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Home My WebLink About4340 APPEALS BOARD MEMBERS Gerard E 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 TOWNOF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: November 8~ 1995 APPL. #4340. APPLICANT: J. GRILLO and ORS. LOCATION OF PROPERTY: 365 Mesrobian Drive, Laurel. COUNTY TAX MAP DISTRICT 1000, SECTION 145, BLOCK 4, LOT 12.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 9/11/95. PROVISIONS APPEALED FROM: Article XXIII~ Sections 100-231. RELIEF REQUESTED: Increase in fence height from 4 ft. to 6 ft. along portions of the west side of applicant's land (along right-of-way). MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Gerard P. Goehringer ACTION/RESOLUTION ADOPTED: Denied six ft. (6') height for new fencing and granted alternative relie$~ive ft. (5') high fencing commencing at a point appreximately~l'~.5.~fl~ feet from Peeonic Bay Boulevard. Fence height from beginm~or garage existing at the entrance of the subiect right-of-way may not be higher than four feet and shall not obstruct existing windows of garage. Any other fencing which does not comply with height requirements must comply with zoning restrictions (unless a new application is flied for consideration and subsecluently acted upon by the ZBA). REASONS/FINDINGS: Location of fencing is along the back yard areas of existing neighboring dwellings, although the back yards are technically defined under the present zoning code as front yard areas limited to four ft. height without action by the ZBA. The amount of relief alternatively granted is not substantial being a variance of one foot. The variance is not unreasonable under the circumstances existing in this neighborhood. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinlzio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted~ i/ , ...~--~ /.~,/f APPEALS BOARD M]EMBERS Gerard P. Goehringer, chatrman Serge Doyen, James Dinizio, Sr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New Yorlc 1197l Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southcld, that the following applications will be held for public hearing before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southcld Town Hall, 53095 M~i,~ Road, Southold, New York 11971, on WEDNESDAY~ NOVEMBER 8, 1995~ commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4347 - DORIS KERR BROWN. This is a request, based upon the October 11, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant applied for a building permit to relocate an existing dwelling, and which applioation was disapproved on the following grounds: "Under Article (portion of) proposed relocation is less Island Sound bluff." Property Location: north side of Bergen Avenue, Mattituck, NY; XXIII, Section 100-239.4.A(1) th~n 100 feet from the Long 3400 Private Road #12 off the Parcel ID No. 1000-112-1-17. 2. 7:35 p.m. Appl. No. 4346 - REGINALD MINOR. This application is based upon the October 3, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for an accessory inground swimming'pool, and which application was Page 2 - Legal Notice Reg~lar Meeting of November 8, 1995 Southold Town Board of Appeals disapproved on the following grounds: "Under Article IliA, Section 100-30A.4 proposed construction shnl'l be instnlled in the required rear yard. Under Article XXIII, Section 100-231, fences in residential zones shall not exceed four feet in height in a front yard. Under Section 45-8 a building permit is required before a fence can be installed or replaced." Location of Property: 360 Private Road #1 (Stephenson Road) Orient, NY; County Tax Map ID No. 1000-17-1-12. 3. 7:40 p.m. Appl. No. 4340 - J. GRILLO. (Recessed from October 11, 1995). Variance for fence height location commen~ing near Peconic Bay Boulevard and ~,,,ning to the south along the'- westerly side of right-of-way known as l~esrobi~n Drive, Laurel, NY. 1000-145-4-12.1. 4. 7:50 p.m. Appl. No. 4348 - MI{. AND MRS. THEODORE PETIKAS. This is a request for a Valgnnce under Article XXIX, Section 100-239.4, based upon the October 17, 1995 Notice of Disapproval issued by the Bu~ding Inspector wheroin applic~lta are reques~ng a bu~]rllng permit for a 6 ft. wide deck entry from the easterly side of the dwelling to a proposed raised deck area within 100 feet of the low b~nk of the LorLg Island Sound. Property location: 52755 Soundview Avenue, Southeid, NY; County Tax Map Parcel No. 1000-135-1-27. 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 rimes designated above. If you wish to review Page 3 - Legal Notice Regular Meeting of November 8, 1995 Southold Town Board of Appeals the files or need to request more inform-rion, please do not hesitate to call 765-1809 or visit our office. Dated: October 23, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x FORM NO, 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtlOLD, N.Y. NOTICE OF DISAPPROVAL ~o ~.~.~~.. ,.~. ~ PLEASE TAKE NOT[CE that your ~pplicaHon OMed forpem, itto ~~~..~: ~~~~ at ~ ~ r /~ ~ '~ '~ ~ . '~-~ .... Location of Property .~.35. ,~~~ House ~o ~ County Tax Map No. I000 Sect o, /~.- Bloc ............ a .............. LOt . . ,~.~ .... Subdivision ................. Filed Map No ................. Lot No ..... 9.9.~ ....... is r~{ur~ere;~ith and disapproved on the following g~unds .~~ . ~~~ · .... ~- ~.. ~... ¢~e..~ ¢..~~~ · ....... .... ........ ~ ......... ~- ~~~ .......................... ........ ..... ~ ]-d~peckor FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT'. TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-180~ BOAgD OF IIEALTII 3 SETS OF PLANS SURVEY CIIECK SEPTIC FORtl CALL .'~. ....... t'lA !. L TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTP, UCTIONS Date ..... ././,., 19~('. a. This application must be completely filled iu by typewriter or iu ink and submitted to the Building Inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plau showing location of lot and of buildh~gs on premises, relationship to adjoining premises or public st~ee or areas, and giv~g a detailed description of layout of property must be drawn on the diagram whichis part of this app catiou. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upou approval of this application, the Building Inspector will i~sued a Buildiug Permit to the applicant. Such pern shall be kept ou the premises available for inspection throughout the work. e. No buildiug shall be occupied or used in whole or iu part for any purpose whatever uutil a Certificale of Occupam shall have been grauted by the Building Inspector. APPLICATION IS HEREBY MADE to the BulldOg Dep~tment for the issuauce of a Building Pemdt pursuant to tl Building Zone Ordinance of the Town of Southold, Suffolk County, New York, m~d other apphcable Laws, Ordbmnces Regulations, for the construction of buildhlgs, additions or alterations, or for removal or demolition, as herein desc~b~ The applicaut agrees to comply with all applicable laws, ordinances, bulldog code, housing code, and regulations, and admit authorized inspectom on pre~nises and in building for necessa~ insp~ons. ~ ~-- ' 1 ...... 5.(eo.~. ~...~/c)//~ .-~. (~.~ :~... - (Signature of~icant, or name, i~ corporation) State whether applicant is owner, lessee: ag?~t, a~chitect, engineer, general contractor, elbctrician, plumber or bg~de ........................ r'' '~;': =-' "' ':5' ~: ' ' 77 ......................................... ~,ne or own~ or ~r~,,,i,~, ......... : ...... C'..: .:-..:. C5 ...................................... (as on the tax roll or latest deed) If applicaut is a corporation, siguature of duly authorized officer. (Na~ne and title of corporate officei-) Builder's License No .......................... Pit nbers L~cense No ......................... Etectr'c'a ~ s License No ....................... Other Ttade's License No ...................... Location ofland on which l, roposed work will be done .... ../~..~.:.~.~.~.O./~/..~.J.~...../{.~.:~..? " ' ' " - ........... · . ....... '.:..,, ..... ,.. Ilouse Number ................ Street ttamlet / ~,~ ,~ Cot,nty Tax Map No. lOOOSectiou ...:.../..~....~.... Block ..... 5~.. ...... '... Lot.~ Subdivision ..................................... Filed Map No ............... Lot .............. (Name) State existing use and occupancy of premises~apd inlended use and occupancy of proposed construction: a. xst ........ ...... 3. Nature of work (clleck which ap New Building Add Repair .............. Removal .............. Demolition .... : ......... Other Wo~ ~z~. ~. .... · ": ~ ~(lJescription) ' 4. Fstimated Cost ' ' Fee ........ . .... (to be prod on fihng ~l~'a13 ony 5. If dwelling, number of dwelling units ............... Nmnber of dwelling units on each floor .... · If garage, number of cars ............. 