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HomeMy WebLinkAbout4361 o~~gpFFO(,~c0 APPEALS BOARD MEMBERS o~`2` Gyp Southold Town Hall Gerard P. Goehringer, Chairman W 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 ACTION OF 'THE BOARD OF APPEALS DA'L'E OF AC'T'ION: February 7, 1996 APPL. #4361. APPLICANT: SUSAN PARK UTZ/MARY ANNA MUIR (Estate of). LOCATION OF PROPERTY: 295 Youngs Road, Orient. COUNTY TAX MAP DISTRICT 1000, SECTION 18, BLOCK 1, LOT 12. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated January 24, 1996, which states grounds of "Insufficient rear yard setback" and Article XXIV, Section 100-244B. RELIEF REQUESTED: Rear yard setback proposed at 21 feet instead of the required 35 feet for a proposed new dwelling location on this corner lot having frontage along three streets or rights-of-way. The subject parcel consists of an area of 12,318 sq. ft. All other yard areas are proposed to conform with code. MOTION MADE BY: Gerard P. Goehringer SECONDED BY Lydia Tortora. ACTION /RESOLUTION ADOPTED: Granted rear yard setback at 21 feet as applied and with the condition that there be no further principal building setback reductions in the rear yard unless a new variance application is submitted for consideration. (This rule would not apply to accessory buildings.) REASONS/ FINDINGS: The only yard area available (other than a front yard) for a setback reduction is this remaining rear yard which faces north. The subject property technically does not have "side yards," as defined by the zoning code, and a front yard area is not recommended for reduction in most cases. The house as proposed is minimal in size, and the request as submitted is not unreasonable under the present circumstances. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Robert A. Villa, Lydia A. ~ Tortora, and Gerard P. Goehringer. This resolution was unanimously ~adopted. - T 7'-" :T 'I1 ZBA:lk t 4 o~~gUFFO(,~CO APPEALS BOARD MEMBERS Gy Southold Town Hall Gerard P. Goehringer. Chairman T 53095 Main Road Serge Doyen, Jr. y • ~g 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 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that 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, FEBRUARY 7, 1996, commencing at the times specified below: 7:30 p.m. Appl. #4356 - MARTIN and CHRISTINE KOSMYNKA. This is a request based upon the December 6, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct an accessory garage building in the required front yard at less than 35 feet at 1985 Pine Tree Road, Cutebogue; Parcel #1000-98-1-11.2. This parcel consists of a size under 20,000 sq. ft., and the principal front yard setback is shown under Article XXIV, Section 100-244B. (This is a carryover from 1/10/96 to consider alternative locations.) 7:33 p.m. Appl. #4358 - ROBERT E. This is an appeal based upon the November 21, 1995 Notice of Disapproval from the Building Inspector in which applicant applied for a building permit for the "existing deck" and was denied under Article IIIA, Section 100-30A.3 of the Zoning Code due to insufficient side yard setback and insufficient total side yards at less than the required 35 feet. Subject premises contains a 38,900+- square feet in lot area located in the R-40 Low-Density Residential Zone. Page 2 - Legal Notice Regular Meeting of February 7, 1996 Southold Town Board of Appeals Location of Property: 790 North Sea Drive, Southold, NY; Parcel ID #1000-54-5-14. 7:35 p.m. Appl. #4360 - PAT J. IAVARONE. This is a request, based upon the January 18, 1996 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a porch addition at less than the required minimum 15 ft. side yard, Article XXIV, Section 100-244B of the Zoning Code. Location of Property: 996 West Road, Cutchogue, NY; Parcel ID #1000-110-7-3. This parcel consists of nonconforming lot area of 34,000+- sq. ft. 7:40 p.m. Appl. #4361 - ESTATE OF MARY ANNA MUIR/SUSAN PARK UTZ. This is a requested, based upon the January 24, 1996 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a single-family dwelling at less than the required rearyard setback of 35 feet, Article XXIV, Section 100-244B of the Zoning Code. This parcel consists of a nonconforming lot area of 12,318 sq. ft. and is located at 295 Youngs Road, Orient, NY; Parcel ID #1000-18-1-12. 7:45 p.m. - Appl. #4359 - EDWARD E. WILLIAMS. This is an application based upon the December 27, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant has applied for a building permit to construct a single-family dwelling and was denied due to insufficient front yard setback from an abutting right-of-way/property line, Article XXIV, Section 100-244B. This parcel contains a total lot area of 54,887 sq. ft. located in an R-80 Residential Zone District, at 16315 Main Road, East Marion, NY; Parcel ID #1000-23-1-12.1. 