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HomeMy WebLinkAbout4282 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OFAPPEALS TOWN OFSOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 DATE OF ACTION: December 7, 1994 APPL. #4282. APPLICANT: JOHN AND DOREEN MAZZAFERRO/CURT W. MEYHOEFER LOCATION OF PROPERTY: 44075 Main Road, Peceuic, NY; COUNTY TAX MAP DISTRICT 1000, SECTION 75, BLOCK 1, LOT 18.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated October 25, 1994: "Attached deck "as built" has insufficient side yard setback." PROVISIONS APPEALED FROM: Article III, Section 100-32. RELIEF REQUESTED: Variable deck addition set back 4'9" from the westerly side property line at the rear of the existing two-story frame dwelling. Deck is raised 16" from ground level mad was constructed under prior policy of the Building Department. MOTION MADE BY: Gerard P. Goehringer, Chair,,mn-Member SECONDED BY: Richard A. Wilton, Member ACTION/RESOLUTION ADOPTED: Granted setback for raised deck 16" from ground level, as built, 4'9" from westerly side property line and south of the existing accessory shed building situated closed to the subject deck area. Deck shall ~emin unroofed and unenclosed open, as built. REASONS/FINDINGS: Deck is built only 16" from ground and appears to have been constructed pursuant to policy of the Building Department under prior zoning code which did not require a permit as "patio construction." Certificates of occupancy were not issued for structures built without bui]dlng permits. The current zoning code requires a building permit for thl, type of deck. Circum- stances are uniquely related to the property and the interpretation of the prior zoning prevision(s) by the buBding inspector(s). Deck also is close to the same setback from this westerly side property line as the e~isting shed which is accessory and located in the rear yard. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dini~.io, Jr., Member Robert A. ViI1R, Member Richard A. Wilton, Member Gerard P. Goehringer, Chalrm~n-Member This resolution was unanimously ado.p~ .~-~ . ,'...-.*v,'.~ AND FILED BY THE SOUTttOLD TOWN CLERK ~'To~vn Clerk, To'~vn of Southo~d APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, 11971, on WEDNESDAY, DECEMBER 7~ 1994~ times specified below: Southold, New York eommeneing at the 1. 7:35 p.m. Appl. No. 4284 - THOMAS & ELIZABETH THOMPSON. Request · for a Variance under Article III, Section 100-33 for permission to locate an accessory garage building in the southerly side yard area, rather than the required rear yard, at premises known as 2890 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in this A-C Agricultural Conservation Zone District containing approximately 41,585 sq. ft. in total lot area. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals. ) 2. 7:40 p.m. Appl. No. 4286 JOEL AND MARGARET LAUBER. Request for a Special Exception under Article III, Section 100-31B(13) for permission to establish Winery Use for the sale of Page 2 - Legal Notice Southold Town Board of Appeals Regular Meeting of December 7, 1994 wine produced from grapes primarily grown on the existing Vineyard where the proposed Road, Southold, NY; 9.6 (combined total: Winery is to be located, to wit: 45470 Main County Tax Map Parcel No. 1000-75-6-9.7 and 30 acres). 3. 7:45 p.m. Appl. No. 4283 - GAIL DESSIMOZ and MICHAEL RACZ. Request for Variances under Article III, Section 100-32 and Section 100-33C, based upon the October 21, 1994 Notice of Disapproval issued by the Building Inspector for permission to: (1) change lot lot resulting in a reduction in the existing lot width on the westerly lot from 208.14 feet to 125 feet (Code requirement is 175 feet in this R-80 Residential Zone District), and (2) if the lot width reduction is approved, to locate accessory pool in the new side yard area to the west of the existing single-family dwelling. Location of Property: Private right-of-way known as Hallock Lane and Private Road #10, which extends off the north side of Sound Avenue, Mattituck, NY (over and along lands of Charles Simmons and Edwards Harbes); County Tax Map Parcels No. 1000-112-1-3 and 4. 4. 7:50 p.m. Appl. No. 4285 - ELBERT E. LUCE~ JR. Request for a Variance under Article III, Section 100-33, based upon the November 7, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct accessory storage building (shed) in an area other than the required rear yard. Location of Property: Private Right-of-way extending 332.51 feet off the Page 3 - Legal Notice Southold Town Board of Appeals Regular Meeting of December 7, 1994 easterly side of Youngs Road, (House #944), Orient, NY; County Tax Map Parcel No. 1000-18-2-14. Subject premises contains a total lot area of 21,188 sq. ft. and is located in an R-80 Residential Zone District. 5. 8:10 p.m. Appeal No. 4282 - CURT W. MEYHOEFER]JOHN and DOREEN MAZZAFERRO. Request for a Variance under Article III, Section 100-32 for approval of deck, as built, with a setback at less than the required fifteen (15) ft. setback from the northerly side property line, at promises known as 43475 Main Road, Peeonic, NY; County Tax Map Parcel No. 1000-75-1-18.