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APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
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 AND DETERMINATION
Appl. No. 4245.
Application of GEORGE and SUSAN TSAVARIS for a Variance
under Article XXIII, Section 100-239.4A for permission to locate
swimmingpool with fence enclosure within 100 feet of bluff of the
Long Island Sound. Location of Property: 2170 The Strand, Lot 111
at Pebble Beach Farms, East Marion, NY; Parcel ID No.
1000-30-2-53.
WHEREAS, a public hearing was held on June 8, 1994, at which
time persons desiring to be heard were heard and their testimony
recorded; and
WHEREAS, the Board has carefully considered all testimony and
documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and the
surrounding areas; and
WHEREAS, the Board made the following Findings of Fact:
1. This is an application for a Variance under Article XXIII,
Section 100-239.4A for approval of an accessory swimming pool
structure with fence enclosure in the rear yard area of the subject
premises. A variance is required for the reason that the rear yard
encompasses that area within 100 feet of the Long Island Sound
bhiff. The setbacks of the pool structure are proposed at not closer
than 10 feet to the easterly side property line and not closer than
50 feet to the existing line at the top of the bluff (or bank) of the
L.I. Sound.
2. This property is known and identified as Lot No. 111 on the
"Map of Pebl~le Beach Farms" and is improved with a single-family,
two-story dwelling with porch situated at 55-1/2 feet from the
closest distance to the top of the bluff line and located 100 feet
from the average top of bluff shown on the fried subdivision .map.
Also existing at the premises is an antenna dish structure, barbecue
"burner," play area and deck landward of the top of the bluff.
Pag~ 2 - Appl. No.
Application of GEORGE & SUSAN TSAVARIS
Decision Rendered June 8, 1994
There are steps also located sloping down the bluff to the beach area
at the bottom of the bluff.
4. Article XXIII, Section 100-239.4A of the Zoning Code
requires all buildings and structures located on lots upon which
there exists a bluff or bank landward of the shore or beach of shall
be set back not less than one hundred (100) feet from the top of
such bluff or bank.
5. In considering this application, the Board finds as
follows:
(a) the overall dimensions of the in-ground swimming
pool, as proposed, are 30 ft. by 15 ft.
(b) the in-ground swimming pool is shown to be detached
as an accessory structure;
(c) there are cedar trees existing along the easterly side
of the property which will continue to be maintained for screening
purposes;
(d) there is no other location to locate this swimming
pool on this property without other variances and further
consideration. The alternatives are not more feasible under the
circumstances.
(e) this application is strictly for an in ground
swimming pool and patio areas at ground level and fence enclosure
which are also subject to the approval of the building inspector.
6. It is the position of this Board that in considering this
application:
(a) the relief requested is in this application is not
substantial in relation to those buildings existing generally in the
neighborhood and along this Sound bluff;~
(b) a swimming pool structure with fence enclosure are
permitted accessory uses incidental to the main use of the premises,
to wit: residential.
(c) it is not uncommon for parcels along the Sound bluff
to require variances for accessory structures within 100 feet of the
bluff due to the Hmited available building area after meeting all
other setback requirements of the zoning code;
(d) there are similar structures in the immediate
neighborhood to the west;
Page~ 3 - Appl. No. 4245
Application of GEORGE & SUSAN TSAVARIS
Decision Rendered June 8, 1994
(e) the difficulties are uniquely related to the
character, layout and size of the property, and the difficulties
claimed are not personal to the landowner;
(f) the amount of relief requested will not in turn be
adverse to the safety, health, welfare, comfort, convenience or order
of the town, nor will it prevent neighboring properties from
enjoyment of their properties;
(g) in view of all the above, the interests of justice
will be served by granting relief, as conditionally noted below.
Accordingly, on motion by Member Wilton, seconded by
Member Dinizio, it was
RESOLVED, to GRANT a variance for an accessory swimming
pool structure placed in a horizontal position, with fence
enclosure SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the cedar trees as exist be properly maintained in good
condition (prior ZBA Appeal No. 4080);
2. That there be no physical disturbance to or near the bluff
area (north of the proposed swimming pool location);
3. That' the appellants must apply for and receive a building
permit (and other agency approvals which may be deemed necessary)
for these new structures before commencing construction activities.
4. That there be no adverse (or overhead) lighting that may
affect other properties.
5. That drainage of the pool water, when necessary, be plaoed
within a backwash cistern or dry wells (landward of the pool area).
6. That the swimming pool remain detached without a physical
connection to the house.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio Villa and Wilton. This resolution was duly adopted.
lk
RECEIVED AND FIL .D
TIiE SOUTi'iOLD TOWN CLFa~I<
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Ser~e Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARINGS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
NOTICE IS HEREBY GIVEN, pursuant
and the Code of the Town of Southold,
hearings will be held by the SOUTHOLD
Southo]d Town Hall, 53095 Main Road,
WEDNESDAY~ JUNE 8~ 1994~ commencing
to Section 267 of the Town Law
that the following public
TOWN BOARD OF APPEALS~ at the
Southold, New York 11971, on
at the times specified below:
1. 7:30 p.m. App]. No. 4235 KlM FALLON and CYNTHIA SUTRYK.
(Hearing Continued from May 4, 1994) This is a request for a variance
based upon the April 4, 1994 Notice of Disapproval from the Building
Inspector to locate accessory building in the front yard area.
Location of Property: 3200 Soundview Avenue, Mattituck, NY; County
Tax Map Parcel 1000-94-2-5.
2. 7:35 p.m. Appl. No. 4234 - ALEX AND MARION WIPF. (Hearing
Continued from May 4, 1994). This is a request for a variance under
Article Ill, Section 1OO-33C for permission to locate an accessory
garage with a frontyard setback at less than the required 40 ft.
front yard setback. This parcel is nonconforming with a lot area of
approximately 22,000 sq. ft. and frontage of 118 ft. Location of
Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map
Parcel No. 1OOO-103-13-7.
P. age 2 - Notice of Hearin~
Southo. ld Town Board of Appeals
Regular Meeting of June 8, 199u,
3. 7:40 p.m. Appl. No. ~2~6 - LKC CORP. and JASTA~ INC. This is
a request for a Special Exception for permission to establish a
drinking establishing use as listed under Article Xl, Section 100-101B
in an existing principal building. The subject premises is
nonconforming with a lot area of approximately one-half acre and 115+-
ft. frontage along the north ~ide, of the Rain Road and is located, in
the B-General Business Zone District. Property Address: 6955 Rain
Road, Laurel, NY; County Tax Nap No. 1000-122-6-36.
4. 7:50 p.m. Appl. No. 4245 - GEORGE AND SUSAN TSAVARIS. This
a request for a variance under Article XXIll, Section 1OO-239.4A
for permission to locate swimmingpool with fence enclosure within
100 feet of the bluff of the Long Island Sound. Location of
Property: 2170 The Strand, Lot 111 at Pebble Beach Farms~ East
Marion, NY; Parcel ID No. 1000-30-2-53.
5- 7:55 p.m. Appl. No. 4244SE - DEPOT ENTERPRISES~ INC. This is a
request for a Special Exception, as amended, to include approval for
the location and use of a proposed addition.to the existing principal
building located at 320 Depot Lane, Cutchogue, New York. The proposed
addition is an expansion of the existing
and is located in the Residential-Office
Property ID No. 1OOO-102-2-12.1.
recreational membership club
(RO) Zone District.
Page 3 - Notice of Hearin~
~outhqld Town Board'of Appeals
Regular Meeting of June 8, 1994
6. 8:05 p.m. Appl. No. 4249 - SANFORD AND SUE HANAUER. This is a
request for a Special Exception to establish and operate a Bed and
Breakfast in accordance with the provisions of the zoning code at
Article Ill, Section 1OO-31B(15), with owner-occupancy, and as an
accessory to the existing principal residence. Location of Property:
4105 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No.
lOOO-94-3-part of 1.7, also known and. referred~to as Lot No 2 on the
Subdivision Map of Robert and Jean Lenzer.
7. 8:10 p.m. Appl. No. 4240 - JOHN CROKOS. This is a request for a
variance under Article XXlX, Section 1OO-239.4A based upon the May 4,
1994 Notice of Disapproval from the Building Inspector for permission
to locate swimmingpool with fence enclosure within 100 feet of the
bluff along the Long Island Sound. This property was the subject of
prior Appeals under Appl. No. 4204 as rendered 12/8/93 and Appl. No.
4140 as rendered 2/23/93. The subject premises is improved with a
single-family dwelling and contains an area of approximately 40,000
sq. ft. (total lot area). Location of Property: 2110 Grand View
Drive, Orient, NY; Lot No. 7 on the Map of Grand View Estates; County
Tax Map Parcel No. 1000-14-2-3.11.
8. 8:15 p.m. Appl. No. 4241 - RICHARD LAN.. This is a request
variance under Article ILIA, Section 100-30A.4 (ref. Article Ill,
Section 1OO-33) based upon the May 4, 1994 Notice of Disapproval
the Building
from
Inspector in a building permit application to construct
Page 4 - Notice of Hearii~IJ~
Southold Town Board of Appeals
Regular Meeting of June 8. 1994
pool and deck in the.front yard area, as an accessory use. Location
of Property: 230 Bridge Lane, Cutchogue, NY; County Tax Hap Parcel
No. 1OO0-111-15-1.4 and 1.5 (Tax Nap Parcel No. 1.4 totals 2.478 acres
and Parcel No. 1.5 totals 1.088 acres). The subject premises is
located in an R-40 Low-Density Residential Zone District.
