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HomeMy WebLinkAbout4484� z1 Qp. -Cc o ,x ? P.uei z8tt `f'tj- — Pec-l�rTCGr1 . fa�Li/fl, N/G�E1zce, E6 -- �T 6u.zd r�✓E.s i�v Ti -!c �,�ov i `�ae�-_. 4,- Azl r r�7 v _ C 55af� �r iUGS J f APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortorraa dd Maureen C. Ostermann h�o��gUFFO(,�-CO� o y� N x 1 �Jp• owl 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 JUNE 19, 1997 Appl. No. 4484 - EBERHARD MUELLER PARCEL 1000-101-2-24.5 STREET & LOCALITY: 3705 Alvah's Lane, Cutchogue DATE OF PUBLIC HEARING: June 19, 1997 FINDINGS (POP RERTY FACTS): DESCRIPTION: This property is located in an A -C Agricultural - Conservation Zone District, being situate on the westerly side of Alvah's Lane, Cutchogue, with 262.88 ft. of road frontage. This lot contains a total area of 80,000 sq. ft. as depicted on the Febru- ary 27, 1997 survey map and is improved with an existing dwelling structure and five accessory buildings. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated April 28, 1997; Article III, Section 100-33. AREA VARIANCE RELIEFREQUESTED BY APPLICANT: For approval of the location of a new dwelling to the rear of all existing accessory buildings, leaving a front yard location for the accessory buildings. 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 construction of a new single-family residence in this location will be an improvement to the property and neighborhood and at the same time preserve the historic value of the accessory farm buildings. (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 proposed house is situated in a manner to provide maximum use of the remaining property for farming. (3) The requested area variance is not substantial in relation to the location of farm complexes built prior to the enactment of zoning. Page 2 - June 19, 1997 Appl. #4484: 1000-101-2-24.5 (Mueller) Southold Town Board of Appeals (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 variance request is minimal. (5) The situation has not been self-created because the cottage and accessory structures were constructed prior to the enactment of zoning. (6) This action 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: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied, and SUBJECT TO THE FOLLOWING CONDITION: Upon completion of the new single-family residence and prior to issuance of a Certificate of Occupancy for same, the existing cottage shall be converted to an accessory structure. In no event shall the cottage be considered a habitable living unit, nor shall it be used as such. VOTE OF THE BOARD: AYES: MEMBERS DOYEN, DINIZIO, TORTORA, OSTERMANN, and GOEHRINGER. This resolution was unanimousl ed. RESOLUTION ADOPTED 6/ /97 GERARD P. GOEHRINGER, CHAIRMAN ********************* Actions. 97/101-2-24.5 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE( HOUR � is o �47 Town Clerk, Town of SoLtr old M= APPEALS BOARD MEMBERS, r Gerard P. Goehringer, Chairman Serge Doyen James Dinizio. Jr. &$A% Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUT OLD NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF, APPEALS THURSDAY, JUNE 19, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 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 IN CHRIST. Request APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 19, 1997 at the times noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4475 - MARY FISCHETTI (carryover). 6:55 p.m. Appl. No. 4483 - ANDREAS VASSILIOU. Request for a Variance under Article III -A, Section 100-30A.4 based upon the March 21, 1997 Action of Disapproval issued by the Building Inspector for permission to locate an accessory gazebo in a front yard area at premises known as 580 Inlet Drive, Mattituck, NY; Parcel ID #1000-106-2-1. Zone: R-40 Residential. 7:05 p.m. Appl. No. 4482 - CHURCH OF GOD IN CHRIST. Request for a Variance under Article XX, Section 100-205 based upon the April 30, 1997 Action of Disapproval issued by the Building Inspector for permis- sion to locate a new ground sign in excess of the size requirements of the code. Location of Property: 15625 C.R. 48, Cutchogue #1000-101-1-10. Zone District: Agricultural -Conservation Parcel Page 2 of 3 - Legal ,'tice Southold Town Board of Appeals Regular Meeting of June 19, 1997 7:10 p.m. Appl. No. 4488 - LAWRENCE AND JOSEPHINE PEARLSTEIN. Request for a Variance under Article XXIV, Section 100-244B for permission to construct addition, a portion of which will not meet the minimum required front yard setback at premises known as 2225 North Sea Drive, Southold; County Parcel 41000-54-4-23. Zone District: R-40 Residential. 7:20 p.m. Appl. No. 4484 - PAULETTE SATUR MUELLER and EBERHARD MUELLER. This application is based upon the April 28, 1997 Action of Disapproval by the Building Inspector. Variances are requested under Article III, Section 100-33 for approval of the location of a new dwelling to the rear (behind) existing accessory buildings, leaving a front yard location for the accessory buildings. Location of Property: 3705 Alvah's Lane, Cutchogue; County Parcel #1000- 101-2-24.5. Zone District: Agricultural -Conservation. 7:35 p.m. Appl. No. 4480 - NICKHART REALTY. This application is based upon the September 18, 1996, updated April 28, 1997 Action of Disapproval by the Building Inspector which states: "...1) Insufficient lot area and depth in an R-40 Zone. A lot is required to have an area of 40,000 sq. ft. and is -required to have a depth of 175 feet. Article III -A, Section 100-30A.3, 2) Insufficient front yard setback for a non -conforming lot - Article XXIV, Section 100-244B ...." Location of Property: 53400 County Road 48, Southold, NY. County Parcel #1000-52- 2-13. Zone District: R-40 Residential. (Also, proposed two parcels contain insufficient lot depth, and principal building envelopes show T' Page 3 of 3 - Legal' -'tice Southold Town Board of Appeals Regular Meeting of June 19, 1997 proposed reduction in the required rear yard setbacks of future dwellings.) 7:55 p.m. Appl. No. 4487 —DONALD AND PATRICIA FEILER (Owner: Homan Realty). This is a request for a Special Exception under Article VII for conversion of building from single-family to "business and professional offices" as provided by Section 100-71B, subsection 2. Zone District: Residential -Office (RO). Location of Property: 11725 Main Road, Mattituck; County Parcel No. 1000-141-4-40. 8:00 p.m. Appl. No. 4469 - RAYMOND FEDYNAK. (Carryover) 8:15 P.M. Appl. No. 4489 - DOUGLAS W. McGAHAN (Owner: Evelyn Fleet) . Applicant is requesting a Waiver under Article II, Section 100-26, for nonconforming lot identified as 1000-103-07-11, which adjoins nonconforming lot 1000-103-07-12, under Article Ii, Section 100-26. The lots in question were created by a deed dated 2/1/1923, and dated 10/26/1964; under Section 100-25 the lots in question are nonconforming and have merged because they have been held in common ownership at some time after July '1, 1983." Location of Property: Stillwater Avenue, Cutchogue, NY; also shown as Lots 7 and 8 on the Map of Green Acres filed in the Suffolk County Clerk's Office November 3, 1971. 