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Home My WebLink About4188 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 ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Read P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4188: Upon Application of RUSSELL IRELAND, JR. for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open walkway between the bulkhead and the existing deck addition at the rear of the dwelling, which deck was required to be modified under Appeal No. 4163 on May 11, 1993 with a 15-ft. setback from the bulkhead rather than "as built." Location of Property: 5400 Great Peconic Bay Boulevard, Laurel,. NY; District 1000, Section 128, Block 2, Lot 12. This parcel contains a total area of 43,402 sq. ft. and is located in the R-40 Low-Density Residential Zone District. WHEREAS, after due notice, a public hearing was held on August 18, 1993, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant is seeking a variance for a proposed deck and/or walkway between the dwelling and bulkhead, as shown on Plans A, B and/or C submission with this application. Each of the plans show a deck attachment located within 75 feet of the bulkhead. For reference purposes the Board of Appeals has, under Appeal No. 4163 rendered May 11, 1993, granted alternative relief for an open deck with a setback at not closer than 15 feet to the bulkhead and not closer than 11 feet from the easterly side property line. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 128, Block 2, Lot 12, and contains a total lot area of 43,402 sq. ft. and frontage along Peconic Bay Boulevard of 100 feet. This parcel is improved with a 1-1/2 story frame dwelling, which received a Building Permit issued May 31, 1984 under No. 13177Z to "...replace under-pinning on house and build a kitchen addition, as applied for .... " It is known that the present house was built as a new Page 2 - Appl. No. 4188 Matter of RUSSELL IRELAND, JR. Decision Rendered August 18, 1993 dwelling since the dwelling structure which existed prior to 1984 was removed and damaged in 1983 or 1984 resulting from storm activities. The prior dwelling location and size is shown on the survey prepared by Robert A. Kart dated October 21, 1980 with a setback of approximately nine (9') from the bulkhead. 3. The existing dwelling, without the deck, is shown on the March 18, 1993 survey to be set back 38.4 feet from the southeast corner of the house to the bulkhead structure along Great Peconic Bay at its closest point. The present open deck area was added during about 1985, or shortly thereafter, for which no written permit or other written authorization was found to exist. The Building Inspector's records show that the permit that was issued was not for this particular deck. The deck as exists, and to be modified to conform with the May 11, 1993 decision of the Board of Appeals, presently contains a square footage of approximately 1052 sq. ft. 4. Article X~III, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet. 5. It is the position of the Board that the amount of relief requested in Option "A" submitted by the applicant is substantial. This sketch shows a large deck area, probably 800 sq. ft., which is only strictly different from the request made under Appeal No. 4163, and denied by the Board of Appeals. This proposed extension of deck area, when added to the previous relief granted in May 1993 by the Board of Appeals, is substantial, particularly since the house was moved farther away from the original house location and the new deck area was greatly expanded from the original deck (existing during and prior to 1984) of approximately 200 sq. ft. of deck area to 940+- sq. ft. of deck area. The percentage of relief requested for the deck expansion is substantial at 100% from the required standards. Option "B" also shows a large deck area connecting the deck to the bulkhead which is substantial at 100% from the required standards. Option "C" shows a deck area approximately 20 feet in width (dimensions not shown on applicant's sketches) connecting the bulkhead to the new deck area to be modified for conformance with the Board's May 1993 decision. 6. It is the position of the Board that Sketch Options "A," "B," and/or "C" are substantial and are not the minimum necessary. 7. It is also the position of this Board that in considering this application: Page 3 - Appl. No. 8 Matter of RUSSELL IRELAND, JR. Decision Rendered August 18, 1993 (a) there are alternatives available for appellants to pursue - such as a six-foot wide bridge-type walkway connecting the open deck to the bulkhead, or to fill the area between the to-be-modified deck and the bulkhead with gravel, stone, or other materials; (b) the relief, as requested is not consistent with the essential character of the neighborhood - and the grant of these types of decks will set a precedent for neighboring landowners to follow, at odds with the intent of the zoning regulations; (c) the difficulties claimed are self-created and are not related to the uniqueness of the property; (d) the variance will in turn be adverse to the safety, health, welfare, comfort, convenience and order of the town and neighboring properties - construction of substantial deck areas within 75 feet of the bulkhead as proposed could create adverse effects, and direct wave action durinq storm periods towards the dwelling, instead of into the gr6und areas behind the bulkhead;' (e) in view of all the above, the interests of justice will be served by not granting the relief as requested. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED, that the relief requested for a deck addition expansion, as requested for Sketch Options A, B, and/or C, are hereby DENIED; and BE IT FURTHER RESOLVED, that alternative relief for a limited six-foot wide (unroofed, open) bridge-type deck with safety railings on both sides be GRANTED as a walkway for access purposes between the modified deck area (as per decision under Appeal No. 4163 dated May 11, 1993), and the existing bulkhead. Vote of the Board: Dinizio, Villa, Wilton. RECEIVED AND FILED THE SOUTHOLD TOWN CLERK DATE q}/lq3 HOUR Ayes: Messrs. Doyen, Goehringer, This resolution was duly adopted. P. GOEHRINGER~ CHAIRMAN APPEALS BOARD MENfBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, 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, AUGUST 18, 1993 commencing at -the times specified below: 1. 7:32 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN. (Continued from 7/22/93 meeting). Variance for expansion of accessory storage-garage building which was recently altered under Permit No. 20895 issued 8/18/92 and which addition will be in excess of 20% lot coverage limitation for all buildings. Property Location:. 520 Rabbit Lane, East Marion, NY; Parcel No. 1000-31-18-11. This property is nonconforming at a size of 2614+- sq. ft. 2. 7:35 p.m. Appl. No. 4188 - RUSSELL IRELANDr JR. for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open walkway'between the bulkhead and the existing deck addition at the rear of the Page 2 - Notice of larings Southold Town Board of Appeals Regular Meeting of August 18, 1993 dwelling, which deck was required to be modified under Appeal No. 4163 on May 11, 1993 with a 15-ft. setback from the bulkhead rather than "as built." Location of Property: 5400 Great Peconic Bay Boulevard, Laurel, NY; District 1000, Section 128, Block 2, Lot 12. This parcel cohtains a total area of 43,402 sq. ft. and is located in the R-40 Low-Density Residential Zone District. 3. 7:40 p.m. Appl. No. 4189 - SALVATORE W. CAMPO for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct addition to dwelling with an insufficient (front yard ) setback from Landing Path Road (unimproved). This parcel has two front yard areas, contains a 'total area of 25,175 sq. ft., 100 ft. frontage along the south side of. Clearview Avenue and 251.75 feet along the westerly side of L~nding Path Road (unimproved), Southold, NY; County Tax Map District, section 70, Block 09, Lot 53. 4. 7:45 p.m. Appl. No. 4185 - THOMAS J. McCARTHY (contract vendee). Current Owners: Frank Majeski and others. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, 1992), each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 Page 3 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of August 18, 1993 King Street, New Suffolk, NY; District 1000, Section 117, Block 7, Lot 008. 5 & 6. 