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HomeMy WebLinkAbout4692C_,-ai�sa�.�i@_e='' �G"�i� %�_ c.�d��.�-,..%11�L� L�C�2is+` .�'/�.�.�°r� r 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 MEETING OF JUNE 7, 1999 Appl. No. 4692 - CHRISTOPHER AND HEIDEMARIE GRATTAN. STREET & LOCALITY: 6305 Horton's La, Southold 1000-54-7-18.8 DATE OF PUBLIC HEARING: May 20, 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 applicants' property is a 51,603 sq. ft. parcel improved with a two-story frame dwelling, with three front yards facing: (a) the westerly side of Horton Lane (b) the north side of a private right-of-way and (c) the west side of a private right-of-way, in Southold. A copy of a survey prepared September 8, 1992 by Young & Young shows the parcel with 156.37 feet along Horton's Lane, 342.86 feet along the northerly side property line, and 315.87 ft. 159.12 ft. along the remaining two front property lines. The existing dwelling is shown to be 82.1 ft. at its closest point from the front property line along Horton's Lane, 67.8 ft. from the southerly front property line (private ROW), and 213.7 ft. from the westerly front property line (private ROW). BASIS OF APPLICATION: Building Inspector's March 24, 1999 Notice of Disapproval citing Section 100-30A.4 for permission to locate accessory swimming pool in the westerly front yard area. AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance to locate an accessory 16 ft. by 36 ft. in -ground swimming pool to be 94 feet from the southerly front (ROW) line and 130+- ft. from the west (ROW) line. A fence will enclose the pool in accordance with the requirements of the New York State Building Code and the Building Department. REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is a large rectangular parcel improved with a single-family residence that contains three front yards as defined in the Southold Town Code. The dwelling fronts on Horton's Lane to the north; the southerly side yard fronts on a private right-of-way, and the westerly rear yard fronts on a private right-of-way. Although the proposed location of the pool does not conform to the letter of the Town Code, the Board of Appeals finds that the location meets and/or exceeds the required rear yard provisions regulating accessory structures. Therefore, grant of this variance will have no adverse Page 2 - June 7, 1999 Appl. No. 4692 - C. & H. Grattan 1000-54-7-18.8 at Southold impacts on the 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 provisions of the Town Code, which were applied to determine that applicants' property has three front yards, automatically eliminated applicants' rear yard area which is the only conforming area in which the accessory pool could have located without a variance. 3. The requested area variance is not substantial. 4. The difficulty is not self-created and is due to conflicting provisions in the TD n Code 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the swimming pool location conforms to the code -required setbacks for accessory structures in what would typically be considered a large conforming rear yard area. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new in -ground swimming pool, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for and SUBJECT TO THE CONDITION that there be no roof. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning. This Resolution was duly ADOPTED (4-0). (Member Collins was absent.) GERARD P. GOEH CHAIRMAN For filing 6/11/99 RECEIVED AND FILED BY THE SOUTHOLD TOWIJ CLERK DATE GI ���� g HOUR 9 io Town of Southold NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS MONDAY, JUNE 7, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application. will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on MONDAY. 3UNE 7, 1999 at the time noted below (or as soon thereafter as possible): 7:00 p.m. Appl. No. 4692 - CHRISTOPHER AND HEIDEMARIE GRATTAN. This is a request for a Variance under Article IIIA, Section 100-30A.4 based upon the March 24, 1999 Notice of Disapproval, for a permit to construct accessory swimmingpool in a front yard area rather than the required i rear yard, at 6305 Horton's Lane, Southold, NY; Parcel 1000-54-7-18.8. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before concluding the hearing. The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: May 21, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ] FORM 140. 3 J� TOWN OF SOUTHOLD '1 BUILDING DEPARTMENT tt SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Uri DATE; March 24, 1999 ........... I ................ Marlin Pools, Inc. (Christopher Grattan) To........................................ 16-11 Station Road ........................................ Bellport, New York 11713 PLEASE TAKE NOTICE that your application dated „ March _9........... 19 99 for permit to construct.an.accessory.inground .swimming.pool ..................... at ................ ...................... Location of Property ..,6305.......................................................... Horton's Lane Southold House No. Street Hamlet County°Tas Map No. 1000 - Section....... 54 .... BLOCK ... ?....... LOT A8.8........ Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds .............................. that the proposed accessory inground swimming pool is in the front yard area. Under Article IIIA, Section 100-30A.4, Accessory Buildings (the same requirements ......................•••..................................•••.............................. as 100-33 of the A -C district), buildings and structures or other accessory uses ..................................•••.......................•............................... shall be in the required rear yard. ............................•••.............................•............................... (Three frontyards.) ............................................................................ ............................................................................................ RV 1/80 ...........2 .... ... T.•....•. BUILDING INSPECTOR v <<Li FORM NO. I SETS OF PLANS o pp TOWN OF SOUTHOLD SURVEY .... .- .. ��WR r ...9 PAs BUILDING DEPARTMENT CHECK TOWN HALL SEPTIC FORM ................... BLOG.OE" SOUTHOLD, N.Y. 11971 TOWN 01: SOUTHOLD TEL: 765-1802 NOTIFY: CALL ... .... .... Ermined.?; 191,:..! _ MAIL T0, ..... , .... Approved..... , 19 Permit No. ...... Disapproved .a/c .. A".. (Building Inspector) APPLICATION FOR BUILDING PERMIT qq Date:3.�............. 