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HomeMy WebLinkAbout4109 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS 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 Appeal No. 4109: Application of MARGARET LEAHY. Appeal of the April 27, 1992 Notice of Disapproval issued by the Building Inspector, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing front porch with an insufficient front yard setback. This parcel has a nonconforming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, NY; Cleaves Point, Section Three, Lot No. 79, County Tax Map Parcel No. 1000-35-5-8. WHEREAS, a public hearing was held on June 4, 1992 concerning the above application (filed on May 19, 1992) 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, the Board Members have personally viewed and are familiar with the premises in question, the current R-40 Zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The property in question is situated along the northerly side of Wiggins Lane, situate approximately 215 feet west of its intersection with Maple Lane and more particularly designated as Lot No. 79 on the Map of "Cleaves Point, Section III." The subject premises is also identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 5, Lot 8, and contains a total lot area of 12,500 sq. ft. 2. This parcel is improved with a 984 sq. ft. one-story frame house (plus rear yard deck and one-car garage). The setbacks of the existing principal structure are as follows: (a) 38 feet from the front property line, exclusive of front porch area; (b) 22 feet from the easterly side property line at 22 feet; (c) 22 feet from the westerly side property line; (d) 46 feet from the rear (northerly) property line. 3. By this application, a variance is requested for permission to extend the existing 6 ft. (deep) front open porch Page 2 - Appl. No. 4109 Matter of MARGARET LEAHY Decision Rendered June 30, 1992 area by an additional eight feet in depth, for a total length of 16 feet. The setback of the proposed extension would be 24 feet, eight feet closer than the front open porch. 4. Article III-A, Section 100-30A.3 (and Article XXIV, Section 100-244B) requires minimum front yard setbacks for nonconforming lots at 35 feet. 5. In considering this application, Board Members have indicated that the eight ft. deep extension (for a total depth of 14 feet) with a setback at 24 feet is not the minimum necessary and an alternative is available under the circumstances for a greater setback distance. The percentage of relief requested in relation to the requirement of 35 feet is 32% of a variance. A setback reduction of this nature would set a new conformity and precedent for the remaining parcels on this block and such a reduction would substantially change the area and intent of the zoning restrictions at 35 feet. The open front porch as presently exists exceeds the requirements. 6. It is the opinion of the Board Members that a four-foot extension, for a length of 16 feet, with a setback at not less than 28 feet from the front property line is more feasible under the circumstances. e finds: In considering the alternative above noted, the Board (a) that the essential character of the neighborhood will not be affected; (b) that the relief as alternatively granted will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the relief as alternatively granted will not create a substantial increase in dwelling use density, or cause a substantial effect on available governmental facilities; (d) that the a~ount of alternative relief is the minimum necessary -- limited to an open, unroofed deck-type walkway which is not unreasonable when considering the nonconforming size and configuration of this parcel; (e) in considering all of the above factors, the interests of justice will be served by granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to DENY the variance requested for a setback at 24 feet from the front property line; and BE IT Page 3 - Appl. No. 4109 Matter of MARGARET LEAHY Decision Rendered June 30, 1992 FURTHER RESOLVED, to GRANT alternative relief for an open 10' deep by 16' long open deck with a setback at not less than 28 feet from the front property line and conforming to all other yard requirements. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio. Nay: Member Villa (opposed to any variance to reduce the front yard beyond the existing step area since there are other alternatives for outdoor enjoyment, other than a variance, such as a ground level brick patio, or to locate this type of wooden deck construction in the side yard or rear yard areas.) Margin: 4 - 1. This resolution was duly adopted. / // GERARD P. GOEHRENGER,~IRMANu-&~- RECEIVED AND FILED BY THE SOUTHOLD TOWN DATE ~t7 ,/?