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HomeMy WebLinkAbout4240APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appl. No. 42~10. Upon Application of JOHN CROKOS~ This is a request for a Variance to the Zoning Ordinance, under Article XXlX, Section 100-239.~A based upon the May ~. 19cJ~ Notice of Disapproval. from the Building Inspector for permission to locate swin~,ingpool with fence enclosure within 100 feet of the bluff along the Long Island Sound. This property was the subject of prior Appeals under Apph No. ~20~ as rendered 12/8/93 and Appl. No. ~1~0 as rendered 2/23/93. The subject premises is improved with a single-family dwelling and contains an area of approximately qO.000 sq. ft. (total lot area). Location of Property: 2110 Grand View Drive. Orient. NY; Lot No. 7 on the Map of Grand View Estate; County Tax Map Parcel No. 1000-1~-2-3.11. WHEREAS. a public hearing was held on June 8. 199q 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 cancerning this .appli~eLion; 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. AREA VARIANCE. This variance application was filed an May ~,. 199~. and is request to further vary the previous actions of this Board concerning the location of an inground swimming pool and related structures, as rendered: February 23. 1993 under Appl. No. ql~O and (b) December 8. 1993 under Appl. No. ~20~. 2. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this new Appeal Application is based is dated May q. 199~. 3. CODE REQUIREMENT. Article XXlll, Section 100-239.qA of the Zoning Code requires all buildings and structures located on lots Page 2 - ~ppl. No. q2~O Matter of JOHN CROKOS Decision Rendered June 13. 199~ upon which there exists a bluff or bank landward of the shore or beach shall be sat back not I~; than one hundred (100) feet fram the top of such bluff or bank. ~. PROPERTY DATA. The pramises in question is situated north of Grand View Drive in Orient and is shown as Lot ~7 on the Major 5ubdivisio~ Map of Grand Vie~ Estates and contains a total lot area of ~2,13~ sq. ft. The subject premises was vacant up to about July 1993, at which time construction was commenced for the existing two-story, single-family dwelling {near complstioea). Property and building details are more particularly shown on the April 28. 199~ site plon map prepared by KeUer-Sanclgre~ Aseacialms and noted as follows: a) the parcel has a frontage (lot width) of 160.0 feet along Grandvie~ Drive, 152+- ft. width at the dwelling setback line, and 138.S0+- feet in width along the top of the bluff area; b) the depth of the parcel from the front line to the top of the bluff is a distance of 202+- feet; c} the deepest portion (west end) of the foundatio~ is 69+- feet; the center depth of the foundation decreases to 30 feet; the east end of the foundation has a depth of q3+- feet; d) due to the angle of the dwelling foundation and the variations in the dimensions of the foundation, setbacks vary considerably: 89+- ft. setback at the easterly end of the existing dwelling foundation batween the front property line along Grand~vie~ Drive. 17+- feet from the easterly side property line. 32+ feet from the westerly side property line. and 96 feet fram the top of the bluff along Long Island Sound at its closest point; setbacks at tho westerly end of this foundation are sho~n to be SO feet from the front property line; e) the open laod, area batween the foundation of the house under construction at the top of the bluff varies fram 113.5+- to 109+- feet to 96 feet at the deepest measure~sents {and 100+- feet at the center point of the proposed pool Io~aiion). 5. PROPOSED VARIANCE. The north-south, or depth, measurement of the proposed pool. at its greatest distance, is 2~ feet and when located as proposed 18 feet from the foundation of the house and on an angle against tho bluff line, the setback left is 66 feet. The amount of relief requested in relation to the 100 ft. setback requirement is 3& feet. or 3~ of the requirement for the location of a proposed inground pool structure. 6. HISTORY OF EXISTING CONSTRUCTION. On June 23, 1993. Building Permit No. 21e,9~ for the construction of a 103+- ft. wide by 60+- ft. deep dwelling) with variations due to the Page 3 -- /~ppl. No. ~,2~0 Matter of JOHN CROKOS Decision Rendered June 13, 199~ architecture, layout, and design of the building, entranceways. landscaping, and extensions, all. more particularly shown on the April 28. 199~ site plan map submitted with this appli~a[;on. substantially-sized dwellin~ was issued. {No. 21~9e,). for a garage. decks and raised platforms extending from elevated landscaping retaining walls. A second survey sho~ing the founclotien, as constructed, is dated October 8. 1993 and shows the concrete foundation of the dwelling angled to take full advantage of the waterviews of the Long Island Sound. 7. PRIOR APPEALS. Under two previous appli~ens, applicant requested reductions to 62 feet from the top of, the bluff, which were both denied. Alternative, relie~, however, was approved on these applications allowing reductions to 7S feet, and later to 70 feet, from the bluff to the proposed pool, at its closest points. (Ref.: Appeal No. ~lqO and Appeal No. ~20~. ) There has literally been no change in the circumstances from the previous appeals; (Ref. November 10, 1993 - Map S-2 prepared by Kelier-Sandgren Associates}. 8. CURRENT APPEAL. Requested in this third variance application is a reduction to 66 feet at its closest point for the proposed inground swirnmingpool. The fence enclosure is not shown on the site plan maps and will be subject to review by the Building Inspector and compliance with all codes at the time of making application for the building permit for the fence enclosure. 9. SITE INSPECTION(S). [a) Inspection of the site revealed that most of the bluff face is stabilized by shrubs. From the street, the lot elevation rises several feet and flattens out over most of the land. 25 to 26 feet above mea sea level. There is presently a slight berm across the bluff top edge; the existing grade is away from the bluff fa~e. The bluff areas must be protected, and ragrading and new landscaped areas must be done to keep surface wate~ runoff directed away from the bluff face. A continued Iow berm at the top edge would help to ensure no over-bank runoff. Also, measures will need to be taken to either truck the pool water off site, or properly install drywell drains as far as possible from the coastal zone erosion hazard line in effect for this area. (bi Research of town records shows that there are at least four lots, starting with the lot immediately adjoining this parcel, to the east which are vacant; also, there are other structures situated on two lots approximately 200 feet, and more, to the west of the subject parcel which have nonconforming setbacks from the bluff and which were granted a conditional variance in 1985 and 1986 {ref. Lot 3.8 {Hungerford) at 80-85~ feet; Lot 3.9 {formerly Betancaurt) at 50+- feet; further east of these vasant lots are two parcels which contain structures with reduced setbacks, ref. Lot 5 (Montacelli) for construction at 80+- feet from the top of~ the bank and Lot 2q Cipitelli Bros.; Page tt - ~ppl. No. q2qO Matter of JOHN CROKOS Decision Rendered June 13. 199q. {c) It is persona~ knowledge, and through town records. that this bluff area is subject to erosion, and in the p~st the bluff areas in this vicinity have been damaged. Erosion of this nature has lead to the ena~ueent of the Coastal Zone Managesmnt Law ICh. 37) of the Town mandated by the State and Federal Government for properties fronting along the Long Island Sound. 10. EFFECTS OF RELIEF REQUESTED. It is the position of the Board that: (a) the extensiveness of elevated landscaping, with structural barriers, together with the location, size. architecture. and general layout of the ne~ly constructed dwellinej, expllcitly create the difficulties in this application for the proposal of an inground pool of this size and configura[ion, to wit: 2# ft. by 38 ft. at its widest points; (b) the setback at 66 feet is substantial in relation to the requirements, that is. 3~ percent of the requirement; (c) the grant of the entire relief will alter the essential character of the neighborftood since many of the parcels are vacant and other properties have greater setbacks than that proposed by this appli~=iaon since the character of the neighborhood is with setbacks at 80 to 90 feet from the top of the bluff; {d) it is personal knowledge, and through town records. that this bluff area is subject to erosion, and in the past the bluff areas in this vicinity have been damaged - leading to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town. as mandated by the State and Federal Government for properties fronting along the Long Island Sound. (e) there is usable land area available as noted herein between the foundation of the house and the bluff for a distance of approximataly 100 feet: (f) the difficulties claimed are self-created due to the size of the dwelling and landscaping barriers, the tilted angles quite different from the blm~f and/or road lines, the fact that the applicants.owners built the dwelling at its present Io~aLion within the last 11 months and were aware of the code requirement to locate structures and buildings at. least 100 feet from the top of the bluff; (g) there are alternatives for appellonts to pursue, such as constructing a smaller pool, reducing landscaping barriers, or to locate a similar recreational structure (lap pool, spa, etc.) closer than the present 18 feet distance to the actual dwelling; Page 5 - Appl. No. q2~0 Matter of JOHN CROKOS Decision Rendered June 13. 199q (h) the difficulties claim are persona~ in nature to the landowner rather than due to the uniqueness of, the, land since the owner will not be deprived of reasonable use of a swimmingpool north of the house, when relocated to conform with the prior appeal conditions; (i) the relief, as requested, will in tur~ have an adverse effect or impact on the physical and environmental conditions in the neighborhood and district - particularly in light of the numerous store activity and erosion aleng the Long Island Sound bluff areas (which storms are not predictable either as to number of occurrences or the noturo of its strengths) and which have in the past been severe causing damage aleng and near many bank and bluff areas in the Town of Southold, · (j) the grant of a previous.variam:e 200 feet or more frem the subject premises approximste[y-nine (9) years ago does not preclude a denial~ of the variance requeste~ in the subject application in light of the erosion along the bluff areas, the frequency of severe storms, results of st;orm act±vities, etc.; (k) in view of all the above, the intee~st~ of justice will be served by denying the relief, as requested, in. its entirety. Accordingly. on motion by Member Dinizlo. seconded by Member Wilton. it was RESOLVED. to DENY the relief requested in this application in its entirety, for the reasons noted above, Vote of the Board: Ayes: Messrs. Oinizio. Wilton. and Goehringer. (Members Doyon and Villa were absent.) This resolution was duly adopted. GERARD' P. GI:~EHR~NGER /' CHAIRMAN. BOARD OF APPEALS RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ~/~'~ HOUR //. D? _ - Town Clerk, Town of Southold 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 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 and the Code of the Town of Southold, hearings will be held by the SOUTHOLD to Section 267 of the Town Law that the following public TOWN BOARD OF APPEALS~ at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY~ dUNE 8~ 1994~ commencing at thetimes specified below: 1. 7:30 p.m. Appl. No. 4235 - KlM FALLON and CYNTHIA SUTRYK. (Hearing Continued from May 4, 1994) This is a request for a variance based upon the April 4, 1994 Notice of Disapproval from the Building Inspector to locate accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel 1OOO-94-2-5. 2. 7:35 p.m. Appl. No. 4234 - ALEX AND MARION WIPF. (Hearing Continued from May 4, 1994). This is a request for a variance under Article Ill, Section 100-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1000-103-13-7. Page 2 - Notice of Hearinc~ Southold Town Board of Appeals Regular Meeting of June 8. 199u, 3. 7:40 p.m. Appl. No. 4246 LKC CORP. and JASTA~ INC. This is a request for a Special Exception for permission to establish a drinking establishing use as listed under Article XI, Section 1OO-101B in an existing principal building. The subject premises is nonconforming with a lot area of approximately one-half acre and 115+- ft. frontage along the north side, of the Main Road and is located in the B-General Business Zone District. Property Address: 6955 Main Road, Laurel, NY; County Tax Map No. 1OOO-122-6-36. 4. 7:50 p.m. App]. No. 4245 - GEORGE AND SUSAN TSAVARIS. This is a request for a variance under Article XXIII, Section 100-239.4A for permission to locate swimmingpool with fence enclosure within 100 feet of the bluff of the Long Island Sound. Location of Property: 2170 The Strand, Lot 111 at Pebble Beach Farms~ East Marion, NY; Parcel ID No. 1OOO-30-2-53. 5. 