Loading...
HomeMy WebLinkAbout4748p'�afS ®Aid S r �Ze.Tc1%r�Crze.� �s-> 2W -/ C, . APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning o��gUFFO[,� O c� < 2 x W • BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 3, 1999 Appl. No. 4748 - ERNA LANG 1000-136-1-51 STREET & LOCATION: 220 Oak Street, Cutchogue 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 applicant's property is a 19,441 trapezoidal -shaped lot with 83.11 ft. frontage along Oak Street and 143.87 ft. frontage along Eugene's Creek, in Cutchogue. The lot is improved only with a one-story frame house set back 83+- ft. from the front property line. BASIS OF APPLICATION: Building Inspector's June 17, 1999 Notice of Disapproval which states that Article III, Section 100-33C: "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front yard setback requirement as set forth by this Code. Proposed accessory garage is located in front yard five (5) feet from lot line." The June 17, 1999 Notice of Disapproval, corrected on October 14, 1999, shows that the front yard setback requirement for a lot of 19,441 sq. ft. in an R-40 Zone is required to be thirty-five feet (rather than 50 feet)." AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a location of a 24 ft. by 24 ft. accessory garage in a front yard area. The setbacks are proposed at five feet from the front property line and five feet from the northerly side line. The garage is proposed to be unheated and for storage and parking of vehicle(s) as an accessory to the owner's residence. 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 alternative variance at 30 feet will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The garage is one-story in height and the distance remaining between the garage and the front of the house is approximately 27 feet. 2. The benefit sought by applicant can be feasibly achieved by the alternative 30 ft. setback. There is no other alternative feasible for appellant to pursue other than a variance, due to the size and shape of the lot and limited available area. 3. The grant of the alternative variance is not substantial and represents 14.3% reduction from the code's 35 ft. setback requirement for a principal structure. 4. No evidence has been submitted to show that the alternative grant of the location for an one- Page 2 - November 3, 1999 ZBA Appl, No. 4748 - Ema Lang Parcel 1000-136-1-51 at Southold story garage would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty is related to the land and is not self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new accessory garage, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Totora, it was RESOLVED, to DENY the variance as applied for, and BE IT FURTHER RESOLVED, to GRANT alternative RELIEF to locate the garage in the front yard, with a minimum 30 ft. setback from the front property line and minimum seven (T) from the side property line, SUBJECT TO THE FOLLOWING CONDITIONS: 1) That the building not be used for sleeping or habitation and remain as an accessory use incidental to the owner's residence, as required by Code; 2) That the building is limited to electrical utilities (and outside faucets on the exterior of building), if proposed. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO ORA, COLLINS. (Member Homing of Fishers Island was absent, out-of-state.) This5es ution w dylyadWed (4fa). 3ERARD P. GOEHI For filing 11/5/99 REGEWED AND FILED BY THE SOUTHOLD TOVIN CL= DATr'i�/s�9� HOUR ` twn Clerk, Torun of `3oufuol4 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Si0.n F M 1 i 63 of 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 in said Newspaper once each week for k weeks successively, commencing; on the .- ( n day of 19 qq. Sworn ty-before me thM T_A day of _T QC Como F NEW YC 13 FORM NO. 3 _ TOWN OF SOUTHOLD BUILDING DEPARTMENT' 4 10 SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL~ ! -" ettL c -e i; s DATE June 17,199 TO Erna Lane 49W 220 Oak Street _ Cutchogue N.Y.1 I935 Please take notice that your application dated April 29, 1999 For permit to Construct an accessory garage in front yard at Location of property 220 Oak Street Cutchogue County Tax Map No. 1000 - Section 136 Block I Lot 51 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds Pursuant to Article III Section 100-33C In the case of a waterfront parcel accessory buildings and structures may located in the l L ILL feet. Authorized Signature BOARD OF HEALTH ............... FORM NO. 1 3 SETS OF PLANS ............... TOWN OF_SOUTHOLD SURVEY BUILDING DEPARTMENT CHECK .. ..