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HomeMy WebLinkAbout4657,d i/ �q. e, f4. c; XR 3 / ? ./ 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 MARCH 4, 1999 Appl. No. 4657 — RICHARD AND DEBRA HEFFERNAN. PARCEL 1000- 80-1-48.1 STREET & LOCALITY: 580 West Shore Drive, Southold DATE OF PUBLIC HEARING: February 23, 1999 FINDINCi5 OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS /DESCRIPTION: The subject property is located along the northerly side of West Shore Drive, Southold. The survey submitted with this application shows an existing single- family dwelling and small existing deck (3' by 6' plus steps) on the east side of the dwelling. BASIS OF APPEAL: The Building Inspector's Notice of Disapproval, under Article XXIII, Section 100-239.48 for the reason that the proposed deck addition is less than 75 feet from existing bulkhead. AREA VARIANCE RELIEF REOUESTED: Proposed is a new deck 15' by 33' long with a setback at 40 feet (from the bottom step) from the timber bulkhead at its closest point. REASONS FOR BOARD ACTION. DESCRIBED BELOW: Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the deck addition is similar in size and location to other decks enjoyed by property owners in the area. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the property is small (12,486 sq. ft.) and narrow (65 ft.) waterfront lot. The requested area variance is substantial in relation to the code required 75 ft. setback from bulkheads. However, the existing footprint of the house is 55 feet from the bulkhead and the deck addition would increase the degree of nonconformity by only 15 feet, which is not substantial. The difficulty has been self-created and is due to the applicant's desire to enjoy a waterview. Pagp#2 - March 4, 1999 Appl. No. 4657: 1000-80-1-48.1 (Heffernan) Southold Town Board of Appeals The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the addition is located at a sufficient distance from the bulkhead and is further protected by the presence of a beach area seaward of the bulkhead. In considering this application, the Board finds that the relief requested is the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance as applied for, SUBJECT to the following CONDITIONS: 1. The deck shall remain unroofed and "open to the sky." 2. There shall be no further extension of the structure toward the bulkhead. VOTE OF THE BOARD: GOE Island was absent -excused.) (Member Horning of Fishers GERARD P. GOEHRINGER CHAIRMAN For Filing 3/10/99 RECEIVEM AND FILED B14 T11T::-'v " Id CU -1i "", 3//0/99 I3C-JR q: 3oAw( Town C?. Kc, Tov n of NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, FEBRUARY 23, 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 TUESDAY, FEBRUARY 23, 1999 at the time noted below (or as soon thereafter as possible): 7:35 p.m. Appl. No. 4657 — RICHARD AND DEBRA HEFFERNAN, This is a request for a Variance under Article XXIII, Section 100-239.4B to locate proposed deck addition at less than 75 feet from existing bulkhead, at 580 West Shore Drive, Southold, NY; Parcel 1000-80-1-48.1. The Board of Appeals will at said time and place hear any and all persons or representative desiring to be heard in the above application or desiring to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: February 3, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN FORM NO. 3 TOWN OF SOUTHOLD e BUILDING DEPARTMENT SOUTHOLD, N.Y.<t �:� 6tnA_4__2 qtr-%ffm�s NOTICE OF DISAPPROVAL DATE: 6/23/98 Bob Grigonis A/C R.Heffernan To........................................ P O 1611 S4V51141Q.?x.1}9,71................... PLEASE TAKE NOTICE that your application dated AAY.14o............. 1998 for permit to construct• • deck addition for a single family.dwelli.........ng .....at ••••••••••••••......•••••• .................... Location of Property 580 W. Shore Drive ... Southold Nouse No. Street Hamlet County Tax Nap No. 1000 - Section .$Q....... _ BLOCK . 1........ _ LOT .4.8.,] ._ _ „ _ Subdivision ............................... Filed Map No. .... o .... Lot No. ------- is returged herewith and disapproved on the following grounds Pnoar Article %%IIT,_--,• Section 900-239.4B, where there exists a bulkhead all construction shall be setback •••• .................................... .. no less than 75' from said bulkhead. Proposed construction will be 40' *or- from the bulkhead. r Notes Other agencies may be involved. ................................. .-!y!•�• . ...... BUILDING INSPECTOR RV 1/80 .._. yc.�;,sullrNo,� Examined..... .............. 19.... FORM NO. TOWN OF SOUTUOLD BUILDING DEPARTMENT TOWN HALL SO111'11OLD, N.Y. 11971 TEL: 765-1802 Approved ............. 19Q�% P .............. Disapproved a/c ... 1 V ' YARD OF HEALTH ............... .3 SETS OF PLANS ................ SURVEY .... CHECK .....4 .............. SEPTIC FORM ................. .................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS NOTIFY: CALL 14�:. J .�9n1, MAIL. TO:. ?r, t 6,0 �J S . ......... ... .. Date.. .(.:T.. .,19 a. 'this application must be completely filled in bytypewriter or in ink.ard sulmitted to the Wilding Inspector w 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or txWic 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. 'Ilse work covered by this application my riot be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector wilt issue a Building Permit to the applicant. Such permit •snail be.kept on the premises available for inspection throughout the work. e. No building shell be occupied or used in vibole or in part for any purpose Whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICN110a IS 1)100 tMW to the Building Department for the issuance of a Building Permit pursuant to the Building Zane Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, 'additions or alterations, or for removal or demolition, as herein described. The applicant agrees to crngly with all applicable laws, ordinances, building code, housing code, and regulations,iand to admit authorized inspectors on premises and in building for saJ,r inspections. ................. (Signature of applicno, if a corporation) (Mailing address of applicant) State whether applicant is owner, leasee, agent, architect, engineer, general contractor, electrician, plurber or huildf ................... 3.q. (.4. FAL ............................I................................................... . Name of owner of premises .... �1..C5:.��... ¢...G >51 x - /_L .... /-6 � f:. /CN .A AJ .....................'... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ..............................I........................ (Name and title of corporate officer) Builders License No.�ZZ-33....... ... Plumbers License No . ......................... Electricians License No . ..................... Other Trade's License No . .................... I, location of land on which proposed work will be dome d .....y Sffo>C rf .l�/.��.:.... 5%}oR j„ SL U....... ..... .....:.......... ............ House Number Street I \ ..6-6.0.. Block Lot County Tax Map No. 1000 Section..... .......t........ ............ Subdivision ........................................ Filed Map No..........,..... dot (Name) .. 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use: and occupancy ....... 1.Q.{4 e....f. Y.+6:::— .................................... b. Intended use and occupancy ...... gc$ .. ... ..... YM IN .._.....4 .8 sec wftd wmn* rmu0 7. tloture of work (dickviildiapplT`d Ae)t Neo+Ouilding .......... Add1t1W � .. Alteration .......... Repair ............ Removal ....<.....,... Demolition, ........... Outer 176rk ....... . ............... ,E/ o� ` (ikscription) 'r. Est innted Cost .... J.O � . o o .. fee .... (to be paid on filing this application). 5.. If dw,ell.ing, uniterof dwelling units .......... !:niter of dwelling units on eadt .floor ifgarage, !miter of care ..................................... 6. If business, commercial or mltemf occupancy, specify nature and extent of eado type of use .............,........ 7. Wittensions of existing structures, If any: Front ... 3. . r r p[h .. hear��..2-�........ fie .... ........ r Ikight ..... c9AR ............. Nutlper of Stories ..... ��'�,-........... Ilinensiots of seats stnncture with alterations or additions. Front ............... dear ............... Depth .... .............. Ileight .................... limiter of Stories 8. liintenaions of entire new iwnstruction. Front .....?. 