7:50 p.m. - Appl. of LOUIS MOORE BACON (ROBINS ISLAND). This is an application based upon two Notices of Disapproval (dated October 31, Page 3 - Legal Notice Regular Meeting of February 7, 1996 Southold Town Board of Appeals 1995 and January 2, 1996) by the Building Inspector, the grounds for which read as follows: A.2 Boat House, B1.1 Garage, C.1 Recreation Building, E.4 Garage with staff quarters: all exceed 18' height limitation for accessory structures, Article III, Section 100-33A. E.1 Family Vacation Home exceeds height limitation of 35 ft. as stated in the Bulk Schedule for an R-400 Zone (as principal building). E.1 Family Vacation Home, B.1 Lane House, C.7 Caretaker Cottage, E.4 Garage with staff quarters: One Family Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals... . C4 (C4.1) Agricultural Compound. Under Article III - One-family dwelling not to exceed one dwelling on each lot. 31.2 Mechanical Services Building and B2.1 MacKay Garage proposed to be in excess of the 18 ft. height limitation for as accessory structures, Article III, Section 100-33A. All accessory buildings which will contain living quarters and/or exceed 18 ft. height limitation also will be considered for variances. (Approvals required by the Zoning Board of Appeals before building permits may be granted.) Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; County Parcel ID No. 1000-134-3-5, containing 434+- acres. Page 4 - Legal Notice Regular Meeting of February 7, 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 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: January 26, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x rom NO. 3 1 it TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date 1990 . To q~[LILP?1 . ~GY/ ' G, 4 d"a me-fAer ez... --z- ~4-/T -I PLEASE TAKE NOTICE that your application dated , for permit to `m" /4. o.2L. c f A4 ~-e'42 at Location of Property -ice House No. Street I' 'Ha'nlet County Tax Map No. 1000 Section .....~f , , , Block / Lot F Subdivision Filed Mai No. is returned herewith and disapproved on the following grounds .614 ,Q C !/d.... ....a~~ea . . . ui~y~'__' nspector RV 1/80 • FORM NO. 1 . BOARD OF HEALTH . , • , , • TOWN OFSOUTHOLD SURVEY OF PLANS BUILDING DEPARTMENT CHECK , TOWN HALL SEPTIC FORM SOUTHOLD, N.Y. 11971 TEL.: 765-1802 NOT I FY Examined CALL 12 C: ' Approved 19 Permit No A L L T O . Disapproved a/c ash/~~ (Building Inspector) APPLICATION FOR BUILDING PERMIT OZ 030 .i- Date ~ 19,1 pl INSTRUCTIONS a. This applica'$`on must be completely filled in by typewriter or in ink and submitted to the Building sets of plans, accurate plot plan to scale. Fee according to schedule. b.. Plot Plan showing location Inspector, with a of lot and of buildings on premises , relationship to adjoining premises or public stree cation. eas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this a 1 ca c. The work covered by this application may not be commenced before issuance of Building Permit. Pp d. Upon approval of this application, the Building Inspector will issued a Building Permit to the a shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for an applicant. Such permi shall have been granted by the Building Inspector. any Purpose whatever until a Certificate of Occupancy APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit Building Zone Ordinance of the Town of Southold, Suffolk Countounty, pursuant to the Regulations, for the construction buildings, additions or alterations, The applicant agrees to comply Y, New York, and other applicable Laws, Ordinances or admit authorized inspectors or for removal or demolition, as herein described. Y with all applicable laws, ordinances, building code, housing code, and regulations, and to on premises and in building fo r necessary inspections. R! l Jr- (Si nature of applicant, or n me, if a corporation) T".o, ...3.~al.opext7-P. ~ y, I ,...`.L . State whether applicant is owner, lessee, agent, architect, en„• (Mailing address of applicant) orneer, general contractor, electrician, plumber or builder. Name of Owner of premise _ . . • . . . . wS'h~ V,E~~.lf~i~K.ur~. tDr, E~ lei F/~ If applicant is a corporation, sidp (a on the tax roll or latest deed)~`~ SIt n.C ~J r nature of duly authorized officer. (Name and title of corporate off Builder's License No. Plumber's License No. . • , , • Electrician's License No. . Other Trade's License No. 1. Location of land on which proposed work will be done. . Y `J . U2I E7 ~7' ...r.