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Home My WebLink About4744IL( -` 4174/,5/ ,6LN�NAi/, LCE 4 7� .3070 jJe j�c � >,��NiG is 9 ' wciD APPEA-c,S BOARD MEMBERS o� SpFF0jIr G Gerard R Goehringer, Chairman =� y< James Dinizio, Jr. o N x Lydia A. Tortora 1 ^� Lora S. Collins y Ot�A George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 30, 1999 APPL. NO. 4744 — EDWARD AND JUDY DART 1000-74-3-15 STREET & LOCALITY: C.R. 48 and E/s Peconic Lane, Peconic. DATE OF PUBLIC HEARING: September 30, 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 property is 2.012 acres in size and is T-shaped with frontages of 155.2 ft. on the south side of C.R. 48 and 120 feet along the east side of Peconic Lane, Peconic. The property is zoned R-40 Low -Density Residential. A survey by Roderick VanTuyl, L.S. dated November 24, 1976 shows a 2-1/2 story frame house set back approximately 59 feet from the west front property line on Peconic Lane and more than 230 feet from the east rear property line. BASIS OF APPEAL: Building inspector's September 1, 1998 (and August 27, 1999) Notice of Disapproval of application to subdivide the property into two parcels. The reason for the disapproval is that the propos3d division would create a nonconforming lot of approximately 31,000 sq. ft. in the R-40 Residential Zone District where a minimum of 40,000 sq. ft. is required. AREA VARIANCE RELIEF ;",EOUESTED BY APPLICANT: Applicants request a variance for a proposed division of land as follows: Parcel A of 55,920+- sq. ft. fronting Peconic Lane, and Parcel B of 31,000 sq. ft. of vacant land. The unimproved Parcel 'B', fronting on County Route 48 would be substandard (nonconforming). REASONS FOR BOARD ACTION: On the basis of testimony presented, material presented, and personal inspection, the Board made the following findings: (1) Applicant is attempting to sell the property. Its relatively large size, and its unconventional shape, are hindrances to the sale. Based on market response over the past year, Applicants believe that the requested division is preferable, both esthetically and economically, to the division approved in Appl. No. 4622. (2) Grant of the requested variance will not produce an undesirable change in the character of the neighborh;ood or detriment to nearby properties because the character and appearance of the improved lot ronting on Peconic Lane (Parcel "A') will not change, and the vacant lot fronting on C.R. 48 (Panel "B") will be of a size consistent with the neighborhood. (3) There is no eviGenct; that grant of the requested variance will have an adverse effect or impact on physical or environinental conditions. 'Page 2 - Appl. No. 4.744 1000-74-3-15(Dart) ZBA September 30, !999 Determiration (4) Grant of the requested variance is the minimum action necessary and adequate to enable Applicant to make his property salable while preserving and protecting the character of the neighborhood and the heaith, sciety and welfare of the community. BOARD ACTION/RESOLUTION Cin motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to G ;IC ! the variance as applied for, subject to the CONDITION that Parcel A (the larger parcel) shall be subject to a covenant, to be filed with the Suffolk County Clerk, that will prohibit further subdry sion. Grant of this variance for Parcel B is in consideration of and conditioned upon the irnpos u,n or such covenant. A copy of the filed covenant shall be furnished for the permanent recoi Ja o! the 3oard of Appeals. VOTE OF THE BOARD: Ayes: Guehnnger, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED by unanimous (5-0) vote of the Board. "-? . 1000-74-3-15 (Dart) RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR -rl�l" %� Town Clerk, Town of SoutLcld i i OuildwgRtctmLkYQ &762x, rt9n 14A hasgd y< rcdard S 5999; I�IAI_�, § , WWI , ,r WW"'�.,,adcliGoP wltlr ` . 'Deparat,pPr cation for �'� er Ocqupannp0ftt�lr soaSj, ��egGofxa 'a'tedS"W(m'ogurceSmdeainfntg`sapo5 n wepfthepr.usp. ,s inDnas,�+sul'.eanp —47 � s does rnaa NF1 denhal use 4n mut -i??! . P!&614#1972 asriv$ .c COW M )off had be - G2��r- neighbonng �eadenttaldot 'lotg ver r4epaiated- Appea4�d21Q,�,;t{]ate -i 64S R pPi� X37 TtuS-�a'`reques"te; fr 224, N t of D- VaSiance uinde M. rttc b fid' u •.o�, ,.,,ecti4nar1d00nv� ,�SGkiea` posed oo11L ON astrpetw dwelGagi ExuGng gara a is;«p4`r . p':.. �� ': x27" a��t �t� . ,BShure'Rgady�e , NY, parcefN& 10 e4 S.AP mtp'° I s AGitfei- . -based-poa Nopae p7 gS ,,caxtoa'-- XX911 S�tlem - ;propose oca S�taowngpo ., a sefhec@ Ar iess"sala� the rap q P, , � tauvssYd ang Eo - Loag1-ji d. Noun atw tuation(s� Prope,FW- 2735.,54 MattitYdc "f�YP[cel c1 ach 1 13. 6,55 pm. Appt :No,, 4742 -SE es4:^ FiJesprrc,.avarfab MARY ELII;fa'.�-�s-M` 4 E . THOMSONpant�u,,ysr;� T Npecia48xcepuonund Nectiou.lOq.31A(13: �'" �� 3 ,teras bidf - ,ter use baatdwgerso r dwelliug,ipc�� *Bay,`&oul@ 7� 5. P STATE OF NEW YORK) )SS: OUNTY, OF SUFFOLK) Pf FA AL ( of Mattitu county, being duly sworn, says tha Principal clerk of THE SUFFOLK weekly newspaper, published at M: the Town of Southold, County of State of New York, and that the Noti the annexed is a printed copy, has laxly published in said Newspaper week for weekssL commencing on the a ofd 19 q- C4 l,d-C-d�LL� Prind Sworn to bef e me this 175-L day of c z7 19 C� 4�7ltn ,� 2 MARY C rte` NOTARY PUBLIC NO. 52-465524 COMMISSION EXF I FORM NO. 3 tillx TC -4N OF SODTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE:... September I, 1998 ........................ To Edward- Dart -•.......................... 3070 Peconic Lane Peconic New York 11958 ..• ........................................ PLEASE TAKE: NOTICEthat your application dated ..•_J ......... 15 19.98.... for permit to subdivide existing. lot,. tag mav_#1000.74.3-15_. P ..._ at Location of Property 3070 Peconic Lane Peconic ........................................................ House No. Street Hamlet County -Tax Map No. 1000 - Section ..74....... BLOCK ..3 ........ LOT .!s .......... Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds the proposed...*.. on of lot tax map 11000-74-3-15, being located in an R-40 District and being comprised of two .