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HomeMy WebLinkAbout4961 IS Pr'. 6/7/©/ t 672701 . d U APPEALS BOARD MEMBERS 1,,,, SFFO( r COGS Southold Town Hall Gerard P. Goehringer, Chairman ff y``,, 53095 Main Road James Dinizio,Jr. W P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 t d� Lora S. Collins � ZBA Fax (516) 765-9064 George Horning � age p�d0 Telephone (516)765-1809 •N / BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 Appl. No. 4961 — ROBERT AND PATRICIA WINCHESTER PARCEL 1000-111-15-7 STREET & LOCALITY: 6675 Nassau Point Road, Cutchogue DATE OF PUBLIC HEARING: June 7, 2001. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants' property is located on the east side of Nassau Point Road in Cutchogue. The survey map (updated 1/23/96) shows this lot as 41,500 sq. ft. in size, with 104.16 ft. along Nassau Point Road and 296.98 feet (along a tie line) at East Club Road. This lot is referred to as Lot 48 on the Amended Map A, Nassau Point Club Properties, Inc. and is improved with a 1-1/2 story frame house with wood deck and in-ground swimming pool, and two accessory storage buildings. BASIS OF APPEAL: Building Inspector's May 2, 2001 Disapproval which reads that the building permit for a second story addition to dwelling is disapproved under Article XXIV, Section 100-242A for the following reason: "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to regulations pertaining to such buildings. The existing structure has a nonconforming setback front lot line on East Club Road. Second story addition shown at 36 feet, outside of the building footprint, from front lot line, an increase in the degree of nonconformance. Fifty (50) ft. front yard setback required." AREA VARIANCE RELIEF REQUESTED: The applicant a 5' x 8' addition to the existing dwelling as shown on sketch prepared by Fairweather-Brown Architects with a proposed setback of 36+- feet from a tie line near the East Club Road property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The property is a large (41,500 sq. ft.) waterfront, corner lot with two front yards on Nassau Point Road and East Club Road (an unimproved paper road). The proposed 5' x 8' two-story addition follows the exterior footprint of the front of the house and will not increase the existing 128-ft. setback to Nassau Point Road. The proposed addition is set back more, with a setback proposed at 36 feet from the northerly tie line, or a total of 55 feet from East Club Road than the existing house, which exists at 19 feet to the tie line at its closest point. The small addition appears to be part of the house and will be a detriment to neighboring properties. 111 �Pagej2—June 7, 2001 Appl. No. 4961 —Robert and Patricia Winchester 1000-111-15-7 at Nassau Point 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 existing front yard setback to the tie line is nonconforming, and the applicant wishes to fill in part of the L-shaped front line of the house with the small addition. 3. The area variance is not substantial and represents a variance for 40 square feet. 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 grant of the relief requested will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of expanding the existing dwelling, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Di Torto -, Collins, and Horning. This Resolution was duly adopted (5-0). GERARD P. GOEHRINGE-, CHAT' , AN 71 TIT CLERK , (01/4/0 l m asap,,, rt r I l? \k(1 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 7, 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, JUNE 7, 2001 at the time noted below (or as soon thereafter as possible): 8:15 p.m. Appl. No. 4961 — ROBERT AND PATRICIA WINCHESTER. This is a request for a Variance,based on the Building Inspector's May 14, 2001 Notice of Disapproval under Article XXIV, Section 100-242A, which states that the existing structure has a nonconforming setback from the front lot line on East Club Road, and second story addition shown at 36 feet, outside of the building footprint, from front lot line, an increase in the degree of nonconformance. Applicant proposes to add a second-story addition at less than 50 feet from the front property line. Location: 6675 Nassau Point Road, Cutchogue; Parcel 1000-111-15-7. 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: May 18, 2001. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FORM NO. 3 A ' TOWN OF SOUTHOLD aAstitia, .rile runs BUILDING DEPARTMENT S a E /,`,..r.‘ SOUTHOLD,N.Y. u at NOTICE OF DISAPPROVAL DATE; May 2, 2001 TO Amy Martin A/C Winchester PO Box 521 Greenport NY 11944 Please take notice that your application dated March 16, 2001 For permit for 2nd story addition to one family dwelling at Location of property 6675 Nassau Point Road Cutchogue County Tax Map No. 1000 - Section 111 Block 15 Lot 7 Subdivision Filed Map# Lot# Is returned herewith and disapproved on the following grounds proposed addition not permitted pursuant to Article XXIV Section 100-242A which states; Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use,provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Existing structure has non-conforming setback front lot line on East Club Road. Second story addition shown at 36 feet, outside of the building footprint, from front lot line, an increase in the degree of non- conformance. 50 foot front yard setback required Authorize.t2.4 ature TOWN OF SOUTHOLD ', BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT ) Do 1, ,nave or need the following,before applying TOWN'IIALL MAR I S 2001 ' . : "" Board of Health SOUTHOLD, NY 11971 3 sets of Building Plans TEL: 765-1802 Survey E+R1VI ^kms. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved 20 Mail to: Disapproved a/c 5 Z t1 1 Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date \.6/6 , 20 0/ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in•part for any purpose what-so-ever until a Certificate of Occupanc 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 Regulktions, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. / (Signa /f applicant or name,if a corporation) • f'o s / ���A., „ (Mailing •.d-ess o pplicant) State whether app ' t is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises -RoI + �y lelC,g Ovl �C/he5-f (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: /� j House Nkimber Street Hamlet County Tax Map No. 1000 Sectioi /C j Block - /5 Lot Q 7 Subdivision NA-5 L) fPonv l (3:61 . " I` itecd'Map No. '4 Lot (Name) 2. State existing use and occupancy 'premises and intended use and occup''`y of proposed construction. a. Existing use and occupati._ . £z-Ti�i�. n eel ,'gid-1 deice , b. Intended use and occupancy c&t/34 ,-477/e/ ieeifP,XL.._ 3. Nature of work (check which applicable): New Building Addition f/ Alteration Repair Removal Demolition Other Weft' rnt �ycci (Descriptidn) 4. Estimated Cost c C0 cot, Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units / Number of dwelling units on each floor If garage, number of cars O/i�- 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensio s of existin s ctures, if any: Front T1(r Rear 7 ,0 ® ' Depth 3 b9 � Height X28'3"Number of Stories %/2. Dimensions of same structure with alterations or additions: Front 711 s Rear 77e.'± Depth GZoict 37. 9 ` Height all i 9 /I Number of Stories otil 8. Dimensions of entire new construction: Front 77•T. Rear 77.1 Depth . /' 7 Height tji ' 9 a Number of Stories 9. Size of lot: Front / D It %b r Rear /53.1 t Depth SOA. O ' 10. Date of Purchase Name of Former Owner /� 11. Zone or use district in which premises are situated ✓✓✓ �(//9G'lu-Y 12. Does proposed construction violate any zoning law, ordinance___ or regulation: e/0 to 13. Will lot be re-graded /,LO Will excess fill be removed from premises: YES NO 14. Names of Owner of premises ein4e Jt2. Address t itie al e.Phone 3�( 6% ,_ Name of Architect Robert �i-sm Address Zf7?' %2g-jn's* Phone No #77–775.2._;* Name of Contractor Address Phone No. 15. Is this property within 100 feet of a tidal wetland? *YES NO V • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 16. Provide survey,to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) An k . 99 £J yil being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)Heisthe ' d)" ( ontractor,Agent, Corporate Officer,etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this___i yi%S /9 day of /d a_g 20 6 7 / . SLMf camde, , / , Notary Public Signature of Applicant ELIZABETH A t.,:, ELIZABETH A STATHIS NOTARY PUBLIC,State ot New rock NOTARY PUBLIC,State of New York No.01ST6008173,Suffolk County No.01ST6008173,Suffolk County Term Expires June 8,20— Term Expires June 8,20527— i -' 5714{1,0 f 3' /I m., ssfgned Na � _ 4i- For Cifce Use Only: Fee$ IS, TOWN OF SOUTHOLD, NEW `IOW APPEAL FROM DECISION OF BUILDING INSPECTOR /����` DATE OF BUILDING INSPECTOR'S DECISION APPEALED: Anil neo o FAtietdc'79-rate Pta<a.4 TO THE ZONING BOARD OF APPEALS: I (We) na'7sb' S ' !"G "7ig'�ar6 (Appellant) of tot z)zdoe1 S (Tel # 4(77-97s ) HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DAT D A /•°f ......• wEBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED. L4// FOR: (II Permit to Build ( ) Permit for Occupancy ( ) Permit to.Use ( ) Permit for As-Built ( ) Other: aP /1,95- Ju vA)r Rb /c-i..Y.. e- t d/�✓ /a i 1. Location of Property... � f• . . Zone Jf- td* District 1000 Section..l'4....Block./:flot(s) ' ? Current Owner...Wf/.'