Loading...
HomeMy WebLinkAbout4296 _ f7Cef'E-°r~SO.E' ~ ~7~fo . ~ t=E~rr~ A,e~s~ "dys;~f,~0 o ~ ~~SpFFOL~'COG APPEALS BOARD MEMBERS y0 'yj2 o Southold Town Hall Gerard P. Goehringer, Chairman H T 53095 Main Road Serge Doyen, Jr. Q P.O. Box 1179 James Dinizio, Jr. y O~ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: February 1, 1995 APPL. #4296. APPLICANT: CHARLES TYLER, JR. LOCATION OF PROPERTY: 1455 Pike Street, Mattituck, NY COUNTY TAX MAP DISTRICT 1000, SECTION 140, BLOCK 2, LOT 41. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated December 2, 1994: "Horses and domestic animals other than household pets, provided that such animals shall not be housed within 40 feet of any lot line...." PROVISIONS APPEALED FROM: Article III, Section 100-31C(8). RELIEF REQUESTED: 5' x 9' accessory (chicken coop) shed with small fencing located in the rear yard at 30 feet from the rear property line and 15 feet from the westerly side property line. MOTION MADE BY: Richard C. Wilton, Member SECONDED BY: Serge Doyen, Jr., Member ACTION/ RESOLUTION ADOPTED: Granted present rear yard location for 5' x 9' accessory shed with fencing, as built, at 30 feet from rear line and 15 feet from side line for housing of six chickens or hens (as exist), subject to the following conditions: (1) chickens shall remain housed until 7:00 a.m.; (2) chicken coop door opening shall face north; (2) no exposed manure to be collected on site; (3) when owner disbands chickens, remove coop and chickens or hens without replacement; (4) limited to housing for six chickens due to size and location; (5) limited to present size of 5' by 91; (6) no outdoor burning; (7) no loud disturbances from fowl, such as roosters (8) open yard areas shall be tidy and clean from debris, tires, etc. (9) relocate accessory to the center of the rear yard. REASONS/ FINDINGS: No alternative location is available; present location is a rear yard where accessory uses are permitted generally (without housing of chickens). Chicken coop is temporary according to applicant. Under the circumstances, variance is not unreasonable with limitations established herein. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Richard A. Wilton, Member Nay: James Dinizio, Member. (No reasons given) Abstained: Gerard P. Goehringer, Chairman This resolution was d u l y adopted 3-1, 'th on a t tion. ROBERT-A. VILLA (0 C) I'. it ! 1J P tie X04=ICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and 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 . 11995 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4294 MR. AND MRS. JOSEPH DUGGAN. Request for a Variance under Article XXIII, Section 100-239.4B, based upon a Notice of Disapproval issued by the Building Inspector updated January 4, 1995, for permission to construct proposed addition at the rear of existing dwelling which is to be located within 75 feet of the existing bulkhead and with a proposed lot coverage of approximately 27 percent for all building construction. Location of Property: 330 Snug Harbor Road, Greenport, NY; Cleaves Point Section III, Subdivision Lot No. 57, containing a nonconforming lot area of 12,739 sq. ft. County Tax Map, Parcel SD No. 1600-35-5-31. The dwelling as exists received a building permit prior to the enactment of the 75-ft. bulkhead-setback requirement. 2. 7:35 p.m. Appl. No. 4295 - MICHAEL,RACZ and GAIL DESSIMOZ. Request for Variance under Article III, Section 100-32, based upon the Building inspector's January 10, 1995 Notice of Disapproval for permission to locate proposed accessory building (poolhouse a/k/a bath house) in an area other than the required rear yard or front yard as a waterfront parcel. Location of Property: 4255 Private Road No. 10 (a/k/a Hallock's Lane), Mattituck, NY; County Tax Map Parcel ID No. 1000-112-1-Lot 4 and part of 3, said lot as amended, containing 128,045 sq. ft. of land area, subject to a final i resolution for lot-line approval and subdivision by the Southold Town Planning' Board. 3. 7.45 p.m. Appl. No. 4296 - CHARLES TYLER. JR. Request for a Variance under Article 111, Section 100-31C(8), based upon the Building Inspector's December 2, 1994 Notice of Disapproval for approval of accessory building (chicken coop) with fence enclosure located in the rear yard area with a setback at less than the " required 40 feet from all property lines. Location of Property: 1455 Pike Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-41. The 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 any of the above fifes or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: January 18, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEIIRINGER CHAIRMAN 2of2 - r - ! FORM NO.. 3~ TOWN OF S06TIlOLD \ BUILDING DEPARTMENT SOUTHOLD, N.Y_ NOTICE OF DISAPPROVAL DATE: To CHARLES TYLER JR. P.O. BOX 350 MATTITUCK, NY 11452 PLEASE TAKE NOTICE that your application dated November. 25, 14.^ at for permit !or a chicken coop Location of Property -1 Pike Atreet. ......Mattituck House No. Street Hamlet County Tax Map No. 1000 -Section .....(40... BLOCK ....X LOT ....4_I...... Subdivision Filed Map No. .........Lot No. is. returned herewith and disapproved on the following grounds animals other than household pets, provided that such animals shall not be housed within 40 €eet of any lot line. Housing for flocks of more than 25 fowl shall-not be . constructed within 50 feet of any line. Article III 100-31 C (8). Action required by the Zoning Board of Appeals. BU7DI14 INSPECTOR RV 1/80 BOAFO OF HEALTH . FORM NO.1 3 SETS OF' PLANS; TOWN OF SOUTHOLD' SURVEY . . BUILDING DEPARTMENT CHECK TOWN HALL SEPTIC'FORN SOUTHOLD, N.Y. 11971 TEL.: 765-1802 t.Da'1Fy, g CALL Examined , , 19 . MAIL TO Approved 19 Permit No..... , , Disapproved a/c . . (Building Inspector) APPLICATION FOR BUILDING PER 4IT Date . 19 , INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public'stieet, 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. Suclipermit 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, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessaryins ctions. . . (Signature of a licant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. i Name of owner of premises ~ ~ , (as'on the tax roll or latest deed) Ilf applicant is a corporation, signature of duly authorized officer. (Name and title of corporate- officer) Builder's License No. . Plumber's License No . . j Electrician's License No . . . Other Trade's License No. . Location of land on which proposed work will be done. . . , . , . ..................1Ti!~~..;Si~o t'T` ~iTSt~c Ol~/! ,/r House Number Street Hamlet County Tax Map No. IODO Section fy~ Block . _ Lot. , Subdivision Filed Map No . Lot . (Name) I State existing use and occupancy of prom+ces occupancy of proposed construction: Ia. Existing use and occupancy C)4 ~If-? . . Ib. Intended use and occupancy ,Cc. -3.. Nature of work (check which 11 icable): New Building . GG~yI Addition Alteration Repair r Removal Demolition . , Other Work . _ . (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. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . 7. Dimensions of existing structures, if any Front . ~C.C ' Rear • Depth Height Number of Stories . Dimensions of same structure with alterations or additions: Front Rear . Depth . Height , Number of Stories . 8. Dimensions of entire new construction: Front , Rear Depth . Height .............Number of Stories . . 9. Size of lot: Front . . Rear Depth 10. Date of Purchase • . • . . . • • • . . • Name of Former Owner . . f 1. Zone or use district in which premises are situated . , . , , • , , , • , , , . , • , , . .12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be regraded Will excess fill be removed from premises Yes Nc 14. Name of Owner of premises cx ..