have required that the applicant locate the pool in a more conforming location. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 95% relief from the code required 75 feet bulkhead setback, 54% relief from the required 50 feet rear yard setback, and 41% relief from the required 15 feet side yard setback. In light of the substantiality of the variances requested and the undesirable change to the character of the community by granting variances of this magnitude, this factor weighs against the applicant. 4. Town Law &267-b(3)(b)(4): The applicant submitted in its application that-granting variances on this property will not have an adverse impact on the physical or environmental conditions in the neighborhood since the pool has a drywell that handles all runoff from the pool. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The Applicants constructed the swimming pool without a building permit, and they did not receive a CO after the construction. Furthermore, the Applicants purchased the parcel after the Zoning Code was in effect and it is presumed that the Applicants had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Denial of the requested relief is the minimum action necessary and adequate to preserve and protect 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 267-13, motion was offered by Member Horning, seconded by Member Weisman (Chairperson), and duly carried, to DENY, the variances as applied for, and shown on the survey drawn by John T. Metzger, Licensed Land Surveyor, dated Oct. 24, 2013, updated January 31, 2014. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer. Nays: Member Dant his solution w my adopted (4-1). c'~L Leslie Kanes Weisman, Chairperson /2014 Approved for filing 3 ~7 A\~\\\ IPOUNTY OF SUFFOLK • \ \4l RECEIVED rt® JAN 0 6 2014 ~~MM Steven Bellone SOARDOF APPEALS \/1" SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment December 30, 2013 Town of Southold Zoning Board of Appeals 50395 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie K. Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municiual File Number Burden, Lorraine 6712 Bay, Mladen 6714 Kooyker (Willem) & Corrente (Judith Ann) 6716 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H. LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th FI ¦ P.O. BOX 6100 ¦ HAUPPAUGE, NY 11788-0099 ¦ (631) 853-5191 OFFICE LACATION: OF SO!/lyo MAILING ADDRESS: Town Hall Annex lp P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) G Q Southold, NY 11971 Telephone: 631 765-1938 J\~ %~IyCOUFax: 631 765-3136 \ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD ,,C 71A rilf,et) 804 ku MEMORANDUM ufAppEAtS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner 1 LWRP Coordinator Date: December 23, 2013 Re: Coastal Consistency Review for ZBA File Ref RICHARD and LORRAINE BURDEN #6712 SCTM#1000-122-4-15&16 RICHARD and LORRAINE BURDEN #6712 - Request for Variances from Article XXII Section 280- 116B, Article XXIII Section 280-124 and the Building Inspector's last updated December 4, 2013 Notice of Disapproval based on an application for building permit for "as built deck addition and in-ground swimming pool, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required rear yard setback of 50 feet, 3) less than the minimum code required side yard setback of 15 feet, located at: 2800 Ole Jule Lane (corner Channel Lane) (adj. to dredged canal) Mattituck, NY. SCTM#1000-122-4-15 &16 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is INCONSISTENT with the below listed LWRP policy and therefore INCONSISTENT with the LWRP: 63 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The Board of Trustees issued a Wetlands Permit (4324) in 1994 for a pool and deck. The "as built" structures do not comply with the plans on file (See Figure 1). Correspondingly, the wood walk over bulkhead shown on the as-built plans was not approved under the permit. The applicant has the right to seek an amendment to the 1994 Wetlands Permit. CEO ~(osti p OA o r' ,0 , " lam hi°• yam' T ° 3a l..t r 'Air , 9 Figure 1. Subject parcel showing pool and deck approved in 1994. In the event that the application is approved, it is recommended that the existing landscaping between the bulkhead and deck (Figure 2) be designated a landscaped buffer to further Policy 6.3. Protect and restore tidal and freshwater wetlands. It is recommended that the buffer extend for the entire length of the bulkhead. A sample definition for a Landscaped Buffer follows. LANDSCAPED BUFFER - A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body i r 4 r ~~'7rr>k+{ ~ Yip ` ~ ~ ,gym r a i 17 41 + rt yyavµ 3y^ Mn>~'' 4 74 }fr. ~aTnkS~ i4 Yr?9 rf M~ `t ~~~5 F t14 . ~ ~P:. -2K 4Y r ? ` i i ? rt`f~ 3~ 'fir. ~ 'Tot Figure 2. Existing landscaping between the bulkhead and pool deck. A drywell for de-watering the pool was shown on the 1994 plan but not verified in the field. It is recommended that the installation of the de-watering drywell be verified. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. RECEIVED NOTICE OF DISAPPROVAL ULU 0 9 2013 BOARD OF APPEALS DATE: September 23, 2011 Updated: March 8, 2012 Updated: August 14, 2013 TO: R & L Burden Updated: December 4, 2013 2800 Ole Jule Lane Mattituck, NY 11952 Please take notice that your application dated September 16, 2011 For permit for "as built" deck addition with ISP at Location of property: 2800 Ole Jule Lane, Mattituck, NY County Tax Map No. 1000 - Section 122 Block 4 Lot 15 & 16 Is returned herewith and disapproved on the following grounds: The "as built" ISP with deck addition, is not permitted pursuant to Article XXIII, Section 280- 116 which states: "All buildings or structures located on lots upon which a bulkhead, exists & which are adjacent to tidal water bodies other than sounds shall be set back not less than 75' from the bulkhead." The "as built" deck addition is setback 3.8' from the bulkhead. Also, the construction is not permitted pursuant to Article XXIII, Section 280-124, which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town..." The minimum rear yard setback is 50'. The rear yard setback is approximately 23'. The minimum side yard setback is 15'. The side yard setback is approximately 8.8'. Authorized Signature AREA 1000-122-04-15 = 15750 sq.ft. BUILDABLE AREA = 14,124 sq.ft. LOT COVERAGE - HOUSE 2963 sq.tt. POOL 8 DECK 2261 sq fl. 1000-122-04-16 = 5124114,124 = 36.3% 5124 sq.ft. SURVEY OF PROPERTY N AREA BUILDABLE AREA 1 14 906f t A T MATTITUCK sq,ft. P~ LOT COVERAGE TOWN OF SOUTHOLD GARAGE 6 563 - 5q.rr. 563/14,906 SUFFOLK COUNTY, N. Y. 384y, ~ j \ - - \N~ ~ /Py1Fit ~ N~end Fs 1.1'E. 50.~/ lo~~ 1000 - 122 - 04 - 15 8 16 LA o Scaler 1" = 30' 30 / of e N 4.3 95 \ ut Oct. 24, 2013 / k 45ti °s? a\,NO F y Jan. 31, 2014 (pool drywell) MN vwe set I d I \ o vy q, v 4.31 OW 60 ,0340 06 pe° ,yy9 0 n °o W \ u? °ma ° ~ moo. 'moo f d`b 2°:S 7 RECEIVED ~ ~0J ° 6 o . It, BOARD OF APPEALS a f~C ~y1 /SOFA°• ~p Po o ~a~° ry y6•% / \ t m 'Ja, s~ 5~ 4 5 40 ° o ° y1 61 LANEOFNE F Ike d • ~LE~ FINAL MAP REVIEWED BY ZBA ;iN SEE DECISION # ell A DATED I Dd LAND LIC. NO. 49618 ANY ALTERA7/ON OR ADDITION TO THIS SURVEY IS A VIOLATION PECONIC SURVEYORS, P.C. • = R£BAR OF SECTION 72090E 777E NEW YORK STATE EDUCATION LAW. 631 765-5020 FAX 6 EXCEPT AS PER SEC77CN 7209-SUBDIVISION 2. ALL CERTIFICATIONS 31) 765-1797 The location of wells and cesspools shown hereon are HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P. 0. BOX 909 from field observations and or from data obtained from others. S410 MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 11-225 RECEIVED Fee: $ Filed By: Assignment No. U 9 1U 1 OFAPPEAL.S APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE HouseNo.28CO_Street QlaJUIV FlinPi Hamlet /'/47/f~(7G~ SCTM 1000 Section Q)- Block b'7 Lot(s) Lot Size ~S7oZone 9'70 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED_) -I{ - c?013 BASED ON SURVEY/SIpTEPLAN DATED 10 -a'} - 02013 Applicant(s)/Owner(s): ~Offploe olcila(Gf Ry l Mailing Address:_;&0 0% ,1 Anee TelephoJ" 9ppp_~ap6 Fe IIIgI(~'~~O'/qgo~ Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: for( )Owner( )Other: Address: Telephone: Fax: Email: Please check to sped who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), Authorized Representative, Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED W-01+13 and DENIED AN APPLICATION DATED 3 0- l - FOR: ( ) Building Permit ( ) Certificate of Occupancy O Pre-Certificate of Occupancy ( ) Change of Use (4 Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1 Article: xX (I I Sec a clk0 Subsection: 7 Type of A peal. An Appeal is made for: (wjA Variance to the Zoning Code or Zoning Map. ( ) 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 ( ) has, (b,/) has not been made at anv time with respect to this property, UNDER Appeal No(s). I 19r Year(s). 1169 (Please be sure to research before completing this question or call our office for assistance) • • RECEXVED j 2 DEL 0 9 2013 Name of Owner: ZBA File# 130ARD WAPPEALS REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: l ~~11 `~aJS are coMMoli gcce-5- or GvGS pone WA Trustee q.p forva L I 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: 1 No ~117~~ r p lac B 40 ! o-A 0a f top" I 3. The amount of relief requested is not substantial because: 1 P4 T/P/o J~efe were no bulkiieD -!Acid 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: pp (r~/~ in oqr fe/e/l handles rvno7~~ool P~n~pl~ ~pTles ~y 5. Has the alleged difficulty been self created? {?Jflyes, or { } No Why: / We Aj DEG lt TrvAece, ciPf t 4l uAp sac) V(41 lessJ 44d OVC u 0D ~i ~~%on a ro?a are M'15S Are there any Cove t~aAts or RestrictionUnceming this land? { } Nb { } Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. _/&L)-J- Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Swo [o before m tl is ~ day i of~20. L( Notary Public Now York Notary l~.~l 1~ Qualified in Suffolk Co96 unis Commission Expires July 28, , / _ 44ECEIVED &PLICANT'S PROJECT DESCRIPTIO tJb-L 0 9 2093 APPLICANT: 1 t`rd~ LZI DATEPREPARED: BOARDOFAPPEALS 1. For Demolition of Existing Building Areas Please describe areas being removed: Il. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: A Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by pbuilding ea: 1/ V. Purpose of New Construction: Ae T~'/ h"Cj p7 VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): J rear house Des ti, Nid e f ire/b° i Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 • • RECEIVED QUESTIONNAIRE O LL 0 9 ?013 FOR FILING WITH YOUR ZBA APPLICATION BOARD OF APPEALS A. Is the subject premis s listed on the real estate market for sale? Yes No B. Are here any proposals to change or alter land contours? VNo Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? NO 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bA headed between the wetlands area and the upland buildi g area? eS 4.) If your property contains wetlands or pond areas, hav you contacted the Office of the Town trustees for its determination of jurisdiction. PS Please confir stat~ s of your inquiry or application with the Trustees: Y u; A fa?a a a~l ~q9~ and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 00 E. Are there any patios, concrete barriers, bulkheads of fences that exist that are not shown on the survey that you are submitting? IVO Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? /UCH If yes, please submit a copy of your building pe t and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. IG+;p2`I - 100 , 1. Please 1'st1~ese t use or operations conducted at this par el feslclence s I ny f pm t~ and the proposed use ~pp . (ex: existing single family, proposed: same with InI garage, pool or other) Authorized signature and Date • • RECEMD / ill o~ AGRICULTURAL DATA STATEMENT 11H, 0 9 Ml ZONING BOARD OF APPEALS 330ARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m anddD 239n of the General Munpi(nc~ipal /Law. 1. Name of Applicant: lorfy, (lil , Dt~k R11 e11 r t 2. Address of Applicant: 12A80D f9 u G 3. Name of Land Owner (if other than Applicant): Came 4. Address of Land Owner: Sklye- 5. Description of Proposed Project: Q Px ' IJ??@ iAd h0U-se LtdAdCLLk gfOt7A 6. Location of Property: oad a d T number) t, oZ a a~ TtzI. Zn2map lobo - 7. Is the parcel within 500 feet of a farm operati n? { } Yes { } No 8. Is this parcel actively farmed? { } Yes {V No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 1 J ~a1a~ 3 Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. b a RECEIVE[) 617.20 Appendix B OEC 0 9 M Short Environmental Assessment Form BOARD OF APPEALS Instructions for Comoletint? Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part I - Project and Sponsor Information Name of Action or Project: Project Location (describe, and attach a location map): Brief Description of Proposed Action: Name of Appli f or ponsor. Telephone:6 j i _aq g (p~C',) E-Mail: Address- Re p \ po oI~ Jule cityrno: state: Zip pp L Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: 3.a. Total acreage of the site of the proposed action? t acres b. Total acreage to be physically disturbed? ,SIT- acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? r10acres 4. Check all land uses that occur on, adjoining and near the proposed action. Urban ? Rural (non-agriculture) ? Industrial ? Commercial p(jtesidential (suburban) ? Forest ? Agriculture ? Aquatic ? Other (specify): Parkland Page I of 4 • RECIEx LE a 5. Is the proposed action, 9 ~Q~ NO YES N/A a. A permitted use under the zoning regulations? / b. Consistent with the adopted comprehensive plan? BOARD OF APPEALS v 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No, describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: V 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b. Is the proposed action located in an archeological sensitive area? 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YE wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14. I tify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: 9Mhoreline ? Forest ? Agricultural/grasslands ? Early mid-successional ? Wetland ? Urban ? Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? JIL 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YES If Yes, J V a. Will storm water discharges flow to adjacent properties? U( NO ? YES b. Will storm water discharges be directed to established conveyance systems (rug6ffand storm drains)? If Yes, briefly describe: 9 NO ? YES ~ Page 2 of 4 Y RECEMD b~ a • • UEC 0 9 201", 18. Does the proposed action include construction or other activities that result in the impoundment of )Jft PEALS water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes, describe: / V 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? If Yes, describe: V I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: O Signature: Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 f ICFS" No, or Moderate small to large 30ARDOFAPPE 4%pact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ? Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ? Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 • ? • RECSVED pof IJEC 0 9 uJ APPLICANT/OWNER BOARD OFAPpEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. D YOURNAME: f}Q UL)fJe_/\ 1 7~IGll~r S (Last name, first nam7e, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit ? Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. / YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town offtcbr 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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of O 8L 200 Signature Print Name ~t_. S '7(-)Al, AECEIVED Town of Southold lJtl, 1)9 7_Ut: LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to (check appropriate response): Town Board Planning Dept. 0 Building Dept. LN Board of Trustees 0 I . Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: 11 ~n~rovn) poi 1J I Location of action: M A")e v~ 11q§ ECEIVEV ? Site acreage: i a ULL U 9 LUI; Present land use: Raje!l~t j BOAROOFAPPEALS Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: kICur_]] dl p U'JBr, N p (b) Mailing address: ~fet(>vK t (c) Telephone number: Area Code ( ) 3 ! oCg~j (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ? No V~ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ? Yes ? No (Not Applicable -please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ? Yes ? No N (Not Applicable - please explain) • • ~ECl~ti/E~ Il li 4 ?fl1'~ Attach additional sheets if necessary BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria 0 Yes E No X (Not Applicable - please explain) rid- e 110mc Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes 0 No 0 (Not Applicable - please explain) b wi G s ~ arrrtn 5 ,r ,`b, 0 bV O1i Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria 0 Yes E No ® (Not Applicable - please explain) c Ism Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~i Yes No (Not Applicable - please explain) (rmill A~ p l B.~ r~rtc~gin5 C~+lu.l ~z'~"zt~ t,Jci~tr Tl©W P~~~I~~Gt 171 t I 46 h yhWe~Vlt OI mp L 10QL f1 1 T1111 $dl l 111 PV MP Co ~ fiefs I d o M ~j cd kjar p • RECEIVED f IJH' Q 9 lily Y~ D OF APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. ? Yes ? No%(Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ? Yes El No 1~ (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. EE ? YeAE 1 No (Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-depen~ha% in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. a ULC 0 9 201 r ? Yes ? No F~ (Not Applicable -please explain) APPEALS 40ARD OF Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes ? No ? Not Applicable - please explain rc In cle-UT,-64 e e o o VCr VO i r o fd'~19 0~ Attach additional sheets if necessary C~ p Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ? Yes ? No q Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No FLV Not Applicable- please explain !EI~E~~EI) TOWN OF SOUTHOLD, NEW YORK DATE 1968 ACTION OF THE ZONING BOARD OF "TEMA 0 L L 1 h 0 O Appeal No. 1196' - Dated July 18, 1'968 IJ d ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD IOARD OF APPEALS Austin B. Tuthill To Ole Jule.Lane Appellant Mattituck, New York 11952 at It meeting of'the Zoning Board of Appeals on Thursdays 'August 15i 1968 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article Section Subsection paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7.30 P.M.(R.D.S*T.), Upon application of Austin B. Tuthill, Ole Jule Large; Mattituck, New :York, for a variance in. accordahc a with the Zoning Ordinance, Article III, Section 306, for permission to construct: private one .car .garage .and storage building with:insufficient front yard setback. Location of property* Channel Lane and Ole Jule Lanese Mattitucks N1>gc. York, banded north by, canal, east by Ho :Terien, south by Ole Jule Large, west by Channel Lane. * * 2. VARIANCE. by resolution of the Board it was determined that - (a) Strict application of the Ordinance (would) (would not) produce practical difficulties. or unnecessary hardship because SEE -REVERSE. (b) The hardship created (is) (is not) unique and (would) (would not) -be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. Z ING BOARD OF APPEALS , FORM ZB4 Barbara C. Dittman, Secretary E1tL U y ZU13 After investigation and inspection the Board finds tha:the applicant requests permission to construct a private one car garages gOARD OF APPEALS and storage building with insufficient front yard setback.. This property has frontage on two streets, Ole Jule Lane and Channel Lane. The front back setback requirement would be violated on Channel Lane. The Board finds that this road is not even cut in, tared or paved, and it is unlikely that this road will be cut through by the Town. There is only one building lot on this side of Channel Lane, the one in question, therefore, no front yard setback is being established. In general, the Board if in agreement with the reasoning of the applicant. The Board finds that strict,application of the Ordinance will produce practical difficulties or unnecessary hardship; the ;hardship created is unique and would not be shared by .all property alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spiritof the Ordinance and will not change. the character of the district. Therefore, it was RESOLVED Austin B. Tuthill, Ole Jule Lane, Mattituek, New York, be grafted permission to construct a private one car garage and storage building with insufficient front yard setback as applied for an property located Channel Lane and Ole Jule Lane, Mettituck, New York. JC'oa ~j~91/ . • FORM NO. 4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office RECEIVED Southold, N. Y. ncr, 201 3 804RD OFAPP64LS Certificate Of Occupancy No. 25685...... Date Dee ......10....' 19.73 THIS CERTIFIES that the building located at Ole -;!4q - La , , . _ Street Map No.. XX........ Block No... .....Lot No..[ . - . Mattituck . . . N. ...Y. conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . . J'...i.8.., 19 68. pursuant to which Building Permit No. '.+1394.. dated ?R?y , 19-04., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is } issued is ..Private. garage (aecessory use) t The certificate is issued to . Austin....... B . Tuthill ....."wnef . ('owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ...N~~. UNDERWRITERS CERTIFICATE No. ...1`....'........ t HOUSE NUMBER 2800 Street Qle .Jule ,I4 B . Building Inspec r i 3. Nature of work (check which applicable,w Building ......y.......... Addi,. Jn Alt* Repair Rem/oval Demolition.................. Other Work (Describe) 4. Estimated Cast ....(Y..0.0.0.eo- ........5.................................................................. (to be paid on filing this application) 5. If dwelling, number of dwelling units ......77................ Number of dwelling units on each floor.........,,.............. If garage, number of cers QN.lz.....Q_ RECEIVED b. If business, commercial or mixed occupancy, specify nature and extent of each type of use " Z~13 U 7. Dimensions of existing structures, if any: Front ._......~f Rear .Depth V Height Number of Stories DOARDOPAPPEALS Dimensions of some structure with alterations or additions: Front Rear Depth Height ............'.............Number of Stories 8. Dimensions of entire new construction: Front ...,.Ai..J' ............::.......1 Rear Depth ..°:Fd[......... Height ~..~.......f~Number 9f Stories ...............Gl . 9. Size of lot: Front :47...3..9........fTRear J.Q..140-3..fa Depth ......j.sa... . p 10. Date of Purchase ......~.1...~ .I•~O.../ ............................Name of Former Owner F-,vt y.C,rC.,a...... 1~,,..L..!Ke.5..at..N 11. Zone or use district in which premises are situated ,.....1 . 12. Does proposed construction violate any zoning law, ordinance or regulation? ~.ET...:..(3.!3.4:f...'.~.~NN6L 13. Name of Owner of premises P1L5..V;.V...8 *VTNllcSA.ddress MA77.T„7.1: C..k..... ?..(Y..... Phone NoeZlf:7 R Name of Architect Address Phone No. _77, Name of Contractor .......Address Phone No....... PLOT DIAGRAM jAM S L' B Locate clearly and distinctly all uildings, w ner ing or proposed, and indicate all set-bock dimensions from property lines. Give street and bloc number or desc iprion according to deed, and show street names and indicate whether interior or corner lot. LP N-9 OF J. Zr-,3 ROSKI' IJ`,%V, C`HA,~L I n 9 I !-Ari 0 pc 4, 8, i u r.t,~L I rc ~IIX() H V 01-E jw~c yft'4' STATE OF NEW YORK, I COUNTY OF JS.S. VSTl N, TF{/L~ being duly sworn, deposes and says that he is tine applicant (Name of individual signing application) above named. He is the (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swam to bgfore me this .y-- ......L.d day of 19.0 1.lXNN71 X u r -dL applican . Notary bli . ....J..........r......~.. YE( rJty (Signature re of of applicant) PUBLIC, Stale nte of ~ NOTARY 52 at Made Ym No. . 5251585]0 Residing in Suffolk County Bpmetissisian Wines March 30 30. , 1 @17°CJ swum" Taint Ms" sf fir •ar Ampass is, it" RECEIVED Mo ca1m"I As s we is trss twls shessh rw have 97 tootp-4,S, 03 2013 Mo Jain 4se. VMS to a sie•NMped lot. Me TtIO<hiILto No. BOARD OF APPEALS *wm Tual No to a ans No at the carve tiers. it's the tires let as, res Some at of the Sasve. =6 0641MAXI Tim be" tee MASS sad thlsgtves the &Msasios at oft? 1R. TUlhii"I tight. To t "age the lets 6WA*t at sspacate titres? tsh. TUMILLt Too. Nt. Ileti MI Wo straotars is an oots lot. NT. TU11 •oe. na (MAItNANt tot &*&in@ pwrpssos it is all owe lot. fee you p hacking to soli ow let? NR. TUEMILLt lie. Till CHANWN1 Tie hoase gas an the property Bohr you bought V 't Me TUINUAa Thsrs is aaetwsr application, in, and ajoroved to add veto the, Ouse side st it. WWARD TSRRYt The house 0111 over-bang both lots. Me NAMNt Ibam this will •loays be an lot? MR. WMILLt Yvs. 14 TNS CHAtMAXI what is yo'.~r totei aoroaytat Mgt. TUTNILh.t Abeat 3/3 of an scrv. THSh CHAIR M This lot is :Lout 100 test by 135 fast. Nit. TUTI S"I The same am Is the sari. TM CNAINW.Al clommol La.De is t=hat t Doss 1% go asyaisro? WWARD U"Vv It s a 50 loot reAd that tie Ions hoe soles takes, Slows T" QMIRMNNt Uhat 0sa the purpose at having It cut is twro. to rem" the are"? 11MARD TIMM to was part of the dsnl shat the rote took uvar Jalo cans. TOWN OF SOUTHOLD, NEW YORK RECEIVED vLJ~ ACTION OF THE ZONING BOARD OF APPEALS DATE ...44ptr...18.r...1958 OEL 9 ,i v" Appeal No. 91 Dated August 26, 1958 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD 130ARD OF APPEALS To Julius Zebroski Appellant Bay Viet Bead, Southold. Her Yom At a meeting of the Zoning Board of Appeals on September 11, 1958 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special permit under the Zoning Ordinance (x) Request for a variance to the Zoning Ordinance SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be granted ( ) be denied pursuant to Article Section.................... Subsection................ paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (vIDtalmi produce undue hardship because let has required water frontage and is in excess of required depth, while frontage looks less than 3 feet. (b) T;e hardship created (is) (iM=) unique and N PIM (would not) be shared by all properties alike in the immediate vicinity of this property and in the some use district because other lets in area are in process of development and road frontage varies between 90 and 100 feet. (c) The variance (does) (monscomM observe the spirit of the Ordinance and (vow. ) (would not) change the character of the district because other lots in area are of smaller or and similar also in width. and therefore, it wos further determined that the requested variance (x) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( x) be reversed Property bounded on the north by dredged canal, on east by land of the petitioner, on south by Old Jule Is" and west by Channel teas. lot 97.39' on the southerly line, easterly and westerly boundaries are 155' and the northerly line is 120' is width, at Nattituck, New York. In granting this variance it is the understanding of the Beard that an engineer's desorijltioa of the property will be furnished to the Beard so that said engineer's description may become a part of the file. ZONING BOARD OF APPEALS Grac6 B. ~ f 19 Secretary ~ Form ZB4 all! W, "6* i S" r ~ ?n+ x r a r y4 r"Sx sr r 4 c ',,.~~xw ,kw -w'~ r 1 hX T v" ~ Jx i e.., poi i 1 ,y}} rrxKK x xtn b' * I #K x .u'r x a v < ~C ax. ~i~43a k T ! t } k r^,N s x f:w CIO 4{ `S`At it Yx s1 `5+~y all ~ tYxs. SJK G,. f :fir. ~2A J, }amp , x ~ 5,n owl 41 F} <k 4} { i r K" v~j .T"{ ;:at„u w~ , wTi1'r«m'sY.ra , y &muYW~: 1 rx, r r.. ft' ~Fer t.`r L'otft'k ys K'sr c r ~ o L i6 fM~j2' ~x k "•i V ~ e x x 't x' qj; Ar~ a 2. t 5 J f R f ~y m`#~ .F-, P'fin ~ flc. r v 4 x a oY J' .'1w "fir ti~ t.; d..S ° t ~ f",yY w.:a ct °m ~ ~hxY x.Pt~ri'~ t'„~'# X43 i. 3 ' r ~s3E~EIVE® FORM NO. # r L 119 0i3 TOWN OF SOUTHOLDOAItDOFAPPEALS BUIIAING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. Z6816• • Date Dec 36 19.75. THIS CERTIFIES that the building located at N/W. Ole. Jule . Lasts Street Map No. ?n........ Block No. ?PP; Lot No, . = . MaltUtAgX.. A J r conforms substantially to the Application for Building Permit heretofore filed in this office dated April... 5 19..7.1 pursuant to which Building Permit No. 52,072. . dated Agr11• 19.71., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Private,ope.faAgy dwelling with an sddition . The certificate is issued to . Aust3A 111tIi111 Q%Me3z (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N.•13r . UNDERWRITERS CERTIFICATE NoAt4? . HOUSE NUMBER .....2600 Street A] a .Jule . Lane . Building Inspector FORM NO. 4 L V //gg 9 zul;j . TOWN OF SOUTHOLD B0ARnOl'ApPEALS BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. 2,5684...... Date Dec...1.0....... 19.73 THIS CERTIFIES that the building located at N/S .01e, Jule • La.......... Street Map No..xx......... Block No...g..... .Lot No.. xx.... Mattituok..N.Y...... . conforms substantially to the Application for Building Permit heretofore filed in this office dated ..............Ju3.y ..18 19..68 pursuant to which Building Permit No..3968Z . dated ............Jl,y 2.3, 19.68., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .Private. one. family. -dwelling. with. Addition. on.W/S . The certificate is issued to ..Austin. B...Ti thill Dwnar (owner, lessee or tenant) of the aforesaid building. Suffolk County. Department of Health Approval ...N.R. UNDERWRITERS CERTIFICATE No. pending HOUSE NUMBER ....2800 Street Dle - Jule. La • . ...............................jr.I................................ 111 WWW _Building Inspector i FORM NO. 4 • 6 ~h JEC to y La TOWN OF SOUTHOLD BUILDING DEPARTMENT 30ARDOFAPPEALS TOWN CLERIC'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY , 19..~~. No...... z..439....... Date A0.0flAbOr..I........... THIS CERTIFIES that the building located atA/A....014...7Y ~.JAMtA*:g A*1Stxgttye Map No. %4.141P..... Block No.. !!t! ...............Lot No....... conforms substantially to the Application for Building Permit heretofore filed in this office dated MOX04 19.".., pursuant to which Building permit No... ~a.. 4 . . dated ...........................r~.. 19.Jr.9.., was issued, and conforms to all of the requirements of the applicable provisions of the low. The occupancy for which this certificate is issued Is PRIVATE ONE FAMILY„MMLLINtI L........Therienti................................. owner.......................................................... This certificate is issued to H©reoe (owner, lessee or tenant) of the aforesaid building. ~7itr... Building Inspector HOWARD M. TERRY ` TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT S LOT _ cif FORMER OWNER N _ E ACREAGE 1 k4p ~~T~Q f- R. c, PowNK oRS 2: I S W TYPE OF BUILDING RES. SEAS. VL. FARM comm. IND. CB. I MISC. LAND IMP. TOTAL DATE REMARKS ~G gC'G VD 0 r y3/s3~~b L / - 1 n c c, /J Tr r f 5' ~N..NDJ- Uc~t91aad 71-,k// fo / Y~ ~e l ru7/ NEW NORMAL BELO ABOVE lue Per A Value Tillable I Tillable 2 Tillable 3 Woodland i Swampland, m Brushland _ 0 House Plot r Total- ~ , 0 9 ZUf3 % appleft n S m I - i fig !0 s~ S~ M1 !A ~a Foundation Both M. Bldg. Extension 2 r 9 Sa Bo3ement i- Floors Extension 6 f Ext. Walls Interior Finish E. ion / p S o 0 3 0 O Fire Place 115 J` Heat u p o 8 _ I Porch Attic Porch Rooms 1st Floor P6tio Rooms 2nd Floor Breezeway Driveway Garage eve x Y'= 0. B. i i zi as _ 1-.TOWN OF SOUTHOLD PKOPERTY RECORD CARD ; OWNER STREET VILLAGE DISTRICT SUB. LOT ?icAaY~LUU.rs{~ Lo I v/d„ e d~ 1vc FORMER OWNER NE ACREAGE T f i T `d n a/ /Yid~~ 33 m S r W TYPE OF BUILDING ~rlce-. oai ~.w/k ~e u 3 n e Z rFa, -?43 SEAS. VL 9 FARM COMM. IND. ( CB. I MISC. IjEst. Mkt. Value >ND IMP. TOTAL DATE REMARKS 3aa 64 "5 5"o a _X-U 0 ,1"0 0 J11-71611 V1311 bo 00J it 6 g111 S.ee r/.5"/ra T~f///~o rr~ 9ae3 o b 3 0 0 6 C IG - L_ 19_LLT ' O Trax l f Rc r wV O LY.27 Soo a /&DO P P/7 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER O S~ 0__ ~,Z 6 O Farm Acre Value Per Ace Value FRONTAGE ON ROAD Tillable I BULKHEAD -illable 2 DOCK likable 3 Noodland iwamDland Irashlond louse Plot rota l I ' L Bldg. Foondotion Bath N tension E_L Walls Inters tension- fi Interior Finish .tension' Fire Place Heat Porch Roof Type Porch Rcoms 1st Floor eezeway Petro Rooms 2nd Floor trcge c2/ ,Y1 G S~6 5 0 _x.7,3 ,DrlvewaY Dormer B. v • r e ~ sr r oil ' .fir?~_...k.'.+-':~~%'?.` ~fi:~-~ ..,n=~ _ lj~ 2 sp a ~ ay '11zv '-4 5 ;RECEIVED l -2 )f l Q 9 ?p,,, "J ARD EALS -Aill ti Board Of Southold Town Trustees. 4.. SOUTHOLD, NEW YORK i PERMIT NO. 302- 'f DATE: ....51.26/94. _ ISSUED TO i;IGHARD ~U.RD)yN i k C •x Pursuant to the provisions of Chapter 615 of the Laws of i 1 the State of New York, 1893; and Chapter 404 of the Laws of fie State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the» REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM \ LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on . 5.12,6/4.4` l 19._...9} and in consideration of the sum of $150..00__ paid by y . *a I.CHARD_ RURDBN... _ } w of .-Mattituck N.Y N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, ' of Southold Town Trustees authorizes and permits the following: N " f To replace (within 1811) 107 l.f. of exist. timber bulkhead, add 15' return on west side and 20' return on east side. New bulkhe 18" higher. 50 c.y. of spoil behind bulkhead. Const.• 201X40' pool & decks. 75+/- c.y. sand trucked in. Mattituck \ all in accordance with the of detailed specifications as presented in /f f the originating application. i s IN WITNESS WHEREOF, The said Board of Trustees Ill by causes its Corporate Seal to be affixed, and these presents to t be subscribed by a majority of the said Board as of this date. as / i er ~ ~(JI ~ l nis a ~OgUFFO(,~c ELIZABETH A. NEVILLE, MMC goy Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 CA Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS "p • .tC Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 9, 2013 RE: Zoning Appeal No. 6712 Transmitted herewith is Zoning Appeals No. 6712 for Lorraine & Richard Burden - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Updated December 4, 2013, Two Pages of Action of the Zoning Board of Appeals No. 1196 Dated July 18, 1968, Two Pages of Action of the Zoning Board of Appeals No. 91 Dated September 18, 1958, Certificate of Occupancy No. Z6816 for Private One Family Dwelling with an Addition Dated December 16, 1975, Certificate of Occupancy No. Z5684 for Private One Family Dwelling With Addition on W/S Dated December 10, 1973, Certificate of Occupancy No. Z439 For Private One Family Dwelling Dated December 1, 1959, Copy of Property Record Card (Both Sides), Photos of Property (Showing Pool and Deck), Permit No. 4324 from the Board of Trustee Dated May 26, 1994, Permit from New York State Department of Environmental Conservation Dated June 23, 1995 and Drawing of Headers, Drawing of 20 X 40 Pool from Swim King Pools, Survey of Survey Showing Property as it Exists Dated October 24, 2013 Prepared by Peconic Surveyors, P.C. • • ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12-9-13 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECEIVED 6712 BURDEN, Richard Credit Card $1500.00 DEC - 9 204 Southold Town CIO* TOTAL $1500.00 Sent via Inter-Office to Town Clerk by: ES Thank you. • 6 4312643928041 TOWN OF SDUTN0ID ZBA BRIDGENAMPTON NAT BANK PO BOX 3005 BRIDMWPTON. NV 11932 631-765-1809 12,06,13 11:24:22 DETAIL REPORT Batch Nw: 340001 Marchsnt ID: 118895560693 TT Sale Total Acct N Inv N R IWO.BB 1500.00 V16927 000001 m Grand Totals K ' Sale Total: 1 f 1.500.08 Total: 1 f 11508.00 431264392884 TOWN OF SOUTHUD ZBA BRIDGEWPTON NAT BAN( PO BDX 3085 BRIDGD"TON. NY 11932 631-765-1809 Term ID: 004 Ref N: 001 Phone Order Entry Method: Manual 12i06r13 ry~001 110.2~1pp4p1 431264392884 TOWN OF SOUTNXA HOLD ZBA Inv 4: 000 ADpr Code: 00091 A,, p- te BRIDGFIWWTON NAT BAN( PO BOX 3005 ADprvd: Online Batchu: 34/a6,1 0 BRIDGEHf4WTON. W 11932 631-765-1809 V,' M 12,06,13 11:24:24 TOW REPORT Total: 4 156,.00 Batch N.: 340801 I sores to Pev above total amount Host Name: PAYN according to card Isaias- agreement Merchant ID: 118805500693 Mrchantppagreeuent if credit voucher) Card CA Sale Total By - V1 1 1500.00 1500.00 Sale Total: f 1.500.00 Total: f 1.500.00 I 1M" ! Merchant Copy 431264392884 TOWN OF SOUTHOLD ZBA BRIDGEHNPTON NAT BANK PO BOX 3085 BRIDGEHOPTON. NY 11932 631-765-1889 Ten ID: 004 12,06,13 11:24:43 SETTLEMENT SPORT Batch Ns: 340081 Host Name: PAYM Merchant ID: 118805500693 Sales 1 f 11500.00 Total 1 f 1.500.80 Settlement Successful i ~ ***RECEIPT*** Date: 12/09/13 Receipt#: 159885 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6712 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type Amount Paid By Credit Card $1,500.00 Burden, Richard Name: Burden, Richard 2800 Old Jule Lane Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6712 kE7CEiVED AA ~~!a . ~ N eta 4 \ r'~ya .'"'I BOARD OF APPEALS 5 ~ ^ ~o D ~ ~~,as e n 1° NA_~\ I 661 6 w '2j ? ~~i ~a 150 yds.• m ` Al i js. 5 .a~..evaaa m~e. aaaawM %'ras~.w+mcwmn'M~ ~ „gmwww^v.nP.gawC / ra+a ~ra~ww r~drs~~+> y.~.aa SURVFY~O ~C,2 AT MA T AZ i ~ :RSpZTAMTg IMC hpr2TH SEA Amended . 2 r°43; JIX/'I. 6> 1994 SCJTHAI,,TpM _ =~t7e?."`¢ ) _ - 515.2636360 M,Y L988 Gl/? i1 L~ ,y x f7s _le~ariortdatum: meekn Sea ~vs/ . V ~_7 ~-f G Q1 ljfollc %o. Tax M=a~ ~5/a'-r0^t. _ icFns~'c~ trYvec}ars tree r?.l.. ors %.'ew) ark RECEIVED _ JAN c .4 ~YCM ~LL o~~r BOARD OF APPEALS ` Lu,ciaoLK Cc h'e4GS.^.-~i~tr * a a > ns1f2 I °=3cc®' a aLo° n CRT OaiTJ ALsv' (JuFYS~/ J.d T~ ~„/trsi -u-co 'Q P!>Aj F'O S~ CA:O SIOS@ 4 oow-rRoz-y PK'f VA ~;n In C l e415d+9c~/aT GSC~/C~.sa:- ~ rl vl 4V~i 1 p,Roo&SAO 5+./4rt-mv,G Pew, e. g G~~4'~ < a I+jETLIeE EBti XOUgc' fN0 i9e4:..Yh'RSdFb lvFm° J~HOCa+n{ . IATTIZ 04 ° 8J v w Tc as rrwrr `'Ysr -ice` e I iRfl~I J {s 11 i ~ • y T Q ,~DD A, a d y 8 Ya' t'9SAT:¢'®R r7 :w 3"L4M~0 qq jl sw<e ~.sS pptltl I ® G S{oLPP L,6YEL ~ 4g ~ ! ST'aRY PLot/g~ ~ J ~ r ,~smT I .70 Iva ej 4j t p to .6 Ar I-, p, kYs Ric.r_a 0 fe EY/3T/NL 64/10 + `f, Y. 11g>>-:? ¢d 1f~47~aL-~~ ~ ,!1f- N _ n y ~ 44 LtJ ++O°-O' g°'4 efR,~-r<wG ~~P+°d®Pa3~0 ~e,:s,IF=f10 DEw®lsR4d sioT1'rs n ~ 6X19 ®Q~~ ® I Fdva .y:tLlrrG Jp.'.~r~slssfG F^-'F'v ('gu<eCldAAQ $ 4 Xo'Z a 54."q DE li 7C/n' 1/d ~ 1 SEGTeGasV' ®F g qi 6, we rH i onz.z~~.rY P,L !''G7'-rr uCl~/ GLOTlA 5 biA :.L +~,s r~'~i ~~CSEJfsI/d.G i~ `J ua=~at~lC ~o., l;?. Y. it t~01/22/2014 09:58 FAX 2001 Decir zp~C15 $a~r~ o- ~~p~4~f~ (03 1 q00 ~4 Ar h(cr Aq 70f (~1 ~vi~G1tA Ij DFOO 01, I'le ~ciw J y Tc,x m, -111000- 1)a- q- Is wels fo S ~00 - lJ :T e-al vtrt: +~C4 m Poo (04101niJWI- 4 tac f Poo Is i n 4c Ar Lot ~ooe~, ~ lave /iJ' ) Svc a N0 J-vAc Sekmr~ Jr Ole jvlc Lne 10(x-- I as -Y-3 i k~GTcr S ja ~~fa~) Pcv Iran S i de aT ~ o use Sul i~ li A uv© kw Pa,l ill re,r 4 ))o& t11A 4 (AII IV47er 0- RECEIVED yp, II pool \1cvA 6,tV Lt li Clr,~ ~45s 01C ^fale kLgflc 100(2-- aol JAN 2 ?014 I r I 1 Ccro BOARD l 111 fear c~ I~(r~(l~'' G/c~ - 14 7V r-f ~Ic{c,~ ~QCd 9 ~g APPEALS R;~ ~ ~(rti }~Cen OTC?,vle Oft ule L 4e ?WO- 4A -10 5 -Pcof wilkp, QS-N o~ 4;dc l wde(f bld ,4 biAW - s-ao-os- I I rr wIll(ilm V6,p~j oleJ7 k / ne 4 f J NO 6CA Icir) ) POOI PerA?'I~G~ OA 5) c ~w ~(1(tt I o -ql J ~fe arc AlA4 "fe c l5 I n Ar cLrif ( I1ouxver cif ~e- ~j I II ~ P I' J~ 6111 144 f,'~Iettl u) i'f -6 sane 15s Ucs Thct`I 1 a~ Survey for Martln Dunn and Morjorle Dunn D.... leed Propnrty or mnw., r" Dle Jule Lane iw"C,unr nm aqg A~ ..wa I Loo- 1A d"d a Y oF -1 ~ JIa i w _ B A S d jl s~ ~ ~ ~w„aa,w . w ,.rnm !1 ] td s I a 8 fit' .r:. Y r. 1t aEI Y ~ BUR~VdYOR s ^Q~T`~ICAYrzON tKr LLa a ~ rs~ 7i~ l~E a l h rrw w- JO8N SC8AUM LLC G~8[D YPYOR SVA No oxo-oo d~ 'YP':... _ - Ca Uo ve+ I~ ~ ~ q _Y W-s• tlQ .i 43 rl i s O ? d M e~ OJ I ~ '~'~-1 \s,1t1 i O~ I`Nv i ~ y „ssw . ~Z 42.. - lea. f (i N. 8 4 S6'20" W $ sYausxolaw was d ssenma Vy L ` W "n surer n ? tax a SKTYIM 110r d M Wert {sM f Y YYCA110x YW. O SJ e .r C: YY I n O sdas d ~ws I xd wwq J p axs wm wsn+ds I sus d ~ 7. D innsun s a eddoaa ~ aoasrwY'" cNr 1 ~WUwsas wacnml awaw 1 i=hCLC3`~--F M/~fP OF~ Gf~OPEf2T>~ a.YSrone sesw s na wnr s7 nry' = ,n sv..ns us ox u ro sxs _~.O_ ~ ~a) D'~ _ .5'[J/~ ?a~-Y`4' I~ •NM4 MI~MIOM aaOR M~ I ]OM MY)8d wn ~ CL AUL7E ~ DA?~~, ~R• ~ ~ j ,'t 7- -7- ?r^T/TJCK GuArant~rdtc~5au1J5o/dSavJn~~ Towne OF SUUTHOLv i6aflAand fo/nter-Cawary SuFFa -K Co., N.Y. Tif/e Gaanw,,O 4&7b-4wya Co. as.Sa.veyed ?""e S c a/= It Ol/o W. Von Tuy/c~ Son /Jce~nvs~~e"" ~d~~ LondSu~'veyar-s ~ `GreC+~joort N. Y. i i Revl~ed jv" 15Y19Te.. '1( vL.l~.:.jl Y`.'"~i' ~I'vCi ~F~"~l ~1ak~~. ~~,,~FXr.. r Sli'F^i~sY3 t„f S~M',^M!~rr{ ' I '4'. ,I, i il• ~x . .a,.}y ~ .~12`mv~:S`.i~~~tir`: T.~, .r. :.a{' l', 49/y' 5'~F,zX.ir,.SnGU' 1V V~'£ yL 4 .•t.-.. .~.I 11. -Q;wl~ `~e~'~ / Y,•J: i~" t '1.6Y~.. ;:`,-.li<aF Q;•1Fckjm+r~...o.'..`wC, 2} ~t ^ rc. .°'f /s,~; r fit'-••-•-E... j '..fiaa5•Y-I)5q t'_¢ji, r S I 0• t A~,,~~S~~ S040"1 "r^~ 90 7 } r: P""""i'^"' S5 , I+Yy«ac*+~'u Y ^ I ,ar,' 1 Fu!"''•J,• 'S`4 /f'i~`h' ~t,' ' - t .::'N' ~rw ~ ~ i ,~i 1 . ll~ G } j wy ~U+x ty 4tt~ Iv s Jn+A ~ i,`~. ~ jw i` ~ ~'V~• AAM'1*~~"a+,!t1~S[M,i> F .may,. rT F{' ':A OF LAND ^2 MADE FOR 1 F-.' , Ej'e kr F , t ~'t fir k~' v ' R f'''~J ~L r} (~"^''v ~ tom. Y4 ' t e • n t L~~~. i_ y4 t, Y x ~'}rY t~ J ~{y, li f, 111 , J i{i~1 k rc f N x~`Fy„}~ S..~ ) } 10 VAN TU L EN EQ LAND APPEALS BOARD MEMBERS ~ gUfFO(,~ 00 C~ Southold Town Hall 4 Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio, Jr. yP~+ P.O. Box 1179 Lydia A. Tortora T Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Horning ~Cl 41 ~a Telephone (516) 765-1809 BOARD OF APPEALS `a- TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 1999 Appl. No. 4732 - RICHARD OTOOLE 1000-122-4-10 STREET & LOCATION: 2280 Ole Jule Lane, Mattituck L f U' . DATE OF PUBLIC HEARING: August 18, 1999 FINDINGS OF FACT PROPERTY FAMDESCRIPTION: The applicant's property consists of 17,500+- sq. ft. in area with 125 ft. frontage along the westerly side of Olejule Lane and a depth of 210 feet along the northerly side property line and 200 feet along the southerly side property line, in Mattituck. The lot is improved with a single-family dwelling situated 44.4 feet from the front line along Olejule Lane, 12.8 feet from the southerly property line and 78+- feet from the bulkhead at its closest point. BASIS OF APPLICATION: Building Inspector's July 1, 1999 Notice of Disapproval citing Article XXIII, Section 100-239.4B of the Zoning Code for an application to build a 20 ft. by 40 ft, in- ground swimming pool within 75 feet of the bulkhead. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a 20' x 40' in-ground swimming pool in a location shown on the Ehlers survey of August 17, 1999, as follows: East side parallel to easterly property line at a distance of 21 feet. South side parallel to the rear wall of the house at a distance of 34 feet; closest point to the bulkhead at southwest corner of the pool at a distance of 22 feet measured on a line perpendicular to the bulkhead. (No outer areas are noted in the Notice of Disapproval, which is the basis of applicants' request.) REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. The shape of applicant's yard and location of the house result in there being no room for a pool that satisfies the requirement for a 75-ft. setback from the bulkhead. Thus, applicant needs a variance in order to construct a pool of any sort. 2. The requested variance, for a setback of only 22 feet at the closest point to the bulkhead, is substantial. However, at the hearing of August 18, 1999, applicant indicated a willingness to consider alternative locations. 3. Grant of the relief set forth below will not produce an undesirable change in the l~- Page 2 - September 1, 1999 ZBA Appl. No. 4732 - R. OToole j{~ ail Pared 1000-122-4.10 at Mattituck character of the neighborhood or detriment to nearby properties because any pool constructed will have to be in a location that is fairly close to the house, not prominently visible to the neighbors and not visible from the street. 4. There is no evidence that grant of the relief set forth below will have an adverse effect or impact on physical or environmental considerations. 5. The grant of the relief set forth below is the minimum action necessary and adequate to enable applicant to have the benefit of a pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to DENY the variance applied for and to GRANT ALTERNATIVELY a variance authorizing construction of an in-ground pool located no less than 40 feet from the bulkhead at the closest point, such measurement to be taken on a Ine and running to the edge of the pool, or, if there is any raised border around the pool, to the edge of such raised border. Vote of the Board: AYES: Goehringer, Dinizio, Tortora, Collins. This Resolution was duly ADOPTED (4-0). (Member Homing of Fishers Island was absent.) GERARD P. GOEHRIN , CHAT AN Filing about 9/3/99 RECEIVED Aft F`ft:ED SY THE SouTilelb idwx c Da-MO/59 Htx-W 9: Town Clerk, Town of Southold MAP OF PROPERTY 51TUATE4 MATTITUGK TONAL 50VTHOLD N 4J FOLK COUNTY, NY SURVEYED OB-17-99 PROPOSED POOL W E AMENDED OI- 27- DO, 0202-00 01-14-2002, 02-06-02,02-15-02, 03-01-02,04-09-02. FOOL LOCATION LOCATION II-IB-04, SEPTIC 12-15-04 S SUFFOLK COUNTY TAX e 1000-122-4-10 CERTIFIED TO. RICHARD O'TOOLE KATHLEEN OTOOLE COMMONWEALTH LAND TITLE INSURANCE COMPANY Lan, no, Or F SUSarl" Boa,, y oF: rq S72'3030 ,E ux n rn i 210.00, 8 0 ~ I ~ i W ~G p+ i w.e ~ gtI 8 I, o . N g o cn r 2p P `/r xs. y rTT J q. W Q. 0 00, F 0 btiti O ef~ NOTES: µ AREA = I1,920 5.F. OR 0.41 AG. Property lines derived from dead ~,^bTY.'...,•„{y L.11612 Pogo 212 LNO , -1% Septic 4 well locations prOVYJ9d by others ELEVATIONS REFERENCE N&VD'29 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LTC. NO. 50202 GRAPHIC SCALE I"= 30' RIVERHEAD, N.Y. 11901 369-8288 Fu 369-8267 REP. \Wp urverWpros\99-21 1b.pm ~I z° K F,':1 U S r/1LxfyY ' 1\ El.lza SBp°372p`E 116.52 -F ' Et,no O ~ I i I ru r O 14 Z 3 Iryr~~W:~'vr A PR VED AS NOTED d DATE: It, 1 B.P. H S J O x FEE: ou> ' BY. _ 2f NOTIFY BUILDING DEPARTM NA r 766.1802 8 AM TO 4 PM F R '!HE r FOLLOWING INSPECTIONS. 1. FOUNDATION - TWO RE UIHEO FOR POURED CONCRETE 2. ROUGH - FRAMING 6 PL MBING As^ 3. INSULATION r` 11a1°I.1 W W sbe 4. FINAL - CONSTRUCTI N MUST 8 x q~`e I1 a 17e I! rg $ BE COMPLETE FOR C.O. c`i K ALL CONSTRUCTION SHA MEET NO _io Area: IBWllsb erg THE REOUIREMENTS OF THE N.Y. J ) yr s la" YY s STATE CONSTRUCTION ENERGY W CODES. NOT RESPONS LE FOR !,J - v DESIGN OROONSTRUCTI ERRORS LAI BO°Ie'90E P1ypP4Eq PgOPFgTY IINF O 2~ / > l I.) I II w n, k Parcel 44 -411 T b WI T be a Isberel ed J n "7 4---1 u . Irf w EI. uT- 5 436 - 4A-T _ „ A m t°n 80°1840,. - ob Zpp~ EYNTINO PqO ~11q 20 ~t~ Snx[ I M WI IIION/ F,TY tl El . q y - YEr tti Bt i c Area s 1 /dr y.T 1 / I s 050 - - 600 122 - 5 / pV d r wt. O ,4r Y°J CCUPANCy OR o° ~ ° ~ I3' WFRE ' ~Fm 'JOE IS UNLA 6, v~ a WI~NOUt CERTIFICATE r i,, Of OCCUPANCY \ - 12 I Olt, +q n) YI a Oe V P t ,sncxlron oY AVW11[>A sr o. nu5 snnl. Is . vlourloN nl ~ . ,11,,,,, )Plv ar m, ww rou srnn .W,• Jl 111! W¢Ylr MA> INI JFAOYN ` .ap PLVUU¢'S Yu.VM55`I)Iniblvt0 (J y N ,•1 , I. Inll1 COH Y' BOARD MEMBERS ~O f S0 Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dames Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Horning 54375 Main Road (at Youngs Avenue) Ken Schneider Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 9, 2014 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), 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, Southold, New York 11971-0959, on THURSDAY. JANUARY 9. 2014: 9:50 A.M. - RICHARD and LORRAINE BURDEN #6712 - Request for Variances from Article XXII Section 280-116B, Article XXIII Section 280-124 and the Building Inspector's last updated December 4, 2013 Notice of Disapproval based on an application for building permit for "as built deck addition and in-ground swimming pool, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required rear yard setback of 50 feet, 3) less than the minimum code required side yard setback of 15 feet, located at: 2800 Ole Jule Lane (corner Channel Lane) (adj. to dredged canal) Mattituck, NY. SCTM#1000-122-4-15816 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 and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(d)Town.Southold. nv. us Dated: December 10, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: BURDEN, R. & L. # 6712 SCTM # : 1000-122-4-15 & 16 O1/ARIANCE: BULKHEAD SETBACK & YARD SETBACKS REQUEST: SAS BUILT" DECK ADDITION WITH IN-GROUND SWIMMING POOL DATE: THURS., JAN. 99 2014 90050 AM If you are interested in this project, you may review the file(s) prior to the wearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 • 6-7(2- ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P. 0. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net December 9, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, January 9, 2014 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before December 23rd: 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 Southold Town Assessors' Office, 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 how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible: AND not later than December 30th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 2"d: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicantlagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before January 7, 2014. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS RiL Potln . (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK 1, residing at New York, being duly sworn, deposes and says that: On the Zr' day of DeccAjN 20 ~ I personally mailed at the United States Post Office in kadrrl New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the a pli 0tss property. (Signature) Sworn to before me this day of _T ~ A 20 l~ VICKI TOTH Notary No Public State of New York Qualfiad 011 Z I in~SuffolOh 00 (Notary Public) Commission Expires Jule ,c do ~0 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. U.S. Postal ServiceTp., U.S. Postal Service,a CERTIFIED MAILT." RECEIPT CERTIFIED MAILTa RECEIPT j I (Domestic Mail Only; No Insurance Coverage Provided) C3 (Domestic Mail Only; No Insurance Coverage Provided) RWIW" ! 490 MATTITLO W 1195 Ii V ---1 7 u., ' S Postage $ $1.12 Ln Postage $ $1.12 RHEq~ U7 Certified Fee $3.10 %n 9 Q 2 ~J Centred Fee $3.10 M Return Receipt Fee ^ Posjpark Z CC~1 tmark ° (Endorsement Required) $2.55 H_g ° Return Receipt Fee ° ~J ° (Endorsement Required) $2.55 ° Restricted Delivery Fee W G Restricted Delivery Fee b ° (Endorsement Required) $0.00 ~Q6 ° (Endorsement Requiretl) $0.00 GS J~ V Q $6.77 12/31/_ Or A ° Total Postage &Fees $ G Total Postage & Fees $ $6.77 1 Sent To ` Sent T r9 Siieei, Apt No.; \ it . _ . Street, APR No.; " - _ C' off . 7 ° or PO Box No. ° or PO Box No V - - - ! ty, state, nP rr. :ri rr. Postal Postal CERTIFIED MAILTid RECEIPT U.S. •JDOmi Mail Only, No insurance Coverage Provided) CERTIFIED MAIL,d RECEIPT M M1 (Domestic ..A ru 801fflIOLU 'I 07Y ° MAGI TUCK 0 it # Ln Postage $ $1.12 ;;,1 Sy M1 ~T 1 S Postage $ $1.12 0901 Cemaed Fee $3.10 Fj $3.10 C Certifietl Fee ° Return Receipt Fee - P tnferk r~ C3 ostmark ° (Endorsement Required) $7 ..55 Hereto ° Return Receipt Fee $2.55 qre ° Restricted Delivery Fee Y J~ ° (Endorsement Required) (Endorsement Required) $0.00 •~V a O Restricted Delivery Fee o2/ r\ (Endorsement Required) $0.00 Y J 0 Total Postage &Fees $ $6.77 12/31 a3 n°- $6,77 l2/ 3 r-q ° Total Postage & Fees $ see H u3 ies( Ap t. r~ St M p h No.; b- - - 0 - -------C M 3$"('f ) 4 M1 or PO BOx NO. A/ O Street. APG NO.: _ ____.:J_____ Ciy, State,ZP+4 or PO Bdx No. 7 ~I CIN S t IP+4 ' f U.S. Postal ServiceT I., CERTIFIED R RECEIPT U.S. Postal M1 (Domestic ~n - r-1 (Domestic mail OnIY; No Insurance Coveraige Provided) C3 M Or C3 0 Postage $ $1,12 0948 u-1 USE J3 Postage $ $1.12 0948 ° Caddied Fee $3.10 05 ° ° Return Receipt Fee Postmark ° Certified Fee $3.10 05 (Endorsement Required) $2.55 Here ° Return Receipt Fee Postmark Restricted Delivery Fee ° (Endorsement Required) $2.55 Here ° (Endorsement Requiretl) $0.00 Restricted Delivery Fee p (Endorsement Required) $0,00 Total Postage &Fees $ $6.77 12/24/2013 v U ra SePtt T, - ° Total Postage & Fees $ $6.77 12/24/2013 a _ Y, `r\..'S M ` ` 1 1^ r„R Sent To ° Street, Apt... -v-~ M1 or PO Bax No. M} >m - _ r-3 st at po M1 city, were, Z/P+4 Cor PO Be_ ~ - s ;ry sire. Z;P+4 •.r S. Postal Service,,, .CERTIFIED RECEIPT O U1 c. it'°^.~ o- `D O Postage $ $1.12 ry 0%8 E3 Certified Fee $3 10 05 r3 Return Receipt Fee Postmark \~~a (Endorsement Required) $2,55 Here Restricted Delivery Fee ~r O (Endorsement Required) $0.00 ' rT 0 Total Postage 8 Foes $ $ti, 77 12/24/2013 1-3 Sent TO _ rA St reeq Apt No.; r~ omTr+~\z ra met A~ `------`--------`-!zVC:i f~ or PO Box No. W V v rCity, t4 1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X T 3~ C% flAgent ¦ Print your name and address on the reverse ~Y ? Addressee so that we can return the card to you. S. Received by (Printed Name) . Da of Delivery ¦ Attach this card to the back of the mailpiece, a or on the front if space permits. ta (`t v o q H 1 . Article Addressed to: D. Is delivery address differe Yes °Q o y z° R Y d If YES, enter delivery a Afb . 1 a ? M 0 c i5 ? 1 '6U ° E 3 ` Is I 33 ~CY~ ~ a m o rU 3. Service Type U „D C3 Certified Mail 13 Fx N. m ? 0 ? l+t. \ Q•~ ,v ? Registered ? Return Rece p for Merchandise cz 8? M1 C ? Insured Mall 0 C.O.D. 2 • m - 2 u1 0' 4. Restricted Delivery? (Extra Fee) 0 Yes a m US C T o 2. Article Number °'t vi 8 d m 15 G (Ranier from service labaq 7013 1090 0001 5574 6641 v > 'Z U ¢ o m PS Form 3811. February 2004 M o 11 ¢ C3 Domestic Return Receipt 102595-02-M-1540 ( m d m d ¢ C3 SENDER~ COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY -4 `yam m ¦ Complete items 1, 2, and Also complete A. sig~tm i o•-~ j r 8 item 4 if Restricted Delivery is desired. X /,J Y T J'~ ¦ Print your name and address on the reverse o t so that we can return the card to you. B. lifed) C. Data of Del ° E o ¦ Attach this card to the back of the mailpiece, of Del N or on the front if space permits. O tam W" 00 d d L J D. Is delivery address different f 0 ?YNp es use', n 1. Article Addressed to: o v d If YES, enter delivery address to ? 1 al Al Vie if,~-Jt :E 0 ¢ W Z' M 15L 3. Service Type :t r A o E / 0 Certified Mail 0 Express Mail a y Q o a LL ~~1o N y/)97/ 0 Registered ? Return Receipt for Merchandise C ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7013 1090 0001 5574 6634 i7hinsferfrom service lsben PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING kLjS Z&A (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel 91000- COUNTY OF SUFFOLK) STATE OF NEW YORK) 0Q p ~1 / I, Rl G~Gt~ ~C~/CrI residing at 28ro V,e JU 61 1~6 G~ New York, being duly sworn, depose and say that: On the day of J CA , 20! 4 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or 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 (7) days prior to the , r date of the subject hearing date, which hearing date was shown to be o RI (Signature) Sworn to before me this Day of 7".4,1 201 VICKI TOOTH V A Notary No Pu 01 f0 190696 W Mrr ( Qualified in Suffolk County (Notary Public) Commission Expires lulu 28 - * near the entrance or driveway entrance of my property, as the area most visible to passerby. 