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HomeMy WebLinkAbout4322 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 DATE OF ACTION: July 12~ 1995 APPL. #4322. APPLICANT: WILLIAM and VICTORIA GORDON. LOCATION OF PROPERTY: 1030 Broadwatere Road~ Cutehogue. COUNTY TAX MAP DISTRICT 1000, SECTION 104, BLOCK 9, LOT 1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 24~ 1995. "Insufficient front yard setback as set forth in the Zoning Code ... 100-30A.3." PROVISIONS APPEALED FROM: Article III~ Section 100-30A.3. RELIEF REQUESTED: Plan issued June 20, 1995 by Fairweather/Brown Architects shows proposed reduction in the presently nonconforming front yard setbacks to less than that established for a proposed wood deck to 15 feet and proposed relocation of attached g~arage from 9.8 feet to 5+- feet at its closest point. The subject front yard area faces a paper road referred to as "North Pond Road" which extends northerly to Broadwaters Cove. MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: James Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: Denied setback for proposed garage, and granted alternative relief with a setback of not less than 7'6~ at its closest point in the f~ont yard along Broadwaters Road. Setback for deck proposed at not less than 15 feet from the front property lin~ granted as applied. REASONS/FINDINGS: Denial necessary due to substantial increase in present nonconformity at approximately 45% closer to Broadwaters Road, a town street. Requirement is to maintain existing nonconformity, or comply with bulk schedule for a 40 ft. front yard setback. House is presented situated on neighboring property of Lot #252 to the west, and shifting onto the this property is without a doubt necessary. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member. Gerard P. Goehringer, Chairman-Member adopted,--' ' - / This resolution was unanimously ~~~ lk /GERARD P. GOEHRINGER~, CHAIRgtAN RECEIVED AND FILED BY THE SOUTHOLD TOWN C~.~.~[K ~,~ '~/~/~ Hou~ ~?.'~_~ Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York t 1971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearing will be held at a Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY~ JULY 12~ 1995, commencing at the time specified below: 7:30 p.m. Appl. No. 4316 - OSCAR AND BETH BLEVINS. This is a Variance based upon the May 11, 1995 Notice of Disapproval issued by the Building Inspector for permission to relocate dwelling and garage addition which will have insufficient front and side yard setbacks, Article I'IIA, Section 100-30A.3. Location of Property: 640 Haywaters Drive (and Mason Drive), Cutchogue, NY; County Tax Map Parcel No. 1000-104-5-23. Zone District: R-40. 7:35 p.m. Appl. No. 4319 - YOSHIMASA OSATO. This is a Variance based upon the May 18, 1995 Notice of Disapproval issued by the Buifding Inspector for permission to construct an addition to dwelling which will have an insufficient front yard setback at 35 Sunset Way and 3250 Cedar Beach Road, Southold. Zone District: R-40. Page 2 - Legal No ~ce Regular Meeting of July 12, 1995 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4318 HENRY RUTKOWSKI. This is a Variance based upon the Notice of Disapproval issued by the Building Inspector dated May 31, 1995 for permission to construct an addition which will have insufficient rear yard setback and which places accessory garage in a side yard, Article II/A, Section 100-30A.3 and Section 100-30A.4 (ref. Road, Mattituck, NY; Zone District: R-40. 100-33). Location of Proper[y: '18275 Main County Tax Map Parcel No. 1000-115-2-11. York Town Law, by fire vehicles Commeucing at a point along the Cutchogue, along the westerly side now or formerly Baxter and others 7:45 p.m. Appl. No. 4321 - FRANK PALUMBO~ as Contract Vendee (Owner: County of Suffolk/Mary Murphy). Thi:~ is a Variance based upon the June 15, 1995 Notice of Disapproval issued by the Building Inspector for permission to construct dwelling with an insufficient front yard setback and within 100 feet of the Long Island Sound btuff or bank. Also requested is a Variance under New Section 280-A for minimum improvements for access over a private right-of-way or 'Easement Area: north side of Oregon Read, of lands of Bokina, over lands identified as Lot 1.9, Block 1, Section 72, thence extending northerly approximately 1035 feet to a point, thence running in an easterly direction approximately 375 feet to the