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Home My WebLink About4545E 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 REGULAR MEETING OF FEBRUARY 26, 1998 Appl. No. 4545 - RONALD YEDLOUTSCHNIG 1000-70-3-17 STREET & LOCALITY: 250 Jernick Lane, Southold. DATE OF PUBLIC HEARING: February 26, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: The above -identified property is located on the southerly side of Jernick Lane, Southold. This property contains a total area of 20,586 sq. ft. and is located in the R-40 Residential Zone District. The survey map submitted under this application shows that the subject premises is improved with an one-story frame dwelling with attached garage and the subject wooden deck at the rear. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 29, 1998, which reads as follows: "...under Article XXIV, Section 100-244B for non -conforming lots, the 'as built' deck addition will have a rear yard setback at 2716" +-. Lot areas of 20,000 to 39,000 sq. ft. require a rear yard setback of 50 feet. The existing dwelling has a present non -conforming setback of 42 ft. +-. Action required by the Board of Appeals...." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for approval of an "as built" deck, 14.6 ft. by 12.3 ft. in size. The dwelling setback is shown on the February 25, 1983 survey map prepared by R. VanTuyl, P.C. to be 42 feet from the rear lot line. The "as built" deck is 2618" from the rear property line according to a statement of February 23, 1998 from J. Metzger, P.C. relating to his survey map prepared November 27, 1997. Page 2 - Meeting of February 26, 1998 Appl. #4545 R. Yedloutschnig (1000-70-3-17) Southold Town Board of Appeals REASONS FOR BOARD ACTION, DESCRIBED BELOW: The subject deck has been in place since at least 1983, and possibly much longer; the house was built in approximately 1972. The size and appearance of the deck are not inconsistent with the neighborhood features, and continued existence of the deck poses no threat to the character of the neighborhood. The substandard rear setback of the house (42 feet) largely reflects the shape of the lot, which was created in 1969. In the context of the lot's shape, there is no method feasible and available to the applicant for achieving the benefit of a deck other than through an area variance. The Board finds that the requested variance is not substantial, will not have an adverse effect on physical or environmental conditions in the neighborhood or district, and is the minimum necessary and adequate to attain the benefit sought while also preserving and protecting the neighborhood character and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for, SUBJECT to the CONDITION that the deck shall remain open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS and HORNING. 7resol n as y adopted __,.,L GERARD P. GOE ING R, CH MAN Approved for Filing AS400/Actions.all/ 70-3-17 yT T / 1 i k LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, ',FEBRUARY 26, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Tovan 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, FEBRUARY 26, 1998 at the time noted below (or as soon thereafter as possible) 6:35 p.m. Appy. No. 4545 - RONALD J. YEDLUOTSCHNIG. Request for Variance regarding "as built" (existing) location of open deck addition for which an application for a building permit was disapproved by the building inspector on January 29, 1998 and which Disapproval reads as follows: "...under Article XXIV, Section 100-244B for non -conforming lots, the 'as ,built' deck addition will have a rear yard setback at 2716" + Lot areas of 20,000 to 39,000 sq. ft. require a rear yard setback of 50 feet. The existing dwell has a present non -conforming setback of 42 ft. + Action required by the Board of Appeals...." Location of Property: 250 Jerniek Lane, Southold. County Parcel ID 1000-70-3-17. Lot size: 20,586 sf. 6:40 p.m. Appl. No. 4546 HERBERT SCANNELL and SARAH REETZ. Request for Variance based upon the February 2, 1998 Building Page'- Legal Notice Meeting of February 26; 1998 Southold Town Board of Appeals inspector's Notice of Disapproval (and Stop Work Order) regarding pending Building Permit No. 244712 and reconstruction and replacement of single-family dwelling with nonconforming setbacks, Article XXIV, Section 100-242 (ref. setbacks under Section 100-244B) of the Zoning Code. Location of Property: 955 Cove Circle, Greenport; CTM #1000-49-1-16 and 17 (as one lot). Lot size: .69 of an acre_ 6:45 p -m. Appy. No. 4538 - MICHAEL RAND. Bequest for Variances based upon the December 29, 1997 Notice of Disapproval regarding a building permit application to construct a three -car accessory garage, which reads as follows: ":..Under Article IIIA, Section 100-30A.4 accessory buildings are to be located in the required rear yard. Since SGTM #1000-14-2-10 and #1000-14-2-11 also known as Petty- Bight Subdivision Lots 12 and 13 have been merged as per owner's request, the proposed three -car accessory garage with storage above is located in the side yard of the principal dwelling. Location of Property: 1275 Bight Road, Orient; County Parcel ID 1000-14-2-10 and 11. Lot size: 85,115 sf. 6:55 p.m. Appi.No. 4541 RUTH LEONARD. Request for a Waiver under Article II, Section 100-26 based upon the Building Inspector's January 7, 1998 Notice of Disapproval which reacts as follows "...Both parcels being located in an R40 Zone: Tax Map #1000-78-07-38 and 1000-78-97-39 are merged. -These parcels do not meet with the exceptions as specified under Article 11 100-25C--- See attached Page - Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals determination by Town Attorney...." 755 and 79.5 Cedar Drive, Southold, NY. 7:00 p.m. Appi. No. 4540 - MELISSA SPIRO.Request for a Waiver under Article II, Section 100-26 based- upon the building Inspector's January 6, '1998 Notice of Disapproval which reads as follows: "...Both parcels being located in an R4,0 Zone, Tax Map Numbers 1000-110-06-05 and 1000-110-06-11.2 are merged. These parcels do not meet with the exceptions as specified under Article 11, 100-25C... Note: See attached determination by Town Attorney which- states that lots are not excepted ...." Location of Property: 340 Glenwood Road and 295 East Road, Cutchogue. CTM Lot 11.2 of 40,000 sf. has a 1979 approval under Board of Appeals #2554 (Moebious Asssociates Minor Subdivision) . 