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HomeMy WebLinkAbout4306 1 _ ~17sd{ / ~r~. ~/3/9?~ .lSCtl~~1 .,,i~ Cur°fFr .~~sseeF.=. o4iB~ ~z~~17>o.ie APPEALS BOARD MEMBERS gUFFO(t co h~0 py Southold Town Hall Gerard P. Goehringer, Chairman < 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 ACTION OF THE BOARD OF APPEALS Appl. No. 4306. Upon Application of ROBERT AND BARBARA W. VANMETER. This is a request, based upon the February 28, 1995 Notice of Disapproval issued by the Building Inspector, for a Variance under the Zoning Ordinance, Article III-A, Section 100-30A.3 to construct 3'3" extension along the westerly side of the existing dwelling, reducing the setback from the established setback of 6.5 feet to three (or 3.2) feet. The subject premises contains a total area of approximately 9,700 sq. ft. and is located in the R-40 Low-Density Residential Zone District. Property Location: Corner of Opechee Avenue and Osseo Avenue, Southold, NY; County Tax Map ID No. 1000-87-3-24. WHEREAS, after due notice, a public hearing was held on May 3, 1995, at which time all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this new Appeal Application is based is dated February 28, 1995. The Notice of Disapproval makes reference to a building permit application to construct an addition to the existing dwelling, at a side yard of less than the established nonconforming setback. 2. CODE REQUIREMENTS. The relevant provisions of the Zoning Code is Section 100-244 which states that the minimum sideyard shall be 15 feet, except when the existing side yard legally preexists the require- ments. 3. PROPERTY DATA. The premises in question is a small lot containing a lot area of 9,700+- sq. ft. with frontage along Opechee Avenue of 53.12 feet, and 161 ft. along Osseo Avenue at Southold. This parcel is improved with a single-family, 1-1/2 story dwelling as more particularly Paget - Appl. No. 4306 Matter of ROBERT AND BARBARA VAN METER Decision Rendered May 3, 1995 shown on the survey prepared by Anthony W. Lewandowski, L.S. dated February 23, 1995. The setback at the closest point between the southwesterly corner of the dwelling and the westerly property line is 6.5 feet. The easterly (front) yard area scales out to be 16+- feet at its closest point to the porch. 4. PROPOSED VARIANCE. The applicant herein is requesting to add an extension, approximately 33 feet in depth and 3.3 ft. width past the existing footprint, in order to increase living floor area along the westerly side of the dwelling. The setback left would be 3.2 feet. 5. AMOUNT OF RELIEF REQUESTED. The amount of relief requested in relation to the Code requirements is substantial, being more than 100% of the code requirement of 15 feet, and half of the present nonconforming setback (reduction of 6.5 ft. to 3.2 ft.). 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots of comparable size, but not as narrow as the subject lot. 7. EFFECTS OF RELIEF REQUESTED HEREIN. It is the position of the Board that: (a) an undesirable change will be produced by the grant of the relief requested for the proposed setback since the dwelling is placed closer to the neighboring property without a reasonable clearance for necessary maintenance. In fact it would be difficult to place a ladder for access to the second floor without using the neighbor's laud. (b) as noted in paragraph 4 above, the relief requested is substantial, and the amount of expense used for the renovations appears to be more than is warranted for the increase of 99 sq. ft. (3 x 33 ft.) of living area; (c) the difficulties claimed are personal in nature to the landowner rather than due to the uniqueness of the land since the owners will not be deprived of reasonable use of the residence and uses normally incidental to the residence; (d) consideration of the test established in New York Town Law for area variances, the relief, as requested, however, will not have an adverse effect or impact on the environmental conditions in the neighborhood and district, but the closeness of the building to the property line will reduce the availability of physical maintenance to the land and building; (e) alternatives are available for the appellant to pursue, other than a variance to extend into other yard areas. Accordingly, on motion by Member Tortora, seconded by Page ,3 - Appl. No. 4306 Matter of ROBERT AND BARBARA VAN METER Decision Rendered May 3, 1995 Member Dinizio, it was RESOLVED, to DENY the relief as requested in this application in its entirety, for the reasons noted above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa and Tortora. This resolution was duly adopted. s s t GERARD P. GOEHR G CHAI N 7 -Be- v RECEIVE, D AND FIT ED BY li1lt 1E iC>C/U 11VLjJ TG•'CY 11 L.!.aLi1 DATE EGUR 9s i Tcvan Clszk, Towr. (91 - r APPEALS BOARD MEMBERS ~O~OgOffD(,YCOG Southold Town Hall A Gerard P. Goehringer, Chairman 53095 Main Road c Serge Doyen, Jr. y z k P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS' .NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 3, 1995, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4306 - ROBERT AND BARBARA VAN METER. This is a request, based upon the February 28, 1995 Notice of Disapproval issued by the Building Inspector, for a Variance under the Zoning Ordinance, Article III-A, Section 100-30A.3 to construct a 313"+- extension along the westerly side of the existing dwelling, reducing the setback from the established setback at 6.5 feet to three (or 3.2) feet. The subject premises contains a total area of approximately 9,700 sq. ft. and is located in the R-40 Low-Density Residential Zone District. Property Location: Corner of Opechee Avenue and Osseo Avenue, Southold, NY; County Tax Map ID No. 1000-87-3-24. Page - Legal Noti&., Regular Meeting of May 3, 1995 Southold Town Board of Appeals 2. 