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4745
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 OCTOBER 14, 1999 Appl. No. 4745 - MARY JO PETERS (ORR) 1000-128-1-15 STREET & LOCATION: 5035 Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: September 30, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicants property consists of 6,175 sq. ft, with 65 ft. frontage along Peconic Bay Boulevard and depth of 95 feet. The November 18, 1970 Young & Young survey shows an existing one -family, 1-1/2 story frame house and "as built' open deck addition. The dwelling has a preexisting 36 ft. rear yard setback which is nonconforming in this R- 40 Zone District. BASIS OF APPLICATION: Building Inspector's June 24, 1999 Notice of Disapproval disapproving an application for a building permit for an "as built" open deck at the rear of the existing dwelling. The reason stated for the Disapproval is because under Article III -A, Section 100-30A.3 the proposed deck will exceed lot coverage of 1235 sq. ft. (20%) by 281 sq. ft. and the rear yard requirement is 50 feet. The applicant shows that the "as built" deck addition reduces the dwelling's 36 ft. rear setback to 18 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for the "as built" 18 ft. by 22 ft. open deck at the rear of the dwelling with a rear yard setback at 18 feet and total lot coverage of 1516 sq. ft., or .2455%. (No other areas are noted in the Notice of Disapproval for Board jurisdiction.) 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. There are at least eight lots of similar size located in the immediate area on the north side of Peconic Bay Boulevard which lend to the difficulties in meeting the code requirements for setbacks and lot coverage. For this reason, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Open decks are enjoyed by others in the area. 2. The benefit sought by Applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance. Alternatives have been considered. Any alternative would require a variance because the lot is preexisting (prior to 1957) with a substandard lot area of 6,125 sq. ft. (15.3% of 40,000 sq. ft. lot area for an R-40 Zone). 3. There are no factors to suggest that grant of this variance will have an adverse effect or Page 2 - October 14, 1999 ZBA Appl. No. 4745- Mary Jo Peters Parcel 1000-128-1-15 at Laurel impact on physical or environmental conditions. 4. The difficulties have been self created because applicant did not obtain a building permit. 5. The grant of the requested variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of the existing open deck, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for SUBJECT TO THE FOLLOWING CONDITIONS: 1) As agreed, Owner shall plant a hedge row of Niger Aborvitae along the rear property line at a minimum height of seven to eight feet; 2) As agreed, Owner shall continuously maintain hedgerow of aborvitae in good condition. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, , Homi , ani This Resolution was duly adopted (5-0). 7, GERARD P. GOEHRKGEk, CHAIRMAN For Filing 10/19/99 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ���/9��'9 T .C[77L C',,-'-,:OWri C: CUU`_�. Ol..i STATE OF NEW YORK) )SS: .a !,Y-� t- LU i 1 L of Mattituck, in said mcounty, being duly sworn, says that he/she is at . W Principal clerk of THE SUFFOLK TIMES, a 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 e the annexed is a printed copy, has been regu- a larly published in said Newspaper once each 1. week � for weeks successivelyIn 1, U Principal Clerk Sworn to before me this -�2 7 r day of .SEPI. —19-3E- MARY 999MARY DIANA FOSTER ditio�wftjr t:' g:.Tea�yacd Fuegte� ;4246`� '/F'WOUV, Tif eP e t Wu.,u,�� li 17iIIRS ado Fuse lloortp aY * $E M'EME1+$13�49�s-32Xe �:dio)et paw .00a X40 3 �4rk' Nix STATE OF NEW YORK) �F°�r� e�c31,o . 4wn? stated`tir^tho Nohca�d season — d FnegtXe,gi`>as r = r i°` )SS: rs 30 ,Fid%ShR t4wgta Pioposed aleawoµQnd F SUFFQIK) bel4 igabjtF. bYk su story, of a osdngnardsyarstoTe +..'Og' 0Personal service tit"dtO-'r�u --fix L Of Mattitt �� air `t6eQ �rx st tttjes a secogdtie ii,_ ra Cqunty, being duly sworn, Says tbF x, ltggR4aT4 sort �t tae oa a or o„,n Principal clerk of THE SiIFFOLg t � f+rd+cle,84!'14 see tn weekly newspaper, Published at N b+°latgorP' the Town Of Southold, County of as vvW PF + e4 t'serect State of New York, and that the Not ,� p snall�te,'erected or+aite S4''UOJSo lA�4nan,stnctf .� RAI;conforms too sante, t the annexed is a printed copy, has anakarkmg torte laxly published ia n said NewsP Pe, W-1 le� a �rtap =fib ` sfnts week for weeks�s, 6e a ' S�rLedtde)iy ero y commencing on the per? of 19 °e.1E�r�aFt�9rdg ngst EGW�p'attdl�7q�e ''"�' Q�eaSF � aarequesk foY�,,,y �' ? �QF4ce�RirPia . " X83 txt9ttc gta� Cts a cut at L�,1g,14 ao�d�rAv , .. kjtay_ rssued tFmber It �xx F ° Princ [egA�sCf�� �> +ll�"es t Sworn to befigre me this ra �nuaoa gw aePw ww day of110 19 lj `•�e:ti1°Se lulY l,� `�;gkk�l4���eAO,Oppe���lo a '' 3p�e�4 R ean� 7�� MARY I Place? dhopett X% NOTARY PUBLI( .31- >F m 9 k Lana aotl ' Fg NO. 52-46552 COMMISSION €X �'at4iend ��ttoa"ot�.anag�ss XF�Oh bfAg+OY, PP1� ��ie t ..._..._- =utructe¢, Hnder l test faEYartaaca FORM,NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL E JUL 131999 9 DATE; June 24, 1999 TO Mary Jo Peters 5035 Peconic Bad Laurel NY 11948 Please take notice that your application dated ,May 5, 1999 For permit to "As built" deck addition to an existing one family dwelling at Location of property 5035 Peconic Bay Blvd. Peconic County Tax Map No. 1000 Section 128 Block 1 Lot 15 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds Proposed construction of "as built" 18X22' deck addition on rear of dwelling in R-40 zone, not in compliance with Article IIIA Section 100-30A.3 • proposed deck will exceed 20% lot coverage of 1235 square feet by 281 sq ft. required rear yard is 50 (fifty) feet. proposed deck shown at 18 (eighteen) feet of rear lot line Authorized Signature r�r a r ^3. DEPx �OARD OF HEALTH ............... FORM NO. 1 3 SETS OF PLANS ............... TOWN OF SOUTHOLD SURVEY ........................ BUILDING DEPARTMENT CHECK ......................... TOWN HALT. SEPTIC FORM ................... SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: CALL Examined .................., 19.... MAIL TO:.................... Approved.................. 19.... Permit No. ........................................,........... Disapproved a/c ................................ (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ................. 19.... a. This application mist be completely filled in by typewriter or in ink and submitted to the Building Inspector cr. 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan slowing 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 propert� 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 permit shall be.kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by line Building Inspector. APPLSCMCK IS DEEM MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zane Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and inilding for necessary 'nspections. .............................. .:�................... (Signature f•licant, or nam, if a corporation) ................................................... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor,, electrician, plumber or builder .................................^............................................................................................ V \ � Name of owner of premises ......1 !zy ....IQ ..... �T �i��J............ (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ......................................................... (Nam and title of corporate officer) Builders License No . ......................... Plumbers License No . ......................... Electricians License No . ..................... Other Trade's License No . .................... 1. location of land on which proposed work will be done.............................................................. ....50..5S..............or.iy' 'Blvd.., ............:... ............: .::.:(............................ House 'Number Street Hamlet County Tax Map No. 1000 .Section ....1 L1.9 ...... Block .........�...... lot ..... i .J5........ 'Subdivision .............................. Filed Map.No. .......lot ....... ........ ............... (Nam) 2. State existing use and occupancy of .premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ............................................ ......................,....;,,... b. Intended use and occupancy ..... �'1 ... 3. Nmure of work (check which applii ): New Building .......... Addition`. ....... Alteration .......... ` Repair ............ Removal ............. Demolition ............ Other Work -.................................. +, (Description) 4. Estimated Cost ...... :Q©D.......... fee (to be paid on filing this application) 5. If ckkaelling, number of dwelling units ............ timber of dwelling units on each floor ................ Ifgarage, number of cars ...................................... 5. If business, commercial or mixed occupancy, specify nature and extent of each type of use........................ 7. Dimensions of existing structures, if any: Front.... d........ Rear 4 j........ Depth ... a.i.......... Height Nimber oY Stories ...................... Dimensions of same structure with alterations or additions: Front ............... Rear ............... Depth .................... Height .................... Nmber of Stories ............... 3.. Dimensions of entire new construction:, Front ....+?-A ........ Rear ...... a ...... Depth ....�. ....... Height .....J ................... Number of Stories ..................... / 3. Size of lot: Front ...... 6?6.......... Rear .... .......i.. Dept?h�....-! ..........:..... 10. Date of Purchase ...3:.1. . Q........ Name of Former Owner J ' ->.:.. 11. .Zone or use. district in which premises are situated ..... 8.7. .................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ... !J ................ 13. Will lot be .regraded ..... N D ........... will excess fill be removed from,premises: YES 2D 14. Names of Owner oF.premises.1 h-V....-�.?a'.��........ Address:ri-a..�`?Oa1?rach. Phone No. -59... Name of Architect .................................... Address ......r....................... Phone No."............. Nam of Contractor VIVI C2x} K1�SeCk.?/ ....... Address NVJMT-NL. . N Phone No 15. Is this property within 300 feet of a tidal wetland? * YM .......... NO ...K..... *IF YES, SOLMM TM TfflSIFE.S PERMIT MAY BE Itrl MRED. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dup,nsiocns from property lines. Give street and block number or description according to deed,, and slow street,names and„5ridicate.,. whetberinterior or corner lot. 5rA1E 0[' N,W YORK, ISS i2 ... ..... --e-x s �' .......... ......beim duly sworn, deposes and says that he is the applicant ...... (Name of individual signing contract) - - - above named, lie is the O NN n c`� ................................................................................................ (Contractor, agent, corporate officer, etc.) of saidwner or owners, and is duly: authorized to perform or have perform�nl the saidwork and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be perfonmed in the manner set forth in the application filed therewith. Shorn to before me this ....... ..........day of ..M� ........19. GR.. Notary Public HELENE D. HORNE Notary Public, State of Newyork Ouslifed in Suffolk County Commission Expires May ou 114f (Signature f 00pLicant) UG 2 T OF SOUTH APPEAL FROM DECT01OON".IBrf( %TOl INSPE Wo U AUG 2 3 ` vAPPIEA 1 NO. r .. DATE r:.r�..... r> TO THE ZONING BOARD OF APPEALS, TOWN OF 5�_ Y. NNrc I, (We) ....... 