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HomeMy WebLinkAbout4516..L � / r /�? �-^`SEC' • �c 4 P APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora 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 OCTOBER 9, 1997 Appl. No. 4516 - JOSEPH SHIPMAN Parcel 1000-108-3-5.5 STREET & LOCALITY: 20685 Main Road, Mattituck DATE OF PUBLIC HEARING: October 9, 1997 FINDINGS OF FACT PROPERTY DESCRIPTION: This property is located in an R-80 Residential Zone District, being situate on the north side of Main Road, Mattituck. This lot contains a total area of approximately 40,851 sq. ft., and adjoins acreage of the applicant immediately adjoining to the north. These lands are together used agriculturally for the growing of nursery trees (Christmas tree farm), which agricultural use is permitted in this R-80 Residential Zone. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated August 20, 1997 which states: "...freestanding signs are not permitted in a R-80 Zone. Such signs require Zoning Board of Appeals approval (100-205.1 Specific Sign requirements)...." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: For approval of a proposed ground sign to be located not closer than seven (7) feet to the front property line along the Main Road, and applicant has testified at the hearing that it will not be any closer than 15 feet from the edge of the road (county right-of-way). The purpose of the sign is to identify the existing nursery use and its related agricultural activities at the subject premises. The sign is proposed to be of a size of 3.5 feet by 7.5 feet wide, and the top of the sign is shown to be at 10.5 ft. from the natural ground. No interior lighting is proposed and a design sketch of the sign has been submitted to show brief wording and shamrock logo. REASONS FOR BOARD ACTION. DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable chan—ae in character of neiehborhood or a detriment to nearby properties because this type of sign is permitted in the A -C Agricultural Conservation Zone District, and although this type of sign is permitted only by variance approval from the Board of Appeals in the R-80 Residential Zone, the use and purpose are the same as that provided in the A -C Zone. • Page 2 - October 9, 1997 Appl. 44516 (J. Shipman) 1000-108-3-5.5 Southold Town Board of Appeals (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because free standing signs on A -C Zone residential property can only be granted upon approval by the ZBA. (3) The requested area variance is not substantial because the sign conforms and will not exceed 26.25 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 sign identifies an agricultural use of a Christmas tree farm. (5) The situation has not 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 Tortora, it was RESOLVED, to GRANT variance relief as applied SUBJECT TO THE FOLLOWING CONDITIONS: 1. In the event the agricultural use is discontinued for more than two years, the sign shall be removed, or otherwise be re -considered by the Building Inspector as to a new conformity (related to an agricultural use). 2. The set back from the front property line shall not be closer than seven feet as requested by applicant. 3. The top of the frame (name area) of the sign shall not exceed nine feet from natural ground (with or without the roof shown in the design sketch) . This is a reduction from the requested 10-1/2 feet total height. 4. Exterior lighting shall be shielded toward the ground and shall not be iridescent; interior illumination is not permitted. 5. The sign shall be positioned perpendicular to the Main Road as requested by applicant (not parallel to the road). VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO and TORTORA. (Member of she I land was absent -excused. ) This resol on w duly ad 3 GERARD P. GOEHRINGER, C IRMAN Adopted October 9, 1997 Actions. all/ 108-3-5.5 RECEIVED AND FILED BY THE SOUT - LD TOWN CLERK DATE io I Town Clerk, To lm 01 2outhold NOTICE OF ADDITIONAL HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 9, 1997 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 _M -un Road, Southold, New York 11971, on THURSDAY, OCTOBER 9, 1997 at the times noted below (or soon thereafter): 6:35 p.m. Appl. 44517.JD - GABRIEL DARIN. Based upon the Building Inspector's September 11, 1997 Notice of Disapproval, a variance is requested under Article M, Section 100-33 for approval of "as built" accessory storage building, constructed under Building Permit 4242142 with a finished height of 18 ft. 8 inches, which exceeds the maximum allowable finished height (average mean height) per code. .Property Location: 1350 Mill Road, Mattituck, NY; County Parcel #1000-106-10-3. 