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HomeMy WebLinkAbout4252 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. 4252: Upon Application of DENNIS R. and ANN L. BANNON. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, based upon the June 16, 1994 Notice of Disapproval from the Building Inspector, for permission to locate proposed addition with an insufficient rear yard setback. The subject premises contains a total lot area of approximately 12,300 square feet and is a corner lot. Location of Property: 855 Mary's Road (a/k/a 645 Hamilton Avenue), Mattituck, NY; County Tax Nap Parcel ID No. 1000-140-2-1. WHEREAS, a public hearing was held on July 14, 1994, at which time any and all persons who desired to be heard were heard and their testimony recorded <no opposition was entered>; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, the present use and building(s), and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 2, Lot 1; known and referred to as 855 Mary's Road (or 645 Hamilton Avenue), Mattituck; and consisting of Lot 36 and the southerly two-fifths of Lot 35 on the preexisting Subdivision Map of Garden Heights; (b) is nonconforming as to total lot area containing a total lot area of approximately 13,000 sq. ft., uniquely with frontage along three roads; (c) is improved with a single-family, two-story frame dwelling - with setbacks as more particularly shown on the Page 2 - Appeal No. 4252 Application of DENNIS R. BANNON Decision Rendered July 14, 1994 survey prepared July 24, 1963 by Otto VanTuyl & Son, Land Surveyors. The dwelling was built prior to 1957 - the date zoning was first enacted. The applicants purchased the premises on September 19, 1975; and (d) is regulated under Section 100-244B of the Zoning Code pertaining to lots with less than 20,000 sq. ft. {as enacted January 1989}. 2. By this application, appellants request approval for a new addition in the westerly (rear) yard area. The new addition is proposed at this time for an open deck and is requested to be 29 feet at its closest point from the westerly property line. Appellants have reserved the right to enclose the deck in the future, by appropriate building permit application, for possible additional livable floor area. The proposed extension will not extend beyond the established northerly line of the house. 3. The code requirement for the rear yard setback on a nonconforming parcel of this size is set at a minimum of 35 feet for new construction, or at the established nonconformity - which presently is shown to be 33 feet, as built. 4. It is the position of the Board that the amount of relief requested for a reduction from the present 33 ft. setback to 29 feet due to the angle of the proposed deck addition is not substantial. (No other relief appears to be necessary for insufficient setbacks as shown on the sketch prepared by the applicants in this application.) 5. In considering this application, the Board also finds: (a) there is no valid public purpose which outweighs the applicant's difficulties for a four-foot variance, and the size of the deviation is de minimus; (b) a substantial change will not be produced in the character of the neighborhood; (c) the difficulty cannot be obviated by some method feasible for the applicant to pursue other than another variance; (d) in view of the manner in which the difficulty arose and the fact that additional land area is not available for placement of such an addition without a variance, the Page 3 - Appeal No. 4252 Application of DENNIS R. BANNON Decision Rendered July 14, 1994 interest of justice will be served by allowing the three-foot side yard reduction. (e) the applicant's difficulties are not self-created, and the location of the proposed addition is most feasible as chosen, which is a rear yard rather than one of the remaining front yards. (f) the difficulties are uniquely related to the layout and general character, shape and size of this parcel and are not personal to the landowners; (g) in considering all of the above factors, the interests of justice will be served by granting this four-foot reduction in the westerly yard, as requested. Accordingly, on motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, to GRANT the requested reduction for a setback of 29 feet in the westerly rear yard area for a new addition to the existing dwelling, as requested. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa, and Wilton. This resolution was duly adopted. lk GERARD P. GOE~GF~, CRAI~ RECEIVED AND /LED BY THE SOUTHOLD TOWN CLERK DATE HOUR ¥ Town Clerk, Town ol Souf!~ci:i 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 public.hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS. at, the ~outhold Town Hall. 53095 Main,Read. Southold~ New York 11971. on THURSDAY. JULY 1~. 199~. commencing at, the times specified below: 1. 7:30 p.m, AppI. No. ~250 - WILLIAM AND HELEN CHILDS~ Varlar~ce to the Zonin9 Ordinance. Article III. Section 100=33C based upon the March 29. 