applicant's parcel of land identified as Lot 3.3, Block 2, Section 73, District 1000, all as shown by survey da[ed June 7, 1995 prepared for Frank and Louise Palumbo. Page 3 - Legal Not~ Regular Meeting of July 12, 1995 Southold Town Board of Appeals 7:50 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES. This is a request for a Special Exception under Article IX, Section 100-91B, for permission to convert existing building in this Hamlet-Business (HB) Zone District from single-family dwelling to multiple-dwelling, or alternatively two-family dwelling with retail store. The subject lot with existing house contains a to'tal ar~a of 10,615 sq. ft. and is identified as 1000-62-1-14. The applicants also have an interest in an adjoining lot identified as 1000-62-1-13 containing approximately 10,500 sq. ft. in area which is being offered in this project to increase the available land area. Both lots are located on the north side of the Main Road, Southold, and are in the HB Zone District. 8:00 p.m. Appl. No. 4322 - WILLIAM GORDON. Variance based upon the May 24, 1995 Notice of Disapproval o£ the Building Inspector where applicant is requesting permission to construct garage and deck additions which will have insufficient front yard setbacks. Ref: Article IIIA, Section 100-30A.3. Location of Property: 1030 Broadwaters Road, Cutchogue; County Tax Map District 1000, Section 104, Block 9, Lot 1. 8:05 p.m. Appl. No. 4320 (Proposal A & B, or Proposal C & D). EAST WIND DEVELOPMENT CORP. as the current owuer of property located on King Street between Third and Second Streets, New Suffolk, NY, identified as 1000-117-8-6, requesting approval of one of the following two proposals: Page 4 - Legal Regular Meeting of July 12, 1995 Southold Town Board of Appeals PROPOSAL I: A. Special Exception, Article IIIA, permission to establish Accessory Apartment principal single-family use as provided 100-31B(13). Section 100-30A.2, for use in conjunction with by Article III, Section B. Variance under Article III, Section 100-31B(13-e) for permission to utilize existing floor area for the Accessory Apartment at a ratio of approximately 50-50% (instead of 40]60%) as livable floor area. OR, Proposal II, as follows: C. Special Exception, Article I/I, Section 100-31B-1 for approval of a two-family dwelling and related accessory uses in an existing "former supermarket" building . D. Variance under Article IX, Section 100-92 (Bulk Lot Size Schedule) for approval of lot area as exists of 21,430 sq. ft. for two-family use in this HB Zone District. 8:15 p.m. Appeal No. 4314 JAMES and BARBARA MILLER~ Contract Vendees. (Owners/Sellers: Paradise of Southold, Inc. and Otliers). Continuation o£ hearing carried over from June 7, 1995. Location of Property: 580 Basin Road, Southold, NY, Paradise Point Section One, Filed Map 3761 filed 4 / 11 / 63; also known as 1000-81-1-16.7 (formerly part of 16.4). Page 5 - Legal Notre Regular Meeting of July 12, 1995 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted before or during this hearing. If you w~sh to review the file or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: June 26, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER. CHAIRMAN By Linda Kowalski X X FORH NO. 3 TONN OF SOUTHOLD BUILDING DEPARTHENT SOUTHOLD, N.Y. Ii: ~'i''' JUN20 NOTICE OF DISAPPROVAL To ROBERT BROHN A/C ~[LLIAH & VICTORIA CORDON P.O. BOX 521 ...o..rgb..m,p?~ ~ ..ny. ~.. UP~. ................ PLEASE TAKE NOTICE that your application dated ....[~.~.~ ........... 19.~... for permit to CONSTRUCT A GARAGE ADDITION AND DECK ADDITION at Location of Property ]030 BROADHATERS ROAD CUTCROGU~ NY House No. Street Hamlet County Tax Hap No. ]000 - Section .... 1.0~. ..... BLOCK ..... ? ..... LOT ... l Subdivision ............................... Filed Hap No .......... Lot No ........ is returned herewith and disapproved on the following grounds .............................. INSUFFICIENT FRONT YARD SETBACK AS SET FORTH IN THE ZONINO CODE OF THE TOHN OF SOu~flOLD ARTICLE IlIA CHAPTER 100-30 A.3 ~INSPECTOR RV I/80 RECEIVED JUN 2 TOWN OF SOUTHOLD, NEW YORK APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF 5OUTHOLD, N. Y. It7 ~r~ ro~t i, (We) ..~...l~L.~.~..~...~..~.l~..OJ~l~..~..:~...~of ...... .~. ~ .................................................. Name of Appellant Street and,Number ......... ~-......~Vl~:~J~.