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HomeMy WebLinkAbout3830 �S�FFOLk�O�� Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3830: Application for REV. CHARLES BELL for a Variance to the Zoning Ordinance, Article III-A, Section 100-32A and Bulk Schedule for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Zone District: R-40 . Location of Property: 1330 Donna Drive, Mattituck, NY; Lot #32, Deep Hole Creek Estates; County Tax Map District 1000, Section 115, Block 15, Lot 15. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of REV. CHARLES BELL under Appeal No. 3830; and WHEREAS, 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, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the westerly side of Donna Drive, in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000 , Section 115, Block 15, Lot 15 . 2. The subject premises is known and referred to as Subdivision Lot No. 32 on the Map of Deep Hole Creek Estates, Map No. 4256, approved January 28„ 1965, contains a total area of 20,467 sq. ft. , road frontage of 180.07 feet, and average lot depth of 113 . 50 feet, and is improved with a single-family, one-story frame house, all as shown on survey prepared by Roderick VanTuyl, P.C. dated November 20, 1978 . Page 2 - Appeal No. 3830 Matter of REV. CHARLES BELL Decision Rendered March 16, 1989 3 . By this application, appellant requests a variance from Article III-A, Section 100-32A, and Bulk Schedule of the Zoning Code, for permission to construct new 11 ft. by 16 ft. extension at the southwest section of the rear portion of the existing dwelling, and attached to an existing screened (deck or) porch. 4. Article III-A, Section 100-32-A and Column ii of the Bulk Schedule, of the Zoning Code requires a minimum rearyard setback at 50 feet. Article XXIV, Section 100-244(B) permits a rearyard reduction for a principal structure to 35 feet for lots containing less than 20 ,000 sq. ft. The subject premises contains a lot area of 20,467 sq. ft. , and therefore is regulated by a 50-foot minimum rearyard required for nonconforming lots containing more than 20,000 sq. ft. but less than 40, 000 sq. ft. 5. The closest setbacks of the dwelling with the rear deck, as existed prior to its replacement with the new deck, scales at a setback of approximately 30.5 feet from the rear property line. The setback requested by the proposed 11' by 16' addition, which will be in line with the above-mentioned deck, is 19. 5 to 20. 5 feet (average of 20 feet) , depending on the angle. 6. The amount of relief requested by this application is 30 feet from the current zoning code, effectuated on or about January 22, 1989. The zoning requirement prior to January 22, 1989, required a minimum rear yard setback for a principal structure at not less than 35 feet under Column A of the Bulk Schedule, and Section 100-31. 7. In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the variance requested is uniquely related to the property and will not alter the essential character of the neighborhood; (c) the variance requested is the minimal necessary to afford relief and is not substantial; (d) 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; (e) in view of all of the above factors, the Page 3- Appeal No. 3830 Matter of REV. CHARLES BELL Decision Rendered March 16, 1989 interests of justice will be served by granting the relief, as applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appeal No. 3830 in the Matter of the Application for REV. CHARLES BELL, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Members Doyen and Sawicki were absent. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN i� BOARD MEMBERS OF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �0�� Ty�lO 53095 Main Road-P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��yCOUNT'l Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 November 16, 2018 Philip Manning 1330 Donna Drive Mattituck,NY 11952 RE: Request for De Minimus Determination Appeal No. 3830,Bell SCTM No. 1000-115-15-15 Dear Mr. Manning; I am in receipt of your correspondence, dated November 7, 2018, and received November 13, 2018, requesting a de minimus determination in the above referenced Zoning Board of Appeals decision. In your letter, you request a de minimus approval to replace the screens of a screened in, roofed over deck with windows and to support the deck with a more substantial foundation in order to remedy the deteriorated structure and prevent further damage by stormwater runoff. Based upon the information provided, I have determined your request is de minimus in nature because the setback variance relief granted in the 1989 decision(#3830)will not change, the wall dimension of the proposed window areas will not change, and the prior Board did not impose any conditions regarding the construction of the screened in deck. Furthermore, the proposed reconstruction upholds the intent of the original ZBA decision. Please contact our office if you have any further questions or concerns. I will`instruct the office to send a copy of this letter and your request to the Building Department. Since ly, Cshe Kan s Weisman Chairperson cc: Michael Verity, Chief Building Inspector November 7,2018 Ms. Leslie Kanes Weisman RECEIVED Chairperson NOV I 54375 Main Rd P.O. Box 1179 ZONING BOARD OF APPEALS Southold,NY 11971 Dear Chairperson Weisman, I am writing to ask that the Zoning Board consider a request for a de minimis exception to the requirement for a variance for the following. On April 26, 1990,the Town of Southold Building Department issued a Certificate of Occupancy,#Z-18992,for an addition to the property 1330 Donna Drive,Mattituck.The document states that the CO is issued for"...screen in deck&addition to existing one family dwelling as permitted by ZBA#3830."A copy of the CO is enclosed. In addition,I have enclosed photographs of the addition and screened deck. In March 2018 I purchased the property for my family home and have been issued a building permit for several improvements to the property. One of the improvements proposed was to replace the screens on the deck with windows and to support the deck with a more substantial foundation.When it rains,water comes into the screened area and over time the deck and the supporting structure has deteriorated significantly. Please note that with the proposed improvements the footprint and wall dimension of the screened area will not change and the roof over the area will remain the same. I respectfully request that the and Zoning Board approve this request without the requirement for a full board meeting review.It is my understanding that it is possible that the board has the ability to approve such a request. Thank you for your consideration. Yours truly, Philip Manning 1330 Donna Drivel Mattituck,NY'11952 r � h }} f � [ t J` 9r { i t -. ,-71 alorp _f 41 wee c , r F i i } E d a; �4 .r . y r .. 3 � Sl ^ S: r W 1 ✓R i •n i yi�i 4 y i J 4 _ jy y. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI NOTICE OF HEARINGS JAMES DINIZIO, JR. NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 9, 1989, at the following times: 7 : 30 p.m. Appl. No. 3826 - GLADYS W. HOWELL. Variance to the Zoning Ordinance, Article VII , Section 100-71 for approval of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure, in this Residential-Office (RO) Zone District. Location of Property: 51470 Main Road, Southold, NY; County Tax Map District 1000, Section 70, Block 2, Lot 2. 7: 35 p.m. Appl. No. 3825 - SUSAN A. FORBES. Variance to the Zoning Ordinance, Article III , Section 100-31, and Article XXIV, Section 100-244 for approval of open deck addition with an insufficient front yard setback. Lot area of premises is nonconforming at approximately 11, 300 sq. ft. in this R-80 Zone District. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 7 : 40 p.m. Appl. No. 33813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances to the Zoning Ordinance, Article III, Section 100-32C and Column iii of the Bulk Schedule, for permission to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Private Road #11 (also referred to as Aldrich Lane Extension) , extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. 7: 45 p.m. Appl. No. 3828 - ROSEMARY SULLIVAN. Variances to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct 10' by 14 ' addition (replacing existing deck) with an insufficient rearyard setback and in excess of the maximum 200 lot coverage requirement. Zone District: R-40. Location of Property: 5365 Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 1, Lot 11. • Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 7: 50 p.m. Appl. No. 3823 - THOMAS THOMPSON. Variance to the Zoning Ordinance, Article III, Section 100-32, and Bulk Schedule, for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Zone District: Agricultural-Conservation (A-C) . Location of Property: 2890 Bridge Lane, Cutchogue, NY; Lot #10 on Map of Ismar Acres (Approved March 13, 1973) ; County Tax Map District 1000, Section 851, Block 2, Lot 22. 