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HomeMy WebLinkAbout4415 _ _ f'i~~ ~ ~6~a 6rrl~ `~i~ezG d ~ ~,G,G i~~ ~?i i~° /eC~~'~F~ ; C~~icf% APPEALS BOARD MEMBERS 4gpFF01.tearn Southold Town Hall Gerard P. Goehringer, Chairman yt 53095 Main Road Serge Doyen y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Oj ~O Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4415 ACTION OF THE BOARD OF APPEALS Sept. 19, 1996 APPLICANT: THOMAS BALL LOCATION OF PROPERTY: 1890 Arshamomaque Avenue, Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 66, BLOCK 2, LOT U. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated August 21, 1996; proposed open deck construction will have insufficient setbulkhead setback." PROVISIONS APPEALED FROM: Article XXIII, Section 100-239.4B. RELIEF REQUESTED: Open deck addition of approximately 1200 sf. extending 15 feet from the rear of existing dwelling, with a proposed setback of 45 feet between the actual bulkhead and the closest point of the deck (plus 30 sq. ft. of step area additionally if needed). Both sides of the deck are proposed to remain in line with the established setback lines of the dwelling at the west and easterly points. MOTION MADE: BY: J. Dinizio SECONDED BY: S. Doyen ACTION/RESOLUTION ADOPTED: Granted as applied and with the condition that: (1) there be no enclosure or roof; (2) the deck not extend beyond the establish lines of the dwelling at the west and east yards, as proposed. REASONS/FINDINGS: I. Due to the dimensions and unusual configuration of the property, the difficulties are directly related to the land; 2. the lot size of 21,071 sf. is substandard, and applicant has confirmed lot coverage is not over the maximum 20% allowed by code; 3. applicant confirms no other buildings or structures are proposed, and applicant does not intend to enclose or roof the deck addition. VOTE OF THE BOARD: Ayes: Doyen, Dinizio, Tortora, Goehringer. Nay: R. Villa, who feels the relief is not the minimum. This resolution was duly adopted (4-1). * * - 4FILED ~ERARD P. GOER NGF.R, C AIRMAN itiE SOUTHO°Approved for Filing J DATE HOUR Town Clerk, APPEALS BOARD MEMBERS ~4$UFrt3~~G _ ~O rr Southold Town Hall Gerard P. Goehringer, Chairman = 53095 Main Road Serge Doyen W _ P.O. Box 1179 James Dinizio, Jr. p Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lvdia 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 !Alain 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, 1.996. 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 scl. ft. and has a nonconforming setback from the new bulkhead, as exists. 7:37 p.m. Appl. No. 4411 - JONATHAN 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; Comity Tax Map Parcel #1000-17-2-1.13 (known as Lot 2 and part of 5, Stern's Subdivision Map (10)1193). 7:40 p.m. Appl. No. 4,114 - 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 41000-31-2-32.1. 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 Disapproval is that this 'and 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 0,500+- square ft_ area ide atified as 1000-'7-3-15. 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 locate 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 143 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. /MICIIAEL'S PONTIAC- CADILLAC OLDS_ Based upon the June 16, 1996 Notice of Disapproval issued by the Building Inspector, applicant is proposing to remove the existing ground sign and in lieu 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. ft. in area, and be internally, illuminated. Location of Property: 42155 Route 25 (Main Road), Peconic, NY; County Ta: Mop Parcel ID 41000-75-1-14. 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 #1000-53-3-13. 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 tinder 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 41000-115-6-1, 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, C`£M #1000-115-6-1. 8:25 p.m. Appl. No. -1397 - ALLEN W_ OVSIANIK.r'_eariug 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 765-1809. Dated: September 9, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski s Fonts No. 3 J TOWN OF SOU'ITIOLD BUILDING DEPARTMENT l TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL iq Date 19 To PLEASE TAKE ~N,O7T~CE that your application dated xl-~ I9 ~1. . for erruit to G .l at Location of Property ./tea.. atIl ........Q?~yy House No. 5treer Namler County Tax Map No. 1000 Section ~a.{o.... , Block i~ Lot~G . Subdivision Filed Map No. , Lot No. . is -returned herewith and disapproved on the following grounds . ~ si8y1..i..« 71 e, . uil 3nq Inspector RV 1/80 a -it)ARD OF ALALTH . FORM NO. ...._.'SP,TS OF PLANS 01 i E i , TOWN OF SOU HOLD SURVEY . . . . BUILDING IMPARTMENT CHECK Yp 4 TOWN MALL. SEPTIC FORM ' " 6 SOUTHOLD, N.Y. 11971 DEPTTES.: 765-1802 NOTIFY: BLDG. i,~pT. .=..TdWN OF S0lSr1~Q± i MAIL T~O7:7 . rr/.. Alr{rrcrvrxl.,...... 19 Permit No. ~a r.... . 7vd" Disapproved a/cUf. a/./.J0...!~y.7e.-......... ................../....p//n...........`.,_................ vV (Building Inspector) APPLICATION FOR BUILDING PERMIT, qq Date... ..~J "..Fro ' 19.... INSTRUCTIONS a. 