HomeMy WebLinkAboutZBA-05/04/1994:~/-~ BOARD MEMBERS
~d P. Goeh~n~r, Chairman
Serge Doyen, Jr.
James Dinizio, Jr. '
Robert A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
ACTION OF THE BOARD
Town Hall, 53095 Main l%ad
P.O. Box 1179
Souihold, New York 11971
Fax (516)765-1823
Telephone (516) 765-1800
Appeal No. 4225:
Application of RICHARD AND DOLORES PRINCIPI. This is
a request for a variance based upon the Building Inspector's
March 2, 1994 Notice of Disappro_val concerninga building permit
applicatio~ to relocate a dwelling structure within 1OO feet of
the L.I.. Sound bluff; ref. Article XXIII, Section 1OO-239.4A-1
of the Zoning Code. Location of Property: Lot #2 shown on the
1985 Map of Blue Horizons; also known-as 4660 Blue Horizon
Bluffs Road, Peconic, NY; County Parcel ID 1000-74-1-35.52.
WHEREAS, after due notice, a public hearing was held on
April 6, 1994, at which time 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. PROPERTY LOCATION: The premises in question is located
a distance of approximately 3666 feet from C.R. 48, or Middle
Road, along a private right-of-way at Blue Horizon Bluffs
Subdivision, Peconic, Town of Southold. This property is
identified on the Suffolk County Tax Maps as District 1000~
Section 74, BLock O1, Lot 35.52.
2. CHARACTERISTICS OF APPLICANT'S SITE: The subject,
premises is more particularly shown on the Map of Survey
prepared by Roderick VanTuyl, P.C. dated November 3, 1993,
and amended February 16, 1994, for this parcel. Shown is the
top bluff at an elevation 38 feet above mean sea level, as well
as low beach areas subject to flooding seaward of this bluff
line, and the remaining variable contours. The dimensions of
the lot are as follow: (a) frontage, or lot width, along the
private right-of-way is shown at 49.67 feet; (b) a lot width
-Appl. No. 4225
of Richard and Dolores Principi
~,ecision Rendered May 4, 1994
along the ordinary highwater mark of the L.I. Sound of 108.34
feet, (c) the depth of the parcel from the ordinary highway
mark of the L.I. Sound to the private right-of-way is 872.17
feet.
3. OTHER PROPERTY FEATURES: It is noted that a portion
of the northerly upland area consisting of approximately
30 ft. x 105 ft. of upland area, or 3150 sq. ft., of the
premises is located within a restricted Coastal Zone Erosion
area. The regulations under the Coastal Zone Erosion Act
(ref. Chapter 37) prohibits all new residential and other
types of construction seaward of the Coastal Zone boundary line
(3Oft. x 105 ft. of upland area) plus bluff sloping toward the
foot of the bank, and the lowland areas - all shown on the
survey to be a distance south, app~oxima.tely i2-6-fee~ from the
ordinary highway mark of the Long Island Sound.
4. VARIANCE REQUESTED: In this application, relief is
requested for re-location of an existing seasonal cottage
building -- which cottage building has been unoccupied since its
temporary relocation from the edge of the bluff due to severe
erosion and inadequate foundation support on the north side of
the cottage. The present location of the cottage is temporary
as a result of a Town Board proceeding and a public hearing held
on September 21, 1993 before the Southold Town Board concerning
a violation of Chapter 45 and Chapter 90 of the Code of the Town
of Southold, "Unsafe Buildings." The requested re-location is
substantially different from its previous location before the
heavy erosion, and different from its present temporary
location. The requested positioning is shown to be a distance
35 feet from:the present line.at the tOp of the bluff (or bank)
and 15 feet from.the easterly side property.line. This position
'is shown to be south of the Coastal Erosion Hazard line, but
north of the existing power line.
5. CODE REQUIREMENTS; Section 100-239.4 of the Zoning
Code requires a minimum setback at 100 feet from the top of the
bluff, or bank, of the Long Island Sound. The percentage of
relief requested for a re-location, as requested and shown on
this February 16, 1994 survey, is f~r a variance of 65 feet~ or'
65 percent, which is substantial in relation to the 100 ft.
minimum requirement.'~-~ Re-locating ~he existing cottage would
involve the placement of a new base supports (slab or similar as
required by the N.Y.S. Building and Fire Code), new el. ectrical
hook-up, water hook-up, cesspool hook-up, and suitable step
areas for safe entry. It is the applicant's position that it
would be very costly, in the area of $7,500.00 in a location
other than as requested and further distant due to costs for new
underground wiring and piping. However, no written proof of the
./
~ - Appl. No. 4225
of Richard and Dolores Principi
~ecision Rendered May 4, 1994
sums claimed were submitted for consideration. The sanitary'
system and well water are not shown on the February 1994
survey.
