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Home My WebLink About4704APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�o��gUFFO(,(•Cp� o - N = W • BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 1999 Appl. No. 4704 - JAMES AND LORI HUNTER PROPERTY LOCATION: 11227 Soundview Avenue, Southold 1000-54-6-2.6 DATE OF PUBLIC HEARING: June 24, 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 consists of a total lot area of 45,389.57 sq. ft. The property is located along a private right-of-way which extends 443 ft. from the south side of Sound View Avenue at Southold and is improved with a 1-1/2 story frame house with attached garage and wood deck, and accessory frame 12.2' by 16.2' storage shed located 47.5' from the westerly front property line and 55' from the easterly property line. The September 24, 1997 J. Ingegno survey also shows a 23.9' by 30 ' foundation located 42 ft. from the westerly property line and 15' from the easterly property line. The "as built' 20' by 40' inground swimming pool is shown to be partly in the rear yard located 23+- feet from the easterly property line. BASIS OF APPLICATION: Building Inspector's April 22, 1999 Notice of Disapproval citing Article III, Section 100-33 of the Zoning Code with respect to its location partly in a side yard (and partly in the rear yard). (No other variance relief is noted in this Notice of Disapproval.) AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for approval of an "as built' location of an inground swimming pool located near the southeasterly corner of a wooden deck addition of the dwelling. The location is shown to be partly in a side yard and partly in a rear yard. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the inground swimming pool is located on a well landscaped wooded lot approximately 94 ft. from the private right -of way and 33 ft. from the nearest (rear yard) property line. It will not be visible from either the right -of way or nearby properties. 2. The benefit sought by applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the applicant's property is a large irregular-shaped triangle with a limited rear yard area to locate the swimming pool. 3. The requested area variance is not substantial because only half of the swimming pool will be located in the side yard. The remaining half of the pool will be located in the conforming rear yard area. 4. The difficulty has been self-created. 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the lot is large and the pool location is well buffered Page 2 - July 1, 1999 ZBA Appl. No. 4705 - J. and L. Hunter Parcel 1000-54-6-2.6 at Southold from nearby properties. In considering this application, the Board finds that the relief requested is the minimum necessary and adequate for the applicants to enjoy the benefit of a new inground swimming pool, and that grant of such relief will preserve and protect the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Horning, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZI TORA, P1,LINS,AND HORNING. This Resolution was duly adopted (5-0). GERARD P. GOEHRING For Filing about 7/7/99 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 701q9 HOUR 3 ', 60 ?M Town Clerk, Town of Scut',,i3 upsstoq .locaten eces s `aq gtnun �''a'�ys; ,othernmtnge,Fequued keac and at ,;x X0100 b4aut ,'Road" `cti o�gue'� rc £� 4 �d25^g.m L".Iq„ga4'10�;-. A AOI �gso'i'r,�Ttus, ` israjegct tttV9a34e,Fugder :3SSFtoetaoF.aAtbipnonxMagof £2ardmersrBay Es'Wes-, tdeut . �iaµdn ,t l9AN.A1Y' Maps �Ihs�.