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HomeMy WebLinkAbout5131 '3 (%44/-64,7 ,t9' 664-0/O& - Coe, 424A4--; ?Act Z /ee /vim, 2jcC &ld%a - v _ , APPEALS BOARD MEMBERS \----'1 �tt���gUFFO(,t /�J�QS� CQG Southold Town Hall Gerard P. Goehringer, Chairman y 53095 Main Road Lydia A. Tortora y •x P.O. Box 1179 1/44\p\pti George Horning / Southold,New York 11971-0959 Ruth D. Oliva 0`4 O� �e ZBA Fax(631)765-9064 Vincent Orlando Ol * `�i,ot' Telephone(631) 765-1809 ,�''� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2002 Appl. No. 5131-John&Margaret Biggane Property Location: 8871 Oregon Road,Cutchogue; Parcel 83.-1-34. BASIS OF APPLICATION: Building Department's January 25; 2002 Notice of Disapproval for the reason that applicants'proposed tennis court at less than 60 feet from the front lot line. AREA VARIANCE REQUESTED: Applicants are requesting a variance under Section 100-33C to locate a 60' x 100' tennis court structure in the southerly yard with a setback of 15.8 feet from the southerly property line,24 ft from the easterly lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 20, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence,the Zoning Board finds the following facts to be true and relevant. PROPERTY DESCRIPTION: Applicants' property is located on a private right-of-way extending from the north side of Oregon Road in Cutchogue. This lot is referred to as Lot 2 in the Minor Subdivision of Henry Domaleski, and contains an area of 2.05 acres, or 89,350 sq. ft., with a width of 145.75 feet, depth of 604.17 along the east side, and 148.27 ft. along the Long Island Sound. The lot is improved with a two-story frame dwelling and accessory pool structure as depicted on the February 3, 2000 survey revised June 27,2001 prepared by S. Isaksen,Jr. REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 2676-3 "area variances," the Board has considered the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood and community by such grant, and determines that: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The same family owns the"only" neighboring house. Also in this water front area it is typical to have accessory buildings in the front yard. 2. The benefit sought by the applicant can be achieved with a change in the lot line for applicants' adjoining property. Due to the topography on this lot,this is the logical location without removing several hundred yards of soil. 3. The requested area variance is substantial since the existing front yard set back is 15 feet 8 inches and requires a 60 feet set back. ti rTh Page 2-June 20,2002 "' ZBA App!.No. 5131—J:and M.Biggane Parcel 83.-1-34 at Cutchogue 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. Due to the uniqueness of this application with only one neighbor, which is owned by the applicants, this tennis court will have no physical or environmental impact. "If" ever this lot or the lot directly below this lot in questioned is sold there must be a lot line change in the Vacant lot to acuminate the appropriate front yard set back as the code requires at this time. 5. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of an accessory tennis court, while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered by Member ,Orlando, seconded by Chairman Goehringer,and duly carried,to GRANT the variance, as applied for, AND SUBJECT TO the condition that when the applicants' adjoining lot 1000-95,-1-11.2 (to the south) is transferred in title, then a lot line change application and approval is necessary to effectuate a conforming 60' front yard setback or the setback of the current zoning code in effect at that time. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action.', Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Horning, Oliva, and Orlando. This Resolution was duly adopted(5-0). / l,. GG:vo/lk 7 Perard P. Goehrin er, Chairman 6- 6-02 RECEIVED AND FILED BY .t'" E SOU FEOLD TOWN CLERK DATE il,2-7/10 L HOUR nit Town Clerk, Town of our-told LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS Thursday, June 20, 2002 Public Hearing NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 20, 2002, at the time noted below (or as soon thereafter as possible); 6:40 pm Appl. No. 5131. John C. and Margaret Biggane. This is a request for a Variance under Section 100-33C, based on the Building Department's January 25, 2002 Notice of Disapproval for a proposed tennis court at less than 60 feet from the front lot line when located in a front yard area. Location of Property: 8871 Oregon Road, Cutchogue; Parcel 83.-1-34. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of the above hearing. The hearing will not start earlier than designated above. This file is available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: May 21, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (Tel. 631-765-1809) (Th FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT - SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: January 25. 2002 TO: Jack and Margeret Biggane 8871 Oregon Road Cutchogue. NY 11935 Please take notice that your application dated March 13, 2001 For permit for constructionof an accessory tennis court at Location of property 8871 Oregon Road. Cutchogue,NY County Tax Map No. 1000-Section 83 Block 1 Lot 34 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article III Section 100-33.C., which states; "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard,provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code." Princi sal buildin: setback ser Southold Town Code is 60-eef t. The accessory t- court is shown at 16 feet from the front yard line: ( Authorized Signature Cc: File,7RA ,.. 