~ (l house Number Street County Tax Map No. 1000 Section Hamlet Q-W Block Subdivision........... Lot.. (N ame Filed Map No. . . . . . State existing use and occupant ) Lot . . y of premises and intended use and occupancy of proposed construction: a. Existing use and Occupancy . _ . T b. Intended use and Occupancy JV~ . . . . . 1 f,.! ,f: 3. Nature of work (check which applicable): New Building; Y..... Addition Alteration Repair Removal Demolition . . . . . . . . . . . . . . Other Work 4. Estimated Cost 10-0, d..... (Description) Fee . (to be paid on filing this application) 5. If dwelling, number of dwelling units P . , , Number of dwelling units on each floor If garage, number of cars ..........0j 1 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use 7. Dimensions of existing structures, if any: Front . ~Wr~. ; , , , , Rear Hei ht • Depth . 5 • . • • • • • Number of Stories " . . . . . . . . . . Dimensions of same structure with alterations or additions: Front Depth Height / Rear . L u • Number o4 Stogies , t.. 8. Dimensions {PntiV new construction: Front ...-f. ~ ..~P.. , Rear 6..... Depth Height ...~1 ntip... ,d ur~rper of Stories 9. Size of lot Front Q. „ f f Rear De th . 10. Date of Purchase , , , . , , , , , , , Name of Former Owner ..tQY , E1 J?, A1V (~J~ 11. Zone or use district in which pre ises are situated . 12. Does proposed constructio violate any zoning law, ordinance or regulation: t~.Qr , , , , , , , , 13. Will lot be regraded Q•' • • • • Will excess fill be removed ~f~r~om,~premises: des No 14. Name of p j~ mises~':W , , , , , , Andress pQ. ? r9ty arg Oef( Phone No. Name of A~1t1[@Cf ....~741Q3kLA). 4s • Address Fl e `r ~gr5'tS Name of Contractor ._.~O&, d re ,gyp,~xNo rQ+IT!~'•,•~P-hone No. . 3.23.; ~t .S~ G}IQtG. No.one .Z~'. 15. Is this property within 300 feet tidal rlwetland? Yes: No. *If yes, Southold Town Trustees Permit may be required. ~ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether exisling or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. iTATE OF NEW Y~jC, -OUNT )Of j~. ......IJS.S u ' ~1 • • being duly sworn, deposes and says t (Name of individual signing contract) that he is the applicant ibove named. Sie is the ..............................0 0 t . (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the +ork will be performed in the manner set.fnrth n the application filed therewith. worn to before me this 6....... ..day f . S,_ 119 ;otary Public. ty ROBEft I. S 7T, JR. NOTARY ARY PU PUBJd ,State of (I,Y,, , . N 725 9 Suffolk Court (Signature of applican W E ires May 31, 1 • RECEIVED • JAN 2 5 199u 1Yw11 k slr TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 6~/ DATE N...~Ia...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTH/OLD, N. Y. 1, (We) d0.,p1J VAli ..PAR.K...1~~(.of .........7. Name of Appellant `LZ µt2 Street and umber Y I~ ft I APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR nO/N~ APPLICATION FOR PERMIT NO . DATED .............Qi L)3) ..~.1•~.77~ WHEREBY THE BUILDING INSPECTOR DENIED TO 1A 1 Name of Applicant f ermit,(~~ yy-- 11 YY of ~11 `L n i Gf.,....J.X..C 1~.Y11 P ty Street and Number Munici ali State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY '02-A( Vr A- o U n !3)l~ ~ r 1. LOCATION OF THE PROPERTY ........9b?..S.K (:.....~tQ)?X Street /Hamlet / Use District on Zoning Map District 1000 Section 1881ock I Lot la Current Owner La~ n V2c ~Cc Jl Mop.. ..No. Lot No. Prior Owner F{L~ A?.( A POK 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinanceby number. Do not quote the Ordinance.) Article ` Section I C y- 944 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ARG(~ ~IYRi~rLF 4. PREVIOUS APPEAL A previous appeal (has) (has notybeen 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 made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (A 141ZC j V to JCG I is requested for the reason that ~QQ r ~ & o 4V U"'C c3 4D Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- scry HARDSHIP because ~h prQ~ p ~q~,e I^ P6,n-n Invu-6e. t age o~ m~ e ~ Vr~ea~r,s T 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 l C ~p P wv~ V~,e f o r~ (tea era I'~~4•e~ ~5 . oY, per., VW t e ( ~-)Ctn YY) iY , 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because c IS }OCR Yti~ 6 C - J,2-Q-P1 V\&, STATE OF NEW YORK ) ..C1 c Q ' / ) ss . COUNTY OF Sc(i<<f< ) Si nature Sworn to this ...4~.. Tn~ day of..........G/J.................... 19 %b .......y,..1,(!