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APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
Maureen C. Osterman
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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 AUGUST 28, 1997
Appl. No. 1498 - Anne M. Shannon PARCEL 1000-123-2-26
STREET & LOCALITY: 2775 Marratooka Road, Mattituck, NY
DATE OF PUBLIC HEARING: August 28, 1997
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION:
This property is located in an R-40 Low -Density Residential Zone
District, being situate along the easterly side of Marratooka Road,
Mattituck. This lot contains a total area of approximately 6775 sq.
ft.. as depicted on the copy of survey map trader this application.
The copy of the survey shows the following improvements: one-story
frame house set back 28 feet from the front property line and
accessory building located in the rear yard.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
Jime 24, 1997 which reads as follows: under Article IIIA, Section
100-30A.3, Bulk Schedule, for permission to construct deck addition
and accessory shed which exceeds maximum 20„ lot coverage by
adding mi additional 504 sq. ft. over that allowed by Appeal No. 4267
dated 9/15/91. Also under, Article XXIV, Section 100-244 for
nonconforming lots, the deck addition will be less than 35 feet from
the rear' lot lice.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: 1) To locate
deck addition with an insufficient rear yard setback at not less than
30 feet. (which deck will extend 15'3" past the rear of the existing
dwelling addition), and 2) to locate accessory shed of 8 ft. by
10 ft. in size in the required rear yard at a minimum of three feet
from the rear property line and greater than three feet from the side
property lines, and 3) to exceed lot coverage by 504 square feet
over that granted under Appeal #4267 September 15, 1994.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the alternative relief area will not produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because parcel is extremely small in size at. 6775+ -
sq. ft.
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
A It
Page 1� - Appl. No. 4267
Application of ANNE SHANNON
Southold 'Down Board of Appeals
because improved parcels of this unique size ordinarily exceed lot
coverage requirements by the nature of their size and/or shape when
improved by a single-family and detached garages.
(3) The requested area variance is not substantial based upon the
requested 504 square feet.
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because rear yard is significantly reduced by the size of the
existing attached deck and shed.
(5) The situation has been self-created.
(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 Chairman Goehringer,
seconded by Member Dinizio, it was
RESOLVED, to DENY the relief as requested, and BE IT FURTHER
RESOLVED, to GRANT ALTERNATIVE RELIEF AS FOLLOWS:
1. The lot coverage is permitted to be increased only by 424
square feet. for the existing deck and/or shed for a total lot
coverage, all buildings, at not greater than 2,088 square feet.
(Options available to applicant allows either removal of the 80 sq.
ft. shed, or removal of 80 square feet from the "as built" deck area.
2. "As built" deck area shall not be enclosed or elongated.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO,
TORTORA, and OSTERMANN. (Member Doyen was absent during
deliberations and vote.) This resolution,-wa duly adopted- 0):7
GERARD P. GOEHRINGER, 'Cr HAIRM N
Actions. all/ 123-2-26
RECEIVED AND FILED BY
THE SOUTIiOLD TOWN CLERK
DATA �%- �1•- Ia>�i?r-�.�
Town Clerk, Town of ._on4! oL3__
m
NOTICE OF HEARINGS
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, AUGUST 28, 1997 at the times noted below
(or as soon thereafter as possible):
6:45 p.m. Appl. No. 4498 - Application of Anne M. Shannon. This is a
application based upon the June 24, 1997 Notice of Disapproval by the
Building Inspector in which applicant requested a building permit to
construct a deck addition and accessory shed. Variances are requested
under Article IIIA, Section 100-30A.3, Bulk Schedule in the R-40 Zone,
for permission to construct deck addition and accessory shed which
exceeds maximum lot coverage of 20% by adding an additional 504 sq. ft.
over that allowed by Appeal #4267 dated 9/15(94. Also under Article
XXIV, Section 100-244 for nonconforming lots, the deck addition will be
less than 35 feet from the rear lot line. Location of Property: 2775
Marratooka Road, illattituck, NY. County Parcel No. 1000-123-2-26.
Existing total land area consists of 6775+- sq. ft.
6:50 p.m. Appeal No. 4499 - Richard & Pamela Frerking. This is a
request for a Variance uncle: Article XXIV, Section 100-244B based upon
the July 1, 1997 Notice of Disapproval issued by the Building Inspector
Page 2 - Legal Notice -
August 28, 1997 Regular Meeting
Southold Town Board of Appeals
in which applicant applied for a building permit to construct an addition
to dwelling which will have an insufficient front setback as a principal
building at less than the existing, established 32 ft. nonconforming
setback. The Building Inspector has also confirmed that the setback is
less than a 35 ft. setback (ref: setback schedule for parcels having
9972 sq. ft. in size). Location of Property: 680 Deep Hole Drive,
Mattituck, NY; County Parcel 41000-115-12-9.
6:55 p.m. Appeal No. 4500 - Catherine Harren. This is a request
for a Variance under Article IIIA, Section 100-30A.4, based upon the
.June 23, 1997 Notice of Disapproval issued by the Building Inspector in
which applicant applied for a building permit regarding placement of two
accessory buildings as Iocated in the side yard area. Location of
Property: 3000 Reeve Avenue, Mattituck, NY; County Tax Map Parcel
No. 1000-100-1-6.
7:00 p.m. Appeal No. 4445 - Mary Tangneye This is a request for
a Variance based upon the March 20, 1996 Action of Disapproval by the
Building Inspector as per Article III, Section 100-32 for the proposed
insufficient lot area in this proposed set-off or minor subdivision for
two lots, situated along a private right-of-way extending from Little
Neck Road, Cutchogue; County Parcel ID No. 1000-103-5-2.1 consisting
of 143,020 sq. ft. Proposed is the reduction of land area for two
parcels, each less than 80,000 sq. ft. in total area.
7:10 p.m. Appl. No. 4501 - E. Nagy. This is a request for a
Waiver under Article II, Section 100-26 based upon the July 7, 1997
Notice of Disapproval of the Building Inspector stating two reasons:
% A
Page 3 - Legal Notice -
August 28, 1997 Regular Meeting
Southold Town Board of Appeals
(1) under Article II, Section 100-24A.(1) land area identified as
1000-27-4-2 and 1000-27-4-3 were created by deed in 1965 and do not
meet the minimum lot requirements (12,500 sf) and (2) under Article
I1, Section 100-25A, total land area merger exists for 1000-27-4-1, 2
& 3 having been held in common ownership after July 1, 1983. Location
of Property: Harbor Road, Orient, NY. Applicant proposes 28,445 sq.
ft. of land area and 132.57 lot width as to 1000-27-4-3 & 2, and with a
remaining house lot of 20,000+- sf. and lot width of 100 feet as to
1000-27-4-1. Zone District: R-40. (Schedule AA as revised July 22,
1997 shows a size requirement for lots created between April 1957 thru
November 1971 at 12,500 sq. ft. and 100 ft. lot width.)
