The URL can be used to link to this page

Home My WebLink About4466�N•+//S �'niz� ) 420�c1T C/i[}.2J /reds CA_ <faf APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. P*ft"4kic Lydia A. Tortora Maureen C. Ostermann ��O�OgUFFO��-Cp� o C4 2 oy BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516)765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF APRIL 24, 1997 Appl. No. 4466 - PETER WALKER PARCEL 1000-98-1-7.17 STREET & LOCALITY: 375 Pine Tree Court, Cutchogue DATE OF PUBLIC HEARING: April 10 and April 24, 1997 PROPERTY DESCRIPTION: This property is located in an R-80 Residential Zone District, being situate along Pine Tree Court. This nonconforming lot contains a total area of 79,135 acres. Existing is a two-story masonry house with attached garage as shown on the March 2, 1989 survey map, revised July 24, 1995, furnished by applicant. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated March 11, 1997, which reads as follows: under Article III, Section 100-33, "proposed construction must be located in the required rear yard. Also under Article XXIII, Section 100-231A, fencing in the front yard cannot exceed 4' in height and 6-1/2 ft. in height in side and rear yards. Fence height has not been addressed in this application to the Building Department. Action required by Zoning Board of Appeals...." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate a 60 ft. wide by 120 ft. deep accessory tennis court structure partially in front yard and side yard areas (and the remaining portion in the rear yard). Setbacks are requested at ten (10) feet from the northerly, closest property line and 100 feet from the westerly property line. ADDITIONAL FINDINGS OR FACTS: Section 100-33B(3) provides a minimum setback of 10 ft. when located on lots containing in excess of 39,999 and less than 79,999 sq. ft. The setbacks proposed meet this requirement. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The undesirable of the area variance will not produce an character of neiehborhood or a detriment to nearby properties because the property is a large rectangular - shaped lot, located at the end of a private road. The tennis court is to be located in a large open area that provides ample buffering from adjacent properties. Page 2 - Appl. No. 4466 (Walker) Decision Rendered April 24, 1997 Southold Town Board of Appeals (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the property is unusually long, 462 feet. along the private road, and there is insufficient area in the required rear yard to locate the tennis court. (3) The requested area variance is substantial because a portion of the tennis court will be located in the required rear yard and its location will meet the minimum setback requirement of ten (10) feet from the northeasterly property line, and 100 feet from the westerly property line. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the proposed location is a large open area which the applicant plans to retain in a natural undisturbed state. (5) The situation has not been self-created because the house is located in the middle of the property. All feasible locations of the tennis court would automatically place it in an area other than the required rear yard according to the Southold Town Zoning Code. (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 because a portion of the tennis court will be located in the required rear yard and its location will meet the minimum setback requirement of ten (10) feet from the northeasterly property line, and 100 feet from the westerly property line. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied and subject to the following conditions: 1. No lighting for after -dark use of the tennis court (ref: code requirement); 2. No appliction was filed by applicant because the height of the proposed tennis -court fence at four feet meets the code regulation. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Tortora and Ostermann. (Member Dinizio was absent.) This resolution was duly adopted (4-0). 0101 1— a . 1"LD AND FILED BY GERARD P. GOEHRING R�TK2IS %IAWJLD TOW14 CLERK APPROVED FOR FILIN 4/25/97 ** ** * * * ** DATEa-7 HpUR/U:,,S Actions. 97/981-7.17 /09 Town Clerk, Town of Southold 'A-14-1997 11:05AM APR la '97 11 APPEALS BOARD April 14, To: Karen IL Timew Times. Appeals. eommunicatio Law and will be helk Of all testi BOARD OF Southold, N noted below 5:15 P.M. Request fow upon the A Inspector, back at les- or bluff. al C.A. 48, G 6:20 p.m. variance ba the Buildi; accessory t yard, Artiic FROM TIMES/RE�ItEVJ St6 X98$7 SOU' .D Tit PA -L $16 755 1823 BOARD -OF APPEALS TOWN OF SOUTHOLD er etgs first page/receipt to confirm receipt by, Buz aA and return to us at 765.1823 , us a legal document which wilt 3• Tl�k You-) This legal notice cons t s LEGAL NOTICE 3 I HEREBY GIVEN, pursuant to Section E e of the Tom of Southold, the fo additional public hearings fin order tot a and documentation submitted) by the € I T,ALS, at the Southold Tows Hail, 53t 5 p York 11971, on THURSDAY APRIL 24 711 as soon. thereafter as possible): S . No. 4a4 - TOWS AND KATHY XGURM a Variance under Article XXIV, Section wry s s 31, .1897 Action of Disapproval issued; vy 1 r to locate swimmingpool with f *' ttan the required log ft. setback from the qi LC the Long Island Sound. Location of Ole export; Parcel No. 1000-44-1-2. i F k 1. No. 44W - BETER WALKER. This i, , s_ :d upon the March. 11, 1997 Notice of 3 . Inspector. for permission to locate a court structure in an area other than Section 100-231A. Location of 7 c ls P. 2 F. G iouthold TownHali 53495 Maio Road P.O. Box 1179 M4 New York 11971 Fax(516)765-1823 phoae(516)765-1809 M d pages. Town receipt TOWN Road, e times �, based Building sure set the bank 54775 for a 4 by 0 of MW� Me, .`_ Page 2 - (Additional) Legal Notice Southold Town Board of Appeals Regular Meeting of April 24, 1997 Tree Court, Cutchogue, NY; size of 79,135 sq. ft. Parcel 1000-98-1-7_17, containing a lot 6:25 p.m. Appl. No. 4467 - CAROLINE TALBOT. This is a request for a variance based upon the March 4, 1997 Notice of Disapproval issued by the Budding Inspector for permission to construct an accessory storage building in a front yard area, at premises located at Fog Avenue, Fishers Island, NY; Parcel 1000-9-1-27, contain a lot size of 18,500+- sq. ft 6:30 p.m. Appl. #4410 - GARY SACKS and ALAN Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants request a Variance under Article XXiII, Section 100-239.4B for a proposed deck addition within 75 feet of bulkhead, at 125 Mesrobian Drive, Laurel; Parcel #1000-145-4-7. 6:35 p.m. Appl. #4468 - MATTHEW AND LAURIE DALY. This is a request for a variance based upon the March 17, 1997 Notice of Disapproval issued by the Building Inspector, for a building permit to construct new inground pool, which disapproval is based "...under Article III, Section 100-33, accessory buildings, structures and uses shall be located in the required rear yard...." Location of Property: 2505 Deep Hole Drive, Mattituck; Parcel 1000-115-14-12, containing a lot size of 22,500 sq. ft. 7:15 p.m. Appl. #4463 - L. SUTER d/b/a BLUEWATER SEAFOOD. The C� applicant is requesting the following: (a) Variance relief based upon the January 6, 1997 Action of Disapproval issued by the Building Inspector, which states that a "permit to construct metal frame with canvass roof (addition) to existing Page 3 - (Additional) Legal Notice Southold Town Board of Appeals Regular Meeting of April 24, 1997 "permit to construct metal frame with canvass roof (addition) to existing retail fish market is disapproved on the following grounds: Under Article XXIV, Section 100-244B, proposed addition to existing retail fish market with accessory seasonal single service utensil seating, proposed construction is on a nonconforming lot located in the B General Business District, has insufficient side yard of ... less than the required 10 feet. Action required by the Zoning Board; action also required by the Planning Board..."; and (b) Variance relief under Article XIX, Section 100-191 "Off Street Parking Areas" for permission to utilize additional accessory open parking spaces within 200 ft. walking distance of the subject lot identified as Parcel 1000-122-3-7 (Suter), located upon adjoining property identified as Parcel 1000-122-3-6 (now or formerly of Bagshaw). This proposed additional parking area is located at the rear portion of the Bagshaw parcel that is zoned R-40 Residential, and is accessible to serve the immediately adjacent IIB business uses. The remaining portion of the Bagshaw property (as well as the Suter parcel) is zoned "B" General Business. Street Address of Property: 11400 and 11500 Route 25 (a/k/a Main Road), Mattituck, NY; County Parcels identified as 1000-122-3-7 and 6. 