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Home My WebLink About4737APPEALS FJOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 18, 1999 Appl. No. 4737 - ELYSE BORAK 1000-126-9-14.1 STREET ADDRESS: 8045 Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: August 18, 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 subject property consists of 21,220+- sq. ft. with 90 ft. frontage along the north side of Peconic Bay Boulevard in laurel (near Mattituck). The lot is located in an R-40 Low -Density Residential Zone District and consists of land formerly deeded at two lots (the lots were merged and combined according to the tax assessment records on May 29, 1985). The subject lot extends a depth of 263+- feet north to a private right-of-way. This lot is improved with two buildings: (a) an one-story, single-family dwelling situate at 42 feet from the southerly (front) property line and side yards at 8 ft. from the westerly line and 35 feet from the easterly line, and (b) accessory garage located 3+- feet from the easterly property line behind the dwelling. BASIS OF APPEAL: The Building Inspector's July 21, 1999 Notice of Disapproval, under Article XXIV, Section 100-244 for a proposed addition which will encroach into the combined side yard setback at less than the required 35 ft. minimum. Applicant proposes total side yards of 28+- ft. total for a 15 -ft. wide addition at the east side of the dwelling, leaving a setback of 20 feet. AREA VARIANCE RELIEF REQUESTED: Side yard total of 28+- feet (8+- feet exists at the west side and an east side of 20 feet) for a proposed 15 -ft. one-story addition to applicant's dwelling. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board made 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. The proposed addition will be partially screened from view of the adjoining property owner by a four -ft. high wooden fence that extends the full length of the applicant's property on the west side. The size of the addition is modest and will enhance the appearance of the house and be a benefit to the surrounding neighborhood. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the lot size is nonconforming and there are no other exterior areas of the house on which an addition could be constructed without the applicant incurring major renovation costs to existing rooms. t, Ppge 2 — Appl. No. 4737 - Elyse Borak Regular Meeting — August 18, 1999 Southold Town Board of Appeals 3. The requested area variance is not substantial and represents a seven (7) foot reduction in the code -required 35 ft. combined side yard setback. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the addition is most and will be an improvement to the house and the community. 5. The alleged difficulty has not been self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community, while enabling applicant the benefit of an addition. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, 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 (5-0). i7 Filing on or about 8/25/99 RECEIVED AND FILED BY THE SOUTHOLD TOW14 CL -"l'-"7 DATEg zS_199 HOUR/ - ZoPW. Town Clerk, Town o!_cu2:.o'.1 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS WEDNESDAY, AUGUST 18, 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 beheld for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on WEDNESDAY. AUGUST 18, 1999 at the time noted below (or as soon thereafter is possible): 7:10 p.m. Appi.No. 4737 ELYSE BORAK. This is a request for a Variance under Article =V, Section 100-244 based upon the July 21, 1999 Notice of Disapproval regarding a proposed addition withsa combined side yard setbacks at less than 35 feet. Location of Property: 8045 Peconic Bay Boulevard, Laurel, NY; Parcel #1000-126-9-14.1. The Board of Appeals will at same time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements hefore the hearing is concluded.Each hearing will not start earlier than designated. Files are available for review during regula,*-' . Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: August 2, 1999.' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski FORM N0. 3 \9 TOWN OF'SOUTHOLD BIIILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: .July 21: 1999 To Elyse Borak ................................. 8045 Peconic Bay Blvd. Laurel New York 1948 ................ r. . PLEASE TAKE NOTICE that your application dated May 7 19..q9.. for permit to construct anaddition .at $045 Location of Property Peconic.Ba.Blvd........ Laurel_.__ ......... House No. Street Hamlet County -Tax Map No. 1000- Section .... 126..... BLOCK...9 14.] ...... LOT ............. Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds .......................... that the proposed addition encroaches on the combined side yard setback. Under Article %%IV, Section 100-244, nonconforming lots require thirty five (35`) feet combined setba, (21,649..32 sq. ft, nonconforming in an R_40 Zone.) 35' required. +/- 2$'..proposed ... +J- 7' encroachment .._................................................................................. BIIILDING INSPECTOR RV 1/80 It �.✓ i 1 BQ4:RD OF HEALTH ...... } i PORN No. 1 3 SETS OF PLANS . ". i {� TOWN OF SOUTUOID SURVEY ��Y 7 L ; BUILDING DEIAR71MUT CNECK-: TOWN HALL SEPTIC F010i ................... S Dts.'DEPT. SOUTHOLD, N.Y. 11971 TEL. 765-1802 NOTIFY: CARL �a/... Exanined.................. 19.... MAIL .TO: ....... .......:..... Approved 19 Permit No. .. Disapproved a/c... 1. 5'Ft.- ........ ........ .......:...... G%�ty .. ..........:.... (building Inspector) APPLICATION FOR BUILDINU P91WIT INSTRUCTIONS / B, 'Alia application must he completely. filled in by typewriter or in Ink and submitted to the building Tnapector wi 3 sets of plans, accurate plot plan to scale. nee according to sdiedule. b. Plot plan Showing location of lot and of buildings oo premises, relatlouslilp to adjoining premises or public streets or areas, and giving a detailed description of layout of. property mist be dram on the diagraac9iids is part of cilia applicatiai. c. The vork covered by this application may not be crnmenced beforg Issuance of Building Nnsit. d. Upon approval of this application, tiie Building Inspector will issue a Building Permit to the applicant. &icii permit shall be,kept oo the premises available for inspection thro41cut the work. e. No building slwll be occupied or used in 4iole or in part for any purpose whatever until a Certificate of Occupancy shall Dave been granted by the building Inspector. APPLIGNrIM IS IEMU Mk= to die DuildinilDepartment for ti:e issuance of a Building Permit pursuant to the Building Zone Ordinance of the Tow 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 derolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and rel tui d to ad alt aS:.o-izaJ Inspectors .ow, -p7-c4aes ,.ra in buildirz F�j+, rxec easaz., . InspectionsR (Signature of applicant, or name, if a corporation) S... as,a�....1................. (Halling address of applicant) State w1ledwr applicant is(owner, leasee(, agent, architect, engineer,'general contractor, electrician, plurber or Wild P-t':�.T'4............................................... Nate of carer of premises ..�..�:�1.5. ........h� C?Y.fh......................... (J(f tiie tax roll or latest deed) If appli c �an rt ins a corporation, signature of duly outliori=l officer. ..'.v/A.........4........................ (Name and title of corporate officer) J Q _Q lkiiltkra license No. .... �T .....(..1.�.:(.,J. , Plurbers License No. Electricians License No. .....I............... � .Other Trade's License No . ............:.......... } 1. location of land on diidl proposed work will be tome. `c.Q �1,P �........................................ house Amber Street .................... •liaaleC ; f County Tax Nap No. 1000 Section ....... r�f:... Block ......... Lot Subdivision ............. ... ................. Filed Ha (Name) P No. . ..... :,. lot . ..... 2. State existing use and occupancy ofemisea and intended use and `}occuiiancI of proposed construction: a. Pxisti% use and occupancy b. IntendedAC1Kyj ....... .... use sod occupancy ....... O . ......................c� x s " 4114. v:tYl7 }i llj........... geliqX4 ova tiatttra of work (dteck wtifdv spplfeat� :Y New Wilding taklition Relwir .,...., . Removal Demolition . Alteration .. Other Pork ,,,,, , Lstinrt,teal Cost �:-?�fl�;-% ... 1Rkscription)....... fee ........ _ lE d sills (to be paid. on filing this altpl)cCtion) A4011119, cxniter of d,ellittg units �•�a Mvber of ch,etling units on eadt floor.,•; re 7 LaM Ifaurage,t%mber of cera .............................:..... tr'•rr ,'. 3fti• -. If In,siness, rontneretal or mixevt occtalvancy, sitecify nature arxl extent of east, type of use., 1)""ensiate' Ik:igltt of existing t'structures, If arty: Front ....3�, a ...... deer ..•.•.• ........ #niar ..... of Stories ..... 01metsions of safe structure pith alterations o�r'acklitionst Front Depth ...... llet ut ! 4 f? • • bear .7� .. . " 'f N.nber of Stories ...... .... Disensio s of entire new construction, Mont .... !� qq r / . hear ... ....... Depth Nei +r .........,.,I...., Unber of Stories .00 .,+; ....... i. Sita of lot, Front .............. I ..... Rear ...Q. ; 0. Ikute of Purchase ...... . Nacos of FortnerOmer ....... 1, tate or use district Io.vA)idt premises are situated ... �5, 12, lbes proposed construction violate any zoning law, Ordinance or regulation: .....tV. 13. Noll lot be regraded ,., ( ,+�, U111 excess fill be remyverl, from 14. Nares l:-� ..:X-Q-f.L... Y premises: yFg U of OwatQ[ of premises ..� �... Address Nrrse of nra34 tee, • • li+one lbS q ............................ Address ........, Awe Rio .. .. Na,re of Contractor ... ,.1 ................ Address �9... „ !2 ..11uone N3A aA. 15. 'Is tide property pitidn 300 feet; of a tfalal matland? a YFS NO . hip Y1r , Sl7U11M Mal 4t335ri S rmrr MY M i AITttim. from ,Aien PLOT DIAORAM locate clearly and distinctly Ali buildings, whether rpiterty linea. Give street anal block tunbxr or clese, interior or corner lot. u ` _ Z r tack dimensiona r cz�IY a=�5 f .......•.......being d,dy soar, delz+sea auxi says thati,a is the (ficin of individual signing contract) Ile.....is the ..,.,. .�%�.. ... CV/.I..L1�! �, Or,ngei)t; corporate offi er, etc.) of said cm,er or v refs, and is duly autbor'zed to Perron or have l,erPnrned Lite said cxtrk and to mike and file ttlin nl7>l icat rni; that all st'aterents contained in this'nppllcatiant are true to tbe_best oE,hls kanx,lestge ox[ lxilief; tnnl that the work will he perfonteR.in Lite manner set forth in the application riled,titerewitit. `?corn to bef re are OAS '. y Notary 1'.iblic , ' LYMdAM.BOHN (Sl [� .url-ur e of Applicant) MOTAM PUBM State of New York ft pISM20932 QUWW in Suffolk 1rR1►tNard►8� 20County �o- TOWN OF SOUTHOLD, NEW YORK' APPEAL FROM DECISION OF BUILDING INSPECTOR JUL 2 2 1999 /sa• �o � � /,3%s A PPPEEALLNNO. `�%� i h� DATE ...��:�Q.�..C.I..�i......... TO THE ZONING BOARD OF APPEALS TOWN �' �� ».., PP ....... ........ of ............... Nance of A eHont Street and Number ....... ?-t LLc ....................................................... ...N...d .........