HomeMy WebLinkAbout4703�
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APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JULY 1, 1999
Appl. No. 4703 - MIKE MORRISON
STREET & LOCALITY: 55 Pequash Avenue, Cutchogue 1000-102-3-7
DATE OF PUBLIC HEARING: June 24, 1999
FINDINGS OF FACT
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 16,143 sq. with
99.86 ft. frontage along the Main Road and 153.90 ft. along Fleet's Neck Road (a/k/a Pequash Avenue) at
Cutchogue. The property is improved with a single-family 2-1/2 story frame house with deck and 1-1/.2
story barn/garage.
BASIS OF APPLICATION: Building Inspectors April 20, 1999 Notice of Disapproval citing Article IIIA, Section
100-30A.4 of the Zoning Code with respect to a location of a proposed swimming pool in one of the lot's two
front yards. The code requires a rear yard location with a minimum rear setback of three feet.
AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance to locate a proposed 14 ft. by 28 ft. in -
ground swimming pool with fence enclosure to be located in the southwest yard area. No raised decking or
raised patio area is proposed. The setback of the pool construction is proposed at approximately 18 feet
from the south front property line at its closest point. No raised deck or patio areas are proposed in this
application.
ADDITIONAL INFORMATION AND EVIDENCE: Along the front property line of Fleet's Neck Road, on
applicant's property, are a continuous row of hedges which screens Yard areas from view.
REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board,
and personal inspection, the Board makes the following findings:
1. Grant of the area variance as applied will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties because the proposed location of accessory pool is at least
80 feet from the intersection of Main Road (Route 25) and Fleet's Neck Road (a/k/a Pequash Avenue).
Although the proposed pool would be set back a minimum of 15 feet from the westerly property line (along
Fleet's Neck Road), the pool will be screened from this road by privet hedges existing along the boundary.
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue,
other than an area variance because there are septic systems and large mature trees existing in the rear
yard that prevent the location for a pool there.
3. The requested variance is not substantial because applicant's need for a variance is created by the fact
that the property has frontage along two roads (two front yards), and applicant's request conforms to code
requirements with regard to setback from Main Road (State Route 25).
4. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
Page 2 - July 1, 1999
ZBA Appl. No. 4703 - M. Morrison
Parcel 1000-102-3-7
S. The difficulty has not been self-created.
In considering this application, the Board deems this action to be the minimum necessary and adequate to
enable the applicants to enjoy the benefit of a new swimming pool, 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 Lora Collins, it was
RESOLVED, to GRANT the variance, as applied for, subject to the following CONDITION:
Screening over 4 ft. height along the westerly front yard area is required and shall be maintained,
except for the first 30 feet from the intersection which is restricted to a code height limitation of 30
inches.
VOTE OF THE BOARD: AYES: DINIZIO, TORTORA, COLLINS, HOR�f INC�fVAY: and Go ringer. This
Resolution was duly adopted (4-1). / / j A
GERARD P UOEHRINGER,_G AIRMAN
For Filing about 7/7/99 /
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
DATE 1I7 �9� HOUR Z.'60 PA4
Town Clerk, Town of Southold
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OF NEW YORK)
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.J jl�an F, I I ) (I I 1A of Mattituck, in said
unty, being duly sworn, says that he/she is
incipal clerk of THE SUFFOLK TIMES, a
;ekly newspaper, published at Mat tituck, in
e Town of Southold, County of Suffolk and
ate of New York, and that the Notice of which
e annexed is a printed copy, has been regu-
•ly published in said Newspaper once each
;ekfor weeks successively,
mme4cing on, thA _ LrA day
C",
Principal Clerk
)worn to before me this
flay of 4A,,e, 195
TMARY DIANA FOSTER
NOTARYPUBLIG, STATE OF NEVV YORK
� W 52.4655242 SUFFOLK COUNTY
COMMISSION EXPIRES AUGUST 31,19
a'
x'
FORM No. 3
TOWN OF SOUTHOLD j �((� ` IQL.
r�
pU // BIIILDING DEPARTMENT �' J APR,,
099 ' }
3� SOUTHOLD, N.Y.0
til J�: i tl(;
tp
CCC����06 i #
LQ5 ' NOTICE OF DISAPPROVAL :[o
DATE: April 201.1999_......
To ..........
P0Box 9
........................................
Cutc % a NY 11935
PLEASE TARE NOTICE that your application dated-_M;?FCh.3Q,.a9 4._.,.. ........
for permit to construct an accessory ngroynd swimming pool
....... M.. ..... .. ....... .. ...... at
Location of Property...30100 Main Road C tcho ue
............................................g...........
House No. Street Hamlet
County -Tax Map No. 1000 Section .:102 ...... BLOCK ...3....... LOT .I T.