5? : J�....�. ...............of ten ...... ......:..........:....... Na of Appellant Street and Number 11-7 HEREBY APPEAL TO Muni poli State THE ZONING, BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ..................... .:......... DATED :.... ......<.. WHEREBY THE BUILDING INSPECTOR DENIED TO Kk..,_... �o.. .. ........... Natne of Applicant for permit ,of 5039 RtArZ4 . B wv Blyd Laoyrl Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR'OCCUPANCY E Vf %.t2MtT VCR- (i LOCATION OF THE PROPERTY ...50.35 ....... ........ ........ Municipality State . c }cot�iGi�lvd L cs s Street /Ham et / Use District on Zoning Map District 1000 Section Block I Lot i�Current 'Owner � i> Map 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 quote the Ordinance.) Article _A Section , too - 30;&, 3 3. TYPE OF APPEAL Appeal is made herewith for (please checkappropriatebox) (vf A VARIANCE', to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. -PREVIOUS APPEAL A previous appeal (has) os no been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( } request for a variance andwas mode in Appeal No.................................Dated...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested. for the reason that Foran zB1 (Continue on other side) 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, _r ifgra nted BECAUSE: k � v savtt 4c ltczc� t�Ci ek w c 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: ) - P IfsI 'n i4-,-_ ,G,_ bcack-Y04-61 . 3. The amount of relief requested is not. substantial BECAUSE C1ocS Yt�� ertC� oc�Lyp ow oI Y �c v ouwc �t ro c i c s J A-N� 4_ so s ;lot &Air f jinr Of Si+-- CtLke 4& +J_ h,+ of-' 4k15 deC_ X50 i5 i1 o'i �%15t?G-� -Ib GLQSaC.-�9`, Prorje r-S'Yc S, y 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSEg f 1 s �J� �� G 6e'ck „ (nil' �r Ve Or Ylt (( ✓ 5. Has he alleged difficultybeen 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) COUNTT OF SUFFOLK) (Applica Agent mu t attach written consent from owner. Sworn to before me this day of I7 ,,x/19, �- Notary Public WARE A. WOODS to**ttttttt*t� a* �* €Sctt?i{Fubkstt-teOfNew Yo:& ftc V41050siegg txtlk/form.var/temp SO* LOCO Q, 1 TOWN OF SOUTHO�LD 01OPERTY RECORD CARD 1 A - /v ® I OWNER STREET ;' j)'3,r- VILLAGE DISTRICT SUB-, LOT fry / 1 E ACREAGE tipO R OWNER N GCiS` _ V - )✓, rfl K Foier a S W pp TYPEOFBUILDING RES. 2-1O SEAS. VL, FARM COMM. I IND. j CB. I MISC. (Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 0 (7 2 Z �cI (� t Gv D 1 L), _ A acs 460 r) o6"q 4�10. AGE NORMAL BUILDING CONDITION /CISI UYI�n 1X BELOW ABOVE ~ FRONTAGE ON WATER 7FP✓rT NEW Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable I Tillable 2 � BULKHEAD -- -- --- �� -- ------- --------.DOCK - Tillable. 3 r - — —G! e r v�uSiI I �i -r n Vie✓ t� dee/ DOD Woodland Swampland Brusbiand House Plot -- Tota! z; M. Bldg.�} .7 Foundation f oty rm Bath Extension j� Basement Floors Extension Ext. Walls Interior Finish Extension Fire Place Heat Porch _— Roof Type Porch Rooms 1st Floor Breezeway - -- Patio Rooms 2nd Floor Driveway Dormer O. B. ._ ✓ 1�: 7p 4. n^ o„ o^ D 14 �lp, C, D, �0 bh°a �J MAP ��v l O � w Q •Mbl"O"I p ALf&AOON UR AWHt r0 THIS SURVEY ISA VIOEATION.pi 3 �Yjj \ SERIOH 7709 OE MF NEW YOR[ Of 101 ml f.,\ EDUCATION Lq W STATE ``k COPIES OE THIS SURYEI MAP NOT OEARNG EH1 {AND S,At SM R L WRAC SfAt OR vv ;M9, A SLAC SMALL NOi PA Li>NSILWEO 4 J/ r0 8F A YAllp iqU! COPY 1 / JUARANIEfS '111 Alll HDR10H SHALE RUN h JNEY i0 THE p KtV "IS WHO THE SVRYE` S UE COMI n 1 'riiiALF IU THE SND C -Slgr t )vkISTED HEREON, AGENCY ANI 0 TH, :, Sifl ilk,. LISTED H[q/0N. AND O iHl. ASS fl 1. !_ / t5 A4f HOT i4ANSFERA6LJ NOTE 1= MONUNENT YOUNG 8 iYOUNG 400'.OSTRANDER AVENUE, RIVERHEAD, N.Y. ALDEN W. YOUNG:- HOWARD W. YOUNG PROFESSIONAL EN&NEER AND LAND SURVEYOR LAND SVRVEYOR,NXS.L/C.NO./2845 N.Y.S. L/C NO. 458Y3 SURVEY FOR ,�ptE OF ryFW VERNON R. COX B 6 pop Al L jQUREt G RAN : b t E' T/ ARAN CD TOWN OF R ERR RV/ S BANK SOUTHOLD d a Av Cox ^SUFF. CO., N. Y ~ 30' DATE NOV. 1,9,'197 0-3 �n s .sem, v J �- APPALS BOARD MEMBERS r Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. and Mrs. George Orr 926 White Birch La. Wantagh, NY 11793 BOARD OF APPEALS TOWN OF SOUTHOLD s� 3 y. g53 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 August 15, 2000 Re: Conditions under 1999 Variance Appeal No. 4745 Dear Mr. and Mrs. Orr: We are in receipt of your August 4, 2000 letter with enclosed plan showing a proposed two -ft. high berm with fix to six ft. tall arborvitaes as an alternative to the seven to eight ft. tall arborvitaes along the rear property line area. This Department has no objection to this design and you should proceed with your permit application at the Building Department. We are furnishing the Building Department with copies of this letter and your letter to the Board. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Building Department Attn: Mr. G. Fish, Building Inspector ,1 " I Zoning Board of Appeals August 4, 2000 Town of Southold Re: Variance on 5035 Peconic Bay Blvd C c4f'ol-- To Whom It May Concern, Last September, when we were seeking a variance for the construction of our deck, we suggested plantings to ensure the privacy of our backyard neighbor.. We thought that seven to eight foot arborvitaes would provide an adequate privacy screen. However, this Spring, after consulting with several local landscaping companies, we have learned that this idea was not practical. It was suggested to us to build a two foot burm and plant five to six foot tall arborvitaes. This size tree is readily available, transplants more successfully and has a growth rate of six to eight inches a year. The two foot burn and the five to six foot trees would satisfy the seven to eight foot height requirement in our variance. Enclosed, you will find a diagram of our plan. As this is our second home and is only used on weekends and two weeks during the summer, we hope this plan will satisfy the intent of the agreement. Sincerely, George �andMa/oO?rr burm 5- 62 Ame6ory 66 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE October 20, 1999 15 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. Peters, Mary Jo Badenhop, Esther Warren, Barry GGN:cc G:\CCHORNY\ZONING\ZONINGXWORKING\LDS\OC-RSD4745.WPD 4745 SE -4754 4756 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 0 BOX 6100 ® (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 16) 853-4044 d BOARD OF APPEALS TOWN OF SOUTHOL,D (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Anneals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccamission: X Variance from the Zoning Code, Article III -A Section 100-30A.3 Variance from Determination of Southold'Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4745 Applicant: Mary Jo Peters Location of Affected Land: 5035 Peconic Bay Blvd., Laurel, NY County Tax Map Item No.: 1000- 128-1-15 Within 500 feet of: 4 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 "as built" -deck lot covers & rear yard. Copies of Town file and related documents enclosed for your review. Dated:ae- /y 1999 w APPEALS BOARD MEMBERS--, Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mrs. Mary Jo Peters Orr 926 White Birch Lane Wantagh, NY 11793 BOARD OF APPEALS TOWN OF SOUTHOLD October 18, 1999 Re: 'ZBA Appl. No. 4745 - Variances for Existing Deck Dear Mrs. Orr: 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 determination rendered at their Meeting of October 14, 1999. Please be sure to follow-up with the Building Department (765-1802) and obtain the building permit and certificate of occupancy for the existing deck. A copy of this written determination has been transmitted to the Building Department for their file and permanent records in your building permit request. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department OCT, 14. 1999 9:AI SALOMO SMITH BARNEY ip�t� Board of Appeals Town of Southold 53095 Main Road PO Box 1179 Southold, New York 11971 Ref: Appl. No. 4745 ® Mary Jo Peters Dear Mr. Goehringer, As it is our understanding that the board will vote on our adjustment, we felt we should bring you up to date on ou Klett's desire for privacy is our primary concern and prie seven to eight foot hedgerow of Niger Aborvitaes across c Klett's request. As this is a rather expensive proposition i after or if we receive the variance for the deck. ILI NO. 6653 P. 1 pplication for a variance agreement with Mr. Klett. Mr. ity. We have agreed to plant a r back property line at Mr, e will begin these plantings Mr. Klett has assured us that he would write a letter to th board with both his signature and ours illustrating our agreement . As we have not yet eceived this letter to sign, we can only assume that the board has not received a letter fr m Mr. Klett renouncing his original opposition to our deck. We would like to reiterate that this is our summer home, a spend less than 20% or the year in this house, mainly on weekends, We are consider to neighbors and do not intend to disturb the peace in our quiet neighborhood. Our inten is and will always be to increase the value of the property without impinging on o r neighbors. We appreciate the time and patience the board has taken i this matter and await your decision. Sincerely Georged M Jo Orr (Peters) / 6 Board of Appeals Town of Southold 53095 Main Road PO Box 1179 Sookhrolld, Nevv York 11,971, !'Z � e f '. App.. No. 4745 - Nlw-y Jo Pt:rers War AW Goehringer, AS it is our une'-'-sz�an4llina ftit il)e homrdl will vou.-,,n ---w NU A j K 11 ac -J desiren for priv�&c� i'� primai'y coricc-m and WAY. Vic have ageed rc Jam it I seven to eight foot lhc-dgtrcwoff Nig--,P:r ALPc-,'JNIT8Ej =Q$$ t,,yy,r back popavy Hot at NO, rcquitst. As this is a rather expeNve propo!�iuon mlill bc-in piartings aft6f- or if we receiv(-: Cho vAvianwe. C. -ti- 101h.e dr--C'- d -iu I ' Wr: ter to hoaxd? ki,-idi No,' his signzature-6 Ln K -C'a ins amund U"z 3 hnz he '.vc Id ju� a Im our agreNnent . As we have re"ot Y-!�T "'Oceivedl dh.!� ��tn;kfr -ro sig -n. Wm! I can only assme that the board has not rcceived a laterAFm W. Kim ren(runcing his onginal ajon tio our deck'. oppm rrmtn� Nt, would like zo rt>-i'imrate iihva T -his is otir ,�u , , rn, 7? e,' I(I F -S^, 01 ziTi 207-n --,r the year in this tlfyusit, mainly on weekends We are connidim and CIO !Iui inte�:"d to chsarb the peace in mr Qet ndaghborhood Our Own is and KI always be to Wrem the value of A propen wiah'+-;a-" impin.glung On r ncjhbms "Ve 'ate J av� -m' I h as taken if th is mal and ou r . -P C. kh��, -6 mid padence the board has titan decision. Sincerely Z/ ��i; m CIT Pe tersin V Z) r A - C i Frances E. Klett 179 Sunup Trail Riverhead NY 11901 �1 � � LIS (516) 722-3591 ''1 � .