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4767
APPEALS BOARD MEMBERS O��gpFFO(,) co Gerard P. Goehringer, Chairman James Dinizio, Jr. y = Lydia A. Tortora 0 ^+ Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 18, 1999 Appl. No. 4767 - WILLIAM KELLER, SR. 1000-106-1-32 STREET & LOCATION: 1550 Sound Beach Drive, Mattituck DATE OF PUBLIC HEARING: November 18, 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 11,342 sq. ft. parcel improved with a single- family one-story dwelling with the existing deck and accessory shed structure. The lot is a waterfront lot and has a road frontage of 50.23 ft. along the north side of Sound Beach Drive and 229.52 ft. depth along the east side and 224.16 ft. along the west side. BASIS OF APPLICATION: Building Inspector's October 22, 1999 Notice of Disapproval disapproving applicant's request for a building permit for the reason that the deck is 34.8 feet from the bulkhead at its closest point. Article XXIII, Section 100-239.4B (eff. 5/1985) requires a 75 ft. setback. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for an "as built" open deck addition at the rear of existing dwelling which has existed for at least 30 years. 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. The "as built deck addition" has existed in its present location for at least 30 years with no adverse impact on the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an rea variance, because the house and deck were constructed prior to the Town Code's requirement that a structure be set back a minimum of 75 feet from a bulkhead. 3. The variance is not substantial and represents a 11.8 ft. reduction in the existing nonconforming bulkhead setback of the dwelling, which is 46.6 feet. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because during the past 20 years the beach area between the bulkhead and the high water mark has accreated at an annual rate of more than one foot per year, according to U.S.G.S. Studies. According to the July 12, 1999 survey submitted with this application, the distance of beach area between the bulkhead and the high water mark is at least 95 feet. This 95 -foot buffer zone is more than sufficient to preserve the intent of the code regulation, and to protect the environmental conditions of the area. 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 the existing deck, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. Page 2 - November 18, 1999 ZBA Appl. No. 4767 (Keller) Parcel 1000-106-1-32 at Mattituck RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for, SUBJECT m the CONDITION that the deck remain "open to the sky" (as built). VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora,-CoHins�Florning. This�Resolution was duly adopted (5-0) and approved for filing. GERARD P. GOEHRING15R, CHAIRM(X 4 RECEIVED AND FILED BY THE SOUTHCLD TO -""d-14' CLE: 3i DATE /i�2Z��r y I --CUR T3 aA�'d 'shalt be seasonal occupancy only to cottages on Lots Ni A, #5 and #Q the season to run from March 15th through November 15th (eight months); ,and (2) requesting. a ... a l,cnw or more than two (2) years or has been changed to a higher classification or to a conforming use; nothing in this Article to the contrary notwitbstanding; the aon�onform- /�� ' 8v. STATE OF NEW YORK) CO TY OF SUFFOLK))SSi t of Mattituck, in said county, being of sworn says that he/she is Principal clerk of THE SUFFOLK TIMES, s 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 j commenci__reeks successively, ng on the h of day /Principal Clerk Sworn to bef� e me thisOHN P.gq( .-heamt,&%Variattchs as�onr .bine SIN btjF OLK COUNTY `14 1999 Notice of Ihsappi•oQL (a)'N E IBES MAY 31 �OOo lnsufficten£ setback #tom -top oYthe V TOWN OF SOUTHOLD i, i t t Z{• 5 BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: October 22, 1999 To: Debra & William Keller 1550 Sound Beach Drive Mattituck, New York 11952 PLEASE TAKE NOTICE that your application dated August 12, 1999 For permit to Construct a new deck addition for an existing single famLy dwelling at Location of Property xo 550 Sound Beach Drive; Mattituck. Neewwrl ork 11952 County Tax Map No. District 1000 - Section 106 -, Block 01 - Lot 2 Subdivision: Captain Kidd Filed Map No., Lot No. Is returned herewith and disapproved on the following grounds: Under Article XXIII, Section 100-239.4B. Construction within seventy five (75') feet of a bulkhead is not permitted. The existing dwelling is forty six & six tenths (46.6') feet from the bulkhead at its The proposed deck addition is thirty four & eight tenths 34.8') feet from the bulkhead The proposed addition is eleven & eight tenths (11.8') feet closer to the bulkhead. P FORM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL: 765-1802 ......, 19... 