7:.50 p.m. Applications of JOHN E. ANDRESEN and others as contract vendees (Current Owner: Thomas N. Anshutz, Jr.) concerning premises known as 1625 Main Road and Franklinville Road West, Laurel, NY; District 1000, Section 127, Block 2, Lot 5.1 containing 59,984 sq. ft. in this R-80 Residential Zone District, for: A) Appl. No. 4186 - Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for permission to locate principal building with a reduced setback from the southerly (front) property line along the Main Road (S.R. 25); and B) Appl. No. 4187 - Special Exception for permission to establish use of proposed building for veterinarian office and animal hospital use in accordance with Article III, Section 100-30B(1) of the Zoning Ordinance. 7. 8:00 p.m. Appl. No. 4184 - CHARLES ~. LEWIS for a Variance as provided by New York Town Law, Section 280-A requesting acceptance of minimum improvements within a private ~a~e 4 - Notice of ~.rings Southold Town Board of Appeals Regular Meeting of August 18, 1993 right-of-way for safe and sufficient access by emergency, fire and other vehicles to: Lot No. 1, as modified, with its proposed access over a right-of-way extending from the westerly side of Lighthouse Road, Southold, NY, over premises now or formerly of Pantel, referred to as Parcel #1000-50-3-3.4, and over premises now or formerly of Suffolk County, known as Parcel #1000-50-3-3.1. Lot No. 2, as modified, with its proposed access over a right-of-way extending from the northerly side of Sound View Avenue, Southold, NY, in a northerly direction over premises now or formerly of Regan, Lindermayer, Stanley, Kudinka and/or Garcia and Sileo, referred to as Parcels #1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The property to which this application is requested for access and standards sufficient for emergency vehicles is shown as Parcels #1000-50-3-14, 15, and 16 for a total combined area of 2.2612 acres, and which is pending before the Southold Town Planning Board for re-division into two lots. 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 'Pare 5 - Notice of ~rings Southold Town Board~f Appeals Regular Meeting of August 18, 1993 the files or need to request more information, please call 765-1809 or visit our office. Dated: August 2, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x FORM NO. a TOWN OF soUTIIOLD BUILDING DEPARTMENT TO',VN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL To RUSSELL .R. IRELAND .IR.. ..... P.O. BOX 10 ...... ..... ; ........ RWICH, ' W RK 1732 PLEASE TAKE NOTICE that your application dated .. '.', .al?b.Y..2.8: ............... 19.9.3.., for permit to A DECK ADDITION TO A SINGI~ FAMILY DI,/ELLIRG "AS BUILT"' WITH CHANGES Location of Pronertv 5400 PECONIC BAY BLVD. LAUREL, N.Y. ~ J filouse ~/o. ' Street ........................ · !2.8. ' .o County Tax Map No. 1000 Section ........... Block .. 22 Lot 12 Subdivision ............. Filed Map No ................. Lot No ........ · .......... ss returned herewith and disapproved on thc following grounds ... 3,L.L. ~IIIM)$NGI5.3M)(3~0. Olq .... · LoTS UPON WHICH A B...Ul/~..AD RIISTS AIID WHICH ~ ADJACENT TO TIDAL I,/ATHR BOD ES ... o-.-~R nua~ so, ms s,ua~ B~ SE: .~.*C,< .oT FROM THE B~AD. ION U RE .P 0 ALS. /~a,~2~ding Inspector 7 ..... RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 ;0AKD OF HEALTH ......... SETS oF PLANS SURVEY ClIECK .................... SEPTIC FOR~I / TEL.: 765-1802 ';OTIF¥: ..~----)__,~,j~ F ?~-~/ /~ ~ . ~ CALL ~Y.~ ~-~. -%- . / .... Exanfined ~ ~ .......... 19~ · HA I L TO: ' Approved. ~/~ .......... 19~ Pe~it No.~.~ ~ ....... . ....' ................ ]'' · ~ t~ - /~ ~ ~. ~ . / .~ ;~ .~:~(..: ;, .: ................. ............................... .... :..... APPLICATION FOR BUILDING PERBIT Dal~ ............. , 19 INSTRUCTIONS a. This application must be completely filled in by typewriter 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 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 this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy 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 applicant agrees to comply with all applicable laws, ordinances, building c~r.g ~,','~de, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections:~L.~.,.,~- O -- (Signa,~~'ant, pl-name, if.a, corPor, atioB) /a. ca,- e,> , (Mailing address of apl~ic~t) //¢~)2~" 6/ State whether appl',pl)~ant/ant iso]wn~o ne , lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ............. .....' ..... : ............................................... ...... Name of owner of premises : ~.~.~. i~~ (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. !~ (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electric an s License No ....................... Other Trade's License No .................... .. Location of land on which proposed work will be done ............................. ..... House cqunlber StreeV Ha]nlet County Tax Map No. I000 Section ....... [.~'~ ....... Block ....... ~.~. ....... Lot ..... [..~'. .......... ~bdivision ..................................... Filed Map No ............... Lot ............... (Name) existiug use and occupancy of premises~,~ ~/ ~//~/a°a intel~led u,s~e and occ~uptancy of proposed construction': 'g use and occupancy ....... .~/~e..~,.] . ./t~/.~/~ ........ ,-..,r,.. ;,.-c.,. ~,~...; ,.. . , .u ,, ......... use and occu anc · ~_-w[ .............. · ......... rauo,~, t ./~ .... Repair .............. Removal .............. DemolitJbn .............. Other Work ~. -/- (Description) 4. Estimated Cost ,~..(Y.. · · '? .............................. Fee ...................................... 5. If dwelling, number of dwelling units / (to be paid on filing this application) .............. Number of dwelling units on each floor ..... /. If garage, number of cars ~. i ' ......... If business, co:nmercial or mixed occupancy, specify natur~ and extent of each type of use ............. i ...... 7. Dimensions of existing structures, if any: Front ..... '-3J~ ....... Rear . .~-~.f... Depth ....'~. '' Height ...... "2~ ....... Number of Stories ..... 1 .If.~. ................................ ' ....... Dimensions of same structure with alterations or additibhs: Front .... ~ ! Rear ~ll I ........... Depth ........ lTD. ........... Hmght ........ ~,~7. ! .......... Ntunber of Stories .... ~ ' .~.' 't .......... 8. Dimensions of entire new construction: Front .... -jJ~..~.. f, t.. Rear . . . ~f. ! ........ Depth .............. Height ........ ~-7'[ !.. Number of Stories ... ~ . · , , . 9. Sizeoflot Front /,9/ot 1, "':,-',"'-'~ ............................ ......... ,..,.- ,,ear La ' ; Date of Purchase .r .~, 7,4 ..... ' ....... ~,~ ... Depth ....~. ~k .............. 10 .............. [¢ t ~[eO- [0 ...... Name of Former Owner .. i~.~. F.~-~. ................. ! 1. Zone or use district in which premisds are situa{ed ........ ~..--..~.~. ................................. 12. Does proposed construction viD!ate any zoning law, ordinance or regulation: ..... ~.~ ....................... 13. W.ill lot be regraded ...' .... ~,/'~9.., .... ,~.., .... ... Will excess fill be ren3ovsd,~z~re~.s.es;.~ ~ Xes 14. ,N. ame o[ .Ow,n.e.r oypremi.~/~.f,.~--.!~_ Attf~' ..... Address ~(, ~.~)(../.O/~,~ .l't.c..lff~oJe'I~.... [¢'~ mame or ^rcmtect .... ,~t.~ ~'. ~,. CUd~,~,l{ .... Address ./'6'~-'. ~e/~t~ ~__.,~. Phone No. Name of Contractor ........................ Address . Phone No 15. Is this property within 300 feet of a tidal wetlahd'?'"*'y'e's .... i2'.'",/ ................ · If yes, Southold Town Trustees Permit may be requir~'~['/~' ao .... ..... PLOT DIAG RAM Locate cldarly 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 comer lot. NOT, J~¥ BUILDING DEPAR{~ AT 765.1802 9 AM m 4 P~FOR THE FOLLOWING INSPECTIONS: I FOUNDATION 3WO REQUIRED ~OR POURED CONCRETE 2, ROUGH . FRAMING & PLUMBING 3, I~SU~TION 4. FINAL CONSTRU~ION MUST 8E COMPLETE FOR C.O. ALL CONSTRUCTION SHA~ ME~ THE REQUIREME~S OF ~E N.~ STATE CONS~U~ION & ENERGY ~CODES. N~ RESPONSlB~ FOR DESIGN OR CON~U~ION ERRORS STATE OF NIII~'O.~,, ]/~ ' ' COUnty o~..-~..~..t.~..c't.& s.s ........ ~)~ .x~.~ . .. ,~.. L.J.~, .[..~..c7,...~' .......... being duly sworn, deposes and says that he is the applicant · (Name of individual signing contract) above named. He is the .............................. ~ ' (C~r~ (r'~ ~or~;t};rat; ~>f~;;r,'e'tc.) ....... ...... of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file ~is application; that all statements contained ~ this application are true to the best Of his knowledge and belief; and that the work w~l be perfomed in the manner set forth in the application filed therewith. Sworn to before me this, ' y_y .......... ,]9.... ...... - .. C~IAELGL~ ~'~ ~ .;~hl~ ............. ~ ~ ~bll~ S~e of N ' ~"~ ~ ~ ............. .o .... ............... ~_ 9~alifle~ ~n Su~ou~ ~ ~U" ' (Signature of appl cant) ~m~mn ~iro4 O~mb~ ?~ ~ · . ;ClIVID TOWN OF SOUTHOLD, NLr~¢ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.' '' ~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, (We, .... /~.~.~.!.L....~.:.~..~....~,.....o, ......... ~..Q, ...... ~.