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POKI t3 Li 4 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning � O�OSUFFOI�-�oG 0 Ca Z BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 28, 1999 Appl. No. 4726 - T. ANGELL 1000-35.4-28.25 STREET & LOCALITY: 305 Gull Pond Lane, Greenport; Lot 10 Map of Fordham Acres DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 19,955 sq. ft. in area with 100 ft. frontage along the easterly side of Gull Pond Lane, Greenport. The lot is also shown as Lot 10 on the Map of Fordham Acres and is improved with a single-family dwelling situate approximately 60 feet from the bulkhead along the dredged canal and 100 feet from the front property line. The side yards of the existing dwelling are shown at 15 feet and 14.5 feet, confirmed by a survey prepared August 18, 1976 by Roderick Van Tuyl, P.C. BASIS OF APPLICATION: Building Department's June 9, 1999 Notice of Disapproval citing Article XXIII, Section 100-239.4B of the Zoning Code with respect to the proposed 44 ft. setback from the bulkhead. The 1985 Code requirements provide for a 75 ft. setback, or the preexisting (60 ft.) setback from the bulkhead. (No other areas are noted in the June 9, 1999 Notice of Disapproval.) AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing placement of a 16 ft. by 16 ft. open deck at the rear of his house, the outer edge of which will be 44 feet from the bulkhead. REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. A survey of the subject property by R. Van Tuyl, dated August 18, 1976, shows the house set back 60 feet from the bulkhead. Because section 100-239.4B requires a 75 -foot setback from bulkheads on tidal water, applicant requires a variance in order to have any sort of deck (or other structure) at the rear of his house. 2. Applicant proposes a 16x16 -foot unenclosed deck, 30 inches above grade. This is a modest size, reasonable in the context of the property. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the size and style of the proposed deck are unobtrusive and consistent with the neighborhood. 3. There are no factors present to suggest that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 4. The grant of the relief set forth below is the minimum action necessary and adequate to enable applicant to enjoy the benefits of a deck while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. Page 2 - July 28, 1999 ZBA Appl. No. 4726 - T. ANGELL Parcel 1000-35-4-28 at Greenport In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new open deck addition, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for, and subject to the CONDITION that the deck remain "open to the sky". It is further confirmed that ZBA determination dated 6/4/92 under Appl. No. 4110 filed by a prior owner (Coffin) is hereby extinguished (for a similar deck at this property which was not constructed.) VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island was absent.) This Re olution was adopted (4-0). JAM S DINIZIO, JR. CHAIRMAN PRO TEM For Filing about 8/6/99 RECEIVED AND FILED BY THE SOUTHCLD TOW14 CLERK DATE e/57/9 9 Tows Clerk, Town oI Southold rATE OF NEW YORK) )SS: Lt -COUNTY OF SUFFOLK) e°, �QC1' , � i i. (i S of Mattituck, in. said t- county, being duly sworn, says that he/she is �' Principal clerk of THE SUFFOLK TIMES, a �, , weekly newspaper, published at Mattituck, in .the Town of Southold, County of Suffolk and a e,e: State of New York, and that the Notice of which 1e; the annexed is a printed copy, has been.regu- -h_ larly published in said Newspaper once each ',week for i weeks s ccessiuely, omme cixfg on the 1 S day War"', .+_' I f 19 is v nts _�4 as Principal Clerk Ib' _ aIs >worn to before me this �-',Flay of /-4 a , 2. MAIRY E IAA t FOSTER .t -2 NOTARY PUBLIC., Stffff OF Iqu1Iq YORi, Or_.._.., R `S S�`a[raiice ,under' Arxusi ���96B�baseA?tpoa-[Le - � S,i 94tohc C a rogal's ' R-0 a-P�Pas� ...e �iiYeasoa thatitte Than 7$fiee�' 305 Gull`.P nd� "'eu>•�%Y d(j,`Pacczl 1000- LoeiO, _ Semon G15•,.t-`z a'`: " 25 p.m" �- EPpi�ZCFreC. r �sata tans.%nd:. lac ear, a nro f I ,� jVde>eerep„se vt�,es�`des,rin�t 9 h&,ar te&a5 bov 99 e appkcS �,. 99 �;� mons or dell a sobtii wnt[eu. e, gpnngs aNl aoY`r'�,si>rrrt ear ,er. designated Files are availablea.; le " � re`xtejv duru,g re�uia„r"t'o1vnS3atit' ess•_l,aars �&� p�ip�'�Ii yo: �questi9ns"pleas��V"o,,.�no�"hesl� UN *x,�;r GERA'fIGP`IiGEFIRiNG 's �b � . i7G4-177 1, r B�i�mdao�val�lo x ''1 �y. Ips=C; i b`e`en _- more.%; been"�4 . �lton.; o;e ` TO Theodore Angell 305 Gull Pond Lane Greenport N.Y. 11944 FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE; June 9, 1999 Please take notice that your application. dated May 5, 1999 For permit to Construct a deck addition at Location of property 305 Gull Pond Lane Greenport County Tax Map No. 1000 - Section 35 Block 4 Lot 28.25 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds Proposed deck addition on rear of existing one family dwelling is located 44 (forty four) feet from an existing bulkhead proposed prof upon which a bulkhead, concrete wall, ripran 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. Southold Town Trustees and DEC approvals required Authorized Signature �x� h4rY' 3f999 IT BLDv:DEPT. TOWNOFSOUTHOLD FORM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL: 765-1802 Examined.................. 19.... Approved ................. 19.... Permit No. ......... . Disapproveda/c .................................. R1 t ................................ (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS BOARD OF HEALTH ............... 3 SETS OF PLANS ... SURVEY ......................... CHECK ......................... SEPTIC FORMM NOTIFY: C4& !