Loading...
HomeMy WebLinkAbout4141BENNETT, ALICE 2.725__Soundv_iew A~ve.; Pecon. ic 68 1 10 --~a~cc~sory garage in frorrt~~-~ (represented b.,! Ward /~s~ociates, ?~ ^rcYritect~ APPEALS BOARD MEI~BERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TO WNOFSOUTHOLD BOARD FINDINGS AND DETERMINATION SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4141: Application of ALICE BENNETT for a Variance to the Zoning Ordinance, Article III, Section 100-33 (as amended December 1992) for the placement of an accessory garage in the front yard area with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue, Peconic, NY; County Tax Map Parcel ID #1000-68-1-10. WHEREAS, a public hearing was held on January 14, 1993, at which time all those who desired to be heard were heard and all statements were made a part of the written record; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and 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. The premises in question is located along the northerly side of Sound View Avenue at Peconic, Town of Southold, having a road frontage of 197.40 feet and 196.86 ft. frontage along the Long Island Sound. This parcel contains a total lot area of approximately 5-1/2 acres. 2. The subject premises is improved with a single-family dwelling structure with addition as shown on the sketch map prepared by Ward Associates, P.C. dated November 3, 1992. The dwelling is situated approximately 209 feet from the front property line along Soundview Avenue and 680, or more, feet from the high water mark along the L.I. Sound. 3. Article III, Section 100-33, as amended by Local Law No. 33-1992, provides as subsection C: C. In the case of a waterfront parcel, accessory buildings and structures may be located in the · ~.agd 2 - Appl. No. 4141 Application of ALICE BENNETT Decision Rendered January 14, 1993 front yard, provided such buildings and structures meet the front-yard setback requirements as set forth by this code... 4. The front yard setback provisions for this R-80 Zone District requires a minimum of 60 feet. In this appeal, the applicant requests a variance to place a proposed free-standing accessory garage building in the front yard at a distance at 48 feet from the front property line along Sound View Avenue and at not less than 20 feet from the westerly side property line. 5. The reasons for requesting this variance at the time of the filing the application on November 25, 1991, was due to the fact that accessory buildings were required to be located only in the rear yard (northerly yard area), although there was an amendment being discussed and proposed by the Town's Legislative Code Committee. Finally, a public hearing was held on Decem- ber 8, 1992, and the Local Law was adopted by the Southold Town Board on December 22, 1992. 6. To locate the accessory building with a setback at 60 feet or more would require the removal of several large oak trees which are located in the front yard and bringing a substantial amount of fill to the property. The area requested will not require removal of large trees or filling, and is compatible with the location of other similar buildings in the front area with the same or lesser setbacks to the road. 7. The curvature (radius 716.89 feet) of the road in an east-south direction also lends to the difficulties created and affects on visibility if the building were to be located further east in the front yard area. 8. It is the opinion of the Board Members that the areas chosen are not suitable, under the circumstances, and find that there are other areas which may be less offensive in general. 10. Also in considering this application, the majority of the Board finds: (a) that the relief requested is not substantial in relation to the new requirements, being a setback reduction from 60 feet to 48 feet; (b) that the reasons furnished by appellants are sufficient to warrant a grant of the variance requested; (c) there are no other alternative locations which would be more feasible for appellant to pursue, under the circumstances; (d) the location requested is not out of character of the immediate area; (e) Accordingly, on motion by Member Doyen, seconded by Member Wilton, it was . ~ag~ 3 Appl. No. 4141 Application of ALICE BENNETT Decision Rendered January 14, 1993 RESOLVED, that the relief requested to reduce the setback of a proposed 30 x 34 ft. accessory garage in the front yard area from 60 feet to 48 feet, under Appl. No. 4141 in the Matter of the Application of ALICE BENNETT be and hereby is APPROVED, 1. The side yard setback be not less than 20 feet; 2. The height not exceed~feet from ground to the top of the roof (13'4" mean height shown on the 11-6-92 plan prepared by Ward Associates, P.C.); 3. Use shall be for storage of three cars, as requested, and incidental storage purposes; 4. No plumbing; 5. Electric shall be permitted; 6. No cooking or habitable facilities; 7. Ail other provisions of the code must be complied with. Vote of the Board: Ayes: Messrs. Doyen, Wilton and Goehringer. Nayes: Members Villa and Dinizio. (Objection to variance relief to this newly adopted local law which was intended to provide for locations other than the waterfront side of the property, provided the principal setbacks are adhered to.) This resolution was duly adopted (3-2). GERARD P. GOEHRIN~ER, 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 $OUTHOLD NOTICE OF HEARINGS 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 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, 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 THURSDAY, JANUARY 14, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4141 - Application of ALICE BENNETT for a Variance to the Zoning Ordinance, Article III, Section 100-33 (and as amended December 4, 1992) for the placement of an accessory garage in the front yard area with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-1-10. 2. 7:35 p.m. Appl. No. 4146 - Application of FREDERICK E. HULSE, JR. and JOYCE HULSE for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate proposed addition with a reduction in the southerly side yard at less than the required ten (10) feet. Location of Property: 235 Sunset Lane, Greenport, NY; County Tax Map Parcel No. Page 2 - Notice of ~arings Southold Town Board of Appeals Regular Meeting of January 14, 1993 1000-33-4-49. The subject premises is substandard in lot area and is located in the R-40 Zone District. 3. 7:38 p.m. Appl. No. 4145 - Application of JOHN S. McGEENEY and EDWARD F. RODENBACH (as Trustee) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of a reduction of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South Side of Crescent Avenue and the north side of Avenue "B," Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown to substandard in lot area and is located in the R-80 Zone District. 