HomeMy WebLinkAbout4193
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
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. 4193:
Application for NICK CYPRUS for a Variance to the
Zoning Ordinance, Article XXIV, Section 100-244B for permission
to construct garage addition with a reduced westerly side yard
at less than the required 10 feet, and total sideyards at less
than 25 feet. Location of Property: 1100 Sound Beach Drive,
Mattituck, NY; County Tax Map Parcel No. 1000-99-1-4.1. The
subject premises is a nonconforming, substandard lot having an
area of approximately 18,500 square feet, located in the R-40
Low-Density Residential Zone District.
WHEREAS, a public hearing was held on October 18, 1993, at
which time those who desired to be heard were heard and their
testimony recorded (no opposition was received); 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, the present use and
building(s), and the surrounding areas; and
WHEREAS, the Board made the following findings of faot:
1. The premises in question:
(a) is a parcel of land shown on the Map of Captain
Kidd's Estates as Lot No. 43 (and 1/2 of as Lot No. 42 and 1/2
of Lot No. 44), which parcel of land is situate along the
northerly side of Sound Beach Drive, at Mattituck, containing a
total lot area of 24,437+- sq. ft.;
(b) is improved with a single-family, one-story frame
dwelling structure set back approximately 77 feet from the
southerly front prgperty line along Sound Beach Drive, 15 feet
from the side (easterly) property line, approximately 70 feet
from the northerly (rear) property line, and 27 feet from the
subject side yard area to the west. The dwelling structure
was built during 1985, and an addition was added in early 1992.
Page 2 - Appl. N 4193
Matter of NICK CYPRUS
Decision Rendered October 18, 1993
(c) is regulated by §100-244 of the Zoning Code as
it pertains to less having more than 20,000 sq. ft. and less
than 40,000 sq. ft. of land area which was enacted in January
1989.
2. By this application, appellant has requested approval
for a reduction in the westerly yard for a 20-foot extension
beyond the existing outer side wall of the dwelling which will
leave a setback of between 6-1/2 and 7 feet. The total setbacks
would be 22+- feet.
3. The code requirement for a nonconforming parcel in this
R-40 Zone District is 10 feet, with total sideyards at 25 feet.
4. It is the position of the Board that the amount of
relief requested is not substantial in relation to the
requirement, being a variance of three feet. No other side yard
would be reduced, and the addition is proposed as garage and
storage area to be constructed over an existing concrete patio.
5. In considering this application, the Board also finds:
(a) there is no valid public outweighing the
applicant's difficulties necessitating a three-foot variance,
and the size of the deviation is de minimus;
(b) a substantial change will not be produced in the
character of the neighborhood;
(c) the difficulty cannot be obviated by some method
feasible for the applicant to pursue other than another variance;
(d) in view of the manner in which the difficulty
arose and the fact that additional land area is not available,
the interest of justice will be served by allowing the
three-foot side yard reduction.
(e) the applicant's difficulties are not self-created
and are uniquely related to ~the layout and general character,
shape and size of this parcel;
(f) in considering all of the above factors, the
interests of justice will be served by granting a reduction in
the easterly yard setback from the permitted 10 feet to 7 feet
(or 6-1/2 feet if needed for overhangs or minimal adjustments),
as requested.
Accordingly, on motion by Member Dinizio, seconded by
Page 3 - Appl. No.
Matter of NICK CYPRUS
Decision Rendered October 18,
1993
Chairman Goehringer, it was
RESOLVED, to GRANT the requested reduction to 6-1/2 feet
from the easterly property line for a proposed garage addition
to the existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS:
1. The easterly side yard of 15 feet remain open and
unobstructed at all times;
2. The garage addition shall not extend more than 20 feet
out from the outer wall of the existing dwelling (as
requested).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, and Wilton. (Member Villa was absent (out-of-town).
This resolution was duly adopted.
lk
GERARD-P. GOEHRINGER, CHAI~
RECEIVED AND FILED BY
THE SOUTHOLD TO%VN CLERK
DATE/~/3-1 /~HOUR /~ ~ ~'~
Town Clerk, Town of Southold
PUBLIC HEARINGS
BOARD OF ZONING APPEALS
TOWN OF SOUTHOLD
Monday, October 18, 1993
Present :
(7:30 p.m. Hearings Commenced)
HON. GERARD P. GOEHRINGER,
Chairman
SERGE DOYEN, Member
JAMES DINIZIO, JR., Member
RICHARD C. WILTON, Member
HARVEY A. ARNOFF, ESQ., Town Attorney
LINDA KOWALSKI,
Clerk-Assistant to Board
Absent: ROBERT A. VILLA, Member
ZBA Hearings -3-
October 18, 1993
APPLICATION NO. 4193 - NICK CYPRUS
for a variance to the Zoning Ordinance, Article XXIV, Section
100-244B for permission to construct garage addition with a
reduced westerly side yard at less than the required 10 feet,
and total sideyards at less than 25 feet. Location of
Property: 1100 Sound Beach Drive, Mattituck, NY; County Tax
Map Parcel No.
nonconforming,
18,500 square
Zone District.
