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HomeMy WebLinkAbout4146 APPEALS BOARD I~MBERS 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 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 DELIBERATIONS/DECISION: Appeal No. 4146: Upon Application of FREDERICK E. HULSE, JR. and JOYCE HULSE for a Variance to the Zoning Ordinance, Article III, Section 100-32 (ref. Section XXIV, Section 100-244B) for permission to construct garage/storage addition with reduction in the southerly side yard at less than the required ten (10) feet. Location of Property: 35 Sunset Lane, Greenport, NY; County Tax Map No. 1000, Section 33, Block 4, Lot~9. WHEREAS, after due notice, a public hearing was held on January 14, 1993, and all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "Low-Density Residential R-40" Zone District and is referred to as District 1000, Section 33, Block 4, Lot 49. 2. The subject lot is nonconforming as to total lot area at 15,650+- square feet, and although the lot width and depth of are nonconforming, they do conform to the provisions of Section 100-244B for substandard lots. 3. The subject premises is presently improved with a one-story, single-family dwelling having a livable floor area of 1575+- sq. ft., plus small porch and one-car garage. Located in the rear of the dwelling is an inground swi~aingpool with patio areas and fence enclosure, all as shown on the survey dated January 15, 1976 prepared by Roderick VanTuyl, L.S., P.C. The setbacks of the dwelling as exist are shown on the survey to be 30 feet to the front property line, 33 feet from the northerly side property line, 17 feet to the southerly side property line, and 45 feet to the rear property line )from house). The swimmingpool is shown to be set back 10 feet from Page 2 Appl. No. 4146 Matter of FREDERICK & JOYCE HULSE Decision Rendered January 14, 1993 the rear line and 23+- feet from the southerly property line. 4. Article IIIA, Section 100-30A of the current zoning code (as amended January 10, 1989) provides for minimum side yards at 15 and 10 feet, inclusive of automatic relief provided by Article XXIV, Section 100-244 pertaining to nonconforming lots having less than 20,000 sq. ft. of land area. 5. In this application, a variance is requested for three feet from the southerly side yard setback to allow for the construction of a 10-foot addition to the existing garage, leaving a setback at seven (7') feet to the property line. The addition will be for garage-storage purposes incidental to the owners' residence and not as a separate use. 6. For the record, it is noted that: (a) the buildings and structures presently conform in all respects to Article XXIV, Section 100-244B of the Zoning Code and Article XXIII, Section 100-230A; (b) the extension of three feet into the side yard will not adversely change the character of the area and is the minimum necessary to afford relief; (c) the subject 10 ft. garage addition and other existing building areas would be approximately 2800 sq. ft. coverage and is not in excess of the 20 percent total lot coverage limitation; lot (d) the placement of a stockade fence, as suggested by the property owner to the south, is not in the Board's opinion necessary considering the three-foot reduction is minimal in relation to the requirements and the fact that the distance between the two homes is greater than, and not out of character with, most of the homes in this area of substandard lots. 7. In considering this application, the Board also finds and determines: (a) the relief as granted will not in turn increase dwelling unit density, since only one principal dwelling use will continue as exists; (b) inspection of the site and neighborhood and review of the record find that the practical difficulties claimed, are sufficient to warrant a grant of a three-foot variance; (c) there will be no substantial change in the character of the irmmediate neighborhood or detriment to adjoining properties; (d) the difficulties cannot be obviated reasonably with some method feasible to the appellant to pursue, other than a variance; (e) that it is not unusual for parcels having a lot area of less than 16,000 sq. ft. to necessitate minimal relief in side yard setbacks; (f) that in view of the manner in which ..Page 3 - Appl. No. 4146 Matter of FREDERICK & JOYCE HULSE Decision Rendered January 14, 1993 the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly, on motion by Member Villa, seconded by Chairman Goehringer, it was RESOLVED, to GRANT a Variance for a reduction in the side yard from ten (10) feet to seven (7) feet, as applied and shown on the sketch under consideration, for a 10 ft. by 26 ft. garage-storage addition at the southerly side of the existing dwelling. Vote of and Wilton. duly adopted. the Board: Ayes: Messrs. Goehringer, Doyen, Villa (Member Dinizio abstained.) This resolution was GG:lk GERARD P. GOEHRI~GER, CH~ k. ,, EIVED AND FILED BY THE SOUTI{OLD TOV7i,~ CLi;~iK DATE / //~/93 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 14, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4141 - Application of ALICE BENNETT for a Variance to the Zoning Ordinance, Article III, Section 100-33 (and as amended December 4, 1992) for the placement of an accessory garage in the front yard area with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-1-10. 2. 7:35 p.m. Appl. No. 4146 - Application of FREDERICK E. HULSE, JR. and JOYCE HULSE for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate proposed addition with a reduction in the southerly side yard at less than the required ten (10) feet. Location of Property: 35 Sunset Lane, Greenport, NY; County Tax Map Parcel No. Page 2 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of January 14, 1993 1000-33-4-49. The subject premises is substandard in lot area and is located in the R-40 Zone District. 3. 7:38 p.m. Appl. No. 4145 - Application of JOHN S. McGEENEY and EDWARD F. RODENBACH (as Trustee) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of a reduction of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South Side of Crescent Avenue and the north side of Avenue "B," Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown to substandard in lot area and is located in the R-80 Zone District. 4. 