4. 7:45 p.m. Appl. No. 4144 - Application of SPECTACLE RIDGE, INC. for a Variance to the Zoning Ordinance, Article III, Section 100-31A(1) for permission to establish second residential use in the proposed accessory barn building {located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992} as living area for family member or guests, and domestic servant (in one unit). Section 100-31A(1) provides for single-family use, not exceeding one dwelling per lot. Location of Property: 14990 Oregon Road, Cutchogue; County Tax Map No. 1000-84-01-02. The subject premises is zoned Agricultural-Conservation and contains a total area of 19+- acres. Page 3 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of January 14, 1993 5. 7:55 p.m. Appl. No. 4142 - Application of ADAM ASSOCIATES~ INC. for a Variance under New York Town Law, Section 280-A for approval of access for emergency and fire vehicles over a private right-of-way extending off the easterly side of Cox Neck Road, Mattituck in an east-west direction a distance of approximately 616.30 feet. The subject right-of-way is referred to on the County Tax Maps as part of Parcel No. 1000-113-14-11 and is situated 670+- feet north of the intersection of C.R. 48 (North Road) and Cox Neck Road. The parcels to which access is requested in this application is identified as County Tax Map Nos. 1000-113-12-10-1, 10.3, 10.2, 9, 8; (and Parcel No. 1000-113-14-11 restricted for park and recreation area use). All areas of access are located in the R-80 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. For more information, please call 765-1809 or visit our office. Dated: December 21, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRM3LN By Linda Kowalski x FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL , _. Date .'/'('h ........... ,19 ~.~..,. . .~ ~ . . g~.~. . ~, . . ....... .... PLEASE TAKE NOTICE that your application dated... ~ ............... 19 .~.~ ,oca,,on o~ e,o~er,y... ~ 2 ~... ~~ ~ ~oose ~o.~ X~i~t .......... County Tax Map No. 1000 Section .... ~..~ .... Block .... ~ ....... Lot ...~O. ....... Subdivision ................. Filed Map No. ~ ............... Lot No .................. is returned/herewith and disapproved on the following grounds...~..~....~..~~.. ; · Bu/~zng~Fnspecto~ - RV 1/80 RECEI~VED NOV TOWN OF SOUTHOLD, tli:W YORK Southold TownGlerk APPEAL FROM DECISION OF SUiLDING iNSPECTOR APPF~,L DATE .............................. ZONING BOARD C: APP~ALS TOVVN OF SOUTHOLD, N.Y. ..~...~ Name of .................................... ' .............. State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPE~0A ON WHEREBY THE BUILDING iNSPECTOR DENIED TO ..................................... ~ ..... MunicipaLity State Stree~ an~ Number ( ) PERMIT TO USE L 1. LOCATION OF THE PROPEA~ .................... ~'~l~t / Use District on Zonng Map 'District lOOO SectionGSBlock ~ Lot ~0 . ~ ................................................................................. burren~ ~ner Mop No. Lot No. Prior Owner 2. ' PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ]]Z[. Section 3. TYPE OF APPEALAppeoi is mode herew,th for (please check appropriate box) ()<) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previOUS appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (-) request for a variance .' and was made in Appeal No ..... FL~/-~ ............ !...Dated ...................................................................... ~EASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ()~) A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZI,~I (Continue on other side) ~EASC,Xj FGR ,.xPPE,.\L STRICT APPLICATION OF THE ORDINANCE ~.auid produce practical fJifficuine~ or un,notes- HARDSHIP because I~.~(l~"fJ~;'¢-,-~ ~",~IO~X.,.~C,6., t~ ~E~ O~ ~ ~. 2. The hardship created is UNIQUE and is not' sh'ored by atl oroperfies alike in the immediate · vicin,ty of this property and in this use district because ~ ~'~:~.-.~' L~zD-~S /,~o ~S 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~_2(~,%'T/X..~ ~'~::Dg~;P-.Ck~g~ ~(,~L4D/,4_)~-~ ~ STATE OF' NEW YORK COUNTY OF ~-~&/'~'~(. ss Signature OWNER TOWH OF, SOUTHOLD PROPERT~RECORD~.~ ._~ CARD VI LLAGE - SUB. LOT FORMER OWNER ~/,o sEAs. LAND IMP. VL. N FARM TOTAL DATE REMARKS AGE NEW FARM Tillable Woodland BUILDING CONDITION NORMAL BELOW ABOVE Acre Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD .2. id e~ DEPTH BULKHEAD ''~ ~ DOCK' COLOR TRIM P/~-- ~, ~:~'~0 Foundation cs ,c Bath Dinette M. Bldg. Extension Basement ¢.^w~ Floors Kit. Extension Ext. Walls Interior Finish L.R. . .~- Fire Place Heat D.R. Extension ~tio " Woodstove BR. Porch Dormer Breezeway Rooms 1st Floor Garage Driveway . Rooms 2nd Floor ; O.B.. Pool S,C.T,M. 1000-068,00-01,00-010,000 LAND N/F' I IVOCKLER .9 45° 56' 18" E N 43° 46' $0" FY 1063.12' LAND N/F E FREUND 94~46' ~UCT133.~ ~0 Tl~ NOTE: THiS SURVEY I$ FOR BUILDING DE?ART'MENT pURPOSES ONLY AND SHOULD NOT BE CON- .~IDERED A~ A TITLF SURVEY. 90391 MAP OF PROPERTY OF ALICE BENNETT SITUATE AT PECONICo TOWN OF $OUTHOLD SUFFOLK COUNTY, NY MEASUREMENTS US ~¢~L~_ ~ = Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD January 20, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mrs. Alice Bennett 2725 Soundview Avenue Peconic, NY 11958 Re: Appl. No. 4141 - Front Yard Location of Garage Dear Mrs. Bennett: Please find attached a copy of the Board's findings and determination rendered last Thursday night by the Board during our Regular Meeting. ' It will be necessary for you to directly contact the Building Department for issuance of appropriate permits or other documents before commencing construction activities. Copies of this determination have this date also been forwarded to the Town Building Department to update their records and to the Suffolk County Department of Planning (which has jurisdiction concerning projects located within 500 feet of waterways). Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor BOARD OF APPEALS TOWN OF SOUTHOLD BOARD FINDINGS AND DETERMINATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4141: Application of ALICE BENNETT for a Variance to the Zoning Ordinance, Article III, Section 100-33 (as amended Decen%ber 1992) for the placement of an accessory garage in the front yard area with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue, Peconic, NY; County Tax Map Parcel ID #1000-68-1-10. WHEREAS, a public hearing was held on January 14, 1993, at which time all those who desired to be heard were heard and all statements were made a part of the written record; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and 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. The premises in question is located along the northerly side of Sound View Avenue at Peconic, Town of Southold, having a road frontage of 197.40 feet and 196.86 ft. frontage along the Long Island Sound. This parcel contains a total lot area of approximately 5-1/2 acres. 