Loading...
HomeMy WebLinkAbout4332 cd,~ Co--, APPEALS BOARD MEMBERS ~o~~gUFF01 coGy Southold Town Hall Gerard P. Goehringer, Chairman c :cc 53095 Main Road Serge Doyen, Jr. ti x P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa y~jpl ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS OF FACT AND DETERMINATION Appl. No. 4332. Upon Application of ARTHUR HAF. Variance based upon the August 6, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33C) for permission to construct detached, accessory garage in a frontyard area on this waterfront parcel wOith reduced setback. Location of property: 1020 Strohson Road, Cutchogue, NY; Parcel No. 1000-103-10-25. WHEREAS, after due notice, a public hearing was held on Septem- ber 13, 1995, at which time all persons who desired to be heard were heard and their testimony recorded pro and con (ref. written transcript of statements made during the public hearing); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this new Appeal Application is based is dated August 6, 1995. The Notice of Disapproval issued by the Building Inspector is based upon a building permit application to construct a detached, accessory garage in a front-yard area on this parcel of land which fronts along Mud Creek (a/k/a Baldwin Creek). 2. CODE REQUIREMENTS. The relevant proves,ions of the Zoning Code is Article IIIA, Section 100-30A.4 (and 100-33C) which stales that 100-33C In the Agricultural-Conversation District and Low-Density Residential R-80, R-120. R-200 and R-400 Districts, accessory buildings and structures or other accessory uses ;.hall be located in the required rear yard, subject to the following requirements: C. In the case of a waterfront parcel, accc:;sory buildings and structures may be located in the front-yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. Page 2 - Appl. No. 4332 Matter "of DR. ARTHUR HAF Decision Rendered September 13, 1995 3. PROPERTY DATA. The premises in question consists of a total area of approximately one-half acre (21,182 sq. ft.) and lot width of 100 feet along Strohson Road. The survey dated March 27, 1995 shows the house is centered between the road and the ordinary high water line with setbacks shown at variables of 85 feet, and 67.6 feet at the closest point to road or front property line, and from the high water line at variables between 55 feet and 92 feet, more or less, from line. Photographs furnished during the public hearing show there is a cluster of about twelve trees near the northerly front (road side) of the house, as exists. 4. PROPOSED VARIANCE. The applicant herein is requesting to locate a proposed 20 ft. by 24 ft. accessory garage a distance 35+- feet forward of the house and 10 feet away from the front (road) property line and five feet from the northerly side property line (abutting the Hauser property). The garage doors are proposed to be faring south into the proposed driveway and parking area. 5. AMOUNT OF RELIEF REQUESTED. Thc, amount of relief requested in relation to the Code requirements is sub;,tantial, being more than 75% of the code requirement with a 10 ft. front setback instead of the required 40 ft. front yard setback. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots of comparable size and different dimensions fronting along the creekfront. 7. EFFECTS OF RELIEF REQUESTED HEREIN. As part of the "balancing concept" established by Statutes pertaining to area variances, it is the position of the Board that: (a) there is no benefit to the health, safety, and general welfare of the neighborhood that would occur if the variance were to be granted, and the difficulties claimed are not uniquely related to this parcel; (b) an undesirable change will be produced by the grant of the relief requested for the proposed setback 75% closer than the code requirement since it will set a precedent in the neighborhood; (c) the grant of the relief requested will have an adverse effect and impact on the physical conditions of the neighborhood affecting visibility, openness, and natural benefits presently given to area properties with similar situations in this waterfront community; (d) the relief requested for a varikucce of 750 of the requirement is not the minimum variance deemed necessary and adequate; Page 3 - Appl. No. 4332 Matter'of DR. ARTHUR HAF Decision Rendered September 13, 1995 (e) as noted in paragraph 5 above, the relief requested is substantial, and alternatives are available for an increased setback which would be able to afford little or no relief. (f) the front yard area is substantial in size with 5,000 sq. ft. or more of actual land area to locate a propoaed garage without requiring removal of trees. Accordingly, on motion by Member Villa, scconded by Member Dinizio, it was RESOLVED, to DENY the relief as requested under Appeal No. 4332 for the reasons stated above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa and Tortora. This resolution was unanimously adopted. s s : lk~ GERARD N. G(jEHRINGER, CHAIRMAN RECEIVED AN 1 p BY THE SOUTi. DATE /o~y/s, Tovcr )ld APPEALS BOARD MEMBERS ~~~OSUFFI~(~ C©G~ Southold Town Hall Gerard P. Goehringer, Chairman o 1 53095 Main Road Serge Doyen, Jr. rn x P.O. Box 1179 James Dinizio, Jr: Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 Regular, Meeting of the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, SEPTEMBER 13, 1995 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4331 - DAVID AND CLAIRE AIR. Variances based upon the August 1, 1995 Notice of Disapproval issued by the Building Inspector under the Zoning Ordinance, Articles XXIV, Section 100-241A and 100-243A, and XXIII, Section 100-239.4B, for a building permit to construct structural alterations and increase floor area of principal building with nonconforming front yard and sideyard setbacks and with nonconforming use(s), and to construct deck additions, seaward of existing building setback line (within 75 feet of seawall). Location of Property: 2072 Village Lane, Orient; Parcel No. 1000-24-2-27. 2. 7:38 p.m. Appl. No. 4327 ROBERT AND DENISE WHELAN. Variance based upon the July 31, 1995 Notice of Disapproval from the Building Inspector,. Article IIIA, Section 100-30A.4 (ref. 100-33), for a building permit to construct accessory building in an area other than the Page 2 - Legal Notice Regular Meeting of September 33, 1995 Southold Town Board of Appeals required rear yard. The subject property contains an area of approx. 20,400 sq. ft. Location: 160 Bungalow Lane, Mattituck; Parcel ID #1000-123-2-2. 3. 7:43 p.m. Appl. No. 4326 - STANLEY and SHARON SWANSON. Variance based upon the August 5, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.3 - for permission to exchange property (lot line adjustment) which will reduce the required total area of parcel 1000-141-2-21.5 (owned by Robert Hamilton) and increase the area of parcel 1000-141-2-15 (owned by Stanley and Sharon Swanson) by approx. 8,129 sq. ft. Property Location.. Southerly side of Horton Avenue, Mattituck; Also referred to as part of Lot 43 - on the Minor' Subdivision Map approved 4-12-93 by the Planning Board for Robert D. Hamilton. 4. 7:47 p.m. Appl. No. 4328 - ROBERT FEGER and "THERESA TAYLOR. Special Exception under Article IIIA, Section 100-30B for an Accessory Bed and Breakfast Use in conjunction with the owner's 'existing single-family residence for the purpose of renting and serving of breakfast to a maximum of six (6) transients not more than three bedrooms (maximum)_ Location of Property: 5370 Nassau Point Road, Cutchogue, NY; Parcel No. 1000-111-8-19. 5. 7:50 p.m. Appl. No. 4330 - FLORENCE TILDEN. Variance based upon the July 26, 1995 Notice of Disapproval from the Building Inspector, Article- IIIA, Section 100-30A.3 for permission to construct garage addition Page 3 - Legal Notice Regular Meeting of September 13, 1995 " Southold Town Board` of Appeals to dwelling with an insufficient ` front yard and side yard setbacks. Location of Property: 3100 Deep Hole Drive, Mattituck, NY; Parcel No. 1000-115-17-14. 6, 7:55 p.m. Appi. _ No. 4329 - CHRISTOPHER MZNUCERI. Variance .-based- upon the :July 24,- 1995 Notice of Disapproval from the Building Inspector, Article XVIII, Section 100-181C(3) for permission to construct a single-family dwelling with insufficient< front yard setback in this cluster development. Location of Property: 1455 Evergreen Drive, Cutchogue, NY; County Tax Map Parcel No. 102-1-4.4. 7. 8:00 p.m. Appl. No. 4332 - ARTHUR HAF. Variance based upon the August 6, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33C) for permission to construct detached, accessory garage in a frontyard area on this waterfront parcel wOith reduced setback. Location of property: 1020 Strohson Road, Gutchogue, NY; Parcel No. 1000-103-10-25. 8. 