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HomeMy WebLinkAbout4307 ~ e ~~,r r~ ~ ~t'12Ed`.C~-! ,rim i % OG,~" 8~=._?" !z./~rh O~Lr®f~ G.~° e' 6 ~N~ ~f^ ~ APPEALS BOARD MEMBERS SAFF01.fearn Southold Town Hall Gerard P. Goehringer, Chairman o° < 53095 Main Road Serge Doyen, Jr. CA x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~1J O~ Fax (516) 765-1823 Lydia A. Tortora Oj ~O Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: April 11, 1995 APPL. #4307. APPLICANT: JOHN AND JOAN STROH LOCATION OF PROPERTY: 1050 Pine Avenue, Southold, NY COUNTY TAX MAP DISTRICT 1000, SECTION 77 BLOCK 3, LOT 2 Also referred to as "combined lots 50, 51 and 52" on the Map of Goose Bay Estates filed November 13, 1934 as Map No. 1176. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated March 29, 1995: "Article IIIA, Section 100-30A.3. Proposed construction will have insufficient side yard setback." PROVISIONS APPEALED FROM: Article IIIA, Sections 100-30A.3. RELIEF REQUESTED: Approval of 11" to 15" variance from side yard setback requirement, for a setback at 1319" (13.75 feet) at its closest point for a proposed seven-ft. porch addition at the northerly side of the existing single-family dwelling. MOTION MADE BY: Lydia A. Tortora, Member SECONDED BY: Serge Doyen, Jr., Member ACTION/ RESOLUTION ADOPTED: Granted as applied, with a setback at not less than 13 ft. 9 inches (or 13.75 feet) for the proposed porch addition at the north side of the existing dwelling. REASONS/ FINDINGS: The preexisting single-family dwelling has established conforming side yards presently shown on the November 21, 1991 survey map to be 12.7' and at approximately 21 feet (scaled measurement). A seven-ft. porch is not substantial, and the relief requested at 15 inches from the requirement is not unreasonable. The property is substandard in area at 7500 sq. ft. and lot width (frontage) of 60 feet, in this R-40 Low-Density Residential Zone District. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. lk GERARD P. GOEHRINGER, C RMAN RTED Al DIITLI yl v/9 s' EOUR I Town Cj-rk. Tc,•: Cl ~ f APPEALS BOARD MEMBERS g11FFIItt y Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. ca Ze P.O. Box 1179 James Dinizio, Jr. O'' • 4z Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE' OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, APRIL 112 1995, commencing at the time noted below, or as soon thereafter as possible: 4. 7:45 p.m'. Appl. No. 4307 - SCOTT RUSSELL, Seller (for John and Joan Stroh, New Owners). Application based upon the March 29, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article III-A, Section 100-30A.3 for permission to construct an addition to existing dwelling with a setback at less than the required 15 feet from the northerly side property line. Property ID: 1050 Pine Avenue, Southold, NY; County Tax Map Parcel No- 1000-77-3-2. This lot is also referred to on the Map of Goose Bay Estates filed 11/13/34 as lots #50, 51 and 51, combined with a total lot area of 7500 sq. ft. and lot width of 60 feet. The Board of Appeals will at said time and place hear any and all persons or representatives-.desiring--to-be-heard--in-the - - above matter(s). Written comments may also be submitted before the end of the hearing. Each hearing will not start before the time designated above. If you wish to review the file(s) or Page 2 - Legal Notice Regular Meeting - April 11, 1995 Southold Town Board of Appeals need to, request more information, please do not hesitate to call 765-1809 or visit our office. Dated: April 3, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x FORA? NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . 9 14. . To?. PLEASE TAKE NOTICE t at your application dated /d l q L for permit to at Location of Property Haase No. - Street Hamlet County Tax Map No. 1000 Section ....77 Block ..Jam......... Lot Subdivision' Filed Map No. Lot No. . is returned herewith and disapproved on the following grounds .4. - ?~LICe... ' -7 B ld /~nspcctor RV 1/80 ( ®o _,x/31 iv 42 PAR 31995 wa$aofd T9wlrGed[ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. Y30-7 % DATE y 3 Q TO THE ZONING BOARD OFF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)Of/ A fiussel)' of OSo ©a+el1~C Name of Appellont Street and Number 5ott k oelb HEREBY APPEAL TO Municipality ate THE ZONING BOARD OF ARPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED . WHEREBY THE BUILDING INSPECTOR DENIED TO __.JogN STrol Name of Applicant for permit of a!? .L.J-4.ezr 25t. RD west . . Street and Number Municipality St ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY . 1. LOCATION OF THE PROPERTY.. :.~aSb QL'45.. Je _.ov-t-ko1b f~ yr' Street /Hamlet / Use Distract on Zoning Map District 1000 Sectiong7 Block'3 Lott... ..__..r _ Current Owner S-rt'e11 _ Oh ~ is A tit Map No. Lot No. Prior Owner Ste,{} eu scU 2. PROVISION (5) OF THE ZONING ORDINANCE' APPEALED (Indicate the Article Section, Sub- section and Paragraph of Xhe~Zoning Ordinance by number. Do not quote the Ordinance.) Article 3 A _section ' O A 3 3PE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map { ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 230A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (as been made with respect to this decision of the Building Inspector or with respect to this property, Such Lppepl was'( request for a special permit ( ) request for a`varionce and was made in Appeal No ..........Dated .....r........................................ REASON FOR APPEAL f ) A Variance to Section 280A Subsection 3 ill A Variance to the Zoning Ordinance is requested for the reason that ~)J f~ ~p~ y5 p~a)JQ( FormzB1 (Continue on other side) fray X53. °tj dt REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties, or unneces- sary HARDSHIP because 6~Ff., '1S aof 'ale ,0,4h2Af~ wzDi+ afc .~hts, ~of (A eNo.jl1 a b tlc~ q ~se~r8~ poach ,,ttio Stu Mee` ~11o scab Yo~eo Ser_ gA-~.k l`eq..ine.v~enf'S 2. The hardship created is UNIQUE and is, not shared by all properties, alike in, the immediate vicinity of this property and in this use district because 1115 ~3 }b PPtRlccv~ftR /V/yRRow LoY . FrTlJe2 ~h~'s iS aue aF fln~ 5v~nattcsr ~avse tri -Pke vse 1~t ~iztc7 572 Lwa ,Sla9oe C~rren~/ct -3. The Variance would, observe the spirit of. the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because `r~L¢ ,,r.e(te.r- Sot,, :lrj- 1.5:.. oNl~ F6 t ¢hCloh h.r,sn!' oF' fl~P:.[' tM,t fe(y.,. Fook 6N t he necYti 5-eae 6F. fe prapOR114 w6.rIs ' tine -/'o t* err. R0 Sef 6stc.L~.: ~:c~. t/! s-Yi tl bG' 6,e1~2 ~'hc e~S~FooY. ~oAe,('eN ~,tRawre•~v6.fc, f'd'kef~'t kh~s i39 A, e- yb zD,e hl,n _Aar.'olil<r Gonnm:,Nt¢7 wth n~R ~'re{ts~rz~ 7 4F STATE OF NEW YORK ss COUNTY 017'5a i'PD / ) Signature Sworn to this 1?•'/..... day of 1// J 199,5 Notary Publ c CLAIRE L. GLEW NOTARY PUBLIC, State of New York No 4879505 / ttyy Gq~ (p Qualified in Suffolk Court Commission Expires December 8,19J t c 2 ~ o ~ - - ~ { m SA ? O S O N N O a O O cn ] O S CD a- S a Z A rri N J t r c ~~f r s c^ I ~ 'I c z °v D N N m, W - ;v z G ~ ~ n P ~ ~ t m i~~ O ® ~,e D j 70 v ~ < N -n -n 373 c ;a ;a I r- 0, 0 7C T. Z Z° a • m D GDl nD , Z l11" m m.. h. O O O W i , ZG>) ~ y o r~ rb G) LA • e -r s ' - - - - 11 0 i 1 CA1 ~ cal e6 ~ I ~ ~JPI s I I , i ~ IJj ~ N 1^ ~ 3 555 O O V d } III i J T 0 0 0 W o m 3. o o 4 x y 3 0' o m o T H\ d: N rn vi O. m ~ I b k II T.. W I j., is S 0'.. z0 D. f 1 I I ~i I C ~Rj 1 1 i Na f f { p \ All 1Q ~ ~2 3 ~ rQ, L AV CIS 00, d SUI VE Y OF LOTS 150, 51&52 MAP OF GOOSt BAY ES 1"A TES 1~X10 NOV, ,1934 MAP NO. H76 A T SOUTHOLD s TO WN OF SOU THOL D SUFFOL COUNTY, N. Y. t 1040 - 7 - 03 - 02 Scale: Na V. 21, 1991 a E ll CF-R rlr/60 TO, I r SCO r r A. RUSSELL 44 PECONIC ABSTRACT, RY(,. X # 605-5-9475 . rU 1 AN[)S G l J Re x Prepared In accordance with the minlmum slgndards for Ole surVOys as eslublishod L/C. NO. 49618 by the L.I.A.L,S. and approved and adopted y OPEC {n/19 for such use by rho Now York Stole Land F Sf P. C. Title Assoclallon. 016) ~ _ . a 0. 80 09 MAIN ROAD 50UTNOL D? N. Y. 11971 rir nhc 0 FFDLA' APPEALS BOARD MEMBERS ~O Gy` Southold Town Hall Gerard P. Goehringer, Chairman H 53095 Main Road Serge Doyen, Jr. F P.O. Box 1179 James Dinizio, Jr. y O~ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 .Lydia A. Tortore Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV 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 Ccnmission: XX Variance from the Zoning Code, Article 11 1A Section 1.00-30A.3 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4307 Applicant: John and Joan Stroh Location of Affected Land: 1050 Pine Avenue, Southold, NY County Tax Map Item No.: 1000- 77-3-2 Within 500 feet of: Town or Village Boundary Line _ y 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.