1000-99-1-4.1. The subject premises is a
substandard lot having an area of approximately
feet, located in the R-40 Low-Density Residential
7:30 p.m. (The Chairman opened the hearing and read the Legal
Notice and application for the record.)
THE CHAIRMAN: I have a survey from Roderick Van Tuyl,
P.C., dated December 2, 1968, indicating the original structure
and the additions thereto and I have a copy of the Suffolk
County Tax Map indicating this and surrounding properties in the
area. Would you like to be heard, Mr. Cyprus?
MR. CYPRUS: Whatever you have to know, to answer
you. I do need the garage because I do plan to move here
permanently and the garage is important not just for the cars
alone, but for the space also provided for storage and so
ZBA Hearings
-4- October'18, 1993
on and so forth. And my both neighbors on either side of me,
they not only don't object to me continuing, but they know that
it would enhance the block by doing this. When I say enhance,
it would up to the vehicles covered as well. And at present I
have the house as it is, which is a compliment, I feel, to the
area, and this will certainly not detract from it in any way.
THE CHAIRMAN: Is this garage proposed a one-story
garage?
will
MR. CYPRUS: One story garage.
THE CHAIRMAN: And it will be completely enclosed.
not be a carport,
MR. CYPRUS:
It
a completely enclosed garage, with a --
Oh, absolutely. We have of course two
entrances -- you know what I mean? The garage doors and
entrance to the rear.
THE CHAIRMAN: You say you are going to have two
garage doors, basically one that opens to the water-side, too?
MR. CYPRUS: Right. I would like to have a door there
open to the water. It would be easier for me to get in if I
don't want to open the garage doors. That is about all.
THE CHAIRMAN: While you are standing up, I would ask
the Board if anybody has any questions of Mr. Cyprus?
Concerning his application.
(There was no response.)
THE CHAIRMAN: What would you say the actual height of
the garage would bc, about twelve feet?
ZBA Hearings
-5-
October 18, 1993
MR. CYPRUS: Well, approximately would not exceed the
present height of the building, which is a one-story building.
THE CHAIRMAN: I see. In other words, the original
house is a one-story building.
MR. CYPRUS: The original house is a one-story
building. The addition that I have there is on the east side of
the building which is two-story, but this is on the other side
of it; and it will conform the same height like the rest of the
building, the same roof, L will extend it out, and I don't quite
remember whether I am going to have an extension of overhang to
protect from the rain, and that is about all.
THE CHAIRMAN: You probably want to do this this
winter? As quickly as possible?
MR. CYPRUS: Well, frankly, I will start this winter
like the foundation now.
the rest next spring.
THE CHAIRMAN:
you very quickly.
MR. CYPRUS:
THE CHAIRMAN:
Being I close the house shortly, I do
Well, we hope to have a decision for
I hope so.
Thank you very much. Is there anybody
else who would like to speak? Either in favor or against this
application?
(There was no response.)
THE CHAIRMAN: Any further questions?
(No response from Board members.)
ZBA Hearings
-6-
October
18, 1993
(Board rendered decision at this point.
Minutes.)
See Clerk's
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 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 MONDAY, OCTOBER 18~ 1993 commencing at the
times specified below:
1. 7:30 p.m. Appl. No. 4193 - NICK CYPRUS for a Variance to
the Zoning Ordinance, Article XXIV, Section 100-244B for
permission to construct garage addition with a reduced westerly
side yard at less than the required 10 feet, and total sideyards
at less than 25 feet. Location of Property: 1100 Sound Beach
Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-4.1.
The ~ubject premises is a nonconforming, substandard lot having
an area of approximately 18,500 square feet, located in the R-40
Low-Density Residential Zone District.
2. 7:35 p.m. Appl. No. 4197 - Application of HARLEY B.
ARNOLD for a Special Exception as provided by Article IIIA,
Section 100-30A.2B approving an Accessory Apartment use in
~ag~
2 - Notice o~earings
Southold Town Boar~ Of Appeals
Regular Meeting of October 18, 1993
conjunction with owner's residency in this existing dwelling
situate at 1455 Albo Drive, Laurel, NY; County Tax Map Parcel
No. 1000-126-3-16.
