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HomeMy WebLinkAbout2339 # TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 2339 Dated September 16, ACTION OF TI-~ ZONING BOARD OF AJ~PEALS OF THE TOWN OF SOUTHOLD To Mrs. William J. Fleming 109 Stewart Avenue Garden City, NY DATE..QQg.~....~3, 1977 1977 Appellant at a meeting of the Zoning Board of Appeals on October 13, 1977 Was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) t~equest for a variance in the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be deuled pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:50 P.M. (E.D.S.T.) upon application of Mrs..William J. Fleming, 109 Stewart Avenue, Garden City, New York for av variance in accordance With the Zoning Ordinance, Article III, Section 100-30 C 2 (a) and Bulk Schedule for permission to con- struct swimming pool with insufficient side yard area and modification of fence requirements. Location of property: Bayberry Road Ext. (Pvt. Rd.), Nassau Point, Cutchogue, New York; Lot 119, Nassau Point Re-Sub. 2. VARIANCE, By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to construct swimming pool with in- sufficient si4e yard and modification of fence requirements, Bay- berry Road Ext., Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Mrs. William J. Fleming, 109 Stewart Avenue, Garden City, New York, be GRANTED permission to construct swimming, pool with insufficient side yard and modification of fence requirements, Lot 119, Bayberry Road Ext. (Pvt. Rd.), Nassau Point, Cutchogue, New York, as applied for, subject to the following condition: The southerly fence must conform to the Ordinance. The locking device on the gate shall remain as is as long as the present occupants use the house. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. ~ECEIVED AND FILED BY THE $OUIHOLD TOWN II/~/? ? _HOLm g.'D~d. DAT~ To~a of Southold LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, October 13, 1977, on the following appeals: 7:35 P.M. (E.D.S.T.) rehearing upon application of Ernest C. Radford a/c Marion D. Fitzsimmons, 69 Westgate Boulevard, Plandome, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: North side Main Road, Orient, New York, bounded on the north by Long Island Sound; east by Woodhollow Properties~ Orient-by-the-Sea Subdivision; south by Main Road; west by other land of appl.icant and Rozawsky. ~ ~' 7:45 P.M. (E.D.S.T.) upon application of Mrs. William J. Fleming, 109 Stewart Avenue, Garden City, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C 2 (a) and Bulk Schedule for permission to con- struct swimmin~g pool with insufficient side yard and modificatio of fence requirements. Location of property: Bayberry Road Est. (Pvt. Rd.), Nassau Point, Cutchogue, New York; Lot 119, Nassau Point Re-Sub. ~ ~ 8:00 P.M. (E.D.S.T) Recessed hearing upon application of Gustav Bartra, Breakwater Road, M~ttituck, New York. 8:15 P.M. (E.D.S.T.) upon application of Athanas Zamphiroff Second Street, New Suffolk, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-118, Article III, Section 100-30, and Bulk Schedule for permission to construct addition with insufficient setback. Location of property: South side Second Street at Main Street, New Suffolk, New York, bounded on the north by Julius Kinczel; east by W. White; south by Main Street; west by Second Street. orabl -leat ute jumping for the ,ur immeditate gr,1 ~enning in 19~3, lea ~ter. He was able to s was Paul Tusek,, of the high spots w~ of Walter Clement on the day we cros · Clement has a fine and steam statior had running for the ~ ~nt of one and all. ~ 1917 American-La operation, compk · d Rozawsky. ~ (E.D.S.T.) uPon~ ~n of Mrs. William J. ~leming, 109 Stewart Avenue, ]-arden City, New York for ai rariance in accordance with thel ~ning Ordinance, Article III, ~ection 100-30 C 2(a) and Bulk Schedule for permission to construct swimming pool with insufficient side yard and modification of fence requirements. Location of )voperty: Bayberry Read Est. (Pvt Rd.), Nassau Point, Cut- cbegue, New York; Lot 119, Nassau Point Re-Sub. ~ 8:00 P.M. (E.D.S.T.) Recessea hearing upon application of Breakwater Gustav ~Bartra, Roa/[, .~ituck, New York. 8:15 P.M. (E.D.S.T.) upon application of Athanas Zam- phiroff, Second Street, New Suffolk, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article XI, Section _ 100-118, ArticlelH Sectinnl~-?0, and Bu~ Schedule ior perm~smon ~t to consiruct addition with in- sufficient setback. Locat/on of property: South side Second -- Street at Makq Street, New Suffolk, New York, bounded on the north by Julius Kinczel; east iby W. White; sontb by Main Street; west by Second Sheet. 