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HomeMy WebLinkAbout5086 f APPEALS BOARD MEMBERS N. /al OFFOLAr cCpe•�` Southold Town Hall Gerard R. Goehringer, Chairman �4`� '� 53095 Main Road Lydia A. Tortora % y Z P.O. Box 1179 George Homing ° r�+ �t Southold,New York 11971-0959 Ruth D. Oliva ` �' a f,, ZBA Fax(631) 765-9064 Vincent Orlando `'%' j `�,,d' Telephone(631) 765-1809 %''' http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 16, 2002 AppI. No. 5086—JOHN and KATHLEEN AHEARN. Property Location: 480 Dawn Drive, Greenport ; CTM 35.-5-13: BASIS OF APPLICATION: Building Department's January 14, 2002 Notice of Disapproval, under Zoning Code,Sections 100-242A and 100-244B, for the reason that applicants' construction of a deck addition,at the rear of the house does not meet the side yard minimum of 10 feet on one side and 15 ft. minimum on the other side, and which exceeds the 20% lot coverage code limitation. AREA VARIANCE REQUESTED: Applicants request a Variance for deck additions to the existing dwelling, The original request for 9'6" and 9' sides was reduced by the applicants, and confirmed by written confirmation on May 6, 2002 from the applicants, for alternative relief, to 9'6" and 10' minimum side setbacks, and maximum 23.8% lot coverage, instead of 25.4 or 26% lot coverage. There is a 6 +- ft wide addition shown at the north side of the dwelling, and rear addition at the west side of the dwelling: FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 18, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: The applicants' property contains 15,662 sq. ft of land area with 100 feet along Dawn Drive. The property is improved with a one-story, single-family dwelling and swimming pool structure, both located as shown on applicants' April 29, 2002 survey prepared by Peconic Surveyors, P.C. ADDITIONAL INFORMATION: The applicants amended their lot coverage request of 23.8% (or 3724 total square feet)of building area. REASONS FOR BOARD ACTION:. In accordance with the review standards set forth in Town Law 267b-3 area variances ' the,Bprsi._has considered the benefit to the applicant if the variance is grant"ed, asweighedm agasf the clatriment to the health, safety and welfare of the neighborhood and community by such,grant, and,determines that: 1 Grant of thelArea variance.will'not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 2. The benefit sought by the applicant caainot be achieved by some method, feasible for the applicant to pursue, other than an,area variance. The front yard setback of 35 feet along Dawn Drive' will be maintained, with a minimum, 'continuous side yard of 10 feet on the side of the dwelling. Ala 1/4 Page 2 May 16, 2002 A,\cttt�' t ZBA#5086—J. and K. Ahearn Al ot . Parcel 35.-5-13 at Greenport 3. The relief requested is substantial. The alternative relief represents more conformity for a minimum side yard of 10 feet on one side. The alternative, reducing the requested lot coverage to 23.8% lot coverage, provides more conformity with the code, and is more in keeping with the area. 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. 5. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of the additions, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member Orlando, seconded by Chairman Goehringer, and duly carried, to APPROVE the variance as applied for, SUBJECT TO the following conditions: 1) That the side setbacks be no closer than 9'6" on one side and 10 feet on the opposite (northerly) side, at its closest points; 2) That the deck remain open to the sky; 3) That the lot coverage not exceed 23.8% after the addition of the deck. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses,setbacks and other features. as are expressly addressed in this action. Vote of the Board: Ayes: Members Go Anger (Chairman), ortor rning, and Orlando. (Member Oliva was absent due to it • -ss.) This Resoluti• wa my a ( 0). - erard P. Goehringer, Chairman / 5/31/02 RECEIVED AND FJF:F'D BY TEM souTHCw TOWN CIS DA G 1316 OUB ' own. Clerk. Tc. r: :_. NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 18, 2002 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 heard by the SOUTHOLDTOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 18, 2002, at the time noted below (or as soon thereafter as possible): 6:25 p.m. Appl. No. 5086 — JOHN AND KATHLEEN AHEARN. This is a request for a Variance under Sections 100-242A and 100-244B, based on the Building Department's January 14, 2002.Notice of Disapproval. Applicants have requested a building permit for construction of a rear deck addition which does not meet the side yard requirement of 10 feet on one side and 15 feet on the other side, and which exceeds the 20 percent lot coverage limitation of the code. Location of Property: 480 Dawn Drive, Greenport, NY; 1000-35-5-13. The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing, or desiring to submit written statements before the conclusion of this hearing. This hearing will not start earlier than designated. Files are available for review during regular Town Hall business days (8-3 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: April 3, 2002. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tm FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 14, 2002 TO: John and Kathy Ahern 480 Dawn Drive Greenport,NY 11944 Please take notice that your application dated January 10, 2002 For permit for construction of a rear deck addition to an existing single family dwelling at Location of property 480 Dawn Drive, Greenport County fax hiap No. 1000 - Section 35 Block a Lot 13 Ls returned herewith :aid disapproved on the following rounds: The proposed rear deck addition, to a non-contonnnig single family th&ening with insufficient side yardsetbacks ot;_a non-conforming 13.662 _ uare foot lot is not .errnitted sursuantto Article XXIV Section 100-242A which states: Nothing hi tris article shall be deemed to prevent the remodeling. reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such ac-tiondoes n it create any new non-conformance or increase the degree Ot non-confofnance with turd to the regulations pertaining to such buildings," The proposed rear deck addition notes a single side yard setback of nine(9) feet and a total side yard. setbacl4ofe hteen and one half)18.5) feet. In addition,the proposed addition/alteration would. increase lot coverage to twenty-six (26)percent_ Therefore,the proposed addition/alteration is not permitted pursuant to Article XVI Section 100-244 which states that non-conforming lots under 20,0(10 square feet in total size,.require a single side yard setback of ten(1M feet. a total side yard setback ofiwenty-frvej2a)_feet and no more than twenty L20) percent lot coverage. be L i Authorized Signature �1 CC: file, Z.J3.A, TOWN OF SOUTHOLD 0 „, BUILDING OMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: 765-1802 Survey PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved 20 Mail to: Disapproved a/c! I // / Phone: i, „ (C; Pq f Building nspector -- -.` �' 1--------11----Le---L—'',111/r j APPLICATION FOR BUILDING PERMIT z 1 C ,fCt� t , /Il 2000-,Tel nr- per;` ruoLD Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupancy is issued by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions,or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. "� , . 1),',/ .