The URL can be used to link to this page

Home My WebLink About4531 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF FEBRUARY 26, 1998 Appl. No. 4531 - DUANE PASCALE PARCEL 1000-87-3-8 STREET & LOCALITY: 3520 ~linnehaha Boulevard, Southold DATE OF PUBLIC HEARINGS: January 15 and 22, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate on a substandard parcel of land coniaining 11,053 sq. ft. of total lot area confirmed by survey dated September 4, 1997, prepared by John T. Metzger, Surveyor. The survey shows frontage along Minnehaha Boulevard of 100 feet, frontage along Owaissa Avenue of 100.04 feet, and frontage along Corey Creek of 119.53 feet. The premises is improved with a single-family dwelling (built about 1965) with garage addition (built in 1988) and two accessory buildings. The existing setbacks of the dwe]ling are presently shown at 28 ft. minimum from Corey Creek (bulkho. ad), and at 8.1 feet from the southerly front property line along Owaissa Avenue. The total lot coverage of existing buildings is confirmed by applicant as follows: House (ground floor area) Garage Accessory Building ("boathouse") Detached Shed Total Existing 1725 sq. ft. 384 sq. ft. 137 sq. ft. 125 sq. ft. 2369 sq. ft. BASIS OF APPEAL: Four Building Inspector Actions of Disapproval noted below: a) dated November 10, 1997 which reads as follows: "...the proposed deck addition of approximately 1000 sq. ft. will exceed the allowable lot coverage of 2210 sq. ft. The existing dwelling covers 2369 sq. ft. already exceeding the allowable coverage by approx. 160 sq. ft. Note: ZBA Appl. #3784 11/16/88. Therefore the total square footage would exceed the allowable covering in an R40 Zone by approximately 1160 sq. ft. pursuant to Article IliA 100-30A.3..."; b) dated November 17, 1997 which reads as follows: Page ~ of 4 - February 26, 1998 Appl. No. 4532 - Duane Pascale Property ID: 1000-87-3-8 "... 1. The proposed deck addition will encroach on the allowable 75' setback requirement to a bulkhead adjacent to tidal water bodies, pursuant to Article XXIII, 100-239.4B, 2. the proposed deck addition encroaches on the allowable front yard setback of a non-conforming lot of under 20,000 sq. ft. in an R40 Zone. The location of the encroachment is on the south side of the parcel on Owaissa Avenue pursuant to Article XXIV, Section 100-244B.. c) dated December 15, 1997, which reads as follows, and noted by the Building Inspector as a revision to (a) above as follows: "...exceed the allowable coverage in an R40 Zone by approximately 206 sq. ft .... This disapproval is based on the most recent survey dated September 4th (sic), 1997 .... " Note: disapproval was corrected to show survey was dated December 4, 1997; d) dated January 5, 1998 which roads as follows, and noted by the Building Inspector as revised: "... the proposed deck addition will exceed the allowable lot coverage of 2401 sq. ft. The existing dwelling covers 2369 sq. ft. The proposed deck addition is 1000 sq. ft. Therefore, the total square footage would exceed the allowable coverage in an R40 Zone by approximately 968 sq. ft. pursuant to Article IIIA, Section 100-30A.3. Note: This disapproval is based on the most recent survey with a revised date of December 4, 1997 .... " AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To construct new deck addition at the roar of dwelling. Relief sought was offered by applicant as follows: a) ORIGINAL RELIEF SOUGHT: 1000 sq. ft. deck with a total lot coverage of 3,279 sf after allowing for removal of the "boathouse," and a minimum setback from the bulkhead of nine feet; b) SECOND PLAN/RELIEF SOUGHT: total lot coverage of 2948 sq. ft. with removal the "boathouse" structure; and proposed setback from the bulkhead shown at a minimum of 17'2" at its closest point; c) THIRD ALTERNATIVE PLAN SOUGHT BY APPLICANT: total lot coverage of 2904 sq. ft. and proposed setback to the bulkhead at a minimum of 17'2" feet and 17 feet from the south/east corner of the proposed deck to the current southerly property line (along Owalssa Avenue). REASONS FOR BOARD ACTION~ DESCRIBED BELOW: (1) The granting of the area variance as originally applied for will produce an undesirable change in character of neighborhood or a detriment to nearby properties because, relative to the neighborhood, the lot coverage of 29.7% would be excessively large and the setbacks from bulkhead and Owalssa Avenue would be excessively small. Page '~ of 4 - February 26, 1998 Appl. No. 4532 - Duane Pascale Property ID: 1000-87-3-8 (2) The area variance, as applied for, is substantial. (3) Because the benefit of an outdoor deck sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance, due to the size of the property, the present construction, and today's code requirements, the Board has considered alternatives to the relief originally sought, including the alternatives presented by the applicant. The Board has determined to deny the relief originally sought by the applicant and grant alternative relief (noted below). (4) The Board finds this action is the minimum necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. (5) The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to DENY the application as applied for, and to GRANT ALTERNATIVE RELIEF FOR A DECK, OPEN TO THE SKY, TO BE DESIGNED BY THE APPLICANT, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. LOT COVERAGE: The total lot coverage, inciuding principal building (house) plus proposed deck addition, and accessory buildings, shall not exceed 24 percent of the total lot area of 11,053 sq. ft. which is 2653 square feet. (This is based on the total lot area which excludes the land claimed by the applicant on the right-of-way known as Owaissa Avenue. ) This 24% lot coverage limitation would allow options to be decided by the application with respect to design provided it meets the foliowlng additional conditions. 2. FRONT YARD: The southeasterly corner of the new deck construction shah be no closer than 17'2" to the southeasterly (front) property line (excluding the right-of-way area on Owaissa Avenue). 3. REAR YARD: The rear yard setbacks: a) at the north/east corner of the deck addition shah be no closer than 28 feet to the inside of the bulkhead at its closest point; and b) at the center portion of the deck shall be no closer than 20 feet to the inside of the bulkhead at its closest point; and c) at the south/east corner of the deck shall be no closer Page ~ of 4 - February 26, 1998 Appl. No. 4532 - Duane Pascale Property ID: 1000-87-3-8 than 21'3" to the inside of the bulkhead at its closest point. 4. DECK CONSTRUCTION: The deck shall remain open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, COLLINS, and HORNING. NAY: MEMBER TORTO]~-~-,~4rhis Resolution was duly adopted (4-1). AS400/Actions .a11/87-3-8 ADD . SOUTllOLD TOWN BOARD OF~ NOTIC~ IS IiF..RE~Y GIVEN, suant m SecUre 267 ~ tbe Town Law and ~e Code o/the Toum ~/Somho~ fo, p~bt~ ~ b~ ~ ~otrrHOLD TOWN BOARD OF 53095 Main Rua~ Soulbeld, New york 11971, m ~ JANUARY 1~, Lq~ st gae times an~d below (~ ss ANS~ PA~...AL~ Based upon ~be and Dissppmval dasd No~mber 17, Vmiances under Ar, i~ ILIA, ,~x~iom 100-244B and ]00-239.4B, fo~ p~per~ line. sad ~.,~,~ h s~back Panel No. 1000-87-3-8. 6'.55 p.m. AppL No. 4501 ~ ;ANOR NAGY. ~ can~- over from Sel~mbet 25, Applicant is wqu~ a W~iver unde~ A~:l~ I~ Secfl~ 100-26 bes~d Ul~a gnc JuJy 7, 1997 NmJ~ ~ Disap~ "0) under ~ I~ Sec~n 24A~) hnd J~ kks~ed ~s i0~e- 27-4-2 and 1000-2'/-4-3 were crealed T 25A, tmal land a~a n~j~r r.d.~s for 1000.27.~-1, 2 and baying been beld in common ogmenlip ~f~r July 1,19~37 Location of ;,c,~,~y: ltmbor Road, O~ient, NY. 7:10 p.m. Appl. No. 4532 under AflicJe m-A, Section 100- 30A.4, based npon the Building Inspeclor's November 19, 199/Noticc loc~i~ i~ Ibe f~mi yanl m a dls~mce closer tben tbe required 20 fce~ to tbe no~ (side) ~ Une. This p~cel , c~ntalns a Imal I~ size of 81,921 sq. f~ Matlituck, NY; County Parcel No. 1000-106-11-2~, Lot D on Ihe 1914 7:15 p.m. Appl. No. 4532 -- DF~- ORAH LYONS nd ANDREW lnspeaor's _l)e~er 15, 1997 Nmic~ of I)isappm~ fm comu~Sion of a wooden ~ (1) st ~quired 35 feet lmm ~a~ p,~m/ line, an6 (2) c,,:,.~ng aUo,~,ablc lot cover~. Thls panel comalns a to~l known zs 355 ~ Lan~, Orient; 7:~0 p.m. Continuation of flAY Tbe B~nl of Ap~ will at mid time and pla~ bear any and all pers~ts o~ their t~atative~ dmifing to be beard in tbe above applkafio~. Tbe be submitted before the beadn0 ends. p.m.). . If you have quest:ms, please do not ' By ORDER OF THE BOARD OF APPEALS GERARD E GOEHRINGER, Cbeinnan By Lindn gowalskl 1267-1TJ0 co .mmenclng on STATE OF NEW YORK) )SS: O OF L Comity, bein~ duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at MatUtuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published, in said Newspaper once each week for I week~..~s~ucces sively, 9th~~ ~T,~ day 1. Sworn to bef/qre me this day of ~ Principal Clerk TO~?N OF SOUTflOLD BUILDING DEPARTMENT SOUYHOLD, N.Y. NOTICE OF DI$~PROVb~L DATE: January 5, 1998 To Duane Pascale 652 Franklin Avenue Garden City, NY 11530 PLEASE TAKE NOTICE chac your appllcaCioo dated September 8, 97 for permit to .. y?~yy~.a..d~ .~ ..................................... aC Location o~ Property ...... ~ ...... ~.~Y~: ............. ~qV~q~ ........ House No. Street Hamlet Counc¥'Za~ ~a~ .o. ~000 - Section ....~ ..... BLOC~ ..... 9~ ....LOT ...~ ........ Subdivision ............................... Filed Hsp No .......... Lot No is recurred herewith and disapproved on the following grounds .~9.O~90~.~g~ ............ addition will exceed the allowable lot coverage of 2401 s~. ft. The existing dwelling Note: This disapproval is based on the most recent survey with a revised ~}~. 9~..' ...... December 4th, 1997. RV 1/80 FORH NO. 3 To TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. Revised I1/10/97 Disapproval NOTICE OF DISAPPROVAL DATE: Duane Pascale . }.5.2..F.rin.k!i.n' .A.v.e.u.u.e. ................... . .~.a.r.d.e.n..C.i. c3...~..~. !5.3.0. .................. December 15, 1997 PLEASE TAKE NOTICE that your applicatiou dated ~p~...e~b.~y. ~, ........ 19~? .... for permit to construct a deck addition Location of Property .... 3~0 ............ .14$.'pp~.a~.~}~y~.. .......... Sp~t~.l~ ....... ~ouse No. Street ~amlet County'Tax Map No. 1000 - Sectlou ...~? ...... BLOCK . ~ ....... LOT .. ~ ........ Subdivisiou ............................... Filed Nap No .......... Lot No ........ is returned herevith and disapproved on the folloving grounds .~ .B~QDq~4.~q~ ............ addition of approximately 1000 sq. ft. ,ill exceed the allowable lot coverage of 2210 sq. ft. The existing dwelling covers 2369 sq. ft. Therefore the total -' square footage vould exceed thhe allovable coverage in an 1L~O Zone by approximately 206 sq. ft. pursuant to Article III A 100-30 A.3. Action required by the Zoning ~oard of Appeals Rote: This disapproval is based on the most recent survey 'dated~'~C~ 4th, ]997.' .................................................................... ........ RV 1/80 FORM NO. 3 -- ' ~ ~ /, ~0, , TOWN OF SOul'HOLD To . .~ ~ ....................... 652 Franklin Ave. . .................. :'DATE: . Ng¥.e~..bg.r. ].O~ 1997 PLEASE TAKE NOTICE chat your applicatiou dated $~p~.m~.~F.~.~ ...... 19~ .... for permit to CO~qq~A.deck addition ' ' Location of Property ...... 3~$Q Minnehaha Blvd. Sodthold House No. Street Hamlet County Tax Map No. ]000 - Section .6] ........ BLOCK .9} ........ LOI 08 Subdivision ............................... Filed Map No .......... Loc No ........ is returned herewith and disapproved on the following grounds .th~ .~KQUQ~{.dic~ ............ .... ~[~9P.P~.appr°ximately i000sq, ft. ~ill exceed the allo~able lot coverage ....pl. ~J9pi:. ~[:...T~.? ~ting dwelling covers 2369 sq. ft. already exceeding - the allowable coverage by approx. 160 sq. ft. Note ZBA.~Appl. {3784 ll/16/88 . .... .T~.