8:25 P.M. (E.D.S.T.) upon application of A. Reilly & Sons, Inc. a-c Vernon Ach, Reydon Shores, Sonthold, New York for a variance in accordance with the r' Zoning O~linance, Article III, -- Section 100-30 and Bulk Schedule [¥! for permission to construct ad- dition with insufficient side-yard setback. Location of property: E, 2 Heydon Drive, Soutboid, New ygrk; s.leyk c,~ .L, ot 14~. ~M~p .o~i COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: · ??..~A..~.T..C.:..l).~?: .I~..N. ................. being duly Sworn, sc~/s that . ..H~ .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES. a newspaper published ~xt Greenport. in said county; and that the notice, of which the annexed is a printed copy. has been published in the said Suffolk Weekly Times ~nce in each week, far ~NE weeks successively commencing on the ...?IXTV ................. day of . .Q~..TQ .5~..~. .......... la7.7.· _:' 2-.... ....... Sworn to befpre me~ this ...~. ...... day of ...~..~... 19...?. NANCY IL DOUGLASS C*omm~-~on E~pire~ IK-4~ch 30, 19. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, October 13, 1977, on the following appeals: 7:35 P.M. (E.D.S.T.) re- hearing upon application of Ernest C. Radford a/c Marion D. Fitzsimmons, 69 Westgate Boulevard, Plandome, New York, for a variance in accord- ance with the Zoning Ordi- nance, Article Ill, Section 100- 30 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: North side Main Road, Orient, New York, bounded on the north by Long Island Sound; east by Woodhollow Properties, Ori- ent-by-thc-Sea Subdivision; south by Main Road; west by other land of applicant and Rozawsky. f 7:45 P.M. (E.D.S.T.) upon application of Mrs. William J. Fleming, 109 Stewart Avenue, Garden City, New York for a variance in accordance with the Zoning Ordinance, Article I lII, Section 100-30 C 2(a) and Bulk Schedule for permission to construct swimming pool with insufficient side yard and modification of fence require- ments. Location of property: Bayberry Road Est. (Pv~. Rd.), Nassau Point, Cutchogu,e, New York; Lot 119, Nassau Point Re-Sub. 8:00 P.M. (E.D.S.T.)~ cessed hearing upon applica- tion of Gustav Bartra. Break- water Road, Mattituck, New York. 8:15 P.M. (E.D.S.T.) upon application of Athanas Zam- phiroff, Second Street, New Suffolk, New York (Abigail Wickham, Esq.) for a variance in accordance with the Zoning Ordinance, Article XI, Section 100-118, Article IlL Section 100-30, and Bulk Schedule for permission-to construct addi- · tion with insufficient setback. Location of property: South side Second Street at Main Street, New Suffolk, New York, bounded on the north by 3ulins Kinczel; east by W. White; south by Main Street; west by Second Street. 8:25 P.M. (E.D.S.T.) upon COUNTY OF SUFFOLK STATE OF NEVV YORK Sherley Ketz, being dul'/ sworn, says that she is an 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 Islend Traveler-Watch- man once each week for .............. /. ........................ weeks successively, commencing on the ....... , ................................ day of / ~ '' ;' ...: ...................... ~ ............. , 19..:i.[... Sworn to before me this / day of ', 2 No. 52 1195150 FOlt~ NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FiFe No .................................................................. Date ........................................................ , 19 ....... To k:!i:~...~.'....~ ......... .~.....~.~..?,.~ ~'-~-- 10~ c~~ ~ PLEASE TAKE NOT CE that our a lic tion dated r :~ , 19 ~ / . ~ Y PP ~ ................................................~.., for p~mit ¢o construct ....................... '..~. ............. at t~e premises Ioc~ed ................................... ~..; .............................. Street Map C.[ .............. ~ ........... ~ ...... Block ............................................ Lot ...'...: ........................................ ~me .~ ' ' d · ewJtb and disappr~ed on the following grounds ..................... J ........................ ~ ............ 2~:.L.~.~.~.....5~....L:~:.~ ................................................................................ JUDITH T. TERRY TOWN CLERK P~EGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 September 16, 1977 To: From: Re: to: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Application of Mrs. William J Fleming for a variance-Appeal I have on file in my office notification by certified mail Mr. George Nohe, Bridge L~ne, Nassau Point, Cutchogue, N.Y. Mr. William Mullin, P.O. Box 98, Cutchogue, N.Y. 11935 No.2339 11935 JTT/bn cc:file Judith T. Terry Town Clerk GREAT AMERICAN INDUSTRIES, INC. 7th FLOOR, 645 FIFTH AVENUE, NEW YORK, NEW YORK 10022 TELEPHONE: (212) 758-5230 EXECUTIVE OFFICES: September 12, 1977 Mr. Howard Terry Building Inspector Town of Southold Town Clerks office Southold, N.Y. 11971 Dear Mr. Terry: First of all let me thank you for your letter of August 29th. I am returning herewith the form requeS~ng appeal, as well as the form giving notice to my neighbor, as well as check drawn to the Town Clerk of Southold in the amount of $15. Please note that the title to lot 119 resides in my wife, there- fore, I have made out all the forms in her name. If there is any way in which I can cooperate further with the town, please feel free to let me know. WJF:VW Enc. Sincerely yours, O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c~,C,~' DATE ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ], ~ .~r.aA...wklk&~m..J.,...~.k¢.~k~g ......... of 109 stewart Ave. Name of Appellcmt Street and Number ~.arden City N.Y. ...................................................................................................................... HERESY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ....... .9..2.,3..9..2. .................. DATED Oc~.9..~..e..~....]:.8.......~,9.~.~ .............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Same Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit for Private Swimming Pool, Fence and Deck 1. LOCATION OF THE PROPERTY ..... .B..a.y..b..e...r...r.~....Rd~ Ext. "A" Mop No. Lot No. 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.) Art. III Sec. 100-30 C~2)(a) and Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for K ) A VARIANCE to the Zoning Ordin.ance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (J']6~has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol 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 ~s requested for the reason that 1~mTn ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIP becau~ strict conformance to the 3' set-back requirements would create a problem on the north end of the deck of having inadequate maneuvering room for a motorized wheel chair. I have been fully confined to a wheel chair since August 1946. 2. The hardshipcreatedis UNIQUEand isnotshared by all properties alike in the immediate vicinity of this property and in this use district because of the topography and the irregular shape of 10t 119. The sharp fall off of the land (immediately to the west) does not permit the extension of the deck to the west. If it were not for said fall off the configuration of the deck-and the pool could have been designed differently to provide the necessary maneuvering room. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area is rural and heavily wooded immediately to the north of the deck.The entire area is composed of single family residences and it is our intention to maintain this character. The need for the requested variance has been discussed with Mr. George Nohe (the owner of the land and home on the north side of the property) and Mr. william Mullin (the owner of the land and home on the south side); neither of these gentlemen have voiced any objections to the structure of the deck and the pool as it now stands. COUNTY OF ~/~(~4 1~ Signature Sworn to this ........ [.3 .......~ ................... day of ................ 19 Notary Pubhc (': ''~l~ StateofNeW ~,~''r^~' ~'~o;57s7~ n / BUILDING DEPARTMENT TOWN CLERK'S OFFICE /,, Examined ....................... ~...~ ........... , 19.~.~ ~ pp' ' . ...~ ........................ .................. ~ .j,~ ~ (Building Inspirer) / Date ................................................ , 19 ............ o. This ~pplicotion mu~t ~o complotel~ fillod in b~ t~pewriter or in ink and ~ubmitted in ~riplic~t~ to ~h~ Buildin Inspector, with 3 sete of plans, accurate plot plan to ~ale. Fee according to schedule. b. Plot plan showing I~ation of lot and of buildings on premises, relationship to adjoining premises or public streets areas, and giving a detail~ description of layout ofproperW must be drawn on the diagram which is pan 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 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 whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. ' "' .... ~{ g ' ' John ~lickles ,.~'- ,h (Signature of applicant, or name, if a corporation) b. ............ .................................................................... : ( ,' (Address of applicant) State whether applic~'nt is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Agent o~' Name of owner of premises W'i]_]_'ism J. F'le~-in~ If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. ? Plumber's License No ............ ~ ................................... Electrician's License No .......... 