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HomeMy WebLinkAbout464674%96 7-1111- -��Il �� /lAll 11-411,77 r,lo APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�o��SUFFO(�-coGy C+ x BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION SPECIAL MEETING OF JANUARY 27, 1999 Appl. No. 4646 — STEPHEN PESSINIS PARCEL 1000- 80-2-13 STREET & LOCALITY: 520 Oak Drive, Southold DATE OF PUBLIC HEARING: January 21, 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 subject lot is 90. ft. by 165 ft., or a total of 14,850 sq. ft. in area. The property is improved with a single-family frame dwelling located 47+- feet from the westerly front property line. Since the March 31, 1992 survey, repair/renovation work was completed on the dwelling as noted on the Certificate of Occupancy No. Z-21183. BASIS OF APPLICATION: Building Inspector's October 8, 1998 Notice of Disapproval, regarding Article IIIA, Section 100-30A.4 for the reason that this accessory (shed) building is proposed to be located in an area other than the required rear yard. (No other areas of the zoning code were addressed.) AREA VARIANCE RELIEF REQUESTED: To locate an 18 ft. wide by 12 ft. deep accessory shed at five (5) feet from the easterly front property line, at its closest point. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) The lot size and shape are typical of the neighborhood. All of the lots on the easterly side of Oak Drive and on the westerly side of Reydon Drive back up on the 25 -foot unnamed private road (of which the paved width is about 30 feet). That road is used as a sort of alley for vehicular access to the houses abutting it, and many of those houses have garages facing on the private road. (2) The presence of the private road behind applicant's house results in what is in practice the rear yard being treated as technically a front yard, where the Code does not permit a shed. Although the shed could be located at the north or south side of the ` 1 Page 2'— Janivary 27, 1999 Re: 1000-87-3-35 (Pessinis) ZBA Appl. No. 4646 house, such a location would result in an unsightly, crowded appearance when viewed from Oak Drive. In order to place the shed in a reasonable location, applicant needs a variance. (3) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the proposed shed is consistent with neighborhood structures in the yards abutting the private road, and is small relative to many such structures. (4) There are no factors present to suggest that grant of the requested variance will have an adverse effect or impact on the physical or environment conditions. (5) The grant of the requested variance is the minimum necessary and adequate to enable applicant to enjoy the benefit of a storage shed while preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER; DINIZIO; TORTORA AND COLLINS. This Resolution was duly adopted (4-0). Member Horning of Fishers Island was absent as previously agreed. / GERARD P. GOEHRINGER CHAIRMAN For Filing 2/1/99 1000-87-3-35 Y _�:u� Agt T f. GALN(yTICE - SO,UMOLDTOWN :d-vciynnivn.'�nnr..At.o A.__1.. 1T. •AY•1^I fa Se be or DtP un Z. So 10 Tj dei an Sel dw 16 Rc 10 A] V1 Re au VA in a yard azea ctfi6rlfa yard:deined by. the Code; ut X-2 -:Otik S outha7d� NSr,'Par`Ge)I i ( iva a vnasetm'8mrrim.n Alm: V' Ill.. H' nV ; Me,c a un_ building permit) Article and, Section 100-235A of the :ciion 100 30A.3, to con- Zoning Code; and the Building a deck addipon,with a Inspector's Notmce:of Disapp- 1 . 1tmmnationestab- and setback at less than pmval fo- at2150A;rowheadLane, lishing the. minimum construc- ;, NY; Parcel 1000-98-2- tion standards, for safe and suf- " . , ficientaccess for emergency and p.m. Appl. No. 4644- other vehicles totravel over des- k ��TR M�.. This is a re- ignated rights-of-way, extending rr a V -a ianee based upon northerly -off .the north side of Wing Inspectors Notice Peconic Bay Boulevard, Laurel, �provaldatedNovember over land identified as District $'(forabuilding permit), 100-30A.3, 1000, Section 127, Brock 8, Lot 17.3 to the lot LIdA, Section applicants vacant royal of an "as liuilt" en- (proposed for single-family mp addition with a side dwelling use), known as 430 back at less than the re- Diachun Road Laurel, NY; Dis- 15 fect at 1395 Sleepy trict 1000, Section 127, Block 3, Lane, Southold NY; Paz- Lot 10. Y78-1-10.20; alsoknown The Board ofAppeals will at 4 on theMap of.Sleepy. said time andplace hear any and FiledMapppppN0.61. all persons or representatives l. PPONCENo. ,4621- desiring to be heard or desiring T. Coimtract tosubmit written .statements be- fore the end of the above hear - r request for a Variance, upon the Buil Ing urg• Tye hearing will not start ea >esAugust26,1998No-_ ie Filesaze availableforrevmewdurm'gregu- )isapproval((forabuid- IazTownHallbusinesshours(8- Lit),Anc�leXXiV,Section. 