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HomeMy WebLinkAbout4241 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appeal No. q241: Application of RICHARD LAN; This is a request for a Variance under Article, IliA. Section 100-30A,4 (ref. Article III. Section 100-33) based upon the May, 4. 199~ Notice of Disapproval from the Building Inspector in a building permit applicaUo~ to construct pool and deck in the front yard area. as an accessory use. Location of Property: 230 Bridge Lane~ Cutchogue. NY; County Tax Map Parcel No. 1000-111-1S-1.4 and 1.5 (Tax Map Parcel No. 1.4 totals 2.478 acres and Parcel No. 1.5 to*als 1.088 acres). The subject premises is located in an R-qO Low. Density Residential Zone District. WHEREAS. a public hearing was held on June 8. 199~. at which time all persons,who desired to be heard were heard, and WHEREAS. the Board has carefully considered all testimony and documentation submitted concerning this appli~tion; and WHEREAS. Board Members have personally vieaeed and are familiar with the premises in questim~, its present zoning, and the surround- ing areas: and WHEREAS. the Board made the following findings of fact: 1. The premises in question is a described parcel of, lard located at 455 Bayberry Road. Nassau Point. Cutchogue. New York. and consists of a total lot area of 3.566 acres. The subject promises fronts along Bridge Lane to the south, and partly, along Bayberry Road to the west. and along Bayberry Road to the north. 2. Proposed by this variance application is a 20 ft. by 52 ft. accessory swimming pool structure with 20 ft. by 10 ,ft. open deck on the east side and 15 ft. by 15 ft. open deck on the south side. all of which is to be located qO feet from the front westerly property line at its closets point (and 50 feet to the actual edge of the payment of Bayberry Road). 3. Article III. Section 100-33A of the Zoning Code provides that: Page 2 - Appl. No. q2111 Applicatio~ of RICHARD LAN Decisi~r~ Rendered June 13. 199q ...accessory buildings and structures 0r other accessory uses shal~ be 10cared ~n the required rear yard..., and ~. Section 100-2~14~ provides for a minimum fifty (50) ft. front yard setback requirement for lots having ~0.000 sq. ft. of land area. or more. in this R-q0 Low-Density Residentia~ Zone District. S. It is the opinion of: the Board Members that the area chosen is not the minimum necessary and find that a setback at a minimum of ~S feet from the front property line (to the west) is available in the same front yard area which is mere feasible and within the character of the surrounding areas. 6. Also. in considering this application, the Board finds: (a) that the location of the proposed swimmingpeel structure at ~5 feet or less from the front property line will not create an undesirable, change in the neighborhood; {b} that the relief, as requested, is substantial at 20 perce~t, although the alternative relief is not substantial at 10~; (c) the alternative relief at a q5 ft. setback possibte without difficulty and available for appellant to pursue which would, be more feasible, under the circumstances; (d) the property as a whole consists of mostly front yard area and does lend to difficulties in locating accessory buildings in a rear yard; {e} the grant of the alto~native relief noted herein is the minimum necessary and does. at the same time. preserve and protect the character of the neighborhood, health. safety and welfare of the community. Accordingly. on motion by Member Wilton. seconded by Member Dinizio. it was RESOLVED. that the request of the applicants to locate an accessory swi,,=,ingpool structure inthe westerly front yard area with a setback at ~O feet. be and hereby is DENIED as applied, and be it further RESOLVED. that the following ALTERNATIVE RELIEF be and hereby is granted: 1. That the proposed swimmingpoel and deck areas not exceed 20 ft. by 52 ft. in size. 20 ft. by. 10 ft. and 15 ft. by 15 ft. deck as sho~n on the sketch submitted under this applioation; 2. That the existing screening {shrubs) be continuously maintained in good condition at all times to screen the pool structure from the street; Page 3 - Appl. No. ~2ql Application of RICHARD LAN Decision Rendered June 13, 199q 3. That there be no overhead or other lighting that is ~adve~se to neighboring areas; alt lighting must be shielded to the property without glare or disturbance to nearby areas. ~. That the setback from the westerly (front) property line be no closer than q5 feet for this proposed swimming pool structure, at its closest point. 5. That this variance will expire two years from the date of the filing of this, determination with the Town Clerk's Office, except when a building permit has been properly obtained and construction commenced for the subject accessory structure. 6. That future enlargement or expanskm of, the structure, and/or conversion to, or addition of, a building, will require further application and consideration by the Board of Appeals. Vote of the Board: Ayes: Messrs. Dinizio, Wilton and Goehringer. (Members Villa and Doye~ were absent. } This resolution was duly adopted. Ik GERARD P. GOEHRINGER; ,C~IAIRMAN BOARD OF APPEALS RECEIVED AND FIT.ED BY SOUTHOLD TOWN CT. X Town Clerk, Toxvn c[ Souihold APPEA!-~ BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyel~ Jr. James Dinizio, Jr. Robert A. Villa Ri~hA~cl C. Wilton Telephone (516) 765-1809 BOAP, D OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS~ at the Southold Town Hail, 53095 Rain Road, Southold, NewYork 11971, on WEDNESDAY~ JUNE 8~ 19~4~ commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4235 - KlM FALLON and CYNTHIA SUTRYK. (Hearing Continued from May 4, 1994) This is a request for a variance based upon the April 4, 1994 Notice of Disapproval from the Building Inspector to locate accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel 1OOO-94-2-5. 2. 7:35 p.m. Appl. No. 4234 - ALEX AND MARION WIPF. (Hearing Continued from May 4, 1994). This is a request for a variance under Article Ill, Section 1OO-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue,~ NY; County Tax Map Parcel No. 1000-103-13-7. Page 2 - Notice of Heari Southold Town Board of ApPeals Regular Meeting of June 8, 199~, 3. 7:40 p.m. Appl. No. 4246 - LKC CORP. and JASTA~ INC. This is a request for a Special Exception for permission to establish a drinking establishing use as listed under Article Xl, Section 100-101B in an existing principal building. The subject premises is nonconforming with a lot area of approximately one-half acre and 115+- ft. frontage along the north side, of the Main Road and is the B-General Business Zone District. Property Address: Road, Laurel, NY; County Tax Map No. 1000-122-6-36, located, in 6955 Main 4. 7:50 p.m. Appl. No. 4245 - GEORGE AND SUSAN TSAVARIS. This is a request for a variance under Article XXIll, Section 1OO-239.4A for permission to locate swimmingpool with fence enclosure within 100 feet of the bluff of the Long Island Sound. Location of Property: 2170 The Strand, Lot 111 at Pebble Beach Farms~ East Marion, NY; Parcel ID No. 1000-30-2-53. 5. 7:55 p.m. Appl. No. 4244SE - DEPOT ENTERPRISES~ INC. This is a request for a Special Exception, as amended, to include approval for the location and use of a proposed addition,to the existing principal buiidinglocated at 320 Depot Lane, Cutchogue, New York. The proposed addition is an expansion of the existing recreational membership club and is located in the Residential-Office (RO) Zone District. Property ID No. 1000-102-2-12.1. 'P~ge 3 - Notice of Heari~ Southold Town Board'of Appeals Regular Meeting of June 8. 1994 6. 8:05 p.m. App]. No. 4249 - SANFORD AND SUE HANAUER; This is a request for a Special Exception to establish and operate a Bed and Breakfast in accordance with the provisions of the zoning code at Article III, Section 100-31B(t5), with owner-occupancy, and as an accessory to the existing principal residence. Location of Property: 4105 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-3-part of 1.7, also known and, referred'to as Lot No 2 on the Subdivision Map of Robert and Jean Lenzer. 7. 8:10 p.m. Appl. No. 4240 - JOHN CROKOS. This is a request for a variance under Article XXlX, Section 1OO-239.4A based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for permission to locate swimmingpool with fence enclosure within 1OO feet of the bluff along the Long Island Sound. This property was the subject of prior Appeals under Appi. No. 4204 as rendered. 12/8/93 and Appl. No. 4140 as rendered 2/23/93. single-family dwelling and sq. ft. (total lot Drive, Orient, NY; Tax Map Parcel No. The subject premises is improved wlth a contains an area of approximately 40,000 area). Location of Property: 2110 Grand View Lot No. 7 on the Map of Grand View Estates; County 1000-14-2-3.11. 8. 