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR=RERMIT'NO ... ........i ......... DATED ... WHEREBY THE BUILDING INSPECTOR DENIED TO �io12.f�K Of O II om'e a Applicant far permit Street and"Number Municipality State ( ) PERMIT TO USE ( PERMIT FOR OCCUPANCY a e�i 1. LOCATION OF THE PROPEu-RsTY ... , � ..... ...... L�.CL. Street 7H let / Use District on Zon"Ing Ma District 1000 Section Block Lot ...p. ..... .. ...... ...... ....... Current Owner prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article X77 Section 1,on 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (J A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due .to lock of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ) q. PREVIOUS APPEAL'A previous appeal (has)(has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal'No.........1 . A. ........... Dated ..................... ......... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 16* A Variance to the Zoning Ordinance is requested for the reason that. .f Form.. ZHt y w ! (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: ire 9c t( ilj by SCGi It actin - f -,JJ � Gs- � vice -�-� St�c p.o�et�-�y it�e• 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; +he rear c.¢ Ae_ house roof_ WhtcLt IE��s tnk [?fie 4�i (ehe tjcv CCL not ami �z b2datom peh �� esz rooms- You, Woc td (rove { � EPlrocsV� �� be-4raom 4 ICA- 4-4i)e c>L_ side . � J 3. The amount of relief requested is not substantial BECAUSE t+ is on 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE 'ij' Mlpr-oper�-�: i.ere G0oo'3-Ac4 5mall2.r or `#-h-e- F4ue6G(F t{ od "i �b�,{- tDnr� rFie side Z c,20u(d no +- nee. (Dti yGt:etanc�r 5. Has the alleged difficulty been self-created?' ( ) Yes. O 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) Sworn to before me this• C, day of�u&/_ Public MARY ANN .CYBUt_SRI Notary Public, State of New York txtlk/ form. var/temp Residing in Suffolk County No. 52.5895900 Commission Expires April 30, tgaZnL' - M. Bldg, { ., '� 5�� Foundationp fJ Bath Extension v ) i ` Basement_ Floors . y Extension Ext. Walls a ,, , Interior Finish Extension 2 �(ZL} c� _ y$ Fire Place Heat- �a ` c ,c2 z 1753 3 y u b Porch r r ,•.' Attic Breezeway Gorcge, % ♦ i ; J,! 2 j X n Porch Patio _ Driveway f ; • Rooms 1st Floor Rooms 2nd Floor — 0. B. -- f J• WA6SOW \ 1 N1AP cr- G�<<� r^Curt f'CP- .. n " E L -Ys c>R AK ICiAR. t t�1 A Y -r l r U C K N. Y. f Sc.Al, z z �ID� Jr tJ �GB.C•' ra S.�II�'O OQ•,it. 3.. '0 .1.36 S. i B R- M A" / pECON IC C?iA'( 90Ut_`EVARD /� GuuYcxri�� to tkn' S�cur�+4 G"ejvQM'1q Co. atiot to t' 5uY Vc9 aS Eck _�az I. yp5 JA COUNTY OF SUFFOLK ROBERT J. GAFFNE SUFFOLK COUNTY EXEC{ V VE tit 'I 1 SEpTEPF'ENIM . JONES,, A.LC.P. DEPARTMENT OF PLANNING �; r' ��p" OI,RECTOR OF PLANNING U Septem er 9 - Town of Southold Zoning Board`of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the 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. Annlicant(s) Municipal File Numbers) Mattituck Library 4725SE Mattituck Library 4729 Zorn, Bobbi 4731 Carnavale, Vito & Julie 4733 Minor, Reginald & Sheila ,,dorak, Elyse 4734 4737 Tapp (Robert) & Ellis (Nicholas) 4738 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:ICCHORNYIZONINGIZON I NGIWO RKINGILDSISEPTISD4725.SEP LOCATIONMAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ (5 1 6) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044 $UFFOj/rCOG y-► o -4 y 2 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 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 Commission: XX Variance from the Zoning Code, Article XXIV 100-244 Section Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4737 Applicant: Elyse Borak Location of Affected Land: 8045 Peconic Bay Blvd., Laurel, NY County Tax Map Item No. 10 00 - 126-9-14.1 Within 500 feet of: Town or Village Boundary Line XXX 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 proposed addition which will encroach into the combined side ard'setback copies of Town file and related documents enclosed for your.review. Dated: August 26, 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 24, 1999 Mrs. Elyse Borak P.O. Box 1254' Mattituck, NY 11952 Re: Variance Appl. No. 4737 - Addition Dear Mrs. Borak: 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 August 18, 1999. Please be sure to follow-up with the Building Department (765-1802) regarding issuance of a building permit. A copy of this written determination has been transmitted to the Building Department for your pending application file and department update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Decision filed 8/25 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST' 18, 1999 Appl. No. 4737 - ELYSE BORAK . 