7:55 p.m. Appl. No. 4244SE - DEPOT ENTERPRISES~ INC. This is a request for a Special Exception, as amended, to include approval for the location and use of a proposed addition-to the existing principal building located at 320 Depot Lane, Cutchogue, New York. The proposed addition is an expansion of the existing and is located in the Residential-Office Property ID No. 1000-102-2-12.1. recreational membership club (RO) Zone District. Page 3 - Notice of Hearin Southold Town Board.of Appeals Regular Meeting of June 8, 199~, 6. 8:05 p.m. Appl. No. 4249 SANFORD AND SUE HANAUER. This is a request for a Special Exception to establish and operate a Bed and Breakfast in accordance with the provisions of the zoning code at Article Ill, Section 100-31B(15), with owner-occupancy, and as an accessory to the existing principal residence. Eocation of Property: 4105 Soundview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-94-3-part of 1.7, also known and. referred.to as Lot No 2 on the Subdivision Map of Robert and Jean Eenzer. 7. 8:10 p.m. Appl. No. 4240 - JOHNCROKOS. This is a request for a variance under Article XXIX, Section 100-239.4A based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for permission to locate swimmingpool with fence enclosure within 100 feet of the bluff along the Long Island Sound. This property was the subject of prior Appeals under Appl. No. 4204 as rendered'12/8/93 and Appl. No. 4140 as rendered 2/23/93. The subject premises is improved with a single-family dwelling and contains an area of approximately 40,000 sq. ft. (total Drive, Orient, Tax Map Parcel lot area). Location of Property: 2110 Grand View NY; Lot No. 7 on the Map of Grand View Estates; County No. 1OOO-14-2-3.11. 8. 8:15 p.m. Appl. No. 4241 RICHARD LAN'. This is a request for a variance under Article ILIA, Section 100-3OA.4 (ref. Article Ill, Section 1OO-33) based upon the May 4, 1994 Notice of Disapproval from the Building Inspector in a building permit application to construct Page 4 - Notice of Hearin Southold Town Board of Appeals Regular Meeting of June 8, 1994 pool and deck in the front yard area, as an accessory use. Location of Property: 230 Bridge Lane, Cutchogue, NY; County Tax Nap Parcel No. 1000-111-15-1.4 and 1.5 (Tax Map Parcel No. 1.4 totals 2.478 acres and Parcel No. 1.5 totals 1.088 acres). The subject premises is located in an R-40 Low-Density Residential Zone District. 9. 8:20 p.m. Appl. No. 4243 - MOORE'S LANE HOLDING CORP. This is a request for a variance under Article V Section 100-53B, Section 100-31C (ref. Section 100-33), and Section 100-231, based upon the May 4, 1994 Notice of Disapproval from the Buildin9 Inspector for permission to locate accessory uses (tennis court, swimmingpool and pool clubhouse) in an area other than the required rear yard, and with tennis-court fencing at a height of more than four feet when located in a front yard area. Location of Property: 475 Cedarfields Drive, Greenport, NY; County Tax Map Parcel No. 1OOO-40-5-1.42. The subject premises is located in the Hamlet-Density Zone District. 10. & 11. Property: Parcel No. lot area in this R-40 8:25 p.m. TONY AND MARIA KOSTOULAS. Location of 1035 Aquaview Avenue, East Marion, NY; County Tax Map 1000-21-2-13. This property is nonconforming as to total Zone District. App]. No. 4098 - (Continued Hearing) This is a request for a variance under Article XXlII, Section 100-239.4 for approval of a deck extension located within 1OO feet of the bluff of the Long Page 5 - Notice of Hearin Southold,Town Board of Appeals RecjularMeeting of June 8. 1994 Island Sound; Appl. No. 4248 - This is a request for variance under Article IliA, Section 100-30A,3 for approval of a deck addition with insufficient side yard setbacks. 12. 8:35 p.m. Appl. 4247 - HUGH T. and CAROL L. C0NROY. This is a request for a Special Exception to establish an Accessory Apartment in conjunction with the owner's occupancy within existing residence as authorized under Article III, Section 1OO-30A,2B and Section 100-31B(14) of Gin Lane, Subdivision Office as Nap 2910; 1000-88-3-6. of the Zoning Code. Location of Property: Westerly side Southold, NY; also referred to as Lot #2 on the Nap of Bay Haven filea in the Suffo]k County Clerk's further identified on the County Tax Naps.as 13. 8:55 p.m. App1. This is a request for based upon the Nay 2, Inspector for approval No. 4239 - MARGARET BEST and ADYLYN SYVERSON. a variance under Article IliA, Section 1OO-3OA.1 ]994 Notice of Disapproval by the Building of the proposed insufficient lot area and insufficient lot width of proposed Parcels #1 and #2. Location of Property: Private Road #17 extending off the easterly side of Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-6-17 The subject premises contains a total lot area of approximately 1.2 · Pag~ 6- Notice of HearinO Southold Town Board of Appeals Regular Meeting of June 8, 1994 acre(s) in total area and is located in the R-40 Low-Density Residential Zone District. The Board of Appeals will at said time and place hear any and 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 review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: May 23, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . f-z~-, ..~Z~..~~..~.. ........ PLEASE TAKE NOTICE that your app~cation dated .................... ~ation of Property ~. ~~ ~ · Street ...... County Wax Map No. 1000 Section .. ~. ....... Block ..... ~ ...... ~t .... ~; ~ .... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g grounds . ~ , .~~~/' . .<~.. ~.:.~. ~ ~.< ~.~...~.~~'. ..... ~~ ...... . ......... ..... ..... RV 1/80 Foam NO. 1 TOwN OF $oUTHOLD BUILDING DEPARTMENT TOWN HALL T E L.;_YCLS..] B 0~2. BOtKD 0~" HEALTH , 3 ~ETS OF PLAI~S ......... SURVEY .', .................. CIIrCK . t;OT i py; -- -C_AL_t, ...... ._.._ Po. st-It" brand lax transmittal memo 767] (l]utlding Inspector) APPLICATION FOR BUILDING PERI,lIT INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink -:,nd submitted to the Building Ii=peer. ar, gets of plau~, -"¢c,2rat¢ plot plan to scale. F:uu ;~c¢ord'ing Io schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjommg premises or public stre,. Dr 3teaS, and ,,· ' ~, ' ' ' otVm= a detailed description of l~yout of property must he drawn on the ding=am which is part of th. is apl: :alton. . ' e. The work covered by t~s application may not be commenced before issuance of Building Permit. mi. Upon approval of this a ' ' Pphcatlon, the Buildin=- inspector will issued a Building Pemlit to the 3ppiica..~t' Such ;hall be kept on the prentises -"vailable for inspection throu-_hout the Work. ¢. No building shall be occupied or used in whole or ]n part for apy purpose whatever until a Certificate of Occ-p=n.' ;hall have been granted by the Building Inspector. A,PPLICAT]O ,N. IS HEREBY' MADE' to the Buildin · luildmg Zone Ordinance of thc Tow . ~ Dep:U'~mcnt for/he issuance o£ a Buildin p · , . , n of So~thold. Suffolk County ~.,.. v..,. .... g ¢rrn,[ pu.r~uant to t. -~ ..... ,~,~., ..nu other applicable l.aw~. Ordiaances ~e.ulations, for the construction of buiidags, ad. ditions or alterations, or for {;emovai or f. cmoJition, as h~.rein describe~ =i~ applic:lnt ngr¢¢s tO comply with all applicable laws, ordin3nccs, building code, housin., code, and regulations, and dmit ~uthonzed inspector~ On prernL~ei and in building for necessary inspecti~ ........ r~~; · (S,gnatu iisiaumg aoczress o f applicant) tale whe'ther npp kant is owner, less,'e, ngent, architect, ~ngineer, general contractor, electrician, plumber or builder ....... J~-~l, cc.; ....... · -.. ...... T!..'.T. :meoro,,nerofpremises ... I,,dra, ~, tvl~tz~L...~o.hl ( ~PPli t i as on the tax roll or latest deed) c~n s a corporation, Signature ol'duly authorized officer. ...... W..4~ ... (Name ~nd title o£corporatc officer) ' · Ruildtr'S License No ................ Plumber's Litens~ No ' Electrician's License No ....................... Olhcr Trade's Liccn:e No ' Location of land on which proposed work will bu done: ........ 'Silo ~.~.~.,~ ..,v~. ©~,~,~ ~P.~. .~.~.. llouse Number .............. ' ...... ~ . .I. ......... ~T. Street. ' * Hamlet ................ County Tax M'~p No. 1000 Secdon .... {.4. . ' .......... Block ~-~ . .~.~..'[~.T.~-~. .................. ,ut...~.: ii .' ~ubdivi$ion i:2 'V'{ 6- ' · ..... ..... .... · ...... w .......... ~,~,, ~,ap No. ~).~..~. ;tale existing (N:m'c) ' · ..... Lot ........... use and occup.',ncy of premises .... and intended time =ne: - -'Paney 0{' proposed constrtlCtion.- &. Ex£scing use and occupancy. ~. '~' ' ~o Intended use and qccupancy.'. .......................................· ........... [K,V iO '93 10:20 TONH OFj~LJTHOLD ~.Z,'~ N3[urc of work (check which ~plic~blc): N~w ~mldln~ .......... ~dditlcn ........... ~cr~on ...... ' T~nn~s Co~r~ ... .., ..- .... E~iJm~tcdCo~t. ~ . .. ' '' ' ([~ bc ~3id on ~{{n~ this If dwelling. . number of dwcl{ina vails ............... Number oF dwc{lin~ unil~ on cuch ~oor .............. IF ~r~c, number oF cliPS ...; ................................... {fhusmuz:,commcrci~ ~-- .... ,~ ' .............. ' .......... SizcHCizi~tofict:' ' ~Fiont ........ Number of StoNes .... ~ .. ..... ; .... ',~ ......: ' . .................................. ............ I c== .... .... . Date of Put(sase .......... v .......... ' ~ .... , ....................... Name of Foyer Ow-er .................... . ~u.c ~ use atsiric[ l~ WIlt(J1 prC~Jia~ arc situated,.. [ ~0~.. . _ . , . .. . .... .. Docs proposed Constmation violate u~. -onin- '-'" - ~' ' .... ~ ..... ~' ................... . WUl tO[ O. regraaed ..[.~ ...... ,,,.,, _,,, -- - . - , *I~ yes~ Sou~hold To~n T~us~ee= P~rmiE may be r~quirad. PLOT DIAOI~M LO(ute (Icily ~d dlsi~ctly ~I buHd~s, whelhcr cxizting or proposed, ~d. indi~n~e ~l lui-bac~ ~km~:ior.~ :: openy ~nes. Give street ~d block number or dcsc~ption ~ccord~g to deed, ~d show sire=t n~c~ and ~dicalc w:::::, tenor or comer IoL FATE OF NEW.YORK, ou~Tv oF.. D.a..s.s.R .~ ..... s.s (Name of individual sJg~Jng ,ov~ na~cd. : is the ............. ~ 7; ..... ' ~ ~o{ ~ ....... (Coniraclor, agent, corporala officer, cie.) ..... saig owner or owtlcra. ~d is duly authorized to oerform or have perfo~cd ~lte ~aid work and to m~e and p{icai{oa: thai all.~talcmcnt~ c~alaitlcd in I{lii application 2t~ true to d,c b~st of hia knowledge and belief; anO that ~tk will be perforated in Ilia m~ncr ici forth in Ih( application filed tllcrcwHh. 'o~ [o bcl'Ore mc [Jli~ RECE/I MAY 4 1994 Southold Town Clerk TOWN OF SOUTHOLD, NL%V YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 4/ ~. ~/(~ TO THE ZONING BOARD,OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, (wel ........... a, ......a. .......... Name of Appellant Street and NumDer .................. "~" '~"}'~'s~"/~;'~;;'i'~i;~.' ................... ' .................... "~";"~;State ............ HEREBY APPEAL THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..............................................~ ....... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipati~ ' Stat~ (~)PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ~treet /Ha~leL / Use District on Zoning District 1000 Section ~ Block ~ Lot~.(J. _ ~ap 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 Ioo- Z~q.. -4 ~ O) (A~eN~e~ To lo'y m~o;q~) 3. 1WPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~/~' A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap, 62 Cons, Loews Art. ]6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeol~_.~ (has not) been made with respect to this decision Of the Building Inspector or with respect to this property. · S~ch oppeat was ( ) request for a special permit {~x') request for a variance REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~/~ A Variance to the Zoning Ordinance ( )' is requested for the reason that Form ZB1 (Continue on other side) REASON FO~ APPEAL Continu~ 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because vicinity of this property and in this use district because The hardship created is UNIQUE and is not shored by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTSR OF THE 'DI'~ 1 KIC-F because STATE OF NEW YORK ) ~~ ~u/ COUNTY OF. re. 'Sworn to this : day of · '~Pubhc ' .......... ..... 50 - NaSsau C~nty ,, . ,*~:,. hA /,~ ,~ TOWN OF SOUTHOLD PROPERTY RECORD CARD ~c~c~-14.-~ o.~, I1 ' OWNER ........ STREET c~//O VILLAGE DIST. SUB. LOT ~"~ "( FORMER OWNER N ' - E - - ACR. ~ S W TYFE OF BUILDING RES. ~1 O SEAS. VL. ~ FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS Tillable A~ . r W~la~ , ~ ~'~ ~ ~', FRONTAGE ON ROAD ~ ~ ~ ~ DEPTH H.~ PI~: ~ BULKH~D l~Idg. ~tension ztension ,3rch reezewa~ ~arage B. Foundation Ext. Walls Fire Place Bath Floors Interior Finish Heat Pool Attic Patio Rooms 1st Floor Driveway Rooms 2nd Floor ~-Iz(-,~-.~. ~1 '~O]~VN OF SOUTHOLD PROPERTY RECORD CARD oWNE~ ' '~ STREET c~//O VILLAGE SUB. LOT ~ ' ' FOR~ER OWNER N E ACR. S W TYPE OF BUILDING RES. LAND Tillable Woodland House Plot Total SEAS. IMP. VL. TOTAL FARM DATE / J COMM. CB. MICS. REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD Mkt. Value IV OCT $ I~ S.C. DEPT. OF HEALTH SERVICES SUFFOLK CO. HEALTH DEPT. H. S, NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE SYSTEMS FOR THIS RESIOEN CONFORM TO THE STANDARD~ SUFFOLK CO. DEPT, OF HEALTH [S~ ~ [t'Jo~ APPLICANT SUFFOLK COUNTY DEPT. OF SERVICES - FOR AFPRO)l CONSTRUCTION ONLY H. S. REF. NO,. APPROVED: SUFFOLK CO. TAX MAP DESIGN; mST . SECT BLOCK loom · t~t ,~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. .lames Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OFSOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Sour. hold, New York 11971 Fax (516) 765 1823 Telephone (516) 765-1809 MEMORANDUM TO: Building Department Attn: John Boufis, Inspector FROM: DATE: ZBA ) Dece~nber-21 ,' 1994 SUBJECT: Your Inquiry - December 21, 1994 Application for Permit Crokus Modifications for Buildhig as per Survey dated December 12, 1994 In reviewing the December 12, 1994 survey referred by your office today, it is noted when using the scale provided by tile surveyor that the swimming pool does not meet the 70 ft. setback requirement required by the ZBA determination at the easterly section of the pool. Also, the survey should include those areas where any patio structures or decks were added within the distance 70 feet from the top of the bluff, as well as retaining walls for laudscaping, or if it is natural lawn area. ,~C(.