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APPEALS BOARD MEMBERS "" �i'''gUfFOL� �,i,ANO COG Southold Town Hall Gerard P. Goehringer, Chairman I ya : 53095 Ma n Road Lydia A. Tortora ty Z P.O. Box 1179 George Horning ^* ��� Southold,New York 11971-0959 Ruth D. Oliva t •est ZBA Fax(631) 765-9064 Vincent Orlando %-124 * '4�.i'� 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. 5116. Clifford Polacek. d_ Property Location: 2905 Westphalia Road,Mattituck; Parcel 114.-100,11. g BASIS OF APPLICATION; Building Department's March 6, 2002 Notice of Disapproval for the reason that applicants' proposed additions and alterations which will not conform to the front yard setback requirement and which exceeds the code limitation of 20% lot coverage for all building area AREA VARIANCE REQUESTED: Applicant(s) is/are requesting a Variance under Sections 100-242- A and 100-244 to allow for the location a 7'6" x 15' bathroom addition at the easterly front section of the dwelling, set back at not,less than 26.3 feet from the front lot line. (Also see plans disapproved by the Building Department on March 6, 2002.) 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: The applicant's property is a corner lot of 22,047 sq. ft. in area, having a frontage of 124.73'feet along Westphalia Road and 174.64 feet along Deer Drive in Mattituck. The lot is shown on the Map of"Deer Park" as Lot No. 19, and is improved with a single-family, two-story frame house and garage (location information confirmed by a March 27, 1990 survey prepared by Young& Young, L.S.). REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-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 small addition maintains the established front yard setback of the dwelling and does not reduce the side yard setback. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The new construction does not extend closer to the street than the existing dwelling and does not reduce the side yard setback. 3. The variance granted herein is not substantial and is 113 sq. ft. of new area for a bathroom extension; 4. The alleged difficulty has been self-created. The dwelling has existed in a nonconforming location for morathan 40 years. The addition does not change the side yard setback. APPEALS BOARD MEMBERS SQFF04 '; o' '0 Southold Town Hall ,sy4 G . Gerard P. Goehringer, Chairman �'j 53095 Main Road Lydia A.Tortora y Z P.O. Box 1179 George Horning ��� Southold,New York 11971-0959 Ruth D. Olivay� - ZBA Fax (631)765-9064 Vincent Orlando 49j .1a..i� 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. 5116. Clifford Polacek. °�` � Property Location: 2905 Westphalia Road,Mattituck; Parcel 114.-10A1./d BASIS OF APPLICATION: Building Department's March 6, 2002 Notice of Disapproval for the reason that applicants' proposed additions and alterations which will not conform to the front yard setback requirement and which exceeds the code limitation of 20% lot coverage for all building area AREA VARIANCE REQUESTED: Applicant(s) is/are requesting a Variance under Sections 100-242- A and 100-244 to allow for the location a 7'6" x 15' bathroom addition at the easterly front section of the dwelling, set back at not less than 26.3 feet from the front lot line. (Also see plans disapproved by the Building Department on March 6,2002.) 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: The applicant's property is a corner lot of 22,047 sq. ft. in area, having a frontage of 124.73 feet along Westphalia Road and 174.64 feet along Deer Drive in Mattituck. The lot is shown on the Map of"Deer Park" as Lot No. 19, and is improved with a single-family, two-story frame house and garage (location information confirmed by a March 27, 1990 survey prepared by Young& Young,L.S.). REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law 267b-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 small addition maintains the established front yard setback of the dwelling and does not reduce the side yard setback. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The new construction does not extend closer to the street than the existing dwelling and does not reduce the side yard setback. 3. The variance granted herein is not substantial and is 113 sq. ft. of new area for a bathroom extension. 4. The alleged difficulty has been self-created. The dwelling has existed in a nonconforming location for more than 40 years. The addition does not change the side yard setback. ,,(�_� x Page 2—June 20,2002 `'6f n ZBA Appl.No 5116—C.Polacek 1J \j Parcel 114.-10-1 Polacek at Mattituck 5. 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. 6. Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of a bathroom extension, 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. 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 (Chair n , Torto Hor ' g, 0 ' .. and Orlando. This Resolution was duly adopted (5-0). GG:vo:lk -ard P. Goehringer, airman .-25-02 RECEIVED AND FILED B THE SOU, / THCLD TOWN. CL .,s DATE /el-lted 0'— HOUR. Town Clerk, Town of Southold J(71/n 4 1 v GU)7'I / oL �'-=-r� /t?/�-1R�/ /J�� fit-er.. 0 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); 8:00 pm Appl. No. 5116. Clifford Polacek. This is a request for a Variance under Section 100-242-A, and 100-244, based on the Building Department's May 6, 2002 Notice of Disapproval concerning proposed additions and alterations which will not conform to the front yard setback requirement and which exceeds the code limitation of 20% lot coverage for all building area. Location of Property: 2905 Westphalia Road, Mattituck; Parcel 114.-10- 1. 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) ri ; I I I I 1 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 6, 2002 TO: Roy Stakey A/C Polacek PO Box 217 Aquabogue,NY 11931 Please take notice that your application dated March 5, 2002 For permit to make additions/alterations to an existing single family dwelling at Location of property: 2905 Westphalia Road, Mattituck, NY, County Tax Map No. 1000 - Section 114 Block 10 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to a non-conforming single family dwelling, on this non-conforming 20,996 square foot parcel with two front yards in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing, non-conforming, single-family dwelling has a front yard setback of 26.3 feet and the proposed construction will maintain the same setback/ Therefore, the proposed addition/alteration is not permitted pursuant to Article XXVI, Section 100- 244,which states that non-conforming lots between 20,000 and 39,999 square feet in total size require a front yard setback of forty(40) feet. Total lot civerage, following the proposed addition, will be maintained at the existing+/- 8 percent. Authorized Signature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. DUll,D1tVG DEPARTl +'NT ou have or need the following,before apply TOWVN HALL Board ofHealth S OUTHOLD,NY 11971 • 3 sets of Braiding Plans TEL; 765-1802 , Survey PERMIT NO. . Chuck • ' Septic' Palma • N.Y.S.D.E.C. ' ' Trustees Examined ,20 Con,taet:• • Approved ,20 • Mail to: Disapproved a/c . . O L • • ff • . /64:___ A) . .Phone?