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HomeMy WebLinkAbout4210 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TO%VN OF SOUTHOLD FINDINGS AND DETERMINATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4210: Application for STEPHEN T. VESEY and CHERYL SCHLITT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for the existing location of a deck addition "as built." A portion of the deck encroaches in the side yard. The accessory garage structure, which has existed, is also now partly in a side yard area. Location of Property: 2105 Old Orchard Road, East Marion, NY; County Tax Map Parcel No. 1000-37-3-6. Subject premises contains a lot area of 8,638+- sq. ft. and is located in the R-40 Low-Density Residential Zone District. WHEREAS, a public hearing was held on February 2, 1994, at which time those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, the present use and building(s), and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land shown on the Map of Gardiners Bay Estates as Lot Nos. 13 and 13A (Combined as one) with a total lot area of 8,638 square feet, and two street frontages of 40.0 feet; (b) is improved with'a single-family, one-story frame dwelling structure with attachments as more particularly shown on the survey amended December 23, 1993, prepared by Roderick VanTuyl, P.C., which dwelling is shown to be set back six feet from the northerly property line, 13 feet from the southerly property line, 34 feet (exclusive of porch and step area) from the front property line along Old Orchard Lane, and 110+- feet from the easterly front property line along Sylvan Drive; Pa~e 2 - Appl. No. 4210 Matter of STEPHEN T. VESEY and CHERYL SCHLITT Decision Rendered February 2, 1994 (c) is also improved with a garage building, built as an accessory structure in the rear yard with a setback at l+- feet from the southerly side property line. The deck area, now extends "as built" into the side yard, which places a portion of this accessory building in the side yard as well; (d) is improved with a new deck area which is the subject of this variance which extends "as built" into the side yard with a setback at 11 feet from the side property line. The new sideyards are 11 feet and 6 feet, rather than 13 feet and 6 feet, for a reduction of two feet. 2. By this application, appellants have requested approval for a reduction in the southerly yard setback by two feet, for an ll-foot setback for the new deck area (instead of the principal setback of 13 feet). The total setbacks, as built with the new deck, are now 17 feet, rather than the 19 feet previously existing. 3. The code requirement for a nonconforming parcel in this R-40 Zone District is regulated by ~100-244 of the Zoning Code as it pertains to less having less than 20,000 sq. ft. enacted in January 1989 for minimum sideyards at 10 feet and 15 feet. 4. It is the position of the Board that the amount of relief requested is not substantial in relation to the requirement, being a variance of two feet for the new deck. No other side yard would be reduced, and the garage has not been moved and will remain in the present location. 5. In considering this application, the Board also finds: (a) there is no valid public purpose which outweighs the applicant's difficulties for a two-foot variance for the southerly side, and two-foot variance for the total sideyards; the size of the deviation is de minimus; (b) a substantial change will not be produced in the character of the neighborhood; (c) the difficulty cannot be obviated by some method feasible for the applicant to pursue other than another variance; (d) in view of the manner in which the difficulty arose and the fact that additional land area is not available, the interest of justice will be served by allowing the three-foot side yard reduction. ' Pa~e 3 - Appl. No. 4210 Matter of STEPHEN T. VESEY and CHERYL SCHLITT Decision Rendered February 2, 1994 (e) the applicant's difficulties are self-created since the deck was not built exactly to plans issued under the Building Permit <#21755 dated 11/3/93>; (f) the difficulties claimed are uniquely related to the layout and general character, shape and size of this parcel and are not unreasonable; (g) in considering all of the above factors, the interests of justice will be served by granting the reduction in the sideyard, as requested. Accordingly, on motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, to GRANT the requested reduction of two feet from the southerly property line for the deck extension, "as built," with a setback at 11 feet, SUBJECT TO THE FOLLOWING CONDITION§: 1) There be no adverse lighting - all lighting must be shielded to the ground to prevent annoyance or glare onto neighboring properties. 2) That it remain unroofed, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Wilton and Villa. This resolution was duly adopted. lk RECEIVED AND FILED BY/ THE SOUTHOLD TOWN CLERK Town Clerk, Town of Sot~thold GERARD P. GOEPIRINGER, CHA~ APPEALS BOARD MEMBERS Gerard lq. Goehrin~er, Chairmsn Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, FEBRUARY 2~ 1994, commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4210 - STEPHEN T. VESEY and CHERYL SCHLITT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for the existing location of a deck addition "as built." A portion of the deck encroaches in the side yard. The accessory garage structure, which has existed, is also now partly in a side yard area. Location of Property: 2105 Old Orchard Road, East Marion, NY; County Tax Map Parcel No. 1000-37-3-6. Subject premises contains a lot area of 8,638+- sq. ft. and is located in the R-40 Low-Density Residential Zone District. 2. 7:35 p.m. Appl. No. 4211 - MARY HOLLAND. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, Page 2 - Notice o~earings So~thold Town Boar~of Appeals Regular Meeting of February 2, 1994 appealing the Notice of Disapproval from the Building Inspector, and requesting approval of the substandard lot area, width and depth for each of two proposed lots in this proposed subdivision application. Subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 9, Lot 19.1, containing a total lot area of 14,300+- sq. ft. Lot #1 is proposed at 7153+- sq. ft. in area, 101.41 feet of lot depth and lot width (frontage) of 70.59 feet along the westerly side Of Third Street. Lot #2 is proposed at 7147+- sq. ft. in area, 70.59 feet of lot depth and lot width (frontage) of 101.25 feet along the northerly side of Jackson Street, New Suffolk, Town of Southold. Each lot will contain a preexisting single-family dwelling and accessory storage building, which buildings are noted on the Pre-Existing Certificate of Occupancy No. Z-22830. 