•••..... .. - `-..... lots.......................... shown as proposed 1 "A"", proved with a single family dwel I ng, having a lot area ��................•............................... . of 28.438 sq. ft. and lot "B", having, a lot area of 58,224 sq_ ft:, is not Dermitted due to the factthatlot "W' does not meet the minimum requirementor lot area an R-40 District. Pursuant to Article II, Section 100-23C. . Wj.: . ................. B • INPECTOR RV 1/80 r FORM NO. TOWN OF:SOUTUOIA- BUILDING DEPARTMENT TOWN HALL SOUTHOi.D, N.Y. 11971 TEi.: 765-1802 E�nined................... 19.... Approved................ 19.... Permit No . ................ Disapproved.a/c .' at ...r.�S.d•.,�4v�?�.... i .......... I..................... (Building Inspector) 131) OF 11SALTH ............... 3 SETS OF PLANS ................ SURVEY ... CHECK ......................... SLPTIC FORIi ................... APPLICATION FOR BUILDING PERMIT INSTRUCTIONS NOTIFY: _ CALL ................... MAIL TO:...... .. 'ate.................19.... a.i"ir"'s..application oust be corlpletely filled in by typewriter or in Ink and stdmitted to the Building inspector wi 3 sets of plans, accurate plot plantoscale. Pee according to schedule. h. Plot plan allowing location of lot and of buildings on premises, relationship to adjoining, premises or lxiblic streets or areas, and giving a,dletailed description of layout of property must be dram on the diagram which is part of Ellis application. c. 'Ibe work covered by this application trey riot he crnmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector wilt issue a Building Permit to the applicant. Stich permit shall Ue.kept on the premises available for inspection t'hroujout 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: APPLICh'17iON IS 1ICRM llA1L..:to the Building Department for the issuance of a Wilding Permit pursuant to the Building Zone Ordinance of the Teacm of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Reailations„ for the construction of buildings, additions or alterations, or for removal or dowlition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations,iadd to admit authorized inspectors on premises and in lxai r mace n tions; ' (Signature of applicant, or name, if a corporation) (7. vtc ?fcgnnC-.l,IJYf,rfs3,...... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plud)er or lxiildc 0(�v V) W, ................................................................/......... .......................... ........ .. Nam of owner of premises .... �. .. :i '.�.. L.... •.V. t'� .................................... (as on Live tax roll or latest deed) if applicant is a corporation, signature of duly authorized officer. ......................................................... (Nave and title of corporate officer) Builders License No. .......................... Pluibers License tlo. ......................... Electricians i.icense No. ........ I ........... I Other Trade's License No . ..................1. I. location of land on which proposed work will be done............................................................. louse N mbar ..... Sweet.... ...�t ............ ..... County Tax lisp No. 1000 Section ..... . ��... Ul.ock . �� ........... iot f.-'�........ . Subdivision ...................................... Filed Map No. ........:...... Lot ............... (Name) .. 2. State existing use and occupancy of premises and intended )use and occupancy of proposed construction: a. Existing use and occupancy .....J reSic"'—qo 407-`lvn Yti C� lin 12-y0 �w� ............ b. Intended use and occupancy a res/ -.12 Yo*� ............ ... " �u....hyo 2db 71":Gt aY*?s� iD 9: S;C .miILYU`i Y`.r:ia.i yrnuc^. I#c'luc ni Gnil:ieufy g :SiF3ut0.01, ,,,..,,...., .FL rv.hd 9e1:y;3 RMT 1. Mature of work (dleck %hidt appli6,, r)I New Building .......... Atklition ',........ Alteration .......... Repair ............ Renwal ............. Detmlition ............. Other Work ..... .. .. (Dlescr i pt i on) 4. gatbcted Cost fee .............................................. (to be paid of filing this application) S. if A+elling, timber of 66re111ve traits .... ....... ilmber of dwelling units on each floor ................ Ifgarage, umber of care ...................................... 6. If Ixtshtess, commercial or mixed occupency, specify nature and extent of each type of use ...................... 7. Disenalo s of existing structures, if any: Front ................ Rear ................ Depth Iluight ......................... amber of Stories .................. .... Dimension of sans structure with alterations or 'additions. Front ............... Rear ............... I)epth .................... height .................... amber of Stories S. Ditiensiohs of entire new construction: Front ................ Rear ........ 1 CG S DelLott ......................... ani:er of Stories ..................... Slz of lo'. Front Rear 9. l' .................... ........... Depth ... �..".... .�,. ; 10. Nile of Purchase ................... bare of Former O�iner j II. Zone or use district in uhieh premises are situated ....... j .. r 12. Does proposed construction violate any %ming law, ordinance or regulation: .... I...... 1:3. Will lot be regraded .................... Will excess fill be remved from premises: YES M 14. Mica of Owner of premises............................ Address .......... .........,....... Horne No. ........,.. Nare of Architect .......... ....................... Address .............................. Phone lb. ........... Mitre of Contractor ................................... Arklreas................................lhone No. .......... IS. is this propertywithin300 feet,of a tidal wetland? * YES .......... N0 .......... *if YES, swilarl Tam 4{SImms PERMSr my Dig mpiitan. PLOT DIAGRAM loeate.cleatly;ard distinctly, all l:osildinga, &Aietber existing. at proposed, and Indicate all set -balk dimensions frmi property lines. Give aUeet and block nmber'Ior descriptioe according to deed, and: slow street mare's and fix ljcate� tdtetl,er interior or corner lot. r SI'A'IE (lit NN YORK, S5 QAINIY (V ... FF(�ll ............ �h..