(~ ................................................... ,~.:.,~,: .......... HEREBY APPEAL Municipality State THE ZONING BOARD OF APPEALS FROM THE DE~ISION OF THE BUILDING INSPECTOR ON API~LICATION FOR PERMIT NO ..................................... DATED ,..~...~..;~..J.~..~...~;. ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ....... .................................. Name of Applicant for permit of Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ("X) ~zlz~4t-r -ro go~ A &Nz/~t~ /~X~.~lc~ .~,lo ~tl'm,4 1. LOCATION OF THE PROPERTY ................. - .......... ,,.....:...:J~......~....¢.6~.~. .......... ~ .... 5freer /Hamlet: / Use District on Zoning Map Mop No. :Lot No. Prior 0~ner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ilia Section tO0~.~ , 3. TYPE OF APPEAL Appeal is made herewith for (please check approprJate box) ( ~A VARIANCE to the Z~ning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons, LaWs Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~l~J~as not~))been made with respect to this decision Of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit · ( ) request for a variance and was made in Appea! No ................................. Doted ............................. ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~'"A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this. use district because 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW,YORK ) )' ss ' :.....~...~,.¥.~'...~..L........~....~....:....~,.~.; ............. COUNTY OF ) Signature Sworn to ,his ........ ~...0..~... day' o~ CERTIFIED TO' WILLIAM L. GORDON VICTORIA A. D. GORDON MERRILL LYNCH CREDIT CORP. STEWART TITLE INSURANCE COMPANY BROAD WA TERS zor Cov I516) 765 - 5020 P. 0. BOX 909 MAIN ROAD SOUTHOLD~ N. Y. P.C. 11971 FTR~ ZONE AREA = 23,156 sq ft. to tie lines FIRM ZONE' A4 (el 8,) SURVEY OF LOT 251 & PlO LOT 252 "AIi~'NDED ~P 'A ' OF NAS~U ~ A T NASSAU POINT TO WN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000- 704- 09- Ol Scale~ 1"=40' May 6, 1994 94 - 181 Town~' ~SOUT~pR~C:ARD "~- ? -FO~ER OWNER. ' ' '~' '. :t~.' .::.'.:'~x:; :'". ";' '. '~"~'~5~i~i" ~" ~m~;':~~~¢'~':'~':~'.~¢~ ~'.~ '"~'~'~"'~ ' ~:' '" ~" RES S~S. ~ ~';" FA~ . -.~:~.~ C~;'[t:~B~;~'risd,:5~;Mkt, Value ~ND IMP. TOTAL DATE: ? R~ARKS ..... :' . - : /' '. : -. ' AGE BUILDING CONDITION , ' -:' ' .... - , N~ NOR~L BELOW ABOVE '.~'~'.' ~ ~ .. ' .; :, ~" .... ....... : ......... . --,:...~.~?.. _ 12~ FARM . Acre Value Per Value , : /~ ' ~ , ~ ' ,..,: ' -' Acre ' ' ~ '"'' ~ ,- .~ , Tillable 2. ,.'" ~'. ' ~ . ' ': ,-'~ .. ~,. - ~ '-~-. . · '".;" '. . ~ ~ U Swampland ' ' L ,~RO ~ - ~' Brushland . . ' ' FRONTAGE ON:ROAD ~ House Plot , -~EPTH ~i'~ , ..,~., ..... ~'~ ~, Total , ;~',., DOGK , ' M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total 1=6undatlon Ext. Walls Fire Place Roof Room Both ,/ Dinette FIo6rs ~ K. I nte~:io-r Finish ,/J_~-/~'/~' LR. DR. Heat O / L' Rooms 1st Floor BR. Rooms 2nd Floor FIN. B. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tonora BOARD OF APPEALS TOWN OF SOUTHOLD July 19, 1995 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. Robert I. Brown, Architect P.O. Box 521 Greenport, NY 11944-0521 Re: Appl. No. 4322 - William and Victoria Brown (Variances) Dear Mr. Brown: Please f-md enclosed a copy of the determination venderod by the Board of Appeals and filed today concerning your variance application. A copy of this determination has also been fuvni.~hed to the Southold Town Building Department pertainiqg to your pending buildin~ permit application request. However, it will be necessary for you to submit the final drawings and location map with the Building Department before your building permit will be further processed by thei~ office, with a final copy to our office for the pernmnent file. If you have any questions, please feel free to call either our office or that of the Building Department at 765-1802. Very truly yours, Enclosure cc: Building Department Linda Kowal~ki '~APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD } ACTION OF THE BOARD OF API EALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 DATE OF ACTION: July 12~ 1995 APPL. #4322. APPLICANT: WILLIAbi and VICTORIA GORDON. LOCATION OF PROPERTY: 1030 Bt~adwaters Road, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 104, BLOCK 9, LOT 1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 24, 1995. "Insufficient front yard setback as set forth in the Zoning Code ... 