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HomeMy WebLinkAbout3830 xt'} . Southold down hoard of Appeals ry MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3830: Application for REV. CHARLES BELL for a. Variance to the Zoning Ordinance, Article III-A, Section 100-32A and Bulk Schedule for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Zone District: R-40. Location of Property: 1330 Donna Drive, Mattituck, NY; Lot #32, Deep Hole Creek Estates; County Tax Map District 1000, Section 115, Block 15, Lot 15. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of REV. CHARLES BELL under Appeal No. 3830; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the westerly -side of Donna Drive, in the Hamlet of Mattituck, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 115, Block 15, Lot 15. 2. The subject premises is known and referred to as Subdivision Lot No. 32 on the Map of Deep Hole Creek Estates, Map No. 4256, approved January 28, 1965, contains a total area of 20,467 sq. ft. , road frontage of 180 .07 feet, and average lot depth of 113 . 50 feet, and is improved with a single-family, one-story frame house, all as shown on survey prepared by Roderick VanTuyl, P.C. dated November 20, 1978. Page 2 - Appeal No. 3830 Matter of REV. CHARLES BELL ' Decision Rendered March 16, 1989 3 . By this application, appellant requests a variance from Article III-A, Section 100-32A, and Bulk Schedule of the Zoning Code, for permission to construct new 11 ft. by 16 ft. extension at the southwest section of the rear portion of the existing dwelling, and attached to an existing screened (deck or) porch. 4. Article III-A, Section 100-32-A and Column ii of the Bulk Schedule, of the Zoning Code requires a minimum rearyard setback at 50 feet. Article XXIV, Section 100-244(B) permits a rearyard reduction for a principal structure to 35 feet for lots containing less than 20,000 sq. ft. The subject premises contains a lot area of 20,467 sq. ft. , and therefore is regulated by a 50-foot minimum rearyard required for nonconforming lots containing more than 20,000 sq. ft. but less than 40,000 sq. ft. 5. The closest setbacks of the dwelling with the rear deck, as existed prior to its replacement with the new deck, scales at a setback of approximately 30.5 feet from the rear property line. The setback requested by the proposed 11' by 16' addition, which will be in line with the above-mentioned deck, is 19.5 to 20. 5 feet (average of 20 feet) , depending on the angle. 6. The amount of relief requested by this application- is 30 feet from the current zoning code, effectuated on or about January 22, 1989. The zoning requirement prior to January 22, 1989, required a minimum rear yard setback for a principal structure at not less than 35 feet under Column A of the Bulk Schedule, and Section 100-31. 7 . In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the variance requested is uniquely related to the property and will not alter the essential character of the neighborhood; (c) the variance requested is the minimal necessary to afford relief and is not substantial; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the Page 3- Appeal No. 3830 Matter of REV. CHARLES BELL Decision Rendered March 16, 1989 interests of justice will be served by granting the relief, as applied. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appeal No. 3830 in the Matter of the Application for REV. CHARLES BELL, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Members Doyen and Sawicki were absent. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN FA t J s _..,.. .Zi C 1,5;1 Y F. < p, .a Zi -Y"t:, CZ"T�.t BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson ti0�� riyOlO 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �OQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento OIiYeou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 November 16, 2018 Philip Manning 1330 Donna Drive Mattituck,NY 11952 RE: Request for De Minimus Determination Appeal No. 3830,Bell SCTM No. 1000-115-15-15 Dear Mr. Manning; I am in receipt of your correspondence, dated November 7, 2018, and received November 13, 2018, requesting a de minimus determination in the above referenced Zoning Board of Appeals decision. In your letter, you request a de minimus approval to replace the screens of a screened in, roofed over deck with windows and to support the deck with a more substantial foundation in order to remedy the deteriorated structure and prevent further damage by stormwater runoff. Based upon the information provided, I have determined your request is de minimus in nature because the setback variance relief granted in the 1989 decision(#3830)will not change,the wall dimension of the proposed window areas will not change, and the prior Board did not impose any conditions regarding the construction of the screened in deck. Furthermore,the proposed reconstruction upholds the intent of the original ZBA decision. Please contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter and your request to the Building Department. C3sliie ly, Kan s Weisman Chairperson cc: Michael Verity, Chief Building Inspector November 7, 2018 Ms. Leslie Kanes Weisman RECEIVED Chairperson NOV 13 2C1��54375 Main Rd P.O. Box 1179 ,ZONING BOARD OF APPEALS Southold,NY 11971 Dear Chairperson Weisman, I am writing to ask that the Zoning Board consider a request for a de minimis exception to the requirement for a variance for the following. On April 26, 1990,the Town of Southold Building Department issued a Certificate of Occupancy,#Z-18992,for an addition to the property 1330 Donna Drive, Mattituck.The document states that the CO is issued for"...screen in deck&addition to existing one family dwelling as permitted by ZBA#3830."A copy of the CO is enclosed. In addition, I have enclosed photographs of the addition and screened deck. In March 2018 I purchased the property for my family home and have been issued a building permit for several improvements to the property. One of the improvements proposed was to replace the screens on the deck with windows and to support the deck with a more substantial foundation.When it rains,water comes into the screened area and over time the deck and the supporting structure has deteriorated significantly. Please note that with the proposed improvements the footprint and wall dimension of the screened area will not change and the roof over the area will remain the same. I respectfully request that the and Zoning Board approve this request without the requirement for a full board meeting review. It is my understanding that it is possible that the board has the ability to approve such a request. Thank you for your consideration. Yours truly, Philip Manning 1330 Donna Drive t Mattituck,NY 11952 7 T. { i s i u �" > Ya. e. i ' s 'fa1AY"F��u 9 y �E 1 Y i� A y-. ...:... R .. :: ,:�cwe�pwwa_;:wxa'.xi��+aa •sA4, � I d �i � 4 z ' t a w, ,. . 41 k, a x s J x� kAAML � d F � p� Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI NOTICE OF HEARINGS JAMES DINIZIO, JR. NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 9, 1989, at the following times: 7: 30 p..m. Appl. No. 3826 - GLADYS W. HOWELL. Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure, in this Residential-Office (RO) Zone District. Location of Property: 51470 Main Road, Southold, NY; County Tax Map District 1000, Section 70, Block 2, Lot 2. 7: 35 p.m. Appl. No. 3825 - SUSAN A. FORBES. Variance to the Zoning Ordinance, Article III, Section 100-31, and Article XXIV, Section 100-244 for approval of open deck addition with an insufficient front yard setback. Lot area of premises is nonconforming at approximately 11,300 sq. ft. in this R-80 Zone District. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 7:40 p.m. Appl. No. 33813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances to the Zoning Ordinance, Article III, Section 100-32C and Column iii of the Bulk Schedule,' for permission to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private -Right-of-Way referred to as Private Road 411 (also referred to as Aldrich Lane Extension) , extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. 7:45 p.m. Appl. No. 3828 - ROSEMARY SULLIVAN. Variances to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct 10' by 14' addition (replacing existing deck) with an insufficient rearyard setback and in excess of the maximum 200 lot coverage requirement. Zone District: R-40. Location of Property: 5365 Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 1, Lot 11. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 7:50 p.m., Appl. No. 3823 - THOMAS THOMPSON. Variance to the Zoning Ordinance, Article III, Section 100-32, and Bulk Schedule, for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of the -existing dwelling. Zone District: Agricultural-Conservation (A-C) . Location of Property: 2890 Bridge Lane, Cutchogue, NY; Lot #10 on Map of Ismar Acres (Approved March 13, 1973) ; County Tax Map District 1000, Section 85, Block 2, Lot 22. 