- lei A& (Signaapplicant or name,if a corporation) Sty milet / /l9415z (Mailing address of pplicant) State whether applicant is owner,lessee, agent, architect, engineer, general contractor, electrician,plumber or builder nice-R Name of owner of premises 1;14VL) f) 2 r 711751/ (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. "r Plumbers License No. Elecliicians License No. Other Trade's License No. 1. Loca 'on of land on which oronosed work will be done: House Number Street Hamlet _ _ 1// County Tax Map No. 1000 Section Block C Lot ` Subdivision(e,/ej ve.,5 "Of ESQ fes Filed Map No. 97gY77 Lot as:-5-73 (Name) 2. State existing use and occupancrspremises and intended use and occu fly of pro osed construction: a. Existing use and occupancy ,S/A✓G%E ,�M/4y £ ///L b. Intended use and occupancy ,5244,L.E rf/ i%y /°,:i11, 7/41. 3. Nature of work(check which applicable): New Building Addition 1< Alteration Repair Removal Demolition Other Work Eu/meerEpEAtr of DECK (Description) 4. Estimated Cost f tct • Fee t3.3 (to be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures,if any: Front Rear Depth Height Number of Stories 2 ee sF. 7 Dimensions of same structure with alterations or additions: Front Rei /6/7 s. Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear - Depth Height Number of Stories 9. Size of lot: Front /d25 ' Rear ,YO / Depth �1 J . c YA X 71 Lf-V Q 10. Date of Purchase lJ - /`d / 0 Name of Former Owner ` !,94 ' //�c, 5-70 )/E 11. Zone or use district in which premises are situated. ;39 12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be re-graded A410 Wij1 excess fill be removed from premises: YES 0 14.Names of Owner of premises 1i reA Address frd &A) ‘Atibilitie No. 71,3/-4177-3516-6- y 35SS Name of Architect Address Phone No Name of Contractor Address Phone No. 15: Is this property within 100 feet of a tidal wetland? *YES NO X • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STA I E,OF NEW YORK) SS: COUNTY OF ) fet ,C19, " 'I being duly sworn,deposes and says that(s)he is the applicant ame of individual signing contract)above named, (S)He is the . o,Oir (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swornto before me this, / day of Ar O a 01 / / a .£JS'I1 I. /moors Notary • blic gnature of Applicant ELIZABETH A STATHIS NOTARY PUBLIC,State of New York No.01 ST60081 73,Suffolk County Term Expires June 8,20.f2— fin l , f '1�z la< ®/te;z - j Assigned No.SB F-6 For Office Use Oniy: Fee$ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR -4/) , NSPECTORIJ(G 6 DATE OF BUILDING INSPECTOR'S DECISION APPEALED: J / S ✓ MiiRW TO THE ZONING BOARD OF APPEALS: I (We) .�� I1�N `• <Vu•t ,� ( ellant) 4E-9777 Q 01 °. &m petit/ pea/Et 6T/l 'like (Tel # ) HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DATE -•• WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED....l S.0 . (X) Permit to Build ( ) Permit for Occupancy ( ) Permit to Use ( ) Permit for As-Built ( ) Other: �j 1. Location of Property, _.... .. id SI# Gte +� Zone R.9 District 1000 Section.. Block.£Lot(s) 13 Current Owner 2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection and paragraph of Zoning 0/09212ce by numbers. Do not quote the law.) Article XA (K Section 100-gSub-Section 3. Type of Appeal. Appeal is made herewith for. ('X) A Variance fo the Zoning Ordinance or Zoning Map ( ) A Variance due to lack of access as required by New York Town Law Chap.62, Cons. Laws Art. 16, Section 280-A. ( ) Interpretation of Article Section 100- ( ) Reversal or Other: 4. Previous Appeal. A previous appeal (has? (has not) been made with respect to this property or with respect to this decision of the Building Inspector(Appeal # Year ) REASONS FOR APPEAL (Additional sheets may be used with applicant's signature): AREA VARIANCE REASONS: -. (1) An undesirable ..nange will not be produced in the CHARACTER of the neighborhood o. a detriment to n:. : by propertis, if granted, because: AAsaira_ii, (2) The benefit sougrtt by the applicant CANNOT be achieved by some method feasible 1 for the applicant to pursue, other than an area variance, because: (3) The amount of relief regr,:nsted is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in .:,-e neighborhood or district because: (5) Has the alleged difficulty been self-created? ( ) Yes, or ( ) No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box if USE VAkdANCE STANDS re conmple ed and attached. 24444— Sworn to befor me this SO gnature of t ppellant or Authorized Agent) y of ,1 . - , ✓0cYC ! gent must submit Authorization from Owner) Notary Public ZBA App 06/00 HELENE D.HORNE Notary Public,State of New York No.4951364 Qualifiedin Suffolk county, -.rnn- ssionExpires may 22, 52Co3 January 29,2002 Southold Town Board of Appeals: The Building Inspector of the Town of Southold has disapproved our request for an expansion of an existing deck in the rear of our home at 480 Dawn Drive, Greenport. The reason for the disapproval is that this expansion would bring our lot coverage to 26% and have a single side yard setbacks of 9 feet and total side yard setbacks of 18 feet. The disapproval cites Article XXVI Section 100-244 which states that non-conforming lots under 20,000 square feet in total size,require a single side yard setback of ten(10) feet, a total side yard setback of twenty-five (25)feet and no more than twenty(20) percent lot coverage. It should be noted that our residence is skewed on the property lines so that in measuring total setbacks,the measurement is taken from the front of the house on one side and the back of the house on the other side. If the measurement was taken at either the total front of the house or total rear of the house,the total setback would be greater than twenty-five feet. The single side setback of this expansion would be nine feet--one foot outside the ten foot requirement. The deck expansion would not encroach on our neighbors property on either the right or left of the house. The nearest structure on either of these properties is over one hundred feet away. There is no building at all on the rear property line and the nearest building is over 300 feet away from the rear property line. The reason that we are requesting this expansion is to allow for quicker and safer access to a bathroom in our home for children using our backyard swimming pool. Currently, access is throe.h the middle of the house or through a grass entryway. We would obviously like to improve the bathroom access with this expansion. As to the twenty percent lot coverage requirement, this expansion is primarily in the rear of the house and does not intrude on the sight lines or access of nearby homes or property. The expansion of the deck will be at the same level as the existing deck and will provide needed additional deck space. We feel that this deck expansion will have minimal impact on existing neighboring properties and will provide us with deck improvements suitable to the neighborhood. Sincerely, Ad v - ' J 2/urt ohn and Kathleen Ahearn TOWN OF SOUTHOLD PROPERTY RECORD CARD ER / VILLAGE DIST. SUB. LOT 1. f , OWNER k/ 8, 4 "_� FORMER OWN RN E R I jilt/Wet rd: fQ , l �e ± mil TYPE OF BUILDING Oh 11 042 tit,* t�.ff' S w 1 ` :. � I RES. SEAS. M COMM. CB. lk,G MICS. Mkt. Value/J . ` J } £ : ._ a_ I , TOTAL FARDATE REMARKS /J�r ��r V 1D •IMP. *S'd"' 9 , 'v/ Ci; ,2fo� c, E0 2 4' rro� '. AMES 8 av779 SaW #1 soa -SMALL Pi Fo E7A&&i e. -i-W1` 116 V ( I � �. f.1 IB�JJ / • �- IS t / 6 . o U _ i /./ i. ril�= g y i I�l1C. acc a L... Ise, . I t�jt�it 7 f/ a v 4 O 0 o o :./ s/a 3 73 ; Z 0* -L , 206 a 22- h / fo 44-he ra 13' SS-Oil Boa s • • 5' 0 s 0 7a. 00 gsO0 IrMiar r I3 'PAGE BUILDING CONDITION - - - NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER a Woodland FRONTAGE ON ROAD d 0 — • 6 f .,a,f§s..