• •...•..•• TOWN HALL SEPTIC FORM ................... SOUTHOLD, N.Y., 11971 TEL: 765-1802 NOTIFY: Examined. 19. Approved ...................19.... Permit Na. ..:............. Disapproved a/c .................................. ................................ (Building Inspector) CALL MAIL TO: .�-ZO 041"L 57, .. „G c.¢e� �c�� kyliy3S r ... APPLICATION FOR BUILDING PERMIT (� g p . Date.. !. . t'.?':..... , 19. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector wi 3 sets of plans, accurate plot -plan to scale.' Fee according to schedule. b. Plot plan showing location of lot and of buildings an premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property mist be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such rmit shall be.kept on the premises available for inspection throuakmt the work. e. No building shall be occupied or used in chole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS BERE8Y MALE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk Canty, 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, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in build' r neem inspections. ........................ (Signature of applicannt,name, if a corporation) �-zc' o�K ;sr c.vr��oc��,niy�iy�s (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ............................................................................................... Name of owner of premises ...�t l .IV A.... L l 4/ e .......................................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. .................................................... (Name and title of corporate officer) Builders License No. Plumbers License No . ......................... Electricians License No . ..................... Other Trade's License No . .................... L Location of land on ubich proposed work will be done.............................................................. .. `.....................r..:R..: ! ..� House Number Street Hamlet 4./ Canty Tax Map No. 1000 Section Block / ° .. Lot Jl .00 �. Subdivision ...................................... FiledMapNo. .. .......... Int ....... ..... � // (Name) � 2. State existing use and occupancy of premises and intended use and occupancy of proposed cans ion. a. Existing use and occupancy ............................................................................ b. Intended use and occupancy .........�7•..�A AA�4E ... .............................................. 3. Nature of work (check whidr applic�-ae): New Building . X.... Addition,--,...... Alt#cW Repair ............ Ranal .... ... Demolition ............Other Wor........ .tµ. .......... (Descript an 4. Estimated vlzv (to be paid on filing this applizrl: 5. If dwelling, nwirer of dwelling: units ............Nunb l er of dwelling units on each floor If garage, nnber of cars ...... vt.r:... C �W,!O / ............. . 6. If business, oru ercial or mixed occupancy, specify nature and extent of each type of use ....................... 7. Dimensions of. existing structures, if any: Front. .-. Rear 'i' 'r......... Depth ... . height ......................... Nanber of Stories ................ Dimensions of saw structure with alterations or additions: Front ............... Rear ............... Depth .:.................. Height .................... Nurber of Stories ............... S. Dimensions of entire new construction: Front .z�.r�?........ Rear ! ...... Depth f��....... Height �tk. t ? `'�?E°� t:4�e i'f Naber of Stories ...p ........ 9. Size of lot: Front ....C'. ..e Z6'. Rear .l-s� tp ( Depth � l:.lJ... .1 7( / 10. Date of Purchase /�dq� l�% A/' iZ... .. � tS Zj�`7 ...............'�k! ...Name of Forcer Owner .... l..........�........ It. Zone or use district in which premises are situated ..7 t!667._ g f, ....................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: .... ............... 13. Will lot be regraded ......'.l'rd........... Will excess fill be removed from premises: YES 14. Names of Owner of premises ee:tnj..L.q.)!?..... Address ���s.�M �..z�1' GL �CdaB�lslfaale No.v�� Name of Architect ..Pet-? e-? /� Address 't? None of Contractor... �a � �L ... Address ........Phone No. 15. Is this property within 300 feet of a tidal wetland? * YES AkS.... NU .......... y *IF YES, SODDdOFD TOM TR1MEES PERMN MAY BE lZF.