6. If business, commercial or roi.xed occupancy, specify nature and extent of.each type of use ............... , ..... 7. Dimensions of existing structures, if any: Front ............... Rear ... .......... Depth ............... Height ............... Number of Stories ' Dimensions of shine structure, with alterations or additions: Front ................. Rear .................. ~Depth .... ' ................... Height ....... i . ~ .' ...... ;.. Number of Stories ' 8. uimensions of entire new c,onstn, ction: Front .............. : Rear ............... Depth ..... Height ... 2 ........... Number of Stories ............................................. ; .......... 9. Size oflot: Front ................... ~.. Rear ............. ; .... i... Depth ...................... 10. Date of Purchase .................... ......... Name of Former Owner ............................. I 1. Zone or use district in which premises are situated ......... ' · · 12. Does proposed construction violate any zoning law, ordinar~ce or regulation: ..... ' .......................... 13. Will 10t be regraded ....... '. ..... s ............. Will excess ~11 be removed from premises: Yes No 14. Name of Owuer of premises . .~'~..~'iZ~. ~ ~./.q .... Address ~.. ~,~..,ff3J~ 4~.~. ~-..~. Phone No Name of Arc l tect Address ~;~;j)c ~/.~t t~/' ~, ............ ;"' , · ........................... ~ .... ....... ?~. Phone N .................. il~n~b°iff°nrtoraCetr°tr'' '. ....................... Address ........... /../.~.~.~. Phone No ......... 15. p p y within 300 feet of a tidal wetland? *Yea .... -~"... No ......... ' ...... · If yea, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, Whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according ~o deed, and show street names and indicate whether interior or corner lot. ;TATE OF NEW YORK ~0 S S ...... ~..~.e.~...t~..~ ...... ~4.~ ..'~./..O..4.. being duly sworn, deposes and says tbat he is tile applicant (Name of individual signing contract) ' bore named. e the ................... .... i... (Contractor, agent, cor'porate officer, etc.) f saki owne[ or owners, and is duly authorized to perform or l~ave performed tile said work and to make and file this ~plication; that all statements contained ~n this application are true tO the best ofhi~ knowledge and belief; and that tile 'ork will be performed in tile manner set forth itl the application filed therewith. worn to before me this ...... //.,g~..i ' .dayof...~.~/g~.: ' ....,19.d~>-~- EIVED TOWN OF SOUTHOLD, NE'~/ ~ou~hold Town Clerk ~ ~.~..L ............ TO THE ZONING ~O~RO O~ APPEALS, TOWN OF SOUTHOLD, N Nome of ~ppeHo~t ............... ~Ci~....~Z~l.~p..~.~ Street and Number Municipoli~ ............................................................... HEREBY APPEL TO State THE ZONING 8OARD aP APP~LS FRO~ THE DECISION OF THE BUILDING INSPE~OR ON APPU~TION FOR PER~IT NO. .................................... DATED WHEREBY THE ~UILDING INSPECTOR OENIED TO ............. ........... I~ome of Applicant for permit of *..~..~...~.: ..................... PER~IT TO US~treet and Number ~uni~l~ ................ ~"~ ................... PER~IT FOR OCCUPANCY ( ) ~O. axl IJ~ I. LOCATION OF THE PROPERTY ......... ]....../~..~..~..~.~.~../...~..~......~..~..~...~-~._ Street /Hamlet / ' {j;'~'"~i~'i;;i~'i~";~"~.;~i~"~;~ -- District lO00 Section t~lock ~Lot/~, . ...................................... , .................... ~Cu.,,.~ ~.~ ~ Mop No. 'Lot No. Prior Owner ~ 2. PROVISION (Si OF THE ZONING ORDINANCE APP~LED (Indicate the A~icle Section, Sub- secti, on on~h of the Zoning Ordinance by number. Do not quote the Ordin 3:~PE OF APPEAL Appe~ ~ mode he~e~h ~o~ (please check appropriate box) ( ) A V&R~A~E due ~o ~ck oI :cce~ (S~m~e of ~ew ~o~k ~n Lm~ Ch~p. A~L ~6 Sec. ~80& Sub~ec;~on 3 4. PREVIOUS APPEAL A previous appeal (has) (~s~no been made with respect to this decision Of the Building Inspector or with respect to this property. Such oppeat was ( ) request for a special permit I ) request for a variance and was mad~ in Appea.I No. ............................... ;Dated ............................. , ........................................ REASON FOR ~'PPEAL ( ) A Variance to Section 2BOA 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 ,~ould produce practical difficulties or unneceso o ~cr~6 ~rcH ~o~ ~s~ ~s ~,a~o~'. ....... ~ ~w~ o~ 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because ~ FI4C-~/PXD~P/~/.~ j~A:O~dF'~'/-7~rj' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because .gF.c~r.J ~o/'~z'-f~-~ O~e /w~f~/,~/J ~£, ~ /,q/~/m~g_q A-,OD STATE OF NEW YORK } ( / I~ .~ ~ cou,~, o.~" .......... ~ ...... ~r~:~;E~'~9 ..... Sworn '0 ,his ........... :.4...~ .................. doy o' .......~~ ............. '9 *~ ....... ....................... LINDA J. COOPER Notary Public, State of New Yo~ No. 4822563, Suffolk Cou~y T~rm Expires December 5.7'~ 07 I0 ~ SCALE- 60 I ,'~r ti, MONUMENT' O: PiPE iVlAF, DATA; GO0-145 -4,- 113.!. t ~OUNTY Of SUFFOLK ( ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE Town of Southold Zoning Board of Appeals December 19, 1995 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(~) ~/Grillo, J. & Ors Minor, Reginald Petikas, Theodore GGN:pk Municinal File Number(s) 4340 4345 4348 Very truly yours, Stephen M. Jones Director of Planning S/s ~allt~&[e, mllm Chief Planner 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 Sou~hold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant ~o Article X/V of th~ Sllffolk CoLlrl~7 Atillinistrative Ccde, The Board of .Alpp?~ of t-he Town of Southold, N~ YoI~, b~.reby refers the follcw/-ng to the Suffolk County Planning C~,-issicn: XX ~Variance from the Zoning Code, Article XXIII , Section 100-2-31 Variance from Determination of Southold Town Building InspecTor Special Exception, Article , Section _ Special Permit Appeal No: 4340 Applicant: d. Grillo and Ors.., Location of Affected Land: 365 Mesrobian Drive, Laurel County Tax Map Item No.: 1000- 145-4-12.1 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 ~xisting or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Comments: 4 ft. to ~alun9 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 6 ft. al6ng portions of the west side of applicant's land riyh~-u£-w~y). Increase fence height from ~oples Dated: of Town file and related documenzs November 28, 1995 enclosed for your review. 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 MEMORANDUM TO: FROM: DATE: Building Delmrtmeut Attn: Tom Fisher W ' %- '~? · Linda Ko alskl November 27, 1995 SUBJECT: J. Grillo and Others - Fence Application Our File No. 4340 Southold Town Hall 53095 Main Road P.O. Box 1179 Souti~old, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Tiffs will confirm that the five ft. height granted by tile ZBA ill the above matter may not be located closer than 93 ft. from Peconic Bay Boulevard which is the end of the first lot. No fenciag was permitted between Peconic Bay Boulevard and the garage existing on the first lot, for visibility. The height is limited to four feet from tile garage to the beginning of the second lot, which appears to be about 93 ft. in length. The length for the proposed 5 ft. height extends from the beginning of the second lot, for 340 ft. (415 ft. les~ the 95~- ft. for the length of the first lot, pills the 15 ft. = 340).~5'--0--~ ~rc ) If the applicant disagrees with these figures, they shouhl provide a survey with the actual distances for each lot shown along the right-of-way if one is available. I hope that will help to complete your file. Thank you for bringing this to our attention. ,/,, - APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robe~ 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 MEMORANDUM TO: FROM: DATE: Building Delmrtment Attn: Tom Fisber Linda Kowalski ~,,Z~L/~. November 27, 1995 SUBJECT: J. Grillo and Otbers - Fence Application Our File No. 4340 This will confirm that the five ft. height granted by the ZBA in the nbove matter may not be located closer than 93 ft. from Peconic Bay Boulevard which is the end of the first lot. No fencing was permitted between Peconic Bay Boulevard and the garage existing on the first lot, for visibility. The height is limited to four feet from the garage to the beginning of the s6cond lot, wbicb appears to be about 93 ft. in length. Tbe length for the proposed 5 ft. height extends from the beginning of the second lot, for 340 ft. (415 ft. les~ the 95+- ft. for the length of the first lot, plus tile 15 ft. = 340).