7:15 p.m. Appl. No 4502 - Moore's Lane Development Corp. This is
a request for a Variance under Article XXV for permission to construct
deck addition to condo unit 460 at 135 R60 Caleb's Way, Greenport, New
York; County Parcel No. 1000-40.1-1-60 due to proposed reduction in
the front yard setback at less than 35 feet. Zone District: AHD.
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 review during regular business
hours (8-4 p.m.). Written comments will also be accepted before that
hearing is concluded. if you have questions, please do not hesitate to
call 765-1809.
Dated: July 31, 1997. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, Chairman
By Linda Kowalski
FORX NO. 3
TORN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE t/ un e . Z4.,19-9.7.. . ... . ........ .
To Azuie.iL...Sha.2non..................
27.7.5. Marr az aoka. Rd ......... . ....... .
'Ka t t iziL a k. ZLX . I I D.a 2 ..................
PLEASE TARE NOTICE that your application dated .May.2.8........... 199.7...
for permit to c.4IIStZUc t..a..d ecl,.add.i tioa.aAd..&CCe@S9 r.Y.91a.Pa......... ._. at
Location of Property ..... 27.7.5 .......... Marsatooka.Rd.......... Ma.=iturk......
Nouse No. Street Hamlet
County Tax Hap No- 1000 - Settiou .L23....... BLOCK ..2........ LOT .26..........
.Subdivision ............................... Filed Map No. .........Lot :9o_ ....._.
is returned herewith and disapproved on the following grounds Index _Art -ale. LIIA.......
Section 100-30A.3 of the Bulk and Parking Schedule in the R40 Zone- Deck
........................................... ...................................... •-•--.....
addition and accessory shed exceed maximum lot coverage of 20%, Under'Z3A
............................. .•............ .......... •-•.......
._..._
appeal #4267 of 9/15/94 a previous addition was allowed to exceed the
._.........-• ........................•................. ..I........-•••-..._..........
maximum"lot coverage of 1373(20%) to 1903 Sq. Ft., or 530 ft. above maximum
.................... ..................................................... ..................
f
allowed; relating to 27.7% - New addition and accessory shed will add an
...I ............ ........ .... I.......... ............. _........
....
additional 504 Sq. Ft. relating to 35.1% coverage and 7.4% above ZBA Appeal
................. ........................ .---........................ ..............
..
#4267. Under Article XXIO Section 100-244 for non conforming lots the deck
addition will be 30 ft + or - from rear lot line, encroaching on the required
-•...................•--........................•.......................................
minimum of 35 ft. Action required by the ZBA.
............................................................. I ......... ..............
BUILDING INSPECTOR
-
' 6 d
RV 1/80
v
RECEIVED
JUN 2 "71997
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE .......!7./
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTT�HOLD, N. Y.
1, (We) ....�F.� e(0 ... .... d 11�%l1�tiP .....of ....at1..l��Fl.4l.�/°�.t �°el...t&... ..
J Name of Appellant Street and Number
f..!1..�zrz/ ..i /.... ................................ I................... . &. :.......HEREBY APPEAL TO
Municipality - State
THE ZONING BOARD OF APPEALS FROM THE DFC15ION OF THE BUILDING INSPECTOR ON
A✓dfldj DATED .................��d••�...
APPLICATION FOR PERMIT NO. ...................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
..................
s/ Name of Applicant for permit
of .. 1.%:9:....../.�J�t...... �i M. ....1 ...AZIM�U„e
Street and Number Municipality State
C } PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
LOCATION OF THE PROPERTY
Street /Hamlet / Use District on Zoning Mop'
District 1000 Section jai B)ockA Lot 96.Current Owner .1/e �� �✓c�,yJrt✓®�.1
Map No. Lot No. Prior Owner
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 Section
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
{ PY'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. 230A Subsection 3
4. PREVIOUS APPEAL A previous appea (h (has not) been made with respect to this decision
of the Building Inspectorrwith respect tot is proper
Such appeal was ( ) request for a special permit
( ('request for avariance
and was made in. Appeal No. ...... 7. .............Dated .... 916.....,..............................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( Vj"�' A Variance to the Zoning Ordinance
is requested for the reason 3�
�et�e7'chl .
Form ZBI (Continue an other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
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
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because 7/ f� ,:r ��% �T���� �� �
Ad /fid "
STATE OF NE YORK ) 6,
ss:....... ...................9....44
.
...............
COUNTY O Si nature
Sworn to thisL........... alik.�=.:.................... day of....... 19
9V4.
otary Public
JANICE Y MURPHY
niotary Publia, State of Nsw y*rk
tea. 52-46611514
Qualified in Sufffom coantp
ie-Mmsssion 2xpjrea Aj "
TOWNI` OF SOUTHOLCi PROPERTY RECORD CARD
OWNER STREET.;, VILLAGE ----- ---
%� ----- DIST. SUB. LOT
Jai / 4'o K %/ /
FORMER OWNER a 7
tsCR/Q,�p
ACR c,
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I' {�� • , a TYPE OF BUILDING _
1RES :I SEAS.er �._ � 1 d
VL. FARM Q
=
COMM. CB. MICS. Mkt. Value
LAND
IMP. TOTAL ....... DATE REMARKS . -- —-s= --
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FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD ^
DOCK
AGE
BUILDING CONDITION
^--._ — — -- —
i EW
NORMAL BELOW ABOVE
-- — -- ----- -
ARM
-" _—
Acre Value Per Valise
--
Acre '
FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD ^
DOCK
07o
COLOR
'TRIM Vj i1 (, /-<
Bath Dinette
---------- — 2.S � Foundation r�—
\�. X1
2, lo -- ---- Floors K.
2 x i Base ent
f E _,—_ h— -- T— Interior Finish LR.
ry—b_ T . n /)
Ext. tills V)\ 1_ — — V �r tKRc
1 DR.
— --- --- -- vs Fire Place Heat � k 6. m.\J��`A — -- -----
Type Roofa h (4 Rooms 1st floor BR.
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Rooms Floor FIN, B
Recreation Room a------_ -- --- ---.--
.Dormer - Driveway —-------
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SEP 1 211997
111 , ••�
i
Mrs. Linda Kowalski
Town of Southold
Board of Appeals
Town Hall
Main Street
Southold, New York 11971
Dear Linda:
2775 Marratooka Road
Mattituck, New York 11952
September 11, 1997
Just wanted to say thank you for. all the kindnesses you showed to me before, during and after the hearing,
it was appreciated.
I do not know if you saw the enclosed article - but it was given to me by one of my neighbors who
kiddingly said, "I didn't know we had a criminal on the block". This Damon Rallis really blew
everything out of proportion. The Friday after the hearing when I returned home there was a call on the
answer machine from him. When I returned it on Tuesday, he could not remember what he called me for!
Anyway, again thank you and if sheds ever get to the point where you do not need a permit, would
appreciate your letting me know as I really would like to put my car in the garage.
Enc.
Regards,
/40-�
Anne Shannon
.. ;; "'d
L997
r� en eOrm.. . .
munications Act
e 4 -laces Federal Telecommunications Act allows
Hussie said. recently that- in pents to _.