9. ................................ Other Trade's License No ............................................... 1. Location of land on which proposed work will be done. Mop No.: ....~..~..~.s.....~..~. .................... Lot No. 1 1 9 Street and Number ..... ~.~.~r.~.~Z.~.~r...,~...O.,~.,Cl-...~.~.~. ...... .]~..s..s....~.. ....... .C...g:~.o..,~.?.~l~.e. ................................................ Municipality State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisiting use and occupancy ....D..w'..e...]:'.]-..~,n,.~ ............ i ............................................................................................. b. Intended use and occupancy ............ ~s~a~m~e~w~?~a~a~!!~c~:~t~?;~"?~v~e~s~!~~ ....... ,3. Nature of work (check which able): New Building.. ................. Ad n ......~ ..... Alteration ...X....x~... .... Repair .................. Removal .................. Demolition ....................Other Work ....~.~.J:.~.Jr..~g. IgOO.1. ............ ..:. (Description) 7. 30.00 4. Estimated Cost ............................................................ Fee .......................................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ..... .o..~.e. ................ 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 ................................Depth .................... Height ........................ Number of Stories ................................................................................................................ Dimensions of some structure with alterations or additions: Front .................................... Rear ........................... Depth ................................Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front .......... .1.L~.. ..................... Rear ...... 58. ................. Depth ....1.,8.. ................ Height .................... Number of Stories ...... ~. ........................................................................................................ 9. Size of lot: Front ........................................................ Rear .......................................... Depth ................................ 10. Date of Purchase ........................................................Nome of Former Owner ........................................................ 11. Zone or use district in which premises are situated "A" diste 12. Does proposed construction violate any zoning law, ordinance or regulation: ............... ~0 .................................... 13. Will lot be regroded .....~r~$ ................ Will excess fill be removed from premises: ( ) Yes (x) No 14. Name of Owner of premises ....~..:....'-T..:...?..~,e.,,i~...~.~ ............... Address ..C..~.~.9.~1-.9.1~.~ ......... Phone No ....................... Name of Architect .............................................................. Address ................................Phone No ....................... Nome of Contractor ............. ?. ............................................. Address ................................Phone No ....................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions fram property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner IoL See attached plan STATE OF NEW, YQI~K , COUNTY OF ..~.~.Z...]...O...~.~ ............. ........................... ..,J]..O.~..,,l~j,.¢.~l a,~. ....................................... being duly sworn, deposes and says that he is the applicom (Nome of individual signing contracf) above named. He is the ........................................ a,§ezi.i~..o£..~,t~o~, ...................................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application ore true to the best of his knowledge and belief; and thor the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this .................. ................. .................... Notary Pu')lic, . .................~.U.[~'.a ................. County .......................... ~Zl,.'..: ................................................ ~Z ~ ~,~,~..~~ _~,~..~.'..[4. ~'~ture of applicant) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Mrs. William J. Fleming : : to the Board of Appeals of the Town of Southold : TO: NOTICE Mr. George Nohe Bridge Lane Nassau Point Cut~hogue, N.Y. 11935 YOU'RE 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) (Special Exception) (Special Permit) (the following relief: Variance 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Lot 119 Re sub-division Nassau Point ~roperties Bayberry Rd. Ext. Nassau Point, Cutchoque 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential Aqricultura~ 4. That by such Petition, the undersigned will request the following relief: Swimminq Pool with extra wide deck area and special gates. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Art. III Sec. 100-30 C(2)(a) and Bulk Schedule 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner ~/ Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~c~l')/~,,L/ '~;/~ / ~/ // )'-'~c~ , being duly sworn, deposes and says that on the /~ day of ,.~PT~/~D~-7~r~' ,19 '~ ~ , 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 rolLof the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat ~"~ c~ ~) £-~- / ~//~-~ /L/ ~ ~-~/f ; that sa&d .... Notices were maded to each of sa~d persons by (certified) (r~) mail. Sworn t~efo_r~ me this ~ day ~ Notary Public C./ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of Mrs. William J. Fleming to the Board of Appeals of the Town of Southold TO: Mr. William Mullin P.O. Box 98 Cutchogue, N.Y. 11935 NOTICE YOU AR~ HEREBY GIVEN NOTICE: ~)~ 1. That it is tho, intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)l~(Special Exception) (Special Permit) (the following relief: Variance 2. That the property which is the subject of the Petition is located adjacent to your prol)ertv and is des- cribeda~follows: Lot 119 Re sub-division Nassau Point properties- - Bayberry Rd. Ext. Nassau point, Cutchoque 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential Aqricultural 4. That by such Petition, the undersigned will request the following relief: Swimminq ~Pool with extra wide deck area and special gates. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Art. III Sec. 100-30 C(2)(a) and Bulk Schedule 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 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 suqh hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Post Office Address NAME PROOF OF MAILING OF NOTICE ADDRESS RECEIPT,FOR CERTIFIED MAIL--30d (plus postage) ~~STREET AND . P.O., ST AND IP OPilON~L SERVI FOR ADDmONA FEES ~P_T ,RECEIPT 2. ~Wi~With delivery to addressee 0nly :::~:::::::: 6155 ~_ES_~r Show~i~h delivery to addressee 0nly ............ 85 POD Form3800 NO INSURANCE COVERAGE PROVIDED~ NOT FOR INTERNATIONAL MAIL (See other side) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) 1 /~ ~ /~. ,FZ.~'-.,~ ~-~./ ~/~ ~ /[~ .beingdulysworn, depo~andsaysthatonthe /% day of ~ c~E~ ~ ~7~ ,19 ~ ~, deponent mailed a true copy of the Notice set fo~h on the re- vere side hereof, directed to each of the abov~named pe~ons at the addr~ses set opposite thor r~pective name; that t~ addresses set opposite the nam~ of ~id persons are the addresses of said persons as shown on the current ~sessment roll of~he Town of So~old; that ~id Notic~ were mailed at the United Stat~ Post rice at ~~' ~'~/ ~' */~ ; that said Notic~ were mailed to each of said persons by (certified) (r~) mail. Swor~t~b~f~ m~this / ~6tary Public · . ~ ~, ,~ ~s~ Coun~ THE NEW 'ORK BOARD OF FIRE L,~DERWRITERS BU~AU OF ELECTRIC T~ 85 JOHN ST~EEtvI~W~,O~ NEON YORK 10038 April 27, I977 .~pp"~'~o~.~...~fu~ 908898 " THIS CERTIFIES THAT N 334754 W, ~lem!nK, ~be~E ~o~Q~ B~iQ~e Lane, Cu~oh0~ue~ N~s~au ~ T~ T' ~ IstFl. ~2nd ~. outside S, ctlo,, BIoc~ Lo& --,,.~.,.,.~.do. April 2[, 1977 F~X?URR FIX?U~$ OUTLETS ~ECEPTACLES SWITCHES DRYERS FUENACE ~OTORS FUTURE u~d fou~d~o he in complianre~Xith th~ re~ulrements of thi~',Boardi BELL Panelboard/s: !-2cir.70amps. (Swimming Pool) This certificate G,~$~. e~ptia~ce ~t the . ecause ,of unus~I en~~ to have frequent test and/or repairs qualified Tee Pee Electric 125 Rigney St Brentwood, L.I. llTl? TOWN OF SOUTHOLD , Build;ng Department Town Clerks Office 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 Inspector with the following; for new buildings or new use: 1. Final survey of property with accurate location of oil buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal--(S-9 form or equal). 3. Approval of electrical installation from BoaFd of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installations, a certificate of Code compli'ance 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 building~ and "pre-existing" land uses: 1. Accurate survey.of property 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 safety inspection of buildings or premises, or other pertinent formation required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existiag dwelling or land use $5.00 3. Copy of certificate of occupancy $1.00 oP.D~n o~ Town_of -Southold New Bqilding ................ Addition ................ aid or Pre-existing Building ................ Vacant Land .............. Location Of Property .~.B..a.X.b.~.e~.r.?.X~.~..d.~..~.C.~.u..t...c~.h...~.~.u.~.e~..L.:~..~ ................................................................ Owner Or Owners Of Property ...... ~.r..:..W..i...l_]...i.,a..m._..F...1..e...m.~..n.~ ..................................................................... Subdivision ............... .N.~...s..~.~.u.....P..o...i.o.'¢. .................... Lot No....].1.9... Block No ............. House No ............. Permit No. 823.92 ........ Date Of Permit O£.t,18/.~.6~pplicant ..William..Y. la/ni/%E. ............... ...~.. ....... Health Dept. Approval ............................................ Labor Dept. Approval ................................................ \~ Underwriters Approval .............................................. Planning Board Approval ........................................ WILLIAM J. FLEMING 1 5 8 5 A~NE A. FLEMING 109 STEWARD AVB. GARDEN CITy~ N. Y. 11~0 1-108 23, 1977 ,6,10 $5.00 FiVe and 00/100 ................................ MEMOCO for ~ermit 82392 ml-OOr:,&25ql, 5,,, 15a i i: " :,: codes and regulations. ~p or seal) TOWN CLERK 765-3783 Building Dept. P~anning Bd, 765-2660 Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the .... ~]~oa]['~ .0:~. ~;~]~,~ ............. of the town of .... .S.O.U..'~..O.1.~. ................ (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes Mrs. William J. Fleming 109 Stewart Avenue Garden City, NY ................ Special permits X ................ Variances Location of affected land: ..... ,~.{~'.]~..~'...~,~....~..d..~...X..t... (..P..V...t......R..d.....).z....N.~...s..~...a..',.t.....P.t./. C_,o..t...~..h...O.~t~e. within 500 feet of: (check one or more) ................ Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated X Shoreline Comments: The applicant was granted permission tO omit self-latching gate from fence surrounding pool provided the fence met with ~he 2" mesh requirements. The gate does not have to be se[f-closing. Date: ..... OC'I' ,,....1.4 .,....~,9.~ ~. ......... Chairman Date received by Suffolk County Planning Commission .................................................................................... File No ................................. 109 Steward Ave Ga~dcn City L.I., N.Y. Dear Having had a discussion with the Chairman of the Board of Appeals, RE: your swimming pool, fencing and deck, it is his opinion t?~t you should make an application for Variance to cover your requirements. Enclosed are partialy completed application forms and notice to neighbor forms. Please complete them and return same to the Town Clerk together, with a fee if $ 1%.00. Upon receipt of the papers from the Town Clerk they will schedule a hearing for you and notify you of the time ~nd date. Yours truly Luilding Inspecto~ August 1~ 1977 Er. ~.iilliam J. Flemmin~ 109 steak,art Ave Garden City Dear Sir; Your letter of Au~ust 11, 1977 received. ?lease be advised: Bill Schoenwald of Geo. Ahlers office has called RE: your fence~ deck and pool. I have talked ~th the Chairman of the Board of Appeals and they have agreed to stop by your place while on the road Aug 2S to look at the premises and possibly hold a hearing and grant some variance from strict rule interpretRtion iL your case. You can ca~l me after the 2~rd or I will write you as to their decision. Mean while I will hold a~ of your papers and fee for C/O/ Yours truly Sr Building I~spe~or GREAT " AMERICAN INDUSTRIES, INC. 7th FLOOR, 645 FIFTH AVENUE, NEW YORK, NEW YORK 10022 August 11, EXECUTIVE OFFICES: TELEPHONE: (212) 758-5230 1977 Mr. Howard Terry Building Inspector Town of Southold Town Clerk's Office Southold, N.Y. 11971 Dear Mr. Terry: SUBJECT: Building permit %82392 I want to thank you for your letter of May 27th concerning my request for a Certificate of Occupancy in connection with the above building permit. The fence is completed. With regard to the self-closing gate, in view of the fact that Mrs. Fleming is in a wheelchair, the self-closing gate will present a problem. You will note, however, that the latches on the gate permit the use of a lock which would prevent the opening of the gate when no one is living at the house. I understand that Mr. William Schoenwald of George Ahlers, Inc., who installed the fence, will be in touch with you. If there is any additional information you need from me, please let me know. WJF:VW CC: Mr. Wm. Schoenwald Sincerely yours, 109' St, ever Ave O~ten C~.t7 II.Z. 11~.~0 Dear 8~.~ Me reeeive~ you~ ehe~k in amount of oertifiea~e for ivt_~ing pool An lnapeetion va~ made yeeterdayt a~d we find there is no fenee Or self eloling gate installed yet. Please get the required fence installeA and oall fm a rein~peetion ii loon ae possible, [ou~s truly Pond OF SOUTHOLD II {9.5A(C) t~t~~ 2.4A(c) 5 1.2A(c) SEE SEC. NO. 13~ /$ Lag