3. 7:40 p.m. Appl. No. 4161 - BARBARA KUJAWSKI. Request for Special Exception approving an existing Accessory Apartment in conjunction with the principal dwelling use and residency by the owner (owner occupancy) and subject to the provisions of Article III, Section 100-31B(14). Location of Property: House No. 125 (per Town Records) at the north side of Sound Avenue which parcel commences at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. This property consists of an area of 40,241 Page 3 - Notice o~earings SQuthold Town Board of Appeals Regular Meeting of February 2, 1994 square feet and is located in the Agricultural-Conservation (A-C) Zone District. T~e Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not · hesitate to call 765-1809 or visit our office. Dated: January 18, 1994. BY ORDER OF THE SOUTh{OLD TOWN BOARD OF APPEALS GERARD P. GOEERINGER C~IAIRMAN By Linda Kowalski x x TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. ,J N - 4 tgg4 NOTICE OF DISAPPROVAL To ..~tey~9.¥C§~ .................... P.o. Box 53 East [~arion, N.Y. 11939 Date DECEMBER 6, 93 .......................... , 19 ..... PLEASE TAKE NOTICE that your application dated NOVEHBER 3, lo 93 ~r permit ~ FOR DECK ADDITION "AS BUILT" Location of Property .... 2105 OI1).ORCIIARD LANE EAST NARION, I~W YORK House No. ' .................................................. Street Ham/e r County Tax Map No. I000 Section 37 Block 03 .......... · ............ Lot 06 Subdivision ................. Piled Map No ................. Lot No .................. is returned herewith and disapproved on tile ~llowiag grounds ............................... · Building Permit ~21755-Z was issued, but upon inspection it was noted that: I..T~.e above grade deck i'As Built" put the accessory garage in the side yard: and 2.-The deck o,~-mached in ~he required side yard setback on an R-40 Zone. I. Chapt..iO0-33 and 2. Bulk Schedule R-60 Zone. Rv 1/80 FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 · ,Z". Z/~/ TEL.: 765-1803 Examined .., 19..~a . Disapproved a/c ................................ 2 .... ,/(~ uilui 6r1~I'6 spec t or ) APPLIC/~TION FOR BUILDING PERM IT BOARD OF HEALTH ......... 3 SETS OF PI-,A~,{S ......... SURVEY .................. CHECK ......... Date ' · .............. 19... 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 on premises, relationship to adjoining premises or public sti'eets ~ or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. 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 issued a Building Permit to the applicant. Such 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 whatever until a Certificate' of Occupancy shall have been granted 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, buflding.,~ode, housing code, and regulations, and to ..~mit authorized i, spectors on premises and in building for necessary i~ (~ailing address o£ applicant) State whether applicant is owner, lessee, agent, architect, engineer, generai contractor, electrician, plumber or builder. meofownerofpremises-5 'e-V'e/) ' (as on the tax roll or latest deed) If applicant is a corporation, signature ot' duly authorized officer. (N nd titl f ffi ) ....... amea e o corporate o cer . Builder's License No .... .~.. ~.gv. ...... ' ......... Plumber's License No .......... .......... .. :. Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done .......... House Number Street Hamlet " Cou tyTaxMapN 1000Section ...; ....... Block ...... ' .. Lot .................. Subdivision Filed Map No Lot ' '". (Name) ' ' ' ................ 2: State existing use and occupancy of premises and intended use and occupancy of proposed construction~ 3. Nature of work (check which a~ : New Building .......... Adln .......... Altera~tion . ... Repair .............. Removal .............. Demolition .... : ......... Other Work ......... ~ 2, t)~O. t~o '"" (Description) 4. Estimated Cost ............. - ........................ Fee ..................................... · (to be paid on filing this application) 5. If dwelling, number of dwelling units ......... ...... Number of dwelling units on each floor .... · If garage, number of cars .. ........... 6 Ifb ~ ...................................................................... · usiness,sc mmercial or mixed occupancy, specify nature and extent o£each type of use .............. Di ....... 7. mension of existing structures, ifany: Front ............... Rear .............. De ...... ight N b ' . pth. He ............... um er of Stories ............... ' ..... Dimensions o shine structure with alterations or additions: Front · "- N b of St 8 D~ ;i'"~ ............. e ................... ,.. um er cries ........ · H men ons entire new construction: Front .............. : Rear ............... Depth ...... eight ........ Number of Stories .' .......... ' ........ 9. Sizcoflot: Front ................. ...i,... Rear ...................... Depth ................. 10. Date of Purchase ........ ~... ~.-.( f.~2 ...... .. Name of Former Owner . ,,~,t .r'~SN/.~-.~...~¢.rf/..r).e.. ~.. [[[[][ I I. Zone or use district in which premises are situated .......... ....................... ~., ..... 12. Does proposed construction violate any zoning law, ordinance or regulation: ,64~ ........................... 13. Will lot be regraded ....... : ....A/. Q.~... ~ ........ Will excess ~l]~e .remoyed from premises.: Yes .............................. auuress ................... Phone No .............. Name of Contractor .......................... Address ............ ~ ...... Phone No ............ '.. 15. Is thi~i~roperty within 300 feet of a tidal wetland? *Yes ........ No.~.. .... '' yes, Southold Town Trustees Permit may be required. ' ._ PLOT DIAGRAM Locate clearly and distinctly all buildings, Whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. "-"; ~' 5 '> ~' ' -' ..y - .1.%' ,"'-~ '";%.' ;"M FOF': THE :-,A~ CONSTRUCTION & ENERGY CCt~S. N~ RE~PONSIflLE FOR ~ r ~, ~,~- OR CONSTRUCTION ERRORS (Name of individual signing contt'act) above named. being duly sworn, deposes and says that he is the applicant (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained ~n this'application are true to the best of his knowledge and belief; and that the Work will be performed in the manner set forth in the application filed therewith· ' SWorn to before me this - Qualified in Suffolk Cpu?..