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3Z 11713 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 28, 1999 Appl. No. 4713 - F. and L. MARKHAM 1000-104-5-37 STREET & LOCALITY: 875 Mason Drive, Cutchogue DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 16,517 sq. ft. in area with 90.43 ft. frontage along the northerly side of Mason Drive, Cutchogue. The lot is improved with a single-family, one-story house shown on the March 12, 1999 plan prepared by John E. Stumpf, R.A. P.C. with a front yard setback at 39.6 ft. at its closest point, side yards at 8 ft. and 17 feet, and rear yard at 96.8 feet. BASIS OF APPLICATION: Building Department's April 5, 1999 Notice of Disapproval citing Article XXIV, Section 100-244 of the Zoning Code with respect to a proposed reduction in the side yard from 8 ft. to 7.25 feet, and combined side yards at 24.25 ft. reduced from 25 feet. The Code requirement is 10 ft. for one side and a combined total of 25 feet. AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance of nine inches (.75 ft.) from the present 8 ft. setback of the dwelling, for a proposed addition at the southeast corner of the dwelling. (No other areas are noted in the April 5, 1999 Notice of Disapproval.) REASONS FOR BOARD ACTION. DESCRIBED BELOW: The Zoning Board held a public hearing on this matter on July 22, 1999, at which time written and oral testimony was presented. Based upon all testimony, documentation and other evidence, the Zoning Board of Appeals determines the following findings of fact to be true and relevant: 1. Grant of a 9 -inch setback variance to allow for construction of a 15 ft. 3 inch by 8 ft. 3 inch addition will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The addition will square off the southeast front corner of the house, improve its appearance, and enhance the property. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the addition adheres to the existing footprint of the house and only a small section of the addition -- nine inches -- 'W1 . , . Page 2 - July 28, 1999 ZBA Appl. No. 4713 - F. and L. Markham Parcel 1000-104-5-37 at Cutchogue will encroach into the conforming setback. 3. The requested area variance is not substantial and represents a 9 -inch decrease in the code -required setbacks. 4. The difficulty has not been self created and is due to an approximately one -foot differential between the front yard setback of the southeast line of the house where the addition is proposed and to the remainder of the house. 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 addition will improved the appearance of the house with no ill effects on the environment. 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 addition, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED (4-0). (Member Horning of Fishers Island was absent.) L JAM DINIZIO,JR. CH RMAN PRO TEM For Filing about 8/5/99 RECEIVED AND FILED BY THE SOUT OLD TOWN CLERK DATE 5'/S/9gHOUR9%�S�.9.41 Town Clerk, Town of. Scutt olri t OPM-N �14ons EI Y �p ahold N�ia6ilfe" - 'TATE OF NEW YORK) )SS: OF SUFFOLK) ;O I (' S of Mattituck, in said aunty, being duly sworn says that e is he/she "nciPal clerk of, TFIE a eeMSUFFOLKT&MS Y newspaper, published at Mattituck, in ate of New York, an e Town of Southold, County of Suffolk and d that the Notice of which YI annexed is a Printed coPY, has been regu. Published in said New ek for I spaper once each nme ci— — _weeks Y9 On the(Sgccessively, 19 aaY 0n ..1 Yr In, worn to before me this: !o of C MARY OIAuTA FOS' 9;, ROTAARY�Bttc ex,Eo: ONNO 52-4&55242 SJFfOL ._, O` ,aSS7JP u{p RES AM 42. nr�w its `}di°BRIf..7ois: .By''L`mdS�'JCowalsf'-� 1764-ITJyi 6R'�r ,t� 3��+ rFUNEI 9t�c 3 ;r.ahOn'�9A,.`�2Cy"in getp,ai ""psfiaiuh� rze4uesf%r aumberyaN �;o� StrigrtAwn 2s r � o -Z'�% "'0'lbIImg A"Uphr£a. I eYTa�!pnp�Afo=bu gnuse i�beknp F S.aix?;Ww.fmore �9r ,ekew �..�e �22U'toc'�a'4Spea37`'":`x"�oufU er 5whon . tbinnne'iese:�"'gDfhsnain',. TOWN OF SOUTHOLD I — S 99 BUILDING DEPARTMENT (� TOWN CLERK'S OFFICE is SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: April 5, 1999 To: Linda Duffy Markham 875 Mason Drive Cutchdgue, New York 11935 PLEASE TAKE NOTICE that your application dated March 15 . 