((.. . ]]l Notary P blic LINDA J. COOPER Notary Public, State of Now Y No. 4822563, Suffolk County Term Expires December 31, 1 TOWN OF SOUTHOLD PROPERTY RECORD CARD tO,W~INER STREET a VILLAGE DIST. SUB. LOT (JUN S l~ 7 e FO,-R-M~ER W N R N E TYPE OF BUILDING - U (3 a T S~ IPA Q - l Ll~a f RES. SEAS. VL.3 FARM COMM. CB. ICS. Mkt. Vol LAND l/ IMP. TOTAL DATE REMARKS - Yin - dw) -y e- ( 2:,~,,/ mss - -y L 8 2 J"'J ~ ~ ~~?3 77 JuLp 0S0004 -R-0 'p i %nC,UT7._P ss a-A 7 ~ T- AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable r FRONTAGE ON WATER Woodland - FRONTAGE ON ROAD Meadowland j DEPTH v House Plot BULKHEAD Total - -DOCK - COLOR TRIM M. Bldg. Extension - Extension Extension Foundation Both Dinette Porch Basement Floors K. Porch Ext. Walls Interior Finish LR. Breezeway Fire Place Heat DR. Garage Type Roof Rooms Ist Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway Total TOWN OF SOUTHOLD PROPERTY RECORD CARD C'NNER ~TR€ET~ VILLAGE DIST. SUB. LOT ' U±Z 1ou k c-s f( c~ or, e 1-1 RE'S FCRME~ pWNER U E ACR. 'fQ( /Tnna. Muir ono 'SC oe •+J>,c _ aah --;S l .-ZF9 I a(-1 U e u -),F - TYPE OF BUILDING J_C rr47~ 2nc-jr=!s ~c tE' SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP_ TOTAL DATE REMARKS 6 6 y f C4, f a /v r / c ri 2 cJ E h- ° vu 3000 3500 16s' IdliwodXV ,P,-#2s6.~Z, 8U.. IVew llause. ,C .~C7oUrJ _ su0 G~ 00 _66 d0 3/ ~ - 9//8/76To/a~ 6a, / - ~c~tiaea~Pr T Gtz wp $ 1 1- "Mui ~"devm5k)+,1110.x! 4zk,i-k.rr -L 112 3-{ 5860 - 1,_fa _1.)I-,z /\//O AGE BUILDING CONDITION dF:V NORMAL BELOW ABOVE FA-,"a Acre Value Per Value Acre illcole 1 illc~;le 2 "ill -,Die 3 r w )lund FRONTAGE ON WATER r: s ',nd FRONTAGE ON ROAD /00 1011, Plot DEPTH BULKHEAD DOCK - i 1' ~ - ~ COLOR _I j r1 i / TRIM Y e ~lm uu ~ Dinette Bldo. a 2 5 ° l0 1 Foundation z Bath L/ tension l 9 X ~'3 a1 0 7 I j Z> (o r Basement G L Floors 10 4 KJV S u K. tension Ext. Walls Interior Finish u c LR. GJvvD C~ S/~fE~/~% :tension I Fire Place y [A Heat DR. ype Roof/ Rooms 1st Floor BR. ,rch 1 -17 Recreation Room Rooms 2nd Floor FIN. B. rch O a,r J 02 o Dormer reezewoy I Driveway ~ovrn a-iis^~ irage otio B. _ atal - r ? - r iii SUFFOLK CO. HEALTH DEPT. APPROVAL (I H. S. NO. MAP OF PROPERTY SURVEYED ForC STATEMENT OF INTENT r-'• . C r THE WATER SUPPLY AND SEW'AG'E DISPOSAL 1 r: w/Pi._ D1~'I~ SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE AT 1 SUFFOLK CO. DEPT. OF HEALTH SERVICES. w LL i 51 OfL1ENT APPLICANT \ 701WN OF SOUTHOLD NY I { i SUFFOLK COUNTY DEPT. OF HEALTH SERVICES - FOR APPROVAL FOR iD CONSTRUCTION ONLY DATE: r H. H. S. REF. NO.: pD -yam j APPROVED: \ J~ SUFFOLK CO. TAX MAP DESIGNATION: -WELL 49 2 I DIST. SECT. BLOCK -PCL. ...<d - ••I 1 -1000 . 016 1 }2 AST j \ CPOOLS y/ I V~ OWNERS ADDRESS: I P.O. 166 c I OR) ENT, N.Y. 11957 i ' 5.70 la' c E. }.919 SCAL~-d0 •I I _ AREA- 12,31B S. G. I I 323 -2799 i co ~-//sm c Z. `-n 1\ O.1<YJIJUME;d" i QT p Y~r-+~~ ~~6:' N. L J • Pi PE DEED: L~6860 P. 54g (REF.j S _-.ha P¢°P._ p I TES HOLE I - STAMP ' ! T-tivo¢e~. is'lwELL, o. 7- R~ - \ 1 y~ P¢OV. awn CvnCANTI F PARK 92OWN wousE I i F6 d =111 f SILTY AJOAM is g~ ppi!i' ggfl SZOWN R i m SILTY sANn ; ? Eli 1j41g£Fs 1~~.\ 35 p a~ 160 ~T°CL.~ 25i'y O I O _ rn i Y ^ - ! . T4 Z rest41ot,1_~ _ CANTGURS REFER TO MEAN SEA LEVEL NGVr. y..= M-70 1340 W ' AMENDED DEC ~o.l?7c e¢owN - 1 c WAY _ C70? 30; R1GH { i, _.I WELL - I SILTY SMIC SEAL n^ J WELL i• 1----'-I a+L n J i ° j ' ' ' I qF. aF V 'Bo W { SI f5 SURVEYED JULY 5 1995 PALE BROwu 2 ~ Oz N ~1` CioOl r u. RODERICK VAN TUYL. P.C FINE e l ° LICENSED LAND SURVEYORS I 19 I - I HO~'SE' ' GREENPORT NEW YORK re qn- wu. i was de9a building permit ferred to as Lot 76 aantain- hearings will not start before BOARD OF APPEALS to cons ,porch addition at ing less than 20,000 sq.'ft in the times designated, and are TOWN OF SOUTHOLD less than the required minimum area. Street Address: 450 and in addition to other hearings. It 15 ft. side yard, Article XXIV, 350 Old Shipyard Road, is recommended that the file(s)/ NOTICE OF HEARINGS Section 100-244B of the Zon- Southold, NY; County Tax be reviewed before the sched- ing Code. Location of Property: Map Parcel No. 1000-64-247 uled date ofthe hearing for up- NOTICE IS HEREBY 996 West Road, Cutchogue, (and Parcel 10000-64-2-48 dates or new information. If GIVEN, pursuant to Section NY; Parcel ID#1000-110-7-3. transferred by deed on 6/7/90 you have questions, please also 267 of the Town Law and the This parcel consists ofnoncon- from Shanks to Chairamonte)? do not hesitate to call 765- code of the Town of Southold, forming lot area of 34,000±sq. Zone District: R-40 Residen- I 1809. that the following applications 7:40 m. A 1. #4361-ES hal. Dated: January 26, 1996 will be held for public hearings TATE OF MARY ANNA 7:55 p.m: Appl. No. 4354- BY ORDER OF THE before the SOUTHOLD TATS F M PARK ANNA LOUIS MOORE BACON SOUTHOLD TOWN TOWN BOARD OF AP- ThMUHUSUSAN is is a request based uUTZ. pon (ROBINS ISLAND)' This is j BOARD OF APPEALS PEALS, at the Southold Town an application based upon two i GERARD P. the January 24, 1996 Notice of Hall, 53095 Main Road, Notices of Disapproval, the GOEHRINGER,CHAIR- Southold, New York 11971, on, I Disapproval issued by the Building Inspector grounds for which read as fol MAN WEDNESDAY, FEBRU- , in which lows: By Linda Kowalski applicant was denied a build- ARY 7,1996, commencing at A.2 Boat House, BA Lane 1X-2/1/96 the times specified below- ing permit to construct asingle- Lodge, 81.1 Garage, B,2 . 