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HomeMy WebLinkAbout4715___ '- �_ r'�i_�-_. _ �-_�. _. _. �������'----__-__-- ------ _ __ /�7 _ �L��/�5 _C�1�?d' _1 _���'��_- � �_c--.�E; i_ ivy' �L_�cfC_7' _____-_ _----_ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning O�OgUFFOC,�coG H x BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 28, 1999 Appl. No. 4715 - GREGORY MICHAELIS 1000-68-3-13 STREET & LOCALITY: 430 Salt Marsh Lane, Peconic DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 15,795 sq. ft. in area with 150 ft. frontage along the northerly side of Salt Marsh Lane (a/k/a Lake View Avenue), Peconic. The lot is improved with a single-family dwelling situated close to the Coastal Erosion Hazard Line and top of the bank of the Long Island Sound. BASIS OF APPLICATION: Building Department's two Notices of Disapproval dated June 8, 1999 citing Article III, Section 100-33 and Article XXIII, Section 100-231 of the Zoning Code with respect to the proposed side yard location of an in -ground pool (16' by 30') with upper and lower decks, and the proposed 10 ft. high fence around a new tennis court structure. AREA VARIANCE RELIEF REQUESTED: Applicant requests Variances for a proposed in -ground pool with deck 10 ft. extension with an easterly sideyard setback at 15 feet from the top of wall and deck area. The pool and deck areas are proposed at the same nonconforming setback of the dwelling from the L.I. Sound (not closer). The accessory tennis court structure is proposed in the required front yard of this waterfront parcel, however, the height of the fencing for the tennis court is proposed at 10 feet. (No other areas are noted in the June 8, 1999 Notices of Disapproval.) REASONS FOR BOARD ACTION. DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the minimum 15 ft. side yard setback of the pool would meet the requirement for a dwelling addition. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance due to the variable elevations of the land. 3. The requested area variance is not substantial. 4. No evidence has been submitted to show that either the proposed pool with deck or the tennis court fencing would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created and is related to the topography of the land and the t •, Page 2 - July 28, 1999 ZBA Appl. No. 4715 - G. Michelis Parcel 1000-68-3-13 at Southold IayouL of the building areas. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new in -ground pool with deck and 10 ft. high fencing for a tennis court structure, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the variances, as applied for, SUBJECT TO THE FOLLOWING CONDITION: Six to 8 ft. high screening, arborvitae or similar evergreen, shall be planted 3 ft. to 5 ft. apart, and continuously maintained for the entire length of the tennis court on the west side. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Collins. This Resolution was duly ADOPTED (4-0). (Member Homing of Fishers Island was absent.) �IUITIVUvj JA ES DINIZIO,JR. CHAIRMAN PRO TEM For filing about 8/6/99 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE V5M HOUR 915'4W AR Town Clerk, Town ATE OF NEW YORK) )SS: 1���„N;���.y' OF SUFFOLK) J�� n FN I I j( i,3 of Mattituck, in said xnty, being duly sworn, says that he/she is nclpal clerk of THE SUFFOLK TIMES, a wkly newspaper, published at Mattituck, in Town of Southold, County of Suffolk and to of New York, and that the Notice of which annexed is a printed copy, has been regu- y published in said Newspaper once each ;k for _weeks sccessively, une ci1g on the SN day 19 W )rn to before me this to Of 19 5 ties ��,eS�gnate`F7 sareagadab" .21„4Q. 7e MARY DIANA FO-IJER e`,gnesnons p�easedoyp�C,hesi: cai1.515}6r$��, AUqNSY PUBM, ryAlE ryFREBY YORK .. NO5246,524Z SUFFOLK CO -01Y '., ase£ O-mv,1SS!Jl�-pm, sAU-UST 31,lq%5 ME "',g,:ttie. ._ A,,.,�..�,y� - �' s ties ��,eS�gnate`F7 sareagadab" .21„4Q. 7e cmvie�,w°dun. gll-xegula5 'aw nstaess�.hneup+&`{p) e`,gnesnons p�easedoyp�C,hesi: cai1.515}6r$��, J� .. ga:anne2��1999� .ej�tts IYe - n,'B�ORDER°QFTHE.g EOA�#A�QR'A'PPEA'Fs� dodta1O��� GERARDP¢OE�RINGEit'- A,,.,�..