7: 55 p.m. Appl. No. 3830 - REV. CHARLES BELL. Variances to the Zoning Ordinance, Article III-A, Section 100-32A, and Bulk Schedule, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Zone District: R-40. Location of Property: 1330 Donna Drive, Mattituck, NY; Lot #32, Deep Hole Creek Estates; County Tax Map District 1000, Section 115, Block 15, Lot 15. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 8:00 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the Zoning Ordinance, Article III-A, Section 100-32A, for approval of swimming pool with fence enclosure in the side yard area. Zone District: R-40. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. 8: 10 p.m. Appl. No. 3824 . - NICK. AND KATIE NICKOLAUS. Variance to the Zoning Ordinance, . Article III , Section 100-33 (previously 100-32) for permission to locate accessory building in an area other than the required rear yard. Zone District: R-80. Location of Property: 17555 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 1, Lot 2. 8:15 p.m. Appl. No. 3811 - RICHARD AND JANET SCHLUMPF. Variances: (a) to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct principal building with an insufficient front yard setback, and (b) pursuant to New York Town Law, Section 280-a for approval of access over private right-of-way referred to as Silkworth Road extending from the east side of Westphalia Avenue (Road) , Mattituck, NY. Zone District: R-40. Location of Property: Lot #1, Map of Point Pleasant; County Tax Map District 1000, Section 113, Block 9, Lot 12. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 8:20 p.m. Appl. No. 3785 - RAYMOND F. NINE, PAMELA NINE AND CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III-A, Section 100-31A(B) for permission to establish "Bed and Breakfast Use," ' an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms, ' in conjunction with owner-occupancy as a single-family dwelling use. .. Location. of. Property: North Side of New Suffolk Avenue;, Mattituck, NY; County Tax Map District 1000, Section. 114, Block 11, Lot 20. Zone District: R-40. 8:30 p.m. Appl. No. 3829 - FRED RENGANESCI and BARBARA REITER as Applicants for a Reversal of a Determination by Building Inspector to Grant Building Permit No. 17508-Z dated October 6, 1988 concerning a proposed "steel building for indoor storage of boats" to be located at premises referred to as "MATT-A-MAR," now or formerly owned by Wickham Road Marina, Inc. Zone District: Marine (M-II) . {Previous Zone District: B-Light Business} . Application was filed citing the Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 prior Zoning Code, Article VI, Sections 100-60 and 100-61, and Article XIV. New Zoning Code citations refer to Sections 100-121 and 100-122, and Article XXVII for the same or similar provisions for this M-II Zone District. Property Location: West Side of Wickham Avenue, Mattituck, NY; County Tax Map District 1000 , Section 114, Block 3, Lot 1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: February 9, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x Copies to the following on or about February 17, 1989: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. Gary Williams, PO Box 1415, Southold, NY 11971 (for Howell) Ms. Susan A. Forbes, Box 802, Orient, NY 11957 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for S. Hills) Mark Finne General Carpentry, 1370 Lighthouse Road, Southold, NY 11971 (for Rosemary Sullivan; for Rev. C. Bell) Mr. Thomas Thompson, 2890 Bridge Lane, Cutchogue, NY 11935 FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . �!.-¢ ,!-� . . . . . . . . ., 19M. . To nqa. .��!':^.A. .'.� .�. . . . . . . . . . �?:y:. . ! �q�. . . . . . . . . . . PLEASE TAKE NOTICE that your application dated �• , . . • . . . ., 19at for permit to cR' a.. 4) 1 5D( .• +L Location of Property � 3.3 Q . .�, c .!'L4 GLu.�. . .%,Q, �, House No. Street _ Hamlet County Tax Map No. 1000 Section . . . . I, . . . . . . . Block . . . 1 S . . . . . . . . Lot .!S. . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following groundscQ¢ PC . . . ''�`'� . . . .�.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of� . � � � � � � � BuildingInspector RV 1/80 Otll-YM { ' TOWN OF SOUTH OLD, NEW YORK ,2 � ` * 0-kI I V t D ­3 �6 APPEAL FROM DECISION OF BUILDING INSPECTOR //-30 APPEAL .NO. . 14- 9 DATE TO THE ZONING BO/A'RD OF APPEALS, TOWN OF 2 1, (We)-''-(�4�.. ��G .. ............. ....of .�✓ �:.. . .. ............................. Name of Appellant Street and Number i ..................................................... �.. ................HEREBY APPEAL TO Municipality tote THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATIONFOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO NCAI�- - a e of A cant for N m pp permit °f 1. � � . O9 � R . .......: . Streetandumber Municipality ate ( ) PERMIT TO USE ( .) PERMIT.FOR OCCUPANCY. 1. LOCATION OF THE PROPERTY ......... (llt nd / .:................................................... Street /Hamlet / Use District on Zoning Map District 1000 Sectiontf� Bl oc4? Lot /5 Current Owner Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section,' Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section /00- 3.. 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( rX A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( &-K A Variance to the Zoning Ordinance is requested for the reason that (,va--j Form zB1 (Continue on other side) REASON FOR APPEAL Continued r 1. STRICT APPLICATION.,O,F THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because J. AW �I i 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district bec.ouse 4-o c,QU--ko tom. Jv � j I I 3. The Variance wiuld observe the spirit of the Ordinance and WOULD. NOT CHANGE THE CHARACTER OF THE DISTRICT because L ZA-p- ,Gp a" 6" 'LG Ae4P �6 i STATE OF NEW YORK ) - COUNTY OF (l�) ss `....... . .......Signature........,........................ Sworn to this ........... . ...(...` lj.............. day of........Fc��K4(A-I.wf. ................. 192 I � Notary Public ELIZA13ETH ANN NEVIL Notary Public,State of New York No.52-8125860,Suffolk Co Term Evires October 31,19n I "r?•� :rCt'��1; :S!', - '•;.�i.; ,.�.'.Lt.�;, SY�- a r 'r.i. ,.a.� t.• .b,' i7.. ,.i'a. ':rf r' �T�- Ai�> ..�"' ,. :-L�: '•i7.,tt. i, r 1.:%..: k 'a ',>;. �' yy =.� l>�%:SLY ! 'y:..,..,^�. i� `+.�• -.�' .•T�.> ..F:: yf R r / \` �`!A: .4 �/T��' .' ' `� �' - TOWN OF SOUTHOLD� .�PROPERTY."RE D � CARD` OWNER . STREET VILLAGE DIST. . ,:SUB. ' LOT .: wC �e :.2- FORMER OWNER _ N E ACR.I� S W TYPE OF BUILDING RES. SEAS. VL FARM COMM. CB. MISC. ' Mkt. Value LAND IMP. TOTAL DATE REMARKS Te Z�. `Q °� ! i! Z' =.F::':U1la/ ��= 0:0 00 �� %1 3 �' � D ... s /��s o/al // boo. alliesr) ea2,?Sf P 00 77a is/ 7� BUILDING CONDITION NEW.... : . NORMAL BELOW ABOVE FARM - Acre Value Per Value i Acre i Tillable 1 llable. 2 Tillable 3 Woodland Swampland " FRONTAGE ON WATER - t , Brushland FRONTAGE ON ROAD House Plot DEPTH s� r ry BULKHEAD A , .Total- DOCK:' ti - C r � j�-_� x�• ;COLOR � 51 J,e I i 1 1 `• t ..• , G �ry TRIM z 7T1 Y t 1 3 1 11 14 T20 M. B . . .? X 3 - /a:G f� Foundation j•�G' Bath Dinette ; Exten i n ; X 3 G = 7� 3 �.��G Basement " `�II Floors ZW— Al K. r/ Extension . 2X G - /1 Ext. Walls Xe4woe`"- Qrlck 'Interior Finish S; /Z, LR. Ex e i n _ �,? d ' .3 j 71S Fire Place` Heat - DR. i . Type Roof Rooms 1st Floor BR. Porch Recreation Roo Rooms 2nd Floo FIN. B. Porch Dormer Breezeway Driveway a: Garage O. B. Total - 63 ,. 'q.i �i' �._ t,:.o' k >t , -.,�, �;Y,v:7; � •�r s � �,• vl., �t.; '9:� ,r � ,v.` r �.,� {- Oil a. 3<:.•.�...s�' t �'..5�_� �- �:1.* Cu..,`L+..��..:<+:•�".iisi; -a7t. ..t �.�x �1 W[` J`(;%5. ;.t < f "'�' >Jctw aYv�1•o;' �_4��r7r:,. R,�"�\. 1 � '�xJ.'5 s:rr �k�I ..1.r"�t l S�•=�1'ke�r jr.a"'.'l,a,,,,,,,,,t��''p_3•t;.r��rG�6+L:t rO ti�, V_., ,v'" k 4 irr Y:}fi r,�.....ntt,.r•.1, �' •'� ti,t� 7 '� �..;. �' a4 ..}t i .,.+.. � ., . ,� ,r• + :��; r: Southold Town Board: of Appeals ........... MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ®( ' TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI March 22, 1989 JAMES DINIZIO,JR. Mark Finne Carpentry, Inc. Lighthouse Road Southold, NY 11971 Re: Appl. No. 3830 - Rev. Charles Bell (Variance) Dear Mark and Pat: Transmitted herewith for your perusal and file is a copy of the Board' s determination recently rendered by the Board of Appeals in the above matter. Copies of this decision have also been furnished to the Building Department Office to update their files. Please be sure to return to the Building Department and other appropriate agencies/departments for other approvals or documents which may be necessary prior to commencing construction activities. Yours very truly, GERARD P. GOEHRINGER RMAN L Lei�a�Ko ski Enclosure Copy of Decision to: Office of the Building Inspectors - lit dA f �1 . .r Ai.' - i♦... fir'� ��'i�`.t ��r� ire- • � �K•Jr .14 is _ I � .�',r1 s .. ��, rt� ✓ .► �' y`,,s. 4,� aii�t !