7:05 p.m. Appl. No. 4543 --ALICE KONTOKOSTA. Request for a Variance based upon the Building Inspector's December 24, 1997 Notice of Disapproval which states that "...application dated November 17, 1997 for a permit to replace an existing dwelling is disapproved on the following grounds: the existing nonconforming building containing a nonconforming use if damaged by fire or other causes to the extent of more than fifty percent (500) of its fair value shall not be repaired or rebuilt unless such building is made substantialy to conform to the height and yard requirements of the bulk schedule, Article =V, Section 100-242E-1. (Ref. all setbacks under 100-244 and 100-239.4A). Page - Legal Notice Meeting of February :26,'1998 Southold Town Board of Appeals Location of Property: 54155 C.R. 48, Greenport, NY; Parcel ID #1000-52-1-2. 7:15 p.m. Appl. No. 4537 - REQUEST BY SOUTHOLD TOWN ` BUILDING DEPARTMENT dated January 6, 1998 for "Generic Town -Wide Interpretation" with the following questions: "Is a sculpture a "building" under the Code Definitions at Section 100-13, since a sculpture : does not have a roof and will not be intended for shelter, business, housing or enclosing persons. Also is a sculpture excepted under Section 100-230 under "Exemptions," or do the height limitations of Section 100-33 apply...?" 7:40 p.m. Appl. No. 4466 - HAY HARBOR CLUB, Fishers Island, continued hearing at request of applicant's attorney. 8:10 P.M. Appl. No. 4535'- WILLIAM and PATRICIA MOORE as contract vendees. Request for Special Exception under Article IX, Section 100-71B(2) for principal offices (professional and business) at 51020 Main Road, Southold, NY; 1000-70-2-8. Zone District: Residential -Office. 8:15 P.M. Appl. No. 4536 - INDEPENDENTGROUP HOME LIVING PROGRAM, INC. (Verbatim portion was concluded on 1122198. Proposed Resolution to close the written portion of this record. 51550 Main Road, Southold, NY; 1000-61-3-1. Page - LegalNotice Meeting of February 26, 1998 Southold Town Board of Appeals The Board of Appeals ' will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the hearing ends. The hearing will not start earlier than designated. The file is available for review during Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 755-1809. i Dated: February 10, 1898. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman x FORM NO. 3 � •�• - TOWN OF SOUTHOLD: BUILDING DEPARTMENT SOUTHOLD, N_3. NOTICE OF DISAPPROVAL. DAZE. January.-2.8-,-.1-9.9.8 To Paul Caminiti fisq..A/C_$edloutschnig- P 0 Box 845 .................................. ..................... Southold NY 11977 i, PLEASE TAKE NOTICE that your application dated 9.,...:.. _ 1998 ... for permit to . "as-built"_ deck, addition_ for; a_ at Location of Property ... 2?4...... ,__Jernick Lane. ---------Sop' ------: Southold-__:_ House No. Street Hamlet County Tax Map 'To. 1000 - Section..70.......... MOCK 3------- LOT 17 Subdivision ............ ................. Filed. Map No. ..... .... Lot No. is returned herewith and disapproved on. the following grounds .Sndez ATIJO %$j9-___,.___;_ it � Section -100-244. -for _non-eonformiog; lgts� _ the. as. bra lr. deck, AdAixlm -.ilk_ have... ..... . a rear yard set hack of 27' S"+ . Lot areas of 20,000_ to; 39 99A. st1: _ ft.. rrs}ui=P .. _ .. - . a rear yard,set.back of; 50 feet. The existing dveil gg h8s.a_presggt_7�p —cpp .......... ...forming setback.of_42.ft._#.or.-.-.-Actiongg .reired_by_the_7o inB:................... Board of Appeals. .... ........................ � . ... _._....._....._..._.-.... 1 ......./.J_ ... ............ BUILDING INSPECT RV 1./BO u IS 11 V 15 BOARD QP 119AL'PN _ FORM NO. 1 0 " 3�,ETS OP PLANS . "`,,,✓ TOWN OF SOUTROLD S�VEY .. _ . ' kiUI BUILDING DEPARTMENT CUCCR .. yr 9 TOWN HALL SEPTIC FORM ................... SOUTIIOLD, N.Y. 11971 BLDG DEPT. TEL.- 765-I807 NQTLPX TOWN OF ZIT140LD -7/ CALL Examined ..................'19`... 14AIL TO:.... ..__..`..... ...._ Approved... 19" .. ............ .................................. Disapproved a/c !�:��.. ....:�?. :._ ,r -- (Building Inspector) APPI.TCATI:ON FOR BUTT-DING PF.RMTT p Date.. � r d -.T7.119.... . INSTRUCTIONS 1. This application must be completely filled in by typewriter or in 'ink and sulmitted to the dkrilding inspector with ,3 sets of plans, accurate plot.. plan to scale. l!ee'.accarding to schedule. b. Plot plan showing, location of lot and of buildings on premises, relationship to adjoining premises or public streets or areata, axl giving a detailed description Of. Inyout Of property mmt be dram On the.diagrrm which is part of: this application. ' c. The wraYk covered by this app]ication my not be cnnenced before issuance of Wilding Permit. d. Upon approval. of this application, the 1lnildirg Inspector will issue a IArilding'pernit to the applicant.Suc1i f Perinit shall lx kept on the ,premises available for :inspection throaghnut :the work. "+ e. No Ixiildi09 -hall be occupied or used in wirnle or in part for any purpose wkaatever until a CertiLi.cale of Occupancy sbalUhave been granted by the Building Inspector. APPLICATION IS IERMTY MAUL to the Wilding, Department for the issuance of a Building Permit purstuant 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 al or lition, as herein described. .The applicant agrees to canply with ell applicable laws, ordina s, e, housing code, and ''4_tregulations, and to admit authorizer) inspectors on premises and in buildi , fo e , tions. 4' s ` (Signa applicant, or name, if a corporation) } r�O..t3,6)' 94/6.., SOL/Noo, (Mailing address of applicant) r'+State whether applicant i r, lessee, gent ar 'tect, engineer, general contractor, electrician, pludber or )milder. ....... ...... .. .. Yor owner of premises it{ C.>.... 7---;C- .N1....... e... f Ain J! (es on the tax roll or latest deed) f applicant is a corporation, signature Of duly authorized officer. "I i, .... ... .................... . (Name and title of corporate officer) alt... Wilders License No. ............. ....... ........ ::_.. iPhmliers License No. ........ 4 ............ las Electricians License No.- ..................... - Other.Trade's License NO. .................... Location of land on rata proposed work will he done .................................................. ............._......_......... _.... Vlouse NmtRr.. Street ILamlet i� _. -7 County Tax p No. 1000 Section .....I... unMa.1._._.... Rtock ..... ......... Lot —,, 7......... "�... Subdivision .......................... Filed flip NO., ............ Lot ............... 