Loading...
HomeMy WebLinkAbout4468 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dirdzio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF APRIL 10, 1997 RESOLUTION CONFIRMING ALSO ADOPTED APRIL 24, 1997 Appl. No. 4468 - MATTHEW and LAURIE DALY PARCEL 1000-115-14-12 STREET & LOCALITY: 2505 Deep Hole Drive, Mattituek DATE OF PUBLIC HEARING: April 10, 1997 PROPERTY DESCRIPTION: This property is located in an R-40 Zone District, being situate on the northerly side of Deep Hole Drive, Mattituck with 150 ft. road frontage. This lot contains a total area of 22,500 sq. ft. as depicted on the December 15, 1993 map under this application and is improved with a two-story, single-family dwelling with raised deck, accesory shed and inground swimming]pool (a portion of which was designated side yard after the construction of the new deck at the rear of the dwelling.) BASIS OF APPEAL: Building Inspector's Action of Disapproval dated March 17, 1997, which reads as follows: under Article III, Section 100-33 "...In an R-40 Zone accessory buildings and structures or other accessory uses shall be located in the required rear yard. Article III, 100-33, action required by the Zoning Board of Appeals .... " /XRF. A VARIANCE RELIEF REQUESTED BY APPLICANT: To replace inground pool with a new inground pool. A portion of this new structure will be situated in the side yard and a large portion will be in a rear yard location. ADDITIONAL FINDINGS OR FACTS FROM BOARD: The setback from the edge of the steps to the pool was confirmed by Mr. Daly at the hearing to be 11 feet at its closest point to the side line (and a four-ft, ground level patio or walkway area). The size of the pool is confirmed to be 20 ft. by 40 ft. which replaces a major portion of the existing pool. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because a swimmingpool has exist in this location since about May 1973 issued under Building Permit 8556Z. Page 2 - Appl. No. 4468 (Daly) Decisions Rendered April 10 and 24, Southold Town Board of Appeals 1997 (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 pool has existed for many years. (3) The request is not substantial because less than 50% of the actual replacement pool is the subject of the variance. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the pool exists in its present location, partially in a side yard, with no disturbance since 1973. (5) The situation has not been self-created because 40 to 50 percent of the structure (pool) is in the required rear yard and meets code requirements, and replacement is due to deterioration of pool existing since 1973. (6) This variance is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION ADOPTED APRIL 10, 1997: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied, and provided there be no encroachment of the pool areas into the side yard (except for fencing). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA AND OSTERMANN. This resolution was unanimously adopted. (5-0). DOYEN, RESOLUTION/ACTION ADOPTED APRIL 24, 1997: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied, and provided there be no encroachment of the pool areas into the side yard (except for fencing). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DOYEN, TORTORA AND OSTERMANN. (Member Dinizio was absent.) This resolution was unanimously adopted. (4-0). . GERARD P. GOEHRIN(IE~~I~N~ND FILED BY Approved 4/10/97 and 4/~/~.Tsouzii©LD TO\,~rN CLE~I< DATE '~ .HOUR [ ~ ~q~ Ac tions. 97/115-14.12 ~~~~. Town Clerk, Town b~ Sculhold LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for additional public hearings (in order to include receipt of all testimony and documentation submitted) by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY APRIL 242 1997 at the times noted below (or as soon thereafter as possible): 6:15 p.m. Appl. No. 4464 - TOMIS AND KATHY KOURKOUMELIS. Request for a Variance under Article XXIV, Section 100-239.4, based upon the January 31, 1997 Action of Disapproval issued by the Building Inspector, for permission to locate swimminapool with fence enclosure set back at less than the required 100 ft. setback from the top of the bank or bluff along the Long Island Sound. Location of Property: 54775 C.R. 48, Greenport; Parcel No. 1000-44-1-2. 6:20 p.m. Appl. No. 4466 - PETER WALKER. This is a request for a variance based upon the March 11, 1997 Notice of Disapproval issued by the Building Inspector for permission to locate a large portion of accessory tennis court structure in an area other than the required rear yard, Article XXIII, Section 100-231A. Location of Property: 375 Pine Page 2 - (Additional) Legal Notice Southold Town Board of Appeals Regular Meeting of April 24, 1997 Tree Court, Cutchogue, NY; Parcel 1000-98-1-7.17, containing a lot size of 79,135 sq. ft. 6:25 p.m. Appl. No. 4467 - CAROLINE TALBOT. This is a request for a variance based upon the March 4, 1997 Notice of Disapproval issued by the Building Inspector for permission to construct an accessory storage building in a front yard area, at premises located at Fox Avenue, Fishers Island, NY; Parcel 1000-9-1-27, containing a lot size of 18,500+- sq. ft. 6:30 p.m. Appl. 44410 - GARY SACKS and ALAN SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants request a Variance under Article XXIII, Section 100-239.4B for a proposed deck addition within 75 feet of bulkhead, at 125 Mesrobian Drive, Laurel; Parcel #1000-145-4-7. 6:35 p.m. Appl. 44468 - MATTHEW AND LAURIE DALY. This is a request for a variance based upon the March 17, 1997 Notice of Disapproval issued by the Building Inspector, for a building permit to construct new inground pool, which disapproval is based "...under Article III, Section 100-33, accessory buildings, structures and uses shall be located in the required rear yard...." Location of Property: 2505 Deep Hole Drive, Mattituck; Parcel 1000-115-14-12, containing a lot size of 22,500 sq. ft. 7:15 p.m. Appl. #4463 - L. SUTER d/b/a BLUEWATER SEAFOOD. The applicant is requesting the following: (a) Variance relief based upon the January 6, 1997 Action of Disapproval issued by the Building Inspector, which states that a "permit to construct metal frame with canvass roof (addition) to existing r Page 3 - (Additional) Legal Notice Southold Town Board of Appeals Regular Meeting of April 24, 1997 "permit to construct metal frame with canvass roof (addition) to existing retail fish market is disapproved on the following grounds: Under Article XXIV, Section 100-244B, proposed addition to existing retail fish market with accessory seasonal single service utensil seating, proposed construction is on a nonconforming lot located in the B General Business District, has insufficient side yard of less than the required 10 feet. Action required by the Zoning Board; action also required by the Planning Board..."; and (b) Variance relief under Article XIX, Section 100-191 "Off Street Parking Areas" for permission to utilize additional accessory open parking spaces within 200 ft. walking distance of the subject lot identified as Parcel 1000-122-3-7 (Suter), located upon adjoining property identified as Parcel 1000-122-3-6 (now or formerly of Bagshaw). This proposed additional parking area is located at the rear portion of the Bagshaw parcel that is zoned R-40 Residential, and is accessible to serve the immediately adjacent HB business uses. The remaining portion of the Bagshaw property (as well as the Suter parcel) is zoned "B" General Business. Street Address of Property: 11400 and 11500 Route 25 (a/k/a Main Road), Mattituck, NY; County Parcels identified as 1000-122-3-7 and 6. 9:35 p.m. Appl. #4429SE and 4430, by LILCO, as Contract Vendee, concerning premises referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel), identified as 1000-122-7-6.6, and also known as Lot #2 consisting of 35,798 sf. as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: Page 4 - (Additional) `Legal Notice • Southold Town Board of Appeals Regular Meeting of April 24, 1997 (a) Appl. No. 44295E - Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this "B" General Business District. (b) Appl. No. 4430 - Variance under Article XXIIl, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, and which exceeds 6-1/2 feet in or along side and rear yards. Dated: April 14, 1997. GERARD P. GOEHRINGER, Chairman SOUTHOLD TOWN BOARD OF APPEALS x - • FOoM NO. a • TOWN OF SOUTIIOLD BUILDINC DEPARTMENT TOWN CLCRK'S 0[TICE SOl1TlIOLD, N.Y. NOTICE Or DISAPPROVAL [)ate ..,March 17, 19. 9.7. To Matthew & 1,sttrie Daly k. 95. Deep Hate Drive Xattit.uck NY 11952 PLEASiF•, TART NOl !(`G that your application dated _March 3, 19 07. . for pemtitto cra.nstrR.c.4.#Ii..inground pool wt Location of Property 21305, De.e Hole Drive Mattituck Nausrz Nq1. . $Iretf . . . . County Tax nlap No. 1000 Suction 1.1.5 (flock ..1.4 . Lot !2. Subdivision Filed Atep Ncz Lot No. . is returned herewith and distpttrnvtd on the rollowing grounds In an R-40 Zone er.r:es . a . o . ry huildingl and structures or other accessory uses shall be located i.n,the_ required rear yard. Article III, 100-33; action required by, the ?,,oning Board of. Appeals. Du' /9I~sPector RV 1/90 O N) 'IMRI 011100111110LU rill"r,IY U. 1,l • i., I nu I Ln 1 1,u; nr•.rnu rlntrrr cm . - 41.1 '101411 IIAIA. SE111'IC Follll 4 S0uf1101.0, r1.Y. 11971 'fltl.t 161i till)). 110l1'IFY: BLDG. DEPT. _ R`. , 7. . TOWN OF SOUTHOLD,._ CA 1.1, F.Mtr11ilx•d 19.... 111111. hill's !rvrd I il).... I'nllnil llo. Ilimglntrvrd n/c (IM.! Idi,.g lim M•I:I 111 ) nl'I'LII:n HON FOR IIIIILDIfIC ITIllll'l D n I I, February. 28.... , 19 97 . I if!: dill(: I I Irtu7 :1. 'Illk olyllir11lino ntrtt Ixr ('u.lrlelcly filled in Ily lyfx+n ilrr of !o ith 111x1 ntlnlillyd la Ow IMliidillg Inman l(n "1111 1 twin of plants, nrRnnle plop. 1111111 Io n<:n10. lire nccoldiOg in nrheduie. Ir. 1'101. plan nlxnlil.h Itx'nt it*1 nl' lot 111%0 or Imlildi11ll'1 oo 1.l 11111ern, lelnl t1616!Ihlp In IMlitriuilyl Innninrn of 1x.61 it nllulu or :!Icon, n.