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HomeMy WebLinkAbout4562j�/j-a5x7 . n4y C7 - D APPEALS BOARD MEMBERS Gerard P. Goehrilger, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�o�OSUFFOC,�-coG co y< to x BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF APRIL 30, 1998 Appl. No. 4562 - ROBERT KASSNER PARCEL 1000-87-2-32 STREET & LOCALITY: 145 TEEPEE TRAIL, SOUTHOLD DATE OF PUBLIC HEARING: APRIL 16, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: The above -identified property fronts along the easterly side of Tepee Trail, and along and is known as Lot 19 on the Map of Nunnakoma Waters, Southold. The subject premises contains a total area of approximately 19,900 sq. ft. A survey map was submitted by applicant dated May 22, 1986 showing an existing 1-1/2 story frame, single-family dwelling. under this application shows that the subject premises is improved with a single-family dwelling as shown on survey dated May 22, 1986 prepared by Peconic Surveyors and Engineers, P.C. BASIS OF APPEAL: Building Inspector's March 17, 1998 Action of Disapproval which reads as follows: The proposed accessory shed ... is required to be located in the rear yard. Pursuant to Article IIIA, Section 100-30A.4 further referred to Article III, Section 100-33. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a 10 ft. by 16 ft. accessory storage shed at a minimum of five feet from the easterly property line and a minimum of 38 feet from the most southerly property line along Wigwam Way. Because of the frontage on Wigwam Way, the proposed location is in a front yard. This proposed shed location is (and will remain) a naturally wooded area. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Code Section 100-30A.4 requires that an accessory storage shed be located in the rear yard. The yard immediately behind applicant's house is shallow: the house is about 26 feet from the rear property line at its closest and about 31 feet at the farthest, and existing trees and shrubs leave only a small lawn. Applicant therefore proposes to place the shed southeast of the house, near the rear property line. This area would be part of the rear yard but for the fact that the southeast corner of the property has a 40 foot frontage on Wigwam Way, and under the Code this creates a second front yard in this section of the property. The frontage on Wigwam Way is lined with shrubs and trees and is not used for access to applicant's property. In operation, the front yard is on the westerly side of the property, facing Teepee Trail. •Y Page 2 - April 30, 1998 Appl. #4562: 1000-87-2-32 (Kassner) Southold T,)wn Board of Appeals Applicant seeks the benefit of a storage shed that will not encroach on the narrow lawn area immediately behind his house and that will not block his northerly neighbor's waterview through applicant's property. Applicant can achieve this only by placement of the shed elsewhere than in the rear yard, and for this he requires a variance. Placement of the shed in the proposed location will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the shed itself will be consistent with neighborhood structures, it will be screened from view in the woodline, and it will not block the northerly neighbor's waterview. The variance requested is not substantial because the proposed location would in fact be in the rear yard were it not for the unused frontage on Wigwam Way, which technically creates a second front yard. The proposed shed will meet the setback requirements for accessory structures and will have no effect on the physical or