9. 8:20 p.m. Appl. No. 4243 - MOORE'S LANE HOLDING CORP. This is
a request for a variance under Article V Section 1OO-53B, Section
1OO-31C (ref. Section 1OO-33), and Section 100-231, based upon the
May 4, 1994 Notice of Disapproval from the Building Inspector for
permission to locate accessory uses (tennis court, swimmingpool and
pool clubhouse) in an area other than the required rear yard, and with
tennis-court fencing at a height of more than four feet when located
in a front yard area. Location of Property: 475 Cedarfieids Drive,
Greenport, NY; County Tax Map Parcel No, 1OOO-40-5-1.42. The subject
premises is located in the Hamlet-Density Zone District.
lO. & 11.
Property:
Parcel No.
8:25 p.m. TONY AND MARIA KOSTOULAS. Location of
1035 Aquaview Avenue, East Marion, NY; County Tax Map
1OOO-21-2-13. This property is nonconforming as to total
lot area in this R-40 Zone District.
Appl. No. 4098 (Continued Hearing) This is a request for a
variance under Article XXIII, Section 100-239.4 for approval of a
deck extension located within 100 feet of the bluff of the Long
'Page 5 - Notice of HearirO
'Southold,Town Board of A-~peals
Regu(ar Meetin9 of June 8. 1994
Island Sound;
Appl. No. 4248 - This is a request for variance under Article
IliA, Section 100-30A.3 for approval of a deck addition with
insufficient side yard setbacks.
12. 8:35 p.m. Appl.
request for a Special
conjunction with the
4247 - HUGH T. and CAROL L. CONROY. This is a
Exception to establish an Accessory Apartment in
owner's occupancy within existing residence as
authorized under Article III, Section 1OO-30A,2B and Section
100-31B(14) of the Zoning Code. Location of Property: ~esterly side
of Gin Lane, Southold, NY; also referred to as Lot #2 on the
Subdivision Nap of Bay Haven filed in the Suffolk County Clerk's
Office as Nap 2910; further identified on the County Tax Naps as
1000-88-3-6.
13. 8:55 p.m. AppI. No. 4239 - MARGARET BEST and ADYLYN SYVERSON;
This is a request for a variance under Article ILIA, Section 100-3OA.1
based upon the May 2, 1994 Notice of Disapproval by the Building
Inspector for approval of the proposed insufficient lot area and
insufficient lot width of proposed Parcels #1 and #2. Location of
Property: Private Road #17 extending off the easterly side of Camp
Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1OOO-123-6-17
The subject premises contains a total lot area of approximately 1.2
Page 6 - Notice of HearirI
'Southold Town Board'ofA~[Deals
Regul'ar Meeting of June 8, 1994
acre(s) in total area and is located in the R-40 Low-Density
Residential Zone District.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in the
above matters. Written comments may also be submitted prior to
the conclusion of the subject hearing. Each hearing will not
start before the times designated above. If you wish to review
the files or need to request more information, please do not
hesitate to call 765-1809 or visit our office.
Dated: May 23, 1994.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
X
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date..~.~. ................... ,19.9 .~..
PLEASE TAKE NOTICE that your application dated . .~..~.. .................... 19 ~..~.
for permit to ~-., ~ ,aq2~O.~. ...................... at
...... otreet ' ~amlet
Count TaxMa No 1000Sect' ~
Y P · ~on .............. Block . .
Subdivi~on ................. F~ed Map No ................. Lot No ..................
h returned herewith and disapproved on the follow~g~rounds..~...~~,
· .~. .. ~-~ ~...~..:.~ .: ........ :...~.. ~._~: ........
...... ~.. ~~..~~ .................................
. .... ....
./--~ .... :....~ ................ .. ....
. · ~~ .~ ~. ~. ~...
RV 1/80
MAY
TOWN OF SOUTHOLD0 NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING 80ARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
,. (We, ~ ..e.~ .C. qe..~ .~..S.~.~i..S.' ......... .~..~.Z..O...~.?........S..~...4.~ e~
Street and Number
...~¢. ....... ~....~...i.~ ............................................... ~.:..~. ........... NEREBY ^PPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
o, .2...t..z..~...~.e ....... ....~...c.q....~... ....... C~.~c.....~.:.~.~:L~....~..~. t~?
Street and Number Municipality State ~J
~ PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( )
l. LOCATION OF THE P 0 ~ ..................................................................................
Street /Hamlet / Use District on Zoning Map
District 1000 Section.~z~])Block~Lot~. ; ~4DY~' ~ ~-0.,4~ (~
...............................................~urren: Owner '~ O F
Map No. 'Lot No. Prior Owner
2. PROVISION (SI 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~-~7 Section IC, O ~ ~ ~c~. L~A
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
()
4. PREVIOUS APPEAL A previous appeal (has)(has~ been
of the Building Inspector or with respect to this property.
· Such appeal was ( ) request for a special permit { ) request for a variance
made with respect to this decision·
and was mode in Appea! No ................................. Dated ............................ ., ........................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
~ A Variance to the Zoning Ordinance
( )
is requested for the reason that
Fc~m ZBI
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would prodt~,ce practical difficulties or u. nneces-
2. ~e hardship created is UNIQUE and is not shared by
vicinity of this property and i. this us. district because
.
o>res
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CH^R^CT~ROFTHEmSTmCrbecous, 'J-ke_ lr'.q.~o,o~d 10oD) ~£
STATE OF NEW YORK )
)' ss
COUNTY OF )
0 ...~7_~, · . ....... day
Sworn to this ....................................
LINDA J. COOPER
Notary Public, State of New Yor~
No. 4822563, Suffolk County%V
Term Expires December 31,
TOWN OF SOUTHOLD PROPERTY RE~DRD CARD ""'~"
OWNER
STREET ~ ~ "'J C) VILLAGE DIST. SUB. LOT ~ ///
RES. ~ /~ S~S. VL C FARM CO~. CB. MICS. Mkt. V. lue
~ND IMP. TOTAL DATE R~RKS
tillable , FRONTAGE ON WATER
~land FRONTAGE ON ROAD ~ '
~eadowl~d DEPTH ~ ~
~ouse PI6t BULKH~D
'ora I
M/Bldg.
~xrension
I:xterfsion
Extension
Porch
~'~ !~
Breezeway
Garage
Patio
Total
Foundation
Bosement
Ext. Walls
Fire Place
Type Roof
Recreation Room
Dormer
Bath
Floors
Interior Finish
Heat
Rooms 1st Floor
Rooms 2nd Floor
]nette
BR.
FIN. B
TRIM
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK~
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
STEPHEN M. JONES, A.I.C.P.
DIRECTOR OF PLANNING
Town of Southold
Zoning Board of Appeals
June 21, 1994
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County *
Administrative Code, the following application(s) which have been re£erred to
the Suffolk County Planning Commission are considered to Be a matter for local
determination. A decision o£ local determination should not be construed as
either an approval or a disapproval.
Applicant(s)
Municipal File Number(s)
~ipf, Alex & Marion
~./Tsavaris, George & Susan
4234
4245
Very truly yours,
Stephen M. Jones
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
APPEALS BOARD ~E~BERS
Gerard R Goehr/nger, Chairman
Ser~e Doyen, Jr.
James D~nizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Pursuant to Article X/V of the Suffolk County Administrative Code, The
Board of Appeals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning Cc~uttssion:
XX Variance from the Zoning Code, Article XXIII
, Section 100-239.4A
__Variance from Determination of Southold Town Building Inspector
__Special Exception, Article
· Section
__Special Permit
Comments:
fence enclosure within
Appeal No: 4pas Applicant: George & Susan Tsavaris
Location of ~[fCected Land: 2170 The Strand, East Marion, NY
County Tax Map Item No.: 1000-30-2-53
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 Mile of a Nuclear Power Plant
__ Within One Mile of an Airport
Applicant is requesting permission.to locate swimminq
100 feet of the
Copies of Town file and related documents
Dated: June/~, 1994
pool wi~h
bluff of the L.I. Sound
enclosed for your review.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
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
June 16. 1994
Dr. and Mrs. George Tsavaris
2170 The Strand
East Marion. NY 11939
Re: AppI. No. 4245 - Variance for Pool Location
Dear Dr. and Mrs. Tsavaris:
Enclosed please find a copy of the Board's Findings and Determina-
tion rendered at our June 8, 1994 Regular Meeting.
Before commencing construction activities, please be sure to return to
the Building Department and any other agency which may have
jurisdiction in this project for reviews and issuance of appropriate
permits. For your convenience, we have furnished the Building
Department with copies of this determination for their permanent
recordkeeping and update.
Also, we have transmitted a copy of this file to the Suffolk County
Department of Planning in accordance with the Suffolk County
Administrative Code rules and regulations pertainin9 to projects
located within 500 feet of a waterway. Once we have received their
written response, we will forwal-d-a copy to you for your permanent
recordkeepin9,
Very truly yours,
Linda Kowalski, Clerk
Southold Town Board of Appeals
Enclosure
cc: (With copies of this determination to:)
Town Building Inspectors' Office
Suffolk County Department of Planning
John Holzapfel, Vice President
William G. Albertson
Martin H. Garrell
Peter Wenczel
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
June 2, 1994
George & Susan Tsavaris
2170 The Strand
East Marion, NY 11939
RE: SCTM #30-2-53
Dear Dr. & Mrs. Tsavaris:
After an on site inspection the Southold Town Board of Trustees
find that the proposed pool is out of their jurisdiction,
therefore does not need a permit from this office.
However, the proposed fence is in our jurisdiction and is being
reviewed at this time.
If you have any questions, please do not hesitate to contact
this office.
Sincerely,
Albert J. ~rupski, Jr.
President, Board of Trustees
AJK: jmd
cc: Bldg. ~Dept.
ZBA %/
RTE. 25
BOX 2066
GREENPORT, NY 11944
CLUB,
INO.
May 20, 1994
(516) 477-8190
MS. Susan Tsavares
P.O. Box 345
East Marion, NY 11939
Dear Susan,
Please be informed that we are in receipt of your certified
mailing. The issue of your application for a variance to the
Board of Appeals, to construct a swimming pool, was discussed at
the regular monthly meeting of the Board of Directors. We are
pleased to inform you, that the Board of Directors has no
objection to the construction of a swimming pool on your property.
