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Home My WebLink About2997 ~3~3~S~_~A~T_ET~__G_QLD~ ~2997~_ 1445 Bayshore Rd., Greenport 7/8/82 . deck w/insuff, sade and rear'ya~d setbacks. 53-4-4 Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 c::OUTHOLD, L.I., N.Y. 119'71 ACTION OF THE ZONING BOARD OF A Appeal No. 2997 Application Dated May 24, 1982 TO: Abigail A. Wickham, Esq. Attorney for Mrs. Annette Golden Carnes Main Road, Box 1424 Mattituck, NY 11952 TFI EPHONE (516) 765-1809 ? CsEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE~//~/F~ HOUR/~/~ At a Meeting of the Zoning Board of Appeals held on July 29, 1982 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 ~ ] Request for Variance to the Zoning Ordinance Article III , Section 100-31 and 100-36 [ ] Request for The public hearing on this matter was held on July 8, 1982. Upon application of ANNETTE GOLDEN CARNES, 1445 Bay Shore Road, Green- port, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for approval of the construction of swimmingpool and deck with insufficient side and rear yard setbacks at 1445 Bayshore Road, Green- port, NY; bounded north by Pipes Cove; west by O'Brien; south by Bay Shore Road; east by Koehler; County Tax Map Parcel No. 1000-53-4-4. The board made the following findings and determination: This is an appeal from an Order to Remedy Violation of the Southold Town Building Department dated August 27, 1980 which directed the appli- cant to comply with Sections 100-31 and 100-36 of the code and to remedy the violations of the setback requirements for this attached deck area. The facts leading up to this appeal are as follow: By application dated March 1, 1980, appellant applied to the Building Department for a building permit to construct an inground swimmingpoot with fence enclosure on her premises (approximately 19,780 square feet) located in the rear yard approximately 45 feet from the high water mark and three feet from the easterly property line and 76 feet from the westerly property. The application shows the pool area to be separate from the existing house and the fence enclosure would extend to the rear (water side) of the existing house. The dimensions of the entire new construction is "Front 36', Rear 36', Depth 18'," as shown on the building permit application. The building permit was issued on March 24, 1980 under Permit No. 10597Z. DATED: September 11, Form ZB4 (rev. 12/81) On July 25, 1980, an amendment to Building Permit No. 10597Z was issued by the building department permitting a deck. The dimensions of the deck are shown to be 10' at the north edge, 5' at the east edge, 4' at the west edge, and 5' at the south edge of the pool. The fence enclosure shows an extended open area within the enclosure at the south end for steps. Also, the construction of the pool, deck and fence are shown to be in the sideyard area rather than the rearyard area as originally permitted by Permit No. 10597Z. Apparently the original plan submitted to the Building Department with the application for building permit No. 10597Z did not show the "existing deck area" at (CONTINUED ON PAGE TWO) 1982. -CHAIRMAN, SOUTHOLD TOWN~ONING OF APPEALS Page 2 - Appeal No. 2997 Matter of Annette Golden Carnes Decision Rendered July 29, 1982 the rear of the house as is shown on the "amended plan" of July 25, 1980. It appears from the records on file that one of the building inspectors approved one or more amendments and/or revisions to the plans for the pool, deck and fence structures, either by mistake or upon the belief that he had the authority to permit such revisions. On July 29, 1980 an application for a certificate of occupancy was filed with the Building Department. On August 25, 1980 an inspec- tion was made by one of the Building Inspectors, at which time he found that: (1) the gates of the fence enclosure and enclosure of the pool was not adequate and (2) the deck was attached to the existing deck of the dwelling, and that the sideyard clearance was insufficient. On or about the 27th of August, 1980, Mrs. Carnes was apparently informed by one of the Building Inspectors that the "amendment" to the building permit was in error and that the pool must be located in the rearyard, not the sideyard, and a three-foot setback from the property line would be permissible if the pool and deck were detached from the dwelling and if an application was made to this board for approval of the sideyard area as a means of correcting this violation. On August 27, 1980, an order to remedy violation was issued as mentioned above. On August 28, 1980 an application for a variance was filed with this board under Appeal No. 2740, which was withdrawn without prejudice as requested; and on May 24, 1982, this amended application was filed. The distance between the garage and the northwesterly property line is approximately seven feet, and there is an opening between the garage and the hedges of approximately 5½ feet. At the southeast side, the distance between the fence enclosure and the property line is four feet, and there appears to be no opening between the fence and the property line because of the hedges. The total sideyard area is approximately 11 feet. The total area of the parcel in question is 19,780 square feet. The area of the house and garage per applicant's attorney is 2,040 square feet; the patio 210 square feet; the existing deck 624 square feet, the pool and walk 2,228 square feet; for a total area of lot coverage 5,102 square feet. The percentage of lot coverage is 25.8%. Section 100-31 of the code requires a maximum permitted percentage of 20 for lot coverage. This application does not request this relief and it is the opinion of this board that an application to this board for same must be made. It is the opinion of this board that under the circumstances, practical difficulties have been shown, and it cannot be denied that actions of the Building Department may have contributed to the cir- cumstances in which the appellant finds herself. In view of the manner in which the difficulties arose, it is the opinion of this board that the interest of justice will be served by allowing the variance. Now, therefore, on motion by Mr. Douglass, seconded by Mr. Grigonis, it is RESOLVED, that the application of ANNETTE GOLDEN CARNES for approval of the insufficient side and rear yard setbacks of the inground swimmingpool and deck, be and hereby is GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the fence be improved around the pool to meet the code requirements; 2. That a new application for a variance be filed for considera- tion by this board on the excessive lot coverage; 3. That no construction of any type be permitted without the express prior written approval of this board after formal application therefor. Location of Property: 1445 Bay Shore Road, Greenport, NY; County Tax Map Parcel No. 1000-53-4-4. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolu~ion~was unanimously adopted. Southold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 SrlUTHDLD, 1.1., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN..IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearing by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, July 8, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of ANNETTE GOLDEN CARNES, 1445 Shore~ Bay ad, Greenport, NY for a Variancec--~--~o~~--~Or~to the Zoning Ordinance, Article I, Sections 100-31 and 100-36 for approva~ of the construction of swimmingpool and deck with insufficient side and rear yard setbacks at 1445 Bayshore Road, Greenport, NY; bounded north by Pipes Cove; west by O'Brien; south by Bay Shore Road; east by Koehler; County Tax Map Parcel No. 1000-53-4-4. 7:35 p.m. Application of MARGARET DELLANNO, by Rensselaer G. Terry, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A & B for permission to use preexisting touris~home altered to a three-apartment building for use as~three-dwelling apartments in this A-Residential and Agricultural Zone. Location of Property: 51255 County Road 48 and 50 Clark Road, Southold; bounded north by Corey; west by Clark Road; south by C.R. 48; east by Aurichio; County Tax Map Parcel No. 1000- 135-2-7.1. 7:45 p.m. Application for HAROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-115 for approval of suitable screening around the periphery of the existing junkyard located at 400 Nokomis Road, Southold; more particularly known as County Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing Waters. 7:50 p.m. Application of GEORGE H. AND BEVERLY G. BOEHLE, Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for approval of insufficient area and depth of two parcels located at Westview, Mayflower and Woodcliff Drives, Mattituck; bounded north by Westview Drive; west by Woodcliff Drive; south by Delisle Inc. and Orlowski; east by Mayflower Road; County Tax Map Nos. 1000-107-8-24 and 11. Agenda - Page 2 Southold Town Board of Appeals 'Regular Meeting of July 8, 1982 7:55 p.m. Application of PAUL AND BARBARA LEARY, 165 Second Street, New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck addition with an insufficient sideyard setback (and rebuild existing steps) at 165 Second Street, New Suffolk, NY; bounded north by Pugsley; west by Martin; south by Brophy; east by Second Street; County Tax Map Parcel No. 1000-117-10-20.5. 8:00 p.m. Application of WILLIAM E. AND PAUL A. TUITE, 1777 Harvard Avenue, Merrick, NY 11566 for a Variance to the Zoning Ordi- nance, Article III, Sections 100-31 and 100-36 for permission to construct addition to existing dwelling with reduction in sideyard at the South side of Midway Road, Southold; C~dar Beach Park, Filed Map No. 90, Lot 113; further identified as County Tax Map Parcel No. 1000-90-2-6. 8:05 p.m. Application of VERA GRETCHYN MARINO, One Denton Road, Kings Point, NY 11024 for a Variance for Approval of Access, New York Town Law, Section 280A over a private right-of-way located off Soundview Avenue and referred to as "Hyatt Road - Private Road No. 18", Southold. Location of Property: 1925 Private Road #18, Southold; bounded north by Neslage and Private Road; west by Lind- meyer; south by L.I. Sound; east by Reise; County Tax Map Parcel No. 1000-50-1-20. 8:15 p.m. Recessed Hearing: Application of VINCENT W. ANNABEL, Appeal No. 2805. 8:20 p.m. Recessed Hearing: Application of NORTH FORK BANK AND TRUST CO., Appeal No. 2987. Dated: June 17, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski, Secretary ....................................................................... X Instructions to newspapers: Please publish once, to wit, Thursday, July 1, 1982 and forward one affidavit of publication to: Board of Appeals, Town Hall, Southold, NY 11971 on or before July 7, 1982. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~...o....