~5'--~ ~[= ~ If the applicant disagrees with these figures, they should provide a survey with the actual distances for each lot shown along the right-of-way if one is available. I hope that will help to complete your file. Thank you for bringing this to our attention. ....................................................................... i. TRAMSMISSIOM RESULT REPORT ....................TOwM(DECHALL04518'9576511:13AM)1823 .................. ................................................................................................................................................................................. (AUTO) ...................... DATE START REMOTE TERMIMAL TIME RE- MODE TOTAL PERSOMAL LABEL FILE TIME IDE~ITIFICATIOM SULTS PAGES MO. DEC 0411:12AM 120189541?4 01'34" OK S 02 011 E)ECM ))REDUCTIOM S)STAMDARD M)MEMORY C)COMFIDEMTIAL ~)BATCH D)DETAIL $)TRAMSFER F)FIME P)POLLIMG ............................................................................... TP~qHsMI~IOH RESULT REPORT ....................(DEC 04 '9S ll:21AM) .................. TC~H F~LL 51G 7G5 1S23 ...................................................................................................................................................................... (AUTO> DATE START REMOTE TERMIMAL TIME RE- MODE TOTAL PERSOMAL LABEL FILE TIME IDEHTIFICATIOH SULTS PACES HO. DEC 04 11:20AM 120189541?4 00'52" OK S 01 015 E)ECM >)REDUCTIOH S)STAMDARD M)MEMORY C)COMFIDEHTIAL ~)BATCH D)DETAIL ~)TRAMSFER F)FIME P)POLLING 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 OW F S OLD DATE OF A~TION: November 8~ 1995 APPL. #4340. APPLICANT: J. GRILLO and ORS. LOCATION OF PROPERTY: 365 Mesrobian Drive~ Laurel. COUNTY TAX MAP DISTRICT 1000, SECTION 145, BLOCK 4, LOT 12.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 9/11/95. PROVISIONS APPEALED FROM: Article XXIII, Sections 100-231. RELIEF REQUESTED: Increase in fence height from 4 ft. to 6 ft. along portions of the west side of applicant's land (along right-of-way). MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Gerard P. Goehringer ACTION/RESOLUTION ADOPTED: Denied six ft. (6') height for new fencing and granted alternative relie~f~-~iye ft. (5') high fenning commencing at a point approximatel~.~_415..39)feet from Peconic Bay Boulevard. Fence height from beginn~ ~ of garage existing at the entraflce of the subject right-of-way may not be higher th~n four feet and shall not obstruct existing windows of garage. Any other fencing which does not comply w/th height requirements must comply with zoning restrictions (unless a new application is filed for consideration and subsequently acted upon by the ZBA). REASONS/FINDINGS: Location of fencing is along the back yard areas of existing neighboring dwelllngs, although the back yards are technically defined under the present zoning code as front yard areas limited to four ft. height without action by the ZBA. The amount of relief alternatively granted is not substantial being a variance of one foot. The variance is not unreasonable under the circumstances existing in this neighborhood. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. '-'~' ,---~ /~ ,..// Ik GERARD P. GOEHRINGER, CHAIKMAN / 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 EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS OWN S OLD DATE OF ACTION: November 8, 1995 APPL. #4340. APPLICANT: J. GRILLO and ORS. LOCATION OF PROPERTY: 365 Mesrobian Drive, Laurel. COUNTY TAX MAP DISTRICT 1000, SECTION 145, BLOCK 4, LOT 12.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 9/'11/95. PROVISIONS APPEALED FROM: Article XXIII, Sections 100-231. RELIEF REQUESTED: Increase in fence height from 4 ft. to 6 ft'. along portions of the west side of applicant's land (along right-of-way). MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Gerard P. Goehringer ACTION/RESOLUTION ADOPTED: Denied six ft. (6') height for new fencing and granted alternative relief for five ft. (5') high fencing commencing at a point approximately § 5.0 feet from Peconic Bay Boulevard. Fence height from beginning of garage existing at the entrance of the subject right-of-way may not be higher than four feet and shall not obstruct existing windows of garage. Any other fencing which does not comply with height requirements must comply with zoning restrictions (unless a new application is filed for consideration and subsequently acted upon by the ZBA). REASONS/FINDINGS: Location of fencing is along the back yard areas of existing neighboring dwellings, although the hack yards are technically defined under the present zoning code as front yard areas limited to four ft. height without action by the ZBA. The amount of relief alternatively granted is not substantial being a variance of one foot. The variance is not unreasonable under the circumstances existing in this neighborhood. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. '/ ---'-b '~ lk GERARD P. GOEHRIN~ER, CItAII{MAN / 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 EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 November 17, 1995 Mr. George Johnston 8 Starling Road Randolph, NJ 07869 Re: Appl. No. 4340 - Variance for Fence Height Dear Mr. Johnston: Please find enclosed a copy of the determination rendered by the Board of Appeals at our November Regular Meeting and filed today with the Town Clerk's Office concerning your variance application. A copy of this 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 contact the Building Department (765-1802) to be sure your application request is in complete form and returned to the "active" permit shelf. Also, due to the proximity of this project within 500 feet of a waterway, State or County Road, we have transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. Once that agency has finalized its review and forwarded its comments to our office, we will transmit a copy of the same to you. If you have any questions, please feel free to call. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning 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 W F S THOLD DATE OF ACTION: November 8~ 1995 APPL. #4340. APPLICANT: J. GRILLe and ORS. LOCATION OF PROPERTY: 365 Mesrobian Driver Laurel. COUNTY TAX MAP DISTRICT 1000, SECTION 145, BLOCK 4, LOT 12.1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 9/11/95. PROVISIONS APPEALED FROM: Article XXIII, Sections 100-231. RELIEF REQUESTED: Increase in fence height from 4 ft. to 6 ft. along portions of the west side of applicant's land (along right-of-way). MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Gerard P. Goehringer ACTION/RESOLUTION ADOPTED: Denied six ft. (6') height for new fencing .and granted alternative relief_f~r.-f-i~ve ft. (5') high fencimr commencing at a point approximatel~-~]~f~eet from Peconic Bay Boulevard. Fence height from beginn,~of ~mrage existing at the entrance of the subject right-of-way may not be higher than four feet and shall not obstruct existing windows of garage. Any other fencing which does not comply with height requirements must comply with zoning restrictions (unless a new application is filed for consideration and subsequently acted upon by tho ZBA). REASONS/FINDINGS: Location of fencing is along the back yard areas of existing neighboring dwellings, although the back yards are technically defined under the present zoning code as front yard areas limited to four ft. height without action by the ZBA. The amount of relief alternatively granted is not substantial being a variance of one foot. The variance is not unreasonable under the circumstances existing in this neighborhood. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa~ Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adopted. . lk GERARD P. GOEHRINGER, CH~q~MAN I1/~6/1B95 17:83 516-595-6529 AIL QUALITYASSURANCE BOARD OF APPEAL~ 1.. s.oxxwooD DATE: NOV. 6, 1.995 PAGE SUBJECT: APPLICATION ~ 4340, J.GRILLO, VARZANCE FOR FENCE HEI~-T. D~R NI~. GO~IRZNGI~t; AS I STATED ON THE RF, CORD AT THE LAST Z~MEETING, I STAND OPPOSED TO THE CONSTRUCTZON OF A SIX-FOOT HIgH 8TOCKADE FENCE ON THEREAR EDgE OF MYPROPENT¥ (ADJOZNINGMR. GRILLO'S ACCESS). TEK ItF, AEONS FOR MY OPPOSXTZON AR~ AS FOLLOWS: 1) LIMITATION OF AZRFLOHTHRUMY DACKYARDAREA, PARTICULARLY DURING THE ST3MM~MONTHB. 3) P. EDUCTION OF SOME EARLY MOENZNG SUNLIGHT TO MY PROPERTY ~HZCHMAYA~FECT PLANT GRO~TH. 3) P. EflTRICTION OF EASY EGRESS FOR LOCAL WILDLIFE. 4) LOSS OF THEDIVEI~SNKUSTICCHARACTERPROVIDED DY THE DIFFERENT TYPES OF PROPENTY BORDERS. MY CONCERNS ARE 8HA~ED BY MY NEIGHBOR, MIqB. HOLFELDE~, WHO HAS ALSO VOICED HER OBJECTION IN A LETTER TO YOU READ AT THE LAST 9.SA MEETING. WE APPRECIATE MR. GRILLO'S (AND HXS NEIGHBOR~) DESIRE INSTALLING A N~ F~, AS THE ~ZST~G F~CEB ~ XN S~IOUS ~ED OF ~AIR OR ~C~. ~FO~, AS A CO~OMISE, WO~ ~VE NO O~E~ION ~ ~ ~S~U~ION OF A FO~-~ HI~ ~G~ ~E F~CE OR A F~-~ (P~ HIGH B~P~ F~CE (AS DES~IB~ BY ~. HO~ IN H~ ~) ~ BE INST~ AS A ~C~ ~R ~E ~ST~G F~CEB · WE HAVE DISCUSSED THIS ALTEP. NATZVE WITH MR. W. CHILDS (WHO HAS BEEN P.F/~I%ES~NTZNG M~. GP. ILLO IN THIS MATTER) AND WE SHARE A COMMON INTEREST IN IMPROVING THE APPFd%RANCE OF THE N~IGHBORHOOD BY REPLACING THE EXISTING DAMAGED FENCES, AS pRACTICABI--~ ..... 