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HomeMy WebLinkAbout4183 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4183: Matter of the Application of JOHN AUSTINE. Variance to the Zoning Ordinance, Article IIIA. Section 100-30A.4 for permission to locate accessory one-story garage building partly in the side yard with a setback at approximately five feet from the southerly side property line. Location of Property: 3735 Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek Estates. County Tax Map Parcel No. 1000-115-16-20. This property is substandard in size at 21,710 sq. ft. in this R-40 Zone District. WHEREAS, after due notice, a public hearing was held on July 22, 1993, and at said hearing all those who desired to be heard were heard and their testimony recorded; 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, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the June 23, 1993 Notice of Disapproval issuance by the Building Inspector in which the appellant has requested an application for a building permit for the construction, as exists, of a detached garage for storage purposes which is located partly in the sideyard area and partly in the rear yard. 2. The premises in question is located in the R-40 Low-Density Residential Zone District and contains a total area of approximately one-half acre, and is referred to as Lot No. 54 on the Subdivision Map of Deep Hole Creek Estates. The map submitted with this application shows this parcel is presently improved by an one-story, single-family dwelling structure built about 1975 having a set back 38 feet at its closest point to the front property line, 19+- feet from the northerly side property line and 30+- feet from the southerly side property line. Also constructed is a new deck at the rear of the dwelling and Page 2 - Appl. No. 4183 Matter of JOHN AUSTINE Decision Rendered July 22, 1993 subject accessory garage building, both recently built without building permits. 3. The subject garage is shown by appellant to be 24 ft. by 24 ft. The appellant shows the garage to be exactly five feet, at no closer, to the southerly side property line, which is the minimum setback distance requirement of the code under Section 100-33. The deck was recently built and places the garage partly in the side yard (see sketch prepared by appellant) which is not permissible without a variance. 4. The use of the accessory garage shall be authorized for storage of the owner's own vehicles, lawn equipment and the like, as may be incidental to the principal dwelling use. This building may not be Used or operated for business or similar gainful purposes (such as rental for non-owner storage, etc.) and/or may not be used as a separate principal use. 5. For the record the garage building as exists, and proposed, is at one-story height, for a total of 13 feet above grade as shownon the construction plan submitted for consideration. All roof runoff must be retained on the premises of the applicant, and dry wells shall be installed to retain all water runoff as stipulated by the code to prevent runoff onto neighboring lands. 6. It is the position of the Board in considering this application that: -~ . (a) the circumstances are not uniquely related to the property -- the construction of a deck placed Part of the garage in the side yard. ' (b) the difficulties are self-created - no permits were obtained for either the deck or the garage by the property owner or the builder. (c) there is another method feasible for appellant to pursue other than a variance to locate the garage ten feet further into the rear yard; (d) the relief requested is not substantial in relation to the requirements - only part of the garage is located in the restricted side yard; (e) the variance requested does not involve any increase of dwelling unit density; (f) the relief requested will not cause a substantial effect on available governmental facilities since the structure Page 3 - Appl. No~4183 Matter of JOHN AUSTINE Decision Rendered July 22, 1993 is for enclosed parking and storage of the owner's own lawn and other items; (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties, and the benefit to the applicant as weighed against the detriment to the health, safety, welfare of the community, is greater; (h) in considering all the above facts, the interests of justice will be served by granting the variance as further noted below.. Accordingly, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to GRANT a Variance for the location of a portion of the accessory garage in the side yard, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback to the side yard not be closer than five feet as applied; 2. The overhang (soffit and gutters) shall not extend more than 12 to 13 inches from the wall (into the side yard); 3. That the building shall be limited to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and not be operated for gainful purposes (not for rental storage or other separate business purposes), etc. 4. That there be no cooking facilities or utilities other than electric; 5. That there be no sleeping or living quarters, as restricted by the accessory provisions of the code in this R-80 Zone District. 6. That all water runoff shall be retained on site in dry well(s). vntm of the Board: ~,WJ_Lton~ (Aaainst: M~ Tm SO.UTHg TOW C mK ___Tow_n Clezk, Town of Sout}~old Ayes: Messrs. Doyen, ssrs. Dinizio and Villa.) nargin). Goehringer and This resolution ~ GOEHRiNGER ~~ APPEALS BOARD MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton · Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAYt JULY 22, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4172 - To reconvene hearing in the Matter of JANET A. FERGUSON (continued from June 22, 1993). Central Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-066-08-006. 2. 7:35 p.m. Appl. No. 4182 - KELLY McDERMOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for permission to expand house and accessory garage which will exceed the 20% lot coverage limitation. Property Location: Northeasterly corner of Oysterponds Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map Parcel No. 1000-24-1-8. This property contains an area of Page 2 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of July 22, 1993 8710+- sq. ft. and is located in the R-40 Residential Zone District. 3. 7:40 p.m. Appl. No. 4179 - THOMAS D. DUFF, JR. and ELAINE DUFF. Variance to the Zoning Ordinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard setback. Property Location: South Side of Crescent Avenue (North Hill), Fishers Island, NY; bounded west by Nitze; east and south by Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3.2; also referred to as Lot 25 on the unfiled "Map of Henry Walsh." This parcel is nonconforming at 1.003+- acre in an R-80 Zone District. 