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HomeMy WebLinkAbout47063 72 APPtALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�o�OgpFFO�,�C G C4 x BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 1999 Appl. No. 4706 - RICHARD BRIGGMANN PROPERTY LOCATION: 272 Breakwater Road, Mattituck 1000-113-3-7.4 DATE OF PUBLIC HEARING: June 24, 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 a total lot area of 57,914.40 sq. ft. with 25 ft. frontage along a private right-of-way which extends off the easterly side of Luthers Road in Mattituck. The dimensions of the property are approximately 177 by 328 ft. The property is improved with a single-family, two-story frame dwelling, "as built" foundation for the addition, and an accessory above ground pool with fence enclosure. BASIS OF APPLICATION: Building Inspector's April 27, 1999 Notice of Disapproval citing Article III, Section 100-30A.3 with respect to the requirements of the Bulk Schedule, for an insufficient rear yard of the "as built" foundation at less than the code requirement of 50 feet. (No other variance relief is noted in this Notice of Disapproval.) AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for approval of an "as built" foundation for a proposed addition to the existing dwelling. The dimensions of the "as built" foundation are shown on the April 1, 1999 survey prepared by Kenneth M. Woychuk, L.S. at 25' X 25.2' and the setback is 46.5 feet from the rear property line at its closest point. ADDITIONAL INFORMATION: On March 16, 1999 Building Permit #25602-Z was issued for new additions, and the record shows that a survey was not required with the building permit application at the time. 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. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the relief is for a 3.5 ft. section at the north end of the proposed addition, which is minimal. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because a major portion (94%) of the foundation conforms to the required rear yard setback. 3. The requested area variance is not substantial because 94% or more of the proposed addition will conform to the setback requirement. 4. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. J } Page 2 - July 1, 1999 ZBA Appl. No. 4706 - R. Briggmann Parcel 1000-113-3-7.4 at Mattituck environmental conditions in the neighborhood or district. S. The difficulty has not been self-created. 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 addition, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Horning, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous 15-0) vote of the Board. RECEIVED--�- THE SOUTHO D O14 BY DATE �/7/yHOUR 3 -oozy 10 own CI•erk, Town o, Out ci._i NOTICi''OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 24, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 26f 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, JUNE 24,1999 at the time noted below (or as soon thereafter as possible): 7:50 p.m. Appl. No. 4706- RICHARD BRIGGMANN. This is a request for a Variance for approval of "as built' foundation dated April 1, 1999, under Building Permit #25602-Z which is located with a rear yard setback at less than the code requirement of 50 ft. This request is based upon inspections under Building Permit No. 25602-Z and the Building Departments April 27, 1999 Notice of Disapproval which cites Article III, Section 100-30A.3. Location of Property: 272 Breakwater Road, Mattituck, NY; Parcel 1000-113-3-7.4. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications 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:- May 27, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski �pQ.X el Y TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: April 27, 1999 To: Mr. Richard T. Briggmann P. O. Box 850 Mattituck, New York 11952 PLEASE TAKE NOTICE that your foundation location survey, dated April 1. 1999 For building permit 4 25602 Z, to Construct additions & alterations to an existing single family dwelling at Location of Property 272 BreakwaterRoad Mattituck, NFe�Yw ork 11952 o'�TuseTro� am et — County Tax Map No. District 1000 - Section 113 - Block 3 Lot 7.4 Y Subdivision: Filed Map No Is disapproved on the following grounds: Lot No. Under article III. 100-30A.3., Bulk Area & Parking Regulations. In the R-40 District, No building or part thereof shall be erected or altered in the R-40 District unless the same conforms to the requirements of the Bulk Schedule. The Bulk Schedule indicates that the required rear yard setback for the R-40 District is fifty (50') feet. The "As -Built" Foundation Location Survey indicates that the new foundation is located forty six and one half (46.5') feet from the rear property line The new foundation has encroached into the required rear yard for a distance of three and one half (3.5') feet. James A. Richter, R.A. Building Department r p F� ' OARD OF HEALTH ES i q egg l� �i ! �"' FORM NO. I �. SETS OF PLANS ..:........... f TOWN OF SOUTHOLD SURVE7 ....................... j BLD6.06Pf BUILDING DEPARTMENT IeHECR'........................ 7AWN 0`3nJTHOLD TOWN HALL SEPTIC FORM '............. SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: CALL Examined.....3a ....... 10)4 ` MAIL TO:...............,.. Approved..... :&?'......, 19.l.L Permit No. ..:............. ................... Disappmvedalc-. •......... ............................... (Building inspector) PLICATION FOR BUILDING PERMIT Date.,19¢ INSTRUCTIONS a. 'this application must be completely filled in by typewriter or in idc and siilmtted to the Building Inspectc 3 sets of plans, accurateplotplan to scale. Fee.according to schedule. b. Plot plan showing 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 most be'drawn on the diagram which is part this application..