1 State existing use and occupancy of premises and intended use and occupancy of proposed construction a. Existing use and Occupancy .......... � f-. .. p✓.... Ur C T.... ....I.. .......... ....... b. Intended use and occupancy .. ..... '7 C%IG 4' ,.!] I `1 7. N-uuae tit txuk (check%.hica algAicable), boa Building .......... Addition .......... Alteration Halwir ............. Removal ............. tknolition ............ Other Wen$ ... u..... -. .i 4. ESL inwted Cost ..�1-!:'.., ............. fee .......'............. .... ............... (to be paid on filing this application) 5. If iklel Iing, miller OF dwelling units..,.... Nnterof. dka:l Iing. units on each floor If garage, comber of cars ....... .................. -. f. If lousiness, commercial or mixed occupancy, specify nature mod extent Of each type of Use... ...... ...... 1. Dimensions of existing structures, if any: Front................ Rear Depth ...... :.:. Deight............ Nrd+er Of Stories Dinensions of sane structure with alterations or additions: Front Rear ............... Depth .................... leil4a: .................... losWer of Stories S. hinensions of entire new construction: Front Rear ... ........... Depth".........:...... .Height .......:........ ........ sumer of Stories....... ......-........ 9. Sine of lot: Front .... ...... Rear ...... ...... ..... Depth ............... _ 10. Nice of Porchase ............ Nagle of Fouler Omer ..................... ..... H. Zone or use district in whi& premises are situated ......r.:..........'. ...........::.. .... 12. floes proposed construction violate any xxuing law, ordinance or regulation: .....:........... 13. Will lot he regraded .................... Wilt excess fill be removed Cron promises: YES N0 III Hates of O.aner of promises ............. . ........... Address .................... "love _No. ............ Mane of Architect .... — — ................ _......... Address ........ .._.................. Phone No. ............ N.ne of Contractor ...................... ........... Address ::...... .:................:.:.Mona No. 15. Is this property within 300 feet Of a tittal. wetland? * YES N0 ........,. *IF YES, .10111ttk1)'1GIM'IIdX;WKS PER•ITUAY RIB ln( llttn). PLOT DYAGIIAM lkw.ate clearly and distinctly all Doildings, rduether existing or proposed, and hxdicate all: set-back dimensions Fran property lines:. Give atreet and block"nnler or description according to deed, and show street nares and indicate tdx?ther interior or corner lot. CCC ki, BUILT 12.4J!2-•9 C C d4 A f OAje oho Pr7`Tt��lr��. ....... lXI1NiY iMr Au L .. rl� qui .. ... ..._. ....... ..........ix:iug dkdy e. anrn,"de{x>r;es aaxl .,aye;. dnaG he is lbe to Iit.uin (t4nx: of idxiividanl. signing Cont.ract.) Axuvt: uilaxl, in the .!{.Ilr/C7t(t ..,............ ........ ..................... (Ccpnu-actor, ageut, corlxnrate Officer, etc:) of said oaxnr or owons' and is duly milling izc!d to. pv�l Conn or have Ix:rfinlwd the said m)dk and to nwtu: and file this " upplicatitxh; that nit statements contained in this application are tit* to the best of his kaxuuledge anti txil.ief Heol that, the %lurk will be ler€onoad do the twnner set liurth in the application filed therewith. `Room In before me this .........day t)f�'�'.. i Notary RMic .. 305EPH M. GIBBONS (Sid;uature of icant) Not P 1je,St to of New York n ,At fled in Suffolk County .......................... U FEB 1997. d1a/9� a :/s P. r, .TOWN OF SOEINIOLD,NEW YORK APPEAL FROM DECiSIOtI OF BUILDING IhISPECTOR APPEAL 1`10.OA IT p 1.0 TI IE ZOONIHG BOARD OF APPEALS, TOWhI OE SOUTIIOL Di, N. Y. ` I, IWe) .r. \.0"/. ..� fuC% Dc xv�GJ Oaf ...... ..1 Z.1IJC% oC�JC i`larne of Appe)lont Sttrlectt and Nuarber ................. ......lv-L.......... IEREBY APPF.AL 10 Municipality State THE ZONING BOARD OF APPEALS FROM TI IF DECISION OF TI`IE BUILDING INSPECTOR Otl APPLICATION FOR PERMIF NO.................................... DATED... ................... ........... ................. WHEREBY THE BUILDING INSPECTOR DENIFD -IO I'llo-rne of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE i (X) PERMIT FOR OCCUPANCY ( i. LOCATION OF THE �,>r71.J6� 8'�C.G/G SNP _ Gds .... a Street /113111 et (.Jse District on Zoning Miaii s District 1000 Section '70 Block 3 Lot f r ' ................... _ ...._ ._ ................Curt'ent Oo-rner r ati A4 C� �cscgr, C Mop No. tot No. I Prior Owner c1 f "2,r� PRovisi �t•t (S) OP THE ZOHIHG ORDINANCE APPEALED (Indicate the Article Sertion, Sub- �--lection and Poragroph of the Zoning Ordinance by number. Do not gnole the Ordinance.) Article Seetioli /00 - is 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (>().. A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons, Lows Arta 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal (hos) (bas not) been mode with respect to Ibis decision of the Building Inspector or with respect to Oils property. Such appeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No. .....:..........................Dated .................. ........... ,............................. ...... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Form Zlll f;pl, f (Continue oo other side) 0 '1 �: � � ate: .--, • ?h f REASOtI FOR A�RPEAL Continued - 1. SYRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or Unneces- so.y IIARDSIiiP because';: t i 2 T'hc hurdship_c-reated is UNIQUE and is not shared by crl.. properties alike in, the immediate. viJm(y of this .properly.and in this use district because 4 i 3 The Vortance would observe the spirit of the Ordinance and WOULD NOT CllAh16'THE t i lAkACi Flt OF Ti IE Dl I RIOT" because Si'A"IE OF HEW YORK ) C Ol IhITY OF �. .....::......... - Signature i . Swum to Ibis.... ................ 4 .. .: ....... (Jay of...... r�E,:-i•�.f�L{,..1.. • .... ..�� A"e?- hlatary Pubfic Notary P Aa.f 5, •,4L752 Quatiued ttt.G.utup'R Cour +w ort Etires SW.30, IV 70� -rOWN1 Q CiUTNOi6 PROPERTY RECORD CARD OWNER STREET — Z% ra C) 5G vil VILLAGE DIST, SUB. FORMER OWNERy�. 4 yr1d� E 'V, {G 4 C t c ACR. 1. C S r GSI~ OF BUIL01m REWQ(I SEAS, '.'