(JIVED. l 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 amber or description according to deed, and dm street names and indicate ahetherinterior or corner lot. MATE OF NW YORK, SS .....`:..: .....being duly sworrn,.deposes and. says that he is the applicant. .. .................... Nae of individual signing contract) above named, Ieis the ...... F. !.✓..................................................................................... (Contractor, agent, corporate officer, etc.) -f said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this ,pplication; that all statements contained in this application are true to the best of his knowledge and belief; and list the work will be perfonned in the manner set forth in the application filed therewith. kaorn to before me. this ........ d -.G. .... day of s.1 KPxpf.t.�.....19.�•.6... Notary"lic .. 4 x.41• ..•.. T Appli: (signature of t TOWN OF SOUT1101-0, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL PIO. -/7`f8 DATE TO TI IE ZONINGy� ,B(O%A/�RD OF APPEALS TOWN OF SOUTHOLD N Y 1, (We) .. R`. (�1 ..Lt . &. � .of.........................�t� d................................................... t/r\ -{ Nome of Appellant reet and Number ....12? .. HEREBY APPEAL TO Municipality /State TIME ZONING BOARD OF APPEALS FROM TI IE DECISION OF THE BUILDING 1NSPECi'OR ON APPLICATION FOR PERMIT NO .........................••..... DATED ...................................................... WHEREBY "THE BUILDING INSPECTOR DENIED TO ......... .......... Nameof Appflcant for permit of PERMIT TO PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 22.2 �f �Ql Street»%ilam)e�"j" Use O strict- on honing Map District 1000 Section/36 Block,/ Lot -57 rent OwnerV d- �ZLl9 Mop No» » »Lot No.»»»»..Prior Ovtner. �- 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 f Ot9-33CSectlon 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (%fi) A VARIANCE to the: Zoning Ordinance or Zoning Map ( ) A VARIANCE due to 'lock of access (State of New York Town Law Chop. 62 Cons. Lows Art 16 Sec. 280A Subsection 3 (. ) 4. PREVIOUS APPEAL A, previous appeal (hos) (has no been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ). request for o special permit ( ) request for a variance and was mode io Appeo) No ..... ......................Doted.............................r.......................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection. 3 (A) A Variance to the Zoning Ordinance is requested for the reason thatC19 y{ C p v cT 4 t" a C ki �� D 14 YC1 Fonn xnt (Continue.. on other side) 4 q `f by applicant): "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood for a /detriment to nearby properties, if granted BECAUSE:��, 2 The benefit sought by the applicant CANNOT be achieved by some method, feasible forthe applicant, to pursue, other than an area/., variance BECAUSE: iRs,ilte 1�CP ovJS� �>a�� c�y r �a l � '4 ir- 3.. The amount of relief requested is. not'substantial BECAUSE IS +1,1C emir On Jc 4. The variance will NOT have an adverse effect or impact on .the physical or environmental conditions in the neighborhood or district' BECAUSE 6CC AL/&- viy rP00 vse Edeljl X104 �e 4e Jnr//v S)ye- 5. Has the alleged difficulty been self-created? ( ) Yes. O 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) (Applicant) Agent must attach Sworn to before me this 31Ae day of consent from owner. , 19 9% MARY ANN CY13ULSKI Notary fublio, State Of New York Lxtl:c.r�ora.4ar/temp - - ResedinginSuffolk CounW No. 52.5895900 Commission Expires April 30, OdR70 WW \ S iY TOWN OF SOUTHD OPERTY RECORD CARD :'J OWNFR, STREET Z VILLAGE DISTRICT" SUB. LOT i"` —,-j6 _ v ¢RMER OWNER /77he'Y. N E o ACREAGE�—�0 `e v t°H e %`feylti a. r>-eIS - S W TYPE OF BUILDING SEAS. VL. FARM COMM. I IND. I CB. ( MISC. Est. Mkt. Value `_-LAND IMP. TOTAL DATE REMARKS c:..,_ �.., �t OQ-V�q �f n L �'�(�%�"dbYYa ale�^�GUr/ 1 q -f �� f //%�/lar1-thoh 7Zo Vii, �%hY1tY 0'a&a �. �-�7 D.. /) CP �" W" [ �V/��'+ Jr✓V V / t� lO �.. ��bl %¢Z ,�aCar,- �,+�tJ ..J 0 010 ,1D. o1 n e r'. % o ! A )l q AGE' ' BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER .- Form Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD TFllable 2 Illable. 3y� DOCK s� , W ovdland dr wamplond ryshland }l6u6e Plot Total �mam.