Subdivision ............................... Filed Map No. .........Lot No.
is returned herewith and disapproved on the following grounds that the proposed._,_,,__.
.gS�S�55q�Y.�4g�gµ8�.SKi®ligg..pool _is. q the. fzont, yFFd. dF€ii:..�4$�F.QFCI�Ie.IIIQ... _.....
Section 100-30A.4. Accessory buildings, buildings and structures or other
...................... ........................_.... ..............................
accessory uses shall be located in the required rear yard.
........................................................................................
(Lot coverage +/- 13%)
........................................................................................
..................................... ........
BIIILDING INSPECTOR
Michael J. Verity
RV 1/80
3RD OF HEALTH..:..............
FORM NO.., 1F 3 ,SETS OF FLANS .
TOWN'a01? SOUTHQLD . SURVEY'..
BUILDING DEPARTHENT CHECK
;TOWN MALL SEPTIC FORK .......
SOUTHOLD, N.Y. 11971
TEi: 765-1802 NOTIFY: 7 -
zgiD
Examined .................. 19.... HAIT. TO: ........,..::.......
A14)rovrd.................. 19.. llen/ni t No :... ......
Disapproved .a/c �O y.! l�d....................................
l D L tuJ L5 (Building Inspector)
3 0 1M APPLICATION FOR BUILDING PRIOII'T
Date.. l...., 19.x.6..
16LOG: QEPT, ' "
T^ Nt4 0c SOUTHOLD INSTRUCTIONS'
a. 'this application must be completely filled in by typewriter or in Ink and srlmitted to the Building Inspector wi
3 sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan shoving location of lot and of buildings on premises, relationship to adjoining premises or ptiblic
streets dr areas, and giuinga detailed description of layout of property must be drawn on the diagranrilriril is part of
c. 'Ire work covered by this application trey riot be commenced before issuance of Building Permit.
4. ;lipon approval of thia application, the Building inspector will- issue Building Permit to the applicant.. Such
permit shall bekept on the premises available for inspection throughout the work.
e. No iuilding shall be occupied or'used 'in whale or in part for any purpose whatever until a Certificate of
Occupancy, shall have been granted by time Building Inspector.
APPi:ICNrIM IS UERESY MAIL to the Building Department for the issuance of a Building Permit pursuant to the
Building Tone 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
regulat ions, Tana to admit authorized inspectors or premises and in building for necessary inspections.
...............
(Signature of applicant, or nage, if a corporation)-
(Mailing address of applicant)
State cihether applicant is wryer, lessee, agent, architect, engineer,'general contractor, electrician, plumber or builde
.-4. .........................:...................
Name of owner of premises rii�%..%� �?�i%z . ` . T// M, /� %'i(Jil/iii� ..... ...................... .
(as on the tax roll or latest deed)
if applicant is a corporation, signature of duly authorized officer.
�....... ..........
(Nano and; title of corporate officer)
4-PlBuilders License No.....1i.l�.:1.4�1. ,;m �04-
Plumbers
mbers License No. .........................
Electricians i.icense No . .... ..............
..
Other Trade's License No . ............ I.......
I. incation of land on mdrich p gxnw]^wor,k will be rkx-e..............................................................
:.�. ........ ,tom!.. ......T.f5.. ..........
Douse Numiuer Street Healet
County Tac lisp No. 1000 Section ../f �Uv��.,��....... Ulack ...S ......... Lot ..7 ...........
Subdivision 1`lu, �a'4YV ,. ? ? /c4it!... Filed Map No . ..... :...... Lot ...............
(Name)f
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy..a4:? t l`?�G'%...w /y? ..%1GCl�5L:......................................
b. Intended use aux] occupancy
SIHTATEAHTMAMM ?e�4I
ihoY *wall to sis$Z ,01.t$U9 YRATOW
vlmvgDA ivy," t 500aT2TG.0'r1
_:v. ,r en�L eHYigx3 mlol'
3. Nature of work (check %Aiidt applicable) Neu Building .......... AdditionAlteration ...
Repair ............ Removal ............. Demolition ............ Cher Work �>!�s.�."''4 .... `� �r!�!�`h�r
(Description)
4. Est ineted Cost %C?�Li p� ......... fee ...
(to be paid on filing this application)
S. If ik elling, ixrnber of dwelling unit's ............ Gnber of (twelling :nits on each floor ................
Ifgarage, umber of cars ......................................
6. If lxminess, ornnercial or minedocnarpancy, specify nature and extent of earl type of use.........................
T.. Dimenaiois of existing structures, if any: Front....m2lr......... .Rear .vlrG......... Depil:... .............
IkhiglLL..34) ................... ................. Naber of Stories . rr.Z...............
Dimensions of sane structure with alterations or acklitions. Front
Depth Height i'.
' .................C.. ilei LL ..... .............. Nnher of Stories .... .....,,.i..