%y.. Address T'>. Px 771r hone No. fsir~'~', , Name of Architect Address Phone No....... Name of Contractor Address ,:Phone No 15. Is this property within 300 feet of a tidal wetland? *Yes........ No......... *if yes, Southold Town Trustees Permit maybe 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. 3 r 2N vc L 0.j Gel, d,, l oi,--4v 57 t<- ; STATE NE3,GctYORK, iS c • . C -0F S.S." , , being duly sworn, deposes and says thathe is the applicant (N e o i dtvldual signing contract) above named. le is the (Contracto , a en r corporate officer, etc.) { f said owner' or owners, and is duly authorized to perform or have performed the said work and to make and file this,, implication; that alt statements contained in this application are true to the best of his knoitledge and,belief; ono that the ork will be performed in the manner set forth in the application filed therewith. worn to before me this . d :...Lc ay .v.......,19. otary Publ.~...`P County CLAIRE L G [+lotary.Public, State . of NewYork ~L• No. 487960 Qualified in Suffolk County (Signature of applicant) Commission Expires December 8, 19 -1 w RECEIVED, i P. V1 JAN # 31995 TOWN OF SOUTHO , ~~r~r ~IW17 ~+?"K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO ~b DATE ...f3$?~....... TO THE ZONING BOARD OF)APPEA.~LS TOWN OF SOUTH~O-LD, NAY` XX 1, (We) Q'k. .......:of . 2 ...T lL STT 'f ~ 3 a Name of Appellant \ 1 Street and Number , p 2 9f ffSe~~ ..::....HEREBY APPEAL TO Municipality to $t THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED WHEREBY THE BUILDDtI/NG IN/SPECT fOR DENIED TO Name ofAp/plicant for perriXiY - Street and Number Municipality P St to ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ,/TLcCI /(l Street JHamlet / Use District on Zoning Map District 1000 Section /'/OBI ock,-~-Lot (Current Owner Nc e 7 'Q' Map No, la OC3 Lot No., Prior Owner 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Parogroph of the Zoning Ordinance by number, qo not quote the Ordinance.) Article' Section Z&O - 3 / C 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) K) 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 has no been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit request for a variance and was made in. Appeal No. Dated .....r.... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 . ~d A Variance to the Zoning Ordinance is ruested for the reason that v. Form ZB1 (Continue on other side) g y REASON FOR APPEAL ` Con nSed""' 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because J 1 The hardship created is UNIQUE and is not shored by all 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 THE DISTRICT because STATE OF NEW YORK } ss COUNTY OF SciFLo 4~ tu re / Si /yy Sworn to this day of.....:... .f 19 l~ G ~ ~ iCj Gtr !~C UNDK SkpWg1~ otary Public '1+o.State0fNewy0k,. ~RfleQ~-4b24777 Sulfaklr q/ C""*nExPMNov. 330, B,LSG, CJ (n < b? a 3 a o m D o Z ?i ~ f S ~ ~ h~• s f drw, a ¢ ~f 4 a rN t'~i i • `i~ a vim: 'fir i (n F ~ 14 1rt1~, .f ~ tot C'T o"M ~ ~ ~ ~ ~ f;~• _ Pa9,u yq~ s a trl -t ¢ w'S ORA ~ + OI rs - j (Y O y .n G~ L:n 0 s , _ .z F P 5~ 4 r ~ 3.Yt s O~G~ I x ~x I x 4 ~ ~ I r ~y ~ n£ h I < X a ~ {x I `I F S 7~ s 'r x y 3 j r J; I (D ,}c, ! ~f n o m fQ 0 l a I ~ve -,k a d¢n,Y p O O O et~ 4 3 t/ t ra i ~ ¢ ~ 6 ~°t T "il ~ n - I `V 1 ~ r a .s t C5- ~ P M i i t i'~ 't T '}^i Ti { 9 4 4 ik " x t w 310 f aCde r ' Z"J 3 V 2 3 Cheri" yhx, Jr. ~ Box 350 Mattrtuck, NY 11952 APPEALS BOARD MEMBERS ~O~pSpFFU(,( c0 ti py Southold Town Hall Gerard P. Goehringer, Chairman o° 1 53095 Main Road Serge Doyen, Jr. H x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa 'y~IJ O` Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FOR YOUR UPDATE TO: ZBA Members FROM: Linda DATE: May 10, 1995 RE: Complaints or Referrals from ZBA Upon delivering the attached ZBA memo today to Building Inspector Gary Fish, Gary Fish requested that all correspondence with reference to projects involving inspections or complaints by the Building Inspectors be addressed to the Building Department in general - rather than to him directly as Building; Inspector. I agreed to pass this message along to you. The reason why we addressed the attached (2nd) letter to Gary Fish in the Tyler project was because Gary Fish was the officer who handled the first complaint by Mary Ann Fleischman Milligan about the chicken coop, and our office was trying to be consistent in using the same building inspector. I was informed the other day that John Boufis usually handles complaints "out east," and Gary Fish handles complaints "west" of Peconic. John Boufis is handling the complaint at Brewer's Yacht Yard, and we would have continued to use him if we received other complaints. As of today, we are asked to change the practice of sending /correspondence directly to a building inspector. l~ Attachment: 2nd Letter from Mary Ann Fleischman Milligan (5/5/95). APPEALS BOARD MEMBERS gUFF0J feoG 3 Southold Town Hall Gerard P. Goehringer, Chairman y< 53095 Main Road Serge Doyen, Jr. v°a Q, P.O. Box 1179 James Dinizio, Jr. 4 Southold, New York 11971 Robert A. Villa y?j O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Gary Fish, Building Inspector iii MAY 10 1995 a ~ FROM: Board of Appeals TO`~rBL"- DEPT. N OF SOUTHOLO DATE: May 9, 1995 RE: Written Complaint by Mary Ann Fleischman Milligan Charles Tyler, Jr. Transmitted for your investigation is a copy of a complaint received yesterday from Mrs. Mary Ann Fleischman Milligan, owner of the dwelling adjacent to the Tyler premises at Pike Street, Mattituck. Mrs. Milligan is quite concerned about the neighbor's use of a burn barrel which was moved and is causing a disturbance to her and her family. Please contact the property owner about a resolution to this complaint. Tbank you. Attachment (Mrs- Milligan's letter received May 8, 1995 dated May 5, 1995). MAY -8 _....5/5/95 Southold Town Appeals Board - 53095 Main Rd., Po Box 1179 Southold, NY 11971 Re: Appeal # 4296 Charles Tyler, Jr. (Chicken Coop) Dear Members of the Appeals Board: Thank you for your letter of 5/2/95 indicating your contact with the Building Inspector regarding the noncompliance of Charles and the Chicken Coop. The letter arrived in this mornings mail. I came to terms, again, with an understanding that the process of change can be slow. As a professional advocate for human rights, I know effective change does take time...as such, I was satisfied with the wheels of governmental motion to address this situation. Then... tonight ...I arrive home, pull into my driveway, get out of my car, and am alerted to the overwhelming smell of something burning. My first thought was that my house was on fire & as I run around the back of the house I find the smoldering smoke coming from beside Charles' Chicken Coop. The burn barrel was moved back a few yards from where it originally used to be. The smell was sickening, the wind direction was straight toward me in my backyard and the smoldering was compounded by a light rain drizzle. I reported the violation to Southold's Police. I have no hope that the situation will be resolved. In fact I await the next retaliatory incident. I really would like to request the Appeals Board provide a variance and mandate that Beatice (the homeowner) put up a 25 foot stockade fence on the line between our properties. That way the non-homeowner could do as he please next door and I could enjoy the home I pay taxes for in peace. My homeowners rights would not seem infringed upon, nor would I have to incur the expense for a border's violations. But hey...silly me...I know you don't have the power to do that ...that would be