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HomeMy WebLinkAbout42241350 West COve Road, Nass Pt. Cutchogue 111 5 2 #4214 - Deadf±led 3/9/94 when reolaced by #4224 to correct papers and correct Disapproval, GL~CKM~N, Thomas &T-]4oby ~224 - filmd R~R/R4 t~L~st Ext:~-~:g~n of ~B~L~!~9~ Guest Unit which presently contains less ~nan ~u sq. ~t. a~d to ~equest poel With 4+ acre parcel, GLUCKHAN, THO~ RO~ APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4224. Upon Application of THOMAS AND ROBY GLUCKMAN. This is an application, with amendments, concerning property known as 1350 West Cove Road, Nassau Point, Cutchogue, NY; County Parcel ID 1000-111-5-2, requesting: a) a variance based upon the Building Inspector's February 23, 1994 Notice of Disapproval concerning a building permit application to alter an existing garage with attached guest unit, which will include an expansion of the guest unit by more than 50 percent of its present size; ref. Article XXIV, Section 100-241 of the Zoning Code; and b) a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, which will not be located in the required rear yard or required front yard; ref. Article Ill, Section 100-33 and Section 100-33C of the Zoning Code; and c) a variance based upon the Building Inspector's March 14, 1~94 Notice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, a portion of which is proposed within 75 feet of the bulkhead along Horseshoe Cove; ref. Article XXIII, Section 100-239.4B of the Zoning Code. WHEREAS, a public hearing was held on April 6, 1994, at which time all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: Page 2 - Appl. No. 42;I Matt, er of'THOMAS AND~BY GLUCKMAN Decision Rendered May 4, 1994 1. AREA VARIANCE. This is an application based upon the following Notice of Disapproval from the Building Inspector: February 23, 1994, March 4, 1994, and March 14, 1994. 2. CODE REQUIREMENTS. (1) Article XXlll, Section 100-239.4B-1 of the Zoning Code requires all buildings and structures located on lots upon which there exists a bulkhead to be set back not less than seventy-five {75} feet from the edge of the bulkhead; (2) Article Ill, Section 100-33, requires accessory buildings and structures to be located in the rear yard, or in the case of a waterfront parcel, in the front yard; (3) Article XXIV, Section 100-241 of the Zoning Code limits an expansion of a nonconforming building or use. 3. PROPERTY DATA. The premises in question is situated on the corner of West Cove Road (a/k/a Northwest Loop) and Vanston Road, Nassau Point, Cutchogue. This parcel contains a total lot area of 4.2+- acres and is presently improved with a one-story house, raised, and an accessory garage building in the front yard area, all as shown on the survey prepared September 13, 1993 by Roderick VanTuyl, P.C The property has variable contours in areas close to the existing house, which lend to the limitations for building in reasonable locations while meeting all other zoning code requirements. 4. P~OPOSAL. One of the proposals in this application is a request to locate an inground swimming pool at 60 feet from the edge of the ordinary highwater mark, and with pool house/shed structure in the northerly side yard (all within a full fence enclosure.) Second, the accessory garage is proposed to be altered to expand "sleeping quarters" from the northwesterly end of the garage, throughout the entire existin~ garage. The "sleeping quarters" which is shown to exist is labeled on the September 13, 1994 survey as "apt" and "pcb", although it is not and has never been an apartment. (Apparently, the survey was mislabeled and should have depicted "sleeping or cot area" rather than "apt." 5. INSPECTION(S) AND RESEARCH DATA. (a) An inspection of the site reveals that the house is presently set back approximately 110 feet from the existing bulkhead and 30 feet from the southerly property line at its closest points. The accessory garage is located in the front yard approximately 220 feet from the bulkhead and centered between property lines. The square footage of the garage area Page 3 - Appl. No. 422i Matt~er of 'THOMAS ANDI~BY GLUCKMAN Decision Rendered May 4, 1994 proposed for "sleeping quarters for members family" on the premises is 48 ft. by 26 ft. exists at present as a garage. of the owners' the same size as (b) Regrading and new landscaped areas must be done to keep surface water runoff directed away from the bulkhead and Horseshoe Cove, and measures will need to be taken to either truck the pool water off site, or properly install drywell drains. (c) Preexisting Certificate of Occupancy No. Z-22620, as corrected and dated February 23, 1994, shows occupancy for a 'one family dwelling with attached "shed" (generator cover),' accessory deck "landing" and pumphouse". Certificate of Occupancy No. Z-3129 dated June 26, 1968 shows occupancy for a private garage (accessory building). Certificate of Occupancy No. Z-3999 dated September 28, 1970 shows occupancy for an addition to the private one family dwelling, referred to as House No. 1350 West Cove Road and 2260 Vanston Road, which addition was built under Building Permit No. 4732Z dated May 5, 1970. 6. OTHER TOWN AGENCY JURISDICTION/REVIEW. Prior to issuance of a building permit for the swimmingpool, an application or other written request is expected to be necessary with the Office of the Town Trustees confirming their action under this project under the Town Wetland Ordinance (Ch. 97). 7. EFFECTS OF RELIEF REQUESTED. It is the position Board that in considering the relief requested and more particularly shown on the September 13, 1993 survey that: of this (a) the setback at 60 feet is substantial in relation to the requirements, that is, 20 percent of the requirement; (b) the grant of the entire relief will, in turn precedent, and will alter the essential character of the neighborhood; set a (c) there is an alternative for appellants to pursue with a greater setback at 65 feet from the bulkhead. NOW, THEREFORE, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to DENY the relief requested for the inground swimmingpool at 60 feet, or less from the bulkhead, and be it FURTHER Page 4 - Appl. No. 42;~ Matter. of THOMAS AND ROBY GLUCKMAN Dec~sion Rendered May 4, 1994 RESOLVED, to GRANT alternative relief for the inground swimmingpool at 65 feet from the bulkhead at its closest point, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the pool area be open to the sky, without a building enclosure; and 2. That there be no lighting that would be adverse to neighboring areas; 3. That the fence be placed as required by the Building Inspector for safety purposes; 4. That there be no other land disturbance to or close to the bulkhead or nearby areas within 75 feet thereof, and that hay bales shall be temporarily placed north of the area under construction while construction activities are pending; and be it FURTHER RESOLVED, to GRANT a variance for conversion of the existing accessory garage building for sleeping quarters for family members only, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no expansion in the existing floor area of the building -- remaining at the present size of 26 ft. by 48 ft. 2. That in the event of a future proposal to subdivide, the owners, their heirs, successors and assigns, and/or subsequent owners, must reapply to the Board of Appeals for continuation of the use of the garage as family sleeping quarters accessory to the existing residence and for an appropriate amount of land area and location of lot lines with appropriate setbacks to be applied for this proposed use (which would then be a modification to less than the 4.2+- acres and altered setback lines); 3. That the accessory garage building to be converted shall not be rented or leased; 4. That the use shall remain accessory to the ma~n dwelling and riot a separate use; 5. That the accessory building shall be permitted to be used for sleeping purposes for family members; 6. That there shall not be any kitchen or cooking facilities; ?. That there be no further expansion without additional Page 5 - Appl. No. 42240 Matter of THOMAS AND RO'BY GLUCKMAN Decision Rendered May 4. 1994 Board of Appeals approval. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Doyen, Goehringer and Villa, except that Member Villa is opposed to the pool location. This resolution was duly adopted. "/~ SOUTHOLD TOWN BOARD OF APPEALS APPEALS BOARD MEMBEi~S Gerard lq. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, 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 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 Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY~ APRIL 6: 1994~ commencing at the times specified below: 1. 7:30 p.m. App1. No. 4221 - ARTHUR BURNS. This is a request for a variance based upon the March 1, 1994 Notice of Disapproval from the Building Inspector concerning a building permit application for fencing around the existing tennis-court, which height exceeds the requirements when located in a front yard; ref. Article XXIII, Section 1OO-231 of the Zoning Code. Location of Property: 3525 Private Road #13, Mattituck, NY; County Tax Map Parcel No. 10OO-105-1-4. Zone District: R-80 Residential. 2. 7:32 p.m. Appl. No. 4218 - JOHN E. STRIPP and JUDITH D. STRIPP. (Continuation from March 2, 1994). Proposed dwelling with reduced front yard setback from Private Road off East End Road, Fishers Island, NY; 1OOO-7-2-9. Southeld eals Regular Meeting of April 6. 199~t 3- 7:40 p.m. App]. No. h220 - JOHN E. STRIPP and JUDITH D. STRIPP. This is a request for a variance based upon the Building Inspector's February 24, 1994 Notice of Disapproval concerning a building permit application for a swimaingpooi with enclosure in a front yard location; ref. Article III, Section 1OO-32 of the Zoning Code. Locatio~ of P.upe~t¥: Private Road off East End Road. Fishers Island, NY; County Parcel ID 1000-7-2-9. 4. 7:45 p.m. Appl. No. 4222 - CINDY BENEDETTO. This is a request for a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application for an addition at the rear of existing dwelling which will be located within 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXlII, Section 100-239.4B of the Zoning Code. Location of Property: Lot No. 61 at Cleaves Point, Section III; 910 Maple Lane, Greenport, NY; County Parcel 1D 1000-35-5-26. The subject l:rremises is substandard and is located in the R-40 Residential Zone District. 5. 7:50 p.m. Appl. No. 4227 - WILLIAM GASSER. This is a request for a variance based upon the Building Inspector's February 4, 1994 Notice of Disapproval concerning a building permit application for two identification signs, as exist on fence, which do not meet the setback requirement of 15 feet from SPoua~th~l~ Notice of H4gs Town Board of AppeaLs Regular Meeting of April 6. 199~ all property ]Jnes, reft Article XiX, Section 100-91(c), Article XVIII, Section 1OO-81-C(2a) of the Zoning Code. Zone District: Hamlet Business. 6. '7:55 p.m. Appl. No. 4223 - DONALD BREHM. This is a request for a variance based upon the Building Inspectof's March q, 199q Notice of OiSdpproval ~u,~erni1~j a building pemit application for a deck addition proposed ~ithin 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXIII, Sectio~ 100-239.qB of the Zoning Code. Location of Property: 1010 Maple Lane, Greenport, NY; Lot No. 60 at Cleaves Point, Section III; 1010 Maple Lane, Greenport, NY; County Parcel ID 1OOO-35-5-27. The subject premises is substandard and is located in the R-qO Zone District. 7- 8:00 p.m. Appl. No. q226 - THOMAS AND JOAN KELLY. This is a request for a variance based upon the Building Inspector's March 10, 199q Notice of Disapproval concerning a building permit application to locate a storage building within 75 feet of the bulkhead along Horseshoe Cove at Cutchogue Harbor; ref. Article XIII, Section 100-239.qB of the Zoning Code. Location of Property: 1050 West Cove Road, at Nassau Point, Cutchogue, NY; County Parcel ID 1000-111-5-1 containing acres. Southold Is Regular Meeting of April 6. 199q 8. 8:0~ p.m. App]. No. q22~ - THOMAS AND ROBY GLUCKNAN. This is an application, with amendments, concerning property known as 1350 Nest Cove Road, Nassau Point, Cutchogue, NY; County Parcel ID 1000-111-5-2, requesting: a) a variance based upo~ the Building Inspector's February 23, 199q Notice °f Oia.pprovai concerning a building permit application to alter an existing garage with attached guest unit, which will include an expansion oF the guest u-nit by more than 50 percent of its present size; ref. Article XXIV, Section 100-2ql of the Zoning Code; and b) Narch ~, application to construct an fence enclosure, which will yard or required front yard; and a variance based upon the Building Inspector's 199q Notice oF Disapproval concerning a building permit inground pool, pool house, deck and not be located in the required Tear Tel. Article III, Section 1OO-33 Section 1OO-33C oF the Zoning Code; and c) a variance based upon the Building Inspector's Narchl~, 1994 Notice oF Disapproval concerning a building permit application to construct an inground pool, pool house, deck and Fence enclosure, a portion oF which is proposed within 75 feet of the bulkhead along Horseshoe Cove; ref. Article XXlII, Section 100-239.qB oF the Zoning Code. Southoid Is Regular Meeting of April 6. 