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HomeMy WebLinkAbout4513r 9"e qz-- 3q Hs1 laic +lel qy //D /lo° .CAS QVY1- E.�Fc �c� DUE .e �' f%�.N /N _�Rn,�/T.�A •D APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora 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 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF OCTOBER 23, 1997 Appl. #4513 - SARAH WICKHAM GICALE PARCEL STREET & LOCALITY: 160 East Road, Cutchogue DATE OF PUBLIC HEARING: October 9, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: 1000-110-7-17 This property is located in an R-40 Low -Density Residential Zone District, being situate on the south side of East Road, Cutchogue, with frontage along Cutchogue Harbor. This lot contains a total area of approximately 39,995 sq. ft., all as more particularly shown on survey map dated July 22, 1986 prepared by Roderick VanTuyl, P. C. The map submitted with this application shows that the subject premises is improved with a single-family dwelling and accessory garage, situate in the front yard area to the north of the dwelling. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated July 8, 1997 which reads as follows: under Article XXIII, Section 100-231A, fence located in the front yard of residential zones shall not exceed four (4) feet in height. Action required by Zoning Board of Appeals. RELIEF REQUESTED BY APPLICANT: To locate, at a point 4o teet from the trout property 1: side property line, a proposed six ft. high distance of 95 feet from the front property yard area. The proposed six ft. height extension of a proposed fence as per code first 40 feet of the front yard area. .ne along the westerly fence for a running line, along the front is shown also as an limitations within the REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the applicant's property is a wooded waterfront lot and the fence would not be easily visible to neighboring properties. Page '2 - October 23, 1997 Appl. 44513: 1000-110-7-17 (S. Gicale) Southold Town Board of Appeals (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the applicant has testified that a 6 foot high fence is needed to safeguard the property from vandalism and unauthorized use. 3. The requested variance is not substantial, representing a two -foot increase over the four -foot code maximum height. 4. The situation has not been self-created because the applicant has testified that the increased fence height is to prevent an on-going Problem of vandalism and trespassing. 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the increased height of the fence will be obscured by mature wooded trees. In considering this application, the Board finds that the relief requested 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. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as requested. VOTE OF THE BOARD: AYES: GOEHRI ER, DINIZIO, TORTORA, and DOYEN. This resolution was du ad ted (4-0) RARD P. GOEHRINGER. C AIRMAN Actions. all/ 110-7-17 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR yi NOTICE OF ADDITIONAL HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER. 9, 1997 NOTICE IS HEREBY GIVEN, pursuant 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 Main Road, Southold, New York 11971, on THURSDAY, OCTOBER 9, 1997 at the times noted below (or soon thereafter): 6:35 p.m. Appl. #4517.JD GABRIEL DARIN. Based upon the Building Inspector's September 11, 1997 Notice of Disapproval, a variance is requested under Article III, Section 100-33 for approval of "as built" accessory storage building, constructed under Building Permit #24214Z with a finished height of 18 ft. 8 inches, which exceeds the maximum allowable finished height (average mean height) per code. Property Location: 1350 Mill Road, Mattituck, NY; County Parcel #1000-106-10-3. 6:40 p.m. Appl. #4516.GG — JOSEPH SHIPMAN. Based upon the Building Inspector's August 20, 1997, approval is required under Article XX, Section 205.A(4) from the Board of Appeals for placement of a freestanding agricultural (nursery) sign in this R-80 Zone District. Property Location: North Side of Main Road, Mattituck, NY; County Parcel 43000-108-3-5.5. Page - Additional h Brings for 10/9 Southold Town Board of Appeals 8:05 p.m. Appl. #4518.LT: JAMES McALEER - Application for a Variance under Article XXIV, Section 100-243A for approval of location of "as built" handicap ramp with raised deck area, and for location of proposed deck addition to existing cottage, based upon the Building Inspector's Notice of Disapproval dated August 27, 1997 which reads as follows: "...Being a non -conforming building with a non -conforming use in an R-40 Zone said building shall not be enlarged, reconstructed or structurally altered unless such building is changed to a conforming use...." Location of Property: 4250 Breakwater Road, Mattituck, NY; County Parcel #1000-106-09-1.1. 8:15 p.m. Appl. #4513.LT - SARAH WIC%HAM GICALE. Based upon the Building Inspector's July 8, 1997 Notice of Disapproval, a Variance is requested to erect that portion of proposed fence which will exceed the four -ft. height requirement within or along a front yard I Article =II, Section 100-231(A). Property Location: 160 East Goad, Cutchogue, NY; County Parcel #1000-110-7-17. 8:25 p.m. Appl. #4515.MO - TIMOTHY McNALLY. Application requesting a Variance, based upon the Building Inspector's two Notices of Disapproval: 1) dated August 8, 1997 which states: "...under ^Article XXIV, Section 100-242B the nonconforming old tin garage with a conforming use (has been replaced with a new wood structure) shall not be rebuilt or repaired if it has been damaged by fire or other causes to the extent of more than 50% of its value until the building is made to conform to the required height and yard requirements....", and 2) Amendment dated September 8, 1997, which added the following: "...under Article XXIV, Section 100-243A, a nonconforming building with Page - Additional ljedrings for 10/9 Southold Town Board of Appeals a nonconforming use shall not be altered, enlarged, or structurally reconstructed unless such building is changed to a conforming use .... ^ Applicant's project is for a deck addition to accessory cottage, and accessory storage building at 945 Fleetwood Road, Cutchogue, NY; County Parcel #1000-137-4-23. 30 p.m. Appl. #4516.GG JOSEPH SHTPII�ATQ )3a ed upon the Building,nspector's August 20, 1997, approval is required under Article XX, Section 1205.A(4) from the Board of APIA" for placement of a l freestanding ag icuitural (nursery) sigrF ,"lin this R-80 Zone District. lk.Property Location: North Side of n Road, Mattituck, NY; County Parcel #1000-108-3-5.5.� 8:35 p.m. Appl. #457 JD - GABRIEL DARIN. Based upon the Building Inspector's tembr 11, 1997 Notice of Disapproval, a variance is requeed under Article sIII, Section 100-33 for approval of "as built" a sort' storage building, cotructed under Building Permit #24214Z wt�1i a finished of 18 ft. 8 'inc:hes, which exceeds the maximum allowable finished height {averageea'height} per code. Proberty Location: 1350 Mill Road, Mattituck, NY; ounty Parcel 0-3. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. The above hearings will not start before the time designated. Each file is available for review during regular business hours (8-4 p.m.), and written comments may be submitted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: September 29, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski FORM N0. 3 TOWN OF SOUTHOLD BUILDING DEPARTIENT SOUTHOLD, N -Y. n NOTICE OF DISAPPROVAL DATE: ..JVLY.0..1997.............. To NORTH FORK FENCE & SUPPLY CO. A/C SARAH WICRHAM GICALE ............................ P_O. BOX 476 MATTITUCK, N.Y. 11952-0476 .......... ............................. PLEASE TAKE NOTICE that your application dated ..JWJ.J............ 19.97.._ for permit to E..... RECT.A.FENCE ..................•............................... at Location of Property ... 160. EAS% ROAD___________ ______CUTCHOGOE,.N.Y._. House No. Street Hamlet County Tax Map No. 1000 - Section ... 111.... BLOCK ...7....... LOT ..1Y ........ Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds .............................. FENCE LOCATED IN THE FRONT YARD OF RESIDENTIAL ZONES SHALL NOT EXCEED ....................................................................... FOUR (4') FEET IN HEIGHT. ........................................ I................................................... ARTICLE XXIII SECTION 100-231. ..................................................................................... ACTION REQUIRED BY ZONING BOARD OF APPEALS. .....................................•'••••••'........_'•............................... .......................•-•'•-........................._...................'---•.._.......... ................. --- 4�-4 ------- BUILDING INSPECTOR MICHAEL J. VERITY RV 1/80 1 kY-J b T � CV:PT ii, Examined........ 19 ` FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 r Approved ................. 19 ...Permit No........... . Disapproveda/c.................................... /J� z (Building nspector) \\ 7�SETS SURVEY CIIEC c . SEPTIC OF PLANS ......... FORK ............. CALL .oGR,�-_ij%�Z_... NAIL To: APPLICATION FOR BUILDING PERMIT r j Date ... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public street or areas, and giving a detailed description of layout of property must be drawn on the diagram which Iis part of this appli cation. c. The work covered by this application may not be commenced before issuance of Building Permit. ` r d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permi sleall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupant shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to th Building Zone Ordinance of the Town of Southold, Suffolk County, New YArk, and other applicable Laws, Ordinances c Regulations, for the constnlction of buildings, additions or alterations, or fot removal or demolition; as herein describer The applicant agrees to comply with all applicable laws, ordinances, building code housing code, and regulations, and t admit authorized inspectors on i premises and in building for necessary nspecti®ns. / //' (Signature of ap >' car or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or buildee ........................ . :�^.'... .......... ........ ............. Name of owner of premises Soc.. h...L � t.C< �##Yil .6 1.ca e,,. . ...... ......� ... .......... . (as on the tax roll or latest deed) If appli -a�t is m cor,xnrati n, signahn f duly authoriied officer: (Name and title of corporate officer) 13161der's I-Acense No. ........................ . Plumber's License No. lilectrician's License No . ................��}}.... . Other Trade's License No., l..... 1! g .... f, I . Location of land on which proposed work will be done. ................ . .. -N CSI_> ...................... .Xaad ......... Ilouse Number Street Randa County Tax Map No. 1000 Section ... A0 ......... Block ........t.......... Lot ................ Subdivision ................................. Filed Map No. .�.�. .Z.... Lot ............... (Name) 2: State existing use and occupancy of premises and intended Ilse and occupancy of proposed construction` f a Fxistinguscandoccupancy... ........... ��L��yn bnt .t� L, 1�ccse�l� Kd�, >r�iJtiti T . Intended use and occupacy ............ P (rte ai Nature of work (check which app;; -able): New Building ......... Addition .......... Alterati n . ,repair .............. Removal .............. Demolition ..... Other Work f.E'hG ....... d' (Description) 4. Estimated Cost ....... 174i - ..................... Fee ... i.�`....... ..... .... .......... ... . (to be paid on filing this application) 5. If dwelling, number of dwelling units ............. Number of dwelling units on each floor ................ Ifgarage, number of cars...................:..................................................... 6• If business, commercial or mixed occupancy, specify nature and extent of each type of use .................... . 7. Dimensions of existing structures, if any: Front ....:.......... Rear, ............... Depth ........ - ...... ]]eight ............... Number of Stories ...................... I .............. I ......... , .... I ... Dimensions of same structure with alterations or additions: Front . . .............. . Rear .................. Depth ....................... height ......... , :.. - .....:.: Number of Stories . - ................... . 8. Dimensions of entire new construction: Front ....... . ... . . . : Rear ............... Depth .............. . Height ............... Number of Stories ............................ . 9. Size of lot: ,Front ... �, tf% .. . ......... :.. Rear .. ).�1::.....:........ Depth? .C7... v .. - 10. Date of Purchase ............................. Nay�r of Former Owt er ............................ 11. Zone or use district in which premises are situated .......i?St,t!7 ?�� ....................... . 12. Does proposed construction violate any zoning law, ordinance or regulation: .... . ...................... . 13. Will lot be regraded ..... P �.. ill excess fill be removed from premises{. Yes {�Ng 14. Name of Owner of premiseSLA'K'?h � . * :4?'-AYi2Yress 114Q fce5t ?�4.4'Cai3ct lj,!�-Phone No - Name of Architect - .. .... .............. Address ............ Phone No. ' . Name of Con tractor +l/ ��iJprt- A-ifA<c.......... Address '1'/ !yn !''&,Yi ? 15. Is this property within 300 feet of a tidal wetland?. *Yes ........ 'No. *If yes, Southold 'Down Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all -buildings, whether existing or proposed, and. indicate all set -back dimensions from property lines. Give street and block, number or description according to deed, and show street names and indicate whet:uer interior or corner lot. a oj i,'r f h f Front ) + STATE OF NER S.S COUNfl'� X ............. being duty sworn, deposes and says that he is the applicant {N of.;y:<ivid-e: :l-ssgrungc�rrrrctj._- above named. Ileis(lie .................. r. - ...................................... ............ (Contractoq, agent, corporate officer, etc.) of said owner or owners, and is duly 'an borized.jo-P_e`rfonn or have perforined the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before npe this ...:...... _. day of. �i.. .. 1 .., 19�� C Not ry Public, .... punt �- •� � tit -Ever ite d New 1879505, �} ...I... .. .......................... Deckg °�ty 7 (Signature of applicant) i TOWN OF SOUTI.40E&W YORK Me APPEAL FROM DECISION OF BUILDItJG INSPECi''(�T Cry APPEAL NO. ®� � jp� �rj����J� ��j DATE ..97 ................ TO THE ZONING BOARD OF APPEALS, TOWN -Or SOU,fITOL[�" 00. 1, (We) Sarah Wickham Gacale ............ of ,,,,,, 3O1 ai Nome of Appellant Street and Number Gaithersburg 10L)........................................................................ ......�.....�F�. —I-IFREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM TI -IE DECISION OF THE BUILDING INSPECTOR ON 7/8/97 APPLICATION FOR PERMIT NO. ............................... DATED .........,..........,................................. WHEREBY THE BUILDING INSPECTOR DENIED TO Lisa Jackson Name of Applicant for permit of P.:Y:...BQi . 76, T.latritttc)5......................... PERMIT TO USE Street and Number Municipality State t ) ( ) PERMIT FOR OCCUPANCY ( X) Permit to erect a fence 1. LOCATION OF THE PROPERTY ,.. 160 East Road, Cutcho ue ................................. Street /Ilalniet / Use District on 7in -onp Mop District 1000 Section 110 BIock7 Lot 17 ,Current Owner Sarah Wickham Gicale ,...... ,, o. Y Ji fd op No Lot No-.......... . prior_ Owner Henr P. Wickham 2. PROVISION (S) Or THF ZONING ORDINANCE APPEALFD (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number, Do not quote the Ordinance.) /Article XXIII Section 100-231 1 TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap, 62 Cons, Laws Art, 16 Sec. 280A Subsection 3 ( ) 4, PREVIOUS APPEAL A previous appeal (has (hos no) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No . ................................Dated.................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Orriinanca is requested for the reason that Form 7,131 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF •.Tt1E OJ�DINANCE would produce practical difficulties or unneces- sary HARDSHIP because a four foot high fence is not a sufficient deterrent and would deny me the ability to adequately safeguard the property from vandalism and unauthorized use.of the property by children and others. 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 districtbecouse a. the property is wooded and the house set back from the road b. what the Town considers to bethe"front" yard of the property is also the "back" yard of the property adjoining on the side where the fence would be situated c. because the property is used primarily during the summer, there is a large portion of the year that the house is vacant and not easily safeguarded. 3. I -he VarlanCe would observe the spitil of the Ordinance and WOULD NOT CHANGE THE CIIARACI'ER OF TI IE DISTRICT because since the trees on the property are mature, the fence would not be easily visible., In addition, the fence observes the spirit of the ordinance in that the other side of the fence consitutes the back yard of the neighboring property. STME OF ) �/ �p� ss ....5_./rc ...t,/t..1............uq!:..L.................... COUNTY OF D Signature Sworn to this .............................................. day of.........:... ll.�. .......................... 19 7 n .......? ........ G .. - John, K. Hurd N cry Ll IC NOTARY PUBLIC t COUNTY OF MONTGOMERY �tl STATE OF MARYLAND MYCOMM. d ?x.5/1/99 :)WN OF SOUTHOL, -` NOPERTY RECORD CARD OWNER- — STREETr> VILLAGE DISTRICT SUB. LOT i<l�_1NfaG_ ,c C7- 7f Oi?da d Cv7�c /o ve FORMER'OWNER -- N � E M ACREAGE / Y( ��t%l� r�rl'1 RES. SW �2Cdrhc r/St1 � ,� _. !�( OoMf3t JtsSUK TYPE OF BUILDING �' / t"/ d, ^SEAS. VL. FARM COMM. IND. CB. MISC. LAND IMP. ;TOTAL DATE REMARKS /�-i f 1 — % 0[l L/V 5 / k� C'.� �d,elf ``5 v� �uU AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE _. o 0 -- Farm Acre Va u er Acre Value f Tillable 1 f,� A/n Tillable 2 Tillable, 3 Wcodland Swampland Brushlandi , House Plot Tctal M. Bldg. Extension Extension Extension K Breezeway Garage O. B. I 0 0 1 j 6 e) Foundation Basement Ext. Walls Fire Place —Porch Porch Patio Driveway Both lJ Floors Interior Finish fy 4. Heat Attic Rooms 1st Floor o 71 444 Foundation Basement Ext. Walls Fire Place —Porch Porch Patio Driveway Rooms 2nd Floor Both lJ Floors Interior Finish fy 4. Heat Attic Rooms 1st Floor Rooms 2nd Floor =y t Ala., r VA P? 4 F PRO P E -, CUT" _14"J a�� 1 -, `\AVN V f' SCK iT HC (, ^Y� r "pMY,`rJ' Unauthorized alteration or addition `, , �` r• to this survey is a violation of T , n Section 7208 of the New York Std 3. +1- �t ', ` V `. Education La.x- } n {E} P sy I t4' ! 1 ` '..,— Copies of chis survey map not bearing au " ! — ? the land surveyor's i71;ed seal or embossed seal shatl not be considered QV to be a valid true copy. Guarantees inalcated hereon shall run only to the person for whom the survey » - ?, u ot; his bch�lf to.the is prepared. title comaa ,;. ;r„vntal agency and l <' - d-' r• i lending inS11%, , s'ec l;zreon and to the assio aes ci :"e lending instl- i tution. Guam?tses are not transferable to additional irs itucions or subsequent , AL UL JUI t)r^ 6. howners. _. J! r OF HEIy CIO NNN... J j� .: �} K�• �. 2 �0 3:3 i� r i COUNTY OF SUFFOLK __ �RoBEgr J _GAEENEr _ . T.., j UFFOLK GOUN, [TY\,EXEC AVE STEPHEN M. JONES, A.I.C. P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING !iNov 19917, `O ` ----------':'-_October 30, 1997 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 Planning 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 determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Albertson, Lauren Girale, Sarah Wickham GGN:cc C:\WPWIN60\WPDOCS\ZONING\WORKING\LDS\OC-REH 111897. OCT 4510 4513 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE ■ P.O. BOX 6100 0 HAUPPAUGE, LONG ISLAND, NY 11788-0099 0 (516) 853-5190 0 FAX (516) 853-4044 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio,'Jr. Lvdia A. Tortora . 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 (5I6) 765-1809 Pursuant to Article = of the Su:rfolk County A(tdnist=ative ,Code, Mite Board of A=eals of the Tcwn of Soutl:cld, New Yo=, he ---by refers the fcjjxv ng to the Suffolk County P?annira Cession XX Variance from the Zonina Code, .Article XXIII ,Section 100-231A Variance from Determination of Southold Town Building inspector Special Exception, Articie ,.Section Special Permi t Appeal No: 4513 Apolicznt: Sarah Wickham Gieale Location of Affected Land: 1.60 East Road, Cutchogue, NY County Tax hap it-zm No.: 7000-110-7-17 Within 500 feet of: Town or `tillage Boundary Line _ Body of 'dater (Bay, Sound or Estuary) State or County Road, Par'cway, Plighway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or ?roposed County, State or Federal Parc or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Orainage Channel Owned by the County .or for which the County has.established Channel Lines, or Within One Mile of a Nuclear Power:Plant Within One ',Iile of an Airport Comments: Applicant is rea,uesti, no jermissiOn..to'erect a fence over four feet high in the front yard area :.op i as o.r Town 11 ;e and re:..ed documen enc:osea for your r.e.view. 7iated: October 28, 1997 Yjj p G� �� L y O . -37� 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 (5I6) 765-1809 Pursuant to Article = of the Su:rfolk County A(tdnist=ative ,Code, Mite Board of A=eals of the Tcwn of Soutl:cld, New Yo=, he ---by refers the fcjjxv ng to the Suffolk County P?annira Cession XX Variance from the Zonina Code, .Article XXIII ,Section 100-231A Variance from Determination of Southold Town Building inspector Special Exception, Articie ,.Section Special Permi t Appeal No: 4513 Apolicznt: Sarah Wickham Gieale Location of Affected Land: 1.60 East Road, Cutchogue, NY County Tax hap it-zm No.: 7000-110-7-17 Within 500 feet of: Town or `tillage Boundary Line _ Body of 'dater (Bay, Sound or Estuary) State or County Road, Par'cway, Plighway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or ?roposed County, State or Federal Parc or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Orainage Channel Owned by the County .or for which the County has.established Channel Lines, or Within One Mile of a Nuclear Power:Plant Within One ',Iile of an Airport Comments: Applicant is rea,uesti, no jermissiOn..to'erect a fence over four feet high in the front yard area :.op i as o.r Town 11 ;e and re:..ed documen enc:osea for your r.e.view. 7iated: October 28, 1997 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora October 27, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mrs Sarah Wickham Gicale 22 Dellcastle Ct. Gaithersburg, MD 20760 Re: Appl. 44506 - Fence Height Variance Dear Ms. Gicale: Enclosed please find a copy of the Appeals Board's determination rendered at . our October 23, 1997 meeting. . A copy of this determination has also been 'furnished to the Building Inspector's Office for their application file. As you may recall, a permit from the. Building Department is required before the fence is placed; and you may wish to contact them directly at 765-1802 to determine if any other document or permit fee is required for issuance of the permit. Very truly yours, Linda Kowalski Enclosure Copies of Decision on 10/27: Building Inspectors' Office North Fork Fence & Supply Co. P.O. Box 476 Mattituck, NY 11952 APPEALS BOARD MEMBER;:, �Og�FFBI Gerard R Goehringer, Chairman y Serge Doyen c -4 : C#3 _ James Dinizio, Jr.. A Lydia A. Tortora 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 FINDINGS, DELIBERATIONS `AND DETERMINATION REGULAR MEETING OF OCTOBER 23, ,1997. Appl. #4513 - SARAH WICKHAM GICALE PARCEL 1000-110-7-17 STREET & LOCALITY: 160 East Road, Cutchogue DATE OF PUBLIC HEARING: October 9, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in' an R-40 Low -Density Residential' Zone District,' being situate on the south side of East Road, Cutchogue, with frontage along Cutchogue Harbor. This lot contains. a total area of approximately 39,995 sq.' 