'this application mist be completely filled in by typewriter or in ink and submitted to the Building Inspector wi 1 sets of plans, accurate plot plan to scale. Pee according to schedule. b. Plot plan showirng location of lot and of buildings or% prenises, relationship to adjoining prenises or public streets or areas, and giving a. detailed description of layout of property mist he drawn on the diagran which is part of this application c. The work covered by this application rrry not be cnnnenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such pernrit shall be kept on the premises available for inspection thronglxxnt the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occuporxy shall have been granted by Ure Building Inspector, APPIJCXI'ION IS llGRERY MADE: to the Building Department for the issuance of a. Building Permit pursuant to the Building Zone Ordinance of the 'fain of &-fiA old, Suffolk County, New York, and other applicable laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demil.ition, as herein described. The applicant agrees to canply with all. applicable laws, ordinances, building code, housing code, and regulations, and to adnit authorized inspectors rn prenises and in building or necessary inspectiiiiis. ` (Signature of aliplicant, or nave, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ©c iCr Nare of owner of prern ices (as on the tax roll or latest deed) - If applicant is a corporation, signature of duly :nrtlorized officer. .........................................y......... (Nave and title of cor-pnrare officer) rrf' deS G r h•t•~,I Builders License Nn. . ~ C-25" Plunbers License No. Electricians License No. Other Trade's License R). f(~r~e +o e 4 I. location of land on wlnitlr pmlxuseol rxnlc will be clone........... fa '/I ...N . Horse RM)er Street limlet Ccxnnty Tax Map No- 1000 Section .....r~-•r~------ . Block .....U :2....,,. lot - t. c*......... Subdivision /-?-c' K f ~/4N /'f/aTfs/• ~~i'72. filed Map Rn I,oC . (Lkire) 2. State existing use and occupancy of premises and intemled use and o•cupancy of proposed construction: a. Fxis[Ang use and occupancy .....tT! h j.~t- <`.=e ~~~~T..~C CJ'............ b. Intended use and oitcupanncy I Kctill e of exxk (dceck %A'ich a14t1 icah l e): Iva Ikcildint; tLklitioll Alter lion Velxcir ItenovaI Doml iIion Other unk 1. Y.?~ .c.C._........ ? (l~sc:r i pt ion) 4- Est. iueu eJ Qlst. .F. , . fee (to be dtaid ou filing this application) 'i. If (Ioe -]I ing, axdrer of chilling units U utter of chaelliug .mill's at each floor If garage, lemix'r of cars ........r G. If lxcsioess, comiercial or mixed ocrutkutry, specify nature acxl exLent of each Lype of use- 7. Dinensiacs of exist: ing strrx:Lures, if any: Frank:..... q U...... I(ear Depth lki)at ........2. S Mulxr of Stories ~-2-........... DiaieiSio,ks of sire structure with alleralicxts or exklitions: FrooC Rear Ik!ptlc t..!r...... IleillcL t4xdxer of Stone ti. Ilhiensi(xts of entire new ccnsLroctioo: Front Rear F)epth Ileil)at l4ralrer of Stories /.f7' 6 v r ~e GG{ Ucn Ce0 9_ Size of lot:: FirnL :C......_._„ Rear depth ...2.w 10. Irate of litrdsise _.......f,<. .67..... Rase of Former Qmea _.......G.rat"~ II_ ?sxte or use district in cdticl) pranises are siLuatecl 12. lioes prolxosenl ecwsl.roCLiOu violaLe any zoning l.xa, ordinance or regulation: 13. Will lot: he regrakkd Will excess fill. he r&p"qj ,/w/pYw' es: YLES NO 7CJ" h'JfY I4. f4:ate.s of Owner of pr©nises ..d /JV.. .k/ ress ~f. S.u /~rl ~0'^"••--~.'~.'.'i t¢~ Krone 1,k). Nate of Architect: Address Fi xnr No. W.ne of Qntractor 04 ~r'•-~ v vc ?r( s1'Y"6. rr~~.....1'(tone ttt.?6 r!.TG° ni U 1'S. Is this prOpCrfy within 300 feet of a I: idal t+etlaM? * YES x N(7 *IF YI?S, smilllIII lam 'Ildlslmq wim.I' my ISG flapiBED. PLOT DIAGRAM fncafe clearly acxl distinctly all lxtildings, uilteiller existing or proposed, mil hAicate all set-beck dimensions fr'cxn property lines. Give. street'anl bioek rimier or description according to deed, and staaa street noires mitt inlicaLe clcether interior or corner lot. S CC f vrrc~/ a SI'MP M "'M YOM, SS (1lINIY (M' !!>s6~~.. . .1-.6, . . . . . 1. -f~ ~ Itl. a lx:iog duly e.a)ru, delxtses acxl say r that he is the applicant 6 . }1^x?. . . (N:nr, of imlividual. signing r_outract) I llwVe. lnnetd, Ik is the.:......... l, ,.((:Altractor, ngeut, corlnraCe officer, etc.) of said miner or ("x,.rs, aixl is duly au 1)067 cl to Iterfonn or have Ix_rfornhed t3te said e )rk mxl to mike aaxl file this i1pplicaGou;. that: all. slaLerents contaitxni in this Opplication are tnhe to lire liens of his khxmleclge ahxl bolief; aotl that. the wilt will lie Iherfonsell in the acnmer set forth in the application filed tlcerewidi, f4Amll to//lmfure 1w this .......f.. .~r~... ofp 199.-,D... Kit ary ILhl. is (Signature f Appl icanl.) ktkLENc Q, FiCiRNE Notary Public, State of New York No.4951964 Qualifiecl in Suffolk Countyy Commission Fxpiras RAay 22, 19 22 AUG 2 71996J qek ON TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. f/ DATE .......~.>~1.... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.' Thomas J.Ball of ...J 890„Arshamomagug,_,~Qnu!~ . 1, (We) Name of Appellant Street and Number outhold aZ................. HERE13Y APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR"CPERMIT NO. ......1. DAR. DATED :-L. ..-eJ..Sc..................... WHEREBY THE BUILDING INSPECTOR DENIED TO Thomas J. Ball Y~..._......_........... Name of Applicant for permit of 1890 Arshamoma0 A, ..............u...e ..YQ.......S.QIa thaLsl lyX................ . Street and Number Municipality State ( ) PERMIT TO' USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .......:}890,Arshamomac~ue Southold Street /Hamlet / Use District on Zoning Map.... District 1000^Section- 66 Block 02Lot 466 Current Owner Thomas & Barbara Ball Map No. 1472 ^ - Lot No. 7' Prior Owner Grace Lewi s 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 ~4~1111 Section_ 160- ~g,4C 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 r Art. 16 Sec. 280A Subsection 3 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 I ) request for o variance and was mode in Appeal No _...Dated ............................r........