%I It IV lryl n tiet ni Iea dr•ncl ipt hml or Idyl ell or pr of wrly minl Le (11 mat 016 the dinllrnn 01;,11 1n Ixnl of I It ln 111,1, lei cat ion. V. the tx)Tk c(IVerrd by thin n1lrl 1(7111. itnt .vty I%d Ix' c(mlelw,rd ixiore inmmtx'e or IMrl lding Fell"II d. 111%"1 nppnrvnl or Thin fi1,10 1cf1llott, If,(, IMlildinit IIU11,ector will innne 11 IMlildlnil Velmil. to the npplic:ud. !716.11 Ix•I...it 011111 1w Itept ("1 (110 prrluinen Iwtsllnhle for lnnlxlrl. ioo 101r(AllII(m.f the Irnk. r. 11, 11"Ii 141 i111 Min II Ixt (wslipied or cared !0 to tole or in lunl lot fifty l"n pllne IAmi ever Ind II It CA, it ifir:IIt, of IA'rnp:nx-y 1:11n1I kwe 1weo llrrull'rd by lite 1'111411111, hellrrlor. nl'1'LICM l(tl I!: IIICIII.IIY INIIIS II the I'Iildinl, 1'•11111 lurvll. his Ik. inminnc., or n 11,111dinil I'elmit. lunmlmll In 1111 IMli IdiOg 7(mw! 01di11n.xc or I)te 'I'OoO or. Soolhold, Difrollf C("nd Y, IM~+ Y011t, 01x1 0111111 01110 1c1110e Itn+n, (bdin:narn fit Ifrgol nt i(n In, f0I the anI14111 x: 1. i("1 of NO ItIll,gn, :will!I loon fir of l el ;11: iollfl, of for IonP NilI or d(vul it lot I, fin hr1('hl drnc( i1wil. 111e nppl{(7nol ol,lred to (:o'Idy Willi 011 '11.101 lcnbin boll, nnli0nnrerl, Intl 1411111 c(xle, IM"uli"ll r("Ir, n.wi Iel;ulnt_itnm, mxi to :xluil: mlllwv l7.ed innp:c.lotn t"1 Int,niren mx1 in 1"1lldi(1 Ir rrrcr(innly ltinnoe^cl limits. . (11111111 I1, 0( 111,10 ic11111 , or tune, ! IF it col fxl.:d i(nl) 1( North Hgwy, Southampton, NY 11968 Mli I l11lt Ixtdlein of 01111 ir11161 ) !il:ae IAwl het n11r1 i(:Irrt in Owoel, Ivelfwc, 1104.111, :II 061 -11 e16itl.M•rl, gvo It1I rind 1111,1 or, elml.I is inn, pludxv 01 Ixli ldrl. ............General.Contractor Ilnu• of 4"+1x1.1 Of ptonlrrn Ha.tthew A. Laurie Daly (nn oo 11.1, 1!ot ]I'll or Inlrnl dyed) If '31,10 irnol if (70.1111 nl I("., nil,11niot4: of duly 11111 ho. i7rd 011 icrr. (11:11(7 111-1 Iit I1, (d C(n I%lrnle ufli('e1') IMliidrln IA''.1"! 141. .,20.976-HI I'IudM•(!I Licrn!:e 170 . E IC(:11 icintrn I.lCClnie tio . 011s.rl ll(x M•'n I.iretlyw Ike . I. I.xnl loo Or 1111X1 00 w1dill 1.l ulnnrd ")Ill will 1w (.mx1 2505 Deep Hole Drive Hattituck IM"mr IIIIdw!l Sl ire 1. 11,111lel. III(w:k list 0"1111 y '1'r1x till) H). IM) S(!ri. ivo 1000 115 14-12 !411%livi!:hnt Filed If,p IM). lot (Ikrne) 7. S(:de rxi!:I iOI, 0!:e Old (x7(:nlFllx:y of pl(I"i.^.rn nlwl ilnelxled one 111x1 (xv:16lC11M'y of JIMIXI I(I coma 111(71 i0fl! Residence :1. 1~.N 1!.I 111. 11!:1: :11%1 Ix:l'I1i411 N'.y Swim Poo . 6 Spa I h. lulaxk•d care 111x1 (x:(vlwuxty Swi fir. ^..17 1 I. r!oun: ul Inll It (Llmclt IAA le 11 III .y1It 4a III u)I Iln, 1411 IdiI'll A14Iit ion Al l al nl 111:1411, Itm.rv41l IkmnI ll iuu (title!] Iluk POO iIOVatiOII (Ill:uct list ilxt)._ . h b.rl Iu.Alcd ('Alm .42,800 ~ (In ho Auld 1141 INllog IhNn uppl lculiuu) 9, If AAx,11 L: e 11, 11141x11 IJ AAA!l I l11p imll? 11111x:1 of 4Ax0 l lull onila otl 4:11c1 114x1 . It gnu uip:, u.d x:r of 4:41111 A II' Ixul l: Aim I, cuwl.!I e 1111 fir ml xA:d 1w:l."I r.y, All cll'y nut nu: 414.1 mA1 aA 11 111 cm ii ly1x: (it uoe 1. Iliwx:nuhxtu of !Hill[ Noll All Atwaks"n" If any: I/I"111 lt,:ol IA:plh 14:11(111 I1nlw:r ul' lilnl I,:a 111111:4111 N,xlu .f mu.: wl 11w:1 it(.. t,llh ullc, 111 hAm )r lxldi 1. iunu: Fl Dill I IA:p111 14:1111:1. 11 ubm III' !;I'll NA:u 11. Il l uouu IA It All Ail: cnl 1148 1x?, ctxml Awl i4.1: FAAxa 14:111 11,q'i It ILdlit.1 llubur of lilw 4841 At, tiI xc of I4.1 : Fnxtl Il4:ur ItIglil1 Ill. IW It 111 ILA CIIWW o1 Funu:l Il.Ywu' IF 11. 7.x11: ur uw: dim 1lcf to IAAinll IA""d,mll ..u ulluuled I1. lxx:n 111o1mil"A c,xutl nxa 14x1 vlulule aAAy 'r,x 114111 11.4. ul dl nalx:a or u:p"IIIIAon : It 1!111 I'll Ix: u:1tnY 4:11 Will cl.ccuu Hill 114: um,mA 1'14nI plxmieuu; YI!.Ai 111 l,, 11.,,.,11 111 1)I1w:1 411: 111u1I1144:,1 Matthew 6 Laurie Daly 2505 Deep Role Dr 298-5448 lw4huI111 Matti'tuck; NY-11952 III(..! Its. IL,,.: III A1chlll:c.I A14h4u11 A ' 1114):x: Its. w.I.: of (•4x114114:1111 J Torture a Swimming Pools 1764 North Hgvy A14Lofiu Southamptony-KY•1-1.968.....Illolxl11,.283-7373 7373 PA. lu 11,1s lu ulx:A ly vl l Liu 'YXl 1'iml of 11 1141111 44:1 Iu1 wIY A YF:i 111 "II! YC:i, 1111111M 11 '1l Adp 'IIa Ci IIA[li 17iIGil'I' IVtY IUi 111:711111(I•:I1. ' 1'1.111 IIIA1111AII I'wille civilily #11x1 (1Iu1.llwA ly fill Ixllldln1441, tAlel11,:r 4:x1nl lnp or pAUlnncd, 111.1 Lxllcnlo 4111 ncil IIII4:1( dIn.BNLxte I:Aw 111 opt' ly Ii1wL1. civil 111 real. a,xl 1111x1 Ixbber I), 14:ncl list hx1 uccol(11111S 10 doed; 111x1 ulllxe fit leaf ori w11 ru.l llxlic.all: 1Aw:1111:1 iulrl Nor tlr cOUw:r list 51/(11•: Ix' It-.1t Ylxn(, I I A ll I I Y IV SDP1rOLK. John Tortorella Luin11 duly laxu n, do1xlIDla IIIxI n11ya that Lo ill III(! 1111p1 i.'md 111:.,.y Ad LxINvlduul 1141141 414t caul uua) ul. wt' 41411.:(1, K. i:; fill: ....Con.traCto,r (I iwlllucl w , 411µ:u1., collxn ulo officer, cl c.) nl raid Ixa u:r ul Axnwn n, W.1 la duly uulhu, izaA1 111 Ix::lu:m Or I111V1: Ix:I1u1A1.w1 ILL. 11,11, Ault IIIxI It' nvikq 111x1 lilt: Ihin "I'IAl iA ul iuu; 1Lul ill n1411uotn141 4:uul filt'nd it, 11,111 nlApl ical inn III'! 111x: Ill I114: Leal 111' ].111 INxndlvl1fe 11:x1 Ix1110; 111.1 I h:d IIw: A.w 14 +riII Ix: 1xy 1',III:.A Ill lilt! uwoUw a Del. tin 111 III Ilm 141,111it III it'll I IIod Iholtmil11. tA.v AA lu Iw:I o1 L• uA: Min 28th February 97 . . ...dny Z"''.lls nl ILLI ic. S-.,, F~6 -L_ ~/(./~•,c'~,~~ USANNE CROKE Notary Public. State of New York (sit uAIA a ul' nllplit unl) No-OICR5057407 Ouslified in Suffolk County Commission Expires March 25, 1998 RECEIVE MAR 2,4 1997 TOWN OF SOUTHOLD, NEW YORK TO APPEAL ROIvl ON.OF BUILDING INSPECTOR APPEAL NO. li1e fVJOIJ[0010 DATE March 19, 1997 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I (We) Matthew & Laurie Daly 2505 Deep Hollow Drive ome of ..A... pppeiiell.....ant .......................of St reet N um ber N and Mattituck NY ............................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED .March„17,..1997 WHEREBY THE BUILDING INSPECTOR DENIED TO Matthew 5 Laurie Daly Name of Applicant for permit of 2505 Deep Hollow Drive Mattituck NY Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Construct an Inground Pool 1. LOCATION OF THE PROPERTY .?5.45..Pgeg„Hollow„ pr, /,Mattituck ~..R40 Street /Helmet / Use District on oning Mop District 1000 Section 115 Block14 Lot12 Matthew 6 Laurie Daly ................Current Owner Mop No. Lot No. Prior Owner 4256...- 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-33 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (g) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chop, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) ha not been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (g) A Variance to the Zoning Ordinance is requested for the reason that an existing pool and.deck, both n: which have received approval from the Town, be acknowledged and permitted to be renovated. Construction of a pool and deck by the prior owner, received Certificates of occupancy from the Town (attached), even though the pool and deck did not meet the requirement that an accesory use (pool) be located in the rear yard. Form ZBt (Continue on other side) f REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce `fire Q i %McurMUti or unneces- sary HARDSHIP because we may not renovate existing deck or swimming pool. Walls of current swimming pool are deteriorating and require replacement. With strict application of the ordinance we may not renovate the pool, leaving us with an unusable pool. Compliance with the rear yard requirement would require us to move the location of the pool. This option is cost prohibitive and would significantly alter the property. 2. The hardship created is UNIQUE and is not shared by all properties alike in the Immediate vicinity of this property and in this use district because both the deck and pool have individually received approval from the Town, but as a whole are in violation of zoning code. The approved deck and swimming pool were installed by a prior owner and were assumed to be in compliance since permits and Certificates of Occupancy were received. As the current owners, we are unable to make necessary improvements. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the deck addition and swimming pool have been in existence for nine years with no adverse effect on the character of the neighborhood. STATE OF NEW YORK ) ~p ss 1!.>' COUNTY OF SUMLK ) Sign ure Sworn to this .Q......................... day of...........'.". 194 ~.1 ..NotarYIPu lic 1 ~ MEiAWE V. BROWN Nday Mk 91W d Nwr York No. 4OW12 COMMIS rt 80M OOd.119,19 /TOWN OF SOUTHOL~ PROPERTY RECORD CARD OWNER STREET ~ V LLAGE - =:-~-Z s ~ DIST. SUB. LOT FORMER OWNER / / • % U c N o n no • 3 w N o f .C / t of TYPE OF BUILDING - - / - S J p E N D I? ST RES. SEAS. VL. FARM - COMM. CB. MICS. Mkt. Value mzj LAND IMP. TOTAL DATE REMARKS - 0 L) - L) IL 79a8z Tiu !o o O loo/d° 3 op S/ /7G I~LD / t /t' FfS'f~ z 7~ ,CD PC,a t 0 _ lZob (,5oa ~706?,,~2'~ ~ O~ O~ ~.1LYJ_~L15~O~~ '~I~t71 H'n0 'RJ L(_A IV 014,9150z) bad 6 a ~ ~ AGE BUILDING CONDITION - _ I NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER 50 Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot - BULKHEAD Total""", DOCK 4 I I l,. Lr j COLOR TRIM i 5v I~I j / - - - - - - M. Bldg. l(A 3~? f. 71 Sic 444 Extension Extension lid, 0 Extension 4 b K 1 L 3` 1 g' 9 Foundation Bath Dinette Porch Basement ( L) / I Floors K. Peach y?Lb [t (D U Ext. Wails w iterior Finish LR. Breezeway Fire Place Heat 01 DR. Garage Type Roof C Rooms Ist Floor BR. ilz { - v 4 Patio Recreation Room U Rooms 2nd Floor FIN. B s O. B. / Dormer Driveway I Total Ir ~ i ~ f •Y Q~ * U04,.> ~O Jt~ -rye . J ~ rd 2-1 v i•i 7 k O aj, QL. 10 Cc-v to 5• l,. d J } (J- III lJ L>j uj 01 0 In Sit. g Z° ~il 0 I ti! N ? ~ q ~?ij Q N 71 ~:i .S N N ?7 i~A (i~ 3 U aU y ~yp sd9 1 Cj 1 I i UI ~ G I ~ I u. j w i N1 O'Ci51 C7 , _ ~,I V21 I i. ci, ~I f t yY.