4. 7:45 p.m. Appl. No. 4160 - SUSAN TASKER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate dwelling structure with a reduced setback from the bank or bluff of the L.I. Sound. Property Location: 58235 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in this R-40 Zone District. 5. 7:50 p.m. Appl. No. 4177 - JAMES P. and EILEEN LEDDY. Variance to the Zoning Ordinance,'Article XXIV, Section 100-244B (pertaining to nonconforming lots) and Bulk Schedule, for Page 3 - Notice of Oarings Southold Town Board of Appeals Regular Meeting of July 22, 1993 permission to construct front porch addition with a reduced front yard setback at 195 Mary's Road, Mattituck; County Tax Map Parcel No. 1000-140-2-36. 6. 7:55 p.m. Appl. No. 4178 - JAMES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (schedule pertaining to nonconforming lots) for permission to construction open deck addition with an insufficient rearyard setback. Property Location: Southwest Corner - Intersection of Oak Drive and Haywaters Drivel Cutchogue; County Tax Map Parcel. No. 1000-104-5-25. This parcel is nonconforming at 19,602+- sq. ft. in this R-40 Zone District. 7~ 8:00 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN.. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition to accessory storage-garage building which was recently altered under Permit No. 20895 issued 8/18/92. Proposed addition would reduce the required frontyard setback and would be in excess of 20% lot coverage limitation for all buildings. Property Location: 520 Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-18-11. This property is nonconforming at 2614+- sq. ft. in this R-40 Zone District. Page 4 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of July 22, 1993 8. 8:05 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC. (Owner). This is a request which concerns the April 26, 1991 and April 9, 1991 Notices of Disapproval issued by the Building Inspector concerning an application for permit to include kitchenettes in motel units citing Article III, Section 100-13 which is the Definition Section of the Zoning Code pertaininq to the April 9, 1991 Notice of Disapproval which reads, "...hotel or motel transient which says in part that there will be no cooking facilities..", and Dertaininq to the April 25, 1991 Notice of Disapproval which reads, "...hotel or motel resort. Action required by Zoning Board of Appeals to permit cooking facilities in individual motel units .... " The subject premises previously had received a conditional determination for a Special Exception filed 11/28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchenettes or dwelling uses. Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-001 and 002 (now 2.1), containing approximately 7.5 acres. The subject premises is located in the Resort-Residential (RR) Zone District. 9. 8:10 p.m. Appl. No. 4181 - AABR Realty Facilities Holding Corp., a Type C Not-For-Profit Corporation (now or formerly known as "Association for The Advancement of Blind and Retarded, Inc." , as Contract Vendee, request a Special Exception as per 'Page 5 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of July 22, 1993 the Southold Town Zoning Code, Article III, Section 100-31B for use as a philanthropic home as provided by Subsection 5 thereof. Property Location: South Side of Middle Road near the'end of Highway 48, House #6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County Tax Map Parcel ID No. 1000-121- 4-8.1, containing 13+ acres. 10. 8:20 p.m. Appl. No. 4183 - JOHN AUSTINE. Variance to the Zoning Ordinance, Article IIIA. Section 100-30A.4 for permission to locate accessory one-story garage building partly in the side yard with a setback at approximately five feet from the 'southerly side property line. Location of Property: 3735 Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek Estates. County Tax Map Parcel No. 1000-115-16-20. .This property is substandard in size at 21,710 sq. ft. in this R-40 Zone District. 11. 8:30 p.m. Appl. No. 4120 - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1 (previously 30). Page 6 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of July 22, 1993 12. 8:30 p.m. FINAL HEARING on Appl. No. 4119SE - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales-rental establishment; (b) an establishment of an accessory use incidental to the proposed new car sales estabiishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new principal use as a new car sales establishment. Road (NYS Route 25), Laurel, Parcel No. 1000-122-6-30.1. Location of Property: 7655 Main near Mattituck, NY; County Tax Map The Board of Appeals will.at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 7.65-1809 or visit our office. Dated: July 6, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMA/N By Linda Kowalski x FORM NO, 3 TOSTN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .~.~. ~ ~.~. -'. ~ .................... , 19 . ........ L,~. ~g_,... :~.. .... ~~.,..~f.,. ~/7~ · County Tax Map No. I000 Section ...[~ ....... Block . ~ ..... Lot . ~ ......... Subdivision ................. Filed Map No. ~ ............... Lot No .................. . // ~ ~ · .. . c , "w .......... ~...5.~.~.~.~ '; ~' '~~~ .................................. ~. ...... 7...~ .C. Bu~,ding ~nspe~%~ RV 1/80 Exanffned . ~//~,,~ ...... .0 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL -SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Approved ................. 19... Permit No ............ DisapPrOved a/c . . ~ .... BOARD OF HEALTH ........ 3 SETS OF PLANS ......... SURVEY .................. CIIECK SEPTIC ;ORH ............. (Building Inspector) APPLICATION FOR BUILDING· PERMIT ' INSTRucTIoNS Date ~--'.//g'- 5V? ................ 19... a. Tiffs 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 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 paxt 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 South01d, 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, housi)3~ code, and regulations, and to admit authorized inspectors on premises and in building for necessary ~ns. ~ ' . (S'g~'~~e, if a corporation) · .... (Mailing address of applicant) State whether applicant is owner, lessee/agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises . . .,~.~.t4. ..... V.. .~. ~':r,~ ~ ' ' (as on the tax roll or latest deed) If applicaht is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. . .7,-..~.', '~ L7./....~. 