—Z) ✓ (� CALL ..�1... MAIL TO :.................... q Date ... u� .�3.......,19✓ In. a. This application must be completely filled in bytvnevr iter or in ink and submitted to the Building Inspector w 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan slaving location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property mast be drawn an the diagram which is part of this application. c. The work covered by this application may not be conmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be,kept an the premises available for inspection 3 throughout the work. e; No building shall be occupied or used in dole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector.. A71LICATIIN IS 1IMW MALE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, Ixuildi .cwde housing code, and regulations, and to admit authorized inspectors on premises and in building for s tions. w....... ¢............... (Signature o i ;3l cant or name, if a corporation) r!�0J ..Qd ..7f1. l�ttf ¢ � (Mailing address of applicant) State wbether applicant is owner, lessee, agent, ardnitect, engineer, general contractor, electrician, plumber or builde ..�' ....................................... ..................................... Name of owner of premises ....� 0 .', lif G. .................................................. ............... (as on the tan roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) AIA F.. Builders License No. ......................... Plumbers License No . ......................... Electricians License No . ..................... Other Trade's License No . .................... 1. location of land on which proposed work will be done........,....,.. ........................................ '......................................... Howe Number Street Hamlet County Tax Map No. 1000 Section ..... �%7. 5....... Block'............ Int Subdivision ...................................... Filed Map No. ............... Lot ............... (Name) 8WAUAMY?9AM13 2. State exist nguse and occupancy of premises and intended use andoc ,'�'�: Sf1?.plT...',,.%11rr�'��ftG ...... a. Existing use and occupancy .......... b. Intended use and occupancy ....t4. Repair ............ Ramval.............. Demolition ............ Other Work . ............ (Description) 4. Estimated Cost fee .............................................. (to heid on filing ng thisapplication)..,.' 5. If dcxiling,..number of dwelling units'. Number of dwelling units on each floor ................ Ifgarage, number of cars ...................................... - 5. If business, commercial or mixed occupancy, specify nature and extent of each type of use ...................... 7.. Dimensions of existing structures, if any: Front ..... �s"`%.. �`. Rear ....%0...... Depth ....3.a......... Height ......................... Number of Stories 'Dimensions of same`stnrcturewith alterations or additions: Front Rear ............... Depth .................... Height ..... .. Nv]P'ber of Stories �' s f 3. Dimensions of entire new construction: Front .. ��0....... Rear ..... Depth ..ZA Height ...... 3P—J�7h'5:9.. Number of Stories ..... 41 _.Size of-Lot:..-PrraiT_ .. - ZVQ......... Rear .-,%CTA.'f. .Deptb ..... P.�_- 10. Date of Purchase ...il�—I7........ Name of Former Owner .......�... ��?�"�[.............. 11. Zane or use district in which premises are situated ........ZKs................................................ ........................ 12. Does proposed construction violate any zoning law, ordinance or regulation: .......... L-/....... B. Will lot be regraded ...... [Y P......... Will excess fill be removed from premises: YES N0 I '14. Names of Omer of premises� � r ,j l Address 7sr1-! {f1LJ.�s I:LE N¢��Zoe No.`{� Name of Architect .................................. Address limon No. i Name of Contractor ............................. .....Address .............. ...Phone No. 15. Is this; property within 300 feet of a tidal wetland? * YES .......... NO ...v .... *IE YES, s001 m ma ims"IEES PE Orr MAY BE REQ[mm. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate.all set -back dimensions from property Tines. Give street and block rxuber or description according to'deed, aid show street names and indicate whether interior or corner lot. a ;PATE OF Nl: YORK, SS 7f70N1Y "cc......,�...�.....;............. /��J,, � r ;PP�.....�F<+!........... lrei �;iiuly sworn, deposes and says that he is the applicant ",[tare of individual signing contract)• rbove named, leis the ................. ....................................... (Contractor, agent, corporate officer, etc.) rf said owner or owners, and is duly authorized to perform or " performed the said work and to make and file this rpplication; that all statements contained in this application are true to the best of his knowledge and belief.; and drat the work will be performed in the manner set forth in the application filed therewith. )worn to before me this ...... / .'�. ......day of Notary Public�44.4/ Q ` (SigZiltELZABETHASTATN$ a) NOTARY PUBLIC, State of NewYfA No.O1ST8008173, Suffolk C�yOty Term Expires June$,XE4 TOWN OF SOLR"09R, )"W U= - K APPEAL FROM DECISION OF BUILDING INSPE % 3 Nnr APPEAL NO. 4V?° JJ0. 2`G' DATE.............................. TO THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLb N Y G11e n EE just of 1.(We)J M Environmental Consult 121 Jessup Avenue . -P 0 Box X47 ......... .........bf g ................................ Name of Appellont Street and Number Quogue. New York ..:...... ......................................................................... .... N.e.w..Y.o.rk . APPEAL TO Municipality State THE, ZONING BOARD OF ARPEALS FROM THE DECISION ,OF THE BUILDING INSPECTOR ON s- 6/9/99 N: APPLICATIOFOR PERMIT NQ . ... .. : ......... .......... DATED WHEREBY THE BUILDING mN OCTOR DENIED TO T'h:eod6r'e.,Anpei 1 N of 305 Gull Pon Street ani ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANT 00 Construct a deck a 1. LOCATION OF THE PR( District 1000 Section 3 Map No 2. PROVISION (S) OF THE section and Paragraph of the Article X%1TI Segtiof 3. TYPE OF APPEAL Appec O A VARIANCE to the Zi ( ) A VARIANCE due to Art. 16 Sec. 280A Sul: ( ) 4. ,PREVIOUS APPEAL A'F of the Building Inspector or N Such appeal was ( ) request ( ) request Greenport...... New York Municipality State ition ERTY 305 Gull Pond Lane Green ort Street /Hamlet / Use District on Zoning Map Block 41-ot28•?Current Owner Theodore Angell Lot No, prior Owner- "Thomas Coffin ONtNG ORDINANCE APPEALED (Indicate the Article Section; Sub - Ordinance by number. Do not quote the Ordinance, 100-239.4B is made herewith for (please checkappropriate box) Ing Ordinance or Zoning Map ick of access (State of New York Town Low Chap. 62 Cons. Laws !ction 3 )us appeal (has) 6ino been mode with respect to this decision respect to this property; a special permit a variance and was made in Appeal No..:.:...........................Dated ........................ ......... ......................... REASON FOR APPEAL'. . ( ) A Variance to Section 280A Subsection 3 OO A Variance to the Zoning Ordinance is requested for the reason that Variance is requested because of rear yard setback. Form M (Continue on other side) 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 in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: Rear yard screened by vegetation Deck will be constructed 30" above grade 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: Insufficient room in side yard 3. The amount of reliefrequestedis not substantial BECAUSE Requested variance will produce a setback of 68' instead of the requested 751. Property is,i�b,ulk headed `and proposed deck will not cause 4. Thae var aipce twit ny °t�Ofgdhav_n�nwqAgefgZ gy f4e'LljAd Impact on the physical or environmental conditions in the neighborhood or district BECAUSE Construction of deck will not cause any adverse impacts upon adjacent waterway or wetlands 5. Bas the alleged difficulty been self-created? ( X) Yes. No. 6. This is the minimum that is necessary, and adequate, and at the same time preserve and protect the character of the neigiborhood and; the health, safety and welfare of the community. STATE OF NEW YORK) % COUNTY OF SUFFOLK) a t � (Applicant) Agent must a t written consent ,from owner. Sworn to before me this✓ day of�__ 19�� Notary Public HELENE b. HORNE Nocani Public. State of New York *** t*****ttt*t ttt No. 4959364 Qualified in Suffolk County txtlk/form.var/temp Commission b iresMay22, �a�,, I IIIA � - TOS! N OF SOUTHOLD PC 3P;DTV Dr -tenon r A Qn OWNER i STREET ! ' VILLAGE DIST. SUB: tl LOT M dfp �Tk--�.i i+'�r.'. �r,l'"./ _r1 _... 1 ORMER OWNER eSI� � C!, N E ACR. � oYvtcc s C.o t C) "; (.1 gi't`iV1 Cr, KtAsk-P S W TYPE OF BUILDING w - RES. Ib SEAS. VL. FARM COMM. CB. MISC, Mkt. Value LAND IMP, TOTAL DATE REMARKS G 3OCJ t / S 2,r,aG°' eDeeo!G /XPi eS�Yl, t b n o i b /Z /y/7 , �2 TOd, — 7sf;z ;� /e Tc C°a f> i — '901,76 >t7 `_ � 1�e u.re T CONDLT114.76,4l ?, Gnrez rnf..(liti rl Mc; "( NEW FARM NORMAL BELOW�U�'`1 Q5 `il'u,$b Acre Value Per Value Acre 5 �%—L /��(S ' 10�a-' l 05-_1Ye, ' 1'� k) Al .._ Tillable 1 / r Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER 00 Brushland FRONTAGE ON ROAD House Plot DEPTH 7-- BULKHEAD BULKHEAD Total _ DOCK r lI �' �� ��i■ �■e e�■i ■■ ■ i a 4 ON ,. a y ■ ■i■■■e ■e ■ ■ a �!� ■ � I ■■e■■■■■e .. � : epi ■se ■■■■■ ■ee■■■ No Ext Walls Fire Place Type Roof p r•i.66c�I�ZujE. -. MkNEP_CF LSE.$' 0-t5. FLEV.-?.8 150 — �` — yUAt2w+rri mf 1 i Mp.F y< I 44 ,a�E u,].> tFl rirG.i tN_5t1[Zr�]CE _rp 1 v'; iA ` r (- 4+A ``9 ACIUF F q'; l (JF YE la b( _. .kt;irLr�.ir. _Jr,11�.if.JY( t? ,,,;��• NEA _.... — r . �'1 4 i h� t v � MkNEP_CF LSE.$' 0-t5. FLEV.-?.8 150 — �` — yUAt2w+rri mf 1 i Mp.F y< I 44 ,a�E u,].> tFl rirG.i tN_5t1[Zr�]CE _rp 1 v'; iA ` r (- 4+A ``9 ACIUF F q'; l (JF YE la b( _. .kt;irLr�.ir. _Jr,11�.if.JY( t? ,,,;��• NEA _.... — r . i h� fi�f'te�..iVAl 3FC:}h•15rk:11� f10AJ {{ � i C 0 t7t5F?r/� YSTE_I-.:, r ck T11 C KZESI�' Na Y/tl_I_ CONFGI�.;A Tr, x'6,3. __..._. ._._ S00' .. _.. n„ • It'h f 177' r 197.10 — I I i _ -4u MkNEP_CF LSE.$' 0-t5. FLEV.-?.8 150 — �` — yUAt2w+rri mf 1 i Mp.F y< I 44 ,a�E u,].> tFl rirG.i tN_5t1[Zr�]CE _rp 1 v'; iA ` r (- 4+A ``9 ACIUF F q'; l (JF YE la b( _. .kt;irLr�.ir. _Jr,11�.if.JY( t? ,,,;��• NEA _.... — r . i h� fi�f'te�..iVAl 3FC:}h•15rk:11� f10AJ {{ � i t7t5F?r/� YSTE_I-.:, r ck T11 KZESI�' Na Y/tl_I_ CONFGI�.;A Tr, -=<F .. GK•vq YO t, t']Y•t-'q,fj�r `r tic i� Rl It'h f DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK , i, f if,Mll 1• u F •� ROBERT J. GAFFNEY SUFFOLK COUNTY EXECU1lVE - August 18, 1999 STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. X.plicant(s) Municipal File Number(s) Rushin (Patricia) & Motley (Pamela) 4662 Friedman, Stephen 4674 Trapido, Leonard 4693 Mackham, Linda Duffy 4713 Barry, Robert & Joyce 4714 Michelis, Gregory 4715 Rutkowski, Stanley 4716 Sclafani, Anthony & Cheryl* 4717 Yaccarino, Joseph 4719 Von Eiff, William 4720 Von Eiff, William 4721 ,'�gell, Theodore 4726 *With the understanding that premises will be encumbered by appropriate restrictions, particularly as set forth by the Z.B.A. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner LOCATION _ MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 61 00 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1768-0099 TELECOPIER (5 1 6) 853-4044 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765'-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County AdaLiiu.strative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning r g Ccmmission: X Variance from the Zoning Code, Article XXIII Section 100-239.46 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4726 '-Applicant: Theodore Angell Location of Affected Land: 305 Gull Pond Lane, Greenport., NY County Tax Map Item No.: 10 00 - 35.-4-28.25 Wi.thi n 50,0 feet of: _, , . Town or Village Boundary Line g Body -of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has -established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport . Comments: Applicant is requesting permission..'to Construct a deck -bulkhead setback. opies o f Town Ti Ie and re I ate d documents enc ose or your review. Dated:. �u.G, r 1999 1 11 � 1 • \ # BOARD OF APPEALS TOWN OF SOUTHOLD (1-51.6) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccamission: X Variance from the Zoning Code, Article 111ASection 100-30A-4 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4714 Applicant: Robert & Joyce Barry Location of Affected Land: 875 West Cove Road, Cutchogue, N'.Y. 11935 County Tax Map Item No.: 1000- 111-3-18 Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or —T Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.. to Locate i —2 car garage --fraa1;_yarrl 1 a _ati on . ogles of Town -file and -related documents enc ose for your review. Dated:. • /%w6-_- 1999 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD August 5, 1999 J.M.O. Environmental Consulting 121 Jessup Avenue P.O. Box 447 Quogue, NY 11959-0447 Re: Variance Appl. No. 4726 - T. Angell (Location of Open Deck) Dear Mr. Just: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's determination, with condition, rendered July 28, 1999. Please be sure to follow-up with the Building Department (765-1802) regarding issuance of a building permit for the garage. A copy of this written determination has been transmitted to the Building Department for placement in their pending application file and update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Decision filed 8/5 t. _ _ _ _ .c+u - +.Y• .a5:4�,.•.•vV ':X3,.:;1•_=. - ''4-•.rY.L.::.iYlr•" - - - - u_• - =wr...n•S+bfwi..w.i.•_. - -• ., ' A. UP OUNTY MAL• R DEPART 1 Y..D t •. -- --••- . T_11�1j •�;'�: r C_r1 f V DATE f1 U H D 2130 r�OAO Thn ^eti70 ;o di.;Ao^,q ar_d ,Trat0r F.AP' 0Rl—+JP_i:-e 1173:i i 71 i ] i •t �+ `�upp1Y %-163'for ba:�$ •'.o .RVO T_EL._ 516 7��5 _(,3%? ^ :,�;,;� d i ocl,zi ., bo�zr —��; Llcjr:;^,��F•T. � to bo SatlE:factorY• Chief of Gv:!a al E,;�fr:el9r3ng S3rvlcvs ji f, ! d i� rCORNF V O+F 60LKNEAO . 00' It N. 66 01 20'E'. - 202.'. �..__.. —'—F i { ELE`/.2, 68 i On- IAv, Z M 4: CP uj 'G N `u ' ._.._... 1 E r^' • 3.E;��__ loo _ h ( o :.� ,� I so;N N jz- 172 : 5.6o O1�2j"W (97.10 LA Cj ter. a.l : _�',;,•...•,:.- � l cv- �••`. CA AUTHORIZID7LLTERAT1OiI OR ADM.— • E,J : C Ul:13::1.1 !' 1�,_ :, V0 i To THIS SUcvtr WA VIOLATION or , - -- - _. SECTION 7=er or tNt'Ncw roRK sun T_f4 E ! J_ —1 � F E. T' I r L l ' I N' l � A:I _I' CO, � IDUCAT16H LAW. I i 1 `= AN, 1'l�F-a:)UT'L,0. :.! .�+'•,3: �',1lAtK '• conEs or THIS suavlr MAr MOT TEARING . A r� ,. .,T.,' r.�i i-!7f�,� Ep: a' r . . _ -- THE LAND sVaVEroR•S Ipr.D ! %F i . 1= r l:C: _. it I A.�..r� .. ^E_. r A,, �I; r'E�rE: ✓ A UG .10 1•:;'1(, IMIossED SiAI OR i _ ly- SEAL. HALL NGT R CONSIDERED ' �0, �.r, I' �j To a A'VALID TLUS tcoT.. _ — _ .r ._ GUARANTEES 11:01CATID IIEI; ' ON SHALL RUN I NC_F:IL~,•r ; �%, vl-rr t SNI EiA ED,LY to EANOSOP7 log S 'OSi/-A TO THE WIT • , -- ; TITLE Co/AOANT, alJl;J�IAt A^ Tf;v:'1al J� "W71401, (JI -N,Y LIQ C�.hL.:�Ur:./E1r_'.I<::-Gk_ELNi..'r�4'.•M�_y LINOdIG LVSTiTUTICN LI.:::D H.f:ON, AND. -- — , TO THI ASS.GNEI3,,Or THE LLhDLMU INSTI- • I • - •• TUTIOrJ, GUARANTF�I ♦•, a:•.. .-. .___ F)ashing brrflo'l VOrl 7 04*Zl --P► nn tvsi©nespo- C)o q:\� -3v (iii c// e-� COrvc2IE"- 0- 1 f7 �c 1 � ri=2zr �. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 18, 1999 RE: Zoning Appeal No. 4726 - Theodore Angell Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4726 - Theodore Angell. Also included are Letter Of Authorization, Applicant Transactional Disclosure Form, Z.B.A. Questionnaire, copy of Notice Of Disapproval, copy of Survey and letter from Gerard Goehringer dated June 17, 1999. June 17, 1999 J.M.O Environmental Services 121 Jessup Avenue, 2nd Fl. P.O. Box 447 Quogue, NY 11959-0447 Re: Proposed Variance(s) - 305 Gull Pond La, Greenport Dear Sir or Madam: Please be advised that in reviewing the documentation for a bulkhead setback variance, submitted yesterday afternoon, it is noted that: a) the application is not signed or notarized; b) the transactional disclosure form is not signed. Once the above have been completed, we will be in a position to file the application as a complete application with the Town Clerk's Office and forward it to Board Members. In the interim, please stake or flag the outside corners of the proposed deck for site viewing by the Members in early July. Thank you. cc: Mr. Theodore Angell P.O. Box 718 Riverhead, NY 11901 Sincerely yours, GERARD P. GOEHRINGER CHAIRMAN J.M.00 Environmental Consulting Services Zoning Board of Appeals Town of Southold 53095 Main Road Southold, N.Y. 11971 Attn: Linda Kowalski RE: Property of Theodore Angell 305 Gull Pond Lane, Greenport S. C.T.M.No. 1000-35-4-28.25 To whom it may concern: June 16, 1999 6117/l�' &V-',1 _ c4ji e.