2. The subject premises is improved with a single-family dwelling structure with addition as shown on the sketch map prepared by Ward Associates, P.C. dated November 3, 1992. The dwelling is situated approximately 209 feet from the front property line along Soundview Avenue and 680, or more, feet from the high water mark along the L.I. Sound. 3. Article III, Section 100-33, as amended by Local Law No. 33-1992, provides as subsection C: C. In the case of a waterfront parcel, accessory buildings and structures may be located in the Pa~e 2 - Appl. No. 4141 Application of ALICE BENNETT Decision Rendered January 14, 1993 front yard, provided such buildings and structures meet the front-yard setback requirements set forth by this code... as 4. The front yard setback provisions for this R-80 Zone District requires a minimum of 60 feet. In this appeal, the applicant requests a variance to place a proposed free-standing accessory garage building in the front yard at a distance at 48 feet from the front property line along Sound View Avenue and at not less than 20 feet from the westerly side property line. 5. The reasons for requesting this variance at the time of the filing the application on November 25, 1991, was due to the fact that accessory buildings were required to be located only in the rear yard (northerly yard area), although there was an amendment being discussed and proposed by the Town's Legislative Code Committee. Finally, a public hearing was held on Decem- ber 8, 1992, and the Local Law was adopted by the Southold Town Board on December 22, 1992. 6. To locate the accessory building with a setback at 60 feet or more would require the removal of several large oak trees which are located in the front yard and bringing a substantial amount of fill to the property. The area requested will not require removal of large trees or filling, and is compatible with the location of other similar buildings in the front area with the same or lesser setbacks to the road. 7. The curvature (radius 716.89 feet) of the road in an east-south direction also lends to the difficulties created and affects on visibility if the building were to be located further east in the front yard area. 8. It is the opinion of the Board Members that the areas chosen are not suitable, under the circumstances, and find that there are other areas which may be less offensive in general. 10. Also in considering this application, the majority of the Board finds: (a) that the relief requested is not substantial in relation to the new requirements, being a setback reduction from 60 feet to 48 feet; (b) that the reasons furnished by appellants are sufficient to warrant a grant of the variance requested; (c) there are no other alternative locations which would be more feasible for appellant to pursue, under the circumstances; (d) the location requested is not out of character of the immediate area; (e) Accordingly, on motion by Member Doyen, seconded by Member Wilton, it was Page 3 - Appl. No. 4141 Application of ALICE BENNETT Decision Rendered January 14, 1993 RESOLVED, that the relief requested to reduce the setback of a proposed 30 x 34 ft. accessory garage in the front yard area from 60 feet to 48 feet, under Appl. No. 4141 in the Matter of the Application of ALICE BENNETT be and hereby is APPROVED, 1. The side yard setback be not less than 20 feet; 2. The height not exceed i~ feet from ground to the top of the roof (13'4" mean height shown on the 11-6-92 plan prepared by Ward Associates, P.C.); 3. Use shall be for storage of three cars, as requested, and incidental storage purposes; 4. No plumbing; 5. Electric shall be permitted; 6. No cooking or habitable facilities; 7. Ail other provisions of the code must be complied with. Vote of the Board: Ayes: Messrs. Doyen, Wilton and Goehringer. Nayes: Members Villa and Dinizio. (Objection to variance relief to this newly adopted local law which was intended to provide for locations other than the waterfront side of the property, provided the principal setbacks are adhered to.) This resolution was duly adopted (3-2). GERILRD P. GOEHRIN~ER, C~I4~ DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H, KUNZ January 22, 1993 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Bennett, Alice Municipal File Number(s) 4141 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner SCOTT L. HARRIS SUPERVISOR FAX (516) 765 - 1823 TELEPHONE (516) 765 - 1800 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Present: HON. PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD January 14, 1993 GERARD P. JAMES DINIZIO, SERGE DOYEN ROBERT A. VILLA RICHARD C. WILTON GOEHRINGER, JR. (7:30 p.m. Chairman Hearing) LINDA KOWALSKI, Secretary-Clerk to Board APPLICATION NO. 4141 - ALICE BENNETT for a Variance to the Zoning Ordinance, Article III, Section 100-33 (and as amended December 4, 1992) for the placement of an accessory garage in the front yard area with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-1-10. 7:32 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a site plan indicating proposed location of the garage, which is approximately 48 feet from Soundview Avenue and 20 feet from the westerly property line. The garage is, the proposed garage, is 30 feet by 34 feet and approximately 17 feet 6 inches to the ridge. The architecture is somewhat that of a small soapbox and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard in behalf of this? How are you again, sir? Could you just state your name for the record? JOSEPH DIAZ, BUILDER: I represent Alice Bennett. THE CHAIRMAN: Okay. MR. DIAZ: The reason why we are asking for this less than the 50 feet is because of the angle of the road. If we go b~ck the required setback, we are going to lose about three or four nice beautiful red oaks, which I don't want to disturb if possible. Board of Appeals Page 3 1/14/93 Hearings THE CHAIRMAN: And you propose to put it on the west side rather than on the east side of the property? I have to know for the record why you don't want to put it on the other side of the property. MR. DIAZ: The other side -- we have the driveway, and another here. If we get into that area, we get into a big bunch of (inaudible). THE CHAIRMAN: Okay. THE CLERK: I would like to be able to pick everything up here (addressing Mr. Diaz, who is speaking inaudibly for record). MR. DIAZ: Sorry, ma'am. I would like to salvage what I could. THE CHAIRMAN: In looking at the property, there is a similar garage about 600 feet down-- MR. DIAZ: It was a one-car garage which was put into storage for her light crafts and the stuff that she does. THE CHAIRMAN: That is the one over closer to the house, yes. I just meant there is one in the area. MR. DIAZ: There is another garage east that is within 20 foot of the road, which is less than 300 feet down the road. If you want to go west, I think there is another one. I am not positive. There is another one pretty close. THE CHAIRMAN: Does anybody have any questions of Mr. Diaz? Board of Appeals Page 4 ~1/14/93 Hearings MEMBER VILLA: Yes. I looked at the property and my feeling was that if you pushed it back the 60 feet, which is 12 feet back, further, you have to take less trees down because of the driveway. That whole area is wooded. MR. DIAZ: Well, if you look at the map there, we pushed it back --there is a tree right now which is north of the driveway. If we push it back, it means that tree and the other tree has to go and he did not-- MEMBER VILLA (interposing): What other tree? MR. DIAZ: There is three more trees. MEMBER VILLA: You would only be taking one tree down-- MR. DIAZ (interposing): But there is more trees which we don't indicate. MEMBER VILLA: But there is a lot of trees in front of where the garage is placed right now, which would not be taken down. MR. DIAZ: Yes, well you have a 52 foot setback on the east end of the building, and your average is 55 and a half feet, or 55 plus. MEMBER VILLA: Yes, but it is the closest point that you go from. MR. DIAZ: It is an average; and if you go up the road 300 feet, you got a garage that is within 20 feet. I think the Building Department says anything within 300 feet because this is wetlands and front yard-- Board of Appeals Page 5 1/14/93 Hearings MEMBER VILLA: Wouldn't it be more attractive to have the garage closer to the house? MR. DIAZ: It may be, but we are going to lose a lot of trees which we don't indicate on the map. MEMBER VILLA: I looked at it and it is six of one and half a dozen of the other because if you push it further forward, you have more driveway and are taking out more trees in the driveway area. MR. DIAZ: They don't want to get it too close to the house. MEMBER VILLA: Well, it is only 12 feet. MEMBER DINIZIO: I looked at it as a swap kind of thing because the longer the driveway is, the more trees you take out; you push it back, sure, you lose that one tree, but you save all the other trees; so it looks to me like a swap. MR. DIAZ: We are going to take out some trees in the driveway, but they are small pin oaks. MEMBER VILLA: The whole thing is heavily wooded, no question. MR. DIAZ: I will answer to you and go by your decision. I gave you my opinion. THE CHAIRMAN: Is this a higher spot where you propose, Mr. Diaz? MR. DIAZ: Yes. It is more level, less excavation. But if you go to the north of that, there is a hollow there, a Board of Appeals Page 6 1/14/93 Hearings slight hollow that means bringing in fill and (inaudible). It doesn't show all the trees. MEMBER VILLA: I realize that. The whole thing is wooded, so you are losing trees no matter what you do. MR. DIAZ: Well, I am against losing too many good trees. Pin oaks, shrubs, stuff that is not too healthy, fine. But when you got oaks 16 and 18 inches around and 40 feet high and healthy, to me it is ridiculous. MEMBER VILLA: Well, the only problem I have with that is, once you build a building, it is there forever~ and the tree could be there today and we could have a storm, and tomorrow it might not be there. So those things happen. THE CHAIRMAN: I just wanted to ask Mr. Diaz --the upper level of this garage is, it is really a one-story garage. MR. DIAZ: One story. THE CHAIRMAN: Is there any room for any type of storage in that? MR. DIAZ: It is not planned for that. THE CHAIRMAN: It is going to be completely open. MR. DIAZ: Completely open. THE CHAIRMAN: And the only utility is the electricity in the building? MR. DIAZ: That's all. THE CHAIRMAN: Is there anybody else on the Board who has any specific questions? Board of Appeals Page 7 1/14/93 Hearings MR. DINIZIO: here for two feet? THE CHAIRMAN: is an R-80 zone. If I understand you right, you are No, it is a 60 foot setback because it MR. DIAZ: On one end of the garage the road goes on an angle, so we are averaging 55 foot. THE CHAIRMAN: It calls for a 12-foot variance. MR. DINIZIO: I know if you went to the cul-de-sac part of this driveway, you could not build. It slopes off pretty good there. THE CHAIRMAN: Is there anybody else who would like to speak? Thank you, sir. Anybody else who would like to speak in favor of this application? Anybody who would like to speak in favor of the application? (There was no response.) THE CHAIRMAN: Anybody who would like to speak against this application? Anybody who would like to speak against the application? (There was no response.) THE CHAIRMAN: Hearing no further comment, I make a motion closing the hearing and reserving decision until later. (Seconded and carried.) THE CHAIRMAN: We hope to have a decision for you t~night later if you want to sit back for a little while. We are going to play around with it after the other hearings on the calendar. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James DinizJo, Jr. Robert A. Villa BOARD OF APPEALS TOWN OF SOUTHOLD 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 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cum~ssion: XX Variance from the Zoning Code, Article III , SectionlO0-33 Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4141 Annlic._+. Alice Bennett Location of Affected [~nd:a}~25 Soundview Ave., County Tax Map Item No.: 1000- 68-1-10 Within 500 feet of: Peconic, NY __' lown or Village Boundary Line 'XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission to plaqe an accessory garage in the fro'nt yard area with a setback at less than the~quired 60 feet in the R-80 Zone District ~opies of Town file and related documents enclosed for your review. Dated: January 21, 1993 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor BOARD OF APPEALS TOWN OF SOUTHOLD January 20, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 "'t.~...C~ l..,~.l.'~.~ 1993 Mrs. Alice Bennett 2725 Soundview Avenue Peconic, NY 11958 Re: Appl. No. 4141 - Front Yard Location of Garage Dear Mrs. Bennett: Please find attached a copy of the Board's findings and determination rendered last Thursday night by the Board during our Regular Meeting. It will be necessary for you to directly contact the Building Department for issuance of appropriate permits or other documents before commencing construction activities. Copies of this determination have this date also been forwarded to the Town Building Department to update their records and to the Suffolk County Department of Planning (which has jurisdiction concerning projects located within 500 feet of waterways). Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning APPEA~-q 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 $OUTHOLD SUPPLEMENTAL NOTICE OF HEARINGS 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 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, 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 THURSDAY, JANUARY 14, 1993 commencing at the times specified below: 6. 8:00 p.m. Appl. No. 4140 - Application of J~OHN 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. 7. 8:05 p.m. Appl. No. 4147 - Application of DONALD E. FAHEY, JR. for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of existing deck constructed almost 20 years ago. This deck, under the current zoning regulations, does not meet the required rear yard setback for a substandard parcel in this R~40 Zone District. Location of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-64-5-32. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 14, 1993 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. For more information, please call 765-1809 or visit our office. Dated: December 21, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X Gerard P, Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa ~ehard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Copies to the following on or about 12/21/92: 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 L.I. Traveler-Watchman, Inc. (pers. delivery) Suffolk Times, Inc. (fax transmission) Mr. and Mrs. Fred Hulse 235 Sunset Lane Greenport, NY 11944 Ward Associates, P.C. 1500 Lakeland Avenue Bohemia, NY 11716 Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971-1412 Richard E. DePetris, Esq. P.O. Box 716 Aquebogue, NY 11931 Mr. John Sandgren Keller-Sandgren Associates 10 Mineola Avenue Roslyn Heights, NY 11577 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 ZBA Individual Files ZBA Members with copies from each file Original Legal Notice and Supplemental legal Notice Posted on Town Clerk Bulletin Board 12/21/92 Mr. Donald E. Fahey, P.O. Box 777 Eastport, NY 11941 Jr. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa ~ card ' BOARD OF APPEALS TOWN OF SOUTHOLD Nov . ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 25, 1992 · ~.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4141 Project/Applicants: County Tax Map No. Location of Project: Alice Bennett 1000- 68-1-10 2725 Soundview Ave.,'Peconic, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate garage in front yard on this waterfront parcel This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established bY law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516! 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: F ROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk November 25, 1992 ZONING APPEAL APPL. NO. 4141 - ALICE BENNETT Transmitted herewith is ZONING APPEAL APPL NO. 4141 - ALICE BENNETT together with a letter from Alice Bennett dated November 9, 1992, the Notice of Disapproval from the Building Department, the Notices to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of the Floor Plan & Elevations, and a copy of the Site Plan. Judith T. Terry Southold Town Clerk NOTICE OF HF~I~INGS NOTICE IS HEREBY GIVEN, below: 1.7:32 p.m. Appl. No. 4141 -- Application of ALICE BENNE*rT (and as amended December 4, 1992) Application of FREDERICK E. HULSE, JR. snd JOYCE HULSE 4. ~[~p.m. AppL No. 4144 -- Appl~n of SPECTACLE RIDGE~INC. for · Variance to the Zoning Ordinance, Artcle m, Sectien 1~-31A(1) for pe~ission to ~b~sh second ~sidend~ use proposed accesso~ barn building 0~at~ ~ ~c f~t ya~ a~a as ~r A~I. No. 4i32A, de,sion rcnder~ ~ovcm~r ~, 19~) ~ ~v~g a~a for family member or guests, and d~ mcsfic sc~ant (~ ore unit). Section 1~-31A(1) pm~dcs for Ry use, not ~ceeding one dwc~g ~r lot. ~afi~ of Pm~: 14990 Oregon Road, Cutchoguc; County Tax Map No. 1000-84-01-02. Thc subject pgmiscs is ~ncd Ag~cul* rural-Consolation and contains a to~l a~a of 1~ ac~s. 5.7:55 p.m. AppL ~o. 4142 Application of ADAM ASSOCI- ATES, INC. for a Variance under New Yo~ To~ ~w, Scion for ~ of access f~ ~ tim v~cles over a pfiva~ fight- ~-way ~g ~ ~e ~s~dy side of Cox Ne~ R~d. Mat~tuck ~ an nance, Article I]1, Section 1C0-32 fo~ cast-west direction a distence of ap-. tion with a r~uctinn/n the southerly side yard at less than the required ten (10) feet. Location of Property: 235 ?ms.et. L~ne, Greenport, NY; County Zone District. RODENBACH (as Trustee) for a th.e lot area of the ad~irtng ~arcel in this proposed lot-line cha~ge. ~*o- County Tax Map Parcel ID Nos is located in the R-80 Zone District proximately 616.30 fee~ The subject right-of-way is referred to on the County Tax Maps as part of Parcel No. 1000-113-14-I1 and is situated 670-~ feet north of the intersection of C.R. 48 (North Road) and Cox Neck Road. Thc parcels to which access is requested in this application is identi- fied as County Tax Map Nos. 1000- 113-12-10-1, 10,3, 10,2, 8, 9; (and Parcel No. 1000-113-14-11 restricted for park and recreation a~a usc). AR areas of access am lo~ated in the R-go Residential Zene District. The Board of Appeals witl at said time and place hear any and ail per: sons or representatives desiring to be heard in the above matters. Wrirtep comments may also be submitted prior to thc conclusion ~ the subject hearing. Each hearing will not start before thc times design·ted above. For more information, please call 765-1809 or visit our office. Dated: D~cembcr 21, 1992. BY ORDER OF THE SOUTtIOLD TOWN BOARD OF APPEALS GERARD p. GOEHRI~GE~ CRA]RMAN By Linde Kowalski 7590-1TD24 STATE OF NE~YORK) ) SS: COUNTY OF $~'~OLK) ~ ~ C~)t~)t~l ~ of Mattltuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUt~FOLK TIMES, · Weekly Newspaper, published at Mattituek, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the ennexed is a printed copy, him been ly published in said Newepnper once ceeb week for ~ weeks s~uccessi~rely, commencing on the d,y Sworn to before me thin~l~ day of ~-~~19~_ CI~ VOLINSKI NOtary Public, Sxate of New York No. 5004884 Qualified in Suffolk County ~MIt,~l~ion ExDi[es November 2~. ~9..Z. ;,~ SUPPLEMENTAL OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town L~w and the Code of the Town of $outhold, the following public he.~r- ing* will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, THURSDAY, JANUARY 14, 1993 commencing at the times specified. below: 6. 