We do have a preference as to its location. We have labeled both
proposed locations as A and B, and we would prefer A, although
we will not object to either.
We wish you good luck with your application and we certainly
hope you and your family will be able to enjoy this summer and
many others in your pool.
Sincerely,
Mary Ann Feavel,
Corporate Secretary
cc: Board of Appeals
'k,J t~
BOA.RD OF APPEALS, TOWN OF SOUTHOI.D
In Ihe Matter ol Ihe Petition of
to thC'Board, of Appeals of the Town nf Southold
YOu ARE HEREBYOIVEN NOTICE:
C/.u~ 'dc;.
NOTICE
TO
ADJACENT
PROPERTY OWNER
1. T~e intention of tbe unders gned to petit on the Board of Appeals
tO request a~ (Special Exception) (Special Permit) (Other) of the Town of Soulhold
[circle choice]
That the property ?ti(h is the subiect of ,he Petition is located adia¢.ent to your property and is des-
3. Thal the proper,.Ly, which is the suoject of such Petition is located in the following zoning district:
4 Thalh~ suclLPeliti°n'theundersignedwillrequestthef°ll°wingreli~f: q~9¢ ?~'dr"/YI
~. Thai lhe provisions of Ibc SoulhoJd To~n Zonin~ Code ~plicnblc to the relief sought by lhe under-
[ ] 'Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within, five da~s from the date hereof, a written Petition requesting 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. (5~6) 765-L809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
'Boa~d.'O[ Appeals; that a notice of such hearing must be published at least five days prior ~o lhe date of such
hearing in the Suffolk Times and in the Long hland Traveler-Matdtuck Watchman, newspapers published in the
Town of Soulhold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
F~etitioner
Post.Office~Address
'[Copy o~, sketch or
purposes.]
plan showing proposal to be
attached for convenience
J
-,Page 29 -Hearing Transcript
'Regular Meeting - June 8, 1991~
Southold Town Board of Appeals
KENNETH COUDREY: Do you know when you would make the decision
on this?
MR. CHAIRMAN: Well you can hang around tonight, we're going to be
working until the wee hours.
(Everybody having conversations at one time)
MR. CHAIRMAN: I need a second on that motion gentlemen:
MEMBER VILLA: Second.
MR. CHAIRMAN: All in favor.
MEMBERS:Aye.
8:13 P.M.
MR. CHAIRMAN: Appl. No: 42t[5 Geerge and Susan Tsavaris. This is
a request for a variance under Article XIII, Section 100-239 for
permission to locate swimming pool with fence enclosure within 100
feet of the bluff of the Long Island Sound. Location f Property, 2170
The Strand, Lot 111 at Pebble Beach Farms, East Marion, N.Y.,
Parcel No. 1000-30-2-53. Copy of survey which has been photocopied
which indicates the approximate place of the pool which is about 10
feet from the north easterly property line of 1~6 feet from the top of
the bluff and about probably about 10 feet from the porch a pool of
approximately 15 x 30 and I have a copy of the Suffolk County Tax
Map indicating this and surrounding properties in the area. How are
you tonight doctor? Would you like to be heard?
-,Page 30 -Hearing Transcript
'Regular Meeting - June 8, 1994
Southold Town Board of Appeals
GEORGE TSAVARIS: Yes. I just want to make the clarifications. The
distance from the pool to the bluff is measured by one of the Town's
Trustees and was measured to be 53 feet.
MR. CHAIRMAN: OK, great! I will change that then.
GEORGE TSAVARIS: Also, we had submitted two proposals and one is
to be, to be built in the northern southerly direction, but we opted
to the second proposal which is east-west because of the grade of the
property and granted by the Town Trustees and the people who
would build the pool, and who objected to the variance, felt that it
was better, that there would be less disturbances to the bluff area
by putting it that way.
MR. CHAIRMAN: By building it horizontal to the existing deck.
GEORGE TSAVARIS: Yes, exactly.
MR. CHAIRMAN: Is that still 53 feet also or does that actually --
GEORGE TSAVARIS: That, that was 53, yes.
MR. CHAIRMAN: That's the 53, the other one is still a 116, is that
correct?
GEORGE TSAVARIS: That's correct.
MR. CHAIRMAN: OK, great! Just let me understand that this pool is
going to be unenclosed?
GEORGE TSAVARIS: Well, we're going to have a perimeter fence, a
chain llnk fence with self-closing gates on both the access from the
beach and also from the house on the deck onto the property. The
reason why, one of the reasons why, I'll give you two reasons why
we don't want an enclosure around the pool itself is that
-,Page 31 -Hearing Transcript
'Regular Meeting - June 8, 199u,
Southold Town Board of Appeals
cosmetically it's a very small piece of property and it would just be
a, an eyesore, but secondly is, it would obstruct our view of the
bluff from the house and having children we'd like to know exactly
where they are at all times. Having a fence going across that pool
would obstruct our view of the bluff.
MR. CHAIRMAN: OK. Do you have any questions of the doctor or
Mrs. Tsavarls, Jim?
MEMBER DINIZIO: No.
GEORGE TSAVARIS: We have spoken to our neighbors on either side,
both the golf course and the Kondacks and they have no objections.
MR. CHAIRMAN: What about the lighting effect on the pool? Will
there be any extensive lighting?
GEORGE TSAVARIS: Just the standard light that comes with the
pool. One, one, ----. (Interrupted by Mrs. Tsavaris, it a little
pool) It's a very small pool. It's 15 x 30.
MEMBER VILLA: No overhead lighting?
GEORGE TSAVARIS: Overhead? No, I don~t know, there's nothing a,
no it"s just the light that"s up there.
MR. CHAIRMAN: And doctor, how much decking around each .... ?
GEORGE TSAVARIS: Well, we're not going to put any additional
decking because of the deck that's already existing on the property.
We may have a three foot path around the pool but that's, that"s
about it.
MR. CHAIRMAN: Is that going to be in wood or cement?
GEORGE TSAVARIS: We're just going to lay brick.
,Page 32 -Hearing Transcript
'Regular Meeting - June 8, 199[[
Southold Town Board of Appeals
MR. CHAIRMAN: Oh! You're going to lay brick, OK, all right.
Anybody else have any questions on this?
MEMBER VILLA: Well, could he clarify the fence. He's going, you're
going to put a gate between your house and the property line, on
both sides.
C;EORC;E TSAVARIS: Yes.
MEMBER VILLA: And the, the fence will be down ---
C;EORCE TSAVARIS: We're having a gate on both sides of the house.
On the east side of the house and on the west side of the house.
MEMBER VILLA: Right, all the way out to the bluff?
C;EORCE TSAVARIS: There's going to be a fence on, on, up to the
bluff on both sides of the property line and a fence across the bluff.
MEMBER VILLA: Across the bluff, OK.
MR. CHAIRMAN: I don't know, you know, we're not here, I don~t
know what state law requires. OK, so the Building Department, there
may be some modification on that by the Building Department because
we're not really here to talk about the fence as long as it doesn't
exceed ~ feet 6 inches in height.
(Discussions by Members with Mr. Chairman)
MEMBER VILLA: Make a motion that it's approved as requested, with
a stipulation that there be no overhead lighting.
MR. CHAIRMAN: OK, the horizontal one is to the existing deck.
MEMBER DINIZIO: Second.
MR. CHAIRMAN: All in favor?
MEMBERS: Aye.
· -Page 33 -Hearing Transcript
Regular Meeting - June 8, 1990,
Southold Town Board of Appeals
MR. CHAIRMAN: It's done.
8:17 P.M.
MR. CHAIRMAN: The next appeal is in behalf of DEPOT
ENTERPRISES, INC., it's appeal No. tt2LtI~SE, legal notice reads as
follows: Upon application the applicant requests a Special Exception
as amended to include the approval for the location and use of a
proposed addition to the existing principal building located at 320
Depot Lane, Cutchogue, NY. The proposed addition is an expansion
of the existing recreational membership club and is located in the
Residential-Office (RO) Zone District. Property No. is 1000-102-
2-12.1. A copy of instruction plans of the building. I have a copy
of the existing site plan of the property, produced by Anthony
Lewandowskl, revised June 6, 199u, and a copy of the Suffolk County
Tax Map indicating this and surrounding properties in the area.
Doctor, how are you tonight? What would you like to state for the
record, Sir?
JOSEPH LIZEWSKI: Well, one of the other problems that I would llke
reviewed, possibly and insist on the fact that I was Light Business
when this was built and now it's Home Office which makes me come
before you for a variance. But, the other problem is that I increased
the size of the parking lot if you look on that and the question I
have is that it, I don't, is, is, is this a corner lot or is it in a
APPEALS BOARD MEMBERS
Gerard P. Goehrin~er, Chairman
Ser~ Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEAI~
TOWN OF SOUTHOLD.
S.E.Q.R.A.
TYPE II ACTION DECLARATION
May 9,
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
1994
Appeal No. 4245
Project/Applicants:
County Tax Map No.
Location of Project:
George & Sue Tsavaris
1000- 30-2-53
2170 The Strand, East Marion, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Locate swimmingp0ol with fence enclosure within 100 feet of
the bluff on Long Island Sound
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 1990}.
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)}, this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
mc
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF
PUBLIC HEARINGS
NOTICE IS HEREBY:
GIVEN, pursuant to Section i
267 of the Town Law and the
Code of the Town of
Southold, that the following
public hearings will be held by
the SOUTHOLD TOWN
BOARD OF APPEALS, at
the Southold Town Hall,
53095 Main Road, Southold,
New York 11971,on I
WEDNESDAY, JUNE 8,
1994, commencing at the i
times specified below: ~ '
1.7:30 p.m. Appl. No. 4235-
KlM FALLON AND CYN-
THIA SUTRYK. (Hearingt
Continued from May 4, 1994)
This is a request for a variance
based upon the April 4, 1994
Notice of Disapproval fromi
the Building Inspector
locate accessory building in,
the front yard area. Location
5.~.~of Property: 3200 Soundvi~t
Avenue, Mattituck, NY; Coun-
ty Tax Map Parcel
1000-94-2-5.