�,y� - �' s �` da,KotrvalsY[ i a M4-ITtvl IAIF?42G0m a'Ingtber�ard � oved'nuag- }!. m8ce ,as�i-! nfo[�g%use'' -t[odni"inore 4s dasstticadoa 430 5att'M Pecoriic!N FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL /12� 12-) that your application dated April 7, 1999 DATE; June 8 1999 at aperty 430 Salt Marsh Lane Peconic hap"*lo. 1000 - Section 68 Block 3 Lot 13 Filed Map # Lot # G ., and disapproved on the following grounds; pursuant to Article III Section 100-33 n Authorized Signature k FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ce, '2(— DATE; June 8 1999 TO Gregory Michelis A/C Joseph Fischetti 430 Salt Marsh Lane Peconic N.Y. 11958 Please take notice that your application dated April 7, 1999 For permit to construct an accessor +tennis court and fence enclosure at Location of property 430 Salt Marsh Lane Peconic County Tax Map No. 1000 Section 68 Block 3 Lot 13 Subdivision Is returned herewith limitations: Filed Map # Lot # on the following grounds; pursuant to Article XXIII Section Proposedfence enclosure for accessory tennis court is 10 (ten) feet in height. Authorize Signature BOARD OF HEALTH ...... 3 SETS OF PLANS ....... FORM NO. 1 SURVEY TOWN OFSOUTHOLD CHECK .......... BUILDING DEPARTMENT SEPTIC FORM .............: TOWN HALL SOUTHOLD, N.Y. 11971 NOTIFY --)1< --XK fJ TEL.: 765-1802 MAIL TO: Examined U— ' ' ' ' .. � .., 19 !: Approved .................. 19 ... Permit No........... . Disapproved a/c ..................................... . (' Building Inspector) APPLICATION FOR BUILDING PERMIT 1-71M 1-�l Date ................... 1S n G. O6a INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, w 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 si or areas,.and giving a detailed description, of layout of property must be drawn on the diagram which is part of this 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 p, shall be kept on the premisesavailable 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 Occur shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant t Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinanc Regulations, for the construction of buildings, additions or alteratio , or fo oval or demolition, as herein desci The applicant agrees to comply with all applicable laws, ordinances, ilding de, using code, and regulations, ai admit authorized inspectors on premises and in building for necessary in ections. ��,,��,,AA.� ........ ..... ............'.a:........ (S ana re of ap is , or name, if a corporation) .......................................... (Mailing address of applicant) State whether applicant is owner, lessee agent, architect, engineer, general contractor, electrician, plumber or bui ,gf�5.�e�............. Name of owner of premises .......v e U3^({ /tl G .. . J lte (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. .............................................. (Name and title of corporate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No . ......................... Plumber's License No. ........'v f ......... . t Electrician's License No. ........./ ............ . Other Trade's License No . ..................... 1. Location of land on which proposed work will be done. ........ . 4. P ... ..s cf m .h..:_� ............ PQ M .......:.........:...:..... House Number Street Hamlet County Tax Map No. 1000 Section .... .0 7 /�5 ........ Block ....03 ......... Lot .....13....... . 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 ......+✓. ................ .. . . b. Intended use and occupancy .... �,u1/.���.............�.� r'� .. , ........ . 3. Nature of work (check which applicable): New Building .......... Additic,r ... V..... Alteration ... .... . Repair .............. Removal .............. Demolition .............. Other Work ............... (Descriplion) 4. Estimated Cost ..... Z0.00U �................... Fee ................,.. .................... (to be paid on filing this application) 5. 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 t- .......-.:... . Height.... Number of Stories....................................................... . 9. Size of lot: Front .../. J�� ............. Rear ... /.?..............,...Depth.4Z.4..q:t3 10. Date of Purchase .. �.`%�?- .......... . . ........Name ofFprmer Owner 11. Zone or use district in which premises are situated ...... -¢�............ND .................. ! ... . 12. Does proposed construction p violate any zoning law, ordinance or regulation: .................... 13. Will lot be regraded ... dr.3............... Will excess fill be rmo�ved from premises: Yes 14. Name of i g fkpremises�� /�,9f�! . ! fre%f....... Address '}2 Of 3S S Phone No.7!6.-.�2� �O, Name of Sect Sr A6..4kp.�' �l.� ....... Address . 7is-bins o !1 . 7 �q Phone No. Ss....?% . . Name of Contractor .......................... Address . M� �... Phone No. ............... 15. Is this property located within 300 feet of a tidal wetland? *Yes ..... No ..... *If yes, Southold Town Trustees Permit may be required. 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 corner lot. STATE OF NEW YORK, S.S COUNTY OF ........ .. ....... dos.pP�i..�s�e.l................... (Name of individual signing contract) above named. He is the..........G( ............ ............... being duly sworn, deposes and says that he is the applicant (Contractor, agent, corporate officer, etc.) of said owner or owners, and is, duly authorized 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............19 Notary Public, ..... "!'.'S!�!U ?...... County JOYCE M. WILKINS ary Public, State of New York No. 4952246, Suffolk Countty Term Expires Jure 12,19Sda of applicant) TOWN OF SOUT11OLD, WMIIYMII C $O 81 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL bt0. �{7J� DATE.............................. a TO TILE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD,, N. Y. (, (we)re�D!y I�1tGyn�ls .. af`3d 5r;/fi^sti LSP.. ..�5 Norrie offy� ellant • PP Street -and Number' " per't�if M ......... ... HEREBY APPEAL TO MunicipolitY Stoto=, TIME ZONING BOARD OF,APPEALS FROM TIE DECISION OF TIME, BUILDING INSPECf'OR Orr APPLICATION,. FOR PERMIT NO..................................... DATED...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .._............................... ........ .........». Nome.o`f Applicant,,for permit of}.%j CrAlP .. s ................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .... 30...,. Sg,.. /�7 eLvric Street /�iam1'e� J Use Olstricc' on zoning Map District-'1000 Section4vB1ockS Lot/-3 rent Owner Mop No. _ -Lot N*'.`Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub• section and Paragraph of ilia Zoning Ordinance, by number. Do not gtiote the Ordinance.) Article` Section. 3.. TYPE OF APPEAL Attpealis made herewidc;for (plea§e. check appropriate box) (>O A VARIANCE to the Zoning Ordinance or Zoning Map ( ) _A VARIANCEdue to lock of :access (State of New York Town Low Chop, 62 Cons, Lows 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. Stich appeal was ( ) request for a special permit ( ) request for a vorionce and was mode in Appeal No.................................Doted .........................................I...................... REASON FOR APPEAL ? A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance Is requested for the reason that rano Z111 (Continue on other side) REASONS FOR AREA 1IA&IANCE,ONLY:(to tse completed by applicant): Do not use these standards for "use variance" or "special exception.'" (Also attach sheets if necessary,`with signatures.) 1. 'An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: ,fbj( n.e ACe"ceAwi 11 he scr-eonec coif 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: The *nn 15 eou,_ i {e,,)Cjo � C*0 rvoe COA5IrZ,C'Gel vto 7h,e r424- 9Wd r Poolcln'YO� 6-� ,she wi al/-"yRrd 3. The amount of reliefrequested•.Ls: not' substantial, BECAUSE The -P'ehcn=, y cutfl, )10� 6e 05h/,, fool cv��l 's e u�t UP9° f�" 4., The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: /l .he Screnne� Thee 3ennis rauv� w� Wifti l�ih� 7.ees ry, 6o7`h E'�rs�d t.�e6� s,Je s Pawl s Gvi FR57' 5W W f y� 9X`54-_� ver k {ow 5. Has the alleged difficulty been self-created? ( ) Yes. ( JO No. 6. This is the minimum that is necessary and adequate, and at the same time 'preserve and protect the character of the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) a�I (Appli Agent Sworn to before me this `6�— day of szzz:isx:z:z::z:xz: zxticlforaf.va: cemu Jos�,o�i F" tten consent from owner. NOLary Yt1D J.iC HE4ENE D. HORNE Notary Pubfie, State of NewrYo* folk OottritY May22. ooh a. .......v -.w. �w...�,� 3^'-�"- ;.d.,•....•V-.- •-- .».« '-w..e..+ .. - ... � _ te4 PEC. TOWN, OF SOUTHOLD PROPERTY RECORD CARD M OWNER STREET VILLAGE DIST, LOT ry�SUB. L FOWER NER N� E ^�J ACR /4 Rv, G (7 �� /CA 5 !� /Goa4� WHO Y -quoYPE OF BUILDING RES. ,� /U SEAS. VL, FARM COMM. CB. MICS. Mkt. Value 1i-101 LAND IABP. TOTAL DATE REMARKS � SL3 e 17AL Le // G / 2 66 7,G0 o✓ w A�2-8 c- 797x A, F A,?,;T�+4,A u r 3 L/7-7 kv, �/5� � fY G/ de✓P // IIA I `f�3 gst2c� 0 U i WI© V'yt'r� Lt�IG� 7�5Calx. ^Tillable FRONTAGE ON WATER 3034 " Woodland FRONTAGE ON ROAD77-71 Meadowland DEPTH So a' House Plot BULKHEAD Total I M. Bldg. Extension Extension Extension Foundation Both Dinette Porch Basement N / Floors(j K. Ext. Walls (, r•rL. Interior Finish S�, LR. Breezeway IFIre Place Heat / DR. Garage Type Roof y Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B 0. B. Dormer Driveway Total 36 ' Arborui ' GLe, -*lt (.� S1 spacVA ti�3 � TE puClO ZI.04-E 377,46'30-h �✓E.vel 4eirewov L,9,ee DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUN-TY OF SUFFOLK rr Dr, ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE August 18, 1999 ® ;999 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. Applicant(s) Municipal File Number(s) Rushin (Patricia) & Motley (Pamela) 4662 Friedman, Stephen 4674 Trapido, Leonard 4693 Mackham, Linda Duffy 4713 Barry, Robert & Joyce 4714 L,Michelis, Gregory 4715 Rutkowski, Stanley 4716 Sclafani, Anthony & Cheryl* 4717 Yaccarino, Joseph 4719 Von Eiff, William 4720 Von Eiff, William 4721 Angell, Theodore 4726 *With the understanding that premises will be encumbered by appropriate restrictions, particularly as set forth by the Z.B.A. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044 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 and of Appeals of the Town of Southold, New York, hereby refers the following the Suffolk County Planning omission: X Variance from the Zoning Code, Article III;-XXIIISection 100-33e100-231 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4715 Applicant: Gregpr Michelis Location of Affected Land: 430 Salt Mars�' La., Peconic, NT' County Tax Map Item No.: 1000- 68-3-13 Within 500 feet of: Town or Village Boundary Line x 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 construct an inground — 0 0 o 1 & deck . in side Vard location and tennis court fencing at 10' Copies of Town file and related ocuments enc ose for your review. Dated: G 1999. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. Joseph Fischetti, P.E. 1725 Hobart Avenue Southold, NY 11971 Re: Variance (Michelis) Dear Mr. Fischetti: BOARD OF APPEALS TOWN OF SOUTHOLD August '5, 1999 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, with conditions, rendered July 28, 1999. We provided the Building Department with a copy today for their permanent records and processing as may be needed. Please be sure to follow-up with the Building Department (765-1802) regarding issuance of a building permit (pending). Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Decision filed 8/5 To: Southold Building Board From: Rivka Schoenfeld 800 Salt Marsh Lane P9con is '7`D 404 Ad.<� Mcc; MOWS 13 J f99 4e . f Nike i �Y Re: property that borders mine on the East - /696 I had received a letter from my neighbor to the East stating that he intended to build a 10' fence around his proposed tennis court and asking me to sign a letter and submit it to the Southold Board stating that I had no objections to his building such a fence. I had sent him my response at the begining of June. I Understand that a hearing is scheduled for 22 July 1999 to review this and other various building proposals for which he seeks variances. Unfortunately i am currently abroad and will not be able to attend the hearing, also I regret that I have no access10 .the original letter. I am therefore writing to you to state my position for the record: I would have no objection to his building a 10' high fence around his tennis court provid9d he plant a barrier hedge of ever Teen trees the entire len th —ofogriointpropedy line. This barrier hedge should form a screen of evergreens that are planted V apart. The trees should be 8'-10' high at planting and .the planting should occur before the winter. In my letter to him I specified that the barrier screen should be comprised of Leyland Cypress and Hemlock trees, since I found that these trees do well in our area considering conditions of exposure to wind, Salt spray, sun and/or shade. In subsequent telephone conversations with his son-in-law Gus, I was assured that they would plant such a hedge but they took issue with the kind of evergreens i had; specified. i told them Mat it would make no difference to me what kind of evergreen trees they chose provided they met all the other specifications and that the trees they chose would do well in our area, I would also like to add that If the trees they plant die they must be replaced as soon as possible. If they meet these conditions I have no objections to their building the fence, Thank you very much for taking this matter under consideration. ISincerely yours. Rivka Schoenfeld i APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning C= Gy< CIO Z BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF 7ULY 28, 1999 Appl. No. 4715 - GREGORY MICHAELIS 1000-68.3-13 STREET & LOCALITY: 430 Salt Marsh Lane, Peconic DATE OF PUBLIC HEARING: July 22, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box' 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone .(516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 15,795 sq. ft. in area with 150 ft. frontage along the northerly side of Salt Marsh Lane (a/k/a Lake View Avenue), Peconic. The lot is improved with a single-family dwelling situated close to the Coastal Erosion Hazard Line and top of the bank of the Long Island Sound. BASIS OF APPLICATION: Building Department's two Notices of Disapproval dated June 8, 1999 citing Article III, Section 100-33 and Article XXIII, Section 100-231 of the Zoning Code with respect to the proposed side yard location of an in -ground pool (16' by 30') with upper and lower decks, and the proposed 10 ft. high fence around a new tennis court structure. AREA VARIANCE RELIEF REQUESTED: Applicant requests Variances for a proposed in -ground pool with deck 10 ft. extension with an easterly sideyard setback at 15 feet from the top of wall and deck area. � The pool and deck areas are proposed at the same nonconforming setback of the dwelling from the L.I. Sound (not closer). The accessory tennis court structure is proposed in the required front yard of this waterfront parcel, however, the height of the fencing for the tennis court is proposed at 10 feet. (No other areas are noted in the June 8, 1999 Notices of Disapproval.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby. properties because the minimum 15 ft. side yard setback of the pool would meet the requirement for a dwelling addition. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance due to the variable elevations of the land. 3. The requested area variance is not substantial. 4: No evidence has been submitted to show that either the proposed pool with deck or the tennis court fencing, would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created and is related to the topography of the land and the Page 2 - July 28, 1999 ZBA Appl. No. 4715 - G. Michelis Parcel 1000-68-3-13 at Southold layoui. of the building areas. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new 'in -ground pool with deck and 10 ft. high fencing for a tennis court structure, while preserving and protecting the character of the neighborhood and the health,, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the variances, as applied for, SUBJECT TO THE FOLLOWING CONDITION: Six to 8 ft. high screening, arborvitae or similar evergreen, shall be planted 3 ft. to 5 ft. apart, and continuously maintained for the entire length of the tennis court on the west side. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Collins. This Resolution was duly ADOPTED (4-0). (Member Homing of Fishers Island was absent.) ti JA ES DINIZIO, JR. CHAIRMAN PRO TEM For filing about 8/6/99 TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 9, 1999 RE: Zoning Appeal No. 4715 - Gregory Michelis Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4715 - Gregory. Michel is. Also included are Notices Of Disapproval with Building Applications attatched, Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Letter Of Authorization, copy of Buiding Permit #24264, copy of Site Plan, and copy of Property Record Card. r - 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: June 9, 1999 RE: Zoning Appeal No. 4715 - Gregory Michelis Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4715 - Gregory. Michel is. Also included are Notices Of Disapproval with Building Applications attatched, Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Letter Of Authorization, copy of Buiding Permit #24264, copy of Site Plan, and copy of Property Record Card. IL OF p{SCIyFr G4'� ��rzyEY FDS • l%e�6d�.2 Y M� //�� �' LOG�T�CN • �EGGu�/G� Tpw�sl �F �;" i FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................. 19 .. . Approved . . . . . . . . : . . . . . . .. 19 ... Permit No........... . Disapproved a/c ............... ................... . B7 - 2D 3 ;TS SURVEY CHECK SEPTIC NOTIFY CALL MAIL OF HEALTH OF PLANS . _ . . . . . . . I FORM .............. T0. p 0 (Building Inspector) APPLICATION FOR BUILDING PERMIT —7 19N Date ................... 19 . . r . BLDG. DEPT.INSTRUCTIONS (, 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 stree C'or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this app] 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 perm 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 tl� Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances c Regulations, for the construction of buildings, additions or alteratio , or fo oval or demolition, as herein describe( The applicant agrees to comply with all applicable laws, ordinances, ilding de, using code, and regulations, and t admit authorized inspectors on premises and in building for necessary in ections. .. .........f............ (S na re of ap ica , or name, if a corporation) ............................................. (Mailing address of applicant) State whether applicant is owner, lessee agent, architect, engineer, general contractor, electrician, plumber or builde: ...................l _ y !moi Pei" ............................................. . Name of owner of premises ........ . �y...................................................... . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. .............................................. (Name and title of corporate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY LICENSED Builder's License No . ......................... Plumber's License No. ........ , //� .......... Electrician's License No . ....................... Other Trade's License No . ..................... 1. Location of land on which proposed work will be done. ....... 430 so f �� .� . �� .... ........ PQM, � ............................. . ..... House Number Street Hamlet County Tax Map No. 1000 Section .... 6.8 ........ Block ....�.� ......... Lot .... 4 .......... 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 ........ ... J.................................................... b. Intended use and occupancy .... bvel/ml.�-\ • � - .� ,s• •,•4• •¢ �� �` 3. Nature of work (check which, icable): New Building...........A ion . . 1!... . Alteration Repair .............. Removal ... ........ . • I • ....... Demolition .............. Other Work ........ zo �Qv (Description) . 4. Estimated Cost .. .............. 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 . .. RearDepth . Height ............... Number of Stories ... ......... ......... Dimensions,of same structure with alterations or additions: FrontRear Depth ...................... Height ...Number of Stories . --8. Dimensions of entire new construction: Front ' ' ' ' ' ' ' � Rear ........... . ..Depth 4,.- Height.-.......... . •••••••••• Number of Stories. 9. Size of lot: Front /. Jho /, `,� • ' ' ' • ' • • • . • • • Depth ?!Q ^ ?'� sg3... . • • Rear .. � p " " 10. Date of Purchase �.9. f?s Name of F ' ' ' ' ' ' ' 11. Zone or use district in which premises are situated .—¢�rmer Owner ............... 12. Does proposed construction violate any zoning law, ordinance or regulation: %yam . . . . . 13. Will lot be regraded USS.. "•• ••••••••••••••••�•••.•. d� • • .... Will excess fill e r ved from remises: 14. Name ofMlIeV remises��mjq,, , 41016�u. Address ;42-01�'`�''s� p YesName of �,c hi,341 p f�. �?�' Address ��9)'�s'#'' �'' Phone No.7!B��Z�. Name of Contractor I7Z11Vhb ;g, • • Phone No. �� 15. Is this property located within 300 feet of Address tidal wetland? Yes ' • Phone No . .............. . *If yes, Southold Town Trustees Permit ma be required. PLO 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 corner lot. STATE OF NEW YORK, COUNTY OF .. S.S .5.� ..?.0 SC � �►.D. • • • • • • • • • • • • • • • • • • • .... being duly sworn, deposes and says that he is the applicant (Na e of individual signing contract) above named. He is the .. V-.".. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized 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 ...... ............. 19 Notary Public, ... r^. ..... County JOYCE M. WILKINS ary Public; State of New York • • • • • • • ..... .... No. 4952246, Suffolk County(Si n ture of applica Term Expires June 12, 19 ;A �V� = FORM NO. 3 TOWN OF SOUTHOLD BUILDING,DEPARTMENT- Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THEPREMISESUNTIL FULL COMPLETION OF THE WORK.AUTHORI'ZED):. _ PERMIT NO. 25264 Z Date OCTOBER 22, 1998 Permission is hereby granted to: GREGORY & WF MICHELIS 4201 235TH ST DOUGLASTON,NY 11363 for CONSTRUCT AN ADD & ALTER. TO AN EXISTING SINGLE FAMILY DWELLING & REMAIN IN THE EXISTING FOOTPRINT IN RELATION TO THE BLUFF & COASTAL EROSION LIN at premises located at 430 SALT MARSH LA PECONIC County Tax Map No. 473889 Section 068 Block 0003 Lot No. 013 pursuant to application dated AUGUST 31 98 and approved by the Building Inspector. Fee $ 552.80 COPY Rev. 2/19/98 April 16'`. 1999 I, Gregory Michelis, of 430 Salt Marsh Lane, Peconic New York. Authorize Joseph Fishetti, to make an application and sign for the Zoning Board Of Appeals. r ry Michelis -CARMEN L. COLON Notary Pubi c, State of New York No. 01004909281 Quaiir.ao in Queens County Commission Expires Oct. 19,tq Sworn to before me This f 646 day of 194 NOTARY PUBLIC d QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of th individuals (and entities) having subject premises and a description (Se carates het may be attached.) e owner(s) and any other a financial interest in the of their interests: B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( ) Yes (x ) No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? ()() Yes { ) No D. 1. Are there any areas which contain wetland grasses? M® 2. Are the wetland areas shown on the map submitted with this application? 5 3. Is the property buL ended between the wetlands area and the upland building area? . 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town TrusCees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed c8nstruction at or below five feet above mean sea level? (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? K10 If none exist, please state "none." G. Do you have any construe 'on taking place at this time concerning your premises? 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 or any co-owner also own other land close to this parcel? NO If yes, please explain where or submit copies of deeds. I. Please 1 parcel nr_nnnsed use 3/87, 10/9 esent use or operations conducted at this nn and �ew.n B n -7®SOP 4 & 04/23/1999 08:53 17182298785 INTEGRATED RLTY MGMT TRANSACTIONAL DISCLOSURi WORK PAGE 02 YOUR tIRNSt �2m �� rG ff J Last name, 11irmt name, Middle initia•1. unleaa you are applying in the names of ddfdOchs alae or . other entity. such ad a company. if no, indicate the other personla or company's name.) • NATUR$ Or ArPLIcATION2 (Check all that apply.) 'fare grievance variancesance Change of sone Approval of plaC exemption from plat or olli4ial map Other _ (Il "Other," name the activity.) Do yam perRonaliy (or through your Company, apoeae, sibling, pareata or chitd,),,hays a rolattonship with any orricer or emptayee or the To V' or SeathoLd4 •Relatioperiip■ incLuden by blood, marriage. -or businase interest- "Uawine■d iotsteat, means; a busineae, including 0 partnership, in vhich the too ■ officer at nopioYee ha.e Oven a partial ovnorshtp,al (4r employment by) a cerpnratiob in which 2110 Sava aYticsr ar"ompxo7aa owns more bban 5% of the shames. YES if you snavered •TES,R complete the belanCe Of this forts 404 date and sign Yhdre indicated - Nape o= person empiored by the town of Southold Titin or position -of that ser■on \ Describe the reletianahip between yourself {the appliaanh) and the town officer or employee. hither chock the appropriate tin& A) -through 4) and/or davertbo Ln the apace provided. The tovil officer, or; employee or hie or 31*r Dpous4, sibling, parent', or child is' -(chock all that ■ppiy), �) the Qwnar ot:greater than 5% of the shares of the corporzto aback Of the applicant (when the appiicant is a corporationh _a) the legal• or, henoficlnl owner o! any Lnt■rart in a ' noncotposrta enkitY (when the applicant to not A corporation)) C) an orfLcerr diracner, parte■s, or employee of the, apptieanti at Al the actual applicant. DESCRIPTION OR RELATIONS111P Sworn To -Before Me This �'- Submitted this day of A t; iAF 9 Day Of`'' 19 67 signature (Notary P bFN -CA� ate of NNeew Y** In, NOTARY PUBLIC No:- Inc Queens a Qua.ir,v.. , (queens Cognty _ O CAmmmaton Expires Oct- lily 1 7 � 7 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 22, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public -hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 22, 1999 at the time noted below (or as soon thereafter as possible): 6:15 p.m. Appl. No. 4715 - GREGORY MICHELIS. Applicant is requesting Variances under Article III, Section 100-33, based upon two June 8, 1999 Notices of Disapproval for a proposed in - ground pool with deck is requested in a side yard rather than the required rear yard and under Article XXIII, Section 100-231, for a proposed accessory tennis court with fencing at a height greater than four (4) feet in a front yard area. Location of Property: 430 Salt Marsh Lane, Peconic, NY; Parcel 1000-68-3-13. 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 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: June 30, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski NOTICE OF PUBLIC HEARING SOUTHOLD TOWN i I BOARD OF APPEALS THURSDAY, JULY 22,1999, - NOTICE IS HEREBY GIVEN, to Section 267 . �i f VL� STATE OF NEW YORK) pursuant of the Town and the Code of the Town of )SS: Southold, the following. application COUNTY OF SUFFOLK) will be held for public hearing by the SOUTHOLD TOWN BOARD OF n I �� M 1 1 r ' U � I I IS of Mattituck, in said APPEALS, at. the Southold Town Hall, .53095 Main Road, Southold, , county, being duly sworn, says that he/she is +. New York 11971, on THURSDAY, Principal clerk of THE SUFFOLK TIMES, a JULY 22, 1999 at the time noted below (or as soon thereafter as pos- weekly newspaper, published at Mattituck, in sible): the Town of Southold, County of Suffolk and 6.15 pan.Appl.4715 — GREGORYRY MICHELIS. Appli- MICLI State of New York, and that the Notice of which cant : is requesting variances under Article III, Section 100-33, based the annexed is a printed copy, has been regu- upon two June 8, 1999 Notices of . larly published in said Newspaper once each I Disapproval for a proposed )Q- . ground pool with deck as requested week for 1 weeks successively, t in a side yard rather than the commen 1 on the +� day required rear yard and tinder Article XXIII, Section 100-231; for a Of 19 proposed accessory tennis court. i ti with fencing at a height greater than four (4) feet in a front yar& area. Location of Property: 430 Salt i ^ Marsh lane; Peconic, NY, Parcel (� Principal Clerk 1000-68-3-13.�/ The Board of Appeals will at said G time and place hear any and all per - _ Sworn to befo a me this I sons or representatives desiring to ; day of 19 1�1 be heard in the above application or_ wsubmit before MARY DIANA FOSTER PUBLIC, STATE OF NEW YORK written statements concluding the hearing. Each hear- j OTARY / � NO. 52-4655242, SUFFOLK COUNTY ing will not start earlier than desig- COMMISSIONEXPIRES AUGUST 31,19q j nated. Files are available for review I _ during regular Town Hall business _ hours (8-4 p.m.). If you have ques- tions, please do not hesitate to call (516) 765-1809. - , Dated: June 30, 1999. Al2,�ANCE- POOLwIT�Dbc.�c Is���Y,�D16 NOfICEH�ARINGV 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: &4ECToAY MICWELKS DATE OF PUBLIC HEARING: -fNuQS., suLY 60. 1499 G *•rU P'A 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 durind normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD o (516) 765-1809 -----------�1-�[� SACT MARSN CANC, PLCOAII� STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) SGL r) F « 1 i I I IS of Mattituck, in said county, being duly sworn, says' that he / she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold,, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for weeks successively, commen on the +h day Of kjw q 19 Principal Clerk Sworn to before me this day of 19 Vi C / "RRY DIMIA F011ffyR E s,. r�ur�es���CJI.iiJp sr�� �� �, at FOR BOARD AND STAFF USE IT Updated New Information ZONING BOARD OF APPEALS TOWN OF SOUT.HOLD:NEW YORK ---------------------------------------------x In the Matter of the Application of iYl ke 11s (Names of Applicants) Parcel ID #1000- 68 -3 _ 3 ------------------------------------------------x COUNTY 'OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT JUL 2 11999 I, �D S vl �f SC ke residing at n ZS 1hA'4 P 4 New York, being duly sworn, depose and say that: On the b da of IJ ,19 g I personally mailed at the United States Post Office in �� , 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 (4 Assessors, or ( ) County. Real Property Office for every property which abuts and is across a public or privy a streeehicular right-of-way of record, surrounding the applicant's proper t, or vn (signature) Sworn to before me this. a S� day of Tu NOTARY USUC siapfNew Ya* (NotaWy Public) Ne8SoowQuatdonuff univ cwc �sa� e9rm Expires March 8.20j PLEASE list, on the back of this Affrda►lit or on a sheet' of paper, the lot numbers next to theLowner names and addresses for which notices were mailed Thank you. 70 ii ii Q- - 3 =8 2- P, v k, e,; i T, e- a. 5, all f. 444-1 /vr I. —3117 15 JJ /4-1) 5ov ���, --�! f ��� 7/ If 13 ii ii 12 ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ------------------------------------------X In the Matter of the Application of I'lllckalts (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as l000- G 8 - 3 - /3 1)Qa— i , JUL 2 11999 AFFIDAVIT OF POSTING ---------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) .0 , I, \J 650j%SGIcQ `/� residing at/ 72 5^ / 4 New York, being duly sworn, depose and say that: On the day of 19 g' f, 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 to the date of the subject hearing date, whic Sworn to bef= me this 15;F day of1JV Imp , 19J� . �(Nota�Public) in place for- seven days prior date was shown to be LYNDA M. BONN NOTARY PUBLIC, State of New York No. 01 B06020932 Oualified in Suffolk Count Term Expires March 8, 20 DU *near the entrance or driveway entrance of my property, as the area most visible to passersby. 11p Lot 7 0 t,^t -7 ID cr-DIJ07 OF 'Vzly rise 0525V'o "ON I I �`,, �4 ;tet t„, i `+-Y���', Lot 7 0 t,^t -7 ID cr-DIJ07 OF 'Vzly rise 0525V'o "ON I I 2n -7 ,r,7 -r. Lot 7 0 t,^t -7 ID cr-DIJ07 OF 'Vzly rise 0525V'o "ON I I