� Please be advised that we have been retained by the above noted property owner to represent him regarding the obtaining of a variance to construct a deck addition at the above noted property. We have enclosed the following: 1. Original application completed and (6) copies. 2. Authorization form 3. Check in the amount of $ 400.00 4. Copies of the survey 5. Copy of disapproval from the Southold Building Department Please feel free to contact our office should there be any questions regarding this matter. Mo§j 5icerFly, /AennE st arh Phone (516) 653-0607 • Fax (516) 653-3348 121 Jessup Ave • 2nd Floor • P.O. Box 447 Quogue, New York 1 1959-0447 Theodore Angell 305 Gull Pond Lane Greenport, NY 11944 June 91h, 1999 Mr. Glenn Just JMO Consulting Services P.O. Box 447 Quogue, NY 11959-0447 Dear Mr, Just, This is to authorize you and JMO Consulting Services to represent me before the Southold Zoning Board of Appeals, and to sign all necessary documents on my behalf, relative to my application for a setback variance to construct an attached 16'X16' deck at my residence. Sincerely, Theodore Angell QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of th individuals (and entities) having a subject premises and a description (Separate sheet may be attached.) Theodore Angell e owner(s) and any other financial interest in the of their interests: B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes (X } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {X} No No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? Yes , 3. Is the property bulkheaded between the wetlands area and the upland building area? Yes 4. If your property contains wetlands or pond areas, have you contacted -the Office of the Town Trustees for its determination of jurisdiction? Yes E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Yes. (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 snap that you'are submi.tti.ng? None If none exist, please -state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state.- H. tate: H. Do you or any co-owner also own other land close to this parcel? No if yes, please explain where or submit copies of deeds. I. Please.list present dwell ing - proposed ngperations conducted parcel proposed use same Authdrized qt4fiatfire and Ddte 3/87, 10/9'Glk at this and 1 Ai,_ APPLICANT �'RANSACTIONAL DISCLOSURE The Town of Southold's Code of Ethics prohibits conflict interest on the part- of town officers and employees. Th purpose of this form is to provide information which can alert the town of possible conflicts of interest and all it to take whatever action is necessary to avoid same._ YOUR NAME: Glenn E. Just (Last name., first name, middle initial, unless you -are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply..) Tax grievance Variance X Change of zone Approval of plat Exemption from.plat or official map Other (If "Other," name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "business interest" means a business, including a partnership, in which the town officer or employee has even 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 X If you answered "YES,".complete the balance of this 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 space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all, that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal.or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer,,.director, partner, or employee of the applicant; or D) the actual applicant. - DESCRIPTION OF RELATIONSHIP Submitted thi Signature Print name day fo2�i 99� 0 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF -APPEALS THURSDAY, JULY 22, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 22, 1999 at the time noted below (or as soon thereafter as possible): 8:20 p.m. Appl. No. 4726 - T. ANGELL. This is a request for a Variance under Article XXIII, Section 100-239.4B, based upon the June 9, 1999 Notice of Disapproval for a proposed deck addition for the reason that the deck is proposed at less than 75 feet from the bulkhead at 305 Gull Pond Lane, Greenport; Parcel 1000-35-4-28.25; also known as Lot 10, Map of Fordham Acres, Section One. 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 to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: June 28, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski f J.M. O. Environmental Consulting Services Mrs. Linda Kowalski Zoning Board of Appeals Town of Southold 53095 Main Road Southold, N.Y. 11971 cc; Oug SL JUL 2 11999 ' I�uly 13, 1999 RE: Property of Theodore Angell 305 Gull Pond Road, Greenport S. C. T.M.No. 1000-35-4-28.25 Dear Mrs. Kowalski: Enclosed please find a copy of the N.Y.S.D.E.C. "Letter of Non - Jurisdiction" recently issued for Mr. Angell's project which the Zoning Board currently has under review. Also, please find enclosed the "Affidavit of Posting" for your files as well as the last remaining original green card return receipt from the mailings. As always, should you have any questions, please feel free to contact our office at any time. GEJ: arh Most sincerely Glenn E. st Phone (5 16) 653-0607 - Fax (5 16) 653-3348 121 Jessup Ave - 2nd Floor - P.O. Box 447 Quogue, New York 1 1959-0447 New York State Department of Environmental Conservation Division of Environmental Permits Rm 121, Building 40 -SUNY Stony Brook, New York 11790-2356 Telephone (516) 444-0365 Facsimile (516) 444-0360 Theodore Angell 305 Gull Pond Lane Greenport, N.Y. 11944 LETTER OF NON -JURISDICTION Date: July 8, 19 �r P. Cahill Cotrimlasloner ; �! JUL 2 11999 91 Re:1-4738-01757/00001'` Angell Property 305 Gull Pond Lane Greenport, N.Y. 11944 SCTM # 1000-35-4-28.25.-.,1,',4 ,I Dear Mr. Angell: Based on the information you have submitted, the New York Stat4"be0artment of Environmental Conservation has determined that: The property landward of the functioning bulkhead greatar. 