01 11/~6/1995 17:83 5i6-5~5-6529 AIL QUALITYASSURANOE PAGE 82 ~' RECG~iI(EIiD THAT HR, GR~LLO OR HIS ILB~SENTATI~EH DISCUSS ~IS 0~ OF ~NG ~ HO~ ~ZNG ON ~GED F~CE AT ~ O~ ~SE ~ G~Y X~ ~X ~P~ OF ~ 80~ O~Do~S~BZ~ D~ · B~ ~I8 ~ AC~LISH ~E PRIVY O~S OF T]~ FOR YOUR CONSXDZ~.&TZON OF OUR I)OBZTTON. Z JL~ &VAZLABLE TO DZ$CUSS ANY OTHER VZABZ,~ ALTZ:RNATZV~S UI'IZCH NAY BE PIt~-e~IqTZD. (ALSO REPRE~BeL~HRS, L.HOLFeT.nRR) TO: MR. G~. GOEHRINGER CHAIRMAN, ~UTHOLD TOWN BOARD OF APPEALS FROM: JAMES A. BUSCEMI 195 S.OAKWOOD LAUREL, NY DATE: NOV. 6, 1995 SUBJECT: APPLICATION HEIGHT. 4340, J.GRILLO, VARIANCE FOR FENCE DEAR MR. GOEHRINGER; AS I STATED ON THE RECORD AT THE LAST ZBA MEETING, I STAND OPPOSED TO THE CONSTRUCTION OF A SIX-FOOT HIGH STOCKADE FENCE ON THE RE~ EDGE OF MY PROPERTY (ADJOINING MR. GRILLO'S ACCESS). THE REASONS FOR MY OPPOSITION ARE AS FOLLOWS: 1) LIMITATION OF AIR FLOW THRU MY BACKYARD AREA, PARTICULARLY DURING THE SUMMER MONTHS. 2) REDUCTION OF SOME EARLY MORNING SUNLIGHT TO MY PROPERTY WHICH MAY AFFECT PLANT GROWTH. 3) RESTRICTION OF EASY EGRESS FOR LOCAL WILDLIFE. 4) LOSS OF THE DIVERSE RUSTIC CHARACTER PROVIDED BY THE DIFFERENT TYPES OF PROPERTY BORDERS. MY CONCERNS ARE SHARED BY MY NEIGHBOR, MRS. HOLFELDER, WHO HAS ALSO VOICED HER OBJECTION IN A LETTER TO YOU READ AT THE LAST ZBA MEETING. WE APPRECIATE MR. GRILLO'S (AND HIS NEIGHBORS) DESIRE FOR INSTALLING A NEW FENCE, AS THE EXISTING FENCES ARE IN SERIOUS NEED OF REPAIR OR REPLACEMENT. THEREFORE, AS A COMPROMISE, WE WOULD HAVE NO OBJECTION TO THE CONSTRUCTION OF A FOUR-FOOT HIGH RECTANGULAR STOCKADE FENCE OR A FIVE-FOOT (PEAK HEIGHT) HIGH SCALLOPED FENCE (AS DESCRIBED BY MRS. HOLFELDER IN HER LETTER) TO BE INSTALLED AS A REPLACEMENT FOR THE EXISTING FENCES. WE HAVE DISCUSSED THIS ALTERNATIVE WITH MR. W. CHILDS (WHO HAS BEEN REPRESENTING MR. GRILLO IN THIS MATTER) AND WE SHARE A COMMON INTEREST IN IMPROVING THE APPEARANCE OF THE NEIGHBORHOOD BY REPLACING THE EXISTING DAMAGED FENCES, AS PRACTICABLE. TO THAT END, IN THE EVENT THAT MR. GRILLO CHOOSES TO TAKE NO FURTHER ACTION IN THIS MATTER (I.E., NO REPLACEMENT FENCE IS ERECTED BY APRIL 30, 1996), I PLAN TO REMOVE THE EXISTING DAMAGED FENCE FROM MY PROPERTY LINE AND REPLACE IT WITH EITHER A SPLIT-RAIL TYPE OR SHORT (3-4 FEET) PICKET OR STOCKADE FENCE IN THE SPRING OF 1996 AT MY OWN EXPENSE. MY CONVERSATIONS WITH MRS. HOLFELDER INDICATE THAT SHE WILL LIKELY PERSUE A SIMILAR COURSE OF ACTION (ALTHOUGH I CAN NOT SPEAK FOR HER DIRECTLY ON THIS PARTICULAR SUBJECT). I RECOMMEND THAT MR. GRILLO OR HIS REPRESENTATIVES DISCUSS THIS OPTION OF HAVING EACH HOMEOWNER BORDERING ON MESROBIAN DRIVE REPLACE, REPAIR OR REMOVE THEIR INDIVIDUAL SECTION OF DAMAGED FENCE AT THEIR OWN EXPENSE TO GENERALLY IMPROVE THE APPEARANCE OF THE SOUTH OAKWOOD-MESROBIAN DRIVE INTERFACE. MR.GRILLO AND NEIGHBORS ON MESROBIAN AND PRESERVE THE DIVERSE AND RUSTIC CHARACTER OF THE AREA. THANKS FOR YOUR CONSIDERATION OF OUR POSITION. I AM AVAILABLE TO DISCUSS ANY OTHER VIABLE ALTERNATIVES WHICH MAY BE PRESENTED. SINCERELY, ~~ JAMES A. BUSCE/~I ~F'-~.~-'- (ALSO REPRESENTIN~MRS. L.HOLFELDER} (516) 298-4084 0R~(516) 584-7951 NOV 03 '95 06:58 November 3. 1995 TO: Linda Kowaiski ~nd Hontb~rs o~ the Soothold Town ~onrd of Appea~s CC: ~esrobian Drive Residents: Grille, owner; ChiLds; E~chmann; Harrigan; Saeks/Sehleslnger~ Sooth FROH: G. Johnston, Agcnt~] $~BJ: Fence lietgh~-J. Grille (Varla,~ce) #&~O Since our Hesrobietl Dr~ve have ~u~C~aCed several d~sc~;ion~ with nor ne~ghbor, on Soech Oakwood Privu in ;~ ,:n.c,.rr,.d of rotc rn reach a ~e would l~ke ~o restate our purpose for reque.~Llnl; variance: To upgrade the app0arance of the (..Lire ncl~0, borhood hy replacing a diL~pidntcd fence ~i~h an ~ractlve, qua~i~y cedar Eence which v~ll create a sense of order nut of an unst. ghcly mutual border ~htle unhaoctnll ovoryono'~ privacy and To thi. s en¢l~ all seven Hesrobiah Dri. w~ property own¢:rs h,qvt~ come together and cootributed $500 each (n total of $3500) ,~ their commitment to Improve the area and complt't,' th~.~ prej,.ct -- n much-needed 400 it. long nniform fence along our common -ntrance and right-of-way. ~t is o,r understanding that th~. .~;outhold 'l'oun ordinances allow 0 fi. fences In back yard cnvironn~nt~. Under circumstances (b;tckyard t,> backyartt) out' }1o. Oakwood with ~heJr de facto bac:l: yards, weald haw~ no bat~is for obJecCLng, lC tS on.ly duo to the [)cculiar cnoflll,rattn~ au oar side of the fence which creates a ioophoJ, v and ch.s ~IK[I the spirf, t of the SouLhold Town Ordf. nance. ~]iLh the exeep£Jon of two Ne. Oalewnod I)r. proport, y owners who abuct the proposed 6 ft. fr, ncc, ce ,I;iL,i Chore have been no oLher objections to Oll[ projecL: Some salient comm(~ots have been a.~ follows: Hr. DtCnnd[:J, wh~) OWflS CwO O~ tho SO* oakwood proet'Cl('~ told lit. Childs chat I1~ b:ld no problem with the proposal and suggested that he nLghL 1/ko Lo put his own fence back co hack w/ch otlru. (PLease kc~ep ~llil; lnaL pein: in mind in the light of later comments). In Mrs. Holfelder's letter tO you Of Octobc.'r 5, she said "bet family would agrne" co our i~ropos;t,I i',rovlded we r¢~tqove h~'~l' old fence and face the good side toward htr, Iu addEr/on, aht: auggesced a scallopped design l~lscc, ad ol: n straight stockade. Holfelder and a/Irc, ed (th.s incurring additlo,~ai oxpena¢') to all her points save the Issue et' the good si(lo of the f.nce whJch we will discuas lac¢:r. In a more ).ellgthy meeting tlr. and Hrs. Buscemi advoca£t~d n ~Ive Buscemi and Hr. childs that Hr. Bnscemi would likp scal]op:4 agt. er all. Frankly. th~ jnh nf ne. tottering i.'~ rmde dlFf£eul, t hy shl.l'L.[nF, Mhlch hes ov~r thc yl~al'~ puc ~lp ~ ch rh~ vnriou~ an,[ ~undry conditions of ~,~ven backynrds hacking up tn ~hr~ npproach Lo our Finishad Side. Ti) eon.qtruct iHDtl r~tpair any dense foliage, garages tight to the property line, an already existent 6 ft. stockade fence aht~tl, lnF, tht~ Hesrobtan fence, ably side) of the fence fne,~a lh~sr,)hian lleight. We cannot create any ktild of unl£orm look ii nnr isn't at lea~t aa tall. aa the tallest ~once on So. Oakwood [Drive. Currently (see picture) there is a fence as call aa the propose hacking up to our prell, ct. Al. so, unlcs~ tho tnwn co restrict homeowner~ on khe S~r. O:lkwootl Hide LO the Hillqt~ height requirements ~ we COuld bo ~;IC~'d Wi th ~ hodg(tpod~:/' fence heights and styles cluing above our t'cnce. There wa~ :~ome height on the Sa. Oakwood side ;~r.Jntng again and again. We truly hope that members of tide. Board wLLL recognize thc complexltites nf noir .~itn,st[OI1 a11(I char chi. po~sil>ll, tLy el' ;i look at the project from nn "overa][ Look" point of ulr~.t while property-by-property hasis. In conclusion, w,, feel that tide 6 foot fene. o lc; tit*., oa/y w,~y to deal with the hodgepodge of backynrd conditions cnrre,cl.y abutting our proposed project. As of thiu ~rittng, t~*elw, nf the fourteen households borderin~; th,~ prell:ct have Oil:tOssed nn the tl~lrteeTtth, firs. IIo[foldl~r~Ctlccordill}~ [0 hot [OCtCI'), Ch~l[ loaves Hr. guaeE~mi-- the only party not recnqcl ]nd whose objections become more restrictive aa time passes. Hany thanks ~or your CiDao an([ consldoral ten. :~ov: mbtr 3, 1995 replacin(~ a dil(~pidatccl fence with an attractiw~, qttality cedar and co~ttrlbuteJ $500 each (a total of $35{!0) ,ns thoJr right-of-'.,ay. ~:o problem witi~ the proposal and sugg(,sted t;~at !:o ~ie',ht like l~ut his own fence back to oac. k ;~ith ours. (Pl~asc~ keep this last point in mind in thc' Ii,Iht oi 1,'~tcr conru~.ts) . iol folder and al.,,r,!od (thus i~lcurriu?, additional expense) to all discuss later. and ~qr. Chi Ids that Nv. q~sce,ti would I tko, scallops after ,l~sc foliage, sarai,,es ti '~! t to the prop,,rty li~'~{ , an already ~ ~.' Zence must necessarily be bul] t so that th~ nail~ nS (or ~{oo! isn't at least as ta]l as tb~ t~l lest [{,nce on So. Oak~,zood [>rive. a~ ~,ip,,lity on tbls last po~it at ~he last r~ct~,t:~ a~d witt~ the b'~ truly ho;:~, that menbcrs of the 2oard hill r,_~c~Infze the look at the project fro.~ a~, "or,: ra~ [ look" point of vien whfl~ property-by-property basfs. fourteen househo]ds borderl,ng t;,,-, project have expresse,! no t ~: t}lirtcenth, i!rs. lio[feldcr,(accordin~; !o I~er lr, tt{ r), that OCEAN-TARIFF SYSTEMS INCORPORATED Millbrook Plaza P.O. Box 545 Mt Freedom, N.J. 07970 Tel: 201-895-2142 ()TS FAX NO. 201-895 4174 TO: FROM: ])ATE: SUBJECT: OG]' - 5 I]rillo, own~,r C h i l d s Se,,th ~'~T: (;. ,]ohr~$;ton, agorot l)ate: October 3, 1995 of Appeals ;'arther to my me.u) o!