�• VL, FARM COMM, CB, MICS. Mkf. Value _ LAND IMP, TOTAL DATE AT REMARKS larua 000, i.3/�o/ /r f a n /� �' S TA/rl e T -` tC A rz =L LQ f Pte,. �.c• h � � J'0 n ,% %9vP?. "r�ri9f�Z/1� .6/e/r.,,1i/c,e �c,�_ P: _ •�� /✓ _ _ r'",/a Y L lC> 015 12. � r G� vt -AS ec .._ AGE~ BUILDING CONDITION NEW NORMAL 13ELOW � ABOVE FARM-•.._.:..,•--,-- Acre Value Per. Value Acre Tillable Woodland FRONTAGE ON WATER Meadowland FRONTAGE ON ROAD _ House -Plot DEPTHI Total BULKHEAD – -- DOCK i COLOR � I p TRIM ..t. I. s M. Bldg.? Extension Extension Extension Foundation C 43 Both �/ Dinette Porch 1 Basementt_ Floors p k K. Porch Ext. Walls p/.l L rJ a L, Interior Finish w_ Breezeway Fire Place ES Heat. E L Fc DR. Cara �^ y.2 t - - 7 Z 5 l� 6 Type Roof Rooms 1st Floor BR, 44 Patio Recreation Room Rooms 2nd Floor FIN. B O. B. Total Dormer �, Driveway (- a ANr Al rFiu llr y pl A[a[rRW sn rM t%/rKr a A na,� tzw n . � �si�er"rar �arrw�r nn Yawr srcn ra.unav ur tj 5 rzaa,aaa'vcaorr r. Au csvrricchac f. ' .. r�nrMc vAto fpr her rAr Ano m9tr r� at r s " i40 w� Ar G4'E3' etAR lK M�#CE.RD AEAt Q� P£.J1M£/pt 4 . A►U�iC4W�111t ArPEAIPS IOIECW A N4t.LY rD CliI1.Y MM if0 (L,�,�M nc r[)1v AL rr7CD.Dr u OF ANDe Calm er AMir Alo A(1 vmtrpit L17XjM s 4 CC" �'row4 rrr.zinc iar x 'r ti x noir rc s R P. M R 16* w Stpvc,r OF tfi y �r C O i 23 'hW OF HARVEST ~S rSTAyrS,, i SEC DON O tos �3 Towey OFOMNOLD oDC)LD -vol SWFOW COUNTY, N.Y. -IOdD - 70 03 . n ; r' : 30 ' NOV. 27, 1997• r�. CCR W&D, ro, AREA = :20586 a Patt(� NArus 9' N54C0AAh?iJX CO ANY AILC /• N.Y.S. UC. N0. 49616 IV.Sia4A M`.E' COIa�ANY � PECO1,L 13110 DRS, ` ( ej '-65 - 5020 P O BBOX- 909 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. Ronald Yedloutschnig 440 Jernick Lane Southold, NY 11971 o C4 2 o41P BOARD OF APPEALS TOWN OF SOUTHOLD March 2, 1998 Re: Variance for Setback (Deck Addition/Rear Yard) Dear Mr. Yedloutschnig: 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 of approval rendered at our February 26, 1998 Meeting (at which you were present) . A copy has been forwarded to the Building Inspector's Office as a follow-up request and update on your pending application for a building permit. You may wish to contact the Building Department directly at 765-1802 to request issuance of a building permit and certificate of occupancy for the deck needed to conclude the procedures. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Inspectors' Office APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning FFO(�coG cz ?1 CA Z BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall - 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 .Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF FEBRUARY 26, 1998 Appl. No. 4545 - RONALD YEDLOUTSCHNIG 1000-70-3-17 STREET- & LOCALITY: 250 Jernick Lane, Southold. DATE OF PUBLIC HEARING: February 26, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: The above -identified property is located on the southerly side of - Jernick Lane, Southold. This property contains a total area of 20,586 .sq. ft. and is located in the, R-40 Residential Zone -District. The survey map submitted under this application shows that the subject premises is improved with an one-story frame dwelling with attached garage and the subject wooden .deck at the rear. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 29, 1998, which reads as follows: "...under Article XXIV, Section 100-244B for non -conforming lots, the 'as built' deck addition will have a rear yard setback at 2716" +-. Lot areas of 20,000 to 39,000 sq. ft. require a rear yard setback of 50 feet . , The existing dwelling has a present non -conforming setback of 42 ft. +_. Action required by the Board of Appeals .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for approval of an "as built" deck, 14.6 ft. by 12.3 ft. in size. .'The dwelling setback is shown , on the February 25, 1983 survey map prepared by R. VanTuyl, P. C. to be 42 feet from the rear lot line. The "as built" deck is 2618" from the rear property line according to a statement of February 23, 1998 from J. Metzger, P.C. relating to his survey map prepared November 27, 1997. Page 2 - Meeting of -.jruary 26, 1998 Appl. #4545 R. Yedloutschnig (1000-70-3-17) Southold Town Board of Appeals REASONS FOR BOARD ACTION, DESCRIBED BELOW: The subject deck has been in place since at least 1983, and possibly much longer; the house was built in approximately 1972. The size and appearance of the deck are not inconsistent with the neighborhood features, and continued existence .of the deck poses no threat to the character of the neighborhood. The substandard rear setback of the house (42 feet) largely reflects the shape of the lot, which was created in 1969. In the context of the ' lot's shape, there is no method feasible and available to the applicant for achieving the benefit of a deck other than through an area variance. The Board finds that the requested variance is not substantial, will not have an adverse effect on physical or environmental conditions in the neighborhood or district, and is the minimum necessary and adequate to attain the benefit sought while also preserving and protecting the neighborhood character and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for, SUBJECT to the CONDITION that the deck shall remain open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, . TORTORA, COLLINS and HORNING.;., resol nasy adopted `__GERARD P. GOEFIRINGER, Approved for Filing AS400 /Actions. all/ 70-3-17 Page 2 - Meeting of I.-..:2uary 26, 1998 y Appl. #4545 R. Yedloutschnig (1000-70-3-17) Southold Town Board of Appeals REASONS FOR BOARD ACTION, DESCRIBED BELOW: The subject deck has been in place since at least 1983, and possibly much longer; the . house was built in approximately 1972. The size and appearance of the deck are not inconsistent with the neighborhood features, and continued existence of the deck poses no threat to the character of the neighborhood. The substandard rear setback of the. house (42, feet) largely reflects the shape of the lot, which was created in 1969. In the context of the lot's shape, there is no method feasible and, available .to the applicant for achieving the benefit of a deck other than through an area variance. The Board finds that the requested variance is not substantial, will not have an adverse effect on physical or environmental conditions in the neighborhood or district, and is the minimum necessary and adequate to attain the benefit sought while also preserving and protecting the neighborhood character and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for, SUBJECT to the CONDITION that the deck shall remain open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS and HORNING.-resol n as fy a,�opted (5-0) . :-' AS400 /Actions. all/ 70-3-17 V 1114A14L 1 . VVLlL1411\<.