Several months ago, NYNEX filed
' -suit against the town, claiming that the
I ike SanFrancisco and Cape Cod, tow- for
rt also negates that s Y :moratorium caused an unnecessary de-
I' A' )- ers have been prohibited in certain ar- p p can
:11111 ar an a igan, (generally) that if a company la in the zoning board's decision about
eas. Last w rove cessity of a tower in a'spe-` Y
''pCeitl- = dent o e Orient�Association and an = _ p-�, g t to
put it ! the orient tower. So far, the board says,
,,an dis_ X/Bell cific location, tt lzas the right P . that suit has had little activity, and Town
o hent of the.proposed NYNE m Dowd is looking into the
tivhile _ ; .'_ Atlantic tower in Onerit,-_too,.. a stand---.'.there. Moore; who h Iin the past repre _=Attoine Laury
he o= `= = :
saying =:,,. `to -legal issues surrounding. the possible
p ," the new cel-tower law,:sa in agtownshipsnsays thecurrentl w« d y
o against...
awed„ -extension ofthemoratorium._
that it is not restrictive enough.;`,::: on cel-towers is based -upon the
am, in- applications
of the Telecom- = -
t Mo says that although the practical app
ore hrid - • Bu ore aY - _ - - - - - = - . y,. •-� - . �;���-•� :.�.;-�:.'� - � .
ng and
ler aP-
vd. The
guide- : -.
uy - z::� a;£ = > ;:-; r =-'osal divWdd`the
e law, i �. .,. .,.:,;swz . .7Z .� _ Ta r°
:h'.. e s: p.... _
}-``live r. tai tfi maximum nniii is andinio on lap�Ei
- �m cel="^:t �,_ «r.-. r9..•Paeceland'another.-
.
ZBA:Chairniart GetaJfd Goetinnger�,�,;-1; acre`: parcel:; Ttie board': was not
<.:_ .....,- ...T:...... sfied.with the division, and. instead
" ith the -
;:r,TM OUTHOLD'-fie Zoning Boardh rbefore:handrig. do fo (emo a 80 square Y yRr sab "ne' the passibility of
.8�r and «,<.S. ZBA tookaaoughstance �eQulres.Shanno ! from'"her offered;_T_a 9 _ Y..,
11
ce�1 "q:of;?ippe"ais („ !-;waiver 'r_eguests nR. feet of structuce:_space;: .` ,._.=�- ,, ,"splitting the lot in half with a condition
of 'Some,;zoning. ~` ''pan in x r s -"thatnofurthersubdivisi°norreduction
�zs Com- s meeting; -9 property. _ ...
Au ust during Thursday-:L-:= ve 80 f et from.ahe a
�= ut several, denials and ordenng:ope .She ca_rerr° ; P �w in lailu,'+%�+��� a�ne�=refused to accept
° ark of a�structnre,_ deck:ortake outthe shed; l_don't care.,,
s far cel- -erson-to`un-build;p _� Yn;. _ "Bufttiat',s=Oahe_; ThoughTanng�aation;atie board
e-P ... •,,;:Kt1•}'k moi•. 1,+:.r .. ```•^ -
he i»tent = :MShannQrrrof Nfarratooka_oehringer .sa}d.,y: _ ,_.. _" ._ the ZBA recta-=-
A►,pe. _ ..,.- - 9 members-- passed_..a _resolution
,�
r com a w ' - Baled %:the mawmum [iot:coverage] sfizs e, .ng
p Raad in _ Maitituck_ai?P_.., ., - re
Y= ' n'herf°as_is, t est for„a gkir' Richard and.Pameta F erking we, p�allowing;a 50.-E._,0?split; stating that it
.as (such BA,.afte- . was the most leay Tangney. could
_.ult to put A"`ermitto�constructadectcadditt°nand -:also in:frontof:the,ZBA on Toursday;:>
p p shed.was-'denied:by-the=- , Fappealing.the disapproval,ofca plan. to 6e"allowed=_-..� -"'.=
rpe:trcas. 1'accessory -e use ;build-an addition which^would:;add 13 The ZBA alsoheard':residents
,c hoaring Building Departm- of"4,,,--
:
...• s eak'�out against ..a request or a
he mora- exceed the mawmum.lot coverage., , >- ;, square-feet to ;the front: of. thein, ome:. - :._.: .
o tructures :wouldadd an,:The applicationvuas denied 6ecausethe<;;:. w lyes• ,which:: vrould .allow an
to�� it will `,.20 �O =:The: s ,addition would exceed tfie 32=footfront....
s iiare feet ofi.lot undersized lot, on :Harbor.. Road. in
o... q .; y 13'feet >;�
for w ch is over tFie.. amount_ _ ;.'yard setback_requitement by , w., ,__ ; .. =`: Orient:considered' buildable
n ► t ocoverage„ whi BP+.riiling iri-1994:� `` DuringV.
his: appeal to the board, ,land nce the deed was given prior
:.ing while ;:allowed by a Z _ , can se uest, a>.
r asked„tfd he :vwould`_be the=ov+inei; q.
;ie lay. • -`: `>��� Ttie:ZBAgranied,SiiaririonFrerlcing Nas: dit'ioii'He
_[rr 9994..... _ � =
tione . y��>:""�'"" ��--�°-; =m...,.:<��.�viraiver:ia r*ie�t4the lot,`coverage.
Loth issiori,to.build:a,sfructuua data willingao:bui(dawh tican-get;t:a:-_.-- d§allQwed:yearsagow'
;:pear! _ ya to--exceed. answered; 1'lltak ,... --- . .
,-n mount woulc%,cause lot coverag�:rsi=.b"7 otin t fhe fiouses �n ttiafi `� °--- g - I�cant Eleanor;
432 ~� ataliof::;.. oaid-=-=?�Ithou httie app "vuere not
docs not . WtYie'2q<Qef cent maxuriu,z: _,.,y.; N , ...g. aTe wreztients,:. , --� .
- =-s uarefeet. Afaitime site removed r- area mefsetli q . }
P �acldiiiorr �ers rantedFrerking :a�warver.ofsagYa wand" net; �tte�r�,ey_�
in �rticu �, _,, . ; P ttie.`ni ee#ingi;; boa�d�:
�,q $.�•-.decfe.andbuiltan _ tiz._.memb .9 ;_:-: - iesent~_t-....,_� _
an.e�usting- _sem_ • l� :_-' _ - ddition = - esiimony .from_
is llussie _'-.� -�4y th a -�= .,s�.-., rnemlie�siiea[d=
_ ` feet=#oe,". e; 4 �..;= esidents say,
:.ontnerhou`se. -•-_ - of Utt1eNe ideiifa�-Fir_
vn n t only y3 :. r Shannon: is':thaf_ :rte Njaarigney, _ _ - various res
roblem-.fo _ _ `_x.., ry- _ > a;;waiver_ is tisk
Overs i t cer- :;:; e>:d`eck=and " :Cuichogue:-a.tvuaacrezenedatea ;.tha#:graniin _ :..,, ;:`'-
sheQhas::already.." . ffth, .-..._.-_. .<�� _. F to
s thz wer a:, _-. „ .: ” :is a 1. ng foe av;, =.was als°;'oii.. i .. at:tl a rrieeiing :..%- °because flc�odingin the area 1 : so ba
1
'a sectio of =shfiO�ch she- PP.Y!. ; -
defend Herrproposal to subdwidea:-: w.-at times that. building-, house onahe
' zorimg iverhwiiich meaiisrshevis m�YM- �_�_ , t. out bf the=
on _zooirig codes: Aster _ e}3,02Q;square:footparcel 9f.land The:= property: would b� alrnos_ u
ati ,\c of _ �iolatior� of currer _
Sf part of e` the ZBA not only.denied=her_ proposal: was denie.d::bI -au t ape w ._ question ,,.
a result;.:, �r reduction in land' area.would.create fwo.- ;:: me hearing will- remain open until
es: Vor e - errriit=request;.tiut fofd., ead°�take were smaller.;,than-the - on'Se tember,25.