7 : 55 p.m. Appl. No. 3830 - REV. CHARLES BELL. Variances to the Zoning Ordinance, Article III-A, Section 100-32A, and Bulk Schedule, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Zone District: R-40. Location of Property: 1330 Donna Drive, Mattituck, NY; Lot #32, Deep Hole Creek Estates; County Tax Map District 1000, Section 115, Block 15 , Lot 15. i Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 8:00 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the Zoning Ordinance, Article III-A, Section 100-32A, for approval of swimming pool with fence enclosure in the side yard area. Zone District: R-40. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. 8: 10 p.m. Appl. No. 3824 - NICK AND KATIE NICKOLAUS. Variance to the Zoning Ordinance, Article III , Section 100-33 (previously 100-32) for permission to locate accessory building in an area other than the required rear yard. Zone District: R-80. Location of Property: 17555 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 1, Lot 2. 8: 15 p.m. Appl. No. 3811 - RICHARD AND JANET SCHLUMPF. Variances: (a) to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct principal building with an insufficient front yard setback, and (b) pursuant to New York Town Law, Section 280-a for approval of access over private right-of-way referred to as Silkworth Road extending from the east side of Westphalia Avenue (Road) , Mattituck, NY. Zone District: R-40. Location of Property: Lot #1, Map of Point Pleasant; County Tax Map District 1000, Section 113 , Block 9, Lot 12 . Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 8: 20 p.m. Appl. No. 3785 - RAYMOND F. NINE, PAMELA NINE AND CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III-A, Section 100-31A(B) for permission to establish "Bed and Breakfast Use," 'an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms, ' in conjunction with owner-occupancy as a single-family dwelling use. Location- of Property: North Side of New Suffolk Avenue,- Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20 . Zone District: R-40. 8: 30 p.m. Appl. No. 3829 - FRED RENGANESCI and BARBARA REITER as Applicants for a Reversal of a Determination by Building Inspector to Grant Building Permit No. 17508-Z dated October 6, 1988 concerning a proposed "steel building for indoor storage of boats" to be located at premises referred to as "MATT-A-MAR," now or formerly owned by Wickham Road Marina, Inc. Zone District: Marine (M-II) . {Previous Zone District: B-Light Business) . Application was filed citing the Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 prior Zoning Code, Article VI, Sections 100-60 and 100-61, and Article XIV. New Zoning Code citations refer to Sections 100-121 and 100-122, and Article XXVII for the same or similar provisions for this M-II Zone District. Property Location: West Side of Wickham Avenue, Mattituck, NY; County Tax Map District 1000 , Section 114, Block 3 , Lot 1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: February 9, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x Copies to the following on or about February 17, 1989: Suffolk Times, Inc. L.I . Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. Gary Williams, PO Box 1415, Southold, NY 11971 (for Howell) Ms. Susan A. Forbes, Box 802, Orient, NY 11957 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for S. Hills) Mark Finne General Carpentry, 1370 Lighthouse Road, Southold, NY 11971 (for Rosemary Sullivan; for Rev. C. Bell) Mr. Thomas Thompson, 2890 Bridge Lane, Cutchogue, NY 11935 • • FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . v.-�Qt.Ku . . . T. . . . . .. 19M . . To puz Ifir,.,,� . . . . . . . . . . . .�. . . . . . . . . . A?:LI. . . ! !q:.1 . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . .µ:Vi-y' • A_ • • • . . • • •, 19 for permit to ar, �n atp Location of Property 3 3 D 1 G6ut 1-� House No. Street . . . Hamlet County Tax Map No. 1000 Section . . . .IN. . . • . _ Block . . �S . . . . . . . . Lot .!S . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds .� cX� i� ec , )vb�- 3L• ec . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector. . . . . . . RV 1/80 TOWN OF SOUTHOLD, NEW YORK ,Z X 0" * Ot' EIVEa APPEAL FROM DECISION OF BUILDING INSPECTOR I� '3a m . APPEAL NO. 36 FT8 14 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN O F S 1, (We.....r4�..4 � .. �......................of �:..j7w�.www" `: ,!!�............................. Name of Appellant Street and Number .......... .M. .....c.:!v.................................................... ��.. ..:..............HEREBY APPEAL TO Municipality tate 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 App 'cant for permit ................ ...... M .. .......................... Street and umber Wu ate ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( L/ 16.E -/6 (3.4.1-doo addt�_�) 1. LOCATION OF THE PROPERTY 1330.......... .:........................................ .......p Street /Hamlet / Use District on ZoningMa District 1000 Section//57 131ocR5 Lot jj Current Owner a Mop No Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section /00.- 3.-1, 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( L, A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( vY A Variance to the Zoning Ordinance is requested for the reason that Iz Form zsi (Continue on other side) _. r.,: � t REASON FOR APPEAL • Continued • ` 1. STRICT APPLICATION QF THE: O�ZDINANCE would produce practical difficulties or unneces- sary HARDSHIP because D--o 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because N,, C - 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE 2 CHARACTER OF THE DISTRICT because tkeA ,Go Q" &' ` L'y' 4�u1� a 6 Low 04 -iw-� J.�k STATE OF NEW YORK ) I ) ss 9........................................... COUNTY OF`•�Ik) Si nature Sworn to this ..................I.Y.`5 .............. day of........Fa YK4 Gc.< ... .................. 19g�f .. Notary Public ELIZABETH ANN N Notary Public,State of New York No.62-8125850,Suffolk GotiMy Term Expires October 31,19 , .TOWN OF SOUTHOLD PROPERTY RECORD r CARD a "� OWNER STREET VILLAGE DIST. SUB. LOT - ex" FORMER OWNER N E ACR. '-po- MessiI S W TYPE CF BUILDING RES. SEAS. VL G) FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS fd � v !� r6 `VI/d o , , e✓ �tw 8vyo ut. one /etmd/` 01wc// .F.C, Oy,S'000 c--- 00 77,04 i?-a / sir 7jF' AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre , Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK ■■■■■■ . .• ■■■■■■■ ■■■■■■■■nil■■■■■■■■■■ IMMMM. ■■■■■■■..■■■■■■■■■.. ■■■■■ IMMMMM IMMMMMMMMMEMMMMMMMMMM ■■O■M■■■■Y■■■■■■■■■■ ■■■I■:: MOMMMMii■iliil■■■11■■■■■■■■ ■■■31 M ■■■M■■■�I■l�11■■■■■■■■ ■■■■---- - -- ■■�lMVAMMM■i11:l�■■■■■■■ � LA ; ■■mel■nali■■�■■■■n■�■�1■■■■■■■■ .. Foundation :• Basement 00 0 Interior Finish Fire Place x Rooms I st Floor .}•u n'v 3. ' _ F9v Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI March 22, 1989 JAMES DINIZIO, JR. Mark Finne Carpentry, Inc. Lighthouse Road Southold, NY 11971 Re: Appl. No. 3830 - Rev. Charles Bell (Variance) Dear Mark and Pat: Transmitted herewith for your perusal and file is a copy of the Board' s determination recently rendered by the Board of Appeals in the above matter. Copies of this decision have also been furnished to the Building Department Office to update their files. Please be sure to return to the Building Department and other appropriate agencies/departments for other approvals or documents which may be necessary prior to commencing construction activities. Yours very truly, GERARD P. GOEHRINGER RMAN L Y' C.-n- r in�a Ko ski Enclosure Copy of Decision to: Office of the Building Inspectors \,t, ,, s'• , J I 1 { . �`+. 'x'11111111111111 � �;�,,�d�. ,.�• � 1'� �`�a �1111�11' 1111111 F j �(4 j ,1"f�� �� 4 :' �.'�1 .-� .� �l yl. ? "�', ��'-wrR�..•E P�w`.r�.. �,.T l 1••�Q.��..!!1�..• �1 �l�� f 1 j��ilyA{4 �1 ' { 7,�T„4��a 14N{7�'1" .� 17 irrr f .A'�•,+1i r A..,� x!1,11 �N'"lnT�,'A.�.j`� � '+1�� r .- �� 1 ;��,•M1v r j���� �; �� ' r: l ���, e� �� � ��� I i+ 4"i 1 ,. - ':♦ , r� ti � F ��, .fie, �y�t�,��t + t � 1 ,1 r dl��y�. � ♦ � � i 4 v � 1 `j r�� + 1 - r ►. .� rl ,i �i r l} ,r`;r �� \ �ij {� �+ S r __ Y r,, A�1s``�� � Z r''fir •t � �w '� I ",w•ul ' �,, r r w .. � r .rt• � �. i ��. r fit" A } Art left ?M]R. rt - '''• .s QrN� �I lu . S �- M ti o,/k /Yll zk - � .- 111 " _ � '• :. � . r r t � 1 � 1 XaWN OF SOUTHOW, NEW y0pV DATE ...Ju ....13 J, 1972 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1596 Dated June 23, 1972 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To (le a walker Appellant z-� rter Road Selden, New York at a meeting of the Zoning Board of Appeals on3.u37 13a 1972 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section Subsection .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8x40 F+M• (E.S.T. ), upon application of George Walker, 2 Charter Road, Selden, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to divide property and sell as separate lots. Location of property: Lots 32 and 34, 11ap Yo, 4256, Mattituck, New York. Fee paid X15.00, 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 Marjorie McDermott, Secretary Southold Torn Board of Appeals After investigation and inspection the Board finds that both of these lots which are back to back are approximately 20!000 sq* ft* in size and are on an approved Map, approved by the Planning Board on January 18, 1985. The -roads in the subdivision have not been approved. There are 71 lots in the subdivision. The Board see no_ reason why the applicant should be required to have 1. 0000 sq. ft., RS lots across the street in part of the same subdivision have 20,000 sq. ft. On Theresa Drive, Nos. 13, 12, 11 have houses on the lots. The lot to the south of these two lots was sold as a single lot in 1971. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and .in the same use district; and the variance will not change the character of the neighborhood and will obewrve the spirit of the Ordinance. TEMEFORE IT WAS RESOLVED George Walker, 2 Charter Road, Selden, New York, be GRANTED permission as applied for to divide property and sell as separate lots. Location of prope$tys Lots 32 and 340 rap No. 42568 Mattituck, New York. Vote of the Boards Ayes:- Messrss Gillispie, Bergen, Grigonis, Hulse. NOTICE OF HEARINGS WATICE IS HEREBY I �� `4 GIVEN, pursuant to Section • • 267 of the Town Law and the Code of the Town of Southold, COUNTY OF SUFFOLK the following hearings will be STATE OF NEW YORK ss: held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Patricia Wood, being duly sworn, says that she is the Road, Southold, NY 11971, on THURSDAY,MARCH 9, 1989, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, at the following times: a public newspaper printed at Southold, in Suffolk County; 7:50 p.m. Appl. No. 3823— and that the notice of which the annexed is a printed copy, THOMAS THOMPSON. Variance to the Zoning Ordi- has been published in said Long Island Traveler-Watchman nance, Article III, Section once each week for . . . . . . . . . . . . . . . . . . . . ./ . . . . weeks 100-32, and Bulk Schedule, for approval of existing swimming A3111�1 pool with deck areas which will successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . have an insufficient rearyard set- back when attached by a raised q deck to the rear of the existing day of . . . . . .. 19 .�./ . dwelling.Zone District:Agricul- tural-Conservation(A-C). Loca- tion of Property: 2890 Bridge. Lane, Cutchogue, NY; Lot #10 on Map of Ismar Acres (Ap- proved March 13, 1973);Coun- ty Tax Map District 1000, Sec- A—/ do 85, Block 2, Lot 22. Sworn to before me this . . . . . . . . . .�:3 . . . . . . . day of 7:55 p.m. Appl. No. 3830 REV. CHARLES BELL. Vari- ances to the Zoning Ordinance, • • • • • • • • .� • • • • f . . . . . . 19 Article III-A, Section 100-32A; and Bulk Schedule, for permisr r ' sion to construct addition at rear of existing dwelling with ant insufficient rearyard setback. L ? .c � . . Zone District:R-40.Location cif Property: 1330 Donna Drive, , Notary Public Mattituck, NY; Lot #32, Deep CARBARA A. SCHNEIDER Hole Creek Estates;County TaxI I P;CTtiRY Map PALIC, State of New York District 1000,Section 11.), No. 4806846 Block 15, Lot 15. Qualified in Suffolk County/ :00 p.m. Appl. No. 3814— L�:;ia;ission Expires ��i�qo RYCK KOKE. Variance to the Zoning Ordinance, Article III- A, Section 100-32A, for ap- proval of swimming pool with fence enclosure in the side yard area.Zone District: R-40.Loca- tion of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District ` 1000,Section 70, Block 13, Lot 20.2. 8:10 p.m. Appl. No. 3824— NICK AND KATIE NICKO- LAUS. Variance to the Zoning Ordinance, Article 1I1, Section,' 100-33 (previously 100-32) for! permission to locate accessory building in an area other than the required rear yard.Zone Dis- trict: R-80. Location of Proper- ty: 17555 Soundview Avenue, Southold,NY,County Tax Map District 1000,Section 51, Block `h ttiiTnccun--t.r- Ile-- Property: 5365 Peconic Bay Voulevard, Laurel, NY,County Tax Map District 1000, Section 12b—Block 1 ljot 11. to the Zoning Ordinance,Article III- Section 5 1AWk 1,Lot 2. (Previous Zone District: B-Light Legal Hobe®s a. A,Section 100-32A for permission 8:15 p ppl. No. 3811 - Business).Application was filed cit- to construct 10' by-14' addition RICHAR AND J AN E T . ing the prior Zoning Code, Article replacing existing deck)with an m r' SCHLUMPF. Variances: (a to the Sectious,100 60 and 100 61,and..._ f tDTICE'V -F`... . RARINGand OS <sirfficient reriiya�d setbadi 'in ex_:Zaung Ordmaaca,Article YIi-AA ere, =LArticle XIV.New Zoning Code cite- i" NOTICE IS HEREBY GIVEN, `ceu of the maximum 20961st oover� - , non 100-32A for permission to con -;_tions refer to Sections 100 121 and pursuant to Section 267 of the Town °age require-ntent.Zone District:R- swct principal building with an in-,_ 100-122,.and Article XXVH for the Law and the Code of the Town o0.-location of Property: 5365 sufficient front yard setback,and(b) same or similar provisions for this Southold,the following hearings will Peconic Bay Boulevard,Laurel,NY; pursuant to New York Town Law, M-11 Zone District. Property Loca- be held by the SOUTHOLD TOWN County:Tax Map District 1000, Section 280-a for approval of access tion:West Side of Wickham Avenue, BOARD OF APPEALS at a Regular Section 128,Block 1,Lot 11. over private right-of-way referred to as Mattitnck, NY; County Tax Map Meeting,at the Southold Town Hall,, ' 7:50 p.m. Appl. No. 3823 Silkworth Road extending from the District 1000,Section 114,Block 3, Main Road,Southold,NY 11971,an ' "� 'THOMAS THOMPSON.Variance to ; , east side of Westphalia Avenue Lot 1. THURSDAY, MARCH 9,1989,at the Zoning Ordinance, Article III, (Road),Mattituck,NY.Zone District: The Board of Appeals will at said the following times: Section 100-32,and Bulk Schedule, R-40.Location of Property:Lot lii, time and place hear any and all per- , 7:30 p.m. Appl. No. 3826 - _.for approval of existing swimming- Map of Point Pleasant;County Tax sons or representatives desiring to be GLADYS W.HOWELL Variance to " pool with deck areas which will have Map District 1000, Section 113, heard in each of the above matters. the Zoning Ordinance, Article VII, an insufficient rearyard setback when Block 9,Lot 12. Written comments may also be sub Section 100-71 for approval of can- attached by a raised deck to the tear of 8:20 p.m. Appl. No. 3785 - mitted prior to the conclusion of the version of existing accessory building the existing dwelling.Zone District: RAYMOND F. NINE, PAMELA subject hearing.Each hearing will not for dwelling use, accessory to the. Agria ltund-Conservation(A-C).Lo- NINE AND CHARLES ZAHRA. start before the time allotted. For main dwelling structure,in this Resi- cation of Property:2890 Bridge Lace, Special Exception to the Zoning Or- more information,please can 765- dential-Office(RO)Zane Dis-trice. Cutchogue,NY;Lot#10 on Map of dinance,Article ID-A,Section 100- 1809. Location of Property: 51470 Main Ismar Acres (Approved March 13, 31A(B)for permission to establish Dated:February 9,1989. Road, Southold, NY; County Tax 1973); County Tax Map District. "Bed and Breakfast Use,"'an owner BY ORDER OF THE Map District 1000,Section 70,Block 1000 Section 85,Block 2,Lot 22. occupied building,other than a hotel, SOUTHOLD TOWN BOARD 2.Lot 2. p.m. Appl. No. 3830 where lodging and breakfast is pro- OF APPEALS 7:35 p.m. Appl. No. 3825 - rddition CHARLES BELL Variances; vided for not more than six casual, GERARD P.GOEHRINGER SUSAN A.FORBES.Variance to the Zoning Ordinance,Article III- transient roomers,and renting of not CHAIRMAN Zoning Ordinance,Article III,Section A. ction 100-32A, and B ul k ' more than three rooms,'in conjune By Linda Kowalski 100-31,and Article XXIV.Section ule,for permission to construct tion with owner-occupancy as a sin- 6197-1TF23 100-244 for approval of open deck on at rear of existing dwelling gle-family dwelling use.Location of addition with an insufficient front n insufficient rearyard setback. Property:North Side of New Suffolk yard setback.Lot area of premises is District: R-40. Location of Avenue,Mattituck,NY;County"Tax'non-conforming at approximately rty: 1330 Dania Drive,Marti- Map District 1000, Section 114, 11,300 sq. ft. in this R-80 Zone• Y,Loc#32,Deep Hole Creek Block 11,Lot 20.Zone District:R-District s; CountyTax Map District 7:40 p.m. Appl. No. 33813 - Section 115,Block 15,Lot 1 8:30 p.m. Appl. No. 3829 SHEL.DON HILLS as Trustee for0 p.m. Appl. No. 3814 - FRED RENGANESCI AND BAR- Barterama Corp. Employees Profit )LYCK KOKE.Variance to the Zon BARA REITER as Applicants for a Sharing Trust.Variances to the Zan- ing Ordinance,Article III-A,Section: : Reversal of a Determination by ing Ordinance, Article III, Section 100-32A,for approval of swimming Building Inspector to Grant Building 100-32C and Column iii of the Bulk pool with fence enclosure in the side Permit No.17508-Z dated October 6. Schedule,for permission to reduce yard area,Zone District:R40.Loca- 1988 concerning a proposed "steel side yards to less than the required 20 tion of property:245 Kimberly Lane °` .