1 I'V #11503 STATE OF NEW YORK) 34~ft) ,l efr~ aY, ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 week(s) successfully commencing on the 2nd day of January, 2014. / Principal Clerk Sworn to before me this ((1 day of 2014. LEGAL NOTICE 1090 A M - ROBERT Ali ALSH SOUTHOLDTOWN ##6~-Request forVatiancesfrom Arti- ZONING BOARD OF APPEALS cle X Section 280-46 and Article III Sec- THURSDAY JANUARY9,2914 tion 280-15 and the Building Tospector's PUBLIC HEARINGS October 15; 2013, amended October 22, NOTICE IS HEREBY GPVENL put- 2013 Notice ofDisapprovai based on an ment to Section 267 of the Town Law and application and for building permit for addi- 'Ibwm Code Chapter 280 (Zoning) Town lioons andd alterations to existing single Iff--\Y',i/v,(`, of Somhold, the following public heerings family dwelling and an accessory garage, will be held by the SOUTHOLD TOWN at; 1) less than the code required. mini- ZONING BOARD OF APPEALS at the ' mum front yard setback of 15 feet for Town Had, 53095 Main Road P.O. Box dwelling additions, 2) accessory garage CHRISTINA VOLINSKI 1179, Southold, New York'11971-M9, on proposed in.a loeatiou'other than the NOTARY PUBLIC-STATE OF NEW YORK THURSDAYJANUARY9.2010. code required rear yard; located at: 780 NO. O1 V06105050 930 A.M. WILLEM KOOYKER King Street (comer Second Street) New met JUDITH ANN CORRENTE Suffolk, NV.SCTM#1000-117-8-11 Qualified In Suffolk County MM - Request for Variance, 1030 A.M. BETTY DEROSKI from At- My Commisslan Expires Februbry 28, 2016 title XXII Section 280-116A(1)'and the REVOCABLE TRUST #6707 -This is Building Inspector's December 5, 2013 a request for a Waiver of Merger under 1:15 PJH._MLADEN BAY #6714 - Re- Notice of Disapproval based on an ap- Article II, Section 280-10A, to immerge quest for Venaoce from Article XXnI Sec- ptication for building permit for partial land identified as SCIM #11700-136.4- tion 280.124 and the Bukhng'I°spor's demolition 24.1, based on the Building Inspector's 11:30 A. -C:AROLYN R AMPEN November 25,2013 Notice Disapproval andadditions and alterations Pere it to existing single family dwelling, at; k) October 30, 2013 Notice of Disapproval, #6111 -Request for Variance from Ar bated on an applicatlon fm buimilAimgpermit less than the code required setback of which states adjoining affai 0qg or ukle XXII Secbon,.280-11611' and the fmwnstructionofagmagDandpetchaddi- :100 feet from the top: of bluff,. located nonconfotm7ng lots-.held to coniimon Building Inspector`s Qetow 10,.2013 tiogat;l)less thanthecode m4nuedcom- eC 7832 Claypoini Road (to Fish- ownership shall merge'nntil the total Notice of Disapprovadbased o) .an up- adj. Island Sound) Fishers Island, NY lot size conforms to the current bulk plication for building peal,, , or addi- biped side yard setback of 35 feek,kicatei SCTM#1000.3-1-5 schedule (minimum 40,000 square feet lions and alterations to existing single at: 475 All Road (ai to Jockey ('Seek) 930+41:M: - RJ(MARD and LOW in. this R-40 Residential Zone District) family dwelling, at; l) less than the. code Scuthold,NY. SCIM#1000-704-30 RAMESURDEN.#6712 Request for Im on is merged with lots 1000.136.1- required bulkhead setback of 75 feet, The Board of Appeals will hear all Variances from Article XXII Section 21&22, locatedet: 275 Oak Strcet,.2835 located at: 755 Lupton Point Road (adj. Persons be or heard their at ea h heatin~aod/or 280.116B, Article XXIII Section 280- j & 2855 Harbor Lane ,Cutchogue NY. to Deep Hole Creek) Mattimck, NY. desirin to submit written statements SCTM#'sI000-136:-1-24.1,21&22 SCTM#1000-115-11.4.1 g 124 and the Budding Inspector's last AM - WALTER MURPHY STEVEN and SUSAN before the conclusion of each hearing. 11:50 A.M. - updated December 4, 2013 Notice of 1050 BLOOM #6709 - Re nest for Variance Each hearing will not start earlier than Disapproval based on an a (ESTATE, OF) #6713 Ibis is a request q desi mated above. Files are ppdeckon for for a Waiver of Merger under Article II, from. Article III Section 280-15 and the review during regular business hours Lion and in-ground swimming available for budding permit for "as bail addi- Section 280.100, to unmerge Land identi- Building Inspector's November 15, 2013 and prior y g' ing deck : pool, at; . nor to the da r the hearing. If 1 than the code requited bulkhead fled as SCTM #1000-110: 3-10, based on Notice of Disapproval based on an aP- the Building Inspector's November 25, Phcauon for buil ding permit for an ac- you have questions, please contact our ac- setback of f 75 S fee[, 2) Less than the code 2013 Notice of Disapproval, which states cessory in-ground swimming pool, at; 1) office at, (631) 765-1809, or by email: required rear yard setback of 50 feet, 3) adjoining conforming or uonconform- proposed location other than the code Vicki.Toth@'fown.Sou[hold.nyus -less than the minimum code required ing lots held in common ownership shall required rear yard, located at: 7800 Pe- Dated: December 10, 2013 side yard setback 15 feet, located at; merge until the total lot size conforms conic Bay Blvd., (adj. to Great Peconic ZONING BOARD OF APPEALS 2800 Ole Jule Lane (comer Channel to the current bulk schedule (minimum Bay) laRrel. NY. SCCM#1000-126-77-i5 LESLIE KANES WEISMAN, CHAIR- Lane ) (adj. to NY. SCPM#I0Ml22 dredged canal) Mattituck, 40 000 square feet in this R-40 Residen- BY Vicki Tooth 4$5&16 tial Zone District) this lot is merged with lot 1000-110: 3-11, located at: 750 and 54375 Main Road (Office Location) 830 Eastwood Drive Cutebogue, NY. 53095 Main Road (Mailing/USPS) SCTM4'sl000-110.3-10 & 11 BO. Box 1179 Southold, NY 11971-0959 17~5!.3-1T 112 • 0 Office Location: hO~~~F SOUIyo~ Mailing Address: Town Annex /First Floor, Capital One Bank 53095 Main Road 54375 Main Road (at Youngs Avenue) fn lc P.O. Box 1179 Southold, NY 11971 • ~O Southold, NY 11971-0959 :Ns OOUNT http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 9, 2013 ~ M Mark Terry, Principal Planner LWRP Coordinator DEC 102013 Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6712 BURDEN, R. & L. 1000-122-4-15 & 16 Dear Mark: We have received an application for an "as built" deck addition with in-ground swimming pool. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K~Veisman Chai e By: Encls. • • Office Location: hO~aQF so~jyolo Mailing Address: Town Annex /Fast Floor, Capital One Bank 53095 Main Road 54375 Main Road (at Youngs Avenue) y P.O. Box 1179 Southold, NY 11971 • ~O Southold, NY 11971-0959 o~yCOU http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 9, 2013 Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6712 Owner/Applicant : BURDEN, Lorraine Action Requested: "As Built" deck addition with in-ground swimming pool. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. Boundary of Agricultural District Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Lesl' Wei ma ZBA irp on By: Encls. RECEIVE ORK ^it OEP W O gIIZONNERTAL-CORSERVATTOW- ~ DEC PERMIT NUMBER 1-4738-00934/00001-0 EFFECTIVE DATE 6/23/95)) FACILITY/PROGRAM NUMBER(S) P E IT EXPIRATION DATE(S) 6/30/98 Under the Environmental Conservation Law TYPE OF PERMIT 0 New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate I Article 15, Title 5. Protection I 6NYCRR 608: Water Quality ? Article 27, Title 7; 6NYCRR 360: of Waters Certification Solid Waste Management 0 Article 15, Title 15: Water 0 Article 17, Tittes 7, 8: SPDES ? Article 27, Title 9; 6NYCRR 373: Supply 0 Article 19: Air Pollution Hazardous Waste Management 0 Article 15, Title 15: Water Control ? Article 34: Coastal Erosion Transport ? Article 23, Title 27: Mined Land Management 0 Article 15, Title 15: Long Reclamation 0 Article 36: Floodplain Island Wells Management 0 Article 24: Freshwater Wetlands 0 Article 15, Title 27: Wild, 0 Articles 1, 3, 17, 19, 27, 37; Scenic and Recreational Rivers ¦ Article 25. Tidal Wetlands 6NYCRR 380: Radiation Control ? Other: PERMIT ISSUED TO TELEPHONE NUMBER Richard Burden ADDRESS OF PERMITTEE 2800 Ole Jule Lane Mattftuck NY 11952 CONTACT PERSON FOR PERMITTED WORK En-Consultants, Inc TELEPHONE NUMBER 1329 North Sea, Southampton, NY 11969 NAME AND ADDRESS OF PROJECT/FACILITY urden Property 2800 Ole Jule Lane, Mattituck LOCATION OF PROJECT/FACILITY Mattituck COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Reconstruct within 1811 of existing bulkhead 107 feet of new bulkhead and two returns (15 feet) and (20 feet). Dredge to -3 wean low water 10 feet seaward of reconstructed bulkhead and recover 50 cubic yards of material to be used for backfill. The proposed (20 x 40) swianing pool and deck is lseyond Article 25 (Tidal Wetlands) jurisdiction. All work shall be in accordance with the attached NYSDEC approved plan. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: ADDRESS ogee Evans Bldg. 40, SONY, Roam 219, Stony Brook, NY 11790-2356 AUTHORIZED SIGNATURE DATE 1 6/23/95 Page 1 of 5 UPI, 09 2013 AOARD OF APPEALS REVISIONS SYM DESCRIPTION DATE APPROV. s. L~ _t{ w ,f I I I. I 1r--ti ~r_ A I j II i li .p ftECEIVED OEC 0 9 2013 30ARn OF APPEALS - ' del .!b/ST i f:~1TF.t~ d_C~T!.iTR.~"lOX GUiTF 1 ~..yrS:X ~ Ei~Pft BD_G'T+.S' sura~rzr_ 77 I ' s r sr.PC-ws, / ~ ' ~ aX z"xs'"cc~z~ar.2s I! V a i.. ~I ~ZC ~os>rET ~ ~ 6 fp l~0,~~5.ocx- ~I ~ atisa 96 r~urc,(- r b M ~ I f { l POOL SIZE: FILTER: LINER: Swim Kins EQUIPMENT: ftO's 471 Route 25A E Rocky Point New York 11778 C 516 744-8100 PURCHASER: ~J n„/G ADDRESS: j /r// HOME TELEPHONE: BUS. TELEPHONE: MAP COORpIN ,.-ES: CROSS STR T: L UMMEL SPECIAL INSTRUCTION: i)EC 09 %Qi [BOARD OF APPEAL: 677 A I- VI nAll r, ly h \Alv I Ar T s~ A0 is I understand and approve the location and grade height of the pool, In relation to my house and property. The pool elevation may be plus or minus six (6) Inches of the agreed grade. 1 agree to the location of al the pool equip- ment and accessories. Swim King will provide a rough grade (four feet wide) around the pool, providing enough fill is available from the excavation. Swim King shall not ? be responsible for providing extra fill. If any changes are to be made, Swim King Pools must be notified in writing 48 hours prior to excavation. I agree to the layout: ~v Date: AREA 1000-122-04-15 = 15750 sq.ft. BUILDABLE AREA = 14,124 sq.ft. LOT COVERAGE - HOUSE 2963 sq.ft. POOL & DECK 2261 s4,f1. 5124/14,124 = 36.35124 sq.ft. SURVEY OF PROPERTY °7° AREA 1000-122-04-16 = 15,571sq.if. AT N BUILDABLE AREA = 14,906 s fL MATTITUCK LOT COVERAGE q GPI TOWN OF SOUTHOLD. GARAGE 563 563/14,906 - 38 .L85. SUFFOLK COUNTY, N. Y. ~ - - - ~pit ~ Homed Fs. 1 4'E• /LAN o ack/W' o.~ ~~Ea 1000 - 122 - 04 - 15 & 16 T N ,41(5 go `oy Scale: I" = 30' e? / N XEcgmtv Ald>6' m 5 \ `~o. Oct 240 2013 \0 / k Q°°°o of APPEALS pw"' set F o o O i i N~ ~ f 4.3' ~•E O •F \ Cot 1A O 0340 Q.' f ,b s a Q6 'S`l'. ~+~0 fl Fep.7•E \ a W. S sz c tS cP C~°L k• / ryy 1 ,Z pJ ~0 Gon ~Of F~01 to \ ~i0 `~N ~B/ Jl ~3s m" ~ 36 oo4i° ry6 % @ : pro \ t ~i~ Py ' 0 w,'J 42.39 .3s ~~~ss 5, 4 35, ~ c. •o V. 1 61 6 LANE boat ~2~9 56~`•~~ E o~~ ~p,'35 LEJ~ OF NEWY hiE;2C~'Qh 40 roll gU~ XU L/C. NO. 49618 ANY AL7ERA71ON OR ADDI7701V TO THIS SURVEY IS A VIOLATION PECO VEYORS, P.C. • = REBAR OF SEC7ION 72090E THE NEW YORK STATE EDUCATION LAW. (631) 765-5020 FAX (631) 765-1797 EXCEPT AS PER SECTION 7209-SUBDIW90N 2. ALL CERflFlCA770NS P.O. BOX 909 The location of wells and cesspools shown hereon are HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF from field observations and or from data obtained from others. SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET NIOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 11-225 January 9, 2019 Regular Meeting 26 IQ 1 CHAIRPERSON WEISMAN: Eric? 2 MEMBER DANTES: No questions. 3 CHAIRPERSON WEISMAN: Okay. Is there 9 anyone else in the audience who would 5 like to address this application? 6 (No Response.) 7 CHAIRPERSON WEISMAN: Hearing no 8 further questions or comments, I will 9 make a motion to close the hearing and 10 reserve decision to a later date. 11 MEMBER SCHNEIDER: Second. 12 CHAIRPERSON WEISMAN: All in favor? 13 MEMBER DANTES: Aye. 19 MEMBER GOEHRINGER: Aye. 15 MEMBER HORNING: Aye. 16 MEMBER SCHNEIDER: Aye. 17 CHAIRPERSON WEISMAN: Aye. 18 (See Minutes for Resolution.) 19 20 HEARING #6712 - RICHARD & LORRAINE 21 BURDEN 22 CHAIRPERSON WEISMAN: The next 23 application before the Board is for 29 Richard and Lorraine Burden, #6712. 25 Request for variances from Article XXII January 9, 2019 Regular Meeting 27 IVY 1 Section 280-116B, Article XXIII Section 2 280-129 and the Building Inspector's last 3 updated December 9, 2013 Notice of 9 Disapproval based on an application for 5 building permit for "as-built" deck 6 additions and in-ground swimming pool, 7 at, 1) less than the code required 8 bulkhead setback of 75 feet, 2) less than 9 the code required rear yard setback of 50 10 feet, 3) less than the minimum code 11 required side yard setback of 15 feet, 12 located at: 2800 Old Jule Lane, corner of 13 Channel Lane, adjacent to dredged canal 19 in Mattituck. 15 Good morning. Is there anyone to 16 address the Board? If you could come to 17 the podium and state your name for the 18 record, please. 19 MR. BURDEN: My name is Richard 20 Burden. I am the owner of the property at 21 2800 Old Jule Lane and the adjacent lot 22 next door. 23 CHAIRPERSON WEISMAN: Let me just 29 enter into the record the specifics of 25 this application. It would appear that January 9, 2014 Regular Meeting 28 1 the LWRP I will give you a copy of 2 that letter. 3 MR. BURDEN: I think I have that. I 4 am not familiar is that the LWRP; is 5 that what you're talking about? 6 CHAIRPERSON WEISMAN: Local Waterfront 7 Revitalization Board. 8 MR. BURDEN: I went down to Town Hall 9 yesterday and I pulled up on the computer 10 the original Trustees permit, and the 11 first one says the first one is 12 there was two things. There was a 13 landscaped buffer and the other one was 14 the area in the back (In Audible) jetting 15 out. I looked at and I have it here for 16 you. It's there. It shows it on the map. 17 He claims that it's not there. I pulled 18 up and printed it and the (In Audible) is 19 there. It was there when I bought the 20 house 30 years ago. 21 CHAIRPERSON WEISMAN: Let me walk you 22 through this a little bit. It would 23 appear from the original permit that the 24 "as-built" pool and deck, it's somewhat 25 different then what was described in that January 9, 2019 Regular Meeting 29 1 original permit. It was a wetlands 2 permit. And the recommendation of the 3 LWRP there were additional structures. 