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37
267
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
lk�jcft
Lydia A. Tortora
Maureen C. Ostermann
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
ADOPTED AT REGULAR MEETING OF MAY 19, 1997
Appl. No. 4481 - CHRISTINE McCABE
PARCEL 1000-117-3-7
STREET & LOCALITY: 855 Old Harbor Road, New Suffolk
DATE OF PUBLIC HEARING: May 19, 1997
FINDINGS (PROPERTY FACTS):
DESCRIPTION: This property is located in a Residential Zone
District, being situate on the north side of Old Harbor Road, New
Suffolk with 300+- ft. road frontage. The subject premises is
improved with a two-story dwelling set back 60 ft. and with the new
deck at 44.0 feet (ref: sketch submitted with this application by
applicant) .
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
May 5, 1997, which states that under Article III, Section 100-33,
applicants have applied for permission to locate an accessory gazebo
structure in an area other than the required rear yard.
accessory gazeoo structure o it.
located with a setback not closer
Harbor Road at its closest point,
property line.
TED BY APPLICANT: To locate
by 14 ft. in size in a front yard
than 45 feet from the center of Old
and 35 feet near edge of front
REASONS FOR BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the area variance will not produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because it will be situated behind an eight ft.
privet hedge and within a formal garden;
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
because of the unique shape of the property.
(3) The requested area variance is substantial because it is 56 feet
from the existing house and 35 feet from the front property line
along the road.
Page 2 - May 19, 1997
Re: 1000-117-3-7 (McCabe)
Southold Town Board of Appeals
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions h -the neighborhood or
district because it will be situated behind an eight ft. privet hedge
and within a formal garden.
(5) The situation has not been self-created because of the irregular
shape of the property.
(6) This action is the minimum that the Board deems 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 Ostermann, seconded
by Chairman Goehringer, it was
RESOLVED, to GRANT the relief as applied.
VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, TORTORA,
OSTERMANN and GOEHRINGER. (Absent as: Member Doyen of
Fishers Island). This resolution wa nani uslyopte 4-A.
Actions. 97/117-3-7
—1.— ,
Resolution Adopted 5/19/97
RECEIVED AND FILED BY
THE SOUTIiOLD TOWN CLEM
DATES/a�#7 HOUR
Town QcrloTJcs veld
APPEALS BOARD MEMBERS
Gerard P Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Wn06X
Lydia A. Tortora
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
LEGAL NOTICE
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
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 MONDAY, MAY 19, 1997 at the times noted below (or as
soon thereafter as possible):
6:45 p.m. Appl. No. 4475 - MARY FISCHETTI. Request for a Variance
under Article XXIV, Section 100-244B, based upon the February 21, 1997
Action of Disapproval issued by the Building Inspector for permission to
locate
>o x�
to
existing dwelling which
will
z
a reduced
BOARD OF APPEALS
TOWN OF SOUTHOLD
LEGAL NOTICE
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
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 MONDAY, MAY 19, 1997 at the times noted below (or as
soon thereafter as possible):
6:45 p.m. Appl. No. 4475 - MARY FISCHETTI. Request for a Variance
under Article XXIV, Section 100-244B, based upon the February 21, 1997
Action of Disapproval issued by the Building Inspector for permission to
locate
an addition
to
existing dwelling which
will
have
a reduced
side
yard
setback at
less
than the required 10
feet,
and
less than
the
required total of both side yards of 25 feet. Location of Property:
3760 Minnehaha Boulevard, Southold, NY; Countv Parcel ID
i#1000-87-3-4. This parcel contains a total area of 9,874 sq. ft.
Zone: R-40 Residential.
6:50 p.m. Appl. No. 4476
- MARIA
BULIS.
Request
for a
Variance
or closer
under Article XXIV, Section
100-244B,
based
upon the
March
11, 1997
Action of Disapproval issued by the Building Inspector for permission to
locate a deck addition to existing dwelling which will have a reduced
front yard setback at
less than
the
minimum of
40
feet,
or closer
minimum when using
an average
(if
available)
of
the
established
Page 2 - Legal Notice -
Southold Town Board of Appeals
Regular Meeting of May 19, 1997
nonconforming
front yard
setbacks
within 300 feet, on the same
side of
the street, same block) .
Location
of Property: 490
Aquaview
Avenue,
East Marion, NY; County Parcel ID 01000-21-3-5. This parcel contains
a total area of approximately 21,000 sq. £t.
6:55 p.m. Appl. No. 4477 - ARTIE and CAROL SIRICO. Request for a
Variance under Article XXIV, Section 100-244B, based upon the
April 17, 1997
Action
of Disapproval issued by
the Building
Inspector for
permission to
remove
an existing deck, and
replace with
an addition,
which will
exceed
the 20
percent
lot
coverage limitation. Location of
Property:
105
Private
Road
#31,
Southold, NY; County Parcel
#1000-77-3-25.
7:00 p.m. Appl. No. 4478 - LEO and GERALDINE OLSEN. Request to
Reverse Decision of the Building Inspector, and in the alternative, a
Variance under Article XXIV, Section 100-243, based upon the April 15,
1997 Action of Disapproval issued by the Building Inspector, in
applicant's repair and new roof, and proposed overhead door, for an
existing accessory shed. Location of Property: 3590 Main Road and
Gull Pond Lane, Greenport, NY; County Parcel #1000-35-4-28.12.
7:10 p.m. Appl. No. 4479 - JOHN AND ELSIE NIEDERAUER. Request
for a Variance under Article III, Section 100-33C based upon the
March 18, 1997 Action of Disapproval by the Building Inspector for
permission to construct an accessory garage in the front yard at less
than the required 40 feet for a parcel containing 24,000+- sq. ft. in
area. Location of Property: 1745 Bayshore Road, Greenport, NY;
Countv Parcel #1000-53-4-7. R-40 Residential Zone.
Page 3 - Legal Notice's
Southold Town Board of Appeals
Regular Meeting of May 19, 1997
7:20 p.m. HUGH DANGLER and CHRISTINE McCABE. This is a request
for a Variance under Article III, Section 100-33 (R-80 Zone) based upon
the May 5, 1997 Action of Disapproval issued by the Building Inspector,
whereby applicants have applied for permission to locate an accessory
gazebo structure in an area other than the required rear yard at
premises known at 855 Old Harbor Road, New Suffolk, Town of Southold,
NY; County Parcel #1000-117-3-7.
The Board of Appeals will at said time and place hear any and all
persons or representatives desiring to be heard in the above applica-
tions. Written comments may also be submitted prior to the conclusion of
the subject hearing. The above hearings will not start before the time
designated. Each file is available for review during regular business
hours. If you have questions, please do not hesitate to call 765-1809.
Dated: May 6, 1997. GERARD P. GOEHRINGER, Chairman
SOUTHOLD TOWN BOARD OF APPEALS
C-
{
ruWN OF SOU'ITOLI)
BUlLI)IN(: DF-TARIMGNP
'I OWN Cl..Ell K'S OPPICI;
SOU'tl i01-1), N.Y-
NO'1'1CG OF DISAPPROVAi,
�,.y...
PLEASE TA KF- NOTICH 11nl vour api licatirm dated ...... �G �� ....... 19 �. .
�r�(JCc[riT ��t��,�IGL,,,vG.���l�ii-cam,/ of nl
for penin( In f/ moi.
Location of Properly ..�� .. dlel?4.�? ...:....l,
Flnrue No. rrrr�� Strner Nauder
Comity Tex Map No. 1000 Section.... / �I.L..... Block ..ted.......... Lot 1 ............ .
Subdivision Piled IMnp Nn . ................ Lot No.
is relurnrd herewith and disapplow.,d nn the follo{vmg Itrounds /."� .409,411. °C..=-? .......
.................... ........... ........................... ...:.:................
.............
........-- .....I .. :....:.........
;;m i.1d.ing i{.pec Q0c
RV 1/80
RD OF NEACTII
FORM NO. 1: 3 SETS OF PLANS ...............
-. 'TOWN OF SOUTHOLD SURVEY ........................
U
"•'f .i BUILDING DEPARTMENT CHECK
TOWN HALL SEPTIC FORM ...................
rt SOUTHOLD, N.Y. 11971
B
uJFO ¢ ...
:uF S ,� :k?i :1 TEL: 765-1802 NOTIFY:
CALI.
Examined .................. 19.... MAIL TO: ....................
Approved..........p 9.... Perna
....................................
Disapproved a/c .`%. (..� . _
.................................
(Building Inspector)
APPLICATION FOR BUILDING PERMIT n, }�
..Date....
INSTRUCTIONS 66
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector with
3 sets of plans, accurate plot plan to scale. Fee according to schedule.
b_. Plot plan slowing location of lot and of buildings on premises, relationship to adjoining premises or Ixd)lic
streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of
this application. -
c. The work covered by this application may not he commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such
permit shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in wlale or in part for any purpose whatever until a Certificate of
Occupancy shall have been granted by the Building Inspector.