6:40 p.m. Appl. #4518.GG - JOSEPH SHIPMAN. Based upon the Building Inspector's August 20, 1997, approval is required under Article XX, Section 205.A(4) from the Board of Appeals for placement of a freestanding agricultural (nursery) sign in this R-80 Zone District. Property Location: North Side of Plain Road, Mattituck, NY; County Parcel #1000-108-3-5.5. Page - Additional h: firings for 1019 Southold Town Board of Appeals 8:05 p.m. Appl. #4518.LT: JAMES WALEER - Application for a Variance under Article XXIV, Section 100-243A for approval of location of "as built" handicap ramp with raised deck area, and for location of proposed deck addition to existing cottage, based upon the Building Inspector's Notice of Disapproval dated August 27, 1997 which reads as follows: "...Being a non -conforming budding with a non -conforming use in an R-40 Zone said building shall not be enlarged, reconstructed or structurally altered unless such building is changed to a conforming use...." Location of Property: 4250 Breakwater Road, Mattituck, NY; County Parcel T11000-106-09-1.1. 8:15 p.m. Appl. #4513.LT - SARAH WICKHAM GICALE. Based upon the Building inspector's .July 8, 1997 Notice of Disapproval, a Variance is requested to erect that portion of proposed fence which will exceed the four -ft. height requirement within or along a front yard area, Article XXIII, Section 100-231(A) Property Location: 160 East Road, Cutchogae, NY; County Parcel #1000-110-7-17. 8:25 p.m. Appl. #4515.MO - TIMOTHY McNALLY. Application requesting a Variance, based upon the Building Inspector's two Notices * of Disapproval: 1) dated August 8, 1997 which states: "...under Article XXIV, Section 100-242B the nonconforming old tin garage with a conforming use (has been replaced with a new wood structure) shall not be rebuilt or repaired if it has been damaged by fire or other causes to the extent of more than 50% of its value until the building is made to conform to the required height and yard requirements....", and 2) Amendment dated September 8, 1997, which added the following_ "...under Article XXIV, Section 100-243A, a nonconforming building with. Page - Additional h,, rings for 10/9 Southold Town Board of Appeals a nonconforming use shall not be altered, enlarged, or structurally reconstructed unless such building is changed to a conforming use._.." Applicant's project is for a deck addition to accessory cottage, and accessory storage building at 945 Fleetwood Road, Cutchogue, NY; County Parcel #1000-137-4-23. Building Ins 's August 20, 2997, approval quire der Article n XX, Section 205.A(4) B " of Appeals for placement of a Lq freestanding agricultural ry) s this R-80 Zone District. Property Locati . North Side of Main Road, Mattituck, NY; County b- Building ector's September 11 1997 Notice of Disapproval, a variance is re sted under ele III, Section 100-33 for approval of "as built" accesso to building, constructed under Building Permit Y24214Z with a Snisld ht of 18 ft. 8 inches, which exceeds the , maximum alio le finished h (average mean height) per code. Property ocation: 1350 Mill Roa ttituck, NY; County Parcel, 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 Ste is available for review during regular business hours (8-4 p.m.), and written comments may be submitted before that hearing is concluded. If you have questions, please do not hesitate to call 785-1809. Dated: September 29, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski X 7 FORM NO. 3 -.La l Ac� TOWN OF SOUTHOLD ,o -k 4YA�',C,-I �. BUILDING DEPARTMENT 0 SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: ..August 20,.1997.._.,_._, To ...tpaeph P... 81IIPMU...(ShaMrPtk Ire€. Faxm) ...9.8a` F-Ujah,'s Lane ................... 17a t t i tuck,. NY.. 11952......... . e PLEASE TAKE NOTICE that your application dated . M.&USt.JJ.......... 19 97_ forpermit to .F..rect a.S3'-€'l................................................... at Main Road Mattituck Location of Property ......................................... House No. 108 Street 3 Hamlet 5.5 County Tax.Map No. 1000 Section ........... BLOCK ........... LOT ............. Subdivision ............................... Filed.Map No. ......... Lot No. ....... is returned herewith and disapproved on the following grounds .that freestanding,_ .......... signs are not permitted in a R-80 zone. Such signs require Zoning Board of Appeals ......................................................................................... approval. (100-205.1 Specific sign requirements.) ............... ............................I......... .. ........... ........................................................................................... ............................................................................................ ............................................................................................ AA . Ltlrq �- .......e..... ............................................... ............................................................................................ ... . . .............. BUILDING INSPECTO RV 1/80 U TOWN 1' 1997 P. O. Bax 1179 Southold, New Ymk 11971 Fax(516)765-1823 Telephone (516) 765-1802 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUi'HOLD APPLICATION FOR SIGN PERMIT DATEAPPLICATION # Y7 —80 SCT # tQ _3 .5ZONE DISTRICT FEE: $50.00 PER SIGN TYPE OF SIGN(s) GROUND ROOF {,L WALL La --!:TC. APPLICANT: N PHONE # tr BUSINESS NAME: CK! �ZJ;L' tr� SIGN PROPERTY LOCATION: PROPERTY OWNER: J o"5 U V . The .following items are required along with the completed application. (1) Survey or accurate plot plan showing location of existing and proposed sign(s), building width facing streets. (2) Colored drawings with sizes and types of material of proposed sign(s), or photos of existing signs. Signs cannot be installed until the applicant receives a sign permit application approved and signed by the Building Inspector. After the sign(s) have been installed, the applicant shall request an inspection by the Building Inspector. If the sign(s) are in compliance, a sign permit will be issued and mailed to: AL1"�/} (ASP/94) a 7 b ""w STATE OF N� COUNTY OF ) {) Applicant {) Agent for applicant, hereby agree to abide by the conditions and requirements of Article XX SIGNS of the Zoning Code of the Town of Southold and other applicable laws, rules and regulations pertaining to such signs. 0 SIGNATUq OF APPLICANT S orn to before me th s G�1 say of _19 1 1 County�� — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Examined 19� 07 Approved 19— Disapprove a/c e go BUILDING TArSPECTO SEP 5' fir% TOWNOF SOtJTHb1wri Mery Mid � APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.�(�' RATE f.ip. -557.... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .... ........Of ............ ................................ ............ . Name of Appellant Street and Number ...........i lT .TAX.v c il................................................ .y............HEREBY APPEAL TO Municipaiity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE 1UILDING INSPECTOR ON APPLICATION FOR PERMIT'-' �.................................... DATED .... IfI4G55.LSS ....7. - WHEREBY THE BUILDING INSPECTOR DENIED TO .. o 4? ...�P: S i g. MRN....._...... _ __ Name of Applicant for permit of N S Lt� 7T trvc N Street and Number Municipality State ( ) PERMIT TO USE ( )) PERMIT FOR OCCUPANCY %/yf (Vr 1. LOCATION OF THE PROPERTY ...>�.�+ ...�/� r ,\Tucl1 Street /Hamlet / Use District on Zoning Mop District 1000 Section jO Block �lotS Current Owner M,5aj2iz &5/,;g nll9v MapNo. 9 • Lot No. I 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 c 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (A VARIANCE to the Zoning Ordinance or Zoning Map ( 7 A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws I �/ Art. 16 Sec. 280A Subsection 3 �p e � lVl R —%b 2 nv� dS ALA v''v-r`ioncP_ Z)Y' t1Ior.oP: U s UanC AV 4. PREVIOUS APPEAL A previous appeal (has) (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 and was mode in Appeal No....................:............Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( 0' A Variance to the Zoning Ordinance is requested for the reason that rree- �S-Ad.7,4;2� S� rLs al -e— n :�L p,er .;/T0� �3o�e. T10ft1l zBt (Continue on other side) .s ry. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because �iids�eas� s4a afv Mt�-8� #C Ipa2ojpf.^p-i4 V 0 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 pita fed i ® -lit +z ✓ AS flea L �9��s EA;. My ��ta�✓1�r�F�`� 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because .41" 4C7 , tt�S ck) r,C;r STATE OF NEW YORK ) /� ) ss (� .................................... COUNTY OF ....... SC(F�D�//N ) Signature . Sworn to this.............l�..�.................. day of......... �? 19 ?� ......................... UNDAF K®w�le1 Notary Public NagatypUM6 ftwofOjewy MIX 62.M47/1 65M= -,;;ed ! k flies on Eviras aa� io e - 3 - s.5 TOWN OF SOUTHOLD PROPERTY RECORD CARD WNER — STREET -- �., � ry`M� �VILLAGE a DSP cr -e -e-en / DIST. SUB. ER OWNER.-.__-..