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HomeMy WebLinkAbout4682APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning owe ��o��gpFFOC,�Cp� 0 W = 1117 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 5, 1999 Appl. No. 4682 - PETER AND MARILYN WINTERS STREET & LOCALITY: 505 Custer Avenue, Southold 1000-70-8-24 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: The applicants' property consists of a total lot area of 21,238 sq. ft. and is referred to as Lot 5 on the Map of Fairview Park, Section One. This parcel has a frontage along the north side of Custer Avenue of 115 ft. and average depth of 185+- feet. Existing is a one-story, one -family frame dwelling with attached garage situated 50 feet from the front (south) property line. An in -ground swimming pool exists in the rear yard area, the southerly portion of which is the subject of this variance application. The pool is situated 10 feet from the west side property line and approximately 19 feet from the rear wall of the existing garage. For information purposes, a deck addition was authorized under Building Permit No. 16029Z at the rear of the dwelling. BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated December 29, 1998 citing Article IIIA, Section 100-30A.4 for the reason that the swimming pool is located in the side yard area. (It is noted that a portion of the southerly end of the pool is in the side yard area, and the remaining portion is located in the required rear yard.) AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance for the location of a 18 ft. by 36 ft. in -ground swimming pool "as built" in a rear yard location. The southerly portion of this pool is the subject of this variance application due to its side yard location. The pool is shown on applicants' sketch to be situated 10 feet from the west side property line and approximately 19 feet from the rear wall of the existing garage, and 50+- feet from the rear property line. REASONS FOR BOARD ACTION DESCRIBED BELOW: 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. Only a very small portion of the pool is located in the side yard, and the major portion of the pool in a rear yard location. 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 less than 15% (part the entire pool Page 2 - May 5, 1999 ZBA Appl. No. 4662 - P. Winters 1000-70-8-24 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 pool is behind the dwelling and gives the appearance of being entirely in the rear yard. 5. The alleged difficulty has been 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 new pool 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: Goehringer, Dinizio, Tortora, Collins. This Resolution was duly ADOPTED (4-0). (Member Horning of Fishers* as ab -e / usetY) 51ERARD P. GOEHRINGIER CHAIRMAN For Filing on 5/10/99 RECEIVED .AT" rT',7,,l? BY T E - �/7 n01AW Article 7i7i11F17— t°n 1FtU.�194n raac iw� - _. _1- and Article III �tioOffO 3,4� 8-00 HUGH A P•m PPO' X46 based upon twu,.w. bru 23, 1999 : � ANT#fiCiN� Notices of. Disa�„ pproval w ch state pN nd .that the �prop°sed'raisedbR��ckF,Pa ' ��.q�uested b � up,�n`� �1� is d w than:7,5„ feet fro ¢tttkhead 1999 Notice of p�pprov dJ and will exceed 20% lot^coverage ., states that undervArticle T3f N Location of Property..:32$5 Bay+ s Secnon 10021 I;;the regtttre'r e Shore _Read;, Greenport, NXyard for dotywnh-.S,&ac,{srobj5 County,Parce1,1W0.53b-8 ',."' ft. mm.,n,;;„ under Creek Drive; Southoid,-N)Y Parcel No. 1000-..70-5-11. 7;05�,p.m.,: Apps. No: 4¢65 FRANK RAYNORi ,A'. Special,,-� Exception is iegoested.�er Ar , title IIT, Section 100-'.�1,$' 'Por R� approval pf.Accessory Apartment Use in applicants exrstmg•Vstdence,.,�` at 3370 ' Wickham , "Avenue, Mattituck, NY Parcel No.,ic}no 9-15. 710 n.ms-- Ann]- Nrc "ACU �. two Dist { prol feet Main a. las 1999 N me . states tt ing less thm .est bluff of fy, Sound. Stars R, 1000.22 A 7:40 the PETEF 4r_ TERS. 4A/d — l LNO. A idea the A )de, : Ar- g based ceof u that he C Zlit yard' .1, ¢yi 190 s 1;. NY, at in 674' -- ---D i 4ari- M f- the M it, Ar 12 abased ;tire Ter the Ke ' LmttatlhR.I.tlCatlOp ofl March 18, 7999 to ba lordYer�tess than 75 feet frotheexistutg�$ttlk head at 3895 Paradiwfti*�Od' S011thold,NY ParcelA*&8 She Boaid of.