�. .�-—3 d 1 • �� � IT) r Il T 5 l • 13u7ldmgInspector , • ff r; ^:.'R 5 2002 ";':' j . APPLICATION FOR BUILDING PERMIT . ' ;wri J!D ' , . ,INSTRUCTIONS a This application MUST be completely filled in.by typewriter or in ink and submitted to the Building Inspector with sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and ofbmldmgs on premises,relationship to adjoiningprem res or public streets < areas, and water ways. c. The work covered by this dpplication may not be co*Imenced before issuance of Building Permit. d.Upon approval of this application,the Blulding Inspector.wlfl issue a Building Permit to the applicant. Such a peim shall be kept on the premi ses 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 Occupa is issued by the Building Inspector. i . APPT,TCATION IS ICY MADE to the Btu Depart for the issuance of a Building Permit purse int 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,actions,or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws,ordinances,b-rg-ling code;housing code,and regulations, and to admit aoth orized inspectors on premises and in building for necessaryinspections. • ( ; -of app1ct o .:a-,if a corporation) • to ,y-'2- ( 7 / -7'e,, ,e id 5-vzi VK, • • ' . '(Mailing aclilross of s cant) / ( 23/ State whether applicant is owner,lessee,'agent, architect, engineer,general contr electrician,plumber or bml dor • 40 kt Name of owner of premises • 1 ' p0/ C'e/c, • (as on the tax roll or'latest deed) If applicant is a corporation, signature of duly authorized officer - (N -m e and title of corporate officer) Builders License.No. 3 ?I . Plumbers License No. 3 1 g 6 P • Electricians License No. 3 0 17, . Other Trade's License No. . ' • f j c 1. Location of land on which proposed work will.be done: �, q 05" .idesYip 44 it,a U lis h7`v ��-y House Number Street • • Timet • County Tax Map No. 1000 Section ' i'tr • Block • / b • • •Lot I Subdivision Filed Map No. ' ' Lot - (Nae) • i y • ., ..- • 2. State'extstiiig use siicl:eccuPancY ofp� * i> d ruse and ocx au of• ed cons motion." . a Existing use and occupancy .,J ' b. Intended use and occupancy (/'�' • F�� 3. Nature of work.(ch eck which applicable):New Budcliri Icon 1� Alteration Repair R-emoval Demolition Other Work 71 (Description) 4. Estimated Cost J O v O O Fee t/ (to be paid on fling this application) 5 If dwelling, number of dwelling emits Pte.-- Ntunber of dwelling twits on each floor If garage, number of cars • . 6. If business, commercial or mixed occupancy, specify nature acid extent of each type of use. 7 Dimensions of existing structures,if any:Front , 7 Rear Depth `� Height 2_ ( Number of Stories .. fi w v Dimensions of same structure With alterations or additions: Front• . -(....(Q. Rear To Depth `f^7 H6ight 2-. Y Number of Stories 7 t •( 8. Dim elisions of entire new construction:Front . 1 Rear ( Depth 7 Height .t I ` ' . . 'Number of Storms . D - l' 9. Size of lot: Front / 2`01Vc• • Rear 1 7 7 . . Depth ( 7 V Y 10. Date of PurclIase a"(-f- /�iName ofFomser Owner W1./ ( .° l'e /(12-7-e r 11. Zone or use district int ich premises are situated • • . • . 12. Does proposed construction violate any zoning law,ordinance or regulation: 13. Will lot be re-graded A/P excess.fill be ie oved.from 74 f premises. y�S flit 14. Names of Owner ofpremises(./r '1 °(Q c e)(Addles P�'` C✓ -s fir � rice: ��Lc�/ ,0 5 0 G Name of Architect • Address Phone No. �-7�- 3-��s Name of Contractor 1.to7 ,f i-- ii(,� Adder fo fv 70A- Phone No ri9 ue,6o &'Flrone No. 72,2- 3i-o / 15 Is this property with 100 feet of a tidal wetland?*YES • • IF YES, SOtTI`HOLD TOWN TRUS'1 ES PERMITS MAY BE REQUIRED 16. Provide survey, to scale, ti rich accurate foundation plan and distances to property lines. 17 If elevation at anypdmt on property is at 10 feet or below,must provide topog phical data 011S ey. STATE OF NEW YORK) • ' SS: COUNTY OF ) . •< q. / rd 1 40 , ,� being . (Name o•individual cin ng c..,. - above named, duly,deposes and says that(s)he is the agplic�t (S)He is the dot� . (Contractor,Agent, Corporate • ti etc.)' of or said o wiser Or owners,and is duly authorized to perform have that all statements contained this ' performed the said work and tmakd fithis hcatio that a.,u to in the application are true to the best of Itis knowledge and belief alio thate thane workle will bye manner set forth in the application filed therewith. • Sworn to before me this • 3 � day of Aar ' .20 0 o`er / / 1 '/� ' -_ 44...._j_ Notary Public ______,.L.,,,,,.--/ o • . ' St: .,ii • of Applicant ' HELENE D.HORNE - Notary Public,•State of New York No.4951364 • • • • • Qualified in Suffolk Count/ ' • Corn 2, co ssion Expires May 2o _ r 7,os,dY .,ffice Use Only: Fee , 41,-,� .. Z a 3/7/ :`f0 r - Assigned No. ,j-/(4.TOWN OF SOUTHOLD, NEn W YORK APPEAL FROM DECISION OF BUILDING INSPECTOR �J / DATE OF BUII DING INSPECTOR'S DECISION APPEALED: / 'l l� eCN (a .2_002. TO THE ZONING BOARD OF APPEALS: I (Wel C.pi.r �rc� tel- Pala Ce [C of.q..G.OT eitA �l(/l `< <i`ll�p i bl(�L(A 1�II nt) (Tel # 63 l�Z<'l� L��� ) HEREBY APPEAL THE DECISION OF THE BUILDING I SPECTOR RREVED WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATE FOR: (}' Permit to Build ( ) Permit for Occupancy MAR 1 2 2002 ( ) Permit to Use ( ) Permit for As-Built ( ) Other 9 �Southold Town Clerk 1. Location of Property 2.90 atej Tp italII Lct Ad. Q!!t( wCCC ,/f /Zone District 1000 Section..//.47...Block.J.4O.Lot(s)./ Current Owner C=.e!I.I5F.-0.