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HomeMy WebLinkAbout4383 7-7 i o~~g~FFO(~-CO APPEALS BOARD MEMBERS C* Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #1383. ACTION OF THE BOARD OF APPEALS DATE OF ACTION: May 29, 1996 APPLICANT: HELEN DITTUS LOCATION OF PROPERTY: 305 Masters Road, Laurel. COUNTY TAX MAP DISTRICT 1000, SECTION 126, BLOCK 9, LOT 22 BASIS OIL APPEAL: Notice of Disapproval issued by the Building Inspector dated May 7, 1996: "...Accessory buildings and uses shall be located in the required rear yard. Article IIIA, Section 100-30A.3 (100-33)... RELIEF REQUESTED: approval of 9.5 x 5.5 ft. detached, accessory shed, as built and located with a setback about one foot off the southerly side property line, and 10+- feet from the rear (westerly ) property line, all as confirmed by survey of Jan. 9, 1963 submitted with this application. MOTION MADE BY: Robert A. Villa SECONDED BY: Serge Doyen, Jr. A(TION/RESOLU'I'ION ADOPTED: Granted as applied with the condition (as ngree.d and discussed at the hearing) that work in the future to upgrade or relocate the building will require the relocation of the shed with the required minimum setback from all property lines as per the zoning code in effect at that time. (Painting is permitted without relocation.) REASONS/ FINDINGS: Building was placed during 1963 and has been in existence, as per testimony and documentation submitted, for more than 30 years without a building permit or other town approval. An alternative is available to move the shed and comply with the minimum three-ft setback from property lines in the rear yard. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member RECFIVED iV"~tl) FF.'D B Robert A. Villa, Member Lydia A. Tortora, Member -.a °'di Gerard P. Gochrin er Chairman THE SOU'll .._i g ~ /Gc U Di'IE '4f his rel l'iiilfbn was una imously adoptod GERARD P. GkIEHRAGER ,r 1 RMAN ! Town Approved for Filing SISF Q1,r APPEALS BOARD MEMBERS c~ Gy`4 Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. EO. Box 1179 James Dinizio, Jr.~Gj :~b® 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 Hall, 53095 Main Road, Southold; New York 11971, on WEDNESDAY, MAY 29, 1996, commencing of the times specified below: 7:30 p.m. Appl. #4386 - CINDY AND MITCHELL RUGGLES. Application for a variance based upon the May 6, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article IIIA, Section 100-30A.4, to locate an above-ground swimmingpool with entry decking and fence enclosure in an area other than the required rear yard at 1150 Nakomis Road, Southold, NY; County Tax Map Parcel No. 1000-78-3-15. The subject parcel contains a total lot area of 13,200+- sf. 7:35 p.m. Appl. #4379 - LISA AND NIKOLA GAL7ANIC. Application for a variance based upon the Building Inspector's April 4, 1996 Notice of Disapproval, ref. Zoning Code, Article XXIV, Section 100-244B as amended 11-28-95 to construct new dwelling, maintaining the existing dwelling's front yard setback location. Location of Property: 1065 Bay Avenue, East Marion, NY; County Tax Map Parcel No. 1000-31-9-1. This parcel consists of 17,590+- sf. 7:40 p.m. Appl. No. 4384 - VINCENT MANGO as Contract Vendee (Owner: Page 2 - Legal Notice Regular Meeting of May 29, 1996 Southold Town Board of Appeals Edith Purpura). Application for a variance based upon the April 22, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article XXIII, Section 100-239.4 to replace accessory storage shed in a location less than 75 feet from the bulkhead. Location of Property: 8225 Nassau Point Road, Cutchogue, NY; County Parcel No. 1000-118-4-10; also referred to as Lot 64 and part of 65 on the "Amended Map A of Nassau Point" (1922). The subject premises contains a total lot area of 1.375+- acres in an R-40 Zone District. 7:45 p.m. Appi. #4385 - KEVIN & ASCENSION KYLE. Application for a variance based upon the May 6, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article IIIA, Section 100-30A.3, to construct deck addition with a setback at less than the required 50 ft. rear yard setback, at 815 Park Avenue, Southold, County Parcel No. 1000-56-1-2.4, also referred to as Lot #14, Long Pond Estates Subdivision. This is a corner lot consisting of 40,017 sf. in an R-40 Zone. 7:50 p.m. Appl. No. 4383 - HELEN DITTUS. Application for a variance based upon the May 7, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code Article III, Section 100-33B(i), for approval of accessory shed in the southwest corner of the rear yard "as exists" at less than the required three ft. setback. Location of Property : 305 Masters Road, Laurel, NY; County Parcel No. 1000-126-9-22; also referred to as Lot #6 and part of 7, Map of Property of Dan J. Stack (County Map #815). Size of Property: .25+- of an acre. 7:55 p.m. Appl. No. 4381 - LARRY AND LINDA RAPPAPORT. Application for a variance based upon the Building Inspector's April 30, 1996 Notice of Disapproval, ref. Zoning Code Article IIIA, Section 100-30A.3, for approval Page 3 - Legal Notice ` - Regular Meeting of May 29, 1996 Southold Town Board of Appeals of porch addition "as built" with a setback at less than the required 15 ft. minimum side yard in this R-40 Zone District. Location of Property: Lot #14, 13 and part of 12 as shown on the Map of Point Pleasant containing 2.00+- acres; 1605 Pt. Pleasant Road, Mattituck, NY; County Parcel No. 1000-114-1-5.1. 