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HomeMy WebLinkAbout4533_ � `�•S3 � — _ �/��, /�i� /fig __ �e���iz�� -- J �riEerf_ O/°�N To TNe �.� �(1lucic.x.2(fdc_'Lt �%__ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora George Horning Lora S. Collins h�O��gUFFOC�-�oG o y< C*IV x W • BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY 22, 1998 Appl. No. 4533 - DEBORAH LYONS & ANDREW COHEN PARCEL 1000-24-2-4 STREET & LOCALITY: 355 SKIPPERS LANE, ORIENT DATE OF PUBLIC HEARING: JANUARY 15, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: This property is located in an R-40 Low -Density Residential Zone District, being situate on the southerly side of Skippers Lane (a/k/a State Street), Orient. Confirmed by a survey map prepared December 7, 1996 by Stanley Isaksen, Jr., Land Surveyor, this lot contains a total area of 8,285.09 sq. ft. and is improved with a two-story wood frame residence with attached garage and stoop areas, and accessory frame garage. Construction in the dwelling is taking place under Permit No. 24421Z dated October 21, 1997. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated December 15, 1997 which reads as follows: 11 ...1) the proposed deck construction being located on a non -con forming lot in an R40 District is required to be 35 ft. from the rear property line given the lot is approximately 8276 sq. ft. pursuant to Article XXIV 100-2446; (2) the proposed deck construction being loca- ted on a non -conforming lot in an R40 Zone with a lot area of approximately 8276 sq. ft. exceeds allowable lot coverage by approximately 168 sq. ft. pursuant to Article IIIA 100-30A.3. Action required by the Zoning Board of Appeals. AREA VARIANCE RELIEF REQUESTED BY To locate Z5 IT. Dy Z1 It. LWO-SWry WOuueU 1VWer PVrcn W.... upper deck addition at rear of existing dwelling, leaving a setback at 28 ft. 6 in. at its closest point to the rear property line. (A lot coverage increase of 168 sq. ft. is requested.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: Page 2 - Appl. No. 4533 Re: Cohen & Lyons 1000-24-2-4 Decision Rendered January 22, 1998 REASONS FOR BOARD ACTION, DESCRIBED BELOW: The proposed addition comprises an unenclosed but covered porch at first floor level and an open deck at the second floor level. The requested variance would allow the two-story addition to be built at a setback of 28'6" from the rear line on a lot for which the required setback is 35 feet, and would increase the lot coverage from the allowed 20% to 22%. Taken alone, these deviations from the area requirements might be acceptable. However, grant of the requested variance would produce an undesirable change in the character of the neighborhood and a detriment to nearby properties because the proposed two-story addition would considerably increase the already substantial bulk and mass of the house as viewed from neighboring properties and from the public park behind the house. The difficulty is self-created, arising from the applicant's proposal to add a porch and deck. Because of the small size of the lot and the existing lot coverage, the benefit of an outdoor deck cannot be achieved by a method, feasible for the applicant, other than some sort of area variance. As an alternative to the relief requested by the applicant, the Board has considered granting an area variance to construct an open deck at first floor level, in accordance with the plans submitted by applicant but omitting the proposed second story. In light of the density of existing structures in the neighborhood, and of the fact that several neighboring houses have rear setbacks of less than 35 feet, the Board finds that granting a variance to construct such a first floor level deck will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Board further finds that such a variance is not substantial and will not adversely affect physical or environmental conditions in the neighborhood. The Board finds that alternative relief in the form of an area variance allowing construction of a first floor level open deck is the minimum necessary and adequate to benefit the aplicant while at the same time preserving and protecting the character of the neighborhood. On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, TO DENY the application submitted by applicant and TO GRANT AS ALTERNATIVE RELIEF, an area variance permitting construction of a lower level addition as proposed by the applicant comprising of an unenclosed first -floor deck open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA AND COLLINS. THIS UT DULY ADOPTED. (Absent and excused: erP-w1§9nd.) c. GERARD P. GOEHRI GER,P,HAIRMAN AS400/LindaK/Actions24-2- APPROVED FOR FILING 1/.25'/98 6 wv, Page Additional �Aearings Southold Town Board of Appeals Meeting to be held January 15,:1998 7:10, p.m. Appl. No. 4532 - SHAWN and DAWN WILLIAMS. Applicants are requesting a Variance under Article III -A, Section 100-30A.4, based upon the Building. Inspector's November 19; 1997 Notice of Disapproval for the proposed relocation of existing accessory shed to a new location in the front yard at a distance closer than the required 20 feet to the north (side) property line. This parcel contains a'total lot size of 81,921 sq_ ' ft. Location of Property: 405 South Drive, Mattituck, NY; County Parcel No. 1000-106-11-20; Lot D on the "1914 Filed Map of Shore Acres. 7:15 p.m. Appl. No. 4531 - DEBORAH LYONS and ANDREW COHEN. Applicants: are requesting a Variance under Article XXIV, Section 100-244B and Article III -A, Section 100-30A.3, based upon the Building Inspector's December 15, 1997 Notice of Disapproval for construction of a wooden deck: (1) at less than the required 35 feet from rear property line, and (2) exceeding allowable lot coverage. This parcel contains a total lot size of 8,276+- square feet and is known 355 Sltippers Lane, Orient; County Parcel No. 1000-24-2-4. 