Loading...
HomeMy WebLinkAbout4758113 6- _ %LL 4loob�,. /NSisFrlG/EST®i IJ�� Irl lJld✓'f1 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 NOVEMBER 3, 1999 Appl. No. 4758 - RONALD AND VICTORIA JOHNSON STREET ADDRESS: 510 Tallwood Lane, Mattituck 1000-113-7-19.27 DATE OF PUBLIC HEARING: October 14, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicants' property is 80,000 sq. ft. in area and fronts along a private right-of-way extending from the west side of Cox Neck Road (C.R. 84) in Mattituck. the premises is improved with a principal building (one-story frame dwelling with attached garage) set back 54.3 feet from the rear (north) property line and 100+- feet to the south property line. Located at the southerly 50 ft. of the property is an extension of the right-of-way (running in an east -west direction). BASIS OF APPLICATION: Building Inspector's September 22, 1999 Notice of Disapproval which states that Article III, Section 100-33 of the Zoning Code requires that accessory buildings and uses shall be located in a rear yard. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance to locate a 12' x 30' accessory horse barn in the easterly side yard area, 54.8' from the rear property line and 86.4' to the easterly property line. 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is a large wooded lot, and the proposed 12 ft. by 30 ft. horse barn shed would be set back approximately 100 feet from the front yard property line, 86.4 feet from the easterly side yard, and 54.8 feet from the northerly rear yard property line. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the required rear yard slopes to the north and does not provide a level area suitable for grazing or keeping of horses. 3. The requested area variance is not substantial. 4, There is no evidence that grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the accessory horse barn -shed location exceeds the required front yard setback for principal structures, and no adverse environmental effect has been identified that would impact the neighborhood. Page 2,- November 3, 1999 ZBA Appl. No. 4748 - R. and V. Johnson Parcel 1000-113--7-19.27 at Mattituck 5. The alleged difficulty has not been self-created and is due to the topography of the land. BOARD RESOLUTION: Based on the testimony and record, the following action was taken: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to grant the variance as applied for, subject to the CONDITION that the building be used only for storage or as a horse barn. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, and Collins. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent, out-of-state.) RECEIVED AND FILED BY THE SOUTHOLD TOW14 CLLErZ< (%f Ile � r. c' STATE OF NEW YORK) )SS: COUNTY OF S FOLK) S�Ci1l F i.$ of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk .of THE SUFFOLK TEVIES, a weekly newspaper, ;published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for - weeks successively, nnmmanrin6 nn the .'1c daY y1OHN P. BRISOTTI Sworn t before me thf TARYPtfFi$ STATE OF NEW YC day of , C i %e"v l✓v✓ 19 0.01BR4732613 ' QUALIFIED IN SUFFOLK COUNT4 COMMISSION EXPIRES MAY 31 2: FORM NO 3 j, L� @ ° TOWN OF SOUTHOLD + [ 0 BUILDING DEPARTMENT ( $h� Z 2 1999 SOUTHOLD, N.Y.! ; NOTICE OF DISAPPROVAL DATE September 22, 1999 TO Ronald Johnson 510 Tollwood Lane Mattituck NY 11952 Please take notice that your application dated September 21 1999, For permit to ' Construct an accessory horse barn at Location of property 510 Tollwood La. Mattituck County Tax Map No. 1000 - Section 113 Block 7 Lot 19.27 SubdivisionFiled Map # Lot # Is returned herewith and disapproved on the following grounds Proposed 12X30 accessory ho located in side yard of existing one family dwelling not permitted pursuant to Article III Sectio in the required rear Authorized Signature ' FORM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL: 765-1802 Examined ...................19.... Approved ...................19.... ',Permit .No. ................ Disapproved a/c:.........22..,,cc ............. ................................. (Wilding Inspector).' BOARD OF HEALTH .............. " 3 SETS OF PLANS .......... SURVEY ....................... CHECK ........................ SEPTIC.FORM .................. NOTIFY: CALL .................. MAIL TO: ................. of rr� i a 1�, i, P 199 APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ....... !1( kf..... 199.1 a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspectc 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 public streets or areas, and giving a detailed description of layout of property mist be drawn on the diagram which is part this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d: Upon approval of this application, the Building :,Inspector will issue a.Building Permit to the applicant. SL permit shall be kepton the premisesavailable for inspection throughout the.wurk. e.. Na building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATLON IS HEREBY .MI E.to the Building. Department for the issuance of a Building Permit pursuant to .the Building�2.one 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'. Time applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and.iiY buil 'n& for necessary inspections. (Signature of apple t, or name, ta corporarior 5L© .... . .... (Mailing address of applicant) State wbetherapplicant is owner, lessee, agent,. architect, engineer, general contractor, electrician, plumber or bui _. .......