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HomeMy WebLinkAbout5164Gerard P. Goehringer, Chairman Lydia A. Tortora George Horning Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 3, 2002 Appl. No. 516'4 - William and Vicki Toth Property Location: 425 Jacobs Lane, Southold; Parcel 88-1-1.5. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment ffthe project is implemented as planned. PROPERTY FACTS/DESCRIPTION: Applicants' property is shown as Lot//3 on the Minor Subdivision Map of Deerfield Farm filed March 27, 2001, and consists of 2.773 acres (120,8000 sq. fi.) with 275.83 fi. of frontage along the north side of Main Bayview Road, Southold. Applicants' property is improved with a single-family two-story frame house and garage. Also existing is an "as built" foundation for a barn (the subject of this variance). BASIS OF APPLICATION: Building Department's May 8, 2002 Notice of Disapproval denying a permit to construct an accessory horse barn on an as-built foundation, located with a setback at less than 40 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 19, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF REQUESTED: Applicants request a Variance under Section 100- 3 lC(8), for an accessory horse barn on an "as built" foundation (ref. Building Permit 28117-z) located with a setback of 36.6 feet from the angle of the westerly property line at its closest point. The code requirement is 40 foe{ from all property lines for barns which house horses and domestic animals other than household pets. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1. Applicants own a large lot of 120,800 square feet on which there is a two-story house and a garage. The applicants also have applied for a permit to construct an accessory barn in which they will house three horses for their own use. Page 2 - October 3 Appl. No. 5164 - W. and V. Toth 88-1-1.5 at Sonthold 2. Applicants problem arose when the Building Inspector made a survey of the foundation and noted that the foundation had been constructed 36.6 feet from the rear yard line instead of the required 40 feet. 3. Grant of the variance will not produce an undesirable change in the neighborhood or a detriment to nearby properties. 4. The benefit sought by the applicant cannot be achieved by some other means other than an area variance. The foundation was incorrectly placed at 36.6 feet instead of the required 40 feet from the rear lot line. 5. The variance was self-created as the applicant should have been more careful in measuring the proper distance form the rear lot line. 6. The variance is not substantial. The foundation of the proposed barn is only 4 inches short of the required 40 feet. 7. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on the physical or environmental conditions in the neighborhood. 8. Grant of the requested variance is the minimum necessary for the applicant to enjoy a barn in which to house their horses, while preserving and protecting the health, safety and welfare on the RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Tortora, and duly carried, to GRANT the variance as applied for, with the provision that the only utilities to be installed in the barn will be electric and water. This action does not authorize or condone any current or future use, setback or other feature of the subject pmpen~ that may violate the Zoning Code, other than such uses, setbacks and other features as a~e expressly addressed in this action. irman), Tortora, and O_Jj~a. This Resolution t l:ST~oehringer - Approv~ for Firing/ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT cl. GAFFNEY SUFFOLK COUN~ EXECUTIVE THOMAS ISLES, AICP DIRECTOR OF PLANNING October 21, 2002 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) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Dawson, Christine and Glenn* Taylor, Robert and Barbara Kwit, Nathan and Susan '/Toth, William and Vicki Voelkel, Robert and