Loading...
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. }