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Home My WebLink About4555 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing 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 MEETING OF APRIL 30, 1998 Appl. No. 455~- DONALD MCALLISTER PARCEL 1000-4-4-1 STREET & LOCALITY: East End Road, Fishers Island DATE OF PUBLIC HEARING: April 16, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is located on a private road which extends off of East End Road, Fishers Island. The survey map submitted under this application shows that the subject premi.~es consists of 4.04 acres. The premises is improved with a private one-fRmily dwelling and two private accessory buildings located in the front yard area (rof. Certificate of Occupancy No. Z4861 dated October 17, 1972). The subject of thi.~ application is one accessory building which contains a bedroom area and a bathroom area only, with no kitchen or cooking facilities whatsoever. The use has been for occasional sleeping accommodations for family guests related to the main dwelling, and not a separate use. No income has been derived from this nonconforming accessory use. BASIS OF APPEAL: Building Inspector*s August 15, 1997 Aetion of Disapproval which rnmds as follows: VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to replace the fiat roof with a pitched roof on this accessory building, that will echo the architectural roof style of the main house. The floor plan and occupancy of the accessory building will continue for family or guest use for occasional overnight stay and accessory storage purposes. The applicant confirms there is no intent to convert this building to a cottage or dwelling, and that the references to "cottage" on the building permit application and notice of disapproval are in error. Re: 1000-4-4-1 (McAllister) '?~E SOU'i2iCLD TOWN CT.EP~ ZBA April 30, 1998 Meeting ! Town Clerk, Town of Seutholcl REASONS FOR BOARD ACTION~ DESCRIBED BELOIW: (1) The granting of the area variance wi~ no( produce an · undesirable change in character of neighborhood or a detriment to nearby properties because the footprint of this preexisting accessory building will not be altered when the roof is replaced, and the degree of noncenformity with regard to front and side yard setbacks will not change. There will be no increase in the extent of nonconforming accessory use in this building, and such use will continue to be customary and incidental to the principal single-family dwelling. (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 applicant seeks to replace the roof on a preexisting accessory building. (3) The requested area variance is not substantial because only the roof will be replaced on a preexisting accessory building in thig project. (4) The preposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the roof llne will be only slightly altered to become more conforming to the architectural design of the principal building on this parcel as the reef is replaced on the preexisting accessory building. (5) The situation has not been serf-created because the.preexisting accessory building subject to the proposal for roof replacement was constructed on its current site many years prior to the purchase of this prcpe~ty by the McAIli-~ter family. In considering this application, the Beard deems thi.q action to be the minimum necessary and adequate, and at the same time preserves and pretecta the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Horning, seconded by Chairman Goehringer, it was RESOLVED, to APPROVE variance, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, AND HORNING~q~.~T-~is R~,yo~I~TI.~N wj~s duly .~'ff]ERARI~P. GOEHRINGER, C~IR~ / App~ved 5~4~98 for Filing / DF'PARTMENT OF PLANNING COUN-FY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY D<ECLmVE I',IAY I 9 STEPHEN rvl. JONES, A.I.C.P. DIRECTOR OF PLANNING May 15, 1998 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the tbllowing 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 intel-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) Sievemich, Eleanor Miller, Ruth t~cAllister. Donald H. Kean, Thomas Bendowski, Joseph Mattituck Presbyterian Church Kassner, Robert 4068 4550 4555 4556 4558 4561 4562 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:~ 11 ICC~.ONING~ON IN G~WO RKIN G~LDS'C4AY~S D4068.MAY Tt,tA ,~,Pl~E;\l. FROM DECI5101'I OF ^ PP[."^L l',O. I-O Ii tE ZOFIII'.K:~ [}O/M;,D OF ,,%PPEA, i_S, Katherine P. & Donald H. McAllister . .. at pri~a~.rg.a..a gL ~a..~ ~ .RQa~ ............... l, (We} '%rustPgs ......... ~'~ ............................. Shl:el -~]ome O[ /~pl)e .......... ~'j. sbe~s..IsJ, and ............................................ ..... L~t~w..:fo:k ............ llEREBY APPEAL TO Municipality I liE ZOFIIF, I(2. [~O,&P,D OF A, PPE~,LS FROM 'l~lE DECIS[Ohl OF '[IH? I~UII.DII,I(] IblSPECTOR OII APPLICATIO[q FOR PERMIF bio ..................................... DATE~ ..T.~.~9.T ....................................... WI[EREBY '['JJE I]LJII.L)H,I(~ H,ISPECTOI? I)EI,II~C) TO ( ) (x) ixh]me o~ Apl)Ilea'It for' I)ef,,lil al .......... ~.q~:....?.Q Z ............................... F.. i.~.h.e.r. ~...~,~ .L~.il.d..,.......N..¥....0..6...3..g. g ............. Street and Number . Murdcipality Stole PERMIT TO USE PERMIT FOP, OCCUPANCY alter an existing accessory building I LOCATION OF THE PROPERTY .P.r.i.v.~t:e...l{oa-d...p.~f...Ep'~-~--.]~'rt'd''''~g'B'~'('''~'~'~'''''~'~'0 · Slree/ /Jlalll]et / Use Dis~(icl aa ZarlJllg Mop · · 1 ~ p. & ~d H. ~ District 1000 Section 4 Block 4 t0t .............. ................................................... Mop No. ' · Prior 0wner.~ 2. pP, OVlSIOi'q (S) OF TItE ZOi'41NG ORDII'IANCE A. PPEALED (Indicate the A, rticle Secllon, Sub- section and Pa,agraph aJ the Zo~,ing Ordinance by rlumber. Do aot quole the Ordinance.) Article XXIV SecLi0n ~A 3. TYPE OF APPEAL AJ)J)eoJ is mode herewith for (please check appropriate box (X) A VANIAbICE Io ihe Zoning Oldi~once or Zoning ( ) A VARIANCE due to lack oJ access (Slole o( New York Town Law Chop. 62 Cons. Laws Ad. 16 Sec. 280A Subsection 3 4. pREVIOUS APPEAL A previous appeal (has) (has not) been mode wifl~ respect to lids declsio. of Ihe Buildi~g [nspecior'or with ~especl Ia Ihls properly. Such c~ppeol was ( ) requesi for o special { ) request for o variance and was mode in Appeal bio ................................. Doled .............................