1999 For permit to Construct an addition for an existing single family dwelling at Location of Property &5,o. Mason Cutcho ue New York 11935 County Tax Map No. District 1000- Section 104 - Block 5 Lot 37 Subdivision: Filed Map No. Lot No. Is returned herewith and disapproved on the following grounds: Under Article XXIV, Section 100-244.. Nonconforming Lots. Lots with areas less than 20,000 square feet shall have a minimum side yard of ten 10') feet and a combined side yard of twenty five (25) feet. The existing easterly side vard is indicated as eight 8') feet. The proposed side yard is seven and one quarter (7.25') feet. The existing combined side yard is indicated as twen five (25') feet. The proposed combined side yard is twenty four and one quarter (24.25') feet. l �ILtUW T- FORM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL: 765.1802 sxamincd ................. 19 ... Received ........... 1 9 . 1pproved ._. ............... 19 ... Permit No......... _ . . Nsapproved a/c !117P , l Mbiweo , S,Oe Yt3;r?O ... % (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................... 19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with :ts of plans, accurate plot plan to scale. Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public street: r areas, and ,giving a detailed description of layout of property must be drawn on the diagram which is part of this appli ation. 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 issued a Building Permit to the applicant. Such permi call be kept on the premises available for inspection fl rougliout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupanc} call have been granted by the Building Inspector. 1. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to tlu uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances o: .egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described he applicant agrees to comply with all applicable laws, ordinance's, building code, housing code, and regulations, and tc Smit authorized inspectors on premises and in building for necessary inspectionsJ AI G :.................. (Signature of applicant, or name), if a corporation) ky (Mailing address of applicant) Z2 tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ....... *-e4t/:(.c Y ............ .........................I..... lame of owner of premises r� �Ylr.[(...�.. Lihal. <t...(1'IFf/./.Cl1, Rm. ...................... (as on the tax roll or latest deed) fapplicaut is a corporation, signature of duly authorized of'f'icer. ........................I......... (Name and title of corporate officer) Builder's License No. .: . Q 0 .............. . . Plumber's License No. ............... . Electrician's Lic e No. r .............. . Otl erTrades L. No. ............... Location of land on which proposed work will be done . ................................................ . 875 .......'.M so, .�........:..... , .... G� K.,A..0. .................. House Number Street Hamlet County Tax Map No. 1000 Section............ �Q- .......... Block ...J� ............. Lot ............ Subdivision ..................................... Filed Map No. .............. Lot .............. . (Name) ?. State existing use .d occupancy of premises and intended use Occupancy of construction: a. Existing use and occupancy ....5�5 C3."... j6F.V0 /lJand / .... pproposed !I 'fir'Y9.4p.Ls' ..............:... . b. Intended use ail,' occupancy !? l.n �.�....� / , rYl.l. /:Y..... S,/r 4 rw.0—.r ............. 3. 'Nature of work (check which applicable)': New Building .......... Addition .. / .... Alteration Repair .............. Removal .............. Demolition .............. Other Work..'...-........ . (Description) 4. Estimated Cost . �. . �j. O Opp Q (%............... Fee .......... • ........ .............. . (to be paid on filing this application) 5. If dwelling, number of dwelling units .... !' .......... Number of dwelling units on each floor . t /./A....... . Ifgarage, number of cars .... f,................................................................. 