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4738
APPEALS BOARD MEMBERS' Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning o�OgUFFO(4 COD x 0- • BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 1999 Appl. No. 4738 - ROBERT TAPP and NICHOLAS ELLIS 1000-110-7-11.1 STREET & LOCATION: 275 West Road, Cutchogue DATE OF PUBLIC HEARING: August 18, 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 20,925 sq. ft, with an average depth of about 230 feet, measured to the high water mark, and of about 75 ft. frontage along West Road. This waterfront lot is improved with a one-story frame house (the principal dwelling) that is set back 55 feet from West Road and accessory 1-1/2 story seasonal cottage that is set back approximately 180 feet from West Road and 30 feet from the bulkhead. BASIS OF APPLICATION: Building Inspector's July 20, 1999 Notice of Disapproval denying an application for a building permit to add a garage to the front of the principal dwelling, with a setback from West Road of 32 feet. The Notice states that the disapproval is because "under Article XXIV, Section 100-244... lots with areas between 20,000 and 39,999 sq. ft. shall have a minimu,m front yard of forty (40) feet." AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a 24 x 22 ft. garage addition at the north side of the (principal) one-story dwelling with a minimum front yard setback of 32 feet. (No other areas are noted in the Notice of Disapproval, which is the basis of applicants' request.) 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. The neighborhood is densely developed and has many structures, both garages and dwellings quite close to West Road. Applicants seek to locate a garage eight feet closer to the road than the Code allows (32 ft. v. 40 ft.). Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the addition will be consistent with neighborhood character and will be set back further from the road tha many nearby structures. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance. Applicant's architect testified that all alternatives had been considered. This was the most effective location, and although the garage could be built elsewhere that would add another building and increase the crowdedness of the area. (Another building location also would require an area variance.) Page 2 - August 18, 1999 ZBA Appl. No. 4738 - Tapp & Ellis Parcel 1000-110-7-11.1 at Cutchogue 3. There are no factors to suggest that grant of this variance will have an adverse effect or impact on physical or environmental conditions. 4. The grant of the requested variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a garage, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio and Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehring nlzi , Tortgc�,�C hjo Resolution was duly adopted (5-0). /j�s, rning. This / GERARD P. GOEHRINGER` CHAIRMAN Approved 8/20/99 for Filing RECEIVED AND FILED BY THE SOUTHOLD TOW14 CLE:uX DATE �ae�yf HOUR `}—_--i'.�.--moi .. I Town Clerk, Town o`_ Scuthcld Sworn to beforeym day of GGu fix✓ STATE OF NEW YORK) oxi a )SS; COUNTX OF S'i�T�FFOL�) j Q Q Ci F• W (1 IS of Matttuck, 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 x.. , State of New York, and that the Notice of which Sworn to beforeym day of GGu w TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: July 20, 1999 To: Robert J. Tapp & Nicholas J. Ellis 275 West Road Cutchogue; New York 11935 PLEASE TAKE NOTICE that your application dated May 28, 1999 For permit to Construct a new, two car garage addition for the existing single family principal dwelling at Location of Property 275 West Road Cutchogue- New York 11935 ouse.. o. et am e County Tax Map No. District 1000 - Section 110 - Block 07 - Lot 11.1 Is returned herewith and disapproved on the following grounds: The proposed two car garage addition for an existing principal. single family dwelling is located approximatelyChia two 32'1 feet from the front property line. Under article XXIV, Section 100-244., Nonconforming Lots. Lots with areas between 20.000 & 39,999 square feet shall have a minimum front yard of forty (40') feet. The proposed front yard setback is thirty two (32'+/-) feet and does not meet the minimum requirement. s BOARD OF HEALTH. ..........::... FORM NO. 1 3 SETS OF PLANS- ................ TOWN OF SOUTHOLD SURVEY ........................ BUILDING DEPARTMENT CHECK ......................... TOWN MALL SEPTIC FORM ................... SOUTHOLD, N.Y. 11971 TEL: 765=1802 NOTIFY: CALL- .................. Examined. ...r.:........, 19.... MAIL TO::` . ................ Approved.................. 19 Permit No. Disapproved a/c fR4►J�xAf �rQik�K >%ae?tNCIJ( �weun+j . .... (Building Inspector) T PDD APPLICATION FOR BUILDING PERMIT bate ................. 19.... 1 - 1, INSTRUCTIONS a. This application mut be completely filled in by typewriter or in ink and submitted to the Building Inspector 3 sets of plans, accurate plot plan to scale. Fee according to schedule. 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 description of layout of, property most be drawn on the diagram wbich is part of this application. 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 issue a Building Permit to the applicant. Sud permit shall bekept on the premises available fnr inspection throughout the work. e. No building shall be occupied or used in whole or in part for any. purpose 4wtever until a Certificate of Occupaocy shall have been granted by the Building Inspector. AFMCMCK Is WMEY'MEE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinate of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction, of buildings, additions or alterations, or for removal or demol'tion, as herein described. The applicant agrees to comply with all applicable laws, ordinances, build' ing code, and regulations, and to admit authorized inspectors on premises and in fo s . .... ...................... (Signature of applicant, o name, if a corporation) ya (Mailing address of applicant) State ubether applicant is owner, lessee, agent architect, engineer, general contractor, electrician, plumber or buil ..............................................�p.......... ...................LG................................. �F� 7` w lc �9 .........41 ........................... Name of owner of prises ...... .�........ ........ .... . (as on the tax roll or latest deed) i If applicant is a corporation, signature of duly authorized officer. ......................................................... (Name and title of Corporate officer) Builders License No . ......................... Plumbers License No. Electricians License No . ..................... Other Trade's License No . .................... 1. Location of land on shich proposed work will be done .... 5j.fU.. V6/ ..:...I,/!/�G..tl.,, .....(%l G...4.r! .................................................. House limber Street Hamlet County Tax Map No. 1000 Section ... 1111......... Block ...... lot .....11:.1..... Subdivision ....................... .............:.Filed Map No. ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and ni ibli3pt{>po edlconstruction: a 4 " s14 fli=� a. Frieling use mon occupancy ...1MS rjtX!!L?X ............:.. .......... a,t o b. Intended use aontS ..:: acwPan<.y ...... �, I�j !ry...................................... . ................ . . Other Work / _. ..m a..... ..._ _. Repair ............ [Lmnval ........ '�. Demolition ........... �}"� '/'. ........... LL� � (Description) Estimated Cost ..� lf,VYF.......... fee ..................... (to be paid on filing this application) If dwelling, ruiner of dwelling units ............ Nunher of dwelling units on each floor ................ If garage, nmiber of cars ...... ?:... C41U .................... If business, commercial or maned occupancy, specify nature and extent of each type -of use ...................... Dimensions of existing structures, if any: Front .... T:.... Rear ...2.'. ✓.. Depth 3.'.4 Height ................... Naber of Stories .................. .. Dimensions of same tructure with alterations oriadditions: Front ¢.: er .. Rear ., z.�:.l...... Depth :......�P(.. �...... Height ........./� .....qq.,A/Nurber of Stories ....i ....::... Dimensions of entire new construction: Front ..... 1,7 A Rear .... 4:.0 Dep it :, Zz . v ... ��: ^ �.G. }Huber of Stories ....ONE,,,,, Height .............. ��.71-:. ....,. Size of lot: Front .....l.Y"=.l.6..... Rear ..... [f:.�....... Depth ...�,/,�..�� Dateof Purchase ..................... Name of Former Owner ........................................ Zone or use district in which premises are situated ............................ ... .................... Does proposed construction violate any zoning law, ordinance or regulation: f. ...... Will lot be regraded ...... t?......... Will eroceas fill be removed from premises: YES NO Names of Darer of promises ....... Address .............................. Phone No. Name of Architect . /'!9/L14.s4ftk:�ln1 Z:',......... Address ... ............................:. Phone No. :C" �l a... Nave of Contractor ........ ............................ Address ................................ Phone No. .......,...... Is this property within 300 feet of a tidal wetland? * US .......... NJ .......... j *IF YES, SOIJrm TOWN TROSII?SS_PM11T MAY BE FD¢ rRm. PLOT DIAGRAM Locate clearly and distinctly all, buildings, virether existing -or pmposO,,and indicate all setfiack dimensions am property lines. Give street and block number or description according to deed, and show street names and in&tate ether interior or corner lot. to or aw YOM, SS Uary CF ..... .............being duly sworn, deposes and says that he is the applicant ame of individual signing contract) ave reared, isthe .....�........................................................................ (Contractor, agent, corporate officer, etc.) said owner or varrers, and is duly authorized to perform or have performed the said workand to rmke and file this i plication; that all statements .contaitred in this applicatiou,are true:t'o the best of his [maaledge;aad belief; and hat the work will be performed in the manner set forth in the application filed therewith. Porn to gbefore me this yyyy//�� - QQ qq Ol............da of •..1,'.)..... 19-9 Notary Public ...... .. (Signature of Applicant) LYNDA M. BONN NOS PUBLIC, State of New York N0.0tBo6020932 k�yyrr Qualified Sarm Expies March 8, 20 bl SOWN OF SOUTHOLD, NEWry^ L`m APPEAL FROM DECISION OF iBUILDING INSPECTOR JUL L 19099 AP 1°NO. 3S TOWn Cleric 801.11 3 TE ...{ zl {'-1 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y rrl,; 1, (we)..11Y.fe474t1.4..t{s.A4t15.............. of ......? ?.Ws C7`.goa?7........................i 3aC, Name of Appellant Street and Number ...................... ................................................. .....N ........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR-,i?ERMIT NQ ,'_. .. ......... ......... DATED .................................. WHEREBY THE BUILDING INSPECTOR DENIED TO . . . ..... tae of ° ppri�cant for permit Sreet ana Number Munic7polity' Nt` V State (' `) P tvtt7 to �USE� ( �) PERMIT FOR'OCCURANCY 1. DATION° "0RTKE PROPERTY 4l nf.,...'Yfta? .: r!�F.'Tv ..... .............. 'Street-' iiamlt ''Use District `on',r Zoning Map District 1000 Section i10Block 7 Lot 11.1 oo4ear J• ToiwY' aA ,,, ..................... Current Owner aViCileclK �. G� uS Mop No Lot No. Prior Owner24 '- 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indica'te'fhe Article Section; Sub- section anal Paragraph of rthe Zoning Ordinance by number. Do not quote the Ordinance.) Article X)<t.0 teetion l90 24.¢ 3. TYPE 4F APREAI _yAPpeolas,made herewith for (pi'ease check : appropri ate box) 00 A VARIANCE to the Zoning Ordinance `or Zoning 7MGor ( ) A VARIANCE due to Ipck of access ('State'of New York -'!Town Lam,Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal (has�(hos_no, been made with respect to this decision of the Building .Inspector or with respect to this pe y. Such appeal was (` )`request for a special permit" ( ) request fora variance and was mode -in Appeal. No......... ..... .:......Dated...................................................... REASON FOR APPEAL A Variance td�Sectioh 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) 1 is requested for the reason that GiCs+r e � 9ara j e Cn c r aC kLeS r'+" l 40' �'raw� �d/� sem} bar�/� b y p' -`o Form ZBI (Continue on other side) REASONS FOR AREA VARIANCE. ONLY (to be completed by applicant): Do not use these standard $ 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:&0 ow ► .PR°p .T`J' O Nu t'to�S o?T1 ,, ct1E r p"�'etPrs HA sTit.(,IcN"—.r (d* ciy, 3rcC 6Vr77PAI 2. The benefit sought by the applicant CANNOT be achieved by some RIVWF, method, feasible for the applicant to pursue, other than an area variance BECAUSE: TOO GOCAV ow !S 7M O err COVIC-C :0 5re d^) el -4 57P vV i COA/01-11 VUr OF 'We-,SCtt 9,� lanap�r2�z, i.. `.� . 3. The amount of relief requested is not substantial BECAUSE lT 15' PAM 4rz 7v r^�I'L�2,oknr�?ryv�. S�vGju�.ES 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions Iri'the',neighborhood ;or district BECAUSE ; /- , I&C, L oaK SlAf I C st►'t. p Aj tV. ' orf/Ci2. . �/L /1�ts w��l •v rtt4MV yin sej-042 5. Has the alleged difficulty been self-created? ( ) Yes. (X) 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) Agent must attach writ Sworn t to before me thisday of , 19PY umD.k J. COOPER "'ryPublic, Stet$OfNOWYork M.g8225B3.Su 1COUM.2poO txt l k /form . va r / temp Term Expires Deori� from owner. M 'TOWN OF SOUT1406 � OPE TY RECORD CARD OWNER FORMER OWNER STREET jj, 7 VILLAGE DISTRICT SUB. LOT d N ✓ / E ACREAGE MOYYi: WT A'l arri K SSC F k � , .� [! t �i . t'n/ b' W N S p � C. Q!7 J C lCJc4 W / !-`l F /• �6u l � �^l rE� TYPE )F BUILDING RES. SEAS. VL 'FARM COMM. IND. CB. MISC. LAND IMP. 'TOTAL DATE REMARKS ,%�.�C'U 2- f ✓.ar �,� ` � /�,�, ii.5 c _VO /76 .SaLD 66¢00ro — lF 16 �..- ��/' �%6//7 �ViLD rib A/i/oN To LJ w. f C � _ 3prn a163 — / J zs' ��F �.�sr _� _ c, lo 3O b �� �G; _� u 1` ? c L F? L av�� .�..3U0 ',J OC7 � J`c5 ii V .J /.,tJ1I% .3'U7 -dB C. ,t f G (yi(iCI� /'C..2 C> ✓'� NEW Form NORMAL Acre B ILDING CONDITI N BELOW ABOVE0e' Value Per Acre Value i � 0 , Tillable 1— Tillable 2 / /C_ C...1 C) YFci5'UO Tillable 3 Woodland Swampland — — Brushland House Plot Total — - C"'.. NAM M. Bldg' u u .5 6 2170 Foundation CQ / Bath - Extensionr ��• Basement Floors Ext �s ��i &tensio'n � � % � 7 x / oa �• e Z ' „j' Ext. Walls Fire Place Gvn ! / interior Fi Fi Finish Heat' n Z_ U _ — -- 22Y2 __S- %G Z��o jjJ Porch Attic �. sX z. o S 6�n Porch Rooms 1st Floor _ BreezewayN• - - s` �e u —31 Patio _ Rooms 2nd Floor — Garage — - Driveway 0 . o. A � e 44 r ! � � IA e b V .♦ •f1} e • • e 1 v •1 D , ♦ A • r v'. ! i Q©• FORM NO. 3 i VJUN J TOWN OF SOUTHOLD y i 6 BUILDING DEPARTMENT i ILL TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL P. �J Date . ��lP..................... 19 P. . rr. alb ... �... PLEASE TAKE NOTICE that your application dated .. x . ................ 19 9 . for permit to gyp. � .. ... Location of Property J�0 /.� .. `i�1G7 icCGt2 ..� (• • ...............S j(4c1!%`- HouseNo. treet Hamlet County Tax Map No. 1000 Section .... ..... Block ...../........ Lot ....%. "�.. . Subdivision ................. Filed Map No. ................ Lot No. ................ . is returned herewith and disapproved on the following grounds .�/ /~I ...X..!.......�../po....... .e�9. .' Com, 6�� 1. .Gar"f� �✓ ere .il��i .' • • • .I� . . • . • . ♦ • . • . . . . . • ... . . . . ,.. . • . . . . • / . • ',-ice, � . 4�/Ji� ��,,`i?: �.. ��4�. �-�i/. �:`*`:7:'Fso� . � � ��GL�1 .Rui_na Inspector RV 1/80 TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET YD VILLAGE' DIST. SUB. LOT OWNER f- FORMER OWNER N U W E Pr, ('LEgs7aap S. o. -Cc�k ACR. C>. YSO D LA4,,. 1 S K. W TYPE OF BUILDING RES. _3 SEAS. VL Cf FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS ,r`', � o°�* Vit--, t �.�- ,� �c?�► '�,���= �'��^ . ©C/' "�� _ (P � CO � � N� 1997 -.-....- '°'L.•�'"" �. 6 /!- 6 J, ,� 11 L26176 RYF r" i / L 91X0 Ai(o l pYh 9 lip AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value / ,r _ s _ Y G Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER _ Brushland FRONTAGE ON ROAD 7Zre fly '� Houise Plot DEPTH BULKHEAD Total DOCK i ZZ,TOWN O� SOUTHOLD PROPERTY RECORD CARD ,. OWNER STREET VILLAGE DISTRICT SUB. ( LOT f l FORMER OWNER ZY. UJ i) od bu► 0 : r E -ACREAGE S W TYPEOF.BUILDING RES J SEAS. VL. ARM COMM. ND. CB. I MISC. Est. Mkt. Value �LAND IMP. TOTAL DATE REMARKS �'. ..., ;J' iJ ��CsPm b�22 s-" V r,. AGE BUILDING CONDITION % 9187_ L /0%� ci�(o' I1�DWrA r s I nl J, 9s, a00- WNEW NEW i NORMAL BELOW ABOVE FRONT -AGE -Q t G b ` Farm Acre Value Per Acre Value FRONTAGE ON ROAD & ff ,i Tillable 1 BULKHEAD Tillable 2 DOCK Tillable ` 3 Woodland Swampland Brushland P House Plot 3 n Total r, IV M. Bldg. Extension "Basement Foundation c 2 Both Floors (P (P Extension Extension t. Walls Fire Place lVd Interior Finish Heat --- ---------- — ----- Breezeway --- Patio Rooms 2nd Floori0or Garage 9 0 ID/veway Dormer 0, B. ITX I -- — ----- V� M. Bldg. Extension "Basement Foundation c 2 Both Floors (P (P Extension Extension t. Walls Fire Place lVd Interior Finish Heat --- ---------- — ----- Breezeway --- Patio Rooms 2nd Floori0or Garage 9 0 ID/veway Dormer 0, B. ITX I -- — ----- ---- J— M. Bldg. Extension "Basement Foundation c 2 Both Floors (P (P Extension Extension t. Walls Fire Place lVd Interior Finish Heat Porch orch Porch Roof Type Rooms 1st Floor Breezeway Patio Rooms 2nd Floori0or Garage 9 0 ID/veway Dormer 0, B. ITX I TEST HOLE DUG (NOV. 24, 19921 AT 10;38 AM EL= 9.00.0� Humes 0.3' SECTiC)�I \ SEWA[a 121Sp05AL 5Y6'TEM JSE (S) POOL 9Y5TEM NOTE s(4) = NUMBERED LATH HEALTH DEPARTMENT -DATA FOR APPROVAL TO CONSTRUCT N NEAREST WATER I♦AIN—MI. - * SOURCE OF WATER PRIWITE _PUBLIC _ R BUFF CO TAX MAP OST 1000 SECTION 114 BLOCK _..I LOT 12 *THERE ARE NO DWELLINGS WITHIN 100 FEET Of THIS PROPERTY OTHER THAN THOSE SHOWN HEREON * THE WATER SUPPLY NIDI SEWAGE DISPOSAL SYSTEM FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. APPLMAMT. ADDRESS NOTE: p=MONUMENT FOUND AREA=33872 S.F ELEVATIONS SHOWN HEREON ARE REFERENCED TO N.G.V.D. (MSL 1929). R THE LOCATION OF WELL(W),SEPTIC TAMK(ST)G CESSPOOLS(CP) SHOWN HEREON ARE FROM FIELD OGSERVMTIONS AND OR DATA OSTNNED FROM OTHERS BRANDIS @ SONS INC Cf MOI? NE 20��CO�ON pN Irk o JNo Do F gRAGREEK OAR�����OK M of eEo _cSG�.\ NUKE {Cl m ` 4 o � 9G OC ?100\olo \S 27MIN. =ER=0.1 SURVEY FOR LAWRENCE HUKE AT MATT TUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK *t lMi%UTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW *COPIES OF THIS SURVEY NOT BEARING THE LAND SURVE YOR'5 INKED SEAL OR EMBOSSED SEAL SHALL NOT Of CONSIDERED TO BE A VALID TRUE COPY *GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERN- MENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS *DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR THE ERECTION OF FENCES ALDEN W. YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR N Y.S. LICENSE NO. 12645 HOWARD W. YOUNG, LAND SURVEYOR N.Y. S. LICENSE NO.45893 NOV. 25, 1992 JU L. 13,1992 JUN. 8, 1992 FEB. )1,1992 DATE-. JUL. 9, 1991 SCALE- I "t 40' N0. 91 -0554 400 OSTRANDER AVENUE RIVERHEAD, NEW YORK August 20, 1999 u Mr. Mark Schwartz, Architect 275 Clearview Avenue Southold, NY 11971 Re: Variance Appl. No. 4738 - Ellis and Tapp Dear Mr. Schwartz: Enclosed please find a copy of the Appeals Board's determination rendered August 18, 1999. Please be sure to follow-up with the Building Department (765-1802) regarding issuance of a building permit before commencing construction activities. A copy of this written determination has been transmitted to the Building Department for placement in your pending request for a building permit, and department update. Very truly yours, GERARD. P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Town Trustees' Office Decision- filed 8/20 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUN-TY OF SUFFOLK ROBERT J. GAFFN SUFFOLK COUNTY ECCE p\V L/ VE I (r 1(�Q TEF.- N M. JONES, A.I C.P. r 77 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)- Mattituck Library 4725SE Mattituck Library 4729 Zorn, Bobbi 4731 Carnavale, Vito & Julie 4733 Minor, Reginald & Sheila 4734 Borak, Elyse (Robert) & Ellis 4737 �a p (Nicholas) 4738 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:\CCHORNYIZO NINGXZON I NG\WO RKIN GILDS\SEPT\SD4725.SEP LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ (5 16) 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 Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccnmission: XX Variance from the Zoning Code, Article XXIV , Section 100-24.4 Variance from Determination of Southold Town Building Inspector Special Exception, Article Special Permit , Section Appeal No: 4738 Applicant: Robert Tapp and Nicholas Ellis Location of Affected Land: 275 West Rd., Cutchogue, NY County Tax Map Item No.: 1000- 110-7-11.1 Within 500 feet of: Town or Village Boundary Line XX 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 add -a garage to the front of the principal dwelling with an insufficient front yard setback 4 ' Copies of Town file and related documents enclosed for your review. n a t a ri • Ai intist 26. 1999 APPEALS BOARD MEMBERS ' Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. Mark Schwartz, Architect 275 Clearview Avenue Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD August 20, 1999 Re: Variance Appl. No. 4738 - Ellis and Tapp Dear Mr. Schwartz: 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 rendered August 18, 1999. Please be sure to follow-up with the Building Department (765-1802) regarding issuance of a building permit before commencing construction activities. A copy of this written determination has been transmitted to the Building Department for placement in your pending request for a building permit, and department update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Town Trustees' Office Mr. R. Tapp and N. Ellis Decision filed 8/20 u �4, LPJ August 16, 1999 all Frost tens Circle n, N.J. 08333 1 6660 T f f Gerard P. Goehringer, Chairman I jJ Southold Town Board of Appeals t't; ?,� Town Hall 53095 Main Road -- Southold, NY NY 11971 Re: Tapp/Ellis Application 275 West Road parcel #1000110-7-11.1 D:Long Island\Tapp\L990815A Dear Mr. Goehringer and Board Members. : 0 I am the owner of the property immediately to the west of the above referenced property currently before the Board for approval of an application to construct a garage in the front yard of Parcel #1000-110-7-11.1. While I currently reside in New Jersey, I am typically at my home at 435 West Road in Southold on the weekends, and plan to retire to Southold in the near (hopefully) future. This letter is written in support of the application currently before the Board. The existing improvements on the subject property due not include a garage. The applicants intend to live on the subject property on a year round basis. Currently, it is necessary for the applicants' vehicles to be parked in the driveway. Approval of a garage would, in my opinion, be an improvement to the area as vehicles would now be kept out of view. From my personal observation and knowledge of the property, the construction of a garage, given the orientation and layout of the existing building, would best be between the existing structure and West Road. While this would require that the garage violate the existing front yard requirements, there are a number of lots in the neighborhood which violate the front yard requirements, including two lots immediately to the west of the property in question. I do not feel that granting the requested relief will have a negative impact on the neighborhood, or the zoning. Again, I am in favor of the proposed improvements to Parcel #1000-110-7-11.1, and hope that the Board grants the relief requested. Very truly yours, Mars I ost cc: Robert Tapp and Nicholas Ellis FCAConsultants@woridnet.att.net TRANSMITTAL MEMO TO: ZBA Chairman and Members FROM: Z Office Staff DATE: . 0/ / SUBJECT: File6tJpdate With reference to the above application, please find attached the following new information added to the official ZBA office file: ---=-------�-�--------------- Comments" 'T/ _ ------------------ ------------------ ---------------------------------------- Number of Pages Attached: ______I __________ TrMemo.doc EILHZAIl$ETHH A. NE's H LILE T®WN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ®Ila IFRCE ®IF T EHE T(DWN CLERK TOWN OF SOUTHO]LD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 DATED: July 27, 1999 RE: Zoning Appeal No. 4738 ® Robert J. Tapp 8 Nicholas J. Ellis Transmitted herewith is Zoning Board Of Appeals Application 4738 Robert J. -Tapp & Nicholas J. Ellis. Also inclpded are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Notice Of Disapproval, Application for Building Permit, Certificate Of Occupancy dated July 5, 1978 and copy of Survey. ELIZABETH A. NEVILLE, TONIN CLERK RECEP-r 074785 Town of Southold Southold, New York 11971 Phone: 516-765-1800 DATE -7Z=2 - 19 RECEIVED OF: $ FOR: ��� ®d�RP ❑ CASH CHECK FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy ..Z90.96 Date July. 5 ............... , 19.78 THIS CERTIFIES that the building located at .. 255.. West Road s/. Street MapNo ............. Block No........... Lot No................................. . conforms substantially to the Application for Building Permit heretofore filed in this office daied , ,18,76. pursuant to which Building Permit No....99011 z dated .....Deeember ..?9...., 1976.., was issued, and conforms to all of the require- ments. of the applicable provisions of the law. The occupancy for which this certificate is issued is , .:.Bm)ROOM. ADDITION , T®, ONE_ STORY, COTTAGE AND ACCESSORY DWELLING . .. .... ........... ...... SEE BELOW * . The certificate is issued to ........ K•. Marshall Frost. , , , , , , , , , , , , , , , , , , , , ( owner, ) of the aforesaid building. Suffolk County Department of Health Approval ............N/R .................... UNDERWRITERS CERTIFICATE No. .... Pending . . . . . . . . . . . . . . . . . . . ........... . HOUSE NUMBER .......?$5.... Street ....... Weste Roade . ........................................... tchoguWN......... Building Inspector NOTE This Certificate covers a one story cottage and a one and half story accessoryseasona , a e uilt prior to one Apri 23; �5 Bui ings conform substantially to requirements for living units. y QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of th individuals (and entities) having a subject premises and a description (Separate sheet may be attached.) AR Ckfyc�d.I J. EL -5 e owner(s) and any other 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 No. (If Yes, please attach copy of "conditions" of sale.) W G. Are there any•proposals to change or alter land contours? { } Yes 00 No D. 1. Are there any areas which contain wetland grasses? IJ07- IA; ffVRO 2. Are the wetland areas shown on the map' submitted with Com Vql®A) this application?Ape-4.!r 3., Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, nave you contacted the Office of the -Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of ,proposed construction at or below five feet above,mean sea level? /U® (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 ycu.are submitting? Ne If none exist, please state "none." G. Do you have any•constructi.on taking place at this time concerning your premises? / O 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? tJO If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel es D .� and proposed use . Zr Authdrized Signature ^nd Datef 3/87, 10/901k I APPLICANT TRANSACTIONAL DISCLOSURE FORH The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. G &)aN &.d C"6%V C40544,7W4 4FA)QA)9:eri�5479 48 YOUR NAME: .4 r— K. �G H w,4" Z' 4 P (Last name, first name,middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activit•y.) _ Do you personally (or through your company, -spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this cif day of 199 Signature Print name JL,We4' From: TRPP New York TEL N0.212-874-3650 Oct 20,4-5, 2047 P.01 NEW YORK 5335 Main Rand p0 t3( ao7 �� Id NY 1 15 705-! t5'Ii3] 755-3215 AX To The Zoning Board of Appeals, august 1, 1999 please note that Mark Schwartz has our authorization td act, as applIcant on bur, behalf for the purpose of designing and building a garage on our property luted at'275 West Road In Cutchogue. t Thank you, and Kind regards, Robert J. Tapp Nicholas J. Ellis IG NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF, APPEALS WEDNESDAY, AUGUST 18; 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 Town Hall, 53095 Main Road, Southold, NY 11971, on WEDNESDAY, AUGUST 18, 1999 at the times noted below (or as soon thereafter is possible)® 7:30 p.m. Appl. No. 4738 - ROBERT TAPP and NICHOLAS ELLIS. This is a request for a Variance under Article XXIV, Section 100-244 based upon the July 20, 1999 Notice of Disapproval regarding a proposed garage.with a location in a front yard at less than 40 feet from the front property line, at 275 West Road, Cutchogue, NY; Parcel ##1000-110-7-11.1. The Board of Appeals will at same time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before the hearing is concluded. 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 765-1809. Dated: August 2, 1999. BY ORDER OF THE SOUTHOLD' TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------------------------------------------x In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 4000- -------------------------------------- 1000_ ------------------------------------- --x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, a �4, - residing at zr X New York, being duly sworn, depose and say that: - On the I&Kday of 4611r ,19 , 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-ofaway abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to tl a ate of the subject hearing date, which hearing date w ho to be (Signature) Swoxn to before me this (®` day of u-°��,1911. LYNDA M. BOHN WMARY PUBUC, Mate of New York NO. 01 806020932 (Notary Public) Qualified in Suffolk County Term Expires March 8, 20 *near the entrance or driveway entrance of my property, as the area most visible to passersby. P 44 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of ® &.d tj Ice W ea, !-( (Names of Applicants) Parcel ID #1000- ----------- — - — ---- — --- — ------- — - — --------- — ------- — X 1000 ------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I,Atey-4r RcHw residing at 4,Zr A 50 , New York, being duly sworn, depose and say that: 5 " On the4�kday of 11V4Wr ,19 , I personally mailed at the United States Post Office in 06,TH .A9 , 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 ('Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. „ ® .4 ® � r,---, A Sworn to before me this V day of19in (Notary Public) -® (signature) LYN®A M. BOHN NOTARY PUBLIC, State of New York No. 01606020932 Qualified in Suffolk County, Term Expires March 8, 2004 PLEASE list, on the back of this.Affdaiit or on a sheet of aper, the lot numbers next to the owner names and addresses for which notices were mailei Thank you. G F1 XrOM OFFICE ZONINGBOA RD OF A PPEA 53095 Main Road Southold, NY 11971. (516) 765-1809 fax 765-9064 August 2, 1999 Re: Chapter 58 — Public Notice for Wednesday, August 18, 1999 Hearing Dear Applicant: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times, Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED; as soon as possible, with the map 'to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765=1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any -signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than 8/10/99. Post the sign facing the street, no more than, 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign -is enclosed for the front yard facing each one.) - The sign(s) must remain in place for at least seven '(7) days, and if possible, „should. remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs 'have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. _ If you do not meet the deadlines stated in this letter, please contact us promptly. "It -'may be necessary to cancel your hearing if the required steps are "not followed."' Thank you for your cooperation, Very truly yours, ZBA Office Enclosures 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: IA ep / N. mus DATE OF PUBLIC HEARING: UJ6,0 Prue 1(9 1999 If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 90007E; WCsT- 2b - C(J40FCfikD&V4: BOARD i'. APPEALS Southold Tovm Hall PO Box 1179, 3095 Main Road Southold, NY 11971 ILI k ' 7WN , MR. MARK SCHWARZARCH , . 4":'1 *21", 275-CLEARVIEW AVE. Mr �OLD, NY 11971 A So TH FOR BOARD AND STAFF USE �7019 L c- UpdatedNew Information Southold Town Board of Appeals -24- January 27, 1977 SOLVED, B. Shackman & Co., 85 Fifth Avenue, New Yor} y, New Yor Gary Olsen, Esq.) be GRANTED permission to structni dwelling uin business building, Main Road, rel, New York, as applied for, ubj.ect to the following itions: 1. The apartment to created the second floor of the barn over the antique shall be not less than 850 sq. ft. 2. The abandoned r dence on the terly portion of the property sh not be used for resi tial purposes unless it is se off on a lot of 40,000 sq. ft. ° area. Vot,-"of the Board: Ayes: - Messrs: Gillispie, Hu-1-5�Grigonis. PUBLIC HEARING: Appeal No. 223-7 - 9:15 P.M. (E.S.T.--) upon application of H. Marshall Frost, West Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to change property lines. Location of property: south side West Road, Cutchogue, New York, bounded on the north by West Road and Knauth; east by Pequash Club; south by Peconic Bay; west by now or formerly Dittmer. The Chairman opened the hearing by reading the application' for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the -Town Clerk that notification by certified mail had been made to: Mr. and Mrs. John Greenfieldt; Mr. Frank Hetzer, Pres., Pequash Club; Mr. and Mrs. Edgar Knauth. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? The H. Marshall Frost property has two houses'on it, both on the easterly side of the property, and the Howard M. Frost property has a single dwelling on it, halfway back from the road. Is there anything to add to this? H. MARSHALL FROST: In case those names are confusing, they're both me. The original property is owned jointly by my wife and me. The acquired property to the east of us is only in my name. THE CHAIRMAN: This is the first property, the property to the east? H. MARSHALL FROST: The property to the west was the first property. The property to the west was 75', the property which was acquired last spring is 100'. It is our intention to change it by requesting permission to take 25' from the 100' and put it on the 75' to that between the two properties will be a road to let us in and out. 10 64 Southold Town Board of Appeals -25- January 27, 1977 THE CHAIRMAN: Will this line run 25' down the full length of the property? H. MARSHALL FROST: Yes. THE CHAIRMAN: You will then abandon the access to the west? H. MARSHALL FROST: That is paved, and whether that will be finally abandoned or whether it will be used to come in, it's not difficult to come in, climbing up the hill and so on is the problem. THE CHAIRMAN: This new access will be attached -to the property to the west. H. MARSHALL FROST: The new access will be attached to the east of our property. It will become part of the westerly portion. THE CHAIRMAN: Anyone else wish to speak for this application? (There was no response.) Anyone wish to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to change property lines, south side West Road, Cutchogue, New York. The findings of the Board are that this change will not affect the density of the area or the physical locations of the houses. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in -the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, H. Marshall Frost, West Road, Cutchogue, New York be GRANTED permission to change property lines, ;youth side West Road, Cutchogue, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. MARK K. SCHWARTZ, AIA ' ARCHITECT 9336730867308 633 5 275 CLEARVIEW AVE. 516-765-4378 " li SOUTHOLD, NY 11971 513 1. O0 Fleet 19971 Southold Office Southold, New York 11971 1 IVP Z6 - ---- -- -- - --- — - ----- — ---- - - 1:0210003221: 93673 0&63SP 0513 At- ok, r.N't.— T. y 7 4, ,NVW�74 Wr v; LM:J-, yg 1p iO za Wo. N. t. of tt At- ok, r.N't.— T. y 7 4, ,NVW�74 Wr v; LM:J-, yg 1p iO za Wo. N. t. of