~ ........................................ REASOI'I FOR APPEAL ( ) A Vario,tce to Section 280A Subsectia,, 3 (~) /%, Vallance lo the Zoni,lg O~di,lance is requested Jar Ihe luasa~l Ihot ~e think the subject' structure is mislable~ as a nonconforming use. Our structure is an accessory buildfng with sleeping and bath quarters. It's use is customary and incidental to the single=family use iowed in this zone. Having no kitchen)it is ~ubordinate to ~nd dependant on ~e main house and not a separate dwelling unit. It's locatlon,too close to the road and to the side yard make it a nonconforming building. It should be able to-be altered under Section 100-242 as a nonconforming building or under Fmu~ ZJII (Col~linue o,I olJu~r side) Section 100-245 under normal maintenance and repair. See Memorandum R[~ASOi"I FOIl APpI~AL I, S'IRICT APPLICATIOFI OF THE ORDINANCE would produce praclical dillicullies or unneces- sa,y IIARDSIIIP because We want to main~~y. We nee~a new roof to keep'the rain out. We are not changing any of the footprint, of the building. We would like to put oh the pitched rbof designed by our architect because it will drain water better than a flat roof and looks more like the roof of the main house. 2. The hardship c*ealedis UNIQUE and isnot shared by all properlies alike in Ihe immediale ¥ici,~il¥ of lhlsproperly arid in lhis use dislrict because Through no fault of our own, our accessory building was built too close to the road and too close to the lot line to conform to front and side yard requirements that would later be adopted. We want to.continue to use and maintain all our legitimate rights to. improve our property. Even though our land is more than 4 acres, front yard, side yard and wetlands setbacks severely reduced the buildable area of our property to 10 percent of the size of the lot. We have little flexibility and little other choice but to maintain and use the structures we have in their present locations. 3, Tile Variance would observe Ihe spiril al the Ordina,~ce and ~OUI_D NOT CIIANGE TItlE CIIARACTER OF THE DISTRICT because The area is rural w~th plenty of space between properties. 'Our property is particularly well screened by trees near ~he accessory buildinq which is the subject of this appeal. Because the footprint of the bulldingls not being c~anged and the u~e of the building will be the s~me as it always has been, the o~ly. change would be that our building will have a pitche~ roof rather than a flat roof The only difference is that the roof will look a little better - more in keeping with the main house and more able to.shed water easily. STATE OF NEW YORK ) - COUhlTY OF ) , ,o ,,,is ............................... (1-516) 765-1809 tel. OFFICE OF BOARD OF APPEAt~ 53095 M.i. ' Road. 8outhold, NY 11971 (1-516) 765-1823 fax XX Variance f,~m the Zoning Code, Article XXIV , Section 100-24'3A --Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __ Special Permit Appeal No: 4555 Applicant: Donald H. McAllister Location of Affected Land: Pvt. ROW off n/s East End County Tax Map Item No.: 1000- 4-4-1 Within 500 feet of: XX Rd., Fishers 'Town or Village Boundary Line Body of Water (Bay, Sound or Estua~) State or County Road, Parkway, Xighway, 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 Ar~a 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 alter a Rxistino cottage Island, non-conformino N~ Copies of Town file and relates ~ocuments encloseq for your review. Dated: ~/~'/J~, / ~?Y YOUNG DESIGN & CONSUL TING 215 WEST 88TH STREET, NYC 10024 TEL. & FAX (212) 724-7204 March 2, 1998 Southold Board of Appeals Town of Southold Town Hall Southold, NY 11971 Re: McAIlister Permit Dear Board Members: Please find the following documents in this booklet: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Memorandum (4 Pages) Notice of Disapproval (1 page) Application for Building Permit (2 pages) Appeal from the decision of the Buiiding Inspector (2 pages) Reason for Area Variance Form (1 page) Architectural Plans (4 pages) Town of Southold Property Record Card (2 pages) Certificate of Occupancy (1 page) Photographs of the property (4 pages) ZBA Questionnaire (2 pages) Environmental Assessment Form (1 page) Applicant Transactional Disclosure Form (1 page)*~-~Aa Building Permit (1 page) Survey dated October 11, 1972 (1 page) Sincerely, Susan E. ~Ydu~~'- Agent for O~nner YOUNG DESIGN & CONSULTING 215 WEST 88TH STREET, NYC 10024 TEL. & FAX (212) 724-7204 March 2, 1998 Southold Board of Appeals Town of Southotd Town Hall Southold, NY 1197~ Re: McAIlister Permit MEMORANDUM Dear Board Members: Thank you for considering our application. We are appealing a decision of the building inspector. Our application to put a new pitched roof on our accessory building was disapproved on 8/15/97 citing Article XXIV 100-241A. "A non-conforming use shall not be enlarged, altered, extended, reconstructed or restored." (Exhibits~ & 2) The following comments are intended to add to the materials we have submitted to explain our point of view: 1. We plan to change the roof of the building only. The floor plan will remain the same. (Exhibits 6, 7, 14) The architect-designed roof will echo the roofs of the main house. The new roof will make the structures look more like one building. As you compare the photographs of the site with the drawings, we hope your will see an improvement in the appearance of the building. (Exhibits 6 & 9) The pitched roof is also more practical because flat roofs are prone to leaking. 