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APPEALS, BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
SPECIAL MEETING OF JANUARY 27, 1999
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
Appl. No. 4627 — BARRY CHARLES PARCEL 1000-63-7-14
STREET & LOCALITY: 365 Peck Place, Southold
DATE OF PUBLIC HEARING: November 19, 1998; January 21, 1999
FINDINGS OF FACT
PROPERTY FACTS/ DESCRIPTION: The applicant's property is located along the
northerly side of Peck Place, Southold. The property consists of a total area of 23,625 sq.
ft., with 175 ft. frontage along Peck Lane. The lot is referred to as Lot No. 14 on the Map
of Harbor Homes Estates, Sec. One filed July 18, 1969 with the Suffolk County Clerk. The
March 8, 1998 survey prepared by Harold F. Tranchon, Jr., P.C. shows a single-family
under construction, with setbacks approved at 40.2 ft. from the southerly front property
line, 35 ft. from the westerly side property line, is in excess of 35 feet from the easterly side
property line, and 50.3 feet from the rear property line (at its closest points).
BASIS OF APPLICATION: Building Inspector's September 10, 1998 Notice of
Disapproval, which reads as follows: "the proposed addition being located on a non-
conforming lot of approximately 23,625 sq, ft. in an R-40 District is required to have a rear
yard setback of 50 feet, Article XXIV, 100-2448.
AREA VARIANCE RELIEF REOUESTED: Applicant is requesting a 44.3 ft. rear yard
setback for a proposed 20 ft. by 16 ft. open, unroofed deck ('open to the sky'D six feet past
the 50.3 ft. setback of the house. No other reasons for disapproval of a building permit for
the deck addition were noted.
REASONS FOR BOARD ACTION. DESCRIBED BELOW:
(1) The granting of the area variance will not produce an undesirable change
in character of neighborhood or a detriment to nearby properties because the deck addition
would extend only 5.7 feet beyond the existing 50.3 feet of the dwelling.
.Page 2 — Appl. No. 4627
Re: 1000-63-7-24 (Charles)
Decision Rendered 1/27/99
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance because the deck
replaces steps, and will also be utilized as an exit from sliding glass doors.
(3) The requested area variance is not substantial because the amount of relief
requested is 5.7 feet (5 ft. 9+- inches).
(4) There is no evidence that the grant of the variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood or district.
In considering this application, the Board deems this action to be the minimum necessary
and adequate to preserve and protect the character of the neighborhood, and the health,
safety, welfare of the community.
RESOLUTION/ACTION: On motion by Chairman -Member Goehringer, seconded by
Member Collins, it was
RESOLVED, to GRANT the proposed deck, open to the sky, as applied.
VOTE OF THE BOARD: MEMBERS GOEHRINGER, TORTORA, AND COLLINS. (Member
Horning of Fishers Island was absent as previously agreed. Member Dinizio was absent
during the adoption of this determination)-;fllIs SOLUyI9N-gra�,ouly,adopted (3-0).
GERARD P. GOEHRI
63-7-14BChar , For Filing on 1/29/99
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, NOVEMBER 19, 1998
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of
the Town of Southold, the following application will be held for public hearings by the
SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road,
Southold, New York 11971, on THURSDAY, NOVEMBER 19, 1998 at the times noted below (or
as soon thereafter as possible):
6:40 p.m. Appl. No. 4627 — BARRY AND BARBARA CHARLES. This is a
request for a Variance under the Zoning Code, Article XXIV, Section 100-
2446, based upon the Building Inspector's September 10, 1998 Notice of
Disapproval for a reduction in the rear yard setback for a proposed
addition at less than the required 50 ft. Location of Property: 265 Peck
Place, Southold, NY; Parcel ID 1000-63-7-14; also known as Lot 14 on the
Map of Harvest Homes Estates, Section One.
The Board of Appeals will at said time and place hear any and all persons or
representatives desiring to be heard in the above application or desiring to submit written
statements before the end of each hearing. Each hearing will not start earlier than
designated. Files are available for review during regular Town Hall business hours (8-4 p.m.).
If you have questions, please do not hesitate to call 765-1809.
Dated: October 23, 1998. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, NOVEMBER 19, 1998
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of
the Town of Southold, the following application will be held for public hearings by the
SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road,
Southold, New York 11971, on THURSDAY, NOVEMBER 19, 1998 at the times noted below (or
as soon thereafter as possible):
6:40 p.m. Appl. No. 4627 — BARRY AND BARBARA CHARLES. This is a
request for a Variance under the Zoning Code, Article XXIV, Section 100-
2448, based upon the Building Inspector's September 10, 1998 Notice of
Disapproval for a reduction in the rear yard setback for a proposed
addition at less than the required 50 ft. Location of Property: 265 Peck
Place, Southold, NY; Parcel ID 1000-63-7-14; also known as Lot 14 on the
Map of Harvest Homes Estates, Section One.
"rhe Board of Appeals will at said time and place hear any and all persons or
representatives desiring to be heard in the above application or desiring to submit written
statements before the end of each hearing. Each hearing will not start earlier than
designated. Files are available for review during regular Town Hall business hours (8-4 p.m.).