199~ 9- 8:15 p.m. App]. N~...q225 - RICHARD AND DOLORES PR1NCIPI. This is a request for a variance based upon the Building Inspector's March 2, 1994 Notice of Disapproval concerning a building permit application to relocate a dwelling structure within l OO feet of the L.I. Sound bluff; ref. Article XXIII, Section 1OO-239.4A-1 of the Zonin§ Code. Location of Property: Lot #2 sho~ on the 1985 Nap of Blue Hu, izo~s, Section ; also known as /4660 Blue Horizon Bluffs ~d~ Pec~nic~ NV; Coant¥ Parcel ID 1000-74-1-35.52. 10. 8:20 p.m. Appl. No. 4228 - VICTOR and GAIL RERISI~ as contract vendees. (Owner: Doris E. Schwartz}. This is a request for a variance based upon the Building Inspector's March 15, 1994 Notice of Disapproval concerning a building permit application to locate a dwelling, the northerly portion or,which wil! be within 75 feet of the bulkhead near Gui] Poad; ref. Article XXlll, Section 1OO-239.qB of the Zoning Code. Location of Property: Lot No. 34 and part of 33 on the Nap of Section Two at Cleaves Point, filed Nap No. 3521; also known as 800 Snug Harbor Road, Greenport/East Narion, NY; County Parcel ID 1000-35-5-37. 11. 8:25 p.m. Appl. No. 4229 - FRANK R. ZALESKI. This is a request for ZBA review and determination confirming and recognizing this vacant lot as exists with nonconforming Page 6 - Notice of Hea~gs Southoid Town Board of-Appeals Regular Meeting of April 6. 199~ area, width and depth; ref.: Article XXIV, Section 100-244 of the Zoning Code. Location oF Property: Lot #11 on the 1965 Filed Nap of Deep Hole Creek Estates; also known as 1100 Theresa Drive, Mattituck, NY; County Parcel ID 1OOO-115-13-15. Zone District: R-40 Residential. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard ia the above matters. Written cUla~eRts may also be subaitted 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: March 15, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtlOLD, N.Y. AI~NHED NOTICE OF DISAPPROVAL Date PARCH 14, 94 To David Kapell a/c THi~AS GLUCEHAN P.O. BOX 463 .~RgENPORT, H.Y. 11966 PLEASE TAKE NOTICE that your application dated . FEB.. 2.5, . ... 9~ for permit to .CONSTRUCT AN INCHOtmD POOL, FOOL SOUSE & ~.C,~ .-fit' Location of Property 1350 I~EST COI~ ROAD ClJTCItOGI,~, N.Y. Street ' Ham/er County Tax Map No. I000 Section I I ! 05. · 02 ............. Block ........ Lot ......... ; .... .............. Filed Map No .............. Lot No ................ Subdivision ... is returned herewith and disapproved on the following grounds ACC, ORDING ..YO. xtra gONIN{~ .~.077. OF 'rtH~ TO~/N OF SOu'ruOLD AN ACCESSORY STRUCTURE IS REQUIRED TO BE IN RI~i'H~R THE REAR YARD - ARTICLE III 100-33 OR IN THE CASE OF A I/ATERFRONT PARCEL IT IS PERNI'H'~.D IN THE FRONT YARD - ARTICLE III 100-33 C. 'l'HK- LOCATION. OF THE POOL, POOL HOUSE & DECK IS NOT PERMI'I-I'I~O IN '1'1t~ SIDE YARD. ' .... .............................. . ...................... Rv 1/80 t FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N,Y. 11971 TEL.: 765-180~ Examined ................ , 19... Approved ................. 19... Permit No. D,sapproved a,c ............ BOARD OF HEALTH ......... 3 SETS OF ?LAN$ ......... SURVEY .................. CIIECK ................... SEPTIC FOR,q ............. CALL .......... MAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tiffs 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 *' ' * cation. ,~vm,, 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. · 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 Bu/lding Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinance~s building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for neces~ry i"f)spect!ons. ('~ ,~Signature of applicant, or name, if a corporanon) (Mailing address of a~ii~t) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ....... .................................................. Name of oWner of premises . ~ ?:. ~. .~.. .,O~.~-. . ' (a on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corpbrate officer) B dders Lmense No .......................... Plumber's'License No ...... Electrician's L cense No ........................ Other Trade's License No ...................... 1. Location of land on which proposed work will be done...........l'~'~"-k~ . .~..~,~,_,_~. ~~: ....... ..... . ..,. C House Number Street 'l ................................... Hamlet County Tax Map No. 1000 Section ..... I..~. [ ......... Block ..... ~ .......... Lot ~ Subdivision ..................................... Filed Map No. Lot (Name) ............................. 2. State existing use and occupancy of premises and intended use and occupancv~f proposed construction: . ...... , ......... .............. b. Intended use and occuponcy .. ~.~..~,W~, ~~ J. ~ [. 5~ ....... 3. Nature of work (check which New Building . .~... · D ' - a .......... Alteratio~ .:'. ~ ..... Repa/r ....... .~ · ·. Removal ............. emolition .............. Other Work .......... :;.. (Description) 4. Estimated Cost ..... .~...~.~.~..~:.~.~.., ................... Fee .................................. (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelline units o · If garaoe, hum bar of cars o n each floor ............... 6. If bus ness commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ......... ...... Rear ..... . ......... Depth ... DH.eight ............... Number of Stories ...... ~mensions of same structure with alterations or additions: Front ....... Rear . ', .... Depth ...................... Height ...................... Number of Stories ... '~ 8. Din)ensions of entire new construction: Front ........... : · ·. Rear ....... ,: .... Depth ... ' ' 9..e,ght .: ............. Number of Stores ........................ ,.: ................. i:i:ii:ii :' Size of lot: Front ...................... Rear ...................... Depth 10. Date of Purchase .................... ......... Name of Former Owner ...................... 11 ..... Zone or use district in which premises are situated ................. 1 2. Does proposed construction violate any zoning law, ordinance or regul'ati'on': ............ '" ................... 13. Will lot be regraded ............................ Will excess fill be removed 14. Naxne of Owner from premises: Yes ~o of premises .................... Address ................... Phone No...... Name of Architect · · · Address ................... Phone No .......... Name of Contractor ........... . Address .......... : ........ Phon~ 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-hack dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether . interior or corner lot. STATE OF NEW YORK, . ~ ~ . "'~/'~' '~' '~'' '"~' "' '~'~' '~'['~ ................ being daly sworn, depo~s ~d says that he is the applicant / (Name of individual sig~ing contract) above named. Heisthe ...... , ~ ~ (C te office ) .......... ontractor, agent, corpora r, etc. ' ' ' ' ' of said owner or owners, ~d is duly authohzed to perfom or have perfo~ed the said Work and to m~e and file this application: that all statements contained M this application are true to the best of his knowledge and belief; and that the work w~l be perfomed in the m~ner set forth M the application filed therewith. Sworn to before me this ...... .... or ..... ~ ......... ~ ..... 1~ ..., Nota. Pub c .~ ~~ X ..... ....:., ........... ...... ~ ~ · ~ " ' Si ~ · ~ NOTARYPUBUC, State ( g t~eofapphcant) . ~ ' ~ No. 4725089, Sun01k ' - .... Term ~i~ ~a~ TOWN OF SOUTItOLD, HEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPF-.~L NO, / TO THE ZONING BOARD OF APPEALSj'T0WN OF SOUTHOLD, N. Y ~, (We~ b3&T~,..~.~..~...:~.~.~e,~.,..~..~r~taf :L..V.....~.:.~,~..~.k~... ...................................... m'~ome of ,~ppellont Street and Number ' ....... C~ .r..~..e.~..~.c...-Y.. .......................................... ~:.~ .......... ,EREBY ^ppis. :rD ~ MuniciDalih, S/ora THE ZONING BOARD OF APPEALS FRO,M THE DECI';ION OF THE BUI'DING.INSPE_,~"OR ON WHEREBY THE BUII~DING INSPECTOR DENIED TO marne of Applicant for permit of ............ Street and Number State "' ~ PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) . :~treet /Hamlet / Use District on Z;~ing Map '~'l,--Iq,~ ' District 1000 Section ~l Block~Lot -> ............................................. .~--.Current Owner ~k~ c~e~,j~.. Map No. 'Lot No. Prior Owner· ~-(-\~'~k~ ~--~-'~T'k~- 2. PROVISION (S) OF THE ZONING ORDINANCE APPF-~LED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by nu~mber. Do not quc~te the Ordinance.) ' Article Section ~0 - %Z~ (~'~3 ~ '~-;~-~- ~ ~oo -~%'~, A~,, 3. ~PE OF APPEAL Appeal is made herewith for (please check appropriate box) ~A VARIANCE to the ~nlng Ordi~nce or Zoning ~op ( ) A VARIANCE due to lack of access (State of Hew York T~n Law Chop, 62 Cons, L~s Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision Of the Building Inspector or with respect to this property. '. S~ch appeal was ( ) request for a special permit ~ ) request for a variance and {vas made in Appea! No ................................. Dated ..................................~ .......... REASON FOR APPEAL ., Variance to Section 2BOA Subsection 3 Variance to the Zoning Ordinance %%ant,hue on other side) REASON FOR APPEAL Conlinued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immedlate vicinity o~: t~his property and in this use district because '~e ~ ~> '~e~ '~T~T-~-.~..~ ~ ~.-~ ~ ~.~ ~-. , ~, .... ~x~ ~ ~.~(~...,~.~...~_,~ .~ . - ~, L ~ ' ' ~" i · : .~. · · .~ _ ~ ~ ~..~'~,~,~ ~~.. .' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE 'DI',, KICT because '~'~-~_. . .~ .' · COUNTY OFZ~t,~'~:3\~. ) {oS,gnc~ure . . · ' ' 'Sworn to this . ' [~:~ ~ . day ol .~.L . ~ ' ....................... ~ ............... : ............. I~ qM ......... ~ Publ~ 8~ ~ ~ ~ Gual. 8~k.~n~ ~. Comm~n ~i~ ~. ~, 1~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (we)~..:i~:.,.D..i~.:.~.,~;,~t.,..~...~.,~of ..... ~,.....:..~.~...'l.~..~. ........................................ Name of Appellant Street end Numoer ....... ........................ . ................ ~Municiaalitv. ....... ~ ........ HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE ,BUI~DLNG.II'~PECTF.OR ON .~ APPLICATION FOR PERMIT NO....)~..-~.~J~. ................... DATED ....~.~.~,~..1..~.~J......~.°..~..~..) .......... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number MuniCipality State ~ PERMIT TO USE PERMIT FOR OCCUPANCY Street /Hamlet / Use District on Zoning Map District 1000 Section ~t~ Block~ Lot ~ Current Owner Map 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 Section \',.~0 - '~\ (A'~), ~'- ~¢~-~)~. ~ ~oo-"b'~'~, .\'~ -~'~C.~ 3. ~'PE OF APPEAL Appeal is made herewith for (please check appropriate box) ~'/A VARIANCE to the Z~ning Ordin~3nce or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. LaWs Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector ar with respect to this property. '. Such appeal was ( ) request for a special permit ~ ) request for a variance and ~vas made in Appea! No ................................. Dated ............................. , ...... : ................................. REASON FOR APPEAL " A Variance to Section 2BOA Subsection 3 A Variance to the Zoning Ordinance (Continue on other side) REASON FOR APPEAL Conlinu~J 1. STRICT APPLICATt~i'C..GF'THE ORDINANCE ~,ould produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because '~-~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE COUNW Or~OCC-~k~-J ss .. ;~ .. 'Sworn to this ............................................. ~doy of .............. :.J. ......... ~ .................... :' t . . ' ...~.~...~:..V.~ ......... · Notary Public CLAIRE L GLEW Notary Public. State of New York · No. 4879505 · /~/I Quelified in Suffolk County ~ Commission Expires December 8, 19 ~ :" ~J'" TOWN OF SOUTHOLD PROPERTY RECORD CARD /~-///-~-~ , O~A~NER STREET ~"~ VILLAGE DIST SUB. LOT EORMER OWNER N , E ACR./~ ~ND IMP. TOTAL DATE RE. RES AGE BUILDING CONDITION FRONTAGE ON WATER ~ /"~ ~ ~ .. M~adowland DEPTH I Extension Extension Extension Porch Breezeway /too Foundation Basement Exf. Walls 7-ire Ploce ' Bath · Flocrs Interior Finish Heat' Dinette LR. Garage ')-~,'x'~-O ~- ~'zy' J /.~t.g- ?~,~ ~T'ypeRoof : / ~ . .~. 7, ~c- Rooms 1st Floor I /P X~ - ,~. g ..~.,I~ :,a a ~OD J~reation7 R~m r/,V/..St,` * ,, , Rooms 2nd Floor FIN. / TO~'~N OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. A}lENDED NOTICE OF DISAPPROVAL Date February 23, 94 ............ 19 . . To . David KapeI1 a/c Thomas & Roby Gluckman P.O. Box 663 Greenport, New York 11944 PLEASE TAKE NOTICE that your application dated ?.eeember 30, 19 93 for permit to ALTER AN EXISTING GARAGE l~ITit ATTACllED GtffiST UNIT Location of Property 1350 [lEST COVE ROAD COTCHOGIffi, l~l~ YORK House No. Street ................ Ham/et County Tax Map No. 1000 Section I I I ' Block 5 2 ............................ Lot .............. Subdivision ................. Filed Map No ................. Lot No ........ ' .......... is returned herewith and disapproved on the following grouuds A BUILDING I~ITIt A NON-CONFORMING USE SHALL NOT BE ENLARGED OR ALTERED OR RESTORED NOR SHALL ANY EXTERNAL EVIDENCE OF SUCil USE BE INCREASED BY ANY ~ANS ~ItATSOEI~R. CHAPT. 100-24 1 (A) · ACTION REQUIRED BY TIlE ZONING BOARD OF APPEALS. GARY J. FISH ' RV 1/80 TO~VN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. AI~RDED NOTICE OF DISAPPROVAL Date NARCH 14, 94 T David Kapell a/c THOHAS CLUCKMAN P.O. BOX 463 CREENPORT N.Y. I 1944 PLEASE TAKE NOTICE that your application dated , FEB. 25, ........................... 19 94 for permit to CONSTRUCT AN INGROUND POOL, POOL HOUSE & DECK Location of Property 1350 }lEST COVE ROAD CUTCHOGU~, N.Y. h3J ~ ;Vo: ........................................... Street Ham/et County Tax Map No. 1000 Section I I I 05 02 . .............. Block ...... ~ ....... Lot ........ ~ .... Subdivision ................. Filed Map No. ~ ............... Lot No .................. is returned herewith and disapproved on the following grounds ACCORDING TO 'ri:Il/ ZONING CODE OF THE TOITN OF SOUTHOLD AN ACCESSORY STRUCTURE IS REQUIRED TO BE IN EI'I'I~R THE REAR YARD ' ARTICLE III 100-33 OR IN THE EASE OF A ~/ATERFRONT PARCEL .... ~'~ ....... I~' ii ;E;;/~;, ............ FRONT YARD - ARTICLE III 100-33 C. THE LOCATION.OF 'I'HI/ POOL, POOL HOUSE & DECK IS NOT PERHITTED IR THE SIDE YARD. ""~:,~ '/o;'Js~';/;,~ ~:fi;~ ;;; ...... .... ,;;'/;~ iH;! '"';c;~;i ';~'d 'i~;'i; ~",.;;,;;G' "'~;;.,~:'" i ;;~ o; ,~; ;~' ~;~;~ ';o;~ ...... .... ;R;~;/E'~ 2'~;.';;c'.'. ............................................... /~Oilding Inspector RV 1/80 FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOlVN CLERK'S OFFICE SOUTHOLD, N,¥. - 9 ism NOTICE OF DISAPPROVAL Date March To David Kapell a/c TH.O.M~. S. GLUCKNAN P.O. Box 463 ...... ~J~ '~;~ '; ' '~e' ' ' ' ~ ..... ,'l ~ ...... e r , ~YO k PLHASE TA~E ~OTICH ~hat your application da~ed ~B. 25, 94 for p~i{ ~o CONS~UCY ~ INGRO} P~L, P~L HOUSE & DECK Location 1350 ~ST CO~ RO~ of Propergy ................ u'rCH~oK, ~ YO~ County Tax Map ~o. ] 000 S~c~{on I [ } Bloc~ 05 Lo~ 02 Subdivision ................. Filed ~ap ~o. r ............... Lo{ ~o .................. {~ re{urncd hercw{~h and disnpproved on {he follo~g grounds ACCO~ING TO 'r~ ZONING CODE OF '[~ TO~ OF SOu'I'HOLD ~ ACCESSORY STROC~ IS ~QOI~D ~ ~AR YA~ -'~YIC~ III moo-33 OR IN ~ CASE OF d WA~RO~ IT 'rr RO~ Y ' ' L~ATION OF NO~ e~z~b.................. 1'~ . x~ ~L, F~L HOUSE & DECK IS IN 'r~ SIDE ' ' ~dz ~ [ ........... ' · n nspector Gary J. Fish RV 1/80 DEPARTMENT OF PLANNING ~COUNTY' OF SUFFOLt~ ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE JUN - 2 STEPHEN M, JONES, A.I.C.P. DIRECTOR OF PLANNING May 25, 1994 Town of Southold Zoning Board of Appeals Applicant: Thomas & Roby Gluckman Mun. File No.: 4224 S.C.P.D. File No.: SD-94-11 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk Couuty Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Alternative relief appears warranted as set forth by the Zoning Board of Appeals. Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehrineer, Chairman Richard C. Wilton Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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 Purstk3nt to Ar~_ic. le ~ of the Sttffolk County AcTa~i_pistrat_~ve Code, The Board of Appea_ls of the %%Dwn of Soutlnold, New York, herek5- refers tile followLng to bhe Suffo]]~ C~unty Planr~_ng C~m~ssion: a)Art. XXIV Section ~00~241; X Variance from the Zoning Cod~ Article III , Sectio~ 100-33 & 100-33C; c) and XXIII " 100-239.48 ....__Variance from Determination of South0]d Town Building Inspector Special Exception, Article , Section ~Special Permit Appeal No: 4224 Applicant: THOMAS AND ROBY GLUCKMAN Location of Affected Land: 1350 West Cove Rd. Nassau Point, County Tax Map Item No.: 1000-111-5-2 ' Within 500 feet of: Cutchogue, NY __'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 Comments: attached ~n~ln~ll~: whinh will nnt be lon~tmd yard; c) a portion of said pool, ~lkhmmd ~lnnn Nnr~eshne' Cove_ Copies of Tow~ file and related __ Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Applicant is requesting permission.to guest unit.; b) construct inground pool, in r~q~ir~d Dated: 1994 a) alter existing garage with pool house, deck & fence rear yard or required front deck & fence enclosure proposed within 75-ft.o documents enclosed for your review. idr APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Ridmrd C. Wilton Telephone (516) 765-1809 BOAP, D OF APPEALS TOWN OF SOUTHOLD May 18. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1994 Mr. David Kapell Front Street, P.O. Box 463 Greenport, NY 11944-0463 Re: Appl. No. 4224 - Thomas and Roby Gluckman Dear Mr. Kapell: Enclosed please find a copy of the Board's Findings 'and Determination rendered at our May 0`, 1990, Regular, Meeting. Before commencing building activities, please.be sure to return to the Building Inspector to follow-up on whatever documents may be needed (such as amended map to conform to the ZBA decision) and other agency actions which may be appropriate prior to issuance of the building permit; For your convenience, we have furnished the Building Department and the Southold Town Trustee Offices with copies of this determination for their permanent recordkeeping, and update. Also, we have trans- mitted a copy of your 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 permanent file. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure cc: (With copies of this determination to:) Town Building Inspectors' Office Office of the Southold Town Board of Trustees Suffolk County Department of Planning Mr. and Mrs. Thomas Gluckman INDEX APPLN.# APPLICANT PAGES 4221 4218 4220 4222 4227 4223 4226 4224 4225 4228 4229 ARTHUR JOHN E. JOHN E. BURNS ......................... 3-4 STRIPP AND JUDITH 0. STRIPP.. 4-7 STRIPP AND JUDITH D. STRIPP.. 7-19 CINDY BENEDETTO ...................... 19-23 NILLZAH GASSER ....................... 23-34 DONALD BREHM ......................... 34-40 THORAS AND JOAN KELLY ................ 40-44 THONAS AND ROBY GLUCKNAN ............ 44-57 RICHARD AND DOLORES PRINCIPI ......... 57-68 VICTOR AND GAIL RERISI ............... 68-80 FRANK R. ZALESKI ..................... 80-84 PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTttOLD April 6, 1994 Presellt: (7:30 p. m. Hearings Commenced) HON. GERARD P. GOEHRINGER, Chairman 'SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICIIARD C. WILTON, Member LINDA I(OWALSI(I, Clerk-Assistant to Board Page 4,t Regular Meeting el' Apl'il 6, 1994 Southold Town Bout'd of Appeals MEMBERS: Aye. 8:46 P.M. Mit. CIIAIItMAN: The next hearing is in behalf of Thomas and Ruby Glu¢~l~man. l,egal notice reads as follows: This is an application with amendments, concm.ning tile property known'.as 1350 West Cove Road, Nassau Point, Cutchoguo, NY. County Parcel ID 1000-111-5-2: a) a val'imwe requested based upon tile Building Inspector's February 23, 1991 disapproval concerning a building pertnit application to alter an existing gm'age with attached guest unit, which will include un explmsion of the guest unit by move than 50 percent of its ln'esent size, Article XXIV, Section 100-241 of the Zoning Code; b) a variance based upon tile Building inspector's March 4, 1994 disappi'oval coneeruing a building l>emnit application to construct an ill ground SWillllllillg pool, pool house, deck aild feller enclosure, a copy of the sul'x.'e¥ darted Mai'eh 8, 199,1, indicating the proposed improvements oa this site indicated iii the legal notice I just read and a copy of the SuiTolk Couilly Tax Map indicating this and the stiit'rotlnding llVOllerties. Mr. l{apell you have beell vel'y patient tonight as your al)plicants have, its a plt:a'.nu'e to stye you iii your new roll for us. flow ave you? MR. KAPELL: l"ille, alld yeti Sir? MR. CIIAIRMAN: Vel'y Page ,15 Regular Meeting el' Ap~'il 6, 1994 Southold Towll Boat'd of Appeals MR. KAPEI,L: MR. Chairmau, Mcnlbers of the Board, BOARD CLERK, thanks for hea~'ing us, David Kapell, 113 Sixth Street, Greenport, N.Y., ou behalf of tht~ applicanfs, Thomas and Roby Gluckman, who are here with us this eveniug. I'm goiug to approach these one at a time. With respect to the conversion of the garage and the expansion of the guest unit that is currently located in the gart~ge to occupy the entire garage my vlieuts have an 11 member household and as big as the main house is, its not big enough and when they bought the property they bought it with the intention of expanding the existing guest unit into this ga~'age area. That as you know this is a well oversized lot ill a oue aero zolto aud they have a very real need for additional bedroom space and that's what causes the application. In connection with the pool and the pool house, first let me point out that the deck surrounding the pool house will be concreted grade. This is not going ............ to drop down on the former deck. I guess you've been down ~o the site and you seeu the topography that we're dculing with. '['here folks have a severe drainage problem in the re'ca of the driveway, both the preexisting driveway and the new driveway that they constructed and the topography of the site dictutes that this is the sole location of tile pool which would be satisfaetm'y, ami that gives rise to the vcquest both for its location l)a~qially in lhe side yard and in the front yard and also the proximity to the bulkhead being 60 feet to the nearest corner of the pool. Esseutially with resl)eet to the setback our l)roblcm is 15 feet to the pool being witl~a the 75 feet. These ave our problems and I would be glad to almwcr and questions you tnay have ou this. Page 46 Regular Meeting of Aln'il 6, 1'09.1 Southold Town Boat'd of Appeals MR. CtlAIRMAN: Just g~dng back to tile garage this is proposed to be sleeping quurtcrs only? MR. KAPELL: Yes. MR. CIIAiRMAN: Right and its my under'standing that during the period of the time that you are applying for this there is going to some covenant ou the property, that its not going to be further subdivided? Is that eut'rect? MR. KAPELL: No, I didn't say that. MR. CIIAIRMAN: You never said that. I didu't say that you said that, that's whal 1 hcat'd. MR. KAPELL: No, I don't think that has bccu said. MR. CflAIRMAN: That's aot been said. MR. KAPELL: No, no. MR. CIIAIRMAN: .That's not bcea said. MR. KAPELL: No. What we arc willing to covenaut is that this building will nut be ~'cntcd. Its not going to be occupied as a second dwelling unit oil thc pt'opc*'ty, and we're petTcctly happy to file a coveuant on the deed that its not going to be rented. BOARD CLERK: It will be fo[' family use only to, ~ight? MR. KAPEI,L: Excuse me. BOARD CLERK. Family rise only to, right? MR. KAPELL: Stt'iclly family use. MR. CIIAIRMAN: Thc pool house is geing cousist of what? Mil. KAI'EI,I,: The pool btmse is going to consist of MR. CIIAIRMAN: I have II~e lllans itl front el' me but I just what you to recite it. Page 47 Regular Meeting of Apl'il 6, 199,1 Southold Town Boat'd of Appeals MR. KAPELL: A oF, Its geing to have three changing' areas, a toilet, a small wet bm' and a you know like a little sink station, a shower, wha{'s ~'c['ct't'~d to as a lounge at'ca and in thc back of the building a couple of storage a~'eas for pool and play. MR. CIIAIRMAN: Thc only one that we granted most ~'ecently was across the ct'eek from you on the other side on Oreha~-d Road and there were specific vcquit'cmcnts that we had on the pool house in re~erCllCe to dool's to the lavatoPy at'eas and shower at'cas being open to the extel'lot· of the building. MR. KAPELL: You wlmt tbcm opened to the exterior, as opposed to the interior? MR. CftAIRMAN. Right. MR. KAPELL: Or can they be opmied? MR. CItAIRMAN: .Right. Well I think they can be opeued to both but we wanted them opened to the exterioP of the building. MR. KAPELL: The lavatm'y and what? MR. CIIAIRMAN. Thc shower areas. MR. KAPELL: I scl,. Do you have any pt'oblcms with that? MR. ~ MRS. GLUCKMAN: No, no pl'oblcnls. MR. CIIAIRMAN. It looks like a fairly extensive building and its somewhat similar' to thc one that we gl'anted on the other side of Cutchogue [lat'b~n', except that that one was going to have a helipad on top of it at ol~c time. We kind of got him out of that idea really quickly. MR. KAPELL. We't't, not g~Yiag for to that extent. Its not that extensive. Page 18 Regulac Mceling of April 6, 1994 Sottthold Town Board of Appeals MR. CIIAIRMAN. So its not that extensive? MR. KAPELL. Yeah. MR. CtlAIRMAN. Wlmt is the appt'oximate height of the swimming pool above gt'ade? Docs anyone know at this point? MR. KAPELL. I can tell you appt-oxhnately if you give me just a moment. Roughly 25 feet. 22 to 25 