~nn-truct porch addition with insnffiriPnt side yard setback Copies of Town file and related documents enclosed for your review. Dated: April 18, 1995 a • COUNTY OF SUFFOLK APR 2 4 ')()5 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING April 20, 1995 Town of Southold Zoning Board of Appeals 53095 Main Road - P.O. Box 1179 Southold, NY 11971 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) Stroh, John & Joan 4307 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE, LONG ISLAND. NY 11788-0099 ¦ (316) 853-5192 FAX (516) 853-4044 • APPEALS BOARD MEMBERS ~O~~gOFFO(,~-co G Southold Town Hall Gerard P. Goehringer, Chairman -Z y< 53095 Main Road Serge Doyen, Jr. w x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora # Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 1, 1995 Mr. & Mrs. John N. Stroh 217 West Islip Road West Islip, N.Y. 11795 Re: Appl. No. 4307 - Variance for Porch Addition Dear Sir & Madam: Please find attached a copy of communications from the Suffolk County Department of Planning which results from their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. This copy is for your update and recordkeeping. Very truly yours, Lucy Farrell Enclosure Page 26 - Hearing Transcript • Regular Meeting of April 11, 1995 Southold Town Board of Appeals 8:92 P.M. Appl. No. 4307 SCOTT RUSSELL; Seller (for JOHN and JOAN STROH, New Owners) MR. CHAIRMAN: Application based upon the March 29, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article III-A, Section 100-30A.3 for permission to construct an addition to existing dwelling with a setback at less than the required 15 feet from the northerly side property line. Property ID: 1050 Pine Avenue, Southold, N.Y.; County Tax Map Parcel No. 1000-77-3-2. This lot is also referred to on the Map of Goose Bay Estates filed with 11/13/34 as lots #50, 51 and 52, combined with a total lot area of 7500 sq. ft. and lot width of 60 feet. I have a copy of the survey produced by John Metzger and the date is November 21, 1991, indicating a proposed 7 foot addition, on the northerly side of the house and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Russell how are you tonight Sir? SCOTT RUSSELL: Good, how are you? MR. CHAIRMAN: What would you like to tell us? SCOTT RUSSELL: Just that the Strohs bought the house from me last November. I'm just here representing them trying to help them cause they still live up west in Islip and it was difficult for them to make it on a week night. What the Strohs would like to do is take the house that they purchased from me. It's a very small house, it's about 572 sq. ft. living space and try to add to it to make it a more viable dwelling. The 7 foot porch extension on the side would encroach on the side yard setback by I believe 1'3" as Page 27 - Hearing Transcript • Regular Meeting of April 11, 1995 Southold Town Board of Appeals we're all aware it's a 15 foot setback over theme. They had discussed with the Building Inspector the idea of cutting a foot off the porch but frankly a 6 foot porch when you start subtracting for the wall widths isn't a very substantial porch and probably wouldn't be nearly as much value to them. The reason they want to put the porch on the side was that's the water side. The north is the water side of the property. Although it's a walk to the water you do have some nice views down there and I think they want to do or what I wanted to do for three years of owning it and that's so I could put some nice porches in and take advantage of those views. I don't know of what else or what other issues to speak about so, I can answer any questions you might have. MR. CHAIRMAN: So, this is the entire addition is an open porch? SCOTT RUSSELL: It's actually an enclosed glass porch I believe. MR. CHAIRMAN: Alright. SCOTT RUSSELL: Exactly what they're going to do, I believe the Building Permit is a little bit more a little bit more than that. What they would do I think they're going to change the roof line as well. It's a cottage style now and they're going to go for a regular hip roof style and just to make it more of a year round dwelling. MR. CHAIRMAN: So, the porch is actually