8:02 p.m. Appl. No. 4382 - ISLAND ALE, INC. and F. CICHANOWICZ 3RD. Application for a variance based upon the Building Inspector's March 25, 1996 Notice of Disapproval to construct new principal building at a width of more than 60 feet which is restricted by Zoning Code Article X, Section 100-103C of the Zoning Code. Proposed Restaurant (Principal Use) in this B-General Business Zone District. Location of Property: 32240 Main Road, Cutchogue; County Parcel No. 1000-103-1-19.3 (includes former #103-1-18 consisting of one-half acre, and entire 26.2 acres is a part of a 55.2 acre parcel of record in 1985). 8:10 p.m. Application of SCOTT RUSSELL - Reconvened hearing (carryover from May 1, 1996). 8:15 p.m. Application of DANIELE DUPUIS - Reconvened hearing (carryover from May 1st). 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 are in addition to other hearings. It is recommended that the file(s) be reviewed before the scheduled date of the hearing for updates or new information. If you have questions, please also do not hesitate to call 765-1809. Dated: May 13, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x roRm NO.3 / TOWN OF SOUTHOLD l ° ' BUILDING DEPARTMENT 'D [10 TOWN CLERK'S OFFICE / SOUTHOLD, N.Y. MAY " 7 11 NOTICE OF DISAPPROVAL 3 f~,. . Date . To `QO~ I S~C?,1~ Jar- L~ Ut it5 kx.. il~~.. . C_ . PLEASE TAKE NOTICE that your application dated . u.............. 19. 1 ~4 for permit 46 ,;~4 /~/lc ~CG cSSp. ~f/S /~?/y7~i/:.j?!L~ d at Location of Property J l ? . . Noose No. / Street Hamlet County Tax Map No. 1000 Section . ( Block Lot Subdivision Filed Map No. Lot No. . is returned herewith and disapproved on the following grounds ...0A...TS.....l Q/?~e~7!~r 1G Uf...?-4...TW F.A). It-J....1ony J i U.r.l c J.......:, 11t~~~... A ...5;... .sf....7i~~?. X1/4 /0V-3~ . / . . ??a ..T~.. . B i n Inspector kV 1/80 RECEMD Lf..00 MAY 9 1996 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ......LL TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Helen..?A...Dittus ...............................of 1A..Stazli.$hk.p.Oive.................................. Name of Appellant Street and Number Norwalk ......QT .................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON Notice of Disapproval T 5/7/96 . FeR PERMIT DATED WHEREBY THE BUILDING INSPECTOR' DENIED TO Helen A.-.Dittus,,,,,,,,,,,,,,,, _ Name of Applicant for permit of c/o Deborah Doty, Esq., P.O.Box 1161, Cutchogrue, NY 11935 . Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Permit for accessory structure (shed) . 1. LOCATION OF THE PROPERTY ...305, Masters, Roa.d,Laurelr NY R-40 . Street /Hamlet / Use District on Zoning Map District 1000 Section 126Block g Lot 22 Current Owner Helen A. Dittus Map 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 100 Section 33B(1) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal giffics not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( )request for a variance and was mode in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( A A Variance to the Zoning Ordinance ( ) is requested for the reason that - in 1965, applicant and her husband purchased the small summer home north of Peconic Bay Boulevard in Laurel. The main house is only 34' x 21' with a 34' x 6' screened porch. The house contained no storage space for tools, lawn mowers, etc. There was no garage or other accessory structure. Therefore, approximately 15 years ago, applicant and her husband put up a metal storage shed in the rear yard of the premises. At that time, they were.not aware that a building permit was required to install the shed or that there were side and rear yard setback requirements on their 1/a acre lot. On a slight angle, the shed is located approximately V 9" to 2' 1 " from the southerly line. The Form ZBI rear set back is approximately 10, C6oA o Inue on ut the at hey sine) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the subject 10,890± square foot lot is located in an R-40 zone in Laurel. Applicant's husband died in December of 1992 and applicant has recently moved from Queens to Connecticut to be near her children. The 9172- x 51h foot shed is firmly footed on fire bricks with a tile-like floor which was carefully laid by applicant and her husband. Relocating the 15-f year-old shed about V northward is neither practically nor financially feasible. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because applicant's lot is one of the smallest lots in Section 126 Block 9. (See attached tax map.) The neighbor to the south, Regina Coughlin, has a pool in her backyard and there is a stockade fence around the pool. The more than 4' high fence cans along the southern boundary of applicant's property and is approximately V 9" from the southeastern corner of the shed and 2' 1" from the southwestern corner. (See attached photographs.) As long as the pool is located on the Coughlin property, the fence should continue in its present location. Accordingly, potential visual encroachment resulting from having the shed less than 3' from the southerly line is minimized, if not eliminated. The premises to the west is uncleared woodland and the shed is setback more than 10" from the westerly line. To the north is another home with a free-standing garage in the rear yard. Many of the other houses in the neighborhood are substantially larger than the applicant's premises and many have garages and/or storage sheds, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because applicant seeks merely to obtain approval of a side yard setback of approximately V 9" for her metal storage shed. The residential character of the neighborhood will not be changed by permitting this small variance from the existing 3' setback requirement in the Zoning Code. STATE OF NEW YORK ) COUNTY.OF SUFFOLK ) Signature ~k Sworn. to this day of.............. kl,~LY 19 96 Notary Public W8bledtMwYpk Gppt1lt inttOWb OVIA . NEI ~ ry v a t~ ° LLI l~ V L lu 3 ¢ Q 9 z ® C7 J t O O U Ln Y Q Q w K Q Y ® > w n V J O Of LL co 0 3 0 w z m o ® ; r ! a~ o d > < o o w u LU Q J Z N a V m o Q > co ® J > < v a Q. + A Q w ~ w J N Z .U \ O~ w N M T~wa ~~ry/ Z a~ a~ m o a p n- p Z 3 eye Q a O O O O N O _ ! 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DEPARTMENT OF PLANNING DIRECTOR OF PLANNING June 24, 1996 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) Rappaport, Larry & Linda 4381 /Island Ale, Inc. (F. Cichanowicz, owner) 4382 Dittus, Helen 4383 Manago, Vincent 4384 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:\WPWIN6MWPO00SIZONING\PERM\FORMS\LD-ZONi WPD 220 RABRO DRIVE 2 P.O. BOX 6100 ¦ HAUPPAUGE, LONG ISLAND, NV 1178MO99 • (516) 853-5190 • FAX (516) 8534044 July 16, 1996 Deborah Doty, Esq. P. O. Box 1181 Cutchogue, N.Y. 11935 Re: Appl. No. 4383 - Variance for Helen Dittus Dear Ms. Doty: Please find attached a copy of communications from the Suffolk County Department of Planning which results from their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. The County has left this project for Town determination, and therefore no further action is required by the County or the Board of Appeals. This copy is for your update and recordkeeping. Before commencing construction activities, please be sure to follow-up with the Building Department at 765-1802 to determine whether the file is complete for issuance of a building permit or certificate of occupancy. Very truly yours, Lucy Farrell Enclosure gUFFO(~.c APPEALS BOARD MEMBERS y h~0 OG o Gerard P. Goehringer, Chairman Southold Town Hall Serge Doyen, Jr. Z o 53095 Main Road James Dinizio, Jr. y?j~l dap! P.O. Box 1179 Robert A. Villa Southold, New York 11971 Lydia A. Tortora Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant Board of of App eas oOff t' eeT wn Of So tlS~ia Veu ° o rk, h strative Code, The to the Suffolk County Planning Commission: her ' refe_-s the ollowing XX Variance from the Zoning Code, Article IIIA z Section 100-30A.3 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4383 Applicant: Helen Dittus Location of Affected Land: 305 Masters Rd., Laurel, NY County Tax Map Item No.: 1000- 126-9-22 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 permission to locate accessory shed in area other than the required rear and Copies of Town file and related documents en Dated: Closed .or your review. JUne 20, 1996 • ~cfffgUFFO(eCOGq~ APPEALS BOARD MEMBERS hZ` y cz Southold Town Hall 02 Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 12, 1996 By Facsimile Transmission to 734-7702 Deborah Doty, Esq. P_O. Box 1181 Cutchogue, NY 11935 Re: Appl. No. 4383 - Helen Dittus (Variance for Shed Setback) Dear Ms. Doty: Please find enclosed a copy of the determination rendered by the Board of Appeals and filed today with the Town Clerk's Office concerning the above variance application. A copy of this determination has also been transmitted to the front desk at the Southold Town Building Department pertaining to the pending building permit application request. However, it will be necessary for you (or