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Home My WebLink About4204 APPEALS BOARD MEMBERS Gerard lq. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Rober~ A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4204. Upon Application of JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. WHEREAS, a public hearing was held on December 8, 1993 at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar witk the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. AREA VARIANCE. This is an application received November 17, 1993 for a further (additional) Variance under Article XXIII, Section 100-239.4, subsection A(1), for approval of new construction.within 100 feet of the bluff, or bank, along the Long Island Sound. The Building Inspector's Notice of Disapproval upon which this new Appeal is based is dated Novem- ber 17, 1993. 2. CODE REQUIREMENT. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 3. PROPERTY DATA~ The premises in question is situated north of Grand View Driv~ in Orient and is shown as Lot 37 on the Major Subdivision Map of Grand View Estates. This parcel contains a total lot area of 42~134 sq. ft. Prior to July 1993, the premises was vacant. Areas seaward of the Coastal Zone boundary line (near the top of the bank) are unbu~tdabte, which Page 2 - Applo N( 4204 Matter of JOHN CROK0S Decision Rendered December 8, 1993 lends to the limitations for placement of all types of construction. 4. EXISTING CONSTRUCTION. On June 23, 1993, a building permit for the construction of a substantially-sized dwelling was issued (No. 21494), for a garage, decks and raised platforms extending from elevated landscaping retaining walls. A second survey showing the foundation, as constructed, is dated October 8, 1993 and shows the concrete foundation of the dwelling angled to take full advantage of the waterviews of the Long Island Sound. The front yard setback at its closest point is shown to be 50 feet from the northwesterly corner of the foundatzon, and the further front yard setback from the westerly side of the foundation is shown to be 82 feet, more or less (slightly), from Grand View Drive. The setbacks measured from the northeasterly end of the dwelling foundation is shown to be 95 to 100 feet, more or less from the top of the Sound Bank at its closest point. The distance between the coastal erosion hazard line at the nearest point is approximately 75 feet. Chapter 37 of the Southold Town Code prohibits construction and any types of soil disturbance along, or seaward of, the "coastal zone hazard line." 5. PROPOSAL. Proposed in this application are requests to locate the northwesterly corner of a proposed dwelling with patio and deck areas above natural grade, inground swimmingpool, and landscape areas with retaining walls, all within 100 feet of the top of the bluff (bank) along the Long Island Sound {see site plan map dated November 10, 1993 Map S-2 prepared by Keller-Sandgren Associates}. Requested is a further variance at 62 feet from the top of the bluff or bank. The fence enclosed is not provided and will need to be clarified and further confirmed in writing prior to issuance of a building permit for these structures if within 100 feet of the bluff or bank. 6. PRIOR VARIANCE. The record shows that in November 1992, an application was made to this Board for a variance for placement of one corner of the dwelling which was located within 100 feet of the bluff, and also for a proposed pool, fence enclosure and deck areas. The Board rendered approval for "alternative relief, with conditions" on February 23, 1993 under Appeal No. 4140. That determination restricted the setbacks for a proposed pool, fence enclosure and decks above ground level, at not closer than 75 feet to the top of the bluff or bank. 7. SITE INSPECTION(S). (a) An inspection of the site reveals that most of the bluff face is stabilized by shrubs. From the ~treet, the lot's elevation rises several feet and flattens out over most of the land, 25 to 26 feet above mea sea level. There is presently a slight berm across the bluff top edge; the existing grade is Page 3 - Appl. Nd 4204 Matter of JOHN CROKOS Decision Rendered December 8, 1993 away from the bluff face. The bluff areas must be protected, and regrading and new landscaped areas must be done to keep surface water runoff directed away from the bluff face. A continued low berm at the top edge would help to ensure no over-bank runoff. Also, measures will need to be taken to either truck the pool water off site, or properly install drywell drains. (b) Research of town records shows that there are other lots in the area with nonconforming setbacks in the i~ediate vicinity; i.e. Lot 5 (Monacelli) for construction at 80+- feet from the top of the bank; Lot 3.8 (Hungerford) at 80 - 85+- feet; Lot 24 (cipitelli Bros. Realty) 70+- feet; Lot 3.9 (formerly Betancourt) at 50+- feet. 8. EFFECTS OF RELIEF REQUESTED. It is the position of the Board that: (a) difficulties in parcel; the size of the dwelling lends to the locating other buildings or structures on this (b) the setback at relation to the requirements, requirement; 62 feet that is, is quite substantial in 38 percent of the (c) the grant of the entire relief will alter the essential character of the neighborhood; (d) it is personal knowledge, and through town records, that this bluff area is subject to erosion, and in the past the bluff areas in this vicinity have been damaged - leading to the enactment of the Coastal Zone Management Law (Ch. 37) of the Town, as mandated by the State and Federal Government for properties fronting along the Long Island Sound. (e) the difficulties claimed are self-created since the size of the dwelling is substantial and is located on an angle towards the water; (f) there is an alternative for appellant to pursue, to construct a smaller sized pool and reduced deck areas; (h) in view of all the above, the interests of justice will be served by denying the relief, as requested, and granting alternative relief, as noted below.. 9. ALTERNATIVE. Alternatively, the Board finds that a setback restriction at not closer than 70. feet to the top of the bluff (bank) for all structures, retaining walls, and buildings, is feasible and is reasonably available fox-applicant to pursue. ~'Page 4 Appl. N~ ~4204 Matter of JOHN CROKQS Decision Rendered December 8, 1993 10. EFFECTS OF ALTERNATIVE. It is the position of the Board that in considering this alternative: a) the benefit to the applicant, as weighed against the detriment to the health, safety, welfare of the community, is greater, and is not unreasonable in light of limited upland area available for residential use; b) the benefit sought by the applicant caD/lot be achieved by a method, feasible for his to pursue, other than an area variance; c) the alternative relief is not substantial in relation to the requirements; d) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; e) the difficulties created are related to the uniqueness of the land and are not personal to the landowner; f) the relief as alternatively granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community. Accordingly, on motion by Member Dinizio, seconded by Member Villa, it was RESOLVED, to DENY the relief requested in the application, and be it further RESOLVED, to GRANT alternative relief for a setback at not closer than seventy (70) feet from the top of the bluff (bank) to all structures, retaining walls and buildings, SUBJECT TO THE FOLLOWING: 1. That the drywells be installed for proper discharge of pool water; no pool water or roof runoff shall not be discharged towards the bluff face and all water shall be properly contained (or removed); 2. That the relief alternatively granted is limited to this particular application made under Section 100-239.4A of the zoning code as pertains tc the bluff setback (and shall not apply to side yard reductions, lot coverage in excess of 20%, or other variations from the code in the event of future code modifica- tions). Page 5 - Appl. No. 204 Matter of JO~N CROKOS Decision Rendered December 8, 1993 3. That there be no land disturbance to or close to the bluff (bank) area, and that hay bales shall be temporarily placed north of the area under construction while construction activities are pending. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Doyen, Goehringer, and Villa. This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TO~VN Town Clerk, Tow~ of $ou+fnold 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 NOTICE OF HEARINGS SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 14, 1993 commencing at the times specified below: ~ 1. 7:32 p.m. Appl. No. 4141 - Application of ALICE BENNETT for a Variance to the Zoning Ordinance, Article III, Section 100-33 (and as amended December 4, 1992) for the placement of an accessory garage in the front yard area with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-1-10. 2. 7:35 p.m. Appl. No. 4146 - Application of FREDERICK E. HULSE, JR. and JOYCE HULSE for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate proposed addition with a reduction in the southerly side yard at less than the required ten (10) feet. Location of Property: 235 Sunset Lane, Greenport, NY; County Tax Map Parcel No. Page 2 - Notice of Pings Southold Town Board of Appeals Regular Meeting of January 14, 1993 1000-33-4-49. The subject premises is substandard in lot area and is located in the R-40 Zone District. 3. 7:38 p.m. Appl. No. 4145 - Application of JOHN $. McGEENEY and EDWARD F. RODENBACH (as Trustee) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of a reduction of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South Side of Crescent Avenue and the north side of Avenue "B," Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown to substandard in lot area and is located in the R-80 Zone District. 4. 7:45 p.m. Appl. No. 4144 - Application of SPECTACLE RIDGE, INC. for a Variance to the Zoning Ordinance, Article III, Section 100-3iA(i) for permission to establish second residential use in the proposed accessory barn building {located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992} as living area for family member or guests, and domestic servant (in one unit). Section 100-31A(1) provides for single-family use, Location of Property: Map No. 1000-84-01-02. not exceeding one dwelling per 14990 Oregon Road, Cutchogue; The subject premises is zoned lot. County Tax Agricultural-Conservation and contains a total area of 19+- acres. Page 3 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of January 14, 1993 5. 7:55 p.m. Appl. No. 4142 - Application of ADAM ASSOCIATES, INC. for a Variance under New York Town Law, Section 280-A for approval of access for emergency and fire vehicles over a private right-of-way extending off the easterly side of Cox Neck Road, Mattituck in an east-west direction a distance of approximately 616.30 feet. The subject right-of-way is referred to on the County Tax Maps as part of Parcel No. 1000-113-14-11 and is situated 670+-' feet north of the intersection of C.R. 48 (North Road) and Cox Neck Road. The parcels to which access is requested in this application is identified as County Tax Map Nos. 1000-113-12-10-1, 10.3, 10.2, 9, 8; (and Parcel No. 1000-113-14-11 restricted for park and recreation area use). All areas of access are located in the R-80 Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: Decen~ber 21, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERAPJ) P. GOEHRINGER CHAIRM3LN By Linda Kowalski x 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 SCOTTL. 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 WEDNESDAY, DECEMBER 8, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4202 - ROBERT AND JACQUELYN OBERLIN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 <100-33> for approval of an existing accessory utility storage shed which is located in the southerly front yard area. The subject premises is not a corner lot but fronts along two streets. This property technically does not have an established "rear yard" defined by the code. Location of Property: 805 Oak Avenue, Goose Bay Estates, Southold, NY; County Tax Map District 1000, Section 77, Block 2, Lot 20.1. The subject premises is located in the R-40 Zone and contains an area of 19,200+- square feet. 2 - Notice of ~arinqs Southold Town Board of Appeals Regular Meeting of December 8, 1993 2. 7:35 p.m. Appl. No. 4205 - SALVATORE VINDIGNI. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition which will exceed the 20% lot coverage limitation. Location of Property: 1440 Gillette Drive, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 15; also referred to as Lot No. 19 on the Map of Marion Manor filed March 18, 1953 in'the Suffolk County Clerk's Office. This property is located in the R-40 Low-Density Residential Zone District and has a total lot area of 10,000 sq. ft. 3. 7:40 p.m. Appl. No. 4203 - ROBERT E. BIDWELL. Application for Special Exception under Article III, Section 100-31B-13 of the Zoning Ordinance, for approval of winery uses in existing building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned A-C Agricultural-Conservation and is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3. 4. 7:50 p.m. Appl. No. 4204 - JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII', Section 100-239.4A(1) for permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location Page 3 - Notice of~arings Southold Town Board of Appeals Regular Meeting of December 8, 1993 of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 5. 8:00 p.m. Appl. No. 4195 - PETROL STATIONS LTD. (Carryover to continue hearing and/or updates.) 6. 8:00 p.m. Appl. No. 4199 - PETER PSYLLOS. (Carryover to continue hearing and/or updates). 7. 8:05 p.m. Appl. No. 4206 - GARY AND CAROL FISH. Special Exception as provided by Article IIIA, Section 100-30A.2B for permission to establish Accessory Apartment use in conjunction with owner's residency in this existing principal building presently occupied as a dwelling with garage. Location of Property: 955 Deep Hole Drive, Mattituck, NY; County Tax Map Parcel No. 1000, Section 115, Block 13, Lot 9. This property contains a lot area of approximately 15,000 sq. ft. and is located in the R-40 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: November 17, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS .GERARD P. GOEHRINGER CHAIRMAn; By Linda Kowaiski MOV ~0 '9~ 15:l~ TOWH OF SOUTHOLD P.~'~ TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOtgN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated I~OI/P,I~RR 12, ., 19.9.2.. rot permit to COI~SIIlllCT A SIN~ FAI~IL¥ Location of Property ~2..] ]0nto GRAIqBVIRI~' ~llltE ORIEliT, ~I~ YORg · Strt, e t Hamlet County Tax Map No. 1000 Section .... Itl. · ·. Block 2 .... Lot 3.1 Subdivision ................. Filed Map No ................. Lot No .................. is return=d herewith and disapproved on the foilowing grounds ALL BCIILDI~IG$ LOC:AIID LOTS AILIAC~;NT TO I..O1~(~ IS~ SOl/RD .a~TD UPON 1411IClt 't'us~ffi~ RXISI$ A BLI/I~' OR ~ l~l~l~l~l) OF TR~ SltOR~ OR B~ACIt S.AI'.I', BI~ S~-T BACK ltOT LR$$ ~ 100 FEET I~R(~ imi TOP OF SIICll BLUFF OR ~qK. ARTICLII HII CHAP? 100-239,4 I (Il RV 1/80 TOWN OF SOIJTIIOI. D BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL To .... ~'-'-'-'g~."d....~.5..f'.o~.... ...~c~-.o /r ) /2.'; /,q,~o ....... · .... .. ........ . .o~. . PLEASE TAKE NOTICE that your application dated ... for permit to ..~d./ff. ~'-~., .,?.~...../..,~ C,¢a>~.~/3... ~..o~..~. ............... at Loca[ion of Property . .~.././.0.. . · louse ~Vo. ' ' ' St/e3[ .................... County Tax Map No. 1000 Section .......... Block . Subdivisi°n?'~J~'Jc'"'~'*'~.'c~.-~-~.-Y'Filed Map No. . .??..d"~.... Lot No. is returned herewith and disapproved on the following grounds....,ff../('.., d.J~/.~...~.r .......... · ..d~.~. k.~.d..., c~,... &z; .-c... ,e.). m~.~..--.-7.....~.....&..~<...-~ ..c...~../~. ...... · ..&'/..<.,f... a/,-h~,,,- _7/,,~,,ez >,'~ ........... m.. ~ .... .................. ' ......... ~. ~'-C..,q. ...... · ~ .... r...~ ...... .... /£?.h¥ .~..~:~. .~.~.~ RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-18013 Examined ................ , 19..· Approved ...... · · ........ , 19... Permit No ............ ..... ....... 3ARD OF HI'ALl'II ......... 3 SETS OF PLA~I$ .......... SURVEY ................... CIIECK .................... SEPTIC FOR,'! .............. t,'oT I F'!: CALL ................... FLAIL TO: (Building Inspector) APPLiCATiON FOR BUiLDiNG PERMIT INSTRUCTIONS a. Th/s application must be completely filled in by typewriter or in ink and submitted to the Buildhng Inspector, with sets of plans, accurate plot pIan 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. c. The work covered by th/s application may not be commenced before issuance of Building Permit. d. Upon approval of tiffs application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. ' APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The appl/cant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. · __ - ~. K~k.k-I~,...~ .... ~.~..A~.~... (Signatur'~ot' dpplicant, or name, if a corporation) · .1~. ~t~I~,;:,I-A. A~.~... ~.o~k~. g. J4F.~ ~ N..'T:... (Mailing address of applicant) 11~7~' State whether applicant is owner, lessee, agent, _architect~ engineer, general contractor, electrician, plumber or builder. ...A..~--. {4 vr et-<.."~.. .............................................................................. ~-'l~o H~6. Oo~ ............................................. Name of owner of premises ....... .~ ............ .iq..~. i~o[qo~ (as on the tax roll or latest deed) If applicant is a corporation, signature of duly auth~orized officer. (Name and title of corporate officer) Builder's License No ....... .~'J~bl~.l..MF,~. ......... Plumber's License No ........................ Electric, ian's License No ...................... Other Trade's License No... i .............. Location of land on which proposed work will be' done... ~.gAI41;:~VI ~[~.. ~ IF_~T~%Ttp.:;~.' .-..o~[H-[~' . ~.o.l.~i i · .... ~.~.. ?..7 ............... ~. m,..u..=.v~ ,..t~...~v.~ ....... ,s~,.~ u..w.., r.o.,.~w..,. ~..y.....11.'~ House Number Street Hamlet ' County Tax Map No. 1000 Section ....... [a:].: ........ Block ....... ~. ......... Lot .... .. ~...'[ f. ....... Subdivision.. ~.IKA, b4.1:~.VI ~.~Na;i;~)~..TA'T~.,.~ ........ Filed Map No ...... 70..~.~ .... Lot....~. .......... State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy V~-~AM.~. L^u~,. b. Intended use and occupancy ... ~.,~C~e.g:?.. ~..ga'l'eggS... [4~.,. F.g~tx~'l~ .: .~l. hlF~.. ~:,~O'g[o..{g~.~/...'.. 3. Nature of work (check which applicable): New Building ....... Addition .......... A/teration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... 4. Estimated Cost 3&.a., oDD (Oesc ption) · · ......................... Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ...... ~ ........ Number of dwelling units on each floor.. ~ .......... . If garage, number of cars ...~.040. ............................................ ~ ............... 6. If business commercial or mixed occupancy, specify_.nature and extent of each type of use ................. · .... ?. Dimensionsofexistingstructures, ifany. Front ............ Rear '-' ........... er o£ Stories .............. Depth ~ ............ Height · "~"' Numb ' ~' ................. Dimensions of same structure, with alterations or additions: Front ....-- Rear ~ Depth -- ,, . ' .................. · ................. height ~ . ' ......... · · . - · ', ............. Number of Stones...-~-. ..... : 8. ?mens~ons_o?en, t~e new construction .Front 71~.,-o" Rear ~'.-O" ~ ,,- /-U,';'it ....... ....................... ~epta height ...~l .'.',,~ ....... Number of Stories...To,~ o ................................ ....... 9. $~zeoflot:Front ..J&.o.~lO.' ............ Rear..[~,}:9.7.' ............. Depth .~ lO. Date of Purchase .. Name of Former Owner ..... Zone or use district in Which n,'o.~;,- .... ;+ -*~a '" .......... 12. Des proposed construction violate any zoning law, ordinance or regulation: ................................ 13. NWil_ot_~e,.,regradeod ...¥.~,i-.~..., ..... : .... .'-' ...... Will excess fill be removed from premises: Yes 14. ~-~ m~wner Otpremises Hg (lql~, 401{~ C'gA~.g~Address . ,,c ,. . · ........................... rnone ~o ............... Name of Architect g.~l~l,.~...~: ~.~l~.~.. ~.5..{q~..,.. Address I.~ .~}~ .~.t~. b.vg,..~..b?~. Phone No. ~ .re. 'Name of Contractor ...Egt~. t .¥~ ......... Address ..... 15. ~, tht, p~op~ty within' ~00' {~e¥ ~' ~ tinct wetting? ~ ......... Phone No..--. ..... · If yes, S. outhold Town Trustees Permit may be req~-f?e~ .....No ......... ' .... .... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. STATE OF NEW YOriCK. _ _ cout¢r¥ OF .... 2V..~..~.5..~Z~....' S.S .......... ,.~O. ~.1~...~-~.},,llP~,l~.~l-J .'1. ~'..A.,. ....... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) bore named. .................. E-.. .................. t~.T.~. ~ (Contractor, agent, corporate officer, etc.) ............... f s-;ici owner or owners, and is duly authorized to perform or have performed the said work and to make and file this apl cation; that all statements contained in this application are true to the best of his knowledge and belief; and that the ork will be performed in the manner set forth in the application filed therewith. worn to before me this RECEIVED NOV Soul,old ?own Clerk TOWN OF SOUTHOLD, NEW YOI~K APPEAL FROM DECISION OF BUILDING INSPECTOR DATE .. . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. -- . D~p~. ~_. ~ O o (We) ...... ............ '"'r'- ............... [ ....... Name of Appellant Street and Number ........... ..~....~...L._~..~. ...... ~...~.~.HZL~ ............................................ -LL:'L:.-.~..: ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ........... ~ ................. DATED ...~...L~...~...~...~.......~J~..~-....~. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipaliw State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ~'~.-.-~-~?~.V~.~V~'-~"f~L~E~E~5~T~A~5~-'~*~?~!.~--~Plq~ ,N'¥'.' Street /Hamlet / Use District on Zoning Map District 1000 Section I~K Block Z Lot $,1~ Current Owner Jol~J ('~oWo~ Map No. 'Lot No. Prior Owner "T'i-1~.4,~,~j 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section 3~ /TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~ A VARIANCE to the 2S3ning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. LCrWs Art. ! 6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not~. been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit I ) request for a variance and was made in Appea! No ................................. Dated ............................ ., ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that (Continu~ on other side) z REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because ~ool-- ~ q'~_~ ~q~_~.~.~ ~o ~oT ~Mt~L-f To The hardship created is UNIQUE and is not shared by all properties alike in the in,mediate 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 DISfRICT because STATE OF NEW YORK ) ~ ~. COUNTY OF .......... Sworn to this ~)~' day of ............ ~ ................... 1~ RECEIV NO¥ .I. ? 1993 Seuthold Town Clerk TOWH OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ........ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ,m~.,~.: ......... ~. M...)~_:...~...o..~.~... ~..)~....?.....of ..... ..~..!...,0.......~...-~.,..r~...~...~.J..e:'....~.. ............................ Name of Appellant Street and Number O~.i~.~IT I'-J, ~X. ~41:I~FRy APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit ........... ] .............. .............. ............................. l.., ...................................... Street and Number Municipali~ State PERMIT TO USE PERMIT FOR OCCUPANCY ~11o ~'~.uog~eU Pr;.. O..~..e~r M,~., . 1. LOCATION OF THE PROPERTY ................... "~';;;TT~i&'~¥gE"F'"'b;; District 1000 Section J~ Block ~ Lot ~,iJcurrent ~ner ~. ~ M~, ~U~ ~l~ Mop No. 'Lot No. Prior Owner 2. PROVISION (S) OF TIlE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~J~' A VARIANCE to the Zoning Ordinance or Zoning Map. ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cans. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal(~(has not) been made with respect to this decision Of the Building Inspector or with respect to this property. · Such oppeat was ( ) request for a special permit J~/~ request for a variance k~ N~N ~lo~. J '~d was made in App~a~ No....~.(Je ................. Dated ......~.~Z: ...... ~.~., ................... J .................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~/~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZBI' (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ ~'TU~Te~ ~ ~ To T~ ~T ~A~ ~T' vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE Dl~l K1CT because STATE OF NEW YORK ) ~ ~. COUNTY OF ~,55¢,~ ) ................. Sworn to this. ............. ¢..& ......................... day of ........ ....~-- ¥~Eqx~-'~.. ...... 19 q 3 ~o~:fz(.--.,~o~.l~ T~O~VN OF SOUTHOLD PROPERTY RECORD CARD OWNER ~ STREET c~//O J VILLAGE SUB. LOT~'( FOILMER OWNER N E ACR. S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS Tillable Woodland Meadowland House Plot Total FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD SUFFOLK CO. HEALTH DF_.~T. H.S. NO.._ ' STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISK SYSTEMS FOR THIS RESIDENCE CONFORM TO THE STANDARD~ oF!i SUFFOLK CO. DEPT, OF HEALTH APPLICANT SUFFOLK COUNTY DEPT. OF HE~ SERVICES -- FOR APPROVAL CONSTRUCTION ONLY . DATE: H. S. REF. NO.: ~'~ APPROVED: SUFFOLK CO. TAX MAP DESIGNATIO~; DIST. SECT. BL~K OWNERS ADDRESS: DEED: L. ~/~ P. TEST HOLE STAMP ~a~n~ ~a~. '4 ~ ~n ~ h~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. (~AFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. December 17, 1993 Town of Southold Zoning Board of Appeals Applicant: John Crokos Mun. File No.: 4204 S.C.P.D. File No.: SD-93-24 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. Alternative relief appears warranted as set forth. Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Guehringer, Chairman Serge Do~en, J~. James Dinizio, Jr. Robert A. Villa ich rd i 1 on elep one 1 76 :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, Now York, hereby refers the following to the Suffolk County Planning Oam%ission: XX Variance fwom the Zoning Code, Article XXIII , Section 100-239.4A ~ Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section ~ Special Permit 1) Appeal No: 4204 Applicant: John Crokos Location of Affected Land: 2110 Grandview Drive, Orient, · County Tax Map Item No.: lO00- 14-2-3.11 Within 500 feet of: NY __'Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.to ~tructures withi~ 100 feet of the top of bluff locate pool and related along Long Island Sound. ~opies of Town file an'd related Dated: December 16, 1993 documents enclosed fur your review. APPEALS BOARD MEMBEHS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOVFN OF SOUTHOLD December 15, 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 Keller-Sandgren Associates 10 Mineola Avenue Roslyn Heights, NY 11577 Re: Appl. No. 4204 - Variance (Pool, Deck Areas and Related Construction Within 100 Feet of the L.I. Sound Bluff) Gentlemen: Attached for your permanent records is a copy of the Board's Findings and Determination rendered in the above application. You will note that the Board denied the relief requested, but alternative relief was granted for limited construction of all structures/buildings at not closer than seventy (70) feet to the top of the bluff or bank at the time of construction. If, however, the top of the bluff or bank is altered or changed in any way (due to possible erosion or other activity) which might shorten the setback distance, it will be necessary to return with a new application for re-evaluation and re-consideration prior to construction, unless all structures are clearly set back 70 feet or more from the top of the bluff line at its closest point. It is requested that the setbacks be carefully determined by a surveyor or engineer to prevent any intrusion into the 70-foot buffer area. Also, we would like to bring to your attention that this project is currently being reviewed by the Suffolk County Department of Planning in accordance with the Administrative Code. Following their review and submission of their action to our office, a copy will be transmitted to update your file and the pending Building Department file. Very truly yours, Linda Kowalsk~. Clerk, Board of Appeals Copies of Decision this date transmitted to: Southold Town Building Department Suffolk County Department of Planning Present: BOARD OF ZONING APPEALS TOWN OF SOUTHOLD December 8, 1993 HON. GERARD P. (7:30 p.m. Hearings GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member CLAIRE GLEW, Board Asst. pro tem Commenced) Page 2 Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 APPL. NO. 4202 4205 4203 4204 4195 4199 4206 INDEX ADDlicant ROBERT AND JACQUELYN OBERLIN . SALVATORE VINDIGNI. ROBERT E. BIDWELL JOHN CROKOS PETROL STATIONS LTD. PETER PSYLLOS GARY AND CAROL FISH Pages 3-5 6-9 ~.0-25 28-32 33 33A-42 43 -46 Page 28 - Transcript of Hearings $outhold Town Board of Appeals Wednesday, December 8, 1993 APPLICATION NO. 4204 JOHN CROKOS. Variance to the Zoning Ordinanoe, Article XXIII, Section 100-239.4A(1) for permission to locate pool and related structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 7:50 p.m. (The Chairman opened the hearing and read the Legal Notice and aopplicat~on for the record.) THE CHAIRMAN: I have a copy of a site plan. The nature of this application is in behalf of a swimming pool which is proposed at 62 feet from the lip of the bluff. The house has been approved by this Board in its present position, front yard, rear yard, and so forth. The house is constructed or in construction at this time, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Could I ask you to state your name for the record, sir? Appearance: Keith Keller of Sandgren, for the applicant. I am from the firm and just wanted to explain a little bit leading up to the placement of the pool in the rear yard. In efforts to maximize the amount of room in the back, the new residence, as you can see, was pushed as far forward, within the setbacks, towards the front of the lot, to maximize the room in the back. The closest point of the pool to the bluff is 60 feet. You can see the 75-foot line that runs through the back Page 29 - Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 of the property. We did get an analysis done of the bluff by the Land-Use Company, and I have some copies here of the analysis. Briefly, this states that the bluff is stable and baseable. Also, we have pushed the pool as far towards the house, in an effort to be as far from the bluff as possible, and we have it as closs to the house as we think it should be, regarding the shape and shadow lines that would be affected by the new residence that is there. And that is basically it. We are hoping to be able to get this 60-foot variance from the bluff in order to build the swimming pool where it is shown on the plan. THE CHAIRMAN: When Mr. Sandgren was here, he mentioned the decking material to be used around the swimming pool. That is some sort of mosaic tile or Mexican tile or something? Yes, it is a pagan (sic) tile. THE CHAIRMAN: Is that at pretty much ground level? MR. KELLER: Yes, it is. THE CHAIRMAN: Okay. In dealing with the shadowing of swimming pool, I unfortunately happen to have one in my the house, in no way the magnitude of either this property or this swimming pool. In fact, it is rather dilapidated at this time; but unfortunately, I only get sun --and it is in the approximate position this one is-- about three or four hour~ a day. I had discussed this only with certain people who are in the swimmlng-pool business, and there is no doubt in my mind Page 30 - Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 thatthis pool, to be utilized, is definitely going to have to be heated by something other than just solar; and it is nice to have sun on the pool when one is swimming in it during the day; but at times it may be more practical --and I realize that it adds to the ambiance of the entire scheme of things here in the site plan-- I have no idea how this Board feels in reference to its placement. I ask you basically if the Board does not concur with the 62 feet, do you suggest that we deny the application, come back with another plan? And I know that you may not be able to answer that tonight-- or do you suggest that we come back with an alternate setback? MR. KELLER: Well, I would say probably with an alternate setback. THE CHAIRMAN: All right. Are there any questions of this gentleman? (There was no response.) THE CHAIRMAN: The only other question I had was, those pillars that are holding up, that are shown in the plan, could the swimming pool be built directly around those? MR. KELLER: I THE CHAIRMAN: MR. KELLER: I doubt it. You doubt it? doubt it, it might undermine the inaudible) that is holding up the deck that comes out. THE CHAIRMAN: Okay, thank you. Appreciate it. (word Yes? · Page 31 - Transc~pt of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 MR. KELLER: Just one question, as far as the alternate setback. Are we referring to the 62 feet? THE CHAIRMAN: Yeah, I have no idea how this Board feels. As I said, probably in the eleven years that I have been here, I have never polled a Board --probably it was in a situation you just saw with a winery that I asked them if they had any particular objection to it, and that is probably one of the rare times that I do that, but thank you. MEMBER VILLA: And for the record, it is actually 60 feet and not sixty-two. The closest point. THE CHAIRMAN: Sixty feet. You are absolutely correct. Thank you. MR. KELLER: So will we be coming back next month for further review? THE CHAIRMAN: No, we will close the hearing and then deliberate. I don't know if we will get to it tonight. Member villa; THE CHAIRMAN: MEMBER VILLA: May I ask a question? Surely. Following up on Gerry's question, how close to the house could you move that pool without doing any, putting the pool in any sort of structural integrity (sic)? MR. KELLER: As it is right now, you can see the dotted line to the living room above grade. THE CHAIRMAN: Right. You are referzing to the quasi-bay-window that it looks to be? Page 32 - Transcript of Hearings Southold Town Board of Appeals Wednesday, December 8, 1993 MR. KELLER: Right, above the two pillars. That right now is about eleven feet away; and there is an angle to be posed where you come down for excavation, and you wouldn't want to, like I said, undermine the structural integrity of the pillars there. MEMBER VILLA: Are you saying you are as close as you can be now? MR. KELLER: Yes. Pretty much. We may be able to squeak out another couple feet, but it is pretty --It has been staked out, and from being staked out, you can see it looks kind of Close to the house. THE CHAIRMAN: Are there any other questions? (There was no response.) THE CHAIRMAN: Thank you again. There being no further questions, I make a motion closing the hearing and reserving decision until later. (Seconded and carried; see Clerk's record.) 12/08/1992 10:15 516-727-2605 LAND U$£ CONPANY PAGE 02 December 8~ 1993 Keller & Sandqren Associates 10 Nineola Avenue Roslyn Heights, N.Y. 11577 Attnt Mr. John Sandgren Re g Assessment of Bluff Condition Crokos - Orient ~ear Mr. Sandgrenl As per your request, our office has inspected the above referenced bluff face An order to detez~mine stabilization/revegetation requirements. Based upon our inspection and a review of historical aerial photography it is evident that the bluff slope within the Crokos parcel vicinity is extremely stable and heavily vegetated. No d~uaaqe was observed from the severe Dece~ber 1992 storm event and no remdiable actions are required. It should be noted that the stability is expected to continue as the entire beach/berm area is composed of stone/~ebble material that provides significant protection during storm events. Kindly contact me if you require additional I remain, information. Charles W. Bowman FAX 2576 SounO Avenue · Bo~ngl*lollow, New'yo~ . (5'16) 727-2400 FAX (5'16) 727-2605 SUFFOLK THE WAT£R SUPI~i SYSTEMS FOR TH CONFORM TO? THE SUFFOLK CO. APPLICANT SUFFOLK COUNTY SERVICES -- FOR. CONSTRUCTION ONL'~ DATE: H. S. REF. NO.: , APPROVED: SUFFOLK CO. TAX: s DIST. . ECT. i 1000 · OWNERS k .DDRE~S: 'CIPL-TELt (-_BEOT,q - :~::~" ~NOF~THoL~y ~ COUN~ DEPendENT O~ H~L~H SERVICES Chef ~ Bureau of Wastewater Management - ; : :. ; /, ~ I ~ >,'~:-., SUFFOLK CO HEALTH : APPROVAL H.S NO ~'GO' 6G STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE APPLICANT SUFFOLK COUNTY DEPT OF HEA SERVICES -- FOR APPROVAL OF CONSTRUCTION ONLY H. S. REF. NO , APPROVED: SUFFOLK CO 'FAX MAP DESIGNATION: DIST. SECT. BLOCK PCL OWNERS ADDRESS: TEST HOLE APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BO~P~D OF APPF~4&S TOWN OF SOUTHOLD November 18, 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 1993 Mr. John Sandgren Keller-Sandgren Associates, Architects 10 Mineola Avenue Roslyn Heights, NY 11577 Re: Appl. No. 4204 - John Crokos Dear Mr. Sandgren: We are in receipt of the above-noted application requesting a variance for the location of a proposed inground swimmingpool with adjacent deck areas at Orient. Copies have been distributed to the Board Members for additional review and inspection, and the application has been calendared for the December 8, 1993 Regular Meeting. A copy of the Legal Notice is attached for your records. Please have someone appear in behalf of the applicants at the time specified. This public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available if needed. If your presentation is lengthy, a draft or final written copy is always appreciated, and additional time will be available for your presentation, if needed. Documentation may be added to the Town file to support this application either before or during the public hearing. Please note that amendments for other relief are permitted only by separate application, if deemed necessary by you. The attached Legal Notice describes only the request being made in the application as filed. It was noted by Board Member(s) that the pool area has not been staked as agreed. Please confirm with our office that placement has been made of the stakes for the outside corners of the pool for Board inspection. Yours very truly, Linda Kowalski Enclosure Clerk, Board of Appeals L SUFFOLK CO. HEALTH H.S. NO... STATEMENT OF THE WATER SUPPLY AND SEWAGE Ol~l SYSTEMS FOR THIS RESIOENCE~ CONFORM TO THE STANDARD~.COi~ SUFFOLK CO. DEPT. OF HEALTH ' -Z APPLICANT SUFFOLK COUNTY DEPT. OF'; SERVICES -- FOR APPRO'~ CONSTRUCTION ONLY DATE: H. S. REF. NO.: APPROVED: SUFFOLK CO. TAX MAP DESIGNATiOi~ DIST. ' ; SECT. BL?CK ,iii:~i p~ ;O,00 · /,~ ~,, ., OWNERS A~DNESS: DEED: L. ~v'?A, p. TEST HOLE Copies of the 12/8 Legal Notice to the following on 11/19: Susan Zach, Esq. (re: .Oberlin) Salvatore Vindigni Robert T. Bayley (hand pick-up 11/19) John Sandgren (re: Crokos) Kevin McLaughlin, Esq. (re: Petrol Stations) Mr. Mr. Mr. J. Richard F. Lark, Esq. Rudolph H. Bruer, Esq. (re: Mr. and Mrs. Warren Brady Mr. Gary Fish Board Members L.I. Traveler Suffolk Times Psyllos) - by mailed 11/18 (courtesy copy 11/18 by mail) Newsday (courtesy copy 11/18) Town Clerk Bulletin Board posted 11/18/93 Individual Files - 11/19/93 NO ICE OF PUBLIC HEARINGS NOTIC~ IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold,'01at :the following public heasin/s will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, S~uthold, New York 11971, on WEDNESDAY, DECEMBER 8, 1993, commencing at the times specified below: 1.7'.~2 p.m; AppL No. 4202- ROBERT . AND JAC- QUELYN' OBERLIN. Variance to the Zoning Or- dinance' Article IliA, Section 100-30A.4 (100-33) for ap- proval of an crdstin8 accessor utility storage shed which is located in the southerly front yard area. The subject premises is not a comer lot but fronts along two streets. This property technically does not have an established "rear yard" defined by the code. Location of Property: 805 Oak Avenue, Goose Bay Estates, Southold, NY; Coun- ty Tax District 1000, Sec- tion 77, Block 2, Lot 20.1. The subject premises is located in the R-40 ~x)ne and contains an area of 19,200:b square feet. 2. 7:35 p.m. AppL No 4205- SALVATORE VlNDIGNI. Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3 for permission to construct addition which will exceed the 20% lot coverage limitation. Location of Pro- perty: 1440 Gillette Drive, East Marion, NY; County 'lhx Map District 1000, Section 38, Block 2, LOt 15; also referred to as Lot No. 19 on the Map of Marion Manor filed March 18, 1953 in the Suffolk Coun- ty Clerk's office. This proper- ty is located in the R-40 Low-i Density Residential Zone~ District and has a total lot area of 10,000 sq. ft. 3.7:40 p.m. AppL No. 4203 ROBERT E. BIDWELL. Application for Special Excep- tion under Article 1II, Section 100-31B-13 of the Zoning Or- dinance, for a. pproval of winery uses In existing- building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutehogne, NY, is zoned A-C Agricultural- Conservation and is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, LOt 4.3. 4. 7:50 p.m. Appl. No. 4204- JOHN CROKOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to. locate pool and related structures within] 100 feet of the top of the bluff; along the Long Island Sound. Location of Property~ 2110 Orandview Drive, Orient, NY; County Tax Map Parcel No.I 1000~14-2-3.11. '. -~J. 8:00 p.m. Appl. No. 4195 - PETROL STATIONS LTD. (Carryover to continue hear- ing and/or updates). 6. 8.'00 p.m. AppL No. 4199- PETER PSYLLOS. (Car- ryovec to continue hearing and/or updates). 7. 8:05 p.m. AppL No. 42~6_ - GARY AND CAROL FISH. Special Exception as provided by Article IliA, Section~. 100-30A.2B for permission to establish Accessory Apart- ment use in conjunction with owner's residency in this ex- isting principal building presently occupied as a dwell- ing with garage. Location of Property: 955 Deep Hole Drive, Mattituck, NY; Coun- ty Tax Map Parcel No.. 1000, Section 115, Block 13, Lot 9. This property contains a lotI area of approximately 15,000 I sq. ft. and is located in the R-d0 Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or .represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitred prior to the conclusion of the subject hearing. Each hearing will not start before the times designated abov~ If you wish to review the files or need to request more informa- tion, please call 765-1809 or visit our office. Dated: Novembe, 17, 1993 BY ORDER OF THE ' SOUTHOLD TOWN ~ BOARD OF APPEALS GERARD P. GOEHRINGER I ~ ' ~ CHAIRMAN { ' By: Linda Kowalski * · :/ IX-11/25/93(25) COUNTY OF SUFFOLK .,IA E OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, o(THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; ,',l(I that the notice of which thc annexed is a printed copy, Ilas heen published in said [.ong Island '{'raveler-Watchrnim once cach week for .. · · ./. .... weeks successively, commencing on the ,,,~.~s,/~' Swr)rrl lo be£ore me this o,~ t.)/ ~ ..................... day of ...... .... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of k'ew York No. 4806946 Qualified in Suffolk County Commission Expires ~'/3//9¥ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOU~THOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 17, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4204 Project/Applicants: County Tax Map No. Location of Project: John Crokos 1000- 14-2-3.11 2110 Grandview Dr., Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Pe~missiontolocatepoolandrelatedstructures within l00 feet of top of bluff along L I Sound This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further~ this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: F ROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk November 17,1993 Zoning Appeal Appl. No. 4204 - MR. & MRS. JOHN CROKOS Transmitted herewith is Zoning Board of Appeals Appl. No. 4204 - MR. & MRS. JOHN CROKOS together with the Notice of Disapproval from the Building Department, the Notices to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals Questionnaire, a letter of transmittal from Keller Sandgren Associates and a copy of the Site Plan. Judith T. Terry Southold Town Clerk TO Keller - Sandgren , ociates Architecture and Interiors 10 Mineola Avenue Roslyn Heights, New York 11577 Tel. [516] 621-6400 Fax. [516] 621-3004 WE ARE SENDING YOU ~l~Attached [] UDder separate cover via the following items: [] Shop drawings [] Copy of letter .r~ Prints [] Change order [] Plans [] Samples [] Specifications COPI ES DATE NO* DESCRIPTION THESE ARE TRANSMITTED as checked below: ,~For approval ~[' For your use ~As reduested [] For review and comment [] FOR BIDS DUE [] Approved as submitted E] Resubmit [] Approved as noted [] Submit__ [] Returned for corrections [] Return [] copies for approval copies for distribution corrected prints 19 __ [] PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any actioh is taken. ~HORT ENVIRONMENTAL ASSESSMENT I~NSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or Other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental ASsessmen~ 1. Will pro~ect 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 un~ual land form on the site? Yes ~/No 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-' ute of historic, pre-historic, or paleontologi=al importance or any site designated as a critical 10. Will project have a m~jor effect 'dh existing or future recreational opportunities? 11. Will project result in major traffic problems or ·cause a major effect to existing transportation · systems? 12. Will project' regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes 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- period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy concerning the project? Representing=j~,SMN~.~,~ 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION ('I'o be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. RROdEGT NAME SEQR 3. PROJECT LOCATION: MuniciC~alRy County 4. PRECI~B LOCATION (Street address and road intersections, gromlneflt landmarics, ese., or I=roYIcie map) 5. IS PROPOSED ACTION: I~1 New [] Exoansion [] M~(~lflcatlonlaRlratiofl 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. W)LL PROPOSED ACT;O'N COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Resi0entlal [] industrial [] O~mmer¢ial [] Agriculture 10. DOES ACTION INVOLVE )~ PERMIT APPROVAl. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl..' STATE OR LOCAL)? [] YeS [] No II yes, list aBency(s) and permit/approvals DOES ANY ASPECT OF THE ACT!.~,~I HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ Yes [] Nr ~ ye=, !/st aBency name and permit/approval AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIOED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete ti~e Coastal Assessment Form before proceeding with this assessment side) OVER I ,(Continued on reverse QUESTIO~AIRE FOR FILI~G WITH YOUR Z.B.A. APPLICATIOn! A. Please disclose the names of ~ the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a descriDtion of their interests: (Separate shee% may be attached.) B.' Is the subject Dremises liste~ on the real estate market ~or sale or being shown to prospective buyers? { } Yes {%/} No. (If Yes, pl~e a~-h c_opy o~ "conditions" of ~e.) C. Are ther~ =~ ~upo~al~ t~ ~nge ~ alter l~d c~=c~? {~} Yes { } No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkhea~ed between the wetlands area and .the upland building'area? 4. If your property contains wetlands 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? ~o (If not applicable, state "N.A.") F. .Are there any patios, concrete barriers, bulkheads or fences which exist ~d are not ~hown on t_he survey map that you submitting? ~ If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your Premises? ~ If yes, please submit.a copy of your building permit and ~ap as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close t° this parcel? ~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~'I~GLe ~A~,~ ~-'~l~l~:~IC.~. and proposed use utnorl~ed Si~ture and DA{e/ 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added ~L5-8~' by L.L..No. 6-1984] IV'Eki~NDS [Amended 8-26-76 by I.~ No. 2-1976; 3-28- 85 bT_l-L: Ne. 6-198.5]: -' ...... .~!- {fDAL WETLANDS: (I) (2) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, fiats or other low lying lands subj$ct to tidal action; All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon ~vhich grmvs or may grow some or any of the following:, salt hay, black · grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, groundsel, marshmnl!ow and low (3) AIl la-nd immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within Seven- ty-five (75) feet landward of the most landxvard edge of such a tidal wetland. B. FRESHWATER WETLANDS: · (I) 'Freshwater wet ands" as defined in Article 24. Ti- tle I, § 2-1-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) Ali land immediately adjacent to a "freshwater wet- nd. as defined in Subsection B(1)and lying with- an seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." · 9705 z.:s.ss R~200 SOIl. AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE January 28, 1993 ,~: ~__ ~ Mr. Gerard P. Goehringer, Chairman - Town of Southold Board of Appeals P.O. Bo,~ 1179 Southold, New York 11971 Dear Mr. Goehringer: We have completed a site inspection at the parcel known as Lot #7 in the development of the Grand View Estates Subdivision. The bluff face appears to be well stabilized by shrubs covering nearly the entire face. There is a footpath worn into the bluff face leading down to the beach. The toe of the bluff does not appear to be affected by the high tide, line which doesn't reach the toe. From the street the lot's elevation rises several feet and flattens out over most of it. There is a slight berm across the bluff top edge. The existing grade is away from the bluff face. To protect the bluff face from the foot traffic, stairs should be designed by a professional engineer, and installed according to design. Care must be taken to disturb a minimum amount of the existing vegetation. Any regrading should keep surface water runoff directed away from the bluff face. A low berm at the top edge would ensure no overbank runoff. Provisions should also be made to dispose of the pool water. A drywell drain could be installed for this purpose. If you need any further information please contact this office. Sincerely, Paul A. TeNyenhuis District Teehnieian {iverhead County Center {oom E-16 i~iverhead, New York 11901 - 3398 · ~UD,T. T. TE..¥, ?OWN CLE.K RECEIPT 0 4 8 6 17 Town of Southold Southold, New York 11971 Phone:516-765-1801 DATE ~'"~'-- / ~ 19 7~ ~.~ ~ 3~ ~ ~ (/ BOARD OF APPEALS, TOWN OF SOUTHO~_D In the Matter or the Petition of to the Board of Appeal~ of the Town of Sou[hold TO: MK. ~{:2.C;~-,J, IvfOf-_H~2.11.4~, NOTICE TO ADJACE~IT PROPERTy OWNER YOU ARE HEREBY GIVEN NOTICE: ~-. 1. That, it is the intention of the undersigned to petition the Board of Appeals of the Town of request a (~ariance)-)(Specia[ Exception) (Special Permit) (Other) [circle choice] Sou[hold 2, That the property which is the subject of the Petition is located adjacent to your property and is des- 'cribed as follows: '~-c-71o~4 14. ~ ~,L.O~.K ~ , LoT_ ~.11 3. That lhe property which is the subject of such Petition is located in the following zoning district: 4 That h~ such Petition, the undersigned will request [he following relief: AF-T~Le X X]]I. , ~-.r-~TIoH Io~ - Z~. ~ A (I) - 7¢-' e? e, · S. That the provisions of the Sou[hold Town Zoning Code applicable [o the relief sought by the under- signedare Article ~X]~]: Section IOo- /~. ~L ~.(I) .... [ ] Section 280-A, New York Town Law for' appr0va] of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Sou[hold Town Clerk's Office at Main Road South61d, New York and you ma)' then and there examine tl~e 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, ndwspapers published in[he Town of Sou[hold and designated for the publication o~such notices; that you or your representative have the right to appear and be heard at such hearing. · Dated:' / r . .. . ., Petitioner Owners 'Names :__/'~., ~ ~.xJeN~4 ~q~O~O~' Pos( Office Add~ess Tel. N0. (~10)7~0.]~'' . [~opy of sketch or plan showing proposal :o be attached for convenience purposes.] NAM~ PROOF OF ~4AILIN('; OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Z 799 811 607 Receipt for Certified Mail No tnsurance Coverage Provided Do not use for International Mai; (See Reverse) P.O, State and ZIP Code Postage Celtified Fea Return Receipt Showing Postma~o~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: - ~b~ ~T~. N ~. I[~ , being duly sworn, deposes and says that on the I~ day -- .19 ~ , deponent mailed a true copy of the Notice set forlh on the re- verse side hereof: directed to each of the above-named persons at the addresses set opposite their r~pective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on Ih'e current assessmen~ roll of the Town of Somhoid; that sa d Notices were mailed at the Unite~ States Post Of- 'rice at ~b~ H~T~' ~',~, JIGS7 .;that said Nolicgs were mailed to each Ofsaid'~er~0ns by .{certified) ([egi~tered)m~il. Sworn to before me this day of ,19 Notary Public ~.~?yu'r~. - ~t,. 3/:5//q ¢ (This side does not have to be completed on form transmitted to adjoining property owners.)' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the' Town of Southold : YOU ARE HEREBY GIVEN NOTICE: NOTICE ?o ADJACENT PROPERTY O~ER 1. That it is the intention of the undersigned to petition the Board ()f Appeals of the Town of Southold to request a (~ariancej (Special Exception) (Special Permit) '(Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1,4,: 3. Tidal the property which is the subject of such Petition is located in the following zoning district: 4 That h~ sqch Petition, the undersigned will request the following relief: y. x/IT leo ~ .5. That the provisions of the Southold Town Zoning Code applicab e to the relief sought by the under- signe~ are kcticle ~ Section [ ] SectAon 280-A, New York Town Law for approval of access over right(s)-of-way: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Maih Road Southold, New York and you may then and there examine the same during ~'egular office hours. (516) ?~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, n~wspapers 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. Dated:' II /IZ/~ Petitioner Owners'Names:~/~. 4 M13~ ~]~N~.~I~.~ Post Office Address Z~ C:,~T-klr~Pr~.~a. Ave, Tel. No. (glC.) 14 -74 4 , [Copy of sketch or purposes.] plan showing proposal to be attac'hed for convenience ~R...~OO_~F OF' MAILI..NG OF NOTICE ATTACIt CERTI~ED ~AIL ADD_RE$$ Z 799 ~11 608 Receipt tot Certified Mail No Insurance Coverage Provided (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ' -- -- ' -- : "--~ ~neingdulysworn, deposes and says [hat on ~e j~ da ~r.~:~ ~ . , 19 ~ ~ , deponent ma ed a true ..... · ...... Y .~ .,uc hereof, ~lrecteG to each of the ~h*v- --=-- ...... ~vy u~ ~ne motlce set torth on the re- · .~ --,,~,,,cu persons ar rne aooresses set opposite their rmpective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on ficclhe currentat ~0~ ~ assessment ~oll~T~of the~Town~ ofl [~S°uth°ld;7 thatthatSaidsaidNOl ces were mai ed at ~he United States Post Of- . m~i[ ' ; Notices were mailed to each of said persons by (certified) (registered) mail t Sworn to before me this ./c~ day of ~~A~,19 ,,,.% · Notary Public ~'~a/v~ . This side does not have to be completed on form transmitted to adjoining property owners.) . 18 17 I& i / 1 / i4~TH T'ff, F, ILLI_ ~BC-,TIoI, J '~ Foou , / I 19.9' ¸11 II II l-'-J't----t I I ~I.CI. tlTE~2u'PJ~ & llqTeglORS 10 M1N~OLA AVENUE ROI~YN H~']O~I~ ~ 11577 ($16) 621~ ~0~ (~6) 62~-~ F~ P ¢, Orient Now York D~t~; '~i'~ ' ~'l' ' Orient N~w York Dat~: ~.1~ -'~z. Note; il