` c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector trill issue a Building Permit to the applicant. SL permitshall be',kept,on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS =MY.M61E to the Building. Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk iamty, New York* and...oeher applicable Laws. v..iir-r—,s or. Regulations, for the constructionof buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code; and regulations, and to admit authorized inspectors onpremises and in '1 for necessary inspections. (Signature of applicant, or Wane, if a torpor trot v.. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer,'general contractor, electrician, plumber or bu' ................................. yWN 1 2 ....................................................................... Name of owner of premises ......: tGHA42>.. AND.. �4 r;...+-�i�r.4C2n.Gr MA t— N................................ (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ...............:................................... (Name and title of corporate officer) Builders License No. fi. T Pltmbers License No.`..'..� {: \� ..........o c3E. D P4 I�Electricians License No..............Other Trade's License No. ....... ........... I. location of land on which proposed work will be done........................................................... ......:rZ..72..... r"a2 ..w......2 2........................ orla;ru�7!�................. . House Number Street Hamlet County Tax Map No. 1000 Section ..113......... Black h� �? ........ Lot 3.,.t( ........ Subdivision E`Y. 'f 4'..:.L9i Y.ln _ i??If?Pt �... Filed Hap _No.P::??: #.tLi9..,Iot .J?............. (Name). 2. State existing use and occupancy of premises and intended use and occupancy of proposedconstruction: � occupancy �r')& .... rSJA l?G.`..... a. Existing use and ......................................... b. Intended use and occupancy ... t�CF0ivr,>.1J )% �) 1 cA�r,1 ............ Nature of work (check whidt applicable): New Building .......... Addition ...!!..... Alte ...... Repair ............ Rauval Demolition Other Work .......... ^J@3...... ............. ............. -. ..(Description) -.-.. Rstivmted Cost ..(05 .45?4. ............. fee (to be paid o filing this application) If dwelling, ntmber of dwelling units ....f....... Umber of dwelling units on each floor Ifgarage, nnber of ears ... 7.......I ......................... If business, oommercial or mixed occupancy, specify nature and extent of each type of use....................... 3jl Dimensions of existing structures, if any: Front...��..2:+.. ... Rear ..J�r.�J...... Depth . ......... }leight ........ ..... �� 0 ............. Umber of Stories ....�`................. Dimensions of sa e.structure with alterations or additions: Front ... 5ki.1...... Rear Sa, 3...... Depth ............ Neight .31C.' ............. Umber of Stories ..Z............ t r C�,yyt Dimensions of entire new construction Front ..z4.......... Rear ... A-7 Depth . .��aa c Neight ....... 2-5 .1 ............. Umber of Stories ...17 ............... Size of lot: Front..3'.?-..I.(........... Rear ..�-.�??.'S.�L.d........ Deptt,.. 1.8Q.:.!....... Date of Purchase ...! l (g4........ Nae of Former owner Zone or use district in which premises are situated............................�.yy.................................. Does proposed construction violate any zoning law, ordinance or regulation: ..SY O ................. Will lot be regraded ... W)............. Will excess fill be removed from premises: YES Names of owner of premises Tr-q'kep.tS?Qh '% dre sAj1P.•O: S Phone No.z9s-Yg94p. ...... . . . .. Z.Ta. r�.wc�er'S~Zc� Nave of Architect ��-.:l� ;. j czr1 ................... Address yea.. k�tolZw Imo:. r KTar+ .1 11�Itiwne No. 19.: r'S2?. X6°7 Nam of Contractor 10. f;:-EP1*:UNi?........... Address .....-.......................I4-tone.No. ........... Is this property within 300 feet of a tidal wetland? * IES .......... NO ._V�..... *IF WS, SO:I1 ]" IUM MMM -3 PMMlT KW BE MQ[ KT). PLOT DIAGRAM locate clearly and distinctly, all buildings, whether existing or proposed, and indicate all set -back dimensions M property lines. Give street and block number or description according to deed, and show street Hanes and hid cate ether interior or corner lot. �3 ,- ? CX15" '15 Y1pM Interior lot - Aye crjiY '4-ree+ access j lS Via ?2;� t 0-=-Wlt u � 212 ?'&-'O� Oaker. CU M�#i lv elle ,tibt To F:5real 'UafY OF ....................... ri. �V .l ... ...............being duly sworn, deposes and says that he is the applicant .lane of individual signing�dotracC) hove nand, isthe ....'...................................-.... (Contractor, agent, corporate officer, etc.) I said owner or owners, and is duly, authorized to perform or have performed the said work and to make and file this 'pplication; that all statements contained in this application' are true to the best of his knowledge and ,belief; and [hat the work will be performed in the manner set forth in the application: filed therewith. worn to before me this cy ...... ..day of- ....... 19.G .�. _ Notary Public .09— . Notary Public. State of New York No.4951364 ry ignatvre of App leant) Commissioned om issioneExpires M Co2.19 I s�s�99) =, MAI TOWN OF SOUTHOLD, N YORK down Cderdt Southold APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAWE DATE..i"�__�MAY TO TI IE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD H Y I I 1, (We) . 