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Home My WebLink About4675APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman = y< James Dinizio, Jr. y x Lydia A. Tortora • T Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION SPECIAL MEETING OF MAY 5, 1999 Appl. No. 4675 - ANTHONY HUGHES and SUSAN HULME STREET & LOCALITY: 1330 Salt Marsh Lane, Peconic 1000 -68 -3 - DATE OF PUBLIC HEARING: April 22, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The subject property fronts along the Long Island Sound and consists of a total lot area of 25,232+- sq. ft. and lot width (frontage) of 85 feet along Salt Marsh Lane, a private right- of-way. Existing at the site is a one-story frame dwelling with screened porch and accessory wood shed in the front yard area. The parcel is divided near its center point with the Coastal Erosion Hazard Line, where the dwelling structure presently exists. The dwelling side yards are shown to be 7.6 feet on the west side and 12+- feet on the east side, for a combined total of 19.6+- feet. Also located on the property are steps leading to the bottom of the bluff, and in the southerly front yard area a 8.2'x 10.2' accessory wood shed. BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated January 21, 1999 citing Article XXIV, Section 100-244B for the reason that the permit for "relocation of an existing single family dwelling" is disapproved because the required side yard for lots with 0.58 acre would be 15' minimum with a total combined side yard of 35 ft. AREA VARIANCE RELIEF REQUESTED: Applicants request a variance which will allow relocating the existing single-family dwelling landward of its present location, approximately 20 feet south of the Coastal Erosion Hazard Line, while maintaining the same nonconforming side yards 7.6+- feet westerly side setback and 12 feet easterly side setback. The dwelling will also be located further south of the top of the bluff line than currently exists. OTHER: The Suffolk County Health Department has issued a permit with respect to a new sanitary system as noted under H.S. No. R10-98-142 dated January 20, 1999. REASONS FOR BOARD ACTION: After consideration of the entire record, testimony at the public hearing and other evidence, the Board finds the following facts to be true and relevant: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because relocating the dwelling will aid in preventing damage to the bluff and adjacent bluff -facing properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the house remains the same and is not being reconstructed or redesigned. 3. The requested area variance is not substantial because there is no increase in the present degree of nonconformity. w Page 2 — May 5, 1999 ZBA Appl. No. 4675 - Hughes & Hulme Parcel 1000-68-3-3 4. No evidence has been submitted or suggested that the grant of the variance would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The dwelling is being relocated further south of the existing top of the bluff and south of the Coastal Zone Hazard Line. 5. The alleged difficulty is related to the topography and changes in soil conditions and therefore is not self-created. In considering this application, the Board deems the grant of a variance to relocate the same single-family dwelling structure as requested to be the minimum necessary and adequate, while preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DIN , TORTO and COLLINS. rn r H nng of Fishers Island was absent -excused.) This Resolution was duly adopted (40)., ' 2-7/ GERARD P. GOEHRINGER CHAIRMAN For Filing 5/7/99 ?'MED BY I T0wn C_ � i uthold Article. AA111, colt t+lU•JJ9-ab rww. and Article IIIclron0A:3s: 8:00. p iii APF'' No^.462'``0 based upon tw..,,,.obraary 23, 1599 Notices Disapproval Ny staie eitFPc�'; _ that the to 0-s raised`f� app guested -based uppaEthrr.3@nq_ . is less than -Eget=front t199g NDGce rof-,.S,pAv and wiA exceed20yo lot"snverage. statesthaf FunderArttel'e " deck is proposed to be located with, ...100-239. in 75 feet of existing bulkhead .. additioi Location of Property: 610,,Jockey" amende Greek Drive,': Southold, NY; Parcel"= March d No. 1000770,5-11. -. ''- than 75 at Dated: Apt GF�h ETof Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published V said Newspaper once each week for _weeks Qsuccessively, �day commencin on 19 Of �� t 0.� � 'w to Principal Clerk Sworn to before me this /1Z day of 19 C�NO.�� SS ' EXP RESS AUSGUSC U 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: January 21, 1999 To: Mr: Anthony D. Hughes 1330 Salt Marsh Lane Peconic, New York 11958 PLEASE TAKE NOTICE that your application dated December 2 . 1998 For permit to Relocationof an existing single family dwelling at Location of Property. 30 Salt Marsh Lane Peconi am e New York County Tax Map No. District ' 1000 - Section 68 - Block 03 - Lot 03 Subdivisions Filed Map No. Lot No. Is returned herewith and disapproved on the following grounds: Under article XXIV Section 100-244.11the required side yard for lots with 0.58 Acres would be 15' minimum with a total combined side yard of 35'. The existingdwellinghas side vards of 76' & 12' for a total side yard of 19.6'. The relocation of the existing dwelling proposes to use the same side yards Since this is not in the original footprint of the existing dwelling it is considered a violation of the zonin¢ ordinance James A. Richter, A. Building Department ` •.. � � p /tea FEB 2 5 190 �� 7 J TOWN OF SOUTHOLD, tJ13W0Y1Q0Rr Southold APPEAL FROM DECISION OF BUILDING" INSPECTOR APPEAL NO. DATE 1999 TO TI IE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ANTHONY D. HUGHES and )33Q..Sa1k.�is3XSki. dA .,. onic•..L1958 I, (Wc) SUSAN..Ii.UL�Fi ..»