100-30A.3." PROVISIONS APPEALED FROM: Article III~ Section 100-30A.3. RELIEF REQUESTED: Plan issued June 20, 1995 by Falrweather/Brown Architects shows proposed reduction in the presently nonconforming front yard setbacks to less than that esL~blished for a proposed wood deck to 15 feet and proposed relocation of attached ~arage from 9.8 feet to 5+- feet at its closest point. The subject front yard area faces a paper road referred to as "North Pond Road" which extends northerly to Broadwaters Cove. MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: James Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: Denied setback for proposed garage, and granted alternative relief with a setback of not less than 7'6" at its closest point in the front yard along Broadwaters Road. Setback for deck proposed at not less than 15 feet from the Front property line ~ranted as applied. REASONS/FINDINGS: Denial necessary due to substantial increase in present nonconformity at approximately 45% closer to Broadwaters Road, a town street. Requirement is to rm~intaln existing nonconformity, or comply with bulk schedule for a 40 ft. front yard setback. House is presented situated on neighboring property of Lot #252 to the west, and shifting onto the this property is without a doubt necessary. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member~ Gerard P. Gcehringer, Chairman-Member This resolution was unanimously adopted./ '/~ lk GERARD P. GOEHRINGER~, CHAIRIqlAN DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES. A.LC.P. DIRECTOR OF PLANNING July 26, 1995 Town of Southold Zoning Board of Appeals Main Road Southold, NY 11971 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s'} Rutkoski, Henry 3.~c,c, ast Wind Development Corp. Gordon, William & Victoria Czartosieski, John & Quick, William F. Municipal File Number(s) 4318 4320 4322 4323 GGN:mb Very truly yours, Stephen M. Jones Director of Planning S/s !5[~,td,2~N~m~ Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dirdzio, Jr. Robert A. Villa Lydia A. Tortom BOARD OF APPEALS TOWN OF SOUTHOLD July 19, 1995 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. Robert I. Brown, Architect P.O. Box 521 Greenport, NY 11944-0521 Re: Appl. No. 4322 - William and Victoria Brown (Variances) Dear Mr. Brown: Please find enclosed a copy of the determination rendered by the Board of Appeals and fried today concerning your variance apprication. A copy of thin determination has also been furnished to the Southold Town Building Department pertaining to your pending building permit application request. However, it will be necessary for you to submit the final drawings and location map with the Building Department before your building permit will be further processed by their office, with a final copy to our office for the permanent file. If you have any questions, please feel free to call either our office or that of the Building Department at 765-1802. Very truly yours, Enclosuro cc: Building Department r,inda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS OW SOUTHOLD ACTIO~ o~FNT~ BOARD OF APPEAL.~ Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 DATE OF ACTION: July 12, 1995 APPL. #4322. APPLICANT: WILLIAM and VICTORIA GORDON. LOCATION OF PROPERTY: 1030 Broadwatere Road, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 104, BLOCK 9, LOT 1. BASIS OF APPEAL: Notice of Disapproval issued by the Inspector dated May 24, 1995. "Insuffini~nt front yard setback as s~ forth in the Zonin~ Code ... 100-30A.3." PROVISIONS APPEALED FROM: Article III~ Section 100-30A.3. RELIEF REQUESTED: plan issued June 20, 1995 by Falrweather/Brown Architects shows proposed reduction in the presently nonconforming front yard setbacks to less than that established for a proposed wood deck to 15 feet and proposed relocation of attached g-a~age from 9.8 feet to 5+- feet at its closest point. The subject front yard area faces a paper road referred to as "North Pond Road" which extends northerly to Broadwaters Cove. MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: James Dini~.io, Jr., Member ACTION/RESOLUTION ADOPTED: Denied setback for. proposed garage, and granted alternative relief with a setback o£ not ln~n than 7'6" at its closest point in the front yard along Broadwatere Road. Setback for deck proposed at not less than 15 feet from the front prol~erty llno granted as aol01ied. REASONS/FINDINGS: DeniAl necessary due to substantial increase in present nonconformity at approximately 45% closer to Broadwaters Road, a town street. Requirement is to malutain existing nonconformity, or comply with bulk schedule for a 40 ft. front yard setback. House is presented situated on neighboring property of Lot #252 to the west, and shifting onto the this property is without a doubt necessary. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member. Gerard P. Goehringer, Chairman-Member Thi.~ resolution was u~animously adopted./ ~ /-~-~, ~ /~ lk .GERARD P. GOEHRIN~;ER~, CHAIRI~IAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TO~WNOF SOUTHOLD ACTION OFTHE BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 DATE OF ACTION: July 12~ 1995 APPL. /~4322. APPLICANT: WILLIAM and VICTORIA GORDON. LOCATION OF PROPERTY: 1030 Broadwate~s Road~ Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 104, BLOCK 9, LOT 1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 24, 1995. "Insufficient front yard setback as set folW. h in the Zoning Code ... 100-30A.3." PROVISIONS APPEALED FROM: Article III, Section 100-30A.3. RELIEF REQUESTED: Plan issued June 20, 1995 by Fairweather/Brown Architects shows proposed reduction in the presently nonconforming front yard setbacks to less than that established for a proposed wood deck to 15 feet and proposed relocation of attached ~lr~age from 9.8 feet to 5+- feet at its closest point. The subject front yard area faces a paper road referred to as "North Pond Road" which extends northerly to Broadwaters Cove. MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: James Dini~.io, Jr., Member ACTION/RESOLUTION ADOPTED: Denied setback for proposed garage, and granted alternative relief with a setback of not less than 7'6" at its closest point in the front yard along Broadwaters Road. Setback for deck proposed at not less than 15 feet from the front property line granted as applied. REASONS/FINDINGS: Denial necessary due to substantial increase in present nonconformity at approx/mntciy 45% closer to Broadwaters Road, a town street. Requirement is to n~qintain existing nonconformity, or comply with bulk schedule for a 40 ft. front yard setback. House is presented situated on neighboring property of Lot #252 to the west, and shifting onto the this property is without a doubt necessary. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member. Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted.-' ~ lk ~GERARD P. GOEHRINGER~, CHAIRIf4AN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County A~ministrative Code, The Board of Appeals of the Town of Soutllmld, New York, hereby refers the following to t_he Suffolk Co%~ty Planning C~m,~ssion: Variance from the Zoning Code, Article III , Section 100-30A.3 __ Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section Special Permit Appeal No: 4322 Applicant: William and Victoria Gordon Location of Affected Land: 1030 Haywaters Rd., Cutc~ogue, NY County Tax Map Item No.: lO00- 104-9-1 Within 500 feet of: __ Town or Village Boundary Line 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 Comments: Applicant is requesting permission.to construct garage and deck with insufficient front yard setback Copies of Town file and related documents enclosed for your review. Dated: July 20, 1995 NOTICE OF i~BLIC HKAR~IG NOTICE IS HEREBY GIVEN, pursuam ~o Secfio~ 267 of the Town Law and the Code of the Town of Southold, thai the following public -heating will be held at a Special Meeting of thc SOUTHOLD TOWN BOARD OF APPEALS. a~ the Southold Town Hall. S3095 Muin Road. Son,old. New Ymk ]1971. on WI~DNESDAY, JULY 12, IPgS. Iow: . 7:30 p.m. 'AppL No, 4316 -- OS= CAll ami BKTH BLEVINS~ TMs is a 7:50 p.m~lpl. No. 4317 --~ EDwin ..dq~. ~LD TONYES~ 'l'nis is a n:quest f~ a Spe~d Bxcept don ~ A~c~ IX, Se~ 9lB, f~ ~on m ~v~ ~x~t- ins ~l~g in ntively ~o.fmily dwcHinJ wilt in[ house comnJns n intll ~s of Variance based upon th~ May I l. 199~ No6c~bf'lX~t~,,,~d he'~'d by available hud mu. Badi lou usc Iocat- ~ ~ ~ ~ ~c~ ~ ~ 8:~ p.m. =A~pl~No..43 Section - 100-30A.3~ E~a~io~'~f~ ~ WILLIAM fiO~ON~ Va~n~ ~M~on 'Coum~ T~ Map ~: No~t~ w~h ~.h~ m ~u~t ~nt y~ ~k ~ 35 S~t Way ~ 3~0 C~ B~h R~ S~old. ~R~. ~.. _~ ~7:40 ,p~m. AppL~No~ 4318' HENB.