2. 7:35 p.m.~ppl. No. 4234-
ALEX AND MARION
WIPE (Hearing ContinuedI
from May 4, 1994). This is a
request for a variance under
Article iii, Section 100-33C
for permission to locate an
cessory garage with a fron-
tyard setback at tess than the
required 40 ft. front yard set-
back. This parcel is noncon-
forming with a lot area of ap-
proximately 22,000 sq. ft. and
frontage of 118 ft. Location of
Property: 940 West Creek
AvenuE, Cutchogue, NY;
County ~ Map Parcel No.
1000-~03-13-7.
3. 7:40 p.m. Appl. No. 4246-
LKC CORP. and JASTA,
INC. This is a request for a
Special Exception for permis-
sion to establish a drinking
establishment ' use as listed
under Article XI, Section
100-10lB in an existing prin-
~.._..$ipal. building. The subject
premises is nonconforming
with a lot area of approx-
imately one-half acre and
115± ft. frontage along the
north side of the Main Ro~fd
and is located in the B-General
Business Zone District. Pro-
perty Address: 6955 Main
Road, Laurel, NY; County Tax
:50 p.m. Appl. No. 4245-
RGE AND SUSAN
TSAVARIS. This is a request
for a variance Under Article
XXIII, Section 100-239.4A for
permission to locate swimm-
ing pool with fence enclosure
within 100 feet of the bluff of
the Long Island Sound. Loca-
tion of Property: 2170 The
Strand, Lot 111 at Pebble
Beach Farms, East Marion,
NY: Parcel ID No. 1000-30-
2-53.
5. 7:55 p.m. Appl. No.
4244SE- DEPOT ENTER-
PRISES, INC. This is a re-
quest for a Special Exception,
as amended, to include ap-
Proval for the location and use
of a proposed addition to the
'existing principal building
located at 320 Depot Lane,
Cutchogue, New York. The
proposed addition is an espan-
sion of the existing recrea-
tional membership club and is
located in the Residential-
Office (RO) Zone District.
.~Property ID No.
1000-102-2-12.1. .
6. 8:05 p.m. Appl. No. 4249-
SANFORD AND SUE
HANAUER. This is a request
for a Special Exception to
establish and operate a Bed
and Breakfast in accordance
with the provisions of the zon-
ing code at Article III, Section
100-31B(15), with owne~'-
occupancy, and as an ac-
cessory t9 the existing prin-
cipal residence. Location of
Property: 4105 Soundview
Avenue, Mattituck, NY; Coun-
ty Tax Map Parcel No~
1000-94-3-part of 1.7, also
known and referred to as Lot
No 2 on the Subdivision Map
of Robert and J6an ~e~l~er.L
7. 8:10 p.m. Appl. No. 4240-
JOHN CROKOS. This is a re-
quest for a variance under Ar-
ticle XXIX, Section
100-239.4A based upon the
May 4, 1994 Notice of Disap-
proval from the Building In-
spector for permission to
locate swimming pool with
fence enclosure within 100 feet
.~i f the bluff along the Long
sland Sound. This property
was the subject of prior
peals under Appl. No. 4204 as
rendered 12/8/93 and Appl.
No. 4140 as rendered 2/23/94.
The subject premises is im-
proved with a single-family
dwelling and contains an area
of approximately 40,000 sq. ft.
(total lot area). Location of
Drive, Orient, ~[~LOt No. 7
on the Map o~l~nd View
Estates; County Tax Map
Parcel No. 1000-14-2-3.11.
8.8:15 p.m. Appl No. 4241-
RICHARD LAN. This is a re-
quest for a variance under Ar-
ticle IliA, Section 100-30A.4
(ref. Article III, Section
100-33) based upon the May 4,
1994 Notice of Disapproval
from the Building Inspector in
a building permit application
to construct pool and deck in
the front yard area, as an ac-
cessory use. Location of Pro-
petty: 230 Bridge Lane, Cut-
chogue, NY; County Tax Map
Parcel No. 1000-111-15-1.4 and
1.5 (Tax Map Parcel No. 1.4
totals 2.478 acres and Parcel
No. 1.5 totals 1.088 acres). The
subject premises is located in
an R-40 Low-Density Residen-
tial Zone District.
9. 8:20 p.m. Appl. No. 4243
-- MOORE'S LANE
HOLDING CORP. This is a
request for a variance under
Article V Section 100-53B,
Section 100-31C (ref. Section
100-33), and Section 100-231,
based upon the May 4, 1994
Notice of Disapproval from
the Building Inspector for per-
mission to locate acessory uses
(tennis court, swimming pool
and pool clubhouse) in an area
other than the required rear
yard, and with tennis-court
fencing at a height of more
than four feet when located in
a front yard area. Location of
Property: 475 Cedarfields
Drive, Greenpo~'t, NY; Coun-
ty Tax Map Parcel No.
1000-40-5-1.42. The subject
premises is located in the
Hamie/2D~nslty Zone District.~
10. & 11. 8:25 p.m. TONY[
AND MARIA KOSTOULAS. I
Location of Property: 1035
Aquaview Avenue, East
Marion, NY; County Tax Map
Parcel No. 1000-21-2-13. This
property is ~onconforming as
to total lot area in this R-40
Zone District.
Appl No. 4098 - (Continued
Hearing) This is a request for
a variance under Article
XXIII, Section 100-239.4 for
approval of a deck extension
located within 100 feet of the
bluff of the Long Island
Sound:
Appl No. 4248- This is a re-
quest for a variance under Ar-
tide IliA, Section 100-30A.3
for approval of a deck addi-
tion with insufficient side yard
12. 8:35 p.m. Appl. 4247-
HUGH T. and CAROL L
CONROY. This is a request
for a Special Exception to
establish an Accessory Apart-
ment in conjunction with the
owner's occupancy within ex-
isting residence as authorized
under Article III, Section
100-30A.2B and Section
100-31B(14) of the Zoning
Code. Location of Property:i
'Westerly side of Gin Lane,I
Southold, NY; also referred to
as Lot No. 2 on the Subdivi-
sion Map of Bay Haven filed
in the Suffolk County Clerk's
Office as Map 2910; further
identified on the County Tax
Maps as 1000-88-3-6.
13. 8:55 p.m. Appl. No.
a~o- ~AR~,A~ET ~BEST
'"'d~D A]D~L1/'I~ SY'VERSOr~
This is a request for.~, variaoc~
under Article IliA, Section
100-30.1 based upon the May
2, 1994 Notice of Disapproval
by the Building Inspector for
approval of the proposed in-
sufficient lot area and insuffi-
cient lot width of proposed
Parcels No. 1 and No. 2. Loca-
tion of Property: P~vate Road
No. 17 extending off the
easterly side of Camp Mineola
Road, Mattituck, NY; Coun-
ty Tax 'Map Parcel No.
1000-123-6-17. The .subject
premises contains a total lot
area of approxi/nately 1.2
acres in total area a~ld is
located in the R-40 Low-.
Density Residential Zone
District. ; ~
The Board of Appeals will
at said time and place hear any
and ali persons or represen-
tatives desiring to be heard in
the above matters. WrittenI
commer~ts may als0 be sub-
mitred prior to the conclusion
of the subject hearing. Each
hearing will not start before
the times designated above. If
you wish to review the files or
need to request more informa- '
tion, please do not hesitate to
call 765-1809 Or visit our
office. ,,
Da~ed: May 23, 1994
BY 'ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN [.
By: Linda Kowalski
. 1x'5/26; 4! !
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn,
says that she is the Editor, of the
TRAVELER-WATCHMAN, a public
newspaper printed at Southold, in
Suffolk County; and that the notice
of which the annexed is a printed
copy, has been published in said
Traveler-Watchman once each week
for Z
.................. weeks
success~vely, commencing on the
19...'.'. ·
.~..~. to before me on this
.... day of
.......... ........... ,
Notary Public
BARBARA k $CHNBDER
NOTARY PUBUC, State of New
No. 480684~
Qualified in Suffolk COoM~
Commission F. xpim~
NOTICE
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN,
pu~uaar to Sccrion 267 of the Town
Law and the Code of the Town of
Southold, that the frdlowing public
hearings will be held by lhe
SOUTHOLD TOWN BOARD OF
APPEALS, at the Southold Town
Hall. 53095 Main Road. Southold.
New York 11971, on WEDNESDAY,
JUNE 8, 1994. commencing at the
dmc specified helow:
I. 7:30 p.m. Appi. No. 4235 --
KlM FALLEN and CYNTHIA
SUTRYK. (Hearing Continued from
May 4, 1994). This is a rcqucst for a
variancc based upon the April 4, 1994
Notice of Disapproval from the
Building Inspector to lecate accessory
building in the front yard area·
Location of Properly: 3200 Soandview
Avenue, Mattituck, NY; County Tax
Map parcel 1000-94-2-5.
2. 7:35 p.m. AppL No. 4234 --
ck Th s parcel is n0nCOo~li"~
b~a~ . lot area of appro ¢lfiy.
i~0~ sq, ft. and frontage
Map ParCel No. 1000-t03-13-7- ·
LKC CORP. and JAST , .
is a request for a SpeCial Exccprion for
permission to establish a drinking
establishing use as listed under Article
XI. Section 100-10lB in an existing
principal build ne. The ~ubject premls~
es is nonconfonning w~th a Io~ area o,
approximately one-hair acre and 115~
ft. frontage along the north side of d~
Main Road and is located in the B,
General Business Zone Distcict'-'r?~
Property Address: 0955 Main Road,
Laurel NY; County Tax Map No.
4.7:50 p.m. Appl. No. 4245 -- ~
GEORGE and SUSAN TSAYARIS.