3 .... Plumber's License No. Electrician's License No ....................... Other Trade's License No.. .................... 1. Location of land on which proposed work will be done .... · .................. '.c. ltouse Number Street Hamlet Col. mtyTax~dapNo, lOOOSection ~./..~'...' ..... · .... Block ./~. ....... ' .. Lot...~:~... Subdivision ........ . ................ ' Filed Map No. (Name) .............. Lot ............... 2~ State existing use and occupancy of premises and intended use and occupancy of proposed ~onstructioni a. Existing use and occupancy ~....~ b. lntended use arid occupancy . J',)..O:q....%'~vr~d'.. ' ~ 3.~. ~.... ~. 3~).g..c..~'7.. :. · 3. Nature of work (check which ~k'cable ....... ' ' ~ ~, j pdew J~uuamg ' Al' · ' Repair ' · ................. teratzon : .... · ' ............. Removal ............ Demolition · : ....... Other Work ......... 4. Estimated Cost· .~...-'~.~.~.9.O... GO · (Description) If dwelling, number of dwelling units - (to be paid on filing this application) 5. - .............. Number of dwelling units on each floor.. ' · If garage, number of cars .... · · · · 6. If business, Commercial or mixed occupancy, specify nature and extent of.each type of use ............. Dimensions of existing structures, · ·, ..... 7. if any: Front ............ : ·. Rear .............. Depth ............... Height ............... Number of Stories ..... i .................. ' .......................... Dimensions of shine structure with alterations or additions: Front ........... Rear . . ' .... Depth ..... He ght ........... · ........ ;.. Number of Stories ........... 8. Dimensions of entire new construction: Front ............... Rear ..; ............ Depth ............... Height ............... Number of Stories 9. Size of loc: Front ......... . .............. Rear .................. i... Depth ...................... 10. Date of Purchase 11. · .............. ' ......... Name of Former Owner .................... Zone or use district in which premises are situated .............. , ........................ ': ....... Does proposed construction violate any zoning ..... 12. law, ordinance or regulation: ....................... 13. Will lot be regr?ded ....... ; .................... Will excess fill be removed from premises: Yes N~ 14. Name of Owner of premises ........... ' · .. ~-...Address ................... Phone No ............ : :.. d '' Name of Architect .................. . A dress ................... Phone No ............... Name of Contractor .......................... Address ............. ...... Phone No .......... ' ... 15.' I.s this property within 300 feet of a t±dal wetland? *Yes ........ No ......... · If yes, Southold Town Trustees Permit may be required. .... PLOT DIAGRAM Locate clearly and distinctly all buildings, Whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORICk, ~ covey OF ..... S.S .......... · '.'~...~/.ftC3..P-.{.'~ ..... ,/t~.'l .. ........ being duty sworn, deposes and says that he is the applicant (Name of individual signing contract) lbove named. le is the ...................... .~.o.~..,~..~..-t7,~..~2~ ............................... (Contractor agent corporate officer etc ) ....... ,f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this pplication; 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. worn to before me this ........... ' "': '" ...... 2:j .... ' ', ........... .'~_'_-._-__'_-_~.z.._._ - -~ ROBERT!.._SCO~ JR. . ' ~' ' ( 'g ature of applicant) NOTARY PURUC, State of N.Y. ' No: 4725089, Suffolk COunh~. . T~AI E,xD~res May .ql ·, o ~.// · ' I~ECEIVED JUL u~ 1993 %,uthollt ]'owrT~JJlJ[ OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. A/ / E~,~ DATE ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. George Arndt ,~IL6L~£ -, 64 Circle drive north I, (We! ............................................................... -, ............................. · ......... .... ................................. Name of Appellant Street and Number Pa tchogue NY ...................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED· . .6. /. .2. . .3. ~. .9. . .3. ..................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ) ( ) Name of Applicant for permit of . .v..e.. ........... .................. ..".Z ...................... Street and Number Municipality State PERMIT TO USE PERMIT FOP, OCCUPANCY I. LOCATION OF THE PROPER'FY .3.2.~.L~.e...e. Lb..o.~..e..~..r.....~_£~-~.m .................................. Street /Hamlet / Use District on Zoning Map District 1000 Section Block Lot ........................................... _..Current Owner =Jbh'n Austine MaP No. ' Lot No. 115 16 20 Prior Owner..V. ivian Blackman 2. PI?,OVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number, Do not quote the Ordinance.) Article 'n-~ Section 1OO-~Oa.4 100-33 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. LaWs Art. 16 Sec. 280A Subsection 3 (has) ~o~been respect to 4. PREVIOUS APPEAL A previous appeal ~,~ . made with this decision Of the Building Inspector or with respect to this property. · Such appeal was ( ) request for a special permit [ ) request for o variance and was made in Appea! No ................................. Dated .................. ~ .......... , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection (b~) A Variance to the Zoning Ordinance ( ) is requested for the reason that .,,;:- Lu ~,~ (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pmcticaldifflcultiesorunneces- sowHARDSHIPbecause The homeowner in question has just recently purchased this home to retire in. For the deck to conform to existing building codes it could not project more than nine feet off the existing house making it very unpractical for normal use.Also the storage building would have to be moved back on the property eight feet and would cost the homeowner a additional two thousland six hundered dollars in driveway and other construction costs. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this prol~erty and in this use district because 3. The Variance would observe the spirit of the O~inance and .WOULD NOT CHANGE THE CHARACTER OF THE Dl~l~lCTbecause The degk addition in ~uestion is to be Construcbed on the rear df the existing house and is no~ visable fr.0m the front back or side yards.Also all railings'will be decorative and the entire deck will be constructed of first quality cedar to match 6he existing nebiorhood.~he garage/storage building in question also is blocked from clear view on three sides by existing trees and shrubs. The siding on the building w~!tl be completed with cedar shakes and stained to match the existing house. '' STATE OF NEW YORK ) .~ ~ ..... ........... " ' COUNTY OF ) to ........ do;, Notary Public Notary Publlg,.