1i4 ...i`!L�6 ?... ?dc f .... i' ,� X02 c��� Name of Appellant Street and Humbe .................................... ......... .... .HEREBY ',APPEAL TO Municfpoltty State. THE ZONING -BOARO OF. APPEALS FROM TI IE <DECISION OF nit BUILDING INSPECI.OR 01 i APPLICATION FOR PERMIT NO. ...... Akk92 • ........ DATED WHEREBY THE BUILDING INSPECTOR DENIED TO �a ..... ........... Name of Applicant for permit ofN!fl?€6L t�D 9Yl_lt— Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (Y) -cd 1. LOCATION OF THE PROPERTY 1±2% 5 St reet District 1000 Section i(�61oc(k � 63.Lot ®� boy Mop No. t i 3i 2. PROVISION (S) OF Tl- section tsection and Paragraph of t Article "iV Secti �r]tll�ed J Use, District' on Zoning ivbp owner, EEicH-N b -;P—lCC1v1flN 3 Owner S A JG ORDINANCE APPEALED (Irtdieate the Article Section, Sub. Ordinance by number. Do not grate the Ordinance.) 3. TYPE OF APPEAL Appeal Is made herewith for (please check appropriate box) Qll A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL Aliprevious appeal (hos) i s"not been mode With respect to this decision of the Building Inspector or with respect 10 this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. .........Doted............................r........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (�) A Variance to the Zoning Ordinance is requested for the reason that Faun 2111 (Continue on other side) I REASONS FOR AREA VARIANCE ONLY (ta 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, tf if granted BECAUSE:''-j1*PGz A-23 Na j l��Bt5�25 Pk' _)0e `'zEl `�PQA 012 `fAVD. - 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: JTic lA\ t 6 k 7%OT LF wt�lc } op- 'tom 6 , NO (- tMLtW-5 W5 , 3. The amount of relief requested is: not'su5stantial BECAUSE amu. T.K).-_, r+ -w_\} m_c, D wwk, -i G 5 LW -M EV int ` Qom,, .� ST- -�VW_ ThtiSE a 3 , 5 f(• L5 9 -Q -(2F (Z Qkae5TN_ 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE npf- , ?per g k9V t'Taf'j i5 5. Has e alleged difficulty been self-created? ( v/) 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) Agent must attach written consent from, owner. Sworn to before me this qday o BONNIE K 1AAZZARIPIRO NOTARY PURUC, StzYe'^_f Nava TGf?' Na. 52-4667Q2 -WA GOV* comndssSw� S'., Y'Y S'R1 Z:][TZSSSTT R? zxtlxi dorm.va: ''emp 1 / TOWN i' OF SOUTHOW` PROPERTY',RWORD CARD OWNER' STREET' VILLAGE DIST. SUB. LOT r. . FORMER! NER N� E3� /�G ACR. h cis 3 ��eeW Ors• S W TYPE OF BUILDING IEB.J SEAS. VL. 9 FARM COMM. CB, MICS, Mkt. Value LAND IMP. TOTAL DATE/ REMARKS ti h!`i, d kao 1 / 7J. / ry '• yJ t /�d �d o4�fia�rOtw r) m4 J0 c7 JG:Yj kJi Yki"h 171411 1� /�Oop �7+%I///moo "pP5! (larata > a / 7 2-c.:vL> 1Z r on'l -q' x Rea N F' illable FRONTAGE ON WATER Woodland ! ` ; c, c ,` FRONTAGE ON ROAD kleadowiand f DEPTH 'House Plot BULKHEAD a . Total4— c l Mrya 1•y�V-.ti Yi�`�V�Y#+ti'bkN vvw N"i COLOR TRIM '' ��■■��■�■■■■■■■■�■■ ■ ■■■ ■�■■■� ■ • ^ _ S.C.T.M. N0. DISTRICT: 1000 SECTION: Ili z BLOCK: 3 LOT(S);, 7.4 MON 7�7.i•�... E OR 63.0' Z' V i Q; 32.75- 2 STY, FR. DWELL GAR. UNDER CRUSHED STONE 81.0' U! FOUuOaTcohl LQ( -A --„0N UtnL a [�5 RS QUIREsil 50` Rw yam Dt5APP4lD�1AL RBIZUtatiO Y•z7-94 r CONC POST 0.8'N LAND T50NN05 OR E. I v3 ] LOT 26' 3v LOT 25 LOT 24 AREA: 57,914.4 S.F OR 1:33 ACES LOCATE FOUNDATION 4-16-99 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCAT/ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND- SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO .THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE RILE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THEN STRUCTURES ARE FOR. A. SPECIFIC PURPOSE AND USE 7HEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OFFENCES, ADDITIONAL STRUCTURES OR AND OTHER. IMPROVEMENTS.. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEEDUNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY PUBLIC WATER AVAILABLE ❑ WELL WATER ❑ INDIVIDUAL SANITARY SYSTEM ❑ ELE✓A TION DATUM- _________________________ SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: RICHARD BRIGGMANN & LORI MAP OF: BRIGGMANN; FILED: SITUATED AT: MATTITUCK TowN OF: SOUTHOLD KENNETH M. WOYCHUK L.S. SUFFOLK COUNTY, NEW YORK Land Surveying and Design 1LE g 99-45. SCALE: 1"=40' DATE: APR. 1, 7999 Calverton, New York 11991; 1 57,914.39 sq.ft, acres 0 .1.33 125' FEi 25' MOW OF WAY W 294.70' S 88'30'40' W LAND NIF OF A. STAHL 174,89' FOUuOaTcohl LQ( -A --„0N UtnL a [�5 RS QUIREsil 50` Rw yam Dt5APP4lD�1AL RBIZUtatiO Y•z7-94 r CONC POST 0.8'N LAND T50NN05 OR E. I v3 ] LOT 26' 3v LOT 25 LOT 24 AREA: 57,914.4 S.F OR 1:33 ACES LOCATE FOUNDATION 4-16-99 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCAT/ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND- SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO .THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE RILE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THEN STRUCTURES ARE FOR. A. SPECIFIC PURPOSE AND USE 7HEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OFFENCES, ADDITIONAL STRUCTURES OR AND OTHER. IMPROVEMENTS.. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEEDUNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY PUBLIC WATER AVAILABLE ❑ WELL WATER ❑ INDIVIDUAL SANITARY SYSTEM ❑ ELE✓A TION DATUM- _________________________ SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: RICHARD BRIGGMANN & LORI MAP OF: BRIGGMANN; FILED: SITUATED AT: MATTITUCK TowN OF: SOUTHOLD KENNETH M. WOYCHUK L.S. SUFFOLK COUNTY, NEW YORK Land Surveying and Design 1LE g 99-45. SCALE: 1"=40' DATE: APR. 1, 7999 Calverton, New York 11991; S.C.T.M. NO. DISTRICT: 1000 SECTION:413 BLOCK: 3 LOT(S): 7.4 1 57,914.39 sq -ft. 1.33 acres p 125' N FE 0.5'E 25' RIGHT OF WAY W 294.70' j r__ S 88'30'40" W LAND N/F OF A. STAHL 174.89' CONC POST 0.8'N LAND N/F OR E. TSONOIS v Z 0 LOT 26 02 p LOT 25 LOT 24 rouNOA'CtoN LOLA-rIDN Um'LA-rc.S RE'aLliga a), R1:,Fi� YeR� D ISAPPRONJAL. REQUiIM0 `f •Z1-9 g J AREA: 57,914.4 S. F OR 1.33 ACRES LOCATE FOUNDATION 4-16-99 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY PUBLIC WATER AVAILABLE ❑ WELL WATER ❑ INDIVIDUAL SANITARY SYSTEM ❑ ELEVATION DATUM: SURVEY OF: DESCRIBED PROPERTY MAP OF: FILED: SITUATED AT: MATTITUCK TOWN OF: SOUTHOLD I SUFFOLK COUNTY, NEW YORK a FILE # 99-45 SCALE: I"=40' DATE: APR. 1, 1999 N. Y. S. LIC NO. 50227 CERTIFIED TO: RICHARD BRIGGMANN & LORI BRIGGMANN; KENNETH M. WOYCHUK L.S. Land Surveying and Design Calverton, New York 11933 PHONE (518) 727-5127 FAX (518) 727-5127 maintaining the records of Robert J. Hennessy MON LAND N/F OR S 81.1320A. BERGEN f 180.5 p, 23.8 ,o _ z ROLM FE E/W x Pool x �II WOOD FtNCE „o FOUNDAT[m'; N 63.0' 81.0' 32.75' NC4 2 STY. FR. In DWELL N .d GAR. UNDER 32.75' W V nCRI NE V_ N 3 tv 0 z 1 57,914.39 sq -ft. 1.33 acres p 125' N FE 0.5'E 25' RIGHT OF WAY W 294.70' j r__ S 88'30'40" W LAND N/F OF A. STAHL 174.89' CONC POST 0.8'N LAND N/F OR E. TSONOIS v Z 0 LOT 26 02 p LOT 25 LOT 24 rouNOA'CtoN LOLA-rIDN Um'LA-rc.S RE'aLliga a), R1:,Fi� YeR� D ISAPPRONJAL. REQUiIM0 `f •Z1-9 g J AREA: 57,914.4 S. F OR 1.33 ACRES LOCATE FOUNDATION 4-16-99 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY PUBLIC WATER AVAILABLE ❑ WELL WATER ❑ INDIVIDUAL SANITARY SYSTEM ❑ ELEVATION DATUM: SURVEY OF: DESCRIBED PROPERTY MAP OF: FILED: SITUATED AT: MATTITUCK TOWN OF: SOUTHOLD I SUFFOLK COUNTY, NEW YORK a FILE # 99-45 SCALE: I"=40' DATE: APR. 1, 1999 N. Y. S. LIC NO. 50227 CERTIFIED TO: RICHARD BRIGGMANN & LORI BRIGGMANN; KENNETH M. WOYCHUK L.S. Land Surveying and Design Calverton, New York 11933 PHONE (518) 727-5127 FAX (518) 727-5127 maintaining the records of Robert J. Hennessy r 17 JUL 1 51999 I 1 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE July 9, 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. Applicant(Ys) Municipal File Number(s) Rose, Douglas & Amy 4672 Wiggin, Merlon E. 4689 Richards, Alan & Louise 4690 Shapiro, Barry 4694 McGough, George & Eileen 4696 Morrison, Mike/Chituk Pools 4703 Briggman, Richard 4706 Losee, Thomas 4709 Davids, Curtis 4711 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc GM I I CC\ZONING\ZONING\WORKING\LDS\JUN\SD4672.JUN LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. 0. BOX 6 100 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044 ' APPEALS BOARD MEMBERS - Gerard P. Goehringer, Chairman aJames Dinizio, Jr. 4/ Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 1999 Appl. No. 4706 - RICHARD BRIGGMANN PROPERTY LOCATION: 272 Breakwater Road, Mattituck 1000-113-3-7.4 DATE OF PUBLIC HEARING: June 24, 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 a total lot area of 57,914.40 sq. ft. with 25 ft. frontage along a private right-of-way which extends off the easterly side of Luthers Road in Mattituck. The dimensions of the property are approximately 177 by 328 ft. The property is improved with a single-family, two-story frame dwelling, "as built" foundation for the addition, and an accessory above ground pool with fence enclosure. BASIS OF APPLICATION: Building Inspector's April 27, 1999 Notice of Disapproval citing Article III, Section 100-30A.3 with respect to the requirements of the Bulk Schedule, for an insufficient rear yard of the 'gas built" foundation at less than the code requirement of 50 feet. (No other variance relief is noted in this Notice of Disapproval.) AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for approval of an "as built" foundation for a proposed addition to the existing dwelling. The dimensions of the "as built" foundation are shown on the April 1, 1999 survey prepared by Kenneth M. Woychuk, L.S. at 25'X 25.2' and the setback is 46.5 feet from the rear property line;at its closest point. ADDITIONAL INFORMATION: On March 16, 1999 Building Permit #25602-Z was issued for new additions, and the record shows that a survey was not required with the building permit application at the time. 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. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the relief is for a 3.5 ft. section at the north end of the proposed addition, which is minimal. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because a major portion (94%) of the foundation conforms to the required rear yard setback. 3. The requested area variance is not substantial because 94% or more of the proposed, addition will conform to the setback requirement. 4. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Page 2 - July 1, 1999 ZBA Appl. No. 4706 = R. Briggmann Parcel 1000-113-3-7.4 at Mattituck environmental conditions in the neighborhood or district. S. The difficulty has not been self-created: 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 addition, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Horning, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. r� ERARD P. GOEHRI RECEIVED AND FILED BY THE SOUTHOLD TOViN C LEFLK DATE -71-7117' HOUR Town Clerk, ! ow -n of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Bay Creek Builders P.O. Box 602 Cutchogue, NY 11935 BOARD OF APPEALS TOWN OF SOUTHOLD July 7, 1999 Re: Appl. No. 4706 - Richard Briggmann/Foundation Gentlemen: . 