infringing on their rights - wouldn't it? Anyway I am writing to apologize for wasting your time S mine in an attempt to solve a problem I have ...I acquiesce... Charles is above reproach..I believe, now more than before, that Charles is above the law. Mrs. Mar~i hma~gan Y APPEALS BOARD MEMBERS ~O~OgUFFOt,~ ~oG Southold Town Hall Gerard P. Goehringer, Chairman a y` 53095 Main Road Serge Doyen, Jr. ti = P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~O Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM MAY - $ TO: Building Department Attn: Gary Fish, Building Inspector FROM: Board of Appeals By Robert A. Villa DATE: May 3, 1995 SUBJECT: Appeal No. 4296 - Charles Tyler, Jr. Necessary Compliance Required for Chicken Coop It has been brought to our attention that the chicken coop has not as yet been brought into compliance with the Zoning Code, or the conditions under which the variance was granted. Attached are copies of a letter received from the adjoining property owner on the westerly side and a copy of the ZBA conditional determinati on rendered February 1, 1995. Please take appropriate steps necessary to settle this matter. cc: Town Attorney Laury Dowd ZBA Members APPEALS BOARD MEMBERS ~O~OgUFFO(,~-Co ~ Gy Southold Town Hall Gerard P. Goehringer, Chairman o < 53095 Main Road Serge Doyen, Jr. h x P.O. Box 1179 James Dinizio, Jr. 5 .F Southold, New York 11971 Robert A. Villa y~lj O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 2, 1995 Mrs. MaryAnn Fleischman Milligan P.O. Box 1664 Mattituck, NY 11952 Re: Appeal No. 4296 - Charles Tyler, Jr. (Chicken Coop) Dear Mrs. Milligan: We have contacted the Building Inspector directly about necessary enforcement of the noncompliance situation confirmed in your letter to the Board of Appeals. By way of a copy of this letter, we are also transmitting your letter to the Building Department for their file and further action. Very truly yours, BOARD OF APPEALS By: Robert A. Villa Enclosure Copies to: Building Department Attn: Gary Fish, Building Inspector - - - 141-~5f - 5d.~ _I(''7( - fA~ SIB F7 Yl l1 sAPEALS BOARD MEMBERS ~~gUFFO~,f c h~0 OGy Southold Town Hall Gerard P. Goehringer, Chairman o° :c 53095 Main Road Serge Doyen, Jr. co 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 MEMORANDUM TO: Building Department Attn: Gary Fish, Building Inspector FROM: Board of Appeals By Robert A. Villa DATE: May 3, 1995 SUBJECT: Appeal No. 4296 - Charles Tyler, Jr. Necessary Compliance Required for Chicken Coop It has been brought to our attention that the chicken coop has not as yet been brought into compliance with the Zoning Code, or the conditions under which the variance was granted. Attached are copies of a letter received from the adjoining property owner on the westerly side and a copy of the ZBA conditional determination rendered February 1, 1995. Please take appropriate steps necessary to settle this matter. cc: Town Attorney Laury Dowd ZBA Members R APPEALS BOARD MEMBERS h~o~~gUFFO(,~-cOGy Southold Town Hall Gerard P. Goehringer, Chairman c t 53095 Main Road Serge Doyen, Jr. w x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?J~ a0~ Fax (516) 765-1823 Lydia A. Tortora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 2, 1995 Mrs. MaryAnn Fleischman Milligan P.O. Box 1664 Mattituck, NY 11952 Re: Appeal No. 4296 - Charles Tyler, Jr. (Chicken Coop) Dear Mrs. Milligan: We have contacted the Building Inspector directly about necessary enforcement of the noncompliance situation confirmed in your letter to the Board of Appeals. By way of a copy of this letter, we are also transmitting your letter to the Building Department for their file and further action. Very truly yours, BOARD OF APPEALS By: Robert A. Villa Enclosure Copies to: Building Department Attn: Gary Fish, Building Inspector a~ Ile /(,?I( P" U '74D C,Io_ ,a e Yom g~~ 576 L:)-9 o~~S~ffOi.,r; CpGy APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman H ,x 53095 Main Road Serge Doyen, Jr. 10 ow P.O. Box 1179 James Dinizio, Jr. Southold, New York x(516) 765 181 71 Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: February 1, 1995 APPL. #4296. APPLICANT: CHARLES TYLER, JR. LOCATION OF PROPERTY: 1455 Pike Street, Mattituck, NY COUNTY TAX MAP DISTRICT 1000, SECTION 140, BLOCK 2, LOT 41. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated December 2, 1994: "Horses and domestic animals other than household pets provided that such animals shall not be housed within 40 feet of any lot line...." PROVISIONS APPEALED FROM: Article III, Section 100-31C(8). RELIEF REQUESTED: 5' x 9' accessory (chicken coop) shed with small fencing located in the rear yard at 30 feet from the rear property line and 15 feet from the westerly side property line. MOTION MADE BY: Richard C. Wilton, Member SECONDED BY: Serge Doyen, Jr., Member ACTION/RESOLUTION ADOPTED: Granted present rear yard location for 5' x 9' accessory shed with fencing as built, at 30 feet from rear line and 15 feet from side line for housing of six chickens or hens (as exist) subject to the following conditions: (1) chickens shall remain housed until 7:00 a.m.; (2) chicken coop door opening shall face north; (2) no exposed manure to be collected on site; (3) when owner disbands chickens remove coop and chickens or hens without replacement; (4) limited to housing for six chickens due to size and location; (5) limited to present size of 5' by 91; (6) no outdoor burning; (7) no loud disturbances from fowl, such as roosters (8) open yard areas shall be tidy and clean from debris, tires, etc. (9) relocate accessory to the center of the rear yard. REASONSIFINDINGS: No alternative location is available; present location is a rear yard where accessory uses are permitted generally (without housing of chickens). Chicken coop is temporary according to applicant. Under the circumstances, variance is not unreasonable with limitations established herein. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Richard A. Wilton, Member Nay: James Dinizio, Member. (No reasons given) - Abstained: Gerard P. Goehringer, Chairman tion. This resolution was duly adopted 3-1, 'th o a R'B~VILLA 0 ~Og~FFOLK~OG APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman COD 53095 Main Road Serge Doyen, Jr. W- P.O. Box 1179 James . Villa A- y~~l *t ~aO! Fax Southold, 516) 765-1823 71 Robert Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February 14, 1995 Mr. Charles Tyler, Jr. Box 350 Mattituck, NY 11952-0350 Re: Appl. No. 4296 - Property Owned by Bernice Tyler Variance for Location of Chicken Coop Dear Mr. Tyler: Please find attached a copy of the Board's findings and determination rendered at our February 1, 1995 Regular Meeting concerning the temporary placement of the chicken coop for housing of six chickens. Please be sure to note modifications required for compliance and to file a new sketch or map with the Building Inspector for amendment to the pending buildif?g permit application. For convenience purposes, copies of this determination have been forwarded to the Building Department for their permanent records, and to the Suffolk County Department of Planning as required under the Administrative Code of Suffolk County which governs projects within 500 feet of a State Road. If you have questions pertaining to this determination, please feel free to call us. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department - Suffolk County Departmentof Planning - ~ ~~S~FFOLKCOG APPEALS BOARD MEMBERS y0 'yj2 Southold Town Hall Gerard P. Goehringer, Chairman r°n T 53095 Main Road Serge Doyen, Jr. ~+p P.O. Box 1179 James Dinizio, Jr. d a0~ Southold, New York 11971 Robert A. Villa ~~l[ Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: February 1, 1995 APPL. #4296. APPLICANT: CHARLES TYLER, JR. LOCATION OF PROPERTY: 1455 Pike Street, Mattituck, NY COUNTY TAX MAP DISTRICT 1000, SECTION 140, BLOCK 2, LOT 41. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated December 2, 1994: "Horses and domestic animals other than household pets, provided that such animals shall not be housed within 40 feet of any lot line...." PROVISIONS APPEALED FROM: Article III, Section 100-31C(8). RELIEF REQUESTED: 5' x 9' accessory (chicken coop) shed with small fencing located in the rear yard at 30 feet from the rear property line and 15 feet from the westerly side property line. MOTION MADE BY: Richard C. Wilton, Member SECONDED BY: Serge Doyen, Jr., Member ACTION/ RESOLUTION ADOPTED: Granted present rear yard location for 5' x 9' accessory shed with fencing, as built, at 30 feet from rear line and 15 feet from side line for housing of six chickens or hens (as exist), subject to the following conditions: (1) chickens shall remain housed until 7:00 a.m.; (2) chicken coop door opening shall face north; (2) no exposed manure to be collected on site; (3) when owner disbands chickens, remove coop and chickens or hens without replacement; (4) limited to housing for six chickens due to size and location; (5) limited to present size of 5' by 91; (6) no outdoor burning; (7) no loud disturbances from fowl, such as roosters (8) open yard areas shall be tidy and clean from debris, tires, etc. relocate accessory to the center of the rear yard. REASONS /FINDINGS: No alternative location is available; present location is a rear yard where accessory uses are permitted generally (without housing of chickens). Chicken coop is temporary according to applicant. Under the circumstances, variance is not unreasonable with limitations established herein. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Richard A. Wilton, Member Nay: James Dinizio, Member. (No -reasons given)-- - Abstained: Gerard P. Goehringer, Chairman This resolution was duly adopted 3-1, with on ab hon. ~J, . 0. ROBERT VILLA (0 uer) ETIOUR Llaiti I D n_T T :33 M Is.~~';~ urn ~'.i sP c2 /141/q-5- c'- cr; c` o 1010. ley, ~ t ~ rc'1 ,4 L ~ ~ ~ ` s. ~w~-.~ - :tom ,alrx _ :mac,, ~ g, ~ a p''':K ~ _ ' s ~ ~ .t ~T ..y. -ai.. *1 ~7 rMif t~ I `95a1r T~ ( z~ ~ 1~ ~1,f a, 1,t ~Ti~~,~/ f, , tC . ~ ~ t }r' ` y l~ ! y.( .~•l4`[ ~ -,~yi(., x.{{~ 9 ~i~~,~;~7Ah~ g-r •g,~ -i~_•, :i~'P~.'-'y~fy~,~ f, S pf F"r~ g ~a 4 + 1 k4!( 1 3 ~ s p . E L ~ . ~ ~ ..i i'l y~~ t _ ..ate }`"l ~ ~ • ' \1.~ rr~ k ~ yI~\\1 f )V t !~l i +o-` ~ ~+'~a^ vY. Vill ~ N% y `may', __,r ~r_ r ~Ir~~y,~ ~,~t i•~ . _ l ~ ~ r ~4~` h° gig tAMl AON - - • JAN 2 ~ I ~"5 v-6 - - -1r1 - BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of CHARLES TYLER, JR. -----------------------------------x CONFIRMATION OF POSTING 1, OL14?S ? , residing at I being duly sworn, depose and say: That on the d-a"day of January, 1995, 1 personally posted the property known as "1455 Pike Street, Mattituck, NY" by placing the Town's official poster Notice on facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held February 1, 1995.) Dated: January 1995. C- ture) ~~gpfFOLKCOG APPEALS BOA D EMBERS o Southold Town Hall Gerard P. Goehringer, Chairman r°n 53095 Main Road Serge Doyen, Jr. p P.O. Box 1179 James Dinizio, Jr. y O~ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 17, 1995 Mr. Charles Tyler, Jr. P.O. Box 350 1455 Pike Street Mattituck, NY 11952-0350 Re: Appl. No. 4296 - Variance for Accessory Building Dear Mr. Tyler: Please find enclosed a copy of the Legal Notice published this week by our office. You will note that the public hearing will be held on Wednesday, February 1, 1995 at the Southold Town Hall at 7:45 p.m. Also, you will find enclosed a Poster Notice which must be placed either on a stake and located in the front yard (road side) of the subject property, or placed on the front of the building (or fence, if appropriate) where it can be easily seen from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days. You should complete the attached Confirmation of Posting, sign, and return it to our office either by mail or hand delivery for our update and permanent file. Thank you. Very truly yours, Linda Kowalski Enclosures 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: C Narics Icr Tr. DATE OF PUBLIC HEARING: o. T7C bo I I lqq5 ' P 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 9 TOWN OF SOUTHOLD • (516) 765-1809 or- c.= L'CP 2.c/ lc- I !03 fee.-~ e,a LAO. ~,?tie¢u s, - Lvq 'J x I s' © _ 4 4 a r ~a /alt's - 7y/~ 57- P(~.oP E ~T ~ a t E S0 Fee f I- A,"~~~'~ 0 COU* OF SUFFOLK NOTICE OF P B I Map Parcel ID No. 1000-112- STATE OF NEW YORK ss: HEAD 1-Lot 4 and part of 3, said lot as amended, containing NOTICE IS HEREBY 128,045 sq. ft. of land area, sub- Tim Kelly, being duly sworn, says that he is GIVEN, pursuant to Section jectioafinalresolution forlot- the Editor, of the TRAVELER-WATCHMAN, a 267 of the Town Law and the line approval and subdivision Code of the Town of Southold, by the Southold Town Planning public newspaper printed at Southold, in Suf- thatthefollowing public hear- Board., folk County; and that the notice of which the ings will be held by the 3. 9:45 p.m.'Appl. No. annexed is a printed copy, has been published SOUTHOLD TOWN BOARD 4296-CHARLES TYLER,JR, OF APPEALS at the Southold Request fora Variance under,, in said Traveler-Watchman once each week for Town Hall, 53095Main ROad,:_ Article 111,'. Section 100- Southold, New York 1197 1, on 31C(8),based upon theBuild- ' weeks 1. 199 commencing iARY ing'Inspector's December 2, successively, ~ t- 199, commencing at the 1994 Notice of Disapproval for , commencing on the..G).......... times specified below: approval of accessory building day of...... ~ ,,,1192 ~ , 1. 7:30 p.m. Appl. No. (chicken coop) with fence en- 4294- MR. AND MR JO closure located in the rear yard SEPH D r AN. Request fbr area with a setback at less than a Variance under Article the required 40 feet from all XXIII, Section 100-239.4B, property lines., Location of / 3 based upon a Notice ofDisap- Property: 1455 Pike Street, Sworn to before me this.......,! J day of proval issued by the Building Mattituck, NY; County Tax 7 , Inspector updated January 4, Map Parcel ID No. 1000-140- ..........................19.....E 1995, for permission to con- 2-41. sttuctproposed addition at the 4. 7:50 p.m. Continued rear ofexisting dwelling which Hearing on the Applications for o~ is to be located within 75 feet Variances requested by WIL- •-c Q of the existing bulkhead and LIAM F. GASSER concerning Notary Public with a proposed lot coverage of his property known and re approximately. 27 percent for ferred to as the American/qJ BARBARA A. SCHNEIDER all building construction. Loca- Armoured Tank Museum, 640 NOTARY PU5LIC, State of New York tionofProperty:330Snug Har- Love Lane and the south side' tio.4E0,246 bor Road, Greenport, NY; of County Route 48, Mattituck, Qualificd in Suffolk County Cleaves Point Section III, Sub- NY located in the Hamlet- Commission Expires 8/3119` division Lot No. 57, containing Business Zone. District. a nonconforming lot area of (Carryover from 1/4/95). 1,739 sq. ft. County Tax Map The Board of Appeals will Parcel ID No. 1000-35-5-31. at said time and place hear any The dwelling as exists received and all persons or representa- a building permit prior, to the lives desiring to be heard in the/ 1 enactment of the 75-ft. bulk- above matters. Written com- head-setback requirement. ments may also be submitted 2. 