�naraa�a !. ,.J V"'£ � 411�r"�_'"lSr�v1`•;- , 61 [ 8 d I _ k FIT , ;i + wl. Bldg. 02� K 0 : 9�` / -' Foundation-� Bath Extension Extension 2 & 1 i ,� .T. Basement Ext. alls W Floors Interior Finish -G E ension -- Fire Place l Heat - i to t / '4a4fa s t- 115 g-5b-� LPorch --- ------- -- Porch — Roof Type Rooms lst Floor - - =-. _ Breezeway __._-_---_..--- --- Patio - - Rooms 2ndFloor �Goroge O. B. . Driveway I Dormer r -,iS;' .' c•E'r�•?: 3315., ., .-5 1, "'.� •'T - _ - , f 1 !fit' ��'• ;.p, u:y: .fit.. � . r 4L?d'f l7co BA A C U Ttmo, 0- VE., TO WN OF, SWU SUFFOLK COUNTY, JURT YORK 1000-136-01-51 WT 12 I n C Ch 110k ( ce N 86 4p'',00 E FE S =Y� O b s yo.. , moi► rr �'•' y . - •_ �- •� •, .. LOT 11 � g � 40 At WT 1 L 1 I. - s4 �� -. , -' 111111, , ♦ s \ Qom. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION �p OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF r�a&AID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR o .O I' WHOSE SIGNATURE APPEARS HEREON. SCALE: 1 =;J0' APRIL 19, 1999 AREA = 19,441 eiq. & to Ue lne ■ -monument Lot numb" refer to Nap. ofugene Heiphti flied in • the 9utloW County Cj"% 'Office on October a No. '8%. ti0 y Ix 1, MErZQ Y. .,-�L N0. 49618 ECO (516 P. 7 — P. 0. X ®� 496"6 1230 sou THOLD, 1, 71 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOL, , ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE November 22, 1999 STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING NOV 2 6 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s� ljaynor Suter Hardware Inc. 4743 Lang, Erna* 4748 Schembri Homes 4757 *Alternative relief appears warranted. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN: cc G:\CCHORNY\ZON ING\ZON ING\WORKING\LDS\NOV\S D4743. NOV LOCATION H LEE DENNISON BLDG - 4TH FLOOR MAILING ADDRESS 1 00 VETERANS MEMORIAL HIGHWAY ® P 0. BOX 61 00 HAUPPAUGE, NY I 1788-OOgg (5 1 6) 853-5 1 g0 TELECOPIER (5 1 6) 853-4044 O��S�fFO(,�coG �� yam► O =� y�ipl 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 Ccnnission: x Variance from the Zoning Code, Article 111 , Section 100-33 -C Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4748 Applicant• Erna Lang Location of Affected Land: 220 Oak Street, Cutchogue, NY County Tax Map Item No.: 10 00 - 135-1-51 Within 500 feet of: Town or Village Boundary Line x Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission..to proposed garage is located in front yard. Copies of Town file and related documents enclosed for your review. Dated: ////?/ 1999 APPEALS BOARD MEMBERS - Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning � O�OSUFFO(,�`oG ZZ ?� ti 2 Dy • �� BOARD OF APPEALS TOWN OF SOUTHOLD November 5, 1999 Mrs. Erna Lang 220 Oak Street Cutchogue, NY 11935 Re: Variance Appl. No. 4748 Dear N�lrs: Lsang: 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 Board's November 3, 1999 determination in the above matter which granted alternative relief. Please be sure to submit an amended map showing the required location for the garage with the Building Department, and obtain 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. If you have any questions, please either call us (765-1809) or call the Building Department (765-1802). Very truly yours, ��ERAR. AGOEHRINGd�6,,�, CHAIRMAN Enclosure Copy of Decision to: Building Department Decision filed 11/5 Page 31 - October . ,, 1999 Board of Appeals Hearings j,, 7:40 P.M. - Appl. No. 4748 - ERNA LANG ;V Proposed garage in a front yard location at 220 Oak Street, Cutchogue. CHAIRMAN GOEHRINGER: Is there someone here that's representing. BOARD SECRETARY KOWALSKI: She's here, She's in the back. She's with crutches. CHAIRMAN GOEHRINGER: OK, we'll give you some time, take your time. You are Mrs. Lang? Thank you for coming. We see that you're a little incapacitated. Who is this gentleman with you? MRS. LANG: That's my son. CHAIRMAN GOEHRINGER: What's your first name Sir? MR. LANG: Hans. CHAIRMAN GOEHRINGER: Hans. It's a pleasure meeting you both. The nature of the purpose of this garage is what? Why do you want it? MR. LANG: Why do I want it? MRS. LANG: We don't have one. CHAIRMAN GOEHRINGER: You don't have one. You want to put your car in the garage? MRS. LANG: Yes. CHAIRMAN GOEHRINGER: I think that's certainly a viable reason for a garage. No question about it. The question I have or the statement that I have is, for the past 20 years that I've been on this Board as of January 1 st, we have never granted a garage at 5 feet. So, you've got to tell us, in what appropriate location you would consider putting this garage in reference to a setback to Oak Street? realize that there are some older garages in the area but I would like you to spend a little more time, it doesn't have to be tonight or (changing tape) that on these older established lots as your community is, which by the way is a very, very nice community. I enjoyed going down there and seeing it. You've got to give us a little more space. We've got to figure out where you can put it a little bit farther away from the road. MEMBER TORTORA: Another 15 feet. Page 32 -October i -t, 1999 Board of Appeals Hearings CHAIRMAN GOEHRINGER: I think the most recent one that we granted was over on Deephole Creek and that was exactly 20 feet and we put some restrictions in it. MR. LANG: Is there a reason why? CHAIRMAN GOEHRINGER: Basically I'm not speaking for the Board, they're all here, but I think the major thrust of this concern lies with visual, it's visually upsetting to people in the neighborhood and to us and it's a precedent that we actually started and we're starting at 20 feet. That was the most recent one we did on Deephole Creek which was Deephole Drive in Mattituck. MEMBER TORTORA: I wasn't crazy about that. CHAIRMAN GOEHRINGER: Yes, and we weren't terribly crazy about 20 feet at that one, I have to tell you. MEMBER TORTORA: The code is 35 so when you come in and say we want to be 5 feet, that's a substantial variance. MR. LANG: Right, but the other neighbors - MRS. LANG: But, there's no other place. I mean if I put it further back then it's right in the bedroom, looking out, I have no light in the bedroom then. MEMBER TORTORA: It looks like on the survey, it looks like on the survey that you show that it is a considerable distance from the house. How far is it from the house now? MR. LANG: I honestly don't even know. MEMBER TORTORA: How far is the house set back from the road? BOARD SECRETARY KOWALSKI: I think it's about 83 feet. MR. LANG: In whose view would it really be though? CHAIRMAN GOEHRINGER: It's a precedent we started? MEMBER TORTORA: The house is about 83 feet? BOARD SECRETARY KOWALSKI: 83 feet, yes. CHAIRMAN GOEHRINGER: We will not allow anybody to do two things and that is go any closer to the property line than we think should be placed within a Page 33 - October �, 1999 Board of Appeals Hearings specific area, that's number 1, and, we never allow the closing up of two side yards if they have waterfront property. So in other words, if you were to attach it to the house on the side that was most open, we wouldn't allow that either. MR. LANG: You would not allow an attached garage. CHAIRMAN GOEHRINGER: We would not allow. MEMBER TORTORA: If it's clear. In fact that's an alternate site. CHAIRMAN GOEHRINGER: Well that is an alternate site possible but, I'm not big on closing up side yards. MEMBER DINIZIO: Well, we could still make the setback. MEMBER TORTORA: They've got 37 feet almost 38 feet on that side. What's the overall size of the garage? MR. LANG: I don't know. Dad had these plans made up. CHAIRMAN GOEHRINGER: I'll tell you in a second. MEMBER COLLINS: It looks like about 25 x 25 going very - CHAIRMAN GOEHRINGER: 24 X 24. MEMBER COLLINS: OK, that was close. CHAIRMAN GOEHRINGER: OK, so we'll start with Mr. Dinizio. Any questions of these people? MEMBER DINIZIO: Well, only, will you accept alternate relief if we find some other place to a, we all agree upon? It's definitely going to be a lot of give and take here because 5 feet is not something we grant believe me. MRS. LANG: All right, I'll take 10 feet but ( ) CHAIRMAN GOEHRINGER: No, we're looking more at 20. MEMBER TORTORA: Or we're looking at side yard. You do have a lot of room on the property to put at other places and that's what we're saying to you. MR. LANG: We'll have to do it in the center of that where you see that horse shoe. Page 34 - October i -t, 1999 Board of Appeals Hearings MRS. LANG: It's the cesspool. MR. LANG: There's a cesspool there that's not even marked there. MEMBER TORTORA: You know what would help because I don't want to box you into a corner and I would like to see where the cesspools are. CHAIRMAN GOEHRINGER: Yeah can you measure them out for us? Place them right on the survey and give us some distances and ( ) marks. MEMBER TORTORA: Mark how far, exactly how far the house is - MR. LANG: What do we need a survey again for this? CHAIRMAN GOEHRINGER: No, you can do it yourself. Find the cesspool and measure it and tell us approximately where it is on the property. BOARD SECRETARY KOWALSKI: Measure it from the house, the front of the house. MR. LANG: It's right by the garage. It's next to the garage. I mean I probably could show you. I mean exactly to the foot I won't know. It would be right in here. CHAIRMAN GOEHRINGER: Right, but that's not going to effect the movement of the garage this way. MR. LANG: But like mom was saying I guess because of the view of the bedroom she don't want to see a wall. BOARD SECRETARY KOWALSKI: You might be able to have about 25 feet between the garage and the bedroom wall if she moves it back because it's 83 feet to the road and the garage is 24. MR. LANG: Well this neighbor here just bought this house and he's the same neighbor here, she passed away. So this guy here across the street, what's his last name? MRS. LANG: Bob Korosky. MR. LANG: Korosky, he just bought the house next door. So there's there's only two neighbors. Page 35 -October i -t, 1999 Board of Appeals Hearings CHAIRMAN GOEHRINGER: All right, so what do you want us to do? Do you want us to do alternate relief or do you want us or do you want to come back with a different plan? MRS. LANG: What's an alternate plan? CHAIRMAN GOEHRINGER: What's an alternate plan? MRS. LANG: Yes. CHAIRMAN GOEHRINGER: It's any other place on the property. MRS. LANG: Oh, my goodness. MEMBER COLLINS: No, Mr. Chairman, Mrs. Lang was asking what you mean by alternate relief? What we're suggesting is, we negotiate among ourselves as you can see we have somewhat different views but we're all against a 5, nobody is going to give you a 5 foot setback and we come up with something that we get at least 3 votes and we're asking you if you're willing to let us sought of tell you that. You of course can say no under the circumstances and not do it. Or, do you want to go home and noodle this thing through and think about the concerns that the town has with keeping down clutter. That's the heart of the matter here and consider whether there's somewhere else on your property on the side or closer to the house where you can put it and come back and tell us. That's really the question. MRS. LANG: No, that's all right. MEMBER TORTORA: It's a big decision. You definitely would not consider the side yard. CHAIRMAN GOEHRINGER: Next to the house. MR. LANG: No, because the way the sun comes there it would totally block the whole entire house. MRS. LANG: No, ( ) Mrs. ( ), the second neighbor there, they put it out front because she's, you know her husband passed away some eight years shoveling the snow in the winter so you don't even care. It's quite a - MR. LANG: I mean it's the north side so you don't really, you know. MRS. LANG: You have to shovel quite a way and I mean we're not getting younger. Page 36 -October in, 1999 Board of Appeals Hearings CHAIRMAN GOEHRINGER: OK, we're just asking. Ms. Collins you asking a question? MEMBER COLLINS: No, I just wanted, I was afraid she wasn't following you. CHAIRMAN GOEHRINGER: Anybody else, question, question? All right so that's what we'll do. We'll grant alternate relief and we'll do the best we possibly can. MRS. LANG: Oh, OK, thank you. CHAIRMAN GOEHRINGER: We do appreciate your coming in and please be careful walking out. Is there anybody else would like to speak in favor of this application? Anybody like to speak against the application? Seeing no hands I'll make a motion closing hearing reserving decision until later. MEMBER COLLINS: Second. CHAIRMAN GOEHRINGER: All in favor? Motion carried. See Minutes for Resolution. 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 9, 1999 RE: Zoning Appeal No. 4748 - Erna Lang 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 4748 - Erna Lang. Also included are Applicant Transactional Disclosure Form, Z.B.A. Questionnaire, Notice Of Disapproval, application for Building Permit, copy of Survey and Plans. REASONS FOR AREA VARIANCE ONLY (to be completed by applicant): Do 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 neighborhood or a detrimenttonearby properties, if granted BECAUSE: 4e y a f (ah ke 4-4� I 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 :ILI w(( 11 lbe �D � O c A bj �r 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 5. Has the alleged difficulty been self-created? ( ) Yes. ( �) No. 6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) (Applicant) Agent must attach wr tten consent from owner. Sworn to before me this --31* day of a 19 9� MARY ANN CYBULSKI Notary Public. State of New York zxtl:c/fora.Var/temp Resi iingin Suffolk County ' APPLICANT f* TRANSACTIONAL DISCLOSURIN, - _ _RH The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers 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: Z-4 8 49 gE— NA (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): 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 this day f 199-7 Signature Print name • 0 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of th individuals (and entities) having subject premises and a description (Separate sheet may be attached.) �14A/a e owner(s) and any other a financial interest in the of their interests: B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {D�} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes 00 No D. 1. Are there any areas which contain wetland grasses? ` 2. Are the wetland areas shown on the map submitted wi this application? 00 3. Is the property bulkheaded between the wetlands area and the upland building area? 00 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? AM14 /11 E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 0 0 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads orfences which exist and are not shown on the survey map that you ar submitting? If none exist, please state"none." G. Do you have any construction taking place at this time concerning your premises? n 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? kJO If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel P -e -'s, ` DI e and proposed use a in eLva (3 — Authorized Signature agd Date 3/87, 10/90Ik t ZONING Town of Southold Bulk Schedule AA [Added 11-28-1995 by L.L- No. 23-1995; amended 7-22-1.997 by L.L. No. 22-19971 Lot Size (square Width Depth Date of Lot Creation feet) (feet) (feet) Prior to April 9, 1957 Any Any Any Between April 9, 1957, and (square Lot December 1, 1971 A Residential Zone 12,500 100 Any B and B-1 Business Zone 7,500 50 Any B-2 Business Zone 40,000 50 Any Multiple -Residence Zone 12,500 100 Any C Industrial Zone 12,500 100 Any Between December 2, 1971, 40 60 69,999 and June 30, 1983 A Residential Zone 40,000 135 175 M Light Multiple Residence 40,000 135 Any .� M-1 Multiple Residence 80,000 200 Any Zone B -Light Business Zone 20,000 60 Any B-1 General Business Zone 30,000 150 Any C -Light Industrial Zone 40,000 200 Any C-1 Heavy Industrial Zone 200,00 300 Any F § 160-244. Nonconfor lots. [Amended 11-28-1995 by L.L. No. 23• ] A. This section is intended to provide minimum standards for granting of a ,building permit for the principal buildings of lots which are recognized by the town under § 100-24, are nonconforming and have not merged pursuant to § 100-25. B. [Amended 3-4-1997 by L -L. No. 5-1997] Such lot shall be required to meet the followinb Area yard (square . Lot Front Side Both Sides Rear feet) coverage (feet) (feet) (feet) (feet) 200,000 to 5% 60 30 60 100 399,999 120,000 to 10% 60 30 60 85 199,999 80,000 to 20% 60 20 45 75 119,999 10144 6_1_97 § 100-244 ZONING § 100-25 Area Yard (square Lot Front Side Both Sides Rear feet) coverage (feet) (feet) (feet) (feet; 60,000 to 20% 55 20 45 75 79,999 40,000 to 20% 50 20 40 60 69,999 20,000 to 20% 40 16 35 50 39,999 Less than 20% 35 10 25 35 20,000 § 100-845. Repairs and maintenance. Notwithstanding any of the foregoing regulations, nothing this Article shall be deemed to prevent normal maintain and repair of any building or the carrying out upon the issum of a building permit of major , structural alterations demolitions necessary in the interest of public safety. § 100-246. L avoluntary moves. Sections 100-241A and B and § 100 -MA herein are I intended to apply to involuntary movements of uses structures as a result of condemnation actions or otl litigation. (11) Child care. [Added 11-12-1996 by L.L. No. 20-1996] 110032. Bulk, area and parking regulations. [Added � 93-1996 by L.L. No. 16-1996] No building or premises ill be used and no building or part thereof shall be erected or altered in the A -C, &80, 8.120, 8-200 and 8400 Districts