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. The above hearings will not start before the time designated. Each file is available for reviews during regular business hours, and written comments may be submitted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: May 29, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski -� FORM NO- 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: .ARLil.M.A. 97 ............. To _, Wickham, Wickham 6 Pressler, P.C. a/c Droscoski P.O._ Box 1424 .................................. Mattituck, N.Y. ...11952 PLEASE TAKE NOTICE that your application dated ..AERIL_l5......_.._. .19.47... for permit toCONSTRUCT A_SINGLE FAMILY_DWELLING________ ____________________ at Location of Property ..3705_4p44S_LANE_ ___ __ _____e__CUTCHOGUE,.N,Y:___ House No. Street Hamlet County Tax Map No. 1000 — Section .... 101.... BLOCK .... 2...... LOT --- ?4,5...... Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds _ 0.0 _AC.7OH�............... ACCESSORY BUILDINGS S STRUCTURES OR OTHER ACCESSORY USES SHALL BE LOCATED IN THE ........................................................................................ REQUIRED REAR YARD. ARTICLE III CHAPT. 100-33. " .....................".__...___.._..._........._......_._.._......_......._.._.___..__.____ ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. ...'-'--" ..........................._._...............___......_...__.__..._.._...-_ IN INSPECTOR TORR GARY J. FISH RV 1/g0 - FORM NO, t TOWN OF SOUTHOLD y =� SUILDINO DEPARTMENT TOWN HALL SOU'1HOLD, N.Y. 11971 :TEL.: 765.1802 i .3I 1 tb P1 Examined................ 19.., s Approved ... 7 .-„ I'l et¢ntt2 •P� ..... . Disapproved, a/c .r:j ....... .1/t���� �.. BOAR0'OF HEALTH ........ 1 SETS OF PLANS ........ SURVEY.......... CHECK ....... SEPTIC FORM ............ tiOiiFYi CALL ................. MAIL TO: (Building Inspector) APPLICATION FOR BUILDINdPERMIT Date':. Agr l 11 199.7. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink aria submitted to the Building Inspector, with sets of plans, accurate plot plan to scale, Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public street or areas, and giving a detailed despription of layout of property. must be drawn on the -'diagram which is part of this appL cation. c. ' The work covered by this application may not be commenced before issuance of Building Permit. . d. Upon approval of this application, the. Building Inspector will issued a Building Permit to the applicant. Such perml shall be kept on the premises available for inspection throughout the work. . e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupanc; shall have been granted t,y the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to th Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances o Regulations, for the construction of buildings, additions'or alterations, or for removal or demolition, as herein described The applicant agrees to comply with all applicable laws, ordinances, building code, housing,code, and regulations, and tc admit authorized inspectors on premises and in building for necessary ins corns ray............. ` ...:........ (S" ig ature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner,. lessee,*agent, architect, engineer, general contractor, electrician, plumber or builder. Agent. -. attpxnay. I px. pantxapt. vendee.. ... .................................... Owner: Eberhard Mueller and Paulette Satur Mueller Name ofownerofpremises Cpntragt.Vendee...Pau]atte.Satur......................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. .............................. (Name and title of corporate officer) Builder's License No. .............:.......... . Plumber's License No. . . .... . .:.. . ........... . Electrician's License No. ................ Other Trade's License No . .......... . ......... . Location of land on which proposed work will be 'done. . .3705 Alyah's Lane; Cutchogue; ??: (� !; '...................................... ..............,............... House NumberStreetHamlet County Tax Map No. 1000 SectioRl..:............... Block ... ?..........:... Lot ..24:5.......... Subdivision . .. ........... Filed Map No. .:.:... Lot .: (Name) State existing use and occupancy of premises and intended use and occupancy of proposed,constructioni a. Existing use and occupancy .. , ; , , ,Single .family, residence with accessory agricultural buildings b. Intended useand occupancy Construct new, atpgie,•family,residence and convert existing; SFR, into accessory structure L. , 3. Nature of work (check whBu ich applicable): New,ilding .. x ....... Addition .......... Alteration .. x.: Repair .............. Removal ............... Demolition .... .:.......... Other Work ............... (Description) 4. Estimated Cost .............. Fee..................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units' ..... one ... I ..... Number 65F dwelling units on each floor ................ Ifgarage, number of cars ................................... ...... ......... . 6. If business, commercial or mixed occupancy, specify nature and cxtent oreach type of use ..... A .......... . 7. Dimensions of existing structures, if any: Front ....... :....... Rear. ............... Depth .............. Height............... Number of Stories ...................................................... . Dimensions of same structure with alterations or additions: Front Rear .................. Depth ...................... Height ........... ....... Number of Stories ...........:. . 8. Dimensions of entire new construction: Front ..............: Rear ............... Depth ... .......... , .height ............... Number of Stories ............. ......... ................... . 9. Size of lot: Front .....2,64: Rear ....Z64 ................ Depth ,300± 10. Date of Purchase , , pending , , Name of Former OwnerAlbert, . Y. I .. ski,,, et al , , , , 11. Zone or use district in which premises are situated ...... A :C .........:.. ...... . 12. Does proposed construction violate any zoning law, ordinance or regulation: .... , ............................. 13. Will lot be regraded . NO ... •........:...... Will excess fill be removed from premises: Yes Nc 14. Name of Owner of premises Eberhard Mueller.... Address (see below) Phone NoJ(fe .below), Name of Architect .Sellcican£ .AtchitteGt:a ..`.%..:. Address 62 WhiteSt NYC ,100.1g'hone No, ?12 .219-95.7,1 Name of Contractor .....'..................... Address .................... Phone No.............. . 15.' Is this property within 300 feet of a tidal wetland? *Y,es........ No...?..... *If yes,'Southold Town Trustees Permit may..be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set -back dimensions frotr property lines. Give street and block number or description according to deed, and show street names and indicate whethe; interior or corner lot. See attached survey. Address:. 800 F.i'fth Avenue; Apt. 3A New York, New York 10021 Telephone no.: 212-752-6889 STATE OF NEW YORK S.S COUNTY OF ................ . ,• Abigail .A. Wickham (Name of individual signing contract) above named, being duly sworn, deposes and says thagie is the applicant r- attorney for the.contract,veiudeeof owner _�3eisthe..... .... .......... ........... (Contractor, agent, corporate off, cer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and File this application; that all statements contained in this' application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. ;worn to before me this ��� , ..�.dday o J��.... '. .., 19y. Jotary Public, .•6 `..1, i bounty MORAIIY t11oAt . .. ..... .......:.............g .............. . apt, Abigail Wicll mr (Si nature of aenlicant) Commission Exo�'� Febru" T7. / 9 9 `j REC D : MAY 21997,c` TOWN OF SOUTHOLD, NEW YORK �±a,t L/yam _L- AJO&CMA001SION OF SUILDIhIG INSPECTOR APPEAL NO. Z� Zl ;1 DATE April 29',...997.. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. EBERHARD MUELLER AND 1 (We) PAULETTE..SATUR MUELLER, ,, , ,,,..of ,3705„A1vahs Lane.........I. ........................ ......... Name of Appellant Street and Number Cutchogue .....New York............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO; --........ ...... .............. . DATED .,April, 11;„ 1997„ WHEREBY THE BUILDING INSPECTOR DENIED TO Abigail A. Wickham, Esq., Agent for owner: Eberhard Mueller and Paulette Satur Mueller .....:...............................I.........I.................. Name of Applicant for permit of 3705 Alvahs Lane Cutcho ue. ................... ew York 11935 .....St.r.e.........:................................................. P .. ..tate...................... Street and Number Munici alit State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( x) Permit to construct a single family dwelling 1. LOCATION OF THE PROPERTY ..................... Street /Hamlet / Use District on Zoning Map District 1000 Section 101 Block 2 Lot 24.5 Eberhard Mueller and current Owner Paulette Satur Mueller fvlop No. Lot No. Prior Owner Albert Droscoski, et al 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 Ili Section 100-33 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 290A Subsection 3 ( A. PREVIOUS APPEAL A previous appeal (hard (has 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 andwas made in Appeal No . ................................Dated...................................................................... REASON FOR APPEAL (`) A Variance to Section 280A Subsection 3 ( x) A Variance to the Zoning Ordinance is requested for the reason that applicant desires to construct a single family residence in the location shown on the attached sketch, leaving the existing barn and accessory structures in the front yard area. The existing single family residence, which is a very small cottage in poor condition, will be converted to an accessory use. roan ZBt (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because the barn and other accessory structures have been in this location for many years prior to the enactment of the zoning ordinance. Their continued use as accessory structures is essential to the residential and farming activities on this parcel and the adjoining farmland owned by the applicant. The property which is the subject of this application is the "reserved parcel" in a prior sale of the development rights to the adjoining 16 acre parcel, also owned by applicant.. Both parcels will be utilized by applicant for farming purposes. 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 the structures which are creating the non-compliance with the zoning ordinance are pre-existing. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use of the property will not change, it will continue as a farm and single family residence. In addition, applicant has designed the proposed residence to form a courtyard effect with existing buildings and located the proposed residence, so as to maximize use of the remainder of the parcel as farmland. STATE OF NEW YORK ) ss COUNTY OF Sworn to this ...................................... day of.......... ............. .f ............................................... Notary Public J66 Azta�u Kpe6aic stata of NOW yAre, Dk.01,AB=M9 f 9ti�°e8t �4eF00aEW, aasaMClaes 27 ......... 1919 TO'VVN OF SOUTHOLD PROPERTY RECORD CARD OWNER ---------- STREET � 70 V(h 61 { ACR. V TYPE OF BLD. VILLAGE DIST SUB. R MARK / LOT --- --- ----- - -- -� - PROP. CLASS --- ---- - -- ------ LAND IMP. TOTAL DATE FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND ' BULKHEAD HOUSE/LOT TOTAL 160 1 COLOR TRIM uld (±Id Extension Z4 Foundation Basement CRAWL. Bath Floors Dinette Kit. Extension Ext, Walls _SLAB Interior Finish L.R. Extension Fire Place Heat D. R. Patio Woodstove BR. Porch Dormer Fin. B. Deck Attic Breezeway Rooms'1st Floor Garage Driveway Rooms 2nd Floor O.B.- Pool moo) OCo- c/- - /. STREET( )< ' ' 1 ; ) _. (� VILLAGE DIST, _ — SUB_ LOT OWNER �v 't o 1 V c Z,. FORMER OWNER N E ACR. _LLL r�- (. 1_=v S W TYPE OF BUILDING ` RES.' SEAS, VL. FARM COMM. CB. MI C. Mlct. Value _ C) LAND IMP. TOTAL DATE REMARKS c/r52 l7 f ' (J G _ _U�C((�P Jl ( BUILDING COND�TION, --- AGVC`'° �.. rN, a i NEW NORMAL BELOW ABOVE -- _ FARM Acre Value Per Value Acre __--� -- — --. < 2. S" -- —-------- ------ Tillable 1 /44pv'e Tillable 2 - Tillable 3 --------- - _ —_�— - - _ Woodland FRONTAGE ON WATER Swampland Brushland FRONTAGE ON ROAD- ---- House Plot cd Z_>A-,p DEPTH�—_-- ^— BULKHEAD Total a , ,,, DOCK COLOR TRIM Lo_ f Y . ... .. M. Bldg. 6,5 o Foundation Both Dinette Extension Y 3 Basement Floors K. Extension7T b 6 Ext. Walls Interior Finish R. Extension Fire PlaceHeatarcs DR S- p f Type Roof Rooms I st Floor BR, Porch 0 4, Recreation Room Rooms 2nd Floor FIN. B. Porch Dormer Breezeway Driveway Got -age Patio -------------- 0. B. . b =Tottal -- — -------- TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER —--- STREET ` ' VILLAGE ---- DIST. SUB. - LOT ---- r / a FORMER OWNER N _ I E / IACRxe S W TYPE OF BUILDING RES. 'LAND SEAS. VL I t FARM,;/ COMM. CB. MICS. Mkt. Value IMP. TOTAL DATE REMARKS r a f s� ,/ `�; L�1 C; ��, - I�vrlk 0:5IC' 4c)_/)r0-3c 1-11 5 %:� 6'f - I to V1 G2ct '5 J�C- �b Sv 1-r+....� x /730 3y ellFRONTAGE Tillable � ' �?.:�!,:3- ON WATER Woodland 1�ra x'a" _r}-- FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total ------- M. Bid g• - ---- --- - ------ Foundation -- --- --- Bath --- -- - Extension — Basement Floors Extension —_—--.