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HomeMy WebLinkAbout4752riu�.se7. �-�iefffrS�G Ji �e ��/Ae, ra/:x/99 o, y c/fi9EG 4?I,*.LS BOARD MEMBERS S,AFFOJR G Gerard P. Goehringer, Chairman = yt James Dinizio, Jr. c W x Lydia A. Tortora _ ^+ Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 18, 1999 Appl. No. 4752 - MICHAEL and KATHRYN RUSSO 1000-90-4-22 STREET & LOCATION: 775 Oakwood Road, Southold DATE OF PUBLIC HEARING: November 3, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11.971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 13,782 sq. ft. with 90 ft. _ frontage along the east side of Oakwood Road, in Southold. The lot is improved with a 1-1/2 story frame dwelling located 35+- feet from the front property line, confirmed by survey dated December 18, 1978 prepared by Roderick Van Tuyl, P.C. BASIS OF APPLICATION: Building Inspector's August 16, 1999 denial of applicants' request to build an L-shaped addition in the front and at the side of the existing dwelling. The reason for the denial was that Article XXIV, Section 100-244B which states that the front yard setback would not have a minimum of 35 feet. RELIEF REQUESTED: Applicants request a Variance for a proposed front yard setback at 27 feet to the edge of overhang, or 28.5 feet less the 18" exemption for overhangs by the Zoning Code. The proposed deck addition is an extension of 5 ft. into the front yard, for a 30 ft. front yard setback. The portion of the overhang which requires a variance is 18". The applicant states that a 25 ft. front yard setback for a 10 ft. deck was never proposed. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the alternative relief at 30 feet (for a five -ft. deck plus overhang allowance per Code) will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck is one-story in height, and a large portion of the section will extend at the side rather than forward of the dwelling. 2. The benefit sought by applicant can be achieved with the alternative relief granted herein. 3. The grant of the alternative variance is not substantial and represents 14.3% reduction from the code's 35 ft. setback requirement (for a reduction from 35 feet to 30 feet) for a five -ft. deck with roof. 4. No evidence has been submitted to show that the alternative grant of the location for an one- story deck would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Page 2 - November 1Y 1999 ZBA Appl. No. 4752 - Russo Parcel 1000-90-4-22 5. The difficulty is related to the layout of the buildings and land and is not self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a five ft. deck with roof, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member 0011ins•it was RESOLVED, to DENY the variance as applied for, and BE IT FURTHER RESOLVED, to GRANT alternative RELIEF for a five ft. deck with roof, subject to the roof overhang - allowance (limitation) of the Zoning Code. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island abstained. This Reso,��utae as my a (4-0). GERARD P. GOEHRING , CHAIRMAN / For filing 11/19/99 er 2Z,-1999 , SOUT BOARD VysnnFlVVGl(�:EIAi1SjVIp1V :; _ . PO B60179 1980.1TS30 Som,014 NY -11971 STATE OF NEW YORK) )SS: COUNTY OFS�j FOLK) JQO 1\ F f;>Ll i t I S of Mattituck, in said county, beingduly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published' at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for k weeks successively, commencing on the 1 n+1\ day of@ t m1' a 19 . (� mricipai c:ierx v y1OHN P. BRISOTTI Sworn tgbefore me thN0TAj1,yA%M STATE OF NEW YC day of 19 O.01BR4732613 ' QUALIFIED IN SUFFOLK COUNT4 COMMISSION EXPIRES MAY 8.1 d pe C�c Ute- � l� 200 `� TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE G P1 SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To: Mr. Michael Russo 775 Oakwood Road Southold, New York 11971 N