�ppeals.` time and place t1Par a¢,yeaR sons or represettt4veQ heard in , -,t] above aPpf destrmg to submit wo e, ` ments befoie thehearmgeR lYa, hCaring will IIot start $ t tate k su rntlK:ocatton%' l:U 1V I x J iAquaview� �� f� _ • t t S of Mattituck, in said c°nntX 1461. 4679_county, being duly sworn, says that he/she is MGM -A Principal clerk of THE SUFFOLK TIMES, a d under the; weekly newspaper, ublished at Mattituck, in tg,Code, Ar.. YP 061 zaa based. the Town of Southold, County of Suffolk and I to Notion of State of New York, and that the Notice of which stes.�;that altei Scated: at less. the annexed is a printed copy, has been regu- rear property eperty."9220 larly published said Newspaper once each Orion, NY; week for weeks uccessively, 46. 4684. _ commencin on the %S` day sriance under of 1 19 :C110R. 1W he rcfie provovalal o � l� wlp}y spropos4al the top oftl p. Principal Clerk Long:. island -opertys 2K40` n, NY; Parcel Sworn to before me this 40. 4682 "- day of 19 - 7 MARY DIANA FOSTER own Zoning NOTARY PUBLIC, STATE OF NEW YORA Section 1mg No. 52.4655242, SUFFOLA COUNTY :ed.upon -the COX4tAISSION EXPIRES AUGUST 31,199 Notice -of ;aeon- that to try. inground . aA � Q 4t nn4` FORM NO. 3 TOWN OF SOUTHOLD fJ BUILDING DEPARTMENT SOUTHOLD, N.Y. 0j4,,4 fid 4o P ' /VdTP°ss'�je NOTICE OF DISAPPROVAL 6 To}1:pk,Pools_LTD:.(Winters) _ P9.Bos.9......... ...... .. ................ Cutchoue: NY 11935 DATE: pGceptber 29.,, 1998. _ . _ _ _ . PLEASE TAKE NOTICE that your application dated ..Octnbar 27.,........ 19.%k ... for permit to construct an accessor in round swirmmin pool .......... .................... .$.-•-- ........ ....... at Location of Property . 505 ......Custer. Ave. Southold ................. ........-... House No. Street Hamlet County Tax Map No. 1000 - Section ....... BLOCK 8.......... LOT .24.......... Subdivision ............................... Filed Map No. .........Lot No_ ....... is returned herewith and disapproved on the following grounds that the ............ accessory inground swimming pool is in the side yard area. Under Article IIIA, ......................................................................................... Section 100-30A.4 Accessory buildings (the same requirements as.100-33 of the ........................................................................................ A -C district), buildings and structures or other accessory uses sball be located ---•-•-•........-•...................................................................•--- in the required rear yard. ..........-•-•----.....-•--•.......................................•-•--................. BUILDING INSPECTOR RV 1/80 (ARD OF HEALTH .........:..... FORK NO. I. `1 SETS OF;.PLANS `.................. TOWN OF SOUTHOLD SURVEY ................... BUILDING DEPARTMENT CHECK ......................... TOWN HALL SEPTIC FORM ................... SOUTHOLD, N.Y. 11971 TEL: < 765-1802 011111, Ilenin � No. Disapproved a/c �........ . ...... . ... (Bulldrng Inspector) APPLICATION FOR, BUILDING PERMTf NOTIFY" ..4 &—Af6ts�7. MAIi. TO* .................... Date.. /{�� �?...... 19. . 5„ r QLD INSTRUCTIONS a. 'ibis application must liecorpletely filled in by, typewriter or in ink and sulmitted to the Building Inspector wi 3 sets of plans, accurate plot plan to scale. Fee, according to schedule. b. Plot plan sdwving location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a retailed description of layout of property mast be drawn on the diagram which is part of this armnlication. C. -Ihe Warx COVerea Dy "115 appLICDtlOn Pay nou n UAW=1N. M&W&W ,aw,wu va w..w.yy .n........ d. 1 Upon approval of thisataplication, the Building inspector wilt issue a building Permit to the applicant. Such permit shall be kept on the premises available for inspection thmugiwut 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. AFFLICNrl(N IS 1L1a:IiY MALI. to the Building Department for die issuance of a Building Permit pursuant to the Building Zone Ordinance of the Tom of. Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction iof buildings, additions.or -alterations, or for removal or demolition, as herein described, hhe applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations,ra`d to admit authorized inspectors on premises arm] in building for necessary inspections f \\ . 7-!U�.. '! 1 �'!/i . �eaz5.l.... •�IMMEDIATELY(Signature of applicant, or name, if a corporati(xi) ENCLOSE POOL TO CODE X %..�11T.�lt�t)/fly ! &fzT UPON COMPLETION BEFORE "WATER" (Mailing address of applicant) .State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or b uilde ......................................:...........MOVED. AS NOTED .......... PATE: 8 P. Nam of owner of premises `.`!''h..��.�.... S�.jl.�7G'�iL..................... ........ ........ ..... - ... . (as on the tax roll or latest deed) F BY: NOW SURMO DEPARTMENT Al If ap[ulic a a corpo,�ra�,uon si ' tune of duly authorized officer. 7WIS0 S AM TO 4 PM FOR THI FOI I LINDA NISP - TWO : • .. s;�,-./.!��.1. • • • • • • • J • • • • • • - 1 FQtlNDATi011 -TWO REQUIRED (Name and title of corporate officer) IORiOUFADGONCRETE 2. NOUN • NMAI W & PLUMBING a INS L4= Builders License NO. ....... C fiNAt • CONSTRUCTION MUST Plumbers License No. BE COMOLETE FOR CO. CONSTRUCTION SHALL MEET Electricians License No . .. .................. *E REQUIREMENTS' OFA THE N.Y. STATE<dOPiSTRUCTION & ENERGY Other Trade's License No . .................... CODES.fAW RESPONSIBLE FOR 1. ideation of land on whicb proposed work will be done ...................... N.4R OMMUCTM9. ERRQR6... ............................... ' i .... fl ':.......................... ..................... House Number Street ilaudet County Tax Nap No. JOOO Section ....407.9....... Block ......7....... Int -,A41......... Sulxlivision t 7*7/ V;W. . ............. Filed Map No. t ..�........ (Name) .. 2. State existing use and occupancy of premises and intended use and occupancy ofproposed construction: a. Fadsticg use and. occupancy ., `J rte.. .. I'"v:..... ...I ........................................ . h. Intended use and occupancy W'00L �ltTAiE A M*30.A�f l3 . �IdNwet"ioelsfi: 0,38�y Y •;TO:4 '�C7d07itC1iie2,Ci (6vG8T2 i G .[sSi .,,,SSS.aEPtuta9tigx. m,oT 3. N:uure.of work (decit wlddt spplicable). New Building ••.,• Acki Alteration Itelw i r ........... Removal ............. Denol i tion ..... •� . tGer 1loric .tj.h i J`(t ".�?..-........ . (Description) 4. Estimated Cost �,......U.UD.......... fee ..... : (to be paid on filing this application) 5. If (h4ellinig,.tinier of .dwelling twits ............ tinier of dwelling units of each floor ................ Ifgarage, umber of cars...................................... 6. If lnishnesa,. cantercial or. mixetf occupancy, specify natureand extent of each type of use ...................... -77 7. I)inensiois of existing structures, if any. irroiC...,7-z..> .......Rear .......Depth ...1�71 ........... Mnber of Stories ... �v.�> Dinensiots of sate structure with alterations or acklitions: Front ............... Rear ............... I)LpLit .................:.. lleigitt .................... limber of Stories ............... S. Dinensions of entire new construction: Front ................ Rear ............... Depth .............. Ileitoit ......................... Nmier of Stories ..................... 9. ..Size of lot.; Front ..,/.1. .G�.t?........ Rear ..��.J:.Jl.%........ Depth ....lL� ......-... 10. Dale of hirchase ..................... mane of Tomer (Suter.....................:................... 11. Zoe or use district In sAiidi premises are situated ......)...... ....I............. ...... 12.' 'Dconstruction lines proposed covstctiopnsviol.ate arty zoning law, ordinance or regulation:... AJO .... .......7... 13. Hill lot be regraded ........ Will excess fill be removed from premises: NO 14. Hanes of (Mber of premise 1M-1K ....... Address .Nate of Architect.... ................... ................. Address............................... lbo a No. ..:.......... Nane of Contractor ................ Aiklress�3. -?-�> '7./ tone NO.�Y-��r�r.