8:05 P.M. Appl. No. 4334 - ESTATE OF CLOTILDA OLIVER. Variance based upon the August, 18, 1995 Notice of Disapproval from the Building Inspector, Article XXIV, Section 100-241 for permission to re-establish nonconforming retail sales use in this M-II Zone District.' Location of Property: 64355 Main Road, Greenport, NY; Parcel No. 1000-56-4-21. Page 4 - Legal Notice Regular Meeting of September 13, 1995 Southold Town Board' of Appeals 9. 8:10 p.m_ 'Appl. No. 4333 - GENEVIEVE S'FALEY and FRANK PALUMBO, as Contract Vendee. Variance bsaed upon the August 16, 1995 -Notice of Disapproval from the Building Inspector, Article XXIII, .Section 100-239.4A(1) for permission to construct a newr dwelling within 100 feet of the top of the bluff or bank of the Long Island Sound. Location of Property: 3200 Sound Drive, Southold; NY; Parcel No. 1000-33-1-7. 10. 8:15 p.m., Appl. No. 4335 - HELENE BULGARIS and SUZANNE FONDILLER. Variance based upon the August 9, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 for permission to amend building permit for the construi:tion of an as-built inground swimmingpool as an accessory structure in an area other than the required rear yard (instead of as an attached structure). Location of Property: 1575 Captain Kidd Drive, Mattituck, NY; Parcel No. 1000-106-05-17 & 18. 11. 8:20 p.m. Appl. No. 4317 - EDWIN and DONALD TONYE3. (Carryover from July 12, 1995 for continuation). 'Property location: 55465 Main Road, Southold. HB Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted before or during this hearing. If you wish to review a file or need to request more information, please do Page S - Legal Notice' Regular Meeting of September 13, 1995 Southold Town Board of Appeals not hesitate to tail 765-1809 or visit our office. Dated: September 1, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEBRINGER CHAIRMAN By Linda Kowa]sh g ` ? FORM No. 3 l/ TOWN OF SOUTHOLD U BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . / 19 5 . Yi:Os plicion dated 19D- PLEASE TAKE NOTICE that Zge4~!t at Cor permit to G 6!/. ~ Location of Property : .C/~-i.7J.2/ ....:..........:.Lana House IVa. Street ~ aintet County Tax Map No. 1000 Section Block /V . Lot .5' Subdivision Filed Map No. Lot No. is returned herewith and disapproved on the following grounds ? 2! :~.1 Q~ . . d.r.. . d4 2t9~ O. . g inspector RECEIVED , RV 1/80 J.E. FITZGERALD RCEED Ig -kie All # 1995 -Ptq ..°Ic TOWN OF SOUTHOLD, I$6W i T@Wn Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / 3 DATE Au*ust.17.t 1.995 TO THE 7d QetmNet GOA Z$era:3¢~S, WN OF SOUTHOLD, N. Y. 1,(we)for owner Arthur Haf of PO Box 617 Name of Appellant Street and f,'utcho Number ,tery,1~'5 o u.,i .,stn A HEREBY APPEAL TO Municipality . State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO DATED .A? gs t 6t 1995 WHEREBY THE BUILDING INSPECTOR DENIED TO .Same as APPELLANT, above Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY 1OZO.3trohson Road, Cutehogue R-40 Street /Hamlet./ District 1000 Sectionlp3 Block 1 OLot25 Use District on Zoning Map _.........._-Current Owner Arthur Haf o. Lot No Map N Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section end Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IIIA Section 100-30A-3 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap, 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit f ) request for a variance and was made in Appeal No .....Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that the addition of an accessory attached garage, located as proposed. will provide the opportunity for greatly enhanced use and enjoyment of the property by the owner, his family, and his friends. (Continue on other side) REASON FOR APPEAL ,Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because See attached sheet for responses to Paragraphs-:11 through 3. 2. The hardship created is UNIQUE and is not shared by all properties, ahke in, the immediate vicinity of this property and in this use district because 'l. ` 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because /f t STATE OF NEW YORK ) ss COUNTY OF } Signs e _ '~'2VCI? 2.21~T,1"......... day of......... ~v~Tvsl 199 this Sworn to Notary Public W t7MINERVA NO TP..?Y Bi gt. jr.: .State of.q+e;y yDrk Ne. 4853108; Suf;e(y, Caenty commmia, Exp res February I8, IR26 Application of Arthur Hat SCTM #1000-103-10-25 REASON FOR APPEAL (Continued) 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnecessarti hardsbip because a garage is necessary, and any other location would (1) make it necessary to sacrifice a number of mature oak trees which now shade the house, (2) block the view from the road through the property to the creek, and (3) make parking and on site auto- mobile movement more complicated and less effective in the use of ground space. 2 The hardship created is UNTOUE and is not shared by all properties alike in the immediate vicinity of this propertv and in this use district because most properties in the area already have garages. I The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the addition of a garage in the front yard is common in many of the older houses on Strohson Road, especially SCTM's 1000-103-10-15 through 20. These houses have garages and driveways very close to the road, some with front yard setbacks from the property lines of much less than the ten feet requested in this applica- tion. With the garage sited as proposed, the view from the road and neighboring properties to the west is not obscured any more than it is a present by the existing house. Marty of the older areas in the Town have sinv7ar characteristics. James E. Fitzgerald, /J . ` i O t INc O ? r Z r on ® t2° v O O m Q D -D 0 0 A o D 0 Z Z I ~i ~ n 5 y~ C° p1 'z, n r^ 'v n C ~CA,~ f n A cyi. - ~ S gf~7A~ m m Q ` I ~ JIB: W a \ ( r~ al 71 i 0 1 0 o° o o I x i x x i - n' p O o m n 'n I m ce m W N S 7- m m m Ll. III ~0I0 3 I I i ~ f ll a I ~I u i J f v, ti ~ f ~ r rt m ( I I I I ( I I I Q 0 O n 9 N I ( N = O f I I I. I ; o z 0 0116 o B, T t N I N TI - TI O 0 S I ~n1 t- J~ I j I I\ { II IIIIII'AI 3 Z i I ( ~ I f~ j l ITI I { I I 1 i I I i 1 I I I i I f i STROHSOjV ROAD N. 5°05'40, E -----_`_~----z 100.00 r 309.32 03 i co J 03 rt, O m 0 a X a' -,r g rn 1 y anti A a~ ~bo 'qt 1.y°o uo~a ~q2 ~2a2 MtaµUn. 9M 1 0 2~y~ N( ,n i i 7 4 rE~sy8m oO6r::,3: S. 5°59Y0 / Z 'S I+,ti tA~+rv-R w g25T_ - - 9p Wk Sao " Cl Qn~DO ~J}1~/!/~~ vw .00 "Iya as xa ton (A*fU zo o -h!,y N2° : r l5r M CREED) REEK aago Mime i ry~n H 4syy nsCO'~ ~Zmc Z m2tnx TtN'V C y mob, ITI IIE ytoe~lti ry x ,rim 02rDn 4f Rrj ~qy ~~oa 2 syay mo~ro C N92 x22, n A~ _ m ,ri Q:Z C) >N- o I-Z- rri pDk f~ G_ V \ z 0 rn 03 i 1 / COUNTY OF SUFFOLK 9 OCT 2 5 co ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING October 20, 1995 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. /Applicant(s) Municipal File Number(,) V Haf, Arthur 4332 Estate of Clotilda Oliver 4334 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:gcc A\FORMSW433284Z1,11 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE, LONG ISLAND. NY I IJ88-OD99 ¦ 13167 833-3192 FAX 13161 833-4044 • o~~gpFFO[~-~o APPEALS BOARD MEMBERS h`t` Gy o= Southold Town Hall Gerard P. Gochringer, Chairman a 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 1/11/96 Dr. Haf dropped off a tentative plan for 15' and 5' setbacks (instead of the required 40' and 10'. 1/12/96 - In reviewing the plan left yesterday, I called Dr. Haf and indicated that it was still a very substantial variance and that type of application is not encouraged. It is basically similar to the previous request denied by the ZBA. Later, in checking with the Bldg. Dept., Georgia showed me a file that was just issued to Dr. Haf (yesterday) for a permit to locate the garage 40 feet from the road and 10 feet from the side, all in the required front yard on this waterfront lot. He will probably need to remove the trees he was trying to save in this spot. 1/12/96 l For File i ?oand For Fi update. ••t FORM 140.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHO ^~TT o//_ Date ............/P............. 19..7 ..1 NP 23211 Z Permission Is hereby granted to: 7`R 45oZ. A . Z. 7 . 01Y....../../..~~s ta... .LCr r ~J/.......C~.,Z~~~w ° 1~GaSF.' :L ,,C~.~G . ~~~G~~G .c .......~r?... ( .....................................................................................q................................... at premises located aT............. 0 . I............ County Tax Map No. 1000 Section I.Q~...JJ~.. Block ........ZV. Lot No. 0(...6 pursuant to application dated ;lLu. u .....A.... 19..1.., and approved by the Building Inspector. Fee $...l. J.. n/ wvY ? Building Inspe r Rev. 6/30/80 • • , D.V.M. MineolaAnintal Center Arthur Haf 44A Jericho Turnpike Mineola, New York 11501 (516) 873-9207 rc A „ I - 4 19°6; BLDG. DEPT. TOWN OF SOITHOLD January 2, 1996 To: Building Dept. Town of Southold Enclosed are three sets of architectural plans for the proposed garage at 1020 Strohson Road, Cutchogue. I submitted all paperwork in November, 1995 and was told several weeks ago that all was in order except for architectural plans. I believe this completes all necessary documents needed for the permit. If there are any questions, or if you need any further information or documents, please contact me at the above number or address. Thank you for your kind consideration. Best Re ards,, AHDVM:jw Arthur Hat, D. M. Enc. Lj e4f 1" A5 5MLC,7"t0 W " ~i r^ ~y ^~p ¦ j 7i4' Xb~LY 0~"VINV HIV ~ ~T 1 O'•Y~' ,~'1 N/ a'4 x 4 CA51 NO U,. w 4 H\N{ tx,II I-IAicD~V LATCH ca~G , fOl,-e5 W ° ' ~4 x 4 Col~l~r1~ v U , - P,partD~ `CKP Z tQ : ~p A, Hsi 11 ~wl ~.INC C7- 1°II TIiH GUVN T' P R71'I li 7 r ewo -To PRO~ _ _ - ~IIIIIIIillllllllll~l) ` r I i F r T IN~J7-rl F+ Q R.R TIE Red INIW(a / WALL h1 ~ I ,M~~F~p.~A~.T~~~E~,XI°.~TI © i k, i t,'• r>F r;?i, ` {r V ! {NL,./ ..sf ^ -15589 ~•1-: e)l ML --r --c ENCE .rt tZC--rI I 0TN - I 1 ~ ~ [ ,TC;I" INCA I I UN a3 '?mil TH1?l.,I. ruTcHceum W., I T fl°, drawlrtp flHe. I UNCa°+Mo-4 I.a., / -rr~r ~1.00f~ PICT \ , TGO FILL NC TTeb_ p1~'`+~/ ) G N.4I1 u1 ( uWTO q a., gar b4;* IZ4 I r ~I rEVf~TI ONE !PIcc*lC I~GN P C \VAI.,L uNrl CF NC~TE~'~ • 10 x 10 G~ G ve cT. I Na IN X111 r/l FcnTl NC6 M I p drawn by: c*teclced b; 1[-4 8 4 4 L, FEEL.eY A-~ I'- r2° p) CL O~ O" I OII p dare tlCale; 8 12o 100 °h AS NOTED l - - dremft no. 7. ~t7'~a t11Qs 1'C R TIE 1VALL°> II M C 1 I- 41' 1+•T7Ta p 4 9 a r: g.,~t 31- 42 MffTAIW Nev n~t•~. \u4 ```~~_~~-~~,~~_~~~yyyno. - - _ . N'r o 1y I d• 11• 1. i. pip b V V d t _ _ I 1111111111111111111111 _ I fij x JLJ at P~crFORft - Ve _ Q n , _ ` G; ~ 0 1~ I, I ~ I IIIIIIIIIIIIIIIIIi~ J1 AN 4 0% BLDG. DEPT. ` ( ( 1 TOWN OFSOUTHOLD i 1 I~~IIIIIIII I~~I1~~1 A r - I r . y ' 4 - e =INFORk VR~Or t Fd^ TEhB.av^vtNG L7°G19.T~d~k~.!1`fr {°J9_ Ptf _l`e~L1J~C ~ ` - . -z3t.iRVr:`fQlC9'~J°.C. Gut°oL.P~1.~uC°PLIED _ CLLR ~I B r ` P. pHPd~T \D FA°JC TR1 H LE 4- W % _ 1 N 1~crc~ ex I °.fTl t~IC~ c yypp~~w _ W LLI LL- r-v, %t W4 Y- 4, CA511 NO - k e :S • L_u LJJ ~a~14 J~~~4/~co~e. f -01 _ T-~ ,n IV t ~ ~ ~ aw' .y' x 1~~y1~ `y'~~+~`. V3 ~ +a°'~ j.. t "LF 1 Sr k UNG. GF S064% 1I KOM v -s t t ~ V E E'i^1arr.EtJ= TO CL'z2C. 1 ~r t r - - - - - - r i'c r , - - t _ Il 4. S a - _ I ARC yFe 4. ~..z41 v t~ T ~ f 14 C., - _ - - ~~~,V~ 61. Fcf•~F Fo CCA - i l«RCxt~1It4a l ~ I'~:'.u iNi6..:f+a 'f1X+ . ~aa.rl n }'~4G„ -Rd>_L "I1~ III VYAU I. P A13 KW~7O • ~1 OtO IS1%) G M A&E ~Au 1446 C~ENERP~L hO7E~ I.OOMIIMflO111O MTL/T A1L00100 W Mo OLrrCIw.T M Mrt TwaM To aowrrwCTOT L LOMWLOIN OR AIM LIMTI.T L..M.OT. SMMr.LL wlAO olivMIOw a ALLr LTIYL Oow/ TOM MTL WOTU Nl,1OVENCM MOLMLOLTOOOOLM LMIALr OOMLILMLOMOOMLIILCTCMOOOLATOOf 1MTCMI YLCIIr00 l ALL O?~M GWALTLM A rrrw OW CWIMM ' LOIOATMO/nnp+M L ALL TOon""LM"I" OM LVOW DLO ML LAM A1WYLFAAML OTIKRY OTL TOM TMT MOM ATOTMO 8"LI ANMLLY OF Lwn L4QMAO1NpyyipL LTTOOOL" TOLL OMW MM 10 O'C11 OMIMTLA AKOJ LOIN AT LIO.C. WL/IIOYQ L DOMPa L4110i MNM RA=/'1AOOYOOWp NLL T. LTTLCIILMI TAJM~ FwL Lw rAL Tw Y.w~ 1s r+MOraw ura rwu r wl~w w AM.TLILpW aLTTLIOTIN.OTrLO1MLLLYIYAi,OrtAL10./YIIR'JNDMO LIOOTODY AIIM YO N.1.(i . L ALLI~gMwLLpOli Ll'OMION OT?J 1AaM MOTLOOTIgIM w. TLOIQTI011L{L MALLYAIOTTLM16rAT AU L/Aw MOr AlO naOAOwrdAwugAAu J'OLN AI~MANOIw A W IIL V.MIU& TO MALL • I1.MLMwNq MwOLMILMLIpiOMLMr. N OLOMLLOI~,I~MOWOLNY OLOOLIiMp.T LO WL IL Plain MNr'ILpp JO/f OOILOICTOIf TOANL LYR f11L1OT111N1 OOILECTCM N LAYLLI.IOIW ALL AL1L OWTILA.'ICM LIMLL LIpO ALMT AIp LNMD MO FALTW O01IfOlA? -NPWAOMM MCUWVOMATLAGI/TOO111tVLLAGIACWTTOLILTILOWM YM"WLr OOLLAINMW0%,u"=,m +I. .~j. N OONTMCIOIIIOOO ALL MTdMN O1M TO MLri OWTA4J[:ICNAIdO1 MYPML Of pMTK-ALL TMTOy101MTO1MOTA5R/1M/11/IMOrIN WaLMOf W 011MIt 1T. ALL L~MOWALTMINODIWTLJNLO•LR d1 OAAM LIIMAOLL LMALL Lf OiA TIfATMI Id IQ My / ILALLLMOOM OELI•IMTIDtL1AAlT101E0 MAMOEALEM f:OnOM1pM All WIL 10 LF I11WI0L0 LATMIOII~dLYMOL gAa~L LOALTA; ~LAAOOOLNYOM JAM. WEAL OOM1MAff AgTfO i r I C q2 0'7 ST Ro Nsi~hl ~D Cv~ cN-©U P i 2 Z 6~ / .lil JAN 12 9~ - QPO ~ oSE is fxcr.-fie 'FO y H> 4'1 VON FLAP/ uAf ites~dw.c. .7kN 155¢ • ~RAI.~ ly 4 No. A. 3. - i I a I Sao Mors 00 ti I~~ ( GL Of R S h.6 L pF FoonN EL O~_pv (0 M16 V. 3.1 Pe roa Q1TGN sLaa z' MIN 'Y Et O~-o~ TO ~ooe OtG . I _ i I I ~ ELL) 0-6~ ,I 19 ~Y i1 a to'•" E~ - ° y to $c0.1e %y s 1 ~..t o~"8n ? K" Pro p.sED . I - Of-, N ov&R~N4 • ~kr- FN>TN r` QsSi f.«h v ` TRN 1196, ~I Srr?F Ik N I --PV.AvJ 114 Nb. I RFTRS ~ ~ ~ .2 x 4 RFTRC .1 o.c 16" O.C 1 A. - c F t! x~ Gfl r4 S o0 n GARAGE ti 2>< V GL4 Ti C 32" FY. C f y" TN RElrlt tows I \ A` x T ~ s~RS TI<<u sub •o .Z" 11i"1 10 - - !3).1$10; DR. - - - - i - FLoo K . Io'-N• ; lo,-'/" PLAN Sc&Ae Vf• =IUD Qropas'~ Go.~-.. ac: DEAF RES1,DeuCE, TA 11'16 , SEc\ toH SGA LG %y = ID j~RRwlu4 No. CUPOLA - Sotto ED 1Y o w ~+ER FLAS N INro Roof i IL ASfj4ALf 5141NALES S 3d FaLt SA' !><T CC. ?vW3y, is 12 I(." o.c .Zs to R~DkE 2 xE C°3~ 0. C. del To P PLATE EL k Ff, sC~A ,SoF•I~ 1• fYRIN To t1Ai"~ LINE of exlsrlNk yvoas AS 'T'I IGAL WALL GARAGE o- SOPW4 To nATc11 ers,lEwcr, 193 FELL, Y&EPI, (Z)2r'/ teA R, D / Ys' & As's . !v ~ 'IOP fN DTH 171, f a~ O, ow. 4. ~INr 101 is . D LcNP co NC SLAB - iy gAckcuL 6 h'IL v. 8. ; r. - 1 rofosei 6-arv r, NAf +2asrdt..-ate. N t ~ I ~ I i j - - - p I , , LIRE of rARA46 FLOOR NORM %LEVATioal Foot,N4 TYPE Seal t - %v r + o _ ~ I ! 1~r4~OTe~ ,G~paogti SOVTN EtE V A71ON r NAf vi 1Aet 04414& I I ~ I I ' I 1 1 ' i / ~ I t I I I I I , ' _ . ? i , 1 I } - . Loft Poo I 7. L14HT , RsL _ 8Y Ow MGR i i S 'QrRRa t T`/P P4re#4 .10449u 2" FftoM _ . NDRTM Em b To DooR S CA a 1 LINE of , If . (4AMAE DLO/A i u -I ( O _ _ Iy = Fvo-rlw~ • ! , i ' Pr•e~.c~dt 90~•~, :)rA4VI1 5 sf J'P~N lq°I L • i 1~IEW ~ . METAL Poo R L_I FRAME ' LINE Cr- C-o-Qh; I 4 E sT 6 L L- \/.A-r sCe-fC Qr~'~1~I1 pATI.~! UU • 140 RfS+DENt6 ' s~N tyq ~ N- S 8 - ~•,~r.IC~t.C~ D H WISJC ')Cd 9-E • ~ UNE ~ C~-Q/ti~ • I II FI.GCIC ~1'' -yy , WF S + ESE yA 1'10 14 - - Scwle_ yy - 1. o~ lea, 40 ad qz; Q 23 ire ose 4~ ocrlT / Ex7T Wo W P < . Z ifo i srr tx 'a.*F 51-. r 3eN tgSj& N eta 70P C* Z cx.w ~t¦ , dl N e.4 5q' ~o• 1v - - ,n J 40' t~l L9 g INFQ~h1ItTiON Poft -rite G1ywv1?JG n 11YPy Mk4e,•4 PROM ^ ~LJRVtY COMO M~ 7'l IaJ~i'., Ay ~.t''aA1fC SrOUCVwnt APPEALS BOARD MEMBERS ~~gUFfO(,~ c ~Gy Southold Town Hall Gerard P. Goehringer, Chairman o ~c 53095 Main Road Serge Doyen, Jr. H x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa 901 ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 3, 1995 Mr. James Fitzgerald Proper-T Services, Inc. P.O. Box 617 Cutchogue, NY 11935 Re: Var. No. 4332 - Arthur Haf (Setbacks for Garage) Dear Mr. Fitzgerald: With reference to the above project, transmitted for your written record is a copy of the Board's findings and deter- mination rendered at our last public meeting. As confirmed by telephone with you, the setback relief was denied in the area chosen for several reasons which are noted in the detcrmination. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Ik Enclosure Copies of Decision to: Sr. Building Inspector T.J. Fisher g (Issuing Officer ) Dr. Arthur Haf, D.V.M. r (~C APPEALS BOARD MEMBERS ~~S FD & Southold Town Hall Gerard P. Goehringer, Chairman o y~e 53095 Main Road Serge Doyen, Jr. era Z P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?j~l ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS OF FACT AND DETERMINATION Appl. No. 4332. Upon Application of ARTHUR HAF. Variance based upon the August 6, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33C) for permission to construct detached, accessory garage in a frontyard area on this waterfront parcel wOith reduced setback. Location of property: 1020 Strohson Road, Cutchogue, NY; Parcel No. 1000-103-10-25. WHEREAS, after due notice, a public hearing was held on Septem- ber 13, 1995, at which time all persons who desired to be heard were heard and their testimony recorded pro and con (ref. written transcript of statements made during the public hearing); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this new Appeal Application is based is dated August 6, 1995. The Notice of Disapproval issued by the Building Inspector is based upon a building permit application to construct a detached, accessory garage in a front-yard area on this parcel of land which fronts along Mud Creek (a/k/a Baldwin Creek). 