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1'2f ®�? 6 IV J, yt APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION SPECIAL MEETING JUNE 7, 1999 Appl. No. 4672 - DOUGLAS and AMY ROSE STREET & LOCALITY: 500 Maple Lane, Southold 1000-64-1-20 DATE OF PUBLIC HEARING: May 20, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The subject property consists of a total lot area of 31,486 sq. ft. with 120 ft. frontage along Maple Lane and an average lot depth of 262+- feet, Southold. The survey updated December 22, 1998 shows an existing one-story, single-family dwelling. The dwelling is shown at 88.6 feet at its closest point to the front property line and a nonconforming side yard setback at 13.8 feet. The remaining side and rear yard setbacks are conforming per code. BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated December 3, 1998 citing Article XXIV, Section 100-244.B for the reason that the Code requires a minimum side yard at 15 feet on nonconforming lots having more than 20,000 sq. ft. and less than 39,999 sq. ft. of land area. The existing 3.8 ft. side yard is proposed to be reduced to 11'8" at its closest point. No other variance has been requested through this building permit/appeal process. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a proposed addition, a small portion of which will be extending into a nonconforming side yard area. REASONS FOR BOARD ACTION: After consideration of the entire record, testimony at the public hearing and other evidence, the Board finds the following facts to be true and relevant: 1) Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the variance is minor, relating to only a 32 sq. ft. portion of the proposed addition, allowing the remaining side yard of the dwelling to remain at 13.8 feet. 2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. 3) The requested area variance is not substantial, representing 32 sq. ft. of building area. 4) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the remaining side yard setback of 13.8 feet will be maintained without further reduction. $Dge 2 – June 7, 1999 ZBA Appl. No. 4672 - D. and A. Rose Parcel ID 1000-64-1-20 (5) The alleged difficulty has not been self-created. In considering this application, the Board finds that a variance to allow construction of the proposed addition is the minimum necessary and adequate, and at the same time will preserve and protect 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 variance, as applied for, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The proposed addition shall be limited to one-story height (same height of existing dwelling/roof line). 2. The buffer of trees and shrubs shall remain and be continuously maintained in good condition at all times along the proposed addition and extending 40 ft. west of the addition. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING. (Member Collins was absent.) This Resolutionwas ��opte /���— (4-0). GERARD P. GOEHRINSiE CHAIRMAN For Filing about 6/10/99 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE CO% HOUR Town Clerk, Town of Southold _� Article., and Art based c Notices that the is less l and wil deck is prop( in 75, feet Location of Creek Drive No. 1000 -70 - title M approva Use in'a at ` 33 Mattitut 9-15. 7:10 two Dis pro N feet lain t 1999.:'. req LIVEN, tots heTT,own 15'i Tolytr-:of of rlicat;ons Ave East bluff o NY; Sotind; Stars R 10002: s; A 7:40 the PETE1 Ar- TIERS: T]e, under ' _ 1• A the ice Of., t the yard 1.90 NY; "WOA 3, T; 8:00 p m App„1`r Nb.-46j'� 1999 ANTHONP HtfdffF_S- and E fisting tolkhead , .. utsapprovat- w 46,77:— proposed addit NNIFER than 35 feet fr{ requested line.'Location n'Zoning Main Road, in 100-.244 Parcel 3000.31-. ingwith a 7-20 p.m. ""'in the • SHAWNUL L line., The Article - XXI lass than 239AA(1)base defined as 1994 Notice o East bluff o NY; Sotind; Stars R 10002: s; A 7:40 the PETE1 Ar- TIERS: T]e, under ' _ 1• A the ice Of., t the yard 1.90 NY; "WOA 3, T; 8:00 p m App„1`r Nb.-46j'� 1999 ANTHONP HtfdffF_S- and E fisting tolkhead , .. additi( ierty: 610`.Jockey ., amend thold, NY;.,Parcel *i Match 2 than 7: pl No..,;9665 - nit head z 4& A+ SEecialr; South( ested;tuider Ar , The '160411 foii.x'T time'ai ssory Apartmen 4t, sons pi ex shnesidence heard` kham -.`:(Avenue, } desfrit reel No" 10003U1 -,x', menfs' hearin .tate to call (516) Dated: April IZ B) SQ ZA GER tcce_i�res (�i S. of Mattituck, in said ountg 9 n county, being duly; sworn, says that he/she is 3S;-Ayprincipal clerk of TETE SUFFOLK TIMES, a r i* weekly newspaper, published at Mattituck, in based. Arthe Town of Southold, County of Suffolk and ;� State of New York, and that the Notice of which it less, the annexed is a printed copy, has been regu- errylariy published ' said Newspaper once each 1'4�y', week for _v eeks uccessively, 94 commencing on the Y '' ` day udder. of�`rl.� 19 1W( wbigh o ` principal Clerk Island :2W palSworn to before me this ga `— day of 19� MARY DIANAFOSTER t` d' �� /l 1� Fes`'°��` L` NOTARY PUBLIC, STATE O NEW YORK Zoning. N0.52-4655242, SUFFOLK COUNTY 6 1W COIA ISSI0h EXPIRES AUGUST 31,1917 on the Yce--of that (a ground e yard y- 505' _ .NY 'r —1 .»> rvonces of Disapprove: wich state that th4ddition is pro. (_ posed to be located at fess than JS feet from the bulkhead and -will e " exceed the overall20% lot coverage limitation. LocatioIii9NOperty: 215 J q PL TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: December 3, 1998 To: Douglas & Amy Rose 500 Maple Lane, P.OBox-1331 Southold, New York 11971 PLEASE TAKE NOTICE that your application dated September 24, 1998 For permit to Construct an Addition to an Existing Single Family Dwelling at Location of Property 500 o Mgle,L�ne Southold et N.Y_ County Tax Map No. District 1000- Section 64 - Block 01 - Lot 20 Subdivision: Filed Map No. Lot No. Is returned herewith and disapproved on the following grounds: The Dronosed addition does not meet the reauirements of section 100-244. of the Southold Town Code: Setback requirements for non -conforming lots. The required side yard is fifteen (15') feet. As proposed, the addition encroaches into the required side yard for a distance of two (2') feet. (The"existing side yard is 13.9'- The proposed side yard is 11.9') Zoning Board of Appeals action FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL: 765-1802 Exani;ned .................. 19.... Approved 19.... Permit No. .... .. ...... 10 BOARD OF HEALTH . 3 SETS OF PLANS ............... SURVEY CHECK` ..tOC?.J `-Q..... SEPTIC FORM:: .. .......... Disapproved a/c .................. (Buil ' ��t.o.r.r)........ U APPLICATION FOR BUILDING PERMIT NOTIFY: CALL .................. MAIL TO: .................... BlDG.OEPT. Dqlz ate��•;.?.;19.tu. TONIN OF 50tff' OLD . �; INSTRUCTIONS a... Ibis application must be completely filled in by typewriter or in ink and submitted to. the Building. Inspector w 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public. streets or areas, and giving a detailed description of layout of property mist be drawn on the diagram which is part of this application. c. The cork cowered 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. Such permitshall be kept on the premises available for inspection throughout the work. e No building shall be occupied or usedin whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the. Building Inspector. APPLICATION IS 1EFMY�MM to the Building. Department for the issuance of a Building Permit pursuant to the Building, Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Leas, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, buildJAg c ing code, and regulations, and to.acinit authorized inspectors on premises and in:bur .for rep ss 'n ..... . ........................ i.. afore of applicadt, or name, if a corporation) &�x133Ji.. rs�c�..... ... ij.c IJ.......... (Nailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builde © !N09 ....................................................................................... Name of owner of premises ...••;1PLlgl�t T.s.ldY .. �:.f?o'�:............ .. .......................... (as on the tax roll or latest deed l' If applicant is a corporation, signature of duly authorized officer. ......................................................... (Name ad title of corporate officer) BuildersLicense No . ......................... Plumbers License No . ......................... Electricians License No . ..................... Other Trade's License No . .................... 1. -i- ation of land on which proposed work will be done.............................................................. ? .:...M !.�......`... � x�_C S�? ? ........................................................ House Number Street PP Haslet County Tax Map No. 1000 Section ...... 6LI...... Block ....Q.t........ lot Zd... 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 ... ?�Si. i � IVjy)C+ 0.CfL Y�1Yb i�E1 b. Intended use and occvpatxy:.. Reslc�eu�Q� 4V�3(�(Q: i`(JCII�.IUY/I�C,L,Ii1`}_ �g4 4, 0 ':d:cs Ha ure of work (check whith applicable). New Building ..�. Addition ... ...... Alteration .......... Repair ............ Removal ............. Demolition ............ Other Work b (Description) Estimated Cost ..... 169 ............. .............................. (to be paid on filing this application)) if dwelling, number of dwelling units .....1...... tk_xther of dwelling units on each floor ..... 1 .......... Ifgarage, n aber of cars ........ WO ......................... If business, commercial or mixed occupancy, specify nature and extent of each type of use.... ...................... ! Dimensions of existing structures, if ary: Front .... .+.4!OR. _77.t ....... Depth�Q .Y? Height ..... ffinber of Stories ...U.......... Dimensions of same structure with alterations or additions: Front ...sOh.R1ue,... Rear agyvw Depth .......... Height ('"j.`.—' y'.y..... Number of Stories 2,'3 cisalQ , 3. Dimensions of entire new construction: Front ......... ?..... Rear ...... S.........{ Height ....... ��?j... ........... tuber of Stories ..................... 3. Size of lot- Front ... l:Z.O... ......... .Pear4Q../........ Depth t /' 10. Date of Purchase ...DVbtl j.!-J:/S flame of Former Owner .......... 11. Zone or use district in which premises are situated.............................................................. 12. Does proposed construction violate any zoning law, ordinance or regulation: ..No ................... 13. Will lot be regraded .... N1t5............ Will .excess fill be removed from premises, YES 14. Names of Owner of premises AAXLA$: .3C.5e.w�Y. Address .�3s�}c !?+�+i.Sa G��i14� ... Phone No. 7GS p, j.. -76 -5 -NZ ... . Name of Architect ...lYib ii?. � w > ;...... Address ��� :.L4� �VQ � .��1 ! Y Rhone No. �G �.,....... Nam of Contractor .......BP ..................... Andress ........ ........ .Pero. No. .......:...... 15. Is this property within 300 feet of a tidal wetland? * YES .......... M .... .... *1F YES, SOH1iYHD TOWN TBUSIFSS PM9T MAY BE REQUIM. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions from property lines. Give street block number or description according to deed; and show streetTs and indicate whether interior or comer lot. See c , j _ `\ y� � dam, Q'�'�` :.lsyssL�J C Q�^,0� �t..u�.-prwtirts . srn.lr or taw-YDRR, Ss COHNlY cr ....... .... .4 ..�... �... :....►5 '. r (Nam of individual signing contract) above tared, Ile is the ......... Q.O.`... .. ............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 thesaid 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 perfommed in the .manner set forth in the application filed therewith... Sworn ..��too2 be ore me this (r.7..........day of ......19.CL% ... Notary Ljary INB VALE(f bllc, State of New York No. 01 VA5063958 GualMed In Nassau County Pww.+.inelrn Cvwt.,,n M.a..e� t swwn ,ignatu e of Applicant) TOWN OF SOUTHQrLDD N US/ YpQff APPEAL FROM DECISION OF BUILDING INSPECTOR� APPEALNO. -1{r?7� lu -- L'Ierk Southold DATE Februa%,V1999 TO THE ZONING BOARD O F APPEALS, TOWN OF SOUTHOLD, N.Y. 1, (We) Douglas and Amy Rose of, 500 Maple Lane. Box 1331 Name of Appellant Street and _Number Southold New York HEREBY APPEAL TO THE Municipality State ZONING BOARD`OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED Sept. 24' 199& WHEREBY THE BUILDING INSPECTORDENIED TO Douglas and Amy Rose ---------------------- ----------------------- Name - -- ------ Name of Applicant for permit Of 500 Maple Lane Box 1.3.31Southold New York Street and.Number . Municipality State ( x) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY 500 Maple -Lane_ Southold Street/Hamlett Use District on Zoning Map Distrrct-1400 Section lock-,- 01 Lot--- 20 ._. Current Owner Douglas and Am Rose Map No. 1000 (# Lot No. 20 Prior Owner Richmond Corwin 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Subsection and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 100 Section 24 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection3' 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for special permit request for a variance and was made in Appeal No ----------- _Dated ---- REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( V�' A Variance to the Zoning Ordinance is requested for the reason that Fon, ZBI (Continue on other side) REASONS FOR AREA VARIANCE ONLY (TOBE 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: The existing structure already sits close to the property line (more than current setbacks allow). The additional two (2) feet protrusion will not even be seen from the road due to the layout of the building (it is in the rear). Additionally, due to landscaping and plantings, as well as placement.of the neighboring structure to the front of the property, it will not be seen. 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 placement of the existing structure on what may have been a single lot and later subdivided, - as well as the architecture and layout of the residence require proportion and balance. From the structure to the roofline the appearance must be proportionate and equal to what exists or the architecture is lost. Also, because this section is living quarters, it requires some minimum dimension to accommodate. 3. The amount of relief requested is not substantial BECAUSE It is two feet to allow'a bump -out of a sixteen foot wall within an exempted setback structure. It will still allow access around the structure, but will be hidden by landscaping currently existing 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE The structure, its architecture and appearance from the front remains intact. The structure ( a two bedroom residence)'would be upgraded with one additional bedroom which makes it more compatible and appealing to the neighboring residences going forward. 5. Has the alleged difficulty been self-created? ( _ ) Yes. { x. _) No. Not by current owner, but; possibly by past owners). 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. (2') two feet to allow bump -out of bathroom wall for additional bedroom. STATE OF NEW YORK) COUNTY OF SUFFOLK),, i (Applicant Agent must attach written consent from owner. Sworn to before me this _`2 day of F , 1911 - Notary Public ALM RASNO&NE N5 5©28988 txtlk/form.var/temP Qua �,in SOON co ir3; 7.6&0 ,... ,., a�....m. Y REWRD CARD DISTRICT SUB. LOT . ..t.h.. ACREAGE ,ZZ3_ ; - _ any?..`. TYPE OF BUILDING 'M IIC��B. I MISC. I Est. Mkt. Value u� r d C -sl �z 3N WATER ON ROAD °eo i i Foundation Bath M. Bldg.I95 PG —3 Extensionls" I ?G a.._ 3,25 (n Basement Z / 3 Floors W rC Extension _ p )Nt Walls - M/b StP/N inferior Finish c Extension Fire Place Heat 1I i Foundation Bath M. Bldg.I95 PG —3 Extensionls" I ?G a.._ 3,25 (n Basement Z / 3 Floors W rC Extension _ p )Nt Walls - M/b StP/N inferior Finish c Extension Fire Place Heat Porch Roof Type Porch '- —.--_-Roo Rooms 1st Floor ^— ---Floor -- ---, i —— -Breezeway –------ —__.._ Patio ms 2nd � Garage X Driveway —_ Dormer— O. B. — i MAIN Y S Pte' � r- Zg3 ENMITN SURVEY OF v+Azf FROPERT Y N101F e" a y_ m A T SOUTHOLD N TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y \ 30 5 P g ae m 1000 - 64 — 01— 20 7z N. \� A Scale: 1 30 o.r 3a r y r Jan. 11, 1995 fe o,ti a well r�.a' o, -- DEC. 22, 1996 (prop,. addition J r m�nd ,�ao's pry' � 19.9• 2•r' r 0e r m '�VIArJ�T' m" 2391 °• \Cp y , cE1L Toj Dc7ROSE,JRGaRVIIIN H ,�N5.OF AMERICA N ofAli J. CINC0T -A.zg'g0RIG14 Co5IONAL ABSTRACT CO.0c. � / Nt p/F sl .� aA. ^� AFIY' %T ATION DfP AOD(T/ N TO THIS SURVEY IS A VIOLAMM 4xp r. OK STl 2 9' • F THE N W YORK Sr TE EDUCATION LAW, E. C HT i ✓ SCION /5�1 408le f �SN)VpISION R A . i CART IFICATI N$ . S. ��c• NO. 4�6�8 /5E�iLSa1PPA I�Qa SpIA� OF 5R FY�R q " rur P. C. AREA 31,486'SG].ft. AOSIi Y r.0•CDMFLY W1TH S ID LAW THE T R "ALTER�D By �+ P. 0' rL Mv$ $�Y NY A. ALL VEYORS U 6 A Cpf'Y MAIN IST pIt U V OR AP. S& RMS SU�/ A ECTED" AND `E1R" bAfi ARE Nor 1N Co 44410 W��H rl� L,4W. SOl/%X�OLD, N.Y. 11 7I 95-104 C� ED ARD FORRESTER DIRECTOR OF CODE ENFORCEMENT August 27, 2002 TOWN OF SOUTHOLD Bruce Anderson Suffolk Environmental Consulting, Inc. PO Box 2003 Bridgehampton NY 11932-2003 Re; Douglas and Amy Rose 500 Maple Lane, Southold SCTM# 1000-64-1-20 Dear Mr. Anderson, Town Hall, 53095 Main Road T.O. Box 1179 Southold, New York 11971 Fax`(631)765-1823 Telephone (631) 765-1938 AUG 2!18 )2 Based on your submission dated July 22, 2002, a determination has been made that a new buffer of substantial trees for the entire 40 foot would be sufficient to remedy the removal of the trees noted in Condition #2 of ZBA_Appl. #4672 (Memo attached). Once planted, an inspection can be performed to assure compliance prior to the issuance of a C.O. A fence on the property that conforms to the regulations in Chapter, 100 of Southold Town Code is not an issue in this decision. Sincerely, Edward Forrester Director of Code Enforcement cc; G. Goehinger, Chairman Zoning Board of Appeals Building Department F APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva �\ Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD INTER -DEPARTMENTAL MEMO TO: Mr. Edward Forrester, Director Code Enforcement FROM: Jerry Goehringer, Chairman Board of Appeals DATE: May 10, 2002 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net SUBJECT: Letter from Patricia C. Moore, Esq. (D. Rose Property) 500 Maple Lane, Southold We are transmitting the attached May 9, 2002 letter to your Department. The letter was forwarded by Patricia C. Moore, Esq., attorney representing Paul and Maureen Hoyt, adjacent property owners, regarding compliance concerns at the above premises, and/or concerns about new construction pending under an open Building Permit on file with the Building Department. The ZBA does not have jurisdiction regarding enforcement matters. Thank you. Enclosures ��,Sfi- ?;.- -, I Gev 0 C, a _ G PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold New Fork 11971 I Tel: (631) 765-4330 ,:t t Fax: (631) 765-4643 OK` Margaret Rutkowski Secretary =ol �S; G May 9, 2002 Southold Town Zoning Board of Appealsa�� Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Ree Appeal No. 4672 Douglas and Amy Rose 500 Maple Lane, Southold Dear Chairman and Board members: I represent Paul and Maureen Hoyt residing at 540 Maple Lane, Southold. Their neighbor, Mr, and Mr. Rose obtained. on June 7, 1999 a variance for an addition. The variance contained an express condition that "the buffer of trees and shrubs shall remain and be continuously maintained in good condition at all times along the proposed addition and extending 40 ft. west of the addition". The property contained a row of 40' pine trees and natural buffer of shrubs. Mr. and Mrs. Rose violated the variance condition by removing the buffer of trees and shrubs (see exhibit A); placed a berm of organic compost (Exhibit B), installed a 6.5' cedar fence on top of the berm which raised the height of the fence to over 6,5 feet above natural grade (Exhibit C) and then a second wire fence on the property line was installed (Exhibit D) . The Code enforcement officer issued a letter on April 29, 2002 advising Mr. and Mrs. Rose of the Zoning Violation. We would request that pending determination of the violation the wire fence be removed. The building permit is open and expired. the addition was issued on condition of compliance with the Zoning Board decision. I have offered to Mr. Forrester to discuss with Mr. Rose an agreeable boundary line agreement' to establish clear boundary lines. The wire fencing is not required, is offensive, and in violation of the condition. A written Boundary line agreement will assure both parties that no adverse claims are intended. Nevertheless, a restoration landscape plan, acceptable to my clients, should be considered by the Zoning Board. Ve�tr ly yours, Patricia C. Moore cc: Mr. and Mrs. Hoyt Edward Forrester, Code Enforcement Mike Verity, Building Inspector Y7N m Exhibit A Exhibit B Exhibit C r • Exhibit D ' 'aj` y, . •'t y jr rK .�� �' � • R, -r" �R�,� '� � �� x 'fib.= + � - . •' 16 " � �. _,� ,i,� , ___ _ -- ::�: ;�.:.. �i____� - � 'I � �s. � l 'L ,� � � �. C Fe [. ` jj� COUNTY OF SUFFOLK V JUL 1 51999 ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING July 9, 1999 Town of Southold Zoning Board of Appeals 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. App s) Municipal File Number(s) Rose, Douglas & Amy 4672 Wiggin, Merlon E. 4689 Richards, Alan & Louise 4690 Shapiro, Barry 4694 McGough, George & Eileen 4696 Morrison, Mike/Chituk Pools 4703 Briggman, Richard 4706 Losee, Thomas 4709 Davids, Curtis 4711 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:%i I I CC%ZONING\ZONING%WORKINGILDSUUN\SD4672.JUN LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ® P. O. BOX 6100 ® (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044 Ae PEA MLS BOARD MEMBERS y Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. and Mrs. Douglas Rose P.O. Box 1331 Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD June 10, 1999 Re: Appl. No. 4672 - Variance/Side Yard Setback Dear Mr. and Mrs. Rose: 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 at our Meeting held June 7, 1999. Please be sure to contact the Building Department (765-1802) regarding issuance of a building permit (and certificate of occupancy at the final phase.) Please do not commence building activities until all permits have been issued in writing. A copy of this written determination has also been furnished to the Building Department for placement in its pending application file and update. Very truly yours, GERARD P. G EHRINGER CHAIRMA4AJ, � By Linda o alski Enclosure Copy of Decision to: Building Department Suffolk Environmental Consulting, Inc. (faxed 537-5198) Decision filed 6/10 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel,. (1-516) 765-9064 fax d 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 Ccumission: X Variance from the Zoning Code, Article XXIV , Section 100-244 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section. Special Permit Appeal No: 4672 Applicant: Douglas & Amy Rose Location of Affected Land• 500 Maple Lane, Southold, N.Y. County Tax Map Item No.: 1000- 64-1-20 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission..to Under 200 sf/sideyard setback. copies of Town file and related ocuments enc os for yo review. Dated: 6 ��� 1999 J *PPEAA- S BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD June" 10, 1999 Mr. and Mrs. Douglas Rose P.O. Box 1331 Southold, NY 11971 Re: Appl. No. 4672 - Variance/Side Yard Setback Dear Mr. and Mrs. Rose: 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 at our Meeting held June 7, 1999. Please be sure to contact the Building Department (765-1802) regarding issuance of a building permit (and certificate of occupancy at the final phase.) Please do not commence building activities until all permits have been issued in writing. A copy of. this written determination has also been furnished to the Building Department for placement in its pending application file and update. Very truly yours,, GERARD P. G EHRINGER CHAIRMAN By Lindao alski Enclosure Copy of Decision to: Building Department Suffolk Environmental Consulting, Inc. (faxed 537-5198) Decision filed 6/10 Page 2 — June 7, 1999 1 ZBA Appl. No. 4672 - D. an( Rose Parcel ID 1000-64-1-20 (5) The alleged difficulty has not been self-created. In considering this application, the Board finds that a variance to allow construction of the proposed addition is the minimum necessary and adequate, and at the same, time will preserve and protect 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 variance, as applied for, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The proposed addition shall be limited to one-story height (same height of existing dwelling/roof line). 2. The buffer of trees and shrubs shall remain and be continuously maintained in good condition at all times along .the proposed addition and extending 40 ft. west of the addition. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING. (Member Collins was absent.) This Resolution 7"70pr2��� (4-0). GERARD P. GOEHRIN�rE CHAIRMAN For Filing about 6/10/99 RECEIVED ,NLj FILED- ,Y TBE SOUTHOLD TOWN CLERiK DATE • HOUR I Town Clerk, .. S uffoRk IEnWir®uumeli W (C®uusuuIltng, Rne. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New Y (516) 537-5160 Druce Anderson, M.S., President Via Fax and Regular Mail Southold Zoning Board of Appeals c/o Linda Kowalski Town Hall P. O. Box 1179 Southold, NY 11971 Re: Rose Premises situate: Maple Ave., Southold Town SCTM # 1000-64-1-20 Dear Board Members, Bax: (5 11932-2003 n S a IJ W June 4, 1 7 I am in receipt of correspondence from Maureen O'Donnell dated May 21, 1999 and received' by=your office•owMay25, .1999: concerning the zoning application referenced above. I respedtfully request that -this letter be disregarded and -stricken from the record because it is untimely and it misrepresents the practical difficulties established during the hearing.-' As you know, a public hearing was held on this matter- on May 20, 1999 and the hearing was closed on that date -Ms O'Donnell was present at the hearing and gave testimony and was made aware that the hearing was closed. Her subsequent written submission is untimely. It was during the hearing that a clear case of practical difficulty was established. The practical difficulty established include the location of the existing dwelling relative to property lines, the inability to expand the dwelling -by adding a second floor, the location of the existing plumbing that precludes expansion on the other side of the house, and constraints relating to the existing floor plan which can not be changed. It was. also noted that the relief requested is minimal. Finally, all other neighbors attending the hearing spoke in support of this application. I irust•that you will `afford the proper considerations. and render a -just decision— Thank Thank you,in advance`for:your,•understanding.= -. - Rinc-erely, cc. ;e A. Anderson D. Rose � �ilI0)E Lfcc;r Yc 2 199 Maureen O'Donnell x 540 Maple Lane PO Box 1013 _ Southold, New York 11971 May 21, 1999 Southold Town of Board of Appeals Gerard Goehringer Chairman Dear Mr. Goehringer and Board of Appeals, ArO I . Ale. 1/67-2- This /67-2, This letter is in regards to the Douglas Rose variance application SCTM# 1000-64-1-20. There were several issues referred to by Mr. Rose's consultant who spoke at the hearing that are irrelevant to the issue at hand. There are also a few issues I would like you to be aware of that cause me to be protective of my property line on the Rose's side. First, the irrelevant issues that the Roses have mentioned to me and that the consultant spoke of at the hearing: 1. My property is not the issue at hand although reference to it was discussed at the hearing and by the Roses. 2. The type of house, growth of a family are not relevant issues to this hearing. The consultant repeatedly mentioned that the Rose's are a lovely growing family ( which they are). This however, is as relevant as the fact that I am a widow and have worked very hard and long to purchase my first home. Emotional issues are brought up to gain sympathies and cloud the real issues, but remain irrelevant. They will remain a lovely, growing family, as the consultant describes, with out building in the set back area. The relevant issues deciding this variance are: 1. Is there substantial set back effected ? - yes. 2. Can the bedroom be done a different way ? - yes. 3. Was this issue self created ? - yes. The Rose family chose to buy a 2 bedroom house. Doug, I believe is in a family construction business and they probably planned to extend the house. Amy told me Doug's company is doing the work. If the Roses needed to have this room built a particular way they knew enough to check whether or not they would be allowed to do so. 4. Is it detrimental to neighbors and or the community ? - yes. My property value will decrease and it will be more difficult to sell me house. This loss is as important as the loss of my view . The consultant mentioned at the hearing only the view and that a few feet is small and insignificant. The Roses went to slot of trouble for something that is insignificant ( taking pictures of my house without permission to be on my property, paying a consultant to speak even though Doug was in the room, asking a new neighbor to be troubled and have their property devalued). Well if it is insignificant let the room be build the other way a few feet. Issues I would like you to be aware offi. I am concerned about my property being encroached. The hoses have already moved 70 feet of bushes over the property line 6 feet. Now they want to build 11 feet away from the line in the set back area when their house is already in the set back. There is a trend. 1. The Rose's are planning to cut down the large mature trees in the back that are along our property line. If the Rose's move the bushes back onto their own property (I have talked to them about the bushes), and cut down the trees the only view will be the 58 foot pink wall. The mature planting that are at thein lushest this time of year. All this will change/ be removed in the future. I ask that the current regulations be upheld. Thank you, Maureen ®'Donnell L. gw- 10 -NMr- � je. tz Ao' ............... :� 7t t Nit"f .. SuffoRk IEnWi°® eimt.%Il Consukkg, Himeo Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (516) 537-5160 ]Fax: (516) 537-5198 Bruce Anderson, M.S., President Via Fax and Regular Mail April 15, 1999 Southold Zoning Board of Appeals c/o Linda Kowalski Town Hall P. O. Box 1179 Southold, NY 11971 Re: Rose Premises situate: Maple Ave., Southold Town SCTM # 1000-64-1-20 Dear Board Members, As you know, the request for zoning relief for the premises referenced above has been scheduled -for hearing on April 22, 1999 I am unable to attend. Kindly reschedule this matter for hearing during your next regular meeting. Thank you in advance for your cooperation. Sincerely, - -Bruce A. Anderson } cc. D.'Rose EIZZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. BOX 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHO]LD TO: Southold Town Zoning Board of Appeals 2 FROM: Elizabeth A. Neville FEB 1999 DATED: February 24 1999 RE: Zoning Appeal No. 4672 - Douglas & Amy Rose Transmitted herewith is Zoning Board Of Appeals Application 4672 - Douglas & Amy Rose. Also included are Notice Of Disapproval, Letter of Authorization, copy of Survey, Applicant Transactional Disclosure Form and Z.B.A. Questionnaire. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (516) 537-5160 Fax: (516) 537-5198 Bruce Anderson, M.S., President Southold Zoning Board of Appeals c/o Linda Kowalski Town Hall P O Box 1179 Southold, NY 11971 Re: Rose Premises situate Maple Ave., Southold Town SCTM # 1000-64-1-20 Dear Board Members, February 12 X17999 FEB D 7 1999 Enclosed herewith please find a completed application for zoning variance concerning a requested relief from the required side yard setback for the premises referenced above. The submitted application contains the following: • APPEAL FROM DECISION OF BUILDING INSPECTOR, • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION; • APPLICANT TRANSACTIONAL DISCLOSURE FORM; • Endoresement; • TOWN OF SOUTHOLD BUILDING DEPARTMENT - NOTICE OF DISAPPROVAL,- Survey ISAPPROVAL; Survey prepared by Peconic Surveyors, P. C. last dated December 22, 1998; and • Filing fee made payable to the Town of Southold in the amount of $400.00 covering the requisite application fee. Kindly commence your review of this application and advise this office as to when this matter will be scheduled for hearing. Also, please do not hesitate to contact this office should you have any questions or require any additional information. ow A e Page 2 Southold ZBA 2/12/99 Thank you in advance for your expeditious processing of this application. incerely, Bruce A. Anderson cc. D. Rose QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Douglas F. Dose, Jr. Owner and resident (Husband) Amy C. Dose Owner and resident (Wife) Nome Savings Bank of America Bank holding_ mortgage B. Is the subject premises listed on the real estate market of 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? { I Yes { x I No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? 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 list present use or operations conducted at this parcel Residential -Single family use and proposed use Same but only an addition to existing. raze Signature and Date O"AA TgANght!TitlNhL p2l1CI.t/gUglt roam Toult MAN11I Douglas Rose (hamb namek r re name+ ;Male n a , unless rod sire a plyln{), ih the name el someone aide or other entity, euoh se #a company. Ir Otis Indicate Else other parson#e or company's name.) NATURK or APPLICATIUNe (Check -all that apply.) Tax grinvanca variance X Change or zoner Approval of plat 5xamptlon from plat or official map Other (If "other," name the activity.) D" you porsonell (or through four aonpany, •ponser erlbling, parent, or ehlid� have is i-dlatibnahlp .lith am1 ottldet or employee or theTown tat i o,ittholdl andlatlonship a iHdltided by blood, .anlage, er bo6tkoelaiatatobt. •bdr11tood Interest* means a bddinesMia° 1„ttiNdlnb a parinbrrh/aa. lid which the town Blear oef"plorve has even a pdrtlai ownership of (or employment by) a corporat'lon In which Lite town officer or'. r amploree owns more than sit tit the RIIACOe. , T RS NO �X_ Ir you Answered ■TRS,• conplate the balance or title form and date and sign where indicated. 11. Nnme of parson employed by flee Town or Southold Tibia or position or that person Doncrlhe the relatlonahlp betvean yourself (the applicant) and the town officer or at" Loren. Hither check the appropriate line A) throug6'b) and/or deserlbe In the space provided. ; Tlee town officer or emplo,yy so or Itis or her spouse# sibling, parent, or child is (check'a1I that apply)@ A) the owneir of greatel,i• than S% -or the teheraa of the corporate stock'df,;+thM a applicnt (when the abpllcant 1a a eorpornbion)j'' n) the legal or bensrl'clal owner or any Interest In a noneorporste entity (uhsh tit* applicant IN hot s r_orporstlon)t ��' __C) an officer, dlrve'tor, partner, or employee of the applicant, or 1)) thn actual applleniA. I)PSCRIPTION OF 11PUATIUNS111t' SoU tied this day f4 99q I;r',1 nt nsma Douglas Rose v •� :I TgANght!TitlNhL p2l1CI.t/gUglt roam Toult MAN11I Douglas Rose (hamb namek r re name+ ;Male n a , unless rod sire a plyln{), ih the name el someone aide or other entity, euoh se #a company. Ir Otis Indicate Else other parson#e or company's name.) NATURK or APPLICATIUNe (Check -all that apply.) Tax grinvanca variance X Change or zoner Approval of plat 5xamptlon from plat or official map Other (If "other," name the activity.) D" you porsonell (or through four aonpany, •ponser erlbling, parent, or ehlid� have is i-dlatibnahlp .lith am1 ottldet or employee or theTown tat i o,ittholdl andlatlonship a iHdltided by blood, .anlage, er bo6tkoelaiatatobt. •bdr11tood Interest* means a bddinesMia° 1„ttiNdlnb a parinbrrh/aa. lid which the town Blear oef"plorve has even a pdrtlai ownership of (or employment by) a corporat'lon In which Lite town officer or'. r amploree owns more than sit tit the RIIACOe. , T RS NO �X_ Ir you Answered ■TRS,• conplate the balance or title form and date and sign where indicated. 11. Nnme of parson employed by flee Town or Southold Tibia or position or that person Doncrlhe the relatlonahlp betvean yourself (the applicant) and the town officer or at" Loren. Hither check the appropriate line A) throug6'b) and/or deserlbe In the space provided. ; Tlee town officer or emplo,yy so or Itis or her spouse# sibling, parent, or child is (check'a1I that apply)@ A) the owneir of greatel,i• than S% -or the teheraa of the corporate stock'df,;+thM a applicnt (when the abpllcant 1a a eorpornbion)j'' n) the legal or bensrl'clal owner or any Interest In a noneorporste entity (uhsh tit* applicant IN hot s r_orporstlon)t ��' __C) an officer, dlrve'tor, partner, or employee of the applicant, or 1)) thn actual applleniA. I)PSCRIPTION OF 11PUATIUNS111t' SoU tied this day f4 99q I;r',1 nt nsma Douglas Rose Endorsement The undersigned hereby authorizes Suffolk Environmental Consulting, Inc. to serve as agent in connection with any and all permit applications and approvals on my behalf. l / Signature IDate Sworn before this � day of,_�n _ 199 DQQff56-- W@- @009191C)a 600 @WMOBOW &p68,08 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 209 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, MAY 20, 1999 at the time noted below (or as soon thereafter as possible): 8:15 p.m. Appl. No. 4672 —,DOUGLAS AND AMY ROSE. A Variance is requested under Article XXIV, Section 100-244, based upon the December 3, 1998 Notice of Disapproval which states that the proposed addition at less than the required 15 ft. side yard setback at 500 Maple Lane, Southold; 1000-64-01-20. 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. The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: May 3, 1999. BY ORDER OF THE SOUTHOLD OWN BOARD OF APPEALS --- ----- - - GERARD P. GOEHRINGER CHAIRMANBy Linda Kowalski -----------------------------------------X T ra the Matter of the Application of S L (Names of Applicants) Parcel ID #1000- 6 z4 - I - 2-6 ------------------------------------------x AFFIDAVIT OF MAILINGS 19 'SpoCC 14, residingat Mf n.' Si-, /Jiomitu V t u,A-G, &, �i� rD(o L c`fi�l P t7� ��, New York, being duly sworn, depose and say that-. J On the / 0 day of M�'i ,19 ,1 personally mailed at the United States Post Office in Ep1 t - /otP� /V , New York, by CERTIFIED MAIL, RETURN OE1P'I' 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 0 Assessors, or ( ) County Ileal Property Office , for every property which abuts and is across a public or private street, or velcularht-of-way of record, surrounding the applicant's propel signature) Sworn to before nae this ,ZOda of '19 SHEEHAN tOF NEW YOU 3878 PFF l;mBl —cJ e ��� °� 0 m W 1- 0 E CD d > a m Coo o� N d N(0 o COL @� C CE sheet ®f pal ,qr, the lot numbers next 9s were ng aaled T j L mo ` cm a♦pf Z` CA L ' H LT LL iXd 7 d �^Q^ ai J , U) lL ca3 ami LL m y p •y .� o o` OL. U 2 =1 ob a U) 2 ¢o ® a 4661 11AV '®09C wjod Sd j i sheet ®f pal ,qr, the lot numbers next 9s were ng aaled T j L SCTM FirstName LastName Addressl city State PostalCode 1000-64-1-21 Maureen O'Donnell 540 Maple Ave. Southold NY 11971 1000-64-1-19 Warren Smith 320 Maple Lane Southold NY 11971 1000-64-1-14.3 Robert and Am Gammon P.O. Box 1838 Southold NY 11971 1000-64-1-25 John Rooney and Dorothy Phillips 57 Flower Ave. Floral Park NY 11001-2120 1000-64-1-26 Robert and Amm Pettit P.O. Box 78 Southold NY 11971 1000-64-1-24 Gerald Lan eller P.O. Box 976 U 'Southold NY 11971 1000-64-1-14.4 Almet Latson, III P.O. Box 1621 Southold NY 11971 1000-64-1-14.2 Bruce Fields and Phyllis Curott 71 Green St., 2end Floor New York NY 10012 I also wish to receive the follow- ing services (for an extra fee): i ❑ Atta i 13.4 i 2 m SENDER: Complete items 1 2 for additional services. I also wish to receive the ° Wdlr ❑The e '0 ❑ and/or rn ❑ mplete items 3, 4a, and 4b. following services (for an cC O . ❑ P nt your name and address on the reverse of this form so that we can return this extra fee): does not Receipt will show Article delivered. to whomt the 3. A article was low the article number i a rd to you. d ❑/ ttach this form to the front of the mailpiece, or on the back if space does not 1 ❑ Addressee's Address m , rite " � ❑Write "Return Receipt Requested" on the mailpiece below the article number 2. ❑ Restricted Delivery d ry U)ed. a ❑ The Return Receipt will show to whom the article was delivered and the date deliver' Consult postmaster for fee. g. C ® 3. Article Addressed to: C SD L�}u6 G! cG'i; 4a. Article Number D 3 Y 3& O !� , -ri 1 of (3 �o� 3 E �` l) Ga x ! 4b. Service Type w O sdO7WL.t �Y <<-r Certified � ❑Insuredw XE eceipt for Merchandis ❑ COD M 1 7.Iteffolivirg c � 5. Received By (Print Name) 8. A' re's Addre0s On if requested � W an CIO o o�� b 6. Sivat��(Addressee or Age �- PSIForrri 381.'�•,i December 1994 j i i i"4 102595-98-B-0229 Domestic Return Receipt y ❑ Atta i 13.4 i 2 0 Attach this s j° - ou "cress on the reverse rrn to the of this form so that Permit. front m ° Wdlr ❑The e OW ; ❑ TI c of mail we can return this 13 write • the piece, or Return Receipt Re °r on the back if s ❑The Return Pace cC O deli 3. e� 3 � Ar m ! does not Receipt will show Article delivered. to whomt the 3. A article was low the article number .a m = L Address delivered ed to: and the date � 4a. Article Numt �L C n V M00 , -ri 1 of (3 �o� 3 I also wish to receive the f Ing services (for an extra feollow- e): 1• ❑ Addressee's Address 2' Restricted Delivery U) I Q ® v k .Service Type �`�� 013 ir ® ® Registered ® `LTi S� U ri—Fv L \ / ❑ Express Mail Certified ! Retum Receipt for 13 Insured Z _111 tm S. Re rm 5. R eived 7. D Merchandise 5J I By. (i'Na e ate o very O COD g 6f y J 6. ature (Addy e r gETT�� 8 eels pa dJl s Add s (pniyiftequestedanc a S Fit PS F ortri 381 Ip iDeceiribeir.�7� E •;ilii- 102595- 99-13-0223 Receipt w ti 1-1 J,�- ZONING BOARD OF APPEALS TOWN OF SOUTROLD:NEW YORK --- ------------- --------- ------------x In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- � q - / - z -o COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, '�6�xf-u A,14U t*Sa � residing at M A t N S-. "--W Abd �?,` JOG e-tf ,P � , New York, being duly sworn, depose and say that: On the q N day of VN,V Q ,19M , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in pl ce for even days prior to the date of the subject hearing date, whicfiVaring date as sh wn t be (Signature) Sworn to before me this ,';F6 day of � � A Lo SHEEHAN (Notary Public) NOTARYPUBLIC, STATE OF NEWYORK � No. OISH6013313 COMMISSION EXPIRES SEPTEMBER SSA 100 *near the entrance or driveway entrance of my property, as the area most visible to passersby. Anc( lZb, 1 permit -to I dwelling, Bu siness Shop for!. ti6nal. use posed A- 5-1 " 4 pi P, C in Property:' NY' 1000-, request :: Article 11 a, substa Village L tuck, N) 122, feet The Mar, approvitl Code A: merges tl to the W( Main Ro 06-03. Th 77�h iW , th e - sm, 7:05 MARILI iequest f XXIV,:.S( the Wj Disapprc struct'-6 front '81P cation of lot locaft Drive an Road, 0 E_RLQ k_dIN,.:Th under "'A 1999` N� .'approval . MAY 20,1999 L;UULOL BY GIVEN -jequest :-t e� a 0 7,,t :applications' i a n Its s _1111 a ct an f cit e: Fj-,gs soon tnerer A 6','4685 VIN - its:; is a request 7..'55 p.m----,,,Ap D'��'##693 — L. 4'-`4oning Code pprr�i 1 Sectidii addition, ion- the Octob6i builti!1IN , &y.Disipprovil isfing x;-1999) re6id- porch), , w gift:j6ip) is pro-'-'. the area,6f :with applicaht Is, � ut .1 I ., disapproved, �ry, etail sales and a 1 .1 7:45,,' ?FCHRISI viewing in the MARIE a permitt6a,; quest.fo .0.6t npC Locaticin.:of::- -4687, a re- rEELt�'.this is A' ,fboo ,q isappri No. 4686 �ittuci STACEY ,front •yt Disapproval, for.permission to con- required strict deik whi'h;;"'P""� thin ic 'is,.pro.-Ose W1 itdd, approximately �r ArticlwX, Section 7-19.8.'_-_-__.__' bon tfiq."(j'r ,tober 20, 7..'55 p.m----,,,Ap D'��'##693 — L. Disa-0" pfqyal for a '_TRAPID( masRa-request for a part otb existing -Variance based,ii0o,dig Decemberoprov6aff."hi this .13 .7 J, i9,98 Notic"e..76i"'t)i'sa--pp'roval, .DistAct,',h"r a Gift , Article for. -ason tfi it an adds -a w gift:j6ip) is pro-'-'. -(decka'ii&6xistiQ sfofa]j&,buildirig) area,6f .; wtucii",will t"g'l`�Iqve side - Panel 1600-11 . at12O5 -yardtwid of fdaj )k use)' o cation of Caiii�gta,., Road� �'.C- Ubh* NY - WILLIANIJ.' _§gue ' request for `S .05- 0.'Im,694 pp -4687, a re- rEELt�'.this is A' -ce , jLbf ,waiver under xxift, Sectioii��tA-0,1,139:411 , - based in 1(10=26; regarding upon th-Marc ofice of 'lot*- kn6wn -as 275 Disapproval, for.permission to con- ;est,`si'de);:-at Matti- strict deik whi'h;;"'P""� thin ic 'is,.pro.-Ose W1 itdd, approximately 75 feet of eiistifi " Q I g, Whead, at 625 &`the Main Road. Wood Lane,Parcel 1999 Notice of Dis- 1000T86- ;12 the Zoning 8:15 72 f1;'_:Secti6n 100-25 -DQU0 ...... Witlf;dn.adjacent lot 1.',Variancej '.-reArticle i&,frbnis--along the XXIVj Section 100 244sbased upon :ratified' as`1000-114- the � -Deiceiiibei btice of n •Tial. that t the .qn j,,:prqpose ,a s h h 5 ant e" Mips,gyri ,', 600,114- _Ke4qr!dd i5� ft.,; 440-"_4�r setback at R 5N....'500-,1000 Maple:La'nc'i'-§#ithjld- -64- Principal Clerk is� a 8-20 P -,M, i,�`_'4673 fi-an 'c"' u `!J'� JCikN-(HANS)L"-M6.�.",A�Variance 10 2�_ "'d f j Eation in a F, -.is-requeste p. 99 9 frdnt,4ard,,c uft' ev!�' Vticle IIIA, p e A 4 S pa, - -i ec ; ti - --,100'39'k, .upon a k 5, �vit h --1"`_4a4-, r 'q9RT,',, � -, 4%, y;�*-_�4,,,,--- Ptic e of cks. Lo- .1 a corner.-,,, 1 of Beebe" 8 f Wilson :e1,1000- S Ili ,Section, 400- 1000-4231.04-4 the Jariusiy 21, A 66 is, j6vai, -for MICHAEL.�' dilit'6f"as built" i. 66hiyards at "Maridii,-N.-Y;'�'4,'-"'Sec'tion tir East 100-3 -A Dt.-GERALDINE _K 4690-;— Istinj bairn;bii RD&'4This, is- a - 26491 Mam"NI lariance Article Panel 1600-11 i�'2_44.,b_ased upon 8:50,.#;m';J-, 0W4,Notice of WILLIANIJ.' .irthissAon to con- ' request for ihiol,T.vill,have an XX1lV.4S6ctioj Vird.!setback-,, in Fdbruary'_,V.. - ka"ii6e ` Lane,.. Disapproval; 0 1432rU. r> _'46911L new-,dw6lopg, i, says that he/she i I TlAffiS, rom t4teoK", t fshed sgpprQyAi, tor -a !tin ictsi&nd-story so '14as balcony and ick -(most o ex -;,i -V be ' or former be 100 feet - -he is than the 15 Ho'r*s 1699-ITMY6 FRIEDMAN. RE12, 99 ono -19 0 0 -etumulative 95e at -1figoddiflon �Diivei�'Mattituck;. IV , . . M4 ,". spl: No 4700 — -A Dt.-GERALDINE j,Wta -request for a III -A, .44'for-_I-permit to PreeX. nt;in t side yard at 'd;',z_'C-6i6ogue, NY; . 1. . I IT,.,. - 4695 4WE-�,49.tThis is a tancetiWer"Ahicle i of Mattituck, in sail Q=_;!bAttd.onthe -- 64_,446tice W i, says that he/she i M� t to4ocatel, .dwhich is'SUFFOLK TlAffiS, rom t4teoK", t fshed at Mattituck, b 0: 1 Bay. 'ounty of Suffolk an, iat the Notice of whic] PPe B -at -said-' earatey,;ai►a•a.lper copy, has been regu it -t. Aves4. 'ring to 6 '-Oplicatioas 1"& Newspaper once eac. �V�Wj; ftaternents weeks supcessivell ge _,,png. Each C18 0tait,arlier than -, ANW f'�"46:44ayllable for, n •Tial. 'You. 0 hesi- Uj Principal Clerk PEA FYGOFLHRINGER RMAN 19 Y_inKowalski MARY DIANA FOSTER -440TARY PUBLIC, STATE OF NEW Y NO.52.4;655242, SUFFOLK COUP COQ MIISSIONI EXPIRES AUGUST 31, OFFICE OF ZONING BOARD OFAPPEAL5 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 May 3, 1999 Re: Chapter 58 — Public Notice for Thursday, May 20, 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, 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 5/12/99. 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 •� 1 [�l ��l �:I = :TMwel'amml =10101: 0 FOR BOARD AND STAFF USE U dated New Information NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 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, APRIL 22, 1999 at the time noted below (or as soon thereafter as possible): 6:40 p.m. Appl. No. 4672 — DOUGLAS AND AMY ROSE. A Variance is requested under the Southold Town Zoning Code, Article XXIV based upon the December 3, 1998 Notice of Disapproval which states that the proposed addition does not meet the requirements of Section 100-244 for a required 15 ft. side yard setback. Location of Property: 500 Maple Lane, Southold, NY; County Parcel 1000-64-01-20. The Board of Appeals will at said time and place hear any and all persons or representative desiring to be heard in the above application or desiring to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: March 30, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By -Linda Kowalski April 1, 1999 Re: Chapter 58 — Public Notice for Thursday, April 22, 1999 Hearing ®ear 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 newspaper, the Town's official newspaper for 2/1999-2/20000 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 reap or sketch showing the new location with the setbacks and use noted. Send this Notice, as soon as possible, with the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well® Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than 4/14/99. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your ' Affidavit ' of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly° it may be necessary to postpone your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, r Southold Town Board Appeals -4- April 10, .980 \C7HAMAN: buildt certainly doesn't have any sideyard. This is the only sideyard he's got there. Therefeet. And there's a little more sideyard here, than -with this, MEMBER TUNJiILL: That was purely curiousity. MEMBER GOEHRkNGER: I'll second the motion. After investiga ion and inspection, the Board finds that the applicant is request1 approval of insufficient area of proposed Lot No. 6, containing\withthe tely 21,797 square feet, and insufficient width of Lot No. 6, having 99 feet fronting Mount Beulah Avenue. finds that the unusually large brick barn building ondoes lend itself to conversion as a residence and to applicant to continue its use as a barn would cause exticulties for applicant. The Board also finds that. e similar size lots in the neigh- borhood, and does agree easoning of the applicant. The Board finds that the circu stances present in this case are unique, and that strict applicat n of the ordinance would produce practical difficulties or unne essary hardship. The Board believes that the granting of a vNriance in this case will not change the character of the neighborh od and will observe the spirit of the zoning ordinance. On motion by Mr. Grigonis, seconded by. Goehringer, it was RESOLVED-, that CLEMENT W. BOOTH, in Appeal NX. 2680, be GRANTED approval of the insufficient area and widt of proposed Lot No. 6, as applied for. Location of Property: 1750 Mount Beulah Avenue, uthold; bounded north by Sound View Avenue, west by Mount Beulah Avenue, south by Koch and North Road, east by McGunnigle. Tax Ma Item No. 1000 -51 -3 -part of #2. Vote of the Board: Ayes: Messrs. Grigonis, Tuthill, DoyN • * 9c % PUBLIC HEARING: Appeal No. 2678. Application of RICH- MOND S. CORWIN, Box 927, Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of parcels to be established in a subdivision. Location of property: 500 and 540 Maple Avenue, Southold; bounded north by Smith, west by Latson, south by Terp and Latson, east by Maple Avenue. Tax Map No. 1000-64-1-20 & 21. A41,94 Southold Town Board of Appeals -5- April 10, 1980 The Chairman opened the hearing at 7:49 p.M. by reading the application for a variance, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was - made; fee paid $15.00. - --- CHAIRMAN: The lots would have 31,370 and 31,485 square feet. Many of the lots across the street and in the immediate vicinity on this side of the street or close by are quite a bit smaller. Is there anyone here that wishes to speak for this? Mr. Corwin, do you have anything? MR. CORWIN: I think the statement covers my problem. It was bought primarily as an investment to be used when we needed it and this way I would like to say I own property when there might be a time when I might need that money real badly. MEMBER TUTHILL: A lot of lawn to mow. CHAIRMAN_: Thank you•, Mr. Corwin_. Does anyone else have any- thing to add? Is anyone opposed?_ (There was no response.) I - guess a resolution is in order, unless someone has some questions. MEMBER TUTHILL: Since with the division, the two parcels, one containing the residence and one being vacant would be in keeping with the average size of the lots in the area, I see nothing wrong with the division. I recognize the hardship, and offer a resolution that it be granted as applied for. After investigation and inspection, the Board finds that the applicant is requesting approval of the insufficient area, con- taining 31,485 square feet and 31,370 square,feet, and approval of the insufficient road frontage, having 120.00 and 123.29 feet respectively fronting Maple Avenue (private street). The applicant states that these lots were separate originally until the death of the applicant's wife, and "merged ownership" of the lots was not intentional. The Board agrees with the reason- ing of the applicant, and did find many lots in the immediate vicinity to be similar in size to that proposed. The Board finds that the circumstances -present in this case are unique, and that strict application of the ordinance would produce practical difficulties or unnecessary hardship. The believes that the granting -of a variance in this case will not change the character of the neighborhood and will obsPrczthe spirit of the zoning ordinance. On motion by Mr. Tuthill, seconded by Mr. Doyen, it was RESOLVED, that RICHMOND S. CORWIN, Box 927, Southold, New York, Appeal No. 2678, be GRANTED a Variance to the Zoning ordi- nance, Article III,,Section 100-31, approving the insufficient area and width of Lots 1 and 2, Maple Avenue, Southold, New York, as applied for. Southold Town Board of Appeals -6- April 10, l_ -_J Location of Property: 500 and 540 Maple Avenue, Southold; bounded north by Smith, west by Latson, south by Terp and f' Latson, east by Maple Avenue. County Tax Map Item No. 1000-64-1-20 & 21. Vote of the Board: Ayes: Messrs. Grigoni_s, Tuthill, Doyen and Goehringer. Absent: Messr. Douglass - On motion made by Mr. Tuthill, seconded by Mr. Goehringer, it was RESOLVED, to approve the minutes of the March 20, 1980 Meeting of this Board. Vote of the Board: Ayes: Messrs. Grigonis, Tuthill, Doyen and Goehringer. Absent: Messr. Douglass. N.A BEEn Road, Cutchogue, New York (account of Dennis R. andBannon), for a Variance to the Zoning Ordinance, ArtI, Section 100-31 for permission to construct addi- tioinsufficient frontyard setback. Location of property: C ner of Hamilton Avenue, Mary's Road, County 4, Road 27, Matti uck; bounded north by County Road 27, west by Swiatoccha, s uth by Hamilton Avenue, east by County Road 27 and Mary's Roa Tax Map Item No. 1000-140-2-1. The Chairman opene the hearing at 8:00 P.M. by reading the application for a varia e, legal notice of hearing and affidavits attesting to its publicat'on in the local and official newspapers, Notice of Disapproval from he Building Inspector, and letter from the Town Clerk that notifica 'on to adjoining property owners was made; fee paid $15.00. CHAIRMAN: We have a copy of th survey showing the proposed addition. Is there anyone here who ould like to add anything to it? SIDNEY BEEBE: There is really no othe place for it to go. Like you say,'this is all front yards. In e back yard is his driveway and parking, so I don't know where e e it could go. If you went near the County Road, you would mor or less be blocking the corner of Mary's Road.—end this is very lightly traveled road -Hamilton Avenue. CHAIRMAN: Looks almost like a private, dead-end roil or something there. NR. BEEBE: It is, more or less. I believe it's only one\ way, right. You can only go into it from the County Road. Y