8:15 p.m. Appl. No. 4241 - RICt~-~AN.. This is a request for a variance under Article ILIA, Section 1OO-3OA.4 (ref. Article Ill, Section 1OO-33) based upon the May 4, 1994. Notice of Disapproval from the Building Inspector in a building permit application to construct Page u, - Notice of Heari Southold Town Board of Appeals Regular Meeting. of June 8. 199u, pool and deck in the front yard area, as an accessory use. Location of Property: 230 Bridge Lane, Cutchogue, NY; County Tax Nap Parcel No. 1000-111-15-1.4 and 1.5 (Tax Nap Parcel No. 1.4 totals 2.478 acres and Parcel No. 1.5 totals 1.088 acres). The subject premises is located in an R-40 Low-Density Residential Zone Distrlct, 9- 8:20 p.m. Appl. No. 4243 - MOORE'S LANE HOLDING CORP. This is a request for a variance under Article V Section 1OO-53B, Section 1OO-31C (ref. Section 1OO-33), and Section 1OO-231, based upon the Nay 4, 1994 Notice of Disapproval from the Building Inspector for permission to locate accessory uses (tennis court, swimmingpool and pool clubhouse) in an area other than the required rear yard, and with tennis-court fencing at a height of more than four feet when located in a front yard area. Location of Property: 475 Cedarfields Drive, Greenport, NY; County Tax Nap Parcel No. 1OOO-40-5-1.42. The subject premises is located in the Hamlet-Density Zone District.' 10. & 11. Property: Parcel No. 8:25 p.m. TONY AND MARIA KOSTOULAS. Location of 1035 Aquaview Avenue, East Marion, NY; County Tax Map 1OOO-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. Appl. No. 4098 (Continued Hearing) This is a request for a variance under Article XXIII, Section 1OO-239.4 for approval of a deck extension located within 100 feet of the bluff of the Long Page 5 - Notice of Hearin Southold,Town Board of Appeals Regular,Meeting of June 8. 199u, Island Sound; Appl. No. 4248 - This is a request for variance under Article IliA, Section 1OO-3OA.3 for approval of a deck addition with insufficient side yard setbacks. 12. 8:35 p.m. Appl. 4247 - HUGH T. and CAROL L. CONROY. This is a request for a Special Exception to establish an Accessory Apartment in conjunction with the owner's occupancy within existing residence as authorized under Article III, Section 1OO-3OA,2B and Section 1OO-31B(14) of the Zoning Code. Location of Property: Westerly side of Gin Lane, Southold, NY; also referred to as Lot #2 on the Subdivision Map of Bay Haven filed in the Suffolk County Clerk's Office as Map 2910; further identified on the County Tax Maps as 1OOO-88-3-6. 13. 8:55 p.m. Appl. No. 4239 - MARGARET BEST and ADYLYN SYVERSON; This is a request for a variance under Article ILIA, Section lO0-3OA,1 based upon the May 2, 1994 Notice of Disapproval by the Building Inspector for approval of the proposed insufficient lot area and insufficient lot width of proposed Parcels #1 and #2. Location of Property: Private Road #17 extending off the easterly side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-6-17 The subject premises contains a total lot area of approximately 1.2 '' P'acje'6 - Notice of Heari~ Southold Town Board ~ofA~peals Regular Meeting of June 8. 199q acre(s) in total area and is located in the R-~O Low-Density Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing wi]l not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: May 23, 199q, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · . Date .,~/~'. ............... ..... , 19 .. ~.~., /.,. d~. . : ~.< ?~ ..... ~ . 7 ....... _/ County Tax Map No. 1000 Section ... Z4~ ...... Block .... 4.~ ...... ~t .. J.~..~. ~.¢~ Subdivision ................. Filed Map No ................. Lot No ................... ..~...~.-~..~..~..~..~...~..~.~:~.~....~..~..< ...... ~.... .... .~. ~.~.-~: .... ~.~..~..~ '~~'~:--,. ~¢...¢~..~.~~. ~,' · ~ildi~ Inspector '' Exalnined ...'.rff./ff./.. ...... Approved ........ ! ......... 19 ... Permit No ........' ..... ~ ' · ......... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765-1B02 ., 19 ?./t~ \ B CA R~l~ F IIEALTII ............ 3 SE~OF PLANS ............ SUEVE¥ ..................... CIIEGK ...................... SEPTIC FORH ................ NOT1FY CALL ..................... MAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date Max 4~ 1'994 INSTRUCTIONS a. Tiffs application must b6 completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. PIct plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the. Building Department for the issuance of a Building Permit pursuant to the Bui ding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other~atmlicable Laws, Ordinances or Regu ations, for the construction of buildings, additions or alteration,s., or-fox, femoral ~d}~'~n, as herein tt~a,cribed. The applicant agrees to comply with all applicable laws, ordinances, (l~uild'.m.g o~e, h~n~ regul/a~s,/Ja?d to admit authorized inspectors on premises and in building for necessary i~ /}~"/~ // / / / P~ OPER T SERVICES (~;i'g;l~/ta/e'°'i"a~plicant' P.O. ,~.x t;17, Cutchogue, NY 11935 ,. (Mailing address of applicant) p~one: (St6) 734-5800 State whether applicant is owner, lessee, agent, ~rchitect, engineer, general contractor, electrician, plumber or builder. ....... A~p~.~.qa.n..~..~.~...~.h.~. agent .Of. tS~ own~c Name of owner of premises .. · .R.~.qh. ~?.6..~. O..n .......................................................... (as on the tax roll or latest deed) If applican..t is a corporation, signature of duly authorized officer. (Name and title of corporate officer) · Builder's License No..~ ..... lq.../,~ ............... Plmnber's License No ....... l'J/b- .....~ ......... Electrician's License No ..... N../~ ............... Oilier Trade's License No .... N../. ~ ............... I. Location of land on which proposed work ,.'.'ill be done ............................ ,: ...................... 250 Bridge Lane, Cutehogue ................ - .................. Ilouse Number Street Itamlet County Tax Map No. IO00Section · 111 Block 15 Lot 1.4 .~. ]:~. Filed Map No. Lot ............... Subdivision ................................................... (Name) 2. State existing use and occupancy of premises and intended use and occnpancy of proposed construction: Private residence a. Existing use and occupancy .................. '",/~ · .. .Pr.tv. at b. Intended use and occupancy .... e. a:~&cl, onee .......... .. . .................. 3. Nature of work (check ~vhich applicable): New Buildiug . Addition .......... Alteration r ......... deck Repair .............. Removal .............. Demolition ............ Other ~Vork Pool .&. ...... (Description) Not yet estimated ' 4. Estimate'd Cost ...................................... Fee ...................... If d l\ (to be paid on filing this application) $. welling, number of dwelling units One Number of dwelling units on each floor. If garage, number of cars ...... Two ..... If b fly typ ..... 6. usiness, commercial or mixed occupancy, spec 'nature and extent of each · of use .................... 7. Dimensions of existing strUctures, if any: Front .... ' .........x... Rear .............. Depth ......... Iteigbt Number of Stories ..... Dimensions of same structure with alterations or additions: Front Rear Depth ..................... . Height ...................... Number of Stories ........... 8. Dimensions of entire new construction: Front ... * Rear Depth ...... Height ... :. ~ ......... Number of StOries ......................... 9. Size of lot: Front ................. Rear ............... ePth ...... I0. Date of Purchase . ................. ..~. ........ Name of Former Owner ............................. I I. Zone or use district in which premises are sifliated .R:.4.O. . 12. Does proposed construction violate any zoning law, ordinance or regulation: "/'es 13. Will lot be regraded ...P.a.r.~.J:..a.l.l.y. ........... Will excess fill be removed front premises: Yes X No 14 Name fO fp i Add Pho No ' Name of Architect ........................... Address ................... Phone No ................ Name of Contractor Address Phone No ' 15.Is this property located vithin i00 feet of a tidal vetland? i'/ES.~...NO .... tlf yes, Southold Torn Trustees 'Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-hack dimensions from property fines. Give street and block number or description according to deed, and show street names and indicate whether nterior or corner lot. * It is proposed that an in-ground pool, approx 20' x 60', surrounded by approx ~O' decking be constructed. Approx overall size will be 40' x 80' more or less. * Dimensions vary; see survey. Area is 3.566 acres to tie lines. * Owner: Richard Lan 48 E. 57th St New York, NY 10022 NOTE: See attached sketch, which is tracing, of enlargement of a portion of the survey, for proposed "envelope" within which the' pool and surrounding deck will.be constructed.. 