(.........................))ttn/ ���............................................... Name of owner of premises .... . ...t'C/.. t.�C.m�.. ....................... ............................ - (as on the tax ml or latest deed) If applicant is a'corporation, signature of dulyauthorized officer.. .................................................... (Name and title of corporate officer).. Builders License No . :......................... 'Pludmers License No. .................... Electricians License No . ..................... Other TradA's,License Na . .................... 1. Location of land on which proposed work will be done.......Gm1�I ....... ...... ...................... � ...�1P6 ........................... House Nuiber Street11. gcHet County Tax Map No. 1000 Section ..... Z.(..� .... Block.....��.. ....... Lot J..{.5. .7 ... Subdivision ...................................... Filed Map .No. ................Lot ............... (Name) 2. State existing use and occupancy of pruidses and: intended use and occupancy of proposed construction: a. Existing use and occupancy ................................ e"4TATRAWIMAS713 . 7l�mtyl'w^e'vllua��c.�E:Fsi.=�4'€i�t1�SW ......... A- b. Intended use and occupancy ... ..� y1aaw3T... .......... 1'3. Nature of work (checkwinidn applicable): New Building ...... ... Addition .......... Alteration .......... Repair............ Removal ............. Demolition ............ Other Work ........................ ...... Ir- . (Description) 4. Estimated Cost ... � �brCJ�-�� fee ....... ....... ........ (to be paid on filing this application) 5. If dwelling, "ber of dwelling units' ...... timber of dwelling'units on each floor If garage,: cumber of cars ............. ....................... i. if business, commercial or mixed occupancy, specify nature and extent of each typeof use... ................... 7. Dimensions of existing structures, if any. Front.'....: .....Rear Depth ................ .height . timber of Stories .. ................. Dimensions of sane structure with alterations or additions: Front ............... Rear .. Depth .................... Deigtnt ..... limber of Stories .. t 3. Dimensions of entire'new oonstructon.. Frons :. ©.�.....o.. Rear ....... Depth .<• ••-••••- �7 t i t Height E / � :.. ..... timber of Stories . �J' C.--.. .. 9. Size of lot:: Front :. 'P....Qp...... Rear ... 7 u . C h�l. 10. Date of Purchase !!: .1-/.0 Name of "Former r.... ,� ... ............. 111. Zone or use district in which premises are situated . ... " 9*2............................................. 12. Does proposed construction violate any zoning law, ordinance or regulation: ..........•�/,�,�"'� 13. Will lot be regraded :.li 42 4`F...,)Address ss fill be removed �� 14. Names of Owner of premises . ..... ...... Phrnre No ....0 .. Nine of Architect.....VccC=!Y.r.9--................... .Address ........................ Phone No. .............. Name of Contractor ...... :>.;................. Address'..................".............Phone No. .............. 15. Is this property within 300 feet of a tidal wetland? * YES .......... NO .. .:. *IF YES, SOLM D TUWN TRDSIFEB:PM-11P"MAY BE MWIRED. PLOT DIAGRAM locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions. from property lines. Give street and block number or description'` according^'to deed, and show `street names and icd tate. nu whether interior or corner lot. - S XII, OF NZ YORK, SS O"ll Or ....... ......... ....................being.duly sworndeposes and says that be is the applicant (Name of individual si ng contract) above named, Heis the................................................................................................... (Contractor, agent, corporate officer, .etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and Ile this application; that all statemznts contained in this application are true to the best of his knowledge and belief.; and that the work will be performed in the manner set forth in the application filed therewith. Fmorn Lo before me this Q ......�:%......_.ddaay�o�f/�/l 1�1.......I9.... /... Notary Pobli4.... r:'-`� ELI7ABMASTATHI&. (Signature of Appli NQTARYPUBUC SteteaFNew,V0 No. 0 f ST80081 a s uffm CO"'- TermFzpires,h—a8,� - SEP 2 1999 TOWN OF SOUTIIOtd, NEW YO;tJoW2 Qerk SoUt,0144758-• APPEAL FROM DECISION OF .BUILDING INSPECTOR APPEAL NO. g DATE ...X=,zall .. .1 TO T1 IE ZONABOARDF APP ALS, WN OF SOUTI10L0 N.Y. 1. (We) ,..f ....... ... .....