` r~_ cj U1 ,ll ul i L I ti I I 1~. `ya o I 4 1' ~ I I , 43 I l ~Ij VA III m w = L a,~~ 3 { r; of ~n MI6 3nld~ JOL~t 7dlfl ;'1 1 111 u, ul.I jl l,l BJiV~~ 3211M ---I ~ I I ~ C) G'GS I 3 0L ~ c 9'. ! I ~ I-- t \ (7D C\ t_v I I F.. I l7 I1. u; LL I j _ Itl I I ~ J. TORTORELLA (516) 283-7373 1764 NORTH HIGHWAY FAX (516) 283-7387 SWIMMING SOUTHAMPTON, L.L. N.Y. 11968 POOLS INC. I APR 2 g ; GUNITE POOL BUILDER I April 26, 1997 j Linda Kowalski Town of Southold Board of Appeals PO Box 1179 Southold, NY 11971 Re: Variance Application for Matthew & Laurie Daly Dear Linda: For your files, attached is the completed Affidavit of Mailing & Posting for the above referenced variance application. All the return receipts are attached. Thank you for your assistance during the variance process. Sincerely, Ji Foley MEMBER 0 u NATIONAL SPA 6 POOL INSTITUTE BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application AFFIDAVIT of Matthew t; Laurie Daly (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, James Foley , residing at 3615 Vanston Road, Cutchogue New York, being duly sworn, depose and say that: 1) On the 18th day of April , 199 I personally mailed, by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner Mailing Address Mr tt Mrs Peter Endres Box 311 Deep Hole Dr, Mattituck, NY 11952 Mr & Mrs John Fletcher RR1 Thersa Dr., tt uc 2 Mr & Mrs Michael Reese 2605 Deep Hole Dr, Mattituc , 1952 Mr & Mrs James Barr 2740 Deep Hole Dr, Matt ttuc , 1952 Pauline Pakanskas 24 W. 10th St, Linden, NJ Mr & Mrs Stephen Ring PO Box 863, Deep Hole r, i uck, NY 11952 Town of Southold 53095 Main a , out o , f9971 Mr & Mrs Charles Millman 11427 Sutton ace r acme N 46032 Geoffrey L Penney PO Box ttituc , and, 2) On the 12~n day of APRIL 1997, I personally posted the property identified as District 1000, Section t 15 Block 14 , Lot 12 , by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street (or facing the right-of-way), and that I have checked to be sure the poster has remained in place ve full days rior to the date of the public hearing (date f h ring oted the eon to e held April d2 , 1997). Sworn to before we this ( gnature 02~ ay of 1997. Q SUSANNE CRMf Notary Public, State of New yat ry Public N0 .OtCR5057407 Ciueldied in Suffolk County Conrtnssion E:Ptrss March 25, 1994 (Please return to the office of the Board of Appeals when completed. Thank you.) UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS 'Permit No. G-10 ~i> 6 • Print your name, address, and ZIP Code in this box • • I J TORTORELLA SWIMMING POOLS I[[ 1764 NORTH HIGHWAY SOUTHAMPTON, NY 11968 1 I LIf III I[fill II JL 6fill 11111 LII 1„I,LI,.l,ir l,l„I I ,rLLJ l li,,,l i T I: i i P 111 068 992 $ SENDER: :Complete ferns 1 andior 2 for additional services. I also wish to receive the a .Complete Items a, 4a, and 4b. following services (for an _ us Postal service $ •Print your name and address on the reverse of this form so that we can return this extra fee): Receipt for Certified Mail Ans n,ms form to the from of the mailpiece, or on the back if space does not No Insurance Coverage provided. 1. ? Addressee's Address pennit. aThe Return Receipt Requested-on the marticle a below the article number. 2. ? Restricted Delivery m L Se not use for International Mail See reverse Wme- •The Return Receipt will showow to owho whom the solds was delivered and the tlate SL sent to C delivered. Consult postmaster for fee. 9! US'i r ONCE ]30% 311 v 3. Article Addressed to: 4a. Article Number Street ¢i Post office, State, d ZIP Code a MR 6 rms PETER ENDRES P 111 068 992 4b. Service Type of PO BOX 311 Registered [ Certified ¢ Postage $ v NATTITDCK, NY 11952 ? Express Mail ? Insured °i Cenfied Fee El Return Receipt for Merchandise ? COD 2 l . Date of Delivery °I special Delivery Fee a-+ N 9 e~ N > Restricted Delivery Fee 5. ived By: (Print Name) Addressee's Address (Only it requested cj and m Retum Receipt Show fee is paid) Whom a Date De' 6. gnature: sss orA nt) ReNm Recalls Ml4 'D~ i. X Q Date, d AAA S Fd6ess a o ? PS Form 811, December 1994 Domestic Return Receipt o TOTAL Post lg0 A Foss I CO Postmark or Dala,, ) U f/ - f I First-Class Mail UNITED STATES POSTAL SERVICE Postage & Fees Pald ! USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • fe J TORTORELLA SWIl41ING POOLS 1764 NORTH HIGHWAY SOUTHAMPTON, NY 11968 I 1 : I i I i SENDER: (i P 111 0 6 8 9 9 3 9 .Complete items 1 and/or 2 for additional services. I also wish to receive the m aComplete items a, 4a, and 4b. following services (for an f we e Prim your name and address on the reverse of this form so that we can return this extra fee US Postal Service m card to you. m Receipt for Certified Mail ` -Attach this forth to the front of the mailpiece, or on the back H space does not 1. ? Addressee's Address t No Insurance Coverage Provided. Z write-Return Receipt Requested' on the mailpiece below the article number. 2. ? Restricted Delivery V)) Do not use for International Mail (See reverse) :E .The Return Receipt will show to whom the article was delivered and the date Sent to delivered. Consult postmaster for fee. 04_ o mr 3. Article Addressed to: 4a. Article Number st N;m THERESA DRIVE 2 P 111 068 993 Post Office, Slate, A ZIP Code c MR 6 MRS JOHN FLETCHER 4b. Service Type u RR1, THERESA DRIVE ? Registered TO Certified If postage $ ru MATTITOCR, NY 11952 ? Express Mail ? Insured mI Certified Fee WM ? Return Receipt for Merchandise ? COD 7. Date of Delivery/ c OI Special Delivery Fee R rJ~ ~ J 7 Y I F 5. Received By: (Print Name) 8. Addressee's Address (Only if requested i Restricted Delivery Fee and fee is paid) i N Return Receipt Showing to 6. Si . (d Q@ rA ant ~ Whom 6 Date Delivered C? l/~. .Q Return RBtep swell WWhom, m a Data &AahesseeSMdress - PS Form 3811, December 1994 Domestic Return Receipt 0 TOTAL Postage 8 F n + i M Postmark orD r ti III First-Class Mail UNITED STATES POSTAL SERVICE Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • I~ J TORTORELLA SWIMMING POOLS 1764 NORTH HIGHWAY SOUTHAMPTON, NY 11968 I t II ,Il liilll lll, illllllllll IIIII,I11111l1,l1,1„I,IIII,II ,I,I fill IIIIII 7 i P 111 ? 6 8 9 9 4 SENDER: •Comptete Remo 1 and/or 2 for additional services. I also wish to receive the M •Complate home, 3, 49, and 4b. following services (for an us Postal Service $ •tend Prim to your you. name and address on the reverse of this form so that we can return this extra fee Receipt for Certified Mail j •WAttach this form to the from of the mailpiece, or on the back if space does not 1. 11 Addressee's Address No Insurance Coverage Provided. m •re'R Do not Use for etum Receipt Requested'on the mailpisoe below the article number. 2.0 Restricted Delivery International Mail See reverse .The Return Receipt wia show to whom the article was delivered and the date Sent tMR. & Z o delivered. Consult postmaster for fee. all Street & Number 3. Article Addressed to: 4a. Article Number ml- 2605 D vi P Ill 068 QgA Post Office, State, & ZIP Code E MR 6 MRS MICHAEL. REESE 4b. Service Type 9i MATTI m' c Postage $ u 2605 DEEP HOLLOW RD ? Registered Certified e MAITITOCK, NY 11952 ? Express Mail ? Insured Ill Certified Fee ? Return Receipt for Merchandise ? COD 21 ' 0 7. Date of Delivg SPedal Delivery Fee 6 ~I rJ 7 Restricted Delivery Fee 5. Received By: (Print Name) 8. Addressee's Address (Only if requested ~ Return Receipt Showing to and fee is paid) t.. = whom & Date Delivered J g 6. Signature: (Addressee or Agent) Realm Receipt Showirg to Whom, E X I Date, & Addressee's Address „ 0 TOTAL Postage ,tl Ps Form 3811, December 1994 Domestic Return Receipt CO Postmark orD € o I First-Class Mail UNITED STATES POSTAL SERVICE Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • E e J TORTORELLA SWIMMING POOLS 1764 NORTH HIGHWAY SOUTHAMPTON, NY 11968 i I, ,II Ili 1, 11 l l i l i IIII IIII I,I,IIIIIIIII,I,1IA ,IIIIIIA1111111.1 7 to SENDER: P 111 068 995 D -Complete items 1 and/or 2 for additional services. 18150 WISh t0 receive the a -complete items a, 4a, and 4b. following services (for an ° -Print your name and address on the reverse of this form so that we can return this US Postal Service % extra fee): card to you. Y Receipt for Certified Mail P ach this form to the front of the mailpiece, or on the back if space does not 1. ? Addressee's Address No Insurance Coverage Provided. d -Write-Return Receipt Requested' on the mailpiece below the article number. p. ? Restricted Delivery U) Do not use for International Mail See reverse ,L„ -The Return Receipt will showto whom the article was delivered and the date a delivered. Consult postmaster for fee. Sent MRS JAMES BARR ° ° v 3. Article Addressed to: 4a. Article Number w s ea~ ia BEEP HOLE DRIVE d P 111 068 995 I I MR & Post lll6c~51ate_8LC Code- 11952 MRS JAMES HARR 4b. Service Type m ` MA1111U(:K~ 0 2740 DEEP HOLE DRIVE ? Registered 19 Certified Postage $ MATTITUCR, NY 11952 ? Express Mail ? Insured c rc ? Return Receipt for Merchandise ? COD Certified Fee d o T 7. Date of Delivery o Special Delivery Fee z¢ ~.1 vM at+ t of r 0 5. Received By: (Print Name) 8. Addressee's Address (Only if requested Restricted Delivery Fee I 1 F and fee is paid) r Return Receipt Showing to 6. Sig N l? Whom 8 Date Delivered re:(Addressee or Agent) Who ° .a Return Recept Slowing to Whom, ~ X < Date,&Addressee's Address PS FO 811, Dfecember1994 Domestic Return Receipt O TOTAL P Fees + Go M Postm &k a'`, E } T ~1 { u_ 2 ' /jJ 7 I i i I UNITED STATES POSTAL SERVIC ~E ° S ` ~ - -POStage.B FeesPaid . - Pefmit No_G-tQ- • Print your a eddy ss, and Z"w Code-in-tht9 boxes f•= J TORTORELLA SWI MING POOLS 1764 NORTH HIGHWAY SOUTHAMPTON, NY 11968 I I • I P i I f WO SENDER: I also wish to receive the . P 111 068 996 a •romplets there 1 andfor 2 for additions] services. m •Complete Nome 3, 4a, and 4b. following services (for an m •Pdrd your name and address on the reverse of this form eo that we can return tNs extra fee): US Postal Service card to you. Receipt for Certified Mail m this tans to the from of the mailpiece, or on the back if space does not 1. ? Addressee's Address .L No Insurance Coverage Provided. o •write'Retum Receipt Requested' on the mailpieoe below the article number. 2. ? Restricted Delivery •The Return Receipt will show to whom the article was delivered and the date Do not use for International Mail See reverse y ti sent to delivered. Consult postmaster for fee. m PAULINE PASKANSKAS v 3. Article Addressed to: 4a. Article Number d Street 8 Number P 111 068 996 24 WEST LOTH ST a PAULINE PASKANSKAS 4b. Service Type Post office, Slate, 8 ZIP Code o 24 WEST 10TH ST ¢ LINDEN, NJ 07036 v ? Registered 13 Certified Postage $ L LINDEN, NJ 07036 ? Express Mail ? Insured S I N f ¢ ? Return R ipt for Merchandise ? COD Certified Fee 7. Da IiYery 2 1 Special Delivery Fee 6 a. 5. Received By: (Print Name) 8. A r ssee' Address (Only if requested Restricted Delivery Fee 15 a d fee is paid) t j u ¢ F 1 Return Receipt Showing to 6.. 