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HomeMy WebLinkAbout4207 APPF_ALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEA;.~ TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4207: Application of FRANK HETZER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule), and Article XXIV, Section 100-244B, for permission to locate deck addition along an existing side porch area. A portion of the "as built" deck has an insufficient rear yard setback. The subject parcel contains an area of 13,500+- square feet and is situated in the R-40 Low-Density Residential Zone District. Location of Property: 535 Meadow Lane, Cutchoque, NY; County Tax Map District 1000, Section 116, Block 2, Lot 20. WHEREAS, a public hearing was held on January 12, 1994, at which time those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, the present use and building(s), and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a described parcel of land situated on the westerly side of Meadow Lane at Cutchoque, identified on the Suffolk County Tax Maps as District 1000, Section 116, Block 2, Lot 20; (b) is nonconforming as to total lot area containing a total lot area of approximately 13,000 sq. ft., frontage along Meadow Lane of 140.62 feet, and lot depth of 100 feet. (c) is improved with a single-family, one-story frame dwelling structure set back at 35.1 feet from the front property line to the east, 7 feet from the southerly side property line, and 30 feet from the rear property line {to the foundation of the dwelling}. The dwelling was built during 1972 under PaVe 2 - Appl. No~207 Matter of FRANK HE~ER Decision Rendered January 12, 1994 Southold Town Building Permit No. 5718Z, and the applicant purchased the premises on January 16, 1980. (d) is regulated under §100-244 of the Zoning Code pertaining to lots with less than 20,000 sq. ft. {as enacted in January 1989.} 2. By this application, appellant has requested approval for the "as built" open deck reduction in the northerly yard for a 10 by 12-foot open deck. The extension which protrudes beyond the existing outer side wall of the existing dwelling is shown to be 5 to 5-1/2 feet, leaving a setback at 24-1/2 to 25 feet. 3. The code requirement for the rear yard setback on a nonconforming parcel in this R-40 Zone District is today (and since January 1989) set at 35 feet. The present rear yard of the dwelling, as built in 1972, is 30 feet (which is today also nonconforming). 4. It is the position of the Board that the amount of relief requested for the five foot minimal deck area is not substantial. No other variances for insufficient setbacks are required for this property, as submitted. 5. In considering this application, the Board also finds: (a) there is no valid public purpose which outweighs the applicant's difficulties for a five-foot variance, and the size of the deviation is de minimus; (b) a substantial change will not be produced in the character of the neighborhood; (c) the difficulty cannot be obviated by some method feasible for the applicant to pursue other than another variance; (d) in view of the manner in which the difficulty arose and the fact that additional land area is not available, the interest of justice will be served by allowing the three-foot side yard reduction. (e) the applicant's difficulties may be deemed self-created, but the location of the deck is most feasible as chosen, distantly located away from the adjoining golf course. and the difficulties are uniquely related to the layout and general character, shape and size of this parcel; Page 3 - Appl. N~4207 Matter of FRANK HET~ER Decision Rendered January 12, 1994 (f) in considering all of the above factors, the interests of justice will be served by granting this five-foot (5-1/2 ft.) reduction in the northerly side yard, as requested. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the requested reduction for a setback of not less than 24-1/2 feet in the northerly westerly rear yard area for an "as built" open deck addition to the existing dwelling, SUBJECT TO THE FOLLOWING CONDITION: That the deck remain unroofed (except if re-applied and approved by the Board of Appeals in the future). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa, and Wilton. (Member Doyen was absent due to illness). This resolution was duly adopted by unanimous vote of the members present (4-0). lk APP~'~LS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town / Law and thel~ode 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~ JANUARY 12, 1994, commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4207 - FRANK G. HETZER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule), and Article XXIV, Section 100-244B, for permission to locate deck addition along an existing side porch area. A portion of the~rc~c=c~ deck with a reduced rear yard setback. The subject parcel contains an area of 13,500+- square feet and is situated in the R-40 Low-Density Residential Zone District. Location of Property: 535 Meadow Lane, Cutchogue, NY; County Tax Map District 1000, Section 116, Block 2, Lot 20. 2. 