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HomeMy WebLinkAbout467931 •Rogcru, Jon & Jockic s -92-20__-M--a-i n Rd E. M a r i n n —4— V s r i __ 4.____. 1/ari ancP - rear yarn SP1:hac-k-1 .e APPEALS BOARD MEMBERS Gerard P. Goehringey Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning o�OgOFFOC�-Co� y` 0 Carn = y !*C� BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS and DETERMINATION MEETING OF MAY 5, 1999 Appl. No. 0-11— JON & JACKIE ROGERS PARCEL 1000-31-8-4 STREET & LOCALITY: 9220 Main Road, East Marion DATE OF PUBLIC HEARING: April 22, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: Applicant's property is a comer lot with frontage of 122.92 feet along the south side of the Main Road and 146 feet along the west side of Bay Avenue, East Marion. The lot consists of 17,200+- sq. ft. and is improved with a single-family 2-1/2 story frame dwelling situated 4+- feet from the easterly front property line along Bay Avenue and approximately 52 feet from the front line along the Main Road. BASIS OF APPEAL: March 2, 1999 Notice of Disapproval which reads as follows: "...Under Article XXIV, Section 100-244B, Nonconforming Lots. Lots with areas less than 20,000 sq. ft. shall have a minimum rear yard of thirty-five (35) feet. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Applicant -contractor has submitted a sketch, made from a copy of the May 20, 1991 survey map, indicating a proposed 17 ft. x 18 ft. addition at the southwesterly side of the dwelling, with a proposed setback at 23+- feet from the rear property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the property has two front yards and a limited remaining rear yard as a corner lot. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the lot has two front yards and limited yard area which is defined by the Code to be the only rear yard. (3) The requested area variance is not substantial, and substantially conforms to the code requirements for a setback of principal structures if the lot were not defined as a corner lot with two front yards. (4) The difficulty has, in part, been self-created relating to the applicants desire to build an addition, and otherwise is due to the location of the lot on a corner (two streets). Page 2 - Appl. No. 46-79, (J. Rogers) 1000-31-8-4 (5) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems the grant of an addition at the westerly rear yard to be the minimum necessary and adequate, while preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer , it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent - excused.) ----7 5ERARD P. GOEH For Filing 5/7/99 j ELt BY S' 7- 9y Article XX111, ecnon Lw•%1r.40 and Article II uon i'00r 0A 3, f ' 8:00 p m , Ap@11+ No: 461' N based upon t ,,sbruary't 1999 ,ANTRONYn HUbHES andit -Notices of Disproval whtgh state ,SAN'S . - Variance, that the proposed rased hu �patto � "quesredjxised u is less than 75;feu from ilkheid 199.9_Nopce,, of,Hisappriava'l and will, an X20% lo[ coverage states that undei4Wr Artteie--X Location of ',Property: 325, Bay, .4.,5c {ioa 10(,244Bzji& regntce de ad, . Shore Ro: GreenporP ` yard for lotpwith &acce;as County ParceL1000-53-6-&tai. ft .minimum ande(ar total-r�,*� r Disapproval -which states that the r?` ance i deck is proposed to be locatedwith ' '.. 100-22 in 75 feet of,. existing, bulkhead-';,. additi Location of Property: 610,.Jockey. -� amem Creek Drive, Southold, NY Parcel' - Matct No. 1000-70,5-11: ;.. '. than 7 7:05y p,m. ­Appl, ,No. 4665,.: .;1, head FRANK RAYNQR: ,A.>Speciai,� South Exception is 'requested. under.. Ar-,'. Tht ticle 11l, Section 100.31,8`(14) II fof:.l time;a approval ofF;ucessory ,ApattntMk, sonsa Use in applicant's-exiS. ing`residence,;t' heard at 3370 Wickham.