1000-126-9-14.1 STREET ADDRESS: 8045 Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: August 18, 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 subject property consists of 21,220+- sq. ft. with 90 ft. frontage along the north side of Peconic Bay Boulevard in laurel (near Mattituck). The lot is located in an R-40 Low -Density Residential Zone District and' consists of land formerly deeded at two lots (the lots were merged and combi.ned according to the tax assessment records on May 29, 1985). The subject lot extends a depth of 263+- feet north to, a private right-of-way. This lot is improved with two buildings: (a) an one-story, single-family dwelling situate at 42 feet from the southerly (front) property line and side yards at 8 ft. from the westerly line and 35 feet from the easterly line, and (b) accessory garage located 3+- feet from the easterly property line behind the dwelling. .BASIS OF APPEAL: The Building Inspector's July 21, 1999 Notice of Disapproval, under Article XXIV, Section 100-244 for a proposed addition which will encroach into the combined side yard setback at less than the required 35 ft. minimum. Applicant proposes total side yards of 28+- ft. total for a 15 -ft. wide addition at the east side of the dwelling, leaving a setback of 20 feet. AREA VARIANCE RELIEF REQUESTED: Side yard total of 28+- feet (8+- feet exists at the west side and an east side of 20 feet) for a proposed 15 -ft. one-story addition to applicant's dwelling. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board made 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. The proposed addition will be partially screened from view of the adjoining property owner by a four -ft. high wooden fence that extends the full length of the applicant's` property on the west side. The size of the addition is modest and will enhance the appearance of the house and be a benefit to the surrounding neighborhood. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the lot size is nonconforming and there are no other exterior areas of the house on which an addition could be constructed without the applicant incurring major renovation costs to existing rooms. Page 2 — Appl. No. 4737 - Elyse E Regular Meeting — August 18, 19! Southold Town Board of Appeals 3. The requested area variance is not substantial and represents a seven (7) foot reduction in the code -required 35 ft. combined side yard setback. 4. 1 he proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the addition is most and will be an improvement to the house and the community. 5. The alleged difficulty has not been self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community, while enabling applicant the benefit of an addition. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, 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 (5-0). GERARD P. GOEHRI GER, CHAIRMAN Filing on or about 8/25/99 II R E A S, 5 E'; S F Al?q T EFL - E - E, E N VIOLATION OF IP IMIS UIRVEY IS A 1=100209 OF TM NEW T00: RAJ!k_ LAW. TKY. ViAVZOES ,AV�ION OFTM SLMY.y PLAY NrCFl MLAtIM LAMwtmom pa= sual cm M.05GED SEA? SHLil NOT M CMSI7" 6161 P A VkM TXL-. COM - -- ---- SMAIL R04 A.0 C. NIL MHALF TO Wd UILE Cokip.kN-i, AL AGEN,-t AM MNOING ll.nTITVTiOh LLSTfZ HeMN, MW (0 THE AINUGHM OF THF UNDVC IN=1- MR7V4 GLIA".q rS Am NOT ---- --- - — ----- 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: July 22, 1999 RE: Zoning Appeal No. 4737 - Elyse Borak U 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 4737 - Elyse Borak. Also included are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Notice Of Disapproval, Application for Building Permit, copy of Property Record Card and copies of Surveys. J. w9ssON i W N o _ 16A;L s i FIL. H0. OJ " D N tv1,a P - E P- it Y 1 � .