7:40 p.m. Appl. No. 4239 - MARGARET BEST and ADYLYN SYVER SON. This is a request for Variances under Article IIiA, Section 100-30A.1 based upon the Building Inspector's May 2, 1994 Notice of Disapproval for approval of the proposed insufficient lot area and insufficient 'lot width of Parcels 41 and #2, as proposed, in this j pending subdivision project. Location of Property: 420 Private Road No. 17 extending off the easterly side of Camp, Mineola Road, Mattituck, a NY; County Tax Map Parcel No. 1000-123-6-17. The subject premises as exists contains a total lot area of approximately 1.3 acres and is situated in the R-40 Low-Density Residential Zone District. 3. 7:45 p.m. ROGER and KATHLEEN WILSON. This is a request for Variances under Article XXIV, Section 100-244B, based upon the April 12, 1995 Notice of Disapproval from the Building- Inspector, for the location of a proposed porch addition with an insufficient front yard setback and proposed deck addition at the northerly side of dwelling with an insufficient northerly setback and total side yards in this R-40 Zone District. The subject premises contains a total lot area of 30,000+- sq. ft. and frontage along North Field Lane of 100 feet. Property ID: 1000-71-1-17; 1080 North Field Lane, situated near the easterly end of North Parish Drive, Southold. 4. 7:50 p.m. THOMAS AND CARMELA CUNNENN. This is a request for a Variance under Article XXIV, Section 100-244, based upon the April 12, 1995 Notice of Disapproval from the Building Inspector, for the location of a proposed deck over existing patio area which will Page - Legal' Notices ? Regular Meeting of May 3, 1995 Southold Town Board of Appeals exceed the lot coverage by 500 sq. ft. for a total of 2,288 sq. ft., or less when deducting stairs and step areas. The subject premises contains a total lot area of 7808 sq. ft. (Special Note: Section 100-230C(1 &°3) allows step protrusions up to four feet from side line and 15 feet from front property line without a variance.) Location of Property: 2515 Hobart Road, Southold, NY; County Tax Map -Parcel No. 1000-64-4-12.1_ 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 the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: April 24, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x / FORM NO.3 TOWN OF SOUTIfOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL c2 1 Date ...................192 . 14 47 PLEASE TAKE. NOTICE that your application dated .....~?7 ..................i9 for permit to at I / Location of Property .454>l 5e. ~...`TG!Z!Z 9 House No. Street ? Hamlet County Tax hlap No. 1000 Section 7:.. Block . Lot Subdivision . Filed Map No. Lot No. is returned herewith and disapproved on the following grounds a f _ B ldi [nSpector RV 1/80 BOl6D OF HEALTH . FORM NO:t 3 SETS OF PLANS TOWN OFSOUTHOLD SURVEY BUILDING DEPAR s`P: I&Y'y CPECK _ SOUTHOLD, MY. I 9 d TEL.: 765-1802 IN DTIFY: CALL Examined yQ , 19~~ MAIL TO;: f Approved 19 Permit No..... . • . _ Disapproved, aic ~O g? jPtOi , tp>~O rg3 t3 _ . (Building Inspector) ty~ APPLICATION FOR BUILDING PERMIT Date 190. 5~ 11 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 apph cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permi 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 o: Regulations, for the constriction 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 tc admit authorized inspectors on premises and in building for necessary ilispections. >.f~~ Grsft?^ s . f 14 . (Signatur of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer; general contractor, electrician, plumber or builder. rt C,c., !c e . Name of owner of premises 1601- ! a-e ! ° ?tu.-GG.:.. {as on the tax roil or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. Plumber's License No. Electrician's License No. Other Trade's License No. . 1. Location of land on which proposed work will be done.Y . f c 4 E31.......... I...... House Number Street Hamlet County Tax Map No. 1000 Section Block ...0.3....:...:... Lot . Subdivision . Filed Map No. Lot . (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~.ax of L Cr. , . r 1 # r'2 L TFO JC >t•-tom G4 L'''td Sit b. Intended use and occupancy p ,.F,;v c ti ATooel n _ 3. Nature of work (check which appI__..ole): New Building Addition Alteration, . Repair Removal . , ; . , Demolition . , Other Work (Description) 1, ry :SYat-1--l Coz`. , < . .'.°2G , . (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 Rear, Depth Height Number ofStories 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 Stones 9. Size of lot: Front . 1.14 Rear ! 7 D pth 10: Date of Purchase Name of Former Owner ZE?'~ e-z~.l'LZ.+-ec , . 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation: ..It-0 13. Will lot be regraded - $ Will excess fill be removed from premises: Yes 14. Name of Owner o£premises ^*-/'i7z g-" . ,i-WYt Qdress 4: OpAq 4 ;e.A4 ~'Trgione No. Name of Architect 'l . , Address Phone No. _ T X36 f Name ofContractor~- 7. <Q Addresso~. ~i* ~ x one No.~~.......... 13. Is this property within 300 feet of a tidal wetland? *Yes . - No ' *If yes, Southold Town Trustees Permit may.be required. PLOT DIAGRAM .Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back. dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate; whether, interior or corner lot. i ' TATE OF NEW Y R S.S OUNj;Y OFa,\ „ . ..c t7 1~J!a rl ,-being duly; sworn, deposes and, says that he is the applicant (Name of indivi~g contract) )ove named. a is the ......:........1.4 A1t..... - (Contractor, agent, corporate officer, etc.) i ' said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this,, A plication; that all statements contained in this application are true to the best of his knowledge and belief; and, that.the , )rk will he performed in the manner set forth in the application' filed therewith. iom to before me this da f. 1985' tary Public, o nntY , dx~ ROBERT k SCOTT : - TARY PUBLIC, St a of N.Y. nature of applicant) V0 4725089, Suffolk County Term E~OresYNay 39. 1 3F4 n RECEIVED I 'i,' TOWN OF SOUTHOLD, NEW YORK MAR 3 4 1995 5ovi d lgwn NO: p APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL Cie* DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD N. Y, t,)'.1?A'~A}9... .~4of ...L3~ ...L1dEE AYE Name of Appellant Street and Number .........A~. ..........HEREBY APPEAL TO Municipality Sta e THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED HU _2~_„ 1A91~ WHEREBY THE BUILDING INSPECTOR DENIED TO 04 IAr 'v f` war i Name of Applicant for permit of A 4~raa /V. i197A 5~ . . Street and Number Muniapali;ty! State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...I ' i.... ~C...?'I~.......:... Street /Hamlet I Use District on Zoning Map District 1000 Section 2 Block 3 Lot IV. - 'y Curren't _ _ _ --Owner 5448 y- l J fit` Mop No. Lot No Prior Owner 1)&46W--J, • p y0 G6ypv dJr'~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section., Sub- section and Paragraph of the Zoning, Ordinance by number. Do not quote the Ordinance.) Article t4 Section /06-3oA3 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to 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 -4ft) (has not) 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 2SOA Subsection 3 0Q A Variance to the Zoning Ordinance is requested for the reason that yflp_jAv4 Is 126Av«2EO srr xr~N~ t a-17mV GF: darn= rllau~69r~D /y -?Y2 ~ E. U9GI~L~ T? G ?t.~d9~°' >,"r~ct~E;y 7~~9?N~Gsr~2~ .~iiv) 6~~.°"n Form zs1 (Continue on other side) Rt Ai SON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because I d 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 /~as19~ ac ~t~i,YF Zdf• i 3. The Variance would observe the spiritof the Ordinanceand WOULD NOT CHANGE THE CHARACTER OF THE. DISTRICT because it I STATE OF NEW YORK ) ss COUNTY OF ) Signature , 7k u/c U/J c~ Sworn to this day of.:..... . 19 j Notary Public AN NES OR . NOTARY PUiiLIC, STATE N NEW YORK NO. a3-S1212sO ff}}UALMED 3N SUFFOLK COUNTY - COM7 ISSON EXPIRES AUGUST 31, fl 3 ,fl mP STD Q Z Y Z a 3 a r Q Z x rn rn i 'q. G b 'PA cn. 7 V6R t ti ~ \ '•y c~a ~ f dY ~1i°, ~,}~i # w a !Ll r w c t1 l ~ 3 s S qq a a rc- 0, A ~ m mp* O x C A twill 31F SS'; ~Y C, Or gg, 4§ K z r w n ` 4 ~.w. O G1iw ~-..,n x x m x x wc~ : 3 fO n{ ,r^ y ~ Rik 3- ~ ~ • x ~ r Y^ d r _ ~ ~ 3 ~ 4 ~ ~ - ~ 3 Y ..v T `m co x o 0 n m m f o 4 "ti zt ~ o 0 0 0 Fm Y ZT- IWO rez i O OO O °o O m O a fD Hn li "q~ s 7 N N Zl vU R' t, rzx b 7 a aatt y ~ p 0 S _ O 0 y r, igs r t _ r- ta < r• I 17 /V Ad°sd 0:04'4e 7X, lo ~ a 41. LEW nfir C P Y b b ~h W % as ft O~°ECyEE ~yE~U E foz- C~oBE~rE•¢'89eB.9C~/J Yip Y.4NNIET~,e Arvrgcvvy Vv-1ev,4,v,9 ;F4::1' LldNO.5U2~/E~,e l~,o~t~~v.~ourst~io..9u.P,~zx,e Couch,; n/ Y P. c~.~~,c~~18 5oo.;, mz3,ov. y11Y71 ~qrE-F,ey23 ~yys -TO =MtwoafE.v,7.~tvD -87-03 -ZS/ COUNTY OF SUFFOLK i I UL~ ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING May 31, 1995 Town of Southold 1 Zoning Board of Appeal 53095 Main Road 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) Pest, Margaret & Syverson, Adlyn 4239 anMeter, Robert & Barbara W. 4306 Wilson, Roger & Kathleen 4308 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb 220 RABRO DRIVE ¦ P.O. BOX 8100 ¦ HAUPPAUGE. LONG ISLAND. NY 11]88-0099 ¦ (818) 883.8192 FAX (818) 983-4044 • APPEALS BOARD MEMBERS O~OgOfFO(~ CO hy. Gy Southold Town Hall Gerard P. Goehringer, Chairman co < 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O .tc Southold, New York 11971 Robert A. Villa y?j O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~O Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 2, 1995 Mr. & Mrs. Robert Van Meter 135 Opechee Avenue Southold, N.Y. 11971 Re: Appl. No. 4306 - Addition-Side yard setback Dear Mr. & Mrs. Van Meter: 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 APPEALS BOARD MEMBERS O~~gUFFO(~-Co Gy Southold lbwn Hall Gerard P. Goehringer, Chairman o° s 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa y~fj O~ Fax (516) 765-1823 Lydia A. Tortora 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 Commission: XX Variance from the Zoning Code, Article III-A Section 100-30A.3 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4306 Applicant: Robert and Barbara W. VanMeter Location of Affected Land: Opechee Ave. & Osseo Ave., Southold, NY County Tax Map Item No.: 1000- 87_3-24 Within 500 feet of: Town or Village Boundary Line Yl,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 sonatriirr aid;t;nn dwelling with insufficient side yard setback Copies of Town file and related documents enclosed for your review. Dated: May 14, 1995 APPEALS BOARD MEMBERS h~0~~$UFFO(,` COGy Southold Town Hall Gerard P. Goehringer, Chairman