` building for indoor storage of boats" and 25 feet,and less than the total 45 Southold,NY;Paradise By the Bay: to be located at premises referred to as feet for both sideyards,on this 2+ Subdivision Lot No.2;County Tax': "MATT-A-MAR."now or formerly acre vacant parcel.Zone District:R- "-'-'Map District 1000,Section 70,Block owned by Wickham Road Marina, Location cation of Property: Private13,Lot 20.2. Inc.Zone District:.Marine (M-II). Right-of-Way referred to as Private 8:10 p.m. Appl. No. 3824 Road ill i(also referred to as Aldrich NICK AND KATIE NICKOLAUS. Lane Extension),extending off the Variance to the Zoning Ordinance,:, north side of Sound Avenue,Matti- Article III, Section 100-33 (PT6- tu*.NY;County Tax Map District viously 100-32)for permission to` a The hardest-working' 1000,Section 112,Block 1.,W,11 locate accessory bnt�ding in area classifieds are in Southold Town Plarinirmg Board Ap-i �a�����yaVft#. e Suffolk Times proved Set-Off reap March 4,1983; District:R-80.Location of Property 7:45 p.m. Appl. No 3828 - 17555 Soundview Avenue,Southold w -' New' s-1keview R0$6MARYSULi1VAN Varianoa .. +.NY;County Ttut`M4Apda X000, - =' Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. 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. 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, GERARD P. GOEHRINGER CHAIRMAN Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - March 9, 1989 Copies to the following on or about 2/17/89 (continued) : Rudolph H. Bruer, Esq. , Main Road, Southold, NY 11971 (for R. Koke) Mr. and Mrs. Nick Nickolaus, 30 Buttonwood Drive, Dix Hills, NY 11746 Southold Pools, Inc. , Box 539, Southold, NY 11971 (for Nickolaus) Karen J. Stretz, Esq. , Wickham, Wickham & Bressler, P.C. , Main Road, Box 1424, Mattituck, NY 11952 (for Schlumpf) Daniel C. Ross, Esq. or Eric J. Bressler, Esq. , Wickham, Wickham and Bressler, P.C. , Main Road, Box 1424, Mattituck 11952 (for Nine and Zahra) Mr. Raymond F. Nine, New Suffolk Avenue, Mattituck 11952 Ms. Pamela Nine, New Suffolk Avenue, Mattituck 11952 Mr. Charles Zahra, Box 1137, Mattituck, NY 11952 Mr. and Mrs. John DeReeder, New Suffolk Ave, Mattituck 11952 Harold and Ernest Wilsberg, Box 1429, Mattituck 11952 (as adjacent property owners) Daniel C. Ross, Esq. , Wickham, Wickham & Bressler, P.C. , Main Road, P.O. -Box 1424, Mattituck,-..NY 11952 (for Renganesci and Reiter) in the Matter of Matt-A-Mar Permit #175082 Wickham Road Marina, Inc. c/o Marr-A-Mar Marina P.O. Box 1235, Mattituck, NY 11952 Matt-A-Mar Marina, Box 1235, Mattituck, NY 11952 Mr. Victor Lessard, Principal Building Inspector James A. Schondebare, Town Attorney Robert H. Berntsson, Assistant Town Attorney ---------------- Town Hall, 53095 Main Road �- ©�> � P.O. Box 1179 Southold, New York 1 1971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: February 14, 1989 Transmitted herewith is Zoning Appeal No. 3830 application of Reve Charles Bell for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. 0944610. i./ Judith T. Terry Cneithnlrl Tnavn (Torte • -� SoutholdTown Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.i., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD March 9 , 1989 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S.E.Q.R.A. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI JAMES DINIZIO, JR. Notice Of Determination Of Non-Significance APPEAL NO. : 3830 PROJECT NAME: REV. CHARLES BELL 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. This board determines the within project not to have a siglifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or simildar project. TYPE OF ACTION: [X] Type II [ J Unlisted [ ] DESCRIPTION OF ACTION: Construct addition at rear of existing dwelling with an insufficient rearyard setback. LOCATION OF PROJECT: Town of Southold, County Of, Suffolk, more particularly known as: 1330 Donna Drive, M_ attituck, NY 1000-115-15-15 REASONS) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617 . 13, 6 NYCRR, SEQRA FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, . Town Hall, Southold, NY 11971; tel. 516- 765-1809 Or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me ,14.16-4(2/871—Text 12 PgOJECT I.D.NUMBER pends6 SCAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 APPLICANT/SPON OR 2. PPOJECT NAME 3. PROJECT LOCATION; Municipality \` ►gi'a, County 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or pr map) cA.t�e /s- /'s /'s 5. IS PROPOSED ACTION-// ❑New LlTExpanslon ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: /UX// ,� � die„!,+_.� ,� •�"� 7. AMOUNT OF LAND AFFECTED: Initially ZD!(& Q/12li- awes Ultimately memo 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes [-No If No,describe briefly r \ 9. WHAT I PRESENT LAND USE IN VICINITY OF PROJECT? esidential C1 Industrial �Q ❑Agriculture Describe: Commercial A g ❑Park/Forest/Open space ❑Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)?? ❑Yes UffNo If yes,list agency(s)and permit/approvals 11. DOES ANY ASPE T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ED Yes No I!yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes rxJNoo CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: yDate: Slqnature: [::If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.y.S. Environmental Of this form, and an environme�ntallreviewl illew cbermader1, thbmission before any action is taken. Y Board SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical chance to the project site or physically Alter more than 10 acres of land? _Yes _O 2. Will there be a major change to any unique or unusual land form on the site? •- _Yes (/No 3. Will project alter or have a large effect on an existing body of water? _Yes � Np 4. Will project have a potentially large impact on groundwater quality? / _Yes v�iO 5. Will project significantly effect drainage f on adjacent sites? low � / Yes �o 6• Will project affect any threatened or endangered eyedplant or animal species? _Yes _No 7. Will project result in a major adverse effect on air quality? _Yes Np 8- Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? yes t / 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontOlogicsL' importance or any site designated as a critical envircnmental area by a local agency? Yes _ NVQ 10. Will project have a major effect on existing or future recreational opportunities? / + _Yes v NO 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes No 13. Will project have any impact on public health or safety? _Yes No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes t/ period or have a major negative effect on the No character of the community or neighborhood? 15. Is projects public controversy c er ng the / � Preparers —Yes Signature: J�/� Representing: U 7 29A y/75 Date:C�/V_ QUESTIONNAIRE TO 3E CC%IPLETED AND SUMILTTED IdT:I 'iyU!Z APPLICATION 1'0:;Li1S TO T11C BOARD t)U APPEALS Please complete, sign and return to the office of the Board of Appeals with your completed application forms. If "Yes" is answered to anv questions below, please be sure to depict these areas on your survev (or certified sketch) , to scale, and submit other supporting documenta- tion. ' V 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes cj�g b) Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios , foundations, etc? Yes 4. Are there any existing or proposed fences, concrete barriers , decks, etc? Yes 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Ye State Permit # and Nature: 9 . Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes N Town Board Yes Town Trustees Yes County Health Department Yeso Village of Greenport Yes N.Y.S.D.E.C. Yes Other Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes N 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level , have . you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Li) 13. Please list present use or operations conducted upon the subject property at this time and proposed Please submit photograp s for ttie recora. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering m, application. Signature (Property owner) Aur_,iorized,Age ) 1/88 WETLANDS f Amended 8-2G-7(i by L.L. No. 1')7f;: 3.'.%- 85 by L.L. No. - r A. TIDAL W,F;TLANDS: (1) All lands genernlly cover,(l or intermittently Cov- ered with,or which border on, tid;,l water:,, or lands lYinK beneath tidal waters, which at mean low ti,le are covered by tidal watery to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps. meadow:,, flaw or other IOW lying lands subject to tidal action: (2) All banks, bogs. meadows, flats and tidal marsh subject to such tides asci upon which grows or may grow some or any of the following: salt hay, bl;,cic grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmalluw and low march cordgrass; and/or (3) All land immediately Mijacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 2.1, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York:and (2) All land immediate]%-adjacent to a"freshwater wet- land,"as defined in Subsection 13(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"fresh%vater wetland." a ( 9705 x•2s•Hs t BOARD OF APPEALS TOWN OF SOUTHOLD n the M er or the Petitian of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request znaria ) (Special Exception) pecial Permit) (Other) [circle choice] . 2. That the pr perty hich is the s bje t of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is th su ject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the folio in relief-/, �t1t�y �X w 5. That the provisions of the Southold Town Zoning Code applicab1 a to the relief sought by the under- signed are Article 'Z Sectionfd� [ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 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 andbe heard at such hearing. Dated: Petitioner Owners ' Name s : Post Office Address 1336 �r Tel . No . 51(o ) [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS ------ P _P 012 61], 847 P 012 611, 648 p 012 611 846 RECEIPT FORCERTIFIED MAIL RECEIPT FORC R FIED MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED RECEIPT FOR CERT AIL NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL NO NOT FOR INSURAN INTERNATIONAL MAICE COVERAGE LED (See Reverse) (See Reverse) (See Reverse) Sent to 1111'9Sent t G! Sent to v/I '� n/�•� �Ij -M (� Street and No /l1�/L Stre nd No. 6 0 � ` �� cf„5 Street nd No tate and ZIP Code / P . State-and ZIP Cqde OeSoZ (P O..State and ZIP Code I Postage U S Q t Postage Postage S 1 p Certified Fee Certified Fee O Certified Fee Special Delivery Fee Special Delivery Fee Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Return Receipt showing Return Receipt showing �y to whom and Date Delivered to whom and Date Delivered �/ toeturn Rept showing to coI Ln Return Rece whom. °D Return Receipt showing to whom, e 0 p g to who r. (/ r' Date,and i Delivery Date,an ®f i te.and Addre o elivery TOT a e and Fees 5 TOT S 2 `� �IJ e S 9 �.� ' TOT/ ► - stage and F s ocz - - ^ +o A. o slmark orpMq Poslmar to CIDA � � r� �FC'D L }" ce W LL E O a o_ � O Q m L� mo t� ?o a LL3D 30 �r, (�C\ N Ly Z Z o\`J -0 �V !� CL W z a9 v Q) m S! U o LL m m a m o w cc LU o E c `° `�° o c o c &5 m Ir° Q o a 986l aun£ `oog£wjod Sd PaR U invY- residing at being duly sworn, dWposes and says that on the Iq day of 4"ru,%rN , i g , 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 assessment roll of the T wn of Southold;that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified registered) mail. Sworn to before me this da of Euz���iN�J Notarryy Public,State Of New C eess October 311k 26850,Suffol Term Exp . (This side does not have to be completed on form transmitted to adjoining property owners . ) C . • iia•.?O wo § 100-243 SOUTHOLD CODE § 100-244 § 100-244 ZONING § 100-250 § 100-243. Nonconforming buildings with nonconforming uses. Lot Yard Area Width Depth Front Side Both Sides Rear A. A nonconforming building containing a nonconforming use (square feet) coverage (feet) (feet) (feet) (feet) (feet) (feet) shall not be enlarged, reconstructed or structurally altered or 20,000 20% 120 140 40 15 35 50 moved unless the use of such building is changed to a 40.000 conforming use. Less than 20% 80 100 35 15 25 20.000 B. A nonconforming building containing a nonconforming use C. In the case of single and separate ownership of a nonconform- which has been damaged by fire or other causes to the extent ing lot located in a subdivision plat, approved after April 9, of more than fifty percent (50°/6) of its fair value shall not be v 1957,by the Planning Board of the Town of Southold and filed repaired or rebuilt unless the use of such building is changed with the County Clerk of Suffolk County, relief for all front, to a conforming use. side and rear yard and area dimensions shall be granted to the extent that such front,side and rear yard and area dimensions were required at the time the map was originally filed with the County Clerk of Suffolk County. § 100-244. Nonconforming lots. A. This subsection is intended to provide minimum standards for § 100-245. Repairs and maintenance. granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Notwithstanding any of the foregoing regulations, nothing in this Article and that were singly and separately owned as of the Article shall be deemed to prevent normal maintenance and repair of effective date of this Article. A any building or the carrying out upon the issuance of a building B. A nonconforming lot separately owned and not adjoining any permit of major structural alterations or demolitions necessary in the interest of public safety. lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, § 100-246. Involuntary moves. or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this Sections 100-241A and B and § 100-243A, herein are not intended chapter, provided that proof of such separate ownership is to apply to involuntary movements of uses or structures as a result of submitted in the form of an abstract of title showing the condemnation actions or other litigation. changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly ARTICLE XXV licensed to examine and ensure title to real property in Suffolk Site Plan Approval County and shall contain a certification that no contiguous [Added 1-10-89 by L.I. No. 1-19891 property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such § 100-250. Purpose. lot shall be granted relief for front side and rear yard dimensions as follows: The purpose of this Article is to standardize procedure for review of site plans and requirements for site plan applications regardless of district. 10144 2-25-89 10145 2-25-89 R-80A—CIs R-80 „--—� T--REBE"� i I I I i Ll R-80 i I I - _ ' r- # A–C { — , i--j I - \ R- 80 HD �_� / �� I U tio�e 4Ot / A–C j, / c _ a � sr Downs �o� i 7�'�, Creek .i–C i J Y �! 4sl R Creek s RR P U Z R D• 10 G REEMPORr 29.OA(C) 11 u 12 .r 14 1 $ 11 - _ iM A� ToTU�K .,, Q60 IF 5 6 o a .° 3 4 10 x to ' TWCT IV 33.4 A(C) 24 0 A (d) 25.1 A 22 zS CS 24.1 Q 1 s -- %r Iz is �,m ,r n V.9A(d)• u x'•� - COUNTY OF - ,.. SUFFOLK I 26126 / _'� _ Ul V - + 26 ... 9u - O „ l5 n G " IT :> .n UFF U qV f X30• 31 ` %o 11•. - 1`Oe 29 —_�--•••1`..�.�, 6 .7. •,1 z,] 1 24 2 r 2S 27" 26 .x3 .•4 S •'' /� .. xx� "• � r' .xx24-f s 2�' .. 26• °2 4 K 3 23- �.�.22 S Yi1 •nr 3° . >. ' .ar 5 < 3 17 ID y n p. 22 1 2A(C) 5 a 3 4 i 21= 4 !T 52.5 A 14; 12 x 6 5 13•.x20 5x. 15,.,21 s 16 >;Z3 $4.1A lc) .1.41c1 9�" 6 19`O 6. •• xF ZO9' T...P 'x22 -Z •4x _ . fO> 7 16 7x B - .B r .•OMN OF 60UT,OLO ^I ee21 IT o 4 •• 13 _ LLi •' �8 1 9 9 16` W a x 1 t 0 W s 7 • 10 x ^6J 4 10 _ > x 12 x.. 11 '. 010 fl 15 ¢~ 4 16 II 19 ± e>, E Z 12 F ,IB +lox— 12 2 .a�PCVNE 1'r U \A a�(�\ 'Y is , 15 �9 X'C o 14 15 16 ' o DsrO Hole .Creek - \E�!- M1 qF Y^ _ t6 Z LIP 21 ,t0 ,� 9 G. t) 501 6 7AI _^ FOR PAR14.0CEL _O SEE SEC NO 123-OS-028 ' M1 ``0 ^ 41 5 6„ T 6 9 WATCH L' LINE _ ._ h M1,S,M1 14 , . ':,4 _ N _ WATCH LANE N4TCM- � LINE� 1 F(nA' xa SEE SEC NO 123 16 It 15.: 14 13 12 HE-- KETNAP © COUNTY OF SUFFOLKTowNoF SOUTHOLD _ SECTIOJ ----- - Real Property Tax Service Agency VILLAGE OF _ 5CAtt IN FCEI _ County Center ols7mrTta. IOOO i,. Riverhead, L I., New York - -- o....F V SPE o Southold Town Board of Appeals Ol �1a� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT j. PQWGI A'96 JOSEPH H. SAWICKI MEMORANDUM FOR THE FILE Matter ofRi hard A. Schlumpf 1000-113-9166 M. Frontyard Variance Request for New Dwelling Spoke with Gail Wickham concerning her inquiry for 280-A status (which was not included on the Notice of Disapproval) and our inquiry concerning the 1974 lot split from 1+ acre into two half-acre lots. Gail said she would look into the history of the split and get back to our office with the information needed. (The Assessors records show this parcel to be a part of premises owned by the Issems by deed dated 1/26/72 at Liber 7113 Page 547and a lot split by deeds made during 1974. ) 9/14/88 9:45 a.m. 40 Southold Town Board of A eals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN September 26, 1988 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT j. 99UG6A6 JOSEPH H. SAWICKI Karen J. Stretz, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appl. for Variance - Richard & Janet Schlumpf 1000-113-9-12 (&16) - Prior Owners: Mr. and Mrs. R. Issem Dear Ms. Stretz: Returned herewith are the above documents which we understand you are considering for resubmission, requesting approval under New York Town Law, Section 280-a (over Silkworth Road) . As mentioned today, notices to the adjacent property owners are necessary concerning the 280-a request. When submitting the application, with amendments, please include: (a) copies of any Certificates of Occupancy of record, (b) title report prepared by a licensed title insurance company certifying the period of time the lot has been held in single and separate ownership, (c) three maps showing the legal right-of-way and traveled portions thereof which are to be under consideration for 280-a. In reviewing Town records, it appears that the property is shown on the 1916 leap of Point Pleasant, which has not been included on the List of Excepted Subdivisions (Section 100-13 ) of the Zoning Code, and was split into two one-half acre (+-) lots during 1974 and during the period of one-acre zoning. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN Enclosures cc: James A. Schondebare, Town Attorney FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . . . . . . . . . . . . . ., 19 �a To � o PLEASE TAKE NOTICE that your application dated . . . . . ae. . . . . ., 19 4 for permit to . . . . . . . . . . . . . . . at Location of Property ("/.7,J7 . . . . . . . . . • . . • v W..m House No. Street Hamlet County Tax Map No. 1000 Section . . ././.-3. . . . . Block . . . . .17. . . . . . . Lot „.. . . . . . . Subdivisionv'y..A,�lppFiled Ma No. . . . . .�.v .a. . Lot No. . . . ./ . ... . . . . . . . . . !lam/ / � is returned herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gt. : . . . . . ,3 . . .�/r. . . . . . . . . . . . . . . . . . . . . . ..rte . . . . . . . c A. l df . :-. . ��'.r�. .� . ! . . . . . . . . . . . . . . . . Building Inspector RV 1/80 A000 0 0 X13 - TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT �. 1 C .'s.0 ',�.�✓ /Vj A `"r 1.fx'C p C FORMER OWNER r ✓ N ,1 _ E ; ACR. em' 0 sG S ` W TYPE OF BUILDING t MOND g 1p.w�/ I RES. ; SEAS. VL 9 FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 00 0 c7 ✓ 63 0 /Y0 63 l3 Y 0 o�Y 2o e) �' )0 J 1 ,2 SoLD. o ooa , L�St t WF. %o lP• SeNL u rnt°E w 1Wi. ? 32.7 AGE BUILDING CONDITION NEW NORMAL BELOW, ' ABOVE ' '= FARM Acre Value Per .:, Value Acre Tillable 1 Tillable2 .: ,"Tillable " 3 Woodland "Swampland FRONTAGE ON WATER w F E �.. RO TA Brushland ., N G ON ROAD �a `House Plot DEPTH — 5 w BULKHEAD x atal; ?a DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT e", ?j l�� �G r✓ / 7:1-sSeel d p' pV f 1�1� /�1 I j I��'c FORMER OWNER N E ACR. S W TYPE OF B JILDING RES. ,1/0 SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS V �� E�y � t' / L 71/02 1J 0 2 ' "' �/ l !d r1< < SSE in 4SS 'rvt ti/ F N f�S v a el G S"g d U 3/30/77 & D rt-R *�9/`17 L 131.D Nr'w PVT Div. f C �".30,Onay. C oti Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD O 4.5 �°� �GU Meadowland DEPTH House Plot BULKHEAD i Total e r�r t " . f i rrrQ *Y` a "tri Zt y 5r . c'1 • •' _y \ sf r> r•r. 1'R`+j s. CON ` s� ,ti= ■■■■■■■■■■■■e.■■ewe■■■weeweee r F ,5 b ■■■■■■■■■■■. ©©■wee■e■■■■■■■e _-�l � . r a■■■■■e■■r�r e��eeww�a■ewe■■e■■ J.I01 75�: ■■■■e■■well�le■e�l�!: ®eel ■ee■e■ c�'. ,,.. "� '��- .�� �° �.�;, ■■■■e■■■■�.���e■�ewwe■a�i�ee■■eee EMNENEM . '3 ........... J t..,'Y !- ��•��� s-~ eee eeeewweeee■eel ._ ���■�e®wew MEMO�■■e■■eee■■■■■lec�■■�■w■w■■ ■■■■■■■■■■a■e■■■e■l■■ee■ee■ewee : .. �e■■■■eeeewee■eeeeei■ee■eeee■■e■ • - . ■■�■■e■■■■■■■■■e■■■■e■■■e ■■■■■■ ■�■■e■e■■■■we■■■■■■w■e■■■eeewee Foundation Basement ;Ext. Walls Interior Finish IFire . ..:Breezeway rte'■® . . . .. Rooms Ist Floor . . Rooms 2nd Floor iDriveway ®■■■ . SEE SEE SSE .1 SEE -7 OF TOM OF SCUTL D O'n "j,", 17 3,Ij --co 4, 14 I'S N SEE SIC 10 "1 So" . ... .... Z. .. A-- 'ol - 367 C-ly C.M., O gi,.,h..d,1.1,N—Y.Ik PROPER TY..AP ]Real Property tax Service AgencyllILIII!_ • TOWN OF SOUTHOLD, NEW YOO. APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE rW.r.0...15.,...1 U. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, XVMRichard A. Schlumpf.........................of ..24.i..Wi,I lets„Lane............... .......................... ................ .. Nome of Appellant Street and Number ....Wes.t...!5.).'41?............ . .. .. ..................................... ........Uew..Y.ark....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON FOR BuildinPermit APPLICATION FOR PERMIT M. ....................9........... ... DATED .... :...2:. y..l ........... WHEREBY THE BUILDING INSPECTOR DENIED TO R i•ch��d..A....SGh.lumpf...and...lanet:...1....Sch.lum�.f Name of Applicant for permit of 241 Willetts Lane Wes Y ............................................ J. .R........f>~"w....ark........................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) PERMIT TO BUILD — Right of way aff Westphalia Avenue dt the N/T section 1. LOCATION OF THE PROPERTY o.f...S.i.Ik-wor1h..Rd-..&..Home..P..1ke%MaLLituck/A-R.es i.den.t.-A1gr i cu 1- Street /Hamlet / Use District on Zoning Map tura 1 District 1000 Section 113Block 9 Lot 12 -Current Owner Richard A. Schlumpf s Janet J . Mop No. 7�p Lot No. 1 Prior Ownerfilumpf H. Isse 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 /e>70 • -3 / 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal X1490 (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a vorionce andwas mode in Appeal No. ................................Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that the app] icant wishes to bui Id a two story wood frame dwelling on a corner as shown on the attached survey by Richard A. Schlumpf with an insufficient front yard on one of the two front yards . corm zBl (Continue on other side) k: ZASON FOR APPEAL • Continued • ' 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the lot is technically a corner lot by virtue of a private unused right of way along the westerly boundary, but its long and narrow shape makes the construction of a reasonable sized house impossible if the 35 foot front yard set back along the right of way is provided. The lot width at the building line is approximately 85 . 97feet, and the house width is approximately 61 . 4 feet, with approximately 1 ,900 square feet on each floor. 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because this lot is the only corner lot of its size in the area. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed set back on the west side is in keeping with the set-backs of the residence to the East and because the right of way will provide a buffer and a visual set back with respect to the property on the opposite side of the right of way. STATE OF NEW YORK ) ;4� ss .... ..... .................................. COUNTY OF SUFFOLK ) Signa re RICHARD A. SCHLUMP Swornto this ......... 5t!?............................. day of.....ARr.i..l......................................... 1988 ................. Notary Public .. �►�WN.1l. 0r11�`iw IID4 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J.BRESSLER ABIGAIL A.WICKHAM 516-298-8353 516-298-5300 DANIEL C.ROSS KAREN J.STRETZ August 29, 1988 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application for Variance for Richard A. Schlumpf Gentlemen: Enclosed are the following in connection with the above application: 1. Notice of Disapproval, 2. Application in triplicate, 3. Short Environmental Assessment form, 4. Original Notice to Adjoining Owners with Affidavit of Service thereon, 5. Four (4) prints of the survey, 6. Zoning Board of Appeals questionnaire, 7. Photographs of the property, 8. Check in the amount of $150.00, representing the application fee, 9. Authorization by Janet J. Schlumpf, 10. Copy of deed, 11. Copy of letter of nonjurisdiction from Department of Environmental Conservation, 12. Copies of Town Trustees permit, D.E.C. permit, Town Board permit, and Department of the Army Corps of Engineers permit for the existing catwalk, ramp, and floating pier. If you require any further information, please contact us as soon as possible. Very truly yours, Karen J. Stretz KJS:amm enc. 1 � r Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3317 Application Dated TO: Rudolph H . Bruer , Esq . as Attorney [Appellant (s) for MR . THOMAS PERILLO Main Road Southold , NY 11971 At a Meeting of the Zoning Board of Appeals held on February 14 , 1985 , the above appeal was considered , and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 and Bulk Schedule [ ] Request for . . . Upon application for THOMAS PERILLO , c/o Rudolph H. Bruer , Esq . , Main Road , Southold , NY for a Variance to the Zoning Ordinance , Article III , Section 100-31 for approval of insufficient area and width of parcels in this proposed division of land located at Silkworth Road and Home Pike , Mattituck , NY ; District 1000 , Section 114 , Block 1 , Lot 7 . . WHEREAS , the public hearing on the appeal application of THOMAS PERILLO , Appeal No . 3317 , was held on February 14 , 1985 , and al-T- - testimony from said hearing have been taken into consideration by each board member in making these findings and determination ; WHEREAS , at said hearing , there was no opposition given in the record ; and WHEREAS , each of the board members have viewed and are familiar with the premises in question and its surrounding area; and WHEREAS , the board made the following findings of fact and determination : 1 . The property in question is located in the "A-80" Residential and Agricultural Zoning District ; 2 . The property in question is identified on the Suffolk County Tax Map as District 1000 , Section 114, Block 1 , Lot 7 , and is shown on survey map dated May 30 , 1984 as vacant property of a total of 3 . 1974 acres ; 3. Article III , Section 100-31 , and Bulk Schedule of the Zoning Code , requires a minimum area of 80 ,000 sq . ft . and minimum lot width of 175 feet for each proposed parcel of land established subsequent to June 10 , 1983 (date effectuated ) ; 4 . Parcel #1 is proposed to be 1 . 5323 acres (66 , 746± sq . ft . ) consisting of Part of Lot 19 , and 20 of a former 1916 subdivision (CONTINUED ON PAGE TWO ) DATED: February 20 , 1985 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3317 Matter of THOMAS PERILLO Decision Rendered February 14 , 1985 of " Point Pleasant , " having frontage along Home Pike Road of 144 . 20± feet and an average lot width of 248 . 10 feet , with frontage along Darby ' s Branch of Mattituck Creek of 352± feet (along a tie line ) . 5 . Parcel #2 is proposed to be 1 . 6651 acres (72 , 531 sq . ft . ) consisting of Lots 17 , 18 , and part of 19 of the former subdivision of 1916 of "Point Pleasant , " and having frontage along Home Pike Road of 80± feet and an average lot width of 150± feet with frontage along Darby ' s Branch of Mattituck Creek of 260± feet ( see survey dated May 30 , 1984 ) . 6 . In viewing the area , the board finds : (a ) the neighboring parcels to the west to be of a size similar or smaller than that proposed by this application , varying from 44 ,000 sq . ft . and greater for area , and from 80 ' lot width and greater ; ( b ) the relief is the minimal available under the circumstances . 7 . The right-of-way in question is private and is pending acceptance by this board as to anticipated improvements in accordance with the September 30 , 1982 decision of this board under Appeal No . 3025 , pursuant to New York Town Law , Section 280-A. In considering this appeal , the board also finds : 1 . That the relief requested is minimal ; 2 . That this proposal is consistent with those parcels generally existing in the surrounding neighborhood ; 3 . That there will be no effect on population density and thereby will not effect available governmental facilities ; 4. That there is no substantial change in the character of this area or a substantial detriment to adjoining properties ; 5 . That the circumstances are unique ; 6 . That the relief requested cannot be obviated by another method feasible to appellant other than a variance ; 7 . That in view of the manner in which the difficulties arose , justice will be served by allowing the variance , as conditionally noted below . NOW , THEREFORE , on motion by Mr. Goehringer , seconded by Mr . Grigonis , it was RESOLVED , that the relief requested under Appeal No . 3317 in the Matter of THOMAS PERILLO as shown on survey dated May 30 , 1984 ) , BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That there be no further lot size reductions (no further division ) ; 2 . N,ew York Town Law , Section 280-A , concerning conditions as imposed by this board involving the subject right-of-ways , extending from Westphalia Road and along premises of the applicant , as follows : (a ) Commencing from Westphalia Road and extending along the premises in question : [1 ] a minimum width of 15 feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles . Such stone blend may be either applied to the ground surface and shaped , or the surface may be excavated to permit the application of packed blend to a depth of two inches ; (b ) Commencing from Silkworth Road and extending along the premises in question : [ 1 ] a .minimum width of 15 feet and [2 ] such minimum 15-foot width shall be surfaced with a minimum depth of four inches of packed three-quarter- inch stone blend so as to afford access for emergency vehicles . Such stone blend may be either applied to the ground surface and shaped , or the surface Rage 3 Appeal No . (;17 C Matter of THOMAS PERILLO Decision Rendered February 14 , 1985 shall be excavated to permit the application of packed blend to a depth of four inches ; (c ) Where the terrain of the land over which such access roads are traversed is such that drainage problems may occur , the applicant and/or owners shall be required to construct such drainage facilities as may be recommended by this board; (d ) That this access road must be maintained at all times in good satisfactory condition as stipulated above for access by emergency vehicles ; (e ) That this access road be approved , after notification , by the Board of Appeals as to meeting the above requirements . Location of Property : Silkworth Road and Home Pike Road , Mattituck , NY ; 1000-114-1 -7 . Vote of the Board: Ayes : Messrs . Goehringer , Doyen , Grigonis , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . 1 k GERARD P . GOEHR LAGER11,17 CH RMAN February 20 , 1985 1 ----------------- r i 1 S now or f 730ormer/Y pe 4730"e Q\ m ,00 2 •p \ COt l7 ta. I \4) 2y. V pe roe\h� \ Qo 0 Ra12.00, S'J9e \ P� f 6 3 \ $: A 401 f � /9 �_ ; y n. •',"f"' , o.� \ 949• I P 0 npA Ql X07 11 \ o� m, 0O2 0 N Z T r T ,10 7 N fV, MIDDLE RD► tiO1• u,\niT. b� �O Q� LOCATION MAP ��+ SCALE 1"•*Cd 00, o«p AC. eco o bi 1.TOTAL AREA• 3.1974 ACRES i •J' '�� °i' 2 V-MONUMENT pp 3.SUFFOLK COUNTY TAX MAP DISTLQMSECT 114 BLK9LLOT3Z 9 s $ 4.LAT NOS. REFER TO"MAP OF POI p c; AS FILED IN THE OFFICE OF TN 1�I o c SUFFOLK COUNTY, SOUTHOLD E V MAY 17,1916 AS MAP NO.720 FCR S-EF :4 SEE SEC. NO 10' MAT au r;nLit,E DIOCESE OF LONG ISLAND OF 0 �2 7.8 A(cl lw— 01 SOOT.0,0 SEE SEC NO 139 SEE SEC, NO 139 tOAW TO'.%?4 OF SOUTHOLD 5 A(c) ?Aicl 153 1 A(c) lu.09—ITE. 'I"al L SEE SEC NO 140 Y. - rJ+ x Irl 3 314 < lb cl: T If SEE SEC. NO 141 Lf►lcl n •'4: S #SS• E F f - ..!- C«rye �.t/ t •�a is 1 • .. 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FOR PARCEL NO 4 SEE SEC NO 21-01-001 -_- FOR PARCEL NO •'• • b r I 1 SEE SEC NO It 1.01-00.,1 '� 0• , • m YAC - - Z7-- A.. 7 - _ LiNf- ..._ -- 2•Altl r• SEF SCC NO 121 l��2M1 1f i2 CS 46 _.29ywe '-"Lr lepand w ~ IdoAtM Itt a .cam.,•D••„ r... -_E lE Lw. N�1N.p•arr Di,.�e, _ M E•n lM • R•, N'- ,»LN N,. ly, KEY•1R • ID _L..L.. ----- r,1, ---- _ ._ D..ED�.._ © COUNTY �. �� t1»usr ----- el,p'••",L1i• tT SUFFOLK tY.N ar SOUTHOLD lfaloN No. Real Property T OF sr.1 DN•,..w _--- •, ___._—. ...N.. a a„�„ 1am TALE.I rte y aX Service Agency rnuaEa --fcN—. s....D....t.L.» _..2__. s.L+..,,:.,•�.t w. ofl 113 u»r..E.,» County Cent•. Rinrh•ad,1.L,N•w York psr•tcTNo_I000 4Y.1 c..a»:� PROPERTY MA► Memorandum from . . . . Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 'Date : 7/20/88 To: Jerry From: L i n d a As mentioned earlier , I received a telephone call today from Ray Nine . Mr . Nine indicated he would _like to provide an estimate to Thomas Perillo for the right-of-way improvements as conditioned by the ZBA ( for 4" instead of 2-4" ) , but there is no indication as to whether a leeching or drainage basin (s ) will be needed. He indicated that the right-of-way slopes downhill toward the creek ,_ but the water runoff would go onto Mr. Perillo ' s �- private property . Attached are copies of the Board ' s 2/85 conditions and survey map. (The improvements also appear to be necessary from Westphalia Road for the entire length_ of Perillo ' s Minor Subdivision . ) Please let me know whether or not you feel that drainage basins will be necessary , or whether you would prefer to send this over to the Engineers , Sidney-Bowne & Son [at their hourly rate] . The width of the improvements is for a minimum of 15 feet -- perhaps the leveling of the right-of-way could be in such a way to retain all water runoff as might be recommended by Ray Nine to alleviate time delays . Southold Town Board b.. Appeals -2- August 1-, 1983 Special Meeting (Appeal No. 3142 - GRACE E. KENNEY, continued: ) Road at 21 ' at its closest point and 30 ' at its farthest southwest corner, be and hereby IS APPROVED AS AMENDED. Location of. Property: 2020 East Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-038-03-020. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Grigonis was absent. ) This resolution was unanimously adopted. INQUIRY RE : APPEAL NO. 3025 - CHARLES P. ZIEGLER. i Correspondence dated August 10, 1983 from Gary Flanner Olsen, attorney for the Zieglers, was discussed among the board members. i It appears that the Zieglers wish to obtain a "pre-existing Certi- ficate of Occupancy" for the existing dwelling without having first to comply with the conditions rendered in this Board' s decision of September 30, 1982, filed with the Town Clerk October 18, 1982, more particularly Conditions 3 and 9. Mr. Lessard, Administrator, for the Building Department recommended that a pre-Certificate of Occupancy be permitted for the dwellingas exists on the premises. It was the feeling of the board that such a pre-Certificate of Occupancy should be permitted on the entire 3. 5-acre parcel, and that separate Certificates of Occupancy for each Parcel I and Parcel II should not be permitted. The board after more discussion agreed that a pre-Certificate of Occupancy (dwelling built prior to 1957) ' could be permitted for the dwelling, provided that no building permits, sign permits, fence permits, etc. be issued whatsoever for either Parcel I or Parcel II. Mr. Lessard assured the board that no permits would be issued from the Building Depart- ment for either parcel. PENDING DECISION: APPEAL NO. 3138. ALFRED J. TERP . The board continued deliberations on this matter, which was held for public hearing on July 28, 1983 . The board opted to deliberate again on this matter at our August 21, 1983 Regular Meeting. = �o5UFF0��o o Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3025 Application 'Dated August 17, 1982 TO: Gary Flanner Olsen, Esq. [Appellant (s) ] Attorney for Charles P. Ziegler Main Road, Box 38 Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on September 30 , 1982 the above appeal was considered , and the action indicated below was taken on your [X] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Sections 100-30 and 100-31 , Bulk Schedule Article II, Section 100-23 (C) [ ] Request for The public hearing on this application was held on September 9, 1982. Upon application of CHARLES P. ZIEGLER by Gary Flanner Olsen, Esq. , Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article II, Section 100-23 (C) and Article III, Sections 100-30 and 100-31, Bulk Schedule, for permission to locate buildings with insufficient setbacks as exist on the premises due to the proposed location of the subdivision lines and for permission to retain garage use of building on Lot No. 2, and for a Variance for Approval of Access , New York Town Law, Section 280-A. Location of Property: Home Pike Road, Mattituck, NY; Subdivision Los No. 12 , 13 and 14 as shown on Map of Point Pleasant No. 270 ; Suffolk County Tax Map Parcel No. 1000-114-1-5 . The board made the following findings and determination: By this appeal, appellant seeks: (a) permission to divide the entire 3.5-acre parcel into two parcels , Parcel 1 having an area of 89 ,000+- square feet with a road frontage of 121. 