�,-- - _^ -- Fxt. Walls —� +Interior Finish ' Extension Fire Place V Heat v — — ' Porch Pool — Attic — Deck -----�-�� �---- —� -V Patio —Driveway V Rooms 1st Floor v Breezeway _ - — — Rooms 2nd Floor — Garage ----- -- ------- - - -- -- tIf- o0to � 299 \D 0 ,,( CERTIFIED TOr EBERHARD MULLER PAULETTE SA TUR MULLER WEBSTER BANK COMA40XWFALTH LAND TITLE INSURANCE COMPANY RH 97 0159 AREA = 80,000 sq.ft. o� ®454' OF 100 oo°° S. 5S �jo� `0� KM/& SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NY 1000-101-02-24.5 Scale: I"= 50' Feb. 27, 1997 x. Y.S. LIC. NO. 49618 P.C. 'LER STREET N.Y. 11971 97-134 v New 0 I CERTIFIED TO, EBERHARD MULLER PAULETTE SATUR MULLER WEBSTER BANK COMMONWEALTH LAND TITLE INSURANCE COMPANY RH 97 0159 AREA = 80, 000 sq. ft. � 0Z� 0�0 6.0 5, 5 �OlF ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209 -SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY /F SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM ALTERED BY' MUST BE USED BY ANY AND ALL SURVEYORS UTILIZUVG A COPY OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND BROUGHT -TO -DATE' ARE NOT IN COMPLIANCE WITH THE LAW. 08. SURVEY OF PROPER T Y AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NY 1000-101-02-24.5' Scale: 1" = 50' Feb. 27, 1997 Y.S. LIC. NO. 49618 P. 0. 79- 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 97-134 I j Page 13 - Hearing Transcripts June 19, 1997 Board of Appeals 1 CHAIRMAN: About 8 feet? MR. STRANG: Yes, because we're required to be at an elevation of 16.7 to the finish floor. I shouldn't say that. We're not required i but the existing house is at an elevation of 16.7 which is above the required base flood elevation will be at that same height. Obviously, the practicality of the floor is too high. The existing grade is approximately 7-112 to 8 feet. We're looking at about 8 feet of space. You could in reality walk underneath the addition. CHAIRMAN: Interesting. So, this is going to be similar to what we have at Rabbit Lane then where you have the older cottages and then you have the elevations and the additions and so on and so forth as it goes on. MR. STRANG : Except this particular addition will not be elevated too much. I mean it will be about maybe 4 feet above the height of the existing ridge of the house. CHAIRMAN: Oh, I think we'll start with Mr. Dinizio. MEMBER DINIZIO: No, I don't have any questions. CHAIRMAN: Mrs. Ostermann' MEMBER OSTERMANN : No questions. CHAIRMAN: Mrs. Tortora? MEMBER TORTORA : No. CHAIRMAN: Mr. Doyen? MEMBER DOYEN: No CHAIRMAN: While you're standing there, is there anybody else ui the audience would like to speak in favor of the application? Anybody like to speak against the application? Hearing no further questions I'll make a motion closing the hearing reserving decision until later. MEMBER TORTORA: Second. CHAIRMAN: All in favor. MEMBERS: aye. 7:21 P.1M. - Aiupl. No. -1184 - PAULETTE SATLR AND EBERHARD 1IUELLER ✓ Page 11 - Hearing Transcripts June 19, 1997 Board of Appeals CHAIRMAN: This application is based upon the April 28, 1997 Action of Disapproval by the Building Inspector. Variances are requested under Article III, Section 100-33 for approval of the location of a new dwelling to the rear of existing accessory buildings, leaving a front yard location for the accessory buildings. Location of Property: 3705 Alvah's , Lane, Cutchogue; 1000-101-2-24.5. . A -C Zone. I have a copy of a survey from John Metzger. Its most recent date is February 27, 1997, indicating the construction of a proposed residence at approximately 120 feet from Alvah's Lane, 58 feet, we'll refer to that as the southerly, it's really southeasterly property line and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I .assume Ms. Wickham you are representing. MS. WICKHAM: I'm Abigail Wickham, I'm representing the applicants. As many of the Board may know, this property has been in farming use for many, many years. The existing dwelling and the barns have been in that prime location probably since early on in this century and the property has been in continuous farming use since that time. The dwelling had originally been used for farm help and more recently has been rented out to tenants and several montlis ago my clients acquired this property and the enjoining 16 area parcel. The enjoining parcel is property of farmland on which the development rights have been sold to the county and this was the Marcel reserved out from that sale, so, this is the -irea in which the residential portion of property will occur and obviously there appears to be a hardship that was not self -enclosed that is then existing and they really have no other alternative in terms of locating the residence which automatically creates a Hardship for which we're seeking a technical variance. If there's any specific questions that you'd like answered. CHAIRMAN: What is the nature, just for the record, of the existing residence? What will happen to that? MS. WICKHAM: Initially, while the new dwelling is being constructed, my clients would like to I don't know if live is the proper word, this is not a very - dwelling but they will be residing in it periodically while they're reconstructing their new dwelling. At the time that the CO was issued and I spoke to the Building Department about this, the residential character of that building will cease and it will become an accessory use. Initially they'll be using it for probably seed propagation. They're going to be using farm and vegetable purposes and then other residential agricultural accessories. CHAIRMAN: So, you're not objecting to a restriction that there be onit- one residence on the property and that as you said that they will cease and desist the residential nature of this upon the completion and a CO for the new structure. new dweilinz. t - 4 Page 15 - Hearing Transcripts June 19, 1997 Board of Appeals 1, -IS. WICKHAM: It will be an accessory residential use but the dwelling will be the new dwelling and this building will be limited to accessory residential and agriculture use. CHAIRMAN: Right, meaning not a residence? NIS. WICKHAM: Meaning not a dwelling. CHAIRMAN: Right, OK, we'll start with Mr. Doyen. _MEMBER DOYEN: No questions. CHAIRMAN: Mrs. Tortora? MEMBER TORTORA: No, I got quite a nice tour from Mr. Mueller the other day. CHAIRMAN: Mrs. Os termann? MEMBER OSTERMANN: No comments. CHAIRMAN: Mr. Dinizio? 1-IEMBER DINIZIO: Just to be clear. No-one will be living - \IS. WICKHAM: There will not be a dwelling. MEMBER DINIZIO: No bed, no stove. ,MS. WICKHAM: Right. MEMBER DINIZIO: Lawn mowers and garden tools, Oh. IIS. WICKHAM: Right. CHAIRMAN: While you're standing there, we've done very well with this tonight, we'll continue. Is there anybody else would like to speak in favor of the application? No-one in the back rants to speak? I guess, they know you Gail, they know you do a great job. Is there anybody like to speak against the application? Hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER DINIZIO: Second. CHAIRMAN: All in favor. 