'gn (AdC'YV"w°`L or Ag f) ~n 8 Date Delivered flaturnRocepISIMMIDWhon, Date, 8ivldoaee Adhesss m P orm 811, December 1994 Domestic Return Receipt °o0 TOTAL Poste Fe& Postmark o / 1G6T o t tL a T' C > I i G: First-Class Mail UNITED STATES POSTAL SERVICE Postage & Fees Paid I: USPS Permit No. G-10 6 • Print your name, address, and ZIP Code in this box • J TORTORELLA SWIIAIING POOLS f 1764 NORTH HIGHWAY SOUTHAMPTON, NY 11968 I + r I i P 111 0 6 8 9 9 7 v Sc NDE Rams i and/or z ro addmond Services. I also wish to receive the A eComplete hems 3, 4a, and 4b. following services (for an - m .Prim your name and address on the reverse of this form w that we can return INS extra fee): you. Postal t Serv for ~r ,teac to R this form to the from of the mail ece, or on the back If apace does not ) Receipt for Certified Mail i, t„ 1. ? Addressee's Address No Insurance Coverage Provided. y eW~me'Return Receipt Requested'on the m tilpiece below the article number. p, ? Restricted Delivery Id Do not use for International Mail See reverse $ aThe Return Receipt wftl show to whom the amide was delivered and the date n ° delivered. Consult postmaster for fee. t 1185 STEPHEN RING ° v 3. Article Addressed to: 4a. Article Number St°PO 863 P 111 068 997 P Stste. tt~~ZIP E NR 6 ?W STEPHEN KING Cade 4b. Service Type f NY 11952 $ PO BOX 863 ? Registered ®Certified ¢ v Postage a v NATTITIICR, NY 11952 ` ? Express Mail ? Insured S Return Receipt for Merchandse ? COD Certified Fee -0 _1Date of Delivery Special Delivery Fee ¢ Uv \ I 0 5. Received By: (Print Name) Addressee's Address (Only if requested I Restricted Delivery Fee w and fee is paid) r i N rn Return Receipt Showing to M - ~ i Whom & Date Delivered g 6. Signature, (A as a rAgent) o .n Return Receipt 9-M ID WpAS -G m X a Date, andesseek 6. PS Form 3811, December 1994 Domestic Return Receipt I °o0 TOTAL Postage R ees i N C o M Postmark or Date o ~Y r UNITED STATES POSTAL SERVICE First- a glass Mail ai Post e & Fees Paid i~ USPS Permit No. G-10 i• • Print your name, address, and ZIP Code in this box • I• J TORTORELLA SWIMMING POOLS f 1764 NORTH HIGHWAY SOUTHAMPTON, NY 11968 I i } i o SENDER: I also wish to receive the P 111 069 0 61 v •la mplete items 1 and/or 2 for additional services. a •Complete item a, 4a, and 4b. following services (for an - g 0 • Print your name and address on the reveres of this form so that we can return this extra fee): m card to you. US Postal Service •Attach this form to the horn of the mailplece, or on the back if space does not 1. ? Addressee's Address Receipt for Certified Mail. d permit. z y •Wme'Rerum Receipt Requested'on the mailpiece below the article number. 2. 11 Restricted Delivery y No Insurance Coverage Provided. § -The Return Receipt Will show to whom the aside was delivered and the date a Do not use for Intematlonal Mail See reverse C delivered. Consult postmaster for fee. Sent to O TOWN OF SOUTHOLD 3. Article Addressed to: 4a. Article 0Number 0 69001 Street S Number w p 111 c 53095 MAIN ROAD E TOWN OF SOUTHOLD 4b. Service Type 14 Post Olfice State, &ZIP Cade ° 53095 NAIN ROAD ? Registered 3 Certified c SOUTHOLD, NRW YORK 11971 a v w SOUTHOLD, NY 11971 ? Express Mail C] Insured 5 Postage ¢ ? Return Receipt for Merchandise ? COD Certified Fee 7. Date of eliva z G °>I Special Delivery Fee W Y 5. Rece9d~By: (Print Name 8. Addr ssee' Address (Only if requested ; Restricted Delivery Fee and fee is paid) F I 11,1) 5 6. Signature: ( ress orAgen p' Retum Receipt Showing to _ Whom 8 Date Delivered O, X .E Ron Receipt Shang to Whets, ' pal,,&MCIracseds PS Form 1, Decemb g4 Domestic Return Receipt O TOTAL Postage +I 0 Cl) Poslmedc or De y-; 'i , ?}r 0 r i' UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paitl USPS Permit No. G-10 p • Print your name, address, and ZIP Code in this box • 11 L 1 J TORTORELLA SWIMMING POOLS 1764 NORTH HIGHWAY SOUTHAMPTON, NY 11968 I I II I ItI!IItIIIIIIi IIlII II t111 1111,1111 1,It n61„1It IIIIt II1 11 1 it Intl f'. I P111 0 6 8 9"SENDER: 9 0 .Complete Gems f and/or 2 for additional services. I also wish to receive the - b eComplete items 3, 4a, and 4b. following services (for an I m •Pdm your name and address on the reverse of this form so that we can return the extra fee):` US Postal Service ° card to you. j sAttach this form to the from of the mailpiece, or on the back if space does not 1. ? Addressee's Address Receipt for Certified Mail permit. z U No Insurance Coverage Provided. y sWdte'Retum Receipt Requested'on the mailpiece below the article number. 2. 1:1 Restricted Delivery N Do not use for International Mail See reverse $ The Return Receipt will show to whom the artide was delivered and the date «a delivered. Consult postmaster for fee. GEOFFREY L PENNEY ° v 3. Article Addressed to: 4a. Article Number b"f 1440 P 111 068 999 Post Office, State, & ZIP Code E GEOFFREY L PENNEY 4b. Service Type y f- $ PO BOX 1440 ? Registered [1 Certified M&TPITOCK, NY 11952 ! postage $ [1 Express Mail ? Insured E ? Return Receipt for Merchandise ? COD { Certified Fee 7. Date of Delivery i a ' I Special Delivery Fee u. , 5. Received By: (Print Name) 8. Addressee's Address (Only i requested Restdded Delivery Fee w and fee is paid) t Return Receipt Showing to S ~ Whom & Date Delivered J e 6. Signat : (Addresse nt) .a Rehm RWeiq Stowing to Wham, Date, & Addressee's Address PS Form 3811, camber 1994 Domestic Return Receipt l O TOTAL Postage & Fees + ~ Postmark or Date i ~ o` LL T P 111 069 000 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse k Sentto • MR Street & Num ber 11427 S e PLACE DR E Post Office, State, & ZIP Code CAMEL I Postage Cenified Fee Spada] Delivery Fee i Restdded Delivery Fee ~ Return Receipt Showing to Whom & Date Delivered n Return Receipt Q Date, & Add s Ad8oesl"r O TOTAL P IF co T Postm d to - - E 7 K COUNTY OF SUFFOLK '4AY R "'1' J I ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING May 2, 1997 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. ADnlicant(s) Municipal File Number~l Kourkoumelis, Tomis 4464 Walker, Peter 4466 (_~Daly, Matthew & Laurie 4468 Very truly yours. Stephen M. Jones Director of Planning S/s Gerald G Newman Chief Planner GGN:cc C.1W WIN601WPDOCSI ONING\WORKINGILOSMAVSD446d. MAY 20 RABRO ORIV5 ¦ P.C:. BOX 6100 • HAUPPAUGE. LONG ISLAND, NY .1788-0099 • - 516, ___3-7710 -,A '..:b, M APPEALS BOARD MEMBERS QSU:FO(~ 0-__ 4G Southold Town Hall ~ y~ Gerard P. Goehringer, Chairman 53095 Main Road a ~ Serge Doyen y x ; P.O. Box 1179 James Dinizio, Jr. Southold. New York 11971 y~ Sl Fax (516) 765-1823 Lydia A. Tortora ~ Telephone (516) 765-1809 Matueea C. Osterman BOARD OF APPEALS TOWN OF SOtiTHOLD Pursuant to Article ffV of the Suffolk County Administrative Code, The Board of Ampeals of the Town of Southold, New York, hereby refers the follcwing to the Suffolk County Plann:nq Commission: xX Variance from the Zoning Code, Article Section 100-33 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4468 Applicant: Matthew and Laurie Daly Location of Affected Land: 2505 Deep Hole drive, Mattituck, NY County Tax Map Item No.: 1000-115-14-12 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission to construct new inground . other swimmingpool in an area,than the required rear yard Copies of Town file ana related documents enclosed for your review. Dated: x" i-a APPEALS BOARD MEMBERS BUFFO( Southold Gerard P. Gochrin er, Chairman y.~~~ CD's Town Hall g Gym 53095 Main Road Serge Doyen o h P.O. Box 1 179 James Dinizio, Jr. Southold, New York 11971 t2ebe*tfritfi~ y ~'F,' Fax (516) 765-1823 Lydia A. Tortora '~Ol Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 25, 1997 Mr. James Foley 1764 North Highway - Southampton, NY 11968 Re: Variance Application for Matthew and Laurie Daly Dear Mr. Foley: Please find enclosed a copy of the board's decision, adopted at our April 24, 1997 meeting. A copy has today also been furnished to the Building Inspector's Office as an update to their initial , Action of Disapproval and for use in the open building permit It application file. Please contact the Building Department directly regarding the pending building permit application to determine if any other documentation would be needed in their office. Also, we are required to transmit a duplicate of your file to the Suffolk County Department of Planning, which agency has jurisdiction under the County Administrative Code for projects located within 500 feet of a County or State Road and most waterways. We have transmitted the file documentation to the County for review, and it is expected that the County will pass its determination back for a local (ZBA) level without requiring further steps. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department County Department of Planning Mr. and Mrs. Matthew Daly APPEALS BOARD MEMBERS 9 US FFO( ~~0 • Southold Town Hall A) I ti~~ Gym 53095 Main Road Gerard P. Goehringer, Chairman Serge Doyen P.O. Box 1179 James Dinizio, Jr. y„ T A Southold, New York 11971 y • Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 Maureen C. Osterman ~x BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF APRIL 10, 1997 RESOLUTION CONFIRMING ALSO ADOPTED APRIL 24, 1997 Appl. No. 4468 - MATTHEW and LAURIE DALY PARCEL 1000-115-14-12 STREET & LOCALITY: 2505 Deep Hole Drive, Mattituck DATE OF PUBLIC HEARING: April 10, 1997 PROPERTY DESCRIPTION: This property is located in an R-40 Zone District, being situate on the northerly side of Deep Hole Drive, Mattituck with 150 ft. road frontage. This lot contains a total area of 22,500 sq. ft. as depicted on the December 15, 1993 map under this application and is improved with a two-story, single-family dwelling with raised deck, accesory shed and inground swimmingpool (a portion of which was designated side yard after the construction of the new deck at the rear of the dwelling.) BASIS OF APPEAL: Building Inspector's Action of Disapproval dated March 17, 1997, which reads as follows: under Article III, Section 100-33 "...In an R-40 Zone accessory buildings and structures or other accessory uses shall be located in the required rear yard. Article III, 100-33, action required by the Zoning Board of Appeals...." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To replace in ground pool with a new inground pool. A portion of this new structure will be situated in the side yard and a large portion will be in a rear yard location. ADDITIONAL FINDINGS OR FACTS FROM BOARD: The setback from the edge of the steps to the pool was confirmed by Mr. Daly at the hearing to be 11 feet at its closest point to the side line (and a four-ft. ground level patio or walkway area). The size of the pool is confirmed to be 20 ft. by 40 ft. which replaces a major portion of the existing pool. REASONS FOR BOARD ACTION DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because a swimmingpool has exist in this location since about May 1973 issued under Building Permit 8556Z. Page 2 - Appl. No. 8 (Daly) Decisions Rendered Will 10 and 24, 1997 Southold Town Board of Appeals (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 pool has existed for many years. (3) The request is not substantial because less than 50% of the actual replacement pool is the subject of the variance. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the pool exists in its present location, partially in a side yard, with no disturbance since 1973. (5) The situation has not been self-created because 40 to 50 percent of the structure (pool) is in the required rear yard and meets code requirements, and replacement is due to deterioration of pool existing since 1973. (6) This variance is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ ACTION ADOPTED APRIL 10, 1997: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied, and provided there be no encroachment of the pool areas into the side yard (except for fencing). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DOYEN, DINIZIO, TORTORA AND OSTERMANN. This resolution was unanimously adopted. (5-0). RESOLUTION /ACTION ADOPTED APRIL 24, 1997: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied, and provided there be no encroachment: of the pool areas into the side yard (except for fencing). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DOYEN, TORTORA AND OSTERMANN. (Member Dinizio was absent.) This resolution was unanimously adopted. (4-0). GERARD P. GOEHRINGER, AIRMAN Approved 4/10/97 and 4/24/97 Actions. 97/115-14.12 ice STATE OF NEOORK) N011CF IS HEREBY GIVEN, put- 7:15 p.m. Appl. No. 4463 - L suam to Section 267 of the Town Law SUTER d/b/a BLUEWATER ) SS: and the Code of the Town of Southold SEAFOOD. The applicant is request- C TYQOF SU~I''F(Q~ K tow ddnwin appRotiom will be held in6 the following: ~T rC n L_.t J _ to additional publ f all all tings(m order 9of upon the of Mattituck, In W iadndE r oeil# testimony and January pproval -f documentation submitted) by the named 6, 6,1 197797 Action bvlhe>m°sI°sDisaPec'°t, which said County, being duly sworn, says that he/she SOUTHOLD TOWN BOARD OF ,taws that a'pe'mit to construct metal i is Principal Clerk of THE SUFFOLK TIMES, a APPEALS, at the Southold Town 114 hams with onvass roof (addition) to ( 53095 Main Road, Southold, New York exbring retail fish market is disap Weekly Newspaper, published at Mattituck, in 11971, m THUBSDAY,~APRH. 24, proved`: os the following grounds: 1997 at that times noted below (or as Under Article XXIV, section 100- the Town of Southold, County of Suffolk and soon thereafter as ~ sh proposed addition to existing State of New York, and that the Notice of which 6:15 :15 p p.mm. Appl. No._.4464 - rehB~fishmanradiet with accessory sea- TOM1S and sATRY KOURtt- now-met, se^'ia utensil seating, the annexed is a printed copy, has been regular- OUME[d3.,Requn4 far a Vviamce proposed eomtiuctum is on a roccon- under Article XXW~_ SeM(on f-1~00. forming lot located in the B General ly published in said Newspaper once each week Business District, has insufficient side 739.4, b Disodttie January3L?997~, for weeks successively, commencing on Action of of 7happmva[issued by thus yard oE.._ Ins than the inquired to Building Inspedoy`_f., permission to i feet Action required by the zoning the-L7-day of 19-v. wmmg`Pool with fees Board; action also required by.the locate s rm enclosure. set bad at., less, than- the: Planning Bced._'; and - requited100ftset6aclifrnmthewpct (b)-Variance relief under Article the bank or bbtff alaog the Img Wind XLX, Scc im - 100.191 "Off Street Sound Incadm at Pmpatty:. 54775 ' ParkiogAreas" to pemnimion to silos additional ry walking parlding I Principal Clerk f within CR 48, Greenphrt; Parcel No. IOW 44-1-2 ospaces f the subject to identified a Parse! 6:20 p.m. App2 No. 4466 - R 1000.122-3-7. (Suter), loeated.upon TER WALKER. This is a request for a adjoining Ply identified as Parcel variance based the March 11, 1000.122-36 (now or formerly o[ / S~ :..C_ ~ I Sworn to before me this 1997 Notice of Disapprove] issued by > col- .loroPoxend-xddihouul P the Building for permission P~onB aril ls Ioated at tba tarporv day of L 19 617 to locate la n of a „ don of the Bsgahaw, parcel the is I tennis court structure in an area other zoned R40 Residential, and is accessi- ~ - MARY DIANA FOSTER ble to serve the immediate) adjacent than the tion Id rest yard Amcla ' y in VOTARY PUBLIC. STATE OF NE oo,d the Itarues' The remain®g por. NO. 62 "6 2n^<. SUFFOLK T COUNTY 11 l F purl, Section 100-231A I-oti do Property 375, Piz Tree Cohort: ` Lion of the gahaw properly (m well web • ':1WIISS Of/ -ANRUS AUGUST 31, I 1 7 Cutchope NY;° Pveel 1000- -I-'. as the Suter parcel) is mind "B" 7.17,oomammgafhrsiaaa[79,1'~a¢_ I General. Busies. Street Add= of R p-y.>. ! Property:. U400 and 11500 Route 25 I 6:25 p.m.. AppL.No~467 ~C,AY (AWlt Main Road), Mattituck, NY, I County Parcels identified a 1000122- OLINE TAIBOTv.Thia, s rttapme }7 and 6. - for a variance based spin the blattdtdt 435 p.m. AppL No. 44295E and 1997 Notice of I)uryprovai ieanerFb} - ~ LE= an Contract Vendee, the Iiuildmg Lnspecor, for petiti®irs - concerning premises referred to as ro in a t a float yyaarrdd taard sure s. ores., at a 9550 (vacant land) Mai - Road, sing in a Manituct (tzar Lamer unratified as looted at Fox Abenue, Ftshets Isiaad.. IODD-122-76.6, and also ktiosm as Id NY; Parcel 30009 27, containing a n enmaiviog 435,798 sE as shown on lot aim of 16~SOM- sq~ft.the Subdivision of Map of "Freak m.AppL Nad430-GARY ,Mm Garden Center" approved SAACnK9 CKS "'-~^..and ~ ALAN Murphy by SCRLESINGER Hosed upon the July j; the Southold Towa Planing Board 16, 1996 Notion of Disappiova] from 4112/1982. Applicant, as contract the Building. Inspector, applicantsvendee, is requesting: request a Variance under Article X=. - (a) Appt No. 4429SE - Special Section 100-239.48 for a proposed ',ExccPdw bz Use of Vaam iced as deck addition within 75 feet of bulk- shown on plot plan for a compressor head, at 125 Mesmbian Drive, Laurel; station building with fence enclosure i 1 Peal 10001454-7 - this "B" Genial Bm jess Disuict. 6:35 p.m. Appi- No. MATTHEW sad LAURIE DALY. (b) Appi. No. 4430 - Verist This is a request for a-variance based under Article XXHL Section 1o(l-231- up011 the Much 17, 1997 Notice of ' A for P-~ to construct knee Disapproval issued by the Building cnclosum which exceeds matdmum Inspector, for a building permit to ten- lence height restriction of 6 feet when struct new inground pool, whim di sap- located in the front yard and which proval is based "...under Article a ; exaeds6-12 feet in or along side and Section 10033, accessory buildings, rear yards structures and m as shall be loaned i Dated: April 14,1997. the required rev yard..." Location of GERARD P. GOEHRINER. Property: 2505: Obey-. Hole Drive, ARD OF Mattituck;., Parent 1000.11514-I2, sOUTIK) D TOWN BO ontatw~g a lot she of 22300 sq. B. APPEALS 8940-i W7 - r~ APPEALS BOARD MEMBERS iy SVfFO(~° r ENO C~ Southold Town Hall Gerard P. Goehringer, Chairman tip' Gyp 53095 Main Road Serge Doyen P.O. Box 1179 James Dinizio, Jr. Southold. New York 11971 y Fax (516) 765-1823 Lydia A. Tortora ~~0(* .~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 14, 1997 ) Dear ~njva A new legal notice has been prepared as a replacement of the previous notice due to a defect when the April 10, 1997 notice was not published by the town's official newspaper as requested. The April. 24th hearing will, as a matter of procedure, be opened and the statements and documentation submitted into the April 10th record will be confirmed for placement into the April 24th record. Then the same procedure will follow as was conducted on April 10th. Please note that your attendance is not required (you may attend if you are interested). Also enclosed is a new sign to be placed at the subject property not later than Friday, April 18th. (If it is a hardship for you to have the sign placed by Friday, please let us know immediately and we will try to assist you. ) Please return the enclosed Affidavit of Posting and Mailing for the permanent record with mail receipts attached. (When all the green signature cards are received, please also return them to us for the permanent file.) The hearing will, as a matter of procedure, be opened, the statements and documentation submitted into the April 10th record will be confirmed for placement into the April 24th record, and the same procedure will follow as was conducted on April 10th. Your attendance is not required, but you may attend if you are interested. Please call our office if you have any questions. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application AFFIDAVIT of (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, , residing at New York, being duly sworn, depose and say that: 1) On the day of , 199 I personally mailed, by certified mail return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner Mailing Address and, 2) On the day of 1997, I personally posted the property identified as District 1000, Section , Block , Lot by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street (or facing the right-of-way), and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing (date of hearing noted thereon to be held April d1f, 1997). Sworn to before me this (signature) day of 1997. Notary Public (Please return to the office of the Board of Appeals when completed. Thank you.) ,.~T nlcC- A~eT/AL sl.d4&.. ,6C A-r146V NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, jS Southold, New York, concerning this property. OWNER(S) OF RECORD: /419 7'r-h~w mi LAZ4 R y ..D191- y DATE OF PUBLIC HEARING: % 7-Va&s • o, / 1 ? 7 3s o. 74. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS o TOWN OF SOUTHOLD • (516) 765-1809 NEV 34a1#, !/NG POt - I-i9P, r1.4L SlAr )4eb APPEALS BOARD MEMBERS gOFFOj 0~0 C~ Southold Town Hall Gerard P. Goehringer. Chairman ti~ Oy-ka 53095 Main Road Serge Doyeno P.O. Box 1179 James Dinizio, Jr. 0- Southold. New York 11971 ,eber,.r-,,,,Q ~ y Fax (516) 765-1823 Lydia A. Togota ~4j # y Telephone (516) 765-1809 Maureen C. s ermann BOARD OF APPEALS TOWN OF SOUTHOLD LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY APRIL 10, 1997 at the times noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4464 - TOMIS AND KATHY KOURKOUMELIS. Request for a Variance under Article XXIV, Section 100-239.4, based upon the January 31, 1997 Action of Disapproval issued by the Building Inspector, for permission to locate swimmingpoot with fence enclosure set back at less than the required 100 ft. setback from the top of the bank or bluff along the Long Island Sound. Location of Property: 54775 C.R. 48, Greenport; Parcel No. 1000-44-1-2. 