-....x.~.~:. 4.:z.-c. ............................. (' ,~',~-',,' ,-,;,.,,,..,~x~ ~x'~.~.~.'z..~, .x,,. ~: ....... ~-~^~ -,-,,,<~ ~o-rlc~ t~o~ ~,o,~ o,~,,=t,o, ,ot~ d~.Z...y.....Z....~ ....................... , ~.~ fO, perm,t toJ7.~ ..... 0.~/~..~..~.,~..~.Z'/~.~.3t the premises located at .................................... ~. ~'~.~.~.~.....x~........' ............. ...~;.~o, ~,'~,,X~-Z- Map ZC~/.C~....-:.....~....~. .......... Block ............ .0..~... ...................... Lot ....... z/~. ~. . . . . . .~. ~. . ~ ~r~.~. . . . .-. .~ . ~ .~ ~ ~. .~. . ~.~ ~. ~. . ~. ..~.~. .~ . . . ~. ~. . . . ~ ~ ..... ,,,~,.~.,..~..:.~ ~......~.,.~,~:~. ./,.~.. ~',~-'Z..~.4..,....Z~..~.,.,-,~-x...,~ ..... · .~-~.~.....~....~.~.,..~.....~.~*...'..~.~...xx.~.~s .......................... · /Building Inspector FO~L,~ NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE 5OUTHOLD, N. Y. Disapproved~i ................................................................................... ' (l~uilding Inspector) APPLICATION FOR BUILDING PERMIT App,,co,,on No. ....... INSTRUCTIONS a. This application must be completely filled in by typewriter o~ in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets o~ areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. 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 witl issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose who(ever'until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Deportment for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Sou(hold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessarY inspections. (S~i.ignature of applicant, o~rl~rn~ e, if a~ co_~ooration) (Address of applicant)7' State whether applicant is owner, lessee,~architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ..... ~..~..~.~.~..~.~...~. ............ .~..(t~.L~..~'..%~.,.' ............................................................... If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ................... .?.../..~.~.......k.!:..J .......... C L~] ,~, ~. It a ~,,/¥'C,d' ) Plumber's License No ................................................. Electrician's License No ............................................. Other Trade's License No ........... ..L.....O~.....~i./. ................. 1. Location of land on which proposed work will be done. /V, cp No.: .......... [.!....~...~.. ................. Lot No. ~.:..).L.~.~.?~ ...... Street and Number ...t.~..¥-..~.....~..~,..Z.~.I.~.C'..~...~.. ....... .i~..)~.. ....... ..~...~...~..¥.VJ..~...~'.t..~z....'~.. ............................................... Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisiting use and occupancy .................... ).?~...~.-~.¢~... ............................................................................................... b. 'ntendeduseondoccupancy 3. Nature of work (check which a able): New Building.. ................. Ad .................. Alteration ................. Repair .................. Removal .................. Demolition .................... Other Work '~-,4.4=4~' ,~Z",Oc'/'~'-~,-//~c.~" ' (Description) ' 4. Estimated Cost ............. ..~..'.~.?..~ .............................. Fee .......................................................................................... (to be paid on filing this application) · 5. If dwelling, number of dwelling units ............................ Number of dwelling units on each floor ............................ If garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............. ~.~:....):'.. ....... Rear ....... '..~.....3:~.. ............... Depth ....."~....¢=~ .......... Height .....J...~::...~.~. ......... Number of Stories ............... ~ ............................................................................................. Dimensions of same structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front ........ . .~...~ .................... Rear ......... ..~...~ ............ Depth .../....~.. .............. Height .................... Number of Stories .............~....~...~..~......~.%.%~..'C7i..~. ........................................................................... 9. Size of lot: Front .................................. /./..~... ............ Rear ................ /.../...).~. ................ Depth ...... ../...(:..~. ................ 10. Date of Purchase ........................................................ Name of Former Owner ........................................................ 11. Zone or use district in which premises are situated ............... X.~..k,..~, ......................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ........ ...h~...~. ....................................... 13. Will lot be regraded. ............ .~....0. ........ Will excess fill be removed from premises: O>~ Yes ( ) No 14. Name of Owner of premises .................................................... Address ................................ Phone No ....................... Name of Architect .............................................................. Address ................................ Phone No ....................... Name of Contractor ............................................................ Address ................................ Phone No ....................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner Jot, A I I [ ' , STATE OF NEW YORK._ ., t S S COUNTY OF ..... ~?.:..~..t.~..0..."~....~.......)' ' PERMIT INCLUDES APPROVAL TO REMOVE EXCESS FILL FROM ABOVE PREMISES BY REGRADING LOT __ DRIVEWAY CONSTRUCTION ~ CESSPC, O L CO NS 1' RUCTION J h., CELLAR CONSTRUCTIO["I (Name of individual signing contrac~ above named. He is the ................................................................................................................................................................................. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or hove performed the said work and to ~ke and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and ~ar the work will be performed in the manner set fo~h in the application f~ed therewith. orn to before me this ~ /} ~ Nota~ Public, ...~.~.~....~ .......................... ~n~ ...... ~ ....... ~..~..~......~ ......................... (Signature of applicant) FR,~[S H~SSIN, ~-.~.~V~ TOWN OF SOUTHOLD, NEW YOItK DEC,SION OF TO THE ZONING BOARD OF APPEALS, TOWN OF S~THOLD, N. Nome of Appellant Street and Number Municipality ...Ne~..Yc~sk ......... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of ......... k ...................... .................. ................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY (X) Permit tm occh~y additicn 1. LOCATION OF THE PROPERTY ........... '.B.~L;..~.r..e......Rg~...d. ............................ .A. ............................... Street Use District on Zoning Map '.A~_~nc%~/.,~;~p.~%..=..P. ecc~i~..Ba¥..~s~a%e~'.~l.l~4~ Lots 22,23 and S/RD/O Lot 21 Map No. Lot No. Dist. 1000 - Sec. 053 - Blk. 04 - Lot 004 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.) _ Ar~4cl~ TTT.. ,q,c~,~-.hw.~ 100-31 =_nd b,,l__k _~ch~]l~ ~nd ~wn~im 1A0-36 (X ( TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~m~-(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 ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applicant requires a Certificate of Occupancy for pool and deck as shown c~ the attached m~p by Van TuT1 dated December 29, 1980, cc~taining insufficient side yard set back of approximately four (4) feet. Form ZB1 (Continue ide) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becaase ~ pool and deck w~.ze ~t ~s,~ by ~e Sou~old ~ B~g ~U,~t, ~ se~e f~ci~ ~d- ~ip w~ ~t if ~1 ~ al~ w~e r~. ~e a~ s~t of ~ a~t ~i~ ~]e h~ of ~s~ of ~%e ~1 ~d d~k. ~e ~g is n~ f~ safe~ ~ ~e nei~g ~-~ ~ d~se ~1~ h~. If ~ ~1 ~g w~e not c~ ~ ~ d~g ~ ~ of ~e ~e, ~ ~ ~ ac~ s~e wi~ ~f~ seek. H~, it w~ c~ f~ safe~ ~d a~e~c p~. ~e ~ ~t ~ s~ll, it w~,l~ ~ L[~ac~l ~ ~ a ~1 wi~ ~ ~g at~ ~ ~ ~i~ ~t ~]~ wi~ ~ ~f~-~ r~t f~ si~d 2 The hardship created is UNIQUE and is not shared by oll properties alike in the immediate vicinity of this property and in this use district because ~b.e gaol a~d cleek are at~ad3ed tD tl~e resid~ce rather ~han cons~ucted separab~ly as ~ aco~ssccy st~cture. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 'd-re stn3cL-u~e J..~ not ~d. sible ~zom the road sinee it is locabgd behind a high f~mce. It is screened from ~e neighbors by plantings, which minimize i~ impact. S'FATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Annette Golden Signature Can3es Sworn tn this ..................... .?~...-_-~... ................ day of .................... ~l.y ......................... 19cq2 ~o~e_'~N OF SOUTHOLI3~ PROPERTY RECORDCARD OWNER STREET VILLAGE ~ SUB. t/ LOT ~ .~ .. ~f-,' '., ; ,' '"'~ :v I X2,, '5~r ,'" ~"~ ~' ' FORMER OWNER N ' E ' AC.R~ J :~ i I RES. LAND Swampland VL. FARM TOYAL DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE . FARM Acr~- Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland FRONTAGE ON WATER Brushlarl~ I~louse Plot FRONTAGE ON ROAD DEPTH TotaJ..--~ BULKHEAD DOCK COLOR TRIM Potio . Total Foundation z?Basement Ext. Walls /~Fire Place !Type Roof reation Roorr Driveway t t Bath Floors nterior Finish Rooms 1st Floor ~,ooms 2nd Floor 4 ?~ W ~'uinette 'i ~ ;:~.. K. -,<. ,, LR. ,t~ ~ 'BR. ~ FiN. B. (516) 360-5513 Town of Southold Board of Appeals August 23, 1982 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. A~plicant Municipal File Number Vincent W. Annabel Peter Kujawski Raymond & Joan Young Lucy E. Michaels Henry S. Kozen Gerard Galliano Estelle L. Weinrib Elwood & Carol Hughes Annette Golden Carnes Warren E. & Ellen Hufe John E. & Patricia A. Clark 28O5 2946 2964 2989 2990 2993 2994 299Y~. 3009 3010 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning _~ ~ ~ t Gerald G. Newman Chief Planner APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAW~CKI Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. 11971 TELEPHONE {516) 765-1809 October 19, 1982 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, P.O. Box 1424 Mattituck, NY 11952 PoC. Re: Appeal No. 2997 - Annette Golden Carnes Dear Gail: In response to your September 21, 1982 correspondence, please consider this letter a clarification of Condition No. 3 of this board's decision rendered July 29, 1982 in the above-entitled matter. Condition No. 3 should be interpreted to mean that no exter- nal construction shall be permitted without the express prior written approval of this board after formal application therefor. Accordingly, internal alterations could be considered for approval by the building department, without necessitating an application to this board due to the restriction of Condition No. 3. We hope that this letter will be of assistance to your clients. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk cc: Building Department Mrs. Annette Golden Carnes WlCKHAM, WlCKHAM & BRESSLER, ~.c. September 21, 1982 Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, N.Y. 11971 Re: Annette Golden Carnes Appeal No. 2997 Gentlemen: I have reviewed your decision rendered July 29, 1982 and would like to request a clarification of Condition 93. Condition #3 provides "that no construction of any type be permitted without the express prior written approval of this Board after formal application therefor." In speaking with Mr. Goehringer regarding this condition, I understand that the concern of the Board was that there be no further building which would increase the lot coverage beyond that of the existing structures. If the Carnes were to make internal alterations, a building permit may or may not be required, depending on the type of alterations. However, if a variance were not otherwise required, I do not believe it would be fair to require the Carnes to come before this Board if the Building Department could issue a permit within their routine jurisdiction, or if no building permit were required. In light of the above, I would like to request that Condition #3 be modified to read as follows: "That no external construction of any type, resulting in additional lot coverage of the structures on the premises, be permitted without the express prior written approval of this Board after formal application therefor." Thank you for your consideration. / Sincerely yours, AAW:ab .~. / Abigail A.;Wickham ( ) C::::,.' WICKHAM, WJCKHAM MAIN ROAD, P,O.~OX MATTITUCK LONG ISLAND NEW YOF~K September 21, 1982 Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, N.Y. 11971 Re: Annette Golden Carnes - Appeal No. 2997 Gentlemen: I have reviewed your decision rendered July 29, 1982 and would like to request a clarification of Condition #3. Condition #3 provides "that no construction of any type be permitted without the express prior written approval of this Board after formal application therefor." In speaking with Mr. Goehringer regarding this condition, I understand that the concern of the Board was that there be no further building which would increase the lot coverage beyond that of the existing structures. If the Carnes were to make internal alterations, a building permit may or may not be required, depending on the type of alterations. However, if a variance were not otherwise required, I do not believe it would be fair to require the Carnes to come before this Board if the Building Department could issue a permit within their routine jurisdiction, or if no building permit were required. In light of the above, I would like to request that Condition #3 be modified to read as follows: "That no external construction of any type, resulting in additional lot coverage of the structures on the premises, be permitted without the express prior written approval of this Board after formal application therefor." Thank you for your consideration. Item for :t'ild:ng Dept..- Pi?ruing Eoard Applicant or his Agent copy to Original for ZBA file Comments or Reply Roquested Sincerely yours, Abigail ~. Wickham Southold Town Board o£Appeals ~AIN ROAD- STATE RI]AD ~5 SI:]UTHaLD, L.I., N.Y. 11~71 TI:LEPHONE (516) 765-1809 APPEALS BOARD MEMRERS GERARD P. GOEHR~NGER, CHAIRMAN CHARLES GRIGONIS, JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H. SAWICKI September 13, 1982 To: Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Mrs. Annette Golden Carnes 242 West 22nd Street New York, NY 10011 Re: Appeal No. 2997 Dear Ladies: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application for a variance. Also enclosed for your convenience is a complete set of variance forms, pursuant to Condition No. 2. If you have any questions, please do not hesitate to call our office (or that of the building inspector at 765-1802). Yours very truly, lk Enclosures cc: 1445 Bayshore Road, Greenport, NY 11944 Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeaff / ACTION OF THE ZONING BOARD OF A CsEIVED AND FILED BY Appeal No. 2997 Application 'Dated May 24, 1982 TO: Abigail A. Wickham, Esq. Attorney for Mrs. Annette Golden Carnes Main Road, Box 1424 Mattituck, NY 11952 THE SOUTHOLD TOWN CLERK DATE ~//~/~ HCUR/~,'~ At a Meeting of the Zoning Board of Appeals'held on July 29, 1982 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 Request for Variance to the Zoning Ordinance Article III , Section 100-31 and 100-36 [ ] Request for The public hearing on this matter was held on July 8, 1982. Upon application of ANNETTE GOLDEN CARNES, 1445 Bay Shore Road, Green- port, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for approval of the construction of swimmingpool and deck with insufficient side and rear yard setbacks at 1445 Bayshore Road, Green- port, NY; bounded north by Pipes Cove; west by O'Brien; south by Bay Shore Road; east by Koehler; County Tax Map Parcel No. 1000-53-4-4. The board made the following findings and determination: This is an appeal from an Order to Remedy Violation of the Southold Town Building Department dated August 27, 1980 which directed the appli- cant to comply with Sections 100-31 and 100-36 of the code and to remedy the violations of the setback requirements for this attached deck area. The facts leading up to this appeal are as follow: By application dated March 1, 1980, appellant applied to the Building Department for a building permit to construct an inground swimmingpool with fence enclosure on her premises (approximately 19,780 square feet) located in the rear yard approximately 45 feet from the high water mark and three feet from the easterly property line and 76 feet from the westerly property. The application shows the pool area to be separate from the existing house and the fence enclosure would extend to the rear (water side) of the existing house. The dimensions of the entire new construction is "Front 36', Rear 36', Depth 18'," as shown on the building permit application. The building permit was issued on March 24, 1980 under Permit No. 10597Z. DATED: September 1D, Form ZB4 (rev. 12/81) On July 25, 1980, an amendment to Building Permit No. 10597Z was issued by the building department permitting a deck. The dimensions of the deck are shown to be 10' at the north edge, 5' at the east edge, 4' at the west edge, and 5' at the south edge of the pool. The fence enclosure shows an extended open area within the enclosure at the south end for steps. Also, the construction of the pool, deck and fence are shown to be in the sideyard area rather than the rearyard area as originally permitted by Permit No. 10597Z. Apparently the original plan submitted to the Building Department with the application for building permit No. 10597Z did not show the "existing deck area" at (CONTINUED ON PAGE TWO) 1982. 'CHAIRMAN, SOUTHOLD TOWN~NING OF APPEALS Page 2 - Appeal No. 2997 Matter of Annette Golden Carnes Decision Rendered July 29, 1982 the rear of the house as is shown on the "amended plan" of July 25, 1980. It appears from the records on file that one of the building inspectors approved one or more amendments and/or revisions to the plans for the pool, deck and fence structures, either by mistake or upon the belief that he had the authority to permit such revisions. On July 29, 1980 an application for a certificate of occupancy was filed with the Building Department. On August 25, 1980 an inspec- tion was made by one of the Building Inspectors, at which time he found that: (1) the gates of the fence enclosure and enclosure of the pool was not adequate and (2) the deck was attached to the existing deck of the dwelling, and that the sideyard clearance was insufficient. On or about the 27th of August, 1980, Mrs. Carnes was apparently informed by one of the Building Inspectors that the "amendment" to the building permit was in error and that the pool must be located in the rearyard, not the sideyard, and a three-foot setback from the property line would be permissible if the pool and deck were detached from the dwelling and if an application was made to this board for approval of the sideyard area as a means of correcting this violation. On August 27, 1980, an order to remedy violation was issued as mentioned above. On August 28, 1980 an application for a variance was filed with this board under Appeal No. 2740, which was withdrawn without prejudice as requested; and on May 24, 1982, this amended application was filed. The distance between the garage and the northwesterly property line is approximately seven feet, and there is an opening between the garage and the hedges of approximately 5½ feet. At the southeast side, the distance between the fence enclosure and the property line is four feet, and there appears to be no opening between the fence and the property line because of the hedges. The total sideyard area is approximately 11 feet. The total area of the parcel in question is 19,780 square feet. The area of the house and garage per applicant's attorney is 2,040 square feet; the patio 210 square feet; the existing deck 624 square feet, the pool and walk 2,228 square feet; for a total area of lot coverage 5,102 square fee~. The percentage of lot coverage is 25.8%. Section 100-31 of the code requires a maximum permitted percentage of 20 for lot coverage. This application does not request this relief and it is the opinion of this board that an application to this board for same must be made. It is the opinion of this board that under the circumstances, practical difficulties have been shown, and it cannot be denied that actions of the Building Department may have contributed to the cir- cumstances in which the appellant finds herself. In view of the manner in which the difficulties arose, it is the opinion of this board that the interest of justice will be served by allowing the variance. Now, therefore, on motibn by Mr. Douglass, seconded by Mr. Grigonis, it is RESOLVED, that the application of ANNETTE GOLDEN CARNES for approval of the insufficient side and rear yard setbacks of the inground swimmingpool and deck, be and hereby is GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the fence be improved around the pool to meet the code requirements; _4 2. That a new application for a variance be filed for considera- tion by this board on the excessive lot coverage; 3. That no construction of any type be permitted without the express prior written approval of this board after formal application therefor. Location of Property: 1445 Bay Shore Road, Greenport, NY; County Tax Map Parcel No. 1000-53-4-4. · . Vote of the BoardIAyes: Messrs. Goehringe~oyen, Grigonis, Douglass and Sawicki. '~his resolution was unanimou"sly adopted. TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 Review: September Affidavit, dated May 22, 1982 Annette Golden Carnes 1, 1982 I have read the affidavit submitted by find that our records do not agree with the in the affidavit. the above and following items Item #3 The correct_number for Building Permit is 10597Z, ~asued on March 24, 19~,.