__-________ M / ?,q7% N P (� K , E ACR. C e ] 2[ // S W . =_N �3R/ l om"IrSINe TYPE OF BUILDING SEAS. VL. FARM_ COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS `—'--- �a s/F� �;P-0 Ceo,� lnr 16 —1, --- FRONTAGE ON WATER oodland — _-- - --- FRONTAGE ON ROAD' eadowland -- -- -- DEPTH r7� // c >use Plot — �J --- ------ BULIMEAD fol now or formerly Hugh Leahy 6 Judith Leahy\\\o° \\try -- 5.85°25'50'IE. 144.44! `\ 011, 8 off, n now or formeriv \� ° / d. v Craig Johnson 8 00 Loraine Johnson ks, ` �i Ed Lott o Area = 40851 s.f. o A Y c2� 2 r� 9.65-2550'E.5ooao N,65°2550NW. 264.09 MAIN ROAD (N.YS. Rte.25) SURVEY FOR CATHLEEN L. SHIPMAN s JOSEPH IF P.SHIPMAI 8 o,T£. JUNE 26,1997 LOT NO.f,IIGREENBRIAR ACRE -S- LOT SCALE.- r'=so AT MATTITUCK No -9,415 �LyN OF SOUIHOL NEW YORK (CiSUFFOLK COUNTY. MUNvETVWLATOCF LNEEV fONR SLTE EW[AE ON T l ANWGLANAEs 0' TNI] 3UNJET NOi fE OPS NNEO ]aOfl NfUU55ENUEE•OflML Lro AW va .u.. AYA FOR APPROVAL TO CONSTRUCT DEPARTMENT -D ,I sou'i' pf VE'E. _,_,E�PIIRL'p- .l(ALTH yyCN _'a LO' 0 XEY1ESi V.T[1. MAIM SMI Sf C110X �9a- IRORERtY "rC � fbA A4Lgy W,T XIM 110 FEET pF TWS OTHER TXOSET SMXOp ]fWSGf E,S,ost' S(f iaC� TMTTf [�RARTME-T • (M[ WRTO ]Jro (HE ]LNOfR°f OF THE SOEF CO YI % to- Kf1 p( MUIT" ][N+ Aw"cAxr. -----�.---`— a�nr STAKE FOUND �=STAKE 5ET �: NOTES�=MONUMENT FOUND �_ a�f' SUB FOLK COUMN YON pOt.7 1977 AS FILE p g5O9.ftK OF WELLIVI SlPTIC YAMllsils Gic3fVOOLf(Cfl ],YWN Nl1lLM 'q MM LOUYW Cl}rtgsr ... ., 9T]INFR FRTWr nTw411 iiAl ^AG£NCf lN0 A53 OMEES'OF HE It-- N'r of VJ- iE pry. PNp TO THE Npi T11Y15FENI f�E 4,/n L V Tliuilpt 6UGN4(I(OiIOOP ]U]]EOVC NT •V EWIiIONPL INS NS FNON HERS NENCON MOFEN(Y UMC] p 3i1NCE] ]RO'MNNnf3 MC FOR t3It WC EYI]TIMGNO LPE NOiVSEO i0 Ell"'. RPOSE OR TOR ME ERECl10N OF oPERrT LIHI ...,n ngTppNRER AVENUE ---- - & YOUNG RIVERFEAQ, NEW YUMN YOUNG ALDEN W YOUNG, PROFESSIONAL ENGINEER ANO LANG SURVEYOR ,I NS LCENSE NO 12H05 HOWARD W YOUN0G. LANG SURVEYOR N.Y S. LICENSE N45H9 __. f now or formerly Hugh Leahy 6 Judith Leahy\\\o° \\try -- 5.85°25'50'IE. 144.44! `\ 011, 8 off, n now or formeriv \� ° / d. v Craig Johnson 8 00 Loraine Johnson ks, ` �i Ed Lott o Area = 40851 s.f. o A Y c2� 2 r� 9.65-2550'E.5ooao N,65°2550NW. 264.09 MAIN ROAD (N.YS. Rte.25) SURVEY FOR CATHLEEN L. SHIPMAN s JOSEPH IF P.SHIPMAI 8 o,T£. JUNE 26,1997 LOT NO.f,IIGREENBRIAR ACRE -S- LOT SCALE.- r'=so AT MATTITUCK No -9,415 �LyN OF SOUIHOL NEW YORK (CiSUFFOLK COUNTY. MUNvETVWLATOCF LNEEV fONR SLTE EW[AE ON T l ANWGLANAEs 0' TNI] 3UNJET NOi fE OPS NNEO ]aOfl NfUU55ENUEE•OflML Lro AW va .u.. AYA FOR APPROVAL TO CONSTRUCT DEPARTMENT -D ,I sou'i' pf VE'E. _,_,E�PIIRL'p- .l(ALTH yyCN _'a LO' 0 XEY1ESi V.T[1. MAIM SMI Sf C110X �9a- IRORERtY "rC � fbA A4Lgy W,T XIM 110 FEET pF TWS OTHER TXOSET SMXOp ]fWSGf E,S,ost' S(f iaC� TMTTf [�RARTME-T • (M[ WRTO ]Jro (HE ]LNOfR°f OF THE SOEF CO YI % to- Kf1 p( MUIT" ][N+ Aw"cAxr. -----�.---`— a�nr STAKE FOUND �=STAKE 5ET �: NOTES�=MONUMENT FOUND �_ a�f' SUB FOLK COUMN YON pOt.7 1977 AS FILE p g5O9.ftK OF WELLIVI SlPTIC YAMllsils Gic3fVOOLf(Cfl ],YWN Nl1lLM 'q MM LOUYW Cl}rtgsr ... ., 9T]INFR FRTWr nTw411 iiAl ^AG£NCf lN0 A53 OMEES'OF HE It-- N'r of VJ- iE pry. PNp TO THE Npi T11Y15FENI f�E 4,/n L V Tliuilpt 6UGN4(I(OiIOOP ]U]]EOVC NT •V EWIiIONPL INS NS FNON HERS NENCON MOFEN(Y UMC] p 3i1NCE] ]RO'MNNnf3 MC FOR t3It WC EYI]TIMGNO LPE NOiVSEO i0 Ell"'. RPOSE OR TOR ME ERECl10N OF oPERrT LIHI ...,n ngTppNRER AVENUE ---- - & YOUNG RIVERFEAQ, NEW YUMN YOUNG ALDEN W YOUNG, PROFESSIONAL ENGINEER ANO LANG SURVEYOR ,I NS LCENSE NO 12H05 HOWARD W YOUN0G. LANG SURVEYOR N.Y S. LICENSE N45H9 __. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr-. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD October 14, 1997 Mr. and Mrs. Joseph Shipman Shamrock Tree Company 985 Elijah's lane Mattituck, NY 11952 Re: Variance Application for Agricultural ID Sign Dear Mr. and Mrs. Shipman: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please find enclosed a copy of the board's decision, adopted at our October 9, 1997 Regular Meeting. A copy has today also been furnished to the Building Inspector's Office as an update to their initial Action of Disapproval and for use in the open building permit application file. Before placing a sign, be sure to amend your application with the Building Department to show the requirements in the ZBA determination. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNT' EXECUTIVE STEPHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING October 17, 1997 -- , UC T 2 2 Town of Southold - --- Zoning Board of Appeals - Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be. no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s)- Weeden, James 4511 Mc NallyrT-imoth_y 4515 Shipman, Joseph 4516 GGN:cc C:\WPWIN601WPDOCSIZONINGIWORKINGILDSIOCTUS26057.00T Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE ■ P.O. BOX 6100 ■ HAUPPAUGE, LONG ISLAND, NY 11788-0099 ■ (516) 853-5190 ■ FAX (516) 8534044 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora 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 Pursnt to rtdcle =.T of the Suffolk County Administrative God--, Mn Board of R eals of the Town of Scuthold, New York, he---,hv refers the foLcwir_g to the Suffolk County Planning Cmml ssicn: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector SpecLai Exception, Article ,Section XX coecial Permit (Specific Sign requirements 100-205.1) Appeal 110: 4516 Applicant: Joseph Shipman Location of Affected Land: 20685 Main Road, Mattituck, NY County Tax Map Item No.: 1000-108-3-5.5 Within 500 feet of. Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreati an Area Existing or Proposed Richt-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channei Lines, or Within One chile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to erect a freestanding sign in a R-80 Zone Copies of Town fiie.ana related aQcumencs enc iosea ;or Your 112vuew. Dated: October 16, 1997 BOARD OF APPEALS=TOWN OF SOUTHOLD ----------------------------------- In ---- -In the Matter of the Application AFFIDAVIT of L((NX N �O C 1-1 GiL� lV ame of Applicants) ----------------x - POSTING - AFFIDAVIT OF MAILING AND COUNTY OF SUFFOLK) STATE OF NEW YORK);: _ c e � . residingat 17- T i � 7-0 / 5 New York,. being duly sworn, depose and say that: 19 , I personally mailed, 1) On the /s day of 'c of the by certified mail return receipt requested, a true copy 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 shohwn oat n i thicurrent ed at assess- ment rolls of the Town of -Southold; the United States Post office' to each of said persons by certified mail, return receipt req ues ed Name of Surrounding' Pronerty Owner Mailing Address �J NSDIV �S N k6—WALL�TuC/G (f liis'2 e� L s o��E,�yo��3s C L NN vc 5� L S110 and, 2) On .the j67- daY of CJct 1997, I personally posted the property identified as Districts 100 ac sec the To L'on � official poster Block 3Lot � Y p from the property line facing the street ten (10) fest, or closer, (or facing the right-of-way), and that I have checked to be sure the the poster has remained in c off hearing noted thereonprioror seven full days to be held date of the public hearing (date 199 }. Sworn to before me this (signal �) LINDA F.KOWALSKI �- day of 0 199 floury Public, StM of New York No.62-024771 In Suffolk County ((yy0 So�1;®spmus tl ov. 30, 1.9 ,L ��---.. ,.., time Qf_f of the Boa -rd ';of�`,Appeals, w�'ae� C�T�S?�ec. 58-1 NOTICE. OF PUBLIC IIZARING § 58-1 Chapter 58 NOTICE OF PUBLIC EMARING 58-1. Providing notice of public hearings. (HISTORY Adopted by the Town Board of, the Town of Southold 12-272-1995 as LL No. 25-1995. -Amendments notect.where applicable -1. § 58-L Providing notice of public hearings. I' -_- - Whenever the Code calls for_ foa public hearing, this section shall apply. Upon determining that an application is complete,., the board' or commission nevie7ing the same shall ffx 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'pubiished 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 nodice 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 a-om, the property- line.. The sign shall be displayed fora period of not !4is than seven --(7) days immediately preceding the date of the `public hearing -The ai ' 3uiicant or hisiber agent shall file in affidavit that sihe. 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. SOL -MOLD CODE or Irroni the property, included in the application. Sach notice tice shall --be made by vertifled mail, return reco-11.3C _� __.quested, posted at least seven days pri or to the date :-. the appiication and initiai public hearing an rar -I.J) ;.''Al 'n a (41 t- 7'. add to the ovmer3 at the addresses listed..,. snail. them on the locaL ass%.