Article XXIIL Section io0-239.4A for
permission to locate swimmingpool
with fence enclosarc within 100 feet of
Location of Property: 2~70 The
No 1000-30r2-53-
5.7:55 p.m. AppL No. 42445E --
DEPOT ENTERPRISES, LNC. This
is a request for a Special Eaccprion, as
amended, to include approval for the
location and use of a proposed addi-
located at 320 Depot Lane. Cutchogue,
New york. The proposed addition is
an expans on of the existing recre-
ational membership club and s located
in the Res~dearial-Office (RD) Zone
6. 8:05 p.m. Appl. No. 4249 --
SANFORD and SUE HANAUER.
This is a request for a Special Excep-
lion to establish and operate a Bed and
Breakfast in accordance with thc pro~
visions of the zoning comte at Article
occupancy, and as an accessory to the
of Properly: 4105 Soundview Avenue,
panel No. 1000-94-3-part of 1.7, also
known and r~ferred to as Lot No. 2 on
the Subdivision Map of Robert and
lean Lenzer.
JOHN CREEDS. This is a request
Section 100~239.4A based upon the
May 4. 1994 Notice of Disapproval
from he BuiMing Inspector for per-
mission to locate swimmingpool with
fence enclosure within 100 feet of thet'~'
bluff along the Long Island Sound.
This properly was the subject of prior
Appeals under Appl. No. 4204 as ren-
dered ~2/$/93 and Appl. No. 4140 ~s
rendered 2/23/93. The subject prenus-
es is ~mproved with a single-family
approxlmatcly 40,O00 sq. ft. (total lot
area). Location of Property: 2110
No. 7 on thc Map of Grand View
Estates; County Tax Map Parcel No.
8. 8:15 p.m. Appl. No. 4241
RICHARD LAN. This is a request for
a variance under Article IliA, Section
100-30A.4 (ref. Article Ill, Section
IO0-~3) based upon the May 4, 1994
Notice of Disapproval from the
Budding Inspector in a building permit
in the front yard area, as an accessory
~ use. Location of Propeay: 230 Bridge
Map Parcel No. Io00-111-15-1.4 and
1.5 (Tax Map parcel No. 1.4 totals
2.478 acres and Parcel No. 1.5 totals
1.088 acres). The subject premises is
IDeated in an R-40 Low-Density
9. 8:20 p.m. Appl. No. 4243 --
MOORE'S LANE HOLDING
CORP. This is a request for a variance
under Article V Section 100-53B,
Seclion IO0-~IC (ref. Section
~uired rear yara, ann ........... * duly sworn, says ma~
coU~ fencing at a height of more ~han
four feet when Iocate~ in a front yard THE 8L"F~OLK
Ccdarfields Drive. GrcenpotL NY; ~t M~ttituek,
CounPY Tax Map parcel No. 1000-40- County of ~ti~olk Had
5-1.42. TI~ subject pecmiscs is located
MAe. lA KOSTOULAS. Location of
parcel No. 1000-21-2-13. This prop- Col~ntell~ on
erty is nonconforming as to total lot
area in this R-dO Zone DisPel.
Appl. No. 4098 -- (Continued
Hearing). This is a request for a
variance under Article XXIII,
Section 100-239.4 for appeOVal of a
deck extension located within 100
feet of thc bluff of the Long Island 1:~1~1.1~1 Clerk
Sound.
Appl. No. 424g -- This is a re-
quest for variance under Article
IliA. Section IO0-30A.3 for ap-
proval of a deck addition with in-
sufficient side yard setbacks.
12.8:35 p.m. AppL 4247 -- HUGB'
T. and cAROL L. CONROY- This is
a request for a Special Exception !o
establish an Accessory Apartment tn
conjunction with thc owner's occupan-
cy within exisdng residence as autho-
rized under Article Ill, Section 100-
30A~2B and Section 100-31B(14) of
the Zoning Code. Location of
Property: Westerly side of Gin Lane.
Southold. NY: also referred to as Lot
#2 on the Subdivision Map of Bay
Haven filed in the Suffolk County
Clerk's Office as Map 2910; further
identified on the County Tax Maps as
1000-88-3-6.
13.8:55 p.m. AppL No. 4239 --
MARGARET BEST and ADYLYN
SyyERSON. This is a request for a
variance under Article ILIA. Section
100-30A. based upon the M y
1994 Notice of Disapprova by ne
Building Inspector for approval of the
proposed insufficient lot area and
' insufficient lot width of proposed
parcels #1 and #2. Location of Prop-
erly: Private Road #17 extending off
the easterly side of Camp Mineola
Road. Martituck, NY; County Tax
Map Parcel No. 1000-123-6-17. The
subject premises contains a total lot
area of approximately 1.2 acre(s) in,
total area and is located in the R-40'
Low-Density Residential Zone Dis-
trict.
The Board of Appeals will at said
time and place hear any and all per-
to the conclusion of the subject hear-~
ing. Each hearing will not start .he~ fore
the times designated above, if youI
wish to review the files or n~ed to~
not hesitate to call 765-1809 or visit~
Dated: May 23, 1994.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P, GOEHRINGER
CHAIRMAN
By Linde Kowalski
7945~- ITMy26 °'n~ /
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 24, 1994
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
TO:
RE:
Applicants
Public Hearings - June 8, 1994
Dear Sir or Madam,.'
We are in receipt 'of your recent application under the :Southold~Town'Zonlng
Ordinance and. have forwarded notice for publication this week to the.local and
official newspapers of the Town, to wit: Long Island, Traveler-and' Suffolk
Times~
Copies of your file have been distributed to the ,Board Members for additional
review, and~ individual on-site inspection; expected within, the next 10 to 14
days. If you have not already staked the proposed new construction, we
ask ,that you please do so immediately.
It is requested that one of the property owners, or if the. property owner is
not availablei then someone,fully familiar with the property, appear ,at the
public hearing-at, the time specified in the attached Legal. Notice. If your
presentation-should be lengthy, a draft or final written copy is always
appreciated. You should feel free to submit additional documentation to
support this application-at any time before, or during, the pubtic hearing,
Please do not hesitate to call our office if you have questions concerning
your application or related matter.
Yours very truly.
Linda Kowalski
Clerk. Board of Appeals
Enclosure
Copies of Legal Notice ~nt to the following. 5/24/94:
Cynthia Sytruk and Kim Fallon
55 Harbor View Avenue
Mattituck, NY 11952
Mr. and Mrs. Alex Wipf
940 West Creek Avenue
Cutchogue, NY 11935
LKC Corp.
P.O. Box 843
Jamesport, NY
119~7-0843
Mr. and Mrs. George Tsavaris
2170 The Strand
P.O. Box 385
East Marion; NY 11939-0385
Dr. Joseph Lizewski
Depot Enterprises, Inc.
320 Depot Lane
Cutchogue, NY 11935
Mr. and Mrs. Sanford'Hanauer
4105 Soundview Avenue
P.O. Box 281
Mattltuck, NY 11952-0281
Attn: Keith
Keller-Sandgren~ Associates
10 Mineola Avenue
Roslyn Heicjhts, NY 11577
Mr. James Fitzgerald
P.O. Box 617
Cutchocjue, NY 11935-0617
Moore's Lane ,Holding Cotp.
P.O. Box 1143
Cutchogue, NY 11935-1143
Patricia C. Moore; Esq.
P.O. Box 23
Westphalia Road
Mattituck, NY 11952-0023
Mr. and Mrs. Hucjh T. Conroy
380 Gin Lane
Southold, NY 11971
Dr./Mrs. Robert Hariri
61 Lafayette Avenue
Chatham~ NJ 07928
Scheffs Trust
3100 Soundview Avenue
Mattituck, NY 11952
M/M Demetrio Lavecjlia
97-24 116th Street
Richmond Hill, NY 11419
Copies to TB, BD, PB, TA Departments
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STAllS'TICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
FROM:
RE:
DATE:
,c, OUTHOLD TOWN ZONING BOARD OF APPEALS
JUDITH T. TERRY. SOUTHOLD TOWN CLERK
ZONING APPEAL NO. 4?45
MAY 9. 1994
Transmitted is application for variance submitted by GEORGE g SUSAN
TSAVARIS together with notice to adjacent property owners; Notice
of Disapproval from the Building Department; together with survey
and other relevant documents.
Judith T. Terry~
Southold Town Clerk
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be comDleted by ADplicant or Project s!=onsor) '
SEQR
5. IS PROPOSED ACTION:
C~New [] Expansion [] Medlflcatlonlalteratton
6, DESCRIBE PROJECT ERIEFLY:
7. AMOUNT OF ~N~ AFFE~ED:
Initially acres Ultimately acres
WILL PROPOSED ACTION COMPLY WITH EXISTINO ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[] Yes ~0 l! NO, ~l$Cribe briefly
9, A IS PRESENT LAN0 USE IN VICINITY OF: PROJECT?
10. DOES ACTION INVOLVE A PERMIT APPROVAl OR F:UNDING. NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL
STATE OR LOCAL)?
[] Yes '~No If yes, list agency(s) and 13ermiUa~provat$
11. DOES ANY AEPECT OF THE ACTIG~I HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
AS A RESULT OF: PROPOSED ACTION W LL £XISTING PSRMIT!APPROVAL REQUIRE MODIF:ICATION?