~t at® of Nm~ Yo~ NO. 4~9~4 Quaked in SUFFOLK COUNTY /~-//.~--;X-z~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STRE~ ~',{ 5,,: WL~GE D~ST.SU~. LOT RES~ S~S. VL. FARM COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS L 7?05 7 ~ ?~ ,, ?//-,/TY ~/~7/zx ro~ (r~,z~)s./~r~o~z~ ~ r~'~s/~:,'~o~:~z~ · i FARM Acre Value Per Value Acre Tillable I Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH ~[ ~1 ~HEAD COLOR TRIM Breezeway Garage Patio Total / // X = 2YZ Foundation ~.~ Basement Ext. Walls 7- I~ Fire Place I ~l~' Type Roof ~f(~ Recreation Roorr Dormer Dr veway pO~/ C~e~, ~t Bath /Fl°°rs ~]/.. I ~/~ /|Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Dinette !BR. FIN. B. ~'' '~' "~ ~r bOUTHOLD YOUNG & YOU 41~0 O~ITRANDER AVENUE, RiVERN ALDEN W. YOUNG ' FRANCES ROSE HOMES CO./NC LOT NO. S~ "DEEp HOI-ECREEK ESl 14A TT'I~'UCK SOUTHO~O SUFFOLK CO, N. H.. , /..~ L PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD July 22, 1993 P r e s e n t ': HON. (7:30 p.m. Hearings Commenced) GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board Board of Appeals 45 July 22, 1993 APPL. NO. 4183 - JOHN AUSTINE. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory one-story garage building partly in the side yard with a setback at approximately five feet from the southerly side property line. Location of Property: 3735 Deep Hole Drive, Mattituck; Lot No.' 54, Map of Deep Hole Creek Estates. County Tax Map Parcel No. 10002115-16-20. This property is substandard in size at 21,710 sq. ft. in this R-40 Zone District. 8:38 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of a survey showing a onevstory frame home approximately thirty feet from the southeasterly property line and approximately 19+- feet from the northerly property line, and a copy of the Suffolk County Tax Map indicating this and the surrounding properties in the area. The nature of this application is a 24 by 24-foot garage, to be placed approximately 5 to 10 feet past the rear of the house but adjacent tO the deckl Would you like to be heard, sir? Again, if you wouldn't mind using that microphone. Appearance: Austines MR. ARNDT: homeowners. George Arndt, Contractor, for the Applicant. I am George Arndt, contractor for the with. I would just like everyone to know that we plan on conforming to the existing architecture of the home. It is not If there ts any questions I can help Board of Appeal 46 July 22, 1993 going to be vinyl siding. We are going to stay with cedar shakes and maintain the architectural integrity of the surrounding area. THE CHAIRMAN: When we measure the five feet, does it include the overhang? MR. ARNDT: No. THE CHAIRMAN: It does not. MR. ARNDT: About six inches. THE CHAIRMAN: Okay. MR. ARNDT: Also, the entire roof of the garage --the property line is lined by trees, so it is not visible if you went off the property or the front yard. THE CHAIRMAN: Do you have any intentions on the southerly side of putting any gutters or downspouts or anything on it? MR. ARNDT: No. THE CHAIRMAN: The nature of this decision may indicate that you may be forced to it if water flows from that garage roof to the neighbor's property, so I am just mentioning that to you. That is a concern that we don't normally place in a decision, but we don't usually get that close, by the way. MR. ARNDT: We would be happy to conform with · anything that the Zoning Board decides that.they would like us to do. THE CHAIRMAN: What is going to be in the garage, just electricity as a utility? How much is the overhang? Board of Appeals 47 July 22, 1993 MR. ARNDT: THE CHAIRMAN: this contractor? MEMBER VILLA: the Town? That is correct. Any questions from any Board members of MR. ARNDT: Yes, sir, I am. MEMBER VILLA:- How come you go ahead and build something without a permit? owner, Islip, MR. ARNDT: Well, to be quite frank with you, the Mr. Austine, his home has been purchased by the Town of and he is under extreme pressure to move out of his existing home. They are building a landfill right behind his home, so he has a deadline to leave. I called the Southold Building Department and spoke with one of the Inspectors to find out what exactly was necessary for me to proceed with construction. He said if the property was over ~0,000 feet that I would have to maintain 5 feet from the property line. What I failed to speak with him about was the deck that we are also constructing, which made the garage actually in the side yard. Without the deck, they Just would have issued a permit and we wouldn't have had to come before the Zoning Board; so we proceeded on that basis, and right thereafter applied for the Building application. MEMBER VILLA: Do you usually go ahead and start a Job without -- Yes; are you a licensed contractor with Board of Appeal.~ 48 July 22, 1993 MR. ARNDT: No, sir, we do not, but these were unusual circumstances for myself and for the homeowners. They had just recently purchased the home. MEMBER VILLA: I get very upset sitting here and hearing all these applications come before us when half the things are built already. It doesn't make any sense. THE CHAIRMAN: Okay. Is there anyone else who would like to speak? MR. ARNDT: May I say --I also consider and understand your concern and annoyance; but would you also consider the fact that nothing would be finished and we wouldn't inhibit the inspector's actual inspection at any point for the garage. We hadn't planned on closing it up and we knew he could still perform his masonry inspection and electrical inspection and what have you. MEMBER WILTON: What was the urgency of building the garage? MR. ARNDT: The homeowner, the home he is living in now, as I said before, has been purchased by the Town of Islip already, and he must vacate the premises by a designated point in time, I believe August. The home he is living in now, is a nine-room ranch in Smithtown with a two-car garage, so he has · various lawnmowers, whatever, other equipment he may have that you keep in your garage. So he was concerned with getting that constructed before actually moving into the home. Board of Appeals 49 July 22, 1993 THE CHAIRMAN: Okay, while you are standing, is there anybody else who would like to speak either pro or con concerning this decision, in the audience? THE CLERK: I am just wondering: Is it five feet from the property line as built? THE CHAIRMAN: It is 5 feet as six-foot, six-inch overhang.. THE CLERK: Eight-inch on the plans? THE CHAIRMAN: Seeing no further hands, reserving decision until built except for a shortly. MR. ARNDT: The plans say 8-inch, all right. I make a motion closing the hearing and later. (Seconded and carried; see Clerk's