.- : P , .. 'sQf-tfie� -tr y-built paicels=that:a public meeting.._ P -
ot intend tha wrnsome_. :,. z - _ s: com. �;..:
:hent jrants a
;strict, it must
competitor's- . - --
BOARD OF APPEAL$
7i'OINN HJ Li.
P,1AIN P,0,AD - S. R. 25
799illi OLD, MY, -.1197.1
September 4, 1997
Mrs. Anne Shannon
2775 Marratooka Road
Mattituck, NY 11952
Re: Appl. #4498 - Variance for "as Built" Construction
Dear Ms. Shannon:
Enclosed please find a copy of the Appeals Board's two-page
determination rendered at our August 28, 1997 meeting. Please be
sure to follow-up with the Building Department in the next several days
to obtain their written approvals. We have today furnished a copy to
the Building Inspector's Office for further processing and for their
permanent file update.
Very truly yours,
Linda Kowalski
Enclosure
9/4 Copy of Decision to:
Building Department (Attn: J. Boufis, Issuing Insp. )
T
r
/ f /
r
i
IF
I
I
�A n
4uk
OFFICE
V LUMBER YARDS FLOORING CENTER
PeimySILumDer Main Road North Road North Road
Greenport, NY 11944 Mattituck, NY 11952 Mattituck, NY 11952
Ho & 'LOO IG COMM (516) 477-0400 (516) 298-8559 (516)2
CUST. CODE NAME DATE
JOB ADDRESS PHONE NO.
r%C! !X/r-D Tn
CUST. ORDER NO.
SOLD BY.' CASH
CREDIT CARD CHARGE I
CREDIT ON ACCT.
DEL.
CODE
ORDER
DESCRIPTION oe
UNIT
PRICE
AMOUNT
2,
L
x -lo,
r.J
J
J,
1i All claims and returned goods MUST be accompanied by this bill. 0 Goods cut to order are not returnable.
* All stock merchandise returned is subject to a 15% handling charge.
* ALL BILLS DUE AND PAYABLE WITHIN 10 DAYS FROM DATE OF STATEMENT. FINANCE CHARGE OF I,/a% PER MONTH
* (ANNUAL PERCENTAGE RATE OF 18%) CHARGED ON OVERDUE BALANCES MINIMUM CHARGE 50C
M 489378 Rec'd by
TAX
TOTAL
MCP, PATENTED, M N.R.LA., ROCHESTER, N.Y.
API-)EALS BOARD MEMBERS vVFOE���
Gerard P. Goehringer, Chairman a°
Serge Doyen -
James Dinizio, Jr.
Lydia A. TTortora
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
July 31, 1997
Mrs. Anne M. Shannon
1775 Marratooka Road
Mattituck, NY 11952
Re: Appl . #4498 - Deck Addition and Shed ( Variances )
Hear Mrs. Shannon:
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax(516)765-1823
Telephone (516) 765-1809
For your records, please find enclosed a copy of the Legal Notice
which will be published in the upcoming issue of the Suffolk Times by
our office.
As soon as may be possible, please send a copy of the legal notice
or similar description which confirms the hearing date, time and place
and outline of your application by certified mail -return receipt
requested, to all surrounding property owners, including property
owners across streets or vehicular rights-of-way. (If you need a list of
the owners' names and addresses, please stop by the Assessor's Office
for the updated list since there may be a new owner, or two.)
Also enclosed is -a sign to be posted atthe subject property within
ten (10) .feet from the front property line facing the right-of-way for a
}period of seven- (7) days, or longer at your choice.
Please return the following to us, together with the completed
Affidavits of Mailing and Posting:
a) postmarked recejpis from the post office showing the
date you mailed the notices by certified,' mail;
b) 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 questions, please feel free to call.
Very truly yours,
Enclosures Linda Kowalski
lnag.97/lnitr8.28
P.S. Please be sure to measure the setbacks from all property lines (to
prevent delet)- ';1 case questions are raised at the hearing by members.
the B@[[dr^� Inspector in which appli.
;t cant m I for a building permit
regardi [cement of -two accessory
.:r buildings as located in the side yard area.
Location `'of Property:: 3000 Reeve.
- Avenue, Mattiluck, NY; .County Tax "
I, Map Parcel No. -1000-100-1-6.
' 7:00 p.m. Appeal ko. 4445 =.Mary
7unghey
y
: This is a iequest for a Variance _
;` ,based, upon the March 20, 1 .96 Action
7 of Disapproval.by the Building Inspector '
as perArticle•Ill, Section 100-32 for the
Proposed Insufficient lot area in this pro-
posed set=off or minor, subdivision for
two lots, situated along a private right-
of-way extending from Little Neck
Road, CLitchogue; County Parcel ID No.
1000-103-5-2.1 _consisting of 143,020
sq, ft. Proposed. is the reduction of land
area for two parcels, each.less`..than.
80000 -
in loth l:am&'a,"
7:10 p m
Naggy. This is a request for a.Waiver
under Article -II, Section 100-26 based
upon ; the' July .7,,::1997 Notice ' of '
Disapproval of the Building Inspectoi.
staling two reasons: (1) under Article II,
Section 100-24A.0) land area identified
as 1000-27-4-2 and. 1006=274-3 were
created by deed in 1965 and do not meet
the minimum lot'requiiements (12,500 .
so and (2). bndei Article:li, section 100-
25A,. toW *4 .& : mefgei''exisis for
1000-2741; 2 & 3 having been held in
common ownership after July 1, 1983.
Location of Property: Harbor Road, Ori-
ent, NY. Applicant proposes 28,445 sq.
[t. of land area and 132.57 lot width as to
1000-27-4-3 & 2, and with a remaining
house lot of 20,000 ± sf. and lot width of .
•100 feet as . to 1000-27-4-1.. Zone
District: R-40. (Schedule AA as revised
July 22, 1997 shows a siie requirement,
for low created between April 1957 thru
November 1971 at 12,500 sq. 0. and 100
ft. lot width.)