�ertt rojl_The.aj -icaqt,orage ­;Ith' ."". ."I'7. rile an",afflidavit that. sibe has­�_'vn .c6irmlied tff7- m_ ADDITIONAL HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 9,1997 NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and the Code of thk Town of Southold, '- r 1 the.following applications will be held for.., public ..hearings ,.,by ._-the..,., l SOUTHOLD -TOWN BOARD OF APPEALS, at the Southold Town Hall, , 53095 Main Road, Southold, New York 11971, on THURSDAY; OCTO- BER 9, 1997 at the times noted below ' (or soon thereafter): ,•-' i 6:35 p.m. Appl. #4517JD• — GABRIEL DARIN. Based upon the Building Inspector's September 11, 1997 Notice of Disapproval, a variance . , is requested under Article 111, Section - 100-33 for approval of "as built". acces- sory storage building,-•; constructed under Building Permit #242142 with a , finished height of 18 ft. 8 triches; which exceeds the maximum allowable fin- , ished. height (average mean height) per code.Properly Lbcatio'n:�1350 Mill Road, Mattituck; NY; County- Parcele #1000-10640-3: ___-6:40 '15-m. 'Appl. k #451&GG JOSEPH SHIP Based upon the P BuildingIns ector� �gust 20; 1997,:•;- ;•approval is require ujider Article XX;' Section 205.A(4) fiS '111 the'. Board of Appeals for placem ii f.a freestand= Ing agricultural (our.sign in this i X-80 Zone District. tiro �n�y:Locadons _. North Side of Main. aQ, Mattituck;:='tl NY; County Parcel #] 108-3-5.5. 8:05 P. App1.d518.LT"- JAMES McALEER. Application fora Variance under Article X}(1V, Sectlon'- 100-243A .for approval of location of "as built" handicap ramp with raised • •, deck area, and for location of proposed deck addition to existing cottage, based . upon the Building Inspectors Notice of Disapproval dated August 27, 1997 which.: reads as' follows:;":,.`.Being ,a/ non -conforming building with a non- conforming use in an R-40 Zone said- ­ building shall not be enlarged, recoh= Ii is for a deck addition to accessory cot- L strutted or structurally altered unless tage, and accessory storage building at,, such building is changed to a conform- 945 Fleetwood Road, Cutchogue, NY; Ing use..." Location of.Property: 4250 County Parcel #1000-137-4-23. Breakwater Road, Mattituck,NY; The Board of Appeals will at said •, County Parcel #1000-106-09-1.1., time and place hear any and all persona 8:15 p.m'' Appl. ' 04513.LT p or representatives desiring to be heard : SARAH WICKHAM GICALEY in the above applications. The above / ` Based upon the •Building Inspector's hearings will not start before the time designated. Each file is available for July 8, 1997 Notice of Disapproval, a D.� Variance is requested to erect that por- 'review during regular business .hours j tion of proposed 'fence , which will (8-4 p m.); and written comments may,- exceed the four -ft. height requirement 1 be submitted before that hearing is con - within or'. along i : front-- yard area, chided., If you have questions, please XXIII - Section• 100-231(A). do iiot hesitate to call 765-1809. j5 �-1j t`5 STATE OF NEW YORK) ) SS: �LINTY OF UFFOLK) 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 Article , : , ty Location. ,160'•East Road, 'I Dated: September 29,199?. ?; the annexed is a printed copy, has been regular - Proper Propergue, NY; .County Parcel #1000- ! , ..� - - _ BY'ORDER OF THE CutchoSOUTHOLD TOWN 110-7-17. :: 1 ly published in said Newspaper once each week z . 8:25 p.m. Appl: #4515.MO —TIM- i BOARD OF APPEALS 1 OTHY McNALLY. Applicption GERARD P. GOEHRINGER, for �I weeks s Cees ively, /a meriting on requesting a Variance, based uppp,the_ _ Chairman ., the— �C... day Of= E-. .9 8.'�r ?? "$yLjrida Kowalski Building ;Inspecioirs, ttvo Notices `of'� '' :.-' � f d'Au"list 8'`1997" 156=1T02 I15 pDisapproval.; l) a e g - — which..states:..";::ii ider,Article ., XXIV, Y'-Section100=242B:th6.;rion6dnfbrming i i3 old Yin-garage.•with a conforming use (has been replaced ,with a new wood i structure) - shall .c not=• tier rebuilt or repaired if it has been damaged by fire or other causes to the' errient of more il than 50% of its value until the building ' { is made to conform to the required ; f height and yard requirements.:.", and/ X� 2) Amendment dated September 8, t 1997, which added the following: Article XXIV, Section 100- \,,...under 243, a nonconforming building with a , A nonconforming use shall not be altered, i enlarged, or structurally reconstructed L11S� h ed to a unless such building ics ang conforming rise..." Applicant's project o 041 Principal Clerk Sworn to before me this 6 ix day of 19� MARY DlAtIA FOSTER :, aEvJ YO1tI( tIOTARY M131 -1G aIATF OF t - NO. 52-465524?", SUFFOM COUtily COD: MISSIm EXPIRES A101Sf 31, 1909 �1lursery Jig n NOTICE- 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: �pseP�. a- Ca+k% iee�n DATE OF PUBLIC HEARING: OCT% r 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 S a m and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809 � G X6 C64 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. 