2. Possibly for want of a better sounding description, people have referred this bunkhouse with a bathroom over the years by nice sounding words like as a "Guest House", or "Cottage". (Exhibits~i, 2, 7, 14) These descriptions made the structure seem like a second "dwelling unit". But it is really not a "dwelling unit". Technically the structure is an "accessory building" with sleeping and bath quarters for the following reasons: There is no kitchen. The size, floor plan and adjacency to the main house show this structure as subordinate to and dependent on the main house. (Exhibits 6 & 9) It could not exist as an independent dwelling without the cooking and living facilities provided by the main house. We think our structure has been mislabeled "nonconforming use". It is an accessory sleeping and bath quarters which should be allowed in the single family zone under Section ~0Q-31 (C). See definitions and relevant sections of the code below; 2 ACCESSORY BUILDING OR STRUCTURE - A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building. NONCONFORMING USE - A use, whether of a building, sign or tract of land, or combination of these, legally existing on the effective date of this chapter, which does not conform to the present use regulations of the district which it is located but which is continuously maintained after the effective date of these regulations. 100-31. Use regulations. [Amended 3-I4-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One family detached dwellings, not to exceed one dwelling on each lot... C. Accessory uses, limited to the following uses and subject to the conditions fisted in Section 10Q-33 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter.,. 3. As an extension of this idea, we must challenge the %xception" on the 1972 Certificate of Occupancy. (Exhibit 8) It cites two "accessory buildings" in the front yard as an exception and labels them %onconforming use". We believe that for the reasons already stated that this reference is a mistake. There is no **nonconforming use" but only an ~'accessory building" that is nonconforming because it is in the front yard. There is no attempt to create a second dwelling unit in this single family zone if this is in fact the nonconforming use which can be assumed to be the problem. Instead, the buildings should be called "nonconforming buildings" because of they fail to conform to front and side yard regulations, having been build too close to the road in the front yard and near the property line possibly as early as t957. (Exhibits 7 & 8) NONCONFORMING BUILDING OR STRUCTURE - A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which fails, by reason of such adoption, revision or amendment to conform to the present district regulations for any prescribed structure or building requirement, such as front, side or rear yards, building height, building areas or lot coverage, lot area per dwelling unit, dwelling units per building, number of parking and loading spaces, etc., but which is continuously maintained after the effective date of these regulations. 3 We believe it was the intention of the 1972 exception on the Certificate of Occupancy to note the misplacement of the buildings rather than cite illegal use. Notice that the type of illegal use is never stated, only the placement of the buildings in the front yard is mentioned, As a %onconforming building", it can be altered under Section 100-242. Section 100-242 Nonconforming buildings with conforming uses. A. Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree on non-conformance with regard to the regulations pertaining to such buildings. Our project will not increase the degree of non-compliance because the footprint of the building will remain the same and therefore will not further intrude on the front or side yard. (Exhibits 6, 7 & 14) 5. Our ~'accessory building" should qualify as **pre-existing" because it was built so long ago, possibly as early as 1957, and is well documented by Certificate of Occupancy Z4861 of October 17, 1972 and Soutbold Property Records and has remained in continuous use over the years. (Exhibits 7 & 8) 6. The project would have little effect on the neighborhood which is wooded and sparsely developed. The nearest building is 240 feet away to the west and well screened by trees. Also, unlike many properties of its age, the placement of the buildings on the land complies well with prohibitions against building within 300 feet of the water. If the buildings had been set back further from the road this might not be true. in addition, new regulations adopted in 1992 (L.L. No. 33-1992) allow **accessory buildings" in the front yard of waterfront properties, Section 100-33 (C). Please note that even though our lot is quite large, setbacks from the road, side yard and wetlands would leave us virtually no where to build under modern regulations through no fault of our own. (Exhibit 14) 7. If the board cannot agree with our reading of the law that we have a %onconforming building" with a conforming use, we hope that the board may grand a variance due to the small size of the project and the sparse development of this area of the island. 8. Alternatively our project might also be permitted as under normal maintenance. Section 100-245. Repairs and maintenance. Notwithstanding any of the foregoing regulations, noting in this Article shall be deemed to prevent the normal maintenance and repair of any building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. 4 9. We are not sure our roof addition warrants this much thought and analysis. But we need a new roof and permission to build it. Also, we do not want to lose legitimate rights to our property to a case of mistaken labeling as "nonconforming use". The new roof is a practical repair which will visually enhance our property and the neighborhood. It wilt not adversely affect any one. The building wilt be used exactly the same way it has always been used, with the only difference being that it will look better. We thank you for your time and service to the community and hope that you can to grant our permit. Sincerely, Susan E. Agent for Ow~e~ C REASONS FOR AREA VARIANCE ONLY (to be completed by appllcant)~ Do not use these standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change w[[[ NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: The building will not be any bigger. The footprint will remain the same. Only the roof will change. The roof will look more attractive because it will go with the main house. 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: Alternative methods suggested in ou~ memorandum are a use variance, repair under Section 100-245 or Alteration under Section 100-242(A). 3. The amount of relief requested is not substantial BECAUSE The project is very small. It is just a new roof. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE The building is well screened by trees from the nearest neighbor. The ground will not be disturbed. 5. Ilas 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 the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) (Applicant) Agent must attach writte~ co--nn~sent from owner. Sworn to before me this zxz!k/form.-~ar/temp day of ~(b~ , 19 9_~ · Notary PubLic BLDG. DEPT. TOWN OF $O~THOLD T q ¸0* . )0 y =~ _--ZL'I:G ~'r-=H '-_'CUR Z.B .~- ~. ........ ia~v!dua~ (~d ear,ami kaving a r~.c-=l s-~jec= pr~ses ~c a dascr!~uicn of ~_~ ~rustees 4. v' -zc~ utc e~ ccn~ wes!~ or ucnd aress, have s-~t~ stone wal~f ncne ~s%, ~/aasa concerning vcur =r=~isas? no If yes, · .4~ ':-~ =e~ and ma~"~ a~=rcved s~ ycur uu._c~,= . . - -- ~aU~enn. ii ncna, Dlease c_c_e t = Do v~u cr aPy~ c=-cwner a!s~ c~ -k-- --.-o~9 -= yes, n!ease el~i~l~ whera or --'~mi- cc=Las a. plaase ~s- ~r~sanu u~e c~ ........ ..... 1 $~n~le-f~milv residential § ~7-~3 TOW~' ~ The Town of $our~=kL Sou~:l~ [;~ded ~4 by ~-N~S [Amended S-2S-7& , bo~ ~c r~;~ S~m~ me~do~ ~w ~me or ~7 of Lhe !oilo~n~ ~: My. bl~k defined ~n Subsec~on .M21 a~ ~n~ ~bin saven- ~Z-five (7~) ~e!c [~nd~ of' ~he moa landward oi )/ew '~or{<' -- ' (21 All land immed.~:.:e!v ,':d5a::at to a "5x'shwater we,.- ~na. :s ac:reed in Suhsec:/:n E(!) -" ' ~.- · in sevencz.dve e ............. of :.he ..'acs: lan~- Ward ed~. .:rojec~. and the !/2,ely im.~acns of ~--~.e acnion. I= is =oc e~ecned ~na= (b) rf ~y ~es=ion has been ~swered Yes =he 9rojec~ may be sig- (c) if ~! ~e~tions have be~ ~wered No it is [ike!y ~t ~e ~ ~e projec= si~s ~r ~hysi~!!y'a!ter. ~r_ Wi,_ ~here be a major change to any ,unique or unusual lan~ form on ~e si=-=? Wa__ projec-- altar or have a large*_fl_mc: c.. an =_~u!.~g ~o~y of wauer? Yes X Nc 4. '"'~,~__ project have _- .~ ~,-~ t~,. . 6. Will ~rojec=~=f__~=~ ~v. ~aa~ed ~r S. Wi!! ~r=jec= ~ave : ~jor _~f__. un ~c~ce or ~,f ~i~e desi~atad as a cri:ical 10. Will ~rojec= have a ~jor effe~ on e~s=!%g or · sys=~ !2. Wi!! project Ca~u!ar!y cause objec=i~n~[a =o~se, ql~a, ,;~br~cn, or electrical ~__ ~rujec= have ~v ~acn on p~lic '' dir~c=!y causing a crcw=h in ~e~nen= 'f~s X ~c "-~--s~====~:~r~,.~,~ F~ p~...... H~II,~/~~ :~=~: ~'/ FROM : YOUNG PHOHE NO, : 21~ 724 7204 M~R, ~2 i:.~: ,FU ~H;IA(:'I'.I OH f~ ~, I) I',~;(: 1,()-~ UII I~ ltAoj~l)tll.r. Uti. Ai:,i)i,iC:A,i.'~I~()N; {(Jil~.(':.lc ;~tl th,~k nl'Jply. ) Approval o~ plat; ............. Other NO ..... 'l'lble or position of t;ha~ person l)escr£be the appropr ia~e t)rov ided . persist, or chi].d IS (check ~1,1 that apt)iy)~ co~porabe stock oE ~}}e nt)pl, icat~ (~hon the aDpl. iOaltt ia a cocporat[o,)~ 9} the legal or beneficial owner Of any [n~eregt i~ a t~oncorpo~abe e~t;[t:y (whe, fha applL~ant La not ~ applicant ~ or 1)) the actual app.ticanb. AI~I~'L [ CANT IIAH'.~AC'I'[()NAI, The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees, The purpose of this form is to provide information which Call alert tile town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOHI{ NAHE: (Last name, f[$et; name, middle initial, unless you a£'e applying ]n the ilallle of Solneolte else oE otter entity, such aa a company. IE so, indicate the other person's or company's name. ) NATURI{ OF AI'i'L1CA'FION.- (Check aLL that apply. ) Tax grievance Variance X Change of zone Approval of plat; Exemption from pi. at or official, map Other (If "Otlmer," name time activity.) Do you personally (o~ through you~ compaey, ~pouse, eiblin,g, parent, or child) have a relationship ~[th an~ ofgieer or which tile town of fleer OE employee ha8 evell a partial o~nefsbip of (or employmee~ by) a corporation in ~bicb YF.S NO X If you answered "YES," complete the balance of lille form and date led sign wlle~e ledloated. Name of person empl. oyed by the Town of Southold Title or position of that person Describe tile relationship between yourself (tile applicant) and the town officer or emuployee. Either check tile appropriate lille A) through D) and/or describe in tile space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply)= __A) the ownec off greater than 5% of ti~e sltares of the corporate stock of the applicant (wheu the applicant is a corporation); B) the legal or benef~cial owner of any interest ].1) a noncorporate entity (when the applicast Is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N. Y, BUILDING PERMIT (THIS PERAAIT MUST BE KEPT ON THE PREmiSES UNTIL FULL CON~PLETION OF THE WORK AUTHORIZED) ~ N? 13443 Z Permission is hereby granted to: ......~.~....~,~.~. ............................................. · ~/~ .................. .~....~...~ .................. ~o...~-~.....~......~~..~.....~....~~ ....... ~ .......... · .~.~...~.~.~.,~ ~0.._ ~,.~., ~ ~ ....... ~.~.....~ .~f.~..~' , .................................................... ~ounl7 Tcx Map No. 1000 Section ........ ..~.....~ ........ Block ........ ..~ .......... Lot No ......) .................. pursuant Building Inspector. '~'" '~ B~ull~ng Inspector Rev. 6/30/80 March 4, 1998 To Whom it may concern, With this letter, I authorize Susan E. Young of 215 West 88th Street, New York, New York to act as my agent in filing an appeal and represent my general interests before the Southold board of appeals, including attending any necessary public hearing. Miss Young is working with Mr. Tom Shillo of Z&S Contracting Inc., Box 202, Fishers Island New York. The purpose of the appeal is to obtain a permit for the alteration of a cottage on my property. Miss Young in cooperation with Mr. Shillo, also has my permission to obtain on my behalf any other state or local permits necessary to begin construction. Yours Truly March 4, 1998 To Whom it may concern, The structure that I would like to remodel, has been in continuous use as an accessory sleeping and bath quarters, on busy weekends or as needed, ever since I have owned this property. Yours Truly, FORM NO. 3 TOWN OF SOui~OLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL P.Q..Bq.~.~Q~ .............................. F%~EE_!~k~9~__NY___Q~99 ................ PLEASE TAKE NOTICE that your application dated July 9th for permit to ak~K .