`fir~_ .' ��. � ��f:t T ' � - ram► � � *� - ��., ^ � ,� y I .a i 111 -- : v � lAA 1 IIA f ---""-•�- �- -� it• A i �f _ '=i- �• _„�•�.�. +a'• ,`.yam• _ � `, j � ` {� .)� � � - f , sail zw Ak 131 ■��� Aff g� �I � .. ^ .-.-. ♦.fir .. 1 XaWN OF SOUTH01.0, NEW YORM' DATE ..., U.11y ]:3 s 1972 2 ACTION OF THE ZONING BOARD OF APPEALS' Appeal No. 1596 Dated June 23, 1972 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To P.L. e Walker Appellant .80ter Road Selden, New York at a meeting of the Zoning Board of Appeals on Ju37 13, 1972 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:40 P.M. (E.S.T. )s upon application of George Walker- 2 Charter Road,' Ulden, New York„ - fora variance in accordance with the Zoning Ordinance, Article III, Seotion 301, for permission to divide property and sell as separate lots. Location of property: Lots 32 and 34, Map No.. 4256, Mattituck, New York. Pee paid $15,00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared b all y properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because 3EE REYER SE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 Marjorie McDermott, Secretary Southold Town Board of Appeals After investigation and inspection' the Board finds .that both of these lots which are back to back are approximately 20,000 sq, ft* in size and are on an approved Map, approved by the Planning Board on January 18, 19%, The -roads in the subdivision have not been approved. There are 71 lots in the subdivision. The Board nee no- reason why the applicant should be required to have 40,000 sq. ft, as' lots across the street in part of the same subdivision have 20,000 sq. ft. On Theresa Drive, Nos. 3,3, 122 11 have houses on the lots. The lot to the south of these two lots was sold as a single lot in 1971. The Board agrees with the reasoning of the applicant. The Board finds that . strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and 1n the same use district; and the variance will not change the .character-of `the neighborhood and will obswve the spirit of the Ordinance. THEREFORE IT WAS RESOLVED 'Go orge Walker, - 2 Charter Road, Selden, New York, be GRAIMD permission as applied for "to divide property- and sell as separate lots. Location of prope*tys Lots 32 and 34s. .Map No. 42563 Matt stuck, New York. Vote of the Boards Ayes;_ Messrs: Gillisple, Bergen, Grigonis, Hulse. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Sectionl 267 of the Town Law and the Code of the Town of Southold, COUNTY OF S U F FO L K the following hearings will be STATE OF NEW YORK ss: held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Patricia Wood, being duly sworn, says that she is the Road, Southold, NY 11971, on THURSDAY,MARCH 9, 1989, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, at the following times: a public newspaper printed at Southold, in Suffolk County; 750 p.m. Appl. No. 3823 and that the notice of which the annexed is a printed copy, THOMAS THOMPSON. Variance to the Zoning Ordi- has been published in said Long Island Traveler-Watchman nance, 'Article III;' Section once each week for . . . . . . . . . . . . . . . . . . . . ./ . . . . weeks 100-32, and Bulk Schedule, for approval of existing swimming pool with deck areas which will' successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . have an insufficient rearyard set back when attached by a raised q -deck to the rear of the existing day of . . . . . . . . .. 19 .�./. . dwelling.Zone District:Agricul- tural-Conservation(A-C). Loca- tion of Property: 2890 Bridge.- Lane, Cutchogue, NY; Lot #10 on Map of Ismar Acres (Ap-- proved March 13, 1973);Coun- ty Tax Map District 1000, Sec-. tion 85, Block 2, Lot 22. Sworn to before me this . . . . . . . . . .`. . . . . . . . . . day of [and 55 p.m. Appl. No. 3830 . CHARLES BELL. Vari- �i s to the Zoning Ordinance,, . . . . . . . , 19 . . .�. cle III A, Section 100-32A; Bulk Schedule, for permis, to construct. addition at of existing dwelling with ant fficient rearyard setback. 4y� �,?� i+� . . e District:R-40.Location cA 'i perty: 1330 Donna Drive°, i Notary Public tituck, NY; Lot �t32, DeepBARBARA A. SCHNEIDER e Creek Estates;County Tax N�CTIARY PUBLIC, State of New York p District 1000,Section 115 No.48M46 ck 15, Lot 15. Qualified in Suffolk Coun00 p.m. Appl. No. 3814— . Cwinn,.ission Expires ��i�ry o RYCK KOKE. Variance to the Zoning Ordinance, Article III- A, Section 100-32A, for ap- proval of swimming pool with fence enclosure in the side yard area.Zone District: R-40.Loca= tion of Property: 245 Kimberly Lane, Southold, NY, Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. 8:10 p.m. Appl. No. 3824— NICK AND KATIE NICKO. LAUS. Variance to the Zoning ,D Ordinance, Article III, Section 100-33 (previously 100-32) for, permission to locate accessory building in an area other than 'the required rear yard.Zone Dis- trict: R-80. Location of Proper- ty: 17555 Soundview Avenue, Southold,NY,County Tax Map Distotrict,1000,Section 51,Block,- A Lone uistncc: Property: 5365 Peconic Bay Voulevard, Laurel, NY; County Tax Map District 1000, Section ! 1 to the Zoning.Ordinance,Article lII=::' :'Searon Sl k 1;Lot 2."' Legal N011C®S A;Section 100-32A forpermission: 8:15 p 6ppi. to construct 10' by 14 addition RICHARv AND J A N E T, (teplac-ing existing deck)with an in t'-� SCHLUMPF Variances (a)to the �'� rearyard'setbadcimdmex - NOTICE'OF:BtEAAINGS �. �suffictent ."'�" + NOTIL*B.IS HERBBY GIVEN ;_ �$ 'Zo gOtdmance,'Amcle II - e . cesa o, e maximum 20%lct cover° a iron 100 32A for permission to caa pursuant tA.-Section.267 of the Town x :age requite-atent Zone Drstnct R :1 strati ci . buildin ith an in Law and the Code of'the Town of ''�`'40. Location of'Property: 5365:Kt _: suffici n�frontlyaid setback,,and Southold,the following hearings will .` peeonic;Bay,Boulevard,Laurel,NY; ."_'' pursuant to New York Town Law,;p" beheld by the SOUTHOLD TOWN County;;Tax:Map .District,1000,:: . Section 280-a for approval of access BOARD OF APPEALS at a Regular �= Section 2$ Block 1,Lot'.11 over private right-of-way referred ro as Meeting,at the Southold Town Hall, r 7:50 p.m. Appl No: 3823 ;:Silkworth Road extending from the Main Road,Southold,NY.11971 an=_;''; THOMAS THOMPSON.Variance to=; east side of Westphalia Avenue THURSDAY, MARCH:9;1989,.u .•< the Zoning Ordinance, Article III;`,.. (Road),Mattituck,NY.Zone District: the following times: Section 100-32 and Bulk Schedule, R-40.Location of Lot#1 7:30 m. A 1. No. 3826.— Property: , P• PP for approval k existing swimming- ' Ma of Point Pleasan•.Court Tax GLADYS W.HOWBLL.Variance to `.pool.with deck areas which will have ' Map District 1000, Section. 13 =._ the Zoning Ordinance;Article,VII,;... - an insufficient rearyard setback when.`;::. Block 9,Lot 11 Section 100 71 for approval of'oon attached by a raised deck to the fear of 8:20 p.m. Appl.. No. 3785 — version of existing accessory building the existing dwelling.Zone District:. RAYMOND F. NINE, PAMELA for dwelling use,uotzasory.to the AEriarltuial Conservation(A� : NINE AND CHARLES ZAHRA. main dwelling structure,in this Resr- cation of 2890 Bridge Lane, `:' Special Ex denial-Office(RO)Zone Dis-triex: g pe ' caption to the Zoning Or Location of Property; 51470 Mein Cutchogue,NY;Lot#10-on Map of dinance,Article III-A,Section 100- . Ismar Acres(Approved March 13, = 31A(B)for permission a establish Road, Southold, NY; County Tax 1973); Comity.Tax Map District "Bed and Breakfast Use' an owner Map District 1000,Section 70,Block =1000 2,La 2 Section.85,-B1ork 2,Lot 22 occupied building;other than aliotel , > m.:.A 1 No.:=3830 where lodging 7:35 p.m. Appl. No. 3825 — FAe P PP gmg and breakfast ts..pro 1 SUSAN A.FORBES.Variance to the REV. HARLES BELT•Vanancea vided for not more than six casual Zoning Ordinance,Article III,Section oning Ordinance,Article lII r'. transient roarneis,acid renting of not 100-31,and Article X}QV{Section tion 100-32A, and Bulk snore Than three rooms;in conjune - 100-244 for approval of open deck Schedule,for permission to construct lion.with owner-occupancy as a sin- ;_; addition it rear of existing dwelling- _;, gle-family'dwelling use.Location of addition with-an.insufficient front .:ti -with.sn insufficient and setback P yard setback.Lot area of premises is ten' Property:North Side of New Suffolk Zone Distnce.,R=40. Location of Avenue,Mattituck;NY;County.Tax .nonc ro onforming at appximately per,. 1330 banns ft Drive,Matti- Map District.1000, Section'114, 11,300 sq. : in this R 80 Zone tuck,NY:Lot#32;Deep Hole Creek:. Block 11,Lot 20.Zone District R District Estates; Cow Tax Map"District 40. ty•. 7:40 p.m. Appl. No. 33813 — -1000,Section I15,.Block.l5,Lot 15 8:30 m. A 1. No. 3829 SHELDON BILLS as Trustee for P PP Barterama Corp. Employees Profit °� P•m. AppL.No; 3814 FRED RENGANESCI AND BAR Sharing Trust Variances to the Zan RYCK KOKB'Variance to'the Zen BARA RElTER as Applicants for a ing Ordinance,"Article IN. Section Ang Ordinance,Article III-A;Section Reversal of a Determination by 10032C and,Column iii of the Bulk 100-32A,for approval of swimming„ ; Building Inspector to Grant Building Schedule,for ;Pool with'fence enclosure,in the side _ Permit No.17508-Z dated October 6 permission to reduce }o area:Zone �)t-4o.Lace _ 1988 concern in a proposed "steel side yards to less th''the n:quimd 20 y non of Y 8 P°F Property'245 Kimberly building for indoor...storage of boats'and:25 feet,and less they the total. Southold NY;Paradise B the Ba feet:for both sideyarda,on this 2+ y y'.a ;to tie.located at piamises referred to as Subdivision Lot No.2;,.County Tax -MA :A-MAR,'_now:or formerly 'acre:vacant parcel.Zone District R ' Map District 1000.Section 70,Block ; owned'by.Wickham Road Marina, :. 80. Location of Property"Private Y3 Lot 20 2 Right-of-Way referred to as Private Inc Zone Diatntx.Marine (M In Road#11(also referred tows Aldrich "8.10,pp m Appl. No. 3824 Lane Extension),extending off the : '''MCK.AND ICATIE NICKOLAUS north side of Sound Avenue,Matti Variance to the Zoning Ordinance, Article III Section 100 33;(pre ',r T tuck,NY;County Tax Map District viously;;100 32}for permission to' Thd hardest-working loco,Section 112,Block 1;I,ot.1?� locate accessory bniltlmg in art area clotsifiecis are in Southold Town Planning Board-Ap{i z a other than the regini2d rearyarri 7Mp1e a x ry prwod Set off map March 4,198�,',;v :R180 Location of 13ioperty nYi e Surf olk Times/ _ 7p.m..AppL No. 3828 — 17555 SoundvieW A , r x t rR '.SULLIVAN.Variances venue,Sdtitlipld, '` :Hews-SevieW NY, Catnt TaX'x IVta a I000 . . : -y x. 3,n nz t -� S® told Tow MAIN ROAD - STATE ROAD 25 S❑UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - March 9, 1989 Copies to the following on or about 2/17/89 (continued) : Rudolph H. Bruer, Esq. , Main Road, Southold, NY 11971 (for R. Koke) Mr. and Mrs. Nick Nickolaus, 30 Buttonwood Drive, Dix Hills, NY 11746 Southold Pools, Inc. , Box 539, Southold, NY 11971 (for Nickolaus) Karen J. Stretz, Esq. , Wickham, Wickham & Bressler, P.C. , Main Road, Box 1424, Mattituck, NY 11952 (for Schlumpf) Daniel C. Ross, Esq. or Eric J. Bressler, Esq. , Wickham, Wickham and Bressler, P.C. , Main Road, Box 1424, Mattituck 11952 (for Nine and Zahra) Mr. Raymond F. Nine, New Suffolk Avenue, Mattituck 11952 Ms. Pamela Nine, New Suffolk Avenue, Mattituck 11952 Mr. Charles Zahra, Box 1137, Mattituck, NY 11952 Mr. and Mrs. John DeReeder, New Suffolk Ave, Mattituck 11952 Harold and Ernest Wilsberg, Box 1429, Mattituck 11952 (as adjacent property owners) . Daniel C. Ross, Esq. , Wickham, Wickham & Bressler, P.C. , Main .. Road, P.O. -Box 1424., - Mattituck,-..NY 11952. (for Renganesci and Reiter) in the Matter of Matt-A-Mar Permit ff17508Z Wickham- Road Marina, Inc. c/o Marr-A-Mar Marina P.O. Box 1235, Mattituck, NY 11952 Matt-A-Mar Marina, Box 1235, Mattituck, NY 11952 Mr. Victor Lessard, Principal Building Inspector James A. Schondebare, Town Attorney Robert H. Berntsson, Assistant Town Attorney OtF;ridi'f' RAC � �� Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: February 14, 1989 Transmitted herewith is Zoning Appeal No. 3830 application of Reve Charles Bell for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval 'from the Building Department; survey of property; and any other attachments relative to this application. • Judith T. Terry Cnvi+hnlH Tnwn ril w-ie �O�U���L�V�G = �11: Southold Town Board of F.� Appeals 6J� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD March 9 , 1989 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. S.E.Q.R.A. SERGE DOYEN, JR.JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION JAMES DINIZIO, JR. Notice of Determination of Non-Significance APPEAL NO. : 3830 PROJECT NAME: REV. CHARLES BELL This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 .of the Town of Southold. This board determines the within project not to. have a sigAifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct"addition at rear of existing dwelling with an insufficient rearyard setback. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 1330 Donna Drive, Mattituc_k, NY 1000-115-15-15 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals,, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. me .14.16.4 0871—Text 12 ` PROJECT I.D.NUMBER 617.21 r SCAR Appendix c State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 AP LICANT/SPON OR 2. OJECT NAME 3. PROJECT LOCATIQN;� � c Municipality �`��1 ,,ry}a �,Yll County 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or pr i map) GJI �a 5. IS PROPOSED ACTIIO,N- • ❑New L�fExpanslon ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 10,414 7. AMOUNT OF LAND AFFECTED: Initially Ao z!/a 4itea- same Ultimately memo 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes (D10 If No,describe briefly t' 9. WHAT I PRESENT LAND USE IN VICINITY OF PROJECT? esidential ❑Industrial Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)?? ❑Yes LKNo If yes,list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No If yes, list agency name and permit/approval 12. AS A RESULT OF PRSJPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE J r Applicant/sponsor name: Date: Signature: l If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be a:ade by this Board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is- assumed that the prenarer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment ' 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _Yes 2. Will there be a major change to any unique or unusual land form on the site? .• Yes C/No 3. Will project alter or have a large effect on an existing body of water? _Yes _No 4. Will project have a potentially large- impact on groundwater quality? / _Yes ENO 5. Will project significantly effect drainage flow on adjacent sites? - Yes CiNo 6. Will project affect any threatened or endangered plant or animal species? _Yes _No 7. Will project result in a major adverse effect on air quality? _Yes __Vo 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas / known to be important to the community? _Yes LI O ' 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological' importance or any site designated as a critical envircnmental area by a local agency? _YesNo 10. Will project have a major effect on existing or future recreational opportunities? � Yes �No 11. Will project result in major traffic problems or cause a major effect to existing transportation L� systems? . _Yes _No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- / ance as a result of the projects operation? Yes v No 13. Will project have any impact on public health or safety? _Yes __No 14. Will project affect the existing community by directly causing a growth in permanent popula- tio n of more than 5 percent over a one-year Yes !/ period or have a major negative effect on the No character of the community or neighborhood? 15. Is there public controversy c er n the project? g 9� _Yes No Preparer's Signature: ���'Y` Representing: �/ ��' ' /l✓ ZBA V/75 QUESTIO71NAIRE TO 3E COMPLETED AND SUB:ITTTED LdTII 'iyUR APPLICATLO:J 1•'O:?i-IS TO THE BOARD OU APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to anv questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes arlo� b)Are there any areas open to a waterway without bulkhead? Yes d"5 3. Are there existing structures at or below ground level, such as patios , foundations, etc? Yes 90 4. Are there any existing or proposed fences, concrete barriers , decks, etc? Yes 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:. . . ft. Yes 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes_�. State Permit # and Nature: 9. Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes Town Board Yes Town Trustees Yes County Health Department Yeso Village of Greenport Yes (ID:b N.Y.S.D.E.C. Yes (9b> Other Yes <V& 10. Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers and conditions of sale. (from contract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have . you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes 13. Please list present use or operations conducted upon the subject property at this time , and proposed Please submit photograp s for the recora. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my/ application. Signature (Property Owner) Autnorized/Age ) 1/88 WETLANDS (Amended 8-26-7t; by L.L. ,yv. '2.1 t)76, .2-'26- - 85 I,y L.L. No. r A. TIDAL IVJFTLANDS: (1) All lands Kenernlly covered or intermittently cov- ered with,or"which border on, ticlal waters, or kinds lying beneath tidal waters, which at mean low tide are covered by tidal watery to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps. meaclotvv, flats or other low lying lands subject to tidal action: (2) All banks, bogs, nuadows, flats and tidal marsh subject to such tides anci upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordKrass, hikh bush, cattails, groundsel, marshmalluw and low march cordgrass;and/or (3) All land immediately adjacent to a ticlal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet land,"as defined in Subsection 13(1)and lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwrtter wetland." a ( 9705 1 BOARD OF APPEALS, TOWN OF SOUTHOLD n the Ma� er or the Pe iti of .c NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request, aria } (Special Exception) (Special Permit) (Other) [circle choice] _ 2. That the pr perty hich is the s bje t of the Petition is located adjacent to your property and is des- cribed as follows: /A-n-` is~ XgJ1, �.