~/¢: ..5-0'= I°' IJage 59 -Hearing Transcript Regular Meeting - June 8, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Anybody like to raise their hands? Thank you. OK. again thanking everybody for their courtesy and for the spokespersons that did speak and for the Hanauers; Yes, SANFORD HANAUER:I want to clear one item, When the Smith's enter The right-of-way to the property they immediately turn to the left to go down their driveway which is exactly about 20 feet so their not really going over to the rest of the driveway, MR, CHAIRMAN: OK, Thank you. Again, hearing no further comment I'll make a motion closing the hearing reserving decision until later, MEMBER DINIZIO: Second, MR. CHAIRMAN: All in fa~'or? MEMBERS: Aye. 9:08 P.M. MR. CHAIRMAN: Appl. No. 42u,0 - JOHN-~G~4(OS. This is a request for a variance under Article XXlX, Section 100-239.~A based upon the May ~, 1994 Notice of Disapproval from the Building Inspector for permission to locate swimming pool with fence enclosure within 100 feet of the bluff along the Long Island Sound. This property was the subject of prior Appeals under Appl. No. 420u, as rendered 12/8/93 and Appl. No. q140 as rendered 2/23/93. The subject premises is improved with a single family dwelling and contains an area of approximately u~0,000 sq. ft. Location of Property: 2110 Crand View Drive, Orient, N.Y., Lot No. 7 on the Map of Grand View Estates; Page 60 -Hearing Transcript Regular Meeting - June 8, 1994 Southold Town Board of Appeals County Tax Map Parcel No. 1000-1~-2-3.11. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I have a copy of the original home site plan which is or was produced by Keller-SandgrenAssoclates, most recent date is April 28, 1991~. This too is an extremely spectacular house in the Orient area. The nature of this application is a setback from the bluff at approximately 66 feet for a proposed swimming pool. Mr. Sandgren, how are you tonight, sir? JOHN SANDCREN: Good evening, Mr. Chairman, Members of the Board. For the record I am John Sandgren representing Keller- SandgrenArchitects and before you this evening to appeal to the Board for what we now modified several times is a swimming pool location for John Crokos and his family. We modified means that we had been somewhat closer to the bluff in prior applications that being approximately 5L~ feet from the bluff and through recommen- dations of your Board, we have reduced the width of the pool as well as moved it closer to the home - thereby making the closest points of a jogged pool, not a straight edged pool, but a jogged pool of 66 feet; the greater majority of the pool falling behind the 70 foot approved variance line that we've had in past hearings. Just for the Board's edification, the home has been pulled rather than pull it to the 70 foot line which we were allowed to do we pulled it as tight to the road that the code would allow to leave as much room to the bluff as possible. That has been done, and we are appealing to the Board that, that we are now as close we believe to the home as we can be Page 61 -Hearing Transcript Regular Meeting - June 8, 199~, Southold Town Board of Appeals with drainage problems from rain runoff and so forth. MR. CHAIRMAN: Is that from the house your referring to? JOHN SANDCREN: That's correct. All of roof runoff has been channeled to drywells and so forth, but we're just worried about ground runoff collecting between the pool and the home. That's basically what I had to say. With me this evening of course is Mr. Crokos and Mr. Richard Runge, who is the Landscape Architect involved with our office, if anyone has any specific questions. MR. CHAIRMAN: Again, the decking area is at ground level? JOHN SANDCREN: Yes, that's correct, yes. MR. CHAIRMAN: So that's exclusive of the setback? JOHN SANDGREN: That's right. I would point out at this time that Mr. Crokos plans only, you may be looking at a terrace llne of about 5 feet closer to the bluff, but he plans to really just put a walkway along the bluff side of the pool. More like three feet or so, just to be able to clean the pool and so forth; and we feel that this is as small a pool as we could recommend to the Crokoses based on the scale of the home. more like a glorified really our appeal. MR. CHAIRMAN: this nice gentlemen? the southerly edge of the pool before we get into some severe I'll ask if there's any questions of the Board of That smaller than this it would like to feel hot tub, I guess you might say, and that's 'Page 62 -Hearing Transcript Regular Meeting - June 8, 199[[ Southold Town Board of Appeals MEMBER WILTON: Is there a reason why on the western side of the pool the jog that goes nearest to the Sound couldn't be jogged towards the house, giving you more distance to the Sound? JOHN SANDCREN: Right, that's was actually analyzed by the office. Right now that dimension of the pool is 21 feet with the jog in place. If we were to, I believe, if what I understand is straighten that out and just make it back more to the line the pool becomes about 15, not even 16 feet, at that point; and we felt that the proportion of 16 x 36 it just didn't feel quite right. This by the way, this area of the pool is the shallow end and we're concerned that this should be an area for the family to congregate with their children and they shouldn't feel as though they don't have any room to do so, so that really is the reason why the pool is that shape. Once again, the points of the pool are what extend past the 70 feet. 80% or more of the pool is behind the 70 foot line, and once again, the pool is entirely behind the coastal hazard line of more than ~0 feet. MEMBER WILTON: In your design have you considered a free-form pool ? JOHN SANDGREN: We have looked into that. The only problem is the arcs just tend- in just drawing over this plan an arc has a tendency if it wants to feel gentle and the proper, natural curve to take up more space than the jogs do, and that was our experience in just looking at the pool design. Also, the angular nature of the home Page 63 -Hearing Transcript Regular Meeting - June 8, 19911 Southold Town Board of Appeals seems to keep it being in keeping with an angular pool, so that was the reason for that. MR. CHAIRMAN: Mr. Sandgren what is the actual size of that jog? In other words what would be the widest point of the pool? BOARD SECRETARY KOWALSKI: North bound. JOHN SANDGREN: I don't quite understand you. MR. CHAIRMAN: Well, assuming that the jog was placed back in, in other words ---. JOHN SANDCREN: If that were straightened out as a longer line? MR. CHAIRMAN: Is that 3 feet or is it 2 feet? JOHN SANDGREN: No, The jog is about 1~-1/2 feet. MR. CHAIRMAN: ~-1/2 feet. JOHN SANDCREN: Yeah, if it was straightened out we would be talking I guess about 16-1/2 feet. MR. CHAIRMAN: So then we could say that the widest portion of the pool, I didn't mean to cut you off, is about 25-1/2 feet then. Assuming if we ran that line from where you had the 70, 66 foot arrow right across to the house, perpendicular to the house we would say that it's about 25-1/2 feet? JOHN SANDCREN: The actual width of the pool? MR. CHAIRMAN: Yes. JOHN SANDCREN: At its widest point? MR. CHAIRMAN: About 25 feet? JOHN SANDGREN: 2~,, I would say. Yes. MR. CHAIRMAN: 2~,, all right. Page 6u~ -Hearing Transcript Regular Meeting - June 8, 199t[ Southold Town Board of Appeals JOHN SANDGREN: That's correct. We also have with us by the way this evening Mr. Runge and his organization are doing a wonderful job in landscaping the property, and we feel confident that anything we're doing here is not more if anything but enhancing the area. MR. CHAIRMAN: Do you realize that if the Board was to grant this variance, I would not be permitted to walk on this property again and have coffee on a Sunday morning and watch the sun rise. (Jokingly). MEMBER VILLA: Well, my concerns are several, and one is that this is the third application. It's almost, it's the same as you know School Board Budgets. When you vote them down how many times can they come back? When the first application came in, we knew that this was going to be in the future, and we put requirements in there or made it part of our condition that there be a 75 foot buffer zone in the back which we hoped that the applicant would then build the proper size home in everything else he wants. foot ruling and the Board, a right spot that he could accommodate We had a second application from the 75 in its wisdom reduced it down to 70 feet. Now, welre back to 66 feet. Where we going to go? How many times can you come back? JOHN SANDCREN: Well, in all good conscience and working with the Crokoses on this project, we felt that we had to offer them what we felt was the most appropriate pool for their home, and again I don't think we're talking about an Olympic size pool here. This is a very modest pool I would think for this purpose and I would say at this Page 65 -Hearing Transcript Regular Meeting - June 8, 199u~ Southold Town Board of Appeals point that very wide property. as far as because we have the held the home and again, it's not it's a cross section dimension, front to back of the We are at the 50 foot setback line at the street. I mean the garage corner is concerned, we are there. We had talked to this Board about rotating the house originally which we did slightly to afford more room in the back; and we feel that we are not impacting the area any worse. Again, the 75 foot line asyou point out, Mr. Villa, is, that is true - however, very little of this pool proceeds beyond that point and again far behind the hazard line which I think is the most primitive. MEMBER VILLA: Yeah, but that was, the 70 foot was the second, the second variance that was granted, and now we're back to 66. I just wonder how many times the Board can sit here and entertain something that's all. JOHN SANDGREN: May I read a letter. I'm just curious if this has any impact whatsoever. This is addressed to my office from the Board of Trustees in which they did state, "...Dear Mr. Sandgren: The above reference proposal for a pool was reviewed and have found to be out of the Trustees' jurisdiction as a pool is beyond the 75 feet from the water and is also behind the coastal erosion hazard line .... " I don~t want to open that up but there is an organization in the Town of Southold that did deal that again, it wasn't to their dislike to the point where they would want to get involved, and I would also llke to point out that we are not a precedent setter here. There are two other homes within two parcels Page 66 -Hearing Transcript Regular Meeting - June 8, 1994 Southold Town Board of Appeals of this home that fall between 60 and 50 feet of the bluff llne. So, I don't believe that we were acting frivolously in coming back to the Board. We feel that this is the proper thing for this home, and we feel that we produced a nice home for the area. MR. CHAIRMAN: What is the CZM line is what about, a 25 to 30 feet, I guess? JOHN SANDCREN: If we will look at this I've had a scale left before me, we had 66 feet and about one inch at that llne is to the bluff and coastal erosion in the I~0 foot range, I would say from the coastal erosion. MR. CHAIRMAN: Creat, did you want the landscape architect to say something ? JOHN SANDCREN: Thank you. CHAIRMAN: You're welcome, thank you. How do you do Sir. Could you just state your name for the record? RICHARD RUNCE: My name is Richard Runge. In setting up this pool design with Keller-SandgrenAssociates, we tried to keep the pool as close to the house as possible. If you look at the drawing and put a straight line along the house you'll find that the pool is actually in line with the back of the house, especially the kitchen area, and where the pool, where the house starts to jog back to the road, it's approximately 10 feet from the house that's where the pool starts. There's very little, if any, other kind consideration to put any kind of pool there in that backyard as is set up right now and with the restrictions that, that have descended. The overall size of Page 67 -Hearing Transcript Regular Meeting - June 8, 199t[ Southold Town Board of Appeals the pool as indicated on the plans is approximately 38 feet by maybe about 21, maybe a little more ifyou take the jog back to the house at the other point and the design of the pool is, is worked so that it'll taper along the coastal line to go back away from, from the bluff as opposed to being in line with the house. The reason it is as far or as close to the house as it is indicated on the plan right now where it says that 10 foot is because, as John Sandgren had pointed out had mentioned, in consideration for