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4766
'� '�'�' _.. _ __. _._ __ _._�__._r_ ____.___�_._ _ �_. �____�____..__.___.___._._..._______ .___...� APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning �O�gpFFO�,�C G COD I • x BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19, 2000 Appl. No. 4766 - JAMES WHEELER 1000-59-3-7 STREET & LOCATION: 540 Chestnut Road, Southold DATE OF PUBLIC HEARING: December 14- 1999 and January 13- 2000 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-J064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 27,100+- sq. ft. with 221.58 ft. frontage along the south side of Chestnut Road, Southold. The property is vacant land, 104.53 ft. deep at the easterly side and 118.70 ft. deep at the westerly side. BASIS OF APPLICATION: Building Inspector's October 18, 1999 regarding Section 100-244B because the new dwelling is proposed with a front yard at less than 40 feet and rear yard at less than 50 feet. AREA VARIANCE RELIEF REQUESTED: By application for a building permit dated July 16, 1999, applicant proposes a new dwelling at 35 feet from the front property line and deck addition at 28 feet from the rear property line. 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 area variance, as alternatively approved, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the lot is very wide with a shallow depth. The alternative relief denied the rear yard variance for a deck, leaving only a minimum reduction in the front yard and minimum reduction in the rear yard at 44+- feet. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because of the topography with multiple contours on the lot which lends itself to construction on the highest possible grade of the parcel in the proposed location. 3. The alternative relief granted is not substantial based on the setbacks from the road of existing houses in the neighborhood. 4. There is no evidence that grant of alternative variance relief will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created. Page 2 - January 19, 2000 Appl. No. 4766 - J. Wheeler (1000-59-3-7) Southold Town Board of Appeals 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 dwelling, 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 DENY the 28 ft. rear yard variance for a 16' deck; and BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF approving the front yard setback at 35 feet and the rear yard setback at 44 feet at its closest points, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance with recommendations of Robert M. Marsteller, Jr., P.E. Option 1 (A) dated January 17, 2000; applicant shall provide drainage on applicant's site (see drainage plan dated January 17, 2000 prepared by Robert M. Marsteller, Jr., P.E.). 2. Applicant must place all downspouts from roof gutters into storm drains. 3. Hay bales must be placed during construction activities at rear of dwelling approximately 25 feet from foundation and extending 20 ft. in an east -west direction. VOTE OF THE BOARD: AYES: Goehringer, Dinizio and Tortora. (Member Horning was absent/excused earlier.) This Resolution duly. 0 !, GERARD P. GO HRING CHAIRMAN G For Filing 2/1/00 Attachment (1) „ , i� T, D i; j�� ED BY .+� •c^tnt4l .nvi i^-ewxs..y,:�;„ ± asr, Section .1i00 30A v � �tltis22,524,` � a- 3 �auudTb.le IIr r,a rgmo 33033303" ung of forth an '... - rest[mts ,tits± .¢roperlp, x ' - another dwelling and'`{3 �" � : i- Arhde IIIA, Searoa 1110 30T _ _ " .'"" � Deparbaen�'s August 2.71999".r� s � � - of IhsaAPrAva1 which a '�' - t ULD TOWMR Yto�iosed constructioA oC• r OF APPE.ALSt R8 Pttte� g DAY, 'r' suant'to A{gcle HIS, Se EMBER 14, 2999 r 1GA(D wb¢h alross'`o ..�'IS HEREBY C�r�T,YEN;, - detach ,gd,:dtYellmgs, n°rt taex . �`Secdon 267 of tTown ou�,dwertin�oa eachlot ' -Code of the of P=PJ.eCt isll4cated on a;lot ? Of MattltUCi{, 'followmgapptlt�ions §a,�n°P�QnafY4'... i` 1 orpubliche fit a3SrE n, says that he T©WN B,' OF. 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A, f SO feet , om fhb Ftort scant esrtdet t` i v O• ` l sbd� a hs ,te '� - substaitd poi io>�g ,Propertyaeoffi4rmut 'v Puna, Ci�,tc o t$° WW-- i,¢ja "eonf nopplitt�anjaglot Ivhi Ra , LNowi'( B't-1' bmommoa- sp¢ rp thefas t g{# 4 a Bed ax[t1 04 W, _ "A, Seecnoa 100 �2(B)'L _ j'Yor tenial of irpCma0rc*'s.oca�`- { Ltp t 0m6yi e. *.I.SL•e ihla%4 "�,� ' ytaLto the resr�e , , �„ Pa "- this" dwei `-73"0 it Aveaue $onili- ,� .,i ' % P4r6,61N �? 9 nndart t .. 233j base for „o `. meetg „9 at— V,rel 'oce" hPPhe4(fbr °.. � pecrat n s as sin, w'-enc'10-;� P.rtAc Sectch tr Cate bele gltk h$q ' - Loc3nan of,arty- F{rk $ht-ofva ,(Y"t�vatE;tRaad+n,a5 !to u g hbrtt ,loat4' " �` S I ( jt Orient 'eoun`y tOe les"'F3'ased" 10004�q 34i r - aFP A' I lUo. 465 PaS�m n ohcei 'i' at.�. LII =REeYypp —6ff ja AY, th T ape"" es�ihaC :E. n �" Pursuant to .Artic`l~e LXan; IL FORM NO. 3 Obs (� a, 2a) rfror TOWN OF SOUTHOLD BUILDING DEPARTMENT eH Sce- e -S SOUTHOLD, N.Y. y� `> NOTICE OF DISAPPROVAL DATE; October 18, 1999 TO Zoumas Contracting A/C James Wheeler PO Box 361 Wading River NY Please take notice that your application dated July 16, 1999 SS 3 3 For permit to construct a one family dwelling at Location of property Chestnut Road Southold County Tax Map No. 1000- Section 59 Subdivision Filed Map # Block 3 Lot 7 Lot # Is returned herewith and disapproved on the following grounds Proposed construction is on non -conforming lot ( 27,100 sq_ ft. I pursuant to Section 100-244.1B construction requires a front Authorized Si ' a ure FORM N0 l + BOARD O5 &D OF" HEALTH ......... • ETS OF•fPLANS ................ TOWN OF SOUTNOLD SURVEY;.1t .. ; .: ' ............... BUILDING DEPARTMENT CHECe c..................... TOWN BALL SEPTfCtBORM' ......... . ........ SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: Q q. Examined................ .'19:... MAIL TO.....'.......,........ Approved.................. 19 Permit No Disapproved a/c �QU � CONTRACPMaCji�6P,.. P.ti. fox 361 ....... Wading River Ny- 11792 ryry (Building Inspector) U APPLICATION- FOR. BUILDING PERMIT r qq ..Date.... 2.«....... 19./..� 6- RS - INSTRUCTIONS rs,=app rcatioa-mast be'conpletely filled in by typewriter or in ink and submitted to the Building Inspector with 3 seta :of P1 accurate, plan to scale: Fee acxpxding'to schedule: b:. Plot'plan slwwing.loc?ation of lot and of buildings.on premises, relationship :to adjoining premises or public 3C areas, areas; and giving a detailed description of layout oF,'pmperty must be drawn on the diagram which is part of ' his�appTication. c. The cork covered'by thus application finny not be cmmenced before issuance of Building Permit. -�`.1. Upon approval of this application, the Building Inspector chill. issue, a Building Permit to the applicant. Such .;�ennit shall be,kept on the premises available forinspectionthrougiout:the work. e. No building shall be occupied or used in whole or in part for airy purpose whatever until a Certificate of _)-cupaocy shall have been granted by the Building Inspector..; .:.: API'L1<CATION'IS UMM MW to the Building Department for the issuance of a Building:�Permit pursuant to the iSuilding Zone Ordinance'of the=,Town,-of Southold, Suffolk County, New York, .and other applicable Laws, Ordinances or ,Regulati'ons, for'.tbe cons ion of buildings, additions or alterations; or for remdal'or demolition, as herein (described. The applicant, agrees to comply with all applicable laws, ordinances, building mile, housing code, and `;regulations, and to admit authorized inspectors on premises and in building for.necessary inspections. oc3 Y✓L Z Q-7: 4. (Signature of applicant, or name, if a co ration) Jp (MarlrrSg address of applicant) Vl State cAaether applicantis owi>e� lessee, agent, architect, engineer,'general contractor, electrician, plumber or builder. (Y�1,1(c Dom:.... cv e� Sfine of owner of premises .....: .......... ............... .............................. (as on the tax roll or latest deed) iTf app cant is corpora ion, signature fof dulyauthorizedofficer. ! (Nae and title o co 4�rate officer) ,r 's Builders License No. ......................... " 'Plumbers License NO..... ....30&0 ....... ;y Electricians License No. ..................... Other Trade's License No. .....;............... , #� Location of land on vbichh p,)opos6f work will be done....'..... ....... ...:. .............................. .. _.., .....:. ...a. Ap ......... ...... cx, rl�L......... .................... . Hemmer a! ]louse Street�-q (hamlet County Tax Map No '}OOp Section ! Block .. Int -7 ii ..... Subdivision ................. Filed Map .No. ............... Lot .(Name) _ .. State existing use and occupancy of premises and intended use and occupazxy of proposed construction: a. Existing ,use and occupancy .... R..Cc�.�:: ........ :..... .... ..:. .............. i�,� b. Intended use and occupancy ..'....N�........... ...... ..... y...... .. ............ 3. Niture of wrk (dieck i:hidu.applicable):' New Building .. ••.. Addition .......... Alteration .......... Repair .. Removal c....,... Dawlition ............ Other Work .................... ............., (Description) Estimated Cost�� fl O,o �n ........ fee .............................................. (to be paid on filing this application) S. If dwelling, nnber of dwelling units ............ timber of dwelling units on each floor ................ Ifgarage, runner of cars ...................................... S. If Ixisiness, canrercial or mimad occupancy, specify nature and extent of eadu type of use...................... 7. Dimensions of existing structures, if any: Front................ Rear ............... Depth ................. ❑eight .............. 4inher of Stories ....................... Dinensions of'sone structure with alterations or additions: Front ............... Rear ............... DepCh .................... lieiglut .................... Umber of Stories ... !<. 8. Dimensions of entire new construction: Front .. .. Rear ....(3 r� ... Depth 1feijil ......... S........... Urber of Stories ....: �:........... : 9. Size of lot: Front ...... ......... Rear .... U: I .......... Depth ..�� �.... `,.... IO. Irate of Rrrdase ..................... Name of Former Owner ......O:CIC::�.....iti..W[!'y:i!f..�"' 11. Zone or use district in Aiidi premises are situated............................................................... 12. noes proposed construction violate any zoning lar; ordinance or w1ation. ........................ 3. Will lot be regraded — Wrll s fill be rte Isom premises: yo to 14. Nares of Owner of nranises? ..W..ress .... lone No... ....,,, Name of Arditect Adclress.`.'f�i [�.�'. ['fwne tSoo"�, 1,bne of. Contractor U M' S: ...` r ,.�. ,.. Address PQ � ;!7 . Y.: �.�.Aione No. 15. Is this property within 300 feet of a tidal wetland? * YES .......... N,P .......... *IF YES, SOLMUZ MN 1Td)SIT+LrS PaHrr 1W BE =G Hw11. PLOT DIAGRAM Locate clearly and distinctly all buildings, u ietlser existing or pr ''indicate all set-bark dimensions frrn) property lines. Give street and block mirber or description acgord' ead isim street nares and indicate �At ether interior or corner lot..', t �. 