HomeMy WebLinkAbout4221
APPEALS BOARD MEMBEP, S
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
FINDINGS AND DETERMINATION
Town Hall, 53095 Main Road
t~O. Box 1179
$outhold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Appl. No. 4221:
Matter of ARTHUR BURNS. 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. A~ticle XXIII.
Section 100-231 of the Zoning Code. Location of Property: 3525
Private Road ~f13, Mattituck. NY; County Tax Map Parcel No,
1000-105-1-4. Zone District: R-80 Residential.
WHEREAS, after due notice, a public hearing was held on
April 6, 1994. at which time 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; and
WHEREAS, Board Members have
familiar with the premises in question,
surrounding areas; and
personally viewed and are
its present zoning, and the
WHEREAS. the Board made the following Findings of Fact:
1. By this application, appellant requests approval of the
placement of a fence located within and along the front yard areas
at a total height of nine feet. and encompasses the existing 60 ft.
by 120 ft. tennis court.
2. A copy of a map has been submitted with this application
which shows the following improvements: (a) preexisting
one-story, single-family dwelling with screened-in porch and wood
decks, all situated at the northerly one-half of the premises;
{b) 60' by 120 ft. tennis court structure inground swimming' pool
structure with brick patio; {c) 9 ft, wide asphalt driveway
extending from the southeasterly corner of the premises to a private
right-of-way.
3. Article XXIII, Section 100-231 of the Zoning Code permits
fencing to be situated in a front yard area at a height of four
feet or less. (Fences along the side and rear yard areas are
Page 2 - Appl. No. 4221
Matter of ARTHUR BURNS
Decision Rendered April 6. 1994
permitted at a height up to 6-1/2 feet.) Also, it is noted for the
record that Section 100-33C of the Southold Town Zoning Code,
applicable to all residential zone districts, provides "...in the
case of a waterfront parcel, accessory buildings and structures may
be located in the front yard. provided that such buildings and
structures meet the front-yard setback requirements as set forth by
this Code..."
4. It is the position of the Board in considering this
application that:
(a) the property is uniquely situated at the westerly
end of a private right-of-way (referred to as Private Road
which establishes the front yard area. and is a waterfront parcel;
(b) the circumstances are directly related to the
layout of the property and are not personal to the landowners;
(c) the relief requested is not substantial; the tennis
court is set back greater than the requirement for a principal
dwelling quite distant from the front property line, and the
zoning code does provide for buildings up to a height of 18 feet
from ground level in the same front yard area;
(d) there will not be an undesirable-change in the
character of the neighborhood or detriment to nearby properties;
(e) the relief requested will
effect on available governmental facilities
fence as a necessity to the tennis court;
not cause a substantial
since the structure is a
(f) the difficulty was not sel,f-created;
(g) there is no alternative for appellants to pursue
other than a variance;
(h) in considering all the above factors, the variance
will not in turn be adverse to the safety, health, welfare, comfort.
convenience, or order of the town, be adverse to neighboring
properties, or alter the essential character of the neighborhood
since there is other (natural) screening at heights above four feet
near the area of this fence.
ACCORDINGLY. on motion by Member Wilton. seconded by
Chairman Goehringer. it was
RESOLVED. to GRANT a variance as to the height of fencing
around an existing 60 ft. by 120 ft. tennis court structure as built
Page 3 - AppI. No. u~221
Matter of ARTHUR BURNS
Decision Rendee-ed April 6. 1994
and shown on the map submitted for consideration, provided that the
fence heJ,qht not exceed 10 feet above ground level.
Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton,
Villa and Goehringer. This resolution was duly adopted.
Ik
GERARD P. GOEHRINGER. RMAN
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephene (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
APPEALS, at the Southold Town Hall,
New York 11971, on WEDNESDAY~ APRIL
times specified below:
SOUTHOLD TOWN BOARD OF
53095 Main Road, Southold,
6, 1994, commencing at the
1. 7:30 p.m. Appl. No. q221 - ARTHUR BURNS. This is a request
for a variance based upon the March 1, 199h 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 100-231 of the Zoning Code.
Location of Property: 3525 Private Road #1], Nattituck, NY;
County Tax Nap Parcel No. 1OOO-105-1-h. Zone District: R-80
Residential.
2. 7:32 p.m. Appl. No. q218 - JOHN E. STRIPP and dUDITH D.
STRIPP. (Continuation from March 2, 199q). Proposed
dwelling with reduced front yard setback from Private Road
off East End Road, Fishers Island, NY; 1OOO-7-2-9.
Page 2 - Notice of He~l~igs
Southold To~ Board of Appeals
Regular Meeting of April 6. 1994
3. ?:40 p.m. Appl. No. 4220 - 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
swimmingpool with enclosure in a front yard location;
ref. Article III, Section 100-32 of the Zonlng Code.
Location of Property: Private Road off Fa~t End Road,
Fishers Island, NY; County Parcel ID 1OOO-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 aioag Dawn
Lagoon; ref. Article XXIII, 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 ID
1OO0-35-5-26. The subject premises 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
Page 3 - Notice of He~hgs
Southoid Town Boarc of Appeals
Regular Meeting of April 6. 1994
ali property lines, reft Article XIX, Section 100-91(c),
Article XVIII, Section 100-81-C(2a) of the Zoning Code. Zone
District: Hamlet Business.