~.//L~. , ' , ' ' (Signature of a lican TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD, N. Y. Name 8t Appelibnt Street and Nu~r~ber ~ ~O~ .............................. ~.:...~.4.H~REBY APPEL TO Municipalih, . State THE ZONING BOARD OF APPF-~LS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO....~../.i.~....~..,~:'..Z. ............. DATED ..... J,./.:.~...:.?..~ .......... ; ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Apj~licant for permit of ......... ......... .¥Z .................... Street and Number Municipality 5tote ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) I !. LOCATION OF THE PROPERTY .......................... ittt..;.t, ............... ~. ......................................... . Street ~'Hamlet / Use District on Zoning Map District 1007. Secti_.onDr} Block ~._L..o..t_~.=.Current Owner .~LEk-'Z~..)'/15~U Map No. 'Lot No.. Prior 0wner'~rJ:~grZ2 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance j?y number. Do not quote the Ordinance.) Article I(~O Section J-.3 And /3ulk .5'~hcd(41~. ~-~/~ ;Z~n~' 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A .VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Laws Art. ! 6 Sec. 280A Subsection 3 (.) PREVIOUS APPEAL A previous appeal (has) ~ been made with respect to this decision 4. Of the Building Inspector or with respect to this property. ' Such appeal was ( ) request for a special permit .. ~ ) request for o variance crud was made ih Appea! No ................................ Dated .................. ~ ......... ~r ........................................ RE~SON FOR APPE&L " ( ~ A ~r:once to necdon ~u~ Suusc~tio~ ,~ (~) A Variance to the Zoning Ordinance ( )' }"o rm Z3! (Continue on other side) REASON FOR APPEAL Con t int~.~ 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF T~E DiS IKICT because · . Lbl~n.i~? , ~-~-?~ - . .. . · STATE OF NEVJ YORK ) COUNTY O~(~-~' ss -- U Notary Public ELIZABETH ANN NEVILLE ' Notary Pubfic, State of £;3w York No. 52-8125850, Suffolk Cou~nty, Term Expires October 31, / /~,~- ,79 -,~- ~ ' TOWN ~? OF SOUTHOLD PROPERTY RECORD CARD "~THi OWNER STREET '~'/ FORMER OWNER C~J~C~ I~ W N' E ACR,.~,~ : ~ ~ o~ S W ~PE F BUILDING RES. ~ S~S.' V~ FARM COMM. CB. MISC. Mkt. Value ~Ng ~M~. TOTAL DA~E RE~ARKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Value Per Value Acre ,' . Woodland /'" Swampland -. FRONTAGE ON WATER B~.~.~ -? =~ .'. . . ,"-'- ~ F~ONTA~E ON ROAD ~ '- 0~&~, ' ' a~~ ' -~ ...... ~,:,;-;: ........ -~ " '~'"'~- ' DOCK Bldg. Extension Extension Extension E-NCU~. Porch P.~-h~ec Breezeway Garage Patio O. IB. Total 2,2.,4 COLOR TRIM Foundation Basem. ent Ext.,Walls IFire Place Type Roof ~Z~eatlon Room Dormer' ~veway /Yo0 Bath Floors Interior Finish Heat ~ ~ Rooms 1st Floor BR. Rooms 2nd Floo~ FIN. B. ,/ SCALE- -30L I" .58 58 30 E. STEVE[" i ,,T. FOFC V ~_...) ~_ Y ~.u8 58 ~kO 'w, ,~,,.~s: '] L..LO¥ KIO'S. REFER TO MAPSOF'~AFZDIHEFZS B__A~Y :". Of"~IC~'.A~ MAP NO; E75 · 255. :2: S.UFF,, C,C).T,,N~ MAP' OATA ~IQOQ -057-3- ,~ AMI:KIDL=O DEG. ~3 A5 SUP. V EYED o,EC,,14 ~99~ ~ODEI~ICW VAIxi _TUYL, P,C. "-2 , ~,i APPEALS BOARD MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Eichard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 7, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Stephen T. Vesey and Cheryl Schlitt P.O. Box 53 2105 Old Orchard Lane East Marion, NY 11939 Re: Appl. No. 4210 - Deck, As Built, with Reduced Side Yard Dear Mr. Vesey and Ms. Schlitt: Attached is a copy of the Board's recent findings and determination rendered at our February 2, 1994 Regular Meeting concerning the above application. Please be sure to return to the Building Inspector concerning the outstanding building permit application, certificate of occupancy and any other review may be required. Copies of this determination have been forwarded to the Building Department for their update and permanent records. For your information, a copy of your file has been transmitted to the Suffolk County Department of Planning for their review as required by the County Administrative Code concerning variance projects located within 500 feet of a waterway. After they have forwarded their comments to our office, we will in turn forward a copy to you for your file. Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehrin~er, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 22 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Stephen Vesey and Cheryl Schlitt P.O. Box 51 East Marion, NY 11939 Re: Appl. No. 4210 - Variance Dear Ms. Schlitt and Mr. Vesey: Please find attached a copy of communications transmitted to our office from the Suffolk County Department of Planning which results from their review in accordance with the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area and its tributaries. You will note that the County has left this project for local (Town) determination. No other steps are necessary on your part. , This copy is for your update and recordkeeping. Very truly yours, Enclosure Linda Kowalski DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. February 16, 1994 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) which have been referred to the Suffolk County Planning Comm{ssion are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. :licant(s) sey (Stephen) & Schlitt (Cheryl) Municipal File Number(s) 4210 Holland, Mary 4211 Z~,mer, Frank 4212 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Richard C. Wilton Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning C~ission: XX Variance from the Zoning Code, Article IIIA , Section 100-30A.3 Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section __Special Permit Appeal No: 4210 Applicant: Stephen T. Vesey and Cheryl Schlitt Location of Affected Land: 2105 Old Orchard Rd., East Marion, NY County Tax Map Item No.: lO00- 37-3-6 Within 500 feet of: __' Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to reduce two feet from the southerly property line for the deck extension, as built, with a setback at 11 feet. Copies of Town file and related documents enclosed for your review. Dated: Feb. 8, 1994 APPEALS BOARD MEMBEP, S Gerard P. Goehrin~er, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTE FOR THE FILE AND BOARD MEMBERS: Please note: SCOTT L. HARRIS Supervisor Town Hall, 53095 M.i. Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1/5/94 - Building Inspector's Office confirmed that the reason the deck was permitted in the first place was because it was shown to be at grade and not elevated. When the deck was built and subsequently inspected, the deck was found to be above ground level (raised). Placement of a raised deck extension (as enlarged to extend into the side yard) does also place the existing garage in the side yard area. <Photographs, on file, have been furnished by the owners (who are under contract to sell and close as soon as the purchasers received a mortgage commitment, etc. - probably in February)>. PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD February 2, I994 (7:30 p.m. Hearings Commenced) Present : HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKi, Clerk-Assistant to Board Southold Town Boaelof Appeals 2 Febr~r2,Reg~a 1994 Meeting APPLICATIONS /No. 4210 No. 4211 No. 4161 No. 4212 - No. 4213 - INDEX PUBLIC HEARINGS FEBRUARY 2, 1994 STEPHEN T. VESEY and CHERYL SCHLITT . MARY HOLLAND BARBARA KUJAWSKI . . FRANK ZIMMER F~RM IRWIN and AGNES FRICK · Pages 3-6 7-11 12-17 19-29 30-32 Southold To~n Boa=d of Appeals -3- Feb=ua=y 2, 1994 Public Hea=ings 7:35 p.m. Appl. No. 4210 - STEPHEN T. VESEY and CHERYL SCHLITT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for the existing location of a deck addition "as built." A portion of the deck encroaches in the side yard. The accessor~ garage structure, which has existed, ls also now partly in a side yard area. Location of Property: 2105 Old Orchard Road, East Marion, NY; County Tax Map Parcel No. 1000-37-3-6. Subject premises contains a lot area of 8,638+- sq. ft. and is located in the R-40 Low-Density Residential Zone District. The Chairman read the Legal Notice of Rearing for the record and application. CHAIR~AN: There are several pictures in the file, a copy of the survey produced by Roderick VanTuyl, P.C. dated Decem- ber 14, 1993 indicating the deck and/or decks in the rear of the property and the garage which is now attached to the deck which is approximately one foot from the property line on the southerly side - southeasterly side. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard concerning Southold Town Board of Appeals 4 February 2, 1994 Regular Meeting STEPHEN T. VESEY: Should I stand. CHAIRMAN: Sure. Come on up to the mike. Enjoy yourself - spread out your papers (jokingly). MR. VESEY: I'm Steve Vesey; I'm the applicant. And this is Cheryl Schlitt also applicant. And we feel the application is Self-explanatory. And hope the Board will give us a favorable ruling and are hear to answer any questions the Board might have regarding the variance. CHAIRMAN: Ok. At no time in the future you anticipate closing this? MR. VESEY: No. CHAIR~%N: It will remain open. be a screened-in porch. I mean it's not going to MR. VESEY: It was developed for outdoor living space. CHAIRMAN: I have to be honest with you. We did have a variance in the area, and I believe I had seen it at that time. Southold Town Board of Appeals 5 February 2, 1994 Regular Meeting ! was out there, and I had never seen more ice in one area in my life. MR. VESEY: One of the reasons the deck was created is we have a lot of downspouts from off the roof, and the area gets very wet. So it's a ground-level deck. It helps us to get above the water, and the mud. C~AIRMAN: Very good. Are there any questions of any Board Members of this gentleman? MEMBER DOYEN: No. CHAIRMAN: Bob ? MEMBER VILLA: No, I don't. CHAIRMAN: Jim? MEMBER DINIZIO: Absolutely not. C~AIRMAN: If you want to hang around, we may have a decision for you tonight. It's entirely up to you. I have no idea Who lengthy we're going to go. All right? Southold Town Board of Appeals 6 February 2, 1994 Regular Meeting MR. VESEY: Thank you. CHAIRMAN: You're welcome. Is there anybody else that would like to speak either in favor or against this application? (None) Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. Seconded by Member Villa and duly carried. (See Minutes for Findings and Determination) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY. SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4210 DATE: JANUARY ~,. 199u, Transmitted is application for variance submitted by STEVEN T. VESEY & CHERYL SCHLITTtogether with noticeto adjacent property owners; short environmental assessment form; Zoning Board of Appeals Questionnaire form; Notice of Disapproval from the Building Department; together with other relevant documents. Judith T. Terry Southold Town Clerk APPEALS BOARD MEMBERS Gerard R Goehring~r, Chairman Serge Doyen, Jr. James Dinizio, Jr, Robert A. Villa Ri.h.~d C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 18, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Steven T. Vesey 2105 Old Orchard Road East Marion, NY 11939-0053 Re: Appl. No. 4210 - Variance for Side Yard Locations Dear Mr. Vesey: We are in receipt of your application for a Variance concerning the "as built" deck which encroaches into the sideyard and locates the accessory garage building partly in the sideyard as well. Your application is expected to be further reviewed and structure inspected by the Board Members within the next 10 days. Notice of the public hearing has been forwarded to the Long Island Traveler-Watchman and Times-Review newspapers for their publication this Thursday. The date of your public hearing has been set by the Board for Wednesday, February 2, 1994, and will begin at 7:32 p.m. A copy of the Legal Notice is attached with further details. Please have someone appear in behalf of the applicants at the time specified. If your presentation is lengthy, additional time will be made available for you. In the interim, it is possible that new documentation may be added to your file either in favor, or against. Please feel free to call our office at any time for an update (prior to the hearing). Please note that amendments for other relief are permitted only by separate application, if deemed necessary byyou, since the description in the Legal Notice is limited to the request being made in the application at the date of filing. If you have any questions, please feel free to contact our office. Yours very truly, Linda Kowalski Enclosure Clerk, Board of Appeals PUBLIC HEARINGS NOTICE IS HEREBY GIVEN. pmsuanl lo Section 267 of the