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4769
_ — -, � Axr � i » ���ca°,�S Lia ee�' 'T .�'r�.�, f���! a'C3 ` APPEALS BOARD MEMBERS Gerard P, Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4769 - Douolas Morris Street & Location: Private Right -of -Way (#15), extending from S.R. 25 (Main Road), Orient; 1000-15-9-3.4. DATE OF PUBLIC HEARING: December 14, 1999 FINDINGS OF FACT PROPERTY FACTS: Applicant's property is a 2 -acre parcel on a private road off Route 25 in Orient. It is improved with a house, cottage, garage and 50 x 100 -foot tennis court in the rear yard surrounded by a 10 -foot black chain link fence. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated October 21, 1999 denying approval for the tennis court fence because Code section 100-231(B) limits the fence height to no more than 6.5 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests authorization for the fence as built, in order that he may obtain a Certificate of Occupancy that includes the fence. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant obtained Building Permit #14691Z, dated March 21, 1986, for construction of the tennis court. The Permit does not mention the fence. The tennis court and fence were built but no Certificate of Occupancy was issued. (2) The fence is of the sort customarily found at tennis courts. A fence of only 6.5 feet would be inadequate for a tennis court, and applicant therefore needs a variance if he is to have a workable tennis court. (3) The tennis court and fence have been in place for 13 years. The fence is made of black chainlink and is relatively inconspicuous. The tennis court is at a rear corner of the property and does not intrude on neighbors. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. L Page 2 - December 14, 1999 ZBA Appl. No. 4769 - Douglas Moms Parcel 1000-15-9-3.4 at Orient (5) Grant of the requested variance is the minimum necessary and adequate to enable applicant to enjoy the benefit of a tennis court while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the variance as applied for. Vote of the Board: Ayes: Goehringer, Dinizio, Horning, Collins. This Resolution was duly ADOPTED by unanimous (4-0) vote. (Member Tortora was absent.) HAIRMAN 12/21/99 Approved for Fi 2ECEIVED AND FIT ED BY TIii �O1 'i ; WD CLERK DA, TE -,C)U,R iTov'n Cler'.:, Tcv: o' :_ of Matttuck, i, says that he SUFFOLK TIS shed at Mattit `aunty of Suf ( iat the Notice c t copy, has bee Newspaper on, —weeks sucef S h t„. a � ' ..r ." ,�' fir. r't'�'e'�=e•' 9 "01 4, , 0 B F't IS I Puc 4+ _'t"�) Sect+ Lai __*Ohe Ca Soy foll s TC u 07 � ?PR .. cation &K" 4 i •SO fre Aad; uro �3 9 ma PDa ?rifice a a „ of Matttuck, i, says that he SUFFOLK TIS shed at Mattit `aunty of Suf ( iat the Notice c t copy, has bee Newspaper on, —weeks sucef S h t„. a � ' ..r ." ,�' fir. r't'�'e'�=e•' 9 of Matttuck, i, says that he SUFFOLK TIS shed at Mattit `aunty of Suf ( iat the Notice c t copy, has bee Newspaper on, —weeks sucef S h t„. 9 9 NOTICE OF DISAPPROVAL Date , Qcr U r5c;7L 0-4 . ,19 � .......... .................. / PLEASE TAKE NOTICE that your application dated .....4 .....l.7......., 19 6P5- .. for permit to Qo.Av3T�c�z /�r9. l car e5 ,C,o ................................. at Location of Property T(Js....! !!T . rOD.. � . � .........-Nr��. House No. Street Hamlet County Tax Map No. 1000 Section ... �� �� ..... Block .. 52? ....... Lot .............. Subdivision ..... Filed Map No . ...:............ Lot No.... ... , . is returned herewith and disapproved on the following grounds.. ✓QN..?ccc 5 Solt 5✓...�' Sc .../��... KG7 ...�.4��< ........... J<;F .PI( =1� .. ?5 Y.. . ins �r .� %�. t P. C`.....07 . 1?�'ar.o LL .......... X.... ......................................... .........e......... ..................... ..... ..�.�... ............. ....... ,.A ......................... .....,................. ........Building Inspector RV 1/80 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date , Qcr U r5c;7L 0-4 . ,19 � .......... .................. / PLEASE TAKE NOTICE that your application dated .....4 .....l.7......., 19 6P5- .. for permit to Qo.Av3T�c�z /�r9. l car e5 ,C,o ................................. at Location of Property T(Js....! !!T . rOD.. � . � .........-Nr��. House No. Street Hamlet County Tax Map No. 1000 Section ... �� �� ..... Block .. 52? ....... Lot .............. Subdivision ..... Filed Map No . ...:............ Lot No.... ... , . is returned herewith and disapproved on the following grounds.. ✓QN..?ccc 5 Solt 5✓...�' Sc .../��... KG7 ...�.4��< ........... J<;F .PI( =1� .. ?5 Y.. . ins �r .� %�. t P. C`.....07 . 1?�'ar.o LL .......... X.... ......................................... .........e......... ..................... ..... ..�.�... ............. ....... ,.A ......................... .....,................. ........Building Inspector RV 1/80 ce !/I�,✓ FORM NO. 3 / TOWN'OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE; October 21 1999 TO Kevi McLaughlin A/C Morris PO Box 1210 Southold NY Please take notice that your application dated October 8 1999 For permit for as built tennis court and fence enclosure at Location of property 405 Private Rd # 15 Orient NY County Tax Map No. 1000 -Section 15 Subdivision Filed Map # Block 9 Lot 3.4 Lot # Is returned herewith and disapproved on the following grounds fence enclosure around tennis court is +- 10 feet tall this. not permitted pursuant to Article X= Section 100-231 which states... Fences walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones_ the same shall not exceed four (4) feet in height When located in the front yard of nonresidential zones, the same shall not exceed six (6) feet in height. B. When located in or along side and rear vards. the same shall not exceed six and one-half 6 1/2) feet in height Authori Signature ° FORM NO. 1 TOWN OF SOUTHOLD BUILDINGDEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765.1802 Examined ................. 19 ... Approved ......:.......... 19 ... Permit No............ Disapproved a/c ..................................... Received ........... 19•.• ..._................._........•• (Building Inspector) APPLICATION FOR BUILDING PERMIT / Date �c:,�_!. �......, 19 i INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on, premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on.the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this, application, the Building Inspector will issued a Building Permit to the applicant. Such 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 the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building. Permit pursuant to the Building Zone 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 in building for necessary inspe, 1/z'.Gonj2�2✓ ... ?3T;P ;f ,7. �Or ..1/.....i.a}. s....... (Signature of applicant, or name, if a jcorporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . ..........................%........................................................ . Name of owner of premises .. &.c: /3 �... !. ! .v1 5 ....................I.............. (as on the tax roll or latest deed) If applicant is a corporatiioou signature of duly authorized officer. ............... (Name and title of corporate officer) // Builder's License NoJ. ..Sol Plumber's License No. ....................... . Electrician's License No . ...................... Other Trade's License No. 1. Location of land on which proposed work will be done. . !.? < Y. p . � .? .......... •.......... . C� 5... .. .... vt e.x ...... ......:. rr................ House Number Street Hamlet q County Tax Map No. 1000 Section ..���.4 /.,..©/�....... Block ....... y.......... Lot......3............ Subdivision ....... ........................., .... Filed Map No. Lot ............... (Name) 2. State existing use and occupancy of premises and {intended use %and occupancy of proposed construction: a. Existing use and occupancy ..... Y5 t cf� .......... , _ _ .....�..... , , .. . b. Intended use and occupancy ,y, e ?Y .c 5.. rl / a / s y ?_ t G si �, , , , , , , , , , ; , _ , , .. . 3. Nature of work (check which appy ale): New Building .: Addis Alteration :. . Repair ......... ;Remover .... , .. . .... Demolition ......`:.1..... Other Work.A»vxrs C'o�,v 4. Estimated Cost ........ Z61> ......Q y�� (Description) t.................. Fee .............................. ...... . (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ Ifgarage, number of cars........................................................... ..................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7: Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ....................................................... : Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height...................... Number of Stories.................. 8. Dimensions of entire new construction: Front ......... . ..... Rear ............... Depth ............... Height ............. Number of Stories .. .... .......... `��g... . 9. Size of lot. Front .... 2.� ?. 1X .......... Rear ....3. y 3e. �.4' .... , .. Depth ,E . �— ....... . 10. Date of Purchase ............................. Name of Former Owner 11. Zone or use district in which premises are situated .....% a9'?.... .... �/ . '12. Doesproposed construction violate any zoning law, ordinance or regulation: ..N.Q.......................... 13;Wilflot be regraded ......: Will excess fill be removed from premises: Yes No 14. Name of Owner of premises pa ?�.' S. % r. s. Address ................... Phone No............... . Name of Architect Address ..... .. Phone. No.... . Name of Contractor !r r :-. f?.✓. f�sy?�? �. ?�,1. Address .0,�.t-' �, ......Phone No.. ���7'�: (.9.e . PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set -back dimensions from property lines: Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. 9'aY71s -"r3,/kQI x /a�� 6eeY, / �at !r7 ha, STATEOF N RK, 'COUNTY O :. . r� ............ (Name of individual si ning contract) above named. being duly sworn, deposes and says that he is the applicant He is the ..... \ ..I ............. (Contrac r, agent, corporate officer, etc.) of said owner or owners, and is duly a horized to perform or have performed the said work 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 performed in the manner set forth in the application filed therewith. "Sworn to before me this ............. .day of ... '.:rA_ f�� , , 19 Notary .. blit, ..... ... ..6�(Y County . E �lif St ... .LCA ....... . Euueerrt ANN NEv1uE . �............. c f............. . . NOTARY PUBLIC, state e: New Yak (Signature of applicant) No. 52.81258K Soft Term Expires hWcfi 34 TOWN OF SOUTHOLD: - BUILDING DEPARTMENT TOWN HALL . OUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined. Approved .. a i .:, l9 t �. Permit No. 1A Disapproved a/c .................................... . ................................... ........... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Received ............ 19... Date .......March 4.,.,, 19'86, a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with' sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public street or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this apph cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued'a Building Permit to the applicant. Such permi 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 Occupanc shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to th Building`Zone Ordinance of the Town of Southold, SuffolkCounty, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe( The applicant agrees to comply with all applicable laws, ordinances, buildin code, housing code, and regulations:, and'1 admit authorized inspectors on premises and in building for necessary ins ns. r , ........ ......... (Sig ture of applicant,',or name, if a corporation) Abigai A. Wickham, Esq., as Attorney P.,o.,Box.?424.Xattitnck,.ATew.YQrk.11952.... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builde Attorney,. .................................................................................... Name of owner of premises ..Douglas .& .Monique .Morris ..................... . ........................ . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ............................................... (Name and title of corporate officer) Builder's License No. .38 Southold Town (Richter Home Improvement Co.) Plumber's License No . ........................ Electrician's License No . ...................... Other Trade's License No. .................... . I. Location of land on which proposed work will be done. .Private ,Road.#15............. .. . ... . ..... . . ... 405........................................................Orient,, New York......:......... House Number Street Hamlet County Tax Map No, 1000 Section ...... 15.......... Block ............... Lot...3............. Subdivision ..................................... Filed Map No. .............. Lot ............ . (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy...... ... residential ... .. .. ....... ........... .......... b. Intended use and occupancy residential with tennis.court. 8 ,......................_..,._ i.3.......... J. Nature of vzork (check which applicable): New Building ........... Addition.. � ........ Alteration .......... Repai.............. Removal, r t,. ........... Demolition ........ ... Other Work Tennis :Court . (Description) 4. Estimated Cost. $20,000.00 ........................... Fee...................................... ` (to be paid on filing this application) S. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars .................. . .................................................... . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number ofStories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth,........... ........ Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ................ Rear ............... Depth ............... Height ... ............ Number ofStories ...................... :................................. 9. Size of lot: Front . UQ J.,4 .............. Rear ..343 :6Q .............. Depth ..265.95 .............. 10. Date of Purchase ............................. Name of Former Owner ............................. 11. Zone or use district in which premises are situated . ;residential .... ... . . . .. . .. . . . . . . . . . . . .. . . 12. Does proposed construction violate any zoning law, ordinance or regulation: .No ............................ . 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises . Douglas -;Morris , , , , Address 14 ,Sawmill ,Rd ; , , , , , Phone No. 367-3619 ..... . Name of Architect ......................... Address Huntin4ton, N.Y: , , , Phone No........ . Name of Contractorgichter Home Tmprovement C*ddress Greenport, N.Y. , Phone No. 477-0998 PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set -back dimensions from aroperty lines. Give street and block number or description according to deed, and show street names and indicate whether nterior or comer lot. 3arns marked "X° have been removed. ?lot plan attached. TATE OF NEW YORK, S.S OUNTY OF. SAk'PALK......... ABIGAIL A. WICKHAM being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) )ove named. cis the..attorney.,,_ ... ....................................................................... (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this )plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ork will be performed in the manner set forth in the application filed therewith. Horn to before me this ................ 21st ... day of.. otary Public G% r eeucoMCF{NO / 1t.............11986. lk ...... County .. ..✓/...... /l.............. .. ....-. (Signature of applicant) • �� �Etr►R"it NOV 5I TOWN OF SOUTHOLD, NE 1k Sutho APPEAL FROM DECISION OF BUILDING IPISI'ECTOR APPEAL NO. CUO� Yr DATE.............................. TO Tt1E ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I (We) DOUGLAS MORRIS& MONIQUE MORRIS of 1488 Laurel Hollow Road Name of� Appeltont Street and Number Laurel Hollow New York •............. ... .... ...... .. .... ..HEREBY APPEAL TO Municipality Stoto THE ZONING BOARD OF APPEALS FROM TI IE DECISION OF THE .BUILDING INSPECTOR Ohl APPLICATION FOR PERMIT NO. .,1 N6 ;1 DATED; October 21, 1999 WHEREBY THE BUILDING INSPECTOR DENIED YO Kevin McLaughlin 4TiY35............................`_...... Nome of Applicant for permit of 44026C Rt. 48 Southold New York Street and Number Municipality State C ) PERMIT TO USE (X) PERMIT POR'OCCUPANCY ; 1. LOCATION OF THE PROPERTY ...405 Private Road #15 Orient Street Use District on Zoning lvtap Mop NO. 2. PROVISION (S) 01 section and Paragraph: 3. TYPE OF APPEAL .A (X) AVARIANCE' ty tl ( ) A VARIANCE'.:du Art. 16 Sec. 280.0 lock 9 Lot 3.4 Current Owner' Douglas & Monique Morris ~Lot No. Prior Owner Martha -I. Raynor N, ING_ORDINANCE APPEALED (Indicate the Article Section, Sub- ning Ordinance by number. Do nit quote, the Ordinance.) 100-231 made herewith for -(please check appropriate box) tg Ordinance or Zoning Mop k of :access,(Stote of New York Town Low Chop. 62 Cons. Laws Icon 3 4. PREVIOUS APPEAL Ai ptjewlous appeal '(hos) (has not) been made with respect to this decision of the Building Inspector's(' W)h respect to this property. Such oppeol was ( ) requks`I 'for o special permit ( ) request ;for a vorionce and wos mode in Appeal No. .... ....................Doted ..................................................................... 1 ( ) A Variance to get (X) A Variance tot th Is requested for the rgeoi March 21, 1986 to"c permit, a tennis?co fence surrounding)t of the normal he*6 for a mazimun fence variance_is necessa Subsection, 3 Ordinance t the applicants obtained a building permit (No. 14691Z) dated ct an accessory tennis court, as applied for. Pursuant to said s constructed on the subject premises with a 10 foot high rt. Said fence is an integral part of the tennis court and is a tennis court. The Southold Town Zoning Code, however, provide; t of 6, feet in a rear yard area and, therefore, an area legitimize the situation as it currently exists. Fonn z131 (Continue on other side) is REASONS .FOR AREA VARIANCE ONLY (to be come-&eted,bv Mlicant)• Do not use these standards for ""us8'►aria"'30 "sprecial' 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: the tennis court was. constructed pursuant to a lawful builiding permit and has existed for approximately 13 years.The tennis court is located so as not to be obrrusive to the neighbors and is not. lighted. The subject parcel is almost two acres in area and the tennis court does not substantially restrict anyone's view. 2. The benefit sought by the applicant CANNOT be. achieved by some method, feasible ;dor 'the applicant to pursue, other,ilm ag;,aroa variance BECAUSE:- the normal height for a fence surroundinga tennis db&t Is 10 feet, so as'to prevent the tennis balls from bouncing over the fence enclosure. The Southold Town Zoning Code permits a mazimum fence height of 62 feet. A fence of only 62 feet would obviously not be sufficient for the purpose of surrounding a tennis court. 3. The amount of relief requested is not'substantiaBFfCAE it is the minimum height necessary to accomplish the purpose o a en e�fS,. surrounding at tennis court. 4. The variance will NOT have -an adverse effact or,impact on the physical or environmental conditions in the neighborhood or district BECAUSE it has existed for approximately 13 years, is set; in an unobtrusive location, and is the minimun height necessary for the purpose intended-. Also, the subject premises is bounded on three sides by other property of the app licants, park land owned by Suffolk, County and land used in conjunction with th� Cross Sound Perry. 5. Has the alleged difficulty been self-created? ( x) yes. ( ) No. 6. This ,is m that is necess the minimu1 ary a adequate, and at the, same time preserve and protect the character of the nteighborhoad and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) (App t) Agent m t attach writ n consent from owner. J. KEVIN MCLAUGHI,IN, as Attorney'and Agent for Morris & Moni a Morris Sworn to before me this o2 -a of, Notary Publ. CLARE L GLEW NOtMNo OiiG�7off4ewYork szY*xiz: s:: zz:z:szz Qualified in SuffolL487k 05pjy���;� zxtlk/ worm. varJtema Commission Expires Dec. 8, TOWN OP SOUTHOLD PROPERTY RECORD CARD OWNER ST SOS VILLAGE" X57. SUB. • _ S FORMER OWNER }2ucJHOY - N E ACR. S W TYPE OF BUILDING RES, a� 6 SEAS. VL FARM COMM. CB. MICS, Mktg Value LAND IMP. TOTAL DATE REMARKS b t"3, .a .'f n ( 5�� (O O'l oY '�, � O � 143' C� ', S 1 g 7a � ( 5 l �` I. t.�r -' 3? 5y!_�� , > � � .•, �C-' , . - G;z . « +% D 7 Z? 5 z -s I,, LET a -i ,. a R w 620e3 290 0 7 40 "� l oa ew e s o 2 c/ a//eN�K E, C.001J Tillable FRONTAGE ON WATER land FRONTAGE ON ROAD Ntieadewf6ncJ DEPTH House Plot ' Q BULKHEAD Total /S" gra i;� ci `'9� ,�i -' J, 9S 1�$y7ppFI Aul'�I ��I � ..� �� � � '�-.. � ^�Saae ....u...... �.__ �m _ n+;" �.{ s ;'tl-.' v ,r n'41 ` ,µ;� / \ \\ A f o2OAp� m Noo 41. F (EE °Cf P ac0 I&NO °� � � �/7�• }Q•}t9e ye LD1 TO to �\ / .S�and ie •N�VeVt f d U j1^ �df } �t NOTE,L /-MONUMENT Y. TOTAL AREA • 43974 ACRES 39UFFOLK COUNTY TAX MAP DISTJ000 SECT9L9L?L LOTS • •16 u UPANCY OR USE IS UNLAWFUL +NITHOUf CERTIFlCAT,E Orr OCCUPANCY Wr-5E+e1k:G 4 dp-5. ^v AP or- Pf1U/�f= ✓ .40 5U4'VE=YEC ��� t Ldy� awmn iGN1ouV- o' T wN of `i�c1: �{ot_a ,LI.Y. I,,.d !0 6 _. — - - - — : -- J� eA •�l7V V- Q �Or\R, ?/ J rr,��•e. c rn v.i way (U n ���rea -19- = 1. 7t{•i � c . Sca/cam: �O '-• l.. /, . � i� AT :"'L .^-"•'�"�a�Ed" 't'y 'L.1�9`!7 7Ci A ' !'; �^t�d it 7 {iG i l?lrTC) * - s.. N _. .'%' .a:j;"._.. _�. ... IN �•ST�T=1 "-�� Z97.o � � _ s„Yiii;:Eg.., ;FY��-➢-_r`�� ---,�:s,. :':r"F ?: Gir�kt of ~W- oaf , i : s - - :. � -- �/• ! ;• � 4 aE°svrsr°Imm umA+lsa. o Aooulw tl A vlsxA w (° Elc gc,arn�tk+ed fo fle ,; �. -': -1 L _...;r , ; �_ '; :. �- � � .'- �- • :-/ --•` 04 mss >m+ w T1u ,aw iosc siAs! 7m U- S. L ife Ti fle! (nsurvrrce Comte+ ' r tv,"-""��•s.js<' S� z;.r ;�•,}�FL'-.-i'i �, , uw. winssmerarrUALOR sa y.rd f -o Ww So ald 3ovi s Ba It wnnwAM u sut °a ds Sut'wafed ./ovt. /7! ( T2i. _ MRS. CA �•�^>,.: 5,65E -Iv Fi' `.•."r!^+--.�I ... - '' T m SIAS SPALL MT tl C°18CIA1� YAVAIro ill COR. '�•/ ,� � ic. VA" ,lJLi-, PC. Y i `� � a� 1� `6a 3 '-� ^•% S. \ yzn Urtt[S W^ICAI[J Icctto*I sssAu ul A,L Cr+ XIS WIAI/ i0 SW j G�� V f/.•^�-. f1 i0 TX! Yi,_n+l 1115 wXOAi Sli! {IIRH rJ ' /r - _ �••y� \ L1f,,;j l,o•5. Yk ;moo Th'x Mal' 1e,,r 8 pA[iMFD. i11LL ww'w' :,OVi14MMrA5 Af10,Gi •" Ryu a, rnunoK u41m Reno„ •+� A.clu»[u uLL.OIIl. �' r iXl .. _ LKHNSeIiL Fqd rv4�C_-L p i l srwely#c' F -- l4,rrw YO,'k 5.63''Pc",%iJ"W - 29.7•! � .,.. .. 0 I I 1 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUN-TY OF SUFFOLK. - JAN ROBERTJ. GAFFNEY SUFFOLK COUNTY EXECUTIVE December 28, 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. Apnlicant(sl Municipal File Number(s) Wetzel, Edward and Audry* 4755 Poggi, Richard 4761 Kalogeras, George 4768 Morris, Douglas 4769 Riley, James 4770 Kirsch, Mary (contract vendee) 4771 Bahrenburg, D. Claeys 4774 *The removal of a prior condition of approval by the ZBA on former Approval No. 1597 is not within the jurisdiction of the Planning Commission. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:ICCHORNYIZON INGIZON INGIWORKINGILDSIDECISD4755. WPD LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ 100 VETERANS MEMORIAL HIGHWAY (5 1 6) 853-5 190 HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044 �o��g�fFO(KC c .51 BOARD y 2 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article X_CV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccnmission: X Variance from the Zoning Code, Article XXIII Section 100-231 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4769 Applicant: 405uPri.vatMorris road, #15 Orient, NY Location of Affected Land: County Tax Map Item No.: 1000- 15-9-3.4 Within 500 feet of: -i' 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" tennis court. & 10' fence enclosure Copies of Town file and related documents enclosed for your review. Dated: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 3, 1999 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 RE: Zoning Appeal No. 4769 - Douglas & Monique Morris Transmitted herewith is Zoning Board Of Appeals Application 4769 - Douglas & Monique Morris. Also included are Z.B.A. Questionnaire, Transactional Disclosure Form, Letter Of Authorization, Notice Of Disapproval, Application For Building Permit, Existing Building Permit No 14691, copy of Property Record Card and copies of Surveys. /lJ Lr �KAiNV ~ v Qaawte* at eaw whu(6 Wa* Jew f wdioua8 eetttn 44020e ift 48, 3.0. J3ax 1210 saudioU, New Vo,& 11971 get. Xo. (516) 765-60135 Sax .No. (516) 7654956 October 29, 1999 Southold Town Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Appeal of Douglas & Monique Morris Gentlemen: I have enclosed a signed authorization from my clients, along with the Application for an area variance, seven copies of. a survey depicting the tennis court with fence surround, which currently exists at the subject premises, Transactional Disclosure Form, Questionnaire, Notice of Disapproval with copies of the Building Permit, Property Card and Application for Building Permit attached thereto, and my check in the sum of $150.00 for the filing fee. Please notify me of the date of the public hearing in this matter. Enc. December 22, 1999 Fax Transmission to 765-1856 J. Kevin McLaughlin, Esq. P.O. Box 1210 Southold, NY 11971 Re: Variance Appl. No. 4769 - Douglas Morris Dear Mr. McLaughlin: Enclosed please find a copy of the Board's determinations rendered December 14, 1999. As a reminder, please return to the Building Department and other agencies having jurisdiction, for final approval(s). A copy of the Board's determination was transmitted to the Building Department as an update to their file regarding your request for a building permit. ;. Very truly yours, Enclosure Copy of Decision to:. Building Department Original sent by Regular Mail also on 12/22199. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski T APPEALS BOARD MEMBERS If 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 DECEMBER 14, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4769 - Douglas Morris Street & Location: Private Right -of -Way (#15), extending from S.R. 25 (Main Road), Orient; 1000-15-9-3.4. DATE OF PUBLIC HEARING: December 14, 1999 FINDINGS OF FACT PROPERTY FACTS: Applicant's property is a 2 -acre parcel on a private road off Route 25 in Orient. It is improved with a house, cottage, garage and 50 x 100 -foot tennis court in the rear yard surrounded by a 10 -foot black chain link fence. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated October 21, 1999 denying approval for the tennis court fence because Code section 100-231(8) limits the fence height to no more than 6.5feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests authorization for the fence as built, in order that he may obtain a Certificate of Occupancy that includes the fence. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant obtained Building -Permit #14691Z, dated March 21, 1986, for construction of the tennis court. The Permit does not mention the fence. The tennis court and fence were built but no Certificate of Occupancy was issued. (2) The fence is of the sort customarily found at tennis courts. A fence of only 6.5 feet would be inadequate fora tennis court, and applicant therefore needs a variance if he is to have a workable tennis court. (3) The tennis court and fence have been in place for 13 years. The fence is made of black chainlink and is relatively inconspicuous. The tennis court is at a rear corner of the property and,does not intrude on neighbors. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. N Page 2 - December 14, 1999 ZBA Appl. No. 4769 - Douglas Morris Parcel 1000-15-9-3.4 at Orient r (5) Grant of the requested variance is the minimum necessary and adequate to enable applicant to enjoy the benefit of a tennis court while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the variance as applied for. Vote of the Board: Ayes: Goehringer, Dinizio, Horning, Collins. This Resolution was duly ADOPTED by unanimous (4-0) vote. (Member Tortora was absent.) GERARD P. GOEHRINGECHAIRMAN 12/21/99 Approved for Fili g 'A � TRANSMITTAL MEMO TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE:. &r-./ 1 l g q 9 SUBJECT: File Update - With reference to the above application, please find attached the following new information added to the official ZBA office file: Comments: ----------------- Number of Pages Attached: __7 ______________ TrMemo.doc FORK NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) ................... N9 14691 Z Date ...... ...... Permission is hereby granted to: 6 ............................................... .... mo;��.Ck . ............. to ... ....... ........... ........... ................................................. .. of premises located at 'D 0 . ............................................ ; ...................... .... I.Vt .... ! �5 .........'04� ................................................................................................................................................................ .... ................................................................................ County Tax Map No. 1000 Section ....... 0.bi....... Block ....... (�).ft ....... Lot 'No. ................... pursuant to application dated ....... ;o ................... 192..�., and approved by, the I . Building Inspector. .-� -' Fee $.. ."..... I ............. ....................... ................ ......................... Building Inspector Rev. 6/30/80 1 FbRM NO. 8 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N° 14691 Z a pp6 Date .........�...................................... 19.A..... Permission is hereby granted to: CL�cfl :...... l ... S..r... �-Z ......................................................... � •........................................................................... e� of premises located at .....�.v.!. l 5...............5�... .............. ................................................................................................................................................................ ...`.`�G..�.�.� �.. �!:�.........' ....... .................................................................. County Tax Map No. 1000 Section ....... ....... Block ...... ....... Lot No.... ,+ ................. �..; + pursuant to application dated ............... ..p� . ... .. ...................1 14. ., and approved by the Building Inspector. Fee $. ..........!r ................................. .... Building . Inspector' � ...... , 1 � .(•1: FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined .. yqM41 .., 19& Approved ..!!� �-1.., 19 t G. Pen -nit No. iA ! `�- Disapproved a/c .......................... ......... . (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Received ............ 19, Date ....... March. 4?. 19 86 . a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ;ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets )r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- :ation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building •Inspector will issued a Building Permit to the applicant. Such permit ;ball 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 :hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department fot the issuance of a Building Permit pursuant to the Building Zone 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. I'lie applicant agrees to comply with all applicable laws, ordinances, buildin code, housing code, and regulations, and to Admit authorized inspectors on premises and in building for necessary ins " ' ns. :— _ ......... . (Si ture of applicant, or name, if a corporation) Abigai A. Wickham, Esq., as Attorney P. ,o. ,Box .1424'x .34ttituck, .New.Xork.11952.... . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ...Attorney...................................................................................... Name of owner of premises ..Douglas .& .Monique .Morris ............................................. . (as oil the tax roll or latest deed) 11' applicant is a corporation, signature of duly authorized officer. .............................................. (Name and title of corporate officer) Builder's License No. 38 Southold Town Richter Home Improvement Co.) Plumber's License No . ........................ Electrician's License No . ...................... Other Trade's License No . ..................... 1. Location of land on which proposed work will be done. ,Private .Road .#15 , , , , , , , , , , , , , , , , , , , , , , , ,,,, , 405........................................................Orient.NgW.Xgil .................. House Number Street Hamlet County Tax Map No. 1000 Section ......15 ....... , ... Block .....9 ............ Lot ... 3 ............... Subdivision ................ Filed Map No. .............. Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .....: residential. b, Intended use and occupancy residential with tennis court. . ' a 3. Nature of work (check which--`icablv): New Building ....... , .. A. lean ........., . Alteration Repair ........... Rei zl ..... , ..... Demolition ... ........ Other Work Tends Court (Descrip-tion 4. Estimated Cost $20,U00.UU............I.............. Fee................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Nuromber of dwelling units on each floor ............. Ifgarage, number of cars ................................................. ....... '............. . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ................... . 7. Dimensions of existing structures, if any: Front ............... Rear ................ Depth . ....... . Height ............... Number of Stories ..................................................... . Dimensions of same structure with alterations or additions: Front ................. Rear. ............... Depth ...................... Height ...................... Number of Stories .................... 8. Dimensions of entire new coils truction: Front ............... Rear ............... Depth .............. Height ............... Number of Stories....................................................... 9. Size of lot: Front ..ZQQ .7.4 ........ . ... . . Rear . AU .6R ............ Depth ..265 , 95 ............ 10. Date of Purchase ............................. Name of Former Owner ............................ 11. Zone or use district in which premises are situated ..residential . , . .. . .. . . . .... . . .. . . .. . 12. Does proposed construction violate any zoning law, ordinance or regulation: .No ..........................: 9 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes I 14. Narne of Owner of premises ..IM491ss ,I1orri4 . , .. Address 14 .Sawmill ,Rd. ... phone No. X67- 619.... . Name of Architect ............................ Address Huntington, N.Y: phone No. Nanic of Contractor ht.er .11ome Improvement .C%-ddress Greenport,. N: , .... phone No. 477-099x. dye-gas"3 PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set -back dimensions fro property lines. Give street and block number or description according to deed, and show street names and indicate wheth interior or corner lot. Barns marked "X" have been removed. Plot plan attached. STATE OF NEW YORK, S.S COUNTY OF. SJJFFJ0LX ........ ABIGAIL A. WICKHAM , , , ... being duly_ sworn, deposes and says that he is the applicau (Name of individual signing contrac'0 above named. !Ile is the . ,attorney (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly autliorize�l to perform or have performed the said work and to make and file the application; that all statements contained in this application are true to the best of his knowledge and belief; and that th work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ................. 21st ... day of .. March .............. 1 1986. (llc Notary Public, �J.` C��j�2�. ........ County JULIE BAUERNFEMD ✓ . f4dary Public, Su fof olk Nevi York ......................... . No. 479 (Signature of applicuant Commission Expires March �n iEl97 The undersigned hereby authorize J. Kevin McLaughlin, as their attorney and agent, to file for and pursue a variance to allow the ten foot high fence surrounding the tennis court located at premises commonly known as 405 Private Road #15, Orient, New York (SCTM 31000-015.00-09.00-003.004) to remain "as -built". The tennis court was built pursuant to Building Permit No. 14691Z. Dated: October] $1999 D LA ORRIS - hvm,,Cu�,� MrQUE ORRI QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of t individuals (and entities) having subject premises and a description (Separate sheet may be attached.) DOUGLAS MORRIS MONIQUE MORRIS e owner(s) and any other financial interest in the of their interests: tenant by the entirety tenant by the entirety B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? {xx} Yes { } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? Yes {X} No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted.with this application? N/A , 3. Is the property buLkheaded between the wetlands area and the upland building area? N/A 4. If your property contains wetlands or pond areas, nave you contacted the Office of the Town Trus tees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?' No. (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? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No 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 orany co-owner also own other land close to this parcel? yes If yes, please explain where or submit copies of deeds. 'Douglas MorVis owns a 2.4086 acr vacant lot adjoining the subject parcel to the s6uth, which bears SCTM 31000-78-9-3.6 I. Please list present use or operations conducted at this parcel 2 story frame house, 11-2 story cottage & frame,garage and proposed usA Game as above, with accessory tennis court S 10A IR-- - 02,/ • - - 1 1 •• rxnNSAC:'l lUNAL UtSCLUSUKisk<• •;•Wtri 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 NAME: DOUGLAS MORRIS and MONIQUE MORRIS (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X 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 t interes" 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 X If you answered "YES,".complete the balance of this form and date and sigu'vhere indicated. Name of person employed by,the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee.. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest�in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF A ELATIONSHIP Submitted this &? daY ofl&_ 19 Signature print nal6e J. K VIN MCLAUGHLIN, A ttorney an agent for Douglas Morris & onique Morris Updated ,2 FOR BOARD AND STAFF USE New Information NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, DECEMBER 14, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY; DECEMBER 14 1999 at the time noted below (or as soon thereafter is possible): 7:05 p.m. Appl. No. 4769 -.DOUGLAS MORRIS. This is a request for a Variance under Article XXIII, Section. 100-231,- based upon the Building Department's October 21, 1999 Notice of Disapproval for fencing at a height of 10 feet, as an enclosure of owner's tennis court structure, instead of the Code height limitation of 6.5 feet. Location of Property: Private Right-of-way (#15),. Orient, NY; County Parcel No. 1000-15-9-3.4. The Board of Appeals will at same time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). 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 (516) 765-1809. Dated: November 24, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road - Southold, .NY 11971 (631 eff. 11/99) 765-1809 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, ' NY 11971 November 26, 1999 Fax 765-9064 Re: Chapter 58 — Public Notice for Tues., December 14, 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 now be mailed and shall include a map or sketch showing the nevv. location with the setbacks and use. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with a copy of the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that -borders your property.. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for, a neighbor, you may want to send the notice to that address as well. Please submit your. Affidavit of Mailing (copy enclosed) 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. A sign is also necessary for posting' at the property by you, not later than 12/7/99, and therefore must be picked up by you or your representative on or before 12/6. Town Hall is open from 8 to 4 p.m. (M - F). The sign must be located on the property no more than 10 feet from the 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, remaining until the day of the hearing. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting (copy enclosed) to us for the permanent file. When convenient for you, please ,return the sign to us. 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 ` SOUTHOLD TOWN BOA - OF APPEALS -3 October 19, 1978 � e Wampum Way and Tepee Trail and_xe.Ttce the side yard setback to 1 ovation of proper_t- Lot No. 5, Nunnakoma Waters, Southold, New Yo subje o the following condition: (1) Appro�r.6 of the-�k_County Planning Commission V t'e of the Board: Ayes: Messrs: Gillespie;-C.ong_ is,_Doyen, -Tu 1 and Douglass. �, o PUBLIC HEARING: Postponed decision upon application of Betsy Latham, Private Road, Orient, New York, for a variance in accordance with the Zoning Ordinance for permission to divide property with insuf- ficient frontage and area. Location of property: Private Road, Orient New York, bounded on the north by Wilsberg; east by G. E. Latham, Jr.,; south by Private Road; west by Long Island Lighting Company. THE CHAIRMAN: This is a postponed decision upon the application of Mrs. Latham, No. 2466 dated August 16, 1978, and at that hearing there was an application to divide a parcel owned by Betsy Latham into two pieces both of which would have been smaller than the present minumum requirement of the Zoning Ordinance. Accordingly, it was suggested with Mr. Douglass' assistance I believe, that the lots be enlarged by including part of the property which is owned by Betsy Latham and George Latham, Jr., across the right-of-way to the south. The survey which incorporates these changes is dated September 27, 1978 and indicates both of these lots will be slightly more than 40,000 squa feet, when divided. The westerly lot will have 40,134 square feet, and the easterly lot with the house on it will have 40,064 square feet. Th house lot will extend across the right-of-way. We noticed going over this application that there is no application for access which should be included. I think the decision of the Board should be subject to dividing this property as divided on survey of Van Tuyl dated September 27, 1978, and subject to obtaining approval of access from this Board in a separate application and recording both the division and access involved on the deeds being created in connection with this.. All of - this should be done within 6 months. Do you understand this? You should obtain approval of access, because you have other land that is involved. MR. DOUGLASS: The Town Attorney informed us that you have to apJ o independently for that 16 foot right-of-way to give access to this new piece of property. MRS. BETSY LATHAM: I was at my lawyer's today,, and he said he would take care of it. Filing it properly and all. MR. CHAIRMAN: Who is your attorney? MRS. LATHAM: Mr. Glickman. After investigation and inspection the Board finds that the SOUTHOLD TOWN BOAR )F APPEALS -4- October 19, 1978 applicant wishes to divide her property with insufficient frontage on a Private Road in Orient, New York. The applicant has been able to create two, 40,000 square foot lots by crossing a right-of-way and including part of property owned by the applicant and George E. Latham, Jr. to the south. -The Board finds that strict application of the Ordinance would 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 the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr_. Grigonis, it was RESOLVED that Betsy Latham, Private Road, Orient, New York, be GRANTED permission to divide property with insufficient frontage as requested. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by G. E. Latham, Jr.; south by Private Road; west by Long Island.Lighting Company, upon the following conditions: (1) Property will be divided as shown on survey of Van Tuyl dated September 27, 1978. (2) Applicant applying for approval of access over 16 foot right-of-way. (3) Suffolk County Planning Commission Approval Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. PUBLIC HEARI\ce, al No. 2478 - Upon applicat' n of Russell Tabor and Sons, MaOrient, New York for a va ance in accordance with the Zoning OrArticle III, Section 1 -31 and Bulk Area Schedule to dividewith insufficient ea and front and rear yard setbacks and iance in accordan with Town Law, Section 280A for approval s. Location of operty: Main Road, Orient, New York, bounded th by Main ad and Tabor; east by Tabor and Schriever; souo and Sch ever; west by Village Lane and Tabor. The Chairman opened theN y reading the application for a variance, legal notiZ davits attesting to its publi- cation in the officidisapproval from the Building Inspector. The Chaiatement from the Town Clerk that notification had beeB. Tabor; Ward R. Tabor; and William Schriever. THE CHAIRP The - County Tax Map iNicates this property is ���..�.`'�''�'".:i��v' - - -` �-_ _ "- r��='rs"' >mnrr�^.,�,r_ i.t'��:y`+r,;, :r•�'�sz7' ;-sc?x-'+"_` wv"..��'•f"m'i�,��'Y� >"'_^�:.".�� .R4u�:�;. SOUTHOLD TOWS. LOARD OF APPEALS -17- January 11, 1979 RESOLVED that John E. and Gail M. Lademann, Pine Neck Road, Southold, New York, be GRANTED permission to divide property with insufficient area and frontage. Location'of property: Alvah's Lane, Cutchogue, New York, bounded on the north by Remski; east by Long Island Vineyards, Inc.; west by Alvah's Lane; south by Blachly. Vote of the Board: Ayes: Gillispie, Grigonis, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2511 - Upon application of William G. Wysocki, Orchard Street, Orient, New York, (Samuel J. Glickman, Esq.) for a variance in accordance with Section 280A of the Town Law for recognition of access. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by Latham; south by Latham; west by Long Island Lighting Company.' 9 X10 The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official nespapers, and disapprove from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: LILCO': Wilsberg; Latham and Latham. Fee paid: $15.00. THE CHAIRMAN: The application is accompanied by a Van Tuyl map dated September 27, 1978, indicating the fact that this is literally the end of Long Island and the end of Route 25, because Route. 25 dead ends into this Right-of-way that we are talking about here. The right-of-way has a width of only 16 feet for a short distance. Is there anyone present who wishes to speak for this application? SAMUEL J. GLICKMAN, ESQ: I believe the Chairman of the Board has stated our case. All I wish to say is that on a prior variance application the petitioner, Mrs. Betsy Latham in dividing her land failed to ask for access at that time.. The road ends approximately 25 feet or more from the property in question, the Main Road. There are no other roads there except the 16-1/2 foot private right-of-way. The house intended to be built will be facing on the right-of-way. We respectfully request that the variance be granted. THE CHAIRMAN: Is there anyone else who wishes to speak for this application? (there was no response). Is there anyone who wishes to speak against this application? (there was no response). After investigation and inspection the Board finds that'a previous variance was granted creating a 40,000 square foot lot on behalf of the applicant. At that time an acess variance was not granted. The findings of the Board are that they'are in agreement with the reasoning of the applicant. There are no other roads to this property. Route 25 (Main Road), ends 25 feet to the west of this property. SOUTHOLD TOWN BOARD OF APPEALS -18- January 11, 1979 The Board finds that strict application of the ordinance would 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 the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that William G. Wysocki, Orchard Street, Orient, New York, be GRANTED recognition of access as requested. Location of property: Private Road, Orient, New York, bounded on the north by Wilsberg; east by Latham; south by Latham; west by Long Tsland Lighti Company. Vote of the Board: Ayes: Gillispie, Grig_onis, Tuthill and Douglass. UBLIC HEARING: Appeal No. 2503 •- Upon application of Pe r V. MCPart and, 45 Kew Gardens Road, Kew Gardens, New York, ford variant in acco dance with the Zoning Ordinance, Article III, Sec i'on 100-31 and Bulk arking Schedule for permission to construct a ouse with insufficie front yard setback.. Location of property. _ Waterview.. Drive and Ce ar Avenue, Southold, New York,. bounded the north by Johnson; east y Cedar Lane; south by Waterview Dr' e; west by Wilkinson. The Chairmanened the hearing by readjKg the application for a variance to the Zoni g Ordinance, legal no ice of hearing, affidavits attesting to its publi ation.in the offi al newspapers, and disappro from the Building Inspe tor. The Chai an also read a statement from the Town Clerk that noti cation by ertified mail had been made to: Getoff; Wilkinson and John on. Fe paid $15.00. THE CHAIRMAN: Basically is application is occasioned by an oddly shaped lot with a longe ength on Waterview Lane. The northerl side of the lot has about t e saN length. There is 99.20 feet on Cedar Lane and 61.20 feet/n the w sterly boundary line. The Watervic Lane side of the proper has approx., at 200 feet along that stree The northerly bo/he ine slopes, 1. is not parallel to the Watervi Lane line. Thilly an irregula y shaped trapezoid. In orde to place a house normal dimension they need a reduction for both front yardsotal area of the pr erty is $15,324 square f The lot is simiar to he other ones in the ea, except this is the one that they took out all the surveyor's mist es out on apparently. Is there anyone present who wishes to speak for his application? (There wa no response). Is there anyone who wis es to speak against this ap- ication? (there was no response.) The ap licant certainly needs relief to construct a house here at all. The djoining neighbc to Sze north has a 45 foot setback. The one on the o er side of tha ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ------------------------------------------ x In the Matter of the Application of DOUGLAS MORRIS ' (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 15 - 9 - 3.4 X COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING B I, J. KEVIN MCLAUGHLIN residing at 680 .Old Orchard Lane, East Marion ; New York, being duly sworn, depose and say that: On the 6th day of December , 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 Po; to the date of the subject hearing da 12/14/99. Sworn to bef re me this ' l3�day of ,19q—,?. Qualified in Suffolk Co y Commission Expires Dec. 8, - *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK X 11a the Matter of the Application of DOUGLAS MORRIS (Names of Applicants) Parcel ID #1000- 15 - 9 _ 3.4 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, J. KEVIN MCLAUGHLIN residing at 680 Old Orchard Lane, East Marion, J , New York, being duly sworn, depose and say that: On the 30th day of November , 1999 , I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or () County Real Property Office for eve perty which abuts and is across a public or private street, r Tu ar ri t of- ay of record, surrounding the applicant's property./ % `-- •� J: Sworn to 1-)e orme this day of tQ600Fbo tT 05wVork No.Qualified inCoug r, Commission Expiresres Dec. Dec. 8, PLEASE list, on the back of this Afffdai,it or on a sheet of paper, the lot numbers next to the owner names and.addresses for which notices were mailed Thank you. c�A—T} - 1000-15-9-4.3 / William Wysocki & ano., 145 Point Road, Orient, NY 11957 =; 1000-15-9-3.5 John Peter Wronowski & ors., 2 Ferry Street, New london, CT 06320 1000-15-9-4.2 Betsy Latham, 195 Point Road, Orient, NY 11957 1000-15-9-6.1 County of Suffolk, 330 Center Drive, Riverhead, NY 11901-3311 11/26/99 Mailed Legal Notices for 12/14/99 hearings to the following: Patricia C. Moore, Esq. (Re: Poggi, Faith Reform, and Kirsch) 51020 Main Road Southold, NY 11971 J. Kevin McLaughlin, Esq. (Re: Morris) P.o. Box 1210 Southold, NY 11971 Mrs. Marguerite Schondebare P.O. Box 14580 Southold, NY 11971 Burger Construction, Inc. (Re: Riley) P.O. Box 934 Cutchogue, NY 11935 Mrs. Christina Rivera (Re: Kalogeras) 250 Sound Beach Drive Mattituck, NY 11952 Zoumas Contracting Corp. (Re: Wheeler) P.O. Box 361 Fairway Drive Wading River, NY 11792 Richard F. Lark, Esq. (Re: McLean) 28785 .Main Road P.O. Box 973 Cutchogue, NY 11935 Harvey Arnoff, Esq. (Re: Lucey/Santacroce) P.O. Box 329 Riverhead, NY 11901 Gary Flanner Olsen, Esq. (Frank Field Realty) P.O. Box 706 Cutchogue, NY 11935 Suffolk Environmental Consulting, Inc. (Bahrenburg) Main Street P.O. Box 2003 Bridgehampton, NY 11932-2003 and Sorenson Construction Orchard Street Orient, NY 11957 Faxed to Suffolk Times 11/26/99 COUN-7 ( PuBz.. Ic Dap A27* .6A/r,ojw:" 5d,4'� paeadf �tjo. Z) ;;qE IVER M 3 44,$+�. 8- C014MA55101 0 941 'YAP14,44"k /V. ra 14 ire gr 4./"c C()> 69.94 EJ t p 0 tA 4A F TO BE ACOUI)2ED BY 0 K A.I. 6 3 *4 6 '4 0 F 30.og T Y OF SUFk i ON. r' ryZ70 2a zwo. 74 S. S. 1161 30FO)Z V- -e, -,0- 67•6 Voi,40,ow 14. Y -COUNT. Al. 343, 823. 5,3 F. 2,464 1182,86 Jti'Frie O.M (Po iff 71 0 beFAin illy) N Who 14 A 0 �A f�s, rN. A OJEC LV L E /71 of S'9 _V1 10 sQ. 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