3..... hear ... .. Depth ...l ,$ ...... (/ IleidM ........ ., Ntniter of Stories ..., e 9.... Size of lot:, Front Rear ....J�A. ..... lleptli .... fp 10, hate ofPiurdiase .... N+rrne of IbnnerOwiter .....%Z.f--./!/d;.... ...%..�R✓N.st�, 11. Zone or use district ln'chidn premises are situated ....................................... 12. lines proposed construction violate a" zoning law, ordinance or regulations ...d,54 ........... 13. Will lot be regraded I ...... 1J. 4:> ...... Will excess fill be removed from premises: YES N IC Nates of Owner of premises J tom':�!.0/�t.'.T!�4('FaRN.?t�/uklresaso!�!�')4'Y!;:Y.R,..l�ksR2.!C.�'f.. fltate No . .............. !tune of Ardiitect ..... Address .............................. Phone No. ............. .... .... .... . tame of Contractor<BP ..�R.6 nt ............ A:klreas �?a�c�6t1� SauRrtP �.......Pbone No. 7.�'�' 15. Is this property within 300 feet,of a tidal wetland.? * YFS .....•.... NO .......... *IF m rs, SOI UD 1Udi TMISIM Pg "IT MAY 8g MPIRFD. PLOT DIAGRAM• locate clearly and distinctly all buildings, wliether existing or proposed, and Indicate all set -perk dinensiona frrnt property lines. Give street and block outlier or description according to deed, and show street nares and indicate. %Atether interior or corner lot. t .!•Alii OF N; Y(ktK, r, ... SS t11l1NIY OF .. //J ../. - .'./... .F. �.. �G� S ......being duly sworn, deposes and says that be is lite applicant .... ...... . .. ....... (N.wte of individual signing cont 't alcove named, e is Lite ....... (Cattract'or agent,.)torporate officer, etc.) of said owner r wt , mid is duly authorized to perforin or have perfontted lite said work and to make and file this application; that all staUitettts contained in this applicatioti are true to the best of his knowledge aid belief; slid that Lite Murk will be performed in the neinner set forth in Lite application filed therewith. 9A)rn to before /pcdZ Lill. .... ......(..1. .day o ./... x......19 . tE�--\�4�*�K Notary Ris //.. ... L (Sigrknl:ure of App vtC) 11Mte/ Xt ��� t�mangnMtoa Dost TOWN Of SOUTHOLD,. NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO TILE ZONING BOARD OF O I, (we) ... of .....:4 Nome of Appellant ............ t. (^.... zn.....I................................. Municipality '�rLb d..Ct'ry' S . APPEAL DIB. DATE .1 `.f >�. ...... �i DEuYP e �bxl6tir So ez iaZA.l7 y' 3.�'....j...:Sge..`I�.{ t...... /197/ Street and Number S �..`*! .........HEREBY APPEAL TO tote THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING lNSPF:CI-OR ON APPLICATION FOR PERMIT NO . .................... ..........I...... DATED ...... ? .iAl.nx..................... WHEREBY THE BUILDING INSPECTOR DENIED TO fccSns:S.....No '.'� Marne of Applicant orpermit of Street and Number Municipality Stat ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION O St`FZ+2.r� °(iC . cc�-tat_ ........................... F THE PROPERTY..........._,..............r...... ,... .............................. . Street /Ilainlet / Use District on Zoning Map Di C;; Block/ Lott'; .._... strict ......,._ 1000 _ .............._...... Section �._._....._......_.........-.:/_.Curren t .Owner Ll�-rFts9_N RIO _ Mop No. Lot No. Prior Ottner 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and P=9 raph of the Zoning Ordinance by by number. Do not quote the Ordinance.) Arti( LU,. Section (lira ^ 'c�-�l • 4B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (5-1 A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (hos) (has not) been made with respect to this decision of the Building Inspector or with respect tothis property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas mode in Appeal No.................................Dated................................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that +x tF cq> tt VoS,�-b C 04 AQi $ zj T '7!5 F tFCT" ice"\ -5',4 0 <D',ta (-eA-3 . ni ur—POSa `€>t<_ -L- i Form Z.tti ,. (Continue on other side) Do not use'. these standards tor "use variance" Or"special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: iJC�LCck1 4oaaiN� i�r�r3 S Fi �F 47 ctC,S pAc.,� cr- 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.