7:20 p.m. Continuation of HAY HARBOR CLUB, INC. Project location: Fishers Island, NY. The Board of Appeals will at said time and place hear any and all persons or their representatives desiring to be heard in the above application. The hearing will not start before the time designated, and written statements may be submitted before the hearing, ends. The files are available for review during Town Hall business hours (8-4 p.m.). 1000-27.1-1, Zana hahuBiKmhew;a comrooaoameshw after h* 1,1983." Location: of Proputr Harbor Road, Orient, NL' .. 7:10 pm: Appl. No. 4532 SHAWN and DAWN WILLIAMS. Appiiwms.are requesting a Variance under Article 1&A, Section 100- 30A4,.. based upon -the Building - " anspectoes Novemberl%1997Notice ofDisapproval for fire Proposed mloca- lion of eristi�azcessoryshed mancXv - -i locationin ttiefmm yard at a drstaace . closer Oramdue required2&led to the inorth )Pmpenp fine ,7.bs parcel , contains a totallutsiae481XI sq: tt - .. "Location ofiraperf3:�4455auth Dme, `AT+D Mauimck, N cr a rry Parcel No. SOWN tTPHOLDTOWN •IOOD 1t16-1120; Lot D on De-1914 . Eiledhopofshor&*res. BOARD ORAPP ii'p 04 THURSDAY,JANUARY 15,1998 NOTICE IS HEREBY GIVEN,Wr- -. --areFeguesFioga snort to Section 267-of the'Sbwn Law and the code of the TownoESouthold Vadaoce unda>Article 1LXIfSecuon 1W 2448 and Artie 0 xx Section STATE OF NEW YORK) the following applications wffi be held >100-3pfy3,...:based ,upon;rhe sectio8 )SS: for public hearings by the :. SOUTHOLD TOWN "BOARD OR '. sInspector'sDecendter 1581997 Nona of Dsappcnvat for conn iicdon of a COUNTY OF <F LK APPEALS, atthe Southold Town Hall, woodem neck.. (1j at Iess tI>m the ` 1S (� f } 1� of Mattituck, in said 53095 Main Road, Southold, NewNrak 11971, on THURSDAY, JANUARY -rego¢�, 35 %et from">:ear property "E�and a4 ffiga8owabtelot j) it► county, being duly sworn, says that he/she is ss,1998atthetimesnotedbelow(oras ' .cove, Ths pmoel,tains a total Principal clerk of fiF1E SUFFOLK TIMES, a �as nasi r`�iob s3z =tin la of quay icer dad loxr m as355.Skippes Lvr, OdeM weekly newspaper, published at MaWtuck, in ANEPASCALS. Based upon the Notices.. of -Disapproval 'dated' CoumpPAn6kNWIMD-24-24.. 7" pat, ca ttnuation of HAY the Town of Southold, County of Suffolk and November 10, 1997, revised =5197, and Disapproval dated November 17, MAR 01t, tLvs,: nvw, 10- ced6a` "kas Is[md,NY State of New York; and that the Notice of which 1997, applicant is proposing mbuild a �. The Board of Appead% Viill at said the annexed is a printed copy, has been regu- new neck' addttroa :nuns requess ,;; G variances under Artide"I6A saaiuna,- i^itme ami.placnbeacaapandzTEpersons be laxly published in said Newspaper once each 1°D 3°" Az°e1e- 100.244B" and : 'IW-�2394B for , vim 4 ,g 16 =ro & ,BPpt�on, T� fine week for week successively, Increase of Isetba* from {�� I start before to aeaigoazed andva5iitens!aw�eosmay . commencing on the _day the reduction, is setback from the from fine, and redaction in setback_�TheSles be submitted before,the'Ma®g ends..= {{ �r-� i /� ,/- (' 19 of �l i I� ,[ (��`. property from bnFkhead. Iacauon of PmpeRy are'avatlable fotmiew dm- . &°re8 Town: Kati busmen hours (8.4 N o.I000-87-3-1&-_- 00 a Boulevard,Southold; T�Ifiyutni 7xire9i+ �-- Parcxl No..iDDD-873-8 -.4 � Q n I� 6S5 pm Appl No 4so1 he snat:ovoIl765-dBtIQ: Principal Clerk ELEANOR NA@Y (Hearing carry- 11Dated;Deamberit8;.1997. "-- over from September 25 1497)' Applicant is requesting a Waiver under Article--14`Secffon Ym2Gbased upon' 'ORDER THE • SO�gOLD TOWN . Sworn to bef re me this %� - the July 7 199TNotice:of Disapproval ' BOAR11} APPEALS - OERARD.P-.C,QEHRMGER,. I9 day ofrman of the Building bspecior-whieh states:.. (1) under Article 11,;Section 100- :. Cow �9 Lfnda Awalski klAR ` 24A(1)'land-atea identified as Iwo Uit k f? rrt ARA FOSTER '- YOR! 27-4-2 and 1000-27-4-3 were;created the 1267-ITJS / v j ro- LIS Iv+. Fc n� by deedo-not-in 1965 and doraleeeett y mmimnm lot regmmments (12,500 at) LJa.:� 1r�uir iti vu :3 y� liuivl,.- and (2) under Article: D, Section. 100- _ 'M 25A, total lana area merger =sts for FOM NO. 3 TOWN OF SOUTHOLD .BUILDING DEPARTMENT SOUTHOLD, N.Y- NOTICE OF DISAPPROVAL DATE: To Samuels..Steelman. n. A/C_ Cohe ......... 25235 Main Rd Cutc4ogue.9. j 35. DEC !; 6 p PLEASE TAKE NOTICE that your application dated Actpbaz _.2-L. -------- for permit to amend .:...... by_ constryctipg_a,.8` y_Z%' .QCLd _deck ............... at Location of Property .355....._.__?ic?peers La_____________'•__.Qrieut__-.-_-----_- House No. Street Hamlet. County -'Tax Map No. 1000 - Section 2-4 ........ BLOCK ..02 ....... LOT _.04________. Subdivision ------------------------ ------ Filed Map No_ --------- Lot No. ------- Is ____— is returned herewith and disapproved on the following grounds »_ proposed deck construction being_located on a non-confoaming lot in an R40 District is required to .... be 35' from the rear property line given the lot is approximately 8276 sq. ft. "pursuant ............................... to Article %%IV 100-244B. 2) The proposed deck construction being located on a nonconforming lot in an R40 Zone with a lot area of approximately 8276 sq< ft. .............................. exceeds allowable lot coverage_ by approximately.168 sqz.,: ft. pursuant to Article ............................... IIIA 100-30A.3. Action required by the Zoning Board of Appeals. ...................... .............................. .." •.......................... SIINSPECTOR RV 1/80 �: ,: �...