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HomeMy WebLinkAbout4153 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD 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. 4153: Application of MR. AND MRS. CHARLES A. BURST for a Variance to the Zoning Ordinance, Article III, Section 100-33 (as amended December 1992) for permission to locate an accessory garage building in the front yard area with a reduced side yard setback. Location of Property: 705 Windy Point Road (private road #12), Southold, NY; County Tax Map Parcel ID #1000-87-4-6. This parcel is preexisting with nonconformities as to total lot area, lot width and principal setbacks in this R-40 Zone District. WHEREAS, a public hearing was held on February 23, 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. This is an appeal of the February 5, 1993 Notice of Disapproval by the Building Inspector for a variance to build a detached garage in an area other than the required rear yard. 2. The premises in question is situated at the end of Windy Point Road (a private road), which extends southerly from Bayview Road, Southold. The property is zoned R-40 Low-Density Residential Zone District and contains a total area of approximately 10,000 sq. ft. 3. A map has been submitted with this application showing an one-story, single-family dwelling structure set back 107+- feet from the northerly (front) property line and approximately 30 feet from the rear (southerly) property line along Corey Creek. ~Page 2 - Appl. No.1~53 Application of MR. AND MRS. CHARLES BURST Decision Rendered February 23, 1993 4. Article III, Section 100-33, as amended December 22, 1992 by Local Law No. 33-1992, provides at subsection C: ...C. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided such buildings and structures meet the front-yard setback requirements as set forth by this code... 5. The front yard setback provisions for this nonconforming parcel in an R-40 Zone District requires a minimum of 10 feet. In this appeal, the applicant requests a variance to place this proposed free-standing accessory garage building in the front yard at a distance 35 feet from the front property line along Sound View Avenue and at four feet from the westerly property line. 6. Some of the reasons for requesting are: (1) the property is very narrow extending at a width of 35 feet in the front yard along the right-of-way; (2) to locate the accessory building with a setback at 10 feet or more would create limited access to the dwelling and would reduce the amount of usuable · yard area. ~7. It is the opinion of the Board Members that the general area, with a setback at five feet (instead of the requested four feet) is better, under the circumstances, and agree with the reasoning of the application that there is no other area which is less offensive. 8. Also in considering this application, the majority of the Board finds: (a) that the relief requested is substantial in relation to the new requirements, being a setback reduction from 10 feet to 5 feet; (b) that the reasons furnished by appellant 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 and will not create an adverse effect or impact on the physical or environmental conditions in this district; (e) the difficulty was not self-created. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED, that the relief requested to reduce the setback of a proposed 16 ft. wid~ x 24 ft. deep accessory garage in the front yard area from 10 feet to 4 feet, BE AND HEREIN IS DENIED, and BE IT FURTHER Page 3 - Appl. No. Application of MR. AND MRS. CHARLES BURST Decision Rendered February 23, 1993 RESOLVED, that alternative relief to reduce the setback of this proposed 16 ft. width by 24 ft. deep accessory garage in the front yard from 10 feet to five (5) feet, under Appl. No. 4153 in the Matter of the Application of CHARLES BURST be and hereby is APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The side yard setback be not less than FIVE (5) feet including overhang(s), and not less than SIX (6) feet to the foundation wall of the building; 2. The height not exceed the height shown on the plan submitted with this application (at 20.6 feet) from ground; 3. Use shall be for 9arage purposes, as requested, and the second floor shall be only for storage purposes incidental to the garage use; 4. Electric shall be permitted; 5. No cooking or habitable facilities; no living or sleeping quarters; 6. Ail other provisions of the zoning code must be complied with. Vote of the Board: Ayes: Goehringer, Villa, and Dinizio. adopted. Messrs. Doyen, Wilton and This resolution was duly lk ×-'GERARD P. GOEHRINGEI~, CHAIRM~N ECEIVED AND FILED B.Y TIiE SOUTiiOLD TOVfN C~il( DATE . Town Clerk, Town of Sou%hold 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 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, 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 TUESDAY, FEBRUARY 23, 1993 commencing at the times specified below: 1.. 7:32 p.m. Appl. No. 4148 - Application of CHRISTOPHER AND HEIDEMARIE GRATTAN for a variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a reduced (southerly front yard) setback from a private right-of-way which intersects with Horton's Lane. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 51,603 sq. ft. in this R-40 Residential Zone District. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 54, Block 7, Lot 18.8 (previously part of 18.5 and 18) and is shown on the Minor Subdivision Map of Louis Ramunni approved May 30, 1973. Property Location: 6305 Horton's Lane, Southold, NY. Page 2 - Notice of ~rings Southold Town Board~Sf Appeals Regular Meeting.of February 23, 1993 2. 