...............................of Nanta of Appeilont Street and Number .SoutholdNi'., ........ � .......................... ... ... . .. ......»..»...HEREBY APPEAL TO Municipality State THE ZONING 'BOARD OF APPEALS FROM TI IE DECISION OF THE , BUILDING INSPECIOR ON APPLICATION FOR PERMIT NO ...... ....... I............. DATED ......Ji njjd*y..21 ,...J.9.99 .....:... WHEREBY THEBUILDINGINSPECTOR DENIED TO ANTHONY D. HUGHES Name of Applicant for permit ofI/a/a- ................. ....................... Street and Number Municipality State ( ) PERMIT TO -USE ( ) PERMIT FOR OCCUPANCY (3q Permit for Relocation of an Existing Single Family Dwelling 1. LOCATION OF THE PROPERTY ,,,1330 Salt...7(Qy Ma"rsh Lane, Peconic. F2-40 Street /(iaml'et Use District on Zoning Mop District 1000 Section 68'B1oCk03 LOt03. Anthony D. Hughes and _ » .....,,_„_ _,,,_, »...Current Owner StYsan Hulme. his wife Mop No. Lot No. Prior Ottner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not cipote ilia Ordinance.) Article XxIV Section 100-244 (s) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (Y) 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 (x) A Variance to Permit Building Setback of Less than 100 feet from 4. PREVIOUS' APPEAL A previous; appeal (hos) (hos not) been mode with respect to this decision of the Building Inspector or with respect to this property. n/a Such appeal was ( ) request for o special permit ( ) request for o vorionce and was made Tn Appeal No.................................Dated .......................... »r ........................... I............ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection, 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Appiicants'existing residence is within less than 100 feet from the LI Sound bluff and 'partially seaward of the Coastal Erosion Hazard Line. Applicants seek permission is=move the house landward to a point 20± feet landlward of the Coastal Erosion Hazard Line, in the process maintaining the preexisting nonconforming side yards of 12 feet and 7.6 feet or -a total of 19.6 feet where §100-244(B) requires individual side ronn zns .(Continue on other side) TOWN OF SOUiF➢OLb 04OPERTY RECO® CARD OWNER STREET VILLAGE DISTRICT SUB. LOT / FORME N / / E ACREAGE S W TYPE OF BUILDING ` - RES, SEAS. VL FARM COMM. IND. I CB. I MISC: LAND IMP. TOTAL DATE REMARKS 70 OD �S`OG� 2 bc� v 'yl' F7 e P r •f`- /Va d/SP�.1 �5 O U �"'o:v 3..'�fd d — �/J/ v � __/Y x�S4�J Ja P- s—.2 (T /9'/R 4/¢��Y-W�'�` iL'1�,_5-��4�Li^FY. Sus 9•✓�H�dI.P �? 1"0 e.) — 3 m e) v /� zs / / e �u�%',f �� /(c%catG .a hewTQu civio� _/� �a�o�d /F UD z O ' -noa ss , Zate.ei,Ac;-d, vAGE J2 oa B D ,t ✓ �I aoi �!C� cC e S h2 _ EW NORM L, I BELOW ABOVECOh��)40A S%P F m Acre V per Ac Tillable 1 av Tillable 2 Tillable; 3 Woodland — -- Swarppland :a Brushlattd , House at Total " �`" 1 CONG (6.9) IS 4.4 ND ` K O NSOU '90� C \ O O M 63 08 3 o 0 we I I (\ �4 O , 41 >-1998REVISED o `4 M O2 - 1DEC11 -LOSE \ AND SHED. NOTE'. (6.1) ELEV. N.G.V.D. DATUM IHt OFFSETS (®R IMENSIONS) ,MOWN HEREON FROM THE TRUCTURES TO THE PROPERTY INES ARE FOR A SPECLFIC PUR- 'OSE AND USE AND THEREFORE %RE NOT INTENDZD TO GUIDE TH2 :RECTioN OF F-CNCES, RETAINING NALLS, POOLS. PATIOS, PLANTING AREAS, ADDITION TO BUILDINGS IkANY OTFCZ CON'7TGUCTION. JNAUTHORIZED ALTERATION OR 1DVITTON TO THIS SUWEY IS A 1IOLATION OF SZCTION iia:," OF H' MAV Y= STATE EDUCATION illy. GUARANTEED ONLY TO HAROLD F. TRANCHON JR. 6UAKANTEES INUICAItI) SHALL RUN ONLY TJ THE PERSON POR WHOM THE MMY IS PRE- PARED, AND ON His BEHALF TO THE TITLE COMPANY, GOVERNM24 TAL AGENCY AR's LENDING IN3TI- TUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. GUARANTEES ARE NOT TRANWE2APA TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. OOPS OF THIS SUQWY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL !HALL NOT BE CONSIDERED TO OF �rO� pF NVIi �P 5�.1RAry0 '"r�''� ® �0 5992 21115-E 98-576 99-89 coastal erosion hazard line as scaled from - - coastal erosion hazard map, town of southold, sheet 7 N Z W x i N } J W 2 N ir 0 3 0 Z JOB NO.98- 392 FILE NO. 695 F SURVEYED FOR ANTHONY D. HUGHES ANNABEL SUSAN HULME SITUATED AT PECONIC TOWN OF SOUTHOLD -SUFFOLK COUNTY N.Y. SCALE 1" = 30' DATE 7-29- 1998 FILED MAP NO. DATE TAX MAP NO. 1000-68-3-3 (REF. ONLY) DISK 187 HAROLD F. TRANCHON JR. P.C. LAND SURVEYOR 1866 WADING RIVER -MANOR RD. WADING RIVER, ° NEW YORK, 11792 516-929-4695- COUNTY OF SUFFOLK ROBERTJ. GAFFNEY SUFFOLK COUNTY EXECUTIVE PHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING �1 _LQI�NING May 20, 1999 /'MAY 41999 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. Applicants) Municipal File Number(s) Mortimer, Patrick 4636 Boyle, John 4655 Raynor, Frank SE4665 Henry L. Ferguson Museum, Inc. 4671 A-Iughes (Anthony) & Hulme (Susan) 4675 Basilice, Vincent & Linda 4678 Rogers, Jon & Jacqueline 4679 Terry, Raymond & Barbara 4680 Hughes, Michael* SE4681 Campbell, Virginia 4683 Tully, Shawn* 4684 *With the understanding that premises will be developed consistent with appropriate mitigation measures, particularly as set forth by the Zoning Board of Appeals. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GN:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6100 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044 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 Ccumission: X Variance from the Zoning Code, Article XXIV Section 100-2446 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4675 Applicant: Anthony Hughes & Susan Hulme Location of Affected Land: 1330 Salt "Marsh Lane, Peonic, N.Y. 11958 County Tax Map Item No.: 1000- 68-3-3 Within 500 feet of: Town or Village Boundary Line _x Body of Water (Bay, Sound or Estuary) Long Island Sound 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 Relocate ex. dwelling, .ombined side yard setback. Copies of Town file and related ocuments enc osed for your review. Dated :&U� //� , 1999 APPEALS BOARD MEMBER" Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Anthony B. Tohill, P.C. P.O. Box 1330 Riverhead, NY 11901 BOARD OF APPEALS TOWN OF SOUTHOLD May 7, 1999 Re: Variance Application for Anthony Hughes Dear Mr. Tohill: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's determination rendered at our May 5, 1999 meeting. Please be sure to follow-up with the Building Department regarding the next step for issuance of a building permit and any other agency approvals that may be necessary before commencing construction activities. A copy of this determination has been furnished to the Building Department for placement in the building permit application and update. Very truly yours, GERARD P. GOEHRINGER� CHAIRMAN Enclosure Copy of Decision to: Building Department Original filed 5/7 N o�L`( k S uvD C CA- µ U G M&S l3 3o s 1=�L7 OkACLS K L R-Q6i /MULMC- PE C9NlC_ KUU S c i '• TITLE NO: FNT9920461 DISTRICT: 1000 SECTION: 068.00 BLOCK: 03.00 LOT: 003.000 Town of Southold Southold, New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby certifies that it has searched the records of the Suffolk County Clerk and/or the Suffolk County Registrar for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth. FIDELITY NATIONAL TITLE INSURANCE COMPANY certifies that the above - captioned property has been in single and separate ownership Anthony D. Hughes and A. Susan Hulme, as joint tenants with right of survivorship and his/her predecessors in title since prior to 1976 except as follows: (see attached chains of title). The liability of the Company is limited to the amount of the fee paid. Dated: 3/9/99 FIDELITY NATIONAL TITLE INSURANCE COMPANY MARIE PAGE Swo to be/fore me this 9tX day of,/March, 1999 Notarv/ Public GEORGE A SIMACK Notary Public, State of New York No 5032470 Qualified in Suffolk County Commission Expires August 29,i-b�� TITLE NO. FNT9920461 STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) MARIE PAGE, being duly sworn deposes and says: That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application for a variance affecting the following premises: SCTM 1000-068.00-03.00-003.000 That the said records indicate the following chains of title as to premises and adjoining lots since prior to 1976. SUBJECT PREMISES: 1000-068.00-03.00-003.000 John F. Ranahan Dated: 7/26/57 to Recd: 8/1/57 Grant I. Hipwell and Liber 4338 cp 493 Anna E. Hipwell, his wife Grant I. Hipwell and Anna E. Hipwell, his wife to Anthony D. Hughes and A. Susan Hulme, as joint tenants with right of survivorship LAST DEED OF RECORD Swor o before me this 9t day of March, 1999 Notar-f Public Dated: 1/4/79 Recd: 1/10/79 Liber 8564 cp 529 FIDELITY NATIONAL TITLE INSURANCE COMPANY BY: MARIE PAGE GEORGE A SIMACK Notary Public, State of New York No 5032470 Qualified in Suffolk Countya. Commission Expires August 29, Charles Smithen to Matthew Barney LAST DEED OF RECORD Dated: 1/29/99 Recd: 2/8/99 Liber 11944 cp 291 PREMISES SOUTHWEST: 1000-068.00-03.00-002.000 Hamilton Cochran Dated: 10/16/71 to Recd: 10/21/71 Martin Greene and Liber 7031 cp 460 Barbara Greene, his wife Martin Greene and Dated: 9/20/76 Barbara Greene, his wife Recd: 9/27/76 to Liber 8111 cp 528 Dorinda J. Oliver LAST DEED OF RECORD PREMISES SOUTHEAST: 1000-068.00-03.00-007.000 Nelson Axien Dated: 1/11/71 to Recd: 5/17/71 Elaine Axien Liber 6932 cp 206 LAST DEED OF RECORD PREMISES NORTHWEST: LONG ISLAND SOUND FIDELITY NATIONAL TITLE INSURANCE COMPANY S.BY: e MARIE PAGE Swo n before me this 9t(__!!;of March, 1999 Not ar Public GEORGE A SIMACK Notary Public, State of New York No 5032470 Qualified in Suffolk County') r`nmmiScinn Euoires August 29, PREMISES NORTHEAST: 1000-068.00-03.00-004.000 Kenneth Rock and Joan K. Rock, his wife Dated: 6/1/71 to Recd: 5/3/73 Kenneth Rock Liber 7391 cp 25 Kenneth Rock Dated: 6/18/80 to Recd: 7/1/80 Charles Smithen Liber 8845 cp 531 Charles Smithen to Matthew Barney LAST DEED OF RECORD Dated: 1/29/99 Recd: 2/8/99 Liber 11944 cp 291 PREMISES SOUTHWEST: 1000-068.00-03.00-002.000 Hamilton Cochran Dated: 10/16/71 to Recd: 10/21/71 Martin Greene and Liber 7031 cp 460 Barbara Greene, his wife Martin Greene and Dated: 9/20/76 Barbara Greene, his wife Recd: 9/27/76 to Liber 8111 cp 528 Dorinda J. Oliver LAST DEED OF RECORD PREMISES SOUTHEAST: 1000-068.00-03.00-007.000 Nelson Axien Dated: 1/11/71 to Recd: 5/17/71 Elaine Axien Liber 6932 cp 206 LAST DEED OF RECORD PREMISES NORTHWEST: LONG ISLAND SOUND FIDELITY NATIONAL TITLE INSURANCE COMPANY S.BY: e MARIE PAGE Swo n before me this 9t(__!!;of March, 1999 Not ar Public GEORGE A SIMACK Notary Public, State of New York No 5032470 Qualified in Suffolk County') r`nmmiScinn Euoires August 29, 216 6' FEW YORK SUPPLEMENT, 2d SE ---1S • l� I N.E2d 82; see, Amirr v. Cal °�no Constr.r 248 p.D.2d 527 Co., 244 A.D.2d 302, 663 N.Y.S2d 893). Ac- cordingly, that branch of the motion of Har- In the Matter of John C. BAKER, bour Point which was for summary judgment et al., Appellants, dismissing this ,cause of action should have V. f, (�' been granted. The plaintiff's Labor Law § 200 and com- mon-law negligence causes of action also are without merit. Once Harbour Point estab- lished its entitlement to judgment as a mat- ter of law, the plaintiff was required to "pro- duce evidentiary proof in admissible form sufficient to require a trial of material ques- tions of fact on which he rests his claim" (Zuckerman v. City of New York, 