9:35 p.m. Appl. 44429SE and 4430, by LILCO, as Contract Vendee, concerning premises referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel), identified as 1000-122-7-6.6, and also known as Lot #2 consisting of 35,798 sf. as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: Page 4 - (Additional'�-`Legal Notice Southold Town Board of Appeals Regular Meeting of April 24, 1997 (a) Appi. No. 44295E - Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this "BTM General Business District. (b) Appl. No. 4430 - Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, and which exceeds 6-1/2 feet in or along side and rear yards. Dated: April 14, 1997. GERARD P. GOEHRINGER, Chairman SOUTHOLD TOWN BOARD OF APPEALS r (1111 RI n if f_ TOWN OI' SO(I'l1101-1) BUILDING 1)l,'TAll.lAl1:NT ' -1 OWN Cf..L•Itl"SUI-.FICI.- SOI)TTIOf.I). N.Y. NQJ ICE OF IIISAITROVAL 99 1aAw-e�//1am I'LI ASF i',IICJ' NOi'IO', thal ynur illplicn(inn dalcd ......... 19 7./. . Jul ,eruul In -n G�CJ• ............ n( Loma, rtopl % : Nm 4T House Sirxer �y !), I No: 1(100 Section ..... CornO ..... Block .... . /�........ Lot Subdivision . ,'. . . : . . . . ...... Filed Mil, No. ................ Lot No. ..... p k rn uad hamwilh irnd dls:q,lrrovad on Ihv fallowing I(rounds9-3 ;....... . '.... . ... ..... I3ui ]ding S.uspect: r RV .1/00 n ` FORM N0. 1 SOUTHOLD ? t RUIO NGOF Fu C_ ( IG97 i' TOWN HALL r' SOUTIIOLD, N.Y. 11971 t _ TEL: 765-1802 BLDG. DEPT. k 70VVNOiSOUTHOLD Examined .................. 19.... Approved..... ..... ., 19 P ............. Disapproved a/c ... ........ ...... .............. ......... ...................... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS I ..I. 1101._..Or HEALTH ............. . 3 SETS OFPLANS... .. .... SURVEY ........................ COECR ......................... SEPTIC FORM ................... NOTIFY: 7 CALL ...�;5 MAIL TO: ........ ............ Date.................19.... a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Pee according to schedule. b. Plot plan slowing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be dracm on the diagram which is part of this application. c. .The work covered by this application Play not be crnmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will. issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e; No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of OccupancT shall have been granted by the Building Inspector. APPLICATION IS BERM, MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, Ne!a York, and other pplicab a laws, Ord inances'or .Regulations, for the construction of. buildings, additions or alterations, or nr 1 or lition, as herein described. The applicant agrees to comply with all applicable laws, ordinaqT-7 ri d ng housing code, and '.regulations, and to admit authorized inspectors on premises and in building tions. f ........-. V.. u ....... ...................... (Signatu o. applicant, or name, if a corporation)._ jj' DV.'b iaaoloo saasd93 eu)al ✓�,;blllo >ifal}n8:)9�o9Z`8-Zy'oy 0 oabclS I4d:GeIOM (I eot IddV Jo as t: !. `11 ) �3 BA3N tSNd HS38�i17` of 1441 bac lnll !ti 06ep•.-., j r.�.. sial au aaojatl of uacv t: { 1 1 !n'inr: atll Will {/ kxnep:oa s:luaiNlels 1111angl :uni lr!at lddr. -til l'"'a� I1 PaIIJ uulac:n!'IdJc aql nt glntl las �a:unau Dill tt1 p,-!::uoIPI �1 11. -x a:l 0l attl au: u01aP.ollddc sell t'1 l wt! 's:uwrxl .lu �:xux: pn:u to xle aii k7 rxw>1 sill 30 lnz 1 I ,o Duo �:xl u.l lsta lny lnn 41111) W. 1 pile .i3t 1x1 1 1 1 ) Mum t xl DAWl 1' . :nt 1 Dlil Ixm::»pau nl Iwo V"', pini all) 1` .1 txr)) . 1 ala '�aa!J3o alta<xl�oo `]ua.le `�o:lae�l Ih�l�ml aA:Hpt _ 3. Rano e of wtk (check rAvi(Jv applicable): Pkx+ Ik)il(ing .......... Atklitioil ...........� Al Leration .......... Repair ............ Re,mval ............. lk-volition ............ Other Weak ..\ ?'.� .� o�r.�,............... (Description) G 4. list: imate(1 Coa:ZiwOo................ fee ........ (to be laid (xv filing this applical:icm).♦'.. 5. If ck+ lling, onher of Akellinv units ............ tlnlier of thielling traits (Ni eadVflii(ir If garage, txxvier of cars ........ 6. If tosiness,axmercial or mixed o(:culancy, specify nature atxl exLent of end% type of use ...................... 1. Dilvensions of existing stn chlivs, if any: Frml.................. (tear ............... Depth ................. Ik:ight ......................... MaRter of Stories ................,..... Dinx'.naitx)s of sale stnxaore with al terat i(xis or mWiLions: Front : ............... Rear ............... Depth .................... lleight ....,........... tArdx_r of f;lories ............... g. Diaensions of entire view co)strlx:t i(x): Fio t ................ Rear ............... Depth ............ .. lleifJ)t fk.dver of Stories ..................... 9. Size of IOL: Fr(xvc Rear _. Depth ...................... ID. Date of ILrchase ..................... We(e of Forner (1+ner .......... II. 'Lone or use district in (Avid) premises are situatetl.............................................................. 12. tk)es propnsett c(xvsfnr.Lion violate any uxting law, ortlitance or regulation : ..:..................... 13. Will lot 1)e regrailed ..................... Will excess fill he revrwecl fron premises: YES M) 14. Mw" of OkAwr of pr nines ........................... Nklress ..................,........... llxx)e Na. ........... Nave of: Ard)itect . ............................... (vklress Mone No. N:ne of Contractor .................. Atklress ...............................Mone No. ........... I5. Is this property Within 3M feet of a tidal wetla(xl? * YES .......... a) ,......... *IF YES, MIMED M -M 9RNSIEIiS PEIMI1' MAY 195 PU[ 11199). PIAT DIAGRAM ltx:ate clearly and distinctly all Intildings, 'Avetber existing or proposed, and itxlicate all set -lack diarensions fron piopet ry lines. Give street and block rxnher or descripti(xv accotrling to (leed, and allow street noses still itxlical�e lAwUwr interior or coeur lot. SI'A'll% (A� NW Y(w,m SS (X1iIN1Y (N' .5�.CE�T:P, �.� .+. ,.,.t.. . ........... P ��....... IJ.V.--t, 1..............Ixging duly sworn, defov es arxl says that lie is the applicani: (Koc of i(xlivi(tk(l. signing contract.) RECEIVED 0 q_51 P. (11. mAR 8 1597 TOWN OF SOUTHOLD, NEW YORK T4WUAPp�, L� 016dDECISION OF BUILDQ�G INSPECTOR APPEAL NO. P& K Uig DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN'OF SOUTHOLD, N. Y. 1, (We)Si?:CXggc...kOAA'- ''4A... of 515... `ni.$ �'.CS? � .............. 'Name of Appellant, Street and Number ...... �;R c, lac ��ne .................................. ... o YK_0 "...HEREBY APPEAL TO Municipality; te THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ...... ......... ..... DATED . .�� • i....... WHEREBY THE BUILDING INSPECTOR DENIED TO .......... Name of Applicant for permit of.............Y Street and Number Municipdfity Sto e ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE7�........................ Street /Ha.et e District on Zoning Map District 1000 Section 8lac19 Lot 7 3—Current Owner weep No. Lot No. Prior Owners 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.) ArticleM Section 1100 ®- S -S 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ✓)'A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop, 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal (has) as no 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 ( 1 request for a variance andwas made in Appeal No.................................Dated........... ......... .......................... I ............... ........ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( A Variance to the Zoning Ordinance is requested for the reason that Form zB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because�\dkf'r Se.�e�ge�-tel ®w�a-s= (3v -s- V 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 becauseVLSi 3P_t�1 k'v-, STATE OF NEW YORK ) COUNTY OF ) Sworn to this ........... ............................ day of......... L Notary Public aVi'' E . Wii.MS i ot�ry Public, Staato of New York �o. ,952246, Suffolk Comm =ern, ExP"sra-. sone 12, 2S 4-1 IOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREETZ5 VILLAGE DIST. SUB. LOT.; ,.. r, 4 FORMER OWNER N E ACR, a, 1�E Vi flees S W CODE DATE OF CONSTRUCTION LAND IMP, TOTAL DATE REMARKS 1 10 5 t f% Q �o rE hr�._1 a� e7tJ 66 Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland k17 S`O O //O e, SP DEPTH i House Plot (p fl �O 11YO 6 BULKHEAD Total 40e e Idg. LG K 2l r� / 1 \ �' oundation F:: �U, C. Bath Extension i5Xoq. LE 5 Basement (all Floors Extension 1b?,Z'a 34,1 \gal -4 vs 4�S7Q, Ext. Wails a%v�ce� Interior Finish �— - Extension kbX33 Fire Place _ t Yet Heat -74 Porch y Pool Attic - ck _\Kit 1? -1 25' Patio ` Rooms 1st Floor �Ry�fd —`tixr . ;Breezeway Driveway Rooms 2nd Floor •Garage �r �df9 ,� zs' � t \q � A `4 �y �� riL� z �% r _ now or formerly Patricia Phillips Marco . 2 r 1V 1126 F=ENCE. -01J -R f UT N.58042%0'E N. 58042'10'E 17500' N58042'10'f 583.44' PIPE 0.03's, --._�0.6 B'W. 5017' - ihd .. 1 MON. 0 .65'E. I 9 \ ^Y 206 1 4 Area 7 I a 1 .. A 93 s.f. _ �1 f // ,as .n�s'oTv�`� � h a Q � 1 rlYii ewnv/ atr .�1 a. uo0sc €rPARA6G � G y O i,HI 1T.(A Cre$/ C2 A) YeP o- xTs W l/ G VV _RO O O 110 ' / i . �% '� I "AN 6 o y. 60.00' 2 1'025.00 25.00 83.22' 3 28 } A I 1 .7' 3 o a S5B�42/OW. 4E2,53t`G\ \ OR/NATE �QG E=ARTH ROADROAD lL1 I an 0 M S.5804210'W. 165.3/' pFP J� SlG ` is cDp .ti j �o po1 0� cy 16 IN aO�P�� 6,�0 0 N N. 63024E fan 2 < - ?.c" I 0` Dv how 51.62' y. 5.63054'W p/NE TREE ROAD f IEALTH DEPARTMENT -DATA FOR APPROVAL TO CONSTRUCT -1FNEAREST WATER MAIN—M[,+ SOURCE OF WATER1 PRIVATE ✓ PUBLIC_ IHSUFF CO. TAX MAP DIST/ODD SECTION o9B BLOCK O/ LOT 7'2 *THERE ARE NO DWELLINGS WITHIN 100 FEET OF THIS PROPERTY OTHER THAN THOSE SHOWN HEREON. +k THE WATER SUPPLYAND SEWAGE DISPOSAL SYSTEM FOR THIS RESIDENCE WILLCONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTME NT OF HEALTH SERVICES. APPLICANT TEL. VrMONUMENT Or PIPE •(2)= NUMBERED LATH SET Q= STAK£ SET *THE LOCATION OF WELL (W), SEPTIC TAW (ST) BCESSPO OLS(CP) SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. 00 N ti ry 193.90' UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. ,. GUARANTEES INDICATED HEREON SHALL RUN ONLY .TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. c FEB 2 7 W ji! j BLDG. DEPT ^TOWN OF SOUTHOLD _ REVISIONS YOUNG & YOUNG ILY 12, 1994 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK IG, 12, 1894 4 W. 15, 1 ALDEN W. YOUNG HOWARD W. YOUNG LY 24, 1495 LAND SSIONAL E. N.Y.S.ER AND LAND SURVEYOR LAND SURVEYOR. N,Y.S. LIC. NO, 12865 N.Y.S. LIC. NO. 69999 SURVEY FOR: PETER WALKER A E I LEEN WALKER I AT GUARANTEED T CUTCHOGUE PE ERWALK RREILEENWALKER CENTERBANK MORTGAGE' COMPANY TOWN OF COMMONWEALTH LAND TITLE INSURANCE SOUTHOLD COMPANY SUFFOLK CO., N.Y. aY SCALE: 1 „= 60, DATE: MAR. 2, 119989 TND. 89 - 0 232 a BOARD OF APPEALS : TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application AFFIDAVIT of (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) .residing at _5_7t_> C -o \_,, j ' .,New York, being duly sworn, depose and say that: 1) On the l^i day of A,(i>.r•\\ , 199-7 , I personally mailed, 'by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner Mailing Address �S� �• w\r�.� �`l 0.r s �.� ear ��7,o N\\""S'r \ \� #k �/. I� `l \o -S C) and, 2) On the JT, day of 1997, I personally posted the property identified as District 1000, Section cM , 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 tha I h e checked to be sure the poster has remained in place for even full da prior to the date of the public hearing (date of h a i to e on to be held April d�, 1997) . 1\ Sworn to before me this IF4 day of RPci� , 1997. xa x �v� a-& - otary Public (Please return to the office of the Board of Thank you.) LINDA F KOWALSKI Notary Public, State of NewYork No. 62-4624771 Qualified in Suffolk County, Commission E�,,��,,�e r Appeals when co—"� W1NftaQ,19401 w LEGALNOTICF NOTICE IS HEREBY GIVEN; put- .. soant to Section 267 of the Town Law - and the Coclpof tfie Town of Southold;; the followirig•applicaiions will beheld - for additional publiahearings (in order. to include receipt.of all: testimony and documentation su6mitted) , by,. the " SOUTHOL D, TOWN. BOARD' OF APPEALS; at the Southold Town Hall, . 53095 Main Road; Southold; New_York, 11971;:on:;THURSDAY;`�APRLL 24,__ 1992;at the'titnes'nottsi beliiw (oi as soon thereafteras possible): 6:15 p.m.:, AppL No.r 4464, ' - TOMIS ' and "KATHY'" KOURK under Action;;ofeDig i0p—m,wi-issu . - by- the Building Inspedott; for: permission to locate swimmingf. pool. with: _f - enclosure; se hick, atvlessith*the ,required 100 fC Setback from Me top." the bank o%bluff aktng'the-4hg Island Sound.-Location-bf=ft rty:_:54775 CK 48; Gres nport ;Fatcbl: Na_100a. -_6:20 p.m AgpCk 4466. TER WALKER. This is a request fora" variance based -upon the. _ March' 11, °1997 Notice'of Disappioval'issued by the Building4fispector_ for. permission ,_ to locate :alarge, poition of accessoryv2 tennis'1 6u 'structure in`an area.ottier than the teijuited :tear -Yard;' Article .-` X)= Secti6n,IW.231AA-I cation_oft Property:;. 375 •';Pine ;Tree::°_.Court; 7.17, containing algtsizd,of79;1 ft 6:25 p.m. AppL No 4467:= � OLIVE TALB0T-1WThis1s- for a variance based upon tha;]Na 1997 Notizie' of Disapprove -1" the Buildin Irispector,9r. ria to construct accessory stoiage- ing in a fiont,yare' area; at= prt located at Fox -ue"Fishia.-I NY; Parcel. I000-047;'contai� lot size Qf i8;500t sq�ft:` 16;41996 Notice'of:Disapprovai::from tht-'Buildi ig'-.46pect' applicants= request a Variance under Aiticle,XjaflE, 5 -Section 100-239:4B -for= a=• -proposed. deck addition within -75 feet of: bulk-- head, ulk-head, at 125-Mesrobian Drive,rLaurel;.. - • Parcel 1000-1454-7. ,;. .;; 6:35.''p m.: Appl: No..:4468.: —;.. MATTHEW- and ` LAURIE DALY: This is a request for�a`variance based ' -,upon. the.March:'17;,I997"Notice•,of.;'7 Disapproval issued lythe—Building. Inspector, for a building permit to -con- struct new. inground pool, which disap� proval is :based "...under'Article''11l;:: Section -100-33, ` accessory -buildings,'.;;` .structures and -uses, in =?, the required reai;yard:: ";Loratioa of ~ . Property:;; 2505 � Deep ��Nole':Drive;r: t- - Mattituck :'1A �- l ,1000=115-14412,; con ' `g a lot site of 22,500 sq.' it' 7:15 p:m. Appl. No. 4463 SUTER . d/b/a BLUEWATER SEAFOOD., The applicant' is request- ing the following. (a) Valiance relief based upon the January 6,1997 Action of Disapproval issued by the Building Inspector, which states that a "permit to construct metal frame with, canvass- roof: (addition) to. = existing retail: fish .:market is dbW . provedion': the following grounds. ''Under Article: XXIV'Section.- 100-_ 244B,_ proposed -additio_ n : to-' existing. retro'I: fish'markeC with'accessory sea- sonal single;*-seance:::ute`nsiL..seating, . conshucxion is -on a noncon- �ProPosed.-. ,: forming lot. loeaW" in ,the B . General �'•Business,Distiic4 has:insufficient:side-. ::yard of+ �c`.less than_the required -:10: fqq,- ctiop. required by'the: Zoning_` Board;: action also • required by�the. Elamm!9 STATE OF NE-`, ; DRK) SS: Im0Kr of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for I— weeks successively, commencing on the _day of 19 V - (b) ;variance relief tmderArticle XIX; Section 100-191'"OffStieet-A' ParkirigAreas" forpezmissron ta:utiltie a=° additiond- accessory open park ng : '^wl tt: wa>kirig Principal Clerk of. the2subjed lot identified as`Pat ...:: _ .. ::1000-122=3=7_.(Suter), • lacatedFupon' ' adjoining propertyidentified `as Parcel" `. 1000-122-3-6 (now or: formerly -of, ,Bagshaw): I is; proposed: additional -_: Sworn to before me this /1 ` paddngaiea isiocated at the tear pot-== tion -of : the:; Bagshaw _parcel: that As • `- the: -.Bagshaw day of L 19 7 zonedR-40 _.. "adjacent -L. MARY DIANA FOSTER ble to`serve'tlie• immediately Y NOTARY PUBLIC, STATE OF NEW YORK ._HB business uses The remaining pot= " NO. 52-4655242, SUFFOLK COUNTY don of the Bagshaw property;,(as:well _ C:� EXPIRES AUGUST 31,1;j'7 S l .d u w . .WISSION as a2. U parte): rs zone B General; Business.-Stieet Address of Propeity::11400 and 11500. Route 257--,,. (aWW- Maid-. Road); - Mattituck;, NY; County Parcels identified as 100.0-122 3=7 and .,6" •' 9.35= p.m. AppL' No s 4429SE � and'-- 4430 by.]UMkO, is.Cont Vendee,. concerning': premises' referie& to- as '85W.'�la„cant- .