2. CODE REQUIREMENTS. The relevant provi:;ions of the Zoning Code is Article IIIA, Section 100-30A.4 (and 100-33C) which states that 100-33C In the Agricultural-Conversation Districi and Low-Density Residential R-80, R-120. R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: C. In the case of a waterfront parcel, accessory buildings and structures may be located in the Y front-Yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. Page 2 - Appl. No. 4332 Matter of DR. ARTHUR HAF Decision Rendered September 13, 1995 i 3. PROPERTY DATA. The premises in question consists of a total area of approximately one-half acre (21,182 sq. ft.) and lot width of 100 feet along Strohson Road. The survey dated March 27, 1995 shows the house is centered between the road and the ordinary high water line with setbacks shown at variables of 85 feet, and 67.6 feet at the closest point to road or front property line, and from the high water line at variables between 55 feet and 92 feet, more or less, from line. Photographs furnished during the public hearing show there is a cluster of about twelve trees near the northerly front (road side) of the house, as exists. 4. PROPOSED VARIANCE. The applicant herein is requesting to locate a proposed 20 ft. by 24 ft. accessory garage a distance 35+- feet forward of the house and 10 feet away from the front (road) property line and five feet from the northerly side property line (abutting the Hauser property). The garage doors are proposed to be fa,!ing south into the proposed driveway and parking area. 5. AMOUNT OF RELIEF REQUESTED. Thc: amount of relief requested in relation to the Code requirements is substantial, being more than 75% of the code requirement with a 10 ft. front setback instead of the required 40 ft. front yard setback. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots of comparable size and different dimensions fronting along the creekfront. 7. EFFECTS OF RELIEF REQUESTED HEREIN. As part of the "balancing concept" established by Statutes pertaining to area variances, it is the position of the Board that: (a) there is no benefit to the health, safety, and general welfare of the neighborhood that would occur if the variance were to be granted, and the difficulties claimed are not uniquely related to this parcel; (b) an undesirable change will be produced by the grant of the relief requested for the proposed setback 75% closer than the code requirement since it will set a precedent in the neighborhood; (c) the grant of the relief requested will have an adverse effect and impact on the physical conditions of the neighborhood affecting visibility, openness, and natural benefits presently given to area properties with similar situations in this waterfront community; (d) the relief requested for a varia::ce of 750 of the requirement is not the minimum variance deemed necessary and adequate; Page 3 - Appl. No. 4332 Matter of DR. ARTHUR HAF Decision Rendered September 13, 1995 e as noted in paragraph 5 above the ( ) relief requested is substantial, and alternatives are available for an increased setback which would be able to afford little or no relief. (f) the front yard area is substantial in size with 5,000 sq. ft. or more of actual land area to locate a proposed garage without removal of trees. requiring Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, to DENY the relief as requested under Appeal No. 4332 for the reasons stated above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa and Tortora. This resolution was unanimously adopted. s s s _ lk GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS ~o~~SUFFO(,~CO ti Gy q Southold Town Hall Gerard P. Goehringer, Chairman c < 9 53095 Main Road Serge Doyen, Jr. Go at P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~ol ~~O~ay Fax (516) 765-1823 Lydia A.Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS OF FACT AND DETERMINATION Appl. No. 4332. Upon Application of ARTHUR HAF. Variance based upon the August 6, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33C) for permission to construct detached, accessory garage in a frontyard area on this waterfront parcel wOith reduced setback. Location of property: 1020 Strohson Road, Cutchogue, NY; Parcel No. 1000-103-10-25. WHEREAS, after due notice, a public hearing was held on Septem- ber 13, 1995, at which time all persons who desired to be heard were heard and their testimony recorded pro and con (ref. written transcript of statements made during the public hearing); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this new Appeal Application is based is dated August 6, 1995. The Notice of Disapproval issued by the Building Inspector is based upon a building permit application to construct a detached, accessory garage in a front-yard area on this parcel of land which fronts along Mud Creek (a/k/a Baldwin Creek). 2. CODE REQUIREMENTS. The relevant provisions of the Zoning Code is Article IIIA, Section 100-30A.4 (and 100-33C) which states that 100-33C In the Agricultural-Conversation District and Low-Density Residential R-80, R-120. R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: C. In the case of a waterfront parcel, accessory buildings and structures may be located in the front-yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. Page 2 - Appl. No. 4332 Matter of DR. ARTHUR HAF Decision Rendered September 13, 1995 3. PROPERTY DATA. The premises in question consists of a total area of approximately one-half acre (21,182 sq. ft.) and lot width of 100 feet along Strohson Road. The survey dated March 27, 1995 shows the house is centered between the road and the ordinary high water line with setbacks shown at variables of 85 feet, and 67.6 feet at the closest point to road or front property line, and from the high water line at variables between 55 feet and 92 feet, more or less, from line. Photographs furnished during the public hearing show there is a cluster of about twelve trees near the northerly front (road side) of the house, as exists. 4. PROPOSED VARIANCE. The applicant herein is requesting to locate a proposed 20 ft. by 24 ft. accessory garage a distance 35+- feet forward of the house and 10 feet away from the front (road) property line and five feet from the northerly side property line (abutting the Hauser property). The garage doors are proposed to be facing south into the proposed driveway and parking area. 5. AMOUNT OF RELIEF REQUESTED. Th<! amount of relief requested in relation to the Code requirements is substantial, being more than 75% of the code requirement with a 10 ft. front setback instead of the required 40 ft. front yard setback. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots of comparable size and different dimensions fronting along the creekfront. 7. EFFECTS OF RELIEF REQUESTED HEREIN. As part of the "balancing concept" established by Statutes pertaining to area variances, it is the position of the Board that: (a) there is no benefit to the health, safety, and general welfare of the neighborhood that would occur if the variance were to be granted, and the difficulties claimed are not uniquely related to this parcel; (b) an undesirable change will be produced by the grant of the relief requested for the proposed setback 75% closer than the code requirement since it will set a precedent in the neighborhood; (c) the grant of the relief requested will have an adverse effect and impact on the physical conditions of the neighborhood affecting visibility, openness, and natural benefits presently given to area properties with similar situations in this waterfront community; (d) the relief requested for a variance of 750 of the requirement is not the minimum variance deemed necessary and adequate; Page 3 - Appl. No. 4332 Matter of DR. ARTHUR HAF Decision Rendered September 13, 1995 (e) as noted in paragraph 5 above, the relief requested is substantial, and alternatives are available for an increased setback which would be able to afford little or no relief. (f) the front yard area is substantial in size with 5,000 sq. ft. or more of actual land area to locate a proposed garage without requiring removal of trees. Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, to DENY the relief as requested under Appeal No. 4332 for the reasons stated above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa and Tortora. This resolution was unanimously adopted. s s s Ik GERARD P. GOEHRINGER, CHAIRMAN k ~ APPEALS BOARD MEMBERS ~O~O$OFFO(~ CO, Gy Southold Town Hall Gerard P. Goehringer, Chairman o° s 53095 Main Road Serge Doyen, Jr. W x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 3, 1995 Mr. James Fitzgerald Proper-T Services, Inc. P.O. Box 617 Cutchogue, NY 11935 Re: Var. No. 4332 - Arthur Haf (Setbacks for Garage) Dear Mr. Fitzgerald: With reference to the above project, transmitted for your written record is a copy of the Board's findings and deter- mination rendered at our last public meeting. As confirmed by telephone with you, the setback relief was denied in the area chosen for several reasons which are noted in the determination. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Ik Enclosure Copies of Decision to: Sr. Building Inspector T.J. Fisher (Issuing Officer) Dr. Arthur Haf, D.V.M. APPEALS BOARD MEMBERS h~0~0$UFFO(,` COGy Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road Serge Doyen, Jr. W x Y P.O. Box 1179 James Dinizio, Jr. O y Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS OF FACT AND DETERMINATION Appl. No. 4332. Upon Application of ARTHUR HAF. Variance based upon the August 6, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33C) for permission to construct detached, accessory garage in a frontyard area on this waterfront parcel wOith reduced setback. Location of property: 1020 Strohson Road, Culchogue, NY; Parcel No. 1000-103-10-25. WHEREAS, after due notice, a public hearing was held on Septem- ber 13, 1995, at which time all persons who desired to be heard were heard and their testimony recorded pro and con (ref. written transcript of statements made during the public hearing); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this new Appeal Application is based is dated August 6, 1995. The Notice of Disapproval issued by the Building Inspector is based upon a building permit application to construct a detached, accessory garage in a front-yard area on this parcel of land which fronts along Mud Creek (a/k/a Baldwin Creek). 2. CODE REQUIREMENTS. The relevant provisions of the Zoning Code is Article IIIA, Section 100-30A.4 (and 100-33C) which states that 100-33C In the Agricultural-Conversation District and Low-Density Residential R-80, R-120. R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: C. In the case of a waterfront parcel, accessory buildings and structures may be located in the front-yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. Y Page 2 - Appl. No. 4332 Matter of DR. ARTHUR HAF Decision Rendered September 13, 1995 3. PROPERTY DATA. The premises in question consists of a total area of approximately one-half acre (21,182 sq. ft.) and lot width of 100 feet along Strobson Road. The survey dated March 27, 1995 shows the house is centered between the road and the ordinary high water line with setbacks shown at variables of 85 feet, and 67.6 feet at the closest point to road or front property line, and from the high water line at variables between 55 feet and 92 feet, more or less, from line. Photographs furnished during the public hearing show there is a cluster of about twelve trees near the northerly front (road side) of the house, as exists. 4. PROPOSED VARIANCE. The applicant herein is requesting to locate a proposed 20 ft. by 24 ft. accessory garage a distance 35+- feet forward of the house and 10 feet away from the front (road) property line and five feet from the northerly side property line (abutting the Hauser property). The garage doors are proposed to be facing south into the proposed driveway and parking area. 5. AMOUNT OF RELIEF REQUESTED. Tht; amount of relief requested in relation to the Code requirements is substantial, being more than 75% of the code requirement with a 10 ft. front setback instead of the required 40 ft. front yard setback. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots of comparable size and different dimensions fronting along the creekfront. 7. EFFECTS OF RELIEF REQUESTED HEREIN. As part of the "balancing concept" established by Statutes pertaining to area variances, it is the position of the Board that: (a) there is no benefit to the health, safety, and general welfare of the neighborhood that would occur if the variance were to be granted, and the difficulties claimed are not uniquely related to this parcel; (b) an undesirable change will be produced by the grant of the relief requested for the proposed setback 75% closer than the code requirement since it will set a precedent in the neighborhood; (c) the grant of the relief requested will have an adverse effect and impact on the physical conditions of the neighborhood affecting visibility, openness, and natural benefits presently given to area properties with similar situations in this waterfront community; (d) the relief requested for a variance of 75% of the requirement is not the minimum variance deemed necessary and adequate; Page 3 - Appl. No. 4332 Matter of DR. ARTHUR HAF Decision Rendered September 13, 1995 (e) as noted in paragraph 5 above, the relief requested is substantial, and alternatives are available for an increased setback which would be able to afford little or no relief. (f) the front yard area is substantial in size with 5,000 sq. ft. or more of actual land area to locate a proposed garage without requiring removal of trees. Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, to DENY the relief as requested under Appeal No. 4332 for the reasons stated above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa and Tortora. This resolution was unanimously adopted. s s s lk ~CiSaLPe!C/~ - GERARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS eSUFF t(~ h~ss~ GGy Southold Town Hall Gerard P. Goehringer, Chairman o° .4 53095 Main Road Serge Doyen, Jr. W x P.O. Box 1179 James Dinizio, Jr. ~O g Southold, New York 11971 Robert A. Villa y~01 ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 3, 1995 Mr. James Fitzgerald Proper-T Services, Inc. P. 0. Box 617 Cutchogue, NY 11935 Re: Var. No. 4332 - Arthur Haf (Setbacks for Garage) Dear Mr. Fitzgerald: With reference to the above project, transmitted for your written record is a copy of the Board's findings and deter- mination rendered at our last public meeting. As confirmed by telephone with you, the setback relief was denied in the area chosen for several reasons which are noted in the determination. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Ik Enclosure Copies of Decision to: Sr. Building Inspector T.J. Fisher (Issuing Officer) Dr. Arthur Haf, D.V.M. 0 • APPEALS BOARD MEMBERS $13 FFOlt f-CO ti Gy Southold Town Hall Gerard P. Goehringer, Chairman o° ~e 53095 Main Road Serge Doyen, Jr. W x P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS:TOWN OF SOUTHOLD ------------------------------------x In the Matter of the Application of ARTHUR HAF -------------------------------------x CONFIRMATION OF POSTING 1, residing at , being duly sworn, depose and say: That on the day of September, 1995, I personally posted the property known as "1020 Strohson Road, Cutchogue, NY" by placing the Town's official poster Notice on a stake or tree on the subject property facing the road where it is easily seen, and that the poster has remained in place five days prior to the date of the public hearing (date of hearing noted thereon to be held Septem- ber 13, 1995.) Dated: September 1995. (signature) ~ ~ ~~gUFFO(,~C ~ APPEALS BOARD MEMBERS h~O ~Gy~a Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article 7¢V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cc mission- X_ Variance from the Zoning Code, Article ILIA Section 100-30.A.4 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4332 Applicant: Arthur Haf Location of Affected Land: 1020 Strohson Road, Cutchogue, NY County Tax Map Item No,: 1000- 103-10-25 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-or'-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 detatched _garage in a frontyard area on this waterfront parcel Copies of Town file and related documents enclosed for your review. Dated: October 5, 1995 APPEALS BOARD MEMBERS ~o~~gUFFO(,~CO h Gy Southold Town Hall Gerard P. Goehringer, Chairman c 4 4 53095 Main Road Serge Doyen, Jr. ti me P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~ol ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 3, 1995 Mr. James Fitzgerald Proper-T Services, Inc. P.O. Box 617 Cutchogue, NY 11935 Re: Var. No. 4332 - Arthur Haf (Setbacks for Garage) Dear Mr. Fitzgerald: With reference to the above project, transmitted for your written record is a copy of the Board's findings and deter- mination rendered at our last public meeting. As confirmed by telephone with you, the setback relief was denied in the area chosen for several reasons which are noted in the determination. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure Copies of Decision to: Sr. Building Inspector T.J. Fisher (Issuing Officer) Dr. Arthur Haf, D.V.M. v • • APPEALS BOARD MEMBERS o~~gUFFO(,~~, may. ~G,y p Southold Town Hall Gerard P. Goehringer, Chairman o ~c 53095 Main Road Serge Doyen, Jr. w x P.O. Box 1179 James Dinizio, Jr. WO Southold, New York 11971 Robert A. Villa y~lJ~l ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS OF FACT AND DETERMINATION Appl. No. 4332. Upon Application of ARTHUR HAF. Variance based upon the August 6, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33C) for permission to construct detached, accessory garage in a frontyard area on this waterfront parcel wOith reduced setback. Location of property: 1020 Strohson Road, Cutchogue, NY; Parcel No. 1000-103-10-25. WHEREAS, after due notice, a public hearing was held on Septem- ber 13, 1995, at which time all persons who desired to be heard were heard and their testimony recorded pro and con (ref. written transcript of statements made during the public hearing); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this new Appeal Application is based is dated August 6, 1995. The Notice of Disapproval issued by the Building Inspector is based upon a building permit application to construct a detached, accessory garage in a front-yard area on this parcel of land which fronts along Mud Creek (a/k/a Baldwin Creek). 2. CODE REQUIREMENTS. The relevant provi:;ions of the Zoning Code is Article IIIA, Section 100-30A.4 (and 100-33C) which states that 100-33C In the Agricultural-Conversation District and Low-Density Residential R-80, R-120. R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: C. In the case of a waterfront parcel, accc:;sory buildings and structures may be located in the front-yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. r • Page 2 - Appl. No. 433 Matter of DR. ARTHUR RAF Decision Rendered September 13, 1995 3. PROPERTY DATA. The premises in question consists of a total area of approximately one-half acre (21,182 sq. ft.) and lot width of 100 feet along Strohson Road. The survey dated March 27, 1995 shows the house is centered between the road and the ordinary high water line with setbacks shown at variables of 85 feet, and 67.6 feet at the closest point to road or front property line, and from the high water line at variables between 55 feet and 92 feet, more or less, from line. Photographs furnished during the public hearing show there is a cluster of about twelve trees near the northerly front (road side) of the house, as exists. 4. PROPOSED VARIANCE. The applicant herein is requesting to locate a proposed 20 ft. by 24 ft. accessory garage a distance 35+- feet forward of the house and 10 feet away from the front (road) property line and five feet from the northerly side property line (abutting the Hauser property)- The garage doors are proposed to be facing south into the proposed driveway and parking area. 5. AMOUNT OF RELIEF REQUESTED. Thc; amount of relief requested in relation to the Code requirements is substantial, being more than 75% of the code requirement with a 10 ft. front setback instead of the required 40 ft. front yard setback. 6. CHARACTER OF SURROUNDING AREA. The neighborhood consists of many lots of comparable size and different dimensions fronting along the creekfront. 7. EFFECTS OF RELIEF REQUESTED HEREIN. As part of the "balancing concept" established by Statutes pertaining to area variances, it is the position of the Board that: (a) there is no benefit to the health, safety, and general welfare of the neighborhood that would occur if the variance were to be granted, and the difficulties claimed are not uniquely related to this parcel; (b) an undesirable change will be produced by the grant of the relief requested for the proposed setback 75% closer than the code requirement since it will set a precedent in the neighborhood; (c) the grant of the relief requested will have an adverse effect and impact on the physical conditions of the neighborhood affecting visibility, openness, and natural benefits presently given to area properties with similar situations in this waterfront community; (d) the relief requested for a variance of 75% of the requirement is not the minimum variance deemed necessary and adequate; Page 3 - Appl. No. 430 Matter of DR. ARTHUR RAF Decision Rendered September 13, 1995 (e) as noted in paragraph 5 above, the relief requested is substantial, and alternatives are available for an increased setback which would be able to afford little or no relief. (f) the front yard area is substantial in size with 5,000 sq. ft. or more of actual land area to locate a proposed garage without requiring removal of trees. Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, to DENY the relief as requested under Appeal No. 4332 for the reasons stated above. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa and Tortora. This resolution was unanimously adopted. s s s Ik GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED E Y THE SOUTHOLD TOWN CLEF,s DATES HOUR T own Clerk, Town of 8outi:a L C 5 Basket Lane Hicksville, NY 11801 / o' August 28, 1995 \ Board of Appeals Town of Southold SEp - 5 ,1:, Town Hall Main Road Southold, NY 11971 _ Dear Members of the Board: In regard to the appeal of Dr. Arthur Haf of 1020 Strohson Road, Cutchogue (SCTM #1000- 103-10-25) for permission to construct a garage with less than required set-backs, I respectfully request your consideration to the comments put forth below: In this matter I represent my mother, Madelene Hauser, who is the Owner of the property adjacent (to the north) to Dr. Hafs property. Mrs. Hauser is a victim of Alzheimer's Disease and is a resident of San Simeon in Greenport. I have Power of Attorney to act in my mother's behalf. Our family has owned the property at 1200 Strohson Road in excess of 50 years and I myself have resided there, at least part time, for that duration. Further, it will be a permanent home for myself and my husband in the near future and will continue being a family home for our children and grandchildren as set forth in my father's will. Dr. Haf purchased the two family house situated on said property in June of 1995 and I do not understand why, prior to purchase, he did not investigate what the criteria regarding expansion, construction of any additional structures (i.e., garage), etc., would be. To assume he would place a garage with a 10 foot set-back from the road (others on Strohson Road have been denied such a variance in the past) and within 5 feet of our property line I feel is quite presumptuous. If he is granted the variance he is requesting, the garage would be in full view from a 5' x 8' bowed picture window in the master bedroom of our house, thereby blocking light, air and sun to our home and garden. The vista is also seen from our formal living room, as well as from our dining room. Moreover, if Dr. Haf is denied the appeal and must construct the garage 40 feet from the road and 10 feet from our line, we will be completely walled in at this end of our house. In this regard, directly south of the proposed site, Dr. Hafs property is cleared of any trees, shrubs, etc., and could accommodate the proposed garage without affecting our home or the property adjacent to Dr. Haf on the south boundary. In his reasons for appeal it states that any other location would necessitate the sacrifice of a number of mature oak trees - there are no trees - the property is clear. Board of Appeals ' Town of Southold -2- August 28, 1995 The sketch of the proposed garage depicts a very attractive structure which would certainly be an aesthetic plus to the neighborhood. To state in his reasons for appeal that other homes in the area have garages very close to the road is true, but these homes are in excess of 60-70 years of age and constructed when building codes and regulations were not as they are today. In closing, I would like to reiterate my concerns regarding the location of the garage in question - I do not oppose a garage but certainly feel that since another building site is available, the proposed location is inconsiderate. Further, I strongly feel that Dr. Haf had the option to investigate the town ordinances before purchasing the property and if the size of the plot precluded the ability to expand as he wished, he should have sought property elsewhere. Strohson Road is a quiet, attractive, friendly neighborhood with people who care about each other and respect each other's rights. I'm looking forward to being a permanent part of this area and would appreciate seeing the spacious "country atmosphere" prevail over a boxed in "city look". I am enclosing herewith photographs of the areas pertinent to the situation. Please refer to descriptions on the back of each photo as a means of identification. Thank you for your consideration in this matter. Very truly yours, Lorraine V. Losche/P.O.A. for A. Madelene Hauser Encls. - 6 photographs cc: Southold Town Building Department , S 1 # i~ r r } ( '`'r-~ k. ~ ' ~~„t, ' ~r _ , 1 1 ~ n t s"~ 1~~ C~~ ` ~ ; ~C~ S O O rY1 74 4 j.' i.i T a. i 1 11 O,v ,Na 1 ww- } } t vut'.G.:'r lY hhjj~tNN li r- lit Haase r/ F__i== 1 n a~ )f •:r• ~at,'F: 4 fid P and no '~~~5 Qn~ ~ r n~ 1GkbC~ r~ r l 1 l r. 1 S _ _ `f ~ .