environmental conditions in the neighborhood or district. On the basis of testimony presented and personal inspection of the property, the Board concludes that grant of the variance applied for is the minimum necessary and adequate to achieve the benefit sought by the applicant whiles 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 GRANT the variance as applied for and subject to the following CONDITIONS: 1. That the shed be used incidental and accessory to the residence for storage uses. 2. That the utility of electric as requested will be permitted. VOTE OF THE BOARD: AYEJPA4ErofSMS GOttI11wR, ,DINIZIO, H TORTORA, COLLINS, AND ORN // '' ���� / GERARD P. G/ GpEHRIN�Approved 5/4/g�' Lr ll BY �)�1-_,LD TO iI7 LLE;If{ /HOUR A5400/txt1k/actions.all/87-2-32 lawn Clerk, Town of Southold LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL :16, 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, APRIL 16, 1998 at the time noted below (or as soon thereafter as possible): 8:15 p.m. Appl.. No. 4562 - ROBERT KASSNER. Location of Property: 145 Teepee Trail, Southold; 1000-87-2-32. This is a request for a Variance :based upon the Building Inspector's March 17, 1998 Notice of Disapproval, disapproving a building permit application for a 10' x 16' shed for the following reason: proposed accessory shed being located on a non -conforming lot in an R40 Zone is required to be located in the rear yard, Art. IIIA, Section 100-30A.4 further referred to Art. III, 100-33...... The Board of Appeals will at said time and place hear any and all personsor representatives desiring to be heard in the above application or desiring to submit written statements before the end of each hearing. The hearing will not start earlier than designated. The file is available for review during regular Town Hal business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: March 30, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski �� '�,✓ FORM NO. 3 TOWN OF SOUTHOLD / BUILDING DEPARTMENT 7 SOUTHOLD, N.Y_ NOTICE OF DISAPPROVAL DATE: -A/-1-7./.9.8 ................ Robert..Rassner ...... To ............. I!+5. Yeepee• Trail ...... ` ............... . Southold NY 11971 PLEASE TAKE, NOTICE that your application dated ..March 7., 98 for -permit to construct :an accessory building in the front yard at Location of 9 Pro ert 1k?.............. Teepee Trail -- Southold P, House No. Street Hamlet Countp Tax Map No. 1000 - Section --- 47...... BLOCK: .. 2._...-. LOT ..!�......... Subdivision ......, ......................... Filed Map No. .......:.Lot No. ....... is returned herewith and disapproved on the following grounds the proposed acct .......... shed beim iocated on anon-con€orming lot in an RR40 Zone is required to be located in the rear vard:yPursuant to Article IIIA 100-30A.4 further referred to Article -III 100-33. Action required by the Zoning Board of'Appeals- ... ... .-f ------------------- ZI INSPECTOR RV 1/80 gj TOWN OF SOUTHOLD, NEW YORK � RFFFR . APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE;/�? /� j,P � �1 I , TO T401) Ahi ��/}2 IbFF APPEALS, TOWN OF SOUTHOLD, N Y of. ..... JA%.5r1��L ......... Name of pA�ppellantn Street and Number ........... ....... 5 �I..T.. H! : X .............................. ......N,%..........HEREBY APPEAL TO Municipality State THE ZONING HOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECjjTORcg� ON APPLICATION; FOR PERMIT . .................................... DATED ..... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit 71 of 5c3,c/%jrjfaL-P V .................