If you have questions, please do not hesitate to call 765-1809.
Dated: October 23, 1998. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
VY.+ 2
18 2 19 Gerek Ave.
West Islip, NY 11795
Dec. 22 1998
Linda,
I believe you mentioned you could have the
enclosed forms notarized.
Thank you and Merry Christmas and Happy New Year !
0.
FORM, N0. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Barry & Barbara Charles
To........................................
---
19GerekAvenue
------------------------
West Islip, New York 11795
........................................
•
it'SEP,
�.. • ��_ '' /
DATE: September- 10: _ 1998`..... ..
PLEASE TARE NOTICE that your application dated ....July 23__._.___- 1998----
for permit to construct -a-deck.addition---------------------------------------- at
Location of Property _....265 .............. Peck Place Southold--_---
House No. Street Hamlet
County Tax Map No. 1000 - Section ... 63..... BLOCK _.......... LOT ..........
Subdivision Filed Map No. .........Lot No. ........
is returned herewith and disapproved on the following grounds the_proposed .addition.being__-
.....
located -on -a -nonconforming _...lot of a_pprozimately 23.,625_ s. ft: , in_ an- rl_ 49. pipl=Ftjc-r_
..._... .. _.. ........_ ..
.-_-.is.required .to .have _a.rear .yard set back of 50'_ --Pursuant .to .Article -XXIV,.Section
..........................................................................
100-244.B.
............................................................................................
----..: /ECT:OR .....------
G INS
RV 1/80
Examined .................. 19....
RM N0. I
SOUTUOLD
DEPARTMENT
HALL
N.Y. 11971
65-1002
AI-4)rovcxl................. .. 19.... Perini t No. .................
Disapprover] a/c.......... .................. I.......
Vey
AOF UEALTil ...............
---3 SETS OF PLANS ...............
--SURVEY ...............
�CIIECR . . . . . . . . . . . . . . . . . . . . . . . . .
SEPTIC FORH ...................
..............................
(1kiilding Inspector)
APPLICATION FOR BUILDING PERMIT
INSTRUCTIONS
NOTIFY • �,
CALL � . ..-.�� r � • ,,
a. This application must be completely filled in by typewriter or in ink and sutmltted to the iuilding inspector wi
3 sets of plans,. accurate plot plan to scale. Fee according to schedule.
b. Plot plan allowing locatioin of lot and of buildings on premises, relationship to adjoining premises br lxMic
streets or areas, aril giving a detailed descriptio: of layout of property Tumt be drawn on the diagram wiitell Is part of
this application.
c. 'lire work covered by this application may not be crnmenced before issuance of Building Permit. ticarnt. Sc+c►c
cl. Upon approval of this appl.icati0o, the Building Inspector wilt issue a building Permit to titre app
permit shall be.kept on the premises available for Inspection. throughout the work.
e. No building shall be occupied or used in wlx)le or in part for any purpose whatever until 'a Certificate of
Occupancy shall have been granted by tine Wilding Inspector.
APPLICN17ICN IS i>CREifY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Wilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
ltr;gul.at ons, for the construction of lx:ildings, additions ,or. alterations, or for removal or demolition, as herein
described. The applicant agrees to comply with all applicable laws, ordinances, buildipg code, housing code, six]regule"iors,iand to admit authorized inspectors oil premises andin buil for necessary ins, tions.
�7....
...... ...................
•Signaure lit, or nage, if a corporal'ion)
.... ..... ..
..................
(Halling address o applicant)
State wi )Ch1`er a Brant is owner, lessee, agent, architect, engineer, general contractor, electrician; pluscber or Wilde{� .. . . . . .. . . . . . . ... . . .... . . . . . . : . .. • .... . .. . , .. .............. . ... . . . . . . .... ... . . . . .
Naof owner of premises y... ••• •••• ••.....•....•...
Now
(as on the tax It or latest deed)
If applicant is a corporation, signature of duly authorized officer.
................................ I........................
(Name and title of corporate officer)
Builders License No . .........................
Plucri)ers License No. .........................
Electricians License No . .....................
Ol'lrer Trade's License No . ..... ...... ..........C��C!,-1 ...
i
J
1. location -of land on wi'iich proposed work will be ckxi.... •� .. ..�......
........................................................... .......................................... ................
1buse t1mber Street I et
r. -
County Tax Ms No. 1000 Section ... ....... lil.ock ...1...... .. iot ............ :.
ty p ..
SuhdivisionAA. 1 ' .. M"..X4�� .... Filed Map No. fir: ,..... IAC ..��.........
(Name) aW , /
2. State existing use and occupancy of presniacKlg intje anc1:of proposed caistructionta. Fxisti.g use and occupancy .. .. ./... ?..'.�Yl....... .....
1). Intended use aril occupancy .............................. 1.7...... .............a ....................
3. Nclture of work (d>eckvAilds alpi ft)a Naw pudding .......... Addition .... Alteration ..........
Itelwir .........�w.. Rraml ............. Der�lition ............ Other Work ..................................