7:35 p.m. Appl. No. 4208 - KIM CAMPBELL. Variance to the Zoning Ordinance~ Article XXIV, Section 100-243 al~pealing Page 2 - Notice of ~arings Southold Town Board of Appeals Regular Meeting of January 12, 1994 the November 30, 1993 Notice of Disapproval for the approval of reconstruction (after demolition) and enlargement of nonconforming {accessory} guest cottage with kitchen. Location of Property: Private Road at East Harbor, Fishers Island, NY; County Tax Map District 1000, Section 4, Block 4, Lot 16. The principal building on this 4.34+- acre parcel is single-family, residential use and is R-120 Zoning. 3. 7:45 p.m. Appl. No. 4209 - PAMELA S. VALENTINE and WILLIAM L. MATASSONI. Variance appealing the December 16, 1993 Notice of Disapproval of the Building Inspector for permission to reconstruct building that is a nonconforming building with a nonconforming use. (This application notes that the subject building has formerly been utilized for three-apartments, although the present use of the building is one-family. The occupancy of the building, if reconstructed, is proposed to remain at one-family.) Location of Property: 1970 Village Lane, Orient, NY; County Tax Map Parcel No. 1000-24-02-24. The subject premises contains a total lot area of approximately 9,500 sq. ft. and is situated in the R-40 Residential 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 matters. Written com~,ents may also be submitted prior to the conclusioD of the subject hearing. Each hearing will not start before the times designated above. If you wish to review Page 3 - Notice of ~rings $outhold Town Board of Appeals Regular Meeting of January 12, 1994 the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: December 29, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x TOWN OF SOUTIIOLD BUILDING DEIb\ RTM ENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date December 6, ........................... 1993 To . .F~a~lt~ C~ NETZER BOX 72 ] CDTCHOGUE, NEW YORK 11935 PLEASE TAKE NOTICE that your application dated NOVEHBER 18, I~ 93 for permit to CONSTRUCT A DECK ADDITION Location of Pro ertv 535 HgADO~ ~ CUTCHOCUE P -h3J ............................... , ~YOHE se iVo. Street ...................... County Tax Map No. I000 Section 116 Block 02 . 20 Ham/er .............. · ...... Lot Subdivision ................. Filed Map No .............. Lot No ................ is returned herewith and disapproved on the followiug grounds ............................... INSUFFICIEN'I' REAR YARD AS SET FORTH IN THE BULK SCHEDULE FOR R-60 ZONE .C..APT. I00 go~tnG .CODE OF THE TO~m OF sotrrnoLl) - ACTION REQUIRED BY THE ZONINC BOARD OF APPEALS. ..... nv 1/8o NIjV I 8 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N,Y. 11971 TEL.: 765-1803 Examined ................ , 19... Approved ................. , ]9 ~., Permit No ............ BOAgD 0F ItEALTII SURVEY · . . SEPTIC FORH ............. CALL .................. flAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ....... ; ........... 19... INSTRUCTIONS a. This application must be con~pletely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 s~.ts 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 st}eets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. . d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate'of Occupancy shall have been granted bY the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of SouthOld, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. .... J,<.. · · . (Signature of applicant, or name, if a corporation) · c7.o;r¢~.o. ~ ~.~..: .~.~..//5'~.4 7 ............. .... (Mailing ffddress of applicant)' ' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ...................... t?..~..e-~ Name of owner of premises Ft~,4~.~. ~. ,~'~y'c~,~-/Y. ~..r~-'~_ ' (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.. L~J,,J,q' .-~.~: ............... Plumber's License No. Electrician's License No ....................... Other Trade's License No. Location of land on which proposed work will be done. . ................................. /.~?.~.~. ...... ' ~uT','d~ ~ tz~- ' Ilouse Number Street Hamlet County Tax Map No. 1000 Section ...//.~ ............ Block . .Z. ' Lot .~.~.4-). ~ P. ........ St bdlvlslon ....... · ............................ . Filed Map No. (Name) .............. Lot ............... State existing use and occupancy of premises and iutended use and occupancy of proposed ~onstruetion: a. Existing Use and occupancy . /~?-~.,,~..~. ~--~-D4~o 0 b. Intended use and occupancy t~...~...~)~.o..E-. · .3. 10. II. 12. 13. 14. 15. property lines. Give street interior or corner lot. ature of work (check wh,ch New Building ......... O~tio~..~... Mteration RepMr .............. Removal ............. Demolition . '. ~.: ......... Other X~ork ............... Estimated Cost ~oo ~ · (Description) (to be paid on filing this application) If dwelling, number of dwelling units .... ~ .......... Number of dwelling units on each floor ................ If garage, number of cars If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... Dimensions of existing structures, if any: Front... ~& ......... Rear . .7~ ......... Depth . Height .... gP. ........ Number of Stories .... ~ ~ ............. ' .......... Dimensions of sime structure with alterations or additions Front 2~ ............ ~' '~'$ 5~'; ........ Depth ...................... ttet~t ........... · ........ ,., Number of Stories .......... . i.. . Dimensions of entire new construction: Front... - · ·/~.'. ' ..: Rear · · · (3 .... ' ............Depth . ~ ..... lteight ... ~ '. ......... Number of Stories ....................... ~ ................................ Size of lot Front ,/~o.