'MEMBERS: Ave. r �, P.11. - Appl. No. 4480 - VICI%-HART REALTY 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 JUNE 19, 1997 Appl. No. 4484 - EBERHARD PARCEL 1000-101-2-24.5 STREET & LOCALITY: 3705 DATE OF PUBLIC HEARING: MUELLER Alvah's Lane, Cutchogue June 19, 1997 FINDINGS (PROPERTY FACTS) : DESCRIPTION: This property is located in an A -C Agricultural - Conservation Zone District, being situate on the westerly side of Alvah's Lane, Cutchogue, with 262.88 ft. of road frontage. This lot contains a total area of 80,000 sq. ft. as depicted on the Febru- ary 27, 1997 survey map and is improved with an existing dwelling structure and five accessory buildings. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated April 28, 1997; Article III, Section 100-33. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: For approval of the location of a new dwelling to the rear of all existing accessory buildings, leaving a front yard location for the accessory buildings. 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 construction of a new single-family residence in this location will be an improvement to the property and neighborhood and at the same time preserve the historic value of the accessory farm buildings. (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 proposed house is situated in a manner to provide maximum use of the remaining property for farming. (3) The requested area variance is not substantial in relation to the location of farm complexeds built prior to the enactment of zoning. L 7I f i APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. To&drtora 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 JUNE 19, 1997 Appl. No. 4484 - EBERHARD PARCEL 1000-101-2-24.5 STREET & LOCALITY: 3705 DATE OF PUBLIC HEARING: MUELLER Alvah's Lane, Cutchogue June 19, 1997 FINDINGS (PROPERTY FACTS) : DESCRIPTION: This property is located in an A -C Agricultural - Conservation Zone District, being situate on the westerly side of Alvah's Lane, Cutchogue, with 262.88 ft. of road frontage. This lot contains a total area of 80,000 sq. ft. as depicted on the Febru- ary 27, 1997 survey map and is improved with an existing dwelling structure and five accessory buildings. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated April 28, 1997; Article III, Section 100-33. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: For approval of the location of a new dwelling to the rear of all existing accessory buildings, leaving a front yard location for the accessory buildings. 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 construction of a new single-family residence in this location will be an improvement to the property and neighborhood and at the same time preserve the historic value of the accessory farm buildings. (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 proposed house is situated in a manner to provide maximum use of the remaining property for farming. (3) The requested area variance is not substantial in relation to the location of farm complexeds built prior to the enactment of zoning. i Page 2 - June 19, 1 Appl. #4484: 1000-101-2-24.5 (Mueller) Southold Town Board of Appeals (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 variance request is minimal. (5) The situation has not been self-created because the cottage and accessory structures were constructed prior to the enactment of zoning. (6) This action 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: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied, and SUBJECT TO THE FOLLOWING CONDITION: Upon completion of the new single-family residence and prior to issuance of a Certificate of Occupancy for same, the existing cottage shall be converted to an accessory structure. In no event shall the cottage be considered a habitable living unit, nor shall it be used as such. VOTE OF THE BOARD: AYES: MEMBERS DOYEN, DINIZIO, TORTORA, OSTERIVIANN, and GOEHRINGER . This resolution was unanimousl o ed. /RESOLUTION ADOPTED 6/ /97 GERARD P. GOEHRINGER, CHAIRMAN Actions. 97/101-2-24.5 APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Serge Doyen James Dinizio, Jr. 9"111 Lydia A. Tortora Maureen C. Os termaiin s - �Z`-- f` rrij� fjj°R ✓� �r BOAl2D OF APPEALS TOWN OF SOUTHOLD June 23, 1997 Abigail A. Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: Variance (Mueller) Dear Ms. Wickham: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Enclosed please find a copy of the Board's determination rendered June 19, 1997. A copy has been forwarded to the Building Inspector's Office for _their file and update. Please be sure to call the Building Inspectors' Office at 765-1802 to re -activate the pending building permit application. Should you have any questions, please call either our office at 765-1809, or the Building Department at 765-1802. Very truly yours, Linda Kowalski MaryAnn Cybulski Enclosure Copy of Decision to: Building Department BOARD OF APPEALS:TOWN OF SOUTIIOLD -----------------------------------x In the Matter of the Application of EBERHARD MUELLER AND PAULETTE SATUR MUELLER (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) JUN 1997 I, ABIGAIL A.. WI.CKHAIJ residing at c/o 13015 Main Road, Mattituck New York, being duly sworn, depose and say that: On the 11th day of June 1997, I personally posted the subject property identified as District 1000, Section 101 Block 2 , Lot 24.5 , 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 subject hearing date, which is June 19, 1997. C � � G� r�✓C.�i�Fiv�_ Sworn to before me this g Asian tureG1ICKHAM /�Aday of June, 1997. DONNA K Clif= Notary Public NOTARY PUOLIC,_State of New Yak No, 4851459, Suffolk Count,& Term Expires August 18, 1 **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m.) Thank you. ---..J k y' I. it BOARD OF, APPEALS: TOWN OF SOUTIIOLD ----------------------------------- Lr x In . the Matter of the Application EBERHARD MUELA AND PAULETTE SATUR MUELLER (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) UUCP Jug ' s I, MARION PRENDERGAST, residing at c/o 10315 Main Road, Mattituck, New York, being duly sworn, depose and say that: 1) On the 6th day of June , 199 7 , 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 see attachment Sworn to before me this (si na ure) .� dty of June, 1997. MARION RENDERGAST f� LCL_6 ' Notar ublic DONNA M. CMITUK NOTARY PUBLIC, State of New Y6t'k 1459Suff **Please return to th erRffkR�u�Ih18,Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m_) Thank you. SOUTHOLD TOWN BOARDOFAPPEALS. THURSDAY, JUNE 19,.1997:., NOTICE IS HEREBY GIVEN, par suant to Section 261 of the Town Law ' , and the Code of the Town'of Southold,,.-' the following applications will be held - 1 for.. public ­ hearings . by;`, the, SOUTHOLD`,TOWN BOARD OF,',-_ APPEALS,4t the'Souihold Town Hall; 53095 Main Road;•Sbutfiold;;New York . 11971;' oil THURSDAY, `JUNE 19; 1997 at the time noted below .