91)1 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 18,2001 TO: Jack and Margeret Biggane 8871 Oregon Road Cutchogue, NY 11935 Please take notice that your application dated March 13, 2001 For permit to construct an accessory tennis court at Location of property 8871 Oregon Road County Tax Map No. 1000 - Section $3 Block 1 Lot 34 Is returned herewith and disapproved on the following grounds: The proposed accessory tennis court is notpermitted pursuant to Article III Section 100-33C,which states: "In the case of a waterfront parcel. accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements sh by this code." Pri ipal building setback,per Southold Town Code, is 60 feet. The accessory tennis court is shown at 1 t ,feet from khe fn- `ot in!. i i Whonid 'ignature ' CC: file, Z.B.A. tyvrty VR' ouulnuw i , 1jUILDINQ KMI1 APPLICATION LHECKLIS BUILDING DEPARTI I'II J ? 11'; ;+ Do you have or need the following,before applying TOWN HALL Board of Health SOUTHOLD, NY 1197r-477-7-.T7.7 3 sets of Building Plans TEL: 765-1802 xh . o Survey PERMIT NO. Check • • Septic Form • N.Y.S.D.E.C. Tiustees Examined ,20Contacts Approved ,20 • Mail to: Disapproved aic i ) c l _ Phone: 57b 9 Cly Building Inspector APPLICATION FOR BUILDING PERMIT Date 1 /g 200/ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings oripremises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout'the work. e. No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupan is issued by the Building Inspector. • APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws, Ordinances or Regulations,for the construction of buildings,additions,or'alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code, housing code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections.' • 1\16014 U-4-1 fefietenc4 •• • (Signature of applicant or name,if a corporation) • /21cit5 maw . Gttrci+0ctv6 vcif c03 ' • (Mailing address of applicant) State whether applicant is owner, Iessee, agent, architect, engineer, _-neral contracts., electrician, plumber or builder G2aJEt 6G0te1Gf V' ED Name of owner of premises ,bl✓air B--• l/4-tr • (as on the tax roll or latest deed) If asp i1 tis .o tio signature of duly authorized officer Ort (N e and title o orporate officer) Builders License No. • Plumbers License No. • • Electricians License No. )ther Trade's License No. Location of land on which proposed work will be done: tJ a9e.e0iPid ED 1 i'*Cift, Pim iaeti® House Number Street • Hamlet County Tax Map No.1000 Section a, Block Cil Lot •67.' Subdivision MINOR*OOP'dIe.°A)/rl•Wrrt t. i Filed Map No. Lot (Name) -. ti WO. �„i,uug use auu u xupancy el; ,muses and intended use and occupancy 2proposed construction: a. Existing use and occupancy .., b. Intended use and occupancy i ut45cgueiJ_ 1c g 4894zC; )� i. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work -1-elJtaiCooler (Description) i. Estimated Cost I 1)7ooti .oo Fee (to be paid on filing this application) if dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories Dimensions of entire new construction: Front !pot Rear boo' Depth I 20 r Height Number of Stories Size of lot: Front Rear Depth 0. Date of Purchase Name of Former Owner 1.,Zone or use district in which premises are situated Criti Oe$T 41-- 2. Does proposed construction violate any zoning law, ordinance or regulation: 3. Will lot be re-graded 15+ Will excess fill be removed from premises: YES NO 4. Names of Owner of premises Athorr/t ane Address NitiffatiC / JLWTrj Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 5. Is this property within 100 feet of a tidal wetland? *YES NO • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 6. Provide survey, to scale, with accurate foundation plan and distances to property lines. 7. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. TATE OF NEW YORK) SS: OUNTY OF5069144- ) 'UL I.• efil714-oo being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, )He is the A49Pr (Contractor,Agent, Corporate Officer,etc.) said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; at all statements contained in this application are true to the best of his imowledge and belief;and that the work will be 1-formed in the manner set forth in the application filed therewith. vorn to before me thisins-,-- 1 Z_ day of f/ns- sem .00 �" ACW ®, ,; ', otary Public ® grit-Uwe o Applicant JOYCE M.WILKINS Notary Public.State of New York No.4962246,Suffolk County Term Expires June 12, Oaf ; For Office Use Only Fee$ `too 3 Z6 0` Assigned No. ,j/31. 470 TOWN OF SOUTHOLD,NEW'YO K F•ry APPEAL FROM DECISION OF BUILDING INSPECTOR anuar J2002 DATE OF BUILDING INSPECTOR'S DECISION APPEALED: x•-•2•� John C. and Margaret G. Biggane TO THE ZONING BOARD OF APPEALS: I (we)by James E. Fitzgerald, Jr. (Appellant) of..2O..BAx..b1.7....0.-tat.Ck1,4.g1A9 HY 11935 (Tel # 734-5800 ) HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DATED :1.125/02 WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ( ) Permit to Build ( ) Permit for Occ panty ( ) Permit to Use (X) Permit for As-Built ( ) Other. 