� 15. Is this property within 300 feet,of a tidal wetland? * YCS .......... ND ._�..... *Ir YES, S(xMU D 1UNN TRUSMS MUTT MY RE RC¢II M- - j PLOT DIAGRAM• Locate, clearly, and.,dietinctly all buildings, uluetber existing or pro.,posed, and indicate all set-Lack dimensions , frrm property lines,, .,Give street aotl block tinier or description according to deed, and ahoy, street iwres and i`nxlidate ' witetler interior orconner lot. 6CFzu F.,. A 03VOR a t:iq lk OT MA R M-WIT -Moft*~VIS J04 I WWI 4 3T�N�Vil3D Q�AlID9 SI'Alli NaI,ANK r S* ?URS$ - QdMIY (w .. .. s'3Ci^ttStT8if4:1 SA HT, .......teinig duly sworn, deposesand says that, lie is Lite »pip cane I (Nate of bili4ichtal t t alxrve, tuned, "' ?4'13 R£3 IA 2S4 Ile is LiteC..�On7`r7zJr ..........t........................... ... ,-..... (Crnutractor, agent,-corpora Le officer, etc.) of said owtter or mnters,.antd is: duly authorized to;lerfo6m or Ivrve iterforned lite said work six) Lo take aril file this al;pIicatioi; thaL all statements rnntained in this,applicati9" are true to the best of his kixxutedge atxl lx lief;, oxl that Lite work will be performed in Lite nrnoer set forth in Lite application filed dierewith.. saom toobefo a the this//yyam� QQ44 ... C2.V: ......day of(/r:�� ...19..J.,!/. NoLary public Jur. ..... ELIIJ18E1HAS1A1ili8 (Signa ure of Applicant) No7�T600si SuffolkGou Term Expires Nxiss.2Q i� 1 TOWN OF SOUTIIOLD, NEW YORK APPEAL. FROM DECISION OF BUILDING INSPECTOR APPEAL NO.� DATE ....... ...... 1'O TI IE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. 1, (We) J� %G:T� Fi&3'1�7119z_5............ .of.....y.txt?i2«.t : � U . Name of APPellont Street bnd dumber cUlJr??�iZ ......... ........... ......... ............. .........,.........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM TI IE DECISIONOF TME ;BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO..?i�.c'+"���' ...... DATED .....� '�gR WHEREBY THE BUILDING INSPECTOR DENIED TO ................................ Name of Applicant for permit of .. ZD.............i <cS ? l�.l�.Era.il ..... ..f. ...................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY' LOCATION OF THE PROPERTY ,I... 4p Street fi am)er J Use District' on Zoning Map, District 1000 Section70 Block Lotay'Current Owner 7 rwioe� r"L5 Mop No _ �s)r Lot No. ��" . PHo.r Owner. i ,�rcT S 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph, of the Zoning Ordinance by number. Do not gyote the Ordinance.) Artirl@_sXzA Section /6ts c3i4ay ___ 3. TYPE OF APPEAL Appeol is made herewith for (please check appropriate box) ( KA VARIANCE _to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock -of access (Stote of New York Town Low Chap. 62 Cons. Laws Art. '16>Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous oppeol (hos) flas no been mode with respect to this decision of the Building Inspector or with "respect to this property. Such appeal wos ( )'request for o special permit ( ) request for a variance and was made in Appeal No.................................Dated...........»...............r........................................ REASON FOR APPEAL ( ) A Vorionce to Section 280A Subsection_ 3 (i A Variance to the Zoning Ordinance is requested for the reason that romt ZDt (Continue on other side) j or:a cnrua 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: J't<i /d!/><G s�cuL .� /ti 6:v4y ' 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: &V o;�AWX �auiu� ��, rr�a.�:�' ��e` God-r'�L�= ��i �v .� �'✓� 5-.�r� 3. The amount of relief requested is. not substantial BECAUSE C,A,I-ice A,&i:r 6P ` 1-5 o21;`LJ Tr J7/V '- 1I_ 4.- The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE 5w; "i.,iJ ` ,, 5. Hap the:al,leged 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'aharactur of the neighborhood and the health, safety and weilare of the community. STATE OF NEW YORK) COUNTY OF SUFF%,K) Agent must attach written consent from owner. Sworn to before me this dl�A' day of I Idr , 1949 . rxtlslform. V- tamp SUSAN M. JACOBS Notery Public, State of New York - No 4512037 Qualified in $--'Ilk Cc, commission Eqk Wv S. IV 291 3/16199 UPDATES ON THE FOLLOWING PENDING APPLICATIONS FROM ZBA OFFICE: New Appl. No. 4682.jd —Peter Winters (APRIL 22 HEARING) Re: Variance for portion of pool; is "as built" confirmed by Mrs. Winters with ZBA office so don't be surprised when site visit is done for April 22nd hearings. (Apparently, the builder b tried to