the owner) to contact the Building Department (765-1802) in a day or two to be sure the building permit application is returned to their "active" shelf for final processing. Also, due to the proximity of this project within 500 feet of a Horton's Creek (an estuary of Peconic Bay), we are required, and have, transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. It is expected that once is review is completed by the County, that the County will leave the project for local (town) determination without further County Planning review. Very truly yours, i i da Kowalski lk Enclosure Copies of Decision to: Building Inspectors' Office Extra Copy - Building Permit Application File (ref: Disapproval) Suffolk County Department of Planning BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x in the Matter of the Application of HELEN A. DITIUS (Appl. #4383) ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 1, Deborah Doty , residing at 670 West Creek Ave., Cutchogue, NY New York, being duly sworn, depose and say: That on the 17th day of May, 1996, I personally posted property known as " 305 Masters Road, Laurel, NY it by placing the Town's official poster sign ten (10) feet, or closer, from the front property line where it can easily be seen from the street, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing (date of hearing noted thereon to be held May 29, 1996.) Dated: May 29, 1996. D, o~ (signature) Swox to before me this a~ day of May, 1996. QJ44-~- N4(ary xblic JUDY L OKEEFE No1ny Public, Store of New ymk No. 30-4900962 Quelifled in Nesieu CaufKy Cemm+- c..._s yiN 13. 144 ~gUFFD(XC APPEALS BOARD MEMBERS °~y3 o Southold Town Hall Gerard P. Goehringer, Chairman v', nZy 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. p~Ol ~a0 ; Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4383. ACTION OF THE BOARD OF APPEALS DATE OF ACTION: May 29, 1996 APPLICANT: HELEN DITTUS LOCATION OF PROPERTY: 305 Masters Road, Laurel. COUNTY TAX MAP DISTRICT 1000, SECTION 126, BLOCK 9, LOT 22 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 7, 1996: "...Accessory buildings and uses shall be located in the required rear yard. Article IIIA, Section 100-30A.3 (100-33)... RELIEF REQUESTED: approval of 9.5 x 5.5 ft. detached, accessory shed, as built and located with a setback about one foot off the southerly side property line, and 10+- feet from the rear (westerly ) property line, all as confirmed by survey of Jan. 9, 1963 submitted with this application. MOTION MADE BY: Robert A. Villa SECONDED BY: Serge Doyen, Jr. ACTION/ RESOLUTION ADOPTED: Granted as applied with the condition (as agreed and discussed at the hearing) that work in the future to upgrade or relocate the building will require the relocation of the shed with the required minimum setback from all property lines as per the zoning code in effect at that time. (Painting is permitted without relocation. ) REASONS/ FINDINGS: Building was placed during 1963 and has been in existence, as per testimony and documentation submitted, for more than 30 years without a building permit or other town approval. An alternative is available to move the shed and comply with the minimum three-ft setback from property lines in the rear yard. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman This resolution was unanimously adopted. ZBA: lk Regina Coughlin J Peconic Bay Boulevard Mattituck, New York 11952 MAY20M u V May 15, 1996 Mr. Gerard Goehringer, Chairman Southold Town Zoning Board of Appeals Southold Town Hall Main Road, Southold NY 11971 Re: Appeal of Helen A. Dittus Dear Chairman Goehringer, and members of the Zoning Board of Appeals; I received a notice of a variance application for an existing metal shed on my neighbor's property. I support the application for a variance for the existing metal shed which has been on the property for the last twenty years and should be permitted to remain. However, I would respectfully ask that in the event that the shed is replaced, that it be relocated to comply with zoning and be relocated to not less than three feet from my property line. Very truly yours, ~„h / Regina Coughlin h~o~og~FFOI~-~oGy JUDITH T. TERRY L Town Hall, 53095 Main Road TOWN CLERK C4 Z P.O. Box 1179 v. T Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O MARRIAGE OFFICER Fax (516) 765-1823 'yif~ aO~' RECORDS MANAGEMENT OFFICER 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. 4383 DATE: MAY 9, 1996 Transmitted is an application for a variance submitted by DEBORAH DOTY, ESQ.on behalf of HELEN A. DITTUS together with Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, and Zoning Board of Appeals Questionnaire Form, survey, and other relevant documents. Judith T. Terry Southold Town Clerk DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O. Box 1181 CUTCHOCUE, NY 11935-0876 FAX 516-734-7702 516-734-6648 D IN@ 2 {19 2 MAY 1 3 jnl May 10, 1996 Board of Appeals ATTN: Linda Kowalski Town of Southold 53095 Main Road Southold, New York 11971 RE: Variance Application for Helen A. Dittus 305 Masters Road, Laurel, New York Dear Linda: As you requested, enclosed please find an original notarized letter from Helen A. Dittus authorizing me to sign applications in connection with her property on Masters Road, Laurel. Very truly yours, Deborah Doty Encl. DD:bdr t MAY 1 31996 May 4, 1996 Deborah Doty, Esq. 670 West Creek Avenue P.O. Box 1181 Cutchogue, NY 11935 Dear Deborah: I, Helen A. Dittus, hereby authorize you to sign all applications to the Town of Southold and/or other governmental authorities in connection with building permits, certificates of occupancy and/or variances with respect to my property on Masters Road, Laurel, NY (SCTM # 1000-126-9-22). Very truly yours, ~2- Helen A. Dittus Subscrib and sworn to before me on this lday of May, 1996 ~'OvVA. a-L- I - ~otaly~Public Pal y Cammissian ~xpires , anuary3l,2000 :r DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O. Box 1181 CUTCHOCUE, NY 11935-0876 Fez 516-714-7702 516-734-6648 May 8, 1996 BY HAND Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 RE: Variance Application for Helen A. Dittus 305 Masters Road, Laurel, New York Dear Board Members: Enclosed please find the following with respect to the above-referenced variance application: 1. Notice of Disapproval from the Building Department. 2. Application for variance with the following attached: a. Copy of tax map; and b. Copy of property record card. 3. Notices to Adjoining Property Owners with mail receipts attached. 4. Z.B.A. Questionnaire. 5. Six copies of survey showing shed. 6. Photographs. 7. Check #2020 payable to Southold Town Clerk in the amount of $150.00. Please be advised that, because the house was built prior to 1957, there is no Certificate of Occupancy for the house on file in the Building Department. An application for a Pre- Existing Certification of Occupancy is pending with the Building Department. Respectfully submitted, Deborah DEncls. cc: Helen A. Dittus DD:bdr ~~$UfFO~~-c • APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman coo T 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 13, 1996 Deborah Doty, Esq. P.O. Box 1181 Cutchogue, NY 11935 Re: Appl. #4383 - Shed as Exists (Variance for Helen Dittos) Dear Ms. Doty: Please find enclosed a copy of our Agenda of Hearings for our upcoming meeting on Wednesday, May 29, 1996. The hearing is scheduled for 7:50 p.m. in the large assembly room of the Town Hall, and the legal notice has been forwarded for publication by our department in this week's issue of the Long Island Traveler newspaper. Also enclosed is a Poster sign, which should be displayed as soon as possible on a post, tree, or fence within 10 feet of the street right-of-way in the front yard. The sign must be displayed for at least seven days, and after the seven-day period has passed, please sign the enclosed Affidavit of Posting before a notary public and return to us either by mail or delivery. Please feel free to call us if you have any questions regarding this process. Very truly yours, Linda Kowalski MaryAan Cybulski Noreen Frey Enclosures 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: ITT RELE1\1 b US DATE OF PUBLIC HEARING: #,50 U) t • /1i! A N\ A 19A, 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 WAflAW-P 0001P*K) i fror, PPA II lQ B OF APPEALS ' referred t• Lot 64 and part O H TOWN OF SUTOI D • •'of 65 oh the "Amended Map A °rt'Ca"ii wt of Nassau Point" (1922). The COUNTY OF SUFFOLK NOTICE OFHEARINGS subject premises contains a STATE OF NEW YORK ss: NOTICE IS HEREBY total lot area of.] 375+- acres in an R-40 Zone District. GIVEN, pursuant to Section 7:45 p.m: ``Apply #4385- Joey Mac Lellan, being duly sworn, says that 267 of the Town :Law, aril the' aXEVIN & ASCENSION' : he is the Editor, of the TRAVELER-WATCHMAN, Code of thelowndfSbifth'old,- tKYLE,Application fordvari- a public newspaper printed at Southold, in Suf- the following applications will ante based upon the May 6, folk County; and that the notice of which the be held for public hearings lie- 1996 Notice of Disapproval fore the SOUTI4OLD TOWN from the Building Inspector, annexed is a printed copy, has been published BOARD OF APPEALS, at the ref. Zoning Code, Article IIIA, in said Traveler-Watchman once each week for Southold Town Hall, 5309,5 Section 100-30A.3, to con- Main Road, Southold, New struct deck addition with a set- / weeks York 11971; on WEDNES- back at less than the required z; DAY, MAY 29, 1996, com- 50 ft. rear yard setback, at 815 successively, commencing on the ....1611 mencing at the times specified Park Avenue, Southold; below: County Parcel No. 1000-56-1 ' day of ...............:/."