Minutes.) THE CHAIRMAN: We hope to have a decision for you very Thank you for coming out. Thank you. Page 3 - Appl. No. 4183 Matter of JOHN AUSTINE Decision Rendered July 22, 1993 is for enclosed parking and storage of the owner's own lawn and other items; (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties, and the benefit to the applicant as weighed against the detriment to the health, safety, welfare of the community, is greater; (h) in considering all the above facts, the interests of justice will be served by granting the variance as further noted below. Accordingly, on motion by Chairman G°ehringer, seconded by Member Doyen, it was RESOLVED, to GRANT a Variance for the location of a portion of the accessory garage in the side yard, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback to the side yard not be closer than five feet as applied; 2. The overhang (soffit and gutters) shall not extend more than 12 to 13 inches from the wall (into the side yard); 3. That the building shall be limited to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and not be operated for gainful purposes (not for rental storage or other separate business purposes), etc. 4. That there be no cooking facilities or utilities other than electric; 5. That there be no sleeping or living quarters, as restricted by the accessory provisions of the code in this R-80 Zone District. 6. That all water runoff shall be retained on site in dry well(s). Vote of the Board: Ayes: Messrs. Doyen, Goehringer and Wilton. (Against: Messrs. Dinizio and Villa.) This resolution was duly adopted (3-2 margin). lk ~ HRINGER DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUffOlK COUNTY executive ARTHUR H. KUNZ DIRECTOR Of PLANNING August 6, 1993 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Duff, Thomas & Elaine Jr. Austine, John 4179 4183 Very truly yours, Harold A. Withers Deputy Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehrin~er, Chairman Serge Doyen, J~. James Dinizio, Jr. R 13obe.rt.& ~Villa icnara b. wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Ptlrsu~3nt to Article XIV of the Suffolk Collnty Ad~i_nistrative Code, The Board of Appeals of the Town of Southold, N~ York, hereby refers the following to the Suffolk County Planning Cc~a~ission: XX Variance from the Zoning Code, Article IIIA , Section 100-30A.4 Variance from Determination of Southold Town Building Inspector __. Special Exception, Article , Section __ Special Permit Appeal No: 4183 Applicant:John Austine Location of Affected Land: 3735 Deep Hole Drive, Mattituck, NY County Tax Map Item No.: lO00- 115-16-20 Within 500 feet of: ~'Town or Village Boundary Line 'XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway __ Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Comments: Applicant is requesting permission.to locale accessory garage buildin~ partly in'the side yard. Copies of Town file and related documents enclosed for your review. Dated: August 5, 1993 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD August 4, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. George Ardnt Ardnt Construction 64 Circle Drive North Patchogue, NY 11772 Re: Appl. No. 4183 - (Variance for Accessory Storage Building) Dear Mr. Ardnt: Please find attached for your permanent records a copy of the Findings and Determination rendered by the Board of Appeals in the above matter. Please be sure to return to the Building Department. We are this date also providing a copy of the Board's determination to the Building Department for their update and recordkeeping. A copy of this file is also being transmitted to the Suffolk County Department of Planning in accordance with the Suffolk County Administrative Code concerning variance referrals. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Planning Commission Copies of the Legal Notice of Hearings for 7/22 sent to the following on 7/6/93: Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Mrs. Kelly McDermott P.O. Box 2002 Orient, NY 11957 En-ConsultantS, Inc. 1329 North Sea Road Southampton, NY 11968' Mr. and Mrs. James P. Leddy 29 Bradford Lane Bethpage, NY 11714 Rudolph H. Bruer, Esq. Main Road - Box 1466 Southold, NY 11971-1466 Mr. and Mrs. Thomas Duff~ 34 Hunter Road Manchester, CT 06040 Jr. Re: Ferguson Re: Tasker Re: AARB Mr. and Mrs. Roy Berman 79 Mackey Avenue Port Washington, NY 11050 Richard T. Haefeli, Esq. 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 J. Kevin McLaughlin, Esq. 1050 Youngs Avenue Southold, NY 11971 Ardnt Construction 64 Circle Drive North Patchogue, NY 11772 Re: cliffside Associates Re: Goodale/Mattituck Auto Re: Austine Re: Fitzgerald Proper-T Services, Inc. P.O. Box 617 Cutchogue, ~f 11935 .L.I. Traveler-%~atchman, Inc. - Times-Review courtesy copy ZBA Board Mem~rs with copies of each pertinent file Town Clerk Bulletin Board (in lobby) Building Department Attn: C. Horton Planning BsardkChairman R. Ward Town Attorney ~. Arnoff APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman. Serge Doyen, J~. James Dinizio, Jr. Robert A. Villa i card ' Telephone (5~6) ~-t~) BOARD OF APPEALS TOWN OF SOUTHOLD July 2, TYPE II ACTION DECLARATION Appeal No. 4]83 Project/Applicants: County Tax Map No. Location of Project: John Austine 1000- 115-16-20 3735 Deep Hole Dr., Mattituck, NY SCOT'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ]993 Relief Requested/Jurisdiction Before This Board in this Project: Construct garage partly in sideyard 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 Town Hall, 53095Main Road P.O. Box 1179 Sou~old, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk July 2, 1993 Zoning Appeal No. 4183 of John Austine Transmitted herewith is Zoning Appeal No. 4183 of JOHN AUSTINE submitted by George Arndt for a variance. Also included is copy of proposed decking shown on survey; copy of Application for Building Permit; Notice of Disapproval; Short Environmental Assessment Form; ZBA Questionnaire; Notice to Adjacent Property Owners; and drawings of proposed deck. Judith T. Terry Southold Town Clerk 2 CAR GARAGE MATERIAL LIST FOR DESIGN 2184 (24" O.C.) MATERIAL SUPPLIED BY 84 LU~BER QU~TITY SIZE DES~RIPTION ~bJ ~ __STLi D SEISMIC / HURRICANE DETAILS TIE L~? SCALE: SHEATII,G ,, Lj?I-11 I II FLc~c'F-, i \~-~ r B.O..A. RD OF APPEALS ~ ./~ TOWN OF SOUTHOLD NOTICE OF PUB INGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southnid, that the following public hearings will be held by the SOUTHOLD TOWN/ BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURS- DAY, JULY 22, 1993, com- mencing at the times specified below: · 1.7:32 p.m. Appl. No. 417Z-L To reconvene hearing in the~- Matter of JANET FERGUSON (¢0n~inued from June 22, 1993).' Central Avenue, Fishers Island,' NY; County Tax Map Parcel ID No. 1000-066-08'006., 2. 