�UC2V�Y�17 `F•c-tz AT. h1 A r -r I -r u c K, SCALE• O W IN -> Q0.1 TO J. -orf 10 00- r. 0 r. AY AvIll , P E G O N (c AY 8 O U LIE VA (`' DS�c"Y;A L T"i t le GL4aVcA +Lj Co. clod fo t, - - NoYt1-+ F=cr1� C3ar,k � Trust Co. �._.__. :__........._ ._: as suvvca.►.Sec� . GENS U i. F. U F.Y. _ (tel - FF n!^r, _-r -,1 •; z Q V) Q- 3 0 1& S o, H r0 4 7 o - 9 Q -....-- 96.0 --.- . J. � PifE J. w9ssON i W N o _ 16A;L s i FIL. H0. OJ " D N tv1,a P - E P- it Y 1 � .�UC2V�Y�17 `F•c-tz AT. h1 A r -r I -r u c K, SCALE• O W IN -> Q0.1 TO J. -orf 10 00- r. 0 r. AY AvIll , P E G O N (c AY 8 O U LIE VA (`' DS�c"Y;A L T"i t le GL4aVcA +Lj Co. clod fo t, - - NoYt1-+ F=cr1� C3ar,k � Trust Co. �._.__. :__........._ ._: as suvvca.►.Sec� . GENS U i. F. U F.Y. _ (tel - FF n!^r, _-r -,1 •; QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) E L-15 E -Borz A- W_ B. Is the subject premises listed on the real estate market for =.sale or being shown to prospective buyers? { } Yes { ?C } No. ( If Yes, please attach copy of- "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {X} 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? NO 3. Is the property buLkheaded.between the wetlands area and the upland building area? 00 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? No E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? w h- (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not.showa on the survey map that you.are submitting? none If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? �0 If yes, please submit .a copy of your building permit and map as approved by the Building Department. If none, please state: H.. Do you or any co-owner also own other land close to this parcel? RQ If yes, please explain where or submit copies of deeds. I. Please parce propo list present use or operations conducted at this 7- -9v Authm3ttzed Signature and Date 3/97, I0 /90Ik APPLICANT TRANSACTIONAL DISCLOSURE FORH he Town of Southold' nterest on the part- of town officers a this form is to provide info own of possible conflicts of whatever action is necessary alert t s conflict ovees. Th ation wnicn can nterest and allow f YOUR NAME: A- L y S E (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 1( 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 this a.2 day of Jc-AN 1999 Signature Print name ELY5& 2A )< .. ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK --------------------------------------------------x Iii the Matter of the Application of E1gSe Dor (Names of Applicants) . Parcel ID #1000- 10-(p - Q - I q, I ------------------------------------------------------- X COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, G 1 yse �jc� ry residing atd LLT New York, being duly sworn, depose and say that: On the 5 day of 19 9� , I personally mailed at the United States Post Office in ;Maj -4- i f -u - e [c , 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 ( Assessors, or () County Real Property Office 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 before me this VL day of Qct GUST ,19D. JANETV. STEWART NOTARY PUBLIC, State or New York Mary Public) No. -52-46633485 Qualified in Suffolk County Commission Expires Nov. 30; 20 60 PLEASE list, on the back of this Affidai,it or on a sheet ofimper, the lot numbers next to the owner names and addresses forwhich notices were mailed Thank you. ,P i' SENDER: I also wish to receive the, ■Complete Items 1 and/or 2 for additional services. following services (for an 1 7 w ■ Complete items 3, 4a, and 4b. 1 ■ Print your name and address on the reverse of this forth so that we can return this extra fee): card toyou. Attach this form to the front of the mailpiece, or on the baric H space does not 1 • ❑ +dd�o�3e's Address ■ write 'Return Recelpt Requested' on the mailplace below the article number. 