1 ' • �U SCS:. �� ' far cl"p')u SMIE, a' N37 YORK, G SS i - c1a3NlY cx ✓ k F.!LIC_..... .. .... ............... ..........wing duty swa n,.deposes and-says Lkat he is the applicant (K-e of individual signing contract) alx:ve nsrred, - . HQ is the .......... :^.^."!.- ...............................................-... ........... (Contractor, spent, corporate officer, etc.). of said cxn)er or owners, and is duly authorized`to perform or have perfarmel the"said co ao d�to makeand file this application; that all statements contained in this application sire true-to Elie lest of Iris knowledge and bcliol',;-.;sixd. chat the work will be performed in the manner set forth in the applicatr'an filed therewith. to belu_Fp, me this . .....,1. .........da7y,.�oE/.. �...1.....19.G;(.... tbCary Riblic ..1C:S'. :....: :� ....... .. .... ............. ... ROSk E SAIEMME (Signal f Applica NOTARY PUBLIC, State 0f NewYo* O1-SA4800B1B Oualilied in Wolk county CP7itR%S.i7PR£YP+FGSjaR[t3ly.3i,�,'A�O�!. COT 1999 1999 TOWN OF SOUTIIOLD, NEW YORK APPEAL FROM DECISION OF'•BUILDING INSPECTOR APPEAL NO. J DATE .............................. TO TI IE ZONING BOARD CSF APPEAL T 1 UTHOLD, N.Y. Ncrnu of Appellant Street and Number ................... �Z- 7 ...«. ......,..FEREBY APPEAL TO Municipality State TIME 'ZONING BOARD OF APPEALS FROM TIDEDECISION OF THE BUILDING INSPECTOR ,ON APPLICATION FOR '•PERMIT ' NO ............ ................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO G.... ...°N �u Nome of Applicant for permit of a......�. ..fQ-.. �t .....� `............. Street. and NuAkber Municipality State (A PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .................... ,.., ..... Street /fiatni'et / Use District' on Zoning Mop District 1000 Section Block Lot �% Current Owner A m 4& 12. wA e c 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 number. Do not girole the Ordinance.) Article Section 3. TYPE OF APPEAL Appeal Is mode herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE. due to lock of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) 'request for a vorionce and wos made in Appeal No......... .. .... .....:...Dated ............................................................... �r REASON FOR APPEAL Y0`,) A Variance to Section 280A Subsection, 3 ( ) A Variance to the -Zoning Ordinance is requested for the reason that ,�n ' REASONS FORAREX VAM ANCE Ot1I,Y -(to be completed by applicant : ariance�" or ""special Do not use these st ndatds fbr. use �r 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: v;pa�L RLsi3> f✓`arPf, /�76Z��ouo41� 3. The amount 4. The 'v physical BECAUSE s - l�erisa2s+ ds/, Pl�n�7Vif 7v of ,relie> requested i- not'substantial BECAUSE 2d'� r^5 zFaqunx�� — ase', 3 ,"re9 f i/� 5 Q %i0z) _T 111J NOT ,have an adverse, effect ar impact on the ririafinentalicand { ons fn the neighborhood or district ahi j �rTrl,iec� +��c� CeA'.+r1 P_144iuk' IV IVi fzz�n� i 5. Has the al ( ) Yes. (X ) No. 6. This Is ,tt same.time pre: th,p health. Se 1eged diff�culty been self-created? Y, aca)a naacy....+... r77 cter+of the neighborhood and mmuhity.' STATE OF NEW YORK) COUNTY OF SUFFOLK)', ((App ) Agent must attach written consent from owner. Sworn to before me this I-V day of 6d&A& . 19 Notary kuDi2c ROSAUE SALEMME NOTARY PUBLIC, SWO Of New York 01-SAA48WB18 ' zzz-tzzzxzxzzzzzz:z: OualifiedlnSuffolkCaurtl ;�rr�� ' =xtl:e/form varltemp CommisionExpiresJmM3i 1 TO1lO/BN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DI-' SUB. LOT / RMER OWNER E ACR. D /G-�'"7 -•G t t"� �s r r. /�,a^ i S W /�Q t� .4. �� TYPE OF BUILDING RES. SEAS. VL // FARM COMM. CB. MICS." Mkt.. Value- _ LAND IMP, TOTAL DATE REMARKS �O.0 � Q4 .. _ . �� , r; .%/ a A-<.ox1.c• a o x ,z o i.�/�6/'G G , � � � DaD Baan.., ,Z `G'7 Z Z > o to Y zo 7.0 Ila AGE BUILDING CONDITION 4 NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value Tillable FRONTAGE ON WATER Woodtand . FRONTAGE ON ROAD 4' 2 y� S� 0 p Meadowland DEPTH rI House Plat BULKHEAD Total DOCK INDEX TRANSCRIPT OF ZONING BOARD OF APPEALS HEARING HELD January 13, 2000 Page 1 - Appl. No. 4766 -JAMES WHEELER 7 - Appl. No. 4775 - DERITH SUTHERLAND 11 - Appl. No. 4776 - DAVID CICHANOWICZ 15 - Appl. No. 4777 - SUSAN & STEVEN BLOOM 45 - Appl. No. 4778 - CRAZY CHINAMAN CORP. Appl. • DAVID & ANN CORIERI Page 1 - January 13, 2000 Board of Appeals Hearings TRANSCRIPT OF PUBLIC HEARINGS January 13, 2000 T` SOUTHOLD TOWN BOARD OF APPEALS (Prepared by Lucy Farrell) 7:04 P.M. - Appl. No. 4776 - JAMES WHEELER Continued hearing from last meeting. Rear yard setback of proposed dwelling location at 540 Chestnut Road, Southold. Mr. Jon Zoumas, Builder -Agent. CHAIRMAN GOEHRINGER: (Tape started at this point) receive correspondence from your architect. -MR. ZOUMAS: Architect -Engineer. CHAIRMAN GOEHRINGER: Engineer, right. MR. ZOUMAS: He went out there and looked at the property did a topo on it and he doesn't think there's a water problem. The water will drain you know, natural wetland. CHAIRMAN GOEHRINGER: Did you have a discussion with him, after my discussion with him on Wednesday, Tuesday? MR. ZOUMAS: No. CHAIRMAN GOEHRINGER: OK. I had a discussion with him on Tuesday by telephone and he's a very nice man by the way. I told him I still had ultimate concern on the topo map. BOARD SECRETARY KOWALSKI: Is that Mr. Tranken? CHAIRMAN GOEHRINGER: No, it's Mr. Nicosia? MR. ZOUMAS: Nicosia. BOARD SECRETARY KOWALSKI: Nicosia, thank you. CHAIRMAN GOEHRINGER: And a I will admit to you what town run-off this town run-off. However, I asked him to relook at it. I probably had no right to do so.. But, he told me he was going to relook. He probably was going to make a recommendation to put a couple of drains in some place on the property. MR. zOUMAS: OK. Page 2-- January 13, 2000 Board of Appeals Hearings CHAIRMAN GOEHRINGER: And that's where we are, OK. So we can do one of i- two things. We can close the hearing pending the receipt of that which we probably should do and we'll give him a couple of weeks to do so and then make a decision so not to hold you up and you can continue this process. And that's my suggestion at this point, alright? If, there is a continuation of run-off after this, we're certainly going to ask you to tell the applicant to discuss with the Highway Super. But the major concern that I had was that there has to be some containing on the property other than that wetland area which is presently dry. MR. ZOUMAS: Right. - CHAIRMAN GOEHRINGER: OK, and the Board could put stipulations in also, that there'd be haybells around the foundation or ( ) you know somewhere around the house during the period of construction until such time that you put you know some sought of storm drains in for the down spouts on the house. I don't know if we're going to do that. or not. I haven't discussed it with them at this point but he told me that his feeling was that in dealing with this piece of property that if it was completely untreated, OK, there was a possibility, that the water would run and would dissipate on it, and so I said to him, well that's fine. said,. but I'm not suggesting that you Totally take everytree down on this piece of property because I think it .may exacerbate the situation:, So he kind of agreed with me after that discussion.. MR. ZOUMAS: O.K. CHAIRMAN GOEHRINGER: That's what he said he was going to do. He said he was going to relook at it and that's where we are, OK, alright? So we'll see what develops. MR. ZOUMAS: OK. CHAIRMAN GOEHRINGER; Thank you. Anybody else like to speak in favor? Anybody like to speak against?' Mrs. Price, yes? MRS. PRICE: I just have a question CHAIRMAN GOEHRINGER: W I e hope we can answer it because the engineer is not here, OK, MRS. PRICE: I'm just wondering. I'm noticing that the setback from the rear yard is supposedly it's suppose to be 50 feet and there only'allowing 28? CHAIRMAN GOEHRINGER.. ,H n, hm. - Page 3 - January 13, 2000 Board of Appeals Hearings MRS. PRICE: With this problem, why is that being allowed? CHAIRMAN GOEHRINGER: This is proposed. It's not being allowed.. MRS. PRICE: OK, but is that a factor that we're looking at? CHAIRMAN GOEHRINGER: Oh, sure. MRS. PRICE: I mean I think that's going to exacerbate the problem. CHAIRMAN GOEHRINGER: OK; I just have to tell you that in the past we've done several things, alright. We have allowed people to construct the house without the `deck and we tell them to come back Fater. Conceivably run-off is a concern to you. I assume privacy is a concern to you at this point. MRS. PRICE: Definitely. CHAIRMAN GOEHRINGER: ,, There are also situations where either at this hearing or subsequent hearings concerning this deck, we'put landscaping plans together so that there's an appropriate amount of three foot,. sik foot, eight foot evergreens placed; 'you know; so. that's another situation..-: I don't think we've made a decision lat -this point: if we're addressing that. at you know, in a toll situation. ["'don't mean to be you know, elusive or that's�where we are at this point: MRS. PRICE: OK, .but it is being considered,. OK? CHAIRMAN GOEHRINGER: Oh, sure, yeah, MRS. PRICE: Alright,. and there'll be another. meeting? CHAIRMAN GOEHRINGER: I don't know if" there will be another meeting. We are waiting for another plan from Mr. Nicosia on your first*.issue of you concern regarding water run-off. MRS. PRICE: ,OK. CHAIRMAN GOEHRINGER. .And that's what caused me to speak, to him on. Tuesday. MRS..PRICE: I believe there's another neighbor who, is involved He can't make it on Tuesday"or Thursday nights and is unable to voice his opinion but the Riccos are very .concerned about .this also. CHAIRMAN GOEHRINGER: Do they live "dicectly in back of you? Page 4 - January 13, 2000 Board of Appeals Hearings MRS. PRICE:, They live to the side and it's that big piece of property. It's a - CHAIRMAN GOEHRINGER- Right, yeah, they actually wrap around like this as it Comes down. MRS. PRICE: Yes, yes.' I believe he spoke to -you today? CHAIRMAN GOEHRINGER: No, he didn't speak to me. MRS. PRICE: He didn't speak to you? CHAIRMAN GOEHRINGER:. No. What we're trying to do is try to the best of our ability to get this water to stay on their property and We think that that's a positive.. I think it's apo.s.itive stay. MRS. PRICE: Yeah. CHAIRMAN, GOEHRINGER: So, you know,' we'lldo*' that. 'Do you want to address any -issuos,on the deck at this time? ICE- I'm not n. 6vo"`r of the deck. MRS. 0'Rk I"would like them to hold on to their tback. -mean ft-� just exacerbating -- problem: setback. us ce,rb&tinq the CHAIRMAN GOEHRINGER -OK. Thank you. MRS'. PRICE— .-Thank you. CHAIRMAN GOEHRINGER. 'Anybody else -like to speak or against this? Any y questions from the: Board or anybody?, No, OK MS: You. know, [..,have, I'm sorry. CHAIRMAN GOEHRINGER: Yes. MS COOPER-- .1 come later. CHAIRMAN G,QEHRIN.GIIER, You have to use the mike, ma'am. MS. COOPER: I'm Coming - ' to t' this situation. My name is Jean Cooper, and I'm a, tesidbrit of the Town of Southold. I was just curious with the changing and zoning that we've done:,. I was just as a general question as we go forward' with the Town Planning and so on. I know that the master. plan is c6lidd for a f ti t OZdhe, 0 6' rties.