c < 53095 Main Road Serge Doyen, Jr. W T P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y4j O` Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 15, 1995 Mr. Daniel J. West 665 Goose Creek Lane Southold, NY 11971 Re: Appl. No. 4306 - Robert and Barbara Van Meter Dear Mr. West: With reference to your recent application, please find enclosed a copy of the Board's findings and. determination rendered at our Regular Meeting held May 3, 1995. Also, a copy of your file has been transmitted to the Suffolk County Department of Planning since your project is located within 500 feet of the Long Island Sound. Once we receive their response, after review at their next meeting, we will forward a copy to you for your records. (It is expected, however, that their agency will pass its review to our department for local determination.) Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Suffolk County Department of Planning Building Department Page 3 - Appl. No. 4301 • Matter of ROBERT AND BARBARA VAN METER Decision Rendered May 3, 1995 Member Dinizio, it was RESOLVED, to DENY the relief as requested in this application in its entirety, for the reasons noted above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa and Tortora. This resolution was duly adopted. s s s Ik GERARD P. GOEHR G CHAI RECEIVED AND r-". -I~T) 313 -'L;- 1.v111 'OUE- CJ l 1..~,_....._ L`2_'T'L5~/o~QS l __i o~2UftiUL' Town Clcr'--, - -Cv y Page 3 - Hearing *,script • Regular Meeting of May 3, 1995 Southold Town Board of Appeals 7:30 P.M. Appl. No. 4306 - ROBERT AND BARBARA VAN METER MR. CHAIRMAN: This is a request, based upon the February 28, 1995 Notice of Disapproval issued by the Building Inspector, for a Variance tinder the Zoning Ordinance, Article III-A, Section 100-30A.3 to construct a 31311+- extension along the westerly side of the existing dwelling, reducing the setback from the established setback at 6.5 feet to three (or 3.2) feet. The subject premises contains a total area of approximately 9,700 sq.ft. and is located in the R-40 Low-Density Residential Zone District. Property Location: Corner of Opechee Avenue and Osseo Avenue, Southold, N.Y.; County Tax Map ID No. 1000-87-3-24. I have a copy of the survey dated February 23, 1995, by Anthony W. Lewandowski, indicating the area. The proximity that the house is to the rear property line which is actually could be a side yard too because it has two front yards and the pencilled in area of the area that they are proposing to add on and I have a copy of the Suffolk COUnty Tax Map indicating this and surrounding properties in the area. Who would like to be heard? Anybody here for the first hearing? Is there anything you'd like to say, Mr. Harrington? MR. WEST: We're Harrington and West and we're just Builders for the Van Meters because they won't be able to make it tonight and I think they have all the paper work they applied. MR. CHAIRMAN: So we can now grill you? MR. WEST: Sure. Page 4 - Hearing Transcript • Regular Meeting of May 3, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Instead of them. MR. WEST: Sure. MR. CHAIRMAN: Is there any particular reason why you chose to go in this direction as opposed to any other direction? MR. WEST: Their kitchen is very narrow. It's like 6-1/2 feet and the main objective is for them to get a little elbow room and the family's grown and they have a lot of kids coming out. We toyed around with a couple of different things and that's the only way to the side yard. It's the only direction to get the room. MR. CHAIRMAN: While you're standing up there, just let me ask the question because I'm sure the Board will have some questions. Is there anybody else would like to speak in favor of this? Anybody like to speak against this application? Start down there with a MEMBER VILLA: The little projection that goes out nuw to that same distance; what is that? A bathroom or what? MR. WEST: It's an outdoor shower. That's the same; it's like 3-1/2 feet, that's what we propose to go out equal with that. MEMBER VILLA: What's on the other side, the living room? MR. WEST: Bedroom. MEMBER VILLA: Bedroom. Now, we don't have a floor plan anywhere in the submission so it's hard to judge. MR. WEST: Actually it's a bedroom and bathroom. A small bathroom. Those would all be given the extra three feet. There's a kitchen on the other side. MEMBER VILLA: Well, what's the size of the room now, that's the thing? Page 5 - Hearing Anscript • Regular Meeting of May 3, 1995 Southold Town Board of Appeals MR. WEST: Of what, the kitchen? MEMBER VILLA: Well you said the kitchen was about 6-1/2 feet. MR. WEST: Right. MEMBER VILLA: What's the bedroom? MR. WEST: The bedroom is about 10, 10 feet and they got a bathroom, that's about 6 feet. It's a small bedroom, tiny, it's a small bedroom. Small bathroom. MEMBER VILLA: Going out to the south side wouldn't work of making the kitchen, no, I could see very small, but what are they trying to accomplish? They're trying to get living space or MR. WEST: Well, what they have is almost like a pencil with room going in that direction would just make it a longer peiiell. MEMBER VILLA: Well, not if you put a room out (here where you could use it as eating area. What are you trying to accomplish in the kitchen? I mean they've had it all these years and it has served as a kitchen. They probably can't eat in it. MR.. WEST: No, they can't eat in it, no. MEMBER VILLA: So what are they trying to accomplish? Are they