(or as. soon thereafter as possible): 6:45 p.m. Appl. No. 4475 =MARY FISCHETPI (carryover):"' ' 6:55 p.m.. Appl. No. 4483 • = AN- DREAS VASSILIOU. Request, for it Variance under Article III -A; Section 100-30A.4 based upon the March 21,. 1997 Action of Disapproval issued by the Building Inspector for permission to.. locate an accessory•gazebo in a front yard area at premises known ' a's' 580 Inlet Drive; Mattituck,.NY; Parcel ID #1000-106-2-1. " Zone: R-40 Residential. , ' 7:05 p.m, Appl. No.. '4482 — CHURCH" OF GOD IN CHRIST. Request' fora .Variance'underArticle +=XX, Section=100-205 based-tipon;the: April 30, 1997 Action of Disapproval" issued by the Building Inspector for permission to locate a new ground sign in excess of the size requirements of the code. Location of Property: 15625 C.R, 48, Cutchogue. Parcel #1000-101-1-10., Zone. District: Agricultural= ' Conservation. 7:10 p.m. Appl: No, 4488 LAWRENCE. and JOSEPHINE PEARISTEIN. Request for a Variance under Article XXIV, Section 100-244B for, permission to constrict addition, a portion of which will not meet the min- imum required front yard setback at ' premises known as 2225 North Sea Drive, Southold; Parcel #1000-54-4-23: _ -;- Whiveii undeiAiticle B, Section 100-26, Zone: R-40 Residential. .. - ` for nonconforming lot identified as 7:20 p.m. Appl. No. 4484 — 1000-103-07-11, which adjoins non- PAULETTE - SATUR. MUELLER -,' conforming lot 1000-103-07-12, under and EBERHARD MUELLER. -,This • .'; 'Article II; Section 100-26. application is based upon the"Aprii 28, ;, - The lots in question were created by 1997 Action of Disapproval by the ;, ; dated 2/1/1923, and dated Building, .Inspector. Variances ' are "'. "a:.deed 10/26/1964; under Section 100-25 the • requested under Article III, Section .:: lots in question are nonconforming and 100-33 for approval, of the location of a ;. ; ; haves merged because they have been new dwelling to.the rear (behindy exist- : ; .• held in common ownership. at some Ing accessory buildings, leaving a front' " time after July 1, 1983." Location of ' yard location for the accessory build- ' Property:• ' � • Stillwater. Avenue, ings. Location of Property! 3705' ; " Cutchogue; NY; also shown as Lots 7 Alvah's Lane, Cutchogue; County and.8 on the Map of Green Acres filed Parcel #1000-101-2-24.5. Zone Dis- . in the Suffolk County Clerk's Office trict: Agricultural -Conservation:; November 3, 1971.. 7:35 p.m. Appl. No. 4480 = NICK-- .:'. The• Boaid of Appeals will at said HART REALTY. This application is:• time and place hear any and all persons , based upon'the September 18, 1996, or- representatives desiring to be heard i. updated April. 28, „1997,• Action of, _ in the above, applications. The above i Disapproval by,the Building'Inspector';,'.hearings'will'not'start before the time which states:'.'... 1) lrisdfficientlot area ''' ` designated. Each file is available for a and depth in an R40 Zone: A lot is ;; - review during regular business hours, required to have an area of 40,000 sq. ft..:; „ and written comments may be submit - and is required•to have a depthof 175 ted before that hearing is concluded. If feet.,Article III -A, Section 100-30A.3, you have questions, please do not hesi- 2) Insufficient front yard setback for a," tate to call 765-1809. non -conforming lot.— Articled XXIV, Dated: June 2; 1997. Section 100-244B ..." Location !of:. ,,;,r.;, BY ORDER OF THE SOUTHOLD. Property: 53400 County Road 48, ,:., I TOWN BOARD OF APPEALS STATE OF NEW YORK) ) SS: COCO_�QF SUFFOLK of Mattituck, in said County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly pIed in said Newspaper once each week forweeksly, �eom_mencing on theday o= 1"�'- . Principal Clerk Southold, NY. County Parcel #1000-52- GERARD P. GOEHRINGER, 2-13. Zone District: R-40 Residenti r :-; �, s ; Chiiirman Sworn to fore me this 6 (Also, proposed two parcels �!eonta � 1 � (t.~ . � z _ [-1 ,B ,Linda Kowalski � Insufficient lot width; code requiremen{ 11017-1TJu5'- = day of 19 7 % is 150 ft. for each lot created.) I j 7:55 p.m. Appl. No. 4487 _ DON- t ` #i i ALD and 'PATRICIA FEILE�t i MARY DIANA FOSTER (Owner: Homan Realtyj. This is II 4 ' ��I NOTARY PUBLIC, STATE OF NEW YORK request for a Special Exception undie N0.52-4655242 SUFFOLK coUNTY ..___.... 5 i� -� �, ,� ' 11 COMMISSION EXPIRES AUGUST 31,19tj7 Article VII for conversion "dl' budili g : � � {G' L �.//J from single-family to "business a d professional offices as provided by; - Section 100-71B, subsection 2. Zone District: Residential -Office i; (RO).' Location of Property: 117525 Main Road, .Mattituck; County Parcel. No. . 1000-141-440.. 8:00 P.M. Appl. No. 4469 = RAY='' MOND FEDYNAK. (Carryover) 8:15 p.m. Appl.. No. 4489= DOU- GLAS W. McGAHAN (Owner: Evelyn Fleet). Applicant is requesting a .. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio. Jr. &MMM§Afi� Lydia A. Tortora , Maureen C. Ostermann Re: New Application Dear Z-�� BOARD OF APPEALS TOWN OF SOUTHOLD May 28, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Attached for mailing by you, certified mail, return receipt (green signature cards) , is a copy of the Legal Notice regarding your application and hearing. The Legal Notice confirms a brief description of your request, the hearing date, time and place. At least ten (10) days ' prior to the hearing, please send a copy, certified mail -return receipt requested, of this Legal Notice to all surrounding property owners and owners across any street or right-of-way. It is suggested that you include a cover letter giving your .name and telephone number and a copy of the map showing your proposed project. . Also enclosed is a sign for you to post on your property within 10 feet from the front property line, for a period of seven (7) days, or longer at your choice. The sign must face the traveled road or town street. Please sign the enclosed Affidavit of Posting and Mailing before a notary public and return it to our office (not later than the hearing time) and attach the following: a) postmarked mail receipts (which show the neighbors names, addresses and post office location when mailed) ; b) return green signature cards once they have been received (you may return these later if you do not receive them all by the hearing date) . if you have any questions, please feel free to call us. Very truly yours, da Kowalski MaryAnn Cybulski Enclosures P. S. " An extra copy of the standards of law is attached for your use at the hearing. lnag.97/letter \IARiOt r►cN - /accessory buMMA95 iN Fr,6Atr aF' NOTICE 01� HEARING CE W U NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN SOAR® OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. DATE OF PUBLIC HEARING: urs.) TUNE Iq, 1991 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 e (516) 765-1809 31t5 AL v� La ., CW+Cloc, u� APPEALS BOARD MEMBERS �o�®gUFFO�,�co G $1 Gerard R Goehringer, Chairman o Serge Doyen cc 2 - James Dinizio, Jr. O >R MXAN y4 91 Lydia A. Tortora �►`��! Maureen C. Osterman BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 19, 1997 Appeal No. 4484 Project/ Applicants :Paulette Satur Mueller and Eberhard Mueller County Tax Map No. 1000-101-2-24.5 Location of Project: 3705 Alvah's Lane, Cutchogue, NY Relief Requested/ jurisdiction Before This Board in this Project: Approval of the location of a dew dwelling to the rear of existing accessory buildings, leaving a front yard location for the accessory buildings 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, 19901. 