Lir E� PAI AUG t 71 iI. I I' Date: August 16, 1999 PLEASE TAKE NOTICE that your application dated May 19, 1999 For permit to Construct a new deck addition for an existing single family dwelling at Location of Property 775 Oakwood Road Southold New York 11971 -Trouse o. ae e County Tax Map No. District 1000 - Section 90 - Block 04 - Lot 22 Subdivision: Cedar Beach Park 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 front yard setback of thijU five (35') feet. The existing dwelling is setback thirty five (35') feet and the proposed deck addition is located approximately twen -five (25') feet from the front property line and does not meet this minimum requirement. }}41IDDj11 .. MAY, 1 K399 r BLDG.DEPT. BOARD OF HEALTH ............. T WN FS UTHOLD FORM NO. 1 3 SETS OF PLANS ............... TOWN OF SOUTHOLD SURVEY ........................ BUILDING DEPARTMENT CHECK ......................... TOWN HALL SEPTIC FORM ................... SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY:7G5-.S7C_3 ALL ya.. p©�� Examined ................. 19.... MAIL TO:.'! l�SS,o . Approved 19-- - Permit No .........°..... %JO Q �� %�. Disapproved a/c fb(N%.YARO. S6,St3!1CYJ! tb I 5o wri'ffo .D , /✓/ �............... >... ....... cBuilding Inspector)' WPLICATION FOR BUILDING PERMIT Date.................19.... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector c 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan•sbar g location of lot and of buildings on premises, relationship.to adjoining premises or public streets or areas, and girring a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be.kept on the premises available for inspection tbmuglwut the work. e. No building shall be occupied or used in whole or in, part for any. purpose whatever until a Certificate of Occupancy shall have been.granted by the Building Inspector. APPACATION IS HMMT WM to the Building Department for the issuance of a Building Permit pursuant to the Building Zone ordinance!, of the Town of Southold, Suffolk Canty, New York, and other applicable Laws, Ordinances or Regulations, for time construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply :rtlt 11 plicabr� ?:ac's, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. 11:....................... (Si tore ofapplicant, or name, if a corporation) ................................................... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build ................................%............................./.,�.................,........................................ Name of owner of premises ., /.`/ ....... ✓. �/� 22H ,... v.SS o...._' ..................................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ......................................................... (Name and title of corporate officer) Builders License No: Plumbers License No . ......................... Electricians License No . ..................... Other Trade's License No . .................... 1. Location of land on which proposed work will be done.. .........................................................ecLar 2acFf ..7:.7,:5...............C.o w o ... .................... o( -;140l .......Hamlet ................ .......... House Number Street n Canty � Map No. 1000 Section ..... X..,...... Block ...... !......... Lit ... z. ........ Subdivision 6Pc�ok � 7Eae f Filed No. Lot ............. Map .......... (Name) 2. State mdsting.use and occupancy of premises and intended use and occupancy of proposed construction: ES rD.ENCe j� a. Existing use and occupancy ............................../'��J2a�rooryl.. b. Intended use and 0(ESrc/fh�G `'e�t-ooy) .... PG ..{3-'b?rTiGn. occupancy pies Ide............................................. 7 eche UL WUM cUbtuKaPpiir'^a,e): Rpaiauoval .... New Building .......... Demolition ............ Addition Other WoftJY18;i�. /Zi;,T10 iV Estimated Cost (Description) ee . ... .... .... .... .... .... (to be paid on filing this application) // If dwelling, number of dwelling units ..... � ... Number of dwelling units on each floor a �'.l<ck ..... Ifgarage, nunber of cars ...................................... If business, commercial or mixed occupancy, specify nature and extent of reach type of use........................ Dimensions of existing structures, if any: Front. J...... Rear ...... Depth .. Height......................... Number of Stories ........ ........ ii qq --77� - Dimensions of �trpcture with alterations or additions: Front ..p..z:1 . r % Rear .-=�.!..'�y. .... Depth ........ .... Height .................... Number of Stories ............... Dimensions of entire new construction: Front Rear ..P �J .... Depth Height ........>Y.0........... Number of Stories ..�.J.1................ / Size of lot: Front e. I2...... Rear .,:. _..7.. ....... Depth ....l... /.. .. O. Date of Purchase ..................... Name of Former Owner ........................................ I. Zone or use district in which premises are situated .......................................... 2. Does .proposed constructionviolate any zoning law, ordinance or regulation: ....../VO .............. 3. Will lot be regraded . .... Will excess ill be removed from premises: YES NO ,I f/ T l2 �l G „ -5 d .. Names of. owner of premises ..!J,fa f?'...y................ Address ..7 z�.i1�IZ?!':6Q�1..�2�-... Phone No. `�s?� .-0622- 4. Nae of Architect .l�lfi�� /�..Si9fllL�il�Cff .... Address Cox LA Dhow NO. 73 P'7q �a Name of Contractor ............ Address mono ,�P,oacLwHTF1:...nla.P...Pfwne No. 7-3/,14 ..... ..... 5. Is this property within 300 feet of a tidal wetland? * YES ....1>... NO .......... *IF YES, SOUnM ME MAM S FMMT MAY PLS REQOIRED. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions , rau property lines. Give street and block number or description according to deed, and show street names and indicate bether interior or corner lot. 706 Z-0-7 -"'7/ TAX # /000-9a—� L1 �CA1E Or Il l YORK, SS I umly OF ..� t �! Fa 1{ ......... f ' Pym : o .. ..... ......; ..being -duly -sworn, deposes„and says.. that be is .the applicant __. Nate of individual signing contract) bove nared, we eis the................................................................................................... (Contractor, agent, corporate officer, etc.) f said Owner or owners,and is dulyauthorized to perform or l pplication;..that all statements, contained "in this application hat the work wilt -be performed in the mannerset forth in the worn to before hie this 1 4.� .....day of ...C!(A ..'......19 17 Notary Public PATRICIA L. FALLON ,Notary Public, Stag of New York No. 4950146 Qualified m, Suffolk County Commission Expires April 24,x001 filed .. ... (Signa�Applicant) and r `3 Ja TOWN Of SOUTHOLD,NEW YORK t C APPEAL FROM DECISION OF BUILDING iNSP ILw1% APPEAL NO. SEP 1 4 999 DATE............................ TO THE ZONING BOARD OF APPEALS TOWN OF SQUT LD Y 1 /J 9 Q � f 8 /,�/a of `f7 �atli 1, (We) ..tX&jr%�. q..` ... , vSSO ......... ro/%ev r?...................................... Name of Appellant Street and Number ' Sam(hlq .... ... .. .. ..... . W\1 ... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION' `OF THE BUILDING INSPECTOR ON APPLICATION FOR- PERMIT Nor. ....... ...... DATED ....... ....:.... ......... .......... WHEREBY TLIE BUILOINIs INSPECTOR 'DENIED TO 1fczy� ..�cw.ss.a Name of Applicant for permit of.......... .. � S� �r.!�o p . .