�1.14, Approved for. Filing IT DATE TICUI-1�r-q5- -.,wn Clerk, Town of Southold 0 APPI&LS 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 REGULAR MEETING OF FEBRUARY 26, 1998 Appl. No. 4545 - RONALD YEDLOUTSCHNIG 1000-70-3-17 STREET & LOCALITY: 250 Jernick Lane, Southold. DATE OF. PUBLIC HEARING: February 26, 1998 FINDINGS OF FACT PROPERTY FACTS%DESCRIPTION: The above -identified property is located on the southerly side of Jernick Lane, Southold. This property contains a total area of 20,586 sq. _ft. and is located in the R-40 Residential Zone District. The survey map submitted under this application shows that the subject premises is improved with an one-story frame dwelling with attached garage and the subject wooden deck at the rear. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated January 29, 1998, which reads as follows: "...under Article XXIV, Section 100-244B for non -conforming lots, the 'as built' deck addition will have a rear yard setback at 2716" +-. Lot areas of 20,000 to 39,000 sq. ft. require a rear yard setback of 50 feet. The existing dwelling has a present non -conforming setback of 42 ft. +-. Action required by the Board of Appeals .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is for approval of an "as built" deck, 14.6 ft. by 12.3 ft. in size. The dwelling setback is shown on the February 25 , 1983 survey map prepared by R. VanTuyl, P . C . to be 42 feet from the rear lot line. . The "as . built" deck is 2618" from the rear property line according to a statement of February 23,'1998 from J. Metzger, P.C. relating.. ,to hiss survey map prepared November 27, 1997. N AREA - 20j586 sq: --f t ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLATION 7F SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW :XCEPT AS PER SECTION 7209 -SUBDIVISION 2. ALL CERTIFICATIONS IEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF ?AID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR VHOSE SIGNATURE APPEARS HEREON. IDDI TIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY' (UST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY )F ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND BROUGHT -TO -DATE' ARE NOT W COMPLIANCE WITH THE LAW. CER TIFIED TO, PA UL INE NAHAS COMMONWEALTH LAND TI TL E INSURANCE COMPANY I SUR VEY OF LOT 23 "MAP OF HARVEST HOMES ES TA TES" SEC TION ONE FILED JUL Y 18, 1969 FILE NO 5337 AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-70-.03- 17 SCALE 1.#/= 30' NOV. 27, 1997 N EW Yp c'`Q` N.Y.S. LIC. NO. 49618 PE 52/ RS, P. C. �P ER STREET N.Y. 11971 97 - 397 I <<• ' � r � .. tit } .:' '•L CIve, 7. li (Yi -3lX.' 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YEO LO U TSC }4 R I -G q/W g8 -(-g I i d BOARD OF APPE_*iLS : TOWN OF SOUT HOLD In the Matter of the Application AFFIDAVIT of ye- b koctzsC (Name of Applicants) --- -------------- AFFIDA�TIT OF M— AILING ANS POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 60AKh / ��, residing at /YJlfv/-/0 ��`7Z��C/C G New York, being duly sworn, depose and sap that: 1) On the / 't'``dav of ��d°"'`}�' 199q, I personally mailed, by certified mail, return receirt requested, a true copy of the er , attached Legal Notice, addressed to each of the foilow':ng named persons at the addresses -set opposite their --spective .;Imes, that the addresses listed below are those shown on the current assess- ment rolls of the T own of Southold; that said Notices ''rF=e mailed at the United States Post Office o each of said persons y cer iff mail, return receipt requested: Name of Surroun inti- Property Ownerldaj-Lin°' Address and . ?) On the / day of / �1Q4K, i personally posted the properly identified as District 1000, Sec"ton J Lot by placing z e Town's of ical post=r Block r me rT- l fac; n _ the street ten (10) feet, or closer; from the proper _�res a (or `c•-na" the T:aht-of- gray) , and that 1 lave checked to be sure --� the poster bas -remained in place for seven Full. days prior to -tMe a �- date of hearer noted thereon to be aeid data of the : ubi.ic he..r_n� ;g h Sworn to before me this ( si~=�a Izre ) cal day or' 19'9$' IRIS R. BEGORA Notary Public, State of Naw Yolk A-Puab t No.01BE4844751 c71,� ped 1n Suffolk cCooeo��yy iotarlic QommWonExpires january3l,W_�ck) ` e 3ca=d ..f a=pea? s when cmr__la_sc- '_ease =ems:._.. § 58-1 NOTICE OF PUBLIC HEARING § 38-1 Chapter 58 NOTICE OF PUBLIC BEARING § 38-1. 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 notice: A. By causing a notice giving the time, date, place and nature Qf 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 § a8-1 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 nearing on the application and addressed I 3-he'71.;pwners : at the addresses luted for :,hem z on the local assessment roil. The applicant or agent snail File an aff�d'avit' thai '/lie ' has complied with this provision:— in^�1 fEB23 Y -t ■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'Retum 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. Articie Aaaressea to: I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 4a. Article Number ZD&� I'V20 ❑ Registered Certified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7 nano m nou.—, RE E,6,0-�;l — / — 7 e 5. Receive By: (Print Name) 8. Addressee's Address (Only if requested and fee is paid) -C(�G 6. Signature: ( dressee or Agent) PS Form 3811, December 1994 102595-97-8-0179 Domestic Return Recei ai v Z dI _aI d� a� % SENDER: - 0 ■Complete items 1 and/or 2 for additional services. ■Complete items 3, 4a, and 4b. I also wish to receive the I I H ■Print your name and address on the reverse of this form so that card to you, we can return this following services (for an extra fee): I ; ■Attach this forth to the front of the mailpiece, or on the back if space does not permit. 1. El Addressee's Address j d ■Write'Return Receipt Requested' on the mailpiece below the article number, ■The Retum Receipt will show to whom the article was delivered and the date 2 ❑Restricted Delivery del aa) ? (n C 0 ered. Consult postmaster for fee. -0 � 3. rticle Addressed to: I 4a. Article Number � CL E L r�1� 1 rl 4b. Service Type 0 N (/f� r wlJ Registered Certified i� M /'i*!(J'� ❑ Express Mail ElInsured N )' e a _✓ qui Q� �� i ✓✓ �� 1 V / �� l� ❑ Return Receipt for Merchandise ❑ COD 7. Date 3 l 6 of Delivery ,o F W 5. Received Prin Nam 8. Addressee's Address (On y if requested 0 I J ��`�1/�� and fee is paid) m II 6. Siiggn/1at�/ (A orAgent) fy /{1esse PS Foam 3811, December 19 4 102595-97-B-0179 Domestic Return Receipt OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel.. (1-516) 765-9064 fax. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ February 10, 1998 Mr. Ronald Yedloutschnig 440 Jernick Lane Southold, NY 11971 Re: Application for Variance Hearing Date: February 26, 1998 Dear Mr. Yedloutschnig: Pease find enclosed a copy of the Legal Notice which will be published by our office in the next weekly issue of the Long Island Traveler. Under the requirements of Chapter 58 of . Town Law, we are requesting that notice of the hearing be sent at this time by certified mail, return receipt requested, to the all surroundin#; property owners. These mailings should be postmarked by 2/16 and forwarded to all owners of vacant or improved land across streets and along sides abutting the subject land. Please also post the sign (enclosed) within 10 feet of the front property line facing the street, for a period of seven (7) days, starting 2/18 or earlier. If the sign is worn or removed due to adverse weather conditions, please stop by to pick up another sign. The - sign is required by code to remain for a full seven days. Once you have received the green cards, please return the following: a) completed Affidavit of Mailing and Posting: b) postmarked receipts from. the post office showing the date you mailed the notices by certified mail; c) green signature cards once they have been received (you may return these to us during the hearing, or before) . Page 2 - February 10, iuu8 Re: February 26, 1998 Notice If you have questions, please feel free to call. Very truly yours, Office of the ZBA Enclosures (copy of Ch. 58 & legal notice) lnag.98/appl.ln Fax and Regular Mail LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 26,1998. NOTICE IS HEREBY GIVEN, pursuant to Section 267 ofthe Town Law and the -Code of the Town of Southold, the fol- lowing 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, FEBRUARY 26, 1998 at the time noted below (or as soon thereafter as possible): 6:35 p.m. Appl. No. 4545- Je RONALD J. YEDLOUT- SCHNIG. Request for Variance regarding "as built" (existing) location of open deck,addition for which an application for a building permit was disapproved by the building inspector on January 29,1998 and which Dis- approval reads'as follows: "...un- der Article XXIV, Section 100- 244B. for nonconforming lots, the 'as built' deck addition will_ have a rear yard setback at 27'6"+-: Lot areas of 20,000 to 39,000 sq. ft. require a rear yard setback of 50 feet..The existing dwelling has a present noncon- forming setback of 42 ft. +-. Ac- tion required by the Board of Ap- peals..." Location- of Property: 250 Jernick Lane, Southold. County Parcel ID 1000-70-3-17. Lot size: 20,586 s.f. 6:40 p.m. Appl. No. 4546' HERBERT SCANNEL:L and SARAH REETZ. Request for: Variance based upon the Febru- ary 2, 1998 Building Inspector's Notice of Disapproval (and Stop Work Order) regarding pending B uilding Permit No. 24471 Z and reconstruction and replacement of single-familydwelling with nonconforming setbacks, Article XXIV, Section 100-242 (ref. set- backs under Section 100-244B) of the Zoning Code. Location of Property: 95.5 Cove Circle, Greenport CTM # 1000-49-1-16 and 17 (as one lot) -'Loi size: .69 of an acre. 6:45 p.m: Appl. No. 4538 - MICHAEL RAND. Request for Variances based upon the De=. cember 29, 1997 Notice of Dis- approval regarding a building permit application to construct a three=car accessory garage, which reads as follows:,. -.,.Un- der Article IIIA, Section 100- 30A.4 accessory buildings are to be located in the required rear yard. Since SCTM #10000-14- 2-10 and #1000-14-2-11 also known. as Petty Bight Subdivi- sion Lots 12 and 13 have been merged as per owner's request, the proposed three -car accessory garage with storage above is lo- cated in the side yard ofthe'prin- cipal dwelling. Location of Prop- erty;. 1275 Bight Road, Orient; County Parcel ID 1000-14-2-10 and 11. Lot size: 85,115 s.f.. ' - 6:55 p.m. Appl. No. 4541- RUTH LEONARD: -Request for a Waiver under Article II, Sec- tion 100-26 based upon the Building Inspector's January7, 1998 Notice of Disapproval which reads as follows: "...Both parcels being located in an R40 Zone: Tax Map #1000-78-07-38 and 1000-78-07-39 are merged. These parcels 'do not meet with the exceptions as specified un- der Article 11100-25C... See at- tached determination by Town Attorney..." 755 and 795 Cedar Drive, Southold, NY. , 7:00 ,p:m. Appl. -No. 4540- MELISSA SPIRO. Request for a Waiver under Article II, Sec- tion ,100-26 based upon 'the building Inspector's January 6, 1998- Notice of Disapproval which reads as"'follows: ".:.Both parcels being. located in anR40 Zone, Tax Map Numbers 1000- 110-06-05 and 1000-110-06- 1-1.2. are merged: These parcels do not:irieet with -the exceptions, as specified under Article II, 100-25C... Note:- See attached COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for / determination by Town Attorney which states that lots are not ex- cepted...". Location of Property: 340 Glenwood Road and 295 East Road, Cutchogue. CTM Lot 11.2 of 40,000 s.f has a 1979 approval under Board of Appeals #2554 (Moebious Associates Minor Subdivision). 7:05 p.m. Appl. No. 4543 - ALICE KONTOKOSTA ' Re- quest for a Variance based upon the Building Inspector's Decem- ber 24, 1997. Notice of Disap- proval which states that "...appli- cation dated November 17, 1997 for a permit to replace an exist- ing -dwelling is disapproved on the following grounds: the exist- ing nonconforming building con- taining a nonconforming use if 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 sub- stantially to conform to the height and yard requirements of the bulk schedule, Article XXIV, Section 100-24213-1. (Ref, all setbacks under 100-244 and 100- 239.4A)., Location -of Property: 54155 C.R. 48; Greenport, NY; Parcel ID # 1000-52-1-2. 7:15 p.m.. Appl , No. 4537 - REQUEST BY SOUTHOLD TOWN BUILDING DEPART- MENT dated January 6, 1998 for "Generic Town -Wide Inter- pretation" with the following - questions: "Is a sculpture a "building" under the Code Defi- nitions at Section 100-13, since a sculpture does not have a roof and will not be intended for shel- ter, business, housing or enclos- ............................ weeks na_nn-the ..... ing persons. Also is a sculpture excepted under Section 100-230 under "Exemptions," or do the height limitations of Section 100-33 apply.?" 7:40 p.m. Appl. No. 4466 - HAY HARBOR CLUB, Fishers Island, continued hearing at re- quest of applicant's attorney. 8:10 p.m. Appl. No. 4535 - WILLIAM and PATRICIA MOORE as contract vendees.. Request for Special Exception under Article IX, Section 100- 71B(2) for principal offices (pro- fessional and business) at 51020 Main Road, Southold, NY; 1'000-70-2-8. Zone District: Residential -Office. .m. Apppy No. 4536- NDE,NT GROUP int— kv ro im portion was conclu�1 d on l/ /98. Proposed ResolCtion to clos the written pop(iion of this reco . 51550 Main Road, Southold; NY; 1000- 61-3-1. TheBoard ofAppeals will at said time and place hear any an all per- sons or representatives desiring to be heard in the above application or desiring to submitwritten statements before the hearing ends. The hear - ing will not start earlier than desig- nated. The file is available for re- view during Town Hall business hours (84 p.m.). If you have ques- tions, please do not hesitate to call 765-1809. - Dated: February 10, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS - GERARD P. GOEHRINGER, Chairman IX -2/12/98(19) Ali NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Mall, 53095 Main Road, Southold, New Yorks, concerning this property. OWNER(S) OF RECORD: If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during' normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS.* TOWN OF SOUTHOLD e (516) 765-1809 �E'c/( �ocATion/ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK . TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971. Fax (516) 765-1823 Telephone (516) 765-1800 DATE: February 3, 1998 RE: ZONING APPEAL APPL. NO. 4544 - RONALD J. YEDLOUTSCHNIG Transmitted herewith is ZONING APPEALAPPL NO. 3433 - RONALD J. YEDLOUTSCHNIG together with a letter dated January 30,, 1998 from Mr. Yedloutschnig to the Southold Town Board of Appeals, the Notice of Disapproval from the Building .Department, Reasons for Area Variance, the Zoning Board of Appeals' Questionnaire, a copy of the Survey Map, the Proposed Drawing and Applicant Transactional Disclosure Form. Elizabeth A. Neville Southold Town Clerk BC, 11-0ak January 30, 1998 Southold Town Board of Appeals: RE: Variance for "as built" raised deck at 250 Jernick Lane Enclosed are the following for a variance request for the "as built" raised deck attached to the home located at 250 Jernipk lane in Southold: - Notice of disapproval from the Building Inspector together with copies of the permit application file. - Typed application with completed information attached to my notarized signature. - Z. B. A. questionnaire completed and signed. - Seven (7) copies of the drawing to.scale of the built deck. - An original plus 6 duplicates of the -survey of LOT 23, map of Harvest Homes Estates, dated November 27, 1997. - Personal check for the sum of $150.00 made out to the Southold Town Clerk. Sincerel Ronald J. Yedloutschnig 440 Jernick Lane Southold, NY 11971 (516)765-2011 t :a REASONS FOR AREA VARIANCE ONLY (to be completed by applicant): Do not use these standards for "use variance" or special exception." (Also attach sheets if necessary, with signatures.) An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: The 12' x 15' raised redwood deck was built at the time the house was built or shortly thereafter. The adjoining West side neighbor has lived therefor more than15 years and she has never objected to its presence. I have lived to the immediate East of the property since the house and deck were constructed and always thought it was a very attractive addition to the property. The deck only extends approximately fifteen (15) feet from the rear of the ranch home with large shrubs on either side, which enhances its attractiveness. The superior construction and excellent maintenance of the deck adds to the beauty of the home and is an asset to the neighborhood. 2. The benefit ,sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: The deck is attached to the house and is an extension from the nine -(9) foot sliding glass door leading from the house to the rear yard. The original owner, who was a senior citizen, had the deck built level with the house floor, because of fear of falling if only steps lead to the rear yard. The proposed new buyer of the home is also a senior citizen and also likes this definite safety feature, preventing injuries from unnecessary falls when exiting the house to the backyard. This is the only door from the living area of the house to the rear yard, and the only feasible location for the deck. 3. The amount of relief requested is not substantial BECAUSE: The variance requested is for a "as built" small raised deck, which has been attached to the ranch home for 20 plus years. It apparently extrudes into the legal setback by a few feet. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: The deck is very well constructed, is attractive and always painted and maintained nicely, which enhances the beauty of the house and neighborhood. The house would actually look "naked" without it. The deck is only raised approximately two -(2) feet from ground, levelso does not obscure any views in the area and has absolutely no negative -physical or environmental impact. 5. Has the alleged difficulty been self-created? Yes — the deck was constructed 20 plus years ago by the original owners. Apparently a Certificate of Occupancy (CO) was not previously applied for. f REASONS FOR AREA VARIANCE ONLY (to be completed by applicant): Do not use these standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced ine character of the neighborhood or a detriment to nearby proper es, if granted BECAUSE: 01 2. The benefit sought by th Ii nt CANNOT be achieved by some method, feasible for the ap fin to pursue, other than an area variance BECAUSE: 3. The amount f 1'ef requested is not substantial BECAUSE 4. The var'- ce will NOT have an adverse effect or impact on the physical o environmental conditions in the neighborhood or district BECAUSE 5. Has the alleged difficulty been self-created? ( ) Yes. ( } 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) (Apple n )v Agent u t attach written Sworn to before me this BA: ;SARA STEPNOWSKI Notary Public, State of New York No. OIST4844752 Qualified in Suffo.,:c County emission Expires Sept. 30,19� -z-r*xa:x*::x*x:Irr�r V T zx ik. foral.