Maureen Berkoski, Antone and Geraldine Sachman (Stephen) and Quadrani (Alexia) Uhlinger, Thomas and Karen Booth, Helen Quintieri, Edward and Paula 5O68 5156 5163 5165 5167 5168 5171 5175 5183 5188 *Premises should be encumbered by appropriate restrictions, particularly as set forth by the Z.B.A. Very truly yours, Thomas Isles Director of Planning GGN:cc S/s Gerald G. Newman Chief Planner NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 19, 2002 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY~ SEPTEMBER 19~ 2002, at the time noted below (or as soon thereafter as may be possible): 6:55 pm Appl No. 5164 - VICKI TOTH. This is a request for a Variance under Section 100-31C(8), based on the Building Department's May 8, 2002 Notice of Disapproval. Applicant is proposing to construct an accessory horse barn on an as-built foundation, located with a setback at less than 40 feet. (Ref. Building Permit No. 28117-Z). Location of Property: 425 Jacobs Lane, Southold; Parcel 1000-88-1-1.5. The Board of Appeals will hear all persons, or their representative, desidng to be heard at the hearing, or desiring to submit written statements before the conclusion of this hearing. This hearing will not start earlier than designated. Files are available for review at the Town Hall (between 8 and 3 p.m.) If you have questions, please do not hesitate to call (631) 765-1809. Dated: August 28, 2002. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: William and Vicki Toth 425 Jacobs Lane Southold, NY, 11971 Please take notice that your application dated May 7, 2002 For permit for an accessor~ horse barn at Location of property: 425 Jacob's Lane, Southold, NY County Tax Map No. 1000 - Section 8~8 Block~l Is returned herewith and disapproved on the following grounds: DATE: May 8, 2002 Lot 1 .~5 The proposed construction is not permitted pursuant to Article IH Section 100-31C.8, which states; "Horses and domestic animals other than household pets, provided that such animals shall not be housed within 40 feet of any lot line..." The applicant was issued a permit (# 28117 Z) to construct an accessory horse barn 40' from his rear and side property lines. Following a foundation location survey, it was noted that the foundation had been constructed 36.6 feet from the rear yard line. ...... Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. 8CC: ZBA, File TOWN OF SOUTHOLD BUILDING DEPART-MENT TOWN llALL SOUTHOLD, NY 11971 TEL: 765-1802 / Examined 2-[~,_:~ ,20 ~' Approved ['- '~/2 ~' 20 ~'~ Disapproved a/c -' ' .BUILDING PiLMIT APPLICATION CHECKLIST . .~ ' Do y~ave or n~ed the following, before applying ? Board of Health 3 ~ts of Buikllng Plans Survey remit o.c3 J Septic Form N.Y.S.D.E.C. Trust, s Contact: ~Building Ins~-~or ~-~ kPPLICATION FOR BUILDING PERMIT Date /::N..3 ;2--/ ., 200 m INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitXed to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to agljoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupanc3 is issued by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Pea-mit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, .buildin? code, housingfl~ode, and rej~la~es, ~.~it authorized inspectors on premises and in building for necessary inspections. (Signaxm~ of ~p~Jc.~m ~ ~e, ff a corporation) (Mailing add. ss of appli¢lmt) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder · (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street County Tax M~p No. ~000. Section ~ Block © I Subdivision H,'qDIr ,.~11 _[95~_'~ t~l'or~ k")~0J/-~'?/,d .