19J: INSTRUCTIONS a. his application must be completely filled in by typewriter or in ink and submitted to the Building Inspector Wi 3 sets of plans, accurate plot plan to scale. Fee according to sdredule. b. Plot plan showing location of lot and of buildings on premises, relationship .to adjoining premises or public streets or areas, and giving a detailed description of layout of property mist be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be -kept on the premises available for inspection througbout the work. e. No building shall be occupied or used in ubole or in part for any purpose whatever until a Certificate of Oca:pancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for .the issuance of a. Building Permit pursuant to the wilding Zone Ordinance of the lbws of Southold, Suffolk Canty, New York, and other applicable, Laws, Ordir ices or Regulations, for the constructionof buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildi for mcessary inspections ,¢ ..<......... ........................... (Signature of applicant, or name, if a corporation)_ .�? ��..Vei�a.c�h�i�J.i� (Mailing address of licait) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder /�,............................................... G�L..1. Name of owner of premises .(, 1 �.�.L.l.t /I:... � .taf.-) ................................... (as on the t.;x roll or r.atest deed) If applicant is a corporation, signature of duly authorized officer. .r..�.5� e1.!.: Cnec)rqe�'aPPae1,ocv ...::. ......... . (N"e and title of corporate officer) Builders License No...J.4! �.. ! .1r..... Plumbers Liranca No . ......................... Electricla Liecerse-No. .� y.� 0..t....... Other Trade's License No . ...................: ll 1. Location of land an 4dch proposed work will be .(�3 05--.kar-mn.lan.c.......... 'DLi r--thcuJ....................................... House limber Sttreet//��--77 Happmlet Co n" Tax MV No. 1000 Section ......... Block... L:...! .......... lot . i1.� 4 a .. . Subdivision ....................................... Filed Map No. ................Tot ................ (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .y©� 1�Jt-.A�m1 �. )�.�.p%!�� .�.I'C{3���� `r.........................//` b. Intended use and occupancy !./� ..1y�4 1 '\{..le1J.� ld{.�.mm l.ny po / ....... 1(px3(o)ngrvu1,d viny l �. 3. Nature of work (check which applicable): Repair ............ Removal ............ 4. Estimated Cost ......................... New Building .......... Addition .......... Alteration .. Demolition Other Work ........ •..-(Descrrptioad� . fee J 0 .� 1/.:�....... ............... (to be paid on filing this application) 5. If dwelling, number of dwelling units ... I ....... Umber of dwelling units on each floor Ifgarage, number of cars ....................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ...................... 7. Dimensions of existing structures, if any: Front ................ Rear ............... Depth ................. Height......................... Number of Stories ...................... Dimensions of same structure with alterations or additions: Front ............... Rear ............... Depth .................... Height .................... Number of Stories ............... 8. Dimensions of entire new construction: Front ...[Q0......... Rear .,&p ....... Depth •,.<... - ,.;j hr Herat .J.nq.coi.d.�id"... Number of Stories ......--.77.............. 9. Size of lot: Front j6 -U. --Y7....... Rear .� �:.�R....... Depth �.•.�%.:..... 10. Date of Purchase ..................... Nae of Former Owner ........................................ II. Zone or use district in which premises are situated............................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation; .K.() ................ 13. Will lot be regraded .................... /Will excess fill be removed from premises: YES �� 14. Names of Owner of premisesC�)f.L . U .1�.rQ-f�.. Address �J.DI.TD.5M.�I.t...... Fhone No.�IA�:5.7�52— Nave of Architect .p.....}............. ................... Address.'.L.�..,....\.r.o._I................... Phone No. Name of Contractor tz'arAi n A)QJ-t............ Address3450 .w1t.b.b� hltia. CE, 15. Is this property within 300 feet of a tidal wetland? * YES .......... NJ.... *IF ICES, SOUH]" TOM TWSIWS PEi M MAY RE RE¢llf{ED. PLOT DIAGRAM Locate clearly and distioctly,all buildings, whether existing or proposed, and indicate all set -back dimensions from property lines. Give street and black number or description according to deed, and show street nares and indicate whether interior or corner lot. SrAIl, OF NEW YORK, ss MMrY of L.Lk--� - being. duly sworn, deposes and S.ays:..that he is the appl:icaht (Name of individual signing contract) above named, srma 1 ,y. �� 11e is the �\ry . -l.l..l- ` !:(.:� il.�.�. Lri!�...+.5.1.[......... ...... ............................. (Contractor, t, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or. have performed the said work and to make and file .this application; that all statements con, tained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn t/oI ore me this ......`. ....day of Notary Publicea tii oilt ...' • µ ....... . ' Notary Public, State of New York (Signature of Applicant) No. 01SA5040403, Suffolk Cou Term Expires March 13, 13 ado APR 7 999 TOWN OF O(TTfWWP7NKEW 0UYiOi0RfKd APPEAL FROM DECISION OF BUILDING INSPECTOR Aipp„1 APPEAL NO. DATE.............................. -1'0 TI IE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)CHRIgLQpg,Eg„&,HEIDEMARIE GRATTAN,of .6305 HORTON LAN$ Name of Appellant Street and Number ...........HOLDNY ....... ....... ............................HEREBY APPEAL TO Municipality State TI Ili ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Marlin Pools, Inc. (Christopher Grattan) ...... _..... . ........................................ .............. Name of Applicant for permit of.................................. 16-11 Sttion Road. Bellportt NY 11713 Streeand Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x l permit to construct an accessory ingrouud swimming pool 1. LOCATION OF THE PROPERTY. 6305 Horton's Lane, Southold R-40 ............. Street /diaml'e� i Use District' on Zoning Map District 1000 Section 54 Block? Lot 18Y8Current Owner Christopher Grattan Mop No. - lot No... _ Prior Owner 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of /he Zoning Ordinance by number. Do not quote the Ordinance.) Article IIIA $ection 100-30A.4 3. TYPE OF APPEAL Appeal Is made herewith for (please check appropriate box) (X 1 A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Laws Art, 16 Sec. 280A Subsection 3 O 4. PREVIOUS APPEAL A previous appeal (hos) (Mv*mt) been mode with respect to Ihis decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit CK ) request for o variance to build garage made in Appeal 1992 and was m pp a) No.................................Doted ................................................. ......... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection. 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that property has three "front yards” and ,accessory structures not permitted in "front yard". Fenn Z111 (Continue on other side) TOWN OF SOUTHOL6, PROPERTY RECORD CARD yry4; u. STREET !? j VILLAGE DIST. SUB. LOT = . OWNER E ACR. , FORMER OWNER N .0 r_ s L.Q • L, zo o WE",w.i_�( �;�, CODE DATE OF CONSTRUCTION LAND IMP. TOTAL DATE REMARKS{ / �`%o� }.,- ,;.ry ti � l qc ' 1` Slrr>" n7y',P�Aiin�n�-I ,(77n- J`RIYI/I/cr.. ,1 ,�,• [c pj .IGS/ZJI0 �7/�O /rl, SAF/ /O �` 4 Y +1 LINA'Y✓ 7"C: ^O �F 'N+i IJF RQ"U �'� 36 vi 9, 7l••1 O 0 Pf/ [/0 // /✓y .2 fS' G' a797 '�G' no r. �i•r ui /, ! tC/c 73,72-7 - /ut(J U fj /,i d -J 6 /1/ i.�/ ,.. fl, %2 td LAC @'.- O ! d - %rot3-CJ Jahl4, Ass,�>»,. /-hc<ir<b o•.• I n LJ L? /° FRONTAGE ON WATER Tillable FRONTAGE ON ROADf 7 Woodland Meadowland -_ DEPTH BULKHEAD House Plot rt., 93 M.114, �%,r-'9' Foundation '`', Bath 2 Extension , p ,e ; / yG ` °� wlS/OJ Basement amu// Floors Extension Ext. Walls `/, Interior Finish ti ; ?xtension Fire Place —`— Heat G �� 'orch X 2, 6 e y 5`o S'Z/ Pool Attic )eck S n / L s , ;p' Patio Rooms 1st Floor ireezeway t, lily Driveway Rooms 2nd Floor 3arag 1� OP� R 0 'V eA 2y Dt a �. rab � n z TITL a' S SURVEY FOR CHRISTOPHER GRATTAN 81 HEIDEMARIE GRATTAI AT-SOUTHOLD TOWN OF SOUTHOLD SUFFOLKCOUNTY, NEW YORK R UNAUTHORIZED ALTERATION OR ADDITION7C THIs GUARANTEED T SURVEY R A VIOLATION OPSE,C ION 7209 OFTNE NEW YORK STATE EDUCATION LAM CHRISTOPHI *COPIES OF THIS SURVEY MOT EEARNS THE.LAND HEIDEM SURVEVOWS INKED SEAL OR'EM90SSEO SEAL SNALI ALa,: \y0. \'°\ 6 ° 6 'oV4 Uri + 3 wo; \\g Opal d' �''s� 04 K��d9e o 00 'V eA 2y Dt a �. rab � n z TITL a' S SURVEY FOR CHRISTOPHER GRATTAN 81 HEIDEMARIE GRATTAI AT-SOUTHOLD TOWN OF SOUTHOLD SUFFOLKCOUNTY, NEW YORK R UNAUTHORIZED ALTERATION OR ADDITION7C THIs GUARANTEED T SURVEY R A VIOLATION OPSE,C ION 7209 OFTNE NEW YORK STATE EDUCATION LAM CHRISTOPHI *COPIES OF THIS SURVEY MOT EEARNS THE.LAND HEIDEM SURVEVOWS INKED SEAL OR'EM90SSEO SEAL SNALI ALa,: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 �°��gUFFO(kCO yam► O L N 2 BOARD OF APPEALS TOWN OF SOUTHOLD June 14, 1999 Re: Appl. No. 4692 - C. Grattan (Variance) Dear Mrs. Moore: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's determination, with condition, rendered at our Meeting held June 7, 1999. Please be sure to follow-up with the Building Department (765-1802) regarding issuance of a building permit before commencing construction activities and certificate of occupancy at the final step. A copy of this written determination has also been furnished to the Building Department for placement in its pending application file and update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Decision filed 6/11 APPEALS BOARD MEMBER.' 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 MEETING OF JUNE 7, 1999 Appl. No. 4692 - CHRISTOPHER AND HEIDEMARIE GRATTAN. STREET &LOCALITY: 6305 Horton's La, Southold 1000-54-7-18.8 DATE OF PUBLIC HEARING: May 20, 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 applicants' property is a 51,603 sq. ft. parcel improved with a two-story frame dwelling, with three front yards facing: (a) the westerly side of Horton Lane (b) the north side of a private right-of-way and (c) the west side of a private right-of-way, in Southold. A copy of a survey prepared September 8, 1992 by Young & Young shows the parcel with 156.37 feet along Horton's Lane, 342.86 feet along the northerly side property line, and 315.87 ft. 159.12 ft. along the remaining two front property lines. The existing dwelling is shown to be 82.1 ft. at its closest point from the front property line along Horton's Lane, 67.8 ft. from the southerly front property line (private ROW), and 213.7 ft. from the westerly front property line (private ROW). BASIS OF APPLICATION: Building Inspector's March 24, 1999 Notice of Disapproval citing Section 100-30A.4 for permission to locate accessory swimming pool in the westerly front yard area. AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance to locate an accessory 16 ft. by 36 ft. in -ground swimming pool to be 94 feet from the southerly front (ROW) line and 130+- ft. from the west (ROW) line. A fence will enclose the pool in accordance with the requirements of the New York State Building Code and the Building Department. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is a large rectangular parcel improved with a single-family residence that contains three front yards as defined in the Southold Town Code. The dwelling fronts on Horton's Lane to the north; the southerly side yard fronts on a private right-of-way, and the westerly rear yard fronts on a private right-of-way. Although the proposed location of the pool does not conform to the letter of the Town Code, the Board of Appeals finds that the location meets and/or exceeds the required rear yard provisions regulating accessory structures. Therefore, grant of this variance will have no adverse Page 2 - June 7, 1999 Appl. No. 4692 - C. & H. Grattan 1000-54-7-18.8 at Southold impacts on the 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 provisions of the Town Code, which were applied to determine that applicants' property has three front yards, automatically eliminated applicants' rear yard area which is the only conforming area in which the accessory pool could have located without a variance. 3. The requested area variance is not substantial. 4. The difficulty is not self-created and is due to conflicting provisions in the Tawn Code. 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the swimming pool location conforms to the code -required setbacks for accessory structures in what would typically be considered a large conforming rear yard area. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new in -ground swimming pool, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for and SUBJECT TO THE CONDITION that there be no roof. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning. This Resolution was duly ADOPTED (4-0). (Member Collins was absent.) -------7 --� GERARD P. GOEF- CHAIRMAN For filing 6/11/99 Page 2 - June 7, 1999 Appl. No. 4692 - C. & H. Grattan 1000-54-7-18.8 at Southold impacts on the 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 provisions of the Town Code, which were applied to determine that applicants' property has three front yards, automatically eliminated applicants' rear yard area which is the only conforming area in which the accessory pool could have located without a variance. 3. The requested area variance is not substantial. 4. The difficulty is not self-created and is due to conflicting provisions in the Town Code. 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the swimming pool location conforms to the code -required setbacks for accessory structures in what would typically be considered a large conforming rear yard area. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new in -ground swimming pool, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for and SUBJECT TO THE CONDITION that there be no roof. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning. This Resolution was duly ADOPTED (4-0). (Member Collins was absent.) ---7 GERARD P. GOEHRING CHAIRMAN For filing 6/11/99 RECEIVED AND K LED BY THE SOUTHOLD TOWN CLERK DATE ��� lr � BO Town Clerk, Town of Southold APPEALS BOARD MEMBERS OFF04loo G Gerard P. Goehringer, Chairman o� y�c James Dinizio, Jr. y Z Lydia A. Tortora �I Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 71 1999 Appl. No. 4692 - CHRISTOPHER AND HEIDEMARIE GRATTAN. STREET & LOCALITY: 6305 Horton's La, Southold 1000-54-7-18.8 DATE OF PUBLIC HEARING: May 20, 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 applicants' property is a 51,603 sq. ft. parcel improved with a two-story frame dwelling, with three front yards facing: (a) the westerly side of Horton Lane (b) the north side of a private right-of-way and (c) the west side of a private right-of-way, in Southold. A copy of a survey prepared September 8, 1992 by Young & Young shows the parcel with 156.37 feet along Horton's Lane, 342.86 feet along the northerly side property line, and 315.87 ft. 159.12 ft. along the remaining two front property lines. The existing dwelling is shown to be 82.1 ft. at its closest point from the front property line along Horton's Lane, 67.8 ft. from the southerly front property line (private ROW), and 213.7 ft. from the westerly front property line (private ROW). BASIS OF APPLICATION: Building Inspector's March 24, 1999 Notice of Disapproval citing Section 100-30A.4 for permission to locate accessory swimming pool in the westerly front yard area. AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance to locate an accessory 16 ft. by 36 ft. in -ground swimming pool to be 94 feet from the southerly front (ROW) line and 130+- ft. from the west (ROW) line. A fence will enclose the pool in accordance with the requirements of the New York State Building Code and the Building Department. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is a large rectangular parcel improved with a single-family residence that contains three front yards as defined in the Southold Town Code. The dwelling fronts on Horton's Lane to the north; the southerly side yard fronts on a private right-of-way, and the westerly rear yard fronts on a private right-of-way. Although the proposed location of the pool does not conform to the letter of the Town Code, the Board of Appeals finds that the location meets and/or exceeds the required rear yard provisions regulating accessory structures. Therefore, grant of this variance will have no adverse ) `-- kq- �,�—r���`) ^ ' ° c__ -- TITLE NO. 8108-02997 SURVEY FOR CHRISTOPHER GRATTAN 81 OCT. HEIDEMARIE GRATTAN 8,1992 OCT. 8, 1984 FEB. 22,1984 AT. -SOUTHOLD DATE: SEPT. 21, 1981 TOWN OF SOUTHOLD SCALE- I"= 50' SUFFOLK COUNTY, NEW YORK NO. 81-550 N WNUTHORIZED ALTERATION OR ADDITION TO THIS GUARANTEED T01 SURVEY . A VIOLATION Of SECTION 7209 OF THE NEW'YORK STATE EDUCATION LAW CHRISTOPHE TTAN :COPIES Of THIS SURVEY NOT KARNG THE LAND HEIDEM 'SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SMALL AME Ift GE NOT B! CONi1Df RFD TO BE A VALID TRUE COPY CHI COMPANY NOUARANO INDICATED HEREON SHALL RUN ONLY TO ' HEALTH DEPARTMENT -DATA FOR APPROVAL TO CONSTRUCT THE PERSON FOR WHOM THE SURVEY 13 PREPARED 4� AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERN- Q O N MEAR93T WAAT�R1� B1AIM MI.: M30URCE OF WATER- PRIMTE_ UBLIC_ MENTAL AGENCY AND LENDING INSTITUTION LISTED * Y M SUFF CO. TAK MAP DNIT�4QSECTION �� BLOCK �L LOT L HEREON, AND TO THE ASSIGNEES OF THE LENDING NTHER[ ARE NO DWELLINGS WITHIN 100 FEET Of THIS PROPERTY INSUTION. GUARANTEES ARE NOT TRANSFERABLE OTHER THAN THOSE SHOWN M[I1EON. TIT TO ADDITIONAL INSTITUTIONS ON SUBSEQUENT n S + N ND THE WATER SUPPLY ASEWAGE DISMAL SYSTEM FOR THIS RESIDENCE OWNEItiOI3TAMC[i SHOWN HEREON FROM PROPERTY LNNLS WILL CONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT MTO VIEXISTING STRUCTURES ME FOR A SPECIFIC o J Of HEALTH SERVICES. PURPOSE AND ARE NOT TO BE USED TO ESTABLISH gyp„ p• ��Oe�'.�� APILICAIT- PROPERTY LINES OR F FOR THE ERECTION OFENCES lI�N,Bh l ADDRESSTEL. 47NOS744DER 7.E YOUNG a YOUNG RIVERHEAD"NEW YO K!2 AVENUE MONUMENT ■ ■ ALDEN W.YOUNG,PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y.S. LICENSE NO. 12845 *THEIOP C TA1f OSHOWN HEREONHOWARD W. YOUNG, LAND SURVEYOR ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS N.YSLICENSE NO.45893 ��'—'------_,� TELEDYNE POST N01779 1 c_ •I 4 ti� L 11/ NOTICE OF PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 20,1999 NOTICE IS, HEREBY GIVEN, pursuant to Sectibn.267.of the Town Law 'And the Codd gf the Town of Southold, the following applications will:,be: held for. public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at ,the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 20, IM at the time noted below (or as soon there- after as possible): .. 6:40 p.m. Appl,'No. 4685 — VIN- CENT TORRE. This is a request for a Variance under Zoning Code Chapter 100, Article III, Section 100-31C(2) based upon the October 20, 1998 Notice of Disapproval (updated January 27; 1999).regard- ing a building permit application to convert accessory barn" for retail sales in conjunction with applicant's Art Studio and Gallery, disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A -C Zone. Location of Property:1QO Sound Avenue, Matti - tuck, NY; Parcel ID 1000-120-3-1. 