trying just to make it bigger or are they trying to make an eating area in it, or? MR. WEST: Yeah, they can hardly cook in it. I mean, it's, they could get by, but I mean it's a very, very small kitchen. They just want a decent kitchen. ( Inaudible) They want to have more room for cabinets and there's, there's really nothing in there. MR. CHAIRMAN: Jim? MEMBER DINIZIO: No, I have no questions. Page 6 - Hearing Onscript • Regular Meeting of May 3, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Lydia? MEMBER TORTORA: When did they purchase the house? MR. WEST: I believe it was their mother's. BOARD SECRETARY IiOWALSKI: It's on the Assessor's Card right here if you want the exact date, Lydia. It's on the left there. MR. CHAIRMAN: Redhead, from Redhead, to Redhead. BOARD SECRETARY KOWALSKI: Read the date next to it, Jerry. MR. CHAIRMAN: Actually the date is cutoff. It says 5/29 and I don't know whether that's BOARD SECRETARY KOWALSKI: It looks like 87 to me from here. MEMBER TORTORA: Three foot feet is a, you know what you're asking for essentially is an increase in non conforming use. ( ) for non conforming lots which this is apparently what you said on the application. It would be 15 feet and a I wondered if the, first of all, three feet is you know, a yard stick, and you make this yard ( ) 15 feet variance in my mind is very substantial. I wonder if you have considered the location that you're going to be doing anything the way the bathroom on this as well. MR. WEST: Yes, the bathroom will be pushed out. MEMBER TORTORA: It will be pushed out and how will that affect you as far as your distance from the, your neighbor's property? The bathroom fixtures? MR. WEST: Similar to the kitchen, it's all very, it's all right along, it's very close to the border line. MR. CHAIRMAN: It doesn't change the sewer system. MEMBER TORTORA: It wouldn't? Page 7 - Hearing 79nscript Regular Meeting of May 3, 1995 Southold Town Board of Appeals MR. CHAIRMAN: No. MR. WEST: No. MEMBER TORTORA: So, essentially you're saying that you want to extend this area because it's narrow? MR. WEST: Yes. MEMBER TORTORA: But, they've had it since 89. Prior to that they've had it with their mother. No more questions. MR. CHAIRMAN: Alright, Serge? MEMBER DOYEN: No. MR. CHAIRMAN: Alright, I guess what we'll do, we'll kick it around tonight. We'll let you know what the story is. . You're welcome to give us a call tomorrow, we should have a decision. We don't have a tremendous calendar tonight so we should be able to get to it. We thank you gentlemen for coming in. MR. WEST: Thank you all very much. MR. CHAIRMAN: You're welcome. Hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. \ 0 r "7Gr``~L~ N nets C0 N Vtr; ! a, e4 Cb „Y, r c -rr 4 14, 1: T ~ VV MAR 3 0 "^r Vlf~~r~2 O~x d ~ tl ,K} , y , I !mot ! N-- 7G>"-r3~s` 7Gs°~~k 9r ne~a 1 VAn/ ~CTE2 - 71 X3'3' i 1 +4o u, 'a w 1 CJ k ~ Q ~.u- * C l s {A /gy p i ..K^.c= !qpt~ i U 1 ~ ~ Tf Y t MAR 3 0 ero i~d c+~ l v t~ti~ I APPEALS BOARD MEMBERS ~o~~gUFFO(,( co h Gy Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. y 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 S.E.Q.R.A. March 30, 1995 TYPE II ACTION DECLARATION Appeal No. 4306 Project/Applicants: Robert and Barbara VanMeter County Tax Map No. 1000- 87_3-24 Location of Project: 135 Opechee 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 APPEALS BOARD MEMBERS ~o~~gUFFO(,~ co ti Gy Southold Town Hall Gerard P. Goehringer, Chairman o° < 53095 Main Road Serge Doyen, Jr, rn x P.O. Box 1179 James Dinizio, Jr. O ye Southold, New York 11971 Robert A. Villa A O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 25, 1995 Harrington and West Builders 665 Goose Creek Lane Southold, NY 11971 Re: Appl. No. 4306 - Robert and Barbara VanMeter (Variance) Gentlemen: 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 Wednesday, May 3, 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 this 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 us. Thank you. Very truly yours, Linda Kowalski Enclosures P.S. Reminder, if not done - please stake the outside corners of the proposed location of the addition and show the property line, if possible, for viewing by the board members over the next few days. ~leaSe. re.lxirn 1?r BOARD OF APPEALS: TOWN OF SOUTHOLD ------------------------------------------x In the Matter of the Application of ROBERT and BARBARA VAN METER CONFIRMATION OF POSTING I, f v/ Kx, residing at 45~,2- -c- hereby confirm that on the 26 day of April, 1995, I personally posted the property known as 11135 Opeechee Avenue, Southold, NY"; 1000-87-3-24" b~y placing the Town's official poster Notice on D` LJi~g'aa~ 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 May 3, 1995.) Dated: April 1995. (signature) BOARD OF APPEALS:TOWN OF SOUTHOLD ------------------------------------------x In the Matter of the Application of ROBERT and BARBARA VAN METER ------------------------------------------x CONFIRMATION OF POSTING I, residing at hereby confirm that on the day of April, 1995, I personally posted the property known as "135 Opeechee Avenue, Southold, NY"; 1000-87-3-24" 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 May 3, 1995.) Dated: April , 1995. (signature) STATE OF N YORK) ~p N ICC _DFW~ ) SS: I} NOT'CE IS HEREBY GIVEN, COUNTY OF SUFFOLK ) V" f I3 pursuant to Section 267 of the Town ///tut Law and the Code of the op n of / ' I_'jSt ^ _ QQb p 1 Southold, that the following public l~'r 1, ~jt [j` of Matt[tuek, hearing, will be held by the In said County, being duly sworn, says that he/she Is • 11 SOUTHOLD TOWN BOARD OF V APPEALS, at the Southold Town Han, Principal Clerk of THE SUFFOLK TIMES, a Weekly 53095 Main Road, Southold, New York H971, on WEDNESDAY, Newspaper, published at Mattituck, in the Town of MAY 3. 