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion'of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request move information, please do not hesitate to call 765-1809 or visit our office. Dated: November 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski NO. 3 TOI/N OF SOUTHOLD BUILDING DEPARTHENT SOUTHOLO, N.Y. NOTICE OF DISAPPROVAL To CURT I,~LLIAH ~YItOEFER 43~75 MAIN ROAD ~:'~'";;~ .......... PLEASE TAKE NOTICE that your application dated OCTOBER 7, 94 for permit . ~OR ATTACHED .DECK "AS BUILT" Location of Property 43~75 MAIN ROAD PECONIC, NY House No. Street Hamlet County Tax Hap No. 1000 - Sectiou ..... .75. .... BLOCK . . I LOT 18. ! Subdivision ... .......... - ..... Filed Hap No .......... Lot No is returned herewith and disapproved on the following grounds . ..U~..E.R..A~.TI..C~.. III REQUIRED ................... 'ACTION .............. BY T~ ZONING BOARD OF APPEALS. i"i .... '.i".' . i'' ' "..' "." 'i'.' '.' .............................................. ~ .... . . BUILDING INSPEct'OR DATE: OCTOBKE 25, 1994 !180 "" ;~ TOWN OF SOUTHOLD ;.)! "~ '" L : BU LD NGDEPARTMENT ! ; TOWN HALL " ~-d3G.' ' D_.r':"k J SOUTHOLD, N.Y. 11971 Approved .'lffill~i~;~w.. ....... 19 ....Perm' . ..... ...... //~ (Building Inspector) /' [.ICATION FOR BUILDING PERMIT ClIECK SEPTIC POR~I .............. CALL ................... MAIL TO: INSTRUCTIONS a. This application must be completely filled in by Wpewriter or in inl( and submitted to the Building Inspector, with 3 ;ets 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 )r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- :ation. 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 ;hail 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 ;hall 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 bui,, g ............. ............ ;i ...... (Signature of applicam~.~r .;~n'Z~'~;'c~;l~or t'o.) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. N am~of owner of pre m is es..~. ?-.. ~ .~t.. ~, ,~.'-'/~ ,~..d .~q.~ ./~--.~-~..~.. ...................................... (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 ...................... YZ Location of land on which proposed work will be done ............................................ . .............. , .............. . ............ House Number Street Hamlet County Tax Map No. 1000 Section . .Z~.~.'-- ........... Block .....--~/. ........... Lot Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .L~.. ................................ ;. · ·:...':.:: ..... :. ,...; .. ......... b. intended use and occupancy..~...~o..~ .~.~ t~K".~.~r..~. ~...7~'.' ' ~epa. u Removal Demolition .......................................... Other Work ........... (Description) 4. Estimated Cost ......... : ...... 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 ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ........ ' ......... Rear .................. Depth ...................... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ........................................................ 9. Size of lot: Front ...................... Rear ..... Depth I0. Date of Purchase ....................................... .................... ......... Name of Former Owner .................. 11. Zone or use district in wliich premises are situated .......................................... 12. D°es proposed construction violate 'any zoning law, ordinance or regulation: ................................ 13. Will lot beregraded.............. .............. Will excess fill be removed from premises: Yes No 14. Name of Owner of premises .................... Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor ........................... Address ..... ; ............. Phone No ................ 15. Is this property within 300 feet of a tidal wetland? *Yes ........ No ......... *If yes, Southold Town Trustees Permit may 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 coruer lot. 5TATE OF NE~ORk'-'~_ [ J,~ o ,~ :OUNT .OF.. .CCUy .. (Name of individual signing contract) ~bove named. teisthe. ~~ f (Contractor, agent, corporate officer, etc.) ~f said owner or owners, ~d is duly authorized to perform or have perfo~ed the said work and to m~e ~d file this :pplication; that ~ ~tatements contained ~ this application are tru~ to the best of his knowledge and belief; and that the york will be perfomed in the m~ner set forth in the application filed therewith. ~wom to before me thisc . .......... , ....... ~ in S~ak CounW SouthoJd Town CJerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .......... Y' TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~OR F-.F~ A~JD 1, (We) ..... g.o..b ~...P.....H~.~ ~.a £.ar r.o ................... of .... ~...o...~...i.~.~...g.gA~b9 ~-..~-~.-'''119.21 Name of Appellant Street and Number Sou~hold ....... .~. ............... HEREBY APPel TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPE~OR ON APPLICATION FOR PERMIT NO .................... ~ ................ DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ~ ( ) ( ) Name of Applicant for permit of ........ ...... ........................................................... '~;~i'~ii~ .............State Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION Of THE PROPERTY ~..t~...M...a..z.,.n.....~..°...a.~x--S..°.-u,..t.,D.Q.,L.~ ........... fJ'".'~' ...................... .... Street /Hamlet / Use District on Zoning Map District 1000 Section 75B10ck 1 Lot 18.~ ~ John and Doreen Mazzaferro ....... . ......................... ..r~urrenl: Owner Mop No. ' ........ Lot No. Prior Owner Hope Meyhoefer & Curt Meyhoefer 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Parnqraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article zzz Section i00-3J, 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 lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~:) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeat was ( ) request for a speciaJ permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is requested for the reason that existing d~ck was constructed of side yard setbacks. by prior owner, Meyhoefer,in violation Form zB1 (Continue on other side) REASON FOR APPEAL Cont,nued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHiP because The existing deck was constructed at grade and removal of the deck will cause economic hardship to the property owner. The prior owner claimed that he built the deck in the 1970s he was advised by the building department that a deck, at grade, did not require a building permit. 2. The hardshipcreotedis UNIQUE ondisnotshored by alt properties alike in the immediate vicinity of this property and in this use district because The subject property is only 93 feet in width the existing house is set back only 20 feet from the sideyard property line leaving very little room for the deck. The existing house pre-exists zoning. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The district is ~-~ the existing residence and deck will not impact the character of th~ district. The owners, appellants, intend to improve the residence. The deck is in good condition and the owners wish to keep it as it was built. STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this (~ 5/'~''~ day of (~C~:~ 1999/ 'a,~,~-'7..t'"'-/--./ TOWN OF SOUTHOLD' PROPERTY RECORD CARD OWNER ' STREE:I" /__J 7. L..J -]' -~ VILLAGE DIST. SUB. LOT FORMER OWNER ' S I W ,' TYPE OF BUILDING LES. "~'/t~' SE~S. VL ; FARM COMM. CB. MICS. Mkt. ¥olue ' LAND IMp. TOTAL DATE REMARKS AGE BUILDING CONDITION .IEW NOR/v~L BELOW : ABOVE ARM Acre Volue Per , Value Acre II~ble ~ ' ' FRONTAGE ON WATER :ad°wland '~!i. DEPTH I ?,j, / Foundation Basement. Ext. Walls ' / ~/~ Fire Place /V ~ Roof ROOm Both / Dinette ;Floors Interior Fihish ~- Heot Rooms 1st Floor Rooms 2nd Floor Driveway DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I,C.P. OIR£CTOR OF PLANNING December 14, 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 Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Mazzaferro and Meyhoefer Municipal File Nmnber(~) 4282 GGN:mb Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner 220 RASRO DRIVE · P.O. BOX 6100 · HAUPPAUGE, LONG ISLAND. NY I 1788-0099 · ($ I 6) 853-5! 92 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS:' TOWN OF SOUTHOLD:' Pursuant to Article X_TV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, :hereby refers the following to the Suffolk County Planning C~L,'L~ssion: XX Variance from the Zoning Code, Article III , Section 100-32 __Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section __Special Permit Appeal No: 4282 Location of Affected Land: _43~75 Main Rd County Tax Map Item No.: lOOO- 75-1-18.i' Within 500 feet of: ~ Town or Village Boundary Line Body of Water (Bay, Sound ~or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Comments: with insufficient ~ide Applicant: John and Doreen Mazzaferro/Curt W. Me~hoefer Peconic, NY attach deck (as built __Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Applicant is requesting permission to yard setback Copies of Town file and related documents enclosed for your review. Dated: Dec. 13, 1994 APPEALS BOARD MEMBERS Gerard P. Goehdnger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 December 13, 1994 Moore and Moore 315 Westphalia Read Mattituek, NY 11952-0023 Re: Appl. No. 4282 - Meyhoefer/Mazzaferre Dear Bill and Pat: Please find enclosed a copy of the determination rendered by the Beard of Appeals at our December 7, 1994 Regular Meeting and fried with the Town Clerk's Office concerning the above-noted vax4nnce application received October 26, 1994. A copy of this determination has been furnished to the Southold Town Building Department pertaining to your pending building permit application request and issuance of the Notice of Disappreval dated October 25, 1994. However, it will be necessary for you (or the owner) to contact the Buridihg Department (765-1802) to be sure your application request is returned to the processing rack. As you may know, this project is located within 500 feet of a State Read. We have transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. Once that agency has finalized its review and forwarded its comments to our office, we will transmit a copy of the same to you. If you have any questions, please feel free to call. Very truly yours, IAnda Kowaiski lk Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning Page 46 - Hearing Tr~[nscript Regular Meeting of December 7, 1994 Southold Town Board of Appeals any plans for additional parking, and they were required, would they be put on the westerly side and continue on the westerly side? HENRY RAYNOR: We could quite easily go along the north westerly radius of the connecting asphalt road. There'd be or problem with all of the asphalt driveway ( ). MR. CHAIRMAN: Great. Thank you very much Sir. HENRY RAYNOR: Thank you. Mt{. CHAIRMAN: Is there anybody else would like to speak in favor of this application? Anybody like to speak