7:35 p.m. Appl. No. prior to the conclusion of the 4295- MICHAEL RACZ AND subject hearing. Each hearing GAIL DESSIMOZ. Request will not start before the times for Variance under Article III, designated above. If you wistf Section 100-32, based upon the to review any ofthe above files Building Inspector's January or would like to request more 10, 1995 Notice of Disapproval information, please do not hesi- for permission to locate pro- tate to call 765-1809 or visit our,- posed accessory building (pool office. house a/k/a bath house) in an Dated: January 18 1995 areaotherthantherequiredrear BY ORDER OF THE yard or front yard as a water- SOUTHOLD TOWN front parcel. Location of Prop- BOARD OF APPEALS erty:4255 Private Road No. 10 GERARD P. (a/k/a Hallock's Lane), GOEHRINGER, Mattituck, NY; County Tax CHAIRMAN IX-1/19/95 -rfr pr S~f 5 TI \S-' PUBLIC HEARING STATE OF N;WRK ) NOTICE IS HEREB 4WN f~sc putsmnt to Section 267 0 Town ) SS: Law and Code of the. Town of. COUNTY OF SUFFOLK ) i Southold that the following pubic hearings will held by the /1¦ ~~M i,~, _ i SOUTHOLD TOWN BOARD OF f` Ilgl11 s t/~Al Of Mattltuck, APPEALS at the Soudtold Town Hall, 53095 Main Road. Southold, New in said County, being duly sworn, says that he/she Is York 11971, on WEDNESDAY, FEBRUARY 1, 1995 comtmncing at Principal Clerk of THE SUFFOLK TIMES, a Weekly the times p p.m. .m. Applpl. No. 4294 - Newspaper, published at Mattituck, in the Town of 1. 7:3 MR. and MRS JOSEPH DUGGAN. Southold, County of Suffolk and State of New York, Request for a Variance under Article and that the Notice of which the annexed is a XXIII, Section 100-239.411, based upon a Notice of Disapproval issued printed copy, has been regularly publ ed in said by the Building Inspector updated Newspaper once each week for weeks January 4, 1995, for permission to comma, Pmposed addjtian at the rear , ^~~fce~~ss~iw°e/l~~y~,}co-mmenci on the day of toed d Boy= oftch is to m, 3 1 1J locacate within in 75 75 feetM the exiafingbulkhead and with a proposedicit-i v- entitle of approximately 27 percent for all building construction. Location of /n/J`I. Property: 330 Snug Harbor Road, CHRISTINA VOUNSY Oreenpat. NY; Cleaves Point Section Notar . witc, State Of Now yak i m. Subdivision Lot No. 57, containing No. 5004e84 f a nonconfomting lot area of 12,739 sq. Qualified in Suffolk COUP ' P~d~ Clerk ft. County Tax Map Parcel ID No. COrnrrllSS100 Expires Novernber 21, SfJ 1000.35-5-31. The dwelling as exists ~M o i building permit prim - the of the 75-ft. bulkhead-set- (l/l1lN~/Jl~ enactment i'V ' V t/~~ U)D / l back requirement 2. 7:35 p.m. Appl.'No. 4295 - Notary PLLbIIC MICHAEL .RACZaad GAIL DESSIMOZ. Request for Variance under Article III, Section 100-32, based upon the Building Inspector's Sworn t before me this January . 10, 1995 Notice of Disap. /proval for permission. to locate pro- day O fdT U~~ Posed accessory building (poolhouse Wa bath house) in an area other than the required rear yard Or font yard as a waterfront parcel. Location of Property:d255 Private Road No. 10 (xWa Hallock's Lane). Mattitack, NY- County Tax Map Parcel ID No. 1000- . 112-1-Lot 4 and pan of 3, said lot as amended, containing 128,045 sq. ft. If land area, subject to a final resolution for lot-line approval and subdivision by the Southold Town Planning Board. 3. 7:45 P.M. Appl. No. 4296 - CHARLES TYLER, JR. Request fm a Variance under Article HI, Section _1tNF9 8wrbY ipb0'S1tti' Building Inspector's December 2, 1994 Notice of Disapproval for approval of acces- sory building (chicken coop) with fence enclosure located in the rear yard area with a setback at less than the required 40 feet from all property lines. Location of Property: 1455 Pike Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-41. The Board of Appeals will at said time and,.place hear any and all per- sons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hear- ing. Each hearing will not start before the times designated above. If you wish 10 review any of the above files or would like to request more informa- tion, Please do not hcsitate to call 765- 1809 or visit our office. Dated: January 18,1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER 8208-1TJ19 CHAIRMAN Page 17 - Hearing Ascript • Regular Meeting of February 1, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Yes. Just before you leave we'll see if anybody else, is there anybody else would like to speak in favor of this? Anybody like to speak against it? I guess we're clean. Thank you. Hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER DOYEN: Second. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. 7:45 P.M. Appl. No. 4296 - C ARLES,-'F ~rw MR. CHAIRMAN: Request for Variance for approval of existing accessory building for housing of chickens with fencing, all less than the required 40 feet from all property lines at 1455 Pike Street, Mattituck. Mr. Tyler and his aunt are both friends of mine. Anybody have any specific objection to my officiating at this hearing I wish you'd raise that point at this point. Yes. MARY ANN FLEISCHMAN: Will there be a bias because of this. MR. CHAIRMAN: Absolutely not. I have a copy of the sketch indicating the chicken coop and the fencing and the rear yard area well in the rear yard area at approximately 15 feet from the westerly property line and the building itself is 5 x 9 with a small fence enclosure in the front of it and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Tyler would you like to be heard? CHARLES TYLER: I believe my application states why I'm requesting a variance. Page 18 - Hearing Ascript • Regular Meeting of February 1, 1995 Southold Town Board of Appeals MR. CHAIRMAN: How many chickens do you have now? CHARLES TYLER: I have six. MR. CHAIRMAN: Alright. How many are you intending to have? CHARLES TYLER: I wouldn't look to have any more than that. MR. CHAIRMAN: When did this structure come into being? CHARLES TYLER: Approximately a year ago. MR. CHAIRMAN: Was it built on site or was it CHARLES TYLER: No, it, the building was given to me by a friend. I moved into the location that it's at now. When I got it I wasn't aware that I needed a building permit. I was to understand that I needed a building permit for something that I built myself. Therefore, I never pursued it and I was notified by the Building Department that I needed one and I followed that path and then I was notified that it would be disapproved due to the size of my property and the distance needed to be away from the property line and that's why I'm asking for variance. MR. CHAIRMAN: Alright. You're not the owner of the property though, right? CHARLES TYLER: No, I'm not. MR. CHAIRMAN: Your aunt is the owner? CHARLES TYLER: Yes. MR. CHAIRMAN: Alright. Let's see if anybody, anybody have any questions of Mr. Tyler? Jim? MEMBER DINIZIO: How many chickens you're going to have? CHARLES TYLER: I have six. MEMBER DINIZIO: And that's going to be it? Page 19 - Hearing Ascript • Regular Meeting of February 1, 1995 Southold Town Board of Appeals CHARLES TYLER: Yeah, I wouldn't ask for any more than that. MEMBER DINIZIO: Linda said, no roosters. CHARLES TYLER: I couldn't be bothered with a rooster. MEMBER DINIZIO: OK. MEMBER WILTON: How many chickens have you had in the past? CHARLES TYLER: Six. Six were given to me and that you know. MEMBER WILTON: So, its always been. CHARLES TYLER: Yeah, its never been more than six? MEMBER WILTON: You haven't had any roosters there? CHARLES TYLER: No. The reason for getting them was just for eggs for myself, my family. You know I've no reason to have a rooster. I'm not looking to multiply or that sort. MR. CHAIRMAN: You just answered my question. My question is, why did you want the chicken? I thank you. We'll see what the, you have no intentions of elongating this building at all? It's going