`land) Main%_;Road;- Mattituck'_(near`Laurel� identified as % ;•=1000-127=6.6, and'also known as Lot x #2 tamer' ttiaig of 35,798 sL as shown gn the_. Subdivision of"Mag_oU-"Frank Miuphy Garden -Ginter, - approved by 4 the: -Southold Town:. Planning h6ar4 .,. X4112/1982 ?iiiolicanL asp. -contract --j veadee;is requesting. > (a) AppL No. 4429SE =Special . Excepdonfor:Use 4f,Yacant:I;and,as: -- -- :7:shown4;on:ploVphut for.'a.cofiprem!", `, station-buildingwitfi feaccenclosure in.. �. this `B" General•Busiaess District (b) Appl. No. 4430 — Variance under Article 1QC1II: Section 100-231 A.: for permission to construct enclosure, which: exceeds. maximum fence. height restriction of 6 feet when located in the f ont•yird; and which exceeds -6-12 feet in' or alongside and AO& 14,1997: _ y,,;GERARD P. GOEHRINGER, Chairman ' SOUTHOL DTOWN.BOARD OF _n , `:c APPEALS 3-8940-iTA1T APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD April 14, 1997 Dear .Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 A new legal notice has been prepared as a replacement of the previous notice due to a defect when the April 10, 1997 notice was not published by the town's official newspaper as requested. The April 24th hearing will, as a matter of procedure, be opened and the statements and documentation submitted into the April 10th record will be confirmed for placement into the April 24th record. Then the same procedure will follow as was conducted on April 10th. Please note that your attendance is not required (you may attend if you are interested) . Also enclosed is a new sign to be placed at the subject property not later than Friday, April 18th. (If it is a hardship for you to have the sign placed by Friday, please let us know immediately and we will try to assist you.) Please return the enclosed Affidavit of Posting and Mailing for the permanent record with mail receipts attached. (When all the green signature cards are received, please also return them to us for the permanent file.) The hearing will, . as a matter of procedure, be opened, . the statements and documentation submitted into the April 10th record will be confirmed for placement into the April 24th record, and the same procedure will follow as was conducted on April 10th. Your attendance is not required, but you may attend if you are interested. Please call our office if you have any questions. Enclosures Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: )OX79-*e+Z-iGaEN DATE OF PUBLIC HEARING: /f 17 `: 46,4a If you have an interest in this project, you are invited to view the Town files) 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 (516) 765-1809 ig ..4AIC-9 CS 160C -t ioNT Ab � A-14-1997 11:04AM FROM TIMES/REVIEW 516 298 3287 P.1 TO: FROM: NOTES: A-1 :S Z sheet) APPEALS BOARD MEMBERS Gerard P. 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 APRIL 24, 1997 Appl . No. 4466 - PETER WALKER PARCEL 1000-98-1-7.17 STREET & LOCALITY: 375 Pine Tree Court, Cutchogue DATE OF PUBLIC HEARING: April 10 and April 24, 1997 PROPERTY DESCRIPTION: This property is located in an R-80 Residential Zone District, being situate along Pine Tree Court. This nonconforming lot contains a total area of 79,135 acres. Existing is a two-story masonry house with attached garage as shown on the March 2, 1989 survey map, revised July 24, 1995, furnished by applicant. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated March 11, 1997, which reads as follows: under Article III, Section 100-33, "proposed construction must be located in the required rear yard. Also under Article XXIII, Section 100-231A, fencing in the front yard cannot exceed 4' in height and 6-1/2 ft. in height in side and rear yards. Fence height has not been addressed in this application to the Building Department. _Action required by Zoning Board of Appeals...." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate a - 60 ft. wide by 120 ft. deep accessory tennis court structure partially in front yard and side yard areas (and the remaining portion in the rear yard) . Setbacks are requested at ten (10) feet from the northerly, closest property' line and 100 feet from the westerly property line. ADDITIONAL FINDINGS OR FACTS: Section 100-33B(3) provides a minimum setback of 10 ft. when located on lots containing in excess of 39,999 and less than 79,999 sq. ft. The setbacks proposed meet this requirement. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area undesirable change in character of variance will not produce an neighborhood or a detriment to nearby properties because the property is a large rectangular - shaped lot, located at the end of a private road. The tennis court is to be located in a large open area that provides ample buffering from adjacent properties. Page 2 - Appl. No. 4466 (Walker) Decision Rendered April 24, 1997 Southold Town Board of Appeals (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the property is unusually long, 462 feet. along the private road, and there is insufficient area in the required rear yard to locate the tennis court. (3) The requested area variance is substantial because a portion of the tennis court will be located in the required rear. yard and its location will meet the minimum setback requirement of ten (10) feet from the northeasterly property line, and 100 feet from the westerly property line. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the proposed location is a large open area which the applicant plans to retain in a natural undisturbed state. (5) The situation has not been self-created because the house is located in the middle of the property. All feasible locations of the tennis court would automatically place it in an area other than the required rear yard according to the Southold Town Zoning Code. (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 because a portion _ of the tennis court will be located in the required rear yard and its location will meet the minimum setback requirement of ten (10) feet from the northeasterly property line, and 100 feet from the westerly property line. RESOLUTION/ ACTION: On motion by Member To_rtora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied and subject to the following conditions: 1. No lighting for after -dark use of the tennis court (ref: code requirement) ; 2. No appliction was filed by applicant because the height of the proposed tennis -court fence at four feet meets the code regulation. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Tortora and Ostermann. (Member Dinizio was absent.) . This resolution was duly adopted (4-0). GERARD P. GOEHRINGER, CHAIRMAN APPROVED FOR FILING 4/25/97 Actions. 97/981-7.17 I COUNTY OF SUFFOLK Ay !CC ROSERTJ. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES. A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING May 2, 1997 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county=wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) xK urkoumelis, Tomis alker, Peter Daly, Matthew & Laurie GGN:cc C:IWP WI N601WPDOCSIZONINGIWORKINGILDSWAY1SD4464.MAY 4464 4466 4468 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE 2 P.O. BOX 6100 0 HAUPPAUGE, LONG ISLAND, NY 11788-0099 0 (516) 853-5190 ■ FAX (516) 853-4044 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostemann 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 Pursuant to Article XIV of the Suffolk County Adninistrative Cone, The Board of Arceals of the Town of. Southold, New York, hereby refers the following to the Suffolk County Planni-g Ccamussion: XX Variance from the Zoning Code, Article XXL Section 100-231A Variance -from Cetermination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal N o : 4466 Applicant: Peter Walker Location of Affected Land: 375 Pine Tree Court , Cutchogue, NY County Tax Map Iteirn No.: 1000-98-1-7.17 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant' is requesting permi ssi on. to locate a large portion of a tennis court in an areae other than the required rear yard Copies of Town file and reiated documents enclosed for your review. Dated: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Rebert *-%1ta . Lydia A. Tortora V\a.uree.. Os�e,rh�4n^ rnrn� v\ `v Mr. . Peter Walker 375 Pine Tree Court Cutchogue, NY 11935 BOARD OF APPEALS TOWN OF SOUTHOLD April 25, 1997 Re: Variance Application for Tennis Court Location Dear Mr. Walker: 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 April 24, 1997 meeting. A copy has today also been furnished to the Building Inspector's Office as an update to their initial Action of Disapproval and for their use in the open building permit application file. Please contact the Building Department directly regarding the pending building permit application to determine if any other documentation would be needed by their office. Also, we are required to transmit a duplicate of your file to the Suffolk County Department of Planning, which agency has jurisdiction under the County Administrative Code for projects located within 500 feet of a County or State Road and most waterways. We have transmitted the file documentation to the County for review, and it is expected that the County will pass its determination back for a local (ZBA) level without requiring further steps. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge -Doyen James Dinizio, Jr. RAkM)b6dac Lydia A. Tortora Maureen C . Osterman BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF APRIL 24, 1997 Appl. No. 4466 - PETER WALKER PARCEL 1000-98-1-7.17 STREET & LOCALITY: 375 Pine Tree Court, Cutchogue DATE OF PUBLIC HEARING: April 10 and April 24, 1997 PROPERTY DESCRIPTION: This property is located in an R-80 Residential Zone District, being situate along Pine Tree Court. . This nonconforming lot contains a total area of 79,135 acres. Existing is a two-story masonry house with attached garage as shown on the March 2, 1989 survey map, revised July 24, 1995, furnished by applicant. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated March 11, 1997, which reads as follows: under Article III, Section 100-33, "proposed construction must be located in the required rear yard. Also under Article XXIII, Section 100-231A, fencing in the front yard cannot exceed 4' in height and 6-1/2 ft. in height in side and rear yards. Fence height has not been addressed in this application to the Building Department. .Action required by Zoning Board of Appeals...." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate a 60 ft. wide by 120 ft. deep accessory tennis court structure partially in front yard and side yard areas (and the remaining portion in the rear yard) . Setbacks are requested at ten (10) feet from the northerly, closest property line and 100 feet from the westerly property line. ADDITIONAL FINDINGS OR FACTS: Section 100-33B(3) provides a minimum setback of 10 ft. when located on lots containing in excess of 39,999 and less than 79,999 sq. ft. The setbacks proposed meet this requirement. REASONS FOR' BOARD ACTION, DESCRIBED BELOW: (1 ) . The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because t shaped lot, located at the is to be located in a large from adjacent properties. he property is a large rectangular - end of a private road . The tennis court open area that provides ample buffering Page 2 - Appl. No. 4 I (Walker) Decision Rendered April 24, 1997 Southold Town Board of Appeals (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the property is unusually long, 462 feet. along the private road, and there is insufficient area in the required rear yard to locate the tennis court. (3) The requested area variance is substantial because a portion of the tennis court will be located in the required rear yard and its location will meet the minimum setback requirement of ten (10) feet from the northeasterly property line, and 100 feet from the westerly property line. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the proposed location is a large open area which the applicant- plans to retain in a natural undisturbed state. (5) The situation has not been self-created because the house is located in the middle of the property. All feasible locations of the tennis .court would automatically place it in an area other than the required rear yard according to the Southold Town Zoning Code. (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 because a portion of the tennis court will be located in the required rear yard and its location will meet the minimum setback requirement of ten (10) feet from the northeasterly property line, and 100 feet from the westerly property line. RESOLUTION/ACTION: On motion by Member To_rtora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied and subject to the following conditions: 1. No lighting for after -dark use of the tennis court (ref: code requirement); 2. No appliction was filed by applicant because the height of the proposed tennis -court fence at four feet meets the code regulation. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Tortora and Ostermann. (Member Dinizio was absent.) This resolution was duly adopted (4-0) . GERARD P. GOEHRINGER, CHAIRMAN APPROVED FOR FILING 4/25/97 Actions. 97/981-7.17 .................................................................. ....•. TRANSMISSION RESULT REPORT •••------ ........ (APR 14 '97 11:48AM)••••••••••••• SO( LD TOWN HALL 516 765 1823 ................................................................................................................................................................................. ( AUTO) ................. DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. APR 14 11:46RM SUFFOLK TIMES 01'49" OK ES 05 011 ................................................................................................................................................................................................................. E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING APPEALS BOARD MEMBERS Gerard P. Goeliringer. Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortola Maureen C. os ermann FACSIMILE TRANSMISSION BOARD OF APPEALS TOWN OF SOUTHOLD April 14, 1997 TO: Suffolk Times, Inc. ATTN: KAREN LOPLR Re: Legal Notice for Publication April 17, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please publish the attached additional Legal Notice for publiczation in the April 17, 1997 issue of the Suffolk Times. Please send a receipt of this document by return fax to the Board of Appeals at 765-1823. After publication, please forward one (1) Affidavit of Publication to our office together with your voucher for payment. Thank you. Yours very truly, Linda Kowalski Attachment: Four-page Legal Notice (Hearing Date: 4/24) Page 3 - Legal Noti,... Southold Town Board of Appeals Regular Meeting of April 10, 1997 during regular business hours. If you have questions, please do not hesitate to call 765-1809. Dated: March 24, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. viiia Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD March 25, 1997 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 Legal Notice confirming a date of Thursday, April 10, 1997 for the public hearing on your application. Publication will be sent by our office to the newspaper for this week in the Suffolk Times. Also: 1. Enclosed is a sign which must be .posted within 10 feet from the front property line (facing the traveled roadway or town street) . After the sign has remained in place at least seven days, the enclosed Affidavit should be signed before a notary public, and returned to our office by April 9, 1997. (The sign may remain in place longer, which is always- preferred - butnot required by law.) 2. At this time, please send a notice with the April 10, 1997 hearing date noted thereon, or a copy of the enclosed Legal Notice, by certified mail, return receipt requested, to the surrounding property owners. 3. The enclosed Affidavit should be signed before a notary public and returned to our office with the postmarked (white) certified mail receipts attached. 4. When you have received the signed green, return -receipt cards, please return_ . them separately by mail to our office for the permanent file. During the last few. days of processing (prior to the hearing date) , you may wish to stop by, or call us, to review your file for updates or new communications added to the file. Enclosures Very truly yours, Linda Kowalski MaryAnn Cybulski P.S. For your convenience, we enclose another copy of the "standards" of law to be addressed at the hearing, or in writing beforehand. (Waiver standards, or area variance standards) . Standards for a new use (such as a special exception or a variance for a "non -permitted use" are .different than those for a waiver or area setbacks) . Please call if we may be of assistance to you. �enn�5 �ouRj LO(�Q SON lt,t: fir HLAti'lNo 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: P E -FE j - W) L K E K t C---' i DATE OF PUBLIC HEARING:. -1() lqql 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 e (516) 765-1809 \J "',fl ONCE CSi�� t fieoNr Y��us) BOARD OF APPEALS : TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application AFFIDAVIT Of (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, , residing at New York, being duly sworn, depose and say that: 1) On the day of . 