feet. MR. CIIAiRMAN. Well its not above deck. That's 25 feet above sea level. MR. KAPELL. I'm sm'fy, above sea level. MR. CIIAIRMAN. Above gt'ade, what do you think, 3 feet? MR. I(APELL: The l)(~ol itsel['? MR. CIIAIRMAN: About 3 feet? MR. KAPELL: 3 feet. MR. CItAIRMAN: .Ah'igbt, those are all the questions I have at this time. There is no intention of evee enclosing the pool is the~'e? MR. KAPELL: No. MR. CIIAIRMAN: Bob, m' aayone else? MEMBER VILLA: Aboul the question you vefee to the guest cottage, when I was down tbeee the woekman said that use to be the chauffeur's quarter's. MR. KAPELL: We ave tt'ying to be candid with you. We have no idea how the unit was used. l t'cally can't tell you. All I know is when the Gluckmans beugl~t it lberc was a bathvoom and thet'e's a room and they wePe there, lluw Ml's. Wbeelee oe he~ p~'edecessors used it we have no idea. Page 49 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MEMBER VILLA. Alrigbl, and I was there and I looked at the grade and it wonld adq>ear Io me tllat that pool could be pivoted around so you call gut the 75 feet withoat mucll problem. You really haven't proven any hardship. You certainly have the area to do it. I can't understand wily we have to gt'al)t without a problem. MR. KAPELL. Well, ottr probleu~ when we can get the 75 is that the drainage problem we have in connection with our driveway is such that the road contractor informs us tlmt we have to create essentially a berm down towards the pool house and up towards the slmulder of the road in order to have proper drainage. There is going to be elaborate drainage installed in cmmcction with this driveway. MEMBER VILLA: Yeah, but that's got to be done, that's got to be done landward with the pool house and tlmt doesn't affect the pool, the pool eoeld be pivoted around so that you ran get the 75 feet without any problem. MR. KAl'ELL: Caa ym~ show me wlmt you mcan? MEMBER VILLA. All you g{,l to do is pivot it closer towards the house. MEMBER VILLA: Yea're g~ing to have to either gut tile water to go this way or this way. MI{. KAPELL: No, we're trying to .... both sides. MEMBER VILLA. So, all yott do is take this pool and go like this and at this point tiffs em'mw becomes over here and you pick up your~ 15 feet and the pool aow l'tu~:?' this way. There's no big deal there. MR. CIIAIRMAN. Tommy and Iloby why don't you come up? Page 50 Regular Meeting of April 6, 1991 Soutbold Town Board of Appeals MEMBER VILLA. I'm the bad guy because I try to enforce the codes and we try to protect our surface waters and everything else and everything else runs off this way so Mil. I':APELL. I just waut to correct that Mt'. Villa. What we are tryingto do is tile opp()site. MEMBER VILLA. I realize that. MR. KAPELL. Our (h'ailmge plan, this doesn't show tile new road which is here. Our dl'ainage Ilion is to ct'cate a pitch back in this direction to contain the ruau[T on this property and to direct it away from tile water whic. h is where it eut'rently goes. MEMBER VILLA: But this peel could just be pivoted so that you pick up the 15 feet to this em'ocr here 75 and that shouldn't be a major problem. MRS. GLUCKMAN: Tbtu'e's only one problem. We have a big problem here. Not only if you look at tile topography we have a problem here. There's a major slope here and we can't brJllg it up to grade otherwise the water will go right back to tile house. MR. KAPELL: There is 35 feet Bob there you're right. MEMBER DINIZIO: They'll be going up hill if they do that . They'll end up probably 5 feet ou tile other side. MEMBER VILLA: There's not going to be ally problem. Tile pool is goiug to bc 3 feet above gnlde tls it is. That's what said. MITS. GLUCI,~MAN. Bo! lids is 5 fcet above grade and if we raise it up too bigb we're going ,ight back MR. KAPELL. They have i'o go closer to that 25 foot contour so that on tilt.' other side there's a whole lot mope slope right here. Page 51 Regular Meeling of Al)vii 6, 1094 Southold Town Boat'd o£ Appt~als MEMBER DINIZIO. - ........... 45 foot contour eight here. Mit. KAl'ELL. Right, but look how close tile 20 foot is where you put Mit. DINIZIO. Thm'e's 20 so. MR. KAPELL. liight, but look to see how wide it is at one point and then it closes fight ttp. Thct'e's a good size slope. MEMBER VILLA. The pool is up ahnost up to 25 feet here. MR. KAPELL. Right. MEMBER VILLA. So if you run it like this you've going to be I, I think you would think that 15 feet would be MR. KAPELL: The angle of the slop --- her'e it's constant versus, here you've going into thc slop. Mit. CIIAIRMAN: Nam'y, do you want to comment on this? You've welcotll~d to colne tip if you ~vant. MEMBER VILLA: Yotl're building a cmmvete structure here which shouldn't present a prt)blvm. I can't quite see it myself. It ..... there between 75 feet for a reason I woold you know. We usually give it becuose thet'e's no place else to put it or its a smaller plot. You got [llltbl¢ MR, CIIAIRMAN: Thal's what hapl)mm when you get two engineecs togethec, MRS, GLUCKMAN: ....... I want just want to check a little bit on what's proposed on (too many l~eople speaking at one time) MEMBER VILLA. Where you say its MR. GLUCKMAN. - ..... "- ..... thel'e's othel' end of the poel. you're probably ..... a tt'emcndous drop at tile Pagu 52 Regular Meeting of Apt'il G, ID94 Southold Town Boat'd of Appeals (Can't distingaish voice) Yea have a drop then from this edge of tile pool down ......... slope is that it? MR. KAPELL. This is fairly flat. (Can't distinguish voice). What's the elevation of the pool? Mr. GLUCKMAN. About 22-23 feet. (WOMAN) OK, so you're very close to -- MR. GLUCKMAN. If wv stay itl that area we don't have a problem. It's faitqy flat. Whcl'e the problems are either on this side or on this side. That's where the grade change takes place. That's wily we chose this location and I know its been looked over ill great detail by both the read COlltl'actoP who is creating the drainage for tile road and by thc pool contractt~r who is going to install the pool. We really feel that this is the only location where we can pat it. Woman's voice) I just like to know too that my client doesn't have a problem with the. location of the pool here. They're only concern was screening along this edge. MR. GLUCKMAN: No pt'chitin. I spoke to ...... MEMBER VILLA. What's yotlP pool house going to be? What elevation your pool house g.ing to be? It's going to be itt the same elevation? this is going to be a 20-25 feet. Its fairly flat MR. GLUCKMAN: No, hcl'o. MEMBER DINIZIO: No, going to be vel'y .... all l'm saying is that one side of tile pool is You're still going to have to move all of this. MEMBER VILLA. You're going to have to gYade anyway because yott'l.e going to bc cuttil~g in. If this is going to be an elevation of say 22 yoa're - MR. GLUCKMAN. 'l'hal's an existing elcvatioa. Page 53 Regnlar Meeting of April B, $outbold Town Board oF Appeals MEMBER VILLA. You're saying that tile pool is going to be about 3 feet above grade. So if you're going from elevation 28 you're saying its going to be 3 feet, right? So that's 22 back here, you're going to be down about 5 feet froln the batik if you're telling me that's the way the grade goes because here is 25 .... 35 you're going to be aboat 6 feet into that batik cutting down you've got enough build to bring down to put lute that pool if you relocate it because this is goiag lo bc at least 22 yoa're going to be fighting like beck iuto there. (Voice unknown) ............ Will lmve no problem if we prime directed tllat way bceatme if its sticking up MEMBER VILLA: You'l'e goiag to still be directing it back here because whatever you do you're going to try and contain the water here. (Voice unknown) Thc grade runs here you know and you sought of shooting it up because ...... MEMBER VILLA: Guod, tlmt would be great bore because this pool house and the pool is going to be at the same elevation. You're not going to be working up and down steps? MRS. GLUCKMAN: Mr. Villa I just spent 2-1/2 boars with Mr. Copzini today and it is very important you speak to him also because he got to actually regrade the whoh~ lhing so that it goes back. MEMBER VILLA. That's right aad you're going to be doing that landward of Ibc potd hotlse. MRS. GLUCKMAN. No, we-have two problems. Yes, but we also have this pl'oblem. Southold Town Board o£ Appeals MR. GI,UCKMAN. We dmVt want to rcgr'ade all of this. MEMBER VILLA. Bul you're goiug to be doiug it anyway because you're going to be cutting into this. This is going to be an elevation (too many people spcakiug). MR. KAPELL. What it boils down to it is going to substantially affect the aesthetics of the site if they start to disturb the grade, in that area. That's what it really boils down to so I think it would cost the applicants to maybe reconsidering the entire project at that point. MR. CIIAIRMAN: (h,n I just ask a question? Is there any need Bob for you to go down tbm'c~ and meet with any of these people prior to us making a decision or prior to your making a decision? MR. VII.,LA: I just can'~ see where we established a hardship ova fact why we can't pivot the driveway? We got amble room to do it and they ewer' grmle to m~, il looks like its going to be altered anyway. If there pitching that whole thing back there goiug to have to work ou it. its nice you have a plan and you want to stick to it but we have to always give. MR. KAPELL: Well let me just say that we have sat lteve tonight through several other varioos applications and there are a number of them involved .... sel back ...... with some much more severe than what we ave asking for. This is relatively miuor eonsidctqng some of the otht~v Verluest you lmve before you tonight. We have a functioning bulkb(~ad, I don't lhinl; wt,'ye tln'catcucd the water in anyway, shape ov rot're, l,'t'anldy, we Inrvc two bulkheads between this pool and Page 55 Regular Meetiug of Apl'il 6, 1991 $outhold Town BoaPd of Appeals water. I think its a litIle out of contents to consider it such a severo .... MI{. VILLA. Well you hove to also justify you're action when you have a lot that is this big that you call work with. MR. KAPELL. Well, if you've been down there you see the topogl'aphy of the site. There's a hill that rises up like this behind this propel, ry. MEMBER VILLA. I realize that. MR. KAPELL. So mosl of the pi'opel'fy is unusable for the purposes of this pool. It so happens that this is the 0nly site We feel we can work with aud that's etu' hai'dship. its a minor deviation really to just shift it bark MEMBER VILLA: And 15 feet. MI{. CIIAIRMAN: Is thet'c any way that we call ........ any ...... on this, I mcan I'm m~t t~'ying to put Mr. Villa in an awkward spot. MEMBER VILLA: I would like to see the pool laid out the way it shows here aud thou Wllct'e Iht 75 foot linc would bo. MR. KAPELL: Stu'c, I'll nlakc sure that is dour. MEMBER VILLA: Righl. Give mc a call I'm home. Mil. KAPELL: OE. MR. CIIAIllMAN: Now, we'll call, you know, barring any other discussions hm'e we'll cl{~so the hearing but l'emcmbc~ we have a time limit rtuming. I knt~w that yeu have a time linfit too because I*m suite yoo wind lo gel tllOS{ o[' this work done iu the spt'lng. BOARD CIA';RK. lye have 62 days. Page 5g Regular Meeling of Apl'il g~ 1UU4 $outhold Towll BoaYd of Appeals Mit. KAPELL. No, but we would like to accommodate tile board in any way we Call. Mit. CIIAiRMAN. So, lets see if we call come to some agreement. MR. KAPELL. Sure. MR. CIIAIRMAN. Prior to this, you know there doesu't appear to be ally other particalar problems. Mit. KAPELL. We'll have it state so that its clear next week. MEMBER VILLA. Let him, let him set the grade at the top of the pool too ah'ight. Mit. KAPELL. Set the grade. Yoa mean just a spot, a spot elevation? MEMBER VILLA: Yeah, as to what tile top of the pool would be. If you're saying its 22 feet, lets see what tile top of tile pool would be, alright. MR. CtlAtRMAN: .Is Ilmt ah'ight? Mil. KAPEI_,L: Yes. Mit. CIIAIRMAN: Maybe we can come to some agreement here prior to the vote aud ew~rybody .... good. MR. KAPELL: Very good, Thank you ver'y muell. MR. CIIAIRMAN: You'~'e welcome, thank you. Would anybody else like to speak ill favor of lhis application.? Would anybody like to speak ag-ainst tile application? If at all possible a Saturday mol'ning would be great cause I'd like to go also. MR. KAPELL: That's fine. llow about a week from Saturday? MR. CIlAIItMAN. llow about a week from Saturday? Are yoa going to be hel'e? Lets see that's ISage 57 Regular Meeting of Aln'il G, 1!~.1 $outbold Town Bom.d of Apl)euls MEMBER VILLA. Net the 2.1th, ..... I'm not going to be here. MR. CI1AiRMAN. BOARD CLERK. Saturday? MR. CIIAIRMAN. The IGth? if its tile 2,1th, its tile week before NO, m), no, I'm not going to be here tile 24th. The 16th, would be the 16th? A week from this MR. KAPEI,I,. Lets do it the 16th. That's fine. Mil. CIIAIRMAN. When do you want to go, 9:30 or 10:00 o'clock? MEMBER VILLA. 10:00 o'cloek is fine. BOARD CLERK. 