4 m) Ifyouhavequestions -OLK than. 100-244B,toconstmctasingle- pleasedonothesitatetoca11765 ARK ss: line °. family dwelling with a front yard 1809. Peeg set back at less than 35 feet, at Dated: December 30,1998 AID Lot 702 Wi gins Lane, Greenport, NY- 100035-4-20. BYORDEROFUM being duly sworn, says tha a Ines 7:20 p.m. App1. No. 4649- . SOUTHOLDTOWN BOARDOFAPPEALS n Coordinator, of the TRAM 614 SOUTHOLD TOWN PLAN- NINU-BOARDbvB. Orlowski. GERARDP GOEHRiNGER a public newspaper printe( are_ Jr: This is anApplication for an airman ByLindaKuwalski, A County; and that the no t the 'the Interpretation, requested by the Planning Board, to consider Board Clerk 1X-1/7/99(11) innexed is a printed copy whether or not additional tables in said Traveler Watchmar dl and a'service area for alcoholic B beverages are accessory to a once each week for o food service, as determined by I the, Building Department in its ..................................... ...............................weeks d November 4,1998 Determination It (ref Site Plan Application of successively, comme cin on the ..... 1 y g ............. T) Acquisition . Corp. r (Dxossos/Drosco)atMainRoad, day of..... ......@ACL. 19..jn.. Greenport ;P 1100 45-1- - 12), The determination of the Building Department states that t !'theplannedrenovationcalls......... .......... .I ...... .... ... ............... I......................... for a- dmtional tables and a ser- vrc area for alcoholic beverages d accessory to the foodservice. Sworn to befor e this......... .. day of ............ s The;azea involved and number f tables arematters you may Q 19. a ............ ............... , have to cons i when review - phis vroiect. the use is per matted in thezone and the acces- / aeesisrvmce of alcoholic hover - is. mt to restaurants ...........�................................................................ inmtTown." Notary Public r This ineludes.a possible Tows% -wide lute rpretation BARBARA A SCHNEIDER t Zotun CoSection 100-91A m de NOTARY PUBLIC, State of New York regal: tog Restaurants and/or Dunkin Estab lisbnments in the No. 480664& 1 L usiness(LB)Zone pi_ Qualified in Suffolk / tracts oftbe,Tgpl. No-.4645- wnof Southold, 41.Am Commission Expires s1/�, h0 Ap � D �STE.Thisis a regi Tfot; a yarmance based uppotsrbs 2uilding Oct November 17, 3998 NottceofDis appr<av almmrildmglaemnt.0 Article Section 100-24413, o-'--to•�q�aterp{agesed $dditponfal- ,a at less iofthe md, at, up, NY; Parcel 1000-73- n.m. Atmt. Tits 464R. FORM, NO. 5 oPLs.er�iNv 7rM. �..' / TOWN OF SOUTHOLD BUILDING DEPARTMENT �•' SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL October 8, 1998 DATE: ............................ Stephen & Diane Pessinis To........................................ _12 Highgate Drive Smithtown, New York 11787 PLEASE TARE NOTICE that your application dated ......August 14 19 48 for permit to construct an accessory building at p .................. Location of Property520 Oak Drive Southold ............................................................. House No. Street Hamlet 80 2 County Tax Map No. 1000 - Section ........... BLOCK ........... LOT ..13......_.. Subdivision ...............................Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds the proposed accessory..._.. building being located on a non -conforming lot in an R-40 District is required to be in the rear yard. Pursuant to Article IIIA, Section 100-A.4. ............................... ............................... ............................................................................................ ............................................................................................ �LDI INSPECTOR RV 1/80 13� OF UEULT11................ 2ORH No. 1 . 3 SETS OF- IMAIS................ TOWN Or S607110i.U'' SURVEY ........,.,, ,.,......... BUILDING'MiYAR'1TIENT MUCK ... ,....'.:: TOWN ABTA. SEPTIC FOM ................... SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIPY:' CALL e>crnined.................. .19.... . MII. TO;................ M>[,rovcd.................. 19.... Penal f No. ............... ... ... .... ... .... Disaplurovel a/c ..................... ................................ ....... {1 15 14 11 ...... ..... U 0luildirg Insliector) APPLICATION 17OR`BUILDING'PSUMIT BLDG..LtSRT :rI Dgte.................19.... i T N' P UTtiO INSTRUCTIONS a. 