1. Location of Property 8879...OxegQxi .ROas QutchogueZone R-80 District 1000 Section..85.•..Block..I Lot(s) 3 - Current Owner John & Margaret Biggane .... 2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection and paragraph of Zoning Ordnance by numbers. Do not quote the law.) Article .SIS. Section 100- ..33....Sub-Section C 3. Type of Appeal. Appeal is made herewith for: (y,)A Variance to the Zoning Ordinance or Zoning Map ( ) A Variance due to lack of access as required by New York Town Law Chap. 62, Cons. Laws Art 16, Section 280-A. ( )Interpretation of Article Section 100- ( ) Reversal or Other: 4.- Previous Appeal. A previous appeal W (has not) been made with respect to this property or with respect to this decision of the Building inspector(Appeal# Year ) REASONS FOR APPEAL(Additional sheets may be used with applicant's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: See attached sheet. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( ) Yes, or ( ) No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box if USE VARIANCE STANDA-• - o • - • • . Sworn to before me this (S •n•ture of Appel j•-r or Authoriz-"d Agent) ZCvt hda of .P:'j& 202 ( • -nt must submt thorization from Owner) ofary Pu ZBA App 08/00. SONNWE W. MAZZAFERRO NOTARY PfJBUC. State of No✓a York N;,. 52.067612 n"utttl„ County ,Conmissssn Zxprea Applicant:John and Margaret Biggane REASONS FOR AREA VARIANCE: 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby properties,if granted BECAUSE: The tennis court is situated in such a location that the only"neighborhood"consists of the house on the property immediately to the east, and that house was purchased by the present owner when the tennis court already existed in its present location.Both houses were re- cently and concurrently constructed,and so the"neighborhood"has always been the way it is now. 2. The benefit sought by the applicant CANNOT be achieved by some method,feasible for the applicant to pursue, other than an,area variance BECAUSE: The length of the south property line is such that any location on the property would not be acceptable under the zoning regulations. The short dimension of the tennis court is 60 feet. The required front yard in this R-80 District is 60 feet and the required rear yard is 75 feet. The south property line is about 146 feet long. (It should be noted that the Building De- partment has designated the portion of the property bounded by the east property line as the front yard for purposes of the disapproval issued in this case by reason of the fact that the designated right-of-way enters the property on that side.) 3. The amount of relief requested is not substantial BECAUSE: If the variance were not granted the property would for all practical purposes become un- buildable with specific regard to the tennis court. There is no location on the property,other than that proposed, which could be a site for the tennis court without the expenditure of a significant amount of money and the regrading of the property in a most unnatural way. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: The only possible environmental impact might be an increase in run-off because of the all- weather surface of the tennis course. This potential impact has been resolved by the pres- ence of and/or the installation of adequate drainage facilities and features. The tennis court has no physical impacts on the neighborhood. 5. Has the alleged difficulty been self-created? (X)Yes ( ) No 6. This is the minimum that is necessary and adequate, and at the sante time will preserve and protect the character of the neighborhood and the health, safety and welfare of the commu- nity. STATE OF NEW YORK) COUNTY OF SUFFOLK) OP/ / 41/1 Or* rte!' es E. Fitzgerale 'Agent roper-T Permit Se ces Sworn to before me this "1-1\ day of MKC..1\- ,2002. Notary Public BONNIE W. telAZZAFERRO NOTARY PUBLSC. State of Now York No. 52.4667512-SSYrak Revolt/ 600imfsster Expires$3\31abletr— Q TOWN OF SOUTHOLD PROPERTY RECORD CARD , OWNER STREETces% 1 ( VILLAGE DIST. SUB. LOT m g p y 1 • Y FOR tt�}Cki C, 'Y‹, 40I { I``ec,, b�4s (1 1., +a. Fs ,,-,,, 4C �1 c`, "' MER/ONER N I �� E ACR. S W TYPE OF BUILDING @p 4. d � ' t J C C i,..)(O I CS k 4 4 ,„`0"„``0” r -' _;F 1 ,5. 'Z-( t) SEAS. VL. f '" FARM COMM. 0. MICS. Mkt. Value " LAND IMP. TOTAL DATE REMARKS „`.), inpissonaiimen A; ,i s ,r 7s6 /4DO— Le0 , ao, A , Pt . t+' V ' 'I . `+ V - i > ,. Pte'"` IMINIPAralla i tt fi .ak � " I. I. �JwOteraP) l i OD ' ZJI-Cw4IINIs Ut/'.' �I `tl .off-�.. Y/�.. r� ®/t� �/ I / r Ell — ill Ell r Tillable FRONTAGE ON WATER R 6i o -.. Woodland FRONTAGE ON ROAD Meadowland DEPTH 4 zit House Plot BULKHEAD Total k !vx.'°t' sut`ft/ 2Ci e ; .es1 e � F 4, a"". �x � --L -� e d� Y ' of 7 Pa • Cw h / 3 4 0, 'P e 9 s , n,':tF. 'v: l#- .! a 11 .,__.,,,...,, tA-c IfrsttL4 I nr .24 S ,3 ti7_ tic rt i - 9 7:3, XZ 61 83-1-34 02/02 — -- 'roc K 1 _ z�r I ,- ( 26 f Jr�� Foundation AJC Bath A. Bldg. � L Kn5?)c) Basement ruff Floors aR v . w iia --- ;xtension — 24(35--- -1c> '^ Ext. Walls Ignill Interior Finish :xtension P��= s- Y,vr>= Nog) _ -- •. ,.; >4 i 25 t0 skF! Fire Place t,r,asstu-e-s • : :xtension 13 X \4-- 't.% 2- 3 zK 3 = 7 7V24 : Lo M 1111 Sp 24. 1 Pool Attic 12 rr,4- .\?.,. r- no2142.- -- orch a�� = 3 r f - e_o ---i}cr 7 4i x 7 - 2% 3-t ( n 2-%)1 Patio Rooms 1st Floor IIM . c.R� S nn ia? `" '. pec *_ ' Driveway Rooms 2nd Floor -7,4.6v7�A� „‘ ,_ r. . S, c ¢� ..