enclosed, fully enclosed. It's a fully enclosed addition whatever way they do it. SCOTT RUSSELL: Right. MR. CHAIRMAN: Architecturally, it's an addition to the house. It's, you know, not a deck area or something in that nature.? Alright, does anybody have any questions of Mr. Russell concerning this? Page 28 - Hearing Transcript • Regular Meeting of April 11, 1995 Southold Town Board of Appeals MEMBER VILLA: Actually now, it's 1'3" cause on your application it says approximately 1 foot. SCOTT RUSSELL: Yeah, actually the way I calculated it, it's only 11". I have a copy of the survey here when I did the math I came up with a it would leave after the proposed construction it would leave still 14'1" off the front of the house. One thing that I think complicates it a little bit is that the house is actually angled to the property line. It's not completely parallel. It actually tapers back so in the front it's going to leave about 11". In the back it's going to leave you know it's going to actually meet the side yard requirements. It's going to be over 14 feet away from the property line. I calculated 14 more. The Building Inspector I believe calculated 13'9" remaining. I would refer to his measurements simply because he had the actual blueprints, I didn't. MR. CHAIRMAN: Alright, Jim? MEMBER DINIZIO: No, I have no question at all. MR. CHAIRMAN: Ladies and gentlemen? Anybody in the audience have anything they'd like to say either positively or negatively concerning this hearing? Seeing no hands, anybody like to make a motion? MEMBER DOYEN: Second. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. MR. CHAIRMAN: To approve it as applied for I assume, right? MEMBER DINIZIO: Could we be more specific on the setback or say 15" or Page 29 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: To not closer than 131911, was that what you mean? MEMBER VILLA: For clarity then, it's not 131911, it's 13.9 feet. MR. CHAIRMAN: 13.9 feet right. (Discussing amongst themselves). Would you second on that Lydia? OK, hearing no further changes I'll move it. All in favor? BOARD MEMBERS: Aye. MR. CHAIRMAN: OK, thank you. BOARD SECRETARY KOWALSKI: Was there any objection? It should go to 131911, just for the record? MR. CHAIRMAN: I don't have any objection. BOARD SECRETARY KOWALSKI: Because it is like a 2" closer than 13.9, right. MR. CHAIRMAN: I had always said that, you know MEMBER TORTORA: How they get to the house ( MEMBER DINIZIO: What kind of shingles you putting on there Scott? SCOTT RUSSELL: I don't know, I didn't see the actual plan. I suspect MEMBER DINIZIO: We should of taken that into consideration. MR. CHAIRMAN: For the person's benefits in the audience, we had taken four hours of testimony on a piece of property in Suffolk and the difference between the shingles being on the house and the shingles being off of the house as oppose to the total lot, excuse me, incorporating that into the total lot coverage the next door neighbor said that they exceeded the lot coverage by .007 or .07 and the applicant said that he was under the lot coverage with the Page 30 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals shingles on the house at 19.86. Needless to say, this Board did rule in favor of the property owner and we said that when you get that close, you know. SCOTT RUSSELL: In that case it's ( ) . MR. CHAIRMAN: I asked on the decision BOARD SECRETARY KOWALSKI: Little things like this you know, cause problems. MR. CHAIRMAN: I assure you that there is absolutely no reason to get that minute. BOARD SECRETARY KOWALSKI: Well, I'm sorry MR. CHAIRMAN: No, no, I'm not saying, I'm not saying in your BOARD SECRETARY KOWALSKI: It is important and I have to clarify it and the Resolution says, no not 13'9" it's 13.9 and I have to say why. Could we have a "redo" on the Resolution then, please. Lydia what is your motion that you approved again? MEMBER TORTORA: Well we want to do 13.9 or 13 what do we want? BOARD SECRETARY KOWALSKI: It's 15 inches, right Jim, is that what it is? MEMBER DINIZIO: Well, that's what I suggested 15 inches so that you know you can take into account the gutter or whatever. BOARD MEMBER KOWALSKI: Which is 13.9, OK. MEMBER TORTORA: I'll redo my motion to approve it provided that it's no closer than 15 inches. MEMBER DINIZIO: No. MEMBER TORTORA: Did we do it right? BOARD SECRETARY KOWALSKI: No, not more than 15 inches. Page 31 - Hearing Transcript Regular Meeting of April 11, 1995 Southold Town Board of Appeals MEMBER TORTORA: Not more than 15 inches. BOARD SECRETARY KOWALSKI: Serge are you going to second that same motion. MEMBER DOYEN: Yes. BOARD SECRETARY KOWALSKI: Thank you. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. BOARD SECRETARY KOWALSKI: Resolution granted for a variance of 15 inches which is 13 foot 9 inches by unanimous resolution. Prepared from Tape recordings from actual hearings. LF APPEALS BOARD MEMBERS ~o~~gOFFO(~ COG Southold Town Hall Gerard P. Goehringer, Chairman c y` 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~1jp .~0~ Fax (516) 765-1823 Lydia A. Tortora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: April 11, 1995 APPL. #4307. APPLICANT: JOHN AND JOAN STROH LOCATION OF PROPERTY: 1050 Pine Avenue, Southold, NY COUNTY TAX MAP DISTRICT 1000, SECTION 77 BLOCK 3, LOT 2 Also referred to as "combined lots 50, 51 and 52" on the Map of Goose Bay Estates filed November 13, 1934 as Map No. 1176. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated March 29, 1995: "Article IIIA, Section 100-30A.3. Proposed construction will have insufficient side yard setback." PROVISIONS APPEALED FROM: Article IIIA, Sections 100-30A.3. RELIEF REQUESTED: Approval of 11" to 15" variance from side yard setback requirement, for a setback at 13'9" (13.75 feet) at its closest point for a proposed seven-ft. porch addition at the northerly side of the existing single-family dwelling. MOTION MADE BY: Lydia A. Tortora, Member SECONDED BY: Serge Doyen, Jr., Member ACTION/ RESOLUTION ADOPTED: Granted as applied, with a setback at not less than 13 ft. 9 inches (or 13.75 feet) for the proposed porch addition at the north side of the existing dwelling. REASONS /FINDINGS. The preexisting single-family dwelling has established conforming side yards presently shown on the November 21, 1991 survey map to be 12.7' and at approximately 21 feet (scaled measurement). A seven-ft. porch is not substantial, and the relief requested at 15 inches from the requirement is not unreasonable. The property is substandard in area at 7500 sq. ft. and lot width (frontage) of 60 feet, in this R-40 Low-Density Residential Zone District. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. lk GERARD P. GOEHRINGER, C RMAN LA7E To.an Cl Tev n of I r f • APPEALS BOARD MEMBERS ~o~~SUFFO(,~ CO Gy Southold Town Hall Gerard P. Goehringer, Chairman o° < 53095 Main Road Serge Doyen, Jr. C03 x P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa y?J O~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 3, 1995 Mr. Scott Russell Southold New York 11971 Re: Appl. No. 4307 - Variance for Sideyard Reduction Dear Scott: Please find enclosed a copy of the Legal Notice published this week by our office. You will note that the public hearing on this application will be held on Tuesday, April 11, 1995 at the Southold Town Hall. Also, enclosed is a Poster Notice which must be placed either on a stake and located in the front yard (road side) of your property, or on the front of the building closest to the road, where it can be easily seen. The poster must be conspicuously located at this time since the Board Members are planning to visit the area within the next few days. The attached Confirmation of Posting should be signed and returned to our office either by mail or hand delivered for our record. If you have any questions, please call. Thank you. Very truly yours, Linda Kowalski Enclosures cc: Mr. and Mrs. John Stroh P. S. Reminder, if not done - please stake the outside corners of the proposed location of the proposed addition for viewing by the board members. w BOARD OF APPEALS:TOWN OF SOUTHOLD ------------------------------------------x In the Matter of the Application of JOHN and JOAN STROH ------------------------------------------x CONFIRMATION OF POSTING I, residing at , hereby confirm that on the day of April, 1995, I personally posted the property known as "1050 Pine Avenue, Southold, NY"; 1000-77-3-2" by placing the Town's official poster Notice on facing the road side of the property, and that I agree to maintain the poster in this location at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held