Town ~ Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Mai~ Road, Southold, new Yo~k 11971, on WEDNESDAY, I~BRUARY 2, 1994, commencing al the times specified below: I. 7:32 p.m. AppL No. 4210 -- STEPHEN T. VESEY and CHERYL SCHLITT. Variance to the Zoning Ordinance, Article Ill-A, Section 100-30A.3 for the existing location of a deck addition "as heill." A portion of the deck encroaches in the side yard. The accessory garage alruelure, which has existed, is also now partly in a side yard a~ca. Loca- tion of Property: 2105 Old Orchard Road, Eask Matieo, NY; County Tax ~ Patecl No. [000-37-3.6. Subject :P~mi~es'~bn~ns a lot area of g.63g=~ sq. ft. and i~ located in the R-40 Low. Density Residential Zone District. ' 2.7:35 p.m. AppL No. 4211 -- MARy HOLLAND. Variance to the Zoning Ordinance, Arricle'lll'-~A~ Section 100-30A.3, appealing the No- rice of Disapproval from the Building Inspector, and requesting approval of the subslandard Iol area, width and depth for each of two proposed Io~s in this peoposed subdivision application. Subject premises is identified on the Suffolk County Tax Maps as District 1000, Section I 17, Block 9, LOt 19.1, containing a +.oral lot area of 14,300~ sq. ft. LOl #1 is prpposed at 7153± sq. ft. in a~n, 101 Al feet of lot depth and lot width (frontage) of 70.59 feet along the westerly side of Third Street. Lo~ #2 is proposed at 7147± sq. ft. in a~.a, 70.59 feet of lot depth and lot width (frontage) of 101.25 feet along the northerly side of Jackson Street, New Suffolk, Town of , Southold. Each Io~ will contain a pre- existing single-family dwelling and accessory storage building, which buildings are noted on the Pre- Existing Ce~ficate of Occupancy No. 3.7:40 p.m. AppL No. 4161 - BARBARA KUJAWSKL Request for Special Exception approving an existing Accessory Aparm~nt in con- junction with the principal dwelling use and residency by the owner (owner eccupancy) and subject to the provisions of Article III, Section 100- 3JB(145). Location of Property: House No. 125 (per Town Reconls) at the north side of Sound Avenue which parcel commences at a point approximately 51 feet east of the Rivethead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Matrituck, NY,; County Tax Map Parcel No. 1000- 120-1-2.2. This property consists of an area of 40,241 square feet and is located in the Agricultural- Conservation (A-C) Zonc District. The Board of Appeals will at said time and place hear any and all per- sons or represealafives desiring to be heard in the above matter~. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: January 18, 1994. BY ORDER OF THE ~, ~' : SOUTHOLD ~,?~ ~TOWN BOARD OF APPEALS "" ~ ' GERARD P. GOEHRINGER Tq CHAIRMAN By LiMa Kowalski STATE OF NEW YORK) ) ~S: ~of Mattltuck. in said County, being duly sworn, says that he/she is Principal Clerk of THE ~ut~FOLK TIME~, a Weekly Newspaper, published at Mattituck. in the Towu of Southold. County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week the ~-~C~ day of'.-~dM~19'f'~. c sn VOUNSra ///,.: · ._ f Lt.,, Noury Put~, Sim of now York ~ No. 6004884 d'i_f ..... Qualified lo Suffolk ~ ~ ~rmelpo, cgerx .~omrnisojon .Explreo N? 23. 19f.~ * Page 4 - Notice of~arings Southold Town Board-of Appeals Regular Meeting of February 2, 1994 Copies to the following 1/18/94: Times-Review Newspaper (fax transmission) L.I. Traveler-Watchman (fax transmission) Newsday (Courtesy Copy for Government Watch Section) Original Posted on Town Clerk Bulletin Board (in Lobby) Building Inspector's Office Planning Board Office Supervisor's Office Town Attorney's Office Applicant or Agent Copies to ZBA Members with copies of file documents Catherine A. Mesiano, Inc. P.O. Box 1981 Riverhead, NY 11901-1981 Mrs. Mary Holland Jackson Street, P.O. Box 617 New Suffolk, NY 11956-0617 Ms. Barbara Kujawski P.O. Box 1113 Mattituck, NY 11952-1113 Richard F. Lark, Esq. (Re: Main Road, Box 973 Cutchogue, NY 11935-0973 Mr. and Mrs. Steven T. Vesey 2105 Old Orchard Road, Box 53 East Marion, NY 11939-0053 (Re: Mary Holland) Kujawski, John) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Do~en, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ', January 4, 1994 S.E.9.R.A. TYPE II ACTION DECLARATION Appeal No. 4210 Project/Applicants: County Tax Map No. Location of Project: Steven Vesey & Cheryl Schlitt 1000- 37-3-6 2105 Old Orchard Rd., East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Garage in sideyard and deck in sideyard, as built This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, $outhold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc TOWN OF $OUTI,IOLD BUILDIN~ DEPARTMENT TOWN HALL $OUTHOLD, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED] 21755 Z CourrlyTax Map No. 1000 Section ......... .~.......~..... Block ........... ~ ....... LotNo ....... ~. .................. pursuant to application dated ......... ./..~..~. ...............................19...?.,,.~...., and approved bythe Building Inspectol'. ' ,~ Rev. 6/30/80 4 ¥ ~-~j /o~ :~ c~ FORM NO. 4 TOWN OF SOUTltOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy No...~79~ ......... Date ....D.e.qe..m.'p.e.r.. 2..0 ................. 19.7.9.. THIS CERTIFIES that the building ................................................ Location of Property ..... Z1.05. O. ld. 0r. ch~tr.d, .R. O~a~ ............E.a..8.~..~.a..r.l.qn.,..ff..:(: · House No. Street Ham/et County Tax Map No. 1000 Section ...... 3.7... ·Block ...... 0~. ...... Lot ...... 0.6. ........ Subdivision ............................... Filed Map No ......... Lot No .............. requiremen1:s for a one family dwelling built prior conforms substantially to the ~~~m~~~:ff~il~Ya~lc Certificate oK Occupancy · .. At, ri1..Z3 ........ ,19.5.7 pursuant to which Bs~M~:Ig~]~I ........ Z979B ........ dated .... ~ecemher. 2D. .......... 19 7.9, was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... .Pr i.v. ate. One. Fmmily. Dwelling .......... ................. T~e ce,incate is i~sued to ........... ~.o.~a. ~.~..0.,. ~.c. ha. t.e~..~...o×~ .......... .~. (owner, of the aforesaid building. Suffolk County Department of Health Approval ............. .N./.R. ......................... UNDERWRITERS CERTIFICATE NO ..................... .N./.R. ......................... · · .%~. d,??¥~.~.~ .... ~ ........ I .......... Building Inspector Location BUILDING DEPARTMENT TOWN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT 2105 01d Orchard Road East Marion, N.Y. (number & street) (Municipality) Subdivision Gardiners Bay Estates Map No. 275 Lot(s). 