�..... ....:..... Stredt and Number Municipality .......State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY L LOCATION OF THE PROPERTY .............. :... .. ....... Street fHa)nlet % Use D8'strict on Zoning Map District 1000 Sect ongp Block �Lot,7a,.Current Owner 144-HUA � Act" w.'se ..... /� / Mop No. Lot No. Prior Owner _Svsar� 01'-Voo® 2. (PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Pa,rograph of the Zoning Ordinance by !number. Do not quote the Ordinance.) Article j(X /ts Section;' ® -� LYON �an8`o2n n v Ca s 3. PE OF APPEAL Appeal is made herewith for (please check appropriate box) ( A VARIANCE to the Zahing Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons.` Lows Art. 1;6Sec. 280A Subsection 3 4. (PREVIOUS APPEAL A previous appeal (has) (has not) 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 andwas mode in Appeal No.................................Doted ................................................................ KtA3VN VUK ^rrcrI- ,. ( )/A Variance to Section 280A Subsection 3 ( i' A Variance to the Zoning Ordinance ( is requested for the reason that roan zB1 (Continue. on other side) - REASONS FOR AREA VARIANCE ONLY (to be 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: fle. czddtharief psrc4- 4 -VI Rd t fo {/ie ouer¢/l arekr-feAare aC 442 how5e and r pr -ave fhe over -q// ap�+e4ranee aF' ��e nei9160.-tioe,l . 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: u,e uir�/d %j/4 _/0 ConArnCle_ -4e ex4.541,, Pap- cH whrcl` wow(d, t K><e%cl S pr -,- /- a/lowP�ar7a�e, 3.1 The amount of relief requested is not substantial BECAUSEr o r1/Y A �/ cnPQrr ovfcr�oa rL �o e ck . 77r cE-/ rnirode an 41,y4r7e, 4. The variance will NOT have, an adverse effect or impact on the physical or environmental conditions in the neighborhood` or district BECAUSE f7arecr/ OtlPr-� a n / s q �aCIePG{ Glirec alt e Aousp_ C4 r) an//yPa'�2na<s Ski Ghfo /=rvr,� 5. Has 5her'alleged difficulty been self-created? ( /) 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) Sworn to before .me this19 Agent must attach written consent from owner. day o S � f .�' Nnt ararPiilol it •. KENNETMD. BOEHM ota Nry: Public, State of. New yoak txtlk/form.var/temp No.01$05365968. Qum n Suffok County Expires May 31, i I' TOV 4 OF SOUTHOLD PC^_)PERTY RECORD CARD VILLAGE DIST. SUB. LOT OWNER STREET ti� 4 FORME OW ER N E ACR. 5 _ , „,; D vi -s �yon5Gc)F ,S W TYPE OF BUILDING i RES/O SEAS. VL FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTALrt DATE REMARKS ,.<( 4) (� ez-) -2-/-)//3/ s c /i L o Q -4 ' 3 doab UO //vo �27/ S_AwF iy47/yam_, iaoa orb Jd ,23 ���� %z Le a oL *6,9s-77-,/),,?,aeiyct_ur�' � 11 310 0 /, � O D i i q 6_ ,2 (v 7� co' S � #�(�6rc Z d r! r/n �2J' el 6 4 — FARM Acre Value Per Acre Value �}�J-) J��1��:1)S fO`11/r7ns IfStGGI - l�J7oDo Tillable 7 vl ilCf CI _L ��i C! P -RUS 5b a>(_�,� � ao_c Tillable__2 Tillable,., y 3 Woodland 6�l Swampland a d FRONTAGE ON WATER (� v Brwhiond FRONTAGE ON ROAD U ' House Plot DEPTH BULKHEAD Total DOCK Extension Extension Extension Breezeway Garage Patio 0. 8. Total COLOR TRIM y6`ra"t" Foundation S i z 6a= 390 rb�. /�� Basement Ext. Walls7i Fire Place Type Roof X 3 7' q9 Recreation F X fg �Ly J� Dormer Driveway 7 Both �r Floors y�i Interior Finish LR. /p Heat A -K Rooms 1st Floor Rooms 2nd Floo Dinette w .. K. y�i ` LR. DR. BR. F1N. y�i BABE` Al.talst f DAT C 2 &Z,%$" H. D. REF. # c' QQU�LF}:sT`pAf-r.4 �i:�(eF"" The sewage disposal and water supply `7•�.�t� 22�?3\,' facilities for this location have been '.'inspeoted by this department and found rsa !3 ?SZ Sq. ft to besatisfaeta Q r Chief 7ZUeeiaT Engineering ;pEEDLt..7$22,P-P30(.) Services �i .. 30' I z� 1 io - i ptit fof 7p VaC gyTL 4 ( R O io.,ct ? feo �I ti o <I 00 r*T 0. to n S.7pa SCALE: . l�gA , .., r /r �J m = N7orLurrtant a �� •� YWAUTNORITED ALTERATION OR ADDITION t�� \ EO THIS. SURVEY IS A ..VIOLATION. OF ^ _ SECTION 7'09 OF THE NEW YORK RATE O' EDUCATION LAW. COPIES OF THIS SURVEY MAP NOTBEARING THE LAND SU VEYOR'S INXED SEAL OR L Oi'.]