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HomeMy WebLinkAbout4245 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  " , 5 ¢(ALE-40' '