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( llo A Variance to the Zoning Ordinance is requested for the reason that the proposed deck is within 75 feet of the. bulkhead. 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 of the unique shape of the lot it was difficult to build on. The house was reduced in size and set back as far as possible. The south side of the house was designed for the four sliding glass,doors to open onto a deck. 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 of its shape (see survey) and the required setbacks. The rear.of the house is 30 inches-off the ground and a deck is the best way to tie in the rear entrances.. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because residences adjacent to our property have similar size decks and setbacks. our neighbors have decks and pools closer to the bay than our proposed deck. STATE OF NEW YORK ) ) ss ..........................r%................................. COUNTY OF y ) Signature . Sworn to this day of................... 19 Notary Public HELEINE C. HOR NE Notary Public, State of N mvYork No. 495°l3S4 Oualiifled in Suffolk Coun Commission Expires Ulay 2Z 1%L5. i o CC 00 E- F 0- c p- a w N 3 I m ' z D n - r~ o , o lI 1= I 1 r I~ l~ j O z i° 1 z o O,n m A i.Z I f z w V s wI m 1 1 1 j ~U _ 08 46 A n ! I m D 3: 0 I I I ! II I ~ ~ ~ ~ mI I L. I I r-tr cd I Y ' ; ~V i Z I I i I~ 14- m I n A m D: _ ° z W m l 1 I I ' i I I ~ I I ~ I ~ I, I\ I! I! I I I i I I I I ! I ~ " 0 C) o m ~x X - g c or- c ~I ,o a X11 e n r i ar l ti 1IN 1 I ~ III ~ 3~ ~rviVV1 - 4,i a tP =J y~ I I~ 5 ~ '.U t V~ ~ 5 II 3 ~ r~: g ^7`, cr p -o -i m w 0 o x o c ~ o -0 7) i ~ I ~ ~ I I 1 I % I ~ ~ i\F ~ I f II ~I I I I~ I~ . I_N~ I I~ al III ~ 7 70 li > 2 m I x ' ~y I~ ° o ~ I j' ~ I i I I i~• I I I I ~ ~ cc ~ r. I I ~ ! I I , I I i Imo' I I ~ I 1 ~ ~ I i I I I i I I I I I ' I I ! " _ I HIPPODROME DR. LOT 3 0 (DWELLI NI6) D_ I N .60° 20'40"E _ P 16.3 1 41.83' I 15.6 ( DWELLING ) ( PUBLIC WATER) I ° 14.8 15' WIDE A6PH. PAS, f SURVEY OF p EASEMENL_ D O/'NCWOY N DTI LOT 1 N N MAP OF BEIXEDON ESTATES I D BLOCK 7 Go- LOT 4 FILED MAR.' 16 , 1946 FILE NO. 1472 m AT ARSHAMOMAQUE TH TOWN OF SOUTHOLD LOT 5 40 SUFFOLK COUNTY , N.Y. 1. pp (DWELLING) N I 1000 - 66 - 02 - 46 SCALE 3O° w MAR. 3, 1987 W sr 13.0 ( DWELLING} FEB. 5,. 1988(FtNAL) 13.2 - SEPT. 26,1989 (BULKHEAD) U)q I I j 'i`ce. \ p CO, CERTIFIED TO 5.0 l%'~}~a~,`\ AMERICAN TITLE INSURANCE CO. zLr I M ^ LONG ISLAND MORTGAGE' CORP. v1 z5.s \~cR THOMAS BALL BARBARA BALL S'ORtf. _.P.le. ' HOUSE 8. ~ L - ;t .6.6• GARAGE 9-° LLO C R 0 22.x'. S' 14_8, ri - ? uf9 0 0 i ~ EST HOLE G T o O) ~ i. ° I 'n Brown M 0 i r13.6 ! 1 jOdln a y l a 10~ I 9 49 Gfeyf ch q1 . 1 i z N I gown 4 O 9-B lOQrn 4 '0- 7'w t 0.! 3.4 FEC f 1 0) PGZIe FEN CE FE E F'ENf LBW.t / O,t I o brom? WOOD BULKHEADI N GOdr SQ/7C/ TIE LINE ALONG H. W. M. I i 12.4 3- 99.83' H.W.M.9/26/BS S 59° 04' 51' W, M.W.M. U/o!e ~ p trle brows ae S2n[Y 7.0 co TOWN HARBOR SHORELINE AS P" FILED MAP f F^~' AREA 217 071 SQ. FT" , LA Nz to tre line tf adAPgJ 0 1 .Y. S. LIC. NO. 49668 4 N.Y. ZONE `C Cap= ORS & ENGINEERS, P.C. 5 'Isq 020 ELEVATIONS ARE REFERENCED REViS~os./ 7-$-8% r P.0. BO.-909 TO U.S. G. S. Found./oc- 6-f9-g7 MAIN ROAD x zevis oa 3/z/s SOUTHOLD, N. Y. 11971 ice. COUNTY OF SUFFOLK r ROBERT J. GAFFNEY it STEPHEN M. JONES, A. I. C,P. DEPARTMENT OF PLANNING II DIRECTOR OF PLANNING OCT 2 5 X996 I-Jctober 21, 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. A1212]icant(s) Municipal File Nu_mbe (s) Jimbo Realty Corp., Gray (Timothy & James) 4389 V Jimbo Realty Corp., Gray (Timothy & James) 4389 SE Adams, Barbara 4406 Holley, Robert 4412 exler, Donna Inglesias 4414 all, Thomas 4415 Raymond Realty Corp. & Michael's Pontiac-Cadillac, Olds. 4418 Hands, William A. Jr. 4419 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc CtlWP W IN601WPDOCSIZONINGIWORKINGILOS\OCTOBER\SH4W9V.OCT a ">LPDAU'_,. N~ SLAND VV 17384)009 1 '5161353-3190 a '~C ~'Fl 853-044 0 i APPEALS BOARD MEMBERS gpFF01.fea p Southold Town Hal] Gerard P. Goehringer, Chairman o y` 53095 Main Road Serge Doyen C4 Z 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 P=scant to ?s'`ce XIV of tine Su==oik Courrcv p n; ;s`~ative C--de, The Hoard of ?=Ge=ls or the Town o Southold, New YcL'C, he-re by refers the follOWLri to tie Suf=olk Cormty Plaruing C^anissicn: XX Variance from the Zoning Code, Article XXIII Section 100-239.46 Variance from Determination of Southold Town Building inspector Special Exception, Article Section Special Permit Appeal No: 4415 Applicant: Thomas Ball Location of Affected Land: 1890 Arshamomaque Ave., Southold NY County Tax ;Mao item No. 1000-66-2-46 djthin 500 feet of: Town or 'tillage Boundary Line XX Body of Slater (Bay, Sound or Estuary) State or County Road, Parkway, 'Highway, Thruway Boundary of E istjng or Proposed County, State or Federally Cwned Land Boundary of Existjno or Proposed County, Stata or Federal ?ark or other 2ecreation Area Existing or Proposed Rioht-of-'day o7 any Stream or Orainage Channel Cwned by the County or for which the County has established Charnel Lines, or Within One Mile of a luclear_Power Plant Within One Mile of an Airport Comments: Applicant is r0o!ue5--ing per~jja;On 'o locate deck addition within 75' of bulkhead c"' 9Ur '°_'I'_'N October 3, 1996 0 0 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 Southold, New York 11971 Robert A. Villa y~lj~ a0~ Fax (516) 765-1823 Lydia A. Tortora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 25, 1996 Mr. and Mrs. Thomas Ball P.O. Box 1708 1890 Arshamomaque Avenue Southold, NY 11971 Re: Appl. No. 4415 - Variance for Open Deck Addition Dear Mr. and Mrs. Ball: Please find enclosed a copy of the Board's determination rendered at our