~ Rear II ~ Date of Purchase ///~/~ Name of Foyer~ ~. ~ .... ~ ........... Zone or use distr;ct m wh~cli premises are situated.. ~e~. ............ -- ~ ....... Does proposed construction violate any zoning law, ordinance or regulation: . ~.. Will Iot be regraded ~ ' ' ' ........ ~ .................. Will excess fill be r~moved ~om premises: Yes ~ame o~ Arcmt~ct J~ ~ Address ~' ~- -' N~e of Contractor ~. Address ~' Phone No " ' Is th~s property w~thin 300 feet of a t~daZ wetland? ~Yes ........ No.~ ..... ~If yes, SouthoZd Town Trustees Permit may be required. PLOT DIAG~ Locate clearly ~d distinctly ~1 buildings, whether existing or proposed, ~d. indicate ~1 set-back d~ensions fro~ and block number or description accord~g to deed, and show street n~ea and indicate whether STATE OF NEW YORK, COUNTY ?/.C_: ...... s.s ......... ' ' 't~"~'ArS'~': ~ff:~vi ' '~/'~"~ ¢::;' '~''' '~' ''~'~' ....... being duly sworn, deposes and says that he is the applicant (Name ofind~ idual signing contract) above named. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly anthorized to perform or have performed the said work and to make and file this application: that all statements contained in tliis applicatlon are true to the best of his knowledge and belief; and that the work w/Il be performed in the manner set fortli in the application filed therewith. Sworn to before me this .day of. /~Oo.. ', 9/;~. Notary Public, ~'~..(ff ~./. ~./(t~ . .. ..... ............. ttorgRy Pt/Bt lC Slate of No. 52-5934510 . Suffolk Couu[~ / T~m ~pires Ma~ 31, 19~ TOWN OF sOUTHOLD, NEW YORK APPF~\L FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ss:- Name at Appellant Street and Number ................ -~--~..~..~..~.~...~'7.....~..~..: ................................................ ...~.-.'~.?.~ ...... HEP, EBY APPEAL TO Municipality ~5tate ]'HE ZONING 80ARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ........ Name o~ Applicant for permit .............. ....................... ..... Street and Number Municipalit,/ ........ St~r~' ..................... (X)PERMIT TO USE ( ) PERMIT FOR OCCUPANCY LOCAT~OS OP 'mE PROPER~...~.~....~..rc./.~....~..~. ........................................ Street /Hamlet / U~e District on Zoning Mop District 1000 Section//~ Block2 Lot ~ ~ _ ....................................................... curren~ Owner /2-,~ ~../~T_~z~:..~ Mop No. 'Lot No. Prior Owner /,/~ 2. PROVISION (SI 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 /( ~0 :~,~g' c'>/~? /~o 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 Law Chap. 62 Cons. Laws Art. )6 Sec. 280A Subsectign 3 () 4. PREVIOUS APPEAL k previous appeal (has)O been made with respect to this decision 0fthe Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit .. [ ) request for a variance a~d was made in Appea.I No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 (~) A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) REASON FOR APPEAl Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISizIC'F because STATE OF NEW YORK COUNTY OF . ) ........... i ............... Sworn to this day o I~/~~CE M. LI.IClNS YMtl ........ ................ ............... Term · TOWN OF SOUTHOLD PROPERTY RE( CARD t~# ~, _//~ - ~ -~ OWNER STREET ,~. ~" VILLAGE DIST, SUB. FORMER OWNER N E ACR. / _~-~,.,'~-- /%~ Fo~ aa ~/,~o~ Za~ ~&~l /4' RES.~) S~S. VL : FARM COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS ~/~ ~/~ ~ ~ ~dd/ ~/~ AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FAR~ Acre Velue Per Velue Acre Tilleble 1 Tillable 2 Tilleble 3 Woodlend Swempl~nd FRONTAGE ON WATER House Plot DEPTH O ~t( ~ ~ ,~ ~ BULKH~D Tot~l DOCK COLOR M. Bldg. Extension Extension Extension Porch Porch Gorage Patio O.B. ,Total lation ~.~ ~ Bath Floors Sasement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway Ihterior Finish Heat Rooms 1st Floor Rooms 2nd Floor t APPEALS BOARD MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPF~! -q TOWN OF SOUTHOLD January 28, 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Frank G. Hetzer 535 Meadow Lane Cutchogue, NY 11935 Re: Appl. No. 4207 - Deck Addition (Variance) Dear Mr. and Mrs. Hetzer: Please find attached a copy of communications transmitted to our office from the Suf~01k County Department of Planning which results from their review in accordance with the Suffolk County Administrative Code for projects'located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area and its tributaries. You will note that the County has left this project for local (Town) determination. No other steps are necessary on your part. This copy is for your update and recordkeeping. Very truly yours, Linda Kowalski Enclosure DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. (~AFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING January 24, 1994 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Comm~ssion are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Hetzer, Frank 4207 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner H. LEE DENNISON BUILDING VETERANS MEMORIAL HIGHWAY APPEAL~ BOARD MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fsx (516) 765-1823 Telephone (516) 765-1800 January 18, 1994 · Mr. and Mrs. Frank G. Hetzer 535 Meadow Lane Cutchogue, NY 11935-0721 Re: Appl. No. 4207 ~ Variance for Deck Dear Mr. and Mrs. Hetzer: Enclosed please find a copy of the Board's Findings and Determination concerning your recent variance application. Please be sure to return to the Building Department to obtain your necessary building permit (and other approvals which may be applicable). We have furnished the Building Department with a copy of this determination for their permanent recordkeeping. Also, copies of your file have been transmitted to the Suffolk County Department of Planning in accordance with Suffolk County's Administrative Code rules and regulations pertaining to variance projects located within 500 feet of a creek or waterway. Once we have received their written response, we will forward a copy to you for your permanent file. If you have any questions, please feel free to call. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J~. James DinizJo, Jr. Robert A. Villa BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article 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 Ccl~mission: IIIA Variance from the Zoning Code, Article XXIV 100-30.A.3 and , Section 100-24B __Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section __ Special Permit Appeal No: 4207 Applicant: Frank Hetzer Location of Affected Land: 535 Meadow Lane, County Tax Map Item No.: lO00- 116-2-20 Within 500 feet of: 'XX Cutchogue, NY Town or Village Boundary Line 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 existing side p~rch area. locate deck addition along A portion of the "as built" deck has an insufficient rear yard setback. Copies of Town file and related documents enclosed for your Dated: January 18, 1994 review. APPEALS BOARD NiEM_BERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Pie. hard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD January 12, 1994 (7:30 p.m. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Hearings) Present : HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, JR., Member RICHARD C. WILTON, Member ROBERT A. VILLA, Member LINDA KOWALSKI, Secretary-Clerk to Board Absent: SERGE DOYEN, Member (due to illness) INDEX APPL. NO. Applicant Pages 4207 4208 4209 FRANK G. HETZER . . KIM CAMPBELL. PAMELA S. VALENTINE and WILLIAM L. MATASSONI 3-7 (none-adjourned) 8-18 ZBA HEARINGS OF JANUAR , 1994 -3- OF APPEALS APPLICATION NO. 4207 - FRANK G. HETZER. Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3 (Bulk Schedule), and Article XXIV, Section 100-244B for permission to locate deck addition along an existing side porch area. A portion of the proposed deck is proposed with a reduced rear yard setback. The subject parcel contains an area of 13,500+- square feet and is situated in the R-40 Low-Density Residential Zone District. Location of Property: 535 Meadow Lane, Cutchogue, NY; County Tax MaD District 1000, Section 116, Block 2, Lot 20. 7:32 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I ~ave cgpy of a survey produced by Roderick Van Tuyl, P.C., dated January 10, 1980, with a penned-in area of the deck, and I have a copy of the Suffolk County Tax map indicating this and surrounding properties in the area. Are you Mr. Hetzer? Appearance, Frank G. Hetzer, Applicant Pro Se MR. HETZER: I am. THE-CHAIRMAN: How do you do, sir? Is there anything you would like to say for the record? This deck has been there since 1980 or thereabouts? MR. HETZER: Yes, I built the deck a while back. THE CHAIRMAN: Okay. MR. HETZER: I guess comments are proper? THE CHAIRMAN: Sure. MR. HETZER: I also brought some pictures. ZBA Hearings 4 Jan~ 12, 1994 (HEARING, continued: Appl. No. 4207 Hetzer) THE CHAIRMAN: Because I was over a couple times, but it was rather early in the morning. MR. HETZER: Well, now we've got snow (jokingly). I can explain those if you wish. It's a small ten-by-twelve-foot open redwood deck, which was built actually in '81. At that point, very honestly, I wasn't aware that permits were required. The deck is located about 26 feet from the rear property line. I am advised that the requirement is 35 feet, and I would ask you to note --which doesn't show in there-- that the property to the rear of my rear line is a heavily wooded unoccupied lot, which is owned by the estate of Cliff Case, which I, with my neighbor, tried to buy and we were unable to purchase it from them only because they claimed there were too many people involved in the ownership to get clear title; or'anyway, they just didn't want to sell it. The property line to the north would be the North Fork Country Club. In that case, if it is of any help, I am far away from the property line; I think only 10 feet is required on the side. I have actually got about 30 feet over there. I measured that one off. As such a deck, I would call it a customary accessory structure in its location overlooking the golf course. It is really the only practical place for a deck to be located on this particular style of ranch-house. My glasses keep falling off here. Otherwise, we are going to be looking at a neighbor's house or the street or the woods, the woods being on the other side. It is attractive. It is certainly well concealed by yews and laurel shrubs which hide the legs and the open space underneath the deck; and I would say it surely didn't change the neighborhood in any way whatsoever, the character of ZBA Hearings 5 Janu 12, 1994 (Appl. No. 4207 - HETZER HEARING, continued:) the neighborhood, and my neighbors and neighboring golfers only give good comments. MR. CHAIRMAN: Did you hide it behind that porch for any hackers (jokingly). MR. HETZER: Well, we're