7:30 p.m. Appl. #4356 I family dwelling atless than the I MacKay Cottage, C.k, Recre)v MARTIN and CHRISTINE required rear yard setback of 35 ation Building, E.4 Garage with feet, Article XXIV, Section KOSMYed up This is a reylpi 100-244B of the Zoning Code. cal staff q Services re' B1.2 Building and and B2.1 quest based upon the Decem- cee This parcel consists of a non-McK . ay are- will ber 6, 1995 Notice of pro al issued y die Building conforming lot area at 295 8aheigh limiittati n for ac e s of 12,318 Inspector, in which applicant sq. ft. and is located d at 295 sory structures, Article III, Sec- Youngs Road, Orient, NY; Par- was denied a building permit tion 100-33A. o to construct an accessory ga- cel ID #1000-18-1-12. E.1 Family Vacation Homes, I6 rage building in the required 7:45 p.m. Appl. #4359- exceeds height limitation of 35 j front yard at less than 35 feet EDWARD E. WILLIAMS. This is an application based ft* stated in the Bulk s Sched- at 1985 Pine .Tree Road, ule for an R-400Zone (asprin- upon the December 27, 1995 1 1.2. This paParcel #1000-98- rc con el consists of o 1- I Notice of Disapproval issued cipal building). 11.2. This parcel a by the Building Inspector, b E.1 Family Vacation Home, size under 20,000 sq. ft., and wherein applicant has applied'r B•1 Lane Lodge, C4 (C4.1) the principal front yard setback for a building permit to con- Agricultural Compound; C.7 is shown under Article XXIV, struct a single-family dwelling Caretaker Cottage, EA Garage Section 100-244B. (This is a and was denied due to insuffi- with staff quarters: One Fam- carry-over from 1/10/96 to con- cient front yard setback from ily Dwelling not to exceed one sider alternative locations.) an abutting right-of-way/prop- (1) dwelling on each lot under 7:33 p.m. Appl. #4358- erty line, Article XXIV, Sec- Permitted uses in an R-400 ROBERT E. GREEN. This is tion 100-244B. This parcel Zone. Action required by Zon- an appeal based upon the XcZ~ contains a total lot area of ing Board of Appeals... vember 21, 1995 Notice of Dis- 54,887 sq. ft located in an R- All accessory buildings approval from the Building In- 80 Residential Zone District, at which will contain living quar- spector in which applicant ap- j 16315 Main Road, East ters and/or exceed 18 ft. height plied for a building permit for Marion, NY: Parcel ID #1000- eyed for limitation also variances. will be (Approval proval- the "existing deck" and was de- 23-1-12.1. s nied under Article IIIA, Sec- re uired b the Zonin Board tion 100-30A.3 of the Zonin 7:50 p.m. Appl. No. 4362- q Y g - bui g LEWIS B. SHANKS. This is ofAppey be granted.) o dingper Code due to insufficient side mils may be yard setback and insufficient a request for,the grant of a Location oro Rob- total side yards at less than the waiver as provided by Article ins Island, near North Race, required 35 feet. Subject pre- H, Section 100-26 in this Great Peconic Bay, Town of mises contains a 38,900± merger of land d as as determined feet in lot area located in the January 22, 1996 Notice ~ Southold, NY; Parcel #2000- square of Disapproval issued by the 134-3-5, containing 434+ in the R-40 Low-Density Resi- acres. dential Zone. Location of Prop- Building Inspector, concerning a vacant parcel of land of The Board of Appeals will ^ erty: 790 North Sea Drive, at said time and lacehearanY `f Southold, NY; Parcel ID 11,250 sq. ft., which land has place hear any been held in common owner- and all persons or representa- # 1000-54-5-14. j tives desiring to be heard in the FB _ 5 = 7.:35 m. A 1. 94360- ship with adjacent land during j P' PP a period of time commencing above applications. Written PAT J. IAVARONE. This s July I, 1983. The subject land comments may also be submit- July 1, based upon the Janu- is referred to as Lot 77 on the ted prior to the conclusion of i ary 18, 1996 Notice of Disap- map of Founders Estates, and I the subject hearing. The above proval issued by the Building the land adjacent thereto is re- Inspector, in which applicant I COUNTY OF SUFFOLK STATE OF NEW YORK ss: Joey Mac Lellan, being duly sworn, says that he is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once eachweek for w~s successively, comm ncing on the day of Sworn to before rr)e this......./ day of .......................................................................19.!. w:.... Notary Public BARBARA A. SCHNEIDER NOTO%Y Pam, State of New York Na. QS246 Quaiif;0 in Su''Nk County