✓ gee. Th 2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection and paragraph of Zoning Ordnance by numbers. Do not quote the law.) - - --- Article ..)QOJf Section 100- . `54Msub-Section R E E I V E D 3. Type of Appeal. Appeal is made herewith for: 04 A Variance to the Zoning Ordinance or Zoning Map MAY 15 2001 ( ) A Variance due to lackof access as required by New York Town Law �a�rrao�d Tower clerk Chap. 62, Cons. Laws Art. 16, Section 280-A. ( ) Interpretation of Article Section 100- ( ) Reversal or Other: 4. Previous Appeal. A previous appeal (has) 40E5\ been made with respect to this property or with respect to this decision of the Building nspector(Appeal # Year ) REASONS FOR APPEAL (Additional sheets may 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: IZZE 41W rio ' CWJ4/ en ce /V3 4 5,12,911- Po2T/oAl a F Accai / poer.pie/An- r5/xs) flu) 77f/S ,,6 Ser aloe S5' 1icc,4 1 P4 Pete RoR® -ME Pal-iiloDc - ®F:nit Ate i rte/J 1 s A Setu0 ...57een-y . 27`„ .1/4_,D ,Leda in, Ffieen /Tic` (2) The benefit sought by the applicant CANNOT be achieved by some method feasible coca for the applicant to pursue, other than an area variance, because: tr is ft Rea semi#6CE4t2 =.-sr (3) The amount of relief requested is not substantial because: it DePa Alb r" CibmiGr 73 Ewsr/,oG- o5't f Bncse-- OR- as-re/c/a ff-Nct /y.476#e.Ove. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: j r /9'P..E diet--737-7/V- iet-73i fN& /7 2s✓Y///7fR. . CwrnuCe' (5) Has the alleged difficulty been self-created? ( ) Yes, or (14-lo. 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 STANDARIare co :ted and attached. Sworn to before me this Signa 4 - of Appellant or Authorized Agent) / clay of,, !?? 200/. (Agent must submit Authorization from Owner) dnrlio 9 %r a".0.41 - Notary Public LINDAICf`iti'A4.Sz<4 ZBA App 08/00 Notary public,State of New York No.524524771 . Cuafa led in Suffolk empty Commission Expwes Nov.3O,1 Appeal Application, Continued BOARD OF APPEALS :TOWN OF SOUTHOLD COUNTY OF SUFFOLK:STATE OF NEW YORK .� �f� Application of 4S• 6 r 414191CM- in e pA peal Application (Confinued) Property ID# icoo- fit-` ®7 REASONS FOR USE VARIANCE x Continuation of Appeal Application for a Use Variance (when applicable): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Proiect is Located (please consult your attorney before completing): (1) The applicant CANNOT realize a REASONABLE RETURN because: (2) The HARDSHIP relates to 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 because: (4) Has the alleged difficulty been self-created? ( ) Yes, or ( ) No. (5)This is the MINIMUM that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety, andwelfare of the community because: (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) ZBA App 08/00 TO ,fk OF SOUTHOLD P Ot#ERTY RECORD CARD / / . AI- fit , Ed OWNER STREET • , VILLI GE DISTRICT SUB. LOT /IF jrNaefri-er /4ldru ia/A i /sec Qtil 0 v ...1c ...4 0 9^ lrs trr; sii; /---- / Jr... 61 ri: iteey /1-)71-- FORMER OWNER, N E ACREAGE r097(2 ' VUirej3.0/1 eta; 1-,W-r , S W TYPE OF BUILDING I "1 77 — 13/4 4. • ‘...) /4 1 -, tf / 2, . ; et SEAS. I VL. FARM COMM. IND. CB. MISC. r LAND IMP. TOTAL DATE REMARKS /140 / 7't e (9 9-69 (to Ar)---/- ti (/ x(, ,, ce :-/-z. - (7 (7/A ,,e 7 / 6 0 /L1óo i / 4 A , IM 6 0 76, 0 .0 /2) 0() .,r /(/1' 17/9911g,R-2 .W_&17S- 86- a956-5 4 to/ Jo i e.Tin - Ai le-- it 7 A- yid-, ititkci.e.). , efo--.fre, / - l ;), go,0 / //// 0/1,,,, . if('‘ / / ,, :2 „,),-.% -, S/s/s- r. 61 --1 7 # i. e`,,r., ,, • //Lice-442 ;2 7 6 o 13LIAING/CONIce71 iT;i0UNe''2- driloo le,A,00 - 00:„ 7,. 742 ) /77 S az D 'c/o& oo 0. EMT, I. Sm ii--2/ ro NEW se/ ct r -t, //,1,05Fael..Arl.7 _ B eFFI2Or _ , i ABOVE /LA1/4‘) e:in.,-, 2)e r 14/5-27e> s. j., e: e I / L ilK7j r .- 70 - ca,, / Li Farm Acre VcIlue Per Acre 7 Value 4/304. A If /a 767 e 0,,,,,,,,/ i,icy.,,,,c,,,,„/ ." ,/,'Npix,, e,e hc7100 ,___ 'iliable 1 1144/ /M /Alit esi)ssis or cr/s/ A ole„ // s'; e 1:' J.S; a 0 0° v''' "illable 2 set/ i 1,43 48 e /r?„,3a S e en„,d,-- (A474/ c#,c. Al c.#1,5,.. 'linable 3 - -I '71 1 ICt-r'er 2.)(;41411-2.:1/27 CePrr-0-1 l---nkiSr^l-Ccklair..4.-LM R2 7occ r 1 Voodland i_0 75Stu 06 - la 9(0- ) 117 , Fs ,6 .0 - csy4e5 1-t, 1.0itictyestel-4 cut?) wampland rushlanchra -louse Plot "ota I 7. zi ROpD /ice C U B r 1111111111111111IIt11111111Wg11. ( 7-..., DOCK ._i I b Curves — -------- 29___-- — 1 EpS�' irrB4u►ar —, _ 131 are \ h gating (fi a?lr \ s aadti 7r 20" E �l— f wood r sg°� CONC. CURB.- \ l t\ WOOD m eLo6. ME d'LlL - 11-11 WOOD aeck 136A W/sTcrs 111/4 W coo I2 a w k a (J a e O O. !28'* f y2 STORY �. 3 J ?. I 12.3'. FRAME O .� 4 N.. Q 1 N 17 iu HOUSE • 6.0' 2.2'61 tQit m „gCra k W Ct0 2 �. a x O `` T6 x 32 W p S 0. 79$' Q GROUND m O ic.2 4 o LOT NO. 4B a l� 7' PDDL cv 24 ,, .: O to M� 1:3 v� it %- 14 cc �z �h W Q d= ao �0 00 �o 3 Q DRIVEcc; GARAGE pGE g m �m Qe . 2 RAIL FE'NCEy __26.4r f 1,5 �,� HA/N UAW FENCE ''Z FD S 78° 36' 20" W SCM. 302.0tc O Ch1. J LOT NO. 49 (N/F BRAG) , Guareniers "indicated Nese on she€i Yue cd l, t.) the person tor ,her +he survey ii 5 poeci tYU co hk l tof to tha SURVEY OF • f ;:.;a, r'd SURVEYED 6 JANUARY, 1996,._. FM# 156 - i;:t tion.SCALE: 1":301 LOT 48 FILED AUGUST L6,/922 s r r +5; is AREA=41,500 S.F. (APPROX.) TAX MAP NO. /000-111-/5^07 IN a ..,..cr�,d v,...5..,c-s t ` ''''`I ownuosin. MONUMENT FOUND AMENDED MAPA, NASSAU POINT CLUB PROPERTIES,INC. ' - SURVEYED BY SITUATE Unauthorized alteration rr odditian to this GUARANTEED TO; RJ. fSAKSEN,JR. CUTCHOGUE, !OWN OF SOUTHOLD survey is a violation o` Becher 7209 of PO BOX 294 ROBERT WINCHESTER NEW 34-59K,NY.SEW,J PATRICIA WINCHESTER • SUFFOLK COUNTY, N.Y. the I�tety Yark Stade Educaiicn E,nw. (NEW S 4-5835 . TOWN ,11956 TY NATIONAL TITLE/NS CO. CITIBANK, NA. of ra o3 {r s ry Y mau of 1- ar ng TOWN OF SOUTHOLD SURVEYED FOR: ROBERT WINCHESTER• n`- - mat shau J ' PATRICIA WINCHESTER eat kis car,+s.3e+ed to ho a valid Yrun it ! oce 2 PREMISES REINSPECTED 11 FEBRUARY,1996. NO CHANGES TO PREMISES Pomp.. 2/13/96 sF N.YS. L N . 4 ¢41Ni+"it " N.Y.S. LI NG.. 452113 9649587 ADZ iy00JD ZpEGK a/ryE FS AT REAR of/louse l�23/96 —_—_ _ I / 3L1Lp COUNTY OF SUFFOLK ROBERT J GAFFNEY SUFFOLK COUNT(EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING July 3, 2001 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk 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) Lynch(Vincent Jr. & Rebecca H.) 4906 Tirado, Leonardo 4913 George L. Penny, Inc. 4948 Henry L. Ferguson Museum 4953 Mitarotondo, Anthony 4955 Lawrence (Robert R. & Kathleen B.) 4956 Winchester(Robert&Patricia) 4961 Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G\CCHORNY\ZONING\ZONING\WORKING\LD20011JULY\SD4906 JUL LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TH FLOOR ■ P 0, BOX 6100 ■ (5 16l 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 1 6) 853-4044 4 APPS` B 4,1• i,)I MEMBERS �,,•••,,,• _ l �•loO�O§VFF®��('CD ` Southold Town Hall �,��" Gerard P. Go:: ger, Chairman ���� Gy : 53095 Main Road ; c t James 0 iiizio,Jr. `�' ® % P.O. Box 1179 Lydian ortora w ' ` . ,? Southold,New York 11971-0959 Lora Collins :`� ��� ZBA Fax(631) 765-9064 z'_ George Horning ;?!'jJp! �.a��,i' Telephone (631)765-1809 ;.'"A BOARD OF APPEALS , it:iF, TOWN OF SOUTHOLD ". June 25, 2001 0 Mr. Gerald G. Newman, Chief Planner fr)i M'a,i Suffolk County Department of Planning ,,:'''''i'''''',!11.'�F,�A P. 0. Box 6100 �},jht Hauppauge, NY 11788-0099 �r, Dear Mr. Newman: `" qs Please find enclosed the following application with related documents for review ti pursuant to Article XIV of the Suffolk County Administrative Code: ; I Appl. No. —4961 Robert and Patricia Winchester . . a Action Requested: Variance for swimming pool and accessory structures ire Within 500 feet of: ,�,uar ( ) State or County Road J'i'b (X) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. tl' If any other information is needed, please do not hesitate to call us. Thank you. Kg;? VA Very truly yours, '~ 1 Gerarli. �,oe'inger Chairman B //lam. , , y. ._ ii,J.'_''. Enclosures �' s 41 l'ij k'{ gl (f{ 6 it F '1 'zIJ June 19, 2001 By Regular Mail and fax transmission 477-0973 Attn: Amy Martin Fairweather-Brown Architects P.O. Box 521 Greenport, NY 11944 Re: Appl. No. 4961 — Robert and Patricia Winchester Dear Mrs. Martin: Please find enclosed a copy of the Board of Appeals' determination rendered at the Board's Regular Meeting of June 7, 2001. Please be sure to follow-up with the Building Department and any other agency which may have jurisdiction before commencing building activities. A copy of this determinations been furnished to the Building Department for their records and update. Very truly yours, Linda Kowalski Board Secretary Enclosure Copy of Decision to: Building Department TRANSMISSION VERIFICATION REPORT'�I TIME : 06/19/2001 15: 37 DATE,TIME 06/19 15:35 FAX NO./NAME 4770973 DURATION 00:01: 41 PAGE(S) 03 RESULT OK MODE STANDARD ECM Y" (J P.0.///'S V ) � 1 FD. . CM.--\ Pr ,r4) L.... .,4 m - OP° \ 10.3' v ��GUK tS WOOD Gv FRAME �� P��\\.