~[efore the total sq. footage would exceed the allowable coverage i.. an /, ., Rd0 Zone by approximatel~q. Ft. pursuant to Article Ilia 100-30 A.3 Action required by~oning Board of Appeals. RV 1/80 NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. Amendement 652 Franklin Ave .... ~en City ~ 11530 Date ..Novenber..l~ ............. 19.9Z.. PLEASE TAKE NOTICE that your application dated .. S.?}{;euid~e:r: .8~t:h. ........... , 19 .9.7... for permit to construct a deck addition Location of Property . 3520 ......... ..... Hinnehaha. Blvd. Southold House No. Stree~ ............................ Ham/er County Tax Map No. I000 Section . sB? ........... Block . .03 .......... Lot .Q8 ........... Subdivision ................. Filed Map No ................. Lot No ....... · is returned t]erewith and disapproved on the £ollo~ving grounds ! ) .~: .l~rqpo. s.e~cl .cte. e.,k .a~lO,£t. io.~.. wil. l..e.n.c.r.o.a.c.h..on the allowable 75' s~r~.~u requirement to a bulkhead ad~jacent to · . , . 7Ty.-."~.? ........................................ ti.4~l w~r bottles, pursuapt to 6rti¢~ x3r~II .100v2.~,4~,..2). it.i.o.n..e.n.e.r.o.a.c.h.e.s..o?, t.h.e allowable front yard setback of a n - · · - .................. qn. d?. 2.o,qo.0 sq. ft. in aa U40 zone. The location of t.h.e.enero~ehmenc so.u.t.h side of the parcel on Owaissa Ave: pursuant to Article XXIV !00-2~z.R Action required by the Zoning ~oard of Appeals. RV 1/80 (l~fihli.b, In..il~?ttor) fl~, ~ltl) O1" IIE^I.TII ............... 3 SF, TS OF Pl.^NS ~h~'"~ .SIIRYg¥ ........................ CHECK: ......................... Sl~,P'l' 1 C, FORH ................... ^PIH.ICATION FOR JHIII,I)ING I~I~.RHIT 1 N,q'I'IHICT I a. 'lld,s aplflieatlcw~ .s~st be cm~)letely [ilk¢l in by lyl~,~riter or in ink a[xl ~fl~.itt~] to the ltfilclin8 lnnlmctor s~ilh 3 ~ts of plane, acetate plot plan to scale. I~ accordinR lo ~ch~hile. h. l'lot plan ~[ng l~aLi~ oF lot n~.l o[ hiihllnRs ~lreets or m'ea~, n~l ~lvh~ a z~tnil~l desrripl:ion of Iny~.~L Ihis appl icatlon. c. 'tim ~rk c{werol hy this alqfl ical:i{~ ~,~y ~t Im co~l Imfore i~m~q~e oE ~dhll.8 Permit. d. IIIx,~ npprcNal o~ lids el~licnli(~, Ihs lltihlinll In~l~Clo~ ~.dll iss~m a ltdhllng I)emi~ to the nl~pllcnn[. ~l~'l~ I~m, lt shnll I~ kept ~ tl~ F~i~ ~allable f~r inSl~Ction e. ~ hdhlh~ t,dl I~ ~oqfi~l or n~l in d~le or in l~a~t for any ll~rl~ ~:t~q~,~:y i~all have I~n ~rant~l by [1~ lldldin~ AI'I~J(~TI(~ 1~ IEl~lff t~l[ to the ltdldin~ lil~rl,~nl; for Ihe iSS~ln~e of ~ ~dldln~ Pemit lx~r~nn~ U~ Ihe lld Idlnl~ ~ Onli~a~'e o~ {he 'l/~ of ~ll~ld. ~fffolk liliulnli(~s. [or Ihg c(~stn~ti~l of hllhlht~s, ~ilil ~scril~l. '1t~ applicant ~r~s to c~l~ly ,ilh all a~llcnble I~. . .:_.,... . (~tfil in~ ~llress o~ ~llcont) l~;Inle ~hether applicant |~ c~er, le.?~e, ap. ertl. architecl, engi~t~r, general eontraclor, electrician, plml~r oT I~dhler. (as ~ Ihs tax ~)11 of latest de~l) If nl)plicnnl; i~ a corl~rati~~ si~3lure of duly oull~)ri~l officer. title of corporate oEfieer) Iklihlers I.icen:~ Hn .......................... I'h,~l~ers l.ice.se ~o .......................... Electricians l,lcense ~ ...................... Other Tr~'a l.icen~ ~ ..................... I. l~nti~ of la~l ~x~ ~dch prol~l ~rk ~*ill I~ do~ .............................................................. ..... .................. ............... ..................................... lkx~ ~ J~i~r Street l~nl et (h,niy 'l',,x bhp ~,. I(XX) ~ct'i,,, .... ~ ........ Ill,x~k ..... ~ ......... lot ..... ~.; ..... fkdxlivisi~x~ ...................................... Fihxl ~1) ~) ................ l~t ............... (~,~) 2. StaLe exisLinl~ u~ a~xl ~o,pn~ of i.o,i~s alxl inte~xhl uso alxl cx:(:~p..:y of prolx~ c~sLrtlction: n. Existing u~ a,xl ~cul~y ...... ~((~. ~{~ ~ ~g/~ t,. ..... &5 5 ................................................................. I~:l.,i~- . ........... I~,~val ...~.~ ...... IL~,~)I iii[., ............ ()Iht.., I~..l(~./~..~l).~.l.~. ....................... ( ~ fh~k ) (l~.crild:il~l) ,,. ,~.,,~,,:~,,,~.~ ~.~ ................ ,.~ ....... ~.~ .............. : ................. 6. If Ix,~l~u~, [~lm~'cial or mi~l ~CUl~:y, Sl~cil~y ,~ilure m~l e~te~ll o[ ~m:h lyl* o~ ~ ...................... ILisht ......................... ~lit~[ i)f filo['ie~ ...................... m. ~.~ ,,~ t~,,-,:h..~ ..................... t~,,,, ,.: ~,.,,~, ~,,~:, ...... ~...~.~. ......... 11. ?~ [)[ u~ ~li~[l'ic~ i~ ~ili[]l i~l~.i~ ~[e ~il~t~l .............................................................. i/I. I~ll~ Ill~ (~1~1' (J~ I)[lllJi~ ......... *. .................. ~Jill~tiJl .............................. J]l{~ ~) ............. ~,l~ [~1: [~Xil [il(:lil~ ................................... ~Jl(~[i~i ............................... J]l~}l~ ~1 ............. I'I.OT l) I I[~:ill~ (:J~lllly lllil IJi~[Jl~l:Jy Ill l I/IJl(JJlll[~, T]li~lJl~[ I~J~l Jill[ o1: llll)lXiSmJ, lll~J JlllJ(:ii(~ ~J I s~[-J~:k '..'iii le I~[l:olll~ll REC,~'ED TOWN OF SOUTHOLD, NEW YORK DEC .~. ~I~AL FROM DECISION OF BUILDII~IG INSPECTOR APPEAL NO. 8outhoM Town Cle~ DATE ...~/:.~..~.~. ...... TO THE ZONING BOARD~F APPEALS, TOWN OF SOUTHOLD, N: Y. ,. ~w.~ ..... ~.~c~ ..................... o, ..~...~U~ ~ ........................ Nome of Appellant Street and Number ............. ~.~.~ ............................................................... THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ................ ........................ Name of Applicant Jar permit of ...~. ~.... Z-,-/?~,~.~..,~.~ ........ ~.~.~.~...~e. ............ ~!/. ................... "' Municipality 'Stat~ Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~.~....~.....~Z/./.'....~..~...~/..~.~..~..~_~.f.....~.~.~../.~/~.. ...................... Street /Hamlet; / Use District An Zoning Map District 1000 Section~7 Block ~ Lot 2 ~ - '~u'/f/v~ ~*~'.¢'/.f-~' ................................................................................ ..burrenc Owner IV~op No. Lot No. Prior Owner. ,,."_:7'~ ~/~A/~-' 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 Ordinances) Article ]]'~//~ Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ("~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 () PREVIOUS APPEAL A previous appeal (has) ~s no~) been mode 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 o variance and was mode in Appea! No ................................. Doted ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that T'orm ~.l~! I (Continue on other side) REASON FOR APPEAL Conlinued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because /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 3. The Variance would observe the spirit of the Ordinonce end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becouse STATE OF NEW YORK ) COUNTY OF /d~/~V/ ) Sworn to this ....................... ~..?. ................ day of ................................................... Notary Public WAYNE ULRICH NOTARY PUBLIC, STATE OF NEW YOR~ QUALIFIED IN NASSAU COUNTY _ 1880 COUM EXPIRES MARCH 30 ~IIOWN OF SOUTHOL~t- ~OPERTY RECORD CARD OWNER STREET__S) ~,~ 2~ VILLAGE DISTRICT SUB. LOT ~ d. ~n~ ~ ~, . .~'~ ~' ,': ~'~~ ~ ACREAGE RES.~/5 S~S. VL./ ::. F~RM COMM. IND. CB. MISC. Est. Mkt. Value ~ND IMP. TOTAL. DATE REMARKS~ ~:~0 ~,/~/ .. FRONTAGEON WATER /&~. FRONTAGE ON ROAD Tillable 1 BULKH~D '¢~/~ Tillable 2 DOCK Swampland ~: i I . I Brashlan~ ~ ,~ , House Plot Total ~p ~ ExtensJo~ Extension ~xtension Garage O. B. ~qo Foundation Basement Ext. Wails Fire Place ' Patio Driveway Porch Porch ,/ Bath Floors Interior Finish qeat Roof Type Rooms 1st Floor Rooms 2nd Floor Dormer ! I / / / ? / o~- L.,~,'~ D 0~' ..~C...'T'~ 'OL-D N.Y. CERTIFIED TO~ DOANE PASCALE BETI-IPAGE FEDERAL CREDIT UNION COMMONtCEAL TH LAND TITLE fNSURANCE COMPANY SURVEY OF PROPERTY A T LA~ WA TERS TOWN OF SOU~LD SUFFOLK COt. I~_~Y~ NY. 1000 - 87 - 03 -O~ Scale: 1~ 20 Sept. 4; ~7 O~ ~ESCTION ~09 OF' THE NE~ YORK ~ST ~ B.Y ANY A~ ~L ~GHT-T~A~ ~ NOT ~ 1230 $OUTHOL~, DEPARTMENT OF PLANNING -COUNTY OF SUFFOLK SUFFOLK COUNTY E~J~JJ~iF~I~ March 10, 1998 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Plmming Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local detemaination should not be construed as either an approval or a disapproval. Applicant(s) ker, Donald cale, Duane Williams, Shawn & Dawn Moore, William & Patricia Scannell (Herbert) & Reetz (Sarah) Municipal File Number(s) 4527 4531 4532 4535 4546 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc OFFICE OF BOARD OF APPF.,A:LS 53095 l~i-' Road. Southold, NY 11971 (1-516) 765-1809 ~. (1-516) 765-1823 f~ Variance from the Zoning Code, Article IliA , Sectio~oo-3OA.f Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: A~pIicant: Location of4¥~fected ' Duane Pascale Land: 3520 Minnehaha Blvd., SOothold, N.Y. County Tax Map Item No.: 1000- 87-3-8 Within 500 feet of: 11971 Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Bounder7 of Existing or Proposed County, St~ate or Federal Park or other Recreation Ar~a Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Comments: Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Applicant is requesting permission, to build a new deck. '~pies of Town file and relacea ~ocumen:s enctoseo for your review. Dated: /%SX APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 March 2, 1998 Mr. Duane Pascale 652 Franklin Avenue Garden City, NY 11530 Re: Appeal No. 4531 - Deck Setbacks and Lot Coverage Dear Mr~P sa~eale: Please find enclosed a copy of the Beard's determination with alternative relief, with conditions, rendered at our February 26, 1998 Meeting. We have furnished the Building Inspector's Office with a copy of the enclosed ZBA decision as an update to the December 15, 1997 Notice of Disapproval. It is our understanding that you will need to submit a plan with the Building Department which will meet the alternative relief conditions as the next step in the building-permit review process. As you know, no construction activities are permitted until a building permit (and other required approvals) have been issued. Very truly yours, Beard Secretary Enclosure (Copy of ZBA Decision) cc: Building Department, Attn: Ed Forrester MEMO FOR FILE UPDATE BY ZBA OFFICE Info Confirmed by Mi'. Pas~le per Telephone Conference with ZBA Office Staff on F~iday, 12/19. The total lot coverage cenfirmed by applicant is noted as follows: House (ground floor area) Accessory Building ("boathouse") Detached Shed Total R~risting 1725 sq. ft. 384 sq. ft. 137 sq. ft. 125 sq. ft.' 2369 sq. ft. .Proposed Square Footage: 3279 sq. ft./ ~~ercen~ of 12,007 sf lot: --~ ~) 7.3% over 20% limitation. - /~'- ~/' MEMO FOR FILE UPDATE BY ZBA OFFICE Info Confirmed by Mr. Pascale per Telephone Conference with ZBA Office Staff on Friday, 12/19. The total lot coverage confirmed by applicant is noted as follows: House (ground floor area) Garage Accessory Building ("boathouse") Detached Shed Total Existing 1725 sq. ft. 384 sq. ft. 137 sq. ft. 125 sq. ft. 2369 sq. ft. Proposed Square Footage: 3279 sq. ft./ '~,mr~#ff~Percentage of 12,007 sf lot: --~ ~ 7.3% over 20% limitation. BOAR;) OF APpEALS:TOWN OF SOUTHOLD In the Matter of the Appilcation of AFFIDAVIT (Name of Appli-mnts) AFFIDAVIT OF M~arMNG AND POSTIN.G. COUNTY OF SUFFOLK) or New York, being duly sworm, depose and say that: 1) On the /~ ~" Z~d/.~/~/dF'' 19SV I personally ,,~ed, da~ of , ~-~, certified mn{l~ return rec~_ ~pt requestedz a true copy of the to .~_h of the following ;~a~ed Legal Notice, addressed persons at the addresses set opposite their respective.n-roes, that the addresses ILsted below are those shown on the current assess- merit rolls o[ the Town o~~Southold; 'that said Notices wers ~ed at the United States Post office to each o~ said persens by certified mail, retur~ receipt requested: Name of Surroun~nff, Property. Owaer_ M~{l{n~, Address 2 On tl~e /---I u<~y _ ,. ~: -~ Block ~ _, Lot ~ _, Dy pmCmg ~a~ ~ -- . or closer, f~m the p~per~ ~e f~c~.m~ s~t ten (10) feet. · ..... ~ ~t I have ch~Xe~ ~o oe s~ / ~' ~he Bo~ of ~ w~n ~- (~e~e/ ~ ~ ~ o~7:c~ a~ -- 4 Buff Lane Bethel, CT 06801 December 30, 1997 (203)794-0485 (203)792-4441 (machine) Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals 53095 Ma'm Road Southold, New York 11971 RE: REQUEST FOR A VARIANCE OF PROPERTY SETBACKS, APPLICATION ~ --~v~,~5.5~ Dear Mr. Goehringer: Our comment in regard to this request, is that the proposal comply with all regulations of governing jurisdictions. Robert C. Holzer 0 SURVEY OF PROPER TY A T LAUGHING WA TERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NY. 1000 - ~7 - 03 - O~ Scale: I" = 20' 'l MEMO FOR FILE UPDATE BY ZBA OFFICE DEO 2 2 .... Info Confirmed by Mr. Pascale per Telephone Conference with ZBA Office Staff on Friday, 12/19. The total lot coverage confirmed by applicant is noted as follows: House (ground floor area) Garage Accessory Building ("boathouse") Detached Shed Total Existing 1725 sq. ft. 384 sq. ft. 137 sq. ft. 125 sq. ft. 2369 sq. ft. Proposed Square Footage: Percentage of 12,007 sf lot: 3279 sq. ft. 7.3% over 20% limitation. cc: Applicant 2.o ! TX I$¥/Nr~ f if, H~EI~ HT- I[~ ~ ~boW' ~oun~L. ~_ ~I'EP.~-To ])ECl<, ~T~Ps 'TO 6-~'oue~O S"F£PS To Lo'~/[g DeCK L~ FT S~ ~E ~CALE'- 5TM !ti i!iii!~/ [tltl I1111111111111111111t111t /111111 ~ ? It!IUItlIIli I II II It iltili1111 4 FOLLOW-UP and UPDATE FOR YOUR RECORD: TO: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: <~)~ /~ , 1997 /~ RE: Pending Application of~ ~ Attached is an (original)(~p.~f ' , - - ~ q_ new information add'ed to the above official Town ZBA file. c]~,~,~ ~, .,.C .~ ) Other Comments: ( ,~. ,~o /s /a. co'~,~. ~ # of Pages Attached: ~/ ) P~aeed in ~embe.~' offiee m~ boxes fo. u~da~e o. '~'V~ b~f__. Board. Trans parW of the t-ucs~ part. aad DUAN1= J. pASCAl. F-. r~idmg at 26~ S~'w~ Avenue, G~rd~a City. lqew York 11530 SAID Pre~fi~e~ be/nE a~so know~ ns 3520 Iviinnzt~sim Blvd.. Southold. Nc,w York TOGETHER with a/I r~[ht, tiflg am/ ~n~-~r~t, if nny, of the ~ o£ the fit~t ~ in anti to any Stl~ts and mnt~ ~bu~'ini the ~bov¢ de~ p~=~i~ ~ thz mt~n~ lines Q~t~of; TOGETHF.~ with the appunm-~mtce~ ~d nil thc e~tato ~nd rights of th~ parD, of th~ ftrst p~t m and to snid p~emi~es: TO HAVE AND TO IIOL.D the prem/se~ IN pRE.~F. NCE OF: --Cme'~ ~=I:N F. YOUNG Jul -97 10:13A P.02 Car[sin plot, piece or parcel of land, with [he buildings and improvements thereon ereCted, sit, Jato, lying and being at Laughing Water, near $outhold, Town of Southold0 County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersect/on of the northerly side of Owaissa Avenue with the easterly side of Minnehaha Boulevard; Running thence along the easterly side of Minnehaha Boulevard, North 33 degrees 48 minutes 00 seconds West 100 feet to land of Burton and Lucy E. Michaels; Running thence along said land of Michaels, North 34 degrees 33 minutes 00 seconds East 143 feet more or less, to Corey Creek; Running thence along Corey Creek measured on a tie line beadng South 13 degrees 31 minutes 00 seconds East 123.35 feet to the northerly side of Owaissa Avenue; Running thence along the northerly side of OWaissa Avenue South 34 degrees OB minutes 00 seconds West 98 feet to the comer aforesaid at the poin~ or place of BEGINNING. TOGETHER with a right of way over said 20 foot private road knOwn as "Owaissa Avenue' from the southwesterly corner of the premises easterly to Corey Creek. TOGETHER with all of the right, dTJe and interest of the part~ of the first part, if any, in and to land lying within the bounds of Minnehaha Boulevard and Owe/sa Avenue adjacent to saic~ premises to the center line thereof. TOGETHER with any and all rights of the party of ~he first part, if any to the use of roadways and beaches above mean high water, jointly owned'by the Laughing Waters Property Owners Association or used jointly by all Laughing Waters Property Owners. /=or Information Only: Said premises known as; 3520 Minnehaha 8oulevard, Southold, NY. · co)~veya)~c/ng onl),o Tegelher wk~ all right, title and interest of, in and to any s~ee~ a~ AND RECORD RESOURCES,INC.. 100 GARDEN CJ~ P~ZA. SUI~ 410. GARD~ C~,NY 11530 (516)739-9500 F~ (516173;;~q0 December 19, 1997 Mr. Duane Pascale 652 Franklin Avenue Garden City, NY 11530 Re: Variance Application for New Deck Areas Hearing Date: January 15, 1998 Dear Mr. Paseale: For your records, please find enclosed a copy of the Legal Notice which will be published by our office in the next weekly issue of the Suffolk Times. Please send a copy of the enclosed legal notice with a cover letter including your telephone number and a copy of the proposed map showing the proposed area of new occupancy or new construction, by certified mail, return receipt requested, to all surrounding property owners. These mailings must be done by 12/29 and must be sent to all owners of vacant or improved ]and across streets and along sides abutting your land. Please also post the enclosed sign within ten (10) feet of the front property line facing the street for a period of seven (7) days (or longer at your choice). As proof of same, please return the following to us: a) completed Affidavits of Mailing and Posting: b) postmarked receipts from the post office showing the date you mailed the notices by certified mail; c) green signature cards once they have been received (you may return to us during the hearing, or before). If you have questions, please feel free to call. Very truly yours, Enclosures lnag. 97/appl. new Linda Kowalskl ADDITIONAL HEARING(S) SOUTHOLD TOWN BOARD OF APPEALS THURSDAY~ JANUARY 15~ 1998 NOTICE IS HEREBY GIVEN, putS,rant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS~ at the Southold Town Hall, 53095 l~.in Road, Southold, New York 11971, on THURSDAY~ JANUARY below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4531 DUANE PASCALE. 15~ 1998 at the times noted Based upon the Notices of Disapproval dated November 10, 1997, revised 12/15/97, and Disapproval dated November 17, 1997, applicant is proposing to build a new deck addition and requests Var/~nces under Article IIIA, Sections 100-30A.3, Article XXIV, Sections 100-244B and 100-239.4B, for increase of lot coverage over 20%, reduction in setback from the front property line, and reduction in setback from b, dkhead. Location of Property: 3520 IMinnehaha Boulevard, Southold; Parcel No. 1000-87-3-8. 6:55 p.m. Appl. No. 4501 - ELEANOR NAGY. (Hearing carryover from September 25, 1997.) Applicant is requesting a Waiver under Article II, Section 100-26 based upon the July 7, 1997 Notice of Disapproval of the Buildin~ Inspector which states: "(1) under Article II, Section 100-242%. (1) land area identified as 1000-27-4-2 and 1000-27-4-3 were created by deed in 1965 and do not meet the minimum lot requirements (12,500 si) and (2) under Article II, Section 100-25A, total land area merger exists for 1000-27-4-1, 2 and having been held in common ownership after July 1, 1983." Location of Property: Harbor Road, Orient, NY. Page ,~ - Additional ~rings Southold Town Board of Appeals Meeting to be held January 15, 1998 lA0P0 7:10 Appl. No. 4532 - SHAWN an____~_d DAWN WILLIAMS. / p.m. plicants are requesting a Variance under Article III-A, Section / / -30A.4, based upon the Bui]dlng Inspector's November 19, 1997 Notice/ of DisaPproval for the proposed relocation of existing accessory shed tok.~ a new location in the front yard at a distance closer than the required/ 20 feet to the north (side) property line. This parcel col~tAin.~ a total~ lot size of 81,921 sq. ft. Location of Property: 405 South Drive,~ Mattituck, NY; County Parcel No. 1000-106-11-20; Lot D on the 1914~ Filed Map of Shore Acres. 7:15 p.m. Appl. No. 4532 - DEBORAH LYONS and ANDREW COHEN. Applicants are requesting a VariAnce under Article XXIV, Section 100-244B and Article III-A, Section 100-30A.3, based upon the BuiJding Inspector's December 15, 1997 Notice of Disapproval for construction of a wooden deck: (1) at less than the required 35 feet from rear property line, and (2) exceeding allowable lot coverage. This parcel contains a total lot size of 8,276+- square feet and is known as 355 Skippers Lane, Orient; County Parcel No. 1000-24-2-4. 7:20 p.m. Continuation of HAY HARBOR CLUB, INC. Project location: Fishers Island, NY. The Board of Appeals will at said time and place hear any and all persons or their representatives desiring to be heard in the above application. The hearing will not start before the time designated, and written statements may be submitted before the hearing ends. The flies are available for review during Town Hall business hours (8-4 p.m.). Page ~ - Additional Hearings Southold Town Board of Appeals Meeting to be held January 15, 1998 If you have questions, please do not hesitate to call 765-1809. Dated: December 18, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairm~n By l,inda Kowalski xx LNAG. 97/agl. 15/p7-8 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 December 16, 1997 FACSIMILE TRANSMISSION 747-0097 Mr. Duane Pascale 652 Franklin Avenue Garden City, NY 11530 Re: Appl. No. 4531 - Proposed Deck Addition (Variances) Dear This will confirm that the public hearing on your variance requests has been calendared for Thursday, January 15, 1998 at 6:45 p.m. Also, during board member reviews, the following information is requested to be confirmed by you: a) please show on a sketch: 1) the setback distances from the corners at the southeasterly end to the edge of the bulkhead; 2) the setback distance from the corners to your property line along Owaissa Avenue. b) please bring an original survey revised 12/4/97 to the hearing. I was able to obtain a copy of your deed dated June 25, 1997, and a copy has now been made a part of the ZBA file. Thank you. Attachment: Copy of 12/15/97 Building Inspector received today. Very truly yours, Linda Kowalski Board Secretary Amended Disapproval issued by the Albert J. Krupski, Presidem John Holzapfel, Vice President Jim King Martin H. Garrell Peter Wenczel Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 3une 3, 1997 -i~ D. uane J. Pascale JUN - 5 I99T 952 Franklin Ave. ~ n-.'~ Garden City, NY 11530 ~._~.~ ~T ~. scm #87-3-8 /) Dear Mr. Pascale: The following action was taken by the Southold Town Board of Trustees on Wednesday, May 28, 1997: RESOLVED that the Southold Town Board of Trustees grants a Waiver to remove existing shed and construct a deck approx. 15' X 57'6" X 27'6", also to cap existing cinder block bulkhead with railroad ties at a maximum height of 8" for the entire length of the bulkhead with 12" uprights at 10' intervals as per drawing received May 23, 1997. Located Minnehaha Blvd., Southold. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, President, Board of Trustees AJK:jmd cc: Bldg. Dept. ZBA November 18, 1997 FROM: Duane J. Pascale (Young) 3520 Minnehaha Blvd Southold, NY 11971 Daytime Phone: (516) 747-1616 Evening Phone: (516) 565-5717 or (516) 248-1604 TO: Southold Town Board of Appeals Southold, NY 11971 Dear Board of Appeals; Enclosed is a check in the amount of $400 in addition to all the required documentation that you require for the variance, including the Southold Board of Town Trustees approval letter. Please note that also enclosed is a letter from Dr. Jan A. Koeni~ M.D. regarding my medical condition directly relating to my request for this variance. If you need more specific information (i.e. X rays, etc.) regarding my condition I would be able to furnish it upon your request. I can be reached during the work week at (516) 747-1616. Please call me if any further information is needed. RYAN MEDICAL ARTS BLDG. 2000 N. VILLAGE AVE., STE. 306 ROCKVlLLE CENTRE, NY 11570 TelePhONE: {516) 678-2232 FAX: (516} 67B-8405 CERI~UTI AND KOENIG, M.D., P.C. JORGE S. CERRUTI, M.D. JAN A. KOENIG, M.D. DIPLOMATES, AMERICAN BOARD OF ORTHOPEDIC SURGERY FELLOWS, AMERICAN BOARD Of ORTHOPEDIC SUR(~EONS FELLOWS, AMERICAN COLLEGE OF SURGEONS June 6, 1997 Town of Southold Building Department Variance Appeals Board MINEOLA MEDICAL CENTER 175 MINeOlA BLVD., STE. 303 MINEOLA, NY 1 TELEPHONE: (5 I 6) 74 1-5055 Fax: (516) 294-46~8 RE: Duane Pascale Date of Birth: 4/16/53 3520 Minnehaha Southold, NY Blvd. Dear Sirs: The above captioned patient has been under my care for many years. He suffers from post-traumatic osteoarthritis of both ankles and chronic tendonitis of both arms. He has required periods of casting immobilization, physiotherapy, anti-inflammatory medications, and limitations of his lifestyle, such as no running and no walking on uneven surfaces. Becaus~ of his ankle condition, he has been required to use a cane in the past. However, because of arm tendonitis, he cannot use a cane. He has much difficulty walking on uneven surfaces, including up and down inclines. His daily routine included a stretching program for his very stiff and painful ankles. The patient has informed me that he has recently purchased a home in your town and would like to enjoy his back yard. However, because of the incline, he cannot walk on this sloped surface and he would like to construct a flat wood deck. I think this is medically indicated. Please extend to this patient any allowance referable to this chronic condition. Very truly yours, JAK: 1 vy REASONS FOR AREA VARIANCE ONLY Do not ~Jse these stertda.rds for exception." (Also attach sheet~ i. An undesirable change wll. I. NOT be p~:och~ced In the the neighborhood or a detrLment to nea~l)y pr_operties, BECAUSE: l.f granted 2. The benefit so~ght by I:he apptLcant CANNOT be achJ. eved by so,ne method, feasible for tile applicant to pur.~le, other than an area .' variance BECAUSE: 3. The smou~lt of relief ~equested Is not .~ul)stantla[ BECAI.J,qE 4. 'File variance will NOT have all salver, se effect or impact on the physical or environmental con(Il. Lions fen the neighborhood oc dl. str.l, ct BECAUSE lies tire alleged d[fELcutty been ( ) Yea. ( ) NO. -created? 6. This Is tire mJ.n[mum that Js necessaE¥ arrd adequate, and at the same time preserve a;~(I p~:ol:(3ct the (:har. a(;ter, of tile nel. ghl)orhood and the health, safety and welfare of the commun.lty. STATE OF NEW YORK) COUNTY OF SUFFOLK) Sworn to before me this ;xtlk/form. var/temp Agent mus]Y attach written consel]t from owner. ~'~ day of /x~'~x// , 19 °"--7. % Nb ~ a-r y Public WAYNE ULRICH ~.. ,~ ~_PUBLIC' STATE OF. NEW YOR~ The following is a response to each of the "area variance standards": MAIN FACTORS 1) The benefit to the applicant if the variance is granted Due to a medical condition my mobility is extremely limited outside the home. The variance would allow me to fi:eely move about the yard, while a hard flat sttrface substantially reduces fiuther risk of injury to my ankles. Please see medical doctor's letter enclosed. 2) The detriment to the health, safety and general welfare of the neighborhood or community that wouM occur if the variance were to be granted. None. ADDITIONAL FACTORS 1) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties if granted. On the contrapy, it would enhance the beauty and value of the neighborhood as agreed to by the Town of Southold Trustees approval. 2) Whether the benefit sought by the applicant cart be achieved by some method, feasible for the applicant to persue, other than an area variance. Perhaps a poured concrete patio, but that would involve changing the gradation of the land to make it level and would cause a water nmoffproblem due to lack of drainage. 3) Whether the area variance is substantial. That is the board's determination, but I would like to state that even though the deck would exceed the allowable lot coverage please consider that it is not additional enclosed living space, but a wood deck. Over 80% of the deck is only 18" in height. 4) Whether the variance will have and adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Drainage would be a concern especially flit were an enclosed living space with a root~ gutters and leaders creating concentrated runoff A wood deck would have spacing of the floor boards which would help drainage. In addition, we are asking to remove a boat shed (approx 90fi) and concrete walks and a patio (approx 390R) which would account for a total of approximately 480 square feet of soil to be returned to the yard. 5) Whether the alleged difficulty was self created, which consideration shall be relevant to the ZBA 's decision but shall not preclude the granting. No. 6) The ZBA will grant the minimum variance that it shall deem necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. ~.. ~ UOTAFIY PLIBLIG, STATE 0[' NEW ¥0~g ~ x~,..~- ~,.,ro"~'-~o QUEST!CNNAiRE FCR =r~_~_jG W!TH.i YGUR Z.B.A. APPLICATION A. Please disclose the names cf the owner(s) and any other individuals (and entities) haviag a fiaancial ' o~= - subject 9remises and a description of ~heir i~terests: (Separate sheet may be attached.) B. ~Is ~e su~jecu pr~--m~ses Ltsue= on the real es=ace markau for sale or being shown to pros~.ec~ive buyers? { } Yes C. Are there D. !. Are the-= a~y areas which ccnua~_n weu!and grasses? 2. Are the weu!and areas shcw~ cn ~e ma~ s"~u~-iu-.ed will this ~??~ ~-:-~" ~u~e__-c .-.we-_ ~e weu!~ds area _ . ~e ~ .... c .~_~-g ~--. 4. _. ycu_ ~--~e--! c ...... s we=i~cs or ucnd areas, ~cu ccn~actad ~e Off Lee of ~e Tcw~ T~s=aes for i~s ce .... ~_aa=_.n of juris~cUicn? ....... a depression cr s!cuiac. . elevation ne~ =ne =re~- _ of preucsad ccnsurucuisn a~ cr be!ow five feet ~ove menu sea __~e_. . (if not a~=_,_~_., state "N.A.") F. ~e ~h~ any pa~ics, ccn~eta ~riers, b~eads ~ s-~t~ng? ~ If none exist, please state "none." G. Do you have any const~=cticn takir~g place at this time ccncer?.ing your pr~mises? ~0 If yes, please submi~ a copy of your buildiag 9ermi: and map as approved by the ~ui!ding Department. If none, please state. ~{- Do you or any cc-owner also own o:her land close to this parcel? ~Q If ~es, please ex,.lain where or s-~mi~ cc~ies of deeds. ~ Please lis: present usa or c~e ....... s conducted at this parcel . C¢~ ~W~6¢ and Au=n~eC/Siena=ur=- aec Da=e Southold Town Board o APPeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPHH. SAWICKI ACTION OF THE BOARD OF APPEALS JAMES DIN~ZIO, JR. Application of JAMES YOUNG for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition to dwelling with insufficient frontyardsetbacks from the westerly and southerly property lines. Location of Property: NE/s Minnehaha Boulevard at "Laughing Waters," Southold, NY; County Tax Map District 1000, Section 87, Block 3, Lot 8. WHEREAS, a public hearing was held and concluded on Octo- ber 26, 1988 in the Matter of the Application of JAMES YOUNG under Appeal No. 3784; 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, 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 made the following findings of fact: 1. The premises in question is located along the easterly side of Minnehaha Boulevard and the northerly side of Owaissa Avenue, in the Hamlet of Southold, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 3, Lot 8. 2. The subject premises is improved with an one-story frame dwelling and accessory storage shed, all as shown on the survey map prepared by VanTuyl & Son as surveyed August 26, 1971. Pa~e 2 - Appl. No. 3784 Matter Of JAMES YOUNG Decision Rendered November 16, 1988 3. Article III, Section 100-31, Bulk Schedule, Column "A" of the Zoning Code requires a minimum frontyard setback at 35 feet for a principal dwelling structure. 4. The relief requested by this application is specifically a variance from the required 35 feet to 27+- feet for the construction of a 16-ft. by 24 ft. addition at the southerly end of the dwelling structure. 5. The dwelling as exists is shown to be set back 33 feet from the westerly front property line along Minnehaha Boulevard and 18-1/2 feet from the front southerly property line (along Owaissa Avenue, a paper street), at its closest points. 6. It is noted that the lot in question is nonconforming as to lot area, width and lot depth, limiting the permitted building area. 7. In considering this application, the Board also finds and determines: (a) the relief requested is not substantial in relation to the established nonconforming frontyard setback from the southerly property line; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (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 interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3784in the Matter of JAMES YOUNG for a 16 ft. x 24 ft. proposed addition with an insufficient frontyard setback from the westerly property line at 27+- feet and from the southerly property line at 8+- feet feet, as shown on the sketched survey Pa~e 3 - Appl. No. 3784 Matter of JAMES YOUNG Decision Rendered November 16, 1988 submitted for consideration, provided there be no further expansion of the dwelling other than as exists or applied for that will violate the minimum 35-ft. frontyard setback provision of the Zoning Code. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Sawicki and Dinizio. (Member Grigonis was absent (out of state). This resolution was duly adopted. _- GERARD P. GOEHRINGER, ~HAIRMAN Index records of prior ZBA actions for waterfront lots in the following Sections and block are noted as follows. ZBA files are available for review of maps and contents, if needed. Section 87, Block 3 t~.~.9~ ~ ~2411 5/4/78 H. Thom~-~. Yard setbacks at west end for addition; als--~-~88 granted 2/2/78 for front and side yards for addition; also #4475 Mary'~etti den~ed side yard setbacks for addition 6/19/97. ' fAYrd 7 ~2974 Lucy Michael 5/18/82 approved accessory b. side . ~inneh~bo Bid, Sld. lso ~29~9 approved 8/8/82 for deck in rear yard. _ t 45 Prieto 11/4/76 #2208 CApp. of addition setback. - ~ Minneb~hA and Opechee Ave. ~Lot 57 Lohn #2311 8/4/77 appr. accessory on prop. line. Also #3937 5/15/90 Deck approv, setback from b,~l~head. Section 87, Block 4 I Lot 6 Bursg 10/4/89 #3865 second story .addition, rear and side ' se tb~'cks approved. Also 2/23/93 #4153 accessory setback. Alt. Relief granted. f~Lo~t 7 Lindveit #3985 12/12/980 addition, side and total sides, /and within 75 ft. of bulkhead. Cond. approval at feet ~from bulkhead, Also #2085 10/16/75 in front accessory yard Draftact/87-3-8/p8 SOUTHOLD TOWN BOARD OF APPEALS -10- May 4, 1978 7:50 P.M. (E.S.T.) upon application of Harold and Virginia Thomas, 91 Avenue C, Port Washington, New York, for a variance in accordance with the Zoning ordinance, Article III, Section 100-32 and Bulk Schedule to change a previously approved addition from east to west end of dwelling. Location of property: north side of Minnehaha Boulevard, Southold, New York, bounded on the north by Corey Creek; east by Bugdin; south by Minnehaha Boulevard; west by Haggert. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publi- cation in the official newspapers, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Joseph Bugdin and Henry Haggerty. Fee paid $15.00. THE CHAIRMAN: The applicants originally proposed to place the addition on the. easterly end of their house and now wish to change it to the westerly end. ! guess it is the same addition. Is there anyone present who wishes to speak for this application? F~kROLD THOMAS: I think the thing that brought this about was that the first appeal was made in kind of a hurried situation. It just seem more logical at this point to do it ~%is way. The dwelling sets crooke on the lot. This would take advantage of that and the addition would present itself better to the neighborhood on this side of the house. It would look more cramped on the other side of the house. But as far as our use is concerned, it is basically the same. However, it was change from the beginning in that we have put a small room to the rear of this We did not have this the first time. This was an afterthought. THE CHAIRMAN: So it is a little large, than it was before? It looks a little larger. HAROLD THOMAS: THE CHAIRMAiq: the house. HAROLD THOMAS: I think appearance wise, it will look less congest Don't you have more room on the westerly side of Yes there is on the front. Actually on the side The house is on anangle to the lot. It is an odd and THE CHAIRMAN: shaped lot, 80 feet on the water, 88 feet on Minnehaha Boulevard, is a trapezoid. There are a!ot of bad angles. It is on corner of a road where the road turns and there are bound to be lots like ~his. THE CHA!RM~N: Does anyone else wish to speak for this applicatio~ (There was no response.) Does anyone wish to speak against this application? (There was no response) $OUTHOLD TOWN BOARD OF APPEALS -11- May 4, 1978 After inspection and investigation the Board finds that the applicant requests permission to change a previously approved addition from the east to the west end of dwelling, and that this will not change the character of the neighboring district. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion of Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Harold and Virginia Thomas, 91 Avenue C, Port Washington, New York, be GRANTED permission to change a previously approved addition from the east to the west end of the dwelling. Location of property: north side of Minnehaha Boulevard, Southotd, New York, bounded on the north by Corey Creek; east by Bugdin; south by Minnehaha Boulevard; west by Haggert. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Grigonis, Maimone. t:00 P.M. (E.S.T.) upon .application of James F. McFa~ lourt, Floral Park, New York, for a variance in acc( with the ~ing Ordinance, Article Iii, Section 100-32 Schedule Lace a storage shed in the front yard. of Property: Peconic Bay Road, Cutchogue, New Lot no. on Map A of Point Properties." 237 The Chairman o the hearing by rE the application for a variance, legal notice hearing, affi~ attesting to its publi- cation in the official .pproval from the Building Inspector. The Chairman als from the Town Clerk that notification by certified mail been made to: Ernest Midgett and Nancy Knapp. Fee paid $15.00 T~E CHAiRMA~N: The is the -~r of lot no. 17 on Little Peconic Bay Road, Nas.~ Point, and it is a y shaped lot on a curve in the road frontage on the road feet, the depth one side 178 ~proximately, and there is app ~tely 100 feet on the Creek. applicant's house is more or less cen~ally located. Like many pe~o who live on the water, the legal front yard, s usually · H.E CHAl_~a_~xN: Is there anyone ~resent who would like to speak~ application? ' Southold Town Board of Appeals -11- February 2, 1978 motel guests safety during a few thousand feet any new motel would strip development. In our opinion, the reasonable residential adjacent subdivision, and would of the area as well as having id, in our opinion, not be an appropriate use. Public wat~ is ava ab~ )ublic sewage is not. The Board also finds that the c a ~tial beach area of approximately 190' on Long Is Sound co~ sisting half-acre or more zoned Residential and lo( directly across CR27 the proposed motel use. There would great hazard use the beach, adversely traffic and use of a motel. Two o: three motels wi the proposed motel exist~ prior to zoning; how~ .ish an undesirable ~nt leading to furt use tend to hinder the orderly · property, particularly th~ affect the residential charac effect on traffic and saf~ · ~~ The Board finds that convebi~nce and welfare and justi~ w1££ not be served and th~ . establishe~r permitted use of nei¢ borho~d property and ad~ning use districts wilde permanently or stantlally in]ured.~_~ spirit of the Ordinance~ not.be observec On motionb/y~. Gillispie, seconded by Mr. Grigon~it was RESOLVE~.John Xikis, 32-55 Steinway Street, Astoria, ~k~ York, be DENIED~rmission to construct motel, south side CR27, Gree~rt, New ~ ..... ./Vo~e of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, PUBLIC HEARING: Appeal No. 2388 - 8:05 P.M. (E.S.T.) upon appli- cation of Harold and Virginia Thomas, 91 Avenue C, Port Washington, Ne~. York for a variance in accordance with the Zoning Ordinance, Article Ii Section 100-31 and Bulk Schedule for permission to construct addition with insufficient front and side yard setbacks. Location of property: North side Minnehaha Boulevard, Southold, New York, bounded on the nor± by Corey Creek; east by J. Bugdin; south by Minnehaha Boulevard; west by H. Haggerty. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publiCat in the official newspapers, and disapproval from the Building Inspecto~ The Chairman also read statement from the Town Clerk that notification certified mail had been made to: Joseph Bugdin; Henry Haggerty. Fee. paid - $15.00. THE CHAIRMAN: The County tax map indicates that this lot is irregular in shape on a bend in Minnehaha Boulevard 80' in width at Corey Creek, 85' on Minnehaha Boulevard, approximately 120' deep on the easterly side and a little deeper on the westerly side. The application is to ... is the applicant here? HAROLD THOMAS: Yes, sir. THE CHAIRM_AN: Would you tell us what the problem is here? HAROLD THOMAS: We're trying to get an attached garage to the house. The existing house is sitting askew on the property in order Southold To~n Board of Appeals -12- February 2, 1978 that it face the road on a bend. No matter where you put that house it is going to point either front or to the rear to a side yard. It would almost be impossible to line up the garage with a side yard so that there would be equal distance, whereas the sketch shows only 3' in the front, it is considerably more than that as you go back along the property. THE CHAIRMAN: If the garage were moved further back CHARLES ~RIGONIS: It drops off in the back° THE CHAIRMAN: Say the back of the garage lined up with the back of the house instead of this jug here which Ls about, I don't .know how many feet, I can't read it. Looks tJ.ke several feet. The further back you go, the further away from the side yard you get and that's the question I'm asking, whethcr you can. go back any further. HAROLD THOMAS: ~;o thoughts come into mind, Mr. Chairman. One is that it would obstruct our view of the creek area, which is a beautiful area, and $2, it would tend to interfer with the views of the neighbors. We had talked to one of the neighbors, not the one in question on that side, but the other one and that seemed to be the concern of the area, that we do not obstruct views of Corey Creek. The further back we took this would obstruct these views. THE CHAIRMAN: The land falls off there, I believe, too. A~yone else wish to speak for this application? Anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicant requests permission to construct addition with insuffi- cient front and side yard setbacks, north side Minnehaha Boulevard, Southold, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application o~ the ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate Vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will obse-~-e the spirit of the Ordinance. On motion by M~. Grigonis, seconded by Mr. Doyen, it was RESOLVED, Harold and Virginia Thomas, 91 Avenue C, Port Washington, New York, be GP~TED permission to construct addition Southold Town Board of Appeals -13- February 2, 1978 with insufficient front and side yard setbacks, north side Minnehaha Boulevard, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. ed hearing upon application of James J. Murphy, 3617 freer, Wantagh, New York for a variance in accord~ce with t~e. Zoning Ordinance, Article XI, Section 100-118 ~ & F ~o.r pa_~ssion to reconstruct non-conforming dwelling. /Loca- tion of ~operty: north side Herren Lane~ Southold, ~j~Yo~=rk., bounded on, he nroth by Lon. g Island Sound, east by A./Derosa; south by Ho~ Lane Beach, west by Horton Lane Parking Lot. / THE CHAI~: Does anyone wish to speak for~his application? / SERGE DOYEN. I think they're all outside i i the lobby. ~Ep~l~:who~reThe present for the Murp, y~appeal came.into the meeting hall.). ~ THE CHAIRMAN: The ~V~,rphy application/Was recessed. Is there anyone present who wishes ~o speak for th,~s application now? / RICHARD LA/{K, ESQ.: Th~ applicat~n was presented at the last hearing before the Board.~ The p~titioner doesn't have any further evidence to offer for ~e s~ecial exception. THE CHAIRMAN: Do you recal~why we recessed it instead of postponing the decision? / ~ RICHARD LARK, ESQ.: I ~o not. ~G~D~Y~i E~/.~ gentleman.~kunderstand it ~ ~t~ fora certain THE CHAIRMAN/ I think that was true of ~thle.n Will/nan. THOMAS D/ALY, ESQ.: I have been asked to re~esent th~m. THE cHAYRMAN: But I think it was in connection with ~heir case. THOMAS DALY, ESQ.: THE CHAI~4A~N: Mrs. fo=~it to be recessed? KATHLEEN WIL~V~N: gave the general ... No, with this one. Kath!een Wi!!man, is that u asked I personally didn't but my family, I think, plus you had mentioned that the decision would APPEALS BOARD Gerard R Goeimnger. Ch-;airman Serge Doyea Ja~es Dinizio, Ir. Lydia A. Tortora Maureen C. Ostermann BOARD OF .APPEALS TOWN OF SOU-rHOLD Scu~noid Town Hall 53095 Mit Road RO. Box [ 179 Sotmhold. New York 11971 F~x (516) 765 - 1823 Te!e~one (516) 765- [ 8~ F~ND[NGS, DELIBERATIONS AND DET_. ER~WINAT!ON ADOPTED AT REGULAR N[EETING OF ~3NE 19, 1997 Appl. No. 4475 - ,¥~RY FISCHETTI PARCEL 1000-87-3-q STREET k LOCALITY: 3760 .~Iinnehnha Boulevard, Sour. hold DATE OF PUBLIC EL~RING($): ~May i9, !997 - june t9, 1997. FINDINGS (PROPERTY FACTS): DESCRIPTION: This properW is located in an R-40 Residen~2al Zone District, being situate on the north side of ~innehmha Boulevard wizh 85.0 ft. r~ad frontage and 75.91 ft. fronr~g'e along Cor~.y Cr~-ek (new channel). Th/s lot concaLus a total area of 9,874 sq. ft. and is ~2nproved with ~ one-sto~ f~e ho~e ~ aW~ ~ ~d po~ch, as depicted on a photocopy of sketched survey ~p BASIS OF APPEAL: Building !nspector:s Action of O~sappr~val dated February 21, 1997, wh/ch states that u~der ArticLe XXI~7, 100-244B. omoosed addition 1o existing dwelling will have a :educed side yar~ ~et~ack a~ less' L ham the requ~d !0 f~t ~d less C~ ~eq~ed ~olal of bo~ side yards of ~5 feel. AREA VARLMXICE Rk-r.r~7~ REQUESTED BY APPLIC~MNT: To Io. ~_te tl ft. by 20 fr. addition ar rhe easreriy side leaving a reduced s :[back at nine (9) fee£ at its closers point. Torsi side:rards si.~ also proposed to be reduced from '23 ft. ~.o 12 f~. (9 ft. plus e.-~_~-~ 3 f~. at the weszeriy side Tard). REASONS FOR BOARD ACTION, DESCRIBED BELOW: (A former side yard reduction by town war/ance apparel is cf record. ) (!) The =g-ranting of the area variance ,will produce an undesL~-ble change ..'n character ofae.=,.cor..ooeic,~' a ' or a der~_'.men[ to nearby propert, ies because it is ciosingrin bo~h side yaz"/s. (2~ The benefit sought by .'.he aDpiican~ can be so~ieved by some method, feasible for appiicanr :o pur~ue, or-~er rhmm an arg_a because a s~er ad~cn is ~ossible, or b~di~ ~p (above Page 2 - June 19, 1997 Aooh '-' ~- ~ ~ .' .~ ~44,c: i000-87-3-4 (~.s~het~) Sou~hold Town Board of Appeals (4) The proposed variance w~ll have aa adverse effect or impact on the physical or environmental conditions in the neighborhood or ddstrict because it would be f~u~ng up that piece of property (w~dth). (5) The situation has been self-created. RESOLUTION/ACTION: On motion by Member Dimiz~o, seconded by Member Ostermann, it was -- RESOLVED, to DENY the relief requested, **~rithout ore~udiee. VOTE OF THE BOARD: AYES: Membere Doyen, Din/zfo, Tortcra, Oszermann and Goehringer. (Member Goehringer noted that he would be willing to ~ve alternative relief. ) Tkis reSOlUtiOn was adopted by unan/mous vote (5-0). /.~RE~ARD ?. GOEHRINGER, r/HAiRMAN EaOLUTION ADOPTED *to apply for alternative Actions. 