- DEPTH :./ L. €r ,^.'.: Cz_-csr, Meadowland �' , House Plot BULKHEAD �..e �. DOCK Total I I CsLOR Al 'r'Cr) R ici TRIM to 1,4 t •"I.' x3 i v 1 _ , ___I �q DECD+ ,� — , g _ tea,_. 21 r %) M. Bldg. d2 9 x t = 9 a' — ti -°./,.' 7 C ExtensionI +� � — ' . 6 A) red Extension — roD / 3;,5" 0 7oa_s -- , Extension - Foundation Bath Dinette �orc�,. .s x a r--` Basement Floors S a' fit »+r K 3Deco /GX ) ..2 7 - .eza / r< Ext. r Finish G//z So sl rsWFC 4. 4.. xa > LR. 3reezeway I Fire Place Heat DR. 3orage Type Roof Rooms 1st Floor BR. 'aria - ' Recreation Room Rooms 2nd Floor FIN. B r.-.-.5:, I ki Gfe ca l>Lac„a Le + c, Dormer Driveway rota! / .- "t. SURVEY OF PROPERTYVal AT EAST MARION �i I �a TOWN OF SOUTHOL17 SUFFOLK COUNTY, NEW YORK $ 1000--35-95-13 SCALE: 1 ' =20' NOV, 5, 2001 1.6a1b8, v' N as LOT „'pc mV \� o R- r i C 1.2•s 0 \..e Q t 14 7 144101' vii), 0 29. FE S10NES !,;// IC ft'.'S \. / �a ‘` 5 N ` PPS �t P�� i, 1/2 \Y, 1 T 2'. \\ i / i/ / qo ori 'A A � 5�, CO 9ptJe�P �. '�0], r RP�p• CO' Nva. \ ,�, p c. V A G�N� R,-• sy xi-..eb \ o w_ f�c. RES ' °, \.J;� '. kic ,AAO, to s 96 sis —C \ 1 \r A 3AB -a\-\ 1 �,� \ pipe FE CI \ \N LST 7`1 o7 o' 1 i\\& 1171'15' .ft \ \ lil \ 1 :Ry \ -- " W \ y4N k. , -- _ s76.46`L� ARBA = 15,662 q. fl. `4 1 LOT 7� �®F NE 'N. LOT NUMBERS REFER TO "MAP OF CLEAVES POINT, SECTION THREE" FILED IN THE SUFFOLK . y e COUNTY CLERK'S OFFICE ON JUNE 14, 1966 �t iS FILE N0 4650. !' - f . Y,S, LIC, N0. 4961&' CERTIFIED nil bra:-A 4 , 4, KATHLEEN F. AHEARN �w �. a 1 IRS, FA ANY ALTERATION OR ADDITION TOTYORK STATE Eri YY ATItIN JOHN '�'. AHEARN C A ls� iii- FAX 765-17, SECTION 7209 OF THE NEN YORK &DUC t P 1.0147.71, �_-°f!P , . " 765-1791 PT A& PER SECTION 720-SUpDTVISION E. ACt . '+• . 'y:i a , . ' ORE VALID FOR THIS NAPANDCOPIES NOT- ONI: i 'Q TRAVELER STREET somp QR COPIES DEAR THE IMPRESED SEAL L#F t sok ta wr ts� s16NATURE APPEARS HEREON ''' ETUTHOLIJ, N Y. 11971 { -r . AT EAST MARION , ° . . • T ' WN OF S I T OLD � t NO SUFFOLK C UNT Y, NEW YO 'K. , ;�, '' 1000-35-05-13 'f..r, SCALE: 1 "=:20' ,. \ ' ..'\ ..;.=-.. ..: • . NOV. 5, 2001 162,6$__- ?A . Dec. 6, 2001 (Cer/ifl alions) NLS; ,� APRIL 29, 2002 (prop. deck 1 L0T 75 __• ` � � NO SRPI F. . �;I5 1 p•���r,:.v� • es �0 (1A ' i ":4:: ,ys,'.FUaNE 5 ES\ 08'E / '.�.-:71 c, STpNvcatl 0.6' ---- - .4. ru\ V coc ' i roA2�� vTP IPS •tet_1 i 4o p yi 50+ 9R1N \ 7. ., . ^. G ESE °� Z tO GENCR y �` \ o �, ,,GE w C17� G QED a, CQ° ,� O \� N -5.• 35,3 / In 0 �� n VP 5¢E °0 . -L , �\ 340 C. 1 �\ PIPE 0 1 W L 1� - 171,15 r, �)1-''',71''-"-- -0 _ 1 1 ;,� f`! ��tC 7 1 ; r d', 1 1 'r- . � �f��� rye _ - -- 76°4 7 3 _ -le 1 142E S LO I o� +itlE�A��r '``. \ AREA 159662 sqo ft. �— - �����`�:.m.rzr,�''� _, fira LOT NUMIRS REFER TO "MAP OF CLEAVES '� � � POINT, SECTION_ _THREE FILED IN THE SUFFOLK / �' «_:•_. i;,, COUNTY CLERK'S OFFICE ON JUNE 14, 1966 . `�+ ~"_��� ((�� !�. & AA-:A . ` NiLIC. NO. 4 9618 • AS FILE NO, 465"0+ \ , TIFI Ta :lie. ., x JOHN T. AP IEARN PE ii NJ`� '•Ill•'a\a; t. ''P,C, yf}, _ �y QFVSECTION ".4P.,"-- ION DR OF NEW YORKSTATEEDUCATION VIOLATION \ KATHLEEN P. AHEARN BNY MORTGAGE CO:, LLC (631) rA, FAX.(631) 765-1797 • EXCEPT 4S PER SECTION 7209-SUI�;LjIVISION 2 ALL CERTIFICATIONS CHICAGO TITLE INSURANCE COMPANY P. 0' BI "'`� HEREON ARE VALID FOR 714-4.s. MAP AND COPIES THEREOF ONLY IF PINNACLE ABSTRACT, LLC 1230 TRAVELER STREET SAID MAP BR COPIES BEAR 1FtE IMPRESSED SEAL OF THE SURVEYOR SOUTHOLD N.Y. 11971 ® � WHOSE S$GNATUR£ APPEARS F/�REQN, xy TRANSMITTAL ME___.. TO: ZBA Chairman and Members FROM: ZB Office Staff DATE: J.�' -0oz SUBJECT:- ' e Update 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: L TrMemo.doc I Variance for Deck Expansion at 480 Dawn-Drive, Greenport for John and Kathleen Ahearn (Amended from Presentation to ZBA on April 18, 2002) MAY '2 171 Existing lot size(sq.ft.) 15,662 Lot Coverage Existing lot coverage 3,248 (20.7%) Original proposal (04-18-02) 4,072 (26.0%) Revised proposal(May, '02) 3,724(23.8%) Side yard setbacks Original proposal(04-18-02) 9' 6" and 9' _ Revised proposal(May, '02) 9' 6" and 10' . . rr,-..-..:::„%..T.7:-,-7-7.2,(2.1.v.:--).5....ere.2.17.!...1., f,:g....ife..,..,:t.:„...e4...:7:-.;.•,,%,.,..:1.!'33,JL'..:t ---,,,,,,,..:;,;A......-,..,,„,,,,, -,,,,,,.... . _ ,.. . _ . .„ . _ \...,:,eii,i-A,,,=-..,-,•==....4 - •,-•,-..„..---,.....:4,,..f,... .;.;;;, , .-• -• • ..-:..t.'.e.,,,--.;.,--?!:11-.-,.•.,i-,-.". 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"•,•'" -'-•'''-'-•' .. . , . . ......,... APPEALS BOARD MEMBERS �����gV�FO(�- ��i'0�� �'®G: Southold Town Hall Gerard P. Goehringer, Chairman ���_� t y : • 53095 Main Road Lydia A. Tortora y Z P.O. Box 1179 George Horning � t Southold,New York 11971-0959 Ruth D. Oliva �4• .0 ZBA Fax(631)765-9064 Vincent Orlando od * *AV Telephone(631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD May 31, 2002 Mr. and Mrs. John Ahearn P.O. Box 811 Greenport, NY 11944 Re: Appl. No. 5086—Variance Determination Dear Mr. and Mrs. Ahearn: Enclosed please find a copy of the Board's determination rendered on May 16, 2002 for the above application. During the final step of the building permit/zoning review process, it is recommended that you bring an extra copy of the ZBA determination to the Building Department, with the amended building plan or other required documentation that the Building Department may require. Thank you. Very truly yours, GERARD . GOEHR NGER CHAIRMAN Enclosure Copy of Decision to: Building Department O. Page 23,April 18,2002 ZBA Public Heanng Tianscupt Town of Southold MEMBER ORLANDO: I also stopped by and I think I spoke to your wife and she gave me a quick tour. This a new piece of property where its quite hard to maneuver and there weren't many options there. GARY KITSNER: Not keeping it within sight anyway. We should've gone down, way down in the corner but it would've been well over 100 feet left. MEMBER ORLANDO: I concur with Jerry that it was nicely built. It matched the house, even though they put it in the wrong spot. CHAIRMAN: Lydia, question of this gentleman? MEMBER TORTORA: No sir, it's a very clean application. MEMBER OLIVA: No, I was done there and we spoke together and you told me about your situation,which is unique. Thank you very much. GARY KITSNER: Thank you very much. CHAIRMAN: Just don't leave until the hearing is closed. Is there anybody else that would like to speak in favor or against this application? I'll make a motion closing the 4. hearing. We'll try to get to this tonight or very shortly Mr. Kitsner. SEE MINUTES FOR RESOLUTION 6:40 p.m.Appl. No. 5086—JOHN AND KATHLEEN AHEARN. CHAIRMAN: The next appeal is Appeal No. 5086, Ahearn. Good evening sir how are you? JOHN AHEARN: Good evening. My name is John Ahearn and I'm here on behalf of my wife Kathleen and myself. We are requesting a Building Permit to withstand the current outside deck of the property at 480 Dawn Drive in Greenport. As requested I've mailed the application notice to the five property owners. I've received only two of the green cards back. CHAIRMAN: Do we have those? JOHN AHEARN: I have them here. CHAIRMAN: Okay, we'll take them. Just let me stop you one second. Mr. and Mrs. Kitsner, you're welcome to leave. Call us tomorrow, we'll try and get to this tonight, if not it will be May 2nd all right. Pardon me Mr. Ahearn; JOHN AHEARN: Those are the five people and those are the returns. i \ 1110 Oil 44,Apr7l 18,2002 \ublic Hearing Tianscript \Southold ,.