15 & 13A Name of Owner(s) Donald 0. Schafer & Ors Occupancy R - 1 (type) Admitted by: Mr. Lewis Key available Source of request unoccupied (owner-tenant) Accompanied by: Mr. Lewis- Suffolk Co. Tax No. 1000-37-0~-06- Robert W. T~sker~ Esq. Date Nov. 30~ 1979 D%'[ELLING: Type of construction Wood frame #stories Foundation Cement block Cellarpartial Crawl spac~ · Totalrooms, 1st. F1 ~ 2nd. F1 3rd. F1 Bathroom(s) 1 Toilet room(s) Porch, type E~closed Deck, type Patio, typ~ Breezeway Garage Utility room TyPe Heat Gas space 'Warm Air X Hotwater Fireplace(s) No. Exits Airconditioning Domestic hotwater Yes Type heater Gas Other one X ACCESSORY STRUCTURES~ Garage, type cons~ Wood/1 car~ Storage, type co~st... Swimming pool ~ ~ Guest, type"const. Other yIOLATIONS: Housing Code, Chapter 52 Location Description Art. Sec. Cellar Temporary supports under ~irder TrI 52-50-A Cellar Water washing under foundation III 52-30-~ Remarks: Inspected by:~¢~ . . Curtis Morton Date of Insp. Dec. 20, 1979 Time start 11:00end 11:20 a.m. istrict: 000 ection: 37.00 lock: 3.00 ot: 06.0C.O C:ONSULT TOUR L~WYSR IISFOR! SIf, NINJ THIS INSTRU~41NT - THIS INSTRUMENT SHOULD B! USID BY LAWYERS ONLY 'THIS INDENTURE, ma:de the BETWEEN BARBARA GARDNER Darien, day of residing at Connecticut, August , nineteen hundred and eighty-seven 45 R Old Farm Roa~r~[-~v/7 party of the first part, and ~I-E.o~E~ESY. and tHERYL SCHLITT, both residing no #, Main Road, Mt. Sinai, New York at¸ party of the second part, WITNF~SETH, that the Party of the first part, in consideration of ten dollars and other valuable consideration paid by thdparty of the second part, does hereby grant aud release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, A.LL that certain plot piece or parcel of land, with the bnildings and improvements thereon erected, situate, ymgandbeingi~g~ at East Marion, in the Town of Southold, County of Suffolk and State of New York, which plot is known aa and by the Lot Numbers 13 (thirteen) and 13A (thirteen A) as shown on a map entitled, "MAP OF SECTION TWO GARDINER'S BAY ESTATES, situated at East Marion, Long Island" which map was filed in the Suffolk ' - County Clerk s Office on September 23rd, 1927, under the Number 275. BEING AND INIENDED TO'BE the same pr~mises as cor.,vcyed to the party of the first part by deed dated January 16, 1981 recorded Jaguar9 22, 1981 in Libor 8c. 49 page 243. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abuttiug the above described premises to tl~e center lines thereof; TOGETHER with Ihe appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of thc party of the second part forever, AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consld- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be constrned as if it read "parties" whenever the sense of ibis indent.nrc so requires. IN WITNESS WH£REOF, the party of the first part has duly executed tfiis deed the day and year first above written. / B-~r~bara GardE'er 16Bl~ COUN~f OII $i KO ! k SS, ST&TI OF NIW YOR~OUNTY OP SS, day of August 19 8~before me On the day of 19 , before me me. personally came -' Barbara Gardner, nt)wn t,~ be the individual described in and who to me known to be the individual descr'ibed in and who ~ , .d the foot'going Instrument, and acknowledged that executed the foregoing instrument, and acknowledged that ',' e~ecuted the same. executed the same. Notary P u b Ftc STATI OS NEW YORK. COUNTY OP SS! STATE OP NEW YORK, COUHTY OII SS: On the day of · 19 , before me Ou the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, (lid depose and tbs subscribing witness to the foregoing instrument, with say that he resides at No. whom ! am personally acquainted, who, being by me duly ; sworn, did depose and say that he resides at No. that lie is the ; of that he'knows · the corporation described in aud which executed the foregoing instrumem; that he to be the individual knows the seal of ~id corporation; tlla~ the seal afl~xed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw a0fixed by order o! the board of dlrector~' of said corpora- execute the same; and that he, said witnes% lion, and that he signed h name thereto by Ilks order, at the same time subscribed h name as witness thereto. I*¥1TH COVENANT AGAINST GRANTOR'S Ac~s TITLE NO. GARDNER TO VESY & SCKLITT i SECTION BLOCK LOT COUNTY OR TOWN Recorded al Iteque~t o/ CHICAGO TITLE INSURANCE COMPANY Itetum by Mail to DOUGLAS P. 'PERRY, ESQ. 340 Willis Avenue Mineola, NewYork 1150! Zip No. 617,21 AppBndix C State Envlrohmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1, APFLICANT ISPONS R I SEQR 5. IS PROP RED ACTION: ~New [] Ex~ansfon [~ Mocllflcatlon/alterltlo~ 6, DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ~ANO AFFF.,~TED: Initially ir'~" acres Ultimately · ~2- acres 8. WILL PROPOSED A ;ON GOMF[.Y WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9. WHAT ;S *****NT ~"D USE I, VICINI~ 10. DOES ACTION INVOLVE A PERMIT APPROVAl. STATE Off LOCAU? / . 12. AS A RESULT QF P ~SED ACTION WILL ~ISTING PERMIT/APPROVAL REQUIRE MODIFICATION? CERTIFY THAT THE INFORMATION .PROVIeED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Date: If the action is in the Coastal Area, and you are a state agency, complete rrm Coastal Assessment Form before proceeding with this assessment OVER 1 .(Continued on reverse side) The N.Y.S. Environmental Qualit Re ' · before any action is taken. -~ ue ~:a~e ~y this board ~HORT ENVIRONMENTAL ASSESSMENT I~NSTRUCTION$: (a) In Order to answer the questions in this short F2%F it is assumed that the preparer will use currently available information concerning the project and the likely impacts Of th~ action. It is not expected that additional studies, research or other investigations will be Undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) ~nvironmental Assessme~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Will ther~ be a major change to any unique or un~ual land forra on the site? 3. Will project alter or have a large effect on an.existing body of water? 4. Will projec~ have a potentially large impact on groundwater quality? 5. project? g'es .'~NO Will project significantly effect drainage flow on adjacent sites? ,, · Yes _~No 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on' air quality? Yes'_No 8. Will project have a major effect on visual char- acter of the community or scenic Views or vistas known to be importan~ to thecomm~nity? . ..