_.--.-..._._�.____._...-. Lane, Development Corp:' This is'a'
• request for a Variance under Article
XXV for permission to construct deck
addition to condo unit #60 at 135 R60
NVI1[:B p J ; Caleb's ' Way, Greenport, New -York; STATE OF NEW YORK)
NOTICE IS. HEREBY GIVEN, pui-; County, Parcel ,No..1000.40.1-1-60.due
suant to Secdon:267; of'the Town. Law ._ - ; to, proposed -reduction in the front yard ) SS:
and the.Code of.ihe,lbWh of Southold, •_'setback at less `than 35 feet.. C F S OLK
the [ollowing'aPPlications will be held.... `District; A and � � - �I_ r
for public hearings by the; SOUTHOLI) " : j ',The Board , of Appeals will -at. said
TOWN�BOARD OFAPPI M at'the tune and place hear eny,and'all persons of Mattituek, in
Southold Town Hall, -53095 Main Riled, ' or representatives desiring to be heard in Baid County, being my sworn, says that he/she
Southold, New York 11971; on THURS= the above applications. The above hear- ,
DAY; ,AUGUgr.,28;_ 1997 -at the times .., ,' fngs will nat start before the bine desig- is Principal Clerk of THE SUFFOLK TIMES, a
possible):.,;". (or as. soon tnereafter'as nated..Fach file is available for review Weekly Newspaper, published at Mattituek in
P ):' ";" '' :i' ; during regular busmen hours (8-4 p.m.).
6:45.- p.m. 'Appl. No. :.4498 Written comments will also be accepted the Town of Southold, County of Suffolk and
Application of Anne M. Shannon: This .',.before that hearing is concluded. If you
is an application based upon the June 24,.-.,-,, have questions, please do not hesitate to State. of New York, and that the Notice of which
1997 Notice ; of .Disapproval by the call 765.1809. ' the annexed is a printed copy, has been regular -
Building Inspector iii: which' applicant Dated: July 31,1997. ,
requested a building penirit.lo conshuct. ;. BY ORDER OF THE SOMOLD ly published in said Newspaper once each week
a deck addition and 'accessory shed. i ` : • TOWN BOARD OF APPEALS
Variances are requested under Article Y,G-G�EHRING for 1 weeks ceeSSI el mmen i
- ..,: - ; -. ERtD P tat,...,.. y, C ng Ori
IIIA; Section' 100-30[1[3; Bulk S-&7uie z '" ": : " Chairman
in the R-40 Zone; for peigtissioii to con- the day o 19�
By Linda Kowalski
stnrct deck addition and 'accessory shed 1089=1TAu7.
which exceeds maximum lot coverage of
AM by adding an additional 564 s4. -ft.
over that allowed,by Appeal #4267 dated
9/15/94.• Also .'under Article -XXIV, '
Se00.1t.100 244 for -nonconforming lots, ' Principal Clerk
lhe'deck addition will tie less than 35 feet r I AUG P
from°'the -rear' lot• line: Location of
Property: • - 2775 ` Marratooka ,Road, .
Mattituck, NY. County Parcel No. 1000- �,r t 1
123-2-26; Existing total land area con. _ . Sworn to before me this
sists'of-6775±sq,
6:50 ' p.m: -'Appeal No:",4499 = day of ) L c 19-1—
Richabd & Pamela Frerkiog. This is a
to uest for a' Vh iahce' undei: Article f, r -
XXIV, Section 100-244B based'upon the
July.'1; 1997 Notice' of Disapproval
issued by the Building' Inspector , in
which applicant applied for a building
permit rto, construct;,ine-addition�to,;
'dwelling which will hive iii fiisuMaeirt '
•front:setback`as a'principal'b'uilding at i
less than the existing; established •32 ft. j
nonconforming'ssetback: ';The" -Building .
Inspector has also confirmed that the set-
back is less than i 35 ft: setback (ref:• set-
back'schedule for'parcels having 9972:;
sq. ft. in size). Location of Property: 690:'i
Deep , Hole -Drive;" :Mattituek; •'.NY;
County Parcel #1000=115-i2:9.'
6:55 . p.m. • Appeal' No: ",4500
Catherine Harren. This is a request for
a Variance under' Aiticle. AK- Section
100-30A.4, ' based upon' the - June: 23,
MARY DIANA FOSTER
NOTARY PUBLIC, STATE OF NEW YORI(
NO. 52-06557-42, SUFFOLI( COUNTY
COMMISSION EXPIRES AUGUST 31,19
BOARD OF APPEALS : TOWN OF SOUTHOLD
-----------------------------------x
In the Matter of the Application
AFFIDAVIT
of
AJ
(Name of Applicants)
------------------------------------x
AFFIDAVIT OF MAILING AND POSTING
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, 1jVA)E +Tl+ANNoN , residing at 6277r d7,hW1z?,91W /0 Ar7live,<,
New York, being duly sworn, depose and say that:
1) On the J"-0 day of &U (cu i , 193-1, 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
A &-d e+Eove-J) ITIS CSS ,57 U Ap�
D BOX /_�.3I X uW e �5 c A-0` C.IKI
1 j JJooPe�-k ,TT E okn l eokr" It 73
a J.
1-c03eP1+jr0t jos 6'6se
k
and,
2) On the o�_ t'�o day of 40605-1 1991) I personally posted
the property identified as District 1000', Section %a? ,
Block o2 , Lot -24 , 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 �' aringnoted t reon to be held
s JiQ6 199`]) . � .
/
Sworn to before me this ' (signat e)
day of � us 1 199, .lAAf6 Y 4Vit1RPHY
Netary F}ublic,
State of Nov tat
No. 52-4601514
Qualified in Suffolk County
1 o ary Public Commission Expires,.. , _q
(Please return to the office of -the Board of Appeals when completed.
Thank you. )...
§ 58-1 NOTICE OF PUBLIC BEARING § 58-1
Chapter 58
NOTICE OF PUBLIC HEARING
§ 58-1. Providing notice of public hearings.
[HISTORY: Adopted by the Town Board of; the Town of
Southold 12-27-1995 as L.L. No. 25-1995. Amendments
noted where applicable.]
§ 58-1. Providing notice of public hearings.
Whenever the Code calls for a public hearing, this section
shall apply. Upon determining that an application is complete,
the board or commission reviewing the same shall fix a time
and place for a public hearing thereon. The board or commission
reviewing an application shall provide for the giving of notice:
A By causing a notice giving the time, date, place and
nature of the. hearing to be published in the official
newspaper within the period prescribed by law.
B. By requiring the applicant to erect the sign provided by
the town, which shall be prominently displayed on the
premises facing each public or private street which the
property involved in the application abuts, giving notice
of the application, the nature of the approval sought
thereby and the time and place of the public hearing
thereon. The sign shall be set back not more than ten
(10) feet from the property line. The sign shall be
displayed for a period of not less than seven (7) days
immediately preceding the date of the public hearing.
The applicant or hislher agent shall file an affidavit that
s/he has complied with this provision.