6:45 p.m. Appl. No. 4686 — ANDREA AND STACEY PALIOURAS. This is a request for a Variance under Article X, Section 100-102 based upon the October 20, 1998 Notice of Disapproval for a permit to use, part of an existing dwelling, disapproved in this B Business Zone District for a Gift Shop for the reason that an addi- tional use (for a gift shop) is pro- posed on an insufficient lot area of 51,400 sq. ft. (in conjunction with a principal dwelling use). Location of Property: 32570 C.R. 48, Peconic, NY; 1000-74-4-9. 6 :55 p.m. Appl. No. 4687 PRISCILLA STEELE. This is a request for a Lot Waiver under Article II, Section 100-26, regarding a substandard lot known as 275 Village Lane (west side), at Matti - tuck, NY, situated approximately 122 feet north of the Main Road. The March 22, 1999 Notice of Dis- approval states that the Zoning Code Article II, Section 100-25 merges this lot with an adjacent lot to the west (which fronts along the Main Road), identified as 1000-114- 06-03. The lot which is the subject of this -Waiver request is identified qn the County Tax Maps as 1000-114-6- 5. 7:05 p.m. Appl. No. 4688 — MARILYN GRUMET. This is a request for a Variance under Article XXIV, Section 100-244, based upon the March -12, 1999. Notice of Disapproval for a permit to con- struct two decks with insufficient front and rear yard setbacks. Lo- eation of Property: This is a corner lot located on the east side of Beebe Drive and the south side of Wilson Road, Cutchogue, NY; Parcel 1000- 103-9-4. 7:15 p.m. Appl. No. 4689 — MERLON AND ISABELLE WIG - GIN. This is a request for a Variance under Article XXII, Section -100- 232B, based upon the January -•21, 1999 Notice of Disapproval, for approval of total height of "as built" berm along/within front yards at 10940 MainRoad, East Marion, NY; 1000-31-11-13. 7:25 p.m. Appl. No. 4690 — LOUISE RICHARDS. This is a request for a Variance Article XXIV, Section 100=244 based upon the March 18,- 1.999 Notice of Disapproval, for permission to con- struct an addition which will have an insufficient .front yard setback, in part, at 400 Marlene Lane, Mattituck, NY, 1000-143-2-24. 7:35 p.m. Appl. No. 4691 — CELESTE THEOPHILOS. This is a- request for a Variance under Article XXIII, Section 100- 239.4A(1), based upon the'April 1, 1999 Notice of Disapproval, for a permit to construct second -story addition with 4 ft. balcony and "as built" first floor deck (most of ex- isting deck replaced a former porch), all located within 100 feet from the, top of the L.I. Sound bluff at 203655 'Soundview Avenue, Southold, NY, 1000-51-4-9. - .: 7:45 p.m. -Appl. No. ' 4692 , — CHRISTOPHERR AND HEIDE- MARIE GRATTAN. This is a re- quest for a Variance under Article IIIA, Section 100-30A.4 based upon the March 24, 1999 Notice of Disapproval, for a permit -to con- struct accessory swimmingpool in a front yard area, rather than the required rear yard, at 6305 Horton's Lane, Southold, NY; Parcel 1000-54- 7-18.8. 7:55 p.m. Appl. No. 4693 — L. TRAPIDO. This is a request for a Variance based upon the December 1, 1998 Notice of Disapproval, Article XXIV, Section 100-24411 for a permit to construct an addition (deck and existing storage building) which will have a cumulative side yard total of less than, 35 feet, at 205 Carrington Road, Cutchogue, NY; Parcel 1000-111-11-27. 8:05 p.m. Appl. No. 4694 — BARRY SHAPIRO. This is a re- quest for a Variance under Article XXIII, Section 100-239.411, based upon the March 17,1999 Notice of Disapproval, for permission to con- struct deck which is proposed within 75 feet of existing bulkhead, at 625 Wood Lane, Peconic, NY; Parcel 1000-86-6-7. 8:15 p.m. Appl. No.. 4672 — DOUGLAS AND AMY ROSE. A Variance is requested under Article XXIV, Section 100-244, based upon the December 3, 1998 Notice of Disapproval which states that the proposed addition at less than the required 15 ft. side yard setback at 500 Maple Lane, Southold; 1000-64- 01-20. 8:20 p.m. Appl. No. 4673 — JOHN (HANS) LANG. A Variance is requested for a shed location in a front yard, under Article IIIA, Section 100-30A.4, based upon a January 28, 1999 . -Notice of Disapproval. Location of Property: 190 Osseo Avenue, Southold; 1000- 87-3-20. 8:25 p.m. Appl. No. 4674 — STEPHENFRIEDMAN. (Continuation from April 22; 1999 hearing). Variance for cumulative side yards for dwelling addition at 2,140 Deep Hole Drive, Mattituck; 1000-123-04-4.1. 8:30 p.m. Appl. No. 4700 — MICHAEL AND GERALDINE ZUHOSKI. This is a request for a Variance under Article III -A, Section 100-30A.4 for a permit to locate dwelling, placing the preex- isting barn building in a side yard at 26481 Main Road, Cutchogue, NY; Parcel 1000-109-2-13.6. 8:50 p.m. Appl. No. 4695 — WILLIAM J. PRICE, JR. This is a request for a Variance under Article XXIV, Section 100-244, based on the February 1, 1999 Notice of Disapproval, for a.permit to locate new dwelling, a portion of which is proposed at less than 40 feet from the front property line at 100 Bay Road, Greenport, NY; Parcel 1000- 43-5-10. The Board of Appealswill at said time and place hear any and all per- sons or representatives desiring to be heard in thg above applications or to submit written - statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular • Town Hall business, hours (8-4 p.m.). If you have questions, please do not hesi- tate io call (516) 765-1809. Dated: May 4,1999. ' - BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 1699-1TMy6 i of Mattituck, in said 1, says that he / she is SUFFOLK TIMES, a .shed at Mattituck, in -,unty of Suffolk and 10 ,at the Notice of which . copy, has been regu- Newspaper once each weeks successively, +� day W (-�— Principal Clerk /Q 19 !25- 7— MIARY DIANA FOSTER ,ef'?UTARY PUSL', ", STATE OF NEW VA"K ,9, 6,24 152;2, SUFFOLK COUNlY Ci F• f'WES AUGUST 51,1:; 6 y�7lr9 ®�,d�� PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 April 7, 1999 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Application for a variance for Christopher & Heidemarie Grattan Dear Ladies/Gentlemen: Enclosed please find the following for the above referenced matter: 1. Application for variance 2. Z.B.A. Questionnaire 3. Disclosure Statement 4. Authorization letters 5. Filing fee check in the amount of $400 7. Short Environmental Assessment Form 9. Applicant Transactional Disclosure Forms 10. Six copies of survey Please place this matter on your hearing calendar as soon as possible. Thank you. f t PCM/mr Encls. Ver ruly yours, Patricia C. Moore 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: April 7, 1999 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RE: Zoning Appeal No. 4692 - Christopher & Heidemarie Grattan Transmitted herewith is Zoning Board Of Appeals Application 4692 - Christopher & Heidemarie Grattan . Also included are Notice Of Disapproval, Application For Building Permit, Applicant Transactional Disclosure Form, Z.B.A. Questionnaire, copy of Property Record Card, copy of Survey, Short Environmental Assessment Form, copy of Disclosure Statement and copy of Letter of Authorization. Reason for Appeal Continued Zoning Board of Appeals re:Grattan Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and asses the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b -3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The property has three "front yards" as defined in the Southold Town Code. The house fronts on Horton's Lane, the side yard fronts a paper street and the rear yard also fronts the same paper street. There will be no affect to the community, the property is already developed in conformity to the area. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property is large and meets the required set -backs however an accessory structure is not permitted in the "front yard". This property could not have an accessory structure in any logical location because of the language of the Zoning Code. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The variance is needed only due to Southold Town Code language difficulties. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The property is improved with a single family home and unfortunately, until the Zoning Code is corrected, all accessory structures will require a variance. 5. The alleged difficulty was not self-created. The pool company was to obtain the permit, they used a permit expediter who did not realize that this property had three "front yards", the hole was dug and all work ceased as soon as the problem was discovered. The owners have a mess in their yard with young children, we ask that the board expedite this application. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. 2 "; zo� signature State of New York ) ) ss County of Suffolk ) Sworn to this -/Day of April, 1999 Notary 10ublic LINDA J. COOPER Notary Public, State of Now York No. 4822563, Suffolk County oZodd Term Expires December 31, Town of Southold all boards Re: Application for Permits/Variances Christopher and Heidemarie Grattan Horton's Lane, Southold, NY 11971 SCTM# 1000-054-7-18.8 Dear Sir or Madam: Christopher Grattan and my wife, Heidemarie, hereby authorize Patricia C. Moore Esq., as my agent, to make an application to the Southold Town Zoning Board and any and all other agencies having jurisdiction with regard to the above property.. V truly ours, Christopher Grattan (;Z, rp nnn, 'I� DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of Christopher and Heidemarie Grattan. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practicioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of Christopher and Heidemarie Grattan before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: April 6, 1999 r r-� R a 7109 �� t4.t6.A (21871—Text 12 PROJECT I.O. NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .-nnu.Tfr��r fT.. 1— ­�nlatari by Annlicant or Project SDOnsorl r 1. APPLICANT (SPONSOR 2. PROJECT NAME Christopher & Heidemarie Grattan pool variance J. PROJECT LOCATION: Suffolk Municipality Southold County A. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide maps 6305 Horton's Lane, Southold 5. IS PROPOSED ACTION: Pool QNew ❑ Expansion ❑ Modificationtalteration 6. DESCRIBE PROJECT BRIEFLY: construct pool in "front yard" an accessory structure in front yard 7. AMOUNT OF LAND AFFECTED: 1 acre Initially 1 acre acres Ultimately acres 8. WILL PROPOSED -tACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes rJ No If No, describe briefly property has three front yards no accessory structures in front yard S. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? f U Residential ❑ Industrial ❑ Commercial ❑ agriculture ❑ Park/Forest/Open space G Olner Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAU? ❑ Yes No It yes, list agency(s) and permiVaoprovats 11. DOES ANY ASPECT OF THE ACT!,;*4 HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? 13 Yes Com: N• It ye:, list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑ Yes allo 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanllsponsor e: _) Christopher Grattan by Patricia C. Moore D71e; 4/6/99 I Signalure: - " 1 /7 11 j LU I It the action is in the Coastal Area, and you are a state agency, comp,let'e lneAF 1 Coastal Assessment Form before proceeding with this assessMej / " OVER i (Continuedon- reve side) lert APPLICANT TRANSACTIONAL. DISCLOSURE PORN Southold's Code of Ethics prohibits conflicts of the part of town officers and employees. The this form is to provide information which can what sible con ar YOUR NAME: C_�gq%'T47V L�%2rsToP���7� 5t 1-1F1G5'1y)*y01&C (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) Do you personally (or through your company, sponse, 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 teas 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 V 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 or the applicant (when the applicant - is a corporation); 13) 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�l,� applicant; or / D) the actual applicant-. y • I h DESCRIPTION OF RELATIONSHIP , �5 r11 r APR Submitted tl4.g d xy of �'�/ 199 Signature //c���I/�^__�!' Prtnt name 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 d a description of their interests. subject premises an (separate sheet may be attached.) /L none B. Is the subject premises listed on the real estate market for -.sale or being shown to prospective buyers? { } Yes ( XI 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? nn 2. Are the wetland areas shown on the map submitted with this application_ 3. Is the property bulkhe ded between the wetlanas area and the u-Dlaad7 building area? n/a 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? n/a E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? n/a- (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? no If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? no if yes, please submit a copy of your building permit and map as approved by the Building Department. if none, please state. H. Do you or any co-owner also own other land close to this parcel? no If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel residential and proposed use APR .....1..A�7 ., di ci rm=l-t a and Date �� _ -�✓ 3/87, 10/90Ik NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS MONDAY, JUNE 7, 1999 NOTICE IS HEREBY GIVEN, STATE OF NEW YORK) pursuant to Section 267 of the Town )SS: Law and the Code of the Town of Southold, the following application COUNTY OF SUFFOL)K) will be held for public hearing by the (1 �� 1 of Mattituck, in Said SOUTHOLD TOWN BOARD OF �! \ C 1. APPEALS, at the Southold Town county, being duly sworn, says that he/she is Hall, 53095 Main Road, Southold, New York 11971, on MONDAY, Principal clerk of THE SUFFOLK TIMES, a JUNE 7, 1999 at the time noted weekly newspaper, published at Mattituck, in below (or as soon thereafter as pos- sible): the Town of Southold, County of Suffolk and AppER No. 4692 — 7:00RI State of New York, and that the Notice of which EI CHRISTOPHER AND HEIDE- OP MARIE GRATTAN. This is a re- the annexed is a printed copy, has been regu- quest for a Variance under Article '100-30.A.4 larly published in said Newspaper once each IIIA, Section based upon the March 24, 1999 ;Son(c of week for weeks successively, Iiisapproval. fora permit to con- struct accessory swimmmgpool in a commencing Ori the day front yard area rather than the Of 19 required rear yard, at 6305 Horton's Lane, Southold, N.Y.; Parcel RXV- 54-7-18.8. ((JJ hU IL_, The Board of Appeals will at .aid time and place hear any and all per- Cipal Clerk sons or representatives desiring to be heard in the above application or to submit written statements before Sworn to be re me this concluding the hearing. The hearing will not start earlier than designated. Files for during day Of 19 -29 are available review Town Hall business hours11 2� regular (8-4 It have / p.m.). you questions, please do not hesitate to call (516) %G 76.5-1809. Dated: May 21, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS- GERARD P. GOEHRINGER CHAIRMAN - Bv Linda Kowalski 1713-1TA1}•27 W OFF -ICE OF BOARD OF APPPALCS Southold 9'o,ivn Hall 53095 Main Road Southold, NY 11971 765-18og ZBA tel. 765-g o 64 ZDA telefax. May 21, 1999 FACSIMILE TRANSMISSION to 298-3287 ATTN: LEGAL PUBLICATIONS Upon receiving this request,Ip ease return an initialed receipt at the bottom of this page to our fax at 765-9064. Please publish the attached Legal Notice in the next issue (May 27, 1999). Thank you. Very truly yours, 4A'L� eeW4-Z� Linda Kowalski Board Secretary Attachment Received at Newspaper Office by M i PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Att: Ms. Linda Kowalski June 2, 1999 RE: Christopher and Heidimarie Grattan Aplication Hearing Date: June 7, 1999 SCTM# 1000-54-7-18.8 Dear Linda: Enclosed please find Certified Return Receipt cards for the above referenced matter. Very truly yours, PATRICIA C. MOORE PCM/kk Encls. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Att: Ms. Linda Kowalski May 25, 1999 RE: Christopher and Heidimarie Grattan application Hearing Date: June 7, 1999 Dear Linda: Enclosed please find Affidavit of Mailing with Certified Mail Receipts and Affidavit of Posting for the above referenced matter. Very truly yours, Patricia C. Moore PCM/mr Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------------------------------------------------------x 1ka the Matter of the Application of Christopher and Heidimarie Gratten (Names of Applicants) Parcel ID #1000- 54 - 7 -18.8 -----------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT I, Margaret Rutkowski residing at Theresa Drive Mattituck , New York, being duly sworn, depose and say that: On the24 day of May , 19 99 , I personally mailed at the United States Post Office in Southold , 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 (x) Assessors, or ( ) County Real Property Office Southold, NY. , 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) Margaret Rutkowski Sworn to before me this 24day May '1999 otary Public) PATRICIA C. MOORE Notery Publia, State of New York Suffolk County • No. 4861668vo 0 Commission Expires June 16, PLEASE list, on the back of this Affrlm�it or on a sheet of paper, the lot numbers next to the owner nanzes and addresses for which notices were mailed Thank you. 1000-54-7-18.6 Carl Edstrom & wife 1 9 Grundy Place Merrick, NY 11566 1000-54-7-18.4 Herman Goldstein Trustee Apt. 1617 W 2801 N.E. 183 Street North Miami Beach, FL 33160 1000-54-7-17 Antone Sepnoski & wife 27965 Route 25 Orient, NY 11957 u 1000-54-7-16 Robert Corwin & wife 255 Jennings Road Southold, NY 11971 1000-54-7-15 Edward Czelatka & wife 395 Jennings Road Southold, NY 11971 1000-54-3-15 & 16 Nicholas & John Murray P.O. Box 212 Southold, NY 11971 1 V4910fiez: JW in6 Fbot ''Pdn7 ifi�4 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. 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 BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 � 305' 116R7 -JV' Z4, auT#41JJ o o� o� 3 's w Imo G� O% 4�t 5 (jo e�\� �OQO sP. . 0( P' T' SURVEY FOR CHRISTOPHER GRATTAN a HEIDEMARIE GRATT AT•SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK N UNAUTHORIZED ALTERATION OR ADDITION TO THIS GUARANTEEC SURVEY a A VIOLATION Of SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW CHRISM A COPIES Of THIS SURVEY NOT SEARING THE LAND HEIDEW SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SNAIL AIA FR! 1 p ZONING BOARD OF APPEALS I TOWN OF SOUTHOLD:NEW YORK �� L ----------------------------------------------------------x In the Matter of the Application of AFFIDAVIT Christopher and Heidimarie Grattan OF (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 54 -7 - 18.8 ----------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore residing at Terry Lane Southold , New York, being duly sworn, depose and say that: MAY , jgr r On the 24 day of May , 19 99 , 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 1. hereby confirm that the Poster has remained in place for -seven days prior to the date of the subject hearing date, which he ' a as shown to be June 7, 1999 (Signature) Patricia C. Moore Sworn to before me this Q Y day of May '19 99 WmARET Pd)k sta e dk 0 otary Public) N0.4982528 o.in su#* coo moo *near the entrance or driveway entrance of my property, as the area most visible to passersby. V109/anez: �GJ i, . !' n6 r�o0L 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: eAeisTa,,Ame,g t Yemir/ylljeie CeaffiaAl DATE OF PUBLIC HEARING: t1DA10,4y, TUNE 74 l999 7:06? -Al, 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 S a m and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 Ilo le 7-1 tl s la, SouTi�tot�) • OFFICE OF ZONING BOARD OFAPPEAL5 53095 Main Road 5outhold, NY 11971 (516) 765-1809 fax 765-9064 May 21, 1999 Re: Chapter 58 — Public Notice for Monday, June 7, 1999 Hearing Dear fi&oore: 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 5/30/99. 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. 7Ve trul yours, BA 0 ice Enclosures vl'agfQ/1CC: swoboqm % % I AC 0066L - Fedor 7.9e4 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: eArisTb ?Meg t #Flbelymele �ieaTiaN DATE OF PUBLIC HEARING: T, Vr �q97:06)0-Af.o�0�4 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 9 (516) 765-1809 3 0 5 Ilo je n Ars La. a it Tmd z it § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter G8 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 § 58-1 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 for them on the local assessment roll. The applicant or agent shall Me an affidavit that s/he has compiled with this provision. Update `d q s® FOR BOARD AND STAFF USE jq, L New /Information Page 21 - Appl . No. 4148 Matter of CHRISTOPHER GRATTAN Decision Rendered February 23, 1993 ACTION OF THE BOARD OF APPEALS Appeal No. 4148: Application of CHRISTOPHER AND HEIDEMARIE GRATTAN for a Variance to the Zoning Ordinance, Article III -A, Section 100-30A.3 for permission to construct addition (garage and attached deck) to existing dwelling with a reduced (southerly front yard) setback from a private right-of-way which intersects with Horton's Lane. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 51,603 sq. ft. in this R-40 Residential Zone District. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 54, Block 7, Lot 18.8 (previously part of 18.5 and 18) and is shown on the Minor'Subdivision Map of Louis Ramunni approved May 30,' 1973. Property Location: 6305 Horton's Lane, Southold, NY. WHEREAS, a public hearing was held on February 23, 1993 and at said hearing all those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, -the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the.following findings of fact: 1. The premises in question: (a) is a parcel of -land situate along the westerly side of Horton's Lane, Southold, Town of Southold, improved with a single-family, two-story frame house constructed during 1984 under Building Permit No. 12972;. (b) contains a total lot area of 52,200+- sq. ft. with 156.37 ft. frontage along Horton's Lane; 315.87 ft. frontage along a proposed private road to the south (southeast); z Page 22 - Appl. No. 4148 Matter of CHRISTOPHER GRATTAN Decision Rendered February 23, 1993 (c) is situated along a proposed private road to the south which was the subject of an application under New York Town Law, Section 280-A before the Board of Appeals July 1, 1980 (Appl. No. 2708 - Louis Ramunni); (d) is located in the R-40 Zone District as effectuated by the Master Plan revisions enacted January 10, 1989. 2. By: this application, relief is requested to -reduce the yard setback to the south, which is technicaly front yard area as defined in the zoning regulations, from the required 50 feet to 45 feet for a new garage addition 22 ft. wide by 24 ft. deep. A deck is also to be proposed maintaining the same 45 ft. southerly (front) yard setback. The height is proposed at 19 feet, which is less than the height limitation for a principal building. 3. It is noted that a survey lastly dated September 8, 1992 has been submitted by the owners showing the dwelling as exists to be situated, at its closest points: 67.9 feet from the southerly -front property line, 34.5 feet from the northerly side property line, 82.1 feet from the easterly -front property line, and 213.7 feet from the westerly -rear property line. 4. When subtracting the proposed width of the garage at 22 feet from the southerly setback at 67.9 feet, the difference is 45.9 feet.. The amount of relief requested by this application is permitted for this addition, being minimal at not more than a five ( 5 ) foot reduction from the' south side of the house. 5. In considering this application, the Board also finds: (a) the benefit to the applicant is greater, as weighed against the detriment to the health, safety, welfare of the community; (b) the benefit sought by the applicant is not unreasonable; (c) the relief is not substantial in relation to the requirements; '(d) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; ` Page 23 - Appl. No. 4148 Matter of CHRISTOPHER GRATTAN Decision Rendered February 23, 1993 (e) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community. (f) the addition is for a garage -and later a deck; this new project is not a major activity and will not create an increase in dwelling unit density or cause a substantial effect on available governmental facilities; (g) in considering all of the above factors, the interests of justice will be served by granting the relief as requested and further noted below. Accordingly, on'motion by Member Dinizio, seconded by Member Wilton, it was , RESOLVED, to GRANT approval of the proposed 22 ft. wide .garage addition, as requested,,with a setback from the southerly .(front) property line at not less than•45 feet. VOTE OF THE BOARD: Ayes: Messrs. Doyen, Dinizio, Villa Wilton and Goehringer. This resolution was duly adopted. lk NOTICE OF PUBLIC HEARING`_ SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 20, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 20, 1999 at the time noted below (or as soon thereafter as possible): 7:45 p.m. Appl. No. 4692 - CHRISTOPHER AND HEIDEMARIE GRATTAN. This is a request for a Variance under Article IIIA, Section 100-30A.4 based upon the March 24, 1999 Notice of Disapproval, for a permit to construct accessory swimmingpool in a front yard area, rather than the required rear yard, at 6305 Horton's Lane, Southold, NY; Parcel 1000-54-7-18.8. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before concluding the hearing. The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: May 3, 1999. BY ORDER OF THE SOUTHOLD OWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski OFFICE OF ZONING BOARD OFAPPEAL5 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 May 3, 1999 Re: Chapter 58 — Public Notice for Thursday, May 20, 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, 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 5/12/99. 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 S -W k 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: C'i�/57bP/JER+ SIE/DE�fAR/E �RAtTA.J DATE OF PUBLIC HEARING: var*144.es, m4y 024p�*A Ifff 7o' If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 mm. BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 30.E {�0�2TON=S ZANC. �SOt�T�{oL.d