16 DATE: SEPTEMBER 15, 1997 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted is application for a zoning appeal of SHAMROCK TREE EXPERT COMPANY together with Zoning Board of Appeals Questionnaire; Short Environmental Assessment Form; Notice of Disapproval from the Building Department; copy of signpermit application; and survey. Judith T. Terry;,:. Southold Town Clerk RECEI SEP 1 5 1997. l of SOUTJOLI N�eEW rk S °Rh�old - TOWN APPEAL NO. OF BUILDING INSPECTOR —^rr-uN - rniJM DECISION PATE •• ••' " ' NOF SOUTI-{OLD, N. Y. TO THE ZONING BOA RD OF APPEALS, TOW Lk� .. n t• ,yl /�..... of ......••••• Street •and Number 1, (We) .��" a�. ........ .. APP °•n, IJ HEREBY APPEAL TO Nome u G I L ......................... .........stat© -.. . . . . ..i 1 1T::f..i.r;...... •• :" ' ON Municipality SPECTOR F APPEALS FROM THE DECISION OF THE BUILDING IN THE ZONING BOARD �t,s.1LSt.••••• ••r . DATE ••••• • • APPLICATION FOR PERMIT®'' ` WHEREBY THE BUILDING INSPECTOR DENIED TO - .. - Nompplicant•for permit..... - f�................. of A - of L �}.{.:. 5..... �.!�.... Municipality State n. A s- ��......... ".. .1..e. and Number •Street ( ) PERMIT TO USE I� OCCUPANCY e r I Lo ._z0 S� ( ( ) PERMIT FOR Lf s. CP r ( ,/u. Steri/ S% �j,v\ l" •.....n Zoning MOP v) /t I J .. ............ ERTY ...! R... j amlet ,�• Use District o 1, LOCATION OF THE PROP Street / :S Block 3Lot S' , Current Owner u_j a I0 k - 1000 tion _ _ .........– z - Di i t .Sec _ str c_ /- Lot No. � Prior Owner Sub- .MOP.EALED No ��`O N IS CE APP Indicate the Article Section, T3 (S) OF THE ZONING ORDINANCE r 2 pROVISlOdinance.) ra h of the Zoning Ordinance by number. D° not quote the O section and P01139P Secti on Article (please check appropriate box) 3. TYPE OF, APPEAL Appeal is made herewith for (� A VARIANCE to the Zoning OrdirwnCe or Zoning Map n Low Chop 62 Cons. Laws VARIANCE due to lack of access (State of New York Tow ( ) A V e � Art. 16 Sec. 280A Subsection 3 r r .� s � �Jur�(iY1C (✓i _ "� previous appeal (has) (h°J °t) been made with respect to this decision 4 PREVIOUS APPEAL A prev of the Building Inspector or with respect to this property. ecial permit Such aPPeOI wa • s ( )request for a special . ( ) request for a variance ............................... ...... an was made in Appeal No ................ Dated .. .......... ..� REASON FOR APPEAL Subs A VariaOrdinance N Zoning ection 3 nce to � ) Section 280A f A Variance to the is requested for the reason that rive. J dry /3un/(' . (Continue on other side) Form zD1 REASON FOR APPEAL • Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce. practical difficulties or unnece '- sary HARDSHIP because s W G v I U IV L^ T' %0 n U �^ y J%2 6F/_ STAN®tn�G s« nJ vN P 4C 'Z-' v to Ic .FP u 2. The hardship created is UNIQUE and is not shared by all properties alike 'in the Im vicinity of this property 'and In this use district because mediate Tt+t�2� /�&Cz 'neo 4N0 I N -� ti�sT/;Ir15kU: a•s-r-���� �U ' I ¢ jC H5,., N c 3. The Variance would observe the .spirit of the Ordinance and WO CI-IARACTER OF THE DISTRICT ULD NOT CHANGE THE • because ov fV 7-111 K,1 lS1sTo2�eT STATE OF NEW YORK COUNTY OF ss l�....S�9noture. ............................ Sworn to this .. ...... ........................ day ol.................. 19 9. c �...... t�... ,.L?7.1... ................. Notary public . LJNDA F. K01,vALSKf AloterY Public, State of Nary No' 62-4624771 York Aualtfied In Suffolk C, a t mission Expires rip ty STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION STATE OFFICE BUILDING 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 CRAIG SIRACUSA, P.E. ACTING REGIONAL DIRECTOR September 10, 1997 Joseph Shipman 985 Elijah's Lane Mattituck, NY 11952 Dear Mr. Shipman: JOSEPH H. BOARDMAN COMMISSIONER Sign :Inquiry Shamrock Christmas Tree Farm North side of NYS Route 25, approx. 630 feet east of Elijah's Lane,' Mattituck SCTM #1000-108-03-5.5 Request #R0918 We have reviewed your recent submission, consisting of the survey dated 6/26/97 by Young & Young, and your elevation sketch showing the size and message of the sign. As long as the sign is placed at the location superimposed upon the survey, namely at a distance no less than 7 feet between the leading edge of the sign panel and your southerly property line, no State permit is required. As per your request, we are returning your copy of the survey. Thank you for consulting with us in this matter. If you have any questions, you may contact S. Lauer at (516)952-6091. very rul r yours, CLIFFORD WINTER Regional Property Manager enclosure The N.Y.S. Environmental Quality Review Act requires submission of this form, and an enviro,nriental review will be made Ly this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF 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 N 2. Will there be a major change to any unique or unusual land form on the site? Yes 3. Will project alter or have a large effect on an existing body of water? Yes 4. Will project have a potentially large impact on groundwater quality? _Yes S. Will project significantly effect drainage flow on adjacent sites? • Yes ✓✓✓ o G. Will project affect any threatened or endangered plant or animal species? _Yes yo 7. Will project result in a major adverse effect on air quality? Yes -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 INO 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 o 10. Will project have a major effect on existing or future recreational opportunities? _Yes _No 11. Will project result in major traffic problems or / cause a major effect to existing transportation J 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? _YesNo 13. Will project have any impact on public health or safety? _Yes . No 14. Will project affect the existing community by 7 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 J project? _Yes No Preparer's Signature: Representing: Date: ZBA g/•75 - BOARD OF APPEALS : TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application AFFIDAVIT of .i vs e -P 4 + CAT1419 CN (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) 13 residing at New York, being duly sworn, depose and say that: 1) On the. day of , 1996, I personally mailed, by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner Mailing Address and, 2) On the day of , 1997, I personally posted the property identified as District 1000, Section , Block Lot by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street (or facing the right-of=way) , and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing (date of hearing noted thereon to be held 1997}. Sworn to before me this (signature) day of ) 1997. Notary Public (Please return to the office of the Board of Anueals when completed. Thank you.) § 58-1 NOTICE OF PUBLIC HEARING § 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 his/her 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 § 58-1 SOUTHOLD CODE § 58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven on days prior the application and to the date of the initial public hearing on sted ror them addressed to the owners at the addr applicsses ant agent sh 1 on the local assessment roll. The app file an affidavit that s/he has complied with this provision. QUvSTTCiIIIAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of Ithe owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.). B. Is the subject premises listed on the real estate market tar = sale or being shown to prospective buyers? { } Yes { } No. (Zf Yes ni Aa Ge. attach cnpv of "concditf nrs" of sale-) C. Are there any 'p'raposals to change alter land cgntc ? { } Yes .{ } No D. I. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 1. Is the property bulkheaded between the wetlands area and the upland building area? 4. '.If your property contains wetlands or ond You contacted the Office of the Town Trustteeseasfor its e determination of jurisdiction? 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 fe=as which .esa ist nd are not shown an the survey map that you aro submitting?, If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? If yes Please submit.a copyof your building permit and map as _ approved by the Building Department_ If none, please state. H. Do you or any cc -owner also own. other land close to this parcel? If yes, please explain where or submit copies of deeds.— I. eeds. I• Please list present use. or operations conducted at this parcel proposed use and Authorized Signature ana Date 3/87, I0/901k - - § 97-13 WETLANDS § 97-I3 TDtiVNL — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southoid. [Added 6-5-84 by L.L. ANo. 6-19841 WETLANDS [Amended 8-25-70" by LJ_ No. 2-1975: 3-26- 85 bvLJ_ X70.6_19S7�r•, j .Tr A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered tivith, 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 Iavender, tall cordgrass, high • bush, cattails, groundsel, marshmallow and low march cordgrass:and/ar • (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 landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24• Ti- tle 1, § 2.1-0107, Subdivisions 1(a) to 1(d) inclusive• of the Environmental Conservation Lav of the State Of New York: and (2) All land immediately adjacent to a "freshwater Nvet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet laiidwa.rd of the most land - Ward edge of a "freshivater wetland." - - - -9705