'Ibia application zust,be,canpletely filled In by typewriter or in ink aux] sulnItted to the Building Tnspector wi 3 sets of plans, accurate plot plan to scale. Bee according to sdhedule. b. Plot plan during locationof lot and of buildings on Iireudses, relationship to adjoiai%, preaisea or public streets or, areas, and Giving a detailed description of layout of property oust be drawn on tlta diaaran mulch In part of tills application. c. Ilie Work covered by this application may not be conmenced beforg issum " of Building Penult. d. Upon approval of this application, the liuilding Inspector wilt team a Building Permit to the applicant. Sud, peanit shall be,kept on the preadses available for Inspection througlwot the Work. e. No building shall be occupied or used in chole or in part for airy purpose Whatever until a Certificate of Occupancy shall have been granted by the Ikillding Inspector. APPIICA[T(N IS F'LEiBSY LIA1le to, the Building Department for the issuance of a liuilding Penult pursuant to the Building Zone Ordinance of the loan of Southold, Suffolk County, New York, and other applicable Lara, Ordlj=Ces ar,r regulations, for the eoastruction;of buildings, additions or alterations, or for removal or demolition, as herein described. MFe applicant agrees .to conVly with all applicable laws, ordinances, building code, housing code, and regirlations,iand to adult authorized inspectors on premises and in build3� for necessary inspections. '(Signature of applicant, or nave, if a corporation) 1 � rii�j ak��Jr .Sn„-� � 1 � o av, N Y i 17.? .�... .........t. . dial iIiI% address of applicant). 3� j- Q3 State Whether applicant Is owner, lessee, agent, architect, engineer,'general contractor, electrician, plucber or bullck .......... ................................................/..............:............ I............................ Name of caner of premises ...... i. 1. jam¢ S) rt .S CCh .. � ant ................. Sil J ...: i.s.... (as on Ciba t'ax roll or latest deed) If applicant is a corporation, signature of duly authorized officer, (Nam arY1 title.of corporate officer)' Builders License No. Plurbers License No. ........ I........ Electricians license No. _ Other Trade's License No. I. Irheation of land on ehicu.proposed work will be done ............. o.:..........a................ louse Naber Street umut Ccxunty Tax lisp No. 1Q0Q()0 Section .....�:....... Block . :r. TOC .. �r.l. •.....:. Subdivision .. J� f4�.�77) J� at �S.... ....... Piled Hap, No....Y/.s: i:,.....'Lot ......... (lame) 2. State existing use and oc=vpancy,ot premises and intended use and occupancy of proposed construction: a. raciaeing-use acid occupancy.... I .............................. .... ................ . ,..... bend . Inted use aril occupancy .. 11 �[s,GL!^g� ° ` tc�f- . t .: Z aii U9 yvotm ..--�yc:.,.. .... ae°.srraneeti� .................. , .St ys,�i rarax3 m'fa7 tblura of cork (dm& %Aiidi apitl1ea0'° Wilding ......A. Addition ..; Alteration .......... Repair ............ itMMI ......... ,hens on ........... Other Work .................................. Nscription) Eatimatetl Cost .. ��?� �?fD :� fee ............................................ (to be paidon filing this application) If A"alling, txaiter of Baelllug units ....-.....: Antler of dwelling units out each floor ifgarage, txnher of cars...C) ................................ if business, ranaemial or mlim4foccupeney, specify nature and extent of each type of use ....... ............ ilimenslohs 6f existing structures, 1f any% Front ................. hear ............... Dep Gh Iktiglht .... .......... tbaber of stories..................... Dittensione of atntature with alterations or'odditionat Front ............... Rear ............... 1 .... height .................... Rxiber of Stories .......... 1. nfinenslotts of entire atructiont Fran ..... lk?..., la t .... Rear ......... ... Dept!) .. IfeitC to ) a.......... limiter of Stortea :.................... L Size of lots Front .................... Mar .................... depth .........:........... IU. Nits of Purchase... 1Rk ........:......7,.... titxne of Forter Amer ..�:'::...... - 11. Zoite or use district in %hicli premises are situated ......................... ...t.... #. =-<9...... ..... , ....... 12. rbcs proposed catstntction violate any zoning tact, ordinance n or regulation..... ' ,.... ... 