6. OTHER BUILDING SETBACKS: Upon visiting the area and
viewing the town records, it was noted that existing "seasonal"
cottages are situated with similar setbacks as that proposed by
this variance. However, it is also noted that the top of the
bluff or bank of the L.I. Sound has eroded by at least 10 feet
or more since January 1985 - which created the present closer
setback for these cottages to the current bluff line. The
Board is quite concerned with the safety of occupants as well as
the stability of the bluff and this !!seasgnal"_ co%tage-in'.light
of the fact that due to Acts of God, similar hazards can happen
at any time. This is the one of purposes, of the enactment of
Chapter 37 - Code for Coastal Zone Erosion control's concerning
lots located along bluffs or banks of the L.I. Sound in the Town
of Southold.
7. OTHER AGENCY JURISDICTION' Other agencies which also
have applications-pending, or which have taken action, are:
a) Southold Town Trustees' variance under the Coastal
Erosion Hazard Area'Law - which is pending at this time.
b) N.Y.S. Department of-Environmental Conservation
Permit No. 1-4738-00829/00001-0 issued December 13, 1993
(initials DMG) pertains to conditional approval to re-locate the
subject cottage to an area outside of the Coastal. Erosion Itazard
line and south of the LILCO power line;
c) N.Y.S. Department of Environmental Conservation
Permit, as amended March 29, 1994 (GWH) to locate the subject
cottage to an area north of the LILCO power line, within 100
feet of the bluff or bank of the L.I. Sound.
d) Suffolk County Department of Health Services
(status unknown) to hook-up water and cesspool extension to a
proposed re-location.
8. OWNERS PROPERTIES; One of the owners of the subject
property also has an interest, or interests, in adjoining
properties and in the development for Blue Horizons Bluff
Subdivision (stamped by the Southold Town Planning Board ~n
~985).
9. EFFECTIVE DATE OF ZONING CODE PROVISION' For the
record it is noted that the provision under the Southold Town
~page' h - Appl. No. ?5
Matter of Richard and Dolores Principi
ZBA Decision Rendered May 4, 1994
Zoning Code pertaining to minimum setbacks from the top of the
bluff or bank of the L.I. Sound became.effective under Local Law
No. 4-1985 added March 26, 1985.
10. VAR'lANCE STANDARDS: In considering this application,
the following standards must be considered:
(a) Minimum Relief - the relief requested-for a setback at
-35 feet from the top of the bluff is not the minimum necessary
to afford relief, and there is adequate land.available to comply
with the 1OO feet (or more) requirement;
(b) Uniqueness of the Land - the difficulties claimed in
relation to the meeting the 1OO ft. setback requirement is
personal in' nature to the landowners {relating to personal
expenses involved for the modification in utility hook-ups
beyond, or south, of the present LILCO power lines}; New. York
Town Law requires that the uniqueness be related to the land;
(c) Relief - the relief to permanently locate the building
35 feet from the top of the bluff will in turn be adverse to the
safety, health, welfare, comfort, convenience and order of its
occupant(s), as well as the town and nearby lands - since the
rate of erosion has been.increased during the last several years
and there is no proof from appellants to show.that there would
not be further erosion at the same. rate, or otherwise;
(d) Alternative - the alternative for appellants to pursue
for a permanent location is to locate this "seasonal building"
landward of-the. 100 ft. setback line particularly when'there:is
adequate land area available;
(e) the approval of a temporary location rather than a
permanent location, as applied, will not be detrimental to the
health, safety, or welfare of the community, since it still
would p[ovide a benefit for the property owner to use his land
'for a zonmng use allowable in this Zone District and provide a
further opportu.nity for the property owners to consider a
permanent location at a 100 ft. setback.or more, providing a
safer location.for a building witho0t expending large sums of
money for the temporary location during this re-evaluation
period (five years);
-(f) the conditions for this variance and for all other
agency permits must be carefully and faithfully followed by, the
property owner {and their agents} in order to prevent runoff or