�- fe-t- fS" 3. That the property which is th su \ject of such Petition is located in the following zoning district: T 1 7v Lc 4. That by such Petition, the undersigned will request the follo ing relief:/_&,& e,a, Y' C(A 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Z Section 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7f 5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear andbe rheard at such hearing. Dated: Petitioner Owners Names : ` �.�J L�LCc���✓� o� Post Office Address /33d /IJ D__ Tel No . ( �/� ) oZ�d'— �c137 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS f 1IV STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Q residing at aac being duly sworn, ddposes and says that on the 1 day of 4"yU&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 roll of the T wn of Southold;that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by ("cer tified registered) mail. , Sworn to before me this da of 1 ELfZp►8 �11e1ME�li Note rryy Public,State of New�York( Termti vi es October 31,Suffolk 1AS M Term Exp (This side does not have to be completed on form transmitted to .adjoining property owners . ) i f clua-.20 Soo § 100-243 SOUTHOLD CODE § 100-244 § 100-244 ZONING § 100-250 § 100-243. Nonconforming buildings with nonconforming uses. Lot Yard Area Width Depth Front Side l;,ith Sides Rear A. A nonconforming building containing a nonconforming use (square feet) Coverage (feet) (feet) (feet) (feet) (feet) (feet) shall not be enlarged, reconstructed or structurally altered or 20,000 20% 120 140 40 15 35 50 moved unless the use of such building is changed to a 40,000 conforming use. Less than 20% so 100 35 15 25 35 20,000 B. A nonconforming building containing a nonconforming use C. In the case of single and separate ownership of a nonconform- which has been damaged by fire or other causes to the extent ing lot located in a subdivision plat, approved after April 9, of more than fifty percent (5096) of its fair value shall not be �� 1957,by the Planning Board of the Town of Southold and filed repaired or rebuilt unless the use of such building is changed with the County Clerk of Suffolk County, relief for all front, to a conforming use. side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally filed with the County Clerk of Suffolk County. § 100-244. Nonconforming lots. A. This subsection is intended to provide minimum standards for § 100-245. Repairs and maintenance. granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Notwithstanding any of the foregoing regulations, nothing in this Article and that were singly and separately owned as of the Article shall be deemed to prevent normal maintenance and repair of effective date of this Article. any building or the carrying out upon the issuance of a building B. A nonconforming lot separately owned and not adjoining any permit of major structural alterations or demolitions necessary in the interest of public safety. lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, § 100-246. Involuntary moves. or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this Sections 100-241A and B and § 100-243A, herein are not intended chapter, provided that proof of such separate ownership is to apply to involuntary movements of uses or structures as a result of submitted in the form of an abstract of title showing the condemnation actions or other litigation. changes of title to said lot, which abstract shall be in the usual form,shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly ARTICLE XXV licensed to examine and ensure title to real property in Suffolk Site Plan Approval County and shall contain a certification that no contiguous [Added 1-10-89 by L.L. No. 1-19891 property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such § 100-250. Purpose. lot shall be granted relief for front side and rear yard dimensions as follows: The purpose of this Article is to standardize procedure for review of site plans and requirements for site plan applications regardless of district. 10144 2-25-89 10145 2-25-89 R R-80 I A—C Md� E W lA A,, ' r5 E WI K d i f s W R-80 n " CONY I. .._ 4 AO i I I fr A R-80 T P'KE 3 m LB k ' 4 RMKL A—C - i R 80 Loge - �: it : o r rr ,r +a HD40 ' —80 A 0 0 P' O / O J f V �p gnS 4 r. ARD ST,�� Y r DOMYIs I � Creek A-C Rdn±±�OD AN �Fw IS Creek k0if qbE�� 4 J� ~� C �J .Z (66 1 ,r Z 10 23.8A(c) ' G REENPORT 29.0A(cl a 11 �. 12' ,. n• l4 r1 11 T(TU�K F m roM AT ° ° �� x o 0 •0 2 L3 , AO 10 'S ,•19 a Ira, t0 10 9 S _ .9 IO LIA(c) CS Ci. a q =a J J 7.3A(ei IV 33.4 A(e) 24.0 A (EI ',.. .•^ten ® Z s � ryry � � Ci J' Y 'w —.�_-.. SOS• 2025 ., t�kr 24- 2S' ra - 0,1 CD S , S C 1 C - of - 'COUNTY.OF _ s 26 , 6 e .SUFFOLK ': li':, 13 a 2631 w 28 i B.n• '-'- O a• 'IIt .� Y 295 a. ..e .. 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LINE _ ._—_. - 'f• - ,,L•Y.1'.. 14 _ MATCH = ;-- x: LINE \MSTCM� LINE 1 SEE SEC NO 123 _ IS 14 ID 12 KEY MAP © COUNTY OF SUFFOLK TOwHOF SOUTHOLD _ SECTI goo 0 — — — -�°° °` SCALE IN rLE1 Agency Real Property Tax Service Agen VILLAGE OF I=' ' IN ua m County. Center DISTRICTHO_IOOO lr 4'r'.'•-: Riverhead, L. L, New York De,,.IceTd.x.a, P 4PE �o��FFo��oG o y Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. R913ERT d. 99d96A88 JOSEPH H. SAWICKI MEMORANDUM FOR THE FILE Matter of Richard A. Schlumpf 1000-113-94_16� /Z Frontyard Variance Request for New Dwelling Spoke with Gail Wickham concerning her inquiry for 280-A status (which was not included on the Notice of Disapproval) and our inquiry concerning the 1974 lot split from 1+_ acre into two half-acre lots. Gail said she would look into the history of the split and get back to our office with the information needed. (The Assessors records show this parcel to be a part of premises owned by the Issems by deed dated 1/26/72 at Liber 7113 Page 547and a lot split by deeds made during 1974. ) 9/14/88 9:45 a.m. d -L AILS' - - So �hold Town hoard ofAppeals 'y ` '' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN September 26 , 1988 CHARLES GRIGONIS,JR. SERGE DOYEN,JR. JOSEPH H.SAWICKI Karen J. Stretz, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952 Re: Appl. for Variance - Richard & Janet Schlumpf 1000-113-9-12 (&16) - Prior Owners: Mr. and Mrs. R. Issem Dear Ms. Stretz: Returned herewith are the above documents which we understand you are considering for resubmission, requesting approval under New York Town Law, . Section 280-a (over Silkworth Road) . As mentioned today, notices to the adjacent property owners are necessary concerning the 280-a request. When submitting the application, with amendments, please include: (a) copies of any Certificates of Occupancy of record, (b) title report prepared by a licensed title insurance company certifying the period of time the lot has been held in single and separate ownership, (c) three maps showing the legal right-of-way and traveled portions thereof which are to be under consideration for 280-a. In reviewing Town records, it appears that the property is shown on the 1916. ,-Map of Point Pleasant, which has not been included on the List of Excepted Subdivisions (Section 100-13 ) of the Zoning Code, and was split into two one-half acre (+-) lots during 1974 and during the period of one-acre zoning. Yours very truly, GERARD P. GOEHRINGER lk CHAIRMAN Enclosures cc: James A. Schondebare, Town Attorney FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . . . . . . . . . . . . . .. 19 To . . . . . , � • • . . PLEASE TAKE NOTICE that your application dated . . . . . . . . . ., 19 r"RGio. 4 for permit to . / �-J . . . . . . . . at Location of Property t� J�_. . . . . . . . . . . . . .. ",W r .A l W,0 House No. Street Ham/et County Tax Map No. 1000 Section . . ././.,5. . . . . Block . . . . . t'' . . . . . . . Lot 2 . . . . . . . Subdivision/ ,� ,e,,j0-,lpp Filed Ma No. . . . . . Lot No. . . . . . .•. . . . . . . . . . is returned herewith and disapproved on the following grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� . . . . . . ..� . . . . . .. . .. , . . . . . . . . . . . Building Inspector RV 1/80 J..'iv�:_- •�.' .YI"'t !:. j.'•.;.: :}., it i xr,.' 1' �.; . ',I•� v. !.�•' � .�i, �'�'� Ott TOWN OF SOUTHOLD PROPERTY. RECORD 0 0 0 ii3 . CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. . S .is>,;_ A W / ; W �'r TYPE OF BUILDING . , NO 9 ` t p 0 rt:d t RES. _. SEAS. VL. �'. ` FARM < ;: COMM. CB.- MISC. Mkt. Value LAND IMP. TOTAL, DATE. REMARKS r? 2143163 . poi /1 130Q0 a L 770Z / eo? SOLD.