3. 7:40 p.m. Appl. No. 4194 - Application of RACHEL VOEGELIN
for a Variance to the Zoning Ordinance, Article III, Section
100-33 for an accessory satellite dish structure, as installed,
in the southerly yard area (known as front yard area under the
zoning definitions). Location of Property: 58473 (ROW off)
Main Road, Southold, NY; County Tax Map Parcel No.
1000-55-6-33.2.
4. 7:45 p.m. Appl. No. 4192 - ROGER AND MADELYN STOUTENBURGH
for a Variance to the Zoning Ordinance, Article XXIII, Section
100-231A, for approval of man-made berm, as situated, with a
height in excess of four feet from ground level at 505 Skunk
Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-4-3.
5. 7':50 p.m. Appl. No. 4191 - BECKY JOHNSTON for a Variance
under New York Town Law, Section 280-A, for acceptance of
minimum standards of improvements over new easement right-of-way
areas, as modified since the prior Appeal Hearing and
Determination rendered under Appl. No. 3478 on 9/11/86.
Location of Right-of-Way or Easement Area: Commencing at a
point along the north side of Oregon Road, Cutchogue, along the
· Pag~ 3 - Notice of Oarings
Southold Town Board--of Appeals
Regular Meeting of October 18, 1993
westerly side of lands of Bokina, over lands now or formerly of
William J. Baxter and others identified as Lot 1.9, Block 1,
Section 72, extending northerly approximately 1035 feet, to a
point, thence running in an easterly direction approximately 563
feet to the applicant's 'parcel of land identified as Lot 1,
Block 2, Secti0n 73, District 1000, all as shown by survey
amended June 17, 1992, prepared by Roderick VanTuyl, P.C.
6. 7:55 p.m. Appl. No. 4196 - Application of ALLEN OVSIANIK.
Request for a Variance under Article XX, Section 100-101C for
permission to place canopy-type sign at westerly side of
existing principal building to advertise "Eastern Tire, Wheel
Alignment, Mufflers". Location of Property: 32930 Main Road
and easterly side of Eugene Road, Cutchogue, NY; County Tax Map
Parcel ID No. 1000-97-2-15 and 16.5, containing a total combined
lot area of 1.85 acres, a portion of which is located in the "B"
General Business Zone District, and the remaining portion in the
"R-80" Residential Zone District.
7. 8:00 p.m. Appl. No. 4195 - Application of PETROL STATIONS,
LTD. Request for Variance to the Zoning Ordinance, Article
VII, Section 100-72 for approval of more than one principal use
on proposed Lot No. 4 of 39,219+- sq. ft. (exclusive of
right-of-way area). Applicant is also before the Southold Town
Planning Board for a four-lot minor subdivision. The premises
· Pa~e 4 - Notice o~arings
Southold Town Board-of Appeals
Regular Meeting of October 18, 1993
presently contains a total lot area of 5.835 acres and is
improved with: (a) the northerly building which was converted
in 1988 from a barn for the storage of antiques to an
architect's office as shown on the site plan map prepared by
Samuels-Steelman, approved by the Planning Board 12/14/87; (b)
the front main building utilized as a single residence and a
real estate office; (c) a separate garage structure; (d) a
separate shed. Location of Property 25235 Main Road,
Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23.
8. 8:15 p.m. Appl. No. 4198 ~ DR. GEORGE KOFINASo Variance
to the Zoning Ordinance, Article XXIII, Section 100-231(A) for
approval of fence height above four feet, as exists. Location
of Property: 552 East Road, Cutchogue, NY; County Tax Map
Parcel No. 1000-110-7-18.2.
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: October 4, 1993.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
x
~-i'~Notice o~earings
~=~old Town Boa~of Appeals
~J~ular Meeting of october 18, 1993
Copies of Legal Notice to the following 10/4/93:
Ms. Becky Johnston
471 West 22nd St., New York, NY 10011
P.O. Box 1098, Cutchogue, NY 11935
Mr. Burke E. Liburt
The Signs Makers, 155 Flanders Road, Riverhead 11901
J. Kevin McLaughlin, Esq., 1050 Youngs Ave, Southold, NY
11971-1215
Mr. and Mrs. Nick Cyprus, 1100 Sound Beach Dr, Mattituck 11952
Mr. and Mrs. Harley Arnold, P.O. Box 48, Mattituck, NY 11952
Michael K. Belford, Esq., 26 Saxon Ave., Bay Shore, NY 11706-5529
Mr. and Mrs. Roger Stoutenburgh, 505 Skunk Lane, Cutchogue 11935
Dr. George Kofinas, 30-82 36th St., Astoria, NY 11103
L.I. Traveler-Watchman, Inc., (hand delivered 10/5)
Courtesy copies to Newsday and Times-Review
Original posted on Town Clerk Bulletin Board in Lobby
Copies of files to Board Members 10/1 and 10/4/93
Copies to:
Town Attorney
Supervisor
Building Department
Planning Board
Individual Files
FORM
TO~N OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date .q .~?...~. .................. 19
PLEASE TAKE NOTICE that your application dated ?.~.~. ~-
.......................... m ?.' .~..
for pe.~it to ...~.../...~ .~.. ~.~.. ....