3TATE OF NEW 'YORK, :OUNTY OF..S.I-J..P.F.O.I!.K. ....... S.S .,, James E. Fitzgerald, Jr. ................................................. being duly sworn, deposes and says that .lie is the applicant · (Name of individual signing contract) .... ~bove named. te is the .aig.e.n.~. (Contractor, agent, corporate officer, etc.) ,f s;fid owner or owners, and is d,Jy authorized to perform or have performed tile ~aid work and to make and file thi~ pplicalion; fltat all statements conlained in this application are true to tile best of his knowledge aud belief; and that the 'ork will be performed in tile manqer set forth in tile application filed therewith. Worn to before me this ...... ......... day.or Nota~ Public, State of Now Yo~ No. 4951364 Gualified in Suffolk Coun~ Commission ~pires. May ~, TOWN OF SOUTHOLD, NEW YOi~K APPEAL FROM DECISION OF BUILDING INSPECTOR RECEIVED MAY 5 1994 Sout-hold Town4./Cl~.~k~/ APPEAL NO. Ma 5x 1~.94 DATE .......... ~.. ............... TO THE Z~)NING BOARD OF APPE6L,S, T..OW.N OF SOU!HQLD, bi, Y., . dames E. Fitzgera±G, dr/Proper-'z' ~erml~ uervzoes I, (we)...E..o.;T...~j,~h~,~'.d..La~,...Q~e~. ........... of ..... ~.^D.~..~..~.].7.. ......................................... Name of Appellant Street and Number Cutchogue NY 11935 EREBY ............................ HAPPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ................................................... . . · WHEREBY THE BUILDING INSPECTOR DENIED TO Same as APPELLANT, above Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOP, OCCUPANCY (X) PERNIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY .2..~o...~)~,.~.~.~e...J~)3~-r~.-~.~F,~h..~q~ .............. ~.~.~.0. ............. 1.4btreet /Hallllel; / Use District on Zoning Map District 1000 Section111Block l~ot 1.5r ..... * Owner Richard Lan Mop No. .Lot No, Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-3OA. 4 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. Laws Art. 16 Sec, 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~ (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 { ) request for a variance and was made in Appea! No ................................. Dated ,.~ .......................... t .................. ; ..................... REASON FOR APPEAL ( ) A Variance to Section 2SOA Subsection 3 (~) A Variance to the Zoning Ordinance ( ) is requested for the reason that tile additJ, o~ o£ a s~imming pool .and de.ckiz3g as an accesso.ry to the resider~ce already existing on the property will provide the opportunity for greatly enhanced enjoyment of ' the property by the owner, his family, and their guests. Fon~ ZI~I (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce p~cticaldifficultiesorunneces- sa~ HARDSHiP because it would preclude the construction of a swimming pool and decking on a property larger than 3.5 acres because this property happens to be bordered on several sides by public roads and therefore has mostly "froqt yards" within which accessory struc- tures must be located. 2. The hardship createdis UNIQUE andisnotshared by all prope~ies alike in the immedi~e vicinity ofthis property and in this use district because the configuration of the property and its topographical characteristics, together with the ' size, configuration, and location of existing structures-'suggest the p~opos-e;d location for the pool and decking as the most desirable and practical. The entire 3.5 acres does not anywhere include sufficient rear yard space for ~his acc~'ory use. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRiCT because the addition of the pool and.decking is in keeping with customary uses of property in the Town and on Nassau Point, especially on residential lots of this size. The topography of the site is such that the part of the pool nearest Bayberry Road will be several feet above the grade of the road, and therefore will be essentially unnoticeable. STATE OF NEw YORK ) ). COUNTY OF ) Sworn to this ................................ ; ............. day ........................................ ......... ~/ Notary Public /(~oo-//L./~-./~ TOWN OF SOUTHOLD PERTY RECORD C~RD oWNER FORMER OWNER STREET S VILLAGE LOT DISTRICT SUB. ACRF~&GE TYPE OF BUILDING FARM COMM. JlND. JCB. MISC. TOTAL DATE REMARKS ~z~Ao/'~,,/~//),s r / ~, ~ 'Est. Mkt. Valu4~' 9'666 3(~oo / ~'o OAGE NEW Farm Acre Tillable I BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland Brusf~land ~ House'~l$~'~ TotoF~ .~ ! ' ' ' i oF~ ' " /.. ~?~,/ / , ,---- . , . .~/- '"~' ~c ~'~~ ' "- " ' ~ ~" ' /2~ ,-- /iCe, W/ ~ - . OVE FRONTAGE ON WATER . ~ .',~ * C Volu~ P~r Acr~ Value FRONTAGE ON ROAD Extension [×tension Extension _ j~Ext. Walls ' Fire Place Foundation .... C ./~ B~th ,/~., ,: Floors Porch x "';' " .... ,, I ~___ ,:~ ( Porch .~ ~-A~ -- .., .. - o. B., "t ,: ~ ' //,¢ Interior Finish Heat iRoof Type Rooms ]st Floor Rooms 2nd Floor Dormer '- -~ TOWN!!OF SOUTHOLD ~PROPERTY RECORD CARD Lvo~ - ///·/.¢ -/,.~ :!~WNER STREEE ~._ ~ VILLAGE DIST. SUB. LOT 8' &'I~F ' S ; W TYPE OF BUILDING ~ND IMP. TOTAL DATE Tillable FRONTAGE ON WATER W~lond FRONTAGE ON ROAD Meod~ DEPTH Hou~ Plot · BULKH~D Total ~ ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, .Ir. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 -' .July 21, 1994 Mr. James E. Fitzger-ald, Jr. P~oper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: Appl. No. 4241 - Richard Lan P~oposal to Modify Pool with Deck in F~ont Yard Dear Mr. Fitzgeruld: Today we received comments from the Board Members with reference to the owners' proposal to amend the proposed pool and modify the deck area, although with a 45-ft. setback limitation to the property lines. The Board Members have no objection to thi~ amendment provided the setback is not less th.~ 45 feet from the property lines o Please furnish the Bul]dlnE Department with a copy of thl, letter when you make application for a bulldln~ permit. Very truly yours, co: Building Department Linda Kowalski, Clerk Boa~l of Appe~l.~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 INQUIRY FOR REPLY TO: FROM: DATE: RE: Jim, Bob, Rich, Serge and Jerry ZBA Office July 18, 1994 Proposed Modification - Richard Lan at Nassau Point Pool Size and Added Deck Area Please confirm whether or not you will require a new review and new application for the attached modifications to the proposed pool and new deck areas in the front yard area. A copy of the old sketch and copy of the attached for your convenience in comparing received today. Board's conditions are with the new sketch, Please call us as early as possible in order that we may notify Mr. Fitzgerald. (Hearing no response will be taken as a "no further requirement".) Thanks. further Attachments APPEALS BOARD MEMBERS Gerard P. Goehdnger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 July 18, 1994 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: Appl. No. 4241 - Richard Lan Proposal to Modify Pool with Deck in Front Yard Dear Mr. Fitzgerald: We are today in receipt of your letter which indicates that the property owners wish to amend the proposed pool and modify the deck area, although with a 45-ft. setback limitation. Copies are being distributed to Board Members for their opinion as to whether or not the modification will require a new application. It is expected that we will receive their recommendation or other input within the next ten (10) days. Very truly yours, cc: ZBA Chairman and Members Linda Kowalski, Clerk Board of Appeals Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 July 12, 1994 .... (516) 734 - 5800 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Appeal No. 4241, Richard Lan, SCTM #1000-111-15-1.4 & 1.5 Dear Sir: Mr. Lan has provided a revised drawing of the pool and deck area proposed for construction under this approved appeal. A copy of his sketch is enclosed. He assures me, and he assures the Board, that no part of the construction will extend closer to the property line, as previously determined, than the 45 feet specified in the approval. If you require anything further to permit you to accept this change, please let me know. a subsidiary of THE PECONIC EASTERN CORPORATION July 7, 1994 ff Re; AppealRichardNO.Lan4241 I [~-~ ~'(-~'~ SCTM #lO00-111-15-1 .~/1.5 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 July 21, 1994 1~. James E. Fitzgex~dd, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: Appl. No. 4241 - Richard Lan Proposal to Modify Pool with Deck in F~ont Yard Dear M~. Fitzgerald: Today we ~eceived comments f~om the Boa~l Members with reference to the owners~ proposal to amend the proposed pool and modify the deck aroa, although with a 45-ft. setback limitation to the property lines. The Beard Members have no objection to this amendment provided the setback is not less th~. 45 feet from the property llnes. Please furnish the BulJdlng Department with a copy of thi~ letter when you make application for a bulldinE permit. Very tx~tly yours, cc: Building Department T.inda Kowal~ki, Clerk Board of Appeals .Page 73 -Hearing Transc~t Regular Meeting - June Southold Town Board of Appeals Tape ~-51[I. 9:32 P.M. MR. CHAIRMAN: Appl. No. u,2~1- Rl~"~l~. This is a request Article for a variance under Article IliA, Section 100-30A.tt (ref. III, Section 100-33)based upon the May 4, 199t[ Notice of Disapproval from the Building Inspector in a building permit application to construct pool and deck in the front yard area, as an accessory use. Location of Property: 230 Bridge Lane, Cutchogue, N.Y., County Tax Map Parcel No. 1000-111-15-1.[[ and 1.5 (Tax Map Parcel No. 1.It totals 2.1~78 acres and Parcel No. 1.5 totals 1.088 acres). The subject premises is located in an R-u,0 Low-Density Residential Zone District, copy of a survey produced by Robert Van Tuyl, P.C. Along with that I have a photocopy out of that indicating the nature of the pool area and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. The approximate placement of the pool envelope is approximately 18 feet from Bayberry Road line. That is from the property line not the road. Mr. Fitzgerald JAMES FITZGERALD: If you're looking at the map thatshows the distance as 18 feet there is a submission which more clearly ( ) the lines. MR. CHAIRMAN: Right I~m aware of that. Yes, I know I had looked at that and --- MEMBER VILLA: The one marked in pink? F~age 7~, -Hearing Transc.~. Regular Meeting - June 8, 1990, Southold Town Board of Appeals MR. CHAIRMAN: Yes, and I had some how skipped over and I thank you for mentioning it. So now we're talking approximately 50 feet? JAMES FITZGERALD: Yes, it's 50 feet to the edge of the pavement as I indicated in the letter. MR. CHAIRMAN: What is it to the property line? JAMES FITZGERALD: The road is an irregular curve and at that point the grade of the road is 6 to 8 feet below the grade and vary with the pool. MR. CHAIRMAN: What's the approximate distance of the property llne? Did you measure that? JAMES FITZGERALD: No, I didn't. MR. CHAIRMAN: How close is it to the Long Island Sound? Several miles, right? JAMES FITZCERALD: I think, but on the map it would have to be scaled from the map and it looks like it would be ~,0 feet or so. MR. CHAIRMAN: This is unenclosed, thereSs no intentions of putting any structure around this? The deck areas are additions to and the pool is 20 x 52? JAMES FITZCERALD: Yes. MR. CHAIRMAN: I'll ask my Board Members if they have any specific questions? MEMBER VILLA: Yes, how much of a variance are you looking for? This is a setback so the front yard would be what I~0 feet 50 feet? BOARD SECRETARY KOWALSKI: What's the size of the property again? Page 75 -Hearing Transc~ Regular Meeting - June Southold Town Board of Appeals MR. CHAIRMAN: Well, there actually JAMES FITZGERALD: There 2.l~5 acres. There are two separate parcels but it's my understanding thatthere owned in one name although they may not technically have been merged. They have potentially been merged. BOARD SECRETARY KOWALSKI: What's the size? JAMES FITZGERALD: The problem is that there, the almost the entire property although it's 3-1/2 acres it's front yard. It has roads on most of the sides. MEMBER VILLA: I don't have any problem with that. I just was trying to keep the proper setback. BOARD SECRETARY KOWALSKI: I think it's 60 feet. 60 feet is required if you're over two acres. MEMBER VILLA: Is there any reason why the pool can't be turned 90 degrees and run the other way? JAMES FITZERALD: Yes. MEMBER VILLA: I looked at it. I was there today and looked and it was, the area is opened basically and it would, it could fit. JAMES FITZGERALD: It is, but I think the locations of the stakes which I hope are still there. You said you, are they still there? MEMBER VILLA: Yes. JAMES FITZGERALD: It would, would, I. We, the location of the envelope that we showed are the original submission. (Discussions between the Board Members) Page 76 -Hearing Transc~ Regular Meeting - June 8,""1994 Southold Town Board of Appeals MEMBER VILLA: I wouldn't have any problem keeping it, you know, grading in the front yard if you could keep the setback as it. the same as it would if, if it would be a house. I looked at it today and it looked to me like you could do that. JAMES FITZGERALD: Well, I, I think that the, the problem of course is results from the configuration of the property both with regard to the streets so that there's. If there's a tenth of an acre of property which is not front yard property, it's a lot. It only exists to the new work. In a matter of variances to the Board of Appeals it's a large piece of property and the selection of that particular location and that particular orientation is the most desirable from the stand point of the owner and I think the fact that the, that open area behind the house, is the flat part of it is so much higher than the grade of the road should be taken into account because I think the fact that the Code prohibits accessory structures in the front yard is intended to make properties look nice and I don~t think that this one will not look nice because of the existence of the pool. MR. CHAIRMAN: Well, are we with the intention that it is approximately 40 feet from the property line? Is that what we're --- JAMES FITZGERALD: I, it, it's shown on the survey as quote "an irregular curve". I~m not sure, I don't know how we could nail that down any, any closer to that. Now what's on the most recent drawing is made from an enlargement of the survey and, and it is to scale. MEMBER DINIZIO: What is the tie line? BOARD MEMBERS: It's a straight line. From point to another point. Page 77 -Hearing Transe~t Regular Meeting - June b~, 199u, Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: Is that pool staked out, Mr. Frltzgerald? JAMES FITZGERALD: Yes. MR. CHAIRMAN: Yes, but it's very difficult because when you're up on top you can't measure anything because you're up a six foot bank to the road. BOARD SECRETARY measure it somehow. KOWALSKI: Yes. You could have a surveyor We would have to know what the setback is before the Board can even grant it. What if you end up 35 feet instead of ~,07 You know what I mean. JAMES FITZGERALD: Well, I, I don~t know. I don~t know if that's (). BOARD SECRETARY KOWALSKI: It could be. JAMES FITZGERALD: We can measure the distance from the corner of the pool to the pavement and I did that. MR. CHAIRMAN: What is that? JAMES FITZGERALD: 50 feet. MR. CHAIRMAN: Oh! From the corner of the pool to the pavement? JAMES FITZGERALD: Yeah. MR. CHAIRMAN: Oh! From the pavement of the road? JAMES FITZGERALD: Yeah, the ( ) pool. MR. CHAIRMAN: I'm sorry, I thought you were talking about the pavement of the driveway. MEMBER VILLA: He doesn't know where the road is in the right-of-way, that's the thing. MR. CHAIRMAN: It's not a right-of-way. It's a public road. Page 78 -Hearing Transit Regular Meeting - June 8~' 1994 Southold Town Board of Appeals (Members discussing between themselves) MR. CHAIRMAN: Actually it should be, it should be actually estimated from the tie line which is where we actually have a point to work from and that's where the difficulty is. MEMBER VILLA: Yeah, but even that doesn't give you the distance from the property line because you don~t know far the tie llne is in from the property line. JAMES FITZGERALD: Well, the, the most significant fixed structure on the property is the house and all of the dimensions that are on that drawing were based upon measurements taken from the house from two points on the house to each of the stakes. MR. CHAIRMAN: What were those distances, Jim, do you know? JAMES FITZGERALD: I have them, I have all of them which I can provide to you and I, I don't think you would enjoy having me read them off. BOARD SECRETARY KOWALSKI: Can you show on the map where the two points are that where you measured? JAMES FITZGERALD: I'm sorry. BOARD SECRETARY KOWALSKI: Can you show on the map where those two points are that you measured from? JAMES FITZGERALD: Yes. This is, I can make that legible and this is simply to show that I didn't just stick them in and say "Oh yeah, that's about 10 feet from there." MR. CHAIRMAN: OK, just explain this to me here. This is the farthest point here? This is the stake that's the farthest point? Page 79 -Hearing Transc~t Regular Meeting - June ,8~199t[ Southold Town Board of Appeals JAMES FITZGERALD: That's correct. MR. CHAIRMAN: This is actually the farthest point here. JAMES FITZGERALD: Yeah, OK, yes, and this is the one that we had talked about. MR. CHAIRMAN: That's the closest one, right there? JAMES FITZGERALD: Yes. MR. CHAIRMAN: OK. So in effect all we really have to do is measure from here to here with a ruler. JAMES FITZGERALD: Yes and I did that. MR. CHAIRMAN: That's where you came up with the 50 feet? JAMES FITZGERALD: 50 feet, yes. MEMBER VILLA: How wide is the road? JAMES FITZGERALD: It's, it's not even .... MR. CHAIRMAN: 20 feet to the road. JAMES FITZGERALD: Yeah, it's not even a regular narrow road MEMBER VILLA: What's the width of the right-of-way of the road? This way if you knew what the road pave was and the right-of-way was you could take half of ..... JAMES FITZGERALD: Well the right-of-way, the right-of-way is 50 feet. MR. CHAIRMAN: What's interesting here is that the road line, that probably actually the tie line is probably the property line. BOARD SECRETARY KOWALSKI: No, this is the property llne. The pavement, the road llne is the property line. ' I~age 80 -Hearing Transc~t Regular Meeting - June 8, 199u, Southold Town Board of Appeals MEMBER VILLA: I setback that he's structure. MR. CHAIRMAN: So then most of the road must be within the neighbor's property. JAMES FITZGERALD: No, that, that is not the pavement line. MEMBER VILLA: That's your property line. JAMES FITZGERALD: That is the right-of-way, it's the 50 foot road that exists on paper only and the real road is --- MEMBER DOYEN: So you mean the road is over here, right. JAMES FITZGERALD: Yeah, it is, it is essentially MEMBER VILLA: The road always has a right-of-way and if it's 50 feet they generally have like 30 feet of pavement and 10 feet between the edge of the road on the property line. (Members discussing between themselves) MR. CHAIRMAN: So what do you want to do on this thing? don't have a problem with it if he maintains a suppose to have maintained from a principle MR. CHAIRMAN: Well, are you happy with him being 50 feet from the road? MEMBER VILLA: 50 feet from the property line. BOARD SECRETARY KOWALSKI: We have to make sure the surveyor stakes it for you, you know, so that you don~t put it in and then find out that your closer. JAMES FITZGERALD: Yes, I mean if that's a significant factor absolutely. MR. CHAIRMAN: Well, is that what you want him to do? · I~age 81 -Hearing Transc~lt Regular Meeting - June 8,'v'1991~ Southold Town Board of Appeals MEMBER VILLA: If they can maintain it 50 feet from the property line to the nearest edge of the pool and it's in the front yard, I~d vote for it, but if it's going to be less than 50 feet I don't see why it has to be because I was there and it would appear that they've got lots of area to move that pool around it. MEMBER DINIZIO: Plus the pool could be smaller. MR. CHAIRMAN: Well, the question is, can you go 102 feet and miss the driveway from the edge of the property line? MEMBER VILLA: From looking at it, coming up that little wooden steps by the roads there, you got all kinds of space. Judging by, where the stakes were you certainly can move it. MR. CHAIRMAN: Why don't you, since we're not going to make a decision tonight anyway, why don't you have the surveyor look at the situation and give us the approximate distance from that closest corner to the edge of the property line so that we know exactly where we are and this way when we have a meeting we can make the decision and this will clear up all of that problem that we have over this. JAMES FITZCERALD: OK. MR. CHAIRMAN: Is there anybody in the audience would like to speak against this application? Is there anybody else that would like speak for the application? I see no hands from anybody then we will let Mr. Fitzgerald sit down. Hearing no further comment I'll make a motion closing the hearing reserving decision until we receive the proper estimates from the surveyor. All in favor? Page 82 -Hearing Transcrl Regular Meeting - June 8,~q~94 Southold Town Board of Appeals BOARD MEMBERS: Aye. 9:48 P.M.-T 3894-#4 MR. CHAIRMAN: Appl. No. 4243-MOORE'S LANE HOLDING CORP. Section 100-53B, name is George Weisser, I'm the developer and owner of the said property Moore's Lane Holding Corp., formerly known as the Cedarflelds Property. This is a request for a variance under Article V Section 100-31C (ref. Section 100-33), and Section 100-231, based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for permission to locate accessory uses (tennis court, swimming pool and pool clubhouse) in an area other than the required rear yard, and with tennis-court fencing at a height of more than four feet when located in a front yard area. Location of Property: 475 Cedarfields Drive, Greenport, NY. County Tax Map Parcel No. 1000-1~0-5-1.u,2. The subject premises is located in the Hamlet-Density Zone District. I have a copy of the site plan indicating the nature of this particular project produced by John Metzger and it is most recently dated at March 31, 1994 and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. How are you tonight Sir? could you please state your name for the record. GEORGE WEISSER: How are you tonight Sir and Board Members? My Sheet of May 5, 1994 APPLICATION OF PROPER-T ?~IIT SERVICES FOR RIC~_%RD LAN This is a tracing of a portion of the su~ey, en!arge~ to a scale of 1" = 30' for purposes of showing the proposed' location of the "envelope" within ~nich the applied-for pool snd surrounding deck,will be constructed. ADD~KESS: 230 Bridge Lane, Cutcho~e SCTM #1000-111-15-1.¢ & 1.5 BOARD OF APPEALS TOWN OF SOUTHOLD 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 by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JUNE 8, 1994, commencing at the times specified below: ~ . !. 7:30 p.m. Appl. No. 4235- KIM FALLON AND CYN- THIA SUTRYK. (Hearing Continued from May 4, 1994) ~ This is a request for a variance ~ based upon the April 4, 1994 Notice of Disapproval from the Building Inspector to locate accessory building in. the front yard area. Location ~of Property: 3200 Soundvi,,e~ Avenue, Mattituck, NY; Coun- ty Tax Map Parcel 1000-94-2-5. 2. 7:35 p.m.,Appl. No. 4234- i ALEX AND MARIONI WIPE (Hearing Continued I from May 4, 1994). This is a request for a variance under Article III, Section 100-33C: for permission to locate an ac- ceseory garage with a fron- tyard setback at less than the required 40 ft. front yard set- back. This parcel is noncon- forming with a lot area of ap- proximately 22,000 sq. ft. and frontage of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000403-13-7. 3.7:40 p.m. Appl. No. 4246- LKC CORP. and JASTA, INC. This is a request for a Special Exception for permis- sion to establish a drinking establishment ' use as listed under Article XI, Section 100-10lB in an existing prin- ~,~ipai building. The subject 'premises is nonconforming with a lot area of approx- imately one-haif acre and 115± ft. frontage along tbe= north side of the Main Ro~d . a~.d is located in the B-General: Business Zone District. Pro- i perry Address: 6955 Main goad, Laurel, NY; County Tax . 7:50 p.m. Appl. No. 4245- GEORGE AND SUSAN TSAVARIS. This is a request for a variance under Article XXIII, Section 100-239.4A for permission to locate swimm- ing pool with fence enclosure within 100 feet of the bluff of the Long Island Sound. Loca- tion of Property: 2170 The Strand, Lot 111 at Pebble Beach Farms, East Marion, NY: Parcel ID No. 1000-30- 2-53. 5. 7:55 p.m. Appl. No 4244SE- DEPOT ENTER- PRISES, INC. This is a re- quest for a Special Exception, as amended, to include ap- provai for the location and use of a proposed addition to the existing principal building located at 320 Depot Lane, Cutchogue, New York. The proposed addition is an expan- sion of the existing recrea- tional membership club and is located in the Residential- Office (RO) Zone District. .~Property ID No. 1000-102-2-12.1. 6. 8:05 p.m. Appl. No. 4249- SANFORD AND SUE HANAUER. This is a request for a Special Exception to establish and operate a Bed and Breakfast in accordance with the provisions of the zon- ing code at Article III, Section 100-31B(15), with owner- occupancy, and as an ac- cessory tothe existing prin- cipal residence. Location of Property: 4105 Soundview Avenue, Mattituck, NY; Coun- ty Tax Map Parcel No~ 1000-94-3-part of 1.7, also known and referred to as Lot No 2 on the Subdivision Map of'Robert and Jean Eei~er. 7. 8:10 p.m. Appl. No. 4240- JOHN CROKOS. This i~ a re- quest for a variance under Ar- ticle XXIX, ' Section 100-239.4A based upon thei May 4, 1994 Notice of Disap- I proval from the Building In- I spector for permission toI locate swimming pool withI fence enclosure within 100 feet ~ ....gf the bluff along the Long ! Island Sound. This property I was the subject of prior Ap- peals under AppL No. 4204 as rendered 12/8/93 and Appl. No. 4140 as rendered 2/23/94. The subject premises is im- proved with a single-family dwelling and contains an area of approximately 40,000 sq. ft. (total lot area). Location of Drive, Orient~l~'; Lot No. 7 on the Map ~mnd View Estates; County Tax Map Parcel No. 1000-14-2-3.11. 8. 8:15 p.m. Appl No. 4241- RICHAR~L~N. This is a m- quest for a variance under Ar- ticle IIIA, Section 100-30A.4 (ref. Article 11I, Section 100-33) based upon the May 4, 1994 Notice of Disapproval from the Building Inspector in a building permit application to construct pool and deck in the front yard area, as an ac- cessory use. Location of Pro- perty: 230 Bridge Lane, Cut- chogue, NY; County Tax Map Parcel No. 1000-111-15-1.4 and 1.5 (Tax Map Parcel No. 1.4 totals 2.478 acres and Parcel No. 1.5 totals 1.088 acres). The subject premises is located in an R-40 Low-Density Residen- tial Zone District. 9. 8:20 p.m. Appl. No. 4243 -- MOORE'S LANE HOLDING CORP. This is a request for a variance under Article V Section 100-53B, Section 100-31C (ref. Section 100-33), and Section 100-231, based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for po'- mission to locate aeessory uses (tennis court, swimming pool and pool clubhouse) in an area other than the required sear yard, and with tennis-court fencing at a height of more than four feet when located in a front yard area. Location of Property: 475 Cedarfields Drive, Greenport, NY; Coun- ty Tax Map Parcel No. 1000-40-5-1.42. The subject premises is located in the H~mlei-Density Zone District~~ 10. & 11. 8:25 p.m. TONY AND MARIA KOSTOULAS. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is r~onconforming as to total lot area in this R-40 Zone District. Appi No. 4098 - (Continued Hearing) This is a request for a variance under Article XXIII, Section 100-239.4 for approval of a deck extension located within 100 feet of the bluff of the .Long Island Sound. i Appl No. 4248- This is a re- quest for a variance under Ar- ticle IliA, Section 100-30A.3 for approval of a deck addi- tion with insufficient side yard ~ I2. 8:35 p.m. Appl. 4247- HUGH T. and CAROL L. CONROY. This is a request for a Special Exception to 'establish an Accessory Apart- ment in conjunction with the owner's occupancy within ex- isting residerice as authorized under Article III, Section 100-30A.2B and Section 100-31B(14) of the Zoning .Code. Location of Property: i Westerly side of Gin Lane, Southold NY; also referred to as Lot No. 2 on the Subdivi- sion Map of Bay Haven filed in the Suffolk County Clerk's Office as Map 2910; further identified on the County Tax l~laps as 1000-88-3-6. 13. 8:55 p.m. Appl. No. a~O. I~qan~A~ET/BEST · ~o ADVL~'~ SVV~RSO~ This is a request fo~ varianc~ under Article IliA, Section 100-30.1 based upon the Ma 2, 1994 Notice of Disapprovai~ by the Building Inspector for approval of the proposed in- sufficient lot area and insuffi- cient lot width of proposed Parcels No. 1 and No. 2. Loca- tion of Property.' P~vate Road No. 17 extending off the easterly side Of Camp Mineola Road, Mattituck, NY; Coun- ty Tax 'Map Parcel No. 1000-123-6-17. The .sabje~t premises contains a total lot area of approxiinately 1.2 acres in total area and. is !ocated in the R-40 Low-. Density Residential Zone District. ,.. The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to' be heard in the above 'matters~ Written comments may also be sub- mitred prior to the conclusion of the subject hearing. Each 'hearing will not start before the times designated above. If you wish to review the files or need to request more informa- ' tion, please do not hesitate to call 765-1809 Or visit our office. , Da~ed: May 23, 1994 BY 'ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowaiski IX-5/26/94(40) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for Z ............................. weeks success~vely, commencing on the .~..~. to before me on this .... day of .......... ........... , Notary Public BARBARA k SCHNEIDER NOTARY PUBUC, State of New No. 4806846 Qualified in Suffolk ~ Commission Expirel ~-/~ than the requzred . --.~lll~aine cram I~nc~ g , __..a n a front yani with a lot area of appro~ ~ area. Locke? o, ~-o~. sx: ~.~lahed at ~tflt~k. m 22 ~ sq. B. a~ fronmg~fff I~ Ced~fields Dave, u~,~[;~v I~- ~-* r ..... e e~o~ ~d z~fion of ~: ~ west ~ C~T~ M~ P~e~ ~°'' ~--ated [uthold, "'~'~0om AppI. No. 42~u~ 10 & 11.8:25 p.m.~,-~- ~ [--~--&--~ ~ ~e~' ~ ~' ~d J~A, ~C. ~us ~i~ Kos~UL~' ~auon o~ cs is ~fo~' g i~ ~ 115c AppL · . am Rondond s I~areO ~mc.~ ~ So.ion 1~-239.4f~a~va General Busmes~ u.ln Road, ~ck cxten~l~t~,~ .~. [ ~n~ Isled ~ ~U ~nd~ Clerk ~uGE ~d SusAN ~SAVA · Ilia Secuon 100-30A. ~i~ is a ~quest f - -royal of a ~'~o1~ ~XIlI, Section 1~239.4A Ior. ~uffici~m side ya~ set.cks. ~:-= .....enclosu~ within ~ ,ne, o~ T. --a CAROL L. C~N~OY. ~s PUBLIC HEARINGS NOTICE IS HEREBY GIVEN. pursuant to Section 267 of thc Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. on WEDNESDAY, JUNE g, 1994, commencing at the time specified below: 1.7:30 p.m. Appl. No. 4235 -- KlM FALLON and CYNTHIA SUTRYK. (Hearing Continued from May 4. 1994), This is a request for a variance bared upon the April 4, 1994 Notice of Disapproval from the LocatiOn of Prepay: 3200 Soundview Map Parcel 1000-94-2-5. Farms, East Marion, NY; parcel ID ' No. 1000-30-2-53. 5. 7:55 p.m. Appl No. 4244SE -- DEPOT ENTERPRISES, INC. This is a request for a Spacial Exception, ar amonded, to include approval for the location and use of a proposed addi- tion o the existing principal building located at 320 Depot Lane, Cutehogue an expansion of th' ational membership club and is located in the Residential-Office (ROI Zone District. Property ID No. 1000-102-2- 12.1. 6. 8:05 p.m. Appl. No. 4249 -- SANFORD and SUE itANAUER. This is a request for a Special Excep- lion to es ablish and opiate a Bed and parcel No. 1000-94-3-part of 1.7, also the Subdivision Map of Robert and Section 100-239.4A based upon the May 4. 1994 Notice of Disapproval Appeals under AppL No. 4204 as ren- dered 12/8/93 and AppL No. 4140 ~s rendered 2123/93. The subject prenus- dwefiing and contains an area of 8. 8:15 p.m. A pl. No. 4241 -- RICHARD L-adq. ~is is a request for 100-30A.4 (ref, Article Ill, Section 100-33) based upon the May 4, 1994 ~ u~, Location of Property: 230 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. i000-111-15-1.4 and t.5 (Tax Map Parcel No. 1.4 totals 2.478 acres and Parcel No. 1.5 totals 1.088 acres) Thc subject premises is 9, 8:20 p.m, Appl. No. 4243 -- MOORE'S LANE HOLDING CORP. This is a request for a variance under Article V Section 100-53B, S~ction 100-~lC (rcf. Section 10~-3~) conjunction with the owner's occupan- cy within existing ~sidcnce as autho- rized under Article ltl Section 100- 30A.2B and Section 100-3lB(14) of the Zoning Code. Location of property: Westerly side of Gin Lane. Southold, NY; also referred to as Lot #2 on the Subdivision Map of Bay Haven filed in the Suffolk County Clark's Office as Map 2910; further identified on the County Tax Maps ar 1000-$8-3-6. 13.8:55 p.m. AppL No. 4239 -- MARGARET BEST and ADYLYN gyyERSON. This is a request for a var~once under Article IliA. Section 100-30A.I based upon the M y -. 1994 Notice of Disapproval by the Building Inspector for approval of the proposed insufficient lot area and · insufficient lot width of proposed parcels #1 and #2. Locfiti0n of prop- erty: Private Road #17 extending off the easterly side of Camp Mineola Road, Mattitock, NY; County Tax Map parcel No. 1000-123-6-17. The subject premises contains a total lot area of approximately 1.2 acre(s) in , total area and is located in the R-40'~ Low-Density Resid9ntial Zone Dis- trict~he Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard n the above matters. Written comments may also be submitted priOr ~ o the conclusion of the subject hear-~ ne. Each hearing will not start .he. fo~ the times designated above, tf yo I 'sh to review the files or need to~ not hesitate to call 765-1809 or visit Dated: May 23. 1994. BY ORDER OF THE soUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 7945-1TMy26 ~ '~' / -- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A, Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD May 2~.. 1 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TO: RE: Applicants Public Hearings - June 8, 1994 Dear Sir or Madam: We are in receipt 'of your recent -apptication~under the ~Southold~ Town, Zoning Ordinance and, have forwarded notice for publication this week to the .local and official newspapers of the. Town, to wit: Long Island, Traveler-and Suffolk Times. Copies of your file have been distributed to the ,Board Members for additional review, and, individual on-site inspection; expected within-the next 10 to days. If you have not already staked the proposed new construction, we ask, that you please do so immediately. It is requested that one of the property owners, or if the, property owner is not availablev then someone:fully familiar with the property, appear,at the public hearing, at, the time specified in the attached Legal. Notice. If your presentation-should be lengthy, a draft or final written copy is always appreciated. You should feel free to submit additional, documentation to support this application,at any time before, or during, the pubtic hearing~ Please: do not hesitate to call our office if you have questions concerning your application or related matter. Yours very truly. Linda Kowalski Clerk. Board of Appeals Enclosure Copies of Legal Notice~[~nt to the following 5/24/94: Cynthia Sytruk and Kim Fallon 55 Harbor View Avenue Mattituck, NY 11952 Mr. and Mrs. Alex Wipf 940 West Creek Avenue Cutchogue, NY 11935 LKC Corp. P.O. Box 843 Jamesport, NY 119~7-0843 Mr. and Mrs. George Tsavaris 2170 The Strand P.O. Box 385 East Marion; NY 11939-0385 Dr. Joseph Lizewski Depot Enterprises, Inc. 320 Depot Lane Cutchogue, NY 11935 Mr. and Mrs. Sanford'Hanauer 4105 Soundview Avenue P.O. Box 281 Mattituck, NY 11952-0281 Attn: Keith Keller-Sandgren, Associates 10 Mineola Avenue Roslyn Heights, NY 11577 Mr. James Fitzgerald P.O. Box 617 Cutchogue, NY 11935-0617 Moore's Lane Holding Corp. P.O. Box 1143 Cutchogue. NY 11935-1143 Patricia C. Moore; Esq. P.O. Box 23 Westphalia Road Mattituck. NY 11952-0023 Mr. and Mrs. 380 Gin Lane Southold, NY Hugh T. Conroy 11971 Dr,/Mrs. Robert Hariri 61 Lafayette Avenue Chatham; NJ 07928 Scheffs Trust 3100 Soundview Avenue Mattltuck, NY 11952 M/M Demetrio .Laveglia 97-24 116th Street Richmond Hill, NY 11419 Copies to TB, BD, PB, TA Departments APPEAT .q BOARD MEMBERS Gerard R Goehringer, Chair~-- Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ri~h.~d C. Wilton Telephone (516) 765-1809 BOAHD OF APPEALS TOWN OF SOUTHOLD. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 6, 1994 TYPE II $.E.Q.R.A. ACTION DECLARATION Appeal No. 4~41 Project/Applicants: County Tax Map No. Location of Project: ~ichard Lan 000- 111-15-1.4 and 1.5 230 Bridge Lane, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate deck and swimmingp001 in the front yard area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY. SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4241 --RICHARD LAN Dated: May 6. 199u, Transmitted is application for variance of Richard Lan together with letter from James E. Fitzgerald. Proper-T Permit Services, as agent. Southold Town Building Department Notice of Disapproval Application for Building Permit. sketch of proposed project, letter from Richard Lan designating and authorizing Mr, Fitzgerald to act as acjent, Notice to Adjacent Property Owners. State Environmental Quality Review Short Environmental Assessment Form, Questionnaire for filing with application, map of vicinity. Tax map. Survey with project indicated. Map of property surveyed for Richard Lan. and photos of area where the project will be, 48 E. 57th Street New York, New York 10022 March 31, 1994 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 ap- plications for variances and/or permits for the installation of a swimming pool on my property located at 230 Bridge Lane, Cutchogue, and designated by Suffolk County Tax Map No. 1000- 111-15-1.4 and 1.5, and to furnish, upon request, supplemental information in support of the application. ~ours t~tr~ly, /~ 'c ard Lan Proper.T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 1 734-5800 May 5, 1994 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for a Variance, Richard Lan SCTM #1000-111-15-1.4 & 1.5 Dear Sir: Enclosed are the documents prepared in support of the appli- cation for a variance and appeal from the decision of the Building Inspector for the construction of an in-ground swim- ming pool and surrounding deck on the property of Richard Lan, located at 230 Bridge Lane in Cutchogue. Proper-T Permit Services represents Mr. Lan in this matter', and a letter of authorization is attached. If you need more information or have any questions, please call me. Application Application Fee (Check, $400) Letter of Authorization Notice to Adjacent Property Owners Short EAF ZBA Questionnaire Vicinity Map Tax Map Application for Building Permit Notice of Disapproval (Building Department Survey of Property (1 original) Survey, Part (6 copies) Project Site Photographs a subsidiary of THE PECONICEASTERNCORPORATION DEPARTMENT OF PLANNING To~m of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES. A.I.C.P. · ,--~ ,-~ ,-~ /7 ~ .... ~ Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County A~m~nistrative Code, the following appllcation(s) which have been referred to the Suffolk County Plannin~ Co-,~tssion are considered to be a matter for local deter~natton. A decision of local deter~nation should not be construed as either an approval or a disapproval. Applicant(s) Mun/cipal File N-mher(s) Pappas, Eleftherios and Others Lan, R/chard Moore*s Lane Holdtng Corp. 4236 4241 4243 Very truly yours, Stephen H. Jones D/rector of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Diaizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XIV 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 Cca~,%t~ssion: ×X .... Variance ffom the Zoning Code, Article IliA , Sectionloo-30A (ref. Article III, Sec. lO0-SS) __. Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section __ Special Permit ~ppe~! No:.42~~ A~plicant:Richard Lan · uoca[lon oT atTected [and: 230 Bridge Lanue, Cutchogue, · County Tax Map Item No.: 1000-111_15_1.4 Within 500 feet of: X NY Comments: Applicant is requesting permission.to construct pool in-the front yard area, as an accessory use. Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant -- Within One Mile of an Airport and d~ck ~opies of Town file and related documents enclosed for your Dated:"~ne~3', 1994. review. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD June 22. 1994 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. James E. Fitzgerald. Jr. P.O. Box 617 Cutchogue.- NY 11935-0617 Re: Appl. No. 4241 - Variance for Pool Location in Front 'Yard Dear Mr. Fitzgerald: Enclosed please find a copy of the Board's Findings and. Dete~mina~ tion rendered at our June 13. 1994 Special, Meetin9, Before 'commencing:construction activities; pleasebe sure to return to the Building Department. and any other agency which may have jurisdiction~ in this project for~ reviews and issuance ,of appropriate permits. For your convenience, we have furnished the, Building Department with copies* of this. determination for their,, permanent recordkeeping and update,, Also. we have transmitted a copy of this file to the Suffolk~County Department of Planning. in accordance with the: Suffolk. County Administrative. Code rules and~ regulations pertaining, to projects located within 500 feet of a waterway, Once we have received their written, response~ we will forward-a copy to you for your,permanepR recordkeeping. Very truly yours. Linda Kowalski. Clerk Southold. Town Boaed of Appeals Enclosure cc: (With copies~ofthis;dete~minatloet~to: ) Town Building-lnslaectors~ Office Suffolk County Department 'of Planning RODERICK VAN TUYL, P.C. 218 FRONT STREET GR££NPORT, NEW YORK I 1944 (516) 477~)170 Southold Town Zoning Board Southold Town Hall Southold, N.Y. 11971 of Appeals DATE June 13, 1994 SUBJECTLan property Members of the Board: This is to certify that we have physically located stakes for a proposed swimming pool on land of Richard Lan at Nassau Point (Suffolk Co. Tax Map No. 1000-111-15-1.4 & 1.5). We find that the nearest corner of the pool as staked would be 42 feet from the curved westerly property line, which is the easterly line of Bayberry Road. Sincerely, ~ Colin Van Tuyl' Proper.T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935 ;:' ':' I~IA¥ I ? 1994 (516) 734 - 5800 May 17, 1994 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for a Variance, Richard Lan SCTM #1000-111-15-1.4 & 1.5 Dear Sir: Further to the application submitted on 5/5/94, enclosed is a revised drawing of the proposed pool, which more specifically depicts its size and location. In your review, this drawing should be substituted for that submitted with the original application. The stakes at the project site have been relocated to show this revision. It should be noted that the "road and the edge of the paving on the is so often the case. line" shown on the survey ground do not correspond, as As I mentioned to Ms. Kowalski, Mr. Lan is most anxious to have the pool available for at least part of the summer, and if the review and approval, if appropriate, could both take place at the June meeting, it would be very much appreciated. ~am~ E. Fitzge Enclosure: Survey, Part (6 copies), Revised 5/17/94 a subsidiary o! THE PECONIC EASTERN CORPORATION 14&¥ I 'l' 19~ :t7/i I / / / P~OJECT I.D. NUMBER 617.21 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. ARRUCANT/SPONSOR I 2. PROJECT NAME James E. Fitzgerald, Jr. I Richard Lan swimming pool/deck SEQR 3. PROJECT LOCATION: Mu.~c~p.,~ Cutcho6q~e c~n~ Su£folk 230 Bridge Lane, Cutchogue See attached maps. PROPOSED A~T1ON: [~ New [~ ExDansioh 6. DESCRIBE PROJECT BRIEFLY: Construct 1n-ground swlm~ing pool wlth surrounding deck; area no more than 4500 sq. £t. total 7. AMOUNT OF LAND AFFECTE : ,..~..y Approx ~. ~c,.s u,,,m.t.,~ Approx O. 1 E. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER F_XtBTING !.AND USE RESTRICTIONS? r--~Yes ~NO IfNo, desc~iDebriefly Requires variance for accessory st~cture located other th~ in required rear y~d. ~ow/med~um dens~gT; med~um/la~ge 1O. DOES ACTION INVOLVE A PERMIT APPROVA~ O8 FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDE~ S~EO.