'ft., Iall as more particularly shown on survey map dated July 22, 1986 prepared by Roderick VanTuyl, P . C . The , map submitted with this application shows that the subject premises is improved with a single-family dwelling and accessory garage, situate in the front yard,area to the north of the dwelling. BASIS OF APPEAL- Building Inspector's Action of Disapproval dated July. 8, 1997 which. reads as follows: under Article XXIII, Section 100-231A, fence located in the front yard of residential zones shall not exceed four (4), feet --in, height. Action required by Zoning Board of Appeals. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate, at a point 40 feet from the front property line .along the westerly side property line, a proposed six ft. - high fence for a running distance of 95 feet* from .the front property line, along. the front yard area. The , proposed six ft. height is shown also as an extension of a proposed fence as per code limitations within the first 40 feet of the front yard area.' - REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The grant of the area variance will not, produce an undesirable change in character of neighborhood or a detriment to nearby properties because the applicant's property' is a wooded waterfront lot and the fence would not be , easily visible to neighboring properties. Page 2 - October 23, 7 Appl. #4513: 1000-110-(-17 (S. Gicale) Southold Town Board of Appeals (2) , The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the applicant has testified that a 6 foot high fence is needed to safeguard the property from vandalism and unauthorized use. 3. The requested variance is not substantial,, representing a two -foot increase over the four -foot code maximum height. 4. The situation has not been self-created because the applicant has testified that the increased fence height is to prevent an on-going, problem of vandalism and trespassing. 5. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the increased height of the fence will be obscured by mature wooded trees. In considering this application, the Board finds that the relief requested 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. RESOLUTION/ ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as requested. VOTE -OF THE BOARD: AYES: GO and DOYEN. This resolution was du. Actions. all/ 110-7-17 I DINIZIO, TORTORA, P. GOEHRINUER, C 1. ADDITIONAL HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 9,1997 NOTICE 1S HEREBY GIVEN, pur- suant to Section 267 of the Town Law and the Code of th6 Towit of Southold{ .t I; the following ipplicatlons'will be held • for • public•..•. headngs.,.,bY....._the.:•.I SOUTIIOLD ;TOWN BOARD OF-.:' AppEAIS;'at the Southoldliiwn Hall, 53095 Main Road," Southold, New York 11971, on THURSDAY; OCTO- BER 9,1997 at the times noted below' (or soon thereafter):.I.7 ,., '!I ti:35 . p.m. Appl.' . #4517.JD. ' — GABRIEL DARIN., Based upon the j Building Inspector's • September "11, l 1997 Notice of Disapproval, a variance isrequested under Article III, Section 100-33 for approval of "tis built" acces , "� sory storage building;`constructed under Building permit #2,4214Z;with a .:I finished height of 18 ft. 8 inches; which exceeds the maximum allowable , fin - a -u -d hetaht ravera¢e mean height) per code. Property Locauon: i.7JV - .•_ ' Road, Mattituck, NY; County Parcel b l #1000-106-10-3. • . • " ~`,:a '-' x;-;;., 6:40 , p.m. ' Appl-1 #4516.GCi —� Page 28 - Hearing -.L-ranscripts October 9, 1997 - Board of Appeals 9:48 P.M. - Appl. #4513 - SARAH WICKHAM GICALE CHAIRMAN GOEHRINGER: Based upon the Building Inspector's July 8, 1997, Notice of Disapproval, a Variance is requested to erect that portion of proposed fence which will exceed the four -ft. height requirement within or along a front yard area, Article XXIII, Section 100-231 (A). Property Location: 160 East Road, Cutchogue, N.Y.; County Parcel #1000-110-7-17. I have a copy of the survey from Roderick Van Tuyl, dated July 22, 1986, indicating the penned in area of the fence that the applicant requested.and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Would you state your name for the record. MS. GICALE: My name is Sarah Gicale. CHAIRMAN GOEHRINGER: What would you like to tell us? MS. GICALE: I'd like to say that my understanding (too much static) and it's difficult (static) but, where I would like to erect a fence is on the driveway because (static) and that fence would be in back of two pieces of property that are next to (static) So, if you were to call my front yard it's really back yard to these two pieces of property. The reason I want to erect the fence is (static) not necessarily (too much static). There's a continue problem with kids there, drinking, with drugs, and police and my property (statice) taking things ( ) to my house. I'm just trying to do something about it. My neighbors ( ) that own, rent out. One building the closest to (static) say about it. I really don't know what else to do. (static) cutting through my property. I know they do. My other neighbor, when I called him and told him what this hearing is about, said to me that's a good idea, I'm constantly chasing kids out of your yard. (Too much static) So, I guess what I'm trying to tell you is (static) and I'm just trying to (static). CHAIRMAN GODHRINGER: A 4 foot fence isn't going to do it, is that what you're telling us? MS. GICALE: I don't believe so. I don't think so. MEMBER TORTORA: What's the distance of the 6 foot (static), total distance? MS. GICALE: (static) Well, initially it would be 4 foot fence graded up to a 6 foot fence. CHAIRMAN GOEHRINGER: It says 40 feet. MEMBER TORTORA: 40 feet, is that correct? MS. GICALE: Yes. U Page 29 - Hearing .'ranscripts October 9, 1997 - Board of Appeals MEMBER TORTORA: 40 feet, that's 4 feet high and 95 feet (static)? MS. GICALE: Yes, and then it continues. I mean that would drop down and I would say there's still continue property up til the Bay. I didn't want to continue all the way up. I didn't think the neighbors (static) would appreciate that. CHAIRMAN GOEHRINGER: You said most of the penetration is on the corner of East Road and Fleets Neck Road, over that part? MS. GICALE: (Inaudible, static) So, they're obviously in the habit of doing that. I've told my new tenant should they, she was using the stairs, I don't believe she is now, (static) they're a lot of people out there and (static). CHAIRMAN GOEHRINGER: Alright, thank you. Any questions of this applicant? Anybody else like to speak in favor? Anybody like to speak against? Sir, just state your name for the record. MR. JESSUP. My name is John Jessup. I own a house (static) on the road side. On the front side. I have no qualms about a 4 foot fence. I put a fence on the other side (static) I put a fence up with a ( ) between the houses. They would have to walk all the way down on the other people's property to (static) and the person that is there now, doesn't have any children. to be continued. BOARD OF APPr-ALS:TOWN OF SOUTHOLD -----------------------------------t In the Matter of the Application AFFIDAVIT of S1 Y4, 17 & ex _C (Name of Applicants) ------------------------------------ AFFIDAVIT OF L AILING AND POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) VOd am �ll residing at j - d Y.o being duly sworn, depose and say that: 1) On the day of , 1996, I personally mailed, by certified mail, return receipt reouested, a trnse copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post OE ice to each of said persons by certified mail, return receipt requested: Name of Surrounding Pr uerty Owner Mailing Address jq /I C13 --r and, - 2) the day of 1991, I personally posted the properly i tified as Dd rict 1000, Section , Block Lo , by placing the Town's official poster ten (10) feet, or , =rom the property line :acing the street (or facing rhe ht -of -w- , and that I have checked to be sure the poster h remained in place for seven full days prior to the date of th public hearing(date'of­ bear ing noted thereon to be -held Sworn to before me this ;signature) day of OCA— 1901 Andrew Martin — NOTARY PUBLIC COUNTY OF MONTGOMERY N ar Pu _ STATE OF MARYLAND MY COMM. EXPS. 5/1/99 (?lease __cure -- _te office av _!:e soar' at Appeals when c=Iezed. Thank you.) 1qq f/q,5:5— BOARD OF APPEALS:TOWN OF SOUTHOLD -------------------------------- In the Matter of the Application AFFIDAVIT Of ar IL (Name of Applicants). x --------------- -- ----[T-OF MAILING AND POSTING COUNTY OF SUFFOLK) STATE, OF NEW YORK)-.:: residing at; New York,, being:. duly sworn, depose and - say that: 193 , . h personally mailed, 1) On the : day of =: , of .the e uested a true by certifi d mail return re t rcopy attached Notice, add sed ..to each of the following named their respective . names, that persons at t e addresses. et .Opposite the addresses 'ted below re those s'ttohaatn sai Notices were the current assess malled at ment rolls of the Town o NSoufhold; the United States Pos Office to - each of said persons by certift mail, return receipt uested: Name of Su un Proiperty Owner Mailiny, Address and, 2) On the 0�' day of 5eptemW, 199-1, I personally posted . identified as District 1000, Section li(� the property by placing the Tow'n's official poster Block �} Lot_ ro ert lime facing the street ten (10) feet, or closer, from thde thatpI have checked to be sure (or facing the right -of -w in lace for seven full days prior to the the poster has lic hremearing (date of h a g no d thereon to be held date of the P g __L7_(s t re) Sworn to before me -this 7 -_day of -.1997. _ w HELENS D. Fii�RlalE N lVa4y' Pubnb,'9tbib--of Newyork' Otio:-4951364 Notary Public - . _ Suffallc County 3uaOied iR. = A13lii6fssi®iT ExpI SS'M'-6 L 22, 4 9 � ( ce of .,the Be ~ a wnen. cis e:ed. 3`h;Of' gDpP.�—�' a .. § 58-1 NOTICE OF -PUBLIC =ARLN G § 58-I Chapter 58 NOTICE OF PUBLIC HEARING' §5&1. Providing notice of public hearings. .(HISTORY.- Adopted by the Tower_ Board ofthe'Town of . Southold 12-2 i 1995 as L.L. tato. r5-1995:_ Amendments - aoted.where applicable.] -._- _ _.m.; -y - § 38-L Providing notice of public hearings_ , Whenever the Cade calls for a. public hearing, this section shall apply. Upon determining that an apoiication is complete,' the board' or commission ,ieviewing the same shall &z a time and place for a public Bearing thereon. The board or commission reviewing an application shall provide for the giving of notice:-.: A. By causing, a notice. giving `the time, . date, place and° nature of the: Bearing to be published in the official' newspaper Within the period prescribed bylaw. 3: B.v"rggWring the. apolicanc to erect the sign provided by the coven, which shall be prominently displayed on the premises facing each. public or private street which the property involved in the application abuts, giving notice of . the application, the nature of the approval sought thereby and the time and pierce ' of the public hearing thereon. The sign shall be sec back not morn than ten (10) feet tm the property line. The sign shall be displayed for a period ' of not ' less than seven- (7) - days - immediately preceding- the ' date of ' the public hearing: The applicant or hislher agent shall de an affidavit that .-. slhe has complied with this provision.`_._ .._.. _---..._.. C: -'By requiring the °applicant to send notice to the owners of `record-- of. - every- - property which abuts and . every property which is across from any public or private street SOU'I"30LD CODE from the ?cooerty included -in the aopi =don:^ Suet aoiice shalt --be made by certified mail, return receipt ,qupgted. posted at least seven (;1' days prior to the date of the initial public hearing an; the appiicatiacs >and addra4sid to the miners at the addre_a ,1'tsteci far t liem or aatsnail locmiLThe.appicant on �E.a rite affidavit that: she -has :'cosroiied,:Jhui 'this: 7 ,Z.-"iY'• dtin. y _ �, _.�ti�.'•'o- F?-W�S.c�.•-�.a`.� ;',r �- "�in,tir.i 4.1--.-..:. _ . 3, APPEALS BOARD MEMBERS Gerard P- Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD September 29, 1997 - Re: Application Pending with the Board of Appeals Dear. Sir or Madam: Southold Town Hall 53095 Main Road P.O.'Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 For your records, please find enclosed a copy of the Legal Notice which will be published by our office in the upcoming issue of the Suffolk Times. As soon as may be possible, please send a copy of this legal notice (or similar letter describing your project and confirming the hearing date, time and place of the public hearing) by certified mail -return receipt requested to all surrounding property owners, including property owners across streets or vehicular rights-of-way and those who own vacant land . `� Flab Also enclosed is a si n to be posted at the subject property within ten (10) feet from the front property line for a period of seven (7) days, or longer at your choice- -�-Y 41 Please return the following to us, together with the completed Affidavits of Mailing and Posting: a) postmarked receipts from the post office showing the date you mailed the notices by certified mail; b) green signature cards once they have been received (you may .return these later if you do not receive them all by the hearing date) . If you have questions, please feel free to call. i Very truly yours, C; r Aina Kowalski MaryAnn Cybulski (PT) Lucia Farrell (PT ) Enclosures ' lnag.97/appl.new NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, - Southold, New York, concerning this property. IWNER(S) OF RECORD: r0 L If you have an interest in this project, you are invited to view the Town file(s) which are available .for inspection prior to the day of the hearing during normal business days between the hours of 9 a.m. and 4 a.m. BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (516) 765-1809 `✓Ctrl m+1C�. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4513 DATE: ""SEPTEMBER 8, 1997 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted is application for a waiver of SARAH WICKHAM GICALE together with Zoning Board of Appeals Questionnaire; Short Environmental Assessment Form; Notice of Disapproval from the Building Department; copy of building permit application; and survey. �r Judith T. try Southold Town Clerk .60 4-1 VAP -,v- (V ce,AJ4.V mooZd LU LLi -goo Cedar FtL F- er -,m q W 10 z sT E Ps NAIL (o L o 'T, N A N,41L 114 OCCK C4 ...... . . UPI kly PECC�N'- .4 U: V F Y E Q ji i cyl. 22, lQ66 v L W', L.Akl'D SUlc. Afor---Fjuev JuNu i2.jc)9.3 REASON FOR APPEAL Cun 1 inuecl 1. STRICT APPLICATION Of= TILE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because a four foot high fence is not a sufficient deterrent and would deny me the ability to adequately safeguard the property from vandalism and unauthorized use.of the property by children and others. 2. The hardship created is UNIQUE and Is not shored by all properties alike In the Irnmedlate vicinity of this properly and In lids use district because a. the property is wooded and the house set back from the road b. what the Town considers to be the "front" yard of the property is also the "back" yard of the property 'adjoining on the side where the fence would be situated c. because the property is used primarily during the summer, there is a large portion of the year that the house is vacant and not easily safeguarded. 3. The Variance would observe the spiral of the Ordinance and WOULD NOT CHANGE THE ('I IARACTER OF THE DISTRICT I)CCOL15e since the trees on the property are mature, the fence would not be easily visible. In addition, the fence observes the spirit of the ordinance in -that the other side of the fence consitutes the back yard of the neighboring property. STATE OF +:Qf;R9- COUNTY OF ) SI( )nuture Sworn to this ... .......L/...... .................. doy of............. ...... ..................... 19 t17 U,;-��i.John K Hurd NOTARY PUBLIC COUNTY OF MONTGOMERY U STATE OF MARYLAND MY COMM. L.i.::. 6/1 /99 The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FOM%1 INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If anv question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the _ project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes : X NO 2. Will there be a major change to any unique or unusual land form on the site? Yes X No 3. Will project alter or have a large effect on an existing body of water? Yes X No 4. Will project have a potentially large impact on X grouncwater quality? Yes No 5. Will project significantly effect drainage flow XX on adjacent sites? Yes -Z10 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. B. 9. 10. 11. Will project result•in a major adverse effect on air cuality? Yes X .No Will project have a major effect on visual char- acter of the community or scenic views or vistas X known to be important to the community? Yes No Will project adversely impact any site or struct- ure of historic, pre -historic, or paleontological importance or any site designated as a critical X environmental area by a local agency? Yes No Will project have a major effect on existing or future recreational opportunities? Yes X No Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes No K4 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- X ante as a result of the project's operation? Yes No 13. Will project have any impact on public health X or safety? Yes No 14. Will project affect the existing community by directly causing a growth in permanent popula- X tion of more than 5 percent over.a one-year Yes No period or have a major negative effect on the character of the community or neighborhood? 15. Is il fere public controversy concerning the _ X bli _project? _Yes No Preparer's Signature: i Representing: liRl Date: SWIT ZBA 9/•75 QUESTIMTAIRE FCR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Sarah Wickham Gicale, owner B. Is the subject premises listed on the real estate market for se -or being shown to prospective buyers? ( ) Yes () No. (.If Yes, please attach copy of "condit± oras" of sale.) C. Are there =7 T=_ orals to mange rr alter land coiL��.ss? { } Yes { X} No D. 1. Are there any areas which contain wetland grasses? Yes 2. Are the wetland areas shown on the map submitted with this a-,-lication? Yes 3. Is the property bull::eaded between the wetlands area and the upland building area? Yes 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? No - proposed fence is not near wetlands area E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads er fercs which exist sand are not she -,v -n on the ' survey snap that you are. submitting? None if none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit.a copy of your building permit and map as approved by. the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel summer residence and proposed use same Au t. 'jo rized Sig.^.azure and Date 3/87. jo/gnii- § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Sout old. (Added 6-5-84 by L.L..No- 6-19841 WE=A_NDS [Amended 8-26-76 by L -L- No. 2-1975; 3-26- 85 by LL. Na. 6-1935k A. i 1DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel- marshmallow and jaw march ccrdgrmss:zaaar (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B- FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 2.5-0107, Subdivisions I(a) to 1(d) inclusive, of the Environmental Conservation Law of the State Of New York: and (2) All land immediateiv adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." - 9705 .s • as APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 1 Appl. No. 4198: BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road Xv P.O. Box 1179 \p� Southold, New York 11971 N Fax (516) 765-1823 Telephone (516) 765-1800 FINDINGS AND DETERMINATION Matter of DR." GEORGE KOFINAS.'Variance to the Zoning Ordinance, Article XXIII, Section 100-231(A) for approval of fence height above four feet, as exists. Location of Property: 552 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-18.2. WHEREAS, after due notice, a public hearing was held on October 18, 1993, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings.of fact: 1. By this application, appellant requests approval of the placement of a fence located within and along the front yard areas at a total height of six feet. The length of the fence is approximately 155-160 feet in the front yard, and approximately the entire length of the northerly, easterly, and southerly property lines. All of the fencing is six feet in height, however, a variance is not required for those yard areas other than the front yard. This fence enclosure is intended to fully enclose the entire parcel. 2. A copy of a survey prepared by Roderick VanTuyl, P.C. has been submitted with this application which shows the following improvements: (a) preexisting two-story, single-family stucco dwelling; (b) 20' by 40' inground pool constructed under Building Permit No. 20329 issued 12/12/91; (c) accessory storage building near the beach, (d) bulkhead along Great Peconic Bay. Page 2 - Appl. No. 4198 Matter of DR. GEORGE KOFINAS Decision.Rendered October 18, 1993 The pool and fence enclosure will require final approval by the Building Department concerning the application for a Certificate of Occupancy under the 12/12/91 Building Permit. 3. Article XXIII, Section 100-.231 of the Zoning Code provides that a fence to be situated along the front property line be erected and maintained at a height not exceeding four feet. (Fences along the side and rear yard areas are permitted at a height up to 6-1/2 feet.) 4. It is the position of the Board in considering this application that:'-. (a) the property is uniquely situated at the end of a private right -o€ -way located off the south side of East Road, which is screened on both sides by hedges at a height of approximately eight feet; landowner; (b) the circumstances are not personal to the I (c) the relief requested is not substantial; (d) the application does not involve a request for an increase of unit density; (e) the relief requested will not cause a substantial effect on available governmental facilities since the structure is a fence for security, screening and privacy purposes; . (e) the relief requested is not unreasonable due to the uniqueness of the property and the surrounding areas; (f) there is no other alternative available; (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, be adverse to neighboring properties, or alter the essential character of the neighborhood since there is other (natural) screening at heights above four feet near the'area of this fence. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it,was - RESOLVED, to GRANT relief for the placement.of fencing in Page 3 - Appl. No. 4198 Matter of DR. GEORGE KOFINAS Decision Rendered October 18, 1993 or along the front yard areas at a maximum height of six feet, as requested. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton and Goehringer. {Member Villa was absent (out of town)}. This resolution was duly adopted. lk GERARD P. GOEHRI.NGER,