[] Y.: [] Ho
I CERTIFY THAT THE INF:ORMATION PROVIDED ASOVE IS TRUE TO THE BEST OF: MY KNOWLEDGE
! II the action is in the Coastal Area, and you are a state agency, complete t~e Coastal Assessment Form before proceeding with this assessment
OVER
I .(Continued on reverse side)
The N.Y.S. Environmental Quality Review Act requires submission
.INSTRUCTIONS:
(a) in order bo 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 Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessme'nt
1. Will project result in a large physical change
to the project site or physically'alter more
2. Will there be a major change to any unique or
un~ual land form On the site? .__Yes ~/No
3. Will project alter or have a large effect on
an existing body of water? Yes ~/No
4. Will project have a potentially large impact on
groundwater quality? Yes
5. Will project significantly effect drainage flow
on adjacent sites? · Yes V/No
6. Will project affect any threatened or endangered
plant or animal species? Yes
7. Will project result in a major adverse effect on
air quality? Yes ~,No
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 o
9. Will project adversely impact any site or struct-
ute of historic, pre-historic, or paleontological
importance or any site designated as a critical
envireamental area by a local agency? Yes ~No
10. Will project have a m~jor effect on existing or V~No
future recreational opportunities? Yes
11. Will project result in major traffic problems or
cause a major effect ~o existing transportation ~N
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb- ·
ance as a result of the project's operation? Yes ,~/No
13. Will project have any impact on public health
or safety? Yes ~No
14. Will project affect the existing community by
directly causing a growth in permanent popula- ~No
tion of more than 5 percent over a one-year Yes
period or have a major negative effect on the
charact~-~ of the co~ununity or neighborhood?
~5. Is there public confroversy COncerning the
Preparer,s Signature: ~- ~" ~ Yes o
'ZEA ~/-75
QUESTIC~AIRE
FOR "~ ·
=.-IJG WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of ~
the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
$eparate sheet may be attached.}
~. Zs ~he s~]ecu premises lis~e~ on the real es~a~e marne~ for
- sale or being shown to prospective buyers? { } Yes
{ } Yes { } No
D. 1. Are there any areas which contain wetland grasses? _~
3. Is the property bulkh--~a~ed between the wetlands are
the upland building area? k)O a and
4. ' If your ~roperty contalns wet~n=s or pond areas, have
you contacted the Office of the To~/~UStees for its
determination of jurisdiction? .
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? ~/~ (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or
which e~ ~ ~oa~%notI
__e -x~u, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? ~O If yes, please Submit.a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner alsd own other land close to this
parcel? ~O If yes, please explain where or submit copies
of deeds.'
I. Pleas~ list present B~e or opera~_~ons ccnduct.~d at this
parcel ~ /,.3 ~ t~ ~'fl~"~ I t q I~--~-<~ 1'(2~C ~ and
proposed use
3187, 10/901k
§ 97-13
WETLANDS § 97-13
TOWN -- The Town of Scut:hold.
TRUSTEES __ The Board of Trustees of the Town of
Sou~hold. [Added 6-5-84 by L.L. No. 6-1984]
'W'ETT__~..N'IDS [Amended 8-26-76 by L.L. Ho. 2-197(~: 3-25-
8$bvrI T, N'a. 6-1985): '
A. ~IDAL WETLANDS:
(1) All lands generally covered or intermittently coy*
ered with. or which border on. tidal waters, or lands
lying beneath tidal waters· which at mean iow tide
are covered by tidal waters to a maximum depth o£
five (5) feet· including but net limited to banks.
bogs. salt marsh, swamps, meadows, fla~s or other
low lying lands subject to tidal act/on;
(2) All banks, bogs, meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following:, salt hay. black
grass, saltworte, sea lavender, tall cordgrass, high
bush. cattails, groundsel, marshmallow
(3) AIl lnnd irnrnediate~y adjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER W'ETLANDS:
(1) "Fre.~h~vater wetlands" as defined in Article 24. Ti-
tle 1, § 2,1-0107. Subdivisions l(a) to l(d) inclusive.
of the Environmental Conservation Law of the State
of New York: and
(2) All land imrncdiateh-adjacent toa"freshwate ·
m seventy-five (75) feet la~dward of thc most land-
ward edge of a" ' · "
9705
~) COUNTY OF SUFFOLK Im-~a, SOUTHO~D
Real
O3O
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
scoTr L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
ACTION OF THE BOARD OF APPEALS
Appl. No. 4080.
Upon Application of GEORGE AND SUE TSAVARIS. This is an
Appeal for a Variance to the Zoning Ordinance, Article XXIII,
Section 100-239.4 for approval of location of accessory satellite
(antenna) dish structure with a setback at approximately 36 feet
from the bluff line. The requirement for all structures under
Section 100-239.4 is 100 feet from the Long Island Sound bluff.
Location of Property: 2170 The Strand Way, East Marion, NY;
Pebble Beach Farms Filed Map No. 6266, Lot 111; Parcel ID
No. 1000-30-2-53.
WHEREAS, a public hearing was held on May 7, 1992, at which
time all those who desired to be heard were heard and their
testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
~F6EREAS, the Board made the following findings of fact:
1. This is an application for a Variance under Article
XXIII, Section 100-239.4 for approval of an accessory structure,
i.e. satellite antenna dish which has been located (without a
building permit) in the rear yard area and the base of which is
shown to be situated 37 feet from the existing top of the L.I.
Sound bluff.
2. The premises is known as Lot No. 111 on the "Map of
Pebble Beach Farms" and is improved with a single-family,
two-story dwelling with porch situated at 55-1/2 feet from the
closest distance to the top of the bluff line and located 100
feet from the average top of bluff shown on the filed subdivision
map. Also existing at the premises is the subject antenna dish
structure, barbeque "burner," play area and deck landward of the
~age 2 - Appl. No. 4080
Matter of GEORGE & SUE TSAVARIS
Decision Rendered June 4, 1992
top of the bluff. There are steps sloping down the bluff to the
beach area at the bottom of the bluff.
4. Article XXIII, Section 100-239.4A of the Zoning Code
requires all buildings and structures located on lots upon which
there exists a bluff or bank landward of the shore or beach of
shall be set back not less than one hundred (100) feet from the
top of such bluff or bank.
5. Correspondence has been received from the office of the
Town Trustees confirming that the antenna structure is beyond
their jurisdiction under the Coastal Erosion Hazard Ordinance
adopted in November 1991 (Ch. 37) and the Town Wetland Ordinance
(Ch. 97).
6. The applicants have indicated that they have
communicated with the N.Y.S. Department of Environmental
Conservation and have been assured that the structures are
grandfathered as exist.
noted:
For the record, the following additional information is
(a) the overall height of the antenna dish is at a
maximum of 17 to 18 feet above ground;
(b) the overall width of the antenna dish is
approximately nine (9') feet;
(c) there are cedar trees existing along the easterly
side of the antenna location which will suffice for screening
purposes -- additional screening would limit waterviews for the
property owner and adjacent property owners;
(d) satellite signals are limited to areas located
within 45 feet, or less, of the top of the bluff line {shown on
the copy of the survey with the signal areas highlighted in
yellow}. There is no other location except to position the
satellite at a dangerous height on the roof of the house, or
perhaps in the front yard, which is not permitted without
variances and further consideration. The alternatives are not
more feasible under the circumstances.
(e) this application is strictly for the satellite
antenna dish, and not for any other structure existing at this
time within 100 ft. of the top of the bluff. (No other variance
application has been found of record for this property.)
~age 3 - Appl. No. 4080
Matter of GEORGE & SUE TSAVARIS
Decision Rendered June 4, 1992
8. It is the position of this Board that in considering
this application:
(a) the relief requested is in this application is
not substantial in relation to those buildings existing generally
in the neighborhood and along this Sound bluff;
(b) an accessory structure for satellite antenna
purposes is required to obtain a building permit, however, it
not a prohibited use;
is
(c) it is not uncommon for parcels along the Sound
bluff to require variances for accessory structures within 100
feet of the bluff because the principal structures preexist the
enactment of Section 100-239.4 (previously 100-119.2 under the
old zoning code);
(d) there is at least one other similar antenna dish
located in the immediate neighborhood to the west;
(e) the difficulties are uniquely related to the
property and its topography, and the difficulties claimed are
not personal to the landowner;
(f) the amount of relief requested will not in turn be
adverse to the safety, health, welfare, comfort, convenience or
order of the town, nor will it prevent neighboring properties
from enjoyment of their properties;
(g) there is no alternative feasible for appellants to
pursue other than a variance;
(h) in view of all the above, the interests of justice
will be served by granting relief, as conditionally noted below.
.Accordingly, on motion by Mr. Dinizio, seconded by
Mr. Grigonis, it was
RESOLVED, to GRANT a variance for an accessory (satellite
antenna dish) structure only, as applied in the Matter of MR. AND
MRS. GEORGE TSAVARIS under Appl. No. 4080, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. That the antenna dish not be replaced, rebuilt,
re-located, moved, or otherwise altered or modified (except
through an additional permit/variance application process);
2. That the cedar trees as exist be properly maintained in
good condition;
~age 4 - Appl. No. 4080
Matter of GEORGE & SUE TSAVARIS
Decision Rendered June 4, 1992
3. That there be no physical disturbance to or near the
bluff area;
4. That the appellants must apply for and receive a
building permit (and other agency approvals which may be deemed
necessary) for structures at this site.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio
and Villa. Nay: Chairman Goehringer (voted against the
resolution because he felt that additional screening along the
easterly property line was necessary). This resolution was duly
adopted. (Margin: 4-1).
lk
CHAIRMAN
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 2S SOUTHOLD, L.I., N.Y.
TELEPHONE (516) 765-1809
ACTION OF THE BOARD OF APPEALS
Appeal No. 3733:
At a Meeting of the Zoning Board of Appeals held on
July 14, 1988, the above appeal was considered, and the Action
indicated below was taken on your Request for a Variance to the
Zoning Ordinance, Article XI, Section 100=119.2A:
Upon application of ESME AND NICHOLAS LAGUDIS for a Variance
to the Zoning Ordinance, Article XI, Section 100-119.2 for
permission to locate accessory (gazebo) structure within 100 feet
of the top of the bluff along the L.I. Sound, at premises known
as 760 The Strand, Pebble Beach Farms Subdivision Lot #129, East
Marion, NY; County Tax Map Parcel No. 1000-30-2-84.