6. If business, commercial or mixed 'occupancy, specify naturp and extent of each ty}2e of use . ; / elf............ . 7. Dimensions of existing structures; if any: Front ..:4: 3 . k 7t.. Rear .� 3. * ?. • • • • Depth ... Height $ J,57.40:1 ..... Number of Stories ..... I .......... • Dimensio/ns� �of same s ructure with alterations or additions: Front ..�' . (^i ........ Rear ..4 ,3 .T: i....... . Depth ..T�/ i ..4 -.,?t ....... Height .:' .�.5... .......... Number of Stories .... I ............... . 8• Dimensions of entire new construction: Front ............... Rear ............... Depth .............. Height ....... Number of Stories .................... ................................. 9. Size of lot: Front ..9o�. ! .3... �?�...... Rear ..qj . P..... �t ..... Depth .......... 10. Date of Purchase ............................. Name of Former Owner .......... .......... . 11. Zone or use district in which premises are situated .. P-.40.. . ................................... . 12. Does proposed construction violate any zoning law, ordinance or regulation: . 1J.0 • . • • . • • • • • • 13. Will lot be regraded .../V O Will excess fill be emoqved from premises. Yes 14. Name of Owner of premisesFfe,�,; i !,.' M fkh?address 4'3.. 4t!d ? 006r<.&Phone No.$.O. . $b9 4..99 Name of Architect Boole ka, t'k% lY.ovf ......... Address 2357 .Uri.*5g v. RkaL Phone No. ¢-M . Pp!�• Name ofContractor................... Address ................... Phone No.............. . PLOT DIAGRAM Ucate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions fron property bites: Give street and block number or description according to deed,and show street names and indicate whethe' interior or corner lot. ° TATE OF NEW YORK, S.S 'O{U�NTY OFl�................. .J`.O, bZYT , , . l,n. e�. ? .:-:13w•%Pyrzv • •4/oV- being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) bove named. ,1 eistile ....... .:':...................../7/?r E/1. ................................................... (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 that the 'ork will be performed in the manner set forth in the application filed therewith. worn to before me this , „ 'otary Public, ... NOTARY F Overt t k�......... , 19 . ................ County JF .. ..........I ............... i°st�W Y0 j s � (Signature of applicant) au county �G g e� IS JUN 7 1999 Town Cleric Soutnuld TOWN OF SOUTIiOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ?/3 DATE.............................. TO TI IE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) trr11 d'.4... Qv#I�....moxdmm.......of /i✓M6i50 .. A Name of Appellant Street and Number .......................... ......... .................. ....& .........HEREBY APPEAL TO Municipality State TIME 'ZONING BOARD OF APPEALS FROM TI IE DECISION: OF 'n -le BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. 5 ;A74 ........... DATED .....f/Y�1.../ ........................... WHEREBY THE BUILDING INSPECTOR DENIED TO Nome o Applicant for permit of 8 .... ...I�°%5aiid ...a ...... ...... .,r. �` `.1r.' ........... Street and Number Munic polity State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY .9/. ....I.� lk7;2®re At/ oe ... » � v Street /f�amye % Use District' on Zoning Mop District 1000 Sec.tionJ04 Block 5 Lot3'. Current Owner G>h�� ,- ii1�r/rh-cw4 .......... __.. _.._. »...�_ » .._.. _»,.....».. Mop No. Lot No. prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quole the Ordinance.) Article)(XIIA Section 7/7 f 4� 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) 400) A VARIANCE to the. Zoning Ordinance or Zoning Mop ( ) A VARIANCE 'due ,to lock of access (State of New York Town Low Chop, 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL /A previous 'appeal (hos) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeol was ( ) request for o special permit ( ) request for a variance and was mode in Appeal No .................................Dated.............................,........................................ REASON FOR APPEAL A Voriance fo- Section -280A Subsection 3... ( ) A Variance to the Zoning Ordinance is requested for the reason that Fonn zttl (Continue on other side) n - � 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 detriment to nearby properties, if granted, BECAUSE: pp cirsv Nor./iIBJ 6f7�/�e�ero 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: �X]S�iYI 9. /o4 Gr�tio4J o� �Yi`veY'i%�� /�Gd��' ��si•"- G�/ow ✓5 ' 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 1'h� �/e� is rzs�n eve o PoApn we 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) Sworn to before me this Agent must attach written consenL- uvut V. X._ day of N gry F=iic - C1ca�� � z]1_R�e� '"1 OF SOUTHOLD pk(_)PIEk X 'r K-cv4wr 1Kw %.Pk*&o TOV► VILLAGE DIST. SUB. LOT OWNER STREET fa U e e rc�,'be� ,'n, 4,M a� Af at ,�� FORMER OWNER N F A KQ'- E / %%,CF-o 1-v ACR. Aj�d �e J4 $ W , S: W TYPE OF BUILDING OW ell o � RES.a /0 SEAS. VL. FARM COMM. CB. MISC. Mkt. Value / TOTAL DATE REMARKS " LAND IMP. O goo'o0 33Qo T2y:66 ���<.s,� o. ..,. �h��{�, ���v,� — N� Q, o 0��©a i-- &6:770-Z-ll© _,—Mgrkhcrm ---- - II AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre — Tillable 1 Tillable 2- – Woodland , .. FRONTAGE ON WATER swdrrrpland._ t .,.. r. , FRONTAGE ON ROADQ Brs§Mande . 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MON' ` .. • OE RNE fENCE • S� lav\ a. i T9� P 1 ' 1 0/F KI �tLFY E so OESKI fpuN p1PE sT4 sQK �O.OQt 1RpN _ SANDRA l� p.5'S• p � W F E D • JR. + O B WOG 0/ GERALD N, 5 �6 O mac£ 1 p tOTHY FITZ p"uSpD 1 CP co ffI+CE ` P: 0 �'S' 01•w SCE 0.7"N• 1 Z I 1 03 1 Z 1 O O C/1 r �xz. 1 C') C' 00 r pD rE EpG�NG �` co b s s( Wp00 9.5;.. Gµh�L � n E Voluk 00 ,7.0' ,22 '' Np\i5� * 9i5' .`53• o 78 Np�SE N • O Li ,2.3• 03 o Gapes //� B .a 1 \ 9 CONC n ,� G 03 c, a 68 00, •'a Of PP��.• , '',, .' �1v . • � 1 , P', FOL RD MEMBERS ehringer, Chairman es Dinizio, Jr. dia A. Tortora Lora S. Collins George Horning „- P', FOL C BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 28, 1999 Appl. No. 4713 - F. and L. MARKHAM 1000-104-5-37 STREET & LOCALITY: 875 Mason.Drive, Cutchogue DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O.. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 16,517 sq. ft. in area with 90.43 ft. frontage along the northerly side of Mason Drive, Cutchogue. The lot is improved with a single-family, one-story house shown on the March 12, 1999 plan prepared by John E. Stumpf, R.A. P.C. with a front yard setback at 39.6 ft. at its closest point, side yards at 8 ft. and 17 feet, and rear yard at 96.8 feet. BASIS OF APPLICATION: Building Department's' April 5, 1999 Notice of Disapproval citing Article XXIV, Section 100'-244 of the Zoning Code with respect to a proposed reduction in the side yard- from ardfrom 8 ft. to 7.25 feet, and combined side yards at 24.25 ft. reduced from 25 feet. Thee requirement is 10 ft. for one side and a combined total of 25 feet. AREA VARIANCE .RELIEF REQUESTED: Applicants request a Variance of nine inches (.75 ft.) from the present 8 ft. setback of the dwelling, for a proposed addition at the southeast comer of the dwelling. (No other areas are noted in the April 5, 1999 Notice of Disapproval.) REASONS FOR BOARD ACTION DESCRIBED BELOW: The Zoning Board held a public hearing on this matter on July 22, 1999, at which time written and oral testimony was presented. Based upon all testimony, documentation and other evidence, the Zoning Board of Appeals determines the following findings of fact to be true and relevant: 1. Grant of a 9 -inch setback variance to;allow for construction of a 15 ft. 3 inch by 8 ft. 3 inch addition will. -not produce an undesirable 'change in the character of the neighborhood or a detriment to nearby properties. The addition will square off the southeast front comer of the house, improve, its appearance, and enhance the property. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the addition adheres to the existing footprint of the. house and only a small section of the addition -- nine Inches -- Page 2 -July 28, 1999 ZBA Appl. No. 4713 - F. and L. Markham Parcel 1000-104-5-37 at Cutchogue will encroach into the conforming setback. 3. The requested area variance is not substantial and represents a 9 -inch decrease in code -required setbacks. 