�O 000 } I.sS� _f- krF• T R• SeNL ►,MfE w-W of ,� 3a.p O AGE BUILDING CONDITION NORMAL=, ; _ BELOW. ABOVE FARM Acre Value Per Value Acre . Tillable Tillable: '2 ` :,Tillable 3 �`Woodland r Swampland FRONTAGE ON WATER Brushland;, a' r ' ,;., FRONTAGE ON ROAD House Plotr`7` n: - DEPTH BULKHEAD (At"♦ ��' 'j'P�Ft� a` 1 v_,•`"',.;,1 7"'' S1• - ��: rY' ��i's*'ir•'2+1;r_ •"'�� .`� '.>.� .1. y 4 r t l-r •L• , TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER. STREET VILLAGE DIST. SUB. LOT �� �✓ ASS e d l•' pV /Piq /�%�i %d j �- FORMER OWNER N E ACR. S W TYPE OF B JILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS (^.. /� �� - ,/ •'t,.' ..e '..7.+r ear / /� �l,I l'�f/ SSE /o �, ..7�JrZ S,960 y4 Z 7 3/30 77 . 13L D Pe '17 2- 731D Nt w Pv7 D►v el 7,9 Tillable FRONTAGE ON WATER Ir Woodland FRONTAGE ON ROAD T Meadowland DEPTH 123.2 House Plot BULKHEAD Total ,k .. iflalr:•.i••1:�.r, f ; im r. 8f1�• �iy \,,cw�J * , 't; ,,• it ,� �•y�!� t q �"��� ' i.J'f�'-�•�e" ®■■■e■■■■■■■■■®■■■®®®®®®®®®�■ rX 54., ;.,�� , ►, ■■■■■■■■■Boil■■�■el !�O!ll�li®DONE■ •.• ,,;=�.'ea4►-- '® - '.,.:•... .,e-::xr °-fir ®®■■e■®■®■■■■■■■■®I ■■■�®®■�®®® so ®■1■■�■■■■■■®■■■■■■IiA■■F ■Nil■■■ - ■■■■■■■■■■■■■■■■®®l0■f�`�■■■®NEON■ ■■■■■■■■■■■■■■■■■I E■■■■■■■NEON oil • M®M .. ,Interior.Finish ® IFire Place .. . . ® _71111• .. . . FloorRooms 2nd Recreation Room • ® .. iii iml �\ f C Z.- ell .1 SEE ,AT OF TOWN OF SOUTHOLD 153.7 A Id 1d L100 AW N, AB I�v m \19 rao pyr N SEC SEC. No 141 VID. %DDLE IL -Z OR 2.1 < TO ,09, 367 KEY COUNTY OF SUFFOLK T— CTIC. (D C LF L.g—d Real Property Tax Service Agency VILLA�LOL 113 Cly Ce.W 1.000 ---- i-- ,_ " Ri-6..d L.I.,NewY.rk PROPERTY MTP 7 7 i TOWN OF SOUTHOLD, NEW Y( APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE t.=11...15.,...19��.: TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, XVM Richard A. Schlumpf• . ,..••. of •,241„Wi,l,lets„Lane Name of Appellant *"*"**"**"* Street and Number ....Wes.t I s.1.iB..................................................................... ........tiew..Y.ark.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON FOR BuiIdin Permit APPLICATION FOR PERMIT M. ....................9........... ... DATED .... l�l�..:... .. �,.�.1. ��............ WHEREBY THE BUILDING INSPECTOR DENIED TO R i,ch,�Gd..Q,...Sch.lumpf...and...lanet...l_ .Sch.lLm{�.f Name of Applicant for permit of 241 Wi 1 lettses Y ...................................Lane.:.....1.J.....>...l.s J. .v.......�1s~w....Rrk........................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) . PERMIT FOR OCCUPANCY ( X) PERMIT TO BUILD section 1. LOCATION OF THE PROPERTY of...S.i.I1w0.r.th..Rd-••Hamlet��P..Ike%Maltituck/.A-.RLesJ4.en.t.: Agr i cu 1- Street / / Use District on Zoning Mop tura 1 District 1000 Section 11361ock g Lot .12 Current Owner Richard A. Schlumpf & Janet J . .............................................................................. _ Map No. 720 Lot No. 1 Prior Owner ���filumpf Ra,omeRd K. . I sse• 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 ::T4 Section /b� - -3 / 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal X►Sd§O (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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning.Ordinance is requested for the reason that the appl icant wishes to bui Id a two story wood frame dwelling on a corner as shown on the attached survey by Richard A. Schlumpf with an insufficient front yard on one of the two front yards. Form ZBl (Continue on other side) . .,� s��.�::''��+�,••�y'',,��t;tip• •� ':.�:�_: � t `+b?'�ttr�:a;, #SEASON FOR APPEAL Continued `1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the lot is technically a corner lot by virtue of a private unused right of way along the westerly boundary, but its long and narrow shape mslkes the construction of a reasonable sized house impossible if the 35 foot front yard set back along the right of way is provided. The lot width at the building line is approximately 8 5. 97fL"eet, and the house width is approximately 6 1 . 4 feet, with approximately 1 ,900 square feet on each floor. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this lot is the only corner lot of its size in the area. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed set. back on the west side is in keeping with the set-backs of the residence to the East and because the right of way will provide a buffer and a visual set back with respect to the property on the opposite side of the right of way. STATE OF NEW YORK ss .................................. COUNTY OF SUFFOLK ) UMP re RICHARD A SCHLUMP Sworn to this .........15th............................. day of.....ARr.i..l........................................... 1988 .....................................D. .. ................... Notary Public "Myrak soft at t+tawyft aw"W in nDO sic 2i.'ie�� y LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J.BRESSLER ABIGAIL A.WICKHAM 516-298-8353 5I6-298-5300 DANIEL C.ROSS KAREN J.STRETZ August 29, 1988 Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Application for Variance for Richard A. Schlumpf Gentlemen: Enclosed are the following in connection with the above application: 1. Notice of Disapproval, 2. Application in triplicate, 3. Short Environmental Assessment form, 4. Original Notice to Adjoining Owners with Affidavit of Service thereon, 5. Four (4) prints of the survey, 6. Zoning Board of Appeals questionnaire, 7. Photographs of the property,. 8. Check in the amount of $150.00, representing the application fee, 9. Authorization by Janet J. Schlumpf, 10. Copy of deed, 11. Copy of letter of nonjurisdiction from Department of Environmental Conservation, 12. Copies of Town Trustees permit, D.E.C. permit, Town Board permit, and Department of the Army Corps of Engineers permit for the existing catwalk, ramp, and floating pier. If you require any further information, please contact us as soon as possible. Very truly yours, Karen J. Stietz KJS:amm enc. 5; outhold Town<� Boardof Appen ds MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3317 Application Bated TO: Rudolph . H . . Bruer, . Esq . as Attorney [Appellant (s) ] for MR . THOMAS PERILLO Main ' Road Southold , NY 11971 At a Meeting of. the Zoning Board of Appeals held on February 14 , 1985 , the above appeal was considered , and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 and Bulk Schedule . . . :. J. ]'. Request. for. Upon application for THOMAS 'PERILLO , c/o Rudolph H . Bruer , Esq . , Main Road , Southold, NY for a.' ariance to the Zoning Ordinance , Article III , Section 100-31 for approval of insufficient area and width of parcels in this proposed division of land located at Silkworth Road and Home Pike , Mattituck , NY ; District 1000 ,. Section 114 , Block 1 , Lot 7 WHEREAS , the public hearing on the appeal application of THOMAS PERILLO , Appeal No . 3317 , was held on February 14 , 1985 , and all_— testimony from said hearing have _been taken into consideration by each board member .in making these findings and determination ; WHEREAS , at said hearing , there was no opposition given in the record ; and WHEREAS , each of the board members have viewed and are familiar with the premises in question and its surrounding area; and WHEREAS , 'the board made the following findings of fact and determination : 1 . The property in question is located in the "A-80 " Residential and Agricultural Zoning District ; 2 . The property in question is identified on the Suffolk County Tax Map as District 1000 , Section 114, Block 1 , Lot 7 , and is shown on survey map dated May 30 , 1984 as vacant property of a total of 3 . 1974 acres ; 3. Article III , Section 100-31 , and Bulk Schedule of the Zoning Code, requires a minimum area of 80 ,000 sq . ft . and minimum lot width of 175 feet for each pro.posed parcel of land established subsequent to June 10 , 1983 (date effectuated ) ; 4. Parcel #1 is proposed to be 1 . 5323 acres (66 , 746± sq . ft . ) consisting of Part of Lot 19 , and 20 of a former 1916 subdivision (CONTINUED ON PAGE TWO ) DATED: February 20 , 1985 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) n Page 2 - Appeal No . 3317 Matter of THOMAS PERILLO Decision Rendered February 14 , 1985 of " Point Pleasant , " having frontage along Home Pike Road of 144 . 20± feet and an average lot width of 248 . 10 feet , with frontage along Darby ' s Branch of Mattituck Creek of 352± feet (along a tie line ) . 5 . Parcel #2 is proposed to be 1 . 6651 acres (72 , 531 sq . ft . ) consisting of Lots 17 , 18 , and part of 19 of the former subdivision of 1916 of "Point Pleasant , " and having frontage along Home Pike Road of 80± feet and an average lot width of 150± feet with frontage along Darby ' s Branch of Mattituck Creek of 260± feet (see survey dated May 30 , 1984 ) . 6 . In viewing the area , the board finds : (a ) the neighboring parcels to the west to be of a size similar or smaller than that proposed by this application , varying from 44 ,000 sq . ft . and greater for area , and from 80 ' lot width and greater ; (b ) the relief is the minimal available under the .circumstances . 