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HomeMy WebLinkAbout4215 APPEALS BOARD MEMBEP, S Gerard P. Goehringer, Chairman Ser~ Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS 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. 4215: Application for GEORGE KRISS. A variance is requested from Article XXIV, Section 100-244B of the Southold Town Zoning Ordinance for permission to construct addition with reduced (southwesterly) sideyard setback, and reduced total sideyards at less than the required 25 ft. Location of Property: 420 Bayer Road, Mattituck, NY; County Tax Map Parcel No. 1000-139-3-21. The subject premises is a substandard lot containing less than 20,000 sq. ft. in area. WHEREAS, a public hearing was held on March 2, 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 parcel of land shown on the Map of Mattituck Heights combined as a single lot to be part of the westerly 40 ft. of Lot #61 and the easterly 25 ft. of Lot #62 for a total land area of 9,750 sq. ft. and street frontage of 65.00 feet; (b) is improved with a two- story single-family, dwelling with a rear deck and front porch areas, all as more particularly shown on the survey prepared for Roy Stakey (predecessor in title) dated December 5, 1983, revised March 5, 1985, showing specific setbacks at 42.6 feet from the front property line and 12.9 feet to the easterly side property line; 2. By this application, appellants have requested a reduction in the total side yard setbacks, when combined, to 22.9 feet: 10 ft. setback proposed from the westerly property Page 2 - Appl. No. 4215 Matter of GEORGE AND PATRICIA KRISS Decision Rendered March 2, 1994 line and 12.9 feet, as exists at the easterly yard. The size of the addition is proposed at 12 ft. by 22 ft., for which the landowners assure will comply with all other setback require- ments - with the exception of the 2.1 ft. total sideyards. 3. The code requirement (enacted in January 1989) for nonconforming parcels having less than 20,000 sq. ft. in this R-40 Zone District is regulated by §100-244 of the Zoning Code for minimum sideyards at 10 feet and 15 feet. The reduction requested is 2.1 feet on the total sideyards. 4. It is the position of the Board Members that the amount of relief requested is not substantial in relation to the requirement, being an actual variation of 2.1 feet for the new addition. No other side yard is being reduced. The addition is proposed for additional living area to accommodate a immediate family member. 5. In considering this application, the Board also finds: (a) there is no valid public purpose which outweighs the applicant's difficulties for a 2.1 ft. variance for the total sideyards; (b) the size of the deviation is de minimus; (c) a substantial change will not be produced in the character of the neighborhood - in fact there appear to be other principal buildings with setbacks at less than that proposed herein in the immediate neighborhood; (d) the difficulty cannot be obviated by some method feasible for the applicant to pursue other than a variance, and to change the entire layout and architecture of the building would necessitate great expenses and substantial building modifications; (e) in view of the manner in which the difficulty arose and the fact that the size and open land area is limited, the interest of justice will be served by allowing the 2.1 ft. total side-yard reduction, to 22.9 feet (instead of 25 feet). (f) the applicant's difficulties are not self-created since the dwelling was built prior to the owner's acquisitin of the property; (g) the difficulties claimed are uniquely related to the layout and general character, shape and size of this parcel and are not person to the landowners; Page 3 - Appt. No. 4215 Matter of GEORGE AND PAIRICIA KRISS Decision Rendered March 2, 1994 (h) in considering all of the above factors, the interests of justice will be served by granting the reduction in the total sideyards, as requested. Accordingly, on motion by Men~er Villa, seconded byMember Wilton, it was RESOLVED, to GRANT the requested reduction of 2.1 feet from the westerly property line for a new extension, with a setback at 10 feet from the westerly property line, and total side yards at not less than 22.9 feet, as requested. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Wilton and Villa. (Member Doyen was absent due to the current major snow storm conditions this evening.) This resolution was duly adopted. lk GERAP~D P. GOEHRINGER, C~RMAN APPEALS BOARD MEMBERS Gerard R C-~hringer, Chairman Ser8~ Doyen, Jr. James Diaizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS To~,, 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 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, MARCH 2t 1994, commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4215 - GEORGE KRISS. A variance is requested from Article XXIV, Section 100-244B of the Southold Town Zoning Ordinance for permission to construct addition with reduced (southwesterly) sideyard setback, and reduced total sideyards at less than the required 25 ft. Location of Property: 420 Bayer Road, Mattituck, NY; County Tax Map Parcel No. 1000-139-3-21. The subject premises is a substandard lot containing less than 20,000 sq. ft. in area. 2. 7:35 p.m. Appl. No. 4216 - LIEB VINEYARDt INC. A variance is requested from Article III, Section 100-33 of the Southold Town Zoning Ordinance for permission to locate swi~ingpool^cabana structures, within a fence enclosure, situated in an area other th~n the required rear yard. Location P~ge 2 - Notice of ngs Southold Town Board of Appeals Regular Meeting of March 2, 1994 of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-84-01-02 (now Lot 94.4). Zone District: A-C. 3. 7:40 p.m. Appl. No. 4217 - THOMAS PULS and DONNA RICCO. A variance is requested from Article III, Section 100-33 for permission to locate swimmingpool with fence enclosure in an area other than the required rear yard. Location of Property: 1350 Eugene's Road, Cutchogue, 1000-97-6-1.2. Zone District: premises is a substandard lot. NY; County Tax Map Parcel No. R-80 Residential. The subject 4. 7:45 p.m. Appl. No. 4218 - JOHN E. STRIPP and JUDITH D. STRIPP. A variance is requested from Article III, Section 100-32 for permission to locate a new principal dwelling structure with a reduced front yard setback. Location of Property: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-7-2-9. Zone District: R-120 Residential. The subject premises is a substandard corner lot fronting on two private roads. 5. 7:50 p.m. Appl. No. 4219 - DIANE HARKOFF. A variance is requested from Article IX, Section 100-92 for permission to construct storage area, replacing walk-in cooler existing in rear yard. This project exceeds the maximum-permitted lot coverage requirement in this·Hamlet-Business (HB) Zone Page 3 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of March 2, 1994 District. Location of Property: 835 First Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-8-15. The subject premises is a substandard lot. 6. 