Location of Property .............. ·
House No. Street
· . . . . . Hamlet
County Tax M'ap No. 1000 Section .... .~..~. .. Block ... d: ....... Lot .,.~.-. d .......
Subdivision ................. Filed Map No. : ............... Lot No.../. '3 ...........
Is returned herewztb, and d,sapproved on the followin~ ~rounds ..//.4 .594,, ~ ~ ~
· -. ~:-~~..~./'.~. ~~ ./.~ ...............
...... ;...:... ~ .~~: .... . .~.f~ ~....., ~.... ~~-~.~_.
.:-q---~~~ ...................... ~ ...................
· - ' / B~/ding Inspector
RV 1/80
Examined . .~.~...-y~ ........ , 19
Approved ................19... Permit No ............
Dis:ipproveda/c t:~//~--,~ · . · . .
- .... .............
FORM NO. 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-1802
BOARD OF HEALTH
3 SETS OF PLANs
SURVEY
CllEcK ...................
SEPTIC F 0 R,"I .............
t:OTI Py ~
(Building Inspector)
APPLICATION FOFI BUll_DING PI::RMIT
Date ...~...; ........... 19..
INSTRUCTIONS
a. Tlfis application must be completely filled in by Wpewriter or in 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 sti'eets
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. Tlie work covered by this application may not be commenced before issuance of Building Permit. .
d. Upon approval of this application, the Building Inspector will iisued 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 liave 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 descr/b~d.
The applicant 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.
(Si°nature of applicant/,, o'r_ilame, if a corporation)
(Mailing address of applicant)
State whether applicant is~wn~lessee, agent, architect, engineer, general contractor, electrician, plumber or builder·
Nan'e °f °" ncr °f premises ~./-61/</. · .~. ]~'/! ~ t./.JP 4q L]~' '
O ~as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authoriied officer.'
(Name and htle of corporate officer)
Builder's License No.' ................ ' .........
Plumber's License No.
Electrician's License No .......................
Other Trade's License No.
Location of land on which proposed work will be done /./~. ~... :~/J~./3 ['2iOCJ-I :>1~].~..~.
...... . : m. :. ., m. :,/, / i q ................ "'. ..........
llouse Number ............... 2,: ' ': ....... ; ' ''-" ................... : ..... ' .......~ ......... '
· ' . ~treeto, ~ Hamlet JJ
7 "1 ..--
County Tax Map No. I000 Section . :..t~.. .... .... Block J '
...... 5'~, £teo i K' t~.,,,...;Lb, ............... ' .......... ""-'
........ · ................... ......... '. Filed~pI~o /t~7~,
(Name) - · .............. .~u~ · ...............
State existing use and occupancy of premises and intended use and occupancy of proposed ~onstruction:
'
a. Existing use and occupancy .... (... ~ .1'. ,..
b. Intended use and occunancv % C'-~ I" q.'~ Y..~.' ~0 ............................... "·
~ - · ............. .9 c ..¢.c..c.u.D~.,.¢.~.
3. Nature of work (check which ap ble): New Building ..... Ad n .......... Alteration ....... .~..
Repair .............. Removal .............. Demolition .... : ......... Other Work ....... · ........
4. Estimated Cost · · · Fee
- (to be paid on filing this application)
5. I~ gd;:~?~nmU~br eorfO/JsWel~bu,.?~s...~.~...x ........ Number of dwelling units on each floor .............
..... ....... .............. ..:
6. If business, commercial or mixed occup cy, ecify nature and extent oLeach type of use .....................
7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ...............
.Height ............... ~umber of Stories ...............
· Dimensions of same structur~ with alterations or additions' Front ~
De,,,s, .3_.-~ - ~'~ ~- , · .... Rear .~
............ Hmght . g:~/'..,.,..~.,.~ ......... ;.. Number of Stories ... ~ .4~-../,.,j.~..