C. By requiring the applicant to send notice to the owners
of record of every property which abuts and every
property which is across from any public or private street
SOUTHOLD CODE § 58-1
from the property included in the application. Such
notice shall be made by certified mail, return receipt
.1 —v" posted at least seven (7) days prior to the date
4.
t" 1% Fa•
{ re on the application and
n'the'"iiicial='public hearing
addtd ..X .
essed.;Lpkthe owners at the addresses listed for them
-ori-the local :assQssment roil. The applicant or agent shall
file an:aCtidavit that slue has complied with this
provision_
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
Maureen C. Ostermann
Mrs. Anne M. Shannon
1775 Marratooka Road
Mattituck, NY 11952
BOARD OF APPEALS
TOWN OF SOUTHOLD
July 31, 1997
Re: Appl . #4498 - Deck Addition and Shed ( Variances )
Dear Mrs. Shannon:
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
For your records, please find enclosed a copy of the Legal Notice
which will be published in the upcoming issue of the Suffolk Times by
our office.
As soon as may be possible, please send a copy of the legal notice
or similar description which confirms the hearing date, time and place
and outline of your application by certified, mail -return receipt
requested, to all surrounding property owners, including property
owners across streets or vehicular rights-of-way. (If you need a list of
the* owners' names and addresses, please stop by the Assessor's Office
for the updated list since there may be a new owner, or two.)
Also
enclosed
is a sign
to be posted at the subject property within
ten (10)
feet from
the front
property line facing the right-of-way for a
period of
seven (7)
days, or
longer at your choice.
Please return the following -to us, together with the completed
Affidavits of Mailing and Posting:
a) postmarked receipts from the post office showing the
date you mailed the notices by certified mail;
b) 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 questions, please feel free to call.
Very truly yours,
Enclosures Linda. Kowalski
lnag. 9711nitr8.28
P.S. Please be sure to measure the setbacks from all property lines (to
prevent delay) in case questions are raised at the hearing by members.
-t7
lQp-
z
,2 Kq -,2y
'7/, OSD
V, -,Q
s%o t as
UrE� Sec�,�Ow
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen
James Dinizio, 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 AUGUST 281. 1997
_Appl. No. 4498 - Anne M. Shannon PARCEL 1000-123-2-26
STREET & LOCALITY: 2775 Marratooka Road, Mattituck, NY
DATE OF PUBLIC HEARING: August 28, 1997
FINDINGS OF FACT
PROPERTY FACTS/ DESCRIPTION:
This property is located in an R-40 Low -Density Residential Zone
District, being situate along the easterly side of Marratooka Road,
Mattituck. This lot contains .a total area of approximately 6775 sq.
ft. as depicted on the copy of survey map under this application.
The copy of the survey shows the following improvements: one-story
frame house set back 28 feet from the front property line and
accessory building located in the rear yard.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
June 24, 1997 which reads as follows: under Article IIIA, Section
100-30A.3, Bulk Schedule, for permission to construct deck addition
and accessory shed which exceeds maximum 20% lot coverage by
adding an additional 504 sq. ft. over that allowed by Appeal No. 42(;7
dated 9/15/94. Also under Article XXIV, Section 100-244 for
nonconforming lots, the deck addition will be less than 35 feet from
the rear lot line.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: 1) To locate
deck addition with ' a.n insufficient rear yard setback at not less than
30 feet (which deck will extend 15'3" past the rear of the existing
dwelling addition) , and 2) to locate accessory shed of 8 ft. by
10 ft. in size in the required rear yard at a minimum of three feet
from the rear property line and greater than three feet from the side
property lines, and 3) to exceed lot coverage by 504 square feet
over that granted under Appeal #4267 September 15, 1994.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the alternative relief area will not produce an
undesirable change in character of neighborhood or a detriment to
nearby, properties because parcel is extremely stna.11 in size at 6775+ -
sq. ft.
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
all
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:
C 4 - N Aj
--W 5 rl� - 6/
DATE OF. PUBLIC HEARING:
/ I,- ue
ars., � l�.G. 2.�, )q q-7
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
BOARD OF APPEALS •TOWN OF SOUTHOLD o (516) 765-1809
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
- RddeYV OR �
Lydia A. Tortora
Maureen C. Ostermann
�o�Og�FFO�,�cO
cm
cc 2
ep 41V
BOARD OF APPEALS
TOWN OF SOUTHOLD
S.E. Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4498
Project/Applicants: Anne Shannon
County Tax Map No. 1000- 123-2-26
Location of Project: 2775 Marratooka
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
August 28, 1997
Rd:, Mattituck, NY
Relief" Requested/Jurisdiction Before This Board in this Project:
Deck addition and accessory shed - Lot coverage amd rear yard
setback
This Notice is issued pursuant to Part 617 of the
implementing regulations pertair_ing to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law 7ga of the Town of Southold.
An Environmental Assessment (Short) Fcrm,has been
submitted; however, Section 617.13 cf 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type I1 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 IT for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)3, this determination shall have no affect upon any
other agencv's interest or SEQP.A 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)
t(5'_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 ZBADroject file for record purposes.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
�O��S�FFO��co
C= ?�
C* Z
1 •
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.4498
DATE: JUNE 27, 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 variance submitted by Anne M. Shannon
together with Zoning Board of Appeals Questionnaire; Short Appeals
Questionnaire, Short Environmental Assessment Form; Notice of Disapproval
from the Building Department; survey; and other relevant documents.
Judith T. Terry
Southold Town Clerk
J4740 AaA4tot Zttj,,,4
U �
111le 4A
�R.�.IZU 417U
AJ -1 zt Sys �aa6
P 1
JUN 2 X719
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen
James Dinizio, 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 AUGUST 28, 1997
Appl. No. 4498 - Anne M. Shannon PARCEL 1000-123-2-26
S'T'REET & LOCALITY: 2775 Marratooka Road, Mattituck, NY
DATE OF PUBLIC HEARING: August 28, 1997
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION:
This property is located in an R.-40 Low -Density Residential Zone
District, being situate along the easterly side of Marratooka Road,
Mattituck. This lot contains a total area of approximately 6775 sq.
ft. as depicted on the copy of survey map under this application.
The copy of the survey shows the following improverneiits: one-story
frame house set back 28 feet from the front property line and
accessory building located in the rear yard.
BASIS OF APPEAL: Building Inspector`s Action of Disapproval dated
June 2.4, 1997 ix-hich reads as follows: under Article IIIA, Section
100-30A.3, Bulk Schedule, for permission to construct deck addition
and accessory shed which exceeds maximum 200. lot coverage by
adding an additional 504 sq. ft. over that allowed by Appeal No. 4267
dated 9/15/94. Also under Articfe XXIV, Section 100-244 for
nonconforming lots, the deck addition will be less than 35 feet from
the rear lot line.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: 1) To locate
deck addition with an insufficient rear yard setback at not less than
30 .feet (which deck will extend 15'3" past the rear of the existing
dwelling addition) , and 2) to locate accessory shed of 8 ft. by
10 ft. in size in the required rear yard at a minimum of three feet
from the rear property line and greater than three feet from the side
property lines, and 3) to exceed lot coverage by 504 square feet
over that granted under Appeal 14267 September 15, 1994.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the alternative relief area will not produce an
undesirable change in character of neighborhood or a detriment, to
nearby properties because parcel is e,,ct.remely small in size at. 6775+ -
sq. £t.
