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HomeMy WebLinkAbout42437~:,%W '7"'wo 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 ACTION OF THE BOARD OF APPEALS Appeal No. q2~3: Application of, MOORE'S LANE HOLDING CORP. This is a request for a variance und~ Article V Scctiom 100-53B, Section 100-31C (ref. Section 100-33), and Section 100-231, based upon the May ~,. 199~ Notice of Disapp~ovei from the Building Inspector for permission to Iccate aco~m-y uses (tennis court, swlmmlngpool and pool clubhouse) in an area other than the required rear yard, and with tennis-court fencing at a height of, rno~e than four feet when located in a front yard area. Location of Property: ~75 Cedamfields Drive, Greenpert, NY; County Tax Map Parcel No. 1000-~0-5-1.#7. The subject premises is located in the Hamle~-Denslty Zone District. WHEREAS. a public, hearing wes 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 documentstio~ submitted concerning this appli~[~on; and WHEREAS. Board M-----nbers have personally viewed and are familiar with the premises in question, its present zofling, and the surround- ing areas; and WHEREAS. the Board mede the following finding~ of fact: 1. The promises in question is a corner lot with frontage along the southerly side of County Road ~8. Greenport. at Cedarfieids. and is located in the Hamlet Density [HD) Zone District with a total acreage of 22.23S acres. The site plan map dated March 31. 199q submitted for consideration by the Board of Appeals in this appli- cation wes recently, approved by the To~n Planning Board {subject to obtaining a variance for the location of the pool. tennis-court, and accessory (clubhouse] building}. In fact. a Decla~i'mn of Covenants and Restrictions has been filed in the Suffolk County Clerk's Office recorded at Liber 11667 pages 1~95-S00 affecting the subject promises. 2. Proposed by this variance application is an accessory tennis court structure, not exceeding 60 x 120 ft. in size. an accessory 38 ft. by 32 ft. storage building (referred to by applicant as a club hse. ). and an accessory incjround swimmingpool.~b~a, ft. b~-~ ft. or less in size. plus patio areas. The distance is shown on the March 31. 199q site plan map to be 50 feet. or more from the Ceieb's Way access at its closest point from any street line. Page ~ - AppI. No. ~2q3 Application of MOORES LAND HOLDING CORP. Decision Rendered June 8. 19~ 3. Article III. Section 100~33A of the Zonin9 Code provides that: ...accessory buildings and structures or other accessory uses shall be located in the required rear yard .... u,. It is the opinion of the Beard Members that the area chosen is reasonable under the circumstances, particularly due to the layout of the dwelling units with centralized buffer areas, surrounded by Caleb's Way. This general layout has been approved and recon~nended by the Planning Board. There are no available "rear yard" building areas, and all yard areas are front or side yards when using the Southold Town Code definitions and the plan before the Board. The Iocat'men of these accessory structures and acc~eery building will not alter or adversely affect the chaeacter of the surrounding areas or other residential, zone districts. 5. Also. in considering this, application, the Board finds: (a) that the location of the proposed tennis,court, swimming pool, and accessory building will not create an undesirable change in the neighborhood; (b) that the relief, as requested, is not substantial under the circumstances; (c) there is no altsrnativeavallable for appellant to pursue which would be more feasible, under the circumstances; {d) the property as a whole consists of mosUy front yard area and does lend to difficulties in locating accessory buildings in a rear yard; [e) the grant of the relief noted herein is the minimum necessary and does. at the saree time. preserve and protect the character of the neighborhood, health, safaty and welfare of the community. Accordingly. on motion by Member Dinizio. seconded by Member Wilton. it was RESOLVED. that the relief requested under Appeal No. ll2ti3 in the Matter of MOORES LANE HOLDING CORP.. be and hereby~ is APPROVED. AS APPLIED. Vote of the Board: Ayes: M~rs. Doyen. Dinizio. Wilton. Villa and Goehringer. This resolution was duly adopted. RECEllgED AND FILED BY THE SOUTHOLD TOWN .ou. Town Clerk, Town of Southold GERARD P. GOEHRINGER ~ CHAIRMAN, BOARD OF APPEALS APPEALS BOARD MEMBERS C-m'm,d R Goehringer, Chairman Serge Doyen, Jr. James Diaizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fsx (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 Hall, 53095 Rain Road, Southold, New York 11971, on WEDNESDAY~ JUNE 8~ 1994~ commencing at the times spec|fled below: 1. 7:30 p.m. Appl. No. 4235 - KlM FALLON and CYNTHIA SUTRYK. (Hearing Contiffued from May 4, 1994) This is a request for a variance based upon the April 4, 1994 Notice of Disapproval from the Building Inspector to locate accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel 1000-94-2-5. 2. 7:35 p.m. Appl. No. 4234 - ALEX AND MARION WIPF. (Hearing Continued from May 4, 1994). This is a request for a variance under Article Ill, Section 1OO-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue,~ NY; County Tax Map Parcel No. 1OOO-103-13-7. Page 2 - Notice of Hearin~ Southold-Town Board of Appeals Regular Meeting of June 8. 1994 3. 7:hO 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 located, in the B-General Business Zone District. Property Address: 6955 Main Road, Laurel, NY; County Tax MapNo. ]0OO-122-6-36, 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. 1OOO-30-2-53. 5. 7:55 p.m. Appl. No. 42445E - DEPOT ENTERPRISES~ INC. This is a request for a Special Exception, as amended, to include approval for the location and use of a proposed addition to the existing principal building located at 320 Depot Lane, Cutchogue, New York. The proposed addition is an expansion of the existing and is located in the Residential-Office Property ID No. 1000-102-2-12.1. recreational membership club (RO) Zone District. Page 3 - Notice of Heari Southold Town Board,of Appeals Regular Meeting of June 8, 1994 6. 8:05 p.m. Appl. No. 4249 - SANFORD AND SUE HANAUER. This is a request for a Special Exception to establish and operate a Bed and Breakfast in accordance with the provisions of the zoning code at Article III, Section 100-31B(15), with owner-occupancy, and as an accessory to the existing principal residence. Location of Property: 4105 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 10OO-94-3-part of 1.7, also known and. referred.to as Lot No 2 on the Subdivision Map of Robert and Jean Lenzer. 7. 