8. Dimensions of entire new construction. Front .~.0 ....c-~..e~ ~ · Rear ~.~ O. './r~- ~ J" "-/' ~'' ~' ' '~' ' '-~'
mort .. t('..'E~-:.... Number of Stories ....... ~. ~'~ ~ ..... ,~ .......
9. S~ze of lot: Front .. ~1.7t9....F~. ' Rear '/'IC)..I? ?,',~ '.2 .... ~, ....... &' ',-',';,' ':~- ........
Date of Pure' ~,~ ' '"21' :'"~: ........ /' .... ~.,4,0.-~.. ~epth .~r.~..5'. ~r-O-;/~.
I 0. nase ~ / "-/~. & Name o )~/4~ ' ~ .............
11. Z . . . '.'' ". · · .~ ......... fFo. g.rmerOwner .
I,,K./Y....~.~ .7. ~':'ff.Z/~..~'one or use district in which premises are situated .
· .~>.~' /' ~2~,z-¥ . ~.-~.,z ~ ~ ~.,~5. '5,~' ' '
Does proposed construction violate any zonin- law ordin · ,t, ...... '-,-~-~'. ~.~..£7'. =.
12. ;~o~'Z'2Z,'_. ..... )2'~ '-'
13. Wdl lot be regraded .... ~. r).. ........ ~, ........... Will exqess fill be removed from premises: Yes
14. Name of Owner of premises . .,~.kc~..~.'Y7¢/.¢. (.4 [. Address ................... Phone No.)~'.-. ~-~'~..~.
.... . 'Name
of Architect ................... Address ................... Phone No .................
Name of Contractor .......................... Address ................... Phone No ............ ' ....
15. Is this property within 300 feet of a tidal wetland? *Yes ........ No .......
~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 lines. Give street and block number or description according to deed, and show street names and indicate whether
intenor or coruer lot.
STATE OF NEP,t~/'OR~ /I/ S S
cou,~xY 9F..-~..C4.-X t..~.. ·
..... ...... . ......... being duly sworn, deposes says that the applicant
(Name of individfial signing contract) '
above named.
[lc is the ............. ..~.'.{..K)~... " '
(Contractor, agent, cor'porate officer, etc.) . "' ...........
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
.~pplication: that all statements contained in this applicat on are true to the best of his knowledge and belief; and that the
'.york will be performed in the manner set forth in the ~mn ' aticm filod th~rt,~ith '
$ ~lic .......................
worn to before me this
..........
X'otary Public, (.. I.~...~. ... County ,
· NotaryPublic, StateofNew¥ork ' .T~~-.- ~' '
No. 4879505 ,~.' r ' · ........ '~'/-*~-~..~ . .~-.,,- . X ..
Oualified in Suffolk County ~,4.~ · ...... .,~/'.~._': ' ~ ~ \ ......
Commission Expires December 8, lg/-L: ,· . ~/Gs~gnature offapplicant)
TOWN OF SOUTHOLD, NEW YOi~K
RECEIVED
~,' L~ ~. ~.
SEP 2 ~ 1993
',o.:~4t~id Towr~ Clerk
DATE ..............................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD N Y
N~me of A~petlont Stree~ ond Number .....
........................................................................................................... ; ............. HEREBY APPEAL TO
Municipality St, ate
THE ZON,NG BOARD OF APPEALS ~ROM THE DECiSiON OF THE BU~LD,NG INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED .......... n ...............................
WHEREBY THE BUILDING INSPECTOR DENIED TO
...... ..... ..............................
Nome of Applicant far permit
of
Street and Number Municipality State
() PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
I. LOCATION OF THE PROPERTY .J,L~.~...~.V,~.c~,.~,~[~.~..,~.,.,~f/..~./-.ZzZ~.~,~ ,~..'t, ~,1 ~/~"Z
Street /Hamlet / Use District on ~;~i~"~;;
Bistrict 1000 Section~C~ Block I LotL/, ] . ..
............................................................. curren~ Owner
Mop No. 'Lot No. Prior Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article 'iCy: ) \/ Section I ~O "'~ q to -/~
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( ) A VARIANCE to the Zoning Ordinance or Zoning Mop
(~') A VARIANCE due to lack o~ access (State of New York Town Law Chap, 62 Cons. L=Ws
Art. I6 Sec, 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal O (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
~=nd was made. in Appea! No ................................. Dated ............................. , ........................................
RF. ASON FOR APPEAL
Variance to Section 2BOA Subsection 3
Variance to the Zoning Ordinance
l~rm ZBI
(Continue on other side)
_.PI .(
REASON FOR APPEAL!, Continued
saw HARDSHIP because
STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because
CHARACTER OF THE DI
The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
COUNTY 0 ) 'i ...............