(2) The benefit souglit by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
.. �r
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 AUGUST 28, 1997
Appl. No. 4498 - Anne M. Shannon PARCEL 1000-123-2-26
S'T'REET & LOCALITY: 2775 Marratooka Road, Mattituck, NY
DATE OF PUBLIC HEARING: August 28, 1997
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION:
This property is located in an R.-40 Low -Density Residential Zone
District, being situate along the easterly side of Marratooka Road,
Mattituck. This lot contains a total area of approximately 6775 sq.
ft. as depicted on the copy of survey map under this application.
The copy of the survey shows the following improverneiits: one-story
frame house set back 28 feet from the front property line and
accessory building located in the rear yard.
BASIS OF APPEAL: Building Inspector`s Action of Disapproval dated
June 2.4, 1997 ix-hich reads as follows: under Article IIIA, Section
100-30A.3, Bulk Schedule, for permission to construct deck addition
and accessory shed which exceeds maximum 200. lot coverage by
adding an additional 504 sq. ft. over that allowed by Appeal No. 4267
dated 9/15/94. Also under Articfe XXIV, Section 100-244 for
nonconforming lots, the deck addition will be less than 35 feet from
the rear lot line.
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: 1) To locate
deck addition with an insufficient rear yard setback at not less than
30 .feet (which deck will extend 15'3" past the rear of the existing
dwelling addition) , and 2) to locate accessory shed of 8 ft. by
10 ft. in size in the required rear yard at a minimum of three feet
from the rear property line and greater than three feet from the side
property lines, and 3) to exceed lot coverage by 504 square feet
over that granted under Appeal 14267 September 15, 1994.
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the alternative relief area will not produce an
undesirable change in character of neighborhood or a detriment, to
nearby properties because parcel is e,,ct.remely small in size at. 6775+ -
sq. £t.
(2) The benefit souglit by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
Page -2 - Appl. No. t267
Application of ANNE SHANNON
Southold Town Board of Appeals
because improved parcels of this unique size ordinarily exceed lot
coverage requirements by the nature of their size and/or shape when
improved by a single-family and detached garages.
(3) The requested area variance is not substantial based upon the
requested 504 square feet.
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because rear yard is significantly reduced by the size of the
existing attached deck and shed.
(5) The situation has been self-created.
(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 Chairman Goehringer,
seconded by Member Dinizio, it was
RESOLVED, to DENY the relief as requested, and BE IT FURTHER
RESOLVED, to GRANT AL'T'ERNATIVE RELIEF AS FOLLOWS:
t. The lot coverage is permitted to be increased only by 424
square Feet for the existing deck and/or shed for a total lot
coverage, all buildings, at not greater than 2,088 square feet.
(Options available to applicant allows either removal of the 80 sq.
ft. shed, or removal of 80 square feet from the "as built" deck area.
2. "As built" deck area shall not be enclosed or elongated.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO,
TORTORA, and OSTER.MANN. (Member Doyen was absent during
deliberations and vote. ) This resolution vva-5 duly adopted -0_)---7
GERARD P. GOEHRINGER,-`CHAIRMYIN
or
Actions. all/ 123-2-26
419-:160aw v "0
JUN 2r.71997. -
Southold Town Clerk
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DATE .......-IWklfZ
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
��4 � 1.'41: ✓i".W'V'Ve1V .....Of �7�:5.�!�1I/-�1.
1 (We) - �_ Name of Appellant .. Street and Number ..�-
A.�t.T.�fG/!........................................................ ...... lX.!..:........ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ....................................DATED ..................��.,,1.................
WHEREBY THE BUILDING INSPECTOR DENIED TO
..................
Name of Applicant for permit
of �
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY
Street /Hamlet / Use District on Zoning Ma*
Di stri ct 1000 Section /a3 Bl ock,� Lot °�(�':-Current Owner -Ave 15 �WViWIL)
Map No
- . _Lot _No.----�-�- prior Owner
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 Section
3. /TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( �I 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
C )
4. PREVIOUS APPEAL A previous appea (hos)(hos not) been made with, respect to this decision
Of the Building Inspector with respect to this prop_ y_
Such appeal was ( ) request for a special permit
( IJfrequest for a1vgqariance
and was made in Appeal No.......7�....... ..........Dated .... 9IZ�Jfl.....r.......................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(� A Variance to the Zoning Ordinance
is requested for the reason ,tet,
4WOCW .
Form ZB1
R /�
(Continue on other side)
REASON FOR APPEAL
Continued
I. STRICT APPLICATION OF THE ORDINANCE ~uu|6 produce p'ocdco| difficulties or unneces-
sary HARDSHIP because
2_ The hardship created is UNIQUE and isnot shored by all properties oUkm /n the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OFTHE DISTRICT 6�ouse ��� '
� '''~ �°,p��
STATE OF N
us
COUNTY O Signoturm
Sworn to this '-_--'��----_—_—.. day of ........................... lg/�
~
.. voilc '^--' �
.........
11�1
'---_.
ry Pu6|ic
~�"'
Notary Public,
State of Now York
No- 52-460ir314
Qualified |nSuffolk .
Cvmm/union Expires Al.
~�^o
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an enviro•nriental review will ue made Ly this Board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order to answer the -questions in this short E.AF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically'alter more
than 10 acres of land? Yes NO
2. Will there be a major change to any unique or
unusual land form on the site? Yes No
3. Will project alter or have a large effect on /
an existing body of water? Yes ✓Vo
4. Will project have a potentially large impact on �//
groundwater.quality? Yes V110
5. Will project significantly effect drainage flow //
on adjacent sites? • Yes V�'o
6. Will project affect any threatened or endangered
plant or animal species? Yes / No
7. Will project result in a major adverse effect on '/
air quality? Yes V.No
8. Will project have a•major effect on visual char-
acter of the community or scenic views or vistas ,�
known to be important to the community? Yes ✓:io
9. Will project adversely impact any site or struct-
ure of historic, pre -historic, or paleontological
importance or any site designated as a critical
environmental area by a local agency? Yes / No
10. Will project have a major effect on existing or /
future recreational opportunities?. Yes V No
11. Will project result in major traffic problems or
cause a major effect to existing transportation /
systems? Yes No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? Yes No.
13. Will project have any impact on public health V
or safety? Yes No
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over.a one-year _Yes No
period or have a major negative effect on the
character of the community or neighborhood?
15. Is there public controversy concerning the _
project?Yes ,Z, —. No
Preparer's Signature:
Representing: ��Z F Date: 0
4" /,'p
ZBA 4/75
QUESTIMMAIRE
FCR FILING WITH YOUR Z.B.A. APPLICnTION
A. Please disclose the names of the cwner(s) and anv other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
ni,/E - 6;41VA/O1tJ
B. Is the subject premises listed on the real estate market tor.
=
sale- or being shown to prospective buyers? ( ) Yes
( V'JJ No. (Sf Yes, oa e attach cnpv of "conditions" of sale.)