-, upgrado-iofloiglie's WO�Vezreasoned; taken a lot ro o o time or We've taken commercial uses- away from rop ekties that use to be toned P0 Page 5 - January 13, 2000 Board of Appeals Hearings commercial and we've kind of changed everything around and I'm a. little perplexed where we already have in place guidelines as to setbacks to try and maintain what the town has even gone beyond to try and make even better and we've got asituation where we have fairly reasonable setbacks which are not Unreasonable setbacks and here we have a situation, we have a 50 foot setback and for whatever reason it's on the table to change that 50 foot setback to something that is,less, 30 feet less or 28 feet less than what it should be and I understand the need for the town to go "ahead and . accommodate property owners to go ahead -and build within .the type of homes that they want to. build which is fine but I do have a concern where on one, you know, the Zoning Board of Appeals where we -can come knowing that we have these town guidelines. They're not.'new. CHAIRMAN GOEHRINGER: Right. MS. COOPER: 'Anybody who buys a piece of property, anybody who goes to their architect needs to build within these'setbacks. CHAIRMAN GOEHRINGER: "Hm; hm. MS. COOPER: We take that piece out-. Now we're dealing with a situation; very nice. people,•. Very nice, j! eople, OK, we want to accommodate them t6 haVe changes in these :guidelines' as' far as tM";' etbacks, but l think it goes against what thei,&O- all `'goaL. has been. of the town to maintain quality of life and even if it exceeds. if lvow� it "may be .that.'there- are only one or two families that are of .ected but t .think .that the run=off is also a problem. But -.11 do have concern just in general .that 'we- go, ahead and change zoning on properties but "then when we're talking;'about a major' setback we're only talking, we're not talking a variance for, foot or afoot. and a.half; we're talking a major variance and just as a resident of .,the Town of Southold I don't , I would not appreciate those types of actions b'ein'g taken unless there is some. real extenuating circumstanees� that it would have to be:, CHAIRMAN dbEHRINGER:.Hm, hm. MS.. COOPER; It seems to go -'against our master plan that we spent so ;much time and energy to put in place.., So when you consider -these variances and. so on, L think I would encourage you as my, you know, = CHAIRMAN GOEHRINGER-,. 'Representative: MS. COOPER'.Advocates to really take into account it's not just an' 'individual that wants to build maybe a bigger" house grid have a. bigger deck :or so' �on. It also affects tle;quality of .life because if o_ne can dd it, another can do it`and'so b , ,. Page B - January 13, 2000 Board of Appeals Hearings on and so forth. So just when you consider that, I'd like.you to take also into -that consideration. - y CHAIRMAN GOEHRINGER: Sure, no problem. Thank you. MS. COOPER: That's it. CHAIRMAN GOEHRINGER: Anybody else like to speak? MR. ZOUMAS: Can I say something? CHAIRMAN GOEHRINGER: Mr.. Zoumas, sure. MR. ZOUMAS:.- I don't want to offend the- Zoning of Southold, but this. ' is a buildable lot, right? What I'm.going to do, even if this thing does not go through, = = don't own the property yet. So far I'm in like $5,000 in expenses. I will buy the property and I am going to stick a ranch on it. I'm just letting these people know. Right now I'm doing a beautiful four bedroom Victoria. But I've already spent' $5,000 and I'm not - �oin - t. let. that money o to waste. A Will, the. he., -property g g Y 9 Y. " .r. and I amgoing,to build a little ranch on there 1200. s ft. ;or 1.100` s `-, ft.; "so they'.re going to give mea .Building Permit. If I stay.ori tf e. 28 foot width `6. e house, front. to back,: and :l can. go 60-70 feet long, there .should be ° h,o problem on tte Building, Perrriit. They .might ask`me to do some drains:; I':rri willing, to. do them:` So l justwanf.ao let ahese people know that no mattes what,. I' am. going 'fo build on thatproperty.. - .,. _ CHAIRMAN GOEHRINGER: Thank you. MR. ZOUMAS: ,You're welcome: G,HAIRMAN .GOEHRINGER: Hearing no further comment 1.11 make a° notion closing the hearing, pending the receipt of the new plan from Mr..IV•icosia.;° MEMBER HORNING' Secohd. :.. CHAIRMAN GOEHRINGER: All in favor? Motion carried. See Minutes for Resolution. 3r: i ap January 17, Gerald P. Goehringer, Chairman Board of Appeals Southold Town Hall Box 1179 Southold, New York 11971 Dear Gerry: JAN 18 I would like to thank you and the other board members for listening to my opposition concerning Appl. No. 4766. I was very pleased to hear that Mr. Nicosia was willing to purchase this property and build a home in compliance with Southold Town's zoning rules and regulations. Indeed, the proposed construction poses no hardship to him. He does not yet own the property. Conversely, it definitely represents a potential hardship for me and serves to diminish the quality of our neighborhood. I must say that I do resent the fact that Mr. Nicosia deems it justifiable to come into town and propose a change of zoning rules in order to accommodate a potential buyer of a piece of property. He obviously became aware of the zoning codes when he explored the possibility of buying the property and building a house on it. Why would he assume that these rules excluded his proposed business venture? Thank you. Sincerely, Charlotte A. Price �a D January 22, 2000 Gerald P. Goehringer, Chairman Southold Board of Appeals Southold Town Hall Box 1179 Southold, New York 11971 Dear Gerry: I received Mr. Marsteller's grading and drainage plan concerning SCTM 1000-59-03-07. Mr. Marsteller is clearly misinformed to suggest that the soil is "well -drained and permeable". This is simply not the case. My property has six large ring dry wells. The double dry well in my driveway is effective only in moderately rainy conditions. Flooding consistently occurs with significant rainfall. Needless to say, I found Mr. Nicosia's threats directed at me during the last meeting very upsetting. I ask you to support my position. The proposed house should be located closer to Birch Street. All the runoff must be retained on the sight. I continue to believe that the zoning rules and regulations are meant to preserve the integrity of our area and gross deviation sets a n unwanted precedent concerning future development. Thank you. Sincerely, Charlotte A. Price TRANSMITTAL MEPdO i l TO: ZBA Chairman and Members (P FROM: BA Office Staff DATE: p . /y/ Q2,19v SUBJECT: File Update -��� With reference to the above application, please find attached the following new information added to the official ZBA office file: v- - ----- --- - ----- ------------------- -------- -- ------- !.1 Comments: --------------------------------------------------------------- ---------------------------------------------------------------------------- Number of Pages Attached: TrMemo.doc E i I ' �� jaj' SUBMITTED TO Robert M. Marsteller, Jr., VE. coonsulting Engineer 32 Vidoni Drive Mount Sinai, NY 11766 (516) 331-4833 January 17, 2000 ENGINEERING DESIGN. REPQRT GRADING AND DRAINAGE PLAN SCT2L-100.0-55-03: 07 Chairman - Town of Southhold Zoning Board of Appeals I- have -been retained -by Harold -F. Tranchon,. Jr., L.S. to evaluate the site and prepare recommendations for drainage and grading. Mr. Tranchon told< me that there are concerns relating to the potential effects of the proposed construction on the adjoining property to the south and east. I submit my findings and discussion- to. -the Board for. consideration herewith.. The existing site is undeveloped and forested and lies approximately 1300 feet_ east_ of Great Pond., on- the. southerly _side. of Chestnut. Road.. Relief of the site runs between elevations 70 and 64, with the property pitching to a low area -to -the -rear of the.property near the -southeast corner. Suffolk County Department of Health Services Groundwater mapping indicates groundwater at about elevation 5.0 in this vicinity (that mapping --is for general contours only; local conditions may vary significantly due to the effects of both seasonal .high water and -perched water). Soil Conservation Service (SCS) traps of the soils indicate the site is located within either the Riverhead or Plymouth soil complexes, both of which are well -drained and permeable. Applicant proposes to construct a single family residence on the westerly (uphill) side of the property, The low area at the rear of the property (shown as "Wetlands on Map of Lewandowski") is likely_an area of the Scio soils complex that is found in isolated areas within the mapped soil complexes (Riverhead and Plymouth.) The Scio complex is a loamy � silty.typa of soil that retains water and evidences a seasonably high water level (water within 2' of the surface). My analyses and calculations are predicated on the need to control water that fall on this site; I have not attempted to analyze or control runoff that is generated from other properties or areas. To avoid additional runoff to the rear of the property, I recommend that the proposed house be set as shown on the attached Grading and Drainage Plan, with a first floor elevation of approximately 71.0, drive pitching out to street, and roof drywells sized to store and recharge the runo€f from a 2" storm. The Drainage and Grading Plan presents two (2) options for the consideration of the Board. Both options provide sufficient drainage to store 2" runoff from the post -development site. The location of the drainage structure is the major distinguishing characteristic between the options. Town of Southhold Zoning Board of Appeals Grading and Drainage Plan -SCTM 1000-59-03-07 January 17, 2000 Page 2 OPTION 1. mown: -as: A --on. ak&�� plan). . It would be my recQ ndation that clearing and regrading associated with the construction be -limited to -the westerly --1501 /= of the site. Site should he graded to pitch to a proposed 81 diameter x 81 deep leaching Pool located in the vicinkt- .f -olq- the- ex.&.%t:Lng--low_ point at contour- 64 on the plan (towards front and center of the site) , This option minii-ndzes clearing and disturbance_ of the site- -and- keeps--theL- new- construction. away from- the low "wetlands on Map by Lewandowski" area. It also allows applicant the beneficial- use- of the site- by-- &1 1-owlng, use of the - side-- yyrd - ar- ea- I prefer this 9ption as construction of a drain at the loW point along the rear line - Coptkon_B)--- would run the -.vex -y si gni f_; cant,_,3:.isk_.of_ creating- a -means.- to-_ drain water from and through the existing low area. The drainage provided has been s -j -z -ed for- a 211 rainfall event., and- makes-- de -f initIve-provision. for- the runoff generated from the "improved" portion of the site, I point out that the calculations .pr-av:Lcle--atox.age--fo.r---21-1. from`. the_ entire.- --,±.te-; .we_. are not proposing clearing and regrading of the easterly portion of the site at this time to min.-imize- disturbance- of the pX-qRt-_mty_. 