lucky. We're out of the line of the shot. MR. CHAIRMAN: I'm sorry -- I couldn't resist that. MR. HETZER: You've been there. You've seen it. Anyway, we have had no problems along those lines, thank goodness, and I feel that -- well my opinion is it Shouldn't be a problem here, only because there really is no one to look at it from any ~irection. You don't see it. THE CHAIRMAN: I had trouble finding it the first time I came down, I didn't see it either. And the second time I did. I walked over basically adjacent your property, more on the golf course. As I said, it was sev~n-thirty, eight o'clock on a Sunday morning, and that's when I got a pretty good view of it. MR. HETZER: Exactly. So that's all I have to say. Is there anything else that ~ should be saying-- THE CHAIRMAN: We'll see - do you have any questions, Rich? MEMBER WILTON: Yes. To the east of you there is a hollow. Is that on your property line or on your neighbor's? Your back yard comes flat and then there is a swale there. It's heavily wooded. MR. HETZER: Yes, there is a little swale in there which, I think if you go back years ago --you see there is a pond at the other end of ZBA Hearings 6 12, 1994 (Appl. No. 4207 HETZER HEARING, continued:) that swale-- but it never gets wet in there. But that is in the middle of the lot in back. MEMBER WILTON: So anybody building on that lot would have to keep it even further east. MR. HETZER: Oh, no, I see what you are saying --Excuse me. I think that lot is probably about 125 feet across, and there is a little indentation. I thought that is what you meant by a swale. But I think when the guy built on my property, when he put our property together, I know that --because I am the second owner-- but Bob Othen (phonetic, no spelling supplied record), who lives next to me, told me that they filled, that they brought in some fill. I might also point out to you that whether it was correct at that time I don't know, the house was built in '71-- that there is a distance from the rear property line-- I measured it off, to the rear of my house, which is 30 feet. NOW, I don't know whether the rules were any different as far as distances were concerned back at that time. THE CHAIRMAN: Probably front-yard setback, not too much rear yard orl~ but, as MR. HETzER: As I' said, I think it is supposed to be thirty-five I say, it is thirty. THE CHAIRMAN: Anybody else have any questions of Mr. Hetzer? (There was no response.) THE CHAIRMAN: This is going to remain unroofed, is that correct? MR. HETZER Yes, oh yes. We won't touch it. THE CHAIRMAN (continuing): You are only coming in to legalize it to the variance procedure, is that correct? ~ - ZBA Hearings 7 Janu~ 12, 1994 (APPL. NO. 4207 - HETZER HEARING, continued:) MR. HETZER: Yes; if anything happens further, I will let you guys know. And ladies. THE CHAIRMAN: You don't have any objection to a restriction that it remain unroofed? MR. HETZER: Absolutely not. To be perfectly honest. THE CHAIRMAN: Hearing that, I will offer a resolution approving it as applied for, with a stipulation that it remain unroofed. (Seconded and carried; see Clerk's record.) THE CLERK: Unless they reapply. THE CHAIRMAN: Unless you reapply. Or some subsequent owner reapplies. (See Clerk's Minutes for deliberations and vote record.) MR. HETZER: Thank you very much. THE CHAIRMAN: Have a lovely evening and a safe trip home. ZBA Hearings 8 JanOy 12, 1994 A~PLICATION NO. 4209 - PAMELA S. VALENTINE and WILLIAM L. MATASS~I. Variance appealing the December 16, 1993 Notice of Disappro the ~ permission to reconstruct building tjiat Building Inspector for is a . with a nonconforming use. (This~pplication notes nonconf orm~,n,g building that the sub]Agent building has formerly been utilized~r three apartments, although the pr~sent~ use of the building is one-fa~ly./ The occupancy of the building, if reconstructed, is proposed to rem at one-family. ) Location of Property: 1970 Village Bane, orient, lq'Y; ounty Tax Map Parcel No. 1000-24-02-24. The su~ect premises c s a total lot area of approximately 9,500 sq. ~. and is sit, ted in the R-40 Residential Zone District. ~ / '\p~e d~h e 7:~5 p.m. (The Chairman o hearing and read the Legal Notice and application for the record. ) /~ THE /e a~\Copy of a survey produced by Roderick Van Tuyl, P.C.~ dated and an~.endment o~April 16~ 1993, indicating the two-story frame home t~t is on the testier of the proper~y and the nature of surrounding p/operties in the area. Who would like to be heard first? How are you thi~ evening? Appearance: Pamela Valentine, Applicant Pro Se MS. VALENTINE: Fine. I am Pamela Valentine for t~ose of you who en't seen me yet, and I am one of the owners along with my h~s~and'Bill .... - NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of Ihe Town Law and the Code of the Town of Southoid, thal Ihe following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Soulhold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JANUARY 12,, 1~1, commencing et the limes specified below: 1.7:32 p.m. Appl. No. 4207 -- FRANK G. HETZER. Variance to lhe Zoning Ordinance, Article IliA, Section 100-30A.3 (Bulk Schedule), and Arlicle XXIV~ Seedon 100-2440, for permission to Io~te deck addition along an existing side porch area. A portion of the proposed deck is pro- posed with a reduced rear yard set- back. The subject parcel contains an area of 13.50~= square feet and is situ- ated in the R-40 Low-Density Residential Zone Dis~ct. Location of Property: 535 Meadow Lane, Cutchogue, NY; County Tax Map Dis~ct 1000, Section 116, Block 2, Lot 20. 