<✓ Ut)AI (IP HEALTH ............... . Fogg Nb. 1 3 _SKITS OF PIANS . ........... ` TOWN OF SOUTHOLD. S1111VISY ........................ ` II111IMING DEPARTHEINT CIIECK ........................... 'I'ONt•HALL SEPTIC FORK..................... SOW Fllol.l H.Y. 11971 C' CAI Ll c,4 19. f . - / d}p •, NAZI. fO:......... .ant fn c? .. .... ilisaltfnwtKla/c ......................................... ......... .............. ...... ...... ....: .... ..... ... ..F.�..... (Al "1 51x' or) .... ...... .... , '. - APPLICATION FOR BUILDING PE-MUT i� _ Nate- 19.�� I NSTRUC I' 1 ONS a.. '111is upplicaLiolan/sl lie ccalglelely.filled fu by Lypewrirter or io fuk sod sldinitted to LIIe Iulflding insl)ector will, '1 seLs Of plans, necurate plot plan lO scale. fee accordlog to schedule. I). 1'IOt plail allwing location of lot •uxi of buildilys QI prellses, relalions(lip to adjoining presisen or lithlic al:teel.a Or areas, and giving a delailed'descript lon of layout: of Inofmrty neat lie (it mal on I:he diagran cilich is Iwrt of Ibis allAicalirn. c. 'tile workcovered by t11ia..ah[Ilicatim mry Wit. lie CoAllelliCed before iseuaalce of Wilding hermit. it. Nixxl alg).rrrvai Of this afgllicall9n, :tile iluildiol; InspeclOr Trill icstle a IAlildhT,, 1'exrnit to the afi(tlicala. Sirb fxumi['ahall he :kept. (a) the Ineafses available for insliec-tim lhloog1loot the WOHI. e.. No Ixlildiog shall Its ex:cupied or used fn l+hole or fn Ixart: for airy lalrixlse whatevelr InlCll it Certificate of o•cofxax:y tliall have (men granted by tile. Iloilding lusfx'clor. A1113.10VVION IS IC-lsf?RY IVJtS UI. the Buildiog IleltarUnenl for the issuance of a Iloilding Permit Ixn-Inlanlr to the lloilding yxxx; ordillax'e of Lbe 3txal of Scxdlx)Id, Suffolk Qx)ul:y, New Yolk, alxl.other applicable imaa, Ordilrmces or Regulations, for lix: txxl$Lluctirnl of-lxdidhlgs, additiix)s or afteKstioos, Or .for r(�IxNal Or d nalition, as Ilereill described. lbe applicant agrees to CoiljAy with all, applicable laws, Ordinances, Ix1llding Code,lxxcsing ccxle, alid lelufal foils, alid LO 04111L aullwrized. insllr:clors oo prenises sill in lellldlrq) for necessary lnspe .'Ors. (Signature of olq/licant, or name, if it corliotation) 1 1.`aM?&1�1F�li�l (Mil ing address of applicanl) 11-)P5. - Stale cdle,llaer agdlcant is /inter, lessee yens architect, enpux.er, fusee t cdntl u.l Or electrician, piudter ill Ixnider. ti— :.:.. :...:......... �/ tknte of: saner of premises: ..!.�.7;`-' Y�!-...WM::► -! "..... .T�IVV !-'.`..:1.`! � ...""' 1..%�N .............• (as In lbe-tax roll or latest deed) - If spill icanl is at corixrraticxt, signature Of::duly aulfwr l>xd Officer. ....... ..:._. ........... (Nmia six] title of cotixxaLe officer) lloildera License. NO..' ......................... Plud)err. License No. .....: Rlectrichos License No. Outer Trode's Liceuae No. .. ., 1. I<x-alim of. land Oil vhicil pmlxased wotk willliedone-- .................... ............................_ :. ............. 5......SM` .. ............. Bouse 3vtIler >t re/c�lC� IWiti lel- 0louty Tax t61p Ito.. IIXIn SmLicxl ....Y.!-' `.....: ISicxk ...0. ....... Int `....V4. SolxI iv is i"I .................. .. ......... ......_ 1?i4ell Hap No ............... Int: ..........r.... (Hne). 2. "SVate existing Ilse :axi gcculhmx'y ofaprestises and i`otteoded. use .11x1 cx:cuikaaxy of proliosed Construct. ion: a. Existil,g use and occollaricy....1.1[--}.�� l—l�fi-1. :........... ......... h. Inteixkd use sod Occulinmy .....PNF61 1J{;:.......... ....... ................................. L tEti � Millue of lank (dieck 1,111d1.:.nyhdlulLle)t IJru @lyldhyy ........... Mklllyon .t Itiglair Hcmrrval Ik�iral.i Woo ' V" ...-. Ali'e-al:ion.. !`.. ..... Other [klila ..... .. /^y/ (Oun rips ioo) h. Gsliamled(ost .. �.i.G�j,OX?.... feu`... (lo Ile poll oil .illi;;; Illis appltuoion) il'rtxa l,by;. Ix+llxx of diel l{ogunit:: ....•t' 1.::... !toilerof t1.�-lliIII; unl Icxl racir. firxlr ...-...... If garnl,(i, txnlaer of corn..........:.. Ixlliloffni, comlerclal or udxed Ix:colialxy, specify oaiu(r�e null exlenl of each lyile of line /. F)isclla hx of of uxisf ing slnxluu•n, if nays Irl(ma it of 1 1 .... �. t Ik lir 7k.iy;la ... �,• huller of Sloril.s ...... 77(� ,y 2 ❑lnlalNllxla oP no�%liy�ulrtl nx lute with all la lixis lir.Ix1111.1ona. loot "7'.04 , Jy Ik.pl4 : I4: iy;ht ... •� ) .. hear fFabcr of Sear l[.s .. ...... If. I) ma n: time; of ell! I.ra Ierw I(xlSlllx'( loo; i ... f .. . 1 .. 1/ k!p111 .... ik.ly;irl .1.�2•,• -•,•,1 Rolle of ;(or fell �j ( -�y./ ._... _ ze of lint 1`r(mil( 87. Itrar C.� i2 1 I L (0.... �y -` .... IL plh :. ..o I(1. 11H a <tC I\Ir r hrt.,e Nnx elf' ... �/} �r'l7 1 1 r ���... Fou�x l flhx:r h1 ' r. V l..V V4-�e• 11. Z.mxa or tine dnd ilei In VAlich families are alluated IZ. llx:s propcacd r(muo: nx:l loll violate any ZIx l I ng. I:Im. out Ioal .e or- Ieglrl at lou: .�... ....i........ 11. Will fol: 1x. regi«led ... ( / ��}} ... will excess fill in. renewed fror pled YFS to tiulxan of (kimi- of preala(.aA(4lrene .. C,{ 5511,, ``CC ... :." .. ... l� Mon, [to. i W.on of Archllecl: 4i�: eas O,JC 2- f'/lT �� (�{�; .. /l {� 'Y.* l `. .. I1 saw Il:.rxa of I'(xon ace lir-.Il,.�:.1.�c't!:f!N:L�l,l.p C E� Y' t ••...Ackirevs .. ..,....:Mone Is (Ills piolx:rty within 3M feel of it tJdal r,eclatxli YES ...... *IL' YC.4, 1ilMIIlYx 1)' ICMdI.-11at1SOUS N?1441'1' IIAY M JaUplin). - PLOT-DIAGHAPI -! lo(.ale clearly alrl distimcly nil lxiiidyogs, tliellier exisl:lag or prollosed, nlxl ilxlicate I,, sec-hack dlnx:nsiona Ilua plopetiy Ill". (five street mxl blaic ra.dier orrk:scripHoo according In deed AM siioa screec utnlen alxl itrlirslte illielber interior or corner lot. 1. 