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 (516) 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. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER 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. 4484 DATE: MAY 12, 1997 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted is an application for a variance submitted by Wickham, Wickham, & Bressler, P.C. on behalf of EBERHARD & PAULETTE SATUR MUELLER together with Zoning Board of Appeals Questionnaire; Short Environmental Assessment Form; Notice of Disapproval from the Building Department; survey; and other relevant documents. Judith T. Terry Southold Town Clerk Town of Southold Board of Appeals Town Hall Main Road Southold, New York 11971 - Attn: Linda Kowalski Re: Applicant: Paulette Satur Mueller and Eberhard Mueller Premises: 3705 Alvahs Lane, Cutchogue, New York SCTM# 1000, 101.00, 02.00, 024.005 Dear Linda: We are the attorneys for the above applicants, who would like to construct a new residence in place of and behind the existing cottage. This will create a technical violation to the zoning code due to the existing non -conforming accessory structures in the front yard. Enclosed are the following documents regarding the above application: 1. Application; 2. Short Form Environmental Assessment Form; 3. Questionnaire; 4. Original and six prints of survey showing all existing structures and proposed house location. Staking of corners will be done shortly; S. Filing fee in the sum of $400.00, to the order of the Town of Southold; 6. Notice of Disapproval from the Building Department. Since the applicant is also the owner of the adjoining property, 1000-101-2-24.6, notices will be sent to all owners adjoining that property as well. If you require any further information, please advise. Thank you. Very truly yours, Abigail A. Wickham AAW/dmc encls. 30/shdtnboa LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITLICK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE 275 BROAD HOLLOW ROAD ERIC J. BRESSLER SUITE III ABIGAIL A. WICKHAM 516-298-6353 MELVILLE, NEW YORK 11747 LYNNE M. GORDON JANET GEASA TELEFAX NO. 516-298-8565 6-249-9480 JEFFREY STARR j L �f �✓ L� L��ELE-FAX10. 516-249-9484 HUBERT F. SULLIVAN I May 5, 1997 , C I i1j 1 MAY - 81997 ►i ! i �' Town of Southold Board of Appeals Town Hall Main Road Southold, New York 11971 - Attn: Linda Kowalski Re: Applicant: Paulette Satur Mueller and Eberhard Mueller Premises: 3705 Alvahs Lane, Cutchogue, New York SCTM# 1000, 101.00, 02.00, 024.005 Dear Linda: We are the attorneys for the above applicants, who would like to construct a new residence in place of and behind the existing cottage. This will create a technical violation to the zoning code due to the existing non -conforming accessory structures in the front yard. Enclosed are the following documents regarding the above application: 1. Application; 2. Short Form Environmental Assessment Form; 3. Questionnaire; 4. Original and six prints of survey showing all existing structures and proposed house location. Staking of corners will be done shortly; S. Filing fee in the sum of $400.00, to the order of the Town of Southold; 6. Notice of Disapproval from the Building Department. Since the applicant is also the owner of the adjoining property, 1000-101-2-24.6, notices will be sent to all owners adjoining that property as well. If you require any further information, please advise. Thank you. Very truly yours, Abigail A. Wickham AAW/dmc encls. 30/shdtnboa RECEIVED D,iTi� �AJ`,l 1111160 MAY r2 1997, TOWN OF SOUTHOLD, NEW YoFtK IIOO,,.. ae '''M t II , . - . . •, AMMI-C Yt�NtO&ION OF BUIt_DltJG INSPECTOR APPEAL NO. z-1 ! f Sy • DATF ,Aril„29x,,,199117„ TO TI -IE ZONING BOARD OF APPEALS, TOWN OF SOUTI IOLD, N. Y. EBERHARD MUELLER AND 1 (We) PAULETTE„SATUR MU T�Tr ,,,,,,,,,,,,,,,,,,,,,,,of ,3705 Alv„ahs„Lane„ ..... .. Name of A r�P ellont Street and .. Number , Cutchogue .... New York,,,,,,,,,,HEREBY APPEAL TO ..................................... Municipality State ........................ .... ,...... TI -IE ZONING BOARD Or APPEALS FROM TI -IE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO.---- ............ DATED ..April„l l t„ 1997 ............. ........................ ........... WHEREBY THE BUILDING INSPECTOR DENIED TO Abigail A. Wickham, Esq., Agent for owner: Eberhard Mueller and Paulette„Satur Mueller Narne of Applicant for permit of 3705 Alvahs LaneCutcho ue New York 11935 Slreet.ond Ntrml�er Municin Illy '.......Slate .............. ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( x) Permit to construct a single family dwelling 1. LOCATION OF THE.PROPERTY 3.7.Q5..A1vaU..lia�e.,.11 mletRgu�� X..1..k�C..2an. ..................... Street '� / Use District on Zoning Map District 1000 Section 101Block 2 Loi: 24.5 Eberhard Mueller and Current Owner Paulette Satur Mueller Iv10p.N0. Lot No. Prior Owner Albert Droscoski, et al 2. PROVISION (S) OF TI -1E ZONItJG 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) ( x) A VARIANCE to the Zoning Ordinance or zoning Map ( ) A VARIANCE due to lack of access (Slate of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 20A Subsection 3 A. PREVIOUS APPEAL A previous ol)peol (holo (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Sucl, appeal was ( ) request for a special permit ( ) request for a variance andwas made In Appeal No . ................................Dated...................................................................... REASON FOR APPEAL ( ) A Variance to Section 200A Subser.liarl 3 ( x) A Variance Io file Zoning Ordinance ( ) is rertuesled for the reason that applicant desires to construct a single family residence in the location shown on the attached sketch, leaving the existing barn and accessory structures in the front yard area. The existing single family residence, which is a very small cottage in poor condition, will be converted to an accessory use. Form 7,St (Continue on other side) REASON FOR APPEAL Continued I. S"I-RICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the barn and other accessory structures have been in this location for many years prior to the enactment of the zoning ordinance. Their continued use as accessory structures is essential to the residential and farming activities on this parcel and the adjoining farmland owned by the applicant. The property which is the subject of this application is the "reserved parcel" in a prior sale of the development rights to.the adjoining 16 acre parcel, also owned by applicant. Both parcels will be utilized by applicant for farming purposes. 