2. 7:35 p.m. Appl. No. 4208 -- KlM CAMPBELL. Variance to the Zoning Ordinance, Article XXIV, Section 100-243 appealing the November 30, 1993 Nmice of Disap- proval for the approval of recon- struction (after demolition) and en- largement of nonconfonaing (accesso- ry) guest cottage with kitchen. Location of Property: P~vate Road at East Harbor, Fishers Island, NY; Section 4, Block 4, Lot 16. ~ ptln- cipal Imilding on Ibis 4.34:t: acre paxcel is single-family, ~sidenlial use and is · R-120 Zoning. 3. 7:45 p.m, Appl. No. 4209 -- PAMELA S. VALENTINE and WILLIAM L. MATASSONI. Vail- nnce appealing the December 16, 1993 Notice of Disapproval of the Build~ng STATE OF NEW YORK) ) SS: ~of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUtcFOLK T~M~'~, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the nnnexed is a printed copy, has been regular- ly publ~hed in said Newspaper once each week for ~ weeks successively, commencing on the [..~ day of~ 19w. ~.N, AvOLINSKi -- . . ~m to be~re me ~ day o~9 ~ JAN - 7 1994 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 29, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Dear Mr. and Mrs. Hetzer: Enclosed is a copy of the Legal Notice, as published by our office in the Long Island Traveler-Watchman, Inc. and Times-Review, Inc. The Legal Notice outlines a generalized description of the request being made, based upon the building inspector's Notice of Disapproval, and indicating the location of the site, the date, time and place of the public hearing. Please have someone appear at the public hearing who is familiar with the property and its use over the years. The public hearing will not start before the time advertised. You will note that the time between hearings is minimal, however, additional time is available to you for your presentation if needed. In the event you wish to amend your application which would affect the location, setbacks, size, etc. of your project, you should do so prior to the advertisement of the public hearing. For this type of amendment, an application will be required to receive an amended Notice of Disapproval from the Building Inspector to reflect the changes, notice in the same manner as the initial application, and possibly a different filing fee. If the initial application was advertised, a separate advertisement for a new public hearing will be necessary for the amended documents as well. Please feel free to call our office if you have any questions or wish to update/review your file prior to the hearing date. You may add any documentation to support your application that you feel is appropriate. Very truly yours, Linda Kowalski Enclosure Page 4 - Notice of Southold Town Board of Appeals Regular Me,ting of January 12, 1994 Copies of Legal Notice to the following 12/29/93: L.I. Traveler-Watchman, Times-Review Courtesy copy to Newsday Inc. 12/29/93 Original posted on Town Clerk Bulletin Board in Lobby Copies of files to Board Members 12/29/93 To the following 12/30/93: Building Department Individual Files Copies to applicants, as follows: James Volney Righter Architects (re: Campbell) 58 Winter St., Boston, Mass. 02108 Pamela S. Valentine and William t. Matasseni 1970 Village Lane, Orient, NY 11957 Mr. ~nd Mrs. Frank G. Hetzer 535 Meadow Lane, Cutchogue 11935-0721 APPEALS BOARD MEMBERS Gerard P. Goehrineer. Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 December 10, 1993 TYPE II ACTION DECLARATION Appeal No. 4207 Project/Applicants: County Tax Map No. Location of Project: Frank G. Hetzer 1000- 116-2-20 535 Meadow Lane, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Rearyard setback for existing deck addition 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(3), 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 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1197 I Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk December 10, 1993 ZONING APPEAL APPL. NO. 4207 - FRANK & JUNE HETZER Transmitted herewith is ZONING APPEAL APPL. NO. 4207 - FRANK & JUNE HETZER together with the Notice of Disaproval from the Building Department, the Application for a Building Permit, the Application for the Certificate of Occupancy, the Notices to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of the survey map and copies of the proposed deck. Judith T. Terry Southold Town Clerk ROBINS ISLAND R-400 The N.¥.S. Environmental Quality Review Act requires submission of this form, and an environmenta£ review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~ ~NSTRUCTIONS: (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 pro~ect result in a large physica'l change to the project site or physically'alter more than 10 acres of land? Yes ~/NO 2. Will there be a major change to any unique or un~ual land form on the site? __Yes ___/No 3. Will project alter or have a large effect on an.existing body of water? Yes 4. Will project have a potentially large impact on groundwater quality? Yes 5. Will project significantly effect drainage flow on adjacent sites? - Yes 6. Will project affect any threatened or endangered plant or animal species? Yes 7. Will project result in a major adverse effect on air quality? Yes ___i/No 8. 