~t'//ff Fried Map No. (Nme) Haml~ State existing use and occupancy of premises and intended use and occupancy of proposed co, nstmction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building_ Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Addition Other Work Fee Alteration (Description) (to be paid on filing this application) Number of dwelling units on each floor 6. if business, commercial or mixed occupancy, specify nature and extent of each type of use- 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Dimensions of same structure with alterations or additions: Front Depth Height 8. Dimensions of entire new construction: Front Height /~ t Number of Stories 9. Size of lot: Front ~/'o~t Rear 10. Date of Purchase ~ -~o,,t Name of Former Owner 11. Zone or use district in which premises are situated ~ -~ Depth Rear Number of Stories Rear '~ .... Depth Depth 12. Does proposed construction violate any zoning law, ordinance or 3egulation: 13. Will lot be re-graded f}o Will excess fill be removed from premises: YES 1~ Name of Architect o ~o r~_J? Address Phone No Name of Contractor 0u~'~ff Address Phone No. 15. Is this property within 100 feet of a tidal wetland? *YES NO ~ · IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey, STATE OF NEW YORK) kt/!' C_~(.~ (~-~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Co~'tractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this apphcation; that ali statements contained in this application are true to the best of his knowledge and belief; and that the work w'fll be performed in the manner set forth in the apphcation filed therewith. Sworn~o before me this~._ ~ ,~r~.... day of ~D~II~ ~ 20~ / Not~ ~bli N~t~ry :: :? New YO~ ~ Publl*, ~te of N~ No. 01MU6041089 Oualifi~ in S~lk Cou~ C~J~on ~ir~ May 1, Signature of Applicant TOWN OF SOUTHOLD, NEW YORK Assigned APPEAL FROM DECISION OF BUILDING INSPECTOR DATE OF BUILDING INSPECTOR'S DECISION APPEALED: ........... ~...x .................................... TO THE ZONING BOARD OF APPEALS: I(We) ~ .~..C,...~. ~ ............................. ,' (Appellant) o ~ · ~ .~:.. ~ ~.9. ~...U .~.. ~].L ................. (Te,~ HEREBY APPEAL THE DECISION OF TH~ BUILDING INSPECTOR DATE~ ~J~ ........... WHEREBY THE BUILDING INSPECTOR DENIED AN APPL CAT ON DATED.~.~ ......... FOR:' (~) Permit fo Build ~¢~r~n~ ( ) Permit for Oacupanay ( ) Permifto Use ( ) Permit for As-Built ( ) Other: DJsfncf 1000 Secfion..~...Block.. I .Lof(s).....[,~ ............ '..'~;;;n;'~;jjj~&~ ' ""~" 2. Provision of the Zoning Ordinance Appealed. (Indlcafe A~icle, Section, Subsection and par~raph of Zoning Ordnance by numbers. Do not quote fh;e I~w.) Adicle~... Section 100-~ ~,~ Sub Secfo- RECEI~D  ype3. of Appeal. Appeal is made herewith for: ( A Variance fo the Zoning Ordinance or Zoning Map MAY 2 4 2002 ( ) A Variance due fo lack of acces~ as required by New York Town Law Chap. 62, Cons. Laws A~. 16, Secfian 280-A. ( ) Interpretation Of Adicle .......... Section 100- $o.th01~ Tow. (ler~ ( ) Reversal or Other: .................. ' ................. 4. Previous Appeal. A previous appeal (has) ~ been made with respect fo this prope~ or with respect fo this decision of the Building Inspector (Appeal ~ ...... Year ....... ). REASON FOR APPEAL Addifionalsheefs ma be used with a Ilcanf's si nature: ~REA VARIANCE REASON.~; (1) An undesirable ,hange will got be produced in the CHARACTER of the nei or a detriment fo ~O~, n. ~by properties, if granted bec ' y ~e meth¢ fedsible f~r the applicon, topur:,ue, O~er area variance, beca~e- (3) The amount of relief L4~vi~m:%~:l~%~d~n~T ,],:a~; ~ ?dverse effect or 'mp~cf on the physical or L~) ~as the ~llege~ diffla~f~: ~een self ' ' .... tc~es, or ( )No This is the MINIMUM fhaf is r~aessary and adequate, and af the Some time prese~e and protect the character of fh~ neighborhood and the health, safe~, and welfare of the community. L gnafure 0f Appellant or · Ou~lified in Suffolk [ [~9OO - ~'---/---/. ,.