S. Dimensions of entire new construction: Front ................ Rear ............... Depth
Ikeioht ......................... Naiher of Stories .................
..... Depth / .
9. Size of fat.. Front /4Q..............Rear ...r1%.�1 ... I ...lb1}
10. Date of Punliase ..................... Nano of Former Owner ..................... t s:...:..... ..,.
11. Zana or use district in shier premises are situated .....c�.�................. ...........?...
12. Does proposed construction violate any zoning law, ordinance or regulation:
13. Will lot be regraded ............. Will excess fill be removed from premises: NO
14. Manes of owner of premises '' _ 'Fiale No;T-4A
.5
Name of Architect.....................................Address .. ..... .... Pham No:. ............
Nuke of Cmtractor.......... Address-710:Wx5.......Hwne No.73 ?4 a4S.
15. Ta this property within 300 feet,of a tidal wetland? * YES .......... NO......
*1F YES, SONIliID TM 1XISMS PERMIT M&Y BE M, FIRED.
PLOT 'DIAGRAM -
Locate clearly and distinctly all,buildings, %tether existing or ,proposed, end indicate all set-badl dimensions,
from property lines. Give street and block ouiber or description according to deed, and slow street nenes arxi'imlicate''''
whether interior or comer lot.
arNIE OF NiW Y01K,
... � ! ...�/. ......... ..'........,... ....being duly sworn, deposes and says that be is U:e applicant .,
i'.(Nmxe of individual signing contract)
lie is the ... 4— n .rn o' -. ........... ..._...... ................... ........................
( itractor agent, -corporate officer, etc.)
of said owner, or owners, six[ is duly authorized to perfon or have performed the said work aixl to niake arxl file Lhis
al4A icatian; Haat all seaterentscahtalnedin this applicationh are true to the befit' of bist knowledge aixl belief; ux]
that the work will be perfumed in'the nenner set forth in the application filed therewiti.
&xhrn to before me,t is
0. clay t:f/!//1J��/ . . ......
Notary Publi
EU7J4WMASTATHIS (Signature of Applicant)
NOTARY PUSUC, State of New York
No.01ST6008173. Suffolk County
Term Expires June 8.20.!Z.'
rg, w ._ . u s Exb{xae'r t g• "S r
2%mr st i
l�E��IIeri ?pia 04 vt
APR 3 G 199
[Own Clerk Southold Y13 313
jy
TOWNOF SO(1T11OLD, NEW 'YORK
APPEAL ,[ EtOH D,,EC 4SbON OF 13UILDING INSPECTOR APO
h '-
�' .. 4.. �1
TOT E ZONIN OARU OF APPEA S TOWN OF SOUTH i $ r p
weM» .. ......
Nome, of Appellant Straet�nrid tlum
un3tc polity 'St0 - ..HEREBY APPEAL --TO
THE LOIJING BOARD.OF,.APPEALS FROM.TI IE DECISION OF TktB BUILDING INSPECTOR Of-
APPLICATION, FOR PERMIT No . .................................... DATED ..............:? O ...�51,...................
WHEREBY TFIE HULLOING INSPECTOR DENIED TO
Nome of Applicant for permit
of
( ) PERMIT TO US
( ) PERMIT FOR fJ
9x' 9 eiccTGbbey,/� rt✓./..
... ,....
..............
aril Number Municipality State
ikt C,G x5012.-�__ (h1 C-1�pU i�)i> � iM l✓1 i�Ca �dv�
1. LOCATION OF THE, PROPERTY 02....N�-
.....
Street ........ .........
/iiamlet
Uss District on Zoning Map
District 1000 Section /OZglot k 3 Lot ^7 Current Owner J�t:� / %, ,els-W
Mop No. — Lot No. Prior Owner. j4d–C1W.7ff4
2. PROVISION (S) OF,7H ZQN,ING ORDINANCE APPEALED (Indicate the Article Section, Sub•
section and Porogroph of the Zoning Ordinance by number. Do not gpote the Ordinance.)
Article#) Sectibn /�Tl –.0-4,'
3. PE OF APPEAL.Appeol is mode herewith for (please check appropriate box)
( Z4/) A VARIANCE tq the Zoning Ordinance or Zoning Mop
( ) A VARIANCE kips to lock of access (State of New York Town Low Chop. 62 Cons. Lows
Art. 16 Sec. 200A Subsection 3
4. PREVIOUS APPE,L AI�preylgrJs appealhas n been mods with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for 'o special permit
( ) request for o variance
and was made in Appeal No.................................Doted.............................r........................................
REASON FOR APPEAL
( ) A Variance i� S'erfl n. 280A Subsection 3
( ) A Variance to the Zoning Ordinance
t )
is requested for the reason that
4
Fonn Z131 (Cont"'" on other side)
REASONS FOR AREA VARIANCE -ONLY (to be completed,by.applicant):
Do not use these standards for "use variance" or "special
exception." (Also attach sheets if necessary, with signatures.)
1. An undesirable change will NOT be produced in the character of
the neighborhood or a detriment to nearby properties, ifranted
BECAUSE: Pgo'065C-P 5-'x_'r1c-17)4E L.acr-/Tei> 145 G' -'h2 F'3 lads 913 ,-
/!CUFtLE7JT...
%D
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: f PDPD5 Glc .1i/d"� SF U ulrU�-
� r9, s -J i/o� c�F �� r� Jr�3�siP.
R_1C Ta LZa77J
caG '!157-1 )C1 LOGS 7-71LJ'y jd SIS: bu),4L &D
3. The amount of relief requested is not"substantial BECAUSE���
f %ee,aE.�7y kO q S AJ e7- CZ e iJe)-t, r�rJ�C�EL Y
4. The,variance will NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district
BECAUSE 1_06,#7/o1J ff7- GJrt_c. /� q
C rrJ,�JG lnft4E L,-�AJOsC4,-2�_ Tl>
5. Has the alleged difficulty been self-created?
( Yes.
(�) No.
6. This is the minimum that is necessary and adequate, and at the
same time preserve and protect the character of the neighborhood and
the health, safety and welfare
"` of a co unitlr.
r STATE OF NEW YORKj/-
COUNTY OF SUFFOLK)')
JOYCE M. WILKiNS
!votary Public, State of New York (Applicant)
No. 4952246, Suffolk Cc;2Z
r
Term Exn➢ras June 12, 1 Agent must attach written consent from owner.
Sworn to before me this
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COMM. 'CB. MICS. Mkt, Value 7),t1 �� �t�� 54rve4v.a(
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TOTAL
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FRONTAGE ON WATER
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FRONTAGE ON ROAD
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DEPTH
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Total
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,rasion
rasion
ision
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PROPOSED SITE
PHOTOS A&B - proposed site of pool, 14'x281, located on
west side of barn
PHOTO C - proposed site showing distance from Main
Rd. (front of property)
PHOTOS D,E&F - eight foot hedges running.length of
Property (providing privacy & barrier
From vehicular traffic on Pequash Ave.
PHOTOS G,H &I - "neighbors" across street from proposed
Site, i.e., car repair vehicle storage site
And real estate office.
LOCATIONS NOT FEASIBLE
PHOTO #I - site behind barn would destroy property's only
Driveway/street access
PHOTO #2 - site behind barn would require the removal of
Old-growth tree which provides shade to three
Properties
PHOTO#3 - site behind barn would result in pool being
Directly next to neighbors' home (the
Gildersleeves), possibly interferring with their
quiet enjoyment of their property
PHOTOS I & II - site on east side of barn would require
Removal of two septic tanks as well as
pipes leading to the house
- site on east side of barn would result
in pool being directly next to neighbor
possibly interferring with her quiet
enjoyment of property
- site on east side of barn is sloped in such
a way that the grade of the land is not
conducive to pool construction
- site on east side of barn is almost
constantly in shade
0
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COUNT. Y OF SUFFOLK
JUL 1 51999 Il! ,'
ROBERTJ. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
STEPHEN -M. JONES, A.I.C.P.
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
July 9, 1999
Town of Southold
Zoning Board of Appeals
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.
Annlicant(s) Municipal File Number(s
Rose, Douglas & Amy
4672
Wiggin, Merlon E.
4689
Richards, Alan & Louise
4690
Shapiro, Barry
4694
McGough, George & Eileen
4696
__Morrison.-MMike/Chituk Pools
Briggman, Richard
4706
Losee, Thomas
4709
Davids, Curtis
4711
GGN:cc
C:\111 CC%ZONINGIZONING%WORKINGILDSUUMSD4672.JUN
I
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
r
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ (5 1 6) 853-5 190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044
SOFF04
II y 2
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dol � Sao
BOARD OF APPEALS
S TOWN OF SOUTHOLD
(1-51.6) 765-1809 tel. (1-516) 765-9064 fax
Pursuant to Article XIV of the Suffolk County AdnJiustrative Code, The
Board of Appeals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning Ccmmission:
X Variance from the Zoning Code, Article IIIA Section 100730-A.4
_ Variance from Determination of Southold Town Building Inspector
Special Exception, Article Section
Special Permit `
Appeal No: 4703 Applicant: Mike Morrison-Chituk Pools
Location of Affected Land: 55 Pequash Ave.,Cutchogue,NY
County Tax Map Item.No.: 1000_- 102-3-7
Within 500 feet of:
Town or Village Boundary Line
Body -of Water (Bay, -Sound or Estuary)
X_ 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
—T Within One Mile of a Nuclear Power Plant
Within One Mile of an Airport
Comments: Applicant is requesting permission..to Swimming Pool --
Copies of Town file and related do
cuments e 1or your review.
Dated:
RECEIPT FOR COPY OF DECISION
THIS WILL CONFIRM THAT I HAVE RECEIVED, IN PERSON, A COPY
OF THE ZONING B A D' D MINATION- RENDERED AT ITS
MEETING OF REGARDING MY
APPLICATION, and I here y waive a separate mailing of same.
�O�iSSov1
JUL 7 1999
M
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Im ZE�yv
25
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PROPOSED SITE
PHOTOS A&B proposed site of pool, 14'x28', located on.
. west side of barn
PHOTO C - proposed site showing distance from Main
Rd. (front of property)
PHOTOS D,E&F - eight foot hedges running -length of
Property (providing privacy & barrier
From vehicular traffic on Pequash Ave.
PHOTOS G,H &I - "neighbors" across street from proposed
Site, i.e., car repair vehicle storage site
And real estate office.
LOCATIONS NOT FEASIBLE
PHOTO #1 - site behind barn would destroy property's only
Driveway/street access
PHOTO #2 - site behind barn would require the removal of
Old-growth tree which provides shade to three
Properties
PHOTO#3 - site behind barn would result in pool being
Directly next to neighbors' home (the
Gildersleeves), possibly interferring with their
quiet enjoyment of their property
PHOTOS I & II - site on east side of barn would require
Removal of two septic tanks as well as
pipes leading to the house
- site on east side of barn would result
in pool being directly next to neighbor
possibly interferring with her quiet
enjoyment of property
- site on east side of barn is sloped in such
a way that the grade of the land is not
conducive to pool construction
- site on east side of barn is almost
constantly in shade
r
pipes leading to the house
- site on east side of barn would result
in pool being directly next to neighbor
possibly interferring with her quiet
enjoyment of property
- site on east side of barn is sloped in such
a way that the grade of the land is not
conducive to pool construction
- site on east side of barn is almost
constantly in shade
APPEALS BOARD MEMBERS.
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
SufFot,��o
Gtk
o -
y 2
o41,
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JULY 1, 1999
Appl. No. 4703 - MIKE MORRISON
STREET & LOCALrTY: 55 Pequash Avenue, Cutchogue 1000-102-3-7
DATE OF PUBLIC HEARING: June 24, 1999 .
FINDINGS OF FACT
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 16,143 sq. with
99.86 ft. frontage along the Main Road and 153.90 ft. along Fleet's Neck Road (a/k/a Pequash Avenue) at
Cutchogue. The property is improved with ' a single-family 2-1/2 story frame house with deck and 1-1/.2
story barn/garage.
BASIS OF APPLICATION: Building Inspector's April 20, 1999 Notice of Disapproval citing Article IIIA, Section
100-30A.4 of the Zoning Code with respect to a location of a proposed swimming pool in one of the lot's two
front yards. The code requires a rear yard location with a minimum rear setback of three feet.
AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance to locate a proposed 14 ft. by 28 ft. ,in -
ground swimming pool with fence enclosure to be located in the southwest yard area. No raised decking or
raised patio area is proposed.. The setback of the pool construction is proposed at approximately 18 feet
from the south front property line at its closest point. No raised deck or patio areas are proposed in this
application.
ADDITIONAL INFORMATION AND EVIDENCE: Along the front property line of Fleet's Neck Road, on
applicant's property, are a continuous row of hedges which screens yard areas from view.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board,
and personal inspection, the Board makes the following findings:
1. Grant of the area variance as applied will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties because the proposed location of accessory pool is at least
80 feet. from the intersection of Main Road (Route 25) and Fleet's Neck Road (a/k/a Pequash Avenue).
Although the, proposed pool would be set back a minimum of 15 feet from the westerly property line (along
Fleet's Neck Road), the pool will be screened from this road by privet hedges existing along the boundary.
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue,
other than an area variance because there are septic systems and large mature trees existing in the rear
yard that prevent the location for a pool there.
3. The requested variance is riot substantial because applicant's need for a variance is created by the fact
that the property has frontage along two roads (two front yards), and applicant's request conforms to code
requirements with regard to setback from Main Road (State Route 25).
4. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
Page 2 - July 1, 1999
ZBA Appl. No. 4703 - M. Morrisc,�
Parcel 1000-102-3-7
5. The difficulty has not been self-created.
In considering this application, the Board deems this action to be the minimum necessary and adequate to
enable the applicants to enjoy the benefit of a new swimming pool, 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 Lora Collins, it was
RESOLVED, to GRANT the variance, as applied for, subject to the following CONDITION:
Screening over 4 ft. height along the westerly front yard area is required and shall be maintained,
except for the first 30 feet from the intersection which is restricted to a code height limitation of 30
inches.
VOTE OF THE BOARD: AYES: DINIZIO,.TORTORA, COLLINS, HOR AY: and Go rin er. This
Resolution was duly adopted (4-1).
GERARD P.`riEHRINGER,AAIRMAN
For Filing about 7/7/99
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OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: April 30, 1999
RE: Zoning Appeal No. .4703 - Michael Morrison
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
Transmitted herewith is Zoning Board Of Appeals Application 4703 -
Michael Morrison. Also included Notice Of Disapproval with Building
Application attatched, are Z.B.A. Questionnaire, Applicant Transactional
Disclosure Form, copy of Surveys, letter of Authorization, copy of Plans
and copy of Property Record Cards.
F,
ELIZABETH A. NEVILLE
TOWN CLERK
® "'
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
°g -
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: April 30, 1999
RE: Zoning Appeal No. .4703 - Michael Morrison
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
Transmitted herewith is Zoning Board Of Appeals Application 4703 -
Michael Morrison. Also included Notice Of Disapproval with Building
Application attatched, are Z.B.A. Questionnaire, Applicant Transactional
Disclosure Form, copy of Surveys, letter of Authorization, copy of Plans
and copy of Property Record Cards.
F,
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE : Apr it -20 : -1999 ..:... .
To--9hitilk.?491*.(Mike A%rrison)-(vt:C::X
..P.O-Bog.9.............................._`
Cutchogue NY 11935
........................................
PLEASE TAKE NOTICE that your application dated-t1Ar9b.3Q..j999..... ........
for permit to construct an accessory inground-swimming -pool
--------------------- at
Location of Property ..,30100-- Main Road ---..----®----... g
. .--Cutchogu-....--.. .
House No. Street Hamlet
County T� Map No. 1000 - Section ..i02...... BLOCK ...3....... LOT-�...........
Subdivision ........ ........................ Filed Map No. .........Lot No. .......
is returned herewith and disapproved on the following grounds that -the -proposed.........
.§yii�4ing .P.001 is in the fropt- ypF¢. pF€pr..
.Section .100= - - -
30A.4. Accessory buildings,buildingsandstructures-or-other--------------
.accessory- -- - -
.uses shall be located in the required rear
.......................................................................................
(Lot coverage +/- 13Z)
........................................................................................
........................................................................................
r
BUILDING INSPECTOR
Michael J. Verity
RV 1/80
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests.
(Separate sheet may a attached.)
M 1 CWWOL ad 41T6 /0 0 20
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? { } Yes
{ No. (If Yes, please attach copy of "conditions" of sale.)
C. Are thereby proposals to change or alter land contours?
{ }Yes {✓} NO
D. 1. Are there any areas which contain wetland grasses?®
2. Are the wetland areas shown on the map submitted with
this application?
3. Is the property bulkheaded beA ��-een the wetlands area and
the upland building area?
4. If your property contains wetlands or pond areas, have
you contacted the Office of the To�� tees for its
determination of jurisdiction?
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? t\1 — (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not l fhownon the e exist, survey
easemstat�e "non .t you �e
submitting. A1012'5
G. Do you have any construction taking place at this time
concerning your premises? 60 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 OF any co-owner also own other land close to this
parcel? If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conductedatthis
parcel '5F_2-
proposed use 5th
i
Alt)horized Signature and bOxim .
3/87, 10/901k
TEL NO.1212-9242617 Jan 04,2' 15:15 P.02
11) W1101\0 1'"I'MAY C(')N(,'T.,,RN
y gi V(� holl!"s MCCUIlly ponnission it) 1-epj-(sejjr Ile. ill 11.1,11 jel,s 17c;fi�rc the
TO 'All) OVSM IIIW) d regarding rrly plor)el-tY 10caled at 30100 Mahn Road, ('111010el.10c., N.Y.
Michael Morn , sor,
614.
7
LEONARD CErFnE
NOWY Public, State of Now York
No. m-4,?jjqBj
Oualfflad In Now YorkCouo
commi sslon Expirss A
v
TRANSACTIONAL DISCLOSURE FORK
is Code of Ethics
t- of town officers
N
to
a
ow
YOUR NAME:
(Last name, first name,middle snit al, unless
you are applying in the name of someone else or
other entity,, such as a company. If so, indicate
the other person's or company's name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax grievance
Variance
Change of zone
Approval of plat
Exemption from plat or official map
Other
(If "Other," name the activity.)
Do you personally (or through your company, spouse, sibling,
parent, or child) have a relationship with any officer or
employee of the Town of Southold? "Relationship" includes
by blood, marriage, or business interest. "Business
interest" means a business, including a partnership, in
which the town officer or employee has even a partial
ownership of (or employment by) a corporation in which
the town officer or employee owns more than 5% of the
shares..
YES NO
If you answered "YES,".complete the balance of this form and
date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself (the applicant)
and the town officer or employee. Either check the
appropriate line A) through D) and/or describe in the space
provided.
The,town officer or employee or his or her spouse, sibling,
parent, or child is (check all that apply):
A) the owner of greater than 5% of the shares of the
corporate stock of the applicant (when the applicant
is a corporation)l
B) the legal or beneficial owner of any interest in a
noncorporate entity (when the applicant is not a
corporation); .
C) an officer, director, partner, or employee of the
applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
/0. APPEALS BOARD MEMBERS SVFFO(k Southold Town Hall
G and P. Goehringer, Chairman
Gy 53095 Main Road
James Dinizio, Jr. y z . P.O. Box 1179
Lydia A. Tortora0 Southold, New York 11971
�s Lora S. Collins ZBA Fax (516),765-9064
George Horning R{' hone (516) 765-1809
IED AND
BOARD OF APPEAL Tri �Q� j� r FjLED By
TOWN OF SOUTHOL D , T To G4lyd CLEIX
lag�T Ha
MINUTES
THURSDAY, JUNE 241 19 To W'11 Cly
REGULAR MEETING rk' T° �'".0 of Soufhoid
A Regular Meeting of the SOUTHOLD TOWN BOARD OF A held at the
Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, J
1999 commencing at 6:35 p.m. .
Present were:
Gerard P. Goehringer, Chairman
Lydia A. Tortora, Member
Lora S. Collins, Member
George Horning, Member
Linda Kowalski, ZBA Secretary.
Absent was: James Dinizio, Jr., Member
6:40 p.m. Chairman Goehringer called the meeting to order.
I. SEQRA RESOLUTION:
A. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly
carried, to declare the following projects as "Type II Actions" .(no further steps under
SEQRA) for the following setback, lot area, building length, and/or accessory use projects:
#4696 - George and Eileen McGough
#4697 - Fred and Mary Milner
#4698 - William Lieblein
#4699 - Lisa Jerome
#4702 - Dan and Madeline Abbott
#4703 -,Mike Morrison
#4704 - James Hunter
#4705 - Raymond Mitchell
#4706 - Richard Briggman
#4707 - Nancy Wellin
#4708 - Mark Lieb
#4709 - T. Losee
#4710 - J. Frazzitta.
#4711 - C. Davids.
Page 2 — Minutes
Regular Meeting of June 24, 1999
r Southold Town Board of A
ppeals
#4662 - P. Rushin & Motley.
This Resolution was duly adopted (4-0).
B. COORDINATION LETTERS:
Mattituck Library - Planning Board, Lead Agency/Unlisted Action Designation and
coordination letter (for all involved agencies). Reviews pending.
II. PUBLIC HEARINGS:
6:35 p.m. Appl. No. 4685 - VINCENT TORRE. This is a request for a Variance under
Zoning Code Chapter 100, Article III, Section 100-31C(2) based upon the October 20, 1998
Notice of Disapproval (updated January 27, 1999) regarding a building permit application to
convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery,
disapproved for the reason that retail sales and a gallery for public viewing in the accessory
building is not a permitted use in this A -C Zone. Location of Property:. 100 Sound Avenue,
Mattituck, NY; Parcel ID 1000-120-3-1. (No appearances. were made.) Applicant, by his
agent Proper -T Services, Inc., requested a postponement. Motion was made by Chairman
Goehringer, seconded by Member Tortora, to recess the hearing to the July 22, 1999
hearings calendar, pursuant to applicant's request.
'r VOTE OF THE BOARD: AYES: Goehringer, Tortora, Collins, Homing. (Member
Dinizio was absent.) This Resolution was duly adopted (4-0).
PUBLIC HEARINGS, CONTINUED:
6:38 p.m. Appl. No. 4687 - PRISCILLA STEELE. This is a request for a Lot Waiver
under Chapter 100, Article II, Section 100-26, for a substandard (vacant) lot known as 275
Village Lane (west side), at Mattituck, NY, situated approximately 122 feet north of the Main
Road, identified as Parcel 1000-114-6-5. This request is based upon an application for a
building permit and the Building Department's March 22, 1999 Notice of Disapproval which
states that Article II, Section 100-25 merged this lot with an adjacent house lot to the west
referred to as 15405 Main Road, Mattituck, Parcel No. 1000-114-06-03. Richard F. Lark,
Esq. spoke in behalf of the application. Also present was Mrs. Steele. After receiving
testimony, motion wasmade by Chairman Goehringer, seconded by Member Tortora, and
duly carried, to close the hearing. This Resolution was -duly :adopted (4-0).
IV. AGENDA ITEM:
A. Motion was made by Member Tortora, seconded by Member Horning, and duly carried,
to approve the Minutes for the May 20, 1999 Meeting. This Resolution was duly adopted (4-0).
B. Code Committee Sessions (none scheduled).
NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JUNE 24, 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,
JUNE 24, 1999 at the time noted below (or as soon thereafter as possible):
7:15 p.m. Appl. No. 4703 - MIKE MORRISON. This is a request for a Variance under Article
IIIA, Section 100-30A.4 for permission to locate an accessory inground swimming pool in an area
other than the required rear yard at 30100 Main Road, Cutchogue; Parcel 1000-102-3-7.
The Board of Appeals will at said time and place hear any and all persons or representatives
desiring to be heard in the above applications or to submit written statements before concluding the
hearing.. Each hearing will not start earlier than designated. Files are available for review during
regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call
(516) 765-1809.
Dated: May 26, 1999. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
,,,
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLMNEW YORK
------------------------------------------------------ x
Yri the Matter of the Application of
AFFIDAVIT
VAl V'x—_- --I�l p� OF
(Names of Applicants) MAILINGS
Parcel ID #1000- 102- - 3 - r7
----------------------------------------------------------- x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, CDA id t e_ S , � � � S �r residing at
cid- i 'Tu c,IC-
New York, being duly sworn, depose and say that:
On the j day of n Wn , , 19 1), 1 personally mailed at the United
States Post Office in Iold , New York, by CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in
prepaid envelopes addressed to current owners shown n the current assessment
roll verified from the official records on file with the (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 proper
L, , ,V
(signature)
Sworn to before me this 0
d= 9
THOMAS J. MoCARTHY
NdNY PWk 01 New York
No. 5004190 • Sutiagt Coin
(ry P u COIrrfl1IS"iW Ezpirp Nov, 2%AW
PLEASE list, on the back of this Affidai,it or on a sheet of paper, the lot numbers next
to the owner navies and addresses for which notices were mailed
Thank you.
u
List of property owners for which notices were mailed:
(for appl. #4703, Mike Morrison, 1000-102-3-7)
William Gildersleeve 165 Pequash Ave 1000-102-3-6
Cutchogue, NY 11935
Nicholas Aliano 11 Ashley Ln 1000-102-3-1
Shoreham, NY 11786
Main Rd & Pequash
Cutchogue, NY 11935
Allen P. & Jeanne Vanname P.O. Box 11 1000-102-2-17
Cutchogue, NY 11935
Grace Edson P.O. Box 1526 1000-102-2-16
Southold, NY 11971
Margaret Scharadin P.O. Box 364 1000-102-3-8
Cutchogue, NY 11935
TEL N0.1212-9242617 Jan 04,27 111:15 P.02
"1'() WHOM 11" MAY C(')N(,'T,,RN
McCarilly im-mission to reproselitIle. ii.) mai.ters
'YOWD of'Soulliold rogar(ling rny pron
ellY located at 30 100 Main Road,
t, . N.Y,
X�00
Michael
N"kxk
LEONARD CECFRE.
NOWY Pubilc, State of Now York
No, 31-47110DI
Oualffled In Now Yarkpouo
commIsabn Explres fi
ZONING BOARD OF APPEALS
TOWN OF.SOUTHOLMNEW YORK
In the Matter of the Application of
AUE� /koeml,90A
(Name of Applicant)
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 10-'-
0 - 3- -2
AFFIDAVIT
OF
POSTING
COUNTY OF SUFFOLK)
STATE OF NEW --� YORK)
I, t�6's, q, v1s residing at -91D cAt
New York, being duly sworn, depose and say that:
On the day of '19 C J personally placed the Town's
f hearin 'and nature of
official Poster, with the date o m g y 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 fffn
prior
to t e date of the subject hearing date, whic%hing date
(Si n ture)
Sworn to before me this
do, /y19 .
ROBERT 1. SCOTT. JR.
Notary Public, State of Newzy� - W� / York
Qualified in Suffolk County
(Notary Public) No.01SC47250 I etc
Tern Expires May 31,
*near the entrance driveway entrance of my property, as the area most visible to
passersby.
OFFICE OF '
ZONING BOARD OFAPPEALS
53095 Main Road
Southo/d, NY 11971
(516) 765-1809 fax 765-9064
May 27, 1999
Re: Chapter 58 — Public Notice for Thursday, June 24, 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 6/17/99. 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
VARMNCC-6 SWIIV)VIA16 foO& ICI?OAI-r VAfb LOtA�mN
NOTICE OF HEARING
NOTICE
IS HEREBY GIVEN that a
public
hearing will be
held by the
SOUTHOLD
TOWN BOARD OF APPEALS
'at the
Town Hall, 53095
Allain Road,
Southold, New York, concerning this property.
OWNER(S) OF RECORD:
MAKE
DATE OF PUBLIC HEARING:
If you have an interest in this project, you are invited to view the Town file(s)
which are available for inspection prior to the day of the hearing during' normal
business days between the hours of 8 a.m. and
BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (516) 765-1809
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