�/ �... :. Q.rf .........being duly s5•orn, delxtges and says that lie is lbs sppLic;htat (time of hidivichsl signing contract) above tamed, lie is Lbe....................... Ow.V7.;. ... ............................................................... (Coutractor, agent; corporate officer, etc.) , of said (mier or rimers, arxl in duty sutliorized., to perform or have. performed Lihe said work and Lo mike and file Lhis $114A icatbou; Lhat..a.11 stat'etnents contained in this iipplicatimi are true to die best. of his la"Iedge and lxilieft mil that Ute wurk will lie performe<l.in Lire manner set forth in 4zrm filed tl ith. �}K)rn Lo beforetn_ this ...... day f ...... ....... 19.9-8 .... Notary Public _ " . ...... ..` ... ... r/ -____-- - f ApIAict ) ?44e745/— tc_ RECrivIrm AUG 2 4 999 /9,;a, TOWN OF SOtITI(OLD, NEW YORK: lawn Clem 6I)t incild APPEAL FROM DECISION OF BUILDING INSQECTOIt APPEAL NO DATE 2U 3V-tp?2: . TO TI IE ZONING BOARD OF APPEALS 'TOWN OF SOUTHOLD, N Y f%U t3ux' 76S--1 7149 .of !a 20, &&A& j Name of AppeUont Street-� and Number b5066 ..0 i7 .b ..HEREBY APPEAL TO MunitfpcI ty State' THE ZONING HOARD OF APPEALS rROM TI IE DECISION OF THE BUIL. ING INSPECtO(t ON APPLICATION FOR PERMIT NO..................................... DATED .......75 /�t ..................... WHEREBY THE BUILDING, INSPECTOR- DENIED TO N e of Applicant for per it of ?.. C?fGYI1 C .. li�/.... ./ .1 ....�/ 7 r .,.......... Street and Wumber Municipality State ( ) PERMIT TO USE ( ) PERMIT /FOR OCCOPANCY / ! �M ( S/r( pJ;�f Gr �'Rf$��G1r +fir lsithlj 1. LOCATION OF THE PROPERT1l .. %Q..%'i°r�s7)71 C 1.. Z tM/4 .. ,��" .................. 5ireetiiamle� % Use District' on Zonin Mop Mo District,' No. P1000 $et tion Blt�ck � tot Z:-Current Owner k if 41 .No. Prior Griner 2. PROVISION (S) 6'F6 ..�iiZONING ORDINANCE APPEALED (tndieate the Article Section, 'Sub- section and Porograph, of Ilse Zoning Ordinance by number. Do not quote the Ordinonce.) /Article �%, Section:,, 2.3c_ _ 3. TYP OF APPEAL Apped is mode herewith for (please check appropriate box) (4 A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE ,due ;to lack of access (State of New York Town Low Chap. 62 Cons. Lows Art Ib Sec. 280A Subsection 3 s 4: PREVIOUS APPEAL A .previous+;oppea (hos (has not) been made with respect to this decision of the Building Inspector or with respect to I property. Such appeal was ( ) request for a special perrnit ( I/i`request for a rvariance ^, r / and was made in Appeal No.....! Z2 L.-T Dated ....... ... ....�..t.. f..J ..................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (T11) A Variance -to the Zoning Ordinance (- >3 dues vjo-�y\nPE.f is requested for the reason that 1'Y.\�V1\vim' QL&I �G" REASONS FOR AREA 'VARIAHCE^ONLY (to be cofeted=by app,lcant). LO... R40 v- u5ts.. exception." (Also attach sheets'if "necessary, with signatures.) i. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if, granted BECAUSE: f '`a j-esS � � 4U 0U 6 90 �� l'S 4 • Q Vy\z 0W'n tA/>1 4,VU (S hu' 1'V1(0-0 S/S7(9W f,) tT h 71I 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. &/_6ck� Ld1V\ (—k 7 ��, 51�1� 3( fie�amrount rle�lief�quested is: not• substantial BECAUSE 60 ai /boa 7j d vim/ 2�% 4. The variance 11 NOT have an adverse effect or impact on the physical or environmental conditions in lthe neighborhood or district BECAUSE Gtr-`-- Sf2.es / - ay& � IDZJ� i�VtSfS W�`�J 5. Has the alleged difficulty been self-created? ( ) Yes. NO. 6. This is the minimum' that is necessary and adequate, andat 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 c2O day of JiLCj[ES % 19 9? . Notary Public UNDA G KOWALSKI Notary Public, State of New York NO. 62-024771 Lxth4/ f orm . vary mD Ouelified in Suffolk County 1 - - i;:.mMission Expires Nov. 30, ta.?006 TOWN OF SOUTHOLD I PROPERTY RECORD CARD 1- 7 NER STREET bl T' SUS' ."LOT �z✓A/? [11�/p/.� W� V2.-GOn i C �CLY)e :ZMER OWNER N ACR. S TYPE OF BUILDING U. SEAS. VL FARM COMM. CB. MISC, Mkt. Value AND IMP. TOTAL DATE REMARKS no D Lo o 3a o c2s O o 0 0 o s i 1y 17 j/o Sa9�P 32000 32 0• nTF 7yPIJek-7 A'%ir✓F___ EC' x.,00 J1 7 -/3/7� ctn gdd a/�ena�o ns dEa,v/ luno �y,p c o 64 �e / v /5S lO l -C Re,* n,-5 BP 112(n4\ o 100 \ I �t _o ob z AGE BUILDING CONDI ION W NORMAL BELOW ABOVE nRM Acre Value Per Acre Value able 1 able 2 able 3 odlond ' impland FRONTAGE ON WATER FRONTAGE ON ROAD D2cE ?cJ.�n �—�7O� t-2shlond 96e use Plot DEPTH 7 BULKHEAD i 4,1 1 o -/ � t ��`� r, ' NNNN 1157®:ititl�t�ttl�l•t�t�t�ttlttttttttlttl a ISIS�ttl�t� ��f-., i,? Argy ..4 sr ,f ,, i ��a�t ��5�"'-�+�A .�yy4<� �ISNNttlNtswttl i�ItllI�I�Ilrltttlts�t�t�t��ttlt�ttl�`ttlttl ilt,t�ta, `lt,t�ta�t,t,t,t,tit,t�t■t■t� ME NMI ASO ldl'i 100111401011110 SON so NNNU PEI'nom!!N!� NNNNNNNNNNNNN MEN NNNN NON so 10 NNNNIi1LNNl�l�INIM NNNNNNNNNNNN ®NIl U10011= t�%® NNNSOMEONNN CW=: :1 MEN ®® :..Foundation' 0■®��®®■ Basement Ext. Walk i 4,1 1 o -/ o SKEW 3H PLAN MINOR SUBDIVISION I ED DART: - AT -PECONIC- TO-WN OF SO'UTHOLI SUFFOLK COUNTY, N. 1000-74-03-15. SCALE: 1"=1-00 AUG. 26, 1999 SITE DATA - TOTAL AREA 87, 625 sq. ft. PARCEL 1 = 31,138 sq.tL PARCEL 2 58.487 sq. M `3 U r !,;; a QG� 2 [g 1999 OWNER & APPLICANT - ZONING R-40 P.O. BOX I SCHOOL DISTRICT 5 PECONIC. NY FIRE DISTRICT SOUTHOLD M wmonumeni plo ELEVATIONS ANO.CXNTOUR LINES ARE REFERENCED -MTW FIVE EAStERN TOWNS TOPOGRAPHIC MAPS 0 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals -z1 COUNTY OF SUFFOLIX ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DIRECTO OF-RLANNING October 8, 1999 OCT f, 51999 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(s) Municipal File Number(s) Jerome, Lisa (Hart's Hardware) 4699 Braun, George 4740 Whittet-Thomson, Mary Ellen SE4742 art, Edward 4744 Krupski, Albert J. 4746 Very truly yours, Stephen M. Jones Director of Planning _ S/s Gerald G. Newman Chief Planner GGN: cc G:1C C H O P. N YXZO N I N G\ZO N T N G\WORKING\L D S10 Cf \S D4699.0 CY LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 61 00 ■ (5 1 6) 853-5 1 9, 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 786-0099 TELECOPIER (5 1 6) 853-404 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 Ccxtmission: x Variance from the Zoning Code, Article II Section 100-23C Variance from Determination of Southold Town Building Inspector Special Exception; Article , Section Special Permit Appeal No: 4744 Applicant: Edward Dart Location of Affected Land: 3070 Peconic La., Pecohic, NY County Tax Map Item No.: 1000- 74-3-15 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) x I 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 subdivide existing lot. Copies of Town file and related documents enclosed for your review. Dated:0-77 % - 1999 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. and Mrs. Edward D. Dart 3070 Peconic Lane P.O. Box 1 Peconic, NY 11958 BOARD OF APPEALS TOWN OF SOUTHOLD October 5, 1999 Re: Variance Appl. No. 4744 - Lot Size Variance Dear Mr. and Mrs. Dart: 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 approval with.Conditions rendered September 30, 1999. Please be sure to file an application with the Town Planning Board and other agencies having jurisdiction in this proposed division of land. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Planning Board Office Building Department Decision filed 10/5 Edward D. Dart 3070 Peconic Lane Peconic, NY 11958 August 20,1999 Southold Town Board of Appeals Town Hall Southold, NY 11971 Re: 4622 LT Member's of the Board: I� AUG 3, 11999 I respectfully wish to reopen the file whereby you, in 1998, granted me a variance to divide my residence property into two parcels to enhance the sale of my Victorian home on Peconic Lane. I wish for you, now, to consider the proposed lot line shown on the enclosed sketch as an alternative to the 1998 request as I believe it to be a more attractive division of my property both esthetically and economically while still resulting in parcels consistent with the neighborhood. S' erely your Edward . D cc: neighbors PLANNING BOARD ME BElz,--` BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD PLANNING BOARD OF1 TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman Members Zoning Board of Appeals FROM: Melissa Spiro, Senior Planner 015 RE: Edward and Judy Dart ZBA Appl. No. 4744 SCTM# 1000-74-3-15 DATE: September 28, 1999 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 SEP Please find the following comments in regard to the above mentioned application: 1. The Planning Board has not received an application for the subdivision of the above mentioned property. 2. The Planning Board's comments remain the same as those given for the prior application before the Zoning Board of Appeals (Appl. No. 4622) . That is, the Planning Board recommends that if the ZBA proceeds with the granting of the variance, that it be conditioned on the recording of a deed restriction and a Declaration of Covenants and Restrictions stating that Lot "A" was created as part of a subdivision which allowed an undersized lot (Lot "B") and that due to this, there shall be no further subdivision of Lot "A" in perpetuity. 3. It should be noted that the property is within the C.R. 48 Corridor Study Area, and a zone change, from R-40 to RO, is proposed for the subject parcel. - ' _. .._.._._....- 23(.ZO... '.� '' �,.%J.45'36•E. - 15520' _ .FCOPE_CKl i 0 •N,.I - .. - N O it ' �• U POD F IF .. � � � N.43"5q'$.-•� 8.85 i 236.99 0 L7 Too��jr� +6C ••4-" :1•✓! - _ i''fv i.4f .f � ..' ,•a ' V•'i' i, L` l r,�/� a C?f= t` ✓ Q [^�% 1 i A,-" 27.0/2 A, fsu:eo•,no anrn:.o., • i " ro ru'. sucv,r is n ca n:w:,>,, ry i 5U0bLY -D �F01= '' seenonrc>cr °'O1*''o• r L, l..lU lan I/ �/ / ...J :_'..(✓f-IJf l nr. sv sncws� ra , -` - Amevicar+TitlP hn:<.•rmruo- Cor•>,��n,f . .. __.. t' rf.rri .`o flre S;u:'4ta4/ •.ir•'r+c F�.r.•.r. ! I 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: August 24,, 1999 RE: Zoning Appeal No. 4744 - Edward Dart 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 4744 - Edward Dart. Also included are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Notice Of Disapproval and copy of Survey. I TO Edward Dart 307C► Peconic Lane Peconic N.Y. 11958 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Please take notice that your application dated August 27, 1999 � r * ma_ 1, Im, DATE; August 271999 For permit to subdivide existing lot SCTM# 1000-74-3-15 at Location of property 3070 Peconic Lane Peconic County Tax Map No. 1000 - Section 74 Block 3 Subdivision - Filed Map # Lot # Lot 15 : Is returned herewith and disapproved on the following grounds proposed division of lot SCTM# 1000- 74-3-15 000- 74 3 15 beim located -in an R-40 Zone and being comprised of two lots shown as proposed lots "A" ,improved with a single family dwelling having a lot area of 55920 sq ft and lot "B" having a lot area of 31000 sQ. ft is not permitted as it does not meet the minimum lot requirement for lot area in an R- 40 zone pursuant to Article II Section 100-23C. Authorize gnature � 2• ls+ PUF'F_CK! o .f }_ _..._ _. 3J000 Y � ' I1 al'G.99 O N.•:3'S•9'!=.—••a.as - l- 1 2 �• � I � • _ cn Gi `� � i Iv C O {: ` �') _ -F'- .. .. _'....:�.�= '• + �'-'s-Tom___-.__-_.__- .__ .. � • 1's 5.49'29 W,. Cil-'d,'rc' 37c��r'Y 966.23 iJ I r ry ' SU(? l•"EYr'U Fr�G? �ro me sucrn n e v '" �s ,. � ?K1 .1J12D. I � __ _. ... .. A.vrcricon7i�/e 1rru.-n•r:rt c:.nr,•:.,.+� I .. -.h-'. Vim. �_,. •;- 5.;. i 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 ma ched.} -B. Is the subject premises listed on the real,eSZake market for sale or being shown to prospective buyers? { Yes { } No. (If Yes, please attach copy of "conditions" of.sale.) C. Are therejadi proposals to change or alter land contours? { } Yes { No D. 1. Are there any areas which contain wetland grasses? 0z) 2. Are the wetland areas shown on the map submitted with this application? N� , 3. Is the property bul headed between the wetlands area and the upland building area? I Vd- 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 five feet above mean sea level? � tp (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submit i.ag? 14 d If none exist, please state "none . " G. Do you have any construe .on taking place at -this time concerning your premises? If yes, please. submit a'copy of your building permit and —app—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.? If yes, please explain where or submit copies of deeds. I. Please list pre ent use or operations conducted at this parcel S+ and proposed use SI 3/87, 10/901k •,^.