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 ____~No 9. Will project adversely impact any site or struct-' ute of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local.agency? __Yes //No 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes ~/No 11.Will project result in major traffic problems or cause a major effect to existing transportation · systems? ' Yes - o 12. Will project regularly cause objectionable odors, noise, glare, vibration., or electrical disturb- ance as a result of.the.project,s operation? ~Yes ____/No 13. Will project have any impact on public health or safety? 14. Will project affect the existing co~uuunity by directly cauming a grpwth in permanent popula- tion of more than 5 percent OVer a one,year Yes /No period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy concerning the project? Preparer, s Signature'~~ .RepreSenting ZBA 9/.75 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comoleted by Applicant or Project sponsor) 3. PROJECT LO~TIO": ~~ [~ SEQR [] New J~ Exoansion r~ Moalflcatlonlalt e~ation 6. 0ESCfl[EE PROJECT BRIEFLY: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? . - --~Resiclenflal [] Industrial [] Commercial [] Ag,iculture [:::] Park/Fo;est/Ogen si=ace J~Ot~er 10. DOES ACTION INVOLVE A PERI~M'T AP O t, O U O G, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAl. AGENCY (PEDERA[. STATE OR LOGAL~? Yet ~'No if yes, list agency(s) amd petmiuaDptovals DOES ANY A, SPECT OF THE ACT~,~N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I CERTIFY THAT THE INFORMATION PROVIDED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I! the ac~tJon is in the Coastal Area, and you are a stat~, agency, complete the Coastal Assessment Form bolure proceeding with this assessment OVER 1 · (Continued on reverse side) QUESTIO~'~;AIRE FOR FILI~G 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 listea on the real estate market ~or sale · or being shown to prospective bu¥~rs? { } Yes C. Are ther~ ~n~%~rupomalm to =hange ~r alter lznd =~ntou~? { } Yes {~No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3.. Is the property bulkheaeed 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? E, Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /~ (If not applicable, state "N.A.") F. Are there any patios, ~oncrete barriers, bulkheads or fen~_s which ew~t and are not ~hcrwn on the survey map that you submitting? ~ If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? ~/~ If yes, please submit.a copy of your building permit and=map as approved by the Building Department. If none, please state. H. Do you or any co-owner also owh other land close to this parcel? ~ If yes, please ~xplain where or submit copies of deeds. I. Please list present Use or operations conducted at parcel ,/~,~.~.~ and proposed use this Authorized Si~auure 3/87, 10/901k and Date § 9%13 Bo WETL.~NDS § 97-13 TOWN ~ The Town o£ Souchold. TRUSTY. ES -- The Bo~d of T~stees of the To~ of Sou~hoid. [Added ~5~4 by ~L. ~o. 6-1984] ~S [Amended 8-26-76 by ~ No. 2-1976; 3-2S- · ~V ~{DAL WST~NDS: ~ (1) All lands ~ener~lly covered or in~rmi~tenfly cov- ered 'w~th. or which border on. tidal wa~. or lands (2) 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: All banks, bogs. meadows, flats and tidal marsh subject to such tides and upon xvhich grows or grow some or any of the following:, salt hay. black grass, saltworts, sea lavender, t~ll cordgra~s, high bush, cat~.ils, groundsel, m~rshm~l!ow a~d (3) AIl land immediately udjacent to a tidal We~h~nd as defined in Subsection Al'2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: · (1) "Freshwater wetlands' as defined in Article 24. Ti- tle 1, § 24-0~07, Subdivisions l(a) to l(d) ~nelusive, of the Environmental Conservation Law of the State of Ne~v York: and (2) All land immediately adjacent to a "freshwater wet- aa, as defined in Subsection B(i) and lying ~vith- in seventy-five (75) feet landward of the most land- ward edge t ., , o. a fr-~shx~ater wetland_ 9705 z- -~s. s~ Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter OR ink and submitted to the building inspector with the following: for new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00,'Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate of Occupancy - $5.00 over 5 years - $10.00 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 Date .... ~']]~] ~3 ............................. New Construction ........... Old Or Pre-existing Building.~.~.~ Location of Property ....................... ~..'.~ ....... C~f..~. .......... House No. Street Haml'et Onwer or Owners of Property...~f. ~.. 7..~../~.~. M .~.~. ~.~... ~.~. ........................... County Tax Map No 1000, Section .... ~!~ ....... Block. Z .... Lot. ~ o Subdivision .................................... Filed Map ............ Lot .................... .. Permit No ................ Date Of Permit ............ .. . . Applicant ............................. Health Dept. Approval ....................... . .. Underwriters Approval ....................... .. Planning Board Approval ..................... .. . Request for: Temporary Certificate ........... Final Certicate ........... Fee Submitted: COUNTY OF SUI'FOLK STATEOF NEW YORK NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the lbwn 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, JANUARY 12, 1994, commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4207- FRANK G. HETZER. Variance to the Zoning Or- ~. dinance, Article IliA, Section' · 100-30A,3 (Bulk Scbedni~), and Article XXIV,. Section 100-244B, for permission to locate deck addition along an existing side porch area~ A ~,vrtion of the proposed deck is proposed wth a reduced rear yard setback. The subject pm,.J ~untains an area of 13,500± square feet and is situated in the R-40 Low- Density Residential Zone District. Location of Proper- ty: 535 Meadow Lane, Cut- chogue, NY; County 'lax Map District 1000, Section 116, Block 2, Lot 20. 