49 N.Y2d 557, 562, 427 N.Y.S2d 595, 404 N.E2d 718). Here, the plaintiff did not even attempt to raise any material issue of fact with respect to negligence. Accordingly, those branches of the cross motion of Harbour Point which were for summary judgment dismissing those branches of the complaint which were to recover damages pursuant to Labor Law § 200 and common-law negligence should have been granted. The plaintiff has failed to set forth a valid claim under Labor Law § 241(6). The plain- tiff has not alleged in the complaint or the bill of particulars a violation of any concrete specification of the Industrial Code (see, 12 NYCRR part 23), and therefore has not made the requisite showing to maintain a claim under Labor Law § 241(6) (see, Ross v. Curtis—Palmer Hydro—Elec. Co., 81 N.Y2d 494, 500, 601 N.Y.S2d 49, 618 N.E2d 82, supra). The parties' remaining contentions are ac- ademic in light of our determination. a li w i, p SKEYNUMBERSYSTEM „ T I; f i Heather BROWNLIE, etc., et al., Respondents. Supreme Court, Appellate Division, Second Department. March 16, 1998. Property owners brought Article 78 pro- ceeding to annul determination of Zoning Board of Appeals denying application for area variance and building permit. The Su- preme Court, Suffolk County, Tanenbaum, J., denied petition and dismissed proceeding. Owners appealed. The Supreme Court, Ap- pellate Division, held that denial of applica- tion for -area variance allowing construction of west -facing patio that would overlook har- bor was arbitrary and capricious and would therefore be annulled. Judgment accordingly. 1. Zoning and Planning 0:-504 Denial by zoning board of appeals of area variance sought by homeowners to per- mit construction of west -facing patio whose southern edge would begin 12.4 feet from road, and thus would not conform to 40—foot setback requirement, was arbitrary and ca- pricious; although variance would be sub stantial, proposed structure would have no genuinely detrimental effect on neighboring parcels, patio could not be located elsewhere because its purpose was to face harbor to the west of house, and patio would extend no further than southerly edge of house as it already existed. McKinney's CPLR 7801 et seq.; McKinney's Town Law § 267—b, subd. 3(b). 2. Zoning and Planning 6-607 Scope of judicial review of determination of a zoning board of appeals to deny applica- tion for area variance is limited to whether action taken is illegal, arbitrary, or an abuse of discretion. McKinney's CPLR 7801 et seq. & Ze Of Zo tote Crary a, Zc ER, ion for:., The Sup` -nbauny t ,eeding," irt, Ap. Ipplica. ruction ok har. would BAKER v. BROWNLIE 217 Cite as 670 N.Y.S.2d 216 (A.D. 2 Dept. 1998) Zoning and Planninb _ 618 tioners the reque.,,,--a area variance and Trial court, in reviewing determination building permit, subject to any reasonable zoning board of appeals, may not substi- conditions deemed necessary. lute its judgment for that of board unless ward's determination is arbitrary or con - to law. McKinney's CPLR 7801 et seq. Zoning and Planning «605, 703 If determination of board of zoning ap- peals is supported by substantial evidence and has rational basis, it will not be dis- turbed on judicial review. McKinney's CPLR 7801 et seq. S. 'Zoning and Planning 0-504 Homeowners who applied for area vari- ance to permit construction of west -facing patio whose southern edge would not meet 40 -foot setback requirement could not be deemed to have created their own hardship by enclosing a formerly open porch facing south, since purpose of patio was to overlook harbor on west side of property. McKin- ney's Town Law § 267-b, subd. 3(b). Smith, Finkelstein, Lundberg, Isler & Yakaboski, Riverhead (Gair G. Betts, of counsel), for appellants. Pachman, Pachman & Brown, P.C., Com- mack (Howard E. Pachman and Matt Pach- man, of counsel), for respondents. Before MILLER, J.P., and O'BRIEN, COPERTINO and McGINITY, JJ. -MEMORANDUM BY THE COURT. In a proceeding pursuant to CPLR article 78 to annul a determination of the Zoning Board of Appeals of the Incorporated Village of Dering Harbor dated March 16, 1996, ,t hich, after a hearing, denied the petitioners' Application for a building permit and/or an Irl -'a Variance, the petitioners appeal; from a j"191'ent of the Supreme Court, 1Suffolk County (Tanenbaum, J.), dated December 26, 1996, which denied the petition and dismissed the proceeding. ORDERED that the judgment is reversed, the law, without costs or disbursements, 'he Petition is granted, the determination dated March 16, 1996, is annulled, and the ^esPondents are directed to issue to the peti- The petitioners are the owners of a single family home situated on a waterfront parcel of land in the Village of Dering Harbor on Shelter Island. The petitioners' home is bor- dered on the south by Dering Lane, and on the west by Shore Road. Beyond Shore Road is Dering Harbor. The petitioners sought a building permit, or an area variance if deemed necessary, to construct a concrete patio along the western portion of their home. This patio was to be equipped with removable metal posts which would support a canvas awning. The southern edge of the patio was to be aligned with the southern side of the house, flush with an enclosed sunroom that had formerly been an open porch overlooking Dering Lane. After protracted proceedings and prior liti- gation (see, Matter of Baker v. Edwards, 221 A.D.2d 436, 634 N.Y.S.2d 383), the Zoning Board of Appeals of the Incorporated Village of Dering Harbor (hereinafter the Board) denied the petitioners' application finding that the patio was a "building", as defined by the village zoning code (see, Village