unless the same coli£ rms to the Bulk Schedule and Parking Schedules ineorporatednto this chapter with the same force and effect as if such re tions were set forth herein ML s' 1100-U Accessory buildings. [Amended 4-10-1990 by L.L. No. 6-19901 In the Agricultural -Conservation District and Low -Density Residential R-80, Rr120, R-200 and 8-400 Districts, accessory 6 sdUw% Mosel Ifs a"& aobeda4 Y bad -dei at tie sad e[ dd. eLa-Mr. sect ar § 100-33 ZONING § 100-33 buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Setbacks. [Amended 7-17-1990 by L.L. No. 141990; 2-6-1991 by L.L. No. 2-19911 (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet fi-om any lot line. (2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (b) feet from any lot line. (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ten (10) feet from any lot line. (4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) feet from any lot line. C.s In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front -yard setback requirements as set forth by this Code. [Added 12-22.1992 by L.L, No. M19921 a Sd teesofN Former aubeeeUl C, eogardi-a peewn 1—d. was repealed 7.17•ION br"Ka 14-19M �� « �� NOTICE OF PUBLIC HEARING THURSDAY, OCTOBER 14, 1999 SOUTHOLD TOWN BOARD OF APPEALS 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): 6:40 p.m. Appl. No. 4748 - ERNA LANG. Based upon a Notice of Disapproval dated June 17, 1999, a Variance under Article III, Section 100-33C is requested with respect to the location of a proposed garage in a front yard location at 220 Oak Street, Cutchogue, NY; County Parcel No. 1000- 126-1-51. 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 22, 1999. SOUTHOLD TOWN BOARD OF APPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK A1c the Matter of the Application of Eo Aq (Names of Applicants) Parcel ID 01000- ------------------------------------------- x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS 2-10jain . I, q ul Vl' residing at 2 New York, being duly sworn, depose and say that: C,fcA , v,e /1 fl 3s On the day of 10-6 , 19qT, I personally mailed at the United States Post Office in C4C% O Q VQ_ , 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 (J) Assessors, or () County Real Property Office 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 before me this Qg 74kday of ��!>>� , 1911. --- I.IM®A r KOWALSKI !Votary Public, Stag of Nsw York �� _ No. 52-4524771 Qualified In Suffolk County 4_V(N_&ota Public) COMInission Ekpires Nov. 30 jf20O-o PLEASE list, on the back of this Affidai,it or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed, Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTROLMNEW YORK X In the Matter of the Application of /-- (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as t000-13�-1 ---------------------------------------X AFFIDAVIT OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) i� vi q L residing at 2224 D� h- 1, �.� , New York, being duly sworn, depose and say that: CU00 ve On the day of �c9 — (5— , 19`1q, I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was hown to be /D / (Signature) Sworn to before me this 7 day of (QCT , 14�. Ing. (Notary Public) LCMA f KOWALSKI Notary Public, State of New Y®rk No. 52-4524711 Qualified in Suffolk County ? Commission Expires Nov. 30,�g *near the entrance or driveway entrance of my property, as the area most visible to passersby. § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 68 NOTICE OF PUBLIC HEARING §58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street SOUTHOLD CODE § 58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed Lo the owners at the addresses listed rornha on the local assessment roil. The applicant or age nt (Ile an aMdarit that s/he has complied with this provision. OFFICE OF ZONING BOARD OFAPPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 September 22, 1999 Re: Chapter 58 — Public Notice for Thursday, October 14, 1999 Hearing Dear Applicants: 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 a copy of 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 10/7/99. 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 Aeb VoAiaxe, OF HEARING NOTICE�r �I 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: e fi,,. 0 N A FfN G DATE CF PUBLIC HEARING: Ts r • 1 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 (516) 765-1809 Z Zo o A K ST", G UTClfo C tt LU7