9 There was also a drywell that was shown 5 on that permit for the Trustees that's 6 not there. That was for pool dewatering. 7 MR. BURDEN: It's there. 8 CHAIRPERSON WEISMAN: It needs to be 9 confirmed where that is. The landscaping 10 between the bulkhead and the pool deck 11 I am just going over what the issues are. 12 1 am not concluding anything. The LWRP 13 recommendation right now, is looking at 19 that as a landscaped buffer. Prohibition 15 of pesticides and fertilizers. The 16 concern is that it's incredibly close to 17 the channel. Now what you are before this 18 Board is, the "as-built" deck, with a 19 39x19 pool, the deck is 3.8 feet from the 20 bulkhead. The code requires 75 feet. 21 The rear yard setback is at 23 feet. The 22 code requires 50 feet. The side yard 23 setback is at 8.8 feet, the code requires 29 a minimum of 15 feet. And those are the 25 three areas of variance relief that the January 9, 2014 Regular Meeting 30 1 Board is looking at. There are no CO's 2 or building permits for the deck or the 3 pool that we could find; is that 4 correct? 5 MR. BURDEN: 20 years I went and did 6 the DEC work. I did the Trustees work. At 7 that time, I went into the Building 8 Department and filled out some paperwork 9 and told I was okay to go. And that is 10 why I did the project. It wasn't like I 11 just ignored the people. You know, I did 12 the hard work. The DEC and the Trustees 13 were the hardest part. The reason why the 14 pool was behind the house like that, if 15 you look at the map, when I bought this 16 house, I inherited a lot of problems with 17 it. My property line, on the left side of 18 the house, literally I have an issue 19 where my property line runs along the 20 line of the gutter on the what would 21 be considered the south side of the 22 house. My house is literally on the 23 property line. And I looked this all up. 24 When I went down and asked these 25 questions, (In Audible) the previous January 9, 2019 Regular Meeting 31 1 owner already had the house built before 2 he owned the lot next door. And so I 3 have no side yard clearance, technically 9 on that side of the house. So I had no 5 place to put the pool except on the back 6 of the house. 7 CHAIRPERSON WEISMAN: It would appear 8 that those two lots are merged? 9 MR. BURDEN: No, never happened. 10 CHAIRPERSON WEISMAN: Well, I think 11 that the Building Department will 12 disagree with that. That's not what is 13 before us. 19 MR. BURDEN: Can you tell me when 15 they were merged because they were in 16 separate names the whole time? 17 CHAIRPERSON WEISMAN: I know. Lots of 18 things have happened where people thought 19 the property they ended up being 20 merged in the long run. There is no deck 21 or pool listed on the property record 22 card either. 23 MR. BURDEN: No. 29 CHAIRPERSON WEISMAN: It's not on the 25 property card in the Assessor's Office. January 9, 2019 Regular Meeting 32 W1~ 1 MR. BURDEN: Okay. 2 CHAIRPERSON WEISMAN: If there is a 3 drywell on that property for pool 9 dewatering 5 MR. BURDEN: I can tell you where it's 6 on the picture. 7 CHAIRPERSON WEISMAN: If you can tell 8 us where you think it is 9 MR. BURDEN: Oh, I know exactly where 10 it is. If you look where the word "P" is 11 and pool. 12 CHAIRPERSON WEISMAN: Are we looking 13 at this survey, sir? 19 MR. BURDEN: Yes. 15 (Whereupon, Mr. Burden approached the 16 Board.) 17 CHAIRPERSON WEISMAN: All right. Let's 18 see what other people have and if there 19 are any questions from the Board. 20 Do you have any questions? 21 MEMBER GOEHRINGER: No. 22 CHAIRPERSON WEISMAN: Ken? 23 MEMBER SCHNEIDER: No, not at this 29 point. 25 CHAIRPERSON WEISMAN: George? January 9, 2014 Regular Meeting 33 ^ 1 MEMBER HORNING: When was the pool 2 built? 3 MR. BURDEN: When I was looking 4 yesterday, I thought it was 15 years ago, 5 but the application said that it was 6 1994. 7 MEMBER HORNING: And that is when you 8 think the pool was built? 9 MR. BURDEN: It might had been the 10 Spring of 1995, in or around that time. 11 MEMBER HORNING: And you had 12 purchased the property in 1986; correct? 13 MR. BURDEN: Yes. I did all the 14 paperwork myself. It was very time 15 consuming. I did hire someone from the 16 South Fork for the DEC. 17 MEMBER HORNING: And this is one 18 parcel now? 19 MR. BURDEN: Well, I did a lot I 20 don't believe. It's two lots. You are 21 taking a lot of value away from me. I own 22 both properties, and my wife and I own 23 the house. I did the research the other 24 day. It has two tax map numbers. The lot 25 is bigger the lot to the west is January 9, 2019 Regular Meeting 39 ^t~ 1 actually bigger than the lot that the 2 house is on. It was always in separate 3 names. In fact at the closing, I had to 9 buy it from the estate. It has always 5 been in separate and single tax maps. 6 CHAIRPERSON WEISMAN: Well, the Merger 7 Law changed. In 1956, the Zoning Board 6 approved a variance on that lot to build 9 an accessory garage. It's the same garage 10 that is on there? 11 MR. BURDEN: Absolutely. 12 CHAIRPERSON WEISMAN: So you had a 13 prior variance relief 19 MR. BURDEN: I had nothing. 15 CHAIRPERSON WEISMAN: I am just 16 looking at the history of the property. 17 MR. BURDEN: In the research that I 18 did, the Town was going to own or buy at 19 that point, it was old (In Audible) boat 20 ramp there or anything and June sold the 21 property to an individual, and it's now 22 owned by the County of Suffolk. Okay. 23 So 29 CHAIRPERSON WEISMAN: Those issues 25 are related to the property. They are January 9, 2014 Regular Meeting 35 vC 1 not what is before us at this point. It's 2 the setbacks that are nonconforming. 3 MR. BURDEN: I had no other place to 4 put the pool, unless I put it in my front 5 yard. 6 CHAIRPERSON WEISMAN: Okay. On 7 waterfront properties, pools are 8 permitted in front yards by code, for 9 obvious environmental reasons. The fact 10 is, it's there. The question is, what do 11 we do about it? Clearly you need to get a 12 certificate of occupancy for it. 13 MR. BURDEN: Yes, ma'am. 14 CHAIRPERSON WEISMAN: And that is why 15 you are before us. We have to find ways 16 of mitigating, which is very substantial 17 setback. Very substantial. More than 50% 18 for the rear yard setback. It looks like 19 a 95% setback from the bulkhead. In 20 terms of the percentage of relief. It's 21 not that we can't grant those things. We 22 have to find ways of mitigating them. One 23 of the things that you would be required 24 is an updated or amended permit from the 25 Trustees, and that would be a part of January 9, 2014 Regular meeting 36 ~C 6 1 this decision. Just so you are aware of 2 it. They will pick up where we left off 3 and see what could be done with 4 environmental impacts. Clearly, at this 5 point, the removal of the swimming pool 6 is going to cause severe land disturbance 7 and so I don't know how realistic that 8 is at this point. It requires heavy 9 equipment and a lot of land disturbance. 10 MR. BURDEN: Several houses down, 11 there is another pool. Not quite as close 12 but the same thing. Same situation. Same 13 lot size. One of things we did when we 14 built this, we raised the bulkhead four 15 or five feet with the DEC and Trustees 16 permission. We dredged the creek at that 17 point. You know, I don't have anything 18 back there that has fertilizer. When you 19 come and look at my yard, people laugh 20 because it's all green and then it's all 21 yellow. 22 CHAIRPERSON WEISMAN: Of course their 23 biggest concern is that the environmental 24 impact gets minimized. 25 MR. BURDEN: I understand. January 9, 2014 Regular Meeting 37 1 MEMBER DANTES: The only question 2 that I had is, I am looking at the LWRP 3 and No. 6, dredging and that the highway 4 department dumps topsoil 5 MR. BURDEN: Yeah, I didn't want to 6 bring that up here. When we had those 7 floods, the Halloween storm and the 8 storms before the Town actually bought 9 a (In Audible) as you come to my house 10 and what had happened is, and it's a 11 little scary thought. The Town used to 12 have a machine or fire department truck 13 and they would pump the water from Old 14 Jule Lane to the Creek across my property 15 without my permission. All of a sudden, I 16 come home and there is a hose across my 17 yard. Old Jule Lane, was a collection. I 18 had worked with the Highway Department 19 previous to that and did a little. They 20 did two drains at the bottom and it 21 didn't really do nothing. Now they have 22 four or six drains up the street and it 23 has made a tremendous difference. So 24 anyway, the house across the street got 25 FEMA money and it had to be raised 11 January 9, 2014 Regular Meeting 38 1 feet on concrete blocks. When they did 2 this, a whole pile probably enough to 3 fill this area right here, filled with 4 debris and sediment. I called the Highway 5 Department. I said, you trespassed 6 against my yard. You brought a hose 7 across my yard. They had to come and 8 remove it. There was nothing there except 9 gook and debris. They said that they came 10 down and dumped two loads of topsoil into 11 the creek. Right into that pile. This has 12 ruined my backyard waterfront. I did 13 nothing wrong to deserve this punishment. 14 Now, I have lost my waterfront property. 15 I find out from my neighbors that there 16 is a hose on my property pumping up the 17 street and then I call the department to 16 complain and you know 19 CHAIRPERSON WEISMAN: Well, you would 20 get a chance to address the Trustees. 21 MEMBER HORNING: Going over your 22 reasons for the appeal. And you are 23 stating that there won't be any 24 undesirable change in the neighborhood. 25 The pool was done with DEC and Trustees January 9, 2014 Regular Meeting 39 1 1 approval. You came upon the date of 1994 ~C 2 of when you did this. I am asking you to 3 submit some information to us of other 4 nonconforming pools for variances granted 5 for pools, nonconforming pools in the 6 immediate neighborhood. 7 MR. BURDEN: I can give you two. 8 MEMBER HORNING: So give us on paper, 9 if you would. Do some research of other 10 pools in the neighborhood. 11 CHAIRPERSON WEISMAN: What's 12 important is, whether those pools 13 received variance relief to build it. You 14 know, a pool was installed 15 MR. BURDEN: It was after mine. It was 16 within the same period. I can tell you 1,7 one was 18 MEMBER HORNING: We need this on 19 paper. 20 MR. BURDEN: No problem. 21 MEMBER HORNING: You can't achieve 22 this by any other method. No other place 23 to install on the property. That is what 24 you say. No. 3, the amount of relief that 25 is requested is not substantial. And you • 0 y January 9, 2014 Regular Meeting 40 1 are stating that there was no bulkhead 2 setback requirement at that time. I am 3 stressed to think that there was no 4 bulkhead setback requirement? 5 MR. BURDEN: I wrote that because I 6 figured there was a setback requirement, 7 that the DEC's would be all over it. They 8 gave us approval. 9 CHAIRPERSON WEISMAN: That doesn't 10 mean that the code wasn't there or in 11 place. They gave you approval and relief 12 from the code. 13 MEMBER HORNING: I am questioning 14 that response that you have. I would like 15 to know what the code requirement was for 16 setback requirements? And also, one 17 other topic that I wanted to mention, 18 another variance granted in 1968, the 19 Chairperson already mentioned it, the 20 granting of a garage with a nonconforming 21 side yard setback. 22 CHAIRPERSON WEISMAN: It's 1958. 23 MEMBER HORNING: There is two. The '58 24 one was road frontage. Ten years later in 25 1968, another owner applied for a • 0 January 9, 2014 Regular Meeting 41 1 variance to put a garage on the property 2 and with a nonconforming setback of 3 Channel Lane 4 MR. BURDEN: No, that is 5 MEMBER HORNING: Listen to me for a 6 second, sir. Because I want to cover this 7 complete. I just want to mention, that I 8 think by code you can't have an accessory 9 on a lot without a principal dwelling. Am 10 I correct with that? 11 CHAIRPERSON WEISMAN: You're correct. 12 MEMBER HORNING: I am thinking that 13 that was the code. I am requesting, for 14 your information, because I don't think 15 that code allows for an accessory 16 building on a lot by itself. So 17 therefore 18 MR. BURDEN: I think you made a 19 mistake. I think there is a typo there. 20 You're saying '68. 21 MEMBER HORNING: There is two 22 variances, sir. 23 MR. BURDEN: Well, they can't be for 24 the same building. 25 MEMBER HORNING: They are not. One is 0 I January 9, 2014 Regular Meeting 42 1 a lot frontage on Old Jule Lane. One is 2 for a nonconforming front yard setback 3 for a garage. It doesn't mention anything 4 about 5 MR. BURDEN: Channel Lane; correct? 6 MEMBER HORNING: Yes. 7 MR. BURDEN: But Channel Lane is a 8 nonexistent paper road 9 MEMBER HORNING: Sir, what I am saying 10 is that it doesn't mention anything about 11 granting a variance for an accessory 12 building on a vacant lot. So my 13 assumption is and I have been looking at, 14 is that this is one lot. That's all I am 15 going to say. 16 CHAIRPERSON WEISMAN: There are 17 instances back in the day when adjacent 18 properties did receive relief for the 19 creation of an accessory structure even 20 without a principle dwelling. I would 21 suggest that you go to the Building 22 Department just to confirm it yourself. 23 MR. BURDEN: I have spoken to the 24 supervisor about this and separate lots 25 and I was told that I have separate lots. January 9, 2014 Regular Meeting 43 1 CHAIRPERSON WEISMAN: Well, I would 2 suggest that you go to the Assessor's 3 Office and the Building Department 4 because our records indicate they are 5 one. However, that is not before us. And 6 I think we have covered the issues with 7 regard to the pool and the deck. 8 MR. BURDEN: So you need a letter 9 from me showing other pools in the area 10 and variances like this, where the 11 situation that people got relief? 