September 19, 1996 Regular Meeting. At the present time, the variance file is under review by the Suffolk County Planning Commission in accordance with the requirements of the Suffolk County Administrative Code for projects located within 500 feet of a waterway, or state or county property. It is expected that the County will leave this project for local (ZBA) determination, without further steps. A copy of the enclosed determination was also transmitted to the Building Department as an update and for a follow-up regarding the permit application. You may need to contact their office directly to determine what else may need to be submitted by you to obtain the permits. The Building Department may be reached at 765-1802. Very truly yours, Linda Kowalski Enclosure - Copy of Decision Copy also distributed to: Building Department Suffolk County Planning Commission APPEALS BOARD MEMBERS ~gUFFO(,~c 0y 0& Southold Town Hall ~ Gerard P. Goehringer, Chairman 53095 Main Road C2° Serge Doyen dJ Z P.O. Box 1179 James Dinizio, Jr. O ye Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4415 ACTION OF THE BOARD OF APPEALS Sept. 19, 1996 APPLICANT: THOMAS BALL LOCATION OF PROPERTY: 1890 Arshamomaque Avenue, Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 66, BLOCK 2, LOT 46. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated August 21, 1996; proposed open deck construction will have insufficient setbulkhead setback." PROVISIONS APPEALED FROM: Article XXIII, Section 100-239.4B. RELIEF REQUESTED: Open deck addition of approximately 1200 sf. extending 15 feet from the rear of existing dwelling, with a proposed setback of 45 feet between the actual bulkhead and the closest point of the deck (plus 30 sq. ft. of step area additionally if needed). Both sides of the deck are proposed to remain in line with the established setback lines of the dwelling at the west and easterly points. MOTION MADE BY: J. Dinizio SECONDED BY: S. Doyen ACTION/RESOLUTION ADOPTED: Granted as applied and with the condition that: (1) there be no enclosure or roof; (2) the deck not extend beyond the establish lines of the dwelling at the west and east yards, as proposed. REASONS/ FINDINGS: 1. Due to the dimensions and unusual configuration of the property, the difficulties are directly related to the land; 2. the lot size of 21,071 sf. is substandard, and applicant has confirmed lot coverage is not over the maximum 20% allowed by code; 3. applicant confirms no other buildings or structures are proposed, and applicant does not intend to enclose or roof the deck addition. VOTE OF THE BOARD: Ayes: Doyen, Dinizio, Tortora, Goehringer. Nay: R. Villa, who feels the relief is not the minimum. This resolution was duly adopted (4-1). s s t ZBA:Ik GERARD P. GOSH NGER, AIRMAN Approved for Filing iuF FOaK Co. NA43TROr1 II?~,~~~\ r/APe23 1••~30oo' wATnd 5 ~S $'0 vh; MLlJ v Lows PuIR PdSE: ^ 7 Founders Axnowo,4 nrrp, Landing Coil TRoG r D / A I D I (3At-L p /raEaOnq~J 1~-IOA 1 D D roSSfar C ~-lousQ ~ eZ STORY HO.iscr ~ VN Car It a STORY Cow!'rRtK Tie IL H o u3~ " OicPC I J l 0 'gam °``K POOL ( A PROP, / FRET. CYO: %'f• ~ } Wfi~~ szi EO ~fj`oo~f pRO Fo p., l3AY III-RAF r 4 /o a ? y PRoFbSEO RETA/,1/,/C? 4 Lj 0 0 (i o of J fJq L C S FOIL r 0 t HARRIET P-A040HA,41 l3Ruvo 1,LtOA551 ~ TNO/!AS $/1GL o~I 'o I ek ~k NO. 2 SouTNo{,O OAY A T Q ,~h v Sv~r NocLZ SlJF~OLK r W w N. F.Ki5-r, G HouSE gr ~u N4 A 2oLL J9 , r n Tac, To ItOQDE = Y O Cf) ZZ7 ' ,DOt 0y„E ~1 CALQIEL BEAM - q 1C - g, t a penrt ! j Tom ~K~~~ - > 5/y x6 27! i x12 ~xiv PwoC ~ov%7 286.. a TOM 8 sr~as j (ox (o MA `PO; a I G 6 ccA'P0.sTs -7 'too 'g ~STE'PS 2/q 18 CoNCRETt I r1 t EtZ 'ToM -~A~6R~A BALL - - 'B E_1 X E`DpN E5TA TE i i COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- j LLER 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 z3e uu cessively, comm icing on the 4~........ d' yyo`p1 .19..~L i'..~.J..~....s~./. Sworn to beforeore m°1......... day of ,19.6 .~1 re..............t~ Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806B46 Qualified in Suffolk sion Expires Cou commis 3 //98 BOARD OF APPEALS TOWN OFSOUTHOLD Parcel lD#1000-107-4-3. 100-239.4B, 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, Stem's Subdivision 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 11, of the Town of Southold, the WEXLER Based upon an 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. as created held for public hearings before proval issued by the Building parcel containing atotal lot area by deeds subdivision and 1983 the SOUTHOLD TOWN Inspector, applicant is requesting of 25,000+- sq. ft. The basis of d4Wd. 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 IIIA, Section lot was approved by subdivision 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 #1000-26-2-21. TEMBER 19, 19%, comment- insufficient lot width to the new July 1, 1983 and April 14, 1985, 8:20 p.m. Appl. No. 4420- ing at the times specified below: division line and insufficient side this lot, identified as 1000-107- 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 ership with an adjoining lot, tice of Disapproval issued by the JIMBO REALTY. Hearing to contain a minimum of 40,000 identifiedas 1000-107-1-5.1. Building Inspector August 28, carryover. sq. ft. as required in this R-40 Street Address: 3755 Grand 1996, applicant is requesting a 7:20 p.m. Appl. No. 4407- Residential Zone district. Loca- Avenue, Mattituck, 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 ofDis- 2, after July 1, 1983. This prop- an August 21, 1996 Notice of approval issued by the Building Building Inspector, applicant is erty is located at the comer of Disapproval issued by the Build- proposing to remove the exist- the Main Road (#18400) and ing Inspector, applicant is re- Inspector, applicant is requesting ing ground sign and in lieu Cardinal Drive, Mattituck Es- questing a variance under Article a waiver under Article 11. Sec- thereof, is requesting a variance tates Filed Map, Lot #5, at XXIII, Section 100-239.413 to tion 100-26 for a single parcel under Article XX. Sections 100- Mattituck, Town of Southold, locate a deck addition within 75 with a combined lot area of 205D(7) and 100-206-B for the CTM #1000-115-6-1. feet of bulkhead, at 1890 (w/s) 31,250+- sf. The basis of the placement of a new ground sign 825 p.m. Appl. No. 4397- Arshamomaque Avenue, Disapproval is that this land area, which will exceed 24 sq. ft. in ALLEN W. OVSIANIK. Southold, NY ~ identified as 1000-77-3-5.6 & 7, area, and be internally illumi- Hearing carryover. 