7:35 p.m. Appl. No. 4182- KELLY McDERMOTT. Variance tq the Zoning Or- dinance, Article ILIA, Section 100-30A.3 (Bulk Schedule) for permission to expand house and accessory garage which i will. exceed the 20% lot coverage limitation. Property Location: Northeasterly cor- ner of Oysterponds Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map Parcel ID Nor 1000-24-1-8. This property contains an area of 8710± sq. ft. and is located in the R-40 Residential Zone District. 3.7:40 p.m. Appl. No. 4179- THOMAS D. DUFF, JR. AND ELAINE ' DUFF. -Variance. to 'the Zoning Or- dinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard set- back. Property Location: South side of Crescent Avenue (North Hill), Fishers Island,NY; bounded west by Nitze; cast and south by' Zabohonski; County 'Pax Map/~ Parcel ID No. 1000-6-2-3.,2;~ also referred.to as' Lot 25 on the u~,filed "Map of Henry Walsh. This parcel is noncon- forming at 1.003 + acre in an R-80 Zone District. 4. 7:45 p.m. Appl. No 4160- SUSAN TASKER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate dwelling structure with a reduced set- back f~ the bank or bluff of then]~I. Sound· Property Location: 58235 C.R. 48, Grecnport, NY: County Tax Map Parcel ID No. 1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in this R-40 Zone District. 5.7:50 p.m. Appl. No. 4177- JAMES ~p, and EILEEN LEDDY. Variance to the Zon- ing Ordinance, Article XXIV, Section 100-244B (pertaining to nonconforming lots) and Bulk Schedule, for permission to construct front porch addi- tion with a reduced front yard setback at 195 Mary's Road, Mattituck; County Tax Map Parcel ID No. 1000-140-2-36: 6. 7:55 p.m. AppL No. 4178- JAMES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (schedule pertaining to non- conforming lots) for permis- sion to contruct open deck ad-x~ dition with an insufficient/I rearyard setback. Propertyi Location: Southwest corner- Intersection of Oak Drive and Haywaters Drive, Cutchogue; County Tax Map Parcel ID No. 1000-104-5-25, This parcel is nonconforming ~t 19,602+ sq. ft. in this R-40 ZoneI District. 7. 8:00 p.m. Appl. No. 4180- JOAN AND ROY BERMAN. Variance to the Zoning Or-[ dinance, Article IIIA, Section 100-30A.3 for permission to construct addition to ac-; cessory storage-garage building which was recentiyt altered under Permit No. 20895 issued 8/18/92. Propos- ed addition Would reduce th~'~ requ red frontyard setback and would be in excess of 20% lot coverage limitation for all buildings. Property Location: 520 Rabbit Lane, East Marion, NY; County Tax Map Parcel ID No. 1000-31-18-11. This property is nonconforming at 2614+ sq. ft. in this R-40 Zone District. 8. 8:05 p.m. Appl. No. 4039-i CLIFFSIDE ASSOCIATES, INC, (Owner). This is a re- quest which concerns the April 26, 1991 and April 9, 1991 Notices of Disapproval issued by the Building Inspec- tor concerning an application for permit to include kit- chenettes in motel umts cmng)' Article III, Section 100-13 which is the Definition Section of the Zoning Code pertaining to the April 9, 1991 ~ of Disapproval which ~ds, "...hotel or motel transient which says in part that there will be no cooking facilities..·l' and pertaining to the April 25, 1991 Notice of Disapproval which reads, "~.. hotel or motel resort· Ac- tion required by Zoning Board of Appeals to permit cooking facilities in individual motel units..." The subject premises previously had received a con- ditional determination for a · SPecial Exception filed~ IU28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchen- ettes or dwelling uses. Loca- tion of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel ID No. 1000-045-01-001 and 002 (now 2.1), containing approximate- ly 7.5 acre. The subject premises is located in the Resort-Residential (RR) Zone District. 9. 8:10 p.m. Appl. No. 4iS1- AABR REALTY Facilities Holding Corp., a Type C Not- For-Profit Corporation (now or formerly known as "Association for the Advance-,t ment of Blind and Retarded,3, Inc2') as Contract Vendee, re-' quest a Special Exception as per the Southold Town Zoning Code, Article III, Section 100-3lB for use as a philan- thropic home as provided by Subsection 5 thereof. Proper- ty Location: South side of Middle Road near the end of Highway 48, House No. 6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County Tax Map Parcel ID No. 1000,1214-8.1, containing 13+ acr~. 10. 8:20 p.m. Appl. No. 4183- JOHN AUSTINE. Variance to the Zoning Or-' dinance, Article IIIA, Section 100-30A.4 for permission to/* locate accessory one-story garage building partly in the side yard with a setback at ap- proximately five feet from the southerly side property line. Location of Proerty: 3735 Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek Estates. County Tax Map Parcel ID No. 1000-115-16-20. This property ..is substandard in size at 21,710 sq. ft. in this R-40 Zone District. 11. 8:30 p.m. Appl. No. [ 4120- MATTITUCK AUTO CENTER, INC., and WILLIAM GOODALE. Variance to the Zoning Or- dinance, Article XXI, Section. 100-212B for relief from the front yard landscaping provi- sions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County ]?ax Map Parcel No. 1000-122-6-30.1 (previously 30). 12. 8:30 p.m. FINAL HEARING on Appl. No. 4119SE-MATTITUCK AUTO CENTER, INC. and. WILLIAM GOODALE. Special Exception to the Zon- ing Ordinance, Article X, Sec- tion 100-10lB(12) for a permit authorizing: (a) a new ca~ sales-rental establishment; (b) an establishment of an ac-/ cessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new prin- cipal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY; County ~ Map Parcel ID No~ 1000-122-6-30.1. The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Written.~ comments may also be sub: mitted prior to the conclusion of the subject hearing. Each hearing will not start before the t!mes designated above. If you wish to review the files or need tq request more informa- tion, please call 765-1809 or visit our office. Dated:'July 6, 1993 BY ORDER OF THE SOUTHOLD TOWN . BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski · IX-7/8/93(16) coUN'FY OF SUFFOLK SS: S I'A I'IE O[: NEW YORK Patricia Wood,· being duly sworn, says that she is the Editor, of, THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ar~J that the notice of which the annexed is a printed copy, has been publishecl in said Long Island 'l'raveler-Watchman Once each 'Week for. i i i;...... .... ..... ./ ....... weeks s[ccess ye y, commencing on the ...................... day of. ............. 