Commission Expires 8181/,76 ~L~~VLS FEB-5 a AL 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, t Southold, New York, concerning this property. OWNER(S) OF RECORD: Emu e EsTATt Z Of MdIVAao Aul"ic DATE OF PUBLIC HEARING: • = O M u)eb.fels, 7, q4 If you ave f nterest in this project, you are invited to view tile 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 0 (516) 765-1809 ~~SUFFOC~ C APPEALS BOARD MEMBERS `yam ~Gy oA~ Southold Town Hall Gerard P. Goehringer, Chairman W 53095 Main Road Serge Doyen, Jr. yy r~ 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 February 7, 1996 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4361 Project/Applicants: Estate of Mary Anna Muir/Susan Park Utz County Tax Map No. 1000- 18-1-12 Location of Project: 295 Youngs Road, Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct a single-family dwelling with insufficient rear yard 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. ~O~O~~COG O JUDITH T. TERRY yL~ Town Hall, 53095 Main Road TOWN CLERK W = P.O. Box 1179 REGISTRAR OF VITAL STATISTICS O Southold, New York 11971 MARRIAGE OFFICER Fax(516)765-1823 RECORDS MANAGEMENT OFFICER 0.( 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 DATED: January 25, 1996 RE: Zoning Appeal No. 4361 - Susan Utz and Mary Anna Muir Transmitted herewith is Zoning Appeal No. 4361 SUSAN UTZ and MARY ANNA MUIR for a variance. Also included is: Notice of Disapproval from the Building Department dated January 24, 1996 with copy of application attached; copy of survey; Notice to Adjacent Property Owners; and ZBA Questionnaire. COUNTY OF SUFFOLK (9 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING L. ~2 1 11' February 20, 1996 Town of Southold i - - - 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) ~~uniripal File N lmber(Rl Green, Robert E. 4358 Williams, Edward E. 4359 Iavarone, Pat J. 4360 Estate of Mary Anna Muir/Susan Park Utz 4361 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G Newman Chief Planner GGN:pk A1SD4354.W D 220 RABRO DRIVE • P.O. BOX 6100 • HAUPPAUGE, LONG ISLAND, NY ! !,88-0099 • 616) 853-5190 a FAX 1516) 353-044 ~~gUFFO(~-~~ APPEALS BOARD MEMBERS ~Gy-A~ ti '6 Southold Town Hall Gerard P. Goehringer, Chairman • 53095 Main Road Serge Doyen, Jr. y 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 Pursuant to Article XIV of the Suffolk County AdnInistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the follcwing to the Suffolk County Planning Catcnission: XX Variance from the Zoning Code, Article XXIv Section 100-2448 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: q36] Applicant: Estate of Mary Anna Muir/Susan Park Utz Location of AITected Land: 2gg County Tax Map Item No.: 1000-Y18-1-12oad, Orient, NY Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Hiahway, 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 Drainaae 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 construct a single- family dwelling with insufficient--L earyard se back Copies or Town rite ana related documen.cs enciosed for your review. Dated: February 15, 1996 • ~~gUfFO(~-C • APPEAL&BVARD MEMBERS h~0 ~Gy co Southold Town Hall Gerard P. Goehringer, Chairman * 53095 Main Road Serge Doyen. Jr. P.O. Box 1179 James Dinizio, Jr. y'1101 ~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 February 14, 1996 Mrs. Susan P. Utz P.O. BOX 166 Orient, NY 11957 Re: Appl. No. 4361 - Rear Yard Variance Dear Mrs. Utz: Please find enclosed a copy of the determination rendered by the Board of Appeals at our February 7, 1996 Regular Meeting and filed today with the Town Clerk's Office concerning your variance application. A copy of this determination has also been furnished to the Southold Town Building Department for their records. It will be necessary for the builder or yourself to proceed with the Building Department at this time before any building activities are commenced. In obtaining the building permit please be sure to furnish any other applicable agency approvals (such as County Health Department). If you have any questions, please do not hesitate to call our office. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning RECEIVED JAN 2 5 199' 3() ,C TOWN OF SOUTHOLD, NEW YORK / iu n Berk BUlrWd APPEAL NO. ~ v APPEAL FROM DECISION OF BUILDING INSPECTOR p DATE l N...7.(a...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 7 1, (We) .~.-(Qi Street and umber Name of Appellont.. C(r'" ~ f y ~}vwY ?-l~-.(2 X ,.........HEREBY APPEAL TO YI~LI Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR nON/ APPLICATION FOR PERMIT NO . DATED .............L~:1hLRl • ~•1.