~..../...0.. ................. · Nome of Appellant ,,a Street and Numbe~ ................ .................. .......... THE ZONING BOARD 0F APPEAL2 FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED ............ WHEREBY THE BUILDING INSPECTOR DENIED TO o, ....... ~..:;..o.... Street and Number ~wunicipalih/ / State ( ) PERMIT TO USE () PERMIT FOR OCCUPANCY /..~ .~,,.~,,,,,, o~ v,,,,,~.~. ?,d-,.,, Jd.,. · ~. LOCATION 0~= T.E: PROPAT",' ""'-'A~° tT'.r.,~.~ .C, ... ' ...... · ......... Street'/"a'~'~t / lO';e b~s'~r~;:;%n Z"'""';~n~,"'""'~'"Ao"'"~' ""~" ......................................... ~urre_r 0~ner Map No. 'Lot No. Ptio? 0, ne, ~4oFf'~tf 2. · PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Z0~Jng Ordinance by number. Do not quote the Ordinance.) Article -~ Section' 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box); i" ( /A VARIANCE to the Z~ning Ordir~nce or Zoning Map ( ) A VARIANCE due to lock of access (State Jf New York Town Low Chap. j62 Cons. L~ws Art. 16 Sec'. 280A Subsection 4. PREVIOUS' APPE~kL A previous appeal (has)-/J~e~,~ 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 ~d wa, ~;~e in Appea~ No: ...~.~.~.. ................. °°ted ....~.~.....11.t.~.;.,...~.¢..~.~.,..: .................... REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 (/~/'A Variance to the Zoning Ordinance ( )' Form (Continue on other s'ide) Continued 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 .~,~c 3. The Voriance would observe the spirit o~ the Ordinonce and WOULD NOT CHANGE THE ' / , /I . ' 4u ~k~,~+~ d .+k~. ~ _ ,F STATE OF NEW YORK ) ~.' .. )' ss .......................... COUNTY OF ) ~ ............... . . ~¢ ~¢,/:/,, .. . Sworn to this ................ /.~¢... ...................... day of ........... .................. ...... ............ Notary Public c~.~ i. s."~ c~..~/J~ mi.ion Exptre~ May 14, /~o~:/.~-~-/~ T~)WN OF $Ot~THOLD PROPERTY RECORD CARD I ' OWNER STREET ~/~q/~,~ VILLAGE DIST SUB. LOT FORMER O~.,~IER,/ N '~ ! . · E , J~'0 o~b w'~u~ ACR. J ~ND IMP. TOTAL DATE REMARKS ~t ~ / · , L ~yn ~ .-, :A~ Acre Value Per ' V~lue liable 2 lable 3 ' ~land ~,~,d '. , ~.~ . · ' ~RONTA~E ON WATER g2. g ~ lshland ~ ., FRONTAGE ON ROAD ~use Plot' DEPTH G,~-(~ ~ 'al D~K M. Bldg. Extension Extension E~xteosion 'Porch Porch 'O. tB, ,Total /; 5~° Foundation ~J Bosement Ext. Walls Fire Place Type Roof Both Floors Interior Finish Heat Rooms 1st Floor 34o. Dinette LR. DR. BR. Recreation Room Rooms 2nd Floor FIN. B. Dormer Driveway NOTICE OF ~PuBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by :he SOUTHOLD TOWN BOARD OF APPEALS, at ~he Southold Town Hall, 53095 Main Road, Southold, Xtew York 11971,~ on WEDNESDAY, AUGUST 18, 1993, commencing at the Jmes specified below: 1.7:32 p.m. Appl. No. 4180- lOAN AND ROY BERMAN. Continued from 7/22/93 neeting). Variance for expan- 4on of accessory stomge- ;arage building which was · eeently altered under Permit X/o. 20895 issued 8/18/92 and vhich addition will be in ex- 'ess of 20% lot coverage imitation for all buildings. 'roperty Location: 520 Rabbit .ane, East Marion, NY; Parcel qO. 1000-31-18-11. This pro- ~erty is nonconforming at a ize of 2614+ sq. ft. 2. 7:35 p.m. Appl. No. 4188- ~.USSELL IRELAND, JR. or a Variance to the Zoning )rdinance,. Article XXIII, ;ection 100-239.4B for per- aission to construct open valkway between :the. ~ulkhead and the existing teck addition at the rear of he dwelling, which deck was equired to be modified under ~,ppeal No. 4163 on May 11, 993 with a 15-ft. setback rom the bulkhead rather than 'as built:" Location of Pro- ~rty: 5400 Great Peconic Bay ioulevard, Laurel, N.Y.; )istrict 1000, Section 128, ~lock 2, Lot 12. This parcel ! ontains a total area of 43,402 q. ft. and is located in the [-40 Low-Density Residential ! ~one District. I 3.7:40 p.m. Appl. No 4189- i ALVATORE W. CAMPO for I Variance to the Zoning Or- [ inance, Article III-A, Section / 00-30A.3 for permission to onstruct addition to dwelling ith an insufficient (front ard) setback from Landing ath Road (unimproved). This areel has two front yard teas, 'contains a total area of 5,175 sq. ft., 100 ft. frontage !ong the south side of Clear- iew Avenue and 251.75 feet long the westerly side of Landing Path iliad (uqim:~ proved), Southd~qS;;' CouP: [..~: . ty T~ Map ~strict, Section~ COUNTY OF 70, Block 09, ~t 53. 4. 7:45 p.m. Appl. No. 4185- S TAT E ~ F N E W Y O R K THOMAS J. McCA~HY (Contract vendee). Current owners: Frank Majeski and others. Variance to the Zoning Ordinance, Article III-A, See- tion 100-30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, i992), each with a preexisting dwelling. Location of Proper- ty: 1270 Fourth Street and 305 King Street, New Suffolk, NY; District 1000, Section 117, Block 7, Lot 008. 5 & 6. 7:50 p.m. Applica- tions of JOHN E. AN- DRESEN and others as con- tract vendees (Current Owner: Thomas N. Anshutz, Jr.) con- cerning premises known as 1625 Main Road and Franklinville Road West, Laurel, N~ District 1000, Sec- tion 127, Block 2, Lot 5.1 con- taining 59,984 sq. ft. in this~_ R-80 Residential Zone District, ] for: A) Appl. No. 4186- Variance to the Zoning .Ordinance, Ar- ticle III, Section 100-32, Bulk Schedule, for permission to locate principal building with a reduced setback from the southerly (front) property line along the Main Road (S.R. 25) and B) Appl. No. 4187- Special Exception for permission to establish use of proposed, building for veterinarian of- fiee and animal hospital use in accordance with Article III, i Section 100-30B(1) of the Zon- ing Ordinanc~ 7. 8:00 p.m. AppL No. 4184- CHARLES H. LEWIS for a Variance as provided by New York Town Law, Section 280-A requesting acceptance of minimum improvements within a private right-of-way for safe and sufficient access by emergency, fire and other vehicles to: Lot No. I, as modified, with its proposed access over a right-of-way extending from the westerly side of Lighthouse Road, Southold, NY, over premises now or formerly of Pantel, referred to as Parcel No. 1000-50-3-3.4, and over premises now or formerly of Suffolk County, known as Parcel No. SS: Patricia Wood,' being duly sworn, says that she is the Editor, ot~ THE LONG iSLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; anti that the notice of which the annexed is a printed copy, h,ls been published in saicl I.ong Island Tr;iveJer-Walchm;tl~ ,)ncc each week for successively, commencing on the ................... ~wor'n to befm'e me I[lis .................... d ,, Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 480~4B Qualified in Su[[olk County Commission Expires Lot No 2, as modifie~l, with ] its proposed access over a right-of-way extending from the northerly side of Sound View Avenue, Southold, NY, in a northerly direction over premises now or formerly of Regan, Lindcrmayer, Stanley, Kudinka and/or Garcia and_ Sileo, referred to as Parcels No. 1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The property to which this application is quested for access and stan- dards sufficient for emergen- cy vehicles is shown as Parcels No. 1000-50-3-14, 15, and 16I for a total combined area of 2.2612 acres, and which is pending before the Southold Town Planning Board for re- division into two lots. The Bbard of Appe~[~ wi~ 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- mitted prior to the conclusion of the subject hearing. Each bearing will not start before the times designated above. If you wish to review the files or need to request more informa- tion, please call 765-1809 or visit our offic~ Dated: August 2, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski 1X-8/5/93(16) 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) 765-1823 Telephone (516) 765-1800 August 2, 1993 TO WHOM IT MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and .the time, date and place of the public hearing. Please have someone appear in your behalf at the time specified in the event there are questions (and to prevent a delayin finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. '.If your presentation is lengthy, a draft or final written copy is always appreciated. ~ in the event you wish to amend your application to include other relief and other sections, of the Code to be considered, you must file separate application forms, obtain a new Notice of Disapproval from the Building Inspector, and submit the additional filing fee.. You must notify our office prior to the advertising of the present application for the amendments. Once the application has been advertised, a separate application would be then be required for additional relief. 