19 Sworn to before me Ibis ..................... day ·........ Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Sta!e ol r;ew York No. 4g06346 Qualified in Suffolk County C~)mmisslor~ Expires ~/3t/~¥ APPEALS BOARD MEMBERS Gerard P. GOehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 6, 1993 TO WHOM IT'MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf at the time .specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional .time will, of course, be available. If your presentation is lengthy, a draft or final written copy is always appreciated. In the event you wish to amend your application to include other relief and other sections of the Code to be considered, you must file separate application forms, obtain a new Notice of Disapproval from the Building Inspector, and submit the additional filing fee. · You must notify our office prior to the advertising Of the'present application for the amendments. Once the application has been advertised, a separate application would be then be required for additional relief. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, EnClosure Linda Kowalski 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be coml~teted by ADplicant or Project sponsor) SEOR IS PROP D ACTION: 6. 0ESCRIBE PROJECT BRIEFLY: r. AMOUNT O LAND AFFECTED: WILL PROPOSED A N COMPLY WITH EXISTING ZON!NG OR OTHER EXISTING LAND USE RESTR CTIONS? WHAT ESENT ~NO U~E IN VICINITY OF PRO~E~~ 10. DOES ACTION INVOLV A PERMIT APPROVAl. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AG STATE OR LOCALIZ . ENCY (FEDE;RAL I CERTIF~ THAT THE INFORMATION PROVIDED AaOVE IS TflUE TO THE BEST OF MY KNOW[EDGE the action is in the Coastal Area, and you are a state agency, complete t~e Coastal Assessment Form belore procoedin9 with this assessment OVER 1 (Continued on r reverse side) of thls form, and an environment~- -~- evlew ~ct regulres submission IN_~STRUCTIONS: (a) ~n 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 the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If ali questions have been answered No it is likely that the project ia not significant. (d) Environmental Assessment 1. will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unioue or un~ual land form on the site? ' Yes 3. Will project alter or have a large effect on 4. Will project have a potentially large impact on groundwater quality? ~es ~o 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? ___Yes 7. Will project result in a major adverse effect on air quality? 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? . ~es 9. Will project adversely impact any site or struct- ure of historic, pre-hihtoric, or paleontological importance or any site designated as a critical envircnmental area by a local agency? ., Yes -- 10. Will project have a m~jor effect on existing or . future recreational opportunities? .,__Yes ~ 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, ~oise, glare, vibration, or electrical disturb- .- ance as a result of the project's operation? ~Yes , 13. Will project have any impact on public health 14. Will project affect the existing community by ~Yes directly causing a growth in permanent popula- period or have a major negative effect on the charact~ of the community or neighborhood? project? public controversy ncerning the QUESTIC~AIRE FOuR FILI~IG WITH YOUR Z.S.A. APPLICATION A. Please disclose the names of ~ the owner(s) and any other individuals (and entities) having a financial interest in the sLtbject premises and a description of their interests: (Separate sheet may be attached.} ~. Is the sU~jec= premises listee on t~e real esta=e market ~6r - sale--lng show~ to prospective buyers? { } Yes C.~ /~re the~ { ~ Yes osals tD ~:hange ~rr alter land cuntcurs? D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map s~bmitted wit~~ this application? 3. Is the property bul~----~a~ed 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 Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed ~Qnstruction level? A]~ .. at or below five feet above mean sea -- (lc not applicable, state "N.A.") F. Are there any patios, ooncrete barriers, bulkheads or re,cas . which exist an~ not ~hown on the survey map that yOU ara sttbmitting? . If non~ exist, please state "none.,, · G. Do you have any construction taking place at this time COncerning your premises? I of your buildin~ -~-=~ - ~ f yes, please suh~ - ~ ~=~,~u an~ ~ap as approved b,- ~u -.~u.a copy Department. If none, please state, z une Building H. Do you. Qr any co-owner alsd own other land close to this Parcel? _~0 If yes, please explain where or submit copies of deeds. I. Please parce~ __~st present Use or operations conducted and noticed $ig~a[u~6~nu Dale 3/87. § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984! IVET~-M\'D-q [Amended 8-26-76 by ~ No. 2-1976; a-2~- 85 by [.~ N~ A. IiDAL WETLANDS: (I) All lands generally covered or in~rmittently cov- ered wkh, or which border on. tidal wam~. or lands lying beneath tidal water, which at mean low tide are covered by tidal wa~ers w a maximum de~h of five (5) feet. including bu~ not limited w ban~, bo~, salt marsh, swamps, meadows, fla~ or o:her Iow lying lands subject W tidal action; (2) All banks, bo~, meadows, fla~ and tidal marsh subject to such tides and upon which gro~vs or may grow some or any of the followin~ salt hay, black gra~, saltworm, sez lavender. ~lI cord~ass, hiKh bush. cat, ils. groun~eL m~shmM]ow ~d (3) All ~d lmmedlate~ ~diacent ~ a tidM w~land as defined in Subsection Al2) and l~Sng within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wedands" as defined in Article 24. Ti- tie l. ~ 2-b0107. Subdivisions l(a) to l(d) inclusive. of thc Environmental Coniervnfion Law of the of New York: and (2) All Iq.nd immediate v adjacent to a "freshwater wet- !and. as defined in ~uhseetion B(1) and lying with- m seventy-five (75) feet landwa~'d of the most land. ward edge of a "freshwa:er wetland." 617.21 Appendix C State Environmental Ouallty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT 'SPONSOR//[~ I E~.~,PROJECT NAME SEQR 6, DESCRIBE PROJECT BRIEFLY: 7. AMOUNT O LAND AFFECTED: ,.,,,,,,v °~oo s? £r .c,. ,.,,,,,,,.,.,y ,/,~oo .s'~fr ,,c,e,, WILL PROPOSED A N COMPLY WITH EXISTING ZON!NG De OTHER EXlaTING LAND USE RESTRICTIONS? WHAT ESENT ~NO USE IN VICINITY O~ PROJE~~ . ~Ual ~ Industrial ~ Commercial ~ Agriculture ~ Pa~ForesuO~en soace DOES ACTION INVOLV ARERMiTAPPROVAiORFUNOiNG, NOW OR ULTiMATELY FROM ANY OTHER GOVERNMENTAL AGBNCY (FEDERAL. STATE OR LOCAl J? . I'--~ Yes ~ ' I CERTIr'*y THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE REST OF MY KNOWLEDGE I! the action is in the Coastal Area, and you are a state agency, complete Coastal Assessment Form before procoeding with this assessment OVER 1 .