WHEREAS, a public hearing was held and concluded on
July 14, 1988 in the Matter of the Application of ESME AND
NICHOLAS LAGUDIS under Appeal No. 3733; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The property in question is identified on the Suffolk
County Tax Maps as District 1000, Section 30, Block 2, ~ot 84, is
known as Subdivision Lot #129 as shown on the Pebble Beach Farms,
Inc. Subdivision Map.
2. The subject premises contains a total area of
approximately 25,800 sq. ft. and is improved with a
single-family, one-story framed house with garage as more
particularly shown on the June 28, 1983 survey prepared by Young
and Young, L.S. (No. 82-614).
Page 2 - Appl. No~733
Matter of ESME & ~kCHOLAS LAGUDIS
Decision Rendered July 14, 1988
3. By this application, appellants propose to place an
accessory gazebo structure, ten feet in diameter, a distance of
12 feet from the tie line of the average line of bluff.
4. The proposed gazebo will not have electric or other
utilities, is to remain and unenclosed, is not to exceed 13 feet
in height, and there will be no disturbance to the area between
the bluff and~he house since the gazebo will be placed upon the
ground and not upon a full foundation.
5. Article XI, Section 100-119.2, subparagraph A(%)
requires all buildings proposed on lots adjacent to the Long
Island Sound to be set back not less than one-hundred (100) feet
from the top of the bluff, or bank.
6. In considering this appeal, the Board finds and
determines: (a) the activities required for the placement of
this gazebo structure will not disturb the bluff or be adverse to
the character of the immediate area; (b) the percentage of
relief in relation to the requirement is substantial; however,
the parcel is substandard in size which lends to the uniqueness
of this case; (c) the practical difficulties are related to the
land and are not personal in nature; (d) the grant of this
variance will not in turn be adverse to the safety, health,
welfare, comfort, convenience, or order of the town; (e) there
is no other method feasible for appellants to pursue, other than
a variance; (f) in considering all the above factors, the
interests of justice will be served by granting the application,
as applied for.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT a Variance from Article XI, Section
100-119.2A of the Zoning Code for the placement of an accessory
gazebo structure as applied in the Matter of
Appeal No. 3733 - ESME AND NICHOLAS LAGUDIS.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen was absent due to weather
conditions.) This resolution was duly adopted.
lk
GERARD p. GOEHRINGER
CHAIRMAN
Southold Town Board of Appeals
MAIN ROAD- BTATE ROAD 25 SOUTHOLD, /.I., N.Y. 11c~'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3480
Application Dated March 6, ]986 (Public Hearing May ], ]986)
TO: Mr. and Mrs. Vincent Casa [Appellant (s)]
72-6l ll3th Street
Forest Hills, NY 11375
Mr. Arthur Siemerli'ng, as agent
At a Meeting of the Zoning Board of Appeals held on ~.a~ 28, ]986,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
~rticle , Section
[X] Request for Variance to the Zoning Ordinance
Article X! , Section ]00-]]9.2(A)
[ ] Request for
Application of VINCENT AND JOANN CASA for a Variance to the Zoning
Ordinance, Article XI, Section lO0-119.2(A) for permission to locate swim-
mingpool with deck and fence enclosure within 100 feet of bluff along the
Long Island Sound, premises known as 1840 The Strand, Pebble Beach Farms
Inc., Subdivision Map #2, Lot #115, East Marion, NY; County Tax Map Par-
cel No. 1000-30-2-58.
WHEREAS, a public hearing was held and concluded on'May l, 1986
in the Matter of the Application under Appeal No. 3480, of VINCENT J.
CASA; and
WHEREAS, the board
familiar with the premises
surrounding areas; and
members have personally viewed and are
in question, its present zoning, and the
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded and transcribed; and
WHEREAS, the board has carefully considered all testimony and
documentation submitted concerning this application; and
WHEREAS, the board made the following findings of fact:
1. The premises in question is located along the north side
of The Strand,iRoad, East Marion, is identified on the Suffolk County
Tax Maps as District lO00, Section 30, Block 2, Lot 58, and is known
and referred to as Lot #115, Subdivision Map of "Pebble Beach Farms.
2. The subject premises consists of a total area of 26,500
square feet, more or less, with frontage along The Strand of 77 feet
and lot depth~of]360± feet, and average buildable lot depth of 238m feet.
The premises is improved with a single-family one-story frame house and
garage structure set back 69.8 feet from its nearest point from the
'front (southerly) property line, 12.4 feet from the east side line
and 7.5 feet from the west side line.
3. By this application, appellant requests permission to con-
struct an 18' by 36' lnground swimmingpool with deck areas, set back
three feet from the west side line and approximately 50 feet from the
average line of bluff as shown by sketched survey amended April 23,
1981 and filed with this application. The pool and deck areas are
shown to be unattached to the existing dwelling. (CONTINUED ON PAGE TWO)
DATED: June 2, 1986. CHAIRMAN, SOUTHOLD TO~ ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appeal No. 3480
~tter of MR. AND MRS. VINCENT CASA
Decision Rendered May 28, 1986
4. Article XI, Section 100-119.2, sub-paragraph A(1) requires
all buildings proposed on lots adjacent to Long Island Sound to be
set back not less than one-hundred (lO0) feet from the top of the
bluff or bank.
5. Included in the board's review is a written report from
'the Suffolk County Soil Conservation Service, U.S. Department of
Agriculture, dated April 3, 1986, indicating that this bluff area has
experienced severe erosion problems within the last few years.
6. It is the opinion of the board members that (a) the pool
should be located as far back from the bluff edge as possible, with
the long axis parallel to the bluff in order to keep as much weight
as possible back(away)from the bluff edge; (b) any draining of the
pool or discharge should be piped toward the south of the property
and not over the face of the bluff; (c) all water runoff, (including
irrigation, etc.) should be piped toward the south of the property
and shall not drain over the bluff areas.
In considering this appeal, the board finds and determines
that in locating the long axis of the proposed construction parallel
to the house and bluff: (a) the variance will be minimal and not
substantial in relation to the zoning requirement [20% of a variance];
(b) there will be no substantial change in the character of the
district; (c) the circumstances are unique; (d) that the practical
difficulties under these circumstances are sufficient to warrant the
granting of a variance; (e) the interests of justice will best be
served by allowing the relief, as conditionally noted below.
Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis,
it was
RESOLVED, that a Variance for permission to construct accessory
pool with deck and fence enclosure within 100 feet of the Long Island
Sound Bluff, BE AND HEREBY IS APPROVED in the Matter of the Application
of VINCENT J. CASA, Appeal No. 3480, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the pool and deck areas be not closer than l0 feet to
the westerly side property line;
2. That the pool and deck areas be
and be constructed not closer than 80 feet
nearest point;
unattached to the dwelling
from the bluff line at its
3. That the pool and deck shall not be linked to the house or
house decks;
4. There be no drainage over the bluff area of any water
(from the pool, rain, irrigation, etc.) into the Sound;
5. All fill must be ploced landward of the bluff;
6. Pool-deck construction shall remain open and unroofed;
7. Exterior lighting shall
affecting other properties and shall
head lighting);
be shielded to this parcel not
be of a low-profile type (no over-
8. Fencing should be of chainlink type.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen,
Douglass and Sawicki. This resolution was duly adopted.
lk
June 2, 1986
Southold Town Board o£ Appeals
MAIN ROAD- STATE ROAD 25 SrlUTHOLD, L.I.. N.Y.
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3673
Application Dated September
TO:
Mr. Nick Mihalios
23-50 31st Street
Astoria, NY lll05
17, 1987
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on November ]8, ]987,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article XI , Section 100-]19.2
[~] Reques~ for
Application of NICK MIHALIOS for a Variance to the Zoning Ordi-
nance, A?ticle XI, Sgction 100-]19.2 for permission to locate inground
swimmingpool, decks and fence enclosure with an insufficient setback
from the top of bluff along the Long Island Sound. Location of
Property: North Side of The strand, Lot #124, Map of Pebble Beach
Farms, East Marion, NY; County Tax Map Parcel No. 1000-30-2-74.
WHEREAS, a public
1987 in the Matter of
No. 3673; and
hearing was held and!concluded on November
the Application of NICK MIHALIOS under Appl.
10,
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony ?ecorded; and
WHEREAS, the Board has c'arefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is known and referred to as
Lot #124 as shown on the Map of Pebble Beach Farms Inc., No. 2,
and designated on the Suffolk County Tax Maps as District lO00,
Section 30, Block 2, Lot 74.
2. The subject premises contains a total lot area of .635
acre(s) and is improved with a single-family dwelling set back
as shown by survey prepared by Young and Young dated May 2, 1987
48.9 feet at its closest point from the front property line along
The Strand and 80 feet at its closest point from the average line
of bluff. The sideyards are presently 10 feet at the east side
and 20 feet from the foundation line at the west side (although
7.5 feet at the west side from the carport addition).
3. By this application, appellant appeals from a Notice
of Disapproval from the Building Inspector issued August 26, 1987
(CONTINUED ON PAGE TWO)
DATED:
Form ZB4
November 24, 1987.
(rev. 12/81~
CHAIRMAN, SOUTHOLD TOWN
OF APPEALS
ZONING BOARD
Page 2 - Appl. No. 3~3
Matter of NICK MIHALIOS-
Decision Rendered November 18,
1987
for permission to locate inground swimmingpool with deck and
fence enclosure as sketched on the May 2, 1987 survey. The
pool is proposed with a setback at not less than 80 feet from
the average line of bluff, and approximately 7½ fees from the
west side property line. The fence enclosure is proposed at
75 feet from the average line of bluff and three or more feet
from the west side property line.