I f(Nacri tion)
II. Estimated Cost •• �7..-.T..•••....••.••. fee .....
•..•..•..•.... .•...........•..........
/ (to be paid.ox1 filing this application)l
5. If chilling, un#1er of &vllhig traits ............ Uxlber of dwelling tmlts ot1 each floor ................
Ifgarage, mA*r of care .:........................ ............
6. 'if. Inkiness, commercial or mixedrocctlpancy, specify nature qnd- e.�x�tent' of eachety of use.........j..i... 1 ....
�. Ulntenslons of existing structures, if any: Front.....` �:"... hear.... Depth 7....4`1......
Ik:iglit .....�r?..f'�.........4. Mxti�er of Stories . P ...... G+�1 / i� .... Y
Dimensions f acme stnucture with al dna or'acklitions: Front .;n,- . ..... Rear .
Depth .. T(6-' ✓........ llelgilt' ../. T'/. I ..... Nunt�er of Stories-.'
.'./ F ...... .... .
8. Muenslona of entire new construction: Front .. V .......... Rear .Xv ......... Depth ..!.�........
Ik:i 1t ......................�,�''' Notber of Stories ✓JJ .. �
9. Size of lot;: Iront ...'"/.?,....G.. ...... Rear ...1.9 ........ %ptlt ...'y.�A j .
IU. Ik:t'e of A1rdlase ...1.`�.. J. ..... Name of Portner C4mier �:✓% � 1/, • .
IL . Zone or use district in %bid% premises are situated .....!: ... , . ,!
L _ %�f
12. Does proposed calstruction violet any zoning lata, ordinance or regulation: Aim
��
13. Will lot be regraded .........: ::....... Will .excess fill be removed from enlsea: YES t
IG. Hanes of Omer of premises.(5.�:�?!' ...... Address .......6 lUX.O.- No.
Name of Ardlitect ................. .1 ............. Address .............................. Ti lone No.
Nome of Contractor ....................
15. Is this property within 300 feet. of a tidal wetland? * YitS .......... No ../. �.....
*1C YIS, same D mm 9Rl ims T' urr MAY w m. AjFRf+S.
PLOT DTAGRAM
Locate clearly and distinctly all buildinga, %+nether existing or proposed, and indicate all set -back dimensions
from property linea. Give street and block nunber or description wording to deed, and show street names anti -indicate
tdredwr interior or corner lot:. VRt:Rnf7 LDI
o �
bCLKrI
' ✓� 6l -o PAR'
Aud /JAIE
t rl
RIX IMM6 1.1o116t G'An. G3 6-
/n� S&L P941K, Pi.,
/!!CD- i
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECIS1011 OF BUILDING It,151'ECTOR
9 /�yl9 1 5
n�aL.9U'J�l
APPEAL 1,10. 7
DATE..............................
TO TI IE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Barbara A. & of ....19 Gerek Ave .:.......................................... `
�Xa.�S....................... ...... �t�
1 (�Vc) �a xyNome of Appellant Strcct and Number r j 773 f
Srj....N:.Y.........HEREBY APPEAL TO
West Islip ...................................
State
Municipality
THE ZONING BOARD OF APPEALS FROM TI IE DECISION OF THE BUII_DlHG INSPECI•nit 011
APPLICATION FOR PERMIT NO . .................................... DATED .....................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Barbara A. &
Bax-r.y ..I .....ahaxa s,s.......................
Marne of Applicant for permit T
of WiY.s ...ZS.1 iP.'...My....1.1795. .............................
....1�..�sxk.. 3IA...R...... State
Street and Number Municipality
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
THE PROPERTY ...2.65...P.e. }c..B.L,.... outhA.J.d..........R AQ .............................
). LOCATION OF Street /llamlet / Use District on Zoning Mop
Barbara A. &
District 1000 Section63 Block 7 Lot .14., Current Owner Barry T. Charles
.._............._............ Lot No.
Prior Owner Anthony Matteoni
Mop No. -
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote ti,e Ordinance.)
Article XXI�L Section 10Q----
3. TYPE OF APPEAL Appeal is made l,erewit'
(X) A VARIANCE to the Zoning Ordinance o;
( ) . A VARIANCE due to lock of access
Art. 16 Sec. 280A Subsection 3
4• PREVIOUS APPEAL A previous appeal (it
of ti,e Building Inspector or witli respect to till
Suci, appeal was ( ) request for a special per
( ) request for a variance
and was made in Appeal 1110 ............................
REASON FOR APPEAL
non Subsection 3
c �r
i'r'k.'
( ) A Variance to Section
(X) A Variance to the Zoning Ordinance
is requested for the reason that I wish to construct a small deck on the rear of
my home. The deck will measure 16ft. x 20 ft�esentThe lrearft.
yarddimension
backwill
protrude six'feet past the house line. The p
is 50.3 feet. The requirement of the code calls for 50 feet, thus the
rear yard set back iftthehde k is constructed will be 40.3 feet, thus
requiring a variance t
e.