19.--- Permit �40:. ........... _rW.CAta,: ulactFeAA..�I .Jp�y�,i9 asuilbing Inspector) PLICATION FOR BUILDING PERMIT INSTRUCTIONS BOARD OF HEALTH ............ 3 SETS OF PLANS ............... SURVEY ............... CHECK............... SEPTIC FORM ................... NOTIFY: p CALL .:: .' . MAIL TO::.�:% ���.✓M•: J ,Ij Ijf2 Date_ ...1.4 ..........9�i ia: must be co letely filled i^. Irl typ,2writer or in irlk ax+� s brnitte3 to the Building Inspector wii rate plot plan to scale. Fee according to schedule. wing location of lot and of buildings on premises, relationship to adjoining premises or public giving a detailed description oflayout of property must be drawn on the diagram which is part of gyred by this application may not be camienced before issuance of Building Permit. of this application, the Building Inspector will issue a Building Permit: to the applicant. Such m the premises available for inspection throughout the Work. Small be occupied or used in whole or in part for any purpose whatever until a Certificate of meen granted by the Building Inspector. IMWM to the Building Department for the issuance of a Building Permit pursuant to the :e of the Town of Southold, Suffolk County, New York, and other applicable laws, Ordinances or oustruction of buildings, additions or alterations, or for removal or demolition, as herein :ant agrees to comply with all applicable laws, ordinances, building code, housing code, and snit authorized inspectors on premises .and in.bu���nece9 .. yr ...i..s ....t (Si tore of appli t, or. name, if a corporation) ,SJO Sae✓10� i3�/ftr/ be v& (Mailing address of applicant) Ott is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder j................................................................................................... ;.sea ..i(9i1�IE(PRED. . PLOT DIAGRAM Iocate clearly and distinctly all buildings, whether existing or proposed, and indicateall st from property lines. Give street and block rubber or description according to deed, :and show :streei whethher interior or corner lot. See atsct(0 (�OROcy SIAIE or NiW AM SS ..................being duly sworn, deposes and says hath Fam of inlivid sal signing contract.) above.roned, lie is the ........ v .Gil. ll.i............._,,,.,.....,.,..,,,.......... ....,,:,............. . (Contractor, agent, corporate officer, etc.)_ of said owner or owners, and is duly authorized to perform or have performed the said work and to;I application; that, all statemnts contained in this application are true -to the best of his immled that the: work will be perfonned.in the manner set forth intheapplication filed therewith. Sworn ttoef re me this �.C5........... Notary PoblYr .1.UUU� . .. LYNDAM.BOHN, (Signature of App cant) T No 018 6tate of New 020M York bualified in Suffolk GourAy Term Expires March 8.20 1 FORM NO.1. TOWN of SOUT 4OLD ` BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y Examined .......! ° �......, 19.4 `d' Application No. �. 3 Z"...... 7 3c;,- Z_ Approved ........ ....... ........., 19 ......: PermitNo. ......................... Disapproved a/c // .... ..................... ...:' ......... ......n ............. --- .4. .1 L (Building Inspector APPLICATION FOR BUILDING PERMIT Date..... .................. Apri.1... 30..,.....,.......... 19... 155....: INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. 6. 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 must be drawn on the diagram which is pout of this application. c. The work covered by this applicationmaynot 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 permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shell have been granted by the Building Inspector. APPLICATIOAI-.IS-HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of t e-To'Wrraf-Southold,. Suffolk County, New York, and other applicable Laws, Ordinances or Rpgulctions, for the construction of buildings, additions or 6fferations, or for,cemoyal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code and regulations. - ... ........ ......... Sign re of opplicont, cr nom , a corporation) 5.Q.9...IaTavexl..y...Pv. xlu.e,...M�.d A.r4l.:..New„ York....... (Address of applicant) tote whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder- ................................... ........... uilder...............................,,:.......::................. Qw ae r................................................................................................... . ��me of owner of premises ..... AS .Agmea..Mazzani lapplicant is a corporate, signature of duly authorized officer. ; .............................................................. I........................ (Name end title of corporate officer) Location of land on which proposed work will be done. Mop No.:.1,67.2..Capt..Ki.dd.EItt Nd.,:`..B.4..R] Street and Number ....::8p-ach..Drive.,...Mattituck.,...New...Yark................. ....................... Municipolity State existing use and occupancy of premisesandintended use and occupancy of proposed construction: i a. Existing useandoccupancy .........Uacar.t... ot.... ........ ....................... b. Intended use and occupancy ........ arip-1amily.... dwell.in... g...................................... ......... ......... 3. Nature of work (check which a cable): New Building XXXXX..... Ade' n .................. Alteration .................. Repair .................. Removal .... Demolition .......... Other Work (Describe) ........................................ 1- 4. Estimated Cost .... 9 .. j.Cvc.+.c .................Fee .........$e$ `.... X41 .................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ......Que...............Number of dwelling units on each floor ............................ Ifgarage, number of cars..........................................-................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ................................ Depth .................... Height........................ Number of Stories ....... .......... ......................................... ................................ ....................... Dimensions of same structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................Number of Stories ................................ 8. Dimensions of entire new construction: Front......24......................... Rear ....,24.t................. Depth .4.0.'.............. , Height.................... Number of Stories ..............one.......................,........................................................................ 9. Size of lot: Front ......54! ................ Rear ....... SW- ..... ................ Depth .....158.:. ....... Patricia E. Thompson 10. Date of Purchase .Marcy,,,.,1965 ...........................Name of Former Owner Emma— .................... 11. Zone or use district in which premises are situated .........A.'.'...Dis,trict 12. Does proposed construction violate any zoning law, ordinance or regulation? ........................................................... 13. Name of Owner of premises J&A.•.Mazsoni............. Address..Medtoxd........................ Phone No..................... Name of Architect ...J.c%rrW. ........Address .......VAIV.-7AZ.%3!4J .: Phone No. .................... Name of Contractor . laz.i�.:..:..Nff.�f?!Y�..Address :?OF:�a.vEdZCy,(//f Phone No. J✓/cdfo�%O' . 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 indicate whether interior or g6rner lot 3 Ok i I -LL I �iwx=,LLiNv o rri v7 T r eo r'1 g 3 Ok i I -LL I �iwx=,LLiNv 0 I STATE OF NEW �ORK, l S s COUNTY OF...Stijlfolk. .1 ....... z... ......... (Name of individual signing application) being duly sworn, deposes and>says that he is the applicant abovenamed.sHe is the ...........owner ................ ........................................... ,...... .......... ..................................................... (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 fit( this application; that all statements contained in this application are true to the best of his knowledge and belief; ant that the work will be performed in the manner set forth in the application filed therewith. Sworn to k ,afore me this .... ... day of GC' 19 . ILES C Notaqoz P$JJC;. etero . w. ax ........... .. CountyA.- (signature of appii Residing in Suffolk County. Suffolk County Clerk's No. k2.7161400 Commission Expires March 30, 196b - o v7 r 0 I STATE OF NEW �ORK, l S s COUNTY OF...Stijlfolk. .1 ....... z... ......... (Name of individual signing application) being duly sworn, deposes and>says that he is the applicant abovenamed.sHe is the ...........owner ................ ........................................... ,...... .......... ..................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly Authorized to perform or have performed the said work and to make and fit( this application; that all statements contained in this application are true to the best of his knowledge and belief; ant that the work will be performed in the manner set forth in the application filed therewith. Sworn to k ,afore me this .... ... day of GC' 19 . ILES C Notaqoz P$JJC;. etero . w. ax ........... .. CountyA.- (signature of appii Residing in Suffolk County. Suffolk County Clerk's No. k2.7161400 Commission Expires March 30, 196b - Fu( 2 7 a, TOWN OF SOUTHOLD, NEV( 1Qft APPEAL FROM DECISION OF-BUILDING INSPECTOR A PEAL PIO. 44767 QQ ti DATE 25:....1........ '1'0 T1 IE^ZONING .BOARD OF APPEALS, TOWN OF SOUTHOLD,. N. Y. I, (We) (��pr4rt�i)I�tA'.'.:.1�4�ER .......: .of I �S© Saund..pifQ...3tstf;.............. Name of Appellant Street and Number t . MunidpaHty ................................... ......... ........... ..l ..HEREBY APPEAL TO State fTHE 'ZONING BOARD OF APPEALS FROM TI IE DECISION OF TI•IE .BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO..................................... .DATED ....................................................... WHEREBY TI-18 86ILDING INSPE�CT}OjR� DENIEDT'O Name of Applicant for permit n/i j of .. oVJifL 'ls lt'�'�IT(Af �. Street and Number Municipality State ( ) PERMIT TO USE (') PERMIT FOR OCCUPANCY { r ' 1. LOCATION OF THE PROPERTY !.$ 59t M!A � rel( �'�} Street /� het Dlstrtct' on Zoniinng Mop District 1000 SectioniO Block4 _Lot1� Current Owner. F�f ru3r � a*^ I ESI Id, Mop No.. .. Lot No....... t ( �y Prior Ottner, QgIlves M�zLOIv', hs § 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub ' 1 section and Paragraph of the Zoning Ordinance by number. Do not gpote the Ordinance.) t hrticleX&I( Section ;im--25% Li (� 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( 1�) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons, Lows Art, 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous -appeal (has) (has noH been Mode with respect to this decision of the Building Inspector or with respect to this property. f Such oppeolVwas ( );request for a spacial permit k ( ) request for a variance Fand wos made in Appeal No.......... a......................Doted.............................r.................................. I REASON FOR APPEAL ( ) Variance to Section 280A Subsection, 3 ( Y A Variance to the Zoning Ordinance Is requested for the reason that Form Znt (Continue on other side) VARIANCE QNLY to be com feted a L1`a"` . REASONS FOR AREA for use variance" or "special Do not use these standards- with signatures-) exception." Also attach sheets if necessary, 1, An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted_ BECAUSE: 2. The benefit sought by the applicant CANNOT be achieved by some ursue, other than an area method, feasible,for the ,applicant to p variance BECAUSE: 'I) `�� �� (AW, 3. The amount of relief requested is. not* substantial BECAUSE' 4. The variance will NOT 'have an adverse elect or impact on the conditions in the neighborhood or district physical or environmental BECAUSE Ci bo 5. Has the alleged difficulty been self-created? ( ) Yes. (�) No. 6. This is minimum that is necessary and adequate, and at the same time s the minimaand protect the character of the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) Agent must atzaca wLj-t en consent from owner. Sworn to before me this day of 0�%��e�. z sxx:xx====x=xxx:xx= :X't1:C{ fOt•.11. var!"I.mp R REMARKS Toto l RECORD CAM h Qni., P/L+i /v"'" Uv1. Foundation —_ Basement Ce'.ew I � Bath Floors :xtension , 0116Qa/1119h :xtenSion at. Walls Interior Finish ry :xtension Fire Place Hoot Attic /s Porch — Rooms 1st Floor --------. Rooms 2nd Floor' 3reezeway -- — Patio Driveway ;arage _ — -- _K M U MSI' OF CAPTAIN BLOCK IDDz ESTATES / FILE No. 1672 FILED JANUARY 19, 1949 SITUATED AT �ti�oo s MATTITUCK TOWN OF SOUTHOLD tp� PQe 4� X60 SUFFOLK COUNTY, NEW YORK 0, S.C. TAX --No. 1000-106-01-32 O,, SCALE 1 "=20' F JULY 12, 1999 AREA = 11,341.71 sq. ft. 0.260 ac. "deo 00, oo,, o 3 3,0 OcP� i' l Q°�G•E ., ,(\Ivry° V'Q`�.. n yo 9 ° qct sy, q O i G2n;C00, + \� \\. Gid" •��.s Ql•�, 4. ti. 67' • LO 0 �%'NM •�O t 1�0��• E TTIFIED T0: COMMONWEALTH LAND TITLE INSURANCE COMPANY 'erg• ; < TITLE No. 99 -AS -18133 NORTH FORK BANK bQ WILLIAM KELLER DEBRA KELLER [ZED ALTERATION OR. ADDITION SURVEY IS A VIOLATIONS OF PREPARED iN ACCORDANCE WITH THE. MINIMUM p Lwi LA OF THE NEW YORK STATE STANDARDS FOR TITLE SURVEYS AS ESTABLISHED Joseph. A. Ingi ��0 N �`W BY THE LIALS. AND APPROVED AND ADOPTED F THIS SURVEY MAP NOT BEARING FOR SUCH USE BY E NEW YORK STATE LAND. �, > SURVEYOR'S 77KED. SEAL. OR a D SEAL smALL Nor BE CONSIDERED L VALID TRUE: COPY. TONS INDICATED HEREON SHALL RUN `V7C/oy�Pt{ A. t THE PERSON FOR WHOM THE SURVEY ' Rte, PND ON HIS BEHALF TO THEAN wI 2 Title Surveys SubdiwsionsS — Site Plans — 'Con'stn,,.p,,.,n uyout'� t9'.ANY, GOVERNME7fiHE AGENCY AND 4. :D Ys • - „ . ., If1$TiRiRON LISTED HEREON, AND 'JNEES OF THE LENDING tWn- t 37: .. 