Notary F~b ic
MARY ANN CYBULSK!
Notary Public, State o~ New Yo~k
Residing in Suffolk Coun~
No. 52-5895900
~'ommms~on Expires Aioril
~/r r /0 ~0 X. ~ ~, ~ ~ ~. ~ TOWN OF SOUTHOL ARD ~:: ~''
OWNER STREET VILLAGE
FORMER.
N
S
DISTRICT SUB.
ACREAGE
~,,4Z~- . / ~
W TYPE OF BUILDING
RES. ~ SEAS. VL. FARM COMM. I IND.
CB.
MISC.
Est.
Mkt.
Value
LAND IMP. TOTAL DATE REMARKS
'z-oo ~ ~,.,~ ~o' ~z~ (~o ~./;2,~/? 3 _/
NEW NORMAL BELOW ABOVE
FRONTAGE ON WATER
Form Acre Value Per Acre Value FRONTAGE ON ROAD
Tillable 1 BULKHEAD
Tillable 2 DOCK
,Tillable 3
Woodland
Swampland
Brushland
House Plot
~i Total ,
/~v O~f ?d
~'M'Bldg' j 2-~y~ t~-- ~Om .j J ]Foundation Bath
Extension J J~o"' i~O( J
~ ~ . . Floors
Extension '%~9~ ') (qTI 3~, 47~1 Basement
~t, Walls Interior Finish
~tension ~ ~to = Fire Place Heat'
Porch Roof Type
~ ~=~) %'~' 3~-- Porch Roo~ 1st Floor
~ezew~ , tO~ , ~( f~ Patio Rooms 2nd Floor
Driveway Dormer
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
October 4,
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
Dear/~.q ,~-:y//~:
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 $outhold, NY). The Legal
Notice outlines a generalized description of the application
based upon the building inspector's determination, the location
of the property, 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. You may add any documentation to your
file that you feel is appropriate to support your request.
In the event you wish to amend your application for any
reason, you must do so prior to the submission of the
advertisement by our office in the official newspaper. An
amendment to an application must be based upon an amended Notice
of Disapproval from the Building Inspector and include other
relief and other sections of the Code to be'considered, and
additional filing fee (if any). If the original application
was advertised, a separate advertisement and hearing will be
necessary for the amended documents.
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,
Lifida Kowalsk[
Enclosure
APPEALS B OAR/) MEMBERS
Gerard P. Geehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wil~on
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
October 28, 1993
SCOTT L. HARRIS
Superv~s~
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Mr. and Mrs. Nick Cyprus
1100 Sound Beach Drive
Mattituck, NY 11952
Re: Appl. No. 4193 - Variance for Garage Addition
Dear Mr. and Mrs. Cyprus:
Please find attached a copy of communications transmitted
to our office from the Suffolk County Department of Planning
after their review in accordance with the Suffolk County
Administrative Code for projects located within 500 feet of the
Long Island Sound.
You will note that the County has left this project for
local (Town) determination.
This copy is for your update and record.
Very truly yours,
Enclosure
Linda Kowalski
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
ROBERT J. (~AFFNEY
STEPHEN M. JONES, A.LC.P.
DIRECTOR OF PLANNING
October 25, 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)
Stoutenburgh, Roger & Madelyn
~Cyprus, Nick
Kofinas, Dr. George
4192
4193
4198
Very truly yours,
Stephen M. Jones
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
October 21, 1993
Mr. and Mrs. Nick Cyprus
1100 Sound Beach Drive
Mattituck, NY 11952
Re: Appl. No. 4193 - Variance for Garage Addition
Dear Mr. and Mrs. Cyprus:
This is to confirm for the record that you received a copy
of the Board's determination by hand today from our office.
Also, we would like to bring to your attention that since this
project is located within 500 feet of a waterway, a copy of your
file has been transmitted to the Suffolk County Department of
Planning as required by the Suffolk County Administrative
Code. Once that agency has rendered their determination, a
copy will be forwarded to you.
Very truly yours,
Linda Kowalski
Clerk, Board of Appeals
Copies of Decision also transmitted to:
Southold Town Building Department
Suffolk County Department of Planning
'~age 3 - Appl. NO4193
Matter of NICK CYPRUS
Decision Rendered October 18,
1993
Chairman Goehringer, it was
RESOLVED, to GRANT the requested reduction to 6-1/2 feet
from the easterly property line for a proposed garage addition
to the existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS:
1. The easterly side yard of 15 feet remain open and
unobstructed at all times;
2. The garage addition shall not extend more than 20 feet
out from the outer wall of the existing dwelling (as
requested).