✓��..d, • d/actik- 2. j Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection and paragraph of Zoning Ordnance by numbers. Do not quote the law.) Article Section 100-a�.7.A.Sub-Secfion 3. Type of Appeal. Appeal is ma-Te herewith for: (�Q 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: p, ` 4. Previous Appeal. o� f 9 lel r' =`a' '�,� A previous appeal/has � r � ) (� as ..o-t''been made with respect to this property or with respect to this decision o h- ui ding Inspector(Appeal # Year REASONS FOR APPEAL (Additional sheets may be used with applicant's signature): 1 I AREA VARIANCE REASONS: (1) An undesirable hange will not be produced in the CHARACTER of the neighborhood or a detriment to n .rby properties, if 1 d l2Pd,�- U r granted, because: bail, ,,-90,A, �2C'�'-Pfif,jLts✓ Lf YAdu) 2 QArd- aA/iy 7lz x `S" ,G.aeT, (2) The benefit sougrtt by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: • e�cT rv'j tdA/ `Td A /)2 aft i r b L'J17 �I s I <-,l cc ,,,i 4-a aJ�l r 19 a ✓'v a vel U C2 f � . . (3) The amount of relief rega�Ygsted is not substantial because: SLze or ad-412d,,) if or✓ly 112 /2. SI'iiia„s i e7; (4) The variance will NOT have an adverse effect or impact environmental conditions in :�4e neighborhood or district because: 141 on the physical or (4'k. e co ✓4frit-uv i d y. y v- ha-cti1 e u b'�e�v ,-L -Has the alleged difficult,' 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 VAMANCE STANDARDS are CoI ' a,' , jy. d a Sworn to befor me this 1/ 7 day of (Signature of Ali Ilant or Authorized Agent) ••, 200 QJ (Agent must su-mit Authorization from Owner) Notary Public ZBA App 08/00 ANNE K.M.BUCKLEY ' Notary Public„State of New York No.01BU5011092 Oualitied in Suffolk County Commission Expires April 12. 9..003 R • I IYI , ---.....N.,......... . . . . , Ca s E Ac\2� 4I. ' IS / ; ine • Q In A- \` I 4i Q J f1 1 01/4 co 0 k�(� -4^ �o \ \ a P z Sri 3�////,a a X00`r `� ro Fp4h7 oer _ O( `2�`9 96• t 4 Q k��SG 2G'3,� - 7...... — • !9 6 fes-,,.,N 'i • g°t24 ,` -? `� . / �� VS/ Fk 9 0 -cks � J4Osa51 Q03- 0' / F F o' tOtS .,,--0,,4/41 04, . Tf0n $' O FFPoi< SaNce27 � k.10_` � e' �r /y O , Or � ..Cb0t / \ • 9 � - 0p. _ • O� d NOTE: . • :MONUMENT. SUBDIVISION MAP FILED IN THE OFFICE ' - NOT E OF THE CLERK OF SUFFOLK COUNTY ON JULY 25,/960 AS F/LE NO.3204. I. SUFFOLK COUNTY TAX MAP DIST. 1000 SECT. 114 BLK 10 LOT I I • REVISIONS YOUNG & YOUNG ' OCT. 22, 1990 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK ' , AUG. 6, 1991 • ALDEN W. YOUNG • HOWARD W.YOUNG • , PROFESSIONAL•ENGINEER AND LAND SURVEYOR LAND SURVEYOR. N.Y.S. LIC, NO, 12845 N.Y.S. LIC. NO. 45893 SURVEY ,FOR: ' UNAUTHORIZED ALTERATION OR ADDITION TO CL/FF POLA CEK THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION '- LAW L 0 T . -NO. 19 , "DEER PA X0.1 ®� � COPIES OF THIS SURVEY MAP NOT BEARING - ��;® �. ®iq�. • THE LAND SURVEYORS INKED SEAL OR • EMBOSSED SEAL SHALL NOT BE CONSIDERED .` 0 TO BE A VALID TRUE COPY F AT GU Wit T E 9 - ', �, '� MATT/ TUCK 4. i ,. , GUARANTEES INDICATED HEREON SHALL RUN ! i ' SNLY TO THE PERSON FOR WHOM THE TOWN OF 5. SOV THOL D FLL� i if - SURVEv IS PREPARED,AND ON HIS BEHALF • y "`kw, 4 -, / r TO THE TITLE COMPANY,GOVERNMENTAL �,(�///(,hJI,I3� • ' AL,ENCY AND LENDING INSiITUPON LISTED BY '+�`Te- 4` r{ SUFFOLK CO., N.Y. !/ HEREON, AND TO THE ASSIGNEES OF THEi� LENDING INSTITJTIOL GUARANTEES ARE - ��� •" NOT TRANSFERABLE TO ADDITIONAL SCALE, el `� p� A/ = IDATE PIA A R, 27, 1996' -J� _,`• '.8 1 il- ( 015 F LK V � , _, COUNTY OF SUF O R �T � + • ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING r July 15, 2002 ' . ' ' F ''� J :r' I JUL . , 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, d Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G\CCHORNY\ZONING\ZONING\WORKING\LD2002 JAN\JUL\IS5108 JUL • LOCATION MAILING ADDRESS H. LEE DENNISON BLDG -4TH FLOOR I P. 0. BOX 6 100 ■ (5 I 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 I 6) 853-4044 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. —5116 — Clifford Polacek Action Requested: Additions to dwelling, front and side setbacks 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 June 27, 2002 Mr. Clifford Polacek Re: Appl. No. 5116 —Variance for Additions/Alterations Dear Mr. Polacek: Enclosed please find a copy of the Appeals Board's determination granting relief as applied for. This determination was rendered at the Board's June 20, 2002 Meeting. As the next step of the permit review process, please be sure to check with the Building Department (765-1802) regarding plans and other information that may be required. If you have any questions, please either call our office or the Building Department at 765-1802. Thank you. Very truly yours, ZBA Office Enclosure Copy of Decision to: Building I -pa ,ment /11 , , , 1..7_7/6 2- Ler do2_& a ^y1 ELIZABETH A.NEVILLE �l e� 9` r eTown Hall, 53095 Main Road 4117:TOWN CLERK ® .F 7 � ; P.O. Box 1179 coo REGISTRAR OF VITAL STATISTICS � " �� Southold, New York 11971 w MARRIAGE OFFICER : "' 11 Fax (631) 765-6145 ®� RECORDS MANAGEMENT OFFICER __ ®� .gg/ 0'I f° 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, Southold Town Clerk DATED: March 12, 2002 RE: Zoning Appeal No. 5116 Transmitted herewith is Zoning Appeal No. 5116 application of Clifford D. Polacek by Roy Stakey for a variance. Also included is: ZBA Questionnaire; Applicant Transactional Disclosure Form; Short Environmental Assessment Form; Notice of Disapproval dated March 6, 2002; copy of building permit application and Certificate of Occupancy; plans and survey. • • y i APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold ' s Code of Ethics prohibits conflicts of interest on the part, of town officers 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: of ��v-d p ( ck (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 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 )K7 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 of the applicant; or D) the actual applicant . DESCRIPTION OF RELATIONSHIP Submitted th' s J day of mav' bL2 /l Signature / ,r Print name Ct( 14-1— KG, IaCG k • FORM NO. 4 C1, V) CU ilk/ TOWN OF SOUTHOLD ��'' BUILDING DEPARTMENT fi. ��Cte ' Town Clerk's Office Southold, N. Y. Certificate Of Occupancy October 17 78 No. 29256 -I Date , 19. . . . 90 Deer Drive THIS CERTIFIES that the building located at 2.8.5..Q.Westphalia Road YERKW Map No. . . 32Q4 Block No. Lot No, 19 conforms substantially to the Application for Building Permit heretofore filed in this office dated June 1 , 19.78. pursuant to which Building Permit No. 9767Z dated June 7 , 1978. ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Private One Family Dwelling The certificate is issued to Wilford Krygep (owner,A x of the aforesaid building. Suffolk County Department of Health Approval September 7, 1978 8-S0-16 UNDERWRITERS CERTIFICATE No. . . , , N404337 Deer Drive HOUSE NUMBER 2850 Street WestphalLa .Road Mattituck, New York • -I Building Inspector County Tax Map Number - 1000-114-10-1 • 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 b attache ) B. Is the subject premises listed on the real estate market for = sale or being shown to prospective buyers? ( ) Yes ( Na. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? ( } Yes, (>6 No 011,srj e S'Gd e dr-/J yjj,toy-4y D. 1. Are there any areas which contain wetland grasses?Ye? 2. Are the wetland areas shown on the map submitted with this application? Veil 3 . Is the property bulkheaded between the wetlands area and the upland building area? x _ e i 4. If your Property contains wet anti- or pond areas, have you contacted the Office of the Town. Trustees for its determination of jurisdiction? AT E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? fr) (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? yef If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? J\fQ 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? ` t ) If yes, please explain where or submit copies of deeds. I. Please list preset usp or operations conducted at this parcel £) L- e i✓ ii( ' and proposed use 5' ok C d I1 Authorized Si.4 and Date 3-7—0 3/87, 10/90Ik ti ' 1 , 14.16.4(21671—Text 12 . PROJECT 1.0.NUMBER 617.21 I Appendix G SER State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APP CA TIS O OR �� ( ` [/ C 2. PROJECT NAME -• • C J. PROJECT LOCATION: .L�� 1 Municipality q it/TLC L L ULC L` / � l/ County 5 � �/�� 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide maps ..I . 2 cl a 0-- w elti ho 1 cot Ri) 1 144- cal7lar k •- co {pv e v- d IC lb Vi v'e a Nd I CJ*Gc a i tc, g i, • S. IS PROPOSED A ON" ONew EXDanslon ❑Modl(Ica tIan/aIteration I 6. DESCRIBE PROJ�E9CT AIEPLY: -0` ci l / � 2. y r tr M a)Th y- b a.71,1 pc-0- i TMJ IQ P a v dP kcrL() P CA/ 4PerJrty-e 516te 7. AMOUNT OF LAttp AFFECTED: . 7 InItially 2- ` y, ���' ,{ acres Ultimately acres d. WILLSPROPOSED ACTION COiAPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? I Yea ❑No I(No.describe briefly 9. WHAT/ IS PRESENT LAND USE IN VICINITY OF PROJECT? iJ[J Residential 0 Industrial 0 Commercial De-scribe: 0 Agriculture 0 ParWForesVOpen space 0 Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL.OR FUNDING.NOW OA ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE OR LOCA 0 Yea No II yes,list a9ency(s1 and permit/approvals 11. COES ANY SPECT OF THE ACTT:V HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ❑Yea If ye:,listagency name and perm,Vapproval 12. ASA RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes VJ No I CERTIFY THAT THE INFORMATION PROVIDED ABO E IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor am, I1FF-11 rd , 6. •, j / 1� C n �/ --7---CZ S}9nalure: /r Aar lig ar II the action is in the Coastal Area, and you are a state agency, complete Ine Coastal Assessment Form before procoeding with this assessment OVER 1 ' - EL; `3ETH A. NEVILLE,TOWN CLER1..--- Town of Southold Southold, New York 11971 Phone: 631-765-1800 PERMIT/RECEIPT #5116 Polacek, Clifford D. P 0 Box 105 Riverhead, NY 11901 Received $ 150.00 for Permits - Application Fees on 03/12/2002. Thank you. It has been our pleasure to serve you. 2905 Westphalia Rd., Mattituck 114-10-1 -4. FORM-NO. 3 NOTICE OF DISAPPROVAL DATE: March 6, 2002 TO: Roy Stakey A/C Polacek PO Box 217 Aquabogue,NY 11931 Please take notice that your application dated March 5, 2002 For permit to make additions/alterations to an existing single family dwelling at Location of property: 2905 Westphalia Road, Mattituck,NY, County Tax Map No. 1000 - Section 114 Block 10 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to a non-conforming single family dwelling, on this non-conforming 20,996 square foot parcel with two front yards in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing, non-conforming, single-family dwelling has a front yard setback of 26.3 feet and the proposed construction will maintain the same setback/ Therefore, the proposed addition/alteration is not permitted pursuant to Article XXVI, Section 100- 244, which states that non-conforming lots between 20,000 and 39,999 square feet in total size require a front yard setback of forty(40) feet. Total lot coverage, following the proposed addition, will be maintained at the existing+/- 8 percent. Authorized Signature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. S lYI ..,, N-.......... _ . , . t I , , . . , , . 71 ,-_, 4 t. . , pke s . , _ 67-P6/44 /4 , , . _... ' /E', I \\ Ckti i / AA / 4w / iZo ; • I , eeF - I Q' i \ - J Vj . AV 04;i 'r � d / e.,/ \O• \ �r ° b,,I0 0,.. Q \ t \ ��(e Dc C\*. ��co <o �\\ v�� Pe4e sr eY�////oz.s. / r 9 t O( `22 9 96. q Q k�csG 47 2c`3�� 41 4 _ . III 1'.11 °S77c' (l.\ f� ‘...i!...., `` V , 0, i -4 / h Oc-p O pa S yOI0? �'� .oN Qs" Ni cf • pt • e�PypO r c• .^' 0 - 0\�pa �o, I • V\a� o' 5 • • i NOTE: • ' • =MONUMENT SUBDIVISION MAP FILED /N THE OFFICE i NOTE: OF THE CLERK OF SUFFOLK COUNTY ON . I. SUFFOLK COUNTY TAX MAP JULY 25,/960 AS F/LE NO.3204. • . DIST. 1000 SECT. 114 BLK 10 LOT I .' i• r REVISIONS - YOUNG & YOUNG- . OCT. 22, 1990 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK • AUG 6, 1991 ' • ALDEN W. YOUNG HOWARD W.YOUNG . PROFESSIONAL.ENGINEER AND LAND SURVEYOR • LAND SURVEYOR.N.Y.S. LIG. NO. 12845 N.Y.S. LIC. NO. 45893 :- SURVEY .FOR: ' ISUNAUTHORIZED ALTERATION OR ADDITION TO CLIFF POLA CE/( .. THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION , . LAW L 0 T NO. /9 , „DEER PA 7.'",;(1%./ ����� 0� �'e� 4' 6,, THCOPIES ELAND SURVEYOR'S MAP INKEDNOT SEAL ORING •�PF D 6® °V/1' •• •'I EMBOSSED SEAL SHALL NOT BE CONSIDERED ' ' TO BE A VALID TRUE COPY +�' AT GU• -' T 'E a -'• "'" G ,•4 MA TT/ TUCK . .`%,m ...NTH., INSICATED HEREON SHALL RUN • ' 5NLY TO THE PERSON FOR WHOM THE TOWN OF c - -''49: AURVEY IS PREPARED,AND ON HIS BEHALF J 0•�l THOL D .-- r - _c1l'''' { �1, TO T�IZ TITLE COMPANY VERNM EIV i4L ' AGENCY AND LENDING NST.TUTION US IED BY <. ` . _ HEREON, AND TO THE ASSIGNEES OF THE SUFFOLK CO., N.Y. ._„ 7,040,1r �. .. • ..ENDING INSTITUTION GUARANTEES ARE - = •�- ,• 1:t NST,I JT.ONSEORBSUBSEQUENT OWNERS.a SCALE: / //_ 40 DATE: MAR. 27, 1990 •� '4JVg • :8_ •I BUILDING DEPARTMENT •. - .roll have Or need the fvllowrng,before apply TOWN HALL - ' - Board ofHealth SOUTHOLD,NY 11971 ' '.