- �M- T -C:; & e &-tea�— �afi6 veee-w: 3. The amount of relief requested is not substantial BECAUSE 4. Thevariancewill NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE G4A,4- a -s tv v --11>&-e— i_ 5. Has the alleged difficulty been self-created? ( ) Yes. No. 6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character -of the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) 4 COUNTY OF SUFFOLK) Agent must attadt[ writtenconsentfrom' owner. Sworn to before me this day of 42 r�lri AI7> �11�r�J Notary Public UNDAR KOWALS I :zz#z::z:::zz:zzzzz NoUry PWIc, Safe of Newywk rxtl r! f o ra . var/ temp No. 524524771 QuaM'ied in SuifoULCOMW Commission Expires Nw-a?M� TOWN OF SOUTIHOLD OIPERTY - REC®R® C�4RD' OWNER STREET ILLAGE - DISTRICT SUB. LOT t Oo{ 1 FORMER OWNER N E ACREAGE ore a rtrinor S W TYPE OF BUILDING RES. 6 SEAS. VL. FARM COMM. IND. CB. MISC.12 i LAND IMP. TOTAL DATE REMARKS /" V z �T W. .S �e /)a U�'�O.fJ�2_T_ Sa3 /1'7'.�,u NEW NORMAL BELOW ABOVE Farm ` Acre Value Per Acre Value Tillable 1 _ Tillable 2 -_ Tillable 3 Wcodland ' Swampland Brushlan� - House Plot — - --------- ----- Total s 1 G 4? N it iJ:A Y ., �, , , � ,t s ; ;,,--. l4!1;�4R Cay'•;` �'�?c�& t�?'Y �6cpcFt crs dskewtn On filed trta - e I TQ Tia -,_ aU ;�• ,s---�. _.�;, X12"' '\ V �t'mbo� butklrn�d 7oWN.CX= S)ui'HOLp, N.Y. f -, n; 4i1 Su f Pik Ca "r'J'ittx ct? A Itcwc"; <,,. • .. � . �:.. `. \ Dl�� lQD,C?t 5eC�.QfiO;$/oc�'!, �C(.�4£3. t %a - nel 54 'CkiP A��'/v \, Seaxle: 40'- ,,,� ' fr. house ; } •t4`oQP ,t, 9, ', Gl : motdvtty�rY#• `tie., _ i i y I i - o"�'e CS y6o2�'�Om ,°• `.` 77?le NQ. 07- 9 Z 2 7© Q .. SI'• ,� i F�LANU SUPv. �i a -� � :�� O i Nohr:l..:a!" mutt+b�*r3 skown rm�r'•lti. P 0 Q failed tn; the Sv�o�k. Cotxtfif Cl�r4� i i >ly G cr�'icet cf Mq�lr''tJa 831 1 . 1, - , _ .. IMA?ro!F+e!ee+r..rvwl,ry I ' , y i Ic drh survnytssNnMllnnM , ' 1 I � Fkhh,,a On2Lev411hn New Ynrk nln+. .tt Colas of Ibis eu •rms nnttaartrul-t"�7MCXffi ^ '110`%e a— vial Annddu w•eMedsealm .mb eod911mbecoosyaAneeo aha..tncYtG tY le! *',t fCJB t and '!•G •'!'kt3 r..7'�"K7U'!'!JdlC� �Y!l7ej'b ,Bd1?6' �•�'s'o.`iw � -_ . eesNldfcstedhdreonshortr,-, . o ylomepe sontorrfiam mesonroy as'llffOx t6i l9 • - ^ kpmpared, Pndan htebahalftody '� '` m.�aUln 9oVB21 Iiht arc X29 g. •. ,y. ntalog � sA'tyr-ax, --�--3^'--•-,.�r_,.•.�. ;;r •a.e .: ,. a.,� -h"•$ ,'v,.Yi�e'm��"s�s��='*if,,.. i �.....- -,0 97 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE March 24, 1999 dA R P N G_ I Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Trupia, Maria 4644 Hands, Jr., William A. 4651 Gorenkoff D.M.D., Miles D. 4654 Aeffernan, Richard 4657 Bartos, Jeanne Sweet 4658 Gremler, William 4659 Violett, Ellen 4661 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:1111 CCIZON INGIZONINGIWORKINGILDSIMARISD4644.MAR LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. 0. BOX 6100 ■ (5 1 6) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788.0099 TELECOPIER (5 1 6) 853-4044 1 � 1 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 Ca[mission: XXIII 100-239.46 XX Variance from the Zoning Code, Article Section Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4657 Applicant: Richard Heffernan Location of Affected Land: 580 West Shore Drive, Southold, NY County Tax Map Item No.: 1000- 80-1-48.1 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.. to locate proposed deck addition at less than 75 ft. from existing bulkhead Copies of Town file and related documents enclosed for your review. Dated: March jd , - 1999 36'' KAN.D?,AILS ti it ill ST5 ;LX'hi- CC- A a- X MI Oc- t -t Ertl SL CA a it tee. eW A As -rc>P X14 Li P7 17 c c A. lot IA I G14 March 10, 1999 Mr. Robert Grigonis Box 1611 Southold, NY 11971 Re: Appl. No. 4657 — Setback Variance (Heffernan) Dear Mr. Grigonis: Enclosed please find a copy of the Appeals Board's determination issued on March 4, 1999. A copy of this determination has been furnished to the Building Department for their permanent files and update. Please be sure to obtain a permit from the Building Department before commencing activities related to the new