against tile application? Hearing no further comment, questions from Board Members, I'll make a motion closing tile hearing reserving decision until later. MEMBER VILLA: Second. MR. CHAIRMAN: BOARD MEMBERS: All in favor. Aye. 8:45 Application No. 4282 -CUI~ W. MEYHOEFER/JOHN AND I~EN MAZZAFKRRO MR. CHAIRMAN: Request for a Variance under Article III, Section 100-32 for approval of deck, as built, with a setback at less than the required fifteen (15) ft. setback from the northerly side property line, at premises known as 43475 Main Road, Peconic, N.Y.; County Tax Map Parcel No. 1000-75-1-18.1. I have a sketch of the deck in its present placement. We have used the deck. At one point it's ground level and I have a copy of the survey indicating the deck Page 47 - Hearing TF~nscript ~ Regular Meeting of December 7, 1994 Southold Town Board of Appeals which lies in between the rear of the house and to almost the front of the shed and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody like to be heard? Mr. Moore, how are you tonight? WILLIAM MOORE: I'm fine, thank you. Its been a long time. I saw Judge Boyd do his thing up here and the less said seems to be the better. I always get scared. Lawyers cant' get by by saying a couple of things. We represent Mazzaferro who bought the property from local people all their lives here. They fell in love with the property last fall, in the fall of 93 and had a hard time reaching consensus with the sellers. Mr. Meyhoefer is here to help with the information who of course has been very helpful. We finally got contracts on this property, August of 94 but theMazzaferros had hunted and hunted until we said we don't know if you can get this house given the problems the sellers were having. Keep looking. They have a big family, certain price range and they fell for this house and stuck with it and stuck it out. They got their mortgage commitment and we're in a situation where we discovered the problem with the deck when the surveys brought it and we started going. Interest rate is going up. We went ahead and closed and that we would deal with this variance after the fact. That's how we're here. We would of loved to deal with it as a purchasers' attorney before we went to closing but given all circumstances we felt lets close this at the interest rate and we'll come here at the Zoning Board and see if we can persuade the Board to allow these people to keep the deck because they fell in love with it back as far Page 48 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals as 1993. Your familiarity with site conditions gets more what's important to you. There is an existing shed and what he's got is a small privy which made themselves closer to the westerly lot line then is now this existing deck is as well. In addition the property to the west is screened in large portion by a combination of a stockade fence, some trees and a privet hedge. In speaking with the Mazzaferros their intention is, apparently there is a gap in there somewhere, that they would fill in that gap with more cedar trees or more privet hedges. Totally seal off that westerly property line where this deck has its most impact. They went to their neighbor George Kokkinos and he asked him to draft a letter which he would sign, which he did, and which he has absolutely no objections to request a grant and I give that to you for your file. MR. CHAIRMAN: Thank you. WILLIAM MOORE: My personal opinion is if we were to cut this deck back as it has been built, just comply with the Code now, we'd really render that deck matter disfunctional or rather unuseful. That being the case my pictures have, that you would approve this in its present configuration as is. Mr. Meyhoefer is here, he's the individual who designed it and built it and he can answer any questions you may have with regard to it. That's the lawyer's pitch for tonight. More said then Justice Boyd. MR. CHAIRMAN: That's it. WILLIAM MOORE: That's it. If you have questions regarding the specific deck I think Mr. Meyhoefer is the best one to answer and ~Page 49 - Hearing ranscript 'Regular Meeting of December 7, Southold Town Board of Appeals 1994 he's here and very graciously volunteered to come out tonight to answer any questions you may have. MR. CHAIRMAN: Alright. I guess we'll ask him a couple of questions. Thank you for coming Sir. Can you tell us how the deck evolved in this manner? MR. MEYHOEFER: Well, it was very simple. My wife at the time wanted the deck to be built at the back of the house for the simple fact that we have a lot runoff in the farm field in the back and it would act as a mud room before you got into the back of the house. There was a little walkway that went up. So Berke who is my next door neighbor and who was born in that house and grew up in that house and it was his farm told me that I had to go to the Building Department and make sure that it was ground covered and not a deck and specifications at the time was not more than 18 inches high and it could be built into the ground and you didn't really need a permit and also the line wall was in a different, you can at that point, I believe build right up to the line if you wanted. The line wall since has been changed and the thing that disturbed me most, was that after the deck was built no-one said that I needed to have a CO or file for a CO, I just let it go. Its