1995, commencing at the Southold, County of Suffolk and State of New York, times specified below: 1. 7:10 p.m. Appl. No. 4306 - and that the Notice of which the annexed Is a ROBERT and BARBARA VAN METEI:. This is a request based printed copy, has been regularly published in said , upon the February 28, 1995 Notice of Newspaper once each week for weeks Disapproval issued the Building Inspector, for a Variance under the successively, commencing on the 4)_1 day of A _ ' Zoning Ordinance, Article III-A, I Section 100-30A.3 to construct t a a 3'3'4 crtension along the westerly/'~'~ side the existing dwelling, reducing the setback from the established set- back at 6.5 feet to three or 3.2) feet. CHRISTINA VOUNSKI The subject premises contains a total Notary Public, State of Now Yak area of located in the 9,70(1 sq. ft. and No. 5004884 principal is located in t perk he R-40 Low-Density Qualified in Suffolk County Residential Zone District. Property Commission ExWw Vember 23, L19* ocation: Comer of Opechee Avenue J, and Osseo Avenue, Southold, N.Y.; 4. 7:50 p.m. THOMAS aad 09-F i IF County Tax Map ID No. 1000-87-3- CARMELA CUNNENN. This is a 24. request for a Variance under Article Notary Public 2. 7.40 p.m. Appl. No. 4239 - XXIV, Section 100-244, based upon MARGARET BEST and ADYLYN the April 12, 1995 Notice of Disap- SYVERSON. This is a request for proval from the Building Inspector, for OCn before me Variances under Article IIIA, Section the location of a proposed deck over t1lis 100-30A.1 based upon the Building existing I patio area which will exceed Inspector's May 2, 1994 Notice of the lot coverage by 500 sq. ft. for a v 0 l l P Disapproval for approval of the pro- 19 G total of 2,288 sq. ft., or less when "If 67 #1 Posed insufficient lot area and insuf- deducting stairs and step areas. The - - - rcrent pot width of parcels and tt2 subject premises contains a total lot as proposed, in this pending g subdivi- area of 7808 sq. ft. (Special Note: sion project. Location of Property: 420 Section 100-230C(I & 3) allows step Private Road No. 17 extending off the protrusions up to four feet from side easterly side of Camp Mineola Road, line and 15 feet from front property Mattituck, N.Y.; County Tax Map line without a variance.) Location of Parcel No. 1000-123-6-17. The subject Property: 2515 Hobart Road, premises as exists contains a total lot Southold, N.Y.; County Tax Map area of approximately 1.3 acres and is parcel No 1000.644-12 1 situated in the R-40 Low-Density The Board of Appeals will at said Residential Zone District. time and place hear any and all per- 3. 7:45 P.M. ROGER and KATH- sons or representatives desiring to be LEEN WILSON. This is a request for heard in the above matters. Written Variances under Article XXIV, comments may also be submitted prior Section 100-244B, based upon the to the conclusion of the subject hear- April 12, 1995 Notice of Disapproval ing. Each hearing will not start before from the Building Inspector, for the the times designated above. If you location of a proposed porch addition wish to review the files or need to with an insufficient front yard setback request more information, please do and proposed deck addition at the not hesitate to call 765-1809 or visit northerly side of dwelling with W our office. insufficient northerly setback and total Dated: April 24, 1995. side yards in this R-40 Zone District. BY ORDER 19 THE SOUTHOLD The subject premises contains a total TOWN BOARD OF APPEALS lot area of 30,000d sq. ft. and frontage GERARD P. GOEHRINGER along North h Field Lana e of 100 feet. CHAIRMAN Property ID: 1000-71-1-17; 1080 By Linda Kowalski North Field Lane, situated near the _ easterly end of North Parish Drive, - Southold. • o~~gOFFO(~-~, • JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK dJ P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Gy Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 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. 4306 - VAN METER, ROBERT W. AND BARBARA DATED: March 30, 1995 Transmitted is application for a variance from Robert E., and Barbara W. VanMeter together with Building Department Application for Building Permit, Notice of Disapproval from the Building Department, map of proposed project, Notice to Adjacent Property Owners, Questionaire for filing with ZBA application, Southold Board of Appeals instruction sheet for variance applications indicating the instructions that do not apply to this application. i RECEIVED /~~3oP•wl , MAR 3 0 1995 TOWN OF SOUTHOLD, NEW YORK southold Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 5106 r1 cN LL• lK9ti DATE .E...E~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. anrsAl~!....:..... M...~ . of ...13.5. .....4 qY4 Name of Appellant Street and Number 5.,o Cµ04....................................................... ..........W..: .:.........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON 't l T9:~: APPLICATION FOR PERMIT NO . DATED r 7 WHEREBY THE BUILDING INSPECTOR DENIED TO j~r}12 t Wes ...-T7 Name of Applicanpermit of 66 5 600 6&LK 41 S'O~ l1o N'.