4. The difficulty has not been self created and is due to an approximately one -foot differential between the front yard setback of the southeast line of the house where the addition is proposed and to the remainder of the house. 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 addition will improved the appearance of the house with no ill effects on.the environment. In considering this application, the Board deems this action to be the minimum necessary and new adequate to enable the haracter of nein to enjoy the hborhood andbenefit of thhe health! safety,welfare of the community.ddition, while rand protecting the c 9 RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED (4-0). (Member Horning of Fishers Island was absent.) JAM DINIZIO, JR. iC CH RMAN PRO TEM For Filing about 8/5/99 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning SUf FO(,(C Gy1 0 CIO 2 W � y�ol �ao� BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 281 1999 Appl, No. 4713 - F. and L. MARKHAM 1000-104-5-37 STREET & LOCALITY: 875 Mason Drive, Cutchogue DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 16,517 sq. ft. in area with 90.43 ft. frontage along the northerly side of Mason Drive, Cutchogue. The lot is improved with a single-family, one-story house shown on the March 12, 1999 plan prepared by John E. Stumpf, R.A. P.C. with a front yard setback at 39.6 ft. at its closest point, side yards at 8 ft. and 17 feet, and rear yard at 96.8 feet. BASIS OF APPLICATION: Building Department's' April 5; 1999 Notice of Disapproval citing Article XXIV, Section 100-244 of the Zoning Code with. respect to a proposed. reduction in the side yard from 8 ft. to 7.25 feet, and combined side yards at 24.25 ft. reduced from 25 .feet. The Code requirement is 10 ft: for one side and a combined total of 25 feet. AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance of nine inches (.75 ft.) from the present 8 ft. setback of the dwelling, for a proposed addition at the southeast corner of the dwelling. (No other areas are noted in the April 5, 1999 Notice of Disapproval.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: The Zoning Board held a public hearing on this matter on July 22, 1999, at which time written and oral testimony was presented. Based upon all testimony, documentation and other evidence, the Zoning Board of Appeals determines the following findings of fact to be true and relevant: 1. Grant of a 9-inch<setback-.variance to allow for construction of a 15 ft. 3 inch by 8 ft. 3 inch addition will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The addition will square off the southeast front comer of the house, improve its appearance, and enhance the property. 2. The benefit sought by applicant, cannot be achieved by some method, feasible for appellant to pursue, other than an area. variance because the addition adheres to the existing footprint of the house and only a small section of the addition -- nine inches -- Page 2 - July 28, 1999 ZBA Appl. No. 4713 - F. and L. Markham Parcel 1000-104-5-37 at Cutchogue will encroach into the conforming setback. 3. The requested area variance is not substantial and represents a 9 -inch decrease in the code -required setbacks. 4. The difficulty has not been self created and is due to an approximately one -foot differential between the front yard setback of the southeast line of the house where the addition is proposed and to the remainder of the house. 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 addition will improved the appearance of the house with no ill effects on the environment. 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 addition, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED (4-0). (Member Horning of Fishers Island was absent.) JAM DINIZIO, JR. CHAIRMAN PRO TEM For Filing about 8/5/99 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 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971' Fax (516) 765-6145 ' Telephone (516) 765-1800 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: ELIZABETH A. NEVILLE, SOUTHOLD TOWN CLERK RE: ZONING APPEAL APPLICATION #4713 DATED: June 8, 1999 Transmitted is an application of Linda Duffy Mackham and Frederic Markham together