APPLICNrION IS HERR- tVM to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of die Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for remival or demolition, as herein
described. lbe applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and
regulations, and to admit authorized inspectors on premises and inN ding for necessary inspections.
��e
(Signature of applicant, or name, if a corporation)
.....
(Mailing address of applicant)
Sate whether applicant is owne essee, agent, architect, engineer, general contractor, electrician, plumber or builder.
............................. l .......� ........ ._ ... _
li -
Name of owner of premises ................................. ..................... .............................
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
.........................................................
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
� 'C-
.................
Electricians License No . ..................... -
Odmer Trade's License No. .......... c---
1. ;:tion of land on which proposed work will be done.70M....
(louse Umber�.
Street Ilanlet
County Tax Map No. 1000 Section ................ Block ................ Lot ................
Subdivision .................:.................... Filed Map No. ................ Lot ...............
(Name)
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy ..... A4. .�
................. ......................
b. Inter" use and occupancy ..... ..1..L V cy"`�-' ........
......... ............. ......
x�aY auml�i?a �aaw6� V""
0L'i"5'M1016 ,60
wGrrlt4ftlsuo
3. t.l(ure of w(itk (check wlli(lr al ld ic._.re): Noxa iklilding ........,. &klition .......... At terat ion ...
14e1xrir ............ Ralwal t...,........ Denial i. Lion ............ Other W xk...................................
(Description)
4. EsLinilte(1 Cost ......................... fee ..............................................
(to Ile paid (NI filing this application)
5. if duelling, rudler of. dwelling; Inti Ls .........:.. Timber of (kaeiling nnits on each floor ................
if garage, mmAier of cars ........ -....
6. If Inisiness, (xxm>ercial or mixed ocoiliancy, specify naLure aril extent of each type of use. . . ...........
7. Dinensimis of existing stnlctvres, if airy: Front: ............ Rear ............... Deptle .................
Ileiglllt ......................... fkniier of .Stories
Dimensions of sane structure with alteratiotis or rxklitions: front ............ Rear
Depth .................... Weight Nrnilev of Stories ...............
It. Dlnrensions of entire rrew consLnx:tion: Front: ................ Rear ............... Depth ..............
Be illlt ......................... Uidier of Stories .......
9. Size of lot:: 1"T"It: .................... Rear. .................... Depth ....................
lo. Rate of Ihrrchase ..................... Nrrrxe of Korner (karer........................................
II. 7rxie or use district in rhidi prenises are situated..............................................................
12. ikies prolxrsetl corrstnx-Linn violate any 7sming lacy,ordinance or regulation: ........................
1:1. Will. lot lie regraded .................... Will excess fill lie runoved 1-ron pronises: YfS No
11; Manes of Owner of I'm. nises ........................... Address ilxNre No.
Time of Architect .................................... Address .............................. Ilxxre tbi ..............
N:nr: of (sxit:ractor................................... Address ...............................Mine lio. ..............
15. is this properLy within 300 feet of a tidal wetland? * YI?S .......... AIC) ..........
*IF YES, S(AIIIM) ITAM 11AR US LTITMI'i' MAY IRE li"WHED.
irl.o'I' DiAGRAN
IcicaLe clearly and distinctly all imiidings, wiielher existing or proposed, and indicate all set -liar -k dimensions
frau ptoperty lines. .Give street and block rxnlier or description according to deed, and sliow street nares and indicate
rdretlxer interioror corner lot.
SIA'Ih. (N� TAIJ Y(N2K
p 9,
fXAIN1Y (A�'���. U�: ..j(.,C,.<'.
.. _._ �. ; .+!1,. .. ` �'.('.'. `!a..:`.................lieinlr duly swciru, detxvses 411x1 says that: he_ is the applic::rnt
(T7:nr, of irxlivid, signing c(inLracl)J
alxNP_ lumml,
Ike is the .................... In. .?�..Y.........................................
.... ... .............
(unit.iactor, agent, corlxirate officer, etc-)
(,I said nmer or owi KtrF, 411x1 is duly authorized to lierfonx or have lierfotined Ule said mirk and to snake aril file lhis
application; Ileal: allsUrlsnenLs. cmtiiniyl in this applicat.: ion are true to the best: of his kl Kxale(Ige aril Ixil ie.F; nlxi
that. the wrirk will lie lierfoone(1 in Lhe nnrnrer seL for Lh in Lhe alelrl.ication filed tllereni th.
S}..nnn to lief( , w this Q%
�..... ( of.. 1.19..` /
liotarY Ih� ..... �%I V
(Signal �i e of Applicant)
ININYNmY/Ybtk1jy ��/
RECEIVED �Sf, s%3 f7
A� 0; 19' TOWN OF SOUTNOLD, NEW YORK
APPS OF BUILDING INSPECTOR APPEAL NO.T / OF
DATOA�.j... :b......
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y,
:ora 1A®UES �m�J
...........................
Nome of peflont'j t % 4�,Jt' t�a(nd Number
X5...:'.`�...�... .. ..L: ...... HEREBY APPEAL TO
M polity ✓✓✓ State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATIONFOR PERMIT NO. .................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit q k
of ab5� oi�(5 c1� c7�i� msvo �v `iii oto
..........................................................................................................................
Street and Number Municipality
Stote
PERMIT TO USE
PERMIT FOR OCCUPANCY
'112'F_� ha
0 is%1cT 1ot)0
1. LOCATION OF THE PROPERTY t.�1..... L®riatSCi?.$®
Street /Hamlet / Use District on Zoning Map
District 1000 Sectionll1 Block 3 Lot ..Current Owner
ivlap No. Lor No. Prior Owner C'o\X A\
� o
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article ifs Section I1 — 39
3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box)
( �!/ A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal 4wi v) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property,
Such appeal was ( ) request for a special permit
( ) request for a variance _
and was made in Appeal No.—�..::...-. ..........Dated........--�.— ........................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
o'f) A Variance to the Zoning Ordinance
a
( )
i
is requested for the reason that Wt'
Form ZBI (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
l
o\ '. tib
2, The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
3. The Variance would observe the spirit of the Ordinance and
WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
ati E x c; r�2� �� ', ��
�u
o CA
�Ij
NIF, T,
\\'IAF$ �
IR
Q a
0
SLATE OF NEW YORK /1 ) ........ Signa`tu-�/ C
`j�� c D�o"'yl—)Y ss ...!i......4!.tr.. .. �-9..:...:..
COUNTY OF e
Sworn to this..........5..................... day of.....(.................................. 19��
.............5.....:.......................
Notary Public
l aLEME 0. I?Os N W
Notary u"Ubl'c„ St.?%e of Nedfai:mk
si € 96 c LF4
�.aui:aiiai£d, ira S urol'R Coup. -,y
". TOWN OF SGUTi�®�.D Pk PERTY RECORD CARD
1WNER STREET _�� -- - VILLAGE --- DISTRICT nSUB. LOT — - __ - -----
YIY Alf) XJ N 44
ORMER OWNER N E ACREAGE
�/� 6y 1 _ a r �"
I� Y �' 1 Iia <,
/�
V�, L— l\�1vy] ------/t>p,t (1 WTYPE OF BUILDING
C;/%�F/I G1 Ajlai' -- ---� S - --
- ---
COMM. I IND I CB. I MISC. E t Mlct. Value
ES ��(J SEAS. VL FARM — --- -- --- -- -- --
T_ —
LAND LMR `FOTAI_
DATE REMARKS - �i"1 c n 1.c�t•'. —
q
f. JQV1.#_ti1!f--
Z..L.'
xx.
--
s_c — —)K (
(" C) I
Swampland
House Plot
Total
"%
AGE
BUII-DING CONDITIN^�
- - ---- ----- — ------
- — --FRONTAGE
NEW
-- ---
NORMAL
--
BELOW ABOVE
ON WATER —�- - -
Value
FRONTAGE ON ROAD �Q
Form
Acre
Value Per Acre
BULKHEAD __.... _ ...._._ . _.:
_
Tillable 1
.. _...
DOCK
Tillable 2
)illable 3
----- --- --
Woodland1.Y..
r _
Swampland
House Plot
Total
-11-1, ,�.,,
T
77
IRA!
A. Bldg.
13,5o
s'O -
Both
xtension✓
Basement
AxV�
Floors
0 (V
xtension
------- - --
Ext. Walls'rh
vv-
Interior Finish
) o
xtension
Five plar,90-
Heat
Porch
Roof Type
Porch
Roorns 1st Floor
redieway
l
Patio
Roams 2nd Floor
;arager
0-b.
z/'a
veway
Dormer
---------------
T
f. )
�N
�'-.j,. MAY 191971
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DEPARTMENT OF PLANNING
Town of Southold
Zoning Board of Appeals
COUNT( OF SUFFOLK
ROBEFir J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
,_SIEPIiEN M. JONES, A.I.C.P.
_ ;0_IRECTOR'OFi PI�NNIR6.