'this: option leaves --the- easterly area of the site uncleared and undisturbed (m aintainin at least some of the existing runoff. to- the- low area)- , Leet-. it-. conta±ns- the-- runoff_ from- the-- disturbed, improved area of the site. It is my recommendation that the construction shown the- attache -d- pla--be- accepted asthe preferable- means s to develop the site and control -runoff from the post -development site. QPTIOM.-B__- PROVIDE DRAINAGE--STRUCTUREAT REAR OF LOT This=- optiGrr- ±s:- -rediE—tad--os=-an_-aasump --that-±t is- the intent of the des-ign to- intercept— all- rurraff- - that- 1-s- czi=ently reaching the low point behind subject- property-. As thl's, -option has- the -potential for 1�dralningjl- the- wet sod -l -m- ia-th-at:.- locatl-om,. an&-- 1-t will involve- additional clearing and disturbance= to- 1ns*.-&k1_-the- drainage- at this location. My recomrtenda-tl,orri:s that this- option -not-bel-dented- urklwess it Is- am-itipal that a:11-_ -r=orf-E -ftom:-and -across=- thiz--site--be d±rec.te&- to a_ drainage- structure . I trust that the discussion herein and the attached Plan will prove of use in y -our deliberations concerning the proposed development of the site. Respectfully submitted, ise� l� (' Robert -M.. Hersteller, Jr-., E. 151AAOOI.R-F 14 -IT CC,. H. Tranchon, L.S. BIRCH 0 11 68 \ 68 deed\04.21 M` S.41° 28'40'_'E act 194, . 3' o� N N \ To A#—;iufAY t �, / 6 6 t� N I Q6a O �1 crWe EI / d�I :11 I e i l � 1 J z - - 35 A 710/ Ln lit U v .ivy• ,��5 R k - �i �•z . /�• 70 sor 693 ,fit.. `n . \N. 42o 20' 34"W act . a ct.11, 8.7C N\. 42 ° 1 8'59'W deed Gleed 119-10, 70 7/0-. 0. J 0 I KEN N EY' S ROAD .61 ?v �\ r ax' r v / W/NVL APT A%- 43.5"t ---64 WET LAND 5 AS SHOWN ON SURVEY BY A. W. _64 LEWANDOWSKI DRY ON 6-9-1999 TIME OF SURVEY _pop -v 0pr,ow A • Lim *T op 6- sit op'f+oa fq -Sox &OPOWD C~w&vM&yp-) — 08 0 O r .� (ALL OppTioN, 1. 7919 PIAN PREPARED AS OVO4AY ®SURVEY FOR GRADING PLAW)BY WO Lo F. IRAN Cti ONE J R -, P. C., QkTW 12 tate 2 IFWNAGE LCV to r Pn0 F IJS PRO)IIDE' S DIAMETg'R X 6 rEM 253q OR EQUIYALFNY wD DRAw d ECK 320sf x a' x e4% : 3ad f th1NNNARD lBSDOSf ic;rX Od % Z 308* 320ef"ofred pRovrpF g Dttf+MME-rER x�D��F�.3f2cF,oR�Qvly^LFrrl' UNAUTHORIZED ALTERATION OR ADDITION TO THIS PLAN IS A VIOLATION OF SECTION 7209 OF THE NEN YORK STATE EDUCATION LAW. COPIES OF THIS PLAN NOT BEARING THE PROFESSIONAL ENGINEER'S INKED SEAL OR EMBOSSED SEAL, IN ORIGINAL, SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. APPLICATION #4766 JAMES WHEELER VARIANCE UNDER ARTICLE XXIV SECTION 100-244B TO WHOM IT MAY CONCERN, WITH REFERENCE TO COUNTY PARCEL #1000-59-3-7. BUILDING A HOUSE ON A PIECE OF PROPERTY OF THIS SIZE AND SHAPE WITHOUT PROPER ACREAGE AND PROPER SIDE, FRONT AND REAR SETBACKS, WETLANDS DRAINAGE IS GOING TO HARM NEIGHBORING PROPERTIES. IT IS AMAZING HOW RULES AND REGULATIONS SETFORTH BY THE TOWN ARE ENFORCED FOR SOME AND NOT FOR OTHERS. I AM THOROUGLY IN OPPOSION TO THIS CONSTRUCTION AND HOPE THAT THE TOWN,BOARD MAKES ITS RULINGS THE SAME FOR EVERYONE AND DOESN'T BEND THEM FOR OTHERS. THANK YOU, A VERY CONCERNED TAXPAYER January 30, 2000 Gerald P. Goehringer, Chairman Southold Board of Appeals Box 1179 Southold, NY 11971 Dear Gerry: r ' J Recently, I communicated my fears concerning the lot on Chestnut Road to a well respected and highly knowledgeable member of the community. The opinion given was that Mr. Nicosia is not entitled to relief from a self imposed hardship. That is, he is attempting to conform the lot to a proposed house when, by right, he should design the house to conform to the demands of the existing lot. It would seem logical that the width rather than the depth of the property be utilized. By doing so, such drastic violations of the zoning rules would be eliminated. It was also brought to my attention that it is commonly known that this neighborhood is sptlttdd"With clay. These clay deposits are a major cause of the flooding. I am very concerned as to why the engineers ieN# overlooked such an important factor. Please take this newly acquired information into consideration before the decision is rendered# thalik you. Sincerely, Charlotte A. Price RYA `4 APPEALS-l.OARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning o�oS�FFO`�-cOG o - cO 2 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19, 2000 Appl. No. 4766 - JAMES WHEELER 1000-59-3-7 STREET & LOCATION: 540 Chestnut Road, Southold DATE OF PUBLIC HEARING: December 14, 1999 and January 13, 2000 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-064 Telephone (516) 765=1809 PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 27,100+- sq. ft. with 221.58 ft. frontage along the south side of Chestnut Road, Southold. The property is vacant land, 104.53 ft. deep at the easterly side and 118.70 ft. deep at the westerly side. BASIS OF APPLICATION: Building Inspector's October 18, 1999 regarding Section 100-244B because the new dwelling is proposed with a front yard`at less than 40 feet and rear yard at less than 50 feet. AREA VARIANCE RELIEF REQUESTED: By application for a building permit dated July 16, 1999, applicant proposes a new dwelling at 35 feet from the front property line and deck addition at 28 feet from the rear property line. 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 area variance, as alternatively approved, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the lot is very wide with a shallow depth. The alternative relief denied the rear yard variance for a deck, leaving only a minimum reduction in the front yard and minimum reduction in the rear yard at 44+- feet. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because of the topography with multiple contours on the lot which lends itself to construction on the highest possible grade of the parcel in the proposed location. 3. The alternative relief granted is not substantial based on the setbacks from the road of existing houses in the neighborhood. 4. There is no evidence that grant of alternative variance relief will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created. Page 2 - January 19, 2000 Appl. No. 4766 - J. Wheeler (1000-59-3-7) Southold Town Board of Appeals 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 dwelling, 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 DENY the 28 ft. rear yard variance for a 16' deck; and BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF approving the front yard setback at 35 feet and the rear yard setback at 44 feet at its closest points, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance with recommendations of Robert M. Marsteller, Jr., P.E. Option 1 (A) dated January 17, 2000; applicant shall provide drainage on applicant's site (see drainage plan dated January 17, 2000 prepared by Robert M. Marsteller, Jr., P.E.). 2. Applicant must place all downspouts from roof gutters into storm drains. 3. Hay bales must be placed during construction activities at rear of dwelling approximately 25 feet from foundation and extending -20 ft. in an east -west direction. VOTE OF THE BOARD: AYES: Goehringer, Dinizio and Tortora. (Member Homing was absent/excused earlier.) This Res ion duIi d'o v t -or rnmg ztwuu Attachment (1) BIRCH . A r i�� 68 w� M l S 41° 2a' 40" E N N �� 7.-P I 68 68 deed \041 act VQ4,t' 66 �F � rn / v v J W1N.N � EL: C3.5� .N N _--64 WETLANDS AS SHOWN --6.q LEWANDO W SKI DRY ON 6-9-1999 TIME OF SURVEY oprroAi A -02ji, 8a --bb CON". 0 -No') U �'JVC. ,v�s '� R 1.0` 7A 3 35 \/rch-7��— + 70 --SO —�.04 P un o \Ln &'36 (A« oPrtdI3) \N. 42. 20' 34"W act. a ct 118.70' 1 I N� 42 ° 18'50"W deed deed 119.10' 0 7 7 o a 0 Ln Im KEN N EY' S ROAD 1. 7913 PLAN PREPARED AS OVERLAY OF SURVI=Y FOR 4RADINS pLAN'W WO LD F. TRANCH0141 dR., P. C., r^T'Ea 12-2DW. 2 pRrgINAGLCU la OFDR S '><93 allyd5if (VV ,^ -d FRO)OVE 9 D'IA,MIEM X VVEEPe AOR EQUIYALENT 'YARD URA1W BECK 3200 r ex69% = 32i{ 4/kW141YARD "04v- /P 7, = 906f - 328ef squired pROyID6 9 Dd' E T1=R xtf DF -EP- N2CF,0R vtwo'L6rri UNAUTHORIZED ALTERATION OR ADDITION TO THIS PLAN IS A VIOLATION OF SECTION 7209 OF THE NEN YORK STATE EDUCATION LAN. COPIES OF THIS PLAN NOT BEARING THE PROFESSIONAL ENGINEER'S INKED SEAL OR EMBOSSED SEAL, IN ORIGINAL, SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. I GRADING AND MAGE F CHFSTNUr ROAD, So VTROb 1/17106 SCM fGW"03.07 Robert M Marsteller, Jr., P.E. 32 VidouiDrive ML Sinai, Ne**Ort 11766 (516)331-M3 151A �C' Y .I January 30, 2000 Gerald P. Goehringer, Chairman Southold Board of Appeals Box 1179 Southold, NY 11971 Dear Gerry: Recently, I communicated my fears concerning the lot on Chestnut Road to a well respected and highly knowledgeable member of the community. The opinion given was that Mr. Nicosia is not entitled to relief from a self imposed hardship. That is, he is attempting to conform the lot to a proposed house when, by right, he should design the house to conform to the demands of the existing lot. It would seem logical that the width rather than the depth of the property be utilized. By doing so, such drastic violations of the zoning rules would be eliminated. It was also brought to my attention that it is commonly known that this neighborhood is sptitt,dd with clay. These clay deposits are a major cause of the flooding. I am very concerned as to why the engineer' feit overlooked such an important factor. Please take this newly acquired information into consideration before the decision is rendere4 'Satik you. Sincerely, Charlotte A Price January 17, 2000 �- i, JAM 18 Gerald P. Goehringer, Chairman Board of Appeals Southold Town Hall Box 1179 Southold, New York 11971 Dear Gerry: I would like to thank you and the other board members for listening to my opposition concerning Appl. No. 4766. I was very pleased to hear that Mr. Nicosia was willing to purchase this property and build a home in compliance with Southold Town's zoning rules and regulations. Indeed, the proposed construction poses no hardship to him. He does not yet own the property. Conversely, it definitely represents a potential hardship for me and serves to diminish the quality of our neighborhood. I must say that I do resent the fact that Mr. Nicosia deems it justifiable to come into town and propose a change of zoning rules in order to accommodate a potential buyer of a piece of property. He obviously became aware of the zoning codes when he explored the possibility of buying the property and building a house on it. Why would he assume that these rules excluded his proposed business venture? Thank you. Sincerely, Charlotte A. Price �,31 .fir APPLICATION #4766 JAMES WHEELER VARIANCE UNDER ARTICLE XXIV SECTION 100-244B TO WHOM IT MAY CONCERN, WITH REFERENCE TO COUNTY PARCEL #1000-59-3-7. BUILDING A HOUSE ON A PIECE OF PROPERTY OF THIS SIZE AND SHAPE WITHOUT PROPER ACREAGE AND PROPER SIDE, FRONT AND REAR SETBACKS, WETLANDS DRAINAGE IS GOING TO HARM NEIGHBORING PROPERTIES. IT IS AMAZING HOW RULES AND REGULATIONS SETFORTH BY THE TOWN ARE ENFORCED FOR SOME AND NOT FOR OTHERS. I AM THOROUGLY IN OPPOSION TO THIS CONSTRUCTION AND HOPE THAT THE TOWN BOARD MAKES ITS RULINGS THE SAME FOR EVERYONE AND DOESN'T BEND THEM FOR OTHERS. THANK YOU, A VERY CONCERNED TAXPAYER APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. John Zoumas Zoumas Contracting P.O. Box 361 Wading River, NY 11792 BOARD OF APPEALS TOWN OF SOUTHOLD January 31, 2000 Re: Variance Appl. No. 4775 - Front and Rear Setbacks Dear Mr. Zoumas: 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 determination rendered January 19, 2000 granting alternative relief. As a reminder, please return to the Building Department when the plan has been modified to conform with the Board's conditions, and for issuance of the building permit. A copy of the Board's determination was also transmitted to the Building Department for their update and file regarding issuance of their Notice of Disapproval. Enclosure Copy of Decision to: Building Department Mrs. Charlotte Price Very truly yours, Linda Kowalski Clerk, Board of Appeals A A BIRCH awl: N 68 68 �\ 68 WI / deed\04 1 M S 41° 28' 40" E act 1 4 3' N CD '1 INN � To .