7:45 p.m. Appl. No. 4144 - Application of SPECTACLE RIDGE~ INC. for a Variance to the Zoning Ordinance, Article III, Section 100-3iA(i) for permission to establish second residential use in the proposed accessory barn building {located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992} as living area for family member or guests, and domestic servant (in one unit). Section 100-3iA(i) provides for single-family use, Location of Property: Map No. 1000-84-01-02. not exceeding one dwelling per 14990 Oregon Road, Cutchogue; The subject premises is zoned lot. County Tax Agricultural-Conservation and contains a total area of 19+- acres. Page 3 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of January 14, 1993 5. 7:55 p.m. Appl. No. 4142 - Application of ADAM ASSOCIATES, INC. for a Variance under New York Town Law, Section 280-A for approval of access for emergency and fire vehicles over a private right-of-way extending off the easterly side of Cox Neck Road, Mattituck in an east-west direction a distance of approximately 616.30 feet. The subject right-of-way is referred to on the County Tax Maps as part of Parcel No. 1000-113-14-11 and is situated 670+- feet north of the intersection of C.R. 48 (North Road) and Cox Neck Road. The parcels to which access is requested in this application is identified as County Tax Map Nos. 1000-113-12-10-1, 10.3, 10.2, 9, 8; (and Parcel No. 1000-113-14-11 restricted for park and recreation area use). All areas of access are located in the R-80 Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: December 21, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SUPPLEMENTAL NOTICE OF HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 14~ 1993 commencing at the times specified below: 6. 8:00 p.m. Appl. No. 4140 - Application of ~QHN CROKOS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 7. 8:05 p.m. Appl. No. 4147 - ApplicatiOn of DONALD E. FAHEY, JR. for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of existing deck constructed almost 20 years ago. This deck, under the current zoning regulations, does not meet the required rear yard setback for a substandard parcel in this R-40 Zone District. Location. of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-64-5-32. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 14, 1993 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to ~the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: December 21, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TO~YN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL .~-~f~.~...~:.~.. ~.~.~.~.~. ..... PLEASE TAKE NOTICE that your applicat, ion dated .'..~.~ ~ ~:~ '~ , 19~ '~ J ........................ co~ ~ ~ ~o. ~o0o s~t~o~ ... ~.~ ...... ~o~ ...... ~ ....... ~o~ ...~. ] ....... Subdw[s[on~ .~.. Filed Map No. ~ ~ ~ ~ ............... Lot No...~.~. ........... ,~ - . ~ m ........ v ............ ?? ..... ._..~ Building Inspector Rv 1/8o 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDleted by ADDlicant or Project sDonsor) 1o APPLICANT/SPONSOR ] 2. PROJECT NAME Fred E. Hulse 3. PROJECT LOCATION: Mumcio..W Green[~ort Coumy Suf flok- 35 Sunset Lane, Greenport, NY SEQR DESCRIBE PROJECT SRIEFLY: T. AMOUNT OB LAND AFFECTED: I CERT,~ THAT THE INFORMATION PROVIO~O ABOVE IS TRUE TO TH~ BEST OF MY KNOWLEDGE AO~licanlls0onsor name: Fred E. Hulse Date: J ~ ~ ' ~ ~ side) I! the action is in the Coastal Area, and you are a state agency, complete tr~e Coastal Assessment Form before proceeding with this assessment OVER I -iContinued on reverse The N.y.s' Environmental Quality Review Act requires submission -before any action is taken. I~NSTRUCTIO~S: (a) In order to answer the questions in this short EAF 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 ha~ 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 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 unioue or unusual land form on the site? 3. Will project alter or have a large effect on a~ existing body of water? ~Yes 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will affect any threatened or endangered plantpr°jest or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char-~ aster of the community or scenic views or vistas known to be important to the community? _~Yes .,. N~o 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 locll agency? .__Yes ~ 10. Will project have a m~jor effect on existing or future recreational opportunities? .___Yes 11. Will project result in major traffic problems Or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb. ance as a result of the pro]ect's operation? ~Yes ~No 13. Will project have any impact on public health 14. Will project affect the existing community by ~Yes ~ directly causinq a growth in permanent popula- tion of more than 5 percent OVer a one-year .,.__Yes perlod or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy COnCerning the project? FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................ , 19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... OF HEALTII 3 SETS OF SURVEY ................... CIIECK .......... SEPTIC FORH . .. ,,OLLFYi CALL ................... FLAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ................. I . a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ats 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 r areas, and giving a deta/led description of layout of property must be drawn on the diagram which is part of this appll- ation. c. The work covered by this application may not be cbmmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit roll be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in p~rt for any purpose whatever until a Certificate of Occupancy mil have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Pe'limit pursuant to the uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable'Laws, Ordinances or egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and tmit authorized inspectors on premises and in building for necessaryi~.,~ectic~ns. '~Q ~ regulations, and to (Signature of applicant, or naM, if ~ ~;~;;a'tidr~) .... (Mailing address of applicant) rate whether applicant is owner, lessee, agent, architect, engineer, general contractor,~electrician, plumber or builden '[de. ' ¢4 ' ame of owner of premises . E.~.~ . .~.~... .r~. (as on tlie tax roll or latest deed) applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Ottmr Trade's License No ...................... Location of land on which proposed work will be done ................. . ....... ............ J:.. ......... llouse Number Street .......... ~t&~'l; ;r ................... County Zax Map No. 1000 Section ...~.5 ........... Block ...~. ..... Lot...~ ........... Subdivision ........ ~ ~¢~ ~tc~ Filed Map No. Lot (Name) ............................. State existing use and occupancy of prcmi~es and intended use and occupancy of proposed construction: a. Existing use and occupancy .