` APPLICANT' �2.•.} MANSACTIONAL DISCLOSURE -z, AH The Town of Southold's Code of Ethics prohibits conflicts interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: MVA_P�h KJ'T r� 1 ` (Last name, first name, middle initial, unless you•are applying in the name of som one 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 off icer• 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 vhere.indicated. Name of person employed by the Town of Southold Title or position of that person Describe therelationship 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)j B) the -legai 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 th 2 day f 199 2 - Signature Print name Y NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 301 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 30, 1999 at the time noted below (or as soon thereafter is possible): 6:10 p.m. Appl. No. 4744 - EDWARD and JUDY DART. This is a request for Variances under Article II, Section 100-23-C pursuant to a Notice of Disapproval issued September 1, 1998, and applicants' request for a change in lot dimensions with respect to lot(s) A and B with insufficient lot area, depth and width (area less than 40,000 sq. ft., lot depth at less than 250 feet, and lot width at less than 175 feet in this R-40 Zone District). Location: East Side of Peconic Lane and the South Side of North Road (C.R. 48), Peconic; CTM #1000-74-3-15. 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 before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regulation Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: September 16, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By. L. Kowalski ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ------------------------------------------x Yrs the Matter of the Application of (Names of Applicants) Parcel ID #1000- - ,3 - ----------------- ------------------------x AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) r- residing at 30% pffjw L rK Co h l t New York, being duly sworn, depose and say that: On the 2 day of.' S ,19, I personally mailed at the United States Post Office in %� ✓gyhP4 , 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, o hicular right-of-way of record, surrounding the applicant's property. (signs ure) Sworn to beforemethis LINDA c KOWALSKI Ilk p7 day of J /�ir�� x3 moi, 19! !. i. Notary Public, State of New York, 7 r No. 624524771 s Qualified in Suffolk county 2-466 GL Commission Expires Nov -N30,19 (Notary Public) PLEASE list, on the back of this Afftdai�it or on a sheet of paper, the lot numbers next rj to the.owner names and addresses for which notices ivere_mailed y Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -----------------------------------------x In the Matter of the Application of * T(, 2� (Name of Applican Regarding Posting of Sign upon Applicant's Land Identified as 1000- j 3 - t i ------------------------------------- x AFFIDAVIT OF . POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) ��qq I, �� ji' % ��7 residing at �v%Q Peov, C t / — New York, being duly sworn, depose and say that: On the 2 d� .day of '19 , I personally placed the Town's official Poster, with the date of heaing and nature ofmy 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 heariae d e was sh to be (Signature) Sworn to before me this a7 day of �S,�a7; 192/. (Notary Public): LINDA li• KOWALSKI Notary Public, State of Newyork No. 524524771 Qualified in Suffolk County 1 ! Commission Expires Nov. 30,.W.2-0 Ob *near the entrance or driveway entrance of my property, as the area most visible to passersby. Updated FOR BOARD AND STAFF USE New Infa.rmation v P'Ai y ' 7 F��,•�E�J 3io�,1S t 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: 2�gleoOeT— DATE OF PUBLIC HEARING: 11 rc lj�nr 2n . ea0 If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809 perNbl iu & . Ser-orfm 7 Law and the Code of the Town of Southold, the foUowin a Mown of 8 4.1 P.m. Appl. No. 4744 7:00 m. A pi._ T 724 �— SAND.. J DY DART p' pP r LEGAL -NOTICE,- NOTICE OF ADDITIONAL -. PUBLIC HEARINGS • Th - -i request for Variances un= der Article II, Section 100-23-C ur- JOEL^ AND MAXI RSCEi: (Continuation from 'July. 22;..1999 ;,.: SOUTHOLD TOWN ` suant to •a Notice of, Disapprovalp (hearing calendar). This is a request ( BOARD OF APPEALS' "'•:: ' issued'September 1,1998; and.appli- cant's request for ' ;for Variances based on the June 14,' 1999 Notice of Disapproval for a ; PP„ - THURSDAY," SEPTEMBER 23,1999 - a change m lot dimensions with, respect, to lots A." Proposed single• -family y,. welling NOTICE',IS HEREBY- GIVEN, and -B• with insufficient lot area.. depth width with fro the ion )' insufficient; back from the top of Sound pursuant pursuant to Section 267 of the Town .and a 40 Opo s ft I (rea less than ' 0f6e at l bluff of less than 100 feet at its dos— Law and the Code of the Town of Southold, the foUowin a Mown of 8 I . q• of depth at less than 250 feet, and lot width at less than will be held for public hearings ea 175 f@et in this R-40 7.one District), Location: East Side Peconic the SOUTHOLD TOWN BOARD D APPEATS:at"the of Lane and the South Side of North Road, 53095.Main' Road; Southold, . (C-11148), P 4'3-15.OF • 31971,•on"THURSDAY. SEPTEM- i BER 30. 1999 at 'the times noted .-. 6:20 p.m, Appl.4745_No. MARY . below (or as soon; thereafter• is nos-�' sible): Th is a request -for a Variance under Article III -A, 5.30 p.m.'.Appl. No. 4702 _ DW Section 100-30A.3, based upon the June and Madelin 'Abbott; ��. CO° (.,, tinuation from: July 22, 1999). 24, 1999 Building. I ' Department's Notice of Disap- This:is a,request for a•Lot Waiver " Article proval, for approval of the location of an buil[" addition. under I1, Section 100.26 for a substandard vacant lot referred to ."as with dot coverage in excess of the 20%, code, -As-.355 -Pine Place, East Marion, ' Map ,,limitation and with a rear yard at less than ' of Gardiners Bay Estates,•NY,- identified';, on the Suffolk:.County' requirement of 50 Location ` feet.. Locafiy of Property: 5035 t -•Tax- Maps :as. District I(&, Section 37, Block"4,`Lot'14: This is ic •' NY;PecPar . Bay Boulevard,, Laurel, '. NY; Parcel No:' 1000-128-1-15. -request . ba$ed on' an'application fora build'- 6:30 . p.m. Appl. No: 4746 = mg..perntit' , and; the -Building g Department s February.: ll, I_ 1p99 :ALBERT J. KRi Pcxr 1�_. This is a request for a Variance under Article Notice of Disapproval which states :. III, Section 100-33B based upon the that l.ois'14 and 15,•in District 1000;. AugusC 24, 1999 Building Section 37; 'Block 4; have merged under_Article,II,: Section 100-25A, Department's' . Notice 'of Disap= proval, for approval of the location- 'due to. common ownership, at. an h P y of an "as built" accessory building time since July 1, 1983. The adjoin- .with a rear yard setback at less than ing lot 1000-37-4-15 is 'unproved the; code requirement of -three (3) . with a'dwelling and is referred to asI feet: Location of Property: 36050 k' C.R. 48 (North Road), -Southold, 435 Pine Place, East Marion, NY.- - i • 5:3� p.m. 'Appl. No...4739, - NY; Parcel No: 1000-69-4 6. , - JOANNE AND Wl .LIAM•.Rrr 6:35 m,`, Continuation from • P• � ' 1, [1 . This is a request fora Variance Prior Meetings): Appl. No: — under Article. III, Section 100-310.4 VINCENT TORR •. This is a s a re- = for the use and location of an acces- quest for a Variance under Zoning . sory •. swimming. pool, constructed under Building Permit'No.18782, at Code Chapter 100, Article III, Sectiod 100-31C(2) based upon the •1105 Orchard Street, Orient; Parcel October'20, 1998 Notice of Disap- Nos: 1000-25-2-20;17 and 191 proval (updated January 27, 1999) -This appeal is based upon the July 28, regarding a building permit appli- 1999 Notice issued by, the Building cation to convert accessory barn for Department, disapproving an appli- cation for' a ',Certificate ' of Occu- applicant's Art Studio and Gallery, panty, for. the following'reasons: - �, "Swimming pool or tennis court disapproval for the reason that retail sales and a gallery- for public incidental the residential use of viewing in the accessory building is -to the premises and, not operated for not permitted use in this A -is _ gain-rsubject parcel does not 'con- Zone. Location of Property: 100 '..'tarn. a principal residential"use.. ��°,�cel Sound Avenue, Mattituck, NY; Original permit for pool• (N18742) No. 1000-120 3-1., .6:45 p.m. Appl. No. 4699—L1U was' issued; based upon a ':.rt- JEROME (HARDWARE Po'survey STORE). Variances are requested } . indicating "that t10 -lot lad been under Article X, Section 10-102 to merged with the neighboring resi-. dential lot, these -'lots were sepa- locate a proposed addition with rear rated by ZBA in Appeal #2104 and front yard setbacks at less than the Code requirement and under =" dated March 26; 1976 and have not Article X, Section 100-103C for a merged." 5:45 p.tit, Appl. No. ,4740 — proposed (addition) with extended -frontage, greater than Code limita- GEORGE-AND JEAN BRAUN. tion of sixty linear feet, in this General • "B" Business Zone This is a request, based upon the July 22, 1999 Building Inspector's. Notice of Disapproval, for a Vari- District. This request is based upon ance under -Article III -A, Section an application for a building permit and the Building Department's 100-30A.4, for approval of a side April 5,1999 Notice of Disapproval. yard location of. the existing acces- sory garage due to the proposed Location of Property: Hart's Hardware Store, 50000 Main Road }construction . of an addition - to ... ",dwelling::'Ezisting.garage' is,:.cur-,,., ', , and Jockey Creek Drive, Southold, -.NY; Parcel No. 1000-70-5-6.2 (cor- rently' m`the :rear: yard; located at,"- ner lot).* ` 2005 Bay -Shore Road, Greenport, ' Par6el'N6. 1000-53-4-11::. ':,• : .' 6:50 p.m. Appl. No. 4747 — .NY _ 5:50. p.m:=�•Appl: No:" 4741 — ;'• CHRiCTOPHFR PAMELA AND DA EN PF N _M. This is a request for a Vari- • EM RY: , Ap plicants regitest `for .a Variance is: ` based: upon',.the.,'Augustcj.3,-:1999_.= ante under Article III, Sections 100- 31C; and; 100-33, ,based upon the' -_revised `Notice of.Disapproval, and'A rticle Building Inspector's September 8, 1999 Disapproval for XXIII, Section 100-239,4A,1;• for a a proposed storage barn/building to -less. than 45.feet; (d) Uildine=tieiefif s, pSeater.'th'an'"tire `code'liniifatiop of:-' •' _.:35.feet. Location of PropeiEy North_ ;; :Side of • Private.'-Right=-ofWay .'•' (Private Road #ll extending,off•tlie- , North `_side . of . Sound;?:Aven`ue . Mattituck,' NY; . Parcel ; ,No: 1000x- The. Board . of Appeals" will; it satrie ' bine and place:heai..any aqd '-allpersons-"or representatives de suing to be .heard in thi`) bove ap 1" plications or to submit_ wiiden.state-.,.. ments-before the'hearing9sc hbhfd , ! ed: Each hearingiwiIl not start;e`arli= er than designated:•Files:are avail- r able for review during„regulat'ion`'`; Town Hall:business,hours (8-4 p:t—)r'. If you have. ilues6oni' please do: not,, .' 'hesitate'to`call'(516)•765=1809.`' `"'_`•' •I Dated:.September 16;1999., f:FT2 ART( P !:(1FFTRTNr;FR ' SOUTHOLD TOWN.., BOARD OF.-APPEAIS • 5305 Main' Road Southold; NY 11.971 ... 18454TS23 STATE OF NEW YORK) )SS: COUNTY OF SUFFO K) �J�j1 (-�- 0 I (11 S of Mattituck, in said county, being duly sworn, says that he / she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week ' for weeks sccessively, commencing on the day of VJo19 , r Principal Clerk Sworn to before me this --�2 7 C/c- day of S16 001 19qc/ proposed location ,of an accessory.. be located on a vacant lot; without swimming pool in the rear yard with an existing principal use. Location 1�74 i _49 a setback of less than 100 feet.from of Property: 2905 Arbor Lane, the top, of the, bluff. or bank• of the Mattituck, NY; Parcel NO." 1000- .1,' Long .Island, Sound. Location' of 113-7-25. 1.Z-' Property:' 2735. Soundview Avenue, {,' Mattituck,: NY;' Parcel No. 1000-94- ' 1-13. 5:55 p.m. A' No. 4742 -SE' — %yr MARY .r.r.FN WHITTFT f-331QH5D..