-Jar/t?mL' day o f6l'16L,�:� n Nota ent from owner. I LO t, dN I lo A % jN J, 11 4 70 I AH -F A.L T -r -RA "Xvi (A J I'. , t'-) '.nf$ Sr-4'?VVY OF A YPOLA r7W 'y TP -P9 re ,'I s TAE Ml C I- 7XCA - "'V.' -FE ;�,64WZ&KW ?. ,fit;. CCRT)W-A rd 313 l ASE VALD rcl'i -LJ, Ao CMOS 7)�r ar ICU Y IF ;'' ^4WSSEll &CAIL W T FE V ?K-Yi1 C' - �1177" &4,V L A W PC TEC-lif -A4 rMREL B)" Ta -RMS Sf-C%r A.' MW W111" ,rA:"" 's V, -X 14 S' 97-397 2— Ile AH -F A.L T -r -RA "Xvi (A J I'. , t'-) '.nf$ Sr-4'?VVY OF A YPOLA r7W 'y TP -P9 re ,'I s TAE Ml C I- 7XCA - "'V.' -FE ;�,64WZ&KW ?. ,fit;. CCRT)W-A rd 313 l ASE VALD rcl'i -LJ, Ao CMOS 7)�r ar ICU Y IF ;'' ^4WSSEll &CAIL W T FE V ?K-Yi1 C' - �1177" &4,V L A W PC TEC-lif -A4 rMREL B)" Ta -RMS Sf-C%r A.' MW W111" ,rA:"" 's V, -X 14 S' 97-397 3! FA r L ►4 P in . �3. ove jrG+He� mac; .'S Al 'T' fir: j ��•• ! � IE N , rYJ'Ni c' i�C14i5GV I TT 1 �1/. (raisdcfjj 2 :3� r LO TMS SURVR o A V40LATKM OF CICS. r..'S Gs' nti, row VCG Svm VJCAFWN LAW. "" FAfU (D/ TTMS SURY" RSM HOT LQARMG 'i�.t' %'f ��..;' . _ r�i7 ,•'% ^3^_ ' r'— `r• tNl Low wlvR'ros's two a" OR tdWOU M SM UAL1 tat W cuaMM GUNtAMM *JWAPD "UZOM ?MALL OW PKY so 1M1 p�aso;! 1pp TtfR Wi! Wa�a�ra�� s Ttz$Asm �r+o W1 }IIS 'tiOl (till'COR/trAl1Y, 4OyiiV qA6 AQfs AHC WMWQ pdt"P" USTP "MIOK A" to TH, ASRLOWU OR Tw Lnv#4 lW4 . PO'AawtowA 041M0-4 OR sut"Q(9N, , by WI& --i ,"7o i?�C. �, 'f T�; ?,;:f / r ' I �' :� • ` 1;1? Ir �i i7 Lj it .. ± W = m o i -7t i err4- o = Iron pipe y`- 67 fi L ` • r 3! FA r L ►4 P in . �3. ove jrG+He� mac; .'S Al 'T' fir: j ��•• ! � IE N , rYJ'Ni c' i�C14i5GV I TT 1 �1/. (raisdcfjj 2 :3� r LO TMS SURVR o A V40LATKM OF CICS. r..'S Gs' nti, row VCG Svm VJCAFWN LAW. "" FAfU (D/ TTMS SURY" RSM HOT LQARMG 'i�.t' %'f ��..;' . _ r�i7 ,•'% ^3^_ ' r'— `r• tNl Low wlvR'ros's two a" OR tdWOU M SM UAL1 tat W cuaMM GUNtAMM *JWAPD "UZOM ?MALL OW PKY so 1M1 p�aso;! 1pp TtfR Wi! Wa�a�ra�� s Ttz$Asm �r+o W1 }IIS 'tiOl (till'COR/trAl1Y, 4OyiiV qA6 AQfs AHC WMWQ pdt"P" USTP "MIOK A" to TH, ASRLOWU OR Tw Lnv#4 lW4 . PO'AawtowA 041M0-4 OR sut"Q(9N, , by WI& --i ,"7o i?�C. �, 'f T�; ?,;:f / r ' I �' :� • ` 1;1? Ir �i i7 Lj it .. ± W = m o i -7t i err4- o = Iron pipe y`- LP fvl i vetjr rhe- fhcA,t, Vrt/_ Lew.nre7 owsifc i 1 67 fi L ` � ii F SCD LA )V,0 LE.W •A�, 77 cc) LP fvl i vetjr rhe- fhcA,t, Vrt/_ Lew.nre7 owsifc i 1 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) c.�l Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( X) Yes �(Jo s�o�ji,� Can�.r�ozs ( ) No. Uf Yes, please attach copy [1f "c ondits..ons " of sale . ) C. Are there amy -proposals tm change = alter land centaurs? ( } Yes (x} No D. 1. Are there any areas which contain wetland grasses? 0 2. Are the wetland areas shown on the map submitted with this application? /V/,q 3. Is the property bulkheaded between the wetlands area and the upland building area? /VM 4.' If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? IV14 E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? __LV0 uC (If not applicable, state "N:A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist -and are not shown on the survey map that you are submitting? N01() If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? Vy If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? YES If yes, please explain where or submit copies of deeds. 1h1i_nCD,Ja-rE1-y 7-0 fh� Cq�` �✓"Q�� `7; �7` I. Please list present use or operations conducted at this parcelyAC,gPI- and proposed use /00/ - r 4"A��ied Signature dmil Date 3/87, 10/901k APP.T.-TCANT TRANSACTIONAL WESCLOSURK Foil" 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 infozmatiori which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. { YOUR NAME: ___Y (Last name, rir.st fram(-, middle initi l., Uri F.3ss you are applying in the name or someone else or other entity, such as a company. If so, indicate 'the other person's or company's name.) NATURE OF APPLICATION: (Checic a .l l that apply. ) Tax grievance Variance Change of zone Approval -of plat; Exemption from plat or orricial map Other (If "Other," name the activity.) Do you personally (or through your company, spouse, eibl.in(jr parent, or child) have a relationship wills any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest_ "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer' or employee owns more than 5% of the shares.. YES NO If you answered "YES,",complete the balance of this form and date and sign'where.indicated. Name of person employed by the Town or Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Eitlier check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or lits or her spouse, sibl..ing, parent, or child is (check a1.l that: apply). A) the owner of greater than 9% or the shares or the corporate stock of the applicant (when the applAcanl; is a corporation); B) the legal or beneficial. owner or any interest In a noncorporate entity (when the applicant is not a corporation); C) an officer, director_, partner., or employee or the applicant; or D) the actual applicant. DESCR:I:PTION OC RELATIONSIIII' Submitted this day of 1.99 Signature �e- 9HAU1"OjWUD AL11AM" 00 AMM1100 tO UJ THM AVIV U A VIOLATION C* MY=. N MIt co TkA 19W VOCK VATd U"AMM LAW. "4 6 0 0 tnO C) Ve ; f'r- --3 1 r Z_ v«e. PDMG CW MS tft LAND BUIVIYOAI bM UA& 00 JWUO UU SNAIL NOI N COMMM C. 94 0 A VALLA TA04 CGIV? PU40.M" 04MAPO "t" S"A&L OM — .4 0 A- A.- 4_ MY to " "P" fasymt/ '6 Is FWAkot .rAs► uIlAts 10 11JU *C"~t tjOYNW4"A AGOCY MO V Pp" MUNI" USTIO "IWK %:k to " Am"u of U4 Uho*4 "T#1 WW% GUOAM" AN "Of ORAMMMAkA Po'Aac"10"m b4l"ID&O 02 suk"at9to o Z_ 33 -age 16'p c) r /' -I ti x "'v0 Pee /7 0 Ic 4 iron Pipe L W i. e-- io r In 01 H c I c IV VV-,LaWnrr?d-owsk: i LAJVt) CYSCO NLE Ic 4 iron Pipe L W i. e-- io r In 01 H c I c IV VV-,LaWnrr?d-owsk: i C,F\O u� SE Ury d lk� t Y,(n 1,o„ 1� oa r+u VSE 1 i ice• i f jj (ilk t2Col= 1 S r^F. i4C( $L 1 I 4 ( I j FR6N7 _ AS -bU( LT -DECK ill 1495 I 25aJERNlCK LANE, i7�0NALD J.YLOLOUTscwRI,G Epwo rge-(-8 I 61= 1 TC F'iCAL B X�% CCNG G'LCGrC U h II Qr, 1� oa r+u VSE 1 i ice• i f jj (ilk t2Col= 1 S r^F. i4C( $L 1 I 4 ( I j FR6N7 _ AS -bU( LT -DECK ill 1495 I 25aJERNlCK LANE, i7�0NALD J.YLOLOUTscwRI,G Epwo rge-(-8 I 61= 1 I' N t,r � 66 IZ • ,000 � 65°18 . 6,100 E• �{ 66°3 t�• 30 r05' Q AREA _ 20,586 -sq ft. Nc3� o P 6°36'►0 S 6 �IO�F CER TIFIED TO, PA UL INE NAHAS COMMONWEAL TH LAND TITLE INSURANCE COMPANY ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW EXCEPT AS PER SECTION 7209 -SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FORT THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGIV44 TURE APPEARS HEREON. ADDITIONALLY TO COMPLY WITH SAID -LAW THE TERM 'ALTERED BY' MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND 'BROUGHT -TO -DATE' ARE NOT IN COMPLIANCE WITH THE LAW. a e SUR VEY OF LOT 23 "MAP OF HARVEST HOMES ES TA TES" SECTION ONE FILED JULY 18, 1969 FILE NO 5337 A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY. NY 1000 — 70 — 03 — 17 SCALE 1" = 30' NOV. 27, 1997 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 97-397