~.[. l .................................................. b. Intended use and occupancy . ~. ~ Repair .............. Removal ~ .. -. ion .......... AJteration .............. l-Jcmolltlon , Other Work ......... (to be paid on filing this application) 5. If dwelling, number of dwelling units ..... ( ......... Number of dwelling units on each floor...~ . If garage, number ofc~s ...[ ................................... 6. If business, commercial or mixed occupancy, specify na}ure a~d extent of eec t ~pe of use .. ' ............ 7. Dimensions of existing structures ifa-- ~ ~ - ~ ~/~ ~ P He ght ~ , ,,~.rrum.~.~. r~ Rent ~ ~' .... ~'~ ........ " ....................... ucpth .~. ~) ............ Number of Stories ..... / .......... ' ........... D~ensionsofsamestmcturewthalterationsoradditions: Front .~j)j~jj~'~;ir'~j~ ] ........... Depth .~O I 8. Dimens};ns of q~[i;; ~;(~g~dt~i~t~igl~t' '.4'~ 21 't .......... Nt m~ef or Stohes I · · :vront. t~ Rear ~ .' .... ~ .......... 9. ..... ........... ............ ,0. ' · ........... I. ZZ,.&g ....... .......... 11. Zone or use district in which -- . ' .... : ...... :~.~ame~ofFoqnerQwne~.~. [. ~ ...... ~ - ~,em~ses are mtuated . 1¢~; ~.k~ ~ ' * '~J ................ 12. ~oes proposed construc[ion violate any zoning law, ordinance or regularlY}. ~ 13. W~I lot be regraded .~.o ..... ~ Will ............................ 14. Nme of Owner ofpremises~' ~4~'~ ~',- ~e~ll b}~r~ises: ~es ~ ................. ~aares~'~ ~g~!~.~.... ~. Phone No~D;I ~ ~}~.~ Nme of Architect ... ~ ...... Addres~ N~eofContractor~t.~'~'~'; ........ ~...~:t~ ..... 'r*~ ~ PhoneNo . 15. Is thio · ,o ...... ~ .......... Addres~~ o~ ~- ' '~''~ ........ property w~r~n 300 fee~ of a t~' .... S'~,~[~'I~,-N.~.. ~ne NoP.~.7~ ~=& w=czanar *Yes ..... f.'.e~.) ...... ' ' '' · If yes, Southold Town-Trustees Permit may be required· /' PLOT DIAG ~f Locate clearly and distinctly"'~uild~, whether existing or proposed, and indicate ~1 set-back d~ensions from prope~y ~nes. Give street ~d block number or descfiptioh accord~g to deed, and show street nines and ~dicate whether interior or comer lot. J Iz_l. 'OUNTY 0~',,:, ............ 2.>~.:.., ~ ~'~-r L~°~ rATE OF NEW YORK, S.S ....... ~'~ '~'~"'~ ~'~'~'~ ................ being duly sworn, deposes and says that he is the applicant (Name of individual signin~-~'ontract) mvc named. e is the (Contractor agent ....................................... , , corporate officer, etc.) · said owner or owners, and is duly authorized to perform or have perfomned the said work and to make and file this ,plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ~rk will be performed in tire manner set forth in the application filed therewith. yom to before me this ...................... day of ................... 19 >tary Public .... · · .......... County t~ul~etd T~wnCl~rk TOWN OF SOUTHOLD, ti£W YORK APPEAL FROM DECISION OF BUILDING iNSPECTOR DATE .. TO THE ZONING BOARD CF APPEALS, TO\VN OF sOUTHOLD. N. Y. l, (We) Fred E. Hulse~ Jr. .of ......................... ................................................... Street and NumPer Name of Appellant Greenport ................... N.¥ ................. HEREBY APPEAL TO ............................................. State Munic,=ciity THE ZONING BOARD OF APPEALS FROM THE DECISION OF TH5 BUILDING INSPECTOR ON APPLICATION FOR PERMIT ,":O ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Fred E. Hulse~ Jr.. ............. Name of Applicant for permit of 35 Sunset Lane, Greenport, NY ................................... ~ ........... '/~unicipa Jity State Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY I" ( ) ( ) Permission to add on to garage 35 Sunset Lane, Greenport ......... I, LOCATION OF THE PROPERTY ............. Street /Ham]et / ~lse District on Zoning Map Dlstmct 1000 Section3D Block ~ Lot ...~.,.Cu,, ........... Fred E. Hulse. Jr. .......... No. 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ Section /Ob-3~z- z('~ 3. TYPE OF APPEAL Appeal is made herewith (or (please check appropriate box) (X) A VARIANCE to the Zcning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. pREVIOUS APPEAL A previous appeal ~-,ve%9 (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 .. and was made in Appeal No. '...Dated ................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance (x) is requested for the reason that Need to add is only 17 feet on south side of house.' into side yard. 10 feet to esisting garage. There A variance to encroach 3 feet Form Z~! ' ' (Continue on other side) F~,~ STRICT APPLIC/\TION OF THE ORDIFIANCE ~vouid produce practical difficuit~e~ or unneces- HARDSHIP because My only other relief would be to build a the rear yard, which would be out of character with the neighborhood. House has 35 foot side yard on the north still have a combined side yard of 42 feet. 2 car garage in rest of the side and would 2. The hardship created is UNIQUE and is not sh'ared by · vicin,ty of this property and in this use district because Some houses in the area are on 75ft. lots oroperties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The area has all attached garages. A detached garage in this area would be out of place. STATE OF NEW YORK COUNTY OF $~YFO~ SS ............................................ o4 £ Sworn to this day ....................................................... Notary Public JUDITH MAISEL BOTARYPUBLIC, State of New York No. 4952098.Suffolk County Commissioe ExpiresJune 12, ---' ~,-TeW_N OF SOUTHOLD PROPERTY RECORD CARD r~NER... : , STREI~ ~__..~.~ VILLAGE DIST. SUB. LOT , AGE BUILDING CONDITION N~ NO~ BELOW ABOVE ~ ' ~ ~ '~: ' FRONTAGE WATER COLOR M. Bldg. Extension Extension E~ension Porch Porch Breezewoy Foundation ~-° 22~ ,!Basement ' .Ext W~lls ~ JFire Place ~ o ~ £ ~ ~lType Roof ,?~' ~I ~,:/~ IRecreation Room ,Dorme~ Bath Floors Interior Finish -lear Rcoms 1st Floor Dinette jK. LR. DR. Rooms 2nd Floor FIN. B Driveway O~ B. Total CI MAp oF LAkJD ¢_._,U r~ V6 yF.. 0 Forz. JOA ~J. L. ~Z C-ki G i2..G.LZ M POP-T 'TowM oF \% 6CAL.[;: El = MOMUMEI, J'T APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD January 20, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Fred Hulse, 35 Sunset Lane Greenport, NY 11944 Jr. Re: Appl. No. 4146 - Garage Addition (Side Yard) Dear Mr. and Mrs. Hulse: Please find attached a copy of the Board's findings and determination rendered last Thursday night by the Board during our Regular Meeting. It will be necessary for you to directly contact the Building Department for issuance of appropriate permits or other documents before commencing construction activities. A copy of this determination has today also been delivered to the Town Building Department to update their building permit application file. Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Southold Town Building Department APPEALS BOARD MEMBERS Gerard P. Gcehringer, 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 Read P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 DELIBERATIONS/DECISION: Appeal No. 4146: Upon Application of FREDERICK E. HULSE, JR. and JOYCE HULSE for a Variance to the Zoning Ordinance, Article III, Section 100-32 (ref. Section XXIV, Section 100-244B) for permission to construct garage/storage addition with reduction in the southerly side yard at less than the required ten (10) feet. Location of Property: 35 Sunset Lane, Greenport, NY; County Tax Map No. 1000, Section 33, Block 4, Lot 9. WHEREAS, after due notice, a public hearing was held on January 14, 1993, and all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "Low-Density Residential R-40" Zone District and is referred to as District 1000, Section 33, Block 4, Lot 49. 2. The subject lot is nonconforming as to total lot area at 15,650+- square feet, and although the lot width and depth of are nonconforming, they do conform to the provisions of Section 100-244B for substandard lots. 3. The subject premises is presently improved with a one-story, single-family dwelling having a livable floor area of 1575+- sq. ft., plus small porch and one-car garage. Located in the rear of the dwelling is an inground swimingpool with patio areas and fence enclosure, all as shown on the survey dated January 15, 1976 prepared by Roderick VanTuyl, L.S., P.C. The setbacks of the dwelling as exist are shown on the survey to be 30 feet to the front property line, 33 feet from the northerly side property line, 17 feet to the southerly side property line, and 45 feet to the rear property line )from house). The swimmingpool is shown to be set back 10 feet from Page 2 - Appl. No{ :146 Matter of FREDERI & JOYCE HULSE Decision Rendered January 14, 1993 the rear line and 23+- feet from the southerly property line. 4. Article IIIA, Section 100-30A of the current zoning code (as amended January 10, 1989) provides for minimum side yards at 15 and 10 feet, inclusive of automatic relief provided by Article XXIV, Section 100-244 pertaining to nonconforming lots having less than 20,000 sq. ft. of land area. 5. In this application, a variance is requested for three feet from the southerly side yard setback to allow for the construction of a 10-foot addition to the existing garage, leaving a setback at seven (7') feet to the property line. The addition will be for garage-storage purposes incidental to the owners' residence and not as a separate use. 6. For the record, it is noted that: la) the buildings and structures presently conform in all respects to Article XXIV, Section 100-244B of the Zoning Code and Article XXIII, Section 100-230A; (b) the extension of three feet into the side yard will not adversely change the character of the area and is the minimum necessary to afford relief; lc) the subject 10 ft. garage addition and other existing building areas would be approximately 2800 sq. ft. coverage and is not in excess of the 20 percent total lot coverage limitation; lot (d) the placement of a stockade fence, as suggested by the property owner to the south, is not in the Board's opinion necessary considering the three-foot reduction is minimal in relation to the requirements and the fact that the distance between the two homes is greater than, and not out of character with, most of the homes in this area of substandard lots. 7. In considering this application, the Board also finds and determines: (a) the relief as granted will not in turn increase dwelling unit density, since only one principal dwelling use will continue as exists; (b) inspection of the site and neighborhood and review of the record find that the practical difficulties claimed, are sufficient to warrant a grant of a three-foot variance; (c) there will be no substantial change in the character of the immediate neighborhood or detriment to adjoining properties; (d) the difficulties cannot be obviated reasonably with some method feasible to the appellant to pursue, other than a variance; le) that it is not unusual for parcels having a lot area of less than 16,000 sq. ft. to necessitate minimal relief in side yard setbacks; (f) that in view of the manner in which Page 3 - Appl. No~146 Matter of FREDERICK & JOYCE HULSE Decision Rendered January 14, 1993 the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly, on motion by Member Villa, seconded by Chairman Goehringer, it was RESOLVED, to GRANT a Variance for a reduction in the side yard from ten (10) feet to seven (7) feet, as applied and shown on the sketch under consideration, for a 10 ft. by 26 ft. garage-storage addition at the southerly side of the existing dwelling. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Villa and Wilton. (Member Dinizio abstained.) This resolution was duly adopted. GG:lk GERARD P. GOEHRINGER, CHAIRMAN SCOTT L. HARRIS SUPERVISOR FAX (516) 765 - 1823 TELEPHONE (516) 765 - 1800 OFFICE OF THE SUPERVISOR TO~ OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Pre s e n t : HON. PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF $OUTHOLD January 14, 1993 GERARD P. GOEHRINGER, JAMES DINIZIO, JR. SERGE DOYEN ROBERT A. VILLA RICHARD C. WILTON (7:30 p.m. Chairman Hearing) LINDA KOWALSKI, Secretary-Clerk to Board Board of Appeals Page 8 /93 Hearings APPLICATION NO. 4146 - of FREDERICK E. HULSE, Jr. and JOYCE HULSE for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate proposed addition with a reduction in the southerly side yard at less than the required ten (10) feet. Location of Property: 235 Sunset Lane, Greenport, NY; County Tax Map Parcel No. 1000-33-4-49. The subject premises is substandard in lot area and is located in the R-40 Zone District. 