&- 7:55 p.m. Appl. No. 4223 - DONALD BREHM. This is a
request for a variance based upon the Building Inspector's
Rarch 4, 1994 Notice of Disapproval concerning a building pemit
application for a deck addition proposed within 75 feet of the
bulkhead along Dawn Lagoon; ref. Article XXIII, Section
100-239.qB of the Zoning Code. Location of Property: 1010
Raple Lane, Greenport, NY; Lot No. 60 at Cleaves Point, Section
III; 1010 ~aple Lane, Greenport, NY; County Parcel ID
10OO-35-5-27. The subject premises is substandard and is
located in the R-hO Zone District.
7- 8:00 p.m. Appl. No. q226 - THORAS AND JOAN KELLY.
is a request for a variance based upon the Building Inspector's
March 10, 1994 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 100-239.4B of the Zoning Code.
Location of Property: 1050 West Cove Road, at Nassau Point,
Cutchogue, NY; County Parcel ID 1000-111-5-1 containing
Page 4 - Notice of He
Southold Tan Board Is
Regular Meeting of April 6. lggq
8. 8:05 p.m. Appl. No. ~22q - 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, 1~9q Notice Of Disapproval concerning a building
permit application to alter an existing garage with atta~P~d
guest unit, which will include an expansion of the guest unit by
more than 50 percent of its present size; ref. Article XXlV,
Section 100-241 of the Zoning Code; and
b) a variance based upon the Building Inspector's
March 4, 1~4 Notice of Disapproval concerning a building permit
application to construct an inground pool,
fence enclosure, which will not be located
yard or required front yard; ref. Article
and Section 100-33C of
pool house, deck and
in the required rear
III, SecLion 1OO-33
the Zoning Code; and
c) a variance based upon the Building Inspector's
~archl4, 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 100-239.4B of the Zoning Code.
' ea a
Page 5 - Notice of H s
Southold Town Board of-Appeals
Regular Meeting of April 6. 1994
9. 8:15 p_m. /t~opl. Mo. ~225 - RICHARD AND DOLORES PR1NCIPI.
This is a request for a variance based upon the Building
Inspector's March 2, 199~ Notice of Disapproval concerning a
building permit application to relocate a dwelling structure
within lOO feet of the L.I. Sound bluff; ref. Article XXlII,
Section 100-239.4A-1 of the Zoning'Code. Location of Property:
Lot #2 show~ on the 1985 I~ap of Blue I~rizo~s, Section ; also
known as ~4~60 Blue Horizon 81uffs Read, Peconic, MY; Cowry
Parcel ID 1OO0-7q-1-35.52.
10. 8:20 p.m. Appl. No. q228 - VICTOR and GAlL RERISI~ as
contract vendees. (Owner: Doris E. Schwartz). This is a
request for a variance based upon the Building Inspector's
March 15, 199~ Notice of Disapproval concerning a building
permit application to locate a dwelling, the northerly portion
of ~hich will be within 75 feet of the bulkhead near Gull Po~d;
ref. Article XXlII, Section 1OO-239.qB of the Zoning Code.
Location of Property: Lot No. 3q and part of 33 on the Map
of Section Two at Cleaves Point, filed Map No. 3521; also known
as 800 Snug Harbor Road, Greenport/East Marion, NY; County
Parcel ID
11. 8:25 p.m. Appl. No. ~229 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
$outhold Town Board of Appeals
Regular Meeting of April 6. 199~
area, width and dp~th; ref.: Article XXlV, Section 1OO-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-~O Residential.
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in the
above matters. Written comments may also be submitted prior to
the conclusion of the subject hearing. Each hearing will not
start before the times designated above. If you wish to revie~
the files or need to request more information, please do not
hesitate to call 765-1809 or visit our office.
Dated: March 15, 199q.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P: GOEHRINGER
CHAIRMAN
By Linda Kowalski
X
FORM NO. 3
TOV~N OF SOUTHOLD
BUILDING DEPARTMENT
TO~N CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTIC~fi OF DISAPPROVAL
PLEASE TAKE NOTICE that your application dated.. ,~ .~./.~.. ........
~o~o~ o~O~r~ ... ~~ .... ~' "~ ........ '"--~
House ~o~ ...................... k'tie~i .............. ~ ............ ..
County Tax Map No. I000 Section /'O.,~.. ' ,~ ' Hamlet
.......... ---.- Block ...d~.. ~ .... Lot .............. .
ubdtvmon ...... Fried Map No. ~ ............... Lot No ........
~s returnefl ~erewith and disapproved on the followin~ ~rou ' / ~ ~ ~ '"' ' ~ .....
· . ~. ~ .. ......... :~...~~..~~ ~ ~ '
· ~~. ~ ~~.._.~ ~'~ .... :~..~. .
.... ~ / · /J ~ '~ ............
............. ~ .... :~~.. ~ ~
/;~ -~ ~' .-..?~ ..... , .................. . .
............... ~. ~ . .~H: ~ '. ~ ~ '~J,. . . ' ..... ," ~
.. .... ~...~~ ~ ~ ~. ~. · ..... ~.~
...... ~ .... ~.~ ~~
. / ~ .......... ~ .................,. ,
RV l/Bo
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:
(Separa~sh~t may b4~attached.)