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, and Wilton. (Member Villa was absent (out-of-town).
This resolution was duly adopted.
lk
GEIL~RIJ P. GOEItl~ING~R, CHAI~N
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.'
James Dinizio, Jr.
,Robe. rt~A. ~J.l~a.
Ricnara b. ~11 i~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
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 C~m,~ssion:
XX Variance from the Zoning Code, Article XXIV
, Section 100-244B
__Variance from Determination of Southold Town Building Inspector
__Special Exception, Article
, Section
__Special Permit
Appeal No: 4193 Applicant: Nick Cyprus
Location of Affected Land: 1100 Sound Beach Drive, Mattituck,
County Tax Map Item No.: lO00- 99-1-4.1
Within 500 feet of:
Town or Village Boundary Line
Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
NY
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existin9 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 construct garage
with reduced westerly side yard and total sideyards.
addition
Copies of Town file and related documents enclosed
Dated: October 21, 1993
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
SCOTt L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-!1~2.3
Telephone (516) 7~f8~
September 23, 1993
S,E.9.R.A.
TYPE II ACTION DECLARATION
Appeal No. ~193
Project/Applicants:
County Tax Map No.
Location of Project:
Nick Cyprus
1000- 98-1-4.1
1100 Sound Beach Dr., Mattituck
Relief Requested/Jurisdiction Before This Board in this Project:
Construct garage addition with 7' 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 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 1990}.
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)}, this determination shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
mc
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
$outhold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATE:
RE:
Zoning Board of Appeals
Office of the Town Clerk
September 23, 1993
ZONING APPEAL APPL. NO. 4193 - NICK CYPRUS
Transmitted herewith is Zoning Appeal Appl. No. 4193 - NICK CYPRUS
together with the Notice of Disapproval from the Building Department,
a copy of the Building Permit Application, the Notices to Adjacent
Property Owners, a copy of the Survey Map of the property, the
Zoning Board of Appeals' Questionnaire, a Short Environmental Assessment
Form, and a picture of the property.
Judith T. Terry
Southold Town Clerk
1366
NICK CYPRUS
NIKI CYPRUS
44 MARCONI STREET
TENAFLY, NJ 07670
FORK
BANK~
19 42
DOLLARS
, ~dY~lt ~ote
The N.y.$. Environmental Quality Review Act requires submission
of this form, and an enviroamen=al review will be made by this board
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FO~
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 project result in a large physical change
to the project site or physically'alter more
than 10 acres of land?
.. ~es :~ NO
2. Will there be a major change to any unique or
unusual land form on the site? ___Yes
3. Will project alter or have a large effect on
a~ existing body of water?
__Yes ~ N
4. Will project have a potentially large impact on
groundwater quality?
,, Yea ~o
5. Will project significantly effect drainage flow
on adjacent sites?
· Yes ~No
6. Will project affect any threatened or endangered
plant or animal species? . Yes ~No
7. Will project result in a major adverse effect on
air quality? Yes ~No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? . Yes'No
9. Will project adversely impact any site or struct-"
ute of historic, pre-historic, or paleontologi=al
importance or any site designated as a critical
envircamental area by a local agency? .___Yes ~No
10. Will project have a m~jor effect on existing or
future recreational opportunities? . Yes ~No
11. Will project result in major traffic problems or
cause a major effect ~o existing transportation
· ' ' systems?
.. ___Yes
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? ~Yes~NO
13. Will project have any impact on public health
or safety?
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 have a major negative effect on the
charact~ of the co.unity or neighborhood?
15. Is there public controversy concerning the
project? .
Yes o
Preparer,s Signature:
Representing:
'ZBA g/q5
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APFLICANT/SPONSOR I 2. PROJECT NAME
I
3. PROJECT LOCATION:
_,.,.___.x . ·
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM/
/
/
/
SEQR
5. IE PROPOSED ACTION: /~
[] New [] Expansion [] Mocllflcatlonlaltefation
/
6. DESCRIBE PROJECT BRIEFLY:
AMOUNT OF [.~NO AFFECTED: ,
WILL FROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXIE,T/I/NG LAND USE RESTRICTIONS?
[] Yes [] NO If NO. describe briefly ~'
· 11. DOES ~NY .~SPECT OF THE ACTI,~I HA~/E A CURRENTLY VA~tD PERMIT OR APPROVAL?
12. AS A RESULT CF PROPOSED AC~TION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
t CERTIFY' THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
/
If the action is in the Coastal Area, a'nd you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
I .(Continued on reverse side)
QUESTIC~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 sheet mat~be attac~d.)
B. Is the subject premises listed on the real estate market ~or
sale or being shown to prospective buyers? { } Yes
C. Are there a~y!Truposals tu ~ang~ alter l~d
{ } Yes ~No
D. 1. Are there any areas which contain wetl~d grasses?
2. Are the wetland ~eas shown on the map s~mitted with
this application?
3. Is the property ~ul~d.between ~he~etla~ds area
the upland building area? 7~ ~}~'~/~
4. If your property contains ~ettand~ or pond areas, '~ive
you contacted the Office of the Town T~stees for its
deracination 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 applic~le, state "N.A.")
F. Are thee any patios, concrete barriers, bulkheads or fe~
which e~t ~d are not ~h~ ~ ~e survey map that you
s~mitting? ~o If none exist, please state "none."
G. Do you have any constructisn taking place at this time
concerning your premises? ~ If yes, please submit a copy
of your building pe~it and map as approved by the Building
Depar~ent. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? ~ If yes, please explain where or submit copies
of deeds.
I. Pleaae list present use or operations conducted at this
parcel ~ fll~,~ 6'
and
proposed use
Aut~ofiSed Signa~-and Dat~~
3/87, 10/901k
§ 9%13
WETLANDS § 9%13
TOWN ~ The Town of Sou~:held.
TRUSTEES -- The Board of Trustees of the Town of
South,Id. [Added 6-5-84 by L.L..No. 6-1984]
WE ~-'LA. bFDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 hy ~ N~. 6-1985]: -,' "-'., ' .... ~
A~.~' ~DAL WETLANDs: '~
(I) All lands ~'enerally covered or intermittently cov-
ered w/th. 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 tn banks,
bogs. salt marsh, swamps, meadows./lats or other
Iow lyin~- lands subject tn tidal act/on;
(2) All banks, bogs, meadows, flats and tidal marsh
subject to such tides and upon which gro~vs or may
grow some or any of the/ollowin~· salt hay, black
grass, saltworrs, sea lavender, tall cordgrass, high
bush, cattails, groundsel, marsh,~.ow a~d law
~m'ch cnrdgr, r~ nn~/nr
(3) All Im:d immediately adjacent to a tidal wetland as
defined in Subsection A(2) and lying ~vithin seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Fresh~vater wetlands" as defined in Article 24. Ti-
tle 1. § 2-1-0107. Subdivisions l(a) to l(d) inclusive.
of the Environmental Conservation Law 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 mest land.
ward edge of a "freshwater wetland."
9705
2.es.85
M~T~CK
LIO
R-80
R-~O
?
I A-C
JUDITH T. TERRY, TOWN CLERK
Town of Southold
Southold, New York 11971
Phone: 516-765-1801
RECEIVED O F: ~'.'.~ ~f~,~¢~.~..-<-~-~
CASH
I:]~ECK
irt
COUNTY OF SUFFOLK
BOARD OF APPEALS, TOWN OF SOLJTHOLD
In thc Matter or the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE: %~,
1. That i! is 'the intention of the undersigned to petition the Board of Appeals of the Town of Southold ;
to request a~ (Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is L/ne subiect of the Petition is located adiacent to your property and is des-
cribed as follows: //va ~ t~v~ ~ ~2~- ~,-~,~,~ .~ I~.
3. That the propBrty whi.cl;Lis the subiect of such Petition is located in the following zoning district:
}
4 That h~ such Petition, the un~dersigned will request the following relief:
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article~rT~' Section /~- ~-~ ~
' [ ] Section 280-A, New-York Town Law for approval of access over right(s)-of-way]
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 7~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
B6ard of Appea~s; 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.
Dated:' ~ ~///~' ~_-~
Owners'Names:
Po~t Office Addr~s
[Copy of sketch or plan showing proposal to be attm~hed.~or:conve.qi~nce
purposes.]
NAM~
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
P 371 109 716
Receipt for
~er&ffied
(See Reverse)
-1
' ' , being duly sworn, deposes and says that on the ")~'-~ day
of ~o/>./.~.~ p~. .19~ , deponent mailed a true copy of thc Notice set forth on the re-
verse si~e ~ere~f?directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessmept roll of the .Town of Southold; that said Notices were mailed at the United States Post Of-
'rice at /~c-~_~Z/./'/. ~ ~-/,:,' ;that said Notices were mailed to each of said persons by '
(certified) (registered) mail.
MARY ANN CYBULSKI
Notary Public, State of New York
Residing i~ Suffolk County
No. 52-5895900
Commission Expires Apr 30, 19~:/-
(This side does not have to be complet'ed on form transmitted to adjoining
property owners. }