��,�ou.3�'yBi�:�. Pt htt°n" or,.bu..tdtStSper.Ra , .the Bnt�dmgi7egar�xnigpf�SsF,ebru�ry, lb+ 1'a�@ew°{ `�?uapgrovai 4vfitek3ta�st(tat Tou��4 enQ 15 in 1 D,>stgct 000 ecdon otn w ? �,cB3wk,A, i have R, M,- SgMtoa pe, nn �s .3TATE OF NEW YORK) )SS- by $ a 'arse ` OUN TYOFSU FLK) �o a Mn ( S of Mattituck, in said hold mer a C�., 9 ttoa3 sia�erhac .ounty, being 'duly sworn, says that he/she is 41�z oa § , ;?rincipal clerk of THE SUFFOLK TIMES, a e F,K"xeekly newspaper, published at Mattituck, in aysa he Town of Southold, County of Suffolk and to s -hate of New York, and that the Notice of which e uek :k1e annexed is a printed copy, has been regu- t�azly published in said Newspaper once each i t .:veek for weeks successively, a' arcei:omme cing on t11 day picaon� 19 ullam o � late�ttel o e ,'u'Principal Clerk 4 5oa°nlusYworn to before me this Q s "�. n , S lay of 9'� 19 MARY NA FOSTER pd � ° .e• �q na. �� -w i NOTARY PUBLIC, STATE OF NEW YORK P49VA",, NO. 52-46155242, SUFFOLK COUNTY COMMISSION FXPPR€S AUGUST 31, 19 1Cand tfiee„t anuaWl3999 gtg•rnde ., po ,�m .. ' �$.ocanon eTLL eck'.ane, 3tb. of 4W 1 " 69i.;,.�ro. sa4.! i WIN",[ .Ei!L�'- c— c , tiTEuuPrna -5. i hq, s a 2) PAF Posed"h„ Ah" e �p .a 4" 709"" - - �fu�Y�eeaa;'4 YI i � @ t7ISe..A 42 w ' a ''O1I,; 2Nei .lOdee� l o )ygni�3C${l, •uauumum,Y i P� „ • I �,9�4t ,: tie dih ,*iofiee'? an = ' g tnd s� a.... T7-'L_a.was Ptii�>�t cep ts, c,oi,and ` ues -un- e3e pt Ir TORN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N -Y - A NOTICE OF DISAPPROVAL UPDATED DISAPPROVAL Origg..sled 6/3/98 .. DATE: G/22.�.9.9 ............... To James Hunter .... 11227 Soundview Ave. Southold NY 11971 ..................... PLEASE TAKE NOTICE that vour auolication dated Aril 28, 19$8 for permit to install aninground swimming pool at Location of Property11227 Soundview Ave. Southold_ •....•-•••----...... ......... House No. Street Hamlet County Tax Map No. 1000 — Section . 54....... BLOCK ..6........ LOT 2 b Subdivision ............................... Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds .......................... The proposed accessory inground pool beim located on a non-conformin... .............. . .... .... ............. lot in an R-80 Zone is.rmiired to be in the rear yard. Pursuant to Article III100-33. ....._....... .................. ....................... .................••••--•--•--.....................................................,.... ............. IL ING INSPECTOR Gary J. Fish RV 1/80 OF HEALTH ............... FORM NO. I ;ETS OF PLANS .............. D I5 i} TOWN. OF SOUTHOLD SURVEY ............. BUILDING DEPARTMENT CHECK •.••..•.... �R TOWN HALL " SEPTIC FORM. ................... SOUTHOLD, N -Y. 11971 _ TEL: 765-1802 NOTIFY: SLOG DEPT. ib>, -T VJN F5 UTHOLD < CALL .................. Fxinhined_................. 19 .... MAIL TO:.................... Approved ...._. ...meq.. �. 19 ...Permit No ................ Disapproved a/c .. G / . �. t.J/,f.... : j��.4r/'0 ....:.:. ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT _. INSTRUCTIONS a. 'This application nest be completely filled in by typewriter or in ink and submitted to the Building Inspector with 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, reladonsbip to adjoining premises or public streets or areas, and giving a detailed description 'of layout of property must be drawn on the diagram which is part of this application. c. Iihe work covered by this application may not be commenced before issuance of Building Permit. h Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permi shall be kept on. the premises available for inspection throughout the work. INo 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. APPLICATION IS HERM, MAUR to the Building Department for the issuance of a Building Permit pursuant to the Building :Zone Ordinance of the Tann of Southold, Suffolk Gouty, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordi noes, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buil( n for essaryin ............ ......................L.LQ.�J (Signature of alWicant, or name, if a corporation) CNI RT (Hailing address of applicant) State rAother applicant is owner, lessee, agent architect, engineer, general. contractor, electrician, phuber or builder. .... ................ . ............................ Name of owner of. premises �'Imri.,? . PL. Vt.V J.4L.......................... ............................... (as on the tax roll or latest deed) If app can is a corporation, signature of duly authorized officer. (Z-154- ... :.-SL.._ .................... (Name and title o&cdrporate officer) Builders License -No . ................... 4-r...... Pluntuers. License No . ......................... Electricians License. No . ..................... Other Trade's License No . .................... I. Location of land. on which proposed work will be bone'............. u a .............w� ...��r .. j.. lc�........................... .............. Douse Nurber Street Nanlet County Tax Map No. 1000 Section -59 ......... Block ..V. ........ lot L-0......... Subdivision ...................................... Filed Flap No. ............... Lot ............... (Nave) 2. State existing use and .occupancy ().,of Cpranises and intended use and occupancy of proposed construction: a. Existing use and occupancy .J�".1..mldkf�...`....�../.y....�.....y....n..,.........'.,.\.....r.V.'...�........(....,.�.,.�,.... b. Intended use. and occupancy Aa.�O... tu.�l.. ,-:.,�.u..ir.`.t t`.b..�WvmI1.UN....CLa,.,),.. . 1. IL-mue of woik (dieck witich allAicable): N�4 lklildinj . .......... AikliLioo Alteration .......... Ikelmir Fenoval ............. lk-srol it ion ............ other (Description) 11. Estillote<1 U)SI: ....... ...... fee .................. -- ........................ (to lie paid on filing this application) 5. If 3�el I ing, millier of (1well it% units ....., lkvijier of(!,ael I itig units on each floor ................ If garage, otiolier of cart: .......AO .... ......... I .... I ...... 6 If lushness, coillerciall or'mixed occupancy, stied fy naLure wxl extent of each type of use. 7. I)iliensicos of lnlisring SLI'AICLUTeS, if ally: 17root ................ Rear ............... 0epLh ................. IlLijwt ............. ..... Uxilier of Stories — ............ tililousions of salle structure with alterations or alklitions: Front ............... Rear ...... I)epill lk-ii4it ....... ........... . U111,er of stories ............... B. Ditiensious of entire new construction: Flout, -- ........... Rear ..... ......... DeI)LIl ........... Ile iI;lhl ....................... M Uliiber of Stories ............ 9. Size of lot: Front .................... Rear ........ Depth .................... 10. Date of Purdiase ..................... Haim of Fornier 0woer ............. ................ 11. Zooe or use district in arich py'allises are sinjal-ed ....... — .......... — ........................................ 12. hoes prolioseti, coustxul�Licn violate ally zoning law, ordirlaoce or regular ion: W ............. I'l. Will lot: lie rel"rixied ..................... Will excess fill 1w reimeil froin preinises: US M) M. flailies of Owner of prenises ....... A&Iress ...... &iw Rye .... Myixe of Architect ..... .............................. Arklress ................. ......... 1110ne 14o. � .......... Mity I V of ClinLractor 0 — -)q azi Zak n �.ft. .. E�K, . A&I .... qQ...Lkk� 15. is this property within 3M feet! of a tidal veLlalwl? * YES .......... 11) Z ...... *jr Yus, sainnil, wm iftijumis inmrr ishy itio ivapim). I'I.0'I' DIAGRAM Tocale clearly aryl distinctly all Ituildings, whether existing or proposed, and inificate all set—back diniensions fimi lit-olierry lines. Give street aril block txviier or descripLion acconling to deed, aril dhow street ruktes anii inclicate w4wilwr interior or corner lot. SIME 01" MM Y0f2K SS U1I11,11"I Gir ....... AAL4 � ::I- �&tv .lieiol, di sw<)rn, defuses alvi says that he is the alif,liclitif ............ * ........ (161te of imlividual signing ('0111tact) ;jlxjve svuerl, T-jA-C-�Wy-- lk, is file .. ....... . -J ..................... .................... ............... (U)nLracLor, agent,(:urlx)r!ILP officer, etc.) of said owner or comers, taxi is duly aut.)1067ed to Ilerforin or have perlonned the said work antl to mike 81XI file this ;1j?pIiCnLioll; (hat .111. SLaLeireuLs contail"I in this litiflicaLion are true to the lies( of his krit"ledge null belief; aixi that the work will, lie jierfoniecl in the utanne-r Set forth in Lhe application filed titerewidi. f)cX)rjl to I)efore III! Illiq (I a y 0 f. ..... 19—J. TC -1 1401-my0-1� .............. (Sig ,oat tire of Apt I nen t) DONNA W TAYLOR NOTARY Potle, State of New York NO DITA489" 'R41 Suffolk Term Ex, ` • �� ¢ �k Ru -,.,^rte' tete, CA .. Ftla'�(i•'r� £ tom?' Sr" RE HUY 199 L4 Y,f 'dB3Slti TOWN OF IAI0", d&ff0ftTORK APPEAL FROM DECISION OF .BUILDING INSPECTOR APPEAL NO. 'i"ICJ DATE . `�f .�� L r�........ -1'0 TI IE ZONIIIIG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (we) ........ J!i? f:s %; t✓` . e2 ....... .of ......0 .... ........... i................... . I ................ Name of Appellant Street and Number ........................................................!................................. ...... .......HEREBY APPEAL O Munieipotity State _-ZZ_001 THE ZONItIG BOARD OF APPEALS FROM TI IE DECISION OF THE BUILDING INSPEC"I'OR OPI APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY r THE BUILDING INSPECTOR DENIED YO Name of Applicant for permit .......................................................... »�.. ....... ... Street and Number Municl ori State ( ) PERMIT TO USE l ) PERMIT FOR OCCUPANCY (� P2�r✓11�' (� r7lL (yf�f !ZV .e:..� � Q � � 1. LOCATION OF THE PROPERTY .................. ........ ....... ..... . .... ..... Street /iiamtet % Use District on Zoning Map District 1000 SectionSti Block C loth=4 I-Ole1 fl,w�Pr ».,....._..__»».. _..».�.._ »....».... .Current Owner Mop No. °Lot No. prior Owner b)6�se,4; 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub. section and Paragraph of the Zoning Ordinonce by number. Do not gtsote the Ordinance.) Article -M_ Section i"-3 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (-')� A'VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap, 62 Cons, Lows Art, 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building inspector or with respect to this property. Such appeal was ( ) request for o special permit (-11request for a variance and was made in Appeol No.................................Dated.............................r........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection. 3 (kf A Variance to the Zoning Ordinance Is requested for the reason that Farm: zIlt (Coni Liue on other side) REASONS FOR AREA VARIANCE ONLY fto be completed by applicant): Dor not use these standards for ,use variance" or special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhoodora detriment to nearby properties, if granted< BECAUSE: ksz'a2i e2 y L 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursuer other than an area variance BECAUSE: Se yn-"ZO 3. The amount of relief requested is. not"substantial BECAUSE 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE ,,, feu h" IV'76 , 5. Has the alleged difficulty been self-created? pa ( V) Yes. rt cc ✓o7 �v S�rsJ 9 r�Ly ( ) 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) Sworn to before me this 91�1-` cxtls; form. va •,ema )attach written consent from owner. of 12Pt-1_ '_,14 ?J' i I ELFZABEMASTAIMS - NOTARYPUBUC.StateofNewYG* No. 01 ST6006! 73. Suffolk COUM Ten"ExpirnJumS.2L.Qu MlNU5 (2°OX 7209F = 144t Foundation ("? Bath �� Dinette Porch Basement I` K. 45 30 - 720 J,2' o� /D� Ext. Walls 16Z7C.tjA ILYA �R71, LR. I �3 MEN Zoo Fire Place Neat Hd-r Ail 41 Garage 2z X 74=- S2_6(,Z(� ciOCi Type Roof G 13LS, Rooms 1st Floor BR. 3 x ¢ % J Recreation Room Rooms 2nd Floor Z FIN. B ONO ) 2 q L i ( Dormer Driveway J Total MEN I I oil MEN MlNU5 (2°OX 7209F = 144t Foundation ("? Bath �� Dinette Porch Basement I` K. 45 30 - 720 J,2' o� /D� Ext. Walls 16Z7C.tjA Interior Finish �R71, LR. I �3 G Zoo Fire Place Neat Hd-r Ail DR. Garage 2z X 74=- S2_6(,Z(� ciOCi Type Roof G 13LS, Rooms 1st Floor BR. 3 x ¢ % J Recreation Room Rooms 2nd Floor Z FIN. B B. ) 2 q L i ( Dormer Driveway J Total MlNU5 (2°OX 7209F = 144t v X, a 301 I � ('� I rLmirlyl-M SU--RVEY OF PROPERTY WL'A M A r SOUTHOLD Cc WWI OF SOUTHOLD SUFFOLK COUNTY. NEW YORK is (T S.C. rAX No. 100 -05-2.6 0-54 A= SCAE 1'--20' SUMMER 24, 1927 pxw. w^ t;07. -3. IM !610 't*wWrk L- GI" � ArlPay. .mu rLmirlyl-M Jcmelph- A- Ingagna Land S!LVWO A= vl/ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD July 7, 1999 Mr. and Mrs. James Hunter 11227 Soundview Avenue Southold, NY 11971 Re: Appl. No. 4704 - Variance Dear Mr. and Mrs. Hunter: 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 Meeting held July 1, 1999. Please be sure to follow-up with the Building Department (765-1802) regarding issuance of a building permit and certificate of occupancy. A copy of this written determination has also been furnished to the Building Department for placement in its pending application file and update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Decision filed 7/7 July 7, 1999 Mr. and Mrs. James Hunter 11227 Soundview Avenue Southold, NY 11971 Re: Appl. No. 4704 - Variance Dear Mr. and Mrs. Hunter: Enclosed please find a copy of the Appeals Board's determination rendered at our Meeting held July 1, 1999. Please be sure to follow-up with the Building Department (765-1802) regarding issuance of a building permit and certificate of occupancy. A copy of this written determination has also been furnished to the Building Department for placement in its pending application file and update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Decision filed 7/7 b"T �. Mv_ ti � Qj;lti Liz I 3� � � �� ! !� � r ” ,� � H� �� . 3�i i� �� .. ;� ._ � �.. ram i _ �� _ � . f ��_'_� "''._�"tea,----- ' �} � ,� + � , � _.�� , !. ti ,.4 � ' r` � + � d.-, � , � 3... �� .Aa�,i�- `� i � �+� �.. � �l � f i + , f) I . �> i :� � � �a- � �, � /�4 �`' y � � ' '! � 1i,j f .i. //A�� c' 1� 1 � �t tt4� h v � ' 1► '..FSS. r �� `�_ �� a -:� � � �� ! !� � r ” ,� � H� �� . 3�i i� �� .. ;� ._ ram i \- [- � . f ��_'_� "''._�"tea,----- ' �} � ` x+. a � , � ��r�� ,� rM1J C. - .�� 3... �� .Aa�,i�- `� Ff ^1 F i �� a M, I� !4 S �4 . -�E.�`..� ilk a�n•' 1k ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER U " OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: May 3, 1999 RE: Zoning Appeal No. 4704 - James & Lori Hunter 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 4704 - James & Lori Hunter. Also included are Notice Of Disapproval with Building Application attatched, Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, copy of Surveys, copy of Plans and photographs. TRANSACTIONAL DISCLOSURE FORH Is Code of .,....ics prohibits conflicts of of town officers and employees. The purpose of this form 18 to proviae inrormaV,ivn "iu vu cau alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME- e (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance �— Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) _ Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares.. YES NO 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)s 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 thhiis_ L 2 day of4AV(' 1 199 Signature \ 110 �~ Print name t S QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of th individuals (and entities) having a subject premises and a description (Separate sheet may be attached.) -o?K , 5 if /4,-, e 2 e owner(s) and any other financial interest in the of their interests: B. Is the subject premises listed on the real estate market for -.sal 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 {-T No D. 1. Are there any areas which contain wetland grasses? 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? /_' U _ 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town TrusCees 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." G. Do you have any construction taking place at this time concerning your premises? /V o 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 orany co-owner also �whereother dorloss�it copies parcel_ Y explain of deeds. I. Please list present use or operations conductedatthis parcel proposed use //V 9 a�� /a v o L 0 Au riz Signature and Date 3/87, 10/901k i i uil 42" J Section B—B AWm wn„ J��()(Fdtw & Pune To Masta-' ��To PAUWM (Dry V- 00,mm) Piping Arrangement Rebw P51 C"=Gu yP Section A—A Typical Wall Section . SIZE A B C D E F G H 9M W. ARTHUR ED WARD S FM n. F'r. n. FT. FT. FT. FT. Fr. SUM GAL POOL & SPA CENTRE 16x32' 16' 132' 8' 14' 8' 4' 4' 8' 512 19,000 PERMACRETE WALL SYSTEM 16'x36' 16' 36' 12' 14' 8' 4' 4' 8' 576 21,600 929 Route 25A Miller Place. NY 11764 18'x36' 18' 36' 12' 14' 6' 4' 5' 8' 648 24,300 (516) 744-7185 FAX (516) 744-0174 20'140' 20' 40' 14' 14' 8' 4' 6' 8' 800 30,000 Suffolk License #4436—HI Nassau License #R174450000 APPEALS BOARD MEMBERS �Ge and P. Goehringer, Chairman )) James Dinizio, Jr. n, Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEA TOWN OF SOUTHO MINUTES THURSDAY, JUNE 241 1 REGULAR MEETING Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 hone (516) 765-1809 RE0E1VED T` ' �a�Thp FILED By TOliTI., CCK Dz17,7 9 IQ g%T x0 , Tcvt'ja C1'rk, Tc c� tioufl�a�d A Regular Meeting of the SOUTHOLD TOWN BOARD OF APF Southold Town Hall, 53095 Main Road, Southold, New York 11971, on 1999 commencing at 6:35 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member Linda Kowalski, ZBA Secretary. Absent was: James Dinizio, Jr., Member 6:40 p.m. Chairman Goehringer called the meeting to order. I. SEQRA RESOLUTION: A. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to declare the following projects as '"Type II Actions" (no further steps under SEQRA) for the following setback, lot area, building length, and/or accessory use projects: #4696 - George and Eileen McGough #4697 - Fred and Mary Milner #4698 - William Lieblein #4699 - Lisa Jerome #4702 - Dan and Madeline Abbott #4703 - Mike Morrison #4704 - James Hunter #4705 - Raymond Mitchell #4706 - Richard Bdggman #4707 - Nancy Wellin #4708 - Mark Lieb #4709 - T. Losee #4710 - J. Frazzitta. #4711 - C. Davids. Page 2 — Minutes Regular Meeting of June 24, 1999 Southold Town Board of Appeals r#4662 - P. Rushin & Motley. This Resolution was duly adopted (4-0). B. COORDINATION LETTERS: Mattituck Library - Planning Board, Lead Agency/Unlisted Action Designation and coordination letter (for all involved agencies). Reviews pending. II. PUBLIC HEARINGS: 6:35 p.m. Appl. No. 4685 - VINCENT TORRE. This is a request for a Variance under Zoning Code Chapter 100, Article III, Section 100-31C(2) based upon the October 20, 1998 Notice of Disapproval (updated January 27, 1999) regarding a building permit application to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery, disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A -C Zone. Location of Property: 100 Sound Avenue, Mattituck, NY; Parcel ID 1000-120-3-1. (No appearances were made.) Applicant, by his agent Proper -T Services, Inc., requested a postponement. Motion was made by Chairman Goehringer, seconded by Member Tortora, to recess the hearing to the July 22, 1999 hearings calendar, pursuant to applicant's request. VOTE OF THE BOARD: AYES: Goehringer, Tortora, Collins, Horning. (Member Dinizio was absent.) This Resolution was duly adopted (4-0). PUBLIC HEARINGS, CONTINUED: 6:38 p.m. Appl. No. 4687 - PRISCILLA STEELE. This is a request for a Lot Waiver under Chapter 100, Article II, Section 100-26, for a substandard (vacant) lot known as 275 Village Lane (west side), at Mattituck, NY, situated approximately 122 feet north of the Main Road, identified as Parcel 1000-114-6-5. This request is based upon an application for a building permit and the Building Department's March 22, 1999 Notice of Disapproval which states that Article II, Section 100-25 merged this lot with an adjacent house lot to the west referred to as 15405 Main Road, Mattituck, Parcel No. 1000-114-06-03. Richard F. Lark, Esq. spoke in behalf of the application. Also present was Mrs. Steele. After receiving testimony, motion wasmade by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was.duly adopted (4-0). IV. AGENDA ITEM: A. Motion was made by Member Tortora, seconded by Member Horning, and duly carried, to approve the Minutes for the May 20, 1999 Meeting. This Resolution was duly adopted (4-0). B. Code Committee Sessions (none scheduled). NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 24, 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, JUNE 24, 1999 at the time noted below (or as soon thereafter as possible): 7:35 p.m. Appl. No. 4704 - JAMES HUNTER. This is a request for a Variance to locate an in -ground swimming pool in an area other than the required rear yard. This application is based upon an application for a building permit and the Building Department's April 22, 1999 Notice of Disapproval which cites Article III, Section 100-33. Location of Property: 11227 Soundview Avenue, Southold, NY; Parcel 1000-54-6-2.6. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications or to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: May 26, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK Yr, the Matter of the Application of (Names of Applicants) Parcel ID #1000- - - COUNTY OF SUFFOLK) STATE OF NEW YORK) I--44&es 114IUfQ/1 AFFIDAVIT OF MAILINGS residing at ,,/Z Z % //v IV , New York, being duly sworn, depose and say that: On the / 7 day of Jc"j If , 19_Y9, I personally mailed 0- States Post Office in Na'"" RETURN RECEIPT REQUESTED, a prepaid envelopes addressed to current roll verified from the official records on ;'. :•I . 04; j Real Property Office �j' abuts and is across a public or private st surrounding the applicant's property P 237 724 272 US Postal Service IS °' a -D 199 �fse a � a No InC lr4nCe Coverage Provided. Do not use for International PAail See revere Scnt Street & N'u ,oar ,, s NIS N u C Post it.ca, Stzte, & ZIP Coda Postage ° 3 g rck of this Affidm�it or CerVisd Fee //• /v I ai'ldresses for it hich i ' I h , V � !_-� L 5+�,� Special De!,vary Fee = 3 REStncted Dcw: < F02 SiJ Q ei�D >o LO Rctum Re�aip, 9to _ Whom & rata De!wared + 1 0 7 I R—am Rc:: pt Shy;p-,T r71'!ho Q Dat, TOTAL P�,Stage & Fees Posimarlc of y O LL rn 4 it ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- -------------------------- ------------ x 000 - ----------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING residing at 112 -So0,/ P �e ,4U , New York, being duly sworn, depose and say that: On the / ? day of 19 I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, whi hearing date was sh n to be (Signature) Sworn to before me this /?f0+ day of ,7`u,,, e , 19-E9,- . EItM M. ROAM E _ *Wy pdAc, Stele W New Yak o�L22 No. 4826942DAVW In W* 00* (Notary Public) iyKwy 3i, 20o a *near the entrance or driveway entrance of my property, as the area most visible to passersby. . . qhpqCr �Z&M-7-S WIMMIA16 PeYrk--.LoG9 TION 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: .TMs //& A t rE,e DATE OF PUBLIC HEARING: � Tires.,-Tw✓Ea2s� /999 %�Pm. 