........................,19.`. 7:30 p.m. Appl. #4386 - 2.4, also referred to as Lot # 14, CINDY AND MITCHELL Lon Pond Estates Subdivi- RUGGLES. Appitcationfoy, 40;1)17 t sn It Zone. variance based upon the Mal 0' 617' i s ti it a;lot -consisting 40 40 ne. , of,, 6, 1996 Notice of Disapproval, 7.50 Appli #4383- from the Building. Inspector, HELEN Sworn to before me this....... day of DtTT . Applica- Section I0-30A.4, to locate an _(ion for a variance based upon ` reabove- round f.Zonm Co e,swimmin ArttceIll the May 7, 1996 Notice ofDis- '""'"""'""'"'"""""""°~""~`"°••••°••••••••••••°•••~19 1&1 ' with entry decking and fence approval from, theBuilding In- enclosure in an area other than spector, ref. Zoning Code Ar- ticle III, Section 100-33B(1), CQ t? NakomisRoad;Southold,NY; for approval of accessory shed Notary Public County Tax Map Parcel No. in the southwest comer of the 1000-78-3-15. The subject par- rear yard ..as exists" at less than BARBARA A. SCHNEIDER cel contains a total lot area of „ the required three ft. setback. NOMP%Y l UCLIC, State of New York sf. Location of Property: 305 Mas-, No. 4005446 13,200+,- 1 `tersRoad, Laurel, NY;County QuafFeiinSuffolk Cougty 7p.m. Appl. #4379 9(3 LISA AND NIK 437 Parcel No. I000-126-9-22;also Commission Expires 8/31/ GALJANIC. Application for referred to as Lot #6 and part ` a variance based upon,1he'• of 7, Map of Property of Dan Building Inspector's Aprii 4,t Sizes of Property 25+ #of an 1996 Notice of Disapproval J ref. Zoning Code,'Attield`j acre. The Board of Appeals will XXIV, Section 100-244B as , 7:55 p.m. Appl. No. 4381- I at said time and place hear any amended 11-28-95 to construct' LARRY AND LINDA approvaltoconstmctnewprin- and all persons or representa- newdwelling,maintainingthe RAPPAPORT. A location P w ry + Livesdesiring to heard in i the pp ci al building at a width of I"el3ove.applatioions rWritten,; existing dwelling's front ylard , fora variance b9s8d ti(ibn-the i °~iii•S41fig 1504eet which is re- setback location:'Location of) Building Inspectors April 30, strtctedbyZonid~CodeArticle' commentsmayalsobe submit Property: ,1065 Say Avenue 1996`Notice of Disapproval' X. Section 100-103C' of,the led prior to the conclusion of East Marion, NY; County Tax ' ref. Zoning Code, Article IIIA, Zoning Code, Proposed Res- the subject hearing: The above . Map Parcel No.' 1000-31-9-1. Sectio`n' 100-30A3, for ap- taurant (Principal Use) in this hearings will not start before This ' the times designated, and are parcel consists of proval of porch addition "as B-General Business Zone Dis- this arc built"with a setback at less than trice. Location of Property: in addition to other hearings. It 7:40 p.m., Appl. #d384- ' ; the required 15 ft. minimum 32240 Main Road, Cutchogue; is recommended that the file(s) VINCENT MANAGO ` side yard in this R-40 Zone County Parcel, No: 1000-103- be reviewed before the sched- Contract Vendee. (Owner:" District. Location of Property: 1- 19.3tmcludesformer#103- uleddate ofthehearing forup- Edith Purpura). Application for"I Lot 114; ,13, and part of 12 as 1-18 consisting of one-half. dates or new information. If a variance based upon the April shown on the.'Map of Point acre, and entire 26.2 acres 4s a . you have questions, please also 22, 1996 Notice of Disapproval Pleasant containing 2.00+ part of .a 55.2,acre.parcel of . do not hesitate to call 765- from the Building Inspector, acres; 1605 Pt. Pleasant Road, record in 1985). • 1809. raf4!,'~pntng'Qode,,,~pp 4`Q Iliei Mattituck, NY; County Parcel 8:10 p.m. Application of Dated: May 13, 1996. " lfib"29 id'tt No.1000-114-1-5.1. SCOTT RUSSELL. Recon BY^ORDEROF THE 3CXlIl , e'ohbi3S+ replace accessory storage shed 8:02 p.mt Appl. No. 4382- vened hearing (carryover from SOUT14OLD TOWN BOARD OF APPEALS ISLAN in a location less than 75 feet. May 1, 1996); from the bulkhead. Location of CICHANOWICZ3RD.Ap- 8:15 p.m: Application of GERARDP. Property: 8225 Nassau Point Phcation for a variance based DANI_ F~L) DUPUI4 Recon- GOEHRINGER, Chairman vehed hearin ` Road, Cutchogue, NY; County i upon the Building Inspector's g (carryover from By Linda Kowalski Parcel No.100-118-4-10; also i March 25, 1996 Notice of Dis- May 1 st). I X-5/16/96(106) o~OS~FFO(,~-cO APPEALS BOARD MEMBERS co Southold Town Hall Gerard P. Goehringer, Chairman a 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 13, 1996 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4383 Project/Applicants: Helen Dittus County Tax Map No. 1000- 126-9-22 Location of Project: 305 Masters Road, Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Accessory shed in the southwest corner of the rear yard "as exists" at less than the required three ft. setback 