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Home My WebLink About4259 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 ACTION OF THE BOARD OF APPEALS Appeal No. 4259. Application of ALAN R. CERNY~ JR. Variance under the Zoning Ordinance, Article IliA, Sections 100-30A.3 and 100-30A.4 for approval of location of above-ground pool and deck, as built, with insufficient setback and exceeding twenty (20%) percent lot coverage limitation. Location of Property: 1550 Central Drive, Mattituek, N.Y.; County Tax Map Parcel No. 1000-106-02-11. The subject premises is a corner lot with frontage along Summit Drive and Central Drive at Cpt. Kidd Estates, and is a substandard lot containing a total lot area of 7,751 sq. ft. WHEREAS, after due notice, a public hearing was held on August 11, 1994, at which time all comments were received and testimony recorded; WHEREAS, Board Members have viewed the area and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. This application is for a variance from the lot coverage requirements of the zoning code limitation at twenty (20%) percent of the total lot area. 2. Proposed in this project are an open above-ground swimmin~ool and raised deck (over an existing concrete patio area) as shown on the sketches submitted with this application. The existing square footage, prior to the pool and raised deck which are the subject of this variance, is 1591 sq. ft. The lot size is 7751, and 20 percent results in 1554.20 sq. ft. The existing square footage of 1591 is nonconforming since it already exeeeds the 20% requirement. The additional square footage over the existing is 440.50+- square feet (224 for the raised deck, 176.50 feet for the pool, and 40 sq. ft. for the jog at the back of the house), for a total square footage of 2031.50. This results in a percentage of 27+- (7751/2031.50). 3. The Board finds: (a) the circumstances are unique to the property due to several factors: its substandard size of 7751 square feet as preexists the zoning requirements; the limited buildable rear yard area; and road frontage along two town streets; Page 2 - Appl. No. 4259 Application of Alan R. Cerny, Jr. Southold Town Board of Appeals (b) the relief requested is not substantial in relation to the other properties in the area; the increase requested is 440.50 square feet over the existing coverage of 1,591 square feet, for a total of 2031.50 square feet (exclusive of step areas); (c) the relief, as requested, will not alter the essential character and is found to be in harmony with the intent of zoning, and complying with all other zoning regulations; (d) there is no other method feasible for appellant to pursue other than a variance; (e) the applicant has submitted medical documentation from his physician requesting the pool for exercise and physclal therapy to the applicant -owner; (f) the relief requested will not create an undesirable change in the character of the neighborhood or a detriment to nearby properties; (g) the grant of this variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district since there are no sensitive wetland areas in close proximity and applieant must properly remove water after the summer season; the pool may be removed and eventually relocated if deemed necessary for appropriate purposes; (h) in view of all the above factors, the interests of justice will be served by granting the relief for an additional 440.5+- square feet, as requested. Aceor~lingly, on motion by Member Dinizio, seconded by Chnir,,~n Goehringer, it was RESOLVED to GRANT the relief requested and described above, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That any other building or construction changes to the pool and/or subject deck area will require consideration by the Board of Appeals, and the Beard may require a new and further application to this Beard for the proposed modification (such as an inground pool or other building enclosure, etc. ); 2. That there be no increase in lot coverage different from the existing footprint areas. Further expansion to an upper level over the existing footprint would, of course, be permitted subject to Page 3 - Appl. No. 4259 Application of Alan R. Cerny, Jr. Southold Town Board of Appeals owner first obtaining a written building permit (and without having to return to the Beard of Appeals). 3. Deck shall remain, as is, unenclosed. 4. The above-ground pool may remain with the current applicant as owner of the premises. A conveyance of the property will require a removal of the above-ground pool, or a new application for further consideration by the Beard of Appeals. 5. There shall be no decking around the pool (pool with three-ft. wall shall remain, as exists). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen, Villa and Wilton. This resolution was duly adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ~/~/~ HOUR ~z~ --. Tow~n Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Read,. Southold, New York 11971, on THURSDAY~ AUGUST 11~ 1994~ commencing at the times specified below: 5. 8:00 p.m. Appl. No. 4259 - ALAN R. CERNY~ JR. Variance under the Zoning Ordln~nce, Article IIIA, Sections 100-30A.3 and 100-30A.4 for approval of location of above-ground pool and deck, as built, with insufficient setback and exceeding twenty (20%) percent lot coverage limitation. Location of Property: 1550 Central Drive, Mattituck, NY; County Tax Map Parcel No. 1000-106-02-11. The subject premises is a corner lot with frontage along Summit Drive and Central Drive at Cpt. Kidd Estates, and is a substandard lot containing a total lot area of 7,751 sq. ft. The Beard of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start Page 2 - Legal Notice Regular Meeting of August 11, 1994 Southold Town Board of Appeals before the ~imes designated. If you wish to review the above file or would llke to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: August 1, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By rJnda Kowals~' X TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ' Hem/er nty Tax Map No. I000 Section ...