2. 7:35 p.m. AppL No 420S- KIM CAMPBELL. Variance 'o to the Zoning Ordinance, Ar-~ ticle XXIV, Section 100-24~ appealing the November 30, 1993 Notice of Disapproval for the approval of reconsl~uc- tion (after demolition) and enlargement of nonconform- ing (accessory) guest cottage with kitchen. Location of Pro- perty: Private Road at Eazt Harbor, Fishers lsand, NYt County 'Pax Map District 1000, Section 4, Block 4, Lot 16. The principal building on this 4.34+ acre parcel is single-famly, residential use and is R-120 Zoning. 3. 7:45 p.m. Appl. No. 4209- PAMELA S~ VALENTINE AND WiLLIAivl~' L.. 0 .MATASSONI. Variance ap~'~ pealing the December 16, 1993 Notice of Disapproval of the Building Inspector for permis- sion to reconstruct building that is a nonconforming building with a nonconform- ing use. (This application~ notes that the subject building has formerly been utilized for three-apartments, although the present use of the building is one-family. The occupancy of the building, if reconstructed, is proposd to remain at one-family.) Loca- lion of Properly: 1970 Village Lane, Orient, NY; County ~ax Map Parcel No. 1000-24-02-24. The subject ~,o premises contains a total 1o~,,,' area of approximately 9,500 sq. ft. and is situated in the R-40 Residential Zone District. The Board of Appeals will at said time and place hear any and ail persons or represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitted 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 reqnezt more informa- tion, please call 765-1809 or visit our offic~ Dated: December 29, 1993 BY ORDER OF THE t~ ~ SOUTHOLD TOWN/ BOARD OF APPEALg GERARD P. CK)EHRINGER 1X-1/6/94(3) ~,~.~o~ ~j~ ~ Patricia Wood,· being duly sworn, says that she is the Editor, of~ THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; a:~d that the notice of which the annexed is a printed copy, hits heen .published in said Long Island ']'raveler-Watchman once each week for ........................ ./.. weeks Successively, commencing on the ...................... d; y o '1~ . . . .&¢~.--.~ ...... 19 .~, ~'. Sw(~n lo before mc this ..................... day of 19 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of K'.ew York No. 4805346 ~ualified m Su[Iclk County Cgmmissioil Expires ~/3t/~/¥ JAN ! I lgg ! BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it i's the intention of the undersigned to petition the Board of Appeals of the Town of Southotd to request a~]~Special Exception) (Special Permit) (Other) [circle choice) 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: ~-3 '~ /'~:.~.)oc.,.~ ~/~[ C~,T'~/-/~ ~. ~ ~- 3. That the property which is the subi,ec! of such Petition%~ located in the following zoning district: 4 That b~ such Pe6tion, the undersigned will request the following relief: 5. Tha~ the provisions of the Southold Town. Zoning ~de app~cable ~o the relief sought by the under- [ ] -~:~:~,, gSa-R, "~'T ........ ' Town La~ f~approval of acces~' over r~gh~(s)-of-way.' /' 6. Tha~ within five days from the date hereof, a written Petition requesting the relief specified above will be filed in ~he Southold Town Clerk's Office at Main Road Southold, New Yo~k and you may then and ~here examine the same during regular office hours. (5L6) T~5-ZS09. · 7. Tha't before the relief sought may be granted, a public hearing must be held on the matter by the B6ard 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-Matt[tuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. D,~ted:' /~/~/~ . Tel . [Copy of sketch purposes.] or pl an showing proposal to be attached for'convenience NAME PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MJkIL RECEIPTS ADDRE55 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY 8E USED FOR DOMESTIC AND INTERNATIONAL MA~L, DOES NOT PR~OVIDE FOR INSURANCE POSTMASTER Received From: U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY RE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT I PROVIDE FOR iNSURANCE-POSTMASTER U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND NTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From; One iece of ordinary mail addressed to: PS Form 3817, Mar. 1989 'u.s.G.P.O.: 1~92 - 329-823~69~37 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current Affix fee here in stamps or meter postage and STATE.OF NEW YORK COUNTY OF SUFFOLK , ~z~r-c~e~e~ ux; /~/' '/1~$5 ' . being duly sworn, acposes ann says that on the /o day of ~ ' .. ,19 _.,~.~_, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the a%ove-narned 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 5outhold; that said Notices were mailed at the United States Post Of- fice at ~c,T'~.~/~ 6 u -~- ,~f ~ II 5'3 ~'-; that said Notices were mailed to each of said persons by · '(certified) (registered) mail. Sworn to before me this (This· side does not have to be completed on form transmitted to adjoining property owners.)