6 County Parcel ID No. 1000-666-2-46, also referred was created by deeds prior to na[ed. Location of Property: The Board of Appeals will to as Lot 4 on the "Map of 1983, however, some time after 42155 Route 25 (Main Road), at said time and place hear any Beixedon Estates," Block 7, filed 1983 this land has been, and is, Peconic, NY; County Tax Map and all persons or representatives 1946 with the Suffolk County to common ownership with an Parcel lD#1000-75-1-14. desiring to be heard in the above adjoining 40,500+- square ft. 8:10 p.m. Appl. No. 4412- applications. Written comments Clerk. This parcel contains a area identified as 1000-77-3-15. ROBERT HOLLEY. Based nonconforming lot area Subject Pro may also be submitted prior to 21,071 sq. ft. and has a noncon- Location of SubJ Pem'' upon a July 24, 1996 Notice of the conclusion of the subject forming setback from the new East side of Pine Avenue and Disapproval issued by the Build- hearing. The above hearings will bulkhead, as exists. westerly side of private right-of- ing Inspector, applicant is re- not start before the times desig- 7:37 p.m. Appl. No. 4411- way at Goose Bay Estates, questing a variance under Article nated, and some may be JONATHAN and MARGA- Southold, NY; Zone District: R- IIIA, Section 100-30A.3 (100- carryover hearings. The file(s) RET STERN. Based upon a 40 Residential. 244B) tolocateproposed addi- may be reviewed before 3:45 7:50 p.m. Appl. No. 4416- tion with a front yard setback at m. The scheduled date of the provalJune 1, 9, appl1996 icant is Notice requesting Disap- a NANCY E. BUTKUS. Based less than the required 40 feet, at p' hearing for updates or new in- variance under Article III, Sec- upon an August 28, 1996 Notice 1085 Bay Shore Road, Peconic formation. If you have questions, of Disapproval issued by the Bay Estates, Greenport, NY: lease also do not hesitate to call an - torn 100-33 to locate a Building Inspector, applicant is County Parcel ID #1000-53-3- p sory swimming pool with f fence ence 765-1809. September enclosure, all located in the front to a variance under Ar- 13. Dated: 9, 1996 yard area on this corner r lot. Set- titlle e 11 II, , Section 100-33 to locate te 8:15 p.m. Appl. No. 4419 BY ORDER OF THE an accessory swimming pool WILLIAM A. HANDS, JR. SOUTHOLD TOWN backs d area are on established ished in a a front with fence enclosure in an area Based upon a Notice of Disap- BOARD OF APPEALS yard on the Board of Ap- other than the required rear yard proval issued by the Building GERARD P. cars only by oarance. at 3855 Mill Lane near Wolf Pit Inspector dated August 29, 1996, GOEHRINGER,Chai,rman of Property: Situate Lake, Mattituck, NY; County applicant is requesting: (a) un- By Linda Kowalski Location Loc Birds Eye road a Situate der Article XXIV, Section 100- IX-9/12/96(89) along ye private 244B, and Article XXIII, Section 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 # 10000- Q romo 1 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: T a KA5 7 B PrLL DATE OF PUBLIC HEARING: •.30 ups. Sep+* 19,1911 ~ pme 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 9 TOWN OF SOUTHOLD • (516) 765-1809 Awl) P 17P Or 0 9 APPEALS BOARD MEMBERS ~o~OgOFFO(,~~oo Southold Town Hall Gerard P. Goehringer, Chairman y/2 53095 Main Road Serge Doyen y x P.O. Box 1179 James Dinizio, Jr. O .fie 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 19, 1996 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4415 Project/ Applicants: Thomas Ball County Tax Map No. 1000- 66-2-46 Location of Project: 1890 Arshamomaque Ave., Southold, NY Relief Requested/jurisdiction Before This Board in this Project: Locate a deck addition within 75' of bulkhead 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, 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. 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. • ~~gpFFO(,~c O OG JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK y Z P.O. Box 1179 .r • REGISTRAR OF VITAL STATISTICS G Southold, New York 11971 Fax(516)765-1823 MARRIAGE OFFICER 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. 4415 DATE: AUGUST 27, 1996 Transmitted is an application for a variance submitted by THOMAS J. BALI-together 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 l]gnl(U U[_AI'I'CALS,iOWN Of SOUL ll~l_D__ In the Matter or the Pelition A NOI ICt`. -ro to the lloat_d of_Apjj als.