7:35 p.m. Appl. No. 4149 - Application of MARTIN BUSSANICH requesting a Special Exception for an Accessory Apartment in an~existing principal dwelling structure all in accordance with the provisions of Article IIIA, Section 100-30A.2(B-1) and Section 100-31(B-14). The subject premises is located in the R-40 Residential Zone District and is improved with a single-family dwelling constructed prior to January 1, 1984. Property Location: 430 Grigonis Path, Southold, NY; County Tax Map District 1000, Section 70, Block 3, Lot 8; ~lso identified as Lot ~8 on the Map of Harvest Homes Estates, Section I. 3. 7:40 p.m. Appl. No. 4150 - Application of ROBERT AND ANNA FINORA for Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk and Area Schedule) for permission to locate: {1} proposed addition at the west side of existing dwelling with a reduction in the side yard; {2} proposed addition at the east side of existing dwelling with a reduction in the front yard. This property is a corner lot as defined by Section 100-13, is nonconforming as to total lot area, lot width, and principal setbacks in this R-40 Zone District. Property Location: 795 East Legion Avenue and bounded on the east by Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3, Lot 32; also shown on the Subdivision Map of Harry DePetris as Lot #14. Pag~ 3 - Notice ~Hearings Southold Town Boardof~ Appeals Regular Meeting.of February 23, 1993 4. 7:45 p.m. Appl. No. 4153 Application of MR. AND MRS. CHARLES A. BURST for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A and Section 100-33 for permission to locate an accessory garage building in the front yard area with a reduced side yard setback. Location of Property: 705 Windy Point Road (private road ~12), Southold, NY; County Tax Map District 1000, Section 87, Block 4, Lot 6. This parcel is preexisting with nonconformities as to total lot area, lot width and principal setbacks in this R-40 Zone District. 5. 7:50 p.m. Appl. No. 4155 - Application of MARY P. FURLONG and others for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for. approval of a porch addition with an insufficient rearyard (as built in 1966). Property Location: 174'5 Nakomis Road at Laughing Waters, Southold, NY; County Tax Map District 1000, Section 78, Block 3, Lot 35. This parcel is preexisting with nonconformities as to total lot area in this R-40 Zone District. 6. 7:53 p.m. Appl. No. 4154 JAMES R. LEWIS (for EAST END MARINE SUPPLY INC., Tenant). Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to locate a new warehouse building for commercial storage in this Light Industrial (LI) Zone District with lot coverage in excess of thirty (30%) percent of the total lot area. Subject premises consists of combined County Tax Map Lot Nos. 1 and 44.1 (previously referred to as Numbers 2 and 3 and abandoned Page 4 - Notice of ~rings Southold Town Board~of~ Appeals Regular Meeting.of February 23, 1993 sections of 8th St. and 7th St.), for.a total lot area 67,124 square feet. Street Address: 645 Ninth Street, and Corwin Street, Greenport, Town of Southold, NY. County Tax Map District 1000, Section 48, Block 2, Lot Nos. 1 and 44.1 (All to be combined as a single lot for purposes of zoning). 7. 8:05 p.m. Appl. No. 4151 - Application of EDWARD F. RODENBACH, as Trustee~ requesting a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate a proposed new dwelling within a building envelope area having a reduced rear yard setback at not less than 20 feet and conforming side yards and front yard setbacks, after removal of the two existing cottage structures. This parcel is the subject of an application, simultaneously held this evening, for an exchange of property with the northerly lot, to increase the lot area of this parcel from 20,452+- sq. ft. to 28,957+- sq. ft. Property Location: North Side of Avenue B, Fishers Island, Town of Southold, NY; County Tax Map District 1000, Section 6, Block 2, Lot 6 and part of 5. 8. 8:10 p.m. Appl. No. 4145 (Continued from 1/14/93). Application of JOHN S. McGEENEY and EDWARD F. RODENBACH, as Trustee, for a Variance under A~ticle III, Section 100-32 to ~educe lot area of combined Lot Nos. 5 and 13 (owned by McGeeney) for an exchange of property with Lot 6 (owned by Rodenbach, Trustee) in this pending lot-line request. The northerly parcel will consist'of a total combined area of Nos. 5 · Page 5 - Notice ~earings $outhold Town BoaT~ of Appeals Regular Meeting.of February 23, 1993 and 13 of 61,817 (4356+- sq. ft. and 57,461+-) square feet. The southerly parcel will consist of a total lot area of 28,957+- square feet. Location of Property: Avenue B and Crescent Avenue, Fishers Island; County Tax Map Parcel ID Numbers 1000-6-2-5, 6 and 13. Combined Lot Numbers 6 and 13 as exists is substandard, and Lot ~5 is substandard. Both lots are located in the R-80 Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: February 9, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TO$~N CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL . . . .~. .~ . ~/~-~., . .~.,. .~, .,// ~ ~ PLEASE TAKE NOTICE that your application dated ... ~./.~.. ........... ..... 19 ~.-~... ,o~ ~,~ ~o ~,~..~. ~.~.~. ~~~~... a~ HousdJVo. ff /. ~ County Tax Mae No. ]000 Section ...... E:~ .... mock . .~. Lot . ~. .......... Subdivision ................. Filed MapNo ................. Lot No .................. is returned herewith and disapproved on the following grounds . .. . .~..~./~..o.:.~..~.~. ..... ~.~.~.,..~.) :.. ~.~~' ..... ........... .. · '~' ~~"~"~'"'V:'":: ..... :':'~' ~"~' ~'~: .... :.~.~.~ .... ~..~~.. ~...~. ~. y~, ~.. RV 1/80 Examined ~ , FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Approved ................. 19... Permit No ............ ...... (Building Inspector) APPLICATION FOR BUILDING PERMIT )~'~RD OF HEALTII ......... SETS OF PLA:iS .......... SURVEY ................... CII£CK .................... SEPTIC F O R,'I .............. NOTIFY: CALL ................... HAIL TO: INSTRUCTIONS a. This application must be completely filled in by typewriter orin ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets · or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. ¢. The work covered by this application may not be commenced before issuance Of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy ghall have been granted by the Building Inspector. . APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Bu/tding Permit pursuant to the 3uilding Zone Ordblance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or .~egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. ['he applicant agrees to comply with all apphcable laws, ordinances, bufldhag code, housing code, and regulations, and to ~dmit authorized~_ inspectors on premises and in bulldog for necessar~/irks).~ections..' '~-~'-~-- .~ ............... .~,~ ~:~._~...~ (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is O lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises ........ ~ ...................................... (as on thc tax roll or latest deed) !f applicant is a corporation, signature o£ duly auth, orized o£ficer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... E ectncjan s Lmense No ................. '~7- .... Other Trade's License No . : ~' .............. ..... , .. , ,. . L~cat~f~and~nwhich~r~p~s~dw~rkwi~be~d~ne~ ~/~kq~/~?~ /~7- ~///~/~//// ~ ,- .... . .... ............... ...... House Number Street '. ........... h.~l'l~ i .......... · , ; ty T · Coun ax Map No. I000 Section Block ' Lot bdi Fil d Map L ' Su vision · .................... e No ............... ot ....... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~4~.f.~'./~ .~..~.~.-~.. · nte e use an o ant ...... 3. N~ture of work (check which a able): New Building .......... Ad ~-~?~. -~<% /alteration .......... Repair .............. Removal .............. Demolition . .'~' ..... :~.... ' · -YO thor Work ............ 4. Estimated Cost . (.xfl~.'~/ ~ ' ' (Description)' (to be paid on filing this application) 5. If dwelling, number of dwelling units .............. Number of ', · · If garage, number of cars . / . dwelhn~ umts on each floor. 6. If business, commercial or mixed occupancy specify nature anti extent of eac 7. .h, type of use ........ ~" D~menmons ot ex,sting structures, if any: Front..'-~XfiT.. ~ Rear i~: '.~' ' :' '-gL'; ........ ....... NumberorSto es.. .., .... ii iii. · ............ epth .? ....... Dimensions of same structure with alterations or additions: Front ...... : ................................ Depth ................ He ,,h~ ...... ;' .........Rear 8. Dxmenmons of entire new ......... ' ~- ,_ ~ ............. umber of Stories. H '0 ot z~ ....... ~don.~ront..!~ .... Rear g~ .......... J''"; ...... e~oht a~. .... ~ ...... ·-NumberofStories ~ ...... ' ............ Depth ~.~. ........... 9. Size of lot Front ~..~2. ~.~ , '2 ........ ''~ " .......... .3 ..... Sear ~'~' ' .............. : ....... :z ', -,' v ................ I0. Date of Purchase .~z,~m -~..-7. g~.~. · ' .................. Depth ~r.~.! ......... Name of Former Owner .~,z4 .~..~)ig ~.~ii ........... 11. Zone or use district in which premises are situated ............. . i ......... · .......................... 12. Does proposed construction violate any zoning law, ordinance or re,'ulatm ........ 13. Willlot be regraded ~. o ' n: ..... . ........ .... ' .... ~,'/· · 'r · · · ~..~ ....... Will excess fill be removed fro premises' Yes ' 14. ~ameo[ .Uw.n.e.rofpremises~l.~../y.5.../3t .~.t.,!~.gTAddressT.¢A~.--[2vr~.. ~643¢~,~- . '~,e~<- ~ __ No l~ame ot Arcnitect . ' '.~ ' ..... ~. .T'~.n"&rnone ~40. A~. ~7.~.~.':f.'~. . ' ....................... ~uuress Name of Contractor ~4.~.~_3~,'~ ,,~ L~.'.~%: .... ~' ...... ... Phone No ......... 15. Is this property within 300 '~'t' ~'~' ~' 't'i'~'~u-a--r?? ~/~z~..~(q.Q.. ~., .~.. Phone No. ~. Z .7:.?~.=~.' 3 .... ~ax wet,anco. *Yes' ~ M~ '' '' .... ' · If yes, Southold Town Trustees Permit may be ....... " .......... required. .... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property I/nes. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. .... . Lc r l.e: s c : ' U t ..... . .: ~- · · ~L.i .......... ~ ....... being duly sworn, deposes and'says that he is the applicant (Name of~ndividual signing contract) ore named. · is the (Contractor agent; corporate officer ere ) ' ' said OWner or owners, and is duly authorized to perform or have performed the said work and to make and file this ~lication; that all statements contained in tiffs application are true to the best of his knowledge and belief; and that the ~rl< will be performed in the manner set forth in the application filed therewith. 'om to before me this '" -....~-~. :..,~ .... day of c,,,, ...... {--~-~- ~ lO c~ / ....... ' .... tary Public~. ~.~. ~fi)~. ~.-..(~.. K/¥-2-~f.~ ' Count' / - ~' ' ' · ' CLA,RE . m ..... .... . / NO, ~79~5_ a J ............................. ~al~lnSuff~k~u~ ~ ..:'':' ''1 ......... ' ~m~ 8, ~9 /~]gnature ola ' ~mi~n ~ D ~ pphcant) RECEIVED ,~tke(d T'own Clerk TOWN OF SOUTHOLD, t4EW YORK APPEAL FROM DECISION OF 5UILDING INSPECTOR ^PP L DATE .............................. TO '~HE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD. N. Y. ,, (We, .C,~/..'.~ .., c,,~,:,! ~4rof ~ cA~ ............. : ............................ ........................................................ Stree* and Number Name of Appedont ........................................................... ............... State Mun~ctD~i~ty THE ZONING BOAR~ OF APPEALS FROM THE DECISION OF THE BUILDING INSPE~OR ON APPLICATION FOR p~RMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DEFilED TO ............ Name of Applicant for permit Street end Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUP~ 1. LOCATION OF THE PROPER,, ,~¢.t5.~.[/.. S..~.ree~)-~am.-;*¥~[-.F..--0~;"~';'~;'~";~"]o~,~g '~ 'District 1000 Section~]Block ~Lot ~ r ..... - ~ner Mop No. Lot No. Prior Owner ~. P~OVISION (Si OF THE ZONING ORDINANCE APP~LED (Indicate the Article Section, Sub- section and~mDraPh of the Zoning Ordinance by number. Do not quote the Ordinance.) Article~ ~ Section /~-- ~ ~ ( /~-- 3. ~PE OF APPEL Appeat is mode herewith for (please check appropriate box) ( ~ VARIANCE to the Zoning Ordinance or Zoning Mop ( )' A VARIANCE due to iack of access (State of New York ~own Law Chap. 6~ Cons. Lows Art. 16 Sec. 280A Subsect(on 3 () 4. PREVIOUS APPEAL A previous appeal llllllnS)~(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 ... ........... Dated . · ..... and was made in Appeal No .... · ....................................................... REASON FOR APPEAL · ( ) A Variance to Section 280A Subsection 3 ( ~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~'orm Z~X (Continue on other side) FOR APP£AL scrv HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical clifficuiue~- or unneces- 2. The hardship created is UNIQUE and is not sheared by all aroperties alike in the immediate · vicinity of this property and in this use district because 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ' ) ss COUNTY oF ) Signature Sworn to this ...~.~) .......... ; ....................... day of ................................. /~;:,~, ~?_ ~z..~; TOWN OF- SOUTHOLD PROPERTY RECORD CARD OWNER STREET '-7/0 ~' , VILLAGE DIST, SUB. LOT '' ' '~/Z /~. ~ ~-'~...~.~t./..~ .~ ' ~ W / ~PE Of 'BUILDING RES. S~S. ~0 VL. FARM ~ COMM. CB. MISC. Mkt. Value ~ND . IMP. TOTAL DATE REMARKS N~ NORMAL [ BELOW O FARM Acre Value Per Value Ac re Tillable 1 · Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brus~lend FRONTAGE ON ROAD House Plot ~ DEPTH qotal D~K Extension Porch Porch Patio O.B. Total COLOR TRIM, ation E~'~. Walls Place Roof Recreation Dormer Driveway Bath Floors Interior Finish Heat O[I, Rooms 1st Floor Rooms 2nd Floor ,Dinette P---, 4, y V I E' W ~'OA ~ - C h/~AP OF LAND O ~F..L, a5 A. &_CC, F...OL M. BUF-,.SI TOWN .-. ) ' J~,~ COUNTY Of SUFFOLK D~A~TMENT O¢ PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING March 17, 1993 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Burst, Charles Furlong, Mary P. & Others 4153 4155 Very truly yours, Arthur H. Kunz 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. R. Robert A. Villa lchard 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 Pursuant to Article XIV 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 Com'~ssion: XX ~Variance from the Zoning Code, Article III-A , Section lO0-30A and 100-33 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __Special Permit Appeal No: 4153 Applicant: Mr. and Mrs. Charles A. Burst Location of Affected Land: 705 Windy Point Rd., Southold, NY County Tax Map Item No.: lO00- 87-4-6 Within 500 feet of: 'XX Comments: garage __ 'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channe] Lines, or ___ Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Applicant is requesting permission.to locate an accessory building in' the front yard area with a reduced side yard setback Copies of Town file and related documents enclosed for your review. 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 March 10, 1993 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 Mr. and Mrs. Charles Burst 7 Chatham Place Dix Hills, NY 11746 Re: Appl. No. 4153 - Sideyard Setback - Frontyard Garage Dear Mr. and Mrs. Burst: Enclosed is a copy of the findings rendered by the Board of Appeals at our February 23, 1993, together with the alternative granted thereunder for a sideyard setback at six feet to the · foundation wall of the building (and five feet to the overhang). Please be sure to return to the Building Department for issuance of other permit(s) deemed necessary for the construction of this accessory garage. We have furnished copies of this alternative approval to the Building Department for their update and record, and a copy to the Suffolk County Department of Planning in accordance with the rules set forth in the Administrative Code for projects located within 500 feet of waterways, and state or county properties. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning Copies of Legal Notice mailed to the following 2/9/93: Mr. and Mrs. Christopher Grattan 6305 Horton Lane Southold, NY 11971 Mr. and Mrs. Charles A. 7 Chatham Place Dix Hills, NY 11746 Burst Mr. and Mrs. Martin Bussanich 430 Grigonis Path Southold, NY 11971 Mr. and Mrs. Robert Finora 205 Seventh Street Laurel, NY 11948 Rudolph H. Bruer, Esq. (for Mary P. Main Road, P.O. Box 1466 Southold, NY 11971-1466 Furlong & Ors.) Mr. Garrett A. Strang, R.A. Main Road, P.O. Box 1412 Southold, NY 11971-1412 (for East End Supply Co./Lewis) Stephen L. Ham III, ESq. 45 Hampton Road Southampton, NY 11968 Copies available for Board Members (mailed and/or placed in box for pick-up) 2/9/93); Delivered to official newspaper 2/9/93 12:00 noon. Original Legal Notice posted on TC Bul'letin Board 2/9/93, Copies of file to Board Boxes 2/9/93 (Serge Doyen's copies mailed 2/10/93 a.m.) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. { James Dinizio, Jr. / Ri ton 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 February 8, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4153 Project/Applicants: Mr. and Mrs. Charles A. County Tax Map No. 1000- 87-4-6 Location of Project: 705 Windy Point Rd., Burst Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate an accessory garage building in the front yard area with a reduced side yard setback 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 cf 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 617.13Ca) 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: FROM: DATED: RE: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk February 8, 1993 Zoning Appeal No. 4153 of Charles A. Burst Transmitted herewith is Zoning Appeal No. 4153 of Charles A. Burst for a variance. Also included is Notice to Adjacent Property Owners; ZBA Questionnaire; Short Environmental Assessment Form; Notice of Disapproval dated February 5, 1993; copy of Application for Building Permit; plans and survey. Judith T. Terry Southold Town Clerk 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 TUES-I DAY, FEBRUARY 23, 1993 ! commencing at the times specified below: 1.7:32 p.m. Appl. No. 4148 Application of ~ CHRISTOPHER AND HEIDEMARIE GRA'I~FAN for a Variance to the Zoning Ordinance, Article III-A, Sec- tion 100-30A.3 for permission to construct deck addition to existing dwelling with a reduc~ ed (southerly front yard) set- back from a private right-of- [ way which intersects with} Horton's Lane. The subject l premises is a corner lot as [ defined by Section 100-13 o~' ~ the Zoning Code and c0ntaii~S ~ a total lot arcs of 51,603 sq. ~t:; in this R-40 Residential Zone District. This parcel is more ] particularly identified on the [ Suffolk County Tax Maps as District 1000, Section 54, I Block 7, Lot 18.8 (previously part of 18.5 and 18) and is shown on the Minor Subdiv - sion Map of Louis Ramunni ' approved May 30, 1973. Pro- ! perty Location: 6305 Horton's ~ Lane, Southold, NY. 2. 7:35 p.m. Appl. No. 4149. - Application of MARTIN~ BUSSANICH requesting a= Special Exception for an Ac- cessory Apartment in an ex- isting principal dwelling struc-~ ture all in accordance with the provisions of Article IliA, Section 100.30A.2(B-I) and Section 100-31(B-14). The sub- ~ ject premises is located in the R40 Residential Zone District and is improved with a single- family dwelling constructed prior to January 1, 1984. Pro- I perty Location: 430 Grigonis Path, Southold, NY; County Tax Map District 1000, Section 70, Block 3, Lot 8; also iden- tiffed as Lot #8 on the Map of Harvest Homes Estates, Sec-. tion I. 3.7:40 p.m. Appl. No. 4150 6. 7:35 p.m. Appl. No. 4154 - Application of ROBERT - JAMES R. LEWIS (for AND ANNA FINORA for EAST END MARINE SUPP- Variances to the Zoning Or- LY INC., Tenant). Variance to dinance' Article ILIA, Section the Zoning Ordinance Article 100-30A.3 (Bulk and Area XIV, Section 100-142 for per- mission to locate a new Schedule) for permission to locate: [1] proposed addition [ warehouse building for corn- at the west side of existing mercial storage in this Light i dwe ling with a reduction in i Industrial (LI) Zone District ! the side yard [2] proposed ad- I with lot coverage in excess of dition at the east side of ex- thirty (30%) percent of the, isting dwelling with a reduc- I total lot area. Subject. premises ~1 tion in the front yard. This i consists of combined County property is a corner lot as i Tax Map Lot Nos. I and 44.1 defined by Section 100-13, is] (previously referred to as nonconforming as to total lot Numbers 2 and 3 and aban- area, lot width, and principal [ doned sections of 8th St. and, setbacks in this R-40 Zone[ 7th St.), for a total lot area District. Property Location: I 67,124 square feet. Street Ad- 795 East Legion Avenue and[ dress: 645 Ninth Street, and bounded on the east by Riley Corwin Street, Greenport, Avenue, Matt tuck, NY; Coun- Town of Southold, NY. Coun- ty Tax Map District 1000, Sec- ty Tax Map District 1000, Sec- tion 122, Block 3, Lot 32; also i tion 48, Block 2, Lot Nos. 1 shown on the Subdivision and 44.1 (All to be combined as a single lot for purposes of Map of Harry DePetris as LOt zoning). #14. 4. 7:45 p.m. Appl. No. 4153 ! 7.8:05 p.m. Appl. No. 4151 a l'o~t;,~n ,~ ~n AND - Application of EDWARD F ........ ': ............ '~-' questing a Variance to the for a Variance to the Zoning c¥~inon,'~' Article IliA Seca~ Zoning Ordinance, Article III, ti'%~ ~0~30A and Se'ctio;~ Section 100-32 for permission ..... f~ ~' rmi ion tolocate~ to locate a proposed new ltm-~ ope ss ~ ..... nwenmg witnin a. building an accessory garage building : envelope area having a reduc- in the front yard area with a I~d rear yard setback at not ess reduced side yard setback. ! than 20 feet and conforming Location of Property: 705 ! side yards and front yard set- Windy Point Road (private I backs, after removal of the road #12), Southold, NY;! two existing cottage structures. County Tax Map District This parcel is the subject of an 1000, Section 87, Block 4, Lot application, simultaneously 6~ This parcel is preexisting held this evening, for an ex- with nonconformities as to change of property with the total lot area, lot width and northerly lot, to increase the principal set backs in this R~,0 lot area of this parcel from Zone District. 20,452+- sq. ft. to 28,957+- 5.7:50 p.m. Appl. No. 4155 sq. ft. Property Location: - Application of MARY P. North Side of Avenue B, FURLONG and others for a Fishers Island, Town of Variance to the Zoning Or- Southold, NY; County Tax d nance, Article IIIA, Section I Map District 1000, Section 6, 100-30A.3 for approval of a Block 2, Lot 6 and part of 5. porch add t on with an lnsuf- 8. 8:10 p.m. Appl. No. 4145 ficient rear yard (as built in - (Continued from 1/14/93). 