~ HOUR Town Clerk, Town of ~Jouthold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS 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 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 4, 1992 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4107 - RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The proposed walkway is five feet in width, located with an insufficient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Property: 550 Fasbender Avenue, Peconic; also referred to as combined Lots #1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. Page 2 - Legal Nott Hearings for June.v4, 1992 Southold Town Board of Appeals 2. 7:35 p.m. Appl. No. 4108 - DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use," in conjunction with the single-family residency by the owner. This use is to be accessory and subordinate to the principal residential use, is for the rental of not more than three bedrooms, and is for lodging and serving of breakfast to nat more than five ~a~ua] and tran~i~n~ r~nmpr~. This_parc~e]~ contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property: 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, NY; County Tax Map Parcel No. 1000-74-3-11. 3. 7:40 p.m. Appl. No. 4109 - MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing front porch with an insufficient front yard setback. This parcel has a nonconforming lot area of 12,500 sq. ft. and is located _n the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, NY; Cleaves Point, Section Three, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. Appl. No. 4101 - JOHN ROWAN (Property now or formerly of LUCIEN ARCAS). This is an Appeal under Article Page 3 - Legal NotJ Hearings for June 4, 1992 Southold Town Board of Appeals XXIII, Section 100-239.4 for a deck addition with an insufficient setback from the northerly property line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Extension, Southold, NY; County Tax Map Parcel No. 1000-50-2-16. 5. 7:50 p.m. Appl. No. 4111 - JOHN G. AND MARIE ELENA BRIM. Request to Amend Variance to locate accessory tennis court partly in the front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Article III, Section 100-33, and Article XXIII, Section 100-239.4. Location of Property: Northerly Side of Private Road (extending off East End Avenue), Fishers Island, NY; FIDCO Block 18, Combined Lots lA and lB, having a total land area of 3.56+- acres in this R-120 Zone District. 6. 8:00 p.m. Appl. No. 4105 - JOHN J. FIORE. A variance is requested under Article III, Section 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone District. Location of Property: 3100 Cedar Beach Road (and the westerly side of Sunset Way) at Bayview, Southold, NY; Page 4 - Legal Not~ Hearings for June 992 Southold Town Board of Appeals also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112 - HENRY AND BETTY HINTZE. A variance is requested under Article XXIV, Section 100-244B for permission to construct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III, Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of t4,500+- sq. ft. and is located in the R-80 Zone District. Location of Property: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, NY; County Tax Map Parcel No. 1000-53-1-15. 8. 8:10 p.m. Appl. No. 4106 - LA%~RF~NCE P. AND MARILYN HIGGINS. A variance is requested under Article XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., extending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton ?oin~ Road, Mattituck, NY; County Tax Map Parc'el No. 1000-115-i1-i6. 9. 8:15 p.m. Appl. No. 4104 - ANTONIO VANGI. A variance is requested under Article XXIV, Section 100-244 and Article Page 5 - Legal Not~ Hearings for June 4, 1992 Southold Town Board of Appeals XXIII, Section 100-239.4A for permission to construct addition to dwelling with a reduced easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcels contains a total lot area of 25,135+- sq. ft. and is located in the R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; also referred to as Lot No. t, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Tax Map Designation: !000-83-1-~7 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. 11. 8:25 p.m. Appl. No. 4098 - TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Page 6 - Legal.Noti~ Hearings for June 4, 1992 Southold Town Board of Appeals Aquaview Avenue, East Marion, NY; 1000-21-2-13. This property is area in this R-40 Zone District. County Tax Map Parcel No. nonconforming as to total lot 12. 8:30 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October 11, 1991 Notice of Disapproval from the Building ~n~ect~r. ax amended, under .~ -icle ~II, Sec;ti~n 100-31A(2) for approval of a wholesale shei2fish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The located in the Agricultural-Conservation contains a total area of 40,000 sq. ft. subject parcel is (A-C) Zone District and Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2; also known as Lot ~3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79. 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. For more information, please call 765-1809. Dated: May 18, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .... ~/..~.~. ................. 19.~. for permit to ~,~./~..~..~......ofi~../4~-_~. ~..~. ~.~... .... at Location of Property..//..~..~.. ..... ~...t.~.· .~'~./t"~' ~"/~.... ~:7-'~ ..... County Tax Map No. I000 Section . .~..-~'. ........ Block . ~ ......... Lot .. ~.. ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds.../ff../~.-~,~t.,...~. ~. ~ .~.~...~../.~.. ~,. ~ .... ~.~..~. ~..~ ................ ...... Bu~_ldifnspector Rv 1/80 SEAS. VL. LAND IMP. TOTAL AGE NEW FARM Tillable NORMAL Acre Woodland Meadowland CARD ACR. , TYPE OF BUILDING Hous~P{~'w ~' BULKHEAD Total DOCK ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH Value Per Acre BELOW BUILDING CONDITION FARM COMM. CB. MICS. Mkt. Value DATE RE~RK r 4 r~,:~ COLOR /4/~ T TRIM Cd J,, · M. I~ldg. z 7',,zu' >.-,.,"-?;( l Extension ,~ xr;~'/-4j 2 y2y _.~//r> ~d Z,~..~ //~S~O Foundation /:?_., Bath Porch Basement ltl((, Floors -Porch,/), c ~ /'~ )f / ,L. i ~ ~z ~ ,~- ~ Ext. Walls ~,),_[ ,- :', / Interior Finish LR. Breezeway Fire Place / Heat ~j DR, ~ ~ ~C ~ T~e Roof Rooms 1st Floor Patio ~ Recreation Room R~ms 2nd'Floor FIN. B O.B. Dormer Driveway · MAP OF.. LOT' NO. '/'9 " ~ ,CLEA. VE 5 i:K)l NT- SECT; 3: GEEENF~-ORT ....... -~' ." ': ~J~=r~L.K CO. BUFF. CO. DEPT. OF, HEALTH BIrRVI~ FOR APPROVAl- OF CONB~RUC~ION DATE~ APPROVED; THE WATER BUPP~.Y AND lSt~ DIBPOBAI- BYITIEM8 FOR THll I DrNCE WIU. CONFORM TO ~TANDAR~B OF ~UFFOI,K CO, £ OF HEAl'TH. BERVIC, Ee. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAffNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNE DIRECTOR OF PLANNING July 10, 1992 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) Vangi, Mr. & Mrs. Antonio H~ggins, Lawrence & Marilyn o~eahy, Margaret 4104 4106 4109 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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 Pursuant to Article X/V of the Suffolk Cotunty Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cc~L~ission: xx Variance from the Zoning Code, Article III-A , Section 100-30A.3 __ Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __ Special Permit Appeal No: 4109 Applicant: Margaret Leahy Location of Affected Land: 1185 Wiggins Lane, County Tax Map Item No.: 1000- 35-5-8 Within 500 feet of: East Marion, NY __'Town or Village Boundary Line 'xx Body of Water (Bay, Sound or Estuary) xx State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Comments: Applicant is requesting permission.to construct deck addition to existing front pdrch with an insufficient front yard setback. Copies of Town file and related documents enclosed for your review. Dated: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Diniz~o, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 7, 1992 SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Ms. Margaret A. Leahy P.O. Box 83 East Marion, NY 11939 Re: Appl. No. 4109 - Variance for Front Yard Reduction Dear Ms. Leahy: With reference to the above application, please find attached a copy of the Board's findings and determination rendered at our June 30, 1992 Regular Meeting. In the event you find the alternative relief sufficient for the purposes intended, please return to the Building Department for issuance of the appropriate permits before commencing construction activities. We have also this date transmitted a copy of the decision to the Building Department for their permanent records, as well as a copy to the Suffolk County Department of Planning. Our referral is necessary under the Rules of the Suffolk County Administrative Code concerning projects within 500 feet of a sound, bay, inlet, and other waterways, or within 500 feet of a state or county road. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning Page 3 - Appl. N~109 Matter of MARGARET ]~EAHY Decision Rendered June 30, 1992 FURTHER RESOLVED, to GRANT alternative relief for an open 10' deep by 16' long open deck with a setback at not less than 28 feet from the front property line and conforming to all other yard requirements. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio. Nay: Member Villa (opposed to any variance to reduce the front yard beyond the existing step area since there are other alternatives for outdoor enjoyment, other than a variance, such as a ground level brick patio, or to locate this type of wooden deck construction in the side yard or rear yard areas.) Margin: 4 1. This resolution was duly adopted. lk * * /* / GERARD p. GOEHRINGER,~iRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 22, 1992 SCOTI'L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mrs. Margaret A. Leahy 101 West 12th Street, Apt. New York, NY 10011 4-0 Re: Appl. No. 4109 - Variance for Deck Dear Mrs. Leahy: In reviewing your documents, we find that the following information is necessary and is therefore requested as early as may be possible: (1) the corners of the proposed deck should be flagged at this time, and the closest distance from the proposed deck to the front property line should be measured and confirmed with our office if the deck is extending past the porch shown on the 1978 survey, then the distance would appear to be about 24 feet; (2) a rough sketch of a construction diagram of the proposed construction. Also, please find enclosed herewith as confirmation of the time, date and place of the public hearing is a copy of the Legal Notice as published by our office in the Long Island Traveler- Watchman, Inc. and Times-Review newspapers. Please have someone appear in your behalf at the time specified in the event there are questions raised at the hearing and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. Please provide the above information before June 2nd, if possible. Yours very truly, By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 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 BOARD OF APPEALS TOWN OF SOUTHOLD S,E.Q.R.A. TYPE II ACTION DECLARATION June 4, 1992 Appeal No. 4109 Project/Applicants: Margaret Leahy County Tax Map No. 1000- 35-5-8 Location of Project: 1185 Wiggins Lane, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct deck addition to front porch with an insufficient front yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765- 1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk May 19, 1992 Zoning Appeal No. 4109 of Margaret Leahy Transmitted herewith is Zoning Appeal No. 4109 by Margaret Leahy for a variance. Also included is: Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, dated April 27, 1992; Short Environmental Assessment Form; ZBA Questionnaire; copy of survey; and copy of deed. BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of The Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 4, 1992, com- mencing at the times specified below: 1.7:30 p.m. AppL No. 4107- RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Or- dinance, Article XXIV, Section 100-244B for permission to con- struct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The pro- posed walkway is five feet in width, located with an insuffi- cient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Pro- perry: 550 Fasbender Avenue, Peconic; also referred to as com- bined Lots No. I to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. 2. 7:35 p.m. Appl. No. 4108- DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinancg Arti- cle Ill, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use7 in conjunc- tion with the single-family residency by the owner. This use is to be accessory and subor- dinate to the principal residen- tial use, is for the rental of not55~ more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot ama of 1.3876 acres in this R-40 Zone District. Location of Property; 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, N.Y.; County Tax Map Parcel No. 1000-74-3-11. t'~3. 7:40 p.m. AppL NO. 4109- ~k MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III- A, Section 100-30A.3 for per- mission to construct deck addi- tion to existing front porch with an insufficient front yard set- back. This parcel has a noncon- forming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property:l 1185 Wiggins Lane, East Marion, N.Y.; Cleaves Point, Section Three, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8. ~ 4. 7:45 p.m. JOHN ROWAN (Property now or formerly of LUCIEN AR- CAS). This is an appeal under Article XXIII, Section 100-239.4 for a deck addition with an in- sufficient setback from the nor- therly property line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Exten- sion, Southold, N.Y.; County Tax Map Parcel No. 1000-50-2-16. 5. 7:50 p.m. Appl. No. 4111- JOHN G. AND MARIE ELENA BRIM. Request to Amend Variance to locate ac- cessory tennis court partly in the,~o front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Ar- ticle Ill, Section 100-33, and Ar- ticle XXIII, Section 100-239.4. Location of Property: Norther- ly side of Private Road (exten- ding off East End Avenue), Fishers Island, N.Y. ; FIDCO Block 18, Combined Lots IA and IB, having a total land area of 3.56+ acres in this R-120 Zone District. 6. 8:00 p.m. AppL No. 4105- JOHN J. FIORE. A variance is requested under Article III, Sec- tion 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone district. Location of Pro- perty: 3100 Cedar Beach Road (and the westerl~de of Sunset Way) at Bayview, Southold, N.Y.; also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112- HENRY AND BETTY HINT- ZE. A variance is requested under Article XXIV, Section 100~244B for permission to con- struct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article Ill, Section 100-33 for small accessory shed in the front yard. This pamel contains a total lot area of 14,500+ sq. ft. and is located in the R-87 Zone District. Location of pro~~ per tY.~ Right-o f-Way extending off the easterly side of Pipes Neck Road, Greenport, N.Y.; County Tax Map Parcel No. 1000-53-1- 15. 8. 8:10 p.m. Appl. No. 4106- LAWRENCE p. AND MARILYN HIGGINS. A variance is requested under Ar- ticle XXlII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., ex- tending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Road, Mattituck, N.Y.; County Tax Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. Appl. No. 4104- ANTONIO VANGI. A var- iance is requested under Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4A for permission to construct ad- dition to dwelling with a reduc- ed easterly side yard and within I00 feet of the top of the L.I. Sound bluff. This parcels con- tains a tots ara of 25,135_+ sq. ft. and is located in the R-40 Zone District. Location of Pro- perty: 645 Glen Court, Cut- chogue, N.Y.; also referred to as Lot No. 1, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Tax Map Designation: 1000-83-1-17. 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing · bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, N.Y.; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. 11.8:25 p.m. Appl. No. 4098- TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for proval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Aquaview Avenue, East Marion, N.Y.; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 12. 8:30 p.m. Appl. No. 3975- ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October 11, 1992 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section I00-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and con- tains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, N.Y.; County Tax Map Parcel No. 1000-69-5-13.2; also known as Lot No. 3 of the Minor Subdivi- sion of Judith T. Terry approv- ed by the Southold Town Plan- ning Board 10/1/79. 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 hear- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: May 18, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. OOEHRINGER CHAIRMAN - By: Linda Kowalski ' '~ ~: IX-5/28/92(81) COUNTY OF SUFFOLK STA'I'I-: OF Nf:~'OP, K Patricia Wood,' being duly sworn, says that she is t Editor, of THE LON.G ISLAND TRAVELER.WA'rCHMA a public newspaper printed at Southold, in Suffolk Coun and lhat alit notice of which the annexed is a printed col has hut'r~ jmblishe(I in said Long Islan(I 'l'r;welef)W;Hchn OllCe each week rOI' . ............... .........../' We successively, commencing on the ................... da.y of. ....... .~. ~..' .'~.~. ..... 1 9..~.~ ~ Sw(n'n to before me Ihis ~..,-z:<-- (Iai .......... ........ Notary Public BARBARA A. SCHNEIDI NOTARY PUBLIC, SttIe ol Ne No. 4806846 quaJilied in Sullo}~ COL)F Commission Expires 0°/3 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. oer~e ~,o~en, Jr James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Page 6 Public Hearing Southold ZBA 6/4/92 Appeal # 4109 Applicant(s): Margaret Leahy Location of Property: 1185 Wiggins Lane, East Marion, NY County Tax Map No.: 1000-35-5-8 The Chairman opened the hearing at 7:42 p.m. and read the Notice of Hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey dated June 19, 1978 from Roderick VanTuyl, P.C. The nature of this application is an elongation or an extension of the existing covered porch area, which is somewhat nestled into the front of this house. We will ask the applicant to further state the reasons. Is there anything you would like to state for the record, Mrs. Leahy, Miss Leahy? MARGARET LEAHY: No, as I stated in my ..... CHAIRMAN GOEHRINGER: Could I just ask you to use the mike, if you wouldn't mind. MS. LEAHY: As I stated in my application, when I bought the house, I thought I had a lot of peace and quiet in the back. As it turned out, I had to take out a lot of trees and I get a lot of traffic from Route 25 and that noise. And in contrast I have a rather lovely view and I would just like to extend the porch. It is about two (2) feet above ground. And I have spoken to my neighbors and they don't have any problem with it. It would be covered with shrubbery, naturally, and I think it would be rather unobtrusive. CHAIRMAN GOEHRINGER: So, we are talking the same grade as the existing enclosed, when I say it, I am not referring enclosed, I mean roofed porch, okay. MS. LEAHY: itself. Not roofed, exactly, just an extension of the porch CHAIRMAN GOEHRINGER: Okay. And the only improvements to the deck, would be a railing, which you would probably be required to put in, by the Building Inspector. Is that correct? MS. LEAHY: Yes. CHAIRMAN GOEHRINGER: And the deck is eight (8) feet out and sixteen (16) feet wide, long. MS. LEAHY: That would be the extension. The current deck is six by sixteen (6 x 16). Page 7 Public Hearing Southold ZBA 6/4/92 CHAIRMAN GOEHRINGER: (16) feet along. So, again eight (8) feet out and then sixteen MS. LEAHY: Right. CHAIRMAN GOEHRINGER: Okay. There may be a question on this. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Bob, you got a question on this? MEMBER VILLA: No, I don't have any questions. CHAIRMAN GOEHRINGER: You don't have any questions. Okay. Anybody have a question? Okay, I guess there is no questions. Thank you. Seeing no further questions, I will make a motion closing reserving decision until later. End of hearing. Lorraine A. Miller (Transcribed by tape recorded 6/4/92) 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I~PROJECT INFORMATION ~o be completed by Applicant or Project sponsor) 3. PROJECT LO~TION: 5. IS PROPOSED ACTION: [] New [] Exoansiofl ~ModlflcatIonlalteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED; Initially ~ acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH E. XtSTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9. HW~H~T IS PRESENT LAND USE IN VICINITY OF PRQJECT? . esidenttal [] Industrial [] Commercial [] Agriculture [] ParkJForest/OPen soace [] Other 10, DOES ACTION INVOLVE A PERMIT APPROVAl OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl_ ~OEB ANY ASPE~CT CF THE ACT!~,N HAVE A CURRENTL'~ VALID PERMIT OR APPROVAL? AS A RESULT CF PROPOSED ACTION WILL EXISTING PERMIT~APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete t~e Coastal Assessment Form before proceeding with this assessment I side) OVER 1 · (Continued on reverse The N.Y.S. Environmental Quality Review Act requires of before any action is taken, th~s ~oard project and the likely impacts of the action. It is not expected that (b) If any question has been answered Yes the project may be sig- (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or 3. Will project alter Or have a large effect on an existing body of water? 4. Will project have a potentially large impact on groundwater quality? __Yes 5. Will project significantly effect drainage flow on adjacent sites? · ___Yes ~'___~o 6. Will project affect any threatened or endangered air quality? 8. Will project have a major effect on visual char- known to be important to the community? ~Yes 9. Will project adversely impact any site or struct- importance or any site designated as a critical environmental area by a looal agency? 10. Will project have a m~jor effect on existing or future recreational opportunities? ___Yes ~No il. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, ance as a result of the project's operation? _~Yes X No 13. Will project have any impact on public health 14. Will project affect the existing community by period or have a major negative effect on the charact~ of the community or neighborhood? ~5. Is ther~ public controversy concerning the . project? ReDresenting: ~. ZBA g/q5 " -- QUESTIONNAIRE 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: (Separate sheet may b~ attached.) B. Is the subject premises listed on the real estate market ~or }-or being shown to prospective buyers? { } Yes C. Are there =~:y p=uposals tm =hangeDT alter land cuntour~? { } Yes ~} No 1. Are there any areas which contain wetland grasses? ~D 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkhea~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 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 fences which e~t and are not ~hown on the survey map that you a~a 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 map as approved by the Building Department. If none, please state. H. Do you.Qr any co-owner also own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. ' I. Please list present use or operations conducted at this parcel ~~N~ ~-- __ and proposed use '~_~__~_~--f~._ 3/87, 10/901k § 97-13 WETLANDS TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added ti-5-84 by L.L..No. 6-1984] '.v Ei~..A~x,r'DS [Amended 8-26-76 by L.L. No. 2-1971~; 3-2{]- 85 b.v_r,~L N~- ~-1985]: '-fL~°".'.~' -*',~ (1) Ail lands generally covered or intermittently cov- ered with. or which border on, tidal waters, er 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. begs. salt marsh, swamps, meadows, fl~ or other low tying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, groundzeL m~ahm. Haw ~.nd /ow Bo (3) All land immediate~ adj,.cent ~ 'a tidal w~tland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of iUcl~ a tidal wetland. FRESHWATER %VETLANDS: (1) 'Freshwater wet ands" as defined in Article 24, Ti- tle I, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediatel?~,~d, jacent to a."freshwater wet- land." as defined in Subsection B(1) and lying w~th- ,n seventy.five (75)'feet landward of the most land- ward edge ora ..... freshwater wetland. 9705 z.:s.~s ..STATE Gllc NEW YORK. COUNTY OF On re '28th d~y o! May personally came MURIEL A. SAMMARTINO bUr 1- ULIt ss: el9 91 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the NOTARY PUBLIC, State of New York No 4525509 lerm Expires February 28,~ STATE OF NEW YOLK, COUNTY OF On the day of 19 , before me personally came to me known, who. being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YOLK. COUNTY OP On the day personally came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF Is: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation: that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. ]turguiu anb ~'alr ]lrrb TITLE No. SAMMARTINO TO LEAHY american title inaurance company northeast region SECTION BLOCK LOT COUNI'Y OR TO'~t/N RETURN BY MAIL TO: John E. Gilles, Esq. 320 Conklin St. Farmingdale, NY 11735 the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVI~ AND TO HOLI) the premises herein granted unto the party of the second par~, the heirs or successors and assigns of the party of the second part {orever. the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part'will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the sa,ne for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN ~ WH~OIe, the party of the first part has duly executed this deed the day and year first above MURIEL A. SAMMARTINO 'L lille Insurance Company Northeast Region ^ Meridian Company Title No. 163-3648 SCHEDULE A Policy No. ALL that certain plot, piece or parcel of land, situate, lying and being in East Marion, Town of Southold, County of Suffolk and State of New York, known and described as Lot No. 79 on a certain Map entitled, "Map of Section 3, Cleaves Point", filed in the Office of the Clerk of the County of Suffolk as Map No. 4650 on June 14, 1966, being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Wiggins Lane distant 212.93 feet westerly from the corner formed by the intersection of the northerly side of Wiggins Lane with the westerly side of Maple Lane. Said point of beginning is also where the division line of Lots 79 and 80 intersects the northerly side of Wiggins Lane; RUNNING THENCE along the northerly side of Wiggins Lane South 66 degrees 39 minutes 50 seconds West 100.00 to Lot 78 on said Map: RUNNING THENCE along the division line of Lots 78 and 79 North 23 degrees 20 minutes 10 seconds West 125 O0 feet; ' RUNNING THENCE North 66 degrees 39 minutes 50 seconds East 100.00 feet to Lot 80 on said Map; RUNNING THENCE along the division line of Lots 79 and SO South 23 degrees 20 minutes 10 seconds East 125.00 feet to the northerly side of Wiggins Lane ~ th~ ~0~5~ Together with all right, title and interest of, in and to any streets and roads abutting the above described premises. MURIEL A. SAMMARTINO DISTRICT 1000 SECTION 035.00 BLOCK 05.00 LOT 008.000 CONSULT YOUR LAWYER ! SIGNING THIS INSTRUMENT--THIS INSTR~IT SHOULD BE USED BY LAWYERS ONLY. nulete~l~ hunclred and ninezy one 141JI.tlEL A. %AMIqARTII~O, as surviving tenant by the entirety, residing at: 11 Glengariff Road, Massapequa Park, NY 11762 ~ J.lO party of the first part, and MARGARET A. LEAHY, residing at I01 West 12th Street, #4-0, New York, NY 10011 party of the second part, ~~, that the party of the first part, in consideration of TEN dollars, lawful money of the United States. and other lawful consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part. the heirs or successors and assigns of the party of the second part forever, ~ that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying' and being in the SEE SCHEDULE "A' ATTACHED HERETO AND MADE A PART HEREOF REAL ES S,~ [,,-~ HD R~40 R-80 R-4C ISLAND (D Z ~:. ~'~J~4- I''~'' I~ COUNIY OF SUFFOLK ~ '~ "~,JReal Property Tax Serv'ce Agencyl*,~ ZIP [] TOWN CLERK TOWN OF SOUTHOLD Suffolk County, New York Phone 516-765-1801 Southold, NewYork 11971 . , , 4, Date ~] t · Cash [] 43506' 19 Judith T. Terry, Town Clerk / 'IIECEIVID TOWN OF SOUTHOLD, NL~V YORK SIltlIRI~~ISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. , ./ur. j..~ ~ , ~ /.-~..~.." ,. (we)..~.~..~.~,~.~..6......L...~ ..... o, .................. L/2.~.~.~..~ ................................... Nome of Appellant Street and Number J~; ' ~ £ ~ .......... H REBY APPEAL 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 ........... .... Name of Applicant for permit ~ of ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Street and Number Municipality State ,. LOCATION OF THE PROPERTY ..!.!.~..~.....~..L.~.~.~f~...~....~....~..:......&'~.....~...~.