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, Enclosure Linda Kowalski 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 August 31, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Russell Ireland, Jr. P.O. Box 10 East Norwich, NY 11732 Re: Appl. No. 4188 - Variance (Deck Walkway to Bulkhead) Dear Mr. Ireland: Please find attached a copy of the Board's Findings and Determination granting alternative relief under the above application. Please be sure to return to the Building Department with appropriate application forms, and amended map showing conformance with the alternative relief granted under this decision, for the Building Inspector's review and further action. Construction activities are not permitted without a written permit for the deck areas from the Town Building Inspector (and any other agency appropriately having jurisdiction in this project.) A copy of this decision has been forwarded to the Building Inspectors' Office for his update and record. Very truly yours, Enclosure Copy of Decision to: Building Department Southold Town Trustees Linda Kowalski APPEALS BOAED 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) 765-1823 Telephone (516) 765-1800 September 17, 1993 Mr. Russell Ireland P.O. Box 10 East Norwich, NY 11732 Re: Appl. No. 4188 - Variance Dear Mr. Ireland: Please find attached for your records a copy of communications received today from the Suffolk County Department of Planning in response to our referral under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, county park, waterways, estuary, etc. You will note that the County has left this project for local (Town) determination. Should you have any questions, please feel free to call us. Very truly yours, Linda Kowalski Enclosure DEPARTMENT OF PLANNING eCOUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXEC:UTIVE HAROLD J. WITHERS, PH.D, September 13, 1993o~,ur~ Town of Southold Zoning Board of Appeals Applicant: Russell Ireland, Jr. Mun. File No.: 4188 S.C.P.D. File No.: SD-93-20 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, Harold J. Withers Deputy Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner JUDITH T. TERRY TOWN CLERK REOISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk July 30, 1993 ZONING APPEAL APPL. NO. 4188 - RUSSELL IRELAND, JR. Transmitted herewith is Zoning Appeal Appl No. 4188 - RUSSELL IRELAND, JR. together with the Notice of Disapproval from the Building Department, Trustees Permit #4113, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, and Information Concerning New Division of Land and Projects Involving Increased Density, the Notices to Adjacent Property Owners, a copy of the Building Permit, the application for a Building Permit, a copy of the property map, and copies of Options A, B, and C. Judith T. Terry Southold Town Clerk APPEALS BOAKD MEMBERS Gerard R G~ehringer, 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) 765-1823 · 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~Lmission: X Variance f~6m the Zoning Code· Article XXIII · Section 100-239.4B __Variance from Determination of Southold Town Building Inspector ~Special Exception· Article , Section __Special Permit Appeal No: 4188 Applicant: RUSSELL IRELAND, JR. .. Location of Affected Land: 5400 Great Peconic Bay Blvd., Laurel, NY County Tax Map Item No.: 1000-128-2-12 Within 500 feet of: Town or Village Boundary Line X 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 ~_~_J;~Y< ~~/~'9 Comments: Applicant is requesting permission to construct%pen · walkway between the bulkhead and exist.ing deck addition at the rear of the dwelling· which deck was required fA hm mnH4fi~tt ~mdor A.npPml Nm 4!63 On May !!. lqqq. with m 16-ft. setback frnm tile bulkhead rather than "as built." 'Copies of T6wn file and related documents enc]osed for your review. Dated: August~ 1993 m ' ~ PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD August 18, 1993 (7:30 p.m. Hearings Commenced) Pres e n t : HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member HARVEY A. ARNOFF, ESQ., Town Attorney LINDA KOWALSKI, Clerk-Assistant to Board ZBA Hearings 6 August 18, 1993 APPLICATION NO. 4188 - RUSSELL IRELAND~ JR for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open walkway between the bulkhead and the existing deck addition at ~he ~ear of the dwelling, which deck was required to be modified under Appeal No. 4163 on May 11, 1993 wi~h a 15-ft. setback from the bulkhead rather than "as built." Location of Property: 5400 Great Peconic Bay Boulevard, Laurel, NY; District 1000, Section 128, Block ~, Lot 12. This parcel contains a total area of 43,402 sq. ft. and is located in the R-40 Low-Density Residential Zone District. 7:35 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of the survey indicating, 'penned in, that specific area which is to be removed --You look at that one and I'll get 'the other in a second-- and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Sir, would you like to be heard? Kindly state your name for the record? Appearance: Peter Wilson, Architect, for the Applicant. Yes, I am Peter Wilson. I am the architect for Mr. Ireland who, unfortunately, is out of the country for the hearing. ZBA Hearings 7 August 18, 1993 to say? THE CHAIRMAN: Okay. What can I --What would you like MR. WILSON: First of all, I am not too sure that the language of the application made clear that this'is a pre-existing deck, It has been there since 1984. The reason that the deck takes the configuration it takes is because there is an unusual storm scouring action that occurs along that bulkhead, and it is very, very difficult for Mr. Ireland to retain the soil, the sands fill behind that bulkhead, and the reason he has covered that portion and the reason it stretches out into such an unusual shape is to mitigate that kind of action. If he has to remove the deck, he will have to probably put in some form of retainage behind it, and of course he is very concerned about the expense of doing that, as well as whether or not retainage would in fact do the Job. THE CHAIRMAN: What type of retainage would you be referring to? MR. WILSON: Well, I would suspect --I don't think we have really given that a great deal of detailed thought, but I would imagine that we would probably have to place a six-by-six CCA retaining wall running probably along the perimeter of the deck that is left over, that is, the 15-foot line-- something that would prevent the water from actually sweeping the sand back up underneath the deck and the house, which is what is happening now. In addition to that, I am not too sure that that ZBA Hearings 8 August 18, 1993 would really work. I imagine that he would have to supplement that with a considerably rigorous planting program, and I am not really certain that any of those things would work. Right now the deck, the waves come up over the bulkhead, hit the bulkhead, come up over the top, and the deck actually functions as a break for the water so that by the'time the water reaches the soil underneath, it doesn't have any velocity. And the deck works fairly well. In fact, it worked pretty well in our December storm;.although he did sustain damage to the deck itself, he didn't lose a lot of soil underneath it, and that is why he went to the expense of putting the deck in in that manner originally. THE CHAIRMAN: The thing that I found interesting when I was down there was the fact that there was really no -backfilling in back of the bulkhead. MR. WILSON: Well, that is partly because, you know he really doesn't have to do that because of the presence of the deck. Now if he were to have to remove the deck, and have a 15-foot open area, he would have to backfill that; and in addition to backfilling it, he w6uld have to put some kind of retai, nage in there to prevent it from being washed out again;~ and from what I understand --I haven't been there during normal storm-- but from what I understand, water comes over that bulkhead even during normal storms, notwithstanding the Storm we had in December. ZBA Hearings 9 August 18, 1993 THE CHAIRMAN: Isn't there some sort of material that they now use on the inside of the bulkhead which prohibits-- MR. WILSON: I am not familiar with it. THE CHAIRMAN (continuing): There is, 'I mean --just a quick situation. On the side of the house now instead of using tar paper, they use tiebacks, okay. There is some sort of, it is a type of matting material that they use which prohibits the sand from penetrating through the upright boards and, conceivably, the bulkhead has to be partially, you know, backfilled. There is no question of that. MR. WILSON: He'll have to bring it up to grade anyway because right now there is a substantial drop there from the deck level, and so he'll probably have to fill that. Anyway, I certainly don't think he would want a canyon between his deck and the backside of that bulkhead. The bulkhead certainly isn't going