13. Will lot he regraded ..... NQ. .. Will excess fill Its relloved from preniseat YES tt�QQ NJ 14. three of Amer of premises . AMI "' f........... Address , time of Architect .......... ..t......... Address ............................. T'hotte lb. ............ tkmof Contractor .... .........................I... Address ...... ........................none lb. .. IS. is tills property within 300 feet of a tidal mtlatxl4 s YM .......... NJ ... *IF YM, SQiI m TUdi 7idiSTFit8',liiFMrr HAY In tiL[?tiim. FIAT nTAGRAH? f= praperty lines. Diva Ittreat and U1ock tamper or &strip uhetber interior or corner lot. D tYK i ut ?3 t 7�1 i -DANE RP �9a 1 Ey'I �rnfc 5t �- ta' SI'Klil ut till Yom, ,``// e — E Indicate all set -tuck dimensions and shad street'rtntea eni'i'indicate ins at 1afi � ,, 5kVre 4 Kkp &51 x 12 56-6c .7t 0.t �, :.n :5 . ix�i being duly q g sunt; t eix>nes atxi nays idE-lie is Floe appFiumt (Nunn of Individual signing contract) abort ttn:,ed, lie is lite ............ ...... OW.....i... ....... ....................... (Cm+trsctor, agent,. corporate officer., etc.) Of said cm*r or wnera, ntxl is duly auUloriied to perfon+h or have performed Lite said work atxl' to nrtke and file this nlq>I lcntitnr, L6nt ell statements contained in title nlrplicaticm are tree to the hest of his knwledge otxl lx>lief; ox) that Lite wurk will be perfo n the mnrnter set forth in Lire appliaatitnt filed tbterewlth. .) o l(Lo before ne this \`..... 1 .. .tiny f Notnty LRdtlic . !%��' . \ f • • • . ROBERT 1. SCOTT/J/R/. CSigtutlhtre of Allptlennt) gi 137'41 /Zp le yb` C s"v I Vs0,.irzz TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISIOt-1 OFBUILDINGINSPECTOR APPEAL HO. DATE ... )a.::�.Cq. ...... /j.¢,.t ,& s -t +t_n TO TI IE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, N Y t�+ p '�% r r )� '/ 1, (We) .�kY�.. (:�;'.� ...t.°B?cSl ft;.l 5....... of .5".C�et�l;.�a' Name toff Appellant Street and Number 3�!— 9� .......................... lt .................................... I ........UEREBY APPEAL TO MunicipalitySt to THE ZONING BOARD OF APPEALS FROM TI IE DECISION OF TI IE BUILDING IIt�t,ISPECIOR ON APPLICATION FOR PERMIT NO. ......................... DATED ......... �:f R......................... WHEREBY THE BUILDING INSPECTOR DENIED TO ��—y Cr1� jj��tSSt n,t.S Name of .Applicant for permit of K... 2 ............... I....1`�.......................... Street and Number Municipalitytate ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY nom` �i 8L,:,r t cam_ 1. LOCATION OF THE PROPERTY .:2:v J...(lAa�... 3....<�"� �ao� f �( :i��.................... ............... Street /Ilamlet ! Use District on Zoning Map District 1000 Sectiongo Blocko?.Lot/3. .._...........__......................_.�..... - current Ovrner f`}�P-��n `�i�.ti� �-eSsl rats Mop No. �n �� Lot No. 3(-33 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 -TaA- Section IL770 AJ* i4o 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ('"t/A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Caws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (hos) (ras no been made with respect to this decision of the Building Inspector dr with respect to this property. Such appeal was ( ) request for aspecial permit ( i request for a variance andwas made in Appeal No.................................Dated............................. r .......... I............................. . REASON FOR APPEAL ( ) A Variance to Section 280A Subsection. 3 ( *1� A Variance to the Zoning Ordinance is requested for the reason that tri% Glp-t�e Foran ZIII _ (Continue an other side) 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: 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: Wei.- 7 -✓o-G-.-.. - U �-�.� 41 aa --,v ' 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 p_ f �;•�j,-�-- 1��..li---�- ;�z-�-.` lam-.. ��� �-f<�..� 5. Has the alleged difficulty been self-created? ( ) Yes,. 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) Agent must attach written consent from owner. Sworn to before me this Weld day of 19 ?" . tary Public LINDA I COOPER rotary Public, State of New fork No. 4822563, Suffolk County �crat.varltemp TernpEgdresDecember31,19 �g OWN OF SOUTHOC 00OPERTYRECORD CARD, M -/a OWNER STREET VILLAGE DISTRICT SUB. LOT 3 3 '3 P en . ;awe r✓t 3..