~ Permmt #10665Z, dated March 22, 19~ zs incorrect and was mentioned in the revocation notice dated August 27, 1980; this was an error. Exhibit 'A', submitted with the affidavit, is incomplete since side two of the application is blank and does not in- clude a copy of the survey as originally submitted. The original application and copy of the survey (copies herewith) show that the inground pool was located behind the house, in rear yard area. This met zoning requirements and the permit was issued based on the information given. The plot plan on the application, and the survey did not reflect the actual conditions that existed. Decks had been added to the rear of the dwelling under a previous building permit, (copy of application herewith) and~e not shown on this application. Had this been shown on the application, the permit for the pool would not have been issued since the pool is now located in the side yard. Item #5 On July 29 an application was submitted to the Building Department for a Certificate of Occupancy for pool and deck, with a fee of $5.00 (copies herewith), not August 26, 1981 as stated in the affidavit. As stated in item #4, the permit for the pool was amended on July 25, 1980. Our records agree, however, July 25, 1980 was a Friday and the application for C.O. was made on July 29, 1980, a Tuesday of the following week. Assuming Saturday and Sunday non-working days, it would be inconceivable to believe that this deck could be completed in one day. I would there- fore have to speculate that the deck was under construction at the time the amendment was made. Review: Affidavit, Annette Golden Carnes September 1, 1982 Page 2 The Building Department made an 1980 and found that the gates of the closure of the pool was not adequate. inspection on August 25, fence enclosure and en- Mr. Horton made the inspection and it was at that time that he found that the deck was attached to the existing deck of the dwelling and that the side yard clearance was insufficient (copy of inspection sheet herewith, note comments). When Mr. Horton returned to the office he discussed this matter with me since I had issued the original permit. The following day I visited the premises to verify conditions. Item #7 I spoke to Mrs. Carnes on or about the 27th of August and stated that the pool must be located in the rear yard and not the side yard, and that a 3'-0" set back would be permis- sible. I suggested that the pool and deck be detached from the decks of the dwelling, in doing so, this would establish an accessory structure in the side yard area. Then apply to the Zoning Board of Appeals for approval of side yard area for this accessory use as a means of correcting this violation. Building Pemrit #10597Z expired on September 24, 1981; a new permit must be applied for. In addition to the variance for side yard location of this structure, a variance will be re- quired for the excessive lot coverage. Upon receipt of an application from Mrs. Carnes for a new permit, a disapproval notice will be issued accordingly. Re~ctfull~/~itted, ~dwar~ ~F. Hindermann Building & Housing Inspector EFH:ec Enclosures Chairman/Members copies ~ildinE Dept. Plncning Beard Applicant er his Agent Copy Original for ZBA file Comments or Reply Requested FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposel-{S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safeW inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling or land use $5.00 ..... ~.. ~ld ~e-ex,~ing Building ........................ New Building .. ~.~ Location of Property.. [~ ....... ~.Q~. ~O~ .... ~~~ Hou~ No. Street ~e~ Owner or Owners of Prope~y ... ~.~.~....C~ .............................. County Tax Map No. 1000 Section ............... Block ............... Lot ................ Map Subdivision Permit No./.Off..~. ?..~-Date of/Permit ~./Z,./~f~ .Applicant . ..~..~..~..%/~O~j.~.P, .~.~./.o~. .........= Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temp~,ry Certificate ..................... Final Certificate ....................... Fee Submitted $.~. ,~.,. ~ ................... Construction on above described building and permitemeets,aJ~ appl~able codes and regulations. Applicant ............................... TO T]~IE RDER OF ])OI,],,\IIS , FON~,OATION ( I st ) FODI,.rDAT I0N (2nd) 4 ROUGH FRAME & PLN~YBING INSULATION PER N.Y. STATE ENERGY COD. E FINAL ADDITIONAL COMMENTS: Mer~'andum from.... $outhold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 TO: From: Date: 8/19/82 Victpr Lessard~ ~x~q. A_dmini~stra.to~ Southold Town DUl£Qlng Departmen~ Z.B.A. Re: Appeal No. 2997 Building Permit No. 10597Z Annette Golden Carnes issued 3/2~ Dear Vic: With reference to the above matter in which a building permit was issued on 3/24 and amended on 7/29/80 (Permit 910597Z), w~ ask that your department review the affida~ of the applicant submitted with the ZBA application as to accuracy pertaining the events which had taken place. Please ind~-- cate whether or not there appears to be a6~ dissimilarities. :)UNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) ~360-5513 LEE: £. KOPPE:LMAN Town of Southold Board of Appeals August 23, 1982 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Vincent W. Annabel Peter Kujawski Raymond & Joan Young Lucy E. Michaels Henry S. Kozen Gerard Galliano Estelle L. Weinrib Elwood & Carol Hughes ~nette Golden Carnes Warren E. & Ellen Hufe John E. & Patricia A. Clark 2805 2946 2964 2989 2990 2993 2994 2995/ 2997~-" 3009 3010 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner $outhold of Al pe Is Town Board Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, Article III , Variance from Determination of Building Inspector __ Special Exception, Article __ Special Permit Southold Town , Section Sectionl00-31 and 36 Appeal No.: 2997 Location of Affected Land: County Tax Map Item No.: Within 500 1445 Bayshore Road, 1000-53-4-4 or Applicant: Annette Golden Carnes Greenport feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) Pipes Cove State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, or Other Recreation Area Existing or Proposed Right-of-Way of Any Channel Owned by the County or for Which The County lished Channel Lines, State or Federal Park Stream or Drainage Has Estab- Within One Mile of a Nuclear Power Plant ~ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct pool and deck with insufficient swimming side and rear yard setbacks. Copies of Town review. file and related documents enclosed herewith for your Dated: August 4, 1982 Temp. Secretary, Board 6f Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southoid Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 August 2, 1982 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal No. 2997 Annette Golden Carnes Dear Miss Wickham: Please be advised that the following action was taken by the board at a Regular Meeting held last Thursday, July 29, 1982 concerning the above appeal application: RESOLVED, that Appeal No. 2997, application for ANNETTE GOLDEN CARNES, for permission to construct pool with attached deck, be and hereby is GRANTED SUBJECT TO THE FOLLOWING CONDI- TIONS: 1. That the fencing around the pool be improved to meet the code requirements; 2. That a new application be filed for consideration by this board for excessive lot coverage; and 3. That no construction be permitted of any type without the express written, prior approval of this board after formal applica- tion therefor. This resolution was unanimously adopted. An official, formal determination and findings will be filed with the office of the Town Clerk as soon as possible and simultane- ously forwarded to you for your records. If you have any questions, please do not hesitate to call our Page 2 - August 2, Abigail A. Wickham, Esq. Re: Annette Golden Carnes Appeal No. 2997 office. For your convenience, we are enclosing one set of variance forms. Yours very truly, GG:lk Enclosure cc: Building Department GERARD P. CHAIRMAN GOEHRINGER WICKHAM, WICKHAM & BRESSLER, MAiN ROAD~ P.O. BOX 142~- MATTITUCK LONG ISLAND July 12, 1982 Zoning Board of Appeals Town of Southold Town Hall Southold, New York 11971 Re: Variance application of Annette Golden Carnes Gentlemen: At your request, Mrs. Carnes has measured the actual distance from the buildings to the hedges along the side boundaries of her property. On the north side, the surveyed distance between the garage and the prop- erty line is 7 feet. Mrs. Carnes has measured the distance from the side of the garage to the hedge and it is approximately 5 1/2 feet. The hedge is locat- ed inside the line and is kept trim to provide the main access to the water side of the property. On the south side, the distance between the pool fence and the property line is surveyed as 4 feet. However, the hedge which screens that side of the property occupies most of that space, and the actual distance between the hedge and the fence is less than one foot. In addition, the gate to the fence at the north side of the pool is approximately 40 inches in width. I have been advised by Mr. Van Tuyl that the filed map, Amended Map A of Peconic Bay Estates, in which this property is located contains a right of way to the creek several lots north of the Carnes' property. The right of way is not open at this time, but does provide a means of access to the water. As to the access over the property itself, the Carnes have found that the area along the north side of the property has provided sufficient access to the water side for their maintenance equipment. Very truly yours, AAW:kd WICKHAM, WICKHAM & BRESSLER, MATTITUCK LONG ISLAND NEW YORK 11952 Board of ppea]s Town ot $outhold July 16, 1982 Zoning Board of Appeals Town of Southold Town Hall Southold, N.Y. 11971 Re: Annette Golden Carnes Gentlemen: Based upon Van Tuyl's survey dated Dec. 29, 1980, I have computed the approximate square footage of the parcel and structures as follows: Approximate Lot Size 115 x 172 19,780 sq.ft. House and garage 2040 Patio 210 Deck 624 Pool and Walk 2228 Total 5102 Percentage of lot coverage 25.7% Please let me know if you need any more information. Sincerely, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 11~?1 TELEPHONE (516) 765-1809 July 12, 1982 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Main Road Mattituck, NY 11952 Re: Appeal No. 2997 - Annette Golden Carnes Dear Miss Wickham: with reference to the appeal application for Mrs. Annette Golden Carnes, please be advised that the board would like: (a) to be furnished with the square footage of all structures on this parcel for the purpose of determining total lot coverage, and (b) to reinspect the premises at a time convenient for Mrs. Carnes, possibly Saturday morning, July 17th. Please keep us advised. Yours very truly, GERARD P. GOEHRINGER CHAIR~LAN By Linda F. Kowalski Secretary WICKHAM, WICKHAM & BRESSLER, p.c. MATTITUCK LONG ISLAND 5(6-298-8353 Southold Town Board of Appeals Main Road Southold, NY 11971 June 4, 1982 Att: Linda Kcwalski, Secretary fhclosed is a copy of a letter received frc~ the DEC indicating that the violati~ has been cleared. ~e original letter was sent to tetrs. Carnes and I am asking her to 'send us a copy of it so that I can send you a copy with the DEC letterhead. I would appreciate your scheduling this matter for the next available date. Very truly yours, A~:ljw ]~l~c. cc: Mrs. Annette Carnes keguiatory Affairs Unit Building 40, SUNY Stony Brook, NY 11794 516-751-7900 June 2. 