`�1999 September 8, 1999 Southold Town Board Of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 Attn: Gerard P. Goehringer Re: Appl. No. 4745 -Mary Jo Peters Gentlemen: Never having received, the proper certified mailing relative to the above referenced issue, I wish to express my opposition for the approval of the aforesaid application for variance with regard to building codes. Although my affected property is currently deeded in my name, it has been sb named in my living trust in passage to my son, Wliiam J. Klett. I oppose this variance for the following reasons: 1. I have always applied to the Southold Town Building Department for permits prior to commencement of any construction which required such. This particular project was initiated without such a permit. It is not in the Town's or any of its residents' best interests to allow anyone to ignore the codes or the law. 2. There has been a significant sacrifice of the privacy which represents what the building code was intended to do. The rear property boundary line from my residence is only 25 feet. When the house was built in 1972 that was in compliance with building codes of that time. 3. I feel as if this deck variance seriously depletes the value of my property. Privacy is a factor when purchasing a home . I do not wish to have this aspect removed from one of my investments. The fact that my property has incurred a privacy depletion is of a major concern, economically. I trust that the review board would make the proper and legal decision. I respectfully request that the aforementioned application for variance be disapproved, that said deck and the construction thereof be ceased, and that disassembly commence within an established time period as dictated by this hearing. Sincerely, rances E. Klett NOTARY CER TIFICATI®N.• I, Jeffrey F• Kaytis, as duly sworn to practice in the County of Suffolk, do swear that Frances E. Klett did hereby attest the above mentioned affidavid , on September 8, 1999. t;i:rT,�Fi F'UNL!C: Sln;,l,:, it t�„p u;;h•h (') 191Kaw �7c� V ti� (� >s;+i'• l fes", � .,_ P4l I'y`.. It.�. ..: �� Back Yard Deck Plan North Property 5035 Peconic_ Bay Blvd Fence Line Laurel, NY 11948 ❑ CEMENT FOOTINGS 19 Ft • Deck Height 32in from Ground -Girders are Doubled 2*8 CCA -Joists are 2*6 CCA on 16 in Centers 16.5 Ft FOOTINGS: 6 Ft Ground Level Privacy y`; R Screen 3 Ft Deep = f= Cement i ........................................................................................................................................................................ e ". 24 Ft r Shower Stall September 9, 1999 Mrs. Frances E. Klett 179 Sunup Trail Riverhead, NY 11901 Re: Appl. No. 4745 - Mary Jo Peters (Variance Request) ®ear Mrs. Klett: This will confirm that we are in receipt of your letter dated September 8, 1999, and that same has been made a part of the permanent record. Please note that the attached copy shows the current Assessors record concerning your property, for mail notifications. If the name and address is incorrect, someone should contact the Assessors Office in writing. Their direct telephone number is 765-1937. If we may assist you with your questions, please feel free to call us. Sincerely yours, Linda Kowalski Board Secretary Enclosure a NYSRPS ASSESSMENT INQUIRY DATE 09/09/1999 473889 SOUTHOLD SCHOOL MATTITUCK SCHOOL ROLL SEC TAXABLE klRCLS 210 1 FAMILY RES TOTAL RES SITE 128.—'r--20 TOTAL COM SITE 605 BIRCH DR ACCT NO 14 = OWNER & MAILING INFO ===.I=MISC j________ ______ ASSESSMENT DATA KLETT EDWARD F & WF QRS—SS I **CURRENT** RES PERCENT C/O WILLIAM J KLETT 1 1 BLAND 1,000 **TAXABLE** 605 BIRCH DRIVE BANK .NOTAL 4,500 COUNTY 4,500 PO BOX 506 **PRIOR** TOWN 4,500 LAUREL NY 11948 1 JLAND� 1,000 SCHOOL 4,500 1 ITOTAL 4,500 ==DIMENSIONS SALES INFORMATION ACRES .30 IBOOK 4 SALE DATE'00/00/00 PAGE 00135 PR OWNER __=====TOTAL EXEMPTIONS 0TOTAL SPECIAL DISTRICTS 4 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE IFD030 IPK071 IWW020 ISWO11 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10— 03-050 F6=G0 TO INVENTORY F9=GO.TO XREF F1,0=G0 TO MENU a 6 Laurel, NY 11948 �- (5l16) 298-8290 C' p SEP i9 September 8, 1999 Southold Town Board Of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 Attn: Gerard P. Goehringer Re: Appl, No. 4745 - Mary Jo Peters Gentlemen: After receiving a certified mailing relative to the above referenced issue, I wish to express my opposition for the approval of the aforesaid application for variance with regard to building codes. Although my affected property is not currently deeded in my name, it has been so named in my mother's living trust in passage. I oppose the approval of this variance for the following reasons: 1. I have always applied to the Southold Town Building Department for permits prior to commencement of any construction which required such. This particular project was initiated without such a permit. It is not in the Town's or any of its residents' best interests to allow anyone to ignore the codes or the law. 2. There has been a significant sacrifice of the privacy which represents what the building code was intended to do. The rear property boundary line from my residence is only 25 feet. When the house was built in 1972 that was in compliance with building codes of that time. 3. I feel as if this deck is right in my bedroom and bathroom. It is a shame that these bordering lots were shallow, however, this should have been understood when the applicant for variance purchased the property. Although there have been many construction