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Home My WebLink About4534r APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning 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. 4534 - LORI HUNTER PARCEL 1000-54-6-2.6 STREET & LOCALITY: 11228 SOUNDVIEW AVENUE, SOUTHOLD DATE OF PUBLIC HEARING: January 22, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: This property is located in an R-80 Residential Zone District, situated along a private right-of-way which ends off the south side of Soundview Avenue, Southold. This lot is shown as Lot #3 on "Robert Johnsen" Minor Subdivision Map, contains a total lot 1.042 of an acre, and is improved with a principal dwelling as shown on the Survey last dated October 31, 1997, prepared by Joseph A. Ingegno, Surveyor. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated December 10, 1997 which reads as follows: ...Please take notice that your application dated October 14, 1997 for permit to construct an accessory structure ... is returned herewith and disapproved on the following grounds: in an R-80 District, an accessory building or structure shall be located in the required rear yard. Article III 100-33. Action required by the Zoning Board of Appeals...." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Request is to locate a 24 ft. by 30 ft. accessory building at a 22 ft. total height from ground to the top or peak, with 8 ft. ceiling height as shown on construction diagram. First floor ceiling height is shown to be 8 ft. high, and the second floor is for storage purposes and is shown to be up to 716" ceiling height (pitched gable). The location of the garage building is shown to be 11 ft. at its closest point to the easterly property line, approximately 46 ft. from the westerly (front) property line, and located to the south of the existing frame "shed to be removed" and existing dwelling. r Page 2 - January 22, 1998 Appl. #4523 (Hunter) 1000-54-6-2.6 Southold Town Board of Appeals REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because there is no qualitative difference in the appearance and the lot is on a private road. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the lot is irregular; it is a long, narrow triangular lot and the lot is on a private road. (3) The requested area variance is not substantial. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The situation has not been self-created. In considering the above, the board determines that this action is the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied AND subject to the following CONDITIONS: 1. No heat and no plumbing shall be permitted. 2. Electric shall be permitted. 3. This accessory building will be limited to garage/storage use, and shall not be used as habitable area. No sleeping or living quarters shall be permitted. THE BOARD: AYES: MEMBERS COLLINS. This resolution was was absent -excused.) DINIZIO, TORTORA, AND (4-94r-, member Horning Approved for Filing AS400/Linda K/Actions.all/ 54-6-2.6 sssssssssssssssssssssssssssss Draftact/54-6-2.6 i_='I ;IVSD AND FILED BY 1 .E S0 ':__'�:_v cvn Cl^r':. "cv'n of t SOMMOID TOARQ BOARUOFAPPEAIS ` stmt to sectioo267 of the Town STATE OF NEW YORK) Lawand Itm CD& O me Town of Sourhom,ffie sa oehem )SS: bytkSOUmdWVM fa<P NW49 by n�esaur-1%at D 7Y�PAT`REk3TtIIOB`AEP 's OUMYOF UFFOLK) ffithe Sbmhofd Tam ffeu, main of Mattituck in Roo SomnoK- WeWs«t MOM Cm THWWANEaRY 24 M county, being duly Sworn, says that he/ ti u the tins •oot bei. (,vas saos Principal clerk-.. of THE. SUFFOLK TIME a weekly, newspaper, published at Mattituc apon me.Htg the Town of Southold, < County of Suffolk mua nuembersrrt ams State of New York, and that the Notice of v z �A4�n8aUmia�eaederAfide Y'tt sec5a�n i{16-�.� p m the annexed is a printed COPY, has been i naa an a«aro�.00��g ; m anra�ermmthe larlY Published: in said Newspaper once nm�paidat week for uccessi c�nntrPame°C°°`nm Zea commenein`—wee on e }asPector's 'Notre' Ofi 1 of i>s$Pg seatrm Tta-Tei(}�sP«miswoo dftdm ' tequnsa' Val- -1, Prssne paswhide Principal Cle cmopy.stmpures ``*' Sworn to bore me this ecu° TLe Boaut day of • 19 9� t t ot'AFy>wls wilk..nt.said ar Place heacmg�daBi.PStsons MARY DIAFEA FQssEP . s�3t-R"t��tB�tCS-,A7'Ec)FftpvY mtheues�fm8lu bd�eard *,gw submh who*rn�n-��> me jW&-IMfieaimgy_ tngp scut eatliv tomN-aesigpste�� T'6e Sk,;yc avalaole forgevieve duriegTowu:halt lanmeas"have 4n?sn°¢s Aleasedtindhesnatafq'cz� 76$-}&09 ITued_Janoary�,],ggg, ',m :': x :EYD1Zf5ER:f1F�AE �' oFMAIVAIS GIIG4RD$lm am*NCsF.R, 726E -3T78 k? _ma i&v ,KpL a 51�� cs cct ,;_ „10i ca�kssEaF - - - - FOM NO_ 3 ° TOWN OF SOUTHOLD BUILDING DEPARTHENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: .DECEMBER_10,•1997,_.._ To Lor•Hunter_.:........ 11228 Soundview Ave. ._ ............... Southold N.Y. 11471 ........................... PLEASE TARE NOTICE that your application dated ..October 14, 1997 19... for permit to - 9MMm A ACCESSORY STRIICTURE Location of Property .................... Outhold N Y: -••- .S .a.. • House. No- Street Hamlet.'. County Tax Map No. 1000 - Section ...------ BLOCK 6...... LOT ..2.6 Subdivision _.. ........................... Filed Map No. ......... Lot No. is returned berewith and disapproved on the following grounds ....... ...... III-AN.R.80 DISTRICT AN ACCESSORY BUILDING OR STRUCTURE SHALL BE LOCATED IN ...... ........ .-------- ..•-•------- .--------- THE REQUIRED REAR YARD. .............................................. Article III 100-33. ACTION REQUIRED BY THE 20NING BOARD OF APPEALS. _••••...........'............................. ,. IN .INSPECTOR . RV 1/80 l�nw) OF ilr;At:rlr " lORtl 110 I rl'i'S OF PLANS �U� j j( IONN O1 SO{1111011) ,StVIrY _ 11111 LOI NI, Ilf);1 AR IMPNT CilirCK -11 . .TOWN ItLL SliPTIC .FORM ��. : .. A SOUTHOLD, N.Y- 11971 765-1£102 NOTI.PYn 131=inined....... ...........,...19.... 14AII. TO................... Approved ................ .,...19.... .. lreptit No. -. .................................... Mr-11gnoved nA. ....................... :... :...:...: :..,. ...............................................:.:.. .......................... . ('build loci, Tn.^.(x:ctnr) APPLICATION FOR IlUll,UiNG Plumi'r Date .00T 6 .......:..,19.97.. . I ti 'I'RIIC'1'tONS a. :Ibis airpli"tio(r "lost its c lVletely filled in by ly{xavriler or in ink ao1 aul■nitted to .the Atilding laspetttor wit J sets or., plans, accurate plot: Iftan to scale. Pee accordion in sdredole. r b.. Plot: plan slxraing lova Gime of lot aril of .larildings '(or prenlses, relationship to mijoining. premises or lxibl, is streets or areas, aril giving a (etailed descriptimr of layout of prolrerty trust Ire drmm an the (liagrarrr wlridr is pert of r this Application. c. 11te work covered by tills application rrry not ire cotrerx:ed ire fore issuance of. Wilding Permit. d. ilizxi approval of this applicatilm, the ]holding Insiiector will issue a 'building Permit to the Applicant. Saudi pelma t shall. Ge lrept or tire pre) iAes available for, inspection Li(rrxrglro t the work. e. Nb building shall 1)e occolde(l or used in uAlole or inpart for any lxurpose whntever until a Certificate of Occupancy shall have 1)een granter] Iry Lire Jkrilding inspector. APPLICATION iS IAW31TY itAt7G to the Ibiikling 1)etrsrtnrent for the inacrmrcer of a Building;.Permit Ixrrsuanl' 170 Lite Building Zxxre OriNnarrce of tine RAM of Soulbold, SWffolk (innty, Neil York, aril Oliver appl-ienble-'sins, ordinances or Regulations, for the construction of Imiidings, willitimrs or alterations, or for tvrmai or demlition, as herein describeol. 