97 ~outhold Town Board of Appeals -25- May 7, 1982 RESERVED DECISION: Appeal No. 2974. Upon application of Lucy E. Michaels, 3570 Minnehaha Boulevard, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory storage building in the sideyard area at 3570 Minnehaha Boulevard, Southold, NY; bounded north by Laughing Waters; west by Tschiember; south by Minne- haha Boulevard; east by Young; County Tax Map No. 1000-87-3-7. The public hearing concerning this matter was held earlier this evening, at which time the hearing was closed pending delibera- tions. The board made the following findings and determination: By this appeal, applicants seek permission to construct an 8' by 10' accessory buildinq in the sideyard area for purposes of storage. The premises in question has approximately 60' road frontage and an average depth of approximately 134 feet. Existing on the premises is private one-family dwelling. The entire length cf the water-lying edge of this property is a functional bulkhead in very good condition. Upon inspection of the adjoining properties, ~he board finds that theproperty directly to the east has con- structed thereon a similar type of structure opposite the requested location. The board agrees with the reasoning of applicants. In considering this appeal, the board dete_~mines that the variance request is not substantial in relation to the code require- men~s; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant(s), 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 har- mony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as applied for and as specified below. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application of Lucy E. Michaels for per- mission to construct accessory storaqe building in the side yard area as applied for in Appeal No. 2974 be and hereby IS GP~NTED, SUEJECT TO THE FOLLOWING CONDITIONS: (!) That the accessory storage bui!dinq be constructed not c!cser than 55 feet from the fron~ property line; (2) That the accessory storage bu .... ng be constructed no~ cL2ser than five feet from ~ne east side p£cperty line. Location of Prope£ty: 2570 Minnehaha Boulevard, Southold, NY; Southold Town Board of Appeals -26- (Appeal No. 2974~ - Lucy E. Michaels, continued:) May 7, 1982 County Tax Map Parcel No. 1000-87-3-7. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Douglass. (Member Sawicki was absent.) RESERVED DECISION: Appeal No. 2972. n application of Anthony Macaluso, 1175 Oak Drive, Southol¢ for a lance to the Zoning Ordinance, Article Iii, Section 100- for permissi to construct deck to dwelling with insufficient sid~ front yard setba s at 1175 Oak Drive, Southold, NY; also referred as Reydon Shores Subd Filed Map 631, Block C, Lots 16 and 17; T~x Map No. 1000-8( 39. The p ~aring concerning this matter was he2 this evening, at whi~ :ime the hearing was declared clog )ending delibera- tions. The board made following findings and =ion: By this appeal, six feet deep into the no closer than 7%' from ~ide pro question has 60' frontage Oak Dri~ A neighbor's dwelling to the ~st of fully enclosed front porch line at approximately 16%'. At question is a small open porch/st deep into the frontvard area at applicant's request'reasonable icant seeks pennis to construct a deck area and northeasterly .lne. The premises in with a depth of 178 feet. subject dwelling has a from the front property of ~he dwelling in area which extends six feet ~resent time. The board finds circumstances. In considering this variance request is not ments; that the circum: the variance no sub be created; that ~he feasible to effects will be on available the determines that 1 in Ltion to the code require- herein are that by allowing detriment to ad= ~zng properties would lty cannot be ob~ ed by a method, other than a variance that no adverse facilities of any increased ; that the relief be in har- mcny with and inue~e~ ~ .the general purposes of ~ . .and ~hat the ' il T~ ~ will be served by allowing the va 'ance as app_~_e~ for . . as specified below. - ~c On~ ~Y Mr- Goehringer, seconded by ~. Doug!ass,~t was R SOLVE! ~hat the aPPlication ~= ...... __ _-_ ~ . ~_ z . ~ u= ~unonv maca~ uso for oe~-m~= Si~___ construct deck to dwelling be and hereby rE ~ '-~.-~7~- Tu .~HE FOLLOWING CONDITIONS: _ -- =-~-=,~, ou~mu~ (!) That t~he deck never ~ ,e enclosed; Southold Town Board of Appeals -44- June 17, 1982 Reg. Mtg. RESERVED DECISION: Appeal No. 2989. Upon application of LUCY E. MICHAELS, 3570 Minnehaha Boulevard, South old, NY for a Variance to the Zoning Ordinance, Article III, Section 100-3 for permission to construct deck addition to dwelling with an insufficient rearyard setback at 3570 Minnehaha Boulevard, Southold, NY; bounded north Laughing Waters; west by Tschiember; south by Minnehaha Boulevard; east by Young; County Tax Map Parcel No. 1000-87-3-7. The public hearing on this matter was held earlier this evening, at which time the hearing was declared closed pending deliberations. The board deliberated, and made the following findings .and determina- tion: By this appeal, applicant seeks permission to construct a 20' by 16' deck addition to the existing dwelling, leaving an insufficient rearyard setback at 30 feet from the existing bulkhead. The premises in question has approximately 60' road frontage and an average depth of approximately 134 feet. Existing on the premises is a private one-family dwelling. Along the entire l~ngth of the water-lying edge of this property is a functional bulkhead in very good condition. Correspondence has been furnished by the applicant from the N.Y.S. Depart.~ent of Environmental Conservation indicating that no permit for this project is required. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to aDoellant, 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 pur- poses of zoning; and that the interests of justice will be se_~-¢ed by allowing the variance as indicated below. On motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that the aDulication of LUCY E. MICH3LELS to construct deck with an'~nsufficient rearyard setback, iS APPROVED AS APPLIED FOR in A~peal No. 2989. for permission be and hereby Location of Property: 3570 Minnehaha Boulevard, Southold, NY; County Tax Map Parcel No. 1000-87-3-7. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously-adopted. Southotd Tcwn Board of Appeals -4- November 4, 1976 THE CHAIRMAN: Is there anyone who wishes to speak against application? There was no response.) investigation and inspection the Board finds the ap~ front and findings of large side the garage in large trees. permission to construct accessory build in yard area, Sound Road, Greenport, New The Board are that the applicant has an the lot has a shallow depth, placing would prevent the of several The would produce practical ficulties or the hardship created is and properties alike in the in the same use district; and character of the neighborhood, the Ordinance. Board finds strict applicati¢ the Ordinance dry hardship; be shared by all of this property and will not change the observe the spirit of On motion by ~. Gil ,ie, Mr. Hulse, it was RESOLVED, Mrs Straussner, Road, Greenport, New York, be :ermission to construct ~ssory building in fron~ and sid~v~rd area, Sound Ro~d, ..... ?~, New York, as appt~ed~sub~ect to the fo!lowlng condltlon~ The/~ild~g snell be at least 49' from the front ~rd party line and 42' from the southerly side proper~ine. / V~te of the Board: Ayes: - Messrs: Gillispie, Bergen, Hu~ ~igonis, Doyen. PUBLIC HEARING: Appeal No. 2208 - 7:55 P.M. (E.S.T.) upon application of George Ahlers, Builder, Inc. a/c Richard and Delores Prieto, 40-32 196th Street, Flushing, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bu~< Schedule for permission to construct addition with insufficient setback. Location of property: Minnehaha Boulevard and Opechee Avenue, Southold, New York, bounded on the north by Opechee _~venue; east by Corey Creek; south by D. Prieto; west by M~innehaha Boulevard. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Southold Town Board of Appeals -5- November 4, 1976 Clerk that notification by certified mail had been made to: Jean M. Lohn. Fee paid - $15.00. THE CHAIRMAN: The tax map indicates that the applicant's property is a corner lot on Minnehaha Boulevard and what would be an extension of 0pechee Avenue to Corey Creek which is un- improved. It appears that the applicant now mows the grass on the vacant, unimproved right-of-way which is owned by the Town. GEORGE A~LERS: There seems to be some question_as to who owns it, whether it's the Town or the Property Owners' Association, no one really seems to know. The Town Board said, well, Miss Cowan who lives on the corner there, said the only time they want to recognize the Town~'s rights there is when they want the branches cleaned up. So, there does seem to be some doubt as to who owns it. THE CF~kIR/~2%N: How wide is the right-of-way? It looks like it's about 30'. GEORGE AHLERS: I would guess it must be about that. THE CHAIRMAN: When we were down there, it didn't look as though you would aotually have to go down to 7' on the corner. GEORGE A~LERS: I was goinq by the survey, and they're pretty close to the lot line as it is right now. They're back about 11' or 12' and an addition of 5' on there would reduce it down to about 7'. THE CHAIRMAN: It doesn't look like it would be that much, but it depends on the width of this right-of-way. You can't tell where the property line is. ROBERT BERGEN: No one se~ms to know what it is. Howard Terry said 25'. THE C~AIRM_%N: Is there anyone present who wishes to speak for this application? GEORGE AHLERS: application. I don't think there's much I can add to the THE CHAi~A/~: The applicant has the double difficulty of a small lot and two f~ont yards. Whether it's a private righ~- of-way or not, it's still a front yard. .~nyone else wish to speak for this application? (There was no response.) Southold Town Board of Appeals -6- November 4, 1976 Does anyone wish to speak against this application? (There was no response.) The only thing I wondered about here, this is not against 'it, I'm just asking for information. The lot adjoining this is also owned by Dolores Prieto. Does she own this one too? GEORGE AHLERS: I think that the lot that the house is on is jointly owned by husband and wife and the adjacent lot is owned solely by the wife. After investigation and inspection the Board finds that the applicant requests permission to construct addition with insufficient setback, Minnehaha Boulevard and Opechee Avenue, Southold, New York. The findings of the Board are that the applicant has a two-fold difficulty: a small lot and two front yards by reason of the adjoining right-of-way. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by 5~. Grigonis, seconded by Mr. ~ulse, it was RESOLVED, Richard and Dolores Prieto, 40-32 196th Street, Flushing, New York be GRANTED permission to construct addition with insufficient set~ack, Minnehaha Boulevard and Opechee Ave- nue, Southold, New Ycrk, as applied for, subject to the following condition: The addition shall be no closer than 6' to the property line. Vote of the'Board: Ayes: - Messrs: Gil!ispie, Bergen, Huise, Grigonis, Doyen. Appea! No. 2210 - 8:05 P.Mi (E~S.T.~---'--- nhart, ¥~in .Road, a var~ accordance ~on 100-118 fo~ ~~he premises east ~ _ Southold Town Board of Appeals ~35- August 4, 1977 e, seconded by Mr~ RESOLVED, William L~Nort~w Road, Southold. PUBLIC HEARING: Appeal No. 2311 - 9:55 P.M. (E.D.S.T.) upon application of Jean Lohn and B. Loretta Yom Lehn, Minnehaha. Boulevard, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 100-32 for permission to construct accessory building on property line. Location of property: East side Minnehaha Boulevard, Southold, New York, bounded on the north by Prieto; east by Corey Creek; south by Vanderbeck; west by Minnehaha Boulevard. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, notice to the appli- cant, and disapproval from the Building Inspector. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: R. R. Prieto; W. K. Vanderbeck. Fee paid - $15.00. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? JEAN LOHN: Mr. Yom Lehn is here, he's going to speak for both of us. HARVEy VOM LEHN: I represent Mrs. Lohn and my wife, Mrs. Vom Lehn, we're adjoining property owners of waterfront property in Laughing Waters. Storage area is very critical. We'd like to eliminate the 3' setback and put the storage buildings back to back. We'd screen it with light foliage and make it as in- conspicuous as possible. So far there are no objections, the two owners are acceptable, naturally. THE CHAIRMAN: As I understand it, this joint storage shed would be on a line and would be no closer to Minnehaha Boulevard than a line extended from the Vom Lehn house. HARVEY VOM LEHN: No, it's back about ... the Vom Lehn house is 36' from Minnehaha and this would be back about 42' THE CHAIRMAN: The Yom Lehn house is not parallel to Minnehaha and that's the reason that your building would be further back. That's where you want them, at 42', right? Southold Town Board of Appeals -36- August. 