~ 9/27/95, wu would thc 'Line of Sight' request. As u~ntioned a~(J as you can see from thc photos, etc., the line c~f si~,,ht is now impeded by a JlOtlSe alit[ flarage (i)oroski) and it is our intention only to install the 4' fence l)arall~l to the e~d of the buJ [ding and droppiT~l~ thc hoight t~ 3C" ~or the rcmain,Jcr of the length out to Peconic i~ay Blvd. i f the garage or rcs5 dence is ever ta~;orl c~ow~l s[ght becomes possible wi till n the 30 ' to the Blvd., we wi l L sp!'cifies · the existing 4' 1)icket (in disrepair) ~/ill shou above our will approach Nr. IJoroski to request that we remove his fence Very truly yoLlr~s, TO: L. Kowalski and ['lembers of Snuthold Town Board I;C: Grille, owner Harrigan Childs S;~cks/Schlesinger Eschnann Seeth , ~ FM: ¢;. Johnstor~, ac~cnt Date: September 27, t¢¢5 ~ Enclosed kindly find photo)graphs taken of the of Appeals backyard As yon can note, these are definite]y bnck yards (replete with 4 F, aragcs) where we have requested a 6' fence with the one c,'~ception of the Doroski residence and garage at the head of the rnad where we have requested a 4' fence. It is our understanding that the ordinance provides for !~' fencing in back yard settin,%s IL should also be noted that while these' properties back up onto ~iesrobian lJr., these So. Oakwood residents have ,o right-of-way ~Iesrobian Drive residents are ali in favor of this 6' fence and arc, in fact, jointly fundiug tho el fnrt. The second pnint of the variance deals with line of sight onto Feconic Bay Slw~. As you can ge~ from the photn of the I)oroski ~lara~{e alongside Hesrobian Drive, thc line of si ~ht is already :iuost totally impeded. It is our intent to construct thc 4' fence only to the end o~Y the ~arnge where slight distance is already blocked. Uc can certainly then drop the f,~ncc to 30 inches where lin]ited si~ht distance is possible for several feet. In other uords, the 4' fence would parallel th~: Doroski garage only, and end with J[ dropping tn 30" several feet before the approacbir g Nr. DoroskJ and suggesting that we elii:Linate his 4' white picket ( which ~s Jn disrepair) and substituting the 30" onto Pecon~ e ;-',ay BI vd. /Iopefu]ly, the phnt(~s and yottr own on-site inspection will NOTICK PUBLIC ilg,OtlNG~ i NOTICE IS HBREBy GIVEN, per- sunni to Section 267 of the Town Law and the Code of the Town of Soothold, that thc following nl~plications will be held fo~' public hearing before the SOUTHOLD TOWN BOARD OF APPEALS, et the Southold Town Hall, 53095 Main Road, Soothold, New York 11971, on WEDNESDAY, NO'v'E~4BER 8, I~S, commencing at the times specified below: 1. 7:32 p.m. AppL No. 4347 -- DORIS K~RR BROWN. This is · tequest, based upon the October U, 1995 Notice of Disapproval issued by the Building Inspector, in which ap- plicant applied for n building permit to relocate an existing dwelling, and which application was disapproved on the following grounds: +'Under A~icle XXIII, Section 100-239.4.A(1) (per- tion of) proposed relocation is les~ than 100 feet from the Long Island Sound bluff? IN'oper ty Location: 34~0 Private Road #12 off th~ no~h side of Bergan Aventu~, MattituclG N.Y4 Parcel ID No. I~00-112-I-17. 2. 7:35 p.m..App[ No. 4346 ~ Notice of Disapproval issued by ~ ~uilding Inspector, whe~in applicenl is requestinS a building ~[1~i ~ar tq accessory .inground sw mm~gl~Ol~- - · ~ ~bi~l) appli¢gtion was thsap roved posed cons n~ctian sba he installed in th~ required ~ar ),m'd. Under A~icle XXIII, S~tion 100-231, fences in resi~ dential zones'sbull not exceed four feel in heighl in a front yard. Under Section 45-8 n building permit is required before a fence can be inslalled or placed. Location of Property: I~ivate Roadittl~:(Stel~anion Road) 1000-17-1-12. ~. ?:~o ..... A.iti. No. 4~o -- ~. 1995). varth.ce for fence hei~l~ along the westerly ~ide of right-of. Wn~ known as Mestobian Drive I.~urol This is a request for a variance undei- Article .KXIX. Section 100-239.4. based upen the October 17 1995 Notice of Di~ppmval issued by the Building Inspectef wherein apl) cants.~ are re9uesfing n building permit for a 6 ft. wide deck eotty from the easterly side of Ih= dwelling to n propesed raised deck mza within i00 feel of the n°peny ~ I~oi~; ) 527~i3 ~ ~ouedview ~ ,,,ap v~.-~] N0j 1000-135-1,27 / ~The Board of Appeals w a said ~ me and P ace hear any and all persons ~r representatives desiring to be heard in th~ above matter~. Written cpm- .~ ~-u~'~°ne~fist°n;of~th~ ~bjoot hearing ~ Each'hearing Will:no~ start before the times designated ~d~ove. Ifyo~ wish to review the files or need l0 request more information, please do not hesitate to call 765-1809 or visit our office. Dated: October 23, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OFAPPEALS GERARD p. GOEHRINOER STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK ) ~/~/~/[.! ~3~ fL~ ~ ~ (_~ of M&ttltuck, in said Count, being duly sworn, days that he/she is Princlpai Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at MaRItuck, 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 publi .s~ed In said Newspaper once each week for ~ weeks su.c~cessively, commePclng on the ~-~ (..~-~ day of CHRISTINA VOUNSKI O~.~L~ ' L.~ (~ ~ NotsP/Publi~, Stats of New York - uOmmlsslon E~lre~ Noveml~er 23. t 9/'%/-~ Notary Public Sworn tp.'bcfore me this~ day ~5'7, '79 NOTICE OF PUBLXC HEARINGS NOTICE IS HEREBY GIVEN. pur- suant lo Section 267 of the 'Ibwn Law and the Code of the Town of Southold. that the following public bea~ngs will be held at a Regular Meedng of the SOUTHOLD TOWN BOARD OF APPEALS. at the Scuthold Town Hall. 53095 Main Road. Soarhdid. New; York 1197L on WEDNESDAY, OCTOBER 11, 1995 ~ommenuing'at the times specified below: I. 7:32 p.m, Appl. No. 4336 -- PEGGY UELLER (Owner of Property.- NANCY DOUGLASS) requesfng a Variance under Ardcle ill Section 100-32. based upon the August 16, 1995 Notice of Disapproval from vedience sales. Location Of Pmg~ty: ~ School Dislfic0; County Parcel No. '. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK ) ~of Matfltuck, in said County, beil~ duly sworn, says that he/she la Principal Clerk of THE SUFFOLK TIME~, a Weekly Newspaper, published at Mattltuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed lB a printed copy, has been regularly published in said Newspaper once each week fo__~ weeks s~c~se~i..~..ly, comm~,~cl~ins on the. day of CHRISTINA VOUNSKI ~ io~ary Public, State of Ne~ York No. 5004884 ,,-x . Prindpul Clerk ~uelified in Suffolk Coumv (_ ~[~ Notary Public (continued from pre~)ious page) - · Road, Orient; County Tax Map Parcel No. I 0~0-26-2-39. I; also known as Lot 3 on the Map of Willow Terrace Farms, Inc., Suffolk County File No. 9572. Zone: R-80 Residenlial. 2. 7:35 p.m. AppL No. 4338 -- WILLIAM J. WAGNER requesting a Variance under Article Ill, Sccfion 32, based upon the June 16, 1995 Notice of Disapproval from the' Building Inspector for placement of a freaslanding sign, as built, similar to former preexisting sign in this R-lO Zone District. Location of Properly: 7130 Main Road. East Marion; County Tax Map Panel No. 1000-31-6-6. 3. 7:40 p.m. AppL No. 4339 -- GINA MAXWELL requesting a Valance under Article IliA, Section the Building Inspocioc for construction I CHAIRMAN of a one-family dwelling with iasuffi- [ clear front and rear yard setbacks. ['~gI*~'9~ LegalS;'· ·Map =ei No. house buildipg~, Orient: County Tax .... 4.-7:42 p.m. AppL No. 4342 GEORGE sad CAROL KRAEEEL requesting a Va~iauce under Article HIA. Section 100-30A.3 foF pennis- sion to locate new ~dw~lling with reduced setback frd'm the westerly property line which encompasses a vate righ~-of-way easement. Property Iocmion: 7285 Peconic Bay Boulevard, Laurel, NY; County ~ Map Parcel No. 1000-126.10-1.5~ R-40 Zone Dis~ct. 5. 7:45 p.m. Appl. No. 4340 JOS~Pll and SUSAN GRILLe re- questing a Variance under Article XXIH, Section t00-231 for permission to extend height of a pordon of p~- PO~:~d fence from 4 fi to 6 ft, along the easterly edgu of the applicant's land used as a privath right-of-way, and the southerly end near the enlrance onto Right.of-Way)C/ Laurel; County Tax Map Parcei~o, 1000.-145-4-12.}.. r ' G. 7:S,0/p.m. AppL No. 4341, -- JERAI~OrggCORP. (adCa ~0~L- dwelling, wi~ch is ps,posed a teduc- fiou ia. the side yant ami bulkhead sar- backs~ Location of Propo~y: 4522 Great Pepo~c Bay Boulevard. Laurel; County T~x. Msia Pan:el No. 1000-128- 8. 