May 28, 1997 +;IAY 3 0J
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)-
-Warren,
Linda & Lawrence 4471
Bulis, Maria 4476
Sirico, Artie & Carol 4477
Olsen, Leo & Geraldine 4478
\McCabe, Christine 4481
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
C:1W P W I N 60\ W P D 0 C MO N I N G1W 0 RKI N GILD SWAYS D4471. MAY
220 RABRO DRIVE ■ P.O. BOX 6100 ® HAUPPAUGE, LONG ISLAND, NY 11788-0099 9 (516) 853-5190 2 FAX (516) 853.4044
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
1ekqX
Lydia A. Tortora
Maureen C. Ostermann
- -�Mt jN
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
Pursuant to Article = of tte Suffolk Countv Ac-tninistrative Code, The
Board of Aureals of the Tcwn of Southold, vew York, hereby refers the following
to the Suffolk County Planning C=mission:
XX Variance from the Zoning Code, Article III , .Section 100 -33 -
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No: 4481 Applicant: Christine McCabe
Location of Affected Lund: 855 Old Harbor Road, NeW Suffolk, NY
County Tax Map Item No.: 1000-117-3-7
Within 500 feet of:
Town or Village Boundary Line
XX Body of 'dater (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or other
Recreation Area
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
Within One Mile of a Nuclear Power Plant
Within One Mile of an Airport
Comments: Applicant is requesting permission.to locate accessory gazebo
in.the front yard area
Copies of Town 1lle ang rela ea documents enclosed for your review.
Dated; May 27, 1997
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
Pursuant to Article = of tte Suffolk Countv Ac-tninistrative Code, The
Board of Aureals of the Tcwn of Southold, vew York, hereby refers the following
to the Suffolk County Planning C=mission:
XX Variance from the Zoning Code, Article III , .Section 100 -33 -
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No: 4481 Applicant: Christine McCabe
Location of Affected Lund: 855 Old Harbor Road, NeW Suffolk, NY
County Tax Map Item No.: 1000-117-3-7
Within 500 feet of:
Town or Village Boundary Line
XX Body of 'dater (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or other
Recreation Area
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
Within One Mile of a Nuclear Power Plant
Within One Mile of an Airport
Comments: Applicant is requesting permission.to locate accessory gazebo
in.the front yard area
Copies of Town 1lle ang rela ea documents enclosed for your review.
Dated; May 27, 1997
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
Maureen C - Ostermann
Mrs. Christine McCabe
Mr . Hugh Dangler
855 Old Harbour Road
New Suffolk, NY 11956
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 22, 1997
Re: Variance Application for Accessory Gazebo Location
Dear Mrs. McCabe and Mr. Dangler
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Please find enclosed a copy of the board's decision, adopted at
our May 19, 1997 Regular Meeting. A copy has today also been
furnished to the Building Inspector's Office as an update to their
initial Action of Disapproval and for use in the open building
permit application file.
Before constructing the gazebo, be sure to obtain your building
permit from the Building Department '(765-1802) . , (An extra copy of
the board's decision is enclosed, if needed.)
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to:
Building Department
FROM DOUGLAS F. !JHELA•d 919 4G.7 O653 IE 1,3. _ Dc; =x'90 May. 1'81 1997 10: 13Ptl F01
Hugh F, Dangler
PCS 308, ®Id Harbor Rd,
New Suffolk, New York 11956
(516) 734 4182
May 7, 1997
To: John Kohler, Richard Murcott as trustees, 49 Yokum St, Farmingdale, N.Y.
11735
Douglas Whelan, F & MF, 302 Banwell Ct., Morrisville, N.C. 27560
Andrew J. Torgrove, Joni Beth Friedman, Apt 2C, 333 W. 22nd St, N.Y.
N.Y. 10011
Frederick, C�Ie In, Sharon Helmink, PC Box 302, 750 Old Harbor Rd.,
New.Suffoik, N.Y. 11956
Frederick Endemann, 495 Eugenes Rd, Cutchogue, N.N. 11953
Katherine Tuthill, PO Box 557, Old Harbor RSI, Now Suffolk, N.Y. 11956
Susan H. Kwit, 155 Eost.76th St, New York, N.Y. 10021
From: Christine McCabe and Hugh Dangler
Re: The enclosed Southold Town Board of Appeals Legal Notice, the plot plan
and drawing of a Gazebo
As you know and will see from the plot plop, our house at 855 Old Harbor is
sited at the very (back of a triangular plot, We are asking for a variance
to build a small 8' x 14' gazebo situated Sas noted on the plot 35' from the
road and behind the 8' high privet hedge. It will be simple like the sketch
and will have garden flowers all around It.
We hope you agree that because the house, Is set back 60' with really minimal
knack yard space and all that landscaped front yard area, the addition of
a little gazebo behind the hedge will In noway aff=ect the quality or
character of our neighborhood.
The construction will be treated wood twi k n ,radar shingle roof, no doors,
no windows, with a woad floor. call its at 734 4182 if you have
questions or comments. Thank you,
5
C.�`-�.� C.�� il'tc.f�tis'�.. ;V'+'..r �' ,.-�,.(I.0-�5.�± v�d.,' , '�.�� , �...f- �«"��%�`�'✓ �r�'�-'-,� l�'`�"?-s'`�'
�i
t.1..ri'�F-A.-
12, l 997
21292E
To whorn h knay coAc4'rn.,
HATHANIEL
155 Elast 76th S'tre'et
New York, N Y 10021
212-989-3358 P/F
: Certified Mail Nuusber Z36858839')
With regard to the notification, sent via U.S. Mail, of a meeting of the
Southold 'Fown Zoning Board of Appeal, with. respect to the request
j)t C176stitie. McCabe for the erection ofa Gazebos on her proPerty nr'
Old Harbor Rt -,),:td. this docttrtnat3t will attest to the fact that i h, -a -%'e
rec.+?we.d such tiotif;4a.tion.
Q, inc;erely.
Susan T, H
Ctwner of Property on
Old Harbor Road
Z 368 588 386
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1997
FACE 01
Hugh F. Dangler
��P;O 308; Old Harbor Rd.
_ N'e1"uuff6' 11k; New York 11956
t �,� ` (51'6) 734 4182
MAY 191997 fI lJ
May 7, 199711'
To: John Kohler MRic_hard_Murcott-as-trustees, 49 Yokum St, Farmingdale, N.Y.
11735
Douglas Whelan, F & MF, 302 Benwell Ct., Morrisville, N.C. 27560
Andrew J. Torgrove, Joni Beth Friedman, Apt 2C, 333 W. 22nd St, N.Y.
N.Y. 10011
Frederick Klein, Sharon Heimink, PO Box 302, 750 Old Harbor Rd.,
New Suffolk, N.Y. 11956
Frederick Endemann, 495 Eugenes Rd, Cutchogue, N.,Y. 11953
Katherine Tuthill, PO Box 657, Old Harbor Rd, New Suffolk, N.Y. 11956
Susan H. Kwit, 155 East 76th St, New York, N.Y. 10021
From: Christine McCabe and Hugh Dangler
Re: The enclosed Southold Town Board of Appeals Legal Notice, the plot plan
and drawing of a Gazebo
As you know -and will see from the plot plan, our house at 855 Old H rbor is
sited at the very back of a triangular plot. We are asking for a rience
to build a small 8' x 14' gazebo situated as noted on the plot from the p v'
road and behind the 8' high privet hedge. It will be simple li a the sketch
and*ill have garden flowers all around it.
We hopey u agree that because the house, is set back 60' with really minimal
bac yard space and all that landscaped front yard area, the addition of
a lift a gazebo behind the hedge will in no way affect the quality or
cha octet of our neighborhood.
The cons4jctlon will be treated wood with a cedar shingle roof, no doors,
no indows, with a wood floor. Please call us at 734 4182 if you have
qu stions-or comments: Thankiyou.
I' MAY0'i,1 y�c CJs
I
.,
To: Town of Southold Building & Zoning
April 28, 97
From: Christine McCabe
855 Old Harbor Rd
New Suffolk, N.Y. 11956, (516) 734 4182
Re: Building Permit for a gazebo
Zoning - R 80
District 1000
Section: 117
Block 03
Lot 07
The ture will be treated wood on concrete (or cinder blocks)
8' —1 Z' located 35' from the town road tar line and 56' from the
b rner of the house, not the porch. Please see plot plan and
sketch for details.
�1 The roof will be cedar shingles. No electric fixtures or plumbing.
We will build as soon as you process our request. Thank you.
\� Christine McCabe
51�'' yti
May 7, 1997
Hugh F. Dangler
PO 308, Old Harbor Rd.
New Suffolk, New York 11956
(516) 734 4182
To: John Kohler, Richard Murcott as trustees, 49 Yokum St, Farmingdale, N.Y.
11735
Douglas Whelan, F & MF, 302 Benwell Ct., Morrisville, N.C. 27560
Andrew J. Torgrove, Joni Beth Friedman, Apt 2C, 333 W. 22nd St, N.Y.