1982 M_rs. An-ette Golden Carnes 242 West R2md Street New York, NY 10011 Nicholas and Annette Carnes - Construction of sw~m~gg pool ·nd deck (Application 10-81-0270) Dear Mrs. Carmes: This is to acknowledge your recent letter regarding th. above refer- enced matter advisingNYSDEC of the purchase and plaut~mg of Rosa Rugosa in a 18' wide buffer between the deck and Pipe's Cove. By m-ans of this letter NYSDEC affirms that the conditious of the stipulation agreement have bean completed and that no fur£her action is required by the NYSD~C with respect to the pool and deck. Robert N. Thurber SeniorEnviron~entalAnalyst CTH:P,i;?~:ll cc: A. Wickham/ For: Charles T. Hamilton Alternate Regi~m~ Per.tit Adm~.istrator APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT .I. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RrlAD- BTATE RrlAD 25 !=:rnLITHrlLD, L.I,, N.Y. llg'71 TELEPHONE (516) 765-1809 May 29, 1982 Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 P.Co Re: Applications for Annette Golden Carnes Dear Gail: Please be advised that the following actions were taken at a Regular Meeting held last Wednesday, May 26, 1982: RESOLVED, that Appeal No. 2740, application of Annette Golden Carnes, be and hereby is WITHDRAWN WITHOUT PREJUDICE as requested by letter dated May 25, 1982. RESOLVED, that Appeal No. 2997, application for Annette Golden Carnes filed May 24, 1982 be held in abeyance pending receipt of comments or approval from the N.Y.S. Department of Environmental Conservation. These resolutions were unanimously adopted. Please keep us informed, and if you have any questions, don't hesitate to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold~ the following matters will be held for public hearing by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, July 8, 1982 com- mencing at 7:30 p.m. and as follows: 7:30 P.M. Application of _ANNI~I'I'E GOLDEN ~ ~7. nes, 1445 Bay Shore Road; Greenport. NY for a Variance to the Zoning Ordinance, Article Sections 100-31 and IH, 100-36 for approval of the construction of swimmingpool and deck with insufficient side and rear yard setbakcs at 1445 Bayshore Road, Green- port, NY; bounded north by Pipes Cove; West by O'Brien; south by Bay Shore Road; east by Koehler; County Tax Map Parcel No. 1000-53-4-4. 7:35 P.M. Application of MARGARET DELLANNO, by Rensselaer G. Terry, Esq., Main Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-30A & B for permission to use pre-existing tourist-home altered to a three*apartmeet building for use as three- dwelling apartments in this A-Residential and Agricultural Zone. Location of Property: 51255 County Road 48 and 50 Clark Road, Southold; bound- ed north by Corey; west by Clark Road; south by C.R. 48; east by Aurichio; County Tax Map parcel No. 1000-135-2. 7.1. 7:45 P.M. Application for HAROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article XI, Section 100-115 for approval of suit, able screening around the periphery of the existing junkyard located at 400 No- komis Road, Southold; more particularly known as County Tax Map Dis/rict 1000, Section 78, Block 3, Lot 20 at Laughing Waters. 7:50 P.M. Application of GEORGE H. AND BEVERLY G. BOEHLE, Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and depth of two parcels located at Wes~tview, May~ flower and Woodcliff Drives; Mattituck; bounded north by Westview Drive; west by Woodcliff Drive; south by Delisle Inc. and Orlowski; east by Mayflower Road; 'Cou~'~y' Tax Map Nos. i000- 107-8-24 and 11. · 7:55 P.M. Application of PAUL AND BARBARA LEARY, 165 Second Street, New Suffolk, NY for a Variance to the Zoning Ordi; nance, Article m, Section too-3! for permission to' construct deck addition with tnsuHlcient stdeyara setback (and rebuild existin~ steos) at COUNTY OF SUFFOLK ss: STATE OF NEW Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........................................ weeks successively, commencing on the / '~ /~ Sworn to before me this ............... /. ............... day of r /*~ ~ 19.~..~:~ 8:00 P~M. Application of WILLIAM E. AND PAUL A. .TU1TE, 1777 Harvard Avenue, Men'ici, NY 11566 for a Variance to the Zoning Ordi. nance, Article III, Sections 1.00-31 and 100-36 for permis- stun to construct addition to existing dwelling with reduc- tion in sideyard at the South side of Midway Road, South- old; Cedar Reach Park, Filed. Map No. 90, Lot 113; further identified as County Tax Map Parcel No. 1000-90-2-6. 8:05 P.M. Application of VERA GRETCHYN MARINO, One Denton Road, Kings Point, NY 11024 for a Variance for Approval of Access, New York Town Law, Section 280A over a private fight-of-way located off Soundview ~ and referred to as "Hyatt Road - Private Road No. 18", Southold. location of Proper- ty: 1925 Private Road #18, Southold; bounded north by Neslage and' Private"ROadl west b~ Lindmeyer; soutlf by ~ L.I. Sound; east by Reise,~ County Tax Map Parcel No. 1000-50-1-20. 8:15 P.M. Recessed Hear- ing: Application of VINCENT W. ANNABEL Appeal No. 2805. 8:20 P.M. Recessed Hear- ing: Application of NORTH FORK BANK AND TRUST CO., Appeal No 2987. Dated: June 17, 1982 By Order of the Southold Town Board of Appeals Gerard P. Goehringer, Chairman By Linda F. Kowalski, Secretary 1T-7/1/82 (28) CLEMENT J. THOMPSOK NOTARY PLIBI, K, State d New Yoct Ce~_.__~ ~ March .~, ,d Tow~ Board · ' A~.~,::-~ al ~he Town Hall, M~n Road, Sou~old, NY on ~ursday, July 8, ~982 com- men.rig at 7:30 p.m. and as follows: ~7:30 P.M. Application of NNEI-I ~ GOLDEN CAR- nas, 1~5 Bay Sho~ Road, ~eenpom NY for a Valance m ~e ~ning Ordin~ce, ~icle IlL Se~ions 1~-31 and 1~36 for approval of ~e ~n of s~m~l ~d deck ~ ~uffi~ent side and ~ y~d sethakcs at 1~5 Baysho~ R~d, Green- ~, NY; ~unded no~h by ~ Cove; West by O'B~en; ~u~ by Bay Shore Road; e~ by K~hler; Co~ Tax Map' , P~I No. 1~53-4~. ' ~ 7:35 P.M. Appli~fion of', ~RGAR~ D~L~NO, by ' Re~r G. Te~, ~q., M~ Ro~. ~u~old, ~ for · V~nce to the ~n~g Ordi- nan., ~icle ~, Se~ian I~30A & B for pe~ission to use pre~z~ting tou~t-home ~tered to a three-apa~ment building for use ~ ~ree- dwelling apa~en~ ~ ~h A-Residenti~ ~d A~cultural ~ne. ~tion of ~ope~: 51~ Coun~ Road 48 ~d ~ ~k R~d, ~u~old; bound- ed no~h by Co~y; west by ~ark Road; sou~ by C.R. 48; e~t by Aurichio; County Tax Map p~t No. 1~-135-2- 7.1. 7:45 P.M. Application for ~ROLD E. WALTEr, by Rich~d J. Cmn, ~q., Ma~ R~d, Cutchogue, NY for a Va~n~ to ~e ~n~g Ordi- nan.. A~icle ~, Section 1~115 f~ appwval of suit` sble ~eening around ~e ~dphe~ of ~e exis~g junkyard I~ated at ~ No- komis R~d, ~uthold; more pa~icul~ly ~o~ ~ County Tax Map Dh~ 1~, Se~on 78, BI~ 3, ~t 20 at ~ughing Waters. 7:~ P.M. Application of' GEORGE H. AND BEVE~Y G. BO~E, W~cl~ Drive, Ma~ituck, ~ for a Valance to ~e ~n~g Ordnance; A~icle HI, Scion 1~-31 for ......... appmval of ~su~cient ~ea ~d depth of ~o par~ls I~ated at Wes~ew, May~ fl~er and W~dcl~ Ddves; Ma~tuck; bounded no~ by Wes~ew Drive; west by W~cliff DHve; ~u~ by ~l~le ~c. and Orlows~; e~t by Ma~ower Road; ~ou~' T~ ~ap ~os. 107-8-24 ~d 11. 7:55 P.M. Application of' PAUL AND BA~A~ ~EARY, 1~ ~cond S~et, N~ Suffolk, ~ for a V~ to ~e ~n~g Ordi~ nan., ~icle ~, Se~ion ~ 1~31 -' ~r ' pem~sion to' ~nstm~ deck addition ~ msumclent s~deyard setback (and rebu~d e~ing steps) at l~ S~nd Street, New Suffo&, ~; bounded no~h b~ ,'~;::;:~:'..~...~..,~ ~gsley west by M~ ~~~~ S~; C~nW T~ '?,~p P~I Ho. 1~117-10- a public newspaper printed at Southold. in Suffolk County; and that the notice of which the ant'axed is a printed copy, has been published in said Long Island Traveler-Watch- m=n once each week for ..................... ./.. ................ weeks successively, commencing on the ............. ./.......~... .......... ......... ............... - Sworn to before me this ................................ day of 8:00 P.M. Application of WILLIAM E. AND PAUL A. .TUITE, 1777 Harvard Avenue, Merrick, NY 11566 for a' Variance to the Zoning Ordi. hence, Article BI, .Sections 100-31 and 100.36 for petrols- sion to construct addition to existing dwelling with reduc- fion in sideyard at the South side of Midway Road, South- old; Cedar Beach Park, Filed Map No. 90, Lot 113; further identified as County Tix Map Parcel No. 1000-90-2-6. 8:05 P.M. Application of VERA GRETCHYN MARINO, One Denton Road, Kings - Point, NY 11024 for a Variance for Approval of Access, New York Town Law, Section 280A over a private right-of-way located off Soundview ~ and referred to as "Hyatt Road - Private Road No. 18", Seuthold. Location of Proper- ty: 1925 Private Road #18, Seuthold; bounded north by Neslage .altd~ Private ';Road;-,? west b~ Lindmeyer; south by , L.I. Sound; east by Raise,~ County Tax Map Parcel NO. 1000-50-1-20. 8:15 P.M. Recessed Hear. lng: Application of VINCENT W. ANNABEL Appeal No. 2805. 8:20 P.M. Recessed Hear. lng: Application of NORTH FORK BANK AND TRUST CO., Appeal No 2987. Dated: Sune 17, 1982 By Order ofifie Southold Town Board of Appeals Gerard P. Goehringer, Chairman By Linde F. Kowalski, Secretary 1T-7/I/82 I28} ] CLEMENT J. THOMP~OIg NOTARY PUBL. IC, State d New Yo~x No. 52-9,t21725 Redd~n~ In Surfak County ~ommlssion Expi~ March ~0. TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. Address......~>...z.:~...(~ ./:.'..,.,, v('?...:Z ........ ::.:.::.:. ................................ Fed. I. D. No ...... :.~...::.~.:..~....~..~....~,. ..... or Soc. Security No .............................. The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the foregoing (Cross out one) claim iS true and correc! and thai no part fl~ereof has been paid, except as therein stated, and that the balance therein stated is actually due arid owing. ~/'.:/.~ ~ : ~- --:- :.~ .,~,.~,..~ ~ ,.,'. //. Dated ............. :. .................................................... z.~.-.: ......................................... ~/~..~.,~.