10:00. Mil. KAPELL. We'll sue you tbet'e at 10:00 o'clock. Thank you very nluch~ I opppc, ttiuttt yoof time. MR. CIIAIRMAN: 10:00 o'clock. Ileal'lng no further comment I hereby make a motion l'e3:'essing the heal'ling and, I'm, l'nl sorry, closing the heaping and we'll hold the clecisiol~ off until after the inspection. MR.S KOWALSKI: Who wants to second that? MEMBER VILLA: Second. MR. CIIAIRMAN: All in favor? MEMBERS. Aye. 9:05 P.M. The next application is Richard and Dolores Principi. The llotiee reuds Ils foll,~ws: We have a copy of a Stlrvey l)rodtlced by Rodric. k %m Tuyl, dated November 3, 1993, indicating the proposed t'eloeation of this llill't:t*l~ I'elt>cutiOtl of tile house Oll this parcel, cottage on this p~.ll'eel [ should say and u copy of the Suffolk County Tax Map illdit:utiug this "~ud sttt'rounding properties in tile area. Would you like h~ b*~ httm.d Mrs. Pl'ilmipi? South Main South M. Labib Architectural and Engineering Consultants One flron Drive, Woodbury, New York 11797 · (516) 496-3347 told Zoning Board of Appeal oad fold, New York 11971 April 19, 1994 Reference: Gluckman Residence 1350 West Cove Road Nassao Point, LI Dear Sir: The intent of this letter is to clarify and emphasize on the issues that were taken into consideration in locating the pool and the pool house as submitted on survey sketch dated February 22, 1994. The follow issues were considered: The proposed location of the pool is in the most flat contour area and will require minimum cut and cover of the existing grade. Should the pool be located 75.0' away from the high water mark, it will encroach on the existing driveway and will adversely impact the site drainage. The proposed location of the pool requires minimum backfill and shalh)w retaining walls. Should the pool be relocated closer to the house, or change direction, it will require higher retaining walls and extensive backfill, which will impact the bulkhead and will have an adverse effect on the drainage of the entire site. In addition it will be a cost prohibitive. In view of the above, I respectfully request reconsideration and approval of the proposed location, since i~ ires the least impact on the site drainage and will not cause financial hardship to the owner. Should you have any questions, please do not hesitate to contact me. Very truly yours, Maher Lahlb, PE CC: Mr & Mrs Gluckman David Kapell, P O Box 463, Greenpoint, NY 11944 South Main South M. Labib Architectural and Engineering Consultants One Aron Drive, Woodbury, New Yo~ 11797 · (516) 496-3347 lold Zoning Board of Appeal oad lold, New York 11971 April 19, 1994 Reference: Gluckman Residence 1350 West Cove Road Nas~ati Point, LI Dear Sir: The intent of this letter is to clarify and emphasize on the issues that were taken into consideration in locating the pool and the pool house as submitted on survey sketch dated February 22, 1994. The follow issues were considered: The proposed location of the pool is in the most flat contour area and will require minimum cut and cover of the existing grade. Should the pool be located 75.0' away from the high water mark, it will encroach on the existing driveway and will adversely impact the site drainage. The proposed location of the pool requires minimum backfill and shallow retaining walls. Should the pool be relocated closer to the house, or change direction, it will require higher retaining walls and extensive backfill, which will impact the bulkhead and will have an adverse effect on the drainage of the entire site. In addition it will be a cost prohibitive. In view of the above, I respectfully request reconsideration and approval of the proposed location, ,q.ce ii iut~ the least impact on the sltc drainage and will not cause financial hardship to the owner. Should you have any questions, please do not hesitate to contact me. Very truly yours, Maher Labib, PE Mr & Mrs Gluckman David Kapell, P O Box 463, Greenpoint, NY 11944 19 Charleston Drive Huntington, NY 11743 March 30, 1994 Board of Appeals Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Subject: Variance Application # 4224 - THOMAS AND ROBY GLUCKMAN Dear Sirs and Madams: As the adjacent property owners to this application, we have no objection to it provided that the swimming pool and pool house are adequately screened with landscaping, when viewed from our house and property. South l- Main R South M. Labib Architectural and Engineering Consultants One flron Drive, Woodbury, New York 11797 · (516) 496-3347 [old Zoning Board of Appeal oad [old, New York 11971 April I9, 1994 Reference: Gluckman Residence 1350 West Cove Road Nassaa Point, LI Dear Sir: The intent of this letter is to clarify and emphasize on the issues that were taken into consideration in locating the pool and the pool house as submitted on survey sketch dated February 22, 1994. The folk)w issues were considered: The proposed location of the pool is in the most flat contour area and will require minimum cut and cover of the existing grade. Should the pool be located 75.0' away from the high water mark, it will encroach on the existing driveway and will adversely impact the site drainage. The proposed location of the pool requires minimum backfill and shallow retaining walls. Should the pool be relocated closer to the house, or change direction, it will require higher retaining walls and extensive backfill, which will impact the bulkhead and will have an adverse effect on the drainage of the entire site. In addition it will be a cost prohibitive. In view of tile above, I respectfully request reconsideration and approval of the proposed locatiun, ~iuce ii has the least impact on tile site drainage and 'w," not cause financial hardship to the owner. Should you have any questions, please do not hesitate to contact me. Very truly yours, Maher Lahih, PE CC: Mr & Mrs Gluckman David Kapell, P O Box 463, Greenpoint, NY 11944 APPEALS BOARD i~MBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Merc~ 17. 199~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. David Kapell P.O. Box q63 Greenport. NY 119tlq Re: Appl. No. 4224 - Thomas and Roby Gluckman Dear Dave: We are in receipt of the above-noted applications,requesting variances for the proposed expansion of, the guest unit in the existing garage and proposed swimmingpool location which is within 75 feet of the bulkhead. Copies of your file have:besn distributed to the Board Members for additional review and individual on-site inspection. The application has bccn advertised for the April 6. 1994 Regular Meeting. and a copy-of the Legal Notice is attached for your records. It is requested that the proposed construction be staked at. this-time, and photographs submitted showing the area near the stakes and between the existing building and the bulkhead. Please remember that you or your representative must appear at the hearing to answer possible.inquiries. If you are unable to attend, someone who is familiar with your property and circumstances (such as a relative, friend, or attorney) may appear in your behalf. Additional time will be mede available for you in the event you feel your presentation will be lengthy~ Please feel free to call us at any.time if you have questions, or if you would like to add information, concerning your application. Yours very truly. Enclosure Linda Kowalski Clerk. Board of Appeals Copies to the following 3/15/94: Times-Review Newspaper (fax transmission) L.I. Traveler-Watchman (hand-delivered 3/15) Copies to ZBA Members with copies of file documents Newsday (Courtesy Copy for Government Watch Section) Original Posted on Town Clerk Bulletin Board (in Lobby) Town Clerk (for distribution to TB & TA) Building Inspector's Office Planning Board Office Applicant or Agent noted as follows: Mr. John Carraway (for Arthur Burns) Mattituck, NY 11952-0293 John Bertani Builder, 1380 Oakwood Drive Southold, NY 11971 Inc. (for Benedetto and Brehm appls.) Mr. and Mrs. William Gasser 2383 Fifth Avenue Ronkonkoma, NY 11779 Mr. and Mrs. Donald Brehm Box 585, East Marion, NY 11939-0585 Samuel and Steelman 25235 Main Road Cutchogue, NY 11935 (for Thomas Kelly) Mr. David Kapell (for Thomas Gluckman) Box 463, Greenport, NY 11944-0463 Mr. Richard Principi Box 495, Amagansett, NY 11930 Mr. and Mrs. Victor 9 Cat Hollow Road Bayville, NY 11709 Rerisi William D. Moore, Esq. 315 Westphalia Avenue Mattituck, NY 11952-0023 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 (for John and Judith Stripp) Mr. John Thatcher (Re: John and Judith F.I. Nature Conse'rvancy, P.O. Box 132 Green Village, NJ O7935-0132 Stripp appl.) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND 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 Long Island Traveler-Watchman once each week for ..................... ./. .... weeks successively, commencing on the .......... ./..~.. ~ ..... day o~ ...... ,'~.~..~....., ~ .?~. Sworn to before me this ........../.?. ...... day of ......... ..... Notary Public BARBARA A. ~ G~N -~ ~* ~ ~ ~mL ~ II~ 910 l) a ~ ~ u~ 1~9.4B of ~5 M~ ~ ~ ~ ~,~ for ~ J ~t ~WE~Y. APRI~ ~ ~ '~ L ~'~ ~" ~' ~ ~.~ ...... J ~..~ .... ~J ~,~..~,~ ~7~2~ m~75f~of~eb~kh~ ~oHse, deck ~,~d .~ce~'~. :~N E. STRIPe and ~j~ p~ is m~- ~ ~.~e ~ ~D.~PP.~b ~b~h~R~ g ~ ~ '~OLD'~ 'b~l~q ~t a~H~fi~' ~riance based u~n the ~.t.,~?uz~;m.~. ~"~Y-3/l?/~ie ~ ~ ~e ~q lm~ N~ ~ ~ ~ ~Sl, u ~ ~ iq HEBI~BY o~VHN;" I BOARD OF Southold, 1971.0~.W_ IrDNI~SDAY* 1~94, COmmenci~ in i-front yard; Secti~A 100-231 of the ~onins I 8 STATE OF ~ yORE} ) Principal Clerlr o~ · tqcwspsPer, published tt - ~ta of N~ York, ~ -- ~ -~--~ co~, ~e~~Y o ~ E. STRIPP ~nd ,.;,:;*1. g:05 p.m. Ap~ No. 4224 THOMAS end ROBY GLUCK-- MAN. This is on application, with · amendments, concerning proper~y ,~knOwn as 1350 West Cove Road, ':Nassau Point. Cutcg0gun, :."n a , -- ) '~.d .po. the [auildin; Insptctor'~ F~bruary :!9~4 Notice Of Di~al concern- _k lng a building permit application to.o?~t~ 8u~t unit, which will ir, elude on ex- ~ pansion of the fu"esi'unit bY more' , Zonins Cod~;und~ Dui!drag permit application to con~'~ and f~,ca enclotme, Which will ~t be located in tho required r~ar., ~ 100-33~ of' Blue Copies to the following 3/15/94: Times-Review Newspaper (fax transmission) L.I. Traveler-Watchman (hand-delivered 3/15) Copies to ZBA Members with copies of file documents Newsday (Courtesy Copy for Government Watch Section) Original Posted on Town Clerk Bulletin Board (in Lobby) Town Clerk (for distribution to TB & TA) Building Inspector's Office Planning Board Office Applicant or Agent noted as follows: Mr. John Carraway (for Arthur Burns) Mattituck, NY 11952-0293 John Bertani Builder, 1380 Oakwood Drive Southold, NY 11971 Inc. (for Benedetto and Brehm appls.) Mr. and Mrs. William Gasser 2383 Fifth Avenue Ronkonkoma, NY 11779 Mr. and Mrs. Donald Brehm Box 585, East Marion, NY 11939-0585 Samuel and Steelman 25235 Main Road Cutchogue, NY 11935 (for Thomas Kelly) Mr. David Kapell (for Thomas Gluckman) Box 463, Greenport, NY 11944-0463 Mr. Richard Principi Box 495, Amagansett, NY 11930 Mr. and Mrs. Victor Rerisi 9 Cat Hollow Road Bayville, NY 11709 William D. Moore, Esq. 315 Westphalia Avenue Mattituck, NY 11952-0023 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 (for John and Judith Stripp) Mr. John Thatcher (Re: John and Judith Stripp appl.) F.I. Nature Conse'rvancy, P.O. Box 132 Green Village, NJ O7935-0132 ~PF~ BOARD MEMBEP~ Gerard R Goehrin~er, Chairman Ser~e Doyen, Jr. James Dialzio, Jr. Robert A. Villa Ri~'h-~ C. Wilt, on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fsx (516) 765-1823 Telephone (516) 765-1800 II ACTION DECL RATION March 9, 1994 Appeal No. 4224 Project/Applicants: County Tax Map No. Location of Project: Thomas and Roby Gluckman 1000- 111-5-2 1350 West Cove Rd., Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Guest Unit which presently contains less than 80 sq.ft, and to request p001 with deck and p001h0use in side yard of the 4+ acre parcel This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Enviro~ental Quality Review Act of the Enviror~mental Conservation Law and Local Law #44-4 of the Town of Southold. An EnviroDmental Assessment (Short) Fo~m has been submitted; however, Section 617.13 of 6 NYCP~ Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the ~ II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as Mended February 14, 1990}. Although this action is classified as ~e 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 SEQP~ 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 APPEAL~ BOARD MEMBERS Gerard P. Geehringer, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. Robert A. Vill~ Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPF_ALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTE FOR THE FILE FROM ZBA OFFICE: Re: Appl. No. 4224 3/11/9a, 2:00 p.m. - Member Dinizio was in and reviewed recently filed applications, to be inspected and advertised. It was noted that the map submitted for Thomas and Reby Gluckman is showing proposed construction within 7S feet of the bulkhead, which also requires a variance application (or amendment) before such relief may be advertised or granted as well as new neighbor notice. Jim asked that a memo be sent to the Building Inspector (Gary Fish) asking his position and whether or not he will be issuing a Disapproval Notice in order for the owners to apply for the variance amendment. - Gluckman 3/1119~ 2:30 - Linda contacted Georgia of the Building Department. Gary was out and will get back to us later when he returns. 