N.Y. 10011
Frederick Klein, Sharon Heimink, PO Box 302, 750 Old Harbor Rd.,
New Suffolk, N.Y. 11956
Frederick Endemann, 495 Eugenes Rd, Cutchogue, N.,Y. 11953
Katherine Tuthill, PO Box 657, Old Harbor Rd, New Suffolk, N.Y. 11956
Susan H. Kwit, 155 East 76th St, New York, N.Y. 10021
From: Christine McCabe and Hugh Dangler
Re: The enclosed Southold Town Board of Appeals Legal Notice, the plot plan
and drawing of a Gazebo
As you know and will see from the plot plan, our house at 855 Old Harbor is
sited at the very back of a triangular plot. We are asking for a varience
to build a small 8' x 14' gazebo situated as noted on the plot 35' from the
road and behind the 8' high privet hedge. It will be simple like the sketch
and will have garden flowers all around it.
We hope you agree that because the house, is set back 60' with really minimal
back yard space and all that landscaped front yard area, the addition of
a little gazebo behind the hedge will in no way affect the quality or
character of our neighborhood.
The construction will be treated wood with a cedar shingle roof, no doors,
no windows, with a wood floor. Please call us at 734 4182 if you have
questions or comments. Thank you.
18
L
Size:kLfeet by twve feet.
Height: Twelve feet. See floor plan No. 16.
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Size: -six feet by twelve feet.
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BOARD OF APPEALS:TOWN OF SOUTHOLD
-----------------------------------
In the Matter of the Application AFFIDAVIT
of
(Name of Applicants)
---------------x
-------------------AFFIDAVIT OF MAILIN
G AND POSTING
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I C\y ST I \A,-CR,� esiding at
New York, being duly sworn, depose and say that:
1) On the
A110-1 day of 199, I personally mailed,
by certified mail teturn receipt requested, a true Copp 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 Office to each of said persons by certified
mail, return receipt requested:
Name of Surrounding Property Owner
YO
Mailing Address
131 co�RY•�1o���s�lur No�f�IcAR�;
1�672'2..11c��T.N\I10�1i '1 C7
hAgA 1R P . 0\0 t °15�v
C 13 q5
3
11
and,
2) On the �✓ day of , 1997, I personally posted
the property identified as District 100 , Section Rs
tBlock. `O 3 Lotby placing the Towofficial poster
ten (10) fest, or closer, from the property line facing the street
(or facing the right-of-wav) , and that I have checked to be sure
the poster has remained in place for seven full days prior to the
date of e public hearing (date of hearing noted thereon to be held
�q�1997).
N!�
Sworn to before me this (si
day of 1997. �p
1 �LIZA H ANN NEVILLE
Notary Public, State of N sv York
Nota �uDlic No° 52-8125850, � uffolk Count
- Term Expires October 31,19W.
?lease recur:: she o= =ice of the Board of Appeal a whey. cempleced.
§ 58-1 NOTICE OF PUBLIC HEARING § 58-1
Chapter 58
NOTICE OF PUBLIC HEARING
§ 58-1. Providing notice of public hearings.
[HISTORY: Adopted by the Town Board of the Town of
Southold 12-27-1995 as L.L. No. 25-1995. Amendments
noted where applicable.]
§ 58-1. Providing notice of public hearings.
Whenever the Code calls for a public hearing, this section
shall apply. Upon determining that an application is complete,
the board or commission reviewing the same shall fix a time
and place for a public hearing 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 hearing to be published in the official
newspaper within the period prescribed by law.
B. By requiring the applicant to erect the sign provided by
the town, 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 place of the public hearing
thereon. The sign shall be set back not more than ten
(10) feet from 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 his/her agent shall file an affidavit that
s/he 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
§ 58-1 SOUTHOLD CODE § 58-1
from the. property included in the application. Such
notice shall be made by certified mail, return receipt"
requested, posted at least seven (7) days prior to the date
of the initial public hearing on the application and
addressed to the owners at the addresses listed for them
on the local assessment roll. The applicant or agent shall
file an affidavit that s/he has complied with this
provision.
ado inn J4?
Z 368 588 348
,. US Postal Service
Receipt for Certified Mail US Postal Service
No Insurance Coverage Provided. Receipt for Certified Mail
Do not use for International Mail (See reverse No Insurance Coverage Provided.
Sent ta� % Do not use for International Mail (See rev,
D U (�dJ f jr� t , Sent 'I ,�
Street & Number w r, '^� 2 r C�
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US Postal Service Certified Fee
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Whom & Date Delivered
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TOTAL Postage &,I:::
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Whom &Date Delivered
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Postage $
Certified Fee
Special Delivery Fee
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Return Receipt Showing to
Whom & Date Del' ,
Return Receipt S
Date, & AddreEdA 9
TOTAL Posfag & Fe $ V s
Postmark or Date Q
Z 368 588 350
US Postal Service
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Z 368 588 346
US Postal Service
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No Insurance Coverage Provided.
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Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
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Street & Nurr�har
Post Office, S"tat�e/, & Z Code
L S k �Ryl
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:ifieCerlIdFee
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Do not use for International Mail See reverse}
Sent to
Street Numb
Pe ice, tate, & ZI 6 e
l�b�t
Postage $
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing to
Whom & Date Del' ,
Return Receipt S
Date, & AddreEdA 9
TOTAL Posfag & Fe $ V s
Postmark or Date Q
Z 368 588 350
US Postal Service
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No Insurance Coverage Provided.
Do not use for Internationalit fSee reverse
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LEGAL NOTICE
Y ?
NOTICE IS HEREBY. GIVEN-' "
^`v
scant to Sectitiii"267 ofthe IbvvrE I a STATE OF NEW YORK)
and.the-_C; oftheTownofsii4tio1,F.
thefollowidigumob ionsww�il[`beheld`
for publics"ligarings,:_,liyz ;fhc;` ;same side. of the street, same block): _ Section•-100-33C. based upon the
SOUTHOLDzTOWN� BOARD,=rdr •::�"::L =on of Property: 490 Aquaview_:' Manu 18, 1997 Action of Disapproval /
APPEALS;atth4SoutholdTownHall,;'L^�:�Av'enue; East- Marion, NY; County, by the Building. Inspector for permis- of Mattituek, in
53095 Main:RoadSoatlold:<Nevw ID '#1000-21-3-5.:This _ paroef .; sion to construct an aoxssory, garage .
x....
York:1971„on ;biONDAY,:MAY 19;'-`�4:` ctintains a total area of approximately -: in the : front :yard- at less .than the IWOrn says that he/she
1997 at,the. times not below hoc, as . -�' .21,000. sq: ft required 40 feet for a parcel containing I
soon thereafter as pos$bk): 6:55' p.m- AppL No. 4477 — 24,000± sq. fL . in. area. Location .of - E SUFFOLK TIMES, a
6:45: p.m-:-.Appl..No:_.4475:-_= : ; ARTIE.and, CAROL -SIRICO..Re Property::. 1745=„Bayshore .Road,: fished at Mattituck, in
_
MARY FISCHETTL. Request for a quest for a Variance under Article:,' Greenport,NY; County Parcel #1000-
Variance underAiticle )MV, Section, XXCV, Section, 100-244B, based upon„ 53.4-7. R40 Residential Zone County Of Suffolk and
100-244B, based upon the- February the April 17; 1997 Action of.---. 7:20 p.m. HUGH-DANGLER and: 1
21, 1997 Action of Disapproval issued Disapproval issued by the Building-,. CHRISTINE' McCABE. This is a at the Notice of.which
by the Building Inspector for permis- Inspector for permission to remove an,=� request fora Variance imderArtide BI,
copy, has been regular-
at
to locate. an, addition. to existing' existing deck, and replace, with. an - Section 100-33 -"-Zone) based
dwelling which. will have a. reduced addition, which will exceed the 20 per- upon the _ May 5_1997. Action. of spaper once each week
side yard setback at less:than .the-. ::cent loc.ccmverage:limitation. Location Disapproval issued ..by' the Building.
- required 10 feet,' and' less than ;
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
R*X3CXMXX
Lydia A. Tortora
Maureen C. Ostermann
SUFF01
BOARD OF APPEALS
TOWN OF SOUTHOLD
May /o; 1997
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Re: New Application
Dear '7Z,.
Please find enclosed a copy of the Legal Notice confirming the date
and time of the public hearing on your recent application. Also:
1. Enclosed is
a sign
which must
be posted within 10 feet from the
front property line
(facing
the traveled
roadway or town street) . After
the sign has remained in
place at
least seven days, the enclosed
Affidavit of Posting
and Mailing
should
be signed before a notary public,
and returned to our office
not later than the hearing time. Th sigia
may remain in place
longer
than seven
days which is always preferred -
but not required . )
2. Please immediately send a copy of the enclosed Legal Notice with
"¢ your name and telephone number listed as the contact person (cover
letter is suggested), by certified mail, return receipt requested, to
all surrounding property owners and owners across any street or
right-of-way.
c4 DK1% 3. 'Please attach the postmarked (white) certified mail receipts to
the Affidavit of Posting and Mailing when returning it to us.