~.~ ..... Block ..... ~ ...... Lot . .. ~ ....... ............. Filed Map No. r ............... Lot No... h returned herewith and disapproved .~. " on the followin~ grounds / -77 .... it1ElI JUN O I994 E an,ined.. l¢,Y Approved ................ , 19... Permit No ............ TOWN O~'~'OU TH OLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 0ARD OF IIEALTH ......... SETS OF PLANs .......... SURV£Y ................... CIIECK ............... CALL ........ ~. ..... HAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT 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 st?eets 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 i~sued a Building Permit to the applicant· Such permit ~kail be kept on the premises available for inspection throughout the work, e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate'of Occupancy ~hall have been granted bY the Building Inspector. · APPLICATION IS HEREBY MADE to the Building Department for the issuance of ' ' Building Zone Ordinance of the Town of S~-*~'~ ° ........... a Bmld~ng Permit pursuant to the vu~o~u, ~LiIIOIK ~.oun~y, INew YorK, and other apphcable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. Fhe applicant agrees to comply with all apphcable laws, ordinances, ~;ver~,ding code, housi code, and regulations, and to ~dmit authorized inspectors on premises and in building for necessary,i'nsp~cJjons. /?,... ~ z~ (Malting address of applicar~) State whether applicant is owner, lessee, agent, architect, engineer, generai contractor, electrician, plumber or builder. Name of owner of premises ,,: tas 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. Location of land on which proposed work witl be done ............ · House Nmn bet Street ......... Hamlet Cot,'nty Tax Map No. 1000 Section JO'(O,OL~ Block .~Z ,OO : Lot O~J ~ Subdivision. . .......................... . · ' ' (Name) Filed Map No ............... Lot ............... State existing Use and occupancy of premises and intended use and occupancy of proposed ~onstruction: a. Existing Use and occupancy . . .~... ~ff. '" ': ' ,~ b. Intended Use and occupancy ~glk.~.~..., . Repair .............. Removal .............. Demolition .... : .......... Other Work lX'O;2f~ ........ 4. Estimated Cost O' (Description) ............ Fee · usiness, commercial or mixed occupancy, specify nature and extent of each type of use ......... i .... i ?. Dimensions of existing structures, if any: Front ............... Rear .............. Depth Height .... Number of Stories ............... Dimensions of shine structure with alterations or additions; Front .................. Depth.· ' ................. Rear .......... .... He t ...... · ........ ;,. Number of Stories ........... i... 8. Dimensions of entire new construction: Front ........ - ...... ...... ; Rear ............... Depth ............... Height ............... Number of Stories ...................... ~ ................ . ..... 9. Size of lot: Front ................... ~.. Rear ...................... Depth ................... 10. ;C~sSt;~ct ~n wlnch premises are s~tuated .... .N.a.m. ~ 7 5 .F.o rm ~r Own er '.''~'" .12. Does proposed construction violate any zoning law, ordinance or regulation: 13., Will lot be regraded ....... ; .................... Will excess ......................... 14;.: Name of Owner of premises ........... , ........ Address .... fill be removed from premises: Yes .... ~-' Name of Architect .... ' .............. Phone No . . . u. Name of Contractor ....................... Address ................... Phone No.. ................... Address ................... Phone No ........... ' 15. t~ thi~l.~ropevty within 300 feet of a tidal wetland? *Yes ........ No ..... ' .... yes, $outhold Town Trustees Permit may be required. ' ''' ._. PLOT DIAGRAM Locate clearly and distinctly all buildings, ~vheth&r existing br proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. being duly sworn, deposes and says that he is the applicant fe is the ...... . ................... · Ontractor, agent, corporate officer, etc.) f said owner or owners, and is duly autfiorized to perform or have performed the said work and to make and file this ~plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ork will be performed in the manner set forth in the application filed therewith. ' -voru to before m~,t,his ......... ~'' ~'~""-~,'- :-'...day.f ....... .~,.~'. .... , 19~..~. a'tary Publ .~--~.6. ~...~'. ~7-~;.,.~ .,'x n ..~ ' ~l'~Ei'~'l~"'x-:J-"-~-x~'- ....County [I tX . //_ ' q .o. se sos -'z' .... - t~alifle0 in Suffolk Count~/ r'7~-4--' . - ......... ~ ~ · ~ ....... RECEIVED I/:b ,0 1994 ? Sovthold Town (le~k Tach OF SOUTHOLD, H~ YO~K APPEL FROM DECISION OF BUILDING ~NSPE~OR APPEAL NO. DATE ...~. ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ,We, ........... ..................... Name of Appellant Street and Number ..... ~':~;~."~....~..C/..~wz.. ..........................................................l~...~...~.~;''~;to .......... HEREBY APPF. AL TO Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Home of Applicant for permit Street and Number Mun~clpoll~ ~ 5tote ( ~PERMIT TO USE ~ ~ERMIT FOR OCCUPANCY . , I~ OO ~ Ob . ~eet /Hamlet / ~se District on Zoning Mop Sect~onJO~loc~Lo~ . . ~ ....... . ................ ...................... ~urren~ ~ne~ Map No, '~t No. P~o~ 0~ne~- 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the ARicle Section, Sub- section and Paragraph of the Zoning Ordinance by/number. Do not qugte the Ordinance.) ~ 3. ~PE 0F APPEL Appeal is made ~erewith for (please check appropriate box) (V) A VARIANCE to the ~ning Ordi~nce or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York T~n Law Chap. 62 Cons. L~s Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (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 Appea! No ................................ ;Doted ............................. , ........................................ · REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 (~ A Variance to the Zoning Ordinance is requested for the reason that Fonn Z~I (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would ;roduce pFactical difficulties or unneces-~ so~'HARDS~.IP becou,~. Of' bt' ~. As rn~ w,~! (o-x-,Cs ~t 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use' district because ~O'~ ~("~/k-I~ ~O~ . 3. The Voria'n'ce would observe the spirit of the ~.i~a~,~ce and WOULD NOT CHAblGE TIlE . CHARACTER OF THE DISTRICT because ~ STATE OF NEW YORK ) ~~ COUNTY or-.SL~F-~U,~ ) ~ c-,'~-r do~ of' ~d_.SZ' ........ Sworn t~ this ........... R..~.I.~.~ ..................... ~ .......................................... I~' ~ .... ........................... ~t~ ~,'".......... . ~ ~I~ In ~k ~ OWNER 5400 FQrm Tillable 1 ' Tillable 2 Tillable 3 Woodland )O. NORMAL V l q p rAcre DATE COMM. Ill,ID. [CB. lest. Mkt. Vah, m ABOVE FRONTAGE Value FRONTAGE ON ROAD '"'- /'/O O BULKHEAD DOCK t~V~t.~B~l ' . ',~ ..... Foundotion ~, t~.~,: Both ~; , · 3./ ~ ~ ZZ? Fire Place ~ ~at ,~'-, · ...... · ~.k ~ ~ ; . ': ' ,' ., 4 .' Porch R~ 1st Flor ~:~ ,: , Patio ~,~.lj~4,~~ [~,~/ff R~ms2nd Flor '~'""" ~ ~3"' ~ " " He len Areo = ?'?$1s ~ now or fo_nnedy Ampam C. Apetelli N.86°00'$0' 42,62; CENTRAL DRIVE NOTE: SUFFOLK COJNTY TAX MAP SUBOIVIE~ON" MAP FILED IN THE OFFICE OF THE CLERK OF SUFFOI. K COUNTY SURVEY FOR HARRIET CHARALAMBIDES PART OF LOT 79 "CAPT KIDD ESTATES" AT MATTITUCK DATE: dULY ;[6,1988 TOWN OF SOUTHOLD SCALE= 1%20' SUFFOLK COUNTY, NEW YORK NO. 88-O834 YOUNG S YOUNG 400 0STRANO~R AVENUE RIVERHEAD~ NEV/YORK ALDEN ~¥,YOUNG~ PROFESSIONAL ENGINEER AND LANU SURVEYOR N.Y.S. UCENSE N0.12845 Page 31-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MEMBER DINIZIO: Second it. MR. CHAIRMAN: All in favor. MEMBERS: Aye. 8:27 - Appl. No. 4259 - ALAN R. CEI~I~¥7"3R. MR. CHAIRMAN: Upon application the applicant 4259 under the Zoning Ordinance, Article IliA, Sections 100-30A.3 and 100-30A.4 for approval of location of above-ground pool and deck, as built, with insufficient setback and exceeding twenty (20%) percent lot coverage limitation. Location of Property: 1550 Central Drive, Mattituck, N.Y.; County Tax Map Parcel No. 1000-106-02-11. The subject premises is a corner lot with frontage along Summit Drive and Central Drive at Cpt. Kidd Estates, and is a substandard lot containing a total lot area of 7,751 sq. ft. I have a copy of a survey from Young & Young which is dated July 26, 1988, which indicates the existing dwelling, garage and concrete patio which is part of the nature of this application which is the resurfacing of the concrete patio to a wooden deck area and the existence of a pool above the ground pool. What is that 18 feet? MR. CERNY: It's only 15 foot round. MR. CHAIRMAN: 15 feet in diameter. All right. And a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. The nature of the application if a rear yard, excuse me, is a nature, the variance for the rear yard patio, deck and pool and lot coverage. Go ahead. MR. CERNY: Well first I might like to start off I have letter from all my neighbors. MR. CHAIRMAN: Great. Page 32-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. CERNY: For a, and I have a letter from my doctor for the pool. MR. CHAIRMAN: Thank you. MR. CERNY: The a, I didn't get one letter from one neighbor, there was a mistake, I had sent the letter to JoAnn Joanderitz, she was the previous owner house that Moshouris owns and they don't have an objection to it either but I never got a letter from them. Basically what happened was a I built the wooden decks over the preexisting concrete slabs that were there and went and got the permits a few days after I did it and found out about all the different variances that adhere to and a basically what I did was the pool, as you can see I have a self-standard backyard. It's a, maybe a couple of these tables is about the size of my backyard. It's, it's pretty tiny. With the 15 foot round pool when my neighbor's side for a Mrs. Lignos I have an approx., it's an exact of, from the pool wall to her property line. It's 2 feet and it's an exact of 2 feet between my house and the pool wall on the other side. If it were any closer to my house I wouldn't be able to get an oil or gas delivery because the other side of my property MR. CHAIRMAN: 7,000 sq. ft. MR. CERNY: Because basically I'm fenced in and I have a, and there's a grade and large jungle gym that the oil man and the gas man have already kind of voiced their opinions about kind of climb around to get around so the other way is actually the only way I've ever gotten oil and gas delivered anyway. The other thing is the wood decks are exactly over the preexisting concrete 'slabs that were there. The reason why I built over them was because the concrete walls around it were all Page 33-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals falling down and when I bought the house 2-1/2 years ago they had broken approximately half of the bigger part of the deck was all broken up because they put all new lines into my cesspool and being that the house needed so much work this is the only time I've ever had any, the chance actually to work on my backyard. I've been working on the interior and the front and I also wrote down the, I'm, I'm exactly 16 inches from my neighbor's line. The property line .... MR. CHAIRMAN: That's for the deck? MR. CERNY: Yes, for the deck and I know I, according to the variance I don't need the setback from the road on Summit but it's also exactly over the patio that's preexisting with a walkway down and if I was to bring it any further I would have to move over here on my house. MR. CHAIRMAN: I understand. All right. There's no intentions of ever enclosing that deck? MR. CERNY: No, no, not at all. MR. CHAIRMAN: It's going to remain as an open deck? MR. CERNY: Exactly. An open deck with a nice fence all the way around with self closing gates for the pool area. The pool now has a, what is it the 3-1/2 foot ( ) fencing that goes around because I have three children at home and I would just rather doubly make sure that they don't get into the pool. MR. CHAIRMAN: What is the nature of the pool in reference to your health related activity? MR. CERNY: A I broke my back 8 years ago and I've had three back operations since then and a you know I haven't been in the pool for four days I'm just getting over that flu that's going around but other Page 34-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals than that it's just nice to get into the pool. It takes the weight off of my back and it kind of relaxes me. MR. CHAIRMAN: What do you think the actual life of the pool is going to be? How long do you think that's going to last? You going to replace it with another pool if that goes or the liner goes or anything? MR. CERNY: If the liner goes. It's basic, I think it's a 20 year liner. You know, and if I live there that long, if I live that long, you know. MR. CHAIRMAN: So, you want to, you want to leave it there how ever long the thing remains. MR. CERNY: Yes. Oh! I have no intentions of putting a, I know the wife she wants to you know, put in built in pool, she wants to, you know, so a nice round pool is fine for me and that's it, that's all I'm getting. MR. CHAIRMAN: All right. We'll see if we have any questions here. Does anybody have any questions of this nice gentleman? MEMBER VILLA: Well, what is the percentage of a ( )? MR. CHAIRMAN: The best, the best I could figure Bob without the pool were, were, and I could be wrong, because I was playing with it before but I, I think we're about twenty eight six. MEMBER VILLA: About that? MR. CHAIRMAN: Yes. (Discussion between Board of Secretary and Mr. Chairman) MEMBER VILLA: How old is that pool now? MR. CERNY: Just about a month old. Page 35-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Bob, what he is, is this, if you want to write this down. He's 240 a 278 square feet over without the pool. He's permitted to have 1550, lot is 7751. He's allowed 1550 so it's 1795.74 so he's 2., 245.54 over without the pool and the pool is really a temporary structure. I know we're granting the pool at this point but, so we're about 28.6% what I can figure. BOARD SECRETARY KOWALSKI: We don't have temporary structures. MR. CHAIRMAN: I know we don't have temporary structures but I'm just, that's why I asked the question, OK. MR. CERNY: No, I mean if I was to move I would, the pool because it's got like a 30 year guaranty. I would probably pack up the pool and take it with me. MR. CHAIRMAN: Take it with you, yes, sure. BOARD SECRETARY KOWALSKI: back in, so, it goes with the believe it or not the variances. So the next person could put the pool land, it doesn't go with the people (Members discussing amongst themselves). MR. CERNY: Most everything that I've done so far also helps to really beautify the property. If anybody has ever seen the property before I bought it, it was a real eyesore. MR. CHAIRMAN: No, it looks very nice. MR. CERNY: Thank you. (Members having a discussion again) MR. CERNY: Yeah, it's about Il0 sq. ft. MR. CHAIRMAN: How much? MR. CERNY: About 210 sq. ft. Page 36-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. CHAIRMAN: About 210 sq. ft., no? MR. CERNY: ( ) give or take 10 feet. MR. CHAIRMAN: Well if you figure the 245 is creating an aid here about 33 then probably. MEMBER VILLA: You thought it was 15 feet in diameter? MR. CERNY: It's exactly 15 foot diameter pool. MEMBER VILLA: I don't see how you can come up with 200 and something. Mr. CHAIRMAN: No, I think it's less than that. MEMBER VILLA: I, I figure about 155. Even, even if you went .... MR. CERNY: Oh! you're right, it is less than that. MEMBER VILLA: Eight eights is sixty-four times three it comes out to be less than 200, so it like 7-1/2. - ........ MR. CHAIRMAN: You've got to figure it's between 30 and 31. (Members discussing amongst themselves.) MR. CERNY: Yeah, I have no plans on, believe me, any, anything else, so, I'm quite happy with what I have. BOARD SECRETARY KOWALSKI: What is the percentage Jerry, altogether? MR. CHAIRMAN: It's about 31 as best as I can figure. You've got 155 on the pool, right Bob? MEMBER VILLA: MR. CHAIRMAN: MEMBER VILLA: MR. CHAIRMAN: themselves) But, Yes. So, that puts him at a 245 (talking to himself). Well you said you were 278 feet over the twenty? Yes, he's 27- now he's 400 over. (Discussing between you see I'm figuring 50 sq. ft. for that little area Page 37-Hearing Transcripts Regular Meeting of August ll, 1994 Southold Town Board of Appeals next to the oil tank and the gas feed right in there which is I guess the ramp area which you're referring to going into the pool, going into the a ( ). Adjacent to the wood deck that you have .... that little, that little ( ) out to here? Oh!, that's MR. CERNY: Oh! my bathtub. MR. CHAIRMAN: That's your bathtub for ....... MR. CERNY: It's part of the house. MR. CHAIRMAN: Oh!, it's part of the house. All right. include that so you've got to figure that in there so I in, all right. So he's 400 over. Bob? MEMBER VILLA: Yes. So I didn't did figure it MR. CERNY: I think they built the bathtub, they built that around the bathtub, cause I don't have yet a bathtub in the house, so you know. MR. CHAIRMAN: I didn't remember looking at that when I was over and I, I thought maybe it was a ramp to the deck so when I saw it on the thing I included it in there. MR. CERNY: Oh! No. If I want to ever have to replace the bathroom and you don't want to get it out because we have to break it up with a sledge hammer luckily it was cast iron. MR. CHAIRMAN: You got a number for me Bob, or are you still playing? Well, I don't mean to put you in an awkward position but let's go back to the situation. Does anybody have any objection to the swimming pool? MEMBER DINIZIO: I don't have any objections to the swimming pool per se but I think in order to re-eliminate having a ( ) of time to what Page 38-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals exists here or which we can't do as long as he's the occupant of the house so that it doesn't become a permanent swimming pool someday. MR. CHAIRMAN: I don't have any particular objection to that. Does anybody have any objection to that? MEMBER VILLA: No, I don't have any objection. MR. CHAIRMAN: Does anybody have any objection to Mr. CERNY's deck? No, All right. So let's put it together and let's see if we can deal with it on this basis, all right. If we were going to grant this variance we would grant it on this basis. Number 1, that the deck remain as it is unenclosed as it exists today with the normal wood stanches that are there and then you know, the decking on top and that the swimming pool remain there on the basis so long as he and his wife can own the property. All right, but be removed prior to the commencement of a sale and that there be no decking around the pool, that the pool remain as it exists with the 3-1/2 walls as they e,xists and that any further applications before this Board, any, any changes of either movement of the house or whatever the case might be will be, you know, an application be required before this Board. Other than something of a, of a second story nature on the house. How does that Sound? MEMBER DINIZIO: So, you want me to make the motion? MR. CHAIRMAN: Yes. MEMBER DINIZIO: I'll make the motion. Second it. MR. CHAIRMAN: All in favor. MEMBERS: Aye. Transcripts from tape recordin§. Prepared by L/F August 22, 1994 Mr. Alan R. Cerny, Jr. 1550 Central Drive Mattituck, NY 11952 Re: Appl. No, 4259 - Variance for Above-Ground Pool & Deck Dear Mr. Cerny: Please find enclosed a copy of the findings and determination rendered by the Board of Appeals concerning your above-ground pool and deck which exceeds the lot coverage requirements of the zoning code. Please review the limitations established by the Beard of Appeals, and then return to the Building Department for submission of other documentation (to conform to the Beard's restrictions) which may be needed for the issuance of a building permit and certificate of occupancy. Very truly yours, Enclosures Copies of Decision to: Building Department Linda Kowalski, Clerk Board of Appeals RICHARD CAPPELLO, D.O. LUGI BUONO, D.O. THIS PRESCRIPTION WI LLY UNLESS PRESCRIBER WRITES 'd a w' IN THE BOX BELOW RosalleM. Gowen 1495 Central Drive Mattltuck, NY 11952 August 5, 1994 Town of Southold Board of Appeals Main Rd. Southold, NY., 11971 Re: Alan J. Cerny, Jr. Dear Sirs: I do not have any problem with the Petition for a Variance regarding the property at 1550 Central Drive, Mattituck, NY., 11952. Since Mr. Cerny has moved to that address, which is directly across from my property, he has made major repairs to the property. The property has turned from an eye saw into a thing of beauty. I also feel that the pool will be good for his health as Mr. Cerny suffers from serious back pain due to an accident he sustained on his job as a New York City Police Officer. Ail things considered I feel that he should be granted this variance. Very truly ROSALIE M. GOWEN August 6th 1994 I, Frederick J. Abatell~, residing at 1~O Ceatral Drive, Mattituck, N.Y. have no obJecticm to a Variance for-Pool~and?~e~r~ M~ 'prop--s ad~ece~t to ~e~A~an. R, Cerny Jr. pr~erty located at 1550 Central Dr~Ye, Mattituck, N.Y. 11952. Yours Truly, FlOw He ler~ Areo= 7751s.1~ co/ now or formeHy Ampam C, Apefelli N'86°OO'30"V~ 42,62;' C E NTRA L DRIVE NOTE: SURVEY FOR HARRIET CHARALAMBIDES PART OF LOT 79 "CAP"[ KIDD ESTATES" AT MATTITUCK TOV/N OF SOUTHOLD SUFFOLK COUNTY, NEW YORK DATE: JULY 26 ~1988 NO. 88 -08~4 j Li] YOUNG YOUNG RIVER~AD~ NEW YORK ALDEN ~.YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR N*Y.8. UCEN$£ NO. 12845 HOWARO W. YOONG~ LAND SURVEYOR N.