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HomeMy WebLinkAbout4416 _ _ _ lSzc; K~tsi i`?A~oc~ Irv - - _~nnt?~T.e-ez~.c/.T /~./(".~2Lewi/S c~Ces~.utfiw/Co Tr!oL in/ T/ie6f~ ~ / lr Talmo ~?fI~" ~6 ~R 9 .~Fl ~i~'~ i y APPEALS BOARD MEMBERS ~O~~gUFFO(~ coG Southold Town Hall Gerard P. Goehringer, Chairman y~ 53095 Main Road Serge Doyen y x P.O. Box 1179 James Dinizio, Jr. O .le Southold, New York 11971 Robert A. Villa y?J O` Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: September 19, 1996 APPL. #4416. APPLICANT: NANCY BUTKUS. LOCATION OF PROPERTY: 3855 Mill Road, Mattituck. COUNTY TAX MAP DISTRICT 1000, SECTION 107, BLOCK 4, LOT 3. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated August 28, 1996. PROVISIONS APPEALED FROM: Article III, Section 100-33. RELIEF REQUESTED: Proposed swimmingpool in a yard technically defined by the zoning code set back, from the fence enclosure 30 feet, and the pool 35+- feet from the front line along Mill Lane, and not closer than 80+- feet to the northerly property line (n/f Wolf Pit Associates), Mattituck. The proposed fence enclosed shall be at four ft. height per codes. The size of the requested pool is 16 ft. by 32 ft. and is to be situated close to the northeasterly corner of the existing dwelling. MOTION MADE BY: G. Goehringer, SECONDED BY L. Tortora. ACTION/ RESOLUTION ADOPTED: Location of proposed fence enclosure, shown at 30 ft. from Mill Lane, and accessory pool location as shown on sketch submitted with the application, GRANTED as applied. REASONS /FINDINGS: Requested location is not unreasonable since it will be placed in the yard area which would be for many parcels fronting only on one street to be a rear yard. This property has a very small area permitted, and is virtually unusable for accessory buildings or uses of this nature, therefore is not available as an alternative. Any location would require a variance. VOTE. OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member James Dinizio, Jr., Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman This resolution was unanimously adopt,3GERA D P. GO IN ER, CHA MAN RECEIVED AND FILED BY THE SOUTHOLD TOWiv - ILERK DATE #6 HOUR g ! Sd Town Clerk sown ±L :d APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road ® .z Serge Doyen P.O. Box 1179 James Dinizio, Jr. p Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hail, 53095 :Main Road, Southold, New York 11971, on THURSDAY, SEPTEMBER 19, 1996, commencing at the times specified below: 7:15 p.m. Appl. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. Hearing carryover . 7:20 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Hearing carryover . 7:30 p.m. Appl. No. 4402 - BARBARA KELLY. Hearing carryover 7:33 p.m. Appl. No. 4415 - THOMAS BALL. Based upon an August 21, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article XXIII, Section 100-239.4B to locate a deck addition within 75 feet of bulkhead, at 1890 (w/s) Arshamomaque Avenue, Southold, NY; County Parcel ID No. 1000-66-2-46, also referred to as Lot 4 on the "Map of BeiXedon Estates," Block 7, filed 1946 with the Suffolk County Clerk. This parcel contains a nonconforming lot area of 21,071 sq. ft. and has a nonconforming setback from the new bulkhead, as E)Nists. 7:37 p.m. Appl. No. 4411 - eJONATHAN and MARGARET STERN. Based upon a June 19, 1996 Notice of Disapproval, applicant is requesting a Page 2 - Legal Notice Regular Meeting of September 19, 1996 Southold Town Board of Appeals variance under Article IIi, Section 100-33 to locate an accessory swimming pool with fence enclosure, all located in the front yard area on this corner lot. Setbacks are established in a front yard area on non-waterfront parcels only by the Board of Appeals, if allowed by variance. Location of Property: Situate along Birds Eye Road a private road off the north side of the Main Road, and situate along the southerly side of another private right-of-way, Orient, NY; County Tax Map Parcel #1000-17-2-1.13 ('known as Lot 2 and part of 5, Stern's Subdivision Map (10/1/93). 7:40 p.m. Appl. No. 4414 - DONNA IGLESIAS WEXLER. Based upon an August 21, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting variances under the Bulk Area Schedule, Article IIIA, Section 100-30A.3 for approval of Lots 1 and 2, as proposed, each with insufficient-lot width to the new division line and insufficient side yard setbacks from existing dwellings. Each lot is proposed to contain a minimum of 40,000 sq. ft. as required in this R-40 Residential Zone District. Location of Property: 8335 Main Road (Route 25), East Marion, NY; County Parcel ID #1000-31-2-32.1. 