• i1.' /...............9........................11...................... Street and Number Municipality Stote ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (/C7 FE7C/+s,i For F~D~~Ti:,? 1. LOCATION OF THE PROPERTY 1.3s............UPeeI-Y'-Z' /i. ........$A.IJ.~.k.9:/1 Street /Hamlet / Use District on Zoning Map District 1000 Section 9(1 Bl ock 3 Lot Z { Current Owner 4213n44 W YRn/ A r2 Map No. Lot No. Prior Owner ~zT11lDD r~/r~2Alt ?9~~/L 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section /06 -3oA3 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) 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 fit) (has not) been mode 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 REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (A A Variance to the Zoning Ordinance is requested for the reason that p~2•vLe.` !S //b tiu~2L J % o ~XTCND tf'J/''-7tLd Jr tiL iTq/•)2p G f %n1 0%Du"/~ rO e.vLA/t4c 4'1ic/1'Cv1 1P11,,14 ,4 /wP 901-7e /n Form zsl (Continue on other side) i i REASON FOR APPEAL Continued 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 /a vsi£ wigs cavrr 't~`7 /A/ 7 A /930s , ~!?a/t 7'e' La.v,Al' Uh~:v ricas~ N1-jYf/t- 70 144&z~ 11J/1l. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) COUNTY OF,~) Sign>nature i Sworn to this day of.......................................... 19 4',`1 Notary Public ANN NESTOR NOTARY PUBLIC, STATE OF NEW YORK N0.03-81'11250 ooUALIFIED IN SUFFOLK COUNTY COMTAISSION EXPIRES AUGUST 31,19 BOARD OF APPEALS TOWN OF SOUTHOLD p In the Matter of the Petition of f7/l2>~ YV. V /r/ `7i t NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER J111,119 Z/9mgdAlc. Yl )9 CADdP-6 57 cen.l~ ~o rvncc_ y a 135 A/4/iA/0, rJ/91_y YOU ARE HEREBY GIVEN NOTICE: 1. Th a intention of the undersigned to petition the Board of Appeals of the Town of Southold to request (Variance) Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your roperty and is des- cribed as follows: 146diT 9/PC n F IWtt c•~_SrTV1101e? FT [)~/J1 Zf ,ruruncn A~~[A31 3. That the property which is the subject of such Petition is located in the following zoning district: u2 ryc-r 1lYS Sr;ZTro.J $7 6[ece 3 41-/-/ 4 That by such Petition, the undersigned will request the following relief: pA.//l Pix'W'5511W -/u QM; 2_ 1tiL11 LE Or" 111D~ !f/-?W/_ o 4 3% r+ ie F,- jrz: ray ,w, 4&V "Aim 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 177- 14 Section /aa - 3a 4 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) 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-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: Ah/LCN ZL 1995 Petitioner Owners'Names: &Y-IMA0 6V: YAA/ 4krux Post Office Address o s- s" (JO1advw- /dry i rrNoI-D . v. y /l471. Tel. No. ( r/b )•14_7 -36x6 74S-- [Copy of sketch or plan showing proposal to be attached for convenience purposes.] ~1~ I . 0 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS ~,fUfl 29mf3s?! yJ/7 C?9Z)o/2&~' S/ 2-u13s M11-4n'-6/ ZIVL~ STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) ~14961fAA Ir- Vi9iv 1kke7L-`- residingat /3) (l~LZNt~ i A t I I 1 ^t ~ 1 . being duly sworn, deposes and says that on the 2 / day of /I1?}?GC t A 19 17 r-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- fice at SLTl ~O I A1,4 . ; that said Notices were mailed to each of said persons by (certified) 4api@ w ) mail. Sworn to before me this °-T day of Notary Public ANN NESTOR NOTARY PUBLIC. S1AIE Of NEW YORK NO. 03 81212'0 pUALI9EO IN sUnOLK COGNTY SSION EXPIRES AUGUST 31, 19 COMO I (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of MA"4 aA/ A ye NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: &-D N9 514&A)PAAJ PROPERTY OWNER ())Silo 1,+VLr t'. UI#IAVG I.W.47176 C ~./Iat~c~n .wY) « .S6UT1K1i0, NA7. 11171 YOU ARE HEREBY GIVEN NOTICE: 1. T e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request (Variance) (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: _ 1.tA!s~ _t7D~ Oi LJAtfSPf 5/7U477eV ~r/T 11S APaZ1 a" /JVAr S4 irr L-~ !14'71 3. That the property which is the subject of such Petition is located in the following zoning district: 01 ucf rnrtl 56t7`e#Al 317 Swe 3 41''/ 4 That h~ such Petition, the undersigned will request the following relief: fddn?f Awye 4w 74 6x700D WVTT fiPj5 6F 134.)1 Otf WeAb /3Y 3%,7 I=etT TU &;y~ luri&& R&W_fi 1rN/y All,) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Z~1' 4 Section /#A - 1.0- 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) 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-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: M AiW# 7_L 144 Petitioner 0w n e r s' N a m e s: p/~2/hA)~if Gv ti4At Post Office Address /3r 6 PrZlf~zf Tel. No. (6o/b ) ?y-7-3604 -745- 1013, [Copy of sketch or plan showing proposal to be attached for convenience purposes.] D71-ro . yrat~~~ro ~ MvrET N PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS LEDi?A 514atlpo-,t/ fJSScZ S~ u~ L~71 4~`L. STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) Rs,,tiJ.1E Af,) ;)J y /N residing at 01- ((QL~ZAM 2?~ - Se rol-o 111-71 being duly sworn, deposes and says that on the 'L-1 day of MAIM If 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- fice at S-ir_64rc 9 ; that said Notices were mailed to each of said persons by (certified) (rpiwred) mail. Sworn to before me this a S day of ttJcCQ.