5.� DizA"I NCS i I i; i i .�frcns iMr Ilai Y(xuc, ... ,.: a (IM11117 (M _ - ...� .. ...`''•"'76 J t' •......bei ng duly toxo n, delxrses tnxl etnyn IIwC be In illi app! iron! ri (Mllu (i ilxlividull sigolog (oullacl). _.. ....: elm lve'n:ux:d,. ((.()Ill uu;(or, ai,cnC, corlicome off CL ... ........... al raid o.nxtl 'ol (wnx:lfl, mxl In dilly aulhoriz(d to yxn'lonn or have ixn loll-til IheM1 ua hl rxuk tnxl to uoke mid file if it, appl ical ion; that 4111 stnlan-1101 crnita(rx:d ie 111{n appl irnl ion me Illi: [e 16e Ixlal: of his klxxal edm � that (Ire rink will Iia 1.erfornxad in-tile acasHn net: lol(11 in the applical.iun filed tlrerewlih, 1'- "Ixl {mil iefl mxl [ ),Mull to lwfole llx' thin.: - ti e LINDA &TAW MT :.. NoWyPuErfaS*dNwYolk Sit,:lrltnle of npplicanl) No, 40485118 Dae w kl Sit" Clxlniy Comn68W Erpkn k(tndl 20, IN J TOWN OF SOUTHOLD, NEW YORK /JRECOM i�9TaO� APPEAL FROM DECISION OF BUILDING. INSPECTOR APPEAt61�10 y�`J DEC 6 199"# Iv i TO THE THE ZON#I,NGttBOARD OF A4PP,E�A,L,Sf, TOWN NOF; !-Y,7, 1, (We) . ?...!'1Q.F�4r�...i ..... rtrl`V `N..A�. .. 954S.......2Y�.,%r..31..r.%.: ................................. Name of Appellant Street and Number ................ ......N .. ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ....._q� •7.•... DATED ... WHEREBY THE BUILDING INSPECTOR DENIED TO ..... L�aNs Name of Applicant for permit of5.35 fJ1alN GUlGfiifl¢ti Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (�4) i RM1T-110.$U1LD 1. LOCATION OF THE PROPERTY ....: LAWS Street /Hme/ Use District on Zoning Map District 1000 Section %4 Block 2 Lot + ......... Current owner /vlop No, Lot No Prior Owner V 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.) Article 100-2 4Section $ LOT- CbVEiZ� JANt> AeAR "(AF -D 3. TYPE OF APPEAL Appeal.is made herewith for (please check appropriate box) 00 A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4.PREVIOUS APPEAL A previous appeal (has) (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 pf�OPoseD PORCH AND SM PRVJF-GT INTO RAIZ YAI1z17 G' -to", Ri=5UI_T1NG 1N SV -6 gET&AMI4, FM=aJIRCb 5ETBAtie- 16 35'. v. 2 • pi�OPDS>rb Ci A STlri'S Abt) 168 SCL. t-7. -M �,U iLbiN6 tO I W'T- SXkK,nt4& &ILV M6 FD0rPR.1WT 1`, 1656 Sall T (30'/0 Ler CIDVEF } Form ZB1 (Continue on other side) pf-DPOSM M:GK VvOULI> 1 ZSu.I,T iN ;1$�4 t -&TT•_ $Ult.DI & �piYW NT' (22'0 lDT~'G�V�I�� REASONS FOR AREA VARIANCEON1�Y_(to be completed by applicant): Do not use these standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change' will NO'p be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: SEP 47TA0HP-D 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: ATTA5,HED 3. The -amount of relief requested is not substantial BECAUSE SE=E �.7i�.Gt)ZrD 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE 5.- Has the alleged difficulty been self-created? (X) Yes. ( ) No. 6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neigl}borhood-and the health, ,'safety 'and welfare of the community. STATE Ole NEW YORK) COUNTY OF SUFFOLK) ) (Applicant) Agent must attach written consent from owner. Sworn to before me this 5 -?6" day ofu. 19 Notary Public No. 4961364 ***ttxtntiritttst,t.. txtlk/form.varltemp Quasi ediMs=;�,31kcapgty �wv P4751 MCK NaiLb KP_suk,.T IN 1624 Sg .fT• NIL1>1W& 1PWNT {22'!a L1 Cp�IEF. I?EASONS FOR .AIWA VARIANCE ONLY _(to be completed by applicant) 60 not,use LFibse standards for "use variance" or "special exception." '(Also attach sheets if necessary, with signatures.) 1. An undesirable (.htanclo will NOT Ina produced .in the character of the noighborhood or it doLr.imenL Lo nearby properties, If granted 13ECAUSE r SJP.I: A-T A&H $D 2. The benefit sought: by the applicant CANNOT be achieved by some method,feasible for Lhe app.l.i.cant.to pursue, other than an area variance BECAUSE: bar ATTAjC;M 3. The amount of roll.ef requested .is not substantial BECAUSE REE ATIArHS> 4. The variance will NOT have an adverse effect or impact on the Physical or environmenLal condi.L.ions .in Lhe neighborhood or district BECAUSE 5. Bas the alleged difficulty been self-created? (X) Yes. ( ) No. 6. This is Lhe minlmrnm that: is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the healLh, safety and welfare of the community. STA I'1: OF NEW YoiW ) COUNTY OF SUFFOLK) �i L4 Agent must attach written consent from owner. Sworn to before me this .5 day of Uac� eQrti�.' 19 97 Notary Public r HM,ME D.FORNE ,t+*** r•*t*tea****#* ry Ft"fic,^atate o, New York. Lxtlk/form. var/tem> No 4955 394 E Oscal €ied is Suffolk county . ii Fli'Sy1559x F{ iY�lifg P,Say 22, l SII * `OPERTY RECORD CARD' Y N O 30UT LD - _. OWNER STREET 5 '" VILLAGE DIST. SUB. LOT RR '17TR C E N� E UU e�✓t f - / S J . a ='� W 4 t �. E' � 1, . !! TYPE OF BUILDING �p�"� VL FARM COMM. CB. MISC. Mkt.' Value I t RES„a /� SEAS. LAND IMP. TOTAL DATE REMARKS -; 0232� Z7CyG� nI I �i'P�o6-4 ALq!; "D O�� t I s : I AGE- BUILDING CONDITION NEW Q NORMAL BELOW ABOVE-.+ FARM Acre Value Per Value r' Acre !Tillable 1 .Tillable 2 ' ;Tillable 3 I .Woodland ',Swampland r FRONTAGE ON WATER E 'Brushland FRONTAGE ON ROAD p /7 ',House Plot DEPTH BULKHEAD Total7:E- DOCK :; IT SKIPPERS LANE S 630 59'40" E 87' IP FD. N N fSTEPS p (Z) I f�1 10) 16.6 a " 2 STORY WOOD FRAME RESIDENCE GARAGE O I t � CELLAR') I U C bl ENT. -L _ _ 26.5 h 320. 81' Z�END FENCE. N 0.1' �-2. RAIL FENCE_ 0. 