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 //4J.7 9oA-vbV1,6-W 4v&,7 Soc��'f1o� OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road 5outhold, NY 11971 (516) 765-1809 fax 765-9064 May 27, 1999 Re: Chapter 58 — Public Notice for Thursday, June 24, 1999 Hearing Dear Applicant: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than 6/17/99. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning y OSL"r' ZZ(,f "- C =� W19, Z BOARD OF APPEALS TOWN OF SOUTHOLD f /O& Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY 22, 1998 Appl. No. 4534 - LORI HUNTER PARCEL 1000-54-6-2.6 STREET & LOCALITY: 11228 SOUNDVIEW AVENUE, SOUTHOLD DATE OF PUBLIC HEARING: January 22, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-80 Residential Zone District, situated along a private right-of-way which ends off the south side of Soundview Avenue, Southold. This lot is shown as Lot #3 on "Robert Johnsen" Minor Subdivision Map, contains a total lot 1.042 of an acre, and is improved with a principal dwelling as shown on the Survey last dated October 31, 1997, prepared by Joseph A. Ingegno, Surveyor. BASIS OF APPEAL: Budding Inspector's Action of Disapproval dated December 10, 1997 which reads as follows: "...Please take notice that your application dated October 14, 1997 for permit to construct an accessory structure ... is returned herewith and disapproved on the following grounds: in an R-80 District, an accessory building or structure shall be located in the required rear yard. Article III 100-33. Action required by the Zoning Board of Appeals...." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Request is to locate a 24 ft. by 30 ft. accessory building at a 22 ft. total height from ground to the top or peak, with 8 ft. ceiling height as shown on construction diagram. First floor ceiling height is shown to be 8 ft. high, and the second floor is for storage purposes and is shown to be up to 716" ceiling height (pitched gable) . The location of the garage building is shown to be 11 ft. at its closest point to the easterly property line, approximately 46 ft. from the westerly (front) property line, and located to the south of the existing frame "shed to be removed" and existing dwelling. flelo /� Page 2 - January 22, 1&98 Appl. #4523 (Hunter) 1000-54-6-2.6 Southold Town Board of Appeals REASONS FOR BOARD ACTION DESCRIBED ,BELOW: (1) The granting of the area variance ` will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because there is -no qualitative difference in the appearance and the lot is on a private road. (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 lot is irregular; it is a long, narrow triangular lot and the lot is on a private road. (3) The requested area variance is not substantial. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The situation has not been self-created. In considering the above, the board determines that this action is the minimum necessary and adequate, and at the same time preserves and protects 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 relief as applied AND subject to the following CONDITIONS: 1. No heat and no plumbing shall be permitted. 2. Electric shall be permitted. 3. This accessory building will be limited to garage/storage use, and shall not be used as habitable area. No sleeping or living quarters shall be permitted. THE BOARD: AYES: MEMBERS GOEHRINGER DINIZIO, TORTORA, AND COLLINS. This resolution was dul opt (4- ber Horning was absent -excused.) � `— ��+s.a+a..0 a • VViia11�117VL'lb, Approved for Filing I/ d5 / AS400/Linda K/Actions.all/54-6-2.6 Draftact/54-6-2.6 7,� FOR BOARD AND STAFF USE Updated New Information N/D/F MARTA WIEPZYNSKI tp o G y(�yp0 PROP 7 SURVEY OF .g, E R SI T UA TED A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW Y S.C. TAX No. 1000-54-06— SCALE 1"=20' Cr"PTr'AAPr'P 7A 10a7 97-399B