7:45 p.m. Appl. No. 4413 - EVA MULLINS. Based upon the August 13, 1996 Notice of Disapproval issued by the Building inspector, applicant is requesting a waiver under Article II, Section 100-26 for a single parcel with a combined lot area of 31,250+- sf. The basis of the Disapprovai is that This land area, identified as 1000-77-3-5, 6 & 7, was created by deeds prior to 1983, however, some time after 1983 this land has been, and is, in common ownership with an adjoining 40,500+- square ft. area identified as 1000-77-3-15. Location of Subject Property: East Side of Pine Avenue and Page 3 - Legal Notice Regular Meeting of September 19, 1996 Southold Town Board of Appeals Westerly side of private right-of-way at Goose Bay Estates, Southold, NY; Zone District: R-40 Residential. 7:50 p.m. Appl. No. 4416 - NANCY E. BUTKUS. Based upon an August 28, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article III, Section 100-33 to locale an accessory swimming pool with fence enclosure in an area other than the required rear yard at 3855 Mill Lane near Wolf Pit Lake, Mattituck, NY; County Parcel ID #1000-107-4-3. 7:55 p.m. Appl. No. 4418 FLORENCE PAVLAK. Based upon an August 27, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a Waiver under Article II; Section 100-26 for a parcel containing a total lot area of 25,000+- sq. ft. The basis of the Disapproval is although this lot was approved by subdivision of the Town Planning Board March 11, 1970, that, between July 1, 1983 and April la, 1985, this lot, identified as 1000-107-1-5.2 was held in common ownership with an adjoining lot, identified as 1000-107-1-5.1. Street Address: 3755 Grand Avenue, Mattituck, NY. 8:00 p.m. Appl. No. 4418 RAYMOND REALTY CORP./MICHAEL'S PONTIAC- CADILLAC OLDS. Based upon the June 16, 1996 Notice of Disapproval issued bV the Building ir:spector, applicant is proposing to remove the existing ground sign and in lied thereof, is requesting a variance under Article XX, Sections 100-2051)(7) and 100-206-B for the placement of a new ground sign which will exceed 24 sq. Lt. in area, and be internally illuminated. Location of Property: 42155 Route 25 (Main, Road), Peconic, NY; Cmmty Tam Map Parcel ID 4'1000-75-1-14.. Page 4 - Legal Notice Regular Meeting of September 19, 1996 Southold Town Board of Appeals 8:10 p.m. Appl. No. 4412 ROBERT HOLLEY. Based upon a July 24, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article IIIA, Section 100-30A.3 (100-244B) to locate proposed addition with a front yard setback at less than the required 40 feet, at 1085 Bay Shore Road, Peconic Bay Estates, Greenport, NY; County Parcel ID 01000-53-3-13. 8:15 p.m. Appl. No. 4419 - WILLIAM A. HANDS, JR. Based upon a Notice of Disapproval issued by the Building Inspector dated August 29, 1996, applicant is requesting: (a) under Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B, variances for reduced setbacks in the front yard, northerly side yard, total of both sides, and setback from bulkhead for proposed new dwelling, and (b) a waiver under Article Ii, Section 100-26 for this lot consisting of 22,500+- sf. as created by deeds subdivision and 1983 deed. Location of property: 960 Willow Terrace Lane, Orient, NY, also known as Lot #2 on the Map of Willow Terrace, Section 1; CTM ;#1000-26-2-21. 8:20 p.m. Appl. No. 4420 - LINDA FESSMAN as TRUSTEE. Based upon a Notice of Disapproval issued by the Building Inspector August 28, 1996, applicant is requesting a Waiver under Article II, Section 100-26 concerning this parcel of 26,500+- sf, identified as CTM #1000-115-6-1, which has been held in common ownership with another lot, CTM #1000-115-6-2, after July _ 1, 1983. This property is located at the corner of the Main Road (#18400) and Cardinal Drive, Mattituck Estates Filed Map, Lot #5, at Mattituck, Town of Southold, CTM #1000-115-6-1. 8:25 p.m. Appl. No. 4397 - ALLEN W. OVSIANIB. Hearing carryover . Page 5 - Legal Notice Regular Meeting of September 19, 1996 Southold Town Board of Appeals 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 times designated, and some may be carryover hearings. The files may be reviewed before 3:45 p.m. the scheduled date of the hearing for updates or new information. If you have questions, please do not hesitate to call r6:5-1809. Dated: September 9, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x ' v sr;,$ SIB POnM NO.3 0 a TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~J Date/_ - Toz~ - PLEASE TAKE NOTICE that your application dated !/?~T~r!... o?..; 19 for permit to i.C?. at Location of Property House No. Street Hamlet County "I"ax Map No. 1000 Section ..~d~...... Block Lot . Subdivision Filed Map No. , . Lot No. is returned herewith and disapproved oiltile following grounds . 14 dir. Inspector 1<V 1/80 AUG 91 , TM Clark ftil TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. `7 ~S- DATE ~~1.1.-~... TO THE ZONING BOARD OF APPEALyS~, TO96!.D1 WN OF SOUUTTH~OLD, N. Y. 1, (We) (!r{Jr" -1.:...a.Laxia.... /a ~..5. d... ..?.:.8......~~('Z%.'.~~ ¢Name of Appellant Str~eo/t~and Number 1.L1..L.LAX .......~Y....` .........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED WHEREBY THE BUILDING INSPECTOR DENIED TO 7V.04/C Nome of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY )/J~Gl~yr c j2D % uC L e7 S'r.. r />r ot^ „tom e r_ 1.. LOCATION OF THE PROPERTY ..G. ' Zl.... 'I/ Street /Hamlet / Use District on Zoning Map District 1000 Section/or7Block gLot 3 ...__.Current Owner s?~ /{e.eI Mop No. Lot No. Prior Owner 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) &A A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (ha ) (has not) been made with respect to this decision of the Building Inspector or with respect is property. Such appeal was ( ) request for pecial permit ( ) reques or a variance and was mode in A of No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that P~~- ~t~t/?<R.. r.LJ/ 777". yRaa S > ~G g~ Joz~s )Az-- 4-6 c_ 9-rQW sj0V ~ 11 y~v~ Form zttt (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP. because tAncv &.0&%S&-. 7V 19100& 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 r/.v ,P1 G^ Y*w 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because "1!~_ l c.ts~~ t~ /3 cs ® c"A"O 7711L c s e~ Co Zs t.-e -W w7 M -'3 i-1 S1 :rf7t 7caq1,0V C f STATE OF NEW YORK ) I/" 4 J' ss..................................9.... COUNTY OF Sin ture Sworn to this Q day of.......... 44. 6y% 1981 . . . Notary Public ROBERT 1. COTT JR. NOTARY PU IC, State of N.Y. No. 47250 . Suffoik Cou Term Expires May 31, 19Z I I,Ln I m I ~0 I I L I I I 0 m Q; zoj~ z i. S VI ( I I ' WTI W Y > C4 li.i Q \~Ir I ' i i I- 'r- I= i v I~ I i( I I LL.*LLI~~~ o N?j W I ~I I~ 3 I j c c z m a ice! 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TOO 54'E * 140 r4~ a a4a m s~ n n ? o ° OD Z o r i J4 l 0 m m m r 7' zo. 3, a Z ~i l N ~n3 Cade J W \ " 1 (1 1:05 fn Q. ::E 40. 7 yp m O _ /O.9XN76 s n % , No mni~ In,tigg -0 4 am m ro f f 401 M9' 1ti, F !1 ZZ: U 0 ; nN rzatnr~; 1 p R~ p < Q OD3zl N ~ Q O~ G) n~ 1 ~ a 1 O N 21 m o H'~. ~c~ m ra a~ nczo o to `O v a Z y y lO, 4n lp ~~g 1 gyp n m ro 1 14 . S33 A •p O y n z e33 20 „W 0AD} o i o` '9 DMIppt*E lR ANE D oc ~aASS P -n o >z ~ z 01) U oz to p~ rn m ° N o D G N --1 _j m N D n oCo IC -C A ~ ADO c:C -n iD Z O ~ O .1] r+ v APPEALS BOARD MEMBERS ~O~Q$UfF~(~ `+OG Southold Town Hall ~ Gerard P. Goehringer, Chairman '~A 53095 Main Road o .s Serge Doyen v°+ x P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 30, 1996 Mr. Norman Reilly A. Reilly & Sons P.O. Box 98 Mattituck, NY 11952 Re: Appl. #4416 - Variance (N. Butkus) Dear Mr. Reilly: Please find attached a copy of the Board's findings and determination regarding the above application. We have furnished a copy of this determination to the Building Department as an update to the initial Notice of Disapproval. It may be necessary to contact their office (765-1802) and submit whatever other documents and fee is required to reactivate the permit application.for final processing. If you have any questions, please do not hesitate to call me. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department • 0 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: September 19, 1996 APPL. #4416. APPLICANT: NANCY BUTKUS. LOCATION OF PROPERTY: 3855 Mill Road, Mattituck. COUNTY TAX MAP DISTRICT 1000, SECTION 107, BLOCK 4, LOT 3. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated August 28, 1996. PROVISIONS APPEALED FROM: Article III, Section 100-33. RELIEF REQUESTED: Proposed swimmingpool in a yard technically defined by the zoning code set back, from the fence enclosure 30 feet, and the pool 35+- feet from the front line along Mill Lane, and not closer than 80+- feet to the northerly property line (n/f Wolf Pit Associates), Mattituck. The proposed fence enclosed shall be at four ft. height per codes. The size of the requested pool is 16 ft. by 32 ft. and is to be situated close to the northeasterly corner of the existing dwelling. MOTION MADE BY: G. Goehringer, SECONDED BY L. Tortora. ACTION/ RESOLUTION ADOPTED: Location of proposed fence enclosure, shown at 30 ft. from Mill Lane, and accessory pool location as shown on sketch submitted with the application, GRANTED as applied. REASONS/FINDINGS: Requested location is not unreasonable since it will be placed in the yard area which would be for many parcels fronting only on one street to be a rear yard. This property has a very small area permitted, and is virtually unusable for accessory buildings or uses of this nature, therefore is not available as an alternative. Any location would require a variance. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member James Dinizio, Jr., Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman This resolution was unanimously adopted 5-0. ~ C,cAj ~ cl rL(~' DATE: September 19, 1996 TO: Mr. Gerard Goehringer, Chairman Southold Town Zoning Board of Appeals FROM: Norman Reilly/ Representing Nancy Butkus REF: Additional information concerning this variance for the swimming pool to be located in the front yard. Our original request for this variance requested s 35' set-back from the east property line on Mill Lane. In doing some additional site planning subsequent to our turning in the required paperwork to this board, we have located an add- itional cesspool to the East of the residence on the Mill Lane side of the house. Due to this fact, and the additional expense and hardship moving this cesspool would cause the homeowner, we are requesting additional consideration that the pool setback from the East property line be changed to 30' instead of 35' as originally requested. The house located across the street on the East side of Mill lane is located just 20' from the property line. The location of the pool as originally stated is completely buffeted by 4 - 5' high hedge. We would also like to state that all three of the adjoining property owners have been contacted not only by certified mail, but personally by the owners and there is absolutely no opposition to this project. Thank You for your consideration in this matter. DATE: September 19, 1996 TO: Mr. Gerard Goehringer, Chairman Southold Town Zoning Board of Appeals FROM: Norman Reilly/ Representing Nancy Butkus REF: Additional information concerning this variance for the swimming pool to be located in the front yard. Our original request for this variance requested s 35' set-back from the east property line on Mill Lane. In doing some additional site planning subsequent to our turning in the required paperwork to this board, we have located an add- itional cesspool to the East of the residence on the Mill Lane side of the house. Due to this fact, and the additional expense and hardship moving this cesspool would cause the homeowner, we are requesting additional consideration that the pool setback from the East property line be changed to 30' instead of 35' as originally requested. The house located across the street on the East side of Mill lane is located just 20' from the property line. The location of the pool as originally stated is completely buffeted by 4 - 5' high hedge. We would also like to state that all three of the adjoining property owners have been contacted not only by certified mail, but personally by the owners and there is absolutely no opposition to this project. Thank You for your consideration in this matter. APPEALS BOARD MEMBERS gUFFOJ4,COG Southold Town Hall Gerard P. Goehringer, Chairman y< 53095 Main Road Serge Doyen v°a = P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa y~1J O~ Fax (516) 765-1823 Lydia A. Tortora O! ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: September 19, 1996 APPL. #4416. APPLICANT: NANCY BUTKUS. LOCATION OF PROPERTY: 3855 Mill Road, Mattituck. COUNTY TAX MAP DISTRICT 1000, SECTION 107, BLOCK 4, LOT 3. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated August 28, 1996. PROVISIONS APPEALED FROM: Article III, Section 100-33. RELIEF REQUESTED: Proposed swimmingpool in a yard technically defined by the zoning code set back, from the fence enclosure 30 feet, and the pool 35+- feet from the front line along Mill Lane, and not closer than 80+- feet to the northerly property line (n/f Wolf Pit Associates), Mattituck. The proposed fence enclosed shall be at four ft. height per codes. The size of the requested pool is 16 ft. by 32 ft. and is to be situated close to the northeasterly corner of the existing dwelling. MOTION MADE BY: G. Goehringer, SECONDED BY L. Tortora. ACTION/ RESOLUTION ADOPTED: Location of proposed fence enclosure, shown at 30 ft. from Mill Lane, and accessory pool location as shown on sketch submitted with the application, GRANTED as applied. REASONS/ FINDINGS: Requested location is not unreasonable since it will be placed in the yard area which would be for many parcels fronting only on one street to be a rear yard. This property has a very small area permitted, and is virtually unusable for accessory buildings or uses of this nature, therefore is not available as an alternative. Any location would require a variance. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member James Dinizio, Jr., Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman This resolution Was unanimously adopted. GERARD P. GOEHRINGER, CHAT MAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR 8 ! 5 0 ~lK own Clerk, Town of 60'.J old APPEALS BOARD MEMBERS OO~Q$UfFO(~ COG Southold Town Hall Gerard E Goehringer, Chairman co y` 53095 Main Road Serge Doyen VJ x P.O. Box 1179 James Dinizio Jr. O Southold, New York 11971 Robert A. Villa 'y~j • O`er Fax (516) 765-1823 Lydia A. Tortora O! ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: September 19, 1996 APPL. #4416. APPLICANT: NANCY BUTKUS. LOCATION OF PROPERTY: 3855 Mill Road Mattituck. COUNTY TAX MAP DISTRICT 1000, SECTION 107, BLOCK 4, LOT 3. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated August 28, 1996. PROVISIONS APPEALED FROM: Article III, Section 100-33. RELIEF REQUESTED: Proposed swimmingpool in a yard technically defined by the zoning code set back, from the fence enclosure 30 feet, and the pool 35+- feet from the front line along Mill Lane, and not closer than 80+- feet to the northerly property line (n/f Wolf Pit Associates), Mattituck. The proposed fence enclosed shall be at four ft. height per codes. The size of the requested pool is 16 ft. by 32 ft. and is to be situated close to the northeasterly corner of the existing dwelling. MOTION MADE BY: G. Goehringer, SECONDED BY L. Tortora. ACTION/ RESOLUTION ADOPTED: Location of proposed fence enclosure, shown at 30 ft. from Mill Lane, and accessory pool location as shown on sketch submitted with the application, GRANTED as applied. REASONS/ FINDINGS: Requested location is not unreasonable since it will be placed in the yard area which would be for many parcels fronting only on one street to be a rear yard. This property has a very small area permitted, and is virtually unusable for accessory buildings or uses of this nature, therefore is not available as an alternative. Any location would require a variance. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member James Dinizio, Jr., Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman This resolution was unanimously adoptedyi-d. GERARD P. GOEIiRINGER, CHAT MAN by NO(A411 REi 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: Np'NC u Tome eu S DATE OF PUBLIC HEARING: M • ups. Sept 19% Th P If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD • (516) 765-1809 . a( lance - Pdou. i N Fr6nT- Y/Tfb 0 APPEALS BOARD MEMBERS SUFF0J tarn Southold Town Hall Gerard P. Goehringer, Chairman - 53095 Main Road Serge Doyen y x P.O. Box 1179 James Diniaio, Jr. $ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 O! ~a Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 19, 1996 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4416 Project/Applicants: Nancy E. Butkus County Tax Map No. 1000-107-4-3 Location of Project: 3855 Mill Lane, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate swimming pool with fence enclosure in area other then 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) Farm has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type 11 classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990).. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. • Fat.rC OG JUDITH T. TERRY C~ y~ Town Hall, 53095 Main Road TOWN CLERK y P.O. Box 1179 v- Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O • Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER y~01 ~aO~ Telephone (516) 765-1800 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. 4416 DATE: AUGUST 30, 1996 Transmitted is an application for a variance submitted by NANCY BUTKUStogether Notice to Adjacent Property Owners; Zoning Board of Appeals Questionnaire: Short Environmental Assessment Form; Notice of Disapproval from the Building Department, survey, and other relevant documents. Judith T. Terry Southold Town Clerk BOARD OF APPEALS I TOWN OFSOUTHOLD I Parcel ID#1000-10 4-3. 100-239.48, variances for re- NOTICE OF HEARINGS 17-2-1.13 (known as Lot 2 and -7:55 p.m. Appl. #4418- duced setbacks in the front yard, part of 5, Stern's Subdivision j FLORENCE PAVLAK. northerly side yard, total of both NOTICE IS HEREBY Map(10/1/93). Based upon an August 27, 1996 sides, and setback from bulkhead GIVEN, pursuant to Section 267 7:40 P.M. Appl. #4414 Notice of Disapproval issued by for proposed new dwelling, and of the Town Law and the Code DONNA IGLESIAS the Building inspector, applicant ! (b) a waiver `under Article II, t of the Town of Southold, the WEXLER. Baseduponan Au- is requesting a Waiver under Section 100-26 for this lot con- following applications will be gust 21, 1996 Notice of Disap- Article II, Section 100-26 for a sisting of 22,500+- sf ascreated held for public hearings before proval issued by the Building parcel containing a total lot area by ,deeds subdivision and 1983 the SOUTHOLD TOWN Inspector, applicant is requesting of 25,000+- sq. ft. The basis of dbl. Location of property: 960 BOARD OF APPEALS, at the variances under the Bulk Area the Disapproval is although this Willow Terrace Lane, Orient, Southold Town Hall, 53095.. Schedule, Article HIA, Section lot was approved by subdivision I NY, also known as Lot #2 on the Main Road, Southold, New York 100-30A.3 for approval of Lots of the Town Planning Board Map of Willow Terrace, Section 11971, on THURSDAY, SEP- I and 2, as proposed, each with March 11, 1970, that, between 1; CTM # 1000-26-2-2 L TEMBER 19,49%, commenc insufficient lot width to the new July 1, 1983 and April 14, 1985, 8:20 p.m. Appl. No. 4420- ingatthetimes specified below- division line and insufficient side this lot, identified as 1000-107- I LINDA FESSMAN as 7:15 p.m. Appl. #4389 - yard setbacks from existing 1-5.2 was held in common own- TRUSTEE. Based upon a No- TIMOTHY GRAY and dwellings: Each lot is proposed j ership with an adjoining lot, tice of Disapproval,issued by the JIMBO REALTY. Hearing, to contain a minimumof40,000 identified as 1000-107-1-5.1. Building Inspector August 28, carryover.- sq. ft. as required in this R40 " Street. Address: 3755 Grand 1996, applicant is requesting a 7:20 p.m. Appl. No. 4407- ! Residential Zone district. Loca- Avenue, Mattimck, NY. Waiver under Article II, Section HUGH and ROSEMARY tion of Property: 8335 Main 8:00 p.m. Appl. #4418- 100-26 concerning this parcel of MURPHY. -Hearing carryover. Road (Route 25), East Marion, RAYMOND REALTY CORP./ 7:30 p.m. Appl No. 4402- NY; County Parcel ID #10000- MICHAEL'S PONTIAC- 26,500+- sf, identified as CTM BARBARA KELLY. Hearing 31-2-32.1. CADILLAC OLDS. Based #1000-115-6-1, which has been carryover. 7:45 p.m. Appl. #4413- EVA upon the June 16, 1996 Notice . held in common ownership with 7:33 p.m. Appl. No. 4415'. MULLINS. Based upon the of Disapproval issued by the another lot, CTM # 1000- 115-6- THOMAS BALL. Based upon August 13, 1996 Notice of Dis- an August 21, 1996 Notice of approval issued by the Building Building Inspector, applicant is 2, after July 1, 1 th This prop f Disapproval issued by the Build- proposing to remove the exist- I erty is located at t the comer of ing Inspector,. applicant is re- Inspector, apphcantisrequesting ing ground. sign and in. lieu the Main Road (#18400) and questing a variance under Article a waiver under Article II. Sec- thereof isrequestingavariance Cardinal Drive, Mattituck Es- XXIII, Section 100-239.41 to tion 100-26 for a single parcel under.ArticteXX.Sections 100- tates Filed Map, Lot #5, at locate a deck addition within 75 with a combined lot area of 205D(7) and 100-206-B for the ! Mattituck, Town of Southold, feet of bulkhead, at 1890 (w/s) 1 3.1,250+_. sf. The basis of the placement ofa new ground sign CTM # 10.m. ppl. . 8:25 p.m.. ONo.VSIA NIK. Arshamomaque Avenue. Disapproval is that this land area, which will exceed 24 sq. ft. in EN Southold NY;Coon ParcelID identified as 1000-77-3-5,6&7, area, and be internally illumi- ALL W. tywas created by deeds prior to nated. Location of Property: Hearing carryover. No. 1000-66-2-46, also referred 1983, however, some time after 42155 Route 25 (Main Road), The Board of Appeals will to as Lot 4 on the "Map of 1983 this land has been, and is, Peconic, NY; County Tax Map at said time and place hear any BeixedonEstates;`Block 7,fled ! in common ownership with an Parcel ]D #1000-75-1-14. i and all persons or representatives 1946 with the Suffolk County in 4 wners square ft. eel I p.m. Appl. No. 4412- desiring to be heard in the above adjoining Clerk. This parcel contains a area identified as 1000-77-3-15. ROBERT HOLLEY. Based applications. Written comments nonconforming lot:-area of Location of Subject Property: y may also be submitted prior to 21,071 "sq. ft. and has a noncon- upon a Jul 24, 1996 Notice of East side of Pine e Avenue and Disapproval issued by the Build- the conclusion of the subject forming setback fromifie-new i uestarlysideofprivateright-of- ing Inspector, applicant is re- not st rt the above tearimesdesi bulkhead g- , as exists: way at Goose Bay Estates, questing not start before h times desig 7:37 p.m. AppL No. 4411- Southold NY; Zone District: R- ILIAIIA, Section ctionan 1000-30A.-30A.3 (100- (100- nated, and some may be JONATHAN and MARGA- 40 Residential. 244B) to locate-proposed addi- carryover hearings. The file(s) RET STERN. Based upon a may be reviewed before 3:45 7:50 p.m. AppL No. 4416- lion with a front yardsetback at y June 19; 1996 Notice of Disap- NANCY E. BUTKUS. Based less than the required 40 feet, at I p.m. The scheduled date.of the proval, applicant is requesting a I hearing for updates or new in- variance under Article [II, Sec- upon an August 28; 1996 Notice 1085 Bay Shore Road, Peconic formation. If have questions, tion 100-33 to locate an acces I of Disapproval issued by the Bay Estates, Greenport, NY: you q of with fence ' Building Inspector, applicant is County Parcel ID #1000-53-3- please also do not hesitate to call sory swimming pool 765-1809. enclosure, all located in the front requesting a variance under Ar- 13. yard area on this corner hot Set- ticle II, Section 100-33 to locate 8:15 p.m. Appl. No. 4419 Dated: September 9, 1996 backs are established in a front an accessory swimming pool WILLIAM A. HANDS, JR. SO ORDER OF THE UTHOLD yard area on non-waterfront par- With fence enclosure in an area Based upon a Notice of Disap- BOARD OF APPEALS eels only by the Board of Ap- other than the required rear yard proval issued by the Building GERARDP. ' at 3855 Mill Lane near Wolf Pit inspector dated August 29, 1996, peals, if allowed by variance. GOEHRINGER. Chairman Location of Property: Situate Lake, Mattituck, NY: County applicant is requesting: (a) un- along Birds Eye road a private der Article XXIV, Section 100- By ILinda walski X 9/1?096(89) road off the north side of the 244B,and Article XXIII,Section Main Road, and situate along the southerly side ofanotherprivate right-of-way, Orient, NY: - County Tax Map Parcel #10000- COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly s" orn, says that ,he is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for weeks ,ut cessively, commencing on the d,yo .......................................19..16 1~.......... Sworn to beforeore mthis om........... day of 16 .19....... - Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk Cou~tt / Commission Expires 34 " TOWN OF SOUTHOLD, NEW YORK APPEAt_ FROM DECISION OF BUILDING INSPECTOR APPEAL NO.. q DATE TO 1L1E ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 13Y " ry, Name of Appellant Street and Number .................'.!.I.I~T7~(.J~! SrL ......N:. .:..........HEREBY APPEAL TO Municipality State TIIE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED WHEREBY THE BUILDING INSPECTOR DENIED TO _A.r/tc......_ Nome of Applicant for permit of S...t.reet and Number -e-et--an-d--Nu..ber M unici pa...li.t . y Stat e ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (J) rt l~ nult;/l- 3W'/1ttMr/W6 170At_ 1. LOCATION OF THE PROPERTY ......!~l~('....... /......"fd.f~.. Street /I~atiilet / Use District on Zoning Mop District 1000 Section ~O~Block y Lot 3 /V ° ~4 C(CJ ..................-......---.....-_.................._..Current Owner 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.) Article section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (-A A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 2BOA Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) has not een 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 o variance - and was mode in Appeal No .................................Doted REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( SL-IWMrn.c. *'Ott_ 70 nk- t,or o"-b-' 44- /=Rda- i is requested for the reason that vw fU/2 L. I a Forn, Zn[ (Continue on other side) ' ~ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ?S / AKG C k-)LW2641s6-& 7_0 191"lC SL-yJT7 e 7;"~1c /9? V ~~G ~i%bi3L S' 1 N_ ctrl w/li-I C~{ w fi.c / ~ /36" 7a v Ccor& 2. The hardship created is UNIQUE and is not shared by oil properties alike in the Immediate vicinity of this property and in this use district because /mar PIM C6-Z Is 4. C!j,ILJM 4-07- W 1 TN CL-) Yes , C'G I+~dbGf G6c01'Z9 Roma T %?lt' C7~77lLG- 12d-)f#t y~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Prnf M MM (5)r-'_ 1211 ovoi fij6E~ /~iyb no o c wf -Gil ~ /Ul (11p 13 cc- f#16''. ~77~6Z~ /~/,3t C~ G Y116-76-0i/t16 /Juez 77C[- r7j2cz-~". STATE OF NEW YORK ) ss COUNTY OF SfA/~ou4) Signature 19Q~o Sworn to liiis ...f.+.V' day of..................... LqJ i ....................._......'C.................... u Notary u ROBERT I. SC JR. Y 18t(,Co of N.. NOTgRY PU86 Holk u t No. 4725OBae MSY 31. Term ExP19 BOARD OF APPEALS. TOWN OF SOUTHOLD CERTIFIED MAIL RETURN RECEIPT REQUESTED In the Matter or the Petition of NOTICE -r to the Board of Appeals of the Town of Southold TO M' TO: w ' CcAt w PROPERTY OWNER ILOOtn + L~,e wtir4- /17- 2.Z YOU ARE IIEREBY GIVEN 140TICE: 1• That it is the intention of the undersigned to petition the Board of Appeals of the fawn of Southold to request 1 artanc (Special Exception) (Special Permit) (Other) [circle choicel I" c7 71Q_ edkS17t4~r- r,;,, #IIA10 v>oo~ 2. That the prope y which is the subl'.e~ct of the Petition?is located adlacent to your property and is des- cribed as follows: ..S J ~.Q~ _ _~1'1L~- - L/~?t/Ea' . 3. That the propertt which is the subject of such Petition is located in the following zoning district: 41 3 Tlnat b~ inch Petition, the undersigned will request the following relief: r/ 7(~Nf[ CCi6asr CcShiS TYfl f ~r A Sty /M M i N4, J VW c- d f'ar7+/CL > w fcGto i?L_1_ t v _ Apt-r4w f Cb7t&4P!: C~-/or ~ C--'17// (2) /~T /O~i~f/9j - Ctf(/eAG ! 