-frRMAN: Thank you. JOHN AHEARN: One of them happens to be in Minnesota. CHAIRMAN: I'm ready sir. JOHN AHEARN: We're requesting two variances actually in the work that we're trying to do to expand this deck. One is the variance for the requirement of 20% lot coverage limitation on the Code. The current coverage of the property right now is 20.7%. So whatever we do in this addition or whatever happens here is an expansion to beyond the limitations of the Code. Secondly, the variance from the requirement of the side yard setback a total of 25 feet per line, 10 feet on each side. Currently one of the sides has 9.6 feet that is not changing. The addition would be to the other side of the house and what would remain would be over ten feet, or would be ten feet on that side. Now the other piece of information I guess is that the house is skewed slightly on the property and the measurement was taken both front and both back. In both measurements we would exceed 25 feet with the addition. So, I realize that that's not the way its done, but I think we're in the ballpark as far as the 25-foot is concerned. CHAIRMAN: When I met with your wife on Holy Saturday, and I walked through the house and went out onto the deck that exists, she clearly told me why you wanted that t ` deck on the one side to continue almost to the front of the house. What was the reason for that? JOHN AHEARN: We have four grandchildren that spend a fair amount of time at our house, and we have a swimming pool. What we're attempting to do is to allow them to get to the rest room in the right hand corner of the house without dripping through the remaining part of the house. CHAIRMAN: So right now you're 20.7 or thereabouts. 20.7% lot coverage? JOHN AHEARN: Yes, 20.7 correct. And we would go up_% with this addition. MEMBER TORTORA: But the Notice of Disapproval says 26%. I think we need to get some paperwork clear here. Notice of Disapproval says 9; survey says 9 more feet, 6 on the south side and the markings of the deck that's not a surveyor's mark, that's your mark? JOHN AHEARN: Yes. MEMBER TORTORA: Of the deck? JOHN AHEARN: Yes. Z MEMBER TORTORA: And the deck on the north side is 7 feet wide, 7.5 feet wide? I Page , ril ,2002 • ' ZBA 25PublicApHearing18Transcript Town of Southold (-) JOHN AHEARN: Right. That would be the addition right. MEMBER TORTORA: So you just rough scaled that that there would be 10 feet left? JOHN AHEARN: Yes. We can have the surveyor draw that in because I just had the property re-surveyed. MEMBER TORTORA: In the seven years that I've been on this Board, this Board has never granted 26%lot coverage. CHAIRMAN: Well, we can shrink the size of the deck. MEMBER TORTORA: We just have not done it, period. We're very sensitive to lot coverage and as the Chairman says, we'd want you to shrink the side of the deck. CHAIRMAN: That piece that goes to the doorway, to what you refer to, shrink that down to the minimum that you may need to get to get there okay. And give us the exact lot coverage on the survey that the surveyor does. If you can't get that to us by May 2nd, because everybody is pretty busy right now, then we'll just hold off a decision until such time that we get it. Okay. Do the best you can. JOHN AHEARN: And I'll get the other three cards. MEMBER TORTORA: Just to give you some numbers, 23% would be about the maximum the Board would consider. 23%. I'm being very candid with you. CHAIRMAN: 23. 20%. JOHN AHEARN: There's no building beyond us for probably 300 feet and there's no building to the right of us for at least 100 feet. CHAIRMAN: Well it's important you maintain those side yards for emergency access, whatever that reason may be. MEMBER TORTORA: If you kept the other advantages, if you cut that deck back on the north side then you're going to pick up a lot more on your side yards. So it would be a dual advantage to you. JOHN AHEARN: Right. Well the 7-1/2 feet would be something less than 7 1/2 feet and we could probably take some on the south side of the deck. MEMBER TORTORA: It's a 50-foot by, what 50 x 50 foot deck. You've got a lot of playroom. Page 26,April 18,2002 • ZBA Public Hearing Transcript Town of Southold _ JOHN AHEARN: Okay. What we're trying to do was, there's a pool behind the deck and 1/41 now has sort of a grass entry way into the area of the pool. All we're trying to do is to not let the kids run in through the grass and get all the kinds of problems that you have. CHAIRMAN: Whatever you can do then to assist us, we would appreciate it. MEMBER TORTORA: Let us know what you come up with and let us know what that final number will look like as far as the setback on the north side. Okay. CHAIRMAN: So what we'll do is we'll close this hearing pending the receipt of that from you. Again, we are going to get together and start deliberating on some things on May 2'1. If we don't have it by May 2"d, we'll just go on to May 16th which is the next regularly scheduled meeting. But don't leave here until we close this hearing. Thank you sir. Anybody else have any questions? No. Is there anybody else that would like to speak in favor or against this application? Seeing no hands I'll make a motion closing the hearing reserving decision until later, pending the receipt of that information. SEE MINUTES FOR RESOLUTION * * 6:49 p.m. Appl. No. 5087—JOAN WOOD. CHAIRMAN: The next appeal is Joan Wood, which is Appeal No. 5087. Mr. Ahlers how are you sir? RICHARD AHLERS: Good evening, nice to see you all on this nice cool evening. I have some cards here if I may? Richard Ahlers, 456 Griffing Avenue, Riverhead, New York for Joan Wood on an appeal to add a pre-existing garage which is a pre-existing structure on a sub-standard on tax map 126-5-5 in the 1000 tax map. She is seeking a variance over the 20% maximum to 23.5%. I was very interested to hear the earlier aliquot and I thought that if 23.8% was the case, we close to the base. CHAIRMAN: But I was overruled. RICHARD AHLERS: I didn't hear that sir. I'm afraid I have amnesia, or poor hearing. These lots down Peconic Bay Boulevard, I'm sure you're familiar with. I don't think I have to go over the history of the front house built in the 50's and the house she occupies built in the late 40's. These structures were placed as families grew and the father built both structures. They were then divided and that resulted in this 9,000-foot lot, which makes the application of the 20% rule. Difficult for what people have come to expect in the way of accessory garage structures. So she's seeking to add on to her garage. Did you have a question? MEMBER OLIVA: You mean the Woods own the house up by the water too? RICHARD AHLERS: They don't currently. 4 . i ®�® ®� ELIZABETH A.NEVILLE �� � 104. � Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 cga REGISTRAR OF VITAL STATISTICS % i Southold,New York 11971 MARRIAGE OFFICER :®�r �*° Fax(631) 765-6145 to RECORDS MANAGEMENT OFFICER =_ " ��®'�ioi Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ������,��� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville, Southold Town Clerk DATED: February 12, 2002 RE: Zoning Appeal No. 5086 Transmitted herewith is Zoning Appeal No. 5086 of Jolihn and Kathleen Ahearn for a variance. Also included is: Notice of Disapproval dated January 14, 2002; Applicant Transactional Disclosure Form; ZBA Questionnaire; and survey. , "';„, 'L,GALy1VtD1`ICE,?•�„fi,�x a„• -- / #6,,,, NOTICE Ot=AJA:iiG-tittit INGS'- -zsik riot ii STATE OF NEW YORK) �I'r >..aYM re _ ,U,'r �=_:su:::,>r,«._^ .�^ :� ` c_a":•.. ~` -= ;,, .4:Piiif L -;•;r `- ,of"DigaplirovaL Applicant is;pro su gr:- )SS: :'''HIIRSDAY APItII:`18;. 1)02,. toxons.0.1 additions and(alt ii,tions,to- COU F UFFOL ) "'5$IQ0'IC0-1- 4RE Y GLVEIV`;pur- `dwelling= 14-4ii will lie les ‘saant=taSecti 267,'o�f`itie-To,H%n Law from"ilia front poperty,•lirie,�,at`375.' � �Q�4�• of Mattituck, in said ''arid`Chariter'100:(Zoning);Codeof,.tae -';WampumAWay,,So'uthold; Pircely1000 county, being duly sworn, says that he/she is Principal Towr4 of SootIl'OiVtli foll'Aiiig appli= 87=237,'and'38;(combined 4one-lot). cations S will,,itieth f9 ra;. ,y.1 "the _`. 7:00On.4ppi.,mbined 1s one lFt)T- clerk of THE SUFFOLK TIMES,a weekly newspaper,pub- SOUTHOLD TOWN B'OARD 'OFY' 'S:and:DOROTHY'YOUNG This;isa lished at Mattituck in the Town of Southold, County of APPEALS at`.Ii •- 9,v,41_Hall;;'53095 =f equest'-fof;'a'Dana i3O:under*ctiO ' Mainl&e,•S°utfiblii=,New YOrk:'1197 ; -'=100=33,f'11;ased:'on"the" Building Suffolk and State of New York,and that the Notice of which .on TUURSDAYYAPRII:"-18,.,21)02;`at'the' p` "`•'r` 's-Tebru 2 ti + 'Lje artm nt's, timesnoted:below(or=als n.ihereafter oit` isa g aryeli 200 Notice the annexed is a printed copy, has been regularly pub- �e' ti.i, a"�•.�i{,_', r �isapjjroval.N;Applicants;popose a. as:•possible);� • ', -: - ;- ,new°accessory garage as,a replacement lished in said Newspaper once each week -„,k05Akii.,iii:fAppliNo�'5,045=;FLOYD--'with enlargement at':1ess than,ten 1eee't KING'. UST'= . �• s r ,;.,.. TR , :(Contin iatidlikir`dm �froin' e c at 62615`Noxth' for / weeks successive( commencing ,�Jatiu '10;,2002 � losestlot.ling,' + aty' =Hgaiia Cal n e dar as ;R'oad;Greenport;Parcel 100[1;40=1-8` the day ;,requested by applicant). `'`"' °^ _s_. t�': 7:o5•i3Zni.''APPI.'No:`5092': :AND on '5:45,04n.,,A f 1-No.'508= • r s' /gyp PP.• 2� 'PAUL I.'ARNOLD':-`':This is``i:r`e'quest•for'a Of �i'"/��G 2Q�o`Z • , AHLERS';:.lhis'�is'a'request,foc;`a Variance'undder°'Section°100=``239:4B; <Variance5:tinder?Section'ut00-33C�'a441 based pion the. Building'•Inspector's, / • 100 30A:4,'r based•ion„;,,the:L3uilding January-14,2002'Notice'of Disapproval: / \ Department's Januar'y"`8:2002 Notic ..f Applicant`is-ler,., ,,gT'to construct a `i rincipal Clerk ,Disapgioval--regarding=applicant's�plan . -.rear;deek''addition wit6'a'setback`af less'' to;locate'aivaccessorys`•storage`building •_•thaii�75•feet•froiii.-dwoodfre r r tarring wart, ��, 'with'a'seiliack of less thanXf ve`feet=from =`ate_2105`Bay,Shore•Road,}Greenport; the;property one:+`;:•.'4»t4`.;"•;-4s;`;: ,h:.rrt 'Parcel1000-53=4i13.t Sworn to befo a me this - 5:55•p:i{t..:Appl.No:5083-A-IyTHO- 7;10 p:m: ;Appi:No.-5093--EDGE- day of 2Q t NY=^CA1 NESIC”This is'a,,,request'for,a _'WATER,�•,.-This is a request for a ` •Y ariaiiee":iiide_r°;Sec oii';f00-242=A7adei Sectio s °' /� �� /� 4 d�;;�_.Variance,.un r- n ``1oa231"-and w- � ,100-24.4B',t13`ased'''on''Tine Buildings;:z�;�f00:31C:;4'B,,'b sed on the-Buildin Gr gwr LAURA E. BONDARCHUK n s;' Jany 's"Amended-February 27” New York D'e'pattme t-,' ary 25;•-,2002?'_=De artment. +�•*_ NotaryPublic, ' Aniended;Notice'ofDisapprovalregard ,= 2002Notice of Dis Y' 7 5State Of N Y licant stiiiildiii '$`"" a r`oval:-:A' licant�x� \ ing;:appli ' , S;peinit4applica__r proposes;'-i(1) after-dark lighting aproo-; _,I No 01ied in Suffolk958 �:,trait,-fo;they"as'bpilt'location,of_addi=;4,`, hibited:.use ,for a proposed accesso QUalifled in County a... ry\ My Commission ExpPt@s Dec.24,20— �-� .ftion(s)/alterations;at73565;Cedat�Bead=;,c4tivate,tennis=court'stiueture,-.,tandi(2)-:., •Road,•Southold;:Parcel 1000-93=1,_612:;;=� tennis court fencing over the l eiglitlim='" - The re'asogs 'stated,in .the N-dice tof_,:Y' "' �_ - � Q xtauon of the,code for an accessory pri= a oval`ai ,that.r �'' property • dwelling is=les •tiiaii15feet,and=•20,feet," r nptirt;5i..^ ,„ �s _.�; �, -„ ,i:;�)Zoute48:ii/k/a;Middle oad,�',Greerip'oit•'� - �;;.;4noi he`side;.yards;andthas�a total sidev:':a-11000;40. s"=; • '' 4.= "yard;of,'less.than 35 feet,and#the;pro:^': J.;7::25,p!m:',,Appr'No. 5094-DON -- I posed.tiaddition/alterati'o"n AZncreasest,th'e;. ALD-B1JSKARD.''This is a request for ih AknoiFConformanc '!,7 `;`-' `' a `• .'degree e, = �,,.,_ ce c r�J` "6:00 .m.; :431,00.' ( . : , f6' ' 86a�.`,a�'ari,,an under;Section 100-33,haseclfs / CHURL pip.: •: 5_ -". ;;ori the=Building Inspector's.Februait,I',i., x-L;I:C: Thisiisairequest.1;2002;Notice'rof=Disapproval,` ', , regarding, for a a Val ante uncle Y Sections L 100;, the l�ocadpn`ofr4a.`proposed accessory "143'.A-'-and,t:100-142, based'.=on';"th '=_s'wim iiig rycture, at•2795 'Burd`'�' - j ';n -�>.. e`'-� rn ';Boal st` ;. 1 ing,Department's :January' 10;. 1it•Gillette-°D .Nptic �of rive;-'East Marion;';--Parcel' 2002, a Disapproval Applyicant :100038?3-21:1;.; ` _, is proposing"to,constindp,n,new ildin it.'', o • �.��'3H. g'; =7130 p:in:;'=Apel:No:;5096-GUS- ' located;':in";the,"'Light;;liiiiiistriar,Zone;k:-.,;-MAR REALTY This•is'a_request for a ' r Di;tiot, ,with'-,a-building frontage Variance underSectio '\ eater-tli n'100=244B�G,ased`�•• w .De ,+ ..v.ri _,r( id��rTO a an-60,;ft:;1.ong{,;a3iil.iat.�t`�on,th�,Buildmg- inert;sebru ;R -less :fe t-from:ilia rear-P,.rPPerty ',7,2002'Notic Dis ppi'i"' o the -'1 �� �. U�a��" `-�,,;,:,,;" a.oF�DisapprQ.wallfoc•�the`�-=„-,-___ -,-, ______ line, at'640 Church Lane:`Cutefio_gue; location of a new dwelling at-less than - 1000-96-1-11.1. 40 feet from both frontro rt lines,at rooms,as owner-resident occupying this P.O.Box 117 P Pe Y„ 6:15 p.m: Appl. No. 5085 - JOHN 380 Marina Lane,East Marion; Parcel dwelling, Southold,NY 11971-0959 and CYNTHIA KISTMER. This is a • 1000-35-8-5.14. 8:05.p.m. APel.No.5068-CHRIS- 2272-1TA4 ' ' request for a Variance under Section '7:40 p.m. Appl.No.5097-J.AND TINE AND GLENN DAWS 100-33, based on the .Building C.SLECKMAN, This is a request for a regarding a forrequest'for a Certificate e o of Department's November 20, 2001 Variance under Section 100-242A and Occupancy for two single-family resi- Notice of Disapproval regarding appli- 100-244B, based on the Building dential structures located at cel ' cant's"as built”location of an accesso- Inspector's January 28,2002 Notice-of Broadwaters Road, Cutchogue; Parcel ry storage building in an area-other than Disapproval regarding the reconstruc- n I 1 104. Applicants:(1)request the required rear yard, at 300 Holden tion of the dwelling with addition(s), an nterpretation of Section 100-241G Avenue,Mattituck; Parcel 1000-110-2- The proposed construction with addi-• and 100 lfor of the Zoning Code;and 9• tion is"as built"at less than 10 feet on (2)Appeal fora Variance or other relief, 6:25-p.m. Appl. No. 5086-JOHN one side yard and less than the mini- regarding the Building Department's AND KATHLEEN AIIEARN. This is a muni 25 feet total for both sides,at 150 Notice of Disapproval dated December request for a Variance under Sections Oak Avenue,Southold; Parce11000-77- 14, 2001, which states that an 100-242A and 100-244B,based on the' 2-5. - - Accessory, nonconforming cottage is Building Department's January 14, 7:50'p.m. Appl. No. 5121 -CUS- non-habitable based upon the Building 2002 Notice of Disapproval. Applicants TOM DESIGNER HOMES,INC.,This. Inspector's Housing Code Inspection have requested a building pernut for is a request for a Variance under Section ' Report of 4/13/00 and pursuant to construction of a rear deck addition 100-32 based on the Building Article XXIV,Section 100-241G,which which does not meet the side yard Department's March 4,2002 Notice of states: requirement of 10 feet on one side and Disapproval, regarding the "as built" Whenever a nonconforming use of a IS feet on the other side, and which location of a proposed new dwelling,at building or premises has been discontin- 'exceeds the 20 percent lot coverage lim- less than 50 feet from a front property yea for a period of more than two(2)• itation of the code. Location of line facing a right-of-way,at 4700 Main- yew or has been changed to a higher Property: 480 Dawn Drive,Greenport; Road,Greenport; Parcel 1000-35-5-5:1. anythingaion iors r a conformingtheo use, 1000-35-5-13. 7:55 p.m.Appl.No.5129-ARLENE twihin this'A a nonconforming o co the contrary ntruse 6:35 p.m. Appl.No. 5087 -JOAN YOUNGMAN. This is a request for a of sychstanding,the non miles shall use WOOD. This is a request fora Variance Variance under Section 100-33C;based longer erh permitted or unless variance no under Section 100-244B based on the on the Building Department's Febru be va Building Department's December 20, 22, 2002 Notice of Disapproval, therefordshAall have been granted by the 2001 Notice of Disapproval. Applicant requesting relief from the setbacks Board pf m. App. is proposing to construct additions/alter- restricted under ZBA Appeal No.5013 8'OD 8' Appl.No.5077 and 597:- ations to a nonconforming accessory dated October 25,2001,for an accesso- (CTHEOD NIS. building with 'a total lot coverage ry garage building. The"as built"loca- Hearings Caltion from or". ch 21,l2002 infor- exceeding the code limitation of 20 per- tion of the garage buildingHearings Calan. -•` ado al is less than matron fr.•- :ppticant.) cent. Location of Property: 8910 10 feet from the kide property line and . . Peconic Bay Boulevard,Laurel; Parcel less than 20 feet from the front property Board of Arpeals will dear all persons,or their representative,desiring 126-5-5. line,at its closest points. Location of to be heard at each hearing;-or desiring 6:45 p.m. Appl.No.5089-GARY - Property: 1010 Salt Marsh Lane, to submit written statements before the AND JOANNA CAMPO. This is a Peconic; Parcel 1000-68-3-6. request for a Variance under Section 8:00 p.m.App!.,No.5075-DIANNE conclusion of the hearing. Each hearing desig- 100-244B, based on the Building DANEK. This is a request for a Special will not sive.- Files; ar the atimu l Department's January 31, 2002 Notice _Exception rated above. Filen are available si- permit under Zoning Code review during regular Town Hall bust- ' of Disapproval. Applicant is proposing Section 100-31B-14 to establish a Bed ness days(8-3 p.m.). If you have ques- to construct an addition at less than 35 ,and-Breakfast Use as an accessory to the tions,please do not hesitate to call(631) - feet from the rear property line,'at 650 applicant-owner's single-family 765-1809. Three'Waters l=ane, Orient; Parcel dwelling use at 290 Private Road#32, Dated: March 29,2002. 1000-15-6-24. alto refrrrpri to as l:roat Pnnd Wolf 1QIII : COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY EI Complete items 1,2,and 3.Also complete A-rS.na ure item 4 if Restricted Delivery is desired. ❑Agent le Print your name and address on the reverse ( X ❑Addressee so that we can return the card to you. . ••ceive• .y(Printed Na e) Da of elivery ® Attach this card to the back of the mailpiece, or on the front if space permits. Y d 1. Article Addressed to: D Is delivery address different from item 1 Yes .-7_ If YES,enter delivery address below: ❑ No Do...c..4aL,11,. 0015 gree o{V 11144 3 Service Type t t ertified Mail 0 Express Mail P Registered ❑ Return Receipt for Merchandise 0 Insured Mail 0 C O.D /� �� �!� 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer frerp•service;label) 1, ' ' '1 17000/b70D 0037 co r 7,9 PS Form 3811,August 2001 Domestic Return Receipt 102591-M-2509 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP-I-4 in this box • j 1)- A keA r n P- D • e-{e ev or 4" 1 3 - i I« 14-11- tigm 1gre-irr.gwak ii.-wmoitro COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A Sig - _ ,....400.- item 1item 4 if Restricted Delivery is desired. -; Agent • Print your name and address on the reverse X r - ,�1_o— 4 ❑Addressee so that we can return the card to you. g?: ei Panted Name) C. ••te.f Delivery ■ Attach this card to the back of the mailpiece, ,� / 49'or on the front if space permits / SD7ls delivery address different from item-L a Yes 1. Article Addressed to: n{' if YES,enter delivery address below: ❑ No -i�1 ' MY••4-Ilv5. K- ©i 114,(Li ,:, b 6 til To uuvl D'1)(4_. ll • P1' Mi A 4e- U A a 3 4,( 3. Service Type ❑Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise //Ole ❑ Insured Mail ❑C.O.D. --je503j 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label). , ; ' PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 UNITED STATES POSTAL SERVICE 111111 First-Class Mail Postage&Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • P- o "Sox_ at ( G- ve_e_opoirf , rd .y. 1( qq-`f- 11IIftII1II'llillttllffli1llill' Mailings for Variance for Deck Addition @ 480 Dawn Drive, Greenport, NY for John and Kathleen Ahearn 1000-35-5-3 Apodacas, Eraklis & Others 7122 Ridge Blvd., Brooklyn, NY 11209 1000-35-5-12 Diamond Builders Inc. 443 Main Street Greenport, NY 11944 1000-35-5-14 Baboukis, George & Wife 3103 Buhre Ave. Bronx, NY 10461 (41/4/3 1000-35-5-20 Collins, Thomas & Wife 26 Trainer Court { Huntington, NY 11743 1000-35-5-21 O'Malley, Kevin F. & Lorraine S. 16041 Dawn Drive Minnetonka, MN 55345 O oP.O Bwn B ox SoutholdIMO 1179 outhold, NY 11971 * * * RECEIPT * * * Date: 02/04/02 Receipt#: 563 Transaction(s): Subtotal 1 Application Fees $550.00 Check#: 563 Total Paid: $550.00 Name: Ahearn, John T. & Kathleen 480 Dawn Dr P 0 Box 811 Greenport, NY 11944 Clerk ID: LINDAC Internal ID:49052 . ., . lb 0 e?6. Loi ems. S;z_c ,s-; 66, 2 decks / � 1°" 1 3-60-0 '-,e_ctseot fo*0 27.2— — eei 1_0 I co dera ,_ _3224 /2017%5 ro- �e) oa) i 11 ,s- sr-t- : /f,30 ,______,/________ ,(4— a 0M prop3S 11 -3971) '(0 Size 0-guii— ' ---11---577 -: APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the pari, 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: ___i0701(77;- ..__J/�//`►�/'+/ / , f ^� .41-c...„5210/ (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. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YESX NO If you answeredI "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant and the town officer or employee. Either check the ) appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her spouse , sibling, parent , or child is (check all that apply ) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation) ; C) an officer, director, partner, or employee of the applicant; or D) the actual applicant . DESCRIPTION OF RELATIONSTIP Submitted this ,J day of a, e202 Signature j_& ,. ` Print name s,. j 0!ek 4111 4110 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION // A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate //hee d J , r )attached.attached. ) / i /"�' i'A' ;I/l�l!'! 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• 00 No _ D. 1. Are there any areas which contain wetland grasses? 0 2. Are the wetland areas shown on the map submitted with this application? 3 . Is the property bulkheaded between the wetlands area and the upland building area? -- 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed co ruction at or below five feet above mean sea level? (If not applicable, state "N.A. " ) F. Are there any patios, concrete barriers, bulkheads or fences which exist ani e not shown on the survey map that you are submitting? 0 If none exist, please state "none." G. Do you have any constructi n taking place at t-bis time concerning your premises? :' If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? �/,CjIf yes, please explain where or submit copies • of deeds. I. Please list present 12.9e or operations conducted at this parcel ,tErjE ��� / and proposed use le /b_ A✓ 7 / ei 1, � 1 1 �� A i3'••rized Si tune and D ' e 3/87, 10/901k 4 a)E 011)1(/ ailirr*/ k ez--5 -e,607--- h%feii eiyazyikvit-zafL (VAieie A'S 610.%'X, D/4/ . I4 / 7 ie /yl// /i.c2 08 *6. --- cru-e, osfi civ . CT 32 , rO se 'ba c-kung FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 14, 2002 TO: John and Kathy Ahern 480 Dawn Drive '* ,�. rV ri`°'' r� '�1 Greenport,NY 11944 " 11i IAN 14 20CCZ Please take notice that your application dated January 10, 20021 I J For permit for construction of a rear deck addition to an existing single family dwelling at Location of property 480 Dawn Drive, Greenport County Tax Map No. 1000 - Section 35 Block 5 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed rear deck addition, to a non-conforming single family dwelling with insufficient side yard setbacks on a non-conforming 15,662 square foot lot, is not permitted pursuant to Article XXIV Section 100-242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The proposed rear deck addition notes a single side yard setback of nine (9) feet and a total side yard setback of eighteen and one half(18.5) feet. In addition, the proposed addition/alteration would increase lot coverage to twenty-six (26)percent. Therefore, the proposed addition/alteration is not permitted pursuant to Article XXVI Section 100-244 which states that non-conforming lots under 20,000 square feet in total size, require a single side yard setback of ten(10) feet, a total side yard setback of twenty-five (25) feet and no more than twenty(20)percent lot coverage. Authorized Signature CC: file, Z.B.A. // .4 *�=s t'"2- 2 /67 / . x / ‘ _ ... oR r IS -P, . , :' 1 ',/%o 1)losi? '. Al:' •,r)1R__6"E-Prclui 7. - ,. • _. , , 7%z At's,. .-6 , ,97s— _ , , , , S f x ,7' ' �— 577. ._ - / 0/7' c_.-s- - .„, ' . ._, / t i . I *4 6/04A4 - /eC61,1,1/d. E-:_g. ._ ., .,' , 7.- .(9, _ ,.C_ F: ce,ag, JO 11.A... 7 . _ . c ' , ( at. . ,,, , - - , 1 ..- , , , . , - ' • . S • . . . '4 • '' N _ - 1 . . _ SURVEY OF PROPERTY i) tila4 , .. . AT EAST MARION ( ill GG' 1145 DOWN oF SOUTHOLD . SUFFOLK COUNTY, NEW YORK . 0 . , , .q.,.. ,..}- . 1000-35-05-13 - SCALE: 134=20' NOV. 5, .2001 6Z'681 ti$ 0 1,,,,,,w,, 4<.,- , --;#-• ,e4 ,•,;:-;-• '' '- ___ ---"N irs - \cr.;.• c:i. -- WI \ , tIN - •• - • -- ; - -,-:••,-,v,,,. ;,•;„ \ •• '-',;' *-,,,,,,,,•;,:,; -- $,R,r• . ..., IL • : --.-„,,, --\ i . — - - t . . N 13 • --- a. .. .,,i.STONCS 1110 6.8'., ....... 04 ..--- - v 40° .. ......, -sr -1.3 .Z. -- -o -cz 0 •,,. .._ 7.3 le IC- \ • -,3._ co „, 0 , 4 . . , C 0 . V:1 t-Sai . "ty-... \4‘ ...... c-A\-170 \ 1 -4 ..\iv" 3A 0' -4n,%\ \ • PIPE \ ( \ \ FE CI Vin 1.0-1 74 -1t. 171.15' \ ., c2. \ _ --- .. - , • -e) \ _ _ . — le.3-•\.-.°,...,,,\---‘,,,---1-:iii„e' 1' \x:6).,,ef.' _ -- S 7T AREA. 15662 6 _.,.. .. .. . \jg'S.... --- = , s,,q. ft. N LOT NUMBERS REFER TO 'MAP OF CLEAVES / ' '' POINT, -'SECTION THREE' FILED IN THE SUFFOLK ' ,•' . . . , • COUNTY CLERK'S OFFICE ON JUNE 14, 1966 .. 'i t / . --,— LO.L-toPt . . ,-.45 FILE NO, 4650. ' .,.' CERTIFIED TO: `. —,-,viimigif,,,,,..e-, .Y.S. LIC. NO. 49618 . . iwirw41.01 • lib ,. c 7:val., '''44-19;';'._ ' . •,,, KATHLEEN F. AHEARN -. 1 ' ' _ 1R5, P,C, s ' ANY ALTERATION OR ADDITION TO THIS stoWtY-4,14 *14.4trani JOHN- T AHEARN Ci:-. 1 - ,,-zyc.0 er._ 0 FAXi(631) 765-47, Z OF S,ECTION 7209 OF THE NEW YORK STATE EDLICATIOMAA„ t,,V-' , - P. ir,-- f...iii.' ”-- pkgp.7- As,PER SECTION 7209-SLIDDIVISIDN E. ALL CERTirra4:6(104-.1 . HEREON ARE VALID FOR.THIS MAP'AND.COPIES THEREOF OWL Ir ,c,...7_,,,,. 1 l' 1.a.X T,RAVELER STREET SA:ip. ',04P:4145' COPIES BEAR -THE IMPRESSED;SEAL OF THE SURVEYOR':A:.:4 • . , wpsEs11.74Twr APPEARS • HEREON, - ,c"- _ SOUTHCILD, N.Y, 11971 ..-- ... , .. .. . , ... .. _ 'al — i:ffi H''''' 5 , . . • - . ' MATWy lel U .CERTIFIED MAIL -RE 1I2 v omestic Mail Only;No nsurance overa•e -rovl.ed ru _ .3• MINNETONKA, AN 55345 L A U Postage $ 034 UNIT ID: 0944 O Certified Fee 2.10 Postmark Return Receipt Fee 1.50 Here M (Endorsement Required) I= Restricted Delivery Fee Aerk: KTRO3Y l= (Endorsement Required) Total Postage&Fees $ 3.94 94108/02 3.x-5 2j --▪B Sent To Street,Apt No.,� or PO Box No ox� PS Form 3800,May 2000 U See Revgrse for Instruc • 'fai�lC•7— - xi111gI401M1_.iIiNx.34I2- •omesttc 'all •nly;No Insurance Covera•e Provided = p DRO NY 40461 ; 9 'i G=;\ + i IES lIL4 C,?J . Ln v Postage $ 0.34 UNIT ID: 0944 O r- Certified Fee 12.10 Postmark m Return Receipt Fee 1.50 Here (Endorsement Required) 0 O Delivery Fee -- lerl.e KTRL?3Y O (Endorsement Required) 1=11-`- 3.94 4/08/0?3.5-15:-/C Total Postage&Fees $ 3�✓ / 5/h .USent To a rYI(.4- 41 r5. G_ yic---&0-b0 kKjs Street,Apt No,or P Box No. 030 ve- Ave • l: City, .te,ZP+4 w r- P van (1),+I.I PS Form 3800,Ma 8 s • • 'S-7"IT/[d- •oroesttc Fat •n y; 'o nsurance overage Provided r- o GREENPORT, NY 11944 Ln Postage $ 0.34 _SIT ID: 0944 O • O Certified Fee 2x10 t'- Postmark Return Receipt Fee 1.50 Here rrt (EnG1rsement Required) : 0 18r�•'.s Restricted Delivery Fee KTRO3Y (Endorsement Required) O Total Postage&Fees $ 3.94 04/08/0' ..A Sent To apat_Yxi_o v.ci. B(4.1 (cL enc • S reef,Apt No,or PO Box No CI0 9 3 t_CS+• p Cit St e,ZIP+4 r` &r&yl !,(5r-1 • ii LI- PS Form 3800,May 2000 See Reverse for nst i.n, • a zWir. (Domestic Mail Only;No nsurance overage Provided n / BROOKLYN,-NY 11209,; 5 I Ln i Postage $ 0.34 UNIT ID: 0944 1=1 1=1 Certified Fee 2.10 Postmark Return Receipt Fee 1.50 Here 1-11 (Endorsement Required) I=1 c3 Restricted Delivery Fee Clerk: KTRO3Y (Enclorsement Required) 1 Total Postage&Fees $ 3.94 04/08/02 -0 Sot To 35—S1-3 K A pool I a-coS 4 CrtY,e_rS Street,Apt No,or PO Bfev,IVo 1a'i -alvci • State,ZIP+4 b 004eL p - - PS Form 3800,MW2000 .1131:00ErlinirgarT11•111: inri ' • •.-. s� i ® I � (Domestic-Mail Only;No Insurance Coverage "rovi.ed- _a laimemimmim — = HUNTI 1GTON. NY' •'11743 ` i'%i `, u-1 Postage $ 0.34 UNIT III: 0944 0 O Certified Fee r,- 2.10 Postmark Return Receipt Fee 1.50 Here Rl (Endortement Required) O Restricted Delivery Fee Clerk: KTRI 3Y (Endorsement Required) CI Em Total Postage&Fees $ 3°94 04/08/0Zc-----4- _p Sent gTo 4_1_11_11:,5 }/� ) �n r I` Street,Apt No,ALM.Box No O o 2—(a. lirairie r C a Yt rn CitA pt.te,ZIP+4 w>1- . in I - 11- PS Form 3800,Nay-2003 ri 'See Reverse or nstruc". - Certified Mail Provides: ■ A mailing receipt • A unique identifier for your mailpiece • A signature upon delivery • A record of delivery kept by the Postal Service for two years Important Reminders: ;A't f 'y!' .'•,i 1 j�G;1 NI Certified Mail may ONLY be combined With-First-Class Mai or Priority Mail • Certified;Maiiis iibr ai'Aliable for sllysclass of international mail ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail For valuables,please consider Insure¢pr_Registered Mail. • For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt s8nrvice,please complete and attach a Return Receipt(PS Form 3811)to the article"and add applicable postage to cover the fee Endorseimadpiece, gturn Receipt Requested" To receive a fee waiver for a duplicate sreturn r-eceipt ,a USPS postmark on your Certified Mail receipt is required • For an additioha"Nffe"ey-delivery;may, be restricted to the add;.essee or addressee's authorized agent Advise the clerk or mark the mailpiece with the endorsement-"Restricted Delivery" ■ If a postmark on the Certified Mail receipt is desired,please present the arta= cle at the post office for postmarking If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,May 2000(Reverse) 10259599-M-2087 • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK x In the Matter of the Application of .TO/V4 ( aja-� `� _ OF (Name of Applicants) MAILINGS ' CTM Parcel #1000- 6- �d-/j - COUNTY OF SUFFOLK) STATE OF NEW YORK) ,dtilk-1) 1 �/' 120_-LLC,/ residing at _ / p': 'A , New York, being duly sworn, depose and say that: i I • . On the � `' day of 4/4--;L , 200Z; I personally mailed at the United States Post Office in ,i� .6.JAa, , New York, by CERTIFIED MAIL, RETURN RECEIPT `EQUES ( D, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the 0 Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant' property. alli/iX (Sig ature) Sworn to before me this /6-`'4- day of O/ , 200 HELENE D.HORNE Notary Public,State of New York Nota Public No.4951364 (Notary ) Qualified in Suffolk Courtly Commission Expires May 22, 6 p 'S I . _ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Mailings for Variance for Deck Addition @ 480 Dawn Drive, Greenport, NY for John and Kathleen Ahearn 1000-35-5-3 Apodacas, Eraklis & Others 7122 Ridge Blvd., Brooklyn, NY 11209 1000-35-5-12 Diamond Builders Inc. 443 Main Street Greenport, NY 11944 1000-35-5-14 Baboukis, George & Wife 3103 Buhre Ave. Bronx, NY 10461 1000-35-5-20 Collins, Thomas & Wife 26 Trainer Court Huntington, NY 11743 1000-35-5-21 O'Malley, Kevin F. & Lorraine S. 16041 Dawn Drive Minnetonka, MN 55345 • a r' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT i OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- .3.3 f -/3- - ---------x COUNTY OF SUFFOLK) STATE OF NAW YORK) . I �d /. / ` Gee / residing at fa 9„eat,‘„, ,' 'l, New York, beingdulysworn, depose and saythat: '' il , p On the �O day of , 20Q .,I personally placed the Town's official Poster, with th-s-te of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has rem-'•ed in place for seven days • prior to the date of the subject hearing date, w -aria as shown to be 4r” (Signat e) Sworn to before me this /16 may of GyAd-_200 HELENE D. HORNE 1)'i-a_e_—i,ci s „..),/,,,j Notary Public, State of New York No.4951364 Qualified in Suffolk Court (Notary Public) —,-.—ori E%ioires May 22, p O *near the entrance or driveway entrance of my property, as the area most visible to passersby. l 111) FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL APPL# Serb ASSESSORS CARD (7 COPIES) NAME CTY. TAX MAP (7 COPIES + 1) CTM # 35 S-/3 r/ INDEX CARD (ATTACH OLD) TOWN „Illy„„ 0,4, LIST ALPHA BOOK ' RESEARCH ALPHA V/ COPY PRIORS led ✓ SIX COPIES INSPECTION PACKETS COMPLETE • REF: UPDATED NEW INFORMATION 744-4409 `7141'.1//3/6 kjoi-Y1 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.KowalskiaTown.Southold.nv.us or Paula.Quintierk Town.Southold.ny.us (631) 765-1809 fax (631) 765-9064 April 3, 2002 Re: Chapter58 — Publi Notice for Thursday, April 18, 2002 Hearing — Dear : Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with the above sketch or survey showing the new construction area, or details of your request, by Wedneday, April 10th, 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. When picking up the sign, a $15 check will be requested for each metal stand as a deposit (if needed). There is no cost for a poster without a stand. Please post the Town's official poster/sign no later than April 11th. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) The sign(s) must remain in place for at least seven (7) days, and should remain posted through the day of the hearing. If you need a replacement sign, please contact us. By April 16th, please either fax or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. The original Affidavit is due not later than the date of the hearing. Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the hearing, if possible. If any signature card is not returned, please advise the Board at the hearing. These will be kept in the permanent record as proof of all Notices. By April 18th, and after the signs have been in place for seven (7) days, please submit your signed Affidavit of Posting to our office. A copy may be faxed to us, with the original furnished during the hearing. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff P.S. Please pick up the poster sign between Monday and Wednesday, April 9th-11`h between 8-12, or 1:30-4. Thank you. -- . f' re Hp tea+ I „0. .i Ili C=3 •9:6.:'::M•.•'; u �,Ar Town loard roarof Appeals ,�,:' SOUTHOLD, L. I., N. Y. 119"'71 �•��," fTelephone 765-26+60 APPEAL MEMB R 1 I/, Robert W. Gillispie,Jr., Chairman Robert Bergen Charles Grigonis,Jr. Serge Doyen, Jr. Fred Hulse, Jr. MINUTES SOUTHOLD TOWN BOARD OF APPEALS June 7, 1973 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. , Thursday, June 7, 1973, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr. , Chairman; Robert Bergen; Charles Grigonis, Jr. ; Fred Hulse, Jr. Also present: Mr. Howard Terry, Building Inspector. Absent: Mr. Serge, Doyen, Jr. THE CHAIRMAN: A hearing was held on Appeal No. 1777, John and Marie Ball, on May 24, 1973. A decision was postponed until tonight's meeting. The application was prepared by a friend, Mr. John Hughes. The person who signs the application has to have a substantial interest in the property. That is the reason for the delay in rendering a decision. The applicant had two lots Nos. 74 and i5 and sold Lot 75. MR. JOHN BALL: I transferred that lot in 1971. It was recorded in the Suffolk County Clerk's office on December 9, 1971. THE CHAIRMAN: The developer delayed doing anything with the road, You had a legal lot and sold a legal lot prior to December 17, 1971 at which time the Ordinance was revised upward. Southold Town Board of Appeals -2- June 7, 1973 After investigation and inspection the Board finds that applicant is the owner of Lot No. 74, Map of Cleaves Point Section III, which is an approved subdivision , At the time of purchase the lot was a legal size lot. The Board finds that applicant also purchased Lot No, 75 at the same time that he purchased Lot No, 74 but subsequently soldLot No. 75, which was also a legal size building lot. Lot No. 74 has 100 feet on Dawn Drive. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED, John and Marie Ball, 51 East 73rd Street, New York City, be GRANTED permission to construct dwelling on Lot #74, Map of Cleaves Point, Section III, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis . PUBLIC HEARING: A.peal No, 1780 - 7:30 P.M. ( • .S .T. ) , upon application of Geor: A. and Helen H. McCarth, , Bay Avenue, Mattituck, New York, for a iance in accordanc- with the Zoning Ordinance, Article XV - ,Bulk Schedule, or permission to divide property with less t required are, and frontage, Location of property: west side ;- Avenue, vattituck, bounded north by Main Road; east by Bay Av- au.e; so h by E, and H. Wilsberg; west by E. and H. Wilsberg, F- - paid $15. 00. The Chairman opened the hearing f. eading the application for a variance, legal notice of he, - ng, a .fidavit attesting to its publication in the officia. newspape . , and notice to the applicant. THE CHAIRMAN: Is -cher- anyone present who shes to speak for this application? WILLIAM J. CLARK, ' .Q. : I am the attorney for appli- cant. The character • ` the area would not be changed : .d the