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HomeMy WebLinkAbout4479OA APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann o�OgUFF0j/( Cork yp CA x W • oy�ol 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 JUNE 5, 1997 Appl. No. 4479 - JOHN and PARCEL 1000-53-4-7 STREET & LOCALITY: 1745 DATE OF PUBLIC HEARING: ELSIE NIEDERAUER Bayshore Road, Greenport May 19, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate on the northeasterly side of Bay Shore Road with 100 ft. water frontage and 100 ft. road frontage. This lot contains a total area of 24,000 sq. ft. and is improved with a single-family, one-story frame house and accessory shed in the front yard area, all as shown on the survey map prepared by Anthony Lewandowski, L.S. dated June 24, 1995. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated March 18, 1997, under Article III, Section 100-33C 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. VARIANCE. RELIEF ED BY APPLICANT: To locate an za it. Dy z4 it. accessory garage at a distance of 20 feet from the front yard property line at its closest point (and which location is shown behind the existing shed to be removed, which is at nine (9') feet from the front property line.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties because it would be built too close to the road. (2) The benefit sought by the applicant can be achieved by some method, feasible for applicant to pursue, other than an area variance by locating the proposed garage at a greater setback distance. (3) The requested area variance is substantial from the setback requirement of 40 feet provided by Sections 100-33C and 100-244B for a waterfront parcel consisting of 24,000 square feet in size. V Page 2 - June 5, 1997 Re: 1000-53-4-7 (Niederauer) Southold Town Board of Appeals (4) The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the building will be too close to the road. (5) The situation has been self-created. RESOLUTION/ ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to DENY the relief (without any alternative relief at the choice of the applicant). VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, TORTORA and GOEMembers Doyen an�051 mann yv sens, This resolutionlution was duly adopted (3-0).'" ' GERARD P. GOEHRINGER, Resolution Adopted 6/5/97 ********************* Actions. 97/53-4-7 F j r. IVED AND FILED BY E 2 U. t LD TOVIN CLE. P Town Clerk, Town of SoutLo'_cl Ir /7 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann t - MARIA BULIS. Request i Variance BOARD OF APPEALS TOWN OF SOIJTHOLD 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; County Parcel ID #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 have a reduced 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 #1000-21-3-5. This parcel contains a total area of approximately 21,000 sq. ft. 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 71000-77-3-25. 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 Properly: 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 '$,1000-53-4-7. R-40 Residential Zone. Page 3 - Legal Notice Southold Town Board of Appeals Regular Meeting of May 19, 1997 7:20 p.m. HUGH DANGLER and CHRISTINE McCABE. This is a request for a Variance under Article III, Section 100-33 (R-80 Zone) based upon the May 5, 1997 Action of Disapproval issued by the Building Inspector, whereby applicants have applied for permission to locate an accessory gazebo structure in an area other than the required rear yard at premises known at 855 Old Harbor Road, New Suffolk, Town of Southold, NY; County Parcel ;1000-117-3-7. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applica- tions. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the time designated. Each file is available for review during regular business hours. If you have questions, please do not hesitate to call 765-1809. Dated: May 6, 1997. GERARD P. GOEHRINGER, Chairman SOUTHOLD TOWN BOARD OF APPEALS FORM No. a TOWN OF SOUTHOLD BUILDING DEPAR7bIENT TO1VN CLERK'S OFFICE SOUTIIOLD, N.X. NOTICE OF DISAPPROVAL Date ..... MARCH. J$,........ 19 97.. . To .EAST,END DRAFTING DESIGN a/c NIEDERAUER) 5130 MAIN BAYVIEW RD. — P.O. BOX 1675 SOUTHOLD, N.Y.' 11971 PLEASE TAKE NOTICE that your application dated ...... InarC11, J 1,, , , , • • , , 19. ?7.. for permit to CONSTRUCT AN ACCESSORY GARAGE IN THE FRONT YARD. ...........................at Location of Property :.17,45 . • , AAYSRQW RD., , , _ , , , . _ , GREENPORT� N: Y... . Nouse No. Street - Namlet County Tax Nlap No. 1000 Section 53 ......... Block .. 4... .. Lot, .......... Subdivision ................. Filed Map No. ................ Lot No. ...... is returned herewith and disapproved on the following grounds . IN, AN R-40 ZONE, IN, THE CASE OF A WATERFRONT PARCEL, ACCESSORY BUILDINGS AND STRUCTURES NAY BE LOCATED IN ..... .... .... ..... ............. ........ ..... ..................... .... I.......... THE FRONT YARD PROVIDED THAT SUCH BUILDINGS AND STRUCTURES MEET THE FRONT YARD SETBACK REQUIREMENTS AS SET FORTH BY THE CODE. ARTICLE III 100-33 C. ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. ............ 1 ng In AR J. FISH RV 1/80 j � MAR.-� '.^.1 � T0, FORM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN BALL Soul,11OLD, N.Y. 11971 TEL: 765-1802 Eimmined.................. 19.... . Approved..... .. , 19 Permit No . ................ Uisapptiroed a/cr` tt i ....................................................... .................... . . (Wilding Inspector) APPLICATION POR BUILDING PERMIT BOARD OF HEALTH ............... 3 S OF PLANS ............... SURifEY ..................... C11ECR ....... ..... ....... SEPTIC FORM ................... NOTIFY: 9(, 7(v5- (G6,2. CALL GrR Pslt S . )'1... jqV r -N MAIL TO: fly. . P..7,F*, ..................... ........ Date INSTRUCTIONS 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. Pee according to schedule. b. Plot plan showing location of lot and of buildingson premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property mist be drawn on the diagram which is part of this application. c. The work covered by this application my not be camenced 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 throuPjtout the work. e. No building shall be occupiedor used in w}x)le or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS I ROW VADE- to the Building Department. for the issuance of a Building Permit pursuant to the Building 7boe ordinance of the Town of. Southold, Suffolk County, Ncw York, and other applicable Laws, ordinances or. Regulations, for the construction of buildings, additions or alterations, or for remval or demolition, as herein described. The applicant agrees. to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building fo necessary inspections. .................................. I ............... , (Signature of applicant, or mare, if a corporation) V cwt i(P.