been on the tax roll since 1984 and everything was what I thought was legal. Mr. Boufis, the inspector came out and said no problem, just go down and apply for a CO and it will go through and everything would be fine. Tom Fisher told me if I had any problems he'd get back to me, he never got back to me. The next thing I know I was going to need a variance. I didn't really realize that I needed to apply for a CO lPage 50 - Hearing Tr~r'nscript Regular Meeting of December 7, 1994 Southold Town Board of Appeals when it was here, vacation. Hall and going to because contrast completed. A case in point a couple years ago I stood I wanted to build a garage on my property where I'm living The line law has been changed while I went away for Prior to going away to vacation I went down to the Town checked to make sure there was no variances that were change while I was gone. The contractor didn't put it up the line law had changed and I came down because it was in to move the tree, OK. This is an oversight on my part. As far as I know and understand I built it legally at the time and since the laws have changed. So, it's up to you. It remains in your hands. MR. CHAIRMAN: Thank you Sir. Thank you for coming down. We really didn't have a chance to grill Mr. Moore. Does the Board have any questions of tile applicant's attorney? MEMBERS: No. MR. CHAIRMAN: I assume this deck is to re~nain unroofed as it is, as its presently been since 1984 Mr. Mazzaferro? MR. MAZZAFERRO: Yes. MR. CHAIRMAN: Alright. Does anybody have any specific objection to it at 4.9 feet? Gentlemen? MEMBERS: No. BOARD CLERK KOWALSKI: I'm just curious for the record. How high is it off the ground, 18, 17 inches? I don't know, I haven's seen it. MR. CHAIRMAN: At its highest point. MR. MEYHOEFER: The highest point I believe its a 16 inches. ~,Page 51 - Hearing ranscript Regular Meeting of December 7, 1994 Southold Town Board of Appeals BOARD CLERK KOWALSKI: OK, thank you. MR. MEYHOEFER: And at that side I put up a roll of Lilies and Irises and then I built in the front of the deck so you're not going to fall off, but there's a step, or a tear drop, what I call a tear drop step and it was a platform for the kids to sit on. MR. CHAIRMAN: Alright, $o I'll offer the resolution that it be granted as applied for. MEMBER DINIZIO: I second that. MR. CHAIRMAN: All in favor? MEMBERS: Aye. 8:56 - Application No. 4287 - NORTH FORK BEACH CONDOMINIUM MR. CHAIRMAN: Request for a Variance under Article III, Section 100-33, based upon the November 1, 1994 Notice of Disapproval of the Building Inspector, for permission to locate an inground swimming pool in an area other than the required rear yard and which faces the south side of Soundview Avenue. Property identified as: 52325 County Road No. 48, Southold, N.Y.; County Tax Map Parcel No. 1000-135.1-1-1 thru 43. The entire premises contains 1.18 acres and is a corner lot. Zone District: R-40 Low-Density Residential. I have a copy of a sit plan which is actually a survey indicating the approximate location of the proposed swimming pool and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I see noted counsel at the mike so he must be representing them. Mr. Caminiti how are you? BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of CURT MEYHOEFER, and JOHN AND DOREEN MAZZAFERRO CONFIRMATION OF POSTING and, being duly sworn, depose and say: That on the 18~-day of November, 1994, I personally posted the property known as "43475 Main Road, Peconic, NY" by placing the Town's official poster notice on ~/%~/~g~ ~. ~'~r~.~'~/ facing the road side of t~le'property, a~d that th~ ~ poster has remained in place at least seven days prior to the date of the first public hearing. Dated: November~ql , 1994. (~gnature) O°O Sworn to before me this (~J~__ day of November, 1994. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 October 31, 1994 Patricia C. Moore, Esq. Moore and Moore 315 Westphalia Road Mattituek, NY 11952-0023 Re: Meyhoefer/Mazzaferro Variance for Deck, as Exists Dear Mrs. Moore: This will confirm receipt of the above variance application filed by you on Thursday, October 27, 1994. In the interim, you have agreed to furnish seven copies of a building sketch of the area under consideration for the side yard variance and confirmation of the exact setback from the deck to the closest property line. The sketch is needed to show ali dimensions, the height above ground level, and the general construction details. The public hearing is expected to December, and written confirmation within the next week or two. be held the first Wednesday in of the time will be forwarded Very truly yours, Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OFSOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 16, 1994 Patricia C. Moore, Esq. Moore & Moore 315 Westphalia Road Mattituck, NY 11952-0023 Re: Appeal No. 4282 - Meyhoefer/Massaferro Variance for Dock Dear Mrs. Moore: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, December 7, 1994 at the Southold Town Hall at the time noted therein. Also, yogi, will find enclosed a Poster Notice which must be placed either on a stake and located in the front yard (road side) of your client's property, or placed on the front of your client's dwelling structure where it can be easily seen from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Ve~ truly yours, Enclosures