other discharge and to aid in preventing any adverse effect or
impact on the physical or environmental conditions in this
location;
.//Appl. No. 4225
of Richard and Dolores Pr;nc;pi
~cision Rendered May 4, 1994
(g) the appellants have not furnished evidence or
sufficient information to show that the bluff is stable and that
there is no other land area available for a yearround residence;
appellants have indicated, howeYer, that the costs for a
temporary location with'the same.building, with "seasonal" use
and without major alterations, modifications or reconstruction,
are m~nimal as compared to the location-of a permanent
building;
(h) the relief as granted will not be adverse to the
preservation and protection of the character of the neighborhood
and the health, safety and welfare of the community - and will
be re-evaluated five years from the date hereof if the building
is proposed to remain,
Accordingly, on motion by Member Dinizio, seconded by
Member Wilton, it was
RESOLVED, to DENY the relief, as requested for an
insufficient setback in the permanent relocation of a seasonal
cottage at 35 feet from the top of the bluff, or bank, along the
Long Island Sound, with the following exception:
1. At the owners' own choice, liability, cost and expense,
a temporary placement of the existing cottage building without
expansion or enlargement may; for a limited period of up to five
years, be located a distance of 35 feet from'the top of the
bluff shown on the May 24., 1993 survey map prepared by Roderick
VanTuyl, P.C. subject to re-application and re-consideration by
the Board of Appeals of the status and condition of the bluff
and the actual bluff line in May 1999 which may or may not be
altered due to chan~es in future weather conditions; and subject
further to all other agency approvals; one of the reasons for
the five-year time period is to allow additional time for the
applicant to show, by expert testimony and expert documentation
from licensed engineer(s), proof as to the condition and
stability of the land within 100 feet of the bluff, the rate of
erosion both historically, currently and future soil changes,
and other data necessary for this project, before the building
is permanently in place, as well as'providing sufficient burden
necessary in meeting the lO0-ft, setback requirement (if any);
and
-2. During or before May 1999, the owners must reapply and
submit evidence of the condition and Stability~of the bluff, for
full and complete reconsideration of the temporary placement of
the cottage construction if located within 1OO feet from the top
of the bluff, and until such time as a further determination is
;//- Appl. No. 4225
, of Richard and Dolores PrincTpi
'~ ~ecision Rendered May 4, 1994
endered under the subject reapplication, the cottage structure
/~~hall remain unoccupied if an unsafe condition exists; and
3. At any time the building is found unsafe, the building
ust be vacated and remain unoccupied until all agencies have
.received and finalized applications and determinations
concerning necessary improvements or further relocation from
the bluff; and
4. No building construction activities shall take place
until all agency approvals have been issued, in writing,
including that of the Southold Town Building Inspector; and
5. No disturbance of the land area within 100 feet of the
top of the 'bluff; and
6. Both side yards must remain open and unobstructed at
all times for access by emergency and/or f~re vehicles; and
7. Owners shall meet with the Suffolk County Soil and
Water District to obtain recommendations that would aid in
preventing erosion and which would aid in further stabilizing
the top of the bluff area; and
8. When the subject building is rebuilt or replaced, it
must be set back 1OO feet (or more) from the top of the bluff
(as certified by an updated, certified survey).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
Ik
GERARD P. GOEHR~NGER, CHyRMAN
Appl. No. 4232.
ACTION OF THE BOARD OF APPEALS
Upon Application of THOMAS PALMER and JOAN GIBBS.
This is a request for a variance under Article IliA, Section
100-30A.3, based upon the March 2, 1994 Notice of Disapproval
for a lot-line change of two substandard parcels, having
insufficient area and width as exist and as proposed. Location
of Property: 2140 and 2200 Deep Hole Drive, Mattituck, NY;
County Tax Map Parcels 1000-19.3-4-4 and 5.