4. Later, once you receive the signature (green) cards, please
send them to us for the permanent file.
Enclosures
Very truly yours,
Linda Kowalski
MaryAnn Cybulski
P.S. For your convenience, we enclose another copy of the "standards"
of law to be addressed at the hearing, or in writing beforehand.
(Waiver standards or area variance standards) .
lnag.97/letter.app
Page 2 '- May 19. !97
Re: 1000-117-3-7 (McCabe)
Southold Town Board of Appeals
(4) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because it will be situated behind an eight ft. privet hedge
and within a formal garden.
(5) The situation has not been self-created .because of the irregular
shape of the property.
_(6) . This action is the minimum that the Board deems 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 Ostermann, seconded
by Chairman Goehringer, it was
RESOLVED, to GRANT the relief as applied.
VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, TORTORA,
OSTERMANN and GOEHRINGER. (Absent was: Member Doyen of
Fishers Island) . This resolution was-unani uslyacropte 4-1
'
GERARD P. GOEHRINGER, C AIRMAN
Resolution Adopted 5/19/97
Actions. 97/117-3-7
17:45 P.M. - Appl . . _). 4481 -HUGH DANGLER ancx CHRISTINE
McCABE
CHAIRMAN: This is a request for a Variance under Article III,
Section 100-33 (R-80 Zone) based upon the May 5, 1997 Action of
Disapproval issued by the Building Inspector, whereby applicants
have applied for permission to locate an accessory gazebo structure
in an area other than the required rear yard at premises known as
855 Old Harbor Road, New Suffolk, Town of Southold, N.Y.; County
Parcel #1000-117-3-7. I have a copy of a site plan indicating the
placement of the gazebo at approximately 56 feet, west of the house,
the main dwelling and it appears to be 45 feet from Old Harbor Road
and the middle of the road and the requested size is 8 x 14 and I
have a copy of the Suffolk County Tax Map indicating this and
surrounding properties in the area. Is there somebody that would
like to be heard? Good evening Sir. Would you state your name for
the record.
MR. DANGLER: Hugh Dangler.
CHAIRMAN: How are you? Tell us why you would like this location
Mr. Dangler.
MR. DANGLER: Our house is situated on the back of a triangle and
it's a wonderful location because we have a lot of land but, we have
no, place to develope our garden with a gazebo with the house set so
Page*pn - Hearing Tr,____ cripts
May 19, 1997 - Board of Appeals
far back. I believe you have the plot plan which shows the
We have a garden already there. We had a windmill before, the
place had a windmill before we bought it which blew down in a
hurricane and we're proposing to put a gazebo with a garden around
it where the old windmill went up and we feel that it won't interfere
with the neighborhood in any way because it will be hidden by an 8
foot thick pivot hedge which is also set 2 feet above the Old Harbor
Road and so it's a very private garden with a private structure
which will be . open and I talked with the Building Department and
they approve of what we're doing. We're putting hurricane braces
so that the hurricane won't get underneath the roof and lift it over
and we're bolting it to the ground with 3 foot deep of concrete hinge
and we feel that it will add not only to the value of the house but
to the beauty of the neighborhood.
CHAIRMAN: Is this actually a gazebo or is it a rectangular type of
building? Is it six sided?
MR. DANGLER: No, in the sense it's really a tea house but to
explain a tea house to people is a little difficult. It's simply a
roof structure where we would go and enjoy the garden and
probably have tea and we wouldn't see the road or the cars and the
people and they wouldn't see us.
CHAIRMAN: What's the approximate height of it, Sir, do you know?
MR. DANGLER: Well we measured it. We had the architects there
and we figured it's about 10 feet from the floor and I expect that
would be another 2 or 3 inches from the earth depending upon how
the structure falls on the ground.
CHAIRMAN: This structure contains no utility, right? No
electricity?
MR. DANGLER: No, nothing. No electricity, nothing. It's simply
a place to and garden.
CHAIRMAN: OK, can you tell us why it was important for us to get
this on tonight for you?
MR. DANGLER: We've rented the house to wonderful people for the
summer again and we have to have that constructed certainly before
they move in and we've been offered an opportunity to have the
structure paid for by a magazine because they say the setting is
beautiful and the structure would be something that. people all over
the country would like to see and perhaps build, so there is
urgency, believe me.
CHAIRMAN: OK, starting with Mr. Dinizio.
MEMBER DINIZIO: No, I have no questions.
Page*pn - Hearing Tr cripts
May 19, 1997 - Board of Appeals
CHAIRMAN: Mrs. Ostermann.
MEMBER OSTERMANN: No questions.
CHAIRMAN: Mrs. Tortora.
MEMBER TORTORA: No.
CHAIRMAN: OK. While you're standing there, we'll see if anybody
in the audience would like to speak. Is there anybody that would
like to speak in favor? Anybody like to speak against? Hearing no
further questions I'll make a motion closing the hearing reserving
decision until later.
MEMBER OSTERMANN: Second.
CHAIRMAN: All in favor.
MEMBERS: Aye.
7:50 P.M. - Appl. No. 4469 - RAYMOND FEDYNAK
CHAIRMAN: This is a carryover from the last two scheduled
meetings. Is there anybody here, Fedynak? I'll make a motion
carry it to the 19th which is the actual regularly scheduled
meeting.
MEMBER OSTERMANN: Second.
CHAIRMAN: All in favor.
MEMBERS: Aye
8:00 P.M. - Appl. No. 4465 - BARRY and CAROL ASNESS
MEMBER DINIZIO: Continued hearing. (Previously postponed for
additional information) . We received some additional information
concerning weights. I personally have a few questions about it and
I'd like to see maybe we can get them straightened .out. Concerning
the actual total weight for what you're excavating and I see you
have what the pool weighs but, we have no definitive number to
subtract from that in the numbers that you gave us and I'm
wondering if you could -
Page*pn - Hearing Tr-__-cripts
May 19, 1997 - Board of Appeals
MR. ASNESS: We've two sets of figures that you said were given
to you by the pool company and then- there's one that was
done up
by the engineer.
MEMBER DINIZIO: Yes, by one, Sambach. I have
the pool
company which is very clear.
MR. ASNESS: And Sambach uses the same figures but
he uses
it in mathematical terms here and if you go a quarter of
the way
down he has the weight of the earth being 475.
MEMBER DINIZIO: What is that 475, pounds?
MR. ASNESS: I think that's tons.
MEMBER DINIZIO: 475 tons?
MR. ASNESS: Right, and this is, his calculations for the
weight of
the pool and water. Those figures are all up above here
and this
figure comes out rather close to the same numbers that
the pool
company had but they have, I think they've got 325 or
something
like that.
MEMBER DINIZIO: Yes, 328.
MEMBER TORTORA: Could you read into the record for us the
calculations based on new information.
MR. ASNESS: Per total pool company, we have a sheet here from
John Rachel that's signed, that gives the weight for the water
displacement at 186,459 pounds, the stone coping installed around
the perimeter on top at 4,000 pounds, the cement, 40 cubic yards of
cement at 138,000 pounds, the total weight of the pool is 328,459
pounds. Warren Sambach, Engineer, Cutchogue, who was here to
testify the week before tonight. His- own calculations he went
overboard on the concrete, making the walls as thick as 12 inches.
His. figures come out for the pool weighing 368,500 pounds, pool
water slab concrete and he has the amount of earth displaced at
475,000 pounds. Over 100,000 pounds lighter. He shows all of his
calculations above it. We don't have exact calculations, we have the
results from the pool company. He also has a sketch that he added
on the back to your drawing. It shows that actually by placing the
pool here, not only is the pool lighter, but any thrust downward is
to be lowered by the depth of the pool because of course, the pool
lighter foundation of the house does not expand at the top. All of
the weight is contained, so its been lowered from the top of the
ground level there, or at the top of this bluff by one end 4-1/2 feet
lower and the other end 5-1/2 feet lower. So, that thrust, that
weight which is less now has also been reduced to a lower level and
contained.
Page*pn - Hearing Tr-..-cripts
May 19, 1997 - Board of Appeals
MEMBER DINIZIO: OK, so I have approximately 24 tons OK, and
that's for the difference? I suppose that this 475,000 pounds total
that comes out to about 24 tons and the pool itself weighs
approximately 16 tons. A little bit easier for me to understand.
Also, then how do you intend to, you know, what are you going to
do about digging this, you know, the equipment that's going to be
on there?