to remain the way it is? CHARLES TYLER: No. MR. CHAIRMAN: Alright, thank you. Is there anybody would like to speak in favor of this application? Anybody like to speak against the application? Yes ma'am. Could you just state your name for the record. MARY ANN FLEISCHMAN: My name is May Ann Fleischman Milligan. I own the house right next door to Charlie. In fact I have some pictures to show the close proximity of the houses. Well actually I should say I_ own the house next to the house his, aunt owns. There's a couple of reasons why I oppose to the chicken Page 20 - Hearing Tokscript • Regular Meeting of February 1, 1995 Southold Town Board of Appeals coop. The first one being the noise factor. I have a wake up call every morning when I hear those chickens cackle so I whenever the chickens wake up that's with a when I and my family wake up. I, we can hear them very loudly even in the winter time but it's more intense from the spring time until the fall when we have the windows opened and thank you cause you did answer my concern or wonderment of whether there would soon be a rooster to follow. My second concern is the sanitary concerns. I'm not sure where the feces of the chicken are going right now but there seems to be a pile in the corner close to my house. In fact, I have a picture here that at first I thought was some of the leftover ash from when he use to burn on, but that I understand my husband said that it's been about a month and a half that he seen this pile growing and if it were the ash like my theory then that would have dissipated with the rains and everything. So sanitary concerns along with the smell. The ( ) appearance which I brought some pictures just to give you an idea on the small amount of property what's back there. A chicken coop with a chicken fence and a dog house and the tile whatever that is and there's a boat that's been there for about two and, Oh, three-quarter years and there's two upside down garbage cans, one upside down garbage can on top of the other garbage can that's been there for about 2-1/2 years, 2. The lawn mower is out there that when I first moved in he stored downstairs in my cellar, I did him a favor and that's still out there 3 years now, there's tires that are just thrown there, there are well anyway you'll get the idea with the pictures that I will leave with you and lastly I don't know why the Page 21 - Hearing T19script • Regular Meeting of February 1, 1995 Southold Town Board of Appeals category of antagonist. If you want to call it attitude, if you want to call it historic, a non neighborly of things going on. I've had in fact, it's, it's interestingly to say that you have a relationship with him, because every time I've tried to a work through difficulties as a neighbor. Charlie knows everybody in Town or he works with the Police Station so there's been preferential treatment from my perspective, fire person, whatever. MR. CHAIRMAN: Well that's where I know him from. MARY ANN FLEISCHMAN: Yes, OK. Well in the past three years that I've owned that house and lived there 2-1/2 years ago he got a dog and that dog barked excessively outside when he had the dog outside. Charlie's schedule is such that he would be awake at three in the morning to go to work and the dog would be outside. Alright, so it's a nuisance, talk about it, get nowhere, basically he told us to go take a hike, called the police. This went on for over a year, alright, so the nuisance of that. Snow blower, we would pick up the snow on our sidewalk. In fact, one of his friends owns a snow blower that they were snow blowing and they would purposely come throw the snow back on where my husband shovelled. They would snow blow on a side window and almost broke our window. Alright, so this is disrespect, burning. It took me eight months of him burning and me calling the police and calling the landfill and calling the New York State people, his total disrespect. He can do what he wants. The pollution polluted the baby's room, the smoke would go there, ashes. that would- remain smothering fire, he's a fireman, the smothering would be there for for days in a row. It Page 22 - Hearing T19script Regular Meeting of February 1, 1995 Southold Town Board of Appeals would go away for the weekend, alright. I wonder about the ground board and I can't show it on the pictures where the ashes came down and burnt because it's kind of a hill from where he had the thing. So, also there's damage from the side yard when he replaced a retaining wall and he's yet to really repair that, it got all of the sea erosion. So, I guess overall it's, it's this, he's on a small amount of property that his aunt owns, he's got all the stuff back there, now he wants to have the chicken coop which he's been there for the better part of the past year. It could have been last spring and I'm tired of getting woken up when he wants to, I'm tired of the damage to my property because he doesn't care and I guess I'm, I'm just, I mean if he wants chickens, he works on a farm, go put the chickens on the farm, Charlie, please. You've got a small property there. I'd like to have a little peace and I would like to be able to wake up when I want the alarm to go off not when you're chickens or your dog decide that it's time to be woken up. So, that's all I have to say and I hope there's no retaliatory measure to this time either. This is the side yard just to give you an idea, that's how close our houses are, alright. MR. CHAIRMAN: That's the retaining wall you're referring to? MARY ANN FLEISCHMAN: Yes, yeah, alright. MR. CHAIRMAN: Those are the two houses to the property. MARY ANN FLEISCHMAN: This is like the side view, so that's where my side porch area is and this is as if you're in the front yard looking down. My property line basically the survey is the Page 23 - Hearing Anscript • Regular Meeting of February 1, 1995 Southold Town Board of Appeals retaining wall that the walnut tree is on my property and it goes down straight, OK. MR. CHAIRMAN: We're feeding these all to Mr. Doyen. Mr. Doyen is from Fishers Island. MARY ANN FLEISCHMAN: Oh, OK, alright. This was from, this is outside my a bathroom window and this is that walnut tree that is over there that I talked about and this bush here is the corner of my property, so you can see where the chicken coop is there and how close it is, OK. This is the pile of what I thought was ash, but it just stays there so it could be chicken feces for all I know that it's just sitting there. This is to show you all the stuff in the back yard that is there. Here's another back view of that, of, my house is the green house and then his aunt's house is there. (The parties discussing amongst themselves) MR. CHAIRMAN: Can 1 just ask you a question Mary Ann about the chicken themselves. MARY ANN FLEISCHMAN: Sure, yes. MR. CHAIRMAN: How much noise do they actually make? MARY ANN FLEISCHMAN: Enough to wake me up every morning and that's now time also. In the summer time, I, well, spring I should say, as soon as the weather warms up we will keep the windows open all night long from spring through fall and a, I'm trying to think if there's a, well, the baby's room is the closest to that corner of the house, our room is on the other side. So, if it's not me waking up, it's she waking up, so, the family is being woken up and it's enough to where it is a nuisance. Page 24 - Hearing Toscript • Regular Meeting of February 1, 1995 Southold Town Board of Appeals MR. CHAIRMAN: So, in your opinion there's no way of mitigating the chickens as they stand now. MARY ANN FLEISCHMAN: On the level of the noise how do you stop chickens from cackling? MR. CHAIRMAN: Alright, it, it's