8:05 p.m. Appl. NO. 4344 -- . BERNARD FISHER ~quezfing a varianc~ under A~cle IlL Section 100- 32, baaed upon ~e September 18, 1995 Notiee of Disaptnoval issued by the Building Inspoclor, for penthssiou to loca~ proposed dwelling with mcluced side yards on this 2.96-a: ac~e parcel, which pan:el contains a nonconform- ing lar width of 61.78 along New Suffolk Avenue. and slightly wider at the building setback line. Property idun6ficarion: 520 New Suffolk Avenue, Malfituck; County Parcel No. I000-114-12-~. Zone: R-80 (abutting R-40 and HB Zones along New Suffolk Avenue). 100-30A.4, for permission tq locate Pecunic Bay Boulevard for a height of HENRY and 'LINDA STEFFENS 9. 8:10 p.m. AppL No. 4344 -- ?. ¢o.ro m ,o q ti.g a ender A.icle mc. (suuu mgm) re- built and re-locaed from the former aec~on,,.uo~z~~B.w.h.,chslalesthatthe IliA, Section 100-30A.3 and Anieie questng a Variance for relief of froaryard location, and Article Ill ,reqm~ ne~gnt snm~ not exceed 2.5 XXIII, Section 100-239.4B based upon Conditions No 3 and 4 of .... reet ahev ....... 96 sq. ft. lot coverage, property Ioca fl~n ~,~so~_ I~. ma~g!e hewng 30 Disapproval ~ssued by the Building 1992 under AppL No. 4074 which tion:~ 170 Orchard St tfo~ n-. n. s~.~es, amng each comer to pre-~'rve Inspector, for pem~ionpn ~'~n. stm~ Cond ~ 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 September 28, 1995 blu. and bits. George Johnston ~ Starling Road Randolph, NJ 07869 Re: Appl. No. 4340 - Height Variations for Proposed Fence Dear Mr. Johnston: Please find enclosed a copy of the Legal Notice placed for publication this week by our office. Please be sure that there is someone in attendance to speak in behalf of the applhmtion at the time scheduled. Also, please find enclosed a "Notice of llearing" which should be placed at thi.q time either on a stake or other post facing the street where it can be easily seen by passersby. Over the next several days, it is expected that Board Members will individually visit the area and view the property lines which should be marked or flagged. Once the poster has been placed, please comptete the attached Confirmation of Posting and return it to our office .either by mail or band delivery for our update and permanent file. Please be sure to check the Notice to be sure it has not been removed by winds or other reasons. If it has been removed, let us know and we will furnish you with another notice. Just as a reminder, attached is a copy of the standards necessary for "area variances" which should be addressed during the hearing for the record. If you have questions, please feel free to call. Very truly yours, Enclosures Linda Kowalsk. i hem al a Regular Meeting of ~e 11971, on W~}NF_~I}Ay, OCTOBR 7:45 p.m~ AppL No. 4340 -- JOS~ql and SUSAN Gert.lO -- ~ 100-231 f~' pem~i#~ m ex~d f~mn 4 fcte 6 fl. nlon~ Ihe w~ edge of the al~licam's land used as a pdva~ for a height of four fee~ which will nm conR~m Io Section 100-232B n~ui~ng & IL-niXed height ~ no~ mom Ihen 2.5 feet above the a~-a~ s~et level wilfiin an Bay Boulevard known ns 365 Mewobian Dr. (Private Righl-of-Way), Laurel; Coumy Tax Map Parcel No. i000-1454- 12.L BOARD OF API¥~LS TOWN OF SOUTHOLD 516-765-1809 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) in said CounT, being duly sworn, says that he/die Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, 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 said Newspaper once each week for~.~ weeks s~esj~el_.y.,, ~comme~l~ci~ng on the ~ day of CHRISTINA VOUNSKI ~ Notary Public, State of New Yod~ No. 5004884 /-~/ Principal Clerk Oualified in Suffolk Coumy ~,~ Commission Ex ' Noveml~f ~ "1~.,.~~,-.~ ,~ Notary Public !9% Sworn to.before me this day o! ~'~ OCT 18 BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of JOSEPH GRII,LO and others CONFIRMATION OF POSTING I, /, t,t~ ~7 ~, ~.~ 5 residing at ~/v'~/ bein~ duly sworn, depose and say: That on the f- day of (~7~ ~C~1995, I personally posted the property know~ as "Mes~obimn Drive, Laurel, N~" by p~aein~ the Town's official poster Not~ce on the front portion uf the property facing the town street wher~ it can easily be seen, and that I have checked to be sure the poster h.m remmlned in place for at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held October 11, 1995.) Dated: October , 1995. (signature) APPEALS BOARD BERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tonora 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 October 23, 1995 Mr. W. Childs Box 56 Laurel, NY 11948 Re: Appl. No. 4340 - Fence Heights - J. Grillo (Variances) Dear Mr. Childs: Please find enclosed a copy of the notice advertising the second public hearing for the variance application. The public hearing has been recalendared for 7:40 p.m. on November 8, 1995'in the Town Hall (large assembly room), and someone is required to appear in behalf of the applicants. A new Poster is enclosed for your display at the premises showing the new date. If you have any questions, please do not hesitate to call our office. Verdi' truly yours, l.inda Kowalski Enclosure 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 October 3, 1995 Mr. W. Childs Box 56 Laurel, NY 11948 Re: Appl. No. 4340 - Fence Heights - J. Grillo (Variances) Dear Mr. Childs: Please find enclosed a copy of our corrected Notice which shows the proper direction (north and west instead of sou[ii a~d east) for the fence location. Also enclosed is a poster which, if not already done so, must be placed on an existing fence or the genelntl location of the proposed fence. The public hearing will be held at 7:45 p.m. on October 11, 1995 irt the Town Hall (large assembly room), and someone is required to appear in behalf of the applicants. If you have any questions, please do not hesitate to call our office. Very truly yours, Enclosure cc: Mr. George Johnston Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Terrors BOARD OF APPEALS TOWN OF SOUTHOLD CORRECTION Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 Telephone (516) 765-1809 NOTICE IS H~RRBY GIVEN, ~ursuant 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 Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold To~n Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, OCTOBER 11, 1995 in addition to others previously advertised: 7:45 p.m. Appl. No. 4340 -JOSEPH AND SUSAN GRILLe - Variance requested under Article XXIII, Section 100-231 for permission to extend height of a portion of proposed fence from 4 ft. to 6 ft. along the westerly edge of the applicant's land used as a private right-of-way, and the northerly end near the entrance onto Peconlc Bay Boulevard for a height of four feet, which will not conform to Section 100--232B requiring a limited height of not more than 2.5 feet above the average street level within an isosceles triangle having 30 ft. sides along each corner to preserve sight lines for traffic. Property Lo~ation: S/s Mesrobian Dr. (Private Right-of-Way), 1000-145-4-12.1. Peconic Bay Boulevard known as 365 Laurel; County Tax Hap Parcel No. Dated: October 2, 1995. BOARD OF APPEALS TO~N OF SOUTHOLD 516-765-1809 x x 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 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held at a Regular Meeting of the SOUTIlOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY: OCTOBER 11~ 1995 commenning at the tilnes specified below: 1. 7:32 p.m. Appl. No. 4336 NANCY DOUGLASS) requesting a 100-32, based upon the August 16, 1995 Building ln-~pector for construction of insufficient front and rear yard setbacks. PEGGY HELLER (Owner of Property: Variance under Article III, Section Notice of Disapproval from the a one-family dwelling with Property location: 1145 Majors Pond Road, Orient; Cottnty Tax Map Parcel No. 1000-26-2-39.1; also known as Lot 3 on the Map of Willow Terrace Farms, Inc., Suffolk County File No. 9572. Zone: R-80 Residential. 2. 7:35 p.m. Appl. No. 4338 WILLIAM J. WAGNER requesting a Variance under Article XXI, Section 100-205.1, 'based upon the June 16, 1995 Notice of Disapproval from the Building Inspector. ['or placement of of a freestanding sign, as built, similmr to former preexisting sign in this Page 2 of 5 - Legal Notice Regular Meet/n~ of October 11, 1995 Southold Town Board of Appeals R-40 Zone District. This sign is established at the pr~mi.~es for sales of owner's residency. Location of Property: County Tax Map Parcel No. 1000-31-6-6. accessory to a nonconforming use antiques in conjunction with 7130 M~in Road, Fa.~t Marion; 3. 7:40 p.m. Appl. No. 4339 - GINA MAXWELL m~questing a Variance under Art/ale IIIA, Section 100-30A.4, for permission to locate accessory storage shed in the required rear yard and partly /st the side yard, as built and re-located from the former frentyard location, and Article III, Section 100-31B(3B) for an increase of 96 sq. ft. lot coverage. Property location: 170 Orcha~'d St. (former fire house building), Orie.