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HomeMy WebLinkAbout4251 54 Morsch Marilyn J. ,a/k/a Gilbride 05 16 630 North Sea Drive, Sn,,th~ld, N.Y. Wood deck constructed 5.0 f~mt at the closest point and 6~8 feet from sideyard, in violation of 10 foot side ya~'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 FINDINGS AND DETERMINATION Appeal No. 4251: Application for MARILYN J. MORSCH. Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3, based upon the June 6, 1994 Notice of Disapproval from the Building Inspector, for approval of an "as built" wood deck addition with a side yard setback at less than the required 15 feet and less than the total side yards required at 15 and 20 feet. The subject promises contains a (conforming) total lot area of 40,409 square feet in this R-40 Low-Density Residential Zone District. Property Location: 630 North Sea Drive, Southold, NY; County Tax Map Parcel No. 1000-54-5-16. WHEREAS, a public hearing was held on July 14, 1994, at which time ali persons who desired to be heard were heard and their testimony recorded (no opposition was received>; and WHEREAS, the Board has carefully considered ali testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, the present use and building(s), and the surrounding areas; and WHEREAS, the Beard made the following findings of fact: 1. The premises in question: (a) consists of a size of 40,409 sq. ft. with 100 ft. frontage along North Sea Read, Southold, and is located in the R-40 Low-Density Residential Zone District; (b) is improved with a single-family, one-story frame dwelling structure with additions, all as shown on the survey dated March 15, 1994, prepared by Peconic Surveyors, P.C. which shows the principal building setbacks at 5.0 feet between the "subject" attached deck and the westerly property line, 20.0 feet from the easterly side property line and an existing wood deck, approximately 68 feet from the rear property line, and 270+- feet from the front property line. Page 2 - Appeal No. 4251 Application of MARILYN J. MORSCH Decision Rendered July 14, 1994 2. By this application, appellants, by their attorney, request approval for a reduction in the westerly side yard setback from the required 15 feet to the existing five (5) feet. The total setbacks for both side yards are also reduced from the required 35 feet to 20 feet, as built and shown on the March 14, 1994 survey submitted with this application. 3. It is the position of Board Members that the amount of relief requested is substantial in relation to the requirement, being a variance of 10 feet for the subject deck addition, or a variance of 66%. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the requested reduction of ten feet from the westerly side property line for the deck extension, "as built," with a setback at five (5) feet, SUBJECT TO THE FOLLOWING CONDITION: 1. There be no further side yard reductions to less than that requested at 5 on the west side and 20 on the east side, for total side yards at 25 feet; 2. The deck remain as built and not be roofed or enclosed in any manner; 3. There be no adverse lighting - all lighting must be shielded to the ground to prevent annoyance or glare onto neighboring properties. Vote of the Beard: Ayes: Messrs. Goehringer, Doyen, Dinizio, Wilton and Villa. This resolution was duly adopted. RECEIVED AND FILED BY sooT o,.I) TOWN / ~,ERARD P. GOEHRIN~ER / CHAIRMAN 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 NOTICE OF PUBLIC HEARINGS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE IS HEREBY GIVEN. pursuant to Section 267 of the Town Law and the Code of the Town of, Southold, that the following publie, hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS. at. the Southold Town Hall; 53095 Main,Road. Southold; New. York 11971, on THURSDAY. JULY 14, 1994, commencing at, the times specified below: 1. 7:30 p.m, AppI. No. ~250 - WILLIAM AND HELEN CHILDS~ Variamce to the Zoning Ordinance. Article III. Section 100,-33C based, upon the March 29, 199~ Notice of, Disapproval ~from the Building Inspector for permission to locate acc~ez~ry garage with reduced front yard setback|s)~ on this corner lot. The subject premises contains a ~.total lot area, oft approximately 30,500 square feet and fronts along Brushes .Creek,. Peconic Bay, Boulevard. and Mesrobiae Drive, Street Address:- 1781~ Peeoni~aay Boulevard, Laurel~ NY: County Tax Map Parcel No. 1000-1qS-q-2.1 (prev. I g 2). 2. 7:35 p.m, AppI., No. q252.- DENNIS R. and ANN L. BANNON~ Variance to the Zoning Ordim3~ce. Article, IliA. Section 100-30A~3. based upen the June 16, 199~ Notice of- Disapproval from the Building Inspectoe~ for Southold, Town Boardof~A~eals Regula~ Meeting of July 14~ 1994 permission to locate proposed addition with an insaJfficient, rear yard setback. The subject p~emises contaif~,*a total, lot a~ea of, approxlmate~ 12.300 square ,feet and is ~a corne~ lot. Location of, property: 855 Mam/'s Road {a/k/a 6~5 Hamilton Avonue). Mattltuck. NY; County Tax Map Parcel ID No. 1000-1~8-2-1. 3. 7:~0 p.m. Appl. No. 4251 - MARILYN J. MOR$CH. Variance to the Zoning Ordinance. Article, II IA. Sectio~ 100-30A~3. based upon the June 6. 199~ Notice of~ Disapproval, from the Building, Ins~3ector. for approval of, an "as builtu wood deck addition with.a side yard setbadc at less than the required 15 feet and less than the total side yards required at. 15 and 20 feet. The subject premises contalns a (conforming). total, lot area of ~0.~09 square, feet in this R-IlO Low,-Density Residentiat: Zone District. Property Location: 630 Nerth- Sea Drive~- Sotxthold~ NY: County Tax Map Pai:,..el No. 1000-5~-5-16~ 4. 7:45 p.m. AppI.: No. ~235 - KlM FALLON and~ CYNTHIA, SUTRYK. Re-Hearing pursuant, to. Resolution of, Board, of: Appeals~adopted June 13. 19S~ to, re-consider and re-hear appellaR~cs~ vaeiam:e appli~t~on under Article~lll. Section 100-33. based upon the April 4,~ 199~ Notice of Disapproval from the, Building Inspector. to le.-=~e,accessory buiidingluse in the front yard area. Location of, Property: 3200 Soundvie~ Avenue, Matt[tuck. NY; County Tax Map Parcel 1000-g~-2-S. Page 3 - Notice of~ Heari~ Southold ~ Town Board of~ A~Seals Regulal~r Meeting of~,Jul¥ 1~. 199~ 5. 8:00 p.m. Appl. No. q253 - JOHN AND MARY WlSSEMANN. Varia~ea based upon the June 16, 199q- Notice of Disapproval.. from the Building Inspector for permisslma to, construct acc~ory garage building with,an insufficient front,yard setback at580 Clearview: Road, Lot No. qg:and part of a7 on the Development Map of~ Cedar Beach, Southoid~ NY; County Tax Map Parcel No. 1000-90-q-11.1. The subject premises isa wateefront parcel centaining a total~ lot area of~ approximately, qS~000 sq; ft. (including Iow land subject to floadin9) and is~definec~ as a corner lot fronting along Clear View. Road and a private-right-of-ways, to,the north. 6. 8:10 p.m. Appl. No. q25~ - DEPOT ENTERPRISES; INC. Variance is, requested under Article-VII. Section 10~-71C (ref. 100-31C-~,. 100-33:) and under prior, va;imace determined May ,11, 1993 under Appeal No. ~1S7.. for permission, to modify the northerly yard setback for an accessory ball court. Lo~aLion of,, Property= : 320 Depot I_ant and 29325 Main Road, Cutchogue~- NY; County Tax Map Parcel ID, No. 10G0-102~2-12.1. Subject premises :is: zoned- Residential-~)fflce. ~( RO}, and contains, a to*al. ~lot area ,of 1.6+- acres. The Board of~ AppeaLs, ~vili, at~, said, time and pla=e hear any-and ail persons, or, representatives deai~in~ to. be .heaed in~ th~ above~-..dAe~s. Written conueants, may~-als~ be submitted prior, to, th~ com=iuslon-of~ the subject hearincj. Each hea~ing wild,not, stm. t before.the times, deaig~oted above,- If you wisk~ to,~revle~, any,,of- the -above:-filea o~ weuld-Uke~.to requeat. ,more.-infa~matio~.~ .please- d~ ,not, heaitate, to call .76~-18ag or, visit our office~ Dated: June 27. 199~. BY ORDER OF'THE.SOUTHOLD TOWN BOARD OF APPEA -~S GERARD P. GOEHRINGER;' CHAIRMAN By Linda Ko~aiski X FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. PLEASE TAKE NOTICE th/at your application dated ~/~. ..... ~ ....... ' ,19~ for pe~it to construct .~. '~'~~~~~~~:~ at ~cation of Property. ~'~?. ~.~. ~/[ ............................... House No. ~treet H~mlet County T= ~p ~o. ~ooo s=~tio~ ....~-. .... a~ock .... ~ ...... ~ .. d~... ~ ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds /d~,,~-..~.,<..~..~~'-'~" '~ ~.~":~.~...-~,~...,~..~~...,~.~,,'-/....~i .... i ....... ii .... ............................... .... -? ~ ......... RV 1/80 ~ORM N'O. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 3 SETS OF PLANS .......... SURVEY ................... CIIECK .................... SEPTIC FORH .............. TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ' ., 19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspectip~ts. ~ . ....... .......... -- (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee,~architect, engineer, general contractor, electrician, plumber or builder. Nameofownerofpremises ...-..?.4.~..~..../??.:q.~/..g~../%(.. ~ ............ (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 ...................... t. Location of land on which proposed work will be done. ' House Num bet Street Hamlet County Tax Map No. 1000 Section. .... ~g ......... Block ... ~ L ......... Lot (~ .... ........ Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing Use and occupancy .... ~.~C~ ................................................... b. Intended use and occupancy C ~ . . .:~ :~ ] 5 : :?'~:'~ 3. Nature of work ( k which a. able): New Building ' ..... A I~.~.;- teration .......... Repair .............. Removal .............. Demolition .......... Other Work ............... " ~ (Description) 4. Estimated Cost (to be~ ~%~%~.'~,~i~g this application) 5. If dwelling, number of dwelling units ............... Number of dwelliri~ifii~ o'6"h~'aeacT('~-oor .............. 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 .................. ~D.epth .. ....;. ................ Height ........ ~ ............. Number of Stories .................... 8. ~a:menmons oz entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ..................................................... 9. Size of lot: Front ...................... Rear ...................... Depth ................... i i i 10. Date of Purchase .................... ......... Name of Former Owner Zone or use district in wliich premises are situated ................................ ~..~f.-/e'v_'c';~d~ 'c'~ D'~'t ~ ' 12. Does proposed construction, violate any zoning law, ordinance or regulation: ... .~..-~ ~..--:. ~.,~o. ~, .s?,' '- ........ ;~..' 13. Will lot be regraded ............................ 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 ................... Phon. e~hil>r ............... 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 comer lot. STATE OF NEW YORK, c c ' COUNTY .... o-o . ......... -'~'~--/¥('~(..~.-.~.~ · ./~./- -~. · ./~-~-- · ............. being duly swo/n, deposes and says that he is the applicant (Name of individual signing contract) above named. Heisthe ~/~...Off../. .' '//'~'~2Zgz~e ~ "~/~'~/'~ dT~-z~'.~ ~6';/'~dW/~)~ (Contractor .g_ent_ orporate officer etc.) Y' ......... . of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to tlie best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ........................ day of ...... .~.~.~. f¥.z~.~ ........ 19. ~:/'. . ~ '-"' , ................................. Court N*~tl~N~Y~ (Signature of applicant) RECOVED /o ,' B~- JUN 8 1994 Southold Town Clerk TOWN OF SOUTHOLD0 NEY,' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE .......................... ... · TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Marilyn J. Morsch ..................... of. ,.,t.~.,1,.~...~...W.,.....~.a Y,.(: ~£a/.L..a~ ;~41 ............ Nome of Appellant Street and Number Palm City Florida 34990 ......................................................................................................................... HEREBY APPEAL TO MunicipaliW State THE ZONING 8OARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Patricia C. Moore, Attorney Name of Applicant for permit ( ) (x) ( ) of Moore & Moore 315 Westphalia Road Mattituck N.Y. 11952 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY North Sea Drive, Southold R-40 Street /Hamlet / Use District on Zoning Map D~strict ]000 Secti0n 54 B]0ck05L0tl6 . _ Marilyn J. Morsch .......... ~.urren: Owner Mop No. 'Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IIIA Section 1 nn-~n~ ~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the 7nning Ordinance or Zoning Mop (,) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. !6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (Nars~(has not) been made with respect to this decision' Of the Building Inspector or with respect to this property. ' Such appeal was ( ) request for a special permit ~ ,) request for a variance and was made in Appeo! No ................................. Doted ............................ -, .................. ~ ..................... (x) { ) the closest point an~ 6.8 feet from sideyard, is requested for the reason that ~,~ foot sideyard. ' REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance for a wood deck constructed 5.0 feet at in violation of (Continue on other side) REASON FOR APPEAL Continued $. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because the existing house is elevated three to four feet above grade anayprovlaes access as well as additional outside living area. Removal of the deck inorder to meet zoning will result in an unusable ,deck and leave only a catwalk. The cost to cure the zoning violation has been estmated at $3,800.00. 2. Zhehardship createdis UNIQUEand isnotshared by all prope~ies alike in the immediate vicinity ofthisproperty and in this use district because the subject parcel ks Qnl~ i00 feet in width ~ut'~pproximately 400 feet in length. The e~isting residgnce is~placed on the parcel such tha~ any reasonabl~ sized'deck will encroach the sideyard setbacK. In addition, the topography of the parcel.on the south s'~de and vegitation do not provide a usabl~ yard without extensive landscaping and grading. The deck provides practical', usable area while preventing to the natqral topography and vDgita~ion.- disturbance 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OFTHE DISIklCTbecause. the original residence was built in 1958 and an addition was constr6cted in 1980; the deck was' constructed in 1980. The deck is characteristic of the decks on most of the seasonal homes in this beach front community. 'The deck has no impact on the adjacent property because the adjacent house is located approximatel~ 300 feet north of the subject house and deck. The appellant's house is set back 300 feet from the front y~rd and neither the dwelling nor the deck impact the character of the district. STATE OF NEW YORK ) COUNTY OF ~c~ ) Patricia C. M~iS~u, reas attorney for Marilyn J. Morsch Swo~n to this ............. ~ ..............~ ............. day o~ ............ ...... Notary Public Nora'./Fk__~'~_~ b~e ol Nay yo~k No. 498~ Ouar~r~l in Sulfolk Courtly c~ C4;mmissio, Expires June 3.19/_;--~ · 'TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER S?REET a~q ~ ~ VILLAGE DIST. SUB. LOT / ~ ~ ,' S , W . ~PE OF BUILDING RES. (S~S. ~.~ ~'(O VL. FAR~ ~ CO~. CB. MICS. Mkt. Value - ~ND IMP. TOTAL DATE RE~RKS AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FA~ Acre Value Per Value Ac re Tillable FRONTAGE ON WATER Wetland FRONTAGE ON ROAD /~.~ , ~ / ~ ~- o Meadowland DEPTH ~ ' d ~ Z~ /~ "'~ House Plot BULKH~D Total ~ ~J ~ AA. Bldg. COLOR TRIM Extension Extension Extension Pon:h Garage Patio ~,~ O~ B. ~,t" /O -- &m ~ - Foundation ~a~ement Ext. Walls Fire Place Type Roof Recreation Room Dormer · Bath Floors ,,~. r,. , Interior Fihish Heat Rooms ]st Floor Rooms 2nd Floor Driveway Dinette LR. DR. BR. FIN. B CERTIFIED TO' C and C ASSOCIATES CHICAGO TITLE INSURANCE COMPANY 9~I08 - 00751' Prepared in accordance with the minimum standards for lille surveys as established ~; the L.I.A.L.S. and approved and adopted r such use. by The New York State Land Title Assoclallon. SURVEY FOR C. and C. ASSOCIATES A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 54 - 05- 16 Scale; 1" = 50' Mar. 15, 1994 °'o. / AREA = 40,409 sqft. PECONIC SURVEYORS, I516) 765 - 5020 P. O. BOX 909 MAIN ROAD SOUTHOLD, N.Y. 119 71 N.Y.S. LIC. NO. 49618 94- 131 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 July 29, 1994 Patrica C. Moore, Esq. Westphalia Road P.O. Box 23 Mattituck, NY 11952-0023 Re: Appl. No. 4251 - Marilyn Morsch (Variande) Dear Mrs. Moore: Please find attached a copy of communications transmitted to our office from the Suffolk County Department of Planning which results from, their review in accordance with the Suffolk County Admini.~trative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area and its tributaries. You will note that the County has left this project for local (Town) determination. This copy is for your update and recordkeeping. Very truly yours, Lin(ia Kowalski Enclosure DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE JUL 2 9 199 STEPHEN M. JONES, A.I.C.P. DIRECTOR OF' PLANNING ~.~ July 28, 1994 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 Coa~mission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Morsch, Marilyn Wissemann, John and Nancy Depot Enterprises Inc. 4251 4253 4254 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner H, LEE DENNI~N BUILDING I VETERANS MEMORIAL HIGHWAY · HAUPPAUGE. NEW YORK 11788 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 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, Now York, hereby refers the following to the Suffolk County Planning C~,i~ssion: X Variance from the Zoning Code, Article IIIA , Section 100-30A:3 __Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section Special Permit Appeal No: 4251 Applicant: Marilyn J. Morsch Location of Affected Land: 630 North Sea Drive, Southold, N.Y. County Tax Map Item No.: lO00-54-5-16. Within 500 feet of: __'Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting ~¢x~xr~r~x~xxt~ approval of an "as.bUilt" wood d.ck .ddition with a side yard setback at less than the total side yards ~equi~ed at 15 and 20 feet. Copies of Town file and related documents enclosed for your review. Dated: July , 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 1:[79 Southold, New York :[1971 Fax (5:[6) 765-:[823 Telephone (516) 765-1809 July 21, 1994 Patricia C. Moore, Esq. P.O. Box 23 Westphalia Road Mattituck, NY 11952 Re: Appl. No. 4251 - Marilyn J. Morsch Deck, As Built Dear Mrs. Moore: Attached please find a copy of the Board's recent findings and determination rendered at our July 14, 1994 Regular Meeting concerning the above application. Please be sure to return to the Building Inspector concerning the outstanding building permit application, certificate of occupancy and any other review may be required. Copies of this determination have been forwarded to the Building Department for their update and permanent records. For your information, a copy of your file has been tran.~mitted to the Suffolk County Department of Planning for their review as required by the County Adm{n{strative Code eencern{ng variance projects located with{n 500 feet of a waterway. After they have forwarded their comments to our office, we ~ in turn forward a copy to you for your file. Very truly yours, I,inda Kowalski Enclosures Copies of Decision to: Southold Town Building Department Suffolk County Department of planning 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 July 21, 1994 Patrieia C. Moore, Esq. P.O. Bo:< 23 Westphalia Road Mattituck, NY 11952 Re: Appl. No. 4251 - Maz41yn J. Morsch Deck, As Built Dear Mrs. Moore: Attached please find a copy of the Board's recent findings and determination rendered at our July 14, 1994 Regular Meeting concerning the above application. Please be sure to return to the Building Inspector concerning the outstanding building permit application, certificate of occupancy and any other review may be required. Copies of this determination have been forwarded to the Building Department for their update and permnnent records. For your information, a copy of your file has been trnngmitted to the Suffolk County Department of Planning for their review as required by the County Administrative Code concerning variance projects located within 500 feet of a waterway. After they have forwarded their comments to our office, we will in turn forward a copy to you for your file. Very truly yours, I.in da Kowalski Enclosures Copies of Decision to: , / __~"~Southold Town Building Department t./ Suffolk County Department of Planning Page 11 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals I'd like to have for my family, myself. I would like to have it 4th of July but we couldn't do it. MR. CHAIRMAN: Let me just ask. Are you going to put a full foundation underneath it if you anticipate in closing it sometime in the future? DENNIS BANNON: I would in the future. I would have a full foundation but no basement. MR. CHAIRMAN: No basement. Regular cross basement? DENNIS BANNON: Yeah. MR. CHAIRMAN: Does anybody have any objection to Officer Bannon's application? There is definitely a true hardship. There's no question about that. Is there anybody else in the audience that would like to speak for or against this application? I see no hands I'll make a motion offering it be approved as applied for. (See Board's findings and determination prepared under separate cover and included in Resolution and Minutes of the Board.) 7:56 P.M. MR. CHAIRMAN: Appl. No. 4251 In behalf of MARt-I~N~J. MOi~l~I: A variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, based upon the June 6, 1994 Notice of Disapproval from the Building Inspector, for approval of an "as built" wood deck addition with a side yard setback at less than the required 15 feet and ]ess than the total side yards required at 15 and 20 feet. The subject premises contains a (conforming) total lot area of 40,409 Page 12 - Transcript {carings Regular Meeting of July 14, 1994 Southold Town Board of Appeals square feet in this R-40 Low-Density Residential Zone District. Property Location: 630 North Sea Drive, Southold, N.Y.; County Tax Map Parcel No. 1000-54-5-16. I have a copy of a sketch of the floor plan of the house and the nature of this application which is the south west deck which is approximately the closest point 5 feet from the property line. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I understand Ms. Moore that you are representing the applicant. PATRICIA MOORE: Good evening. I'm Patricia Moore from the law office of Moore & Moore, 315 Westphalia Road, Mattituck, N.Y. I have for the Board before I begin a letter that I received from one of the property owners on the north side Blanche Seibert. She sent this letter back in June 16. I have that for the Board. I also have an affidavit by our secretary. We received a telephone call from Mr. Demos who is the south side property owner. Both of these people are adjacent property owners and he spoke to my secretary and advised her that he had no objection to it and rather than me telling you that they spoke I have an affidavit by Margaret Rutkowski who is my secretary. I also have for the Board, I mentioned in the papers that the cost of bringing this deck into conformity would cost approximately $3,800 and I have an estimate from Ratsey Construction which Mrs. Morsch got back in April and for the Board's information. As my papers point out the removal of this deck would result in a practical difficulty for Mrs. Morsch. It would result in a five foot deck along this property line on a north, south. That property is completely backwards and it would result in an unusable deck that Page 13 - Transcript of Hearings Regular Meeting of July 14, 1994 Southold Town Board of Appeals would remain. As you saw from your inspection of the property for those of you would, all of you who've gone to see the property the house is setback 400 feet from the road and it is unique in that respect that it is such a long narrow parcel and the house, the Demos house which is a the same size as the deck would be the variance request is setback maybe 200 feet from the road. So there is a substantial vast undeveloped area that is the, really the side yard that would be effected. So the effective of this deck is insignificant to the adjacent property owner. It also does conform to the character of the district if you drive around Sea Drive, North Sea Drive it almost looks like the same contractor built all those decks. There all very similar material and size and this deck would be conforming with the character of the area. If you have any questions. MR. CHAIRMAN: Is there any anticipation of enclosing the deck? PATRICIA MOORE: No, not to my knowledge. MR. CHAIRMAN: Does anybody have any questions of Ms. Moore? MEMBER VILLA: Why is this coming up at this time? Are they selling the house? PATRICIA MOORE: They were in the process of selling. I'm not sure that the contract, I, I don't. She's not a client, I'm doing just the Zoning Board application, so I don't know all the details about it, but my understanding is that one of the deals may have fallen through because there were no Building Permits for this deck. Apparently when she had done the renovations back in 78, she thought she had submitted Building Permits for it and she recalls Page 14 - Transcript Regular Meeting of July 14, 1994 Southold Town Board of Appeals filling out the paper work and sending it off, but apparently it was never, it was never completed so my, the facts are very ( )., it's back from 78, so at this point now all the decks are being brought into conformity and as far as building, CO's go and this was the only one that, that had a problem with a variance. MR. CHAIRMAN: Let's just see if anybody else. Is there anybody in the audience would like to speak in favor or against this application? Seeing no hands I guess we'll make a motion closing the hearing reserving decision and we'll kick it around later. PATRICIA MOORE: OK, thank you very much. MR. CHAIRMAN: Thank you. BOARD SECRETARY KOWALSKI: Who would like to second that motion? MEMBER DINIZIO: Second. MR. CHAIRMAN: All in favor. MEMBERS: Aye. 7:58 P.M. MR. CHAIRMAN: Appl. No. 4235 KIM FALLON and CYNTHIA SUTRYK. Re-Hearing pursuant to Resolution of Board of Appeals adopted June 13, 1994 to reconsider and rehear appellants' variance application under Article III, Section 100-33, based upon the April 4, 1994 Notice of Disapproval from the Building Inspector, to locate accessory building/use in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, N.Y.; County Tax Map Parcel 1000-94-2-5. It is a request from the applicants to rehear the case N0,516 765 5902 ' ~3un 05,94 10:8 P.02 RATSEY Carpent · Plumbing. ' {516)4WJ0979 AGREEMENT~ SPECIFICATION S Payment Plan:, CashPrlceofJob$ ~), (~Q~, Go DownPayment$_ ,. -. Balance No work Is Io be done other than Ihet apt, tiffed in this contrat! with(mi addill~nal tharKe., Entire'Job Io.b· done In II workmeli-Ilke nmnner. Anlllned To and Aceepled · . pbmm* ~llm and P. eturn Yellow Ce_Dy , ,,~ own. ~ RATSEY CONSTRUCTION P.O, Box 398 _ Greenporl, New York 11944 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Marilyn J. Morsch to the Board of Appeals of the Town of Southold STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) Margaret Rutkowski, being duly sworn deposes and says: 1. I am not a party to the action, am over eighteen years of age and reside at Theresa Drive, Mattituck, New York. 2. I am the Secretary at the office of Moore & Moore, attorneys for the Petitioner in this matter. 3. On June 20, 1994 at 9:50 am, I received a telephone call from Mr. Demos. He stated that he had received the Notice to Adjacent Property Owner that we had mailed to him, and that he had no objection in this matter. Marbare~ Rutkowski Sworn to before me this 11th day of July, lgg4. Notary Public William D. Moore Patricia C. Moore MOORE & MOOR Attorneys at Law 315 Westphalia Road Mattituck, New York 119 Tel: (516) ~74 F~ (516) ~8-5~ June 29, 1994 Linda Kowalski, Clerk Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: owner: Premises: Variance Application Marilyn J. Morsch 630 North Sea Road, Southold, SCTM # 1000-54-05-16 NY Dear Linda: Enclosed please find a construction diagram of the deck showing the materials used including a cross-view diagram of the deck. As per your request, we are posting a temporary sign indicating that the property is the subject of a variance at this time. Thank you for your assistance. If there is anything else the Board wishes, please do not hesitate to contact me. V~r~_.%ruly yours, Patricia C. Moore PCM/mr Enc. cc: Paul A. Caminiti, Esq. ?--['ACE o¢ HOUSE _%_ ,rE.~ ~ S-r' I3 E ~ K I (~ 0 / / / / William D. Moore Patricia C. Moore MOORE & MOORE Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 Tgi: (516) 298-5674 Fax: (516) 298-5664 Margaret Rutkow~ki Secretary Linda Kowalski, Clerk Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Owner: Premises: June 15, Variance Application Marilyn J. Morsch 630 North Sea Road, Southold, NY SCTM # 1000-54-05-16 Dear Linda: Enclosed please find survey dated March 15, 1994 and revised June 10, 1994 to include the deck dimensions. Also enclosed are four photographs of the subject deck. We have ordered a construction diagram of the deck showing the materials used including a cross-view diagram of the deck. Thank you for your assistance. If there is anything else the Board wishes, please do not hesitate to contact me. Very truly yours, Patricia C. Moore PCM/mr Encls. cc: Paul A. Caminiti, Esq. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267~of the.Town Law and the Code: of the To~vffi ~f Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS. at the Southold Town HAl/, 53095 Main Road, Southold~ New York 11971, on THURSDAY; JULY 14, 1994, commencing at the times specified below: 1. 7:30 p.m. AppL No. 4250 -- WILLIAM and HELEN CHILDS. Variance to the Zoning Ordinance, Article III, Section 100-33C based upon the March 29, 1994 Notice of Disapproval from the Building In- spector for permission to locate ac- cessory garage with reduced front yard setback(s) on this comer lot. The subject premises contains a total lot area of approximately 30,500 square feet and fronts along Brushes Creek, Peconic Bay Boulevard. and Mesrobian Drive. Street Address: 1780 Peconic Bay Boulevard. Laurel, N.Y.; County Tax Map Parcel No. 1000-145~-2.1 (prey. I & 2). 2. 7:35 p.m. Appl. No. 4252 -- DENNIS IL and ANN L. BANNON. Variance to the Zoning Ordinance; Article IliA, Section 100-30A:3; based upon the June 16, 1994 Notice of Disapprovfil from the Building. InspeCtor, for permission to locate proposed addition with an insufficient, rear yard setback. The subject prcmis. es contains a total lot area of approxi: marely 12.300 square feet and is a comer lot. Location of Property: 855 Mary's Road (a/k/a 645 Hamilton' Avenue), Mattituck, N.Y.; County Tax Map Parcel ID No. 1000-140-2. I. 3. 7:40 p.m. Appl. No. 4251 -- MARILYN J. MORSCH. Variance' to the Zoning Ordinance, Article IliA. Section 100-30A.3¢ based upon the-~' lune 6, 1994 Notice of Disapproval from the Building Inspector, for approval of an "as built" '~od deck addition with a side yard setback at less than the required 15 feet and less than the total side yards required at 15 and 20 feet. The subject premises. contains a (conforming)total lot area 0f 40,409 square feet in this R-40 Low-Den~it y f~Redide n fial 'Zone District. Property Location: 630 Norlh Sea Drive, SouthOld, N.Y:; County Tax m~p Parcel No~ 1000-54-5-16: 4. 7:45 p~m AppL No/4235 -- KIM FALLON and CYNTHIA SUTRYK. Re-Hearing pursuant to Resolution of Board of Appeals adopted June 13, 1994 to re-consider and re-hear appellants' variance ap- plication under Article Ill, ~ection. 100-33. based upon the April 4, 1994~ Notice of Disapproval from the' Building Inspector, to ocare acces- ~sory building/~,se n:'the front yard ~l area.-Locat~o0 0[ Pr0pi~rty~320ff ~ Soundvie ~¢t~Av~n de ~.;Mauituck N County Tax ~ap Parcel 1000-9~.2'-5'~'' at 580 Clea~iew Road, LotNo. 49: and part of 47 on the Development Map of Cedar Beach, Southold, N.Y.; County Tax Map Parcel No. 1000-90- 4-11.1. Thc subject premises is a waterfront parcel containing a total lot ' area of approxim'ately 45.000 sq. fi. (including Iow land subject to flood- ing) and is defined as a corner lot fronting along Clear View Road and a 6. 8:10 p.m. AppL No. 4254 -- DEPOT ENTERPRISES, INC. Variance is requested under Article' VII, Section 100-7lC (ref. 100-31C- 4, 100-33) and under prior variance~ determined May l I, 1993 under peal No. 4157, for permission to mod- ify the northerly yard setback for an accessory ball court. Location of Property: 320 Depot Lane and 29325 Main Road, Cotchognc, N.Y.; County Tax Map Parcel 1D No. 1000-102-2, 12.1. Subject premises is zoned Residential-Office (RO) and contains a iota{ lot ~ of 1.6+- acres. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in tho, 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 more information, please do not hesitate to call 765 - 1809 or visit our office. Dated: lune 27, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski 7988-1TIu30 t STATE0 NEW YORK) ) SS: _jOUNTY OF ({~/~t~ ~ of Mattituck, il said County, being duly sworn, says that he/sh, is Principal Clerk of THE SUFFOLK TIMES, ; Weekly Newspaper, published at Mattituck, it the Town of Southold, County of Suffolk an~ State of New York, and that the Notice of whicl the ~nnexed is a printed copy, has been regula~ ly published in said Newspaper once each weel for [ weeks sllccessively, commenein~ ol the ~)~ day of ~_~ 19~t~ . Nota~ VOUNSK! Publio, State of New Yo~t ~ No. 5004884 ~usl~k~l in Suffolk County ~ Principal Clerk Sworn tolbefore ~ 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 ~h~,~Sod~hold Town Hall, 53095 M.ain Road, Southold, New /York 11971, on THURSDAY, JULY 14, 1994, } dommencing at. the times .~specified below: 1. 7:30 p.m. Appl. No. 4250- WILLIAM AND HELEN CHILDS. Variance to the Zoning Ordinance, Ar- ticle 111, Section 100-33C based upon the March 29, 1994 Notice of Disapproval from the Building Inspector for permission to locate ac- cessory garage with reduced front yard setback(s) on this corner lot. The subject premises contains a total lot area of approximately 30,500 square feet and fronts along Brushes Creek, Peconic Bay Boulevard, and Mesrobian Drive, Street Address: 1780 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 100-145-4-2.1' (prey. l&2). · 2. 7:35 p.m.~ Appl: Ng.~ 4252- DENNIS R. and ANN L. BANNON.,: Variance'tO the Zoning Ordinance, Arti- cle IliA, Section 100-30A.3; based uponthe June~16, 1994 Notied of DisaOpro(,al fr6m the Building_ Inspector, for permission Io locate propos- ed additJ6n~ ~ith~a~i cient real Y~rd ~s~ba~k,'The subject premises contains a total' 10t %r~:4~ ~ 6f"~ipprox- imately 12.300 ~'sqf~re- feet ,and is a corn? lot. $.oeation of Properiy:.~'855~ Mary's~ "wood deck addition with a side yard~lack at less than the requilL~rl5 feet and less than the total side yards re- quired at 15 and 20 feet. The subject premises contains a (conforming) total lot area of 40,409 square feet in this R-40 Low-Density Residen- tial Zone District. Property Location: 630 North Sea. Drive, Southold, NY; Coun7~ ~' ty Tax Map Parcel No. 10~'-54-5-16. 4. 7:45 p.m. Appl~-No. 4235- KIM FALLON and CYNTHIA SUTRYK. Re- Hearing pursuant to Resolu- tion of Boa'rd of Appeals adopted June 13, 1994 to re- consider and rehear ap- pellants' variance applica- tion under Article Ill, Sec- tion 100-33, based upon the April 4, 1994 Nolice of Disapproval from the Building Inspector, to locate accessory building/use in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY~, County Tax Map Parcel//~ 1000-94-2-5. 5. 8:00 p.m. AppL No. 4253- JOHN AND MARY WISSEMANN. Variance based upon the June 16, 1994 Notice of Disapproval from the Building Inspector for permission.to construct ac- cessory garage building;with an insufficient front yard set- back at 580 Clearview Road, Lot No. 49 and part of 47 on ~the, Development~ Map of Cedar Beach, Southold, NY; COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, 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 successively, commencing on the ..... .... Swo~n to before me on this ...~('~..day of County Tax Map Parcel No. Notary 1000-90-4-11.1 The subject court. Location of Property: premises )s a ,waterfront ~;320,,~e, pPt:~a~'~and~29~25 8^RBfiRA A. parcel contalmng a total lot NOTARY PUBLIC, State of Ne~ area of appro~mately 45 ~ Co~t~ ~ ~ap ~rcel ID~o No. 48~ ~q: 'fL: ;~(incl~ding '10~ lafl~Noq[~102~2~2~-~ubject Qualified in ....... ~ ~ ' Commi~ion ~pi~ subject to flooding) and-is premlsesF~blS defined as a corner lot fron- Residential-Office (RO) ting along Clear View Road Road (a/k/a645;.Hamilton ~an~:apri~'ateright~9~-.*.Wa~y,:t~ Avenue),.,,Matt~t~c~, ~NY; tithe north. . County Ta~ M~i6 l~'~c6i,'IO ........ 6.,,8:10~p.m. No. 1~-1~;2-1:""~ '),','~ ~; 4254--,~EPO~' ' 3. 7:~ ~p~.~,~f:?~)t~ bPRiSE~, t~C.' 4251-"' ~MA:RILY~.?~}. queried Ufl~ei(X~ti~l~l~~ MORSCH.. Variance,to xhe Section 100-71C ~ (ref.. Zoning ~Oi4dih~e~WAYtiele l I IA,~ ,Secfi0ii ~,~!00:30A~3,~ based UP6 n~he~ne:~i~t 994, Notice of~Di~s;/p~rbval ~ro~. the approval of ,~nf'as~built'~, 100~31C-4), 100-33) and ~gn .d.eLpd~ rw~arian,~ ~eLmin~. ~:peal No. 4157 for permission to modify the northerly ~rd setback for an accesgory ball anbd contains a total Jot area fl6 -. re., ,,, ~ · lne I~oaro ol~ppeals will at said time and place hear any ~and,~all.~persons or APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD June 27, 1994 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TO: RE: Patricia C. Moore. Esq. Public Hearing - July 14. 1994 Dear Mrs. Moore: We are in receipt of your recent application under the Southold. Town Zoning Ordinance and. have.forwarded notice for publication~ this-week to the local and official newspapers 'of the Town, to. wit: Long, Island Traveler and. Sul~folk Times, Copies of your file have been distribute~ to the~ Boar~l Members for additional, review and. individual~ on,site inspection, expected, within the next 10 to 14 days. Since the desk is "as built." the Board Member ask. that the owners post a temporary sign in a conspicuous place vislble,,from the,,-roa(J indicating: that their property is the subject of a variance at-this time. A notice or sign should.be up to 1' x 2' in size and, be,located app~oximete~y 15 feet from the front proper~¥ line. Please ~t'emember that~ it will be necessary for 'one,:of the.property owners, or if the property owner is not available~ then someone~ fully familiar with the property, to appear~ at the public, hea~ing: at the, time, specified in the attached Legal., Notice. Also. the person, appea~ing at, the hearing: si'multi bring with him- a sketch shewing,the~trees an~'other screen~ng~that exist and are proposed. If you have. questions; please contact our office or call us 765-1809~ Yours'veFy truly, Linda. Kowalski Clerk, Board 'of Appeals Enclosure Copies of Legal Notice the followings6/27/94: Cynthia Sutryk and Kim Fallon 55 Harbor View Avenue Mattltuck, NY 11952 Dr./Mrs. Robert Hariri 61 Lafayette Avenue Chatham; NJ 07928 Scheffs Trust 3100 Soundview Avenue Mattituck, NY 11952 M/M Demetrio, Laveglia 97-24 116th Street Richmond Hill. NY 11419 Mr. and. Mrs; William Childs 1780 Peconic,Bay Boulevard P.O. Box 56 Laurel; NY 11958-0056 Mr. andMrs. Dennis Bannon P.O. Box 920 Mattituck, NY 11952-0920 Mr. Mark' Davis Mattituck, NY 11952 Mr. William Kelly (Builder for Wissemanns~) 22355.Cox Lane~ Unit #4 Cutchogue~ NY 11935 Mr. and Mrs.' John,Wissemann P.O. Box-52~ Southold; NY 11971 (for forwarding to Germany) Charles. J. Bleifeld, M.D. (Owner-of. 50' ROW'north-of Wissernanrt) North Shore Orthopedic Surgery/ 48 Route 25A. Suite 106 Smlthtown. NY 11787 Patricia C. Moore,- Esq. (Re. Morsch) P.O. Box 23 Westphalia. Road Mattituck, NY 1195~2-0023 Copies.to TOwn Clerk (TBS TA). P.B. and, Building, Depantment Copies of ZBA files, as of date of filing; to ZBA Members-6/2q/9~ for inspections Posted on Town.Clerk Bulletin Board 6/27/94 Delivery to Local Newspapers {Travele~,S Times 6/27/9u~) 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 June Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 8, 1994 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4251 Project/Applicants: County Tax Map No. Location of Project: Marilyn J. M0rsch 1000- 54,5-16 630 North Sea Drive, S0uth01d, NY Relief Requested/Jurisdiction Before This Board in this Project: Deck,as exists, has insufficient sideyard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk June 8, 1994 ZONING APPEAL APPL. NO. 4251 - MARILYN J. MORSCH Transmitted herewith is ZONING BOARD OF APPEALS APPL. NO. 4251 - MARILYN J. MORSCH together with a letter from Moore & Moore dated June 7, 1994, the Notice of Disapproval from the Building Department, the Application from the Building Department, the Notices to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, and a copy of the Survey Map. Judith T. Terry Southold Town Clerk William D. Moore Patricia ¢. Moore MOORE & MOORE Attorneys at Law 315 Westphalia Road P.O. Box 23 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 Margaret Rutkowsld Secretary June 6, 1994 Southold Town Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Marilyn J. Morsch Premises: North Sea Drive, Southold, SCTM # 1000-54-05-16 NY Dear Ladies/Gentlemen: Enclosed please find the following for the above referenced property: 1 2 3 4 5 6 7 submitted for a variance Notice of Disapproval Application Notice to Adjoining Property Owners Short Environmental Assessment Form Z.B.A. Questionnaire Original and six copies of a survey Filing fee check payable to the "Southold Town Clerk" Photographs will be provided prior to the hearing date, if you require them. If you have any questions, please do not hesitate to contact us. Patricia C. Moore PCM/mr Encls. OORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL © File No ................................ Date . ~.' .~. ...... 19 ~.. 5~.~ ...~~,..~... ~. ~. ~. PLEASE TAKE NOTICE th/at your application dated ~ ., ' ,19~ ,- , , , 7; ..................... r .... for pc=it to construe, ~ ~ ~~ ~~~¢ ~at .......... : ~...,.: ...... , ..... ~ .ouse IVO. Strut ...................... Cou.ty T~ M~p No. ~000 S~tion ....~7~-. .... ~oCk .... ~% ......Lot . /~ .. Subdivision ................. Filed Map No ................. Lot No .................. is returned, h.e. rewith and disapproved on the following grounds .~.,~.<....~..~...~_~_~--'~.. ~.~:/-.,~..:~, ~... ,~..~.~.~...~.. :~ ............... ~..~.~/...,~./.~.. ..... ~-./..~-~~ ......... -. :::.. :: 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQR For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDleted by ADDlicant or Project sDonsor) ' 3, PROJECT LOCATION: Initially J acres Ultimately / acres ~ttal ~ InGusttial ~ Commercial ~ Agriculture ~ Per. Fores,Open space STATE OR LOCAU? the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 · (Continued on reverse side) The N.Y.S. Environmental Quality Review Act reauires submission before any action is taken. I~NSTRUCTIONS: (a) In order to answer the questions in this short EA~ it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research Or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? Yes ~NO 3. Will project alter or have a large effect on an existing body of water? Yes NO 4. Will project have a potentially large impact on groundwater quality? Yes 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? Yes /No 7. Will project result in a major adverse effect on air quality? ~.No __Yes 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes No 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes No 11. Will project result in major traffic problems or cause a major effect ~o existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes ~3. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year Yes period or have a major negative effect on the charact~ of the co~ununity or neighborhood? Is there public controversy Concerning the project? · Yes ~ 'Z~A ~lq5 Date~__ FOR -w ~.~IJG 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. ) ls the s~]ec= ~remlses lis=aa On the real e ~ale or being shown to Prosuective b~vers~ { ~Yes mar~e= C. .Are ther~ ~zy 'm~upozal= ~ ~e ~ altar 1~ { J Yes { ~No 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map sUbmiTted with this application? ~9 3. Is the property bulkhea=ed between the wetlands area and the upland building area? /vD 4. 'If your ~roperty contains W~tlanus or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? '~o (If not applicable, state "N.A."] F. Are there any patios, concrete barriers, bulkheads or fen~-_s which e~t and are not shown cn t_~.e survey map that yOU ara SUbmitting? ~ . If none exist, please state "none." · G. Do you have any construction·taking place at this time concerning your premises? An~ If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner als~ own other land close to this parcel? ~m If yes, please explain where or submit copies of deeds. I. Please list present Use or operations conducted at this parcel proposed use /~J~64~ and Au~:norzze~ $ign~uure an~ Daue ~ 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. Tlq. USTEES __ The Board of Trustees of the Town of Sou=hold. [Added 6-5-~4 by L.L. ~N'o. 6-1954] 'gv'~ ~--r--~-\~DS [Amended 8-26-76 by L.L. No. 2-1971~; 3-26- A. IIDAL'~VETLANDS: (1) All ~ands generally cevered or in~rmi:ten:ly cov- ered with, or which bor~er on. :idal w~. or (ands lying bene~:h tidal wz~er~, which a: mean low ~ide ~re covered by ~idal w~:ers ~ a maximum dep:h five (5) feet. includin~ bu~ no~ H~ited ~ bank~ bogs. salt marsh, swamps, mezdows, ~a~ or o~her ~ow lyin~ ~ands subj~c: ~ ~idal action; (2) All banks, bogs. meadows, fla~ ~nd tidal subject to such ~ides ~nd upen which grows or ~y zrow some or any of the foHow{n~ sal~ hay, black ~r~ss, saltwort, sez ~avender. ~11 cordless, high (3) Ail ~d immediate~Udja~ent~ a tidul w~iand defined in Subsection A(2I and lying within seven- ty-five (75) feet landward of the mos~ landward edge of such u tidal well,nd. B. FRESHWATER WETLANDS: (1) "Frcshwa:cr wedands" as defined [n Article 24. tlc 1. ~ 2.1-0107. Subdivisions l(a) io l(d) inclusive. of thc ~nvironmcnmi Con~erv~ion Law of the S~te of New ~or{<; and (2) Ali {and immediately ad~ccnZ io u"frcshwaler we~- . n~ as dchncd in Subsec~ on B(1) ~nd lying with- m seveniy-five (75] fce~ }u,,dward of the most {~nd- Ward cdgc of a "freshwu:cr wed~nd." 9705' . I' R-80 R~-80 SO U THO£ 0 ] (~ COUNTY OF SUFFQtK I~ SOUT~OLD Real Property Tax Service Agencyl~ RECEIPT JUDITH T~ TERRY, TOWN CLERK Town of Southold Southold, New Yo~ 11971 Phone: 516- 765-1801 DATE RECEIVED OF: o CAS. 050799 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Marilyn J. Morsch totheBoardofAppealsoftheTownnfSouthold Tracy'C. Demos & Helen Demos Blanche Seibert Laurence & Jacqueline Herzog Town of Southold NOTICE TO ADJACENT PROPERTY~OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~(:~FcX,~Di~z~f:~Xi~(~F~Xa~'Zri(~ (Other) [circle choice] for an unenclosed wood deck 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: Marilyn J. Morsch North Sea Drive, Southold Suffolk County Tax Map # 1000- 54-05-16 That the property which is the subiect of such Petition is located in the following zoning district: R-40 4 Thath~suchPetition, theundersigned willrequestthefollowingrelief: to allow a wood deck set back 5.0 feet at the closest Point 6.8 feet from the side yard.to remain and $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Sect/on 100-30A. 3 [ ] 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 Southotd Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 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. . Patricia C. Moore, Attorney Dated: June 6, 1994 Moore & Moore 315 Westphalia Road, Mattituck NY 11952 Petitioner Marilyn J. Morsch Owners ' Names: Post Office Address P.O.Box 23 Mattituck N.y. 11952 Tel. No. ( 516 ) 298-5674 [Copy of sketch purposes.] or plan showing proposal to be attached PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM~ Tracy C. Demos & Helen Demos Blanche Seibert Laurence & Jacqueline Herzog Town of Southold ADDRESS 10-04 149th St., Whitestone,~NY 11357 255 Lowell Ave., Floral Park, NY 11001 99 Elm Street, Huntington, NY 11743 53095 Main Road, Southold, NY 11971 N STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Margaret Rutkowski 0 residing at Theresa Drive, Mattituck, NY , being duly sworn, deposes and says that on the btn day of June ,19 94 . 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 thc names of said persons are the addresses of said persons as shown on the current assessment roil of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Mattituck, NY ;thatsaid Notices were mailed to each of said persons by (certified) ~aa~Ke~) mail. Sworn to b~::~.~ me this Notary Public IW. llllClA ~. MOORE 6th 94 (This side does not have to be completed on form transmitted to adjoining property owners.)