•, - EMBOSSED SEAL SHALL NOT BE. CONSIDERED TO RE /. VALID T:ZUE COPY. GUARANTEESINDICATED HEREON SHALL RUN � ONLY TO THE K.RSON FOR WHOM THE SURVE �R V '7 �\ Fj I4�IS PREPARED, AND ON HIS KHALF TO THE • TITLE COMPANY, GQVERNMENICA1 AGENCY TITLE. - LENDING INSTITUTION LISTED HEREON, AND CERTIF. + SO THE ASSIGNEES OR THE LENDING INSTI. .•-1b TUTION. GUARANTEES. ARE NOT' TRANSi TO ADDITIONAL INSTITUTION MAPC?F LOT : 7( rzmovi-r'a4sslri�c o., OWNERS. I STAMP Aa2 ; }{ Chicac�q Tif(,r liiVt�rov�co '40 SEAL Cs �. ,to rrr No. so' r• K PXTrYI fz,stc«., Ey. ' as.'S ?t Ba Dec (8; i9T$: c�AYt/lFY1!" 14O6i- dCK"VAN TUYL, P. C. o TowN o� 5ourHoc.lp9Al.Y r01- u 4►E Q suRyarorr$ a : . Psi l{IF tea:: "srx:l+'ICf, f aia��,orix"d..- xKk.lge-A TEST BOLE SUFF. CO 'OEP'T. OF HEALTH SERVICES ENT OW INTENT fip(�So1l ' 0. ; �•• FOR APPROVAL OF CONSTRUCTION ONLY _ THE WATER SUPPLY- AND SEWAGE Gltl _ B DATE:. DISPOSAL. SYSTEMS FOR THIS RESI- OflnKi _ DENCE WILL CONFORM TO THE q yyK(y(yIF/ H. S. REF. No.: Q -'`P STAND ARD$ OF SUFFOLK CO. DEPT. r3. ' OF HEALTH. SERVICES. - WC7TH,' APPROVED: (S) :. T�' APPLICANT DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals t. COUNTY OF SUFFOLK ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE November 26, 1999 OEC 21999 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. Applicants) Municipal File Number(s) Russo, Kathryn Keller, Debra & William GGN: cc G:\CCHORNY\ZON ING\ZON I NG\WORKING\LDS\NOV\SD4652. NOV 4752 4767 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner LOCATION MAILING ADDRESS H LEE DENNISON BLDG - 4TH FLOOR ■ P O BOX 6100 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044 I BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York., hereby refers the following to the Suffolk County Planning Ccmission: 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: 4752 Applicant: Kathryn Russo Location of Affected Land: 775 Oakwood Dr., Southold, NY County Tax Map Item No.: 1000- 90-4-22 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 Milelof a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to proposed deck, — front vard setback. Copies of Town file and related documents enclosed for your review. Dated: •C/Eiv. ;e_3� 199'1 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. and Mrs. Michael Russo 11 Cottonwood Drive Dix Hills, NY 11746 BOARD OF APPEALS TOWN OF SOUTHOLD November 19, 1999 Re: Variance Appl. No. 4752 - Deck Addition Dear Mr. and Mrs. Russo: 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 Board's November 18, 1999 determination in the above matter. Before commencing construction activities, please be sure to obtain from the Building Department a building permit, and any other agency approval that may be applicable. A copy of this decision has been transmitted to the Building Department for update to their file regarding the Notice of Disapproval and permanent record-keeping. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department Decision filed 11/19 r" Page 2 - November �y� 1999 -- ZBA Appl. No. 4752 - Russo Parcel 1000-90-4-22 5. The difficulty is related to the layout of the buildings and land and is not self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a five ft. deck with roof, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member C011im-it was RESOLVED, to DENY the variance as applied for, and BE IT FURTHER RESOLVED, to GRANT alternative RELIEF for a five ft. deck with roof, subject to the roof overhang— allowance (limitation) of the Zoning Code. VOTE,OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island ;�-�abstained.) This Resolutle as my ado 2,. f GERARD P. GOEHRINGE15,, CHA MAN For filing 11/19/99 R310EIVED A -1,`,11D FILED BY Tp�7g4r,'4� .'OU:'A 1 oofvq� Pr Fro � Fi flpg tySEP 231999 1. A all oofvq� Pr Fro � Fi flpg tySEP 231999 1. A 8 --i M.'LYVN:5 DA,700197 EC 2 D. REF. # 6 1, A V4a The Sewage disposal and water supply ,facilities for this location have been inspected by this department and found 4 k 764to be satisfactot-� 8Z 1/.