~.1gh WHEREBY THE BUILDING INSPECTOR DENIED TO / Name of Applicant fq[,permit~) } 1 Municipality State reet and Number St ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 9 ip 1. LOCATION OF THE PROPERTY StreA /Hamlet / Use District on Zoning Map V t I T, a District 1000 Section 1 $ Block / Lot 1,2 __.Current Owner Lx2I) Q . . _ MopNa. Lot No. Prior Owner MA- Ll EWlK~ 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 r Section 1 CD - a1 made herewith for (please check appropriate box) 3. TYPE OF APPEAL Appeal is ( ) 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. Lows Art. 16 Sec. 280A Subsection 3 ac n vARl1~r4 - - q. 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 o special permit ( ) request for a variance and was made in Appeal No . Dated r REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that d u" arq i- ~~z Farm Znt (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because bh ©r Li'Q` hQ e 3 J P10uh-OCS kvCu5e. -1, A e of m r~,„ ~r y g ~ ~~et-~~ ~.e~t~s 1 T C~ V~Q,VQ C~QY Q~je Qk E.D~ec~ y~~ ~ICLrrecQ U 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this propertypp and in this use district because Q ~_o C~ T LG~ rl LJ p~ ( VV) Q to O r5 I tiQ {I Q ~ G_x~.G{~26 C1 6Z fa ~s ~Yl pl' 1 ~J Wo QX1 YY) I Y,\R U Q i 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF SafFD'l< ) Signature Sworn to this .....~2._~ ~ day of....... ..CS: 1 E SrFC .......V ~.4r Zc. cG Notary P blic LINDA J. COOPER Notary Public, State of New Yo No. 4822583, Suffolk Cbunty~ Term Expires December 31, 19 80ARD OF APPEALS. TOWN OF SOUTHOLD 1 In the Matter or the Petition of i~sri V' A ~Jt NOTICE to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T(u is intention of the undersigned to petition the Huard of Appeals of the Town of Southold to request ('Variance) Special Exception) (Special Permit) (Other) [circle choice) 1. I_ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 42- That the property which is the subject of such; n is tloc ted in the bowing zoning district: 3. 7 a Thal b~ such Petition, the undersigned will request the following relief: 5. That the provisions of ie Southold Town Zoning Code ap lie ble to the relief sought by the under- signed are Article Section~~~~~~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Hoard of Appeals; that a notice of such hearing must be published at least five days prior to the (late of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners , Names: Post Office A ress - LLIf Tel. No. ( ) ~ y\ l q~~ 3Z? - `d-7 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) residing at yi~ L~ S being duly sworn, depolA and says tha on the day of 19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, dire? d to each of the a ve-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 ssessm~ent ry11 of the own of Sow old; that said Notices were mailed at the United States Post Of- fice at ( 11~iVV1 1 J I ~r ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of 3T 19 Q LINDA F. KOWALSKI Nab" Public, State of New York A6mi Notary Public No. 52 Qualified In SuffolkComy 9q Commission Expires Nov. 3o,197'L M (This side does not have to be completed on form transmitted to adjoining property owners.) _ j P 597 040 543 P 597 040 544 P 597 040 545 P 597 040 546 P 597 040 548 US Postal Service P 597 040 547 US Postal Service US Postal Service Receipt for Certified Mail US Postal Service US Postal Service Receipt for Certified Mail US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided. Receipt for Certified Mail No insurance coverage Provided. Do not use for international Mail See reverse No Insurance Coverage Provided. No Insurance Coverage Provided. Do not use for International Mail See reverse No Insurance Coverage Provided. Do not use for Intemational Mail See revers e Sent to Do not use for International Mail ee reverse Do not use for International Mail See reverse - eer erne r c D Sent to Do not use for International Mail S Sent to Sent to Sent 10 Sentt I D iv O/ r Street &Numb t -tf IQL-~ /1 Street & be Street & Number, , } I 1 I Street & Nu S 97N r s ,(7 I - Street in r 7 'La- Post Office, Sta ZIP Cotla P Office te, 8 ZIP Cod Post Office, State, & ZIP Code Il Post Orrice, Sla ZIP C Post Office t 8 ZIP6 . is7 Post Off! S t &ZIP e c r -t I Postage 11 $ Postage $ V (~07 Postage $ 1 Postage 32, Postage $ : Certified Fee $ • Postage $ Z 2-, 3/ry Certified Fee Cenifled Fee Certified Fee f / Certified Fee Certified Fee d ) Special Delivery Fee Special Delivery Fee Special Delivery Fee Special Delivery Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee ~ Restricted Delivery Fee Restricted Delivery Fee m Restricted Delivery Fee co Return Recaps Showing to / • / /ll N Return Receipt Showing to co Return Receipt Showing to _ Whom 8 Date Delivered ll o" Return Receipt Showing to Return Receipt Showing to Whom & Date