7:35 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: The nature of this application is a garage added to an existing garage, and it is to be placed southeasterly corner of the property, adjacent the existing garage, as I just mentioned. The application reads: I need to add 10 feet to the existing garage. There is only 17 on the south side. The variance is to encroach 3 feet into the side yard area; and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Hulse, would you like to be heard? MR. HULSE: Yes. Speaking in favor, of course. This is an area of many 75-foot lots who are entitled to 5-foot side yards. In fact, my neighbors up the road, a few of them do have 5-foot side yards. Also the area is mainly attached garage, not detached garage, and so it certainly will not change the character of the area. If this was not granted, I would have to Board of Appeals Page 9 ~/14/93 Hearings put a detached garage in the rear yard going back on that same side, which I believe I can go like two feet off the side yard. THE CHAIRMAN: Three. MR. HULSE: Okay, three. And I would have to go in the back and do that, which certainly would not be keeping with the character of the area. And I can't see where it would harm anything or devaluate anything. THE CHAIRMAN: This is going to totally conform to the existing garage? MR. HULSE: Exactly. Just going to take that wall and move it 10 feet out, I hope. THE CHAIRMAN: Thank you, sir. Is there anybody else who would like to speak in favor of this application? Anyone else in favor? UNIDENTIFIED VOICE: This is a very difficult thing for me to do. THE CHAIRMAN: Could you state your name for the record, ma'am? MARGARET T. DEALE: I have already sent a letter to the Zoning Board expressing my opposition to Mr. Hulse's plans, and at that time I made a suggestion which could mitigate my concern. The present plans would not only affect the chances of selling my house but also the price that I might get for it. E/ther way I could be damaged. Now according to the notice, the side yard requirement is ten feet; the sketch attached to the notice indicates the proposed garage addition would come to Board of Appeals Page 10 ~1/14/93 Hearings within 7 feet of his property line, a 3-foot incursion, and that the lot area is substandard. THE CHAIRMAN: What you are telling me, Mrs. Deale, is that you are requesting that Mr. and Mrs. Hulse build a fence; is that what you are requesting? MRS. DEALE: Absolutely. THE CHAIRMAN: And what height is that fence to be? MRS. DEALE: Six feet, and I don't think it is an unfair request. THE CHAIRMAN: Okay, before we go back to the Hulses, does anybody have any specific questions? Of either? Mr. Hulse, do you have any objection to building a fence? MR. HULSE: Yes. I can see no reason for a fence. And one more structure on the property will certainly change the character possibly of the neighborhood. Besides, as I recall from my days here, six-foot-fences are only allowed in the rear yard area; is that correct? THE CHAIRMAN: I would assume she was referring to the edge of the front of the garage back. MR. HULSE: That is the side yard. THE CHAIRMAN: Yes. You can go six feet in that area. MR. HULSE: I see no reason for a fence. It would do absolutely nothing. THE CHAIRMAN: Any other questions from anybody? No? Do you have any other comments, Mrs. Deale? Board of Appeals Page 11 ~1/14/93 Hearings MRS. DEALE: I think it is bad in the way of (inaudible). THE CHAIRMAN: We thank you all for coming in. We will close the hearing and deliberate on this later. You are welcome to hang around. It is entirely up to you. If not, give us a call tomorrow. Did you hear me, Mrs. Deale? MRS. DEALE: No. THE CHAIRMAN: I will restate it in a moment. I make a motion closing this hearing and reserving decision until later. (Seconded and carried.) THE CHAIRMAN: Mrs. Deale, we will probably deal with this later tonight. If you would like to call us tomorrow, you are so welcome to in the morning. Thank you. Thank you very much for coming in. APPEALS BOARD MEMBERS Gerard lq. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 20, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Fred Hulse, Jr. 35 Sunset Lane Greenport, NY 11944 Re: Appl. No. 4146 - Garage Addition (Side Yard) Dear Mr. and Mrs. Hulse: Please find attached a copy of the Board's findings and determination rendered last Thursday night by the Board during our Regular Meeting. It will be necessary for you to directly contact the Building Department for issuance of appropriate permits or other documents before commencing construction activities. A copy of this determination has today also been delivered to the Town Building Department to update their building permit application file. Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Southold Town Building Department 33 Sunset Lane Greenport, NY 11944 January 1, 1993 Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 Gentlemen: I have been informed that my next door neighbor, Fred Hulse, Jr., is requesting a variance so that he may add a second garage to his property. It is my understanding that this addition would be attached to the existing garage, making it a two car garage. If built, Mr. Hulse would require a variance as the addition would exceed the allowable side setback by approximately three feet, leaving a setback of approximately seven feet. It should be noted that one of the major reasons that people move to our area and then makes them want to stay is not only the beauty of the area, but the open spaces that we have and the measures that have been taken to preserve them. This is why the town fathers created the zoning laws as they exist today, to protect the open space concept and to keep neighbors from building on top of each other. To build six or seven feet from our joint property line would not only have a negative effect on my property aesthetically, but may very well lower the value of my property or make it more difficult to sell. Additionally, as I view the neighborhood, I do not see any other properties with a neighbors building right on top of them, thus leading me to believe that this addition, if allowed, would harm the entire community standard. With this in mind, I have to strongly object to this variance being granted. While I am opposed to this variance being granted as requested, I would consider a conditional variance being granted if: A) a six foot high stockade fence be erected from the front corner of the new garage to the joint property line and then back to the rear property line which would help mask the fact that there is not enough space between the properties. B) space. C) The addition existing garage. D) The new side between the property line and the addition. If you have any questions, or require any additional please do not hesitate to contact me at 516-477-0351. Thank you. Very truly yours, Margaret T. Deale The existing garage and addition be used only as garage follow the exact same roof lines