6v_ C N 640 45'40"W 8/' OYSTER PONDS HISTORICAL SOCIETY TM"#1000-024-02-04 GUARANTEED TO ANDREW COHEN DEBORAH LYONS CHICAGO'T/TLE INS. CO TOWNOF SOUTHOLD SURVEY OF DFSCR I BED PROPERTY SITUATE ORIENT, TOWN of SOUTHOLD SUFFOLK CO., N.Y.. SURVEYED FOR: ANDREW COHEN DEBORAH LYONS Guarantees indicated here on shall run only to the person for whom the survey is prepared, and on his behalf to the title company; Covermental Agency, lending institution, if listed hereon, and to the assignees of the lending institution. Guarantees are not transferable to 'additional institutions or s.bsequent owners u naathcr,'zed operation surveor addition to fpia Y is a violation of Section 7<209 of thz New York State Education Law. SURVEYED 7 DECEMBER, 1996 SCALE: /" = 20' AREA: 8,285.09 S. F or 0190 Acres CONSTRUCTION UPDATE 21 NOV 97 SURVEYED BY: STANLEY J. ISAKSEN, JR. PO- BOX 294 NEW SUFFOLK, IVY, 11956 (516) 734-5835 Copies of this survey map not bee" TLICESEL1 LAND the Land Surveyors embossed se shall N.Yr , C C. NO. not be ccrslder�d to be c va'id true ' opy. 96 R 614 J _J ti J ti 3 z L2' Q rn 4 0 .FRAAk (Lj ' v GARAVE N N Cr) Z�END FENCE. N 0.1' �-2. RAIL FENCE_ 0. 6v_ C N 640 45'40"W 8/' OYSTER PONDS HISTORICAL SOCIETY TM"#1000-024-02-04 GUARANTEED TO ANDREW COHEN DEBORAH LYONS CHICAGO'T/TLE INS. CO TOWNOF SOUTHOLD SURVEY OF DFSCR I BED PROPERTY SITUATE ORIENT, TOWN of SOUTHOLD SUFFOLK CO., N.Y.. SURVEYED FOR: ANDREW COHEN DEBORAH LYONS Guarantees indicated here on shall run only to the person for whom the survey is prepared, and on his behalf to the title company; Covermental Agency, lending institution, if listed hereon, and to the assignees of the lending institution. Guarantees are not transferable to 'additional institutions or s.bsequent owners u naathcr,'zed operation surveor addition to fpia Y is a violation of Section 7<209 of thz New York State Education Law. SURVEYED 7 DECEMBER, 1996 SCALE: /" = 20' AREA: 8,285.09 S. F or 0190 Acres CONSTRUCTION UPDATE 21 NOV 97 SURVEYED BY: STANLEY J. ISAKSEN, JR. PO- BOX 294 NEW SUFFOLK, IVY, 11956 (516) 734-5835 Copies of this survey map not bee" TLICESEL1 LAND the Land Surveyors embossed se shall N.Yr , C C. NO. not be ccrslder�d to be c va'id true ' opy. 96 R 614 FORM NO.3 ✓ TOWN OF SOUTHOLD BUILDING DEPARTMENT TO* HALL SOUTHOLD. N.Y. BUILDING PERMIT (THIS 'PERMIT MUST BE KEPT ON THE REMISES EMISELIN COMPLETIO N0. F TIHE WORK AUTHORIZED) TIL FULL 0 .... j C R 1_2� .................. 19. pate 74421 permission Is hereby granted to: .................. .........5...... ...... ................ .......... ...... to....... ............................................................. ....................... .......... ........................... ............... ....... ............... ........ ............ .......... .......... ........... ............... ....................... ........... .............. ...... . ...... ............ ................................. ......................... ............................ ............... ................ ........... ........... ....... ............... at premises located at.......'........... ................... ...... ..................... .......... ........ .................. .............................. Lot No. ---QfA4 ............. County Map No, �4. Z:3.Q.Q I? ... Section ............. Block ...... 19— ;.9Z.., and approved by the , pursuant to application Building Inspector. C It A/w ;�� . ........................ Buildihg Inspector Rev, 6/30/80 ADDITIONAL HEARINGS) SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 15, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 15, 1998 at the times' noted below (or as soon thereafter as possible) : 6:45 p.m. Appl. No. 4531 - DUANE PASCALE. Based upon the Notices of Disapproval dated November 10, 1997, revised 12/15/97, and Disapproval dated November 17, 1997, applicant is proposing to build a new deck addition and requests Variances under Article IIIA, Sections 100-30A.3, Article XXIV, Sections 100-244B and 100-239.4B, for increase of lot coverage over 20%, reduction in setback from the front property line, and reduction in setback from bulkhead. Location of Property: 3520 Minnehaha Boulevard, Southold; Parcel No. 1000-8773-8. 6:55 p.m. Appl. No. 4501 - ELEANOR NAGY. (Hearing carryover from September 25, 1997.) Applicant .is requesting a Waiver under Article II, Section 100-26 based upon the July 7, 1997 Notice of Disapproval of the Building Inspector which states: "(1) under Article II, Section 100-24A. (1) land area identified as 1000-27-4-2 and 1000-27-4-3 were created by deed in . 1965 and do not meet the minimum lot requirements (12,500 sf) and (2) _ under ' Article II, Section 100-25A, total land area merger exists for 1000-27-4-1, 2 .and having been held in common ownership after July 1, ,1983." Location of Property: Harbor Road, Orient, NY. Page 3 - Additional n,--arings Southold Town Board of Appeals Meeting to be held January 15, 1998 If you have questions, please do not hesitate to call 765-1809. Dated: December 18, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski xx LNAG . 97/ag1.15 /p7-8 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortoia Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD January 26, 1998 REGULAR MAIL and FAX TRANSMISSION Mr. Thomas Samuels, Architect Samuels & Steelman 25235 Main Road Cutchogue, NY 11935 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Re: Appl. No. 4533 - Variance (Cohen and Lyons Property) Dear Mr. Samuels: Please find enclosed a copy of the Board's determination with alternative relief rendered at our January 22, 1998 Meeting at which you were present. We have furnished the Building Inspector's Office with a copy of the enclosed ZBA decision as an update to the December 15, 1997 Notice of Disapproval. It is our understanding that you will need to submit a plan with the Building Department as the next step in the building -permit review process. Very truly yours, Linda Kowalski Board Secretary Enclosure (Copy of ZBA Decision) cc: Building Department, Attn: Ed Forrester Building Inspector Gary fish Ann Latham , Bliss, East Hill Farm, Andover, VT .