~t; County Tax Map Parcel No. 1000-25-3-3.1. 4. 7:42 p.m. Appl. No. 4342 - GEORGE and CAROL KRAEBEL requesting a Variance under Article IIIA, Sect/on 100-30A.3 for perm/ssion to locate new dwellin~ with reduced setback from the westerly property line which encompasses a private right-of-way easement. Property location: 7285 Pecoulc Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-10-1.5. R-40 Zone District. 5. 7:45 p.m. Appl. No. 4340 JOSEPH AND SUSAN GRILLO requesting a Variance under Article XXIII, Sect/on 100-231 for permi.~sion to extend height of a port/on of proposed fence from ,1 ft. to 6 ft. along the ~erly edge of the applicant's land used as a private right-of-way, and the ~heriy end near the entrance onto Pecon/c Bay Boulevard for a Page 3 of 5 - Legal ~ice Regular Meeting of October 11, 1995 Southold Town Board of Appeals height of four feet, which will not conform to Section 100-232B which states that the required height shall not exceed 2.5 feet above the average street level within an isosceles triangle having 30 t't. sides along each corner to preserve sight lines for traffic. Property Location: ~[s Peconic Bay Boulevard known as 365 Mesrebian Dr. (Private Right-of-Way), Laurel; County Tax Map Parcel No. 1000-i45-4-12.1. 6. 7:50 p.m. Appl. No. 4341 JERAD MOTEL COI{P. (a/k/a SUNSET MOTEL) requesting a Variance under Article XXIV, Se~:tion 100-243A & B, based upon the September 7, 1995 Notice of Disappv,val issued by the Building Inspector, for permission to reestablish precxi~.ting nonconforming efficiency apartments use in the existing footprint ,~F this preexisting nonconforming building, portions of which were recently damaged by fire. The property contains a nonconforming lot size of less than Five acres and is located in the RR Resort-Residential Zone. Preperty location: 62005 C.R. 48, Greenport, NY; County Tax Map Parcel No..1000-40-1-1. 7. 8:00 p.m. Appl. No. 4343 - HENRY and LINDA STEFFENS requesting a Variance under Article IIIA, Section 100-30A.3 and Artiele XXIII, Section 100-239.4B based upon the September i4, 1995 Notice of Disapproval issued by the Building Inspector, for permission to construct alteration and addition to existing dwelling, which is t.,coposed a reduction in the side yard and bulkhead setbacks. Location of Property: 4522 Great Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-4-J~9. page 4 of 5 - Legal N-6tice Regular Meeting of October 11, 1995 Southold Town Board of Appeals 8. 8:05 p.m. Appl. No. 4344 - BERNARD FISHER r~;questing a variance under Article III, Section 100-32, based upon the September 18, 1995 Notice of Disapproval issued by the Bui]dlng Inspector, for permission to locate proposed dwelling with reduced side yards on this 2.96+- acre parcel, Avenue, and identification: 1000-114-12-4. Suffolk Avenue). 520 New Suffolk Avenue, Mattituck; Zone: R-80 (abut~/ng R-40 and cont~in~ a nonconforn, lng lot width of 61.78 along New Suffolk slightly wider at the building setback Line. Pl'operty County Parcel No. HB Zones along New 9. 8:10 p.m. Appl. No. 4344 - AMAC, INC. (SUKRU ILGIN) request~nC a Variance for relief of Conditions No. 3 and 4 of ZBA Determination rendered March 25, 1992 under Appl. No. 4074 which Conditions read as follow: o There shall be only one entr~llce for the convenience store area, that being located only at the east side of the existing building; and There shall be no entrance way between the gasoline sales area of the building to the convenience store Property is established ms a gasoline service sta[ion with convenience sales. Location of Property: 7400 Main Road, (Laurel School District); County Parcel No. 1000-122-7-1. B-General Business. accesso~r Mattituck Zone: ..Page 5 of 5 - Legal ~tice Reg,,l~r Meeting of October 11, 1995 Southold Tow~n Board of Appeals not hesitate to call 765-1809 or visit our office. Dated: September 25, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF Al'PEALS GERARD P. GOEHRINGER CHAIRMAN By l',inda Kowalski X BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of JOSEPH GRILLO and others CONFIRMATION OF POSTING I, , residing at being duly sworn, depose and say: That on the day of , 1995, I personally posted the property known as 'Mesrobian Drive, Laurel, NY" by placing the Town's official poster Notice on the front portion o~ the property facing the town street where it can easily be seen, and that I have checked to be sure the poster h~ re~ined in place for at least seven days prior to the date, of the public hearing (date of hearing noted thereon to be held October 11, 1995.) Dated: October , 1995. (signature) APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dimzio, 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 SE~P~ UNLISI~ED ACTION DECI~TION October 11, 1995 Appeal No. 43~0 Project Name: d. Grill0 County TM Map No. 1000- 145-4-12.1 Location of Project: 365 Mesr0bian Dr.(Private Ri§ht-0f-Way), Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Extend height of portion of proposed fence from 4 ft. to 6 ft. and a hei§ht of 4 ft. near entrance ooto P~conic Bay_Bl~d. This Not!ce ls issued pursuan~ ~o Part 617 of the implementing regulations pertaining to Article 8 of the N.¥.S. Enviroranental ~ality Review Act of t_he Enviroement~ Conservation Law and Local Law 844-4 of the Town of Southold. Am Environmental A~sessment (Short) Form has been submitted with the subject application indicating that no significa~t adverse environmental effects are ]Jke]y to occuc sh0u]d the project be la, lamented as planned, and: { } this Boated wishes to assu~ne Lead Agency status and urges coordinated written co~ents by ~ou]r agency to be submitted with the ne~ 20 days. (XX} this B~ard has taken jurisdiction as Lead Agency, has deemed this Board of A~peals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Enviroranental B~sessment has been sub~itted and evaluated, and/or b. D~n inspection of the property has been ~de, or c. $h~fficient infol~nation has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new constz~/ction or on-site in~.rovements. { } this Board refers lead agency status to ~our agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site p~an reviews. The area of jurisdiction by the Board of Appeals is not directly related to site ia~rovements or new buildingsJ (However, if you do not wish to assame lead agency status within 15 days of this letter, we will assurae you have waived same, and we will be required to proceed as Lead Agency.) ~or further information, please contact the Office of the Board of Appeals, Town Hal!, Main Road, Southold, ~ 11971 at (516) 765-1809. J~-DITH 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: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK DATED: SEPTEMBER 12, 1995 Transmitted is an application for J. Grillo, together with Southold Town Building Department Notice of Disapproval, Application for Building Permit, Map of property showing proposed project, Notice to Adjacent Property Owner, and Short Environmental Assessment Form, and questionnaire for fillng with ZBA application. Judith T. Terry Southold Town Clerk TOWN OF SOUTI{OLD, NEW' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ..~.'.~.~..~.:..~ ............ TO THE ZONING BOARD OF APPEALS, TOWH OF SOUTHOLD, ~. y. J~ ~' ~4~U)A/~ ~lC~O~ ~ L (~ ........ ~.:....~.~ ................................ o~ ........... I.~J~J....~Zt.~...~.~J~L Nome of Appellant Street and Number ......................................................................................................................... HEREBY APPEAL TO Municipality Slate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ............................. (2. ......... .~_z c//v '/ /l~ Nome of Applicant for permit o, ..~.c~.~.~..4 ~...~.: .......... i .......... La~- - ~ ~ Street and Number Mu~i'J~l~ .................... ~;"~ ................... ( ) ~ER~, TO US~ ( ) ~ER~T FO~ OCCUPXNCY 1. LOCATION OF THE PROPERTY Street /Hamlet / Use District on ........................................................... ,4'~-<~ ~ /T A L ......... :.. ~o~./,.4P.. ~£, L~d~ec_ ......... District lO00 Section/C/~Block ~Lot/~,/~ _ .............................................................. J. uurren~ Owner ',)- ~,~,/d~O Mop No. ' Lot No. Pri or Owner "..