14 feet, and Parcel 2 having an area of 44 ,000+- square feet with a road frontage of 80 feet (radius) ; and (b) approval of access over private roads known as Home Pike Road, extending 519 feet over Silkworth Road, and extending further approximately 499 feet to Westphalia Road. The access roads in question are shown to have a minimum width of 30 feet. Existing on the land in question is a large one-family house on Parcel 1 and a garage structure in disrepair on Parcel 2 set back 12 feet from the southerly sideyard line and slightly forward of the front of the house on Parcel 1 . The premises in question front along Mattituck Creek and approvals have been obtained from the N.Y. S. Department of Environmental Conservation under Permit No. 10-82-0185. For the record, it is noted that the Southold Town Planning Board has approved this subdivision as a "set-off" pursuant to Section 106-13 of the Code on August 18 , 1982. It is the opinion of the board that to deny the relief requested would result in practical difficulties to the applicant in that: (a) there is more than 40 , 000 square feet of land area applied to each parcel and without a frontage variance , a division would not be possible; (b) the structure on Parcel 2 is existing and is located with reasonable setbacks from all property lines, and without this variance , the building would have to be removed; (c) this access is the only way feasible to this property, and is also utilized for access to other parcels along this route. DATED: October 16 , 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) f Page 2 - Appeal No. ( 25 Decision Rendered September 30 , 1982 Matter of Charles P. Ziegler In considering this appeal, the board determines that the variances requested are not substantial; that the circumstances herein are unique and practical difficulties have been shown; that by allowing the vari- ances no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes cif zoning; and that the interests of justice will be served by allowing the variances requested, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED , that Appeal No. 3025 , application of CHARLES P. ZIEGLER be and hereby is APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS : 1. That the building existing on Parcel 2 at the time of this determination and as shown on the Amended Map of 8/31/82 shall not be considered a principal structure or dwelling. In the event that at any time in the future this building on Parcel 2 is to be used, reno- vated or occupied as a principal building, the same must be moved so as to conform with all front, side and rear yard requirements of the code for principal buildings. 2. That no sideyard variances shall be granted for any dwelling erected on either of these two parcels. 3. That the access roads to these parcels shall be improved in the following methods: (a) Commencing from Westphalia Road and extending approxi- mately 499 feet along Silkworth Road: [1] a minimum width of fifteen feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped , or the surface may be excavated to permit the application of packed blend to a depth of two inches ; (b) Commencing from Silkworth Road and extending approxi- mately 519 feet along Home Pike Road : [1] a minimum width of fifteen feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; 4 . Where the terrain of the land over which such access roads are traversed is such that drainage problems may occur, the applicant and/or owners shall be required to construct such drainage facilities as may be recommended by the Town road engineer; 5. That this access road must be maintained at all times in good satisfactory condition as stipulated above for access by emergency vehciles; 6 . That this access road be approved by the Board of Appeals or Town road engineer as to meeting the above requirements; 7. That this variance is subject to referral to the Suffolk County Planning Commission pursuant to Sections 1323 , et seq. of the Suffolk County Charter; Page 3 - Appeal No. _ _25 Decision Rendered September 30 , 1982 Matter of Charles P. Ziegler 8. That this variance is subject to approvals from the N.Y.S. Department of Environmental Conservation and the Southold Town Planning Board; 9. That no certificate of occupancy shall be issued for these premises or for the construction of any buildings or structures, or for existing buildings or structures on these premises , to which this access is referred. until all of the conditions set forth herein have -been complied with. Location of Property: Home Pike Road, Mattituck, NY; Map of Point Pleasant Subdivision Lots 12, 13 and 14 ; Suffolk County Tax Map Parcel No. 1000-114-1-5. Vote of the Board : Ayes: Messrs. Goehringer, Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. APPROVED Chairman Board of Appeal RECEIVED AND FILED BY THE SOUTijoq) TQ�-VN CLERK DATE jd//8/g HOUR r • �, T.auvn Clerk To)n o tqo hold � r T-7 77 ,� �4 ��ao a • ,_— _ .. ,,, �� .., ` _,-.._.__ .....,.._T..,..,_-._ _"'_--""'-"..:-...._..-_ LX¢�S�l�� to r,^^--^r�-""" - ,�_ �j�-T..,z�._.—.T.•.---` i �krSrir✓6 NabLG ' - - � Yap ', �:v. W,'dsR �� /yo1+1t/r�4 *�`O�g aa6v or'T> ,�,�sE Y �sc rc �x ,o ,�r Y� = :w' MCI ri w tism BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��QF $oU�yOl 53095 Main Road-P.O.Box 1179 h O Southold,NY 11971-0959 Patricia Acampora � � Office Location: Eric Dantes Town Annex/First Floor, Robert Lennert,Jr. :r1h • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �4feouw Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 March 21, 2021 c®Py Philip Manning 1330 Donna Drive Mattituck,NY 11952 RE: De Minimus Request No. 3830 Bell Manning SCTM No. 1000-115-15-15 Dear Mr. Manning I am in receipt of your correspondence dated February 20, 2021 requesting a de minimus approval to add radiant heat with new flooring, to a seasonal porch. Previously, you were granted by letter dated November 16, 2018 de minimus approval to replace the screens in a roofed over porch with windows, and to support the deck upon which the porch is located with a more substantial foundation. Adding heat to an unheated seasonal porch converts the porch to a fully habitable space and is not de minimus in nature. Moreover the proposed heat exceeds the intent and scope of the previously approved de minimus determination and the original ZBA approval. Therefore, if you wish to proceed with adding heat to this space,you will be required to apply to the Building Department for a Notice of Disapproval and make application to the Zoning Board of Appeals to be followed by a public hearing to request additional variance relief. Sin r , Jc C. slie Kanes Weisman, Chairperson cc: Building Department February 20, 2021 Ms. Leslie Kanes Weisman RECEIVED Chairperson FEB 2 8 2029 54375 Main Rd P.O. Box 1179 Southold,NY 11971 , Zoning Boarid Of Appeals Dear Chairperson Weisman, I am writing to ask that the Zoning Board consider a request for a de minimis - exception to the requirement fora variance for the following. _ Attached you will find a copy of a similar request I made in November 2018. At the time I was renovating the residence I purchased at 1330 Donna Drive, Mattituck. A copy of my request is enclosed.The Board was kind enough to approve the request and the building department was notified and the renovation completed according to the drawings my architect submitted. A copy of your approval is also attached. The drawings clearly noted that the intent was to renovate the space under the existing roof line,place a foundation with crawl space beneath it, add new flooring and radiant heat. The staff at the building department were the ones that informed me that I needed ZBA approval which prompted me to make the initial request. The building department staff made multiple inspections over the course of the renovation process and the renovation has now been completed. Despite those multiple visits'to the site, at no time during that year-long process was I told that an additional variance was required for the space. We asked that the building department issue a certificate of occupancy.The building department staff are telling me now, for the first time, that because the space is heated it requires a variance. The plans were approved by them and I was never told that a variance was required. In light of this, I again ask that the board grant this request. Please advise me of your decision and I will proceed as required. Thank you for your consideration of this request. Yours truly, Philip Manning 1330 Donna Drive Mattituck, NY 11952 ,a..i Wix z, b mb w .3 .�� �E e. �F r All, Y� e.Ye. i `e a� t � ITO r mom ..`& rid+`Y,pmF%':!Nam ym•.sp•. a`xt.TiFnw..w..y v,Ya+ xar Y.«'. �4�, L<` z S� sr . - wwma'*Yl*i F °C A arY ^Nw' aga. f 10 F z E O 8a i X Y. 3is A :. � � �� ....tea. �• axe � � �� No. 3 C l on AM Y y Its avsi pit Is F :A a z b» p� V;S m UPS y � Y. °� 'F��Y'� ��t' K� ��.r4v ��• ..,� % Y �•. y� �:.�8�"�`�&�.�g�i�vF 4 >4 t3� �R y i a a i S; C 5 G i a �I g�lal,