(, Chief of •CezYei^al Engr"*neerin%'4' 30' ' g� I / r (,Vcfc 7C) JOXZ z rri AL rri --v C-1.) I o � � I � (� •� � �� 1`r � A -10 rn "k C-1 —T - "d .4 S Well '70 8CALE: cc; SEP 2 JNAUTHORIZED ALTERATION OR A0011". TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STAT4 "TION LAW. PPIES OF THIS SURVEY MAP NOT BEARING 1111 LAND SU1111YO111 IN1141D SEAL 01 EMBOSSED SEAL SHALL NOT U CONSIDERED To BE, VALID MME COPY. GUARANTEES INDICATED 11111ON SHALL RUN ONLY'TQ THE PERSON FOR WHOM THE SURVE I \ �• \ ^ 13 PREPARED, AND Or4 HIS W -HALF TO THE TITLE COMPANY., Q0V14;14EN'iA1 A,(;eN11 I /~- ----- « ' -' -------'- °, || / / | / / U �104 21,| -/CD.. ---- � 4LL NEuJ RODF SUPPDRi 86 �K?EW DSD 1 Oct -14-99 11:36A / Pa Mr. XhChael R-t&sO and Mrs. Kaihr:yn Ru,y.so Location of Property - 775 Oakwood Dr, Southold, NY 11971 Mailing address: 11 Cottonwood Dr Dix Hills, NY 11746 Re- Variance for Property Sect,90-Elk 4 -Lot 22 Dear Board of Appeals. E, 1 OCT 1 4 1999 If passible please postpone the variance hearing to November 3 so that 1 have time to send out certified letters to the properties located surrounding; the property and also to post the sign, Notification and posting was not completed due to a mailing mix up of addresses, I can be contacted home 423-0622 or fax 271®2030 Th• nk you, kithryn Kusso P_®2 Oct -14-99 11:36A OCT 1 41999 Ali-. A•.fwr ael Rt&so (.,n d N ry. Location of Property 775 Oakwood Dr Southold, NY 11971 [Mailing address: 11 Cottonwood Dr Dix Hills, NY 11746 Re, Variance to.r Property cec:,99-B1k-1-Lot 22 Dear Board of Appeals, 1 t' Possible please ,st o:-tP the i , } 1' ;.<a erg§ rie• - lte i:'1nS to I"�t;verr,,'Uef .r SO �;'s�l I Jia . e dme to Se-TI'd ,'€Lei Cmllffi t P3t=penics located suIi't".fLl7ldixig the pt),) --( y ,mrd1, 0 I(.)post the sigil, Non icat-Io 3 Lind po.sjjr�g aui ji=o' -.o 1; ti !'aliil?i1; can he contocted 1 (nry'lle o -f 1 x 271tlii).�I) Thpk. you , kluyn usso P_02 Oct -14-99 11736A 1 i, u`J r��! T 14 9999 T To- Linda, Zoning Board of ppeals Frorn: Kathryn Russo Re Attached letter 1 hope th;a VS 011: swill v? 011€ there, So onetime, arler IQ 00 u)n)i)rrcv, w pick, up all information 1f 1,h;:re iS a n 1 ¢ Fob I�6m ple'aIse, ca11 '1213_0622 Thank you for you help Kathy Russo P.OIL P.02 l Oct -14-99 11_36A a pa) Location of Property, 775 Oakwood Dr, Southold, NY 11971 flailing address: 11 Cottonwood Dr Dix Hills, NY 11746 Re' Variance for Property Sect,90®Blk 4 -Lot 22 Dear Board of Appeals. If possible please postpone the variance hearing to November 3 so that 1 have time to send out certified letters to the properties located surrounding the property and also to post the sign Notification and posting was not completed due to a mailing mix up of addresses, 1 can he contacted home 4230622 or fax 271®2030 Th• nk. you , Kitthryn Russo ]ELUZA]B E` HI A. N EVIII[..IL]E TOWN CLERK K REGISTRAR. OF VITAL STATISTICS MARRIAGE, OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OYINFORMATION OFFICER TO: FROM: DATED: RE: OFF HCE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Neville September 125, 1999 Zoning Appeal No. 4752 - Kathryn Russo Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4752 - Kathryn Russo. Also included are Z.B.A. Questionnaire, Notice Of Disapproval, Application For Building Permit, copy of Survey and copy of Plans. 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.) B. Is the subject premises listed on the real estate market for sal r being shown to prospective buyers? { ),Yes { } No. -(If Yes, please attach copy of "conditions" of sale.) c. Are there proposals to change or alter land contours? { } Yes No D. 1. Are.there any areas which contain wetland grasses?. 