~OCA~ Building Dept, To~ of Southold ~ Yes ~ NO Il yes, list agency(s) and ~ermi~agprovats 11, DOES ANY A~PECT OF THE ACTi;~ HAVE A CURRENTLY VAMD PERMIT OR APPROVAL? , c~.~. T.A~ T.~ ,.poRe*nO...O~,0~D *aOVE ,S T.U~ TO THE .EST Or ~ ..OWL~GS the .~n is in the Coastal/ C~stal Assessment F~b [ld, Jr. ~ ~ ~.,,: 5/5/94 5~rvices/ a, and you are a state agency, complete ti~e before proceeding with this assessment I OVER 1 .(Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be maae by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~ ~NSTRUCTIONS: (a) In order to answer the questions in this short EA~ 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? ~es :X NO 2. Will there be a major change to any unique or unusual land form on the site? Yes ~ NO 3. Will project alter or have a large effect on an existing body of water? ~Yes ~ No 4. Will project have a potentially large impact on groundwater quality? __Yes X No 5. Will project significantly effect drainage flow on adjacent sites? .__Yes ~ No 6. Will project affect any threatened or endangered plant or animal species? __Yes X No 7. Will project result in a major adverse effect on air quality? Yes X -No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes XNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=al importance Or any site designated as a critical envirc~mental area by a local agency? Yes 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes XNo 11. Will project result in major traffic problems or cause a major effect ~o 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 XN° 13. Will project have any impact on public health or safety? Yes ~ NO 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes ~No period or have a major negative effect o~ the charact~of the commu~neighborhood? QUESTIC~AIRE FOR FILI~G WITH YOUR Z.B.A. APPLICATIO}; A. Please disclose the names of t 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.} Rinhn~d T,~.ns nw'n~ Sevla Martavan-Lan. owner B. Is the subject premises listee on the real esUaue mar~eu ~or : sale ar being shown to Prospective buyers? { } Yes { X} No. (If ~e_s, pl~n~e a~h coUF af "conddtinus,, of C. Are therm a~y%rrupomal= tu=hange~rr alter land { } Yes {X} NO (0nly incidental to construction.) D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bul~--~-~a~ed between the wetlands area and the upland building area? No 4. If your property contains w~tlan=s or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? _Nc (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, ~ulkheads or fenC~_s which ew~t and are not =huwn on the survey mad that yOU are · sUbmitting? None If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? NQne If yes, please submit.a copy of your building permit and' map as approved by the Building Department. If none, please state. H. Do you or any co-owner alsd own Other land close to this parcel? No If yes, please explain where or submit copies of deeds. parcel private residence propose~ Use Please list present use or operations conducted at this and § 97-13 WETL.-~.\I DS § 9%13 TOWN -- The Town of Southold. TRUSTF. ES -- The Board of Trustees of the Town of Sourhold. [Added 6-5-84 by L.L. No. $-1984! W'ET'L.~.~DS ['Amended 8-26-76 by ~ ~o. 2-1976: 3-25- A. IiDAL WETLANDS: (1) All lands generally covered or in~rmi~ten:ly cov- ered with, or which boraer on, tidal wam~. or lands lyin~ beneath tidal wa~e~, which a~ mean low ~ide are covered by tidal waters ~ a maximum depth oi five (5) fee~, includin~ bu~ no~ limited m b~nks, bogs, salt marsh, swamps, meadows, flare or o~her low lying lands subject m tidal action; (2) All banks, bogs. meadows, flare and tidal marsh subject to such tides and upon which grows or may ~ow some or any of the followin~ salt hay, black gr~s. saltworm, sea lavender, mil cord~s, high hush. cat. ils, groun~eL m~sb~w ~d ~w (3) All ~d immediate~ ~d~scent ~ a tidal w~tsnd ns defined in Subsecdon A~2) ~nd lying within seven- ty-five (75) fee~ landward of the mos~ landward edge of such n tidal wetland. B. FRESHWATE~ WETLANDS; (I) "Freshwater wet~ands" as defined in Article 24. Ti- tle 1, ~ 2-1-0107, Suhdivislons l(a) to l(d) inclusive, of the Env~ronmen~l Conservation Law of the S~te of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in ~ubsection B(1} and lying with- in seventy-five (75) feet {audward of the most land- ward edge of a "freshwa'~er wetland." 9705 z.=s.ss 11958 19: 5 EAST CUTCHOGUE HOG NEC BAY CUTCHOGUE HARBOR LITTLE ti()(; NECK NXSSAU POINT NEW SUFFOLK NORTH RACE THE AREA OF THE PROPOSED PROJECT IS CIRCLED Application No. regarding the property of RICHARD Suffolk Couat¥ Tax Hap No. Represented by James B. Fitzgerald, Jr. 516-734-5800 --2 (~ COUNTY OF SUFFOLK J~,m~-SOUTHOLD I ~ctm.t Real Property Tax Service Agency~e~ / I I I THE SITE OF THE PROPOSED PROJECT IS CROSS-HATCHED TAX l'{~}~ P ~IOARIp OF APPEALS. TOWN OF SOUTHOLD In the Matter et the Petition of IO the Board of Appeals of the Town of Southnld TO: NOTICE TO ADJACENT PROPERTY OWNER Anthony S. Pagoto 50 Roosevelt St Garden City, NY 11530 Thomas Meaney 17 Hartland Ave Huntington Station, NY 11746 John Mitsinikos 26 Combes Dr Manhasset, NY 11030 Eamon L. Kennedy 6730 Nassau Point Rd Cutchogue, NY 11935 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of lhe Town of Southnld torequest a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the properly which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 230 Brj:.dc{e ~Lano, Cutchoc{ue 3. Thai the property which is the subject of such Petition is located in the following zoning district: R-40 4 lh.]l b'~ such Pvtiiiun, thc undersigned will request the follov,.ing relief: Permission to construct an in-ground swimming pool and surrounding wood deck with~the envelope shown in the attached drawing; relief re- ~~ ~ + ..... e .... ~ ............ ~tructure(s) in a location other than the required rear yard. 5. That the provisions of the Southotd Town Zoning Code applicable to the relief sought by signedare ~-~cle III ~on 100-30~.4 , [ ] 5ect~0n 280-A, New York Town Law for appr0va] of access over r~ght(s)-of-way.' 6. ]hal ~i[hin fiv~ da%s from the date hereof, a wrhte, Pe~itioo reques~ing th= [~lief s~cified above will be flied in the 5outhoid Town Clerk's Office at Main Road. Southold, New York and you may then a~ there examine the same dur~ng regular office hours. (516) 765-1809. 7. Thai before the reticf sought may be granlcd, a public hearing must be held on /he mailer by thc Board of Appeals; that a notice of such hearing must be publishedat least f~t%(:Ja-y.~ prior to the date of such hearing in the Suffolk Times and in the Long Island Tr,9~e4t-F.~lat tit uck )t/~a~, newspapcr~hed in ~he Town of Southold and designated for the publication ~ch ~ces; ~3~~r tepr~a~v~ have the right to appear and be heard at such hearing. ~~~~~ SER [CE Petitioner PROPER-T Richard Lan James E. Rtzgerald, Jr. 0wne rs ' Names: P.O. Box 617, Cutch:gue, NY 11~3S Post Officc.~a, cLdres.% Phone: ($16) 724-5800 ~'.u. ~ox 6 1 7 Cutchogue, NY 11935 Tel. No. ( 516 ) 734-5800 [Copy of sketch or plan showing propcsal to be attached for convenience purposes,] PROOF OF MAILING OF NOTIC~F ATTACH CERTIFIED MAIL RECEIPTS NAM~ ADDRE~S Z 693 Receipt Certifie~ No Insuran( ~-~ Do not use {See Rever., S ntt ~n%hony S. g'~ a~Os evel P , Sta and ZIP o~e ~ar~en ~zty Postage Certified Fee SDecial Delivery Fee Restricted Delivery Fee '° Z 693 : Receipt Certifiec No Insuranc (See Revers Sej~ ~°hn Mitsin s'~a~°~mbe s I Postage Certified Fee Special Delivery Fee Res:dcled Delivery Fee Return Receipt Showing to Whom & Date~ Delivered Z 693. Receipt f Certified No Insurance Do not use f( (See Reverse Z 693 359 811 Receipt for Certified Mail No insurance Coverage Provided Do not use for International Mail (See Reverse) Eamon L. Kennedy NO Nassau Point Rd ~u~c~ogue, NY 11935 \c~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) James E. Fitzgerald, Jr. , residing at 385 Haywaters Dr Cutchogue, NY 1 1 935 , being duly sworn, deposes and says that on the 5th day of May , 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 opp6site their respective names; that the addresses set opposite the names of said persons are the add~:esses 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- ficeat Cutchogue, NY (certified) (Ye~]f,t~SF.~ mail. Sworn to before me this day of Y~FIf , otary Public ; t hat said/~..~ were ~ / ;~ of said persons by JANE R. MINERVA NOTARY PUBLIC, State of New York N0: 4853108, Suff01k C0unty ~ Oo~mis~i0n Expires February 18, 19.Ab (This side does not have to be property owners.) completed on form transmitted to adjoining Ac,' r",tAP OF PI?QPEI2TY SURVEYED FO ,r2. AT !,i,~S'i- AU I:'C,! MT ,'Ps, vied OP' GOU+~OLD, !,4¥ LA, N