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Home My WebLink About4663Ad / 9 ao P. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning o��SpFFO(�-C� 0 N x o�ol � Sao BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 8, 1999 Appl. No. 4663 — FRANK MIRCHEL PARCEL 1000-55-4-16 STREET & LOCALITY: 2485 Yennecott Drive, Southold DATE OF PUBLIC HEARING: March 25, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/ DESCRIPTION: The subject property is known as Lot 36 on the Map of Yennecott Park located along the northerly side of Yennecott Drive, Southold. Existing is an one- story, single-family frame dwelling with the "as built" addition. The dimensions of the property are 183.14 ft. along Yennecott Drive and 131 feet deep at the east side. The lot is 22,200+- sq. ft. in total area and is referred to as Lot 36 on the Map of Yennecott Park, Filed Map No. 5187, filed October 9, 1968 in the Office of the Suffolk County Clerk. BASIS OF APPEAL: The Building Inspector's January 27, 1999 Notice of Disapproval, under Article XXIV, Section 100-2448 for the reason that the setback of the "as built" addition is required to have a rear yard setback of 50 feet. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting approval of an "as built" 11'6" by 11'4" addition located at the rear of the dwelling at 35 feet from the rear property line, as shown on the Plan No. 6098 prepared by Warren A. Sambach, Sr., P.E. dated July 22, 1998, and shown on survey dated October 6, 1990, prepared by Stanley J. Isaksen, Jr. (No other variances are requested.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the addition is small and has existed for more than 20 years with no harm to the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the nonconforming setback was created by the prior owners, who constructed the addition. 3. The requested area variance is not substantial in relation to the code required 50 -foot setback. l � Page 2 - Appl. No. 4663 1000-55-4-16 (Mirchel) ZBA April 8, 1999 Meeting 4. The difficulty has not been self-created because the addition was constructed by the prior owners without a permit more than 20 years ago and the current owner/applicants wish to legalize the addition. 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the addition is located in the rear yard, which is well landscaped with trees and shrubbery. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION /ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to APPROVE the variance as applied for (as built). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island was absent as agreed.) This Resolution was duly adopted (4- 0). GERARD P. GOEHRINGER CHAIRMAN For Filing 4/14/99 Town C:er . V (Owner Wijhelni Fr en). Th.,,.,, Iss a request for;_a n at Exception: under Ar XX, Section 100-10148,-12 to vst�tsh'ar newt[efail'Gas"Sales-Coavenienee A Varianceis requested under the beryardand relate��"1:iwtiea;;whieh use is-�Boncontg�mg -lit this HgmleYSni siness orie. District. Location of Pr r & I Main Road, Mattituck;?EountyParcel of .Prgperiy: BY ORDER OF'THE ye off SPIYMOLD,� PWN fain Road~(S.R. `< BOAAIJi1;P"AAI.S- iY,•`Pareet 1000- GERARD P %tOl:`Hi�fi,F1FER under Article XXIV, Section 100- 244B, .based upon Notice of Disapproval issued January 27,1999 y,(r� lf` ti-�✓s" for approval of the setback location _-- of an "as built" addition to dwelling NOTICE OF located at 2495 Yennecot Drive, PUBLIC HEARING Southold, NY; County Tax Map SOUTHOLDTOWN PatRe11006-55.4-I6- BOARD OF APPEALS TUS p.m. Appl.; No. 4664 — THURSDAY,' - MARCH125,1999 '- RdHERT'LUSTGARTEN'(Joseph - Tatunno, Contract Vendee)..This is STATE OF NEW YORK I)TIYTICE IS HEREBY GIVEN; a request for a Variance under )SS: .pursuant to Section 267 of the town. Article XXIV,,Section. 100-244B, Law and the Code of :the Town of based�upon allotice of: Disapproval COUNTY OF S FOLK) Southold, the following applications. will, held for public hearings by issoed January19;.1999 to construct newt" dwelling, after demolishing ( p V.1 JLQ � �• 1 � � IS Of Mattltuck, in said the,SIOUTHOLD TOWN BOARD OF APPEALS, at the Southold exisiing dwelling„which building - aroai,.wilLexceed the. 20 code . COU being dui sworn, says that he/She is g y y Town. Hall, 53095 Main Road, ImijfaGon%r total lot covert and. Principal. clerk of THE SUFFOLK TIMES, a Soathold, New York r 1971, on ..THUJLSDAY, MARCH 25,1999 at be `,"tedless A635 feeffiom the froiN' property line. Location of weekly newspaper, published at Mattituck, in the times, noted below (or as soon PfoPctiy:. 2575 Old Orchard Lane, East',1Marloa, County the Town of Southold, County of Suffolk and them-ier-as;possible):. 