�r..r..5u pct rrx I?.,.! r ; tl`1 71 .................. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plusher or builder. Name of: owner of premises ",I LD G�Z v G .......... .............. I................ (as on the tax roll or latest deed) If applicant is a corporation, Signature of drily authurized officer. ......................................................... (Nam and title of corporate officer) Builders License No . ......................... Plumbers License No . ......................... Electricians License No . ..................... Other Trade's License Nn . .................... 1. Location of land on which proposed work will be dom.... `x rt 1.. v l i...... ................................................................................................................... Douse Number Street hamlet County Tax Map No. 1000 Section...:' Block ... w':J......... Lot ...0.7 ........ Subdivision ...................................... Piled 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 ........ Sca,"...................................... b. Intended use and occupancy ........ ?oE ?.2? ......................................................... I . Runic of uotk (fleck whidi applictdole): flus Iklildinf; .......... Atklirion .X...... Alteration .......... Repair Rarrcrval I)eflial it -ion ............ 01 -her I,lork ......... L, tileSC:riiDC i(Nl) I, Esrinute<I Cost .....icet......... fee............... be paid of filing this application) S. Itdwelliug, nunler of dwell Ly; units .............lLrller of thx:lling units of each floor 1 If garage, uxnller of care ...«;............................... 6. If lousiness, rnmercial or nixed occupancy, specify natuCr�e aux] extent of each tyke of use ...................... 7. Dinensions of exisLing structures, if any: Front....... 1........ Rear ......n7........ Depth .... �?........... tleiglit .........C.....W .... N.nber of Stories --A, ............ Dinensicns of sane structure with alterations or nklitions: Front ...-?.-Z ......... Rear .... .Z....... Ikppth .......'k:'4:......... Ileif;ilt ...... Honer of Stories 6. Diuensious of entire new construction: Front Rear ............... Depth .............. Height ......................... Ujilier of Stories ..................... 9.. Size of lot: Front ..- ............ Rear .............. Depth ...... -. 10. Date of Purchase Wale of former Owner ........................................ 11. Zone or use district in cduidu prenises are situated.............................................................. 12. floes proposed construction violate any zoning law, ordinance or regulation: ........................ H. .Willlot be regraded ............... Will excess fill be removed frau premises: YES NO 14. Maes of Owner of ...... Atklress I,7N5 3q;'SN�Yc YcRp,.���T... Nxxne No . ............ Kane of Architect /���?:??.1�:8:(�:�:'�.� Pr-�.:�. lxLlress ... f�'?:... fto7J. %I�/`..b2 1'fnore tlo. .......... Kate of Contractor ................................... A(kiress...............................Mooe No. ...... 15. Is This property within. 300 feet of a tidal wet -land? * YES ./...... ND .......... *lF YES, S(II111YlTD IOWN'ITtU5NlS PCIMIT MY RE RE(XIIMM, PLOT DIAGRAM Irx:ate clearly and distinctly all buildings, wI)et-her existing or proposed. and indicate allset-back dimensions frau property lines. Give street and block nnber or description according to deed, and allow street nares and indicate whether interior or corner lot. Sim]- (If MW Yow, SS QIIINIY Of ........................ -- C�-Qn L. I. ' ......, ....Ix:iuf; duly sworn, deposes alxl says thaC he is the applicant .... A? ^�................ (N:nr: of itxlividual signing confiact.) ;11X)VL nal d, Ile it: [lie ........C?e .::.......... ((butractor, agent, corporate officer, etc.) of slid ow1w' or owoorti, alit Is duly n (horix(sl to Ix:rlonu or havo pf:rlisurd the said work antl to a011(; and file this application; that all. statements coutahxA in this application are Erle Lo the hest of his knowledge. and bolief; ani that the work will be ferforned in ole urinler set firth in life application filed tlerewitln. I)worn to before fir! this .... ��....... I .... (lily �of� .;7�').Grte;k:....19.9.)1... Notary ftlhlic..... `i�k `.:tl.!-.�.�.9...�..9.. . . . ..... . LINDA J. COOPER Notary Public, State of New York No. 4822563, Suffolk County Term Expires December 31, 18 L � (Si nvicure of Applicant) op p �iz3/57 7� RECEIVED �.. \� /0,TOWN OF SOUTHOLD, NEIN YORK 1� APR FROM �a APPEAL DECISION OF BUIWQQ4G INSPECTOR APPEAL NO. �z `/79 Town Clerk Southold DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1. (We) _fop is ( E E�I� �[a ��..... .of . 114:r�:.. SAl SI Ic�iL f�i� .........................................................................., Name of Appellant Street and Number 02 .......................................:...... ...................... .,....HEREBY APPEAL TO Municipality tate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO < . M • A rv... PC Name of Applicant for permit of 75.. cz 5K6J� � Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Street /Hamlet / Use District on Zoning Map District 1000 SectionSS Block Lot Current Owner. Aj&( 6a [�iic =2:Ag_1 Mop No. Lot No. Prior Owner ei-a acriR Me, 7jki•si`i jAb,ls> 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-JJY- Section Ioc>-:?>3C_ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ) request for a variance andwas made in Appeal No.................................Dated................................................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 M A Variance to the Zoning Ordinance is requested for the reason that Form ZBl CSA"f'-AC9� f�c-i<kTe_"C� �}-hhJa 6Xt5Z� SY1�. GXd S`%��1LZ3-1L� A TJJS'%A-,c 6L� •�Y/f3-T F�sic�iG� EXp/3-ic.ES�d�--i ,fFSTsrL_'TiGL`r Pac-�v,rT.�. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical. difficulties or,unneces- sary HARDSHIP because y sS F; Vca r a , ^�ti� �+._;v`�cc-�� `k,1€T• � i -f �3_a`�.�-s'"' �;5� ��-?:.sa �-a�-�; a,; 6�— what-li3-`',^ �.'•-�'�'4.j.t.v�— s=2`"`M 3--;:�.- '2=._.`.=rj-� S�'y A,' —>� .a 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 �` TO 'ri-sem. �' S"ZG OS' TS-:;�. d�ai � +�E.LA�4f5P-'`C C'�i= C_"?�'t �i�:✓^ Ham' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because --,c-/G AQ__Z 3Z�3? i2 e dr6Es1 ar �6 ✓<E�' �p� STATE OF NEW YORK ) �— ss................................................................ COUNTY OF 44k,,,@;F) Signature Swamto this ............. ................................./d day of..... ( ............................. I q s �� Notary Public NO2";e µwiic. e= of N'Svey°ork No. o.::?3 i' S64 saZiF: 8d 6,l +::itcib C �a:.a;t`# w:On3r';siSsiogxx"sees i'•x?s^sy, Yy <. Zoo o—s3-i}+ - TOY " ! OF SOUTHOLD Pf PERTY RECORD CARD ' ~� OWNER STREET VILLAGE DIST. SUB. I/ LOT COMM. CB. MISC. Mkt. Value - �i6 () �S R�ir°d;2(QGtL.� fit- t;r��-c! �� /%•e ( ;jj � � ,DATE. QRKdER OWNER N rr rl E ,L�.{y.✓l,�.c,U ACR. /�J.-Y�•�/ C�L�', P L� ahc 5 S O'n Ir7 W - TYPE OF BUILDING IBES. ; . SEAS. ,Z�6 VL. FARM COMM. CB. MISC. Mkt. Value - �i6 LAND IMP. TOTAL ,DATE. See REMARKS A If4061m T60 i �o�� p_ gas y i9�t.._ll7` so�59- �G-�q1�-�-�f aYlc� fir, %yi,°r-iar�uP✓�1 z�{G AGE BUILDING CONDITION NEq NORMAL BELOW ABOVE FARtfA Acre Value Per Value -- Acre i illable 1 Tillable 2 'illable 3 Voodland wampland FRONTAGE ON WATER 0ry rushland FRONTAGE ON ROAD r ouse Plot DEPTH 3 T _y BULKHEAD btal DOCK •••■ ■ No ME ■■■■ ■■■■■Mn■■■■ ■C■■■■■■■■■■■■■■■■■O■M■■■■n ■®■■■ ■■Osis■■■■■■■■■■■■■o amu; ■N■■■■ ®OCQMi■■■■■■■■■■■ ■■ ■ ■ ■■ i ■■■Mn■■■ ■■■■ ■■■■■mom mMi C■■M■ ■■■C■...� ■■■■■■■�� ■CCc NEON ■M !■M0. CCM ■�■■ ■ MONO ■■CMC■■M■■■ ■■■■■■■ ■■■ �■■ ■■ ■.C■■C.CC 'Basement�Ext. Walls • , _Interiord Dormer®. COUNTY OF SUFFOLK - ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING June 13, 199711M / A 181997 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. Anplicant(s) Municipal File Number(s) Niederauer, John & Elsie GGN:cc C: \W P W I N 601W P D 0 C S1ZO N I N G\WORKING\LDS%J U N E%S D 4479. J U N 4479 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE ■ P.O. BOX 6100 ■ HAUPPAUGE, LONG ISLAND, NY 11788-0099 ■ (516) 853-5190 ■ FAX (516) 8534044 APPEALS BOARD MEMBERS , Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Osterman 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 Arti^1e XIV of the Suffolk County Administrative Code, The Board of A=eals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccaamission: XX Variance from the Zoning Code, Article III , Section 100-33C Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4479 Applicant: John and Elsie Niederauer Location of Affected Land: 1745 Bayshore Road, Greenport, NY County Tax Map Item No.: 1000- 53-4-7 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land 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 i'lile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting 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 Copies of Town file and related documents enclosed for your review. Dated: June 12, 1997 '7 .f 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 Arti^1e XIV of the Suffolk County Administrative Code, The Board of A=eals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccaamission: XX Variance from the Zoning Code, Article III , Section 100-33C Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4479 Applicant: John and Elsie Niederauer Location of Affected Land: 1745 Bayshore Road, Greenport, NY County Tax Map Item No.: 1000- 53-4-7 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land 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 i'lile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting 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 Copies of Town file and related documents enclosed for your review. Dated: June 12, 1997 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C . Ostermann Mr. Craig Arm East End Drafting 1745 Bay Shore Road Greenport, NY 11944 SL► Mtlh, BOARD OF APPEALS TOWN OF SOUTHOLD June 6, 1997 Re: Appl. #4479 - John and Elsie Niederauer Variance Dear Mr. Arm: 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 determination, as adopted at our Regular Meeting on June 5, 1997. If you have any questions, please feel free to call. Very truly yours, Linda Kowalski Board Secretary Enclosure Copies of Decision to: Building Department Suffolk County Planning Commission (within 500 ft. of a waterway) 4, . 4• APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. VMAgAP4 Lydia A. Tortora U#Xx%K"X# 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 JUNE 5, 1997 Appl . No. 4479 - JOHN and PARCEL 1000-53-4-7 STREET & LOCALITY: 1745 DATE OF PUBLIC HEARING: ELSIE NIEDERAUER Bayshore Road, Greenport May 19, 1997 FINDINGS (PROPERTY FACTS) : DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate on the northeasterly side of Bay Shore Road with 100 ft. water frontage and 100 ft. road frontage. This lot contains a total area of 24,000 sq. ft. and is improved with a single-family, one-story frame house and accessory shed in the front yard area, all as shown on the survey map prepared by Anthony Lewandowski, L.S. dated June 24, 1995. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated March 18, 1997, under Article III, Section 100-33C 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. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate an 24 ft. by 24 ft. accessory garage at a distance of 20 feet from the front yard property line at its closest point (and which location is shown behind the existing shed to be removed, which is at nine (91) feet from the front property line.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties because it would be built too close to the road. (2) The benefit sought by the applicant can be achieved by some method, feasible for applicant to pursue, other than an area variance by locating the proposed garage at a greater setback distance. (3) The requested area variance is substantial from the setback requirement of 40 feet provided by Sections 100-33C and 100-244B for a waterfront parcel consisting of 24,000 square feet in size. Page 2 - June 5, 199. Re: 1000-53-4-7 (Niederauer) Southold Town Board of Appeals (4) The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the building will be too close to the road. (5) The situation has been self-created. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to DENY the relief (without any alternative relief at the choice of the applicant) . VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, TORTORA and GOEHRINGER. Members Doyen and Ostermann were absent. This resolution was duly adopted (3-0) . Actions. 97/53-4-7 Aab GD O/VY APR 2 31997 ------------ gill) I.AIVO 41PO LEW, 0 .W, I �NANOoO"w Yle 4!jY-1 /.tv I,%,' Fj GD O/VY APR 2 31997 ------------ gill) I.AIVO 41PO LEW, 0 .W, I �NANOoO"w Yle Page*pn - Hearing T scripts May 19, 1997 - Board of Appeals MEMBERS: Aye. 7:44 - Appl. No. 4479 - JOHN and ELSIE NIEDERAUER CHAIRMAN: 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, N.Y.; County Parcel #1000-53-4-7. R-40 Residential Zone. I have a copy of the site plan indicating the approximate location of the existing house and the proposed garage at approximately 20 feet from Bayshore Road and approximately 11 feet from the I'll refer to it as the northwesterly property line and 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 please. MR. ARM: My name is Craig Arm, I'm representing Niederauer. CHAIRMAN: You did this nice little site plan for us? MR. ARM: Yes, I did. Mr. & Mrs. Niederauer wish to construct a garage because skewed to the size of the property and the proximity currently to the water. Then, if we were to move the garage further back towards the water, they're the only order they have right now is on the side of that house behind where the garage is. So, the further we push it back they're really limited anything they can do later on. Also, with hopes, that sometime in the future possibly expand the house. If we were to come forward since we still can't go backwards and we really want to try and maintain the side yard as their only real use of the yard, the only distance we can really add on to the house is to (inaudible -coughing) as well to the road. So, if we were to put the garage right in front of the house somehow there really is no yard left or any other place to put it. It would still also because it is along a waterfront piece of property that you can't have a full foundation for storage. They have a small shed now which we're actually going behind the entire distinct structure we wish to go the structure behind. ' CHAIRMAN: Is this one story? MR. ARM: Yes, it is . Page*pn - Hearing T ----scripts May 19, 1997 - Board of Appeals CHAIRMAN: My question to you is, did you count the amount of garages that are in the front yard area that are on that side of Bayshore Road? MR. ARM: Not actually but I did try walking down the street, yes. CHAIRMAN: How many would you think there would be? MR. ARM: All of them. CHAIRMAN: I guess I'm OK on this, Mr. Dinizio. MEMBER DINIZIO: No, I don't have any questions. You're going to remove that shed, right? MR.. ARM: Yes. CHAIRMAN: Mrs. Ostermann. MEMBER OSTERMANN: Not at the moment. CHAIRMAN: Mrs. Tortora. MEMBER TORTORA: The proposed garage, I also looked at the number of the garages in the area and your neighbor to the north, this garage would be at least 15 feet closer to the road than the other neighbor and it's quite a bit closer than the established setbacks and my obvious question to you is, it is a fairly large piece of property and where the existing house is on the lot you have sufficient room to move the garage back another 15-20 feet and still enlarge the house. You have a lot of alternative locations that would not require a variance. MR. ARM: The main thing was just really an appealing towards trying to maintain the place, side yard and everything else. It's not like a built like a tunnel affect. That they could maintain a nice size yard and also not knowing exactly what we're looking to do with the house at some point if we were to build it directly in front of the house we could maintain some sought of a yard. If we knew exactly what we wanted to do with the alternate that goes with the house other than knowing that we don't want to build out off that side there's really not much else. CHAIRMAN: Not making a decision tonight, would you consider alternate relief and that is if we find a place other than and of course I'm not talking about adjacent to the house. I'm talking about some place else in the yard would you consider alternate relief? I'm not expecting an answer from you tonight Craig. Maybe you might want to go back to your applicants and ask them that question. Page*pn - Hearing T ----scripts May 19, 1997 - Board of Appeals MR. ARM: I estimate they'll be depending on what was proposed that obviously they'll be something we have to to sit down and discuss. CHAIRMAN: OK, sorry Lydia. MEMBER TORTORA: That's all, its just that the various considerable amount of room on the property for you to enjoy the property at the same time meet the setback. I understand that you want to maintain that northerly side of the property as open. On the other hand the required setback is 40 feet and you're requesting 50% variance for no real apparent reason. CHAIRMAN: So, do you want to get back to us on that question of alternate relief? Do you want to speak to them and just mention it? Oh, you're here. How are you? It's an interesting situation. If we say no, OK, then you have to come back with an alternate application. I can't tell you that we have not deliberated upon this. Therefore, I don't know what agreement you know, I don't know what everybody's feelings are concerning the exact place from the 20 feet. We've done several things. We've gone out and measured all of the garages on that side of Bayshore Road and taken an average. We've a, that are in the front yard area. Not the ones that are attached to the houses. As you know, your lot looks real large based upon some of them as you go down that road. So, I can't tell you at this point. We're also missing a Board Member tonight. Alright, and it takes three votes to come up with a unified figure. MR. NIEDERAUER . My dilemma water and offset to one side the whole property is to relocate the do. That's why I want to push as possible to the road. There right on - is the house being so close to only way to get good use of that whole house which I don't want to the garage forward as far forward are garages on that road that are CHAIRMAN: That is correct. The old time garages. Some of them are pretty close within 5 feet probably. MR. NIEDERAUER : The more I push that garage back and if I do decide to bring my house somewhat larger I'm going to close it right in one to the other and I'm going to have a little tiny breezeway between my garage and my house. CHAIRMAN: I was merely suggesting something like 10 feet additional. MR. NIEDERAUER: I'm pushing it too far back. I mean, I'll be too close to the house. If I bring the house up 10 feet then I have virtually no room between the garage and the house. Page*pn - Hearing 'I—iscripts May 19, 1997 - Board of Appeals CHAIRMAN: Well, let me do this. I'll go out and remeasure as I, you probably heard from the other hearing. I have to go to Aquaview so I'll go back down here and I'll measure the garages. I'll take an average and my question is, if it's less than 10 feet are you willing to go along with alternate relief? MR. NIEDERAUER: I don't understand. CHAIRMAN: Well, lets assume .that we have unanimity for three votes at 25 feet from a - MR. NIEDERAURER : What are we running from? CHAIRMAN: 20 feet. MR. NIEDERAUER: That's pretty much what I'm asking for, 20 feet. CHAIRMAN: So you want it to fly at 20 and if it doesn't fly it's a rejection or what do you want to do? MEMBER TORTORA: You will have to start all over again if you don't accept alternative. MR. NIEDERAUER: I understand. CHAIRMAN: I'm just trying to save you some money. MR. NIEDERAUER: I don't even want 20, I told him to put it for 10. CHAIRMAN: Which side of the garage door is going to open? MR. NIEDERAUER: They're going to open to the south. I'm going to keep that hedge row, if any of them go we'll reenforce them with new hedges conceal look the doors would be to the south. The driveway we'll be maintained where it is and just the garage. CHAIRMAN: So, you want to stay at 20? MR. NIEDERAUER: Yes. CHAIRMAN: OK, Thank you very much, the both of you. For the record that was John speaking. BOARD SECRETARY KOWALSKI: Mr. Niederauer. CHAIRMAN: Yes. Page"pn - Hearing i L-aiiscripts May 19, 1997 - Board of Appeals MR. IRION: My name is Bill Irion. I'm an attorney, Smithtown, N.Y. and I'm representing the people who are directly across the street, Bordinko and Laskowski. First of all I want to welcome them to the neighborhood and if I could just take a second to trace back their routes because on one side there is a dwelling and on the other side what appears to be a vacant lot. When they purchased the property, the current owners purchased the property in the early sixties and they purchased the property interesting enough from my mother and father who bought the property in the early nineteen fifties. The reason why they bought the property in the early nineteen fifties is because my mother's sister owned the house four doors down from the petitioner's house. So, you might say we've officially and unofficially vacationing there since 1941. We now come to the situation of the garage. I have a question. I don't know how tall the garage is going to be number 1, I know the town limit is 18 feet. Is that what you're considering to start from? CHAIRMAN: Excuse me Sir, you have to ask the question of the Board. Normally I'll let Craig answer the question in a second, but, normally a one story garage is no higher than 12 feet. MR. IRION: OK. The concerns that I have are regarding a couple of things. There are a number of preexisting nonconforming garages on Bayshore Drive that are very close to the street. CHAIRMAN: That is correct. MR. IRION: But, if you notice, Bayshore Drive circumscribes. It goes and it just goes and goes. Now, none of the garages in this particular section of Bayshore Drive approach the street. In other words you have two distinct characters of Bayshore Drive. One on the northern portion of Bayshore Drive which is where petitioner's property is located and as I will refer to it as the L & B property is located and then the further south you go I imagine it was settled earlier on that part it was more nonconforming at that end. I've taken the liberty of taking a couple of photographs and having them enlarged just if I may to aid in your consideration. This shows the nature and the character of the street where the property is. While I compliment Mr. Arm on the concept, the problem is going to be if you have the, in other words, the existing driveway is now going to be moved approximately 50 feet, 40 to 50 feet. The net result of this is the family's property will now not have any possibility of being waterview. None, because if you look at the petitioner's schematic the footprint you'll notice that the entire waterfront is cutoff from the property directly across the street. Simple laws of physics, the closer you get to an object the larger it becomes. At 20 feet that garage is going to be peculiar in size. 24 x 24 is no small object and as you approach the southern end of Bayshore Drive you'll see the garages were then constructed for the automobiles of the thirties and forties and they were very small. Generally one car garages. This is a very large structure. Now, Page*pn - Hearing Z ranscripts May 19, 1997 - Board of Appeals from the stand point of the town it's interesting because if this property is no longer waterfront it could not be able to be assessed as waterfront. It is a consideration for the town in that respect. When this property, when the schematic came from Mr. Arm I was surprised because I thought this was one of my aunt's request for plans to build then. At this moment there has been active plans in the family percolating for the development of the property. My main concern here is twofold. One, it would prevent, in other words, because the driveway is going to be moved from behind the house where it really is now to adjacent to the house that winds up directly with the center point of the L & D property which means it is now impossible to design any structure to be near the water. The second thing and I don't want to sound like a humanitarian but from the standpoint of the northern part of Bayshore Road driving around as you can see in the photographs it is a beautiful bucolic drive. If a structure is put at that particular point, that close to the road it will effectively cutoff all of the beautiful natural surroundings, the trees, the shrubs, that have been cultivated over the years. These are the concerns that I have at this point. I wasn't sure if there was a second floor. I'm glad to hear there's only one floor but still at 12 feet I think you can understand the concern as far as the view and the overall image of the two properties, in relationship to the two properties. Certainly, I'd be happy to sit down with the petitioner and see if something could be worked out. But, with respect to 20 feet it would be I think not only on my clients a burden but also on the street and I think Mrs. Tortora was correct in saying I think there are other ways that this would be worked out where it would enhance not only the petitioner's property but the L & B property and the block and that fair for all the highest and best use is sought of what the Board is all about. Those are my remarks, thank you very much. CHAIRMAN: Can I ask Craig a question back there first Mr. Irion? How high is the building, Sir? MR. ARM: The actual building we have it at, I can't show you the exact design based on depending on what we were going to go through based on (?) , when the question arises we can't do it, at this time an exact design but certainly that'll be pending the approvals and won't go beyond any requirements and different setbacks. The driveway is staying exactly where it is. We're not removing any of the hedges or the shrubs. They're all staying. CHAIRMAN: We need you to come up here, Craig, because we've taken this down and the applicant. Go ahead, I'm sorry. MR. ARM: The hedges are going to remain exactly as they are. The driveway entrance is remaining exactly where it is. The entrance to the garage will be from the property, so actually the garage doors will face south so you pull into the exact same spot so as far as the overall height and the view really won't be disturbing anything Page*pn - Hearing Transcripts May 19, 1997 - Board of Appeals based on the fact the hedges are still there and they are very tall hedges with the trees also that are over 20 feet - which will be much taller than what we're going to do with anything with the garage. I don't feel that that's really an issue. CHAIRMAN: OK, thank you. Mr. Irion you had a question? MR. IRION: Is it possible to see the photograph? CHAIRMAN: Sure. MEMBER TORTORA: Mr. Arm, in the Building Department application you have the dimensions of the, the structure would be 22 x 22 and a height of 16-1/2 feet, are you amending that? MR. ARM: As far as the size? It was increased to 24 x 24. The overall height that was even just a plus or minus - CHAIRMAN: The height is taken as an average between the roof lines. So, if the roof line is like this it's taken on an average between. So., when I'm saying 12 feet it could vary 12 to 14 based upon that height, so the 18 is not really truly an 18. It's to the column beam sought of speak. MR. ARM: OK, as far as the exact height I'm looking for, we don't really know. I just know that we will obviously maintain something that is acceptable. We haven't spent time on the actual design only based on the fact that we don't know depending on where we're allowed to put it ... . CHAIRMAN: Yes, I'm aware of that Mr. Niederauer. That is very simply a picture of the street. MR. NIEDERAUER: Of the road. CHAIRMAN: Of the road, yes, you're absolutely correct. Is there anything further from anyone? MR. IRION : Just me, just to restate. If the building is basically perpendicular or actually a perpendicular street,, no it's horizontal to the street, parallel, very good, thank you, it's parallel to the street then the roof line if it's 16 or 18 feet whatever it is, which really seems to be more of a two story structure than a one story structure, but at any rate, is going to block the view of that entire way as opposed to a structure facing the street with the peak being the long way. That would effectively in other words I realize what you're saying about bushes, but unlike bushes, buildings are almost forever out there and it's for that reason 18 feet again, the property of my clients would be impossible to enjoy any of the potential view of the water even though they're across the street and that does have an impact on the town. I don't believe that this Page*pn - Hearing 'I Lscripts May 19, 1997 - Board of Appeals necessarily ha.s to be placed at this point requesting a variance and that's why my clients oppose it. Thank you. CHAIRMAN: Thank you. Yes, Mr. Niederauer. . MR. NIEDERAUER : Again, the trees and the bushes brought up, if I may mentioned that the trees will maintain and be maintained and properly at the house, those trees if they do fail to live, they will be replaced and that's my intention on the property. They are as high as high-tension wires which are over 25 feet tall. That's it. CHAIRMAN: OK. Hearing no further comment I'll make a motion closing the hearing reserving decision until later. MEMBER OSTERMANN: Second. CHAIRMAN: All in favor. MEMBERS: Aye. -i' NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law STATI r NEW YORK) and the Code of the Town of Southold, the following applications will be held ` SS: for public hearings by the same side of the street, same block). Section 100-33C based upon the SOUTHOLD TOWN BOARD OF Location of Property: 490 Aquaview March 18, 1997 Action of Disapproval APPEALS, at the Southold Town Hall, Avenue, East Marion, NY; County by the Building Inspector for perrnis- construct an per_ of Mattituck, in 53095 Main Road, Southold, New Parcel ID #1000-21-3-5. This parcel sion to accessory garage York 11971, on MONDAY, MAY 199 contains a total area of approximately in the front yard at less than the ', sworn, says that he/she 1997 at the times noted below (or as 21,000 sq. ft. required 40 feet for a parcel containing soon thereafter as possible): 6:55 p.m. Appl. No. 4477 — 24,000± sq. ft. in area. Location of CHE SUFFOLK TIMES, a 6:45 p.m. Appl. No. 4475 — MARY FISCHETTI. Request for a ARTIE and CAROL SIRICO. Re- quest for a Variance under Article Property: 1745 Bayshore Road, Greenport, NY; County Parcel #1000- blished at Mattituck, In Variance under Article XXIV, Section XXIV, Section 100-244B, based upon 53-4-7. R-40 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 21, 1997 Action of Disapproval issued Disapproval issued by the Building CHRISTINE McCABE. This is a that the Notice of which by the Building Inspector for permis- Inspector for permission to remove an request for a Variance under Article III, Zone) based d copy, has been regular - sion to locate an addition to existing existing deck, and replace with an Section 100-33 (R-80 dwelling which will have a reduced addition, which will exceed the 20 per- upon the May 5, 1997 Action of wspaper once each week side yard setback at less than the cent lot coverage limitation. Location Disapproval issued by the Building required 10 feet, and less than the required total of both side yards of 25 of Property: 105 Private Road #31, Southold, NY; County Parcel #1000- Inspector, whereby applicants have applied for permission to locate an essively, commencing on (01 structure in an area 19 feet. Location of Property: 3760 77-3-25. accessory gazebo Minnehaha Boulevard, Southold, NY; 7:00 p.m. Appl. No. 4478 — LEO other than the required rear yard at County Parcel ID #1000-87-3-4. This and GERALDINE OLSEN. Request premises known at 855 Old Harbor parcel contains a total area of 9,874 sq. to Reverse Decision of the Building Road, New Suffolk, Town of Southold, ft. Zone: R-40 Residential. Inspector, and in the alternative, a NY; County Parcel #1000-117-3-7. 6:50' p.m. Appl. No. 4476 — Variance under Article XXIV Section The Board of Appeals will at said MARIA BULIS. Request for a Vari- 100-243, based upon the April 15, time and place hear any and all persons principal Clerk ance under Article XXIV, Section 100- 1997 Action of Disapproval issued by or representatives desiring to be heard 244B, based upon the March 11, 1997 the Building Inspector, in applicant's in the above applications. Written Action of Disapproval issued by the repair and new roof, and proposed comments may also be submitted prior Building Inspector for permission to overhead door, for an existing accesso- to the conclusion of the subject hear - locate a deck addition to existing ry shed. Location of Property: 3590 ing. The above hearings will not start ; C_ l dwelling which will have a reduced Main Road and Gull Pond Lane, before the time designated. Each file is front yard setback at less than the min- Greenport, NY, County Parcel #1000- available for review during regular imum of 40 feet, or closer minimum 35-4-28.12. business hours. if you have questions, zi-4 when using an average (if available) of 7:10 p.m. Appl. No. 4479 —JOHN please do not hesitate V6 call 765-1809. MARY DIANA FOSTER the established nonconforming front and ELSIE NIEDERAUER. Request Dated: May 6, 1997. PUBLIC, STATE OF NEW YOR% ATEOfSUFFOLK yard setbacks within 300 feet, on the for a Variance under Article III, GERARD P. GOEHRINGER, Chairman OT 52 PUBLIC, NOTARY COUNTY No. AUGUST 31,1 SOUTHOLD TOWN BOARD COMMISSION EXPIRES OF APPEALS - 8991-1TMy8 A APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. RXbXi�,]k:XY&X Lydia A. Tortora Maureen C. Osterman Re: New Application BOARD OF APPEALS TOWN OF SOUTHOLD May 8, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Dear'�� J � 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. (The sign 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. 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. Very truly yours, QE�&a;IsVkiW'a-Z� Enclosures 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 radar,.. Y� �� �c��.s ao, NOTICE OF HEARING 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. OWNER(S) OF RECORD: TLOhn fi. Ni�iercj(4e_t' DATE OF PUBLIC HEARING: oa"7- M VA 4-1 1� f9q 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 S a m and 4 p m • TOWN OF SOUTHOLD • (516) 765-1809 0 BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------X In the ?clatter of the Application MAY 1 31997 AFFIDAVIT of 1 (Name of Applicants ) AFFIDA`TIT OF YA=NG AND POST ING COUNTY OF SJF! OEZ) STATE OF NEW YORK) c�THo� I, C'7-A,LATL-vn , residing at 1(6-G Jdc ►may c ��►"� S� New York, being duly sworn, depose and say that: i9i-7 1—O.n—the 1 day of M/�`' , , I personaily mailed. luested, a true cauv of the each of the foilowing named 3 y (j "_� , ` JJ N N m a m co E U m LLrn > Z L t d �, o E E E W %o a a 0 Cl) ¢ y Cc S ¢o d 566 L 11Jtly '0080 wood Sd 566 L IJOV '008t♦ —.", '- rEL IL a uv�y U) d o o a ate. 0 Cn ¢ s s o a z 966L I!Jdd '008E wood Sd i gersonaIl�, posted tris racer iden[M d; as Distract 1000, Section $� Block OL( -.ot (2% be placing the Town's oft;cGal poster tem (Q) test; Or Ci05cr, from the property line Lacing the street (or facing theght-ai-waZi) , and that 1 have checked to be sure the caster has Tsmainea in place Lor seven full days prior to the date +of the oubiic hear -g (date of hearing noted thereon to be held iia^), Sworn to before ale this (signature) e their respective names, that town on the c•.irrent assess - at at said `ioeces ,vers Tailed- at a of said persons certi.f-ed 'neer MaihnQ Address -'3� day ofYnc,,t . ' Q9'�' LINDA, J. COOPER oo� Q Notary Public, State of Now York Notary Pubiic822563, Suffolk County Term Expires December 31, 19 ._ =tee 3cZ c= 3=ea? s when cam? ear . Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. "-Jctx Lydia A. Tortora Maureen C. Ostermann Prepared 4/29 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; County Parcel ID #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 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 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 #1000-21-3-5. This parcel contains a total area of approximately 21,000 sq. ft. 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. Page 2 - Legal Notices Southold Town Board of Appeals Regular Meeting of May 19, 1997 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; County Parcel #1000-53-4-7. R-40 Residential Zone. NOTE: LOT SIZES TO BE CONFIRMED SOON ON THE NEXT APPLICATION BY WARREN SAMBACH, SR. "DO YOU STILL WANT TO ADVERTISE FOR MAY 19th?" 7:20 p.m. Appl . No. 4480 - RICKART REALTY. Request for a Variances under Article III -A, Section 100-30A.3 (Bulk Schedule), and Article XXIV, Section 100-244B, for: (a) two proposed parcels contain- ing insufficient area, width and depth in this R-40 Residential Zone District, and. (b) proposed insufficient front yard setback of one, or two dwellings. Location of Property: 53400 County Road 48, Southold, NY. County Parcel #1000-52-2-13. 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. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the time designated. The file is available for public review during regular business hours. If you have questions, please do not hesitate to call 765-1809. Dated: May 1, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann �o��gOFFO(,�coG yep C* Oy� O�� BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION 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 Appeal No. 4479 Project/Applicants: John and Elsie Niederauer County Tax Map No. 1000-53-4-7 Location of Project: 1745 Bayshore Rd., Greenport, NY Relie_ Requested/ Jurisdiction Before This Board in this Project: Construct an accessory garage with insufficient front yard setback 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 o=_f the Environmental Conservation Law and Local Law 444-4. of the Town of Southold. An Environmental Assessment (Shorty Fern has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type 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 agencv's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Nall, 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. f 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. 4479 DATE: APRIL 29, 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 East End Drafting E Design on behalf of John & Elsie Niederauer together with Zoning Board of Appeals Questionnaire; Short Environmental Assessment Form; Notice .of Disapproval from the Building Department; survey; and other relevant documents. Judith Southold Town Clerk ) RECEwn Or TOWN OF SOUTHOLD, NEW YORK AP's ?A97 APPEAL FROM DECISION OF BUILbWG INSPECTOR APPEAL NO. 5477] Town Clerk Southold DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. —...' ..... E- 1�(► /�.��iz_....0f 17`"1 C3fi� S� (� R � 1, (We).............................:....................:................................................................ Name of Appellant Street and Number c 2 ... ..............................I....... i �,J o�K:.......HEREBY APPEAL TO Municipality 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 of I .7J�...:�cx:v Y 4 ¢ ►L 4 i '........ ��-�oc�p ............1; e{ v-4 iu(W,.............. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1, LOCATION OF THE PROPERTY Q: �i: � � �r Street /Ilarnl e % Use District on Zoning Map District 1000 Section55I31ock y Lot ;7.....Current Owner-.610teL.6E I\�iox:e_AuGv- Map No. Lot No. prior Owner* 4 ANS 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section tvo -33 c_ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) �() A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 q. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No . ................................Dated...................................................................... REASON FOR APPEAL ( ), A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 G�AK�C7o- l�cx_141�17 P.N�I-IP �X1 Sr�� ILS SNS,• (73 la /2-U�7criC 77� 13 �r rLo� 1> ;r17t� c'j= .f!-5T7aLr7Lv.' �-�7iSr7�-Kae (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficultles or unneces- sary HARDSHIP because �,� I�r✓ r�(ts !S A ��A� z �n � ���� A 35"4LL— Z` iL�zr�.�Zc=3� -rte rv�p.u--P'�A-u.-i' � t-1�. G��I7��--QT ��!•�•u.a�e.. ��,� ' �-(G �IWipZ . ��I-rI-I !-Ict�-'-� �r.=-1 �;c���•,�'1'�Y �-t�-•(cr/�zL }i}�n /�fl1� L,�, ti-lLa S'�A: LT< --r.::. --c1-IG i-� 1 S'T i +-{ v 1-k1.-��= � �TI-1G c�i-, r_'� C.�(STH p. I c. L•. AQT:>• IIT► -I I- Iia T� rx; � �� n ,'i c 7A C-�-� c,cy�i �'., GlZ �-=�"��-IA�R-IAC �i '`�1-1.�1�- 1-=��-�-�•-"1 cl-tc�- fZu.4y7 Yt1A`r TFIC YPSC� i r�i-4P VvY�1� 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 'R}G 'To T{ -1E" SI"Z"G. c3`' `rS-t� �•cs; � �C_ :'� G1�1-( c�•r C�-ISTii--/L� }_lc.;�.11�_ • f\►`.CP ��, Y� IT -Y T� ..•ri-1c 4�/l�t�lZ ,4 r-.��7 ;4 (,-,1.i� 1 3. The The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because /� A�- v�if_� P-�{,gyp C_�(S llj•f(' Sl'-}G7� i w!`llGl~! cJ�oY( C.oi���l�G��/c�.- I C� CJA!' �G.;r:= v-lck.x-i7 �- r fZLA-T--->, / }-r L/E V cv1' T!i jj-iGl�' s c3� STATE OF NEW YORK ) ss............................................................................... COUNTY OF ��,r11-P�) Signature :.. . ... /..................... day of......:::i'.:(:............................. 19 Sworn to this ............ �T 7 9� e- ` P .. 6 Y .'....f....C�o�. /��.,? ....... Notary Public H tTE-NE 0. HORNS Notary F,,f,lic, State of New York No, 496 1364 01jolsf ed in Sunil!: County Coll.)II)h;aion E,'(Pires i:.dlay 22, 9 _� .,N\ \ BOARD OF APPEALS TOWN OF SOUTHOLD In the"*Mr or the Petition of to the Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: CERTIFIED MAIL RETURN RECEIPT REQUESTED NOTICE c.Q� �_ TO PROPERTY OWNER 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (Special Exception) (Special Permit) (other). [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows:. > -* loci -•S3- c, -i -c>-7 17-1 S -GW-fsl-tofu= wyl 11"L4 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Pethion, the undersigned will request the following relief: Ifnio7--i T� --- T 1 Ar F ,'ssi-te t S. 'fhat the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section 6. That -•,;- -- --- -- - .- - r-, a written Petition reques(mg the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 745-1809. 7. That before the relief sought may lie granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing i-- -..--.- -;z'--- - --o' in the Suffolk Tim9s newspaper published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: CIZ-A,i -i Petitioner t Owners ' Names ]4ie_�zA -yZ- Post Office Address PO t�otic i �7S' ';S t oLr_> IJ -r"_ i 1 -7 Tel. No. (-5/4z, )7&S -«q' [Copy of,sketch or plan showing proposal to be attached for convenience purposes.] 4-1E-1997 4:23PM FROM CANNON] CO 1NC 842 4714 P.1 April 16, 1997 TOWN OF SOU] OLE To Whom It May Concern, I John J. Nacdc raucr give Craig of Est End DmCon & DmP pmmmmon to act on my behalf to Me Permits and applications of my Meal Rpperty located at 1745 Bayshore Road, Q eenpcm t L. i.. very truly your, Jcr�n J. Ni awe The N.Y.S. Eavironmental Qualit.> Review act requires submission Of this form, and an environmental review will Le :rade Ly this Loard before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORi%j 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 any question has been answered Yesthe project may be sig- nificant and completed Environmental assessment -Orm is necessary. (c) If all questions have been answered Bio 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 phvsically'alter more than 10 acres of land? _Yes :�( v0 2. Will there be a major change to any unicue or i unusual land form on the site? _Yes 4-1403. 'dill project alter or have a large effect on anexisting body of water? _Yes No 4. Will project have a potentially large impact on groundwater quality? �/ / _Yes y, Vo 5. ana project sign? --cantly effect drainage flow � on adjacent sites? _Yes No 6. Will project affect any threatened or endangered Plant or animal species? _Yes ,j vo 7. Will project result in a major adverse effect on air quality? _Yes -140 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . - Yes �No 9. Will project adversely impact any site or struct- lL a of historic, pre-his,or paleontological importance or any site designated as a critical envix-cnmental area by a local.agency? Yes 10. Will project have a major effect on existi:g or future recreational opportunities? _Yes x No 11- Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes 5(No 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? , _ es �LVo 13. Will project have any impact on public health • or safet��? !esNa 14. Will pro � ] affect the existing commun; ;r by project directly causing a growth in permanent popula- tion of more than S p period or ercent over.a one-year V have a major negative effect on "es No character of the community or "e y neighborhood? 15. Is there public controversy ccncerninc t:e project. V ?reparer's Signature:No ZB„rgsentinc:T,�ol.�-� QUESTI CZrM71%IRE OR FT_I'rG WIT _'OUR z.3. A. APPLICATION A. Please disclose the names of Ithe 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.) B. Is the subject pre.*nises listed on the real estate mazket ror = sale or being shown to prospective buvers? { } yes {�} NO. (Tf Yes, ?�laaCp 3L�?CI1 c.^..JQ of "condi}„^^C" of sale-) C. Are there —-roposals to mange = alter 1zMd cwt { } `Tex { 4 No D. 1. Are there any areas which contain wetland grasses? Qc) 2. Are the wetland areas shown an the map submitted with this application? YDS 3. Is the property bullheaded between the wetlands area and the upland building area? S 4.' If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction?� E. Is there'a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads cr fencs which wast .and are not on the survey map that You ary submitting? iE,! If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? 00 If yes, please submit.a copy of your building -perm -1t, and ;nap as approved by the Buildi :g Department. If none, please state. `i. Do you or any cc -owner also own other land close to tris parcel? t-. If Yes, please e=_I aia where or submit copies of deeds. Please list present use or operations conducted at this parcel •�zc:-�,cz:-{'ri,,L and roposed use QESic�-rT�. �<- M� - - - 11 1-1Zg7 ni: �GGr�: GQ S� A 7, OYN CRYSTALENE 'R) 24X36 ARCHITECTS STANDARD FORM SCALE DRAWNSY T,4 a. 1".Tr REVISED 1). Z, I 5131 1,1A IN Wll r','.'POAD FIM''' OLD NT t29",1 ) V"! DATE APPROVED By DRAWING NUMBER 6 7 6 5- MADE IN V.S.A.