- Avenue, �;;..; desirii Mattituck, NY; PaiceINo.1(104-107 -,,, :.mems 9-15. - hg*ii 7:10 p.m. App[. Nm 4676. —.',- desigr, ALSFBT PALUMBO' Variances -,ye `the*`SowholdIT reviev are .requested' under busi t Town: Zoning Code, Article XXIII, have.i ' Section 100-239AA(1) and= tate ti ,Article"?" XXIV, Section 100-244�.based uponl^, Datec two January 121 1999 -Notices of- ' G>rR� 1658-1TA8 LU 1V1T V [ i S of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TR -AES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published said Newspaper once each week for weeks Qsuccessively, commencinf on the' day of f�O'r�19 � ,,, 1 0� � W lD Principal Clerk Sworn to before me this day of 19 :1niMARY DIANA FOSTER YORK �QN� Fs55RUOF NEW FOiY a ExPIR TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: March 2, 1999 To: Jon & Jacqueline Rogers, trustees 9220 Main Road, N.Y. State Route 25 East Marion, New fork 11939' PLEASE TAKE NOTICE that your application dated February 10 , 1999 For permit to Construct anew 18's 17' addition for an existing single family dwelling at Location of Property 09220 Main RoadgRoute 25 East M an oe� New York 11939 County Tax Map No. District 1000 Section 31 - Block 8 - Lot 4 Subdivision: Filed Map No. Lot No. Is returned herewith and disapproved on the following grounds: Under article XXIV Section 100-244 Nonconforming Lots Lots with areas less than 20 000 square feet shall have a minimum rear yard of thirty five (35) _The proposed rear yard setback is indicated as twenty three (73'+i) feet ruga i)c INSTRUCTIONS a. 'Ibis application must be completely filled in by typewriter or in ink and submitted to the Building Inspector"wi 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 vast be drawn on the diagram which is part of this application. c. Time wrk covered by this application may not be commenced beforeissuance of Building Permit. d.' Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be_kept an the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy sball have been granted by the Building Inspector. APPLICATION IS BROW MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the lbws of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinance 3, building code, housing code, and regulations, and to admit authorized:inspectors on premises and in buildi r necessary inspecti (S' CuKfi��app*lic'a*n"t*,f acorporation) .. !� ....��, r1'rco�.c A/ /Cf .... ............. (Mailirg address of applicant) State whether ..........i � cardritect. e........... ` �` � ] {}1U ,6 � Idem ............. applicant.. --y`— ager engineer, general contractor, for electrician plumber or bum.... Name of owner of premises _.......�! ?�.. �,. �f':i:................... (as an the tame roll or latest deed) f AC fC O If applicant is a corporation, signature of duly authorized officer. G o attil Qi— .................................................. (Name and title of corporate officer)_ 1J Builders License No. y1 yl! r/ 3Z/y Plumbers Lice No . ......................... Electricians License No ...................... S Other Trades License No . .................... 1. Location of land on which proposed work will be dam ............... ............ 2h .............. %��:fi�!!.. we ........................ F f. y✓./1�.......................:.. House Number Street Hamlet l Canty Tax Map No. ]ODD Section ..... ..!....... Block .....9 .ffyy ........ Int .......,r1 ._.... Subdivision ...................................... Filed Map No ................ Lot ............... (Name) 2. State existing use and occupancy of premises and int use use and occupancy of proposed construction a. Existing use and occupancy ......1n1[2!!F .7'.Gtktd %{/ ...Gf(�t1Gl1l................................. b. Intended use and occupancy ......,J.......... FORM NO. P PWtt3\U VP lTCt4LiLL SETS OF PLANS •........... TOWN OF SOUTHOLD �—JURVEY ........ ......... .. BUILDING DEPARTMENT CHECK ......................... TOWN HALL SEPTIC FORM ................... SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: CALL Rmined ................. 19..,. MAIL TO:.................... Approved ................. 19.... Pend t= -No. .::.......,...... ................................... Disapproved a/c Aq yRq S k L q`f "" - , ................................ (Building Inspector) JJf tt ;J APPLICATION FOR BUILDING PERMIT ryry 4 ` Date ... ........... . 19 ruga i)c INSTRUCTIONS a. 'Ibis application must be completely filled in by typewriter or in ink and submitted to the Building Inspector"wi 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 vast be drawn on the diagram which is part of this application. c. Time wrk covered by this application may not be commenced beforeissuance of Building Permit. d.' Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be_kept an the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy sball have been granted by the Building Inspector. APPLICATION IS BROW MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the lbws of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinance 3, building code, housing code, and regulations, and to admit authorized:inspectors on premises and in buildi r necessary inspecti (S' CuKfi��app*lic'a*n"t*,f acorporation) .. !� ....��, r1'rco�.c A/ /Cf .... ............. (Mailirg address of applicant) State whether ..........i � cardritect. e........... ` �` � ] {}1U ,6 � Idem ............. applicant.. --y`— ager engineer, general contractor, for electrician plumber or bum.... Name of owner of premises _.......�! ?�.. �,. �f':i:................... (as an the tame roll or latest deed) f AC fC O If applicant is a corporation, signature of duly authorized officer. G o attil Qi— .................................................. (Name and title of corporate officer)_ 1J Builders License No. y1 yl! r/ 3Z/y Plumbers Lice No . ......................... Electricians License No ...................... S Other Trades License No . .................... 1. Location of land on which proposed work will be dam ............... ............ 2h .............. %��:fi�!!.. we ........................ F f. y✓./1�.......................:.. House Number Street Hamlet l Canty Tax Map No. ]ODD Section ..... ..!....... Block .....9 .ffyy ........ Int .......,r1 ._.... Subdivision ...................................... Filed Map No ................ Lot ............... (Name) 2. State existing use and occupancy of premises and int use use and occupancy of proposed construction a. Existing use and occupancy ......1n1[2!!F .7'.Gtktd %{/ ...Gf(�t1Gl1l................................. b. Intended use and occupancy ......,J.......... 3. Nature of work (check which applicable): New building .......... Addition Alteration .......... Repair ............ Removal .............'Demolition ............ Other Work .................................. (Description) 4. Estimated Cost .. j .......... ................. fee .. ......................... (to be paid on filing this application) 5. If dwelling, number ofdwelling units ............ Number of dwelling units on each floor ................ Ifgarage, number of cars ...................................... 6. If business, commercial or mined occupancy, specify nature and extent of each type of use ...................... 7. Dimensions of existing. structures, if any: Front .... 9s........ Rear .... Jq........ . Depth ..:js.......... height .................... I.... Number of Stories .....°Z.........••.... , Dimensions of sane structure with alterations or additions: Front .... ......... Rear ... rG�r �........ Depth .......?.5.......... Height .................... Number of Stories .... aa,........ 8. Dimensions of entire new construction: Front ..... ........ Rear ... �,?........ Depth...!... i Height .........6 ............. Number of Stories .....I ...1............ /�,�yf(�� �7 77 9. Size of lot: Front ... (C�r!.'.. � J.. .. Rear .... V. A6 b .... Depth .. '• 1023 _ 10. Date of Purchase ..................... Name of runner Owner ............. 11. Zone or use district in which premises are situated......................:........................................ 12. 'Does proposed construction violate my zoning law, ordinance or regulation: .... A1(J 13. Will lot be regraded ..... 9P.—.....�... pp . Will excess fill be removed O from premisse,St. YES NO 14. Names of Owner of premises ...,C�iru. Ml ......... Address 701A.. 7a?.I�! 9; ... Phone No. Naue of Architect .................... Address .............................. Phone No..........,.... ....�j......./.�.... r Name of Contractor ..K!-� :.1112!zt .................. Address !: il.-...�'b �C f%K:1:�� ..........Phone No.. 7d I pr �c�- ............... 15. Is this property within 300 feet of a tidal wetland? * US .......... NV .. .. *IF `IES, SWMD TOWN TRUSTEES PM4rT MAY BE RFWREb. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate; whether interior or coiner lot. «tiiS AM a5� t8 5� 1 i SCAlr OF NV Y�U^RE ( COONIY OF ..1.d4: c! 1p...j........ &4 I nad(1( r�u . /fit.. �;.(!. .�C......�....................... .beiVng duly sworn, deposes and says that be, is the applicant ...... . (Name of individual signing contract) above nwW, He is the .... ............................................................................................. (Contractor, agent, corporate officer, etc.) of saidowner or owners, and is duty authorized to perform or have performed the said work and to make and .file this application;, that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the sooner set forth in the application filed therewith. Sworn to Wore me this nn / ..............day of ....`ev.... y .19........ Notary JUt4EAMNI D.?..4RZcmECK, I` nary ?uCfic. S!ata of New York f�0. 0953037 Quaitffed in S::ffulkCoun ty -Enires :isms .................. (Si of A Brant) Z TOWN OF SOUTIIOLD, NEW YORK APPEAL FROM DECISION, OFBUILDINGINSPECTOR TO TI IE ZONING BOARD OF APPEALS, T I, (We) .......................... Tclut �Zo rs _ MA 1. 1 1999 9` 74wq Clerk aced APPEAL NO. V6 pp_�z ?" $ DATE .... ..j. r.�. ......... ....................... Nome of Appoilon Street and Number t%?kYtl1�D ......... ......... ........... �.,.....»..»...HEREBY APPEAL TO Municipality Stoto TIME ZONING BOARD OF APPEALS FROM TI IE DECISION OF THE BUILDING C}INSPECI'OR Orl APPLICATION FOR PERMIT NO ..................................... DATED .... »,( �...... ? .i ....................... WHEREBY THE BUILDING INSPECTOR DENIED TO ... ..__..�...» .................. nn Name of Applicant 'for permit e of �7 (] I-iPnril" "n -c- toe chill C' /° y ......... ........ ...T .................................... P ....Y ......................... ...................... Street and Number Munici otic Sta e ( J PERMIT TO USE ( ) PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY...... l.aao...... �%%Q�".:...r0i vr-I �,Ni C ✓/ Street /tlalnfeC / Use District' on Zoning Mop District 1000 Section 3/ Block , Lot Z% _.......»..» ...»_. ........Current Owner Th Map»No.� Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by nu^Jtber. Do not ciliate the Ordinance:) � Article YYIV Section 101)-9'141 KeLpe4z-P ,9 R� ,-.)c„ „",,�'Y". Ah D 3. TYPE OF APPEAL Appeal is made herewith dor (please check appropriate box) (jai A VARIANCE to the ZoningOrdinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chap, 62 Cons; Lows Art. 16 Sea 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal -(has) V!2Lnqfi been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No.................................Doted............................................... ....................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection. 3 (,t') A Variance to the Zoning Ordinance is requested for the reason that Form Zt)t (Continue on other side) �'� �� ��5i r //��' �t fly >f✓� ' � °? s� REASONS FOR AREA_ VARIANCE ONLY (to be completed by applicant Do not use these standards forvariance".or ".,specs l 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: f✓lime'/%�� 1�vr%% g'�n�r�, ��1,,�f�/ i/�d`� i 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: 3. The amount of relief requested is not'substantial BECAUSE i 4. The variance will NOT have anadverseeffect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE 5. Has the alleged difficulty been self-created? ( ) Yes. f (�) 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) (Applicant) Agent must attach written consent from owner. f Sworn to before me this day of -Ma&"4_L 19 99 huG '� xx?•Y Ytis 9[S]C�]['!Y'lT;SS UNDAICOOP3R xtl K/ form. varltemn Notary public, State of NewYo(k No.482256% ewe 3 0z --Z e �1 - - Term Ems' ►� COLOR o t TRIM //v tIIN a `l i - S i ly M. Bldg: X, ,S ;. Foundation </7�C� Bath Dinette Extensioh 1L/0 Basement — �/ Floors GLI �j K. Extension7 a �L- ,\//�' _ �S'Z- Z-,010 ©o Ext. Walls _ Interior Fihish ��<c�` LR, Extension _ >n aS(7 S % . Fire Place I�l�_. Heat DR. Type Roof _ ,, ,�i°t Rooms 1st Floor BR. Porch - r 4° I t Vit. d Recreation Room Rooms 2nd Floor /- FIN. B. Porch /1 G�Z% i7,rYe ✓r Dormer Breezeway X ' ��1 rt t4d` Driveway Garage KiyCtL �Z3 r- Patio _ V17 --- O. B. /Total I l 1 l s. y Mow l''1 .w+r 44 r p z A�® f Q u MIN j `l 3 i & MiskaH„: 5ca1s ; 40`- 1” MAP OP' LAND vjgve p FOR JON 4v JACQUELYN POGF-C2- Aqr EAOT MAUION Towµ Or �Y�pc,a,NY GNtivpn+iaw'j 40 ike 040%0 Tibia Oirv.• GNimago 7ifla lnfuvat" Co. A'to +044PkillipsbWYq Ma4a4ta) 0&"k 41 7Yust CO. OS awrvc. J ryw4r-O'I I VAN Tuve. A S*" V.. */e..... T Llcanaacf {.twin, YyCyar� COUNTY OF SUFFOLK ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE l PHEN M JONES, A.I.0 P. DEPARTMENT OF PLANNING I 6FP NING May 20, 1999 ;� �, == _ .� I /ni'r',I 1 2 41999 Town of Southold t Zoning Board of Appeals; - 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) Mortimer, Patrick 4636 Boyle, John 4655 Raynor, Frank SE4665 Henry L. Ferguson Museum, Inc. 4671 Hughes (Anthony) & Hulme (Susan) 4675 Basilice, Vincent & Linda 4678 ►Rogers, Jon & Jacqueline 4679 Terry, Raymond & Barbara 4680 Hughes, Michael* SE4681 Campbell, Virginia 4683 Tully, Shawn* 4684 *With the understanding that premises will be developed consistent with appropriate mitigation measures, particularly as set forth by the Zoning Board of Appeals. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GN:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P O. BOX 6 100 ■ (5 1 6) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 8'53-4044 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Adminis otrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Carmission: 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: 4679 Applicant: Jon & Jacqueline Rogers Location of Affected Land: 9220 Main Road, E. Marion, N.Y. 11939 County Tax Map Item No.: '1000- 31-8-4 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X 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 r 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 Rear vard setback opies of Town file and relate Dated:A�, //, 1999 ocuments enclosed for your review. APPEALS BOARD MEMBERS , , Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. Peter Heard P.O. Box 356 Peconic, NY 11958 BOARD OF APPEALS TOWN OF SOUTHOLD May 7, 1999 Re; Variance Application for Jon and Jackie Rogers Dear Mr. Heard: 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 May 5, 1999 meeting. Please be sure to follow-up with the Building Department regarding the next step for issuance of a building permit and any other agency approvals that may be necessary before commencing construction activities. A copy of this determination has been furnished to the Building Department for placement in the building permit application and update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department Mr. and Mrs. Jon Rogers Original filed on 5/7 I E JON AND JACQUELYN ROGERS 200 BAY AVENUE, BOX 788, EAST MARION, NY 11939 516-477-9522 FAX 516-477-5013 e-mail JROGERS214@AOL.COM --- March 7, 1999 Mr. Peter Heard PO Box 356 Peconic, NY 11958 Dear Peter, We hereby authorize you to represent us regarding obtaining a permit for an addition to our property at 9220 Main Road, East Marion, New York Thank you for your prompt consideration of this matter. Cordially J Rogers 1 E 1 ELIZABETH A. NEVILL.E TOWN OI[..ERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ®IFI1d EC E OF THE TOWN CLERK TOWN OF SOUTHOIL D TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: March 11, 1999 Zoning Appeal No. 4679 - Jon & Jackie Rogers Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RE: Transmitted herewith is Zoning Board Of Appeals Application 4679 - Jon & Jackie Rogers. Also included are Notice Of Disapproval, Applicant Transactional Disclosure Form, Z.B.A. Questionnaire, copy of local law, copy of Area Variance Ammendment, copy of Survey, Application For Building Permit and copy of plans. �ur l�i�y Do not use exception." _1V a "1 64, /v/- a M ase standards for "use variance- or -special (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: �. 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. y 3. The amount of relief requested is.-not•substantial BECAUSE 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE / IoAge 5. Has the alleged difficulty been self-created. LJ ( ) Yes® (,?�) 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) (Applicant) Agent must attach writ consent from owner. Sworn to before me this 5�1_ day of `m � / 19 9� KF**F9CFFRRRFFFFFRFF rxtlk/ form. *Jar®temp RiT LINDA I COOPER Notary Public, State of NewY9k* No. 482 be�Co�-unty10 o V Term Exp' December Page 2 - Appl. No. 4590 (1. Rogers) 1000-31-8-4 (5) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems the grant of an addition at the westerly rear yard to be the minimum necessary and adequate, while preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer , it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS. This Resolution was duly adopted (4-0). (Member Horning of Fishers Island was absent - excused.) _----�7 ; ���7 O SERARD P. GOEHRING For Filing 5/7/99 Aor'-wrl'oo qlc) �t�j?"j''O . l % U "_K l9 � 0 i7t BION X y � y •'�� W��/ Con%c� ur7rvsr. �/o �.r�:tet -�4 Lc 6,411 �<,, Lhnw P7 COZINk7 r- F%ar Z�(3a . FOA1 c� } ems_ 02 X� �D[!y, �r mists - � � _- - -- • � %' w /�0 , �r �� � (6" D.c S <<cij ��'f-- - it k f C C,4 Aw- A16-1V 12491�-faf✓ l7-D"x l =o" ADoifi/o,4 fi is �l% Gv l.�f1Lr e "/ Addb ON �,'iIIG�L'i�' �lN�fs ��•®,��ISNJ sr�IlS�r����G1' iC � ` �(�l l -- 011fAl 1Z F rAl- i 1A �oar- AW L I L-Ortl Aof-na� q -j ti Lo> 6 H, 3- dx r Al �D�a�IrLS Awl-ri'm) O "x l �' 0 �x y • �� Fri W�// Cori?, arrrvv. .?// /u�r�•- Sc Dou, �r. G✓kll Z�ilu�LAROA/ C17 CGL/NLS 11%4pr-i 3UA4776M ;2.r ID AAO /R5 5/8" AW F 19IM-r tA14 001R,61) APA617 ted, DOWiV 41OCIN11 JOSEPH FISCHETTI, JR. - PROFESSIONAL ENGINEER Hobart Road SMA014MY.11471 r 1/ J -- t '011 I Ll 9buv(, ii t mists i auI A, fir 1)7, 4 a uniD, ioN 414AI l 7WON- =0" x / g eN4r 1A) lb Solt gP�� ��,-�,�,'r� �eaor F JOSEPH r-iscHET'B, JR PROFESSIONAL ENGINEER HobarF Road 4<1—f- OF "ew ,.o �QN FISCH,4 T� 'o, t L 052510 z c� Oxy 0 73k ')06.k f4 /� , I stypor� u tjqt,, eAl -Z Ox 10) * rrDyh I/Alril/ —211 .- /,^ j, JOSEPH FISCHETTI, j1T. PROFESSIONAL ENGINEER Hobart Road Southold, N. Y. 11911 OF NeW fisc ?D cl 0 V L S d. 1O6`ll`y AI rc r• FOR FILING WITH YOUR Z.B.A. APPLICATI®N C. Are there any proposals to cbange or alter land contours? { } Yes {X} No D. 1. Are here any areas which contain wetland grasses? AfD 2. Are the wetland areas �hown on the map submitted with this application? 3. Is the property bul3kheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas® have you contacted the off®ce of the Town Trustees for ins determination of jurisdiction? AZA l v APPLICi' �. TRANSACTIONAL DI:, SURE FORM The Town of Southold's Code of Ethics prohibits conflict interest on the part of town officers and employees. Th purpose of this form is to provide information which can alert the town of possible conflicts of interest and all it to take whateven action is necessary to avoid same. YOUR NAME: k q (Lasname, first name, middle initial, unless ' you re 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 activity.) _ Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business 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 V/ 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 S day of�-199a, Signature Print name �%� L c L , AREA VARIANCE Amendments to Law at K267b-3 Effective July 1, 1992: AREA VARIANCE: is authorization by the ZEA for the use of land in a manlier ' which is not allowed by the dimensional or topographical requirements of the applicable zoning code regulation. K267(1) of Town Law. The new Statute no longer includes the terse "practical difficulty" ..or any particular test, and now provides that ZRAs consider two basic things: 1. • the benefit to the applicant if the variance is teal; and 2. the detriment to the health, safety and general welfare of the neighborhood or community that would occur if the variance were to be granted. BALANCING TEST: In balancing the interests above, ZRAs must also consider the following five factors for an AREA VARIANCE: Also, as part of the "balancing concept," the new Statute provides that the ZRA shall grant the minimum variance that it shall deem 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. (K267®b(3-c) of Town Law. Prepared by the Office of Southold Town Board of Appeals References: New York Town Law and Department of State Actions. new/ standard. var ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as, 1000- x AFFIDAVIT OF POSTING' COUNTY OF SUFFOLK) STATE OF NEW YORK) - r I, f' ;' D�11' residing at Ap dont (- , New York, being duly sworn, depose and say that: On the H day of 4""( ,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-of-way abutting this property;* and that I hereby confirm that the Poster has remain place for seven a3 to the date of the subject hearing date, which heari g ate was shown be (Signature) Sworn to before me this c:�-/ day of/J�� , 19!Q 9. Iz- Me NOTARY PUBLIC. Smote of NoWYO* No.09ST6006973, % (NotaryPublic) Tem Eapi dune % *near the entrance or driveway entrance of my property, as the area most visible to passersby. o i ly ZONING BOARD OF APPEALS TOWN OF SOU TII®LMNEW YORK In the Flatter of the Application of AFFIDAVIT OF (Names of Applicants) MAILINGS Parcel ID #1000- ------------------- — -------- x 1000-m--m-_-mm__em---m-m_--_-m-m-mx COUNTY OF SUFFOLK) S'TA'TE OF NEW YORK) residing at I t n , Arole- , New York, being duly sworn, depose and say that: PLEASE list, on the back of this Affidavit or on a shed of P al er, the lot numbers next to the owner naantes and addressesfor which notices were mailed Thank you. ti OY 72 Pie), &r arl A 1Y Frl4eJl e 2-7 11AT1 -3/ - m4t1w"I Mdl® �/ 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): 7:15 p.m. Appl. No. 4679 — JON AND JACKIE ROGERS (Trustees). A Variance is requested under the Southold Town Zoning Code, Article XXIV, Section 100-244 based upon the March 2, 1999 Notice of Disapproval which states that the proposed addition is located at less than 35 feet from the rear property line. Location of Property: 9220 Main Road, East Marion, NY; Parcel 1000-31-8-4. 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: April 1, 1999. BY ORDER OF THE SOUTHOLD TOWN, BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Re: Chapter 58 — Public Notice forT'hnrsday, April 22, 1999 Hearing ®ear Applicant: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will bepublished in the next issue of the Suffolk Tmes newspaper, the Town's official newspaper for 2/1999-2/20000 Pursuant to Chapter 50 of the Southold Town Cale (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 endo sign no later than 4/14/990 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, FOR BOARD AND STAFF USE Updated New Information �•• :�1.%l-moi'%/�' � i 'A (r_ FOR BOARD AND STAFF USE Updated New Information �> s L,OJ -►�- Y` J? 2 ate. + AZd4 an Q .. py�2. ;fes ►�.6v1 _ e .aP (� _ , �- Cannon cru Anc�1.L.nay.cavyp �- Ca.r�(` ` U a