April 11, 1995.) Dated: April 1995. (signature) NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: JoRiq+ToftN 5*13h DATE OF PUBLIC HEARING: ~ FULQ56AY P RILI 104 11q500 I If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS TOWN OF SOUTHOLD 9 (516) 765-1809 217 West Islip Road West Islip, N.Y. 11795 April 3, 1995 Southold Town Hall 53095 Main Road Southold, N.Y. 11971 Re: John and Joan Stroh 1050 Pine Ave. Southold This letter authorizes Scott Russell to act on our behalf at the April 11th hearing regarding property at 1050 Pine Ave., Southold. - L >i . BOAF' CiURi TOWN w: 4H010 xi F STATE OF NEW YORK) • ) SS: ) COUNTY OF SUFFOIX NOTICE ARW A- Wt&~ NOTICE IS HEREBY GIVEN, IlJi/1111 I ~ A -of MattitllCk, pursuant to Section 267 of the Town Law and the Code of the Town of in said County, being duly sworn, says that he/she Is Southold, that the following public Principal Clerk of THE SUFFOLK TIMES, a Weekly hearing will be held by the SOUTHOLD TOWN BOARD OF Newspaper, published at Mattituck, in the Town of APPEALS, at the Southold Town Hall, Southold, County of Suffolk and State of New York, 53095 Main Road, Southold, New York 11971, on TUFSDAY, APRIL . and that the Notice of which the annexed is a 11, 1995, commencing at the time noted below, or as soon thereatter as printed COPy+ has been regularly publis ed in said possible: Newspaper Once each week for weeks 4. 7:45 p.m. Appl, No. 4307 - SCOTT RusSa4a, Seller (for John su essly ly, commencing on the day of and Joan Stroh, New Owners). 19 Application based upon the March 29, 1995 Notice of Disapproval from the Building Inspector, requesting a Variance under Article III-A, Section 100-30A.3 for permission to construct an addition to existing dwelling with a CHRISTINA VOLINSKI setback at less than the required 15 Notary Public, State of Now York feet from the northerly side property No. 55004084 Principal Clerk line. Property ID: 1050 Pine Avenue, Qualified in Suffolk County Southold, NY; County Tax Map Commission 1( Novembof 23, I Parcel No. 1000-77-3-2. This lot is 1 also referred to on the Map of Goose Bay Estates filed 11/13/34 as lots #50, 51 and 52, combined with a total lot Notary Public area of 7500 sq. ft. and lot width of 60 feet. ' The Bond of Appeals will at said Sworn before this time and place hear any and all per- sons or representatives desiring to be heard in the above maser(s). Written day O I comments may also be submitted before the end of the hearing. Each hearing will not star before the time designated above. If you wish to re- view the file(s) or need to request more information, please do not hesi- tate to call 765-1809 or visit our of- fice. Dated: April 3, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APR - 4 BOARD OF APPEALS:TOWN OF SOUTHOLD ------------------------------------------x In the Matter of the Application of JOHN and JOAN STROH ------------------------------------------x CONFIRMATION OF POSTING I, Scoff A•IfUSSell , residing at Oa ~Frs R~ hereby confirm that on the day of April, 1995, I personally posted the property known as 111050 Pine Avenue, Southold, NY"; 1000-77-3-2" by placing the Town's official poster Notice on ~[AK i.rucc eA+ S~os v.4R0 i4od ct 1r e U facing the road side of the property, and thEft I agree to maintain the poster in this location at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held April 11, 1995.) Dated: April 3 1995. LAAAW (signature) Page 3 - Legal Notis Regular Meeting - April 11, 1995 Southold Town Board of Appeals Copies to the following 4/3/95: Times-Review Newspaper (fax transmission) Newsday (Courtesy Copy for Government Watch Section) Traveler-Watchman (Courtesy Copy) Original Posted on Town Clerk Bulletin Board in Town Hall Lobby Building Inspector's Office Planning Board Office Applicants/Agents as noted below Copies to ZBA Members with copies of file documents in boxes on 4/3/95: Applicant/Agent* Copies to: *Scott Russell and *Mr. and Mrs. John Stroh, 217 West Islip Road, West Islip, NY 11795 APPEALS BOARD MEMBERS ~o~~gUFFO(~ cG Gy Southold Town Hall Gerard P. Goehringer, Chairman c s 53095 Main Road Serge Doyen, Jr. cc x P.O. Box 1179 James Dinizio, Jr. O .te Southold, New York 11971 Robert A. Villa y?J O` Fax (516) 765-1823 Lydia A. Tortora Ol * Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 