construction. Very truly yours, Linda Kowalski Board Secretary Enclosure Copy of Decision to: Building Department Town Clerk 3/10/99 APPEALS BOARD MEMBERS Gerard P. Goehrmger, Chairman = y1 James Dinizio, Jr. c ' y Z Lydia A. Tortora 15 Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 4, 1999 Appl. No. 4657 — RICHARD AND DEBRA HEFFERNAN. PARCEL 1000- 80-1-48.1 STREET & LOCALITY: 580 West Shore Drive, Southold DATE OF PUBLIC HEARING: February 23, 1999 FINDINGS OFFACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/ DESCRIPTION: The subject property is located along the northerly side of West Shore Drive, Southold. The survey submitted with this application shows an existing single- family dwelling and small existing deck (3' by 6' plus steps) on the east side of the dwelling. BASIS OF APPEAL: The Building Inspector's Notice of Disapproval, under Article XXIII, Section 100-239.4B for the reason that the proposed deck addition is less than 75 feet from existing bulkhead. AREA VARIANCE RELIEF REQUESTED: Proposed is a new deck 15' by 33' long with a setback at 40 feet (from the bottom step) from the timber bulkhead at its closest point. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the deck addition is similar in size and location to other decks enjoyed by property owners in the area. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the property is small (12,486 sq. ft.) and narrow (65 ft.) waterfront lot. The requested area variance is substantial in relation to the code required 75 ft. setback from bulkheads. However, the existing footprint of the house is 55 feet from the bulkhead and the deck addition would increase the degree of nonconformity by only 15 feet, which is not substantial. The difficulty has been self-created and is due to the applicant's desire to enjoy a waterview. Page 2 - March 4, 1999 Appl. No. 4657: 1000-80-1-48.1 (lief reman) Southold Town Board of Appeals The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the addition is located at a sufficient distance from the bulkhead and is further protected by the presence of a beach area seaward of the bulkhead. In considering this application, the Board finds that the relief requested is the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance as applied for, SUBJECT to the following CONDITIONS: 1. The deck shall remain unroofed and "open to the sky." 2. There shall be no further extension of the structure toward the bulkhead. VOTE OF THE BOARD: GOEHRIN NIZ NS (Member Horning of Fishers Island was absent -excused.) s Resoluf w!�� y� , 4 GERARD P. GOEHRINGER CHAIRMAN For Filing 3/10/99 February 27,1999 Southold Town of Appeals 53095 Main St. Southold, N.Y. 11971 Dear Zoning Board, I understand from my contractor Bob Grigonis that on last Tuesday February 23, the Southold Board of Appeals was reviewing our permit to build a 15'x33' deck in my backyard. It is our understanding that one Board member thought the width of 15 feet would take up too much of our backyard. None of my neighbors have any problem with the size which will be low to the ground and not present a problem for anyone. The main reason for the deck to go out 15' from the house is because our house has casement windows that will swing out onto the deck taking up approximately 2 feet. This will only leave 12 1/2 to 13 feet of actual living space. A family of five sitting around a table takes up a lot of room, so I really don't think the 15 feet is alot. There will still be more room left in the yard for our flagpole and space to play catch with our sons. We also have a very large front yard. We are very excited about our new deck and look forward to many years of enjoyment spending our time in Southold. We hope you understand the reasoning behind the dimensions of the deck. We look to your approval as soon as possible. Sincerely, Richard Heffe 730 West Shore Drive Southold, N.Y. 11971 (516) 781-2694 V 1 19919' //r/ z,-bA- - b) --V-11611910 �ff��� _ 1 s .� - s �►.�-r -�- yrs ��c J ����d X , �i,¢;�L/ -d' •� % r�vr Ls fI-5_T 5 / mLF o F �i�` U� r� mss` i����� �` a �u r �✓ U o To 77/1 ,:!�- /voe� i H , Hcr lieg cess C.