�I;: Applicant requests a Special Exception under Article III, _Section 100-31B(13). for approval of ' i `-`asbuilt:'_Accessory. Apartment F= use94n.conjunction;with. applicant- i owners"occupancy.of her residence located: -`at 6230 " Pe hic Bay Boulevard, ..'Laurel,.NY;"Parcel No. 1000-128- _2-3_;_ • . MARY DIANA FOSTER NOTARY PUBLIC, STATE OF NEW YORK NO. 524655242, SUFFOLK COUNT( COMMISSION EXPIRES AUGUST 31, NOTICE OF PUBLIC. HEARING SOUTHOLD TOWN BOARD OF APPEALS WEDNESDAY, AUGUST 18, 1999 E✓ NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 16, 1999 at the time noted below (or as soon thereafter is possible): 7:10 p.m. Appl. No. 4744 - EDWARD and JUDY DART. This is a request for Variances under Article II, Section 100-23-C pursuant to a Notice of Disapproval issued September 1, 1998, and, applicant's request for a change in lot dimensions with respect to lot(s) A and B with insufficient lot area, depth and width (area less than 40,000 sq. ft., lot depth at less than 250 feet, and lot width at less than 175 feet in this R-40 Zone District). Location of Property: East Side of Peconic Lane and the South Side of North Road (C.R. 48), Peconic, NY; Parcel No. 1000-74-3-15. 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 before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regulation Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: August 25, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski ZONING BOARD OF APPEALS TOWN OF SOUTROLD:NEW YORK -------------------- --------------------X In: the Matter of the Application of CWT - (Name of Applicant) Regarding Posting of Sign upon Applicant's �Land Identified as, 1000- / - �_ I�� ____________� -------- ----- -X COUNTY OF SUFFOLK) STATE OF NEW YORK) SEP ,1 41999 AFFIDAVIT OF POSTING I, bvT— residing at Pf-.Cfj)q CC C-C_V, e , New York, being duly sworn, depose and say that:. �eCG h U -C On the q day of 19c1q, I personally placed the Town's official Poster, with the date of earing and nat re 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 re i A in place o seven days prior to thP, d to of the subject hearing date, whic ri date wa sho n to be (Signature Sworn to before me this day of , 19 % i. MARY ANN CYBULSKI Notary Public, State of New York Residing in Suffolk County No. 52-5895900 Commission Expires April 30.,kr±40a,-) (Notary Pu ic) *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK Tr, the Matter of the Application of (Names of Applicants) % Parcel ID #1000 ? _-- ---_- ��} ---`- -x COUNTY OF SUFFOLK) STATE OF NEW YORK) r -- AFFIDAVIT OF MAILINGS I, Fd�� ( _IQresiding at �D� �� cola ( L `►► C6 C New York, being duly sworn, depose and say that: On the ( daf 4V 5u y ,19n , I personally mailed at the United States Post Office in (onr L ,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 ( ssessors, or () County Real Property Office for every property which abuts and is across a public or priv7street,vehicular t -of --way of record, surrounding the applicant's proper f (signature) Sworn to before me this c,�' day of i 19 `l9 MARY ANN CYBULSKI Notary Public, State of New York Residing in Suffolk County No. 52-5895900 Commission Expires April 30,ag�?ood (Notary Public) PLEASE list, on the back of this Affidai,it or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed ..,, Thank you. I" II N k V I i n i 0. Y7 ;r5 SI .. oN ,4e� . 3 D psi Office, Sttaatte, & IP Code n� Postage $ 373 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to �' Whom & Data Delivered I p1 S a Return Receipt Showing to Whom, ¢ Date, & Addressee's Address O .� TOTAL Postage&,F0r3s 'r • a e" PostmatlC or Date ' , p € , li U) Z 543 042 024Z 543 042 023 Z 543 042 025 US Postal Service 1A~ US Postal Service IS Postal Service Receipt for Certified.Mail Receipt for Certified Mail •Receipt for Certified Mail No Insurance Coverage Provided. No Insurance Coverage Provided: No Insurance Coverage Provided. ^ Do not use for International Mail See reverse Do not use for International Mail (See reverse) Do not use for International Mail (See reversal Sent to Am 4— } Street &Num 3. ' P Office eCGate, j ZIP Code 2.543 042 027 Postage $ 13 Certified Fee , (C Special Delivery Fee No Insurance Coverage Provided. RestrictedDelivery Fee Do not use for International Mail See reverse ReturnReceipt Showing to Whom & Date Delivered 1 Return Receipt Showing to Whom, Date, & Addressees Address TOTAL Postage,&,t-es Postmark op ate-,.._ % (il n to 1 A r f V V r N OR .n ¢ O 01)O W Q Street &Number Restricted Delivery Fee Street & Number L g.8 G 'iret✓ / Whom Receipt Showing to \ Whom 8 Data Delivered oC eel &Numb o 13 Sent to Am 4— } Street &Num 3. ' P Office eCGate, j ZIP Code 2.543 042 027 Postage $ 13 Certified Fee , (C Special Delivery Fee No Insurance Coverage Provided. RestrictedDelivery Fee Do not use for International Mail See reverse ReturnReceipt Showing to Whom & Date Delivered 1 Return Receipt Showing to Whom, Date, & Addressees Address TOTAL Postage,&,t-es Postmark op ate-,.._ % (il n to 1 A r f V V r Se t tq N r' Suetmber Bo C MState, & ZIP Coda I S� Postage r 3 Certified Fee Ito Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to ` Whom & Date Delivered Return Receipt Slowing to Whom, Date, & Addressee's Address TOTAL Postale cit Fees $ '` U Postmark or Date r } r Z 543 042 026 Z 549 042'028 2.543 042 027 US Postal Service Receipt for Certified Mail US Postal Service Receipt for Certified Mail US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. No Insurance Coverage Provided. No Insurance Coverage Provided. Do not use f2LInternational Mail See reverse Do not use for International Mail See reverse Do not use for International Mail See reverse nt to L CLh (r )1S Cr f % 1-h Or Sent to U [t - Qy Bob Special Delivery Fee n to 1 A r f V V r N OR .n ¢ O 01)O W Q Street &Number Restricted Delivery Fee Street & Number L g.8 G 'iret✓ / Whom Receipt Showing to \ Whom 8 Data Delivered oC RehanReceiptshowrtgloWhtlm, ^- ,,, Dale, &Addressee's Address .,. : eel &Numb o 13 TOTAL Postag6.