���bb ' \ �C9 y of N N W11muff AL. .5727 __-64 WETLANDS AS SHOWN _ ON SURVEY BYA. W. \x_64 LEWANDOWSKI DRY ON 6-9-1999 TIME OF SURVEY --Oprww A [ dmrroF 166 U 693A 70 0 i .'\N 42° 20' 34"W act, a ct 11 8.70' N\ 42 ° 1 8' S0'W. deed deed 119.10' 7.0 •70 G 0 N Irn KENNEY'S ROAD I, 7N13 PLAN PREPARED AS OVERLAY OF SURVEY FOR GRADING PLAN`SY woLD P. TPANcmw" �iaealec�6i�a'a®Ad A�� 68--�z ARAINAG�E tr PRO.OVE 9 MWEM X WMEFz 25bq OR EQUIY T WD DRAW DECK y ,, 320s¢ Y 20969% = 3ae{ LAWMA(ARD Sf ti< R 0 yo 340* 3Cf ral uI1'ed FROYIDE 9 DMETep- )101)ErP:3N2CF,09VPUIVALE9T O E ' / - aI I o.l I / I�y d. --D ZOI- A 35 r. -� 2 Lq .���bb ' \ �C9 y of N N W11muff AL. .5727 __-64 WETLANDS AS SHOWN _ ON SURVEY BYA. W. \x_64 LEWANDOWSKI DRY ON 6-9-1999 TIME OF SURVEY --Oprww A [ dmrroF 166 U 693A 70 0 i .'\N 42° 20' 34"W act, a ct 11 8.70' N\ 42 ° 1 8' S0'W. deed deed 119.10' 7.0 •70 G 0 N Irn KENNEY'S ROAD I, 7N13 PLAN PREPARED AS OVERLAY OF SURVEY FOR GRADING PLAN`SY woLD P. TPANcmw" JR.' P. C., El-mD (A- - 2. CAQLCuLAiioNS. ARAINAG�E tr PRO.OVE 9 MWEM X WMEFz 25bq OR EQUIY T WD DRAW DECK y ,, 320s¢ Y 20969% = 3ae{ LAWMA(ARD Sf ti< R 0 yo 340* 3Cf ral uI1'ed FROYIDE 9 DMETep- )101)ErP:3N2CF,09VPUIVALE9T UNAUTHORIZED ALTERATION OR ADDITION TO THIS PLAN IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS PLAN NOT BEARING THE PROFESSIONAL ENGINEER'S INKED SEAL OR EMBOSSED SEAL, IN ORIGINAL, SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GRADW6 AND D"NAGE PLAN CHfiSTWVrROAD, 50 UT TOLD scrm IO ®03.07 ISIA. Robert M Marsteller, Jr., P. E. 32 Vidoni Drive ML Sinai, New York 11766 (516)331-4533 1t 17706 t, January 22, 200Q Gerald P. Goehringer, Chairman Southold Board of Appeals Southold Town Hall Box 1179 Southold, New York 11971 Dear Gerry: I received Mr. Marsteller's grading and drainage plan concerning SCTM 1000-59-03-07. Mr. Marsteller is clearly misinformed to suggest that the soil is "well -drained and permeable". This is simply not the case. My property has six large ring dry wells. The double dry well in my driveway is effective only in moderately rainy conditions. Flooding consistently occurs with significant rainfall. Needless to say, I found Mr. Nicosia's threats directed at me during the last meeting very upsetting. I ask you to support my position. The proposed house should be located closer to Birch Street. All the runoff must be retained on the sight. I continue to believe that the zoning rules and regulations are meant to preserve the integrity of our area and gross deviation sets a n unwanted precedent concerning future development. Thank you. Sincerely, Charlotte A Price TRANSMITTAL MEMO % l TO: ZBA Chairman and Members FROM: BA Office Staff DATE: c> 24 SUBJECT: File Update -. � v With reference to the above application, please find attached the following new information added to the official ZBA office file: Comments: --------------------------- Number of Pages Attached: TrMemo.doc Robert M. Marsteller, Jr., �.�. X- / (Ponsulting Engineer 32 Vidoni Drive Mount Sinai, NY 11766 _ (516) 331-4333 January 17, 2000 ENGINEERING DESIGN-REPQRT GRADING AND DRAINAGE PLAN SME 100.0-5970-3-Q7 SUBMITTED TO: Chairman - Town of Southhold Zoning Board of Appeals I have -been retained --by Harold -F. Tranchon,- Jr., L. S. to evaluate the site and prepare recommendations for drainage and grading. Mr. Tranchon toldl me that there are concerns relating to the potential effects of the proposed construction on the adjoining property to the south and east. I submit my findings: and discussion to -the Board for -consideration herewith.. The existing site is undeveloped and forested and lies approximately 1300 feet- east - of. Great Pond, on the. southerly _side- of Chestnut Road. Relief of the site runs between elevations 70 and 64, with the property pitching to a low area to.the-rear of the property- near.the.southeast corner.. Suffolk County Department of Health Services Groundwater mapping indicates groundwater at about elevation 5.0 in this vicinity (that mapping -is for general contours a only; local conditions may vary significantly due to the effects of both seasonal .high water and -perched water). Soil Conservation Service (SCS) maps of the soils indicate the site is located within either the Riverhead or Plymouth soil complexes, both of which are well -drained and permeable. Applicant proposes to construct a single family residence on the westerly (uphill) side of the property. The low area at the rear of the property (shown as "Wetlands on Map of Lewandowski") is likely -an area of the Scio soils complex that is found in isolated areas within the mapped soil complexes (Riverhead and Plymouth.) The Scia complex is a loamy, silty type of soil that retains water and evidences a seasonably high water level (water within 2' of the surface). My analyses and calculations are predicated on the need to control water that fall on this site; I have not attempted to analyze or control runoff that is generated from other properties or areas. To avoid additional runoff to the rear of the property, I recommend that the proposed house be set as shown on the attached Grading and Drainage Plan, with a first floor elevation of approximately 71.0, drive pitching out to street, and roof drywells sized to store and recharge the runoff from a 2t1 storm. The Drainage and Grading Plan presents two (2) options for the consideration of the Board. Both options provide sufficient drainage to store 2" runoff from the post -development site. The location of the drainage structure. is the major distinguishing characteristic between the options. Town of Southhold Zoning Board of Appeals Grading and Drainage Plan -SCTM 1000-59-03-07 January 17, 2000 Page 2 OPTIObT- 1- (Shown- b t e ab d Planil . _ It would be my recommendation that clearing and regrading associated with the construction be-limited-to-the-westarl-y-150-1+/a of the site. Site should be graded to pitch to a proposed 8' diameter x 8' deep leaching pool located in- the vicinity o€ the_ e -x stingylow-print- at- contour 64 on the plan (towards front and center of the site), This option ;ninix®izes clearing and disturbance --of the site --and keeps-the_newconstruation_ away from the low "wetlands on Map by Lewandowski'° area. It also allows applicant the - beneficial --use- of the- -site- by_ -aLlowinc- use -of-.- the-side-yard:-amea-. -I prefer this option as construction of a drain at the low point along the rear line (option_$)_ would run the—very _significant__.risk_ o£ creating__a_means to_ drain water from and through the existing low area. The drainage provided has been sized -for --a-2'1 rsinf-sll- evenh, and-makes--de-€in tive- grovision. for -the runoff generated from the "improved" portion of the site, 3 point out that the calculations pzov±de_storage_for 2°_from__the_entire-site; we -are -not proposing clearing and regrading of the easterly portion of the site at this time to minimize ---disturbance- of the- property. This- option -leaves -the- easterly area of the site uncleared and undisturbed (maintaining at least some of the existing runoff_ to-the-low--areaj- F_ yet_ it- contains__ the_ runoff -from_ the_ disturbed, improved area of the site. It is my recommendation that the construction p = _ p develop shown-- as,-&- -on- the -attached- lat�be=acc teri as --the- refer�ile- means �.o the site and control runoff from the post -development ,site. OPTION a-- PROVIDE DRAINNGE.STRUCTURE AT REAR OF LOT This option is -pre F- =_ a ass tion that --it- is the intent of the desigrF to-intercept--a=lk-.zuneff�-th�lz7-zurrenl-y-reaching-the low point behind subject -property. As- g vi l r-thl& optzan has= the= -potential for 'draining" -the --wet soils i th -lo tiow,--a�=it--will involve- additional cle-wring and: disturbance- to. lns-1 -thy dein at this location. My recommendatratr--is- that- thl--optionr3st-be ed urkles-s--it is- critical that - a712_---runo££ £rom -ate across es to : T - ted to a= drainage- structure. I trust that the discussion herein and the attached Plan will prove of use in your deliberations concerning the proposed development of the site. Respectfully submitted, Robert- Ma_ Hersteller , Jr-. , . E. 151AA001.R-F CF,, h, Tranchon,- L,S, J Q 1 \ / IZ ,' 192 'l~ �// \�O ao (la• oo � a '~, /`' tiff pp ti I. Cb (0 o?0' i5 Y �O o 12� -100 �P co 10 I�C9 'Yo �S ^ � Pc° � v rc• Ip° apo ^ 1 0 . Cb/ / 1• Ids 1 •R' � Iv � � `� So , y SCJ �'>0 qac J `ti ti o JS 2'9IN ►�' �r ti o Vy �,�� TRANSMITTAL MEMr' TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: !pI�-e SUBJECT: ile Update — ie� With reference to the above application, please find attached the following new information added to the official ZBA office file: -------�---- ---------------------------------------- Comments: --------------------------------------------------------------- ---------------------------------------------------------------------------- Number of Pages Attached: _____ TrMemo.doc '-N6- 7EL0 5. NL,,,.. -)51A8 F.E engineering a design c TO: FROM: SUBJECT DATE: Town of Southold Main Road Southold, New York 11971 Angelo S. Nicosia, RE n � �c �, '101\V it JAN—'� �� I Grading Plan for Lot on Chestnut Road, 350' N.E. of Kenneys Road Harold F. Tranchon Jr., P.C. Job No. 99-621 File No. 720F SCTM # 1000 - 59 - 3 - 7 January 4, 2000 The proposed grading and house elevations have been designed to direct run-off away from the proposed house. The proposed grading will direct the water run- off to the wetland area to the East and to Chestnut Road to the North West. �o7Lt,e�c_�_,A to S. Nicosia, P.E. 149 North Country Road Port Jefferson, N.Y. 11-77'7 Telephone (51(o) 928-2112 Fax (51(o) 928-2165 M January 17, Gerald P. Goehringer, Chairman Board of Appeals Southold Town Hall Box 1179 Southold, New York 11971 Dear Gerry: I would like to thank you and the other board members for listening to my opposition concerning Appl. No. 4766. 