��.. .. Norna of Appclio t Street and plumber P(�SZ- t+.G' ........ ... �� .....!HEREBY APPEAL TO MUnic)polity o a TI -1E ZONING BOARD OF APPEALS FROM THE DECISION OF TIdE BUILDING iNSPEC7i'0R ON APPLICATION FOR PERMIT NO ............................... DATED ...... WHEREBY THE BUILDI INSPECTOR' DENIED TO Name o Applicon up rmit of Straei and Number Ivlunfc oUty State•• e ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY p tT N r/hy i -Fo `lO r'S e 'Sh a-,, 1. LOCATION OF THE PROPERTY ... 1�... j %8013, t?7 I/oax! Sheet-% atn e / Use District' on Zoning Mop District 1000 Section Block Lot Current Owner MopNo.r lotNo. Prtor Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub. section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section l Dl, 3. TYPE OF APPEAL Appeal Is made herewith for (please ;check appropriate box) (�V4 A VARIANCE tothe I Zoning Ordinance or Zoning Mop ( ) A VARIANCE duO,to lock of access (State of New; York Town'Low, Chop. 62 Cons. Laws Aft, 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request fora special permit ( ) request for o variance and was made in Appeol'No....................... :........Doted ........................ .... ........................................ ( ) A Vorionce to Section 280A Subsection 3 1,><) A Variance to the Zoning Ordinance is requested for the rebid% that W -Q., LaJJQV'P dCi 5cun 0r0 Fonn znI (Contiritre on other side) REASONS FOR AREA VARIANCE•ONLY .(to:be completed ;bX.applicant): Do not use these standar43s far "use:vaiasice'Tor "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: n g �� l`S c� wooc��C 'f-d•r-s� b�r•2 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:,- \YISu Lc 1 0 rs 3. The amount of relief requested is. not'substantial BECAUSE ra00 i !C�2 G9�os%d 4. The variance will NOT have, an adverse effect or impact on the physical or`environmental 'conditions`in the neighborhood' or district BECAUSE 0' "�e 5. Has the alleged difficulty been self-created? ( ) Yes. (X) No. 6,. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of•the, neighborhood and the health., safety and welfare of the community. STATE OF NEW YORK) COUNTY OF: SUFFOLK) Agent must attach written consent from owner. Sworn to before me this R �L day of 19 % j . �xtlx1 f ort. zar/temp HELEN£ 4};: FtP2ME' Nototy Public, State of M4 w York Nc.4957364 QUatiftea In Suffolk Count Commission EXOW May 2z ®a/ b T W OF SOUTHOLD PROPERTY RECORD CARD OWNER STRfET VILLAGE ST. DIST. SUB. LOT Cil + � Irks IMP. ( DATE l DJ FORMER OWNER N m E J C._ CR.t�$ =i if. Or S4, r G. a t~-1-;,1 r, x (�.� 3: w > # 1 S W TYPE OF BUILDING a.( Pv ))I' f I i w y 1 hj FoSi-2r H1 n`, s f /e de r RES. U SEAS. VL- - - FARM- COMM. CB. MICS, Mkt, Value LAND IMP. TOTAL DATE REMARKS l �r� (o�C>c> /e de r $ - Z cl-1... 5cif Reroflq57,c4iD0, 111-.5104 12A 093 - Fm -6 rA w, Fo :Sopron w- daSo_r I — I Tillable wa 6' ~"'' :a FRONTAGE ON WATER Woodlan y Qz ��Ca(} G7 FRONTAGE ON ROAD G� MeaF�owland DEPTH r, .;, C Ci Nouse Plot f -t = :..' .` BULKHEAD t -i6-7 Total, _C}��' y, /�7 u .'; b a 5 / t..,. of c� Foundation Bathrry i Extknr Basement ' Floors h' Ex non f Fxt, Walls Interior Finis} J Extension Fire Place rr Heat `7— J Porch S'/ 2 a_ Pool Attic h; Deck Patio Rooms 1st Floor Breezeway Driveway Rooms 2nd Floor'r Garage _ O. B. /Jh- s:o t yr sikr✓ �.•� K'l .. NCrN� C'""dlf{ f'ska�p "SK.,- // 3 0. LINOSAY MARY AY P� Rdo, NIp/F N e ',WaY 5A. E• E• N. ?s°j65IN a. r © { ,way' w N. 893.90 21 ' ° �, ` O 5. Q5 p•00' Vol %ly v y l �C pj 3�b•22 v SURVEY OF 11 6p '�� "CLUSTER ndv�s� ©IVI �r� FOSTER" AT MA TTITUCK TOWN OF SOUTHOLD �k SUFFOLK COUNTY N. Y CERTIFIED TOO \� 1000 - 119 - 07 - 19.2E . VICTORIA a JOHNSOIV Scale. 1" = 60' RONALD D. JOHNSONFeb. 18, 1997 THE SUFFOLK COUNTY NATIONAL' BANK \ FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK Z - ANY ALTERATION OR ADDIT10N ]°O TNIS $LIR Y /5 A--.V10LAW70N OF SECTION 7208 Of T1irr loll' YORK 87E EATk�N LAW EXCEPT 0 PER SECT/0N 7209"SWM 2. ALL 7lFItA{T70NS HEREON ARE YAL/�pp FOA TnPS MAP AND COPIES THI�` -Y C SAN) MAP OR C 68 BEAR THE DRESSED SEAL Of TnAg SURI YOA WHOSE S1dW4 nW APPEARS HEREON. ADDITMiLLY 7V caWLY WITH SAID LAZY THE TEMW ALTER60 9Y' MUST BE USED BY ANY AAV ALL S YORS UTKIZWB A COPY AREA = 80,000 Sf� ft. coiE-Y nroT x� sASIXH A 10TH Ti �Aw Ana APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD November 5, 1999 Mr. and Mrs. Donald D. Johnson 510 Tollwood Lane Mattituck, NY 11952 Re: Variance Appl. No. 4758 Dear Mr. and Mrs. Johnson: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971- PS ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Board's November 3, 1999 determination in the above matter. Please be sure to contact the Building Department with reference to the next step, issuance of a building permit, before commencing construction activities. A copy of this written determination has been transmitted to the Building Department for an update regarding the