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 II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 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. _I J BOARD OF APPEALS TOWN OF SOUTHOI D - In the Matter or the Petition of HELEN A. DITTUS NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER 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) 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- - bribed as follows: 305 Masters Road, Laurel, NY (SCTM 4 1000-196-09-221 3. That the property which is the subject of such Petition is located in the following zoning district: Low-Density Residential R40 District 4 That bti such Petition, the undersigned will request the following relief: variance from side yard setback requirements to permit accessory structure (existing metal shed) to be located less than 3 feet (that is, approximately 1' 9") from south line. i 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- r signed are Article III Section inn-JAR(l) 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 exapine the same during regular office hours. (516) 765-1809- = 7. That before the relief sought may be granted, a public hearing must be field on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such = hearing in the Long Island Traveler-Matti tuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the a right to appear and be heard at such hearing. Dated: May 7, 1996 Helen A. Dittos, by Deborah Doty, as attorney I c?~ Petitioner Owners' Names: Helen A. Ditto., Owner's address: 10 Starlight Drive Post Office Address Norwalk, CT 06851 c/o Doty, P.O. Box 1181 (203) 840-1790 Clitchocli- _yY 11935 Tel. No. (516 ) 734-7702 i 1 (Copy of sketch or plan shooting proposal to be attached for convenience purposes.] i I 1 PROOF OF MAII ING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Regina Coughlin Peconic Bay Boulevard 126-9-23 Mattituck, NY 11952 Louis D. Coli & Wife 1080 Mace Avenue 126-9-21 Bronx, NY 10469 Daniel J. Stack, Jr. & Wife 600 Ford Building 126-9-17 Detroit, MI 48226 Albert Mastropaolo P.O. Box 324 P 393 830 8175 Peconic Ba US Postal Service 886 Mattituck, NY Receipt for Certified Maii I No Insurance Coverage Provided, John Raj Don o use for International mail See reverse J c/o Bozena Kaj rife 95 Main Street l sraa, q ~ ^ um er I Brewster, NY 1 Post Office, state, & Zip c a Warren C. Wheeler & Wife P.O. Box 501 Postage My I tg Z Mattituck, NY Certified Fee $ f 3 Z tv Thomas J. McCarthy 5650 North Ba Special Delivery Fee Southold, NY N Restricted Delivery Fee - in Return Receipt Showing to I Mark Davis P.O. Box 149' _ Mond & Date Delivered Q Ralum Receiptshowing to Whom, ( Mattituck, NS Date,& Addressee's Address 0 i TOTAL Po gs?i.4s Postma or Date r,~t Z- t O f LL V) a t - - r STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) Deborah Doty residing at Cutchoque, NY being duly sworn, deposes and says that on the day of may .19 9•(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 Cutchoque,.NY ; that said Notices were mailed to each of said persons by (certified) ( ) mail. Sworn to before me this day of may -119 96 Notary Public RICHARD NONCARROW Notary Public 2 state of Nevi York No. Qualitied.in Suffolk county Term Expires January 31, 19'7 (This side does not have to be completed on form transmitted to adjoining i property owners.) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the subject 10,890± square foot lot is located in an R-40 zone in Laurel. Applicant's husband died in December of 1992 and applicant has recently moved from Queens to Connecticut to be near her children. The 9'k x 51h foot shed is firmly footed on fire bricks with a tile-like floor which was carefully laid by applicant and her husband. Relocating the 15+ year-old shed about F northward is neither practically nor financially feasible. 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 applicant's lo[ is one of the smallest lots in Section 126 Block 9. (See attached tax map.) The neighbor to the south, Regina Coughlin, has a pool in her backyard and there is a stockade fence around the pool. The more than 4' high fence runs along the southern boundary of applicant's property and is approximately V 9" from the southeastern corner of the shed and 2' 1" from the southwestern comer. (See attached photographs.) As long as the pool is located on the Coughlin property, the fence should continue in its present location. Accordingly, potential visual encroachment resulting from having the shed less than 3' from the southerly line is minimized, if not eliminated. The premises to the west is uncleared woodland and the shed is setback more than 10" from the westerly line. To the north is another home with a free-standing garage in the rear yard. Many of the other houses in the neighborhood are substantially larger than the applicant's premises and many have garages and/or storage sheds. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because \ applicant seeks merely to obtain approval of a side yard setback of approximately 1' 9" for her metal storage shed. The residential character of the neighborhood will not be changed by permitting this small variance from the existing 3' setback requirement in the Zoning Code. STATE OF NEW YORK ) COUNTY.OF SUFFOLK ) Signature Sworn to this ..................3...................... day of.............. ~.Y................................... 19 96 Notary Public DEOW100TY nao,SWdN YO* /SD S jfv; RECEIVED y,.00 tlAY 91996 own cox now TOWN OF SOUTHOLD, NEW YORK / / QQ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 7'3"3 DATE 5............ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We) Helen A-.. Dittus ........................of I.0..Starlight..llT.i.V.e.................................. Name of Appellant Street and Number Norwalk .......CT .................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON Notice of Disapproval 5/7/96......... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Helen A. Dittq ; Name of Applicant for permit of c/o Deborah Doty, Esq., P-0-Box 1181, Cutchogue, NY 11935 Street and Number Munici ali State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) Permit for accessory structure (shed) . 1. LOCATION OF THE PROPERTY ...305„Mpst r „(2gddxl .AQ......................... Street /Ilainlet / Use District on Zoning Map District 1000 Section 126Block 9 Lot 22 Current Owner Helen A. Dittus Map No. Lot No. prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 100 Section 33B(I) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal JhMk(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 o variance and was made in Appeal No . ................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( x) A Variance to the Zoning Ordinance is requested for the reason that in 1965, applicant and her husband purchased the small summer home north of Peconic Bay Boulevard in Laurel. The main house is only 34' x 21' with a 34' x 6' screened porch. The house contained no storage space for tools, lawn mowers, etc. There was no garage or other accessory structure. Therefore, approximately 15 years ago, applicant and her husband put up a metal storage shed in the rear yard of the premises. At that time, they were. not aware that a building permit was required to install the shed or that there were side and rear yard setback requirements on their acre lot. On a slight angle, the shed is located approximately 1' 9" to 2' 1 " from the southerly line. ZB on hhT rear setback is approximately 10'(6" ffom a on ost ly st . Farm T ronM Nr). a I'O1VN OF SOUTHOLD 13UII-DING DUARTBIEN'I' 'I OWN CLERK'S OFFICL" SOU'1'1101-1), N.Y. NO IICE OI' DISAPPROVAL b-4f_ ? ~1 /-rt5 i/' PLEASE'I'AKE NOTICE that your application dated for pennit6 47f i/CC ESS0. J,.Sx . . . . . . . . at Location of Property . .i9 House Nn. ~ SUee t Hamlet County Tax Map No. 1000 Section G' Block Lot ...o1•-Z Subdivision Filed Map No. . Lot No . is returned herewith and disapproved on the rollowing grounds - 14LI. cd~ .........44 7/w 7- 1111 l .Cl.. -rAO.o . X00-33 13 t~ iry Inspector Itv .I/80 / QUEST ?C`RIAIRE FCB FILING WITH '_OUR Z.B.A. APPLICATIMI 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.) Helen A. Dittus B. Is the subject premises listea on the real estate marxet for .-sale or being shown to prospective buyers? { } No. (If Yes, { x } Yes. Pre-Existing C/O for hose; CIO for accessory struct~(shed) sale. , C. Are there axxy proposals to change or alter land ccntc•..,? ( } Yes {x} No D. 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map submitted with this application? no. 3. Is the property bulkheaaed between the wetlands area and the upland building area? no 4. If your property contains wetianas or you contacted the Office of the pond areas, have determination of jurisdiction? nown Trustees for its E. Is there a depression or sloping elevation near, the area of proposed construction at or below five feet above mean sea level? no (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."' G. 1 Do you' haverean yconstruction taken appears be part of original construction. concerning your Y e place a this time of your buildin premises. no If yes, please se sub.mit,a copy Department. If and map as approved by the e Building f none, please state. H. Do you or any co-owner also own other parcel? land close to this of deeds, no If yes, please explain where or submit copies I• Please list present use or operations parcel conducted nd this propose- use 1 r 'd nti and sea Autnorlted Signature and DateA 3/87, 10/gn1v fi .Y a . - _z tw 1 Af{ i`r S _ - 1 VITA,