(Continued on reverse side) The N.Y.S. Environmental Quality Review AC~ereguires submission IN~STRUCTIONS: (a) in order to answer the questions in this short E;%F it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or Other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Wiil 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 ~o 4. Will project have a potentially large impact on groundwater quality? ___Yes 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 7. Will project result in a major adverse effect on air quality? _~Yes 8. Will project have a major effect on visual char- acter of the comm%%nity or scenic views or vistas · known to be important to the community? . ~Yes 9. Will project adversely impact any site or struct- ure of historic, pre-hihtoric, or paleontologi=a[ environmental area by a local agency? . Yes . 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 to existing transportation '' ' systems? o .,__Yes ~o 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes , 13. 14. Will project have any impact on public health Will project affect the existing CO--unity by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the charact~ of the community or neighborhood? PreParer ' s Signature: the / QUEST-~C~AIRE FOR FILI,'[G 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 s~bject premises and a description of their interests: (Separate sheet may be attached.) ~. Is the sU~jec~ ~ sale__lng shownPremises listee-on the real estate market ~or ~ to prospective buyers? { } Yes { . } (If Y~s, pl~se ar-tauh cupy of "cond/~n~,, of S,~Le.) C.~ /rte the~ { ~ Yes osals tm =hRnge ~r ~lter lan~ cun~cu~? D. 1. 2. Are there any areas which contain wetland grasses?~ 3. Is the property bul~----~a~ed between the wetlands area a~d the upland building area? /~ 4. ' If your Property contains wetlands 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 g9nstruction level? ~]~ . at or below five feet above mean sea -- (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~_s which existan~ ' s~bmitting~ not ~hown on the survey map that you ara - ' If nonD exist, please state "none." G. Do you have any construction taking place concerning your premises? If es at this time of your buildin~ ~ --~-_~_ Y , please Submit a c Department. = = ...... = =~u muw as approved by the Building°pY If none, please state. H. 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 present use or operations conducted at this proposed Use ~ ~ ~ Au~n°rlzed $ig~a~u~n~ Da~e 3/87, 10/q0]t. § 97-13 WETLANDS § 97-13 TOWN -- The Town of Sou:hold. TRUSTEES ~ The Board of Trustees of the Town of Souuhold. [Added ~-5-84 by L.L. 2qo. 6-1984] ~V'E ~-I_~LN'DS [Amended 8-26-76 by ~ No. 2-1976; 3-2S- A. IIDAL WET~NDS: (1) All lands generally covered or in~rmitten~ly cov- ered wkh, or which border on. tidal wa~. ar lands lying beneath tidal water~, which at mean low ~ide are covered by tidal wa~e~ ~ a maximum depth of five (5) feet, including but not limited ~ ban~. bogs. salt ma~h, swamps, meadows, fla~ or o~her low lying lands subject ~ tidal action; (2) All bank~, bog~, meadows, fla~ and tidal marsh subject to such tides and upon' which gro%~ or may grow some or any of th~ followin~ salt hay. black g~, saltwort, sea lavender, ~11 cord~s, high bush. cat.ils, groun~eL m~b~llow ~d ~w (3) Ali ~d immedlate~ ~j~cent ~ at}d~l w~l~nd as defined in Subsection A(2) and b%g within seven- fy-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: ' (I) "Freshwater wetlands" as defined in Article 24. Ti- fie I. ~ 24-0107. Subdivisions l(a} to l(d) inclusive. of ibc Environmen~l Conservation L~w of the S~te of New York: ~nd (2) All land immcdiateh- adjacent to a "freshwater Wet- · no. as aefmed in Subsection B{1} and lying with- m seventy-five {75) feet la~,dwa~-d of the most land. ward cdge of a .. ' - ,, " frcso~ a,._r wetland. 97f]5 JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold Soul,old. New York 11971 · Phone: 516-765-1801 DATE (~ ~.z..4~.e~ RECEIVED OF: ~ ~"~:~~)~ ~ 047318 197,~ [] CASH BY: ~' ~ [;~'~HECK -'-'-'~/~" ~ ~ Property Tax Service Agency BOARD OF APPEALS TOWN OF SOUTHOLD In the Mzrter or the Petition of to the Boa'Jl:~ of Appeals of the Town nf Sou[hold NOTICE TO ADJACENT PROPERTY OWNER YOU .aRE HEREBY GIVEN NOTICE: 1 ~Tha~ inzention of the undeTsigned to petition the Board of Appeals of the Town of Southold toreques, a~(Special £×ception) (Special Pc, mit) (Other} [circle choice] 2. That the property which is the subject ef the Petition is located adjacent to your prnperty and is des- ~. T~t the prop,',lv which is the subject of such Petitl,n is ;ocated in the roi!owing zoning district:~ 4 T ath~ such Petition, the undersigned wili request the following relief: ~qT~C~tXA~ ~ $. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the retief spe=ified above will be flied in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' thc~. and there examine the same during regular office hours. (516) 765-1809. 7. That before the ,'eljer sought may be granted, ,~ public hearing must be held or~ the matter by the Board of AppeaI~; that a notice of such hearing must be published at least five days prior to the dale of ~uch hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watctlman, oewspaFers published in ihe Town of Southold and designated for the pubiicatlon of such notices; that you or your repre~"nta~ive ~ave the right to ;~ppear and be heard at such hearing· Oa,cd:' Petitioner Owners'Names: Tel. No. [Copy of sketch purposes.] or plan showing proposal to be attached for convenience PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS 4 .~519 148 Receipt for Certified Mail No Insurance Coverage Provib Do not use for International Ma. (See Reverse) ADDRE55 P 243 550 041 ~e~eipt for Certified Mail No Insurance Coverage Provided ISee Reversal P 243 55~042 Certified Mail NO Insurance Coverage Provided (See Reverse) STATE OF NEW YORK COUNTY OF SUFFOLK SS.: C~*q d~ IIz?z , being duly sworn, depo~es and says that on thc ~sr ~day of ~L~ ,19 ~$ , deponent mailed a true copy of the Noticc set forth on the re' verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; ti~at the addcesse~ set opposite the names of said persons are the addresses of said persons as ~hown on the current a~sessment roU of the Town of Southn{d; that said Notic~ were ,aailed at the Un,ted fitate~ Post fi~ [~a C ~ ~x[ ;that said Notices were mailed to each of said person~ by (registe~e~) m3il. Sworn to before me this day of '~-t~t..,~ ,19 q__'~ Notary Public (This side does not have to be complet'ed on form transmitted to adjoining property owners.)