'thiii. 100 feet in length and constructed prior to 8/20/77, as shown on infrared Aftia1 photograph #355, is, beyond the jurisdiction of Article 25 (Tidal Therefore', in accordance with the current Tidal Wetlands .Land�[ ii F�agulations (6NYCRR Part 661) no permit is required under the Tidal Wet.Ah.4it`Adt Please be advised, however, that no construction, sedimentation;i�r°dat;tbance of any kind may take place seaward of the tidal wetlands jurisdicti6f-it"b6undary, as indicated above, without a permit. It is yourresponsibilitjj"h: y nsure that all necessary precautions are taken to prevent any sediit4lif ft6h or other alteration or disturbance to the ground surface or vegetatibf';!tWithin Tidal Wetlands jurisdiction which may result from your project. Sui6fv:Rt!autions may include maintaining adequate work area between the tidal wetlafd jtikisdictional boundary and your project (i.e. a 15' to 20' wide constriib C, area) or erecting a temporary fence, barrier, or hay bale berm.`.y�3.";:..: Please be further advised that this letter does n r`1i4'va'you of the responsibility of obtaining any necessary permits o ap rovils from other agencies. 3; Vneputy truly ours, A. Wieland Permit Administ=tof`rs`%' CC. J.M.O. BMHP File ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ---------------------------------- . -----------------x In the Matter of the Application of o to Ae--)c et ( (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as l000- 35 - L4 - a'6,a5 COUNTY OF SUFFOLK) STATE OF NEW YORK) EJUL 2 I Jsg9 IIS AFFIDAVIT OF POSTING I, Gter\f-1- L. 7;J -U 5+- residing at 9 a) QtS ©J LAT . , New York, being duly sworn, depose and say that: )AVent-,L,e, On the -4- day of -ZJW�[ , 19Oeq', I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has rem ' e pla a for4 even days prior to the to of the subject hearing. date, which ea in date ass w to be (Signatu ) Swor to befo a me this /Fday of , IgEt9. (Not c) Beverly J*Feftwskl� y6r1k of e Notary I''J,"''' IOU. -011rity No. f��Elrs -term *near the entrance or driveway entrance of my property, as the area most visible to passersby. ►+ r ►+ f dIL N -4 \ J.M.O. y�1ilil� �i ,Environmental Consulting Service July 6, 1999 Zoning Board of Appeals Town of Southold 53095 Main Road Southold, N.Y. 11971 RE: Application for Theodore Angell Parcel Id No. 1000-35-4-28.25 To whom it may concern: Enclosed please find the "Affidavit of Mailings" as requested. Also please find enclosed the original receipts of mailing and three out of four green cards that have come back. Our office will continue correspondence with the final green card as well as the "Affidavit of Posting". arh Please feel free to contact our office at any time. Mo incere , Glenn .Just Phone (5 16) 653-0607 • Fax (5 16) 653-3348 121 Jessup Ave • 2nd Floor o P.O. Box 447 Quogue, New York 1 1959-0447 ZONING BOARD OF APPEALS TOWN OF SOUTHOMNEW YORK --------------------------------------------- x In the Matter of the Application of (Names of Appli ants) Parcel ID #1000- ------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) jUL 19�� L� L AFFIDAVIT OF MAILINGS I, QgWA R. residing at IDI ala -If cb-61 4,,e4m &jf , New York, being duly sworn, depose and say that: On the 3 U day of TLkkl ,19 'q , I personally mailed at the United States Post Office in U© u e, , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (-6 Assessors, or ( ) County Real Property Office SULA-hold -7o—vvlL , for every property which abuts and is across a public or private street, or vehicular right -of w/ate of record, surrounding the applicant's property. Sworn to before /�m�e t s �n day ' 19�� (Notary Pu BARBARA A. MCCAFFERY NOTARY PUBLIC, STATE OF NEW YORK NO. 4851232, SUFFOLK COUNTY TERM EXPIRES JULY 14, W PLEASE list, on the back of this Affidati�it or on a sheet ofraper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. Lot 28.26 Sharon Lynn James 1170 Henry's Lane Peconic, N.Y. 11958 Lot 28.31 Peconic Holdings Corp. Inc. 925 Sleepy Hollow Lane Southold, NY 11971 Lot 6 Roman Wdowiak 290 Gull Pond Lane Greenport, NY 11944 Lot 28.24 George H. Starkey Jr. 630 Tarpon Drive, P.O. Box 1503 t Southold, N.Y. 11971 r L` 357 880 836 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See re IPostage Is Certified Fee ai SEN®ER: I also wish to receive the a ■Complete items 1 and/or 2 for additional services. following services (for an w ■ Complete items 3, 4a; and 4b. N ■ Print your name and address on the reverse of this form so that we can return this extra fee : U ;n card to you. 1. ❑ Addressee's Address at . Attach this form to the front of the mailpiece, or on the back if space does not d permit. 2. ❑ Restricted Delivery rn I '- ■ Write "Return Receipt Requested"on the mailpiece below the article number. Consult postmaster for fee. .2- i ■ The Return Receipt will show to whom the article was delivered and the date delivered. d0 4a. Article Number 0 3. Article Addressed to: �` Qp® Q3/� °1 l SMr, Tomes 4b. Service Type I a I 1 - ]a rrtr�,c, J �/� , ❑ Certified ¢ f E 1 v j'1U � ✓ (�`� r v ❑Registered l / ❑ Express Mail ❑Insured 'n /��.. 1 w ❑Return Receipt for Merc andis 11 COD C 7. Date of Delive CKC) VIV z 5. Receiv Print Nam S. Addressee's Ad res (Only if requested y' ( and fee is paid) s � � l 6. Si ature: (Addressee or Agent) .T PS Form 3811, December 1994 ,o2sss-sa-a-o22s Domestic Return Receipt Special Delivery Fee Restricted Delivery Fee u7 Return Receipt Showing to r Whom & Date Delivers n Return Receipt Show' fo- Q Date, & Addressee'sress TOTAL Posta e� s $ Go `o Postmark",or Date CID� 03 fah ai SEN®ER: I also wish to receive the a ■Complete items 1 and/or 2 for additional services. following services (for an w ■ Complete items 3, 4a; and 4b. N ■ Print your name and address on the reverse of this form so that we can return this extra fee : U ;n card to you. 1. ❑ Addressee's Address at . Attach this form to the front of the mailpiece, or on the back if space does not d permit. 