8:00_p.m. Carryover from February 2, 1994 - Continued Hearing of Appl. No. 4213 - IRWIN and AGNES FRICK. Addition with reduced sideyard setback at 1935 Westview Drive, Mattituck, NY; County Tax Map District 1000, Section 107, Block 7, Lot 5. 7. 8:05 p.m. Carryover from February 2, 1994 - Continued Hearing of Appl. No. 4161 - BARBARA KUJAWSKI. Accessory Apartment use at 125 (Town House No.) Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: February 14, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski x Page 3 f~ Regular Meeting o arch 2, 1994 Southold Town Board of Appeals Copies to the following 2/15/94: Times-Review Newspaper (fax transmission) L.I. Traveler-Watchman (fax transmission) Original Posted on Town Clerk Bulletin Board (in Lobby) Copies to: ZBA Members with copies of file documents Building Inspector's Office Planning Board Office Supervisor's Office Town Attorney's Office Applicants or Agents, as follow: Mr. and Mrs. George Kriss, 420 Bayer Road, Mattituck Mr. Garrrett Strang, R.A., Box 1412, Southold Re: Lieb Vineyard, Inc. Mr. Frank Cichanowicz, Briarcliff Landscape, Box 222, Peconic Re: Puls and Ricco Mrs. Diane Harkoff, Box 1269, Mattituck, NY 11952-1269 Stephen L. Ham III, Esq., 45 Hampton Rd, Southampton 11968 Re: John and Judith Stripp Mr. and Mrs. Irwin Frick, 2 Arlington Ct, Miller Place, 11764 Ms. Barbara Kujawski, P.O. Box 1113, Mattituck, NY 11952-1113 Mr. John Kujawski, P.O. Box 123, Laurel, NY 11948 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · . Date ................. ,19 · T? : , ~ :...~..~ ,,~..~ ' 6' '- .' :. PLEASE TAKE NOTIC~ that your app~cation dated 19 ~ r:':"~':~0~t~ ~ ~p ~0. ~000 S~ti0~ .... :~ ~ .... mO¢~ ...... :4. ..... ~t ...~ ....... Subdivision ................. Filed Map No ................. Lot No .................. Du~J~lng ~pecto~ RV 1/80 /~ ~ ' FORM NO. 1 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ~...~.. .......... 19 ~.Y Approved ................. 19... Permit No ......... .~,~. '. , ~ // · ' ........ .............................. ( .i ain ~ ..~: 5~': ,7 ~ APPLiCATiON FOR BUiLDiNG PER~IT INSTRU~IONS ARD OF HEALTH ......... SETS OF PL.~NS .......... SURVEY ................... CIIECK ....... t;O? '[ FY ~ c _ t.t. ..... ~AIL TO: Date February ? 19 94 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 buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drown 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. (Mailing address of applicant) State whether applicant is owner, .lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. O,,m er Name of owner of premises .P.q~ ?.5.e.[.~..C.l:~.n..eT.. (. t.(.r[ :*.s. !..a~.d...O.e.o.r.~ .e..K.r.~. ~.s .......................... (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. Location ofland on which proposed work will be done. 420 Bayer Road, Mattituck, YY 11952 420 Bayer Road Mattituck House Number Street Hamlet .................. 23. County Tax Map No. 1000 Section ....... .1.3. 9. .......Block 3 Lot .. ~b,.l~6~,,. 'o'~ ....... Sub&vmon .......... t.~..~ .He&~ht;$ ............ Filed Map No ............... Lot ........ (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy r e si den t i a 1 r~sldential With a ~' ~- . ..... old lath'er ......... b. Intended use and occupancy ...~ ...... ' ............ :,~.a..,.~.~...~ .:~,~..9.3 year 3. Nature of work (check which a able): New Building ............. Repair .............. Removal .............. Demolition .............. Other Work ......... ~ ~ ~..A_ (Description) 4. Estimated Cost .... ~:. ~-.1..9~ 9.0.0. ............ Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ · If garage, number of cars ....... · ................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... · 0' " · 3.Q:37. 7. Dimensions of existing structures, if any: Front.. 3... 3 ....... Rear ...... Depth ... 2~,.'.3~. ...... Height ............... Number of Stories ............ 2. .................... Dimensions of same structure with alterations or additions: Front .... ~.¢~.'~$.~ ....... 'l~r' i i i ~ i .~i"i i i i i i i i i 24'3" Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front .1~ ' Rear 12 ! I3or~th 24 ' 3" Height ............... Number~of Stories .............. i .............................. ~ ........... 9. Sizeoflot Front ~ ~ .~3. Rear 59 r~,,.,,~, 1~0' 10. Date of Purchase 0..u.~:.. $: .~:5. ....... ......... Name of Former Owner ...... G. 3:. ~ ?.~.~ ~...L.t~.: ......... 1 1. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: .z.o.u$?~..t.0.0.-~2.~.~ ............... 13. Will lot be re,,raded uo · . ~, ............................ Will excess fill be removed from premises: ~ No 14. Name of Owner of premises . . Y~.:L $ s ............ Address .~.2. 9..-3.aX g~. ~.d. ~... Phone No.. ~.9.~': 5--~./4'.,~ .... Nanae of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ 15. Is this property within 300 feet of a tidal wetland? *Yes ........ No..?X:-. ..... · If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. · ** addition will have one bathroom ard one large room to ~ive 93-year olfl father his own quarters, as he ~eeds to come llve with us as his health is failing and he needs our help, but without disrupti~ our household. PL~ASE ~OTE THAT WH~ WE BOUGHT Nhw4 HOUSE IN 1985 ~E WERE TOLD T~wXS SIZE ADDITION ~OULD ?lOT BE A PROBLEM (pre-exIstinE non-conforming lot ) (.bldg. zone ordinance 1966 Sec. 307/stale yards) STAT OF NE .-VOR s s COUNT;6OF ' .... ~-~- ~- t~7-./. -C~.X' .... ~(~ -~.~ .............. being duly sworn, deposes ~d says that he is the applicant (Na~f individual signing contract) above named. (Contractor, agent, corporate officer, etc.) of said owner or owne~, ~d is duly authorized to perfo~ or have perfo~ed the said work ~d to m~e ~d file ~is application; that all statements contained ~ this application are true to the best of his knowledge and belief; and that the work w~l be perfo~ed in the m~ner set forth in the application filed therewith. Sworn to before me this ~ . ......... ¢-. .... Nora, Pub~,':,~~.~~..'. County ~ Publ~ StYe of N~Y~ ............ ; .' ......~ ............... No. 4879~5 ~ ~ ..... O~ applic~t) Ouali~ed in Su~olk Coup. ~mmi~ion E~ires DermiC B. 19 ~ CglVgl - TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR FEB - 9 1994 ~mdibold TOWe,~,/b--- APPEAL NO. DATE Feb. 9, 1994 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. George Kriss A, 420 Bayer Raced I, (We) ........................................ u, ............................................................................ Name of Appellant Street and Number i:atti tuck ...~.~.w,....Y..9..r...k......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ................. .~.../..a. ............ DATED ...F..?..b.r..u...a..r...V.....7..,.....1...9..9..4. .............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) George Krlss Nome of Applicant for permit of 420 Baver Road Mattituck Yew York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to build addition 420 Bayer Road i'~ettltuck 1. LOCATION OF THE PROPERTY .................................................................................................... Street /Hamlet / Use District on Zoning Map District 1000 Section 13~lock~ Lot 21~ _ George Kriss/Patrlcta C.Kriss ................................... ........................ current O~ner Mop No. 1184 o~t~N~. 61/6~°rior Owner Gl~.tar/~takey 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph o~ the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIV Sect1 on 100-244b 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~:) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art, 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (h~not) been mode with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( ) request for a special permit [ ) request for o variance and was made in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~]: A Variance to the Zoning Ordinance ( ) is r, eaue?ed for the reason that in order to build th6 minimum size width addition tha~ ce need in order for George's 93 ve~r old father 'to come live with us ;{~w~ll have a lO. foot sideline, on t~a~. sldD (anO 12.9 on tne oth~T s%de :'~,, seems more caa~ aoeQua~e 1~ relat%0~ co ot~er aomes on our OlOCK, several of ~,,hich closely Abut their ~ei~hbors. I~ oarticular, the Garcia home across the street has a~ 8. ft. sideline oo one side, s~d the Sa~tacroce home has stdelt~es of o~1~? 10 ~rd 14 ft. F~rm ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar~ HARDSHIP because it woul~ not Rive us enough room to out on an adequate~+ sz.ze ~a~mitl~on .for George s 93 year old father (~,rho ~,rants to take a lot/bls priceless l'urnlshtn~s ~¢Ith him that reoutre a lot of space In his new room to put them~ amd because of paco's track record at recuoeratio~, recovery a~d load-life, we expect he'll be arc'md to celebrate ~is 105th birthday · ,'lib us--so we wamt him to be hapo~ ~md comfortable ~,rith us. And without, hi~ earthly oossessloms he wo~'~ agree to come to live with us, and since he's hav!u~ difficulty walki~ (~md dolnM stairs, ?,e are a~xlous to have him llvim~ with us ~s soon as oosslble. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of thisDroperty and in this use district because When we bought the house from Glastar £td. builder. In.-t985 we were told we had e~ou~h room. to.comfort- ably .~ut on a 1-1/2 car sarage ~,,rlth no oroblems beca,~se we were on a nonr~onformln~ lot, but. t~e code has since bee~ 'cha~g~d '~-~d now that' we 'have tb'e money amd the nee5 to build the extemslon, ~.ze are told ~,re need a variaqce to out on a 12 f.aot wide room. Some of the homes'on our block · are located in t. he middle of't~.zo lots, but others are close to each other~ havln2 been built on only one lot that'is only 50 feet wide ~rd 'Rives them -mo room for an addition.. .We have.65 feet in ,~r~dth on our lot,.and the house looks 'incomplete when you look mt the' front, of it. Ail these years it's been waltinE to have a completed 'look to it--and ~qow we want to do ltl 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because other houses on the block have sma].], sidelines ~nd are close to e~ch other', ~nd some are even ~maller sl~eli.nes than what ~,~e're ask~n~ for. Some of these ~re~ Garcla (139-~3-13) 5,05 Bayer - an 8.8 ~,~est side sidelln Santacroce (139-3-1~) 565 Bayer - sidelines of 10 a~d ~4 feet In additio~, a house 2 blocks bver from ours at 265 Freeman (139~3-37) was granted a variance (#4070) on 4/30/91 to out on a garage l~aving an 8 foot sideline. We would have a 10 foot sideline. STATE OF NEW YORK ) ) ss COUNTY or~clrr'-~j''~z-/~ ) ~'~J Signature S,,,or..o .his ............ .............................. Notary Public HELENE D. HORNE Notary Public, State of New York No. 4951364 Qualified in Suffolk County ~-- Commission Expires May'22, 19 OWNER STREET 1{2~ VILLAGE DIST. SUB. FORMER OWNER ~I~V,C+d. N '.-.;~ '~ E ACR. ~ W ~PE OF BUILDING ~ES. ,~/0 SEAS. VL. ,:' FARM COMM. CB. MISC. Mkt. Volue ~N D IMP. TOTAL DATE . REMARKS FAR~ Acre Value Per Valu~ Acre Wood'and Swomp~nd ' FRONTAGE ON WATER .Brushlond (, .. , - FRONTAGE ON ROAD House Plot - Porch M. Bldg. 7-4 ~: '~ o -= '7 '~o ~,7~o/ Foundation Bath Ext~'~ tx, 5o~:7_--(~O I~0' Basement '~u~L.- Floors Extension Ext. Walls ~c{ Interior Finish Extension Fire Place -- Heat Type Roof ~'~,rSL. ~_~ Rooms 1st Floor Recreotion Room Rooms 2nd FIo3r Breezeway Dormer Driveway Garage Patio / ~A~ M~Y 0 ~ I~ ff. 9. ~. ~ ~ PART OF &OTS ~0 61 ~ 6a , "AM~D~O ~P OF ~ATTITUC~ ._..._,. ........ 0..,.0,,.,_,., .... ,,,_.. ...... ,,..,.,, ......... , ~~/ " ~ YOUNG a YOUNG ~o~.~. RIVER~AD, NE~ YORK PUBLIC HEARING BOARD OF ZONING APPEALS Town of Southold March 2, 1994 (7:30 p.m. Hearings Commenced) Present: HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON; Member LAURY DOWD, Town Attorney LINDA KOWALSKI, Clerk-Assistant to Board Absent due to Major Snowstorm: Serge Doyen, Jr., Member Southold Town Board of Appeals March 2. 1994 Regular Meeting APPLICATIONS INDEX PUBLIC HEARINGS March 2. 1994 PaRes No. 4215 - No. 4216,- No. 4217 - No. 4218 - No. 4219 - No. 4213 - No. 4161 - GEORGE KRISS ............ 3- 7 LIEB VINEYARD. INC ........... 8-12 THOMAS PULS and DONNA RICCO ..... 1.3-18 JOHN E. STRIPP and JUDITH D. STRIPP. .19 DIANE HARKOFF .............. 20-22 IRWIN and AGNES FRICK .......... 23-29 BARBARA KUJAWSKI ........... 30 Southold Town Board of ~eals March 2, 1994~ Regular Meeting 7:30 p.m. Appl. No. 4215 - GEORGE KRISS. A variance is requested from Article XXIV, Section 100-244B of. the Southold Town Zoning Ordinance for permission to construct addition with reduced (southwesterly) side yard setback, and reduced total side yards at less than the required 25 ft. Location of Property: 420 Bayer Road, Mattituck, NY; County Tax Map Parcel No. 1000-139-3-21. The subject premises is a substandard lot containing less than 20,000 sq. ft. in area. The Chairman read the Legal Notice of Hearing for the record, and application. THE CHAIRMAN: A copy of the building plans are sketched out; copy of survey for the specific addition requested on that southwesterly side; and the survey provides date of April 3rd, 198L[, with the pending area, which is to be the addition or the proposed addition to the house~ which conforms to the overall width of the house; and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there someone who would like to be heard? Are you Mr. Kriss? MR. KRISS: Yes. THE CHAIRMAN: Oh, how are you? MR. KRISS: How are you, sir? THE CHAIRMAN: I think I was the only gentleman who didn't meet you. MR. KRISS: Okay. May I just bring this to you? THE CHAIRMAN: Surely. MR. KRISS: You requested pictures, so I brought the pictures of the house here. I incorporated my father --This extension is for my dad. He is 93 years old, and no matter when you go to visit him, he is in that chair. You know, and he is Southold Town Board d~ppeals u~ March 2, Regular Meeting just failing to the point now that --He is doing extremely well for himself, and we have tried to get him to come with us for any number of years now; but now he has just come to the point that he needs help; and we need help. So may I? THE CHAIRMAN: Surely. The approximate size of the addition is -- MR. KRISS: It is 22 by 12. Twelve feet is the minimum that we feel that we can get away with. When we talk to some of the contractors and all. they encouraged us to ask for fourteen or something like that. and then you can negotiate; but we are right up front, We need 12 feet for him. He has certain pieces of furniture and things that he has told us. "Listen. if I can't bring these things that are important to me, I am not coming." 