Delivered of Return Receit Show in to Whom & Date Delivered Whom & Date Delivered / m p g f = Rehm Rece'pt Whom& Date Delivered L Return Receipt Showuq N Whom, Whom & Date Delivered n Rehm Receipt Showjpglo Date, 8 Addregde's Address n . Rehm Receipt Show%N Whom, Rehm Receipt Showing to'Mian, < Date, It Addre 's .a Retum Receipt,SfwengtedE" < Date,&Addr sAddress p cv C Date, It Pddlesseds Adhess Date,6 8 F ~@nr C < Date, 6 Address p ~k O TOTAL P O O TOTAL P e 8 F s L.., O TOTAL P65,tage$rFees TOTAL Past 'Fees Posbne O TOT 9e & Fees rr i i Postmark hate e M rk of ate 00 TO L P ^ $ 2,5 00 CD 0 E n E Postma a( ate Pos YY'L P or Da 9 Op LL E Po G iN 4t o I?.YZ € J E T+ l LL 6 O 2 U- co d % / d Y d t QUESTT_CNNAIRE FOR PILING 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 theme interests: (Separate sheet may la atrtached) ~ tio B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { } No. (2f Yes, pTA,~° at ac copy Of "Condit-4 ns" of sale ) { - } Are the=e any proposals rhange alter lid cpntc-.=? Yes } No D. 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the man 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 cog'~ruction at or below five feet above mean sea level? NN (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or f=^r,== which exist and are not shown on the survey map that you ar_ submitting? ~ If none exist, please state "nene_" G. Do you have any construction taking place at this time concerning your premises? IVQ 11._ If yes, please submit.a copv of your building permit and man as approved by the Building Department. If none, Please state_ y/ H. Do you or any cc-own also' own otH e ~ Qd e 122 ~/O~t/~ parcel? close to zs S.0e LL If~1yes, plea]~e erplai} wh e or submit copies of deeds. Gc2,G'j~ ~q le UKLai ~(n vn 7-,, i;5C~ 1. Please list present use or operations ccnducted at this Parcel and proposed use J , /-mot s-96 Aucner+:eC Siynac=2 ana Dace 3/87, 10/901k § 97-13 WETLADIDS § 47-13 TOWN - The Town of Southold_ TRUSTEES - The Board of Trustees of the Town of Southold. (Added 6-5$4 by L.L No. 6.19841 WE 'LAUMS (Amended 8-25-76 by L.L. No. 2-1976; 3-25- 85 by 7 T _ya 6-2985k A r1DAL WETLAINIDS. (1) All lands generally covered or intermittently cov- ered with. or which border on. tidal waters, or lands lying beneath tidal watem which at mean low tide are coveted 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 gra= saltworts. sea lavender. tall catdgfass. high bush. cattails grouadseL marsh nallow and low march cordg===.dlar All land immediately adjacent to a tidal wetland as defined in Subsection ,f.(2) and (ring within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. 3. FRES11i7ATERWETLA:iDS. (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. § 23-0107, Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of New York: and All Iand immediately- adjacent to a'• reshwater wet- land.- as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater w;dand." 9705 zcs•es o~~gpFFO(,~-CO APPEALS BOARD MEMBERS tiy` Gy o° 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 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: February 7, 1996 APPL. 44361. APPLICANT: SUSAN PARK UTZ/MARY ANNA MUIR (Estate of)_ LOCATION OF PROPERTY: 295 Youngs Road, Orient. COUNTY TAX MAP DISTRICT 1000, SECTION 18, BLOCK 1, LOT 12. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated January 24, 1996, which states grounds of "Insufficient rear yard setback" and Article XXIV, Section 100-244B. RELIEF REQUESTED: Rear yard setback proposed at 21 feet instead of the required 35 feet for a proposed new dwelling location on this corner lot having frontage along three streets or rights-of-way. The subject parcel consists of an area of 12,318 sq. ft. All other yard areas are proposed to conform with code. MOTION MADE BY: Gerard P. Goehringer SECONDED BY Lydia Tortora. ACTION/ RESOLUTION ADOPTED: Granted rear yard setback at 21 feet as applied and with the condition that there be no further principal building setback reductions in the rear yard unless a new variance application is submitted for consideration. (This rule would not apply to accessory buildings.) REASONS/ FINDINGS: The only yard area available (other than a front yard) for a setback reduction is this remaining rear yard which faces north. The I subject property technically does not have "side yards," as defined by the zoning code, and a front yard area is not recommended for reduction in most cases. The house as proposed is minimal in size, and the request as submitted is not unreasonable under the present circumstances. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Robert A. Villa, Lydia A. Tortora, and Gerard-P. 3lution was unanimously adopted. ZBA:lk a/~y/q ID Iv