Form Z111(Ca„linue on other side)
13
l
REASONS FOR AREA VARIANCE ONLY (to be completed by applicant):
Do not use these standards for "use variance" or "special
exception:" (Also attach sheets if necessary, with signatures.)
1. An undesirable change will NOT be produced in the character of
the neighborhood or a detriment to nearby properties, if granted
BECAUSE:
The requested variance involves the protrusion of six feet
by twenty feet of deck area into my rear yard, leaving a rear yard
set back of forty and three tenths feet.
2. The benefit sought by the applicant CANNOT be achieved by some
method, feasible for the applicant to pursue, other than an area
variance BECAUSE:
The configuration of the house does not permit
the location of a deck at any other point.
3. The amount of relief requested is-not'substantial BECAUSE
It involves only 120 square feet of deck space protruding past the
house line.
4. The variance will NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district
BECAUSE
It involves a small area of deck space to the rear of
an interior lot.
5. Has the alleged difficulty been self-created?
(. ) Yes. It was essentially created when the lots were permit -
x). No. ted in this subdivision to be laid out 175 front x 1.35,
depth.
6. This is the minimum that is necessary and adequate, and at the
same time preserve and protect the character of the neighborhood and
the health, safety and .welfare o e co it .
x o
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
(Applicant)
Agent must attach written consent from owner.
Sworn to before me this Z% day of199
Notary Pudic- - k
zxtlk/form. ,var/temp
TOWN OF SOUTHOLD ®4OPERTY RECORD CARD
IV -2 7
OWNER
STREET ~' ��'.
VILLAGE
DIST. SUB. LOT
FORM R OWNER
P O I
N
-E
ACR.
�S�
_ j.
S
W
TYPE OF BUILDING
RES.
SEAS... (:
+VL.
FARM
COMM. CB. MICS. Mkt..Vatue ` s
LAND
IMP.
TOTAL
DATE
REMARKS
I- c x`70 d
- 1177 7Z- CJ�n I� <'harlPs�a3,�
A,GE
BUILDING CONDITION
NEW
NORMAL
BELOW ABOVE
FARM
Acre
Value Per
Acre
Value
Tillable
FRONTAGE ON WATER
Woodland
FRONTAGE ON ROAD
Meadowland
DEPTH
House Plot
BULKHEAD
Total
DOCK
COLOR
a
M. Bldg.
Extension
Extension
Extension
TRIM
Foundation
Bath
Dinette
Porch
Basement
Floors
K.
Porch
Ext. Walls
Interior Finish
LR.
Breezeway
Fire Place
Heat
DR.
Garage.
Type Roof
Rooms 1st Floor
BR.
Patio
Recreation Room
Rooms 2nd Floor
FIN. B
O. B.
Dormer
Driveway
Total
O ,
-LIST RRE:A 23�, 62S �-�_
C -AR EL 26,-0
VACANT
LOT NUMBER 11
N.69004'00' E
175.00
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S.69°04'00"W.
175.00
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eilit1ng water main —
PECK PLACE °o
Ln
DWELLING - PUBLIC WATER
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I GUARANTEED ONLY TO
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JOB NO. 98 -147 FILE NO. HARVEST HOMES EST.
SURVEYED FOR
LOT N0. 14
MAP OF H'ARVE'ST HOMES ESTATES SEC. ONE
SITUATED AT SOUTHOLD
TOWN OF SOdUTHOLU - SUFFOLK COUNTY N.Y.
SCALE 1" = 40' DATE 3'-30..1998
FILED MAP NO. 5337, DATE 7- 1s3.- 1969
TAX MAP NO. 1000-63- 7- 14 (REF. ONLY). DISK
HAROLD F. TRANCHON 'JR. P.C.
w : L.A;N,D SURVEYOR
1866 WADING RIVER -MANOR RD. WA"DIN.G RIVER,
NEW Y O R K, ' 1 1,792
N.Y. LIG. NO. 048992 516-929-4695
HA LD 'F. "TRANCHON JR. PENN. LIC. NQ,21115-E
21115-E
APPEALS BOARD MEMBERS A.
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
January 29, 1999
Mr. Barry Charles
19 Gerek Avenue
West Islip, NY 11795
Re: Variance Application
Dear Mr. Charles:
d
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
Enclosed please find a copy of the Appeals Board determinations rendered at our
January 27, 1999 Meeting. Copies have been furnished to the Building Department
as an update to their pending application and record. You may wish to contact the
Building Department directly for the permit (765-1802).
Very truly yours,
Gerard P. Goehringer
Chairman
1/29/99 Copy of Decision to:
Building Department
MR. GOEHRINGER
Town of Southold
Zoning Board of Appeals
Gerard P. Goehringer, Chairman
and Members of the Board
Dear Ladies and Gentlemen:
:1
265 Peck
Southold,
December
Place
NY
12th �[EowIE
I
ft
Unfortunately, we are unable to attend the January meeting of the
Board, but we felt it important that you be made aware of some of
the circumstances surrounding our request for a variance.
I make particular reference to the position of Lora Collins, which
if I understand it correctly, is in essence: "Why did you not take
into consideration the construction of a deck and have the architect
configure the floor plan in such a way that a variance would not be
needed?" At first this objection took me by surprise and .I must say
quite frankly,I was not prepared to answer it completely. In the
ensuing weeks I have tried to put myself in the positions of the
Board, and I now see clearly her concerns. However, there exists one
mitigating factor that I neglected to make clear, and that is why I
had hoped to speak to the Board on December 10th.
When we started construction of our home, WE HAD NO INTENTION WHAT -
SO EVER OF BUILDING A DECK. The plans and building permit will bear
this out. We felt that we could step out the door of the den, decend
perhaps a step or two onto the lawn and there have a couple of wooden
chairs from which to enjoy the back yard. At the point where the
siding was being installed, we became aware of the steep drop from
the rear door to the finished grade of the yard. It is four steps,
approximately 37 inches. Since we built this as our retirement home,
we realized that climbing these steps in our later years would not
be advisable. (see attached photo of rear of house.)
I should also point out that being novice home builders, we did not
engage the services of an architect of our own, rather we showed the
builder a "footprint" and he had his architect draw the plans. Thus
as this -problem with the drop to the grade surfaced, we consulted
with the builder who suggested adding a deck. He pointed out that it
would not only solve the situation with the steep drop, but would
enhance the resale value of our home.
The next day by chance, a building inspector, John Bo ;5 (the same
fellow who addressed the board on NOvember t9th) appeared at the job
site. I asked him if a deck could be added to the building permit.
He stated that the plans could be possibly amended for a fee
of $49, or a separate permit for the deck could be applied for
and the fee would be $75. The next day I visited the Town Hall to
inquire about incorporating the deck into the existing building
permit. It was only then that I was made aware that the setback
would require a six foot variance. I applied immediately, paid
the $150 fee and waited from July 22nd to November 19th for the
hearing.
In 1969 when the Planning Board approved our subdivision and the
creation of lots 135 feet in depth, the groundwork was laid for
the current problem. For if you take a 135 ft. deep lot, with a
40 ft. front yard setback, a fifty ft. rear yard setback, this
leaves a balance of forty five feet for the depth of the house.
This would almost certainly require the need for a variance to
add a deck unless one were to build a very small house or put the
deck on the side of the dwelling, both of which scenarios would
prove detrimental to the neighborhood.
We full well realize that a variance is permission to deviate
from an existing law and it is your job to hold such deviations to
a minimum. I believe that what we are asking for is just that, A
MINIMAL SIX FOOT EXCEPTION. If we could have avoided it, rest assured
we would have gladly done so, but as the aforementioned circumstances
unfolded, we found ourselves at a loss to do so.
We do hope you take these factors into account as you make your
final determination. Thank you kindly for your consideration.
Sincerely,
i
CDyia�z�es
-
'C1
cII,�/ Lc
5
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e
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2~ 2110 CCA
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pt r-11;
Mir! 3a' DEEP
ZA Cr 130CfFD Tn NDUS� '/ t4 A to i rcbrA.
Pal.`i GUMSEiL DICK
OFFICE OF
ZONING BOARD OFAPPEALS
53095 Main Road
Southold, NY 11971
(516) 765-1809
fax 765-9064
...................................................................................
October 23, 1998
Re: Chapter 58 — Public Notice Requirements
Hearing Date: Thursday, November 19,1998
Dearr`6 /b/�3 eVp!�e� r/60
For your record and next transmittal step, please find enclosed a copy
of the Legal Notice describing your application. The Legal Notice will be
published by our office in the next issue of the L.I. Traveler Newspaper, the
Town's 1998 official newspaper.
Pursuant to Chapter 58 of the Southold Town Code, formal notice of
your application and hearing must now be sent by you or a representative in
your behalf, by certified mail, return recei t requested, to the all surrounding
property owners together with a copy of a map or sketch describing the
location of new construction or use to be considered. Please send the certified
mail notices by 11/2. Be sure that the owners of vacant property and other
properties surrounding your project (across all streets bordering your land,
and land along all sides of your property to the north, south, east and west)
are notified at the addresses* shown on the current up-to-date assessment
rolls. A copy of Chapter 58 is also enclosed with instructions as required by
the Code.
On or before November 11, 1998, please post the enclosed sign(s) at
10 feet, or closer, on your property and facing the front property line which
borders the street. (If you border more than one street or roadway, a sign is
enclosed for each front yard facing each street.) The sign(s) must remain for
a period of not less than seven (7) days and remain posted throughout the day
of the hearing. Please contact our office if you have not plac4he sign by the
above date.) When the sign(s) have been placed the sign and you have
viewed the sign each day for seven days, please forward the Affidavit of
Posting to our office for the permanent file. (Should you need another sign,
please let us know. Also if you have not placed the sign by November 11,
1998, please contact us. If the posting steps are not followed per Ch. 58, then
Page 2 — 10/23/98
To: Applicant
Re: Ch. 58 Notice Requirements
the hearing may need to be canceled due to faulty notice.)
When the Certified Mailings have been postmarked by the Post Office,
please furnish your Affidavit of Mailing to us with the postmarked receipts as
soon as possible.
Later, after the green signature cards are returned to you by the post
office, please forward them to us. These cards will be part of the proof of
service and attached to your Affidavit of Mailing in your permanent town file.
In the event there is any signature card that was not returned to you, please
confirm the same at the public hearing for update with the Board and for
record purposes. Thank you.
Enclosures
Very truly yours,
Office of the ZBA
*If you know of other addresses for the neighbors, you may also send notice to those
addresses (in addition to the addresses of record with the Town Assessors' Office 765-1937).
2
Delivery List for 11/19 ZBA Hearing Notices:
Building Department Attn: John Boufis, Building Inspector
(Personal Delivery)
Mr. and Mrs. Barry Charles (by hand to Mr. Charles 10/23 by Ik)
Mr. and Mrs. John Holzapfel,
P.O. Box 193, Orient, NY 11957
Mr. and Mrs. Edward Dart
3070 Peconic Lane, Peconic, NY 11958
Also to concerned Ref. Dart Variance:
Ms. Margaret Shakespeare
304 West 89th St.
New York, NY 10024
Suffolk Environmental Consulting (re: Fink & Mortimer)
P.O. Box 2003
Bridgehampton, NY 11932
Patricia C. Moore, Esq. (Re: Aksten and Manago)
Delivered to Mr. Moore's Town Hall Mail Box (as prev. agreed).
Abigail A. Wickham, Esq. (Re: Lieb Cellars)
Main Road
P.O. Box 1424
Mattituck, NY 11952
Shembri Homes, Inc.
P.O. Box 163
Wading River, NY 11792
osEA M b D to Dw 6 1/7C7
1 NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York, concerning this property.
OWNER(S) OFRECORD:
a. RSD i3. G NA R L E'S
DATE OF PUBLIC HEARING:
lqqq
If you have an interest in this project, you are invited to view the Town file(s)
which are available for inspection prior to the day of the hearing during normal
business days between the hours of 8 a.m. and
BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809
REAR
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t .1 1 SOLITUO W- TOWN,
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OUTHED TOWN'P kN BOARD -APPEALS
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10 D:iii. "Ann).' No. -AA49-
........................................
Notary Public
. BARBARA A. SCHNODER
NOTARY PUBLIC, State of New York
No. 4806846
Qualified in Suffolk C?31
Commission Expires /611
1:
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Towyn Zoning Board of Appeals
FROM: Elizabeth A. Neville
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
DATED: September 15, 1998
RE: Zoning Appeal No. 4627 - Barbara A. 8 Barry T. Charles
Transmitted herewith is Zoning Board Of Appeals application 4627 -
Barbara A. & Barry T. Charles - Also included is Notice Of Disapproval
with Building Application attached, copy of Property Record Card,
Applicant Transactional Disclosure Form, ZBA Questionnaire, copies of
survey, copies of plans and photographs.
1
M
QUESTIONNAIRE
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.)
Barry T./ Barbara A. (Wife);Charles Owners
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? { } Yes
{ X) No. (Sf Yes, please attach copy of "condition 11 of sale.)
C. Are there any proposals to mange -or alter lzmd contours?
{ } Yes {X } No
D. 1. Are there any areas which contain wetland grasses? No
2. Are the wetland areas shown on the map submitted with
this application? No
3. Is the property bulkheaded between the wetlands area and
the upland building area? No
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? nT�
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 exist and are not shown on the survey map that you are
submitting? None If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? Yes If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? No If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
Parcel Residential dwelling -one family and
pro d use
01a
Autorized Signature and Date
3/87, 10/901k
APPLICANT
TRANSACTIONAL DISCLOSURH* FORK
he Town of Southold's Code of Ethics prohibibs conflicts
nterest on the pari; of town officers and employees. The
ureose of this form is to provide information which can
lert the town of possible conflicts of interest and allo
t to take whatever action is necessary to avoid same.
YOUR NANE: Barry T Charles k Barbara A f'lharl as ( i fc�_,
(Last name, first name, middle initial, unless
you are applying in the name of someone else or
other entity, such as a company. If so, indicate
the other person's or company's name.) .
NATURE OF APPLICATION: (Check all that apply.).
Tax grievance
Variance x
Change of zone
Approval -of plat
Exemption from plat or official map
Other
(If "Other," name the activity.)
Do you personally (or through your company, 'spouse, sibling,
parent, or child) have a relationship with any officer or
employee of the Town of Southold? "Relationship" includes
by blood, marriage, or business interest. "Business
interest" means a business, including a partnership, in
which the town officer or employee has even a partial
ownership of (or employment by) a corporation in which
the town officer or employee owns more .than 5% of the
shares..
YES. NO X—
If you answered "YES,",complete the balance of this form and
date and sign where indicated.
Name of person employed by the Town of .Southold
Title or position of that person
Describe the relationship between yourself (the applicant)
and the town officer or employee. Either check the
appropriate line A) through D) and/or describe'in the space
provided.