~ .................... Street /Hamlet / Use District on Zoning Map mstr~ct ]000 Section~ock ~ot ~ C'~re.t 0..e, ~J~-~-~' X~ ~ Mop No. Lot No. P~i or Owner. ~'~,~u-x~o.~z41~')~, 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~]~ Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ~ 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. ! 6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (~ 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 Appeal No ................................. Dated ............................. ~ ........................................ ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultl~-~f tiFIt~i:di~on~ ~ sary HARDSHIP because When I chose to purchase a home in Cleaves Point Estates it was because I fell the surroundings would provide a very welcome contrast from my weekday life in New York City, particularly in my ability to escape the ongoing noise which is so much a part of city life and to enjoy the beautiful surroundings of nature. Much to my dismay, I found in using the deck behind my new home, the traffic on Route 25 was extremely noisy and irritating. In addition, what little protection 1 had between my property and Route 25 was in the form of Black Pine trees, the balance of which I am in the process of removing because of blight. As a result, the noise is more evident, and the road is now partially within view from the deck. In contrast, the view from the front porch o[_.m_.y~ home is across an empty lot onto Dawn Lagoon, which is quite lovely. In addition, there ~ very little traffic on Wiggins Lane because the only road beyond Wiggins is Dawn Drive which is a dead end. Therefore, using the front of the house provides both the quiet and the scenic beauty I am seeking and it is for this reason I would like to extend the porch. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property end in this use district because My neighbor to the left has trees and brush between their property and Route 25 and do not seem to be bothered by the traffic. My neighbor to the tight has trees and a house behind their property, so it doesn't seem to be an issue with them either. I spoke to both of them about my plans before pursuing them and they had no objections. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISII<ICT because The character of the district would not be changed because - even thought the porch would be beyond the 35' setback requirement, it would be less than 2' above ground and would in no way interfere with any views. In addition, since I plan to landscape around the base, much of the actual extension would be hidden from view. STATE OF NEW YORK ) } ss COUNTY Sworn to this ..~.~.....~~ ................ day of ................... II~^__.v..~..~...~. ...... BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of to the Board of Appeals of the Town nf Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~ (Special Exception) (Special Permit) (Other) [circle choice] I. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ._t~ ~ 7~~ ~/~L~..~_.~ . -- 3, That the property which is thr. subject of such Petition is located in the following zoning districl: 4 Thai b~, such Petition, the undersigned will request the following relief: / fi/ signed areS' That/LCLLclethe provisions.of,.~._~/~the SoutholdsectionTOWn Zon. igg~/g:ff ~:~C°de-- apxfiicable,~ ~,~ to,.ot~he relief sought by the under- [ ] Section 280-A, lieu York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Off ce at Main Road Southold New York and you may then and there examine the same during regular office hours. (5].6) 7~'5-1809. ' 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:.~',~//,~ ~- Petitioner Owners Names:~ ~f~ ~ Post Office Address / ..... -7-' .....' Tel. No. (~) ~TZ -- ~~ [Copy of sketch or plan showing proposal to b~'~ttached for convenience purposes.] ~' NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED M. AIL RECEIPTS ADDRESS 812 580 870 Certified Mail Receipt Insurance Coverage Provided DO not use for International Mail (See Reverse) Street & NO RO, State & ZIP Code Cedified Fee Special Delivew Fee Restricted DeliveW Fee Return Receipt Shewing to Whom & Date Delivered Return Receip~ Shewing to Whom, P 812 560 869 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail (See Reverse) Street & PO , Slate & ZIP Cede Certified Fee , Special Delivery Fee Restricted Delivery Fee Return Receipt Shewing to Whom & Date Delivered Return Re~owing to Whom, STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~,'~ ~ ~ ~ ~ of ' ' ,~9 ,deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current asse~ent roil of the Town of Soulhold;that said Notices were mailed at the United States Post Of- C~ ~( ~0~ ~ ; that said Notices were mailed to each of said persons by ~ifi~r~gis~ed) ma~. (This side does not have to be completed on form transmitted to adjoining property owners.)