50 we have figured it out and we need this 12 feet for him to come. He just cannot take care of- himself anymore. THE CHAIRMAN: I understand. MR. KRISS {continuing): On top of that. a few years ago I had a heart attack, and I am trying to plop both ways. and it has taken a toll on me also, THE CHAIRMAN: Where does he live? MR. KRISS: He lives in Bay Shore. MEMBER DINIZIO: Is this going to be like a living room for him? MR, KRISS: It is one room, there is no plumbing in it or anything-- It is just one room which will be a combination sitting room or living room and a bedroom for him. We already have a bathroom downstairs that he could use. so that is not a problem, The only plumbing we are really going to need in there is heating for the extension. THE CHAIRMAN: And it will be crawl space7 MR, KRISS: Full basement, Southold Town Board ~ppeals 5 March 2, Regular Meeting THE CHAIRMAN: Full basement, good. I don't have any specific questions. Let's see if the other Board members do. Do you have any other questions? Bob? MEMBER VILLA: Is this going to be single-story? MR. KRISS: Yes. There is an overhang -- THE CHAIRMAN: Yes, I have a copy of it right here. MR. KRISS: There is an overhang there; and what. we are goi,ncj to do is just extend this so this will extend the 12 feet from the house now, and it is single story. THE CHAIRMAN: It is going to be the same. size as the first story of the house; you are not extending it out past the cantilever on the back of the house? MR. KRISS: No. No. THE CHAIRMAN: So the back of the house is going to be completely even? MR. KRISS: Yes, that is correct. THE CHAIRMAN: Actually it will probably look very nice. MR. KRISS: Yes, we expect so. We have here, we are putting --The front of the house is not going to come flush with the front here (indicating) so he can have a little sitting space there also, and of course then this will go over the small porch or patio there, whatever you call it. THE CHAIRMAN: Good, wonderful. MR. KRISS: We really need to have him come with us. He needs help. We need help. THE CHAIRMAN: We will all need help to get home tonight (snowstorm). Do you gentlemen have any questions of Mr. Kriss? BOARD MEMBERS: No. ' Southold Town Board ppeals 6 March 2, Regular Meeting MEMBER VILLA: Actually, the Code calls for ten and fifteen, right? So you will have ten, twelve and nine. THE CHAIRMAN: Yeah. MEMBER VILLA: So you only need a skip of two feet. THE CHAIRMAN: I don't know if we will make a decision right now or if we will wait until the end of the meeting. You are welcome to hang around if you'd like. like to. MR. KRISS: If there is a chance that you will make a decision, we'd like to know. Thank you. THE CHAIRMAN: Thank you. Is there anybody else who would like to speak in behalf of this application? (There was no response.) THE CHAIRMAN: Anybody who would like to speak against the application7 (There was no response.) THE CHAIRMAN: Seeing no hands, I make a motion closing the hearing and reserving decision until later. MEMBER VILLA: (~uestion. Why don't we just act on it now? THE CHAIRMAN: Well, the only reason why, was because --I don't know if you wanted to go along with the restrictions --I have no problems with that. The only restriction I have is that the side yards be, you know~ no further restricted. MEMBER VILLA: Ten feet? THE CHAIRMAN: Well, no; we are 12.9 on one side, and we are ten feet on the other, 9.2. These houses are relatively close down there, as we had seen, so that is the reason why. Southold Town Board 3eals 7 MR. KRISS: There are homes in the area that are much closer than the 10 feet. THE CHAIRMAN: That is what I am concerned about, down there for 26 years, and that is why we want to-- I have been a fireman BOARD CLERK: Be restricting to ten feet on that side and 12.9 on the other. twelve-and-a-half, whatever it is. THE CHAIRMAN: Okay. Is that all right with you. Bob? MEMBER VILLA: Yes. THE CHAIRMAN: Do you want to make the motion? MEMBER VILLA: Why not? Yes. (Motion made and seconded; see Clerk's record; ) THE CHAIRMAN: It is done; all we have to do is reduce it to writing. Take probably about a business day. You are going to have to do a permit for the Building Department. MR. KRISS: Then I have to wait for your paper work to come. THE CHAIRMAN: Yes. You can mention it to Mr. Fisher. that it was approved. CLERK-ASSISTANT: I will tell him tomorrow; I will (jive him the list. MR. KRISS: Thank you. THE CHAIRMAN: You are very welcome. Have a lovely evenin(j. MR. KRISS: Thank you. APPEALS BOARD MEMBERS Gerard E Gcehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 18. 199~ Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. George Kriss u,20 Bayer Road Mattituck, NY 11952 Re: Appl. No. 4215 - Variance, Addition with Reduction, in Total Sideyards Dear Mr. and Mrs. Kriss: Please find attached a copy of communication transmitted to our office from the Suffolk County Departmemt of Planning which results from their review in accordance with the Suffolk County Administrative Code for proje~-ts 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 recordkeepincj. Very truly yours, Enclosure Linda Kowalski DEPARTMENT OF' PLANNING COUNTY OF SUFFOLK ROBERT /. GAFFNEY SUFFOLK COUNTY EXECUTIVE March 8, 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 Comission 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. A?plicant(s) Municipal File Number(s) KuJawski, Barbara Kriss, George & Patricia 4161 4215 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehrineer. Chairman Richard. C? Wi]ton Serge Doyen, J'r. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 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 Admir~strative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning CumHssion: XX Variance from the Zoning Code, Article XXIV , SectionlOO-244B __ Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __ Special Permit Appeal No: 4215 Applicant: Location of Affected Land: · County Tax Map Item No.: lO00- Within §00 feet of: GEORGE AND PATRICIA KRISS 420 BAYER ROAD, MATTITUCK, NY 139-3-21 __'Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) County waterway, etc. State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, S~ate 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 addition with reduction in t6tal sideyards from 25 feet to22.9 feet. Copies Dated: of Town file and related documents enclosed March 2, 1994. for your review. APPEALS BOARD MEI~BERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilkon Telephone (516) 765-1809 BOARD OF APPEALS TOVFN OF SOUTHOLD March 7, 1994 Town Hall, 53095 Main Road P.O. Box 1179 ~outhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. George Kriss 420 Bayer Road Mattituck, NY 11952 Re: Appl. No. 4215 - Addition with Reduction in Total Sideyards Dear Mr. and Mrs. Kriss:. Attached is a copy of the Board's recent findings and detemination rendered at our March 2, 1994 Regular Meeting concerning the above application. Please be sure to return to the Building Inspector concerning your building permit application, certificate of occupancy and any other review applicable to this project. Copies of this determination have been forwarded to the Building Department for their update and permanent records. For your information, a copy of your file has been transmitted to the Suffolk County Department of Planning for their review as required by the County Administrative Code concerning variance projects located within 500 feet of waterways. After they have returned their comments to our office, we will in turn forward a copy to you for your file. Very truly yours, Linda Kowalski Enclosures Copies of Decision to: $outhold Town Building Department Suffolk County Department of Planning APPF_A~ BOARD MEMBERS Gerard P. Gcehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD TYPE II ACTION DECLARATIOM Appeal No. 4215 Project/Applicants: George Kriss County Tax Map No. 1000-139-3-21 Location of Project: 420 Bayer Rd., Mattituck, Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 9, 1994 NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition with insufficient sideyards 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; howeve~ - _ ~, ~c~l~n 617.13 of 6 NYCRR. Part 616, and ~ection 8 0113 of the Envlronmental 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 617.13ta) as a~ended February 14, 1990}. Although this action is classified as TlrPe II for this variance application under SEQRA {specifically 617.13, 616.3 , and 617.2(jj)}, this determination s ha_~ ,,Qv= n~ a~ect 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 merabers. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4215 GEORGE AND PATRICIA KRISS DATED: FEBRUARY 9, 1994 Transmitted is application for variance of George and Patricia C. Krlss together Notice to Adjacent Property Owners. Southold Town Building Department Notice of Disapproval,Application for Building Permit.survey indicating changes,Building Department Certificate of Occupancy for present structure. Deed to the present owner. Short Envvironmental Assessment Form. Questionnaire for filing with the ZBA application. ROY ST~HEY ~ART OF LOT~ NO. ~1 ~ ~2, "~MENDED MAP OF MATTITUC~ ~EIGHTS " Jl February 14, 1994 Mr. and Mrs. George Kriss 420 Bayer Road Mattituck, NY 11952 Re: Appl. No. 4215 - Variance for Reduced Sideyards Dear Mr. and Mrs. Kriss: This letter will confirm receipt of the above application and confirm that Appeals Board Members will be individually viewing the site within the next several days. Please stake the proposed addition at the two outside corners (if it has not already been done so) and provide us with photographs of this side yard as exists between your home and the neighbor's closest building (on that particular side). The public hearing on this application will be held at 7:30 p.m. on March 2, 1994 at the Southold Town Hall, and it is recommended that one or both owners be present at the hearing for questions by Board Members and possibly from interested neighbors or other persons. For your information and record, we enclose a copy of the Legal Notice as published by our office in the February 17, 1994 edition of the L.I. Traveler-Watchman, Inc. and Times-Review Newspapers. Very truly yours, Linda Kowalski Enclosure Clerk, Board of Appeals The N.Y.S. Environmental Quality Review Act requires submission of this for~ and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT ?0~ I~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 Assessme~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes ~ XNO 2. Will there be a major change to any unique or unusual land form on the site? Yes X NO 3. Will project alter or have a large effect on an existing body of water? Yes X NO 4. Will project have a potentially large impact on ~ groundwater quality? Yes 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 ~No 7. Will project result in a major adverse effect on air quality? Yes XNo 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 ~ommunity? Yes 9. Will project adversely impact any site or struct- ute of historic, pre-historic, or paleontologi=al importance or any site designated as a critical envircamental area by a local agency? _ Yes XNo 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 XNo 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 community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the ~ charact~ of the community or neighborhood? 15. Is there public controversy concerning the project? Representing: 'ZBA '/~5 -' Date, PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR I 2. PROJECT NAME 3. PROJECT LOCATION; [] New [] Expansion [] M~tflcatlof1/alteraflon 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No tf NO, {~e$¢ribe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] In¢~ustrial [] Commercial [] Agriculture [] Park/ForesuOpen s~ace [] Other 10, DOES ACTION iNVOLVE A PERMIT APPROVAl- OR FUNDING, NOW~OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? / / / 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE I! the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I *(Continued on reverse side) QUESTIC~;AIRE 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.} ' George Kriss and Patr~cla Clan¢~ Kress B. Is the subjec= premises l±s=ed on the real es=a=e marEe= ~or sade or being shown to prospective buyers? { } Yes { A} No. (If Yes, pl~e a~h coI:~3' af "condit~nus" of sale.) C. Are ther~ anY%~rupo~al~ to ~nge~ alter l~d { } Yes {~} NO D. 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map s~bmicted with this application? 3. Is the property bulkhea=ed between the wetlands area and the upland building area? no 4. If your property contains wetlanGs or pond areas, have you contacted the Office of the Town T~ustees for its determination of jurisdiction? no-n/a E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? . n/a (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or which ew~ and are not ~ho%zn =n the survey ma~ that you submitting? no If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? no 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 alsd own other land close to this parcel? no If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel residen~ia~l o.n.e ?amily . propose~ ~se ~m~- · =,~id ~u.~a~ u~=-?~ 1.~ and ~zed glgnauure and Date 3/87, 10/901k § 97-13 WETLANDS § 9%13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sourhold. [Added 6-5~4 by L.L. No. 6-1984] '~VET'J-A2q'DS [Amended 8-26-76 by L.L. No. 2-1975; 3-26- 85~by_,L..L. N~. 