projects and additions to various adjacent properties in the past, for which I have never expressed opposition, this time I must complain since my personal privacy has been seriously invaded. I respectfully request that the aforementioned application for variance be disapproved, that said deck and the construction thereof be ceased, and that disassembly commence within an established time period as dictated by this hearing. Sincerely, Wil iam J Klett NOTARY CE, RTIFICATION: I, Jeffrey F. Kaytis, as dilly sworn to practice in the County of Suffolk, do swear that William J. Klett did hereby attest the above mentioned affrdavid on September 8, 1999. E]LHZABETH A. NEVHL LE TOWN CLERK REGISTRAR, OF VITAL STATIISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE CE ®IF THE TOWN (CLERK TOWN OF SOUTHOILD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 24, 1999 RE: Zoning Appeal No. 4745 - Mary Jo Peters Town Udall, 53095 Main Road F.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1300. Transmitted herewith is Zoning Board Of Appeals Application 4745 - Mary Jo Peters. Also included are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Notice Of Disapproval, Building Permit Application, Deck Plan and copy of Survey. 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.) Not e owner(s) and any other financial interest in the of their interests: B.. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( } Yes C V) No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? ( } Yes , ( ✓r No D. 1. Are there any areas which contain wetland grasses? d 2. Are the wetland areas shown on the map submitted with this application? No � 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the. Town Trus tees 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? uvT (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? noyV-, 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,Qr any co-owner also own other land close to this parcel. you,, ° If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel and proposed use Lu=�=a pa-31m Authorized tore and Date 3/87, 10/902k APPLICANT TRANSACTIONAL DISCLOSURE FORH 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 NAHE : (,Last name, first na e, 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.) 1. Tax grievance Variance — Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) Do you personally for 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, in' which the town officer or employee has.even a partial ownership of (or employment by) a corporation in vhich. the-t®vn officer or employee ovns more than 5% of the shares. YES NO V 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) orporation);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 RELATIONS11IP Submitted this day of -1999 Signature Print nameCAor�( . 6PXf_*C_Vs NYSRPS ASSESSMENT INQUIRY DATE 09/09/1999 473889 SOUTHOLD SCHOOL MATTITUCK SCHOOL ROLL SEC TAXABLE PRCLS 210 1 FAMILY RES TOTAL RES SITE 12.8.-1-16 TOTAL COM SITE 4985 GREAT PECONIC BAY BLVD ACCT NO`14 = OWNER & MAILING INFO===I=MISC j======== ====== ASSESSMENT DATA PETERS JOHN H & EILEEN H IRS -SS **CURRENT** RES.PERCENT 4985 PECONIC BAY BLVD 1 1 BLAND 400 **TAXABLE** LAUREL NY 11948, 1 BANK NOTAL 3,300 COUNTY 3,300 **PRIOR** TOWN 3,300 BLAND 400 SCHOOL 3,300 TOTAL 3,300 ==DIMENSIONS SALES INFORMATION ACRES .15 IBOOK 9699 SALE DATE 08/01/84 SALE PRICE 84,500 .PAGE 00259 PR OWNER BRISOTTI JOHN P & WF =======TOTAL EXEMPTIONS 0TOTAL SPECIAL DISTRICTS 4 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT_ TYPE VALUE IFDO30 IPK071 IWWO20 ISW011 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-050 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU NYSRPS ASSESSMENT INQUIRY DATE 09/09/1999 473889 SOUTHOLD SCHOOL MATTITUCK SCHOOL ROLL SEC TAXABLE PRCLS 210 1 FAMILY RES TOTAL RES SITE 128.-1-14 TOTAL COM SITE 5105 GREAT PECONIC BAY BLVD ACCT NO 14 = OWNER & MAILING INFO===I=MISC j________ ______ ASSESSMENT DATA ANTON FLORENCE & ANO IRS-SS I **CURRENT** RES PERCENT C/O SNIDER I 1 BLAND 400 **TAXABLE** PO BOX 599 1 BANK NOTAL 3,600 COUNTY 3,600 MATTITUCK NY 11952 **PRIOR** TOWN 3,600 1 BLAND 400 SCHOOL 3,600 1 NOTAL 3,600 ==DIMENSIONS SALES INFORMATION ACRES .14 IBOOK 4 SALE DATE 00/00/00 PAGE 00124 PR OWNER __=====TOTAL EXEMPTIONS 0TOTAL SPECIAL DISTRICTS 4 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE IFD030 IPK071 JWWG20 1SW011 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-050 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOAR[' OF: APPEALS THURSDAY, SEPTEMBER 3U;-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 Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 30, 1999 at the time noted below (or as soon thereafter is possible): 6:20 p.m. Appl. No. 4745 - MARY JO PETERS. This is a request for a Variance under Article III -A, Section 100-30A.3, based upon the June 24, 1999 Building Department's Notice of Disapproval, for approval of the location of an "as built" addition with lot coverage in excess of the 20% code limitation and with a rear yard at less than the code requirement of 50 feet. Location of Property: 5035 Peconic Bay Boulevard, Laurel, NY; Parcel 1000 -128 -1 - The Board of Appeals will at same time and place hear any and all persons or representatives 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 regulation Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: September 16, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski 4 r►. I ZONING BOARD OF APPEALS TOWN OF SOUTHOMNEW YORK X la the Matter of the Application.of Nlar Jo PtA-ey (Na es of Applicants) Parcel ID #1000- I W - 1 - /6 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, To R-,te-ys residing at AFFIDAVIT OF FAILINGS , New York, being duly sworn, depose and say that: On the 2.