~'RUTKOWSKi~'Tbis is a -~ upon fl~' Notc~ Of Djsipl~0V~l issued joy the Building ~w~~in& 30A.3 ~d Section 1~-30A~4 1~33). ~ of ~ 1~75 ~n R~' M~ N.Y.; Co~ ~ ~et No, 1~115-2-1 '~ 7:45 p.m. Appl. No."4321 ~ p~ ~ C~t~ V~ (~ ~ ~ Mushy), ~is is a V~ dwellin~ wi~ n insufflcicm f~nt ~g ~ ~ bl~A~ ~quested ~s a Valance ~r New York Town ~w, Scion 28~A for minimum ~v~ ~ fi~ vehicles ov~ a ~vaM way ~ ~ A~ ~g al a point along the no~ side of ~gon R~ Cutcho~ue, ~ng w~y ~ of ~ of ~ o~ e~ idon~ficd ~ ~t 1.9. BIo~ ap~xi~ly 1035 f~ ma ~int, ~pmxi~ly 375 f~t ~ ~ a~li, ~1 ~ s~n ~ u~y ~ Ju~ I~ ~ for P~ ~ ~ui~ ~um~. M Disapproval of,the Building In. penuiasi0n to~conmuct garde and~ .~n :Kin ~'Stl~et~ l~twon~ ~ nn'~ Second St~ets, New Suffolk. identified as; 1000-11~-8-6..t~e~das~nl Ip~_val of one o~ d~ foi~._..~t~.. il)' use~ as~provided, b~ Articlu lit STATE OF NE~YORK) COUNTY OF SUFFOLK of Mattimck, in smd Coumy, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Matfltuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copy, has been regularly published in smd Newspaper once each week for ~ weeks  y, commend_lng on the c~ day of Contihuafiou of he~ng carried ove~ 'from ,]ut~e~ 7,' 1995'~ Locution of property: 580 Basin Road. SouthokJ, Section 100-31R(13). . N.Y., parndisc Point Section One. B. Variance und~ Afliclc IlL Sec Piled Map 3761 filed 4/11/63; also don 100-31B(13-~) for permission u know~:as 1000-$1~1-16.7 (formerly utilize cxisdng floor al~ for tho Ac peri of 16.4). ~, '.__~..: 'u at said SectioSn IP~C0~3IB-I for aplwoval of a hefom or du~ng tiffs he~uing. If you! o-.~..; -¥- ' ._~__ -fonnc~ finer mom info--m% p~as~ 60 no( ory .usc~._..... "1 hesitate to caB 765-1809 or visit use in this HB ~one Dist~ct. 3 ~ "" ~[O0-lTiu29 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 28, 1995 Fairweather-Brown Box 521 Greenport, NY 11944 Re: Appeal No. 4322 - William and Victoria GordOn (Variance) Gentlemen: Please find enclosed a copy of the Legal Notice as published by our office. Someone should attend the public hearing at the time specified to answer possible, questions from the audience or from the Board Members. Also enclosed is a Poster which must be placed at this time either on a stake or other post, or on the front of the dwelling facing Broadwatere Road where it can be easily seen by passersby. It is expected that Board Members will individually visit the area and view the property yard areas. Once the poster has been placed, please complete the attached Confirmation of Posting and return it to our office either by mall or hand delivery f. or our update and permanent file. Thank you. Very truly yours, Enclosures IAnda Kowalski NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held. by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECO_.RD: V'I~To~'!/~ -t- DATE OF PUBLIC HEARING: If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m BOARD OF APPEALS · TOWN OF SOUTHOLD · (516) 765-1809 BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of WILLIAM AND VICTORIA GORDON .................................... X CONFIRMATION OF POSTING I, ~'~<~-~t~ ~. , residing at being duly sworn, depose and say: That on the ~ day of Jut 1995, I personally posted the property known as ~1030 BroadwatErs Road, C~utehogl~e, NY~ by placing the Town's official poster Notice on facing Broadwate~s Rcad where it can easily be see~(, and that I have checked to be sure the poster has rorm~]ned in place for at least seven days prior to the date of the public hearing (date of hea~ng noted thereon to be held July 12, 1995.) Dated: Ju~ ~, 1995. (signature) BOARD OF APPEALS:TOWN OF SOUTHOLD ................................... X In the Matter of the Application of WILLIAM AND VICTORIA GORDON CONFIRMATION OF POSTING I, ., residing at being duly sworn, depose and say: That on the day of June, 1995, I personally posted the property known as "1030 Broadwaters Road, Cutchogue, NY" by placing the Town's official poster Notice on facing Broadwaters Read where it can easily be seen, and that I have checked to be sure the pester has remained in place for at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held July 12, 1995.) Dated: June , 1995. (signature) CERTIFIED TO, WILLIAM L. GORDON VICTORIA A. D. GORDON MERRILL LYNCH CREDIT CORP. STEtFART TITLE INSURANCE COMPANY BROADWA TERS k PECONIC (5161 7~..2 5020 LIC. NO. 49618 P.C. ZONE AREA = 23,156 sq ft. /to tie lines FIRM ZONE' A4 {el 8) SURVEY OF LOT 251 & PlO LOT 252 "AMBVDED ~P 'A ' OF NASSAU POI~, NASSAU POIVT CtUB PROPEM~ INC." A T NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 104 - 09 - Ol Scale: I'~40' May 6, 1994 TOWN OF SOUTtIOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (we)~.