~,~,~-~. Signature ~'~- ~ WlCKHAM, WICKHAM MAiN ROAD~ P,O. BOX MATtITUCK LONG iSLAND NEW YORK II9S2 516-298-83S3 July 12, 1982 Zoning Board of Appeals Town of Southold Town Hall Southold, New York 11971 Re: Variance application of Annette Golden Carnes Gentlemen: At your request, Mrs. Carnes has measured the actual distance from the buildings to the hedges along the side boundaries of her property. On the north side, the surveyed distance between the garage and the prop- erty line is 7 feet. Mrs. Carnes has measured the distance from the side of the garage to the hedge and it is approximately 5 1/2 feet. The hedge is locat- ed inside the line and is kept trim to provide the main access to the water side of the property. On the south side, the distance between the pool fence and the property line is surveyed as 4 feet. However, the hedge which screens that side of the property occupies most of that space, and the actual distance between the hedge and the fence is less than one foot. In addition, the gate to the fence at the north side of the pool is approximately 40 inches in width. I have been advised by Mr. Van Tuyl that the filed map, Amended Map A of Peconic Bay Estates, in which this property is located contains a right of way to the creek several lots north of the Carnes' property. The right of way is not open at this time, but does provide a means of access to the water. As to the access over the property itself, the Carnes have found that the area along the north side of the property has provided sufficient access to the water side for their maintenance equipment. Very truly yours, AAW:kd LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 2~;7 of the Town Law and the Provisions of the Amended Code of the Town of Seuthold, the following matters will be held for public hearing by the Southold Town Board of Appeals at the Town Hall, Main Road, Seufhold, NY on Thursday, July 8, 1982, commencing at 7:30 p.m. and as follows: ~. ~--7:30 p.m. Application of · ~'~ ANNETTE GOLDEN J CARNES, 1445 Bay Shore \ Road, Greenport, NY for a ~ Variance to the Zoning Ordi- nance, Article III, Sections.~ 100-31 and 100~36 for anproval of the construction ol~ swim-t mingpool and deck with~ insufficient side and rear yard setbacks at 1445 Bayshore Road~ Greenport, NY; 'bounded ~orth by Pipes Cove;~ westbyO Briea; ~outhbyBay~t Shore Road; east by Koehler; ~ County Tax Map Parcel N~. 7:35 p.m. Application of MARGARET DELLANNO, by Rensselaer G. Terry, Esq., Main Read, Seuthold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A & B for permission to use preexisting tourist-home altered to a three-apartment/ building for use as three- dwelling apartments in this A- Residential and Agricultural Zone. Location of Property: 51255 County Road 48 and 50 Clark Road, Southold; bounded north by Corey; west by Clark Road; south by C.R. 48; east by Aurichio; County Tax Map Parcel No. 1000-135- 2-7.1. 7:45 p.m. Application for HAROLD E. WALTERS, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article XI, Section 100~ 115 for approval of suitable screening around the i~eriphery of the existingj junkyard located at 400 Nokomis Road, Southold; more particularly known as County Tax Map District 1000, Section 78, Block 3, Lot 20 at Laughing Waters. 7:50 p.m. Appliation of GEORGE IL AND BEVER- LY G. BOERLE, Woodcliff Drive, Mattituck, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100- 31 for approval of insufficient area and depth of two parcels located at Westview, Mayflower and Woodcliff Drives, Mattituck; bounded north by Wnstview Drive; west by Woodcliff Drive; south by Delisle Inc. and! Oriowski; east by Mayflower Road; County Tax Map No~. 1000-107-8-24 and 11. 7:55 p.m. Application PAUL AND BARBARA LEARY, 165 Second Street, New Suffolk, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100~ 31 for permission to construct deck addition with an insuf- ficient sideyard setback (and rebuild existing steps) at 165 Second Street, New Suffolk, NY; bounded north by Pugsley; west by Martin; south by Brophy; east by Second Street; County Tax Map Parcel No. 1000-117-10- 20.5. '~' 8:00 p.m. Application o.f WILLIAM E. AND PAUL A. TUITE, 1777 Harvard Avenue, Merrick,~NY 11566 for a Variance- to the Zoning Ordinance, Article III, Sec- tions 100-31 and 100-36 permission to construct addi- tion to existing dwelling with reduction in sideyard at the South side of Midway Road, Southold; Cedar Beach Park, Filed Map No. 90, Lot 113; further identified as County Tax Map Parcel No. 1000-90-2- 6. 8:05 p.m. Application of VERA GRETCHYN MARl- NO, One Denton Road, Kings ~. oint, NY 11024 for a Variance for Approval of Access, New York Town Law, Section 280A over a private right-of-way located off Seundview Avenue and referred to as "Hyatt Road - Private Road No. 18", Southold. Location of Property: 1925 Private Road #18, Southold; bounded north by Neslage and Private Read; west by Lindmeyer; south by L.I. Sound; east by Reise; County Tax Map Parcel No. 1000-50-1-20. '- 8:15 p.m. Recessed Hearing: Application of VINCENT W. ANNABEL, peal. No. 2805. 8:30 p.m. Recessed fNearing: Application of ORTH FORK BANK AND TRUST CO., Appeal No. 2987. Dated: June 17, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowaiski, Secretary ?/ITJyl-4001 COUNTY OF SUFFOLK. STATE OF NEW YORK, ~ ss: .?~.O.y...Gu..s.~..a.v.~..o.11. ................... being duly Sworn, says that .h..e ..... is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published ~mt Greenport, in said county; and that the notice, of which the mmexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, f~r ....... 01~e ................ weeks successively commencing on the ..... ~.~.~. ................. day of ....... .Jply ~-ay of .... J.~ly. ........ 19.8. 2.. .............. ..... HEIFN K DEVnE NOTARY PUBLIC, State of N~w York No 410787i, SuJfJlk ~'~Jm Expres Ma~c~ 30, 19~ Copies of the Legal Notice for July 8, 1982 to the following on or about June 28, 1982: L.I. Traveler-Watchman Suffolk Times, Inc. Town Clerk Bulletin Board Abigail A. Wickham, Esq. for A. Carnes and NFBTC Ms. Annette G. Carnes Rensselaer G. Terry, Esq. for M. Dellano Ms. M. Dellano Richard J. Cron, Esq. for H. Walters Mr. and Mrs. George H. Boehle Mr. and Mrs. Paul Leary Mr. and Mrs. Wm. E. Tuite at Merrick and Southold Vera G. Marino, Esq. at Kings Point Mr. Vincent W. Annabel, Stillwater Avenue, Cutchogue Scuthold Tow~n Board of Appeals 1982 ENVIRONMENTAL DECLARATION: Appeal No. 2997. ~pplication of ANNETTE GOLDEN CARNES. Variance for .approval of construc- tion Df pool and deck with insufficient side and rear ye.rd setbacks. On motion by Mr. Douglass, it was seconded by Mr. Sawicki, RESOLVED, to declare the following Negative Environmental Declaration concerning the ~ ~ ma==e~ of Annette Golden Carnes: ENVIRONMENTAL DECLA-RATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation La%.; and Sec=_cn 4~-~ of the Sout.~o=d To~vn Code, ~o~_ce is hereby given that the Southotd Town Board of Appeals ..as determined that the subject project as proposed in this appeal application is hereby classified as a Tvoe II Action, not having a significant adverse effect upon t~ environment for the following reason(s): An Environmental Assessment in the Short Form has been su-ml=~ed which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. This declaration Should not be considered a determination made for any Other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. - Location of Property: 1445 Bay Shore Road, Green~port, NY. Vote of the Board: Ayes: Messrs Douglass and Sawicki ': · Goehringer, Grigonis, Doyen, .K JUDITH T. TERRY TOWN CLERK REGISTRAR Ol VITAL STATISTICS Southold, L.I., N. Y. 11971 TELEPHONE (516) 765-1801 May 24, 1982 ?O: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk ~&nsmitted herewith is Zoning Appeal No. Carnes for a variance. Also included is owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Wetlands Land-Use; Notice of Disapproval from the Building Department; JTT/bn Town Clerk Enclosures 2997 application of Annette Golden notification to adjacent property Tidal and WlCKHAM~ WICKHAM & BRESSLER, ~'.C. MAIN ROAD~ P.O. BOX 1424- MATTITUCK LONG ISLAND July 1, 1982 Southold Tc~n Board of Appeals Main PDad Southold, NY 11971 Gentleman: Please amand the above applicaticn to include request for a relief from the fifty (50) foot rear yard set-back requiremant of Section 100-30 and Bulk Schedule. ~he reasc~ for the variance is because the deck is located apuroMimately f~rty (40) feet frc~ the ordinary high water mark of Pipes Co~, which oc~stitutes the rear botmdary of the property, qbe reasons requested for the relief are the same as those for the variance initially applied for. ~hclosed is amended notice. C Very truly yours, ( ) ( ) ' :.' ' ' (fo?.t file R~ply Requested STATE OF N~W YORE. : SS COUNTY OF SUFFOLK : ANNETTE GOLDEN CARNES, being duly sworn, deposes and says: 1. I am the owner of premises at 1445 Bayshore Road at Arshamomoque, Greenport, Town of Southold, Suffolk County, New York. 2. In February of 1980, I consulted Irving Falk of Holiday Pools, Inc. regarding the construction of a swimming pool and fence at my residence on Pipes Cove, an arm of Peconic Bay. ~ne pool was to be located on the south- easterly side of the property, bayward of the residence, approximately 45 feet from the shore line. I instructed Mr. Frank Messina, who was retained by Holiday Pools, Inc., to proceed and he advised me that he would apply for a building permit as the first step. 3. On March 24, 1980, Building Permit ~665Z was issued and in May of 1980, construction commenced. A copy of the application and building permit are attached hereto~as Exhibit A. 4. During the summer, I decided that the pool would be more attractive and safer with more deck area surrounding it. After consultation with my builder, Craig Richter of R & R Home Construction, I authorized Mr. Richter to modify the deck plans. Mr. Richter told me the building permit would have to be amended. He submitted a revised sketch to the Building Department on July 25, 1980 showing deck and fencing attached to the existing decking in fronl of the residence (Exhibit B). On July 25, 1980, the Building Department approved the amendment by so indicating on the sketch, and construction of the expanded deck area progressed. 5. On August 26, 1981, application for a certificate of occupancy -1- was made to the Building Department. A building inspector made an inspection of the pool area that day and indicated that the only remaining requirement would be to install self-closing mechanisms on the gates in the fence, so the gates to the pool could not remain open while unattended. 