8:10 p.m. Appl. No. 4240 - JOHN CROKOS. This is a request for a variance under Article XXlX, Section 1OO-239.4A based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for permission to locate swimmingpool with fence enclosure within 100 feet of the bluff along the Long Island Sound. This property was the subject of prior Appeals under Appl. No. 4204 as rendered. 12/8/93 and Appl. No. 4140 as rendered 2/23/93. The subject premises is improved with a single-family dwelling and contains an area of approximately 40,000 sq. ft. (total Drive, Orient, Tax Map Parcel lot area). Location of Property: 2110 Grand View NY; Lot No. 7 on the Map of Grand View Estates; County No. 1000-14-2-3.11. 8. 8:15 p.m. Appl. No. 4241 - RICHARD LAN*. This is a request for a variance under Article ILIA, Section 1OO-30A.4 (ref. Article Ill, Section 100-33) based upon the May 4, 1994 Notice of Disapproval from the Building Inspector in a building permit application to construct Page 4 - Notice of HeariiIJl~ Southold Town Board of Appeals Regular Meeting of June 8, 1994 pool and deck in the front yard area, as an accessory use. Location of Property: 230 Bridge Lane, Cutchogue, NY; County Tax 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 District. 9. 8:20 p.m. Appl. No. 4243 - NOORE'S LANE HOLDING CORP. This is a request for a variance under Article V Section 1OO-53B, Section 100-31C (ref. Section 100-33), 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 100-239.4 forapprovai of a deck extension located within 100 feet of the bluff of the Long 'Pacje 5 - Notice of Hearid Sodthold,Town Board of Appeals Regular Meetincj of June 8. 199~ Island Sound. Appl. No. 4248 - This is a request for variance under Article IliA, Section 100-30A.3 for approval of a deck addition with insufficient side yard setbacks. 12. 8:35 p.m. Appi. 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 Ill, Section 100-3OA,2B and Section 100-31B(14) of the Zoning Code. Location of Property: Westerly side of Gin Lane, Southold, NY; also referred to as Lot #2 on the Subdivision Map of Bay Haven filed in the Suffolk County Clerk's Office as Map 2910; further identified on the County Tax Maps as 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 1OO-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 #l and #2. Location of Property: Private Road #17 extending off the easterly side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1OO0-123-6-17 The subject premises contains a total lot area of approximately 1.2 "Page 6 - Notice of HearilA~pp Southold Town Board'of eals Regular Meeting of June 8. 1994 acre(s) in total area and is located in the R-40 Low-Density Residential Zone District. The Board of Appeals will at said time and place hear any and ali persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: Nay 23, 195q, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TO'~VN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~ './/~ / .;~ .~ Date.~.~..~. .................. . ~o~.~,~.~.~,~..~.~.f..~,/,.,~, ~~. '--~ ..... ' ~o~t~ r~ ~ ~o. ~000 s~tio~ ...~Q ....... ~ moc~ ...... ~ ..... ~ot .. H.~....~. Subdivision .............. Filed Map No. ~ ............... Lot No .............. · .~~ .Z~ ~ ,-~_ ~-~ ~ ~ -' ~'": .... ~' · ~- ~ .... ~ +....~.w: .o/.~ .~ .Z~ .... · ~...~...~~ ~ ~ /~_~ . -- ' ~ d ~' '~ ..... ~ %' ~ ~" '~~'" ~" '~ .......... ..~ .-- ~~-;~ .- ~ ~ ~ .. / - -~ ~-. -~-., ~,-~Z ~-....~ ......... ~.., ...... . .... ~~.. ~e~..~. ~ ~ . _ ---~--~ ~-~-~...~.../~..~~.~~ ..~.. ~~ ~ ~_~.. -~-' Z~' · '" ~'~"" ~~~-~ .......... ....... : .......................... ..... ' ' ~~ Inspector ..... Rv 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Approved . .' .............. ,19 (Building Inspector) APPLICATION FOR BUILDING PERMIT · . ..... INSTRUCTIONS OOARD OF 3 SETS OF PLANS SURVEY .... ? .............. CIIECK NOTIFY: CALL ................... HAlL TO: a. This application must be 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. Plot 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- ~, 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. 'lB e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shali 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 Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Onlinances or Regulations, t'or the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, b~ing code, housing code, m~d regulations) and to admit authorized inspectors on premises and in building for necessaryjB)spe]:tions. ~ /q ~ ~ /' ,/M ~' ..J~gn t .~ o~applicant, or name, it a corporation) d (Mailing address of applicait0 ~J State whether qwner, lessee~ architect, engineer, general contractor, electrician, plumber or~ applicant is (as on the fax roll or latest dee~l) · If ~p~licant is a corporation, signature of duly authorized officer. '~(Name and title of corporate officer) · Builder's License No .......................... P, umber's License No...~..(..-F./..~ ~ .... ~,~c,.c,~..,,.,c~.. ~,o../.?.~..~ ........ Other Trade's License No ...................... I. Location ~fland on which proposed work will be done. . .?/~. . ~. . .~;~ ..~.0~....~.. ..... ' . ~. ,<~...e.. ~... ~,,~. ~..~: ..... House Number eStre~t ~ "'~;~'I;; ........................ ' County Tax Map N~.~./~ ~ ]~'~' __"~1000 Section. .... ~ ....... ~. · - Block .................. Lot ...... f ............ ............ ;.. ............... 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: ~. ,~,,t,n, u. an~ o ccu~an...~/~. ~~ ...................... ,. In,,~ ,, an~ o=~' d~~~.,~~~. ....... ~ ~ ~~' .... ': ....... Reoair . .- ............ Removal ....... , ....... ' ........ ~ Alteration ~...~.~... · ~~ ~- ~~ Demp~itioA2_c/X '~'Z ~"~r~/'~ ...... ~ ...... ~Other Work. ~(Description) ~)~''~x ~... 4. Estimated Cost..~/... :~..,~../~... ................... Fee ...................................... (to be paid on filling this application) $. If dwelling, number of dwelling units ............... Number of dwelling units on each floor... If garage number of cars .......... 6..If business, commercial or mixed occupancy, specify nature and extent of each type of use ................... ~ 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............ . Height ............... Number of Stories Dimensions of 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 .. Depth 10 Date of Purchase Name of Former Owner ' ' 11. Zone or use district in which premises are situated ........... ' 12. Does proposed construction violate any zoning law, ordinance or regulation: .......................... .. . ~ .. . 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises .................... Address ................... Phone No ................ ~ ...... Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Pho~ No ................ 15. Is this property within 300 feet Of a tidal wetland? *Yes ........ No.~-~. ...... *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM '~' Locate~ clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. STATE O.~-'l~W YORK, o c. "C~ t ' fg'c'o'n fc'tj ' ......... being duly sworn, deposes and says that he is the applicant above named. ~/.,,Al. ' ' He is the .... ~ atl office ,'etl.' ........................... of said owner or owner~, and is duly authorized to perform or have performed the said work and to make and ~e this application; that all statements contained in this application are true to the best of. his knowledge aad belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this Notaqt Public, State of New ¥olx No. 4951364. Qualified in Suffolk County ,,3. CommisSion Expire~ Ma~, 1~ ~ (Signature of applicant) TOWN OF SOUTHOLD, NEI~ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~/~ TO ZHE ZON,NG BO~D OP~,~;~LS,, ZO.~N OF SOUTHOLD, N. V. Name of ~ Street and Number ' ( ........................... lion / .....~ ........................................................................... ........ ........................................... ...... THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO . Name of Applicant for('pj~rmtt o, ...... .... Street and Number ( ) PERMIT TO USE ' 1. LO~TION OF THE PROPERW .~Zr.~~ ~,~~. ~ Str~"7~¥et /" 0~;'"~]~"~"~i~ District 1000 Section ~0 Block~Lot/,~ · ~- ~ // ~ - ~,~ / ............................................. ~.uurrent ~ner /~/~~/~ ~ MaD No. 'Lot No. · ' . ~ · . P,~o~ 0..~ ~~- ~~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Par~ggxoph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article~__~//.~_/ Section /00 - 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ()~) A VARIANCE to the Zoning Ordinance or Zaning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4; PREVIOUS APPEAL A previous appeal (ha s n been made with respect to this decision of the Building Inspector or with respect to this pi~0.~y..~ · Such appeal was ( ) request for a special permit [ ,1 request for a variance and was made in Appea! No ................................. Dated ............................. , ........................................ RF.~SON FOR APPEAL Variance to Section 280A Subsection 3 Variance to the Zoning Ordinance isrequested for the reasonthat ~..~:~ ~ ~'~~ ~ . ~2~~ l~orm ZBI (Continue on other side) REASON FOR APPEAL Coni'inued 1. STRICT APPLICATION/~THE ORDINANCE would produce practical difficulties or unneces- vicinity of this property and in this use district because The hardship created is UNI(~UI~ and is not shared by all properties alike in the immediate ss¸ Signature Sworn to this ~ c~ · ...,~, - . ............................. 19~'~' ................................ ~-- .............. day of . ..~ Notary Public HELENE D. HORNE Notary Public, State of New York No. 4951364 Qualified in Suffolk County ~*"-"'~ Commission Expires May 22, 19~, ~'WNER LAND IMP. TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET ACR. TYPE OF BLD. PROP. CLASS TOTAL DATE REMARKS 1OisT~ --~UB. LOT ~ FRONTAGE ON WATER TILLABLE FRONT'AGE ON ROAD DEPTH BULKHEAD WOODLAND MEADOWLAND HOUSE/LOT TOTAL ~ w~/ ,~. ,~.~ ~PE OF BUILDING ' · r~/ CO~.: ~. ~ISC. Mbt. Value m /~ - ~. / ~,. ~'// -J~- ~//u,/~-'~/~. 77J, . I Tillable i ~g~ I ~ ~ ~ ,, ,,___ ~ '~ '..k I:'''~'e~ A/ ~J '"' t / . ~n]pJand ~ . FRONTAGE ON WATER Brbshland ~ FRONTAGE ON ROAD House Plot DEPTH ~ BULKH~D ' - Total ~:"~:~"~ ~ ' ' ::: ':~': /~ [- - Page 82 -Hearing Transcript Regular Meeting - June 8, 199t[ Southold Town Board of Appeals BOARD MEMBERS: Aye. 9:~8 P.M.-T 389~-#q MR. CHAIRMAN: Appl. No. 42~,3-M~re~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 I~, 1991~ 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: ~75 Cedarfields Drive, Greenport, NY. County Tax Map Parcel No. 1000-~,0-5-1.~,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, 199~ 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 name is George Weisser, I'm the developer and owner of the said property Moore's Lane Holding Corp., formerly known as the Cedarfields Property. ·- Page 83 -Hearing Transcript Regular Meeting - June 8, 1994 Southold Town Board of Appeals MR. CHAIRMAN: If you would just tell us how you have gotten into this situation and basically just quickly paraphrase what you told me on the telephone when you originally found out you had to get a variance for it. GEORGE WEISSER: This is an approved site plan which is ready to be filed in the Suffolk County. When I went to apply for the Building Permits to start erecting the model complexes, the Building Inspector found in the Code and in the Code your interpretation isn't clear because even though this was quasi-commercial project it's a residential type of application and the Building Inspector found that the code was not clear to its interpretation, thus, by placing the common buildings such as the pool, the tennis-court and the clubhouse in a common area which faces the front of the proposed residences it would be a violation of the code and it would require variance. That's pretty much in the nut shell so he gave it a, he rejected it so we had to take it off the map in order to have the Planning Board sign the map for final approval and now I'm back before the Board trying to get a variance. MR. CHAIRMAN: The tennis-court height is what? GEORGE WEISSER: The tennis-court fence height? MR. CHAIRMAN: Yes. GEORGE WEISSER: I believe it's going to be 9 feet. MR. CHAIRMAN: OK. The swimming pool is 4., ~ feet, the normal U feet? GEORGE WEISSER Yes. Page 8~ -Hearing Transcript Regular Meeting - June 8, 199t[ Southold Town Board of Appeals MR. CHAIRMAN: The clubhouse is approximately how large in size? GEORGE WEISSER: Approximately 1,000 square feet. MR. CHAIRMAN: And the patio area is a cemented area rather than a deck area? GEORGE WEISSER: It's proposed to be cemented around the pool and part of the area that leads to the tennis-court and patio. MR. CHAIRMAN: OK. The approximate size of the pool? GEORGE WEISSER: 25 x 50. MR CHAIRMAN: Is that a liner pool or a cement pool? GEORGE WEISSER: It's a gunning. MR. CHAIRMAN: Gunning, OK. Any idea in reference to distances to existing ways that are in there? GEORGE WEISSER: A, the map is pretty much to scale. You see the pool is about 80 feet offset from the parking ( ) MR. CHAIRMAN: Height of the clubhouse is one story, not to exceed what? GEORGE WEISSER: One story, not to exceed -- BOARD SECRETARY KOWALSKI: Not to exceed 18 feet? Not to exceed how many feet? GEORGE WEISSER: design