as the setback leave at least seven feet of space information, APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Ser~e Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 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 Mr. and Mrs. Fred E. Hulse, Jr. 35 Sunset Lane (Town House ID #235) Greenport, NY 11944 Re: Appeal No. 4146 - Variance for Side Yard Reduction Dear Mr. and Mrs. Hulse: Transmitted for your review and consideration is a copy of communications received today from the adjacent property owner to the south (Margaret T. Deale). The hearing is calendared, as you know, for Thursday, January 14, 1993 at 7:35 p.m. It is expected that your position with respect to Mrs. Deale's concerns would be requested. Very truly yours, Enclosure Linda Kowalski Board Clerk Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 33 Sunset Lane Greenport, NY 11944 January 1, 1993 Gentlemen: I have been informed that my next door neighbor, Fred Hulse, Jr., is requesting a variance so that he may add a second garage to his property. It is my understanding that this addition would be attached to the existing garage, making it a two car garage. If built, Mr. Hulse would require a variance as the addition would exceed the allowable side setback by approximately three feet, leaving a setback of approximately seven feet. It should be noted that one of the major reasons that people move to our area and then makes them want to stay is not only the beauty of the area, but the open spaces that we have and the measures that have been taken to preserve them. This is why the town fathers created the zoning laws as they exist today, to protect the open space concept and to keep neighbors from building on top of each other. To build six or seven feet from our joint property line would not only have a negative effect on my property aesthetically, but may very well lower the value of my property or make it more difficult to sell. Additionally, as I view the neighborhood, I do not see any other properties with a neighbors building right on top of them, thus leading me to believe that this addition, if allowed, would harm the entire community standard. With this in mind, have to strongly object to this variance being granted. While I am opposed to this variance being granted as requested, I would consider a conditional variance being granted if: A) a six foot high stockade fence be erected from the front corner of the new garage to the joint property line and then back to the rear property line which would help mask the fact that there is not enough space between the properties. B) The existing garage and addition be used only as garage space. C) The addition follow the exact same roof lines as the existing garage. D) The new side setback leave at least seven feet of space between the property line and the addition. If you have any questions, or require any additional information, please do not hesitate to contact me at 516-477-0351. Thank you. Very truly yours, Margaret T. Deale NOTICE OF HEA~INGS 4. 7:45 p.m, Appl. No. 4144 -- NOTICE IS HEREBY GIVEN, Application of SPECTACLE pursuant to Section 267 of the Town RIDGE, INC. for a Variance to the Law and the Code of the Town of Zoning Onlinance, Article Iu, Section Southold, the foBowing public bear-i 100-3IA(I) for permission to ·s- ings ~ be held by the SOUTHOLD~ tebfish second residential use in the TOWN BOARD OF APPEALS, at! proposed accessory barn building the Southold Town Hall, 53095 Maini~ (located in the front yard area as par Road, Southold, New York 11971, on! AppL No. 4132A, decision rendered THURSDAY, JANUARY 14, 1993 ~ November 9, 1992) as living area for commencing at the thnes specifiect~ fatuity member or guests, and below: 1, 7:32 p.m. Appl, No. 4141 ~ mastic servant (in one unit). Section 100-3IA(I) provides for slngle-fam- Application of ALICE BENNETT[ ily use, not exceeding one dwelling for a Variance to the Zoning Ordi-[ per lot. Location of Pmpuny: 14990 nance, Article III Section 100-33[ Oregon Road, Cutch0gue; County (and as amended December 4, 1992)[ for the placement of an accessoryI Tax Map No, 1000-84-01-02. The subject premises is zoned Agrinul- garage in the front yard ama with a-I rural-Conservation and contains al setback at less than the required 60t 5. 7:55 p.m. AppL No. 4142 --I feet in this R-80 Zone District. Loc·- I total area of 19i acres. tion of Property: 2725 Soundview I Application of ADAM ASSOCl- Avenue, Peconlc, NY; County Tax I ATES, INC. for a Varinncc under Map Parcd No. 1000-68-1-10. [ New York Town Law, Section 2. 7:35 p.m. App1. No. 4146 --~ for approval of access for emergency Application of FREDERICK E. and fin: vehicles over a private tight- HULSE, JR. and JOYCE HULSE of-way extending off the easterly aldc for · Variance to the Zoning Ordi- of Cox Neck Road, Mattituck in an nance, A~cle Ill, Section 1~0-32 fo~ east-west direction a distance of ap-. patmissino to locate proposed addi- proximately 616.30 feel. The subject. tion with a ~uctinn in the sotabeti right-of-way is referred to on the side yard at less than the requi~d ten County Tax Maps as pan of Parcel (10) feet. Location of Propa~y: 235 No. 1000-113-14-11 and is situated ~aU~S~a~I~fe, Greenpoa, NY; County 670! feet north of the intersection of p Parcel No. 1000-33-4.49. C.R. 48 (Noah Read) and Cox Neck The subject promises is substandard Road. The parcels to which access is ~o~eOt area and is located in the R-40 requested in this application is id·ntt- District. fled as County Tax Map Nos. 1000- 3. 7:38 p.m. Appl No 4145 -- 113-12-10-1, 10.3, 10.2, $, 9; (and Application of JOHN S. Parcel No. 1000-113-14-11 mstticted McGEENEY and EDWARD F. for perk a~d recmadon a~a use). All RODENBACH (as Trustee) fora areas of access ar~ located in the R.8(] Variance to the Zoning Ordinance Residential Zone District. Article IH, Section 100-32 for ap- The Board of Appeals will at said pr°vaiofareduction Ofthelotarea of time and place hear any and aH per- an existing parcel, with an increase of sons or rc'pmsentatlves desiring to be the lot ama of the adjoining parcel, in heard in the above matters. Written this proposed lot-llne change. Lo- comments may also be submitted cation of Property: South Side of prior to the conclusion of the subject Crescent Avenue and the north side of hearing. Each hearing will not start ~ Avenue 'B "Fishers Island, NY; before the times designated above. · County Tax Map Parcel ID Nos. Pot more information, please call 1000-6-2-5 and 6. Each lc~ as exists isi 765-1809 or visit our office. .shown