__Yes ..~N0 9. Will project adversely impact any site or struct-' ute of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local.agency? Yes 10. will project have a m~jor effect on existing or future recreational opportunities? _~Yes ~No 11. Will project result in major traffic problems Or cause a major effect to existing transportation · ' ' systems? ' __.~es ~____~o 12. Will project' regularly cause objectionable odors, noise, glare, vibration., or electrical disturb- ance as a result of.the.project,s operation? ~Yes ~No 13. Will project have any impact On public health or safety? 14. Will project affect the existing come, unity by ~Yes directly causing a growth in permanent popula- tion of more than 5 percent over a One-year ~Yes period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy concerning the QUESTIO~AIRE 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.) B. Is the subject premises listed on the real e/rate market ~or sale' or being shown to prospective buyers? {%/'} Yes { } No. '(If Yes, pl~ a~e~,h c~ of "condit~nr~" of sa_le.) C. Are there =~y m=uposals rD =hange~r alter land ( } Yes {X} No D. 1. Are there any areas which contain wetland grasses? Y~ 2. Are the ·wetland areas shown on the map submitted with this application? ~A, 3.. Is the property bulkheaaed between the wetlands area and the upland building area? ~, 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~A, E~ Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? .~,~, (If not applicable, state "N.A.") F. Are there any patios, ~oncrete barriers, bulkheads or fen~as which e~i~t and are not ~huwn on the survey map that you ara submitting? DD/?~_- If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? ~ 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 owh other land close to this parcel? DO If yes, please ~xplain where or submit copies of deeds. I. Please list present use or operations parcel -~.b~!~-~ ¼~ / proposed usa ~mirl~,'%4i~ I conducted at this and Autnorl~zed Signauure and D~ 3/87, 10/901k § 97-13 WETL.~NDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou:hold. [Added 6-5-84 by L.L. No. 6-1984] Tv'ETL.~NDs [Amended 8-26-76 by LL. No. 2-1976; 3-26- · "~- '~I'DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered W/th. or which border on. t/da{ wa~ers, or lands ]ying beneath t/da{ waters, which at mean iow tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh s~bject to such tides and upon which grows or may grow some or any of the following:, salt hay, black · grass, saltworts, sea lavender, tall cordgrass, high bush, curtails, groundsel, m."rshmaUow and lOw (3) AIl land immediately adjacent to a tidal w~ttand as defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: · (1) "Freshwater wetlands" as defined in Article 24. Ti- tle I. § 24-0107, -qubdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) Ali land immediately nd' " · .}acent to a freshwater wet- la d. as defined in Subsection B(1) and lying with- in seventy-five (75) fee't landward of the most land. ward edge of a "freshwater wedaad." 9705 EI,MOKIUMEMT .58 58~0 E. .~.5.. 58 DO w, MAP OF PFe 0 P E FeT¥' VESEY STEVEPq '7-:,. AT TOWN GF SOUTHOLP, N.Y. Z15.95 ,FI LED IN THC S, LIF_.~ ¢0. CI..~,P.I/-., $ MAP NO;. E75.~.~55,.. AMEENII:~:O ID~-~. 2D ~ IC~:5 ~ODEF~ICI4 VAI'4. TUYL, P,C. :LIC, LkNDSUf2VEYOE5 , GEEENPO~T, MM 037 APPEdSd,S BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richard C. Wiltnn Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4176. Upon application of JOHN AND CONSTANCE CRONIN. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. WHEREAS, a public hearing was held and concluded qn June 22, 1993; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. This application is an appeal of the May 6, 1993 Notice of Disapproval issued by the Building Inspector for an existing open, unroofed deck addition extending 16 feet off the rear wall and having a width of 22 feet, and an attached open walkway six feet off the southwesterly (side) wall of the dwelling, all as shown on the sketch submitted with the application. 2. The property in question is known as Lot No. 14 on the Map of Gardiners Bay Estates, Section Two, filed, with the Suffolk County Clerk on September 23, 1927 (prior to the enactment of zoning). This lot is further identified on the Suffolk County Tax Maps as District 1000, Section 037, Block 03, Lot 007, and consists of an area of 4,638 square feet and lot width of 40 feet along Old Orchard Road, East Marion. 3. The portion of the deck construction necessitating relief as to rear yard location is shown by applicant to be at a setback of 20 feet from the rear line (instead of the required 35 feet). Also, the open wooden walkway at the southwest side Pag~ 2 - Appl. N~ 4176 "Matter of JOHN L. k.D CONNIE CRONIN Decision Rendered June 22, 1993 is shown by applicant to have a setback at 1.7 feet (or slightly more) from the side property line, which is closer than established nonconforming sideyard of the dwelling at 6.6 feet. The lot coverage is calculated at not more than 32 percent of the land area, (although the figure furnished by the applicant's attorney is 1,472+- sq. ft. which is slightly less). 4. It is the position of this Board in considering this application that: (a) the circumstances are unique to the substandard size of layout of this property and are not personal to the landowners; the floor less than (b) the relief requested is not substantial - and area of the dwelling as exists is 792 sq. ft. which is today's minimum requirement of 850 sq. ft.; (c) the relief requested will not alter the essential character and is in harmony with the intent of zoning; (d) there is no other method feasible for appellants to pursue other than a variance - the land area is very small and cannot be increased in size; (e) the benefit to applicant is minimal and will not cause an undesirable change in the character of the neighborhood ora detriment to nearby properties by the grant of the variance; (f) the proposed variance Will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (g) the deck and attached walkway which is the subject of this application is existing, and although the difficulties claimed may be considered in some respect as "self-created," this Board finds that this does not preclude the granting of the relief - in light of all of the above findings. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED to GRANT the relief requested (and described in the above findings) for an open, unroofed deck with side walkway, as exists, subject to the following CONDITIONS: 1) This relief is limited to an open, unroofed, unenclosed deck and side walkway, as requested; .Pag~ 3 - Appl. N~ 4176 Matter of JOHN L. k.D CONNIE CRONIN Decision Rendered June 22, 1993 2) There shall be no expansion or extension of the deck and walkway - unless further consideration, after formal application, is obtained; 3) Any and all outside lighting must be shielded to the property without glare to neighboring areas. 'Vote of the Board: Villa and Wilton. was duly adopted. lk Ayes: Messrs. Goehringer, Dinizio, (Member Doyen was absent.) This resolution J ·"~' ! (~ COUNTY OF SUFFOLK !,~.m SI JTHOLD I "' I / .,,.,~.a,~ ..... ,0,, I~%':- 057 NOTICI~ OF PUBLIC HEARINGS NOTICE IS HEREBY OIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, FEBRUARY 2, 1994, commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4210- STEPHEN T. VESEY AND CHERYL SCHLITT. Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3 for the existing location of a deck addition "as built:' A portion of the deck encroaches in the side yard. The accessory garage structure, which has e~isted, is also now partly in a side yard area. Location of Property: 2105 Old Orchard Road, East Marion, NY; County 'Fax Map Parcel No. 1000-37-3-6. Sub- ject premises contains a lot area of 8,638& sq. ft. and is located in the RiO Low- Density Residential Zone District. 2. 7:35 p.m. AppL No 4211- MARY HOLLAND. Variance to the Zoning Ordinance, Ar- ticle III-A, Section 100-30A.3, appealing the Notice of Disap- proval from the Building In- spector, and requesting ap- proval of the substandard lot area, width and depth for each of/~wo proposed lots in this proposed subdivision applica- tion. Subject premises is iden- tiffed on the Suffolk County 'lhx Maps as District 1000, Section 117, Block 9, Lot 19.1, containing a total lot area of 14,300+ sq. ft. Lot NO. 1 is proposed at 7,153 + sq. ft. in area, 101.41 feet of lot depth and lot width (frontage) of 70.59 feet along the westerly side of Third Street. Lot No. 2 is proposed at7,147+ sq. ft. in area, 70.59 feet of lot depth and lot width (frontage) of 101.25 feet along the norther- ly side of Jackson Street, New Suffolk, Town of Southold. Each lot will contain a preex- isting single-family dwelling and accessory storage building, which buildings are noted on the Pre-Existing Cer- tificate of Occupancy No. Z-22830. 3.7:40 p.m. Appl. No. 4161- BARBARA KUJAWSKI. Re- quest for Sl~n:iai Exception approving an existing Ac- cessory Apartment in con- junction with the principal dwelling use and residency by the owner (owner occupancy) and subject to the provisions of Article III, Section 100-31B(14). Location of Pro- perty: House No. 125 (per Town Records) at the north side of Sound AYenue which parcel commences at a point approximately 51 feet cast of the Riverhcad-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Mattituck, N'~ Coun- ty Tax Map Parcel No. 1000-120-1-2.2. This property consists of an area of 40,241 square feet and is located in the Agricultural*Conservation (A-C) Zone District. The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitred prior to the conclusion of the subject hear/ng. Each hearing will not start before the times designated above~ If you wish to review the files or need to request more informa- tion, please call 765-1809 or v/sit our office Dated:~January 18, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-1/20/94(25) C()UNTYOFSUrFOLK SS: SI'AI'F_OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, o( THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that tile notice o1' which tile annexed is a printed copy, 6~5 hcen pul)lisbed in said I_ong Island Iravclei-Watchm;m oncec,tch week ~ot .... /... wee',s Sworn to belole nlc Ibis .................... cia)/ of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of Eew York No. 48002,46 Qualified ill Suffolk County C.0mmission Expires J4N24 ,. 1, ., BOARD OF APPEALS, TOWN OF $OUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it i's the intention of the undersigned to petition the Board of Appeals of thc Tow~ of Southold to request a ~ar~(Spccial Exception) (Special Permit) (Other) . [circle choice] ). 2. That the property which is the subject of t/.f~ Peti, tion is located adiacent to your property and is des- cribed as follows: 3. That ~roperty which is the subject of such Petition is located in the following zoning district: 4 lhat h% such Pelition, the undersigned will request the following relief: /~_ OJ)/JVI~- ~]F~C~% d~- . I ' 5. That the provisions of the fiouthold Town Zoning Code applicable lo the relief~ought by the under- signedare ~cle /~ ~ _~ ~ ~]~ .~/~UJ~ ~-~D [ ~ Sec:~on 280-A, New York Town Law for approval of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (5~6) 7~5-~809. · 7, Tha't before the relief sought may be granted, a public hearing must be held on the matter by the Bdard of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler*Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. , wne Pos~ Office Address Tel. No. (m&) [Copy of sketch or plan purposes,] showing proposal to be attached for convenience 371 429 261 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Certified Fee Special Delivery Fee Restricted Defivery Fee Return Receipt Showing Postmark o ate :~ROOF OF MAILING OF NOTICE CERTIFIED P[AIL RECEIPTS ADDRESS 5 STATE OF NEW YORK COUNI~Y OF SUFFOLK ~oSk~ F¢¢~ I ~Y II ¢~-OD5¢ , being duly sworn, deposes and says that on the ~ day of ~DIJ~ ' ,19 ~, deponent mailed a true copy of the Notice set forth on the re- vers~side hereof, directed to each of the above-named persons at the addresses set opposite their r~pective names; that the addresses set opposite ~he names of said persons are the addresses of said persons as shown on the current ass~sme~ roll of the .Town of Sopthold; that said Noticm were mailed at the United States Post Of- rice ai '~Z J.~_T:'..T)% ~W~~ ;that said Notices were mailed to each of said persons by · Sworn to before me this ~ - O Notary ?ubli~ ELITeS, BETH ANN NEVILLE No~.ary Public, State of r:,~w York 52-8125850, Suffolk Cour~ Terr~ Expires October 31, 19-~ (This side does not have to be complet'ed on form transmitted to adjoining property owners.)