3, 1995 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4307 Project/Applicants: John Stroh County Tax Map No. 1000-77-3-2 Location of Project: 1050 Pine Ave., Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to dwelling with insufficient side yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ##44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. me h~o~~gpFFO(,~coGy JUDITH T. TERRY o= Town Hall, 53095 Main Road TOWN CLERK ca P.O. Boa 1179 v' Southold, New York 11971 REGISTRAR OF VITAL STATISTICS G MARRIAGE OFFICER Fax (516) 765-1823 (516) 765-1800 RECORDS MANAGEMENT OFFICER Telephone 41 ~ FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: April 3, 1995 RE: Zoning Appeal No. 4307 - John and Joan Stroh Transmitted herewith is Zoning Appeal No. 4307 of John and Joan Stroh for a variance. Also included is: Notice to Disapproval from the Building Department dated March 29, 1995; Notice to Adjacent Property Owners; ZBA Questionnaire, and.su vey. Judith T. Terry Southold Town Clerk i i TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE y,~#ylY TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..........Scoff A Russeontl) of Aso ©~fA1 Name.....ofp...A........ pell Sttree...........reet and Number Sots} ti orD........... ASIS.`'~:.............HEREBY APPEAL TO Municipality to THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED WHEREBY THE BUILDING INSPECTOR DENIED TO .r c l Name of Applicant for permit of s[ (..7.....4 .r...25c.s{ ..R w2Sr ........z....!p........A 'z.9. unicipality St Street and Number Municipality,- ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Perakt Fo /3••r,-.0 1. LOCATION OF THE PROPERTY .......1r?S' ..Qir! e....SP.X41..- !.0 .................R.`.y Street /Hamlet / Use District on Zoning Map District 1000 Section77Block3 Lott Current Owner __lotiw f ~o4N S-rt'sl Ma No. Lot No. Prior Owner RJS Sri U 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of O%Zoning Ordinance by number. Do not quote the Ordinance.) Article 3 /E Sect on p A. 3 3. ~7fPE OF APPEAL Appeal is made herewith for (please check appropriate box) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (as been made with respect to this decision of the Building Inspector or with respect to this property. Such dppeal was'( ) request for a special permit ( ) request for a variance and was made in Appeol No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZH1 (Continue on other side) ti REASON FOR APPEAL Continued 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 9"he o~a+eA/~ wcOl4 aF"hts /01' (AlrRoA 60Ff.) /s aot ENo~' h to b.tlc) h Ukg616 Poach ~tio Stet/ Meet mAe, scoe y,gao Set'- E3Atk (ta~~ne ncn l 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 1 h1s t~ R PhRbKa!}tR?~ Av ow Got F4rr9tez -j-his oNe of 4-tia SvrnAllesr llo~se Lu 'fhe use JJig~tzrcT < ~?2 Cevr~ S!°~`~ Cx,rreh~!'tcl 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because d'Ine 're(leF Soc.ghf t5 oul~ 11 ehCr0A._ANew4' op g1pC*At4ie Foot 6wI fhe v,ertt, 5tbe of 1we prspemr,( wl+rle -rile ¢o-twl SebeYgRp S e-/' 6sK.fe. c... t f f s t'a 11 bG' 6,vea tti < ~ S~ Poet' Ga4e C'etQvr.rsew.e?af . f~ rrM~ 9'h es Cs A.r f?- C/ a zorv¢ Atio A.IJ olo« GoMn,.,N~~y wt~ti MR (Ste-~'f~ c~ STATE OF NEW YORK ) COUNTY OF J446/ ) 77~~ Signature Sworn to this ...........................I day of......14 19 7J 1 Notary Public CLAIRE L. GLEW NOTARY PUBLIC, State of New York No.4879505 Qualified in Suffolk County Commission Expires December 8, 19 BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ( ariance (Special Exception) (Special Permit) (Other) (circle choice) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1050 Pp a Ave ?Ati 177-3-A 3. That t0e pr4peerty which is the subject of such Petition is located in the following zoning district: 4 That b1 such Petition, the undersigned will request the following relief: NretufsrA -/6 _a& tk(u je Qam4 l~ Fear Aw likitte-a OFF K)&r \ Pr`~peolkr. _ (Sa,ti tsn~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 3g_ section loo 3 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board 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. Dated:_ hpr• 3 19 91' ~c n. R.,s~_11 Petitioner Owners' Names • h,,, Post Office Address {7 t %-r 2s L p 90 weYr 2 s t, •P ti~t 17 9 - 9-Tel No. (S'IL [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS MR AA 65 P•obert- 100-16A N(~ ly~9 Goose Creek L4A+-r J S O v,' ho 1 y3l, Ai I - I 1 9'1/ MR MQS Cj-eer~s ~'pe~~ 3 1 "te 6A5.1- &0410 Iu"ti Po r-r 3e FFa r5on, Ii MR: MRS Srapp en pNutkogkl. 