4. Article XI, Section 100-119.2, s~bparagraph A[l]
the Zoning Code requires all buildings proposed on lots
adjacent to the Long Island Sound to be set back not less
than one-hundred (100) feet from the top of the bluff.
of
5. It is noted that sections of the lot have been filled,
and the rearyard area currently slopes toward the bluff. Along
the western side of the property and onto the adjoining lot,
there is a low area (or drainage way) which also slopes toward
the bluff. The bluff face is well vegetated with woody vegeta-
tion, mostly of Bayberry, and appears stabile. It is the
opinion of this Board that actions are necessary to reduce any
possibilities of concentrated water flows from flowing down
the bluff face, such as grading the rearyard area away from
the bluff. Constructing the swimmingpool at an elevation sub-
stantially lower than the top of the bluff and installing
gutters, downspouts and drywells for roof runoff will also
alleviate potential problems.
6. In considering this appeal, the Board also finds and
determines that by locating the proposed construction as
further noted below: (a) the variance will be minimal and
will not be substantial in relation to the zoning requirement,
being a variance 15 feet, or ]5%; (b) there will be no
substantial change in the character of the area since
relief has been granted for similar bluff areas/properties
along the Long Island Sound; (c) the circumstances of the
property are unique; (d) the practical difficulties claimed
are sufficient to warrant the relief as alternatively granted;
(e) there is no other method feasible for appellan~ to pursue
other than a variance; (f) in view of all the above factors,
the interests of justice will be served.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT the following alternative relief in
the Matter of the Application of NICK MIHALIOS under Appeal
No. 3673, and SUBJECT TO THE FOLLOW~'N~--~'ONS:
1. That the"pool be lo~ted not closer than 85 feet to
the top of bluff a.nd Dot be linked directly to the house;
2. That there be no excavation or disturbance of land
within 80 of the average line of bluff:
3. That the pool be located not closer than seven fee~
and the deck not closer than three feet to the west side
property line;
4. That the east sideyard area remain open and unob-
structed the full width of ten feet at all times (including
Page 3 - Appl. No. 3673
Matter of NICK MIHALIOS
Decision Rendered November 18,
1987
bushes, trees, etc.);
5. That dryweil(s) be installed, and leaders and gutters
be piped (for proper drainage into the drywells);
6. That no surface water or other discharges flow over
top of bluff, and the rearyard be regraded toward tt~e house.
7. No lighting which may be adverse to neighboring
properties;
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted..
lk
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Do3;en, J~.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOgVN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Appl. No. 4114.
Upon Application of GEORGE TSAVARIS. A Variance to the
Zoning Ordinance, Article XXIII, Section 100-239.4 for approval
of deck area as exists at the top of bluff stairway along the
L.I. Sound. Location of Property: 2170 The Strand Lane, East
Marion, NY; Pebble Beach Farms Filed Map No. 6266, Kot 111;
Parcel ID No. 1000-30-2-53.
WHEREAS, a public hearing was held on September 10, 1992, at
which time all those who desired to be heard were heard and their
testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1. This is an application appealing a Notice of Disapproval
issued on April 1, 1992 by the Town Building Inspector on the
grounds that the subject "accessory deck...is less than 100 feet
from the bluff," and requesting a setback variance under Article
XXIII, Section 100-239.4 for approval, as exists.
2. The premises is known as Lot No. 111 on the "Map of
Pebble Beach Farms" and is improved with a single-family,
two-story dwelling'with porch situated at 55-1/2 feet from the
closest distance to the top of the bluff line and located 100
feet from the average top of bluff shown on the filed subdivision
map. Also existing at the premises is the subject antenna dish
structure, barbeque "burner," play area and (subject) deck
landward of the top of the bluff. There are steps sloping down
the bluff to the beach area at the bottom of the bluff.
3. Article XXIII, Section 100-239.4A of the Zoning Code
requires all buildings and structures located on lots upon which
there exists a bluff or bank landward of the shore or beach of
'.Page 2 - Appl. No. 4114
Matter of GEORGE TSAVARIS
Decision Rendered September 10,
1992
shall be set back not less than one hundred (100) feet from the
top of such bluff or bank.
4. Correspondence dated June 18, 1992 has been received
from the office of the Town Trustees confirming that the subject
deck is beyond their jurisdiction under the Coastal Erosion
~azard Ordinance adopted in November 1991 (Ch. 37) and the Town
Wetland Ordinance (Ch. 97).
5. The applicants have indicated that they have
communicated with the N.Y.S. Department of Environmental
Conservation and have been assured that the structures are
not in violation of the permit issued August 18, 1989 under DEC
No. 10-89-0394.
6. For the record, the following additional information is
noted:
(a) the height of the accessory deck is approximately
18 inches from ground to top of deck, and the posts are
approximately four ft. deep in the ground;
(b) the diameter of this deck is 25 feet, and there is
an outer stairway with three steps from ground level;
(c) there are cedar trees existing along the easterly
side property for screening purposes -- additional screening
would limit waterviews for the property owner and adjacent
property owners;
(d) this application is strictly for the accessory
deck at the top of the bluff stairs and is not and will not be
physically attached to the house or any other structure.
7. It is the position of this Board that in considering
this application:
(a) the relief requested is in this ~pplication is not
substantial in relation to similarities existing generally in the
neighborhood and along the Long Island Sound bluff;
(b) stairs and platform/deck areas are necessary to
gain access to the beach and water area below the bluff for which
N.Y.S. Department of Environmental Conservation approval was
issued;
(c) it is not uncommon for parcels along the Sound
bluff to require variances for a minor accessory structure or
stair accessways within 100 feet of the bluf;
Page 3 - Appl. No. 4114
Matter of GEORGE TSAVARIS
Decision Rendered September 10, 1992
(d) prior to the enactment of Section 100-239.4
(previously 100-119.2 under the old zoning code) {Spring 1985},
Notices of Disapproval and/or building permits were not issued by
the Building Department and therefore no appeal process was
followed forvariances under this provision of the zoning code;
(e)' the difficulties are uniquely related to the
property and its topography, and the difficulties claimed are
not personal to the landowner;
(f) the amount of relief requested will not in turn be
adverse to the safety, health, welfare, comfort, convenience or
order of the town, nor will it prevent neighboring properties
from enjoyment of their properties;
(g) there is no alternative feasible for appellants to
pursue other than a variance;
(h) the amount of relief requested will not in turn be
adverse to the safety, health, welfare, comfort, convenience or
order of the town, or be adverse to neighboring properties;
(i) the variance will not cause a substantial effect
on governmental facilities;
(j) in view of all the above, the interests of justice
will be served by granting relief, as conditionally noted below.
8- Upon inspection, it is was noted that the bluff is
heavily vegetated, some of which is weed growth. There are
shrubs, tree and viney growth throughout the bluff face. The
yard shopes south towards the dwelling and is well vegetated in
turf grasses. The bluff areas for this property and other
properties to the east and west have no toe stabilization. It
does not appear tht the high tide reaches the toe area of the
bluff. In the event bare spots should become visible, then they
should be planted to 'Cape' American beachgrass, making sure not
to disturb any other existing vegetation as per report of the
Suffolk County Soil and Water Conservation District Office dated
July 29, 1992.
9. For the record, it is noted that this determination
shall not affect the validity of, or more stringent requirements
by, other agencies (Town Trustees, DEC, etc.).
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Villa, it was
.',Page 4 - Appl. No. 4114
Matter of GEORGE TSAVARIS
Decision Rendered September 10,
1992
RESOLVED, to grant the relief as requested under Appl. No.
4114 in the Matter of the Application of GEORGE TSAVARIS, SUBJECT
TO THE FOLLOWING CONDITIONS:
1. That there be no adverse physical disturbance to or
close to the bluff areas;
2. That there be no change in location or structural
modification of the existing sun deck -- deck shall remain the
same o
3. That there be no canopy or roof';
4. That there be no pole lighting (only shaded fixtures
when needed for lighting-safety purposes).
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio,
Doyen, and Villa. This resolution was duly adopted.
lk
RECEIVED AND FILED
THE SOUTHOLD TOWN CLERK
Hou
Town Clerk, Town of Sou~hold
t!
J (~) COUNTY OF SUFFOLK J~_~ SOUTHOLD l .c~.~
J ,:,,.~.._j,~.,...,.~,o,~ - ooo - 0:30
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Tha~T i~ rb~_intention of the undersigned to petition the Board nf Appeats of the Town of Southold
to request ~arianc.~Specia[ Exception) (Special Permit) (Other) [circle choice)
2. That thepropertv. which is the subiect of the P itionislocated~ ad'al nt toy urpro ertyan is des-
3. That the~roperty which is the subject of such Petition is located in the following zoning district:
. Thatb~suchPet,t,on, theunders,gncdwdlrequestthefollow,ngrehef: %/6 -Q~-H::)-:~"'cr~,'D
5. That the provisions of the Southold Town Zpning Code a~licable.t~ tbs relief sought by the under-
[ ] Section 280-A, Ne~ York To~n Lau for approval ~f access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting 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. (5L6) 765-Z809.
7. That before the relief sought may be 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 in the Suffolk Tim'es and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of $outhold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
'Owners Names:.
Post Office Address
Tel. No. (~
[Copy of sketch or
purposes.]
plan showing proposal to be
attached
for convenience
PROOF Of MAltING Of NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Receip~ for
Certified Mail
No Insurance Coverage Provided
(See Reverse)
3
Receipt for
Certified Mail
e Coverage provided
No Insuranc ternat onal Mail
(See
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
'~-~)~ ~-~ ~ ~l O ~ ~ , being duly sworn, deposes and says lhat on the ~ day
of ~ ~ ,19~ ,deponent mailcd a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-n~mcd persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roil of the Town of Sou~hold; that said Notices were mailed at the United 5~ates Post Of-
rice al ~O~~ / ~ ~ ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this C~
Notary Public
ELIZABETH ANN NEVILLE
Notsry Public, St~,e o: ~ ~w York
(This side does not have to be completed on form transmitted to adjoining
property ownerS.)
~oo¢9 ~'!.~._P OF PItoPEr2TY
x/
t
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