3/11/g~ 3:00 p.m. Linda called David Kapell, agent for the owners, asking whether or not a variance for the structure within 75 feet of the bulkhead is going to be mede a part of the variance application since we are planning to send the Legal Netice to the newspapers Tuesday morning, March 1Sth. Dave Kapell to call back on Monday after he contacts the owners. He said, they may or may not agree to move the structures back to 7S or more feet from the bulkhead. Dave was asked to file a latter requesting that the pool be included as part of the appeal, if the owners are requesting this further variance, and he agreed to submlt a Netice of Disapproval for the pool if Gary Fish is able to issue it by Tuesday morning. Neighbor notice is expected for the pool as well. ~:00 p.m. - Building Inspector {Gary) stopped by. Gary agreed that variance would be needed since pool structure is within 75 feet of the bulkhead. Both building ~ zoning offices will await applicant's decision as to whether or not to amend papers for pool enclosure and structure within 75 feet of bulkhead. Note: Survey was amended March 8, lgg~ to include pool - which was after the initial and amended (second) Notices of Disapproval were issued. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE 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: DATE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY. SOUTHOLD TOWN CLERK ZONING APPEAL NO. t1224 MARCH 9. 1994 Transmitted is application for variance submitted by KAPELL REAL ESTATE on behalf of'DONA-E0~GLUCKMAN together with notice to adjacent property owners; Notice of Disapproval from the Building Department; together with survey and other relevant documents, Judith T. Terry Southold Town Clerk PROJECT 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 comlIieted by Applicant or Project sponsor) 1. APPLICANT/SPONSOR ~)C.*--~ '**~,~*~.~ 2. PR~E~ NAME 3. PROJECT LOCATION:~ ~* ~ C ~ ~ ~'1 4, PRECISE LO~TION ($lt~t a~aress an~ roa~ters~tiofls, ~romment lan~mar~ etC., of 0rovide maD) SEQR 5. IS PROPOSED ACTION; [] New [] Exoansion t,,~odlflcationlatteration 6. DESCRIBE PROJECT BRIEFLY: fnltlalty · acres Ultimately L~. ~._ acres 8. WILL PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTHER EXtSTtNG LAND USE RESTRICTIONS? WHA $ PRESENT LAN0 USE IN VICINITY OF PROJECT? 9. ,~;~'lesicle n IllI I~ InClustrial [] Commercial r--]AgriCulture ~'--] ParkJForest/ODen space I~ Other the action is in the Coastal Area, and you are a state agency, completD tile Coastal Assessment Form before proceeding with this assessment OVER . . 1 *(Continued on reverse side) th~s form, and an env~ronme e made by before any action is taken, this board SHORT ENVIRONMENTAL ASSESSMENT FO~M ~NSTRUCTIONS: (a) ~n order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. : (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or ~n~ual land form on the site? Yes ~No 3. Will project alter Or have a large effect on an existing body of water? Yes ._ .~/N o 4. Will project have a potentially large impact on groundwater quality? YeS'No 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? ~YeS~No 7. Will project result in a major adverse effect on air quality? 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 ~-No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=ul importance or any site designated as a critical environmental area by a local agency? Yes ~No 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes ?~No 11. Will project result in major traffic problems or cause a major effect ~o existing transportation .' ' systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration,, or electrical disturb- ance as a result of the project's operation? ~Yes ~No 13. Will project have any impact on public health or safety? 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 o__r have a major negative effect on the ~ ~ character of the community or neighborhood? 15. Is there public controversy concernin project? ~ g the . ~reParer,s Signature: ~-~'~. ' QUESTIC~AIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ~ the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) ~. Is the sU~]ecu premises listea on the real esua~e marne~ ~or - s~ale~or being shown to prospective buyers? { } Yes ~,~} No. (If Yes, Dlaa~a art~ uu_=y ~f "con~t~m~,, of C. Are ther~ { } Yes ~ No ~ozal= to ~n~e ~ alter l~d D. 1. Are there any areas which contain wetland grasses? 2. ~ the wetland ~eas ~ho~ on the map s~miUted with =nls application? 3. Is the property bul~eaeed between the wetlands area the upland building area? 4.' If your property contains w~tlanus or pond areas, have you contacted the Office of the To~n Trustees for its dete~ination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at below five feet above mean sea level? ~A (If or not applic~le, state "N.A.") F. Are th~a any patios, concrete barriers, bnlkheads or fe~ which ew~d are not ~h~ ~ ~e survey map that you s~mittin~? ~ If none exist, please state "none." G. Do you have any construation taking place at this time c~ncerning your premises~ ~ If yes, -lea o~ your bui ' · ' P se Suumit.a co ld~ng pe~it and map as approved by the Building py Depar~ent. If none, please state. H. Do you Qr any co-owner alsd own ~ther land close to this P~rcel? ~ If yes, please explain where or submit copies o~ deeds. I. Pleas~ list ~esent us~or o~erations conducted at this Au~°r~e~igna~ure an~ Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Soul:hold. TI~.USTEES __ The Board of Trustees of the Town of Sou~hold. [Added 6-5-84 by L.L. No. 6-1984] ~VETLA--NrDg [Amended 8-26-76 by LL. No. 2-1976; 3-26- tSbv~ L N~.6-1985]: A. IIDAL WETLANDS: (I) Al1 ]ands ~eneraIl¥ covered or intermi~ten:ly cov- ered with, or which border on. fids! wa~ers, or ~yin~ beneath t~da~ wa~ers, which a~ mean ~ow aide are covered by tidal wa~ers ~ a maximum depth of f~ve (5) feet. ~ncludin~ bu: no: ~mi~ed ~ banks. bog,s, salt m~rsh, swamps, meadows, ~a~ or o~her ~o~ ~ying l~nds sub~c: ~ tidal action: (2) AH banks, bo~s, meadows, fla~ and tidal m~rsh subject to such ~ides and upon which grows ar may grow some or any of ~he foHow~n~ sol: hay, black g~, sa~twar~, se~ lavender, ~1~ cord~as~, high bush. c~Z~ils, groun~eg m~s~nHow ~ (3) All ~d immediate~udjacen:~ a tidal w~land as defined in Subsection A(2) and lying within Seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. tlc 1, $ 2-1-0107, Subdivisions l(a) to l(d) inclusive. of the Environmen~l Conservation Law of the S~te of New ~ork: and (2) All land immediate v adjacent to a "freshwater xv land"as.~r: .. ; . et- . -~--neu ~n aubsectmn B(1) and lying, xvith- 'n seventy-five (75) feet landward of the most land- ward edge of a "freshwa:ar we£1and." 9705 z-:s.ss F IIF¢ -I'.IEI; 'FORK; TEL.:; ( .!8. R ( Thin,day, ,lancet 27, 19')4 Mr. Gerard Gochdnger Ta~ Tlall ~ou~old, N,Y. 11971 D¢tt Mr OoCuing~r: Thi~ will authorize David E Kal~ell m act a.~ a~ent tbr my x~'it~ and m~elf in the filh~a of nut upplb:alk~ to yo.r hot,rd l~r . ~fitmcc lo ~-~il cxpanaion of an c~st~8 guest .p~ftmc'nl I*cat~ on nu,' 1~'~ at 13 ~0 W~d Cc~'e R oad~ C%tchogue. N.~~. Wi: thtnk yc'u £~r yota' a$,qslan~.~ In I~s matter, FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CORRECTED PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-22620 Date FEBRUARY 23~ 1994 THIS CERTIFIES that the building Location of Property 1350 WEST COVE ROAD House No. Street County Tax Map No. 1000 Section 111 Block 5 Subdivision Filed Map No. ONE FAMILY DWELLING CUTCHOGUE ~ N.Y. Hamlet Lot 2 Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9~ 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-22620 dated FEBRUARY 23~ 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ATTACHED "SHED" (GENERATOR COVER) ACCESSORY DECK "LANDING" & PUMPHOUSE * The certificate is issued to THOMAS & ROBY GLUCKMAN (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. NOTE: THIS CORRECTS PRE CO DAT~O SEPTEMBER ~29, 1993 /~ilding Inspector Rev. 1/81 Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-1823 Telephone (516) 765-1802 OFFICE OF THE BUILDING INSPECTOR TOWN OF SOUTHOLD 11994 February 23, 1994 Mr. & Mrs. Thomas Gluckman 128 East 74th Street New York, New York 10021 Re: Premises @ 1350 West Cove Road, Cutchogue, N.Y, Suff. Co. Tax Map #1000-111-5-02 Mr. & Mrs. Gluckman: I am sorry our meeting did not go as well as you may have expected, but I trust you have a better understanding of the facts. The Pre-Existing Certificate of Occupancy that was issued by the Building Department for your residence at 1350 West Cove Road, Cutchogue, N.Y., Suffolk County Tax Map #111-5-02 was issued with an error. The Pre-CO lists an "Accessory Garage with Attached One Room Apartment with Bathroom". The fact is, the Accessory Garage has a Building Permit #3758 dated December 29, 1967 and a Certificate of Occupancy #Z3129 dated June 26, 1968. Therefore it cannot be included in a Pre CO as it was built well after the inception of Zoning and has a bona fide Building Permit and Certificate of Occupancy. Enclosed is a corrected Pre-CO with the Garage omitted. Mr. & Mrs. Thomas Gluckman, Page "2" Feb. 23, 1994 I have also enclosed a~ amended Notice of Disapproval regarding your recent application for a building permit to renovate the Accessory Garage. The procedure is to contact the ZBA with your disapproval and set up a date for a hearing. The'telephone No. is 516-765-1809. I trust this letter sheds some light on the facts regarding your Pre-CO and recent Building Permit Application to renovate your garage. If you have any questions or need any further assistance, please feel free to call me at 516-765-1802. Sincerely, SOUTHOLD TOWN BUILDING DEPT. Gary J. Fish, Building Inspector GJF:gar cc to: cc to: David Kapell Laury Dowd, Town Atty FOI~M NO. 4 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at ..~..e.f~..t;...C...~.~..e.....~..o..a,..c] ................................... Street Map No.[~,f~,,~.a~...~.~,o Block 1'4o ....................... Lot No. -..CuJ:c~og.u~.,...[qf~W...~O..~k ..................... · Pr,oper t .~es conforms suostantially to the Application for Building Permit heretofore filed in this office dated ........................ D.~;.~.~3;'.....~.!~ ........... , ]9...~.7.. pursuant to which Building Permit No....3..7.~...8.....~. dated ............. .D,..e..c...e...z~....e,.r.,....,.3..9.., .......... , 19..6..7...., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ ............. lQ. r.~, .v..~,t;.~... g.a r.~,g.~.... {.~,~.C.e. ~.$.Q,.~.. ~ p..i. ~.~.~ g J ............................................................... The certificate is issued to ....~;kar~l,o.t~f~...~'.,~3~..,...(Q~J.~3~.). ................................................ (owner, essee or tenant) of the aforesaid building. Bu d~ng Inspector FOIh~ NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at ..We.s:t...Ca~'e...l:b3ad....&:...V..a..n..~.~...o..17...,H..d.. ...... Street Map No..N..a...S.,....?..t.....C..1Bl~c~kOJ;Io ....................... Lot No. ~ .......... .q..~..t..g_h.g.g[.u..e.......~....Y..... .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated .................................. ?.ia~r. ......... .~. ............ , 19...~.0.. pursuant to which Building Permit No..)J'..~.,,~ .... ~"a; '~ 19....7. O, was issued, and conforms to all of the requirements dated ........................... of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ ............. P. ~.i.v.a .~.a .. one.., fa~il~...dw.e lli~ .................................................................................... The certificate is issued to ....O.=..F. il2llt~. ............ O.~a~e.r ................................................................... (owner, lessee or tenant) of the aforesaid building. House ~ 1350 West Cove 2260 Vanston Examined ........... ~ ............, 19 ........ Approved t ~ ........................................ , 19..~ .... Permit No............................. j-/'7 ~)*~- 7---- Disapproved a/c ............................................................... :i "' ........................ .............................. APPLICATION FOR BUILDING PERMIT INSTRUCTIONS ..... , a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building~ Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to odjo n ng prem ses or pub c streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. ' ~ 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 issue a Building Permit to the applicant. Such permiL~ Shall be kept on the premises available for inspection throughout the progress of the work. e. No building sh~ll 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 Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordirmnces or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable lows, ordinances, building code, housing code, and regulations. "~' ;' Joseph Deerkoski (Signature of applicant, or name, if a corporation) - Mattituck · ..................... ~';;;;' ;f '~'~'~li;~;~;i ............................. State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Contractor Nome of owner of premises C. Finney If applicant is a corporate, signature of duly authorized officer. : (Name and title of corporate officer) 1. Location of land on which proposed work will be done. Map No.: .....~...8:..S..S..,~.R...~...°.~.Z).,.~. ....... Lot No.: ......D..e...s..O..; ........ Street and Number ............. .]'~.~.~...C..Q.Y.~....~...V..~,~.~.O. Zl..~ .......... .Q~.~D.b~O.g~ ......... . .... /3~6) .~I ~,~O -~ - Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~r..e.~.~ ~.~.~ b. Intended use and occupancy .................... $.~,~tl~...wit,~..~...e.d~,i.tj. mz .............. 3. Nature of work (check which applicable): New Building .................. Addition ....... ~ ...... Alteration .....~ ........ Repair .................. Removal .................. Demolition .................. Other Work (Describe) ........................................ 4. Estimated Cost ............. ~.?-Q0~....~ ........................... Fee ............ ~.~.0. .................................................................... .. (to be paid on filing this application) 5. If dwelling, number of dwelling units .....Q~.~ ................. Number of dwelling units on each floor ............................ If garage, number of c~rs ............................................................................................................................. ~ ............... 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 ................................ Dimensions of entire new construction: Front ..... .~, .......................... Rear ........ .1...2. ............... Depth ...~. ................ Height Number of Stories =one Size of lot: Front ............................ Rear .................................... Depth ' Date of Purchase ........................................................ Name of Former Owner Zone or use district in which premises are situated ....................~.'J~!!...~.is.t .............................................................. Does proposed construction violate any zoning law, ordinance or regulation? ............... i~..~D. ................................... Name of Owner of P-remises ..C.....~.tz~.~e.~ ................ Address .......C,.~..c..~...o.~.e. ................ Phone No ..................... Nome of Architect ...................................................... Address ............................................ Phone No. ' Name of Contractor ......~.......?..e...e.?...~..o...s..~...i. .................. Address ........ ............Mattituck ....................... . Phone No ..................... ' - · 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 corner lot. 11. 12. 13. STATE OF NEW~¥,QP~,~, ~ * e COUNTY OF ...............~'~*~u..'~..~. ............ Sa'~' .......................... ~<~Se.~-.~)~;~O,~;~ ............................... being duly sworn, deposes and s~ys t~t he is the applicant (N~me of individual signing application) above named. He is the ........................ ~.Q~.~.~.Q~. ........................................................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work ~nd to ~ke and file this application; that all statements contained in this application ore true to the best of his knowle~e and belief; and tha~ the work will be performed in the manner set forth in the application filed therewith. Swam to before me this Ma 7 ................. ..... of ........................ ................ , n ,,,: ELIZABETH ANN NEViLL[ NOTARY PUBLIC, State of New Yell: ~ APPEALS BOARD ME1VLBERS Gerard P. Goehr~nger, Chairman Ser~ Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEATR TOV~N OF SOUTHOLD MEMO Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: Gary Fish, Building Inspector Office of the ZBA DATE: February 7, 1994 SUBJECT: Pre-Certificate of Occupancy #Z-22620 dated 9/29/93 issued to Adam & Charlotte Finney Our ZBA File~ Thomas and Roby Gluckman As reviewed and agreed by you last week, the Pre-C.O. dated 9/29/93 in the above matter was issued with an error concerning the use of the garage, as was the subsequent Notice of Disapproval dated 1/14/94. We have inquired as to the proper way to correct the record and have beenadvised~that you may issue an "Amended Pre-C .O" for an accessory garage with bathroom {rather than as written}, sending a new original to the o~ri~inal applicant for the Pre-C ,O., with to our office. '~ ~-? ~ e~ ~e~..~ (~,(~/~ ~ c~L~ ,~- ~/~| a copy --~ ~ -- & ~l~ . Since the appliCation is based upon a Notice of Disapproval with the same error, please re-issue the Disapproval as an "Amended Disapproval" with the corrected wording in all respects, and appropriate Article and Section Numbers of the Zoning Code. Upon receipt, we will be in a position to proceed with a variance application. It is our understanding that the garage with bathroom is requested to be converted into an extension of the dwelling for guest units (not an apartment). Thank you. cc: Town Attorney ZBA Members APPEAI.~ BOARD MEMBERS Gerard P. Goehrin~er, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. l~nbert A. Villa Ri~h,~ C. Wiltnn 'I~elephone (516) 765-1809 FILE UPDATE BOARD OF APPEAl .q TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fsx (516) 765-1823 Telephond (516) 765-1800 · 2/9/94 - Gary Fish confirmed he is re-writing the January 14, 1994 Notice of Disapproval to show correction. He indicated that he did 'inspect the building and there is no kitchen. The applicant is basically applying for additional quest (sleeping) quarters without a kitchen. He also confirmed that he did speak directly with David Kapell and/or Paul Caminiti, Esq., attorney for the owner. Gary is also requesting a return of the original Pre-C.O. for correction, but he is not sure the owner's attorney will return it. There is a C.O. issued around 1968 for the construction of the garage building and therefore its use cannot be preexisting. See C.O.'s #Z-3129 and' Z-3999 for this property. 2/10/94 - Informed that Gary is on vacation until 2/23. 2/14/94 (next work day due to holiday on 2/11): Asked Building Dept. if corrected Notice of Disapproval was written. Georgia showed the file and the corrected Disapproval, but she said Gary left · instructions that it not be given to Dave Kapell until the original Pre-C.O. is returned for corrections. 2/14/94 Dave Kapell returned tel. call to ZBA office. Indicated he is not sure whether the owner's attorney will return the original Pre-C.O. since they purchased property relying on it, he says. Linda confirmed that the corrected Notice of Disapproval and conforming appeal papers are needed, rather than the Pre-C.O. at this time, to process and advertise the application for a public hearing. The application as sits is defective - the owner is requesting a variance to permit additional guest rooms for sleeping quarters rather than apartment use. Perhaps the applicant thinks that the Pre-C.O. allows him a full apartment even though it does not exist, or maybe the owner defines "apt" as a guest room. 2/14/94 Spoke with Town Attorney of status (since she is aware of it from last week's discussions,) and Laury advised that it not be advertised at this point until the owner decides gets back to us about new Disapproval. She agrees the appeal application is defective. (~ ~/,--/-~ ~ APPEALS BOARD MEMBERS Gera~d P. Goehr/n~r, Chairman Serge Doyen, Jr. James Dinizio, Jr. l~bert A. Villa R/chard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD February i4, 1994 Town Hall, 53095 Main P,~ad P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. David'Kapell Kapell Real Estate P.O. Box 463 Greenport, NY 11944-0463 Re: Appl. No. 4214 - Thomas and Roby Gluckman Appeal from Notice of Disapproval dated January 14, 1994 Dear Dave: Since receiving the appeal papers from you on February 1, 1994, Building Inspector Fish confirmed that he has communicated directly with you concerning rewriting of the January 14, 1994 Notice of Disapproval. As of today, we understand that a corrected Notice of Disapproval has been written by Mr. Fish {prior to his leaving for vacation). Please let us know whether or not you would like to conform the appeal papers. If se., please return to our office in order that the papers may be conformed to reflect the updated Notice of Disapproval, and submit new Neighbor Notices, with corrections, returning one copy with an affidavit of mailing completed on the reverse side and certified-mail receipts to us. Once received, your application will be advertised for a public hearing. (If we receivethis from you on or before Thursday, February 17, 1994 we would be able to publish Notice in the February 24th newspaper edition, for a public hearing on March 2, 1994. (Subsequent Regular Meetings are held on the first Wednesday of each month.) For your convenience and use, we have enclosed a blank Neighbor Notice form and variance application form. Please do not hesitate to call Linda in our office if you have any questions or need assistance. Very truly yours, Enclosures cc: Building Inspector GERARD P. CHAIRMAN (Att~: Gary Fish) GOEHRINGER APPF_~T .~ BOARD MEMBEi~ Gerard P. C-cehrin~er, Chairm.. ~ Doyen, or. '. James Dinizio, Jr. ~Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS 'o. TOWN OF SOUTHOLD .FURTHER UPDATE AS OF 2/16/94: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 a.m. - Received telephone call from David Kapell as agent for Mr. and Mrs. Gluckman. He asked if Linda would attend a meeting that he is setting up with the Building Inspector to try and determine status of Pre-C.O. which is defective. I explained to Dave K. that at this point the appeal application has a defective Notice of Disapproval and accompanying appealpapers and that until the ZBA has been given proper jurisdiction, our office should not be attending a meeting with the Building Inspector for advisory purposes or otherwise. It was suggested that the property owner try to resolve the issue of the apartment which does not exist in the accessory garage and correction of the original Pre-C.O. without the ZBA. It was also suggested that .' since the property owner has already been consulting with their attorney, that they may want their attorney to speak with the Town .Attorney, particularly since it is an area of legal issues. a.m. - Advised by the Building Department that Gary Fish, the issuing officer for the Pre-C.O., etc. will be returning in three Working days. The Building Department tried to reach Gary, who is on vacation, without success. It is expected that when Gary returns on T~esday, the question of whether or not the owner wants to obtain the corrected Notice of Disapproval may be known. (At this point, the owner does not wish to obtain the new Notice of Disapproval since it leads back to the Pre-C.O.). At this point, the ZBA Department has been advised that the appeal is still defective based upon the original Notice of Disapproval, etc. and should not be advertised for a public hearing, until resolved. -,~_ n {' ". ,",,- ' , / I . . . ' /d . ' · ' · ~ ~- . .. ~o ~ _ ~. . _ ' . - :.?. · ~.~~ ~ ~~ ~, ¢~ ~~ ::::::::::::::::::::: u TOWN OF SOUTHOLD, NEW YORK ' DA~ 1.0/.Z3/~ZS.0.. ' ACTION OF THE ZONI~G BOAP~D OF APPEALS AppealNo. 2726 Appl icatiOn Dated July 28, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. and Mrs. Curtis A. Norklun 700 King Street Orient, NY 11957 Appellant at a meeting of the Zoning Board of Appeals on 0 C t o b e r was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~(X) Request for a variance to the Zoning Ordinance Art. I I I ( ) 16, 1980, me appeal Sections 100-30 and 100-32 gra~ed ( ) be de,ed pursuant to Article .................... Sect~n .................... S~section .................... paragraph .................... of ~e Zoning Ordinance and the decision of the Building I~pector ( ) be reversed ( ) be Public Hearing held 9/25/80' Application of Curtis co~med b~au~ ' ' anoNancy Norklun, 700 Kin§ Street, Orient, NY 11957, for a Variance to the Zonin§ Ordinance, Article III, Sections 100-30 and ]00-32 for permission to convert part of existing barn for guest house/residential use. Location of property: 700 King Street, Orient, NY; bounded north by King Street, west by Bogden, south by Willow Terrace Farms, Inc. and Brenner, east by Brenner; County Tax Map Item No. 1000- 26-2-37. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character ol the district because (SEE REVERSE SIDE) ' (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 ZONING BOARD OF APPEALS After investig('f Jn and personal follows: inspecti~' the Board finds Appellants have appealed to this Board seeking a variance for permission to convert part of an existing barn (two-story section) into sleeping quarters for their parents because their parents are forced to sell their own properties. The premises in question is a parcel of land containing approximately 16,600 square feet in area, and existing on the premises are a two-story frame house, two small sheds at the southwest corner, shed at the rear of the premises, and garage/barn at the center of the premises. The Board finds that the buildings existing on the premises appear to have been constructed prior to zoning and cover very near to the maximum permitted 20% lot coverage. The Board finds and determines that the relief requested relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining properties will be created; that the interests of justice will be served by She granting of the relief requested; that no adverse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. in On motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, that Curtis and Nancy Norklun, 700 King Street, Orient, NY be r~an~ a variance to the zoning ordinance, Article III, Sections 100-30 and 100-32 permitting applicants to convert the easterly two-story section of the subject barn for sleeping quarters as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the use of the area to be converted herein shall be only for their parents; and in the event same is no longer used by their parents that the barn will revert back to its present use as an accessory storage building. However, if ap- plicant wishes to continue using part the barn for sleeping quarters for persons other than their parents, applicants must re-apply to this Board by formal application for recon- sideration. (2) That not more than one bathroom is permitted to be installed in the subject barn. (3) That no kitchen facilities (including temporary and permanent cooking and plumbing) will be permitted. (4) That the proposed converted barn may never be rented or leased. (5) That the Building Inspector make annual inspections each year without prior notice. (6) That applicants must apply each year for annual renewal of the permission granted herein, not later than Sept- ember 15th of each year. Location of property: 700 King Street, Orient, NY; bounded north by King Street, west by Bogden, south by Willow Terrace Farms, Inc. and Brenner, east by Brenner. County Tax Map Item No. 1000-26-2-37. Vote Sawicki. Abstained were: Messrs. Grigoni ... APPROVED Chairing. Board of Appe~l~ / (Chairman Pro Tem) ~' of the Board: Ayes: Messrs. Dc ret~--C-~hr~,qcr and -1 ss. TI~iE SOU'IitOLD TOWN CLERK T~n C]er~, To~n o~ .C ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2986 Application Dated May 6, 1982 TO: Rudolph H. Bruer, Esq. as attorney for PETER D. PIZZARELLI Main Road Southold, NY 11971 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on the above appeal was on your [ ] July 29, 1982 considered, and the action indicated below was taken Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a Request for Special Exception under the Z~ing Ordinance Article , Section Request for Variance to the Zoning Ordinance Article 'III , Sections 100-30(A) and (C) [ ] Request for 'The public hearing\on this matter was held on July 29, 1982 Upon application of PETER D. PIZZARELLI, ky Edson and Bruer, Esqs.', Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A) and (C) for permission to construct an addition to an existing accessory building converting same into a two-bedroom cottage for family and guest use in an "A" Zone" (in addition to the main dwelling.) Location of Property: 5710 Indian Neck Lane, Peconic, NY; bounded north by Bolson; west by Wood; south by Hog Neck Bay; east by Tuthill; more particularly known as County Tax Map Parcel No. 1000-98- 5-14.3. The board made the following findings and determination: By this appeal, appellant seeks permission to convert an existing accessory building into a two-bedroom cottage for family and guest use without cooking facilities and which shall be used principally by the appellant's parents(-in-law), Mr. and Mrs. Joseph Gioscia. A statement has been submitted for the record from Dr. Herbert S. Arm stating that Mrs. Anna Gioscia is suffering from severe diffuse, crippling arthrits... Mr. Gioscia has a heart condition with angina and diabetes~melletus and is handicapped because of this...It is advisable that Mr. and Mrs. Gioscia live near their daughter, Mrs. Peter Pizzarelli ." ' ~?'i: The premises in question contains an area of 2.979 acres and is !i~¢* known as Lot No. 3 of "Minor Subdivision for Peter and Marie Louise (Pizzarelli at Peconic." Existing on the premises at the southerly end are a private one-family dwelling house, accessory garage structure and two small shed structures in the frontya~d area, and the Subject accessory building in the westerly sideyard area. Access to the premises in question is from a 30' right-of-way extending southerly from Indian Neck Road approximately 743.91 feet. Appellant has indicated no objection to conditions as imposed by the board, such as, no rental of the accessory building may be permitted; et cetera. It is the feeling of the board that the relief as requested is minimal and the amount of land area available is adequate. However, it is the opinion of this board that 40,000 square feet in land area should be applied to this accessory structure for this proposed use, and of course the remaining area to be applied to the main dwelling. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that the relief if granted will not change the character of the neighbor- hood; that if the relief is granted no adverse effects will be produced (CONTINUED ON PAGE TWO) DATED: August 17, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS (rev. 12/81) Page 2 - Appeal No. 2986 Matter of Peter D. Pizzarelli Decision Rendered July 29, 1982 -'3 on available governmental facilities of any increased population; and that the interests of justice will be served by allowing the variance subject to the condition specified below. On motion by Mr. Grigonis, seconded' ~y Mr. Sawicki, it was . RESOLVED, that Appeal No. 2986, application for PETER D. PIZZARELLI for permission to convert accessory building for use-~s a two-bedroom cottage for family and guest use, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: A line shall be drawn e~ually distant between both structures, (the main house and the subject accessory building) to comprise a minimum of 40,000 square feet for the guest 6ottag~. Location of Property: 5710 Indian Neck Lane, Peconic, NY; County Tax Map Parcel No. 1000-98-5-14.3. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grfgonis, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY THE SOUTHOLD TOV~N APPR'O, / --Chairman Board of Appeals TOWN OF SOUTIIOLD BUILDING DEPARTMENT TO%'~N CLERK'S OFFICE SOUTIIOLD, N.Y. NAR I 199,4. AMENDED NOTICE OF DISAPPROVAL Date February 23, 94 ........................... 19 ..... To ...D.a.v.J:.d Kapell a/e Thomas & Roby gluckman P.O. Box 463 Greenport, New York 11944 PLEASE TAKE NOTICE that your application dated December 30, 93 ................ 19 .... for permit to ALTER AN EXISTING GARAGE WITH ATTACHED CHEST UNIT 1350 HEST COVE ROAD CUTCHOGUE, HEI,/ YORK Location of Property ............ County Tax Map No. 1000 Section I I I .' .5 · 2 ............. Block ............. Lot ., ......... Subdivision ................. Filed Map No ................. Lot No... ' is returned herewith and disapproved on the following grounds A BUILDING WITIt l NON-CONFORMING USE SI~L NOT BE EI~RGED OR ALTERED OR PBS.TOP. ED NOR SHALL ANY EXTERNAL EVIDENCE OF SUCH USE BE INCREASED BY ANY HEANS }/HATSOEVER. IRED BY iI:l~ B flu~%ding Inspector' ' ' · GARY J. FISH - RV 1/80 FORM NO. a TOWN OF SOUTHO LD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date Narch 4, 96 To David Rapel 1 P.O. Box 463 .......... ;, ...... ...... 'Green or rk ' 119 PLEASE TAKE NOTICE that your application dated ...FEB. 25, 94 for permit to CONSTRUCT AN INGROUNI) POOL, POOL BOUSE & DECK Location of Property h~;s~ ~Jo~ ...................................... Street ' Hamlet ....... · 02 County Tax Map No. 1000 Section . I I I Block 05 . Lot . . . Subdivision ................. Filed Map No .............. Lot No .............. is returned herewith and disapproved on the following grounds ACCORDING TO 'llfli ?-0NING CODE OF 'l't~ TOI4N OF SOu'i'ItOLD AN ACCESSORY STRUCTURE IS REQUIRED TO BE IN EITttt~R YA ' I III -33 OR IN TIlE CASE OF A E I F ONTY "' ' n nspector RV 1/80 II/- COUNTY OF SUFFOLK JUDITH T. TERRY, TOWN CLERK ~ RECEIPT Town of Southold ., Southold, New York 11971 ~"~. ~ Phone'516-765-1801 DATE ! i BOARD OF APPEALS, TOWN OF SOUTHOt_D In the Matter or the Petition of : to the Board of Appeals of the Town nf Southold YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. Th~intention of the undersigned to petition the Board of Appeals of the Tow. of 5outhold [circle choice] to request a (~Variance))(Specia[ Exception) (Special Permit) (Other) ' 2. That the property,' which is the subject ~of the Petition is located adia.cen~: to yom'property and is deS- cribed as follows: ~-'~ \ ~.~ k..s..~e:~>,~'~ ~---~,,.~c~:,'"~x [~-'~. ,, C;.,.~...-X--~,?~ i~"~'~r~4 ~ 1 ' 3. That the property which is the subject of such Petition is located in the following zoning district: 5. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- signed are Article Section ~C~O - ~L~ t('~A~'~. ~' A,~-.~c:~e~ ~ t~-'~. ~-,~-'~"~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road Southold. New York and you ma), then and there exa..mine the same during regular office hours. (516) 7~5-1809. 7. Tha't before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the ~ight to appear and be heard at such hearing. Owners 'Names: ~'~q Post OfF,ce Address ~.~ [Copy of sketch or plan showing proposal to be att¢;hed for convenien:e purposes.] ~,,~, PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAiL RECEIPTS NAME ADDRESS STAT£.OFN£W YORK ) COUNTY OFSUFFOLK) ~ ~ , being duly s~orn, deposes and says that on the ~ day of ~ ~ ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the curren~ assmsment roll of the .Town of Sou~hold '.(Certified) (registered) that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by (This side does not have to be complet'ed on form transmitted to adjoining property owners.) BOARD OF APPEALS. TOWN OF SOUTIIOI.D In tire Matter or the Petition of : to the Board of Appeals of the Town of Soulhold : NOTICE TO ADJACENT PROPERTY OWNER · 1. Th~intention of lile undersigned to petition the Board nf A, ppeals of the Towll ofgout.h, nld' to request a (~(Special Exception] (Special Permit] (Other) lcd. role choice] 2. That the prope?~ which is the subiect of the Petition is located adlacem to you~ property and 3. Thai Ihe property which is I~e subject of such Petition is located in the following zoning districtt 4 Tha~b~ such Petidun, ~be undersigned will request II~e [ollowing re[tel: ~A~ ~ ~. ~. That [he provisions of lhe 5oulhold Town Zoni.g Code ~ppficable ~o the tellef souRh[ by [h~ [ ] Sectlon 280-A, New York Town Law for approval of access ove~ 6. Thai within five days [rom lite date hereof, a wrillen Petilio. requesting the rehe[ specified above will be filed in Ihe Soulhold Town Clerk? OfFice at Main Road, SouHmld. New Yotk and you may lhen and there examine Ihe same during r~gular off,ce hours. (516] 765-1809. ': . 7. Tha't before Ihe rrlie[ sough~ may be grained, a public hearing must be held on the malter by the B6ard o[ Appga~; thai a notice of such hearing musl be published at least Five days prior to Ihe date o[ hearing in the Suffolk Times and in the Long Island Traveler-Matliruck Watchman, newipapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have right to appear and be heard at such hearing. Post Offi.ce Address [Copy of sketch purposes.] or plan showing proposal to be attached for convenience PROOF' OF MAILINC; OF NOTICE ADDRESS STATE OF NEW YORK COUNTY OF SUFFOLK / ~ \\c~,-t~ , being duly sworn, deposes and says that on the ~ day Of ~ e,..x--~,~.. ,19 c~,.-{ , deponen~ mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of lhe above-named persons at the addresses set opposite their ~pective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current ass~sment roll of lhe Town o~ 5outhold; l. hal said Nolices were mailed al the United States.Post Of- rice at (~~ ~ ~ ~ ' , that said Notices were mailed to each of said persons by - . -(certified) (registered) mail. ~~ ~.~ ~, ~worn' to b~f~re m, thls ~ day of~. ~3 ~  Notary Public Comm~ion ~ ~- ~, 1~ (This side does not have to property ownerS.) .. be completed on form transmitted to adjoining TBOMAS su~vEveB ~ F~O'BY' GLU~idrwl/-:>q , :883950 E. / .I / / // / ~ // oo / / / SCALE- $0'; [" LIC, LAt, ID 5,)F:'~'EN"O~'5' *,-,I