The town officer or employee or his or tier spouse, sibling,
parent, or child is (check all that apply):
A) the owner of greater than 5% of the shares of the
corporate stock of the applicant (when the applicant
is a "corporation);
B) the legal or beneficial owner of any interest in a
noncorporate entity (when the applicant is' not a
corporation);
C) an officer,'director, partner, or employee of the
applicant;.or
D) the actual.applicant.
DESCRIPTION OF RELATIONSIIiP
Subin i t ted t s;91 day of t _ 199 8
Signaturf9
r
P r i n t• name C'"el
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLMNEW YORK
In the Matter of the Application of
Barry & Barbara Charles
(Name of Applicant)
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 6 3 - 7 - 14
_--------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT
OF
POSTING
I, Barry T. Charles residing at 19 Gerek Ave.
West z s 1 i p , , New York, being duly sworn, depose and say that:
On the 22 day of Dec. ,19 9 8 , I personally placed the Town's
official Poster, with the date of hearing and nature of my application, in a secure
position upon my property, located ten (10) feet or closer from the street or right-of-
way - facing the street or facing each street or right-of-way abutting this property;*
and that
I hereby confirm that the Poster has remained in place forseven days prior
to the date of the subject hearing date, which hearin to wasshown to be
y 2i nn
( n ture)
Sworn to before me this
02 �4� day of -3er— , 19
LINDA F. KOWALSKI
Notary Public, State of New Yo*
No. 52-4524771
� ;� S ��� t-�-�" - Qualified in Suffolk County
(Notary Public) Commission Expires Nov. 30, Zcvd
*near the entrance or driveway entrance of my property, as the area most visible to
passersby.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLMNEW YORK
----- -- ---- --------x
Yii the Matter of the Application of
AFFIDAVIT
Barry & Barbara Charles OF
(Names of Applicants) MAILINGS
Parcel ID #1000- 63 - 7 - 14
- ---___ ------- -------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Barry T. Charles residing at 19 Gerek Ave.
west Islip , New York, being duly sworn, depose and say that:
On the 22 day of December I personally mailed at the United
States Post Office in w T. -,i ; ,-,,--,New York, by CERTIFIED MAIL,
s RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in
prepaid envelopes addressed to current owners shown on the current assessment
j roll verified from the official records on file with the ()) Assessors, or () County
Real Property Office , for every property which
abuts and is across a public or private street, or vehicular right-of-way of record,
surrounding the applicant's property.
signature)
Sworn to before me this �% LINDA F. KOW4LSKI
a ��day Of e c �' a �— 19?e e Nary Public, State of New York
No. 52-4524779
Qualified in Suffolk County
Commission Expires Nov. 30, ggZ_ooU
(Notary Public)
PLEASE list, on the back of this Affidai It or on a sheet of paper, the lot numbers next
to the owner names and addresses for which notices were nmileit
y Thank you.
•
r
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLMNEW YORK
----- -- ---- --------x
Yii the Matter of the Application of
AFFIDAVIT
Barry & Barbara Charles OF
(Names of Applicants) MAILINGS
Parcel ID #1000- 63 - 7 - 14
- ---___ ------- -------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Barry T. Charles residing at 19 Gerek Ave.
west Islip , New York, being duly sworn, depose and say that:
On the 22 day of December I personally mailed at the United
States Post Office in w T. -,i ; ,-,,--,New York, by CERTIFIED MAIL,
s RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in
prepaid envelopes addressed to current owners shown on the current assessment
j roll verified from the official records on file with the ()) Assessors, or () County
Real Property Office , for every property which
abuts and is across a public or private street, or vehicular right-of-way of record,
surrounding the applicant's property.
signature)
Sworn to before me this �% LINDA F. KOW4LSKI
a ��day Of e c �' a �— 19?e e Nary Public, State of New York
No. 52-4524779
Qualified in Suffolk County
Commission Expires Nov. 30, ggZ_ooU
(Notary Public)
PLEASE list, on the back of this Affidai It or on a sheet of paper, the lot numbers next
to the owner names and addresses for which notices were nmileit
y Thank you.
North side Muriel Ann Denoia et al
26 Baylis Place
Lynbrook, NY 11563
Lot # 1000-63-7-11
West Side Antone & Eleanor Skwara
Grigonis Path
Southold, NY 11971
Lot # 1000-63-7-13
East Side Mary Lekick
1350 Wells Ave.
Southold, NY 11971
Lot # 1000-63=7-15
South Side
(Accross street)
Karlo & Elsie Lekich
260 Peck Place
Southold, NY 11971
LOt # 1000-70-3-11
Y
-
North side Muriel Ann Denoia et al
26 Baylis Place
Lynbrook, NY 11563
Lot # 1000-63-7-11
West Side Antone & Eleanor Skwara
Grigonis Path
Southold, NY 11971
Lot # 1000-63-7-13
East Side Mary Lekick
1350 Wells Ave.
Southold, NY 11971
Lot # 1000-63=7-15
South Side
(Accross street)
Karlo & Elsie Lekich
260 Peck Place
Southold, NY 11971
LOt # 1000-70-3-11
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York, concerning this property.