~ .19 Notary Public ANN NESTOR NOTARY PUBLIC, STATE OF NEW YORK NO 03-8121250 pUAI IFIED IN SUFFOLK COUNTY COMMISSION EXPIRES AUGUST 31, 19 (This side does not have to be completed on form transmitted to adjoining property owners.) REGISTERED NO 3 S Z$25,; og, eB Delius V1 '€S Handling S Return E O Cher a Recei t i' Postage 8 Restricted S Delivery ~Racaiu r ust ec are WM Postal mdsnal a rdanmity In LMdWd T Full slue 8 BEE .d`F a 18aa Rawrwl LL /3f Heft /JcrT SJU }lYf O { t t z i f ?lrLt,4 y~r/1a"vi ~ ~ ° V/A cnDn/~ SI ~ 20 t 2 s /Yt i cg~vu, ZT~xy PS Form 8999. RECEIPT FOR REGISTERED MAIL !Customer copy! April 1991 (See /nPmmsrron on RewrseA SA FOR WISTERED MAIL CLAMS & INQUIRIES D 9.N~OF - Mailers are Reyuiredt are the Full valete at the f of mail u~~1n all re s mail articles, whether insance is desired or not. POS'IMPINSURAN - Domestic postal insurance against loss or damage y be purl py paying a appropriate. fee. Domestic insurance on registered 'I !3Jm ited to the lessor (1) the value of the article AM time of mailing if lost or di amaged, o cost of repair,. Consult your postmaster for additional detai IE rt~ nd coverage for domestic and interna4ohal registered mail. See. seen 1, Domestic Mail Manual for limitations of~ra le.. WITHOUT POSTAL INSURANCE - An article may also be sent by registered mail without postal insurance by paying the appropriate fee. No indemnity will be paid for articles mailed without postal insurance coverage TO FILE INSURANCE CLAIM Claim must be filed within l ye8r from the date of mailing. Present this receipt. CPaims for complete or partial loss of contents, damage or alleged rifling must be filed immediately. The article. container,. and _ packaging must be presented when filing , complete or partial loss of contents or damage claim- Submit evidence of value or repair costs to substantiate your claim, Inquiries on registered mail claims should not be filed for at least 3 months after the date the original claim was filed. 04TERNA7IONAL REGISTERED MAIL - Indemnity coverage for International Registered Mail is limited to the maximum set by the Convention of the Universal Postal Union. Consult postmaster ahd the International Mail Manual for limitations of coverage and individual country prohibitions and restrictions. - PS Form 3806, April 1991 (Reverse) REGISTERED NO. 700615 , • Re", ea Oti-w Deliive wap p 8 Return t Charge F a Cha Receipt a1n~p~`~~• S Postage S slL Restricted S Delivery ti do Rece' by A b~ u r Must ec are WNh Poste) 425;000: International Full Value 8 ©Mwu.n 0 Indemalty Is Unie d Y r- Wbhan Poeud (Bee Reversal 3i S Inneanca Nfa II .9 ¢ Q (jt do`e'I AI/(~ I a a ~pV,g ~rt~O~fro o O~cD ~6 ~6 ti WisTloc Z 19'7 PS Form 9808, RECEIPT FOR REGISTERED MAIL (Customer Copy) April 1991 )See Information on Reversal V f$ IPI F0$_Bk('4STERED, IA41,- I AIMS & INQUIRIES E~A?p7y'I~N 0UF. - MaIleas arc the Full value at the Im of my~~3y~. do all i tred mail articles, whether in rand is desired or not. W H PSI, 11 CE - Di ;xstai in cr r'e agun.t loss or damage ana be ed by pays Yht apporpnat ice Der st c !nsarance on registered s limited to the ICS err a at it thu ar' ie at-the thn, of mailing if lost Iy,dam~a$ dgg1} )Ire sr - t ar m u 1 ur pI onester for additional de atins@jiil t9*and tttaf; ac ntcmatton'qIsfeecdered mail. See sec ~ n .915, Dom"u, M d Manual or nmitations o~ ebvaIage. WITHOUT POSTAL INSURANCE - An . il:cle n;n. el.o 1>c ;ent by registered mail without postal insurance by paying the appr.,prctr !cc '.o nocmnity will be paid for articles mailed without postal insurance coverage. TO FILE INSURANCE CLAIM - Claim i,.:a: be 3 , w lh„, year from the date of mailing. Present this receipt. Claims for -;n ,v Firt;a! I:, of contents, damage or alleged rifling must be, filed ir;me11; a^.;de- onominer. and packaging must be presented when filing a ~v op'<te o, narh;s! lost of contents or damage claim. Sobmit evidence of value or repair co,t. to subslamiate your claim. Inquiries on registered mail claims should not he tiled for at !east 3 months after the date the original claim was filed. INTERNATIONAL REGISTERED FLAIL - Indemnity coverage for International Registered Mail is limited to the maximum set by the Convention &-the Universal Postal Union. Consult postmaster and the International Mail Manual for limitations of coverage and individual country prohibitions and'restrictions. PS Form 3806, April 1991 (Reverse) QUESTT_CNNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of zthe owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may, b attached.) B. Is the subject premises listed on the real estate market for = sale or being shown to prospective buyers? { } Yes No. (I£ Yes, please attach copy of "conditions" of sale.) C. Are there any praposals tm change = alter land contcurs? { } Yes W No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? q/.U 3. Is the property bulkheaded between the wetlands area and the upland building area? A1_Q_ 4. If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? __A,11,# E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ll(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? VRAlGr If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? A10 If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel OA19- rA'n1W Nvvse and proposed use dAtJ Aiwer Autnorized Signature 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 WETLANDS (Amended 8-26-76 by IL No. 2-1976; 3-26- 85-by-11-T, No.6-1985k 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 cordgm and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) 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, § 21-0107, Subdivisions 1(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 2-33-81 -