199~ Notice of, Disapproval, from the Building Inspector for permission to locate acc~-~e~/ garage with reduced front yaed setback(s). on this corner lot. The subject premises contains a total lot area. of~ approximately. 30.S00 square feet and fronts along Brushes Creek, Peconic Bay, Boulevard, and Mesrobiaet Drive, Street Address: 1781), Pe~oni~Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-1e~5-q-2.1 (prev. I S 2). 2. 7:35 p.m. AppI. No. 4252.- DENNIS R. and ANN-L. BANNON. Variance to the Zoning Ordinance. Article IliA. Section 100-30A;3. based upon the June 16. 199~ Notice of. Disapproval from the Building Inspector. for Page .2 - Notice of~ Heari~F of. Southold Town Board Is Regular Meetins)of July 1~, 19ga. permission to locate proposed addition with an insufficient rear ymed setback. The subjeot premises contaifls**a total, lot area of, approximately 12,300 square ,feet and is ,a corner lot. Location of, Property: 855 Mary's Road {a/kla 6q5 Hamilton Avenue), Mattituck. NY: County Tax Map Parcel ID No. 1000-1q0-2-1. 3. 7:~0 p.m. Appl. No. q251 - MARILYN J. MOR$CH. Variance to the Zoning Ordinance. Article~lllA. Sectien 100-30A.3. based upon the June 6. 199~ 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 totat side yards required at 1S and 20 feet. The subject premises centains-a ;[conformlm3)- total, lot area of tlO.~09 square feet in this. R-qO LowrDensit¥ Residential Zone District. Property Locatien: 630 North~ See Drive~- Southold~ NY; County Tax Map Parcel No~ 1000-5~-5-16~ q. 7:~5 p.m. Appt.: No. ~235 - KlM FALLONand~CYNTHIA.SUTRYK. Re-Hearing pursuant: to Resohation of. Board, of, Appeals ,adopted June 13. 199~ re-consider and re-hear appellaats~ vm, la~c~appli~Gen under Article III. Section 100-33. based upon the. April ~.~ 199~ Notice of Disapproval from the, Buil~qng Inspector~ to Icicle,accessory buikling~tme in the front yard area. Locatien of, Property: 3200 Soundvie~r. Avenue, Mattltuck. NY: County Tax Map Parcel 1000-9~-2-5. Page 3 - Notice of~ Heari~ Southold Town Board of- ,/~lS'peals Regular, Meeting of;July 14. 199q 5. 8:00 p.m. Appl. No. 4253 - JOHN AND MARY WlSSEMANN. Variamce based upon the June 16. 199~ Notice of Disapprovat, from the Building Inspector for permissima to~ construct accessory garage buildin~ withe.an insuff~lcient front ~ya~d setback at580 Clearview Road. Lot No. e.9:and part of 47 on the Development Map oft Cedar Beach. Southold. NY; County -Tax Map Parcel No. 1000-90-4-11.1. The subject premises isa waterfront parcel containincj a total lot area of approximately, 1~5.000 sq~ ft. (including Iow land subjest to flooding) and is defined as a corner lot fronting along Clear View. Road and a private,right-of-way to,the north. 6. 8:10 p.m. Appl. Ne. 425~- DEPOT ENTERPRISES; INC. Var, lance is· requested under Article-VII. Section 100-71C (ref. 100-3tC-q. 100-33) and under prior vaeiance determined May 11. 1993 under Appeal Ne. u,157.. for permission to modify the northerly yard setback for an ac~ery ball court. Location of~, Preperty:,~ 320 Depot Lane and 29325 Main~ Road. Cutchogue. NY; County Tax Map Parcel ID No. 10G0-102~2-12.1. Subject premises is: zo. ed Residential~fice- (RO), and contains, a ~otal. ~lot area ,of 1.6+- acres. The Board of~ Appeals-will, ,at. said time and place hear any.* ar~t all persons, or, representatives desirin~ to be .heard in, th~ above ~matters. Writte~ comments, may,als~ be submitte~ prior, to,the co~cluslon of~ the subject hearing. Each hearin9 wii~ not- start before the times, deaigna~ed above,~ If you wisl~, to , .review. any,,of~ the -above,-files or, woulei~like,-to request. ,more infor~nstio~, please d~ nol~ hesitate, to; cai4 .76~-1809 or, visit our office~ Dated: June 27. 199~. BY ORDER*OF THE,SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER;' CHAIRMAN By Linde Kowalski X FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE~that your application dated County Tax Map No. 1000 Section .... ~ .... Block ...... ~ · ~... Lot ..... ~ ...... Subdivision ................. Filed Map No ........ ......... Lot No .............. :... · / · " nenn t RV 1/80 BLDG. DEPT. TOWN OF SOUTHOLD FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-t802 (Building Inspector) APPLICATION FOR BUILDING PERMIT lARD OF HEAI. TIt ......... SETS OF PL.~,~S .......... · ~-SURVEY ................... CIIECK .................... SEPTIC FORH .............. t:OTl FY: CALL ................... HAIL TO: INSTRUCTIONS a. This application must be o sets of plans, accurate plot plan to b. Plot plan showing locatio~ or areas, and giving a detailed des cation. c. The work covered by this ~ d. Upon approval of this appl shall be kept on the premises avafl~ e. No building shall be occu[ shall have been granted by the Buff (516) 298-8577 'Builder:.. RemOdel~r- Licens~llnsur~ ................... Free Estimates ted to the Building Inspector, with 3 adjoining premises or public streets diagram which is part of this appli- Building Permit. 