~ TOWN OF SOUTHOLD PROPERTY RECORD CARD ACR. RElyI~,R K,,S I FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL 88-1-1.5 1/02 Extension Patio Porch Deck Breezeway Garage Pool Foundation P~ asement ~ Ext. Walls Fire Place Dormer Driveway Bath Floors Interior Finish Heat Woodstove Attic Rooms 1st Floor Rooms 2nd Floor Dinette Kit LR. D.R. BR. October 17, 2002 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. -5165 -William and Vicki Toth Action Requested: Location of horse barn Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By: Enclosures APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net October 16, 2002 Mr. and Mrs. William Toth 425 Jacobs Lane Southold, NY 11971 Re: Appl. No. 5164 - Variance (Horse Barn) Dear Mr. and Mrs. Toth: Enclosed please find a copy of the Board's variance determination regarding the above request for a variance. Please be sure to follow-up with the Building Department for the next step in the zoning review and application process. Before commencing construction activities, a building permit and possibly other agency approvals would apply. An extra copy of this determination should be made available to the Building Department at the time of submitting your maps and any other required documentation to assist their office in the next step. Thank you. Very truly yours, Enclosure Copy of Decision to: Building Department GERARD P. GOEHRINGER CHAIRMAN ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOBgFiATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville, Southold Town Clerk May 29, 2002 Zoning Appeal No. 5164 Transmitted herewith is Zoning Appeal No. 5164 application of Vicki Toth for a variance. Also included is: Applicant Transactional Disclosure Form; ZBA Questionnaire; Notice of Disapproval dated May 8, 2002; copy of building permit application and permit No. 28117Z; and survey. September 18, 2002 Southold Town Board of Appeals Town Hall P.O. Box 1179 Southold, NY 11971 RE: Toth Variance Hearing Dear Mr. Chairmen and Members of the Board: I live at 9785 Main Bayview Road and my side yard is directly adjacent to the Toth's rear yard. I am in favor of you granting the variance. The location of their ham has no negative impact on my property. I also seo no negative impact on the neighborhood in general. Thank you for your time in this matter. Sincerely, -/ ,~/ ~/ ? o/., Chester L. Ciaglo, Jr. CCARTi anagement, Inc. 46520 Route 48, Southold, New York 11971 (631} 765-5815 (631) 765-5816 FAX September 10, 2002 Southold Town Board of Appeals Town Hall P.O. Box 1179 Southold, NY 11971-0959 Reference: Application No. 5164 - Vicki Toth Gentlemen: As an adjoining property owner, please note I gladly endorse the granting of a variance to Ms. Toth for her proposed structure. I also wish to commend Ms. Toth for the manner in which she has beautified and maintained her property. Should you have any questions or require additional information, please feel free to contact the undersigned. Yo~rC'~'~ry truly,.. ~ ~ TJM/po bc: Vicki Toth Construction Management · General Contracting · Custom Homes anagement, Inc. 46520 Route 48, Southold, New York 11971 (631) 765-5815 (631) 765-5816 FAX September 10, 2002 Southold Town Board of Appeals Town Hall PlO. Box 1179 Southold, NY 11971-0959 Reference: Application No. 5164 - Vicki Toth Gentlemen: As an adjoining property owner, please note I gladly endorse the granting of a variance to Ms. Toth for her proposed structure. I also wish to commend Ms. Toth for the manner in which she has beautified and maintained her property. Should you have any questions or require additional information, please feel free to contact the undersigned. ThoMas J. ~ TJM/po Construction Management · General Contracting · Custom Homes FORM NO. 3 TOWN OF .SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. (THIS BUILDING PEP~MIT PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 28117 Z Date FEBRUARY 27, 2002 Permission is hereby granted to: for : WILLIAM A & VICKI TOTH 425 JACOBS L~2qE SOUTHOLD,NY 11971 CONSTRUCTION OF AN ACCESSORY HORSE BARN AS APPLIED FOR ~ premises located at 425 JACOBS LJ~ County Tax Map No. 473889 Section 088 Dursuant to application dated FEBRUARY Building Inspector. Fee $ 64~.20 SOUTHOLD Block ~0001 Lot No. 001.005 26,~ 2002 and approved by the Authorl zed Sxgnature COPY Rev. 2/19/98 ISSUED TO~ DATE~ ADDRESS This notice must be displayed during construction and returned to Building Dept. to get a certificate of occupancy upon completion of work. B~DINGLNSPECTOR'S O~CE, TOWN OF SOUTHOLD SO,HOLD, N.Y~ APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Sou~hold's Code of Ebh'ics ~rohibits conflicts of interest on the parb of town officers and em lp_~q~ees. The U~se of this form is to ~rovide information which can alert the town of______p_~ssible conflicts of interes~ and allow it to take whatever action is necessarL to avoid same. YOUR NAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Checlc all that apply.) Tax grievance Variance - Change of zone- Approval Of pl~t Exemption from pl~t or official map Other (If "Other,,, name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) h~ve a relationship with any officer or employee of the Town of Southold? "Relmtlonship- includes by blood, marriage, or business interest. 'Business interest- means a business, including a partnership, tn which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the YES __ _ NO / If you answered 'YES,- complete tile balance of this form and date and S~gn ~here indicated. Name of person employed by the /'own of Southold Title o.r Position of that person Describe the relationship between yourself (tile applicant) and the town officer or employee. Either check the appropriate line A} through D) and/or describe in the space provided. The town officer er employee or his or her spouse, sibling, parent, or child is (check all that apply), ___A} the owner of greater than 5% of the shares of the Corporate stock of the applicant (when the applican[3 is a corporation); ~ B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant i~ not a corporation}; _ _C) an officer, director, parbner, or employee of the applicant; or ~ _D) the actual applicant. DESCRIPTION OF RELATIONSIIIp Submitted this __ deaf. 9UEST!ONI~AItLE FOR FILING W/TH YOUR Z.B.A. APPLICATION A. Please disclose the nmues of the owner(s) and any other ind/vid~als (and entities) havinq a fina~lcial i~%erest in the subject premises and a description of their inte=ests: (Separate sheet may be attached. } B. Is the subject pr~m~ sos listed on the real estate market for sale or being shown to prospective b~¥ers? { } Yes {~} No. (If Yes, please attach cou~ of "conditions,, of sale. ) c. Are there any proposals to chmnge or alter l~nd contours? { } Yes- {~} No D. 1. Are there any areas which contm~n wet]and grasses? ~O 2. Are the wetland areas shown on the map s~bmitted with th~s application? ~ \~ 3. Is ~he propel t? bu/_~d-aded between the wetlands area and t~he upland building area? ~(~ 4. If youm property conta~n~ wetlands or pond areas, have !ou contacted the Office cf the T~Trustees for its determination of jurisdiction? E. Is there a depression cr sloping elevation near the e~rea 'proposed c9~tl-~ction at or below five feet above mean sea of level? _~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences wkich exist a~d ~re not shown on the survey map that you are submits{hq? ~Q If none ~!st, please state "none." of -our ~-~-:~ =~ -?=~' ._V..~F_~ ~r yes, please sub,it a co~y ~ mu~ g perm!t a~_d~p as approved b~ the B~ild~ng Depar~eat. If none, ~tease state. H. Do you or any co-owner ~]~o own other land close to th~ p~rcel? ~ If /es, please explain where or ~bmit copies of deeds. I. Please list presen~t use or operations conducted at this parcel proposed use ~F~[6~ ~3n'o~ and 3/87, iO/90Ik OsTOWn Of Southold P.O Box 1179 outhold, NY 11971 * * * RECEIPT * * * Date: 05/29/02 Transaction(e): Application Fees Receipt#: 6385 Subtotal $150.00 Check#:6385 Total Paid: $150.00 Name: Toth, Vicki 425 Jacobs Lane Southold, NY 11971 Clerk ID: LINDAC Internal ID: 55753 i 70 ~ FORM NO. 3 TOWN OF SOUTHOLD BUILDiNG DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: William and Vicki Toth 425 Jacobs Lane Southold, NY, 11971 Please take notice that your application dated May 7, 2002 For permit for an accessory horse barn at Location of property: 425 Jacob's Lane, Southold, NY County Tax Map No. 1000 - Section 8~8 Block 1~ Is returned herewith and disapproved on the following grounds: DATE: May 8, 2002 Lot 1.5 The proposed construction is not permitted pursuant to Article IH Section 100-31 C.8, which states; "Horses and domestic animals other than household pets, provided that such animals shall not be housed within 40 feet of any lot line..." The applicant was issued a permit (# 28117 Z) to construct an accessory horse barn 40' from his rear and side property lines. Following a foundation location survey, it was noted that the foundation had been constructed 36.6 feet from the rear yard line. ,."/ /,/ Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. 8CC: ZBA, File NEXT YEAR 473889 SOUTROLD NYSRPS ~ SCHOOL.SOUTWOLD '~Pg~CLS 311 88.-1-1.5 425 JACOBS LA = OWNER & MAILING INFO TOTH WILLIAM A & VICKI I RS-SS~ 425 T°~AaCI~,S5 3 ~-9~ ~ain Road 1 SOUTH OL p. CN$ox113~1 B ANK~ Southold, New York 11971-0959 ~PAGE 266 =======TOTAL EXEMPTIONS CODE AMOUNT PCT INIT IL~ ITOTAL ==DIMENSIONS ===1======= SALES INFORMATION ACRES 2.77 IBOOK 12146 S~E~I~EI)~~T SALE PRICE ~I~D~Y~S~L~F~-~ROPERTIES 0 =============l== TOTAL SPECIAL TERM VLG HC OWN CODE UNITS PCT INVENTORY ASSESSMENT INQUIRY DATE : 02/26/2002 SCHOOL ROLL SEC TAXABLE .AND TOTAL RES SITE TOTAL COM SITE ACCT NO 10 ASSESSMENT DATA =========== RES PERCENT 2,500 2,500 COUNTY Telephone(631) 76521~]0 R** TOWN 2,500 0 SCHOOL 2,500 0 150,000 IFD028 IWW020 ISW011 Fl=NEXT PARCEL 75.10- 03-050 F6=GO TO DISTRICTS 3 ===== TYPE VALUE F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC F9=GO TO XREF F10=GO TO MENU · / / I / I' / ? \ '\ \ \ '% \ Iz) L-.-k ,,T. TOWN OF' SOUTHOLD SUFFOLK COUNTY, NEW Y S.C. TAX No. 1000-88-01- SCALE 1"=50' APRIL 3, 2001 ,JUNE 15, 2001 REVISED PROPOSED HE JULY 11, 2001 FOUNDATION LOCATIO JANUARY 10, 2002 FINAL SURVEY APRIL 17, 2002 BARN FOUNDATION LOC AREA = 120,800.70 sq. fl, 2,773 oc. UNATHORIZEO ALTE~ TO THIS SUF6/EY IS SEC~ON 7209 OF 1 TOWN OF SOUTHOLD BUILDING DEPART~MENT TOWN HALL SOUTHOLD, NY 11971 TEL: 765-1802 / Examined 2~/~..::~ ,20. ~' ~-/2~ ,20 z~ Approved Disapproved a/¢ BUILDING P~qlIT APPLICATION CHECKLIST Do yc~lve or need the following, before applying ? Board of Health 3 sets of Building Plans Survey Clxeek Septic Form N.Y.S.D.E.C. Trustees Contact: ~ c l [[~ 2 6 ~ ! ~ ~PPLICATION FOR BUILDING PERMIT ~-~ ....... ~ Date /~ .2--/ ,200 ~ BLDG [ *~,?u ,Or s~ ':r~o$~: ~STRUCTIONS a. Tbs application ~ST be co~letely ~ ~ by ~e~t~ or ~ ~ ~ s~ed to ~e B~g ~pector wi~ 3 sets of pl~, acetate plot pl~ to sc~e. Fee accor~g to sehed~e. b. Plot pl~ show~g locmion of lot ~d of b~gs on pr~ses, relafio~p m ~jojning praises or pubic s~eets or ~eas, ~d wate~ays. c. The work covered by ~s application my not be comm~d before iss~ce of B~g P~t. d. Upon approval of ~s application, ~e B~g ~p~tor wffi issue a B~l&g P~t to ~e app~c~t. Such a prat s~l be k~t on ~e pre~ses av~lable for ~pection ~ou~om ~e work. e. No b~l~g ~1 be occupied or us~ ~ whole or ~ pm for ~y p~ose w~t-so-ev~ ~ffi a Cenificme of Occupies is issu~ by ~e B~l&g ~p~tor. ~PLICATION IS ~BY ~E to ~e B~g D~eat for ~e iss~ce of a B~g Prat p~s~t to ~e B~ld~g Zone Ord~ce of ~e Tom of Sou~old, S~o~ Co,W, New YorL ~d o~ app~cable Laws, ~ces or Relation, for the cons~on of buil~gs, ad~fio~, or ~t~afio~ or for rmovfl or ~o~fion ~ h~m describe. The (Si~e of app~c~t ~ ~e, if a co~orafion) ~aillng n~ss of State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises 6ti ,'l I,'~ · (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: ~O,~L~o iA House Number Street County Tax M~tp No. L000. Section ~ Block © { Subdivision ~'~ i~/)i ~t/_h4'~ t3lbr~ ~')~O)/~;.t [,4 fjOrds(Filed Map No._ (N me) 2. State existing use and occupancy