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HomeMy WebLinkAbout4327 A,' Poe~sT +,b ~ vrs~ Tlze~ I4o 6 4cy4Alofzl LR oyA f7-1 <~~/S ~C as-se 4,~t -n! SX31 APPEALS BOARD MEMBERS ~~q~o$UFFO(,~eaGy Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road Serge Doyen, Jr. W x P.O. Box 1179 James Dinizio, Jr. O .F Southold, N ork 11971 Robert A. Villa &i%Z151b 4i 23 Lydia A. Tortora 01 ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: September 13, 1995 APPL. #4327. APPLICANT: ROBERT AND DENISE WHELAN. LOCATION OF PROPERTY: 160 Bungalow Lane, Mattituck, NY COUNTY TAX MAP DISTRICT 1000, SECTION 123, BLOCK 2, LOT 2. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated July 31, 1995: "Accessory structure:: required to be in a rear yard." This is a nonconforming lot in an R-40 Zone District. PROVISIONS APPEALED FROM: Article III-A, Section 100-30A.4 (ref. Article III, Section 100-33). RELIEF REQUESTED: 12' by 18' existing shed (with plumbing near refrigeration-cooleralso encroaching side yard setback) located as shown on the survey map dated July 9, 1984 prepared by Roderick VanTuyl, P.C., a distance of between 2.5 and 4.0 feet from the westerly property line "as exists." MOTION MADE BY: Robert A. Villa, Member SECONDED BY: Gerard P. Goehringer, Chairman ACTION/ RESOLUTION ADOPTED: Granted as applied provided there be no utilities installed other than electric utilities - if needed in the future. The size of the building approved is 10 ft. by 12 ft., at a height of 10 feet. The setback is to be not closer than 3.0 feet from the westerly side property line. REASONS/FINDINGS: Requested location is not unreasonable since it will be placed close to the existing stockade fence and large tree, not too far from the existing driveway and garage area. The rear yard is limited in size and is not more suitable. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Richard A. Wilton, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman This resolution was unanimously adopted. lk ~'GERARD P. GOE iRING IF t., Ct 1R MAN i RECEIVED AND FILED BY THE SOUTHOLD TOV114 CLERK yS DATE IAA)%S HOUR g'~ 1 Town Clerk; Town of Southold APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. x P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE' OF PUBLIC HEARING` NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold,' that the following public hearing will be held at a- Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall,, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, SEPTEMBER 13, 1995 commencing of the times specified below: 1. 7:32 p.m. Appl. No. 4331 - DAVID AND CLAIRE AIR. Variances based upon the August 1, 1995 Notice of Disapproval issued by the Building Inspector under the Zoning Ordinance, Articles XXIV, Section 100-241A and 100-243A, and XXIII, Section 100-239.4B, for a building permit to construct- structural alterations and increase floor area of principal building with nonconforming front yard and sideyard setbacks and with nonconforming use(s), and to construct deck additions, seaward' of existing building setback line (within 75 feet of seawall). Location of Property: 2072 Village Lane, Orient; Parcel No. 1000-24-2-27. , 2. 7:38 p.m. Appl. No. 4327 - ROBERT AND DENISE WHELAN. Variance based upon the July 31, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33), for a building permit to construct accessory building in an area other than the Page 2 Legal Notice Regular Meeting of September 13, 1995 Southold Town Board of Appeals required rear yard. The subject property contains an area of approx. 20,400 sq. ft. Location: 160 Bungalow Lane, Mattituck Parcel ID #1000-123-2-2. 3. 7:43 p.m. Appl. No. 4326 - STANLEY and SHARON SWANSON. Variance based upon the August 5, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.3 for permission to exchange property (lot line adjustment) which will reduce the required total area of parcel 1000-141-2-21.5 (owned by Robert Hamilton) and increase the area of parcel 1000-141-2-15 (owned by Stanley and Sharon Swanson) by approx. 8,129 sq. ft. Property Location:: Southerly side of Horton Avenue, Mattituck; Also referred to as part of Lot #3 on the Minor Subdivision Map approved 4-12-93 by the Planning Board for Robert D. Hamilton. 4. 7`47 p.m. Appl. No. 4328 - ROBERT FEGER and THERESA TAYLOR. Special Exception under Article IIIA, Section 100-30B for an Accessory Bed and Breakfast Use in conjunction with the owner's existing single-family residence for the purpose of renting and serving of breakfast to a maximum of six (6) transients not more than three bedrooms (maximum). Location of Property: 5370 Nassau Point Road, Cutchogue, NY; Parcel No. 1000-111-8-19- 5. 7:50 p.m. Appl. No. 4330 - FLORENCE TILDEN. Variance based upon the July 26, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.3 for permission to construct garage addition Page 3 - Legal. Notice , RegularMeeting of September 13, 1995 Southold Town Board of Appeals to dwelling with an insufficient front yard and side yard setbacks.' Location of Property: 3100 Deep Hole Drive, Mattituck, NY; Parcel No- 1000-115-17-14- 6- - 7:55 p.m_ Appl. No. 4329 CHRISTOPHER MAUCERI. - Variance based 'upon the July 24, 1995 `Notice of Disapproval from the Building Inspector, Article XVIII, Section 100-181C(3) for permission to construct` a single-family dwelling with insufficient front yard setback in this cluster development. Location of Property: 1455 Evergreen Drive, Cutchogue, NY; County Tax Map Parcel No. 102-1-4.4. 7. 