1966). Property Location: Application of JOHN S. 1745 Nakomis Road at McGEENEY and EDWARD Laughing Waters, Southold, F. RODENBACH, as Trustee, NY; County Tax Map District for a Variance under Article 1000, Section 78, Block 3, Lot III, Section 100-32 to reduce 35. This parcel is preexisting lot area of combined Lot Nos., with nonconformities as to 5 and 13 (owned by total lot area in this R-40 Zone McGeeney) for an exchange of District. property with Lot 6 (owned by Rodenbach, Trustee) in this pending lot-line request. Thg~. northerly parcel will consist of a total combined area of Nos. 5 and 13 of 61,817 (4356 +- sq. ft. and 57,461 +-) square feet. The southerly parcel will con- sist of a total lot area of 28,957+- square feet. Loca- tion of Property: Avenue B and Crescent Avenue, Fishers Island; County Tax Map Parcel ID Numbers 1000-6-2-5, 6 and 13. Combin- ed LOt Numbers 6 and 13 as exists is substandard, and Lot #5 is substandard. Both lots 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 represe~- tatives desiring to be heard in the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to t~quest more informa- tion, please call 765-1809 or visit our office. Dated: February 9, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER ,:.: ..~.' CHAIRMAN ..:.,. By Linda Kowalski IX-2/11/93(18) COUNTY OF SUFFOLK ST^I'EOF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, o( TIlE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid, in Suffolk County; and that tl~e notice of which the annexed is a printed copy, has hcen puiqished in said Long Island 'l'raveler-Watchnl;m once L. ach week I'or . .................... / ..... weeks success ve y, commencing on the ........... Z~. ~ Sworn to before me this ........ .'// ........ clay o£ Notary Public BARBAR^ A. SCHNEIDER NOTARY PUBLIC, State ot N.e~v York No. 480~46 Qualified in Su[[otk County Commission Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilt, on 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 February 9, 1993 TO WHOM IT MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf at the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is lengthy, a draft or final written copy is always appreciated. In the event you wish to amend your application to include other relief and other sections of the Code to be considered, you must file separate application formsl obtain a new Notice of Disapproval from the Building Inspector, and amended filing fee. You may request a postponement of the application if the new amendments affect the initial application. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Linda Kowalski Enclosure APPEALS BOARD MEMBERS C-emrd R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richard C. Wil~on Telephone (516) 765-1809 Present: BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. H~2{RIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF $OUTHOLD February 23, 1993 HON. GERARD P. GOEHRINGER, (7:30 p.m. Hearing) Chairman JAMES DINIZIO, JR. SERGE DOYEN ROBERT A. VILLA RICHARD C. WILTON HARVEY ARNOFF, ESQ., Town Attorney LINDA KOWALSKI, Secretary-Clerk to Board Board of Appeals Hearings 17 February 23, 1993 APPLICATION NO. 4153 of MR. AND MRS. CHARLES A. BURST for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A and Section 100-33 for permission to locate an accessory garage building in the front yard area with a reduced side yard setback. Location of Property: 705 Windy Point Road (private road #12), Southold, NY; County Tax Map District 1000, Section 87, Block 4, Lot 6. This parcel is preexisting with nonconformities as to total lot area, lot width and principal setbacks in this R-40 Zone District. 7:57 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have copy of a survey from Roderick Van Tuyl, PC, dated January 7, 1970. I don't see any updates on it, indicating a one-story frame home which appears to be two-story at this point, and a copy of Suffolk County Tax Map indicating this and surrounding properties in the area. is there somebody who would like to be heard? How do you do, sir? I ask you to use the mike and state your name. Appearance: Charles A. Burst, Applicant pro se THE CHAIRMAN: How are you tonight? I had a heck of a time finding your property; but I did find it and you nicely staked it out. Had I not gone by it twice, everything would have been fine. I assume the garage you want to build is Board of Appeals Hearings 18 February 23, 1993 something similar to conform to the house and to the area, and to what we granted with the next-door neighbor? MR. BURST: Yes. THE CHAIRMAN: The upstairs storage area that you are referring to is to be used for dead storage only. While you are standing, I will ask the Board if they have any questions of Mr. Burst. Bob, Jim, the gentlemen over here? BOARD MEMBERS: No, I don't. THE CHAIRMAN: Does anybody have any objection to this application? In reference to either side yard of placement or anything of that nature? (There was no response.) THE CHAIRMAN: We are talking approximately 14 feet, is that correct, in reference to height? I see 7 and 7. MR. BURST: Approximately. From the point of the footing. MR. VILLA: 20.6 it says. THE CHAIRMAN: I was just looking. That is to the ridge? Right? MR. BURST: Yes. I wanted to push it over as far as I could so I could (inaudible) accessible. THE CHAIRMAN: The only concern we have is that overhang on the second story. It would have to be 4 feet from that overhang if you were proposing it and the Board so granted Board of Appeals Hearings . 