of premises and intended use and occupancy of proposed conslmction: a. Existing use and ocCUpancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost /~/,~,,o 5. If dwelling, number of dwelling units. If garage, number of cars Addition Other Work Fee Alteration (Description) (to be paid on filing this application) Number of dwelling units on each floor 6. If business, comtnercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth _ Dimensions of same structure with alterations or additions: Front 9. Size of lot: Front Depth Height Dimensions of entire new construction: Front ,~z ~ / Rear Height t ~ / Number of Stories '~c~1'o3' Rear I wr ~}, '-/(=,~ .Dapth Rear Number of Stodes 4,, .... ,2--// 10. Date of Purchase '~ -'2.o~t Name of Former Owner 11. Zone or use dis~ct in which premises are situated 12. Does proposed constmcfion violate any zoning law, ordinance or regulation: 13. Will lot be re-graded ~ ~ 14. Names of Owner ofpremises/{/bi ,T(~ ~' ~(6~' 5~nessq~ 5' ~'0,(O}~ ~ .&~'~°~hone No. Name of Architect 0 ~ r~e_r' Address Phone No Name of Contractor 0to ~P~F' Address Phone No. 15. Is this property within 100 feet of a tidal wetland? *YES NO ~'/ · IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED Will excess fill be removed f~om premises: YES 1~9 ?(e£ odf f' 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) ~ t' C5~'~ [ ~ being duly sworn, deposes and says that (s,he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that ali statements contained in this application are true to the best of his knowledge and belief; and that the work w~ll be performed in the manner set foFth in the application fried therewith. Signature of Applicant 11 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 0o0- f¢ t - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, V,~F--i --~oJ¢~ residing at ,__.~u.~o ~-_~ , New York, being duly sworn, depose and say that: On the /g,~'C~day of~'~~L, 200~, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in pl,~!or seven days prior to the date of the subject hearing date, wl~ic~heBri~~.s/shown to be (Signature) ~ ~ "(] iNotary-Public) LYNDA M. BOHN NOTARy PUBLIC, State of New York No. 01B06020932 Qualified in Suffolk Coun Term Expires March 8, 20~ *near the entrance or driveway entrance of my property, as the area most visible to passersby, LEGAL NOTICE SOUTHOLD TOWN BOARD OF AppEALS THURSDAY, SEPTEMBER 19, 2002 PUBLIC HEARINGS NoTIcE is HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, September 19, 2002, at the times noted below (0r as soon th~ as possible): 6:~lt p.m, Appl. No. 5160, MIRg. AM REALTY. This is a r~ V~ianc6~ under the Zonil~ ~ Sections 100-242A 100-244~ I00-33 l~pectOr $ April 26, 2002 ~ Disapproval. Applicant is pro~r Construct (1) additions and alterations to an existing dwelling with setbacks at less than 10 feet on one side and less than 25 ft. total side setbacks, and (2) an accessory bnilding at less thap three feet from the property lthe, ~ {3) a tOtal ot coverage for all buildings in excess of the code bmitation Of 2~'per- ' c~nt Ot ~tbe lot. ~Location of Pro~: 425 ':~ Road; Mattitu~k; ~! '6:35 p.m. Appt, No. 5183 ~ ~ BOOTH. This is a requeSt!~fo? a bas~l on the~B~dldiag Inspcctor~i ;uae 29, 2002 Notice Of Disappr6val for applicant to construct a new dwelling, after removal of the dwelling gxists ina nonconforming The new dwelling is proposed with set- backs at 35 feet from the front ~ard lille and ~vith a single side yard of less than 10 feet; at 40S Fasbender Pcco~?a~ccl 1000-67-6-5: SUZANNE M. EGAN. This is a request fora Special'Exception under Arricle ILI, Section 100~30A.2B and 100-3lB, subsections 14a-d of tee Southold Town Z~ning Code/amende 1 2-7:9). Applicant-owner is Icquestthg an Accessory Bed and Break~ast usc, incidental and ~ory to the~owner's residence in this single:fathily be dr°°ms al~d s~Wing of bt~lkfaat ~O not more ~ six:;(6) roomers: Location of Property: 37415 Main Road, Orient; Parcel 1000-20-1- 6:45 p.m. AppL No. 5166, CIIRI$- TINE McENAI~¥. This is a mqcest for a Vadance under Section 100-~44B, based on the Building Departthent~s May 9, 2002 Notice of Disapproval. Applicant is proposing to constract a front porch addifio~ with a setback at less than 35 feet from the front lot line, at 2205 Gillette Drive, East Marion; Parcel 1000-38-3~14. 