~S. LICENSE N0.45893 Iq°l ./ 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 August 1, 1994 Mr. Alan R. Cerny, Jr. 1550 Central Drive Mattituck, NY 11952 Re: Appl. No. 4259 - Variance for Pool and Deck Dear Mr. Cerny: We are in receipt of your application requesting a variance for the above-noted project. Enclosed please find a copy of the Legal Notice, as published by our office in the Long Island Traveler-Watchman, Inc. and Times-Review, Inc. The Legal Notice outlines a generalized description of the project proposed, based upon the building inspector's initial Notice of Disapproval, and indicating the date, time and place of the public hearing on this variance appUcation. You are requested to appear at the public hearing. If you are not able to appear, you may have a representative who is thoroughly familiar with your property and the proposed project appear in your behalf. The public hearing will not start before the time advertised, and you ~ note that the time between hearings is minimal, although additional time is always available to you for your presentation, if needed. In the event you wish to amend this application which might affect the location, setbacks, size, etc. of this project, you will be required to obtain an amended Notice of Disapproval from the Building Inspector to reflect the changes, and also will be required to give further notice to adjacent property owners, and amended publication in the same manner as the initial application. State law mandates that amended appeals be processed in the same manner as the original appeal. Please feel free to call our office if you have any questions or .?Page 2 - Appeal No. August 1, To: Mr. Thomas McKenzie Re: Variance for Horse Barn and Corral Area wish to update/review your file prior to the hearing date. You may add any documentation to support your applJeation that you feel is appropriate. Very truly yours, Enclosures Linda Kowalski, Clerk Beard of Appeals 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 :[1971 Fax (516) 765-1823 Telephone (516) 765-:[809 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4259 Project/Applicants: Alan Cern¥, Jr. County Tax Map No. 1000- 108-2-11 Location of Project: 1550 Centrs1 Drive, August 2, 1994 Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct above ground pool with excessive lot coverage and insufficient setback from property iines. 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: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: August 2. 199~ RE: Zoning Appeal No. ~259 - Alan Cerny Jr. Transmitted herewith is Zoning Appeal No. ~259 of ALAN CERNY. JR. for a variance. Also included is: Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, dated July 22, 1994, with copy of application attached; Short Environmental Assessment Form; ZBA Questionnaire; survey with proposed additions; and plans. Judith T. Terry Southold Town Clerk TO'¢rN OF SOUTHOLD BUILDING DEPARTMENT TOI, VN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date...~.~... House Ale. ' ' ' ' · ....... .~. .' . Ham/er ~r > County Tax Map No. I000 Section . · ./$~..~r.. Block .... Lot ... e~../. ....... · ~ubdivision ................. Filed Map No. ~ ............... Lot No...}.~ .; .......... is returned herewith and disapproved on the following grounds .~ ~, '.~~.. ~.~o~,. ~.., . .~~ ~~7~~ .... ~.:.~.~~.. za. r. .... ~-. ~..4 ....... .. · .. .... ~)., ............................. :.~ ........... ~~...~ ~ ~-- Approved .......... 19... Permit No ............ Disapproved'a/c ?.~?. ~ .~..~_~'~' ~ · TOWN O~0UTHO LD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 7G5-1802 3ARD OF HEALTH ......... 3 SETS OF PLA~;S .......... SURVEY ................... CIIECK SEPTIC FORH ...... CALL . . · .... HAIL TO: (Building Inspector) APPLICATION FOR BU!I. DINGPERMIT Date · .~..~.W~...~(~Z) ..... 19q.47. INSTRUCTIONS a. This application must be completely filled in by typewriter orin 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 sfi'eets 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. rhe applicant agrees to comply with all applicable laws, ordinances, 1;milding code, housin2;i code, and regulations, and to admit authorized inspectors on premises and in building for necessary )~sp~c,.Lions. / / ,... _ ~ k~ State whether applicant is owner, lessee, agent, architect, engineer, general 'contractor, electrician, plumber or builder. Name of owner of premises ~.' ' ~"~U.)/. ~ ................................................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) ; uflder s License No. .(~..~.~ Plumber's License No .......................... Electrician's License No. Other Trade's License No. I. Location of land on which proposed work will be done ................................. ~ ................ .t,%q..'. ............... Itous~ Number Street Hamlet ....... county Tax Map No. 1000 Section .J..(~.' .~. :Q~ ........ Block .0 f....~.O... : Lot..O J l, 0-'20 Subdivision ........ . ........ (}q'a}~) ...... ' Filed Map No ............... Lot ...... : ........ · State existing use and occupancy of premises and intended use and occupancy of proposed construction: E ' 'ngu do£c ~..(.(.~.. ~ff. ' a. x~st: se an upancy ' ~' ': '~ b. Intended use and occupancy '--~g~,-,Jff ' . ' · 3. Nature of work (check which a~[cable): New Buildin; .......... Addition..~. ...... Alterat. j.qn ....... :... Repair .............. Removal .............. Demolition .... : ......... Other Work Cost' ~°~DC'50 ' ' " 4. Estimated (Description) ...................................... Fee . . o If dwelling, number of dwelling (to be paid on filing.thiS a~bplication) ...... ber of dwelling ' '~'" ' 5'~ units Nurn units on cacti floor .'... . If garage, number of cars ......... .......... mixed occupancy, ' ................................ .... 6. If business, commercial or specify nature and extent of.each type of use . 7. Dimensions of existing structures, if any: Front ............... Rear ....... Depth . Height ............... Number of Stories ..... . . · ..... 8. Dimensions of shine structure with alterations or additions: Front ....... Rear . i ....... Depth ....................... Height ........... . ........ ,. · Number of Stories .......... · Dimensions of entire new construction: Front ............... Rear ........ :. ..... Depth ...... Height ... 2 ........... Number of Stories ...... 9. Size of lot: Front ................ :..' ...................... , ..................... 10. Date of Purchase ...... Rear ...................... Depth .................. ............. ......... Name of Former Owner 11. Zone or use district in which premises are situated ..................... : ....... 12. D ....... .... · ................ · ocs proposed construction violate any zoning law, ordinance or regulation: ..................... ' ' ' 13. p ....................... Willexcess 14. ' r fill be removed from premises: YesNo ........... ~ ........ Address .................. Name of Architect .......... Phone No .......... :... · Name of C ............. Address ................... Phone No ................. 15.' ontractor ......................... Address ............ : ...... Phone No .......... ' I.s this property within 300 feet' of a t±dal wetland? *Yes ........ No ........ ' ' · If yes, $outhold Town Trustees Perm'~t may be required. ' .... PLOT DIAGRAM Locate clearly and distinctly all buildings, Whether exisiing 0r proposed, and. indicate all set-back dimensions from property l/res. Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. ;TATE OF NF~t'Y-Q R_K~{'~/'~"'e e ' ' ;ouh-rv oF. · ( .... ~(~"b'/' ' ~' '""~i r'~?'~ 'C'/' ' '~' C being duly sworu, deposes ~d says that he is the applicant (Name of individual sign{ng contrac}~ ...... bore named. is the . .,.....: ................ . · (C ....... Ontractor, agent, corporate officer, etc.) ...... said owner or owners, and is duly aufllorizefl to perform or have performed the said work and to make and file this ~plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ork will be performed in the manner set forth in the application flied therewith. voru to before mo this ' ......... .....'...day f ....... .....lg ,'tary Pub, .f~..~.. ~...~.....~.~ /~ ~ D . C~'RE~[~'''~ ..... County M h_- lin -- ' ~ Oualm~ in Surfak ~u~ ~ . ~ ..... ; ...... .. --/~.~.. '.''' ~. now or He len " Areo= 7751s.~. now or formedy Amporo C. Apetelli N.86o00'~0' 42,62; CENTRAL DRIVE NOTE: SURVEY FOR HARRIET CHARALAMBIDES PART OF LOT 79 "CAPT KIDD ESTATES" AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK DATE: dULY 26,1988 SCALE; 1"=20' NO, 88 -08~4 YOUNG YOUNG ALDEN ~'.YOUNG, PROFESSIONAL ENGINEER ANO LAND SURVEYOR N.Y.S. UCENSE NO. 12845 HOWARO W. YOUNO, LAND SURVEYOR N.[S. LICENSE N0.4589S 400 O~IRANDER AVENUE RIVERHEAD, NEW YORK L I PROJECTI.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 3. PROJECT LOCATION: 5.IS PRO~NewSED ACTION:i.~ Ex0an$ton [] Modlflcatlonlalt eration ,. OESCR,BEPROJECTSR,EFLY= 15' kI VC 7. AMOUNT OF LAND AFFECTED: Initially · ~-~ acres Ultimately acres WHAT S PRESENT LAND USE IN VICINITY OF PROJECT? ~Residentlal '1~ In(~ustrial ~ Commercial [] Agriculture 10. DOES ACTION INVOLVE A PERMIT APPROVAl OR FUNDING. NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDEX/ t2. AS A RESULT OF 'OPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes I CERTI T THE INFOR ION PROVIDED AB IS TRUE TO THE BE~T OF MY KNOWLEDGE II the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I .(Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be ~:~ae by this board before any action is taken. IMSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of th~ 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? Yes ~ 2. Will there be a major change to any unique or unusual land form on the site? Yes 3. Will project alter or have a large effect on an existing body of water? Yes 4. Will project have a potentially large impact on groundwater quality? ___YesMNo 5. Will project significantly effect drainage flow on adjacent sites? - Yes 6. Will project affect any threatened or endangered plant or animal species? __Yes~No Y. Will project result in a major adverse effect on air quality? Yes MMo 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 9. Will project adversely impact any site or struct- ute of historic, pre-historic, or paleontologi=al importance or any site designated as a critical 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 · ' systems? Yes,~No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project,s operation? Yes~No 13. Will project have ~ny impact on public health / or safety? Yes ~No 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 om the' · characto-~ of the community or nei¢ hborhood~ 15. Is there/p41~c contro$F~rsy cone!ming the projecb?[ 0 ' QUESTION~AIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of : the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (S~e~~e attached.) B. Is the subject premises listed on the real estane market for ~a~or being shown to prospective buyers? { } Yes No. (If Z~s, pl~n~e a~n~h c~p~z of "conditJnns,, of s~le.] C. Are ther~/anyl~rupo~als tD~nge~r ~lter l~nd { } Yes {~Np D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland area~shown on the map submitted with this application? ~ 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the T~rustees 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 fencms which ew~Mt ~m~ not mhuwn ~n 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? ~ If yes, please submit.a copy of your building permit and/m~p as approved by the Building Department. If none, please state. H. Do you 9~any co-owner als6 own other land close to this parcel? ~V~) If yes, please explain where or submit copies of deeds. I. Please ~is~ present use or operations conducted at this parcel ~%~~ and proposed use U~ate ~ 3/87, 10/901k § 97-t3 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou:hold. [Added 6-5-84 by L.L. No. 6-1984} 'WE ~-'LA~NDS [Amended 8-26-76 by L.L. No. 2-1976: 3-26- 85:by_,L_L. Nu. 6-1985]: A. flDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including' but not limited to banks. bogs. salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which gro~vs or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, grouudseL maxshmnUow a.ud low 'm~t-e_h corl~z?n~ ~ndl~r (3) AIl land immediately ndjaeent to a tidal w~tiaud aa defined in Subsection A(2) and lying within Seven- ty-five (75) feet landward of the most landward edge of sue~. a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 2-1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conkervation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- I nd. as defined in Subsection B(1) and lying with- in seventy-five (75l feet lm~dward of the most land- ward edge of a "freshwater wetland." 9705 Guarantees or certifications indicated hereon shall run Only to the person for Whom the survey ~s ~repared, and on his behalf to the t tie company, ~OVen nental agency and lending institut on listed I-==.~.-° -- lendine inst {u~i~ ,- ,~,, anti t the as~/gnees o~ Ihe transfe~able to additional institutions or rtifications a~e not areas, addillon Io ~ NO 27. SURVEYED~-g~. ~, 19 ~ BY WILLIAM R. SIMMONS tll 70 WEST MAIN STREET EAST ISLIP, L.I., N.Y. PAGE GRID I"~" / ' I (~) COUNTY OF SUFFOLK I~_~?, SOUTHOI£ ~~° '' ~lReal Pr°perry Tax Service Agenc*~ ''u~ra'~'~' "'"'; ~111 ' n,..;~,.oa. L. C,,..,~, c,,m {.T~.. rod, ~'"~ ,.,..r-... IO00 .... · JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516 - 765 -1801 RECEIVED OF: ~d~C~ ~. ~.~ RECEIPT DATE ~ . 5~4~8 BOARD OF APPEALS, TOWN OF SOIJTHOI_D In the Matter et the Petition of : · £. : I : to the Board of Appeals of the Town of Southold : TO: 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 $outhold to request ~(Special Exception) (Special Permit) (Other) [circle choicel 2. That the property which is thels_ubjec! of the i~tition is Iocate~ad~cent to you~ property and is des- 3. That the property which is the subject of such Petition is located in the following zoning district: · ,4 lhatb~ suchPedtiton, theundersig~.edwillrequestth~fo~lowingrelicf: ~::~(~i-~t~t~ (~' . · $. That the provisions of the Southold Town Zeroing Code a, pplicable to the relief sought bgU~ ~nder- signed are ArtJ. cle -/7~ Section /60 ~X~A.$/IOO~,_:~n'A,.4./,Ir~ · ' [ ] Section 28-~-'^, New York To~n L'a~ for approval of access c~ver' 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. (5].6) 765-].809. 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. 0w'n'e ~ s Names: Post Office Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] P~ROOF OF MAILING OF NOTICF ATTACH CERTIFIED PtAIL RECEIPTS ADDRESS Z 32~ 89P_ 735 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Rever Z 3~D &9~ 736 Receipt for Certified Mail No Insurance Coverage Provided Do not use for international Mail (See Reverse) Certified Fee / ~ Restricted Del)veW Fee Date. anglO.eCs A~ess ~ ~t on the { ~' day ice set forth on the re- ,~ite their respective d persons as shown on ~e United States Post Of- (This side does not have property owners.) to be completed on form transmitted to adjoining r~,~,--, e.orion 267 o~ mc Tow South01d. tn~"'~e held by th~ hearing SOU~OL~, ~ ~ou~Old Town Hall, 53095 M ALAN R. C~'~ina~e, under the ~ma~,~ 3 and 100- · isa--Cen~s~ STATE OF l l YORK) ) ~: ~.~~.~f Mattituck, said County, being duly sworn, says that he/al is Principal Clerk of THE SD~OLK Weekly Newspaper, published at Mattitur~ in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the nnn~xed iS a printed copy, has been ~egular- ly published in said Newspaper once each week for ~ weeks successively, ioxpmenulng on the L~ day of ~9~ , NOTICE oF · PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267of the~ Law and the Code of the Town of Southold, that tbe~ following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Sou~hold Town Hall, 53095 Main Road, Southold, NeW York 11971, on THURSDA% AUGUST 11, 1994, commencing at the times specified below: 5. 8:00 p.m. Appl. No. 4259 - ALAN R.. CERNY, JR. Variance under the Zon- ing Ordinance, Article IliA, Sections 100-30A.3 and 100-30A.4 for approval .of location of .above-ground pool and deck, as built, with insufficient setback and ceeding twenty (20%) per- cent lot coverage limitation. Location of Property: 1550 Central Drive, Mattituck, NY,* County Tax Map Parcel No. 1000-106-02.1L The sub- ject premises is a corner lot with frontage along Summit. Driv~ and C~ntral Drive at CPt~' K~dd ES~t~s~ an~t=is a substandard lot containing a total lot area~];/'7S1~, ft. ~,~¥ ~nd. all, persons or heard in the above matter. Written comments may also not start b'el~ore th~ times designated. If' y~u 'iW~sl~ ~to review the above file or would like to request more information, please do not Dated: August !, 1994. BY ORDER OF THE SOUT[!OLD TOWN GOEHRiNGER. - CHAIRMAN ' B~y' Lihdii Kowalski IX-B/4/94(15) COUNTY OF SUFFOLK STATE OF NEW YORK se: 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 succ~/~ively, commencing on the ~n to before me on this ..... day of ................ Notary Public BARBARA ~. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806844) Qualified in Suffolk Coenty Commission Expires ~3V?~