6. On August 27, 198I, another building inspector inspected the site, and then revoked the building permit on the grounds that the attached pool and deck area required a variance for insufficient side yard, and the amended building permit had been issued in error, as shown by letter attached as Exhibit C. 7. On Auqust ~, an order to remedy violation was issued by the Southold Town Building Department, a copy of which is attached as Exhibit D. The building inspector explained to me that originally the pool was considered an accessory structure and a ~hree foot setback from the sideyard was permissible. However, when the building permit was amended in July to include a deck attached to the pool and the existing house, the entire structure should have been considered as part of the dwelling, requirin a 15 foot setback from the sideyard. Therefore, a variance should have been obtained from the .Zoning Board of Appeals before the amended building permit was issued. 8. On or about August 28, 1980, I submitted an application for a variance to the Zoning Board of Appeals of the Town of Southold for approval of insufficient sideyard area. 9. On or about August 30, 1980, I received a letter dated August 29, 1980, from the Chairman of the Zoning Board of Appeals informing me that my property appeared to fall within the jurisdiction of the New York Department of Environmental Conservation, and that a determination from the Department of Environmental Conservation should be obtained before the Zoning Board of -2- Appeals would process the v-~riance application. 10. I have applied to the Depar~rgnt of ~vircnmental Ccnservaticn and have entered into a settlement stip~]~tion .with them whida will allcw the existing pool and deck to remain, provided I establish plantings along the shore edge of the pool. I am in the process of having those plantings put in. 11. Since the construction has been completed pursuant to the build- ing permit issued by Southold Tcwn, I am in the difficult pcsiticn of request- ing a permit for a project whid~ has been v~-rtually finalized. However, I arrived at the circumstance at no fault of my ogn and do not believe that the requested variance will be a detriment to the neighborhood. In fact, I believe that an inspection of the property will reveal that the design, workmanship and landscaping eD_hances the property. Annette Golden Carnes day of May, 1982 ABIGAIL A. W~CKHAM Notmy Publk~ ~ of New Yo,-k No. B2-4842871. ~uffolk County,,., Com,d.dofl F, xllk. Mlroh 30, 19...~_.,-~ Sworn to before me this ~ TOWN OF $OUTHOLD, NEW ~A~I~/~ROM DECISION Of BUILDING INSPECTOR TO THE ZONING BOARD OF API~EALS, TOWN OF SOUTHOLD, Name of Appellant Street and Number Municipality ...New..¥ork ......... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ......... . .P. :..0. :....B_o..x...6..7_6. ...................... .................. ................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit to occupy a~l~ tic~ 1. LOCATION OF THE PROPERTY ........... .B.f~...S,.h..o..r..e.....R..o~....d. ........................... ..~ ............................... Street Use District on Zoning Map '~r~le~l.l~ap..A...-..lq. ec~c.~a¥..]~s~ates;:%.l.124 - Lots 22,23 and S/ p/o Lot 21 Mop No. Lot No. Dist 1000 - Sec. 053 - Blk. 04 - Lot 004 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. Se~4m ]~O-ql ~ b,,lk 3. TYPE OF APPEAL Appeal is made herewith for (×) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (b.~;L(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that applic~t requires a Certificate of Occupancy for pool and deck as shc~n cn the attached map by Van Tuyl dated Dece~aber 29, 1980, ccntaining insufficient side yard set back of approximately four (4) feet. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ pool and deck were fully ccnstructed pursuant tO a building permit iss,~ by the Southold Tc~n Building Department, and se~_re financial hard- ship would result if removal or alteraticm were required. ~he attached stats~ent of the applicant details the history of cc~structic~ of the pool and deck. ~he decking is necessary fc~:safety in the pool area, and is well screened from the' Neighboring property by dense established hedges. If the pool decking were not ccnnected tO the decking in beck of the house, the pool and deck cou/d be in this locaticn as an accessc~-y structure with 3-foot setback. However, it was ccnnected for safety and aesthetic purposes. Because the lot is sm~ll, it w~]ld be imuractical to have a pool with ~qua%e decking attached to the resid~ce that c~L~lied with the fifteen-foot requirement for sideyard setback. 2 The hardship created is UNIQUE and is not shared by ail properties alike in the immediate vicinity of this property and in this use district because the pool and deck are attached to the r~sidence rather than constructed separately as an accessc~y structure. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the struoture is not ~sible from the road since it is located behind a high f~lce. It is screened from the neighbors by plantings, which minimize its impact. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn tn this .................... ...c~..~..~. ...... day .... ............................. AIGAIL A. IIIKNMI of ....................~a,~ ......................... 1982 Southold Town Board of Appeals Main Road Southold, NY 11971 Att: Iinda Kowalski, Secretary ~J'Oill WICKHAM, WICKHAM & BRESSLER, P.C. POST OFFICE BOX 1424 - MAIN ROAD MATTITUCK, L I, NEW YORK 11952 (516) :298-8353 SUBJECT Carnes - Application for Variance Dear Iinda: of Town of $outhold July 7, 1982 Enclosed are the exhibits to the affidavit which were inadvertently omitted. I apologize for the inconvenience this may have caused you. SIGNED. Abigail A. wickham DATE SIGNED TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. sapproved ~-~ ........................................ c ........................................... ( ' ' g p ctor) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter ot~ in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets o. areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. 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 permit ~hall be kept on the premises available for, inspect on throughout the work. ' e. No building shall be occupied or used in whale or in part for any purpose whatever until a Certificate of Occupancy .hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant Jo the ;uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ',egulations, for the construction of buildings, additions or a[terations, or for removal or demolition, as herein described. -he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to ,dmit authorized inspectors on premises and in buildings for necessa/~Z'~spection~ ~Signotur_~e of o,g_D, licant, airborne, if a e.~poration) ' ate whether applicant is owner, lessee~g.~ar~hitect, engineer, general contractor, electrician, plumber or builder. :f applicant is a corporate, slgq~ture of duly authorized officer. (Name and title of. corporate officer) Bu Uer's Uce. se No .................. ......... .(_ ) Plumber's License No ................................................. Electrician's License No ......................... J~ ................. .": Other Trade's License No ........................ ; ...................... 1. Location of land on which proposed work will be done. Mcp No.: I I ~"~ ' 'Lot No.~...~...~...~..'~ Municip~fi~ S~ote existlnfl use ond occup~nc~ of premlse~ ond intended u~e ~nd occuponc~ of proposed con~tructlon: a. Exlsiting use and occupancy ~ ~ ~ b. Intended use ~nd occup=ncy ................ : ................................................................................... , .............. = . EXHIBIT A of Appea 3. Nature of work (check which apl: New Building'. ................................... Alterotio~ Repair. ................. Removal ..................Demolitior. .................... Other Work .¢...'~.~....~......~......'~...~...~.. L./. ~ O (Description) 4. Estimated Cast ............................................................ Fee .......................................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................Number of dwelling units oh each floor ............................ If garage, number of ~ ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specif~nature_~ and extent~ each ~pe of use ............................ 7. Dimensions of existing structures, if any: Front ............. Z..~ .......Rear ....... Z...~. ............... Depth Height ~ Number of Stories ' ~ ' Dimensions of some structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height':Z.~ ............. ~ ......... Number of Stories ............ ~...[ ............. 8. Dimensions of entire n~ construction: Front .................................... Rear ............................ Depth ........................ Height .................... Number of Stories ...~ .............................................................................................................. Size of lot: Front .................. ~..~.~ ......... ~.~ ............... Rear ................ ~.~.~ ................. Depth .......~.~..~ ................ Date of Purchase ........................................................ Name of Fo~er ~ner ....................................................... Zone or use district in which premises are situated ..................................................................................................... ~o Does proposed const~ction violate any zoning law, ordinance or regulation: Will lot be regraded ..............~..~ ........ Will excess fill ~ rem~ from premises: ~ Yes ( ) No Name of ~ner of premises .................................................... Addre~ ................................ Phone No ....................... Name of Archite~ Addre~ ............. Phone No .................. Name of Contractor ............................................. : .............. ~dress ................................ Phone No ....................... PLOT DIA~ Locate clearly and distinctly all buildings, whether existing or p~posed, and indicate all set-~ck dimensions from prope~ lines. ~ive street and block number or description, according to deed, and show street names and indicate t0. 11. 12. 13. 14. whether interior or corner lot. PERMIT INCLUDES APPROVAL TO REMOVE EXCESS FiLL FROM ABOVE PREMISES BY REGRADING LOT ...... - DRIVEWAY CONSTRUCTION CESSPOOL CONSTRUCTION CELLAR CONSTRUCTION OTHER STATE OF NEW Y. OR~,=- ,- Icc COUNTY OF ...... '' ~q. t~,'('O ~_ ~::~ ..~-~(-.~ ~-~ ~ ~,',~ r~ bein,~ .................. ~..1 ................................................................ ~ duly sworn, deposes and soys that he is the applicam (Name of individual signing contrac~ above named. He is the ~ ~ ~ ~ (Contractor~ agent, co~orote officer, etc.) . of so,id ow~ or owners, and is duly authorized to perform or have performed the said work and to make and file this e~pli~ti~; that all statements contained in this opplicction are t~e to.