or the Club road. It will contain two lavatories and a common sink area. power will be Iow power. It will be a base of 100 amps service. MR. CHAIRMAN: Bob? It won't exceed 18 feet. I haven't finalized the House. It will contain, it's going to be an open The Page 85 -Hearing Transcript Regular Meeting - June 8, 199~, Southold Town Board of Appeals MEMBER VILLA: I don't have any problems. I mean this is the normal layout of this kind of facility. The center court is generally where you put the common facilities and the bluff is all around it to protect the existing neighborhoods, so it's all self contained. MR. CHAIRMAN: Is this hooked into the Creenport Sewer System. CEORCE WEISSER: No. MR. CHAIRMAN: No. OK. So the only thing you have is town water. You have Creenport Water. CEORCE WEISSER: Yeah, C;reenport Water and it's standard septic systems. MR. CHAIRMAN: Anybody have questions? Anybody want to move it? MEMBER DINIZIO: I~11 move it. MEMBER VILLA: I'll second it. MR. CHAIRMAN: All in favor? MEMBERS: Aye. BOARD SECRETARY KOWALSKI: Any conditions? No conditions? MR. CHAIRMAN: No, we will call you if we run into any problems during the decision in reference to X,Y,Z amount, you know, parking stall number six or parking stall number 8, or whatever. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 24, 1994 Moores Lane Holding Corp. P.O. Box 1143 Cutchogue~ NY 11935-1143 Re: Appl. No, 4243 - Variance,for Front 'Yard'Structures Gentlemen: Please find enclosed a corrected- copy of the Findings and Determination as filed with, the ,-Town Clerk's Office;. The,correction shows the, size of. the~ pool as permitted to be 50, ft. by 25 ft. [instead~ of the scaled map. filed with the,application, which shewed a 36 ft. by 16ft. swimmingpool). We have transmitted this copy to the Building. Depa~ment for their records and permit file, Very truly yours, Southold. Town Board of Appeals Enclosure Copy of Decision to: Building. Department Office of -the Planning: Boar~l APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appeal No. q2a,3: Application of, MOORE'S LANE HOLDING CORP. This is a request for a vaFiance under Article V Section 100-53B, Sectio~ 100-31C (ref. Section 100=33). and Section 100-231. based upon the May #. 199q Notice of. Disapproval,~ from the Building Inspector for permissio~ to locate,accessory uses (te~nis,,court. swimmim*3pool and pool clubhouse.)in an area other than the required rear yard. and with tennis-court fencin9, at, a height of~, more than four feet when located in, a front yard area. Location of, Property: 475 Cedarfields Drive. Greenpert. NY; County Tax Map Parcel No. 1000-q0-5-1.~2. The subject premises is-located in the Hamlet-Density Zone District. WHEREAS; a public,hearing wes heJd, on June 8.-199~. aL which time all. persons-who desired tobe heard, were heard; and WHEREAS~ the Board has carefully ,considered all,,testi~ony ,and documentatio~ submitted concerning this-application: and WHEREAS; Board Members have ,personaity.~vie~ecl and are familiar with the premises in question., its present zoflir~}, and' the ina ar-A-; and WHEREAS; the Board made the following findings of fact: 1. The premises in,question isa corner lot with frontage along the southerly side of. Cour~*y ,Road qB. Greenpert. at. Cedar4:ields. and is Io~bed in, the Hamlet Derrslty, (HD) Zone District with a total acreage of,, 22.235 acres. The, site plan mp dated: March 31. 199q submiteed, for consideration by the Board of., Appeals in,this appli- cation was recently,approved bythe To~n Planning Board' {subject to obtaining a variance for the Io~atJon off the pool. tennis.court, and accessory (clubhouse) building},. In fact. a Decla,~.~}o~ of Covenants and Restrictions has I;:cn filed in, the Suffolk County Clerk's Office recorded at-Liber 11667 pages a95-500 affecting the subject premis.es. 2. Proposed by,this variance application is.an acc~e~ory tennis court structure, not exceedincj~ 60, x 120 ft~ in size, an accessory 38 ft. by 32 ft. storage building~ (~efe.~. to' b~. applicant ,as a ~.club hse. ). and: an accessory ingreund sw~mminglx~.~°~56~ ft. b~a~,ft, or (~& less in size. plus patio areas. The distance is ,shown on the March 31. 199~ site plan map to,be 50: feet. o~ mere .from the Caleb~s Way access at,:its,closest point, from any ~street llne. Pa~je 2 '- Appl. No. q2q3 Application of MOORES LAND HOLDING CORP~ Decision Rendered June8. 199~ that: Article Ill. Section, 100~33A of the Zoning Code provides ...accessory buildings and structures,or other accessory uses,shall be 10cared in the required rear yard .... · , It is ,the opinio~ of~ the- Board Members that-the area chosen is reasonable under the circumsta~e~, particularly due to, the layout of the dwelling units with centralized buffer areas, surrounded by Caleb's Way. This general layout has been approved and recommended by the Planning Board. There are no available "rear yard" building areas, and all, yard areas are front or side yards when using the Southold, Town Code, dofinitions and the plan before the Board. The location of, these accessory structures and accessory building will~ not alter or adversely, affect the character of~ the surrounding areas or~ other residential zone dis"lu~icts. 5. Also. in considering this., applicatioet, the Board finds: (a} that the location of the proposed tennis.court, swimming pool. and accessory buildin9 will,net create an undesirable change, in, the neighborhood; {b} that the relief; as requested, is ,net substantial under the circumstances; [c) there is 'no alternal~ve,available~for appellant to pursue whicla would~ be more feasible, under the circumstances; (d) the property es a whole consists of,,nmstly,front yard area and does lend to difficulties in locating accessory buildings in a rear yard; (e) the grant of* the. relie~ 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 metion by Member Dinizio. seconded by Member Wilton, it was RESOLVED. that the relief requested, under Appeal No. &2&3 in the ~ of:: MOORES~ LANE HOLDING CORP,. be and: hereby, is APPROVED. AS APPLIED. Vote .of. the Board: Ayes: M~s. Doyen. Dinlzie~ Wilton. Villa and Goehringer. This. resolution wes duly adapted. ECEI ED AND FILED BY THE SOUTHOLD TOWN CT.~]~ ' Town Clerk, Town of Southold 9.E.R. ARD P. GOEHRIIgGER CHAIRMAN;. BOARD OF APPEALS APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 24. 1994 Moores Lane ,Holding Corp. P.O. Box 1143 Cutchocjue~ NY 11935-1143 Re: App[. No. 4243 - Variance for Front Yard'Structures Gentlemen: Please find enclosed a corrected- copy of the Findings and Determination as filed with the,,Town Clerk's Office.'. The,correction shows the. size of, the~ pool as permitted to be 50, ft. by 25 ft. (instead~ of the:scaled map. filed with the,application, which shewed a 36 ft. by 16ft. swlmmingpool). We have transmitted this copy to the Build!ng Department for their records and permit file, Very truly yours. $outhold, Town Board of Appeals Enclosure Copy of Decision to: Building. Department Office of the ;Plannlng: Board APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 24, 1994 Moores Lane -Holding: Corp. P.O. Box 1143 Cutchogue~ NY 11935-1143 Re: App[. No. 4243 - Variance,for Front Yard ' Structures Gentlemen: Please find enclosed a corrected copy of the Findings and Determination as filed with the ~Town Clerk's Office.'. The,correction shows the. size of. the~ pool as permitted to be 50, ft. by 25 ft. (instead,, of the:scaled map. filed with the,application, which shewed a 36 ft. by 16fi. swimmingpool). We have transmitted this copy to the Building, Depaetment for their records and permit file. Very truly yours, Enclosure Copy of Decision to: Buildin9. Depag~nnent Office of -the :Planning Boat-d Southold~ Town Board of Appeals COUNT,Y OF SUFFOLK ROBERT 1. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING June 27, Town of Southold Zoning Board of Appeals STEPHEN M. JONES, A.I.C,P, DIRECTOR OF PLANNING Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Pappas, Eleftherios and Others Lan, Richard jMoore's Lane Holding Corp. 4236 4241 4243 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 24. 1994 Moores Lane ,Holding Corp. P.O. Box 1143 Cutchogue~ NY 11935-1143 Re: Appt. No. 4243 - Variance for Front Yard Structures Gentlemen: Please find enclosed a corrected copy of the Findings and Determination as filed with the,-Town Clerkts Office;. The.correction shows the. size of. the: pool as permitted to be 50. ft. by 25 ft. (instead,~ of the scaled map. filed with the,application, which shewed a 36 ft. by 16ft. swimmingpool). We have transmitted this copy to the Building. Depa~ment for their records and' permiL file. Very truly yours, Southold. Town Board of Appeals Enclosure Copy of Deeision to: Building. Department Office of the Planning Boa~cl APPEALS BOARD MEMBERS Gerard R Goehringer, Ch-i,~nan Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X/V of the Suffolk County Adad-nistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning CuL,~Hssion: ~(X Variance from the Zoning Code, Article V , Section 100-53B,100-31C . .(ref. Sec.lO0-33) 100-231 --Variance from Determination of Southold Town Bui/a~ng Inspector ~Special Exception, Article , Section __ Special Permit Appeal No:4243 Applicant: Moore's Location of Affected Land:475 Cedarfields County Tax Map Item No.: 1000-40_5_1.42 Within 500 feet of: Lane Holding Corp. Drive, Greenport, N.Y. Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX 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 Comments: court, Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Applicant is requesting permission.tolocate swimming, pool and pool clubhouse)in an area required rear yard. accessory uses(tennis other then the Copies of Town Dated: June ~$ file and related documents , 1994 enclosed for your review. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD June 21, 1994 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Moores Lane Holding Corp. P.O. Box 1143 Cutchogue, NY 11935-1143 Re: Appl. No. 4243 - Variance for-Front Yard Structures Gentlemen: Enclosed please find a copy of the Board's Findings and Determina- tion renderec[ at our June 8. 1994 Regular Meeting. Before commencing construction activities, please be sure to return to the Building Department and any other agency which may have jurisdiction in this project for reviews and issuance of appropriate permits. For your convenience, we have furnished the, Building Department with copies of this determination for their- permanent recordkeeping and update. Also. we have transmitted a copy of this-file to the Suffolk, County Department' of Planning in accordance with the, Suffolk- County Administrative Code, rules and regulations pertaining: to projects located within 500 feet 'of 'a county roadway. Once we have received their written response, we will forward a copy to you for your permanent recordkeeping. Very truly yours, Linda Kowalski. Clerk Southold Town Board of. Appeals Enclosure cc: (With copies of this determination to:) Town Building Inspectors' Office Suffolk County Department 'of Planning APPEALS BOARD i~MBERS Gerard P. Goehr/nger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD MEMORANDUM Town Hall, 53095 Ma/n Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: RE: Chairman, Planning Board Attn: Bob Kassner Office of the Board of Appeals May 17, 199~ Proposed Accessory Uses and Structures Moore's Land Holding Corp. 1000-~0-S-1.~2 As a coordination in.the above.application, please,confirm whether or not the Plannincj Board will. require an amendment to their receipt site plan approval on this parcel for the location of the accessory uses and.structures, and if not, if you would, like to provide a recommendation to the applicant or an alternative-for the applicant pursue. Attached is a print of the proposed site~plan showing the area of the proposed structures, which are the subject of a setback (front yard location) application at. this time. Thank you. Attachment 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 i public heatings will be held by i the SOUTHOLD TOWNi BOARD OF APPEALS, at the Southold Town Hall, I 53095 Main Road, Southold, l New York 11971, on I WEDNESDAY, JUNE 8,! 1994, commencing at thej times specified below: "' I 1. 7:30 p.m. AppL No. 4235-i KIM FALI,ON AND CYN- THIA SUTRYK. (Hearing Continued from May 4, 1994), This is a request for a variance based upon the April 4, 1994 I Notice of Disapproval from] the Building Inspector to/ locate accessory building in.I the front yard area. Location i 7_~of Property: 3200 Soundvi~t I Avenue, Mattituck, NY; Coun- I ty Tax Map Parcel I 1000-94-2,5. 2. 7:35 p.m.~ppl. No. 4234- I ALEX AND MARIONI WIPE (Hearing ContinuedI from May 4, 1994). This is a request for a variance under Article III, Section 100-33C for p~rmission to locate an ac-, cessory garage with a fron- ! tyard setback at less than the ] required 40 ft. front yard set- i back. This parcel is noncon- forming with a lot area of ap- proximately 22,000 sq. R. and frontage of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-13-7. 3. 7:40 p.m. Appl. No. 4246-, LKC CORP. and JASTA, i INC. This is a request for a I Special Exception for permis- ] sion to establish a drinking~ establishment' use as listed t under Article XI, Section~ 100-10lB in an existing prin- ~....