2. ❑ Restricted Delivery rn I '- ■ Write "Return Receipt Requested"on the mailpiece below the article number. Consult postmaster for fee. .2- i ■ The Return Receipt will show to whom the article was delivered and the date delivered. d0 4a. Article Number 0 3. Article Addressed to: �` Qp® Q3/� °1 l SMr, Tomes 4b. Service Type I a I 1 - ]a rrtr�,c, J �/� , ❑ Certified ¢ f E 1 v j'1U � ✓ (�`� r v ❑Registered l / ❑ Express Mail ❑Insured 'n /��.. 1 w ❑Return Receipt for Merc andis 11 COD C 7. Date of Delive CKC) VIV z 5. Receiv Print Nam S. Addressee's Ad res (Only if requested y' ( and fee is paid) s � � l 6. Si ature: (Addressee or Agent) .T PS Form 3811, December 1994 ,o2sss-sa-a-o22s Domestic Return Receipt s Z 357 880 837 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. DSoo not use for International Mail See re' b7tt0� 000 TOTAL Postag & ees $ y EPostmark 'r D to r o p'�&Y ro LL a I SENDEr j ■ Complete items 1 and/or 2 for additional services. 1 y ■ Complete items 3, 4a, and 4b. I also Wish t0 receive the f ar ■ Print your name and address on the reverse of this form so that we can return this ext a fee)following services (for an card to you. � ■ Attach this form to the front of the mailpiece, or on the back if space does not jm permit. 1. ❑Addressee's Address r Write "Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery v �' ■ The Return Receipt will show to whom the article was delivered and the date delivered. 0 3. Article Addressed to- Consult postmaster for fee. d'a _ 4a. Article Number E ar i 92� �' 4b. Service Type AM a) ❑Registered co ❑Certified Lu �f,[,��U� % % ElExpress Mail El Insured Y. /�/ ❑ Return Receipt for erchandiseuei ❑ COD 7. Date of D ivery Q o� cc 5. Received By: (print Name) 8. Address e's dr s ( lyi req sted w �and fee is pa') = 6. Signature: (Addressee or Agent) i L =' PS Form 3811, December 1994102595-98-B-0229 Domestic Return Receipt Z 357 880 838 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse S tu r SENDER: Complete i ■ items 1 and/or 2 for additional services. v Complete items 3, 4a, and 4b. I also Wish to receive the following services (for an j i e Print your name and address on the reverse of this form so that we can return this card to you. extra fee): Special Delivery Fee o Attach this form to the front of the mailpiece, or on the back if space does not 1. ElAddressee's Address Restricted Delivery Fee LO 2• ❑ Restricted Delivery ch 0 Retum Receipt Showing to Consult postmaster for fee. a Whom & Date Def Wbjoa k -a Return Receip(Sho ' (I Q Date, & A less ress l v TOTAPo age & Frees 0 Registered El Certified w�o�l Jv F ` C1�, El Express Mail ❑ Insured Postm Date 8 LL (% as -- r SENDER: Complete i ■ items 1 and/or 2 for additional services. v Complete items 3, 4a, and 4b. I also Wish to receive the following services (for an j i e Print your name and address on the reverse of this form so that we can return this card to you. extra fee): > a)permit. o Attach this form to the front of the mailpiece, or on the back if space does not 1. ElAddressee's Address ° r SENDER: Complete W d ■ items 1 and/or 2 for additional services. v Complete items 3, 4a, and 4b. I also Wish to receive the following services (for an j i e Print your name and address on the reverse of this form so that we can return this card to you. extra fee): > a)permit. o Attach this form to the front of the mailpiece, or on the back if space does not 1. ElAddressee's Address ° ■ Write "Return Receipt Requested" on the mailpiece below the article number. ■ The Return Receipt will show to whom the article was delivered and the date delivered. 2• ❑ Restricted Delivery ch 0 3. A Icle Addressed to: Consult postmaster for fee. a Wbjoa k 4a. Article Number 7 vf���j 8 ICE E ! (OCA Al -20Y11 �J 4b. Service Type l v , ` j�fV 0 Registered El Certified w�o�l Jv F ` C1�, El Express Mail ❑ Insured c ¢ ❑ Return Receipt for Merchandise ❑ COD j Q7. Z. Date pf- Delive o 5. =eceived=r1inte 8. Address e's ddr ss (Only if requested ° x W, W, and fee is pard) c a 6. Signature: (Addressee or Ag nt� X c H . I w PS Form 3811, December 1994 102595.98-B-0229 Domestic Return Receipt ----- -- -- -- ------ -- Z 357 880 839 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse). N SENDER: ' ■ Complete items 1 and/or 2 for additional services. N ■ Complete items 3, 4a, and 4b. d ■Print your name and address on the reverse of this form so that we can return this card to you. iI, Attach this form to the front of the mailpiece, or on the back if space does not permit. CU Write "Return Receipt Requested" on the mailpiece below the article number. The Return Receipt will show to whom the article was delivered and the date delivered. o . rticle Addresse to„ 4a. Article a I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. umber — �7 &d X313 B SM(-C-7-1re 4b. Service Type &&1 u 10 � P office, to Z P ode 1_ LU Postage ❑Express Mail ❑ Certified Fee Special Delivery Fee Restricted Delivery Fee r Return Receipt Showing to Whom & Date Delivered < Q Return Receipt Showing cm, Date, & Addressee's dyes w N SENDER: ' ■ Complete items 1 and/or 2 for additional services. N ■ Complete items 3, 4a, and 4b. d ■Print your name and address on the reverse of this form so that we can return this card to you. iI, Attach