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 April 10, 1997) . Sworn to before me this (signature) day of 1997. Notary Public (Please return to the office of the Board of Appeals when completed. Thank you.) XRCKA VAItIAMCL", k 1, .1.992: '1'ocnt 1'.,aw Anlerldtnents 5267U-3 mtfecLl.ve .7ulYA for the use of ]and itt a [Wanner A1tL'A VARlAt1�L Is authorizaL-iot► by t:lte ZB o ra hical requirements of the %ihi.ch i.s noL' a.l.].owed by the dimensional or .top g l apEs'I.l.c;abl.e toti.l.ttg code regttlal:Lott. §267 (].) of '1'o�Itt Law. ,practical difficulty" or-- any '1.'he new Statute no. longer ittCludes the term p l.ar Lest, and now provides that ZBAs co[tsl.der two bl�sie things. - TI 1,. 1:11e I1elleE.1.L• to the appl..icat►t 1f• 1:11e varlallea 'is y ranted; and Z• he detriment to l:he heal..L• l'h, safety .11d geller.al wai.fare of Life al or. eollauunl.ty 1:11awonl.d oc-c,llr LE the nc: val:lae were to 1:11e nal.yhhife de be ejranl:ed.' Ln tile :1►e I.nteresta sl.►ove, ZBI%s nluat also rc►nsilier. the E�11..Lowl.ng Eine ali 111t1'sA V11RI1111(:E: 1. • whether er an undesirable.Cltanye will be pt)ducelfigra[itedl='t•acter of lite applicant can be ach.l.eved by some the neiyhbr1rltood or a detriment to nearUy prop 2. whether L•!te belief It souyltt by variance) '�l.Cant to put: sue , other than an area method, f:easi.b].e for the, apP ,act on the 3 , whether the area variance h e. all substantial; j ffec or district; and q • .tallet'her lila variance wl.l.l tl�a'e tlteaneigliborhood or 1.n1E ortai.cierat:l.on ' physical or environtllental. conditiOl' was self-ereatedtlttlte sicleri.ny 5 • whether the alleged diffic "'.ty sha1.1 be relevant to the ZBA's dec.l.sl.on blit shai.l not- preclude of an area variance. " al.artcl.ng concept,,, lite tie Statute provides that: Also, as part of the b tile 'zBh- shall grant the m.l.nl.piuin variance that 0. L and adequate; and it the same safety preset Wel, hbot:hood and the health, safety and welfare of L -he conununiL•y• y of•'1'owii • paw • ;-/- "s / P\ o APPEALS BOARD MEMBERS Gerard P. 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 April 10, 1997 S.E.0.R.A. TYPE II ACTION DECLARATION Appeal No. 4466 Project/Applicants: Peter Walker County Tax Map No. 1000- 98-1-7.17 Location of Project: 375 Pine Tree Court, Cutcbogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate large portion of accessory tennis court structure in an area other than the required rear yard This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type 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, 19901.. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j)., and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. 1 1 Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TO: FROM OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Zoning Board of Appeals Office of the Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 DATE: March 19, 1997 RE: ZONING APPEAL APPL. NO. 4466 - PETER WALKER Transmitted herewith is ZONING APPEAL APPL. NO. 4466 - PETER WALKER together with a letter from Peter Walker dated March 18, 1997, the Notice of Disapproval from the Building Department, a copy of the tax map, a copy of the property card, a copy of the application for Building Permit, a copy of the survey map, the Zoning Board of Appeals' Questionnaire, a copy of the Shor Environmental Assessment Form and a drawing. Judith T. Terry Southold Town Clerk 5 oa 3 1 -Privo.�e APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Rebeff ." 1441;1 Lydia A. Toortoa Maureen C. s ermann oru��acx y1 _� o y - Z ti o� BOARD OF APPEALS TOWN OF SOUTHOLD LEGAL NOTICE Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law -and the Code .of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 10, 1997 at the times noted below (or as soon thereafter as possible) : 6:45 p.m. Appl. No. 4464 - TOMIS AND KATHY S OU RnKOOUMELI . based Request for a Variance under Article XXIV, upon the January 31, 1997 Action of Disapproval issued by the Building Inspector, for permission to locate swimmingpool with fence enclosure set back at less than the required 100 ft. setback from the top of the bank or bluff aiong the Long Island Sound. :Location of Property: 54775 C.R. 48, Greenport; Parcel No. 1000-44-1-2. 6:55 p.m. Appl. #4463 - L. SUTER d/b/a BLUEWATER SEAFOOD. The applicant is requesting the following - (a) Variance relief based upon the January 6, 1997 Action of Disapproval issued by the Building Inspector, which states that a "permit to construct metal frame with canvass roof (addition) to wdstinr Under fish market is disapproved on the following gr - Article XXIV, Section 100-244B, proposed addition to existing retail fish market with accessory seasonal single service utensil seating, proposed construction is on a nonconforming lot -located in the B General Business District, has insufficient side yard of ... less than the required 10 feet. Action required by the Zoning Board; action also required by the planning Board..."; and (b) Variance relief under Article XIX, Section 100-191 "Off Street parking Areas" for permission to utilize additional accessory open parking spaces within 200 ft. walking distance of the subject lot identified as Parcel 1000-122-3-7 (Suter), located upon adjoining property identified as Parcel 1000-122-3-6 (now or formerly of Bagshaw) . This proposed additional panting area is located at the rear portion of the Bagshaw parcel that is zoned R-40 Residential, and is accessible to serve the immediately adjacent HB business uses. 'The remaining portion of the Bagshaw property (as well as the Suter parcel) is zoned "B" General Business. Street Address of Property: 1400 and 11500 Route 25 (alk/a Main Road) , Mattituck, NY; Parcels identified as 1000-122-3-7 and 6- 7-10 .7:10 p.m. Appl . No. 4466 - . PETER WALKER. This is a request for a variance based upon the March 11, 1997 Notice of Disapproval Page 2 - Legal Notice Southold Town Board of Appeals Regular Meeting of April 10, 1997 issued by the Building Inspector, for permission to locate a large portion of accessory tennis court structure in an area other than the required rear yard, Article XXIII, Section 100-231A. Location of Property: 375 Pine Tree Court, Cutchogue, NY; Parcel 1000-98-1-7.17, containing a lot size of 79,135 sq. ft. 7:15 p.m. Appl . No. 4467 - CAROLINE TALBOT. This is a request for a variance based upon the March 4, 1997 Notice of Disapproval issued by the Building Inspector for permission to construct an accessory storage building in a front yard area, at premises located at Fox Avenue, Fishers Island, NY; Parcel 1000-9-1-27, containing a lot size of 18,500+- sq. ft. 7:20 p.m. FINAL HEARING: Appl. #4410 - GARY SACKS and ALAN SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants- request a Variance under Article =II, Section 100-239.4B for a proposed deck addition within 75 feet of bulkhead, at 125 Mesrobian Drive, Laurel; Parcel #1000-145-4-7. 7:25 p.m. Appl. #44 - MATTHEW AND LAURIE DALY. This is a request for a variance based upon the March 17, 1997 -Notice of Disapproval issued by the Building Inspector, for a building permit to construct new inground pool, which disapproval is based "...under Article III, Section 100-33, accessory buildings, structures and uses shall be located in the required rear yard...." Location of Property: 2505 Deep Hole Drive, Mattituck; Parcel 1000-115-14-12, containing a lot size of 22,500 sq. ft. 7:35 p.m'. FINAL HEARING: Appl. #4429SE and 4430, by LILCO, as Contract Vendee, concerning premises referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel), identified as 1000-122-7-6.6, and also known as Lot #2 consisting of 35,798 sf. . as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: (a) Appl. No. 4429SE - Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this "B" General Business District. (b) Appl. No. 4430 - Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, and which exceeds 6-1/2 feet in or along side and rear yards. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the time designated. The file is available for public review TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDt,sIG INSPECTOR -APPEAL NO ,,t/ DATE.............................. TO THE ZONING BOARD O_F\A\PPEALS; TOWN 0F•SOUTHOLD, N. Y'. .Q.