to be very attractive to look at, and it certainly wouldn't be very safe. But it not clear to me that the placement of an add-in or anything else there is going to keep the wave action back from coming over the top and actually washing the sand underneath the house, which is what would happen if that deck isn't there. THE CHAIRMAN: I see. MR. WILSON: I am not familiar with the material you are referring to. I am not saying that it doesn't exist, but I ZBA Hearings 10 August 18, 1993 would frankly be skeptical as to whether or not it would actually work. THE CHAIRMAN: Without getting too belabored, are you --I should point out to you that the reason for'the Board's decision-- and I am not speaking for the Board because they are all here and they can jump in at any time-- was mainly because this Board is not necessarily tuned to the granting of zero line --and it is not really zero because it goes with the high-water mark, Okay-- rear-yard.setbacks in reference to decks; and we don't do it on the Sound because on the Sound you may be 40, 50, 60 feet in the air. You could be 150 feet in the air, and we don't do it to the lip of the bluff, and we don't do it usually on the Bay. This is something that we are not attuned to. It is not kin to us, all right. MR. WILSON: I would like to point out, if I may, that this deck I believe was constructed prior to the initiation of this law. THE CHAIRMAN: I am familiar with the entire case. THE CLERK: Without permits, without a building permit. MR. WILSON: It was done under a construction permit and it was not C of O'd, that's correct. It was not C of O'd. THE CHAIRMAN: It was done under a-- THE CLERK: No, there is no permit on it; I checked already. ZBA Hearings 11 August 18, 1993 MEMBER WILTON: When you say the sand washes up to the house, what is the source of the sand? Is that on the bayside? MR. WILSON: No, it would be any sand that you placed in there against that bulkhead, would be scoured out-- MEMBER WILTON: Landward. MR. WILSON: You s~e, that whole section is a former drainage soil, if. you are familiar with that. THE CHAIRMAN: Yes. MR. WILSON: At one time apparently it was a creek perhaps. In fact, I think it was a creek; as I understand now, the fresh water has gone underground and surfaces out at the bay, and so it's at a very low elevation. His house is indeed up on pilings. It is about 4 feet I think to the base level of the house, and apparently it is the way that that piece of 'p~0Perty juts out into the bay at that point and gets the southeast "blast" if you Will, it comes across and catches that point and hits th'at bulkhead with a lot of velocity and comes up over the top of it. If you will notice on the plan, that the bulkhead does actually curve at that point and goes considerably inland, and that the bordering p~operties are actualy set back further. MEMBER WILTON: It appears when you look at the neighboring properties their grade line is at the bulkhead height or a little bit higher. When you look at Mr. Ireland's ZBA Hearings 12 August 18, 1993 property, and trap it there. MR. WILSON: that hollow is there, he has a hollow there, which would attract the water As I understand, there is a reason that and that is because in the December storm, as I understand it, it ripped out part of a deck and then proceeded to scour out what fill he did have in there. The properties that are to the west, that are further down the bulkhead, are apparently not affected by that velocity because they are further down the bulkhead. The area that he gets scoured out is the area that acts like an elbow that sticks out, it actually sticks out in to the bay; and as you get further and further away from that point, the scouring, the wave action apparently is not as effective. I think the same thing is true that people to the east of that, they are set way back and they don't have the same type.of situation that he has. THE CHAIRMAN: I can understand your statement. The only thing I don't understand is, if you had this velocity of wave, why hasn't it actually undermined or disrupted the bulkhead? Why hasn't it actually broken the stays out of the bulkhead, and so on and so forth? MR. WILSON: First of all, as I understand it, the bulkheads were replaced some years ago. I don't know exactly when-- ZBA Hearings 13 August 18, 1993 THE CHAIRMAN: But I mean, when ¥ou have that kind of velocity against the bulkhead, which is not backfilled you know, it is amazing that the stays themselves haven't broken away. MR. WILSON: Well, I suspect that .the.deck structure has been acting as a brace for it, and that is probably the only reason why they haven't been knocked over. I know that he replaced that entire bulkhead along there some time ago. I did not see it prior to that, so I can't tell you why it was deteriorated. Perhaps it was just old. But I suspect that probably the battering that that takes had something to do with that. THE CHAIRMAN: I just want to tell you, as far back as I go, with this particular piece of property, is approximately 1960 when I don't believe there was even a house there. I believe what it was was a cottage, were a common-use building --I won't get into yacht .club or anything of that nature-- for the community in the back and the surrounding houses around. I am perfectly aware of what happened to it in the early eighties and storm NeLson in 1983 because I went down and saw half of the house in the water and the other half still up on the bulkhead-- MR. WILSON: I am sure you are more familiar with the property than I am. THE CHAIRMAN: And I do understand; you do bring an interesting twist to this whole dilemma. There is no question about it. Just so you are aware of the situation. ZBA Hearings 14 August 18, 1993 MR. WILSON: Frankly it does have a particular quality, and, as I said, the reason why he built the deck that way in the first place, he doesn't' really need that much deck. I am sure you have seen it and know there is'a lot of deck there. As I understand it, once again, I was not, I didn't know Mr~ Ireland back then, but as I understand it, what he tells me, the purpose of that deck is to reduce the scouring action, that he had trouble keeping fill behind the bulkhead. THE CHAIRMAN: We will ask Mr. Villa: this gentleman? MEMBER VILLA: We do have an engineer on the Board. Is there anything you would like to ask Well, what are proposal A, B and C here where they are proposing to take some of the decking away? THE CHAIRMAN: Do you want to go through that with us? · . MR. WILSON: Yes, I believe --obviously he would like to keep all the decking, ~ight, for the reasons stated. But in the interest of compromise, and he felt he would offer these three graphic scenarios. One of them removes a portion of the decking that goes right up to the far eastern portion and nips off a part a little bit of the area in the back. It is not clear to me, frankly, how he would combat the wave action along that edge, which is one of the serious -- THE CHAIRMAN (interposing): Which option are you on right now? ZBA Hearings 15 August 18, 1993 MR. WILSON: little as possible. THE CHAIRMAN: This is the option "A" which reduces as Okay. MR. WILSON: And I believe what hi~ reasoning here was was to get within the side yard setbacks. I think that is the rationale behind that. THE CLERK: We don't have any dimensions for that though. MR. WILSON: I believe you can scale that. This is made to scale, and I believe you can scale, if you relate it to the deck. What it does is it actually conforms to the side yard setbacks. I didn't draw these plans. Mr. Ireland did. This again is more or less arbitrary determination to keep some of the deck. I don't really understand frankly what the rationale 'behind that is. THE CHAIRMAN: You are referring to "B" now? MR. WILSON: Yes. I think "C", I think he was given to believe that he would be allowed to keep 250 square foot of deck. I frankly don't know where that came from, but the-- THE CHAIRMAN: So "C" would more or less go along with the decision that was rendered? MR. WILSON: I believe so, right. MEMBER VILLA: Not really because it doesn't go back --15-foot setback from the bulkhead. ZBA Hearings 16 August 18, 1993 moment, THE CHAIRMAN: By the nature of the application before us he is requesting this effect --This is actually a bridge. MR. WILSON: Obviously a little bigger than a bridge. THE CHAIRMAN: What we need from him is the approximate size of the square footagewise and the lineal distance along the bulkhead.if you would, if you would just give him a call and ask him to-- MR. WILSON: I don't think I have to do that. I think I can give it to you right now. THE CHAIRMAN: Great. MR. WILSON: If we can stay with Scheme "C" for the I think that gives him 24 feet of frontage. THE CHAIRMAN: Existing on the ramp you are referring to. bulkhead. out now? MR. WILSON: On the portion that interfaces with the THE CHAIRMAN: Okay. What about the piece that is cut MR. WILSON: On the easternmost piece reduces by approximately 38 feet; the westernmost piece reduces by approximately 25 feet; and I don't know that you need that other leg in there, that returns north, but that is somewhere in the neighborhood of 26 feet. ZBA Hearings 17 August 18, 1993 THE CHAIRMAN: Does anybody have an interest in Option "A"? On the Board, so that this gentleman doesn't have to go through it? (There was no affirmative response.) THE CHAIRMAN: Okay, we will eliminate option "A" then and go on to "B". MR. WILSON: Option "B" leaves him with 48 feet of net deck area, and it removes about 15 feet from the westernmost portion and the same amount, about 25 feet, from the easternmost portion. THE CHAIRMAN: MEMBER VILLA: Okay. Either the scale is wrong, or something is not right because it shows on the survey 101 feet along that bulkhead; and if you add up with option "C" in three dimensions you gave us, you get 87 THE CHAIRMAN: MEMBER VILLA: THE CHAIRMAN: feet. But that is on a diagonal. It is a diagonal on both sketches. You know, Bob,to be perfectly honest with you, dealing with Peconic Bay Boulevard, I find that to be one of the most bizarre areas to try to develop frontage because even' though you are buying a hundred-foot lot, you end up with 85 feet based on the diagonal. MR. WILSON: The existing bulkhead does not go the full length of the property line. It runs short of that. MEMBER VILLA: But there is no dimensions on that. ,' ZBA Hearings 18 August 18, 1993 MR. WILSON: am sure he took it off THE CHAIRMAN: I am sure this is eight scale because I the site plan. Okay. We thank you very, very much. It was a pleasure meeting you, sir. Are there any other questions of this nice gentleman? MEMBER DINIZIO: Well, I am just wondering if you are concerned about the bulkhead and this deck is doing what you say it is there for, then why wouldn't he suggest that maybe just a 4-foot catwalk along the entire bulkhead, not connected to the deck at all -- Why wouldn't that be an option? Or why wouldn't you try? MR. WILSON: A 4-foot-wide catwalk would really not do anything. MEMBER DINIZIO: What do you say to 6 feet? I mean, would there be an option? Why are you --I would think you would be more adamant to try to-save the land behind that and try somehow to preserve that land, as opposed to connecting the deck to the house, which is in effect what he seems wanting to do. THE CHAIRMAN: Well, ! think he answered that question, and that is the strength issue, okay? The strength issue of connecting it is giving him the over-all strength he needs - one, the bulkhead gets back-- MEMBER DINIZIO: But it certainly won't when you only have 24 feet there. He has no strength whatsoever now on either end, if you go with option "C". ZBA Hearings 19 August 18, 1993 MR. WILSON: Excuse me. What he would have to do with any of these options other than what is there now, is he would have to place fill behind that bulkhead; and he would have to keep replacing it; everytime he had a storm 'action that removed it, he would have to put it back, or he would have to build another bulkhead back along 'the fifteen-foot line that would be designed to keep the fill from scouring out. I am not too sure you understand the problem. The waves come up over the top. The waves would come right up over the top of the four-foot-catwalk and go right into that open gully and still scour everything out of there. Now these compromises that he is suggesting here are all just that. They are going to create some problems for him; but he felt that you were probably going to be unwilling to accept the status quo, and so he is trying to · resPond to that. I am not too sure he has got all the answers here. If you have got a better one, I am sure he would be interested. MEMBER DINIZIO: That would be my answer. If not four feet, then what about slx feet? If not six feet, then what about ten feet? I mean, I think our concern was that this thing was attached --everything seemed to be attached to the house and seemed to be running to the house, and you know that was not a good situation. MR. WILSON: The attachment is not necessarily his objection. What his objective is, is to cover that area with a ZBA Hearings 20 August 18, 1993 horizontal surface that will prevent waves that hit that bulkhead and probably leap 20 feet into the air, in a good storm, and come down and then scour out that sand. I don't think he is as much preoccupied with attaching as he is keeping that thing from scouring out. Obviously the deck also is a usable surface for him as well; and he would like to be able to get to the bulkhead. MEMBER DINIZIO: deck, to him enjoying I have no objection to him having a But you know, in light of the fact that of our decision before, okay, and what you are saying to me now, to my mind the next logical step would have been to try to protect what is behind that bulkhead as much as possible. MR. WILSON: You are saying that rather than have a 24-foot wide, what about a bridge if you want to call it, take that square footage and distribute it like a catwalk? MEMBER DINIZIO: Right, right. MR. WILSON: Well, the problem with that, once again, I don't think it really would solve his problem. I think he would still have to fill behind that and underneath that catwalk, and he would still get washout there. I think what he was 'trying to do with the deck configuration he has got there, obviously if you stretch a four-foot-wide deck across the whole front of the bulkhead, you are going to spend every bit of that 250 square feet and then some, and it is not usable surface. He is not necessarily trying to walk all along the bulkhead. That ZBA Hearings 21 August 18, 1993 is not his objective. What he wanted, he wanted two things: To prevent the scouring and, secondly, to give him an access to that bulkhead whereupon he can get back and forth to the beach. MEMBER DINIZIO: Well, like I said, I just thought that may have been a viable option. MR. WILSON: There may have been several different shapes or configurations he could have tried here. Frankly, these are the three he came up with. I can't really address that. MEMBER DINIZIO: Okay. THE CHAIRMAN: Thank you again. Is there anybody else who would like to speak, either for or against this application? (There was no response.) THE CHAIRMAN: Seeing no hands, I make a motion ciosing the hearing and reserving decision until later. (Seconded and carried; see Clerk's Minutes.) THE CHAIRMAN: Thank you again, sir. You are welcome to give us a call tomorrow. APPEALS BOARD MEMBERS Gerard P. Goehrmger, Chairman Serge Doyen, Jr. James Dinizio, Jr. obe . V' 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 July 30, 1993 o Q c..E. .R.A. TYPE II ACTION DECLARATION Appeal No. 4]88 Project/Applicants: County Tax Map No. Location of Project: Russell Ireland, Jr. 1000-128-2-12 5400 Great Peconic Bay Blvd., Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct open walkway between bulkhead and existing deck addition at rear of dwelling, which deck needs to be modified Under Appeal No. 4163 with a 15 ft. setback from. bulkhead '£nzs No~lce ls 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 ~OK~ NO. 11 TOV/N OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 5OUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permissio.q is hereby grant, ed to: -- ........................ 5:,/.~/.5.......¥~.~. ~..'. ~;.. ............. Coun Tax Ma No 1000 Sect on ty P ..................................... Lot No ......................... pursuant to application dated ........ ~'.),,./.?.;;-~ .......... , ................ , 19f'.~..~.?., and approved by the Rev. 6/30/80 TOWN of SOUTHOLD O OFFICE OF BUILDING INSPECTOR Town Hall !O~' 4 6 ~. 3 4 Southold, New'York 11971 ,-v /~ . Date ..(,.C,, ;....c,;....' ./.../..~...~..,~. L.Z.:,~-~.~;~CdL~[~.;~,'~:~,~.~..z.~.;;';..~.~; .......................... /] O0 Dolla~ :L.,~z~.~.~ .................... ~...~.~,.~,.~,z~ .... ,~.,~ ..................................... Fe~ for Fee for Fee for Certificate · [-I [] [] H.I.C. ~Building Permit [] of Occupancy [] MiJc, [] Cash Check Building Department N°.N°. 214599' ISSUED TQ.~F_.La~/D '-~'o ~, s ~-~.t, -,~-~ ~-,. DATE~ ADDRESS~qvo ~-~E.~r Paco/J~-'~---~t 'g~¢D,, tAo~£ ~ This notice must be displayed during construction and returned to Buildinc De3t 1~c~ Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 41!3 DATE:..3/25/93 ISSUED TO .RUSSELL ~ !R~AS;D Jr. Authorization Pursuant fo the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 40~ of the Laws of fha State of New York 1952: and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on 3/25 19 93., and in consideretlon of the sum of $ 100.00 paid by P.C, Wilson f0~!~ussel~Ireland Jr of Laurel N.Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: To add two additions to either side of existing residence, ren- ovate on second floor, pick up an existing deck, replacing an existing bulkhead. all in accordance with the detailed specifications as presented in the oricjinatincj appI;cation. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board es of this date. TERMS .,.nd CONDITIONS The permittee RUSSELL IRELAND Jr. residing at peconic Bay Blvd. l,~nrel N.Y., ~ pan of the consideration for the iss,,~-,'e of the Permit does understand and prescllbe to the fol- lowing: 1. That the s~id Bosrd of Trustees and the Town of 5outhold a~ released from any and ali damages, or daim~ for dnm2~, Of ~ as~ di~fly or indirectly as a re,It of any opero ation performed purm~nt to this permit, and the -id Permi~e will, az his or her own expcose, defend any and all such suits initiaz~ by ~ parties, and the said Pem~ittee assumes ~ li~bili~ with respect thereto, to the complete exclusion of the Board of Trtm~ees of the Town of 5onthold 2. That this Permit is yard for a period of 12 mos. which is con~md to be the es~nated time required to complete the work involved, but should circnm~ances warrant, request for an extension may be made to the Board at a later da~e. 3. That this Permit should be reta~ed inde~inltely, or as lung as the said Permit~ee wishes to maintain the strucsur~ or project involved, to provide evidence to anyone concerned shat auth- orization was originally obtained. 4. That the work involved will be subject to the inspection and appcov~l of the Bo~d or its agents, and non-compliance with the provisions of the originating application, may be came for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interfetence with navigation as a rc~,!t of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of ~outhold ~equire the removal and/or alteratiom in the location of ~be work herein author/~ed, or i~, in the opinion of the Board of Tsuatee~ the work shall cause unseasonable obstrucoon to free navigation, she said permlttce will be ~ upon due notice, to remove or alter this work or pro~ect herein stated without expumes to the Town of 5outhold. 8. That the said Board will be notified by the Permit'tee ot the completion of the work auth- orized. 9. That the Permittee will obtain ail other permits and consenes d~tt may be requi~t sup- pie. mental to this permit which may be subject to revoke upon falhue to oimfin same. j 617.21 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Prelect sponsor) ~ ' I 7. AMOUNT OF LAND AFFECTED; 9. WHAT PRESENT LAND USE IN VICINITY OF PROJECT? [] AgriCUlture [-'1 Park~ForesUOaen $oace [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. 11· DOES ANY AEPEC THE ACTJC, N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ["~ Yes ~f ye:, its! agency name an~ aermfllapprovat t2. AS A RESULT DF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE II the action is in the Coastal Area, and you are a slate agency, complete lyre Coastal Assessment Form before proceeding with this assessment OVER I '(Continued on reverse side) L_~he N.¥.S. Environmental Quality Review of Act re uires before ~ submission action is taken. S~ORT ENVIRONME~AL ASSESSMENT INSTRUCTIONS: (a) In order to answer the questions in this short £AF it is assumed that the prepare.r 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 a~swered 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} ~nvironmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or 3. Will project alter or have a large effect on an existing body of Water? 4. Will project have a potentially large impact on ~Yes groundwater quality? ,,__Yes ~ 5. Will project significantly effect drainage flow on adjacent sites? ~Yes ~ 6. Will project affect any threatened or endangered plant or animal species? ,~Yes 7. Will project result in a major adverse effect on___.yes ~ air quality? 8. Will project have a major effect on visual char- known to be important to the community? .' ___Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? ~es 10. Will project have a m~jor effect on existing Or future recreational Opportunities? ~es ~ 11. Will project result in major traffic problems or cause a major effect to 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? 13. ~Yes Will project have any impact on public health or safety? 14. Will project affect the existing co~u~unity by '~Yes directly causing a growth in permanent popula- tion of more ~han 5 percent Over a one-year period or have a major negative effect on the charact~ of the community or neighborhood? Is thsre public controversy COncerning the project? QUESTIC~;AIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ~ the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet ma/~b~ at~ac__hed.} B. Is the subject premises listed on the real estate market for - sale~ being shown to prospective buyers? { } Yes { %~ No. (If ~a~, pl~se a~h ~P~ O~ "condi~nns" of ~e.) { } Yes {~ No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with 3. h ul bet~n 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? ~.~. (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~as which e~g~ ~d are not shown on the survey map that you sUbmitting? ~o~_~_ If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? ~A~3 If yes, please submit.a copy of your building permit and'rmap as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~O If yes, please explain where or submit copies of deeds. I. Please list present use o,~operations conducted at this parcel 5i,~{~ ~-~l,¥,.i I¥ ~'~_~, d~.¢ ~ and proposed use(3 ~z_ / AUthorized -qignauure and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Sour:hold. TRUSTEES -- The Board of Trustees of the Town of Southoid. [Added /;-5-84 by L.L. Are. 6-1984] WE ~-7,A~NDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 b~[,,?, No. a-19a~]: -/~- ~'~', '5' A. ~[DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with. or which border on. tidal waters, or lands lying beneath tidal waters, which at mean iow 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 subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grays or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, ma.rshmMlow a,lld low ~-ch cordgrnss: (~) (1) All had immediateb, adjacent ~ a tidal wetiand 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. FRESHWATER IVETLANDS:. "Freshwater 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 Ne~v York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75l feet landward of the most land- ward edge of a "freshwater wetland." 9705 '. :s. ss INFORMATION CONCERNING NEW DIVISIONS OF LAND AND PROJECTS INVOLVING INCREASED DENSITY Lot-line changes, subdivisions, set-offs, etc. for Lots 80,000 sq. ft. min., 175 ft. width min., 250 lot depth min., etc. as required by Ch. 100-Zoning: 1. Southold Town Planning Board (Ch. 106) 765-1938 2. County Department of Health Article VI Approval 548-3327, 3312 Or 3317 3.. Southold Town Building Department (new Certificate of Occupancy, etc.) 765-1802 Lot-line changes, set-offs, subdivisions, etc. for Lots less than 80,000 sq. ft., or 175 ft. width, or 250 ft. depth--requiring variance from Ch. 100 Zoning: STEP 1. County Department of Health Article VI action $ 852-2100 STEP 2. Southold Town Building Department (after $0 submission of proposed project, Notice of Disapproval will be issued containing Articles of Zoning Code basing its Disapproval, Zoning District, etc.) 765-1802 Southold Town Planning Board (Ch. 106-Subdivisions) 765-1938 4. Southold Town Board of Appeals (Ch.100-Zoning) 765-1809 $600.00 5. Southold Town Building Department (new Certificate of Occupancy, etc.) 765-1802 Ail projects or activities within 75 feet of nearest wetland grasses, marsh, water way, etc. should be cleared through the offices of: 1. Southold Town Trustees (Ch.97-Wetland Code) 765-1892 2. Southold Town Building Dept. 765-1802 3. N.Y.S. Dept. of Environmental Conservation 751-7900 3/93 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD ACTION OF THE BOARD 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. 4163: Upon Application of RUSSELL IRELAND, JR. for Variances to the Zoning Ordinance: (a) Article IIIA, Section 100-30A.4 {100-33B-3} for permission to locate accessory garage with a side yard setback at less than the required 10 feet; (b) Article XXIII, Section 100-239.4B for approval of a proposed new deck addition and for grandfather approval of existing deck addition built prior to May 1985, all of which is located within 75 feet of the bulkhead along Great Peconic Bay and with reduced easterly side yard to less than the 20 feet, and total side yards to less than 35 feet, as required by Article IIIA, Section i00-30A.3. Location of Property: 5400 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-128-2-12. This parcel contains a total lot area of 43,402 sq. ft. and is located in the R-40 Low-Density Residential Zone District. WHEREAS, a public hearing was held on April 22, 1993, and at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Article IIIA, Section 100-30A.2, which refers to Section 100-33 for permission to locate a 22' by 22' accessory building for garage purposes in the front yard area with a distance at five feet from the westerly prpperty line and approximately 300 feet from the northerly (frontJ property line. 2. Also proposed in this application are: Page 2 - Appl. No. 4163 Matter of RUSSELL IRELAND, JR. Decision Rendered May 11, 1993 (a) a requested reduction of the side yards for a proposed addition at the easterly side of the existing dwelling leaving a reduced setback at 1i feet from the easterly side line (instead of the required 20 feet) and 38 feet from the bulkhead, at its closest points. The total side yards is also requested to be reduced from 35 feet to 26.2 feet. (b) a reduction in the setback to the bulkhead for an expansion of the previous deck area {which was removed and later rebuilt without building permits according to town files}. The new deck area as expanded and existing today is shown On the survey map prepared by Peconic Surveyors, P.C. as revised March 18, 1993 physicially attached to the bulkhead along Great Peconic Bay. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 128, Block 2, Lot 12, and contains a total lot area of 43,402 sq. ft. and frontage along Peconic Bay Boulevard of 100 feet. This parcel is improed with a 1-1/2 story frame dwelling, which received a Building Permit issued May 31, 1984 under No. 13177Z to "...replace under-pinning on house and build a kitchen addition, as applied for." It is known that the present house was built as a new dwelling since the dwelling structure which which existed prior to 1984 was removed and damaged in 1983 or 1984 resulting from storm activities. The prior dwelling location and size is shown on the survey prepared by Robert A. Kart dated October 21, 1980 with a setback of approximately nine (9') from the bulkhead. 3. The existing dwelling, without the deck, is shown on the March 18, 1993 survey to be set back 38.4 feet from the southeast corner of the house to the bulkhead structure along Great Peconic Bay at its closest point. The open deck area existing between the new house location and the bulkhead contains a square footage of approximately 1052 sq. ft. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet. 5. Article IIIA, Section 100-30A.4 of the Zoning Code requires accessory buildings when located in the rear yard area to be setback a minimum of 10 feet from the side property line. Article IIIA, Section 100-33C, added December 22, 1992, provides that in the case of a waterfront parcel, accessory buildings may be located in the front yard with the understanding that the building be set back at the same rule as for principal (building) Page 3 - Appl. No. 4163 Matter of RUSSELL IRELAND, JR. Decision Rendered May 11, 1993 setbacks. The code requirement for principal setbacks in this R-40 Zone District is 15 feet as a minimum for one sideyard (and at 50 feet minimum from the front line). 6. It is the position of the Board that the amount of side yard relief requested for the garage is substantial at 33%, meeting only 67% of the standard required. The relief requested for the dwelling at i1 feet (instead of the required 20 feet) is also substantial, however the dwelling structure as existed previously was at the same or similar setback of 11+- feet. 7. It is the position of the Board that the amount of relief requested for the setback from the bulkhead from the new house location is substantial, particularly since the house was moved farther away from the original house location and the new deck area was greatly expanded from approximately 200 sq. ft. of deck area to 1,052+- sq. ft. of deck area. The percentage of relief requested for the deck is substantial at 100% from the required standards. 8. It is also the position of this Board that in considering this application: (a) the relief requested for the garage and the deck addition near the bulkhead is not the minimum necessary to afford relief, and there are alternatives available for appellants to pursue, with greater set backs and less relief from the standards applied; (b) the relief, as requested is not consistent with the essential character of the neighborhood; (c) the difficulties are not entirely uniquely related to the property and are personal in nature; (d) the variance would in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by not granting the relief as requested. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED, that the relief requested for the addition with reduction in easterly side yard, for a setback at 11 feet, be and hereby is APPROVED as applied; and BE IT Page 4 - Appl. No. 4163 Matter of RUSSELL IRELAND, JR. Decision Rendered May 11, 1993 FURTHER RESOLVED, that the relief requested for the garage setback at five feet and for the deck addition attached to the bulkhead, as applied under Appeal No. 4163 in the Matter of RUSSELL IRELAND, JR. be and hereby is DENIED, as applied, and the FOLLOWING ALTERNATIVE IS GRANTED: 1. That the deck addition be not closer than 15 feet to the existing bulkhead, at its closest point; 2. That the deck addition remain open and unroofed, as exists; 3. That the proposed accessory garage building be located at a distance of 10 feet (or more at the option of the applicant) from the westerly side property line and in the same general front area shown on the application-survey map; 4. That the proposed garage building remain accessory and incidental to the residence for storage purposes, not to be operated for profitable purposes, and shall not be converted to residential use. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Wilton. (Members Villa and Doyen were absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN / COUNTY OF SUFFOLK Real Property Tax Servic, JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold ..,., Southold, New York 11971 Phone: 516- 765 -1801 DATE .~c~,woo~ ~,..~ ~. ~.~ FoR: ~ ~ .~------'--':~. - bOAS, ,,y: q. ,'_~.,..~:- 047608 $ /-,zoo. ,051~ ft. tgOIl CF ~¢Oit Y OF ERTY ,UREL SOUTHOLD ~UNTY, N. Y. - 02- 12 · .._ 40~ 1, 1989 oOD£H Prep~ed in ao~d~ce with the jnl~m ~t~d~d. for title ~rveye ae e~t~ehed by the L.I.A.L.S. ~d ~proved ~ adopted for euoh uee by The N~w Y~rk State ~and PROP. ADOIT, ~wj,~ ~/~/?~ / / / / / / / / / BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board ot' Appeals of the Town of Southold : NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of (he undersigned to p'etition the Board of Appeals of the Town of Southold to requesta~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is Iqc?ed adjacent to your property and is des- cribed as follows: ' Co~-Wdr~,/ ~¢'/ ~l-~ I000 ~o._cJ-,or~ I?-g ~lock.~. /:_o~-i~¢ 3. That the property which is the subject of such Petition is located in the following zoning district: -40 4 Tba( b~, such Pe(ition, the u.ndersigned will request the following relief: , 5.'That the provisions of the 5outhold Town Zoning Code app cable to the relief sought by the under- signedare ~cle ~_ ~on JO0--~, ~ ~ . [ ] Section 2~New York Town Law fo~ approval of access ove~ r~gh:(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 may then and there examine the same during regular office hours. (516) 765-[809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; tha~ a noticeof such hearing must be published at least five days prior to ~he date of such hearins 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:' Petitioner Owners'Names: Po, t omc, Address Tel. Ho. [Copy of sketch or purposes.] plan showing proposal to PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS. ADDRESS STATE OF NEW YORK } COUNTY OF SUFFOLK) FL ~/ [(9 '~ ~ , being duly sworn, deposes and says that on the ,~ ~c day of r-~:~l~I Tt-~.~-/~ ,19 ~ ~' ', deponent mailed a true copy of the Notice set forth on the re- verse sid~ herfeof, di~l;~cted 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 assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~q~-~t' ~,~, ~,,/,~.,.. ~ ; that said Notices were mailed to each of said persons by (certified: (registered) mail. / ~t~/~4.~ Sworn to bcf, e~el me this ~'_ day of L~]/~ , 19 ~ Notary Public (This side does not have property owqe.rs.) ... to be completed on form transmitted to adjoining