- i 9t Spy 4 2 r \ GIL C N Aa la -a 5 pjL Appl. No. 469 ( . = I `�FnqOYLE UM. wWWI.0 WO Aq, egantiWa, I a—*4; P erped with d* 4F 34;p'#t- at said.; avcr,; - d9por st4w. F. C IP9 A P1 Wx -AND. --AWN* SINW "'1 4 Awal A STATE OF NEW YORK) k kuaF P- daWijP. MW&Mtl 1011%,41jiMpim 914-7"."a )SS: OF SUFFQW strict :a proposed Z &UNTY 6MADArof Mattituck, 07 county, being duly sworn, says that he 0 Principal clerk of THE SUFFOLK TB ab ' Oil* weekly newspaper, published at Mattit PPithe Town of Southold, County of Suffc State of New York, and that the Notice o the annexed is a printed copy, has bee larly published in said Newspaper one week for weeks succe., commencing on the 0 `York on `*ork I T 44�0'- r 19R—. ARY fTUEWAXV=o 4ina I-JEANNE SVVW� 0 *ana0plWa' Sworn to before me this /7Zk a6d Wy dd 2"Bo band upon day of 9 Notices ' of. 'I-visapPi' — —2j-- ot ft 1WU 7-,-Iw9- for :100:Ddli f0i "Webascaks MARY DIANA OTARY PUBLIC, STAT 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 Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 14, 1999 RE: Zoning Appeal No. 4657 - R. Heffernan Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Appeals No. 4657 - R. Heffernan - Zoning Board of Appeals application for Variance. Also included is Notice of Disapproval with Building Application attached, copy of survey, copy of plans, copy of property card, letter from Trustees, Applicant Transaction Disclosure Form, and Z.B.A. questionnaire. Albert J. Krupski, President James King, Vice -President Henry Smith Artie Foster Ken Poliwoda April 23, 1998 �o��SUFFo[�c o Gyl N = � • o4 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Richard and pebarar Heffernan 50 Raydon Drive N. Merrick, NY 11566 RE: Richard and Debarah Heffernan SCTM #80-1-48 Dear Mr. & Mrs. Heffernan, Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1882 Fax (516) 765-1823 The following action was taken by the Southold Town Trustees on Wednesday, April 22, 1998, at their Regular Meeting: RESOLVED, that the Southold Town Board of Trustees grant a Waiver to construct a 15' X 33' deck onto existing dwelling. Located 730 West Shore'Drive, Southold. However, this approval does not constitute approvals from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, 9, Albert J. Krupski, Jr. President, Board of Trustees AJK/jmd cc. Bldg. Dept APPLICANT TRANSACTIONAL DISCLOSURW FORH he Town of Southold's Code of Ethics prohibits conflicts nterest on the parL of town officers and employees. The urpose of this form is to provide information which can lert the town of possible conflicts of interest and allo ever action is necessary to avoid same. YOUR NAHS: CegG 1& 0 ") is r> e> (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If -so, indicate 'the other person's or company's name.) . NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance '?< Change of zone Approval of plat Exemption from plat or official map Other (If• "Other," name the activity.) Do you personally (or through your company, 'spouse, sibling, parent, or child) have a relationship with any officer or employee of.the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in Which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares.. YES NO _'>.!f 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): B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant= or D) the actual applicant. DESCRIPTION OF RELATIONSTIIP Submitted this 15 d y of l 199-q Signature a ~ Print namee 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: eparate sheet may battached.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes [>49 No. Uf Yes, pleas gttarh ropy of "conditions" of sale.) C. Are there any proposals to change = alter land contours? { } Yes No D. 1. Are there any areas which contain wetland grasses? 0 0 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bul�d between the wetlands area and the upland building area? �,=5 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? ry ,.:;, (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencers which exist and are not shown on the survey map that you are submitting?i® If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? �ap If yes, please submit a copy of your building permit and mas approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? W If yes, please explain where or submit copies of deeds. I. Pleaset present use or operations conducted at this parcel r$S p 0y--�u K C_ and proposed use <_F K--1 o 0 L5 -W7- LA- Flr� l Au norized S' nature and ate 3/87, 10/901k FOR BOARD AND STAFF USEle��`"`Q,J Updated New Information .21( 9-1 Co -L" �O-w�r- .