B. Is the subject premises lis=ed on the real estate market ~or
sale. or being shown to prospective buyers? { } Yes
~ NO. (If Ye~, pl~se a~-h ~p~ o~ "condd~4~" of
C. Are there =~y~r~posals tD =hange~r alter land
{ } Yes ~ NO
D. 1. Are there any areas which contain wetland grasses?
2. Are the wetland area~ shown on the map submitted with
this application?
3. Is the property bul~dbe.t~e~Dthe wetlands area and
the upland building area?
4. If your property contains wetlands or pond areas, have
you contacted the Office of the TQwn/Trustees for its
determination of jurisdiction? .
E. Is there a depression or sloping elevation near the area of
proposed ~onstruction at or below five feet above mean sea
level? ~ (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, b~lkheads or fenc~
which e~gt ~nd are not sho~n on the survey map that you
sLtbmitting? ~ If none exist, please state "none."
G. Do you have any construction taking place at this time
cgncerning your premises? ~L~ If yes, please submit a copy
or your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? ~ If yes, please.explain where or submit copies
of deeds.
I. Please list~pres~n~ use~ o~rations conducted at this
parcel ~/~ ~~/~ ~L/ and
proposed use ~ ---
§ 97-13
WETL,LN'DS § 97-13
TOWN ~ The Town of Southold.
TRUSTEES ~ The Board of Trustees of the Town of
Southotd. [Added 6-5-84 by L.L. No. 6-1984]
WETL~L~FDS [Amended 8-25-76 by L.L. No. 2-197{6; 3-26-
85 bL~' 7. N ~qg~: .........
;~T' ~/DAL WETLANDS: '
(1) All lands generally covered or in~rmittently cov-
ered with. or which border on. tidal wam~. or lands
lying, beneath tidal water, which at mean low tide
are covered by tidal wa~e~ ~ a maximum depth of
· five (5) feet. including but not limited m ban~.
bogs. salt marsh, swamps, meadows, fla~ or other
low lying lands subject m tidal action;
(2) All banks, bogs, meadows, fla~ and tidal ma~h
subject to such tides and upon which grows or may
grow some ar any of the followin~ salt hay. bilk
~ass. saltwort, sea lavender. ~11 cord~s, high
bush, cattails, groun~ m~sh~-l!ow ~d ~w
(3)
Ail laud immediately udjacent 1o a tidal wetland as
defined in Subsection A(2) and lying ~vithin seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wettand.
FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24. Ti-
tle 1, § 2-1-0107, Subdivisions l(a) to l(d) inclusive,
of the Environmental Conservation Law of the SLate
of New York; and
(2)
All land immediately adjacent to a "freshwater wet-
nd, as defined in Subsection B[1) and lying with-
m seventy-five (75) feet land,yard of the most land-
ward edge of a "freshwater wetland."
9705 z- :s- ~s
' FORM NO, 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
(~ildi~nspector)
APPLICATION FOR BUILDING PERMIT
BOARO OF HEALTII ........
~ SETS OF PLANS ........
SURVEY .................
SEPTIC ;ORH ' ''
CALL = ......
HAIL TO:
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 giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
cation·
¢. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector·
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, NeW York, and other applicabh 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, ordinanc code, and regulations, and to
necessaes ~i ~.ode, hous,ng
pplicant, or name, if a
(Mailing address of applicant)
State whether applicant is owner, 'lessee, agent, architect, engineer, general contractor, electrician, plumber or builder·
...................................
Name of owner of premises . ...
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
........ (Na~e' .~ r~ci ............
title of corporate officer) ....
Builder's License No ..........................
Plumber's'License No .........................
Electrician's License No .........................
Other Trade's License No ...... ~ ...............
I. Location of land orr~hich proposed work will be done ...........
.............................
· Street "
! use r~tunoer , Hamlet
. l .¢.
Cotmty Tax Map No. 1000 Section ..... Block ................. Lot ................
Subdivision ......... Filed No.
............................ Map
(Name) .............. Lot ...............
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
b' Intende'd use and occuplmc,...'. ,: .¢ .~., . ~'/4 . ~ .....
3. Nature of work (check which licable): New Building -"'"" ~
Repair .......... Ad,~lition
.............. Removal .......... Alteration ....
.......... Demolition .....
.... · .............. Other Work .....
4. Estimated Cost...~- .~.'-~C'~. ' (Description)
5. (to be paid on filing this application)
Ifdwelling, nUmberofdwellngunits ............... Numbc , · ·
· If garage, nam bar of cars .... r of dwclbng umts on each floor .........
If business, commerc a or mixed occupancy, specify nature and extent o f each type of use ....................
7. Dimensions of existing structures, if any: Front ...............Rear
DH.eight ............... Number of Stories .......... ' .... ' ......... Depth ............
m~ensions of same structure with alteratious or additions: Front
Depth .......................... Rear
8. ' ............ Height .................
Dimensions of entire new Construction Fr(~t .................... Number of Stories .... .
He,,, . ............. tuber of Stories ........... : .....R7 ....... ' .................
'=hr Nu ............... ar · · ~". ......Depth ....
9. Size oflot: Front ........ ,i .................. ~i~iiiii~j
10. Date of Purchase .. · ............. Rear ...................... Depth ..........
11. ' .......................... Name of Former Owner ............