place it in the location explained to them as rear yard, they said, before the winter freeze. They will explain to the Board at the hearing, they said.) Re: Lettieri-Gazza Pending Appl. No. 4619.It (SEORA PARTICIPATION?) Lead Agency under SEQRA must be determined and coordinated by Trustees and ZBA. Please advise office staff of your intent as Lead Agency or request for Long Environmental Assessment Form. Planning Board received letter recently that "application is being withdrawn for subdivision by Gazza"although building lots will remain under the possible 'single and separate" ownership of Lettieri and/or Gazza. Note: PB is not expected to continue jurisdiction once it is formerly withdrawn by all n has been requested by Assigned Member or others on Assignment Sheet in �7A C7 , CL,7OWN OF SOUTHOV")' PROPERTY RECORD CARD OWNER STREET" VILLAGE DIST. SUB. LOT - P`.Ile N�r�`'l `� FOR ER OWN R n er N E ACR. S W TYPE OF BUILDING RES. C� zio SEAS. VL FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS -- — i 0 (f/! 5 6Q y,-� 17el0-0 S 72b V /// � 7 f )Wir 4ef s SleS066 AGE _ o BI LNG C L) TI N NEW NORMAL BELOW ABOVE FARM - Acre Value Per Value Tia a QS—c' G Tillable Tillable 3 Woodland swamplan,46 FRONTAGE ON WATER Brushland FRONTAGE ON ROAD Houselot DEPTH BULKHEAD. - � � ", Total 05 rte► Per DOCK i A .a .N • wwww ■oil fi�I�{�f®=®■ ■■■■®_■■■■■■■ ,_■C, ■■No ��_ _■■ ■■■■� MAN ■■■■■■■ No iBasement Floors ' 1'Ext. Walls Interior Finish A Extension 'Fire Place r Porch y A .a .N r .MAN I i 1 I 4 .,C2Phrik': CGxt>arFa ,P'A'i" IQ _. if gal- i4y - n 0 id • --% ry.. 50 1�0 MAP. t�f��" 1 �rE�?�`lF�4(�%F�i'� EJi t `_;. t s i.�S UI��F L, C✓4 i tt J 3" � « '•{ C -L,,.:, I i t,`111""i C, q" Caditl9n em"" is a viowtwn at Ili.,! 78CI' "0 the New York $lata FI�ITIIVVP Ulm SwxlriEs +thI9 s,u+vs➢'HIM eta[ haarimj n., lunar eMVf07'A Intrad sell or srnle,sted Soo -bell net Ora eanaldee to be s valid Ina, away, GUararowe sndlc>4wd ha+r@au nj dl ru 001V to xIft p arueo for vuhearo vm mmel,y is prep&sera and aro his brhalT to" *10 menpany, EpCV6 n,montNf spno y EiFA lendings in-0101ti®ay RAO hmt on and to ttre eanidnoms d th, le putnat kwt- Mien, GUSwant@ee Rik Am turniferabla t-,w.j o/ I_ �P 3I -L L 4Q.V i P'�rl `iv j t� F J, A, 6 int 5 a_1 � c ' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. and Mrs. Peter Winters 505 Custer Avenue Southold, NY 11971 Re: Variance "As Built" Pool Dear Mr. and Mrs. Winters: BOARD OF APPEALS TOWN OF SOUTHOLD May 10, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's determination rendered May 5, 1999 (and confirmed with you on May 6, 1999 by Mr. Forrester). Please be sure to follow-up with the Building Department regarding issuance of a permit and certificate of occupancy before continuing any other building activities. 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. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department Decision filed 5/10 ELIZABETH A. NEVILL.lE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ®IEIIa ECE OIE TIME TOWN CLERK TOVVW OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS Town Hall, 53095 Main Road P.O. BOX 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FROM: ELIZABETH A. NEVILLE, SOUTHOLD TOWN CLERK RE: ZONING APPEAL APPLICATION #4682 DATED: March 16, 1999 Transmitted herewith is Zoning Appeal No. 4682 - submitted by Marilyn and Peter Winters together with Southold Town Building Department Notice of Disapproval, Map of property surveyed for Harold D. and Marcella F. Winter with proposed change, sketch of in -ground pool in relation to house and property lines, Southold Town Property Record Card, Southold Town Building Department application for building permit, Questionnaire for filing with ZBA application, property record card, sketch of in -ground pool, Map of property surveyed for Harold D. and Marcella F. Winters.v J" Elizabeth A. Neville Southold Town Clerk j 5 ®,P' X3& r Oaf- 4FA2ou,cjr>rte- RiL tgglli f� Cad ,fa Fm�gr' i �'' z F ' • ' � � !/N �2c�rJi �I��,: , �yic.�°' •�a�� u�i�� `� �' :o,� ;%fir-�7�`D; D� ������. ; Cc�Yf � �I tJ�' % ' s i� illi � r�1�Z i � �c�i�.�L' /1��� Jl� ' G• ere) ze I I ' I I Z72pU�j �i czSL' i i ?