8:00 p.m. Appl. No. 4140 -- Application of JOHN CROKOS for a Variance to the Zoning Ordinance, AnJele X~II, Section 100-239.4A(1) for permission to locate structures within 100 feet of the top of the bluff along the Long Island Sc~nd. Loca- tion of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 10~0-14-2-$.] 1. 7. $:05 p.m. Appl. No. 4147 -- Application of DONALD E. FA- HEY, JR. for a Variance to the Zon- ing Ordinance, Article I]IA~ Section 100-30A.3 for approval of ex~sting deck constructed a~nost 20 yeav~ ago. This deck, under ~he currant zoning regulations, do¢~ not meet the required n:ar yard sethack for a sub- standard parcel in this R-40 Zone Dis- trier. Location of Property: 2675 Hobart Avenue, Scuthold, NY; Coun- ty T~ Map Parcel No. 1000~4-5-32. The Board of Appeals will at said time and place he~r any and all per- prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. STATE OF NEW YORK} } SS: COUNTY OF S~t~OLl~ ~4t~ ~0/~--t--/t'3 of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK T~l~'~, a weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the nnnexed i~ a printed copy, lure been regular- ly published in said New~paper once eneh week for ~ wceks_~uccessi~ely, c..o_~encing on the ~ ~ ~'~ day of.~2~/19 Principal Clerk 8worn ~9 before.me this__ dayof j~19 ~ BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, 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 THURS- DAY, JANUARY 14, 1993, com- mencing at the times specified low: 1.7:32 p.m. Appl. No. 4141- ~[ (' Application of ALICE BEN- ~x NETT for a Variance to th6! ~Zoning Ordinance, Article lit, ~ /Section 100-33 (and as amend- ed December 4, 1992) for the{ placement of an accessory garage in the front yard with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue,- Peconic, NY: County Tax Map Parcel No. 1000-68-1-10. -"'2. 7:35 p.m. Appl. No 414-~ Application of FREDERICK E. HULSE, JR. AND JOYCE HULSE for a Variance to the Zoning Ordinance, Article Ill, Section 100-32 for permission to. locate proposed addition with a. reduction in the southeasterly. side yard at less than the re~ quired ten (10) feet. Location of. Property: 235 Sunset Lane, Greenport, NY; County Tax Map Parcel No. 1000-33-4-49. , Thc sub)ecl premises is substan- dard in lot area and is located; in the R-40 Zone District. 3.7:38 p.m. Appl. No. 4145: Application of JOHN S2 McGEENEY and EDWARD E RODENBACH (as Trustee) for.~ a Variance to the Zoning Or- dinance, Article 111, Section · 100-32 for approval of a reduc- tion of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South side of Crescent Avenue and the north side of Avenue "Bi' Fishers Island, N.Y.; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown to substandard in lot area and is located in the R-80 Zone District. 4. 7:45 p.m. Appl. No. 4144- . Application of SPECTACLE RIDGE, INC., for a Variance to the Zoning Ordinance, Article Ill, Section 300-31A(1) for per; mission to establish second residential use in the proposed accessory barn building (located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992) as living area for family member or guests, and domestic servant (in one unit). Section 100-3IA(I) provides for single-family use, not exceeding one dwelling per lot. Location of Property: 14990 Oregon Road, Cutchogue; County Tax Map NO. 1000-84-01-02. The subject premises is zoned Argicultural- I Conservation and contains a total area of 19_+ acres.~ 5.7:55 p.m. Appl. No. 4142- Application of ADAM ~ASSOCIATES, INC. for a [ Variance under New York Town I Law, Section 280-A for approval of access for emergency and fire vehicles over a private right-of- way extending off the easterly side of Cox Neck Road, Mat- tituck in an east-west direction a distance of approximately~ 616.30 feet. The subject right-of- way is referred to on the Coun- ty Tax Maps as part of Parcel No. 1000-113-14-11 and is situated 670_+ feet north of the intersectiqn of CR 48 (North Road) and Cox Neck Road. The parcels to which access is re- quested in this application is identified as County Tax Map Nos. 1000-113-12-10-1, 10.3, 10.2, 9, 8; (and Parcel No. 1000-113-14-11 restricted for park and recreation area use). All areas of access are located in the R-80 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 each of COUNTY OF SUFFOLK STATEOF NEW YO Patricia Wood,' being duly sworn, says that she is the Editor, o( THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of wilich the annexed is a printed copy, Il,ts been pt~blisl~ed in sitid I_ong Island Traveler-Watchman once c,lch week fm. ................... /~, ..... weeks Swoln h) behwe IlrC ~his ~- ~ day of ......... . , ', 9 , Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of k'ew York No. Qualified in SuRoik Courtly C.ommission Expires merits may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time~ designated above. For more in: formation, please call 765-1809 or visit our office. Dated: December 21, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski.f IX-12/24/92(55) BOARD OF APPEALS TOWN OF SOUTHOLD SUPPLEMENTAL NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, 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 THURS- DAY, JANUARY 14, 1993, com~ mencing at the times specified below: 6. 8:00 p.m. Appl. No. 4140- Application of JOHN CROKOS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate struc- tures within 100 fet 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. 7. 8:05 p.m. Appl. No 4147- Application of DONALD E. FAHEY, JR. for a Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3 for ap- proval of existing deck con- structed almost 20 years ago. This deck, under the current zoning regulations, does not meet the required rear yard set- back for a substandard parcel in this R-40 Zone District. Loca- tion of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-64-5-32. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more in- formation, please call 765-1809 or visit our office. Dated: December 21, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD 01: APPEALS L~IR&RD IL G()EHRINGI K Ctt.~d R M -\", SI'Al E OF NI=_W Patricia Wood, being duly sworn, says that she is the Edilor, of~-['HE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ;Ind that tile notice of whicl~ tile annexed is a printed copy, has been pLH~lished in said I.ong Island Tr;~veler-Watchm;m once O',lOll wcek 1Ol ...................... / .... xveeks successivei,y, commencing on the ........... '~ ....... Swtl~n lo before me this ..... ................ ~.2.