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Home My WebLink About4970 APPEALS BOARD MEMBERS pFFO( • O��$ �{"CO Southold Town Hall Gerard P. Goehringer, Chairman ,�� Gy 53095 Main Road James Dinizio,Jr. c P.O. Box 1179 Lydia A. Tortora W ,? Southold,New York 11971-0959 Lora S. Collins � • �'F ZBA Fax(631) 765-9064 George Horning �IQ! * �.�� Telephone(631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 12, 2001 Appl. No. 4970 - JOEL REITMAN Parcel No. 1000-86-1-4.22. STREET & LOCATION: 325 Indian Neck Lane, Peconic DATE OF PUBLIC HEARING: July 12, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is shown as Lot 22 on the Map of Richmond Shores at Peconic. This property consists of a total area of 21,750 sq. ft. with 150 ft. of frontage along the easterly side of Indian Neck Lane. The property is improved with a single-family dwelling situate 50.6 feet from the front property line, 41 and 40.9 feet from both side lines (north and south), and 51.6 feet from the easterly property line, all at their closest points. BASIS OF APPLICATION: Article XXIV, Section 100-244B, based on the Building Inspector's May 2, 2001 Notice of Disapproval for a proposed deck addition with a rear yard setback at less than 50 feet. AREA VARIANCE RELIEF REQUESTED: Applicant was disapproved in his building permit application to the Building Department for a deck addition for the reason that the deck will be 42 feet instead of 50 feet from the rear property line. The size of the deck would be 16 ft. by 20 ft., one-half of which does not meet the setback requirement. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board make the following findings: REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 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 applicant wishes to construct a 12 ft. by 14 ft. screened in porch with a 4 ft. by 12 ft. raised deck on the northeast rear corner of his house. The addition will be located 42 feet at the closest point from the rear yard property line. The rear yard adjoins a vacant parcel of reserved land, and the addition will have no impact on the adjoining properties or the neighborhood. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the applicant's rear yard is 51.6 feet at the closest point to the houses, and any addition would require a variance of the 50-ft. required setback under the code. 3. The requested area variance is not substantial and represents an 8 ft. reduction in the code required 50 ft. rear yard setback requirement. ' Page 2 -July 12, 2001 ZBA Appl. No. 4970—J. Reitman Parcel 1000-86-1-4.22 at Peconic 4. 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 physical or environmental conditions in the neighborhood would be adversely impacted. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to APPROVE the variance as applied for, SUBJECT TO THE CONDITION that the screen enclosure not be transformed into glass or other permanent enclosure. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, and Horning. Nay: Member Collins. This Resolution was duly adopted 4-1). i ARD P. GOEHRING , CHAIRMPA LCCETVED AND FILED B f � c r, c,DAT � 7��o�pl - IU.. 3v Tovin CI c:c 1 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~ 20017 at the time noted below (or as soon thereafter as possible): 6:30 p.m. Appl. No. 4970 - JOEL REITMAN. This is a request for a Variance under Article XXlV, Section 100-244B, based on the Building Inspector's May 2, 2001 Notice of Disapproval. Applicant is proposing a deck addition with a rear yard setback at less than 50 feet. Location of Property: 325 Indian Neck Lane, Peconic; County Tax Map Parcel 1000-86-1-4.22. 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 21, 2001. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO Joel Reitman PO Box 528 Peconic NY 11958 FORM NO. 3 TOWN OF SO'UTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE; May 2, 2001 Please take notice that your application dated April 11, 2001 For permit for addition to one family dwelling at Location of property 325 Indian Neck Lane Peconic County Tax Map No. 1000 - Section 86 Block 1 Lot 4.22 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds proposed addition not permitted pursuant to Article XXIV Section 100~244B which requires a minimum rear yard setback of 50 feet. Proposed addition shown at 42 feet from rear lot line Authorized S'bgfiature SOUTHOLD, NY I197t~ r~-,~ ' , :~ I TEL: 765-1802 ~ ..................... Exarmned ,20 Approved ,20__ )isapproved Do you'l~ve or need the following, before applying Board of Health 3 sets &Building Plans Survey. Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ~pr'i I It, ,20 o ~ a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings 0n'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 throughogt the work. e. No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupar 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 a'lterations or for removal or demolition as herein described. The applicant agrees to coinply with all applicable laws, ordinane.es, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for neces, sary inspections. (Signature~,&[ applicant or name, if a corporation) '" (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, eleclirjcian, plumber or builder Nameofownerofpremises 3,2-5'- IM,'a. /v? (as on the tax roll or latest deed) 1ooo'8"6- o l - If applicant is a corporation, signature of duly authorized o.fficer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which prol~osed work will be done: ~:~.-( I ~d;ar~ I'J~lc-- I../,~.,,.~_ "' ' House Number Street County Tax Map N,o. 1000 Section Subdivision (Name) Hamlet s. ,", Block 62 / " Lot Filed Map ~ ~-~ State existing use and occupanq~¢'premises and intended u~e and eccull~l¥ of proposed a, Existing use and occupa~ ~,-~ ~ [~, F~.ao [,~ ~5.:~. constructi~)n: Addition_ ,X/- Alteration Other Work b. Intended use and occupancy ~-Ztr/~r~ Nature of work (check which applicable): New Building_ Repair Removal Demolition Estimated Cost Y/O, o~)b.oo Fee if dwelling, number ofdwelling units If garage, number of cars (Descr/ption) (to be paid on filing this application) Number of dwelling units on each floor ,. If business, commercial or mixed occupancy, specify nature and extent of each type of use. ' Dimensions of existing structures, if any: Front ~'~... ~ Rear &~7, ~ Depth Height_ Number of Stories 2.~ ' Dimensions of same structure with alterations or additions: Front Depth. ,5'~'t2 Height. Dimensions of entire new construction: Front [ c/.i ~: Rear Height c Number of Stories 6)2/e- Size of lot: Front [~'D' Rear [ %"'0 ' 0 Date of Purchase 19.-/190 (¢¢- ~/ Rear Number of Stories Depth Name of Former Owner [ ~ ' Depth. iy ", I. Zone or use district in which premises are situated 2 Does proposed construction violate any zoning law, ordinance or regulation: 3. Will lot be re-graded .~0 Will excess fill be removed from premises: 4. Names of Owner ofpremisesd ~. ~ ' ~ ~ ~~/~Address Name of Architect Address Name of Contractor ,~.~t~.~-- Address .PhoneNo. ?~%~- 2.57-7' .Phone No Phone No. 5. Is this pi'6perty within 100 feet of a tidal wetland? *YES NO · · YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 6. Pro¥id~e survey, to scale, with accurate foundatic~n 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) iOUNTY OF~S: '--Jr9 ~. I . .~t,~,Q being du{y sworn de~ oses and says that (s)he is the applicant (Name of in'di~'i'du~l signing contract) above named, ' P ¢)l-le is the (Contractor, Agent, Corporate Officer, etc.) fsaid owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; ~at ali statements contained in this application are true to the best of his knowledge and belief; and that the work will be :rformed in the manner set forth in the application filed therewith. worn to b&fore me ~ day of(~ ~-~ x~ 20~2L~ -- ' z_)Notary Public LYNDA M. BOHN NOTARY PUBLJC, State of No. 01 BO6020932 (~aallfied Ii1 Suffolk Term Expires Ma,,ch ~mr~of Applicant Office Use Only: Fee $ ~/~.s~/o t TOWN OF SO~THOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE OF BUILDING INSPECTOR'S DECISION APPEALED: .../,j~..~....~.~...~;.~.f TO THE ZONING BOARD OF APPEALS: I (We)'~L.~...~..-- -- ...... .~...(:(~.~....~F.....C...L-.~.....!..~.l'/..~'''P]'' ..... , (Appellant HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DAIED .;¢,~',..~, .... WHE/EEBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED...~.~/..~.~...~../. FOR: ~ Permit to Build ( ) Permit for Occupancy ( ) Permit to Use ( ) Permit for As-Built ( ) Ofhen 1. Location of Propedy.~.~.~....I.r~ .4(~..O..~.....~.,.~-~:~.~.~....~....~.~ ............~Zgn~ ........ Dlstricf 1000 Section. 2. Provision of the Zoning Ordinance Appealed. (Indicate Article, S~ction, Subsection and paragraoh of Zoning Ordnance by numbers. Do not quote the law.) Article ~'..L~/Section 100- R-.f..Y'.~Sub-Section .............. 3. Type of Appeal. Appeal Is made herewith for: ( ) A Variance fo the Zoning Ordinance or Zoning Map ( ) A Variance due to lack of access as required by New York Town Law Chap. 62, Cons. Laws Art. 16, Section 280-A. ( ) Interpretation of Article ..........Section 100-. ................. ( ) Reversal or Other: ................................................................................................ 4. Previous Appeal. A previous appeal (has) (has not) been made with respect to this property or with respect fo this decision of the Building Inspector (Appeal # ...... Year ....... ). REA~iON$ FOR APPEAL (Additional sheets may be used with aoollcant's slclnature}: AREA VARIANCE REASONS: (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or q detriment fo nearby properties, if granted, because: , _ (2) The benefit sought by the applicant CANNOT be achleved by some method feasible for the appllcanf to pursue, other than an area variance, because: (3) The amourd of relief request,ed is not substantial because: (4) The variance will NOT have an adverse effect or Impact on the physical or ~lronmental conditions In the neighborhood or dlsfricf 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 STANDARDS are conJpleted and attached. Sworj~ to before me this , (Signatur~ of Appellant or Authorized Agent) ~,~4 day. of,.L.~..~.,...., 20~?/. (Agent must submit Authorization from Owner) ~' /" "' /No't~y Public ZBA App O8/0O Appeal Application, Continued BOARD OF APPEALS: TOWN OF SOUTHOLD COUNTY OF SUFFOLK:STATE OF NEW YORK Application of ........................................ Appeal Application (Continued) Property ID # ........................................ REASONS FOR USE VARIANCE Continuation of Appeal Application for a Use Variance (when applicable): For Each and Every PermiJfed Use under the Zoning Regulations for the Particular Dish'Jcf Where the Project Is Located ('please consult your afforney before completing): (1) The applicant CANNOT realize a REASONABLE RETURN because: (2) The HARDSHIP relates fo the property and does not apply to a substantial portion of the district or neighborhood because: (3) The relief requested will not alter the essential CHARACTER of the neighborhood bec.use: (4) Has the alleged difficulty been self-created? ( ) Yes, or ( ) No. (5) This Is the MINIMUM that is necessary and adequate, and af the same time wlll preserve and protect the character of the neighborhood and the health, safety, and welfare of the community because: (6) The spldf of the zoning ordinance will be observed. (7} The public safety and Welfare will be secured and substantial Justice done. Sworn fo before me this day of .................... 20 (Slgnature of Appellant or Authorized Agent) (Notary Public) ZBA App 08/00 "P "' TOV~ OF SOUTHOLD PR~)ERTY RECORD CARD .... OWNER STREET '- ~- VILLAGE DIST. SUB. LOT ?, ~'~ FORMER OWNER N E ACR. :~, ~. ~'~,,~i.O..S -.-~d3gr~]Ol,~' ~-~-~ Irt(:. W TYPE OF BUILDING RES. d-/~ s~s. " vL;.,~__ FARM COM. CB. M,CS. LAND IMP. TOTAL DATE REMARKS Tillable FRONTAGE ON WATER W~l~nd FRONTAGE ON ROAD Me~dow~d DEPTH Hou~ Plot BULKH~D 'Totol 86-1-4.22 2/01 Extension Porch Foundation Basement Porch Ext. Walls Breezeway Fire Place Gara~e~ Patio O. Bo /? 7 ?? 797~' Total Type Roof Recreation Roorr Dormer Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette LR. DR. BR. FIN. B DEPARTMENT OF PLANNING IIcoLINTY OF SUFFOLK SUFFOLK COUN'P( EXECUTIVE September t4, 2001 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffo,[k County Administrative Code, the following application(s) submitted to the Suffolk Count), Planning Commission is/are considered to be a matter for local determination as them 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. Aunlicant(s/ Municipal File Nulnber(s) Tirado, Leonardo Anderson (Doris) and Hurtado (John)* Wackenfuss, Janet* Keyspan/LIPA (Henry Smith, owner) Reddington, Michael Odden, Janet Jerome, Thomas Edgewater 1I, LLC NYS Federation of Processors & Growers, Inc. (N. Aliano, owner) Reitman, Joel Bradford, Douglas* Cannon, Lista Moyle, Donald and Louise McAllister, Michael** ~ Genovese, Jeanne and Louis Mazurowski, Florence Price, ary Ann** Papson, Vicky Monk, Joyce G. 4913 4921 4939 4944 4960 4963 4967 4968 4969 4970 4971 4972 4973 4976 4970 4979 4980 4981 4983 Very truly yours, Thomas Isles Director of Planning GGN:cc G:ICCHORN',RZONING~.O NINGIWO RKINGILD2O011SEPT~SD4913 SEP S/sGeraldG. Newman ChiefPlanner LOCATION MAILING ADDRESS FI. LEE DENNISON BLDG - 4TH FLOOR · P 0 BOX (~ I O0 · (5 I ~5) 853-5 I go I O0 VE~'ERANS MEMORIAL FIIGHWAY HAUPPAUGE, NY I I ?88-0090 TELECOPIER (5 I 6) 853-4044 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. - 4970 - JOEL REITMAN Action Requested: ~_r_¢ - ¢~ Within 500 feet of: ('~ 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 MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 July 19, 2001 Mr. and Mrs. Joel Reitman 325 Indian Neck Lane Peconic, NY 11958 Re: Appl. No. 4970 - Location of Deck Addition Dear Mr. and Mrs. Reitman: Enclosed please find a copy of the Board's determination rendered at our July 12, 2001 Regular Meeting. As the next step of the permit review process, please be sure to submit any other remaining document(s) that may be necessary to the Building Department (765-1802). If you have any questions, please either call our office or the Building Department at 765-1802. Very truly yours, Enclosure Copy of Decision to: Building Department Gerard P. Goehringer Chairman SIT'UAT~D A~ '' S~C. TAX No. 1'000-86~'01~4~22 APRIL 22, tggg. AREA ~ 21,7~0.00 mq. ft. 0.49'g riOmTY NATIONAL .~ITi~ II~IsuRANc£ COUPANY :.OF NEW YO~ 8N~ MO~GAGE COMPANY;, LEO ANNE~ RE,MAN ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 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. 4970 Transmitted herewith is Zoning Appeals No. 4970 - Reitman, Joel - Zoning Board of Appeals application for variance. Also included is SEQR short environmental assessment form, ZBA questiormairc, transactional disclosure form, notice of disapproval, set of plans, building permit application and survey. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 6, 2000 Appl. No. 4842 -JOHN AND LISA MOLNAR STREET & LOCATION: 625 Indian Neck Lane, Peconic DATE OF PUBLIC HEARING: August 10, 2000 1000-86-1-4.24 FINDINGS OF FACT PROPERTY FACTS: The applicants' property comprises 21,750 sq. ft. on thee east side of Indian Neck Lane in Peconic, with 145 feet of depth and 150 feet of frontage. It is improved with a two- story frame dwelling with garage. BASIS OF APPLICATION: Building Inspector's Notice of Disapproval, dated June 16, 2000, denying a permit to build a rear deck for the reason that the deck would be 34 feet from the rear property line in violation of the 50-foot rear yard required under Code section 100-244B. AREA VARIANCE RELIEF REQUESTED: Applicants request a vadance authorizing an open rear deck 36 feet wide by 15 feet deep, with a setback of 34 feet from the rear property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants' rear yard is 49 feet deep. This is one foot less.than the 50 feet required under Code section 100-244B, reflecting a variance granted under Application 4757. Consequently, an addition of any sort at the rear requires a variance. (2) The Board understands that the land immediately behind applicants' property is to be left undeveloped. This fact, coupled with the size of the lot and the spacing between houses, leads the Board to conclude that a modest open deck will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) There is no evidence that the action set forth below will have an adverse effect or impact on physical or environmental conditions. (4) The action set forth below is the minimum necessary and adequate to enable applicants to enjoy the benefit of a deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehdnger, seconded by Member Collins, it was RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a vadance authorizing construction of an open deck no more than 38 feet wide with a setback, taking Page 2 - September 6, ZBA Appl. No. 4842 - J. and Parcel 1000-86-1-4.24 at Peconic into account any steps from the deck to the ground, of no less than 35 feet from the mar property line, subject to the following CONDITIONS: (1) The deck shall be and remain open to the sky and unenclosed except for a Iow railing. (2) No further reductions in the mar yard setback shall be granted. VOTE OF THE BOARD: Ayes: Members Goehdnger (Ch~io, T.~;:u~;~, and Collins. This Resolution was duly adopted (4-0). (Fish~~min/~~ jGERARD P. GOEHRINGER, C,~A']RMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERAT/ONS AND DETERMINA'F~ON NOVEMBER 3, 1999 Appl. No. 4757 - ~ 1000-86-1-4.24 STREET N& LOCALrTY: 625 Indian Neck Lane, Peconic DATE OF PUBLIC HEARING: October 14, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a 21,750 sq. ft. lot with 150 ft. frontage along Indian Neck Lane, in Peconic. The lot is known as Lot 24 on the Map of Richmond Shores and is improved with a concrete foundation for a single-family dwelling. BASIS OF APPLICATION: Building Inspector's September 20, 1999 Notice of Disapproval. Article III, Section 100-32 (and ref. Article XXIV, Section 100-244B which requires a 50 ff. rear yard setback for a principal building on a size of 21,750 sq. ft. The "as built" foundation is 49.0 ft. from the rear property line. AREA VARIANCE RELIEF REOUESTED: The request made by applicant is for approval of the setback of an "as built" foundation at 49.0 feet from the eastedy rear property line, confirmed by August 31, 1999 foundation survey prepared by Joseph A. Ingegno, L.S. The remaining setbacks are not the subject of this application. REASONS FOR BOARD ACI'ION. DESCi~_~_~_n R_~LOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: (1) The granting of the area variance will not produce an undesirable change n character of neighborhood or a detriment to nearby properties because the property adjacent to the easterly yard area is vacant land reserved for open space in this subdivision. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the house (foundation) is presenUy located with an insufficient rear yard and the degree of the variance is minimal, with a I ft. by 37 ft. section extending beyond the required 50 ft. setback in the rear yard. (3) The requested area variance is not substantial. (4) The hardship is self-created. (5) There are no factors present to indicate that the requested area vadance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this applicaUon, 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, and welfare of the communtb/. L N : On motion by Member Dinizio, seconded by Member Tortora, it was Page 2 - November 3, 19~ Appl. No. 4757 - Schembr~mes Re: 1000-86-1-4.24 P. ESOLVED, bo GRANT the variance, as applied for, VOTE OF THE BOARD: Ayes: Goehringer, Dinizio, Tortora, and Colli~:u~is R~lution w~as duly ADOPTED (4-). (Member Homing of Fishers Island was absent, out-of-sl~,eT) / / ) //// ........ 617.21 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) Yes [:] NO I! NO. 4~e$cnbe ~iefly 9. WHAT IS BRESENT LAND USE I" VICINITY OF PROJECT? . 12. AS A RESULT 0/: PROPOSED ACTION WILL EXISTING PEBMIT/APPROVAL REQUIRE MOOIFICATION? [~ Yes l~No I CERTIFY THAT THE INFORMATIO PROVIOED ABOVE IS TRUE TO THE BEST OF MY KNOWt. EOGE , If the action~.,is in the Coastal Area. and you are a state agency, complele the Coas~a! Assessme.n! Form before proceeding with this assessment OVER I · SEQR 9UESTIONNAIRE FOR FIriNG W~TH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals .(and entit/~s) having a financial ~'lterest in the subject pr-~ises and a description of their inte=ests: (Separate sheet may. be attached. ] B. Is the subject premises liste~ on the real estate market for a ~} or being show~ to prospective b~l~rs? { } Yes bio. (If Yes, please attach copy of "conditions',, of sale. C. Are ther.e ,any proposals to change or ~lter land contours? { } Yes {,~ bio .~. D. 21[ Are there any' areas which cont-~.i- ~etland . grasses? Ar.e the wetland areas shown on the' map sulm~tted wi~h this application? 3. Is the proper Lf bu/-kheaded- between the wetlands ar'ea and the Upland buflS{.ng area? w~ 4. If your prope~Cy contains or pond areas, have you contacted the Office of the Tc~n Trustees for its determination of jurisdiction? E. Is there a depression or slopinq elevation near the area of 'proposed C~_~uction at or below five feet above mea~ sea level? . '~u (If not applicable, state .~.Z,_~Ar_e~'c~_.ere .any pati.os,, concrete barriers, b,,~kheads or fence~ of yo~ ~lS{ng P~t ~d man ~ -~---= ~ ....... ~ If none, plebe s~te. H. ~ Y~Nn~Y co~ ~o ~ o~ ~d close to eh~ p~cel? ~VU If -- - - of de~. xea, plebe ~n ~e or ~t copi~ I. Please '-ilar present use or operations conducted at eh~s Proposed ~se 3/87, Z0/g0l.k The Town o~ ~buthold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. Th~ purpose of this form is to provide information which cas alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same, (Last name, first same, middle initial, unless you are applying in the name of someone else or NATURE OF APPLICATION~ (Check all that appIy.) Tax grievance Variance ~ Change of zone If you answered 'YES,'. complete the balance of this form and Name of person employed by the Tow~ of Southold Describe the relationship betwee~ yourself (the applicant} appropriate line A) through D) and/or describe in t~e 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)~ C) an officer, director, partner, or employee of the appllcant~ or D) the actual applicant. DESCRIPTION OF RELATIONSIiIP opWn Of Southold .O Box 1179 thold, NY 11971 * * * RECEIPT * * * Date: 05/31/01 Transaction(s): Application Fees Receipt#: 620 Subtotal $150.00 Check#: 620 Total Paid: $150.00 Name: Reitman, Ann 325 Indian Neck La. Peconic, NY 11958 Clerk ID: LYNDAB Internal ID: 33100 Updated FOR BOARD AND STAFF USE New Information ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 4000- I z Z- COUNTY OF SUFFOLK) STATE OF NEWYORK) residing at ~.Z ¢- New York, being duly sworn, depose and say that: T , On. the~/ day of J,J/H , 200], I personally placed the own s official Poster, with the dat~ of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, whi~,~ad~wn to be 0' (~Sig~ SwOrn to bef~e me this day of\(~ , 2001. (Notary Public) LYNDA M. BOHN NOTARY PUBLIC, State of New¥ork No. 01 BO6020932 Qualified in Suffolk Count~_ Term Expires March 8, 20 ~ *near the entrance or driveway entrance of my property, as the area most visible to passersby. LEGAL NOTICE NOTICE OF HEARINGS 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 applications wlil be heard by the SOUTHOLD TOWN BOARD OF APPEALS at the Town JULY 12, 2001, at the time noted below (or ~ thereafter as possi- ble): 6:20 p.m. Carryovers from nrigr hearine calendars: Appl. No. 4950 - GEORGE KOUGENTAKIS. (Hearing continu- ation). Appl. No. 4960 - MICHAEL RED- DINGTON. (Hearing continuation). New Anolications (Reauest Proof of Notices Reouired under Ch. 58 of the Town Code). 6:30 p.m. AppL No. 4970 - JOEL REITMAN. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Inspector's May 2, 2001 Notice of Disapproval. Applicant is proposing a deck addition with a rear yard setback at less than 50 feet. Location of Property: 325 Indian Neck Lane, Peconic; County Tax Map Parcel 1000-86-1-4.22 6:35 p.m. Appl. No. 4963 - JANET ODDEN. This is a request for a Variance under Article XXIV, Section 100-242A based on the Building Inspector's May 9, 2001 Notice of Disapproval. Applicant is proposing 60 sq. ft. of step area for a porch addition which will have a front yard setback at less than 35 feet. Location of Property: 315 Rachel's Road, Mattituck; County Tax Map Parcel 1000-108-4.7-44. 6:40 p.m. AppL No. 4966 LEONARDO TIRADO. This is a request for a Variance under Article III, Section 100-33, based on the Building Inspector's May 21, 2001 Notice of Disapproval. Applicant is proposing an amendment in the loca- tion of an accessory swimming pool closer than 32 feet decided April 19, 2001 by the Board of Appeals under AppL g4913. Location of Property: 3850 Nassau Point Road, Cutchogue, NY; County Tax Map Parcel 1000. 111-8-1. 6:45 p.m. Appl. No. 4967 THOMAS JEROME. This is a request for a Variance under Article III, Section 100-23, 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 pro- posed 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: 51020 Main Road, Southold; County Parcel 1000- 69-6-7. 6:55 p.m. Appl. No. 4973 - DON. ALD and LOUISE MOYLE. This is a request for a Variance under Article XXIII, Section 100-239.4, based on the Building Inspector's May 30, 2001 Notice of Disapproval for a pro- posed addition at less than 75 feet from the bulkhead. Property Location: 1920 Minnehaha Boulevard, Southold; County Tax Map Parcel 1000-87-3-63.1 (or 63). 7:10 p.m. AppL No. 4968 - EDGE- WATER II, LLC. This is a request for a Variance under Article III, Section 100-32, based on the Building Inspector's May 1, 2001 Notice of Disapproval for the reason that the third story of the proposed dwelling is indicated as habitable area. Location of Property: 63735 C.R. 48, Greenport; County Tax Map Parcel 1000-40-1-20.2. 7:20 p.m. Appl. No. 4971 - DOU- GLAS BRADFORD. This is a request for Variances based on the Building Inspector~ May 1, 2001 Notice of Disapproval for additions to dwelling: (1) under A{ticle XXIM Section 100-244B, based with a lot coverage over 20% of the code limi- tation, (2) under Article XXIV, Section 244B for' side yards at less than 25 feet, and less than 10 feet on either side; and (3) under Article XXIII, Section 100-239.4B lo,r; a set- back at less than 75 feet from the bulkhead. Property Location: 3705 Bayshore Road, Greanport; County BALDI~IDGE: :Fhis is a requ~o{~ Variance under Article WIV, Section 100-244B, based ~ the Building Inspector's May 29, 2001 Notice of Disapproval. Applicant is proposing a new dwelling with a set- back of less than 50 feet from the front property line facing Private Road at 6155 Horton's Lane, Southold, County Tax Parcel 1000- 54-7-18.6. 7:50 p.m. Appl. No. 4974 - RICHARD HAMMEL (Owner, JOHN DEMPSEY). This is a request for Variances based on the Building Inspector's March 18, 2~01 Notice of Disapproval: (1) under Article XXIV, Section 100-244B for a new dwelling at less than 35 feet from the front property line facing Birch Avenue, and (2) under Article XXIII, Section 100-232A for a new dwelling on a lot with three front yards, with a rear yard setback at less than 35 feet from the remaining property line. Location of Property: 2155 Cedar Avenue, Southold; Parcel 1000-7%1-25. 7:55 p.m. Appl No. 4944 - HENRY SMITH and KEYSPAN GAS CORP. This is a request for a Special Exception under Article III, Section 100-31B(6) to establish use of prop- erty as a Gas Compressor, Facility, and a Variance under Article III, Section 100-231, based on the Building Inspector's February 13, 2001 Notice of Disapproval for fenc- ing at a height above six .feet along front yard(s) in this nonresidential zone district. Location of Property: 49400 Main Road and Bayview Road, Southold; Parcel 1000-70.8-5. Zone District: "B Business." 8:10 p.m. Appl, No. 4972. LISTA CANNON. This is a request for Variances for proposed additions to dwelling based on the Building Inspector's March 9, 2001 Notice of Disapproval which states that under Article XXIV, Section 100-244B the proposed construction will have set- backs at less than 35 feet from the front property line, less than 10 feet from the side property line, less than 35 feet from the rear property line, and lot coverage for total building area in excess of the 20% code limi- tation. Location of Property: 1050 Arshamomaque Avenue, Southold; Parcel 1000-66-2-27. 8:20 p.m. Appl. No. 4976 - MICHAEL McALLISTER. This is a request for Variances (1) under Article ;~CIII, Section 100-239.4A.1, based on the Building Inspector's May 31, 2001 Notice of Disapproval for new dwelling at less than I00 feet from the top of the bluff. (2) under Article XXIII, Section 100-239.4A.1 based on the Building Inspector's May 31, 2001 Notice of Disapproval for an th.ground swimming pool at less than 100 feet from the top of the bluff, and (3) under Article III, _ Section 100-33B.4 to locate a pro- . posed garage at less than 20 feet from the side lot line. Location of Property: 17665 Soundview Avenue, Southold; Parcel 1000-51-1-3. 8:35 p.m. AppL No. 4969 - N.Y.S. FEDERATION OF PROCESSORS AND GROWERS (Owner: N. Aliano). This is a request for a Special Exception under Article III, Section 100-31B(4), to establish use of property as a proposed Nursery School (Grace's Place). Location of Property: 31800 and 31040 C.R. 48 (a/k/a Middle Road or North Road), Pecooic; County Parcel Nos. 1000- 74-4-4.7 and 4.8, also referred to Lots 7 and 8 on the Subdivision Map of Nicholas Allano. The Board of Appeals will ha~ all persons, or their representative, desiring to be heard at the hearing, or desiring to submit written state- ments before the conclusion of the above hearing. This hearing will not start earlier than designated. Files are available for-review during regu- lar Town Hall business hours (8 a.m.- 4 p.m.). If you have questions, please do not hesitate to call (63t) 765-1809. Dated: June 22. 2001 Hall 5~3095 Main Road, Southoldt Tax Parce 1000-53-4-21 SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 ~936-1TJu2~ STATE OF NEW YORK) )SS: ~:~UNTY OF SUFFOLK) county, being duly sworn, say ctenk of THE SUFFOLK TIMES, lished at Mattituck, in the Tow Suffolk and State of New Yo~, a the annexed is a printed copy, lished ip said Newspap~ for ~ weeks si on the of ~%41"0~ 20 QusJiliecl in Surf02 County /-~ Sworn to befor~ me this day of. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel#1000- ~, - AFFIDAVIT OF MAILINGS Total . COUNTY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, depose and say that: [1958 -- s 0.~ ~IT Il): Here ;led<: KFN~'5 $~ 3.7~ )6126101 ,200 , I personally mailed at the New York, by CERTIFIED REQUESTED, a true copy of the attached Legal ~pes addressed to current owners shown on the current "m"~al records on file with the (/~ Assessors, or ~, , for every ~ )ublic or private street, or vehicular right-of- lnt'~_~pe~ _ ' (~Signature) below: C3 No (631) 765-1809 OFFICE OF ZONING BOARD OF APPEALS 53095 Ma/n Road $outhold, NY 11971 fax (631) 765-9064 June 20,2001 Re: Chapter 58 - Public Notice for Thursday, July 12, 2001 Headng Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing the recant 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 pdntout 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 headng. If you need a replacement sign, please contact us. By July 3rd, please submit to our office your Affidavit of Mailin.q (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 retumed, please advise the Board at the hearing. On or about July t0th, 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 JOEL REITMAN DECK ADDITION, REAR YD. SETBACK VARIANCE 1000-86-01-4.22 JULY 12TH 6:30 PM