®�day of G�Oer , 19gq , I personally mailed at the United States Post Office in W �--G 4) , New York, by CERTIFIED FAIL, RETURN RECEIPT REQUEST , 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 (vfAssessors, 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.A� i ature) Sworn to before me this PAUL W. JERVIS Notsfy Public, State of New'fork No. 01JE5081632 Qualified in Suffolk County Commission Expires duly 7, 20-01 PLEASE list, on the back of this Affidae'it or on a sheet of l;aper, to the owner names and addresses for which notices ivere nnailed Thank you.. the lot numbers nex L M,�, 1jiik,air,n J- K Ids . i r� ce_s7 1Cv_tt R6 - Pox E0 Lu ve '1, t) 10 `a 4g 1 t t i am F. -, �6ctl A . cc d-er [AL)VeJr �� IIggq 4fi&r + Kcs " 16 A -�_-Vy �0' 25 Pe -conic � LwuyeA I w? P, 0. & 'au yet t Ni toLvs J i t UNITED STATES POSTAL SERVICE �P ND -_�_��..,c.�.-.. •-First Class -Mail " \c� Postage&-Fees.Paid- c, PM .Uses-- .Permit -No. G-10___ - I 1 Cr r •Sender: Please print youpgame, address, and ZIP +4 lnthis-box�®r I r �e i A Lam, I fi V\�QiVI, 11-79 3 Z 321 960 172 US Postal Service HecWpt for Cerfeffsed MaH No Insurance Coverage Provided. Do not use for International Mail (See reverse) nt to ku, 4 t- L�um , et.z,� c am 131,4 st Office, Sta� &ZIP Code p iC y Postage 3 Certified Fee r Special Delivery Fee Restricted Delivery Fee LO o°i Retum Receipt Showing to *' Whom & Date Delivered ' a Q Return Receipt Showing to Whom, Date, & Addressee'sd�dgress TOiAf-pos age�&F i v EPostmWorDatgE o LL a 1999 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -------------------------- -- — ------------_x In ------------ In the Matter of the Application of AFFIDAVIT V\J J s OF (Nalne of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- j,Q" - t - iS- ---------------------- X COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, TCS eX5 residing at tNew York, being duly sworn, -depose and say that: On the Aeday of Se#etobey, 199q 9 -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 (wnaiure) Sworn to before me this 30 41day of PAUL W. JERVIS Notary Public, State of Now York No. 0IJE5081632 Qualified in Suffolk County *%f Commission : 1 1 Expires July 7, 20 _0 0 Publi *near the entrance or driveway entrance of my property, as the area most visible to passersby. - -` OFFICE OF r` ZONING BOAR® OFAPPEAL5 53095 Main Road Southo/d, .NY 11971 (516) 765-1809 fax 765-9064 .September 16, 1999 Re: Chapter 58 — Public Notice for Thursday, September 30, 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 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 9/23/99. 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 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, Southoldg New York, concern.ing this property. h. e a DATE OF PUBUC HEARINGN u�i�is��o� �&lro 66e,o�2 ,�a 73 T CS6 end ZONING BOARD OF APPEALS TOWN OF SOUTROLMNEW YORK X In the Matter of the Application of kko-ry .sa ex--> Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- iag - E - 15 -------------------------------------- x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 73n� pereXS residing at -C17-(S 1ti� F��`erch Lla , VNa-nA-f� , New York, being duly sworn, depose and say that: On the 5 day of Sep#e-pnbe4- , 19'99 , 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 Si ature) Swor5 to before me this i'* y Of , 19 9�• HELENE D. I' ORNE `"• �n �i °'�— Notary Public, State of New York (Notary Public) No.4959364 ®ualiiied in Suffolk C®an Commission Expires May 2Z S® d i *near the entrance or driveway entrance of my property, as the area most visible to passersby. r ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK X If, the Matter of the Application of Nklo-ry T® F�--$v--r.5 (Names of Applicants) Parcel ID #1000- Qq - I - Is ------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 9v`a-,,j T11 ey,s AFFIDAVIT OF MAILINGS residing.at 92-G M� jfk-- ^ t-c`)e. Wax`� , New York, being duly sworn, depose and say that: On the V-rA day of , 19 139 , I personally mailed at the United States Post Office in Wa.",+a �N , New York; by CERTIFIED MAIL, RETURN RECEIPT REQUES , 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 (vj 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. /1% Sworn to before me this s1(atu`re) PAUL W. JERVIS � (Votary Public; State of New York No. oiJE5081632_ air' Qualified in Suffolk County ® Q Commission Expires July 7-20— PLEASE ,20 - PLEASE list, on the buck of this Affulai,it or on a sheet of paper, the lot numbers next to the owner names and.addresses for which notices were mailed Thank you. Flo*-e_nccf_ -1 Ar.)a An+on %v snia'e-4- p. 0 - ex::)x• ��+'j cl--, 119 52 J-. V\Jilvl\c""_, T. Kim R Bcx 0 C_ BcmV LO -U my q q -g TOY Z� FOR BOARD AND STAFF USE Updated New Information NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS WEDNESDAY, AUGUST 18, 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 Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 16, 1999 at the time noted below (or as soon thereafter is possible): 7:20 p.m. Appl. No. 4745 - MARY JO PETERS. This is a request for a Variance under Article III -A, Section 100-30A.3, based upon the June 24, 1999 Building Department's Notice of Disapproval, for approval of the location of an "as built" addition with lot coverage in excess of the 20% code limitation and with a rear yard at less than the code requirement of 50 feet. Location of Property: 5035 Peconic Bay Boulevard, Laurel, NY; Parcel 1000-128-1-15. The Board of Appeals will at same time and place hear any and all persons or representatives 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 regulation Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: August 25, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski OFFICE OF ,62, ZONING BOARD OFAPPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 August 25, 1999 Re: Chapter 58 — Public Notice for Thursday, September 16, 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 9/8/99. 