(}5143 .............................................................. ::................. TRANSMISSION RESULT REPORT .............:......'(JAN 15 '98 04:45PM)................. :71 w y JAN 2 JAN 2 r OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-1823 fax. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++- December 19, 1997 Samuels & Steelman 25235 Main Road Cutchogue, NY 11935 Re: Variance Application (Lyons & Cohen) New Hearing Date: January 15, 1998 Dear Sir or Madam: For your records, please find enclosed a copy of the Legal Notice which will be published by our office in the next weekly issue of the Suffolk Times. Under the requirements of Chapter 58 of Town Law, we are requesting that notice of the January 15, 1998 hearing be sent at this time by certified mail, return receipt requested, 'to the all surrounding property owners. These mailings must be done by 1/2 and must be sent to all owners of vacant or improved land across streets and along sides abutting your land. Please also post the enclosed sign within ten (10) feet of the front property line, facing the street, for a period of seven (7) days, and may not be posted any later than 1 / V. (If the sign is removed due to weather conditions, please stop to pick up another sign. The sign must remain for a full seven days. ) To complete the town file, please return the following once you have received the green cards: a) completed Affidavit of Mailing and Posting: b) postmarked receipts from the post office showing the date you .mailed the notices by certified mail; c) green signature cards once they have been received (you may return to us during the hearing, or before) . If you have questions, please feel free to call. Very truly yours, Linda Kowalski Enclosures lnag.98/appl.ln variances NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: % -N A 4L:� DATE OF PUBLIC HEARING: Iq O'lurs. TANI If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809 BOARD OF APPEALS : TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application AFFIDAVIT of L L)ns and Cken (Nan&e of Applicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) Yn(AS, QMd Sl -dM" !"Mer, residing at a5P35 r%,,1 ,n Qa,-cf Cu ick agu-0 k y New York, being duly sworn, depose and say that: 1) On the of 4_�h day of 7D ec e mlae r, 1991; I personally mailed, by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner Mailing Address Ann L 8/,,ss Q+ /,Bax / 9 q Chxytar, rF d Sl V,3 (- i �-_.__1 t..w-L.`.II 0n e \" nP-/ - rl'V1.0A1_Iki\/ //95/ �7 cobb;7 '919 and, 2) On the 544' day of cSan uco-c� 1998, I personally posted the property identified as District 1000, Section a q , Block a , Lot , by placing the Town's official poster ten (10) feet, or closer, from the property line facing the -street (or facing the right-of-way), and that I have checked to be sure 'the poster has remained . in place for seven full days prior io the date of the public hearing (date of hearing noted h, r on to be held 15 . 1998). ST=to beforeme this ature) day of L— , 1998. (Please return to the office of the Thank you.) JOYCE M. WILKINS Votary Public, State of New York No. 4952246, Suffolk County Term Expires June 12,19__$e9 Board of Appeals w e/n completed. § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 584. -Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a'" -'public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the, time and place of the public hearing thereon. The sign shall be ,set back not more than ten (10), feet from the .property, line. 'The, sign.. shallbe displayed. for; a period of, not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send, notice to the owners of. record of every property, which abuts and every property which is across from any public or private street SOUTHOLD CODE § 58-1 § 58-1 i from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the application and 't -addressed. to., the owners at the addresses listed for them on`the local assessment roll. The applicant or agent• shall file :an .'affidavit that s/he has complied with this provision. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o�Ogf�fFO��coG �� yam► co Z 1 • OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RE: ZONING APPEAL APPLICATION #4533 Samuels and Steelman for Andrew Cohen and Deborah Lyons. DATED: December 16, 1997 Transmitted is an application of Samuels and Steelman for Andrew Cohen and Deborah Lyons, together with Southold Town Building Department Notice of Disapproval, Application for Southold Town Building Permit, Questionnaire for filing with ZBA application, Transactional Disclosure Form Application, Southold Town Building Permit application dated October 21, 1997, Letter of Authorization for D. Lyons and A. Cohen, copy of Area Variance, photo of structure as it now exists, map and survey of proposed project. Judith T. Terry Southold Town Clerk 1. An undesirable change will not be produced in the character of the neighborhood BECAUSE: a. the historic neighborhood of Orient is built to a higher density than the current zoning ordinance allows. Lots are typically very small, primary structures cover a greater percentage of their lots, and there are many accessory buildings, all of which contribute to an overall sense of higher density than in newer communities and developments. The proposed higher density is therefore in keeping with the neighborhood. b. the proposed addition of the covered porch is not directly visible