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 rendered at our Meeting held July 1, 1999. Please be sure to follow-up with the Building Department (765-1802) regarding the update or amendment to the building permit for the rear yard setback, in part, ""as built" A copy of this written determination has also been furnished to the Building Department for placement in its pending application file and update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Mr. and Mrs. Richard Briggmann Decision filed 7/7 C= s� ! y Z BOARD OF APPEALS `:. TOWN OF SOUI'HOLD (1-516) 765-1809 tel.. (1-516) 765-9064 fax Pursuant torti_cle Board of XIV of the Suffolk County Administrative Appeals of the Town of Southold, New York h Code The to the Suffolk County Planning Cc mission: ' hereby the following X Variance from the Zoning Code, Article III Section 100-30A.3 Variance from Determination of Southold Town Building 'Inspector i Special Exception,, Article Section Special 'Permi t s , Appeal No': 4706 Applicant: Richard Briggman Location of Affected Land: 272 Breakw County Tax Map Item No.: 1000 ater Rd., Mattituck, NY-- 113-3-7.4 Within 500 feet of: _- 'Town or Village Boundary Line __ 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 Chan the County or for which the County has established Channel Lines, orned by _� Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission..to Fart of "as built" foundation.Wrear yard setback op1eS o own a an re ate ocumen s enc ose or your -Dated:review. �w�c/ 1999 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: April 27, 1999 To: Mr. Richard T. Briggmann P.O. Box 850 Mattituck, New York 11952 PLEASE TAKE NOTICE that your foundation location survey, dated April 1, 1999 For building permit # 25602 Z, to Construct additions & alterations to an existing single family dwelling at Location of Property 272 BreakwaterRoad Mattituck New York 11952 House o. ee am e County Tax Map'No. District 1000 - Section 113 - Block 3 - Lot 7.4 Subdivision: Filed Map No. Is disapproved on the following grounds: Lot No. Under article III. 100-30A.3., Bulk Area & Parking Regulations. In the R-40 District No building or hart thereof shall be erected or altered in the R-40 District unless the same conforms to the requirements of the Bulk Schedule. The Bulk Schedule indicates that the required rear yard setback for the R-40 District is fifty (50') feet. The "As -Built" Foundation Location Survey indicates that the new foundation is located forty six and one half (46.5') feet from the rear property line The new foundation has encroached into the required rear yard for a distance of three and one half (3.5') feet. James A. Richter, R.A. Building Department RAIN GAP 5TONE VENEER CHIMINEY _ ifO.-�) ATTIC, FAN �o - 41v 4. /-- ' LOW 5LOPE FIBERGLA5 LOW SLOPE FIBERGLA5 ROOF 5HINOLE-5 ROOF 5HlNGLES WOOD PORCH, RAIL - STAIRS AND GOLUMNS GRADE EXISTING AND NEW SECOND FLOOR �o,e 7-9 V7A1►I r AD f 'LEVATION 74- _ i,-0„ SCALE DATE A5 NOTED DEG. IggB DRAWN CRAMPY CHECKED DATE DADDY DEG.IggB PRO.6CT NO. Soo Y � O 1-- O � �LU O z O L M rn — Z Z. O < w ui LLc � � N r N � v F � ~ � n o 0 � SCALE DATE A5 NOTED DEG. IggB DRAWN CRAMPY CHECKED DATE DADDY DEG.IggB PRO.6CT NO. Soo � � O 1-- IZ F M rn ui SCALE DATE A5 NOTED DEG. IggB DRAWN CRAMPY CHECKED DATE DADDY DEG.IggB PRO.6CT NO. Soo r,. EXTENT OF ADDITION ASPHALT 5HINSLE5 TO MATCH EXI5TIN6 6UTTER5 CONCEALED IN CORNICE — TO r MATCH EXI5TIN6 Ennis MEN mom Room =LOOR a Q m a. HOOD PORCH, RAIL — y 5TAIR5 AND COWMN5 mom memo ONES viii soon �:::In RAIN GAP 5TONE VEh CHIMNEY FIRST FLOOR APPf 6RA' on no a Q m a. HOOD PORCH, RAIL — y 5TAIR5 AND COWMN5 mom memo ONES viii soon �:::In RAIN GAP 5TONE VEh CHIMNEY FIRST FLOOR APPf 6RA' 1-1 zriaL sour+ LEVATION FIBERGLAS SLES OD PORCH, RAIL - �IR5 AND COLUMN5 ❖i 1 .. _r..iribi ATTIC, FAN RAIN GAP STONE VENEER CHIMINEY EXI5TING AND NEH SECOND FLOOR <L EXISTING Q FIRST FLOOR W "I: NEW FIRST FLOOR DINING AREA KITCHEN BREAKFAST AREA INFILL EXIST. WALL IN 2 X 69 TO RECEIVE STUDS FOR ADDITION LIVING AREA bxb POSTS UP (5 ATTIC PLAN FOR LOGATION5) bxb P05TS UP - 4 DOWN POCKET DOOR - 'FOYER 6x6 POST UP (.- ATTIC, PLAN FOR LOCATION) Q bxb P05T UP 4 DOM TO FOUND. IL bx6 POST UP t DOWN TO FOUND. 5 1/4' x I I -7/8" P5L LINTEL a N N iv FAMILY ROOM FUTURE 12' HI&H RA15ED STONE HEARTH bxb POSTS UP 4 TV ROOM S O 1/2.0 13'-11 1/2" 5 _Q 10'-3" tt '-8' bxb P05T UP 4 DOWN TO FOUND. 8'-0" _4 N 1852 - r �� m 1852 9 N (V ZERO CLEARANCE FIREPLACE. PRO, AND CLEARANCE- BY 60VERNIN6 c, STONE VENEER INFILL EXIST. WALL DOOR W/ 2 X 65 TO RECEIVE 571.05 FOR ADDITION NOTES = in WOOD PORCH Q efi _ N I -ALL NEW WINDOW HE1644T5 TO MATCH EXI5TIN6 r- HEIGHTS. WIDTHS TO MATCH EXI5TIN6 WHERE " • '. DESIGNATED BY A ALL OTHER WIDTHS =*f6d-. ARE APPROXIMATE AND SHOULD BE SELECTED N i 1 7 EXI5TINO RE5IDENCE 12'-btl BEDROOM MA5TER BEDROOM INFILL EXIST. WALL — W/ 2 X 6s TO RECEIVE STUD5 FOR ADDITION BEDROOM REMOVE WINDOW d CLOSE UP TO MATCH ADJACENT SURFACES 6x6 P05T UP TO ROOF (SEE ATTIC PLAN FOR LOCATION) REMOVE WINDOW HALL a INSTALL NEW 50VND IN5UL. DOOR r 6 X 6 P05T UP TO ROOF t DOWN TO FOUND. (SEE ATTIC BATHROOM PLAN FOR LOC) OPEN TO BELOW --\ BUILT --IN —� flMER w LEADER TO EXIST. U/6 SYS. 251-0" a 2046 IL 4 X 6 POSTS UP ATTIC d DOWN TO LINTEL s n iv 2046 11-10" Pj O i FUTURE STUDIO ® a N 1856 ►�- v1 6X6 P05T ABOVE SEE ATTIC PLAN f r FOR LOCATON X _ z EXTEND PLUMBING LANE5 J FROM FIRST FLOOR a 0 3068 CAP OFF FOR FUTURE 7 BATHROOM. = O q1-9 1/2° 4 X 6 P05T5 UP ILL EXIST. WALL TO LINTEL t ON. INFTO FOUND. r Ki 2 X bs TO RECEIVE 1856 STUDS FOR ADDITION (V O LINTEL 5-1/4" x -1-1/4" PARALAM op GI Atl 1 1 tl 81 /1" 0 7 op BUILT-IN 6l1TTER YV LEADER EXIST. Q N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER b00 3. ' 30 E \ ���, __ �1 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: May 5, 1999 RE: Zoning Appeal No. 4706 - Richard Briggmann 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 4706 - Richard Briggmann. Also included are Notice Of Disapproval with Building Application attatched, Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, copy of Building Permit #25602 Z, Letter Of Authorization„ copy of Survey and copy of Plans. I FORDS NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Torn Fall Southold, N.Y. BUILDING PERMIT ( THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. --25602 Z Date MARCH1.6,__ 1999 Permission is 'hereby granted to o. r RICHARD T BRIG0.14ANN PO BOK 050 Y,ATTITUCK ,n 11952 for ° CONSTRUCTION OF A TWA? 5TOF23t ADDITION WITH ENTRY DECK FOR AN EXIST- ING SINGLE FAMILY DWELLING AS APPLIED FOR. at premises located xiC . 272 BREAKWATER RD _ MAT'I'YTUCK- r County 'Tax Map No. 473889 Section 113 Block 0003 Lot No. 007.004 pursuant to application dated FEBRUARY 19 99 and approved by the Building InapEector. Fee $ 180.40 Rev. 2/19/98 COPY Y � I BIGGS-FOGAR�l `I' 613 P01 Richard and Leri Brigginann 272 Bveakwuter Road . P U. Boy 850 Mattiwck, N Y. 11952 (S 16) 298-191)6 May 4, 1999 Town of Southold Building Depari.mcnt Dear Sir.,. This letter is to infirm you that fUdiard and Lori Briggmann autllort: e Doul; McGann to act on our behalf to apply fio a bUilclinf; pcPl t Im the addition on our house at 272 B•reakwatcr Road, Mattituck, New York 11952. ThIlk v U. r Lori L BrIggit at�t QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any individuals (and entities) having a financial interest subject premises and a description of their interests: (Separate sheet may be attached.) vto ,g other in the B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( ) Yes {?O} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes Qq No D. 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulbetween the wetlands area and khe ded the upland building area? aJ il 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below bfistate Vefeet Neve")ean sea level._ (If not app F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting?- If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? 4 If yes, please submit a copy of your building permit and map as approved by the,Building Department. If none, please state. trr_s�ltmwj �s %N P H. Do you or any co-owner also own other land close to this parcel? = If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel S(W4t-C F.�yAo-'4 2FstDoic;_� and use � 1 Foist !'\i W 1191=9 3/87, 10/901k TRANSACTIONAL DISCLOSURE FORH The Town of Southold's Code of Ethics prohibi lent the town of possible conflicts of interest and allow t to take whatever action is necessary to avoid same. YOUR NAHE : '� ICC �3QlCQfi N1 R1�i (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance 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 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 nota corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted tis day of199T Signature Print name �r AVPEAL✓S BOARD MEMBERS , 1 `Gard P. Goehringer, Chairman ,,,Q� James Dinizio, Jr. n.I�` Lydia A. Tortora �? Lora S. Collins George Horning BOARD OF APPE TOWN OF SOUTH MINUTES THURSDAY,,JUNE 24, 1 REGULAR MEETING Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516).765-9064 hone (516) 765-1809 R�C��IVED SND SOU7"70LDTOFj��D BY D , Ts VITT$ CLEPK To V:,,ni CIer1z, T°w� o� Sougp�old A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEAEt Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THU 1999 commencing at 6:35 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member Linda Kowalski, ZBA Secretary. Absent was: James Dinizio, Jr., Member 6:40 p.m. Chairman Goehringer called the meeting to order. I. SEQRA RESOLUTION: A. Motion was made by Chairman Goehringer, seconded by Member. Collins, and duly carried, to declare the following projects as -"Type II Actions" (no .further steps under SEQRA) for the following setback, lot area, building length, and/or accessory use projects: #4696 - George and Eileen McGough #4697 - Fred and Maly Milner #4698 - William Lieblein #4699 - Lisa Jerome #4702 - Dan and Madeline Abbott #4703 - Mike Morrison #4704'- James Hunter #4705 -Raymond Mitchell #4706 - Richard Briggman #4707 - Nancy Wellin #4708 - Mark Ueb #4709 - T. Losee #4710 - J. Fraziitta. #4711 - C. Davids. Page 2 — Minutes Regular Meeting of June 24, 1999 Southold Town Board of Appeals #4662 - P. Rushin & Motley. This Resolution was duly adopted (4-0). B. COORDINATION LETTERS: Mattituck Library - Planning Board, Lead Agency/Unlisted Action Designation and coordination letter (for all involved agencies). Reviews pending. II. PUBLIC HEARINGS: 6:35 p.m. Appl. No. 4685 - VINCENT TORRE. This is a request for a Variance under Zoning Code Chapter 100, Article III, Section 100-31C(2) 'based upon the October 20, 1998 Notice of Disapproval (updated January 27, 1999) regarding, a building permit application to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery, disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A -C Zone. Location of Property: 100 Sound Avenue, Mattituck, NY; Parcel ID 1000-120-3-1. (No appearances were made.) Applicant, by his agent Proper -T Services, Inc., requested a postponement. Motion was made by Chairman Goehringer, seconded by Member Tortora, to recess the hearing to the July' 22, 1999 hearings calendar, pursuant to applicant's request. VOTE OF THE BOARD: AYES: Goehringer, Tortora, Collins, Horning. (Member Dinizio was absent.) This Resolution was duly adopted (4-0). PUBLIC HEARINGS, CONTINUED: 6:38 p.m. Appl. No. 4687 - PRISCILLA STEELE. This is a request for a Lot Waiver under Chapter 100, Article II, Section 100-26, for a .substandard (vacant) lot known as 275 Village Lane (west side), at Mattituck, NY, situated approximately 122 feet north of the Main Road, identified as Parcel 1000-114-6-5. This request is based upon an application for a building permit and the Building Department's March 22, 1999 Notice of Disapproval which states that Article II, Section 100-25 merged this lot with an adjacent house lot to the west referred to as 15405 Main Road, Mattituck, Parcel No. 1000-114-06-03. Richard F. Lark, Esq. spoke in behalf of the application. Also present was Mrs. Steele. After ,receiving testimony, motion wasmade by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the bearing. This Resolution'was.duly adopted (4-0). IV. AGENDA ITEM:. A. Motion was made by Member Tortora, seconded by Member Horning, anddulycarried, to approve the Minutes for the May 20, 1999 Meeting. This Resolution was duly adopted (4-0). B. Code Committee Sessions (none scheduled). 0 s 9 r.r. ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK In the Matter of the Application of e tG1Wd 2 g" mli (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) C�@C�flNI IE JUN 1'81999 �I J AFFIDAVIT OF POSTING I, 'Q(yj& . 4J V a residing at 2.3�i tx,l, r V-�' Y� fir-' St.,r�tiv , New York, being duly sworn, depose and say that: On the q, day of S'Nf - ,19_�A, 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 remained in place for -seven days prior, to the date of the subject hearing date, which heari was shown to be E - L (i ature) Sworn to before me this «qday of 3 , 19`? (( . Lam( tary Public) *near the entrance or drivew, passersby. ROBERT I. SCOTT, JR. Notary Public, State of New York Qualified in Suffolk County No. 01 SC4725089 Term Expires May 31, -_ ' entrance of my property, as the area most visible to ca � u C13 U- ;�_ 2 (L O7 M 2 11 o Q 0 c M m * c) � N Q'tCC v ` (0 Cn C N pMggp. C Z0 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x rii the Matter of the Application of P,I,C"p ftkawkw (Names of Applicants) Parcel ID #1000- I(3- � - 1, __________________________________________________________x AFFIDAVIT OF JUN 1 81999 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, povk &/ MCCM residing at 2.3.x' U`dLcy-5 -1 dLVL— , New York, being duly sworn, depose and say that: On the 6 day of �TUhC , 19`10( , I personally mailed at the United States Post Office in ey-TZy"VIE' , 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 9 1 Assessors, or ( ) County Real Property Office J- iyy-wj 6,,, -�04_A lktl , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (signature) Sworn to bef r e me his 9 \�-``day of Q 9? r• ROBERT I. SCOTT, Jit. Notary Public, State of New York Qualified in Suffolk County 31, i bap �Iah a I E O a I DOSE ��� sd the lot numbers next 4 �3 o U o E 0 a N as m N a C 3 g b o a _ Cd U lU d � a O 1�Nl Z N d O a� X10 .rte- Q V aai C E v X11 ((Q}} \ Y[J a a Cl) in a a Y 566l. p 091 wjod Sd 31, i bap �Iah a I E O a I DOSE ��� sd the lot numbers next A I(3.—�'—`'� a �3 �WVavo w PS Form 38 I Decemb r,1994 Domestic Return Receipt cess -->i 7 K 5 (xe5T' MA'TiitiCg 1 Consult 4a. Article Number postmaster for fee-. a 5'4o as fill 4b. Service Type v I also wish to receive the e 3 SENDER' following services (for an •p ■Complete items 1 and/or 2 for additional services. extra fee): 'y items 3, 4a, and 4b. form so that we can return this ai d ■Complete ■ Print your name and address on the reverse of this back if space does not 1. ❑Addressee's Address i 2 i d card to you. or on the ■Attach this form to the front of the mailpiece, Restricted Delivery number. 2. sult U) d i' ` permit Reef�eceip�uvilRl show to whom the article wasldeli delivered and the date Conpostmaster for fee. 'Ss o c G ■Wait RRet delivered 4a. Article Number � .°a 3, p � Addressed to: q 931 `�I � d • dC 4b. Service Type v Certified c I �-=-E 1� [I Registered *�•'C_�i`3 �� j � • [3 Insured •y . ` d SENDER' , } W o + 0■Complete ■Complete items 1 and/or 2 for additional services. I also WISh to receive the items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this card to you. extra fee): t ID i1 y ■Attach this form to the front of the mailpiece, or on the back if space does not 1, ❑Addressee's Address permit ` y f- ■Write°Return Receipt Requested' on the mailpiece below the article num ■The Return bar. 2. .11 Restricted Delivery ReturnReceipt will show to whom the article was delivered and the date f N l 0 c delivered. Consult postmaster for fee. 3. Article Addressed to: °• 6.. 4a. Article Number r. df� a KILL- bm �53vA-�%E 4b. Service Type 6 WET ❑ Registered Certified ¢ 1 ❑ Express Mail ❑ Insured 9 4 Return Receipt for Merchandise ❑ COD ` • ¢ Z I 7, Date 9f livery [ � 5. Received By : (Print Name) 8. Addr ssee's Address (Only if requested MI >°. Y� ' 6. /I a� f 7 and e is paid) Signature: 1 (ddressee 9r Agent) I o' '' X f r w PS Form 38 I Decemb r,1994 Domestic Return Receipt cess -->i 7 K 5 (xe5T' MA'TiitiCg 1 Consult 4a. Article Number postmaster for fee-. a 5'4o as fill 4b. Service Type v ❑ Registered e 3 ❑ Express Mail 0 -Certified Irw - Retum Receipt for Merchandise ❑ Insured EJ c COD 7. Date of Delivery w� 8. Addressee's Address y and fee is paid) (Ont tf requested a e m i �1A'Q,P1A11Jr'AC.' �RT Of %lSBaitT"�Ol�r�� rleAfm NOTICE OF HEART NOTICE IS HEREBY GIVEN that a public hearing will be held by SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main R.,M,., Southold, New York, concerning this property. OWNER(S) OF RECORD: Jeic/�A�d 1��t'i6GMgN� DATE OF PUBLIC HEARING: %fiURS, divj c � , 1��� 731. 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 Missio - locate, an accessory, in- groun4 riming " ,pool W, an area other L__ he required, rear yar at 30100, .,Main jKp4d, ciitchoiiiOi; Parcel A -rz0M4 ._;25,p.in;App ., No ..47,02 ,AND?hAbkLiNt.'A' BBOTTiThis is a 7Z-S�clw i, tinder Ahicle.11 request , c ti on 100-26 foja ' sub- standard, ubstandard1 vacant, tot,referred *!to,, as 355 ' bardi'n'ers'."B'a"y'.ts-tait6s,' NY.'idefiti- tied' onthe Suffo- k64nty.Tax kap's as'Distrlit j*,­$e&ion,37, Block,4, Lot 11_19 ' 9*9,, which statA Districfj( have: mei Section l( Q�(F� , I (ei - 1983.- UFM referred 7t6*, Marion, NY NOTICE OF .17 :3 .0, p.rn PUBLIC HEARIN GS NANCY -W ­. '.,! SOUTH( jLD-TOWN:`: , for a 1�9U,. Smion.400 -'--`,;'BOARD OF -��NOIICE-� IS" HEREBY.,GIVEN refe.iied_`t& to'Se, pursuant �, io -COJ& of th 'T 9%vq.o �01 ­.e,� Bloick,,'&, Sbuthild,'th�_fbllo j p icatigns. o ;.�M-WhWd- for`--publie.1q�iijmjk.`-by, 7* ' ­ ' based asqdoq.x 'i "SO0rkOILD-'TOWN;6O ARD the b�tl'�,'37. This `request`. Qr,a build-.. Town: Hill 5369'�:,-,MaOF 'APPENLS;::?at=the iji Road; Depaitinen I f D'66pi 0 ' S Southold;; -at - Iqts, 32 ir Section 10 THURSDAY; -JUNE44, 1M the dBlock ,37An District'100%ave mer '. tiin6'n6ted-be1 unde�,,Arti -,due Aa,'�coi time, `6.35-p.ni;--��OpLANo. 4687-'-...- 'he Town of Southold, County of Suffolk and FRISCILLA-S'TEELE'This, is-'-. a ts-a request fof-,4 gn eK dard in -:si Chapt#.1100, Aiticl�:Il, Section.100- - arly published in said Newspaper once each LINTER. 17his,§.kL�request ldcate iin in -ground 7:35,. p.m known, ,,..::JAMES JAMES H . - side),"ai-,Mattittick,'f,NY,' 'situated. V, fqr a . aiian apprgxim'ately. 11216k,noith:bfifie�`, i-wininiiiij;j. Mai '.Road,, identified as,??ircel ._--:, 1000-114-6-5. Xhis, v4dest'19--base Oj: the require don ii.biq upon -,an,,applicAii6h',"for,.a- building :.j building - _;.. permiit,,.­.: -:,and ,Building'• pep#rtateri t'b* p�r Departiiient's-M'a'rch22."1999:Notice',,,,,,z-,;O,, -,,1s41. f Di o. isap' fiat' '5' 114-,� ectio Pro err A 00-2 - mbr'g'ed,-,,. h 1 'lotto .this1ot-with an`adjAcbht, puie- out 9k4i t 'in -the �mesi4derrcd.f6:iisj 405--'Ma'm,., Lay of 19 Road,�.Mattituck,",)'Pdicel - 4 OSTER MARY DIANA F ZZ, NOTARY PUBLIC, STATE OF NEW YORK 114-06-03, request ,, J9 addition/al p.im. Appld.No. 4708.—'LIEB ..CELLARS -Vgiiiaiices.are.r'e�q�g'ested— single. - to extend -th�.i�idifi-,'bf�*two.b�uiliiiiigs",. suffided, creatingmor6 - thiL . n,60 ft.,�offronta ge;-:,, I­'_�This i�4u`estli ed,u o wap J."`. b Feqikes,t!s,, for�i building if and the jai Building jq 'cation i .�..Building-_ e ent`s,:,- May 7,_.. 1999.* Notice ,of �*tici X". Notke of isi e_,", -",, Vlll�'­Se&idmill, 3 ).",Location y-_.,35 X3 e eck,-�Lane, Location:- Hiai4tha; -of'-Prop- a i uq,.-1000-121-, tit i k1i 4 Parcel 1,001 '44., """7-50 'p.i p�. 'in RICHARI `"GEORGE:'`ANJ c eatt iGOUGWIT,hii-�'is, -aequ 0 of , "i90 " - -. , e " , cc ` � 4" tridt-`Orkht,,iNY�:Parcel a i W u s pCipEs ebrqtkry,.26,�' r6vil (#Zof -2 /_A S t t ' _6 'a - Yb xd,,mi Ahei: <: ss aragc�M,r iea P, -,�No.�.,4 97 _0 6 _0 FREWMILNEWIT lffidtr',Zouinj�'�C- 0-ide 0 for,,; ifiiihce� top, Affidle;XXIV,4 . o qod-&C,'­ le of Ut`�i8verag :,.-Murn.�1,9" aid thaif-10 ,feet 't ii ..1at A ni rear,.yaro�'at.`kss tharf,,35'16�L'4hi�_ "'i based on SO application t -the 13U %�4 -,N6tice 'of. R jnsoOi A kil� j�J999_ -.,DisaD at, dri:AbhrdvaIof,,,!4: '-.8A ddiirNiEpool; tfi3uil erzni0,`#19$777Z" d P Sectit uia6l,- dition" . 1 9 ---NY;, Paf0pl-1000426- �!—MIWMOR , RISON requh lotice,i of: Disapproval 'ihiii'1�6ts, i4 and -.15 rt based; 0,,:Sectipn, 37,�, Block;4, ea " "dOir'_,.,ArtirI& ;- 11; du . ginnion ,t] anyAuine,since *July 'I, , -.1 1. 1 , LW 15. `is -'W House lot Piac6," East -,'Apel.. . No.�-4707 LLINjjhisU 0 request., V"', , ­ " d", -AA * er Article 11, under- �01 .4iyer r26j6r',`4.vic dirdAn as : i-10 .9ratio,'Amenue, STATE OF NEW YORK) Nyj.�. Suffolk; County. iTu, ­ i- . 0 ct,'.4000,,',.,Scctio`n-4 7j. )SS: b�tl'�,'37. This `request`. Qr,a build-.. OF SUFF _.;ippjic;i.tion4 1—- 1, 1- the.��Bu'jlding, t. - .-OUNTY I said f attituck, in se -� i� (i o o m V ;i �A ijl 29 .1999 , .►0 1'1WL1L;V 6vil - whicfi�.states - :aunty, being duly sworn, says that he/she is dBlock ,37An District'100%ave mer '. rinCipal Clerk of THE SUFFOLK TIMES, a cle_ll;,� ecty newspaper, published at Mattituck, in riniowownership,-aVa'ny 4ji, 1;,,198j., CTM;Lot--32 'he Town of Southold, County of Suffolk and corner: lot­a'ls6's`u*bsta'n- State of New York, and that the Notice of which ie,,jqfqrFp4,,,,to , 4s,-_'200 id,'.Mattituck, NY.-�:,,,4- �-.,he annexed is a printed copy, has been regu- arly published in said Newspaper once each LINTER. 17his,§.kL�request ldcate iin in -ground veek for weeks successively, iki,an.#qa qt4qptha . n II.Ca ,ypaF.yaF4. T is-pipp, omm cing on, th A day r 4 . .4p9gan,appliqAtioP for if n L 19 pqrTi t� . Atidj1he'Building ' t; 22;,j�??',_ L Notice dj§l,,.whic4 ii,:,-.100�33. Location, a f , 1 , 227 . -S 1 6 - undvic�v Aviiiiii., Principal Clerk 1060-54-`6-2.6 ',Apj;I-No.476�' RAY*-' 'This:-, ls' -'a',, ITC,HELL'... iworn to before me this , V ­ a,. ariance.jo Jociit��. io,:"the _e:xisii�ng Lay of 19 teration" ly';dwelling,'wi h h 1 with; i * n- ' ft""it 4 OSTER MARY DIANA F ZZ, NOTARY PUBLIC, STATE OF NEW YORK yard-ietback.I:1his. upon -an application -4655242 COUNTY NO. 52 SUFFOLK COU EXPIRES AUGUST 31,19 Idi'ii'g'..,'.Permit,�:and'-'ihe COMMISSION sp!6c.-to rt 4n4arv'5" 1999 'Sciui4oId,'!%',N* riO;,e f 6F,opproy allocat, W`- - h 46 -,',"4709 .is; is a requesx .a;setback's at !!r!ni,t'..';d#ted­ alp�Ociting':Article.,XX;11, 1425 Nassau ;P&fi( Road, CUR ariance..'is'- v, - ,.a setbAc -at,buffian-ttie., 5:64`if6in-,'ihe . rear rPrQP7� N1! 4e.,Az FOR BOARD AND STAFF USE Updated New Information