to ~ubstandard in lot area an~ Dated: December 21, 1992. ~s lee·ted m the R-~O Z~e District. ] BY ORDER OF THE SOUTHOL~ TOWN BOARD OF APPEALI GERARD R GOEHRINGF~ CHAIP~MAi By Lind· Kowalsl 7590-1TD24 STATE OF NEW YORK) ) SS: COUNTY OF SU~'~OLK} C/~./x-c C~M ~-J--I ~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMF.,~, a Weekly Newspaper, published at Mnttituek, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been ~egular- ly published in said Newspaper once each week for /~ weeks successiyely, commencing on the day of J)¢ca~cl9 ~'Z~. Principal Clerk Sworn to before me this9:zr~_~ day CRRISTIN~ VOLINSKI Notary Public, State of New York No. 5~8~ Qualified in Suffolk ~un~ ~i~ion Expl[es No~r SUPPLEMENTAL NOTICE OF HEARING NOTICE IS HEREBY GIVEN. punuant to S~ct/on 267 of the Town Law and the Code of the Town of Southold, the following public hear- ings will be h=ld by the SOUTHOLD TOWN BOARD OF APPEALS, at the Sc~thold Town Hall, 53095 Main Road. Somhold. New York 11971.'on THURSDAy, JANUARY 14, 1993~ commencing at the t/roes specified. below: 6. 8:00 p.m. Apgl, No. 4140 -- AppHcat/ou of JOHN CROKOS for a Variance to the Zon~g Ordinance, i Article XX~, Section 100-239.4A(1)] within 100 feet of the top of the bluff[ along the Long Island Sound. Loca-[ tion of Property; 2110 Grandview~ Drive, Orient, NY; County Tax Ma~ Parcel No. 1000-14-2-3,11. 7. 8:05 p.m, Appl. No. 4147 -- Application of DONALD E. ~A- HEY, JR. fo~ a Varia~c~ to the ZOn-' lng Ordinance, Article iTtA, Sect/on I00-30A,3 for approval of existing deck consmaaed almost 20 year~ ago. Tiffs deck, under the current zoning I required r~ar yard sethack for a sub- I standard parcel in thls R-40 Zone D/~. ! trict. Location of Property: 2675 Hobart Avenue, Scathold, NY; Coun- ty Tax Map Parcel No. 1000~4-5-32, The Board of Appeals will at sa/d time and place hear any and all per- sons or representer/yes desiring ~o be heard /n the above matters. Wfitte: prior to the conclusion of the subject hearing. Each heating w/I/not start befor~ the times designated above. For more information, please call 765-1809 or visit our office. Dated: December 21, 199Z BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P, GOEI-IRINGERI CHAIRMA~ 7592.1TD24~' By Linde Kowalsk~ STATE OF NEW YORK) ) SS: COUNTY OF S'~'~'OI~) C~ ~0~}~C/~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattitu~k, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the nnnexed is a printed copy, has been regular- ly published in said Newspaper once each week for ~ weeks ~u~cessiyely, ~._ommencing on the day Principal Clerk Sworn~9 before me thin day of ])-g-(..~,~0...~.C19 ~ ~NS~ Not~ ~ ~ ~ N~ Y~ STATEOF NEW BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York, 11971, on THURS- DAY, JANUARY 14, 1993, com- mencing at the times specified below: 1.7:32 p.m. Appl. No. 4141- Application of ALICE BEN- NETT for a Variance to th6 Zoning Ordinance, Article 111, Section 100-33 (and as amend- ed December 4, 1992) for the placement of an accessory garage in the front yard with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue,. Peconic, NY: County 'Fax Map Parcel No. 1000-68-1-10. ~" 2. 7:35 p.m. Appl. No 4146- ~ Application of FREDERICK E. HULSE, JR. AND JOYCE HULSE for a Variance to the Zoning Ordinance, Article Ill, Section 100-32 for permission to locate proposed addition with reduction in the southeasterly. side yard at less than the quired ten (10) feet. Location of. Property: 235 Sunset Lane, Greenport, NY; County Tax Map Parcel No. 1000-33-4-49~ The ,~ubject premises is substan- dard in lot area and is located' Jl..lhe R-40 Zone District. 3. 7:38 p.m. Appl. No. 4145: Application of JOHN S: McGEENEY and EDWARD F. RODENBACH (as Trustee) forj~ a Variance to the Zoning Or- dinance, Article Ill, Section 100-32 for approval of a reduc- tion of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South side of Crescent Avenue and the north side of Avenue "B;' Fishers Island, N.Y.; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown to substandard in lot area and is located in the R-80 Zone District. 4.7:45 p.m. Appl. No. 4144- Application of SPECTACLE RIDGE, INC., for a Variance to the Zoning Ordinance, Article Ill, Section 300-31A(1) for per= mission to establish second residential use in the proposed accessory barn building (located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992) as living area for family member or guests, and domestic servant (in one unit). Section 100-31Afl) provides for single-family use, not exceeding one dwelling per lot. Location of Property: 14990 Oregon Road, Cutchogue; County Tax Map NO. 1000-84-01-02. The subject ~remises is zoned Argicultural- Conservation and contains a total area of 19± acres.. 5.7:55 p.m. Appl. I~Io. 4142- Application of ADAM i ASSOC1ATES, INC. for a Variance under New York Town I Law, Section 280-A for approval of access for emergency and fire vehicles over a private right-of; way extending off the easterly side of Cox Neck Road, Mat- tituck in an east-west direction a distance of approximately~ I 616.30 IL'et. The subject right-of- way is referred to on the Coun- ty Tax Maps as part of Parcel No. 1000-113-14-11 and is ituated 670± feet north of the lntersecti~,n of CR 48 (North Road) and Cox Neck Road. The parcels to which access is re- quested in this application is identified as County Tax Map Nos. 1000-113-12-10-1, 10.3, 10,2, 9, 8; (and Parcel No. 1000-113-14-11 restricted for park and recreation area use). All areas of access are located in the R-80 Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written corn- Patricia Wood, being duly sworn, says that she iS the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice or which tl~e annexed is a plinted copy, has heel1 pLll)lished in s,~i(J Long Island T r,lvcJci-W;itchlll.ln once cncl~ week ~o~ .................... / ..... weeks day rd '~ 19 '7~ ~~~ Notary Public BARBARA A, SCHNEIDER NOTARY PUBLIC, State o( k'~w Yotk No. 4806~46 Qualified in SuRolk County Commission Expires merits may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times' designated above. For more in~ formation, please call 765-1809 or visit our office. Dated: December 21, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Ko'.;alski.: IX-12/24 92{5<i BOARD OF APPEALS TOWN OF SOUTHOLD SUPPLEMENTAL NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall; 53095 Main Road, Southold, New York, 11971, on THURS- DAY, JANUARY 14, 1993, com- mencing at the times specified below: 6.8:00 p.m. Appl. No. 4140- Application of JOHN CROKOS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate struc- tures within 100 let of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 7. 