-. • 3 sets ofBuilding P1 s • TEL: 765-1802 , ' Survey . • PERMIT NO. • Chi • ' , • Septic Perm , • N Y.S.D.E.C. • • • Trasteess Examined ,20 Contact. . Approved ,20 e. Mail to Disapproved a/c �j GZ' • • • •Phone: 7;z—3 d ) ./...(2:. ' : 1 :/-..--- •. • _.-- 17.- P n� I ! f--71 $mldmg Inspector • �. ;: -; 5 200 IL-.);IYI • I IAPPLICATION FOR BUILDING PERMIT ' ' ' Date 20_ „ ff`Q • .. • ,INSTRUCTIONS • ' a This application MUST be completely filled in by typewriter or hi ink and submitted to the Building Tn Spector with sets of plans, accurate•plot plan to scale.Fee according to schedule. ' b.Plot plan showing location of lot and ofbuildings=premises,relationshipto adjoiningpremises or public streets < areas, and waterways. • • c. The work covered by this application may not be commencedbefare issuance of Building Permit. d..Upon approval of this application,the Biuldinglnspector.willissue aBulding Permit to the applicant. Such a perm . 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 O ccupa is issued by the Building Inspector. .• • APPLICATION IS HEREBY MADE to the Build*Department for the issuance 61a Blinding Peamrt purso Pmt to the Buildmg Zone Oraina,rne of the Town of Southold,Suffolk County,New York,and oar applicable Laws, OrclinR„ces or Regulations, for the construction of bindings,additions,or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws,ortiivanoes,bulling code;housing code,anti regulations, and to admit authorized inspectors on premises and in building for necessary inspections. P 41111 • ( : _of applicant or if a corporation) P6 /672- ( 7 •u .e /a vtC/VK, • 'ayieling ad of icant) /( rJ( State whether applicant is owner,lessee,-agent,at'chitect,engineer,general cantrae electrician,plumber or bvi 1 der . Nam e of owner of premises C, 1 i, (fo k4 pot C•�X (as on the tax roll orlatest deed) If applicant is a corporation, signature of duly authorized officer • • (Nam e and title of corporate officer) • •• Builders License No. 3 ?� • ,• • • Plumbers License No. 3 1 g 6 P , • Electicians License No. 3 0 • Other Trade's License No. • ' • ' f- 1. - Location of land on which proposed work be done: , /'��y - -, 7 o,5" icest�,I4 it'a / •t_r �� . j House NiTmber Street • ' . Hamlet County Tax.Map No. 1000 Section 1 /'if • Block / G • • • •Lot I Subdivision • • Fled Map No. • ' • • Lot (Name) • , • 2. State existing use aiid;oe sanoyofp� :«. .t/se and ocxup of• sed constnrction% a Existiug•use and ocxti cy `'--• (/' • fury .1?.'/-11-''''4)t- b. . Intended use and occupancy • 3. Nature of work.(check which applicable):New Bizl1 Th Aeon Alteration RepPir Removal • Demolition Other Wo=k -- � (Description) 4. Estimated Cost J D O a Fee L/ (to be paid on filing this application) 5. If dwelling, n-rrnber of dwelling twits 0 i. • Nmnber of dwelling units on each floor If garage, number of cars • . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of a strictires,if any:Front . ( Rear Depth 7 Height Number of Stories .. 1' i o Dimensions of sarrie structure with alterations or additions: Front' • S Rear :re/ i , Depth I7 H6igfit •2--• Y • . Number of Stories ��� 8. Dimensions of entire new constriction:Front 1 ,S Rear /J Depth ,..1--7-- Height •t 1 ` ' ' •Number.of Stories• 0 -e- , 9. Size of int: Front 1, �`'� l Rear / .7 7 , . Depth ( 7 Yr (Y , 10. Date of Purchase f 6 r .t P Name of Foaner Owner W i 1 f.° k`e A -e r 11. Zone or use district in-which premises are situated • 12. Does proposed construction violate any zoning law,ordinance or regulation: • , 13. Will lot be re-graded • • Will excess fill lie removed.from premises: S /1'g ;' , ,,,,, O( ( (Address - �Qs� l� le. Names of Owner ofpremises cie�•, � Phone No. a``7�- 3 f-013— Name -0SName.of Architect AM. ess .' Phone No 7 y Name of Contractor ft51t/ 7. Address 4`7 (7AIce4Ao ya�Phone No. 7 a2- '�3?v 15. Is this property within;100 feet of a tidal wetland? dd P PAY *YES NO . • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 16. Provide survey,to scale,With arcuate foundation plan and distances to property lines. 17. If elevation at anypoinf on property is at 10 feet or below;must pr-ovide topographical data on survey. STAlE OF NEW Y(*K) • • • , • SS: . COUNTY OF . ) ' • % ' T / ' • being duly sram, oses aridsays that..(s)he is the applicant (Name ofindividual signing e... . above nam.ed, (S)He is the • - ee,C!‘%4 • • •• • (Co actor,Agent,Corporate,0 cer,etc.). of said o w pier or owners,and is duly authorized to perform or have wed.the said work and to male and file this application; t-hnt all statements contained in this application are tree to the best of his knowledge and belief;and that the work will be performed in the manner'set forth in the application filed thea wiLl. ' Sworn t_o tre me this • , J —day of ' .20 O ' iXt-ti -40 /.0 ., / .4 . . . . / Notary • Public •i Sig.,:. ., of Applicant • HELENE D.HORNE '• Notary Public.State of New York No.4951364 • Qualified in Suffolk County • ' Commission Expires May 22,• �Op'.__ id _ ),, _ / , _ / TOWN OF SOUTHOLD PROPERTY RECORD CARD /i-3 Z a OWNER STREET 67 C j VILLAGE DIST. SUB. LOT /9 , ' , a L 1 :/ ittce-k De el- ON vi' A97474/ _ . . /2 de FORMER OWN R( )F)..(.6rc irvg r 44 E ACR. a t71,--1,0E-'' S W TYPE OF BUILDING tES. /,,0 SEAS. VL. FARM COMM. CB. MISC. Mkt. Value 1/ LAND IMP. TOTAL DATE REMARKS ,'k,b 0 _ 40 to >�4-4.e r 1 0. a ei 031J U /7 3 4 0 0 4A P1 / //,rr°t7 -/f$,r .::C/,/ 7 ye,reO /�HcZwA.,1$ Sew); 70 kJ' /`�' :Cr' HA/I P 3�.9 4e, _ .5,7°° ‘/© d / /7/77 h/tri t 'F9777Z 4/1 pe,% 0'�,d 6;.,,,i6 c�ae(/ /.e. "',5�oa0 �9a5). 7o o %4 010 7? © 0 51,7g/qt I o/s/p 2..---109 4 9 P-1-1/s-kry9e r 41,0-i- 40 .P. ec,.- -4.-, / Doo -47Oc'� _ /�rz- 0o '79p0 L`2,sf9Z /01//90 -49/'/01//90 -49/' 6 - o.of -- I-L� s ,, Fi1 ," as 3 , ladt 30o B6h71. ems.. Dlf 3Jg3 Co lac lc:0 •t1)* � 13?'-cco . ?x ;+'10 -f .2cottii;h elD q--r" 111E4to Ih '�i<aL i of aA ( i :aV FARM Acre,................„..... . Value Per -11u."- 9'7' r <? �r ' Tillable 1 — y [II a 2 -illable 3 Voodland swampland FRONTAGE ON WATER / FRONTAGE ON ROAD ;rushland / 7o louse Plot DEPTH BULKHEAD 'ota l DOCK ^-. ,,,,t1„...: �'r}.., 411(.. qt l 44; t 1 `Lf , t • a.+ .y :YwV -- .14.4.111411 COLOR I1H_ I6 Isrd 6-4e I I' t F'w Apa1'• ! -- TRIM , r • r w . • -z ;n t 1L. I p��r t.11.14)1,1- .:,� ��•,g�+.