�S.........:........:of- 5.z�:�r��? ::�.� :...�jcs;v;�C;, ,Name of Appellont , Street and;Number .........� ?D..\Ck ............................ ...HEREBY APPEAL, TO Municipality n State THE ZONING BOARD 'OF APPEALS TROM'THE-DECISION OF -THE BUILDING INSPECTOR ON APPLICATION FOR -PERMITA NO . ....:......:....::.................. DATED .'... ..? .�CJ„, ............................. WHEREBY THE BUILDING •INSPECTOR. DENIED, TO :.. • f .......................:.: Name of Applicant for permit of , .................:........................ Street and .Number Municipality Staye ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY .. 1. LOCATION OF THE PROPERTY `4R See %am_ et�%' �(Jse strlc�ton Zontng..�aP District 1000 SectionM%Blocko� Lot �1-Current Owner a ................................................................ ............. Mop 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:) Arti cl a Section \0p 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate ate box ) 0< A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3. "'1 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 andwas made in Appeal No.................................Dated.................................................................. .. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 A Variance to; the .Zoning• Ordinance is requested for the reason that Form zBl (Continue on other side) ;.r. REASON FOR APPEAL Continued 1, STRICT'APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary -HARDSHIP because `JJe ve, �v\5 �� v—'c:>CNA Cc _:, O J— To CSW : * .. 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'" 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ss COUNTY OF Sworn to this ............/ ................................. day of ............................................................ Notary Public JOYCE M. WILKINS N()tary Public, State of New York No. 4952246, Suffolk Courgty.,, Term Expires June 12,1 7 .'lw.-1 ........................ 19 9- The N Y•S. Er Of this -,ir,nmental Quality Review act recuires submission orm, and an enviro•rimental review will L)e rr:ade L before any action is taken. 's this Board SHORT- ENVIRONMENTAL ASSESSMENT F0M%J INSTRUCTIONS. (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently. available information Project and the likely impacts of the action. It is concerning the not expected additional studies, research or other investigations will be that undertaken. (b) If any question has been answered Yesthe project nificant and -completed Environmental may, be -sig- assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) En*xironmental assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? ' :_NO 2. Will there be a major change to any unicue or unusual land form on the site? _'es No 3. Will project alter or have a large effect on an existing body of water:? —Yes No 4. Will project have a potentially large impact on groundwater quality?/ _Yes Vo "�. Will project significantly effect drainage glow _Yes on adjacent sites? Yes 6. Will project affect any threatened or endangered Plant or animal species? _yes 7. Will project result in a major adverse effect on air quality? _No V NO 8. Will project have a major effect on visual char- acter of the —Yes community or scenic views or vistas known to be important to the community?yes No _• 9. Will project adversely impact any site or struct- ure of historic, pre -historic, or paleontological importance or any site designated as a critical envire.nmental area by a local.agency? v_es No 10. Will project have a major effect on exist-Lig or future recreational opportunities? V__ 'No - .Yes 11. Will project result in major traffic problems or cause a major effect to existing Transportation systems? No 12. Will project regularly cause objectionable odors, .noise, glare, vibration, or electrical dist;irb- _ ance as a result of the project's operation? y es 13. Will project have any impact an public health or safety? _No / _Yes 14. Will project affect the existing community by directly ��/ NO causing a growth in permanent poouls- tien of more than 5 percent over.a one-year Period or have Y es a major negative effec- on t`'e character of the cpsmunity or neighborhood? 15. Is there public controversy concerninc the project. - - ?reparer's F 1 _Yes No Signature:j� Represents: c: 22A 9/n�_ �� Date: S.^TT Ci;I`1nIRE CR c T -''IG WIT. YOUR Z . B . A. APPLICATICN A. Please disclose the names of .the owner(s) and any other individuals (and entifi ties) having a nancial interest in, the subject premises and a description of their interests: (Separate s�.eet may- be attached.) B. Is the subject premises listed on the real estate marcet for = sale or being shown to prospective buyers? { }'yes No. ( '" Yes, n-=GP aT.."-2r h cmZ7v of "cand-i nn e" of sale.) C. Are therm any 7rrposals tm urge ar alter I=d { } Yes Jts.�No D. 1. Are there any areas which contain wetland grasses? Z. Are the wetland areas shown on the map submitted with this application? 3. Is the proper t -y buL'she a between the wetlands area and the upland building area?_ 4. If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees -for its determination of jurisdiction? ki 0 B. Is there a depression or sloping elevation near the area of Proposed construction at or below live feet above mean sea level?�- (If not applicable, state F• Are there any patios, concrete bar=iers, bulkheads or fe c -a¢ which es%si and are not shc*dn on the survey map that you arm submitting? �.� Tf none exist., please state "none." G. Do you have any construction taking place at this time concerning your premises?- \��C) If yes, please submit.a copy Of your building permit and map as approved by the Building Department. I.L. none, please state. H. Do you or any co-owner also own other land close to this parcel? _ If yes, please explain where or submit conies of deeds. - I. Please list present use or operations conducted at this Parcel and -Mropased use BOARD OF APPEALS : TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application AFFIDAVIT t Of ``aa (Name of pplicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) e.IV, fttt k4,'t�V,\ Ikq,residing at tlSWA2(°u-ft New York, being duly sworn, depose and say that: 1) On the Z�.O day of hk&t- - % , 1996, I personally mailed, by certified mail, return receipt requested, a true copy of the attached ' 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 5�20N ti --� �----1.��L�1►��S C�e►awd., � � �5�r C.1�wto�.ea v\fit � e e.� • -a��e.rave April 10, 1997) . Sworn to before me this N(§igndtur(V l.- -day of 1997. Notary Public Notary aaFu" Fate of New York No. 495°1,354, Qualified* z`�`��`swhen completed. (Please return to the office c��rtrh�ai�q�.s Thank you.) � �, 19z 2) On the -: S day of NlArCNf\ , 1997, I personally posted the property identified as District 1000, Section q A , Block �_, Lot_, by placing t Town' official poster ten (10) feet, or closer, from the pr pert line f cing the street (or facing the right-of-way) , and th I ave c4eed to be sure the poster has remained in place fo see fulls prior to the date of the public hearing (date of hari tedeon to be held April 10, 1997) . Sworn to before me this N(§igndtur(V l.- -day of 1997. Notary Public Notary aaFu" Fate of New York No. 495°1,354, Qualified* z`�`��`swhen completed. (Please return to the office c��rtrh�ai�q�.s Thank you.) � �, 19z BOARD OF APPEALS TOWN OF SOUTHOLD CERTIFIED MAIL In the Matter or the Petition of RETURN RECEIPT REQUESTED . NOTICE TO to the Board of Appeals of the Town of Southold PROPERTY OWNER TO: YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other). (circle choice] and a R'ublic hearing will he held at thp Snuthold Town Nall nn-' 2. That the pro cribed as follows: --s'i which is the subject of the Petition is Ideated adjacent to your property and is des - 3. That the property which is the subject of such Petition is located in the following zoning district: a. That by such Petition, the undersigned will request the fallowing relief: ..X_5f_ G_tA1n,%2e-tn Cb G-t5y\S��e••+`e._� %—WL -t. �.