1 was very pleased to hear that Mr. Nicosia was willing to purchase this property and build a home in compliance with Southold Town's zoning rules and regulations. Indeed, the proposed construction poses no hardship to him. He does not yet own the property. Conversely, it definitely represents a potential hardship for me and serves to diminish the quality of our neighborhood. I must say that I do resent the fact that Mr. Nicosia deems it justifiable to come into town and propose a change of zoning rules in order to accommodate a potential buyer of a piece of property. He obviously became aware of the zoning codes when he explored the possibility of buying the property and building a house on it. Why would he assume that these rules excluded his proposed business venture? Thank you. Sincerely, Charlotte A Price SLS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mrs. Charlotte Price P.O. Box 1240 Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD Re: Appl. No. 4766 - James Wheeler Project at Southold Dear Mrs. Price: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 For your convenience, we enclose a copy of the information received from the engineer in the above project. The public hearing has been calendared for 6:30 p.m. on 6. e1h Thursday, January 13, 2000 for updates and/or conclusion. Very truly yours, 4inda Kowalski Clerk, Board of Appeals Enclosure r, I BIRCH 0.� 68 68 \ 68 Ld I / d ¢ ¢d \04. 1 m S.410 28'40" E act. VQ 4 3' I rl X Tv ArPotAear "gut.I Ln / 68--�Z uN06R/�pZrION �# dao N Q 6a� �I O 1 411�--- El I / A 35rl— cn w K U q U .IVB• ���(�` R j5.p� I h, 1 y / A/ 7\0 R �ip Z �~ _ I r .\N.42o 20' 34"W act, a ct.118.7C N. 42 ° 1 8' 50'W. deed deed 119.10' 7/0 •70 . J O Ln ICY) KEN N EY' S ROAD .1 --64 WETLANDS AS SHOWN _ ON SURVEY BYA. W. _64 LEWANDO W SKI DRY ON 6-9-1999 TIME OF SURVEY 66 C�.EA1�/LIQ oPriam A PAOPosSD C*N7WvlZ&yp.) — bb _ 0 v � Rom IDA YWLr&d- Lo 6 (ALG vPTi�g, (. 7A13 PIAN PREPARED AS 0V9FktAY WSURVf:Y FOR 4RADINa PLAN"BY Wo t v F TPAN CN ONS J R P. C., AAT 1.2-2099. 2 �R^RA^^INA..y���GEC,,4LCULArl0dS, oj�, 33 A ,5 I t�SSFx I x 1607, = 193cf t"ulr d PRO)oDE' 8 immins X 6'vFxP: OR EQUIYALENT WD DRA114 DECK 3400 x a" x SO% : 3x{ L/t1NN/YARD 18P09f x;rx !-0 Io =306�- 329ef"vired plwylyis 8' DPM i>:R x�D�fP= 3f�cF,oR t�tv�LEnjT UNAUTHORIZED ALTERATION OR ADDITION TO THIS PLAN IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS PLAN NOT BEARING THE PROFESSIONAL ENGINEER'S INKED SEAL OR EMBOSSED SEAL, IN ORIGINAL, SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. John Zoumas Zoumas Contracting P.O. Box 361 Wading River, NY 11792 BOARD OF APPEALS TOWN OF SOUTHOLD January 4, 2000 Re: Appl. No. 4755 - James Wheeler Dear Mr. Zoumas: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 This will confirm that the time of your hearing has been moved to 6:50 p.m. (instead of 6:30 p.m.) due to cancellation of two other applications that evening. Very truly yours, Linda Kowalski Clerk, Board of Appeals December 27, 1999 Mr. John Zoumas Zoumas Contracting P.O. Box 361 Wading River, NY 11792 Re: Appl. No. 4766 - James Wheeler Project at Southold Dear Mr. Zoumas: This will confirm that the public hearing has been tentatively calendared for 6:30 p.m. on Thursday, January 13, 2000. Please submit by fax, if possible, the engineer's recommendations as soon as it becomes available. Thank you. Very truly yours, Linda Kowalski Clerk, Board of Appeals FRONT ELEVATION A5PHALT RooFINS SHINSLES DC2 ON tX6 TRIM 5TEP Foa IN6 90 DEb MAX RIGHT ELEVATION a 6ABLE FooTISSS To VIRGIN SOIL Eric Nicosia F;M& 15TF—RZ AP4,H ITEV 1 414 Main street, Fort .le"aroon, N.Y. 11"PT7 Tel: (516) 42b-4456 "" Fax: (516) `2b -q545 BEHR RE51PENCE E ZVA'noN5 I 5cale,l/8"=1'-0'I Drawn ey,E. Nicosia A_1 Date -1A6/99 I _t i,#,44o-)oo I Rev. I of 4 4 �D 20'-0" VWK 514X6 GGA 4' 4'-8' , . CENTER ON SING VERIFY KITC iEN _ 5L LAYOUT — — —5TS 2-240 _ 2-2X1 r 2821C (2) 113/4°X11' 0 2030 P STEP 2 -WO T2) I -3/4'X11 V8'- MICRO -LAMS --- g ..POSTS 2-2A O MICRO LAMS N DW BATH 25-8' I DINING KlTC+a o _ ON WALLS/GEILIN6 O 0Iry o _ _ q' GEILM6 q' CEILING a ry LOY ~W O — 2x10 F.1 i 1610L. 5D. � W CEILING I O 12'-4" V• 3'-8• g �'-0" L2' o• '.2'_8" L l 13in LMN6 ROOh4 I D i O.° -2x4 --- REF , . 4: _ — — —5TS 2-240 _ (2) 113/4°X11' 0 P STEP 2 -WO g ..POSTS MICRO LAMS N 12'-4" I _ ON WALLS/GEILIN6 0Iry o _ _ co 6ARV6E a ry 4' P.G. SLAB _ 2x10 F.1 i 1610L. T W CEILING I l 13in LMN6 ROOh4 I N 3/_4' X 11-1/8' M •' DBL F l UNDER _ _2- _ s _ I 1 HEADER ZWKS I I (?) I�/4° -V2' Q I WALL ABOVE 'r 2-2X12 FLUSFMI _ p — 2-3050 2-2X12 •_ I I �—y � Z—GP.N7Il�YE=— -- � .' ® PORGH � j 5°Cq � � 5 514°xb° CGA YT/ RAi1PIN�6 Z-ZXIO W 2x12 --$-- od3' went ------ ------------- —---------- -- -- 8010 oh door ---- -- t_,, makrh eoF itF 20b• 13'-O' '° 33'-0' FIR5TFLOOR PLAN LMN6AREA' 804SG1FT. A ro m O T 7 4X4 P05 I 2x8 RR a VOL. ' a 1'-0' FLYIN6 6ABLE I' A4 B4 SEGOP FLOOR PLAN LIVING AREA. 465 SOFT. Eric Nicogia 414 Main Street, Port Jefferson, N.Y. 11T!? Tel: (516) 42a-4456 Fax: (516) 1`128-`1543 Approved By, I BEHR RE5IDENGE Z4 FLOOR PLANS 5--016'1/8"=1'-O' Drawn By,E. Mir o !4_3 Dated/16/99 Job��990100 Rev. of 4 4 28210 2-2842 2-2)00 . BA .7-2X12 12'-4° 4' 14'-2° 1t1 ABq I I �}F3o7o fp wz2 00 0 MA5TM 5ATH CATH C4.6 ® ~ I1' -O' 'v 4'-4" NI .7668 I.G. 0 2668 3'- '� 5D. , _ 2_2X12 _ 2-2X12 -20 RI06E BEAM r 6T 35A ' 5D. �� a 2x8 a w°O.G. •� V 3 •�c� 4 1 gyp,- A BEDROOM5 7 �Iv S1pZ XOC 'ry .a U CK Trj •I'�' ' • ifl dd 4• la',a' 2-2X12 MA5TM 3W ROOM 31 RR BEAR F'TN 2x8 a 16°O.G. ON HDR EELOw --r-- - z6A]5--- I� 2 2X12 j--- 244.7 ------ 7- b' b° b' -b' 31-6° 9'-10° 6'-2' 6'-6° 12-8° I' A4 B4 SEGOP FLOOR PLAN LIVING AREA. 465 SOFT. Eric Nicogia 414 Main Street, Port Jefferson, N.Y. 11T!? Tel: (516) 42a-4456 Fax: (516) 1`128-`1543 Approved By, I BEHR RE5IDENGE Z4 FLOOR PLANS 5--016'1/8"=1'-O' Drawn By,E. Mir o !4_3 Dated/16/99 Job��990100 Rev. of 4 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER N OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 22, 1999 RE: Zoning Appeal No. 4766 - James R. Wheeler (Zoumas Contracting) 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 4766 - James R. Wheeler (Zoumas Contracting). Also included are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Letter Of Authorization, Notice Of Disapproval, copy of Property Record Card, copy of Variance Search, Application For Building Permit, copies of Survey and copies of Plans. APPEALS BOARD MEMBER . Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19, 2000 Appl. No. 4766 - JAMES WHEELER 1000-59-3-7 STREET & LOCATION: 540 Chestnut Road, Southold DATE OF PUBLIC HEARING: December 14, 1999 and January 13, 2000 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 27,100+- sq. ft. with 221.58 ft. frontage along the south side of Chestnut Road, Southold. The property is vacant land, 104.53 ft. deep at the easterly side and 118.70 ft. deep at the westerly side. BASIS OF APPLICATION: Building Inspector's October 18, 1999 regarding Section 100-244B because the new dwelling is proposed with a front yard' at less than 40 feet and rear yard at less than 50 feet. AREA VARIANCE RELIEF REQUESTED: By application for a building permit dated July 16; 1999, applicant proposes a new dwelling at 35 feet from the front property line and deck addition at 28 feet from the rear property line. 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 area variance, as alternatively approved, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the lot is very wide with a shallow depth. The alternative relief denied the rear yard variance for a deck, leaving only a minimum reduction in the front yard and minimum reduction in the rear yard at 44+- feet. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because of the topography with multiple contours on the lot which lends itself to construction on the highest possible grade of the parcel in the proposed location. 3. The alternative relief granted is not substantial based on the setbacks from the road of existing houses in the neighborhood. 4. There is no evidence that grant of alternative variance relief will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty has not been self-created. u 6 Ei8 W�1 ,Oj \ S 41' 28' 40" E 68 68 deed \04`�1 act VQ 413 BIRCH r— P%i ® L imrroF opr Bam -' > —o$ w1 I -I G� 07�a i- K �/ a'. U oJ \/ 49.7% /os' 70 s' 693 Ln 6f%b (Atm PT® \N 420 20' 34"W act, a ct 118.70' N\ 42* 18'50"W deed deed 119 10' 70 70 CJ 0 N Icn 1. 711413 PLAN PREPARED AS OVERLAY OF SURVEY FOR C,RAD9No PLAWSY I �A36®���PTe®eil 68�Z 2 RAIN G LCA to N N w® ®� Kim. . t 6a� \� --64 WETLANDS AS SHOWN O ON SURVEY BY A. W. _64 LEWANDOWSKI FRO1/IDE DRY ON 6-9-1999 TIME OF SURVEY 0101 I I A d —+— r— P%i ® L imrroF opr Bam -' > —o$ w1 I -I G� 07�a i- K �/ a'. U oJ \/ 49.7% /os' 70 s' 693 Ln 6f%b (Atm PT® \N 420 20' 34"W act, a ct 118.70' N\ 42* 18'50"W deed deed 119 10' 70 70 CJ 0 N Icn 1. 711413 PLAN PREPARED AS OVERLAY OF SURVEY FOR C,RAD9No PLAWSY TRANCHONA JR-, P. C., VAS l3 -BDA 2 RAIN G LCA to N N w® ®� Kim. . t OL�i�T'E� X FEE ft 253q OR EQUIYAL.ENT 'IBRD DRAIN DECK --64 WETLANDS AS SHOWN 511 x K /0 % ON SURVEY BY A. W. _64 LEWANDOWSKI FRO1/IDE DRY ON 6-9-1999 TIME OF SURVEY r— P%i ® L imrroF opr Bam -' > —o$ w1 I -I G� 07�a i- K �/ a'. U oJ \/ 49.7% /os' 70 s' 693 Ln 6f%b (Atm PT® \N 420 20' 34"W act, a ct 118.70' N\ 42* 18'50"W deed deed 119 10' 70 70 CJ 0 N Icn 1. 711413 PLAN PREPARED AS OVERLAY OF SURVEY FOR C,RAD9No PLAWSY TRANCHONA JR-, P. C., VAS l3 -BDA 2 RAIN G LCA to f I�SSf%�' tt fO�S'lo c 534 f"uwvd P14O>;►L7E OL�i�T'E� X FEE ft 253q OR EQUIYAL.ENT 'IBRD DRAIN DECK 3;20sf x a" x 64 = 3aei LAWN/YARD 511 x K /0 % 32sefmuired FRO1/IDE 9 D&WEIMR x10 DEEP:: X2CF,09 V 01VALM7 UNAUTHORIZED ALTERATION OR ADDITION TO THIS PLAN IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. KEN N E Y S ROAD COPIES OF THIS PLAN NOT BEARING THE PROFESSIONAL ENGINEER'S INKED SEAL OR EMBOSSED SEAL, IN ORIGINAL, SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GRADING AND NA GHXSTNUT ROAD, SO UrNOLD SCTM I O e03-07 151A. Robert M Marsteller, Jr., P.E. 32 Vidoni-Drive ML Sinai, New=York 11766 (516)331-4833 1/17/06 I, Page 2 - January 19, 2 Appl. No. 4766 - J. Wheeler (1000-59-3-7) Southold Town Board of Appeals 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 dwelling, 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 DENY the 28 ft. rear yard variance for a 16' deck; and BE IT FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF approving the front yard setback at 35 feet and the rear yard setback at 44 feet at its closest points, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance with recommendations of Robert M. Marsteller, Jr., P.E. Option 1 (A) dated January 17, 2000; applicant shall provide drainage on applicant's site (see drainage plan dated January 17, 2000 prepared by Robert M. Marsteller, Jr., P.E.). 2. Applicant must place all downspouts from roof gutters into storm drains. 3. Hay bales must be placed during construction activities at rear of dwelling approximately 25 feet from foundation and extending 20 ft. in an east -west direction. VOTE OF THE BOARD: AYES: Goehringer, Dinizio , and Tortora. (Member Homing was absent/excused earlier.) Th;ForFiliing2/P1/00n Attachment (1) o a 0 SUNRISE ABSTRACT CORP. 10 LONG BOW WADING RIVER, NEW YORK 11792 VARIANCE SEARCH TITLE NO. 622 -5 -1774 -SS STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) PAUL DERWZTSCH, being duly sworn, deposes and says: That he resides at 10 Long Bow, Wading River, New York 11792 and is over the age of 21 years and that he is President of SUNRISE ABSTRACT CORP. That under his direction, title was examined to the parcels of land described on the annexed Schedule and labelled Parcels A, B, C, D & E That said examination, dated June 15, 1999 discloses a chain of Title to determine if any contiguous property was owned by an owner of•the property involved since the date of any previously applicable Zoning Ordinance as of 1954 and that this affidavit is made to assist the Board of Zoning Appeals of the Town of Southold to reach any determination which requires as a basis therefore the information set forth herein and knowing full well that said Board will rely upon the truth thereof. SUN SE A STRACT CORP. Sworn to before me this Wjtb day of 1997 BY au Derwitsch, President BARBARA DERWITSCH NOTARY PUBLIC, State of New Yo* No. 4800183, Suffolk County Term Expires March 30, iuoo/ Title No. S -1774 -SS DESCRIPTIONS PARCEL "A" (SUBJECT PREMISES) 1000-059.00-03.00-007.000 All that parcel of land being at Southold, Town of Southold County of Suffolk and State of New York, being on the southeasterly side of Chestnut Road 350 feet northeasterly from Kenny Road. PARCEL "B" (ADJOINING NORTH & EAST) 1000-059.00-03.0-016.003 Southeasterly side of Chestnut Road PARCEL "C" (ADJOINING SOUTHEAST) 1000-059.00-03.06 F 000-059.00-03.0 -0000 Northeasterly side of Kenny Road PARCEL "D" (ADJOINING SOUTH) 1000-059.00-03. (!! -008.000 Southeasterly side of Chestnut Road PARCEL "E" (ADJOINING WEST) Chestnut Road STATE OF NEW YORK COUNTY OF SUFFOLK PAUL DERWITSCH, being duly sworn, deposes and says: That he resides at 10 Long Bow, Wading River, N.Y. and is over the age of 21 years and that he is President of SUNRISE ABSTRACT CORP. That the above is the true description of the subject premises and of the adjoining premises as shown on the record in the variance search made under the above captioned title number. SUNRAB TRACT CORP. 11R AAW� PAUL DERWITSCH, PRESIDENT Sworn to before me this Zp t# day of ;*� 1999 BARBARA DERWITSCH NOTARY PUBLIC, State of New York No. 4800183, Suffolk County Term Expires March 30, i9 Title No. 5 -1774 -SS CHAIN OF TITLE FOR PARCEL "A" Raymond W. Terry & Dated: 3/22/46 Edith M. Terry Rec. 3/25/46 to Liber: 2543 cp 207 Florence Moffat ------------------------- Florence Moffat to James R. Wheeler & Margaret C. Wheeler Last Owner Of Record CHAIN OF TITLE FOR PARCEL "B" Dated: 1/9/67 Rec. 1/9/67 Liber: 6100 cp 157 Raymond W. Terry & Dated: 3/22/46 Edith M. Terry Rec. 3/25/46 to Liber: 2543 cp 207 Florence Moffat ------------------------ Florence Moffat to Helen M. Conway Dated: 8/6/48 Rec. 8/9/48 Liber: 2858 cp 468 (conveys part of premises only) Sworn to before me this ayt#' day of Y4,y 1999 BARBARA DERWITSCH N0TARY PUBUC, State of New York No. 4800183, Suffolk County,1®,9/ Term Expires March 30, D9._ SUNK E ABSTRACT CORP. PAUL DERWITSCH, PRESIDENT !#I CHAIN OF TITLE FOR PARCEL "B° CONTINUED Florence Moffat Dated: 1/9/67 to Rec. 1/13/67 Helen M. Conway Liber: 6100 cp 159 --------------- (remainder 1(remainder of premises) Helen M. Conway Dated: 12/18/86 to Rec, 1/30/87 Robert C. Rapp, William E. Rapp Liber: 10234 cp 505 and CJ Patrick Hibson D/B/A RHR Realty Co. LAST OWNER OF RECORD CHAIN OF TITLE FOR PARCEL "C"" Lidico Corporation to James R. Wheeler & Margaret C. Wheeler Dated: 5/10/51 Rec. 6/14/51 Liber: 3227 cp 129 James R. Wheeler as surviving Dated: 8/21/84 -tenant of Margaret W ee er Rec. 9/13/84 to Liber: 9640 cp 466 Walter & Lenore Adamson Walter & Lenore Adamson Dated: 1/24/85 to Rec. 2/25/85 Charlotte A. Price Liber: 9741 cp 33 ------------------------- Charlotte A. Price Dated: 6/7/93 to Rec. 9/2/93 Charlotte A. Price & Liber: 11642 cp 513 William H. Price LAST OWNER OF RECORD® Sworn to before me this ,IJIN/day of Qts 1997 BARBARA DERWITSCH NOTARY PUBLIC, State of New York No. 4800183, Suffolk County Term Expires March 30, W:z®G/ SUN SE STRACT CORP. PAUL DERWITSCH CHAIN OF TITLE FOR PARCEL "D'° Raymond W. & Edith M. Terry Dated: 3/22/46 to Rec. 3/25/46 Florence Moffat Liber: 2543 cp 207 Florence Moffat to Kenneth Lee Dickerson & Shirley 0. Dickerson 0� LAST OWNER OF RECORD CHAIN OF TITLE FOR PARCEL "E" Chestnut Road STATE OF NEW YORK COUNTY OF SUFFOLK Dated: 12/16/66 Rec. 12/16/66 Liber: 6086 cp 412 PAUL DERWITSCH, being duly sworn deposes and says: That he resides at 10 Long Bow, Wading River, N.Y. and is over the age of 21 years and that he is President of SUNRISE ABSTRACT CORP. That the above are true chains of title as shown on the record in the variance search made under the above captioned title number. SUNK E A TRACT CORP. PAUL DERWITSCH, PRESIDENT Sworn to before me this ,q�fli day of 199 BARBARA DERWITSCH NOTARY PUBLIC, State of New York No. 4800183, Suffolk County Term Expires March 30, 5:20 0 October 20, 1999 Notice for the Town of Southold Re; Lot located 540 Chestnut Road, Southold Tax Map # 1000-59-3-7 James R. Wheeler As owner of the above lot, I have given my permission to: Zoumas Contracting Corp 16 Deerfield Drive Wading River, N.Y. to file applications with the Southold Town Departments for decisions and permits relative to constructing a house on my lot. �, -.5 -0—% P.O. Box 752 3020 Moores Lane Cutchogue, N.Y. 11935 . 't'H[IIdSA(:'LAUtVhI, 1]JC5(:LUSUHIs _'l1di:'1 The Town of Southold's Code of Ethics prohibits conflicts interest on the part- of town officers and employees._ The Purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: G0\)0n-4j,-__ CkaTAA(-Ir0C agrg ��0 jj&N 20 UMA�� (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the 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. wDusiness interest" means a business, including a partnership, in which the town officer or employee has even a partial ovnership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES," complete the balance of this form and date and sign vhere 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 thi,jq/� day Signatur Print name QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of th individuals (and entities) having a subject premises and a description (Sate sheet Oay beattached.) fU�6EGC e owner(s) and any other financial interest in the of their interests: B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( ) Yes { } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes No D. 1. Are there any areas which contain wetland grasses? 010 2. Are the wetland areas shown on the map submitted with this application? _1-1-10 3. Is the property bul.kheaded between the wetlands area and the upland building area? J0 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? p E. Is them a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N;O (If not applicable, state "N.A.") F. 'Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? ng? gZ0P�Q-- If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? L' If yes, please submit a copy of your building permit and map as approved by the Building Department. if none, please state. H. Do you or any co-owner also own other land close to this parcel? �i O If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel q and proposed use 3/87, 10/90Ik I _� •� .v.:". `•.-i,'•rl. .j,` ..l'., l�' r •l'��'�', .i'�'i,K ���, V��r_-��" .t,l[ :5. 1/•/✓/'/] � / j;`;•k ;1�'v ;�.�`- /�(J' �� .{j'�•�-- �/^nC.. /, ,. • i ,1 �`'r-,.�•, i�, ' .i { �.g : r t ..i .. `fY �. J 1 . / �� "�J - - �: i� �•J. f•. (J �(4, J, _ `r V �/�h- 1. 1 , •--�: •'.•�i,�36��1,.•�.rF�-d f -.r• -.,'.�. .,': _ - :J"' .T+•^.r _ ..wr t..••+wr•�w. ..-�-a3 1. _�' �� -t, : • .i..r .Yt.:� v0.' f _,n�, ,���k_ �f .�' 1�c �'�'6�.n � Y,';-:�� � • .\. r6`•S i` ��^.' .T' �� - r� ! i. ' � ^�_cY"t.'r. - ''1-`t � •'_ r r-' .. -. ?/s.3a "s , < .'`�' .} - - n .. � -t syr. zi�'i:r•" _. - ('a• �'=i S"'+'i.:a•"- ••�•, - �^• �V ^''- - lT�e; rz..� � _ - , � .• �, � - J� '? ��,tr ,y .} _ _ �• es yf.-` r YJ- - Jf+ .. - .. 1 /111Z Er L � `. .,��• i,�i' �•y''1'1 ,.r r ,t :'�..� c.r�b;}''• L.j' .-!• r •i._: r^_-. . ' •. � ... )p{ -A-S vx- vt*y � .'f ter•`:' '`��� :'f,�•`_r y`> r •� �� �[ `y-• ,�� R ' � - .- a S' '*, -►' , -, •i,1•,_•'n , ,. _ 1 c i �', Ai, 7C.V.t N . , . - - , , - - - _ .. ,:' - • gin; 1 •. � !; it HEEr r. �/ 1�� �.,J. • �` 1�..�i 1T-,J 1 i jr� k,n 41 r::;l'.L:::'vg"'- Wks -i •� ._�- A. `.R '2 ^t Y. '-ti.4 •^ 1 •- c , ' .G-• , v1����.1! Tr.1! Y �t' - ' � • T�-•^'� I _ .�• j r� QT fC4GQji"ETi�"-�1.: U� • Vii •.:.: , _ � . _- ��'� 1 - - 0 �_, .' i t� E,�L• ..'F t •_ _Sf r'Lt`;pi_'I _F i=t�:., r', _ ��- 1 1 'i (.;r; •,,..,�j,-�'•�';;�..aFt ,AFF. /1}�"-�;,%'... _ R.-I',-�_ ,�, .�;. •-„ t'b`'-,-. '"'`' .:).�✓XY.1,l.'�si ..•✓\i �.}r/ :r.� •� ' i• ., -r. -j'r: !` .-.I:,t', ,•�.�_.y�� - ta•° ,'-�.3. '.r ^ih.r'�.�., ��-� �,k•t .. +1C' %4 _ - y ,r+.n -., ' � '- �r���'( - _- ' ` - _ r. �. _ _ 4 LOT A:W.a 27,100 r SG. FIT. - FA Wv z'''7ap! GAR, UrxV -0 760. BIRCH ROAD I NOW OR FORMERLY PJZZO- W 0 'I VCY Cy I r) 0 S. 41628' 10.4.51' dead 104.53'act. -C 0 v v 2 0 iD 0 0 9 C -i Cy 0: da W Cr Z W — to st +1 ho I Z�- .."CL z 311 Alf U, O '01 LLI Q .0 0 PROP" b 0 m -T ST wHO i, c;d W.,5FN'ACD_ GEOSCIENC.E' C. wbcp-0 1, 0.01 E. dk-.�� post land rag few, W b r.0 w P1,C I G.WY * sond-SC K 42'20'34",W. act. 118.70, act. N. 42."18'50" W. dead 119.10 dead c COL C05 bro.w'n sandy d. �b -W,. OW OR FORMERLY DICKERSONJ I W a. ay CL 0 C ; ; r DWELLING r wat4 r fn brown to f M€ _j sandy -clay p.L water in brown fine,io coarse,' ,sand -tV. WMI LOW 'ADJOINERS WELLS MO %Mk-AN ARE NOT, S D KENNEY'S ROAD 72 SUAkANMS INDICAT" H@Ak0m JOP �0, F, ?MOWN TIAAlN HE RUN ONLY TO. lf*�` 93 TO THE PROPERTY; FOR WHOM THE SURVEY � 15, POI& SURVEYED,�OR�- ,TRUCW1KII!1ON 4140 -W" ARE FOR A SPEC -95C PUR- PARED, AND ON MS ; B&WF To 7HE TITLE COM D066 AND "USE ANO'THERWORE PANV 0MRNMV4 i 4NCY AND LENDING INSTI- 5� WON= TO GUIDE THE TAIL AC %RE NOt AND - TQ TUTION 'LISTED HEREON, ;RECTION'OF PONCES. RETAINING OF THE ENDING, THE . ASW446' PLANTING ADDITFO!! TO BUILDINGS,. INSTITUTION. GUARANTEES' ARE INSTITUTIONS OR SUBSEQUENT 11, SJTUATED AT�.. -*AwOrr*RooNsrRuPm-. NOT TRAN'JERABu To ADOMONAL JNAU?"QRIZ29 'ALTVRATIOtj Olt O*N&S. ADWr4N TO1%9 SURVEY A�A I OF IW6 10, NEW - .- ' TOWN'0F`-'AWTj4 qUAIM 'Op $cV+64 7W -OF -1 :4'0 W;YORK .-)o NE R TWE LA 0 rR1 HE NIWIAM 1 0 "$cA OR 40" 96 *V. RA/Vq 9". 19 va'N BE LE 4TE ISM ARA UT ES -6.` ON1Y TO ILED-JK AP NO.. A ONLY) DISK7.901' XMAP'NO. 100 T. C. - 4a!LXk SUE ' o-Sjvq,CESS - OR MkIE'R- LAND .1 866'-W,APING:•RIVER.4M WADING RIVER, ILI NEW i.QRK, -1.1792_ N.Y. NO. 048992 CNION - 2 3* %1,,, � 1,6.�-929-460� "pC 'Kapil. -i I "VT; nlrw- ve.'' '%4 q I= Updated I° Lam FOR BOARD AND STAFF USE New Information NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, DECEMBER 14, 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, New York 11971, on TUESDAY, DECEMBER 14, 1999 at the time noted below (or as soon thereafter is possible): 6:30 p.m. Appl. No. 4766 - JAMES WHEELER. This is a request for a Variance under Article MV, Section 100-244B, based upon the Building Department's October 18, 1999 Notice of Disapproval of ' a building permit application to construct a one -family dwelling with a front yard setback at less than 40 feet and rear yard at less than 50 feet. This lot contains an area of 27,100+- sq. ft. with 221.58 ft. frontage along the south side of Chestnut Road, Southold, NY; County Parcel No. 1000-59-3-7. The Board of Appeals will at same time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: November 24, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 ultural-Conservation Zone ct, along the north side of Road (CTM #1000-97-10-2) and south side -of Main Road or State Route 25 (CTM #1000-85-3-10.2), Peconic, NY. 7:10 p.m. Appl. No. 4777 — Susan and Steven Bloom. This is an appeal of the December 17, 1999 Notice of Disapproval, requesting an Interpretation and/or Variance under Article XXIV, Section 100-245 with respect to applicant's request to amendbuilding permit No. 26151 issued November 12, 1999 for reno- vations to accessory building con- taining nonconforming "sleeping quarters use." The reason stated in the Building Inspector's Notice of Disapproval is that applicants' request to "repair foundation to include `substantial renovation of structure' is not permitted pursuant to Article XXIV,Section 100-243A. Pro- posed construction constitutes a reno- vation prohibited by this section." Location of Property: 7800 Peconic Bay Boulevardi Laurel, NY; County Parcel No. 1000-126-11-15. 7:30 p.m. Appl. No. 4778 — Crazy Chinaman Corp. This is a request for a Special Exception under Article VII, Section 100-71B(5) for permis- sion to establish apartment use over an existing professional office in this "B -General Business" Zone District, pursuant to Article IX, Section 100- 91(B)(4). Location of Property: 11775 Main Road, Mattituck, NY, County Tax Map Parcel No. 1000- 141-4-36. 7•1S n m A -i Nn A770 — "..i ➢ OF NEW YORK) )SS: I` Y OF SUFFOLK) of Mattituck, in said y, being duo y sworn, says that he/she is opal clerk of THE SUFFOLK `til ES, a weekly paper, published at Mattituck, in the Town of sold, County of S uffoik and State of New York, nat the notice of which the annexed is a printed 'has been rsguiariy published in said Newspaper each week for weeks succes- /, commencing on the An (�ko_,l�, boube rincipal Clerk ,n to before me this77-,e' If v 20 OP JOHN IR RRISOTTI i UBL IC, _TATE OF NEW YORK N0. C, i L5R4732613 QUA 1 ''' ':,1JFFOLK COUNTY cor\4MISSI `� Frr(rIRES MAY 31 �oo SOUTHOLD TOWN d b BOARD OF APPEALS ^� THURSDAY, JANUARY 13, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, JANUARY 13, 2000 at the times noted below (or as soon thereafter as possible): 6:50 p.m. Appl. No. 4766 — James Wheeler. Continued Hearing from last meeting. Rear yard setback of proposed dwelling location at 540 Chestnut Road, Southold. 7:00 p.m. Appl. No. 4775 — Derith Sutherland. This is a request for a variance under Article XXIV, Section 100-244 for approval of the setback of an "as built" deck addition at less than the code requirement of 35 feet. Location of Property 1230 Waters Edge Way, Southold, NY; County Tax Map Parcel No. 1000-88- 3-19. 7:05 p.m. Appl. No. 4776 — David Cichanowicz. This is a request for a variance under. Article III, Section 100-32, based upon the Building Inspector's October 19, 1999 Notice of Disapproval for the following: Two lots are proposed in this subdi- vision project containing a size of less than 80,000 sq. ft. each. The property is located in an ultural-Conservation Zone ct, along the north side of Road (CTM #1000-97-10-2) and south side -of Main Road or State Route 25 (CTM #1000-85-3-10.2), Peconic, NY. 7:10 p.m. Appl. No. 4777 — Susan and Steven Bloom. This is an appeal of the December 17, 1999 Notice of Disapproval, requesting an Interpretation and/or Variance under Article XXIV, Section 100-245 with respect to applicant's request to amendbuilding permit No. 26151 issued November 12, 1999 for reno- vations to accessory building con- taining nonconforming "sleeping quarters use." The reason stated in the Building Inspector's Notice of Disapproval is that applicants' request to "repair foundation to include `substantial renovation of structure' is not permitted pursuant to Article XXIV,Section 100-243A. Pro- posed construction constitutes a reno- vation prohibited by this section." Location of Property: 7800 Peconic Bay Boulevardi Laurel, NY; County Parcel No. 1000-126-11-15. 7:30 p.m. Appl. No. 4778 — Crazy Chinaman Corp. This is a request for a Special Exception under Article VII, Section 100-71B(5) for permis- sion to establish apartment use over an existing professional office in this "B -General Business" Zone District, pursuant to Article IX, Section 100- 91(B)(4). Location of Property: 11775 Main Road, Mattituck, NY, County Tax Map Parcel No. 1000- 141-4-36. 7•1S n m A -i Nn A770 — "..i ➢ OF NEW YORK) )SS: I` Y OF SUFFOLK) of Mattituck, in said y, being duo y sworn, says that he/she is opal clerk of THE SUFFOLK `til ES, a weekly paper, published at Mattituck, in the Town of sold, County of S uffoik and State of New York, nat the notice of which the annexed is a printed 'has been rsguiariy published in said Newspaper each week for weeks succes- /, commencing on the An (�ko_,l�, boube rincipal Clerk ,n to before me this77-,e' If v 20 OP JOHN IR RRISOTTI i UBL IC, _TATE OF NEW YORK N0. C, i L5R4732613 QUA 1 ''' ':,1JFFOLK COUNTY cor\4MISSI `� Frr(rIRES MAY 31 �oo ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- S9 - 3 - 7 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 504" -Z0U MA --q,;,- 0 0 residing at j ao AFFIDAVIT OF POSTING fl C --C- tZF1 E /-,b p e10 6- (A-% fAZp,IN C�- P100L. , New York, being duly sworn, depose and say that: On the 2- day of tsecem&oA , 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 o the date of the subject hearing date, which hear' g date w o to be (Signature Sworn to before me this j day of /7-- , 19M *near the entrance or driveway entrance of my property, as the area most visible to passersby. ROSALIE SALEMIME NOTpgY f'IJ9UCState Oi NewYodt 01-SW00818 in SuftOlk County (Notary Public) Qualified Expires uanuary 31, ComYTIlssion *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 NOTICE OF PUBLIC BEARING § 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. By 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 or his/her agent shall file an affidavit that s/he has complied 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 § 58-1 SOUTHOLD CODE § 68-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested. posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addressee listed far Lhem on the local assessment roll. The applicant or agent shall file an affidavit that s/he has compiled with this provision. 7, IO 0 —_ 6 gra the Matter of the Application of 20(zMA-'-- (fog?. (Names of Applicants) P rc Ili.#1 00- - - Pt r 2 C-_ 9 -----� --------------------- x COUNTY OF SUF'F'OLK) STATE OF NEW FORK) AFFIDAVIT OF FAILINGS I, -'�ZP N N 20 V MA -5- residing at J? t� 6 E R i --D W A. P I N G- R��c�.. , New Fork, beim duly sworn, depose and say that: On the Qq day of 6l OVC-m�G� , 19_!", I personally mailed at the United States Post Office,in W D N w CA- , New `Fork, 4y 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 aaJaV- ,0P- -50LJo&® _ WQLo®* 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. (si re Sworn to before me this day of 1992 ROSALIE SALEWE NOTAgy J lJBLIC, State Of New York Nota Public 01-SASuffol18 (Notary ) Qualified in Suffolk Counhj ComrriissionExpires ,ianuary3i QOU PLEASE list, on the back of this Aff daan'it or on as sheet of parl)er, the lot numbers next to the owner manes and addresses for which notices were mailed Thank you. bIG�'C-�-SocJ a.S0 �. o IZ-c-NN eT H C'�( C-SNUT R(::�. 9O)c )N 8 SO 0T (�o L. b Q1 2 Z -o SFNDER: COMP! . • • 2 and 3Also complete ■ Complete items 1, . is desired. - L V �} item 4 if Restricted Delivery • ■ Print your name and address on the re so that we can return the car j P ■ Attach this card to the ~ • r0 or on the fro ° GOO? � r r! 1 6'5. P�saes\<ed a',e<se (9 T 40 L Q ' % 2, a� jerl \s or\tr oQ'. `ece, C,(T �,.�1-. V,0 %76- V. - V.0 FQx )J��o SoVTI� 1, o • N•� • \gems ted Oe d&ess 6 ko `1 ma\\p eke tr\c a a ra. k`c\e ♦ ,0\1\9R\p d Pe�aoe ek tl ebao �P<\qty,L.Ner, 16W ape /� ♦ so v kr\s nL N sp V ♦ P'1 or\tk\eXN it° SedtO Al + r aN1oe IabeO from s Copy / 1e N°m er l 9gg t .f 9 ped\�ety � D liv N • • • • 6 pate °� e Print Cteartyl Pgept See" fent aby Pleas O Pad<es ldressee', N° to! • em � � y`r aeGJ N a,el lJ. i (7 LO �"� G °rasa\sed EXPCess N. 1pttOC Me` type et°r� (es e 1G eaM � p0• 3• S eCt\b Peg\steaMa\t lExtrafe O \os°re t`f ape\\Je102585 gg esti\°te A P _ �\c 1 PS pSF �j � �30 N9 �kJ 1 )1971 �r 11 \ PftTg cL47(,90N,y l/93 --!r' et Jt�\�eoe\Pt eSt\° 242 878 397 US Postal Service Receop t l®r uerunea man No Insurance Coverage Provided. Do not use for International Mail See reverse Se o Post Office, State, & ZIP Code SOUTHOLD, NY 11471 Postage $ 0.55 Certified Fee 1.40 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered `•'9 Return Receipt Showing to Whom, Date, & Addressee's Address r TOTAL Postage & Fees 1 a Postmark or Date Store.' USPS Clerk: KP4PPJ '- 11/24/44 OFFICE OF ZONING BOARD OFAPPEAL5 53095 Main Road Southold.NY 11971 (631 eff. 11/99) 765-1809 Fax 765-9064 November 26, 1999 Re: Chapter 58 — Public Notice for Tues., December 14, 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 now be mailed and shall include a map or sketch showing the neva, location with the setbacks and use. 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 (copy enclosed) 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. A sign is also necessary for posting at the property by you, not later than 12/7/99, and therefore must be picked up by you or your representative on or before 12/6. Town Hall is open from 8 to 4 p.m. (M - F). The sign must be located on the property no more than 10 feet from the 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, remaining until the day of the hearing. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting (copy enclosed) to us for the permanent file. When convenient for you, please return the sign to us. 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 11/26/99 Mailed Legal Notices for 12/14/99 hearings to the following: Patricia C. Moore, Esq. (Re: Poggi, Faith Reform, and Kirsch) 51020 Main Road Southold, NY 11971 J. Kevin McLaughlin, Esq. (Re: Morris) P.o. Box 1210 Southold, NY 11971 Mrs. Marguerite Schondebare P.O. Box 14580 Southold, NY 11971 Burger Construction, Inc. (Re: Riley) P.O. Box 934 Cutchogue, NY 11935 Mrs. Christina Rivera (Re: Kalogeras) 250 Sound Beach Drive Mattituck, NY 11952 Zoumas Contracting Corp. (Re: Wheeler) P.O. Box 361 Fairway Drive Wading River, NY 11792 Richard F. Lark, Esq. (Re: McLean) 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 Harvey Arnoff, Esq. (Re: Lucey/Santacroce) P.O. Box 329 Riverhead, NY 11901 Gary Flanner Olsen, Esq. (Frank Field Realty) P.O. Box 706 Cutchogue, NY 11935 Suffolk Environmental Consulting, Inc. (Bahrenburg) Main Street P.O. Box 2003 Bridgehampton, NY 11932-2003 and Robert Sorenson Construction, Orchard Street, Orient 11957 Faxed to Suffolk Times 11/26/99