„,, 3 reezeway 3arage 249,a 2,'# , (QO &z5 2rzt2 3. B. (cc. / _ illa .x-01- co 0.)3rou��.: ) sP.csr auOD aa,la ir\ Knj'T'a' �eSi Eo 0 .,. em‘-‘ F1 (' w SURVEY OF _- =._ I 7Lor 2 '__ V6ThIN A MINOR SUBDIVISION SSL 4k PREPARED FOR HENRY DOMALESKI N1 >>. ro SO/ / CUTCHOGUE, (OREGON) 3 7. ,2o" F ti3 TO NN OF SOTHOLD y `' SUFFOLK COUNTY, N. Y. S o � O 4� ��CD4, • e Cil 5- _41.,%- --4...*,..„�'' SURVEYED FOR NORTH BA Y PROPERTIES, INC. O � v p W 33'1 • O 1' '—°p'BLUn- Via' 60 A qq�X��X2p ; lor= '5 POOL POOLS `' HEATER 65I — z ril i 60 _ 50' DETAIL N/F I BRICK PA770 UNDER - THOMPSON 75 I • '- • •'CN W/RAILING -— --- 1OO• f ••• DECKING B END ' . . y22.29.3:=�� C. BLOCK.LLS lc CONC STEPS - b `___ ArcK Love FE 2 .STOY ° 11111111114* - - E O.Y 15.: 729. 31. 4' - ►irMai: � . END - WOOD PORCH W/RAILI C ( v.• E£ LOT 1 E 0.4' U.S.G.& G. ;� P C TANK VACANT - P ° 4B. MON. ' CESSP•.. o • b 4 N BRICK Nie :0 p) NN o� COC. p�j w 4. V CONC Sta.., -A770 ASPH. - W/ WA 5 & C' CSTPS WELL m TENNIS EUNT�. CONC STEPS & WALLS BRICK PA 710 UNDER \ f,L COVERED PORCH W/RAILING ,1 L.3 ill 5 a WI 42.6' s�3:ry -� . D 1 CA SE PROPOSE!251- 1/2 T KE 15.8' KE RIGHT IF WAY 55' 17' 00" W S 55' 77' 60"i I W 145. 75' 145: 75' BIGGANE F �--N 37° 33' 40" W TM 1000-083-01-034 _ I 464.26' ELEVATIONS IN 1929 NAVD i PO ZONED: R-80 I--N 37° 52 . 10" W SURVEYED 3 FEB., 2000 1876.23' SCALE 1"=100' AREA = 89,350.066 SF OR 2051 ACRES — N 42° 29' 20" W 0o 26073' 0 Q . : GUARANTEED TO NORTH BAY PROPERTIES INC. 10 COVENANT.ABSTRACT CO. INC. TOWN OF SOUTHOLD GUARANTEES INDICATED HERE ON SHALL RUN 1 Z ONLY TO. 7HE•PERSON FOR WHOM THE SURVEY I----N 37° 22 40" W IS PREPARED, AND ON HIS BEHALF. TO THE TITLE COMPANY, GOVERNMENTAL AGENCY, 476. 75' LENDING INSTITU77ON, IF LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. . IP GUARANTEES ARE NOT TRANSFERABLE TO. ADDITIONALINSTITUTIONS OR SUBSEQUENT OWNERS . c0 _ 525f' D UNAUTHORIZED ALTERATION OR ADDI770N TO THIS TIE— R O /� SURVEY ISA VIOLATION OF SECTION 7209 OF O , 1 /-1 THE NEW YORK STATE EDUCATION LAW. OREGON E O w SURVEYED BY K STANLEY J. ISAKSEN, JR. COPIES OF THIS SURVEY MAP NOT BEARING - P.O. BOX 294 THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE NEW .SUFFOLK, NY 119.56 COPY. - 631 ,.x734-:835 dopy 1. LOCATE POURED CONCRETE FOUNDATION 5 JUNE 2000 CENSED AND S,//! YOR 2. 02 MARCH, 2001 LOCATCWELL, RETAINING WALL, NYS Lit O. 49V 3 PROP. TENNIS COURT ELEV., POOL: SANITARY LOCATION PROVIDED BY SIGNA-`URE HOMES 3. 04 APRIL, 2001 TOP OF BLUFF REMEASURED 4. 27 JUNE, 2001 FINAL SURVEY 000868 rtfjL -� 1� 0.)- COUNTY OF SUFFOLK '- _kil1 • • ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING July 15, 2002 JUL 22 ) . Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Fried, Paul and Judith 5108 Johnson, K. and P. 5115 Polacek, Clifford 5116 Cook, Donna M. 5118 Lehrhoff, Michael and Cathy 5123 Miller, John and Sarah 5126 Biggane, John and Margaret 5131 Hernandez, Jose and Ivonne 5132 Perivolaris, Michael 5135 Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G\CCHORNYIZONING\ZONING\WORKING\LD20D2 JANIJUL11S5108 JUL LOCATION MAILING ADDRESS H. LEE DENNISON BLDG -4T1-1 FLOOR ■ P. 0. BOX 6 100 ■ (5 1 6) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 16) 853-4044 r July 9, 2002 Mr. Gerald G. Newman, Chief Planner - Suffolk County Department of Planning P. 0. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. —5131 — John & Margaret Biggane Action Requested: Tennis court location, fence height and retaining wall Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By: Enclosures APPEALS BOARD MEMBERS „/i' ,%FFOL4 / 0 CQG Southold Town Hall Gerard P. Goehringer, Chairman tt • ��� d • 53095 Main Road Lydia A.Tortora t y Z P.O. Box 1179 George Horning t 1�t Southold,New York 11971-0959 Ruth D. Oliva y O�/ ZBA Fax(631) 765-9064 Vincent Orlando =�®1 * �►a,� Telephone(631)765-1809 ..�•�''� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD June 27, 2002 Mr.and Mrs. John Biggane do Mr. James Fitzgerald, Jr. Proper-T Services, Inc. P.O. Box 617 Cutchogue, NY 11935 Re: Appl. No. 5131 —Variance for Temporary Tennis Court Location Dear Mr. and Mrs. Biggane and Mr. Fitzgerald: Enclosed please find a copy of the determination rendered by the Zoning Board of Appeals regarding the above application. Please be sure to follow-up with the Building Department for the next step in the building permit application process. A copy of this determination has been furnished to the Building Department for their permanent records, and for their update regarding the Notice of Disapproval. Very truly yours, Gerard P. Goehringer Chairman Enclosure Copy of Decision to: Building Department Y I�,®�®S��FO`,tc®, ELIZABETH A.NEVILLE Town Hall, 53095 Main Road , TOWN CLERK % ® P.O. Box 1179 may, � $ Southold, New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax (631) 765-6145 MARRIAGE OFFICER : ifo �1 RECORDS MANAGEMENT OFFICER �Qd �a',el Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ��• southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 15, 2002 RE: Zoning Appeal No. 5131 Transmitted herewith is Zoning Appeals No. 5131 —John Biggane-Zoning Board of Appeals application for variance. Also included is a cover letter from Property Services, a letter from John Biggane, an applicant transactional disclosure form, ZBA questionnaire,notice of \ disapproval, vicinity map, tax map, and a survey. 