l.inda Kowalski, Clerk Board of Appeals BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of CURT MEYHOEFER, and JOHN AND DOREEN MAZZAFERRO CONFIRMATION OF POSTING I, , residing at and, being duly sworn, depose and say: That on the day of November, 1994, I personally posted the property known as "43475 Main Road, Peconic, NY" by placing the Town's official poster notice on facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the first p~ublic hearing. Dated: November , 1994. (signature) 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 RD: DATE OF PUBLIC HEARING: 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 durin~j' normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS · TOWN OF SOUTHOLD · (516) 765-1809 Page 4 - Legal Notice Southold Town Board of Appeals Regular Meeting of December 7, 1994 Mailing List for Legal Notice Hearings for December 7, 1994 Copies of the Legal Notice furnished to the following 11/16/94: Mr. Thomas C. Wolpert, Young & Young, 400 Ostrander Ave., Riverhead 11901-4694 Re: Racz and Dessimoz Mr. Joel Lauber, Box 921, Southold, NY 11971, Re: Corey Creek Vineyards Mr. and Mrs. Thomas Thompson, 2890 Bridge La, Cutchogue 11935 Edward John Boyd V, Esq., Main Rd, Southold 11971 Re: Luce Patricia C. Moore, Esq., 315 Westphalia Rd, Mattituck 11952-0023 Re: Meyhoefer/Mazzaferre Posted on Town Clerk Bulletin Board on 11/16/94 Copies to Board Member Boxes together with copies of files 11/16 Copy to Town Clerk for distribution to TB on 11/16/94 Copies to official newspaper(s) on 11/17/94 by fax transmission Copy to Building Department on 11/17 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hear- ings will be held by the Southold Town Board of An- peals at the Southold Town J Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY. DECEMBER 7. 1994. commencing at the times specified below: 1. 7:35 p.m. Appl. No. 4284- THOMAS & ELIZA- BETH THOMPSON. Request for a Variance under Article III, Section 100-33 for permission// to locate an accessory garage building in the southerly side yard area, rather than the re- quired rear yard, at premises known as 2890 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a sub- standard parcel in this A-C Agricultural Conservation Zone District containing ap- proximately 41,585 sq. tr. in total lot area. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 2. 7:40 p.m. Appl. No 4286- JOEL AND MARGARET LAUBER. Request for a Spe-~ cial Exception under Article III, Section 100-31B(13) for permission to establish Winery Use for the sale of wine pro- duced from grapes primarily grown on the existing Vineyard where the proposed Winery is to be located, to wit: 45470 Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-6-9.7 and 9.6 (com- bined total: 30 acres). 3.7:45 p.m. Appl. No 4283- GAIL DESSIMOZ and MICHAEL RACZ. Request for Variances under Article 11I, Section 100-32 and Section 100-33C, based upon the Oc- tober 21, 1994 Notice of Dis- approval issued by the Build~ ing Inspector for permission to: (1) change lot line resulting in a reduction in the existing lot width on the westerly lot from 208.14 feet to 125 feet (Code) requirement is 175 feet in this R-80 Residential Zone Dis- t~ict), and (2) if the lot width reduction is approved, to locate yard area to lb- ,vest of the ex- isting single. ,ily dwelling· Location of l~¥operty: Private right-of-way known as Halinck Lane and Private Road gl0, which extends offthe north side of Sound Avenue, Mattituck, NY (over and along lands of Charles Simmons and Edward Harbes); County Tax Map Par-/ eels No. 1000-112-1-3 and 4. 4. 7:50 p.m. Appl. No. 4285- ELBERT EJLUCE, JR. Request for a Variance under Article III, Section 100-33 and Section 100-32, based upon two separate November 7, 1994 Notices of Disapproval issued by the Building Inspec- tur for permission to construct / accessory storage building (shed) in an area other than the required rear yard, and deck addition to dwelling, as built, which has an insufficient rear yard setback. Location of Prop- erty: Private Right-of-way ex- tending 332.51 feet offthe east- erly side of Youngs Road, (House #944), Orient, NY;/ County Tax Map Parcel No: 1000-18-2-14. Subject pre- mises contains a total lot area of 21,188 sq. Ir. and is located in an R-80 Residential Zone District. 5. 8:05 p.m. (Reconvened for continuation) Appl. No. 4257 OSPREY DOMINION CO. and FREDERICK/ KOEHLER, JR. This is an ap- plication requesting a Special Exception for approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes prima- rily grown on the Vineyard and Winery Establishment pro- posed at 44075 Main Road (State Route 25), Peconic, NY: County Tax Map Parcel No. 1000-75-1-20. The entire pre- mises contains 50.8 acres lo- cated in the Agricultural-Con- setvation (A-C) Zone District. 6. 