~ "~ clay of , 9 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No, 480'6-346 Qualified in Suffolk County C~mmission Expires o~/3~/q¥ 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 SOUTHOLD 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office at the above telephone number, or to stop by between 8:00 a.m. and 4:00 p.m. Monday through Friday, if you have any questions or wish to update your file prior to the day of the hearing. Attachment (Legal Notice) Pg 3 - 12/22/92 1.-Moved by Councilman Penny, seconded by Councilwoman Hussie, WHEREAS, there was presented to the Town Board of the Town of Southold on the 10th day of November, 1992, a proposed Local law No. 33 - 1992 entitled, "A Local Law in Relation to Accessory Buildings"; and WHEREAS, this proposed Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for recommendations and reports; and WHEREAS, a public hearing was held on this proposed Local Law on the 8th day of December, 1992, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVED that the Town Board here enacts Local Law No. 33 - 1992, which reads as follows, to wit: LOCAL LAW NO. 33 - 1992 A Local Law in Relation to Accessory Buildings BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning).of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-33 (Accessory Buildings) is hereby amended by addinq thereto Subsec,tidn C to read as follows: C. In the ~:ase of a waterfront parcel, accessory buildings and ~tructures may be located in the front yard, provided sucl~ ~uild..ings and strucutres meet the front-yard set back requirements as set forth by this code. II. This Local Law shall take effect upon its filing the Secretary of State. * Underscore represents addition(s) LEGISLATIVE INTENT Recognizing that it is not always in the best interest of the Town, environmental and otherwise, to permit accessory buildings or structures to be placed in the rear yard of, waterfront parcels, while at the same time recognizing that the owners of these parcels should enjoy the same rights to utilize their property as do owners of non-waterfront parcels, the Town Board seeks, through this amendment, to permit owners of waterfront parcels to place accessory structures within the building envelopes of their front yards. 1.-Vote of the Town Board: Ayes: Councilwoman Hussie, Councilman Lizewski, Councilman Penny, Justice Edwards, Supervisor Harris. No: Councilman Wickham. This resolution was declared duly ADOPTED. COUNCILMAN WlCKHAM: l'd just like to say there is already a means by which people can do this. It's established through an appeal to the Zoning Board, and I feel that the current system affords more protection for the people living across the street from these waterfront homes, than would be the case here, so I don't support this. 2.-Moved by Councilwoman Hussie, seconded by Supervisor Harris, WHEREAS, there was presented to the Town Board of the Town of Southold on the 10th day of November, 1992, a.proposed Local Law No. 34 - 1992 entitled, "A Local Law in Relation to Affordal~le Housinc~"; and WHEREAS, this proposed Local Law was referred to the Southold Town Planning Board and Suffolk County Department of Planning for recommendations and reports; and WHEREAS, a public hearing was held on this proposed Local Law on the 8th day of December, 1992, at which time all interested persons were given an opportunity to be heard; now, therefore, be it ' RESOLVED that the Town Board hereby enacts Local Law No. 34 - 1997, which reads as follows, to wit: LOCAL LAW NO. 3~ - 1992 A Local Law in Relation to Affordable Housing BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 100-51 (Definitions) is hereby amended to read as follows: MODERATE-INCOME FAMILY DWELLING UNIT - A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the 'maximum rent or maximum sales price set forth in Section 100-56E hereof. In no event shall the purchaser of said dwelling unit be responsible for the paymenl of any utility hook-up fees including those customarily charge I ~or bringing same from the lot line to the dwellinc~ house. 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 December 15, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road PO. Box 1179 Southq]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mrs. Alice Bennett 2725 Soundview Avenue Peconic, NY 11958 Re: Appl. No. 4141 - Variance for Garage in the Front Yard Dear Mrs. Bennett: Since the filing of your variance application, the Town Board adopted a new local law which would permit the location of accessory (garage) buildings in the front yard areas of waterfront parcels, provided that the setbacks meet the same setback requirements as a principal dwelling; i.e. 60 feet from the front property line in the R-80 Zone District and 20 feet from the side property line (as a minimum). This local law was adopted on December 8, 1992, and is expected to become effective any day now. If you would like to withdraw this variance application on file and request a refund of the $300.00 filing fee, please contact us immediately. Very truly yours, cc: Ward Associates Linda Kowalski ~age~.3 - Appl. N~4141 Application of A~E BENNETT Decision Rendered January 14, 1993 RESOLVED, that the relief requested to reduce the setback of a proposed 30 x 34 ft. accessory garage in the front yard area from 60 feet to 48 feet, under Appl. No. 4141 in the Matter of the Application of ALICE BENNETT be and hereby is APPROVED, 1. The side yard setback be not less than 20 feet; 2. The height not exceed ~eet from ground to the top of the roof (13'4" mean height shown on the 11-6-92 plan prepared by Ward Associates, P.C.); 3. Use shall be for storage of three cars, as requested, and incidental storage purposes; 4. No plumbing; 5. Electric shall be permitted; 6. No cooking or habitable facilities; 7. Ail other provisions of the code must be complied with. Vote of the Board: Ayes: Messrs. Doyen, Wilton and Goehringer. Nayes: Members Villa and Dinizio. (Objection to variance relief to this newly adopted local law which was intended to provide for locations other than the waterfront side of the property, provided the principal setbacks are adhered to.) This resolution was duly adopted (3-2}. 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART i--PROJECT INFORMATION (To be completed by Aoplicant or Project sponsor) ''AFP'"GAN"tBPO'S'RAu I''PR°'ECTNA''E 3, PROJECT LOCATION: I5. IS PR OSED ACTION: ~Naw [~ Exoansfo~ r~ Modlflcatlonlalteration 6. DESCRIBE PROJECT BRIEFLY: 9. wH IS PRESENT ~NO USE IN VtCJNITY OF PROJE~ , ~esiaenltal ~ Industrial ~ CommerCial ~ Agriculture ~ Par~ForesUO~en s~ace ~ Other ~t~ ~ ~ ~LS ~ T~~ ~ ~T~D I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete tr~e Coastal Assessment Form before procoeding with this assessment OVER 1 .(Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires of ' = ' ' submission thls ~orm, and an environmental revxew will be mdde by · before any action is taken, this Dosed S~HORT ENVIRONM£NTAL ASSESSME~IT FORM INSTRUCTIONS: (a) in order to answer the questions in this short EAF it is assumed that the prepare.r will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or Physically.alter more than 10 acres of land? ' 2. Will there be a major change to any uniaue or un~ual land form on the site? ' ~Yes ~ No 3. Will project alter or have a large effect on an existing body of water? Yes No 4. Will project have a po=entially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? .,__Yes ~ No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircemental area by a local agency? . Yes ~_~No 10. Will project have a m~jor effect on existing or future recreational opportunities? ~es 11. Will project result in major traffic problems or cause a major effect to existing transportation .' ' systems? · 12. Will pro~ect reguia~y cause objectionable odors. noise, glare, vibration, or electrical disturb. ance as a result of the project's operation? ~Yes ~,~No 13. Will project have any impact on public health or safety? project? QUESTZCNNAIRE FOR FILI~;G 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 es:ate mar~e: ~or sale or being shown to prospective buyers? { } Yes (~ No. (~f Y~s, pl~sa a~h ~ ~ "con~n~" of ~e.) { } Yes {~} No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland ~eas~,show~ on the map s~mi~ted with ~his application? ~0 ~ 3. is the property bul~eaeed bgSween'the w~tlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the To~Trustees for its dete~ination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed qq~struction at or below five feet above mean sea level? ..~ (If not applic~le, state "N.A.") F. Are th~ any patios, concrete barriers, bulkheads or fe~ which e~t ~ are not ~h~ ~ ~ survey map that you ~a s~mitting? O~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~0 If yes, please submit.a copy of your building pe~it and map as approved by the Building Depar~ent. If none, please state. H. Do you~gr any co-owner also own other land close to this parcel? ~O If yes, please explain where or submit copies of deeds. I. Please list present qse or operations conducted at this parcel ~;ADC~_~ ~/~tlL~ ~--'~l~)~;,D~a and propose~ use ~F~%~- § 97-13 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou~hold. [.&tided ~5-84 by L.L. No. 6-1984] W'ETL~.~FDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- · ' DAL WETLANDS: . (I) Ali lands generally covered or in~rmitlently cov- ered with. or which border on. tidal wa~. ar lands lying beneath tidal waters, which at mean low ~ide are covered by tidal walers ~ a maximum depth of five (5) feet. including but not limited m ban~. bogs. salt marsh, swamgs, meadows. ~a~ or o~her low lying lands subject ~ tidal aation; (2) All banks, bogs. meadows. ~aa and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~ salt hay. black grub. saltwort, scs l~vender. ~11 cord~ass, high bush. cat,ils, groun~eL ~nl}o~ ~d ~ (3) All ~d immediate~udjacent~ a tidst W~iand as defined in Subsection A[2) and lying within seven- ty-five (75) feet landward of the most ]andward edge of such a tidal wet[and. B. FRESHWATER WETLANDS: (I) "Freshwater wetlands" as defined in Article 24. tie 1. ~ 2~I-0107. Subdivisions l(a) ~ I(d) inclusive. of thc Environmental Conservat{on Law of the S~te of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with° in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 Alice Bennett 2725 Soundview Avenue Peconic, New York 11958 November 9, 1992 Zoning Board of Appeals Town of Southold Main Road, Town Hall Southold, New York 11971 Re: Accessory Structure (Garage) Variance to Article III, Section 100-33 Property of Alice Bennett, Peconic Gentlemen: Enclosed please find an application for a varriance to the Town Zoning Code for the placement of an accessory structure (garage) in the front yard of my Long Island Sound front lot, Soundview Avenue, Peconic. Attached are the following documents: 3. 4. 5. 6. 7. 8. Notice of Disapproval, 11-04-92, Building Inspector. Application Form Notice to Adjacent Property Owners Form. Environmental Assessment Form Z.B.A. Questionnaire Site Plan and Building (Garage) Plan Original and 3 prints of Survey Filing fee, $300. Thank you for your consideration. Very truly yours, Alice Bennett, Owner / Applicant ~' R--80 R--80 COUNTY OF SUPFOLK TOWN CLERK TOWN OF SOUTHOLD SuffolkCounty, NewYork Phone §16-765-1801 Southold, New York 11971 Date 45078 Judith T. Terry, Town Clerk DRAWING TITLE ARCHITECT ~/ARO ASSOCIATES,P.C. t500 LAKELAND AVENtlE BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town nf Southntd TO: NOTICE TO ADJACEHT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: "'- 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southo'l~~ to requesta(~rianceJ)(SpeciaI Exception) (Special Permit) (Other) [circle choice] -\ 2. That the property which is the subiect of the Petition is located ad acent to your property and is des- cribed as follows: - cm ~3. That the property which is the subject of such Petitio'n is located in the following zoning district: 4 That h'~ such Petition, the undersigned will request the following relief: C--c~LD'S'71~.~ C"~' I~ · 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section /(~DC_~ ' ~,~ [ ] 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, Soothold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That hefnre 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, n6wspapers 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. Oared:' h au, l qa. .. , .' Petitioner Owners'Names: Post Office Address [Copy of sketch or plan purposes.] showing proposal to be attached for'convenie'nce..'i. PROOF OF MAILINC~ OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p 264 202 485 RECEIPT FOR CERTIFIED MAIL "' (See Reverse) P 264 202 RECEIPT ~or; MAIL COUNTY OF SUFFOLK of ~1~ ~ ,]9 ~ , depon~nl m~iled a lrue copy of ~he Notice 5e[ forth on the re- verse side hereof, directed to each of lhe above-named persons a~ [h~ addresses set opposile lheir resp¢c~[ve names; that the addresses 5e~ opposite the names of said persons are ~he addresse~ of said persons as shown on IbC ¢urren~ assessment roll of lhe Town of Sou~hold; that said Notices were mailed a~ the United S~a~es Post rice al ~'0 ~0~ ;that said Notices were mailed lo each of smd persons by (~fie~(regislcred) mail. Sworn to before me this =$~ 7-// day °f ~2J~2~u~,19 ?4 Notary Publl~/ KAREN W. BOFROESSON NOTARY PUN. IC, ~ate No. 4J42ll0 (this side does not have to be completed on form transmitted to adjoining property owners.) 'fl4'2, drawing drawn by: checked by: CT,"- ~ date: scale: drawing number: ~ 1 o~ 7 r~f. no.: