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Home My WebLink About4557r APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: April 30, 1998 Appl. No. 4557 - Dorothy Thoet Parcel ID: 1000-145-2-3 Street and Locality: 380 Great Peconic Bay Boulevard, Laurel Date of Public Hearing: April 16, 1998 The Applicant, Dorothy Thoet, has requested an Interpretation of Section 100-242 of the Code of the Town of Southold, sub -section (A) , to authorize the reconstruction of an existing accessory building in the same footprint with a nonconforming setback and conforming use. WHEREAS, after due notice, a public hearing was held by the Board of Appeals on April 16, 1998 to consider this application; and WHEREAS, at said public hearing, all those that desired to be heard were heard and their testimony recorded, and WHEREAS, Board Members have considered all testimony and information submitted concerning this application, and WHEREAS, the following section of the Code is pertinent to the applicant's request: Section 100-242A of the Zoning Code reads as follows: ...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 of nonconformance with regard to the regulations pertaining to such buildings.... NOW, THEREFORE, on motion by Member Dinizio, seconded by Chairman Goehringer, BE IT RESOLVED, that the Board of Appeals finds that the context of Section 100-242A is clearly reconstruction of an existing building by a property owner in the same footprint, and BE IT FURTHER RESOLVED, that the Board hereby REVERSES the decision of the building inspector and agrees with the applicant, Page 2 - Appl. No. 4557 Re: 1000-145-2-3 (T hoet) Southold Town Board of Appeals after reliance upon the following circumstances relative to this project: 1. The subject accessory building is proposed to be maintained as a reconstructed building in the identical footprint of the existing accessory "bath -house" building. This is voluntary reconstruction (as opposed to damage such as those which may be caused by Acts of God). 2. The subject footprint is shown on the June 22, 1984 survey prepared by Young & Young, L.S. at the most southwesterly corner of the premises with a nonconforming setback at approximately 10.5 feet from the southerly bulkhead and at approximately three feet from the westerly bulkhead and/or property line; 3. The dimensions of this building are provided on the June 22, 1984 survey to be of a size 7.5+- ft. x 19.5+- ft., and when reconstructed the footprint will be identical. 4. The accessory building as presently used is incidental to the main dwelling, and after reconstruction, the same accessory use will continue. 5. The accessory building was constructed in about 1939. 6. The building is unheated, seasonally used as an accessory building, and will contain electric and water when reconstructed. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING, AND COLLINS. This Resolution was duly adopted (5-0). /Approved ARD P. GOEHRINGE CHAIRMAN for Filing 5/2/98 isECFIVED AND FIS -D BY l LD TG, CL A5400/txt1k/acticna.a11/145-2-3 T'r`lE ,:i- ' DRTE 51�1'79 HOUR 3l Town Clerk, Town of So o'1 M__ LEGAL NOTICE res SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 16, 1998 NOTICE IS HEREBY 'GIVEN, pursuant to Section 267of 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); 6_55 P.M. Appl. No. 4557 - DOROTHY THOET. Location of Property: 380 Peconic Bay Boulevard, Laurel, NY; County Parcel #1000-145-2-3. This is a request for an Interpretation under Article XXIV, Section 100-242A which reads as follows:: "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 of nonconformance with regard to the regulations pertaining to such buildings...." Action is requested for an Interpretation to confirm that a variance is not required for the 'applicant's proposed reconstruction of an accessory structure. In the alternative, a variance is requested under Section 100-242B(1), based upon the Building Inspector's November 26, 1997 Notice of Disapproval and an existing nonconforming setback location. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the end of each hearing. The hearing will not start earlier than designated. The file FORM NO. 3 a TOWN OF SOUTHOLD BUILDING DEPARTMENT q TOWN CLERK'S OFFICE• I� �U SOUTIIOLD, N.Y. - -� i J NOV 2 60 NO'T'ICE OF DISAPPROVAL Date November- 24,.1997...... 19.:... To .GQSiBI o Ma;ine•Crontracting AJC Thoet . PO Boa 2124 <. GreenRort; NY: 71944 ..... PLEASE TAKE NOTICE that your application dated ;September_ 29, • , ; , • • , .. _ .. 19 for permit to reconstruct ;aq ;raistag _accessory building approa. 10 from existing bulkhead Location of Property ....38Q . .OKAgt Peconic _Bay Blvd.• • _ • _ _ . , _ . Laurel House No. Sheet Hamlet County Tax Map No. 1000 Section ..145. , Block 02....... Lot 03 Subdivision ..... Filed Map No. .............. Lot No, ., ........... - - - • • is returned Herewith and disapproved on the following grounds tfie• proposed •non—habitable : non— conformin accessory building approximately 10'S 3' from the bulkhead in an R 40 .1........11....... ...— ................... zone shall not be rebuilt unless such building is made substantially to conform ........ ........................... ...................... — .1— .... to the height and pard requirements of the bulk schedule; Pursuant to Article . . . .,.. %%IV 100-242B. Action required by Zoning Board of Appeals. . .......................... ._._......._. .... .. ...... ..... ..... .....-•............. ......` u iding inspector I, PV 1/80 12,04/1997 08:51 FROM Coo^,,ello Marine TO 7274/,40 P.02iO4 `u0hK0 OF''11EALTO ....... FonMNo. f 3 SETS OF PLANS ........ TOWN OF SOUTHOLD SV1tVEy ...... . . .......... , BUILDING DEPAnTMENT CHECK ..... ... , . , TOWN14ALL SEPTIC FORtt .............. SOUTHOLD. N.Y. 11971 TEL.: 765.1002 Exa[�jirjcJ ......... . .. ... °ArproveJ ............ .19 ... Permit No........... . C.P;yDisapproved a/c . . 17'w3Jf • ....kl 1. %y1.... . . .(........... 110TI FY , CA:LI, ................. HAIL TO. . . . . . . . . . . . . . . I . , a . . (iluilding Inspector)_ APPLICATION FOR BUiLDING PERMIT Ila i/a7........14`l.7 INSTRUCTIONSII a.. This application tnust be completely filled to by typewriter or in ink and submitted to (lie Building inspector, with 3 ets of plans, accurate plot plan to scale. Tee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets Iareas, and giving a detailed description of layout of property must be drawn on the diagram which Is hart of this appli- �tton, . e.: The work covered by this application may not be connnenced before issuance of Building permit. d.Upon approval of tills application, the Building inspector will Issued a Building Permit to the applicant. Such permit hali be kept on'Ilia premises available for Inspection throughout lite work. e.' No building shall be occupied or used in whole or in pert for any purpose whatever until a Certificate of Occupancy !`jail have been granted by tits Building Inspector. e: - 'APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Tilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or teguietions, for the construction' or buildings, additions or alterations; or for removal of demolition, as herein described. ge applicant agrees to comply with all applicable laws. ordinances, building code, housing code, and regulations, and to init authorized Inspectors oil premises and in building for necessary Inpectfons. ` Co�SfELLD MAiRfNtE CdnfTRcT[N�ron) . �•c.•.aa�C..�.ta.�,. �.Rl��>`E�o.�T.t. N..y..119.�� (Mailingddressorappiicant ,,t, 6�OK6E �, CoStE4tar �& ri to whether Carp�pl7i'c1ant is,ownepr,�hesseepagent, architect, engineer, general confractOr, eleciticiatl, plumber or builder. .......................................................... !atfne.orowner ofprennisesC.li.y.... . If. pin.T.................................._........... (as on the tax roil or latest deed) �appiicantcorporation, signature of duly authorized orricer. (Name ldtitle of corporate officer) GEOR61_ D , COST' i.O S r�+lz`ITS •I; builder's License No. ............. . € Pivurief's License No. ^'J .. .......... . Electrician's Lleense No . ...................... Other Trade's License No . ..................... ;t oeation Orland 01, which proposed work wilt be done. ... • ........................ ............... . Iouse,Nwnber Street r Ila 1 Hier ounty Tax Map No. 1000 Section ... f YCT • • Mock ............. Lot .. .. . lbdivision ......... l {�t9.. _....j . ...... .............. riled Map No. ... Af/A Lot .. it ,4 ........ (NamcL ale existing use and occupancy of premises and intended Ilse talid occupancy or proposed construction: Existing use and occupancy ....13AAT. A.AQ.US!~.1 „�.F C. . •�}{ZV ' ; 1 -1'se ;ttZ Intended use and occupancyTp� t}�TX-P% r. }HF 12iO4/1997 08:52 FROM Cosft%`sllo Marine TO 72741,",,. P. 03,04 Xtj SAME FOOT -It R I tA'r Nature or work (Check whicl, al)PUcable). New Building ....... Addition .......... Alteration ............ Repair ......... 4 - - Removal .............. Demolition ................ Other WojkACCFS.501t.y. AL%, 4 (Description) EstimatedCost ........ ...................... Fee A5 ................................ (to be paid an riling this ap) 41callon) if dwelling, number of dwelling units ..... Number of dwelling units on each floor. &.1.4 .......... Irgarage. numberof cars .............................. if business, commercial or mixed occup s nature and extent or tacit I PC of list ... ;i/ri.4 �4 b,truensions of existing structures, If any; Front ..... 140 (tear....... Depth :S ........ Height ............... Number of Stories 0 N F ............. ................ Vitnetudons of snipe structure with alterations or additions; Front ...... Ar.t.•.......... Rear ............. Depljl ....................... height ........... Number of stories .............. / ....... .,P.imensions of entire new construction- Front........ Rear ......... Depth 7�,5 ......... iWit ................ Nurnper of Stories ....................... : ............. Size. of lot: Front ...... I.W. . +: ....... Rear .... I ve. nth k ',patib ,o(Purchase 3ZNJ4ERLVE.. , 1-5.1 ...... Nalne of r-onl;,er,,0W''n*er KJVLags 5 ................ lone orvse district lit which premises are'Mnated .... R.ES. L D.F_ N Tj A L . W ATARE RO H T .............. bcies;vtqpostd constructioll violate DCRQ an rolling law, ordinance or regulation: ......1u0........ ..... I ...... 1,1091 lot -be regraded ............ A.. Will excess fill be removed from premises: Yes No j4"I otowner or premises W T-UD_r—_1_.Address .4_AuRF_1,.,.W. y_ I'llone jinin' cifArrhitect .541 R W . Address Q.XF,1514 PWRT .... Phone No. 4 IS! 11 , am of . Address C N P.0 r --r .... Phone f4o. Is th35 pr�perty Within 300 feet of a tidal wetland? *yes-. 0 X ... No......... °*If yes; Southold Town Trustees Perntit may be required. A TrhC ff EEb PLOT DIAGRAM clearly Shd distinctly all buildings, whether existing or proposed, 211d.indiCatC all set -back dimensions from arty lilies. Give street and block number or 4escriptio'i accordhig to deed, and show street names slid Indicate whether w6ior% Corner lot. -A ?IAN15 ATT _KEZ 5vRVE� ATTAC A E D F NEW YORK 017..ZIuFP-.O.0.,, S'S Sb (Name of individual slatting contract) I 5'9 ....... being duly sworn, deposes and says that fie is the applicaill ............... (Contractor, agent, orporate officer, etc.) er or owners, and is duly authorized to perform i or have performed file said work and to snake and 171c this that all statements contained in this application are true to (fie best of his knowledge and belief; slid that the performed In the lit anher set forth in I fie application flied [herewith. r2,`..`...day of ..........� U. F. Fj? ....... county SUSAN V. ONG 0o,- ,31121y? (,.�.*' BUILDING INSPE ® � APPEAL NO. e a, APPEAL FROM DECISION( M DATE :....3 TO THE ZONING BOARD OF APPEALS, TOWN OF�SOUTHOLD9 N. Y. 1 ( Doroth,> Thoet b .nc ea �i ) Bay..rToule ... ....... Boulevard Name of Appellant Street and Number Laurel, Town of SoutholdHEREBY APPEAL TO ..- ................................................................................NY......................... Municipality State' THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON !` APPLICATION FOR PERM)T" DATED ..... `.R . WHEREBY THE BUILDING INSPECTOR DENIED TO Costello Marine Contracting as agenjE- of Dorothln ... ............................................... Thoet Nome of Applicant for permit Of P. O. Box 2124, Greenport, NY _.. ......... .................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY {X) Building PermitLaureT ` 1. LOCATION OF THE PROPERTY 380 Peconic Bag Bou evarc f Street /Harriet / Use Distritt on Zoning Mop .' District 1000 Section145 8lock02 Lot 03 Dorothy Thoet .........Current Owner Mop No Lot No. Prior Owner Fhlers/Thoet 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 Section 3. TYPE OF APPEAL Appeal is mode herewith for (please cheek appropriate box) f ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Laws Art, 16 Sec. 280A Subsection 3 (X) Interpretation that 100-242A permit reconstruction of bath house' d. PREVIOUS APPEAL A previous appeal (hi'fsf`--(has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such oppeol was ( ) request for o special permit ( ) request for o voaionce andwas mode in Appeal No.................................Doted....... ................... ..:...................... ................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the.Zoning Ordinance (x) Interpretation of 100-242A is requested for the reason that Mr. Gary Fish, Building Inspector, has denied a building permit to reconstruct an existing bath house. Form. zst (Continue on other side) i Do not use these standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: lvb 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; �Jt e, -e< ✓�-vta.,i,� is j�..-�,X�J 3. The amount of relief requested is riot substantial BECAUSE Cf art VN�,z ,I Iu.�Z 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE GV& QV (C ✓kC ) t. iS /C 5. Has the alleged difficulty been self-created? ( ) Yes. (X) No. 6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) 'P COUNY OF SUFFOLK) / (Applicant} Agent must attach written consent from owner. n� pG Sworn. to before me this /a day of Nf aI-c-A, 19 tary +++z+++#++++t r+++++ LINDA F.KOWALSKI t x t l k / f o rm . va r / t emp NotaryPublic, Stele of Newyork Na 62.4624771 Qualified in Suffolk County Commission Expires Nov. 30, 19 tl 'TOWN OF SOUTHC'� ` PROPERTY RECORD CARD 2 OWNER STREET b VILLAGE DIST. SUB. LOT P _ FORMER OW16R N E ACR. S 7 D W TYPE OF BUILDING RES. � SEAS, VL. —FARM COMM. CB. y MISC. Mkt. Value -- LAND IMP.: TOTAL DATE REMARKS d 00 GO fG j AGE BUILDING CONDITION —_ NEW NORMALBLOW, ABOVE FARM. Acre Value k?er a. /acF� A/alue Tillable 1 Tillable 2 -- Tillable ,$ '7 77� Woodland _ Swampland �� FRONTAGE ON WATER Brusliland FRONTAGE ON ROAD House Plot DEPTH i L 6 j BULKHEAD Total DOCK -- n ` t COLOR r � i �� , .L.1.✓/' ], �, I , yj ,.: _ — _ — _ .-„cwt"” , _ — — —_ TRIM _ - - 7 - - '�, M Bldg Ll-�� % Foundation t trt ¢ r Bath Dinette - - Extension (, .Y (] Basement Ft/ - Floors 1< Extension- - (� F7 Ext. Walls_ (fJd ) �,-- Interior Finish Sf- LR, Extension v, t� / U 0 1? Fire Place �(% Heat ((�� 4,4,;. DR --_ ------ Type Roof ^- ,- Rooms 1st Floor _ BR. --- - Porch -- Recreation Room Rooms 2nd Floor FIN. B. - Porch.---- Dormer / '��.•�' � ___ -_ ._�__ �_�__� Breezeway Driveway Garage I la n r I l' X rD::•,?a Z T — --- Patio l tr �r o. B. /� .. ---f�hti�.k_--- Total q �O 6�l3 ." V� E' 2D N 3�� 3 3 PG „+ r forme�e�o N 5056 now th P Ehs \ N 10°00 E s5 e $ N , ` E�j1b ° Z i9 a0 I 160 D � N�0,3gll" 0 � O CTi � y m z o m 2- .-7 O \ m N a o •p �� . csl_=—i\ HOUSE N O O •� \ •_• cb m —.. rea fo�'3�aE z 8uAre shad "A \ ,.. _,. O � \of x_00 80 ► a92 e __ . 0Ac:S- 5 aDa IIV� . O 0 Dy,. tzi '0 N'CD SURVEY FOR yc DOROTHY THOET JUNE 22, 1004 AT LAUREL DATE ✓UNE 18, 1984 TOWN OF - SOUTHOLD SCALE: 1"= 40' SUFFOLK COUNTY, NEW YORK NO. 84-565 NOTE: *UNAUTHORIZED ALTERATION OR ADDITION TO THIS A 0 = MONUMENT Q =STAKE SURVEY IS A VIOLATION Of SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. 2.. SUFFOLK COUNTY TAX MAP; *COPIES OF THIS SURVEY NOT BEARING THE LAND y'(E OF Nein D1ST 1000 SECT ISL 2 LOi. •3 SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY.FIS H, 0.1. *GUARANTEES INDICATED HEREON SHALL RUN ONLY TO Ak THE PERSON FOR WHOM THE SURVEY IS PREPARED, O G ^. AND ON HIS BEHALF TO. THE TITLE COMPANY,GOVERN- Kf T a�. -"S'' Z MENTAL AGENCY AND LENDING INSTITUTION LISTED j•* 4. HEREON AND TO THE ASSIGNEES OF THE LENDING , INSTITUTION GUARANTEES ARE NOT TRANSFERABLE i TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT _ OWNERS * DISTANCES SHOWN HEREON FROM PROPERTY LINES M TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINE SOR FOR THE ERECTION OF FENCES.srG � & ND SUB YOUNGYOUNG a YOUNG 40ERHEAD,NEW YORK E YOUNG V V RiVERHEAD, NEW YORK ALDEN W. YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR:N.Y.S.LK:ENSE NO.12845. - HOWARD W. YOUNG, LAND SURVEYOR UVO I Ir VMC* Mn AMIGA 'i'UC�-Ib� OSANE RCCESSd►y g�j�Rf.CID(IS 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: �I�Tt�Y DET DATE OF PUBLIC HEARING: 1111PS. A—(91L . � e Pn� If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (516) 765-1809 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD May 4, 1998 FAX TRANSMISSION to 727-4130 Richard Ehlers, Esq. P.O„ Box 387 Riverhead, NY 11901 Re: Appl. No. 4557 - Dorothy Thoet (Interpretation) Dear Mr. Ehlers: 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 November 24, 1997 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, da Kowalski ti Enclosure ( Copy of ZBA Decision) cc: Building Department, Attn: Ed Forrester Original Filed with Town Clerk's Office 5/4 0 MEMORANDUM TO: GREG YAKABOSKI, ESQ. FROM: JERRY GOEHRINGER, ZBA CHAIRMAN DATE: APRIL 30, 1998 —SUBJECT: ZBA WRITTEN INTERPRETATIONS Would you please provide your opinion as to when a ZBA Interpretation is town -wide, and whether or not a similar Interpretation could or could not be rendered under the Application of Thoet ( copies attached) ? Thank you. 12/04/1997 08:53 FROM re -=cello Marine TO 72'"'30 P.04/04 8 - o- - \ 3q5 �y1G 3 d 0 formerefs o `` N ,Oo�E: o� or P Eh $ .10°38 Z�beth z j9 40 60 �oa� E N. o TL N o_ 0 o_ o GAP., y t� w� z Cb 0 .I• o O� T HpdSE. N O to ad Of Its . Ln a q �• 0 0J 5�a°g� °' 0 LAW OFFICES EHLERS & EHLERS 456 GRIFFING AVENUE P. O. BOX 387 RIVERHEAD, N.Y. 11901 (516) 369-1155 RICHARD A. EHLERS ALIX THORNTON EHLERS Mrs. Linda Kowalski Town of Southold Zoning Board of Appeals Main Road Southold, NY 11971 KAREN HEPPNER, SECRETARY March 13 , 19'9.81- �L� Re: Appiication of i,noet Dear Linda: Please accept this request that you amend the above referenced application to include a variance in the alternative from the 500 requirement of Section 100-242B (1) should the board determine that this section is applicable to the reconstruction of the existing non -conforming structure. Thank you for your courtesy and cooperation. Si erely, RICHARD A. EHLERS RAE/kh fY.. RICHARD A. EHLERS ALIX THORNTON EHLERS LAW OFFICES EHLERS & EHLERS 456 GRIFFING AVENUE . P.O. BOX 387 RIVERHEAD, N.Y. 11901 (516) 369.1155 Honorable Jean Cochran Supervisor, Town of Southold 53095 Main Road Southold, NY 11971 Dear Supervisor Cochran: KAREN HEPPNER, SECRETARY December 18, 1997 Please accept this letter on behalf of Dorothy Thoet and Elizabeth Ehlers who are seeking a building permit to reconstruct a bath house at their residence in Laurel. Fairwether Brown, architects, have prepared design drawings suitable for a building permit. A New York State Department of Environmental Conservation permit has been issued. After public hearing, the Town of Southold Trustees have granted their approval. Costello Marine has been engaged to complete the work. The work proposed involves the reconstruction of a non- conforming structure which houses a conforming use. The reconstruction of such a structure is permitted by Section 100-242A of the Southold Town Code. The existing bath house was constructed by Wick Gildersleeve for my grandfather after the hurricane of 1938. It has been maintained and used as a bath house since that time. Attached please find copies of correspondence from the Building Department. I have met with Mr. Fish who believes that Section 100-242B of the Code prohibits the reconstruction of non- conforming structures. This reading of the Southold Town Code eliminates the clear intent of Section 100-242A to permit the reconstruction of non -conforming structures despite the "Nothing in this Article. . . " language of Section 100-242A. Please accept this request to review the matter and cause the issuance of the building permit. Thank you for your courtesy and cooperation in this matter. RAE/kh Sin erely, RICHARD A. EHLERS • APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Richard A. Ehlers, Esq. Ehlers & Ehlers P.O. Box 387 Riverhead, NY 11901 �O��gOFF01�cOG C= y� CA Z Oy BOARD OF APPEALS TOWN OF SOUTHOLD March 11, 1998 Re: Request for Interpretation under 100-242A Dear. Mr. Ehlers: C Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 We are in receipt of the papers submitted under the above request. The fee for an Interpretation is $200 (it involves the same procedures as other applications) . The application must, however, be signed, and since you are not addressing the standards for a variance, are we correct in our understanding that you are not asking for a variance as an alternative in the event the Interpretation is not in your favor? We would need to know for sure for advertising and processing purposes. Upon receipt of the fee and signature, the application will be assigned, filed and processed. Thank you. Very truly yours, Linda Kowalski Enclosure cc: G. Goehringer, Chairman c D P D ATC /ra-��Z��, rte_ ,� �-° LAW OFFICES EHLERS & EHLERS 456 GRIFFING AVENUE P.O. BOX 387 RIVERHEAD, N.Y. 11901 (516) 369-1155 %a7 f/ 3t) RICHARD A. EHLERS ALIX THORNTON EHLERS Mrs. Linda Kowalski Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: Application of Dorothy Thoet Dear Linda: KAREN HEPPNER, SECRETARY NAR I, 11998 !1 i �j U) Enclosed please find Questionnaire for Filing ZBA Application, Appeal form, and Applicant Transactional Disclosure Form. I have not filled out the area variance paperwork as I believe this is inapplicable. Please advise the necessary fee for this and I will remit it to you immediately. Also, attached please find my letter to Supervisor Cochran which explains in greater detail the reason for this interpretation. Thank you for your courtesy and cooperation. Sincerely, RICHARD A. RAE/ kh Enc. EHLERS (1-516) 765-1809 tel. OFFICE OF . BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-9064 fax. March 27, 1998 Re: ZBA Application Hearing Date: Thursday, April 16, 199 Dear 5 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: Page 2 - Instruction IL x Meeting of April 16, lyyo Southold Town Board of Appeals If you have questions, please feel free to call. Very truly yours, Linda Kowalsid Enclosures AS400/1nag.98/app1.1n ::`.locatic 7 rb.. y aavaaaaaaasywGf.r+' `. _. _ : •—✓:: yv.. at'such pgse3 construction`-encr`oac tt . theeilis bngfd _ •,,,, baelc�, �' ur 'to:E� '� .. o .��th� ......�..._....require me" YOLK E RK ss: being duly sworn, says that n Coordinator, of the TRAV- a public newspaper printed Ik County; and that the.no- nnexed is a printed copy, in said Traveler Watchman r ..................................... weeks fencing on the .................... ................................. .19....... O this ........................... day of ................................. .19....... .ary Public EARA A SCHNEIDER PUBLIC, State of New York No. 4806846 ified in Suffolk iCounZY 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 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1800 TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: March 12, 1998 RE: ZONING APPEAL APPL. NO. 4557 - DOROTHY THOET Transmitted herewith is ZONING APPEAL APPL NO. 4557 - DOROTHY THOET together with a letter from Richard A. Ehlers dated December 18, 1997, the Notice of Disapproval from the Building Department, a letter from Costello Marine Contracting Corp. dated December 1, 1997, the Zoning Board of Appeals' Questionnaire, the Application for Building Permit, some pages from the Zoning. Code, a covering letter to Jean Cochran dated December 18, 1997 from Richard A. Ehlers, a copy of the survey map and the Applicant Transactional Disclosure Form. Elizabeth A. Neville Southold Town Clerk '12/01/1997 10:28 FROM Costello Marine TO 7274130 P.02i06 : % • :.00STELLO MARINE CONTRACTING CORPORATION. DOCK BUILDING - JETTIES • BULKHEADING • STEEL & WOOD PILING • FLOATS 423 FIFTH STREET, P.O. SOX 2124 - GREENPORT, NEW YORK 11944 - (516) 477-11991477-13931477-0682 December 1, 1997 Ms. Carolyn Thoet 135 Weyford Terrace Garden City, NY 11530 Re: 380 Peconic Bay -Blvd. Southold Town Building Permit Dear Ms. Thoet: The Building Department assured me that your permit was processed and I would receive it within a week. Reviewing my mail today, I found a denial rather than the permit. I am enclosing a copy of the denial as well as a copy of the Code of the Town of Southold, Article XXIV 100-242B that they refer to. Please note at the bottom of the page, this section was added to the code June 1, 1997. It appears that a variance is required from the Zoning Board of Appeals to rebuild the boathouse in its present location. Apparently, the new building will have to be constructed in conformance with current height and yard -requirements. George Costello and I have discussed this !natter and he will be calling you in a day or two to discuss the next course of action. Very truly y urs, Susan E. Long Permit Manager f Enc. 12/6,3/1997 10:29 FROM Costello Marine TO i2'e41SU. § 100-241 ZONING § 100-242 G. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. § 100-242. Nonconforming buildings with conforming uses. OA- 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 of nonconformance with regard to the regulations pertaining to such buildings. B Reconstruction of a damaged building. (1) A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule -10 (2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection (bove be fled within one (1) year date such los for damage and shall be accompanied by p reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one (1) year 10 Editors Note: The Bulk sebcdule. is included at the end aphis ehayter. 10143 6-1-97 N.U4/Ub l •12za3/1997 10130 FROM Costello Marine TO 7274130 § 100-242 SOUTHOLD CODE § 100-244 thereafter unless reconstruction in accordance with the approved plans has been initiated. § 100-243. Nonconforming buildings with nonconforming uses. A , A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. § 100-244. Nonconforming lots. [Amended 11-28-1995 by L.L. No. 23-19951 A This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under § 100-24, are nonconforming and have not merged pursuant to § 100-25. B. [Amended 3-4-1997 by L.L. No. 5-1997] Such lot shall be required to meet the following: Area yard (square Lot Front Side Both Sides Rear feet) coverage (feet) (feet) (feet) (feet) 200,000 to 5170 60 130 60 100 399,999 120,000 to 10%.. 60 30 60 85 199,999 80-000 to 20% 60 20 45 75 119,999 10144 P. 05/06 12/03/1997 10:31 FROM Costello Marine TO 7274130 P. 06/06 § 100-244 ZON 14G 5loo-9K0 Yard ArO3Fmnt Side Both Sides near(square Lot feet) codorw (feet) (feet) (feet) (feet) tiU.000 to 20% ss 20 4b 75 T4 999 40,000 to 20%bU 20 40 0 59,999 20.000 to 20 ao 1A 35 50 39,999 3s leas than 2"D 35 10 85 20,U0O 100-245• Itepairs and maintenance. NotwithStanding any Uf tl►c foregoing regulations, nothing in this ArUule shall be deemed to prevent no rm on Mne issuanCe e and repair of any building or the carrying of a building pts:,nit of major struct»ral alterations or dtuiolitiona necessary in the interest of public saftsty. 100-246. Involtmtary moves. Sections 100-241A and 8 and § 100-24:3A herein are not in6t:11ded to apply to invnluntary movements Uf uses or ;.tructures a; a result of cond1cuination actions or other litigation. ARTICLE MCV Site plan Approval jA.dded 1-10-1989 by L.L. No. 1-2989; smQndecl 5-23.19sJ by L -L- No. 9-19891 § 100-250. Applicability - This Article shall apply to every land use that is perinALtn1 in the Town of Southold except the single-fw,'AY home use on a single and separate lot as bet fortll in Article III, § 100-31A(1). 10145 R_t-97 rnroi P.ArlAr § 100-239.2 ZONING § 100-239.4 subject to such conditions as may be prescribed by the Town Board. C. Exemptions. This section shall not be deemed to apply to the temporary or seasonal camp of any unit of the Boy Scouts of America or the Girl Scouts of America or other such organizations under the leadership provided by said organizations, respectively. § 100-239.3. (Reserved)10 § 100-239.4. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-19891 Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. [Amended 11-24-1992 by L.L. No. 20-1992] (1) All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank. (2) Except as otherwise provided in Subsection A(1) hereof, all buildings located' on lots adjacent to sounds shall be set back not less than one hundred (100) feet from the ordinary high-water mark of said sound. (3) Buildings which are proposed landward of existing principal dwellings shall be exempt from the 10 Editor's Note: Former $ 100-239.3, Berme, wa® deleted 11.24.1992 by L.L. No. 24.1992. 10139 2-25-95 , § 100-239.4 SOUTHOLD CODE § 100-239.5 requirements set forth in Subsection A(1) and A(2) hereof. [Added 6-15-1993 by L.L. No. 5-19931 B. All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. The following exceptions will apply: (1) Buildings which are proposed landward of existing buildings. (2) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter' 97 of the Code of the Town of Southold. (3) Docks, wharves, pilings, boardwalks, stairs, promenades, walkways and piers, which are accessory and separate from existing buildings or accessory structures. C. [Amended 6-15-1993 by L.L. No. 5.1993] All buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply: (1) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. § 100-239.5. Lighting restrictions. [Added 12-27-1994 by L.L. No. 30-19941 This section is adopted pursuant to the town's police power. This section prohibits excessive light and glare by any use, restricts lighting in the middle of the night and sets a maximum height for lights to minimize the potential for glare. 10140 2-25-95 FES 25 '9E 15:20 SOUTHOLD TOWN ACCOUNTING P.4i7 • 4 QUESTT_CNPIAI:ZE FCR FIMIG WITH YOUR Z.B.A. APPLI C=►TION • t; A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be ,attached.} Dorothy Thoet Ri ht -o -way---- o n Ehlers, is and Ehlers and Elizabeth Ehlers B. Is the subject premises listed on the real estate market tar sale or being shp,^m to prospective buyers? ( ) _Yes ( X) No. I= yes, please ar#aah crpy of "conditin- of sale-) C. Are there aag In- posals to change tot alter 1aM3 c;.n�;.•,�? ( ) Yes {X} No D. 1. Are there any areas which contain wetland grasses? Md Z. Are the wetland areas shown on the map submittad with this application? fib•• 3. Is the property bulkheaded between the wetlands area and the upland buildi:g area? Nb 4. If your property contains wetlands or pond areas, have YOU contacted the Office of the Town Trustees for its determination of jurisdiction? `ry%sA T1s 01.77r, 7^15 E. Is there a depression or sloping elevation near the area of Proposed construction at or below five feet above mean sea level? 3YJ (If not applicable, state "N.A.,,) s F. Are there any patios, concrete barriers, bulkheacs or fen=s which exist and are not shown as -t-,-le survey map that vcu are submitting? If none e.-,ist, please state "acre." G. Do you have any construction taking place at this time concerning your premises? c" If yes, please suh:^'_t . a ccpy Of your building permit and map as approved by the Build.-!..ngDepartment. if none, please state. H. Do you or any co-owner also own other land close to th-s Parcel? ff# of deeds.` If yes, please explain where or sutnit copies I. Please list present use or operations conducted at this parcel Hbv-,A- Proposed use a and ALtzor Zed signacu=e ala Daze FEB 25 '98 15:21 SOUTHOLD TOWN ACCOUNTING The Town of interest on 1 purpose of t] alert the toy it to take w2 YOUR NAME: APPLICANT TRANSACTIONAL MSCI.OSURB FORK uthold's Code of Ethics prohibits conflicts o e_par6 of Loth Officers and employees. The a form is to provide information which can of possible conflicts ofinterest and allow tever action is necessary to -avoid same. P. 5/7 [i.asc 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 Change of zone Approval of plat Exemption from plat or official map Other --- (If "Other," name tile'activity.) Do you personally (or through Your company, spouree, sibling, Parent, or child) have a relationship vitt► any officer or employes of the Town of Southold? `Relationsliip" includes by blood, marriage, or business interest. onusineso interest■ means a businens, including a partnership, ill which the town officer or employee•lras even a partial ownership of (or employment by) a corporation ill vli.fclt the town officer or employee owns more than 5% of tine shares. YES No If you answered OYES," complete the balance of bilis form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the spare 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 offi cer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION Or RELATIONSUIP . i Submitted titin day o °199 Signature Print name Richard A. Ehlers, as attorney' ronM No. i TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 'sxatttitted .. ..... ...... 19 . . 1pproved ................. 19 ... Permit N�o............. Asapproveda/c .. : l I sa ....................................................... iloArn of itEALTiI ........ :; 3 SETS of PL.VIS ......... • SU'ItVEY.... _ . _ ........... . J• CIIECK................... SEPTIC I aim . ............ . HOT I F'1 ; CALL ............... tIAIL TO: ......_...........;. I ...........................'..... (fluilding Inspector) ..APPLICATION FOR BUILDING PERMIT Date .......�% ....... 197 INSTRUCTIONS a. This application Inust be completely filled in by typewriter or in Ink and submitted to the Building Inspector, with 3 :ts of plans, accurate plot plan td scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets r areas, and giving a detailed description of.layout of property Must be drawn on tite diagram which is part of tills appli- Alon: 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 issued a Building Permit to the applicant. Such permit tall 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 call have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for lite issuance of a Building Permit pursuant to the itIlding -Zone Ordinance of the Town of Southold, Suffolk County, New xork, and other applicable Laws, Ordinances or egulations, for tite construction of buildings, additions or alterations, or for removal or demolition, as herein described. Ire applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to lmit authorized Inspectors ort premises and in building for necessary in pections. C (SSgnat rbor a plicant, or name, if a corpporation) MARINE CWQTRA•CT►N4:� P. (3... ..a(a.�y ..�.RFFNPORT,..N.y..1.19.�� (Mailing address of applicant (flGDi;6E 'b, CoSCEkLat s� lz. tate whether applicant is owneri lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ..... ilk G.>~N- T� . C_ O.N.T. RA -C: TOR............................................................. . ante of owner of ptemises ..O.R�.T..y....�[�. i+Q.� � ................. . .......................... . (as ort tite tqx roll or latest deed) applicant is a corporation, signature of duly authorized officer. . .... (Nance td title of corporate officer) C.EOCt(�E b I COSTEL.l.17 t 5R. • S FC R�T,4Ry � Tiz,El�S� �EP� Builder's License No. Plumber's License No. ..... jAj/ ....... • ..... . Electrician's License No . ...................... Other Trade's License No . ..................... Location of land on which proposed work will be done Ilouse Number Street Ilar..��...1.f4�.g tiIlet County Tax Map No. 1000 Section .... ........ Block .. c� ............. Lot .,............... . Subdivision ......... 81,A. (N ............... .Filed Map No. ame) 6 State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .... BA.A:�...i:��.US .,g.�t .;�; ..�;} lJ�`�•' � ''"F`�'!`' b: Intended use and occupancy . f'`Il5 ..c- AWi ii .•... T.O. . A r, • R Eq�wsx. R.Qr-,�: Fool P K I NT �- 7.5- /A . %G FveCcNsTRUCT SN SAMEF00TtR1MT . Nature of work (check which applicable): New Building ....... Addition .......... Alteration .... , • .... . Repair ......... , ..:. Removal .............. . . ... .. llerttolitlott ............. Other Work ACC t=.5$c?}?,�_ BfDC (Description) Estimated Cost ..... ... Fee•. ............................ . (to be paid on filing this ap )lication) If dwelling, number of dwelling units ...... , �. .... Number of dwelling units on each floor A ...... ,'.. . if garage, number of cars ...:...... ,�/% , • , If business, corninercial or mixed ocettpat cy, specify nature and extent of each type of use ... Diinensions of existing structures, if any: Front ... ,1 .(� , , , , , , , Rear ....4 t/v........ Depth Height ............... Number of Stories :. 0..M. DIrttensions of sarne structure with alta rations or additions: Front �.;: , Rear .. r Depth ....... ' ....... lieigltt ........ .......... . . Number o� Stories . DitttensIons of entire hew construction: Front .....�.�C • • •� ' ' ' ' ' ' Height .............. .... .. Rear .. ./fin......... Depth ..7rS. ....... Nunt¢er of Stories .......... . SIze of. lot: Front ......./.D4.. �; Rear .... lam :t :...............:.......... ^ ......... . Date o.'f Purchase zNH� 2 tTE • .• • • .• '�.Depth , , 1� S.. ............ • • • • 1 `j.5.1...... Nance of Fortner Owner ...F—J4r' Zotie .or use district It, Which premises are situated .... R•E.S.I.D.�tYTI Ar I- , .1,� AT.�R.i= R.4nt-T- .............. Does -proposed construction violate an zoning law, ordinance or regulation: • Will lot be regraded g • • • • • l�/O...................... . • • • •N •.• , ..... ,.,•..... Will excess fill be removed front premises: Yes No Nance of Owner of. premises DkRt . �:� D:t*: j:', Address . 4-AU.R i; L, .1. N.� ... Phone No�A IP-) Name of Architect. .F�41 R U! T+} �gDWN , Address .� Ir,ITL pa K T: .... Phone No... Name of Contractor �O 5T.44-1 .�'(A- R.1lye, , Address G KEF-.Crt`i PfAlT, , . Phone No. Is this property within 300 feet of a tidal wetland? *yes.. *If yesi Southold Town Trustees Permit may be required- -T No....,.,,. PLOT DIAGRAM C 1-} E_b Locate clearly and distinctly all buildings,, whether existing or proposed, and. Indicate all set -back dimensions from )erty lines. Give street and block number or description according to deed, and show street Maines and indicate whether rior or corner lot. PRa3-.EcT ' PLANS ATTAc�f ED Cop ,a 5VRVE� ArTCNCb�E.D ['I- OF NC1V YORK NTY OF ..:5M F �0.0F,-•. . S.S C'b;sTE.41,Q1.�.'..... (Name of individual signing contract) halned. being duly sworn, deposes and says that he Is tite applicant tile ...... .-... ..- �.�-rr-�. i^11-itL,'.T�iP r:�r.6i�,.. c�.C.IC.1Z ..,:....:.::—.:..... (Contractor, agent, orporate officer, etc.) d owner or owners, and is duly authorized to perform or have performed the said work and to make add file this ation; that all statements contained in this application are true to the best of lits knowledge and belief; and that the will be perforated in the manner set forth ill rite application filed therewith. I to before tae this V Public . .............SU F,4)(-,. ..... County SUSAN E. WNQ ... . Notary Public, State of New York ' ' • • • • • • No.011-049613343 (Signature of applicant) Qualified In Suffolk County Commission Expires November 6,18-V BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of Dorothy Thoet (Name of Applicants) ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) -. AFFIDAVIT OF MAILING AND POSTING I, Richard A. EhleTscesiding at 2026 Main Road, Laurel, NY 11948' New York, being duly sworn, depose and say that: Re:, #2 KarenT YepEner r sidin at 260 Riverside'Drive, Riverhead, NY, beangg (au Oy twor�irid da o of .d it ys 199 8 I ersonall mailed I) On the L y p , personally , by. certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each name below certified mail, return receipt requested (attach post office receipts here) : Name of Surrounding Property Owner Mailing Address Richard A. Ehlers, P. 0. Box 488, Laurel, NY 11948 John C. Ehlers 170 Pen' 1 John C. Diller, 162 Charleston Park Nashville TN 37205 Elizabeth S. Teter, R. 0. Box 517 Laurel NY 11948 Frank and John McNulty, 95 Peconic Bay, Boulevar, Laurel, NY 11948 and, **R. Ehlers ----Z) On the 2nd day of April199,4 I personally posted the subject property identified as District 1000, Section 145 , Block . 2 , Lot 3 , 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 f days P r to he subject hearing date, which is 4 / 16 1998. Sw9rn to before me .this (signature) day of 1990- 4Kren CHARD A. EHLE S Notary Pu he T. Hepp ' FLORENCE K. GAJESKI **Please return to the office of the Board of Appeals wjgWR rycp��ofNewYork 65 (Town Hall hours are 8 - 4 p.m.) Thank you. Quatified in Suffolk County Commission Expires August 31,192- § 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 reviewing an application shall provide for the giving of notices A. By causing a notice giving the time,,. date, place, and nature of the hearing to be published in. the official newspaper within the period prescribed by law.. B: By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set. back not more than ten (10) feet from the property line. The sign 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 date of the initial public hearing on the application and addressed to the owners at the addresses. listed for them on the local assessment roll. The applicant be agent shall 1, Me an affidavit that stile has complied with' this provision.