Zone or use district in which premises are situated ................................. ................
Does proposed construction violate any zoning law, ordinance or re,,.lat;,,,- ....
13. Will lot be regraded vo ......................
............................ Will excess fill be ,-emoved from rem'
14. Name of Owner of premises ~j - p . ~ses: Yes No
................. auaress ................... Phone No.... .......
Name of Architect ....... . ........ Address ......
Name of Contractor ........... · .................. Phone No ................
.......................... Address .......... : .... Phon~ No.
15. Is this property within 300 feet of a .... · ..............
· If yes, Southold Town Trustees tidal wetland? *Yes ........ No .........
Permit may be required.
.-. PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from
property Lines. Give street and block number or description according to deed, and show street names and indicate whether
· interior or corner lot.
STATE OF NE~/_YOR~c~- [/" S S
lA.. -
.... ~'~'; - .'.'- .~ - -~%.~..t ?;t. Y.~'7 b. ~ ............. being duly
above named(.Name of individual signing contra~t)
sworn, deposes and says that he is the applicant
He is the ........... . ........ .
(Contractq.r., agent, ,orporate officer, etc.) ....
of said owner or owners, and is duly authorized to perf0i-m-~r have performed the smd work and to le th
application: that all statements contained in this application are true to the best of bis knowledge and belief; and that the
work will be performed in the manner set forth in the application filed therewith.
Sworn to before me this Cra
......... /:' 'i ~) ....day o f ,,xn. ....
.... '
.............. , ........ ~...
~mmission Expires,December 8, 19~ (S~gnature O~c~t)
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
RECEIVED
NAR O 4 1994
Southold Town Ciork ,
TO THE ZO~JlNG [t~DARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
,. ........ .........................................
j,'~ ,~ a )~, PP ~,treet and Number .,Gs--- ~'~'~L
..... /..z..~.~~f ................................................ ~.~.L.~M~ .......... HEREBY APPEL ~O
MunlcipaliW ~t~
THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUIL~iNG~NSPE~OR ON
................................... ............
WHEREBY THE BUILDING INSPECTOR DENIED TO
........... ~.....~_.~ ....
~ome o~ Applicant for permit
of
Street and Number Municipality State
() PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
,. (OCA*,ON OF~E PRgERTY ..... ~.bT..~....~~.Yd,~/..~ ..
District 1000 Sectiod~B10ck/ Lot ~. Current ~ner
~op ~o. cot No. PriOr Owner
2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Ar t i_cl ~'t~7XT~ section
2. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(~ A VARIANCE to the Zoning Ordinance 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 (~~been made with respect to this decision
of the Building Inspector or with respect to this property·
· Such oppeal was ( ) request for a special permit
~,~ request for a variance
and was made i~~-~...~......Dated
REASON FO~/APPEAL
( } A Variance to Section 2BOA Subsection 3
~ A Variance to the Zoning Ordinance
isrequested forthe reasont~at~__~~'
(Continue on other side)
REASON FOR APPEAL'
H~iD ~twoT btorltgng
I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
saw HARDSHIP because
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. e V 'a ce would observe the spirit of the Ordinance and WOtOLD NOT CHANGE THE
CHARACTER OF THE DIS i RICT because
STATE OF NEW YORK )
)ss
COUNW k
Sworn to this ........... ~...~.~ ........................ day
ELIZABETH ANN NEVILLE
Notary Public, State of New York
No. 52-8125850. Suffolk Co~t.ty
Term Expires October 31, 19~
TOWN OF SOUTHOLD PLtOPERTY!~RECORD~i:I
OWNER ·
' FORMER OWNER
STREET' ~ ¢~ ~'~'O VILLAGE
N
IND.
RES.
LAND
' Farm
IMP.
Ac re
VL.
TOTAL
FARM
DATE
REMARKS
DISTRICT
ACREAGE
LOT
CB.
House Plot
Brushland :
7
Swampland
. Tillable 1
Tillable 2
BUILDING CONDITION
BELOW ~, .~I~BOVE
16J '~ ~'/
Value Per Acre Value
TYPE OF BUILDING
Extension Fire PIoce ~ Heo' ~(&~ '-~0(
Breez~a' ~ ~'t ~ /''~ ~ ~ Patio Rooms 2nd Flor ~
GQrQge Driveway
APPROVED .RS NOTED
1802 9 ~M TO [ ~ ~R ~E
mz:
0
~ 0
OCCUFANCY OR
USE IS UNLAWFUL
WITHOUT CERTIFICATE
OF OCCUPANCY
Page 4
Regular Meeting of April 6, 1994
Southold Town Board of Appeals
MRS. BURNS: Just that it is a builder's error when we first apply
for tile tennis-court we assumed that it everything was altogether
obviously.
THE CHAIRMAN: I have to admit to you I was up there when and it
was still snow on thc ground at
this tennis-court at all?
MRS. BURNS: No.
THE CHAIRMAN: Lets just see if
other questions for Mrs. Burns?
THE BOARD: No. Do you intend
tile time. Is there ally lighting for
anybody on the board have any
to fill tile center section of this
fence or is that tile way its going to be?
MRS. BURNS: Right. Yes, just the.way it is.
THE CtlAIRMAN: Does anybody have any objection to this application?