~ipal building. The subject 'premises is nonconforming with a lot area of approx- imately one-half acre and 115+ ft. frontage along the north side of the Main Roa'd apd is located in the B-General Business Zone District. Pro- perry Address: 6955 Main Road, Laurel, NY; County Tax GECO :50 p.m. Appl. No. 4245- RGE AND SUSAN TSAVARIS. This is a request · for a variance under Article XXIII, Section 100-239.4A for permission to locate swimm- ing pool with fence enclosure within 100 feet of the bluff of the Long Island Sound. Loca- tion of Property: 2170 The Strand, Lot I11 at Pebble Beach Farms, East Marion NY: Parcel ID No. 1000-30- 2-53. 5. 7:55 p.m. Appl. No. 4244SE- DEPOT ENTER- PRISES, INC. This is a re- quest for a Special Exception, as amended, to include ap- proval for the location and use of a proposed addition to the existing principal building located at 320 Depot Lane, Cutchogue, New York. The proposed addition is an 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 to'the existing prin- cipal residence. Location of Property: 4105 Soundview Avenue, Mattituck, NY; Coun- ty Tax Map Parcel No~ 1000-94-3-part of 1.7, also known and referred to as Lot No 2 on the Subdivision Map of'Robert and'J~an Eeh~er.'- 7. 8:10 p.m. Appl. No. 4240- JOHN CROKOS. This ig a re- quest for a variance under Ar- ticle XXIX, Section ', 100-239.4A based upon the l May 4, 1994 Notice of Disap- proval from the Building In- spector for permission to locate swimming pool with fence enclosure within 100 feet .~1 f the bluff along the Long sland Sound. This property 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, ~Lot No. 7 on the Map ol~l~and View Estates; County Tax Map Parcel No. 1000-14-2-3.11. 8. 8:15 p.m. Appl No. 4241- RICHARD LAN. This is a re- quest for a variance under Ar- ticle ILIA, Section 100-30A.4 (ref. Article iii, Section 100-33) based upon the May 4, 1994 Notice of Disapproval from the Building Inspector in a building permit application to construct pool and deck in the front yard area, as an ac- cessory use. Location of Pro- perty: 230 Bridge Lane, Cat- chogue, NY; County ~ Map I 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 i subject premises is located in [ an R-40 Low-Density Residen- [ tiai 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 I00-53B, Section 100-31C (ref. Section 100-33), and Section 100-231, based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for per- mission to locate acessory uses (tennis court, swimming pool and pool clubhouse) in an area other than the required rear yard, and with tennis-court fencing at a height of more than four feet when located in a front yard area. Location of Property: 475 Cedarfields Drive, Greenpo~'t, NY; Coun- ty Tax Map Parcel No. 1000-40-5-1.42. The subject premises is located in the Hamlet-Density Zone District~' 10. & 11. 8:25 p.m. TONY AND MARIA KOSTOULAI 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. Appl No. 4098 - (Continued Hearing) This is a request for a variance under Article XXIII, Section 100-239.4 for approval of a deck extension located within 100 feet of the bluff of the Long Island .Sound. ' Appl No. 4248~ This is a re, quest for a variance under Ar- ticle IliA, Section 100-30A.3 for approval ora deck addi- tion with insufficient side yard 12. 8:35 p.m. Appl. 4247- HUGH T. and CAROL L. CONROY. This is a request for a Special Exception to establish an Accessory Apart- ment in conjunction with the owner's occupancy within ex- isting residetice as authorized under Art/cie III, Section 100~30A.2B and Section 100-31B(14} of the Zoning .Code. Location of Property: Westerly side of Gin Lane,: Southold, NY; also referred to as Lot No. 2 on the Subdivi- sion Map of Bay Haven filed in the Suffolk County Clerk's Office as Map 2910; further identified on the County Tax Maps as 1000-88-3-6. 13. 8:55 p.m. Appl. No. a'~o. ~'AR~,~.I~ET fBEST *~D A"D~'L~ Sv~VI~RSONt This is a request for.~ varianc~ under Article iliA, Section 100-30.1 based upon the May' 2, 1994 Notice of Disapproval by the Building Inspector for approval of the proposed in- sufficient lot area and insuffi- cient lot width of proposed Parcels No. I and No. 2. Loca- tion of Property: Private Road No. 17 extending off the easter!y side Of Camp Mineola Road, Mattituck, NY; Coun- ty Tax 'Map Parcel No. 1000-123-6-17. The .subject premises contains a total lot area of approxi/nately 1.2 acres in total area and is located in the R-40 Low-. Density Residential Zone District ~.. The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to' be heard in the above matters. Written comments n~ay also be sub- mitted 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. L,, : Da~ed: May 23, 1994 BY 'ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER · CHAIRMAN . By: Linda Kowalski ~..: IX'5/26f94( ~40.~ COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for Z weeks success~vely, commencing on the ~w,o~n to before me on this ....-c~~ .... day of .......... ........... . Notary Public BARBARA A. SCHNBDER NOTARY PUBLIC, State of Ne~ YOlk No. 4806846 Qualified in Suffolk ~ Commission Expir~ 2'/~'//~ NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, ursuam to Section 267 of the Town aw and the Code of the Town of outhold, that the following public carings will be held by the OUTHOLD TOWN BOARD OF ,PPEALS, at the Soothold Town laU. 53095 Main Road, Southold. 4ow York 11971. on WEDNESDAY, UNE 8, 1994, commencing at the ime specified below: I. 7:30 p.m. AppL No. 4235 -- ~.iM FALLON and CYNTHIA ;UTRYK. (Hearing Continued from day 4, 1994). This is a request for a .afiancc based upon the April 4. 1994 ALEX and MARIO~WIPF- (Hearing Continued from May 4, 1994). This is a request for a variance under Article Ill, Section 100-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard set- back. 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. 3. 7:40 p.m Appl. No. 4246 ~ LKC CORP. and JASTA, INC. This is a request for a Special Exception f~ permission to establish a drinking XL Section 100-10lB in an existing principal building. The subject premis~ cs is nonconforming with a lot area of approximately one-half acre and I 15: Main Road and is located in the B, General Business Zone District. property Address: b955 Main Road. Laurel, NY: County Tax Map No. 1000-122-6-36. 4. 7:50 p.m. Appl. No. 4245 -- GEORGE and SUSAN TSAVARIS. This is a request for a variance under Article XXIIL Section 100-239.4A for permission to Ioca~e s~immingpool with fence enclosure wilhin 100 feet of thc bluff of the Long Island Sound. Location of Property: 2170 The Strand, Lot III 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, ~ amended. In include approval for the leon to thc cxi,bng principal building Ioca~ed at 320 Depot Lame. Culchogue, New York. Tl~e proposed addition is an expansion of Ihe existing recre- ational membership club and is located in the Residential-Office (RO) Zone District Property ID No. 1000-102-2- 6. 