definitely not the dog that's upsetting you, it's the chicken? MARY ANN FLEISCHMAN: Oh, no, I don't know what happened. It took a year and a half of the dog, that the dog no longer is a nuisance, no longer barks. Whether the vocal cords were operated on, alright, the dog is not a problem anymore which was great because as soon as the dog problem was alleviated we like a oh, thank God, we're going to be able to you know sleep when we want and then the next thing we knew chickens were back there so and that's why I even made, I'm glad to hear that the rooster is not on the way. But, considering the past experience I've had with the total disrespect of neighborly conducts I, I also question whether or not roosters will soon be there. MEMBER WILTON: You're talking would it help if the chicken coop was moved a few feet towards the east? MARY ANN FLEISCHMAN: I don't think there's much room to move it east and it's the way that the property go is that, it's like there's a, the back yard of, of my property goes into a low compared to his, it's just like a little higher, so I don't know what happens with the sound in that area but it really does seem to echo, so I don't know if moving it over a few feet really would do much of anything. Page 25 - Hearing Ascript • Regular Meeting of February 1, 1995 Southold Town Board of Appeals MEMBER WILTON: What's the noise level of six chickens in the morning? MARY ANN FLEISCHMAN: Not to wake me up, I don't know, I don't have a decibel reader, enough to be woken up in the winter time, just normal sounds, I don't know, unless you want to get up. MEMBER WILTON: No, could you compare it to some other noise that you know might be familiar with? Horn honking, geese overhead? MARY ANN FLEISCHMAN: No, not geese, no geese overhead cause they fly over you know, they have their own pattern over the area there and they've never woken me up. BOARD SECRETARY KOWALSKI: Is there a nursery school still in the back? MARY ANN FLEISCHMAN: Yep. BOARD SECRETARY KOWALSKI: The children go outside, right? MARY ANN FLEISCHMAN: Yeah. They're not there at 5:30 in the morning. BOARD SECRETARY KOWALSKI: Alright, it's early. MR. CHAIRMAN: Is this a noise that continues or do they eventually settle down? Is it a noise that could be MARY ANN FLEISCHMAN: They settle down within about a half hour, forty-five minutes. MR. CHAIRMAN: Alright, so it's not a noise that would be caused by other animals that would be a cat or anything of that nature? It's the same time every morning? MARY ANN FLEISCHMAN: Yeah, well yeah, well and it also depends on sunrise, that's when the chickens rise up. A, cause Page 26 - Hearing Transcript Regular Meeting of February 1, 1995 Southold Town Board of Appeals thereafter, thereafter then, then when I get awake after about 20 minutes it's like OK, this isn't going away so I'm not going to be able to fall back to sleep, then I get up and then I take my dog out and she goes promptly out back there because she hears the chickens so she starts barking at the chickens. I have an invisible fence so my dog stays inside the perimeter. MR. CHAIRMAN: Alright, thank you. MARY ANN FLEISCHMAN: Thank you. MR. CHAIRMAN: Not to get into a counter productive situation but we'll ask Mr. Tyler if there's anything he would like to say. CHARLES TYLER: If there are any changes you'd like me to make I have no problem doing that. I live right there, I don't, I don't find a problem with that. MR. CHAIRMAN: So you would be willing to clean up the yard and so on and so forth. CHARLES TYLER: Yes. MR. CHAIRMAN: Move the chicken coop? CHARLES TYLER: Yeah, I have no problem with that, like I said, you know, I don't have a problem with it. MR. CHAIRMAN: Alright. Does anybody have any questions of Mr. Tyler? MEMBER VILLA: Yes, they said you work on a farm too? How far away is the farm? CHARLES TYLER: Not so very, a quarter of a mile. MARY ANN FLEISCHMAN: Question. If your determination is to move it, is there a way that you could have a stipulation that we Page 27 - Hearing Transcript Regular Meeting of February 1, 1995 Southold Town Board of Appeals test one because if, if it's going to be a decision on that he move it and it's still problematic I would like to know if there's a recourse that I would have because going back to my, my theory of the way the sound travels back there that I don't think because he's got such a small amount of land, I don't think it's going to make that much of a difference and I guess I'm anticipating that the decisions like all the other decisions in the past seem to go Mr. Tyler's way. Is there a recourse after that? MR. CHAIRMAN: Well, let's put it this way. We could ask Mr. Tyler to clean up the entire yard alright, move the chicken coop, alright. If Mr. Tyler chose not to do that on the Board's own motion we would reconvene the hearing and take away his right to have the chicken coop and we've done that in the past, not in reference to a chicken coop but in reference to other things, alright, so, I really don't know how the Board feels on this. I'll be perfectly honest with you Mary Ann, I don't even know how I'm voting on it, alright. I may just abstain, alright. All I ask you to do is, if anybody had any particular objection for me to officiate at the hearing. I think I've done as best as I possibly could at this point, alright. I don't know at this point, we end up in a situation where we don't go out on inspections together, the League of Women Voters have asked us not to do that, alright, so then we don't talk about the individual hearings until we actually come here. We don't deliberate until after the hearing and so I can't tell you how it's going to go, alright at this point. MARY ANN FLEISCHMAN: I just think this is making me paranoid. Page 28 - Hearing TrIescript • Regular Meeting of February 1, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Mr. Tyler. CHARLES TYLER: I have one question. Out of all the other adjacent property owners has a complaint been made or are there any complaints in the last year on this? MR. CHAIRMAN: We wouldn't, we have no, we're not privy to any CHARLES TYLER: OK, all people that are involved that were given a notice, the same as Mary Ann was, did anybody make a complaint of that nature? MR. CHAIRMAN: I have nothing in the file. We did have a letter from Mr. Hallenbach which he withdrew his objection. MARY ANN FLEISCHMAN: And what difference does that make? Maybe people are not as comfortable speaking out as I am. BOARD SECRETARY KOWALSKI: No, he gave a letter saying he would approve that location with six chickens. lie didn't really withdraw, he said with those conditions. MEMBER VILLA: And when the six chickens are gone that the coop be removed. BOARD SECRETARY KOWALSKI: That's right. MARY ANN FLEISCHMAN: He works on a farm, I still say let him go to the farm. MR. CHAIRMAN: I was just thinking. What would happen if the chicken coop was actually turned around and the fencing was to the rear of the property so that the deadening sound actually was the coop itself towards your property, I mean certainly Page 29 - Hearing Tr'~nscript • Regular Meeting of February 1, 1995 Southold Town Board of Appeals CHARLES TYLER:. Like I said before I have no problems with any of that. MR. CHAIRMAN: All I can tell you at this point is that we'll kick it around and we'll see what we can do in the most trite sense that I can make that phrase. In no way, alright, in my questioning your opinion in reference to the amount of noise that these chickens are making, alright, I just never heard chickens make that much noise and now please this has nothing to do with your statements and your MARY ANN FLEISCHMAN: I'm not taking it personally but it has been an interesting three years of having moved into the neighborhood, so this, you don't worry about it. MR. CHAIRMAN: Alright, thank you very much. Hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER WILTON: Second. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. MR. CHAIRMAN: Thank you very much for coming in everybody. For everybody who is concerned about this we have approximately 60 days to make a decision on this, actually 45 to 60 days. We're certainly not going to make that. We're going to make a determination as soon as we can, alright and it depends upon how long the hearings go tonight and so on and so forth, but we may have a decision tonight, I don't know. FOL& APPEALS BOARD MEMBERS y0 'yj~ Southold Town Hall Gerard P. Goehringer, Chairman H T 53095 Main Road Serge Doyen, Jr. S 1W P.O. Box 1179 James . Villa Fax (516) ti A r. Soo 765-182371 Robert Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS. TOWN OF SOUTHOLD .E.Q.R.A January 13, 1995 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4296 Project/Applicants: Charles Tyler, Jr. County Tax Map No. 1000- 140-2-41 Location of Project: 1455 Pike St., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of accessory building (chicken coop) with fence enclosure located in the rear yard with a setback at less than the required 40 feet from all propert lines ghis 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) Farm 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(~-~oGy JUDITH T. TERRY C Town Hall, 53095 Main Road TOWN CLERK y P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS • Fax (516) 765-1823 MARRIAGE OFFICER Telephone (616) 765-1800 RECORDS MANAGEMENT OFFICER 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 RE: ZONING APPEAL NO. 420'- CHARLES TYLER, JR. DATED: JANUARY 13, 1995 Transmitted is application for a variance from CHARLES TYLER, JR., together with Building Department Notice of Disapproval, Notice to Adjacent property owner, Application for Building Permit, Questionnaire for filing with your Z.B.A. Application, Deed showing conveyance to Frank and Bernice Tyler, sketch showing proposed building. 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 s eet m y be attached.) B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { ) Yes (X ) No. (.If Yes, Plaace attach Copy of "conditions" of sale.) C. Are there any proposals to change yr alter land contcurs? ( ) Yes f~ ) No D. 1. Are ^there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? A JO 3. Is the property bulkheaded between the wetlands area and the upland building area? A)0 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? 610 _ E. Is there a depression or sloping elevation near the area of proposed cruction at or below five feet above mean sea level? (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? y If none exist , please state "none_„ G. Do you have any construction taking place at this time concerning your premises? of your building A10 If yes, please suhmit.a copy permit and map as approved by the e Building Department. If none, please state. H. Do parcel. you opp any co-owner also own other land close to this If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel proposed use o~ and Au norized gn ure 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 6-5.84 by L.L. No. 6-19841 WEiLA MS [Amended 8-26-76 by L.L. No. 2-1976. 3-26- 85 by LL No. &1985t A. i1DAL 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 cordgxass and/or (3) All land immediately ndjacentto a tidal wetland as defined in Subsection ,+M and lying within seven- ty-five (75) 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 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of \ew Yorlc: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection S(1) and lying with- in seventy-five (75) feet landward of the most land- «•ard edge of a "freshwater wetland:" 9705 z. •5,85 RECEIVED • 1 G C 0 P. JAN 13 1995 TOWN OF SOUTH E%dj&K ,;Oij OW APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO 4~L?p DATE 3yl g> TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .Cl'.la^.. ks.....lyl!.....~V ofC.Is.5s....C.s1~ ....5Ti ! : cz. ~O-F 35~ Name of Appellant Street and Number NN A( _29S7. AV`T.LSL'...................................... .......N ..........HEREBY APPEAL TO Munici ah St 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 C~ r1.~~....~.. ~4X Name of Applicant for permit of Street and Number Municipality St to ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 77 1. LOCATION OF THE PROPERTY ........5 Street /Hamlet / Use Dis trict on Zoning Map District 1000 Section /yoBlock Lot y/Current Owner / .~Z-C T Map No. Lot No. (1/ Prior Owner ~C2 ~e~ ~PrS~av 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number, o not quote the Ordinance.) Article Section /00 3 / C 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (K') A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has as no been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 >d- A Variance to the Zoning Ordinance is r uested for the reason that 4 V Form ZBt (Continue on other side) REASON FOR APPEAL Confinued'' 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shored by all 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 THE DISTRICT because STATE OF NEW YORK ) '(~j COUNTY OF Su6CO) ss Si Lure 5A/, Sworn to this day of...... . 19 LINDA F. KOW4LSl(1 Notary pwk State of Now Writ t~rotory Public Na52-4524771 CornmI GsaIlarr n InSuLt & EVIM Nov. 30 gz I BOARD OF APPEALS TOWN OF SOUTHOLD (~I~n the Matter or the Petition of 3n- - (QST~I¢,-Tr, NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER 1 YOU ARE HEREBY GIVEN NOTICE: 1. T he 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] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Lor_aleA AT 1 yS F~rke 5_7-0roFZ , &,fz77rjyc~ //p,>^CA_ Colin 3. That the property which is the subjec f suc Petition is located in the following zoning district: -i That h~ such Petition, the undersigned will request the following relief: LOC.t 7-1 " O~ ~iG spa . 5. That the provisions of the Southold Town Zoning Code applicabl t the relief sought by the under- signed are Article _-ZCt _ Section i6na 3 / G' yy [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the 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-Matti tuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners'Names: Pos Office Address ~K {'L<lFfi-r~-r~- plc, tiY S S~ Tel. No. 39~_yS~~ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME I ADDRESS Z 760 490 751 Z 760 490 749 Z 760 490 750 Receipt for certified mail insurance Coverage provided No 101000-00 Do not use for International Mail .U (See Reverse) Sent to Q 2 Street and ~j LO E 0 P _ C~18 n 21P Coda .ag. $ .3Z Pwoata Gertgied Fee ep~,{W, So VLU ~dDWO~ c') 1 ) wirq Raw Pete Mared to who m ing to Win u Return a e ie to end Addreeeee's A a 5 ~ Poetmark or Date t7 0 LL to a STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) QS ( P.tr residing at ~U<< pL~ke S~T,E~eej AT SS being duly sworn, deposes and says that on [he day of 19 -7 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, irected 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 asihown on the current a sessment yll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at o J~ia V ; that said Notices were mailed to each of said persons by (certified) (registered) mail _j/sdCl1~Q Q 2 ~C Sworn to before me this /3 day of J q h u o,r 19 q_ Notary Public UNDA7. KGWA= No" PJMW. Sizes of Ne. 624624771 Newyork 00"Win6unekCaetY jr Commtsaton E>~ire~ Nov. 90,19 (This side does not have to be completed on form transmitted to adjoining property owners.)