THE BOARD: No. You want to make a motion.
THE CHAIRMAN: Okay, make it.
THE BOARD: Make a motion that it be a approved as built.
THE CHAIRMAN:. As applied for.
TIlE BOARD: As applied for.
THE CHAIRMAN: Okay, second ill favor.
(See Clerk's minutes for resolution.)
7:35 P.M.
THE CIIAIRMAN: Okay, next t,l)peal is '4218 on behalf of JOIIN E.
STRIPP and JUDITII D. STRIPP. A continuation from the March 2,
1994 meeting. Mr. lIam yol~re on. flow are you tonight?
Page 3
Regular Meeting of April 6, 199,1
Southold Town Board of Appeals
1. PUBLIC IIEARINGS:
7:32 P.M.
Appl. No. 4221. ARTIIUR 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 100-231 of
the Zoning Code. Location of Property: 3525 Private Road #13,
Mattituck, NY; Couuty Tax Map Parcel No. 1000-105-1-4. Zone
District: R-80 Residential.
7:32 P.M. (CItAIRMAN opcued tile bearing and read the Legal Notice
and application for thc record.)
THE Chairman: Also property putting the house and tile underground
pool and tellnis court front on Long Island sound and tile post tennis
court is in the rear of the swimming pool actually it is in the front
yard of tile property. I have a copy of the Suffolk County Tax Map
indicating the surroundiug properties in tile area and a sketch of a
survey dated a most recent updated December 6, 1985. Is there
someone who would like to be heard concerning this application?
Anybody here for Burns? Oh! How are you? Could I ask you to use
the mike and to state your l~ame please?
BERNADETTE BURNS.
THE CHAIRMAN: How are you tonight?
MRS. BURNS: I'm fine thank you.
THE CIIAIRMAN: Is thcre anything you would like to add to it?
APPLN.#
INDEX
APPLICANT
PAGES
4221
4218
4220
4222
4227
4223
4226
4224
4225
4228
4229
ARTHUR BURNS ......................... 3-4
JOHN E. STRIPP AND JUDITH D. STRIPP.. 4-7
JOHN E. STRIPP AND JUDITH D. STRIPP.. 7-19
CINDY BENEDETTO ...................... 19-23
WILLIAM GASSER ................... ' .... 23-34
DONALD BREH~ ......................... 34-40
THOMAS AND JOAN KELLY ................ 40-44
THOMAS AND ROBY GLUCKMAN ............ 44-57
RICHARD AND DOLORES PRINCIPI ......... 57-68
VICTOR AND GAIL RERISI ............... 68-80
FRANK R. ZALESKI ..................... 80-84
PUBLIC tlEARING
BOARD OF ZONING APPEALS
TOWN OF SOUTIIOLD
April 6, 1994
Present:
(7:30 p. m. Hearings Commenced)
HON. GERARD P. GOEHR1NGER,
Chairman
SERGE DOYEN, Member
JAMES DINIZlO, JR., Member
ROBERT A. VILLA, Member
RICIIARD C. WILTON, Member
LINDA KOWALSKI,
Clerk-Assistant to Board
Page 3 - Appl. No.
Matter of ARTHUR BURNS
Decision Rendered April 6.~ 1994
and shown on the map submitted for consideration, provided that the
fence hei,qht not exceed 10 feet above ,cjround level.
Vote of the Board: Ayes: Messrs. Doyen. Dinizio. Wilton.
Villa and Goehringer. This resolution was duly adopted.
Ik
GERARD P. GOEHRINGER. IRMAN
DEPARTMENT OF PLANNING
OCOUNTY OF SUFFOLK
ROBERT J, GAFFNEY
SUFFOLK COUNTY EXECUTIVE
STEPHEN M. JONES, A.I.C.P.
DIRECTOR OF PLANNING
April 21, 1994
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be constmmd as
either an approval or a disapproval.
Applicant(s)
Municipal File Number(s)
Burns, Arthur 4221
Benedetto, Cindy 4222
Brehm, Donald 4223
Very truly yours,
Stephen M. Jones
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
H, LEE DENNISON BUILDING
B VETERANS MEMORIAL HIGHWAY
· (516) 853-5192
FAX (SIG) 553-4044
APPEALS BOARD MEMBERS
Gerard P. Goehringcr, Chairman
Richard C. W~lton
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
Pursuant to Article X/V of the Suffolk County Administrative Code, The
Board of Appeals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning C~m,~ssion:
X Variance f~om the Zoning Code, Article XXIII
, Section 100-231
.. Variance from Determination of Southold Town Building Inspector
~Special Exception, Article
, Section
__ Special Permit
Appeal No: 4221 Applicant: ARTHUR BURNS
Location of Affected Land: 3525 PRIVATE RD.
· County Tax Map Item No.: 1000-105-1-4 Zone Dist.:
Within 500 feet of:
MATTITUCK, NY
R-80 Residential
X
Town or Village Boundary Line
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or other
Recreation Area
Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by
the County or for which the County has established Channel Lines, or
__Within One Mile of a Nuclear Power Plant
__Within One Mile of an Airport
Comments: Applicant is requesting permission.to
existing tennis court, which
femce areOnd
height exceeds the requirements when located
in a front yard.
Copies of Town file and related documents enclosed for your review.