� a r�ir mow. � !O „.ems , ll 3—a R •ry A. �dg � �{ �j /yOG � Foundation C. Bath Dinette x ension / Jr,'X 2, 7 Basement /=U// Floors �Q K.K. ( xtensi®n iQ ' o 1 Ext. Walls �( t SiV Interior Finish LR. Y �4 c_ t1,4 01 144,' 1 k,'i it - 2;4 ( .$ -w• int. /' S /� / to i 10 >< C'1 14 l`�=—' �z� 138 Fire Place « d Syu U ` Heat F DR. / �o ,� _�� Type Roof �o �,_ Rooms 1st Floor BR. 3 L/ 5 %C."- Z� -GImkRecreation Room Rooms 2nd Floor ,' FIN. B. s V92_ /�xar = Lip i 3110 . Z.c RS J. 'orch (Silo ��� Dormer Breezeway Driveway .3arage t%f7r 4' rA'CrG Paw�tio• J 9/ /o Y /.s / 5 Q i. 1 s /9 � r 3 �� x 7 /, S61) /O Total .- i C12.02_ i , t \ \x�(,� , 0 LEGAL NOTICE '; STATE OF NEW YORK) \ SOUTHOLD TOWN BOARD OF- • )SS: APPEALS '-%; _ THURSDAY JUNE,20,2002-' Ci Y OF SUFF LK) PUBLIC HEARINGS `�o�,i ,I� -0&� of Mattituck, in said . NOTICE IS:HEREBY-GIVEN;pur suant to Section 267 of the Town Law ;; county, being duly sworn, says that he/she is Principal fand Chapter 100(honing),Code of the 1, clerk of THE SUFFOLK TIMES,a weekly newspaper,pub- Town of Southold,the following appli- cations will be heard at public hearings lished at Mattituck, in the Town of Southold, County of by the SOUTHOLD TOWN-BOARD I Suffolk and State of New York,and that the Notice of which ' OF APPEALS at the Town Hall,53095 .l Main Road,Southold,New York 11971, the"annexed is a printed copy, has been regularly pub- ' 1 on Thursday,June 20,2002,at the times lished , in said Newspaper once each week I, noted below (or as soon thereafter as .'„ possible): - -w1 for weeks successively, commencing - 8100 p m. App1. No. 5116. Clifford' On the ‘._.960day oia`ek.This is a request for a Variance of ovny 200-' • •: under Section 100-242A,and 100-244,- basedon the'Building Department's Ma f 6,2002 Notice of Disapproval don- / : cerning proposed additions and alter- . _ ations which will not-conform to the f Principal Clerk front yard setback requirement and , " which exceed the code limitation of ► 20%lot coverage for all building area. - Sworn to-before me this -30 i •Location of Property: 2905 Westphalia i / 20 d 3-- 1 -Road, Mattituck; Parcel 1000-114:10- day Of '', 8:10 p.m._App.!. No. 5117. Lucas Ford This is a request for Variances LAURA E. BONDARCHUK under Sections 100-205D,100-205.1-C, , Notary Public, State of New York and 100-206B, based on the Building ---- No 01806067958 Department's January 15, 2002 Notice I, Qualified in Suffolk County OF" ' _of Disapproval concerning four ground " (� My Commission Expires Dec.24,2�_ signs which exceed the size requirement- (JI of ,,the _zoning code. Location of _Pmperty:3245 Horton Lane,Southold: C [/c U \P • m ZONING BOARD OF APPEALS --- - - - - - -- ---- - - -- --- -- - - ----- TOWN OF SOUTHOLD'NEW YORK x In the (Matter of the Application of f . C lCwPa -1 Od lac(iLc AFFIDAVOF SIGN IT (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- L [ T - fV - 1 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, C I 1 E3t" 4_ 0 - P d Lac e R.- residing at2 Ci aU Wei rplio (Pi fAoi.[I t C uc [C. I , New York, being duly sworn, depose and say that: On the 0 day of J L Ne , 2002, I personally placed the ' Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my 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 re ' eb 'n pla for •v-• day) - prior to the date of the subject hearing date, w r` `�:ari: g t_ a- -how • be t (Signature) Sworn to beforeme this /7 /1- igz day f / , 2 0 / /// 62"' Not KATHLEEN DRIXLER (Notary Public) ary Public,State of New York No.01 DR6039770 , Qualified in Suffolk County D' Commission Expires April 10,20._.,,. *near the entrance or driveway entrance of my property, as the area most visible to passersby. tal�l:��1�1��7►�iI_\14 �x�L�i .n I iF7i O. .i.T.Tarifil747•T•7• .vi.e. rn o 0 PALii CLTY, L 64994 A L U S E 0.34 UNIT—HW-09,01 Ili Postage $ _u Er Certified Fee 2.10 ` 9 1.50 Postmark— , m attire Receipt Fee Here, (Endorsement Required) D Restricted Delivery FeeC18Yic: KQTZUG O (Endorsement Required) - O Total Postage&Fees $ 3.94 05/31/02 ..D Sent To D Pj. 7j,-;(4be1/ Olu /vci ru•Street,Apt.Noh.• �-�I /�i � or PO Box No.3b• 2,$nulhwerPJ eujewe �� City,State,ZIPS+C]4 !! r t, If CV C0 PS Form 3800,Janna 2001 - /% •'/ ;. .:See Rever -for I. ruc (Domestic Mail Only; No Insurance Coverage Provided N o mg mg-Huck, NY 9521 '. L U-- _ L11 , Y ruPostage $ 0.34 UNIT II: 0901' 7 Er iz ' ra , Certified Fee 2.10 ft; •`;j? M a Return Receipt Fee 1.50 Postmark p (Endorsement Required) Here Restricted Delivery Fee Clerk: NQ I ZDG 0 I (Endorsement Required) U S O Total Postage&Fees $ 3.94 05/31/0f- -El 5/31/02--n �p I ci Sen01 A÷ ''l lrrf j of tAi ei O Q e✓14 al is i fU Street,JApt.No..;'I26_, /� Q or PO Box No. r I e e y n([ve {�G f� C N City,State,ZIP• I _Z I gA PS Form 3800,Ja'H `2001 "v U See Reverse for Instruc .4,p.--- Domestic Mail Only;No Insurance Covera.e Provided O N t MMTITI t 14 U95 1 A L U S E 0.34 UNIT{II1.90901 m Postage $ C. '` IT▪' pr- ti rq \� Certified Fee 2•10 ;`s- 1 Return Receipt Fee 1.50 X' Po�narl` ) j m (Endorsement Required) , Here co) CI tilerk:,KtiTZDG 2 I= Restricted Delivery Fee -- ,��,f D (Endorsement Required) \ i Total Postage&Fees $ 3.94 05/31/02 CI .11 I I= SentToA rili7J s.�?� Zu h oak/ Street,Apt.No.; J�v or PO Box No. /0,) im orC I V N Ce 0 City,State,ZIP+4 . !f 14 (IC 2 PS Form 3800 Janua_ 2-011 O " -- - - - . , .rm:c tI16`l11' tl[.YaiQrKe- Domestic rat en y; 'o nsurance overage Provided r9 N °KATiTITUCK. d 11952[ A L U S - ru ' Postage $ 0.34 UNIT IU: 0901/j� D, ' , Certified Fee 2.10 1 stmark m ReturnReceiptFee 1.50 mrr P° D (Endorsement Required) .n Restricted Delivery Fee Clerk:: KOTZUG �, D (Endorsement Required) \_ `vt D $Total Postage&Fees 3.94 05/31/02 - r,�'" ..D Sent To im � 1.s_ Kit 5W }]- i e. nj Street,Apt.No.• 7 _1/ D or PO Box No. avo ///i,�J�AGIt/0/l jZ , En City,State,ZIP+4AAA 1/1 (A- C/ ! '712- PS Form 3800,January 2001 ' See P. vers' f. lnstr pyx U:S.Postal Servic CERTIFIED MAI R ` (Domestic Mail Only; No Insurance Coverage Provr•e. Irl cp j f`'.. 