MR. ASNESS: The equipment is relatively small scale. You have
to keep in mind that a gunite pool is not poured concrete like you
come up to a hole when you pour a foundation where you have to
get your equipment up on top. It's sprayed through a hose. So of
course the heavy concrete trucks can park right where the fuel
trucks do in the driveway or right down where the cars presently
park and that hose is brought up on the side and you spray this
gunite inside the pool. What makes the gunite pool work is that
you don't go in and dig a huge hole like you do for a house and
then fill the dirt in later on, you sculpture out just the sides of
the area for the pool and then you put your re , your
reenforcing. So, it is very gently excavated. It's not in there
where your knocking things down and moving quickly. You're as
carefully as possible cutting a hole in the ground so that the
thickness of your wall when you're shaping a pool is designed by
that hole that you put in there. So, it' is done very carefully
depending on the particular situation, either with a backhoe or a
bucket or a very small bulldozer and I'm sure in this case it does
concern a bulldozer even on a small size and scale of the distance
that it is we could work this out so that this equipment had rubber
tires on it.
MEMBER TORTORA: Just a question on the new survey that you
submitted. I just want to reiterate the variance request would be
this is the final bearing request here would be for 55 feet on the
westerly side of the proposed nearest edge of the westerly side,
correct?
MR. ASNESS: Yes, as it is sketched here to what the surveyor
has is top affect.
MEMBER TORTORA: And 65 feet on the eastern side?
MR. ASNESS: Yes, those are the closest points he could find in
the are.
MEMBER TORTORA: What is the 88 feet. What does that mark
mean?
MR. ASNESS: I believe the 88 feet is the other end of the wooden
platform that they have there.
Page*pn - Hearing T -----scripts
May 19, 1997 - Board of Appeals
MEMBER TORTORA: I. don't know, I couldn't figure it out.
That's why I'm asking. If its not relevant then don't need to know,
but I just wondered what it meant.
MR. ASNESS : Oh, no, actually what we're doing is there are two
lines there. The 88 feet from the top of the bank and then we also
were requested at one of the earlier meetings to show the coastal
erosion hazard line. So, from the coastal erosion hazard line,
that's the line that starts on the western side of the property and
then slowly moves down across the bank towards the neighbors to
the east and gets further and further from the houses that line is 65
feet, from that line it's 88 feet from the top of bank line. So, he's
using the same radius to show you where it intersects the hazard
line.
MEMBER TORTORA: So the 65 feet is to the coastal erosion
hazard line, is that correct?
MR. ASNESS : Right. 88 feet is to the top of bank line and then
because they change there to some degree he hasn't used the same
radius he's used different radius again to show you the closest
point, and the hazard line is 38 on the other side and 55 on
Shannon's side. We also show the existing wooden deck here to both
lines to, so each of the locations are the front yard top of bank and
they both are hazards. We've added on that same survey other
request for the drywell and a line showing the plumbing will go to
that. I believe you have a gallon that came from the pool company
as well, the size of the and again this is a low chemical treatment
system and very low back wash is being done, it's all below grade.
MEMBER TORTORA: OK, I don't have any more questions.
MEMBER DINIZIO: Noreen.
MEMBER OSTERMANN: No.
MEMBER DINIZIO: Is there anybody else that would like to speak
in favor?
BOARD SECRETARY KOWALSKI: Could we have your name please?
MRS. ASNESS : My name is Carol Asness . Good evening to the
Zoning Board of Appeals and I'd like to say good evening to
everyone as well. I have a copy of what I'm going to. I've lived on
the North Fork for the last 11 years of my 53 years. Just had a
birthday last week and it's, I feel real good about it. My husband
Barry and I lived in Peconic just 5 houses off the Bay and by living
here we learn to love and respect the North Fork. We also learn
about the fragile nature of our environment that we all live in. Our
dream was to live on the water and it was fulfilled last September.
We sold the house in Peconic and bought a house on a high bluff in
Page*pn - Hearing Trw..-cripts
May 19, 1997 - Board of Appeals
Mattituck overlooking the Long Island Sound. My work takes me to
many places in the United States and often. I go out of the country.
I commute somewhat almost every week of my life. Either I go to
New York City or I fly somewhere off to work but no matter where I
go I'm always anxious to return to the beauty and tranquility that I
find here on the North Fork. Unfortunately, this tranquility has
been marred. Our mediate neighbors to the west Warren and Mei
Brady have ardently objected to our variance application for a pool.
As to this I must note a clear _ pattern. They have also stated that
they objected to the initial building of our house on our lot, some
20 years ago. The Shannons, our neighbors to the east told us that
they gave their builders a hard time when they built their home,
also about 20 years ago and of course you're aware of the Psyllos's
tennis court situation. The score card as to our close
neighbors is as follows. Our mediate neighbors to the east, the
Shannons as I mentioned have no objection to the pool. They wish
us well and express that their only concern in all of this is our
unpleasant welcome to the Mattituck area. The neighbors east of the
Shannors, the Sledjeskis have raised no objection. I haven't heard
of any objections from the Burns, west of the Bradys, and
certainly, I have no objection but from Duck Cooper who spoke
clearly at the last hearing that our pool is not the problem. He's
attended the last two Zoning Board Appeals meeting and
demonstrated his support and I'm grateful to him for that. The
Psyllos's are contiguous neighbors to the south have also wished us
well. Additionally, and just for the record, the people who have
objected to our pool other than the Bradys do not live contiguous to
us or to the Bradys or to the Shannons. I'd like to move to some of
the more relative concepts though. Is there erosion on the bluffs.
Is weight on top of the bluffs the cause of the erosion and does a
pool weigh more or less than the dirt that's removed and ultimately
can a small pool built close to our house cause erosion of the bluff
upon which it sits. First I'd like to look at other bluffs eroding.
Of course there are other erosion on the bluffs. It's sad to walk
along the sound beaches in Mattituck. There's a lot of erosion.
You can see the cliff sheared and flight of steps in various stages
of decay. Unfortunately, none of it is caused by what's on top of
the bluffs. If it was, it would be easier to fix. It's all caused
by what's happening down below, the winds, the tides, the jetties
and the forces of nature at work. Again, back to my question, is
the weight on the top of the bluffs the cause of the erosion?
Unequivocally, the answer is really, no. I spent hours in the last
two weeks on the internet reading about beach and soil erosion and
beach erosion control. Nowhere did anyone discuss the cause or
relationship between the weight on top and the erosion of any other
shoreline. When you read reports on erosion from Hawaii to
California to New York, erosion was always discussed in relation to
the water and the tides. Never as to the weight added to bluffs or
land. Nor did I ever find the term fault in any of the relative
literature on erosion. But just to allay any fears the weight of the
proposed pool will be less than the dirt removed. We've even been
Page*pn - Hearing Ti cripts
May 19, 1997 - Board of Appeals
advised by a structural engineer that we should really compare the
weight of the pool to the weight of wetter not dry since soil gets
heavier when it rains. If you look at it that way, then the pool
really weighs much less than the existing dirt. In fact, by building
the pool, we're actually in essence lighting up the weight on the
bluff, not that that really matters. But, back to the issue, what
we're asking for is permission to build our pool close to our house
well within the setback of our two adjacent neighbors. I ask you to
grant our permission. The issues seem here clear and direct and I
hope that the Zoning Board of Appeals can make the right decision
and we can all move on and I thank you for hearing this.
MEMBER DINIZIO: Thank you very much. Is there anybody else
would like to speak in favor?
MR. COOPER: Ben Cooper. I have two regrets here tonight. One
is that I'm not as articulate as Mrs. Asness, I have to totally
agree with her. What she says but she says it much nicer. She is
totally accurate and correct in all statements. My other regret is
that the focus of all this confrontation is on the swimming pool.
It's totally misdirected. It should be at curing the problems. If
the neighbors could work together to solve the problems we'd all
benefit instead of fighting over a humanness swimming pool. Thank
you.
MEMBER DINIZIO: Anybody else for? Anybody against like to
speak?
MR. BRADY: I'm Warren Brady of Mattituck Hills, 31 year resident
here. Well, first I direct your attention to Warren Sambach's
drawings here and where he shows a section of the pool, he shows
that we have 18 foot from the pool to the crest of the bluff. There's
a fault line there where the steps had to keep being added on each
year or two because that part is sinking, sliding down because the
stairway to the beach of course has to be repaired every couple of
years. Said collapse is due to the shifting. Now, I don't think
that all of these plot plans that keep getting revised and
everything, we're using a computer generated line to work against
which is not practical. The actual crest is shown where the crest is
breaking away and they have' to add steps to get up and it also of
course covers the faults. That's where the land fault is and you
have some detailed drawing that we submitted before showing where
the crest fault is. So far as the, lets see, we're now talking about
18 feet and we should be 100 feet back. So, we're asking to be
relieved of 82 foot. Of course it wasn't until I got out there
myself and took real measurements to find out exactly how close that
pool was going to be to the crest. My showed up here as 18
feet and that's pretty close.
MEMBER TORTORA: I don't have anything that shows 18 feet.
Oh, there we are, OK. Is that accurate, Mr. Stoutenburgh?
Page*pn - Hearing T ----scripts
May 19, 1997 - Board of Appeals
MR. STOUTENBURGH: I'm not sure, he seems to be judging from
a survey and an engineer's drawing to show you the direction of the
bluff. I don't know if the engineer's playing trivia there. I think
he's trying to show you that the weight of the figures are down at
the lower level than it was originally prepared. I did not ask him
to survey the property or show this hypothetical fault line right
here which I don't have anybody who comes up with that.
MR. BRADY: Excuse me, at the last hearing I gave you some
dimensions from the edge of their wooden platforms to that fault line
that runs on top of the steps and you came up with around 34 feet
if you recall, 33 feet. Those were actual to your measurements, not
computer generated and I've been measuring for 40 years in
business, so, I'm fairly accurate although the tolerance on these
measurements plus or minus an inch doesn't really matter. You're
talking what thirty, he admits here by his drawings, it's designed
18 foot clearance here. So, you've got to juggle that and think
about how that may be. See where the fault line is very
critical on this. You may of been using the line that's 10 feet down
where the lower platform is but that's not the true crest. The crest
is at the highest point where it's (inaudible) .
MEMBER DINIZIO: Well, let me ask you this question Mr. Brady.
What are your thoughts on the fact that saying it's going to 8 tons
less weight.
MR. BRADY: Yes, using common and empirical formulas I came up,
it's going to be a few tons less with the water in there and the
gunite. In fact, I spoke with Mr. Tortello on the phone and we
discussed the thing. That was I guess Saturday, so we, after he
did all of this.
MEMBER DINIZIO: I'm asking you, I mean in the scheme of things
wouldn't that be better? Wouldn't less weight be better. I just
think that what you're saying is that this is a ongoing natural
process that you know has probably been there for some time and -
MR. BRADY: Well you know, since they graded it .flat. See, in 79
when he submitted the first plot plan it showed everything perfectly
level. Yeah, well now you notice the steps there. Well, that's
all and this is continuous thing. Now, if we get tremendously
heavy rain fall and get through the sand into clay, lubricate the
clay and then it was ever claimed balances and forces then it will
increase the movement that time.
MEMBER DINIZIO: I understand that. What I'm asking you, you
know, maybe you can't answer it, I don't know, but that there will
be less weight there now if this would be granted.
MR. BRADY: Well, yes, but I think that's offset by the fact that
you're going to have equipped may be disturb that natural
+ Page*pn - Hearing Ti —jeripts
May 19, 1997 - Board of Appeals
cohesiveness of the compacted soil. So, there is some, you know a,
you know cohesion there, if that's a good expression. I haven't
been engineering for a while.
MEMBER DINIZIO: No, no, I think I understand what you're
saying.
MR. BRADY: Once you dig everything away then things will loosen
up and if something happens in the pool it cracks then the water
will run out, depends on how much big the crack is and you know.
I think there's a lot of elements here that have to be thought
about. I certainly want the people you know to have a pool and
have a nice time and enjoy life but I don't want to lie awake and
have the bedroom or cliff erode away while I'm sleeping.
MEMBER DINIZIO: I don't think anybody wants that Mr. Brady.
Anything else?
MR. BRADY: Just one other question that's for Mr.
Stoutenburg. On this new plot plan we show a drywell to drain
the pool. Now, I'm not an expert in pool maintenance by any
means, I've never owned a pool but we're talking roughly 23,000
gallons of water and going into a 3 by 5 drywell and where this
drywell by the way is located is upgrade from my property so if it
overflows this chemically treated water is going to run in because
it's only going to be about 12 feet from my boundary line where its
shown and it will be running down there and probably killing all my
expensive evergreens. So, now, what had to be relocated where it's
not upgrade from where my fence is on my property. In other
words you're not allowed to run water off your property on to
someone else's house. We have been fortunate in that we've had
people back us up from the North Fork Environmental Council.
They actually came to the site and showed the mark fault, showed
where it connects with the Asness's fault and they in their wisdom
would come out against this. So, I want you to keep that in mind
when you're making deliberations. Thank you for your time.
CHAIRMAN PRO TEN DINIZIO: Thank you very much Mr. Brady.
Is there anybody else who wish to speak against? Sir.
MR. WILLS: Good evening, my name is Frank Wills. I'm also a
resident of Mattituck on the bluff to the east of the properties that
we're talking about. I'd like to make a few points and basically go
back in history a bit. When I put my house up 1963 there were no
regulations as to where I could put it. I like the view obviously to
be near the edge of the bluff, so, I said to get so close as 1 could
get, why not. Being a careful type though I said alright lets find
out what the previous erosion has been. The records go back 70
years and the average was 1 to 2 per year. I took the worst case.
Since the beach was 192 foot wide I said I'm not going to worry
about it, I won't be here in 90 years. Of course the longevity
Page*pn - Hearing T scripts
May 19, 1997 - Board of Appeals
changed all that and in 78 I had to move my house because there
was no beach left. My recollection is that around 1980 new rules
and regulations, the zoning regulations were instituted, mandating a
100 foot setback for any structure on the bluff overlooking
presumably Long Island Sound. I 'do not know, don't remember why
this came about, why the town was so concerned to institute such a
rule, but, I think it was a smart one. But, the idea of now saying,
well we can forget this its probably going back to what it use to be
called the good old days which if we're honest about it really
weren't so good, we ignored what ever was there, we did what we
wanted and went ahead and built wherever we felt like it, how high,
whatever it is until zoning rules and building rules came in, most of
which I think were sensible. To now say, that well the pool is only
you know a lighter structure than the thing and it really won't
affect the erosion of the cliff, probably is correct. The fact that
the pool is a moving thing, water moves, could setup some
vibrations, who knows, it's not a static thing. The major erosion is
coming from below. The last time I was up here, I mentioned the
new rock that has shown up in the last 4 years where Cooper's rock
is, except this rock was in the cliff and 4 years ago we didn't know
it was there. It is now free standing and that rock is taller than
this building, this room, and from the wall until about here, there
it stands, all in the last 4 years. What I'm getting at is the
erosion has accelerated and if it keeps going at this rate, nobody
knows whether it will or not, but its done pretty well so far. The
cliff where this property is will be started to be chewed away at the
bottom and anything close to the edge will go. If that is the way of
how we do things nowadays that we say, well lets forget about
what's goner happen, this is what I want, I've got the money to do
it, it's my property, so be it. But I think, the town set some rules
and regulations after some careful thought and I think they ought to
be adhere to. So, I'm not in favor or against putting the pool up,
to me actually the idea of putting the pool when you live on the
water, is a, I won't comment on that, I mean you can walk down the
cliff and you can go swimming, but, that's their own business, it's
their property, so, I'm suggesting that the rules and regulations
that were put in with a lot of thought be enforced. Thank you.
CHAIRMAN PRO TEM DINIZIO: Thank you very much. Is there
anybody else that wishes to speak on this application? No, OK, any
Board Members, any comments?
MEMBER OSTERMANN: No comment.
CHAIRMAN DINIZIO: No, OK, I guess we're going to close this
hearing now.
MEMBER TORTORA: I think we ought to close reserve decision.
CHAIRMAN DINIZIO: OK, Maureen you second that?
Page*pn - Hearing T ----scripts
May 19, 1997 - Board of Appeals
MEMBER OSTERMANN: I will second.
CHAIRMAN DINIZIO: All in favor.
BOARD MEMBERS: Aye.
* * *
r �0\7N
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►`�� I�' MAY 191997
To: Southold Town Board of Appeals
From: Christine McCabe Dangler_ain Hugh F. Dan-g-l-er---
-
Re: Request for Variance under Article 111, Section 100-33 (R-
80 Zone) after Action of Disapproval by the building
,inspector May 5, 1997 because a proposed gazebo would be
located other than in'the required rear yard at 855 Old
Harbor Road, New Suffolk, N.Y.
For: the 7:20 P.M. appointment, May 19 at the regular Meeting
1. All 7 adjoining property owners have been contacted and
your office has proof of delivery except for our neighbor
John Kohler who•has his address at a legal office in
Farmingdale & I found him roofing a building at his
Southold vinyard, explained our plan, he agreed but
rightfully wouldn't sign until he, saw the registered
letter and went to Europe. He arrives at Kennedy tonight.
2. Please refer to the house & gazebo plot plan. You will see
that the house is located at the very back of the triangular
plot. 60' from the road; there "is no ground entrance facing
the road, the front door faces North, the road is on the
South side, in fact, the back yard of the house.
3. The proposed gazebo structure would be 8' X 14', located
36' from the North edge of the road, 45' from the center
of,Old Harbor Road and 56' from the nearest corner of the
house as noted on the plot plan.
4. There is an 8' high privet hedge located about 2' above the
road which will hide the structure from cars and people,
and will hide them from the gazebo.
5. Please refer to the attached sketch: the size will be 8'X
14', the roof slope will be half as steep with a height of
about 10.', depending on the grade level. There will be no
railings or built in benches, just the open structure.
6. The construction will be: 4 3' deep concrete posts, four
6 x 6 posts with 7' of entry headroom, a floor of 2 x 10s,
2 x 6 joists located 16" or less from the center, planks
running lengthwise, 3 X 6 framing the roof with 2 X 6'
rafters 16" or less to the center, and 2 X 6 braces every
4' or less, with hurricane straps tying the roof to the 6
X 6 verticals bolted to the concrete. The roof will be
cedar shingles on waterproof plywood. A1.1 other wood wil{
be pressure treated wood. That's it.
7. We hope you agree with us that this little, simple,
strongly constructed gazebo, hidden behind a high hedge
on a 2' hillside, will in no way adversely affect the
character or looks of our neighborhood. It goes into a formal
garden, there is no room in the back yard, the house
de facto treats this area as a back yard. Thank you.
HUGH F. DANGLER ASSOCIATES
MARKETING SERVICES
LINCOLN BUILDING ROOM 1515
60 E. 42ND ST.. New YORK. N.Y. 101 65
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MAY 1
To:, Linda U
From: H F '•Dangler
'
Re: Gazebo proposed at 855 Old Harbor Rd
Yesterday the sign was up, today it's gone. Wind ? Children?
act of God? Please, we need one. BothjLydia Tortora and Maureen
Sterman saw it up on two weekdays last week.
Maureen came over today, Sunday,.to go over the plans and
see the markers,.which are in and again measured as corrected
in the attached memo giving all the information Maureen
asked for.
She pointed out inconsistencies in the original building permit
and the appeals board documents. Attached is the drawing, the
plot plan with the proper 8x14 size and placement, noting the
distance from the center of the road to the Northeast stake.
We appreciate her help and advice. We appreciate Mr Kohler's
daughter's call; and also your insistence that we make sure
each person got the documents. One owner was living with his.
married daughter Holly,in a different N.C. town. He went to,'
his old address, got the documents, faxed his registered # as
you will see.
The architect over spec'd the structure to handle hurricanes.
I'll review the details with the building department & refile
the day your Board approves. Thank you.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
Maureen C . Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
S.E.0.R.A.
TYPE iI ACTION DECL?.RATION
Appeal No. 4481
Project/Applicants : Christine McCabe/Hugh Dangler
County Tax Map No. 1000- 117-3-7
Location of Project: 855 Old Harbor Rd., New Suffolk, NY
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
May 19, 1997
Relie-f Requested/jurisdiction Before This Board in this Project:
Locate gazebo in the front yard area
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Shorty Form has been
submitted; however, Section 0617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type I1 classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 19901..
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)3, this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
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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. 4481
DATE: MAY 6, 1997
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Transmitted is an application for a variance submitted by Christine
McCabe together with Zoning Board of Appeals Questionnaire; Short
Environmental Assessment Form; Notice of Disapproval from the Building
Department; survey; and other relevant documents.
Judith T. Terry
Southold Town Clerk
-:1yRECEIVED /-yI
o61267 TOWN OF SOUTIIOLD, MEW YORK
APPE ��Q �OF BIJIL_DI�1G INSPECTOR APPEAL NO.
ltiiii � DATE�Qj }� mk
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. pp
C-,aRI b— %hi'C.. VA c C i .. o 5 .. 01-D �; 0�i ... `\o�p...............
Name of peIIant� reet and J�QUO= ........ !J.:.1........1-1EREBY APPEAL TO
M palIty Slate
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ........... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
c_Hv"ksT r k............
rte '
...................................... ..............
Narne of Api�llcant
of far permit `` ..
��5' O�(J 7W� ....... ..... .,...
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(� 0 ►'s \Cl
1.
LOCATION OF THE PROPERTY . �5�, �, ���dal�� R�fl •;o� ��a1 �.
Street Zoning Map
1 �j
District 1000 Section` I Block] Lot? Current Owner ��YZ�S��r1 Q1CC`�8'E
Map No. Lot No. prior Owner
2. PROVISION. (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance'.)
Article j Section
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( V) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
q. PREVIOUS APPEAL A previous(hers) appeal s) (has not) been made with respect to tills decision
of the Building Inspector or with respect to ti-iis properly_
Such appeal was ( ) request for o s 3eciol permit
( ) request for a vorionc.e
..........................................
..Date
and was made In Appeal No:—;--- ...................cJ............................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( A Variance to the Zoning Ordinonce
is requested for the reason that
OAS``
Forin zB1 (Continue on other side)
REASON FOR APPEAL Continued
I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
book, TO
mow\
2. The hardship created is UNIQUE and is not shared by all properties alike In the Immediate
vlcinlly of tills property and In tills use district because
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
Cl IARACTER OF THE DISTRICT because
ID
'3-ts -E t�
�V� T
�o V\
U
S'FA"FE OF IAEW YORK )
ss ....... ...... .
COUNTY OF" � Signature�
Swornto this .......... ...... .................. clay ol....-�7)_/,.... ................................ 199j
��......................., ° .............................
Notary Public
HELENE D. HORNE
Notary Public, State of Now York
No. 495131334
Oualifiect in Surfoll< county
Ctnrirni:cion ExPi(w, May 22, 19 �
r
QU-_CNNAIRE
FOR : =TING W:T�i� "UR 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 att�che. )
B. Is the subject premises listed on the real estate market for
= sale or beteg shown to prospective buyers? { } Yes
{ } No. {If Yes, plea se art=rm of "ccndZ}-; nne" of sale-)
C. Are there ary --raposals tM mange = alter land ccata=
{ } Yes { y� No
D. 1. Are t::ere an -,r areas which contai" wetland grasses?
2. Are the wet -land areas shown on the map submitted wit;:
this application? P A
3. Is t e pr:.cer�r bu—k eaded between the wetlands area and
' the upland tr
uildiag aea? QX
4. If your Pr=erty ccnt-'^s wetlands or gond areas; have
you contacted the Cf=ice of the Town Trustees for its
Bete=.iinaticn of j ur_s`ictien? r-"
E. Is there a depression, or sloping elevation near the area of
Proposed cer_st�uct_on at or below five feet above mean sea
level? (_ not ammlicable, state "N.A.") .
F. Are there any patios, ccn=ete barriers, bulkheads or fetes
which exist and are act s!�cwn y the sum,7ey map that you arm
submitting? If acne exist, Please state "acne."
G. Do you have any const: sc tion to ming place at this time
concerning your premises?, Ii eves, please submit a calay
of your building permit- and map as approved by the wilding
Depart-rtent. If ...cze, please statz.
H. Do you qr any cc -owner also awn other land close to this
Parcel? If yes, please e.=lain where or suh:-,14t copies
of deeds.
I. Please list Pres nt Tse or cperaticrs conducted at this
parcel X11' andProposed use
Autncr_.ed S_giacu_e and Dao_
3/37, I0/001k
The N.Y.S. Envi=crmenc_l Qualit.� Review act requires submission
Of _..is =orM, and an anvira-nmental review w3.1 ue made Ly a iloard
before any action is taken.
SHORT ENNIZONMENTAL ASSESSMENT FORM
INSTRUC""_'ONS :
(a) in order to answer the auestions in this short EAF it is assumed
that the oreparer will use currently available information concerning the
project and the likely impacts of the action. it is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig -
and cpmpleted Envircn.mental Assessment Form is necessary.
(c) If all auestions :ave been answered No it is likely that the
project is not significant.
(d) M-nvircnmental Assessment
1. Will project result in a large physical change
to the project site or physical-7vv-alter more
than 10 acres of land? Yes . NO
2. 'Rill there be a major change to any unique or
unusual land faz on the site? _Yes �No
3. Will project alter or have a large effect on
an exist -4-.q bogy of water? _Yes VNo
4. Will project have a potentially large i.•nmact on
grpuncwater quality? Yes I/
No
3, will project sig i=icant'_v- effect drainage flow
on adjacent sites? . Yes V/No
o. Will project affect any threatened or endangered , /
plant or animal species? vies % No
i. Will project result in a major adverse effect on
air quality? _Yes _No
S. Will project have a major affect on visual char-
acter of t_.eco. nazi ty or scenic views or vistas
kncwn to be important to the ccmmunity? _Yes �No
9. Will project adversely impact any site or struct-
ure of historic, pre -historic, or paleontolocrical
importance or any site designated as a critical ``
envirc,imental area by a local agency? _Yes V No
i0. Will project have a major effect on existing or
—
future recreational opportunities? Yes Vo
T?. Will project result in major traffic problems or
cause a major etf-ct to existing transportation
systems? Yes -1/0
12. Will project regularly cause objectionable odors, -
noise, glare, vibration, or electrical disturb—
ance as a result of the project's operation? Yes Vo
12. Will project have any imnact on public health if
or safac_i? _Yes v Vo
14. Will project affect the axisting community by
direct' -v causing a growth in permanent pooula-
tion of more than. 5 percent over a one-year .Yes Vo
period or have a major negative effect on the
character of the community or neighborhood?
15. =s there zublic controversy concerning the
project? YesNo
Representing: Date:
Z3A 4/?5