•r t - �- FORMER OWNER N E ACREAGE - I'd2 1 fur S W TYPE OF BUILDING f0 SEAS. VL. FARM COMM. I IND. I CB. I MISC.. Est. Mkt: Value - LAND IMP. TOTAL DATE REMARKS G 0 01q.2 - L I filz p2A9 - ti l i i e r- '% fi-c rst' I> d o " DD a 366 a�t�e s ;n bweli;Y, _: c ao q7 -L 11$11 *55T- Furs i- ;v '7�sp M. Bldg. L L X 7' - o ziqFoundation_ Extension Basement �! �, Bath Floors — Extension Extension' X Ext. Waifs Fire Place Porch Porch a Interior Finish Roof Type Rooms 1st Floor - q_ Breezeway ■ Patio — - Rooms 2nd Floor Garage Driveway Dormer O. B. M. Bldg. L L X 7' - o ziqFoundation_ Extension Basement �! �, Bath Floors — Extension Extension' X Ext. Waifs Fire Place Porch Porch a Interior Finish Roof Type Rooms 1st Floor - q_ Breezeway Patio — - Rooms 2nd Floor Garage Driveway Dormer O. B. MAF P!r&C4)L,(JY ':-UQ'%/F.YED MQ ET j AT BHYV I EW TO\^/t,i Or SOUTHOLO i MY SCALE -40',- I" G!MOWUMENT Q, PIPE ,AREA-1485QSA ns Sub GUAPANTEED TQ'AMEQICW TITLE AS 13U(ZVEYEP 2ODERIC14 VAW TU YL RC, QZ C -i wni Z 0 (Tt, °5.6948 40 ui 47t CI Sway Fr?,Ho .2 GAR- cc) < > A 7 M -69-46-40'W. 165.0 0 001 MAF P!r&C4)L,(JY ':-UQ'%/F.YED MQ ET j AT BHYV I EW TO\^/t,i Or SOUTHOLO i MY SCALE -40',- I" G!MOWUMENT Q, PIPE ,AREA-1485QSA ns Sub GUAPANTEED TQ'AMEQICW TITLE AS 13U(ZVEYEP 2ODERIC14 VAW TU YL RC, �tl January 29, 1999 Mr. and Mrs. Stephen Pessinis 12 Highgate Drive Smithtown, IVY 11787 Re: Variance Application Dear Mr. and Mrs. Pessinis: Enclosed please find a copy of the Appeals Board determinations rendered at our January 27, 1999 Meeting. Copies have been furnished to the Building Department as an update to their pending application and record. You may wish to contact the Building Department directly for the permit (765-1802). 2/1/99 Copy of Decision to: Building Department Very truly yours, Gerard P. Goehringer .Ch6iYman .:. ; r FORM N0. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. No Z-21183 CERTIFICATK OF OCCUPANCY Date NOVEMBER 27, 1992 THIS CERTIFIES that the building REPAIR/RENOVATE Location of Property, 520 OAK DRIVE SOUTHOLD House No. Street Hamlet County Tax Map No. 1000 Section 80 Block 2. Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 28, 1992 pursuant to which Building Permit No. 20993-Z dated OCTOBER 1, 1992 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is REPAIR & RENOVATE EXISTING ONE -FAMILY DWELLING AS APPLIED FOR. The certificate is issued to MICHAEL D. FURST (owner) 17 - of the aforesaid 'building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N 241618 NOVEMBER 2, 1992 PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 OUNDATION (1st) OUN'DATION (2nd) ° OUCH FRAME & •PLUMBING I I - - cn cr O NSULATION PER N. Y. STATE ENERGY CODE I CA H Irn [7 ' FINAL O `Alr= H Of ADDIT PIAL COMMENTS: .. ^v • 9 ' O C7 d r' V '•c .'•il.! r50 Ar S' ..� tea' � 11� [ 1��_ � •. j� � �� . Ar IELHZZAB ETIE][ A. N EVML E TOWN CLERK REGISTRAR OF VITAE STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER J. P ®IEIFH(C E ®IE TIFIIIE T®WIC (CLERK TOWN OF SOUTHO]LD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: December 2, 1998 Town Hall, 53095 Main road P.O. BOX 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RE: Zoning Appeal No. 4646 - Stephen and Diane Pessinis Transmitted herewith is Zoning Appeal No. 4646 - STEPHEN and DIANE PESSINIS for a variance. Also included is: photographs; ZBA Questionnaire; Transactional Disclosure Form; copies of survey; picture and description of shed; Notice of Disapproval from the Building Department dated October 8, 1998 with copy of Building Permit application, property record card, and survey attached; and copies of survey. APPLICANT TRANSACTIONAL I)iscLoSunn IFORH The Town of Southold®s Code of.Etttics 2rohibibs conflicts interest on the .part of town officers and employees® The purpose of this form is to provide information which can alert the town of 20ssible conflicts of interest and allo ib -bo take whatever action is necessary to avoid same® YOUR NANK: P -GS 5 ),n i`s , �0(av►Z /M, (Last-named 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.) includingDo you personally (or through your company, 'spouse, sibling, parenb, or child) have a relationship vibli any officer or employee of the Town of Southold? "Relabionship" includes by blood, marriage, or business interest. "Business interest" means a business, a partnership, which bhe town officer or • • partial ownership of employment •y) a corporabion the town officer or employee owns more than 5% of the YES NO If you ., • • balance of • and tate and sign where indicated. Aame of person em• .r ' - • by - Townof Southold Tible or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee® Either check the appropriate line A) through D) and/or describe in the space provided® The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply)s A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); D) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is riot a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this c>�- day of 199 Signature Print; name �i,a -e 11A.�e.SS i rV I QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fend which exist and are not shown an the survey map that you arm submitting? If none exist, please state "none." G. Do you have any construe ion taping place at this time concerning your premi�§es? M C2 If yes, please submit a copy Of your building permit and snap 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? NQ If yes, please explain where or submit copies of deeds I. Please list present use or operations conducted at this parcel and Proposed use Autnorized Signature and Date 3/87, 10/901k - -r NOTICE OF PUBLIC HEARING SOUTHOLD TOWN .BOARD OF APPEALS THURSDAY, JANUARY 21. 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; JANUARY. 21, 1999 at the time noted below (or as soon thereafter as possible): 6:55 p.m. Appl. No. 4646 — STEPHEN PESSINIS. This is a request for a Variance, based upon the Building Inspector's October 8, 1998 Notice of Disapproval (for a building permit), Article IIIA, Section 100-30A.4, to locate an accessory building in a yard area other than a rear yard defined by the Zoning Code, at 520 Oak Drive, Southold, NY; Parcel 1000-80-2-13. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard or desiring to submit written statements before the end of the above hearing. The 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 the Board of Appeals' Office at (516) 765-1809. Dated: December 31,1998...,; BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD R. GOEHRINGER CHAIRMAN By Linda Kowalski ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK _------- ---------x art the Matter of the Application of c� �. �� i c�1�.6�1 � �eS S 1 ►� i $ . (Names of Applicants) Parcel ID 01000- 212 COUNTY OF SUFFOLK) STATE OF NEW YORK) D VIT vsUW Leg I JAN v y 1gg9 jay)e- AA, �eSS i'� � S residing at S -,o u,41,©l oL , New York, being duly sworn, depose and say that: On the Y71� day of �P' 91999 , I personally mailed at the United States Post Office in 161115 19�k , New York, by CERTIFIED MAIL, RETURN RECEIPT RE ESTED, 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 (assessors, or ( ) County Real Property Office J'n SLA I•.otc, , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (signature) Sworn to before me this 4944 day of KATHR) c. State of New York _ _ Notsfyy No. p185053102 n E to Public) ®t�alafoed` es December ��g�8ssaon ��� PLEASE list, on the back of this Affidati�it or on a sheet ofPaper, the lot numbers next to the owner names and addresses for which notices ivere mailed Thank you. ����� c. "71 Vow- � —� le t� �• cxb C. 6-e-c,k R Cox 410 ��l zl-e� Nl,q o3og Z 591 103 823 US Postal Service Receipt for certified hMaH - T \/Z 591 103 819 US Postal Service Receipt for CerUffoed Mail No Insurance Coverage Provided. Do not use for Intprnatinnal Mail /.Sap rpvprapl Coverage Provided. No Insurance Do not use for International Mail See reverse Sent to MRS, e3�R7a� Street Number D R x Post Office, State, & ZIP Code / 19 l So Vi $ 3 7 - Postage $ Z 3 Certified Fee j Special Delivery Fee Resirl e6 D j Y F�q� Special Delivery Fee Reim -e $howin V Who &D -fivered r ` / fje lr eceipt Shove e Wm, Rett ei 6ow� QTAL Po es Date ddressee' E V $ 7 �7 TO o �$2�/ e eoelS' wing to Postma I Lo M rn .Q Q IL U) EL Sent to M Clfii-gLE,S 7 36C' C C EC -K Street & Number fere ,2 IJA V/ 0 Post Office, State, & ZIP Code WRLPoLE ;JN 0:3609 Postage $ 3 7 - Certified Certified Fee 3 Special Delivery Fee j Restri ry Fee Lo < Special Delivery Fee MAw to D 9 V q*fah'ate �K a R��ip Showing / m o'+Nh m, te, & A dre�see'ss Add ess Rett ei 6ow� QTAL Po es $ E V r Z 591 103 820 US Postal Service Receipt for CerNed Mail No Insurance Coverage Provided. no not imp. fnr Intarnatinnal PAnil LCpa rm—mal Sentto M9 GAY Street & Number 66— gyp, 190 �x ass Post Office, State, &ZIP Code ) J q ,7 ) 5�Du7Noz-D Ny Postage $ Certified Fee j Special Delivery Fee Restricted Delivery Fee Special Delivery Fee Retu ei ' g to �1 W}fo leer ReC ec tl win o�t� , Rett ei 6ow� E4e & Ad @`e's Addr O AL Posta e &Fe $ 7 `Pdst rk or e eoelS' wing to U ` ✓ i rn rn .Q Q 00 M E i Lo rn rn Q 00 €"J ff ILL U) EL Z 591 103 821 US Postal Service Receipt for Certkiffied Mail No Insurance Coverage Provided. Do not imp for Intprnatinnal Mail lSee reverse) Sent to MS fiJ)(—MIa McEAI tlld Street & Nmber I q? S 9 44 y -)X -)A/ Zbp` Post Office, State, & ZICo de I) g 1 Sow 7-pho Ny Postage $ 1,3 Certified Fee r Sf Special Delivery Fee Restricted Delivery Fee Return Receipt Showing t K Y Whom & Date Delivered ,.,, Return Receipt Showing jjo' do Date, & Addressee's Ad. r69 TOTAL Postage &' Fees i $ a d Postmark or Date Y. , Z 591 103 822 US Postal Service RecMpt for Certified Bail No Insurance Coverage Provided. Do not usp for Intprnatinnal NAail LQaa mi -I Sent to MR ZE;vM is KEf=/✓ Street & Number q-,_0 0'q4 gyp, Post Office, State, & ZIP Code 15z u' L4 oL-b j r! y 114 7/ Postage $ 3Z r Certified Fee , 3 Special Delivery Fee Restricted Delivery Fee Rett ei 6ow� o e . - N e eoelS' wing to NO Addf ee's'Addre P T L Post ik e $ "� 7 c a or D -- v� ft��. ZONING BOARD OF APPEALS TOWN OF SOUTAOLD:NEW YORK In the Matter of the Application of �eSS I. r d S (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- $® x COUNTY OF SUFFOLK) STATE OF NEW YORK AFFIDAVIT OF POSTING I, - 77 ��s St'r� o .S- residing at 5, 00'K�— OL , New York, being duly sworn, depose and say that: On the 9 4'�- day of 0—a r) , ,1999 , 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 i place for seven days prior to the date of the subject hearing date, which heari ate s shown to be 0-o,rll al Mq . (Signature) Sworn to before me this ® q day of , 19 n r / (Notary Public) CHRISTINA BUCCINNA Notary Public, State of New York No 01 BU502f 230 Qualified in Suffolk County Commission Expires *near the entrance or driveway entrance of my property, as the area most visible to passersby. �l1 [�l ��l �:I a�\: OFFICE OF ZONING BOA RD 4F APPEALS' 53095 /Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 December 30, 1998 Re: Chapter 58 — Public Notice for Thursday, January 21, 1999 Nearing Dear Applicant: Please find enclosed a copy of the Legal (Notice describing your application. The Notice will be published in the next issue of the L.I. Traveler Newspaper, the Town's official newspaper for 1998-99. 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 location of this project with the setbacks and use noted. Send this Notice, 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. 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 1/13/99. 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 postpone your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Updated 1- 4, mp FOR BOARD AND STAFF USE New Information AL �Z4 Southold Town Board of Appeals WE -7- May 259 1972 PUBLIC HEARING: Appeal No. 1537 - 8:20 P.M. (E.D. S.T.) , upon application of George Millar, Oak Driva, Reydon Shores, Southold, Now York, for a variance in accordance with the Zoning; Ordinance, Article III, Section 301 to build an addition on existing building with insufficient side yard. Location of property: Map of Reydon Shores, Lots 319 32 and 33, Section D. Southold, New York. Fee paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal -notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. (The Chairman noted that the application had not been notarized. Mr. George Ahlers, B ldr., Inc. a/c George Miller was present. The Chairman: (addressing P1r. George Ahlers) Do you swear this is the application of George Miller and that you are signing it on behalf of Mr. Miller? Mr. George Ahlers: I do. - The affidavit was witnessed and signed under oath 5/25/72 by George Ahlers and Robert W. Gillispie, Jr.) THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. GEORGE AHLERS: The house was built fifteen years ago and was originally laid out as a summer home. The people who own it would like to retire and need more space for a permanent home. They would like to add a bedroom to the left side of the house. This is really the only side on which it could be put. It would not be feasible to go to the right side because there is a carport on that side. The reasons stated in the application are valid. The remaining sid®yard would have sufficient area according to zoning laws. It is an older neighborhood and many of the homes are built close to property lines. THE CHAIRMAN: The application is accompanied by a Van Tuyl survey dated June 10, 1971. MR. AHLERS: If we added on 14 feet on the north sidethe re- maining sideyard would be approximately 6 feet instead of 10 feet. This lot is just over the square foot minimum requirements but the other side yard is over 25 feet. THE CHAIRMAN: This is in a region of. substandard lots. There are many infringements of side yards. Does anyone also wish to speak for this' application? THE CHAIRMAN: Is there anyone present who wishes to speak against this applioation? MR. LAWRENCE PRESBY, Reydon Shores, Southold: I live on the north side of the property. I certainly don't speak with the intent of being a bad neighbor. I think the word in the legal notice summed it up well "insufficient" land. I would not presume to tell Mr. Ahlers Southold Town Board of Appeals -8- May 250 1972 anything about building but the applicant does have a considerable amount of property to the rear. The side on which they have chosen to build is the side with the least amount of land and it comes within six feet of my property. THE CHAIRMAN: What is the area of the property on the south side? MR. AHLERS: I think it is over 25 feet. THE CHAIRMAN: The size of the carport is 8 feet. MR. AHLERS: We want to add an addition to the carport and we want to add a bedroom. We intend to add on both sides. The carport will remain a carport but it will be enlarged. THE CHAIRMAN: Is the present carport a part of the house? MR. AHLERS: It is all one roof line. THE CHAIRMAN: So the proposal is to add 8 feet to the carport leaving a 14 foot sideyard on the south sides, and to add a bedroom on the north side which will leave a six foot side yard. Due to the interior layout of the house it is a matter of practical difficulty to put the bedroom on the other side of the house. MR. ,AHLERS: It would entail more expense to the owners. THE CHAIRMAN: In the original Ordinance the thought was that the Ordinance provided for undersized lots. It was recognized that not all lots have 25 feet in sideyards and that, in some cases, the sid®yards were considerably under that. An individual was permitted to come in here without requiring a variance. and obtain a building permit from the Building Inspector where the sideyard was reduced not more than 50 of the existing sideyard. If it went below 5 feet then a variance would be required. This has been a practice in the Town of Southold for some time. The reason ice. Ahlers is here is that this is an undersized lot overall. There would have been no difficulty in obtaining a building permit from the Building Inspector prior to passage of the new Ordinance -which jumped from 12,500 sq. ft. to 40,000 sq. ft. None of the lots in this area would conform. I am explaining this situation because I think the Board should grant this application. MR. LAWRENCE PRESBY: I wonder if they could go to the rear? MR. AHLERS: We considered that but the general layout of the house doesn't permit it. If you take the hall away (which you need to go to the rear of the house) this would leave such a small room that it would not be practical. Your house is over quite a bit to your northerly property line. MR. PRESBY: We have present plans to build in that direction but not to the point where we would need a variance. We would be 13 feet closer to Mr. Miller's property. Southold Town Board of Appeals -9- May 25, 1972 MR. HOWARD TERRY., Building Inspector: If the room size were to be reduced it would not meet the Housing Code. THE CHAIRMAN: Does anyone else wish to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to build an addition on an existing building with insufficient side yard located on Oak Drive, Reydon Shores, Southold, Now York. The Board finds that this is an undorsized lot overall, that this is an old development and a large number of homes are close to property lines; with a 14 foot addition there will still be a 6 foot side yard on the northerly side of the house; with an 8 foot addition to the carport, there will be a 14 foot side yard on the southerly side of the building. The interior layout of the house makes it impractical to locate the additional bedroom on any other side of the house, and if the room size were to be reduced applicant would not meet the Housing Code. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. On motion by Mr. Gillispie, seconded by Mr. Doyen, it was RESOLVED George Miller, Southold, New York, be GRANTED permission to build an addition on existing building with insufficient side yard, as applied for. Location of property: Map of Reydon Shores, Lots 31, 32 and 33, Section D. Southold, New York. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. PUBLIC HEARING: Appeal No. 1529 - 8:30 P.M. (E.D.S.T.), upon application of Lillian M. Huhnken, 3511 Taft Street, Wantagh, N. Y., for a variance in accordance with the Zoning Ordinance, Article III, Section 301, to divide seven lots with existing dwelling into three lots. Location of property: Track Avenue and Stillwater Avenue, Cutohogue, New York, Map of M. S. Band, Lots 46, 47, 48, 73, 74, 75, and 76, Cutohogue, Now York. Foe paid $15.00. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application?