7 . The right-of-way in question is private and is pending acceptance by this board as to anticipated improvements in accordance with the September 30 , 1982 decision of this board under Appeal No . 3025 , pursuant to New York Town Law , Section 280-A. In considering this appeal , the board also finds : 1 . That the relief requested is minimal ; 2 . That this proposal is consistent with those parcels generally existing in the surrounding neighborhood ; 3 . That there will be no effect on population density and thereby will not effect. available governmental facilities ; 4. That there is no substantial change in the character of this area or a substantial detriment to adjoining properties ; 5 . That the circumstances are unique; 6 . That the relief requested cannot be obviated by another method feasible to appellant other than a variance ; 7 . That in view of the manner in which. the difficulties arose , justice will be served by allowing the variance , as conditionally noted below . NOW , THEREFORE , on motion by Mr. Goehringer , seconded by Mr . Grigonis , it was RESOLVED , that the relief requested under Appeal No . 3317 in the Matter of THOMAS PERILLO as shown on survey dated May 30 , 1984 ) , BE AND HEREBY 'IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1 . That there be no further lot size reductions (no further division ) ; 2 . New York Town Law , -Section 280-A , concerning conditions as imposed by this board involving the subject right-of-ways , extending from Westphalia Road and along premises of the applicant , as follows : (a ) Commencing from Westphalia Road and extending along the premises in question : [1 ] a minimum width of 15 feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend so as to afford access for .emergency vehicles . Such stone blend may be either applied to the ground surface and shaped , or the surface may be excavated to permit the application of packed blend to a depth of two inches ; (b ) Commencing from Silkworth Road and extending along the premises in question : [1 ] a .minimum width of 15 feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles . Such stone blend may be either applied to the ground surface and shaped , or the surface •Page 3 Appeal No . ('17 Matter of THOMAS PERILLO Decision Rendered February 14 , 1985 shall be excavated to permit the application of packed blend to a depth of four inches ; (c ) Where the terrain of the land over which such access roads are traversed is such that drainage problems may occur , the applicant and/or owners shall be required to construct such drainage facilities as may, be recommended by this board; (d ) That this access road must be maintained at all times in good satisfactory condition as stipulated above for . access by emergency vehicles ; (e ) That this access road be approved , after notification , by the Board of Appeals as to meeting the above requirements . 7 . Location of Property : Silkworth Road and Home Pike Road , Mattituck , NY ; 1000-114-1 -7 . . Vote of the Board : Ayes : Messrs . Goehringer ; Doyen , ..Grigonis , Douglass -and Sawicki . This resolution was adopted by unanimous vote of all the members . y' 1 k GERARD P . GOEHRINGER , CH RMAN February..20 , 1985 r ---------------- noW or .: 1'• ' ��C/ �,0 3.73°47'gp�F formerly Pe. 0 o a o \i �Oj o� S \ - \��psi A •\ •� \ Z 0 9 9AC. .•,;y li �G ti� 0 C4� P� C � `°t2o O c" aa2Q �.m. o OZ�5 Y ' N ' Z } 7 MO T N / tih MIDDLE ROP . LOCATION MAP 0� ���Q�a /CALF-I"•ACC °� y P i ns ,�• j s�A 9'°jL 00, orf m o a6 I.TOTAL AREA= 3.1974 ACRES 7� 5' 7 M=MONUMENT &SUFFOLK COUNTY TAX MAP DISTIDDD SECTJILBLKlLLOT_9.L s• 4.LOT NOS. REFER TO"MAP OF POI �'s 1 AS FILED IN THE OFFICE OF TH SUFFOLK COUNTY, SOUTHOLD E Q MAY IT,1916 AS MAP NO.T?O MAT LIATCH Z 0NE— FOR SEF 1E E SE.- -.1 0) DIOCESE OF LONG ISLAND 6 D Ul T.a A(c) 6 N 1-4 or SOVI-OLD SEE SEC NO. 139 SEE SEC. Na 139 0 91,111 3.5; C, TO 4 OF SOUTHOLD 25AW 1. aaa 7A1.1 153.7 A(c) C. -P 1p L jo SEE SEC NO 140 I�c N1. c 44j zo 45 -90 c>, 0 4 1@0 314 4 fc, 0. J M 0 SEE SEC. NO 141 ............ ..... 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I],I NET IIr 'l�•L_' —_-- — © COUNTY OF SUFFOLK TD.N aI=SOUTHOLD ICCTRJM]so, »- el" LI.i1 _ _--L- w. O k.IN D:..,r;�. e]'.ke»ID�rr:oLw --- D..x:,ru» r..aH.. Real Property--SCH—. L_.D�m,p Lb. 0 0.N•••• I]IIq YqE wI[!t p y Tax Service Agency VILLAGE or County C-1.r Ri—haod,L.I.,N—York MSTRICT ND. 1000 o.r.Nc..,t,r;,. PRO PF.RiY MAP 1 Memorandum from . . . . Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 7/20/88 To: Jerry From: L i n d a As mentioned earlier , I received a telephone call today from _Ray Nine . Mr . Nine i.nd'i cated he would like to provide an estimate to Thomas.. Pe_rillo for the right-of-way improvements as conditioned by _the_ ZBA (for 4" instead of 2-4" ) , but there is no indication as to whether a leeching or drainage basin(s ) will be needed. .. He indicated that the ri_ght-of-way . slopes downhill toward t he, _creek ,_ but the water runoff would go onto Mr. Perillo ' s private property. Attached are copies of the Board ' s 2/85 conditions and survey map. (The improvements also appear to be necessary from Westphalia Road f_or the entire length_ of Perillo ' s Minor_. Subdivision . ) C_� Please let me know whether or not you feel that drainage basins will be necessary , or whether you would prefer to send this over to -the Engineers , Sidney-Bowne & Son [at thei-r hourly rate] . The width of the improvements is for a � minimum of 15 feet -- perhaps the_ leveling of the ri.gh-t-of-way could be in such a way to retain all water runoff as- might be recommended by Ray Nine to .allevi..ate time delays . Southold Town Board bL Appeals -2- August 1�-; 1983 Special Meeting (Appeal No. 3142 - GRACE E. KENNEY, continued: ) Road at 21 ' at its closest point and 30 ' at its farthest southwest corner, be and hereby IS APPROVED AS AMENDED. Location of. Property: 2020 East Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-038-03-020. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Grigonis was absent. ) This resolution was unanimously adopted. INQUIRY RE : APPEAL NO. 3025 - CHARLES P. ZIEGLER. Correspondence dated August 10, 1983 from Gary Flanner Olsen, ---- attorney for the Zieglers, was discussed among the board members. F t It appears that the Zieglers wish to obtain a "pre-existing Certi- ficate of Occupancy" for the existing dwelling without having first i to comply with the conditions rendered in this Board' s decision of September 30, 1982, filed with the Town Clerk October 18 , 1982, more particularly Conditions 3 and 9. i Mr. Lessard, Administrator, for the Building Department recommended that a pre-Certificate of Occupancy be permitted for the dwelling as exists on the premises. It was the feeling of the board that such a pre-Certificate of Occupancy should be i permitted on the entire 3. 5-acre parcel, and that separate Certificates of Occupancy for each Parcel I and Parcel II should j not be permitted. The board after more discussion agreed that a pre-Certificate of Occupancy (dwelling built prior to 1957) could be permitted for the dwelling, provided that no building t permits, sign permits, fence permits, etc. be issued whatsoever for either Parcel I or Parcel II. Mr. Lessard assured the board that no permits would be issued from the Building Depart- ment for either parcel. i y PENDING DECISION: APPEAL NO. 3138. ALFRED J. TERP . The board continued deliberations on this matter, which was held for public hearing on July 28, 1983 . The board opted to deliberate again on this matter at our August 21, 1983 Regular Meeting. Southold Town Board ®f A ealsPP MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3025 Application Dated August 17 , 1982 TO: Gary Flanner Olsen, Esq. [Appellant (s) ] Attorney for Charles P. Ziegler Main Road, Box 38 Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on September 30 , 1982 the above appeal was considered , and the action indicated below was taken on your [X] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning. Ordinance Article III , Sections 100-30 and 100-31, Bulk Schedule Article II, Section 100=23 (C) [ ] Request for The public hearing on this application was held on September 9, 1982. Upon application of CHARLES P. ZIEGLER by Gary Flanner Olsen, Esq. , Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article II, Section 100-23 (C) and Article III, Sections 100-30 and 100.-31, Bulk Schedule , for permission to locate buildings with insufficient setbacks as exist on the premises due to the proposed location of the subdivision lines and for permission to retain garage use of building on Lot No. 2, and for a Variance for Approval of Access , New York Town Law, Section 280-A. Location of Property: Home Pike Road, Mattituck, NY; Subdivision Los No. 12 , 13 and 14 as shown on Map of Point Pleasant No. 270 ; Suffolk County Tax Map Parcel No. 1000-114-1-5. The board made the following findings and determination: By this appeal, appellant seeks: (a) permission to divide the entire 3.5-acre parcel into two parcels, Parcel 1 having an area of 89 ,000+- square feet with a road frontage of 121. 14 feet, and Parcel 2 having an area of 44 ,000+- .square feet with a road frontage of- 80 feet (radius) ; and (b) approval of access over private roads known as Home Pike Road, extending 519 feet over Silkworth Road, and extending further approximately 499 feet to Westphalia Road. The access roads in question are shown to have a minimum width of 30 feet. Existing on the land in question is a large one-family house on Parcel 1 and a garage structure in disrepair on Parcel 2 set back 12 feet from the southerly sideyard line and slightly forward of the front of the house on Parcel 1 . The premises in question front along Mattituck Creek and approvals have been obtained from the N.Y. S. Department of Environmental Conservation under Permit No. 10-82-0185. For the record, it is noted that the Southold Town Planning Board has approved this subdivision as a "set-off" pursuant to Section 106-13 of the Code on August 18 , 1982. It is, the opinion of the board that to deny the relief requested would result in practical difficulties to the applicant in that: (a) there is more than 40 , 000 square feet of land area applied to each parcel and without a frontage variance, a division would not be possible; (b) the structure on Parcel 2 is existing and is located with reasonable setbacks from all property lines, and without this variance, the building would have to be removed; (c) this access is the only way feasible to this property, and is also utilized for access to other parcels along this route. DATED: October 16 , 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) l' " Pale 2 - Appeal No. 25 Decision Rendered September 30 , 1982 Matter of Charles P. Ziegler In considering this appeal, the board determines that the variances requested are not substantial; that the circumstances herein are unique and practical difficulties have been shown; that by allowing the; vari- ances no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variances requested, as indicated below. On motion by Mr. Goehringer, seconded by Mr. Grigonis , it was RESOLVED , that Appeal No. 3025 , application of CHARLES P. ZIEGLER be and hereby is APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the building existing on Parcel 2 at the time of this determination and as shown on the Amended Map of 8/31/82 shall not be considered a principal structure or dwelling. In the event that at any time in the future this building on Parcel 2 is to be used, reno- vated or occupied as a principal building, the same must be moved so as to conform with all front, side and rear yard requirements of the code for principal buildings. 2 . That no sideyard variances shall be granted for any dwelling erected on either of these two parcels. 3. That the access roads to these parcels shall be improved in the following methods: (a) Commencing from Westphalia Road and extending approxi- mately 499 feet along Silkworth Road: [1] a minimum width of fifteen feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of two inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped , or the surface may be excavated to permit the application of packed blend to a depth of two inches ; (b) Commencing from Silkworth Road and extending approxi- mately 519 feet along Home Pike Road: [1] a minimum width of fifteen feet and [2] such minimum 15-foot width shall be surfaced with a minimum depth of four inches of packed three-quarter-inch stone blend so as to afford access for emergency vehicles. Such stone blend may be either applied to the ground surface and shaped, or the surface may be excavated to permit the application of packed blend to a depth of four inches; 4 . Where the terrain of the land over which such access roads are traversed is such that drainage problems may occur, the applicant and/or owners shall be required to construct such drainage facilities as may be recommended by the Town road engineer; 5. That this access road must be maintained at all times in good satisfactory condition as stipulated above for access by emergency vehiiles; 6 . That this access road be approved by the Board of Appeals or Town road engineer as to meeting the above requirements; 7. That this variance is subject to referral to the Suffolk County Planning Commission pursuant to Sections 1323 , et seq. of the Suffolk County Charter; }gage 3 - Appeal No. ` '25 "r Decision Rendered September 30 , 1982 Matter of Charles P. Ziegler 8. That this variance is subject to approvals from the N.Y.S. Department of Environmental Conservation and the Southold Town Planning Board; 9. That no certificate of occupancy shall be issued for these premises or for the construction of any buildings or structures, or for existing buildings or structures on these premises , to which this access is referred. until all of the conditions set forth herein have been complied with. Location of Property: Home Pike Road, Mattituck, NY; Map of Point Pleasant Subdivision Lots 12, 13 and 14 ; Suffolk County Tax Map Parcel No. 1000-114-1-5. Vote of the Board: Ayes: Messrs . Goehringer, Doyen, Grigonis , Douglass and Sawicki. This resolution was unanimously adopted. 'JAPPROVED f Chairman Board of Appeal RECEIVED AND FILED BY THE SOUT.IJQLp TQyJN CLERK BATE j6//8/� jiQUA &'.'3-�F, M T.otivn Clerk, Town o 0 old 7 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��QF SO Southold 53095 Main Road-P.O.Box 1179 p Dantes Southold,NY 11971-09.59 Patricia ra Office Location: Eric antes Town Annex/First Floor, Robert Lehnert,Jr. • �OQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ���COUNT`1,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 March 21, 2021 co Py Philip Manning 1330 Donna Drive Mattituck,NY 11952 RE: De Minimus Request No. 3830 Bell Manning SCTM No. 1000-115-15-15 Dear Mr. Manning I am in receipt of your correspondence dated February 20, 2021 requesting a de minimus approval to add radiant heat with new flooring, to a seasonal porch. Previously, you were granted by letter dated November 16, 2018 de minimus approval to replace the screens.in a roofed over porch with windows, and:to support the deck upon which the porch is located with a more substantial foundation. Adding heat to an unheated seasonal porch converts the porch to a fully habitable space and is not de minimus in nature. Moreover the proposed heat exceeds the intent and scope of the previously approved de minimus determination and the original ZBA approval. Therefore,,if you wish to proceed with adding heat to this space, you will be required to apply to the Building Department for a Notice of Disapproval and make application to the Zoning Board of Appeals to be followed by a public hearing to request additional variance relief. Sin r , C slie Kan Weisman, Chairperson cc: Building Department February 20, 2021 Ms. Leslie Kanes Weisman f RECEIVED Chairperson FEB 2 6 2021 54375 Main Rd {� P.O. Box 1179 Southold, NY 11971 'onr�a 3oa c Of Dear Chairperson Weisman, I am writing to ask that the Zoning Board consider a request for a de minimis exception to the requirement for-a variance for the following. Attached you will find a copy of a similar request I made in November 2018. At the time I was renovating the residence I purchased at 1330 Donna Drive, Mattituck. A copy of my request is enclosed.The Board was kind enough to approve the request and the building department was notified and the renovation completed according to the drawings my architect submitted. A copy of your approval is also attached. The drawings clearly noted that the intent was to renovate the space under the existing roof line,place a foundation with crawl space beneath it, add new flooring and radiant heat. The staff at the building department were the ones that informed me that I needed ZBA approval which prompted me to make the initial request. The building department staff made multiple inspections over the course of the renovation process and the renovation has now been completed. Despite those multiple visits'to the site, at no time during that year-long process was I told that an additional variance was required for the space. We asked that the building department issue a certificate of occupancy.The building department staff are telling me now, for the first time, that because the space is heated it requires a variance. The plans were approved by them and I was never told that a variance was required. In light of this, I again ask that the board grant this request. Please advise me of your decision and I will proceed as required. Thank you for your consideration of this request. Yours truly, Philip Manning 1330 Donna Drive Mattituck, NY 11952 7 T. { i s i u �" > Ya. e. i ' s 'fa1AY"F��u 9 y �E 1 Y i� A y-. ...:... 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