OWNER(S) OF RECORD:
13AAA Ckar/dS
DATE OF PUBLIC HEARING:
M%
--mm.
MOM 19
a.•
urs®
P
If you have an interest in this project, you are invited to view the Town file(s)
which are available for inspection prior to the day of the hearing during normal
business days between the hours of 8 a.m. and 4 p.m.
BOARD OF APPEALS •TOWN OF SOUTHOLD o (516) 765-1809
Riono \In 0 N ® tA A s ^ .n► w ,.m —N I
OFFICE OF
ZONING BOARD OF APPEALS
53095 Main Road
Southold, NY 11971
(516) 765-1809 fax 765-9064
2, 1998
Re: Chapter 58 —Public Notice for Thursday, D �' '" Hearing
Dear Applicant:
Please find enclosed a copy of the Legal Notice describing your application. The Notice will
be published in the next issue of the L.I. Traveler Newspaper, the Town's official newspaper
for 1998.
Pursuant :to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your
application and hearing must be mailed and shall include a map or sketch showing the
location of this project with the setbacks and use noted. Send this Notice with the map to
all owners of land (vacant or improved) surrounding yours, including land across any street
or right-of-way that borders your property. Use the current addresses shown on the
assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real
Property Office. If you know of another address for a neighbor, you may want to send the
notice to that address as well.
Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the
post office receipts postmarked. Later, when the green signature cards are returned to you
by the Post Office, please mail or deliver them to us. If any signature card is not returned,
please advise the Board at the hearing.
x.649
You must post the enclosed sign no later than Post the sign facing the street, no
more than 10 feet from your front property line bordering the street. (If you border more
than one street or roadway, a sign is enclosed for the front yard facing each one.) The
sign(s) must remain in place for at least seven (7) days, and if possible, should remain
posted through the day of the hearing. If you need a replacement sign, please contact us.
After the signs have been in place for seven (7) days, please submit your Affidavit of
Posting to us for the permanent file.
If you' do not meet the deadlines stated in this letter, please contact us promptly. It may
be necessary to postpone your hearing if the required steps are not followed.
Thank you for your cooperation.
Very truly yours,
ZBA Office
•
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLMNEW YORK
---------------------------------------x
In the Matter of the Application of
_
Barry & Barbara Charles
(Name of Applicant)
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 63 - 7 - 14
------------ -----------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
Cl
AFFIDAVIT
OF
POSTING
I, Barry T. Charles residing at 19 Gerek Ave.,
West Islip , New York, being duly sworn, depose and say that:
On the 8th day of. November ,19_U, I personally placed the Town's
official Poster, with the date of hearing and nature of my application, in a secure
position upon my property, located ten (10) feet or closer from the street or right-of-
way - facing the street or facing each street or right-of-way abutting this property;*
And that
I hereby confirm that the Poster has
to the date of the subject hearing date, whi(
�A-�q,OC-�ya(es Ibefore me this
( b day of NOV. , 19 9 K
in place for seven days prior
date waLshoWA 0 be ,
re)
NANCY L. SAUMGA ` NEVZ.
NOTARY PUBLIC, STATE OF
COUNTY OF SUFFOLK
R E .. KOl BA5056947
VALID UNTL L MARCH 11,x ..
*near the entrance or driveway entrance of my property, as the area most visible to
passersby.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
----------------------------------------x
I i the Matter of the Application of
AFFIDAVIT
_Barry & Barbara Chari PG OF
(Names of Applicants) MAILINGS
Parcel ID #1000- 63 - 7 - 14.
---------- ---------------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Barry T. Charles residing at 19 Gerek Ave.
West Islip l�Zgs�23�-1
, New York, being duly sworn, depose and say that:
On the 26 day of October ,19 98, I personally mailed at the United
States Post Office in west Islip , New York, by CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in
prepaid envelopes addressed to current owners shown on the current assessment
roll verified from the official records on rile with the (X) Assessors, or () County
Real Property Office for every property which
abuts and is across a public or private street, or vehicular right-of-way of record,
surrounding the applicant's property.
(signature)
Sworn to before me this
y of C) e4- ,199
MARY CAMPO
NOTARY PUBLIC, State7 New York
( Ot ub11C) Qualified in Suffolk County
Commission
Commission Expires F
PLEASE list, on the back of this Afftdai,it or on a sheet of paper, the lot numbers next
to the owner names and addresses for which notices were mailed
Thank you.
i 5
i
North side Muriel Ann Denoia et al
w
_Bay Place
Lynbrook, NY 11563
Lot # 1000-63-7-11
West Side Antone & Eleanor Skwara
Grigonis Path
Southold, NY 11971
Lot # 1000-63-7-13
East Side Mary Lekick
1350 Wells Ave.
Southold, NY 11971
Lot-# 1000-&3-7=15
South Side
(Accross street)
Karlo & Elsie Lekich
260 Peck Place
Southold, NY 11971
LOt # 1000-70-3-11'`
Updated G
- Q
FOR BOARD AND STAFF USE /t/ d,
New Information