� a c � ����� &tet - OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 February 3, 1999 Re: Chapter 58 — Public Notice for Tuesday, February 23, 1999 Dear Applicant: Please find enclosed a copy of the Legal Notice describing your application. The Notice will be published in the next issue of the L.I. Traveler Newspaper, the Town's official newspaper for 1998-99. 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 location of this project 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. 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 2/1.5/99. 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 postpone your hearing if the required steps are not followed. Thank you for your cooperation. very truly yours, ZBA Office Enclosures Vf1p.,&VC6-*v �Ea/1-.6W4!,'11FRD s;C71Ac.o� 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: RJ0#A0q.l7FBR9 11EFFilkolyhAl DATE OF PUBLIC HEARING: Tis,, Irs,a. �3, /999 7* 3SP m. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (516) 765-1809 "'570 EST S��D�.D�. sdar//a L� is BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 Mr. Bob Grigonis P.O. Box 1611 Southold, NY 11971 N 0. F_ I L BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 Mr. Bob Grigonis P.O. Box 1611 Southold, NY 11971 N 0. F_ I L ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -----------------------------------------x In the Matter of the Application of (Names of Applicants) Parcel ID #1000���-� -------------- --__ —x COUNTY OF SUFFOLK) STATE OF NEW YORK) M y AFFIDAVIT OF MAILINGS CEO i�V f + FEB 1999 ( � I, 'aoj GR�Gan<�S, residing at so u.4e /d , New York, being duly sworn, depose and say that: On the �C-e day of Fz-� O - ,1911, I personally mailed at the United States Post Office in SogT4 6 - O , 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 04Assessors, or ( ) County Real Property Office Sa La %-�o—o to--- 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. (signat e) Sworn to before me this /6, day of/ �`3��d-y , 19 Q� . ��✓-C/� ELIZABETH A STATHIS NOTARY PUBLIC, State of New York ( tary Pub 1c) No. 01 ST60081 Y3, Suffolk County Tern Fxoires .June 8, 20-!L210 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 maile(L Thank you. rn rn .Q Q O O O M 0 LL CO a t Z 44q 970 448 US Postal Service Receipt ur Cei rtified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse I to gq C� 71:r ' L.1 N OA v tJ Z trL Street & Numbers w e, -ST S -Aa- ea + V 449 970 450 US Postal Service ) Receipt for Certified Mail J No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to 4.f. N.a h ('34 Or— "SuS.k.,.A Po22-'( Stet i Nu1n6era 1ST• � W p J—tIl 4- Z Z 449 970 449 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse / Sent y 4. { � (/ o C ��-- + Z 449 970 447 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (Sea reversal Sent to C� 'DOtA6LA%11 `66.N ri T L Street & N mber Ozi 0 Pym Post Office, State, & ZIP Code Postage $ _ J Certified Fee f L/b Special Delivery Fee Restricted Delivery Fee NOL® Return Receipt Sho Whom & Date Deli r Return Receipt Shm i g to Whom, Date, & Addressee's ddre TOTAL Postage Fees $ 2 Postmark or Date� GS,�S N4 1 ry N ZONING BOARD OF APPEALS TOWN OF SOUTROLD:NEW YORK In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000-�_ C COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Ba i Ct 04 ;5 - residing at I FEB 3999 v AFFIDAVIT OF POSTING C,,i,New York, being duly sworn, depose and say that: On the V5 day of �:7 8� 0 ,19 , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was owe to be (S' nature Sworn to before me this / �, day of 190. ELIZABETH A STATHIS NOTARY PUBLIC, State of NewYork Nota Public No. 01ST6008173, Suffolk ;;gguut�ty (Notary ) Term Expires June S. 20.. *near the entrance or driveway entrance of my property, as the area most visible to passersby.