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE / Street /Ham ° et / Use District on Zoning Map District ct 1000 Section V Bl ock� Lot.T f �Si IJc ... ......... ... ............Current Owner E,5/3,; Map No Lol'No. Prior Owner --s/ 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 /// n Section l o6— 3019•N r - 12Pffl L6 /// 100-•33 3. TYPE OF APPEAL Appeal is'made-herewith for (please check appropriatebox) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL ;A previous appeal ib"r(has not) been mode 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 andwas made in Appeal No. ...... ..................Dated .. ................................................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that % ' 2f0A -1it1Cfj (lcrl JD 4 P 7`f1 J S))}e P cva qG iJ Pd?O f 1/YT® yl1 dep ,) 44vlY 1V 2j5/9`_ 'PLi9CC'm'El7T 6/oc sjSe-jo e/q X,6111<' y'%'<9 wo q'L jz'5'C 1,vlqTj-'4 11iE+&- CTHleq /h-/ Pd'o( 6Cry) FoP o�ry N,15-AGif 04 To Form z81 (Continue on other side) - TI�G fil5 5c Ri=G/'f �aH r7�)D J/! To REASON FOR APPEAL �` Continued L STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because its 6,j tj) Wo U 4 i D %✓i� Y �jr;_ r$%L�3yiy� J��nC%< �i �� T/�G�l7Fr5 jredi7EQ V"�rv��G`i lits P Ochi 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate, vicinity of this property and in this use district because %1fl R PC -,e7-7 ff19.S T Lv a j= k'r3 i1 T 3. The .Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because TA/Z7 Wo 040 L79 T11E 7 -ft s PI 66P"T7 OF 114� Cs�) �T< % h`rr(�iy STATE OF NEW YORK ) COUNTY QF ) tGre S"r"G � Signa Sworn to this ......................... I :. day of..... �J G� f ............... TV �� .. .. v...... ; ..... Notary Public MUMMWNYaik w-�� u TOWN OF SOUTHOLD PROPERTY RECORD CAR® 3 OWNER �_. STREET % wn VILLAGE DIST.` SUB. LOT � �I. i tet::. ct I i f 1. � � �lCii :....I J � �'.`: 8i:.� GnJ V.. S.:. .: /t J.. t�1�J�!•jf Y+U �'Y N E ACR. Tillable FORMER OWNER FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland S _ W. TYPE OF BUILDING BULKHEAD Total RES. p " "' SEAS. VL FARM COMM. CB. MICS. Mkt. Value LAND IMP. _ TOTAL - DATE REMARKS L ) S 5 r, a O.o I o g -D /J 6 02 ez,P J ys Cbh R c22�ai t'/c3 f!aaa ✓ u % wn _if9 NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Piot BULKHEAD Total " "' DOCK BOWROAD CERTIFIED TO 1 ROBERT G. KA SSNER RUTH Z. KASSNER SURVEY OF ' LOT 19 ° MAP OF NUNNAKOMA WATERS" FILED JUL. 9 , 1968 FILE NO. 5126 AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 87 - 02 - 32 SCALE I" = 30' �otOF Nfip MAY 22 1986 S 110 CF %q �K Y.S. LIC. NO. 49618 PEC & ENGINEERS , P.C. ( 516) A ND P.O. BOX MAIN ROAD SOUTHOLD , N. Y. 119 73 86 -294 I LOT 15 h' S- 880 II' 00"E. 4 fen. 116.22' 4zw' 1 a pa$f4lzirf i sfoaae fence a w,efeme ez s fnd 04 S_ i moil __ I � fncr (n LOT 19 ° � a144. a bay Z9 "' c -E W, ' y2 5/ory f LOT 18 cone p/ala` f/'. lz hese S yalo9e 4 0 W t3 p' W w O tai. roa O R <b fnd � mOn 01 LO S. o�E O N. 88' Il'00' W. 80. 00' O- ' a LOT 20 '76! 00. rvO' aeµ S� in_ 00, W - 2�0 S 767g' WAY W10 CERTIFIED TO 1 ROBERT G. KA SSNER RUTH Z. KASSNER SURVEY OF ' LOT 19 ° MAP OF NUNNAKOMA WATERS" FILED JUL. 9 , 1968 FILE NO. 5126 AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 87 - 02 - 32 SCALE I" = 30' �otOF Nfip MAY 22 1986 S 110 CF %q �K Y.S. LIC. NO. 49618 PEC & ENGINEERS , P.C. ( 516) A ND P.O. BOX MAIN ROAD SOUTHOLD , N. Y. 119 73 86 -294 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK + ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE May 15, 1998 MAY 19 P98 STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Sievernich, Eleanor 4068 Miller, Ruth 4550 McAllister, Donald H. 4555 Kean, Thomas 4556 Bendowski, Joseph 4558 Mattituck Presbyterian Church 4561 I/Kassner, Robert 4562 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:\111 CC\ZONING\ZONING\WORKING\LDSIMAY\SD4068.MAY LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. 