WHEREAS, on March 2, 1994 a Notice of Disapproval was
issued by the Building Inspector concerning an application to
relocate center property line between two existing parcels, each
improved with a single-family dwelling; and
WHEREAS,. on April 6, 1994, this area application
concerning lot area and width for each of the two parcels was
filed together with a single-and-separate search; and
WHEREAS, after due notice, a public hearing was held by
the Board of Appeals on May 4, 1994, at which time all those
who desired to be heard were heard and their testimony
recorded (and no opposition was submitted);
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are
familiar wdth the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board 'made the following Findings of Fact:
1. This is an application concerning two parcels of land,
each as more particularly shown on the February 23, 1994
survey map prepared by Roderick VanTuyl, P.C. from which the
following information was obtained:-
a) Parcel 1 consists of a total lot area of 21,500 sq.
ft. and is referred to as Tax Map Number 1000-123-4-4 as
conveyed 6/10/90 to Joan C. Gibbs.
Page 2 - Appl. No. 4232
Application of THOMAS PALMER and JOAN GIBBS
Decision Rendered May 4, 1994
b) Parcel 2 consists of a lot area of 1i,900 sq. ft.
and is presently referred to as County Tax Map No. 5 as
conveyed to Mr. and Mrs. Thomas Palmer 6/3/91.
2. By this variance application, appellants are requesting
permission to re-draw the center division line as shown on the
Sketch Map preared February 23, 1994 by Roderick VanTuyl
with the following:
a) Parcel I will change from 21,500 sq. ft. to 12,200
sq. ft. and from 82.0 feet to 41.0 feet in lot width;
b) Parcel 2 will change from 11,900 sq. ft. to 21,200
sq. ft. in area and from 41.0 feet to 82.0 feet in lot width;
3. This property is located in the R-40 Low-Density
Residential Zone District which requires 40,000 sq. ft. of lot
area per new lot to be created (Article III, Section 100-30A.3,
Bulk Schedule applicable to the R-40 Zone District). Since the
two lots are substandard in size as exist (before this proposed
change in the lot division line), an area variance is required
to reduce the lot area of one - while at the same time
increasing the lot area of the other. A single'and-separate
search was submitted to show that these two lots were existing
in single and separate ownership since prior to enactment of
one-acre zoning in 1971. Each of the two lots is improved with
a single-family, one-story dwelling structure.
4. The percentage of relief sought by this application is
zero for the reason that there is merely an exchange in lot size
between Lot I and Lot 2 - without any other conveyance or
split, and there is no increase in density or affect on the
total area of the lots (combined total).
5. In considering this application, the Board also finds
and determines:
(a) the relief as granted is not substantial in
relation to lots established in the close vicinity of this
property and does not create increased lot density;
(b) the circumstances are uniquely related to the
property and there is no method feasible for appellant to pursue
other than a variance;
(c) the relief requested will not cause a substantial
effect on available governmental facilities;
Page 3 - Appl. No. 4232
Application of THOMAS PALMER and JOAN GIBBS
Decision Rendered May 4, 1994
(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) the relief sought by applicant cannot be achieved
by a method other than an area variance;
(f) the proposed variance will not have an adverse
effect or impact on the physical or environmental conditions in
this neighborhood or zone district - the new location of the
division line is for record purposes and is not visible to the
lands;
(g) the difficulty is related to the uniqueness of
the property and is not self-created;
(h)
afford relief.
the relief requested is the minimum necessary to
(i) in view of the manner in which the difficulties
arose, and in considering all the above factors, the interests
of justice will be Served by granting the variance, as
conditionally noted below.
Accordingly, on motion by Member Wilton, seconded by
Member Villa, it was
RESOLVED, to GRANT the relief as requested under Appeal
No. 4174 in the Matter of THOMAS PALMER and JOAN C. GIBBS
in this re-adjustment of lot lines for two substandard parcels,
shown as Parcel i and Parcel 2 on the survey map prepared by
Roderick VanTuyl, P.C. dated February 23, 1994.
Vote of the Board:
Dinizio, Wilton and Villa.
Ayes: Messrs. Doyen,. Goehringer,
This resolution was duly adopted.
ACTION OF THE BOARD OF APPEALS
Appl. No. 49.03.
Upon Application of ROBERT E. BIDWELL for a Special Exception
under Article III, Section 100-31B13 of the Zoning Ordinance for
approval of winery uses in existing building and proposed building.
The site plan shows that the property is situated along the south side
of C.R. 48, Cutchogue, NY, is zoned A-C Agricultural-Conservation
and is identified on the Suffolk County Tax Maps as District 1000,
Section 96, Block 4, Lot 4.3.
WHEREAS, a public hearing was held on May 4, ]994 and December
8, ]993, at which times those persons who desired to be heard were
heard and their testimony recorded (see separate verbatim transcripts
of hearings); and
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, 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. By this application, applicant requests the issuance of a
Special Exception pursuant to Article III, Section 100-31 for a Winery
in conjunction with existing grape vineyards on this ]4.955 acre-parcel
located in the Agricultural-Conservation (A-C) Zone District.
2. Article III, Section 100-31 of the Zoning Code authorizes by
approval of the Board of Appeals (and subject to site plan approval by
the Planning Board):
"...Wineries for the production and sale of wine
produced from grapes primarily grown in the vineyards
on which such winery is located... "
3. The applicant, Robert E. Bidwell, the owner of the subject
premises, acquired the premises in December 23, 1982, with Edward J.
Hallstein - who conveyed his share to the applicant (Bidwell) on
Page 2 Appl. No. 4203
Decision Rendered May 4, 1994
Application of ROBERT E. BIDWELL
November 30, 1983 (see Deed at Liber 9493 cp 386). The entire
premises consists of a total area of 14.955 acres with street frontage
along the southerly side of County Road 48 of 711.53 feet. The subject
premises commences at a point 285+- feet westerly of the intersection
of Depot Lane and C.R. 48, Cutchogue, and is identified on t. he Suffolk
County Tax Maps as District 1000, Section 96 Block 4, Lot 4.3.
4. The applicant has submitted as amended site plan dated April
14, 1994, which was amended to show revisions and recommendations of
the Planning Board (see previous letters from the Planning Board
requesting specific modifications to the original map).
5. The April 14, 1994 plan shows a proposed 1456 sq. ft. pavilion
located 113+- feet from the northerly front property line along C.R. 48
and 194+- feet from the easterly side property line. This building is
proposed at one-story, will be heated by oil, and will be utilized for
a retail sales and wine-tasting area related to the existing grape
vineyard and production of wine for the existing Winery operations.
Also shown on the April 14th map are an existing metal building and
concrete block building (with breezeway) which is proposed as the
production and work area of the winery in its processing of grapes
grown on this parcel and for the production of Wine. The metal and
concrete block buildings which exist were constructed under a "farm
building" permit rather than a permit for winery operations, and
pursuant to a temporary Special Exception granted by the Board of
Appeals February 15, 1990 under Appl. No. 3882, the owners were to
return in 1993 for an updated inspection and review as to compliance
with State Fire and Building Codes and well as local Health Department
regulations pertaining to the production of wine.
6. As part of the special exception and site plan reviews, the
applicant has assured the Board of their intentions to comply with all
provisions of the Zoning, State Fire and Building Code, and other
regulations pertaining to the operation of the Winery buildings.
7. In considering this application, the Board also finds and
determines: (1) the proposed use will not prevent the orderly and
reasonable use of adjacent properties or of properties in adjacent use
districts; (2) the use will not adversely affect the safety, welfare,
comfort, convenience, or order of the Town; (3) the use is in
harmony with and will promote the general purposes, and intent of
zoning. The Board has also considered subsections (a) through (1) of
Article XXVI, Section 100-263 A through F ("standards"), applicable to
special exception reviews. The Board agrees that the use of the
buildings, as proposed herein, meet all the standards and conditions
prescribed in the Southold Town Zoning' Code for such land use.
Accordingly, on motion by Member Wilton, seconded by
Page 3 - Appl. No. 4203
Decision Rendered May 4, 1994
Application of ROBERT E. BIDWELL
Chairman Goehringer, it was
RESOLVED, to GRANT a Special Exception (Special Permit) for a
Winery at premises owned by the applicant, ROBERT E. BIDWELL, as
applied, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the operations conducted at the site shall be limited to
agricultural use and a Winery for the production and sale of wine
produced from grapes primarily grown in the vineyards existing on the
subject premises.
2. That the buildings be no closer than 100 feet to the front
(northerly) property line, and shall be proposed generally as shown on
the April 14, 1994 amended site plan.
3. That the operation of the Winery must receive all outstanding
final approvals from the Southold Town Planning Board, the Suffolk
County Health Department, and the Southold Town Building Department
as early as possible without delay and before receiving additional
building permit(s) for new construction.
Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton, Villa
and Goehringer. This resolution was duly adopted.
ACTION OF THE BOARD OF APPEALS
Appeal No. 4238:
Application of JON C. KERBS. This is a request for a variance
based upon the April 18, 1994 Notice of Disapproval for a permit to
alter roof line for a height above the 18-foot limitation in a preex-
isting accessory building with garage and rental apartment (Pre-C.O.
No. Z6034 issued 8/1/74); Article IIIA, Section 100-30A.4 (ref.
100-33). Location of Property: 440 'Riley Avenue (previously known
as 590 Riley Ave.), Mattituck, NY; County Tax Map Parcel No.
1000-143-4-10.
WHEREAS, after due notice, a public hearing was held on
May 4, 1994, and 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 subject premises is known and referred to Lot
No. 13 on the Subdivision Map of George H. Riley filed in the Suffolk
County Clerk's Office November 27, 1928 as Map No. 186. This lot is
located in the R-40 Low-Density Residential Zone District under the
Master Plan adopted January 10, 1989, and contains a total lot area of
7500 sq. ft. with 100 ft. frontage along James Creek, 75 feet along
Riley Avenue, and an average depth of 181+- feet.
2. The applicant is the owner as shown by Executor's Deed
dated August 2, 1974 at Liber 7691 cp 265. The applicant/owner is a
resident in the rear accessory building containing a preexisting apart-
ment for which the Town has issued a Certificate of Preexisting Use
and Occupancy dated August l, 1974 to the Estate of William E.
Folkes. Also noted under this Pre-C.O. is the existence of a one-fam-
ily dwelling (front building) which is presently occupied by a single
family.
3. The applicant has submitted a copy of a survey dated
Page 2 Appl. No. 4238
Application of JON C. KERBS
Decision Rendered May 4, 1994
July 10, 1974 prepared by Roderick VanTuyl, P.C. which depicts
both residential buildings - noted as follows:
a. The building closest to Riley Avenue (referred herein
as the front building) is shown with a nonconforming westerly side
yard setback at less than 10 feet to the property line from the founda-
tion, and a setback at 13+- feet from the front property line. The
front building is distant from the easterly side property line at more
than 40 feet, and from the rear property line along James Creek at its
closest point approximately 120 feet.
b. The accessory building with apartment use (referred
herein as the rear building) is shown with a nonconforming westerly
sideyard setback at 8+- feet and 27+- feet from the foundation to the
ordinary highwater mark shown on the 1974 survey [Scale 50' = 1").
The rear building contains an open deck area (see prior 1976 permit
for deck) which contains a scaled setback at 17+- feet to the ordinary
highwater mark. This building is in very good condition without the
need for reconstruction. The applicant-owner has assured the Board
that there is no plan to reconstruct or replace this building, and no
plan is proposed to increase the liveable floor area and no plan to
renovate or modify the building which is affected by the 50% limita-
tion under Section 100-244 of the Zoning Code.
4. The basis for which this appeal has been made is a Notice of
Disapproval dated April 18, 1994 for a permit to construct alterations
to preexisting accessory garage with dwelling unit disapproved on the
following grounds: "...Under Article IIIA, Section 100-30A.4 -
100-33A proposed construction exceeds permitted 18 ft. height for
accessory buildings... Action required by the Zoning Board of Ap-
peals .... "
follows:
Section 100-30A.4 refers to Section 100-33A which reads as
100-33A.
"...Accessory buildings and structures
or other accessory uses shall be
located in the required rear yard,
subject to the following requirements:
A. Such buildings shall not exceed
eighteen (18) feet in height .... "
The relief requested is for an alteration of the roof which extends the
height to 25.5 feet from grade to the roof gable at midpoint. This
extension is not proposed, and will not permitted to add a full
second-story for additional liveable floor area.
6. It is r~oted that the use of the subject building is and will
remain as an accessory garage with rental apartment in conjunction with
the main dwelling without a proposal to increase unit density;
therefore, the nonconformity of this particular use is not an issue
properly before the Board at this time.
7. Other relevant technical information considered in this
project are also noted below:
a) The property in question is located in a Flood Zone
subject to new elevation requirements if there will be any proposal in
the future to replace the structure (by more than 50% of the total
liveable floor area or 50% of the fair market value, whichever is less)
for the lowest floor, or utilities, to be a minimum height above mean
sea level and well as obtaining other environmental agency approvals
since the subject premises is located within an Critical Environmental
Area established by the County of Suffolk;
b) It is noted that the height proposed with the change in
the style of the roof, as submitted and shown on the sketch submitted
with this application, will be complied with.
c) The square footage of the building is not proposed to be
increased by this application;
d) The subject building is known to be more than 50 years
old and is in good, usable/habitable condition;
e) Both residential units (in both buildings) preexist the
1957 Southold Town Zoning Ordinance.
8. In considering this application, the Board also finds:
(a) that the relief requested is for an alteration in the
roof line without an increase in the floor area of the building;
(b) that variance will not be adverse to the essential
character of the neighborhood under the circumstances;
(c) that the relief cannot be obviated by another method
feasible to appellant to pursue, other than a variance;
(d) that the difficulties claimed are uniquely related to
the property and are not personal in nature to the landowners;
(e) in considering all of the above factors, the interests
of justice will be served by granting the relief requested, as condi-
tionally noted below.
Accordingly, on motion by Member Wilton, seconded by
Page 4- Appl. No. 4238
Application of JON C. KERBS
Decision Rendered May 4, 1994
Member Dinizio, it was
RESOLVED, to GRANT the requested variance for change and
alteration of roof line and roof height for this accessory building
with rental apartment, as requested, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. The liveable floor area not be increased in any manner;
2. The use and occupancy of the building remain as an accessory
to the principal building, as exists, with rental apartment {unless it
is proposed at some time in the future to remove the rental apartment at
the owner's choice for garage or residential storage use);
3. The existing open deck area not be converted for additional
year-round, liveable (heated) floor area.
Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa, Wilton
and Goehringer. This resolution was duly adopted.
lk
GERARD P. GOEHRINGER
CHAIRMAN
APPEALS BOARD MEMBERS
~Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Rober~ A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Hay 3, 1994
Appeal No. 4239
Project/Applicants:
County Tax Map No.
Location of Project:
Margaret Best and Adlyn Syverson
1000-i23_6_17
Private Road #17 off E/s Camp Mineola Road
Mattituck, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Lot area and width variance in proposed subdivision of property,
subject to Planning Board, Health Department, and other agency approvals.
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 944-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
.Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 1990).
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2{jj)), this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold NY 11971 at
(516) 765-1809. '
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
APPEALS BOARD MEMBERS
C-e~ard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone ('516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
$.E.Q.R.A.
TYPE II ACTION DECLARATION
County Tax Map No.
Location of Project:
May 6, 1994
Richard Lan
1000- 111-15-1.4 and 1.5
230 Bridge Lane, Cutchogue, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Locate deck and swimmingpool in the front yard area
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 944-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
~Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 1990}.
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)), this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall Main Road Southold, NY 11971 at
(516) 765-1809. ' '
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
mc
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
S,E.Q.R.A.
TYPE II ACTION DECLARATION
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
May 9, 1994
Appeal No. 4243
Project/Applicants: Moore's Lane H01din§ Corp.
County Tax Map No. 1000- 40-5-1.42
Location of Project: 475 Cedarfields Drive, Greenp0rt, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Locate accessory uses (tennis court, ~wimmingp0ol and p001 clubhouse)
in area other than required rear yard and with tennis court fencinq above
4' in the front yar~ area ~
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.
An Environmental Assessment (Short). Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA [Section 617.13(a) as amended
February 14, 1990).
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)), this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall Main Road, Southold NY 11971 at
(516) 765-1809. ' ,
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
mc
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
BOARD OF APPEALS
TOWN OF SOUTHOLD
SEQRA UNLISTED ACTION DECLARATION
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765~1823
Telephone (516) 765-1800
May 9, 1994
Appeal No.4244SE Project Name: Depot Enterprises, Inc.
County Tax Map No. 1000- 102- 2-12. 1
Location of Project: 320 Depot Lane, Cutch0gue, NY
Relief Requested/Jurisdiction Before This Board in this Project:
g Special Exception, as amended, to include approval for the location
and use of a proposed addition to the existing principal building
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 g44-4 of~
the Town of Southold.
An Environmental Assessment (Short) Form has been submitted with the
subject application indicating that no significant adverse environmental
effects are likely to occur should the project be implemented as planned,
and:
{ } this Board wishes to assume Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
{~ this Board has taken jurisdiction as Lead Agency, has deemed
this Board~bf Appeals application to be an Unlisted SEQRA Action, and has
~declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
.b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{ } this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad ~as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to ass,~me lead agency status within 15 days of this letter, we
will assume you have waived s~ae, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office ~ of the Board of
Appeals, Town Hall, Main Road, Southold, ~'/ 11971 at (516) 765-1809.
mc
APPEALS BOARD MElVIBERS
C, emrd P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
May 9, 1994
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4245
Project/Applicants:
County Tax Map No.