6:50 p.rm AppL No. 5168 - AN'TONE AND GERALDINi~ BER- KOSKI. This is a request for a Variance under Section 100-33 based on the Building Department's April 8, 2002 Notice of Disapproval. Applicants are proposing to locate an accessory barn in a side yard rather than a rear yard, at 8580 Cox Lane, Cutchogue; Parcel 1000-83-3-3.2, 6:55 p.m. Appl No. 5164 - VICKI TOTH. This is a request for a Variance under Section 100-31C(8), based on the Building Department's May 8, 2002 Notice of Disapproval. Applicant horse bath on an as-built foundation, located with a setback at less than 40 fe~t. (ReL Building Permit No. 25117- Z). Location of Property: 425 Sacobs Lane; Southold; Parcel 1000-88-1-1.5. STATE OF NEW YORK) )SS: ~,,~,,~,,o,O F SUFFOLK) ~'d~J--~'4~;~.~'~''~ of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for / weeks succes- - sively, commencing on the ~ day of ',,_~/'~:~"' cipal Clerk Sworn to before me this day of ~-~D/- 20~.)--- LAURA E. BONDARCHUK Notary Public, State of New¥o£k No 01B06067958 Qualified in Suffolk County ^,-- My Commission Expires Dec. 24, 20.-{23 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEWYORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- ~ ~J - /, ~ AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ¢i'~' -T~-H'-~ residingat ~5 ~.~co/o$ ~q~t~ , New York, being duly sworn, depose and say that: On the ~ 1 day o~ 200~ I personally mailed at the United States Post Office in ~, ~ c i~ ' , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the arrayed Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the o~cial records on file with the ~ Assessors, or ( ) County Real Prope~y O~ce , for every properly which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's prope~: (Signature) LYNDA M, BOHN NOT,~I~¥ PuBUC, State o( New NO. 01 B06020932 Oualified in SuffOlk Count~, 2 Term Expires March 8, 20 ~ [~RESH ~EADOWS, NY 11365 Total Postage & Fees 0J? i 0~nl 2.30 ~.,~ ,~ 1.75 H 4.42 lerk: of this Affidavit or on a sheet of paper, the lot numbers and addresses for which notices were mailed. Thank FOR OFFICIAL. USE ONL. Y CHECKLIST FOR NEW PROJECTS LABEL ASSESSORS CARD (7 COPIES) CTY. TAX MAP (7 COPIES + 1) INDEX CARD (ATTACH OLD) RESEARCH ALPHA COPY PRIORS SIX COPIES APPL # ~/~-/¥, /~Z~ NAME lC ~¥/~ CTM# ~:~-/- /,.5- TOWN ~,~ [ I IINSPECTION PACKETS COMPLETE ] UPDATED NEW INFORMATION /' / ,/ ./ / / / 4, CERTIFIED TO: WILLIAM A, TOTH VICKI R. TOTH SAFE HARBOR TITLE AGENCY, INC. FIRST AMERICAN TITLE INSURANCE HARTFORD FUNDING, LTD. COMPANY OF NEW YORK 1. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103C0166 G ZONE AR: BASE FLOOD ELEVATIONS DETERMINED ZONE X*, AREAS OF 500-YEAR FLOOD; AREAS OF 100 YF~R FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 FOOT OR WITH DRAtNAGE AREAS LESS ITIAN 1 SQUARE NILE, AND AREA PROTECTED WITH LEVEES FROM IO0-YEAR FLOOD ZONE x' AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN / / / / / / ,, ~o~® \ \ \ FILE SURVEY OF LOT 3 M~P OF MINOR SUBDIVISION DEERFIELD FARM No. 10596 FILED MARCH 27, 2001 SITUA TED A T BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-88-01-1.5 SCALE 1"=50' APRIL 5, 2001 JUNE 15, 2001 REVISED PROPOSED HOUSE JULY 11, 2001 FOUNDATION LOCATION JANUARY 10, 2002 FINAL SURVEY APRIL 17, 2002 BARN FOUNDATION LOCATION AREA = 120,800.70 sq. ff. 2.773 oc. \. / / '\ / / LOTQ pREPARED iN ACCORDANCE WITH THE MINIMUM ~1 h ,' N,Y S. Lin, No 4966B THE EXISTENCE OF RIDHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Joseph A. Ingegno Land Surveyor PHONE (631)727-2090 Fox (63~)727-1727 21-245U