-Syy . ~ v lcO~ phc~-o y CIT f_: io acv, / CAPAGE. zo' X 24 ± A~''R6aCF~E1~; , LOT- AREA, zr,18,Z4 r~yE- ~TO2Y ft- p `~P.c,T)FPJIY OP; ARFHL*. +AP ` A15-017IoN M tb'-r)c._ l of o s~oN PD. l2 6 33 _ -IN{ OF I~UFF- IOC- C P -BkUFFF- ~ Of~i NARY tEc~ U9ATC1- UN;_ OIA L ; be l f~U~l C?Q~~ 1 i . A. M h ~ i G F 36 j' /~y - ,Zpr. tote Si-r.G.Qa. U. . C~ Fdwy~~ N y ¢ItoNT VIEW (sov N) r r mow. 4 1 1.: l._. SIDE vtEw CWEs7~ Gv~~~~a' py . l APPEALS BOARD MEMBERS ~o~OgUFFO(~ ~o Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. W x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~JJ O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~O Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 17, 1995 S, E. Q.R.A. TYPE II ACTION DECLARATION Appeal No.4332 Project/ Applicants: Arthur Haf County Tax Map No. 1000- 103-10-25 Location of Project: 1020 Strohson Road, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct detatched garage with insufficient front yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990).. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. me • O~~gpFFOLlre • JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK W P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: August 18, 1995 RE: ZONING APPEAL APPL. NO. 4332 - ARTHUR HAF Transmitted herewith is Zoning Appeal Appl. No. 4332 - ARTHUR HAF together with a letter from James E. Fitzgerald, Jr. dated August 17, 1995, agent for Arthur Haf, a letter from Arthur Haf dated June 19, 1995 authorizing James E. Fitzgerald, Jr. to act as his agent, a letter from Mr. Fitzgerald giving reasons for appeal, the Notices to Adjacent Property Owners, a drawing of the proposed garage, the Notice of Disapproval from the Building Department, a drawing of the property and proposed garage, the Short Environmental Assessment Form, the Zoning Board of Appeals' Application, a copy of the tax map and a copy of the survey map. Judith T. Terry Southold Town Clerk Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (516)734-5800 August 17, 1995 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for a Variance, SCTM #1000-103-10-25 (Arthur Haft Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the construction of a detached accessory garage on the property of Dr. Arthur Haf located at 1020 Strohson Road in Cutchogue. Proper-T Permit Services represents Dr. Haf in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. truly James E. Fitzgera /Jr. 1 Enclosures: Application fee (check, $400) Letter of Authorization Application Notice to Adjacent Property Owners Short EAF Tax Map ZBA Questionnaire Notice of Disapproval (Building Department) Project Plan Drawing Elevation sketches Survey of Property (original plus 6 copies) a subsidiary of THE PECONIC EASTERN CORPORATION 44A Jericho Turnpike Mineola, New York 11501 June 19, 1995 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of an appli- cation for a variance granting relief from certain zoning regulations in connection with the pro- posed construction of a garage and expansion of the house on my property located at 1020 Strohson Road, Cutchogue, and designated by Suffolk County Tax Map No. 1000-103-10-25, and to furnish, upon request, supplemental information in support of the application. Yours truly Z 4 6 V~ Arthur Haf, DVM N STA'L'E OF NEWWRK) i Pt16LIC9EARM0 SS: 1 :7~N ~IIfBRBB1~IVENgq~ ) 7bwn,Lew COUNTY OF SUFFOIK ) end the Code of the 7bwn of I .I 4) dw the f M tinny8an?4tk1 r~~ I IA RA. N/CJ~l J-' SO held UTt a s; Regain TO Mating of will to the of Mattltuck, APPEALS, a( the SomhoM 7AbwR.a Hall In said County, being duly sworn, says that he/she is 1513907915 Main Road, Southold. New York , on WEDNESDAY, SF.PTrM. Principal Clerk of THE SUFFOLK TIMES, a Weekly sp I3,1998mumendngaiftd. Newspaper, published at Mattituck, In the Town of apeciBed below` Southold, County of Suffolk and State of New York, 1. 7:32 P.M. Appl. NO 4331 DAVID and CLAIRE AIR variances and that the Notice of which the annexed Is a based upon the August 11995 Notitt Disapprove ratted by printed copy, has been regularly published In said lftPeclOr rower the zoning the Building Ordinance. Newspaper once each week for weeks Articles XX SWIM Sauon XXIII1SeclimA And vely, comm~pcIng on the day of 100-243A, and S [ 8 teas And 2mctB! ,ft. I dlAipj'peffg L .fit stmt[ ~`-limctural alterations .6d incteaae floor area of principal building. with nonconforming front yard and orming setbacks said with rwncoo- f 1 lA k /{t a A/; forming use(s), and to construct deck l~Q additions, seeweM of existing building setback line (within 75 feet of seawall). CHRISTINA VOLINSKI Location of Pmperty: 2072 villa r' ~ Nsfery Public, State of New York Principal Clerk Lane,04ent Psrcei.Ns ! i (r - it' % No. 6004884 2. 7:38 P.M. 6 I ° OQq-244i2 2-2 1 ` Ouh~ified in Suffolk County 7EOBERFa6~ 1 CommirSion Expires November 23 1 WHELAN. 1 , Variance ; ~1, based upon the July 31 ' 1995 Notice of Disepprcvil.irons he 1 Building Impactor, `Ardle fill t ' Notary Public Section 11 AA (ref.;100-' ),.fora -"building permit to conanuct accessory building in an area other than the Sworn to before me this required rear yard. TM subject proper. ty eonmdna an area of approx. 20,400 day of 5¢ . i9~ t tea- Lacaao : :160 Bungalow Lam 3. 7:43 p.m. Appl e . No. 4326 - STANLEY and SHARON SWAN. SON, Vmiame based upon the August 5, 1995 Notice of Dlsappm,al from Ihe BuildingInspector,;Article: ILIA,'. Section 100.30A.3 fa pemrlssg`^ju'i, exchange property (lot line adjustment) which will reduce the requited total sues of parcel IOW-141-2-21.5 (owned by Robert Hamilton) and increase the area of parcel 1000-141-2-15 (owned by Stanley and Shame Swanson) by approx. 8,129 sq. a. Property Location: Somberly side of Horton Avenue L, Lot #3 o Also mfemed to as pen of Lot f13 on the Minor Subdivision map approved 4-12-93 by the planning Board for Robert D. Hamilton. 4. 7:47 p.m. Appl. No. 4328 - ROBERT FEOER and THERESA TAYLORSpedal Exception under Article RIA,1'Seerlon-loo-308.foram, Accessory Bed and Breakfast Use in conjunction with the owner's existing single-family residence for the purpose of reeling 8rd serving of breakfast In a maximum of11x(6) ""dents notmore than three bedroom$ (aleximumj., Location of Property: 5370 Nasiae`' Point Road, Cutchog W, NY; Parcel No. 1000-1 I I-8-19. -5. 7:50 p.m. Appl. No. 4330 FLORENCE TILDEN. Variance based upon the July 26, 1995 Notice of `Disapproval from the Building FImpector, Arlkle.,lIIA,'.Salim 100. 11 i 30A3'f1b4pemtiasioi1, . garage addition to dwelling I~ Insufficient front yard and aide yard setbacks. Location of Property: 3100 Deep Holt Drrvt Meuimck. NY: Parcel No. 1000.115 1?: J 4~s 6 ?'7:55"p.m.' Apps N4q 32g9-- 'CHRISTOPHER MA . ERI. Variance based upon the July 24, 1995 Notice of Disapproval from. the Building Inspector, Article XVIII, Section 100-I81C(3) for permission to construct a single-family dwelling with Insufficient from yard setback in this cluster development. Location Of,' Propertyt~ 1455 Bvergfeen Drive, Cutchogue,' NY; County • 7 a , klap i. Parcel No. 102.14.4. - "7. 8:00 p.m. Appl. No. 4332 - ARTHUR HAF. Variance based upon the August 6, 1995 Notice - of Disapproval from - the Building Inspector, Article IIIA, Section 100. 30A.4 (ref. 100-33C) for permission to corutmct demched, en frontyard use m this 'cel with reduced setback. , - Location of property: 1020 ' Strohson Road, Cutchogue, NY; Parcel No. 1000.103- 10-25. . 8. 8:05 p.m. Appl. No. 4334 ESTATE OF CLOTILDA OLIVER. Varance based upon the August 18, 1995 Notice of Disapproval from the i APPEALS BOARD MEMBERS ~o~~gOFFO[,~ COGy ~ Southold Town Hall Gerard P. Goehringer, Chairman o° < 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Diaizio, Jr. ~g Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 5, 1995 Mr. James E. Fitzgerald, Jr. Proper-T Services, Inc. P.O. Box 617 Cutchogue, NY 11935 Re: Appl. No. 4332 - Arthur Haf Variance Dear Mr. Fitzgerald: Attached please find a copy of the Legal Notice published by our office for the above-noted public hearing to be held on Wednesday night, September 13, 1995 at the Southold Town Hall. Also, please be sure to post the enclosed "Notice" at the subject premises in a conspicuous place (facing the road on the front of the house, on a stake or a tree) where it can be easily seen by passersby. After it has been posted for five days, please return the enclosed confirmation, either by mail or submit it during the hearing. Thank you. Very truly yours, Linda Kowalski Enclosures Application of Arthur Hat SCTM #1000-103-10-25 REASON FOR APPEAL (Continued) 1 STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnecessM hardship because a garage is necessary, and any other location would (1) make it necessary to sacrifice a number of mature oak trees which now shade the house, (2) block the view from the road through the property to the creek, and (3) make parking and on-site auto- mobile movement more complicated and less effective in the use of ground space. 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 most properties in the area already have garages. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the addition of a garage in the front yard is common in many of the older houses on Strohson Road, especially SCTM's 1000-103-10-16 through 20. These houses have garages and driveways very close to the road, some with front yard setbacks from the property lines of much less than the ten feet requested in this applica- tion. With the garage sited as proposed, the view from the road and neighboring properties to the west is not obscured any more than it is a present by the existing house. Many of the older areas in the Town have similar characteristics. J es E. Fitzgerald REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because See attached sheet for responses to Paragraphd''l through 3. 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 ) Qi ss COUNTY OF ) [ Signa e . Sworn to this !f.......... day of .V G1JSl........................ 19,75 yjv--4~--. Notary Public JANE R. NOTA No 4853108, RY PUBLIC, stae EofVNow York 18, commission Expires Suffolk February 18, 192~ rt ~ BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Pat Iavarone Madelene Hauser 18 The Hollows c/o Lorraine Losche Muttontown, NY 11732 5 Basket Lane Hicksville, NY 11801 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is looted adjacent to your property and is des- cribed as follows: 1020 Strohson Road, Cutchogue SCTM #1000-103-10-25 3. That the ero party which is the subject of such Petition is located in the following zoning district: 4 That b~ such Petition, the Under si ned will request the following relief: Permission to con- struct an accessory garage as shown in the enclosed drawing; - relte f requested to to Conaft7uCt wtth 10158 than required fron't yard - -set_backs.- I S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Section 100-30A.3 ( ] Section 280-A, 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 the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 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 ers published in the hearing in the Suffolk Times and in the Long Island Traveler-Mattituck aesenta"v Town of Southold and designated for the publication of suc Anotic ve the right to appear and be heard at such hearing. Dated: August 17, 1995 r. vice P Owners' Names: Dr. Arthur Haf Pos[19:8c Box 617 Cutchogue, NY 11935 Tel. No. ( 516) 734-5800 cc: Southold Town Building Department ffi (Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIP S NAME A DRIEZ 02.7 776 858 7"027 776 857 Z 027 776'856 Receipt for Receipt for Receipt for Certified Mail Certified Mail Certified Mail No Insurance Coverage Provided No Insurance Coverage Provided No Insurance Coverage Provided aiineetruin. Do not use for International Mail Do not use for International Mail Do not use for International Mail (See Reverse) .~,.r sE.,,er ISee Reverse) Pns.,rsr..K. (See Reverse) sir t fat Iavarone ia~elene Hauser 'pt4ilding Dept "ree18"'The Hollows er rond * rra ne oar a ;uf6ir& Hall PD Fitftrtdtitown, NY 1173 io ev lie NY 11801 P It6it`hopide, NY 11971 PpmaBe $ Posta9c $ r"Ir aln $ '32 G,ndled Fee certain ran 1 CinO'd fee c Special Delivery Fee Speam Delmer R•.' Speaai Denver, Fee Result,,,, Delivery Ter; Resumed Dn-r., Fce Restricrad Delivery Fee V~ Return Rvern t Stromn l0 't p 9 Repute Rece,pt Showing Return Receipt Showing to Whom & Dere Delivered Ol In Whprn & Dam Denvered OF to Whom & Da,, Deirver Rn;i, Neceipt Sh L Return Receipt Showing io Whpnn L Realm Receipt Sh i Data, en Addr d Dam, and Addne,pn,'s Addre Date, and Addr f TOTAL Poste I TOTAL Pw Av - . /mot & Fees P.ic., AN c& Feae t L G o& Fees r- C Postmark o 19 7FJ C Postmark or Date Muu J O postmark or € ~p 1lT to E IL k0 ~"W 4 LL .r7 i a APPS - i 8 STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) James E. Fitzgerald, Jr. residing at 385 Haywaters Drive cutchoguep NT 11955 being duly sworn, deposes, and says that on the day of August _'19 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 the current assessment roll of the Town of Southold; that said Notices were mailed at the United.States Post Of- fice at Cutehogue NY 11935 ; that said Notices were mailed t a said persons by (certified) n22tmail. r Sworn to before me this 5filf0eeNyli day of 14UGusT -119 '75-_ Qiias._ r ~*nt.e.tvU'a~ Notary Public , JANE R. MINERVA NOTARY PUBLIC, State of Now Yolk No. 4853108, Sullolk County / Commission Expires February 18, 19-0Q6 (This side does not have to be completed on form transmitted to adjoining property owners.) 1&164 121671-Text 12 PROJECT I.D. NUMBER 61721 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME James E. Fitzgerald, Jr. Arthur Haf garage 3. PROJECT LOCATION: Municipality Cutchogue County Suffolk A. PRECISE LOCATION (Street aodresa and map intersections, prpmlnent Ian armir • eta. or onrnoe maol 1020 Strohson Road, Cutchogue. See attached map. S. IS P~rRyyOyy POSED ACTION: U^ New ? Expansion ? Modlflgtlordalteratlon 6. DESCRIBE PROJECT BRIEFLY: Construct accessory detached garage. 7. AIMitiOUNT ly OF LV FFECT' l1U sere! acres Ultimately 500 -a. f a. WILL PROPOSE4ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ?Yea No If No. describe bnefly Proposed accessory garage is permitted in the front yard, but will have insufficient front yard setbacks. 9. WHAT Is PRESENT LAND USE IN VICINITY OF PROJECT? rCI Residential L~ Inoustnal ? Commercial ? Agriculture ? ParlUFOrestlOpen space ? Omer - Descrlbe: Small- to medium-sized private residences. 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY IFEDERAL. STATE OR LOCAU? l0: Yea ? No II Yee• list agency(to and perltuttanpfovals Permits/approvals required: Southold ZBA, Southold Building Dept it. DOES ANY ASPECT OF THE A(- : HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? 0 Yea ILX- N.. It Yet list agency name and Permpapproval ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? 12. AS A RESULT A NO ? Yes [ONO I CERTIT.Y_N 8 )N 0 ~PeR.0y10E0; B JJt TPf8 THE BEST OF MY KNOWLEDGE Aopticanusponso/name: caner t /,/I'a1Q I Date.. 8 1j7 jgIj Signature: t action is in the astal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made Ly this Board . before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS- (a) la 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 project is not significant.. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically•alter more than 10 acres of land? Yes : X. No 2. Will there be a major change to any unique or unusual land farm on the site? Yes. X No 3. Will project alter or have a large effect on an existing body of water? _Yes X No 4. Will project have a potentially large impact on groundwater quality? Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal species? - Yes J% No 7. Will project result in a major adverse effect on air quality? _Yes YNo S. 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 y 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 agenc'i.? Yes X No 10. Will project have a major 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 systems? _Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes X No 13. Will project have zany 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 5 percent overa one-year period or have a major negative effect on the -Yes Na character of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes X No Preparer's Signature: Representing.-Dr. Arthur Haf pate: 8/17/95 ZSA 9/75 Re: Dr. Arthur Haf: SCTM #1000-103-10-25 QUESTIONNAIRE 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 subject premises and a description of their interests: (Separate sheet may be attached.) None B. Is the subject premises listed an the real estate market for - sale or being shown to prospective buyers? ( } Yes (X } No. (.If Yes, please attach cagy of "condli-J ans" of sale.) C. Are there amy•proposals to change ar alter Imid cantcurs? ( } Yes (X} No D. 1. Are there any areas which contain wetland grasses? 17 2. Are the wetland areas shown on the map submitted with this application? No _ 3. Is the property bulkheaded between the wetlands area and the upland building area? No _ 4. If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? No E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? No If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel Private residence and proposed use es epee 8/17/95 Aut zed Signatu and` ate 3/`~ 10/901k / § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. (Added 6-5$4 by LL. No. 6-19841 WEIMANDS (Amended 8-26-76 by LL No. 2-1976: 3-26- 85 by LL No. 6-1985k A i1DALWETLANDS: (1) All 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 but not limited to banks, bogs, salt marsh. swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which gmws or may grow some or any of the following: salt hay, black grass. saltworts, sea lavender, tall cordgrass- high bush, cattails, groundsel. marshmallow and law march rardgrasrand/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24• Ti- tle 1- § 2.1-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land 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 wgdand." 9705 z•vs.es