4 + :ERTIFTCAAONS ARE NOT rnViSFERABLE:. ftt • PttoNi� (St6)72%-logo Fi 11 A7c ; STEM& QF' RIGHTS OF WAY ATF' O 6 OFFICES LOWED'. -AT, EASEMENTS OF RECORD, IF OF EYJ� One Union Square P. Box T9�1' IT 514OWN ARE NOT GUARANTEED. N.Y.S. Lie. No. 49668 Aquebogue. New York 11931 Riverhead New ,York�kt9Ot SOIL AND WATER CONSERVATION DISTRICT FAX:(631)727-3160 COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE Gerard P. Goehringer, Chairman ' m 1999 Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 je November 30, 1999 Dear Mr. Goehringer: Thomas J. McMahon DISTRICT MANAGER (631)727-2315 We have completed a site inspection of the tax parcel known as the 'William Keller' property located at 1550 Sound Beach Drive in Mattituck, Suffolk County Tax Parcel number 1000-106-1-32, your file number 4767. It appears that the deck has been in existence for some number of years. The house has gutters and leaders that exit onto the ground surface. At this time, there is no evidence of erosion caused by the roof surface water runoff or the deck surface water runoff. Along the beachfront there is an existing stand of beachgrass in good condition. No problems were evident at this time. If you need any further assistance, please contact us again. Sincerely, P"'L 6. �L4J -- Paul TeNyenhuis, Senior Technician RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE November 26, 1999 STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING 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) Russo, Kathryn Keller, Debra & William GGN:cc G:ICCHORNYIZON ING(ZON I NG\WORKINGILDS1NOV1SD4652. NOV 4752 4767 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner LOCATION MAILING ADDRESS H'LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044 �o�oSUFFac,��oG o ti� co _ �%;564,- 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 Ccnmission: X Variance from the Zoning Code, Article XXIII Section 100-239 AB Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4767 Applicanj Debra & William Keller Location of Affected Land: 1550 Second Beach Dr., Mattituck,NY County Tax Map Item No.: 1000- 106-01-32 Within 500 feet of: X *Town or Village Boundary Line 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 Deck.addition, Bulkhead & sideyard setbacks. Copies of Town file and related documents enclosed for your review. Dated: VILA 'dei I9Fl November 19, 1999 Mr. and Mrs. William Keller, Sr. 1550 Sound Beach Drive Mattituck, NY 11952 Re: Variance Appl. No. 4767 - Deck Addition Dear Mr. and Mrs. Keller: Enclosed please find a copy of the Board's November 18, 1999 determination in the above matter. Please be sure to follow-up with the Building Department regarding issuing of a Certificate of Occupancy (765-1802). We have furnished a copy of this decision to the Building Department as an update to their file regarding the Notice of Disapproval and for their permanent record. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department Decision filed 11/19 r I - HOUSE MST— UUMV UIA01% Ma' T D EC Ic -2 XS -Cc /q. i^ �--7~Fm���-----' _^-__'---. i L wl -r --- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Gym+ co 2 BOARD OF APPEALS TOWN OF SOUTHOLD November 15, 1999 Suffolk County Soil & Water Conservation District County Center - 2nd FI. Room N-210 Riverhead, NY 11901-2100 Re: Our File No. 4767 - William Keller (Existing Deck) Gentlemen: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 We have an application regarding an existing deck located at the north side of applicant's dwelling. Applicant states that the deck has existed for about 20 years. We enclose copies of the sketch, survey and County Map of the area. May I have your recommendations for an evaluation of this property. Thank you for all your assistance. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosures 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: October 27, 1999 RE: Zoning Appeal No. 4767 - William & Debra Keller 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 4767 - William & Debra Keller. Also included are Z.B.A. Questionnaire, Notice of Disapproval, Application For Building Permit, copy of Survey and sketches of Plans. The Town of Sc—hold's Code of Ethics r�,—bits conflicts interest on the part- of town off vers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and alio it to take whatever action is necessary to avoid same. YOUR NAME: r 3--f Uj i NVIA��- (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 Y Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) 4S 1, Aoi c--6 Gni ��2%r®� Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship vith 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, ill 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)j 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 of 199Q Signature Print name 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.) , ((rw_K1 _11-- K G� LCOi_. e owner(s) and any other financial interest in the of their interests: fill Kk B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( } Yes ( Z) No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? ( } Yes (-� 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? 