�r�..n 6 r �, L, 5. That the provisions of the Southald,Town Zoning Code aapi (icable to the relief sought by the under- signed are Article Section \OC7 n ti. That ..L%O}VtCl'%.. �.d _ _ .' - �—, a written Petitl.on requesinig t to relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York'and you may then and there examine the same during regular office hours. ' (516) W5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board ofpeals• that a notice of such hearing must be published at least five days prior to the -date of such hearing kA�+ �-'��ii � in the Sof folk TimQs ;, newspaper. published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated • Petitioner G Owners 'Names : aJTU��,C•t�r� j�j MkAn.- ost Office Address Tel. No. (5t6) `?34 'MCP% [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOE OF MAILIbIG OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS :r�...rJ e.."s''ir.�'-.e°.:�'s/'+E:/`• .rte./ STATE OF -NEW YORK ) COUNTY OF SUFFOLK) ;�'�"g1.,�re;. � �' �' `%r" • �b?ro.9 : � {'fie b� � 9, `. L'c, IdYA� i.i.�� .� � ro'V.�'',...�..,.�',l ' , �t'.� e• y'�a.r �_...4.d'b'^n,/� i�..�J(� I"i-.,•�.J. �F ":� aP'''.ys, ' *h t ss.. . residing at _ being duly sworn, deposO.Aho sir rthlt� c�ra•.tF,ft day V< of , 19 , deponent mailed a true copy of `th4 •-Rotice set f,`rth on the re- 19 side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices we-V&Ifn5i�led a-t#e lJrtkt d,,St'ales Post Of- fice at °'f a x'" �� ; that said Notices Weie mailed to each"of said persons by (certified) (registered)Wil-". tt• �• fs .Rh :rS • _ Rrri 'v,<a .,.f'�"_.•�a.-.°8^.A.D!'6,iP�.°J.r',,,�J�._ aY`i F= r""f',�.;:.:i ', -y. Sworn;.t 4. 0Q,re me.this day of19 p• 1 777. a �.r� '� 'V4 t Notary Public (This side does not have to be ompleted\on form transmitted to adjoining property owners.) 11 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME AD R SS koos\ , STATE OF -NEW YORK ) COUNTY OF SUFFOLK) is your RETURN ADDRESS -completed on the reverse side? U L, T X P 178 473 442 wo US Postal Service Go L `° U3 Receipt for Certified Mail a No Insurance Coverage Provided. Do not use fnr intarnatinnni RA.n /Qnn ---i I �d �► o � ca � I Street & Number D. I n E n a V5W t 1 � c I U c a m � _ (D a I $ I 00 Certified Fee m D CL an R rbeTive�rj F$PG�� m m u> m y m Return Receipt Showing to (J Whom & Date Delivered` " �I o aCD 0 a i fn to -`O Sent to ca v1 � �- I Street & Number D. I n E n a V5W t 1 ID Post Office, State, & zip Cod c a m � _ (D a Postage $ a Thank you for using Return Receipt Service._, Certified Fee J Special Delivery Fee R rbeTive�rj F$PG�� u> Return Receipt Showing to (J Whom & Date Delivered` " Re pt 6joyagg t m, _ Date, a ddr OTAL Postage & Fees E Po attcpte� us „- `o 1 ' L CD Cn CD -`O ca 0 CD I c D. I n E n a i S m ID (n c a m � 0 �. (D a (D � N C- D a Thank you for using Return Receipt Service._, �aA� -� , * " , residing at -S`1S —�,\-,f\ CUw being duly sworn, deposes and says that on the '1,0— clay of , 19 a"i. , deponent mailed a true copy of th4 Notice set forEh on the re- verse side hereof, directed to cacti, of tile above-named persons at the addr sses set opposite their respective names; that tite Addt;esses set opposite title names of said persons are the d resses 'f saidersons as shown on the current as-esstn t roll of the Town of Southold; that said Notices e e mailed at UlfHired States Post Of- fice at �OiI iC, er �� ; that said Notice- cre/m�lle to � T of said persons by (certified) (registered) mall.. �j °Sworn to before me this - 4,� day of 4A1,,tk .'19 �T-? Notary Public i ^ c r-14' AN ftiE��OILQ"E his side does not have to be completed on form transmitted to .adjoining roperty owners.) PROOF OF MAILINr; QF NOT CE ATTACH CERTIFIED MAIL RECEIPTS NAME A DRESS STATE OF -NEW YORK ) COUNTY OF SUFFOLK) Is your RETURN ADDRESS completed on the reverse side? CD n x v� w P 178 473 441 C4 co CD US Postal Service CD n 4 Al (D0 � I CD o 'o A ID zj Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See n Sent to _ Postage ' $ Certified Fee Special Delive 4 ' P ry Few residing ate s - y&< , being duly sworn, deposes and says that on the Z�-Q day of —N\ ur`C , 19 a") , deponent rnalled a true copy of thq Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of saki persons are th addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notice ere aile at the United States Post Of- fice at INOa. \ L Z�1r� ; that said Noll es wcir mAll d to ac said persons by (certified) (registered) mail.. Sworn to he ore mo this day f f Notary Public EI_IaARI±TFI ,ANNI NF -MLLE P'r�` _ "• `'.lic �toir`3 YorlL Zjuffolk r3s, i°Gf county' ;i(This side does not have to be completed'.on property owners.) yl form transmitted to . aci,joi ni ng fj t ' d� Res-''Ydivery Fee ` • , w � a i R Receipt Sho a & Date Deli re l m u Q eW Receipt SWhom, 0 Q ag-&Addr 's ess , o o per,• c co T TAL P e &Fees vJ� B M To ark or Date / u _ n U LL s CDD (L w' Z o m -- -- -- ,.�._.a m m m CD N O N (D y p y (D < CL N 3 m CDD a 0 m (D=� Q m a C U) W Thank you for using Return Receipt Service. residing ate s - y&< , being duly sworn, deposes and says that on the Z�-Q day of —N\ ur`C , 19 a") , deponent rnalled a true copy of thq Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of saki persons are th addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notice ere aile at the United States Post Of- fice at INOa. \ L Z�1r� ; that said Noll es wcir mAll d to ac said persons by (certified) (registered) mail.. Sworn to he ore mo this day f f Notary Public EI_IaARI±TFI ,ANNI NF -MLLE P'r�` _ "• `'.lic �toir`3 YorlL Zjuffolk r3s, i°Gf county' ;i(This side does not have to be completed'.on property owners.) yl form transmitted to . aci,joi ni ng PROOF OF MAILING OF NOTWE ATTACH CERTIFIED MAIL RECEIPTS NAME Al2PRF-S vaz�c_ N\0'A-C_0 o' • I i Is your RETURN ADDRI p 178 473 443 -o rn cn Cn n m US Postal Service 0 Receipt for Certified Mail C Q No Insurance Coverage Provided. ... W 5 Do not use for International Mail ISee reverse entto o CD :-.._ y S. Street & Number USO S "o � l t Office, State, & ZIP Code Post 11c1S .. eG - co Postage $ C Certified Speaa t;fwery Fee Res 'e% Delivery Fe rn Ret m Recei t o g to Wh m & ered F0 �4❑, o Q Retu Receip Showing to Whom, Date, & ressee's Address - a aCD0 TOTAL Postag �1— •.::: Cl) e1 00 M Postmark or Date m m ml ff O .'..... m Q d ;z z �; of lL f!) 3 m 0 :.::: a CD a. _ CL CD ' .... O O CD ....... CD AlrA N En N j ❑ ❑ o vi o m — D rp c y r7 0(D < a m m m o. m = io' C v m m O a n rn STATE OF•NEW YORK) ss ; I Thank you for using ReturnceiptService. COUNTY OF SUFFOLK)-------------r--------~—� residing at`1S ��c�t?��s-�.� Co•�s�� being duly sworn, deposes and says that on the QL0 day of __M,t�L,s`Gh , 19_, deponent mailed a true copy of thy otice set forth on the re- verse side hercof, directed to each of the above-named persons at the ad esses set o posits their respective names; that tits addresses set opposite the names of said persons are tl� a dresses of at persons as shown on the current assessment roll of the Town of Southold; that said Notices w re ailed a e United States Post Of- fice at-Nswn1L. %_ ; that said Notic s Ileo to act) said persons by (certified) (registered) mall.. Sworn to eforc Inc 11)15 d of 1 `Z L Notary Public CL17ABETH ANN NEVILLE 4"" -.ti+':. '.t s!;u,��t�+�e Yorlc (This side does not have to be completed on form transmitted to. adjoining property owners.) 1� ac, IL -01, r�'. IJ WALKER 1) The granting of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the property is a large rectangular -shaped lot, located and the end of a private road. The tennis court is to be located in a large open area that provides ample buffering from adjacent properties. 2. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue other than an area variance because the property is usually long, 462 feet along the private road, and there is insufficient area in the required rear yard to locate the tennis court. 3) The requested area variance is not substantial because a portion of the tennis court will be located in the required rear yard and its location will meet the minimum setback requirement of 10 feet from the northeasterly property line, and 100 feet from the westerly property line. 4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions or the neighborhood or district because the proposed location is a large open area which the applicant plans to retain in a natural undisturbed state. 5) The difficulty has not be self-created because the house is located in the middle of the property. All feasible locations of the tennis court would automatically place it in an area other than the required rear yard according to the Southold Town Code. 101