\--'-G 1 8.3' BLDG. FZO PO �\N Q �,\Nt) N�� �? N �oNc Cv -� Q o Z 7 \ o 0 to cDv - \ry L Q S J 1i-1 wer-" op Iv Z Z O cs w I �� 6P `} 2 ST o RY r O Q 0 /� \3 ADDFRAITIO OOANOS ON OF D RETAINING -r- ,.,, ' V� SECOND FLOOR/ WALL�‘ z = I TO EXISTING a 1 - I/2 STORY nom- $ FRAME j , ,i. HOUSE BRICK ,, l NOTE: PO' tEVERYTHING SHOWN IS EXISTING EXCEPT AS V 16'x32' LL' NOTED. IN GRND. o POOL cv PORCH RETAINING WALL BRICK 3p2.0 FENCE CORNER NORTH 0.4' -.0-CHAIN LINK FENCE END FENCE 26.4' �`- FD. NORTH 0.5' CM. FRAME 18.3' GARAGE /AY BASED ON SURVEY OF (2) 1\FENCE LOT 48 --- --- AMENDED MAP A .:,. -_ ,'F� i.tr -!->Jg�.12.CD p..F_Rr44ES..iNC. ELIZABETH A.NEVILLE % -� Town Hall, 53095 Main Road TOWN CLERK % ® P.O. Box 1179 Southold, New York 11971 REGISTRAR.OF VITAL STATISTICS MARRIAGE OFFICER :®��, ���1�, Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER V_8)- ,ss22,, .:41„.,••.„ FREEDOM Telephone (631) 7654800 FREEDOM OF INFORMATION OFFICER ------.„ _ `z�' ���� •... ..�i OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD V' cg,© t_n-, ]%����� oo� �� Southold Town ZoningBoard of TO: Appeals \% FROM: Elizabeth A. Neville, Southold Town Clerk ---- - DATED: May 16, 2001 RE: Zoning Appeal No. 4961 Transmitted herewith is Zoning Appeal No. 4961 by Amy Martin of Fairweather-Brown for Winchester for a variance. Also included is: Notice of Disapproval dated May 2, 2001; copy of Application for Building Permit; letter from Amy Martin to ZBA dated May 14, 2001; ZBA Questionnaire; survey; letter of authorization; and plans. )wn Of Southold P.O Box 1179 Southold, NY 11971 -' * * * RECEIPT * * * Date: 05/15/01 Receipt#: 2683 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 2683 Total Paid: $400.00 Name: Winchester, Robert J & Patricia H. 60 East End Avenue New York, NY 10028 Clerk ID: LINDAC Internal ID:32111 • APPLICANT TRANSACTIONAL DISCLOSURE FORM - The Town of Southold ' 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 necessary to avoid same. YOUR NAHE: Las name, first name, middle initial, unless you •are applying in the name of someone else or other entity, such as a company. If so, indicate the other person ' s or company ' s name. ) NATURE OF APPLICATION: (Check all that apply. ) Tax grievance Variance Change of zone Approval .of plat Exemption from .plat or official map Other (If "Other, " name the activity. ) Do you personally (or through your company, spouse, sibling, ' parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares., YES NO • 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 Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply ) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) ; $) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation) ; C) an officer, director, partner, or employee of the applicant; or D) the actual applicant . DESCRIPTION OF RELATIONSHIP Submitted this day of • Signatures (k) 0 La Print name R O ��� ,...... _.._ ._. .._. .__ _...__. .• - - • . ._-----....- - - ------.. •. .. FAIRWEATIIER-BROWN DESIGN ASSOCIATES,INC. P.O.Box 521 413 Main Street Greenport,N.Y. 11944 631-477-9752 (fax)631-477-0973 May 14,2001 Zoning Board of Appeals Southold Town Re: Winchester SCTM# 1000-111-15-07 Attached please find our application for an appeal to the disapproval received from the Building Department. The Winchesters have owned this home for some time and would like to expand it "up" not"out". There is a paper road which causes it to have two front yards and the current foot print set back does not meet the zoning code. As this "road frontage"is not in use, adding a second story does not affect any neighbors. Respectfully submitted, Amy M -)2416 (jin Permit Agent 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. ) HiQ . Tier eiA- ,L.,v fer-e674_, lie. die r- t c.)/AJ Cis D"e-72— B. Is the subject premises listed on the real estate market for salvor being shown to prospective buyers? ( } Yes 0/} No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there proposals to change or alter land contours? ( } Yes { No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted wi ' this application? 3 . Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains we lands or pond areas, have you contacted the Office of the To Trustees for its determination of jurisdiction? ,/ /1-- >/e__ E. Is there a depression or sloping elevation near the area of . proposed c astruction at or below five feet above mean sea level? /VO (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers, bulkheads or fences which exist anar-e not shown on the survey map that you are submitting? oN�/ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? Ari, If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? A(6 If yes, please explain where or submit copies of deeds. I. Please list present., use or operations conducted at this parcel ,5'/n�le- IIe�i e")c-_ and proposed use ,..f24.47uQ _ . t9Zd ,-; a. •riz Signature and Date 3/87, I0/90Ik 03/21/2001 10: 30 5164770573, FAIRWEATHER BROWN PAGE 01 AvnioluttzmaaN (where applicant is not the owner) 1We, _ 9 . , s.... p• . t.:._" t�, c adz. midis at ( P msr (fig ;dress) do Aeby authorize ASmy2iLlidoilin.'or other of Fairweather-Brawn Design Associate*Inc. to act as my agent to apply for all permits necessary for the proposed work to he 116 :� �o performed at G 7S' _ p� �^' Owner's sign c) 03/21/2001 10:30 516477097? FAIRWEr THER BROialJ PAGE 01 • L AllnapalZA N (where applicant is not the owner) We. RO` Z,ZCAA r1l i lo\_ Li LA/L. I.t.a it z Midi �`r (fig address) do hereby authorize ray, + or other of Fairweather-Brawn Design Associates he. to act as my agent to apply for all permits necessary for the proposed work to be perms at__...6 6 (Owner's side) Pte, , c) ._.__.__.._. (Owner's ignatare) 1812041 . -1f13471) FOR BOARD AND STAFF USE L{96/ Updated New Information 511 Ol C� ��.t4 -meal ¢ � �" r� G s/20 7770/ &„„,./ at' 114- • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of AFFIDAVIT OF (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- /// - i5- - 07 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at 1/43/8 New York, being duly sworn, depose and say that: On the 0 day of 0/ , I personally placed the Town's official Poster,with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date,which hearing date shown to be • ignature) Sworn to before me this 7 day o91.)7(-41-9- z.v i ELIZABETH A STATHIS NOTARY PUBLIC, of New York No.01 ST600817173,Suffolk County Notary ublic) v Term Expires June 8,20� *near the entrance or driveway entrance of my property, as the area most visible to passersby. SENDER: COMPLETE THIS SECTION tK•lu►lt4tr41r 1RX4Ae rrtllKl.TIVOI014:1• ■ Complete items 1,2,and 3.Also complete . Received by(Pl se Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. C(,4‘4-„u1-e! 42„4.4 OZ._ S')_ 1 ■ Print your name and address on the reverse C Signature so that we can return the card to you. • Attach this card to the back of the mailpiece, X 0 Agent or on the front if space permits. ❑Addressee D. Is delivery address different from item 1? 0 Yes 1. Article Addressed ,to: If YES,enter delivery address below: INVNo >9D61) /9� 3. Service Type "' w '? ' ❑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 Number(Copy from service label) 00 / 70000I41(-570 ;PS Forrh 3811;Jiuly11999; ` Domestic Return Receipt 102595-00-M-0952 , . UNITED STATES POSTAL SERVICE • First-Class Mail Postage&Fees Paid 1 11 11 1 USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • FAIRWEATIIER•BROWN DESIGN ASSOCIATES,INC. 413 Main Street P.O. Box 521 dreenport, N.Y. 11944 631-477-9752(fax)631-477-0973 34;;1 iii,iiiiiiiith,ii,ii i,i11imiiiiiiiiii,iili„Iliwiillmi SENDER: COMPLETE THIS SECTION �Ui�fJq*tai�11:141X01141LZL�]J»4194:x" ■ Complete items 1,2,and 3.Also complete eceived by(Pease Print Clearly) . Date o el very item 4 if Restricted Delivery is desired. 17)P ' 0 5 1 6I:t 0 1,9/ • Print your name and'address on the reverse so that we can return the card to you. C. Sign n • Attach this card to the back of the mailpiece, X ,J�/�) ��� n 1 AgentAddressee or on the front if space permits. v � D. Is delivery address different from item 1? ❑ 1 Article Addressed to. 1 l If YES,enter delivery address below: 0 No • ...4`.. ! - k' c 4 7' .-) 3. Service Type 0 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise f✓ 0 Insured Mail 0 C.O.D. 4. Restncted Delivery9(Extra Fee) 0 Yes 2. Article Number(Copy from service label) . ii, tat t tits . , ii ti tit • ttti • rtt 711 • ' tit t t t tt PS1Form 3811,JUlyt;1999; i 11 i 11 Domestic Return Receipt 102595.00-M-0952 UNITED STATES POSTAL SERVICE ® First-Class Mail Postage&Fees Paid 1 11 11 1 USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • FAIRWEATHER•BROWN DESIGN ASSOCIATES,INC. 413 Main Street P.O. Box 521 Greenport, N.Y. 11944 631-477-9752(fax)631477-0973 36:=11:=n'c'__ iiiiiiiiiilliiiiiliiithinhillidliiiihilliiil,iiiiiiiiiiii -END ': COMPLETE THIS SECTION do et 0 • Complete items 1,2,and 3.Also complete . eceived by(Please Print Clearly) B. Date f elivery item 4 if Restricted Delivery is desired. y.. .o • Print your name and address on the reverse so..that we can return the card to you. C. Si•; e '`qq • Attach this card to the back of the mailpiece, �'�� G�V 0 Agent or.on the front if space permits. 0 Addressee B. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below. 0 No 2g.---, do-- r _7i�& 0 Cert 3 Type Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ki4JC-- X4 /M ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes i i 2. A� ', . . . , iti ti' e 3t* i 'ci i I3 i ' 'c tt lit', ilii E ee�e ti it i � eel? .t ! t5 i! 1 1!i PS Fc !02595-00-M-0952 tIt`r el .14.,. ..--.-- - _______ ___,___. UNITED STATES POSTAL SERVICE �Q �; i lass–Mat os .•e-Rea _'.id S ."rmit ►+ - 0 - 30 NtiY • Sender: Please print rrtae .ddress, a 7JP+ Inttny IFAIRWEATHER•BROWN DESIGN ASSOCIATES,INC. 413 Main Street P.O. Box 521 Greenport, N.Y. 11,944 631-477-9752(fax)631-477-409 '3 rs:?.. SENDER: COMPLETE THIS SECTION KKIIMIftilalrrefE:VyalirclfflrI»Iu W • Complete items 1,2,and 3.Also complete II,eceived by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. 3-1Q 6 .Cu'IAA mi AS c/-23161 ■ Print your name and-address on the reverse so that we pan return the card to you. C. Signature • Attach this card to the back of the mailpiece, x,90/it.i. ' ❑Agent or on the front if space permits. �(%/�(l/ ressee D. I�delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: y /off <No te "ibeix,x-41--, , , „-9- i .0--qad-ite-&/e-Ge-- 3. .Service Type Y _ ,t,fc ( Certified Mad 0 Express Mail �7�legistered 0 Return Receipt for Merchandise `-117 `/QSZ) ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) • 0 Yes 2 Article Number(Copy from service label) --)QO.Ui iil1;irn iii t,-)v(.)iZiit(,p i( g ()SK is i: . i; iii - `PSi I irm 38111 ,July 1999l .` Mill....Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE First-Class Mail e 0 11 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • JAIRWEATIIER•BROWN DESIGN ASSOCIATES,INC, 413 Main Street P.O. Box 521 Greenport, N.Y. 11944 631477-9752(fax)631-477-0973 44%0S21. i„i,l„iii,,„I,I,,,i,i,,,11„l,l,,,ilil,,,i 1401 :frdillr ili4i4Ilia izi 11C� 01.11WJ1*14;d:11:%44•11110 •11104111WW iik • Complete items 1,2,and 3.Also complete MR. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. /1 c 7--r0 j • Print your name and address on the reverse P7/2I4k;;LI(C. Ssthat hi can return the card to you. Agent ■ Attach this card to the back of the mailpiece, or on the front if space permits. Addressee D. Is deljery address different from item 1? 0 Yes 1. Article Addressed to: D. YES,enter delivery address below: 0 No r \--"&14"" //)24:1114) Itef 4,"ILI XL r 3. Service Type ❑Certified Mail 0 Express Mail //j 0 Registered 0 Return Receipt for Merchandise / ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) -7oey,i -%6 Z© - c 2 —Cs l 0.9 is PSiForm 3811, ;July'19991 j i i SII '1 1 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE • 1 11 11 1 First-Class Mail • Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • FAIRWEATHER•BROWN DESIGN ASSOCIATES,INC. 413 Main Street P.O. Box 521 Greenport, I .Y. 11944 631477-9752(1ax)631-477-0973 ,' r----"n ' FAIRWEATHER-BROWN DESIGN ASSOCIATES,INC. P.O.Box 521 413 Main Street Greenport,N.Y. 11944 631-477-9752 (fax)631-477-0973 Date 4/12/01 • Adjoining lots to: Name Winchester, Drs.Robert&Patricia SCTM# 1000-111-15-07 111-15-8.1 Gerda K.Miller 168 High Pond Rd Jericho,N.Y. 11753 111-13-11 Jane Gartenberg Cummis 45 Litchfield Rd Port Washington,N.Y. 11050 111-15-6 Barbara Jane Kennedy 525 East 86th Street New York,N.Y. 10028 111-15-5.1 Thomas& Geraldine Meaney - 17 Hartland Avenue Huntington Station,N.Y. 11746 111-12-5.2 Dr. Charles Jr. & Lisa Drake P.O.Box 191 Cutchogue,N. Y. 11935 and lot ar-- `--im 19,534+-sa.ft to (Continued from previous meeting.) n ,�j` (l t(7] I (� 14,512 sq` ria=increase t 3d ' This is a requestbasefor h ding ! 1 U 7 d o frontage ___t size for the n- lotice ing lot. Both lots are improved. Department's April 12,2.,.,' .. ta- STATE OF NEW YORK) Location of Property: 1380 Village of Disapproval: (1) proposed con- Lane, Orient;Parcel No. 1000-25-1- strutinctofn20%Blot ad the overage,eArticle )SS: 27.1. 6:40 p.m. Appl.No.4954-GENE XXIV, Section is OOartl the in OUNTY OF SUFFOLK) WALKER. e is a request for a swimming poolproposed P y �rs n. � �of Mattltucki, in said Variance under Article XXIV, a side yard instead of entirely in the 1-ll Section 100-244B, based on the rear yard,Article III,Section 100-33; Building Inspector's,April 4,'2001 (3)proposed addition is requested in County, being duly sworn, says that he/she is Principal Notice of Disapproval which states this amendment at less than 35 ft. Clerk Of THE SUFFOLK TIMES,a weekly newspaper,pub- that the proposed deck addition will from the rear line, under Article be less than 35 feet from the rear XXIV, Section 100-244B. Location: lished at Mattituck, in the Town of Southold, County of property line and will exceed the 2705 Gillette Drive, East Marion; Suffolk and State of New York,and that the Notice of which maximum permitted lot coverage of 1000-38-3-18. the annexed is a printed Copy, has been regularly pub- 20%. Location of Property: 2530- Gillette Drive, East Marion; Parcel lished in said Newspaper once each week 1000-38-2-26.The lot size is approxi- for ` weeks successively, commencing mately 10,500sq.ft. 6:45 p.m. Appl.No.4959-DEN- Dn the fag day NIS AND DESIREE . Df �, , 20 0 a This is a request for a Variance, ak 1/ based on the Building Inspector's A. _te e4ep-og a CHRISSINAT.YJEBER / j April regarding 2001 Notice of Disapproval Jf ^ the is;, Notary Pubic, of New York / � �.d� regarding applicant's new dwelling No O1 W State of Builds construction,and a request to amend CuaLied in Silica County Principal Clerk Building Permit #26098 issued , Cc..-... o„Expires December 13, I October'28, 1999 for a two-story, 34•x-4?Rescheduled for July 12,2001 one-family dwelling, full cellar, 2nd by applicant's attorney. ( floor mezzanine,screened porch with 7:40 p.m. Appl.No.4906-V.and >WOm to before me this "1 20 t� arae as . YNC . This is a request for ayof �Q,{ trellis, attached three car garage Section "`` applied for. The Notice of Variances under Article III, Section Il, Disapproval states that underkArticle 100-23 and Article the WAll'ACL...., �. W /�'d'�'— III, Section `100-32, Bulk Schedule, 100-244B, based on the Building the height of one-family dwellings is Department's May 10,2001 Notice of restricted to 2 1/2 stories and pro- Disapproval for a swimming pool in a posed construction shows 3rd story side yard location and February 12, habitable space. Location of 2001 Amended Notice of Property: 1492 Skunk Lane, Disapproval for a deck addition and Cutchogue;Parcel 1000-97-3-11.8. step area at less than 20 feet from the 6:50 p.m. Appl No. 4866 - side property line. Location of NORMA MIT LER. Applicant- Property: Crescent Avenue and Owner is requesting a Special Avenue B,Fishers Island;1000-6-2-9 Exception under Article III,Section and 6-1-15,combined as one lof - 100-30A.2B and 100-31B, sub-sec- r 8:10 n p.m. ApplDI— .N N.This- tions 14A-d of the Southold Town A is Zoning Code for approval of an a request for a Variance,based on the • Accessory Use as a Bed and Building Inspector's March 26,2001 Breakfast for transient use of two Notice of Disapproval under Article bedrooms for lodging and serving of locateII,Section a t100-33, nis courtr perrmur ionn to breakfast to not more than four(4) casual,transient roomers,in conjunc- front yard area at 5700 Nassau Point tion with owner-applicant's resi- Road (and Wunneweta Road), dente. Location of Property: 12920 Cutchogue;Parcel 1000-111-12-2.1. -Main Road, East Marion; Parcel 8 8:15 p.m.aAppl. No 4961 - N- 100.031-p.m. TER• This.is a• •request for a 7:05 p.m. -Appl. No 4962 - -- ROGER J AND LESLIE WALZ. Variance, based on the Building This is a request for a Variance under Inspector's May 14, 2001 Notice of Article XXIV, Section 100-242A, Disapproval under Article.XXIV, based on the Building Inspector's Section 100-242A, which states that May 2, 2001 Notice of Disapproval the existing ack strufrom the lot line n has a noncon- regarding applicant's proposed sec- forming and story addition to existing East Club Road, and second story dwelling.The Notice of Disapproval addition shown of 36 feet,outside of states that the existing structure has a the building footprint,from front lot _-nonconforming setback of three feet line,an increase in the degree of non- LEGAL NOTICE from the easterly side lot line and 9.9 conformance.Applicant proposes to NOTICE OF PUBLIC HEARINGS feet from hehe west addit onde ofhtheasecond than 50 feet fromd as a add a e front property addition at less $O OFATOWN BOARD OF APPEALS story represents an increase in the line. Location: 6675 Nassau Point THURSDAY,JUNE 7,2001 degree of nonconformity,Location of Road, Cutchogue; Parcel 1000-111- NOTICE IS HEREBY•GIVEN, Property: 2505 Old Orchard Road, 15-7. Appl. No. 4921 - pursuant to Section 267 of the Town East Marion,NY;Pa eN�-37-4955- ORIANDERSONANDERN fown49 and and Chapter 100(Zoning)Code 7:10 p.m. -Appl. of the Town of Southold,the follow- MNRN L hFER is SUaSONq MUuestdr feque, t Hvarian es)OundApplicants er Article ing hearingnon will be heard at OLD pub- �—� lie by the SOUTHOLD Variances, based on the Building XXIII, Section 100-239.4A.1, based Notice TOWN Town all, 53095 an Road, DisapprovaApril which statesthata per- December on the B20, 2000 uilding Department's the Hall, Southold,AY.J York 11971, 1097 at the museuman building is denied for the -Disapproval, atl less than 100 feet dwelling with ' MILUDfrom afteran 30 feet noted lew(or as soon there- following reasons: (a)Section 100 32 requires a minimucle m for cothe mbinof the ed side yard seless tbacks,and possible):.m 6:30 p.m. Appl. No. 4956 - front yard setback of 60 feet;and(b) less than 40 feet from the front prop- ROBERT AND srtreSection e0Location erty:3400 AuWENCE• This a request for the that the LighhousRoad,Southold;1000 50- rease the ender rle II,Section 100-26 for a addition will nonresidential build 2-2. The Board of-Appeals will hear all LothWaiver unmerge two as parcels leg,nonconformingresulting in an increase in the persons,or their representative,desiring which have been deemedomergedoos a ing, mon ownership sa conked by the than�15�percent footprint Location more of submit written statementsrdesiring to before the mon Building Inspector's March 13,2001 Property: Equestrian Avenue, conclusion nottl earlier than above gdesigs Notice of,Disapproval under Article Fishers Island,NY;Parcel 1000-9-4- heard Files are startea earlier rreview sig- II, Section 100-25A. Location of 11.1. ingregular Town Hall business hours Property: 465 and 605 Eastwood 7:15 :•m. April. No. 4955•- (8-4 p.m.).R you have questions,please Drive, Cutchogue,and 21.NParcel No. 1000-110-3-20 MITAROTONDO:This is a request do not hesitate to call(631)765-1809. N- for a Variance,based on the Building Dated:May 21,2001. 6:35 p.m. Appl.No. are-per.— GERARD P.GOEHRINGER, _Is LD McN I_LLe This is request for _ Inspector's March 23,2001 Notice of a Variance under Article IIIA, Disapproval.Applicant is requesting CHAIRMAN SOUTHOLD wn TOWN Section 100-30A.3,Bulk Schedule of a side yard location of.an accessory BOARD OF APTEALS the Zoning Code, based on the structure instead of the required rear TOPE Hall Building Inspector's April 30, 2001 yard.Location of Property:950 Little 53095 Main Road Notice of Disapproval concerning a Peconic •Bay Road, Cutchogue; P.O. x Road 9 proposed lot line change.Applicant , Parcel 1000-111-14-15.No.4844(Amen- Southold,NY 11971-0959x7 proposes to fromt12 the to 10 +-feet d7) p.m. Appl. D BUSKARD. 1890 1Tlviv24 of one lot 122 feet to 102+-feet ded) - •/ 63/12?2001 11:13 6317659064 ZONINGAPPEALSBOARD : PAGE 03 rr ZONING BOARD OF APPEALS YORK SAY 2 4 2001 ';'f i`,ir' TOWN OF SOUTNOLD_NEW (J, _ _ _�._ x In the Matter of the Application of ----____ AFFIDAVIT • . �tOF (Name of Applicants) MAILINGS CTM Parcel#1000- - - • COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 4rn�a7 residing at ..g/tr • 5-41-114- . ?Leic2.0„,t.., - , New York, being duly sworn, depose and say that: rin , 200/ I personally mailed at the • On the � day of � United States Post Office in .tsi' , New York, by CERTIFIED MAIL, RETURN RECEIPT -y 11 U r TED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown o the current assessment roll verified from the official =..rds on file vith the (Assessors, or ( ) County Real Property Office .-�,. - " , for every property which abuts and is across a purc or private reet, or vehicular right-of- way of record, surrounding the applica4 prope lA / (Signature) Sworn to befor��7 this 200 2,f d of !!��'� • (4, .....:LT6 ELIZABETH A STATHIS NOTARY No.01 ST60081 3, Suffolk State of New York County otary Public) Term Expires June 8,20 bZ__- PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for'which notices were mailed. Thank you. IffiL91.0r4r&TA rylrrl DI .,CE-: ..l V ■ - , 0 '(Domestic:Mail Only;Mo lnsu,,:nce Coverage P -d. ul ,-9 . et • Postage $ 0.34 UNIT Ino 4944 W Certified Fee 1.10 Postmark Return Receipt Fee Here RI (Endorsement Required) 1=J0 C:1 Restricted Delivery Fee lett: / si bq ` p (Endorsement Required) -' � • Jr ��3,7fr 1.%., Total Postage&Fees $r— Q `z:t- cr { aSent Fn Q/ f'/�/Lr?�t�. qJ • '� \c 0 a nt � O Street,Apt iyo,orP`B, ,No gr 4i- JNJ [[c3 CityAtate,ZIPt4, / Q // .5- PS(Porm 3800,May 2000 U See Reverse for ns roc_ Certified Mail Provides: , • A matli eipt !: ■ A uniqu niter for your mailpi • A signature upon delivery ' - • ■ A record of delivery kept by the Postal Service for two years - Important Reminders: ' • Certified Mail may ONLY be combined with First-Class Mail or Priority Mail • Certified Mail is not available for any class of international mail. • • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For, valuables,please consider Insured,or Registered Mail 7_ • For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the' fee Endorse mailpiece 'Return Receipt Requested" To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. • For an additional -fee, delivery may be restricted to the addressee Cr addressee's authorized,agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery" • - ■ If a postmark on the Certified Mail receipt is desired,please present the aril - 1 cle at the post office%for postmarking. If a postmark on the Certified Mail Nreceipt.is not.neededfdetach and affix label with postage and mail -- IMPORTANT:tSave this receipt and present it when making an inquiry. _ PS Form 3800,May 2000(Reverse) 102595-99-M-2087 U.S. Postal - CERTIFIED MAIL B.ECEIP "— - _. (Domestic,Mail gniyAlVo lepillece Defferage,P ci 17-`7, l'f ...1 Ef---4 )( ,i1„1 r ci 110J0i IF 11 0 ''-.7 II i.', ',_—. 1.:..'i r:3` r-1 Postage $ 0.34 UNIT ID; 0944 03 Ert Certified Fee 1 i,90 t. s mar ts, RI Return Receipt Fee 1.50 (Endorsement Required) o I=1 Restricted Delivery Fee lerk10,4X117 _, '"2 1:71 (Endorsement Required) ) OI . 45/4/00- Total Postage&Fees $ 374 Sent .-q I= Street,Apt No r PO x No r.! City,Stir,ZIP+4, / '... / .// PS..orm 3800,May 2000 c''''. See Reverse for Instructions Certified all Provides: • A malt eipt IIIA uniq ,ntifier for your mailpiece • A signature upon delivery • • A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. • Certified Mair is not available for any class of international mail. • • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail For- valuables,.please consider Insuredf•or Registered Mail - ■ Foran additional fee a Return Receipt may be requested to provide proof of delivery"To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 381-1)to the article and add applicable postage to cover the- /fee Endorse mailpiece,!Return Receipt Requested" To receive a fee waiver for r a duplicate return receipt,a USPS postmark on your Certified Mail receipt is; required. �i For an additional fee,'delivery may-be restricted to the addressee or addressee's authorized agent Advise the clerk or mark the mailpiece with the. endorsement"Restricted Delivery" • If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,May 2000(Reverse) 102595-99-M-2087 U; . -osta CERTIFIED MAIL RECEI " (Domestic Mail OnlypNo Instance Coverage P OM ru , . IT' I's- in PI.' if p c !I ,,F ri_ ri 11 im 10028) u c 11 \-7 LI J'"--' ,--q Postage $ 0.34 UNIT It 0944 mil , 43, Certified Fee 1.90 FL/ Return Receipt Fee 1.50 ' (Endorsement Required) ere C:1 al Restncted Delivery Fee le k: rn L:3 (Endorsement Required) .eS Total Postage&Fees $ , '''1' _13 Sent To ,--1 al Street,Apt No,ori2X...e...tc No i‘ (=t City,State,ZIP+4 P- , PS Form 3806',May 200V ••=2117173. rilamtz Certified ail Provides: _ • A math eipt Iv • A unigntifier for your mailpiece IIIA signature upon delivery o - • A record of delivery kept by the Postal Service for two years Important Reminders: .... • Certified Mail may ONLY be combined with First-Class Mail or Priority Mail r • Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail For- valuable's^please consider Insured or Registered Mail _ II for an.additional:fee,a Return Receipt may be requested to provide proof of delivery To obtain Return Receipt service,please complete and attach a Return Receipt(PS.Fdrm'3811,to the article and add applicable postage to cover the' r -fee Endorse mailpiece{'Return Receipt Requested".To receive a fee waiver for ,- al duplicate return receipt,a USPS postmark on your Certified Mail receipt is, ' required ; • For an additional fee,' delivery may be restricted to the addressee ot- addressee's authorized agent Advise the clerk or mark the mailpiece with the', endorsement"Restricted Delivery" - • If a postmark on the Certified Mail receipt is desired,please present the arti-' cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail IMPORTANT:Save this receipt and present it when making an inquiry.,-;- PS Form 3800,May 2000(Reverse) 102595-99-M-2087 U.S: Postal Sery CERTIFIED MAIL RECE (Domestic Mail Onlyss No lns6ance Coverage`P 116 — .-9 1174 P r if ii f �f !tv. .;-) 1,—, Postage $ 0.34 UNIT In: 0944 43 c17 Certified Fee 1.90 Postmark fLl Return Receipt Fee 1.50 Her (Endorsement Required)CI b Or I:3 Restricted Delivery Fee r e;4... KWX 3 7 C3 (Endorsement Required) 7 al Total Postage&Fees 74 l�J/.3i �G Es- pQ Street,Apt N r o No _ City,Stat,Zl • �/ f/7 /i J i PS Form 38d0,May 2030 • gee Reverse for tnstr' «Wiz Certifie ail Provides: isA malt eipt • A uniqu entifier for your mailpiece • A signature upon delivery • A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First-Class Mail or Priority Mail • Certified Mail is not available for any-class of international mail IN NO INSURANCE COVERAGE-IS PROVIDED with Certified Mail For valuables,please consider Insuredor Registered Mail • For an additional fee,a Return Receipt may be requested to provide proof of delivery"To obtain Return Receipt service,please complete and attach a Return Receipt,(PS Form 3811)to the article and add applicable postage to cover the' fee'Endorse mailpiece'Return Receipt Requested" To receive a fee waiver for=, a,'duplicate.return receipt,a USPS postmark on your Certified Mail receipt is, required ' • For 'an additional fee, delivery may be restricted to the addressee or addressee's authorized agent Advise the clerk or mark the mailpiece with the' endorsement"Restncted Delivery" • If a'postrrark on the Certified Mail receipt is desired,please present the arti- cle at•tbe jpost'office for postmarking If a postmark on the Certified Mail. receipt isnot needed,detach and affix label with postage and mail IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,May 2000(Reverse) 102595-99-M-2087 U.S. Postal,Se IC - CERTIFIED MAIL. RECEIP (Domestic Mail'OnlypNo.Inst ance Coverage P 111— fir-,`i (`" ,-., 11,, )t n i .�.4 k—, a 11935 t' l' 11 , � ,r, -1--, !1>> Postage $ 0.34 UNIT ID: 0944 .ro Certified Fee -LI 1.90 Postmark Return Receipt Fee Here (Endorsement Required) _ v O Restricted Delivery Fee Clerk° v, 7S O (Endorsement Required) SaSn Total Postage&Fees $ 3°74 P_II ,, i 0 \ l� 116 a Sent j2J��,✓moiw`"— 4 d]/1 eeb) )....O Street pt N0 o„pr PO Bo 7lo - f GI r�4"�//'�l'/ fi_ 0 City,�:te, 1P+4, J!, 2 l� PS Form 3800,May:MO l . •,-everse for I r' iC» Certified ail Provides: • A made .eipt ■ A uniq ntifier for your mailpiece •,A signature upon delivery • A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First-Class Mail or Priority Mail • Certified Mail is not available for any class of international mail. N NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or,Registered Mail. _ IN For an additional fee,a Return Receipt may be requested to provide proof of delivery To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee Endorse rnadpiece 'Return Receipt Requested" To receive a fee waiver for, a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. • For,+an,additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the" endorsement"Restricted Delivery" II If a,fiostmark on the Certified Mail receipt is desired,please present the anti- cle',at'the post office for postmarking If a postmark on the Certified Mad receipt i`ot needed,detach and affix label with postage and mail. - IMPORTgiT,Sa ie this receipt and present it when making an inquiry. - PS Form 3800,'May 2000(Reverse) 102595-99-M-2087 FAIRWEATHER-BROWN DESIGN ASSOCIATES,INC. P.O.Box 521 413 Main Street Greenport,N.Y. 11944 631-477-9752 (fax)631-477-0973 Date 4/12/01 Adjoining lots to: Name Winchester, Drs.Robert& Patricia SCTM# 1000-111-15-07 111-15-8.1 Gerda K. Miller 168 High Pond Rd Jericho,N.Y. 11753 111-13-11 Jane Gartenberg Cummis 45 Litchfield Rd Port Washington,N.Y. 11050 111-15-6 Barbara Jane Kennedy 525 East 86th Street New York,N.Y. 10028 111-15-5.1 Thomas& Geraldine Meaney 17 Hartland Avenue Huntington Station,N.Y. 11746 111-12-5.2 Dr. Charles Jr. & Lisa Drake P.O. Box 191 Cutchogue,N. Y. 11935 ZONING BOARD OF APPEALS ` SOWN OF SOUTHOLD', 53095 MAIN ROAD SOUTHOLD , NY 11971 - 0959 ( 631 ) 765 - 1 809 • FAX ( 631 ) 765 - 9064 FACSIMILE TRANSMITTAL SHEET TO: FROM: ZBA OFFICE STAFF 765-1809 rit4MCM- . COMPANY: ��� ) DATE: A/414/XJ 570114 FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: Y-77- 077'0 7 NOTES/COMMENTS: ('I" TRANSMISSION VERIFICATION REPORT S � TIME : 05/21/2001 12:12 DATE,TIME 05/21 12:08 FAX NO./NAME 4770973 DURATION 00:03:43 PAGE(S) 08 RESULT OK MODE STANDARD ECM OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631) 765-1809 fax (631) 765-9064 May 18, 2001 Re: C -pter 58— Public Notice for Thursday, June 7, 2001 Hearings lr> c -J ..1 •/I�I Dear ' • adam: 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 Tuesday, May 29th, 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 May 31, 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 June 4th, 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. At or before the hearing on June 7th, 2001, 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. (If the metal stands are returned to our office, your deposit will be returned.) 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 IIIInsmINIMmi "Mil....111.0 ....11.0.W. .M=NO gl 1 4 ..1,. T the Southold town Appeals 'board at Town Hall midi New York , concerning this property „..., .t. ______ _ , - R • : -_,1 -R . & P . WINCHESTER • , VARIANCE FOR2ND • ,i WE STORY ADDITION p iftit INCREASE OF- NONCONFORMANCE 10 : , , 1000 . w _ 15-7 , NG : _ JUNE 7TH - 8 : 15 P . M . - -- - - - - --- - - - ,,: : j Southold Town B d of Appeals -14- OctobE - 3 , 1985 Regular Meeting (Appeal No . 3386 - NICHOLAS TSIRKAS , continued : ) Soil and Water Conservation District and the U . S . Department of Agriculture , Soil Conservice Service Department , that by locating the dwelling 35 feet from the edge of the bluff, during heavy rains the soil will become saturated and this and additional weight may cause the face of the bluff to slide , endangering the dwelling , as well as any other structures . (See letters dated September 30 , 1985) . In considering this appeal , the board finds and determines : (a ) that this proposed is not consistent with those generally exist- ing in the neighborhood since the existing dwellings are set back substantially farther from the bluff; (b ) the relief requested is substantial in relation to this zoning requirement , being 65% of a variance ; (c ) that by allowing the variance as applied , there will be a substantial change in the character of the district since it would set a precedent ; ( d ) that the safety of the occupants of the dwellingas proposed will be endangered; (e ) that the interests of justice will not be served by allowing the variance as applied . Accordingly , on motion by Mr._ Douglass , seconded by Mr . Grigonis , it was RESOLVED , that the relief requested under Appeal No . 3386 for a setback of 35 feet from the bluff area along the Long Island Sound in the Matter of the Application of NICHOLAS TSIRKAS , be and hereby IS DENIED WITHOUT PREJUDICE . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent . ) This resolution was adopted by unanimous vote of the members present . PENDING DECISION : Appeal No . 3394 : Application of STEVEN EGGERS , 6675 Nassau Point Road , Cutchogue , NY for a Variance to the Zoning Ordinance , Article XI , Section 100- 119 . 2 (B ) for permission to construct bath- storage structure with an insufficient setback from the landward edge of tidal wetlands (or ordinary highwater mark ) , at 6675 Nassau Point Road , Cutchogue , NY ; Nassau Point Filed Map No . 156 , Lot 48 ; County Tax Map District 1000 , Section' ill , Block 15 , Lot 7 . Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on September 12 , 1985 , in the Matter of the Application of STEVEN EGGERS , Appeal No . 3394 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question and the surrounding area ; and- WHEREAS , the board has considered all testimony and documentation submitted concerning this application ; and it is noted for the record that there has been no oublic nnnncitinn • And - Southold Town Bo _, f of Appeals -15- OctobE 3 , 1985 Regular Meeting (Appeal No . 3394 - STEVEN EGGERS , decision , continued : ) WHEREAS , the board made the following findings of fact : 1 . By this application , appellant requests permission to locate a 12 ' by. 16 ' accessory storage building which will be used incidental to the residential use of the premises for storage of outdoor beach , boating , fishing and similar items . 2 . The accessory building is proposed to be located a minimum of 25 feet from the northerly property line and along the upper bulkhead , which is at an elevation of 50 feet or more above mean sea level and is shown to be approximately 14 feet landward from the lower bulkhead , upon which existed previously a 15 ' by 15 ' storage structure . 3. The parcel in question is located in the "A-40" Residential and Agricultural Zoning District , contains an area of 41 ,500 sq . ft . and is known as Lot No . 48 on the- "Amended Map A, Nassau Point Club Properties , Inc . , " identified on the Suffolk County Tax Maps as District 1000 , Section 111 , Block 15 , Lot 7 . 4 . Existing upon the premises are a 12-story frame house accessory swimmingpool , and accessory garage , all as shown on survey amended June 22 , 1984 , prepared by Roderick VanTuyl , P . C . J 5 . Article XI , Section 100-119 . 2 ( B ) of the Zoning Ordinance restricts structures proposed on lots adjacent to tidal water bodies to be set back not less than 75 feet from the ordinary highwater mark of such tidal water body , or not less than 75 feet from the landward edge of the tidal wetland , whichever is greater . 6 . It is the opinion of the board that the building loca- tion proposed is not unreasonable , particularly since there are bulkheads seaward`• of this proposed location and since the eleva- tion is more than 50 feet above mean sea level . In considering this appeal , the board finds and determines : (a ) that the relief requested is not substantial under the circumstances ; ( b ) that by allowing the variance as condition- ally noted below , there will not be a substantial change in the character of the district ; (c ) that the safety , health , welfare , comfort , convenience and order of the town will not be adversely affected by the proposed business use and its location ; ( d ) that the circumstances are unique ; (e ) that the interests of justice will be served by allowing the variance as conditionally noted below . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Sawicki , it was RESOLVED , that permission to locate a 12 ' by 16 ' accessory storage building BE AND HEREBY IS APPROVED in the Matter of } Southold Town Board of Appeals -16- October 3 , 19-6i5 Regular Meeting (Appeal No . 3394 - STEVEN EGGERS , decision , continued : ) Appeal No . 3394 , in the Application of STEVEN EGGERS SUBJECT TO ' -) THE FOLLOWING CONDITIONS : 1 . That the accessory structure only be used for storage and not contain any plumbing or extensive electrical facilities ; 2 . That the accessory structure be a minimum of three (3 ' ) feet from the upper bulkhead shown on the survey amended June 22 , 1984 , prepared by Roderick VanTuyl , P . C . and 25 ' minimum from the northerly property line ; 3 . There be no lighting which will be adverse to other properties . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent due to weather conditions . ) * * * PENDING DECISION : Appeal No . 3390 : Application of RICHARD AND DIANE ALLEN for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for permission to construct new one-family dwelling with an insufficient rearyard setback. i 1 Location of Property : Private right-of-way located off the South Side of Indian Neck Road , Peconic , NY ; County Tax Map District 1000 , Section 98 , Block 5 , Lot 17 . 2 ; Lot #3 of Minor Subdivision No . 141 approved 11 -27-78. Following deliberations , the board took the following action : WHEREAS , a public hearing was held and concluded on September 12 , 1985 , in the Matter of the Application of RICHARD AND DIANE ALLEN , Appeal No . 3390 ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question and the surrounding area ; and WHEREAS , the board has considered all testimony and documentation submitted concerning this application ; and it is noted for the record that there has been no public opposition ; and WHEREAS , the board made the following findings of fact : 1 . By this application , appellant requests permission to locate a new single-family dwelling having an insufficient rearyard setback from the easterly property line at 46 feet . I 1 I 1- 074,/ 0.,(A4A ,c Southold Tow L -crd of Appeals -22- May �; 1980 lots, smaller than the zoning. Some of the them the Board has granted as low as 13 , 700 square feet. Others are larger depend- ing on the size and the nature of the property. The Board has to look at each particular parcel in question to come up with . what would be an equitable solution, and I think one of the things, the main thing you have to consider is the neighborhood, the entire neighborhood in that area and what the size of the parcels are and what you're faced with. We're not dealing with farm fields or we're not dealing With property as I submitted to you earlier on the south side of Peconic Bay Boulevard it is different in character than the properties on the north side of the Boulevard. By virtue of historical development of the area, and at that particular area right on down the line to Bay Avenue in Mattituck. MR. CHAIRMAN: Thank you, Mr. Lark. MEMBER DOUGLASS: I would like -to make a motion that we close the hearing and reserve decision. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that the hearing be closed and the Decision be RESERVED until a. later time in the matter of GEORGE R. and HARRIET J. TIEBEL, Appeal No. 2688 . Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill and Goehringer. Absent: Messr. Doyen. The Chairman called a recess between 9: 15 and 9 :20 P.M. * * * PUBLIC HEARING: Appeal No. 2690. Application of STEPHEN EGGERS, Nassau Point Road, Cutchogue, New York for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permis- sion to construct swimming pool in sideyard area. Location of property: 6625 Nassau Point Road, Nassau Point, Cutchogue; bounded north by East Club Road, west by Nassau Point Road, south by Brac, east by Peconic Bay; County Tax Map Item No. 1000-111-15-7; also known as Nassau Point Club Properties Lot No. 48 . The Chairman opened the hearing at 9: 21 P.M. by read- ing the application for a variance, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15. 00 . MR. CHAIRMAN: Is there anyone here who wishes to speak regarding this application? (There was no response. ) • Southold Town Board c_ Appeals -23- May 1, 19f MR. CHAIRMAN: We have copies showing the proposed 1 1 swimming pool for the sideyard area. The map shows it to be about three feet from the side. It appears to be too close because the neighbor' s house is only about 15 feet from' the property line there, too, so that would bring the swimming pool about 17, 18 feet from the neighbor' s windows. After investigation and inspection, the Board finds that applicant is requesting permission to construct swimming pool in sideyard area due to the reason the house is constructed too close to cliff on the bay and no other location is suitable. Upon inspection of the premises, the Board has found that the premises contains 41, 500 square feet, and that there is an acces- sory building (garage) located in the frontyard area off Nassau Point Road. The Board feels there is adequate : area in which to construct the swimming pool other than -in the sideyard area as requested. Therefore, the Board does not agree with the reasoning of the applicant. The Board finds that the circumstances present in this case are not unique, and that strict application of the ordi- nance, would not produce practical difficulties or unnecessary hardship. The Board believes that, the granting of a variance in this case will change the character of the neighborhood and will not observe the spirit of the ordinance. _ On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that STEPHEN EGGERS , Nassau Point Road, Cutchogue, New York, in Appeal No. 2690, be DENIED WITHOUT ' PREJUDICE permission to construct swimming pool in the sideyard area as requested. Location of property: 6625 Nassau Point Road, Nassau Point, Cutchogue, New York. County Tax Map Item No. 1000-111-15-7. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill and Goehringer. Absent: Messr. Doyen. * * RESERVED DECISION: Appeal No. 2691. Application of SAMUEL B. PRELLWITZ , Indian Neck Lane, Peconic, New York for a Variance to the Zoning Ordinance, Article III , 'Sec- tion 100-30 for permission to construct second dwelling on single lot. Location of property: South side of Indian Neck Lane, Peconic, New York; bounded north by Indian Neck Road, west by Cukor and Fischer, south by Peconic Bay, east by Indian Neck Lane (Road) and Adams. County Tax Map Item No. 1000-86-7-7 . 41,1h10"6ii Southold Town L___rd 'of Appeals ,-78- ne 12, 1980 , * ' * On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the next regular meeting of this Board be scheduled for Tuesday, July 1, 1980 and 7:30 o 'clock p.m. , and that the following appeals be scheduled and advertised for public hearings to be held on said date: 7: 35 p.m. Appeal No. 2708. Louis & Carmela Ramunni. 7:40 p.m. Appeal No. 2711. William H. Gaffga. 7:50 p.m. Appeal No. 2709. Herbert W. Wells, Jr. 8 :10 p.m. Appeal No. 2710. Dolores Strong, by R. Cron. 8:25 p.m. Appeal No. 2712. Sacred Heart Church. 8 :35 p.m. Appeal No. 2713 . Susan Hallock. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tut- hill, Douglass and Goehringer. * * * On motion by Mr. Douglass, seconded by Mr. Tuthill, it was RESOLVED, to approve the following sign renewal requests for a period of one year from the expiration date noted thereon, SUBJECT TO THE FEDERAL HIGHWAY BEAUTIFICATION ACT AND FUNDING LAWS FOR HIGHWAYS, IF APPLICABLE: Appeal No. 1088 - Walter Teresko Appeal No. 2444 - St. Peter' s Lutheran Church Appeal No. 2445 - St. Peter' s Lutheran Church Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tut- hill, Douglass and Goehringer. * * * RESERVED DECISION: Appeal No. 2707. Application of STEPHEN EGGERS , Nassau Point Road, Cutchogue, New York for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimmingpool in side and frontyard areas. Location of property: 6625 Nassau Point Road, Cutchogue., New York; bounded north by Nassau Point Road, east by Peconic Bay, south by Brac, west by Southold Town _ Lrd of Appeals -79- _..eine 12, 1980 ) Nassau Point Road. County Tax Map Item No. 1000-111-15-7. Member Douglass offered a resolution approving the variance as requested inasmuch as it was his feeling that the topography of the land is causing a practical 'diffi- culty or hardship for applicant, limiting the area in which to place the pool. Mr. Douglass' resolution was not seconded. Motion was made by Mr. Grigonis, seconded by Mr. Geohringer, to DENY the subject variance, and the fol- lowing are the findings and determination of the Board: Appellant has appealed to this Board seeking a variance to permit the construction' of a swimmingpool, a permitted accessory use (l00-30C.[2] ) in the sideyard area rather than in the rear yard as required by Section 100-32 of the Zoning Code. The premises in question is a parcel of land located on the easterly side of Nassau Point Road (Suffolk County. Tax Map: District 1000, Section 111, Block 15, Lot 7) , having an area of 41,500 square feet and bounded northerly by East Club Road (an unimproved paper street) 310 feet, more or less; easterly by Little Peconic Bay 152 feet, more or less; southerly by Tax Map Lot No. 8, 305 feet, more or less; and westerly by Nassau Point Road 105 feet, more or less. There is presently erected on the lot a private one-family dwelling and a detached private garage. The dwelling is set back approximately 128 feet from Nas- sau Point Road. Appellant previously applied to this Board to locate a swimming pool in the side yard between the dwelling house and the southerly lot line (Appeal No. 2690) , which was denied. The principal difference between the present appeal and the prior appeal is that in the present appeal appellant proposes to locate the pool approximately 20 feet west of the previous location, thus it would be partially in the southerly sideyard area and partially in the frontyard area. Appellants' house is so situated on the lot such that the width of the southerly side yard is approximately 30 feet, and the width of the side yard to the north of the house to the southerly line of East Club Road (an unim- proved paper street) is approximately 40 feet. Appellant in his appeal has set forth the reasons for locating the pool as applied for rather than in the rear yard. Southold Town Board `�._ Appeals --80- `J 12, 1980 ' . ' P J All of the members of this Board have visited the site and _J are familiar with all of the structures located thereon, as well as all vegetation, terrain and the bluff adjacent to Little Peconic. Bay. • The pool is to be 32 feet in length and 16 feet in width, exclusive of aprons. A 5-foot apron is proposed along the southerly side of the pool, which will be five feet from the r southerly property line (land of Brac) .t Accordingly, the actual pool will be 10 feet from the Brac property line. At the hearing, appellant called Arthur Siemerling, his pool contractor, and Peter Sterling, a landscape contractor, as his witnesses. Mr. Siemerling testified that there was • a distance of 26 feet from the rear porch to the edge of the bluff, and that to locate the pool between the rear porch and the bluff would be too close .to the edge of the bluff and would cause disturbance of natural growth on the slope of the bluff. He further testified that to locate .. the pool in the rearyard area would possibly disturb vege- tation on the slope of the bluff and therefore cause it to erode. The principal objector to the proposed location of the pool is Mr. Leo Brac, the abutting property owner, on the South. Mr. Brac stated that he suffers from skin cancer , which requires him to minimize exposure to the sun and thus • requires that he remain indoors and that his den and porch are adjacent to the appellant' s proposed pool. Mr. Brac also produced a real-estate broker, who testified that the location of the pool as proposed by appellant would cause a devaluation of $35,000 to the Brac property. Mr. Brac also produced Mr. Karl Bonawandt, a swimmingpool contractor who testified that he could locate the pool in the rear yard • area between the rear of the house and the bluff with no detrimental effect to the bluff area. Mr. Bonawandt further testified that he could also locate the pool in the north side yard with minimal removal of vegetation. Mr. Behrmann, a neighbor, testified that the entire shoreline was eroded in the 1938 hurricane, and thereafter a bulkhead was con- structed along the shoreline and that since that time the shoreline in the vicinity as well as the bluff experienced no erosion. This appeal being an area variance, it' s incumbent upon- the ponthe appellant to prove that a literal application of the Zoning Code would result in practical difficulties. Appel- lant is not required to prove unnecessary hardship as is the case in a use variance. .The courts had held that in determining the question of "practical difficulties, " a board of appeals should consider: N , Southold Town l rd of Appeals -81- . June 12, 1980 (1) how substantial the variation is in relation to the requirement, .(2) the effect if the variance is allowed, of the increased population density thus produced on available governmental facilities, (3) whether a sub- stantial change will be produced in the character of the neighborhood or a substantial detriment to the adjoining properties created, (4) whether the difficulty can be obviated by some method feasible for the applicant to pursue, other than a variance, and (5) whether in view of the manner in which the difficulty arose and consider- ing all of the above factors, the interest of justice will be served by allowing the variance. Applying the above factors to this case, the Board finds and determines that the variance requested in relation to the Code requirements is substantial; that if the variance is granted, a substantial detriment to adjoining property will be created; that the difficulty can be obviated by a method feasible to the appellant other than a variance; and that considering all of the above factors, the interests of justice will be served by denying the variance applied for. Accordingly, the variance is denied. • Vote of the Board: Ayes: Messrs. Grigonis, Tuthill, Goehringer and Doyen. Nay: Messr. Douglass. Being that there was no further business to come before the Board, the meeting was declared adjourned. Respectfully submitted, NOT OFFICIAL UNTIL -FORMALLY APPROVED Linda E. Kowalski Secretary Oft/1AV( t ,frO . I 2 3 4 5 6 7 8 9 1 0 II 1 2 1 3 1 4 1 5 I G 1 7 ISSUES/REVISIONS '0 IAco N' 1\ II n n III , N' vt 1 rn " V p t / ':::''''''W .. NJ„,........ J / .. _.,,,,,, ,,,,,_ - e �- N f I rs1 ., . .. , ., ,, ., , . , ,,, , . © G , . . , ,,, , •• . . ...., ,,, ,_. _ . . -- 1! . , 1 E r- r..4 r.- ��.. r t,_.•„ -C-2001 ALL RIGHTS RESERVED rt 1 THESE PLANS ARE AN INSTRUMENT OE rt� SERVICE AND ARE THE PROPEP,TY OE THE ARCHITECT. INFRINGEMENTS WILL • w BE PROSECUTED. _, r-- ! • - I-1 -- 0 tir ► r '4 E � it r--, i . . tc-- rte, E 0 CLIENT/OWNER e r 1 �o• � i —4 / zr•-.‘----:, , r--... E1 := r'f'' DRS. WINCHESTER, • ` D 6675 NASSAU POINT RD. _” NASSAU POINT, N.Y. i _ - - ---- I r , r ,....--1PROJECT TITLE -- ►-- ,11 r r% C it, .i._, _.,, RENOVATIONS r----, DRAWING TITLE I P.... - - _ NOR�Th SOUTH ELEVATIONS H rr� C SCALE ------ - --- ----- MAY SC t - - - - ---- - ------- --- r 14 2001 15 - 1 I-4" = I' 0' T r,,,, APR. 20. 2001 r . DRAWING NO. r-•-+ IT IS A VIOL4T ON OF THEED AR tii C""'; LAS MI a.l 'a'PERSON, •c-F, C T .. lk."�i-.ESS.ACTING UNDER THE �� �0 1.13% ssc, C C t•-,, C'i iO° OFA LICENSED i Cr 2 r.." / A 10E C I,TO ALTER ANY `' r c rlM ON THISDRAWING IN * moi..— ,�J , t --- �4'<`Y 1►41,�,Y.ANY AUTHORIZED rif#1.''.;:`-..,... -o� �' zP.�JERATION MUST BE `�; �, /^�. NOTED,SEALED,AND DESCRIBED IN ACCORDANCE a,4_, NE,4 � F • WITH THE LAW. �, FLIT. NO. r 001 7 1 2 3 4 5 G 75).., 3 1 0 I I 1 2 1 2 I - 1 5 JG 1 / . ,�,,., L`, I FTV.TIONJ5 m '7" r. 1.; �- 1•\„. I .— • NI I f--:°^ ,,,. r ,� • J NI k--'C F---d r e 2, c., woeDOCS r I 1 FD. 1_---- rp.R CM. F ' m -----1, \\ ,-,..,- p ? rr �w ) 10.3' F.. _, F" P � I� C\O -5 WOOD `Gv�pP FRAME \ � :� IB.� BLDG. � r c) \,\\ tp / a- � - r pPLSQ ui iii. C C\-)'- - k 4\___4,.----4\ oz ` U �- Q , 0 O F... H, �L *V- C) V- 7-1 � � 2001 u_s // � ;. ALL F'IGr'TS RESFF:VED r L. 1cD L w 1 �� THESE PLANS APE AN INSTF't1�.�EFdT O` - ui = is O SEF'VICE AND APE THE FR.O`'r r"O` L° L �� THE AF'CNITECT. IF',INC_Et`.,41-_T`00 WILL L\3�P, 2 STORY - FSE F'R03ECUTED, FRAME PROPOSED ' i V r---i RETAINING � � � -� . 1-:: ADDITION \ EXPANSION OF WALL � FD. ��G�oS 2 O SECOND FLOOR t oz z. �. CM. TO EX,STIIJG _--- - -- w CS te'm'cA 1 - 1/2 STORY I�'-o" U FRAME C- g!--1� • HOUSE P ICK NJ I , Qw vz` NOTE: EVERYTHING SNOVIS tu EXISTING EYCET AS NOTED. POR TOS REB 16'x32' wO 6 '' t C ►./ --- 11111 — Q v IN GRND. POOL o 6 '4 E O N PORCH 1". • iLl C RETAINING 1 oz a Z w II WALL \ „) c Ct ITNT/O'ti'PJEF', a. O � 0 - tn 7 \li 30 BRIC o r z "J FENCE CORNER ~�' a NORTH 0.4' -- ___•_\____----' CHAIN LIN`: FENCE ® r--e Q O "y-` n 0 ® , -- END FENCE ';� DRS. WINCHESTER n I 2 6.4' NORTH 1 0.5' r-'� } FD. - GG75 NASSAU POINT D. F� Z yl 'l CM. NASSAU POINT, N.Y. FP,AME 18.3' f"."7▪ .4 GARAGE DRIVEWAY BASED ON SURVEY BY O STANLEY J. ISA 5EN, JR. in - (2 (JAN. OG, 1 SSG) T ; Co - ) rZAtt �FGE R FOLOT 4o z 63G,2O° �/ AMENDED MA.P A k 4 PROJECT TITLE57NASSAU POINT CLUB PROPERTIES, INC. - FD. WINCHESTER RESIDENCE CM. TAX MAP NO. 1000- I 1 1 - 15-07 �--r C AREA = 41 ,500 S.E. (A.PPROX.) e r' RENOVATIONS SCALE 1 " = 20' 0" cry ■ = MONUMENT FOUND r-� r - c; r ; DF'.AWING TITLE tw.. --d f 1 ' SITE PLANS ' Uzi C'}2P7 #i/9:41 -/-0-(//77,)/ SITE PLAN I . DATE scALE e MAY 14 2001— I" = 20' 0 SCALE : I"= 20' 0" -% - -- r I r,--1 AFT.. 20• . 2001 rw , DP!'A'ING NO. RIS A.VIOLATI elk 0E0E,v°FINE ? .D ARCC,� . .. e-- LAW FJF3ANY1�E 113C3NrN+pEr�sn �g�'�c I.BRp Tcci UNLESS ACTIr E'I THE 79 riE C4 4 �' - • DIRECTION OF*LfCENSED ' -.1:D . ', r ARCHITECT,T( ALTER ANY '''-'1' -(,'• _ * € . • ITEM ON THIS AWING IN ':D r" ANY WAY.ANY AUTHORIZED AV ‘:\':'_--`. 4 ALTERATION o r BE I v, to, �, NOTED,SEAL D,`LND• �C �/��`�� 63�` p r.-.._.. DESCRIBED IN ACCORDANCE (r �; 'T OF NE- r,,.-a FIEF. NO. WITH THE LAW. F --�e 00 17 I ' tl