6:55 p.m. Appl. #4463 - L. SUTER d/b/a BLUEWATER SEAFOOD. The applicant is requesting the following: (a) Variance relief based upon the January 6, 1997 Action of Disapproval issued by the Building Inspector, which states that a "permit to construct metal frame with canvass roof (addition) to existing retail fish market is disapproved on the following grounds: Under Article XXIV, Section 100-244B, proposed addition to existing retail fish market with accessory seasonal single service utensil seating, proposed construction is on a nonconforming lot located in the B General Business District, has insufficient side yard of less than the required 10 feet. Action required by the Zoning Board; action also required by the Planning Board..."; and (b) Variance relief under Article XIX, Section 100-191 "Off Street Parking Areas" for permission to utilize additional accessory open parking spaces within 200 ft. walking distance of the subject lot identified as Parcel 1000-122-3-7 (Suter), located upon adjoining property identified as Parcel 1000-122-3-6 (now or formerly of Bagshaw). This proposed additional parking area is located at the rear portion of the Bagshaw parcel that is zoned R-40 Residential, and is accessible to serve the immediately adjacent HB business uses. The remaining portion of the Bagshaw property (as well as the Suter parcel) is zoned "B" General Business. Street Address of Property: 11400 and 11500 Route 25 (a/k/a Main Road), Mattituck, NY; County Parcels identified as 1000-122-3-7 and 6. 7:10 p.m. Appl. No. 4466 - PETER WALKER. This is a request for a variance based upon the March 11, 1997 Notice of Disapproval Page 2 - Legal Not* • Southold Town Board of Appeals Regular Meeting of April 10, 1997 issued by the Building Inspector for permission to locate a large portion of accessory tennis court structure in an area other than the required rear yard, Article XXIII, Section 100-231A. Location of Property: 375 Pine Tree Court, Cutchogue, NY; Parcel 1000-98-1-7.17, containing a lot size of 79,135 sq. ft. 7:15 p.m. Appl. No. 4467 - CAROLINE TALBOT. This is a request for a variance based upon the March 4, 1997 Notice of Disapproval issued by the Building Inspector for permission to construct an accessory storage building in a front yard area, at premises located at Fox Avenue, Fishers Island, NY; Parcel 1000-9-1-27, containing a lot size of 18,500+- sq. ft. 7:20 p.m. FINAL HEARING: Appl. #4410 - GARY SACKS and ALAN SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants request a Variance under Article XXIII, Section 100-239.4B for a proposed deck addition within 75 feet of bulkhead, at 125 Mesrobian Drive, Laurel; Parcel #1000-145-4-7. 7:25 p.m. Appl. #44619 - MATTHEW AND LAURIE DALY. This is a request for a variance based upon the March 17, 1997 Notice of Disapproval issued by the Building Inspector, for a building permit to construct new inground pool, which disapproval is based "...under Article III, Section 100-33, accessory buildings, structures and uses shall be located in the required rear yard...." Location of Property: 2505 Deep Hole Drive, Mattituck; Parcel 1000-115-14-12, containing a lot size of 22,500 sq. ft. 7:35 p.m. FINAL HEARING: Appl. #4429SE and 4430, by LILCO, as Contract Vendee, concerning premises referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel), identified as 1000-122-7-6.6, and also known as Lot #2 consisting of 35,798 sf. as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: (a) Appl. No. 4429SE - Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this "B" General Business District. (b) Appl. No. 4430 - Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, and which exceeds 6-1/2 feet in or along side and rear yards. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the time designated. The file is available for public review Page 3 - Legal Nod* Southold Town Board of Appeals Regular Meeting of April 10, 1997 during regular business hours. If you have questions, please do not hesitate to call 765-1809. Dated: March 24, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x ~l 1QrJC~ - P1 10L 51JE' LOGQTi one NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: /ARTTt~ W t LAUkJ b Pr L~ DATE OF PUBLIC HEARING: 7:2 po ` uI q7 -m;=== If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD a (516) 765-1809 NEU) SLQiKAiPJ& PDOL- f FTIQC. sIel~`/vb " AREA VTIiI:TIICG - * k * k h k * h * * I '.Count Law Tmerldnlellts 5267U-3 Effective JulY 1, 19921 AREA 1AR.LLAIICr is authorizaLlon by the ZBA for the use of land in a manner. t.opograpel.cal requirements of Lite welch is not al.l.owed by ulala.on• 5261(1.) of '1'ot,n f..aw. code reg applicable zonl.tly code e rey 'I'Ite new SLaCute no longer lticludes the Lernl "pracLical dl.ff.i.eultY" or. any particlti.ar test, and now provides that ZDAs consJ.det: two bhsic latl.ngs: I.. Lhe benefll: to Lite aPPllcant If Che var.lancA is grant:Rd; alit) 2. Lile detriment Lo the health, safely and genernl. welfare of if I:h tile nolghhurilood or coauntptt7.t.y ChsC would octnu: 9 vat:IRnce were Co be granl:ed. In halancing I:he I.nteres Ca shove, 7.131 must Also coos )der the fol.towittg five for an AItEA 11AIIJAHCE: I., whether an undestrable change wil.l. be produced In the charaeLerof pro terties, if granted; the neiyhbor.hood or a detrimellC Co nearly alit can he achieved by soitte . . 1 1 variance; 2, whether Lite benef.i.tLs~agllttLbyp`he a plic otheL than an area method, feasible for the avariance is srlbstautial.; whether the area nd 4. whether the variance wll.l have an adverse effect or impact on the dA.st jdalid on phys{cal or enviJ:onntenCa], oondltlorls In Lite neighborhood or r dltrr.1cc-1 A d1.so was self-created, 5, weather tile talleged sha1.L be t:el.evant to L-he ZBA's deccil.si.n but seal.:). not preclude Lite grant-1.n(4 of an area varl.ance. Also, as part of the "bal.anc:l.ny collcept," tee new StaUiLe provides that: 6. Lite 'LBA shall grant the ntLni.nnun variance ghat It shall. deem necessary and adequate, and at Lite same Little preserve and protect the character of Lhe ne]yhborhood and the heal.L-h, safety and welfare of the conuounitY. S26-1-b(3-c) of TOW11 [,aw. 1151? Vnl<I,nCi,; c. R k k * • R k h h 1993 (52671)): Am011,ied rule9 effective July 1, 1992; .furl:hRr uapdifl911 .ht1y 1., . the ZnA for tea 'Ise of ).slid in a maoni~rat: 119ti VMIIA IICC is authori.zatlon by roeihitad by the aPP . for a. hurPos9 which Is oClp9rwlaP 't'owns haw )ed or An P' Zoning regulations. (5267(1) thRt: the ZOnl ny 'fee appl.icartt stust demonstrate to the 7A1" For each and every PennitLed use under t:eyulatiolts for Lite Particular. distr..c;L where the property Is located: (a) the appJlcatpt call ltoC real l.ze a reasonable return, provided that' lack.of return is subsitanLial as dento it soaeL ( b) tYips ed hardship r.elaeing to the prop coatpetent (b) the]a.l.lege b or.t.l.ort of the district: wlique and does r]OL apply to a substantial P or nelyltborbood; -11 and Douylaston Civic Tssn. <Otto v. Steinhl.lher 2D2 Illy character . not alter the e Case tests> ,r, Crowley 205Misc• (c) a (c) the request will C of. tee neighborhood; <Rocltester: 'Cransi t: 933; vari.ance denied> d hardship has."Ot been self-eD v. 33 (d) the a:L:LeyP roh.t(>.ted <I101y Sepul h chre CenleterY v. ZTIA 't'own of Gr.eeleed7as apP - neighborood was undevel.oFed; lot was act] while at the use; variance deriled-> hborhood, 2. ZBA m )oUsust t g grant m1.nl.lnullheaclaractercofsthe nei9 same time preserve and protect and the health, safety and welfare of. the camm~nl-tY VIA.-Li- be ot:diance 5267-U(3-c), _ it of Lhe n 3. ZBA nnlsfety e Chat sl uUlio sa and wel.fat:e secarrecl, and substantia-. observed, p juseace done. n A hl the Sr Hit hot<1 '1'o~m Iton rd of AhP Prel,RrR( by Or st.a '.e Iln.w '(gyn. lc 'I'~rvtt Lna Mid nnlr;prl mmpl-. Ilef erenr.es l BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application AFFIDAVIT of Matthew & Laurie Daly (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) y 1 James Foley , residing at 3615 Vanston Road, Cutchogue New York, being duly sworn, depose and say that: 7 1) On the 28th day of March , 199&, I personally mailed, by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner Mailing Address Mr & Mrs Peter Endres Box 311 Deep Hole Dr. Mattituck, NY 11952 Mr & Mrs John Fletcher RR1 Theresa Dr. Mattituck. NY 11952 Mr & Mrs Michael Reese 2605 Deep Hole Dr. Mattituck. NY 11952 Mr & Mrs James Barr 2740 Deep Hole Dr, Mattituck. NY 11952 Pauline Paskanskas 24 W. 10th St, Linden, NJ 07036 Mr & Mrs Stephen King PO Box 863, Deep Hole Dr, Mattituck, NY 11952 Town of Southold 53095 Main Road, Southold, NY 11971 Mr & Mrs Charles Millman 11427 Sutton Place Dr E, Carmel, IN 46032 Geoffrey L Penney PO Box 1440, Mattituck, NY 11952 and, 2) On the 29th day of March 1997, I personally posted the property identified as District 1000, Section 115 , Block 14 , Lot 12 , by placing ?he Town's official poster ten (10) feet, or closer, from the property line facing the street (or facing the right-of-way), and that I have checked to be sure the poster has remained in place or seven full ays prior to the date of the public hearing (date of searing noted th reoi to be held April 10, 1997). 42 Sworn to befor me 1>s (signature) Zary y of 1 997. SUSANNECROKE State of New York Public No 01CR5057407 Qualified in Suffolk County Commission Expires March 25. 1998 (Please return to the office of the Board of Appeals when completed. Thank you.) UNITED STATES POSTAL SERVICE I I First-Class Meal Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • o~ROro,t~ ~ . w,mm,rlg POOL 118.'. Sou r."ay M 17888 I i t i f P 111 068 988 ;SENDER: i -complete hems 1 and/or 2 for additional services. I also wish to receive the i -Complete items 3, 4a, and 4b. following services (for an US Postal Service •Pdm your name and address on the reverse of this form so that we can return this extra f69): Receipt for Certified Mail card to you. -Attach this form to the front of the mailp ece, or on the back if space does not 1. ? Addressee's Address No Insurance Coverage Provided. permit. • Write'Retum Receipt Requested' on the mailpiece below the article number. 2. ? Restricted Delivery Do not use for International Mail (Sea reversal -The Return Receipt will show to whom the adide was delivered and the date sent to delivered. Consult postmaster for fee. MR. 6 MRS. PETER ENDRES Strom d Number 3. Article Addressed to: 4a. Article Number BOX 311 MR. & MRS. PETER ENDRES P 111 068 988 Post Office, State, a ZIP code BOX 311 4b. Service Type 3r NAITITOCE, NY 11952 MATTITDCK, NY 11952 Postage $ ? Registered 1] Certified .33911) ? Express Mail ? Insured Certified Fee ? Retum Receipt for Merchandise ? COD 7. Date of D live wj Spedal Delivery Pee r Restricted Delivery Fee S. Received By: (Print Name) 8. Addres ee's Address (Only if requested 0 and fee is paid) I Retum Receipt Showing to - - F.115 t Whom & Date Delivered - 6. Signat : A ee o Agent) n Retum Roo* Slum" to X Q Date, It Addressee's Address` Ps Fonn 3811, December 1994 Domestic Return Receipt O TOTAL Postage & Fees Postmark or Date oy o a I l I First-Class Mail UNITED STATES POSTAL SERVICE Postage & Fees Paid USPS Permit No. G 10 h • Print your name, address, and ZIP Code in this box • is ortorella Swimming Pools 1784 North Highwa Southampton, MY I )r I i 5 I P 111 0 6 8 9 8 9 d SENDER: 1 also wish to receive the V .Complete items 1 anNor 2 for additional services. 