with Southold Town Building Department Notice of Disapproval and Building Permit Application, copy of property card, copy of survey with proposed project, tax map with the property location indicated, Questionnaire for filing with ZBA application, Transactional Disclosure Form, Survey of property situated near Nassau Point, blueprints of additions and alterations of the Markham residence. Elizabeth A. Neville Southold Town Clerk ` COUNTY OF SUFFO.Lr� 7 Nm AW z ,n ROBERT J. GAFFNEY SUFFOLK COUNTY EXECU11VE DEPARTMENT OF PLANNING August 18, 1999 Town of Southold Zoning Board of Appeals 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) Rushin (Patricia) & Motley (Pamela) 4662 Friedman, Stephen 4674 Trapido, Leonard 4693 ,,-MGlackham, Linda Duffy 4713 Barry, Robert & Joyce 4714 Michelis, Gregory 4715 Rutkowski, Stanley 4716 Sclafani, Anthony & Cheryl* 4717 Yaccarino, Joseph 4719 Von Eiff, William 4720 Von Eiff, William 4721 Angell, Theodore 4726 *With the understanding that premises will be encumbered by appropriate restrictions, particularly as set forth by the Z.B.A. 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) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044 BOARD OF APPEALS TOWN OF-SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccnmission: X_ Variance from the Zoning Code, Article XXIV Section 100-244 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No': 4713 Applicant: Linda Duffy Markham Location of Affected Land: 875 Mason. Drive, Cutchogue, N.Y. 11935 County Tax Map Item No.: 1000- 104=5-37 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 Addition -Combined sidevard setback. opies of7ow-Ftile and related ocuments enc ose or your review. Dated: �C�G 1999 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD August 5, 1999 Mr. Robert W. Lehnert The Boulevard Group, Inc. 235 Nassau Boulevard South Garden City, NY 11530 Re: Variance Appl. No. 4713 - Linda Duffy Markham Dear Mr. Lehnert: 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 July 28, 1999. Please be sure to follow-up with the Building Department (765-1802) regarding issuance of a building permit for the addition. A copy of this written determination has been transmitted to the Building Department for placement in their pending application file and update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Decision filed 8/5 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 28, 1999 Appl. No. 4713 - F. and L. MARKHAM 1000-104-5-37 STREET & LOCALITY: 875 Mason Drive, Cutchogue DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 1.1971 ZBA Fax (516) 765=9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 16,517 sq. ft. in area with 90.43 ft. frontage along the northerly side of Mason Drive, Cutchogue. The lot is improved with a single-family, one-story house shown on the March 12, 1999 plan prepared by John E. Stumpf, R.A. P.C. with a front yard setback at 39.6 ft. at its closest point, side yards at 8 ft. and 17 feet, and rear yard at 96.8 feet. BASIS OF APPLICATION: Building Department's April 5; 1999 Notice of Disapproval citing Article XXIV, Section 100-244 of the Zoning Code with respect to a proposed reduction in the side yard from 8 ft. to 7.25 feet, and combined side yards.at 24.25 ft. reduced from 25 feet. The Code requirement is 10 ft. for one side and a combined total of 25 feet. AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance of nine inches (.75 ft.) from the present 8 ft. setback of the dwelling, for a proposed addition at the southeast corner of the dwelling. (No other areas are noted in the April 5, 1999 Notice of Disapproval.) REASONS FOR BOARD ACTION. DESCRIBED BELOW: The Zoning Board held a public hearing on this matter on July 22, 1999, at which time written and oral testimony was presented. Based upon all testimony, documentation and other evidence, the Zoning Board of Appeals determines the following findings of fact to be true and relevant: 1. Grant of a 9 -inch setback variance to allow for construction of a 15 ft. '3 inch by 8 ft. 3 inch addition will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The addition will square off the southeast front comer of the house, improve its appearance, and enhance the property. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the addition adheres to the existing footprint of the house and only a small section of the addition -- nine inches -- Page 2 - July 28, 1999 ZBA Appl. No. 4713 - F. and L. Markham Parcel 1000-104-5-37 at Cutchogue will encroach into the conforming setback. 3. The requested area variance is not substantial and represents a 9 -inch decrease in the code -required setbacks. 4. The difficulty has not been self created and is due to an approximately one -foot differential between the front yard setback of the southeast line of the house where the addition is proposed and to the remainder of the house. 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 addition will improved the appearance of the house with no ill effects on the environment. 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 addition, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, Horning, Collins. This Resolution was duly ADOPTED (4-0). (Member Horning of Fishers Island was absent.) jAM DINIZIO, JR. CHAIRMAN PRO TEM For Filing about 8/5/99 TRANSACTIONAL DISCLOSURE FORH YOUR NAME: J a % kio i V%) > t IA- j (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 If ofAll-1991 Signatur Print n me QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Sep ate sileet may be attached.) e e ®w�Pr B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( } Yes 4go No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? ( } Yes �W No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? JV14- 3. Is the property bulkheaded between the wetlands area and the upland, building area? P/ -- 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N� E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? IVO _ (If not applicable,. state F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? 0_ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? AZ— 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? jam_ If yes, please explain where or submit copies of deeds . I. Please list p esent use or operations conducted at this parcel _r,61 em e,e and nronosed use e e • 3/87, 10/90Ik r NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 22, 1999 FA 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, JULY 22, 1999 at the time noted below (or as soon thereafter as possible): 6:10 p.m. Appl. No. 4713 - F. and L. MARKHAM. This is a request for Variances under Article XXIV, Section 100-244 based upon a Notice of Disapproval issued March 15, 1999 for the proposed location of a new addition to dwelling with an easterly side yard at less than the existing eight feet and combined side yards at less than 25 feet. Location of Property: 875 Mason Drive, Cutchogue, NY; Parcel 1000-104-5-37. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application 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: June 28, 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 In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- /of - 3 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, fit ter' jv, G �s� ,� �r residing at _235- /(✓✓ t50 -z v IP`/01,/ �a ✓�e� C �olvg, New York, being duly sworn, depose and say that: On the 14- day of Jc_/, 19'7'?, I personally placed the Town's official Poster, with the date of Ifearing 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 hearin dwas shown to be (S' natur Sworn to before me this /69(�,-day of 19 g� . UNDAJ. COOPER Notary Public, State of Now York No. 4822563, Suffdk County Term Expires December 39,E (Notary ublic) *near the entrance or driveway entrance of my property, as the area most visible to passersby. 