original Notice of Disapproval and permanent record-keeping. Very truly yours, GERA D P. GOEHRIN ER CHAIRMAN Enclosure Copy of Decision to: Building Department Decision filed 11/5 Page 91 October , ,, 1999 Board of Appeals Hearings 9:40 P.M. - Appl. No. 4758 - RONALD & VICTORIA JOHNSON Based upon a Notice of Disapproval dated September 22, 1999, a Variance is requested under Article III, Section 100-33 for a proposed location of an accessory horse shed in a side yard at 510 Tallwood Lane (ROW off w/s Cox Neck Lane), Mattituck, New York; County Parcel No. 1000-113-07-19.27 (p/o 19.14). CHAIRMAN GOEHRINGER: Good evening Mrs. Johnson, how.are you? My question to you which is not the nature of this application, but when I see the word paddock and it relates to horses, is your fence going to exceed 4 foot 6 inches around this paddock? MRS. JOHNSON: I don't know. CHAIRMAN GOEHRINGER: OK. MRS. JOHNSON: What is the normal horse fence height? CHAIRMAN GOEHRINGER: It's usually 3 - MEMBER DINIZIO: Rails. CHAIRMAN GOEHRINGER: Rails, OK. What I'm telling you this for is, that you possibly could modify your application and just pay us for the advertising and we could readvertise this because I would hate you to have to come back in again on the same application and I just looked at this today. It's very rare that I'm in the Town Hall before the meeting because this is not my normal job. This is only a part-time job, and I looked at this today and of course I live in Mattituck also, off of Cox Neck and so I'm not far from you, ok. And I was down at the site, never thought about it until today when I looked at it and I said, son of a gone, this is a paddock for a horse because she wants to build a 12 x 30 horse barn in a side yard. I hope, because you're not denied for the fence, right? MRS. JOHNSON: A - MEMBER COLLINS: No. BOARD SECRETARY KOWALSKI: I had asked you - MRS. JOHNSON: The Building Department when my husband went in, they couldn't care less about the fence, they cared about the building and the reason is, if you've gone down, the house is like built into a slope. CHAIRMAN GOEHRINGER: Right. Page 92 - October , �, 1999 Board of Appeals Hearings MRS. JOHNSON: And, I have distance behind, but neither the horse nor us would like to go up and down the mountain. My daughter's goat might work but, not the horse. CHAIRMAN GOEHRINGER: Right. MRS. JOHNSON: My daughter went and bought the pony so I have a very short fat horse and a very tall fat pony and then said, Mom, I have a horse now and it was like oh, she thought she could board it locally. That wasn't available, you know, she tried very hard. She's seventeen, she's planning on going to college local, so my husband said, we're saving money with this one, we're not sending her away, we can afford to put a little thing up for her and that's how this all started and - CHAIRMAN GOEHRINGER: Well, I won't read anymore into this, OK? If it's alright, then we'll grant, you know, we'll consider granting the - BOARD SECRETARY KOWALSKI: I just have one question. Are you going to require a new Notice of Disapproval? CHAIRMAN GOEHRINGER: Well I don't know. If she wants to talk to her husband first and - BOARD SECRETARY KOWALSKI: Well I'm just saying, no, well, go ahead. MEMBER COLLINS: Can I interrupt? I'm not sure you got your point across to Mrs. Johnson. There's a height limit for fences in Town. MRS. JOHNSON: OK, I wasn't aware. I assumed that when I went in and said to the Building Department, my husband did, a barn, and a paddock and then when I sent letters out to everybody, I wrote, you know, a 12 x 30 new horse shed and paddock and I took and I used the magic marker and highlighted both the building and the paddock. MEMBER COLLINS: The Chairman is concerned, that if it turns out that your fence as you actually want to build it is too high, you're going to find yourself with another denial and another variance you need and he's suggesting, that if that's going to happen, you telescope the project and do it all at once. MRS. JOHNSON: OK, I thought I was doing it all at once. MEMBER COLLINS: Have I got that right? 14 Page 93 - October -,, 1999 Board of Appeals Hearings MEMBER TORTORA: Yeah, but I heard her say very clearly, that the Building Department wouldn't care less. MEMBER COLLINS: Wouldn't care less, right. MEMBER DINIZIO: Yeah, but I'm going to tell you what. MEMBER COLLINS: They'll show up and they will care. MEMBER DINIZIO: If you got a few, you know weeks to wait, I think you really ought to just at least find out the size of the fence and then make up a statement CHAIRMAN GOEHRINGER: Let us know before November 3rd for the size of the fence and if you want to modify the application, we'll readvertise it for the next regular scheduled - BOARD SECRETARY KOWALSKI: Yeah, but there's something else though. MEMBER DINIZIO: If it's a small horse then, maybe you can get away with that but if it's a large horse - BOARD SECRETARY KOWALSKI: Excuse me. I just wanted to say also, that the Building Department probably won't give you a disapproval because they don't require Building Permits anymore for fences. MEMBER COLLINS: Fences, that's what I wanted to say. MRS. JOHNSON: Well, then maybe that's how come it came this way. MEMBER TORTORA: That's right. MRS. JOHNSON: I just assum,ed because I'm 5 foot. I guess that's about 4 or 4'6". MEMBER DINIZIO: I would check for sure because if you're 4'7", 1 mean and you catch them on a bad day, you're going to be back here before us. CHAIRMAN GOEHRINGER: Let me just tell you, that a three - MRS. JOHNSON: Three rail. CHAIRMAN GOEHRINGER: Three rail fence is about 57". MRS. JOHNSON: OK. Page 94 - October , -, 1999 Board of Appeals Hearings CHAIRMAN GOEHRINGER: Now that's going to vary depend upon topography, OK, just so you're aware of that. So we really should advertise it for that regardless if they give us the Notice of Disapproval on that and we'll reschedule it. BOARD SECRETARY KOWALSKI: And the filing fee is - MRS. JOHNSON: I should go back to the Building Department? CHAIRMAN GOEHRINGER: No, don't go back. Just ask your husband how big the fence is and call us back so we'll know what we're going to do. BOARD SECRETARY KOWALSKI- And then there's another application fee that he mentioned before. It's $150 for the additional variance. CHAIRMAN GOEHRINGER: And then see, you're going to have everything legal and it's not going to be any problem. MRS. JOHNSON: Oh, I thought when I gave the $400 that was all for everything. BOARD SECRETARY KOWALSKI: That was only for the shed. CHAIRMAN GOEHRINGER: What we're trying to do is, relieve you of any future pain in this application. MRS. JOHNSON: Well I'm trying relieve myself of it. I only moved out here a couple of years ago. But, I was President of the Civic in the Town I was in and Treasurer for years and years and one of the helpers of the Assessment Board for Nassau County and so I came to meetings and listened to people and I you know, you live in a glass house, you have to watch out for rocks and I feel that you know, I didn't want to do anything illegal I just have a 17 year old that's working very hard to pay board bills for college and we're just trying to relieve her of it. CHAIRMAN GOEHRINGER: OK. Our next special meeting is in a couple of weeks so we can take care of this if the fence is fine, OK, that's 4'6" no more. BOARD SECRETARY KOWALSKI: But there's one other thing. The neighbor notices. CHAIRMAN GOEHRINGER: Yes, she would have to renotice the neighbors. MEMBER DINIZIO: No, no, she wouldn't have to. w ' Page 95 - October i 4, 1999 Board of Appeals Hearings MRS. JOHNSON: I sent, when I sent the letter out, I had it - BOARD SECRETARY KOWALSKI: Oh, if it's over 4 foot. MEMBER DINIZIO: No, only if you're going to exceed the 4-1/2 feet. MRS. JOHNSON: OK. MEMBER DINIZIO: If it's not over, you - BOARD SECRETARY KOWALSKI: Four feet, Jim. MEMBER DINIZIO: 4 feet, excuse me. CHAIRMAN GOEHRINGER: It's really four, but they measure it 4'6" because the ground is not - MEMBER DINIZIO: The top of the rail. CHAIRMAN GOEHRINGER: Yes, the top of the rail. MRS. JOHNSON: OK, I have to have something over 4? MEMBER DINIZIO: Under. MRS. JOHNSON: Under 4. 1 think it's going to have to be over 4 MEMBER DINIZIO: Well, just find out you know. CHAIRMAN GOEHRINGER: Yeah, because the horse can step right over that. MRS. JOHNSON: Well 4 foot I would stop worrying, you know, 4-1/2 1 guess I'm OK. Truthfully, I feel 4-1/2 to 5, 1 mean, I go to the paddocks like I can see over the top and I'm 61 ". CHAIRMAN GOEHRINGER: Yeah, but you're talking rails now. You've got to talk about poles. MRS. JOHNSON: Oh, you measure to the top of the pole, not to the top of the rail? CHAIRMAN GOEHRINGER: Right. MRS. JOHNSON: Oh, OK. Page 96 - October ,, 1999 Board of Appeals Hearings BOARD SECRETARY KOWALSKI: So what we're going to have is the new legal notice for you if the Board gives me a resolution to advertise it before you modify the application and also you're going to need to post a new sign on your property and resend the neighbor notices now saying, that you're applying for a fence variance on the height. MEMBER COLLINS: All of which is only if she can concludes that the fence - CHAIRMAN GOEHRINGER: That she's going to exceed 4 foot. BOARD SECRETARY KOWALSKI: Well that's the whole purpose of the conversation. CHAIRMAN GOEHRINGER: Yes. I'm just sorry I didn't pick this up before this. MRS. JOHNSON: So you're saying up to the top of the post. OK, I'll come down on Monday. CHAIRMAN GOEHRINGER: OK, we're sorry, but I think this is the most appropriate way to take care of it. This way, everything is legal, there's never any problem - MRS. JOHNSON: I'd just assume that, that's why I sent the letters out ( ) MEMBER TORTORA: Well, she's going to ask the Building Department to review it? CHAIRMAN GOEHRINGER: No. BOARD SECRETARY KOWALSKI: They don't