6-1985]: A. IIDALWETLANDS: (1) Al1 lands generally covered or intermittently cov- ered with. or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low ride are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to hanks, bogs, salt marsh, swamps, meadows, flats or other Iow lying hnds subject to tidal action; (2) All banks, hogs, 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, t311 cordgrass, high bush. cattails, ground~eL ma.rshrnnHow a~ud law (3) AIl 13-ad immediately ~djacent lo a tidat wettand 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, § 2-1-0107. Subdivisions l(a) to l[d) inclusive. of the Eavironment~l Conservation Law of thc State of New York: and (2} All land immediately adjacent to a "freshwater wet- !and," 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 s.:s.ss FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z.'I.3.4.q4. 5 ......... Date ....... .lV.f.aY..'J..¢ ................... 198.5. THIS CERTIFIES that the building .-.-.Bey. ~l.~'ell.5.r,~ ............................... Location of Property ~..6~ Bay. e.r Road Mattituck ~ou~ ~iol ....................... 's'de~i ....................... County Tax Map No. 1000 Section .... ~ 3.9.. .... Block ...Q3 .......... Lot .... {)~.l .......... Subdivision ...... X. ........... Filed Map No...~. ..... Lot No...X. .......... conforms substantially to the Application for Building Permit heretofore filed in this office dated .... .A.14g~gS.~..q..~ ....... 19.8.q pursuant to which Building Permit No...~ 3.~.~2...Z. .......... dated ....S.e~.~. e..m.b.e.~...25 ........... 19.8.zt:, was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... .... .a The certifichte is issued to GLASTAR INC. (owner,-/e.s~e~r't~-,~&;;';} ...................... of the aforesaid building. Suffolk County Department of Health Approval .q.~.-~S..0.-~.8/4.,. ~../..8~/.8~ ~..S.t.e.~ .h.ep..g..:..C.qs..~.a UNDERWRITERS CERTIFICATE NO ........ ~. 6~2.'q.f14. ...................... , P.E. Rev. 1/81 Btfilding Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Buildin§ Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No..g..1.5.4.2.8. ......... Date November 26 -- , 19 .8.6. THIS CERTIFIES that the building ..... .g.q .c.e.s.s.o..fy ................................ Location of Property 420 BAYER ROAD MATTITUCK -o - h3d~ ',v'o: ....................... *s*~/~i ....................... ~'laralet County Tax Map No. 1000 Section ...1.59 ...... Block ..... 3 ......... Lot....21 .... ' .. Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated Oct. 3 ..................... , 1-9 .8.6. pursuant to which Building Permit No. l~)4Z dated ...Qc..~.~._.9. .................. 19..8.6, was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... .... b.c. qe.s..sp.r.y..~.h.e.d.: ........................... The certificate is issued to GEORGE AND PATRICIA KRISS ..................... ...................... of the aforesaid building. suffolk County Department of Health Approval N/A -. UNDERWRITERS CERTIFICATE NO .............. N/A ................................ Rev. 1/81 Buildip~Inspector DIST. 1000 SEC. 139.00 BLK. 03.00 LOT 021. OOC CONSULT YOUR LAWYER BEFORE SIGNING THIS INS~UMENT--THIS INS~UMENT SHOULD BE USED BY ~ERS ONLY. This Indenture, made the day of J~y nineteen hundred and G~STAR, LTD., a New York Corporation, having its :offic6~ and principal place of business at (No ~) Tuthill's LaAe', Aqmebogue, NY pa~y of the first pa~, and :' GgORGg ~RZSS =esi~i~9 at ~ay Ave~e, East Na~&o~ Re~ Yo=~ ~939 as joi~t tenants ~Lth ~ght o~ survivorship, ~RI~ SECTION ~LOCK LOT Witnesseth, that the pa~y of ~he first part, in consideration of Ten Do ars and other va~able conslderatlo~p~ld by the paAy of the second part, does hereby grant and release unto the paAy of the second pa~, the heirs or successors and assigns of the paAy of the second pa~ forever, AIl that certain plo% piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and 8es~ as ~e ~est ~o~ (~0) ~ o~ ~o~ no. 61 ~ ~e eas~ ~en~-~i~e (25) ~d ~ Wic~ Av~ue, at a ~ncrete ~n~ent, ~g ~ a ~st~ly direction eight (8) f~t; ~ce ~g ~ a northly d~rection 130 feet ~lel wi~ ~e ~ of H~t W. ~e~ ~ ~tav ~y~, ~ ~ ~g~r ~k of ~ng ~e~; ~ce ~g ~ ~ ~s~ly d~on 8 f~t alo~ ~ng of H~t ~e~; ~ce ~g ~ a sourly d~tion ~ong ~e west~ly ~a~ line of H~ W. ~ein 130 f~t ~ a concre~ ~n~t, ~e northly j~on of ~ddl~ ~ ~ Wid~ Av~ue, ~e ~int or place of ~g. ~s ~nvey~ce is'~e ~ ~e r~ ~se of business actual ly ~uct~ by ~ ~tor h~e~. eighty five Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; Together with the appurtenances and all the estate and rig hts of the pa rty of the first part in a nd to said premises; To Have And To Hold the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. And the party of the fir~ pa rt covenants that the party of th e first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. And the oarty of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. In Witness Whereof, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ,... , :~ JUL RECORDED ~, ~erk 0[ Suf~01k Count]. R APPROVAL 1'0 CONSTRUCT LOt 69 plot MARCH S~ 19E,~ dULY 80,198~ JU~. 2 ?, / ¢8a R~VlSED~ APR. 3, 1904 SURVEY FOR ROY STAKEY PART OF LOTS NO. 61 B 62, "AMENOEO MAP OF MATT'IrUCK HE~Gl(TS" AT MATTITUCK TOWN OF ~OUTHOL O SUFFOLK COUNTY~ NEW YORK OATE: OEC.. 5,/983 SCALE: t "-' $0' NO. ~$- 104~ ~t. 400 OSTIMNDER AVENUE ,,p, I~ -~ YOUNG e, YOUNGRIVERHEAO, NEW YORK ~,,~a~=sr/~o/,a~ II ~1 ANOLANOSURVEYORN.Y.S. UCENSE"O. 12845 ' ' II & ~ I ~AaD W. YOUNG, LA"D SUaV[YO" KIlTISC[~OLI(~I~N~[~ [[ · ~ ~J NYS. LICENSE N0.45893 FOR F!LLUG WITH YOUR Z.~.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.) George Kriss and Patrlc%a C]~mcv B. Is the subjecn premises listee on the real esuate marneE ~or sale or being shown to prospective buyers? { } Yes { X} No. [~f Yes, ?]~qe art~b C~py af "condit~nnz" of sale.) C. Are there any pzcposal= tm ~h~nge ~rr alter l~nd c~nncumu? { } Yes {X} No ~ 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submizted with this application? ~o 3. Is the property bulkheaaed between the wetlands area and the upland building area? ~o 4. If your property contains wetianus or pond areas, have you contacted the Office of the Town T~ustces for its determination of jurisdiction? ~o-~/a E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? n/a (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which e~s~ m-nd are not ~h~n crn the survey map that you az~ submitting? no If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~o 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 als~ own other land close to this parcel? mo If yes, please explain where or submit copies of deeds. I. Please list ~resent use or operations conducted at this parcel resiuent~al o~e fa'-'~ily propose~ use~e- ~u.,~[d=~t'~.!~l ~:~- . .~1.~ -- and and 3/87, lO/901k § 97-I3 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES -- The Board of T~ustees of the Town of Sou~hold. [Added fi-5414 by L.L. No. 6-1984] V?ET-L-'~-'~r'DS [Amended 8-26-76 by L.L. No. 2-197[;: 3-26- 85 by_[. I. No. ~1985k A. ~IDAL WETLANDS: (1) All lands ~;eneralI¥ covered or intermittently cov- ered with, or which border on. tidal wamrs, or lands lying' beneat, h 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. bo~-s, salt marsh, swamps, meadows, fiats or other low lying :tzUs subject to tidal action; (2) All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow same or any of the following:, salt. hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, ground.scL mazshmnllow and law 'rnnre_h cordg:ra.