5. That the provisi of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section ~00 - ?3 6. That a written Petition requesting the 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) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing roust be published at least five days prior to the date of such hearing in the Long Island Traveler-Mat tIttick Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appears and be heard at such hearing. Dated: ~L["LIlL/C r" ILLI 2~`P i1?5kc. Petitioner Owners'Natnes:y /ft~j~YCIS Post Office Andres}, Tel. No. 2,9g [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAII ING OF NOTICE ATTACH CERTIFIED HAIL RECEIPTS NAMg ADDRESS STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) residing at R /L4- being duly sworn, deposes and says thadon the day of cOr 19 deponent mailed a true copy of the 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 said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at L'I that said Notices wcre mailed to each of said persons by (ccrrified) (registered) mail. Sworn to be ore a this t^ day of 19 Notary ZI.'UTT, RUB JR. NOTARY te of N.Y. No. 472 k Coun Term Expires May 31, 19 (This side does not have to be completed on form transmitted to adjoining property owners.) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will 'oe made by 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 YNO 2. Will there be a major change to any unique or unusual land form on the site? _Yes ~No - 3. Will project alter or have a large effect on an existing body of water? _Yes Y-No 4. Will project have a potentially large impact on groundwater quality? _Yes No 5. Will project significantly effect drainage flow on adjacent sites? _Yes X-No 6. Will project affect any threatened or endangered plant or animal species? Yes _ No 7. Will project result in a major adverse effect on air quality? _Yes X-No S. 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 ~_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 envircnmental area by a local.agency? _Yes XNo 10. Will project have a major effect on existing or future recreational opportunities? _Yes X-NO 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? __Yes XNo 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes XNo 13. Will project have any impact on public health or safety? Yes X -No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent overa one-year Yes X No period or have a major negative effect on the ~'r- character of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes ?NNo Preparer's Signature: Representing. ~71~G7 /J LG/.L Date: gj, 6 2RA 9/75 OUESTT_CNNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the 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.) _&g1i,C_y nu7r43 ??tT Miu.. ~ r 77 ck. B. Is the subject premises listed on the real estate market for ale or being shown to prospective buyers? { ) Yes No. (if Yes, please attach copy of "condiiiens" of sale.) C. Are there any Fraposals tm change ar alter land contcurs? ( ) Yes 1) 1 No D. 1. Are there any areas which contain wetland grasses? AID ~I 2. Are the wetland areas shown on the map submitted with this application? NO 3. Is the property bulkheaded betty{ en the wetlands area and the upland building area? d/ 4. If your property contains wetlands or pond areas, have you contacted the office of the Towp Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed cruction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." nntu&r -ft -S Q /klt_L L~S?L t ~ODL 4_OC/9jJoA1. G. Do you have an construction taking place at this time concerning your premises? _Q _ If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? _ bA If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel fW1 and proposed use i//~Sxy7 Orv 7tfhl, ized ure ate IA7 10/901k BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of - ---C -----------x CONFIRMATION OF POSTING I, (4 r ~i! residing at being duly sworn, depose and say: / That on the day of 199 I personally posted the property known as " ~5 S 1 0 M ct q, i-u , NY- by placing the Town's official poster* Notice on either a stake, fence, or other post near the driveway entrance into the property, on the applicant's property where it can be easily seen by passersby, and that the poster has remained in place at least ten (10) days prior to the date of the public hearing (date of hearing noted thereon to be held , 1996.) Dated: SePte,rGer l~ 1996 . (signature) Sworn to before me this day of , 1991-. NOTARY PUBLIC *or within 10 feet of your front property line(on your property facing the road or right-of-way).