7 Ju 3/4115 _ 2I Prpper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 March 26, 2002 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold,New York 11971 Re: Application for a Variance; SCTM#1000-83-1-34, John Biggane Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector regarding an existing tennis court on the property of John Biggane located at 8871 Oregon Road in Cutchogue. Six copies of each document are provided. Proper-T Permit Services represents Mr. Biggane in this matter,and a letter of authorization is attached. If you need more information or have any questions please call me. s truly, Ar /pp di10411"111 J.4.4„E. Fitzger , r. Enclosures: Application fee(check, $400) Letter of Authorization Application Form Transactional Disclosure Form ZBA Questionnaire Notice of Disapproval Survey of Property Tax Map Vicinity Map a subsidiary of THE PECONIC EASTERN CORPORATION � I 168 Euston Road Garden City,New York 11530 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold,New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Per- mit Services to act in my behalf as my agent in the submission and processing of an application for a variance to allow the construction of a tennis court and surrounding fence, and'a retaining wall on my property located at 8871 Oregon Road, Cutchogue,New York 11935 and designated by Suffolk County Tax Map No. 1000-83-1-34, and to furnish, upon request, supplemental infor- mation in support of the application. Sincerely, iC31 John Biggane • i' APPLICANT - .eRANSACTIONAL DISCLOSURE 'I SRH ,The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the cart of town off• isers and employees . The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same . YOUR NAME, JOHN BIGGANE (Last name , first name , middle initial , unless you are applying in the name of someone else or other entity , such as a company . If so , indicate the other person ' s or company ' s name . ) NATURE OF APPLICATION: (Check all that apply . ) Tax grievance Variance X Change of zone Approval of plat, Exemption from plat or official map Other ( If "Other, " name the activity . ) Do you personally (or through your company, spouse, sibling , parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If - you answered "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her spouse , sibling, parent , or child is (check all that apply ) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation ) ; B) the legal or beneficial owner of any interest in a noncorporate entity ( when the applicant is not a corporation ) ; C) an officer, director , partner , or employee or the applicant ; or D) the actual applicant . • DESCRIPTION OF RELATIONSHIP Submitted this ,eg qday of A6 '49°-9"Ja`` 11 Signature - ,e_.0-72// Print nam JOHN BIGGANE r+olotrmcly 'i:r, b4 - • /„A, a D ' Ail'. Duck Pond Pt .N•.0 N%`;. ,P 9,,\ %.,,, h i 1,,,,, 4• ,.‘ ( . .4 4., C • P P ‘ ,.4,4,„ P E C E 10 THE AREA OF THE PROPOSED i� 11958 PROJECT IS CIRCLED is- : +,r 1193 y� .HOGUE ,,"5 4 P jTTITUCK N,,., EAST te111141..a1111111& , L. c . `'� " CUTCHOGUE , -� kF • f. ... ... • i_iH `V� n5 6,,,,. ..f. ,..6111.: 4r,�� 1} `�2 .� Po D `� ,4 a [TOMB 1 1\1C,/J�, Vis` _ ; \\ --ii 110 o; m. +.. Clog g a) ,ri s __ 11 z im (�,3i s oo• 41 r�a{tab i 1`,.� -�-""_. :Ji. ,:. •p":� s+ � /laywtEtr alita AV r Gussotk r. a �;!... F i r• ♦ 'Y.� F t ` q Nim"` NOR FORK �' ,Marsh P! .4' I. _ _ age I 1 0 ar 'COUNTRY w��l 1 IDn a k fo"mak 5 Mumma. •� �_? ., °d�' ilfir I. oy G� r CLUB s6b Ct 1 C. 44 �,,� AIRPORt ° I t #.,. •��� '��,r '� '� CUTCHOGUE :l i U r%.‹!, I 1 HARBOR / nc� Old Core ro a� . °-°p5� Y.C. c ; n i 1 o a u ll Marratooka Pt .4 o ; RLn2Ogen' ` N41N • VNU nnet •� ks.N 013013 r and N 1 174)4344'P ' NEW SUFFOLK • VICINITY MAP Application regarding the property of John Biggane,-SCTM#1000-83-1-34 ' Represented by PROPER-T PERMIT SERVICES P.O.Box 617,Cutchogue,NY 11935 James E.Fitzgerald,Jr. 516-734-5800 January 10,2001 11 SOUND . 13.4 6.2 SCH.D.9 F.D'•` _`0 S40pES�ME02•, A 2.3A(c) £ 1351.4A(c) 1.1A(c) 7.5 J 2.3A(c) 4jcI,j 7.2 T. '4' 1,Bn 2.514c) 2.80 i 4.' a c1 `114r 7 e 4 .. '° ve2 '811,• I, 9 12.310p1 R ,+ :° 0 12;6 s a 414 '4 4?e o- *,5% w 4 9 R ,n 17.2 .es 0� m 29A �0 u L Y.4' . 4,`r N:s y `.. , k 4 8 4rti Qe,, 4, . . ,...„ %•x "r O 1. • , ti° w 4 s ` '/88 S aV.�'' i 4..B 4e i r Q yA 4 Civ .1:' R a,t,." , sCi �s, y ti , 4. y ^,4.- 8 Cs . ry' ,4, 4 ,9ti 4L;o �QW s, Y V 4' 6 ° � c R �. � � R9 8 ° 1.4•(c) 040 'r is[l ---------:----- ---- ---# iit. 4 s ''' , 4 of ' rei, Ilk; R ^ 4' \ 3 • °O n 9. THE SITE OF THE PROPOSED 8u, PROJECT IS SHADED '' 4 .`'46' 4. �, K 3 pvY R ti o, 44 rg ° ,,y, A 7 P N b !7 9,y,2 32.3 29.71(c) • TAX MAP Application regarding the property of .. John Biggane,SCTM#1000-83-1-34 Represented by PROPER T PERMIT SERVICES P.O.Box 617,Cutchogue,NY 11935 James E.Fitzgerald,Jr. 516-734-5800 January 10,2001 r .. • QUESTIONNAIRE 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. ) John C. Biggane Co-owner Margaret G. Biggane Co-owner B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( }' Yes ( )( } No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? C } Yes (x} No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland are shown on the map submitted with this application? E5 3. Is the property bu . eaded- between the wetlands area and the upland building area? No 4. If your property contx ns wetlands or pond areas, have you contacted the Office of the IpinTtustees for its determination of jurisdiction? I E. Is there a depression or sloping elevation near the area of -proposed "onstruction at or below five feet above mean sea . level? Es . (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist an are not shown on the survey map that you are - •submitting? QN E. If none eaiht, please state "none." G. Do you have any construc, t}.on taking place at this time concerning your premises? Na 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? 