'ermit to the applicant. Such permit ~ver until a Certificate of Occupancy APPLICATION IS HEREBY ~ ~f a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and-other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections - .-~.~.,:,...-]B.c~.en .................. -- , .//e-(S~grAa.tgr~.x~;_gppli~i~llg, or nam% if a corporation) ....... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ~e of owner ofp~emises .-2:e~.,;,~ .%~m (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. t.o~.. ~.~. r.~../ ............ Plumber's License No ......................... Electrician's License No ....................... Other Trade's.. License No ...................... ~ ~/TZ~iL-~i;i~ I..';'~,L) "'' ?;'', Location of land on which proposed work will be done. ~..../~J~...~"1 ................ } ............ ' (~..~....o~. ~,. ~. ~..~.. ~t.~,/¢.o.~..~ .~. :k~. i ......... i .................. House Number Street Hamlet "' Connty Tax Map No. 1000 Sect on/f.~..0,..~~ck ........ . :~.. ...... Lo .. o~... t. Subdivision ..................................... Filed Map No ............... Lot .... · ........... (Name) State existing Use and occupancy of premises and intended use and 9ccupancy of proposed construction: a. Ex~st~ng Use and occupancy .. .c .~..~. ................................... b. Intended use and occupancy ~)~-.~ ...... ./.. ..................................................... 3. Natu~of work (check which able): New Building ........ A on .......... ......... ... · .. . Repair... . · · Removal ....... _. ....Demolition ............. Other Work s~ ~ ~ (Desc~pti~) 4. Esti~ed Co t...~... (to be paid on fiti~ ~a~lication) If dwelling, number o f dwelling units .......... i .... Number of dwelling units on each fl~'..~ .............. _~ I~.~, n~r of ~ ................... . ........................... ~ ............ 6. bu~ ~mm~lal or m~xed occupant, speedy nature and extent of each t" ' ~ ''' 7. ~e~lo~ ~existin~ s~ct~ ;r ..... ~.~-~ . Y~ ofu~ .... ~ ................ - ----, -- -,,z. ,-,u,~ ............... Rear .. H~I ............... Number of Sto~ ........................ ~ ......... ~ .... ' ........... D~ of~e ~c~m wi~ ~te~tions or ' additions: From " .......... *"' '~' ' ' ~" .......... ............... · .... . ................ ................ 8. D~e~o--~r--~-=-~' ~ ..~e~t .... ~i~'~'~ .......... Num~rofSt~s..'... ,..... ~el~t ..... , ......... NUmar of qt~e ............. ~ .. .............. 9. S~zeoflot: F~t ~ · ................................ 10.~ Date of Purc~ ................. ~e~ ...................... Dep~ ........... ' ~ ~ ~ ..... - .... · ........... ~; ....Name of Foyer O~er ~ ~ u, w,.~ p~m~es ara ~mate~ .............. . ........ - · ~' ~.~ ~ ~on~tion violate any zo~g hw, o~ance or regulation: ~0... ~. ~' ~ ~ ~,~'~,~ :~ ~ .... · ~u~ oi ~ner olp~ises ~P~I~ ........ -. . .~ ·. Addre~ ... , ~e of ~hltect ............ .~ ' ............... ~. -a .~ ..... ........ N~ ot~,+~+~. ~ ~1. ~ ........... ~oo~ ~ .................. i~. ~S this property within 300 fi-' -~ - ~' ~"--~ az yes, SouChold T---- ~ ...... . . ._ _ - .......... -. P~T DIAG~ Locate clearly ~d ~cfl~ ~ bufld~, whe~er ~ist~g or proposal, f~ prope~ ~. Give s~et ~d ~ock nmber or de~pfion a~o~g to deed, ~d ~ow ~tefior or comer loL STATE OF NEW YORK, COUNTY OF. S.S ..................... being duly swoi;n, deposes and says that he~.lhe applicant (Name o(~m;Ijyidual signing contract) ~bove named, t-~.~. ~ ~, ~, ~,. (Contractor, agent , corporate ..... office;, 'c't~ ~. ............................ ~ Said ow.ncr or owners, and is duly authorized t ~lication, that ali statements contained in this applicagon are true to the best of his knowledg, ~%rk will be performed'in thc manner set forth in the application filed therewith. ~,.~orn to before me this ................... day of ..... ?' JUI¢ J ?1994 RECEIVED .. JU~ ! 7 19~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR $ou~hold Town Clerk D^TE ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of ~ppellont Street and ~L[C ~' ~ta~/Z'~ ..... HEREBY APPEL TO THE ZONING BOARD OF APP~L5 FROM THE DECISION OF ~E BUILDING INSPE~OR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit / Street and Number Municipaliw (~) PE~IT TO USE ( ) PERMIT FO~ OCCUPANCY / FuTurG ' D~s~c~ ~000 Section I~o~oc~ ~ Lo~ / ~op No. - L~t No. P~ o~ O~n~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~t~-A Section 3. I~KPE OF APPEAL Appeal is made herewith for (please check appropriate box) (Z A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack o~ access (State of New York Town Law Chap. 62 Cons. Lc~vs Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS ~PPEAL A previous appear"-('C,~e~ ~ been made with respect to this decision 6f the Building Inspector or with respect to this property. · ' S~ch appeal was ( ) request for a special permit {,x~ request for a variance (~,.}cl, f';~'w and {vas made in Appeo! No ..... ~ ......................... Dated .................. ~ ......... -t ...... ; ................................. REASON FOR APPEAL ·, A Variance to the Zoning Ordinance ( ) ts requested for the reason that ~-,4~,t_y,~,,.=,~.~ ~,~,.4cI~'(~ ~11~c,-'' CZars l~orm (Continue on other side) REASON FOR APPEAL, 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because 2. The hardship created is UNIQUE and is nat shared by all properties alike in the immediate vicinity of this property and in this use district because CHARACTER OF THE DIS iI<ICT because The Variance would observe the spirit of the Ordinance and ~VOULD NOT CHANGE THE COUNTY OF ) . Signature · Sworn to this . ' ~ NOTARY PUBLIC, STATE OF NEW YORK ~ I'E~M EXPIRES,~,~JP-~92° TOWN OF SOUTHOLD PROPERTY RE( ORD CARD OWNER N E ACR.~ ~. J FORMER S W TYPE OF BUILDING RE5/)'~ S~S. VL. ,' FA~ COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE ~//~/q% FA~ / Acre Value Per Value Ac re Tillable i Tillable 2 Tillable 3 Woodlon~ Swampland . FRONTAGE ON WATER HO~,* Plot ~ DEPTH .:~;.~-. ~ : ' ~-~; ~ '. ". ;~' BULKH~D M. Bldg. Extension J Extension Extension TRIM ,,,~ ~':1 ~' Foundation Basement Ext. Walls Bath j Interior Finish I Heat Fire Place Type Roof ~c~.(./.~ Rooms 1st Floor Porch Recreation Room Rooms 2nd Floo~ Dormer Drivewoy Porch Breezeway Garage Patio I O.~B. Total :fi '1 Regular Meeting of July 14, 1994 Southold Town Board of Appeals 7:48 P.M. MR. CHAIRMAN: Appl. No. 4252 - In behalf of DENNIS R. and ANN ~"~'~)N. Variance to the Zoning Ordinance, Article IIIA, S~ction 100-30A.3, based upon the June 16, 1994 Notice of Disapproval from the Building Inspector, for permission to locate proposed addition with an insufficient rear yard setback. The subject premises contains a total lot area of approximately 12,300 square feet and is a corner lot. Location of Property: 855 Mary's Road, (a/k/a 845 Hamilton Avenue), Mattituek, N.Y.; County Tax Map Parcel ID No. 1000-140-2-1. I have a copy of a survey from Robert Van Tuyl P.C.. The nature of this application is a porch or deck within the front yard area and I have a copy of the Survey County Tax Map indicating this and surrounding properties in the area. Officer Bannon how are you tonight? Would you hke to explain to the Board what you're doing there. DENNIS R. BANNON: What we would like to do is put a porch to the only side of the house that doesn't have a road on it. I'm on an unusual situation. It's going to be approximately 16 feet from the south side, 6 feet from the north side and about 30 feet across. At a future date I possibly like to enclose it as possible. It would be a hardship for me to sit, to have according to the 30 some odd feet from the, my neighbor's property, which is Frank Swiatocha, next door because it would not give me sufficient room to park my vehicles next to it which we've used as a driveway. I spoke to Mr. Swiatoeha and I also gave him legal notice that what I'm doing and he has no objection to it. But I would like to put the porch on. It's something 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 MARILYN J. MORSCH: 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 less than the total side yards required at 15 and 20 feet. The subject premises contains a (conforming) total lot area of 40,409 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 25, 1994 Mr. & Mrs. Dennis Bannon 855 St. Mary's Rood Mattituck, N.Y. 11952 Re: Appl. No. 4252 - (Variance) Dear Mr. & Mrs. Bannon: 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 Admlni-tmtive Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconie Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. This copy is for your update and recordkeeping. Very truly yours, Enelosurs Linda Kowalski, Clerk Boord of Appeals ~'-/l::p' ~'/~/"' ICOUNTY OF SUFFOLK ROBERT J* GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING July 20, 1994 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Comission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Kostoulas, Tony & Maria Kostoulas, Tony & Maria Bannon, Dennis R. & Ann L. 4098 4248 4252 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner 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_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 CuLu,~ssion: XX Variance from the Zoning Code, Article III^ , Section 100-30A.3 Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4252 Applicant: Dennis R. and Ann L. Bannon Location of Affected Land: 855 Mary's Road, Mattituck, NY County Tax Map Item No.: 1000- 140-2-1 Within 500 feet of: XX Comments: with an __ ' Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Applicant is requesting permission.to loca.te ~ p~posed addition insufficient rear yard setback 'Copies of Town file and related documents enclosed Dated: July 19, 1994 for your "review. 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 18, 1994 Mr. and Mrs. Dennls Bannon 855 Mary's Road Mattltuck, NY 11952 Re: Appl. No. 4252 (Variance for Addition in Rear Yard) Dear Mr. and Mrs. Barmon: Please find enclosed a copy of detemination rendered Thursday evening by concerning your variance application. the findings and the Board of Appeals Please be sure to return to the Building Inspector and any other agency which may have jurisdiction for issuance of a building permit and applications approvals for the new addition. We have furnished copies of this approval to the Bulldlng Department office for their update and permanent recordkeeping. Also, we have transmitted a copy of this file to the Suffolk County Department of Planning in accordance with the Suffolk County Administrative Code rules and regulations pertaining to projects located within 500 feet of a county road. Once ~e have received their mitten response, we will fomeard a copy to you for your permanent recordkeeping. Very truly yours, Enclosure Copies of Decision to: Town Building Department County Planning Commission Linda Kowalski, Clerk Board of Appeals Copies of Legal Notice s~ to the following:6/27/94: Cynthia Sutryk and. Klm Fallon 55 Harbor View Avenue Mattituck. 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. Box56 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 Cutchogue~ NY 11935 Mr. and Mrs. John.Wissemann P.O. Box 524 Southold, NY 11971 {for forwarding to Germany) Charles* J. Bleifeld, M,D. (Owner-of. 50' ROW:north-of Wissemanrt) North Shore Orthopedic Surgery 48 Route 25A. Suite 106 Smithtown. NY 11787 Patricia C. Moore.- Esq. (Re. Morsch) P.O. Box 23 Westphalia Road Mattituck. NY 11952-0023 Copies. to Town Clerk [TBS TA). P.B. and. Building. Department Copies of ZBA files, as of date of filing; to.ZBA Members for inspections Posted on Town Clerk Bul,letin 'Board 6/27/9L~ Delivery to Local Newspapers (Travele~*.S Times 6/27/94) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robe~ A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD June S.E.9.R.A. TYPE II ACTION DECLARATION Appeal No. 4252 Project/Applicants: County Tax Map No. Location of Project: Dennis and Ann Bannon 1000- 140-2-1 855 Mary's Road, Mattituck, Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 17, 1994 NY Relief Requested/Jurisdiction Before This Board in this Project: Deck addition with an insufficient rear yard 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 1197 I Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk June 17, 1994 ZONING APPEAL APPL. NO. 4252 - DENNIS K. BANNON Transmitted herewith is ZONING APPEAL APPL. NO. 4252 - DENNIS K. BANNON together with the Notices to Adjacent Property Owners, the Zoning Board of Appeals' Questionnaire, the Short Environmental Assessment Form, the NOtice of Disapproval from the Buidling Deparment, the Application for Building Permit and a copy of the Survey Map. Judith T. Terry $outhold Town Clerk Southold Town of Appeals -6- April ~ 1980 n of Property: 500 and 540 Maple Avenue bounded by Smith, west by Latson, south b Latson, east lple Avenue. County Tax 1000-64-1-20 & and No. Vote of the Board: and Goehringer. Absent: Messrs. tonis, Tuthill, Doyen ~lass. On motion made by Mr it was RESOLVED, t( Meeting of Board. Vot~ the Board: and ~er. , seconde~Goehringer, the minutes of the March 2~0 Ayes: Messrs. Grigonis, Tuthill, Doyen Absent: Messr. Douglass. , · . PUBLIC HEARING: Appeal No. 2681. Application of SIDNEY BEEBE, Main Road, Cutchogue, New York (account of Dennis R. and Ann L. Bannon), for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addi- tion with an insufficient frontyard setback. Location of property: Corner of Hamilton Avenue, Mary's Road, County Road 27, Mattituck; bounded north by County Road 27, west by Swiatoccha, south bI, Hamilton Avenue, east by County Road 27 and Mary's Re, ad. Tax Map Item No. 1000-140-2-1. The Chairman opened the hearing at 8:00 P.M. by reading the application for a variance, legal notice of hearing and affidavits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. CHAIRMAN: We have a copy of the survey showing the proposed addition. Is there anyone here who would like to add anything to it? SIDNEY BEEBE: There is really no other place for it to go. Like you say, this is all front yards. In the back yard is his driveway and parking, so I don't know where else it could go. If you went near the County Road, you would more or less be blocking the corner of Mary's Road. And this is a very lightly traveled road-Hamilton Avenue. CHAIRMAN: Looks almost like a private, dead--~nd road or something there. MR. BEEBE: It is, more or less. I believe it's only one way, right. You can only go into it from the County Road. You can't get on to the County Road from that. Southold Town Board of Appeals -7- April 10, 1980 CHAIRMAN: Is there anyone else that has something to say for it? DENNIS R. BANNON: The house points, the front of the house points towards Mary's Road, and this is what my wife and I consider the front of the house, and Hamilton Avenue would be more aesthetically proper to put it on that side, because we have a 'porch on one side, the front of the house on this side, and the Hamilton Avenue side is sort of a blank side. You know, it would be the only good place to put it. CHAIRMAN: Another thing that we noticed the other day in favor of it, too. When you come out of Hamilton Avenue, the cut there where the road is cut down, the bank along side of it you have to get out past it anyway before you could see. And adding something on there wouldn't be any obstruction to the view. ~. BANNON: On that hill there is where we would be putting it on. You know, there are no obstructions at all. CHAIRMAN: Is anybody opposed to it? (There was no response.) MEMBER GOEHRINGER: Mr. Bannon, is this going to be a one or two story? MR. BANNON: One story. ~.~EMBER GOEHRINGER: Thank you. CHAIRM~N: It's a 20-foot addition, isn't it? MR. BANNON: Right. MR. BEEBE: 20 by 24. ~.~MBER TUTHILL: Well, since I live right in the area and know that property very well, I agree with the reasoning of the applicant, and I move that we grant him the relief which he had applied for. ~MBER GOEHRINGER: I second it. After investigation and inspection, the Board finds that the applicant is requesting permission to construct a 20' x 24' addition at the southeast side of the subject two-story dwelling. The Board has found that the subject lot is situated in such' a way that it has mostly frontyard area, leaving a very limited practical area in which to construct the addition. The Board finds that the circumstances present in this case are unique, and that strict application of the ordinance would produce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the zoning ordinance. Southold Town Board ppeals -8- April 10, On motion by Mr. Tuthill, seconded by Mr. Goehringer, it was RESOLVED, that in Appeal No. 2681, the applicant, SIDNEY BEEBE on account for DENNIS R. and ANN L. BANNON, be GRANTED a Variance to the Zoning Ordinance, Article III, Section 100-31 permission to construct a 20' x 24' addition with an insufficient frontyard setback, as applied for. Location of property: Corner of Hamilton Avenue, Mary's Road, County Road 27, Mattituck; bounded north by County Road 27, west by Swiatoccha, south by Hamilton Avenue, east by County Road 27 and Mary's Road. Tax Map Item No. 1000-140-2-1. Vote of the Board: Ayes: Messrs. Grigonis, Tuthill, Doyen and Goehringer. Absent: Messr. Douglass. motion made by Mr. Grigonis, seconded by Mr. Tuthil] was RE~ held SD, to approve the minutes of the Special Me 31, 1980. Vote of Board: Ayes: Messrs. Grigonis, , Doyen and Goehrin< Absent: Messr. Douglass. On motion made by was '. Grigonis, secon¢ by Mr. Tuthill, it RESOLVED, the Firemen's , Inc. be GRANTED permission to postc advertising their "Old Fashioned Firemen's Parade to be held in Mattituck on Saturday, 1980 within the Southold Town area with the condition the posters be removed nct la~zer than 'the week of L7th. Vote of the Board: Ay~ .\Grigonis, Tuthill, Doyen and Goehringer. Absent~ Dougl~. nn~unced * * *r fiv~'n The Chairman a a recess fo utes. The meeting reconven~a% 8:15 P.M. ~ PUBLIC IH G: Appeal No. 2679. Applicati RAYMOND and ANNA Cl ~IA, Main Road, Greenport, New York (by ~mes Bitses, ) for Variances to the Zoning Ordinance: ~[a] Article Section 100-31 and Article VIII, Section 1~0-81 Bulk S e, for permission to construct dwelling with\ . front and side yards, lb] Article VIII, Sec- , for permission to establish dwelling use in a C-~ Location of property: Southerly side of Kerwin , Greenport; Lots No. 159 and 160, "Peconic Bay ~'NOTICE OF PUBLIC HEARING NOTICE IS HEREBy GIVEN, New Yod~ 11971, on T~DAy~ Y~ ~k(s) on ~s ~t ~ ~ along B~sh~ C~ 1~80 ~onic Bay ~u~v~ DE~ ~ ~d ~ ~'B~ON. ~R~ J. MOOCH. V~anc~ $ga ~ge ~outho d 'N Y~ICou~tv SUTR~K R~-Headng pursuan(o ~opied l~e 13, rl~4 tO ~:~nsider-. ~nd MARY WISSEMANN'. · Varian~baged u~n-tthe June I~.' ~ ~s~ct a~e~ g~ building ~unty~ax Map P~cel No. I~ 4-11.1. The subject premises ~s a ~a of appmxi~alely 45.~ sq. fL (i~lu~ng Io~ 1~ gubj~ to lng) and is d~fined as a co,er lot ~n~ng ~long ~1~ View R~ ~d a ~te H~l-of-way m ~e ~. 6. 8:10 p.m. Appl. No. 4254 DEPOT ENTERPRISES, INC. Variance is ~quested under Article' 4. 1~-33) and under prior fly &e no~ly ~d sa~k for ~ pccesso~ ball court. Location of ~ ~'320 ~t ~e ~d 29325 12.1. Subject premises is zoned Residential-Office (RO) ~d con,ins · " ~e B~ of Apes ~i a~ ~d comments ~ay also be submitted he~ng. ~ch he~ng will not ~fo~ the ti~s d~i~t~ ~ve. If files or would like to ~qudst mom Dated: 1uno 27, 19~, BY 0~ OF SO~O~ ~WN BOARD OF APP~ GERARD P. ~E~INGER; - CHAPMAN By ~ Kow~ski 7988-1TJu30 STATE~ NEW YORK) ) SS: of Mattituek, said County. being duly sworn, says that he/sh, is Principal Clerk of THE S~tczcOLK TIMES. Weekly Newspaper. published at Mnttituck. h the Town of Southold. County of Suffolk State of New York. and that the Notice of whlc] the annexed is a printed copy. has been regulax ly published in said Newspaper once each weel for [ weeks s~ccessively. _commencing o~ the ~ day of ~_~ 19~_~ Ou~llfl~l in Suffl~k Count~ ~ Principal Clerk 8worn 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 bearings will be held by the SOUTHOLD TOWN. BOARD OF APPEALS, at :ah~,,hSotilhold Town Hall, 53095 Main Road, Southold, New York 11971, on THUR~SDAY, 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, Ar- ticle III, Section I00-33C 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 upon the June 16, 1994 Notic~ of Disapproval from the Building Inspector, for permission to locate propos- ed addition with an insuffi- cient rear yard setback. The subject premises contains a total lot'area of approx- imately 12,300 square feet ,and is a corner lot. Location of Property: 855 Mary's Road {a/k/a 645 Hamilton Avenue), Matfituck. NY; County Tax Map Parcel JD No. 1000-140-2-1. 3~ 7:40 p.m. 'AppL NO/tv ~-251-' ' MARILYN J'. MORSCH.-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~ack at less than the requn~'l~' 15 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: 63O North Sea Drive, Southold, NY; Court7~v ty Tax Map Parcel No. 1iX~-54-5-16. 4. 7:45 p.m. Appl.-No. ' 4235- KlM FALLEN 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 Notice 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 Tax Map Parcel No. 1000-90-4-11.1 The subject premises is a ~waterfront parcel containing a total lot 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 day , of ..... '~ ~:~2[: ........... t 9.77 ~ Sworn to before me on ...~2..day of this Notary Public court. Location of Property: ~20 .Depot 'Eane'and 29325 BARBARA k SCHNEID~ z~fdm Road, Cutchogue, N~ NOTARY ~[IBUC. State e{ Ne'~ area of~pproximately 45,000 Co%'nty'Tax Map Parcel ID~_, -o No, 4806846 sq. rt: .(inclading 'Iow~ land~,~ No. 1000-102-2-12.1. Subject Qualified in SuIIol~ ~ subject to flooding) and is premises is zoned C0mmis~ion E,xpir~,g'/~ defined as a corner lot fron~ ting along Clear View Road and a private right-o[~wa~ to the north ~ 6. 8:10' p.r~. ppi,. mo. · 4254- DEPOT .ENTER- PRISES, [NC. VarianCe' is quested under' Articlq 'VII, Section 100-71C (ref. 100,31C-4), 100-33) and under prior variancedermin- ed May~.ll, 1993 undcr~ pea! No. 4157, for permission to modify the northerly yard setback for an accessory ball Residential-Office (RO) anbd contains a total lot area ° f ;t~6e ~oa ~dc[e(SAppeal s wit] at said time and place hear ~ny and, all persons or ,':-~presentatives desiring to be ~,~ptte_n .comments?,~:~;~also : need. tO request, more. infor- mation~ pleaSe.~fill'765-1809 or visit our office.;~ Dated: June 27 ~794 conclusion of. the subject ?'GE~RD'0}t ' ~ GOEHRINGER h&aring. Each hearing~ll~ '"~' :?'/"' CHAIRMAN not start before the'~ti~$~* :' '~' B' v · designated above. If you y x 4 ~, JX-6/30/94(75) wish to:review theJiles .or ,: ~. u~ ~,~o~ June 27. 1994 TO: RE: Mr. and Mrs. Dennis Bannon Public Hearing - July lU,. 199~, Dear Mr. and Mrs. Bannon: We are in receipt 'of your recent application under the Southold Town Zoning Ordinance and: have forwarded notice for publication this week to the Io~al and official newspapers of the Town. to wit: Long Island Travele~ and Suffolk Times. Copies of your file have been distributed to the Board Members for additional review and individual on-site inspection~ expected within the next 10 to lq days. If you have not alread staked the-proposed new-construction, we ask that you please do so immediately [for viewing by board members). Please. remember that it will be necessary for one of, the property owners, or if the property owner is not available, then someone fully familia~ with the property, to appear at the public hearing at the time specified in, the attached Legal Notice. Also, the person appearing at the hearing, sheuld bring with him a sketch showing the trees and.other screening that- exist and are proposed. If you have questions, please contact our office or call us 765 - 1809. Yours very truly, Linda Kowalski Clerk. Board of Appeals Enclosure 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) · SEQR PROPOSED ACTION: ~'1 New [] Expansion 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED; Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONIN~i OR OTHER EXISTING LAND USE RESTRICTIONS? WH* S PRaS~NT ~.m use ~. v,c~.~Y o~ Pao~EcT~ 9. ~sidentlel ~ Industd=l ~ Commercial ~ Agriculture ~ Par~FotesuOpen s~ace ~ Ot~er ~2. ~Yes ~ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE , I! the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 .(Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will b~ ~au ~y t~$ ~oard before any action is taken. INSTRUCTIONS: (a) ~n order to answer the questions in this short EA~ it is assumed that the preparer will use currently available information concerninq the 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 Assessmeh~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes. 2. Will there be a major change to any unique or un~ual land form on the site? Yes 3. Will project alter or have a large effect on /No an existing body of water? Yes 4. Will project have a potentially large impact on /No groundwater quality? Yes 5. Will project significantly effect drainage flow on adjacent sites? · Yes /No 6. Will project affect any threatened or endangered plant or animal species? Yes ?. Will project result in a major adverse effect on /N air quality? Yes o 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas ~M%own tO be important to the comr~unity? 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 o 11. Will project result in major traffic problems or cause a major effect ~o existing transportation /No · ' systems? .___Yes ~ 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes 13. Will project have any impact on public health /No or safety? Yes -- 14. Will project affect the existing co~ununity by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the charact~ of the community or neighborhood? 1~. Is there publio confroversy concerning the project? · Preparer,s Si~nature:~3~4,~4 ~~_~ Yes ... o QUEST!C:~AIRE FOR ~ · ~-.IJG WITH YOUR Z.B.A. APPLICATIOf~ 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: (Separ~et may be attached.) B. Is the subject premises liste~--on the real estate mar~e~ for sale or being shown to prospective buyers? { } Yes C. Are ther~y~ozal~ { } Yes {~No D. 1. Are there any areas which contain wetland grasses? ~ 2. Are the wetland areas shown on the map su~mi~ted with this application? 3. Is the property bulkh---~ed between the wetlands area and the upland building area? 4. ' If your property contains we~lanas or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~.~. (If not applicable, state "N.A."] F. Are there any patios, concrete barriers, bulkheads or fen=as which e~st and are not shown cn the survey map that you arm SUbmitting? ~ If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? ~0 If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. ~. Do you or any co-owner alsd own other land close to this parcel? ~0 If yes, please explain where or submit copies of deeds.' I. Please list ~resent Use or operations conducted at this parcel $~'~t,~ p~,~ ~,~ proposed use ~, and ~Au~orI=e~ Signature an= Dace 3/87, 10/901k § 9%13 WETLANDS § 97-13 TOWN ~ The Town of South~ld. TRUSTEES __ The Board of Trustees of the Town of Sou:hold. [Added 6,-5-~4 by L.L. 2qo. 6-1984] 'W'E ~-'T--'~--"FDS [Amended 8-26-76 by ~ No. 2-1976; 3-25- A. IiDAL WET~NDS: (1) All lands ~enerally covered or in~rmk~endy ered with, or w~ich homer on, ~idal wa~. or lands l~in~ beneath tidal wa~. which a~ mean low ~ide are covered by tidal wa~e~ ~ a maximum de~h five (5) feet. includin~ buC no~ limked ~ banks. bo~s, sal~ marsh, swam~s, m~adows, fla~ or Iow iyin~ lands subj~c~ ~ tidal action; All banks, bo~, meadows, fla~ and tidal marsh subject ~o such ~ides and upon which ~rows ar ~row some or an~ of the followin~ sal~ ha~, ~r=ss, saltwort, sea lavender, ~11 cord~nss, hiah bush, c~ils, ~roun~ m~m~law ~d (3) Ali ~d immediate~ ~d~acen~ ~ a tidal w~tsnd as defined in Subsection A(2) nnd lrin~ ~vithin seven- ty-five (75) fee~ landward of the mos~ land,yard edge of such a tidal wefinnd. FRESHWATER WETLANDS: (1) "Freshwater wedands" as d~fined in Article 24. tie 1. i 24-0107. Subdivisions l(a) t~ l(d) inclusive. o~ the Environmen~l Conservation L~w of the o~ N~w York: and (2) All land immediately ad~ncen~ ~o ~"~r~shwater we~- . aa. asdeflned in Subsection B(1) ~nd b'ina with- in seven~r.iR,e (75) fee~ In,dwnrd or the mos~ l~nd- warded~eo~a. · ·., .. 9705 COUNTY OF SUFFOLK I'~ SOUTH~OLO 140 RECEIPT 050910 JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone:516-765-1801 DATE~ / "~ 19 ~.~ ,ECE,,~EDOF~ FJ:~.. /'-~--~' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ol the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That i.~L-~-~intention of the undersigned to petition the Board of Appeals of the Town of Southnld torequesta~(Special Exception) (Special Permit) (Other) * [circle choice] 2. That the property which is the subject of the Petition is located ad acent to your property and is des- cr bed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That h~ such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article t11-/~ Sect/on ~ - 5c ~ 3 r ] s:c:;-o,n--,~:-~, New York :Town Law for approval of access over right(s)-of-wa.y~ 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 ma), 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. Petitioner Owners 'Names :,~.~_~ C~,~ ~ Post O~ice.~ddr~s [Copy of sketch or purposes.] plan showing proposal to be attached for convenience NAM{ PROOF OF MAILING OF NOTICE ATT,~CH CERTIFIED MAiL RECEIPTS ADDRESS Receipt fi;~'~l t Certified Mail No Insurance (:overage Provided DO not use for International Mail (See Reverse) P 0 S~ate and ZIP Code Y~4~'~-,~-u~C ~,~ t~ certified Fee STATEOF NEW YORK ) COUNTY OFSUFFOLK) SS.: ~[[~C[~ ~ I{Cll/ . , , being duly sworn, deposes and says [hat on the ~& day of ~t: ,19 ~ ,deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to e~ch 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 assessm~t rolbof the Town of Sou~hold; that said No[ices were mailed at the United States Post Of- rice at ~[ L ~C ~ ;that said Notices were mailed to each of said persons by (certified) ~ail., Sworn to..h.e,~re me this day~ .lOS(Pti A. CONWA¥ NO. 470646, ~( (This side does not have to be property owners.) completed on foYm transmitted to adjoining