1177 t h Ac A fV , yr Z 760 486 977 J Receipt for Certified Mail No Insurance Coverage Provided Do not use for international Mail (See Reverse) Sent to MR, Al (01 ell Street and No. ~ r B roADw P.O., State and ZIP Cod. N T~ Parr CF_gCS°"' 7 Postage $3/'t . Certified Fee Special Delivery Fee Restricted Delivery Fee co m Return Receipt-SROwmg to yVnonrb 0 Return eipl5 Data nd A ss TO LP - age 7 Z 55.: P ark or Da}er~ 00 Cl) residing at goo Pt~1e Avg So V;-,*%I0 )Vy t9_7/ a being duly sworn, deposes and says that on the 3 day , 19 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of rice at '.J khett, ; that said Notices were mailed to each of said persons by ( ru ie (registered) mail. Sworn to befor me th's day 119 Notary Public CLAIRE L. GLEW NOTARY PUBLIC, State of New York No.4879505 Qualified in Suffolk County Commission Expires December 8, 19_L 10 (This side does not have to be completed on form transmitted to adjoining property owners.) APPEALS BOARD MEMBERS ~ea?% Southold Town Hail Gerard P. Goehringer, Chairman o 53095 Main Road Serge Doyen, Jr. ca x P.O. Box 1179 James Dinizio, Jr. o Southold, New York 11971 Robert A. Villa y'jlp .DOS Fax (516) 765-1823 Lydia A. Tortora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 13, 1995 Mr. and Mrs. John N. Stroh 217 West Islip Road West Islip, NY 11795 Re: Appl. No. 4307 - Variance for Porch Addition Dear Mr. and Mrs. Stroh: Please find enclosed a copy of the determination rendered by the Board of Appeals and filed today with the Town Clerk's Office concerning the above variance application. A copy of this determination has also been furnished to the Southold Town Building Department pertaining to your pending building permit application request. However, it will be necessary for you (or the owner) to submit the final drawings and location map with the Building Department before your building permit will be further processed. Also, due to the proximity of this project within 500 feet of a waterway, the Suffolk County Department of Planning has jurisdiction and should contact you directly within the next few days. We have transmitted a copy of your variance file to their office in Hauppauge as required by County regulations. If you have any questions, please feel free to call either our office or that of the Building Inspector at 765-1802. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Planning Commission Mr. Scott Russell QUESTICNNAIRE 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.) .~obti+ 1.,x.,5-rrol. ow~t~eRs B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( ) Yes G-~No- (If Yes, n'PASe al-tn rh =py cLf "conditinns" of sale.) C. Are there any Proposals to change ar alter land contcurs? ( ) Yes (_rNo D. 1. Are there any areas which contain wetland grasses? 4/0 2. Are the wetland areas shown on the map submitted with this application? A) 1A 3. Is the property bulkheaded between the wetlands area and the upland building area? 'N-1 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ,t, A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /JA (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? O&C If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? Noun 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? A)o If yes, please explain where or submit copies of deeds. I. Please list present se or op`erations conducted at this parcel Res 1bepmwc ~5aA~A~1 and proposed use S A Q P 2 owA.tR 'Y 3 9~- Autnorized ignature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. [Added 645-84 by L.L. No. 6.19841 WETLANDS [Amended 8-26-76 by LL. No. 2-1976:3-26- 85 by L.L. No. 6-1985): A. 11DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:' salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel marshmallow and low march cordgrrass:and/ar (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five 475) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 2.1-0107, Subdivisions I(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land.- as defined In Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z-2s.as