2. The hardship created is UNIQUE and Is not shored by all properties alike In the Immedlate vicinity of tills property and In this use district because the structures which are creating the non—compliance with the zoning ordinance are pre—existing. 3. The Variance would observe ilia spirit of ilia Ordinance and WOULD NOT CHANGE THE Cl IARACTER OF -1-1-IE DIS"rizicr heCQUSe the use of the property will not change, it will continue as a farm and single family residence. In addition, applicant has designed the proposed residence to form a courtyard effect with existing buildings and located the proposed residence. so as to maximize use of the remainder of the parcel as farmland. S*FA"rE OF NEW YORK > �y/,P ) ss COUN-rY OF K ) �b paii Eure).............. • urgnuture) llu ale.......... s7 SwornIo this ...... 5 ................................ clny of...:......, ... ............................... 19 V........... ..... Notary Public JOU 11wa4li" 140twy publir, 8iuk, of wu, `fort; Wo. 01AB(3(3i)IM Quelllleri MlflY©oldw[aw, Caorety Qortrrd3aloti EuphoEs 6 -Sb -9Y r f SEUD S MCwT ACTS I Mu --t NA --A RESIDENCE TE Y ttO aL NT NT .257 aIwWS U. -4y I Tctar„x nx x!a.aS]I CJ7L40lE SP. 1 Encswui nza•eZssx' Sid PUN o v R% R �5 0 ' 0 (� o R5f 5off065 CP 06, G OR v' I0 00r 56, o0 �f I= I= CERTIFIFO TO, EBERHA RD MUL L ER PAOLFTTE SATUR MULLER WEBS TEH BANK COMM()IVWV ALTH LAND TITLE_ INSURANCE COMPANY RH 97 0159 AREA = 80,000 sq. ft. ANY Al- TERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209 -SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED By' MUST' BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND .n –,—,T_T,n-nA TC– ARF A1nT w COMPLIANCE WITH THE LAW. 0 . 001 0a oo FO �+ 0 000 00 vols C SURVEY OF PROPER T Y AT CUTCHOGUE TO WN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 101- 02 -,,24.5 Scale: 1" = 50' Feb. 27, 1997 Ma, --'26 1997 ,/we/h ! C Ps ) OF NF�v )otaN T. mei. `QJ 4'` P 3;q31..r Y.S. LIC. NO. 49618 NIS s� S, P. C. P. XS 1230 F_LER STREET SO.UTHOLD, N.Y. 1197! 97- 134 QU ST_CNNAIRR PCR _- D_NG ;;1T:' YCuR Z.S.A. APPLICATION A. Please disclose the Names of the owner (s) and anv et,:er individuals (and entities) having a financial interest in the subject premises and a description (Separate sheet may be attached.) Eberhard Mueller Paulette Satur Mueller of their interests: B. Is the subject premises listed an the real estate market for - sale or bei—mg shown to prospective buyers? { } Yes { X) No. (Ti Yes, Please 3t - CZ ==v a:. "COIId.:?'- -; nn�" of C. Are there anT : �oposals to r—tznge , ,. alter 1and ccntc �? { } Yes {x} No D. 1. Are there anv areas which contain wetland grasses? no 2. Are the we -r-? and areas slhowm an th.e maio su ni_tte2 with this anr, _ :at#n? no 3. Is the pr_=erzy bu kheaced between the wetlands area and the 1�-ml andy'uildimg are-? no lam_ r1../—+.. 4. If your crorert r contains wetlands or pond areas- have you contacted the Office or" the Town Trustees for its dete-li nation of jur_scictian? N.A. F. Is there a depressic: or sloping elevation near the area of proposed cc._struc-ion at or below five feet above mean sea level? N.A. (_ not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads = fetes which E--risiand are not she -.-n = the SIL Jey mar) that you ;,r- -submitting? none 1f. none e:c;;..st, Please state "none." G. Do you have any const:sctien taking place at this time concerning your premises? none If ves, please submit a copv of your building cer:iit and mac_ as approved by the Building Depar,=,ent. If acne, please state. H. Do you or any cc -owner also own other land close to this parcel? yes _f yes, _lease e.Yalain where or submit codes of deeds. SCTM# 1000-101-2-24.6, the .adjacent farm parcel, from which development rights have been sold to Suffolk County. I. Please 11st present use or cceraticrs conducted at this parcel farm buildings and single family residence and proposed use same ucncr_7aac.�_e anc mate97 Paulette Satur Mueller 3/87, 10/0101k -he V.Y.S. Environment_'- Quality Review Act ~_eauires submission. of .is _or , and an envi=o-amencal review will uemdde L_v this ijoard before anv action is taken. SHORT ENV MCNMENTaL ASSESSMENT FORM _TNSTRUC='T_ONS : (a) in order to answer the questions in this short E-aF it is assumed that the preparer will use currently available information concerninc the project and the likely impacts of the action. it is not er=ected that additional st_di=s, research or other investigations will be undertaken. (b) if anv question has been answered Yes the project may be sig- nificar-= and ccapleted Environmental Assessment Form is necessary. (c) I_ all questions have been answered No it is likely that the project is not signi=icant. (d) Envi=anmental Assessment 1. Wig? project result in a large physical change to the project site or physically, alter ware than. 10 acres of Land? Yes : x NO Z. Will there be a major change to any unique or unusual land fora on the site? Yes x Vo 3. Will aroject altar or have a large effect on an existing body of water? Yes x No 4. Will oro ject have a potentially large immact on g=cuadwater qua!_ty? Yes x No �. Will project sig:i=icantly effect drainage "flow or. adjacent sites? Yes x No G. Will project a'fect any threatened or endangered plant or animal, species? Yes x No 7. Will project result iz a major adverse er=ect on air-ual=ty? ves x .vo 3. Will project have a major effect on visual char- acter of the ce.=:anity or scenic views or vistas knc-.Jn to be important to the ccmmun'_ ty? Yes x Io 4. Will project adversely impact any site or struct- u:a of historic, pre -historic, or paleontological imna=ance or any site designated as a critical envi=cnmental area by a Local agency? —Yes x No 10. 'dill project have a major effect on e..cisting or iut•.:ra recreational opportunities? Yes x No 2-1. Will project result in major traffic aroblems or cause a major effect to e.-cisting transportation syste..ms? Yes x No 12. Will. project regularly cause objectionable odors, - noise, glare, vibration, or electrical disturI- ance as a result of the project's operation? _'es X No l Will project have any impact on public health or safety? —Yes _Z.�Vo 14. Will project of=act the existing communit_i by directly causing a growth in permanent pooula- ticn of acre thar. 5 percent over a one-year Yes x No period or have a major negative of=ect on the — c a_ -atter of the community or neighborhood? L:. Is =:.ere publi controversy concerning the project?fes X No ?reparer's Signa==a:l/ Vv 3eprese^.ting, EBERHARD KUELLER AND PAULETTE SATU zMUELLER cat - 7.3A g/? 5