~he best of his knowledge and belief; and tha~ fhe~ork ?11 be performed in the manner set fo~h in the appliqation fil~ ~herewi}~ ............ t ........... day of ...~.~..~ ............ ;.f ...... , 19...~ ~. [ ~ ~ ' ~ . ............................................ . . .. ..... ; No. 52-4~48~93 Z/ r' /8' TOWN OF $OUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 August. 27, 1980 Ms. Annette Golden Carnes 360 E. 72nd Street New York, N.Y. 11021 REVOCATION: B.P.#10597Z 1445 Bayshore Road Greenport, N.Y. Dear Ms. Carnes: Your Building Permit is being revoked in accordance with Article XIV, Sec. 100-1~2B of Chapt. 100, Code of the Town of Southold, N.Y., for the following reasons: Building Permit No. 1~$6~Z was issued on March 22, 1980, for an inground swimming pool as an accessory use. As such, location was to be in the rear yard area, as applied for. This met the requirements for accessory use under the statute. On July 25, 1980, an amendment was made to this permit to locate swimming pool within the area of a raised deck, this.deck to be an addition to an existing dwelling with'a side yard set back for addition of 3'0". The above amendment ~aspe~mit was made in error. The deck addition to dwelling now becomes a part of the principal building on premises and, as such, th~side yard set back requirement is 15'0" for this property, (Art. III, Sec. 100-31. and. Sec..lO~33).. A Zoning Vlolatio~ now exmsts on the mentioned premises. EDWARD F. HINDERMANN Building & Housing Inspector Boardo peals Town z thold FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Date .../~.~-/~..~.'~......~..../~.. ................... , 19..?...~.. To ../...~.~.....~~ ....... (owner or authorized agent of owner)/ ~0 ~ 7Z~ ~ ~ r ...................... ~..., ...... ~.~..~.,..: ......... ~..~o~. ~ .~ /oo ~/ (address of owner or authorized agent of owner)/ / PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance ~~ .................... Other Applicable Laws, Ordinances'or RegQJations ............................................ at premises hereinafter described in that ~.~.L.~.~.~.~....~Z~4~...,.~.~.. (state character of viol~ion) ,.~.~z.....~d¥...~ ....... d~.~z~......~.r~:...~......~~ · ~m~.~..' ....~.~...~ ~ 7.~....~....~.&. ....................................... ~ ~o,~,o~ o, ~..ro~=.,~.....&.~.~&~ ...... ~..~.~a~c ....... (State section or poroomph o{ opplic*ble Iow, ordinance or YO~ AR/TH[R[FORfi DIR[CTED AND O~D[R[D to comply with the Iow ~nd ~o remedy the ~ o~ ...... ~r~.~.., ~..~ The premise~ to which thi~ ORDfiR TO RfiM[DY VIOkATIO~ refers ore siluoted ot Foilure to remed~ the condition~ o{oresoid ond to comply wi~h ~he opplicoble provisions of mo~ constitute on offense puni~hoble b~ fine or imprisonment or bot~ ~ V~- ~ ~ ~0~ [~o~ / ' Building Inspector BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: Mr. a Mrs. Rabert F. O'Brien RR 1, Box 633, Kerwin Blvd. ~re~port, NY 11944 AM~qE~D NOTICE TO ADJACENT PROPERTY OWNER Mrs. Agnes Koehler 108 Allen Blvd. Farmingc]ale, NY 11735 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 (Variance) (~: ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed~follows: 1445 Bay Shore Road, ~re~port, New York - bounded North by O~'Bri~ w~t by Pipes Cove, South by Koehler and West by Bay Shore P~Dad 3. That the property which is the subject of such Petition is located in the following zoning district: Residential and Aqricultural 4. That by such Petition, the undersigned will request the following relief: permit to Occupy rear yard set back 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sectic~ l~-'~f) ar-,q R~11c ~q~l~ & 100-31 and Bulk Schedule and 100-36 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 ma), then and there examine the same during regular office hours. (516) 765-1809. 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, ne~wspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: .T~lv ] 19R2 ~~_~ ~7~g~ ~'~etit'~/er A~nette Golden Cannes ~/ / P~st (~f'fice Address 1445 Bay Shore Road 6k~:~n_rx~rt: NY 11944 Board of ppeals/ own ol $out old NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Mr. & Mrs. Robert F. O'Brien RR 1, Box 633, Ke:win Blvd ~reenport, NY 11944 Mrs. A~es Koehler 108 Allen Blvd. Farmingdale, NY RECEIPT FOR CERTIFIED MAIL RANCE COVERAGE FROYtOED-- P28 6804437 RECEIPT FOR CEllED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAl. MAIL (See Reverse) -- TOTAL POSTAGE AND FEES STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Lori Jean Wilnau , residing at 146 SoL~d Av6~ue, Jamesport, Nm York , being duly sworn deposes and says that on the 2~d day of JLL[y ,19 82 , 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 Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~attituck ; that said Notices were mailed to each of said persons by (certified) Sworn to before me this 2nd day 9_f July ~A ,19 8--2 Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : : : tO the Board of Appeals of the Town of Southold : TO: Mr. & Mrs. Rabert F. O'Brie~l RR 1, Box 633, Kerwin Blvd. Greenport, NY 11944 NOTICE Mrs. Agnes Koehl~r 108 Allen Blvd. Farmingdale, NY 11735 YOU ARE FLE~F~_B~' 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 (Variance) ( ' .... . ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1445 Bay ,qhara P~ad: C~r~port: Ns Y~rk - botndad North b_v O'Brien. ~ast by Pipes C~v~, South by Koeh~er and West by Bay Sho~e 3. That the property which is the subject of such Petition is located in the following zoning district: Rasidential and A_c~i ~,~1 f~Ira ] 4. That by such Petition, the undersigned will request the following relief: permit to occur/ additian of ~l a~ ~ck with insuf~i~i~n.~, sida yard .~ ha~k 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III, Secticn 100-31 and Bulk S~h~au]~ and .q~.~-ir,~ 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 ma)' then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: I~v ZZ-. 1982 ~etitioner Ar~fett~ Golden C~rnes Post Office Address 1445 Bay_ .qh~ra l~ad Gr~mport, NY 11944 F NAME PROOF OF MAILING OF NOTICE ADDRESS Mr. & Mrs. lqmbert F. O'Bri~ Mrs. Ag~es Koehler RECEIPI~ERT/FIED MAIL NO INSURANCE COVENAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: RR 1, Box 633, Kerwin Blvd Greenport, NY 11944 108 All~ Bl~d. Farmingdale, NY 11735 P28 co6 RECEIPT FOR CERTIFIED MAIL NO INSURANC~ PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO Greenport, ~ 1~44 G~ ~ X T~i .'~:=,,~ Wil,~au , residing at 1 ~ ~.~,~n~ A,7~:~,~c~ .T~mc~c3mrt ~ v~.r~: , being du y sworn, deposes and ~s ~ha~he ~ day of May ,19 82 , 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 Town of Southold; that said Notices were mailed at the United States Post Of- rice at wrath ~-~ ~.k (certified) (registered) mail. Sworn to befOre me this ~/~-'~ Notary Public ; that said Notices were mailed to each of said persons by SHORT ENVIRONHENTAL ASSESSI4EN'I FORi4 ]NSTRUCTION~: ---- (o) In order to answer the questions in this short EAF ii is assumed that the preparer will use. currently available information concernlng project end the likely impacts of the action. It is not expected additional studies~ research or other iavestiga~ions will be undertaken. (b) If any question has been onsuered Yes the project may be s~gnificant and a completed Environmental Assessment Form is necessary. (c) ~f ali questions have been answered No it is likely project is not significant. .. (dj E'nv~ronmental Assessment ' I. W~II project resul't"in o large physical change ' to the projec~ site or physically alter more land? Yes × No than lO acres of ....................... . 2. ~'l~li there be a major change to any unique or · unusual land form found on the site? ....... Yes,× 3. ~'/~ll project alter or have a large'effect on " existing body of water? ..................... , Yps × 4. ~'till project have a potentially large ~mpoc¢ on grounclwa~er quality? ................... .. Yes X'No 5. ~'lill project significantly effect drainage flow on adjacen~ sites? ...................... Yes X No ~. ~'/ill project affect any threatened or endangered plant or animal species? ......... . Yes. x' No 7. ~'lill projec~ result in o major adverse quality? Yes x No O~ air 8. ~'lill projec¢ hove o major effect on visual character o~ the community or scenic views vistas known to,be importon¢ to the community?. 'Yes. x ~. ~'lill pro,eat adversely impact any site or .- structure of historlc~ prehistoric o~ paleontological importance or any si~e designated os o cri~icol environmental area by o local agency9 ............ -.:..-~.,..v.....~.',..~-. Yes.× No 10. ~11 pro~ect hove o me,or effect on exis¢ihg or future recreational opportunitlqs? ......... Yes x No ll. ~gill project result in.mo]or [roffic problems o~ cause o mojo~ effect to ex-isting ~ronsportotion systems? ....................... Yes x No 12. ~'lill pro,eat .regularly cause objectionable odorsI noise~ glare~ vib~ation~ or electrical disturbance as o result of the project's 'lion? ' Yes X No opera .................................... . . . . . 13. ~ill project have on), impact on public heolCh or.sofe¢y? .................................... Yes X No 14. ~'/ill p~oject efface the existing communiCy by directly causing o growth in permanent population of more then 5 perce9~ over o one year period or have o mo)or nega¢ive effiec~ on the character of ~he community or neighborhood? ................................. Yes X No Is there public controversy concerning Che project? ...................................... Yes × No 15. PREPARER'S S]GNATURE REPRESEIIT lNG. Annet~Z~olden Carnes DATE May 18, 1982 (Today's Date) To: Re: Southold Town Board of Appeals Main Road $outhold, NY 11971 Appeal Application of Location of Property: Annette Golden Carnes 1445 Bay Shore Road, Green~ort, Ne~ York (North side Bay Shore Road) Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. Ix] [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. DoE.C. has revic~eedproject and stipulated to allowpooland deck toremain. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, (/Signature pl/ease) W~LLIAM WICKHAM ERiC J. ~RESSLER ABIGAIL A, WICKhAM WlCKHAm, WICKhAM & BRESSIER, P.c. MAIN ROAD~ P,O. BOX 1424 May 24, 1982 Southold Town Board of Appeals ~in Road Southold, NY 11971 Re: variance of Annette Golden Carnes Gentleman: Enclosed please find the following with regard to the above matter: 1) Notice of DJ~apuroval ~rom the Building Inspector 2) Application in triplicate 3) Not~,ce to Adjoining Owners and Affidavit of mailing same 4) Environmental ~sessmmnt Short Form 5) New York State Tidal Wetlands Letter 6) Five copies of the Survey 7) Check in the anoint of $15.00 for filing fee 8) Affidavit of 5~s. Carnes If any additional information is required, please do not hesitate to call my office. Very truly yours, A~N :ljw