'm .Complete items 3,4a, and 4b. following services (for an US Postal Service 20 .Print your name and address on the reverse of this form so that we can return this extra fee): Receipt for Certified Mail j . -Attach h this is form to the from of the meilpiece, or an the back it space does not t, ? Addressee's Address No Insurance Coverage Provided. o permit. •Z• Do not use for International Mail See reverse • aWrite'Refum Receipt Requested'on the mailpiece below the article number. 2. ? Restricted Delivery W a The Return Receipt will show to whom the article was delivered and the date Sent to delivered. Consult postmaster for fee. MR. 6 MRS. JON FLET v 3. Article Addressed to: 4a. Article Number 3- Street Number 1 THERESA DRIVE V MR, 6 MRS. JON FLETCHER P 111 068 989 Post Office, State, 8 ZIP Code 06 R1 THERESA DUVE 4b. Service Type o` MATTITOCK NY 11952 0 NAITITOCK, NY 11952 ? Registered Certified ¢ Postage ? Express Mail ? Insured 5 w Certified Fee / G ? Retum Receipt for Merchandise ? COD 7. Date of Delivery Special Delivery Fee 3a?q s.9 1 I ResMcted Delivery Fee 5. R"vedEly 1(P ' e 8. Addressee's Address (Only if requested m U 1 and fee is paid) L• m Return Receipt Showing to r/ ¢ V t- Whom 6 Date Delivered 0 6. Sign r ' A gB ) Me or n Rehm Receipt Showing T X~ < Date, 8 Addressee' _0 TOTAL Pos fge8 Fee` ~G 2 PS Form 3811, December 1994 Domestic Return Receipt do _k M PostmarkarDatti W' Q1, LL Ur a i I F First-Class Mail " UNITED STATES POSTAL SERVICE I Postage & Feas Paid 4 USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • F t ortorelia Swimming Pools 1764 North Highway Southampton, N_Y 11388 (616) 263-7373 r i i i P 1E 1 0 6 8 9 8 7 SENDER: m 9 I also wish to receive the • Complete items 1 and/or 2 for additional services. n • Complete items 3,4a, and 4b. following services (for an US Postal Service n e Prim your name and address on the reverse of this form so that we can return this extra fee : Receipt for Certified Mail caratoyoa. No Insurance Coverage Provided. d Attach this form to the from of the mailpiece, or on the beck Ifspace does not 1. ? Addressee's Address permit. Z Do not use for International Mail See reverse w •WntWReturn Receipt Requesred•on the mallpiece below the article number. 2. ? Restricted Delivery Sent to 'The Return Receipt will show to whom the article "a delivered and the date Ng- & MRS, MICHAEL E. E E a delivered' Consult postmaster for fee. Street & Number v 3. Article Addressed to: 4a. Article Number m 7609 DEEP HOLE DRIVE MR. MRS. Post Office, State, &ZIP Code ° 6 MICHAEL E. REESE P 111 068 987 MArrTTITCK, E 2605 DEEP HOLE DRIVE 4b. Service Type 3~ Postage $ 3. MATTITOCK, NEW YORK 11952 ? Registered Certified of w ? Express Mail ? Insured nI Certified Fee ¢ ? Return Receipt for Merchandise ? COD i Spada) Delivery Fee 7. Date of Delivery ~ Z 3 rn Restricted Delivery Fee F 5. Received Y:( 'nt Name) 8. Addressee's Address (Only if requested c l Return Receipt Slowing to f and fee is paid) L i 0"r& / g 6. Signature:(A Return dresse rAgent) eqt 'MdF, i Data, Addr 's OT X i 0 rofar Po,- a PS Form 3811/, o ember 1994 Domestic Return Receipt Postmark or Date I- First- Class . k UNITED STATES POSTAL SERVICE Postage & F Mailees Paid USPS Permit No. G-10 F r name, address, and ZIP Code in this box • RTORELLA SWIMPIING POOLS, INC. ORTH HIGHWAY MPTON, NEW YORK 11968' I i P 111 0 6 8 9 8 2 to ENDER: I also wish to receive the :C mplere Rams t ancVor 2 for additional services. a complete items s, 4a, and 4b. following services (for an US Postal Service m • Prim your name and address on the reverse of this forth so that we can return this extra fee): Receipt for Certified Mail card to you. ; •Adach this form to the from of the mailpiece, or on the back R space does not 1. ? Addressee's Address t No Insurance Coverage Provided. permit. o Do not use for International Mail See reverse $ •wdte'Retum Receipt Requested'on the mailpiece below the article number. p, El Restricted Delivery W •The Return Receipt will show to wham the anise was delivered and the date serf to delivered. Consult postmaster for fee. 9,Lr MR. 6 MRS. JAMES BARB ° 3. Article Addressed to: 4a. Article Number ml Street & Number 71 RR2 2740 DEEP HOLE DRIVE 3? MR. & MRS, JAMES BARR P111 068 982 c_ Post Office, State, &ZIP Code'' RR2, 2740 DEEP HOLE DRIVE 4b. Service Type ml MATTITOCK NY 11952 v MATTITOCK, NY 11952 ? Registered 12 Certified c Postage $ 3 ? Express Mail ? Insured 5 m Certified Fee ? Return Receipt for Merchandise ? CAD 7. Date of Delivery °j Spacial Delivery Fee pi 7 >1 Restricted Delivery Fes 5. Received By: (Print Name) 8. Addressee's Address (Only if requested c1 , N and fee is paid) tm C, Rmum Receipt Showing to Whom & Date Delivered / g 6. Sign re: (Addresses or Agent) n Rehm Receip[SFOwig toYlhom, O. X ~/VL Dare, & Addressee's AAdme m 0 TOTAL Postage &Feag:."L$ PS Form 811, December 1994 Domestic Return Receipt M Postmark or Date i o. 7 C UNITED STATES POSTAL SERVICr" =First-ClassMail • Print your me, address, and ZIP Cade°in this box • ~ - ff I- ortorella Swimming Pools 1764 North Highway Southampton, N.Y 11968 (516) 283-7373 I I 7 P 111 0 6 8 9 9 0 o SENDER: I also wish to receive the •Complete items 1 anNor 2 for addNonel services. o .Complete items 3,4a, and 4b. following services (for an 'f d •Print your name and address on Me revenue of this Ion so that we can return Na extra fee): US Postal service - d card to you. 9 Receipt for Certified Mail > -Attach this form to the from of the mailpiece, or on the back if space does not 1. ? Addressee's Address Z permit. No Insurance Coverage Provided. u sWrde'Retum Receipt Requested' on the mailplem below the article number. 2. 11 Restricted Delivery y Do not use for International Mail See reverse ! $ sThe Return Receipt will an" to whom the article was delivered and the date «n Sentto delivered. Consult postmaster for fee. PAULINE PASKANSKAS a 3. Art cle Addressed to: 4a. Article Number S 8 Number 2 &y PAULINE PASKANSKAS P 111 068 990 E 24 WEST 10TH STREET Post Ollice, S ate, a zip Code 24 WEST 10TH STREET 4b. Service Type m LINDEN NEW JERSEY 07036 LINDEN, NEW JERSEY 07036 ? Registered j7 Certified c Postage $ ? Express Mail ? Insured 5 ? Return iptforMerchandise ? COD Certified Fee j 7, f3gte eliv ry = i J y ~ Special Delivery Fee 5. Received By: (Print Name) 8. Ad essee's Address (Only if requested Restricted Delivery Fee and fee is paid) L I N F Return Receipt Showing to Whom 8 Date Delivered I ~I I o 6. 'gnaI97 (Addressee or gent) ti3 Who , ^ - L Realm Receipt Showing to Vfhan X Q0 Date, 8 Addressee's Address q PS dorm 811, December 1994 Domestic Return Receipt O~ :TOTAL Postage 8 Fees + Postmark or Date E 0 a LL L I_ j, UNITED STATES POSTAL SERVICE First-Class Meil - Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • J. TORTORELLA SWD4 1NG POOLS, INC. 1764 NORTH HIGHWAY SOUTHAMPTON, NEW YORK 11968 I t i P 111 068 984 + o SENDER: US Postal Service W -Compete name 1 and/or 2 for additional services. I also wish to receive the Receipt for Certified •Compete Rome 3, 4e, and 4b. 1O11OWing services (for an Mail • Pdm your name and address on the reverse of this form w that we can return this extra fee): No Insurance Coverage Provided. card to you. Do not use for International Mail See reverse ' -WrAttach this torn to the from of the mallpiece, or on the back if apace does not 1. ? Addressee's Address Sent to est' a -The Return Receipt Requested-on the mai i below the article number. Q, El Restricted Delivery ~ -The Return Receipt will show ow to o whom the article e was delivered and the data Street & Number delivered. _ Consult postmaster for fee. v 3. Article Addressed to: 4a. Article Number Post Office, State, & ZIP Cade cc_ MR. & MRS. STEPHEN RING P 111 068 984 P.O. BOX 863 4b. Service Type Postage $ ^ MA TITOCKe NEW YORK 11952 ? Registered ® Certified Ic Certified Fee r ? Express Mail ? Insured a, Special Delivery Fee ~ ? Return Receipt for Merchandise ? COD ~ i 7. Date of Delivery Resldded Delivery Fes _ c o~, Return Rweipt Showing to ¢ 5. Received By: (Print Name) 8. Addressee's Address (Only if requested whom & Dale Delivered / and fee is paid) Return p Date- &AddrMce's Mosass O 6. Signatu[a:-{nddres{1ee-or A t) X \J W~ CCD TOTAL Postage & Facts $ ` PostmarkorDate PS Form 3811r December tsga Domestic Return ReceP i t a 7 i f UNITED STATES POSTAL SERVICE I I I First-Class Mail - Postage & Fees Paid USPS Permit No. G-10 r • Print your name, address, and ZIP Code in this box • J. TORTORELLA SWINKING POOLS, INC. 1764 NORTH HIGHWAY SOUTHMPTON, NEW YORK 11968 I~ 1 I I i,~,n,~.r~r~r,,,N,~6~r,~r~i.~ r.r?„r„r,r,r„r,r„r,r„r,r,,,r,r„r,r.n,.,r ~I P 111 068 983 M SENDER: v •ComPlete Hems 1 and/or 2 for additional services. I also wish to receive the e • Complete items 3, 4a, and 4b. US Postal Service Y • Print your name and address on the reverse of this form so that we can return this Ve ing services (for an Receipt for Certified Mail q cardtoyou. ex No Insurance Coverage Provided. > • •Aaacn mie roan In the front of the mailpiece, or on the bade if apace does not 1, ? Addressee's Address E o permit. L Do not use for International Mail See reverse y •wdte'Rstum Receipt Requested'on the mailplem below the article number. 2. ? Restricted Delivery Sent to $ The Return Receipt will show to whom the article was delivered and the date TOWN OF SOUTHOLD delivered. Consult postmaster for fee. Street & Number v 3. Article Addressed to: 4a. Article Number ¢r: 53095 MAIN ROAD TOWN OF SOUTHOLD Post Office, State, 8 ZIP Cade P 111 068 983 E I~ SOUTHOLD NY 11971 E 53095 MAIN ROAD 4b. Service Type postage Is "Y'l u SOUTHOLD, NEW YO OJT ~9 y ? Registered ® Certified eC Certified Fee .L ? Express Mail ? Insured S t] to 3 r y ? Return Receipt for Merchandise ? COD Spedal Delivery Fee 1~(JJ1 r0 7. Date of Delivery 2 'v vV o I Restricted Delivery Fee > 1 ,n , received By: (Print Name) PS 8. Addressee's Address (Only ff requested Y Return Receipt if \ Shblism '161 ¢ r C a~K UN and lee is paid) m F Whom &Date .Sign r (Addresse rAgen n RManfleceipt Date, It Pddr X TOTALP gAFees J 2 - PS Form 3811, December 1994 Domestic Return Receipt M Postmark or DllrG - LL Y II L I~~ TAL SERVICE First-Class Mail Postage & Fees Paid USPS Print our name, Permit No. G-1p Y address, and ZIP Code in this box • J. TORTORELLa 1764 NORTH HIGHfdS~NG POOLS, INC. SOUTHA"TON' NEW YORK 11968 rr 1I- 1 I IJh.hJLf„f,hhLJ~L„LLrLIdL„i r C P 068 111 985 " SENDER: f to +Complate Items 1 and/or 2 for additional services. I also wish to receive the US Postal service W -complete items 3, 4a, and 46. following services (for an t for Ce -Print your name and address on the reverse of this form so that we can return this extra fee): Recei 02 card to rt d Mail -Adachoh this form to the from of the me lp ece, or an the beck if apace dose not 1, El Addressee's Address No Insurance Coverage Provided. D o n ot use for International Mail See reverse 4, r f-,Return Reosipf Requested-on the mailpiece below the article number. 