~lf 11(c iowg~lf S~ullfuld_: ADJACENT PROpER'rY OWN@:il Tv: 111r- rah V L YOU ARE HEREBY GIVEhI HOI ICE: I, X"rn c Inlenlinn or 1Ile undersigned 111 Pelilion the Huard it( Appeals of the 1 nwrr of Soulhnid -gll to request a (Vali.toce (Special Exception) (Special herlnif) (()Lite)-) (ci.rc to rltoiee i 40-7 f..i W r . ~ ..i • %G '7 T v~ 2 . I h a t the property which i s the subject of the. P e t i t l u n i s local/ed ad acent o your proprrlY,and is drs - f ti x e,~N gibed as follows: ____~8 S~v / " 1W 3. that the property wh1ch Is tile, 711flect ul such Petitrun is localed in the fullowrny roninp disuict' 111.11 11) such I'cli/lfon the tindersigned will request the lollownlg relief: _ fi0 Cd- ! N t i c(re k --pm- / rrTL J 4,f-P - - S. 111.11 the Inovislons of the Southold Town 7.oning ode applicable to lire relief sought by the under- ~~y~ SecCion____- .J-~f_-~~ signed are Arl:icle 2 6. -11111 a wrirlen 1'etiflon requcsting the relief speci,led..huve will be filed fn file Southend town Clerk's Ollice at Main Road Southold, New Yolk and you filly theo and there examine the same during regular office holes. (516) 71i5--].EIU9. 1. Mal befofe the Feller sought play be granlyd, a p11111ic hellfnp, 11111st he held on life matter by file, e (late Ruud of Appeals; That a notice or such i t111g11slaittl ItavelerlfNimth 1ckaWatchman, f ewspapefls pliblislledlinllhe hearing in the lawn of Somh old anu sleslgoaled for the I I.011allon of such nollces; t tat you or your representative have the right to appearJaml Ile hears) at such hem Mg. Dalell: Petitioner Owners t Names:---L~~^~_<_f_ /3Q_/ Post Office Address AG, fd d/r~ 7-/ ! / 4 7 fe1. IF S ~G) 761 5Jf'~f [Copy of sketch or plan showing proposal to be aL1.acIf e(I for cIF if veif leit cll ptn - poses. • Pjtj;~~[ c)Lnlnjj,lNr OF Nf~T1c_g ATTACII CERTIrIED FIAII. RECEIPTS P 538 456 479 US Postal Servic Receipt for Certified Mail No Insurance Covers a Provided, Do not use (WI M IMaiti a , 46 / fr Sent to Streat & I m v/ if /1v Post Offi State Z e ? r /97 Postage $ 3 Z Certified Fee / . ( a SpecW Delivery Fee Rests slivery Qe~ '1 Re Receipt Showing to Date Deli d < e, ecso C3 Poa~+ eas 1 y Go P ae ~OS LL y o_ SIAIt: 01-- NI'.W Y0f[i< COM1IY OI- SUFFOLK _~a cP (4~/ _ J feSidlog At _ /E4d ___.~rtr -7e( being duly sworn, deposes and says that on life 2 7 day of 19 depooenl mailed a true copy of the Nollce set forth on the re- vcroe side hereof, directed to each of the above-named persons 41 file addresses set opposite their respective names; that lite Addresses Set opposite late tlaoles of Salll persons ate Fite Addresses of Sail) persolls as Shown oil the nnrenl asscssnlel roll of the Town of Southold; that said Notices were mailed al lilt Unlled Sfates Post Of- fice al fa~7X~/~ 811,11 said Nolices were mailed to cacb of said persons by - (ccllified) (rcSlslelcdj owil. / Swom to bc(ofe me this 5 day of ~~1~~9,,,_~~.__~~---- Nofafy Public HELENE D. HORNE Notary Public, State of New York No.4951864. Qualified in Suffolk County C~:•a~mi^sion c„_ ises ..lay 22, 19 r (IIt is side does noL have to be completed on form Lransill ILtell to adjoining properly ovrneI'S.) . • r/.271~ ~P~1,ftD TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Thomas J.Ball ...........................of ...).#.9Q..AFB.ha41RP!a .L4.lif;...A.Y.enlle................ Nome of Appellant Street and Number Southolc] N.Y................. HEREBY APPEAL TO . Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FORCERMIT NO AL.Alt DATED .-./.3..-. WHEREBY THE BUILDING INSPECTOR DENIED TO Thomas..a?.:...13a I.1..........._ Name of Applicant for permit of 1890 Ar ha)nQm, , ......................Aqu~...Axs ,.....S.au Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ........1890 Arshamomaque Axe; r...Southold . . Street /Hamlet / Use District on Zoning M....ap. District 1000 Section 66 Block 02Lot 46 Current Owner Thomas & Barbara Ball Mop No. 1472 .Lot No. 7 Prior Owner Grare T.ewis 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 ~4>1111 Section loo - a 3`j,~F l3 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 f Art. 16 Sec. 280A Subsection 3 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 o variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (P A Variance to the Zoning Ordinance is requested for the reason that the proposed deck is within 75 feet of the. bulkhead. Form ZHt (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because of the unique shape of the lot it was difficult to build on. The house was reduced in size and set back as far as possible. The south side of the house was designed for the four sliding glass,doors to open onto a deck. 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 of its shape (see survey) and the required setbacks. The rear,of the house is 30 inches off the ground and a deck is the best way to tie in the rear entrances.. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because residences adjacent to our property have sitnilar, size decks and setbacks. Our neighbors have decks and pools closer to the bay than our proposed deck. STATE OF NEW YORK ) ) ss OF ) ......w......:................................. h ~ COUNTY Sworn to this .......2........................... day of.....:C.P..r(...................... 19 Notary Public HELENE D. HORNE Notary Public, State of New York No.4951364 Qualified in Suffolk Counttyy Commission Expires May 22, 19 l1OnItU U[ AI'hCALS TOWN Uf SOUTI_IUI,U In tile hlailer or the Petition A X111., lo_thc Uuald uf.nlgpeals.~tl lhc_lowh ~Tf_S~utllnlJ ADJACEM'r 1) PROPEnTY OWNEII 1(1: %.CVA,rOP ~/~rQr7 Ca7C'rx YOO AIt E IIEItI- IIY GIVEN 1101ICE: I. -I h. c Intention of the undersigned In pedlion the Iluvd of Appeals of the I awn of Southold to request 2 (Special (Special Exception) (5pecbI Perm") (Other-) lei re I e eholee l Fir n.... O/ af. 7(•'. -7r, voc 2. Mat the property NOW is the sub(eci of the I'eutlon rs located at scent o your properlKarrd is drs rnhedasfull aws:._.