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed cqqstruction at or below five feet above mean sea level? (if not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist ano are not shown on the survey map that you are submit-img? 491 If none exist, please state "none." G. Do you have any construct�}'o_n 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 qr any co-owner also own other land close to this parcel? o If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel and proposed use il1✓� R /.4ignature and Date 3/87, 10/9'alk PUBLIC HEARING SoUT14OLD TOWN BOARD, OF APPEALS - - WEDNESDAY, NOVEMBER 3,1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLDcTOWN BOARD OF APPEALS at the Town Mall, 53095 Main Road, Southold; NY 11971, on WEDNESDAY, NOVEMBER 3, 1999 at the time noted below (or as soon thereafter as possible): 6:45 p.en. Appl. No. 4752 — KATHRYN and MICHAEL RUSSO. Based upon a Notice of Disapproval dated August 16,1999, a Variance under Article XXIV, Section 100-244 is requested for a proposed location of an addition with a reduced front yard setback at 775 Oakwood Road, Southold, NY;' County Parcel No. 1000e90s4 will- at The Board of App same'time and place hear any and all persons or representatives de- siring to be heard in the above ap- plications or to submit written state- ments before the hearing is conclud-ed. Each hearing will not start earli- er than designated. Files are, avail - Town able for review during regular r Hall business hours ( m.). If If you have questions, pease ot j. hesitate to call (516).765=1809. Dated: OctoberSOUTHOLD T®WN BOARD OF APPEALS STATE OF NEW YORK) i ' � QV) 119,09 COUNTY, F 11S of Mattituck, in said county, being duly sworn, says that he / she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New Yolk, and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for weeks successively, commencing on the o} day Of Principal Clerk Sworn to before me this OTTI day 167 (2C T TARY PUBI]I®, S OF NEW YORK NO. 01BR4732613 QUALIFIED IN SUFFOLK COUNTY C I SION EXPIRES MAY 31,�t©oG Updated FOR BOARD AND STAFF USE d `f %S�� New Information NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS WEDNESDAY, NOVEMBER 3, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on WEDNESDAY, NOVEMBER 3, 1999 at the time noted below (or as soon thereafter is possible): 6:45 ,p.m. Appl. No. 4752 - KATHRYN and MICHAEL RUSSO. Based upon a Notice of Disapproval dated August 16, 1999, a Variance under Article XXIV, Section 100-244 is 'requested for a proposed location of an addition with a reduced front yard setback at 775 Oakwood Road, Southold, NY; County Parcel No. 1000-90-4-22. The Board of Appeals will at same time and place hear any and all persons or representatives desiring to be heard in the above applications or to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: October 14, 1999. SOUTHOLD TOWN BOARD OF APPEALS 4 OFFICE OF BOARD OF APPP.AIS SouthoCd Town Hall 53095 blain Road Southolcl; NY 11971 765-18og ZBA tel. 765-9064 ZBA telefax. October 22, 1999 FACSIMILE TRANSMISSION to 298-3287 ATTN: LEGAL PUBLICATIONS Upon receiving this request, please return an initialed receipt at the bottom of this page to our fax at 765-9064. Please publish the attached Legal Notice (Russo Hearing) in the October 28,. 