3 'f., r,r I f q f -. u ,5 . iii NE( YCM NY= 10023 k L'"t• -'' %m 3 IU ' Postage $ 0.34 � T\ID:`Q901 D _ , a ,1 1-9 Certified Fee 2.10 , Io 9 (DI m Return Receipt Fee 1.50 Postmark �CO r 1=1 (Endorsement Required) i y lien ii ," IM Restricted Delivery Fee CIegk:: Kotzro CI (Endorsement Required) 1/1 b rotas Postage a Fees $ 3.94 05/31/02 1M tSent T /A a sick. Is• ,�ay�� en/ ru Street Apt.No.; ///n / O or PO Box No. /X 1'e7� / y Ajj /�1.9_)77. �d City,Stat t•LA.) l G C f� l/Oz3 t[ PS Forlin 3800,J'enuary'2001 a u el See Reverse for Instruc.. - , ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK x — - — In the Matter of the Application of C f fr Pdl rot faCeD' AFFIDAVIT OF (Name of Applicants) MAILINGS CTM Parcel #1000- 1/ - /0 - COUNTY OF SUFFOLK) STATE OF NEW YORK) ? lceiCresiding at 2, 1 (A) W64/16l10 J- L&cic , New York, being duly sworn, depose and say that: On the 3 ) J�day of nit CAY , 2002 I personally mailed at the United States Post Office in p Ivey.L p ct.rQ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on ,fil,trwith the MAssessors, or ( ) County Real Property Office GP SamT rllrmir/ , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant' property. Wignature) Sworn to bef9 me this /7 day p ( , 200a-% V , / / ) / KATHLEEN DREXLER (Notary Public) Notary Nob 010R6039770W York Qualified in Suffolk County Commission Expires April 10,20_CL PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. : COMPLETE THIS SECTI0 . fferoiri iwiat ab..•metr etiwooI m ■ Complete items 1,2,and 3.Also complete A Received by(Please Print Clearly) B Date of Delivery item 4 if Restricted Delivery is desired. .—(v—O ■ Print your name and address on the reverse so•that we can return the card to you. C. Sign Lure • Attach this card to the back of the mailpiece, XJ�C� 1=1 Agent or on the front if space permits. ���� 0 Addressee D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No InAks. LSGib ell tYluiitr&t. 3 68. 9- Soup,co6t Piwj&t) uil Pci. 3. Service Type [ City FId(1 0 Certified Mail 0 Express Mail 7 90 0 Registered 0 Return Receipt for Merchandise Z0 Insured Mail 0 C.O.D. 4 Restricted Delivery?(Extra Fee) 0 Yes 2. 'Article Number 7002 0460 0003196-2 0734 yi-. (Transfer from service label) / 1 -- IPS Form 3811`,pMarch12001 i i ,I i¢ DomesticiRei urn Receipt 102595.01-M-1424 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid • Sender: Please print your name, address, and ZIP 3 in this pcp0\ CliFF Fp Afiac .2 9 fif- tio j-rp kat p&a,7, 17(ikc /V-Y. . ll � -ENDER: COMPLET SECTION •i'- • ON DELI R • Complete items 1,2,and a.Also complete A Received by(Please Pnnt Clearly) B Dite7�C e e " item 4 if Restricted Delivery is desired. 6 /©o ■ Print your name and address on the reverse so that we can return the card to you. C Sid ure p • Attach this card to the back of the madEl Agentpiece, X ❑Addressee or on the front if space permits D. Is delivery address different from item 1? El Yes 1 Article Addressed to If YES,enter delivery address below. ❑ No Oil R4 Mir --3-q6 eei-14d3 f(, 4 2,' L6 W Q C i Dove-ve- 3. Service Type ❑Certified Mail ❑ Express Mail VIA' c L _ ❑ Registered ❑ Return Receipt for Merchandise / j OZ CI Insured Mail El C.O.D. 1 7 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Articles Number �� ,1 z. 0 I�O 000 3 / 9f /; 1 L7 (Transfer from service label) U 17/ F// /l/) [/ // 1PS Form 381,11,•March 2001 t ; UNITED STATES POSTAL SERVICE 0 11 First-Class Mail Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CCPE Pa la ►U <Kol1[1J14l4LGI .YX•itINifKcJ/»11P/4N' • Complete items 1,2,and 3 Also complete A Received by(Please Pnnt Clearly) B. Data gf D9fivery item 4 if Restricted Delivery is desired. 4///402-- ■ Print your name and address on the reverseBp atur: so that we can return the card to you. ❑Agent IN Attach this card to the back of the mailpiece, /k or on the front if space permits. ❑Addressee D. f elivery ad=1 different from item 1? 0 Yes 1 Article Addressed to. YES,enter delivery address below: 0 No 11/1 A +ilio 3 grepillzinANA) lo CcNd y Lot.fi /x l (C y N g�/ 3. Service Type I ` 1/45-2_ ❑ Certified Mail 0 Express Mail • ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2 ArticleNumber -7 6 0 2 09-60 0 0 0 3 1 ? . 3 7� (Transfer from service label) PS Form 3811, Marchi2001i: I i 1: Domestic Return Receipt 102595-01-M-1422 UNITED STATES POSTAL SERVICE First-Class Mail 11 Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • C{ 1FF Niac 0(< 0- e j-rp La[(01 \IWOCttirc:c NI- JIZ D ' COMPLETE THIS S C . • 1 ' • °` ° ■ Complete items 1,2,and 3 Also complete A. Ijec ived by(Please P t Clearly) B Dtp i:f D-livery item 4 if Restricted Delivery is desired. CA(.SA--G.L_. •( _; . ) Ca III Print your name and address on the reverse so{hat we can return the card to you. C sign_ ature • Attach this card to the back of the mailpiece, X ��0(-/� El Agent or on the front if space permits. ❑Addressee D Is delivery address different from item 1? ❑Yes 1. Arttcle Addressed to: If YES,enter delivery address below: ❑ No < artTN )-JurN e 3 2 VIO Wejl-P 6 " 1z°1' 3 Service Type ❑Certified Mail ❑ Express Mail (/( CC� J /AY 1/_Z ❑ Registered ❑ Return Receipt for Merchandise ( q ( 0 Insured Mail 0 C O.D (I l 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number �J�j/��j '7 (�(Transferfromservicelabel); 7oOZ . ,� V:V",3, 1 f� 07 J J PS Form 3811, March.2001 ,t r E, ' ?' Domestic Return Receipt ' * ' 102595-01-M-1424 I iiii it i I is ,i;,iJ I li ii it i UNITED STATES POSTAL SERVICE II1131m3. AND first-CIas�JlAai rc')\- � Postage eesRAL Permit NoG-10 • Sender: Please print yourilablea?address, and ZIP+4Tn this box • 11-FF P ( 29 jrp - Ar) (Acttqj--2_ 03 ii'1 �,; , • `mac,5.7-- E 0i, (,:l y /2¢ 73 6O4 7) • e . 2• c � 3 —1 0. � • G• 0 Q sr;---1; // 0 / \�, 3,t N°': b. e o N. i0 0/ \ mea mer .. it n ` G Cola \0 i 8'``i rA�b' / �i • / �s:::- J •s . / 7�.�/ ickY Osr Pr9' ti oC� . 0 C' �e NJldd✓ F Fb� I � �PtiR41� ioNQ� In - - -Cf Z>>I``‹ 4 er, �� 7y2. �C Ift d q) ,- cl / Oka)17) { 6 usilli, (Urn o- 0 ;C&J Q� NOTE: a =MONUMENT SUBDIVISION MAP F/LEU iN THE OFF/CE OF THE CLERK OF SUFFOLK COUNTY ON NTY TAX MAP .. JULY 25, /960 AS FILE NO.3204. :T. 114 BLK 10 LOT I REVISIONS YOUNG & YOUNG OCT 22, 1990 400 OSTRANDER AVENUE. RIVERIIEAD, NEW YORK • AUG. 6, 1991 ALDEN W. YOUNG HOWARD W, PROFESSIONAL ENGINEER AND LAND SURVEY LAND SURVEYOR, N.Y S LIC NO. 12045 ,� 4,T SURVEY ,FOR: Yo v/ �`�f / 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); 8:00 pm Appl. No. 5116. Clifford Polacek. This is a request for a Variance under Section 100-242-A, and 100-244, based on the Building Department's May 6, 2002 Notice of Disapproval concerning proposed additions and alterations which will not conform to the front yard setback requirement and which exceeds the code limitation of 20% lot coverage for all building area. Location of Property: 2905 Westphalia Road, Mattituck; Parcel 114.-10-21. 