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 Sout d Town Hall po Box 53095 Main Roxt, Southold, NY 11971 11 Swim King Pools Attn: Eve or Erin Route 25A 471 Ro 11778 Rocky point, NY BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Ro Southold, NY 11971 SRI BOARD OF APPEALS Southold Town Hall po Box 1179, 53095 Main Road Southold, NY 11971 17- V*�, Mr. Bob Grigonis rid11971 Box 1611 Southold, NY Box 744 Greenport, NY 11944 BOARD OF APPEALS Southold Town Hall po Box 1179, 53095 Main Road Southold, NY 11971 17- V*�, BOARD OF APPEALS Southold Tovm Hall PO Box 1179, 53095 Main Road Southold, NY 11971 34 Mr. Henry Raynor Raynor -Suter Hardware 320 Love Lane Ma'ttitU11952 ck, NY BOARD OF APPEALS Southold Town H"11 po Box 11799 53095 Ma'n R" southoldq NY 11971 Mr. andEd,Dart P.O. Box NY peconic BOARD OF APPEA Southold Town H31 3?0 Box IL1799 53095 Mal Southold, NY 1197 M SMary Jo Peter . Birch LE White NY 926 1179' Wantagh u. OF AP'D BOARD Southold Town PO BOX n799 530951 Southold tat2www Gary Flanner 01 P.O. BOX 706 a NY Cutchogu Hahn Realty At tn: Suzanne Box 744 Greenport, NY 11944 BOARD OF APPEALS Southold Tovm Hall PO Box 1179, 53095 Main Road Southold, NY 11971 34 Mr. Henry Raynor Raynor -Suter Hardware 320 Love Lane Ma'ttitU11952 ck, NY BOARD OF APPEALS Southold Town H"11 po Box 11799 53095 Ma'n R" southoldq NY 11971 Mr. andEd,Dart P.O. Box NY peconic BOARD OF APPEA Southold Town H31 3?0 Box IL1799 53095 Mal Southold, NY 1197 M SMary Jo Peter . Birch LE White NY 926 1179' Wantagh u. OF AP'D BOARD Southold Town PO BOX n799 530951 Southold tat2www Gary Flanner 01 P.O. BOX 706 a NY Cutchogu APPEALS BOARD MEMBE;, Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C . Ostermann ��®® ® coo BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF AUGUST 14, 1997 Appl . No. 4497 - ANDREW AND NOREEN TOSCANO, Seller under Contract and Applicant per Conditions of Contract New Owners: JOHN PETERSON, DENISE FLANNERY PARCEL 1000-128-1-12 STREET & LOCALITY: 5225 Peconic Bay Boulevard, Laurel DATE OF PUBLIC HEARING: August 14, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low -Density Residential Zone District, being situate on the northerly side of Peconic Bay Boulevard, Laurel. This lot contains a total area of 6175 sq. ft. and as shown on the map submitted under this- application, the property is improved with a single-family dwelling and deck, all totaling approximately 3520 square- feet. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated June 20, 1997 as amended, which -reads as follows: q " ... In an R-40 'Lone, the rear yard setback on a lot with less than 20,000 sq. ft. is 35 feet. The 'as built' deck replacement encroaches two feet more than the original screen porch. The new deck creates a rear yard setback of approximately 19.5 feet. The original screen porch was 21.8 feet from the rear property line. See attached survey dated August 17, 1989. Also, Article IIIA, Ch. 100-30A.3 the deck construction causes allowable fot coverage to be exceeded by approx. 19 sq. ft. Article XXIV, Section 100-244B ...." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: For approval of reduced rear yard setback after construction of new deck "as built" with a size shown at 14 ft. deep by 16 ft. wide extending from the rear wall of the dwelling, leaving a principal rear yard setback at 19'8" and lot coverage at approximately 19 feet over the maximum permitted of 20 percent of the total lot area. The size of da �tS the lot is 6,175 square feet. ,ro,c�/� /roe 'G 4ACC--)_ Page - August 1-, 1997 Southold Town Board of Appeals Re: 128-1-12 (Toscano/Flannery) REASONS FOR BOARD ACTION, DESCRIBED BELOW: A similarly sized parcel of land to the north (1000-128-1-11) has a rear yard setback reduction at 25 feet (approved in 1989) . (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the yard is enclosed with a stockade fence giving maximum privacy. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the deck is "as built." (3) The requested area variance is substantial reducing required setback of 35 feet to 19.5 feet and modifying nonconforming lot coverage to a new calculation of 56.23%. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because it does not interfere with neighboring properties directly or indirectly. (5) The situation has been self-created since the replacement of an existing porch changed the measurements of the footage for the new deck. Applicant should have been aware of or informed of the setback requirements prior to building. (6) This action is the minimum that'Ahe Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the'' health, safety, welfare of the community. "r RESOLUTION/ACTION: On motion by Member Ostermann, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as applied, subject to the CONDITION that the deck not be enclosed. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, and Ostermann. This resolution was duly ADOPTED (4-0) . Member Doyen of Fishers _1§1ai4 was ab% 1) GERARD P. GOEHRINGER, CH IRMAN RESOLUTION ADOPTED AUG ST 14, 1997 Actions. all/ 128-1-12