1999 issue. Thank you. Very truly yours, Linda Kowalski Board Secretary Attachment (1 page) Received at Newspaper Office by 0 � ZONING BOARD OF APPEALS TOWN OF SOUT.HOLD:NEW YORK -------------------------------------------- x M the Matter of the Application of // //�� AFFIDAVIT girl-/2iAi t �1c44e l /� USS 6 OF (Names of Applicants) MAILINGS Parcel ID #1000- �0 .9 9999 1' COUNTY OF SUFFOLK) 4� STATE OF NEW YORK) I, 1�4 - � f/ ,, / W ROSS a residing at 7 -75— 61c(kcv,00cz aiZ- -54,44 dddl , New York, being duly sworn, depose and say that: On the day of Oc- ,19% � , I personally mailed at the United States Post Office in 51A , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or () County Real Property Office,for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to Wore me this day 19 ff (Notary Public) signature) MARY ANN CYRULSKV Notary PubliC, State of New York Residing in Suffolk County No. 52-5895900 Commission Expires April 30, 19Z2DO PLEASE list, on the back of this Affidavit or on a sheetof baler, the lot numbers next to the owner mantes and addresses for which notices ivere.,maileel Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ------------------------------------------ In the Matter of the Application of VAGI /a ?-c (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 47p - V - `L --)- --------------------------------------x i � J kf4 i1 OCT AFFIDAVIT OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, f 19T -H4 c-111/ 00 S S v residing at 7 7 �- Oc? k w o o SOU44o /c/ , New York, being duly sworn, depose and say that: On the /� day of OGZ • , 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 remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Signature) Sworn to before me this /%,&�, day of!�� - , 19 �T- Notary Publ fc) MARY ANN CYSULSKI Notary Public, State of New York Residing in Suffolk County No, 52-5895900 Commission Expires April 30,`� *near the entrance or driveway entrance of my property, as the area most visible to passersby, § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 68 �� •, �. •II`;, § 58-1. Providing notice of public hearings. (HISTORY: Adopted by the 'Town Board of the 'town of Southold 12-27-1995 as L.I.. No. 25®1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Ey requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant orhis/her agent shall file an affidavit that s/he has compiled with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street OFFICE OF ZONING BOARD OFAPPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 October 14, 1999 Re: Chapter 58 — Public Notice for November 3, 1999 Hearing Dear Applicants: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with a copy of 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 10/27/99. 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 CONT YflFU UACOIYCf :f;R 14151-riki NOTICE OF HEARING NOTICE- public . will be by the Southold,SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, -property. OWNER(S) OF RECORD: KAT H K N AA16 M iaHACL RUSS6 DATE OF PUBLIC HEARING: Web.) NoV. 31mftq If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a m and 4 p.m. -775- 060)bbA PJ1�l 3ouT/+0L R69r JA0 VNCIANC6 Are.- AftPrI014 NOTICE OF HEARING. NOTICE IS HERESY GIVEN that a public h( do V1 / P s,' 1e SOUTHOLD TOWN BOARD OF APPEALS at the Tc id, Southold, New York, concerning this property. PUBLICOWNER(S) OF RECORD: KATHRYN "a M101i DATE OF t 6:q,5-10 .rn. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS TOWN OF SOUTHOLD (516) 765-1809 _,ft NOTICE OF PUBLIC HEARING THURSDAY, OCTOBER 14,1999' SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 -of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 14, 1999 at the time noted below (or as soon thereafter is possible): 6:45 p.m. Appl. No. 4752 - KATHRYN and MICHAEL RUSSO. Based upon a Notice of .Disapproval dated August 16, 1999, a Variance under Article XXIV, Section 100-244 is requested with respect to the location of a proposed addition with a reduced front yard setback at 775 Oakwood Road, Southold, NY; County Parcel No. 1000-90-4=22. The Board of Appeals will at same time and place- hear any and all persons or representatives desiring to be heard in the above applications or to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please�do not hesitate.to call (51'6) 765-1809. Dated: September 22, 1999. SOUTHOLD TOWN BOARD OF APPEALS