__../__b9r! 7 7/ - - - - that the propperty wlr dr Is Ole s lhkct of such Pelhiun is loe sled in the fallowing rrnrinp dkf Fir 1: I 111 ,111 hl such 1'cliliun, the undersigned will request life INInwinglellef: 5. That the prov?isIMIS of the SMIOMId Town Toning (:.ode applicable la lire tcllef sought by the nnrler- signed are AWNe Secl_..ion ,Zjq----- G. 1 hat a written Petition requesting the relief specified ..hove will he tiled In the Southold Town (aerk•s Office at Main ftoa/f. o1 thold. Mew York and you ma)' then and there examine The same during regular office hours. IS I ti I . U09. 2. Ihal before the relief sought may be gtantrd, a public healing; must he held on life mallet by the llo.ud of Appeals; Ilral a notice of such ; ongnt I laveler puldished at p olihitedrinrthe hcaring In the Long Island low" of Southold and designated for the publication of such natices; t rat you or your repr esentallve have the light to appear and be heard at such hemi"g. AMR= (Iwners'Mames:_ I_/. nQ! T_I3 Post Office Address tel. Mn. (i /G) 76f YJS'y [Copy of skel:ch or plan showing proposal to he attached for convenlunce purposes.] I itS2c?F_S~C_~t8!! !h~ t_4QfjCE ATTACII CERTTHED MAII. -RECEIPTS NAhll: _------------n!IultE5s P 538 456 478 us Postal Serv(Ce Receipt for Certified Mail No Insurance Coverage Provided. Do not use for international Mail See reverse sent tom/µrC~, Street & Num r' . /~l• G f L/ , v Post op, State, & ZIP Code Postage $ . 3 Z Certified Fee Special Delivery Fee Rest m to 'pt Showin / O & Data Deg" [ to a _ TA Fees C-1 . S ~iaeK or Data G o LL N n SIA11i0FNI?14 YORK I ss.; C01,11,!1Y OF SUFFOLK -w / /,74 residing at f CA rr 4 c t ?f _ F~A4;• K/ _ being duly sworn, deposes and says iliac on the 2 '1 day of '19 deponent IIIAlled a true copy of the Notice set forth nn the re- vctse side herenf,~llrecled to each of the above-named persons At file addresses set opposite their respective names; that the addresses set npposlte the names of said persons are the addfesses of said persons as shown on the ciolcm assess1le1 of o the Town of Southold; that said Notices were mailed At file lidded Slates Poet Of- lice it JJ O/ 1T • dial said Notices were mailed to each of said persons by ~ ~ ~ !ccnilicd) (registered) mall. Sworn to before me this 7 day of 19 Notary Public D. HORNE ;c, stile of New York 51,364 i Suffolk County s.,,,ves May 22, 19 r (Ibis side does not have Lo be completed on farm ill'ansiltitl:ed 10 adjoining property owners.) BOARD OF APPEALS. TOWN OF SOU MOLD In the Matter or the Petition :,f r7 NOTICE to the Board of Avveals of the Town of Southold ADJACEN'r nl: ~s7 ~~ro/>t2Z i' PROPERTY OWNLlt d- //,.f {C 2 y ~J'`vrrt t? je YOU ARE IIEREBY GIVEN NOI ICE: 1. Thu c Intention of the undersigned it) petition the hoard of Appeals Of the I own of Suulhnl(I to request a (Variance (Special Exception) (Special Permiti jotiler) (circle choice) 2. that the properly which is tite subject of the Peton is located ad aceno your proIler1),aFill is des- ctibedasfollows: _ J.pu C1'xrK00"01 3. Tha1 the property wh1ich is the s rblect of such Petition is located in the following zoning district: /s er: r(c n r ~c j -1 111.11 Ill 511(11 Petition, (lie undersigned will teg11est the (allowing relief: _ 'r0 CryA rT,-dr- -I e6-, 5. Thal the proWV-/Z- visions of the Southold Mown Zoning Code applicable to the relief sought by the under- signed are Article Sectfon- / rrtl . - 1 1 q yQ 6. That a wrillen Petition requesting file relief speci,ied above will be filed io the Southold Town Clerk's Office at Matti Road Southold, New York and you may then and there examine the same during regular office horns. (516) 745-1.009. 7. that before the relief sought may be granted, a public heating must be held on the matter Ity the Board of Appeals; that a notice of such hearing most be published al least live days prior to the date of such fnearing in the Long island Iiaveler-Mat lit tick Walchman, oewspapers published in the gown of Southold and designated for the publicatlott of such notices; mat you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners 'Nanfes: 74 4r T_43a.!!_-- Post Office Address tl~ d~U r`/~ //Q7/ Tel. No. (S~/G) 7 ~J73'ef [Copy of sketch or plan showing proposal to lie attached for convenience purposes.] ,i FAQ-01!-L) F NIAILIN(i nF NOTICE AyrACll CERTIFIED MAIL RECEIPTS NA ADDBES5 P 538 456 480 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemational Mail See reverse Sent to ref-/Y/r 2 P Street & Number Post 2 Is. zip Code wI - . C;7 Postage s Certified Fee r • ((O Aped al Delivery Fee R h m etum Recel Pt B Date Da4 d'' to MAlb or Date LE U) a S I ATE OF NEW YOR K ss.: COUNTY OF SUFFOLK Cf J /Y'V residing at t /Yr being daily sworn, deposes and says that on the 2 '9 day nF - -71 -9 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of tire 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 Joll of Jim Town of Southold; that said Notices were mailed at the United States Post Of. lice at r ..QT r~/i( that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn 111 before Inc this X7 Clay of 19dX Notary Public HELENE D. HORNE Notary Public, Stateof New York No.4951364 Qualified in Suffolk Coun 'a imi5_ ion Expires May 22, 1ty !#7 I' (Ibis side does not have to be completed on form transmitted to adjoining property owners.) New York State Department of Environmental Conservation Building 40-SUNY, Stony Brook, New York 11794 /w, l-~ <',I7C 7 y7 6~ 1) ATE : ,r-l;,, 0 show /FW Re: It?nIJ ~SVrrsd'rJJD'i So,~ ? - Thomas C. Jorlinij Commissioner Dear Mr. ~rd/ f A review/ has been made of your proposal to: CpnSI~r UC~ C~f f (C/r./i~ an t-) s b y Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that the parcel project is: Greater than 300' from inventoried tidal. wetlands. Landward of a substantial man-made structure greater than l00' in length which was constructed prior Lo 9/70/77. Landward of the 10' above mean sea level elevation contour on a gradual., natural. slope. Landward of the topographic crest of a bluff, cliff or dune which is greater Lhan 10' in elevation above mean sea level. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disLurbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent, any sedimentation or other alteration or disturbance to the ground surface or vecetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that. any additional. work, or modification to the project as described, may regoire authorization by this Department. Please contacL Lhis office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, Deputy Regional Per{m'.t AdrniI) i,Lrator ruvieworl by stall, and you will bo advisn,l in wrilinq royarrlnrg the Department's Endings. In all lulme conimiriwaEuns. plnasn, roler lo the Applicalinn II) nonibnr. Appfli(;aEon 11) 1-1%38 nil l 4t1 ll000 I0 Dale wcelveJ: 0427,90 n ,.n: jilt: THOMAS BAI I Facility. BAl 1. PROPERTY Descrilmoii: N,1. CONSIRUCI DFCR DEC Conlael. DAVID S MORRFI_I. The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will ue maae Ly =his Board before any action is taken. - SHORT ENVIRONMENTAL ASSESSMENT FOMM 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 NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes 1-`No 3. Will project alter or have a large effect on an existing body of water? _Yes _/o 4. Will project have a potentially large impact on groundwater quality? _Yes No 5. Will project significantly effect drainage flow on adjacent sites? Yes -No 6. Will project affect any threatened or endangered plant or animal species? _Yes ~o 7. Will project result in a major adverse effect on air quality? Yes -~No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? _Yes '_~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 environmental area by a local agency? _Yes No 10. Will project have a major effect on existing or future recreational opportunities? Yes _No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes -No 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? __Yes ~No 13. Will project have any impact on public health or safety? _Yes 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the -No character of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes ENO Preparer's Signature• Representing. 9 b .21 Date: ~ -28A 4/•75 1.1610871-Te%t 12 PROJECT I.D. NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART ]-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT ISPONSQR_ 2. PROJECT NAME / .la.Yraf J /~Q l _eC 3. PROJECT LOCATION: ? 'dam Municipality 7 U ~,r a+"G~^C W 14 Cctsmy, a. PRECISE LOCATION (street add 2 nd ad Intersections. Prominent landmarks, etc., or provide map) S. Is PROPOSED AC N: New Derision ? MOdifIg110Naltentlon fe- I 4 O 6. DESCRIBE PROJECT BRIEFLY: yPw ~CC6c,' rJ vt fr/? I/fraac av~-Q Q 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR 0 HER EXISTING LAND USE RESTRICTIONS? Q ? Yes No If No, describe briefly w,• ~N r/'~i r y.4 /s,~/~flj ~J C 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? I Residential - L: Industrial ? Commercial ? Agriculture ? Pa&JFGMSVOpen space ? Other eetnbe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAU? L: Yes 0N. If yea. list agerlcy43) and permnmap'..Is 11, -1DOES ANY ASPECT OF THE A= 1,;N HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? rL: Yea yLV+I If yec, fiat agency name and permlttapproval 12. AS A RESULT O~Fr PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? C1 Yes - No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE -1 s~ APplicandsPOnsor name: Date: Signature: - /4W It the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) QUESTT_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.) ~A - B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( ) Yes ( -4 No. (.If Yes, PlP.1GP attach copy of "conditions" of sale.) C. Are there any proposals to change ar alter land cantc=? { } Yes {)K } No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded 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? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ,0/' U (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads er fear`s which exist and are not shown on the survey map that you are submitting? ,of 0 If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ho 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? If yes, please explain where or submit copies of deeds. 1. Please list p ' resent use or operations conducted at this parcel and proposed use Astnorized Signacure and Date 3/87, 10/901k § 97.13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. (Added 6444 by L.L. No. 6.19841 WET LA=S (Amended 8-26-76 by L.L. No. 2-1976; 3.26- 85 by f L Na 6-19851 A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and low _ march corcigrassand/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 23, Ti- tle 1, § 24.0107. Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection 8(1) and lying with- in seventy-five M) feet landward of the most land- ward edge of a' freshwater wetland." 9-405 2-23.83 BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of CONFIRMATION OF POSTING I , t X a."a f /,?C /1 residing/ at Arx/a .N u.. 0.R v-e A.t f?2r/N ll97~, being duly sworn, depose and say: That on the S day of fC'PT 199 I personally posted the property known as f4 u A~r~a.-~~o r t A,-e 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: 9- S ^i6 199 (signature) Sworn to before re-this day o f-~ 1996. JOYCE M. WILKINS Notary Public, State of New York No. 4952248, Suffolk Cou NOTARY PUBLIC TermExpireaJune12,18~ *or within 10 feet of your front property line(on your property facing the road or right-of-way).