~ .~K(~(%g.~q~g~ .~ .~RRk(~ .(qK .......................... at Location of Property ..q~...~ ~R~.~d ............... ~q~.%~ ............ House No. Street Hamlet CountY'Tax Map No. ]000 - Section ....0~. ....... BLOCK ...04. ....... LOT OI Subdivision ............................... Piled Map No .......... Lot No ........ is returned herewith and disapproved om the following grounds Ip. ~T_{~9_ District or restored~%....., g~;3~gg.X~. ~y..19.(k. ~]. ~.... 6~5~p. ~g~u~$gg. b~. &ha. Za~3nn ~a.~c~ a.% ............ .A~AL~-. .................................................................................. RV 1/80 FOR,~I~. O. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. ZlfS~il ...... Date .......... ;... ~)¢t;oDeIL 17", 19..72 THIS CERTIFIES that the building located at .l:~iva.te .Ro~d ............ Street Map No. F.,';. ,E s-tate~Block No.. 12 ....... Lot No. '3 · ' Fishers- .t sland · · N. Jf. ..... conforms substantially to the e ' reme t C ~-- fa ! el ~ . · ~r. tific~te .of occupancy ~t. before 19. ~.7- pursuant to wh~ch~-~o. Z~86T ' ~ .... Ap~f!' 23' ~ ...... ' dated .......... October...%?, 19..~2, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . ~i~.t¢ 'ere '~':ua~ky' !we',~g ....................................... The certificate is issued to .. Martha' 'B ;' R-obLna~n- ..... ~,~rne~ ................... (owner, lessee or tenant) of the aforesaid building· Suffolk County Department of Health Approval ..... Rr~-..e;:is.~ng ................ UNDERWRITERS CERTIFICATE No .... pre-- .exi~.~Ir.g ............................... HOUSE NUMBER.. 'NO~ ...... Street ..... l~r'lva-'l~e · road,} · no -lilacs. ................... Exception: two private accessory buildings in front yard area~(non-conforming use) Building Inspector BLDG. DEPT. TOWN OF SOUTHI~)~ Examined ................ , 19... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT [OWN HALL SOUTHOLD, N.Y. 1197] TEL.: 765-1802 Approved ................. 19... Permit No ............ Disapproved' a/c....~.....~.(.d'.~. ...... .~.~?..~Z~.~..~ · · · ARU OF HEALTH ......... SETS OF PLANS ......... SURVEY .................. ClIECK ......... HAIL TO: (Buildiug Inspector) APPLICATION FOR BUILDING' PERMIT INSTRUCTIONS Date .., .W.~. .......... a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public sfi-eets or areas, and giving a detailed description of layout of property must be drawn on the diagram Which is part of this appli- cation. . c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will i~sued a Building Permit to the applicaflt. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS ItEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, -Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. Z&S Contracting Inc. (Signature of applicant, or name, if a corporation) Box 202, Fishers Island,NY 06390 (Mailing address of applicant) State wl~ether applicant is owner, lessee, agent, architect, engineer, general conhactor, electrician, plumber or builder. ............ 9.o.n.e.r..a .1 C.o..n.t.r act or ' Nameofownerofpremises Mr. & Mrs. Donald H. McAllister (as on the tax roll or latest deed) If aP~ is ~ corporation, signature of duly ~uthorized officer. · ... ~-/?qt4A~r .d/.,-,<~.~-f~-Kt44 Prestdent Plumber's License No. 554-P Electrician's License No. 824-E Other Trade's License No....2.3.8.--;~.R ............ 1. Location ofland on which proposed work will be done. EasL Eno' I~(:r-d Fisbors Island, NY Ilouse Number Street Hamlet County Tax Map No. I000 Section .... '..!~ .......... Block ..../7(. ' Lot .... ./ .............. Subdivision ........ ............................ '. Filed Map No. · .: ............ Lot (Name) ............... 2: State existing use and occupancy of premises and intended use and occupancy of proposed constructioni a. Existing use and occupancy .s..:j-pg.l. 9 f.amily cottage ' - b. Intended use and occupancy same . 3. Nature of work (check which applicable). New Bui/ding .......... Addition .... ~ ...... Alteration i ...~c.:, Repair Removal · · Demolition .... : ....', ~: ~/J3~r4Vork~ ,' ! ~ , { ! (D~scril0tion) 4. Estimated Cost $10,000.00 ....... Fee ........ i ........ ~.~.v..-...~ ....... ; ...... 5. If dwelling, number of dwelling units i ( o I~.e..INg{I oit fihng th~.a i~non) ............... Number o-f dweriing units on each floor .... . If garage, number of cars ............... ' ............ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..... ' ................ 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ....................... ' ...... Dimensions of shine structure with alterations or additions: Front .......................... ............. Rear.. . Depth .... ' .................. He g ~t ......... ........... Number of Stories ............. . ........ 8. Dimensions of entire new construction: Front .............. : Rear ............... Depth .............. Height ............... Number of Stories ............... 9. Size of lot: Front ......... ~ ....... Rear .......................................... 10. Date of Purchase ...................... Depth .......... 11. ' ................... ' ......... Name of Former Owner ............................. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be regraded ................................ ............................ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises Nmne of Architect ........... ' ........ Address ................... Phone No ................ Name of Contractor ........................... Address ................... Phone No ................ .......................... Address ................... Phone No ................ 15. I~ this property within 300 feet of a tidal wetland? *Yes ........ No..~ ..... · 'If yes, Southold Town Trustees Permit may be required. · -. PLOT DIAGRAM Locate clearly and distinctly all buildings, Whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. qTATE OF~NEW ~ORI~.. S.S / ... · being dui, (Name of individual signi.4g contract) ........ ~bove nan]ed. sworn, depose9 and says that he is the applicant te is the Contractor (Contractor, agent, cor~porate officer, etc.) ............ ,f said owner or owners, and ii duly authorized to perform or have performed the said work and to make and file this pplication; that all statements contained in this application are true to tile best of his knowledge and belief; and that the cork will be performed in the manner sql~rth in the application filed therewith. worn to bef r his ~'3 Net~l*¥ Ig~bll~ I~tl~,~ ol ~ow Yerk ...... ~ No, d~e~,o ............. ' · · · · · · · · 'O TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. i SUB. ~ORMEROWNER , , E ACR./ ~: ~:~, s~s. VL. ~M COMM. C~. M,SC. ~W,., ; ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Value Per Value ~ Tillable 1 Tillable 3 /'6GL~- c( Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH - ~. ,~.' BULKHEAD Total DOC K M. Bldg. Extension Porch Breezeway Total COLOR TRIM I I I 14~1 I I J~l Ie · '~ JllI.Jl~- - ii Il ll I"L_J~I I I I I , I I I I I,l, il I t I I II1,,I I I 1~1~|1 I I I I iIll I~,~11 I Iohfft~l" Ill I I J I I' '-~. ~ III I I 114-l'-J-I--I-I-Il I,~1 I I JIJI I I J J J I I I I, I...i[ I i i I I I ',11 I1~ I~ I I,b J I I ~1 I I I / 1/I L~!~-~!'""q.!l ,~1 Illll I.~.:Jl II"P III...[ I J / I Itl V'-Td_.L I~':"l"q'/,J,:J., Ii,,'l~l..l~g'l-I IIII I III J/il Illlllllllllll,/llllll I Foundation Basement Walls Fire Place Roof reotion Room Driveway Bath Dinette Floors K. Interior Finish .~//-I ~- ~ Heat DR. Rooms 1st Floo: Rooms 2nd Floo, BR. FIN. B. · McAIlister House Looking Soutk~west From the Lawn (T~e su~ect accessory buildin~ is t~'/e struct~r'e wit~! ~;kle f!at roof oH t~ie right) McAllister House Looking Northeast Prom the Road (T~e su~ect accessor~ building is t~e struct*are witk~ t¼e flat roof on ~k~e left) McAllister House Looking Nort~west From tk~e Roae~ (The s~bject accessory buildir~6 is the struct~re with the flat roof on the left) McAIlister House Looking North:west Fron< t~e Road roof on LT¼e s~b]ect mccesso ¥ bulld~t~ is the struct[~re with tlqe flat ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk March 12, 1998 ZONING APPEAL APPL. NO. 4555 - DONALD H. MCALLISTER Transmitted herewith is ZONING APPEAL APPL. NO. 4555 - DONALD H. MCALLISTER together with a covering letter from Susan E. Young dated March 2, 1998, the Notice of Disapproval from the Building Department, the Application for Building Department, drawings, Town of Southold Property Record Card, Certificate of Occupancy, 4 photos, the Zoning Board of Appeals' Questionnaire, the Short Assessment Form, the Applicant Transactional Disclosure Form, a copy of the Building Permit and a Property Map. Elizabeth A. Neville Southold Town Clerk BOARD OF APPEALS:TOWN OF SOUTHOLD --t~t~w_____m __-------------------------------------- - X In the Matter of the Application of AFFIDAVIT OF MAILING AND POSTING (Name of Applicants) COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~u$~ D.h'ou~ , residing at Z%~ We~: ~'~ New York, bein~ duly sworn, depose and say that: 1) On the ~$¥ day of ~p.;I , 199~ , I personally mailed, by certified mail~ return receipt requested~ a true copy of the attached Legal Notice, addressed to each of the following named persona at the addresses set opposite their respective names, th.t the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were m-Hed at the United States Post Office to each name below certified return receipt requested (attach post office receipts here): Name of Surrounding Property Owner Mailing Address Sworn to before me this Notar7 Public) 2) On the day of 199, I personally posted the subject property identified as District 1000, Section ~-~-I , Block ~7_ , Lot ~ , by pls~ing the Town's offjnlal poster ten (10) feet, or closer, from the property line facing the street or fa-~ng the right-of-way, and that I have checked to be sure the poster has rem-~ned in Dlace for seven full days prior to the subject hearing date, which is 199 . ~( signet ~/~/ure~ MAR~RA I~[~R No,ap/PulPit, 81ate ol New Yed~ No. 41-4982~8 **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 ~NG § 58-1 Chnpter 58 NOTICE OF PUBLIC HF_,ARIbIG §58-1. Providln g notice of public hear/rigs. [HISTORY: Adopted by the Town Board of the Tow~, of Southold 12-27-1995 as L.L. No. 25-1995. Amen~lments noted where applicable.] § 58-1. Providl-gnotice 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 ~x a time and place for a public hearing thereon. The bo~rd 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 erec/: the sign provided by the tow-n, which shah be prominently displayed on the premises facing each public or private street which the properD' 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 shah 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 § 58-1 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 data of the initial public hearing on the application and addressed Lo 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. SENDER: · Complete items 1 and/or 2 for additional services · Complete items 3, 4a, and 4b. · Pdnt your name and address on the reverse of this form so that we can return this card to you · Attach this form to the front of the mailpiece, or on the back if space does not permit. · Wdte "Return Receipt Requested'on the mailpiece below the article number · The Return Receipt will show to whom the adicle was delivered and the date delivered. · I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address 2. [] Restricted Delivery Consult postmaster for fee. 3. A~ticle Addressed to: 4a. Article Number ~, ~1~,~ ~,,*l~ ~ f~ APR Express ail U Insured ~n Receipt for Merchandise ~ COD 5, R~eived By: (Print Name) ~ ~ss~'s Address (Only it requested and ~e ~ pai~ ign re: ~ gen~ PS ~ 38~, Decem[er 1994 ,o259s-os-e-0~9 Domestic Return Receipt SENDER: · Complete items 1 and/or 2 for additional services. · Complete items 3.4a. and 4b · Print your name and address on the reverse of this form so that we can return this card to you. · Attach this form to the front of the mailpiece, or on the back if space does not permit. , · Write "Return Receipt Requested" on the mailpiece below the article number. · The Return Receipt will show to whom the article was delivered and the date delivered. I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address ._o 2. [] Restricted Delivery Consult postmaster for fee. o 3. Article Addressed to: ~ t~,~ 5. Received By: (Print Name) ~, ~' ' ~December 199~ 4a. Article Number 4b. Service Type [] Registered ~ Certified [] Express Mail [] Insured [] Return Rece~pt~rMerchandise [] COD Date of I~'v~ (Only if requested e is paid) Domestic Return Receipt US Postal Sewice Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Ioternabxml Mall US Postal Sen~ice Receipt for Certified Mail No Insurance Coverage Provided. Oo no~ use for Iotema~ Mail US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemab3~al IQail Z 039 696 989 US Po~it;d Sewice Receipt for Certified Mail No Insurance Goverage Prov~ed. Do not use for Inter~ Idall Z 039 696 987 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Iotema~,noal Mail NOTICE OF HEARING 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 APPEALS, at the Southold Town Hall, York 11971, on THURSDAY, APRIL 16, as soon thereafter as possible): SOUTHOLD TOWN BOARD OF 53095 Main Road, Southold, New 1998 at the time noted below (or 7:10 p.m. Appl. No. 4555 - DONALD H. McALLISTER. Location of Property: Private right-of-way off the north side of East End Road, Fishers Island, NY; County Parcel #1000-4-4-1. This is a request for a Variance based upon the Building Inspector's August 27, 1997 Notice of Disapproval, disapproving an application for a permit to alter an existing cottage on the following grounds: "...In an R-I20 District, a non-conforming building with a non-conforming use shall not be enlarged, reconstructed or structurally altered unless the use of such building is changed to a conforming use, Article XXIV, Section 100-243A .... " The Board of Appeals will at said time and place hoar any and all persons or roprosentatives 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 Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: March 23, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowals~ BOARD OF APPEALS /~ t ':,' THURSDAY, '' ' 0 R/L 16, 1998 '~TI~E IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the fol- lowing applications Will be held- for public hear£ngs by the- SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Rca& Southold. New York 11971, on THURSDAY, APRIL 16 199g it the time noted be ow (or as soon thereafier as possible): 6:30 p.m. ~2artyover Hearing: AppL No. 4550- RUTH MILLER· Location of Pronerty: ~dian Neck l~oad, Peconic. 1000-86-7-2.2. - 6:35 pan, AppL No. 4539- FRANK LICARL Location of Property: Lot #30, Map of Ce- dar Beach Park, 485 Orchard Lane, SouthoM.This is a request for a Waiver under Article Il. Section 100-26, based upon the Building Inspector's September 22, 1997 Notice of Disapproval inch states....under Article II. Section [00-25A. SCTM Lot #1000-89-2-7 and Lot 89-2-6 have merged sincelhe noncon- forming lots have been held in common ownexship at some time after July 1, 1983_. under Sec- tion 100-25E, no building permit can be issued by the Town until this section has been complied with...' 6:40 p.~i Appl, No.'~54- D. LAVEGLIA. Location of Pro~- ~Soundview Road· Mattituck; Parcel 1000-94-2-3. This is a request for a Variance based upon the~.fo!lowingAwo Building Inspector s Notices of Disappro-Cal regfirding.an appli- cation for a'permitto add deck and railing on amacceesory building; (a) disapproved February 24, 1998 under Arti61e 'III, Section 100-33A bec~/u~e "...accessory building wilt exceed maximum allowable height old8 feet_.." and · (b) disapproyed Mm'ch 6, 1998 under Article III, Section 100-33B.3 because"../accessory. building on IOts-~ontaining be- tween 39,999-79.999 sq. ti. re- quire such building be set back no less than 10 feet.from any lot bu:,a~_uJl~n~ P~. - g.t°sucia MATTITUC~ ~RF~%TE~..~ ~t~f~[e~uo~ to~ Prove,y: 12605 :Main~Road, _ emnot~u~ior.- Ma~imck pphc~t s proposed recon- g1000-141-4-32.1. Zone Dis- ~c~ ~,~ ac?ssow {~c- ~ct: HB Hmlet Business:This being duly sworn, says that tsrequesmd~&rSection 100- ~u~[9~qY~ca°~5~ n Coordinator oftheTRAV- upon mo uumn ms ec~ors 242B(1), b~d upon ~e Build-. · ~- ~ g . P . · in. lns~e ...... m p ~. ;;~h 13; 1998 Nouce ofD~s- , a pubhc newspa er pr nted 1997NotmeofDis~nroval~d ppm al~dma ~mvm a~dd-3 k Count ' and that th ' · ~ In e ' Y, O DO- ex,sting nonconfo=~a setback -.~ p =n Ep~caCun~r = ~. , . . ~.,;~ ~ Uluontoex~stingcn~h forme mnexeo s a r nted co ....... n. ~.-' . .... · P PY, 7'1 tOllOw~gremom ~ U~r~-. · ' . 0 p.m. AppL No. 4555- tiqo ~*' °oo*XZ;~ ~= ~ m smd Traveler Watchman DONALD H MoALLIRTF~ ~ ...... v, o ...... ~vv~o, ........... non-confo~ing bu~g ~ a' r Location o'f'Prope~: Phvate fight-of-way off~a no~ side of Oon-confo~ing m~o~ E~t End Road, Fishem Is~d, enl~ged, recons~~ .................................. weoks ~; Co~ P~cel g100044- rurally altered. No~: ~ non-, confo~mg use og~in~ .~ l. This is a request for a V~- ~Zpnew~cgm~( cng on rn~ .................... ~ce based upon the Building pe~med; ~e non,conf~g. l~pecto?s Aunt 27, 1997 N~ tice of Disapproval, disapprov2 cuild~g pemi~'Io ~ge~g ~'3 .......... ~ ................. , ~ u ....... ~ro~t yard setba~tb~Rt;'25 lng an apphcation for a pe~it which is l~s ~ ~ [~~ .................... to ~ter ~ exh~g co,ge on ~e 15 fee~" following groundsz" [nan g ' · ' ' -'.'-' - :50 p.m. Ap 1. ~O. 45~4: 120 D~s~tct a non-confommg MARTIN ROS~. Cent buildingwi~anon:confo~ing ~ · ..... <} mct~ useshaHnotbeenl~eed-r~, ', venge% stmcted or st~t~ly'~ ' ~;} ~ocation: of Prdpeny¢ unless ~e use of such building t ~ ~ou ~ound Avenue, M~ NY; Coun~ P~cel ~100~1.41; .................................... ,1 9 ....... ~s changed to a confo~mg use, 3-44. This rs a request for V~-' Article XXIV. Section 100- ~ces b~ed upon ~e Buil~g 243A" 7:25 p.m. Appl. No.' 4558- nspectoEs Feb~:18, 1998~ ~END~5~. Lo~- Notice of Disapproval,. disap- .. proving a building ~it~ppIi, ~: ~ ~""~'",.: ............................. non oI~: 3060 P~k Ay- cation to cons~:a;t0w~r5 y FUDIIC enue, Mattitack, ~: County, mlecommunicatio~e},~6r~,}~ follFwing re~omF?z,,~4:~;~:BAR~ ~ 8CHN[I DER ) the proposcd~l~uJ~ PUBIC, State 0f ~ew York Parcel #1000-I23-8-19~ This is a request for a Variance based upon the,Building Inspector's February 27, 1998 Notice of,' Disapproval, disapproving.",..an application for a permit to con7 street a rear deck acldition~-hfi existhag sidgle-farfiil~; dwelling on the following grout/ali. "'~ ion- der Article XXIff, S'ectioh'~l'~0~. 