Location of Project:
George & Sue Tsavaris
1000- 30-2-53
2170 The Strand, East Marion, NY
Relief Requested/Jurisdiction Before This Board in this Project:
k0cate swimmin§po01 with fence enclosure within 100 feet of
the bluff on Long Island Sound
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 944-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 617.13 of 6 N~CP~R Part 616, and
.Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Ty~ II classification as
established by law. Further, this Depart3nent may not be an
involved agency under SEQRA {Section 617.13(a) as s3nended
February 14, 1990).
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)), this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road Southold NY 11971 at
(516) 765-1809. ' '
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board mer~bers.
Copy placed in ZBA project file for record purposes.
mc
APPEALS BOARD MENLBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SEQRA UNLISTED ACTION DECLARATION
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
May 20, 1994
Appeal No. 4247 Project Name: Hugh and Carol C0nr0y
County Tax Map No. 1000- 88-3-6
Location of Project: W/s Gin Lane, S0uth01d~, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Establish an Accessory Apartment
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.
~n Enviror~nental Assessment (Short) Form has been submitted with the
subject application indicating that no significant adverse environmental
effects are likely tO OCCUr sh0u]d the project be implemented as planned,
and:
[ } this Board wishes to assume. Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
{ } this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRAAction, and has
declared a Negative Declaration for the following reasons:
a. An Enviromnental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
( ~ this Board refers lead agency status to your agency since the
Board of Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter, we
will assume you have waived same, and we will be required to proceed as
Lead Agency.)
For further info~-mation, please contact the Office of the Board of
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
m ~ - ' ~- ~"~" :~ ~3'~'~-~/~ ' ~---'~' '~' ~' ': 'L.~ ,. ..... -~ 3~ ·. -'
APPEALS BOARD iViEMBERS
~ Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
May 20, 1994
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4248
Project/Applicants: Tony and Maria K0st0ulss
County Tax Map No. 1000- 21-2-13
Location of Project: 1035 Aquaview Ave., Hast Marion, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Deck addition with insufficient side yard setbacks
This Notice is issued pursuant to Part 617 of the
lmplementing 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.
An Environmental Assessment (Short). Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617 13Ia) as amended
February 14, 1990}. '
Although this action is classified as Type II for this
variance apPlication under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)), this determination shall have no affect upon any
agency.°ther agency's interest or SEQRA determination as an involved
For further information, please contact the Office of the
Board(516) 765-1809. of Appeals, Town Hall, Main Road, Southold, NY 11971 at
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
SEQRA UNLISTED ACTION DECLARATION
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
May 20, 1994
Appeal No. 4249 Project Name: Sanf0rd and Sue Hanauer
County Tax Map No. 1000- 94-3- p/0 1.7
Location of Project: 4105 S0undview Ave., Mattituck, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Establish and operate a Bed and Breakfast
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.
An Environmental Assessment (Short) Form has been submitted with the
subject application indicating that no significant adverse environmental
effects are likely to occur should the project be implemented as planned,
and:
{ ) this Board wishes to assume Lead Agency status and urges
coordinated written comments by your agency to be submitted with the next
20 days.
{ } this Board has taken jurisdiction as Lead Agency, has deemed
this Board of Appeals application to be an Unlisted SEQRA Action, and has
declared a Negative Declaration for the following reasons:
a. An Environmental Assessment has been submitted and evaluated, and/or
b. An inspection of the property has been made, or
c. Sufficient information has been furnished in the record to evaluate any
possible adverse affect of this project as filed, and/or
d. This application does not directly relate to new construction or
on-site improvements.
{ ) this Board refers lead agency status toyour agency since the
Board of'Appeals does not feel its scope of jurisdiction is as broad as
the Planning Board concerning site changes and elements under the site
plan reviews. The area of jurisdiction by the Board of Appeals is not
directly related to site improvements or new buildings. (However, if you
do not wish to assume lead agency status within 15 days of this letter, we
will assume you have waived same, and we will be required to proceed as
Lead Agency.)
For further information, please contact the Office of the Board of
Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809.
m