~L~.k.A..~CZ~.~..&: .P..~o~ ...I.13..:t-~t~:...*~T.~...~.: ................................ Name of Appellant Street and Number ......... ............................................. .......... ,EREB¥ APPEL Municipality ' State % THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON API~LICATION FOR PERMIT NO ..................................... DATED ...~k't:{...~.~,~.,I.~..~.'', ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ....... .................................. Nome of Applicant for permit of Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1o..~'... ~..,oa ' ,~ o 1. LOCATION OF THE PROPERTY ........................ ~..~..,.J~,,,..~..t.~.~.~. ...... .~..~ .... Street /Hamle[ / Use District on Zoning Mop Dlstrtc~ 1000 Sec[ionJ~ Block~ Lo.~ ~; Current' .................................. = ........ ~ .................... ~.er ~ +~i~ ~ ~op No. ;Lot N0. P~o~ 0wne~.. 2. PROVISION iS) OF THE ZONING ORDINANCE APP~LED (Indicate the AHicle Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) A~Lfcle Ilia SecU0n IO~.~ 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( I/F/ A VARIANCE to the Z~ning Ordlnonce or Zoning Mop ( ) A VARIANCE due to tack of access (State of New York Town Low Chap. 62 Cons. LOWs Art. 16 Sec, 2BOA Subsection 3 t () 4. PREVIOUS'APPEAL ,&, previous appeal /(ul~l~been mb(:le with respect to this decision Of the Building Inspector or with respect to this ~roperty. Such appeal was ( ) request for a special permit , { ) request for o variance and was made in Appea! No ................................. Doted ............................. t ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (t'~A Variance to the Zoning Ordinance ( ) is requested for the reason that J. ~,~,~ ~-~-.,2~./r&:~/ ~//~g~/,4~'~ ~/~ ~te~'J~r~,lat'~, l%rm ZBI (Continue on other side) t REASON FOR APPEAL Conlinucd I. STRICT APPLICATION OF THE ORDINANCE would produce practical dilficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shored by oil properties alike in the vicinity of this property and in this. u~e ~listrict because Immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DI~,IKICT because tN ~4c~ ~t'~ i'o {:~-~ D~tit '(o ~ . STATE OF NEW YORK ) )' SS COUNTY OF ) Signature 6,'. 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. That it is the intention of the undersigned to petition the Board nf Appeals of the Tnwn of Southnld ~ to request a.~(Special Exception) (Special Permit) (Other) [circle choice) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: IO.~ ~_~/0~:)la/_~..~ ~ ~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 l'hal h~ such Pelition, the undersigned will request Ibe following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signed are Article !1~ ~ Section dJ-~(TT~q~ !~9~)-a~,~ . [ ] Section 280-^, New York Town Law for approval of 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 Ihe Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 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 Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner P~st Office Address [Copy of sketch purposes.] or plan showing proposal to be attached for convenience PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAM~ ADDRESS o~u: 'B£ m~o.:l Scl STATE OF NEW YORK ) COUNTY OF SUFFOLK) the curren,r&ssessment roll of the Town of~Southold; (cer, tified) (registered) mail. ~'-~,4.,L~(' ,~ , being duly sworn, deposes and says that on The ~ dar of ,19 c~,~ . deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named 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 that said Notices were mailed at the United States Post Of ; that said Nolices were mailed to e,~ch of said persons by Sworn to before me this ~:~'l~- day of~_. ~r.~,-.~ ,19 ~"~ ~otary Public ~ JOYCE M. WlLKINS Notary Public, State of New Yo~ No* 4952246, Sufhdk COU~ ,. Term E.,~ires June 1~ 1~/ This side does not have to b~ completed on form transmitted to adjoining property owners.) 06/12/1995 12;34 5164770973 FBA =aSE 82 Iris. and Mrs. William Oordon 117 Han~ Road Por~ Waal~ N.Y. 110~0 Tow~ of SoUl, old 13o~d of Appoals $ou~old Tow~ H.~II Road Soulhold, N.Y. 119/1 1030 Broadwat~rs Road Cu~,ho~, N.Y. To whom ii m~' ccr~m: This letter is to c. onfvm that Mr. Robert Brown is aclin& for con--on, as our Ar~hit~t and l~nlm~w~ in ~ m~ de~nbed above. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk June 21, 1995 Zoning Appeal No. u,322 - William & Victoria Gordon Transmitted herewith is Zoning Appeal No. ll322 of WILLIAM AND VICTORIA CORDON for a variance. Also included is: Notice to Disapproval from the Building Department dated May 23, 1995; Letter of Authorization for Robert Brown; Notice to Adjacent Property Owners; ZBA Questionnaire; Short Environmental Assessment Form; pictures; plans and survey. 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMATION (To be comoleted by A0plicant or Project sponsor) 1, APPUCANT/SPONSOR J 2. PROJECT NAME 3. PROJE~ LO~ON: t CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE the action is in the Coastal Area, and you are a state agency, complete Ule Coastal Assessment Form before proceeding with this assessment OVER 1 /(Continued on reverse side) The N.y.$. Environmental Quality Review Act requires submission of this form, and an enviro'nmental review wall be made by this board before a~y action is taken. SEORT ENVInONMENTAL ASSESSMENT ~STRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered 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 projeot is no= significant. (d} Environmental Aseessme~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? __~es 2. Will there be a major change to any unique or un~ual land form on the site? Yes UNo 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 ~ wNO 5. Will project significantly effect draina~/e flow on adjacent sites? - Yes (''No 6. Will project affect any threatened or endangered plant or animal species? Yes ~No 7. Will project result in a major adverse effect on air quality? Yes 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 t~No 9. Will project adversely impact.any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes ~No i0. Will project have a m~jor effect on existing or future recreational opportunities? ~Yes 11.Will project result in major traffic problems Or cause a major effect ~o existing transportation -' ' systems? ___Yes uNO 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- tion of more than § percent over a one-year Yes ~NO period or have a major negative effect on the ~ charact~of the community or neighborhood? 15. Is there public controversy concerning the . project? Yes<------No Preparer,s Si~nature:~ QUESTIONAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ~ the owner(s) and any other individuals (and entities) having a financial interest in the su3mject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises liste~ on the real es~a~e market ~or ~ sale. or being shown to prospective buyers? { } Yes {~ No. (If Yas, pl~-~e ar~h c~y of "eond/~nns,, of sale.) C. Are there a~y ~upo~al~ tn ~Rnge ~r alter ]~nd { } Yes {~ No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkhea~ed between the wetlands area and the upland building area? ~D 4. If your property contains we~lan=s or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fenco_s which ~t and are not shown on the survey map that you s~bmitting? .~0~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~9~ If yes, please submit a copy of your building permit and 'map as approved by the Building Department. If no~e, please state. H. Do you gr any co-owner also own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. I. Please list present Use or operations conducted at this p pose~ use ~f~ ~--~lL~ .~/~A$'~ utn~rized Signauure and Date ~ ~ - 3/87, 10/901k § 9%13 WETLANDS § 97-13 TOWN -- The Town of Sourh~Id. TRUSTEEs -- The Board of Trustees of the Town of Sourhold. [Added 8-544 by L.L. -N'o. 6-1984] Wi:. ~..L..~N'DS [Amended 8-26-76 by I'. r. ~o. 2-1976; 3-26- A. flDAL WETLANDS: (1) AIl lands generally covered or intermittently cov- ered with. or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including hut not limited to banks. · hogs. sail; marsh, swamps, meadows, fla~s or other Iow lying lands subject to tidal action; (2) All hanks, bogs. meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black gr~ss, saltworts, sea lavender, t~ll ccrdgr~ss, high bush. cattails, groundsel, m~u'shmnllnw ~d ]nw 'B. (3) All lmad immediately adiacent to a tidal wetland aa defined in Subsection A(2) and lying within seven- W-five (75)feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater 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 [and immediately adjacent to a "freshwater wet- land.' as defined in Subsection B(1} and lying with- in seventy-five (75) feet landward of the most land- ward edge of a ~freshwater wetland." 9705 COVe'