~; nnd/l:ir (3) All l:md immediately udjacentto a tidal w~land 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 21. tlc I. § 2-1-0107. Subdivisions l(a) to l(d) [nclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- nd. as defined in Subsection 13(1) and lying with- in seveoty-five (751 feet la.dward of the moat land. ward edge of a "freshwa:,2r wetland." 9705 of ~LThe N.Y.S. Environmental Quality Review ACt requires submission before any action is taken. (a) In order to answer the questions in this short EAF it is assumed project and the likely impacts Of the action. It is not expected that (b) If any question has been answered Yes the project may be sig- (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 t0 acres of land? Yes ~ ~NO 2. Will there be a major change to any unique or unusual land form on the site? Yes X NO 3. Will project alter or have a large effect on an existing body of water? Yes ~No 4. Will project have a potentially large impact on ~ groundwater quality? Yes No 5. Will project significantly effect drainage flow ~ on adjacent sites? Yes XNo 6. Will project affect any threatened or endangered Preparer,s Si~nature:~'~ ~_ Representing: ZBA g/'75 plant or animal species? __Yes XNo 7. Will project result in a major adverse effect on air quality? Yes ~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 ~ommunity? Yes XXNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envirc~mental area by a local agency? Yes ]<No 10. Will project have a major effect on existing Or v future recreational opportunities? , Yes '~____No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes ~No 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? ___Yes ]<No 14. Will project affect the existing com~nunity by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes ~No period o__r have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? Yes ~< No APPEALS BOARD MEMBERS Gerard P. Goehringer, Chainman Char!es Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOWl' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD Appeal No. 4020: Application of KEITH HA~LRIS for a Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct addition to dwelling with an insufficient side yard setback from the westerly property line. Location of Property: 265 Freeman Road, Mattituck, NY; County Tax Map Designation: 1000-139-3-37. WHEREAS, a public hearing was held on April 30, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the northerly side of Freeman Road in the Hamlet of Mattituck, Town of Southold, containing a total lot area of approximately 17,700 sq. ft., and is identified on the Suffolk County Tax Maps as District 1000, Section 139, Block 3, Lot 37. Page 2 - April 30, 1991 Appl. No. 4020 - Keith Harris Southold Town Board of Appeals 2. The subject premises: (a) is improved with a one-story, single-family dwelling structure set back at its closest point 40 feet from the front (southerly) property line; 16 feet from the easterly (side) property line; 30+- feet from the westerly (side) property line, and approximately 76 feet from the northerly (rear) property line; (b) is a nonconforming lot located in the R-40 Zone District. 3. Appellants are requesting permission to construct a 24' wide x 25' deep addition with a proposed setback of six (6') at its closest point and of eight (8') at the opposite (southerly) corner to the property line. 4. Article XXIV, Section 100-244B of the zoning code provides for a setback at not less than 10 feet as a minimum in one side yard, and minimum of 15 feet in the other side yard, for a total of both sides yards at not less than 25 feet. 5. It is the opinion of the Board that although the relief requested for a setback of six feet to the property line is substantial in relation to the requirement, an alternative setback at not less than eight feet (for a reduction from the required 10 feet) is the minimum necessary to affordrelief, and under the circumstances is more appropriate when considering the criteria to be met for area variances. 6. In considering this application, the Board also finds and determines: (a) that the grant of alternative relief will not be adverse to the essential character of the neighborhood; (b) the alternative relief will also not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) the grant of the alternative relief will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) the relief, as alternatively granted, is the minimum necessary to afford relief; (e) the practical difficulties claimed are uniquely related to the land and are not personal in nature; (f) in considering all of the above factors, the interests of justice will be served by denying the variance Page 3 - April 30, 1991 Appl. No. 4020 - Keith Harris Southold Town Board of Appeals requested and granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, to DENY the variance as applied for a proposed setback from the westerly property line at six feet, and to ALTEP~NATIVELY GRANT a reduced setback from the westerly (side) property line at not less than eight(8') feet for a proposed addition to the existing dwelling structure. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN' "80/ / / PECONic COUNTY OF SUFFOLK ~m,,e, SOUTHOLD secure NOTICE OF IRJBLIC BEkRINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of tl~ Town Law and the Code of the Town of Southold, that the following public bearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNES- DAY, MARCH 2, 1994, com- mencing at the times specified below: 1. 7:30 p.m. ApOI. No. 4215 -- GEORGE I(,~flSSl A ~ is w- quested from Article X~lV, Section 100-244B of the Southold Town Zoning Ordinance for permission to construct addition with reduced (southwesterly) sideyard setback, and reduced total sidey~rds at less than the required 25 ft. Location of Property: 420 Bayer Road, Mattituck, NY; County Tax Map Parcel No. 1000- 139-3-21. The subject premises is a substandard lot containing less than 20,000 sq. ft. in ~rea. 2. 7:35 p.m. Appl. No. 4216 -- L1EB VINEYARD, INC. A variance is requested from Article Ill, Section 100-33 of the Southold Town Zoning Ordinance for permission to locate JOHN K. STRIPP mad JUDITH D. STRIPP. A vm4ance b m~pesed ftom Article Ill, Section Ig0-32 for permis- sion to locale a new principal dwelling structure with a reduced front yard set- back. Location of Property: Private Road off East End Road, Fishers STATE OF NE [ORK] ) SS: ~_ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, 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 annexed is a printed copy, has been regular- ly published in said Newspaper once each week for _/ weeks successively, commencing on the~ day of~t'~',b...~lgq4. Island, NY; County Tax Map Parcel// No. 1000-7-2-9. Zone District: R-120 Residential. The subject premises is a substandard comer lot fronting on private roads, 5. 