239~4B, pro. posed construci/6o~t 49~- feet will be within of an exist~g buikhead...i... 7:30 p.n~. Appl. No. 455O- CHRISTOPHER PLIACON~S. Location of Property: 345 Snug Harbor Road. Gi'~enport; 1000- 35-6-7. This is, a,Varian,ce re. quest bas, ed upon'the Building Inspector s JanugrY'30;,199~ ~o- rice of DisalSprbval lng a building permif for a p~o~ posed accessory swimming pool swucmre in the rear yard area, fo~: the following reasons: ".£Und~' Article IllA;-Sectioff 100-30A.3 of the Bulk and P~king Sched- nications tower being located on No, 4806846 a non-conforming lot in an LI ,lifted in Suffolk County t District is_not permitted accord-: ~missian lng tO Section 100-165B; 2) the . ,p~rop.'o~d tower being the prin- ~ fi'oon't.~:~,~, tba~k cipai use on the lot is required to .have a rear'yard setback of 70 feet pursuant to Art. ,XIV 100- 142; 3) the proposed.tower i~re-_ · quired to be located at least one- 'i ,; 1998';f6r a ne~gl~ hfindrcd ~ 10O)' feet from the near.' family dwellidg-~,vith~'~-'' · est dwelhn~ Unit pursuant to Ar- ered porch'ns applied'for) --:--- title- X¥i S-ecQon 100- 8:45p.m. RESOLUTION:To 162C. 3~" a~ls: p.m. .ROBERT KAS SNER~. ,i~9~ ~at. jOh ~of p.roperty: 145 Tee~e bouthold;' 11300-87-2-32. Thais a request fora Variance b~.~$~ upon the Building Inspe~.~,~ March 17, 1998 Notice of Dis~; approva, disapproving a build- ing'p~i'mit apiclieation: f~f:a llYxl6' shed for the following reason: proposed accessotyshed, close remaining (written) portion of record in the ~o$~&ppl. No. 4068 EI2EA~OR SIEVERNICH line. Staircase of 3 fii+- will now ule in the,R,,40 Zone: Proposed being locatedon a nola-confonn-, be within 9+- feet of the rear lot construction will exceed the al ing lot ui an R40 Zone L5 reqUire, d. line .... - owable 20~o lot coverage. The l~l. Ab?. l~ocated in the rear yard,'ArL' -' 6:45 p.m.'Appl:'No. 4556- lot area is 1'2,780+;"sq~ ft.; fit IA,:bection. 100-30A.4 further THOMAS KEAN. Location of 20% the aBowable area would be referred to Art. IlL t00-337 Property: East End Road, Fish- 2,556 s§ff~e feet· Present eeo- ..8:20 pan.: AppL No.:-4540- ~ erage with d~elling and deck is MEI~ISSA- SPIRO AND OTH. ers Island, NY; County Parcel ID 2,553 sq. fi~ Swimming pool, a~ ERS' LocatiOn 1000-4.3-1 o. This is a request for aVariancehase~l, llllontheBuild- prop.osed, iS568 sq. Ft., bringing ~ . _ Ojrroperty: · ts enwooa Koau and 295 East ing Inspector's'November.10, t°tah°tc°verageat3'121'3q;'a°d Ro~a Cutcho .... moa ~ a I~97 Notice of Disapproval, or approximately 24.4+Chef-" 5'w,, ~ ~. .... · cent" :, ~ '~. , anu ~ ~.z ~ont~nuation of He~r, lltllled~_$m.t~$: "...application for .... "~' lng heldFebmary 23~ 1998 '7:35 p.m. APPl. No. 4560-- is a Waiver ro,,-~;o* ,~,~. .ROBERT AND ANN SHANK ..... - , e,~r,.s, tih~r the L c tic ' ~ ~;: mergerlaw, ArUcle II o a n~.or'~'roperty: ~zo- ,~^ .,~.,. ,Section Fisherman,-, Beach -Road. tuu-~?xor 1000-I 0-6-5. which apermit to consm~ctaddition to afl. existing non~confprming guest cottag~is, disal3prbved on the ~ll0wi~g~'bands: Ah exist- lng building with a non-confonn- lng use shall not be enlarged, tered, extended, reconstructed. or restored..., pursuant to Article XXIV, Section 100-241A..." 6:55 p.m. Appl. No. 4557- DOROTHY THOET. Location of Property: 380 Peconic Bay Boulevard Laurel iq/Y; County Parcel #1000-145-2-3 This is a request for an Interpretation un- der Article XXIV, Section 100- 242A which reads as 'follows: ~'Nothing in this Article shall be ~eemed to prevent the' remodel- m~g,~reconstmedon or enlarge- ment of fi'n~hcfhfdrming build- ing containing a conformmg use, ~rovided that such action doe§ mt create any new nonconfor- Cutchogue. :1900-111-1-19.t. consists of a~pprox, one-halfi This is a request, for a Variance ac~. based upon~ the Building . ,L~.87~2_5_p~m. Appl. No. 4563- Ins ector's March 1 ....... ~' NANCYREEVE Location o · P . v, l~"~; NO-" ,ce 9f Disapproval, disagproi~. ~°al~e.r~M:a~0~,5o5t. ~n~n/~' ~M~=m. e~ola~ ing a buildifig oennit ilar h-n oa dition t0 existi%~ ~11/~ f&~ , This is a r .~uest [? continue con. followin~-~Lq_.~,~.~t~-o,,,.h~ structiot[m the as built" Inca n. le-fama: dwening under ~ ' ' uildin Permit 24629Z u approx, 3 0 ' ' o rdinary:~i~wa't~: 2~/3798, ~gand Varian'ge bashts~g .R-.40 Zone will exceed the~} ahw~'able lot coverage 4~- .~. appr;ox~ 790 sq. ft. Exis}i~g~:;~' square.i. Oomge of 1287 with ad, ',ig5 ~?ns..uuct a ne~ dition:;-198'Lso, fit Pursoant~to z~awen?.g,for.tbe ,fo[I_6wini~ · "--' sons'una~rArti Art..XXIV, 106-244B. 2) ~ , .... ;q .~-., {:IoXXI'~ 100- posen construction encroa~~d ~ ?'*n,'gben.~n-c0hforming~tot~, ~: 2Cna; ' ~ ~v a bp luer sf~°ent tY ~o d~. , ~nrn~:st ~ .og&°nUon~qlamfie~ ~e33m ~ mum requtreme~t_of~0 feet for OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-9064 fax. March 27, 1998 Re: 7.BA Application /(~: ///]C~ Hearing Date: Thursday, April 16, 1998 Dear ~~m: For your records, please find enclosed a copy of the Leg'al 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 ilm~i]~ retulql receipt requested, to the all surrounding property owners. Please include your name and telephone number with the nmilings. 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 impreved 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 frent 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 retuzmed at the hearing. Page 2 - Instruction Meeting of April 16, 1998 Southold Town Board of Appeals If you have questions, please feel free to call. Very truly yours, Enclosures AS400/lnag. 98/appl. in Linda Kow~dski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing 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 May 6, 1998 Susan E. Young, Architect 215 West 88th Street New York, NY 10024 Re: Appl. No. 4555 - Variance (MeAllister) Dear Mrs. Young: 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 August 15, 1997 Notice of Disapproval. You may wish to contact their office directly at 765-1802 regarding the "open" applieation for a building permit, which must be issued before commencing construction activities. Very truly yours, Enclosure (1) cc: Building Department, Attn: Ed Forrester Original Filed with Town Clerk*s Office 5/5 $OUNO