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HomeMy WebLinkAbout4967 Se-Nr c-w-e •-csp •-•)',t- i ii, tir •3i, 511.4±,i /e /451 ....+10 „1....4..„- , 4-0_....... 74/027/767 4 1961 iog. q 712/01 "Thpro4 tJariQ mg_ -5-tdivi-ciio1 , /IN im" Aim le 7L Si7--. -6, ieeciatgincAir '')h110 1 - A- `.PPEXLS BOARD MEMBERS i�,,S - �FFO(�'= i�1��Q �+ Southold Town Hall Gerard P. Goehringer, Chairman 4y� 4`p 53095 Main Road James Dinizio,Jr. p P.O. Box 1179 Lydia A. Tortora ; ctit is * 1 Southold, New York 11971-0959 Lora S. Collins Off•;" 0 ZBA Fax (631) 765-9064 George Horning e;�J�l iNg a�di Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 19, 2001 Appl. No. 4967 —THOMAS JEROME AND OTHERS PARCEL 1000-69-6-7 STREET & LOCALITY: 48220 Main Road, Southold DATE OF PUBLIC HEARING: July 12, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is situated on a 4.423 acre parcel located along the south side of State Route 25 (a/k/a Main Road), Southold. The property is improved with a two-story and one-story stucco principal dwelling structure and accessory buildings. The only survey of record is dated August 10, 1996, prepared by Roderick VanTuyl, P.C. for the new owners, Daniel, Thomas C. and Gregory Jerome. BASIS OF APPEAL: The Building Inspector's May 2, 2001 Notice of Disapproval, based on applicant's request for a subdivision of land, which states: "one of the lots, proposed at 1.08 acres, contains a preexisting 2-family dwelling, Bulk Schedule requires a minimum lot size of 160,000 sq. ft. for this use." RELIEF REQUESTED: Two lots, one with a two-family dwelling on 1.08 acres of land instead of 160,000 sq. ft. of land. The second lot, which is proposed in a subdivision to the Planning Board, is proposed for a single-family dwelling use on 3.342 acres. No more than three dwellings units will exist on the overall density of 4.423 acres. INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: I. Applicant proposes to subdivide a 4.423-acre parcel into two lots in this R-80 (80,000 sq. ft. minimum) zoning district. The proposed front lot consists of approximately 1.081 acre, and is improved with a preexisting two-family dwelling, a detached garage, and accessory structures. II. Applicant proposes to create a 15-foot wide driveway (right-of-way) along the northwest side of the front lot to provide access to the rear lot, which would consist of approximately 3.342 acres. The applicant wishes to construct a single-family dwelling on the rear lot in conjunction with use of the lot for agricultural purposes. III. Under a prior Application (#4625) dated October 27, 1998, the Board of Appeals recognized that the two-family use of the principal dwelling pre-dated zoning and was therefore not subject to a Special Exception permit. As a lawful pre-existing use, the Board believes that the code-required minimum lot size of 160,000 sq. ft. for a two-family dwelling is not applicable because the use was established on this 4.423 acre parcel prior to zoning. REASONS FOR BOARD ACTION, DESCRIBED BELOW: In considering this application, the Board finds that: ,Page 2—July 19, 2601 Appl. No. 4967— D. Jerome &Others 1000-69-6-7 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed front lot will be a minimum of one acre (43,560 sq. ft.) and is similar in size to other properties in the neighborhood. The two-family residence on the front lot has existed for more than 60 years with no ill effects on the neighborhood. The 3.342 acre rear lot will be larger than the minimum two-acre lot size requirement for this R-80 Low-Density Residential Zone District. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the two-family residence has existed in its present location for more than 60 years on this 4.423 acre property. If the applicant were to divide the property more evenly, part of the rear lot would become segmented by the extended driveway (right-of-way). 3. The requested area variance is not substantial. The front two-family residence lot will be a minimum of one acre (43,560 sq. ft.) and is not subject to the code's minimum lot size requirements because the use existed prior to zoning. The rear lot will be approximately 3.342 acres and exceeds the code's 80,000 sq. ft. minimum lot size. 4. The difficulty has not been self-created because construction and placement of the existing structures were created prior to zoning and lot-size requirements. 5. The proposed variance 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 the proposed subdivision plan will have an adverse impact on physical or environmental conditions in the neighborhood. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the variance as applied for, subject to the following CONDITIONS: 1. There shall be no further subdivision on all or any part of this property at any time. 2. The applicant shall provide the Board of Appeals with a survey which shows the exact dimensions of the rear lot, right-of-way, driveway, and related information. 3. The front lot shall contain a minimum of 43,560 sq. ft. VOLT H lq�4 tit4 a bens Goehringer (Chairman), • izlo, Tort a, an¢�ol ' s. "This e�so .LCI, wasdiary ad �ppt 'd (4- ). J/` :.OLT.i<LD TGWU CL1i:� L,;- . .� IXO�OUR �°)'I ,/RARD P. GOEHRINGER, CHAI AN icy:I, (,1-r_ , Tov:n ci r\ NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 12,2001 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 at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 12, 2001, at the time noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4967 THOMAS JEROME. This is a request for a Variance under Article III, Section 100-32, and Bulk Schedule of the Zoning Code, based on the Building Inspector's May 2,2001 Notice of Disapproval. Applicant is proposing a division into two lots, one with a two-family dwelling on less than 160,000 sq. ft. of land area, and the other lot for a proposed single-family dwelling on less than 80,000 sq. ft of land area, in this R- 80 Residential Zone District. Total land area existing: 192,666 sq. ft. Location of Property: 0220 Main Road, Southold; County Tax Map Parcel 1000-69-6-7. The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing, or desiring tosubmit written statements before theconclusion of the above.hearing. This hearingwill 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(631) 765-1809. Dated: June 20, 2001. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OFAPPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FORM NO. 3 • TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE; May2, 2001 TO Patricia Moore A/C Jerome 51020 Main Road Southold NY 11971 Please take notice that your application dated April 27, 2001 For permit for subdivision of land at Location of property Main Road Southold County Tax Map No. 1000- Section 69 Block 6 Lot 7 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds proposed subdivision, in R-80 zone, not permitted pursuant to Article III Section 100-32 which states; No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80,R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking ScheduleEN incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. One of the lots,proposed at 1.08 acres, contains a pre-existing 2-family dwelling , Bulk schedule requires a.minimum lot size of 160,000 square feet for this use. Authori d Signature T6w14OF5GJTHOLg ItUllaNlim±f ff ALIC:AlIONCHECKLIS' BUILDING DEPARTMENT a ' Do you ha or need the following,before applying TOWN HALL Board of Health SOUTHOLD, NY 11971 3 sew of Building Plans TEL: 765-1802 Survey PERMIT NO. • Check Septic Form Trustees Examined ,20 Contact:. Approved 3,20 7 i Mail to: ,I Disapproved alt i 1 { Phone: Building Inspector • APPLICATION FOR BUILDING PERMIT • Date , , 20 INSTRUCTIONS a. This application MUST be,completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 ,its 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 throughoutthe work e.No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupan 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,housinw s e and regulations, and to admit authorized inspectors on premises and in building fornecessaryinspections. . --__ (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect,engineer,general contractor,electrician, plumber or builder Name of owner of premises_ %y%rnzz_ _ ,r,te_t sae/ c��i-u- (as on the tax roll or latest deed) If apycat 'w.a o e- :Ion, signature of duly authorized officer (NFame and title of corporate officer) Builders License No. • • Plumbers License No: • Electricians License No. Other Trade's License No. • . . 1. Location of land on which s�proposed ork will be done:• �^ Moi, CC� . : c iG ©/lam' House Number Street Hamlet ,,, l - r F • g,,,,,,-vv,A aa o ��+ l .1 v'. County Tax Map No. 1000 Section Block 6LQ „C. , . c Subdivision Filed Map No. - ---- Lntyrbm`" ,,-,7...='r'`tT (Name) Z. State existing use and occupancy^"premises and intended use and occup y of proposed construction: , - a. Existing use and occupat.4 o2 'en /ynee.Xis,. c, . e-77 4/, z/z 3 'ic b. Intended use and occupancy o2-‘2•74., o n / 0 8/ Cc fi Icr 3, 5 f'Z.757z"• , oks mac by 2efr 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work Sub�f W,s, 7S '—a ) (Description) F. Estimated Cost Fee (to be paid on filing this applicatio i. If dwelling,number of dwelling units / Number of dwelling units o each floor (2 sfn7 If garage, number of cars (Z . z � ). If business, commercial or mixed occupancy, specify nature and extent of each type of use. '. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories Dimensions of entire new construction: Front Rear Depth Height Number of Stories Size of lot: Front Rear Depth 0. Date of Purchase Name of Former Owner I. Zone or use district in which premises are situated. 1'-n $0 2. Does proposed construction violate any zoning law, ordinance or regulation: 3. Will lot be re-graded Will excess fill be removed from premises: YES NO 4. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 5. Is this property within 100 feet of a tidal wetland?*YES NO • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 6. Provide survey, to scale,with accurate foundation plan and distances to property lines. 7. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. TATE OF NEW YORK) SS: 'OUNTY F L L v ` ` being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, i)He is the • (Contractor,Agent, Corporate Officer,etc.) f said owner or owners,and is•duly authorized to perform or have performed the said work and to make and file this application; tat all statements contained in this application are true to the best of his knowledge and belief; and that the work will be erformed in the manner , ,forth in the application filed therewith. worn to before me i is/� ,,.-- rf -1tn. day sf ./ :..iii 200 1 _- Notary Publi Signature of Applicant 'WER '1:--.• .JR, Autry Public.State of Newlbrtt Qualified in Suffolk County No.01SC47250 *I'M Expires May 31. . { for`Oli .e Use Only: Fee ,,,,,_assigned No. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BULLRING INSPECTOR ��/ DATE OF BUILDING INSPECTOR'S DECISION APPEALED.. TO THE ZONING BOARD OF APPEALS: I (We) ... �/ !� •• ... ... (Appellant) CIO Par 1110o[4 # of fl j-e (Tel # S �133/� o/ ) HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DATED ••••••••••••••••••.... . WH EITY THE BUILDING,INSPECTOR DENIED AN APPLICATION DATED..Lk a:7.:4J FOR (v(Permit to Build ( ) Permit for Occupancy ( ) Permit to Use ( ) Permitfor.As-Built ) (Other. 5tuMitih 1. Location of Property48- .P"4 '` ©(ACd- Zone p o, District 1000 SectionIve, BlockIP..Lot(s) 7 Current Owner Verartne— :••••• 2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection and pa a�graph of Zoning OArdnance by numbers. Do not quote the law.) Article Section 100-‘4-9— ..Sub-Section 3• type of Appeal. Appeal Is made herewith for ( A Variance to 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 o • _ =wilding Inspector(Appeal Sl!Year Iti . REASONS FOR APPEAL (Additional sheets mav'be used with applicant's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: 7 -e- a," - (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant fo pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because (4) The variance will NOT have, an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (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 VARIANCE STANDARDSTare completed arld attached. 7-91 Sworn to before me this (Signature of App an�t iir Authorized A) (Agent must subrnit.ANSthorization from Owner) L _ - Notary Public ZBA'App:MOO PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.4861665 Commission Expires June 16 Appeal Application, Continued BOARD OF APPEALS:TOWN OF SOUTHOLD t COUNTY OF SUFFOLK:STATE OF NEW YORK r x � � } App l Application (Continued) Property ID Application of REASONS FOR USE VARIANCE x Continuation of Appeal Application for a Use Variance (when applicable): For Each and Every Permitted Use under the Zonina Reclinations for the Particular District I, Where the Prosect Is"Located (please consult yourattorney before completing): (1) applicant The CANNOT realize a REASONABLE RETURN because: 3 (2)The HARDSHIP relates to the property and does hot apply to a substantial portion of the district or neighborhood because: �f (3) The relief requested will not alter the Issential CHARACTER of the neighborhood because: i (4) Has the alleged difficulty been self-created? ( ) Yes, or ( ) No. (5)This the MINIMUM that is necessary and adequate, and at the same time will preserve an ,+ •. J and proteet'fhe character of the neighborhood and fhe health, safety, and welfare of the community because: fr (6) The spirit of the zoning ordinance will be observed. (7) The public safety and welfare will be secured and substantial Justice done. (Signature of Appellant or Authorized Agent) Sworn to before me this day of 20 . (Notary Public) / BA App 08/00 ; q. _.. - - T �10/IV ®F SOUTH®LAVROPERTY RECORD CARD pyx m 2. f OWNER ,may Manlaim VILLAGE DIST. SUB. LOT FORMER' OWNER Nesse f 0-0 MimiGi 1"41. s?, - TYPE OF BUILD] G lS7t111 r s e' t / d/ ,,. 2ES.,9732237} VL. FARM COMM. CB. MICS. Mkt: Value LAND IMP. TOTAL DATE I / REMARKS j Xj ®SV' '2.1C.%sof ac e.40e.404//°-tee t• CO r II • +• v-LSvGilla (2- pJ . "/ 4.fl +" /1 5-04 . , •;. 7 G>e) g 0 ®I f -- s 0 , ' Cc- _ kt ` C1 (s fd lF ,. ' r Ad9 2� SZc�� � ' 1� P b-� , - di1 _` ; ©i.1,c -, 0 —T— O ? 2_ � - (1)v�v9ta FCeb:t1J 01 e j an 1 I i AGE BUILDING CONDITION i VEW NORMAL BELOW ABOVE , :ARM. Acre Value Per Value ------------------- Acre illable 2 p Wig= FRONTAGE ON WATER 5‘, a., 'oodiaad /a v u I FRONTAGE ON ROAD ' eadowlond to ,90 ag.o o s iS 2' la DEPTH ouse"PibN-+ 0-0 BULKHEAD i )t-al 6�Z DOCK . 1 --AlI lor:tja ` ' '� COLOR /4121(TEA TRIM Zit U r , ' ' , , , -*k ■ I# alINI I ( ! .v ° : ,� I ., ,, .. , . tr. . , . , ,* „ ,, v., , „. .,,./ . dirit , ' A' ',a4 1 1 k o, v -7� 4 y . r ' i $ ���444 u, XC 1111111.1.11 M. Bldg. a rx 54 0 ' /ca 5z sp o Soo p Extension511v 111111111111111 I. . ,/ c ' V Extension � aII / oX Gs /SCo • Extension 7 1c /6 - 1 ,/ ,‘ ,7 i* .2- r° 7 / 4 z x z s 44, ation Bath Dinette 6 x /4 = Sys 10 .E 100 57 _ CaRJC / . Porch Basement ,p,4 ,97.. Floors i,c4- K. Porch Ext. Walls Interior Finish e! ' , LR. gni �� p��sr�. Breezeway Fire Place ti/ a Heat �/zfl o DR, Garage /UtRy ao�,� g 2-0 y &m 66 0 : i / s o Type Roof Rooms 1st Floor BR. Recreation Room Rooms 2nd Floor FIN. B. 3o x 39= 1170 5a 5 35- ._ O. B. 1o.i" a A R A,/ /3 C " dormer Driveway Total 4V a 7375 ,� , : * 2 Z/2 .5°64 D 1 A /0®a a 7 j, t�f NN OF SOUTHOLD PROPERTY RECORD CARD /9-2r OWNER STREET VILLAGE DIST. SUB. LOT iA. ivy/4 7 2ec t /%sirs, d. f �ts a r S �st: Oe.SC.- FORMER FOR ER OWNER N jf „ f r ACR. V, f 467P^�!C / E J�(. 4/>A4A -4Afs j;Ooo S f W d^ 1 TYPE OF BUILDING RES. SEAS. VL. -3i,1 FARM COMM. CB. MICS. Mkt. Value LAND IMP: TOTAL DATE REMARKS /oao /+ 04V / �" 55;447`, , AIM/4 L AR Are! 7® !aAte7 i/% 4few doe eau ad is Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total _ O . �4`r t7 P.atr �3� A.., — A¢c'62 37 ' ' "0•41----------- • 40"E Woad ' �a s K' ;: �.�,53.� MAP or c2g rjp fzyY m" (1i 41/ ltifSEI_ _l HCM, S " G�2EGCO 'Y �.�E12C M1E AT ?4! Ol i N SOCITHOW 4 Sue-Pc Caine-TY, tl.Y: • 80.. �, �4• ��- a • / • �cl fie l a r - \,7 i V � ' � btc ty carF = (00`= t LIP 4 /00, C),' � 67284 = 4.425 ,_ V 1 6 V II = NK7ntZJttic-y �' ? o = PIPE I QG r � U. - 1 / bfhitrn+Yieid f `�1FFa( �., Ccx r�rr 'ZtX 1�(qp L>ESK�tvgTioM: moss jot/sawnisstcoonnteaiir6001, tfffla } / NN t ;,f Dts r tOGaO, 'Sect 4C�9. Bcx.ro. Pc�.7. Um d[ , �` lands/smoltra.wet , /• .�b....aa.«rnawc,wra...21 t to be sysituruigiv. : +... - ! - 6u.,ant.q Mk.WIM.a1tl,Yf„» ' ;\ if ,....� ... cot faille M.7enknMcmllr•!mPi �I 'J r carepee.a,andm M146N,.brotlN 0� !' - - - / / - �e tlng an¢uuo„ henwn ena J •ny nov.n nM,af.Qeny a, J _ ' ! ,c Auc guess offlu Mk'np Yu& jt //��v� f ,�s �.Cu mnteesare nol4unte,eb4 iii `V "'r'j,_5 _ 1- _ 1ci{: rs�..;ionav subsequ.Y 7 r z . a. s4'cy �O la�� 14.41 N�� , I (�afro t crCity , I �`� ` 80 f� rcrc VAr,r TvY� , ? ,. � ' Opp //g QAC Vim+- t Nu so gra /c7 +A Lrcats/see Lan° 5uev� Ocie.,;„:,. 8c September 11, 2001 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. - 4967 -THOMAS JEROME Action Requested: DoT 5iZ.eTar ia.4Le wilt+ TU. -F otioi 1)it)eLLine) Within 500 feet of: ( X ) State or County Road ( ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By: Enclosures APPEALS BOARD MEMBER ,."""',,,, ‘�QOFFOUr Southold Town Hall Gerard P. Goehringer, Chairman ����*� QGy 53095 Main Road James Dinizio,Jr. c ; P.O. Box 1179 Lydia A.Tortora A C ,? Southold,New York 11971-0959 Lora S. Collins : �f 40.0 ZBA Fax(631)765-9064 George Horning ;-_ * . 'iii Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Julyj3'2001 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 4967 —Area Variances (Jerome Proposed Subdivision) Dear Mrs. Moore: Enclosed please find a copy of the determination rendered by the Board of Appeals at our July 19, 2001 Meeting. Please be sure to return to the Planning Board and any other agencies having jurisdiction regarding the proposed subdivision application Copies of this determination were furnished today to the Planning Board and Building Department for their update and permanent records. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department Planning Board APPEXLS BOARD MEMBERS 410i�''',,,�� /1. of F04 = Southold Town Hall Gerard P. Goehringer, Chairman ��,`� �l/y• \ 53095 Main Road James Dinizio,Jr. I co ; P.O. Box 1179 Lydia A.Tortora y ,? Southold,New York 11971-0959 Lora S. Collins : eo �` ',�� ZBA Fax(631) 765-9064 George Horning = Q1 �.a0 � Telephone(631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 19, 2001 Appl. No. 4967 —THOMAS JEROME AND OTHERS PARCEL 1000-69-6-7 STREET & LOCALITY: 48220 Main Road, Southold DATE OF PUBLIC HEARING: July 12, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is situated on a 4.423 acre parcel located along the south side of State Route 25 (a/k/a Main Road), Southold. The property is improved with a two-story and one-story stucco principal dwelling structure and accessory buildings. The only survey of record is dated August 10, 1996, prepared by Roderick VanTuyl, P.C. for the new owners, Daniel, Thomas C. and Gregory Jerome BASIS OF APPEAL: The Building Inspector's May 2, 2001 Notice of Disapproval, based on applicant's request for a subdivision of land, which states: "one of the lots, proposed at 1.08 acres, contains a preexisting 2-family dwelling, Bulk Schedule requires a minimum lot size of 160,000 sq. ft. for this use." RELIEF REQUESTED: Two lots, one with a two-family dwelling on 1.08 acres of land instead of 160,000 sq. ft. of land. The second lot, which is proposed in a subdivision to the Planning Board, is proposed for a single-family dwelling use on 3 342 acres. No more than three dwellings units will exist on the overall density of 4.423 acres. INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: I. Applicant proposes to subdivide a 4.423-acre parcel into two lots in this R-80 (80,000 sq. ft. minimum) zoning district. The proposed front lot consists of approximately 1.081 acre, and is improved with a preexisting two-family dwelling, a detached garage, and accessory structures. II. Applicant proposes to create a 15-foot wide driveway (right-of-way) along the northwest side of the front lot to provide access to the rear lot, which would consist of approximately 3.342 acres. The applicant wishes to construct a single-family dwelling on the rear lot in conjunction with use of the lot for agricultural purposes. III. Under a prior Application (#4625) dated October 27, 1998, the Board of Appeals recognized that the two-family use of the principal dwelling pre-dated zoning and was therefore not subject to a Special Exception permit. As a lawful pre-existing use, the Board believes that the code-required minimum lot size of 160,000 sq. ft. for a two-family dwelling is not applicable because the use was established on this 4.423 acre parcel prior to zoning. REASONS FOR BOARD ACTION, DESCRIBED BELOW. In considering this application, the Board finds that: Page 2 —July 19, 2001 • Appl. No. 4967— D. Jerome& ers 1000-69-6-7 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed front lot will be a minimum of one acre (43,560 sq. ft.) and is similar in size to other properties in the neighborhood. The two-family residence on the front lot has existed for more than 60 years with no ill effects on the neighborhood. The 3.342 acre rear lot will be larger than the minimum two-acre lot size requirement for this R-80 Low-Density Residential Zone District. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the two-family residence has existed in its present location for more than 60 years on this 4.423 acre property. If the applicant were to divide the property more evenly, part of the rear lot would become segmented by the extended driveway (right-of-way). 3. The requested area variance is not substantial. The front two-family residence lot will be a minimum of one acre (43,560 sq. ft.) and is not subject to the code's minimum lot size requirements because the use existed prior to zoning. The rear lot will be approximately 3.342 acres and exceeds the code's 80,000 sq. ft. minimum lot size. 4. The difficulty has not been self-created because construction and placement of the existing structures were created prior to zoning and lot-size requirements. 5. The proposed variance 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 the proposed subdivision plan will have an adverse impact on physical or environmental conditions in the neighborhood. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the variance as applied for, subject to the following CONDITIONS: 1. There shall be no further subdivision on all or any part of this property at any time. 2. The applicant shall provide the Board of Appeals with a survey which shows the exact dimensions of the rear lot, right-of-way, driveway, and related information. 3. The front lot shall contain a minimum of 43,560 sq. ft. VOTE OF THE BOARD: Ayes: Members Goehringer (Chetrman), ' izio;"Tort a, a of ' s. This Resolution was duly adopted (4-0) - RARD P. GOEHRINGER, CHAT AN 11 �1"�P G BOARD MEMBERSe#0 OS�FFO�,�c O ` Town Hall, 53095 State Route 25 BENNETT ORLOWSKI,JR. � y � � � �� G ` \ Chairman 1 = � • P.O. Box 1179 oSouthold, New York 11971-0959 WILLIAM J.CREMERS % H Z f`[ KENNETH L.EDWARDS ; ,i Telephone (631) 765-1938 p GEORGE RITCHIE LATHAM,JR. ".`yo ���1� Fax (631) 765-3136 ('�K�,v\ RICHARD CAGGIANO *1 lig .#a���iI imp 17 l., Is,. PLANNING BOARD OFFICE v 1 TOWN OF SOUTHOLD j 'it ' JUL I 0 2' I.1t TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Robert G. Kassner, Site Plan Reviewer g____. RE: Thomas Jerome, Site Plan Main Road, Southold SCTM# 1000-69-6—3 & 4 DATE: July 9, 2001 The Planning Board has a site plan application for the above tax parcel and project. The Board does not have an application for a set off/ subdivision on tax parcel SCTM#1000- 69-6-7, but would have jurisdiction when an application is filed. Mrs. Moore states in her letter that the Planning Board had approved the location of the property line shown on her subdivision map. The Board did not approve the location of the line as shown on the map. _ 4"9'4-245/ f • /_-- -'! 24C-- o�3 y-(z / cc /jefo' ;.. PLANNING BOARD MEMBERS /i�� cAWF01Itp ` Town Hall, 53095 State Route 25 BENNETT ORLOWSKI,JR. .�� G ` Chairman �t� y� P.O. Box 1179 Southold, New York 11971-0959 WILLIAM J.CREMERS t ti KENNETH L.EDWARDS t 0 rft ,t Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. �: y,fr ����1' Fax (631) 765-3136 RICHARD CAGGIANO --....:491 iii �a 1 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman, Board of Appeals FROM: Robert G. Kassner, Site Plan Reviewer,c:, 1 r-` - RE: Thomas Jerome, Site Plan ,; -- Main Road, Southold , 1 \ JUL c SCTM# 1000-69-6—3 & 4 DATE: July 9, 2001 "" The Planning Board has a site plan application for the above tax parcel and project. The Board does not have an application for a set off/ subdivision on tax parcel SCTM#1000- 69-6-7, but would have jurisdiction when an application is filed. Yn/Avuu OLOta 7(ro[ofw0 ", � 4-0 ine/YWO,f_- _ 4140-7/ , TOWN MEMORANDUM TO: Planning Board FROM: Zoning Board of Appeals DATE: July 3, 2001 SUBJECT: Subdivision Regulations —Thomas Jerome, et al. (69-6-7) The Board of Appeals is reviewing an application in which the Planning Board may be (or is) an involved agency under the zoning code jurisdiction for site plan reviews. Applicant's project is for a subdivision, setting off of an existing two-family dwelling and creating an additional lot, on less than 240,000 sq., ft. of land (160,000 for the two family, and 80,000 for a second dwelling) Your comments regarding this pending application and site plan review would be appreciated. The subject property is located in an R-80 Low-Density Residential Zone District. The public hearing on the variance request(s) has been calendared for July 12, 2001. Thank you. Enclosures Reason for Appeal Continued Zoning Board of Appeals re : Thomas Jerome Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (b) . The variance should be granted for the following reasons : 1 . No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The two family house pre-dates zoning without lot size requirements . The parcel will be similar in size to surrounding parcels and the two family house has been well established in it' s present location. To the east is a bed & breakfast and to the west is a nursery with greenhouses . The rear lot will be oversized and the placement of the lot line was suggested by the Planning Board. Two existing garages are to be removed (shown on survey) 2 . The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The two-family residence was recognized by the Zoning Board as a pre-existing use in the previous appeal . A pre-existing use did not necessitate compliance with the condition of four acres . Had the ZBA not recognized the pre-existing use, the applicant would have necessitated a Special Exception with the condition that the parcel be four acres in size . The rear lot is better suited to be larger because it permits the homeowner to maintain a small farm. The two family house provides affordable housing for two families . The two family residence maintains a property sufficiently large for privacy but with less maintenance. 3 . The area variance is not substantial . The application of the balancing test weighs in favor of the grant of the variance . The variance for the acreage requirement of a Special permit would be substantial , however, since the use was established prior to zoning the two family use could have been placed on any size parcel . The two family use was established by the Kowalski family which was farming a large part of the surrounding properties . 4 . The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district . The two family parcel has been fully developed and has no environmental restraints . The single family residence on the set-off parcel will comply with all environmental regulations . 5 . The alleged difficulty was not self-created. The two family residence pre-dates zoning and no lot size requirement existed. In order to set-off the rear parcel the two family will be on less than four acres . The applicant prefers to create a larger rear lot to enable the owner to maintain agricultural use of the residential parcel . Therefore, the two family front parcel is undersized. 6 . The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant . The division line between the pre- existing two-family residence could be altered to give more land to the front parcel , however, the applicant would prefer the proposed division of the properties . BToae rd praonetdhelots linwabendrawn vwd their the daPnlcae nnian )f input . We believe that they would agree with the f� roposed sizes of the two parcels . We respectfully request that the appeal be granted, together with any further relief that is deemed ti necessary and reasonable . signature State of New York ) ) ss County of Suffolk ) Sworn to this /6 dayAfG'W, -,00/ Notary Public PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.4861668 Commission Expires June 16, 1li , 4111 ,I,,,o�OS�fFO(�-co ELIZABETH A. NEVILLE pit_� Gym• Town Hall, 53095 Main Road TOWN CLERK o P.O. Box 1179 t N = 1 REGISTRAR OF VITAL STATISTICS v, Southold, New York 11971 'F i Fax(631) 765-6145 MARRIAGE OFFICER ". y � �� RECORDS MANAGEMENT OFFICER �__WO,j 4;0'�' Fax (631) 765-1800 FREEDOM OF INFORMATION OFFICER ------...,..I''��� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: May 31, 2001 RE: Zoning Appeal No. 4967 Transmitted herewith is Zoning Appeals No. 4967—Thomas Jerome- Zoning Board of Appeals application for variance. Also included is a reason for appeal, letter from Patricia Moore, transactional disclosure form, SEQR Short Environmental Assessment Form, ZBA questionnaie, notice of disapproval, application for building permit and a survey. • 57 5 144.6. PATRICIA C. MOORE a/a /,//o` - -' 1 Attorney at Law ,c 1 C 51020 Main Road Southold,New York 11971 /a`i/U — ° 0 )14/ Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Secretary May 17, 2001 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Thomas Jerome Variance Dear Linda: Enclosed please find application for variance and accompanying documents . Also enclosed are 6 prints of the proposed set-off of the Two-family and rear residential lot . Also enclosed is my check in the amount of $400 . 00 . If you have any questions, or request any additional documents please do not hesitate to contact me . Vep yours, ctricia C. 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I . / a) • / to be•veld MOM nr5 , SuarardassIndkelsdhisson shirrs i - -- ,to the pson longhorn to SUM! --'------'------.. .Pi , .cwrs .....d.and an his behalf to Ono 7 ! . / / rue company.governmental agency est *flan Jima:don Mal human and i ,0 / „// Pc Phu cs1.-.gnees of lentSng Ina. tutza Crranges aro not transferable te:-.1-' --:'I,zt::•...tions o•subsequant / / - . o.....,s i i /.2) -.• • , / ,. . •10,11114. r;- __//' I ' • szpc.- (1, (V r / --- .:--, . 0 • s - aieve\re0 AUG. JO, /996 .., , . ' tric ,,i,.. -- ... r-Iii.. ! 03 . / tik. .-7 .AS...,. /4. •-,-,, / x eCoc--12 tct VAN -7(.1Y(... , ic:? C. -1" ,--':'.. - gi" cr•' i ---,-• ice. ,, "„;;;,(...,... , i / . ,..:-. •4 . . Lic 0 LANO 5012vEY0125 0 I / .. • -I - — iSieW Y012 4 _____-_--- ---- -------- --•__.... . __ _...___...._. ._ _______ . _ ........______........._ __...._________-__ ____ i ,...„.. - ----- - . I • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals •(and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) 5r Zer tern e_ DesIn i ",P corn B. Is the subject premises listed on the real estate market for saleer being shown to prospective buyers? { } Yes • ( 14 No. (If Yes, please attach copy of "conditions" of sale. ) " C. Are there { } Yes proposals to change or alter land contours? { No D. 1. Are there any areas which contain wetland grasses? __ 2. Are the wetland areas shown on the map submitted with this application? AJ/4 3 . Is the property bulkheaded between the wetlands area and the upland building area? /tip, 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? AO,/ E. Is there a depression or sloping elevation near the area of 'proposed construction at or below five feet above mean sea level? /V� (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? A4) If none exist, please state "none.". G. Do you have any construction taking place at this time concerning your premises? A/D If yes, please tl nit 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? /✓v If yes, please explain where or submit copies of deeds.- T. Please .34st present use or operations conducted at this -4 parcel 4(.5-idrneca-f proposed use Rea,de-rtz� and C' Authorized and. Date 3/87, 10/901k 1I APPLICANT ♦ 1 TRANSACTIONAL DISCLOSURE FOP The Town of Sbuthold's Code of Ethics prohibits conflicts of 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 necessaryTto avoid same. iYOUR NAME: /IhC/f d. Sr27/nL i (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 e Variance �/ Change of zone i Approval of plat Exemption from plat or official map Other 1 (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 1 interest" means a business, including a partnership, in which the town officer or employee has even a partial 1, ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares./ YES V NO it If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold 1/41h0 `T#'z Title or position of that person Cc/$ /Q/2 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); y 8) the legal or beneficial owner of any interest in a 1. noncorporate entity (when the applicant is not a corporation), C) an officer, director, partner, or employee of the applicant; or 0) the actual applicant. DESCRIPTION OF RELATIONSHIP C.5017. r 1 Submitted th day of k — Signa.. Q ', A Print-name t ,r 14.16-4 12!871—Text 12 PROJECT 1.0.NUMBER 617.21 SEQR Appendix C • State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPIJCANT/SPONSOR I 2. PROJECT NAME /17/177.4f, ✓er'ori2e__ 3. PROJECT LOCATION: g,224) /i ra/net,e1 Municipality 7 �' `7 SC�42 County !z�/I 4. PRECISE LOCATION(Street address and road intersections.prominent landmarks.etc.. provide maol '/d.3 0•51c • a is i igt a/.s-(A4 a m /GGnn�o 1 /Doo - 4,9 -� -� f _ S. IS PrR�OP/QSEO ACTION: Mew 0 Exoansbn 0 Modlflcatlonalteratlon 6. DESCRIBE PROJECT BRIEFLY: �SP� ff /Rio. mdat /�°s,d e /4• , 4-r per e 7. AMOUNT OF LANO AFFECTED: Initially 7, Y2-3 acres Ultimately /i ✓ acres 8. WILL PROPOSED-�A�CCU TION COMPLY WITH EXISTING ZONING OA OTHER EXISTING LAND USE RESTRICTIONS? l.7 ❑Yes No No.describe briefly vez rke,,t.pre/fto itfc, _px y .J 0-ee-x 5fflc/) /YS1d 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? • I 0 ❑Residential 0 Industrial 0 Commercial 0 Agriculture 0 Park/Forest/Open space Other Describe: • 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE ORR LOCAL1? ea 0 No II yes,BSI agency(s)and permWaoprovals it-ea OA ,w .nt- 11. COES ANY ASPECT OF THE AC7I.N HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? •a 0 N, If yes.list agency name and permit/approval 12. AS A RESULT OF OSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes l`3No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanusponsor fee: /ids*, leir-a 2 111._ Date: Signat6re: / 2 )�^�-� c �.- If the action is in the Coastal Area. and you are a stato agency, complete the Coastal Assessment Form before procoeding with this assessment • OVER 1 -own Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/31/01 Receipt#: 2110 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 2110 Total Paid: $400.00 Name: Jermone, Thomas 305 Maple Avenue Southold, NY 11971 Clerk ID: LYNDAB Internal ID:33103 TOWN of SOUTHOL OFFICE OF BUILDING INSPEC Town Hall Receipt 59440 Southold, New York 11971 Date / • 016"Received 91( For Fee for FeeforFee for Fee for Certificate Sign 0 Flood Development Pmt. U Building Permit 0 of Occupancy Cash Dr-Check? - Building Deparimer '��OfFo APPEALS BOARD MEMBERS i-(0` �•'OS �C 1Is=�O�' O�jy.G\` Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio,Jr. ti = P.O. Box 1179 Lydia A.Tortora ;O 0 Southold, New York 11971 Lora S. Collins �'46.0/ O�i�� ZBA Fax (516)765-9064 George Horning a•'�/ Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 19, 1998 Appl. No.4525-SE: THEODORE AND MARIA PETIKAS TAX MAP PARCEL 1000-35-1-8 STREET&LOCALITY: Corner of Routes 25 and 48, and Sound Road,Greenport, Town of Southold. DATE OF PUBLIC HEARING: March 23, 1998 and May 14, 1998. FINDINGS OF FACT REQUEST MADE BY APPLICANT: This is a request made by the Property Owners, Mr. and Mrs. Theodore Petikas, for a Special Exception to establish a two-family dwelling as a new principal use on this unimproved lot. The proposed building size is 48' by 28'to be located a minimum 40 feet from the southerly front property line, a minimum 15 feet from the north- easterly corner, minimum 20 feet from the most northerly rear property line, and approximately 110 feet from the easterly front property line along Sound Road. A detached accessory garage will be located in the rear yard. Also noted are the requests by the Property Owners herein for Variances as to insufficient lot size for this two-family use and fence height, which have been addressed under Appl. No. 4526 in a separate determination. PROPERTY FACTS/DESCRIPTION: The property is located in a R-40 Residential Low Density Zone District on the northwesterly corner of County Route 48 (North Road), (State Route 25)and Sound Road, Greenport,Town of Southold.The subject property is substandard in size and contains a total area of 21,483 sq.ft.,or 48% less than the 40,000 minimum lot size in this zone district for a single-family dwelling,and 74% less than the 80,000 minimum lot size in this zone district for a two-family dwelling. The applicants' proposal is to construct a 48 ft. by 28 ft. two-story building with two-family dwelling occupancy on an unimproved lot. This substandard lot fronts along County Route 48,State Route 25 and Sound Road,a town street. The proposal calls for a single point of vehicular access via Sound Avenue. The setbacks of the proposed principal building are to be a minimum 40 feet from the southerly front property line,a minimum 15 feet from the north-easterly corner,minimum 20 feet from the most northerly rear property line,and approximately 110 feet from the easterly front property line. A detached accessory garage is Page 2 - May 19, 199 • Appl . # 4525 : 1000-35-1-8 (Petikas) (SE) Southold Town Board of Appeals to be located in the rear yard. The March 6, 1985 survey,amended May 9, 1985 and June 6, 1985, submitted under this application shows that the property was vacant in 1985 with the exception of a small open shed,approximately 24 feet from the property line on Sound Road. The shed was at one time used to sell farm produce. The shed no longer exists on the premises, and the property in vacant and unimproved. The 1985 survey also indicates that an easterly portion of the property,approximately 9,776 sq.ft.,was zoned 'B' Light Business. That easterly section of the property was rezoned to R- 40 Low Density Residential in January 1989 as part of the town's comprehensive update of its master plan and zoning regulations. Since January 1989,the zoning classification of the remaining 11,707 sq.ft.westerly section of the property has been,and is, R-40 Low-Density Residential. Prior to January 1989 and specifically at the time of purchase in 1985 by the applicants herein,this westerly section was zoned A-Residential (allowing single-family residences on 40,000 sq.ft. lots). (Testimony offered by applicant's attorney states incorrectly that the entire 21,432 sq.ft. lot was 'B' Business-zoned when applicants purchased the property on April 5, 1985. ) CODE PROVISIONS/BASIS OF APPLICATIONS: 1. Building Inspector's February 10, 1998 Notice of Disapproval which reads....The proposed fence exceeds four(4)feet in height, Article XXIII, Section 100-231,fences shall not exceed four(4)feet in height when located in the front yard of a residential zone. 2. Chapter, 100 "Zoning"under Article III, SECTION 100-318(1) which reads as follows: "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals: "Two family dwellings not to exceed one such dwelling on each lot." 3. Chapter 100-30 A.3 Bulk, area and parking regulations: No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same confroms to the requirements of the Bulk Schedule and the Parking Schedule,with the same force and effect as if such regulations were set forth herein in full. (Emphasis added) FINDINGS OF FACT: The Board of Appeals has reviewed all information and evidence brought before it and based upon all testimony,documentation, personal knowledge and other relevant evidence,the Board of Appeals finds the following facts to be true and relevant: 1. The applicants propose to construct and establish as a new principal use a two-family dwelling on an undersized nonconforming lot containing 21,483 sq.ft. in a R-40 Residential Low density District(minimum requirement for a single family residence is 40,000 sq.ft.,and for a two-family 80,000 sq.ft. is required). 2. The minimum lot size required for two-family dwellings in the R-40 district is 80,000 sq.ft. Applicant s contend that the footnote "NA" in the"Density and Minimum Lot Size Schedule for Residential Districts" means that the 80,000 sq.ft. lot size requirement is not applicable (NA) if provisions of community water or water and sewer are made. A clear reading of the Town Code and as applied by the Zoning Board of appeals, .page 3 - May 19, 1998 Appl . ##4525SE: 1000- 35-1-8 Southold Town Board of Appeals • Planning Board and Building Department indicates that the minimum lot size requirements of the specified district are not further reduced simply because town water and sewer are available. This intent of the code to double the lot-size requirement for two-family dwellings in the residential districts, AC, R-40, R-80, R-120 R-200 R-400, is clear and consistent in the Schedules of the Code.There is no reduction in the minimum lot size requirements in these districts. This point is further illustrated in the Schedule, which provides for specific lot-size reductions for two-family dwelling with utilities in the Hamlet Density Residential District and the Resort Residential District. 3. On April 5, 1985,when applicants purchased the properties,the entire parcel was split zoned: the smaller easterly portion of the premises(9,776 sq.ft.)was zoned 'B' Business,and the larger westerly portion (11,707 sq.ft.)was zoned A-Residential. Although applicants state that the property "was purchased as a business-zoned lot for $80,000 and it was greatly devalued by the subsequent rezoning in 1989," Town records confirm that more than half of the 21,483 sq.ft. lot was residentially-zoned at the time of applicants' purchase, and the residential zoning has continued for more than 13 years. According to Board of Appeals File No. 3389, on July 31, 1985,three months after Theodore and Maria Petikas purchased this lot(under one deed/metes and bounds description)the owners/applicants applied for a variance to use a portion of the residential-zone of this lot for a proposed business. After the public hearing on October 3, 1985 under Appl. No. 3389, the hearing was recessed by applicants' attorney and the application abandoned and discontinued by applicants. 4. On January 10, 1989,the Town of Southold adopted a comprehensive update of its zoning regulations and master plan.The easterly business-zoned portion (9,776 sq.ft.) of the applicant's property was rezoned to R-40 Residential Low Density, and the westerly 11,707 sq.ft. portion was renamed or reclassified from A-Residential to R-40 (with no change in minimum lot size requirement). The residential zoning for the entire lot continues to this date. 5. The applicant's 21,483 sq-ft. lot size meets only 26 percent of the 80, 0000 sq.ft. of the requirement for establishment of a two-family dwelling use. 6. The minimum lot-size requirements in the R-40 Residential Low Density Districts for two- family dwellings,and the intent therein,was noted by town's legislative actions in 1989 and clearly stated in Section 100-30A.1: "The purpose of the Low-Density Residential District is to provide areas for residential development where existing neighborhood characteristics,water supply and environmental conditions permit full development densities of approximately one (1) dwelling per acre and where open space and agricultural preservation are not predominate objectives." BOARD REASONS: On the basis of testimony heard and documents submitted, and after personal inspection of the property, the following is used as criteria and reasons for denial of this Special Exception: 1. Grant of a two-family on an undersized lot will change in the character of the neighborhood and cause a detriment to nearby properties because the degree of the variance is so great-a 74 percent reduction in the minimum lot size requirement-in that it constitutes an unwarranted overcrowding on an undersized nonconforming lot. 2. The applicant can build a single-family dwelling. Although the applicants seek to recoup Page 4 - May 19 , 1 i3 Appl . #4526SE : 1000- 3z9-1-8 (Petikas Sp . Exc . ) Southold Town Board of Appeals a perceived financial loss incurred in 1985 when they purchased this property for business purposes at a cost of$80,000,the record demonstrates that the applicants knew at the time of purchase that more than half of the property was zoned for single-family residence and the Code required 40,000 sq.ft. per dwelling for minimum land area. In addition, at the time the applicants purchased the property,the Code required a minimum of 160,000 sq.ft.for two- family dwelling. 3. As indicated in the denial of the variance,the applicants request is substantial for a 74 percent reduction in the Code minimum lot-size requirement. 4. The self-created difficulty has been addressed separately in the variance. The applicants knew when they purchased the property that it was not adequate in size and did not meet the code requirements as to minimum lot size for a two-family dwelling,that the property was split-zoned business and residential. The applicants could have requested a determination from other municipal applications(such as a use variance or a change of zone)if the intent were to recover a financial hardship, prior to or after the 1989 rezoning. The applicants now seek to recoup losses incurred by its actions more than 13 years ago in this Special Exception. While the board recognizes that a two-family dwelling may yield a more profitable return than a single-family residence, no financial proof has been submitted to substantial applicant's claim that the property cannot be sold for permitted single-family residential use, or income derived from such permitted use. 5. The grant of a special exception for two-family use on an undersized lot will have an adverse effect and impact on the physical and environmental conditions of the neighborhood. It will double the traffic,double the impacts to groundwater from a duel septic system,and double the intensity of land use,which in turn will affect the neighborhood and is contrary to the stated purposed of the R-40 Residential Low Density District. THE BOARD THEREFORE FINDS: 1. A two-family dwelling on a lot substantially less than the required 80,000 sq. ft. will intensify adverse effects on the safety, health, and welfare of the Town and Community arising particularly from additional demands on septic system, well water if public water is not approved, increased vehicular traffic to and from the site in a high-traffic area and multi- street intersection. 2. The Density and Minimum Lot Size Schedule added to the Code January 10, 1989 provides than 80,000 sq. ft of land area is required for a two-family dwelling in the R-40 Zone and has no provision for reduction of this minimum requirement in cases where public water is available. In view of this Code requirement, a Special Exception allowing such construction on a substandard lot does not promote and is not in harmony with the general purposes of the Zoning Code. 3. The subject property is located at a high-traffic intersection with County Route 48, New York State Route 25, and Sound Road, which is the Main east-west access route by transients to Orient (which is also an Inter-State Ferry Transport area for Long Island travelers). Although the driveway is proposed along Sound Road, additional vehicular traffic will exit onto the Main Thoroughfare which impacts visibility for pedestrians and vehicles at this intersection. 4. In summary, the granting of this special exception will result in a violation of health, safety and welfare of the immediate community due to: (a) very close access at an intersection of County Road 48 and State Route 25, and access from Sound Road, a town Page 5 - May 19 , 1. 13 Appl . #4525SE : 1000-35-1-8 (Petikas Sp . Exc . ) Southold Town Board of Appeals street; (b) additional overcrowding of the land which is substandard in size at 21,000+- square feet when the Zoning Code mandates 80,000 square feet for two-family dwelling use; (c) undue increase on a fragile groundwater supply either through public water or domestic well water. RESOLUTION/ACTION: On motion by Member Tortola, seconded by Chairman Goehringer, it was RESOLVED, to DENY the Special Exception, for the reasons noted above. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, COLLINS. (Member Horning of Fishers Island was absent and exc :•.) This Re 'on w.s duly adopted (4-0 of the members present)). GERARD P. GOEHRINGER, CHAIRMA, Approved for Filing ***************************** RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 5/-1•2/0.g• HOUR L? toAi Town Clerk, Town of Southold , 1 ; • APPEALS BOARD MEMBERStieO�Q Ce Southold Town Hall Gy�c: Gerard P. Goehringer, Chairman 53095 Main Road o James Dinizio,Jr. `" _ P.O. Box 1179 Lydia A.Tortora ;O ��� Southold,New York 11971 Lora S. Collins �lJ "to/� ZBA Fax(516)765-9064 : �! g Telephone(516) 765-1809 George Horning •- ///o' BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED AND FILED B THE SOUTHOLD TOWN CLER]< FINDINGS,DELIBERATIONS AND DETERMI .&i / �7J"' HOUR q: �/o p REGULAR MEETING OF MAY 19, 199 / / 0. ,41 Appl. No.4526-V THEODORE AND MARIA PETIKAS Town Clerk, Town of Southold TAX MAP PARCEL 1000-35-1-8 STREET&LOCALITY: Corner of Routes 25 and 48 and Sound Road,Greenport DATE OF PUBLIC HEARING: March 23, 1998 and May 14, 1998 I. REQUESTS MADE BY APPLICANTS.THEODORE AND MARIA PETIKAS.for A) Area Variance to Article III,Section 100-30A.3, to the Bulk Schedule for Residential Districts,and to the Density and Lot Size Schedule for Residential Districts of the Code of the Town of Southold for permission to construct and establish a detached two- family dwelling on an undersized nonconforming lot containing 21,483 sq.ft.in a R-40 Residential Low-Density instead of 80,000 sq.ft. minimum as required for two-family dwellings.(R-40 Zone requires a minimum of 40,000 sq.ft.for single-family residence). B)Area Variance to Article XXIII,Section 100-231 of the Code of the Town of Southold for permission to erect a(6)six-foot height fence in a front yard area instead of the code- limited (4)four-foot height,beginning at the west front coer ofa property and extending easterly 100 feet in length along the front property(along County pr ). C)SPECIAL EXCEPTION under Article III,Section 100-31-B(1)of the Code of the Town of Southold for permission to establish two-family use in a proposed two-story dwelling on an undersized 21,483 sq.ft.lot in the R-40 Low Density Residential District. This request is addressed in a separate decision II. PROPERTY FACTS/DESCRIPTION: The property is located in a R-40 Residential Low Density District on the northwest corner of County Route 48(North Road),(State Route 25)and Sound Road,Greenport,Town of Southold.The subject property contains a total area of 21,483 sq.ft.The lot size as exists is substandard and nonconforming for this R-40 Low Density District,meeting only 52%of the lot size requirement. Applicants' proposal is to erect a 48 ft.by 28 ft. two-story,two-family dwelling on an unimproved lot which has frontages of approximately 200 ft.on Route 48,and 100 ft.on Sound Road.The proposal calls for a single point or driveway for vehicle access from Sound Avenue,a front yard building setback of approximately 110 feet from Sound Road,a minimum front yard setback at 40 ft.from the County Route 48/North Road,and a minimum Page 2 - May 19, 1998 Appl . #452N : 1000-35-1-8 (Petikas variances) Southold Town Board of Appeals of 20 ft.from the closest(rear) northerly property line. The May 5, 1985 survey, amended May 9, 1985 and June 6, 1985,submitted under this application shows that the property was vacant in 1985 with the exception of a small shed, located approximately 24 feet from the property line on Sound Road,. This shed was at one time used to sell farm produce and no longer exists today. The property is unimproved. The 1985 survey also indicates that an easterly portion of the property,approximately 9,776 sq.ft.,was zoned `B' Business, and the larger westerly portion of the property(11,707 sq.ft.) was zoned 'A' Residential. The easterly portion of the property was rezoned in January 1989 to R-40 Low Density Residential under the town's comprehensive update of its master plan and zoning regulations. Since January 1989,the entire lot was zoned Residential(R-40 Low- Density) in which a single-family residence on 40,000 sq.ft. minimum is required. Prior to 1989,the record shows that the entire 21,432 sq.ft. parcel was not business zoned as indicated by the applicants' attorney in her recent testimony before the Board. III. CODE PROVISIONS/BASIS OF APPLICATIONS: 1. Building Inspector's February 10, 1998 Notice of Disapproval which reads: . "..the proposed fence exceeds four(4)feet in height, Article XXIII, Section 100-231,fences shall not exceed four(4)feet in height when located in the front yard of a residential zone." 2. Chapter, 100"Zoning"under Article III,SECTION 100-31-B(1)which reads as follows: "Uses permitted by Special Exception"upon receiving approval from the Board of Appeals: "Two family dwellings not to exceed one such dwelling on each lot." 3. Section 100-30A..3 and Bulk,Area and Parking Regulations reads: "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 Zone District unless the same conforms to the requirements of the Bulk Schedule and the Parking Schedule,with the same force and effect as if such regulations were set forth herein in full. (Emphasis added). 4. Article III,Section 100-30A.1 provides for the purpose of the Low Density Residential R- 40 District as follows: "The purpose of the Low-Density Residential District is to provide areas for residential development where existing neighborhood characteristics,water supply and environmental conditions permit full development densities of approximately one (1) dwelling per acre and where open space and agricultural preservation are not predominate objectives." IV. FINDINGS OF FACT: The Board of Appeals has reviewed all information and evidence brought before it and based upon all testimony,documentation, personal knowledge and other relevant evidence,the Board of Appeals finds the following facts to be true and relevant: 1. The applicants propose to construct and establish as a new principal use a two-family dwelling on An undersized nonconforming lot containing 21,483 sq.ft. in a R-40 Residential Low density District(minimum requirement for a single family residence is 40,000 sq.ft.,and for a two-family 80,000 sq.ft. is required). Page 3 - may 19, 1998 Appl . #4526J : 1000-35_1_8 (Petikas Variances) Southold Town Board of Appeals 2. The minimum lot size required for two-family dwellings in the R-40 district is 80,000 sq.ft. Applicant's contend that the footnote "NA" in the"Density and Minimum Lot Size Schedule for Residential Districts"means that the 80,000 sq.ft. lot size requirement is not applicable(NA) if provisions of community water or water and sewer are made. Applicants' position is incorrect. A clear reading of the Town Code and as applied by the Zoning Board of Appeals,the Planning Board,and the Building Department, indicates that the minimum lot size requirement of the specified district are not further reduced simply because town water and sewer are available. This intent of the code to double the lot-size requirement for two-family dwellings in the residential districts,AC, R-40, R-80, R-120 R-200 R-400, is clear and consistent in the Schedules of the Code. There is no reduction( NA Not applicable)in the minimum lot size requirements in these districts. This point is further illustrated in the Schedule,which provides for specific lot-size reductions for two-family dwelling with utilities in the Hamlet Density Residential District and the Resort Residential District. 3. On April 5, 1985,when applicants purchased the properties,the entire parcel was split zoned: the smaller easterly portion of the premises(9,776 sq.ft.)was zoned `B' Business,and the larger westerly portion (11,707 sq.ft.)was zoned A-Residential. Although applicants state that the property"was purchased as a business-zoned lot for $80,000 and it was greatly devalued by the subsequent rezoning in 1989," Town records confirm that more than half of the 21,483 sq.ft. lot was residentially-zoned at the time of applicants' purchase,and the residential zoning has continued for more than 13 years. According to the Board of Appeals File No. 3389, on July 31,1985,three months after Theodore and Maria Petikas purchased this lot(under one deed/metes and bounds description)they applied for a variance to use a portion of the residential-zone of this lot for a proposed or possible business. After the public hearing on October 3, 1985 under Appl. No. 3389, the hearing was recessed by applicants' attorney and the application abandoned and discontinued by applicants. • 4. On,January 10, 1989,the Town of Southold adopted a comprehensive update of its zoning regulations and master plan.The easterly business-zoned portion (9,776 sq.ft.)of the applicant's property was rezoned to R-40 Residential Low Density,and the westerly 11,707 sq.ft. portion was renamed or reclassified from A-Residential to R-40(with no change in minimum lot size requirement). 5. The applicant's 21,483 sq-ft.lot size meets only 26 percent of the 80, 0000 sq.ft. of the requirement for establishment of a two-family dwelling use. 6. The minimum lot-size requirements in the R-40 Residential Low Density Districts for two- family dwellings,and the intent therein,was noted by town's legislative actions in 1989 and clearly stated in Section 100-30A.1: "The purpose of the Low-Density Residential District is to provide areas for residential development where existing neighborhood characteristics,water supply and environmental conditions permit full development densities of approximately one (1)dwelling per acre and where open space and agricultural preservation are not predominate objectives." V. REASONS: On the basis of testimony heard and documents submitted, and after personal inspection of the property, the Board further finds, and determines, as follows: Page 4 - may 19, 1999 App1 . # 452sV • 10 0 0- 35-1-8 (Petikas Variances) Southold Town Board of Appeals 1. Grant of the area variance for the lot size will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the degree of the variance is so great—a 74 percent reduction in the 80,000 sq.ft.minimum lot size requirement—that it constitutes an unwarranted over-crowding of an undersized nonconforming lot. 2. The benefit sought by the applicants can be achieved by some method feasible for the applicants to pursue other than area variances because the applicants can build a single- family residence on the lot without variances. Although the applicants seek to recoup a perceived financial loss incurred in 1985 when the applicants purchased this land for a ' business purpose at a cost of$80,000,the record demonstrates that the applicants knew at that time that the code required a minimum of 40,000 sq.ft.of land area for each. In addition,when the applicants purchased the property,the Zoning Code required a minimum of 160,000 sq.ft.for a two-family dwelling. 3. The requested variances are substantial. Applicants' request for a lot area variance represents a 74 percent reduction in the minimum code requirement of 80,000 square feet. 4. The difficulty has been self created because the applicants were aware of the status of the zoning of the property when they purchased it as a split-zoned business and residential zoned parcel,and that it was substandard and nonconforming in size for any permitted use in either district.The applicants could have requested a determination from other municipal applications (such as a use variance or a change of zone)if the intent were to recover a financial hardship,during any time period since 1985). 5. The difficulty is further self-created because the applicants, by this special exception and variance project,seek to recoup losses from 13 years ago. While this Board recognizes that a two-family dwelling may yield a more profitable return than a single-family residence, no financial proof has been submitted to substantiate applicants' claim that the property cannot be sold for any other permitted use such as a permitted single-family residential use,or income derived from such permitted use. 6. The proposed variance will have an adverse effect and impact on the physical and environmental conditions of the neighborhood because a two-family dwelling on an undersized lot(21,483 sq.ft.) will double traffic ,will double impacts to groundwater from a dual septic system,and double the intensity of land use,which in turn affects the neighborhood and is contrary to the stated purposed of the R-40 Residential Low Density District. VI. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to DENY the Variance requested as to lot size of 21,483 sq. ft. for a two- family dwelling use,for the reasons noted above,and BE IT FURTHER RESOLVED, to GRANT the Variance as to fence height for a maximum of six feet for a 100 ft. length, SUBJECT TO THE FOLLOWING: That all fencing along C.R. 48/North Road is limited to this 100 ft. length along or within the applicant's front property line/yard. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO,TORTORA, COLLINS. (Member Horning of Fishers Island was absent and e. • • • This R: • u io : • ly adopted (4-0 of the members present)). / RARD P.GOEHRI TER, CHAIRMAN / Approved for Filing 04) COUNTY OF SUFFOLK I ROBERT) GAFFNEY SEP 2 ! 201 SUFFOLK COUNTY EXECUTIVE ,L_ U� 1. --T-N-otyiAs+s'FS,.AICP DEPARTMENT OF PLANNING --DIQECTOR OF PLANNING September 14, 2001 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffotk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Tirado, Leonardo 4913 Anderson(Doris)and Hurtado(John)* 4921 Wackenfuss,Janet* 4939 Keyspan/LIPA(Henry Smith, owner) 4944 Reddington, Michael 4960 Odden, Janet 4963 Jerome,Thomas 4967 Edgewater II,LLC 4968 NYS Federation of Processors &Growers,Inc. (N. Aliano, owner) 4969 Reitman, Joel 4970 Bradford, Douglas* 4971 Cannon, Lista 4972 Moyle, Donald and Louise 4973 McAllister,Michael** 4976 Genovese, Jeanne and Louis 4970 Mazurowski, Florence 4979 Price, ary Ann** 4980 Papson,Vicky 4981 Monk, Joyce G. 4983 Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G:\CCHORNY\ZONING\ZONING\WORKING\LD2001\SEPT\SD4913 SEP LOCA110N MAILING ADDRESS H. LEE DENNISON BLDG -4T1-1 FLOOR ■ P 0 BOX 6I 00 ■ (5 1 6)853-5 1 90 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 1 6)853-4044 FOR BOARD AND STAFF USE Updated New Information JO PATRICIA C. MOORE Attorney at Law D �? r 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 " I '2 2001 Fax: (631) 765-4643 July 12 , 2001 Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 RE: Thomas Jerome and others Hearing Date : July 12 , 2001 Dear Linda: Enclosed please find a Return Receipt Card to accompany the Affidavit of Mailing previously sent to you. Thank you for your courtesies. Very truly yours, Patricia C. Moore SENDER: COMPLETE THIS SECTION COMPLETETHIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete Er. •, item 4 if Restricted Delivery is desired. (Please Print: g- D" , . e�, • Print your name and address on the reverse , (/Q' so that we can return the card to you. C. Sig . ■ Attach this card to the back of the mailpiece, -0 Agent or on e front if space permits. X __;..,�., 0 Addressee 1. Article ddressed to: r slivery..dress diff. . from i>• 1? ❑Yes If S,e• er delivery address below- 0 No Church of the Open Door Donald McInerney 176 East 77th Street 3. Service Type New York, NY 10021 Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. PS, 102595-00-M-0952 L � �P " APPEALS BOARD MEMBERS ,1,����.' 4:9 Southold Town Hall Ty 53095 Main Road Gerard P. Goehringer,Chairman %% o P.O.Box Road ) James A.Too,Jr. CA 0 Southold,New York 11971 Lydia A.To lies y 19 �� is ZBA ZBA Fax(516)765-9064 Lora S.Collins -- 1 * *••'' Telephone(516)765-1809 George Homing - --„ ,,,o0 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 27 , 1998 Appl. No. 4625 —THOMAS JEROME AND OTHERS PARCEL 1000-69-6-7 STREET& LOCALITY: 48220 Main Road, Southold DATE OF PUBLIC HEARING: October 15, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is situated on a 4.423 acre parcel located along the south side of State Route 25 (a/k/a Main Road), Southold. The property is improved with a two-story and one-story dated August stucco 10, dwelling prepared by and accessory buildings. The only survey Roderick VanTuyl, P.C. for the new owners, Daniel, Thomas C. and Gregory Jerome. BASIS OF APPEAL: The Building Inspector's July 14, 1998 Notice of Disapproval which states: "as specified in the attached Pre-C.O. dated September 11, 1996, the existing dwelling is listed as a Non-habitable one-family dwelling. Under Artide III, Section 100- 31B(1) of the R-80 Zone, a special Exception is required to obtain a two-family dwelling.” RELIEF REQUESTED: Applicant is requesting adetermination ta anatiotwo-family m use regarding he Board of Appeals in favor of applicant-owner granting recognition Preexisting Certificate of Occupancy No. Z-24610 issued Septem- ber 11, 1996. (No Artide or Section was furnished by applicant other than that noted in the Notice of Disapproval.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: The present two-unit dwelling, although updated, has been in existence for more than 60 years. The purpose ) of this action is merely to recognize this existence. The recognition is Page 2—October 27, 1998 •Re: 1000-69-6-7(7eror Southold Town Board a peals based upon personal knowledge of at least one member of this Board, Affidavits, and pictures furnished by the applicants' attorney showing two antiquated kitchens, both of which have been renovated as well as both individual units on each of the two floors of this dwelling. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to APPROVE the application, as applied for. VOTE OF THE BOARD: GOEHRINGER, DINIZIO, COLLINS, HORNING. (Absent due to bereavement was: Member Tortora). THIS RESOLUTION WAS DULY ADOPTED BY ALL THE MEMBERS PRESENT (4-0). 1000-69-6-7 RARD P. GOEHRINGER, AIRM Approved for Filing RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ///th6" N UR 'S�.'0 pie( Town Clark. Town of Scut:._c'd ZONING BOARD OF APPEALS TOWN 01 SOUTHOLD:NEW YORK In the Matter of the Application of Thomas Jerome & Others AFFIDAVIT OF (Names of Applicants) MAILINGS Parcel ID #1000- 69 - 6 - 7 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Carol Owens residing at Town Harbor Lane Southold , New York, being duly sworn, depose and say that: On the 26 day of June , 2001 , I personally mailed at the United States Post Office in Southold , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors, or ( ) County Real Property Office Southold, NY , 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. eitt L.j., tvea...4_ (signatilre) N$worn to before me this 9,(//v day of J"v/t-X , 2001. 6110111:,doreeg, (. •tary Public) MARGARET C. RUTKOWSIO Notary Public,State of Now York No. 4082528 audited M Suffolk County nv PLEASE list, on the back of tYimomrfrl� f ��-' gaper, the lot numbers nett to the owner names and addresses for which notices were mailed. Thank you. • 1000-69-6-7 SUBJECT 1000-70-7-13 John Zazecki P. 0. Box 313 Southold, NY 11971 1000-69-6-4 Mr. Thomas Jerome 305 Maple Avenue Southold, NY 11971 _ 1000-69-6-3 Mr. Gregory Jerome 305 Maple Avenue Southold, NY 11971 A • 1000-69-6-1 Rose and Richard Sahm D/B/A R&R Associates Main Road P. 0. Box 1048 Southold, NY 11971 1000-75-4-28 Church of the Open Door Donald McInerney 176 East 77th St. New York, NY 10021 1000-70-7-20 Mr. Wesley Zalesky : = - _ 1730 Main Bayview Rd. Southold, NY 11971 1000-70-7-19 Mr. William Milford P. 0. Box 95 Bayview Road Southold, NY 11971 C : • U:Lgi1412 Domestic Mail On! • ► . Insurance Covera•e Provide. 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RJ Postage U') / 0 Certified Fee <,_Postmaill rR Return Receipt Fee CI IIM 071, Here (Endorsement Required) (72' C3 ,--, Restricted Delivery Fee '---_, "---. (Endorsement Required) . ,17 1 0 Total Pos - tage&Fees $ 3. 747 ' - ' m Sent To 0 1-1 Street,Apt.No.; C3 or PO Box No. / (j....67e, 3/3 D 1-._ City,State,ZIP+4 * r-l'W-1-1Z1 Z D .,,t,Y /75- 7/ Pc'Form 3:01 Januar 2001 -- R-v- - . i iron. U. •. Drum, CE• I di/_ ilniXeig i 0 omestic Mail Onl • • Insurance Covera.e Provided INIIImmill Ill ru ru rt Postage $ 6�/� O in Certified Fee /• l D ( ti ru `�,. ''� 3-6 6 (I) j Return Receipt Fee O (Endorsement Required) "C, t r + Restricted Delivery Fee �i}1 O (Endorsement Required) p Total Postage&Fees $3 7y1 1 ,` O�j �• y(` y �I F1 r al SeptOE To y,eic ti%,Iii' 5/1 HA( _,.....- ,-.3 n_..r-- Street,Apt.No.; p or PO Box No.Wali L�..,i L Lld2,4strec -'E S NCi Stare zIP+ - � • L 4/Y // 7/ PS Form 3800 Januar r I - - • In tom: SENDER: COMPLETE THIS SECTION MKD NNAM IMIXEiML•1ui1Mealli.MV • Complete items 1,2,and 3.Also complete A. -ecei ed by(Please Pri t == ) B. Date of Delivery item 4 if Restricted Delivery is desired. O ! • Print your name and address on the reverse so that we can return the card to you. C. •ignatur/ • Attach this card to the back of the mailpiece, X • I 1 ❑Agent or on the front if space permits. / 0 Addressee 1. Article Addressed to: D. Is1•elivery add = 'cliff:* t from item 1? 0 Yes If YES,enter delivery address below: -❑No John Zazecki P. 0. Box 313 Southold, NY 11971 3. S�rviceType ESI Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article NumberCop from service label) 7001 036 0001 0521 4309 PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 SENDER: COMPLETE THIS SECTION tnlii►9matrotati a1xlrcUamUsnnla:a • Complete items 1,2,and 3.Also complete A. Receiv.• by(P =se Print Clear/) = Date of Deily- item 4 if Restricted Delivery is desired. • / _ e A - • • Print your name and address on the reverse -"r so that we can return the card to you. C. Signature • Attach this card to the back of the mailpiece, Xr, I 0 Agent or on the front if space permits. ____ 0 Addressee D. Is delivery add=;` ;r'erent from item 1? ❑Yes 1 Article Addressed to: If YES,enter delivery address below: 0 No Wesley Zalesky 1730 Main Bayview Rd. Southold, NY 11971 3. Service Type a Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. /16131Nuntgeettiffi stZTiabt323 oJuly 1999 Domestic Return Receipt � ml'3g1 , 102585-00-M-0952 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 • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 4)c;AA- - I •: COMPLETE THIS SECTION tKaitimialtatZM aN/filALI1 ID MIIIVO• ■ Complete items 1,2,and 3.Also complete A. eived .y(Please - ' y) :. Date of Delivery item 4 if Restricted Delivery is desired. (t /61 • Print your name and address on the reverse FM, �/ so that we can return the card to you. p 0 Agent • Attach this card to the back of the mail iece, or on the front if space permits. 0 Addressee D. Is delivery ad• different from Rem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: '0 No Rose & Richard Sahm D/B/A R&R Associates Main Rd. 3. Service Type P. O. BOX 1048 i7 Certified Mail 0 Express Mail Southold, NY 11971 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. qrt 4. Restricted Delivery?(Extra Fee) 0 Yes 2.7 66 NOtb9W m ryj I8 93 PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 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 • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 .st?=e.tic 71.3;461.6 1111111111111 I II SENDER: COMPLETE THIS SECTION EK•ittiairirratIVE: itgLoiat•hMnagnimr • Complete items 1,2,and 3.Also complete Itnceived by(Please/!' Clearly B. D�t�f Delivery item 4 if Restricted Delivery is desired. (,/% 1 0 • Print your name and address on the reverse C e so that we can return the card to you. •i Agent • Attach this card to the back of the mailpiece, or on the front if space permits. e • u Addressee Is delivery a. •ifferent from item 1? 0 Yes 1 Article Addressed to: If YES,e .-!very address below o Mr. Gregory Jerome 305 Maple Avenue Southold, NY 11971 3. Service Type Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4 Restricted Delivery?(Extra Fee) 0 Yes 276ryet�y5nber(COoAf 0521/42279 PS FormU386111,July 1999 Domestic Return Receipt 102595-00-M-0952 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 • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 SENDER: COMPLETE THIS SECTION ff'I•nVfmitmisalIMIONTOMMTra vanv • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. DaDelivery item 4 if Restricted Delivery is desired. (tknYn�.� S" r/V l V • Print your name and address on the reverse `'J I' so that we can return the card to you. C. Si• re • Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. A ressee 0. Is delivery... ?different from item 1? ❑Yes 1. Article Addressed to: If YES,e.StT • ivery address below: •P.I`10 Mr. Thomas Jerome 305 Maple Avenue • Southold, NY 11971 3. Service Type ®Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. (Copy4. Restricted Delivery?(Extra Fee) 0 Yes 2. Arti 001 03from service521) 4286 PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 E kCAX E- • PATRICIA C. MOORE Attorney at Law Main Road 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 June 25, 2001 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors RE: Thomas Jerome and Others 48220 Main Road, Southold, NY 11971 SCTM# 1000-69-6-7 Dear Neighbor: I represent Thomas Jerome and others with regard to their property located at 48220 Main Road, Southold, New York. They are requesting a variance for a division into two lots, one with a two-family dwelling on less than 160,000 sq. ft of land area, and the other lot for a proposed single-family dwelling on less than 80,000 sq. ft. of land area. Enclosed is the Notice of Hearing and a survey of the premises showing the proposed location. The hearing on this matter has been scheduled for Thursday, July 12, 2001, at 6:45 p.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Very truly yours, Patricia C. Moore PCM:co enols. NOTICE OF PUBLIC HEARING • SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 12, 2001 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 at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 12, 2001, at the time noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4967 — THOMAS JEROME. This is a request for a Variance under Article III, Section 100-32, and Bulk Schedule of the Zoning Code, based on the Building Inspector's May 2, 2001 Notice of Disapproval. Applicant is proposing a division into two lots, one with a two-family dwelling on less than 160,000 sq. ft. of land area, and the other lot for a proposed single-family dwelling on less than 80,000 sq. ft. of land area, in this R- 80 Residential Zone District. Total land area existing: 192,666 sq. ft. Location of Property: 48220. Main Road, Southold; County Tax Map Parcel 1000-69-6-7. 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 the above hearing. This 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 (631) 765-1809. Dated: June 20, 2001. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 %., . .. -. . . -.:- .... . . ••••••..., . - - . --... ....._. ----_ . . . . -............. --______ Ai . . . 11..ife_ ------..., . 04)ftv . -, e-r5• 25 ""°°-.75-.--,1=, -----:-..,_ •• • .+2,04/0 e4a-343.04 . A/0,, •-•-- 000 6Oe-E7-.-----. 4az..62.37 - o......e.',4d_._:_q_:__, -- P•i-6 •L'-' -----------e-- i • ` 132-‘8 ---"----/1 ! CO . 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' ...le, t f .. : . ._ ....,_ 200E-etCZ VAN 7-uyt_ , P C. -,..,,z-,,i' ..1 .- ,,,,,,,' -7 '. •SO* '''- '.--:::-.141-• te _5. / * . ' ..•4/ ..:.. le' V.;;;•...7 -er: - N',:-,,-.,s.,.; ..,-- .-.,... .. .. .. ... .. 4:544'it:','74-J:C-at _ t-I C L's/5 ED LAND .51..1 .1eyOes -.'- . 06 ''''r - 0 3 S' 1. - - ..- .."------"-Nk- - . CP-eatViNZT — itG;;;Ie Na--2,-7 V PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 ; ; Fax: (631) 765-4643 ‘a. 9 -n1 July 5, 2001 Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Att : Ms . Linda Kowalski RE : Thomas Jerome & Others Hearing Date : July 12 , 2001 Dear Linda: Enclosed please find the Affidavit of Mailing with seven Certified Mail Receipts and five Return Receipt Cards for the above referenced matter. We will forward the balance of the Return Receipt Cards to you upon our receipt of same . Very truly yours, --*Ir4-13-11("cejt— Patricia C. Moore By: Margaret Rutkowski /mr Encls . 3) &6.1 0 .� -ENDER: COMPLETE THIS SECTION wrim:istagaiimmyxjinPrommeamam ■ Complete items 1,2,and 3.Also complete A. 'ece'ved by(Pleas- 'a learly) : Dat of Delivery item 4 if Restricted Delivery is desired. • Print your name and address on the reverse IL igr�— g ` 'IVA '�� so that we can return the card to you. • Attach this card to the back of the mailpiece, ./ ❑Agent or on the front if space permits. %.� �� ❑Addressee D. Is delivery address different from 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address . 0 No William Milford P.f.Box 95 Bayview Rd 3. Service Type Si athold, NY 11971 6 Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 11 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article 0001ic05211 4316 PS Form 3811,July 1999 Domestic Return Receipt 102595.00-M-0952 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender Please print your name, address, and ZIP+4 in this box • PATRICIA C. MOORE ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 • ='i-4. '16 1,�JI�„IH1I.,i�„M��,Ii,i„I,II�e��1Il1IIn��I1III�ur,I�Ii ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of AFFIDAVIT Thomas Jerome & others OF (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 69 - 6 - 7 ---- --------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore residing at Terry Lane, Southold , New York, being duly sworn, depose and say that: On the 25th day of June , 20 01 , 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 M I hereby confirm that the Poster has remained in place for seven days prior • to the date of the subject hearing date, which hearing d e wa shown to be July 12, 2G01 (Signature) Patricia C. Moore Sworn to before me this 6th day of July , 20 01. ( °otary Public) IAARGARET RUTKOWSKI Notary Public.g of Now Yolk 4982528 WOW Sllolk CoJuneurtly 00 *near the entrance or driveway entrance o myproperty, as the area most visible to passersby. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 6, 2001 Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Att : Ms . Linda Kowalski RE: Thomas Jerome & others Hearing Date : July 12 , 2001 Dear Linda: Enclosed please find the Affidavit of Posting for the above referenced matter. Also enclosed is a Return Receipt Card to accompany the Affidavit of Mailing previously sent to you. Very truly yours, Patricia C. Moore By: Margaret Rutkowski mr Enc. JULY 12, 21 t the time noted BALDRIDGE.This is a reque a SOUTHOLD TOWN BOARD below(or as hereafter as possi- Variance under Article __V, OF APPEALS ble): Section 100-244B, based on the Town Hall 6:20 p.m. Carryovers from prior Building Inspector's May 29, 2001 53095 Main Road bearing calendars: Notice of Disapproval. Applicant is P.O.Box 1179 Appl. No. 4950 - GEORGE proposing a new dwelling with a set- Southold,NY 11971-0959 KOUGENTAKIS. (Hearing continu- back of less than 50 feet from the 19 6 1TJu28 ation). front property line facing Private Appl.No.4960-MICHAEL RED- Road at 6155 Horton's Lane, DINGTON.(Hearing continuation). Southold, County Tax Parcel 1000- New Applications(Request Proof 54-7-18.6. of Notices Required under Ch.58 of 7:50 p.m. Appl. No. 4974 - the Town Code). RICHARD HAMMEL (Owner, 6:30 p.m.Appl.No.4970-JOEL JOHN DEMPSEY).This is a request REITMAN. This is a request for a for Variances based on the Building Variance under Article XXIV, Inspector's March 18,2001 Notice of Section 100-244B, based on the Disapproval: (1) under Article Building Inspector's May 2, 2001 XXIV, Section 100-244B for a new Notice of Disapproval. Applicant is dwelling at less than 35 feet from the proposing a deck addition with a rear front property line facing Birch yard setback at less than 50 feet. Avenue, and (2) under Article Location of Property: 325 Indian XXIII, Section 100-232A for a new Neck Lane, Peconic; County Tax dwelling on a lot with three front Map Parcel 1000-86-1-4.22 yards,with a rear yard setback at less 6:35 p.m.Appl.No.4963-JANET than 35 feet from the remaining ODDEN. This is a request for a property line. Location of Property: Variance under Article XXIV, 2155 Cedar Avenue, Southold; Section 100-242A based on the Parcel1000-77-1-25. Building Inspector's May 9, 2001 7:55 p.m.App!No.4944-HENRY Notice of Disapproval. Applicant is SMITH and KEYSPAN GAS CORP. proposing 60 sq.ft.of step area for a This is a request for a Special porch addition which will have a Exception under Article III,Section front yard setback at less than 35 100-31B(6)to establish use of prop- feet. Location of Property: 315 erty as a Gas Compressor Facility, STATE OF NEW YORK) Rachel's Road, Mattituck; County and a Variance under Article III, )SS: Tax Map Parcel 1000-108-4-7-44. Section 100-231, based on the 6:40 p.m. Appl. No. 4966 - Building Inspector's February 13, OUNTY OF SUFFOLK) LEONARDO TIRADO. This is a 2001 Notice of Disapproval for fenc- 1 Lo\ivw request for a Variance under Article ing at a height above six feet along 1 III, Section 100-33, based on the front yard(s) in this nonresidential county, being duly sworn, say: Building Inspector's May 21, 2001 zone district. Location of Property: clerk of THE SUFFOLK TIMES, Notice of Disapproval. Applicant is 49400 Main Road and Bayview proposing an amendment in the loca- Road, Southold; Parcel 1000-70-8-5. fished at Mattituck, in the Tow tion of an accessory swimming pool Zone District:"B Business." closer than 32 feet decided April 19, 8:10 p.m.Appl.No.4972-LISTA Suffolk and State of New York,a 2001 by the Board of Appeals under CANNON. This is a request for the annexed is a printed copy Appl. #4913. Location of Property: Variances for proposed additions to 3850 Nassau Point Road,Cutchogue, dwelling based on the Building lished I said Newspapf NY; County Tax Map Parcel 1000- Inspector's March 9, 2001 Notice of for C weeks si 111-8-1. Disapproval which states that under 6:45 p.m. Appl. No. 4967 - Article XXIV, Section 100-244B the On the THOMAS JEROME. This is a proposed construction will have set- of SA - 20 request for a Variance under Article backs at less than 35 feet from the III, Section 100-23, and Bulk front property line,less than 10 feet CHRISTINA T.WEBER Schedule of the Zoning Code,based from the side property line,less than Notary Public,State of Nov/York No.01WE503.551 on the Building Inspector's May 2, 35 feet from the rear property line, Qualified in Suffolk County 2001 Notice of Disapproval. and lot coverage for total building nmission Expires December 13, Applicant is proposing a division into. area in excess of the 20% code limi- two lots, one with a two-family tation. Location of Property: 1050 dwelling on less than 160,000 sq.ft.of Arshamomaque Avenue, Southold; Sworn to beo me this land area,and the other lot for a pro- Parcel 1000-66-2-27. LA(LAt__ posed single-family dwelling on less 8:20 p.m. App!. No. 4976 - day of than 80,000 sq.ft.of land area,in this MICHAEL McALLISTER.This is a R-80 Residential Zone District.Total request for Variances (1) under eit')ES C land area existing: 192,666 sq. ft. Article XXIII,Section 100-239.4A.1, Location of Property: SWIl§ Main based on the Building Inspector's Road,Southold;County Parcel 1000- May 31,2001 Notice of Disapproval 69-6-7. for new dwelling at less than 100 feet 6:55 p.m.Appl. No.4973 -DON- from the top of the bluff, (2)under ALD and LOUISE MOYLE.This is a Article XXIII,Section 100-239.4A.1 request for a Variance under Article based on the Building Inspector's XXIII, Section 100-239.4, based on May 31,2001 Notice of Disapproval the Building Inspector's May 30, for an in-ground swimming pool at 2001 Notice of Disapproval for a pro- less than 100 feet from the top of the posed addition at less than 75 feet bluff, and (3) under Article III, from the bulkhead. Property Section 100-33B.4 to locate a pro- - Location: 1920 Minnehaha posed garage at less than 20 feet from Boulevard, Southold; County Tax the side lot line. Location of Map Parcel 1000-87-3-63.1(or 63). Property: 17665 Soundview Avenue, 7:10 p.m.Appl.No.4968-EDGE- Southold;Parcel 1000-51-1-3. WATER II,LLC.This is a request for 835 p.m. Appl.No.4969-N.Y.S. a Variance under Article III,Section FEDERATION OF PROCESSORS 100-32, based on the Building AND GROWERS (Owner: N. Inspector's May 1, 2001 Notice of Aliano). This is a request for a Disapproval for the reason that the Special Exception under Article III, third story of the proposed dwelling Section 100-31B(4), to establish use is indicated as habitable area. of property as a proposed Nursery Location of Property:63735 C.R.48, School (Grace's Place). Location of Greenport; County Tax Map Parcel Property: 31800 and 31040 C.R. 48 1000-40-1-20:2. (a/k/a Middle Road or North Road), 7:20 p.m. Appl. No.4971 -DOU- Peconic; County Parcel Nos. 1000- GLAS BRADFORD.This is a request 74-4-4.7 and 4.8,also referred to Lots for Variances based on the Building 7 and 8 on the Subdivision Map of LEGAL NOTICE Inspector's May 1, 2001 Notice of Nicholas Aliano. Disapproval for additions to The Board of Appeals will hear all NOTICE OF HEARINGS dwelling: (1) under Article XXIV, persons, or their representative, SOUTHOLD TOWN -Section 100-244B, based with a lot desiring to be heard at the hearing, BOARD OF APPEALS coverage over 20% of the code limi- or desiring to submit written state- THURSDAY,JULY 12,2001 tation, (2) under Article XXIV, ments before the conclusion of the NOTICE IS HEREBY GIVEN, Section 244B for side yards at less above hearing.This hearing will not pursuant to Section 267 of the Town than 25 feet,and less than 10 feet on start earlier than designated. Files Law and Chapter 100 (Zoning), either side; and (3) under Article are available for-review during regu- Code of the Town of Southold, the XXIII,Section 100-239.4B.for,a set- lar Town Hall business hours(8 a.m.- following applications will be heard back at less than 75 feet from the 4 p.m.).If you have questions,please by the SOUTHOLD TOWN bulkhead. Property Location: 3705 do not hesitate to call(631)765-1809. BOARD OF APPEALS at the Town Bayshore Road, Greenport; County Dated:June 22,2001 Hall, 53095 Main Road, Southold Tax Parcel 1000-53-4-21. Cl; )/5n Z.1,�:�x -1;.0 , Southold, JJIlJL6G1 rtl ��c.�.. .,n�,i , ,,�_ir�3E !�SA.�, QEI��i `ICER,,. OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631) 765-1809 fax (631) 765-9064 June 20, 2001 Re: Chapter 58— Public Notice for Thursday, July 12, 2001 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing the 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, on Monday, July 1st, or sooner, including a copy of a map showing your project area, 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 you already have a sign and stand and only need the laminated printout for the face of the sign, an additional deposit is not necessary and we can mail or fax it to you. Please post the Town's official poster/sign no later than July 4th, 2001. 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 furnished for each 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 July 3`d, please submit to our office your Affidavit of Mailing(copy enclosed)with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us (but not later than the date of the hearing). If any signature card is not returned, please advise the Board at the hearing. On or about July 10th, 2001, and after the signs have been in place for seven (7) days, please submit your Affidavit of Posting to our office. These will kept in the permanent record as proof of all Notices. (Please feel free to return the metal stands to our office for a return of your deposit.) If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, ZBA Board Members and Staff Enclosures THOMAS JEROME SUBDIVISION . LOT SIZE VARIANCES 1000- 69- 6 - 7 JULY 12TH 6 : 45 PM