require permits for fences anymore. MEMBER COLLINS: But, if they came around and saw the fence going in and it was too high they could very well - MEMBER DINIZIO; Well, she'd have the fence built though. MEMBER TORTORA: Wait, wait, wait. We only have appellate jurisdiction. What are we acting on? CHAIRMAN GOEHRINGER: We're acting on what we know is the law. MEMBER TORTORA: I'm sorry, no, no. w Page 97 - October 1999 Board of Appeals Hearings BOARD SECRETARY KOWALSKI: They're requiring another Notice of Disapproval from the Building Inspector. So, if you know it's over 4 feet high - MEMBER COLLINS: OK, what Lydia is saying, procedurally, the only thing we can do, is wait for the Building Department to make trouble and then deal with it. Is that what you're saying? MEMBER TORTORA: That's right. Our jurisdiction is appellate. We have no authority to act as a Code Enforcement Agency. MEMBER DINIZIO: Right. MEMBER TORTORA: Or as the Building Department and tell this lady you have to do this. Unless the Building Department says to her, that she must, she's not in compliance, that her plans are not in compliance, we have no jurisdiction whatsoever. I'm sorry. CHAIRMAN GOEHRINGER: Do me a favor Mrs. Johnson. When Mr. Forrester comes back, he may be back tomorrow, call him personally, he's a very nice man. Tell him what your plight is, come down here and just show him the survey and ask him if he would gratuitously write you a Notice of Disapproval if he feels that you need one. MEMBER TORTORA: Ask him to review your plans. BOARD SECRETARY KOWALSKI: The fence plan. Not the survey. CHAIRMAN GOEHRINGER: If you do not need it, call us and we'll make a decision on November 3rd. MRS. JOHNSON: The last time I asked him to do the denial he told me that there are so many people in front, it usually takes two months to get a denial and he sneaks me in but, he kind of let me know that don't ask another favor. So, I - BOARD SECRETARY KOWALSKI: There up to three months I'm hearing now.. CHAIRMAN GOEHRINGER: OK, so we'll just make a decision then. MEMBER DINIZIO: Right, we'll make a decision. CHAIRMAN GOEHRINGER: We'll make a decision on the horse paddock. BOARD SECRETARY KOWALSKI: The barn. CHAIRMAN GOEHRINGER: I mean on the horse shed. Page 98 - October ,, 1999 Board of Appeals Hearings BOARD SECRETARY KOWALSKI: And you'll go from there. MRS. JOHNSON: OK, even if the shed could get so I could have, so I could get back to them and get this going and catch up on the fence. CHAIRMAN GOEHRINGER: Yes, just forget about it now and then we'll worry about it if you get picked up on it later. MRS. JOHNSON: And then you're going to catch up on me then. CHAIRMAN GOEHRINGER: Just don't sell the house for a little while. MRS. JOHNSON: My husband said he's happy in the Country, we're not moving. Thank you. CHAIRMAN GOEHRINGER: I'm sorry about confusing this. BOARD SECRETARY KOWALSKI: So what is the motion on this again. CHAIRMAN GOEHRINGER: The motion is to close the hearing reserve decision until later. Motion carried. See Minutes for Resolution. End of Hearing. C tINpSAY t&MARY ILI-IAM A'INpSAY, � R W N'O/F ?6 ,16.51" E' N. 83 - ' E N• 1�t � °02 21 �.t 93.90 A, Zc� S 1 hy�'9sf• � � �ti t AREA - 80, 000 sq. ft. N10jF )o _ T o 6Way L o{•40'41' w' S. 77ko�, Zg0.0 � �9rt 6 63 , ,, yA60 505.59.2 & o. Q A3 0 `� , 4 63�0g, �1 s �g9• \ m R 9 0i 36'22 R 0 O f Z m n I SURVEY OF LOT 1 "CLUSTER MINOR SUBDIVISIONFOR ARTHUR FOSTER" FIM FM6,W7FW#1 AT MA TTI TUCK - NAoDGc K EENc G TOWN OF SOUTHOLD SUFFOLK COUNTY N. Y. CERTIF/ED To, 1000 - 113 - 07 - 19.1 . VICTORIA G. JOHNSON Scale: ��� = EOE RONALD D. JOHNSON THE SUFFOLK COUNTY NATIONAL BANK Feb. �8, 1997 FIRST AMERICAN T/TLE /NSURA 0 NCE C MPANY OF NEW YORK ANY AL TERA TION OR ADDITION TO TiitiS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW EXCEPT AS PER SECTION 7209 -SUBDIVISION 2 ALL. CE•RTFjCA`TIONS HEREON ARE VALID FOR TMS MAP AND COPIES THEREOF ONL Y IF All SAID MAP OR COPIES BEAR THE WRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ADDITIONALLY TO COAFLY WITH SAID LAW THE TERM 'ALTERED BY' MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY / OF ANOTHER SURVE'YOR'S MAP. TERMS SUCH AS INSPECTED' AND •BROUGHT--TO-DA TE- ARE NOT IN COMPLIANCE WITH THE LAW. /EBF Nfyy\ bN 7 Y.S. LIC. NO. 49618 P.C. f eR STREET N.Y. 11971 89-123 1 R 2A I r ' SL W cleN KEY MAP 130Z 0Z �'- C, mot O SCALE + I' = 600' t� X 7p r- NN W 724 Ot N SAY ,59 s4•ft' m '20'9 f p r F MARY C. N 8 , N. JR. �i j ` 250.00' z INpSAY 15' .410 o TT40 A S. '4S 'rS 7p 61 Z s o, 413.25' ,*► r m Z3 N. 8300221' , 1651 E' �•E' 93.90' N' 16 4�' _ e� egobl �� ,2 l 5o 11 ALL Ls o ' ,o AO 10-N e "°rsT�/P 0 p +° �'�2 N� / 31622 RAS PROPOSED WNW SU w• F 1,0� FOR 63, �Q' 3' ? g MPRY ARTHUR FOS TEI o v+IR� TOWN Off' SOUTHOU �'LL►p r� \A S wT SUFFOLK COUNTY, N. PTHE 'WTH >W ST.uW� * tea rs woo - US - 07 - P10 1W OFc scFF«x COEXTY p~rAfiW cr< W_4L rwc Scale 1"= 100' ME 7mm The locaHoas of wads mrd-c epode,-• o IV 2 shown hereon a s from Herd ak. 411r a and or from dala obldned-fram olhets. i 9/23/96 REVISE ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 22, 1999 RE: Zoning Appeal No. 4758 - Ronald Johnson Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4758 - Ronald Johnson. Also included are Applicant Transactional Disclosure Form, Notice Of Disapproval, Application For Building Permit, copies of Surveys, Action Of The Board Of Appeals for Application #4423, dated September 19, 1996 and copy of plans. 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: (s rate she t ma be attached.) B. Is the subject p ses listed on the rea estate market for sale or being shown to prospective buyers? } Yes {�} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes (Vi No D. 1. Are there any areas which contain wetland grasses? Sc_/?`o 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? /VVO 4. If your property contains wetlands or pond areas, nave 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? (if not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? If none exist, please state "none. 11 G. Do you have any construction taking place at this time concerning your premises? ,xg 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? /.� If yes, please explain where or submit copies of deeds. I." Please ist present use or operations conducted at this parcel and proposed use i , � .. - . ... _ :Soup .• . _ 3/87, to/9QIk '1"KAN,AI:'11UNAL LI,I:LUjuKts . <wcn The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town off cers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same._ YOUR NAME: L)- (yst 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 >4 - 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 If you answered "YES,".complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted tlAs day of( 199 7 Signature �• Print n a m e��j st/� �- � J c�- h A14 ' o^/ 50-791/214 1917 R D JOHNSON MARINE CARPENTRY, INC. 4224011686 P.O. BOX 908 PH. 516-298-2243 MATTITUCK, ///N���Y 11952 �J DATE PAY TO THE ORDER OF_ ��,/ al�EE+� - -2 _C974 OLLARS 8 �� NORTH FORK BANK MATTITUCK, NJ 11952 /�j � /� � n / MEMO 1 0- !�l�c IJ "L `�'�//� � L- M' 1: 0 2 140 7,9 i 21: o 4 2 241110 1,16 8!11.611' 19 17 September 23, 1999 Re: Robert and Victoria Johnson - 10/14/99 Hearing Date Proposed Horse Shed in side yard Dear Board Members: Mr. and Mrs. Johnson have dogs which are fenced in, however they recommend that if you want to walk the property (instead of viewing from the right-of-way) that an appoint- ment be set up because one of the dogs can very aggressive (especially if strangers are on the property). ZBA Office moo, Rf FOR BOARD AND STAFF USE OU ���� L • Updated New Information NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 14, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 14, 1999 at the time noted below (or as soon thereafter is possible): 7:45 p.m. Appl. No. 4758 - RONALD AND VICTORIA JOHNSON. Based upon a Notice of Disapproval dated September 22, 1999, a Variance is requested under Article III, Section 100-33 for a proposed location of an accessory horse shed in a side yard at 510 Tallwood Lane (ROW off w/s Cox Neck Lane), Mattituck, NY; County Parcel No. 1000-113-07-19.27 (p/o 19.14). The Board of Appeals will at same time and place hear any and all persons or representatives desiring to be heard in the above applications or to submit written statements before the hearing is concluded. 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: September 23, 1999. SOUTHOLD TOWN BOARD OF APPEALS 14o es F 5 FFj fJ s 1D05 ytta 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: 01VA1-,b f t/kTblelA Jwcw�> f+ /q S 0 DATE OF PUBLIC HEARING: T-kurs.C> CO.T.I., 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 durin4 normal business days between the hours of 8 a m and BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK -------------------------------------------- x In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- / i 3 - l90 oq7 -----__--------------- ---------------- X AFFIDAVIT OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, r )I cnc� nsoa� residing at sl(� lo�wooa( HOA" +"Glc, New York, being duly sworn, depose and say that: On the 30%.rA day of 199, 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 thp date of the subject hearing date, which hearing date was shown to be io Y/99 (SignaturW Sworn to before day of (N this , 19 —W. Public) VINCENT NANTISTA Notary Public, State of New York No. 01 NA4692891 Qualified in Suffolk county iO, Q Qmunisslon Expires Sept. 30, Lf� *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK X Yr, the Matter of the Application of O�C'40r-%,C:,— a,., ,� P-onQu -:5-6knsor) (Names of Applicants) Parcel ID #1000- // 3 - 0-7 - M, 9 ----------------------------------------- x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, V i C+b(-%C . -Yo h nSan residing at AFFIDAVIT OF MAILINGS S]O I�-IluJoo� Lc�.n� "aAAAuA- , New York, being duly sworn, depose and say that: 19 1`) , I personally mailed at the United On the o 1� day of States Post Office in New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (Assessors, or ( ) County Real Property Office � n Sc� �`f�o I ( , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (signature Sworn to be re e t Is day of '19 otary Public) J VINCENT NANTISTA Notary Public, State of New York No. 01 NA4692891 Qualified in Suffolk countyapd/ Commission Expires Sspt. 30, 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. yr c) rr a- /�� l7rlS� _ _ ©v r xf r . / LoOo - i/ 3-o7vi.27 ------- ----- ------ -- --- - - - -- --- - - - - ---- - - -- - -- -- - -- --- -------------------- - - - - - - -- ----- - - -- ---- --------------------------- --------------- _________hx--70=_�_ - - - -- - - - -- -- - ------------------------------------ --- ------------------- ------------- ------ ----------- ---------- -- -- ----- -'7/0 -1a_l w AJ --- - ------ - - - -- - - -- - - ---- -- - --- - - -- ----------��•- U•--SOX---- ��� ---------------------- - - -- ---- --- - --------------------- - - -- - - - - P 3 Z _ - -- -- -- - - — - -- -- - --- - - - --- -- --- - --- -- -- - - - - - -- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Appl. 94423 s p�OgUFFO(,�COG o - C z BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS APPLICANT: ARTHUR PROPERTY LOCATION: ( formerly 14 and 32, as Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 9/19/96 FOSTER. /i3 -!-- / ?. / `Y- W/s Cox Neck Road, Mattituck. 1000-�-�3—� C combined into one parcel as of this date) . BASIS OF APPEAL: Aug -List 21, 1996 Action of Disapproval by the Building Inspector, Article IIIA, Section 100-30A.3. RELIEF REQUESTED: Proposed Minor Subdivision Map for Arthur P. Foster amended 9/25/96 for a proposed "cluster development" project, involves code relief for (a) proposed Lot #1 containing 80,000 sq. ft. including right-of-way; (b) Lot #2 having an existing insufficient lot depth of 201.13 feet as exists at the new division line bordering both Lots 1 and 2, and 50 feet at the most easterly property line along Cox Neck Road. (c) Lots #1 and #2 each do not have 175 ft. of lot width (frontage) on a town street; Lot #2 consists of a. lot area of 2.3395 acres, including right-of-way. (d) the front yard setback was accepted as submitted to locate , a principal building at 80 feet from the southerly property line and 30 feet, from the closest point of the right-of-way easement area. (Further Notation: The insufficient side yard setback for the building envelope in Lot #2 was amended by applicant to conform to the bulk schedule in an R-80 Zone in the event reduction was not allowed under Section 100-181C-3. The dwelling on Lot #1 exists and the placement of a division line does not create a nonconforming setback at the easterly yard, and the north, west, and south setbacks exist. For the record, it is also noted that applicant has proposed dedication of 20,959+- sf. . of land to the Town of Southold Cor drainage purposes, which land area is excluded from Lot #2. MOTION MADE BY: L. Tortora SECONDED BY: G. Goehringer ACTION/R.Is'SOLUTION ADOPTED: Approved as applied. REASONS/FINDINGS: .l. Total lot area of each parcel will be met. 2. The relief requested is minimal in relation to the character of this land and the surrounding areas. 3. No physical change in the location of the existing building will be necessary by the placement of this "division line." 4. There is no alternative available for appellant to pursue. 5. The difficulties are related to the layout of the land, and are not personal to the landowner: depth of this parcel from Cox Neck Road as a whoie lot is 1231.22 feet from westerly -easterly borders, :inr 'lac-)ror)os,e( north -south width is narrow for the first 258 feet Page 2 - Appl. No. Application - ARTHUR. P. FOSTER Decision Rendered October 17, 1996 from Cox Neck Road. 'The proposed. depth of Lot #2 increases to 201.13 ft. at the westerly end, inclusive of the ROW easement. The frontage (width) of Lot #2 proposed along Cox Neck Road is 50.0 feet, although the lot widens to 104+- ft., and greater, as it extends to the west. 6. The character of the neighborhood will not be adversely affected, and the drainage area is proposed to be beneficial to the whole area. 7. No adverse physical or environmental effects will be produced on adjacent properties since the plan will continue to be in conformity with the zoning code. VOTE OF THE BOARD: Ayes: S. Doyen, J. Dinizio, R. Villa, L. Tortora, G. Goehringer. This resolut' n was y a pted (5-0) . GERARD P. GOEIiRINGER CHAIRMAN, BOARD OF APPEALS 10/23/96 Findings and Resolution to: Mr. Arthur P. Foster (Applicant) Planning Board Office (Attn: Planner M. Spiro) Building Department (Attn: B. Inspector G. Fish) Action/foster10.17 RECEIVED AND FILED BY THE SOUTHOLD TOW14 CLERIC DATE tG►/�,(/90 HOUR l / ; ao AlkN Town Clerk,& Town.P-Sol