4. If your property contains wetlands or pond areas, have you Contac ted the Office of the Town Trus Cees for ii_s 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? " tl �iIf none exist, please state "none." G. Do you have any construction takangplace at this time concerning your premises? `� tz—f yes, please submit a copy bf 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? JAD If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted parcel Mi j f proposed use � 3/87, 10/90Ik at this and U dated 44�— �•' Cl�.r FOR BOARD AND STAFF USE New Information ZONING BOARD OF APPEALS TOWN OF SOUT.HOLMNEW YORK ----------------------------------------- x rr, the Matter of the Application of \\kVg\ C--0RW K� (Names of Applicants) `Z---Parcel ID #1000- 106 - ®i - 32- --------------- COUNTY ------------ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS residing at t S-10 sUk--�d 1 M e#, -A, (L( , New York, being duly sworn, depose and say that: On the 44ti day of Nf, auelw brf, 19 9q , I personally mailed at the United States Post Office in Mec)-PO R d , 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 (-v4 Assessors, or ( ) County Real Property Office S o U kW l cel i OLu n , 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 LINDA M. SCHULER da of /1%✓���e�►/ , 19 y 9 Notary Public State of New York SNo. 01SC5088921 Qualified in Suffolk n Nota Public)Commission Expires 12-I 79 PLEASE list, on the back of this Afftdai,it or on a sheet of paper, the lot numbers next to the owner nantes and addresses for which notices ivere,mailed. Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -------------------------------------------- x In the Matter of the Application of I � AFF[DAVIT %A -m I,-"bQP)12PC dke-p, OF (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 10 G- 0 9- 3 2- --------- -- — ---------------------- x . -------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) Q /� residin at li--I�i J14 C , New York, being duly sworn, depose and say that: On the q l-� day of Ooaem6, , 19 , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be (Signature) Sworn to b fore me this day of / )V. , 19 . (Notary Public) LINDA M. SCHULER Notary Public State of New York No. 01SC5088921 Qualified in Suffolk �buntyy Commission Expires *near the entrance or driveway entrance of my property, as the area most visible to passersby. NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 18, 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, New York 11971, on THURSDAY, NOVEMBER 18, 1999 at the time noted below (or as soon thereafter is possible): 8:20 p.m. Appl. No. 4767 - WILLIAM KELLER, SR. This is a request for Variances under Article III, Section 100-239.6 and Article XXIV, Section 100-2446, for approval of existing rear yard deck addition located at less than 75 feet from a bulkhead, and with total side yards at less than 25 feet. Location of Property: 1550 Sound Beach Drive, Mattituck, NY; Parcel No. 1000-106-01-32. The Board of Appeals will at same time and place hear all persons or their representative desiring to be heard in the above application 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: October 29, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 Mr. and Mrs. lliam Keller 1550 Sound Beach Drive 1 Mattituck, NY 11952 BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 ■ Deborah Doty, Esq. P.O. Box 1181 1 Cutchogue, NY 11935 BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 ■ Harvey A. Arnoff, Esq. 206 Roanoke Ave. 1 P.O. Box 329 Riverhead, NY 11901-2794 BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 ■ Mr. Vincent Torre 177 Sound Ave. 1 Mattituck, NY 11952 BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 ■ Patricia C. Moore, Esq. 51020 Main Road 1 Southold, NY 11971 BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Mr. and Mrs. Edward Wetzel 90 Nassau Road Massapequa, NY 11758-7509 OFFICE OF ZONING BOARD OFAPPEALS 53095 Main Road Southold, NY 11971 (631 eff 11/1) 765-1809 fax (631) 765-9064 October 29, 1999 Re: Chapter 58 — Public Notice for Thurs., November 18, 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 11/11/99. 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 l ST I NZeCK15eT8ACKL002710A/ NOTICE OF HEARING �x t 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: W(LLI)kR KELLUk, SRO DATE OF PUBLIC HEARING: g� ZO P.m• NoV. 16, tc/9�% S 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 VWANC,C%5 ($(ILOMAh t-!5iJe -,4d&1)