8:05 pm. Appl No. 4249 -- SANFORD and SUE HANAUER. ~his is a request lot a Special Excep- lion to establish and operate a Bed and Breakfasl in accordance with the pro- visions of ~he zoning code at Article IlL Section 100-31B(15L with owner- occupancy, and as an accessory to the cxisdng principal residence. Location of Property: 4105 Soundview Avenue, Mauituck, NY; County Tax Map Panel No. 1000-94-3-part of 1.7, also known and referred to as Lot No. 2 on Ibc 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 XXIX. Section 100-239.4A based upon the May 4. 1994 Notice of Disapproval from the Building Inspector for per- mission to locate swimmingpool with fence enclosure within 100 feet of tbe/,~ bluff along the Long Island Sound. This property was the subject of prior Appeals under Appk No. 4204 as ren- dered 12/8/93 and AppL No. 4140 as rendered 2123193. The subject premis- es is improved with a single-family dwelling and contains an area of approximately 40,000 sq. ft. (total lot area). Location of Property: 2110 Grand View Drive, Orient, NY; Lot No. 7 on the Map of Orand View Estates; County Tax Map Parcel No. 8. 8:15 p.m. Appl. No. 4241 -- RICHARD LAN. This is a requesl for a variance under Article IliA. Section 100-30A.4 (ref. Article Ill, Section 100-33) based upon the May 4, 1994 Notice of Disapproval from the Building lnspeclor in a building permit application lo construct pool and deck use. Location of Properly: 230 Bridge Lane. Cutchogue. NY; County Tax Map Parcel No. 1000-Il1-15-1.4 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 MOORE'S LANE HOLDING CORP. This is a request for a variance under Article V Section 100-53B, and Section 100-231, based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for per- his court, swimmingpool and pool ~OI~ clubhouse) n an area other than thc ~ of Mattituck. in court fencing al a height of more. than I~ duly sworn, say~ that he/she four feet when Iocaled in a front yal~ 'k of THE SUI~FOLK TIMES. a area. Location of Property: 475 Ccdarfields Drive, Grecnport, NY; er, published at Mattltuck. in County Tax Map Parcel No, 1000-40- 5'1.42. Thc subject p~cmises is located lthold, County of Suffolk and in thc Hamlet-Density Zone District. 'k, and that tho Notice of which 10. & II. 8:25 p.m. TONY and MARIA KOSTOULAS. Location of tprinted copy, baa been regular- Property: 1035 Aquaview Avenue, Itld Newspaper once each week East Marion, NY; County Tax Map parcel No. 1000-21-2-13, This prop- ' · Ruccessively, commencing on crty is nonconforming as to total lot area in this R-40 Zone District. f 19~ . AppL No. 4098 -- (Continued Hearing). This is a request for a variance under Arriclc XXIlI, Sec on 100-239.4 for approval of a feet of the bluff of the Long Island ~.~ [. Principal Clerk Sound. proval of a deck addition with in- sufficient side yard setbacks. 12.8:35 p.m. AppI. 4247 -- HUGI~f T, and CAROL L, CONROY. This is a request for a Special Exception to s //~ ' establish an Accessory Apartment in c~ °;t ~1, ~ / conjunction wilh the owner's occupan- cy within existing residence as autho- rized under Article I|L Section 100- 30A.2B and Section 100-31B(14) of the Zoning Code, Location of Property: Westerly side of Gin Lane. Southold. NY; also refen'ed 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 ] 000-88-3-6. 13.8:55 p.m. AppL No. 4239 -- MARGARET BEST and ADYLYN SYVERSON. This is a request for a variance under Article IliA. Section 100-30A.I 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/il and #2. Location of Prop- erty: Private Road/'17 extending off the easterly side of Camp Mineola Road, Maffituck. NY; County Tax Map Parcel No. t000-123-6-17. 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-Densiry Residential Zone Dis- The Board of Appeals v, iU at said time and place hear any and all per- sons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hear- lng. Each hearing will not start before the times designated above, if you wish to review the files or need to request more information, please do not hesitate to eau 765-1809 or visit our office. Dated: May 23, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linde Kowalski APPEALS BOARD MEMBEILS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No.4243 Project/Applicants: County Tax Map No. Location of Project: Moore's Lane Holding Corp. 1000-40-5-1.42 475 Cedarfield's Drive, Greenport, NY May 9, 1994 Relief Requested/Jurisdiction Before This Board in this Project: Construct clubhouse, swimmingpo01 and tennis courts in front yard area. Tennis court fence to exceed four feet 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD May 24. 1994 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TO: Applicants RE: Public Hearings - June 8, 1994 Dear Sir or Madam.: We are in receipt 'of your recent-application~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 1~ days. If you have not already staked the proposed new construction, we ask,that you please doso immediately. It is requested that one of the property owners, or if the, property owne~, 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 public 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~J~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 Avertue P.O. Box 281 Mattituck. NY 11952-0281 Attn: Kelth Keller-Sandgren· Associates 10 Mineola Avenue Roslyn Heicjhts. NY 11577 Mr. James Fitzgerald P.O. Box 617 Cutchocjue. NY 11935-0617 Moore's Lane ~Holding Corp. P.O. Box 1143 Cutchocjue. NY 11935-1143 Patricia C. Moore. Esq. P.O. Box 23 Westphalia Road Matt{tuck. NY 11952-0023 Mr. and Mrs, Hugh T, 380 Gin Lane Southold, NY 11971 Conroy Dr./Mrs. Robert Hariri 61 Lafayette Avenue Chatham~ NJ 07928 Scheffs Trust 3100 Soundview Avenue Mattituck. NY 11952 M/M Demetrio Lavecjlia 97-24 116th Street Richmond Hill. NY 11419 Copies to TB. BD. PB. TA Departments APPEAI~ BOARD MEMBERS Gerard R Goehrin~er, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ri,h,,d C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.9.R.A. TYPE II ACTION DECLARATION Appeal No. 4243 Project/Applicants: Moore's Lane Holding Corp. County Tax Map No. 1000- 40-5-1.42 Location of Project: 475 Cadarfields Drive, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 9, 1994 Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate accessory uses (tennis court, ~wimmingpool and po01 clubhouse) in area other than required rear yard and with tennis court fencing above 4' 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 REGISTRAR OF VITAL STATISTICS MARI~AGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD "TO: FROM: RE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY. SOUTHOLD TOWN CLERK ZON)NG APPEAL NO. 4243 - MOORE'S LANE HOLDING Dated: May 9, 1994 Transmitted is application for variance of Moores Lane Holding Corporation, Notice to adjacent property owners, Southold Town Building Department Notice of Disapproval, cop}, of application for building permit. Questionnaire for filing with Z.B.A. application, Map of Mooresland at Greenport with project indicated. 