8:05 p.m. AppL No 4147- Application of DONALD E. FAHEY, JR. for a Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3 for ap- proval of existing deck con- structed almost 20 years ago. This deck, under the current zoning regulations, does not meet the required rear yard set- back for a substandard parcel in this R-40 Zone District. Loca- tion of Property: 2675 Hobart Avenue, SouthoId, NY; County Tax Map Parcel No. 1000-64-5-32. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more in- lbrmation, please call 765-1809 or visit our office. Dated: December 21, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD O1: APPEAL% I~;LR.'~RI) I'. {.;O[:ttRINGI!R COLJNTY SI'AI'E OF NEW 'YORK Patricia Wood, being duly sworn, says that she is tine Editor, o( THE LONG ISLAND TRAVELER-WA'FCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice o£ which tile annexed is a printed copy, Il,is heen .published in said I.ong Island I'ravcler'-WaLchmilr~ ()ncc u,Ich wc~k ~ol ...................... ~ .... weeks sttcccssivcl,y, commencing on the ........... ~ } ...... Sworn to before me Ibis .............. clay of ........ .~.~~ .... 19 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 480~46 Qualified in SuIMk County Commission Expires APPEALS BOARD M~MBERS 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office at the above telephone number, or to stop by between 8:00 a.m. and 4:00 p.m. Monday through Friday, if you have any questions or wish to update your file prior to the day of the hearing. Attachment (Legal Notice) APP~LS BOARD MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Copies to the following on or about 12/21/92: 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 L.I. Traveler-Watchman, Inc. (pers. delivery) Suffolk Times, Inc. (fax transmission) Mr. and Mrs. Fred Hulse 235 Sunset Lane Greenport, NY 11944 Ward Associates, P.C. 1500 Lakeland Avenue Bohemia, NY 11716 Mr. Garrett A. Strang, R.A. P.O. BoX 1412 Southold, NY 11971-1412 Richard E. -DePetris, P.O. Box 716 Aquebogue, NY 11931 Esq. Mr. John Sandgren Keller-Sandgren Associates 10 Mineola Avenue Roslyn Heights, NY 11577 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 ZBA Individual Files ZBA Members with copies from each file Original Legal Notice and Supplemental Town Clerk Bulletin Board 12/21/92 Mr. Donald E. Fahey, Jr. P.O. Box 777 Eastport, NY 11941 legal Notice Posted on APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Do3)en, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOT'f L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 December 15, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4146 Project/Applicants: County Tax Map No. Location of Project: Fred E. Hulse, Jr. 1000- 33-4-49 35 Sunset Lane, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to garage with-insufficient sideyard 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 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk December 15, 1992 Zoning Appeal No. 4146 - Fred E. Hulse Jr. Transmitted herewith is Zoning Appeal No. 4146 for Fred E. Hulse Jr. for a variance. Also included is Notice to Adjacent Property Owners; Notice of Disapproval from the Southold Town Building Department, dated November 27, 1992; copy of Application for Building Permit, dated November 27, 1992; plans; copy of survey; Short Environmental Assessment Form; copy of tax map indicating the property location; copy of property card; and copy of letter from the Board of Appeals, dated December 14, 1992, requesting additional materials. Judith T. Terry Southold Town Clerk 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 December 14, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Fred E. Hulse, Jr. 35 Sunset Lane Greenport, NY 11944 Re: Application for Variance Dear Mr. Hulse: This letter is to confirm that an appeal application form with Notice of Disapproval and environmental questionnaires were delivered to us last Thursday and will be held in abeyance pending receipt of the following: 1) Notice to Adjoining Property Owners form with the Affidavit of Mailing on the reverse side completed, and 2) Postmarked certified mail receipts for all four (4) abutting property owners: Verdirame, Rishe, Deale, and Wissmann. Attached is a copy of the County Tax Map showing four abutting parcels. Upon receipt of the above, we will be in a position to file the application with the Town Clerk's Office and include the application in the Legal Notice which is being prepared this week for next week's newspaper publications. (The Suffolk Times will not be publishing the following week.) Thank you. Sincerely yours, Linda Kowalski HD R -80 ',~ R~al COUNTY OF SUFFOLK J~ $OUTHOLD Property Tax Service Agency ,,L~.EOF O33 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town nf Southold : NOTICE TO ADJACENT PROPERTy OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th.a~e intention of the undersigned to petition the Board to request a ~Var~an~ (Special Exception) (Special Permit) (Other) of Appeals of the Town of 5outhold [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 4 Tha! h~t such Pe6tion. the undersigned will refluest the following relief: .5. That the provisions of the Sou[hold Town Zoning Code applicable to the relief sought by the under- signe~ are Article _,/.-~- Section~/~ ~--~Z~_~ [ ] Section 280-A, New York Town Law for approva] 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 Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, n~wspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the tight to appear and be heard at such hearing. Owners ' Names Post O~fice A4dress Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILINGOFNOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ~66[ aunt '008£ ~uJo:~ Sa ,, STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: c/ ' r , being duly sworn, deposes and says that on the /,.~-~-~da¥ of J/t~J~r'"~~ , 19 ~ , deponent mailed a true copy of the NoHce set forth ~n the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respect[ve names; that the addresses set opposite [he names of said persons are the addresses of said persons as shown on th~rc~ss~entz?l~o~ Town of  ;that said Notices were mailed to each of said persons by Swot. ,o~ore me ~s No~a~ P~blic, State of Qualifi~ in Surfak Commi~ion ~ires May (This side does not have to be completed on form transmitted to adjoining property owners.)