of Der- ing Harbor Code § 1-106[2][d] ), and that an area variance would thus be necessary be- cause the patio would be set back only 12.4 feet from the southern property line on Der- ing Lane. The Board determined that the patio was subject to a 40 -foot front -yard - setback requirement and determined that the petitioners were entitled to only a 4 -foot variance as measured from the deed line on Dering Lane. The petitioners challenge this determination which effectively restricts their ability to construct the subject patio. The Supreme Court upheld this determina- tion as having a rational basis. We now reverse and grant the petition. [1] It is now beyond cavil that the perti- nent criteria for determining an application for an area variance are those set forth by Town Law § 267-b(3)(b) (see, Matter of Sas- so v. Osgood, 86 N.Y.2d 374, 633 N.Y.S.2d 259, 657 N.E.2d 254). Pursuant to that stat- ute, a zoning board of appeals must consider whether the granting of the variance would 'ff. 1, 215 i AM NEW YORK SUPPLEMENT, 2d q. --IES result in an undesiranie change in the char- acter of the neighborhood or a detriment to neighboring properties; whether the benefit desired can be achieved without the need for a variance; whether the requested variance is substantial; whether it will have an ad- verse impact upon the physical or environ- mental conditions in the neighborhood; and whether the alleged difficulty is self-created. [24] In reviewing a determination of a zoning board of appeals to deny an applica- tion for an area variance, the scope of judicial review is limited to whether the action taken is illegal, arbitrary, or an abuse of discretion (see, Matter of Tarantino v. Zoning Bd.of Appeals of Town of Brookhaven, 228 A.D.2d 511, 644 N.Y.S.2d 296; Matter of Smith v. Board of Appeals, 202 A.D.2d 674, 609 N.Y.S.2d 912). The court may not substitute its judgment for that of the Board unless its determination is arbitrary or contrary to law (see, Matter of Brueia v. Planning Bd. of Town of Huntington, 157 A.D.2d 657, 549 N.Y.S.2d 757). If the Board's determination is supported by substantial evidence and has a rational basis, it will not be disturbed (see, Matter of Fuhst v. Foley, 45 N.Y.2d 441, 410 N.Y.S.2d 56, 382 N.E.2d 756; Matter of Tar- antino v. Zoning Bd. of Appeals of Town of Brookhaven, supra; Matter of Watral v. Scheyer, 223 A.D.2d 711, 637 N.Y.S.2d 431; Matter of Romano v. Jenks, 220 A.D.2d 432, 631 N.Y.S.2d 875). In this case, we find that the denial of the petitioners' application for an area variance is arbitrary, capricious, and not supported by substantial evidence and thus we annul the determination (see, Matter of Hampshire Mgt. Co. v. Nadel, 241 A.D.2d 496, 660 N.Y.S.2d 64; Matter of Frank v. Scheyer, 227 A.D.2d 558, 642 N.Y.S.2d 956). In denying the petitioners' application, the Board made negative findings on each of the five statutory factors. Its determinations, however, are not rationally based upon evi- dence in the record. For example, the Board found that because houses in the area are close together, the granting of the variance would result in an undesirable change in the neighborhood. Contrary to the Board's de- termination, there is no evidence in the rec- ord to support such a finding. Moreover, even assuming that a concrete patio with removable supports and a cloth awning con_ stitutes a building, the proposed patio "ill face the water and will have no genuineh detrimental impact upon neighboring parcels, several others of which have received vari- ances for other recreational improvements. Furthermore, since the petitioners' desired benefits to have a patio facing the water, the Board's finding that it could be located elsewhere on the petitioners' property ie clearly erroneous. The variance requested would permit the southern side of the patio to begin 12.4 feet from the Dering Lane property line. The Board determined, in effect, that both the Dering Lane and Shore Road sides of the petitioners' corner lot were front yards, and thus it determined that a front yard setback of 40 feet was necessary. Assuming that such a setback requirement applies, the peti- tioners have sought a substantial variance. However, it appears that the proposed patio will be flush with the current southerly edge of the house as it already exists, i.e., the patio will extend no closer to Dering Lane than the enclosed sunroom which is itself 12.4 feet from the property line. The pro- posed patio, which presumably will be co�•- ered with an awning only in warm weather, will not have any appreciable impact on phys- ical or environmental conditions in the area, notwithstanding that a substantial variance may be technically necessary. [5] Finally, the mere fact that the peti- tioners enclosed a formerly open porch facing south on Dering Lane does not render their plight a self-created hardship. This final factor, which is not determinative in any event, is inapplicable herein. The petitioners desire a patio overlooking the harbor on the west side of their property. The enclosure of the former south -facing porch overlooking Dering Lane is of no moment. In short, since the Board's determination is not supported by substantial evidence, but appears to be wholly arbitrary and capl1- cious, we vacate the determination and direct the Board to issue the requested variance and building permit, subject to any reason- ` PEOPLE v. BROWN Cl 570 N.Y.S.2d 219 (A.D.3 Dept. 1998) tions it may impose, in a proper ises. McKinney's Penal � condi 2• seise of its discretion. `le have reviewed the petitioners' remain - i. contentions and find them to be without merit. GNUMBER SYSTEM 248 A.D.2d 742 The PEOPLE of the State of New York, Respondent, V. Tony L. BROWN, Appellant. Supreme Court, Appellate Division, Third Department. March 5, 1998. 