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Home My WebLink About3278 TOWN OF $OLrIZ-IOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To. ..~....' .~:'m~ .~.¢j~... ............. ~ .... PLEASE TAKE NOTICE that your application dated....~..~...~::.q ......... 19 .~.q.. ............. '~°:~ ,,~, County Tax Map No. 1000 Section ... J. ~.~ ..... Block .... ~ ........ ~t ....~.~ ....... suba~io~ ~...~.~. Fried ~aS ~o ..... ~.) ....... rot ~o. q ~. ~.& ..... is renamed he.with and disapprowd on the ~bllowMg ~o~ds . ~~. ~.../.~-7.8 1.. ~.~. r~... ~/~ ~..~..%~ ~0.~ .......... ...... .... ............. ............ Buikling Inspector RV 1180 TOWN OF SOUTHOI.D, NE~N YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. '3~ 7~ ....... TO T~E~ TON lNG BOARD_OF-APzDEALS~TOWN OF SOU'KHOLD; N, Y. x~ (We) ...~,~..~.:..~..~.~,~..~,~,~.~.~ ............ of .......~..,~~:,.~...: ....... z..-,~ ............. Name of Appellant St~et and Number ~ttituek ~ ~ ~ ~ New York ............. HEREBY APPEL TO Municipali~ State THE ZONING BOARD OF APPEA'LS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 7/20/84 FOR: A front por~h on dwelling WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of 165 Freeman Road, Mattituck, New York Street and R'umber Municipality State ( ) ~ERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO BUILD Porch (fron~) on dwelling I LOCATION OF THE PROPERTY 165 Freeman Road, Mattituck, N.Y. ~ , _ 5treat and Hamlet Zone ...... 5..7..7. ..................................... .4..z...~...4..2. ................ OWNER(S): .~.~a.m.e.s.~.a..J.a.~.%~4~an. Iv%ap No Lot No. 1969 DATE PURCHASED: 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indica~'e the Article Section, Sub- section and Paragraph of the Zoning Ordinance D~ number. Do not quote the Ordinance.) Article III , Section 100-31 3. TYPE OF APPEAL Appeal is maae herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to ack of access State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4 of the Building inspector or with respect ro this property. Such appeal was ( % request for a special permit ; ) request for a variance one wes maae m Appeal No ................................. Dated ..................................................... PREVIOUS APPEAL A previous appeal (k~) (has not) been mode with respect to this decision ~x ) ( ) is requested for the reason that dwelling. REASON FOR APPEAL A Variance to Sectior 280A Subsection 3 A Variance to the Zoning Ordinance Article III, ~100-31 like to build a front porch on exsisting Form ZBi (Continue on other side) REASON FOR APPEAL Corftinued 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The porch would not be deep enough to be used in the desired manner of which planned. 2 The hordshio created is UNIQUE and is not shared by all prope~ies alike in the immediate vicini~, of this property and in this use district because The Ton±rig was changed after the house was constructed. We hadoriginally had the house located with sufficient footage to build the porch at a later date. 3 The variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because' The porch will increase the overall appearance of the house, STATE OF NEW YORK ) ) ss COUNTY OF ) Notary Public RELEf. K. DE 4707278, Suffol~ 8~un~y ~. I V~ER OWNER STREET N VILLAGE RECOaD .' SUB~ LOt · TYPE OF 'BUIL~DING ~ND SFAS. VL. FARM IMP. TOTAL COMM. CB. , MICS. . ,Mkt, Verge .... REAAu~,RKS BUILDING CONDITION ' AGE ¢ ~wlond ~¢, Plot NORMAL BELOW ABOVE Acre Value Per ] -" Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH ' ' BULKHEAD DOCK Porch Porch Breezeway Garage Tata~ Foundation Bath Basement Floors Fire Place Type Roof Floor Recreotldn RoOm Dormer Driveway DR. BR. FIN. ' SURVEY FOR - ' ~--' JAMES-ANDERSON,,~ JANET 'ANDERSON PARTEOF LOTS ~! 81'42, MAP OF:GARDEN_ ,HEIGHTS MAT,~ITUCK TOWN-OF SOUTHOLD SUFF: CO., N.Y. 6~RANTEEO MONUMENT FOUND 40' soaolVlSfOa MAP FI:ED la TNE ',~1', NOV. 22, 1968 OF THE CLERK OF SUFFOLK I" NOV. ' 6, 1969 iUNT¥ .ON JUNE 2~. ~29 AS MAP N0.577- FARMERS HOME ADMINISTRATION HOME TITLE DIVISION 0.;' CHiCABO TITLE INSURANCE- COMPANY PROF ESSI~ AND L AN O S UR VEYOR ,N.Y. $.~ C. t'~iO. 1284,5 RIVERHEA D, N.Y. '. ' JUDITH T. TERRY TO~ CLERK REGISTRAR Ol' VITAL $1 \YISTICS OFFICE OFTHE TOWN CLERK TOWN OF SOUTHOLD November 9,1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Mr. James T. Anderson P. O. Box 741 MattitUck, New York 11952 Dear Mr. Anderson: The Southold Town Board at their November 8, ,198~ reviewed the request of the Board of Appeals on your behalf to refund your $50.100 filing fee for Appeal No. 3278. In light of the fact your Appeal was based upon a Notice of Dis- approval by the Building Inspector dated July 20, .1984, and sub- sequently additional information was found and submitted to the Building Inspector indicating that an Appeal would not be necessary and a Building Permit has been issued, I am returning herewith your $50.00 filing fee. Very truly yours, Judith T. Terry $outhold Town Clerk Enclosure TO THE RDER OF FOR 890 /~' 7 19 ~ 50-791. 214 DOLI~XRS GENERAL FUND PART TOWN Southo!d Town Board of Appeals APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI TO: Supervisor Francis J. Murphy FROM: Jerry Goehringer, ZBA Chairman DATE: September 7, 1984 SUBJECT: Appeal No. 3278 James T. Anderson The subject application was filed on August 6, 1984, for which a file has naturally been set up for, and appealing the Notice of Disapproval of the Building Inspector dated July 20th. Subsequent to the filing of this application, additional information was found and submitted to the building inspector indicating that the "average established setback" as permitted under Section 100-33 would allow the proposed porch without a variance. Attached is a copy of the memorandum from the Building Department indicating that a building permit has accordingly been issued, and therefore the variance applicati-on appears obsolete. Under the circumstances, we would recommend a refund of the variance application fee. TO~N OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 ot TEL. 765-1802 Sept.7,1984 TO: From: Subject: Jerry Goeheringer Z.B.A. Chairman Vic Lessard Exec. Administrator ~ James T. Anderson Setback When Mr. Anderson first submitted an application to construct a porch off the front of his house~ I questioned him about his neighbors on either side as to their set backs. Because of his answers, I wrote him a disapproval and informed him a variance would be needed if he wished to continue. Some time after, he provided information of a home that was somewhat closer and still within 300' of his property. We averaged it out and settled on a thirty-two foot set- back and he was able to construct in that setback. The Building Dept. then issued him a Permit. VL/dsm TO~N OF SOUI'HOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 ' artl of ppear TEL. 765-1802 Sept.7,1984 To: From: Subject: Jerry Goeheringer Z.B.A. Chairman Vic Lessard Exec. Administrator ~ James T. Anderson Setback When Mr. Anderson first submitted an application to construct a porch off the front of his house~ I questioned him about his neighbors on either side as to their set backs. Because of his answers, I wrote him a disapproval and informed him a variance would be needed if he wished to continue. Some time after, he provided information of a home that was somewhat closer and still within 300' of his property. We averaged it out and settled on a thirty-two foot set- back and he was able to construct in that setback. The Building Dept. then issued him a Permit. vL/dsm APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11C371 TELEPHONE (516) 765-1809 September 6, 1984 Mr. and Mrs. James T. Anderson P.O. Box 741 Mattituck, NY 11952 Re: Appeal No. 3278 Variance filed August 6, 1984 Dear Mr. and Mrs. Anderson: Upon receipt of the action (or building permit) issued by the building inspector and a copy of your written request for a refund based on the new information that was supplied to the building inspector on August 10, subsequent to his July 20, 1984 Notice of Disapproval, our office will be in a position to recommend a refund of the $50.00 to the appropriate department. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski morandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 9/6/84 To: Victor Lessard, Building Department From: Jerry Goehringer Attached is a copy of the September 5, 1984 letter from James R. Anderson in Appeal No. 3278. Please let us know whether or not your determination under Section 100-33 con- cerning established setbacks and the average of same would require the Andersons to obtain a variance from the bulk schedule, and what the average setback would be in your opinion. We would like to give the Andersons a reply and request a refund of his variance fee if a variance is not required. Thank you for your assistance. P. O. Box 741 Mattituck, N.Y. 11952 September 5, 1984 Southold Town Hall Zoning Board Southold, New York 11971 Dear Sirs, In July we issued our check number 1471 in the amount of $50.00 along with a building permit application (variance) for the construction of a front porch. We wanted to build a porch seven feet wide which brought our frontage to approximately 33' instead of the town code of 35'. We received a phone call the beginning of August informing us that upon checking with the neighborhood, the average frontage was 32' because of a house neighboring us with a 24' frontage and therefore we could have our building permit without going for a variance. We received our building permit and submitted another check in the amount of $25.00 for this. Please refund to us our original $50.00 because we did not have to use the variance or go before the board. We have made numerous phone calls to the office and have been promised the refund but have not yet received it. Thank you for your assistance. Yours truly, James T. Anderson M~,randum~ from . . . . Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 8/9/84 To: Victor Lessard, Building Department From: Jerry Goehringer Mr. Anderson has brought to our attention that the McMahon house three lots to the east of his parcel is set back 24' from Freeman Road, without the stoop setback. Mr. McMahon has provided a copy for assistance, and we ask whether this setback was taken into consideration under Section 100-33 of the code con- cerning established setbacks? What is your opinion of the established frontyard setback under 100-337 ro TIns SU~W' ~S A VlOL*,TION OF JUDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 6, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 1197I TELEPHONE (516) 765-1801 1984 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3278 application of James T. and Janet Anderson for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Judith T. Terry Southold Town Clerk \ ~o~ ~ NOTE' ' ~ · MONUMENT FOUND ~ m * MONUMENT Pk.,~CED SUBDIVISION MAP FILEO IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON JUNE 24., 1929 AS MAP NO. STT SURVEY FOR JAMES ANDERSON- 81 JANET ANDERSON PART OF LOTS 4l 8142,"MAP OF: GARDEN. HEIGHTS~ MAT,TITUCK TOWN OF SOUTHOLD '·' GUARANTEEO TO~ FARMERS HOME ADMINISTRATION HOME TITLE DIVISION OF CHICAGO TITLE INSURANCE COMPANY SUFF. CO., N.Y. SC~LI~'- I"-- 40' NOV. 22, 1968 NOV. 6, 1969 PROFESSI~ AND LAND S UR V EYOR, N.Y.S.I-~I ¢. N0.128~5 RIVERHEAD, N.Y. ! / ~OWN OF SOUTHO/D, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. '-?~' 7ar'~ D^TE ..... ..... Name of Appellant Street and Number Mattituck New York ......................................................................................................................... HEREBY APPEAL TC Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 7/20/84 FOR: A front porch on dwelling WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) James Anderson Name of Applicant for permit of ..... .z.e..s... ................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD Porch (front) on dwellina 1. LOCATION OF THE PROPERTY ..... .~..6.~5.~~.F..r..e.~e..m~.a"n..~.R.~~~~a...d~~~~.M.a~.t~.t.~$~t~~.u~.c~~k.~~~.N~~~.¥.~~ ...................... , ....... Street and Hamlet Zone ...... .5..'7...?.. ...................................... .4. ~.. .&. .. .4. .2. ................. OT,~I'ER ( S ): . .~..a~.e.s. Mcp No. Lot No. 1969 DATE PURCHASED: ..................... 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 III , Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~) (has not) been made with respect to this decision of the Building Inspector or with-~espect to this property. Such cppeal was ( ) request for-a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( (x ( is requested for the reason that we would dwelling. REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Article III, §100-31 like to build a front porch on exsisting Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The porch would not be deep enough to be used in the desired manner of which planned. 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this propedy andin this use district because The zoning was changed after the house was constructed. We had originally had the house located with sufficient footage to build the porch at a later date. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The porch will increase the overall appearance of the house. STATE OF NEW YORK ) ) ss cOuNTY OF ) Sworn to this .............. ~'.~.-~.-. ...................... day of.....E~ ................................ 19 Fy Notary Public No. 4707818, Su/f01~ G,unt~ lerm Exp~es ~rch 30, BOARD OF APPEALS, TOWN OF SOUTHOLD dn the Matter OT' the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER Mr. & Mrs. Richard Drake Jr. Freeman Road Mattituck, New York 11952 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 a~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 165 Freeman Road, Mattituck, New York, Countv Tax No. 1000. Section 139, Block 3, Lot 36, Subdivision Garden Hei~hts~ Filed MaD NO. 577. Lot No. 41 & 42 3. 'l'~h/~,t ~e p~op,er~v w~ich~s the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Construct a porch on the front of house of which the front of the oorch will be 32'6" from Property line instead of the required 35'. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ 10Q-S% 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southoid Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That b~e[ore the re ef sought may be granted, a public hearing must be held on the matter by the Board of Appeals:~hat a notice of such hearing must be published at least five days prior to the date of such hearin~ in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Richard Drake Jr. Keith Harris Freeman Road, Mattituck, New York 11952 P. O. Box 513, Mattituck, New York 11952 P 348 621 306 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOED-- NOT FOR INTERNATIONAL MAiL lee Reverse SENT TO 4r & Mrs Richard Drake Jr 'reeman Road ~attituck NY 11952 POSTAGE ,? ~ .~ ~ DELIVERY P, 348 621 307 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAl. MAIL (See Reverse) SENT TO Mr & Mrs Keith Harris P 0 Box 513 ~P.O., $:FA~TE AND ZIP CODE -- Matt&tuck NY 11952 s~c~7~ ~LrVERV ,~ RESTRICTED O~ ¢ ~ ~ ~ S"OWTOWHO~M DATE~ STATE OF NEW Y~RK ) COUNTY OF SUFFOLK ) SS.: ~ ~ i nlgu~' sworn .~de~sa ~ ' gd y ,depoe a d ys that on the ~ day of ,19/_~/~, deponent mailed a true copy of the Notice set forth on the re- verse side-h~rec~~ each of the'alCove-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 assess.rrLe trl~ or.the T~,I~.~ 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) (~ail. Sworn to before me this day of ~, 19 Notary Public HELEN K. DE ~ NOIARY PUBLIC, Slate of New York No 4707878, Suffolk County ~ term Exp~e~ M~ch 30, 19.~-~ The F;.Y.S. [l~i~ronme~n~al quali~¥ R(:v,ew t requires sub- mtssio, of Lhis~brm. ond an envtr6nmenLal ,iew will be made by this board before any action is taken. SHORT ~NVIRO,~,:EHTkL ASS.,S.~ME.;T F~P3~ (a} In order to answer the questions in this short gAF is ia assumed that the preparer wit! use currently availabls inforr~ation concerning the proJsct and the l~kely ~.mpacts of the action, It is not expected that additional studies, rssearch or other investigations will be undertaRen, (b) If any question has been ShOWered Yes the project may be sign/f/cant and a completed Envircmmental Assessment Form is necesoar{. (c) If all questions have been answered No it is likely that this project is nc% significant. (d) Envircrnental Assessment 1. Will project result in a large physical change to the project site or physically alter more t~n 10 acres of land? · · · · · · · , . . . Yes X No me 6. 7. 10. 11. 12. 13. PREPARER,3 SIC:;ATL~E~ TITL.~: R.PR ..... ~TI,,~. DATE: Will there be a major change to any unique or unusual land form found on the site? , Will project alter or havs a large effect on an existing body of water? · , · , , , · · Will project have a potentially large lmpac~ on groundwater quality? , , Will project significantly offset draim, ags flow on adjacent sites? · · · Will project affect any threatened or endangered plant or anbrml species? . . . . . W~I project result in a major adverse effect on Will project have a major effect on visual char- acter of the co~munity or scenic views or vistas known to be ~mportant to the com.munity? · · · Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Will project have a major effect on existing or future recreational opportunities? · . · Will project result in major traffic problems or cause a major effect to existing transportation Will project reg~nlarl7 cause objectionable odors, noise, glare, vibration, or electrical disturb- ance a~ a result of the project's operation? . Will project have any impact on public health or Will project Affect the existing community by directly causing a ~rowth In permanent popula- tion of more than 5 percent over a one--year period ~ have a major negative effect on the lo there concerning the project? ,, Yes X No Yes X Ns Yes x No Yes X Nc -- Yes X No Y~s x ~o Yes x No Yes x Nc Yes. ~ No Yes X No Yes X No Yes X No Yes X No Yes X No OUEST!ONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The f~ew York State Tidal Wetlands and Use Regulations, G NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box ~1 and/or Box #6 below. Please either call their office or pe,'sonally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. ! ] I. [ ] I ] 3. Ix] 4. Waterfront without bulkheading Waterfront with bulkheading in good cor, ditio~ [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfr~,r~t or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates h~y property from this environmental area: [ ] 50' existing road ix ] existing structures [ ] bluff area more than 10' in elevation above mean sea level [xl 5. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. [ ] 6. This proposed addition/e:<pansion of an existing building will NOT be more than 75' from the landward edge ot' tidal wetlands/waterfro~t area. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.5. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. - This questionnaire is made to explain the requirements of this State [.aw and to prevent any unnecessary delays i~ processing your application(s). / #/