8:10 p.m. Appeal No. 4282- CURT W. MEYIfOEFER/JOEtN and DOREEN MAZZAFERRO ~ · Request for a Varmnce under Article liT, Section 100-32 for approval of deck, as built, with a setback at less than the re- quired fiireen (15) Ir~ setback from the northerly side prop- erty line, at premises known as 43475 Main Road, Peconic, NY: County Tax Map Parcel No. 1000-75-1-18.1. /do COUNTY OF SUFFOLK . qAqL OF NEW YORK ss: l'~trlcia Woed, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for ...................... ~ ....... weeks su~.c~ively,.. ......... commencing on the Swo~n to before me on this · ~,~. .... day of The Board of Appeals will at said time and place hear any and all persons or representa- tives desiring to be heard in the above matters. Written com- ments 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 any of the above files or would like to request more information, please do not hesi- tate to call 765-1809 or visit our office. Dated: November 16,1994 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P, GOEHRINGER, CHAIR- MAN By: Linda Kowalski 1X-11/24/94(15) Notary Public BARBAR~ A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Sul[olk Colmty Commission Expires ~>,/_~q?~ NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN. pursuam to Section 267 of the Town Law and the Code of Ibc Town of Souihold, lhat Ihe following public hearings will be held by Ibc SOUTHOLD TOWN BOARD OF APPEALS at the Sou~hold Town Hall, 53095 Main Road, Southold. New York 11971. on WEDNESDAY, DECEMBER 7, 1994. commencing al 0~c limes specified below: I. 7:35 p.m. Appl. No. 4284 -- THOMAS and ELIZABETI! THOMPSON. Request for a Variance under Article Ill, Section 100-33 for permission ~o locate an accessory garage building in lhe soulherly side yard area, ralher than Ibc required rear yard, al premises known as 2890 Bridge Lane. Cutchogue, N.Y; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in this A-C Agricultural area. (Setback from property lines, when located in a yard area olher ~han a rear yard, shall be determined by the Board of Appeals.) 2. 7:40 p.m. Appl. No. 4286 -- JOEL and MARGARET LAUBER. Request for a Special Exception under Article ltl, Section 100-3lB(13) for permission to eslablish Winery Use for the sale of wine produced from grapes primarily grown on the existing Vineyard where the proposed Winery is to be located, to wil: 45470 Main Road, Southold, N.Y.; County Tax Map Parcel No. 1000-75-6-9.7 and 9.6 cry establishment in ~wo existing farm buildings for the production and sale of wine produced from grapes primari- ly grown on the Vineyard and Winery Establishmen~ proposed al 44075 Main Road (State Route 25), Peconic, N.Y4 Coumy Tax map Parcel No. 1000-75- 1-20. The entire premises con~ains 50.8 acres Iocaled in the Agricuhural- Conserva0on (A-C) Zone District. 6. g:10 p.m. Appeal No. 4282 -- CURT W, MEYHOEFER/JOHN and DOREEN MAZZAFERRO. Request for a Variance under Article Ill, Section 100-32 for approval of deck, as built, wiIh a selback at less than Ihe required 0Reen (15) fl. set- back from Ihe northerly side property line, at premises known as 43475 Main Road, Peconic, N.Y.; County Tax Map Parcel No. 1000-75-1-18.1. The Board of Appeals will at said time and place hear any and all per- heard in lhe above matters. Wriaen to the conclusion of lhe subject hear- ing. Each hearing will not start before the times designated above· If you wish to review any of Ibe above files or would like to request more informa- tion, please do not hesitate to call 765- 1809 or visil our office. Dated: November 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOERRINGER CHAIRMAN By Linda Kowalski STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK ) 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 Southoid, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for.=_]_.__ weeks ~,~slvely, commeti~qag on the ~'z~ day of CHRISTINA VOLINSKI ~ Notary Public, State of New ¥o~t Principal Clerk No. 50048B4 Qualified in Suffolk County O( l Contmission Expires November 23, 39Jl.~-'T~ , . , Notary Public day of. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD S.E,Q.R.A. TYPE II ACTION DECL~RATION Southold Town Hall 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Octobe~ 27, 1994 Appeal No. 4283 Project/Applicants: County Tax Map No. Location of Project: Curt William Meyh0efer 1000- 75-1-18.1 43475 Main Rd., Pec0nic, NY Relief Requested/Jurisdiction Before This Board in this Project: "As built"deck with insufficient side yard setback This Notice is issued pursuant to Part 617 of the implementing re~p/lations pertaining to Article 8 of the N.Y.S. EnviroP~ental Quality Review Act of the EnviroD_mentat Conservation Law and Local Law #44-4 of the To~rn of Southold. An Environmental Assessment (Short) Fozml has been submitted; however, Section 617.13 of 6 NYCI{R Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the ~ II classification as established by law. Further, this Department may not be an involved agency under SEQI{A {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as ~ype II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this dete~T~ination shall have no affect upon any other agency's interest or SEQRA dete~n~ination 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, T~n 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 REOISU'RAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION 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 001' TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: October 26, 1994 RE: Zoning Appeal No. 4282 - Doreen and John D. Mazzaferro Transmitted herewith is Zoning Appeal No. 1~281l of DOREEN AND JOHN D. MAZZAFERRO for a variance. Also included is: Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department dated October 25, 199tt, with attachment; Short Environmental Assessment Form; ZBA Questionnaire; and survey. Judith T. Terry Southold Town Clerk JONN AT PECOKiiC I'OWN OF ~OUTNOLD , GtJFF CO.l)~ MAP DATA,: A5 5UI~VI~YED ;,: i' '24L ~ :;~ ';4 ' - ~.'" ~>~.._u~_ R__sy~V_~v. _o.E% c,F,: o; r~.,: ~. ·: ' ' I'PROJECT I,Oo NUMBER ~- ~I! SEQR 617.21 ~. Appendix C State Environmental Quality Review SHORT EN!/IRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be comoleted by ADDlicant or Project sponsorl 1· APPMCAN[/SPONSOR 3, PROJE~ LOCATION: $o IS PROPOSED ACT;ON: [],.,, [] E.o...,o. ,1:~'~,,.,,o.,.,,.,.,,o. .~ ~__ 6. DESCRIBE PROJECT RRIEFLY: g.W.AT . RESENT LA.O USE,. ~ Park/Foresl/Oeen space [~ Othel' STATE OR LO~AL~? // mH APPROVAL, OR FUNO/NG. NOW OR ULTIMATELY FROM AN~ ~'] Yes ~No If yes. list agency(s) and permiuap;rovar= ~F THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? J2. AS A RESUL~-~F OPOSEO ACTION WILL EXISTING PERMIT/APPROVAL R~OUIRI: MODIFICATION? [:::] Ye, ~ 1 The N.YoSo £nviro~mencai 0ualit Rev o~ this ~orn, ~nd an en~ .... Y lev Act E~'~V~O~MENT~L ASSESSHE~T FO~! Z~JT~UCTZON~ (a) Zn order ~o a/lswe~ the questions in this short EA~ ibfs assu~ed that tho prapa~e~ use cu~enC~y available fn~o~ac~on COnce~n~ p~ojecc ~d ~e lfkeiy impacts of ~e action. ~ is not expected that additional s~ies, ~Osea~ch o~ o~ invesci~aCfons ~11 be undertaken. (b) ~ ~Y ~eSt~on has been answered Yes kh~ prOjec~ maF be (c) ~ all quaskfons h~ve been ~swe~ed NO ft fs l$kely prO,acc ~s noc'S~gn&~c~c. (d) E~v$=onmen~al Assess~enr W~ pFo~ec~ =esul~ ~n a la=~e ph~s~ca~ chan~e ~han ~0 ac=e~ ~and~ phys~ca~ a~ec more 3. ~ P=o~ecc al~e= o= have a ~a=ge ef~ec~ on 4. ~ pco~ecC have a potentially large, impact on on ad~acsnc s~ces2 · Yes 6. ~lll pco~ec~ a~ect any 7. W~ll project result fn ~ majo~ adverse effect a~r 8. Wil~ project have a majo~ effect on vfsual chat_~Yes known to be fmpor~c to tho co~unity~ - ~es ~- ~iil project adversely f~pact any site or Strucc- 10. Wfi1 project have a m~jor effect on ex~stfng o~ ~o future recreational opporcuniCfes~ 11. Will pro~occ result in major traffic problems o~ Z2. Will project regularly cause objectionable odors~Yes ....~o 14. ;;/11 P=o~oct a;Eocc tho existing CO~uni~y by ~es ~o directly c~usinq a grOWth in pecmanenc popula- ~ period or have a ma~oc negative e~foc~ on th= chatacc~ of the CO~unit~ oc neighbo~hoodZ IS. Is there P~lic controversy COncerning tho QUESTIONNAIRE FOR FILINO 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. ) John Maz zafe~i~'6 Dorian B. Is the subject premises listed, on the real estate market for '~ sale or being shOw,'itc prospective {x } No. (If Yes, 'please attach' copy of "conditions" of sale. C. Are there any proposals.to.change or alter land contours? { } Yes { x} No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas, shown on the map sul~nitted wi~n this application?., no 3. Is the property bulkheaded between the wetlands area and the upland .building area? no 4. If your property~.oontains wetlands or pond areas, have you contacted .the. Office of the Town TrUstees for its determination of Jurisdiction? no '-" ............... ' E. Is there'a depression'or',sloptng 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 an~ patios,' 'concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are eubmitting?'~"'n0' "%"".:If~'none ~xist, please state "none." - O."Do you have any'construction taking place at this time concerning your premises?l"~hb If yes, please sub~it a copy of your building permit~and ma~ 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? nn If.,yes,.,please explain where or submit copies of deeds. ~,,~:,~¥ ~>;~,, proposed rise Authoriz6d-Signatu~e~nd~Date Please~ list present, use ~or operations conducted at this and 3/87, 10/901k (~ COUNTY OF SUFFOLK Real Properly Tax Service Agen( R '80 / R.-,-80,, R-80 N. 4B' ~5' JOHN. ~.,~~EEN ,~CO~,l¢ TO~/.N O~r ~:~UTJ4OLI~ BOARD OF APPEALS, TOWN OF SOUTHOLD In thc Matter or the Petition of : John Mazzafe.~c A~O ~ N~ZzAF£~O to the Board of Appeals of'the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: i. T~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: ql K Ma'i n ~r, mrq: ~n,~'khml~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That b~ sucl~ Petition, the undersigned will request the following relief: a variance from the side yard set backs 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section~~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (5'16) ?~5-'1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Peiitioner Jo~n Ma~z-af~roU Owners'Names: c/o Moore & Moore [Copy.of sketch or purposes.] plan showing proposal to be attachedv~c'onvenience PROOf OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Eom C66~. qo~elN '0098 ~ Sd STATE Of NEW YORK COUNTY OF SUFFOLK Peconic Lane, ,~n Road #180, 222 Route25, ;45 Main Road, Peconic NY 11958 Peconic NY 11958 Peconic NY 11958 Southold NY 11971 Patricia C. Moore . residing at T~,,.,,-,, ~r .... Southold. NY , being duly sworn, c~eposes an says that on the 26~h day of hPf-nh~r , 19 9 ~_ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on ' the current assessment roll of the Town of Southold; that said Notices were mailed at thc United States Post Of- fice at Mattituck. New York ; that said Notices were mailed to each of said persons by re Sworn to before me this 26th day of October ,19 94 Notary Public No. 4982~28 Ou~r~i ~ $ulfoa Cou. I,/ Comm~ Ex~s June 3. (This side does not have to be completed on form transmitted to adjoining property owners.)