4, 1977 ROBERT BERGEN: HARVEY VOM LEHN: by 10' What's the size of this proposed building? Mrs. Lohn wants 12' by 12', Yom Lehn wants THE CHAIRMAN: Combined peak roof? HARVEy VOM LEHN: No, they'll be separated. THE CHAIRMAN: You're going to have two separate buildings without a common wall, is that correct? Back to back? HARVEy VOM LEHN: That's correct. THE CHAIRMAN:' We thought you were going to have a common wall. HARVEy VOM LEHN: No, two separate buildings with a fence in between. THE CHAIRMAN: They'll be lean-to type, right? HARVEY VOM LEHN: Yes. THE CHAIRMAN: It would be better to have something on the ridge than have the water go down in between and rot the walls. There'll be no way to paint them or anything else. So you'll have a common ridge, that'll be the only common part of the building, you'll have to have a ridge that goes over it. I would think so anyway, otherwise they won't last very long. HARVEY VOM LEHN: Bob Hyatt suggested back to back with a fence in between with space to paint, 6". THE CHAIRMAN: 6"? You'd need a mop. I don't know if this is any of our business. According to Town counsel this is unusual but there should be no objection on our part from the legal stand- point. We never had one like it. Are these going to be made out of lumber? HARVEy YOM LEHN: No, Sears Roebuck aluminum, nothing better. THE CHAIRMAN: Anyone wish to speak against this application? (There was no response.) After investigation and inspection, the Board finds that the applicants request permission to construct accessory building on property line, east side Minnehaha Boulevard, Southold, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficu!ti~ or unnecessary hardship; Southold Town Board of Appeals -37- August 4, 1977 the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of thi's property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of %he Ordinance. On motion by Mr. Gr~gonis, seconded by Mr. Doyen, it was RESOLVED, Jean Lohn and B.. Loretta Yom LeD_n, Minnahaha Boulevard, Southold, New York be GRANTED permission to construct accessory building on property line, east side Minnehaha Boule- .yard, Southold, New York, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, 'Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2316 - 10:05 P.M. (E.D.S )lication of Valentine Stype a/c Lillian Van Dus~ 5305 We: Way, Washington, D.C. for a variance in acc. with the Ordinance, Article III, Section 100-30 Schedule for ~ sion to divide property with insuffi. Location of pre Dicks Point Road and Holden Avenue New York, Dn the north by Dicks Point Road by Holden Avenue; south now or formerly E. Mott; wes Haysom, Fox, and May. The Chairman the hearing by for a variance, legal )rice of its publication in the ficial ca~t, and disapproval the also read statement from Town certified mail had been E.W. Fox; Wilhelm Haysom. the application ~ts attesting to notice to the appli- Inspector. The Chairman that notification by ene Mort; William P. May; - $15.00. THE CHAIRMAN: The n, as we understand it from the photostat of the. is Lot ~21 on the County tax map and it has a fro~age of 209' Dicks Point Road wh~ ~.50' ~oad and ~2' on,ne din~nsion 197' on the opposit~ =lmens~on on Hol=en A~enue. It has a ~e more on the other dimension opposing ~cks Point Road, 237'. ~The total is somewhat over $0,000 sq. ft/ The area we're consider~g is, this lot is opposlte nine lo~ which are on West ~reek Avenue all in this block composed of Wes~Cre~k Avenue, Dicks .oint Road,~Pinewood Road and West Road. A~?s~ w~h~ut exception within the b~ock there appears to b~ only ~.~. 1~ ~h%ch would be larger than the ~o lots to ~e crea~e~ by,his division. Is there anyone present ~o wishes to spean f~h, ap~i~ti~? ~re was ~ resp~se.) /is there anyone present ......... ~. z ~ WhO WiSheS uo speak against ap~cation? ALS BOAP, D MEMBEI~S Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone ($16) 765-1809 BOARD OF APPEALS TO~ OF SO~O~ SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF TH~ BOARD OF APPEALS Appl. No. 3937 Matter of PATRICK LOHN. Variance to the zoning Ordinance, article XXIII, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2480 Minnehana Boulevard, Southold, county Tax Map No. 1000, Section 87, Block 3, Lot 57. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of PATRICK LOHN, under Appeal No. 3937; and .WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in q~estion, 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 east side of Minnehana Boulevard, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87 Block 3, Lot 57. · 2. This is an application for Variances from the Zoning Code Article X~IiI, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be within 75 ft. from the bulkhead. - Page 2 - Appl' No. 3937 Matter of PATRICK LOFIN Decision rendered May 30, 1990 loca~ Article XXi~ _ . bodies ot g uJ ute exists an J fcead, Seventv_~:~~ ~nan sounds ~j~ ~.%~u are adJa~,i -=xi, ripraD ~ ~ve [75) feet f~=~ De set bac~-j2~ to tidal .... . uae bulkhead.- -~u ~ess than 4. The sUbject Premises is vacant land with the exception of a accessory Shed decision rendered July 6, 1977 under Appl. No. 2311. d . 5. In considering this application, the Board finds and etermines: . . uniquely r~h~_c~cumstances of this .... ~o ~ne Premises application are nonconformities; and its established (b) that there is no Other es Will re~,~-- ~ eecK ~, _ apPellanta +~ ~ variance relief7=~ ~ocatlon on f~= .(c) that the variance Wil ~ ~e ~afety, hea]~ l_not in tu . -~=~ o~ the Town;'~", welfare, com~r~aU~ a substantial · uonvenience (d) that in carefully above factors, the ' considering Granting the v=w~_lnterests of ' ,. t~e record --~=~ce, as annl~ ~uS~!ce will be and all the served by ~ ~eu Conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it Was RESOLVED, to GRANT a Variance in the matter of the application of PATRICK LO~N as applied under SUBJECT TO TFiE FOLLoWiNG CONDITIONs. ApPeal No. 3937, 1. That the approximately 13 X 14 deck not be elevated more than 12 inches from the bulkhead and remain unroofed. 2. That the Storage shed maintain the conditions as Sawic~i =_~ _~he Board. ~ .... Appeal No. 23~ --u ulnizio [~__~{=~: Messrs. G- - · Was duly adopted. ~ent Charles ~_~_ u~n~inger, Do e- · nis resolution df , · · South Id Town Boa d lapp al MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 APPEA I.-~ 8OARD MEMBERS GERARD p. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAME~ OlNIZIO. JR. $OUTHOLD, , .' '-.I., N.Y. 119;' TELEPHONE (516) 765-18C FAX No. {$16) 7'65-182 A~CT!ON OF TR~ BOARD OF APPEAr..,; Appl.'No. 3865 Ord~_~atter of C~kRLEs AND CARo ~_ ~nce, Article iii A, Se~~u~' ~a~iance to the · ~r permission t~ ...... - .... · 100-30 a.3 =~ ~_ Zoning ~ ~ruc~ additio 4~ = ' y~.u~approved, rear yard setbacks in this R-40 Zon~ w~ ~nsu~lclent side and District. Property Location: 705 Windy Point'Road, County Map District 1000 Section 87, Block 4, Lot 6. , W~EREAs, a public hearing was held and concluded on September 21, 1989 in the matter of C.qAi~LEs AND CAROL BUR~T. under Appeal No. 3865; and WHEREAs, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 followinq findings of fact: 1. The Pr~mises in question is located along the south of Bayview Road, Town of Southold, and is identified on the Suffo~ County Tax Maps as District 1000, Section 87, Block 4, Lot 6. 2. This is an application for ' - Varlances from the Zoning Code Article III A, Section 100-30 A.3, for permission to Construc= an addition with insufficien~ side and rear yard setbacks. Page 2 - Appl. No. 386~ Matter of CHARLEs AND CAROL BURST Decision rendered October 4, 1989 3. Article premises shall be III A, Section 100-30 A.3 no b ' · erected or alteredused a~d no b%utlding or ~ ~Ulldlng or Unless the same in the Low Density =~= =hereof shall be Residential R-40 District Schedule and conforms to the requirements of the Bulk of the Parking Schedule, with the same effect as if such regulations were set forth heforce and arin in full. 4. The s~bject premises on the northeast side of the house Will be 7+- feet from the property line, there is apDr°xJJaately .21 acreage at this location. 5. In considering this application, the Board finds and determines: (a) that the circumstances uniguely related to the premises of this application are nonconformities; and its established (b) that the variance Will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record above factors the intere. . granting the va ~ .... sts of 3ustice · _ and all r.~=, as ..... Will b= - the =~plled co,~=. _ =erred by · 'u~ulOnally noted below. Accordingly, on motion by Mr. Grigonis, Seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance · application of CHARLEs ~ ,.~_ in the matter of the No. 3865 for approval of a addition With insufficient Side and · -'~ ~oL BURST as applied Under ApPeal rear Yard setbacks, SUBJECT TO THE FOLLOWING CONDITIONs: b . 1. That on the northeast Side tha ack to 7 feet so to · of. ~inimum of _ .remain open _t the bushes ~__ . vehicles ~ ~_~0 fueE, for fi~ _~nd Unubstr~cte ~=b~ 3r~m~eG ~ ~=ve access aro,,,]==~p~aratus or ot~ i~ a ne!ght ~,u une ~ouse. ~=~ ~mergen~f Vote of the Board: Ayes: MeSsrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df * ~'NGE?5, C:~.AiRMAN Page 8- Appl. No. 4153 Application of MR. AND MRS. CHARLES BURST Decision Rendered February 23, 1993 BOARD FINDINGS AND DETERMINATION Appeal No. 4153: Application of Mit. AND MRS. CHARLES A. BURST for a Variance to the Zoning Ordinance, Article III, Section 100-33 (as amended December 1992) for permission to locate an accessory garage building in the front yard area with a reduced side yard setback. Location of Property: 705 Windy Point Road (private road ~12), Southold, NY; County Tax Map Parcel ID ~1000-87-4-6. This parcel is preexisting with nonconformities as to total, lot area, lot Width and principal setbacks in this R-40 Zone District. WHEREAS, a public hearing was held on February 23, 1993, at which time all those who desired to be heard were heard and all statements were made a part of the written record; 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 WHEP~EAS, the Board made the following findings of fact: 1. This is an appeal of the February 5, 1993 Notice of Disapproval by the Building Inspector for a variance to build a detached garage in an area other than the required rear yard. 2. The premises in question is situated at the end of Windy Point Road (a private road), which extends southerly from Balrview Road, Southold. The property is zoned R-40 Low-Density Residential Zone District and contains a total area of approximately 10,000 sq. ft. 3. A map has been submitted with this application showing an one-stol-t, single-family dwelling structure set back 107+- ~et from the northerly (front) property line and approximately 30 feet from the rear (southerly) property line along Corey Creek. - Page 9 - Appl. No. 4153 Application of MR. AND MRS. CHA/{LES BU~T Decision Rendered February 23-, 1993 4. Article IIi, Section 100-33, as amended December 22, 1992 by Local Law No. 33-1992, provides at subsection C: · ..C. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided such buildings and structures meet the front-yard setback requirements as set forth by this code... 5. The front yard setback provisions for this nonconforming parcel in an R-40 Zone District requires a m/nimtuu of 10 feet. In this appeal, the applicant requests a variance to place this proposed free-standing accessory garage building in the front yard at a distance 35 feet from the front property line along Sound View Avenue and at four feet from the westerly property line~ 6. Some of the reasons for requesting are: (1) the property is very narrow extending at a width of 35. feet in the front yard along the right-of-way; (2) to locate the accessory building with a setback at 10 feet or more would create limited access to the dwelling and would reduce the amount of usuable yard area. 7. It is the opinion of the Board Members that the general area, with a setback at five feet (instead of the requested four feet) is better, under the circumstances, and agree with the reasoning of the application that there is no other area which is less offensive. 8. Also in considering this application, the majority of the Board finds: (a) that the relief requested is substantial in relation to the new requirements, being a setback reduction from 10 feet to 5 feet; (b) that the reasons fuurnished by appellant are sufficient to warrant a grant of the variance requested; (c) there are no other alternative locations which would be more feasible for appellant to pursue, under the circumstances; (d) the location requested is not out'of character of the ir~ediate area and will not create an adverse effect or impact on the physical or environmental conditions in this district; (e) the difficulty was not self-created. Accordingly, on motion by Member Wilton, seconded by Me~0er Dinizio, it was RESOLVED, that the relief requested to reduce the setback of a proposed 16 ft. wid= x 24 ft. deep accesso~? garage in the front yard area from 10 feet to 4 feet, BE AND HF~IN IS DE~IF2D, and BE IT FURTS~.R Pagel0 - Appl. No. 4153 ApPlication of MR. AND MRS. CHARLES BURST Decision Rendered February 29, 1993 RESOLVED, that alternative relief to reduce the setback of this proposed 16 ft. width by 24 ft. deep accessory garage in the front yard from 10 feet to five (5) feet, under Appl. No. 4153 in the Matter of the ApPlication of CHARLES BURST be and hereby is APPROVED, SUBJEcT TO TaE FOLLOWING CONDITIONS: 1. The side yard setback be not less than FIVE (5) feet including overhang(s), and not less than SIX (6) feet to the foundation wall of the building; 2. The height' not exceed the height shown on the plan submitted with thi's application (at 20.6 feet) from ground; 3. Use shall be for garage purposes, as requested, and the second floor shall be to the garage use; only for storage Purposes incidental 4. Electric shall be permitted; 5. No cooking or habitable facilities; no living or sleeping quarters; 6. Ail other provisions of the zoning code must be complied with. Vote of the Board: Ayes: Goehringer, Villa, and Dinizio adcpted. · Messrs- Doyen, Wilton and This resolution was duly Southold Town Board of Appeals -3- December 13, 1990 Special Meeting DELIBERATIONS/DECISION: Appeal No. 3985: Upon Application for HERBERT AND CAT--NE LIND%rEIT. Variances to the Zoning Ordinance, 'Article XX%r/II, Section 100-239.4B and Article XXIV, Section 100-244B for proposed one-story and second-story additions with two-foot over-hangs (cantilevers). Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width of this parcel are also nonconforming in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road ~12), Southold, NY~ County Tax Map Parcel No. 1000-87-4-7. W~S, the public hearing was held on November 29, 1990, and all persons 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 WHERF~AS, Board Members have personally viewed and are familiar with the preznises in question, its present zoning, and the surrounding areas; and WHF/~EJtS, the Board made the following findings of fact: 1. The premises in question is located in the "Low-Density Residential R-40" Zone District and is referred to as District Southold Town Board of Appeals - 4- December 13, 1990 Special Meeting (Appl. No. 3985 - LINDVEIT decision, continued:) 1000, Section 87, Block 04, Lot 00~ on the Suffolk County Tax Maps, situate along the southeasterly side of Windy Point Lane, Southold, Town of Southold, New York. 2. The subject premises as exists: (a) contains a total combined lot area of 10,688 sq. ft. with 65.00 ft. road frontage (lot width); (b) is improved with a single-family dwelling as shown by the applicant,s sketch of a survey indicating setbacks as exist from the bulkhead at 33 feet, from the westerly side yard at 4.7 feet, from the easterly side yard at 14 feet, and total side yards at 18.7 feet, all from their closest points. Also existing on the site is a frame shed and concrete block building for the well, both located in the nonconforming front yard area. The frame shed is situated 3.4 feet from the westerly side property line. 3. Article IIIA, Section 100-30A.3 of the current zoning code (as amended Januai-f 9, 1989) requires a minimum side yard of 15 feet and 20 feet, total sideyards at not less than 35 feet. 4. Article XXIII, Section 100-239.4B requires a setback of not less than 75 feet from the bulkhead along Corey Creek. 5. The relief sought by this application are variances for approval of: (a) reduction of the westerly side yard for the proposed cantiliver (over-hang) of two feet; (b) proposed open deck constr~ction and reconstruction (including a new second story) to be set back 23+- feet from the bulkhead at its closest point; (c) total side yards at 13.7 feet (without over-hang) and at 9.5 feet with cantilevered over-hang. 6. For the record, it is noted that the Premises abutting this parcel on the west side received side and rear yard variances on September 21, 1989 under Appl. No. 3865 (Burst]. Southold Town Board of Appeals -5 - December 13, 1990 Special Meeting (Appl. No. 3985 - LINDVEIT decision, continued:) 7. In considering this application, the Board also finds and determines: (a) the relief as granted will not in turn increase the dwelling unit density, since the parcel has been since prior to 1964 and presently is improved with a dwelling; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance; (¢) there will be no substantial change in the character of the immediate neighborhood or detriment to adjoining properties; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) the difficulties are due to the uniqueness of the land and are not personal to the property owners; (f) that in view of the manner in which the difficulties arose, and in con- sidering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph ~5, supra), in the Matter of the Application of HERBERT AND CATheRINE LINDVEIT under Appl. No. 3985, SUBJECT TO T~E FOLLOWING CONDITIONS: 1. That the deck construction proposed at the easterly side be not closer than eight (8') feet to the property line (may be clipped to conform with the 8 ft. setback); 2. That the deck remain open and not fully enclosed; 3. That the setbacks be not closer than 4.5 at the westerly side and not closer than 8.0 feet at the easterly side (with the exception of the two-foot over-hangs), as applied (more particularly shown on the September 18, 1990 survey prepared by Peconic Surveyors, P.C.}. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio, consisting of all four members at this time. This resolution was duly adopted. Southold Town Board of ApPeals :ion by Mr. EStates, Lots accessory tower of Side of Beach Court Map of Gardiners Gillispie, ey Wexler, be (Pr -7- OCtober 1 Seconded b Bergen, it Was Beach t, Gardiners Bay lSSion to maintain in height located on the south · East Marion, New YOrk, Subject 161-~66, as applied for. Commissio: approval of The Suffo2 Planning ~r~gonis~ of the Board: HUlse. Ayes:- MeSsrs: Gillispie, Adams Place, West Hempstead, New York aCcordance with the Zoning Ordinance, 100-32 for . . for a variance in front yard area. Location of .Article I~I, Section SOuth Side permission t? COnstruct aCcessory bu Bay View Roa~ - property. ~_: ~ld~ng H. Isles; east by Corey-' ~OUthold, b~und~ate Road No. 2, Creek; SOuth by C. Burst; West by Private Road No. '12' Fee paid $15.00. n the north by · The Chairman Opened the hearing by reading the applica_ tlon for a Variance, legal no~lce or to the applicant. notice ~r~ng; affidavits attesting to its publication in the o=~iC~al newspapers, and ind~_~E CHAIRMAN: The application~is accompanied by ~u=Ulng that the.house is Close =o Corey ~reek an~ a sketch access is OVer a PriVate road ~lc~ measures 65 feet and is the width of the lot to the north which bOrders the Road No. 12. The property has a depth of on Private easterly Side, 160 feet on the 143 feet on the 63 feet on Corey Creek. Westerly Side, and approximately SpeakT~ CHAIRMAN. Is t- or th~ ~-~.. here anyone ~- =~P~lcation? present who Wishes to MR. ~ERBERT LINDTVEIT: i am the applicant. THE CHAIRMAN: This is a Very elo have never read Well as this... ~ application ~%~ quen~ present: legal front yards~e problem of ~"=u expresses ~_ -t~on. accessory ~ pronl~ as buildings and 'V~R' LiNDTVEi-. _ the side of the D~ People who Own · ~~u e .... - ~e~chfront ~recertv COnsider P -~Y tha~ The Ulde SCmetLmes floods the rear ~ne Wa=e~ the fron~ yard. Yard cn =-.e Water WCUld block the View. ' Accessory buildings Southold Town Board of Appeals -8- October 16, 1975 THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct accessory building in front yard area on property located on the south side of Bay View Road, Southold. The findings of the Board are that this is a reasonable request because of the risk of flooding of the rear yard. The Board agrees with the reasoning of the applicant and compliments the applicant on his eloquent presentation of the problems concerning people who own property on the water. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Hulse, it was RESOLVED, Herbert and Catherine Lindtveit, 634 Adams Place, West Hempstead, New York be GRANTED permission to construct accessory building in front yard area of property located on the south side of Bay View Road, Southold, New York, as applied for. The accessory building to be located on the property as indicated on applicant's sketch (in file). Subject to Suffolk County Planning Commission aDuroval. Vote of the Board: Ayes:- Messrs: Gillis~e, Bergen, Grigonis, Hulse. ~re were three sign renewals reviewed and approv ' a~/s .submitte~ ~ _o~imotion by~y Mr. Bergen, it was DEC. ,./ 57 CERTIFIED TO~ DUANE PASCALE BETHPAGE FEDERAL CREDIT UNION COMMONWEAL TH LAND TITLE INSURANCE COMPANY SURVEY OF PROPERTY A T LAUGHING WA TERS TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 87- 03 - 08 Scale: 1" = 20' Sept. 4, 1997 11, 053 sq. ft. tie line ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION OF SECTION 7~?09 OF THE NEW YORK STATE EDUCATION L_AWL EXCEPT AS PER SECTION XEO~-SLI~DIVlSION ~. ALL CERTIFICAItOeI~ HEREON ARE VALID. FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR TItE ~Pt~S.SEO SEAL OF THE SURVEYOR F/HOSE SI6NA TURE APPEARS HEREON. ADDITIONALLY TO COIdPL Y WITH SAID LAW THE TERM 'ALTERED BY' MUST BE USED BY ANY AND ALL SURVEYORS UTILIZIN6 A COPY OF ANOTHER SURVEYOR'S MAP. TERt~ SUCH AS 'INSPECTED' AND 'BROU6HT-TO'DA TE' ARE NOT IN COIdPLIANCE WITH THE LAW. ~ECONIC~ ~ (516l 765 P. O. 80X 1~30 TRAVELER STREET SOUTHOLD, N. Y. 11971 NO. 49618 f -Q ,/ LSND OF:' SC...'TuO, LD N.Y, CERTIFIED TO' DUANE PASCALE BETHPAGE FEDERAL CREDIT UNION COMMONWEAL TH LAND TITLE INSURANCE COMPANY sq. ft. t[o I[no ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209-SUBDIVISION 2, ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAI= AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'AL TERED BY' MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND "BROUGHT-TO-DA TS" ARE NOT IN COMPLIANCE WITH THE L,4W. SURVEY OF PROPER T Y A T LAUGHING WA TENS TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 87- 03 - 08 Scale: 1" = 20' Sept. 4, 1997 1250 TRAVELER STREET SOUTHOLD, N. Y. 11971 LIC. NO. 49618 I! I I 197 /l / /97 /- /97 / /97 / /97 /97 / ~ /~//~9~~ /~? /~? /~? /~? /~? /~? /~? /~? /~? /~? /@? /~? /~? /9? FOR OFFICIAL USE BY STAFF AND M_~MBERS AS UPDATES TO FILE U , ' ,,I