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.)