0. BOX 6100 ■ (5 1 6) 853-5 100 1 00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 786-0099 TELECOPIER (5 1 6) 853-4044 �p��gUFFOL,��OG . o - ti Z y • ole, OFFICE OF BOARD OF APPEALS 53095 Main* Road. Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-1823 fax Pursuant to Article XIV of the Suffolk County Code, The Board of A.peals of the Town of Southold, New York, heserFy refers the following to -the Suffolk County Planning Ccmmissi 1: X_ Variance from the Zoning Code, Article I I I Section 100-30-A.4 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4562 Applicant: Robert Kassner Location of Affected Land: 145 Teepee Trail, Southold, NY County Tax Map Item No.: 1000- 87-2-32 Within 500 feet of: Town or Village Boundary Line x x Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission..to locate shed in area other than the required rear yard Copies of Town file and related documents enclosed for your review.. Dated: %ham APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. Robert Kassner 145 Teepee Trail Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD May 5, 1998 Re: Appl. No. 4562 - Variance for Shed Location Dear Mr. Kassner: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Please find enclosed a copy of the Board's determination rendered at our April 30, 1998 Special Meeting. We have today furnished the Building Inspector's Office with a copy of the enclosed decision as an update to the March 17, 1998 Notice of Disapproval. You may. wish to 'contact their office directly at 765-1802 regarding the "open" application for a building permit, which must be issued before commencing construction activities. Very truly yours, Linda Kowalski s Enclosure (1) cc: Building Department, Attn: Ed Forrester Original Filed with Town Clerk's Office 5/5 4 Washington Sq. Village, 12H New York, NY 10012 April 6, 1998 Robert and Ruth Kassner 145 Teepee Trail Southold, NY 11971 n APR 1 31998 Dear Bob and Ruth, This is to acknowledge the receipt of your letter of March 31, 1998 in the matter of your request for a variance to build a tool shed on your property. We have examined the location for the proposed tool shed and have no objections to it. You have our blessing. I hope that the Town Board of Appeals agrees with you. Sincerely OP It Farhad Kazemi Jane Opper (Mrs. Kazemi) -/ cc: Southold Town Board of Appeals PfD00SEp Aceessw'y SHED 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: Mr.+ (S. IZ0889,r KA ss,JEk DATE OF PUBLIC HEARING: 0 11urse Apelk 14' 199p- K:)Tf"rn'0 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 4 p m BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (516) 765-1809 x r r .. • . j_ - 1 ► % - r OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-9064 fax. ++++++++++++++-:—;—T+++T++++++++++++++-+—+-+++++++++++++++Nis ++++++++++++++++++++— March 27, 1998 Re: ZBA Application Bearing Date: Thursday, April 16, 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 L.I: Traveler newspaper. Under the requirements of Chapter 58 of Town Law, we are requesting that you send a copy of this Notice with a copy of a sketch or map showing the area involved, at this time by certified mail; return receipt requested, to the all surrounding property owners. Please include your name and telephone number with the mailings. The mailings must be postmarked by 4/2 if possible, and be forwarded to all owners, as listed on the Town Assessment records, of vacant or improved lands across streets and along all boundaries of the subject lot. Please also post the enclosed Poster in the location described by Ch. 58 of the Code (that is, within ten (10) feet of the front property line facing the street, for a period of not less than seven days) . The sign may not be posted later than 4/9. If the sign is torn or removed due to adverse weather conditions, let us know and we will provide another. The Affidavit of Mailing and Posting, with certified mail receipts (postmarked by the post office) attached should be returned not later than the hearing date. The return receipt green cards should also be returned at the hearing. i r Page 2 - Instruction I:E Meeting of April 16, 1998 Southold Town Board of Appeals If you have questions, please feel free to call. Very, truly yours, Linda Kowalski Enclosures AS400/1nag.98/app1.1n Z4 the, �,,BQAJRUQF� AF.PEAES4"­* P-0 'P 'A ,M T,TIJ TIi>rJItSDAYjuesteil�k,3 M n -A00k 300 134, t IC 'eDU 1098- 14 , , X !, "i T El' IS' 'KEREIVL— GIV N;'-ptiripant t6.Sdcti6­n267 the ofth&­TovNm"LAi)�, and the Code s�rqctibn bf, an+ ad6assor. - s y truc-* r-,-..Jrict. 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Jglan& en arge -.j EndiRodd;-V106fi� JA ' I "N 'i,45,50_­3,,RUT jr.'I'taidl&!k1i r'Op.;v Vlj_ -,NY, - C � V, c6hfor-inm' ount -LER.. y-yarqqj�# 4, H 141L 'Locatiod:,00roperty- 100.0 if�a'l n; -r- X46A t' 374, �,-_ Jhis- ig areq6es� 5q;z,,,�v B-Zbne,' dk*, -Road, f�t, �H -ance -based up - .� e"Q ermined'; Mc ie .94 Ilie. ]Bffildiiig )?s August 27;", 1997 No- -4539- fl­­rj§pect( 6,.'3-5'-' 'M "A 'I 'N �Pl �`, P `:�, 9,015 Disapproval; ov •IFRANK-E-ICA-U-1t,-T-L-6r,ition-c - --- .. �W` _prov 'ot -ing an. applic�tion,,for' Provqrt ,I f_Ce-,_' alter enifiv. Ax� , _.. ,_�to, - . 'p-Whibb:491 ABeach. ­�­­. I —, aqyp�dsting 6 arl,Par -485'Orch'- d'-" _Pt!3gePnth,'qy;,P 4ollowing g9uAds 1U, 'S'616thot, 1, d.T-hio is ar'eques-t kn; i 7: 'J20 Dist&t;- f WdfQ:rl anddii-,krtic �, ng!i,-p ildi 94 prm bpj MARTIN '26A ion - &d6 �100- asedup6n;,the�, :� J Vendee Y ­Buildingir lnspeptbr!& September" ha I hot be:enlAFg6d,,rdz,6�_vjL-:1 Ki —use s .-i- - *;�-ano_ oi 22; 1997 Notice .ofDisap ,.-,;,-_Suucl�ed�br-fs"6turally.:�a-Iter�,edl)z),ri-fl. ,p -6f,spq - . �,Qya! unless thq:,�s�, 'k 'ng--, - -,I'SectCY; Count 780Soi - f, which c,e _;ib.9ild 4states:,,";..undet� '1`11 1 '16 "�'�,,�,i4,chang,�d,i6-aieonf6.ifil!)�Ouse;. �­44_This SCTM"Lbt; "i 'i fd06-89-:2'_;T1fdn& L-otf,8SQ`-6__j Article- XXIV !'S6dti-dj -roo:_�, anc 'Tfiavehieiged-s- ps4 ase mceAe:n­ohconr,,`.­-­ fl, .f6itj s';hive:been-helddin !cPM -'JOSEPH-eENI)OWgKI:.-�Lb*.6-,;- ,0j6Vin Mon 0%lpersnip,4�, �i� e -t b ;after Iiil 1, 1983. -�-Ufidei -!-btio 7P ,3.060,Pa' 9ec- - �;l . Vjpv��,F,ca ionacbo tion'en�e�, -ac Count -106-2 Matt# k, d bodirig permit.-' Y, S'e'an lie 0 th i sSeddon ' h A i,, b 0 6 tx complied; q ­Vb` "TI) tha' mpjAqd) ."pe as �, Pt , I- 1!W -1* #1 upon the,,B`W­Iaffig;, nspqctor's,, n'!646fi`s'-_'td 0- ;�17U 1_999.R1Nb*ii&,!60,' f LA46W-conf TU6.41 p,-,;xi0 �pl,,Nd. 4,554-- ­.,,Fefir4aD D­ VEGLIA., qddti6fi-ofPr6p-- ­: isapi _1;3� -Dis c -m UTS 70W ­ tri ew" 'id;-'�;,apolfcafiq4jp .pq t t oud&,Vi­.-`Rb Mattituck-: Parcel 4000-94.2_ .3;;t,-j-�struct a Tpar,&ck,a#�ion ,o �3norl 9pa UscQ ��-'ily,dwelling, sift � _This is:aequestforiauariai��e !exi§t;q I basad upori�the qllbWjrig.tw6 :on the oll" owinur N -Biiildiiag-I t t, enArtiq M, e "d 9 -AB piopbs6& L, 1WV iij ink. ;6&fr-u EqV.4._rg apPHL '-'-23 r 'addla cation ova -0 616 dedk-' r�W,- feeb .Vn44afling, 6najii�a6cegs�oj.), qxj0tq& p�b 7 3 m. A0 U.p. gu -04 1' 0,>45*' }estdyyelliilg isap 0�bri. HERM, .0,Qyqd`f iary 24,*,,,, RISTOP 'Location. 60 620-3,41A, 6f:Pfdpi�k a6K -A.,t P04, 4 el�...'a:cdemqry �'�'--Hirbor]G& '00133N156ci ;4,000r, 15j ,PW —1-1d is - rt ih T'1-1_1 '4�OT67);d ROBERT.E bqsq4,4,U- ji, i I o ropp ,q et -guild 9 7,&,� `4- y�MD, '090`146- §6Ythq d;, I (b) disapprov64�Mai�.h -bfDig6j5pf&�04`at�a� 6:-jt40-'69t!fb 6,, . tkqO I . , � f oy. 7 '�k 1. - ". 9-peffifit, 19 9 s, a&i ArfP& VIPSec,ti'drF, ing a bdildiih, 51hidu '6'44661,8 P in _4i `-T `&A�4Q.Qces96 edacc4sbi&sW_ bJM 0414,,Tgll� Tob`2338. t 6�! -,vstructur� Aah -',d VAAaff �j 'QT 41,06 m-�`p'gyb I W �d er q ng,�pqr p ck w7c e e uire such; V 6A e, qk#', ar-L,'I ii1kUp no less than 10-L e B in, e9soqfpEQ13 M. of 3'W din y 9t line: '"jlI!6w-V:-,uld-inthcP_, ,66TtF 'os 7- J= Looatiori of200/Wthie�,Q a �V _vij Td_k8iid,- Fish- 2'556" eragb�## VY4_4-3� 2;.5.53,.§q;,,,Ry,s-"*",-,---,��.���,�4�r"..'I imnjing;pob.... ,waFequdst for _w, "Build �K$: sq. &'; _brie ge at -3, Admh6fj, 121, 6v ate 24- V, A isapprbi pm, .p i On or -ppm; AP1i1: 71 N3 51 ddditiQ.n to - -'ROBE i�p a y_ ioUn:W9 ro r t �ish h --�`C h RM u ,17;21 RK ss: tPsek h 0 is-- V58 being duly sworn, says that is.- VaraanceUase !s, d n Coordinator, of the TRAV- li, ns t Is 11 a public newspaper printed 4b 4" ld lk County; and that the no - 1 -ft fo ad i-,ohurdh,­fdr-�jh 7 nnexed is a printed copy, in said Traveler Watchman tibif,TONM jis.e i It,* or . .................................... weeks no P - td,,- 6;�, hb- IN1,P" F';; 4T_ ypertauisto the encing on the .................... P, Prmtug ,'t4 thesexispng.................................. 119 ....... i}Ltler-eq ured . .. ..... ......... .............................. E -b ritract:1, O-B` k'' Ze this ........................... -ay iy K. of ro c gel #1.000 1:4L.................................. .19....... pry i; to 4. isa- . .......:l ................ gzppermrj�gnp - ­4� ary Public ,nus's�s, se. or- eg, D _U BARA A. SCHNEIDER - I; tjq PUBLIC, State of New York , • ej, 14gut .mg, 10. No. 4806846 :Variance U11UFz ehjM 19ZVWei 0, 3: THis,isra: s.Q• Build" D reqkidgt',deiArt.'or,aii,interptetiit', ion un98 dinar.- i wa er mpik , 'M& F PQj aR � �1' Biiijjll� O-Pl - - , . _ y Section 106.z:, , 242&4 earls 119"t R4152one-Vi )'O�eeditlii-2W�,�-""i` u1i 'qngj �peptq oII6W''-- P� ppadyo S' _ ' - A, 40 &6000ri flii'§Afticl� sh�lfl 9- -, - - , ___ . - 1, .., , a e��' "C`�`Ai hi1l"' jL b 9 T E' is'' qe6`-e4'to'p'':r6v" �appfdtr_-7004 �ntlfi�i6m6del- t V4 0 -It - tr� . , ­ I '2-874ith*�ad-, tage:6ff squarp.-,, C d - 11'" nj gons ction or en arge ursua ditto wi-.'-�419'8u f bL,_,U �ve ing q.i nU -sons qt rt U, d 'Ai ­ XIV,!, 100-2-44B., -`:2),T iifg on g-a1cbhTom--u1ng.use, Art..; -,.,X , q - M, 44 0067 posed construction n' irovided,that such action n encroac `,g,-Vrf -does th' iqv�r6at&hrry n- fl ee isting qW,,nbno6n '0 -1. 'in.e es oegn, .-'bac;k,.of'S��5,�':--p-ursuant.7to,-', -Murn' requiremeigplAo'-f Q�ft fot ELIZABETH A. NEVILLE 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: Elizabeth A. Neville, Southold Town Clerk DATED: March 17, 1998 RE: Zoning Appeal No. 4562 - Robert C. Kassner 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. 4562 - ROBERT C. KASSNER for a variance. Also included is: Notice of Disapproval from the Building Department, dated March 17, 1998; photo of shed style; letter to ZBA by applicant, dated March 17, 1998; ZBA Questionnaire; and survey showing proposed shed. t46 ,16e,& �G Jous/ol, rt 07t(6M7822 March 17, 1998 Board of Appeals Town of Southold Town Hall Main Street, Southold 11971 RE: Variance for Shed in Second Front Yard Dear Sir, I plan to place a storage shed in the wood line of my second front yard. The reason for this location is to preserve the water view of my neighbor to the north. I have talked to my neighbors and they will support this location at the Public Hearing. I will contact my neighbor to the east who is the owner of the vacant lot to discuss this location with him. Thank you for your response to this request. S' cer y, REASONS -FOR AREA VARIANCE ONLY (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 NU'r be produced .in the,characte.r of the neighborhood or a detriment to nearby properties, if grantedBECAUSE: %Of Sfi�� ►�//G, �� Sc%'E�irE -1441) -50-7-116k-,< jj�ocld IiEIG'ff�aQS tv�TE.Cv/,�lvlAiY� lv/ d' 13jg 507- GAdK �gL�yoST �' /�d�► yllQ" f 46pt'<7 j�1lvY Za1f w//<d174CdG�S 1':'o�2 s o' F 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: y�ouL pQ6 J /iGT_ /r y 14 X D L ^1 ff 6� [3,4 o ( A/, /�/ 1�6f Ila �<S w `9-7 A5.4 !// 41 //= plG�c`FiJr / r/ 4 9,-2 y �4X D. m )1,4 e /fLS 1V 'T -/(,14 a 0� 3. 'rhe amount of relief requested is riot substantial BECAUSE R0 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSESff�� lvlLC ��.5d!?E�i�'Ef� /�`j' GUda0 A/✓3`//y a;A- Mt; U/51/�!/� 74 o 411 y 45P0 5. Has the alleged difficulty been self-created? ( ) Yes. ( �O No . 6. This is the minimum that .is necessary and adequate, and at the same time preserveand protect the character of the neighborhood and the health, safety and welfare of the community. STA'rE OF COUNTY 01 Sworn to before me this /% t:ctlk/form.var/temp (Jay of /AlgieCN C 01 1970 Ndtary Public E QUESTICNNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of Ithe 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.) o L T G. s� r!E p �. ��• � B. Is the subject premises listed on the real estate market nor = sale�or being shown to prospective buyers? { } Yes (X) No. '.(If Yes. please attach ropy of "conditions" of sale.) C. Are there aay-Froposals; to change alter land contours? { } Yes {x} No D. 1. Are there any areas which contain wetland grasses? l/a Z. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkhd between the wetlands area and the upland building area? y9 4. If your property contains wetlands or pond areas, have You contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depressioa or sloping elevation near the area of proposed construction at or below five feet above mean sea level? / D (If not applicable, state "N.A.") F. Are there -any' patios, concrete barriers, bulkheads or fenr'aG which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." o�. fl slur ��«: ��n�� G. Do you have any construct' on talon t C le 6,4 ' concerning your premises? �p If g Place at this time . Of your building -�-- Yes, Please submit copy g 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 If es Of dee O Yes, please explain where or submit copies Of deeds. I. Please list present use or operations conducted at this parcel (��� s rzz Y6- and proposed use _ S 1 Au -n ri�.edOicinat, a ana Date 3/87_ A § 97-13 :WETLA.NbS § 9743 TOIVN — The Town- of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. (Added 6-5.84 by L.L. No. 6.19841 n i 1NDS (Amended 8-26776 by L.L. No. 2-1976; 3-26- 85 hp%`L.. Ya S-I985� ' A. tID,AL WETLANDS: (I)- ;AII 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 Jive (5) feet. including but not limited to banks. ,'bogs, salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh i.