&' Fees $ a 1 B TOTAL Postage h Fees $ � 1�Ce Post Office Stat , & ZIP Code t Postmark or OaL2 P st Off , Stat , & ZIP Code / I ZO P ^t Office, State,& ZIP C a LL U) EL Postage $, 33 Postage $ ?33 Postage $1,33 Certified Fee Certified Fee, �_ �() Certified Fee /• (� Special Delivery Fee t Special Delivery Fee Special Delivery Fee Restricted Delivery Fee m Restricted Delivery Fee Restricted Delivery Fee Return Receipt Showing to m r Return Receipt Showing to (�' Whom & Date Delivered �• �J Return Receipt Showing to J .n Whom & Dale Delivered • ,1 I n Return ReceiplShawmg to Whom, — .n Whom & Date Delivered Return Receipt Showing to Wham, Return Receipt Sl,owug to When, ¢ Date, & Addressee's Addrti4sr . :: �; _•,,. ¢ Dai, &Addressee's Address ^- :�.. ¢Date, &Addressee's Address C2 TOTAL Postage & Kees `" 0O O TOTWr AL Postage 6 Fees $ . • ' p j% O co TOTAL Postage &Fees •!." Postmark or Date • M Pottmatk of Dale O Postmark or Dale 1flF t I 1, �•t' I �f: `, uLLi a N Z 543 042 030 ! Z 543 042 022 Z 543 042 029 US Postal Service Receipt for Certified Mail US Postal Service Receipt for Certified Mail US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. No Insurance Coverage Provided. Do not use for International Mag See reverse No Insurance Coverage Provided. Do not use for International Mail See reverse Soo e hi lip Br C Street & Numb n + C 42 I Office, State, & ZIP 1;W ^ �•) ' f c ' I j� Postage $ f% 3 Certified Fee �• (' Spedal Delivery Fee Restricted Delivery Fee Return Receipt ShoWng to Whom & Dale Delivered �C J Return RecerylShowmgtoWhom, Date, & Addressee's Address TOTAL Postage &_Fees• $ Po stmark or Date - Do not use for Intemational Mall LStge reverse Sent to Y Sent to r R , Street &Number �7 a reel Number Pos O ce, stale, & ZIP e MLI /DOa Posl ice, Slate, & ZIP Code o nl n 7—O r $ Postage r33 Postage $ 3 Certified Fee 7) Certified Fee , CF (7 Special Delivery Fee Special Delivery Fee Restricted Delivery Fee N OR .n ¢ O 01)O W Q rn _ o, ¢ t7 0 Restricted Delivery Fee Showing /• 1 Whom &Data Delivered Whom Receipt Showing to \ Whom 8 Data Delivered oC RehanReceiptshowrtgloWhtlm, ^- ,,, Dale, &Addressee's Address .,. : "I'mR`o"ptShowmgloWhom, Date, &Addressee's Address. • TOTAL Postag6.&' Fees $ a 1 B TOTAL Postage h Fees $ � Postmark or Date t Postmark or OaL2 LL U) EL OFFICE OF ZONING BOARD OF APPEALS ,53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 August 25, 1999 Re: Chapter 58 — Public Notice for Thursday, September 16, 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 9/8/99. 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 Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Swim King Pools 1 Attn: Eve or Erin 471 Route 25A Rocky Point, NY 11778 BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 ■ Mr. Bob Grigonis 1 Box 1611 11971 Southold, NY BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 ■■■■■■■■i■■■■ No 1 Hahn Realty Attn: Suzanne Box 744 Greenport, NY 11944 BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 '■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Mr. Henry Raynor 1 Raynor -Suter Hardware 320 Love Lane BOARD OF APPEALS Southold Town gall PO Box 1179. 53095 Main Road Southold,: 11971 ■ ■ ■ ■�■■■Ed Dart ■ Mr, and Mrs. P•0• Box Ny 11958 Peconic, 1 BOARD OF APPEALS Southold Town Hall Road 095 o POB Southold, x 1179, NY 119 1 Ms. Mary Jo Pete s 926 white NYlr11793 1 Wantagh, BOARD OF APPEALS Southold Town Hall Road PO Box 1179, 5309r, 971 Southold,: ■ ■ ■ ■ ■ Is ■ ■ ■ w ■ Gary Flanner Olsen, Esq. P.O. Box 70 NY 11935 Cutchogue, 1 ''APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning o��S�FFO/,Y�O C= GO 2 ip 41, BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) •765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 19, 1998 APPL. NO. 4622 — EDWARD AND JUDY DART 1000-74-3-15 STREET & LOCALITY: C.R. 48 and E/s Peconic Lane, Peconic. DATE OF PUBLIC HEARING: October 15, 1998 and November 19, 1998 FINDINGS OFFACT PROPERTY FACTS/ DESCRIPTION: The property as exists consists of 2.012 acres with 155.20 ft. frontage along the south side of C.R. 48 and 120 feet along the easterly side of Peconic Lane, Peconic. The November 24, 1976 shows an existing 2-1/2 story frame house located 59+- feet from the front property line along Peconic Lane. The property is located in the R-40 Low -Density Residential Zone District. BASIS OF APPEAL: Building Inspector's September 1, 1998 Notice of Disapproval of application to subdivide the property. The reason for disapproval is that the proposed subdivision would create a nonconforming lot of approximately 28,438 sq. ft. in the R-40 Residential Zone District where a minimum of 40,000 sq. ft. is required. AREA VARIANCE RELIEF REOUESTED BY APPLICANT: The request made by applicant is for approval of a variance, in this diviision of property into Parcel A of 28,438 sq. ft. fronting Peconic Lane, and Parcel B of 58,221 sq. ft. maintaining the same 155.20 ft. road frontage along C.R. 48. The existing single-family dwelling would be situated on proposed Parcel "A" with an 85+- ft. rear yard setback. A proposed building area (envelope) is not shown on proposed Parcel "B" at this time. REASONS FOR BOARD ACTION: On the basis of testimony presented and personal inspection, the Board made the following findings: 1. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the character and appearance of the improved lot fronting Peconic Lane will not change, and a conforming lot, larger than most in the area, will be created fronting on C.R. 48. 7 r'/0/e- �. Page 2 — Appl. No. 4622 Re: 1000-74-3-15 (Dart) ZBA November 19, 1998'___=rmination 2. The requested variance is .not substantial because the improved lot will be approximately the same size as surrounding lots and the unimproved lot will be substantially larger. 3. There are no factors present to indicate that the requested area variance will have any adverse impact on physical or environmental conditions. 4. The requested variance is the minimum necessary and adequate, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for, SUBJECT TO THE CONDITION that Parcel "B" (the unimproved larger parcel) shall be subject to a covenant, to be filed with the Suffolk County Clerk, that will prohibit further subdivision. Grant of this Variance for Parcel "B" is in consideration of and conditioned upon the imposition of such covenant. (A copy of the filed Covenant(s) shall be furnished for the permanent records of the Board of Appeals.) VOTE OF THE . BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. (MEMBER Horning was absent at this time.) This Resolution was duly ADOPTED (4-0). GERARD P. GOEHRI GER, CHAIRIAV 11/21/98 Approved for Filing 1000-74-3-15 (Dart)