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: (SqRSrate sheet may-be attached.) B. Is the subject premmses listea on the real estate marxat for ~ sale or being shown to prospective buyers? { } Yes { } Yes ~ No D. 1. Are there any areas which contain wetland grasses~ ~ 2. Are the wetland ~eas shown on the map s~mi~ted with this application? 3. Is the property bul~d between the wetlands area and the upland building area? ~ 4.' If your property contains weZlan~s or pond areas, have you contacted the Office of the Town Trustees for its dete~ination of jurisdiction? .//~/~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level2 ~ (If not applic~le, state "N.A.") F. Are th~m any patios, concrete barriers, bulkheads or fe~ which e~: ~d are not Mh~ ~ ~ survey map that you ~m . S~mitting?~ If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? If yes, please suhmit.a copy of your building pe~it and map as approved by the Building Depar~ent. If none, please state. H. Do you or any cc-owner alsd own other land close to this parcel? If yes, please explain where or submit copies of deeds.'" I. Please list present Use or operations parcel proposed use aUtn°rlzed Signature an~ Data 3/87, 10/901k conducted at this and § 97-I3 WETLANDS § 97-13 TOWN ~ The Town of Sour:hold. TRUSTEES -- The Board of Trustees of the Town of Southotd. [Added ~-5-84 by L.L. No. 6-1984] W'ET'r--~-"FDs [Amended 8-26-76 by ~ No, 2-1976; 3-2~- A. ~IDAL WET~NDS: (1) All l~nds generally covered or in~rmittently cov- ered with. or which border on. tidal wam~. or l~nds lyin~ beneath tidal waters, which at mean low Ude are covered by tidal waters ~ a maximum depth five (5) feet. includin~ but no~ limited m banks. bo~s. salt marsh, swamps, meadows, fl~ or othe~ Iow lyin~ lands subject ~ tidal action: (2) All banks, bogs. meadows, fla~ 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. saltwort, sea lavender. ~11 cord~as~, high bush. cat. ils. groun~ m~shm.~w ~d ~w (3) AIl ~d immedlate~ ~di.cent ~ s t/dui w~innd as ddfined in Subsection A(2) and lying ~vithin 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. tie 1. ~ 24-0107, Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the Sm~e of New York: and (2) All land immediately adjacent ~o n"freshwnter we~ land." ns defined in Subsection B(I) and b'in~ wi~h- in seven,y-five (75) feet ln,,dward of ~he mos~ land- Ward edge of a "freshwa:cr wetland." 9705 ' RR / HD HD' ~R-80 \ \ \ \ / SHELTER COUNTY OF SUFFOLK ReaJ Property Tax Service Agency LD lo00 040 JUDITH T. TERRY, TOWN CLERK RECEIPT' Town of Southold Southold, New York 11971 Phone:516-765-1801 /ff ~/. ~ DATE FOR: ~ ~HECK ~/ 0 BOARD OF APPI~ALS, TOWN OF SOUTHOLD 1o the Board of Appeals of lhe To of Sou~hold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~intention of [he undersigned to petition the Board of Appeals of the Town of Southold to request ~.~V~r~(Special Exception) (Special Permit) (Other) [circle choice] 2 ' . That the property whicl~s th~ subject of,~hR Peri, on is ~c~t~,adjacent to y~perty and is 3. ~,~e property which is the subject of such Petition is located in the following zoning district: 4' That h~ such .Pet it ion,)he und~ersigr).eT:l/)Wil, re. guest.thee'following relief: ~~~ 5. That the provisions 9f the Southold Town Zoning Code applicable to the relief sought bvthe under- sigoedare : .cZe // , c .on loc). lt [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. Thal within five days from the date hereof, a written Petition requesting the relief specified above will be filed in ~he Southold Town C~erk's Office at Main Road, Southold, New York and you may then and there examine ~he same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such n~tices; that you or your representative have the hearing. right to appear and De heard at such [Copy of sketch or plan showing proposal purposes.] tO be attached for convenience _~,. Receipt for ' Certified Mail No InSUrance Cover · Do not use for age Provided OOF OF MAILING OF CERTIFIED MAIL ADDRESS Receipt for Certified Mail No Insurance Coverage Provided STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: /_.../-.~,,~¢~p~.~ ~., ~._v,~ ¢r.~_ - . . being duly sworn, deposes and says that on [he ~ ~ day of' "~' LJ , 19 ~'~ , deponent mailed a true copy of the Notice set forth on the re- verse side here~j, 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 a.ssessme,:nX roll ,ef the .Town of Soulhold; that said Notice~ were mailed at the United States Post Of- rice at ~ ~/.C~. ;that sa:d N~,ce~,were mailed to each of said persons by / Sworn to before me lhis ~"~'~ day~(~..,.,_~ ~ ~of ,/"~/~ ~_.,, .' Notary Public HELENE D. HORNE Notary Public, State of New York No. 4951364 Oua!ified in Suffolk C~o~r~ty/1 (This side does not have to be completed on form transmitted to adjoining property owners.) Z '" SI TE KEY MAP .54.~0' E CLUSTER MIDDLE "E N 69*00'20 S C m ROAD ( C.R. 48 ) ( NORTH RoAD ( MAIN RoAD ) 695.97 ~LjFFE¢ 550.00' C CL US TER ~ TEST HOL~ NO,9 TEST HOLE No.6 TEST HOLE No 7 ALL PROSPECT?VE OWNERS OF UNITS WITHIN THIS PROJECT SHALL BE INFORMED BY MEANS OF m/'/ ADVISORY COVENANT OF' TIIE LOCA 7'tON OF THE PROPERTY TO THE NEARBY LANDFILL SITE FUTURE ~WELL F/ELD WELLS TO BE 200' FROM SEPTIC SYSTEM A DECLARATION OF COVENANTS AND RESTRICTION HAS BEEN FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE WHICH AFFECTS THIS PROJECT TEST HOLE NO 8 Liber IlSB7 Poge$ 4,95 - 500 OWNER MOORES LANE DEVELOPMENT CORPORA T/ON P.O. BOX II43 CUTCHOGUE~ iN. Y. 11955 AREA = 22.235 Acres PECONIC SURVEYORS', P.C BLDG. ZONE' DIsTRIcT: , HD .: ~ 5/6 I 765 - 5020 FIRE DISTRI, CT ~ ,., :,GREE,NPORT P.O. ,BOX 909 ' MAIN ROAD [ ScHoOL DISTR!G"'/";' GI~EENPORT SOUTHOLD ~N..y. IIgTI ~ -,:, ,' lH£ UND£RS~GNED CERTIFIES THAT THIS MAP 'FLOOR ATE MAP OF MOORESLAND AT GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. I000 40 - 05 - 1.42 SCALE I" = 60' MAR! .~1, /.994 I HEREBY CERTIFY THAT THISIMA~ WAS MADE BY US FROM ACTUAL 9tJRVE¥~ CGHN T, MET~GE~Y.9. L,S. U!~, ~0. 49el8 ,I