from Skipper's Lane. It faces the rear. c. the proposed addition is part of an overall project which makes significant improvements and restorations, which are sensitive to the historic quality of the neighborhood. These include the restoration to the formerly neglected front facade and replacement of a badly dilapidated rear section. (See attached photograph) 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance BECAUSE: a. there is no other available space on the site for the location of a porch. The lot is of a very small size of 8,285 square feet, which is considerably less than 20,000 square feet (the lowest non -conforming lot size classification in the zoning ordinance). b. There is not an available one story roof area with the same orientation which would be suitable for a second story deck. Even with a grade terrace in place of the first floor deck (not part of lot coverage) we cannot achieve a second floor deck without violating the rear yard. 3. The amount of area variance is not substantial BECAUSE: the addition is adding only 2% coverage to the existing non -conformity. The j existing lot coverage is 23% (allowable is 20%) and the relatively small proposed addition would create a total lot coverage of 25%. 4. The variance will not have an adverse effect on the physical and environmental conditions in the neighborhood BECAUSE: a. the proposed porch and steps, which would violate the required setback and area ,limitations, is an open structure. It will not contribute as much to the visual density of the neighborhood as if it were an enclosed structure. b. many of the surrounding properties also violate the required 35 foot setback requirement, and do so with enclosed structures (see attached sketch). We feel that the encroachment will be a positive addition to neighborhood and an and an improvement what was there prior to our involvement. APPLICANT TRANSACTIONAL DISCLOSURE ]FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town oifiicers 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. �xaa_Sr c . oS'Q pct e �s -- l?�euto c YOUR NAME: 4r-- (Last name, first Yiame, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other persoii's or company's name.) NATURE OF APPLICATION': ( Check all that apply.) Tax grievance variance Change of zone Approval of plat Exemption from plat or official map Other (If- "Ot}ier," name the activity.) Do you personally (or through your company" npoune, sibllncl, parent, or child) have a relationship with any officer or employee of 'the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Ilusiness interest" means a businenn , 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 % 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 t•he "l'own of Sout.ho.ld Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee-. EtHier check the appropriate line A) through p) aiid/or. describe In the spare provided. The Lown officer or employee or his or her spouse, sibling, parent, or child is (c heck all that apply): A) the owner of greater th7n % or 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 noncorporate entity (when the app.licarnt In not a. corporation); C) an officer, director, partner, or empl.oyee'of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONS11I17 Submitted this day of 12 199 Slgnatur � �/11 + V r i. n l; n a m P_ 0m Ly 0, . -S $ S J � � ■ S A M U E L S& S T E E L M A N LETTER OF AUTHORIZATION 6 Deborah Lyons Andrew Cohen 1 Astor Place Ste 7T New York, NY 10003 - - - Tel # 212-477-4356 July 17, •1997 We hereby authorize Thomas C. Samuels of SAMUELS & STEELMAN ARCHITECTS to i act as our agent in obtaining all permits required by S.OUTHOLD TOWN, SUFFOLK COUNTY and NEW YORK STATE for. the .renovation and addition to our existing residence on 355 Skippers Lane, Orient, New York, 11957. PIAM Debor"ons / / Date Cohen ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEW YORK 11935 (516) 734-6405 FAX (516) 734-6407 Da e QUESTICNTiAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached_) AND -Km cweN m- inwb[ra-K ti� DC7 P.�.1-Ir 1 YIN�I� C.© - mF g. B: Is the subject premises listed on the real estate market for = sale or being shown to prospective buyers? { } Yes { �(} No. (Sf Yes, please at-i-arh copy of "conditions" of sale.) C. Are there any Trvposals to Mange nr alter Land conte, ? { } Yes {X } No D. 1. Are there any areas which contain wetland grasses? �40-i 2. Are the wetland areas.shown on the map submitted'with this application? NO 3. Is -the property bulkheaded between the wetlands area and the upland building'area? NO 4. If your property contains wetlands or pond areas, have you.contacted the Office of the Town Trustees for its determination of.jurisdictign? NO E. Is there a depression or sloping•elevation near the area of proposed construction at or below five feet above mean sea level? fi�.A. (If not applicable, state "N.A.") F. Are there any patios, concrete barriers; bulkheads o:r fence which exist and are not shown on the survey map that you are submitting? (ME If none exist, please -state "none." G. Do you have any construction taking place at this time concerning your premises?•'''%S If yes, please submit.a.copy of your building permit -and map as approved by the Building Department_ If none, please state. H. Do you or any co-owner also own other land close to this parcel? NO If yes,•please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel - WZ Slm cxz and proposed use Rr__SIDE 1 _ MEM004091 toe AutiloriZed Signature' D. — - 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. (Added 6-5-84 by L.L. No. 6-19841 WEiL.-LNiDS [amended 8-26-76 by L-L.No. 2.