219 § 140.30, subd. 2. Criminal Law x641.13(2.1) Defense counsel's failure to request bill of particulars with respect to defendant charged with burglary and unlawful impris- onment did not constitute ineffective assis- tance of counsel, despite contention that had he done so defendant would have been ap- prised of state's theory that defendant en- tered victim's premises with intent to commit assault; state was not required to limit jury's consideration to any specific underlying crim- inal intent and had no obligation to furnish particulars in that regard, and defendant was not prejudiced by counsel's inaction in light of overwhelming evidence of his guilt. U.S.C.A. Const.Amend. 6. Defendant was convicted, following trial In the County Court of Albany County, Breslin, J., of burglary in first degree and unlawful imprisonment in second degree. Defendant appealed. The Supreme Court, Appellate Division, Mercure, J.P., held that: tll medical records concerning nature of vic- tim's injuries were admissible without redac- tion to eliminate use of word "assault"; (2) defense counsel's failure to request bill of particulars did not constitute ineffective as- dstance of counsel; and (3) any error in admission of victim's unredacted medical records was harmless in light of overwhelm- ing evidence of defendant's guilt. Affirmed. 3. Criminal Law x1168(2) Any error, in prosecution for burglary and unlawful imprisonment, in trial court's admission of victim's medical records without redaction to eliminate use of word "assault", was harmless in light of overwhelming evi- dence of defendant's guilt. r I. Criminal Law c-663 Medical records concerning nature of %ictim's injuries were admissible. at trial on c!wps of burglary and unlawful imprison- ment without redaction to eliminate use of *0V1 "assault"; records were directly proba- tiVe of physical injury element of first-degree bllrglary and were neither offered nor re- ed as evidence of defendant's intent to f"nmit crime of assault within victim's prem - Stevens, Hinds & White P.C. (Lennox S. Hinds, of counsel), New York City, for appel- lant. Sol Greenberg, District Attorney (Christo- pher D. Horn, of counsel), Albany, for re- spondent. Before MERCURE, J.P., and YESAWICH, PETERS, SPAIN and CARPINELLO, JJ. MERCURE, Justice Presiding. Appeal from a judgment of the County Court of Albany County (Breslin, J.), ren- dered December 7, 1994, upon a verdict con- victing defendant of the crimes of burglary in the first degree and unlawful imprisonment in the second degree. Defendant's convictions arise out of a May 3, 1994 incident in which defendant went to the victim's apartment in the City of Albany, entered by breaking down the door, re- peatedly struck the victim in the face and threatened to kill her, and then dragged her I& F, a. IP ' litr1 M � n 1� �• t� j .t ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET ANTHONY B.TOHILL P.O. BOX 1330 TELEPHONE: 7�'� 11 MICHAEL T. CLIFFORD IVEHHEAD, NEw YORK 11901-0903 (516) 727-8383 OF COUNSEL February 24, 1999 Ms. Linda Kowalski Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 Dear Linda: Enclosed per your telephone conversation with my secretary today please find an additional check in the sum of $200.00 to supplement the previous check in the same amount with respect the application fee regarding the Anthony D. Hughes and Susan Hulme ZBA application. Also enclosed please find two self-addressed, stamped envelopes for your future use with respect the decision in connection with the Hughes/Hulme matter, and also with respect your use in forwarding to me the decision when rendered on the Mary Elizabeth Murphy ZBA application which we discussed earlier today. Very truly yours, br5-[v Anthony B. Tohill ABT/bb Enclosures ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN C TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 25 1999 Town Hall, 53095 Main Road P.O. BOX 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FEB 2 I 1999 '111 RE: Zoning Appeal No. 4675 - Anthony Hughes & Susan Hulme Transmitted herewith is Zoning Board Of Appeals Application 4675 - Anthony Hughes & Susan Hulme. Also included are Notice Of Disapproval, Applicant Transactional Disclosure Form, Z. B.A. Questionnaire, copy of Health Department Permit, Letter Of Non Jurisdiction dated August 13, 1998, Certificate Of Occupancy and copy of Coastal Erosion Management Permit. ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET ANTHONY B.TOHILL P. O. BOX 1330 TELEPHONE: MICHAEL T. CLIFFORD RivERHEAD, NEW YORH 11901-0903 (516) 727-8383 OF COUNSEL February 20, 1999 Ms. Linda Kowalski FEB 1995 Zoning Board of Appeals Z;ob Town Hall DD YL) �; Main Road Southold, NY 11971 Re: Application of Hughes and Hulme Dear Linda: Here are seven (7) copies of each of the following: A. Notice of Disapproval dated within 60 days; B. Application; C. Transactual Disclosure Form; D. ZBA Questionnaire; E. Copy of Suffolk County Health Department approvals; F. DEC Letter of No Jurisdiction; G. Certificate of Occupancy; H. Coastal Erosion Hazard Area Permit; I. Tranchon Survey of House as Relocated; J. Check to Town of Southold ZBA for $200.00; K. Preaddressed and preposted postcard re: date of hearing. Thank you as always for your attention to the processing of this application. Very truly yours, Anthony B. Tohill ABT/bb Enclosures APPLICANT TRANSACTIONAL DISCLOSURE Fumn YOUR NME: ANTHONY D. HUGHES (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, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares.. YES