12 CHAIRPERSON WEISMAN: If there are 13 variances in the neighborhood that have 14 received variance relief and CO's, then 15 we would like to know about it. 16 MR. BURDEN: Absolutely. 17 CHAIRPERSON WEISMAN: Because it then 18 goes along to define character of the 19 neighborhood, which is one of the 20 standards. 21 MR. BURDEN: What else do you want 22 from me? 23 CHAIRPERSON WEISMAN: That is ail 24 that I think that I would require. We 25 just took testimony from you where you January 9, 2019 Regular Meeting 99 1 believe the drywell is for the pool. It 2 probably would be a good thing to get 3 that updated on the survey. Have it 9 identified by a surveyor and put on the 5 survey. You are going to need to have 6 that information for the Trustees anyway. 7 So that will save you some time. I am 8 asking you to take your existing survey 9 let me show you. 10 MR. BURDEN: I understand. You want 11 it updated. 12 CHAIRPERSON WEISMAN: Okay. Any other 13 comments from the Board? 19 MEMBER GOEHRINGER: I just want to 15 know when the timber walkway was built, 16 was that after the pool? 17 MR. BURDEN: Yes. The kids can't just 18 walk down there. So I just took boards 19 and laid them down. 20 CHAIRPERSON WEISMAN: Is there anyone 21 else in the audience that would like to 22 address this application? 23 (No Response.) 29 CHAIRPERSON WEISMAN: Okay. Hearing 25 no further questions, I am going to make ~IO January 9, 2014 Regular Meeting 95 1 a motion to close this hearing subject 2 receipt of documentation of nonconforming 3 pools with CO's and variance relief in 4 the subject neighborhood and an updated 5 survey showing the pool drywell. 6 MEMBER SCHNEIDER: Second. 7 CHAIRPERSON WEISMAN: All in favor? 8 MEMBER DANTES: Aye. 9 MEMBER GOEHRINGER: Aye. 10 MEMBER HORNING: Aye. 11 MEMBER SCHNEIDER: Aye. 12 CHAIRPERSON WEISMAN: Aye. 13 (See Minutes for Resolution.) 19 xxxxxxxx+++++++++++++++++++xxxxxx++++++++ 15 HEARING #6708 - ROBERT WALSH he next 16 CHAIRPERSON 4Rq 17 application befnd is for 18 Robert Walsh, #st for 19 variances fr ection 280-46 20 and Article II 0-15 and the 21 Building In specer 15, 2013, 22 amended Octoberotice of 23 Disapproval b s'cation for 24 building permit for additions and 25 alterations to existing single family TOWN OF SOUTHOLD, NEW YORK DATE _A..Q '.t..15, 1968 ACTION OF THE ZONING BOARD OF APPEALS Ih'~I Appeal No. 1196 - Dated July 18, 1968 " IVV1IfOI YYYY ACTION OF THE ZONING BOARD OF APPEALB OF THE TOWN OF SOUTHOLD Austin B. Tuthill To Ole Jule Lane Appellant Mattituck, New York 11952 at it meeting of the Zoning Board of Appeals' on Thursday, August 15, 1968 the appeal was considered and the action indicated below was taken on your - ( ) Request for variance due~to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( X) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board It was determined that a special exception ( ) be granted ( ) be denied pursuant -to Article Section Subsection paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) he reversed ( ) be confirmed because 7.30 P.M. (E.D.S.T. ) , Upon application of Austin B. Tuthill, Ole Jule Lane, Mattituck, New:York, for a variance -in. accordant a with the Zoning Ordinance, Article III, Section 306, for permission to construct private one car garage and storage building with'. insufficient front yard setback. Location cf property: Channel Lane and Ole Jule Lane, Mattituck, New York, bonded north by,canal, east by H. Terlan, south by Ole Jule Lane, west by Channel Lane. 2. VARIANCE. $y resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties. or unnecessary hardship because SEEREVERSE (b) The hardship created (is) (is not) unique and (would) (would W.0 be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ,r 196 ~ , •tl1 lj ING BOARD OF APPEALS s FORM ZB4 l n ~l f nCAyE, Barbara C. Dittman, Secretary After investigation and inspection the Board finds thatthe applicant requests permission to construct a private one car garage, and storage building with insufficient front yard setback.. This property has frontage on two streets. Ole Jule Lane and Channel Lane. The front back setback requirement would be violated on Channel Lane. The Board finds that this road is not even cut in, tared or paved, and it is unlikely that this road will be cut through by the Town. There is only one building lot on this side of Channel Lane, the one in question, therefore, no front yard setback is being established. In general, the Board la in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the ;hardship created is unique and would not be shared by all property alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spiritof the Ordinance and will not change the character of the district. Therefore, it was RESOLVED Austin B. Tuthill, Ole Jule Lane, Mattituck, New York, be grafted permission to construct a private one car garage and storage building with insufficient front yard setback as applied for on property located Channel Lane and Ole Jule Lane, Mattituck, New York. w r w ~ iarwwrw" apr irAat~tawa 11!11 04 atas "m kw 4" atwr ~ftum"~. "m so ftfto" swom ftuft* am a** PASO bas m" "U be aaa4l+e flM me own me" was A was as two +e som" rttd. " "m "M oam was am "Wo sowwoxilio sm Von%* m No" 1% AM* to 00 *"*so" t,4to rar. .a.~a«I« +ar«a aat am*" be 11r111a U# ow tau soft lam*fttaala« Mar atrrk« eawa a waeswas somm"m via ow No" *Mmom* am"" Us* a w%Wat talA« e.. rawAmUs to waaaw mwat t a w ara 00 asak« tomwom ue momeatlfa dbarm" how we Moo 040 fW*o awkt*bwko !law atawak« la wwwIll awaatta tali *"a* *W* aly IL UWAGOO soak IV 00 "a so** "a bv mom" X4246 P f, "d mWift Maa« xu* SOON%, *tea*# tam UWA6 ewar a vu*mm " WOWAanrs VAMa go wtwma tamus" wa« a we a1Wwaltlm l0 * an""* ar« map"" at0lok« >raesiOtwa Isle wa? A1d~lala lead' OKU waft alww oft iMM ers m awkwa« f U COUNTY OF SUFFOLK " STATE OF NEW YORK } ss: C. Whitney Booth, Jr., being duly sworn, says bounded north by Main Road, east by THE LONG ISLAND LEGAL NOTICES Greenport Homes Subdivision, south by HMAN, o public news- NOTICE OF BEARINGS railroad, west by Pleet Lu mber, Ina Pursuant to Section 154 of the Town 8:10 P; M. (MST), upon appheaaoa iffolk County; and that Laic and the provisions of the amend- °f Suffolk Outdoor Advertising Co., ed ]Building zone o s of the Of the Eaa., west main street, Riverhead. I a printed copy, has been Town of Southold, Suffolk County, New York, for a special exception in i New York, public he4ringa will be accordance with the Zoning Ordinance, Dueler-Mattituck Watch- New r III, Section 408, for permission held of the by the Town of Zoning Southold, Hoard at of the Appeals Town to a off -premises directional Weelfs/ sign 8' x 1 Location of property: Office, Mom Road, Southold, New north aide of f Route 26, Cutchogue, New rC• York, on August 15, 1888, on the fol- York, bounded north by Ralph W. lowing appeals: Sterling Estate, east by New York 1:$0 P. M. (EDM, upon application Telephone Co, south by Main Road, 19...Ki.O of Austin B. Tuthill, Ole Jule Lane, west by Ralph W. Sterling Estate. . Mattituck, New York for a variance 8:20 P. M. (EDST), upon application In Sccotdmw with the Zonlog Ordi- of Suffolk Outdoor Advertising Co., trance, Article III, Section 808, for Inc., West Main Street, Riverhead,"-- permission to constrict private one car New York, for a special exceptton in Savage and storage building with In- accordance with the Zoning Ordinance, sufficient front yard setback. Location Article IV, Section 408, for permission I pt property: Channel Lane and Ole to sign e' erect x an n off-Locationpremises directional Jule Irene, Mattituck, New York, ~ of property: J~ bounded north by mnal, east by H. south side of Route 25, Cutchogue, s ........I day of Therlen, south by Ole Jule Lane, west New York, bounded north by Mahal by Channel Lane. Road, east by Moores Lane or Linden•• 1:45 P. M. (EDST), upon application Avenue, south by North Fork Country of Marvin J. and Natshe Parr, King Club, west by C. Jablonski. Street, Orient, New York, for a varl- Any person desiring to be heard on Sued, In accordance with the Zoning the above application should appear Ordinance, Article III, Section 803, at the time and place specified. Article S, Section 1000A, Article III, DATED: AIIGCST 1, 1958 ,J Z 4i{..• ''c k_.-- Section 307, and Article III, Section BY ORDER OF THE SOUTHOLD 389, for permission to divide lot, each TOWN HOARD OF APPEALS with less than 108 foot frontage. Loca- yon of property: NIS side of King; A.uf.LF. PAT4L Street, Orient, New York bounded Notary '101 "~me 9nw, nm{R by Berge Traube and others, east i:e. r r r by Holtman, south by King Street,:, N 5, 4;0' r peat by M. Latham. i'.nmr;issior trr c.+ La 1!1~(,/ 4:00 P. M. (EDST), upon application of Suffolk Outdoor Advertising CO.,. Inc., West Main Street, Riverhead, New York, for a special exception in W- eordance with the Zoning Ordinance, Article III, section 300, Subsection 10, and Article IV, Section 408, for per- intuden to erect an off-prenuses di- rectional sign 4' x 12•. Location of property: south side of Route 25 near Moores Lane, Greenport, New York, LEGAL NOTICE ^ Notice of Hearings Pura W,Sectlon 207 of the COUNTY OF SUFFOLK, J TowsW an dt~hge Pro provisions of the amended ed SuH Zone Ordinance STATE OF NEW YORK, h ee: of tyre Town of Southold, Suffolk J County, New York, public hearings dui Sworn, will'be hell by the Zoning Board 9 Y of Appeals of the Town of South- old, at the Town Office, Main Road, says that Rt'.. is Printer and Publisher of the SUFFOLK Southold, New York, on August 15, I WEEKLY TINES. a newspaper published at Grega t In said 1068, on the following appeals: J]Or 7:30 P.M. ustio upon appli. county, and That the notice, of which the annexed is a printed x7:30 of Austin B. . Tuthill, , Ole Ole Jul. Lane, Mattituck, New York, for a variance in accordance with Copy, has been published in the said Suffolk Weekly Times t ZoaltlY`lhaluance, Article III' once in each week, for ......a' ~ weekk on 9ld,?f& peamissim to con- struct private one car garage and 7 .!-C:h- storage building with Insufficient' successively OOlrlmenaxng on the ~4.y front yard setback. Location of day of C~. ~.K.'tA...... property: Channel Lane and Ole Jule Lam, Mattituck, New York, bound- , t~1- ed north by canal, cent by H. Ther-- fen, south by Ole Jule Lane, west by Swarn to before me this rfi . Channel Lane. b h 7:45 PAL (.~.$$.T.), upon appli- day of .....6. "c; -Qe 19 6 J cation o1• Mallnd Natelie Parr, J Sing Streal,.Orlmt, New York, for L variance iW accordance with the 4C . Zoning Ordinance, .dole HI, Sec- ~ tion 303, Article X, Section 1000A, Article Ill, Section 307, and Art- icle HI, Section 309, for permission to divide dote each with less than 100. loot frontage. Location of Property: N/E side of,. Smg Street, Orient, Nei: York, bounded north by Serge Traube and others, east by ,Holtzman, south by Ring Street, j west by M. Latham. 8:00 P.M. (ED.S.T.), upon appll-. cation of Suffolk Outdoor Adver- tising Co., Inc., West Main Street;' Riverhead, New York, for a special exception in accordance with thei Zoning Ordinance, Article III, Sec- tion 300, Subsection 10, and Article IV, Section 408, for permission to erect an oft-premises, ddimtional,: sign 6' x 121. Location of property:' south aide of Route 25 near Moores Lane, Greeoport, New York, bound- ed north by Main Road, east by Gmenport Homes Subdivision, south by railroad, west by Fleet Lumber Inc. 8:10 PM. (EDS.T.), upon epplt- catim of Suffolk Outdoor Advertis- ing Co., Inc., West Main Street, Riv- erhead, New York, for a special ex- ception in accordance with the Zon- ing Ordinance, Article III, Section 408, for Permission to erect an off. promises directional sign 6' x 121. Location a property; north aide of Route 25, Cutchogue, New York, bounded north by Ralph W, Ster- ling Estate, east by New York Tel- ephone Co., south by Main Road, west by Ralph W. Sterling Estate. 8:20 P.M. E(:OS.T.), upon appR-i atim of Suffolk Outdoor Adverbs-{ ing Cm, Inc., West Main Sheet Riv- erhead, New York, for a special ex- ception in "CUrdance - with the Zoning Ordinance, Article IV, Sec- tion 408, for persmadon to erect an off-ocarrdses 4lfxctlmal sign g' x 12'. Location Of property: south side of Route 25, Cutchogue, New York bounded north by Main Read,' east by Moores Sane or Linden Ave- nue, south by North Fork Country . Club, weat by C Jablonski Any person desiring to be beard on the above application should ap- pear at the time and Place above specified. DATED: AUGUST 1, 1808, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1tAu9 [roRM ¢ao. s TOWN OF SOUTHOLD I y BUILDING DEPARTMENT ((JJ TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No Date .........._.J :......~3.......... 19..68. Ernest Jones A/C To Austin B. Tuthill Mattituck N.Y. PLEASE TAKE NOTICE that your application dated July for permit to construct Pyt.,Garage............ at the premises located at .Q1e...Z.lae...Id.R.d Street Mattituck, N.Y. Map ...................................Block ?[?P~ .............................Lot.... rIKUJIMCIAMDEKIM disapproved on the followinp, groun& Insufficient„setback .for...ac.ee.saosy..building...(Xuat...he...in..rear..yard..ar.ea Art... 1.11...Se.9...3.QQ..-6) Building Inspector i TOWN OF SOUTHOLD, NEW YORK Iz( APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO..(0 DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.-Y.. (we-)..Y..&4x.!1.Y...9....TU..1 m! '!............of .........O.. z7k.LC......1'F}N.F_ 11 Name of Appellant Street and Number ......1.11 RTr .:r... i!.u5 IN!...J,.......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO DATED rl...r..$.l1O.'P....................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ..ur..~r..i=.....Z...!!. -3:....F..4:......... A].... y Street and Number Municipality r State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY a6Rtrrr TO 60t-b 1. LOCATION OF THE PROPERTY ...........I-.l.=:....