-1976; 3-26- 85 b y LJ_ ;Na 6-1985 k A. 11DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or ocher low lying lands subject to tidal action: (2) all banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following. salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and low march cordgrass:.and/or (3) All land immediately -adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in article 21. Ti- tle 1, § 2.1-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Con'servacion Law of the State Of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with. in seventy-five (75) feet Imidward of the most land. ward edge of a "freshwater wetland." - 9.0 5 AREA VARIANCE Amendments to Law at K267b-3 Effective July 1, 1992: AREA VARIANCE: is authorization by the ZBA for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning code regulation. K267(1) of Town Law. The new Statute no longer includes the term "practical difficulty" or any particular test, and now provides that ZBAs consider two basic things: 1. the benefit to the applicant if the variance is granted; .and .2. the detriment to the health, safety and general welfare of the neighborhood or community that would occur if the variance were to be granted. BALANCING TEST: In balancing the interests above, ZBAs must also consider the following five factors for an AREA VARIANCE: 1. whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if granted; 2. whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; 3. whether the area variance is substantial; 4. whether the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 5. whether the alleged difficulty was self-created, which consideration shall be relevant to the ZBA's decision but shall not preclude the granting of an area variance. Also, as part of the "balancing concept," the new -Statute provides that the ZBA shall grant the minimum variance that it shall deem 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. (K267 -b(3 -c) of Town Law. Prepared by the Office of Southold Town Board of Appeals References: New York Town Law and Department of State M MtM YAP 1kMMM•l�M'f`?MMMM4 MY�TH�MYM"CMM Actions. new/ standard. var ' SKIPPERS, LANE Cricuthorized alteration or addition to tW only to the person for whom the survey survey is a violation of Section 7209 of is prepared, and on his behalf to the the New York State Education Law. S 630 59'40 E 87� 320. j" to the cssicnees of the lending institution. the Land Surveyors embossed seal shall Guarantees are not tronsfrrcble to IP FD.11q, additional institutions cr scs t owrser& ,COPY. O � 0 Mp' Q W 0) NSTEPS N �. FM Cl)' 16.8 1 J 28.4' r a Chimney �' LU Q M�� 2 STORY WOOD 12.7' FRAME RESIDENCE J J N GARAGE Sloo N N J .$' Z 1 J co � � 13.0 t r. L/ C `°I i Z CELLAR ENT. L — 26.E \ — W O 1.2� O 16.4 � N 100 ti o FRAME v GARAGE N Z FENCE [END N 0.1' , , .8 j�— RAIL FENCE_ 0.6� N 640 45'40 It W 8/` OYSTER PONDS HISTORICAL SOCIETY . 112 TM '# 1000 - 024 - 02 - 04 SURVEY., OF SURVEYED 7 DECEMBER, 1996 GUARANTEED TO ANDREW COHEN DEBORAH LYONS CHICAGO TITLE INS. CO. TOWN OF SOUTHOLD DESCR I BED PROPERTY SCALE ' 1 = 20 S. F. AREA 8,2 65 .09 S. or SITUATE 0.190 Acres ORIENT, TOWN of SOUTHOLD SUFFOLK CO., N.Y.. CONSTRUCTION UPDeTE 2l NOV 97 SURVEYED FOR: ANDREW COHEN DEBORAH LYONS SURVEYED BY: STANLEY J. ISAKSEN, JR. PO. BO)� 294 NEW FFOLK, N.Y., 11956 (516) 34-5835 LICENSE N. Y. S. L T0.D SURV OR 492 96R614 Guarantees indicated here on shall run Cricuthorized alteration or addition to tW only to the person for whom the survey survey is a violation of Section 7209 of is prepared, and on his behalf to the the New York State Education Law. title cempcny, C overmental Agency, lendingins';t t;cOn, if listed hereon, and Copies of this survey map not bearim, to the cssicnees of the lending institution. the Land Surveyors embossed seal shall Guarantees are not tronsfrrcble to not be considered to be a valid true additional institutions cr scs t owrser& ,COPY. SURVEYED BY: STANLEY J. ISAKSEN, JR. PO. BO)� 294 NEW FFOLK, N.Y., 11956 (516) 34-5835 LICENSE N. Y. S. L T0.D SURV OR 492 96R614 0 OD 01 m tl J • �4 MY � Y Ems' (// � W �Y 1 �I �• 'Vr� �GONt� FLpITiLJ 0 �DN NDIK � 0',J.I57 s.00? 1=ws N� SITE PLAN, SCALE : 1" = 20'- 0" rtq A P LOCATION /A RIM= S''-` 0/ V 1Y L ilulford "�.{. FAsJ MAA,ON pM17n Qnnf •eA6 !'S. Orion} Y.C. n'� — rEM ORIENT,I t 1957 0 !t 1 E N T' f H A R B 0 R LdNd BtA04 BAY' - Pro U), pi aAIEwS eE� a Peiot�s Neck'Pt j t;;� aRJENi 6t)l& -StAf:r: PAak .. `� Long Bln25 Pf. ✓�"��' ... " . I T E �E Al""A k SCTM # 1000-024-02-04 PROPERTY: 355 SKIPPERS LANE ADDRESS ORIENT, NY OWNER: ANDREW COHEN AND DEBORAH LYONS SITE: .190 ACRES AREA SURVEYOR: Stanley J. Isaksen, Jr. PO Box 294 New Suffolk, NY 11956 License # 49273 W 0 cn W'3:,'' z Q z O o W , 06 (1)o z LIJ Q O (,,) z W U) Z 4-% O� •L >— O. t 0.6 Z • Q• � M �. N W Jz L ? ^ � z W X, M D `4 1n w • ~ � M r v= t/7 N �,[tED ®cy� E• y C. �,� � . TFC ft" N I&BO F OF .1 O Project No: Drawn By: Checked By: 7s = S Date: Scale: Sheet Title: SITE PLAN Sheet No: U V) II '4 - lieC-3 of - <A It L( '0 41 4 Lo I s 'OWE' PLA 4) -011 SCALE 1/411-17 OQ- AG Ne" A I T k9 A QW1 D 37 Lp VA - 'moi i+ 69 4�� TY 4141- 411! -011 lilt Of J N rA , -- � &I - �e t�i , !;,� � , -,. i�-t : � it 4�- :'S % - ' i 1 ND looll, oi- 7 _7 -A. 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L11 -1 LIJ < V) V, fr Project No: Drawn By: Checked By: Date: Scale: Sheet Title: FIRST &; SECOND, .FLOOR PLANS Sheet No: WEST ELE!lAilOM SCALE 1/4" = V- 0" it ��'�� l ' j �1 _ 4 14 S) Izo ^LL F-5tx—=S IL ff W, SCALE: 1 1/2" = V- O'l L4 i lrll�:) E) 15�,- 7 0, PL14,7e ---------- T-1 il I K, )74 Tw--7-j- SOUTH ELEVATIO"KI SCALE: 1/4" = 1'- 0 i 4-1 A, I I m 0 0