'J If yes, please explRin&where or submit copies of deeds. T. Pleaseiz present use or operations conducted at this parcel M2l VATS, eESIAENVE. and proposed used f. . 4. , (.#4z7- Au •• ed. Too - '' ,, - an .. e it 3/8 • 7.0/901k * John C. and Margaret G. Biggane are also , co-owners of the property to the south, SCTM #1000-95-1-11 .2. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/15/02 Receipt#: 2979 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 2979 Total Paid: $400.00 Name: Biggane, John 8871 Oregon Rd. Cutchogue, NY 11935 Clerk ID: LYNDAB Internal ID:52815 O FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: January 25, 2002 TO: Jack and Margeret Biggane 8871 Oregon Road Cutchogue,NY 11935 Please take notice that your application dated March 13, 2001 For permit for construction of an accessory tennis court at Location of property 8871 Oregon Road, Cutchogue,NY County Tax Map No. 1000 - Section 83 Block 1 Lot 34 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article III Section 100-33.C.,which states; "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard,provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code." Principal building setback,per Southold Town Code, is 61 'eet. The accessory t court is shown at 16 feet from the front yard line. I Authorized Signature Cc: File, ZBA • r \x 1(J'' _.LEGALNOTIC):'- STATE OF NEW YORK) V .,:.SOU`PHOLD TOWNsB ARD OF- • )SS: APPEALS __ .e 13.RSDA J' zo,2002 COI 4TY O SUFFQQLK) CE ILICHEARINGS --- - �i�„ ,t) ,,J��29�� of Mattituck, in said gvcA:TS IIEREBX.C,IUEN,,pur want.-to,Section-267'of the'Town Law.; county, being duly sworn, says that he/she is Principal and,Cn ter 10 '(Zoni4 ;Code °” - clerk of THE SUFFOLK TIMES,a weekly newspaper,pub- ,latvri,ofMSquthold-`th following'ap lig ao ''ears ng lished at Mattituck, in the Town of Southold, Countyof �"bations-,wil1`;iie kieard'at+�pub'Itc'liearizlgs`;: '"=by,the,SQU QL D''.TQ i,1t O.RD Suffolk and State of New York,and that the Notice of which ,s';OF ;PPEA;I S.at;the Town;Halllu53095., •Mair;;.Road Southo d;yr ew':York;11971;:` the annexed is a printed copy, has been regularly pub- :VonThursday,�Juii-e*2002,,atthetimes lished in said Newspaper once each week �gin`oted`=below`-(or;.as';soo '--46a, s=I :,p i ;7'S' ` ,:,�__ `.,;',7;,..:?...„..-,,,,,,,,,,,,,,,,,,7; .>_' for weeks successively, commencing b s life Wa6:20 p.m.';141.No..5'135.''Michae0I on the �'.0 day -an Kai, 3r erivolaris=This:0—e tient•° S,y°,.., q ,,,• of �ii�� 200Z,",_fpr;a ariance ii ia'eiZSection`=100n244B;'; based on,the,Building`Department's ! _ t"March 4 2002-Notice of Disapproval to " dt ,enclosek�au;existing;-pQtchi 74.1ich,has,'a "Trout yard,setback;:of:less'>than'+35'feet.„ ' Pnncipai Clerk =Location?of Property:11'55 Love'Lane y Mattitie.k;x'Parcel1000=1;40::,,nio :''- :;= � "625sp.rn;;Appi.'No.5132 Jo ` seanide Sworn to before me this l7 0 IvonneHernandez.This;is a request;for day of / 20(}�— '>'a VariancYder;ecuon.100 33,�.based t}ri`tt e ;u lding:D"epartment s Marc]2,".- g. AnA--d.01.4.,CAAAA. 2002'Notice"Of Disapproval tolocate nilii - accessoryrgarage'inan area otlherthann At'. LAURA E. BONDARCHUK i;>.hrerar yardd I gs tion of P perty';:2295.0`�: Notary Public, State of New York Main'Road;OVitent;;Parcel'.11000--1'8'.-5- , No 01 B06067958 p' 1 w ilVIga�- :;r - . : , ;. in Suffolk County ,.M.�.,;�,- `��; .;,.,z�..�:�,�_,. " `�•,. Qualified ;r 635`.p.m.;Appl.No. 5.130.-Clifford. My Commission Expires Dec.24, 20OS— `•.and=Regan Batuello;This'i .s°a'equest fori' - _ '''a Vanatice ui der;Section'100 33 based. - - 1.',.on';'dhe"%March -7,-.2002x:Notice'of r"<Dsappr-oval=•'to locate'an accessory'' 'swimming;pool in;an-arearother'-_than'a" - • 'rear'yard::.Location'Of:Property:'..T725. iAlv.,ah'sr,Lane,Cutchogue Parcel•.1000-� ° `109.-24.l.-?;$,- .y'''a:'.- .: '•-;`-,f,:~`_; , .6;40;-p.m.•dAppl kNo.t.,,41r31.<;John,C.; / ` and MargaretBigganeTtiia is=`a'request" ` v.'arid "based-on the:Building:Department''sF p i,:dani.i40-2'S,2002=Nptic-e'nfDisaiikriO at, i "foka::pposed,-tennis.cort,at-e an^ ,� di .;treN fr6iitilPfWtin p , , c � ,R1 . itE Ff'f %io',: f'lnafon jardiatei:.9catno : -:Property `-.':8871;... Oregoh„PKr';:`',Road,: ."G rutcl ogue;':Parceli��1,000-83:-.1,=34. ;7. :6 50-p:m:Appl No:?5.133 :Peter and'1 Mary Jacques:-ThisWis';ra:-request:-fo`r°:a Variance-underltheBulk'YSchedule-and e "Section,100:91.„based Ton the Butldiiig; `D,epa ment';sMarchN21,x,002=Notice`of s;, ,er,D,isapproval°which.:states”tl at-a;..potatk :;contractor; usiness-use=j`snot•permitted 'in->this;,Hle amta usinesa Zone District:-° lso;;'iiofed'i=,lie disapproval•is code;,r y`-reijpiretileat''finder tb- Bu'lk Sclieddle;of ,P10#0, 'sq.=-ft;of Clot•-area',for each<•use;?