7:50 p.m, Appl. No. 4219 -- DIANE HARKOFF. A variance is requested from Article IX, Section 100-92 for permission to construct storage area, replacing walk-in cooler existing in rear yard. This project ex- ceeds ~he maximum-penni.ed lot cov- erage requirement in this Hamlet- Ota~t Public, State of New Vo~ ~' No. 500,~884 /~/ Principal Clerk Qualified in Suffolk County L~ - ~-=-"~fl Exp~og November 23.1 ,O~ ,/ / / ,,fl:l I / yif. . I c / Business (HB) Zone Disuict. Location of Property: 835 First Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-8-15. The subject premises is a substandard lot. 6. 8:00 p.m. Carryover from February 2, 1994 -- Continued ~ Hearing of AppL No. 4213 -- IRWIN/" and AGNES FRICK. Addition witfi reduced sideyard setback at 1935 Westview Drive, Mattituck, NY; County Tax Map District 1000, Section 107, Block 7. Lot 5. 7. 8:05 p.m. Carryover from February 2, 1994 -- Continued Hearing of AppL No. 4161 -- BAR- BARA KUJAWSKI. Accessory Apartment use at 125 (Town House No.) Sound Avenue, Mat0iuck, NY; County Tax Map Parcel No. 1000-120- 1-2.2. The Board of Appeals will at ~aid time and place bear any and all pe~ons BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC H EARI~I~?Ji~' NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by. the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MARCH 2; 1994, commencing at the times specified below: 1.7:30 p.m. Appl. No. 4215 - GEORGE KRISS. A variances- is requested from Article XXIV, Section 100-244B of the Southold Town Zoning Ordinance for permission to construct addition with reduc- ed (southwesterly) sideyard setback, and reduced total sideyards at less than the re- quired 25 ft. Location of Pro- perty: 420 Bayer Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-139-3-21. The subject premises is a substan- dard lot containing less than 20,000 sq. ft. in area. 2. 7i35 p.m. Appl. No. 4216- LIEB VINEYARD, INC. A variance is requested from Ar- ticle III, Section 100-33 of the Southold Town Zoning O~ dinance for permission to locate swimming pool and cabana structures, within a fence enclosure, situated in an area other than the required rear yard. Location of Proper- ty: 14990 Oregon Road, Cut- chogue, N.Y.; County Tax Map Parcel No. 1000-84-01~}2 (now Lot No. 4.4). Zone District: 3.7:40 p.m. Appl. No. 4217 - THOMAS PULS and DON- NA RICCO. A variance is re- quested from Article III, Sec- tion 100-33 for permission to locate swimming pool with fence enclosure in an area other than the required reart~ yard. Location of Property~ 1350 Eugene's Road, Cut- chogue, NY; County Tax Map Parcel No. 1000-97-6~1.2. Zone District: R-80 Residential. The subject premises is a substan- dard lot. 4. 7:45 p.m. Appl. No. 4218 - JOHN E. STRIPP and JUDITH D. STRIPP.. A variance is requested from Article lII, Section 100-32 for permission to locate a new principal dwelling structure with a reduced front yard set- back. Location of Property: Private Road off East End Road, Fishers Island, NY; County ~x Map Parcel No. 1000-7-2-9. Zone District: ~/~ R-120 Residential. The subjec,~. premises is a substandard coi- ner lot fronting on two private roads. 5.7:50 p.m. Appl. No. 4219 - DIANE HARKOFF. A variance is requested from Ar- ticle IX, Section 100-92 for permission to construct storage area, replacing walk-in cooler existing in rear yard. This project exceeds the maximum-parmitted lot coverage requirement in this Hamlet-Business (HB) Zone District. Location of Proper- ty: 835 First Street, New Suf- folk, NY: County Tax Map Parcel No. 1000-117-8-15. The subject premises is a substan- dard lot. 6. 8:00 p.m. Carryover frofi~ February 2, 1994 - Continued Hearing of Appl. No. 4213 - IRWIN and AGNES FRICK. Addition with reduced sideyard setback at 1935 Westview Drive, Mattituck, NY; County Tax Map District 1000, Section 107, Block 7~ Lot 5. 7. 8:05 p.m. Carryover from February 2, 1994 - Continued Hearing of Appl. No. 4161 - BARBARA KUJAWSKI. Ac- cessory Aprtment use at 125 (Town House Nb.) Sound Avenue, Mattituck, N~: Coun- ty Tax Map Parcel No. 1000-120-1-2.2. The Board of Appeals will .OUNTYOFSUFi',uLK SS: TFATF_ OF NEW YORK Patricia Wood, being duly sworn, says that she is the ~!iditor, of ['HE LONG ISLAND TRAVELER-WATCHMAN, ,t public newspaper printed at Southoid, in Suffolk Counly; and that the notice c)f which the anncxed is a printed COly, ,,. ~,~ ..... ~';e.!~ ..... ~9, . . ~',vm n lc) heh~rc, nit ~his ........... //. ~. ...... day of / Notary Public at said time and place hear any and all 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 request more informa- tion,' please do not hesitate to call 765-1809 or visit our office. Dated: February 14, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX-2/17/94(5) . BARBARA A SCHNEIDER NOTt~RY PUBUC, Sta,.'e o[ h'ew York No 4gOGgrrrG IrED 2 2 Fgg4 BOARD OF APPEALS, TOWN OF $OUTHOI_D In the Matter o[ the Petition of : to the Board of__Appeals of the Town of Southold TO: ~] vL'~er? ZI?t~a¢ o~ --'~,v-~r;¢e YOU ARE HEREBY GIVEN NOTICE: l. That it is the intention of the undersigned to petition the Board of to requesta (VarianceI (Special Exception) (Special Permit) (Ol-he~) [ P ~.~5 .C3~ RECEIPT FOR CERTIFIED MAIL 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: /'--)0 3. T/er ",' ..... ~,,~ , y,o~,~ - tv Ta'c ~u'~'3 ~000~ ~ .,.c, ~ ~ , Bi:: ~ Lot 3. That the property which is the sub~i~ct of such Petition is located in the following zoning district: 4 lbat h~ such Petitioo, the undersigned will request the following relief: : Vsrt ~rlce to 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~tlcle '<(1~¢ ~on !q()-~Li~ [ ] Sectlon 280-A, Ne~ York To~n La~ for approval of access over righC(s)-of-~ayf 6. ~hat within five da~s from the date hereof, a written Petition requesting the relief specified above will befiledin theSouthold Town Clerk's Officeat Main Road Southold, New York and you may then and there examine the same during regular office hours. (5~6) 7~5-~B09. 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: ' ~ ~s ' Names: Post Office Address Tel. No. ( ~c ) vg3-C'h,~ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] i,iary Jarr~ch (~3~-~-22) £r~,Tg n Kolbe (~39-3-~9) J~mes 3. ttcketts ~out _ol. Bldg. Devt. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 500 3~ver !00-0~ Lefferts Dl~a· $. Ozone Far~ Roa~ , P.O. Bo,r 796, $079 .~..rde~l Terrace, Pt. 11952 Park, ?Y 11~20 ~, -v 11953 ,~tt..tuc,,, ,. Charlotte,FL tholi, "v ~1971-l!79 STATE OF NEW YORK ) COUNTY OF SUFFOLK) Geor~e ~ s~ 420 Bayer "-~ ~- ~ -' , residing at ,ia bt% tuck , being duly sworn, deposes and says that on [he __ day of .~b~ , , 19 .9~. ,deponent maiieda 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 r~pective names; that ~he addresses set opposite the names of said persons are ~he addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United Sl~les Post Of- rice at ; tha~ said Notices were mailed to each of said persons by (certified) (¢~K~) mail. Sworn to before me this ('/ Notary Public (£his side does not have to be completed on form transmitted to adjoining property owners. )