this form to the front of the mailpiece, or on the back if space does not permit. CU Write "Return Receipt Requested" on the mailpiece below the article number. The Return Receipt will show to whom the article was delivered and the date delivered. o . rticle Addresse to„ 4a. Article a I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. umber — �7 &d X313 B (/6 ��, l�e 4b. Service Type 0 10 � ❑ Registered LU ��` ,�/_/��1� ./ f �7 t// ( r �(� /� / ❑Express Mail ❑ C, Return ReceiPty 7. Date of Deliv`rEr ir 5. Received By: (Print Name) 8. Addressee's Ac w and feeis paid. 6. Signature: (14 - Ad�ssee or Agent) rc) rorm 3o r ll, Uecefnber 1994 102595-98-B-0229 N. J U L 0 11999 cress (Only if reques Domestic Return Receipt J Nk% Pi NCf. - SJE.CK ( 6Ut1CIJEA L,� SE'i,JC 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'4 6 0 DoRE 11-�rJcgE-1-c DATE OF PUBLIC HEARING: T{{ -UCAS., If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during' normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (51,6) 765-1809 OFFICE OF ZONING BOARD OFAPPEAL5 53095 Main Road Southold,, NY 11971 (516) 765-1809 fax 765-9064 June 25, 1999 Re: Chapter 58 — Public Notice for Thursday, July 22, 1999 Hearing Dear Applicant: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times.' Pursuant to Chapter 58 of the'Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing to us.by the Friday before the hearing date, with the, post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed si4n no later than 7/14/99. Post the sign facing the street, no more than- 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing.. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures July 29, 1992 Appl. No. 4110. -7- Southold Tou 3oard of Appeals ACTION OF THE BOARD Upon application of THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. WHEREAS, a public hearing was held on June -4, 1992, and at said hearing, all those who desired to be heard were heard and their testimony.recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS', the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Article XXIII, Section 100-239.4B for a 15' deep by 67' wide open deck with hot tub as shown on the August 18, 1976 survey map prepared by Roderick VanTuyl, P.C., amended May 11, 1992, to be located at the rear (easterly) section of the existing single-family dwelling. Inclusive of all step areas, the setback of the addition is proposed to be 43 feet from the inside of the existing bulkhead. 2. The subject premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 4, Lot 28.25 and is identified on the Map of Fordham Acres, Section One, as Lot No. 10. This property has a frontage of 100 feet along the easterly.side of Gull Pond Lane and has a nonconforming lot area shown on the survey map to be 19,955 sq. ft. 3. The setback distances of the dwelling as exist are shown to be 58 feet from the existing bulkhead.at ordinary high-water Page 8 - Appl. No. 4110 Matter of THOMAS E. COFFIN Decision Rendered July 29, 1992 mark, 14-1/2 feet to the northerly side property line, 15 feet to the southerly property line, and 100 feet to the front property line along Gull Pond Lane (all at their closest points). The square footage of the house as exists per assessment records is approximately 1460 sq. ft. of living floor area, plus 650 sq. ft. of garage area. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip -rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. The amount of relief requested by this application is a variance of 15 feet for all new construction in this project, or, 20o from the established setback. 6. In viewing the area it is noted that at least one neighbor has construction (accessory building) built very close to the bulkhead. It is also,noted that a deck is not made of a substantial construction and will'not be adverse to the immediate land area or cause pollution to the waterway. 7. In considering this application, the Board finds: - (a) the relief as requested is not substantial in relation to the setbacks which have existed previously to this zoning requirement; (b) the relief as requested is not the minimum necessary to afford rel:;.af; (c) the relief as alternatively granted will not alter the essential character of the.neighborhood; (d) the practical difficulties are uniquely related to the property and are.not personal; - (e) the relief, as alternatively granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of.the town, or be adverse to neighboring properties; (f) in view of all the above, the interests of justice will be served by.granting the relief_ as alternatively and conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT relief for an open deck addition at the rear of the existing dwelling with a setback at 43 feet to the . Page 9 - Appl . No. - 4110 Matter of THOMAS E. COFFIN Decision Rendered July 29, 1992 outside edge of the bulkhead, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No permanent cover or.enclosure of the deck; 2. Lighting, if any, must be shielded to the property so as to prevent disburbing glare to other properties. That the deck, inclusive of step areas, shall notbe closer than 43 feet to the outside -of the bulkhead; In interpreting Section 100-239.4B of the current. zoning code, any structural enlargement or expansion within this reduced setback from the bulkhead, or other nonconforming yard areas, will require further application to and approval by this Board {unless legislative approval is enacted to exempt same). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Dinizio. (Nay: Member Villa). _This resolution was duly adopted. {Margin 4 to 11. lk