natural rain water and drainage at that particular point - there are set of windows, Iow windows in the basement area which let in light for recreation down at that, that level and, of course, the water will fall into there regardless if there is a pool or not a pool. Considerations had to be taken into account which required a drywell which making it practically physically impossible to move the pool on top of that drywell. So you can't physically move it back there. As far as other considerations, as far as septic systems and whatever else is involved, those also take up a good portion of the backyard and they have to be considered with whatever kind of design that's worked out for a swimming pool or recreation area. That has all been figured in. The layout of the pool from all practical purposes of any kind, of any kind of pool at all would be considered would have to fall basically within that area. I think John had pointed out, John Sandgren had pointed out quite clearly that all the effort that has been made to try to keep it as far away from the water-llne and the coastal erosion hazard line and so forth as practically possible. Page 68 -Hearing Transcript Regular Meeting - June 8, 199t[ Southold Town Board of Appeals The way the situation is, the coverage, the foliage and everything else that's on there at that particular point, I can't foresee from my experience and horticulture that there would be any kind of consideration of damage that would be taken, that would have, that would be brought about by putting the pool in that particular location. I don~t know if there's any other questions that may come up as to, as to that. I know consideration for a pool would be is to have a shower of some size so that the family can get some use out of it, the children to play in. As you go down to the deeper end which is not going to be that deep because there's no diving board consideration in there at all. It narrows down to about 1~ feet which gets kind of pointy at that particular section and brings it back as close to the house as possible without interfering with any of the septic systems or drywells that are there in that particular area. The only reasons for the jogs that go back in there which are small, which is literally a small percentage of the overset on that particular line that's indicated on the plan by 66 feet, is just a very small percentage and if you would just kind of straighten that llne out from all practical purposes does not really change the mass or the overage it's just more or less for some kind design consideration because of the restriction that the pool had to be that close to the house. I mean if you made it straight it would look, I mean it would look really impractical. It would look lousy and it would not be that functional for the family use. If anyone have any Page 69 -Hearing Transcript Regular Meeting - June 8, 1994 Southold Town Board of Appeals questions in terms of that or any other suggestions for how a pool can be applied there that would be practical? MEMBER DINIZIO: I'd llke to ask a question. My assumption is that you knew where this pool was going to go before you built the house. RICHARD RUNGE: I didn't design the house or build the house but, I was consulted in terms of once, of once it was in place and try to work within the restraints of that. Speaking to John and his office, the house and the house layout was meant to be as close to the front as possible to, to provide as much property at the rear to take care of any of the family or any kind of family's considerations for life style or entertainment that they would want to take. MEMBER DINIZIO: Well, could you just tell me then what your opinion is of the reason for tilting the house that way. As I recall that piece of property is extremely flat for a piece of property on the Sound, and I can see the contours before me and I'm just wondering I~m trying to search for a reason for some type of hardship as to the reason why I should vote for a variance to a variance that we granted already in light of the fact that maybe one, maybe six inches of this house is on that 50 foot mark and I would say better than 50% could be moved up 20 feet? MR. RUNGE: Absolutely. I can answer that. MR. SANDGREN: I'll respond to that since it is our office who was responsible for the rotation. The initial surveys and thoughts of our office and our design was that in larger picture, if you were to analyze the views there to the south along here is a cove which is a, Page 70 -Hearing Transcript Regular Meeting - June 8, 199~ Southold Town Board of Appeals I guess the bite and then out to the lighthouse and the suggestion was a slight kick of the house would allow us to see a little more of the Sound, the open water, and still give us a panoramic view into the bite. And the house as I had pointed out before initially was rotated more to the north than it is now. In other words there was more of a space from the 50 foot line than we had, and it was rotated back towards the road slightly more than it already was, and we felt we were within the tolerance of the view angle if you will of the site line of the Sound because there are other structures on the adjoining properties, and you would also find that was the decision and why it was made. MEMBER DINIZIO: And this was done with the full knowledge that there was a 70 foot, well actually 75 foot. MR, CHAIRMAN: It was a 100. RICHARD RUNGE: Excuse me. In terms of addressing your question from a practical and it comes very good looking aesthetic aspects of it and they're very valid, but as you had pointed out the property is relatively flat in nature, but it's relatively flat once you get up the embankment that's in front of the property. In order to position the house from a landscape point of view and to take advantage of the flatness that you pointed out, it would necessitate the house to be moved back to a point where it is. I mean, in rotating it as it's laid out here and as you can see from the landscaping aspect, it has some kind of area for parking for guests and necessitate just that kind of rotation regardless as opposed to taking the whole house and Page 71 -Hearing Transcript Regular Meeting - June 8, 1994 Southold Town Board of Appeals just moving the whole house back an extra 20 feet or so regardless of the angle. I mean, that happens to be one particular consideration for that. The practicality as far as the grades are concerned in the back, they work out just fine. The house location would be moved back at that particular point like you said would not change anything. It just would make the pool closer to the water and that wouldn't help the situation, but to have any kind of parking consideration, any type of driveway approach to the front of the house or anything along that nature you can see in the plan where they have, where they provided a space for people to park so that they could enter the house that itself would necessitate a certain amount of distance back from there and the kick was the perfect way to handle it as opposed to just physically moving the whole house back. MEMBER DINIZIO: Thank you. MR. CHAIRMAN: Thank you. RICHARD RUNCE: Is there any other questions that anybody would care to ask? MR. CHAIRMAN: I will ask Mr. Sandgren. (New tape, starting point) You are not enclbsing this as a structure? JOHN SANDCREN: That's correct. MR. CHAIRMAN: Any other questions? Bob? Anybody? MEMBER WILTON: Do you have plans for lighting of the pool? JOHN SANDGREN: The only lights available which we will have is in the deep end of the pool and their facing from the house toward Page 72 -Hearing Transcript Regular Meeting - June 8, 199t[ Southold Town Board of Appeals outwards so there'll only be a glow there. It's only, not any external lighting. We've also verbally discussed this not only with the Village's requirement to notify the adjoining property owners but personally as well, and neither one has of course any, in any case. Thank you very much. MR. CHAIRMAN: Thank you. Is there anybody else that would llke to speak in favor of this application? Anybody like to speak against the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until later. MEMBER DINIZIO: Second. MR. CHAIRMAN: All in favor? MEMBERS: Aye. MR. CHAIRMAN: Thank you very much for coming in. JOHN SANDGREN: Will there be a decision possibly later for you to be ( MR. CHAIRMAN: Here's what's going to have to happen. We are going to have to have a second meeting to make decisions. We have this group of people here and have been waiting patiently for one application and I have no idea how long that this is going to occur. JOHN SANDGREN: Would a few days be enough time for me to call the office? BOARD SECRETARY KOWALSKI: Yes, call next week. DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. (~AFFNEY June 27, 1994 STEPHEN M. JONES, A.I.C.P. Applicant: John Crokos Mun. File No.: 4240 S.C.P.D. File No.: SD-94-14 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County 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: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Alternative relief appears warranted as previously set forth. Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main P~ad P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone ($16) 765-1800 Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Soutb~ld, New York, hereby refers the following to the Suffolk County Planning C~LuHssion: XX Variance from the Zoning Code, Article XXIX 100-239.4A , Section Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section __. Special Permit Appeal No: 4240 Applicant: John Crokoe [ocation of Affected Land: 2110 Grand View Dr., County Tax Map Item No.: lO00- 14-2-3.11 Within §00 feet of: Town or Village Boundary Line Comments: with fence Orient, NY 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 ~ned by ' the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Applicant is requesting permission to locate ewimmin§pool enclosur~ within 100' of bluff along t.I. Sound Copies of Town file and related documents enclosed for your review. Dated: June 21, 1994 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 20, 1994 Keller-Sandgren-Associates 10 Mineola Avenue Roslyn, NY 11577 Re: AppI. No. 4240 - John Crokos Gentlemen: We enclose-a copy of the findings and determination rendered by the Board recently, which was confirmed with you by telephone last week in the above matter. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Suffolk County Department of Planning Howard Pachman. Esq. (Fax Transmission 543-2271) ,,, I000 ~, o~qO0 ._ o~O0 CONSW. T YC~ ~r~(' ~ ~ m~ mSTmU~NT--TmS ,~ u~ sHo~ N U.D ~y ~m ' 10248 08 ~ ~D~ ~& ~. 29th ~y of ~cember , ~net~n hundr~ ~d eighty-six ~ WI~IAM THOM~ON~ 76 Shore ~ad, Plandome Heights, New York 11030~ party of tha first part, and JOHN C~0KOS and JOAR~CROKOS, 23 Cathedral Avenue, Garden City, New York ~t~...~ o par~y of the second part, ~l'llqF. J~.,l-lt, that the party of the first part, in consideration of TEN and no/lO0 ..... -($10.00) dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ~L~ that c~rtain plot, piece or parcel of land, with the buildings and improvemeuts thereon erected, situate, lying and being jglk~ at Orient in the Town o~ S_..q~.Qld,__Caunty o:f .SILf.~a.lk and State of NeW'YO/-~ ~l~'~ I~-~--on a certain map entitled, "Map of Grand View Estate - at Orient", and filed in the Suffolk County Clerk's Office on 6/8/82 as Map No. 7083, bounded and des- cribed as follow: BEGINNING at a point on tho northeasterly side of Grand View Drive, distant 801.79 feet northwesterly from the extreme northwesterly end of the curve which connects the northwesterly s~ e of the park and playground shown on said map with the northeasterly side of Grand View Drive, which said point in also the intersection of the division line between Lots 7 and 8 on said map and the northeasterly side of Grand View Drive: RUNNING THENCE northwesterly along the arc of the curve which forms the northeasterly side of Grand View Drive and which has as its rad- ius 1310.43 feet & distance of 160 feet; THENCE northerly 63 degrees 08 minutes 30 seconds East, 279.56 feet; THENCE southerly 26 degrees 12 minutes 50 seconds East~ 133.97 feet; THENCE southerly 58 degrees 11 minutes 50 seconds Westa 294.09 feet to the point or place of BEGINNING. Premises being conveyed are not subject to the lien of a pre-existin= credit line mortgage. ~ Z948 . RA.v~.0ND L. JACOBS SUPERINT--~%TD~NT OF HI G'A~'AYS 765-3140 OFFYC~ OF TEE TO~ OF SOUTEOLD J~S A. RIC~TV--R ~NGINE~R. LNG LNSPECTOR 765-3070 ?R.V& M~,Nf APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 20, 199~ Keller-Sandgren Associates 10 Mineola Avenue Roslyn, NY 11577 Re: AppI. No. u,2u,0 - John Crokos Gentlemen: We enclose.a copy of the findings and determination rendered by the Board recently, which was confirmed with you by telephone last week in the above matter. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building. Department Suffolk County Department of Planning ~'~ Howard Pachman. Esq. (Fax Transmission 5q3-2271)/.-~-- ................................................................................ TRANSMISSION RESULT REPORT .................... (JUN 20 '94 11:27AM) .................. TOWN HALL 516 765 1823 .................................................................................................................................................................................. (AUTO) ...................... DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. JUN 20 ll:23AM 5165432271 04'04" OK S 08 ~0 E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL ~)BATCH D) DETAIL $ ) TRANSFER F)FINE P)POLLIHG APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 AppI. No. ~2qO. Upon Appli,~tion of JOHN CROKOS; This is a request for a Variance to the Zoning Ordinance. under Article XXlX. Section 100-239.qA based upon the May q. 199~ Notice of Disapproval, from the Building Inspector for permission to locate swi..,,ingpool with fence enclosure within 100 feet of the bluff along the Long Island Sound. This property was the subject of prior Appeals. under Apph No. q20~ as rendered 12/8/93 and Apph No. ~1~0 as rendered 2/23/93. The subject premises is improved with a single-family dwelling and contains an area of. approximately ~0.000 sq. ft. (total lot area). Location of Property: 2110 Grand View Drive. Orient. NY; Lot No. 7 on the Map of Grand View Estates; County Tax Map Parcel No. 1000-1q-2-3.11. WHEREAS. a public hearing was held on June 8. 199o, at which time all persons, who desired to be heard were heard and their testimony recorded; and WHEREAS. the Board has carefully considered ali testimony and documentation submitted concerning this .application; WHEREAS. Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS. the Board made the following findings of fact: 1. AREA VARIANCE. This variance application was filed on May a,. 199~. and is request to further vary the previous actions-of this Board concerning the location of an inground swimming pool and related structures, as rendered: (a) February 23. 1993 under AppI. No. U, lqO and (b) December 8, 1993 under Appl. No. ~,20a,. 2. BASIS OF APPEAL. The Building Inspector's Notice of Disapproval upon which this .new Appeal Appli~[ion is based is dated May 4, 199~. 3. CODE REQUIREMENT. Article XXlll. Section 100-239.e,A of -the Zoning Code requires all buildings and structures Icon,ed on lots Pa~e 2 - Appl. No. Matter of JOHN CROKOS Decision Rendered June 13. 1994 upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. ~,. PROPERTY DATA. The premises in question is situated north of Grand View Drive in Orient and is shown as Lot #7 on the Major Subdivision Map of Grand View Estates and contains a total lot area of ~2,13~ sq. ft. The subject premises was vacant up to about July 1993. at which time construction was commenced for the existing two-story, single-family dwelling (near completion). Property and building details are more particularly shown on the April 28, 199q site plan map prepared by Keller-Sanclgren Associates and noted as follows: a) the parcel has a frontage (lot width} of 160.0 feet along Grandview Drive. 152+- ft. width at the dwelling setback line. and 138.50+- feet in width along the top of the bluff area; b) the depth of the parcel from the front line to the top of the bluff is a distance of 202+- feet; c) the deepest portion (west end) of the foundation is 6g+- feet; the center depth of the foundation decreases to 30 feet; the east end of the foundation has a depth of u,3+- feet; d) due to the angle of the dwelling foundation and the variations in the dimensions of the foundation, setbacks vary considerably: 89+- ft. setback at the easterly end of the existing dwelling foundation between the front property line along Grandview Drive, 17+- feet from the easterly side property line. 32+ feet from the westerly side property line, and 96 feet from the top of the bluff along Long Island Sound at its closest point; setbacks at the westerly end of this. foundation are shown to be 50 feet from the front property line; e) the open land, area between the foundation of the house under construction at the top of the bluff varies from 113.S+- to 109+- feet to 96 feet at the deepest measurements (and 100+- feet at the center point of the proposed pool location). 5. PROPOSED VARIANCE. The north-south, or depth. measurement of the proposed pool. at its greatest distance, is 24 feet and when located as proposed 18 feet from the foundation of the house and on an angle against the bluff line, the setback left is 66 feet. The amount of relief requested in relation to the 100 ft. setback requirement is 30, feet. or 3a~ of the requirement for the location of a proposed inground pool structure. 6. HISTORY OF EXISTING CONSTRUCTION. On June 23. 1993. Building Permit No. 21~9~ for the construction of a 103+- ft. wide by 60+- ft. deep dwelling) with variations due to the P~je 3 -- Appl. No. ~,~ Matter of JOHN CROKO Decision Rendered June 13, 199q architecture, layout, and design of the building, entranceways. landscaping, and extensions, all more particularly shown on the April 28, 199~ site plan map submitted with this application. substantially-sized dwelling was issued. (No. 21~9~), for a garage, decks and raised platforms extending from elevated landscaping retaining walls. A second survey showing the foundation, as constructed, is dated October 8. 1993 and shows the concrete foundation of the dwelling angled to take full advantage of the waterviews of the Long Island Sound. 7. PRIOR APPEALS. Under two previous applications, applicant requested reductions to 62 feet from the top of the bluff, which were both denied. AIternative relief, however, was approved on these applications allowing reductions to-7S feet. and later to 70 feet. from the bluff to the proposed pool. at its closest points. (Ref.: Appeal No. U,l~O and Appeal No. ~,20~.) There has literally been no change in the circumstances from the previous appeals. (Ref. November 10, 1993 - Map S-2 prepared by Keller-Sandgren Associates}. 8. CURRENT APPEAL. Requested in this third variance application is a reduction to 66 feet at its closest point for the proposed inground swimmingpool. The fence enclosure is not shown. on the site plan maps and will.be subject to review by the Building Inspector and compliance with all codes at the time of making application for the building permit for the fence enclosure. 9. SITE INSPECTION(S). (a) Inspection of the site revealed that most of the bluff face is stabilized by shrubs. From the street, the lot elevation rises several feet and flattens out over most of the land. 25 to 26 feet above mee sea level. There is presently a slight berm across the bluff top edge; the existing grade is away from the bluff face. The bluff areas must be protected, and ragrading and new landscaped areas must be done to keep surfaco water runoff directed away from the bluff face. A continued Iow berm at the top edge would help to ensure no over-bank runoff. Also. measures will need to be taken to either truck the pool water off site. or properly install drywell drains as far as possible from the coastal zone erosion hazard line in effect for this area. (b) Research of town records shows that there are at least four lots, starting with the lot immediately adjoining this parcel, to the east which are vacant; also. there are other structures situated on two lots approximately 200 feet. and more. to the west of the subject parcel which have nonconforming setbacks from the bluff and which were granted a conditional variance in 198S and 1986 {ref. Lot 3.8 [Hungerford} at 80-85+- feet; Lot 3.9 [formerly Betancourt) at 50+- feet; further east of these vacant lots are two parcels which contain structures with reduced setbacks, ref. Lot S (Montecelli) for construction at 80+- feet from the top of the bank and Lot 2q Cipitelli Bros.; Pa~e u, - AppI. No. Matter of JOHN CROKOS Decision Rendered June 13, 1994 [c) It is personal, knowledge, and through town records, that this bluff area is subject to erosion, and in the past the bluff areas in this vicinity have been damaged. Erosion of this nature has lead to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town mandated by the State and Federal Government for properties fronting along the Long Island Sound. 10. EFFECTS OF RELIEF REQUESTED. It is the position of the Board that: (a) the extensiveness of elevated landscaping, with structural barriers, together with the location, size, architecture, and general layout of the newly constructed dwelling, explicitly create the difficulties in this application for the proposal of an inground pool of this size and configuration, to wit: 2q ft. by 38 ft. at its widest points; (b) the setback at 66 feet is substantial in relation to the requirements, that is. 3q percent of the requirement; the grant of the entire relief will alter the essential character of the neighborhood since many of the parcels are vacant and other properties have greater setbacks than that proposed by this application since the character of the neighborhood is with setbacks at 80 to 90 feet from the top of. the bluff; (d) it is personal knowledge, and through town records. that this bluff area is subject to erosion, and in the past the bluff areas in this vicinity have been damaged - leading to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town, as mandated by the State and Federal Government for properties fronting along the Long Island Sound. (e) there is usable land area available as noted herein between the foundation of the house and the bluff for a distance of approximately 100 feet; ~f} the difficulties claimed are self-created due to the size of the dwelling and landscaping barriers, the tilted angles quite different from the bluff and/or road lines, the fact that the applicants-owners built the dwelling at its present location within the last 11 months and were aware of the code requirement to locate structures and buildings at. least 100 feet from the top of the bluff; |g) there are alternatives for appellants to pursue, such as constructing a smaller pool, reducing landscaping barriers, or to locate a similar recreational structure (lap pool, spa, etc.) closer than the present 18 feat distance to the actual dwelling; P~e 5 - Appl. No. Matter of JOHN CROKOS Decision Rendered June 13. 199q Ih) the difficulties claim are personal~ in nature to the landowner rather than due to the uniqueness of, the land since the owner will not be deprived of reasonable use of a swimmingpool north of the house, when relocated to conform with the prior appeal conditions; (i) the relief, as requested, will in turn have an adverse effect or impact on the physical and environmental conditions in the neighborhood and district - particularly in light of the numerous storm activity and erosion along the Long Island Sound bluff areas <which storms are not predictable either as to number of occurrences or the nature of its strengths) and which have in the past been severe causing damage along and near many. bank and bluff areas in the Town of Southold, (j) the grant of a previous.variance 700 feet or more from the subject Premises approximately-nine (9) years ago does not preclude a denial of the variance requested in the subject application in light of the erosion along the bluff areas, the frequency of severe storms, resuits of storm activities, etc.; {k) in view of all the above~ the interests of justice will be served by denying the relief, as requested, in its entirety. Accordingly. on motion by Member Dinizio, seconded by Member Wilton. it was RESOLVED. to DENY the relief requested in this application in its entirety, for the reasons noted above, Vote of the Board: Ayes: Messrs. Dinizio. Wilton. and Goehringer. (Members Doyen and Villa were absent.) This resolution was duly adopted. Ik GERARD P. GOEHRINGER CHAIRMAN. BOARD OF APPEALS SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STANLEY A, PAUZER DISTRICT MANAGER January 28, 1993 Mr. Gerard P. Goehringer, Chairman Town of Southold Board of Appeals P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: We have completed a site inspection at the parcel known as Lot #7 in the development of the Grand View Estates Subdivision. The bluff face appears to be well stabilized by shrubs covering nearly the entire face. There is a footpath worn into the bluff face leading down to the beach. The toe of the bluff does not appear to be affected by the high tide line which doesn't reach the toe. From the street the lot's elevation rises several feet and flattens out over most of it. There is a slight berm across the bluff top edge. The existing grade is away from the bluff face. To protect the bluff face from the foot traffic, stairs should be designed by a professional engineer, and installed acoording to design. Care must be taken to disturb a minimum amount of the existing vegetation. Any regrading should keep surface water runoff directed away from the bluff face. A low berm at the top edge would ensure no overbank runoff. Provisions should also be made to dispose of the pool water. A drywell drain could be installed for this purpose. If you need any further information please contact this office. Sincerely, Paul A. TeNyenhuis District Technician !{iverhead County Center Room E-16 Itiverhead, New Ym.k 1191U - 3398 APPEALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor 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. 