2. ❑ Restricted Delivery (� t ■ The Return Receipt will show to whom the article was delivered and the data Consult postmaster for fee. +• delivered. 0 3. Article Addressed to: , // 4a leber SZ, ,r' T 4b. Service Type C - (� a r EE 4 (o P6 re 5.-0 A V e ❑ Registered rtifie ❑ Express Mail ❑ Insurec jl C �1 Y+'f NV 0 5 Jig ❑ Return Receipt for Merchandise ❑ COD 7. Date of Delivery i; I 5. R eived By: (Print Name) 8. Addressee's Address (Only if requested and fee is paid) 6. Signature: (Addressee or Agent) 'o X a PS Form 3811, December 1994 to2595-WB-0229 Domestic Return Recel rn 0 3 Cl Jo Vewlsod w co slb�4 g 96e1 Cl IV101 J \� PV S, J'ale0 D y I 'woclMol6ulmoy 1 wnlaH I j i ataAilaO lei wo4M 1 t oql u!Moyg la wnlad Cn sari A9 aloulsab • � al as `aAllaa lgloodS I aad palli1180 , 00/1 via v V i t.0 V olluas aj aag peal Ieuollewalul jol asn jou op paptnad a6eIBAOO eoueansul ON IlaW atilt too Aol Aaoaa eovues lelsod sn 5h5 Sig h05 Z I 'GOIJUDS ldleoau UJnlea BUlsn JOj nOA 3ILm41— - r-- IUD 1t6( 19- 18Pl" *WBA J OW UO P039Idwoa Jr10A BI, Deelsod .�— (asleAej aag) llevj lteuoljawajul jol asn jou oa •paplAad a6eJeA00 aouemsul ON IPUU pOURe a01 ldlaoaa aouuaS lalsod sn Tfi5 Sig h05 Z I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of 8o rL-Lk ( ame of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 1a G - C� - 14. ( -------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, F1ySe Bo r-mk AFFIDAVIT OF POSTING residing at Pv 4S (-1) c.o n 1 o Gc y 8/ u d, U—r-e,L , New York, being duly sworn, depose and say that: On the � day of ✓ L,, 9LAS4' ,19 q 9 , 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 hearing date was shown to be (Signature) Sworn to before me this 9'*�ciay of (Notary Public) MARIE A. WOODS Notary Public, State of New York No. 01 WO5031860 Qualified in Suffolk County My Commi, Sion lies 15, 20 *near the entrance or driveway en ran o' y property, as the area most visible to passersby. r § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. (HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the. nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street § 58-1 § SOUTHOLD CODE 68-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested. posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed far them on the local assessment roll. The applicant or agent shall Me an affidavit that s/he has compiled with this provision. S6 1A. N',fei .'request: for.. '-Articl'e;.II' r:= May:26,>1 199' ��=regarding=:U I`1•'Fanniug Roy !��•`Taz�r�Map -i `��inergedptirs +.141tii;an adji `{� � as:625,sEann :a �Nx;-Paicel I �rELYSE M ?�for ai_�!ariar u',�Section:100 21;::51999 '1 regardinga • `combined°s than `351ee . 8045 K PeCA NY -201; 7:201; 0:n ''ROBERT' pTEIiLIS'1Tl lf; v3rIatic'pl-; li-SeMion:i00 °�cegarding'; garage iii a- �:teet.et':275 :.ANY Pareei 7:30::p.m. �I: i3RAtZY::Rei nom;-, ; ;priacip� •54-9- •• '4 Pioperl spee{al't STATE OF NEW YORK) cls VII; )SS: ?expend" COUNTY OF SUVF04D) Valiance' r; Q(� L IS Of Mattituck, in said - Aaaitioor:; county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in e,st Igor :a';t Section:.;; the Town of Southold, County of Suffolk and aa;;i.999r bd State of New York, and that the Notice of which raing,an:=, rm;c:tq'. the annexed is a printed copy, has been regu- litiiiasagy larl published in said Newspaper once each Y P - week for weeks successively, gle; '. lay as, a ; commencing L on the day at=a=set-''. Of 19 � :atlop S.R. 25), ez° Map L°'invited` Principal Clerk .quested? Sworn to befor e this 7"1 day day of 19 91 on_:wiih _{ MARY DIANA FOSTER ard- set `'` NOTARY PUBLIC STATE OF NEW YORK Sec'tiori?t,,; �4� NO. 52-4655242, SUFFOLK COUNTY .