NO X— If you answered "YES,".complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP 10th Feb. Submitted this day of 1999 Signatur Print name ANTHONY D. HUGHES QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) ANTHONY -D-. HUGHES SUSAN HUT ME B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { ) Yes {x ) No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { ) Yes { x) No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? n/a, 3. Is the property bulkheaded between the wetlands area and the upland building area? Nu bulkhead 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for acs 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? No (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 submitliag? None 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 parcel Residence of applicants --------s 11AmP_ at this and 3/87, 10/901k New York State Department of Environmental Conservation Division of Environmental Permits Rm 121, Building 40 -SUNY Stony Brook, New York 11790-2356 Telephone (516) 444-0365 Facsimile (516) 444-0360 L [Ga • ► Anthony D. Hughes and Susan Hulme C/0 Philip Morris Companies, Inc. 120 Park Avenue 19th Floor New York, NY 10017 Date: August 13, 1998 AM John P. Cahill Commissioner Re:1-4738-02007/00001 Hughes and Hulme Property 1330 Salt Marsh Lane Peconic, NY 11958 SCTM # 1000-68-3-3 Dear Mr. Hughes and Ms. Hulme: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The property landward of the topographic crest of the bluff as shown on the survey prepared by Harold F. Tranchon Jr. P.C. dated July 29, 1998 is beyond the jurisdiction of Article 25 (Tidal Wetlands). Therefore, in accordance with the current Tidal Wetland Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act. Please be advised that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. The house is presently within 10 feet of the tidal wetland jurisdictional boundary at its closest proximity. Since maintaining an adequate work area (15, to 201) is not feasible, temporary silt fencing or row of staked hay bales shall be placed at the landward edge of the tidal wetland boundary at commencement of activities and remain in place until the project is completed. There shall be no discharge of runoff or other effluent on, in or down the bluff face or onto the beach. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Ve t y yours, Ro r vans De ty Permit cc:Diane Herold, Architect BMHP File Administrator FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-25783 Date: 06/19/98 THIS CERTIFIES that the building ADDITION Location of Property: 1330 SALT MARSH LANE PECONIC (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 68 Block 3 Lot 3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 25, 1994 pursuant to which Building Permit No. 22054-Z dated MAY 11, 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is SCREENED PORCH ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ANTHONY D. HUGHES (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED Rev. 1/81 N/A Albert J. Krupski, President James King, Vice -President Henry Smith Artie Foster Ken Poliwoda ,1;4SpFFO(�-coG C= s� CA Z BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 COASTAL EROSION MANAGEMENT PERMIT Permit Number: 68-3-3 Name of Applicant/Agent: Diane Herold, Atchitect Name of Permittee: Anthony D. Hughes & Susan Hulme Address of Permittee: c/o Philip Morris Companies, 120 Park Ave 19th floor NY NY 10017 Property Location: 1330SaltMarsh Lane, ROW off Lakeview Ave Peconic NY 11958 Description of Activity: to remove existing house and porches approx. 40' back from Coastal Erosion Hazard Area and replace sanitary system. Date of Permit Issuance: August 26, 1998 This permit is valid for a period of two years from the dates of issuance. SPECIAL CONDITIONS: ------Bluff restoration through a re -vegetation agreement is a necessary special condition of this permit. A relocation agreement is attached hereto and is a necessary special condition to this permit. A maintenance agreement as attached with application and is a necessary special condition of this permit. Albert J. Krupski, Jr. President, Board of Trustees ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET ANTHONY B.TOHILL P.O. BOX 1330 _ T rr M ICHAEL T. CLIFFORD RIVERHEAD, NEw YORK 11901-0903 � !IF - -�_ � OF COUNSEL 11 j i I , I APR il ani -' UL I April 12, 1999 Ms. Linda Kowalski Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Re: Application of Anthony Hughes and Susan Hulme Dear Linda: Enclosed herewith please find original affidavit of mailing with list of surrounding owners and receipts for certified mailings attached,together with a copy of the notice and reduced map which were forwarded to the surrounding owners. Very truly yours, A-(�—, Anthony B. Tohill ABT/ar Enclosures c:\wp51\1etters\kowa1ski.hug S _- ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK In the Matter of the Application of ) AFFIDAVIT qtJ--('I40A)'4 G l-l�s S,>.� AA� rl OF (Name of Applicant) r POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- - - - x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 4-A1 oov y residing at PE New York, being duly sworn, depose and say that: On the 9�� day of 19 9I , 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 rior to the date of the subject hearing date, which hear-iin ateass own to be (Signature) Sworn to before me this 16'11 day of A�� , 19a . LILIAN M. TOMPM3 NOTARY PUBLIC, State O! NNUS No.olTO4709336 aiMM in New Yolk�� (Notary Public) Commission Expires April 30 *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of . Anthony Hughes and Susan Hulme (Names of Applicants) Parcel ID #1000- 6 8 - 3 - 3 - --x COUNTY OF SUFFOLK) STATE OF NEW YORK) @ E Pj APR g Q lggQ I� AFFIDAVIT OF MAILINGS I, Carmelita Matta residing at Holtsville , New York, being duly sworn, depose and say that: On the 9th day of April ,19 9 9 , I personally mailed at the United States Post Office in Riverhead , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on 'the current assessment roll verified from the official records on file with the ( ) Assessors, or (g) County Real Property Office Riverhead, New York 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) Carmelita Matta Sworn to before me this 9th day of April '1999. B EP MW W19W (Notary Public) b 9-1&-2 cm � PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. Re: List of Surrounding Owners Application of Anthony Hughes and Susan Hulme (SCTM 1000-68-3-3) SCTM 1000-68-3-2 (West) Dorinda J. Oliver 20 Waterside Plaza New York, NY 10010-2612 SCTM 1000-68-3-4 (East) Matthew Barney 24 Horatio Street New York, NY 10014 SCTM 1000-68-3-7 (South) Elaine Axien 2555 Young's Avenue Building 14D Southold, NY 11971 �wp51\1etters\hughes\app Z 587 122 563 US Postal Service Receipt for Certified MO No Insurance Coverage Provided. Do not use for International Mail See revers Sent to Dorinda J. Oliver Street & Number 20 Waterside Plaza Post Office State, ZIP Code New YorC, NY 10010 - Postage b 122 Certified Fee I D Special Delivery Fee 1 Restricted Delivery Fee LO Return Receipt Showing to Whom & Date Delivered a� Q Retum Recei t Shoving to Whom, D A dr ddress TO oft gel `4 $ C7 R - 0 Postage $ , 33 Certified Fee 1,40 Special Delivery Fee Certified Fee l Q Special Delivery Fee LO rn Return Receipt Showing to Restricted Delivery Fee r Whom & Date Delivered N rn Return Receipt Showing to Return Receipt Showing to Whom, r Whom & Date Delivered Date, & Addressee's Address Return Receipt Shoving to Whom, QTOTAL Q (� s () Date, & Addressee's Address .�o_ tmatf- or Date TOTAL Postage & Fees $ c ,, q 0 M Postrirark o�A�le C I � LL U) CL 0 Postage $ , 33 Certified Fee 1,40 Special Delivery Fee Restricted Delivery Fee LO rn Return Receipt Showing to C r Whom & Date Delivered Q, Return Receipt Showing to Whom, Q Date, & Addressee's Address QTOTAL Postagd & Fees (� s () CV) .�o_ tmatf- or Date E { ��' 0 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 22, 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, APRIL 22, 1999 at the time noted below (or as soon thereafter as possible): 7:55 p.m. Appl. No. 4675 —ANTHONY HUGHES and SUSAN HULME. A Variance is requested based upon the January 21, 1999 Notice of Disapproval which states that under Article XXIV, Section 100-2446, the required side yard for lots with .58 acre is to be 15 ft. minimum and a total combined side yard of 35 feet. Location of Property: 1330 Salt Marsh Lane, Peconic, NY; County Parcel 1000-68-03-03. 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 (516) 765-1809. Dated: March 31, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 99-89 _ b"'s ,owe trom wn a ]11111111 NOTE% (6.1) ELEV. N.G.V.D. DATUM FILE NO, 695 F H UA.wNI1la JOB N0.98-392 .MOWN ME N PROM THE SIM RUN any 1T01M IMWN IRUCTURES TO THE PROPERTY POR WHOM THE SIMVEY IS re• SURVEYED FOR ANTHONY D. HUGHES INU ARE FOR AND U34 AND THERECIFICFORE M TIRE OWANYY, OOIHIS ' FWIMAILF N ANNABEL SUSAN HULME In NOT RUR' / ro WOE TIER TAL AGRCV AND UNDINE DaD- -PoGON ON TENRS. RETAINING TUITION USTED HERON, AND TO M ' Pool; PATIOS. 01ENDING ANTINO THE ASSIONEES OF THE L 'REAR. ADSITION TO BUILDINGS INSTITUTION. DUARANTEES ARE •7RANP000RMNSTNCDOH, NOT TRNAAEI! TO A-O11ETMl INSTITUTIONS OR waSIoUINT SITUATED AT PECONIC JNAUWORIUB AMMATTON OR OWNERS. 400111001 TO rHn SURYET u A -IOLATION OF SECTION "M OF OSRS OF WERE REPAY Mu NOT TOWN OF SOUTHOLD -SUFFOLK COUNTY N - Y. 14 NEN YORE SMT! WLKA M UARINO THE LAND SURVEYOWS AW. MOM REAL d WrD m1RSW SCALE I^ a 30' DATE 7-29-1996 suu Na SIT ro r F N FILED MAP NO. DATE GUARANTEED ONLY TO gS�• 1RA TAX MAP NO. 1000-68-3-3 (REF. HAROLD F• o�Oy P' HAROLD F. TRANCHON JR. P.C. S} `a LAND SURVEYOR !� NG OR 2 �� -1866 WADING RIVER -MANOR RD. WADING RIVER, NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 22, 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, APRIL 22, 1999 at the time noted below (or as soon thereafter as possible): 7:55 p.m. Appl. No. 4675 —ANTHONY HUGHES and SUSAN HULME. A Variance is requested based upon the January 21, 1999 Notice of Disapproval which states that under Article XXIV, Section 100-244B, the required side yard for lots with .58 acre is to be 15 ft. minimum and a total combined side yard of 35 feet. Location of Property: 1330 Salt Marsh Lane, Peconic, NY; County Parcel 1000-68-03-03. 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 (516) 765-1809. Dated: March 31, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski OFFICE OF ZONING BOARD OFAPPEUS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 April 1, 1999 Re: Chapter 58 — Public Notice for Thursday, April 22, 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 newspaper, the Town's official newspaper for 2/1999-2/2000. 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. 4/14/99. Post the sign facing the street, no more than 10 feet from your front properly 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 VRKJOYA�w lop 7:0' AW NOTICE OF FARING 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: )q47W01V1 flu��Es � S&SAAI DATE OF PUBLIC HEARING: Wmes, APRd .?� /999 7160YAma 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 i a 3 6 541-rJ�IaRs// ZW, �coAr1C--- FOR OFFICIAL USE BY STAFF AND MEMBERS AS UPDATES TO FILE Ref: a 9` / /9 / /91 / /9; / /9; / / / / / / 9w / Al / /98 / /98 / /98