440. Upon Application of JOHI~ CROKOS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. WHEREAS, public hearings were held on January 14, 1993 and February 23, 1993, at which time 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; WHEREAS, Board Members have personally 'viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. AREA VARIANCE. This is an application received Novem- ber 24, 1992 for a Variance under Article XXIII, Section 100-239.4, subsection A(1), for approval of new construction within 100 feet of the bluff, or bank, along the Long Island Sound. The Building Inspector's Notice of Disapproval upon which this appeal is based is dated November 18, 1992. '2. CODE REQUIREMENT. Article XXIII, Section 100-239..4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 3. PROPERTY DATA. The premises in question is situated north of Grand View Drive in Orient and is shown as Lot #7 on the Major Subdivision Map of Grand View Estates. This parcel contains a total lot area of 42,134 sq. ft. and is presen~y Page 2 - Appl. N Matter of JOHN CROKOS Decision Rendered February 23, 1993 vacant. Areas seaward of the Coastal Zone boundary line (near the top of the bank) are unbuildable, which lends to the limitations for building while meeting all other zoning code requirements. 4. PROPOSAL. Proposed in this application are requests to locate the northwesterly corner of a proposed dwelling with patio and deck areas above natural grade, inground swim~ingpool, and landscape areas with retaining Walls, all within 100 feet of the top of the bluff (bank) along the Long Island Sound {see site plan map dated October 14, 1992 by Keller-Sandgren Associates}. The setbacks at their shortest distances under consideration in this application are shown at 50 feet to the outside patio area of the proposed pool, 30+- feet to the fence enclosure north of the same patio area, and 54 feet to the closest corner of the swimming pool. The dwelling as proposed is situated on an angle (northwest), rather than parallel with the bluff or northerly property angles, which creates the need for a variance at the northeast corner of the house of up to 5-1/2 or six feet. 5. SITE INSPECTION(S). (a) An~inspection of the site reveals that most of the bluff face is stabilized by shrubs. From the street, the lot's elevation rises several feet and flattens out over most of the land, 25 to 26 feet above mea.sea level. There is presently a slight berm across the bluff top edge; the existing grade is away from the bluff face. The bluff areas must be protected, and regrading and new landscaped areas must be done to keep surface water runoff directed away from the bluff face. A continued low berm at the top edge would help to ensure no over-bank runoff. Also, measures will need to be taken to either truck the pool water off site, or properly install drywell drains. (b) Research of town records shows that there are other lots in the area with nonconforming setbacks in the immediate vicinity; i.e. Lot 5 (Monacelli) for construction at 80+- feet from the top of the bank; Lot 3..8 (Hungerford) at 80 - 85+- feet; Lot 24 (Cipitelli Bros. Realty) 70+- feet; Lot 3.9 (formerly Betancourt) at 50+- feet. 6. OTHER TOWN AGENCY JURISDICTION/REVIEW. Correspondence has been received from the Office of the Town Trustees confirming that the addition as proposed is not within their jurisdiction under either the Coastal Erosion Hazard Act (Ch. 37) or the Town Wetland Ordinance (Ch. 97). 7. EFFECTS OF RELIEF REQUESTED. It is the position of this Board that in considering the relief requested and more · Page 3 - Appl. N 40 Matter of JOHN CROKOS Decision Rendered February 23, 1993 particularly shown on the October 14, 1992 site plan (as modified from the October 14, 1992 landscaping plan), that: (a) the setback at 54 feet is substantial in relation to the requirements, that is, 46 percent of the requirement; (b) the grant of the entire relief will, in turn set a precedent, and will alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (d) the difficulties claimed have not been created by the landowner - the lot preexists the enactment of this zoning requirement; (e) the amount of relief requested would in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) there is an alternative for appellant to pursue, as no~ed below, for lesser relief (greater setbacks); (g) in view of all'the above, the interests of justice will be served by denying the relief, as requested. 8. ALTERNATIVE. Alternatively, the Board finds that a setback restriction at not closer than 75 feet to the top of the bluff (bank) for all structures, retaining walls, and buildings, Would be more feasible and is reasonably available for applicant to pursue.. 9. EFFECTS OF ALTERNATIVE. It is the position of the Board that in considering this alternative: a) the benefit to the applicant, as weighed against the detriment to the health, safety, welfare of the community, is greater, and is not unreasonable in light of limited uplandarea available for residential use; b) the benefit sought by the applicant cannot be achieved by a method, feasible for his to pursue, other than an area variance; c) the alternative relief is not substantial in relation to the requirements; Page 4 - Appl. No 0 Matter of JOHN CROKOS Decision Rendered February 23, 1993 d) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; e) the difficulties created are related to the uniqueness of the land and are not personal to the landowner; f) the relief as alternatively granted will not be adverse to the preservation and'protection of the character of the neighborhood and the health, safety, and welfare of the community. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to DENY the relief requested in the application, and be it further RESOLVED, to GRANT alternative relieffor a minimum setback at 75 feet from the top of the bluff (bank) to all structures, retaining walls and buildings, SUBJECT TOT HE FOLLOWING: 1.. That the drywells be installed for proper discharge of pool water; no pool water or roof runoff shall not be discharged towards the bluff face and all water shall be properly contained (or removed); 2. That the relief alternatively granted is limited to this particular application made under Section 100-239.4A of the zoning code as pertains to the bluff setback (and shall not apply to side yard reductions, lot coverage in excess of 20%, or other variations from the code in the event of future code modifica- tions). 3. That there be no land disturbance to or close to the bluff (bank) area, and that hay bales shall be temporarily placed north of the area under construction while construction activities are pending. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Doyen, Goehringer, and Villa. This resolution was duly adopted. lk GERARD p. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehr/nger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4204. Upon Application of JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A{1) for permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. WHEREAS, a public hearing was held on December 8, 1993 at which time 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; 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: 1. AREA VARIANCE. This is an application received November 17, 1993 for a further (additional) Variance under Article XXIII, Section 100-239.4, subsection A(1), for approval of new construction within 100 feet of the bluff, or bank, along the Long Island Sound. The Building Inspector's Notice of Disapproval upon which this new Appeal is based is dated Novem- ber 17, 1993. 2. CODE REQUIREMENT. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 3. PROPERTY DATA. The premises in question is situated north of Grand View Drive in Orient and is shown as Lot #7 on the Major Subdivision Map of Grand. View Estates. This parcel contains a total lot area of 42,134 sq. ft. Prior to July 1993, the premises was vacant.- Areas seaward of the Coastal Zone boundary line (near the top of the bank) are unbuildable, which ~age 2 - Appl. No~4204 Matter of JOHN CROKOS Decision Rendere~ December 8, 1993 lends to the limitations for placement cf all types of construction. 4. EXISTING CONSTRUCTION. On June 23, 1993, a building permit for the construction of a substantially-sized dwelling was issued (No. 21494), for a garage, decks and raised platforms extending from elevated landscaping retaining walls. A second survey showing the foundation, as constructed, is dated October 8, 1993 and shows the concrete foundation of the dwelling angled to take full advantage of the waterviews of the Long Island Sound. The front yard setback at its closest point is shown to be 50 feet from the northwesterly corner of the foundation, and the further front yard setback from the westerly side of the foundation is shown to be 82 feet, more or less (slightly), from Grand View Drive. The setbacks measured from the northeasterly end of the dwelling foundation is shown to be 95 to 100 feet, more or less from the top of the Sound Bank at its closest point. The distance between the coastal erosion hazard line at the nearest point is approximately 75 feet. Chapter 37 of the Southold Town Code prohibits construction and any types of soil disturbance along, or seaward of, the "coastal zone hazard line." 5. PROPOSAL. Proposed in this application are requests to locate the northwesterly corner of a proposed dwelling with patio and deck areas above natural grade, inground swimmingpool, and landscape areas with retaining walls, all within 100 feet of the top of the bluff (bank) along the Long Island Sound {see site plan map dated November 10, 1993 - Map S-2 prepared by Keller-Sandgren Associates}. Requested is a further variance at 62 feet from the top of the bluff or bank. The fence enclosed is not provided and will need to be clarified and further confirmed in writing prior to issuance of a building permit for these structures if within 100 feet of the bluff or bank. 6. PRIOR VARIANCE. The record shows that in November 1992, an application was made to this Board for a variance for placement of one corner of the dwelling which was located within 100 feet of the bluff, and also for a proposed pool, fence enclosure and deck areas. The Board rendered approval for "alternative relief, with conditions" on February.23, 1993 under Appeal No. 4140. That determination restricted the setbacks for a proposed pool, fence enclosure and decks above ground level, at not closer than 75 feet to the top of the bluff or bank. 7. SITE INSPECTION(S). (a) An inspection of the site reveals that most of the bluff face is stabilized by shrubs. From the street, the lot's elevation rises several feet and flattens out over most of the land, 25 to 26 feet above mea sea level. There is presently a slight berm across the bluff top edge; the existing grade is ~age 3 - Appl. No~204 Matter of JOHN CROKOS Decision Rendered December 8, 1993 away from the bluff face. The bl'uff areas must be protected, and regrading and new landscaped areas must be done to keep surface water runoff directed away from the bluff face. A continued low berm at the top edge would help to ensure no over-bank runoff. Also, measures will need to be taken to either truck the pool water off site, or properly install dr~well drains. (b) Research of town records shows that there are other lots in the area with nonconforming setbacks in the immediate vicinity; i.e. Lot 5 (Monacelli) for construction at 80+- feet from the top of the bank; Lot 3.8 (Hungerford) at 80 - 85+- feet; Lot 24 (Cipitelli Bros. Realty) 70+- feet; Lot 3.9 (formerly Betancourt) at 50+- feet. 8. EFFECTS OF RELIEF REQUESTED. It is the position of the Board that: (a) the size of the dwelling lends to the difficulties in locating other buildings or structures on this parcel; (b) the setback at 62 feet is quite substantial in relation to the requirements, that is, 38 percent of the requirement; (c) the grant of the entire relief will alter the essential character of the neighborhood; (d) it is personal knowledge, and through town records, that this bluff area is subject to erosion, and in the past the bluff areas in this vicinity have been damaged - leading to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town, as mandated by the State and Federal Government for properties fronting along the Long Island Sound. (e) the difficulties claimed are self-created since the size of the dwelling is substantial and is located on an angle towards the water; (f) there is an alternative for appellant to pursue, to construct a smaller sized pool and reduced deck areas; (h) in view of all the above, the interests of justice will be served by denying the relief, as requested, and granting alternative relief, as noted below.. 9. ALTERNATIVE. Alternatively, theBoard finds that a setback restriction at not closer than 70 feet to the top of the bluff (bank)for all structures, retaining walls, and buildings~ is feasible and is reasonably available for applicant to pursue. Page 4 - Appl. Nd~204 Matter of JOHN CROKOS Decision Rendered December 8, 1993 10. EFFECTS OF ALTERNATIVE. It is the position of the Board that in considering this alternative: a) the benefit to the applicant, as weighed against the detriment to the health, safety, welfare of the community, is greater, and is not unreasonable in light of limited upland area available for residential use; b) the benefit sought by the applicant cannot be achieved by a method, feasible for his to pursue, other than an area variance; c) the alternative relief is not substantial in relation to the requirements; d) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; e) the difficulties created are related to the uniqueness of the land and are not personal to the landowner; f) the relief as alternatively granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community. Accordingly, on motion by Member Dinizio, seconded by Member Villa, it was RESOLVED, to DENY the relief requested in the application, and be it further RESOLVED, to GRANT alternative relief for a setback at not closer than seventy (70) feet from the top of the bluff (bank) to all structures, retaining walls and buildings, SUBJECT TO THE FOLLOWING: 1. That the drywells be installed for proper discharge of pool water; no pool water or roof runoff shall not be discharged towards the.bluff face and all water shall be properly contained (or removed); 2. That the relief alternatively granted is limited to this particular application made under Section 100-239.4A of the zoning code as pertains to the bluff setback (and shall not apply to side yard reductions, lot coverage in excess of 20%, or other variations from the code in the event of future code modifi~ca- tions). Matter of JOHN CROKOS Decision Rendered December 8, 1993 3. That there be no land disturbance to or close to the bluff (bank) area, and that hay bales shall be temporarily placed north of the area under construction while construction activities are pending. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Doyen, Goehringer, and Villa. This resolution was duly adopted. lk RARD P. GOEHRINGER, C~AIRMAN / LOT -/ k / / LOT ,x'lAP OF' P~OPEI~TY BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following ~ public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at~ the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JUNE 1994, commencing at the l times specified below: - · 1.7:30 p.m. Appl. No. 4235- KIM FALLON AND CYN- THIA SUTRYK. (Hearing Continued from May 4, 1994) This is a request for a variance based upon the April 4, 1994 Notice of Disapproval from the Building Inspector to locate accessory building in. the front yard area. Location ~..~.~of Property: 3200 Soundvi~ Avenue, Mattituck, NY; Coun' - ty Tax Map Parcel 1000-94-2-5. 2. 7:35 p.m.,AppL No. 4234- ALEX AND MARION WIPE (Hearing Continued from May 4, 1994). This is a request for a variance under Article liI, Section 100-33C, for permission to locate an ac- cessory garage with a fron- tyard setback at less than the required 40 ft. front yard set- back. This parcel is noncon- forming with a lot area of ap- proximately 22,000 sq. ft. and frontage of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No.i 1000403-13-7. 3. 7:40 p.m. AppL No. 4246- LKC CORP. and JASTA, INC. This is a request for a Special Exception for permis- sion to establish a drinking establishment ' use as listed under Article XI, Section 100-10lB in an existing prin- ~......~ipai building. The subjecti 'premises is nonconforming with a lot area of approx- imately one-half acre and 115+ ft. frontage along the north side of the Main Road ;~nd is located in the B-General Business Zone District. Pro- petty Address: 6955 Main Road, Laurel, NY; County Tax 7:50 p.m. Appl. No. 4245- GEORGE AND SUSAN TSAVARIS. This is a request for a variance under Article XXIII, Section 100-239.4A for permission to locate swimm- ing pool with fence enclosure within 100 feet of the bluff of the Long Island Sound. Loca- tion of Property: 2170 The Strand, Lot 111 at Pebble Beach Farms, East Marion NY: Parcel ID No. 1000-30- 2-53. 5. 7:55 p.m. Appl. No, 4244SE- DEPOT ENTER- PRISES, INC. This is a re- quest for a Special Exception, as amended, to include ap- proval for the location and use of a proposed addition to the existing principal building located at 320 Depot Lane, Cutchogue, New York. The proposed addition is an expan- sion of the existing recrea- tional membership club and is located in the Residential- Office (RO) Zone District. .~Property ID No. 6. 8.'05 p.m. AppL No. 4249- SANFORD AND SUE HANAUER. This is a request for a Special Exception to establish and operate a Bed I and Breakfast in accordance I with the provisions of the zon- ing code at Artic e III, Section 100-31B(15), with owner- occupancy, and as an ac- cessory tothe existing prin- cipal residence. Location of Property: 4105 Soundview Avenue, Mattituck, NY; Coun- ty Tax Map Parcel No~ 1000-94.3-part of 1.7, also known and referred to as Lot No 2 on the Subdivision Map of'Robert and 'Jean Eenzer.= 7. 8:10 p.m. Appl. No. 4240- JOHN CROKOS. This is a re- quest for a variance under Ar- ticle XXIX, Section 100-239.4A based upon the l May 4, 1994 Notice of Disap- proval from the Building In- I spector for permission to l locate swimming pool withal fence enclosure within 100 fee ' .~f the bluff along the Long Island Sound. This property was the subject of prior Ap- peals under Appl. No. 4204 as rendered 12/8/93 and Appl. No. 4140 as rendered 2/23/94. The subjec,~premises is im- proved with a single-family dwelling and contains an area of approximately 40,000 sq. ft. (total lot area). Location of Drive, Orient,~l~l[ Lot No. 7 on the Map c~rand View Estates; County Tax Map Parcel No. 1000-14-2-3.11. 8. 8:15 p.m. Appl No. 4241- RICHARD LAN. This is a re- quest for a variance under Ar- ticle IIIA, Section 100-30A.4 (ref. Article III, Section 100-33) based upon the May 4, 1994 Notice of Disapproval from the Building Inspector in a building permit application to construct pool and deck in the front yard area, as an ac- cessory use. Location of Pro- perry: 230 Bridge Lane, Cut- chogue, NY; County Tax Map Parcel No. 1000-111-15-1.4 and 1.5 (Tax Map Parcel No. 1.4 totals 2.478 acres and Parcel No. 1.5 totals 1.088 acres). The subject premises is located in an R-40 Low-Density Residen- tial Zone District. 9. 8:20 p.m. Appl. No. 4243 -- MOORE'S LANE HOLDING CORP. This is a request for a variance under Article V Section 100-53B, Section I00-31C (ref. Section 100-33), and Section 100-231, based upon the May 4, 1994 Notice of Disapproval from the Building Inspector for per- mission to locate acessory uses (tennis court, swimming pool and pool clubhouse) in an area other than the required rear yard, and with tennis-court fencing at a height of more than four feet when located in a front yard area. Location of Property: 475 Cedarfields Drive, Greenport, NY; Coun- ty Tax Map Parcel No. 1000-40-5-1.42. The subject premises is located in the Hamlet-Density Zone District/ 10. & 11. 8:25 p.m. TONY AND MARIA KOSTOULAS. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No, 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. Appl No. 4098 - (Continued Hearing) This is a request for a variance under Article XXIII, Section 100-239.4 for approval of a deck extension located within 100 feet of the bluff of the Long Island Sound. Appl No. 4248- This is a re, quest for a variance under Ar- ticle IliA, Section 100:30A 3 for approval of a. deck addi- ti? with insufficient side yard, 12. 8:35 p.m. Appl. 4247- HUGH T. and CAROL L. CONROY. This is a request for a Special Exception to establish an Accessory Apart- ment in conjunction with the owner's occupancy within ex- isting residence as authorized under Article III, Section 100-30A.2B and Section I00-31B(14) of the Zoning l Code. Location of Property: 'Westerly side of Gin Lane,i Southold, NY; also referred to as LOt No. 2 on the Subd v - sion Map of Bay Haven filed I in the Suffolk County Clerk's Office as Map 2910; further identified on the County Tax Maps as 1000-88-3-6. 13. 8:55 p.m. Appl. No. a~o. ~-~'~,n~A~T/BEST ,~t~D A~D~rLI~I~ SY'VERSOI~ This is a ~tuest for ,a varian0. under Article ILIA, Section 100-30.1 based upon the May, 2, 1994 Notice of Disapproval by the Building Inspector for approval of the proposed in- sufficient lot area and insuffi- cient lot width of proposed Parcels No. 1 and No. 2. Loca- tion of Property: Pri,.'vate Road No. 17 extending off the easterly side of Camp MMeola Road, Mattituck, NY; Coun- ty Tax 'Map Parcel No. 1000-123-6-17. The .subject premises contains a total lot area of approximately 1.2 acres in total area and is located in the R-40 Low- Density Residential zone District. The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters~ Written comments m~Y als0 be sub- mired prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more informa- tion, please do not hesitate to call 765-1809 Or visit our office. · : Dated: May 23, 1994 BY *ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN . By: Linda Kowalski IX-5/26/94(407 } COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for Z ............................. weeks success~vely, commencing on the S~w_/O~ to before me on this ·...-:-~' .... day of Notary Public BARBARA k SCHNEIDER NOTARY PUBLIC, State of New ¥~1~1 No, 4806~46 Qualified in Suffolk Coen~ Commission Expires F/'~/ qq, NOTICE O PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN HOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JUNE 8, 1994, commencing ar the time specified below: I. 7:30 p.m. AppL No. 4235 -- KlM FALLON and CYNTHIA SUTRYK (Hearing Continued from May 4. 1994). This is a request for a variance bared upon the April 4, 1994 Notice of Disapproval from the Building Inspector to locate accessory building in the front yard area. Location of property: 3200 Soundvicw Avenue, Mattituck. NY; County Tax Map parcel 1000-94-2-5. 2. 7:35 p.m. AppL No. 4234 -- than the requlr~d 40 ft. front yard set- back. This parcel is n0nco 'ne w th a lot area of approx~lY 22,000 sq. ft. and frontage of IlS ft Location of Prope~y: 940 West Creek Avenue, Cutchogoc, NY; County Tax Map parcel No. 1000-103-13-7. . 3. 7:40 p.m. App - No. 4246 -- LKC cORP. and JASTA, INC. Th s is a r~quest for a Special Exception permission to establish a drinking establishing usc as listed under Article Xl. Section l~O-IOIB in an exisrigg principal build ne. The subject pranus? es is nonconforming with a Im area of cou~ fe~ng at a height of m~ t~ fo~ f~t w~n I~at~ in a f~t y~ ~ THE s~OLK TI~, a Location of property: 475 ~n~ T~ Map p~el No. I~-~' {~t~Old, Cowry Of 8~O~ and ~ I ~. ~ subj~l p~mi~ is I~ated · ' ' ' let-~nsity ~e ~sm~. .:'~, ~d ~at the NoB~ of ~ m~l. 8:25 p.m. TONY aaa '' MARIA KOSTOULAS. L~ation of ~t~ Co~y, h~ been ~- ~d N~apap~ once ~¢h ~eek Property: 1035 Aquaview Avenue, Bast Marion, NY; County Tax Map parcel No. 1000-21-2-13. This prop- erty is nonconforming as to total lot ar~a in this R-40 Zone District. AppL No. 4098 -- (Continued Hearing). This is a request for a variance under Article XXIII, Section 100-239.4 for approval of a deck extension located within 100 feet of the bluff of the Long Island Sound. AppL No. 4248 -- This is a r~- quest for variance under Article ILIA. Section 100-30A.3 for ap- proval of a deck addition with in- sufficient side yard setbacks. A Jr T. and CAROL L. CoNROY. This is 1000-122-6-36. 4. 7:50 p.m. Appl. No. 4245 -- GEORGB and SUSAN TSAVARIS. This is a request for a variance under Article XXIlL Section 100-239.4A for permission to locate swimmingpool with fence enclosure within 100 feet of the bluff of the Long Island Sound. Special Bxception to Location of property: 2170 The a request for a . Strand, Lot III at Pebble Beach establish an Accessory Apartment in Farms, East Marion. NY; Parcel ID conjunction with the owner's occupan- cy within existing residence as autho- No 1000-30-2-53- rized under Article ffl, Section 100- 5.7:55 p.m. Appl. No. 42~4SE ~- 30A aB and Section 100-31B(14} of DEPOT ENTERPRISES, 1NC. This Zoning Code. Location of is a request for a Special Exception, ar the amended, to include approval for the Property: Westerly side of Gin Lane. location and use of a proposed addi- Southold, NY; also referred to ar Lot finn to the existing principal building #2 on the Subdivision Map of Bay Haven filed in the Suffolk County located at 320 Depot Lane, Cut~h)gu~ Map 2910; further New york. The proposeids~dnd't~e°~r~ Clerk's Office as identified on the County Tax Maps ar an expansion of the ex t g ' ational n,~mhership club and is located 1000-88-3-6. in the Residential-Office (RO) Zone 13.8:55 p.m. AppL No. 4239 -- MARGARET BEST and ADYLYN District. Property ID No. 1000-102-2- sYyERSON This is a request for a 12.1. variance under'Artlcle IliA. Section 6. 8:05 p.m. Appl. No. 4249 -- 100-30A.I based upon the May 2. SANFORD and SUE HANAUER. This is a request for a Special Excep- 1994 Notice of Disapproval by the sion to estabbsh and operate a Bed and Building InspectOr for approval of the visions of the zoning code at Article ' insufficient lot width of proposed IlL Section 100-31B(15}. with owner- parcels gl and #2. Location of prop- occupancy, and as an accessory to the erty: Private Road gl? extending off existing principal residence. Location the easterly side of Camp Mineola of Property: 4105 Soundview Avenue, Road, Matlituck, NY; County Tax Mattituck, NY; County Tax Map Map Parcel No. 1000-123-6-17. The parcel No. 1000-94-3-part of 1.7, also subject premises contains a total lot known and referred to as Lot No. 2 on area of approximately 1.2 acre(s} in., the Subdivision Map of Robert and total area and is located in the R-40' Low-Density Residential Zone Dis- Jean Lcnzer. 7 g tO p.m. Appl. No. 4240 -- trlct. JOHN CROKOS. This is a request The Board of Appeals wi0 at said for a variance under Article XXIX, time and place hear any and all per- Section 100-239.4A based upon the sons or representatives desiring to be May 4. 1994 Notice of Disapproval heard in the above matters. Written comments may also be submitted prior from the Bu Iding Inspector for per- · mr ~ mission to locate swimmingpool with o the conclusion of he subject he - ~ fence enclosure within 100 feet of the/~ inc. Each hearing will not start before ] bluff along the Long Island Sound.' thc times designated above, if you This property was the subject of pdor wish to review the files or need to Appeals under AppL No. 4204 as mn- request more information, please do dered 1218/93 and AppL No. 4140 ~s not hesitate to call 765-1809 or visit rendered 2123193. The subject premls- our office. es is improved with a single-fanrily Dated: May 23, 1994. dwelling and contains an area of BY ORDER OF THE SOUTHOLD approximately 40,000 sq. ft. (total lot TOWN BOARD OF APPEALS area}. Location of Property: 2110 GERARD P. GOEHRINGER CHAIRMAN Grand View Drive. Orient, NY; Lot By Lin{ia Kowalski No. 7 on the Map of Grand View ,~,~ / Estates; County Tax Map Parcel No. ~7945-1TMy26 ' - 8. 8:15 p.m. Appl. No. 4241 -- RICHARD LAN. This is a request for a variance under Article IUA. Section 100-30A.4 (ref. Article Ill, Section 100-33) based upon the May 4, 1994 Notice of Disapproval from the Building Inspector in a building permit application to construct pool and deck in the front yard area, as an accessory ~ u~. Location of property: 230 Bridge Lane. Cutchogue, NY; County Tax Map Parcel No. 1000-111-15-1.4 and 1.5 (Tax Map Parcel No. 1.4 totals 2.478 acres and Parcel No. 1.5 totals 1.088 acres). The subject premises is located in an R-40 Low-Density Residential Zone District. 9, 8:20 p.m. Appl. No. 4243 -- MOORE'S LANE HOLDING CORP. This is a request for a variance under Article V Section 100-53B, Section 00.31C(ref. Section 100-33} g successively, commencing on ,g .U oq4. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD May 2~t. 1994 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TO: RE: Applicants Public Hearings - June 8, 1994 Dear Sir or Madam: We are in receipt 'of your recent-application under the Southold~ Town ' Zoning Ordinance and. have forwarded notice for publication this week to the.local and official newspapers of the Town, to wit: Long Island' Traveler and- Suffolk Times. Copies of your file have been distributed to the .Board Members for additional review, and individual on-site inspection; expected within-the next 10 to 14 days. If you have not already staked the proposed new construction, we ask,that you please do so immediately. It is requested that one of the property owners, or if the , property owner is not availablez then someone, fully familiar with the property, appear .at the public hearing, at. the time specified in the attached Legal. Notice. If your presentation, should be lengthy, a draft or final written copy is always appreciated. You should feel free to submit additional documentation to support this appticatlon-at any time before, or during, the public hearing; Please: do not hesitate to call our office if you have questions concerning your application or related matter. Yours very truly. Linda Kowalski Clerk. Board of Appeals Enclosure Copies of Legal Notice 9nt' to the following 5/24/94: Cynthia Sytruk and Klm Fallon 55 Harbor View Avenue Mattituck, NY 11952 Mr, and Mrs. Alex Wipf 940 West Creek Avenue Cutchogue. NY 11935 LKC Corp. P.O. Box 843 Jamesport, NY 11947-0843 Mr. and Mrs. George Tsavaris 2170 The Strand P.O. Box 385 East Marion; NY 11939-0385 Dr. Joseph Lizewski Depot Enterprises, Inc. 320 Depot Lane Cutchogue, NY 11935 Mr. and Mrs. Sanford.Hanauer 4105 Soundview Avenue P.O. Box 281 Mattituck. NY 11952-0281 Attn: Keith Keller-Sandgren, Associates 10 Mineola Avenue Roslyn Heights, NY 11577 Mr. James Fitzgerald P.O. Box 617 Cutchogue, NY 11935-0617 Moore's Lane ,Holding. Corp. P.O. Box 1143 Cutchocjue, NY 11935-1143 Patricia C. Moore. Esq. P.O. Box 23 Westphalia Road Mattituck, NY 11952-0023 Mr. and Mrs. 380 Gin Lane Southold, NY Hucjh T. Conroy 11971 Dr./Mrs. Robert Hariri 61 Lafayette Avenue Chatham. NJ 07928 Scheffs Trust 3100 Soundview Avenue Mattituck, NY 11952 M/M Demetrio Lavecjlia 97-24 116th Street Richmond Hill, NY 11419 Copies to TB, BD, PB, TA Departments APPEALS BOARD MEMBERS ~C-erard P. C-cehringer, Chairman Ser/e Doyen, Jr. James Dinizio, Jr. Robert A. Villa Riclm~ C. Wilton 'l~lephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLI~ Town Hall, 53095 Main Road P.O. Box 1179 Sou/hold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TYPE II .S.E.Q.R.A. ACTION DECLARATION May 4, 1994 Appeal No. 4240 Project/Applicants: John Crokos County Tax Map No. 1000- 14-2-3.11 Location of Project: 2110 Grandview Drive, 0rient. NY Relief Requested/Jurisdiction Before This Board in this Project: Locate swimmingpo01 and related structures within 100' of top of bluff along Long Island Sound This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13{a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry. Southold Town Clerk DATED: May 4. 1994 RE: Zoning Appeal No. 42[t0 - John Crokos Transmitted herewith is Zoning Appeal No. ~2~O of JOHN CROKOS for a variance. Also included is: Notice of Disapproval from the Building Department, dated May it, 199~; copy of the application to the Building Department; Notice to Adjacent Property Owners; site plan; Short Environmental Assessment Form; ZBA Questionnaire; and copy of ZBA decision of Application No. 420~ submitted by John Judith T. Terry Southold Town Clerk QUESTIOnnAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ~ the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.} B. Is the subject premises listed on the real estate marnet ~or sale or being shown to prospective buyers? { } Yes {~ No. (If Yes, pl~sa a~t~h cuUy af "conddtinns,, of Sale.} C. Are there =ny ~upo~als tu u~ange ~r alter land eun=cu=~? {~ Yes { } No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? ~.~. 3. Is the property bulkheaeed between the wetlands area and the upland building area? ~o 4. If your property contains wetlan=s or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed cpnstruction at or below five feet above mean sea level? ~O (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fenc~_s which e~ ~n~not ~h~w~ cn the survey ma~ that you submitting? If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? ~e~ if yes, please submit.a copy of your building permit and'map as approved by the Building Department. If none, please state. H. Do you pr any co-owner alsd own other land close to this parcel? ~0 If yes, please explain where or submit copies of deeds. I. Please list present use or operations parcel ~;~5 ~A~4{~ ~-=~~ conducted at this propose~ Use ~00~ ~4]- and tnorize~igh~uure an~ Date 3/87, 10/901k § 9%13 WETLANDS § 9%13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southotd. [Added 6-54~4 by L.L. No. 6-1984] 'CV'E ~'TI..~N]3S [Amended 8~26-76 by L.L. No. 2-1976 3-25- 85 by ~,~L N~. 6-1985]: A. ~IDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which borr~er on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~ salt hay, black grass, saltwort~, sea lavender, tall eordgrass, high bush, cattails, groundseL m:~rshm~{Iow a~d low (3) AIl h~'ud immediately ndjaccnt toa tidal wetland as defined in Subsection Al2) and lying w/thin seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (I) "Freshwater wet,ands" as defined {n Article 24. Ti- fie I, § 2.1-0107. Subdivisions l(a) to l(d) inclusive. of the Environments[ Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined m Subsection B(1) and lying with- m seventy-five (75) feet landward of the most land- ward edge of a "freshwa:er wetland." 9705 2-25-8S PROJECT I.D. NUMSER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION {To be completed by ADplicent or Project sDonsor) ' SEQR 3. PROJECT LOCATION: S. tS PRO SED ACTION: ~New I'-I Exoansion [] M~llflc at Ion/att er etlon 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ~ND AFFE~ED: Initially *~ acres Ultimately f~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ~Z'No If NO, describe briefly S. WHAT I$ PRESENT LAND USE iN VICINII"/' OF PROJECT? ~R~$ii:ieittlal [] industrial [] Comme,clal ~ Agric. lt~re ~ Par~ForesEOpen space ~ Other 10. DOES AGTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL STATE O~ LOCAl? CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I .(Continued on reverse side) The N.Y.S. Enviro'nmental Quality Review Act reouires submission of this form, and an enviro~u:~en~al review will be mdoe by this boar~ before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically.alter more than 10 acres of land? Yes :~/NO 2. Will there be a major change to any unique or ~nusual land form on the site? Yes 3. Will project alter or have a large effect on a~ existing body Of water? Yes 4. Will project have a potentially large impact On groundwater quality? Yes ~/No 5. Will project significantly effect drainage flow on adjacent sites? . Yes 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? Yes ~No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes ~NO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=a[ importance or any site designated as a critical envircamental area by a local agency? Yes ~No 10. Will project have a m~jor effect on existing or future recreational opportunities? __Yes 11. Will project result in major traffic problems or cause a major effect to existing transportation · ' · systems? _ Yes ~o 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes ~o 13. Will project have any impact on public health 14. Will project affect the existing co~ununity by directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year Yes .~o period or have a major negative effect on the charact~ of the community or neighborhood? ~5. Is there public confroversy concerning the project? ~) COUNTY OF SUFFOLK Real Pro.ert¥ Tax Service SOUTHOLD · o I000 RECEIPT JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516 - 765 -1801 DATE RECEIVED OF: r~ CASH '050381 BY: BOARD OF APPEALS:, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals nf the Town of Southold : YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That il i~ the intention of the undersigned to petition the Board of Appeals of thc Town of Southold to requesta~rianc~(Special Exception)(Special Permit) (Other) [circle choice] . 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ,' beT. ?-.II omu _.. 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That h~ such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Art&cle ~ ~ll~ Section lt~:)- [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petiti/~q/~ Owne ~'s' N~-' M~-., ~ Post 0 free'Address Te]. ,o. 746,- 74"14'. [Copy of sketch or purposes.] plan showing proposal to be attached for convenience ~NA~ PROOF OF MAILINC~ OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS HacelpT Certified Mail No insurance Coverage Provided ammmem Do not use for International Mail (See Reverse) MAY 3 1994 STATE OF NEW YORK ) COUNTY O~J~) ss.: f ·. -. ~ , ~,c~.¥~ hi~T~', fl.':/', 11~/7 ,~eing duly sworn, deposes ana says that on me "~ - day o~ M ~,' 'Y' ' ' ,19 _~, deponent mailed a true copy of the Notice set forth on the re- verse side h~ereof, directed to each of the a6ove-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at ~'~L~I,J L~c~T~. b,~,'~', J[l~,~'~ ; that said Notices were mailed to each of said persons by (certified) (registered) ?ail. ' ' Sworn to before me this day.~ .~1 .~ , 19 ._ -- ~ ~...~ ',r' ~. ~C;-- Notary Public ~sO - ~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town nf Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That,,~Lt~ intention of the undersigned to petition the Board nf Appeals of the Town of Southold to request a~(Special Exception) (SpeciaI Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~-~,T~c~4 14. ~ 4~.~ ~Z j LoT, "~, il o~e~- M~. ~.,Izz,~o~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 Thai h'~ such Petition, the undersigned will requ:st the following relief: AgT~cz~ X X-lIT ~ec~Tiot.t I0o Z~q. ~ ~ (O 5. That the provisions of the Southold Town Zoning Code apl~licable to the relief sought by the under- signed are Az't~.cle XX-[J'T Section [OO - 'Z.'~. ~1' A~]I) [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Owner/' Na em~:. N/II'2., ~ t~t2~, X/o/,t~ Post Office Address [Copy of sketch or plan showing proposal purposes.] to be attached for convenience NAME PROOF OF MAILING OF NOTICE ATTACH CE~TIFIF. D MAIL RECEIPTS AODRES$ 799 815 012 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Return Receipt Showing P°stmFO- Date -~ t MAY 31994 X ~Y~ ~T~. '~.~, I1~ . being duly sworn, dcposes and says that on lhe ~ day of ~ ' , 1~ ~, deponent mailed a true copy of the Notice set forth on-the re- verse side h~reof, 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 ~he addresses of said persons as shown on the current assessmept roll of the Town of Southold; that said No~ices were mailed at the United S~ates Post Of- rice at ~b~ ~T~ ~. I I~ ;that said No~ices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this ;;r""- day of ~ ' I ..~-g -.: . .. ' "-' "¥ Notary Public · ~oTAIrf Iql~f~, S~ - (This side does not have to be completed on form transmitted to adjoining property owners.) Z Z7 · / /. [4 MAUL O~OTIO, H ~ Fool // / : I II I : ] l L_3 Il Io~.l TTF. ~y_./,, u e,; ~.A I.L, [ i I TH,9 ~ppu IOA'i' IO1-~ Proposod ,Rcsldcnce for: , . Mr. & Mrs. John CI~okosI : Orlc.~ Point "New YorkII KELLER. S~GREN ASSOC~ l0 MINEOLA AV]hNU]~ ROSLYN HEIGHTS N'Y 11577 (516) 621-6400 PHONE (516) 621-3004 FAX