2. 11 Restricted Delivery y Sent to The Return Receipt will show to whom the article was delivered and the date MR. & CNARLFS c delivered. Consult postmaster for fee. l° Sir" & Number 11427 ~ 3. Article Addressed to: 48. Article Number Post DZIPCN PLACE DRIVE S7 MR. 6 MRS. CHARLES MILLMAN P 111 068 985 1- Office, Slate, S 8 ZIP Code ' IN 46032 11427 SUTTON PLACE DRIVE EAST 4b. Service Type d Postage $ CARMEL, IN 46032 ? Registered Certified x ? Express Mail ? Insured /f a Certified Fee ? Return Receipt for Merchandise ? COD el/ SPedal Delivery Fee 7. Date Restricted Delivery Fee OfV i17 S. Received By: (Print Name) 8. Addressee's Address (Only it requested N Return D Pt Showing to and fee is paid) I atet3eliverea 'a Return R~ p/.,,^,•,,~, .u.g 6. Signatu - (Addressee r entJ II 60 b ~AP59Be'S Ady T X W I TOT/t. Pow $ PS Form 3811, December 1994 Domestic Return Receipt ' P or Date 1 I I i UNITED STATES POSTAL SERVICE I I Fifst-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box a ortorella Swimming Pools 1764 North Highway Sotahampton, N.Y 11 I f 7 i I. P 111 068 986 dSENDER: 9 .Complete items 1 and/or 2 for additional services. I also wish to receive the a .compete home 3, 4a, and 4b. following services (for an - m .Pant your name and address on the reverse of this form so that we can return this US Postal Service card to you extra fee): Receipt for Certified Mail Attach this form to the from of the ma lpiece, or on the back if space does not 1. ? Addressee's Address No Insurance Coverage Provided. ,pen"d' m Write 'Return Receipt Requested' on the mailpiece below the article number. 2. ? Restricted Delivery Do not use for International Mail See rovers . .The Return Receipt will show to whom the adide was delivered and the date Sent to ' e delivered. Consult postmaster for fee. GEOFFROY L. PENNY Street & Number w 3. Article Addressed to: 4a. Article Number SI~- a$i GEOFFROY L. PENNY P 111 068 986 EI= P.O. BOX 1440 21 Post Office, State, & ZIP Code 3 - P.O. BOX 1440 4b. Service Type M&1TITOCK, NY 11952 ? Registered XX1 Certified = _MrrTTUCK - IT' 11957 Postage $ ? Express Mail ? Insured 5 W Certified Fee - ? Return Receipt for Merchandise ? COD ~1 7. Date~f alive Special Delivery Fee a J 3 j" 9 01 5. Received By: (Print Name) 8. Addre ee's Address (Only if requested a i Restricted Delivery Fee F m and lee AS Dalai Showinto ¢ F Return Recept g Whom & Dpte 'y@lRt"-.., g 6. Signatul <Date, sA&ress. X ~n rl~f itillrlnrhl~ii liln lr ll C- - - PS-FormK-- ,pt Oco TOTAL.POs~go _ _ M Posbnerk Or , t1 7 APPEALS BOARD MEMBERS • ~~gUFFOr,~CO ~O p Southold Town Hall Gerard P. Goehringer, Chairman Z-3 %A 53095 Main Road Serge Doyen y x P.O. Box 1179 James Dinizio, Jr. O ye Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 Maureen C. Osternem BOARD OF APPEALS TOWN OF SOUTHOLD April 10, 1997 S. Z. Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4468 Project/Applicants: Matthew and Laurie Daly County Tax Map No. 1000- 115-14-12 Location of Project: 2505 Deep Hole Drive, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct new inground pool in area other than the required rear yard This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law 444-4 of the Town of Southold. An Environmental Assessment (Short) Farm has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990).. Although this action is classified as Type II for this variance application under SEQRA (specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (51-6) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. oS~ffGur moo.. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY 1 TELEPHONE TOWN (LRRK (516) 765-1801 RI GNI RAR OL VIT U STATIST RCS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4468 DATE: MARCH 24, 1997 Transmitted is an application for a variance submitted by Tortorella Swimming Pools, Inc. on behalf of MATTHEW & LAURIE DALY together with Notice of Disapproval from the Building Department & survey. Judith T. Terry Southold Town Clerk i REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because we may not renovate existing deck or swimming pool. Walls of current swimming pool are deteriorating and require replacement. With strict application of the ordinance we may not renovate the pool, leaving us with an unusable pool. Compliance with the rear yard requirement would require us to move the location of the pool. This option is cost prohibitive and would significantly alter the property. 2. The hardship created is UNIQUE and is not shared by all Properties alike in the immediate vicinity of tills property and In this use district because both the deck and pool have individually received approval from the Town, but as a whole are in violation of zoning code. The approved deck and swimming pool were installed by a prior owner and were assumed to be in compliance since permits and Certificates of Occupancy were received. As the current owners, we are unable to make necessary improvements. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the deck addition and swimming pool have been in existence for nine years with no adverse effect on the character of the neighborhood. STATE OF NEW YORK ss 1 Sign ura COUNTY OF SUFFOLY Sworn to this day of..........\C. 19 ~ . y Notary Pu tic MEIANIE V. BRt7MIN Net" Pdit SW al Notw York No. ItitW12 Canmipbn Expkft 001.1~9~ 19 TOWN OF SOUTNOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE March 19, 1997 TO THE ZONING BOARD OF 'APPEALS, TOWN OF SOUTHOLD, N. Y. iI (We) Matthew ti Laurie Daly 2505 Deep Hollow Drive omm@e o f F..KI;Pe l .l ont .......................of Si reet an d N um.........ber N ................liattituck ........,.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED .Hal ch 17r 1997,.,.,..,,,.,,,,,.,......, WHEREBY THE BUILDING INSPECTOR DENIED TO Matthew 6 Laurie Daly Name of Applicant for permit of 2505 Deep Hollow Drive Mattituck NY Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (R) Construct an Inground Pool 1. LOCATION OF THE PROPERTY 3S.QS..Aegg„Hq,}lqv„r, /i attitck„I R40,, , Street /HQE 7-1U-se, blatrict on Zoning Map District 1000 Section 115 0lock14 Lo . t . 12 Current Owner . Matthew 6 Laurie Daly Mop No. Lo..t No. Prior Owner 4256 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-33 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (g) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) ha not been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Doted REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (g) A Variance to the Zoning Ordinance is requested for the reason that an oaisting pool and deck, both of. Which have received= approval from the Town, be acknowledged and permitted to be renovated. Construction of a pool-and deck by the prior owner, received Certificates of Occupancy from the Town (attached), even though the pool and deck did not meet the requirement that an accesory use (pool) be located in the rear yard. Fonn ZBI (Continue on other side) i • POM xa 4 0 TOWN OF SOUTHOLD t BUILDING DEPARTh NT To Clark's Southold, N. . Y. ~a Certificate Of Occupancy No.Z7274...... Date ............Oct.... 5......, 196. Street THIS CERTL~ S that the building located at ,Deep Hole Drive Map No.. Block No... Lot No.. zX. . Matt; tuck. i , r . . conforms substantially to the Application for Building Permit heretofore filed in this office 3/6/75 79282 dated 9.76..., 19.... pursuant to which Buding Permit No. g7 . 5/14 75 dated .....5/3/76..........., 19...., was issued, and conforms to all of the require- ments of the applicable provisicas of .he lays. The occupancy or which this certificate is :LZMI issued is ..~'riVata ...m. poo w!th :ence & accesserys accv Bldg The certificate is issued to JQbA .J,..7albot Wzer......... (owner, lessee or tenant) of the aforesaid building. Suffoik County Department of Health Approval Lr,?TDERWRITERS CE1tTIF1CATB No. HOUSE NUMBER 25Q5.... Street - ....Deep.> p:!, '-Iv-- Building Inspector FORM NO. 4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CE.RTIFT_CATE OF OCCUPANCY 40 Z18774 Data FF..BRUARY B, 1990 THIS CERTIFIES that the building ADDITION Location of Property, 2505 DEEP HOLE DRIVE MATPITUCY House No. Street Hamlet Count; Tax Map No. 1000 Section 115 Block 14 i,ot 12 Subdivision Filed Map No. Lot Na. conforms substantially to the Application `or Building Perms. heretofore film this office dated JULY 151 1988 pUrs.an- o wr icn Building ?emit No. 1-7257"" dated JULY 21 1988 was issued, and conforms to all of the requirements of the applicable provis ors of =he law, The ccc-upancy _a,r h-ch this cert,f case i, issued is DECK ADDITION TO AN EXISTING ONE FAM'.1'. ^U-EI.;.LNG. The cart _icate is issued to TOHN J. S 9EI ~4 X. "'.ALSO: _ (owner, LXX)CKXX 1CC1XvWY, of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF SALT? APPROVAL N/A J*iDE.k3rR=RS CERTIFICATE N0. _ N/A PLU)SFRS CERTIFICATION GATFD N/A r Bdirg IDBpec.tor Rev. 1/81 • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of tthe 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.) Matthew 6 Laurie Dal B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes {g } No. (,If Yes, pleaso attach copy of "conditions" of sale.) C. Are there a=y proposals to change is alter 3.=d contcurs? { } Yes { No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? No E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N.A. (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fens which exist and are not shown an the survey map that you are submitting? x„ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No 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? No If yes, please explain where or submit copies of deeds. 1. Please list present use or operations conducted at this parcel Residence and proposed use residence Autnorized Signature aria Date 3/87, 10/901k