��y,.�tto;�rotrq�ea addition`.. COPJIISSIONEXPIRES AUGUST 31,AVJI Ji extended fronts ' reater than' isa;request.foi.,,;, the:Code.liiiiitat(on ofapcty Unear;., feet; in'tfie ;Gene'ral `B"usiness ;.•B`. Article lII[rA i, -. � r: id;;Section10a•` 'r' �one�istiict.This; iequest�is°based';.,, #g.p onoanca licaUon•for�a'building:'v''` } _peimit� ,agd tBuilding ,1999 Notice;ofd};yyDepartmeot's'Apii15 1999iVot plce. ing a :cmrporty; of ;Diaproval;::Ioeation of' a> Co- :E'roperEy; Hart'SaHardtv>tre;,S(ore ; dexegiureitieiit4,, ..50000 Main Rgad and Jockey Creek folk';Avenue;'' Drive,`:SoutholdhlY; ParcelltlODO 704-6.2: - -^`• { 8:3Q.;,Riu::�APvI:N ' o:•'4724 239.4,8.,,•heacpig'calariancesendar.)'Tliisis'a.`requesf ti'ased-` : Departmegi's'" for V'tiased'on.'the June 14; >. if�Disapproval I':1999.,Nbticd''6f`.Disapproval"fora . reaiyard;loca��};� .proposed:"-:; single=:family"�dwelling�; _fe.'et,ttom; We :.with:respect`toy'(a);insufticieut WL-;: r,L dtation - of .Y bit' from the'top of;the.Tr.I:"Sound ; as;7ule "x"e;-, (- Wy([jat less than`l00-feerat its clos=;.. &41000122-44 n•, ij'`est'point., (b):insufficie'nt`Sjdeyard•at. t: ;,�;fi:�,�z�y��.i:{'.`�? `- less,_than-;20;feef•{on'ong�'side;`.•(c),¢ :4733j=VfIO,,'t, l in6iaxittZlm` atst. s'aYequest foi=:9 d_`1essthan'45` ett (d) buildid hWgM article= XXIId; yo't 45'ft•insieid of the :b& I mi lased tip-oRahe tatio� ,=;of X35 '=feet Location -. of 1' fsa uly; ,a]_9- -'.:Pr ertyi'Moith :Side=°of' Private ial'regardltig'ar �'.�?':a {ya S(Pdyiite Road:Mll BAfhan 100;teeC ' f' Tee4�iug •of[ ub ttie Nort4 'side of bank>of3Lepg `xc$ouii$yAveu M tick,, NY; �, , - affil on of=Property;?. s:'P�j;#1o00p1�13;1' =12.' �"• ^ ::. Southold;y,NY<� ; • yThe mdiiid ofs'A'ppeaI ill at J, x,, same_tiriie'and place hear•eity and all No: `4735 :=?perspnsat r'epresentativeS':desiring LE:- This,is.• a. to ti�� tieardin ttie above applications.„ i,Waiver; under<%%* 'zT or„ �oysubmttwrit[ei`�statements 100-2¢ based befor&Ahe'hearipg`' is` concluded: '• Department's Eactis l earirig will not"star[ Tearlier:, of Disapproval,',' ± th :designated es are•4yai able ieditoaas ;.7.05 , .r_for;reyiew'duiing:fegularToWn.,Hall : Suffolk;.Coung bushies`s' h0grs. (8 4w'p.m:) ;If ybti: #10001'174-24 `,; :aver uestions lease do noE he§i n 4 p. Sktiont100-25A': a tateao 3rce1`referred to `::Datedt`A4gjdst`.1 1999: t =': ,. `BY`O,gDFR OFTHE i 74-23�; S6i7Tfi3OI D TOWN.'. ;,'No;' 4737;- .Fii'1?EF.IS u.,is M equest" i ;> GERARD;P. GOEH)tII GERri ;r�A ticle=XXIV,"'i- ;'`-CHAIRMAN >' 1 ed..upon=the July` `i • ;I' ;:.i.;t%:= '`i =By L: Kowalski• of> Disapproval ':addition with,a, ` I setba,* of less:'- ionlof[opertY .r' yap •B'o`ulevard,-' E1000�12C;9-,14.1:y • [" No '4738 mili'NICHOLAS;`' ,.•reduest--for: a",' i -' OFFICE OF ZONING BOARD OFAPPEAL5 53095 Main Road 5outho/d, NY 11971 (516) 765-1809 fax 765-9064 August 2, 1999 Re: Chapter 58 — Public Notice for Wednesday, August 18, 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 sign no later than 8/10/99. 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 U{�( (fi1�1C'.�. - F�DO`N' CoMeU�EO S��E VARD 5fre4caL 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: DATE OF PUBLIC HEARING: WED PfU& 119 (-497 ---? I. t 0 fm 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 durind normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS %bqf; fecom (c • TOWN OF SOUTHOLD e (516) 765-1809 6F}Y 8)LvD z,4ue&j.. AII Mw i ` x .1 W 13401M r •� r amain r �• ma 4 . * : i • rte` ♦� .+� • � ':� ! •� . �r� �, �T� .i�� `ice ' dt, 19 •moi'' "�-� !!� - - • � I * . •. 'ot's � .. w4* , Or .. ,w► .... .