636"�`pw Appl. 14o. 4652 — '. NY;. Tax Map 100¢137-6:7.1. State of New York, and that the Notice of which EDWAARD FORRESTT Rt. "is iRTMENT s a - Rt�$�,E� R1.".'ANn OYCE,B eRY. the annexed is a printed. copy, has been regu- request for a Town -Nide Inter- This is a, request for a Vpriance larly. published in said Newspaper once each pre'tation with regard to the .Southold Town Zoning code, Ar- under Article III -A, Section 100- 30 30 4 based upon a Notice of for weeksh successively, y ticle III, Section 100.31C(1), Ac- -- Dipproval dated January 2'L,.1999 commen , g on th//e]] �� day cessoryBuldings and Stmetures, for -anto, the Building De-. to 0`6nstruct new. detached two -car garkewith second floor attic, locat- Of (` 19 -1 ,answer partment%'Question: Ts a struMure chat was orig= ed ta,�.a yard other than the rgquired re ibard. This parcel is a corner lot illwb `desiened and intended to known as 1875 West Cove Road (at. bw vehicular use =a structure retie construed to be a cus Wegl Lpoti), Nassau' 'Point, Cutphogue, NY; County Tax Map Principal Clerkthat tomes structure or use that is M1Ctnmanly incidentaIto the prin. 1011 1 11-3-18; also referred to as LofS o on the Subdivision�Map of /j am 13¢aluse?” Ali oJersey Sworn to b fore me this 6:35 p.m. Appl No.: 4662 — - p•I,n Appl No. 4669 — /_V day of 19 /— PATRICIA RUSHIN & PAMELA MOTTLEYThis is a request for Vaiumces under Article III; - GLDINE: FEREND. Ibis is a re est for a Waiver of Lot under A In 11, Section 100-26, regarding ,,[[.� MARY OIAMA FOSTER , ,�,U (!q NOTARY €'UEi 1C, STATE OF NEW YORY, Sections.t00-32,100-33;and Seetion Lo #249, consisting. of ap- i -O 524555242, S6FFOLVCOUtiaY AUGUST 31,19E 1t1t1-235A(2) based upon. a Notice of proximately 26;000' sq. ft. in area, t,t,_ ,gISSICiN UPIRES Disapproval issued December 10; s""n on Amended Map A of f99Siathia pending subdivision pro- N u Point Club Properties. In the.. - jecR as follows: N e of .Disapproval issued June (a} hisufficient lot width for each 22,i 098, the Town determined that proposed Parcel A -and B, for th)ot has been merged with Lot one single-family dwelling use. #'Locatiotihof`.P[operty: 5125 oneach Parcel; an 345 Vanston Road, Cutchogue, (b) Insufficient lot area of pro- N?Mounty Tax Map Parcels 1000- posed Parcel A; 11 4-1 and 2. (c)Jtisufficient side yards for each pm.. Appl. No. 4671 — proposed Parcel A and B; RY ' L. FERGUSON'. MU- (d) Insufficient tota(.side, yards S - Variances. are requested. ' fora each proposed Parcel A u " Article XX1VSection: 100- and B. 24 and ArticleIli Section 10D - (e) "Proposed Parcel,:B — with 32' ; aced' upon two .Notices of "no safe and convenient ac• D proval issued February 2, cess".: : I for .permission to construct (f) Bathhouse structure on Parcel ` ion with msnificient froat yard A. - set ek(s)' and ' alterations to an Location of Property: 6850 Indian ' ext g nonconforming; (Museum) Neck Lane; Peeonic, NY; County us i this R-80 Residential' Zone 1hiq. Map Parcel 1006.86-7-5 (con- DlsFpct. Location of Property: N/W tainmg 3.43E acres). of r questrian Avenue (BellHill 665 pm. AppL No. 4655 — J-. A " no and West Street);: Fishers B6Yd?E AND HANDS FUEL CO.. (Continuation from February 23, - NY; County Talc Map No. 1 x,009-64-11.1. 1999)- Use of abutting strip of R-80 Pm. Appl. No.. 4668 — Residentially Zoned Land. N/s Main S THAMPTON LUMBER Road, Orient, NY part of fI1000-18-2- - . This is a request for a 33. 7'M p.m Appl. No. 4660 — V ace' under Article. XXIV, 5 n 100-241-G; for permission to EMPIRE PETROLEUM; Contract rea� ate (re-establish) use as a ban- FORM NO.. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT \1 SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL 7 YY G ' DATE:.... ..... FA 8 . Warren A. Sambach, A/C Mirchel To........................................ P.O. Box 1033, 7675 Cox Lane CutchoguJly e� New York 91935 PLEASE. TAKE NOTICE that your application dated ...._.... 22 98 19.. for permit toan._as built" addition to a single.family_dvelling at 2485- Yennecott Drive Southold Location of Property ............................................................. House No. Street Hamlet County'Tax Map No. 1000 - Section ....... 4 LOT .1§....... BLOCK ...... ... Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds ,the "as built'. addition_ being .located on a non -conforming lot in an R-40.Zone and being constructed between 1974-1975 (see attached letter from Warren Sambach October 5; 1998)was reauired to have a rear yard setback of 50'. .Pursuant to Article I, Section 203.1. The Building Zone Ordinance of _the, Town of_ SoutwO..U4Y€Ocr. 1971 ........ ........... ............ ........ ... ....... .......... _. . ..�....._.... BUIL IN ECTOR RV 1/80 u� FORM NO I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL. SOUTHOLD, N.Y. 11971 TEL: 765-1802 1,ouimined.................. 19..,. Approved .................. 1905.15001 --... Permit No .... .......... Disapproved a/c .. _. 05.15 :1.� ... 7.. "D OF HEALTH ... 3`,,�-;TS OF PANS ............... SURVEY .._......_ CHECK......................... SEPTIC FORM ................... NOTIFY: WARREN A'. SAMBACH SR.P CALL ,734-7492 MAIL. T0: PO_.BQX. 103. _ . . 7675 CQX LANE ... .......,. 9009GUE_NY.:11935 ................... --(Building Inspector) APPLICATION FOR BUILDING PERMIT JULY SO 19 Date.. 98. 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 toschedule. b. Plot plan slowing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed descriptionoflayout of property mist be drawn on the diagram which is part of this application c. The work covered by this application ray not be commenced before issuance of Building Permit. d. Upon approval of this. application, the Building Inspector will issue a Building Permit to the applicant. Such permit scall be kept an 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 Tann 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 inspections. (Signature of applicant, or name, if a corporation) P.O. BOX 1033 7675 Cox Lane, Cutchogue (Mlailing'address of applicant) 11935 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. CONSULTING ENGINEER ........................................................................................................................ Hare of owner of promises _DR: FRANK & ETHEL JEAN- MIRCHEL (as au the Cax roll or latestdeed) If applicant is a corporation, signature of duly authorized officer. ......................................................... (Name and title of corporate officer) Builders License No..........................(TO BE SELECTED) Plumbers License No . ......................... Electricians. License No . ..................... Other Trade's License No . .................... 1. Location of land on which proposed work will be done.............................................................. 2485 YENNECOTT DRIVE SOUTHOLD, NY 11971 ....................................................................................................................... House Number Street Hamlet Qxmty Tax Map No. 1000 Section b V Block ..11 ............ Lot 16 .............. -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 ONE FAMILY RESIDENCE SUNROOM . b. Intended use and occupancy OHF_FAMILY_RESIDENCE ......................... I3��g u�� I Ranre of work ( wckwihich almpliL.ole): N%w Ikdloing :.I....... Acklitiod.;XXXXX Al teras ion XXXXX... Mixrir ............ Mmrmal ............. Ikearilition- ....... ....: Other lxxk t...... ..................... (nesclri peon) 4. Estinotcd 6nst .$.8,50.0.D0-......... fee ............... I ....................... ........ (to be paid co filing. this�apiplication) 5. if dwelling, n.mimer of dwelling units ........ llrnber of dwelling cnmits on each floor ................ Ifgarage, ,sober of cars ...................................... 6, If losiness, canrercial or mixed occupancy, specify nature and extent of eaclr type of use.. ........ ...... 7. Dimensions of existing structures, if. any: Front ................ Rear Ueptb ................. Ileigbt' - ....................... Nrniier of Stories Ilinensinms of sam structure with alterations or additions: Front ............... Rear .............:. Depth .................... IleifllmC - ................... Nnixr of Stories ............... g. Ilinensions of: entire new constnrtion: Front ..1-2-,- ... I(ear .....1.2'...... Depth .1.2!......... 1@il;fht ........ 1.8 l ............. Naber of: Stories . TWn............... 9. Size of lot; Front 183.14, 168.24! Depth 135.10. &- 131.0' ......... Rear .---•-- - 10. tkrre of Purchase ..................... talo of Forner Owner ... ........ - ........................... Il. Zone or use district in wlmidh premises are situated 1 -740 •.................. 12,. hoes proposed construction violate any oiling .law, ordinance. or regulation: .... NO-•. ••--.....-- 13. Will lot be regraded NOWill excess fill be rerrnred Fran prenises: YES NO Dr. Frank-& Ethel — 14.. Nacos of Qnher..of pronises Jeail,l"ll.rft.Ejil.- ....... .. Address 2485..Y.ennecott..Drive. Pion No.7.fi5..5121-5. n�( sneer Southold NY;'11971 , Nine ofluxmRt ...Warren.A.–Sambach–Sr.... Mklresspp.;Sox-.1-03-3-Cutchogttelio,x'No•734-749-2' Nane of. Contractor. ............ .. . _................. tuklress ...I'lone R). 15. is this property within 300 feet of a tidal wetiand? * YES .......... NOX..... *IF YES, SkXfIl"D 1UN 'IMISM—S 1'1'Iurr my Rt"RG(gifu). pl.o'r DiAGIIAM. i:ncate clearly and distinctly all buildings,.wieLlier existing, or. proposed, anl.irxlicate all set back dimensions fron property limes.: Give street andblockmdmer'or description according to deed, ani show street nacos -.and indicate m,lmether interior or corner lot. Sri}iawny ¢7.p, .. 3S• ' i !/O ro Roan 95avcr �.. QhlL%. 5 Z�r2y to /�C�Sl�Cyn3[Gr m N. La rL P Simi- (M.- ww Y(AM, h �J .SOUT SS C IX)11N1Y.(Ar... - ... r....en. ...,,S...... Ch„SY. .... ---being duly sworn, deposes andsaysthat lie is the alpil icant (N:nrB of individual signing contract) alxrve ruimr'd, Consulting Engineer Ikeis (lie ...........:.................................... (Qc A-ractor, agent, corporate officer, etc.) of said (saneroramens, and is duly.. uutorized to perfond or have p>erforumed the said work and to n[rke and file this application; that: all statarents contained in this application are tux to the best of his knowledge and lxl:ief; arxl 111,11 the work will. be perfomed in the nvi ner set. .forth in the application filed therewith. axiroLo Imef�oorreeCn .this. Nmtary public �.......;..... . . I Y w""�-”`-.• � .. (w iii.:. (Signature of Applicant) ht_k-EN U. HORNS N tart' P,bLc, Stale el Now York No. 4951354 Qualified in Suffolk County 99 Commission Expires May 22,19-L-,,( TOWN, OF SOUTHOLD, NEW YORK 42 (,3 RECE[Ven APPEAL FROM DECISION OF BUILDING INSPECTORAPPEAL NO. FEB 5 1999 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF Sj%%gL`C7; *tfftotd WARREN A. SAMBACH SR, P.O. BOX 1033 7675 COX LANE 1, (9w) Aic... MS.Rr_mKL ......... ......................of ......... ......... ......... ........... Name of Appellant Street and Number CUTCHOGUE NY 1193.. „° HEREBY APPEAL TO :.................................................................. ......................... ..9 MunicipalityState THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . .................................... DATED ............. WHEREBY THE BUILDING, INSPECTOR DENIED TO .FRANK,. S JEAN 1viIRCHEL..........I................... Name of Applicant for permit of YENNECOTT:.. DRIVE .• • •• SOUTHOLD... Street and Number Municipality (X) PERMIT TO USE (X) PERMIT FOR OCCUPANCY ........... 1Ad3L..... 1.19.7.1...... State 1. LOCATION OF THE PROPERTY r#B 2 YENNECOTT IDRIVE, SOUTHOLD, NY 11971 R— 40 ........................ Street /Hamlet / Use District on Zoning Map District 1000 Section 55 Block 4 Lot 16 Frank & Jean Mirchel .............Current Owner Map No. Lot No. Prior Owner M_ J_ Roberts 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article I Section 203.1 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No.................................Dated...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance' is requested \for the reason that the previousowner constructed tia, f f rst floor extension to be used as a sun room and with a storage—flower growing area to the rear of the basement. Plans and appliatios were never filed - and the present owners would like to legalize the construction and obtain a certificate of occupancy. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties; or unneces- sary HARDSHIP because existing size of the property does not conform to the R-40 zone and cold, not be developed without a variance. The existing construction would 'have to be removed at an expense not caused by the present owners. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the zone was changed after -.the developmentwasconstructed in the 170's. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becausethe addition vould not be a determ neat to nearby properties of the district and the alleged difficulty was not, created by the present owners.The existing property is sloped to the rear and has been left in the original growth of trees and wild shurberry. `She adjoining properties and the existing residence are'locatted on a minimum of one ahlf acre of land when the development was cnstructed under the zoning code at tat time. The existing residence and sun, room addition is 1653 sq, ft. which occupies 8_50% of the 212,232 sq. ft. of property. The present zone Ft -40 allown 20% of the property to be occupied and the present residence is well within the allowable. STATE OF NEW YORK ) ) ss ....... .. .'`...a, ---Ar.. . ...................... COUNTY OF S(*FDLM ) Signature Sworn to this ................... �.;(.,........ I....... day of.......... ................... 1999 Notary Public JOYCE Nf. V41MINS Notary Pubiio, State of New York No. 4952246, Suifoik Term Expires June 12, MCI:) ✓e d) C) ss - - /� TOWN OF SOUTHOLD PROPERTY= RECbkb tAkb OWNER STREET.I�'-�j VILLAGE DIST. SUB. LOT 'y - v FORMER OWNER N E ACR %tRu veQ y d/a.✓ Y r S W TYPE OF BUILDING RES2' vSEAS: VL. FARM COMM. CB. MICS. " Mkt. Value LAND IMP. TOTAL DATE REMARKS Seo So a -;-A Ag v� .' l �`` v /o o O S' /a t t o n Sot SA14� Y/hp.,,i rO& — A7 iy �o6P�7 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value - Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland. DEPTH Plot BULKHEAD �, M A ip oFi wi Z_ /7 e7'2p..E /eo8.24 Fd 0 0Q 5 � S�ory G(�pA7/ M ',• In Q3' ,N J V ! N y I V YENNECOT T DRIVE FILE MAP No, 5187. SURVEYED.6 OCTORER 1990 FILED OCT. 9,1968 SCALE 1': 40' TAX MAP INDEX No: 1000-55-4.-16 Copia of tbis�sarvey map not bearing Nn Land Surveyers embowd sed shall SURVEY OF not be aend WW to be a VON true LOT 36 COY IN MAP OF YENNECOTT _ PA RK 0 c t ts alteration c. oa wn a * SITUATE rv;,y 14 a dchilow of fFil, 720* of SOUTHOLD TOWN OF SOUTHOLCP* N*w York Nu Oke Lw% SUFFOLK COUNTY • NEW YORK SURVEYED FOR FRANK ETHEL-JEAN MIRCHEL Gwrodaes bdieeted fore on #A run GUARANTEED TO ody to the person far whom No •"wy SURVEYED BY.,,. FRANKS ETHEL-JEAN MIRCHEL k prepared, and an his beW to do uFTANLEY f" lSAkSEN, JR. TOWN OF SOUTHOLD We compony, Gevermeoml Aaenty, P,O.' BOX 2.94, coding tnstiktio% if listed two$ , and '.NEW. SUFFOLK, N.Y. 119 :0 ar auigMes of she lending 1nslHaMen: Guarani*" an not transferable to ' additional imNhAfons or wbwquwd Avntem ii, ,r 13f� ICE D LAND S EYOR ��'3 63r1 it i�twp }IGV2f? ��D N.Y. LIC. NO. 49 3 .._ 9CR444 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNT' EXECUTIVE STEPHEN M. JONES, A.I.C.P. ,dM'NING April 20, 1999 APR 2 6;999 1 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) V► irchel, Frank & Jean Barry, Robert Sica, John T. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc A:\SD4663.APR 4663 4666 4667 & 4670 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 1 788-0099 TELECOPIER (5 1 6) 853-4044 1,1 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold,, New York, hereby refers the following to the Suffolk County planning Omission: x_ Variance from the Zoning Code, Article x x i v , Section Variance from Determination of Southold Town Building Inspector Special Exception, Article Special Permit Appeal No: 4663 Applicant: Location of Affected Land: 2485 County Tax Map Item No.: 1000 - Within 500 feet of: . Town or Village Boundary Line , Section Frank & Jeam Mirchel Yennecott Drive, Southold, NY 55-4-16 _* 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 . t 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 "An ilt" addition- =-wear var-d setback Copies of Town file and related documents enclosed for your review. Dated:A),,,/, ��:. 1999 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD April 13, 1999 Mr. Warren Sambach 7675 Cox Lane Box 1033 Cutchogue, NY 11935 Re: Appl. No. 4663 - Variance ( Mirchel) Dear Mr. Sambach: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's determination which granted the variance as applied for. Please be sure to follow-up with the Building Department regarding plans and any other information that may be required for their review in the building permit review process. A copy of this determination has been furnished to the Building Department for placement with the original building permit application and update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department Original Decision filed with Town Clerk's Office 4/14 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: February 8 1999 RE: Zoning Appeal No. 4663 - Frank & Jean Mirchel Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4663 - Frank & Jean Mirchel. Also included is Notices Of Disapproval dated January 27, 1999 and October 13, 1998 with Building Permit Application attatched, letter from Warren Sambach, dated October 5, 1998, Copy of Survey, Copy of Plans, Z.B.A. Questionnaire, Applicant Transactional Disclosure Form and copy of Resolution, dated November 23, 1971. 1 i FORM NO_ 3 c a) clla . 20S� . e 0,,.� . TOWN OF SODTHOLD ) C� D "'7T BUILDING DEPARTMENT{ SOUTHOLD, N.Y. �- NOTICE OF DISAPPROVAL DATE: .October .13:.1998-----_-_--- To Warren A. Sambach, A/C Mirchel--------- P.O. Box -1033, -7675 Cox Lane ... .................- - - - - - - - .. - Cutchogue; Aqvi York --11935 ------------- ' July 22 19-98 PLEASE TARE NOTICE that your application dated _ ..__ for permit to..............................an "as built" addition to -a sinitle-family-dwelling--------------- at _ ..... ....... 2485 Yennecott Drive Southold Locationof Property............................................................. House No. Street Hamlet County Tag Map No. 1000 - Section ..55.._..._ BLOCK ...4_------ LOT -16 .......... Subdivision ................................ Filed Map No. .........Lot No. ........ is returned herewith and disapproved on the following grounds the "as built" addition, being located on a nonconforming.lot -in-an-R_40- Zone -and -being -constructed.between --------- .. ............... 1974-1975 (see attached letter from Warren Sambach October 5; 1998) was required ............................................................................................ ........................ to have a rear yard setback of............................................................... 50PursuanttoArticleI Section 203.1The uildi.npti - ..-- Zone Ordinance of the-Town-of-Southold.V ygmh@r-1471................................... -------------------------------------------------------------------_... .......,...----- ---------- - -`-. /----........ BUIL IN ECTOR RV 1/80 File No: 5098 WARREN A. SAMBACH, SR. CONSULTING ENGINEERS • PLANNERS 7675 COX LANE • P.O. BOX 1033 CUTCHOGUE, NY 11935 (516) 734-7492 October 5, 1998 Building Department Tour_ of Southol.0 Tc�.'n Hall 53095 Main Road F.O. Box.. 1170 Southold, NY 11971 Re: Dr. Frank &Etbal Jean Mirchel 2485 Yennecott Drive Sout-bold, NY 11971 Gary Fisk. Be advised that the orioinal construction of a deck to the rear of the residence was starter: in 1974-75. The -revious owner desired to enclosed t' -:e deck and added s -ails, rith storm wZndo-us and a roof. Unger the deck_ at grace level an enclosure was made Cf plastic sheets. The purpose of this application is to legalize the structure. Sincerely, Marren A. Sanbach Sr. P.E. was:s cc: Mirchel'.s Ifs• ____.--_._ _ d , y N /7 fee 0 In h,,1 m _ h�,, M %% ZE o.3Q�3' V R 0 63 z I1� 0 O 0 0 J < .� Y1 C t YENN `COT T DRIVE FILE MAP No. 5187 SURVEYED 6 OCTOBE#91990 FILED OCT. 9,1968 SCALE !":40' TAX MAP IN19EX No. 1000-55-4-16 Copies of this survey map not Learing the Land surveyors embossed seal ,hon SURVEY OF not be considered to be a valid true LST 36 �N MAP OF Y 'NN,- �' PA RIC �.0 alteration adeilkn tv SI TUATE ryuy 6 o viokmm of S.cie" 720 SOUTHOLD TOWN OF SOUTHOLCP` N&W York stat. Nuoaft Lwd SUFFOLK COUNTY • E YORK N SURVEYED FOR • FRANK8 ETHEL-JEAN MIRCHEL Grarantees whooted fiere an shall run GUARANTEED TO only to the person for wbwn the strvey SURVEYED BY FRANK nEA is prepared, and an his behalf to the STANLEY J. ISAKSEN, JR TOWN title ccmpcny, Cawrmental Apenq, P.O. BOX 294 :nding insfihfion, if Wed hereeA, and NEW SUFFOLK , N.Y. 1I9 :o the assignees of the Iendin� 1�lituti&L Guarantees are not transferable to additional institutions or wbsegwM owners. IC ED LAND S Et'O w i '';:. N.Y.E LIC. NO. 49' .:3i. - - — .9OR444 _f At a meeting of the Town Board of the Town of Southold hely at the Supervisor's Office, 16 South Street, Greenport, New York on the 23rd day of November, 1971. WHEREAS, this Board held a public hearing on the 28th day of September, 1971, in the matter of the amendment of the town ordinance entitled "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Maps forming a part thereof at which time all interested persons were given an opportunity to be heard with respect to said matter, and WHEREAS, this Board now deems it in the public interest.that said proposed amendments be enacted, NOW, THEREFORE, BE IT RESOLVED that "The Building Zone _ Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Maps forming a part thereof consisting of six sections designated A to F inclusive and which have been signed by the members i of this Board be amended as follows, to wit: At a meeting of the Town Board of the Town of Southold hely at the Supervisor's Office, 16 South Street, Greenport, New York on the 23rd day of November, 1971. WHEREAS, this Board held a public hearing on the 28th day of September, 1971, in the matter of the amendment of the town ordinance entitled "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Maps forming a part thereof at which time all interested persons were given an opportunity to be heard with respect to said matter, and WHEREAS, this Board now deems it in the public interest.that said proposed amendments be enacted, NOW, THEREFORE, BE IT RESOLVED that "The Building Zone _ Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Maps forming a part thereof consisting of six sections designated A to F inclusive and which have been signed by the members i of this Board be amended as follows, to wit: Y41 y rn -cs a� � e l "A" RESIDENT DISTRICT. MULTIPLE RESIDENCE DISTRICTS BUSINESS DISTRICTS INDUSTRIAL DISTRICTS A - Without Public Water and Public Sewer B;,, - With Public Water and Public Sewer "M" Light 40, 000 135 50 15 35 50 See Ord. See Ord. 25% "M-1" General "B" Light 11B-1" General "C" Light "C-1" General 80, 000 20, 000 30,000 40, 000 200,000 MINIMUM Single Fam. Dwg Two Fam Dwg REQUIREMENTS A=:, B= A* B*- Total Lot Area (sq. ft.) 40, 000, ''20, 000 80, 000, '.'40, 000 Lot Width (ft.) 135 100 270 135 Lot Depth (ft.) 175 150 250 200 Front Yard (ft.) 50 35 50 35 One Side Yard (ft.) 15 10 25 15 Both Side Yards (ft.) 35 25 45 35 R. Yard (ft.) 50 25 Livable Floor Area (s4 $) 850 850 850 850 Per D. U. Off -Street Parking Spaces 2 2 3 3 Per D. U. MAXIMUM PERMITTED Lot Coverage 20% 2516 209/o 25% Building Height (1) number of stories 2-1/2 2-1/2 2-1/2 -2-1/2 (2) feet 35 35 35 '35 A - Without Public Water and Public Sewer B;,, - With Public Water and Public Sewer "M" Light 40, 000 135 50 15 35 50 See Ord. See Ord. 25% "M-1" General "B" Light 11B-1" General "C" Light "C-1" General 80, 000 20, 000 30,000 40, 000 200,000 200 60 150 200 300 50 35 35 200 150 20 25 30 50 45 50 60 100 50 25 35 50 100 See Ord. See Ord. 25% See Ord. See Ord. See Ord. See Ord. See Ord. See Ord. See Ord. See Ord. 2-1/2 2-1/2 2 2 2 2 35 35 30 35 35 35 To,6n f�oARD, e.5 AppLICANT TRANSACTIONAL D:ISCI.OSURB FORH Che Town of Southold's Code of Ethics roliibits conflictsofo1: interest on the art of town off cera and em to ees, ur ose of this form is to ro�ride information wh ch can. Teresb and alert the town °f°action conflict' isnecessart tont,, sameallvw it.bo take whatever WARREN A. SAMBACH SR. for YOUR NAHIis DR. FRANK & JEAN MIRCHEL (Last name, first name, middle-init 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 X Change of zone___ Approval -of plat X_� 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 thold? "Relationship" includes employee of the Town of Sou i blood, means ae., or business business, includingeatpartnersisips in interest" means ee has even a partial which the town officer or employ has even a partsonAn which ownership of (or employment by) P the town officer or employee owns more than 5% of the shares.. YES NO XXyX — If you a ed nsvered-"YESindica le a the balance of this form and date and sign wh Name of person employed by bile Town of Southold Tible or position of that person Describe the relationship between yourself (bite applicant) and the.town officer'or mlD)se. and/orther describekinhthe space appropriate line A) through provided. The town of or employeeal�rt,,ais or tier spouse, sibling, parent, or child is (check A) the owner of greater than 5% of bile shares of tile canl corporate stock bE the applicant (when the app. is a corporation)i any interest in a B) the legal or beneficial owner of applicant is not a noncorporate enbiby (when t1�e .corporation): ee of the C) an officer, director, partner, or employ applicanbi or D) the actual.applicanb. DESCRIPTION OF 11ELATIONST11P Submitted bilis 27 day of Jan 1999 Signabure IU+ &L Print name WARREN A. SAMBACH SR. 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 be attached.) DR. FRANK & JEAN MIRCHEL-OWNER B. Is the subject premises l sted on the real estate market fat -sale or being shown to prospective buyers? { } Yes - {xx} No. (If Yes, PIPAS attach copy of "conditions" of sale.) C. Are there any Frvposals tm change x= 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? No 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have. you contacted the Office of the Town Trustees for its determination of jurisdiction? No E. Is there a depression or sloping elevation. near the area of proposed construction at or below five feet above mean sea level? NIA:- (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown an the survey map that you ara 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. --� 3 [2,7— H. Do you or any co-owner also own other land close to this C5 parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ONE FANTT.Y RF.STRENCE and proposed use ONF. FANTT.Y RESIDENCE Authorized Signature and Date 3/87, 10/901k NYSRPS ASSESSMENT INQUIRY DATE 3/22/99 473889 SOUTHOLD SCHOOL SOUTHOLD SCHOOI ROLL SEC TAXABLE ' I "--PRCLS 210 1 FAMILY RES TOTAL RES SITE 1 55.-4-16 TOTAL COM SITE 2485 YENNECOTT DR ACCT NO 08 OWNER & MAILING INFO===j=MISC j________ ______ ASSESSMENT DATA MIRCHEL FRANK A & ETHEL J IRS -SS I **CURRENT** RES PERCENT PO BOX 1546 1 1 BLAND 1,200 **TAXABLE** SOUTHOLD NY 11971 1 BANK ITOTAL 6,400 COUNTY 3,175 **PRIOR** TOWN 3,175 BLAND 1,200 SCHOOL 6,400 NOTAL 6,400 ==DIMENSIONS=__j____=_= SALES INFORMATION __________________________________ ACRES .56 [BOOK 10224 SALE DATE 12/01/86 SALE PRICE 175,000 PAGE 00563 PR OWNER ROBERTS MARTHA J __=====TOTAL EXEMPTIONS 2TOTAL SPECIAL DISTRICTS 4 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE 41131 1,305 .25� 90 IFD028 41141 1,920 .60 90 IPK070 IWW020 iSW011 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-017 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU ,. FOR BOARD AND STAFF USE Updated New Information /Z /b 1744W3 1.7 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 25, 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 a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MARCH 25, 1999 at the time noted below (or as soon thereafter as possible): 7:20 p.m. Appl. No. 4663 - DR. FRANK AND JEAN MIRCHEL. This is a request for a Variance under Article XXIV, Section 100-244B, based upon a Notice of Disapproval issued January 27, 1999 for approval of the setback location of an "as built" addition to dwelling located at 2485 Yennecott Drive, Southold, NY; County Tax Map Parcel 1000-55-4-16. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring 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: March 8, 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 ---------------------------- ----------- In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign g upon rp�, Applicant's Land Identified as r 1000- - - ----------- COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING My61999 lJ I, L 7�J� tc�l ✓U �2l i�z- residing at o 0 , New York, being duly sworn, depose and say that: On the S day of M4 RC 71 ,19"IV, I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for• seven days prior to the date of the subject hearing date, which hearing date was shown to be (Signature) Sworn to before me this day of lyarcA , 19 '. (Notary Public) j LINDA F KOWALSKI Notary Public, Stas of NewYork..: . No. 52-4524771 Qualified in Suffolk County 2aoa Commission Expires Now. 30,; *near the entrance or driveway entrance of my property, as the area most visible to passersby. BOARD OF APPEALS : TOWN OF SOUTHOLD --=--------------------------------x In the Matter of the Application Of AFFIDAVIT OF MAILING A DR. FRANK & JEAN MIRCHEL' (Name of Applicants) ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, WARREN A. SAMBAMs,�#ng at 255 DOGWOOD LANE EAST MARION NY 1193 New York, being duly sworn, depose and say that: 1) On the 19 day of MARCH , 1999 , I personally mailed, by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each name below certified mail, return receipt requested (attach post office receipts here) : Name of Surrounding Property Owner Mailing Address Larry Salmiery 1.300 T,nnc Crgek Drive get3zhe1dNY 11971 1 L. Harwood & T.J. Harwood 1305 Cherry Street Pottstown Pa -..19564 Thn1as Hann1d 2205 YQaoeentt Drive Seutheld NY 11971 and, 2) O the 19d of . march 19-99 I personally posted the subject prope ty id ntified as istrict 1000, Section 55 , Block Q , o 16 by placing the Town's official poster ten (10) feet, o closer, from t property line facing the street or facing the rig o way, and t I have checked to be sure the poster has reamed in place for se n full days prior to the subject hearing date,/which is J,ul , 24 1997. Sworn to before me this ��ss(signature) 4,4�day of /�H ELENE D. HORNE 44_4� Notary Public, State of Newyork No. 4.951364 Notary Public Qualified in Suffolk County Commission Expires May 22, 19 **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m.) Thank you. F VARIONCE; IPS04"Ptr NOTICE OF HE NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: FofkAlAofy JOS00'Aw MitcffFL DATE OF PUBLIC HEARING: 7-d`zees, AIRRC11 as i 999 7rzdPP#" & 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 3 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 'L OFFICE OF ZONING BOARD OFAPPEAL5 53095 Main Road SoutholdNY 11971 (516) 765-1809 fax 765-9064 March 8, 1999 Re: Chapter 58 — Public Notice for Thursday, March 25, 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 L.I. Traveler Newspaper, the Town's official newspaper for 1998-99. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice, as soon as possible, with the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown .on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office 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 3/18/99. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) . days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to postpone your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office m , � d h Z"X i 2"y O" T i h_ P�lti � Ini )t►J f7t. tv i x N 1 !' 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