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 cordgram' high bush. cattails, groundsel. Marshmallow and low march cnrd=•ass;anri/or (3) All land immediately udjacent to a tidal ~wetland as defined in Subsection A(2) and lying within sev' - 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 2t- Ti - tie 1, § 2. mOI07..Subdivisions I(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land `immediately -adjacent to a "freshwater wet- land." as defined`in Subsection 13(1) and lying with= in seventy =five •(15) •feet landward of the most land- ward edge of a "freshwater wetland." 9705 The Town o interest o purpose of alert the it to take APPLICANT TRANSACTIONAL DISCLOSURE [FORM f_Southold's Code of Ethics prohibits conflicts n the part of town officers and employees. The this form is to provide information which can town of possible conflicts of interest and allow whatever action is necessary to avoid same. YOUR NAME: 1� D LDL 6 l (---7 L ,t2 J J/ 7 C I--, (Last name, first name, 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.) NATURE OF APPLICATION: (Check all that.apply.) Tax grievance Variance �C Change of zone Approval -of plat Exemption from plat or official map Other (If "Other," name the activity.) ..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 apartial 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 "YF.S,".complete the balance of this Corm and date and sign where indicated. Name of person employed by the Town of Southold o L G T sr'�� Title or position of that person S/2 -fl -11 /y Describe the relationship between yourself (tile applicant) and the town officer or.emp.loyee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate 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 I'/. day offi4ifc 199 ' Signature /� Print name F0,99(? ��/� 1W BOARD OF APPEALS:TOWN OF SOUTHOLD -- ------------------------------x In the Matter of -the Application of (Name .of Applicants) ------------ ----------- -----=--x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK), residing at l4(STE95F165 %�%�'/l New York, being duly sworn�,� depose and .say that:,., 1) On, the day of 19 P9 /) , 1995 , 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 ori the current assess- ment rolls. of the Town of Southold•; ,that said Notices were mailed, at the United States, Post Office to each name below certified mail, return receipt ...requested •(attach post office receipts here) : Name of Surrounding Property Owner Mailing Address 5 Tqr! 1 4P f adv'Sk" i __ay RA SG o.4 // 77/ and, 1 } 2) On the I$ day ofAfi4e# 1999, I personally posted the subject property identified as District 1000, Section Block., 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 to the subject hearing date, which is JL . 199 rl Swor to befo a me this (signature ay of /� 199 **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m,.). Thank you. § 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.] § 58-1. 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 v 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 setback' not more than ten '(10) feet from, the property line. The sign shall be displayed fora 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 propertywhich is across from any public or private street 158-1 SOUTHOLD CODE § 5871 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-- addresseci�'►d the addresseR listed for them z�r a_ a licant or agent shall on the local asae��� "applicant with this tsifiJ . fi5i^ :* JET <6"''. Me an—af�jakivit. as provision.