'Ilre applicant Agrees to comply wiUrail allilicahle laws, ordinances, Wilding code, Ixxrsing cols, aril relndapions, arxi to-admlt Authorized inspectors on premisesmil in build'''& for necessary Inspections. PICW _ SAETA GENERAL -CONTRACTOR. INC .......... (Signature of applicant, or narrei if it corpornti,,l) 4 BOOTLEG ALLEY GRT _ (Kiil inil nrldreas of April icant:) Slate vrlretlrer Applicant in rxmrer, lessee, agent, architect, ell-irreer, general cout.ractor, electrician, pltxdrer or Ixrilder. GENERAL CONTRACTOR ,Mare of owner of: premises .. LORI E HUNTER (as or the tax roll or latest dee(1) If aigrlkant is a corinratim, signature of duly authorized officer. ......RICHARD_SAETTA ..............PRESZP.ENT.:... (Manure (it le or co --rite 0 ricer) Builders Ucense No. l'lud)ers. license No. ......................... Electricians License No. ..................... 00)er Traxle's license No. , I. lxx:atimi of lmxl mr riridr propased writ will Ire done.,SOUTHOLD 11227 SOUNDVIEW AVE SOUTHOLD .................................................................. ............................. Ikxrse 1lnirer - Street ilaolet County Tax Mari Ila. JtOo Section .:.. .......... Mock ....06.......... Lot ... 2.fx......... S(rlxfivisi(m.... ............ Piled ttrl) No. ........ .... but ......::..,,, (Nene) 7_. Sante exist:'"& use aril ac(.7)p:Ax•y of prtvnises inxl intel.wilA use And (xcopmrey of propoaerl construction! 'a. rxi sting rrse mxi occuprincy .R13SYDENTIAL ....................... RESIDENTIAL b. lotelxled rise nix] occ7rlronrcy . 1.- Ititolc ui .xnk (cluck %Alidl algl Llloble): tikv Ndidileg X%y` 4�t 4. lal:ilwitcd C sr .25,000.00 fat! rl� %�7 - (lo Ix: lurid oil fir iult this uppl icnt ioo) ti. If I1,.'IIiIlit. nuber of tkaeIIhlit tlnira ......._.... ttulx l- of lk+alliu8 ImilIa is each fiChic If garage, nnlmir of cars TWO. (I: If Ixmhssss, lalmerclul or aeixed oe:cojullx:y,. Stk!clfynaloril sold axteal: of eucit type of use ...................... ).. 1)iax:nafixl4 of exist Iolf atrrx:Lorea, If ally. proul .. . ............ Italic ............... Ik:plh ................. IkAJIL ......................... Muller of Srorias ...................... Ilineoairxes of aline structure With nllefalAtion or rxklirioon: Flout .:-........... Itoar .......... ik:pt11 ......-L ............. Iktiglu: .......,............. Muber of Stories 31. I1lneus l thisOf enL{re oeu Ixxlafrolaioo; Viont: ... 24.......... la:pt4 ..213.......... Ik: i1;11L .....?............... N.Inlx:r of :il:of ica .....12... _.......... 9. Stu: of torp lYtxlt 42Sr............. 14:ar 459'- laejai, ...172.`... Ili. lkda of l'urdialut ......... ............ Iltme of Fiiolot (anx:r .......:. ..:.... 11.. Ykooa of Offs diutr ICL Ili Olii.li planiaea sue uil.uaLtxl ....RES D1.i, TIAL ..... 12. Ixaa liroixlaetl ci>,rstnx:C t(rri vinleoti fifty uxllllj; it", ordloalu:L fir rngoluritio; ..... YES,,,,?,........ 13. Will lot Ile rajtrexk�tl ..NQ ............. \fillexceos fill lx: rraorvtxl flail plraniseat YleS %f KI 14. motes of (aver of pi> nilseu .LORI E. HUNTER....::.... Aiklresa 11227. SOUNllYIE4i .AVE . SODU MB, lk)76,1 :522$.. It -tie of Architeat ...:........ ..--...........: Adilicsu ., ...............::.......... Illise 110: :....:.... W.xne of fila:ractor .. RSCIIAR]). ,SAEITA, GC _INC ...... hkh osu 4. $G. G$ NP4F.........111one mA77-163.3 h. Ili tlaa prollartywithin 300 feat: 8f it t idal uLt lolxl'f * WN .......... Wil ... XXX .... All' Ym, ImaKYD -mai 11aislla?S wit1irr my iti? inpiglill.. ,. I rx:ato clearly Arlt diatitxaly nil Ixlildirl;s..Arelllcr axistilia or prolloacKl, sol lalleate, all set -back dimensions fcnx proletty lines. .Give atreaf ulkl hlix;ic n eller Or Itescriprinl acrnldiog ro deed, soft slux✓ street pones still irullcul:t: - t.Alwb t' .inferior to curu:r lot.: ATTACHED Coll. tMl IJI:L,I lHtit, - v .... Stl - (111NitY lRi ..... ... ........ ................... ................ .... .....Ix: uy; duly [n+cn u, delxuius al xl sy:i that tin 1:, lice appl u.uol. (tJinx! of ilkl'lviiklal aigniog coni-racC) illxNe ImbliM, lk! 1a Ibo :. � -t- ........ ... .................... .((;out rnctor,.ngald:, angxlrute officer, etc..) of said lxlpxer of. %calks, alibis duly outhol iz(A Illi. keffouu or have:._Leffolli ed Iile auld nock. lull, to ulnae urxl fill! this i 1pplicilt.l.tio; that. Illy stat-uieenla collialix:al lit Illla illihltnatloll fare I.1%e it) the Ix:al of Birt holml'./ille sold I 11cf, old titol. li+e %.uric will Ixt perfolue(I Li ilio uvloix:r :iLf follll Ili Ilie upplit:al ion. fitted lhereullh. f),.)III to Ix.forl ur flm i C �/Al) ii Maiuy (Ill;ualwe of Appl Iriwl) - DOW MAY -1E wmscv RWNY Pt1WC, Stl of X&V y", No. 4460M - Suffolk Cowty Gom� B9Plr86 *4 30, log q IkkIDEIVED �r TOWN OF SOUTHOLD, NEW YORK DEGPPEAgL9FROM DECISION OF BUILDING INSPECTOR APPEAL NO. Southold Town clerk DATE J4 �.91....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. IARI E HUNTER .........of 11227 SOUNDVIEW AAE 1, (We) ......... .... .: ......... .. .....I........ Name of Appellant Street and Number SOUTHOLD .. ......... ....................................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO, ..NA:.: DATED ,.00T 6,1997, WHEREBY THE BUILDING INSPECTOR DENIED TO RIGHARD SAETTA GENERAL cONTRAGTOR INC �?-7- IIp 3 ........... pp forpermit f of 4 BOOTLEG ALof Applicant, T.1dlC..11�44...... Street and Number Municipality State PERMIT- TO USE ( ) PERMIT FOR OCCUPANCY (A > GARAGE BUILT IN SIDE YARD 1. LOCATION OF THE PROPERTY ..1'1227 SOUNDVIEW AVE SOUTHOID .......x� Street %Hamlet % . Use District on Zoning Map District 1000 Section 54 Block6-Lo$6 Current Owner LORI E HUNTER Map No. Lot No. Prior Owner RQB);RT w TOIInIEX 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 III Section 100-33' 3. TYPE OF APPEAL Appeal is made herewith for (please check' appropriate box) (g) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (Slate 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 HAS NOT ( ) request for o variance and was made in Appeal No... .........Dated .... ......... ............... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (%) A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) REASONS FOR AREA VARIANCE•' ONLY (to be completed by applicant): 110 not use these standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or A detriment to nearby properties, if granted BECAUSE: THE PROPERTY IS LOCATED ON A PRIVATE ROAD AND WILL NOT BE VISIBLE. AND THE GARAGE wILL BE DESIGNED TO MATCH THE EXISTING HOUSE INCLUDING ROOF LINES AND SIDING 2.. The benefit sought by the applicant CANNOT be achieved by some method, feasible for file applicant to: pursue, other than an area variance BECAUSE: THE CONFIGURATION OF THE PROPERTY AND THE LOCATION OF THE EXISTING HOUSE AND DECK WILL NOT PERMIT THE GARAGE TO BE BUILT IN THE BACK YARD 3. The amount of relief requested is not substantial BECAUSE BECAUSE THE pERPOSED BACK YARD OFFSET IS WAND A MINIMUM OF; 101' 33 REQUIED BY CODE 4. The variance will NOT have an adverse effect or impact on the physical. or environmental conditions in the neighborhood or district BECAUSE THERE WILL BE NO GRADE CHANGES OR FILL REMOVED FROM THE SITE 5. Has the alleged difficulty been self-created? ( ) Yes. (X.) No. 6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character Of theneighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOI.K ) (Appl Agent must attach written consent from owner. Sworn to before me this a ay of , 19q� Notary :) l:xtlk/form.var/temp ) �� REASONS FOR AREA VARIANCE OONLY (to be completed by applicant) : Do not ilio these standards for. "use variance" or "special exception. (Also aLLach sheets if necessary, with signatures.) 1. An undesirable change will. NOT be produced in the character of the neighborhood or a doLri.meni. to nearby properties, if granted BL•'GnUSE: THE PROPERTY IS LOCATED ON A PRIVATE ROAD AND WILL NOT BE VISIBLE. AND THE GARAGE WILL BE DESIGNED TO MATCH THE EXISTING HOUSE INCLUDING ROOF LINES AND SIDING 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: THE CONFIGURATION OF THE PROPERTY AND THE LOCATION OF THE EXISTING HOUSE AND DECK WILL NOT PERMIT THE GARAGE TO BE BUILT IN THE BACK YARD 3. Tile amount of relief requesLed is not substantial BECAUSE BECAUSE THE PERPOSED BACK YARD OFFSET IS WAND A MINIMUM OF I0' IS REQUIED BY CODE 4. The variance will. NOT have: an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE THERE WILL BE NO GRADE CHANGES OR FILL REMOVED FROM THE SITE 5. fit's the alleged d.iff.iculty been self-created? ( ) Yes. ( X ) No. 6. This is_Lhe minl,mum that is necessary and adequate, and at the same time preserve and protectthecharacter of the neighborhood and the health, saafeLy and welfare of the community. STATE Off NEW Y011K) - COUNTY OF SUFFOLK) � t nE�pl Agent must attach written consent from owner. Sworn to before me Lhis (:�kiaY of 19'q-7 Notary V,Vbl.k JQA UACOSS Fa }Ic[mi'P+�kAa,9ta+aaiDlawYcsk oja iT� .,' in 5t' ,}!. Ceim1y l:xLlk/torm:var/temp lCa�ntrtsian i, ustajh3/,tiag9 _✓ TOWN OF SOUTHOLD PROPERTYWORD CARD -OWNER �:—_—_ STREET--- .VILLAGE: ,, DIST. - - SUB. LOT �> l wrall )I&ra Ale— FORMER OWNER�4✓atS �F LOri}�� Y1 FORMER N E 7 1_ - �j(c' c wcIMN.1� l S W F� PE OF' BUfLfIFJG 472L ! ✓ 1 l (i• /�✓' / /"'z i r9 n Q s 2 rVrY r rl c „ -,, RES. SEAS. VL, 4 FARM _ COMM. CB. MICS• LAND IMP, TOTAL DATE REMARKS L 1✓ �^''. �. M� �..'. .. saw, m;. 4 n]., 71 — l3ac 9 2- 0 0 9 7 -0c -j 3 hiv , 6 v s � gip' too,-' -9a4 o/- AL Latif 7/7-U-- f 6,1, `7 (..�. /� a �� C,7 '7' �? �' �.,.,/� /.�J C%� "'dia 5'/!�• »fw c�etre %� fc. � r,i f�('t'i fa r J,LLE'/ - t s... O.Z14' 5 71'4t�L. a5lmcx 4 Lfy.l P14 f" Y f .� Z;;;) �.�) /c 1...;' ) -.fit• ! ff�� Jr ,. .. l.'e+ c �" rt f�l — �Zr' I - 55 Pc� - il��r i nuc A)/(f_ 'Tillable FRONTAGE ON WATER ---- Woodland FRONTAGE ON ROAD Meadowland DEPTH House Piot. t BULKHEAD - - Total .. _ - .....-. . r � M COLOR �,J kf TRIM 60-7 --- - Extension Extension ii )< 34:�g Extension. `-- - __. - --- - - -- - ------------- - ------------ - -- ----- --- __ - -- - - ---- -- - ----------- — - - — ----- Foundation f `, - Bath " -. -- Dinette -- -Porch. -- ------ ----------- ---- -- 6asement�--- --- --- Floors - ------I�— OI -- � -- -- Porch Ext. Walls �l r t,i4-e)p Interior Finish r l4 LR. I 00 Fire Place � Heat 11c;"r �-iit2=--- DR -----� - Garagg �, r zelL �.C' (�(rCy _ TYPe Roof '6i�) t - __ Rooms lst Floor [3R J Recreation Room Rooms 2nd Floor --. FIN B Dormer - Driveway Total 721 �� APPEALS BOARD MEMBER..; - Gerard -P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD January 26, 1998 Richard Saetta General Construction 4 Bootleg Alley Greenport, NY 11944 Re: Appl. #4534 - Variance (Hunter Property) Gentlemen: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's determination adopted at the Board's January 22, 1998 meeting. You may return to the Building Department as a follow-up regarding the building. inspector's pending application for the proposed accessory building and obtain a building permit before commencing building activities. We have today furnished the Building Department with a copy of this action for their update and file. Very truly yours, Linda Kowalski Enclosure (1/22/98 Decision) Copies of Decision also to: Building Department (update) Original Decision filed with Town Clerk's Office BOARD OF APpEA- LS:TOWN OF SOliTHOLD ----------------------------------- X ---------------------------- -X In, the Matter of the Application of AFFIDAVIT RICHARD AETTA --- _ -- - ---------- �i T O�F Y�, Ujij POSTLG �DA COUNTY OF SUFFOLK) STATE OF NEW YORK) 11944 , residing at 4° -BOOTLEG ALLEY GREENPORT NY I, RICHARD SAETTA New York, being du.1Y sworn, depose and say that: day of JANUARY 1990, I personallywed' 1) On the 8 .a reQuested, a true copy of the by certiiled mail, return c.rrt attached %agal yotics, addressed to each of the foilv,rr;�g named persons at the addresses set opposite their respective names, d below are . those shown on the czrrent assess - the addresses Iiste that said Voaces we^e mailed at of the Town of Southold; o of d went rolls - o each of said persons by c-r�I_e� the united States Post Ot_Ic� to - mail, return receipt requested: Mame of Surrounding P- -pert�r Owner ltlauin�' Address ROBERT W JOHNSEN 4 0 MARTA WIEPZYNSKI 340 WE GEORGE L PENNY 9305 SOiJND`tIEW ff HERODOTUS DAMIAN05 'PO BOX 957 PORT JEFFERSO -- 2) On the 9 day of JANUARY 1998, I personally posted the property ideilC-fled aS District 1000, a" 'Jae TO L11�S OI_ -vial poster Bloch 06 .ot 20_6 e facing the straet et , =rom the property lin c ten ( 0) feet, or c_oser (or facia; he ,,;ghr-of-wati) , ana ^ghat i have checked to be sur. r ,. _nmained in -0 lace for sevenFull days prior to the he pose_ aas - no on to oe -- date of :e pub do nearing ( date of hearing the ? Lure) f i sworn to before me this day of�4�udr�J , 1 - �J/ LINDA F. KOVVkLSKI Notary Public, State of NewYork _ No. 52.4624771 ctarlr 'l -OU aual'fiiedinSuffolkCouttty � Commission Expires Nov. 30, 19 When ._^. =' —t:— - 0 § 58-i 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 1-9-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shail 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. 3. 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 shall be 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 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 addressed to the owners at the addresses listed for them ''•on;th'e local assessment roil. The applicant or agent shail an affidavit that sine has complied with this prevision. OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-1823 fax. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++- January 2, 1998 Richard Saeta General Contractor, Inc. 4 Bootleg Alley Greenport, NY 11944 Re: Application for Variance (Garage Location) Hearing Date: January 22, 1998 Dear Mr. Saeta: 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 22, 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 1/10 and be forwarded 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 1/14. (If the sign is torn or removed due to adverse weather conditions, please stop by to pick up another sign. The sign notice is required by code to remain for a full seven days . ) Once you have received the green cards,'please return the following: 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, Page - Legal Notice Hearings for January 22, 1998. Southold Town Board of Appeals NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 22, 1998 NOTICE IS HEREBY GIVEN, pursuant to 'Section 267 of the Town - Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road; Southold, New York 11971, on THURSDAY, JANUARY 22, 1998 at. the times noted. below (or as soon thereafter as possible) : 7:00 p.m. Appl. No. 4534 LORI HUNTER: . Based upon the Building Inspector's Notice of Disapproval dated December 10, 1997, applicants are requesting a Variance under Article VII, Section 100-72 for permission to construct an accessory building in an area other than the required rear yard at 11228 Soundview Avenue, Southold, NY; County Parcel ID #1000-54-6-2.6. 7:15 p.m. Appl. No. 4530 - AMAC, INC. Based' upon the Building Inspector's Notice of Disapproval dated December 22, 1997, applicant is requesting -a Variance under Article X, Section 100-101C(1) for permission to construct canopy over existing gasoline pump island, which canopy . structures will exceed the 18 ft. height requirement for accessory structures. Location of Property: 7400 Main Road, Laurel, NY; County, Parcel ID #1000-122-7-1.. The Board of Appeals will at said time and place hear any and all persons or . representatives desiring to be heard in the above application or desiring to submit written statements before the hearing ends. The hearing will not start earlier than designated. The file is available q Page --:)- - Legal Notice Hearings for January 22, 1998 Southold Town Board of Appeals ' for review during Town Hall .business hours (8-4 p.m.) . If you have questions, please do not hesitate to call 765-1809. Dated: January 2, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman x V ft it i ft A e., E NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOAR® OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: LogOV i H UATER DATE OF PUBLIC HEARING: Thurs.� SA n1. ZZ, III $ 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 3 a.m. and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: December 22, 1997 RE: Zoning Appeal No. 4534 - Lori E. Hunter Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Appeal No. 4534 - LORI E. HUNTER by Richard Saetta General Contractor Inc. for a variance. Also included is: Notice of Disapproval from the - Building Department, dated December 10, 1997 with copy of application attached; Letter of . Authorization; Transactional Disclosure Form; ZBA Questionnaire; and survey. QUESTIMMAIRE 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_) LORI E HUNTER OWNER ROBERT JOHNSEN MORTGAGE OWNER B. Is the subject premises listed on -the real estate market for = sale or being shown to prospective buyers?. { } Yes ( X) No. (.If Yes, plea a attach copy , af. "condit-nns" of sale.) C. Are there any -proposals tm.thange-or alter land cnntc=? ( ) Yes {g } No D. 1. Are there any areas which -contain wetland grasses? _NO - 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 yocontacted the office of the Town Trustees for its . determination of jurisdiction? NO E. Is there a depression or sloping elevation near the area of proposed instruction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fens which exist and are not shown on the survey map that you are. submitting? NO If none exist, please state "none." G. Do you'have any coristruction.taking place at this time concerning your premises?. NO If yes, please submit.a copy of your building permit and map as approved.by the Building Department. If none, please state. H. Do you or any co-o%aner 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 operaticrs conducted at this parcel RESIDENTIAL and proposed use RESIDENTIAL Autinorized Signature ana Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [ridded 6-5-84 by L.L. No. 6-19841 WE 71—AINDS [Amended 8-26-76 by L.L. No. 2-1975; 3-26- 85 by LL. No. 6-1985k A. fIDAL WETLANDS. (1) All lands generally covered or intermittently cov- ered with. of 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, fiats 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 cordgrnss. ted/= (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: i (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. § 2.1-0107. Subdivisions 1(a) to 1(d) inclusive. of the Environmental Con'servacion Law of the State Of ;few 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 landward of the most land. ward edge of a "freshwater wetland." - i 9;n..9 i r 2%'/ c APP.I.ILCANT TRANSACTIONAL DISCLOSURK FORM The Town of Southold's Code of Ethics prohibits conflic interest on the pari; of town officers and employees. T purpose of this form is to provide information which ca alert the town of possible conflicts of interest and al it to take whatever action is necessary to avoid same. YOUR NAME: RICHARD SAETTA GENERAL CONTRACTOR INC (Last name, first name, middle initial, unless you are applying 1.n the name or someone else- or other entity., such as a company. Ir so, indicate the other person's or company's name.) NATURE OF APPLICATION! (Check all that apply.) 'Pax grievance Variance Change of zone Approval -of plat Exemption from plat or, oCEiclnl map Other (If "Other," name the activity.) Do you personally (or through your company, spoune, sibltnq, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "nosiness 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 awns more than 5%. of the shares.. YES NO XX If you answered "YES," complete the balance of this form and date and sign where indicated.' Name of person employed by the Town or Sautho.Ld Title or position of that pnrnon Describe the relationship beL•ween yourself (Lite applicant) and the town officer or employee. Either chec)c the appropriate line A) thr.oucgh D) and/or dencrtbe. lit the space provided. The town officer or empl.oyee or Iris or her spouse, sibling, parent, or child is (clieck a1. .1. that; apply) r A) the owner of greater Llinn 5% of the shares of the corporate stock or Lite applicant (when the applicant is a corporation); B) the legal or beneficial owner or any interest in a noncorporate entity (when Lhe applicant is not a corporation); C) an officer, director_, partner, or empl.oyee'of bite applicant; or ___D) the actual applicant. DESCRIPTION Or RELATIONS11117 Submitted this day of Der, 1997 Signature -�� PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABUSHED BY THE LIALS. AND APPROVED AN ADOPTED FOR SUCH USE BY THE NEW YO" AT LAND TITLE ASSOCIATJ UNATHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION USTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTANCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. JV/01F MARTA WIEPZYNSKI SURVEY OF PROPERTY SITUATED AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-54-06-2.6 SCALE 1"=20' SEPTEMBER 24, 1997 OCTOBER 15, 1997 REVISED PROPOSED GARAGE LOCATION & ADDED PROPOSED POOL OCTOBER 31, 1997 REVISED PROPOSED GARAGE LOCATION AREA = 45,389.57 sq. ft. 1.042 ac. CER TIFIED TO: LORI E. HUNTER —:�y9A u �1 VLI J� � i &11 4 L2 1 a 14 *1 - �-�RICIIARD SAETTA,INC. ''TLE JOP HUNTER Designs LCKA T IL 4 Bootleg Alley SCAII Greenport, New York 11944 "A" (516) 477-1633 C"4 nr N..