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) • FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL APPL# ✓ ASSESSORS CARD (7 COPIES) NAME IIPS. ✓ CTY. TAX MAP (7 COPIES + 1) CTM # /y-/0 -f INDEX CARD (ATTACH OLD) TOWN ti. / i/ LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION z2/ `� � . Southold Town card of Appeals -20- March 23, 1978 That's going to b up to them. Actually, I don' think it's a function of the Boa d to go further than we're .sked to go on this. RUDOLPH BRUER, ESo . : It's a non-confo ing situation, it's been there forever. THE CHAIRMAN: It is fact, though, hat the Board should be concerned with proper acces. for ambulances, fire engines and so on. If they go down there and ge. stuck, we +ouldn't watt it to be our fault. After investigation and insmecti., , the Board finds that the applicant requests approval of ac, ess,, right-of-way off Indian NeCk Lanef Peconic, New York. The Indings of the Board are that the Board is in agreement with the -asoning of the applicant. The Board finds that strict appli, ation of the Ordinance Would produce practical difficul. ies or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immedi,te vicinit of this:`rroperty and in the same use district; and the variance ill not changethe character of the neighborhoo , and will obs - ve the spirit of the Ordinance. On motion by, Mr. Gr. .onis, seconded by Mr. Doyen, it was RESOLVED, Charles A . Bolsch, 30 Roosevelt St•eet, Little valley, New Jersey be ' RANTED approval of access -o, Southold Town Board of Appeals -21- March 23 , 1978 THE CHAIRMAN: The applicant has a lot on the northwest corner of the intersection of Westphalia Road 'and Deer Drive. It' s borders on marshland which is controlled by the Department of Environmental Conservation. They have indicated that they want a '60' setback from the marsh for the rear property line of the proposed house, you haven't built the house yet, have you? WILFORD KRYGER: No. THE CHAIRMAN: And this involves reducing the front yard setback on Deer Drive to 26 ' instead of the minimum 35 ' on an undersized lot, a 50"- setback under the present Ordinance. So the applicant proposes to place the house 60' from Westphalia Road and 26 ' from Deer Drive, Which will give plenty of room for visibility for cars entering Westphalia Road from Deer Drive. Anyone present wish to speak for this application? WILFORD KRYGER: Only that, subsequent to my filing, the Board of Health has specifically located the we 'll and the septic tank and it really puts me in a bind. I have enlarged this . . . THE CHAIRMAN: You're going to put the water on the corner of Westphalia Road and Deer Drive and the cesspool 100' to the south. WILFORD KRYGER: That's correct, I must do that. They're quite specific about that as the DEC is specific where I 'm to locate my house and 'where I'm to put my driveway. I had to change my sketches because they would-mot permit me to go near the wet- ' lands with my driveway for fear of runoff. THE CHAIRMAN: All I can say is., we're lucky to have a:,:'Board of Appeals. All these boards are adamant, nobody 'would ever;•get anywhere. WILFORD KRYGER: I have an enlargement of this if it would be of a.an assistance tq you. Ed 'Bage has my plans f'or, tT e house, I had hoped to 'have them here to show you. It's a 8111-time, house, we are a retired, couple and we 'plan to live here permanently. As a matter of fast, my house is going to look .something. like this Which is a picture of a house in East Setauket,, built in 1735. I 'm planning to build exactly that using those:dimensipns. Of course, the inside is going to be a little bit different. I couldn't hardly get into this one, it has Very low ceilings. Hi``CH1IIMAN: Is there anybody present who wishes to speak against =th :s application? (There was no response. ) After investigation and inspection, the Board finds that the applicant requests permission to construct dwelling with insufficient Southold Town Board of Appeals -22- March 23, 1978 front! yard setback, Westphalia Road and Deer Drive, Mattituck, New York. ; The findings of the Board are that, the reduction of the front yard Setback to 26 ' will not affect the character of "the area. The Board finds that strict application of the Ordlinance wouldiproduce practical difficulties or unnecessary hardship; the h4rdship' created is unique and would not be shared by all properties alike ' in the immediate vicinity of this property and in the same use district; and J .he variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Maimone, it was RESOLVED, Wilford Kryger, 130 Washington Drive, Centerport, NeW' York, be GRANTED permissio to construct dwelling with insuffi- c-± :h.t front yard setback, West halia Road and Deer Drive, Mattituck, N'eV York, Lot #19, Map of DeerIPark, as applied for. Vote of the Board: Ayes: Messrs:-Gillispie, Grigonis, Doyen, Maimone. * * I PUBLIC H RING: Appeal N . 2400 - 9 : 00 P.M. (E.S. ) upon applicati of Victor Teich c/o Burt G. Lewis, Ma' Road, Cutchogue, New k for a variance in accordance With the Zoning Ordinance, Articl III, Sectio} 100-31 and Bulk Sche ule,.-;end the Town Law, Section 280A for; permission to chang lot lines , and approval of acce . Location of property: S th side Broad- •! Waters Road, Cutchogue New York; Lots #189 and 0, Amended Map "A" of Nassau Point Pros-rties, Filed Map #156. The Chairman opened t e hearing by read', g the application for a 'variance, legal notic- of hearing, afr davits attesting to its publication in the offici.•l newspaper, and disapproval from the Building Inspector. The C';airman al • read statement from the Town Clerk that notifi.catipby cer fied mail had been made to: Hondrah" Fleming; Charles a. 'ausc- ; Geroge Barker. Fee paid $15. 00. THE CHAIRMAN_ Anyone wish to sp-ak for this application? BURT LEWIS: I 'm a real es -te bro\er in Cutchogue and I'm , speaking for Mr. Teich. THE CHAIRMAN: Apparenr y he always owed both these lots. Did he always' own both lot:? BURT .LEWIS : No, h= s a contract vendee. , THE CHAIRMAN: : t these ;two lots were under one ownership? . OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.Kowalski( Town.Southold.ny.us or Paula.Quintieri(a�Town.Southold.ny.us (631) 765-1809 fax (631) 765-9064 May 22, 2002 Re: Chapter 58 - Public Notice for Thursday, June 20, 2002 Hearing Dear Sir or Madam: 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 C'y, Zoning Appeals Board and Staff P.S. 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