Dated: April /~ 1994 .
jdr
APPE.M.~ BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Aprll 14. 199~
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823 -
Telephone (516) 765-1800
Mr. and Mrs. Arthur Burns
P.O. Box -293
3o50 Private Road #13
Mattituck, NY 11952-0293
Re: Appl. No. 4221 - Variance for Fence Height Around Tennis~-Court
Dear Mr. and Mrs. Burns: i
Enclosed please find- a copy-of, the findings and determination rendered by
the Board of Appeals.,foilo~ing the public hearing held;on April 6. 199~.
Please be sure to return to. the Building Inspector and any. other agency
which may have jurisdiction for issuance of a fence permit and/or updated
certificate of occupancy for the tennis .court.
We have furnished copies of this. determination to the Building Department for
their update concerning the March 1. 199~ Notice of, Disapproval~.
Also. a copy of your ~ariance file has be~n transmitted to the Suffolk-County
Department of Planning due to the fact that your property falls within· SO0
feet of a waterway, The Suffolk County Administrative Code provides for
their review and/or recommendations;., and we will~for~ard a ~copy of their
response to you for your records when received by our office.
Very truly yours.
Linda Kowalski
Clerk. Board of Appeals
Enclosure
Copy of Decision to:
Building Department (Thomas J. Fisher. Sr. Inspector!
Suffolk County Department of. Planning
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 g 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 Conservancy, P.O. Box 132
Green Village, NJ 07935-0132
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOVFN OF SOUTHOLD
March 4,
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
1994
Mr. Arthur P. Burns. Sr.
P.O. Box 293
Mattituck, NY 11952-0293
Re: Appl. No. 4221 - Variance for Fence Height
3525 Private Road #13, Mattituck
Dear Mr. Burns:
This letter will confirm receipt of the above application
and confirm that Appeals Board Members will be individually
viewing the site within the next week or two.
The public hearing on this application will be advertised
for the Board's Regular Meeting to be held during the evening on
Wednesday, April 6, 1994. It is requested that you and/or your
agent attend the hearing for questions by Board Members and
possibly from interested neighbors or other persons.
A copy of the Notice of Hearings will be forwarded to you
under separate cover prior to advertisement by our office in the
L.I. Traveler-Watchman, Inc. and Times-Review newspapers.
Very truly yours,
Clerk, Board of Appeals
Copy faxed to 212-645-~'
~ ~-~
APPEAl .~ B OARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Ri~h~d C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
March
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
4, 1994
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4221
Project/Applicants:
County Tax Map No.
Location of Project:
Arthur Burns
1000- 105-1-4
3525 Pvt. Rd.
#13, Mattituck, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Tennis court fence will exceed the 4' height re9ulati0n in the
fr0ntyard area
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13{a) as amended
February 14, 1990}.
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)}, this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
mc
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York I 197 I
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATE:
RE:
Zoning Board of Appeals
Office of the Town Clerk
March 4, 1994
ZONING APPEAL APPL NO. 4221
- ARTHUR BURNS
Transmitted herewith is ZONING APPEAL APPL NO. 422~1 - ARTHUR BURNS
together with the Notice of Disapproval from the Building Department, the
Building Permit application, the Notices to Adjacent Property Owners,
the Zoning Board of Appeals' Questionnaire, a copy of the Survey Map,
a copy of a letter from Mr. Burns authorizing John Carroway to act as
his agent.
Judith T. Terry
Southold Town Clerk
Ma~h 2, 19~;4
Town of Sou~ahold
~ard c~£ Appeals
PP!qE. :)Cf l
BT
ham my permission to '' name. If
sign my
fl)r~her ~estion, please call me at (212) 807
A~ t h ,
A-C
-80
R~80
" R-80
MATTrTtJCK
LIO ,
t
R -80
A-C
Southold Town Board of Appeals
MAIN RrlAD- STATE RI'lAD 25 SOUTHI3LD, L.I., N,Y. 119"/1
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3532
Application Dated June 24, 1986
TO:
Anthony B. Tohill, P.C.
12 First Street, Box 1330
Riverhead, NY 11901
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on September ]], ]986,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ~ Request for Variance to the Zoning Ordinance
Article III , Section § 100-30(C) and ]00-32
[ ] Request for
Application of ARTHUR AND BERNADETTE BURNS for a Variance to the
Zoning Ordinance, Article III, Sections lO0-30(C) and 100-32, for
permission to construct accessory tennis court in the frontyard area,
at 3525 Private Road #13 (right-of-way extending off the end of Ruth
Road), Mattituck; County Tax Map Parcel No. 1000-105-1-4.
WHEREAS, a public hearing was held and concluded on August
1986 in the Matter of the Application of ARTHUR AND BERNADETTE
BURNS, Appeal No. 3532; and
14,
WHEREAS, at said hearing all those 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; and
WHEREAS, the board members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the board made the following findings of fact:
1. The property in question is located at the north side
of Private Road No. 13 in the Hamlet of Mattituck and is more
particularly identified on the Suffolk County Tax Maps as
District lO00, Section 105, Block l, Lot 4.
2. The subject premises contains a lot area of 5.483 acres
and average lot width of 227± feet and is shown on survey revised
May 23, 1986 by Young & Young Surveyors to be improved with: (a)
a single-family, one-story frame house set back very closely to
the bluff along the Long Island Sound and 677± feet from the
southerly (front) property line and 50± feet from the easterly
(side) property line, (b) accessory inground pool distance 75±
feet south of the dwelling structure, (c) 8' by 22'± accessory
shed situated 327± feet from the southerly property line and 58±
feet from the westerly (side) property line.
(CONTINUED ON PAGE TWO)-
DATED: September 17,
Form ZB4 (rev2 12/81)
1986.
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Page 2 - Appeal No. 3532
Matter of ARTHUR AND BERNADETTE BURNS
Decision Rendered September II, 1986
3. By this application, appellants request permission to
locate a 60' by 120' tennis court approximately 190 feet South
of the existing dwelling in the front yard area. No fencing
is shown or requested at this time, and it should be understood
that this variance does not include an excessive-height relief
for the fence.
4. The board agrees that the topography of the land and
location of the existing structures lend to the practical
difficulties in this matter and that there is no other method
feasible for appellants to pursue other than a variance.
5. It is also the understanding of this board that the
tennis court will be limited as an accessory incidental to
the single-family residential use of the premises and not
operated for gain.
In considering this appeal, the board also finds and
determines: (a) that the relief requested is not substanti.al;
(b) the practical difficulties claimed are sufficient to
warrant a granting of relief, (c) there will be no substantial
change in the character of the district; (d) the circumstances
a~e not shared by other properties generally existing in the
neighborhood; (e) there is no other method feasible for
appellants to pursue other than a variance; (f) the setback
of the proposed accessory tennis court will be substantially
farther than that provided for new principal structures;
(g) that in view of the manner in which the difficulty
arose and in consideration of all the above factors, the
interests of justice will be served.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis, it was
RESOLVED, that a Variance for permission to locate
tennis court structure accessory and incidental to residen-
tial use of this parcel, in the Matter of the Application
of ARTHUR AND BERNADETTE BURNS, Appeal No. 3532, BE AND
HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. The accessory tennis court be located not closer
than 365 feet from the front property line as requested and
not closer than 30 feet to the west property line;
2. No outside lighting around the tennis court structure,
as proposed;
3. Excessive height of fencing, if any, is not to be
considered part of this approval and may require another
variance application for consideration after formal applica-
tion to the Building Inspector.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This resolution was duly adopted.
lk
GERARD P. GOEHR'INGER, C~d~IRMAN
September 17, 1986
JUDITH T. TERRY, TOWN CLERK
Town of Southold
Southold, New York 11971
Phone: 516-765-1801
RECEIVED OF: /~.~.~7~._
FOR:
RECEIPT 0 4 9 8 0 6
BOA"° OF AP.~ALS, TO~N oF SOUTHO~D
.. ,~M.~,.r o, ,he Peti,ioo of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. Thaz.~_LLL.~e intention of the unde~igned to petition the Board of Appeals of t~c Tow~ of Southotd
to request a ~arianc_nc_nc~ (Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is the subiect of the Petition is located adjacent to your property and is des-
3. That the property which is~th~e subiec,t of suc.~ Petition is located in the following zoning district:
4 ,That h~ such Pelitior14'~he unckg'.signed will ~'equest the following relief;. "~.A~/~'~,.4 zo~ ~_
--~I~ ~ -~ ~ ;W~ .~,~...ZI ~ V /,q ~L~- . / t 12 - v "
5. That the pro~e Southold Town Zoning Code applicable to the relief sought by the under-
signed are A:t_Lcle ~ Secr_Lon //~'~ ~ ~ /
[ ] Section 280-A, New York Town Law f~r 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 ~he Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 7~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appea~s; 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 $outhold and designated for the publication of such notices; that you or your representative have the
appear, and be heard g.
Post Office Address~
Tel. 'No.
[Copy of sketch or plan
purposes.]
showing proposal to be attached for convenience
PROOF OF MAILIN(~ OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME AD[)RFqc
$66L qo~ ~00~ m~oa Sd
3IAI I: UP N~-W YORK
COUNTY OF SUFFOLK
SS.:
19 ~..~__~, deponent mailed a true copy of the Notice set forth on tl~e re-
Ofverse side~?'!' ~ ~r,,l~ereof, directed to each of the above-named persons at the addresses set opposite their respect ye
names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on
the current as3.essment roll of t~e.Town of Southold:that said Notices were mailed at the United States Post Of-
rice at ~ ~ ~ ~L.D ~7..~ ~ J~ ~'~ ; that said Notices were mailed to each of said persons by
{certified) (registered) mail. ~"
Sworn to before me this c:~ ~
Notary Public I
ELIZABETH ANN NEVILLE
Notary Public, State of New
No. 52-8125850, Suffolk
Term Expires Octob~,! ::~ ~ ~'~
(This side does not have to be complet'ed on form transmitted to adjoining
property owners.)
STATE OF N~ fORK)
) SS:
~d Co~, bei~ d~y swo~, says ~at he/sh
is Principal Clerk of THE S~FOLK TIM~,
Wee~y Newspaper, published at Mattltuck, i
the To~ of Southold, County of Suffolk an
State of New York, and ~at the Notice of whic.
~e ~nexed ~ a p~ted copy, has been ~
ly p~lished in said Newspaper once each wee~
for ~ weeks successively, 6~menci~ o~
~e ~-[ dayof~ 1~4.
PrlnclpalClerk
Sworn to before me this r~
day of~"~ lOq~
- . MARY DIANA FOSTER
I~IOTARY PUBLIC, ~ATE OF NEW YORK
NO. 52-4~55242, SUFFOLK COUNTY
COMMISSION .EXPIRES AUGUST 31, 19~17
COUNTY OF SUFFOLK
ss:
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 ......................
Sworn to before me this ........... Z/.-?- ...... day of
......... /:%. ..... 19 .?..
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF
PUBLIC HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Towr~ Law and the
Code of the Town of
Southoid, 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. Appl. 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 bniIding permit application
for fencing around the existing
tennis-court, which height ex-
ceeds the requirements when
located in a front yard; ref.
Article XXIlI, Section 100-231
of the Zoning Code. Location
of Property: 3525 Private
Road No. 13, Mattituck, NY;
County Tax Map Parcel No.
1000-105-1-4. Zone District:
R-80 Residential.
2. 7:32 p.m. Appl. No 4218-
JOHN E. STRIPP and
JUDITH D. STRIPE (Con-
tinuation from March 2,
~994). Proposed dwelling with
reduced front yard setback
from Private Road off East
End Road, Fishers Island, NY;
1000-7-2-9.
3.7:40 p.m. Appl. No. 4220-
JOHN E. STRIPP and
JUDITH D. STRIPE 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 swimming pool with
Notary Public BARBARA A. $CHItt31~I~
~;,:" ..d ~ ?: ~un~ /
bulkhead along Dawn
Lagoon; ref. Article XXIII,
Section 100-239. 4B of the
Zoning Code. Location of
Property: Lot No. 61 at
Cleaves Point, Section III; 910
Maple Lane, Greenport, NY;
~.~l_County Tax Map Parcel ID
000-35-5-26. The subject
~remises 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 identificatlgn signs, as
exist on fence, which do not
meet the setback requirement
of 15 feet from all property
lines, ref: Article XIX, Section
100-91(c), Article XVIII~ Sec-
tion 100-81-C(2a) of the Z0n-
Zone District:
ing Code.
Hamlet Business.
~, 6. 7:55 p.m. Appl. No. 4223-
/'ff)ONALD BREHM. 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 a deck addition proposed
within 75 feet of the bulkhead
along Dawn Lagoon; ref. Ar-
ticle XXIII, Section
100-239.4B of the Zoning
Code. Location of Property:
1010 Maple Lane, Greenport,
NY; Lot No. 60 at Cleaves
Point, Section 111; 1010 Maple
Lane, Greenport, NY; County
Parcel 1D 1000-35-5-27. The
subject premises is substan-
dard and is located in the R-40
v0Zo~e District.
~'~7~ 8:00 p.m. Appl. No. 4226-
THOMAS AND JOAN KEL-
LY. This is a request for a
variance based upon the
Building Inspector's March
concerning property known as
1350 West Cove Road, Nassau
Point, Cutchogue' NY; Coun-
ty 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 III, Section 100-33
and Section 100-33C of the
Zoning Code; and
c) a variance based upon the
Building Inspector's March
14, 1994 Notice of Disap-
proval concerning a building
permit application to con-
struct an inground pool, pool
house, deck and fence_.,
enclosure, a portion of whicl~~'
is proposed within 75 feet ot
the bulkhead along Horseshoe
Cove; ref. Article XXIll, Sec-
tion 100-239.4B of the Zoning
Code.
9. 8:15 p.m. Appl. No. 4225-
RICHARD AND DOLORES
PR1NCIPI. This is a request
plication to locate a dwelling,
the northerly portion of which
will be within 75 feet of the
bulkhead near Gull Pond; ref.
Article XXIII, Section
100-~39.4B of the Zoning
~'Code. Location of Property:
/'Lot No. 34 a~nd part of 33 on
the Map of Section Two at
Cleaves Point, filed Map No.
3521; also known as 800 Snug
Harbor Road, Greenport/East
Marion, 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 con-
firming and recognizing this
vacant lot as exists with non-
conforming area, width and
depth; ref.: Article XXIV, Sec-
tion 100-244 of the Zoning
Code. Location of Property:
Lot No. 11 on the 1965 Filed
Map of Deep Hole Creek
,~states; also known as 1100
/Theresa Drive, Mattituck, NY;
County Parcel ID
1000-115-13-15. Zone District:
R-40 Residential.
The Board of Appeals will
at said time and place hear any
and all persons or represen-
tatives desiring to be heard in
the above matters. Written
comments may also be sub-
mitted prior to the conclusion
of the subject hearing. Each
hearing will not start before
the times designated above. If
you wish to review the files or
need to request more informa-
tion, please call 765-1809 or
visit.our office.
Dated: March 15, 1994
for a variance based upon the , L~ BY ORDER OF THE
Building Inspector's March 2, ~ ' '--' SOUTHOLD TOWN
1994 Notice of Disapproval BOARD OF APPEAL~
concerning a building pecmit
application to relocate a dwell-
ing structure within 100 feet of
the L.I. Sound bluff; ref. Ar-
ticle XXIII, Section
100-239.4A-1 of the Zoning
GERARD P. GOEHRINGER
CHAIRMAI'
By: Linda Kowalsk
1X-3/17/94(16'