~:~, 2. PROVISION (Si OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section oncL~.chr~aph of the Zoning Ordinance by number. Do not quote the Ordinance ) 3~PE OF APPEAL Appeal is mode herewith (or (please check appropriate box) (V) A VARIANCE to the ~ning Ordi~nce or Zoning Map ( ) A VARIANCE due to lock of access (State of New York T~n Law Chap. 62 Cons. L~s Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPF~kL A previous appeal. (has) ~ been Of the Building Inspector or with respect to th s property. Such oppe,31 was ( ) request for ,3 special permit [ ,I request for o v,3rionce made with respect to this decision and was made in Appea.I No ................................. Doted ............................. ~ ............................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordin,3nce ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shored by oll properties alike in the immediate vicinity of this property and in this use' district because 'TI~'~: /'HC--~/~O,~/~L~ J~/~O/~tr:,~'/"TL~-~ ~' .you ~,~,'..)~O0'T'~ F~om 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) COUNTY OF ) ....... ....................... ~ /Motor~ Pubh~'' "c LINDA J. COOPER Notary Public, State of NeW Yo~ No. 4822563, Suffolk. County Term Expires December 31, 19 BOARD OF APPEALS, TOWN OF SOUTHOLO In the/~atler or the P,elitlon of ,.77. ._ Io the Board of Appeals uf the Town of Southold TO: NOTICE ~ TO ~ ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. Thai il is Ihe intention of lite undersigned lo petilion ll~e Board of Appeals of d~e lowo of Soudmhl tO requesl a(~rianc~) (Special Exception) (5peci~l PermJl) (Other) [circle choicel 2. That the property which i~s the subiect of the Petmot~ ~s located adla ent to your property and is des- cribed as follows: ~.'/;:---:~/V.~.,~/AA~ -Y.~,~. , /~L: ~ ~/ 3. That the property which is lite subject of such Petition is located in the following zoninR district: 4 lhat Ir~ soch Pelltiou,'the undersigned will request the followiug relief: signed are ~ticle _~/// ~on fO 0 ~c~ ~ /~ ,~ [ ] SecL~on 280-A, New York Town Law for ~pprowi of ~cc?s over rJght[~-ot-way. 6. ]hat wllhJn five days [rom tl~e dale hereof, a wriHen Pet[don requeSlm~ the relief speclf~ed ~bove will be filed in Ihe Soulho d Town Clerk's Office a~ M~in Ro~d, 5outhold, New York and you m~y then ~nd there exam ne the s~me durmB regular office hours. (516) 765-1809. 7. Thai before Ihe relief sou~lll tony be Rr~nted, a puhllc hear[hR must be held on ~l~e mailer by Board o~ Appeals; Ihal a nolice of such hearln~ must be published ~I leas{ five d~ys prior {o Ihe d~le of such he=rin~ in d~e Suffolk Times ~nd in the Lon~ Island Tr~veler-M~ililuck W~tchm~n, newspzpers publisl~ed in tl~e Town of 5outhold and desi~nated for the publication of such notices; Ih=t you or your representalive h=ve the riehl to appear and be heard at such hearing. [Copy of sketch or purposes.] plan showing proposal to be attached for convenience NA~ ~OOFOF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS /i. Receipt for Certified Mail No Insurance Coverage Provided (See Reverse) ~. ~, ~ /t7~O 40~.- 7~1 311 F~eceipt for Certified Mail No Insurance Coverage prov~aeo Do not use (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) , ~ ""d ~ being duly sworn, deposes and says Ihat on the / ~ day of <'~. / 19 .__~t,, deponent mailed a Irue copy of Ihe Notice set forth on the re- verse s de hereof: al'reeled lo each of Ibc above--named persons al Ihe addresses sol opposue Ihelr respect ve names; ~hal [he addresses sol opposite the names of said persons are Ihe addresse~ of said persons as shown on thc current asscss~nl roof Ihe ]'own of Sou~hoid; Ihal said Nodces were mailed al the United 51zlcs Post Of- rice al ,~ ~ ~ ~ ;Ihal said Nolices were mailed to each of said persons by UNDA J. COOPER Notary Public, St~t~ of No. 4822563, Suffolk County Term Eq3ires December 31, (This side does not have to be completed on form transmitted to adjoining property owners.) 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQR For UNLJSTED ACTIONS Only PART I--PROJECT INFORMATION (To be comoleted by Aoplicant or Project sponsor) 7. AMOUNT OF ~NO A;;;~B; ~ A the action is in the Coastal Area, and you are a state agency, complete the [ Coastal Assessment Form before proceeding with this assessment OVER ~ (Continued on reverse side) The ~.Y.S. Environmental Quality Review Act requires submission of this form, and an enviro'nmen=al review will be ~ade by thls board before any actio~ is ~aken. S~ORT ENVIRONMENTAL ASSESSMENT ~NSTRUCT!0NS: (a) ~n order ~o answer the questions in this short EA~ it is assu~ed that the preparer will use currently available information concer~ing t. he project and ~he likely impacts of the action. I= is no= expected that additional studies, resear=~ 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 sign/.ficant. (d) Environmental Assessme~e 1. Will project result in a large physical change to =he project site or physically'al=er more than 10 acres of land? ~es :,/NO 2. Will ~here be a ~jor change =o any unique or un~ual land form on the site? Yes 3. Will project alter or have a large effect on an existing body of water? ,,, Yes 4. Will 9reject have a potentially large impact on groundwater quality? __Yes /No 5. Will project significantly effect drainage flow on. adjacent sites? ..___Yes __/No 6. Will project affect any threatened or endangered plan~ or a~m~ species? Yes /NO 7. Will project resul~ in a major adverse effect on air quality? Yes 8. Will project have a n~ajor effect on visual char- aC=er of the community or scenic views or vis=as known to be important =o the community? . Yes /No 9. Will project adversely impact .any site or struc=- u=e of historic, pre-historic, or palecntologi~L importance or any site designated as a critical envircamental area by a local agency? Yes /No 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes /No 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, 15. Is there project? the QUESTICN~AIRE FOR F!LI~G WITH YOUR Z.B.A. APPLICATION A. Please disclose the names ef ~he owner(s) and any other iadividuals (and entities) having a financial interest in the s~bject pr~mises and a description of their interests: (Separate sheet may be at~ached.) B. Is =he subject prenL%ses lis=e~ on t~e real estate market - sal~ er being shown to prospective buyers? { } Yes { } Yes {~ No D. 1. Are there any areas which contain wetland grasses? 2. Ar? the wetland areas,~hewn on the map submitted with this application? 3. Is the property hulkhea~ed betWeen the wetlands area and the upland building area? ~9/A ' 4. ' If your proper~y centain~ w~ or pond areas, have you contacted the Office of the ~Trus=ees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed ~onst-ruc~ien at or below five feet above mean sea level? ~A · (If not applicable, staUe "N.A.") F. Are there any patios, concrete barriers, bu/-kheads or which ~= ~nd are not ~huwn ~n the survey ma~ that you ara submitting? ~ If none ~xist, please state "nons." G. Do you have any constructipn taking place at this time concerning your premises? /VO If yes, please su~mit a copy of your building permit and map as approved by the Building Department. If n0he, please state. H- Do you ~or any ce-owner alsd own ether land close to this parcel? ~O If yes, please explain where or submit copies of deeds.~ '- ~ parcelI' Please~A]Q~c~.list present use or operations conducted at this P posed use ~A]~ and 3/87, 10/901k § 9%13 'B. WETL~s § 97-13 TOWN' __ T~e Town of Sour. hold. TEUSTEES ~ The Board of Trus~es of ~he Town of Souchold. [Added $-5-84 by L,.L. ~N'o. 6-19841 Yv ~ I'LA.N'DS [Amended 8-25-76 b~ L.L. No. 2-1976; 3-28- I'iDAL ~T~DS: (I) All lands Kene~lly cavered or in~it~nfly cov- ered wi~. or whi~ bo~er on. fi~ wz~ or lands l~n~ ben~ tidal wa~. which a: m~ low fide are cove~ by ddat wa~e~ ~ a ~imum dep:h five (5) fee~ indudin~ bu~ no: limi~d ~ b~. . bo~, s~t m~ swamps, mezdow~ ~ or o:her low l~n~ 1~ subi~ct W ti~ (2) All b~ bo~. meadow~ fla~ and tidal m~h ~bject ~ such tidy'and ugon whi~ ~ or may ~w ~me or ~y oi ~ followin~ sak hay, bl~ ~, ~two~ sea lavender. ~1 co~ high bush. ~t~il~ ~u~ m~,k~-~Iaw ~d (3) ~I ~d immedla~adiucent~ ~ tidal w~tand de~ned in Subsection ~2) and l~n~ within zeven- ~-fiv~ (75)feet landward of ~h~ most landward edce oi such a ~dal FRESHV/ATE~ WETLANDS: {1) "Frcshwaar wedandz" az defined in Art/cie 21. tie i. ~ 2-I-0107. Subdivisions i{:) to l(d) inclusive. of :he Environmen~l Conservation Law of :he of New York; (2~ All [and immediately adjacent to a "freshwater wet- land.' as defined in Subsection B(1) and Iyinc with- in seventy-(ire (75) feet landward of t. he mos: land- ward edge of a "freshwater wgdand." 9705 z. :~- ~s September 20, 1995 Ltnda Kowalski, Secretary Zoning Board of Appeals Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Dear Ms. Kowalski: Please be advised that G. Johnston is acting as our agent in the matter of the fence installation on Mesrobian Drive, Laurel. New York. Yours truly, Oseph . r llo Sue Grillo