~T..U.L.I:.....'KS :....................A Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 4Rr+r 1-r S' rfoiJ Sob 3. TYPE OF APPEAL Appeal is made herewith for (A A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (+m* (has not) been made with respect to this decision of the Building Inspector or with respect. to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (K) A Variance to the Zoning Ordinance is requested for the reason that Form zst (Continue on other side) REASON FOR APPEAL Continued fff 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because I UUU :5F-7T B PICK DF 3S-' ON &OTfF s7RTE'77- U6sERveNeE vF ''1=/t'B^,r V/9-Rp", S/UE v>4ien Re:.9-z y~jv, C~ - 1-er~e3 ~r'f~f-~e Sg r on ~vh.' `}hrJ ~ y'U ~ONSl~PrrcT- 4CC~sseay BOG-, ~1,{r3 ~-Or rs To /3z_ ~~f=r 10000r3p sJ 61-91-- (,arr- c R"i -t-'I ar YcsiBtR Pao"I D/-e Tvr r_ r ANr_, /9NN~t L/~NC f1/7S Nor BrsN loNSrR~~17.D 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 1 (fF2I A' 9F, (7NLy rcvv C>) I~RRCr?Ly o/~ C(}FFNIV6L 1-4NF BNF_Cr~ 0t4 pA 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 1'heae is oN 11 0Mr- 6 g~~G k-of- 01Y rN~:, Sipe 0-F ~PAW/Ir-3i L09 .1`0 _RACK Nor /3F iN G r 5 T-A3sN-rI). STATE OF NEW YORK ss ............•-.::••...r•-••-•• COUNTY OF S4F~d JH[Q) T Signature Sworn to thi .......:...././...VD.. /.-2 . day of.......N•..(l~-.y......... 1966D .....Y........!~..^...........'........ ~.,,u...... Notary Public I'ENAN NOTARY PPUBLBLLI M.SCee of Mw_ym No. 525758570 Raiding in Suffolk Cauoy &MMI.SiOn UPInS Marsh 30, U 7a roam NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ~ I Examined .....C.:f::"' -L. 19. ~t Application No Approved 19........ Permit No....2.................... Disapproved a/c 5 ............t...................... (Building inspector) APPLICATION FOR BUILDING PERMIT i^ Date .........::.v.L.y ...............1<.8..~..1....., 79.Wb..... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. 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 permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, but I& ode, housing. cocleaa~ regulations. ..../1.......'.'.'..`!'............ (Signature of applicant, etnarne, if-seerporvtion) ~LG 7U7tt=.......-........t.........T irvac~^.!-2- (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. 0511 N.GK 'S Name of owner of premises .....L••+•. U..S.~.. ~.N..........8..........L. If applicant is a corporate, signature of duly authorized officer. ....................:7=.................................................................... (Name and title of corporate officer) 1. Location of land an which proposed work will be done. Map No.: Lot No.:........................ Street and Number LHN% , A it - Hrmctle'p J'v.YYEVI Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy v~ae NT' 1-ANo b, Intended use and occupancy ..(J..h~y..... 1. ' G.-HA'&.C.....~{~...~.S. OR,P; (r1 ,..,13l-,;Q.(;n it 3. Nature of work (check which applicable): New Building X......... Addi,.,n Alteration Repair Removal Demolition.................. Other Work (Describe) I U^ 4. Estimated Cost 0. ....(y..OD. ....~O -^b .......................Fee ...~P.....V.i... OD (to be paid on filing this application) 5. If dwelling, number of dwelling units ...............Number of dwelling units on each floor........'. If garage, number of cars Ot4.a..... C:) 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 some structure with alterations or additions: Front .........7= Rear Depth .................7:77:7: Height ............'.............Number of Stories 8. Dimensions of entire new construction: Front .....rlZ.................... Rear .....ral./ Depth...r.-VR.............. Height :~..~.~.....rn~Number 9f Stories 0T.4f..... 4( 9. Size of lot: Front .....a.. .3.9......... Rear .LQ.~?...., .2':.........:.. Depth Js.~ 10. Date of Purchase ......~.1..A31.&.. (J. Name of Former Owner F/j,IR!YCr,%5,,,,,, ,!PY„Fr,.l? . q rY 1112.. Zone or use district in which premises are situated S.T.:..(i.!3.G'..".('.LM!f.!s~ Does proposed construction violate any zoning law, ordinance or regulation? 13. Name of Owner of premises P&AT.7N1...8 111 W.I.4.."dress M-PITZ.:!wC.-t..... N.Y..... Phone N.A%F:7?0~t Name of Architect ......................................................Address Phone No.....-.:'........... Name of Contractor ..................................Address Phone No....... PLOT DIAGRAM ~pM ^s e Locate clearly and distinctly all uildings, w er ing or proposed, and indicate all set-back dimensions from property lines. Give street and bloc) number or desc iption according to deed, and show street names and indicate whether interior or corner lot. LaNA OF J. Zrl,3Rosx 11 fv~.sr, CaN~L ur yt, t J. I 9 YD Oc /4-45, i u r f,LL s U T VV`. V i 06-E TotiF yp~~ STATE OF NEW YORK, IS.S. COUNTY OF ...$.U ......f VST~N......... UTH/L(, being duly sworn, deposes and says that he is the applicant (Name of Individual signing application) above named. He is the (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to bgfore me this day of .><-y........ 79.02. f= -OL C r............ Notary bli . ............~.........r VEfB O[FNH ,,I'Rty.. (Signature of of applicant) NOTARY PUBLIC, St at NM YpQ / No. 52 5758570 F/ No. Suffolk Residing in n Suffolk QNRmiaian fxpires ertti 90. 191M ( f TOWN OF SOUTHOLD PROPERTY RECORD -CARD OWNER STREET VILLAGE - DISTRICT SU LOT s ~OY_YdtH.fl- piT 7'v C `y'.•.t. FORMER OWNER N E ACREAGE t -r r L9. 1_1ZL n. c./'uwta,rooes z S(L TYPE OF BUILDING SEAS. VL. FARM COMM. IND. CB. I MISC. LAND IMP. TOTAL DATE REMARKS 3GO -3 CO 5 S' $-TY~ 11r 1 .YO H ZJi4rnClO St- 0 31/6,- 11 f 0 2966 ~Q d_ Z~'~ 5~?~LPsGb < Cad y a., / /Goo -on zi Gs Y/3q z ssFC( Soo o 630 j /oou NEW NORMAL_ BELO~ ABOVE Farm Acre Value Per Acre Value - - Fillable I rmable 2 Filloble 3 Noodland ;i wampland Irushland louse Plot ' atnl i I j 1- /0 a I I I r M. Bldg. Foundation Bath Extension oSL/ 9Sp Basement Floors ` Extension a I b Ext. Wolls j Interior Finish f d,_- Q ire Place I~ `+-Heat E<tension . ,c ij 0 Do F 65 Porch Attie I Porch ~ Rooms lst Floor ~ ~ Breezeway-. Patio Rooms 2nd Floor Garage Driveway 0. B. as _ 6--TOWN OF SOUTHOLD PwOPERTY RECORD CARD ii OWNER STREET' VILLAGEEy DISTRICT SUB. LOT/ ?Irn~cly,4 L~JUY ~ Q V/4ti t c FORMET'!N~/~ T N ~d n a E '/a l Y AC33 GE S W TYPE OF BUILDING ' io,-; ad/ ~k lG V n t SEAS. VL FARM COMM. IND. CB. MISC. Fst. Mkt. Value >ND IMP. TOTAL DATE REMARKS U 0 ,f 0 0 i i3 G " -s o - gG i7 ~O n 61111 SrE'.C 'r/5 Hn T•if/+; //o T.r< Ao3 0 G I _ 1r Trox l F{ 1~ Rued= uV O Sa' 0 4 3 00 300 3~0 /(Poo P 8/9 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER 0__ 6 O Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD -illable 2 DOCK rilloble 3 Noodland iwamPland 3rushland louse Plot - rota, i - LI ; 1 1 I _ . Bldg. Foundation Both ,tension 'Basement Floors t .t aension Ext. Walls Interior Finish ! :tension Fire Place - Heat 1 Parch jRoof Type Porch- Rcoms 1st Floor eezeway Patio Rooms 2nd Floor xa v a ae ai 6 _Driveway )(.2 73 Dormer B. I i wtxu~xs s0UnKxD INN awl) Cr APF"L3 A,amnes 15, i9ai R regular neetiatr st the b"Shold Tees heard of Appeals woe bold st 7130 I.M.. YhralVdW, AYylest lf, 19sm, at the Iowa Wiriae, Win Roed? UvaUwld, Marc York, n"" wore prmemmtl 1lNSa1 itobert a.©tlllepie, Jr., '-b"raana mehart sorgas? Prod Melee, Jr., surge noyea, Jr. AhemOpr~tf. Clurlea GrLqoAL*f Jiro PUTA.W W4RIM01 Appall No. IL" - 7130 Up" appliestiom at Rwtia a. Tethlil, Oie Joie Lamp Netritork, Mau York, ter a variorem to ascordamce with the zomiso ONittamme, r.rtialo Tit, seetien 306, ter pessiasies to ammetrrar vat* etn ves 9arope and etoraga boildLog with laeuttiabst treat recd eetbrsk. Low •tles of pseportyl Cbwmwt Lass asd 016 Join Lame, Mattitnah? New York, bounded north bw eseai, east by No Torino, saute by 014 AsIs Lase, .eat by Chareel l ass. PM paid 610000 The Clwirgae epwd the hearing br reading the appilnasias for a wtl+ww.ipul mattes et hearilwa attlderrit attoatiao to its pub- Liaatiew la the e[llelsl asWSpapmr, Pad cmtiee to the aMlisaties. 2m c"901UMt to am* a*reM ~rwsewt whe wtshee to amok is istrmf of the aNtiestlest that wmW be pe its. Tuthill. ANTIS TU MiL1.1 t dart hoar em"lly Whet trMold ear. TWC CMA14MANS DO y" have smythly to adi to the ayplieatioor Mo tvnitl.L1 t dom't thiak so. Let me ?ak yer it there Lo anything OAS !malt clear. swam" "m as" a Amm" .2. sLoAp"S is, Lt" m CHUM MI AO t am it rson U" s4tsh rm be" 07 rest an sue JWis tors. This is a pleaNaped let. til. TOMLLs Ile. WlMM TYuars qs to ft slate sad of the serve %Mrs. It's the first lot es ree area Ns OR me slave. Md tMAtat"S Tow we late, sad this¢ves the dinssslos of ors? Mt. AU M1 ulyitt. M? SNIMt shoe the lots heepht at MAaratai tics? 1M7. TUlMILLt YN. !F!. WAIMs UL46 strWOtere is an OW lot. tIR. TUTMI"t Voo. na COMIN lft taw weak" pwcpsses it is ail one loc. Are you p leM Uq to sell Ow WO Mli. TU1311"t no. US CM IRWNt The hottee sus an the projArtr steno you booot t%'P MR. TUIa"I Thos is anethsr application La, and approved to add ante the other aids ar it. 1l MAW TORRYt Thai pease Will overhang both iota. No. itBt MNS lass this will always be are lots ttR. Ttrritlu.t Yaa. THR CHAT MM&XI ghat is year total acroaoeF Atli. WTHILLt Aboat 1/3 of as ocre. T!tll CHASQfMIq This lot is about 100 feet by 131 teat. MR. TUMLLt The usher cow i• the sale. TMs QUIOV.'Xf ChatsYtl Lane Ls that t Does .t t yo &ft Qwre7 UWAM 2SM# It s o 20 toot read that the ions hoo never taken eOe r . M OUIRWMe kbhat was the Purpose of haelon it cut In ttaera. to rases the creak? 12WARD TBRRYt It was part or the deal When the fOen tmik imet Jule Lam. soetbeld Tom am" tit Appals -i- Attaest 13, at" I n 6 IW. bi1MXn Tbare to se tore-aretad at the sode rhero is as purpose , ,to setting it tkromA. TM CRAM AXI Is these anvUlas else. Pagano wish is ape•k for ibis appiisatten tatherr (there ass no Respone.) VU CKAIAMX# Awyeas present wish to spank agaloat this spptieatIMT Mme was se response.) After itmestigatien sad twommstew the hoard tlods wad the applicant requests pesriesion to attnetrust a private use ear yaravtt am storase bedding with iMrffiosest crest ysrd setback. This property bee frans/o ON ten atrMts, 4Le .leis Laee,aad OMMI Lass. The treat beak setback regeireosnt would be vtelsted at cbroaeL Lacs, the Srard tiade that this rood is rot ovoid cut La, "cod or paved, and It is mIlisly that tbls road will be cat ihtousb by the Tamar. Thera is may cos building lot on this aids of Chawasl :.halo. the acts Ls questioot tbsretoret so leant yard setback is beano estsibUsbsd. la tr "Col, tke wand in in aarommost with tho rersealay of the applicant, Mo +ls"A finis b"t strict appiLpatiseoi the Ordinance will produce practical difficulties or wAmo troory hartlauipt ttta h"da"jo created is unique had would not be shared by all property aliba in the Immediate viclalty tit tits property and is the saes use districts and the varianso does observe the spirit of the Ordiaamo rad rill set oban" tie Character of the district. on notion by air. bergess seconded by f. 41111spM, it wan :it;.eOLV,L'D muddle 8, Tuthill, CA* dWLa :Aida, tuttlcuak, New York, be psanted ptrrslsaton to ecoatrmt a laivste ttwe ear ssraslo and Storage beildtso witb ltrsurficiant fleet yard eettaa . as app,liod for tto property located Chtttaot Lana and Jlo J.ato Lt+aet .l,ttituck. lac,. Yark. Vote of taut seardt eyeat- arr. Oillispie, t1r. akr~ca, .•ic, iWlse, Nr.:wyws. YtIW= MIANllfrt hlapeai no. 1LVS - 7t45 P.tt.(L.D.c;.C.), venue application ae Margin .l had lktalie t",acre xing rtreste acLeat, tie* York, tar s varlreee in &"ardame with %be Zest" Cedlnssoe, nrtleLe III. Section ]lilt ArtioLe X, 6"alon LW.X ke ArticLs 111, Section Sur, Article III, sectieo iVS, ter remission to divto lot with sack 61" 1s" than LW door trostase.L,osalLow of peopertyr hits setts ed KLav Street, owl"%, ,saw York, boaftosd north by 46SOe rWAWm *md otbars cost by tioltrasltt south by King street, oast by M. Ls?esn, it,a p.-kid $.UO/ The L"Lxeaa opowd the bearing try rsadisq tae apyaieativo ic.r a varlaaese legakI nottde to bsarits, arlidavit attestisy to its publieatior ' tbo official Newspaper, and notice to ten cNtt+statet. Sopte;nber 24, 1966 Nr. Austin B. Tuthill Ole Jule Lane Hattituck, now York Dear Sir; In clearing up the August 15th agenda of the Board of Appeals, I find that you owe a $5,00 fee for the pewit for the garage which they approved on your westerly lot. All other lees have been paid. Thank you for your cooperation. Yours truly, oourrs truly, `ward ® Howard Torry, Terry, Southold Town Building Inspector 4p ll w' J 1 7f 1 a: 4 BOARD MEMBERS ~F soar Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 ti~ l0 Eric Dantes Southold, NY 11971-0959 Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Horning ~ 54375 Main Road (at Youngs Avenue) Kenneth Schneider ~yCow Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 March 24, 2014 Lorraine and Richard Burden 2800 Ole Jule Lane Mattituck, NY 11952 Re: ZBA File#6712 Dear Lorraine and Richard Burden: Enclosed is a copy of the Zoning Board's March 20, 2014 determination filed today with the Town Clerk regarding your application. Sincerely, Vicki Toth Encl. CC: Building Department b ffE+e EC xd AF s,aue 14 16.1A(c) ~ LOA w eEE . I wm I ^ m o i m 2 a 2 S t.a R F 2,Nc) OLENLE xa 1 I, M.6 ~A 1..Wc) B 4I.oP • V ~ LaPlc) 1 ~y W a i 52 1St ~ - 1 7' M.1 ~a.1 ~U 1a~ i 9 a t 6 a 14. 12 - ,a 11 m ]9.y 20 a0 N ]2 w m j 9 at x ! E. ,ErpN ao. Nm zi JcauN,vah. s w.t 311 u surf / 'S„ mw 01iAtn ,o ? ~ G It y J 137 U12DE~J, G-7 1a fi b 721 e 12A r n mat V 8 ~ l h2 i t.,a a s x W012 e)' / S IONN 6 / a ,sP t23 726 9A laa- , sr ~ e °Tl we x~xo. sm HEZG NO 1vmale " wa>cr---urE `a __------l1NE 1,00 PV rICOUNTY OF SUFFOLK x u1 114 ++e ,vnN6 SOUTHOLD SECTION NO © s NOTICE E +u e +n w>/i6 +u .NNrEwrce.u,Eascx.Ene ox ~,.~f„> Real property Tax ServiceA9 ~Y rY 122 M+niAnon V.wrfW1gx 611E ']yF-J`~i Cwnq CEr~In 111.vNEN.NYtt!% M tE 1N a ouCOWT'lA[uK is PROnE'.EO EN.eEi~ wmwrvxrtrtxnwnaxux6 T1F yP~ A t1 m,nitt xo 1000 PROPERTY MAP P IX wn+EwxE aru Nanemx,>xsrmicENExcr s ~car.>:uww11.... o>, m> -ilk