^' 1'tt..arid'='thissclot contains 21,780'scj.ft�witli' ;tv '^:^ o`xpr'incipaal ouses,rproposed: ' L'''ocation ::4ifhProper :..13,000 Routek 2 :(Main;' , •TFRoad) aMhttitucic;;'Parcel'`-c4 -,:z ',;='b^55.p.m.App1,;'No„5,118::DonnaM. ',Cook�Ihis-i --akrfeques[fora`Variance•:,. «`;under",-.S'ecti'on;1'00=244B,,based'on'the:. 'Building.3Depaittrient's;March 3=2002"^ No,tic.41ro0.I4sap'pioval concerning',:the,•, T--location ofxa'1.zjew addition with�ir�suifi-ti _ _ - cient,;fronts and side,yard;setbacks z; - `-Location ofd Property::,,6900,:'.NMt4- ,°�`°Bayview"`°Road;'S'outhol'd;'Parc`el'I:6967-'2'j X78=;6�8,0c27 ., ,;:::';',,c:::-,,:,-',;,r •. ,_.., `t;.r7 00 p iY.Appl'-No.5.126-Jolin,snd< '; isir ler.:Ths:sY. ;re; ues:rforace ak , -• ''V!arance;;undeSecion-6 0A3 , r , i''; based 9titheBuilding. epartnunt's_;, « nitu 'r , , ; , 1' d .; ,P4, 2002i`1 ^o(.:D appiow \ •coffice iiaddtonsa idarationfz.', E < h ;,teaso14:7 :ttie-froit'yad;seb s� ' wilnocfoii'i,ohe, odepeqir : ~inen ,Laonof irpitys`12Bdge.* a640, caguaP oei'i10 - 18r:+y1 .184 :.g.a.eer.�.:k`rk.xL-..4.'tlk„`'4-."-Frf.:e:tfysv, f ,L ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK 2 I . )2 In the Matter of the Application of t John AND MARGARET BIGGANE Regarding Posting of Sign upon Applicant's Land Identified as SCTM #1000-83-1-34 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue,New York 11935, being duly sworn, depose and say: That on the 10th day of June, 2002,I personally placed the Town's official Poster, with the date of hearing and the nature of the application noted thereon, securely upon the applicant's property, located ten(10) feet or closer from the street or right-of-way(driveway entrance)— facing the street or facing each street or right-of-way entrance; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, June 20, 2002. Dated: June 20, 20020111 / 4e• fresAPY J es E. Fitzgerald, Sworn to before me this 20th day of June, 2002. ,.\\)\11;5‘), VN •Z \\1/41 Notary Public BONNIE W. WiAZ2Af ERRO OVARY PUBLIC.State of New yorh No.52407812 41214 Coa�4fY�` Commksiion Salim<312 U.S:Posta ervlc= CERTIFIED MAIL REC • (Domestic Mail'Only;No Insurance Coverag-.Qt%[Ta- Er 'HO Ct.ULU HT:, n�14 b ate' 0°34 UNI— le 0935 L1") Postage $ - -- Certified Fee "10 1 i, i� \`U Pb--14`6 (Yl Return Receipt Fee 1°�� - `v ` a"- (Endorsement Required) trg,1R; O Restricted Delivery Fee i\ W Q h O (Endorsement Required) _ O Total Postage&Fees $ J°9u �4 t� '/' r r9 Sent To �ar_a__l�ari T,h.Qang,5 on 1-q Street,Apt.No.; or PQBb Jilo.Bank oL___ wa jJ. Suite #3 0 6 y, CitSf/titilu HI 9 6814 U.S.Postal ervl - CERTIFIED MAIL RECEIPT Domestic.Mail On! •No Insurance Covera•-w.-e•vi•e. I-u�' Q' { )( Y.' » {( cexJ. r< r if U (f k w cr u„ GAttrEN t;iTY t NYS 1530 . .::-� 0.57 L ;. Postage $ k$S G C m ` Certified Fee IMMETA. G� 1.50 VV Post F. m Return Receipt Fee H. : '4 im (Endorsement Required) I leY�sp.,1 0 Restricted Delivery Fee L. O (Endorsement Required) O Total Postage&Fees O Sent To John C and Margaret G Biggane Street,Apt.try�tl No.;,� orf8 Sox tan..AQ d N C' .Staleri°City NY 11530 ERTIF ED'MAIL'' — Domestic Mail Only; No Insurance Coverage. to oma— NEE;�'OR NY' f0028 ll A .... , 0°34 UNIT Ill: 0935 Li, Postage $ O /� tm Certified Fee 2.10 GUTcl� j°5(} Post m Return Receipt Fee Here Co (Endorsement Required) ft.:, IN FO EU O Restricted Delivery Fee .p O (Endorsement Required) CO Z 0 Total Postage&Fees $ 3.94 'C N ra Sent To 5te3\ a Jose Suquet im Street,Apt.Ne'-[ E 82nd Street cm Ctry,State,ZlVAw York NY 10028 PS Form 3800 Janua 2001 See Reverse for Instruc i i ■ Complete items 1,2,and 3.Also complete .I ature item 4 if Restricted Delivery is desired. • r ❑Agent • Print your name and address on the reverse : ""�- ❑Addressee so that we can return the card to you. ceived b Printed Name) Date of Delivery • Attach this card to the back of the mailpiece, J f�f n rf r t rni or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: El No John C & Margaret G Biggane 168 Euston Road 'Garden City NY 11530 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7001 1140 0003 5305 9962 .(Transfer from sernce label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-083; UNITED STATES POSTAL SERVICE First Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box d PROPER-T PERMIT SERVICES Pest Office Box 617 (''-tchogue,NY 11935-0617 jj , iiiiiinit jiilfififfiijj iii{{iliifii? 1 1914: 1 1JlAI I.11:1-14•11L.l. o OR i7d/0144Pl4:l' • Complete items 1,2,and 3.Also complete •gnature item 4 if Restricted Delivery is desired. 4 I ❑Agent • Print your name and address on the reverse X Ag1 ■ a ddressee so that we can return the card to you. by(Printed Name) D. e of D, iverh • Attach this card to the back of the mailpiece, or on the front if space permits. ,� r Ae,4i�S` / D Is delivery address different from item 1? id Yes 1. Article Addressed to: If YES,enter delivery address below. ❑ No Sara Marie Thompson c/o Bank of Hawaii Suite #306 1441 Kapi o lani Blvd 3. Service Type Honolulu; Hawaii 96814 Wertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C O.D 4. Restricted Delivery?(Extra Fee) 0 Yes 2 Article Number : , 7001 1140 0003 5305 9955 (Transfer from service label) _-_ PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-0835 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box ° PROPER-T PERMIT SERVICES Post Office Box 617 Ciatchogue, NY 11935-0617 ZONING BOARD OF APPEALS r-,--,,, -q© ,,-- f; fg ir TOWN OF SOUTHOLD, NEW YORK 0 In the Matter of the Application of j!'W JI=LN 2 9 21!L ilil JOHN AND MARGARET BIGGANE Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM #1000-83-1-34 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue,New York 11935, being duly sworn, depose and say: That on the 4th day of June, 2002, I personally mailed at the United States Post Office in Cutchogue,New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, true copies of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Dated: June 5, 2002 / �Ar froy . r es E. Fitzgerald 5 Sworn to before me this 5th day of June, 2002. Notary Public r\0 wt,....--6-----•' NOTARY PUBLIIC,R State ERA ofV New York No 4853108,Suffolk County Commission Expires February 18,4G7 Received May-22-02 11 :43ami from 6317659064 -r PROPER SERVICES page 2 05/22/2002 11:27 6317L__s64 ZONINGAPPEALSBOARD : PAGE 02 I, ii ;I LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS Thursday, June 20, 2002 Public Hearing NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 20, 2002, at the time noted below(or as soon thereafter as possible); 6:40 pm Appl, No, 5131. John C. and Maroaret Blame, This is a request for a Variance _ under Section 100-33C, based on the Building Department's January 25, 2002 Notice of Disapproval for a proposed tennis court at less than 60 feet from the front lot line when located in a front yard area. Location of Property: 8871 Oregon Road, Cutchogue; Parcel 83.-1-34. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of the above hearing. The hearing will not start earlier than designated above. This file is available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: May 21, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (Tel. 831-765-1809) I _ ;r JOHN BIGGANE: ADJACENT PROPERTY OWNERS 1000-83-1-33 Jose Suquet 22 E. 82nd Street New York,NY 10028 1000-95-1-10 Sara Marie Thompson do Bank of Hawaii, Suite#306 1441 Kapiolani Blvd Honolulu, HI 96814 1000-95-1-11.2 John C. &Margaret G. Biggane 168 Euston Road Garden City, NY 11530 FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS ✓ LABEL APPS# 5 ASSESSORS CARD (7 COPIES) NAME I, ��L. CTY. TAX MAP (7 COPIES + 1) CTM# f ( ,i - --32{ INDEX CARD (ATTACH OLD) TOWN �/ , i ✓ LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS ✓ SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION \ � I r ! (N LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS Thursday, June 20, 2002 Public Hearing NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 20, 2002, at the time noted below (or as soon thereafter as possible); 6:40 pm Appl. No. 5131. John C. and Margaret Biggane. This is a request for a Variance under Section 100-33C, based on the Building Department's January 25, 2002 Notice of Disapproval for a proposed tennis court at less than 60 feet from the front lot line when located in a front yard area. Location of Property: 8871 Oregon Road, Cutchogue; Parcel 83.-1-34. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of the above hearing. The hearing will not start earlier than designated above. This file is available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: May 21, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (Tel. 631-765-1809) OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.Kowalski(aTown.Southold.ny.us or Paula.QuintieriTown.Southold.ny.us (631) 765-1809 fax (631) 765-9064 �a) 13+-747163 May 22, 2002 Re: Chapter 58— Public Notice for Thursday, June 20, 2002 Hearing Dear r am: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with the above sketch or survey showing the new construction area, or details of your request, by Wedneday, June 5th to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. When picking up the sign, a $15 check will be requested for each poster (or metal stand if needed) as a deposit. Please post the Town's official poster/sign no later than June 13th. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) The sign(s) must remain in place for at least seven (7) days, and should:remain posted through the day of the hearing. If you need a replacement poster board, please contact us. By June 17th, please either fax or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. The original Affidavit is due not later than the date of the hearing. Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the hearing, if possible. If any signature card is not returned, please advise the Board at the hearing. These will be kept in the permanent record as proof of all Notices. By June 19th or 20th, and after the signs have been in place for seven (7) days, please submit your signed Affidavit of Posting to our office. A copy may be faxed to us, with the original furnished during the hearing. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures (4/3 Zoning Appeals Board and Staff P.S. Please pick up the poster sign between June 3rd-10th between 8-12, or 1:30-3. Thank you. • 1,g -n.�, ds/,-31 f3-/-3 6 £▪ Re-20-9 �� �I� A S DD 22 96 (f I, 01-20-90 $ \ , / ay pfi x looxxlw '- MATCN IO 9. SOUND f'aG�4R 0 0,9 '{ .• {s4os w ® {50 %�.. -111111111.. �.D. ,!y�y IJ�/J� —IR-. ID XJ—/`F Z �U A s�'sc.<`"o IJ illISCH.D.9 F.D. S �aOUYE y� 27AIe1 vs \r.W' `�# ' 9' LaA1G 7.2 '4,, - JVV {B 25AId 4pr 2z,(G0 Ate 94‘ '../ j°019 / . 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