/ -97 Auld- I I ; a 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.) 6)cOAAL-�ZS B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes {�} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes W 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 Trus Cees for iL-s determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed co struction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitti ng?Z, O/UC- If none exist, please state "none . " G. Do you have any constructigA taking place at this time concerning your premises?map OUE' if yes, please submit a copy of your building permit an� 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? AM If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel and propas&.use .'O'�,v�, r � author' ed S iftqtfire and Date 3/87, 10/90Ik ZONING HOARD OF APPEALS TOWN OF SOUTHOLD:NEW TORIC __----_—_---_--- ---------------x In the Matter of the Application of AFFIDAVIT �° rL �, !aI h�e OF (Names of Applic s) MAILINGS Parcel ID #1000- vjp - - ---------------------- —_—_—_—®_ ------X LNEN15KI-31MUCOAQUff I, lAO, i-,, 1_0.lri� residing at SZ)5 ��� S U_4, lk �F_ , New York, being duly sworn, depose and say that: On the 12- day of 19 7q, I personally mailed at the United States Post Office in s i uc 1 , 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 ---11—rif"ied from the official records on rile with the Assessors, or ( ) County - — for every property which ®S ENDER - ° Complete `. alar right-of-way of record, IV items 1 and/or 2 for additional services. © Complete items 3, 4a, and 4b. ® Print your -name and I also wish to receive y address on the reverse of card to you. this form so that we can return this o Attach this form to the front of the pennrt• the following services (for an extra fee): mail i P ice, or on the back if space does not o Write "Return Rete/pt Requested" on the mailploce below the article number. o Ths Return Receipt will show to who the article delivered. 1 Addressee's Address 2• ❑ I I�ture) S was delivered and the date 3. Article Addressed to: Restricted Delivery C) N O-cv-- iy o — Consult postmaster for fee. C/) (� 4a. Article Number '@ 4b. Service Type � � U .Ji ❑ R 6 eglstered C ❑ Express HOLD IRCertified I El I tum e e pt, .❑ Insured / ph or Merchan se COD 7. Date of Delivery 01 5. Rece Ned By: (print /Name) APR 19 1999 8. Addre see'S Address (Only i/ rdq�uested [ e 'si ItCet of paper, the l®t numbers next6. Signe; (Addressand fe ee or Agent) r as F 9pCd°('. mailed 'DS Form 3�b 9, December 1994 102595-9e-8-0229 Domestic Return Receipt rua� > � M o ® o c C) N O-cv-- iy o — E C/) '@ Z u" °a U .Ji �r�VLLbITj,gy.I o -C ` ta m°O «t �N Ea R m r Np C aZ U m ¢ cc f3 9661. ludd '®®EE wjod Sd orn c, s '?, geoLA- rz,, J I korrvclo <1 , r) U'L 61.c, rr1 U E. Lq-rev) o (z `�( oLL. old, I I cn ! I/ 'bc'YiS 'm, C).- 118 v (t) K -0- (-P .--0- (- (U I I��crJC I DUZ 60 �L a �� 1V ( I Kvt At �r� �Iv(a���l�C;ti �,`� --70 - S - � 3 s/C) Z-Q-nY\ �u Her), I 9 1 _ Stick Postage stamps to article to cover First -Class postage, certified mail fee, • P 9 I i i charges for any selected optional services (See front). 1 If you want this receipt postmarked, stick the gummed stub to the right of the re Cb St! address leaving the receipt attached, and present the article at a post office ser xoq yap ag�oc� window or hand it to your rural carrier (no extra charge). 2. If sayt � 1. _ ^ r _...• B a you do not want this receipt postmarked, stick the gummed stub to the right of return address of the article, date, detach, and retain the receipt, and mail the article. :�dSn UJ8d vU I. -E) 0WJ9d f3. If you want a return receipt, write the certified mail number and your;name and addrf on a return recei t card, Form 3811, and attach it to the front of the article by means of I elsOd ; P p18d seeJ8SJ9 I gummed ends if space permits. Otherwise, affix to back of article.'Endorse front of arlii iTW s-1 : i RETURN RECEIPT REQUESTED adjacent to the number ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK _ _ _ ---------------x In the Matter of the Application of -I �a (Names of Applic s) Parcel ID 41000- / jb - - 2 --- ------------------------------I-----x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS On the 12 day of __Apr. ,19 7q, I personally mailed at the United States Post Office in�1 G�-� L4,JS 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 assessmessors, or ent roll verified from the official records on file with the for property which Real Property Office abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. �(,sgnature) Sworn to before me this cu `6A— day of,19 (Notary Pub ) PLEASE list, on the back of this Afffdai,il or on a sheet of paper, the lot numbers next to the owner names and addresses for 1ph; ch notices were mailed Thank you. 4.If you want delivery restricted to the addressee, or to an authorized agent of tl — addressee, endorse RESTRICTED DELIVERY on the front of the�article. SUSAN fl t to of New II 5. Enter fees for the services requested in the appropriate spaces on the front of th Notary Public, State of Neva York r.i receipt. If return receipt is requested, check the applicable blocks•in item 1 of Form 3811. No• Suffolk 7 Qualified in Suffolk County coq li ;; 6. Save this receipt and present it if you make an inquiry Commission Expires Nov. 9. 19W �fl 102595-97-B-014' I k YIKti� residing at SDs 0,1�_6-- New York, being duly sworn, depose and say that: On the 12 day of __Apr. ,19 7q, I personally mailed at the United States Post Office in�1 G�-� L4,JS 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 assessmessors, or ent roll verified from the official records on file with the for property which Real Property Office abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. �(,sgnature) Sworn to before me this cu `6A— day of,19 (Notary Pub ) PLEASE list, on the back of this Afffdai,il or on a sheet of paper, the lot numbers next to the owner names and addresses for 1ph; ch notices were mailed Thank you. 4.If you want delivery restricted to the addressee, or to an authorized agent of tl — addressee, endorse RESTRICTED DELIVERY on the front of the�article. SUSAN fl t to of New II 5. Enter fees for the services requested in the appropriate spaces on the front of th Notary Public, State of Neva York r.i receipt. If return receipt is requested, check the applicable blocks•in item 1 of Form 3811. No• Suffolk 7 Qualified in Suffolk County coq li ;; 6. Save this receipt and present it if you make an inquiry Commission Expires Nov. 9. 19W �fl 102595-97-B-014' I ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK In the Matter of the Application of (Nam4pIicat)� Regarding Posting of Sign upon Applicant's Land Identified as 1000- -7 p - $ - e x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING residing at SbSS-�J� e- ,L"oNew York, being duly sworn, depose and say that: On the 1) day of - � -r' 1 ,19-5a , 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, whiM;g inn to be Y 1 22 �. Sworn to before me this 11,x' day of APr;1 , 19. . AL J (Notary ublic) *near the entrance or driveway entrance of my property, as the area most visible to passersby. SUSAN M. JACOBS Notary Public, State of Now York No.4912037 Qualified in Suffolk County Commission Expires Nov. 9. IM 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 22,199 ) at the time noted below (or as soon thereafter as possible): Variance is requested under the Southold Town Zoning Code, Article III -A, Section 100-30A.4 (ref. 100-33) based upon the December 29, 1998 Notice of Disapproval for the reason that (a portion of) the accessory inground swimming pool is in the side yard area. Location of Property: 505 Custer Avenue, Southold, NY; Parcel 1000-70-8-24. 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 2, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski VNk/9AlCF- SWiaHl�r✓GPoeL Loas)Ticic/ NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: PAC-r,C& W1A17`,*6,eS DATE OF PUBLIC HEARING: %Buis )qP,e,Z .22, /999 � � S�oP,,,. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD (516)765-1809 .SDS C&Soor&& )QvE.. April 1, 1999 Re. Chapter 58 — Public Notice for Thursday, Apri122, 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 newspaper, the Town's official newspaper for 2/1999-2/2000. 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 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,