C. Are there any T=osals to change = alter land c toss?
( ) Yes ( Vf No
D. 1. Are there any areas which contain wetland grasses? lea
2. Are the wetland areas shown on the map sutmi;.ted with
this arrlication?
3. Is the property bulkr_eaced 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? 4/0
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads. or fences
which exist and are not shown = the survey map that you aro
submitting? NO If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? ti® If yes, please sub.mit.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? 0 If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel and
proposed use L�1C
uthorized Signature and Date
3/87. l0/9nik
• § 97-13 WETLANDS § 97-13
TOWN —. The Town of Southold.
TRUSTEES — The Board of Trustees of the Town of
Southold. [Added 6-5-84 by L.L. No. 6•I9841
WET-I--k-NDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 by L_I_ No. S-1985)
A. TIDAL WETLANDS:
(1) All Iands generally covered or intermittently cov-
ered with, or which border on, tidal waters. or lands
lying beneath tidal waters, which at mean low tide
are covered by tidal waters to a maximum depth of
five (5) feet, including but not limited to banks.
bogs, salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal action;
(2) All • banks, bogs, meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts, sea lavender, tall cordgrass, high
bush, cattails, groundsel, marshmallow and ion,
march cordrr:i SS: and/or
(3) All Land immediately adjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most Iandward
edge of such a tidal wetland.
B: FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24. Ti-
tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive.
of the Environmental Conservation Law of the State
Of New York: and
(2) All land immediately adjacent to a "freshwater wet-
land," as defined in Subsection B(1) and lying with-
in seventy-five (75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 2-25-85
. c, .
Standard N.Y. B.T.U. Form 8007 • 1-G8-20M—Bargain and Sale Deed, with Covenant against Grantor's Acts—Individual or Corporation.
CONSULT YOUR LAWYER Eiffi i1GNING THIS INSTRUMENT -THIS INSTRUM _ _ SHOULD BE USED BY LAWYERS ONLY.
LIBER 36 FACE 192
THIS INDENTURE, made the 29th day of June , nineteen hundred and sixty—eight
BETWEEN CATHERINE SEIFERT, formerly Catherine Klein, residing at
Marratooka Road, Mattituck, Town of Southold, Suffolk County, New York,
party of the first part, and ANNE M. SHANNON, residing at 9033 51st Avenue,
Elmhurst, New York,
party of the second part,
WITNESSETH, that the party of the first part, in consideration of One and 00100---------
------------------------------------------------($1.00) dollars,
lawful money of the United States, and other good and valuable consideration paid
by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
AEI. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and hdng3bxJhe at Mattituck, Town of Southold, County of Suffolk and
State of New York, bounded and described as follows:
BEGINNING at a monument on the easterly side of Marratooka
Road distant.251.99 feet northerly from the corner formed by the
intersection of the northerly line of Park Avenue and the easterly
line of Marratooka Road; said point of beginning being the south-
westerly corner of land now or formerly of Lindsay; from said point
of beginning thence along the southerly side of. -land now or formerly
of Lindsay, North 86° 57' East a distance of 116.60 feet to•a monu-
ment and land now or formerly of Dib ons; running thence along land
now or formerly of Dijons, South 3° 03' East a distance of,60.00 feet
more or less to a point; thence South 86° 57' West a distance of
108.95 feet -to the easterly side of Marratooka Road; running thence
along the easterly side of Marratooka Road, North 101 19' West a
distance of 60.49 feet to the monument at the point or place of
BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed by deed
from James C.. Whelan and Elizabeth Whelan, his wife, to Elmer E.
Klein and Catherine Klein, his wife, dated -the 4th day of April,
1955.anh recorded in Suffolk County Clerk's Office..on the 11th day
LIBER 63 76 PAGE 193
i
of April;_ 1955 in Liber 3866 of deeds at page 462., the said Elmer E.
Klein having died on February 21, 1962..
t ,
4
i
i
i
1
c
LIBER W Ai PAGE 104 -
TOGETHER with all rigl;
STATE OF NEW YORK. COUNTY OF'i •• - _ �Olk ss:
On the 29th day of June 19 68, before me
personally came
CATHERINE SEIFERT
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
she executed the same.
ary Yuoi1c
WILLIA49 wICKHAII
NOTARY PUBLIC, STATE OF NEM YORK
No. 52-4259004
Qaelified io S.ilalk CORRty
Terni e4res Mardi 30, 1969
STATE OF NEW YORK. COUNTY OF ss:
On the day of 19 , -before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
that he is the
of
the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
38argain anb Pale �Detb
WITH COVENANT AGAINS•I• GRANTOR'S ACTS
TITLE No.
CATHERINE SEIFERT
TO
ANNE M. SHANNON
(n STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS
Distributed by
THE TITLE GUARANTEE COBIPANY
IJ CHARTERED 1889 IN NEW YORK
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to
99
LIBER 63P76 PAC 85
STATE OF NEW T___. COUNTY OF ss:
On the day of 19 , before me
personally came
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that
executed the same.'
STATE OF NEW YORK. COUNTY OF ss:
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
that he is the
of
the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
SECTION
BLOCK
LOT
COUNTY OR TOWN Of Southold
Recorded At Request of The Titl2 Guarantee Company
RETURN BY MAIL TO:
Gary Flanner Olsen, Esq.
P.O. Boxc247
Mattituck, New York
Zip No. 11952
a
La
'..I _..
`
RECORDER
-�'
JUL 5 1968
NORMAN E. KLIPP
Clerk of Suffolk County,
AUG 2 81997 a7
also wish to receive the-
o SENDER: following services (for an extra v
N • Complete items 1 and/or 2 for additional services. ,
• complete items 3, and 4a & b.
07
we ca :
fee)Y
M • Print your name and address on the reverse of this form so that -- �- -- — -
L 1. ❑ Addressee's Address .)
0) return this and to you.
9 • Attach tis form to the front of the mailpiece, or on the back i space G
2. ❑ Restricted Delivery
does not permit.number,
Ca -
� Write " eturn Receipt Requested" on the mailpiece below the article
------------------- --
y consult postmaster for fee. cc
+' •The Retrn Receipt will show to whom the article was delivered and the date
r- delivered. 48. Article Number c
°
3. Article Addressed to: -
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49Se,01-11ll%14ISG/®✓`G�f% 4b. Service Type cc
CL ' ❑ Registered E] Insured
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U / j �TOO��/� ✓7 Vertified ❑ C}D N
_ Mail eturn Receipt for a
, chi /�PI✓H�Or°T / Merchandise o - -- — ---- — - ---- -------- —
w %f7✓'/ (� livery 3
Alb -�
Q j
S. ddres ee's Address (Only if requested --
+� and fe is paid)
5. ignatu (Addressee).
Signature (Agent)
RETURN RECEIPT
PS Form 3811, December 1991 *U.S. GPO: 1993-352-714 DOMESTIC -- - -- - —