19 February 23, 1993 it. bottom would then be 6 feet, I assume. MR. BURST: The overhang is approximately one foot, believe. I just didn't want to go right in the middle of the property. THE CHAIRMAN: I understand. Let me just run through, while you are standing there, if anybody has any objections. Is there anybody else who would like to speak in favor of this application? (There was no response.) THE CHAIRMAN: Anybody like to speak against the application? (There was no response.) THE CHAIRMAN: Okay, you got over that hurdle. You haven't been reminding me of that. You have been a little lax there, Mr. -- Any further questions of this applicant, gentlemen? So, in other words, it would probably then be 6 feet --the I (There was no response.) THE CHAIRMAN: We are going to close the hearing, and we hope to have a decision for you tonight. We will kick it around and will do the best we possibly can, and we thank you for staking. It made it that much easier for us to visualize it. Hearing no further comments, I make a motion closing the hearing, reserving decision until later. (Seconded and carried.) Z COUNTY OF SUFFOLK ~o,.~ SOUTHOLD 087 · / · ................... ~ 11971 PARCEL I0 REAL PROPERTY sYSTEM CROSS REFERENCE LISTING NANE SEQUENCE CURRENT DATE - 12?08/89 R DG N A B E LANO TOTAL LAND TOTAL T4~.-5-zz fl~.-?-9 C SS LINOSAY EUGENE 1,000 4.900 1.000 4,900 210 I 17 C PG L/NDSAY LEVI P & WE 400 400 C TN LINOSAY MARY C 600 A,800 400 400 5111 10 1,600 6.200 210 I 14 1,000 5,400 210 1 1,500 6.300 210 1 14 C TT L1HDSAY PETER A & 1,600 6.200 C TG LZNDSAY ROBERT E 1,000 5,400 ~..-?-~ · n$.°15_-9 ~.-4-8 · 3.-~-2~ Z.-5-20 ~o~-20 C SU LINDSAY WILLIAM JR 500 5.500 C TO LINOSA¥ WILLIAM L & RE 800 8,500 CUF LINDTVEIT CATHERINE 1,000 2,600 C TH LINDTVEIT HERBERT ~ WI 900 C O0 LINGO 0 0 & WF 1,600 6,700 C ND LINK RITA & 700 3.100 N NS LINK RITA & 700 4,SO0 5.6~0 120 1 500 S,S~O, 210 I 14 800 87~00 __210~1 __. 14__ 1,000 2,600 260 I 10 900 .... 2,30~._ ~60_] _ 10 1,600 6,700 210 I 08 700 3.100 260 I 17 700 5,100 260 1 17 · L-Z-19 [;;3;5.1 I.-1-7 i.-2-20.12 · L-S-6 I$.-1-14. IZ.-4-8 · I.-1-11 t$.-5-2 15.1-1-25 · 1.-2-35 I0.- ?-~,, ~.-1-9 · Q.-1-24 ~g.-11-13 ¼4.-1-5 · ~1.~-1-31 · &].1-1-5 68.2-1-6 ~1,.:, -J~.~-1-9 _ C ~E~INK~ER~ C~ARLE__S~A & ~F ..... 600___ __ ~op C OS LINKER EDWARD A S OORI ?00 11,~00 C PC LINKER_E~AJ~._~ O~ ..... ~600 4.200 C YA LIONAKIS JOHN & WE 1,600 1,600 C OB LIONETTI LOUIS A 8 ORS 1.000 6,800 600.__ 3,40~__ 21~.1 O~ ?00 11,800 210 I 01 600 --1.~0~--- 1.600 3111 01 1,000 6,800 ~0__.1 C NC LIOS ANDREAS & NF 1.000 C aL LIOS ANOREAS & WF 80~0 C NP LIOS ANDREAS S & WF 600 C QH LIPNICKI EDWARD C & AN 600 C LN LIPP RONALD J 500 CNW LIPSIO JOHN A & NF 1,100 C QB LISITSI8 IRENE & ELPIN 175 CRR LISTER GEORGE I & UF 3,100 C OV LISTER W H 4,600 ..... C_~B~ISTIffG ~ILLR~D P 8 ~[.__ 1,1q~ CNW LISZANCKIE JANES I 300 C ~G LITCHHULT EDWARD F & W 1.000 £ OE LITCHHULT JANES E & 400 1.000 1.000 1.000 311 17 .... ~oo .... 800 ~oq 31! _ 17 4.100 600 4,500 210 14 3,500 600 3.30Q 21_~ ..... 13 3.600 500 3.600 210 10 5.700 1.100 5,700 210 14 910 175 910 412 O~ 8.000 3,10~___ 8~00~_._ 2!~____ 04 11,300 4,600 11.300 210 13 6,400 300 6.400 210 32 7,oo0 1,0o0 7,@@L__71o__ ......... o~ 4.Z00 400 4.200 210 ~1 ts.-z-!9~ ......... C_~O~L%[CUUULI~ROeERT_a_&~ .... !,PO0 ....... ~e~O~__ _1,000 .. ~,?OQ_ 210 14 f$.-5~6 C PH LITHO-ART INC 3.100 8,700 $.100 8.700 210 01 I]7.-4-30 C PE LITVANY JONATHAN 1,400 1.700 1,400 1.700 260 I 13 ~,-1-Z3 C RE LI~6~O$~GEO~GE & ~f _ _ aPO_ _. 3e?oo ____ ~0~ ~70~ 210_1 .... [1.-5-12 C NF LIVANOS JOHN 5~000 23,700 5.000 ~3,700 210 1 ~!~ ........... ~ TX LIVANOS MICHAEL V ~ C~ ..... 8~0 ..... ~0 ~00__ SE. ODD _210 1 .._ S~.-&-j C PH LYVANOS TOULA L~O~ZS ~0 GOO 400 ~L~ ....... 106.-Z-48 C TF LIVANOS VASZLZOS ~ ~F 600 ~,000 600 ~,000 210 1 CPB LiVNI LINOA CLS LI~DA C OQ LIZDA REALTY LTO C ~ LIZOA R~ALTY LTD C PV LIIDA REALTY LTO C SA L~A REALTY 1,000 6,000 1,000 6.000 412 I 04 ...... A~O ....... ~0~ .......... ~OQ__ _ ~..~00 __+_IZ_L_.. 400 4,500 400 4,500 412 I 38 400 4,500 412 1 0~ TOTALS - 245,810 1987 TOTAL~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZI0, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3865 Matter of CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rear yard setbacks in this R-40 Zone District. Property Location: 705 Windy Point'Road, County Map District 1000, Section 87, Block 4, Lot 6. Wq~EREAS, a public hearing was held and concluded on September 21, 1989 in the matter of CHARLES AND CAROL BURST. under Appeal No. 3865; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south of Bayview Road, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 4, Lot 6. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.3, for permission to construct an addition with insufficient side and rear yard setbacks. P~ge 2 - Appl. No. 3865 Matter of CHARLES AND CAROL BURST Decision rendered October 4, 1989 3. Article III A, Section 100-30 A.3, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth hearin in full. 4. The subject premises on the northeast side of the house will be 7+- feet from the property line, there is approximately .21 acreage at this location. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, Seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance in the matter of the application of CHARLES AND CAROL BURST as applied under Appeal No. 3865 for approval of a addition with insufficient side and rear yard setbacks, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That on the northeast side that the bushes be trimmed back to 7 feet so to remain open and unobstructed, of a height of minimum of 10 feet, for fire apparatus or other emergency vehicles to have access around the house. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki and Dinizio. This resolution was duly adopted. df GOEHRINGE~ CHAIRMAN -M I R~80 R~80~ A-C A,-C SOflT~O~.O ~£GONIC 3ensity AA Density A Density B The N.y.$. Environmental Quality Review Act requires submission · before any action is taken. (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 he 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? 2. Will there be a major change to any unique or ~nU~ual la-nd for~ on the site? Yes ~o 3. Will project alter or have a large effect on an existing body of water? 4.Will project have a potentially 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 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologioal envircnmental area by a local agency? .___Yes 10. Will project have a m~jor effect on existing or future recreational opportunities? ___Yes ~o 11. Will project result in major traffic problems or cause a major effect ~o existing transportation 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 or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year Yes period or hav~ a major negative effect On the ~ - charact~ of the community or neighborhood? ~5. Is there publicgontroversy concernin 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by ADpticant or Proiect sponsor) 1. ARRLJCANT/SPONSOR 3. PROJECT LQCATiON: Muni¢ioaltty County 4. PRECISE LOCATION (Stree! aQ~ress anO roaci intersections, prominent ranQmarl<s, eta.. 5. tS PROPOSED ACTION; New [] Expansion r~ Modiflcat fonlalteratiof~ 6. DESCRIBE RRO~ECT BRIEFLY: 7, AMOUNT OF L~,ND AFFECTED; SEOR 8. WILL PROPOSED ACT;ON COMPLY WITH EXISTING ZON!NG OR OTHER EXISTING k.AND USE RESTRICTIONS? [] Yes [] NO I~ NO. descril~e I~fiefly WHAT IS PRESENT L.AND USE IN VICINITY OF PROJECT? [] Resioentlal I~. lnciustNal [] Commercfal [~Par~ForesUOpefl space I'-~Ot~er 10. DOES ACTION tNVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL ~TATE OR LOCAL)? C Yes [] NO If yes, list agency(si and permit/approvals 11. DOES ANY ABPBCT OF THE ACTI~,~I HAVE A CURRENTLY VALID PERMIT QR APPROVAL? 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? [] Yes [] NO 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 tJ~e Coastal Assessment Form before procoeding with this assessment I OVER 1 .(Continued on reverse side) 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 market for - sale or being shown to prospective buyers? { } Yes {~'~No. (If Mas, pl~e a~h cnpy of "con~i~n~" of s~le.) C. Are ther~ 9~y p~upo~al~ tD~ange~r alter land cunto~? { } 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? ~5 3. Is the property bu~d between the wetlands area and the upland building area? w~ 4. If your property contains 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 construction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, b~lkheads or fences which e~t ~d are not mh~wn cn t_he survey map that you arm submitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~D 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 or any co-owner also own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. I. Please ~ist present Use or operations conducted at this parcel ~F~ ~ proposed use .~rzz/x%~ and 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Sou:hold. TRUSTEES -- The Board of Trustees of the Town of Sou:hold. [Added 6-5-84 by L.L. No. 6-1984] W'ETL.LN'DS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- ~V 4;DAL ~VETLANDS ~ A. : (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal wa~ers, 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 ]ow lying lands subj&ct to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, groundseL maxsh.~.~tow z.nd Iow 'm.r~a cardgrn~: ~:~/nr (3) All lnnd immediately ~djacen~ to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwatar wetlands" as defined in Article 24. Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation La~v of the State 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 "freshwatar wetland." 9705 z- =~. ss II ..... :F'R ON'T View PRO[~z)S~D I G,'-x'24' 0~4~ CAI~' DE~ACHF-.D;' BOARD OF APPEALS, TOWN OF SOUTHOLD ~ ~n the/Matter ot ~%he Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T/h~.,.t it is th~intention of the undersigned to petition the Board of Appeals of the Town of Southold to request (a(~Variance~)(Special Exception)(Special Permit) (Other_) to±cole choice] 2. That the property which is the sub, iect of._the Petition is located adjace'n~ to'your orUooertrv and ~s 3. That the property which is the subject of such Petition is located in the following zoning district: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article i~Z~fic Section i ~ ---_~%d ~ ' [ ] 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 theSouthold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of 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. Petitioner Owners ' Names: Post Office Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ P~;.283 753 2' Receipt for Certified Mail No Insurance Coverage Do not use for Internat (See Reverse) PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 283 753 289 Receipt for Certified Mail No Insurance Cover Ie Provided 9o not use for lnteh~dtional Mail See Reverse) // STATE OF NEW YORK ) COUNTY OF SUFFOLK ) "~,'~ A /]/ ~' .'PI ' /?'/ //7~.~ . being duly sworn, deposes and ~ys ~hat on the ~ day ~f'' ~ .~ / ', 19~ , deponent mailed a true copy of the Notice set forth ~n the re- verse si~e hereof, dire~ed to each of the above-named persons at the addresses scl opposite their r~pective names; tha~ the addresses set opposite the names of said persons are the addresses of said persons as shown on thc current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Or- ,certify(registered) maiL. Sworn to before me this day of ~f~,~, 19 ~r .... N'o~fa r y Public ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.)