8:00 p.m. Appl. No. 4332 ARTHUR HAF. Variance based upon the August 6, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33C) for permission to construct detached, accessary garage in a frontyard area on this waterfront parcel wOith reduced setback. Location of property:' 1020 Strohson Road, Cutchogue, NY; Parcel No. 1000-103-10-25. 8. 8:05 p.m. Appl. No. 4334 - ESTATE OF CLOTILDA OLIVER. Variance based upon the August 18, 1995 Notice of Disapproval from the Building Inspector, Article XXIV, Section 100-241 for permission to re-establish nonconforming retail sales use in this Ivl-II Zone District. Location of Property: 64355 Main Road, Greenport, NY; Parcel No. 1000-56-4-21. Page 4 - Legal Notice Regular Meeting of September 13, 1995 Southold Town Board of Appeals 9 8:10 P.M. Appl. No. 4333 - GENEVIEVE STALEY and FRANK PALUMBO, as Contract Vendee. Variance bsaed upon the August 16, 1995 Notice of Disapproval from the Building Inspector, Article =II, Section 100-239.4A(1) for permission to construct a new dwelling within 100 feet of the top of the bluff or bank of the Long. Island Sound. Location of Property: 3200. Sound Drive, Southold, NY; Parcel No. 1000-33-1-7. 10. 8515 P.M. Appi. No. 4335 - HELENE BULGARIS and SUZANNE FONDILLER. Variance based upon the August 9, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 for permission to amend building permit for the construction of an as-built inground swiu mingpool as an accessory structure in an area other than the required rear yard (instead of as an attached structure). Location of Property: 1575 Captain Kidd Drive, Mattituck, NY; Parcel No. 1000-106-05-17 & 18. 11. 8:20 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES. (Carryover from duly 12, 1995 for continuation). Property location: 55465 Main Road, Southold. HB Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted before or during this hearing. If you wish to review a file or need to request more information, please do Page 5 - Legal Notice Regular Meeting of September 13, 1995 Southold Town Board of Appeals not hesitate to call 765-1809 orr visit our office_ Dated_ September 1, 1995. BY ORDER OF THE SOUTIfOLD TOWN BOARD` OF APPEALS GERARD P. GOEHRINGEIt CHAIRMAN BY Linda Kowalsl x x FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, A.Y. NOTICE OF DISAPPROVAL DATE: JULY 31. 1995 Denise Whelan To 160 Bungalow Lane Mattituck, N.Y. 11952 July 13, PLEASE TARE NOTICE that your application dated 19..95 for permit to CONSTRUCT AN ACCESSORY BUILDING at Location of Property 160 BUNGALOW LANE MATTITUCK, NEW YORK House No. Street Hamlet County Tax Map No. .1000 - Section 123..... BLOCK LOT Subdivision' Filed Map No. .........Lot No. is returned, herewith and disapproved on the following grounds AN ACCESSORY STRUCTURE IS REQQUIRED TO BE IN THE REAR YARD IN AN R-40 ZONE AS SPECIFIED IN THE ZONING CODE OF THE TOWN OF SOUTHOLD ARTICLE III A C (I)- ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. r BUNG INSPECTOR GARY J. FISH RV 1/80 FORM NO.1 I SETS OF PLANS TOWN OF SOUTHOLD SURVEY _ _ . . JUL 1 3W BUILDING DEPARTMENT CHECK TOWN HALL SEPTIC FOItH _ • • . SOUTHOLD, N.V. 11971 TEL.: 765-1802 11 DTI FY; y f CALL I../.b Examined . 19 MA I L TO: . . . . .4. . Approved 19 Permit No........... . Disapproved; 1/c L L, n . . (Building Inspector) JUL APPLICATION FOR BUILDING PERMIT i ~ 19.9,5 Date INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. - b. Plot plan showing location of lot and of build'urgson premises, relationship to adjoining premises or public streets 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. it. Upon approval of this application;dhe Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in pait 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, 411d,regulations, and to admit authorized inspectors on premises and in building for necessary in p6tions. (Signature of applicant, or name, if a corporation) (Mailing address of applicant) //S z Stale whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. : /...........4........ 7 Name of owner of premises .!Y.~S `~,~Ll7 (as on the tax roll 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 . I. JLocation of land on which proposed work will be done. . /~o x/il!6 pow : w ......:.....1?...... ~Gr~= _ . . louse Number Street hamlet , County 'l'ax Map No. 1000 Section . , , Block .z Lot IvQL' Subdivision Piled Map No. Lot . (Namej • 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy L v/ L!! T~ qq~ L b. Intended use and occupancy C7ll~G~!)7114G 3. Nature of work (check which appiic New Building /Additio: Alteration Repair Removal . , Demolition' . , Other Work . (Description) . . 4. Estimated Cost Fee . (to be paid on filing this application) S. If dwelling, number of dwelling units J-...... Number of dwelling units on each floor If garage, nunrberof cars < 6. If business, conrrnercial or mixed occupancy, specify nature and extent of each type of use 7. Dimensions of existing structures, if any: Front 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 lam...... ; Rear /.0 Depth Height Number of Stories j330' 9. Size of lot: Front Rear ./.Z Depth 10. Date of Purchase , Name of Former Owner , . IL Zone or use district in which premises are situated, ¢Q . , ; , . 12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be regraded'Q Will excess fill be reproved from premises: Yes No 14. Nance of Owner of premises ./~4SE /P~ lk~z Address Phone No.. ~~fcQ u` ~~Q Name of Architect Address Phone. No.......... Nance of Contractor Address Phone No..'. . 15. Is this property within 300 feet of a tidal wetland? *Yes....... No.. *If yes, Southold Town Trustees Permit may.berequired. . - 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. ' 7ATE OF NL'W YORK G S.S .GUHTY OF.. , : being duly sworn, deposes and says that, he is the applicant (Name of individual signing contract) )ove named. e is the v~ (Contractor, agent, corporate officer, etc-) said-ownerw otivners, and is doly authorized to perform or have performed the said work and to-rnake aril{ file this - )plication; that all staterpents contained in this application are true to the best of his knowledge and' belief; and that the ork will be performed in the manner set forth in the application fled therewith. worn to before nee this - day of ...../.q.........' , 19 ota Public, Count . JOYCE M. WILKINS 612,L , . - . Notary Public, State of New York (Signature of applicant) No. 4952248, Suffolk Coun Term Expires June 12, 1 L RECEBY Ina,- TOWN Of SOUTHOLD, N ~K ~l ~r4 44 APPEAL FROM DECISION OF BUILDING INSPECTOR wttfeotd Torun C1ef(YPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. / y 1, (We) .......of ma~yy// Name of (Appellant Street and Number 111 . zzC - rc_1 _ WX........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED ! ~y.h / WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY L LOCATION OF THE PROPERTY . ..n.:.g Map Street /Hamlet/ Use District on Z .oni. District 1000 0 Section 1361 ock Z Lot Z 2~el IS,6 / L J .ri ...0 -...-..._..Current Owner ~ Map No LorNa Pr"ior Owner 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 AGd l) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) 19f,) 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 (hos) 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 O A Variance to the Zoning Ordinance is requested for the reason that - 11rsrrk= y sN/}C~.J T 7-0 14~16.fI7®,es Form Zsf (Continue on other side) 't`~ ~ k 4d tfih*. ' REASON FOR APPEAL Continued m ; 1. . STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces. scry 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 r~9~ , it /S 197 cM1T i1 'f . Ga zap r,~~frc/ ~vr.rvc~e~~ Bra std es 3. The Variance would observethe spirit of, the Ordinance and. WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because molml STATE OF NEW YORK ) ss COUNTY OF ) Signature Sworn to, this .......1..0 day of x SS Ge.. F - . 19 95 Ate! ' ~~Notary Public LINDA J. COOPER Notary Public, State of New York No. 4822663, Suffolk County /t Terra Expires De-camber 31, 7'9,7 m -n 3 c a o A v~ L.~ I IQ I1V~Z QA Z v p CL..~ a. W N lam'. d.~ \ Q 61 'O \ M Z ~ m m I~ A Z N 7~ e I, ;po m a 3 ~ ~ D < O o m} A 9 r CD o C r Z= 'z m an N m C lki~ m q~ O 03 -M m r- v O C O s c,r v n \ N w O r c m z Z (P 70 vt- Y v < n 0 OV . h ~ f L r r7 ~(13 o ~I~`fl m X D W N 3- , j N W ^ e s J y A x; h 4 ~sn a Oo ~ ~ „ ,x o o m @ _ N 3 ' f O c ~ C~ . 3 - !AIL. ~ x.41 I I m F; 4 V Sf aR Q SCALE: 1"r40' NF vV / .J 1SS•SBppr ~ ~ F I ~a sy PRW.Org WELL MON, • 910 2a.so. a9R6 U12 BAR. g FED/GE n 5203 N 11/0 MOOD ?ORON I J n o / I. 3.0 z! IA." true sk. Lo 60 W _ Z ¢ 2 STY. p T9FFi.DWG. m ~G~T/ 1 ~L 1 1 18.5' S.T. MOOD DEOIS 5.8 611Y OR T4 ~11 r7,4 TZ 'z,7 En OP. i?5.00 MoH. S 79' 41 ' 0.0 " W MON. t i GUARANTEES OR CER9PICATI0NS INDICATED HEREON SNALL RUN ONLY TO THE PERSON FOR WHOM THE SQQRVET 15 PREPARED. 8 ON HIS BEHALF TO THE TITLE COMPANY GOVERNMEW TAL AGENCY & LENDING INSTITUTIONS LISTED - HEREON,BT0THEASSIGNEES0FTHELEN01NG INSTITUTION. GUARANTEES OR CERTIFICA- TIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEOUENT OWNERS "Uha~ged lMration er addition to a survey mar, bean a licensed land surveyor s seal i5 a Yin ion of section 7209. sub-division 2. of The New York State Education Low.` -Doty conies Irom the original of this survey marked with an OriginaDIe of K land surveyors embossed seal *Certifications b co considered to be valid true copies. this MAP OF PROPERTY DellCOosid hereon thatch survey was prepared in accordance w1n Ins SITUATED AT axistinq Code of Practice for Land Surveys ado Ied by the New York Slate Association P1 MATTITUCK, TOWN OF SOUTHOLD Frnre,ai°ni1La°d 5°r"`"°" SUFFOLK COUNTY, NEW YORK TO BERNHARD H.HENN L.S. WHELAN 121 EDDY DRIVE DIX HILLS, N . Y . N.Y.S. LIC.NO. 49175 DATE 5/20/88 er_v. 71112186 (C) COPYRIGHT B.H.REF.N .1678 DESIGNATION 1000-i23-02-002 1 1678 APPEALS BOARD MEMBERS O~Og~FfO(~-CO ti Gy Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. 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 DATE OF ACTION: September 13, 1995 APPL. #4327_ APPLICANT: ROBERT AND DENISE WHELAN. LOCATION OF PROPERTY. 160 Bungalow Lane Mattituck NY COUNTY TAX MAP DISTRICT 1000, SECTION 123, BLS )CK 2, LOT 2. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated Ju1V 31 1995: "Accessory structure: required to be in a rear yard." This is a nonconforming lot in an R-40 Zone District. PROVISIONS APPEALED FROM: Article III-A, Section 100-30A.4 (ref. Article III, Section 100-33). RELIEF REQUESTED: 12' by 18' existing shed (with plumbing near refrigeration-cooleralso encroaching side yard setback) located as shown on the survey map dated July 9, 1984 prepared by Roderick VanTuyl, P.C., a distance of between 2.5 and 4.0 feet from the. westerly property line "as exists." MOTION MADE BY: Robert A. Villa, Member SECONDED BY: Gerard P. Goehringer, Chairman ACTION/ RESOLUTION ADOPTED: Granted as applied provided there be no utilities installed other than electric utilities - if needed in the future. The size of the buildin approved is 10 ft, by 12 ft. , at a height of 10 feet. The setback is to be not closer than 3.0 feet from the westerly side property line. REASONS/ FINDINGS: Requested location is not unreasonable since it will be placed close to the existing stockade fence and large tree, not too far from the existing driveway and garage area. The rear yard is limited in size and is not more suitable. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Richard A. Wilton, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman This resolution was unanimously adopted 5-0. -77 'GERARD P. GO iRING N., Cl IRMAN G, COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING C October 3, 1995 OCT Mr. Gerarad P. Goehringer ' Town of Southold Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 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. Aonlicant(s) Municipal File Numb ffis) fswanson, Stanley 4326 Whelan, Robert & Denise 4327 Feger (Robert) & Taylor (Therese) 4328 SE Tilden, Florence 4330 Air, David & Claire 4331 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:gcc C:\WPWIN6 AZONINGLLOS1SD4326.ZN1 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE. LONG ISLAND. NY 11788-0099 ¦ (516) 853-5192 FAX (516) 853-4046 0 0 APPEALS BOARD MEMBERS ~o~~gUFFO(,~~o ti Gy Southold Town Hall Gerard P. Goehringer, Chairman c~c 53095 Main Road Serge Doyen, Jr. y ze P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa 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 Ccamission: XX Variance from the Zoning Code, Article III-A Section 100-3 QA.4 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4327 Applicant: Robert and Denise Whelan Location of Affected Land: 160 Bungalow Lane, Mattituck, NY County Tax Map Item No.: 1000- 123-2-2 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to construct accessory stied in the side yard area Copies of Town rile and related documents enclosed for your review. Dated: September 26, 1995 • 0 APPEALS BOARD MEMBERS gUFF014, ti ~Gy~ Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road Serge Doyen, Jr. rA x P.O. Box 1179 James Dinizio, Jr. G 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 September 21, 1995 Mrs. Denise Whelan 160 Bungalow Lane P.O. Box 590 Mattituck, NY 11952-0590 Re: Appl. No. 4327 - Variance for Location of Storage Building Dear Mrs. Whelan: Please find attached a copy of the Board's findings and determination rendered at our September 13, 1995 Regular Meeting concerning your recent application for a variance. In the interim: (a) you will receive communications from the Suffolk County Department of Planning since projects located within 500 feet of a waterway is under their review (ref. Administrative Code of Suffolk County). It is expected that the county will refer the matter to the Town rather than taking action for disapproval or approval. No further steps are required on your part since our office sends a copy of your town file to the county directly. (b) you should contact the Building Department upon receiving the enclosed determination to ascertain which other documents are needed to complete your permit and C.O. applications. For convenience purposes, we have forwarded a copy of this determination to the Building Department for its permanent records. If you have questions pertaining to this determination, please feel free to call. Very truly yours, Linda Kowalski Enclosure APPEALS BOARD MEMBERS ~O~Q$UfF0~~C0 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 y'lJ O` Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: September 13, 1995 APPL. #4327. APPLICANT: ROBERT AND DENISE WHELAN. LOCATION OF PROPERTY: 160 Bungalow Lane, Mattituck, NY COUNTY TAX MAP DISTRICT 1000, SECTION 123, BLOCK 2, LOT 2. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated July 31, 1995: "Accessory structure.; required to be in a rear yard." This is a nonconforming lot in an R- l0 Zone District. PROVISIONS APPEALED FROM: Article III-A, Section 100-30A.4 (ref. Article III, Section 100-33). RELIEF REQUESTED: 12' by 18' existing shed (with plumbing near refrigeration-cooleralso encroaching side yard setback) located as shown on the survey map dated July 9, 1984 prepared by Roderick VanTuyl, P.C., a distance of between 2.5 and 4.0 feet from the westerly property line "as exists." MOTION MADE BY: Robert A. Villa, Member SECONDED BY: Gerard P. Goehringer, Chairman ACTION/ RESOLUTION ADOPTED: Granted as applied provided there be no utilities installed other than electric utilities - if needed in the future. The size of the building approved is 10 ft. by 12 ft. at a height of 10 feet. The setback is to be not closer than 3.0 feet from the westerly side property line. REASONS/ FINDINGS: Requested location is not unreasonable since it will be placed close to the existing stockade fence and large tree, not too far from the existing driveway and garage area. The rear yard is limited in size and is not more suitable. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member Robert A. Villa, Member Richard A. Wilton, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman This resolution was unanimously adopted 5-0. lk GERARD P. GOING li, C IRMAN RECEIVED AND FILED BY THE SOU/THOLD TOWN CLERK DATE HOUR S ARM Town Clerk, Town of Southold MWPPPI. The DUTCH BARN iP t. A solution to many storage & space needs, its standard features are: • One double door • Two 18x22 jalousie windows ` ROBERT H. WHELAN P. CONSULTING ENGINE EF~ P.O. BOX 590 BY DATE 160 BUNGALOW LANE SHEET NO. OF MATTITUCK, N.Y. 11952 CHKD. BY DATE (516)298-5770 JOB NO. SUBJECT Odd IS*r02OZ7- Z"~" To/~ l~L~Gr c7wa~ Fir c'a~~ BY T / Zzjqo'AAMr) A/. 9"~4" cGr9 S~~~S G Z-'o"D /OHO` /O 1~ /2 ~D . i~r~ OG~~.~~CG ~I 6)WE/A A/ i w it n SS9 APPEALS BOARD MEMBERS ~r,~gUFFQJ y~ ~Gy Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road Serge Doyen, Jr. y x - P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~j~l ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 5, 1995 Mrs. Denise Whelan 160 Bungalow Lane P.O. BOX 590 Mattituck, NY 11952-0590 Re: Appl. No. 4327 - Variance for Shed Location Dear Mrs. Whelan: Attached please find a copy of the Legal Notice published by our office for the above-noted public hearing to be held on Wednesday night, September 13, 1995 at the Southold Town Hall. At this time we ask that the enclosed "Notice" be posted at the subject premises in a conspicuous place (facing the road on the front of the house, on a stake, or if necessary a tree) where it can be easily seen by passersby. After it has been posted for five days, please return the enclosed confirmation to us by mail or you may submit it during the hearing. Thank you. Very truly yours, Linda Kowalski Enclosures APPEALS BOARD MEMBERS OpS~FFI)~~ GG Southold Town Hall Gerard P. Goehringer, Chairman o Z~c 53095 Main Road Serge Doyen, Jr. C-0 x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?j O` Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS:TOWN OF SOUTHOLD ------------------------------------x In the Matter of the Application of DENISE A. WHELAN -------------------------------------x CONFIRMATION OF POSTING I, residing at , being duly sworn, depose and say: That on the day of September, 1995, I personally posted the property known as "160 Bungalow Lane, Mattituck, NY" by placing the Town's official poster Notice on the front of the house or on a stake (or tree) facing the road where it is easily seen, 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 September 13, 1995.) Dated: September 1995. (signature) STATE OF NEIVRK) ID BS n NO'f1CB~$1LAIM&Pf, ` ) SS: 1 a HBRBBY.OIVB I'aar't to Section 261 of 8ie 7bwn COUNTY OF SUFFOIX ) pp and ate Code of the lbint tMt"1be folbaingraibB!1tVg~ . ^/f ¦ Regmm Mating of F Cb( g 6kJoy -of Mattltuck, SOUTHOLb TOWN BOARD the SOf)'fOF APPEALS, at she Somhokl Town Halt, in said County, being duly sworn, says that he/she is 53095 Main Road, Southold, New York Principal Clerk of THE SUFFOIX TIMES, a Weekly 11971, on WRDNESDAY, SEPTEM- i BERt3'"Im nwWngakdwdme, Newspaper, published at Mattltuck, in the Town of "apsemed below' Southold, County of Suffolk and State of New York, 1. 7:32 p.m. Appl No 4331 DAVID and CLAIRE AIR.Variarttta Of Disapproval issued by and that the Notice of which the annexed Is a based the August 1.th1995 e B he B Nonce printed copy, has been regularly published In said uilding Newspaper once each week for weeks inaPeCtmunder the zoning Ordinance, Articles XXIV, Section 100-24'n aid 100-243A. and xxw Section loo- . s cess vely, cousin cfng on the day of atntct ^'etruNUrsl " ~slteiation[ and tocrome floor area of principal building with nonconforming front yard and sideyad setbacks anti with rtoncon• 1 •~a aa~~/Cg a ~R/ A. 1/ forming uWs), and to construct deck additions, "award of existing building setback line (within 75 feet of seawall). CHRISTINA VOUNSKI Principal Clerk Location of Pmpery: 2072 Wall, 1l ery ;Public, State of New York Lame, opens, Pace 2 7:38 LNn,:~oOD 24-2--2 No. 6004884 1 - P.M. A l' Qualified in Suffolk County 7lOBE1IT Commission Expires November 23, ELAN. ' I (IL ru/I/Alfl Variance ti S bored upon ilk lily 31, 1995 Notice of Disapproval from the ' I Notary Public Building InapMtor,Anicle'.IIf Section 100-30A / (rel. ;100-3D) -fora I _ building Penn It consricI accessory \ _ building in an area other than the Sworn to before me this required rear yard. The subject proper ty contain" an am of approx. 2Q400 day of 5mvabw 19 0 IM fl Loot •160 u low l.gtte, ' 3. 7:43 p.m. Appl. No. 4326 - STANLEY and SHARON. SWAN. SON' Varian" based upon the August 5, 1995 Notice of Disapproval from the Building,:'Inspector,y;;Anicle" HIAr'., Z.O. 100.30A.3 foe'permlse~oilelo exchange property (Ins line adjustment)... which will reduce the required total III area of parcel l ODD- 141-2-21.5(owned " by Robert Hamilton) and innease site area of parcel 1000.141-2.15 (owned" by Stanley and Sharon Swanson) by approx. 6,129 sq. a. Property Location: ! Southerly aide of Horton Avenue, Mauttuck Also referred to as put or Lot 03 on the Minor Subdivision map approved 4-12-93 by the Planning BOW fm Robert D. Hamilton. 14. 7:47 p.m. Appl. No. 4328 - ROBERT FZGER aril THERESA TAYLOR:- Specim Exception under Article YDAVSecami~i00.30 eforwl Accessory Bed and Breakfast Use m conjunction with the owner's existing single-family residence for the purpose of renting and serving of lue kfasl m a maximum of six (6) bratiierts not more than three: bedmoins;;, (byximum) Location of Property:' 1370 "Nailiil1(.i Point Road, Cutcbogue; NY; Pucel No. Iooo-111-8-19. 5. 7:50 p.m. Appl. No. 4330 - FLORENCE TILDEN. Variance based upon the July 26.1995 Notice of 'Disapproval from the Building tlnsPeo"t, At We nw. on. 100- 130A.3~fofg,'pemitaw . garage sildidtil l3-dvie ling..... an insufficient from yard and aide yard setbacks. Location of Property: 3101) Deep Hole Drive, Motrhuck. NV: Puce) No. 1000~115~1 tii 2 6R1y:si ry1'tt aAppY` N0 HRISTOPHER - MAUCERt. Variance baud upon the July 24, 1995 Notice of Disapproval' from.' the Building Inspector, Article XVIII, Section 100.181C(3) for permission to construct asingle-family dwelling with huuflickrl from yard setback in this cluster development Location, of Property'kV 1455 Hverliken Cutch rgu4 "MY Court rap~' Parcel No. 102'1.4.4. ' ~-4 ' 7. 5:00 p.m. Appl. No. 4332 - ARTHUR HAY. Variance based upon the August 6, 1995 Notice of Disapproval from the Building inspector, Article IIIA, Section 100- 30A.4 (rcf. 100-33C) for permission to eomtruct detached,, troniyad Kieft loll thi , ~cei wltli'sedtlced snbac Location of (a 7 'propenyt 1020 StroIts Road, Cutchogue, NY; Parcel No: 1000-10J- 10-25. --8. 805 p.m. Appl. No. 4334'- ESTATE OF CLOTILDA OLIVER. Variance band upon the August 18. . 1995 -Notice offl trtwd from the ; APPEALS BOARD MEMBERS ~gOFFO~,rearn ~ y Southold Town Hall Gerard P. Goehringer, Chairman 2 53095 Main Road - Serge Doyen, Jr. H x P.O. Box 1179 James Dinizio, Jr. O .1c 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 August 10, 1995 9, E. Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4327 Project/ Applicants: Robert and Denise Whelan County Tax Map No. 1000- 123-2-2 Location of Project: 160 Bungalow Lane, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct accessory shed in the side yard area 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, 19901. 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. MC o~OSOFFO(,~~oG JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK cc Z P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS 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 August 10, 1995 TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: August 10, 1995 RE: ZONING APPEAL APPL. NO. 4327 - DENISE A. WHELAN Transmitted herewith is Zoning Appeal App. No. 4327 - DENISE A. WHELAN together with the Notice of Disapproval from the Building Department, the Application for the Building Permit, the Notices to Adjacent Property Owners, the Shore Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of the Dutch Barn, a copy of the dimensions of the barn, and a picture of property where it will be located. Judith T. Terry Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHHOLD, N. Y.`~ ~W.Q... ~rTl'COW f? -....(.fem. x 1, (We) ...Aix- .k!!.'/•EL~'~/~........of Name of Appellant Street and Number T..T.IT.LIB/ N .........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED .....~Y ~'..1 ./..P1.............. WHEREBY THE BUILDING INSPECTOR DENIED TO tloe...~~ Nome of Applicant for permit of ~d0 ~~i.~Cii.~e~lr~..•~!,'tt.?,~'......f.~!¢TT1.7Z(~!E-.:..........1..~~ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY :5i!~.f.¢s BO6/E„~ -¢O Street /Hamlet / Use District on Zoning Map District 1000 Section/Z3Block Z Lot Z _...........__......._.._.._....._.r ....................Current Owner /~i~/,//S~ A• GrILA~J Mop No. Lot No. Prior Owner 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 3y- Section Ac (0 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 (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 .................................Doted REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (f<) A Variance to the Zoning Ordinance is requested for the reason that To zap N~/6,~Bo2S F~crr. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ,Z~f/O 20-7 2. The hardship created is UNIQUE and Is not shared by all properties alike In the Immediate vicinity of this property and in this use district because ~y GAS/! /f /0a*/Nz) /9r~/73CE 7 To i9 G~f/icy v,~ PL AC-6jW 'VT 4 ~/d A,co uC, y i5 /AC-/fe~7 0~ . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because A ~/BSr7A+iTi~L s/~r v/ ~~?vs~d~ir,E! ~~SUST/•~) 7 - A1071-el oar- 70 STATE OF NEW YORK ) ) ss ...w~ COUNTY OF ) Signature Sworn to this .........1 day of............ rka.......................... 19919- Lk eCc ~CMrCP~Lk!!4/ Notary Public LINDA J. COOPER Notary Public, State of Now York No. 4822563, Suffolk County g j Tenn Fxt,ires December 31, 19_ BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO r to the Board of Appeals of the Town of Southold ADJACENT TO: . ~s//~~ PROPERTY OWNER rn~rTiru ; 141Zw Owe //0-4? YOU ARE HEREBY GIVEN NOTICE: That ' e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a arianc (Special Exception) (Special Permit) (Other) [circle choicel ~ 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~ ~it/ ~OGr? 3. That the property whictyig thg_subject of such Petition is located in the following zoning district: 7f lip 0 4 That b~ such Petition, the undersigned will request the foil owin relief: 62,,5 T.~ucT STD.~4GE~ - /M S/' 5. That the provisionsr the Southold Town Zp~ i de applicable to the relief sought by the under- signed are Article Section /y~ [ ] 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) 7d5-1809. 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: 1&1161 Petitioner /,~~L ( J Owners 'Name s: Post Office Address P Cy sip /60 ~/.cC OCrJ T e l. N o. (5/6) OQ8-s770 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS Z 259 950 368 Receipt for Certified Mail No Insurance Coverage Provided Do not use for international Mail 14g (See Reverse) 0 Son Q N/5 Sit t and No. eAee DK// P.0 State J ZIP Co 6 Q Postage $ CO) E Certified Fee.. ) ( . c W Special DeiWery F. to J Restricted Deiivelg Fee • - Return Raoelet Showing 0 to Whom & Dare Delivered f Reurn Racelet Snowing to Whom, Date, and Addressee's Address TOTAL Postage ~a a Fees i J Postmark or Date STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) residing at '/'V0 1//S~~/~LOId ,C/~?~ being duly sworn, deposes and says that on the /0' day of 14116- 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 ; that said Notices were mailed to each Kea"- Sworn ofsaidppeeersssoons by (certified) (registered) mail to before e this ~OX-k ll~~ if_T 9S day of .19 otary Public LINDA J. COOPER Notary Public, State of New York No. 4822563, Suffolk County Q~ Term Fxnt•nc r (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS. TOWN OF SOUTHOLD I the Matter or the Petition of ~~V/S~ ~J NOTICE TO to the Board of Aooeah of the Town of Southold ADJACLNT TO: GN~ PROPERTY OWNER J TavsESE~/ rlI~TT/T~IG,C /?~J //gSZ YOU ARE HEREBY GIVEN NOTICE: 1. That ' e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (!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 property and is des- cribed as follows: 3. That the plctpertywhich is the subject of such Petition is located in the following zoning district: 4 That b~ such Petition, the undersigned will request the following relief: G'ONST,~r/cT STpc',¢6~' SSI~/~ /N S/vim yi4/Z 5. That the provisions o e Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section tG' [ ] 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) 7d5-1809. 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: 1sup77 Petitioner 0wners'Names: Post Offi a Address ~o ~~x s r'o /(GCJ/~i~duJ L9• Allsol, Tel . No. (S/6) Z9e 5770 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS 259 950 193 Receipt for Certified Mail No Insurance Coverage Provided Do not use for international Mail (See Reverse) seN'° A To EsEnl Street and N oo e O P.IJ. Stare and ZIP Lode / J O~~ p Postage $ 3 Z 00 E Certified Fee (l0 d ) o J' W Special Delivery Fee N fL Resrncred Dehverv Fee Rewrn Recese Snowing t d w Whom & Dare Delivered Rewrn Receipt Showing I. Whom. Date, and Addressee's Address TDTAL Ppstage $ L ~•L_ & Fees Postmark or Date STATE OF NEW YORK) ss. COUNTYY~O-,F/SUFFOLK) / /'~S~/9 Cff~i1~GJ residing at /60<1LCJ being duly sworn, deposes and says that on the day of 19 75- 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 } essment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at MR/ IyeA" ; that said Noti were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of dA*6,1 19 Q < Notary Public UNDAJ. COOPER Notary Public. State of New h^ r r<,... York ,6 Tcr l.r yue:°s uceernuCrdt, 19 (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE JNq TO to the Board of Appeals of the Town of Southold ADJACENT To: PROPERTY OWNER -111oN~~~ow ,Cl¢rt/E YOU ARE HEREBY GIVEN NOTICE: 1. That a intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a tfVar-i (Special Exception) (Special Permit) (Other) [circle choicel 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: __~D ~~lt/6~,cor,J~iA?J~ 3. That the property which is the subject of such Petition is located in the following zoning district: 40 4 Thai b~ such Petition, the undersigned will request the following relief: >~Drt/~~~~lGT STO.P~GEE~ ~g /ej sa)ir- 5. That the provisions the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article A/ Section xe_ C/ ) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 76-1809. 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: Z&J Petitioner Owners'Names: /~N~S~/Q- W6 r J Post Office Address ~Bol~ s9D /lo ~,~~zoari~ Tel. No. js/~) Zf~~-5770 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] J PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS Z 259 95? 192 r Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail ISee Reverse) ~ em m ~ ~ 'f Y ,CPS /C° ! Street and No P.0. State ~N~ de /~9Sa CS Postage - $ L Co E certified Fee - ( J 0 Special Delivery Fee !n 0- Resvlded Oeeverv Foe, Rewm Recelo showing to Whom & Date Delivered Return Receipt Sdnwmq to Wnom Date, end Addressee's Address TOTAL Postege & Fees Postmark or Date STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) residing at i/60N69~O~~~xJ~ Al If being duly sworn, deposes and says that on the L day of , 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 /~A7/i:~'Deiie ; that said Noti s were mailed to each of said persons by (certified) (registered) mail. Sworn to fore me this C01i day of n .19 .r, d Qr- C~Qis2]rr~_ Notary Public 11ntpA.! t7O0oFR M1lre~o 1,~.t ..qt York , tJO 4d22l,,63, Suffolk Count Term Expires December 31,19 (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 NOTICE TO to the Board of Appeals of the Town of Southold ADJAC?NT TO: e5;,ZWe25_ ~~4T7 PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That ' 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 choicel ~ 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1~ll~TT/TUC 449" /46-Z, 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That b~ such Petition, the undersigned will request the following relief: 5. That the provisions o he Southold Town Zoin C dq applicable to the relief sought by the under- signed are Article - Section ) [ ] 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. i 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: alGlSi /T~~. i Petitioner Owners'Names: s /S~ 1~ JL//if/ Post Office Add ss ~/o '~ii.?T~coc~ ~.t 6bBoxsF~ Tel. No. (51( ) ZlB7S??0 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS L 259 95D 372 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) nr i Street and P 0 . and ZlP bode C ZC G Posraya m CO) E Certified Fee C) `o LL Speaa Daled,V Fee +I N a Restncred DeLVery Fee Return R.,rdl Sowing m Whom & Data Del I., Rewrr. Recei l Sfiowmy er Whom. Date, and Addrossea's Addicsa 'J TOTAL Po9a111 & Fees Postmark or Date STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) residing at ~lP~ oLti[/!l`/~i OGCJ ~J~ j'u may. being duly sworn, deposes and says that on the /Q day of _,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 7-a h _ that said Notices were mailed to each of said persons by (certified) `registered) mail. Sworn to efore me this day of ~iiLilieiit ZC.- 19 1? '15"'_ Notary Public LINDA J. COOPER Netl r.., -:e,, c, dFiroul, York [i ,,_Zoe,., ZianUiK County Term Expires December 31, 19--1 r (This side does not have to be completed on form transmitted to adjoining property owners.) _ 11.161 0871-Text 12 PROJECT 1.0. NUMBER 61721 SEOR Appendix C State Environmental Ouality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (TO be completed by Applicant or Project sponsor) ~~~~T 1. APPLICANT /SPONSOR 2. PROJECT NAME 7. PROJECT LOCATION: ~Uy~A may- ate' LJJ G~ Munleioallty, iCounty A. PRECISE LOCATION (Street adOfees and road intersections, arofnlflent Isnomaria, ate., or ofowde maul 3. IS PR POSED ACTION: Now ? Excitation ? Modlflcatlonfaltentlon 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAN AFFECTED: Initially acres Ultimately acres -i/ B. WILL PROPOSED P No ION It COMPLY WITH bristly ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? _ ~l/!!Si P~"G•c~~,?i ~iA i~?CF To -40a410-" i.? s14~ 9. WHAT IS PRESENT LINO USE IN VICINITY OF PROJECT? pp.{+Resicentlat L ; Industrial ? commercial ? Agriculture ? ParWFOrestiOrren scats ? Other /Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL(? ? Yea No It yea. list agandy(sl and 0sfmtgacorovals 11. I~GOES ANY ASPECT OF THE ACTT ;.4 HAVE A CURRENTLY VALIO PERMIT OR APPROVAL? 1: Yes ~11 It y60 iist agency name and cermmaocrmal 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ? Yea Nd I CERTIFY THAT THE INFORMATION PROVIDED ABOVE EIIS/TRUE TO THE BEST OF MY KNOWLEDGE APOlitanusponsof name; ~+~V Date.. Signature: If the action is in the Coastal Area, and you are a state agency, complete Ina Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The N.Y.S. Environmental Quality Review Act recuires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) if any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. - (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically-alter more - than 10 acres of land? _Yes :4NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes 4NO 3. Will project alter or have a large effect on an existing body of water? _Yes _(r_\NO 4. Will project have a potentially large impact on groundwater quality? _Yes J6 J No 5. Will project significantly effect drainage flow on adjacent sites? Yes X-No 6. Will project affect any threatened or endangered plant or animal species? _Yes _4110 7. Will project result in a major adverse effect on air quality? _Yes 4-No - 6. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes .416-11O 9. Will project adversely impact.any site or struct- ure of historic, pre-historic, or paleontologiedl importance or any site designated as a critical environmental. area by a local agency? _Yes No - 10. Will project have a major effect on existing or future recreational opportunities? Yes X0 No - 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? -Yes _X_NO _ 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes A( No 13. Will project have any impact an public health or safety? -Yes LNO 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than S percent over.a one-year period or have a major negative effect on the Yes No character of the community or neighborhood? 15. Is there public controversy concerning the project?Q _Yes ENO Preparer's Signature: _ _41ie/~/ Representing:_ ~L~~E ~jr(,/ Dater E8A 4/75 QUESTT_CNNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( ) Yes /QCJ No. (.If Yes. please atl-ACh =Py of "conditions" of Sale.) C. Are there any proposals to change = alter 1.=d c=ntcurs? { ) Yes { No D. 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas s own on the map submitted with this application? Ilt 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? -L_ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N _ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fends which exist and are not shown on the survey map that you are submitting? 4V16 If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ej/Or1lC 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 arcel? A10 If yes, please explain where or submit copies P of d. I. Please list resent use or operations conducted at this Parcel and proposed use 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 6.584 by L.L. No. 6.19841 WETLANDS (Amended 8-26-76 by L.L- No. 2-1976: 3-26- 85 by L L -No. 6-1985): 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 law march cordgtass:=d(ur (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, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of X ew York: and (2) All land immediately adjacent to a "freshwater wet- land-- as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland:" 9705 Z.zs.es APPEALS BOARD MEMBERS SUFF0j tea ~ G,y Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road Serge Doyen, Jr. rn x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?j~! ~.aOt Fax (516) 765-1823 Lydia A. Tortom * Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS:TOWN OF SOUTHOLD ------------------------------------x In the Matter of the Application of DENISE A. WHELAN -------------------------------------x CONFIRMATION OF POSTING I,ni5E_ residing at OC~O~J being duly sworn, depose and say: That on the I day of September, 1995, I personally posted the property known as 11160 Bungalow Lane, Mattituck, NY" by placing the Town's official poster Notice on the front of the house or on a stake (or tree) facing the road where it is easily seen, 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 September 13, 1995.) Dated: September 13, 1995. (signature ) MiEIAME V. BROW Naay Pdit go d Um Yak W 40=2 OuW119d In &d* am" O n bsbn Ei#w od 1p, ~'S