0 - IV ZONING BOARD OF APPEALS TOWN OF SOUTHOMNEW YORK IM the Matter of the Application of AFFIDAVIT OF (Names of Applicants) MAILINGS Parcel ID #1000-10 4 - 6 -37 ----------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Qobal* W, Lelan el � residing at- 23& A1455--- v e) t/d Get% ��► e�,Vx, 6�') 1 , New York, being duly sworn, depose and say that: On the day of J'o j , 19 9q, I personally mailed at the United States Post Office in 44' ��� K; y, , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTE , 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 Pq Assessors, or ( ) County Real Property Office -rwh !W %41' for every property which abuts and is across a public or'private street, or vehicul right-of-way of record, surrounding the applicant's property. (signature Sworn to before me thi t` day of JOHN E. STUMPF NOTARY N 85 alta oNu°nwtyYpk Nota Pu 1 c) Term June 23.44 ?wvz) PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Tltank you. The Boulevard Group, Inc. Architects • Builders • Construction Managers SCTM # 1000 - 104 - 5 - 36: Joseph Crowley 1005 Mason Drive Cutchogue, N.Y. 11935 SCTM #1000-104-5-24: Meta Downs Erickson P.O. Box 328 Cutchogue, N.Y. 11935 SCTM # 1000 -104 - 5 - 25: James E. Fitzgerald P.O. Box 791 Cutchogue, N.Y. 11935 SCTM # 1000 -104 - 5 - 26: Stanley Sokolski 110 Oak Drive Cutchogtie, N.Y. 11935 SCTM # 1000 -104 - 5 - 27: Robert Lobick P.O. Box 986 Cutchogue, N.Y. 11935 SCTM # 1000 - 104 - 7 - 5: Edwin A. Smith P.O. Box 1238 Cutchogue, N.Y. - 11935 SCTM # 1000 - 104 - 7 - 4: Karen & Jesse Skelton 15 Mayflower Lane East Seatauket, N.Y. 11733 235 NASSAU BOULEVARD SOUTH GARDEN CITY, N.Y. 11530 PHONE: (516) 538— 0500 FAX: (516) 538 — 4090 Email: robl@webspan.net NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 22, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 22, 1999 at the -time noted below (or as soon thereafter as possible): (V'(0 J640 p.m. Appl. No. 4713 - F. and L. MARKHAM. This is a request for Variances under Article XXIV, Section 100-244 based upon a Notice of Disapproval issued March 15, 1999 for the proposed location of a new addition to dwelling with an easterly side yard at less than the existing eight feet and combined side yards at less than 25 feet. Location of Property: 875 Mason Drive, Cutchogue, NY; Parcel 1000-104-5-37. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application 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: June 18, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski &LkP'mC-(. - A -001110M COMMAJED SIDE VI+RD scTBAclZ 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: GINDA M 4904A -M DATE OF PUBLIC HEARING: T4V2i.1 SLILY P;)s 14y9 6'•(U 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 (516) 765-1809 g'75 J IZ I v f , Cutd V40 (sv E OFFICE OF ZONING BOARD OFAPPEAL5 53095 Main Road 5outhold, NY 11971 (516) 765-1809 fax 765-9064 June 25, 1999 Re: Chapter 58 — Public Notice for Thursday, July 22, 1999 Hearing Dear Applicant: Please find enclosed a copy of. the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. 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 7/14/99. 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. 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PROJECT NUMBER SHEET NUMBER 0,824 4 (D c� 7 Cl WOOD FLOCrJNG ELEV.-C I BUILDING SEXTION _E _ i C�,/� � . <-•��% .. I ._.R. � .- '-•�i.._r.:.i _ - � _ - �,y. � � � CJI `�.- I r� r n^.-. JC?uT^ _ - - 7 �, --------------- ( 2 ) 246 i �.�.. .✓ ,r. \IA r7 ( 2 .% �~ t _` .. `. C �� ! . s' .,®y . a a — — o -------- --- r --,`F.C. =- ce .L CRAIJ, SPACE DETAIL ETtITT, Or PFI'"'?.rASTPrAT;':_ C OJ UP!N I; CES P i \—: Di tATI, OT' PE' ",`"Cr,rT I TYPICAL RIDGE 17ENT DETAIL TYPICAL HURRICANE CLIP DETAIL MET. DRIP EDGE APP'D OVER FELT ' i\ ALONG P\AKE -f= NAIL- ING EAVES FVA5H'G STRIP 30 MIN. U N D If RLAYM'T - =- 15 LB A5PH - FELT 1 d , i r j i - DELI\ r ` z----: F5) METAL DRIP ,v -- 9" 5TARTER STRIP OR COUR5E OE 5HINGLE5INVERTED ' 5TART FIR5T COUR5E WITH FU LL 5TRI P 5TART THIRD COURSE 5TART 5ECOND WITH FULL 5TRI P COU R5E WITH FULL M I N U5 FI RST TAB 5TRIP M I N U5 112 TAB 4 TO THE 8r5 Tl fA S O N J p IN7E ;tj CITOGUE N.Y. POULM7ARD GROUP INC. ARCHITECi'S ENGINEERS I 22:15 NA!i 'S.AU I31XT}. G �RI)T, (I'1-'1 11 :i`,O I C %I.T)F,N' CITY, \.Y. Sf01*TI11101,D,N.Y. (}:,`0 A 51 t;- ".) I3 --01:l I FAN, l`ll,ltiit'.:: Tll}'ti h' �4 AND STICIT-Cillo1f ?i I' SI Nl".'; ? \ OF A.\U AV! 'elle• P,?„lrL?,''i', h?. };..` J,.., �„r� (.;:, L:' !C;'. I\}'r:(` "3 MllL Pi' }'ft(1SF('jlll PROJECT NT1:'\'UFR 1) ATE: >-2G-9 SCALE: AS NOTED CHID: J. S, S1I1,1F.1' I�U.�II3EI: