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HomeMy WebLinkAbout4125APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4125 - GREGORY POULOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to construct deck addition (to existing deck area), all of which is located within 100 feet of the Long Island Sound bluff or bank. This parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 135 Soundview Road, Orient, NY; also known as Lot #45 on the Map of "Orient by the Sea, Section Two"; County Tax Map Parcel No. 1000-15-3-3. WHEREAS, a public hearing was held on September 10, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application appealing the August 20, 1992 Notice of Disapproval by the Building Inspector for relief under Article XXIII, Section 100-239.4 for permission to locate a proposed open deck addition to existing dwelling. The setback proposed for the new deck addition is shown by the applicant to be not less than 70 feet from the top of the bluff/bank. 2. The subject parcel contains a total lot area of 24,745+- square'feet with frontage of 100.0 feet along the north side of Sound View Road and 246.91 feet along the westerly property line (shown as Ryder Landing), as per a survey prepared by Roderick VanTuyl, P.C. dated April 11, 1980. 3. The land is improved with a two-story, one-family frame dwelling situated 40 feet from the front (southerly) property line at its closest point, 10 feet from the westerly property line, 29+- feet from the easterly side property line, and 85+- feet from the top of the bluff/bank of the L.I. Sound. Page 2 - Appl. No. 4125 Matter of GREGORY POULOS · Decision Rendered September 10, 1992 4. The new open deck area is proposed to be a partial wrap, around the northerly six-sided section of the existing dwelling. The new deck is shown to be an extension from the north side of the house by 12 feet. The total distance requested in the application is 70 feet from the top of the bluff to the steps (see sketched-in survey submitted by the builder, Blair Dibble, in behalf of the applicant). 5. Upon inspection, it was noted that the setbacks to the bluff in the area are similar to that proposed by this application. It should be understood that in the event there is (rain or snow) water runoff towards the bluff, it will be necessary for the owner to provide for surface piping and/or drywells landward of the house to retain the water runoff and aid in the prevention of drainage towards the bluff. 6. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. noted: For record purposes, the following information is (a) other agency approvals or waivers may be necessary and this determination shall not affect the validity or more stringent requirements by other agencies (Town Trustees, DEC, etc.). (b) a variance was rendered December 21, 1978 by the Southold Town Board of Appeals for a reduction in the westerly (front) yard area, as exists for this dwelling structure. (c) the subject parcel is identified as Lot No. 45 on the Map of "Orient-By-The-Sea, Section II," Map No. 3444. 8. It is the position of this Board that in considering this application: (a) the relief requested is substantial in relation to the requirements, however, there is no alternative for appellant to pursue other than a variance due to the nonconformities of the land and the restrictions by the zoning code regulations in other yard areas; (b) the grant of the requested relief will not alter the essential character of the neighborhood; the area of construction is proposed to be at a setback similiar to and ~age 3 - Appl. No. 4125 Matter of GREGORY POULOS Decision Rendered September 10, 1992 landward of structural setbacks established in the immediate areas; (c) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (d) the difficulties are uniquely related to the land in question and has not been created by the landowner the nonconformities of the land and principal building preexist the enactment of the bluff setback regulations adopted in 1985; (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) the variance will not cause a substantial effect on governmental facilities; (g) in view of the manner in which the difficulties arose and in consideration of all the above facts, the interests of justice will be served by granted alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested for a setback at not less than 70 feet for a proposed open deck addition in the Matter of the Appeal No. 4125 (Poulos), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no physical disturbance to or close to the bluff area, and that protective hay bales shall be placed. 2. That the deck remain unroofed and open at all times, as proposed in this application. 3. Proposed lighting, if any, must be of a ground-type (no pole lighting), shielded to prevent glare from the site. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. This resolution was duly adopted. RECEIVED AND FILED BY* :'k THE SOUTHOLD TOWN CLERK Town Clerk, Town of Southold ~'~lerk of t~e Zoning Board APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, R. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, SEPTEMBER 10, 1992 commencing at the times specified below: (1) 7:35 p.m. Appl. No. 4122 - ROBERT H. AND KATHRYN B. DEXTER. Variance to the Zoning Ordinance, Article XXIX, Section 100-239.4B, for permission to construct deck addition within 75 feet of the bulkhead. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. Subject premises is substandard in size and is located in the R-40 Zone District. (2) 7:40 p.m. Appl. No. 4124 - DR. AND MBS. CARL A. SORANNO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for approval of deck addition within 100 feet of the top of the L.I. Sound bluff or bank, and Article III, Hearings e r 10, 1992 Southold Town Board of Appeals Section 100-33 for approval of accessory storage building located in the front yard area, 400+ feet from the front property line. Location of Property: 31059 County Road 48, Peconic, NY; County Tax Map Parcel No. 1000-73-4-3. (3) 7:45 p.m. Appl. No. 4125 - GREGORY POULOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to construct deck addition (to existing deck area), all of which is located within 100 feet of the Long Island Sound bluff or bank. This parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 135 Soundview Road, Orient, NY; also known as Lot #45 on the Map of "Orient by the Sea, Section Two"; County Tax Map Parcel No. 1000-15-3-3. (4) 7:50 p.m. Appl. No. 4126 - DONALD AND JEANNE KURZ. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to build new, enlarged garage as an accessory in the front yard area (replacing existing garage which was approved under ZBA Appl. No. 2332 on 8/29/77). Location of Property: 725 Terry Lane (just north of the Southold Park District), Southold, NY; also referred to as Lot #5 as approved by the Town of Southold; County Tax Map Parcel No. 1000-65-1-17. (5) 7:55 p.m. Appl. No. 4121 - FLOYD KING and ISLAND'S END GOLF CLUB. Variance to the Zoning Ordinance, Article III, Page 3 - ~egasl No~e Hearings or eptember 10, 1992 Southold Town Board of Appeals Section 100-33 for permission to locate accessory equipment-storage building in the front yard area. Location of Property: 3365 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-35-2-1. This property is zoned R-80 Residential. (6) 8:00 p.m. Appl. No. 4114 - GEORGE TSAVARIS. A Variance the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck area as exists at the top of bluff stairway along the L.I. Sound. Location of Property: ' 2i70 The Strand Lane, East Marion, NY; Pebble Beach Farms Filed Map No. 6266, Lot 111; Parcel ID No. 1000-30-2-53. to (7) 8:05 p.m. Appl. No. 4119SE - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prev. 30). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the Hearings e r 10, 1992 Southold Town Board of Appeals 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: August 31, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: L.I. Traveler-Watchman, Inc. Times-Review, Inc. FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date AUGOST 20. ............. , ............. 19....92 · To . P.R.IDE BUILDING CO. INC. ale GREGORY POULOS P.O. BOX 1464 SOu'I'IiOLD, RES YORK 1147 I PLEASE TAKE NOTICE that your application dated .AUGOST 18, 19. 92 v,- ,.'~"rm;~ to CONSTRUCT I DECK ADDITION for Location of Propert_y Houso tVo. ........ '~'t/e~[ ........ Hamter County Tax Map No. 1000 Section 15 ' Block . 3 Lot 3 Subdivision ................. Filed Map No ................. Lot No. ' ...... is returned herewith and disapproved on the following grounds ALL BUILDINGS LOCATBD ON LOTS ADJACENT TO LONG ISLAND SOUND AND UPON filCH 'i'[II~RE BXISTS A BLUFF OR BANK TI:Ill TOP OF SUCH BLUFF OR BANK. ARTICLE XXIII CHAPT. 100-239.4 A(I). ACTION REQUIRED BY il'lt~ ZONING BOARD .OF APPEALS. /~ Building Inspector ~ GARY J. FISH RV 1/80 RECEIVED AUG ~& '~ ' Soutkold Town ~ .APPEAL FROM DECISION Of BUILDING INSPECTOR TOWN OF SOUTHOLD, NEW YORK TO THE ZONING BOARD/Of APPEALS, TOWN OF SOUTHOLD, N. Y. · P~.,',~, &' ,b ~ '~.,.. o, ~ ,d ~ Iv(,,/ ............. 7. (We, ...,..' ...... '~;;;;;;";;;";;~;i~;~; ................................ ~'"'"'~ ...................................... Slreet and Number ..... ..~,.,,0..~:.~...9...~ ......................... ~ .~... ............. HEREBY ^pPE~/TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ..... ~ ............ ,~ ........ ~ ................. : ............... ~/ Name of Applicant for permff -- f o, 1£ ....... ~. ...... L.~.~.~ .............................................. Street and Number Municipality State / ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY J.~.)..?..?..~.~]X).~..~....'~...~'.L,.~'$. ........................ Street /Hamlet / Use District on Zoning Map District 1000 Section Block Lot A . A ~. ~J / . ..................................................................... current uwner t~-c(, o~/ rd~10,) Map No. 'Lot No. Prior Owner. ~-~.,~V /~uCllc~ ~ ~-J, KC 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- Article~lk lt~, Section ('A~F 10~ -~.~ ~J'~ · ~U) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~,-) A VARIANCE to the ~ning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) 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 Appea! No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (t~ A Variance to the Zoning Ordinance ( ) is requested for the reason that ~orm ZBI (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF 'THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CH^R^CTER OF THE D~'rm~T becou:e CTT ~u ~e~ A JO J~ a~ ~ ~ ~ COUNTY 0,~-~--~ · ,,-- ) ; Signature Sworn ,o this ..................... ~ a ~ =:J J J'J J J'J :: ELIZABETH ANN NEVILLE Notary Public, State of i.'ew York No. ~12-8126850, Suffolk Term E×oires October 31, FORMER OWNER ' N' OF souT'HOLD P~OPERTY VILLAGE RECORD CARD N S ~ W TYPE OF BUILDING RES. o~./0 SEAS. VL FARM IMP. LAND /000 /6"0'0 / TOTAL IooO,/ .2~o0 ~-/00 / /13 ~ e / DATE AGE BUILDING CONDITIOh NEW NORN~AL BELOW ABOVE Form Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable, 3 Woodland Swampland Brushland House Plot DISTRICT SUB. ACREAGE · ,,s'~ DOCK BULKHEAD COMM. lIND. ICB, MISC. I Est. Mkt. Value REMARKS //l~ l?~ ~Z~,'?~-~' ~/~o,~ z ~z~ ?vt ~. £.¢. /~oo Z FRONTAGE ON WATER FRONTAGE ON ROAD / / M. Bldg. I"~'~'-# /,~..~v,.~,¢.~_~:~.-¢. , ~.,,4~"~0~ ~/ ~t Foundation p~. Bath ~tensio~ ~¢XZ~ ~ ~; ~,~ /~0 Basement ~.,~. Fl~rs 4~'¢""'t~ens~" Z~x~* .~_~(¢' Y~Z ¢, 3~ ~ ~ ~t. Wa~s '. ~,cK~¢,~,:Jnterior Finish ~en?n .;' .: ...... . , ~ '; .~ "' Fire Place Heat .-.??. ' ~' ' -.*'- ,';" ¢ ' ' Po~h ' ' - R~f Type .'~.,,,~ ..,. ' Po~h Roo~ Ist Flor ' Breezeway " ' ' Patio R~ms 2nd Flor ': ' ~rage ' '' ': ' ; Driveway Dormer . 0.~. .'  r ~233 . L: ' ~-. · ' " , . :';-5"-~-~-~- .... '"~"" "" Ri~OpERTY RECORD. CARD ~aa~/~'_ ,~. ?' .~,--n ~,r SOUTHOLD OWNER x STREET ~?~5~ VILLAG£ DISTRICT SUB. FORML~R OW~qER. ' RES.~ I0 LAND /nO0 ~1o~ Tillable 1 Tillable Tillable, 3 Woodland Swampland Brushland House PIo~2~ Total IMP. ..,(& oO NORMAL Acre S VL. ~ TOTAL /on0 ,/ E ACREAGE TYPE OF BUiLDiNG FARM DATE 706 /:/',//'/u~ BELOW Value Per Acre dP.,, ~ -/- '- ,: .,- - REMARKS I MISC. 4.;J Est. Mkt. Value ABOVE FRONTAGE ON WATER Value FRONTAGE ON ROAD BULKH~D Floors Porch j Roof Type Porch Roo~ ist Flor Patio Rooms 2nd Floor TOWN OF SOUTHOLD PERTY RECORD CARD OWNER FORMER OWNER RES. SEAS: VL. ~ND IMP. TOTAL /~ / ~,'7 o o NOR/C, AL S FARM DATE -/ , ~//.~/~. NEW ! BELOW Farm · Acre Value Tillable ] I VILL~kGE w DISTRICT SUB. ACREAGE TYPE OF BUILDING Tillable 2 Tillable 3 i Woodland Swampland Brushland HoUse Plot,S; Total FRONTAGE ON ROAD Value Per Acre ~ DOCK rI BULKHEAD i eezeway Patio Rooms 2nd Floor APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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~a~ssion: XX __Variance from the Zoning Code, Article XXIII , Section 100-239.4A(1) __Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section __Special Permit Appeal No: 4125 Applicant: Gregory Poulos Location of Affected Land: 135 Soundview Road, County Tax Map Item No.: 1000- 15-3-3 Within 500 feet of: Orient, NY ' Town or Village Boundary Line XX_ Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.to construct deck addition to existinq deck area all of which is located within 100' of L.I. Sound ~opies of Town file and related documents enclosed for your review. Dated: September 24, 1992 Page 3 - Appl. No. f5 Matter of GREGORY PO'ULOS Decision Rendered September 10, 1992 landward of structural setbacks established in the immediate areas; (c) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (d) the difficulties are uniquely related to the land in question and has not been created by the landowner - the nonconformities of the land and principal building preexist the enactment of the bluff setback regulations adopted in 1985; (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) the variance will not cause a substantial effect on governmental facilities; (g) in view of the manner in which the difficulties arose and in consideration of all the above facts, the interests of justice will be served by granted alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested for a setback at not less than 70 feet for a proposed open deck addition in the Matter of the Appeal No. 4125 (Poulos), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no physical disturbance to or close to the bluff area, and that protective hay bales shall be placed. 2. That the deck remain unroofed and open at all times, as proposed in this application. 3. Proposed lighting, if any, must be of a ground-type (no pole lighting), shielded to prevent glare from the site. Vote of the B~r~, Ayc: ~Dinizlo and Villa. T3d.~_r~s RI EIVED AND FILEU-I X- Town Clerk, Town of ~thol~ : Messrs. Goehringer, Doyen, )lution was duly adopted. rk of t~e Zoning Board APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephon~ (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO2T 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 23, 1992 Mr. Blaire Dibble Pride Building Co., Inc. P.O. Box 1464 Southold, NY 11971 Re: Appl. No. 4125 - Gregory Poulos (Variance) Dear Mr. Dibble: Please find attached a copy of the Findings and Determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Town Trustees, N.Y.S. Department of Environmental Conservation and the Southold Town Building Department (and any other agency) which may have jurisdiction before commencing building activities. Copies of this determination have also been furnished this date to the Building Department and the Town Trustees for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Southold Town Trustees Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4125 - GREGORY POULOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to construct deck addition (to existing deck area), all of which is located within 100 feet of the Long Island Sound bluff or bank. This parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 135 Soundview Road, Orient, NY; also known as Lot 945 on the Map of "Orient by the Sea, Section Two"; County Tax Map Parcel No. 1000-15-3-3. WHEREAS, a public hearing was held on September 10, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. This is an application appealing the August 20, 1992 Notice of Disapproval by the Building Inspector for relief under Article XXIII, Section 100-239.4 for permission to locate a proposed open deck addition to existing dwelling. The setback proposed for the new deck addition is shown by the applicant to be not less than 70 feet from the top of the bluff/bank. 2. The subject parcel contains a total lot area of 24,745+- square feet with frontage of 100.0 feet along the north side of Sound View Road and 246.91 feet along the westerly property line (shown as Ryder Landing), as per a survey prepared by Roderick VanTuyl, P.C. dated April 11, 1980. 3. The land is improved with a two-story, one-family frame dwelling situated 40 feet from the front (southerly) property line at its closest point, 10 feet from the westerly property line, 29+- feet from the easterly side property line, and 85+- feet from the top of the bluff/bank of the L.I. Sound. Pa~e 2'- Appl. No. ~5 Matter of GREGORY POULOS Decision Rendered September 10, 1992 4. The new open deck area is proposed to be a partial wrap, around the northerly six-sided section of the existing dwelling. The new deck is shown to be an extension from the north side of the house by 12 feet. The total distance requested in the application is 70 feet from the top of the bluff to the steps (see sketched-in survey submitted by the builder, Blair Dibble, in behalf of the applicant). 5. Upon inspection, it was noted that the setbacks to the bluff in the area are similar to that proposed by this application. It should be understood that in the event there is (rain or snow) water runoff towards the bluff, it will be necessary for the owner to provide for surface piping and/or drywells landward of the house to retain the water runoff and aid in the prevention of drainage towards the bluff. 6. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. noted: For record purposes, the following information is (a) other agency approvals or waivers may be necessary and this determination shall not affect the validity or more stringent requirements by other agencies (Town Trustees, DEC, etc.). (b) a variance was rendered December 21, 1978 by the Southold Town Board of Appeals for a reduction in the westerly (front) yard area, as exists for this dwelling structure. (c) the subject parcel is identified as Lot No. 45 on the Map of "Orient-By-The-Sea, Section II," Map No. 3444. 8. It is the position of this Board that in considering this application: (a) the relief requested is substantial in relation to the requirements, however, there is no alternative for appellant to pursue other than a variance due to the nonconformities of the land and the restrictions by the zoning code regulations in other yard areas; (b) the grant of the requested relief will not alter the essential character of the neighborhood; the area of construction is proposed to be at a setback similiar to and Matter ufA P Decision Rendered September 10, 1992 landward of structural setbacks established in the immediate areas; (c) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (d) the difficulties are uniquely related to the land in question and has not been created by the landowner - the nonconformities of the land and principal building preexist the enactment of the bluff setback regulations adopted in 1985; (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) the variance will not cause a substantial effect on governmental facilities; (g) in view of the manner in which the difficulties arose and in consideration of all the above facts, the interests of justice will be served by granted alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested for a setback at not less than 70 feet for a proposed open deck addition in the Matter of the Appeal No. 4125 (Poulos), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no physical disturbance to or close to the bluff area, and that protective hay bales shall be placed. 2. That the deck remain unroofed and open at all times, as proposed in this application. 3. Proposed lighting, if any, must be of a ground-type (no pole lighting), shielded to prevent glare from the site. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. This resolution was duly adopted. lk ~L~lerk of t~e Zoning Board BUILDING CO., INC. P.O. BOX 1464, SOUTHOLD. NEW YORK 11971 * (516) 734-7898 'i'ltl~ INDEJWIIJRi~ made the ~ day of /fi~c/6-O $ ~ , nineteen hundred and ninety two BET~N ANTHONY AVELLA_an.d DO~,LO_R_EeS AVELLA, hisi~wife, residi, ng at 217 Sweet B. rzar rxau , Paramus, NJ 07652 and 536 Ezghth Street, Palzsades Park, NJ, respectively o[ tlie first part, and GREGORY PouLOS, residing at 24-09 Murray Street, Whitestone, NY ~ ~ t~ .r...~. ~--? ' -~- second ~rt, does hereby grant a~ tel paid by toe pa~oL~s:~s o{ th~arty o[ the second ~rt torever, / ~-d situate, or successors ano a~g- . _ . . ... __~ :~,,~m n~ thereon erect , ALL that certain plot, piece or parcel o[ land, with toe DnlIuIogs mtn /'"F ...... e lying and ~ing in ~q~ Orient, in the Town of Southold, County of Suffolk, and State of New York, known and'designated as Plot No. 45, on a certain map entitled, ."Map of Orient-By-The-Sea, Section Two, situate at Orient Point Town of Southold, Suffolk CoUnty, New York, , Glen Lane, d and developed by Woodhollow Proper~ie~, Iqc%, #3 %~w~_ _~ Landin~ New York, Otto W. Van ~uyi an~ ~on, Licensed Land Surveyors, Greenpom~ New York" and filed in the Office of the Clerk of the County of Suffolk ?n October 26, 1961, as Map No. 3444, ABS No. 3840, bounded and descrzbed as follows: BEGINNING at the corner $ormed by the intersection of the n?rtherly side of Sound View Road wzth the easterly szde of Ryder Landing; running thence north 1 degree 42 minutes 30 seconds west, 246.91 fee thence north 70 degrees 38 minutes 10 seconds east, 100.00 feet; thence south 1 degree 46 minutes 50 seconds east, 247.88 feet to the northerly side of Sound View Road; thence sout~ 71 degrees 1~ minutes 40 seconds west along said northerly s~de of Sound Vzew Road, 100.00 feet to the point or place of BEGINNING. Said premises also known as 132 Soundview Road, Orient, New York TAX MAP DESIGNATION Sec. tV / - ,' ' nd i:terest if an , ol the party o[ the first part in and to auy streets and TOGETtlER x~]tb all right, t!,tle.a · - ' ..... -Y- .... lines thereof; TOGETHER wFth the appurtenan_c~ roads abutting the above, d, escr?ea, premises ~,~';~,[~'%; i,, and to said premises; TO HAVE. AN.D and all the estate and rig!its ot toe par.y o ........ ;..p,.arte,,.~...~ ~.,,~ ih,. lie[rs or successors unO. assigns ot lOLl) tile premises hereto grauted unto the part~ ot m~ ....... r---, the party of tile second part forever. AND the party -{ the first part covenants tlmt the party oi the firs!, part Ires not done or suffered auything rob the sail ~relulses have been encumbered iu any way wbatever, except as aforesaid. wbe y '( I ..... [th Section 13 o{ the Lien Law, covenants that the party o~ first art In comp.ance w · · AND the l'~arty ol tile. . p , · · · · ........ ance a ~d will I old the right to receive such consid- eratiou as a tr.st hind to be apl)lied first {or the purpose of payiog the cost o[ the improve~nent and will apply tile same firs! t() the Irayment of the cost o{ the improvement before using any ~rt ot the total oi the s~e ally other 1,or The xxxml "pa:ty s ia be co.strued as i[ it read "parties" whenever the sense o{ this indeuture so requires IN WHN~ Wlt~EOF, the party o[ the first ~rt has duly ~<uted this deed the day and year first written. On ~he ~.~ day of ~' 1~92 . before me pcrsonaJly came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ~ -E-executed the ~une. On the day of 19 , belore me personally came to me known to be the individual described in and who executed the foregoing instrument° and acknowledged that executed the same. STATE OF I~EW YOPd( ) COUNTY OF' /< t mos . ' ) ss: On tl~is ~ day Ao~-o> ~ , 19e~, before me the subscribed personally came i~Rv~ 7C. r~ ~c~,3 to me known and known to me to be tl~e attorney-in-fact' Of po~o~ ' A~& and to be the individual described in arid who executed thc foregoing instr~uent and duly acknowledged before me tb~ he executed the same as .thc act and deed of PoL~Rg< ~aaA therein described and for the purpose therein menti by vi~fue of a certain Power-of-Attorney duly executed by the said ~o~o~ ~ ~c~ . ~/a~/~aand recorded simultaneously. %Villi COVENANT AGAtNST GR^N'IOR'S AC'tS TITLe NO. ,~ ~ ~ ~ - "~ )' - C-; ANTHONY AND DOLORES AVELLA TO SECTION ELOCK LOT 0 COUNTY TAX BIL~NG GREGORY POULOS Recorded Al Request of The Tills Guatanlee Company RiiTIJRN BY MAIL TO: Jl ~ I L~ GUARANTEE- N~WYORK A TICOR COMPANY SPANAKOS & SPANAKOS 9015 5th Avenue Brooklyn, N.Y. 11209 · Zip No. 14,614 , U 0 wn oaf SOUTHOLD, L. I., N. Y. TELEPHONE (5'16) 765-'1809 APPEALS BOARD MEMBERS ROBERT W. GILLISPIE, JR., CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TUTHILL ROBERTJ. DOUGLASS Deoember 2i · 1978 MINUTES Southold Town Board of Appeals A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M. (E.S.T.), Thursday, December 21, 1978, at the Town Hall, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Charles Grigonis, Jr.; Terry Tuthill, and Robert J. Douglass. Also present was Dick Curtis of the Suffolk Weekly Times. for On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that the Southold Town Board of Appeals approve minutes the November 30, 1978, meeting. and Vote of the Board: Ayes: Douglass. Messrs: Gillispie, Grigonis,'Tuthill PUBLIC HEARING: Appeal No. 2499 - Upon application of Dolores G. Avella, 536 8th Street, Palisades Park, New Jersey (Charles DeVoe, as Agent) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Parking Schedule for permission to construct a house with a reduced front yard setback. Location of property: Lot No. 45 of Map No. 3444, Orient-By-The-Sea, Section Two, Orient, New York. The Chairman opened the hearing by reading the application for a variance to the zoning ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification by certified mail had been made to: Fred Lombardi. Fee paid $15.00. THE CHAIRMAN: The application is accompanied by a sketch which shows that the proposed location of the house would be approximately teh and a fraction feet from the easterly line of Ryder Landing whi6h is a reserved' " SDUTHOLD TOWN BOARD APPEALS -2- De~mber 21, 1978 area for beach purposes. Technically it is a right-of-way which causes the applicant to have two front yards, one on Sound View Road and the f' other on Ryder Landing. Is there anyone present who wishes to speak fo r this application? CHARLES DEVOE: I am. THE CHAIRMAN: I do not think there is anything to add to this application. Did you know about the Ryder Landing problem when you started this construction. MR. DEVOE: No. We went to the Town Hall and found that the Town owned it. They did not know they did. THE CHAIRMAN: I think the Town owns quite a few of these that are not very useful. Is there anyone else who wishes to speak f~r this application? (there was no response.) Does anyone wish to speak against the application? (there was no response). After investigation and inspection the Board finds that the appli- cant wishes to reduce one of his front yard setbacks.' The Board finds this is an unusual hardship to have two front yards and the fact that this is a lot with 100 feet of frontage really minimizes the area on which a house can be located. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship create~-~ is ~nique and would not be shared by all properties alike in the immedia~_ vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the · spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that Dolores G. Avella, 536 8th Street, Palisades Park, New Jersey, be GRANTED permission to construct a house with a reduced front yard setback as requested. Location of property: Lot No. 45 of Map No. 3444, Orient-By-The-Sea, Section Two, Orient, New York. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2498 - Upon application of Anthony Sponza, Ryder Farm Lane, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Parking Schedule for permission to construct a garage with insufficient front yard setback. Location of property: Lot No. 54, Map No. 3444, Map of Orient By-The-Sea- Section Two, Orient, New York. The Chairman opened the hearing by reading the application for a variance to the zoning ordinance, legal notice of hearing, affidavits TOWN OF SOUTHOLD, NEW YORK Jan~ 8, 1979 DATE ............ ~ .......... Appeal No. 2499 ACTION OF THE ZONLNG BOAI~D OF Ai~PEALS Dated November 27, ACTION OF THE ZONING BOARD OF APPEALS OFT HE TOWN OF SOUTHOLD To Dolores G. Avella 536 8th Street Palisades Park, New Jersey (Charles DeVoe, as Agent) 1978 at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access, to property ( ) Request for a speclal exception under the Zoning (~rdlnance (X) Request for a variance to the Zoning Ordinance ( ) Appellant December 21, 1978 the appeal 1. SPECIAL EXCEPTION. By res~ution of the Bo~d it was determined that a ~e~ exception ( ) be ~a~ed ( ) be de,ed pursuant to Artec .................... ~ction .................... Subsection .................... para~aph .................... of the Zoning Ordinance and the d~is~n of the BuiMing Inspector ( ) be revers~ ( ) be confirmed b~a~e 7:40 P.M. (E.S.T.) Upon application of Dolores G. Avella, 536 8th Street Palisades Park, New Jersey, (Charles DeVoe, as Agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Parking Schedule for permission to construct a house with a reduced front yard setback. Location of property: Lot No. 45 of Map No. 3444, Orient-By-The-Sea, Section Two, Orient, New York. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be ~ranted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 '~ OARD OF APPEALS ) be denied and After investigation and inspection the Board finds that the applicant wishes to reduce'one of his front yard setbacks. The Board finds this is an unusual hardship to have two front yards and thefact that this is a lot with 100 feet of frontage really minimizes the area on which a house can be located. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispi~, seconded by Mr. Douglass, it was RESOLVED, that Dolores G. Avella, 536 8th Street, Palisades Park, New Jersey, be GRANTED permission to construct a house with a reduced front yard of Map No. Vote of Douglass. setback as requested. Location of property: Lot No. 45 3444, Orient-By-The-Sea, Section Two, Orient, New York. the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold. the following mattors will he held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southoid Town Hall, 53095 Main Road, Southold New York 11971, on THURSDAY SEPTEMBER 10. 1992 commencing atthe times specified below: '(1) 7:35 p.m. AppL No. 4122 -- ROBERT H. AND KATHRYN B: DEXTER. Variance to the Zoning Ordinance, Article XXIX, Section 100-239,4B, for permission to con* struct deck additi~ within 75 feet of the bulkhead. Location of Properly: 8380 Great Pecooic Bay Booinvard. Laurel, NY: County Tax Map Paw.~l No. 1000-126-11-20. Subject premis- & - DONALD'~rND JEANNE KURZ. Variance to thc Zoning Ordinance, Article Ill, Section 100-33 for per- mission to build new, enlarged garage as an accessoq~ in the front yard area (replacing existing garage which was approved under ZBA Appl. No. 2332 o~ g/29f/7). Lo~- tion of Property: 72~ Tany L~nc 0u~t aorth of the Southold Park District), ;outhold, NY; Mso refenv, d to as Lot 13 as approved by the Town of ;outhold; County Tax Map Parcel ~o. 1000-65-1-17. (5) ?:55 p.m, Appl. No, 4121 -- :LOYD KING AND ISLAND'S :-ND GOLF CLUB. Variance to tho ~ning Ordinance, Article I~, Sec- ion 100-33 for permission to loe~t~ tcccssoq, equipment-storage build- ng in the froot yard ar e.~. Location of }roperty: 3365 Main Road, Green- ~ort, NY; County Tax Map Parcel qo. 1000-35-2-1. This property is ~ned R-80 Residential. ~ (6) 8:00 p.m. Appl. No. 4114 -- JEORGE TSAVARIS. A Varianc.¢ to he Zoning Ordinance. Article XXI~, RANNO. Variances to the Zoning ~ection 100-239.4 for approval of Ordinance, Article XXIII, Section leek an=a as exists at the top of bluff 100-239.4A(1) for approval of deck a~invay along the LL Sound. Loc~- addition within 100 feet of the ~ of ion of Property: 2170 The Strand theL. l S~und bluff or bank andAr ~ane East Marion, NY Pebbh: · · --~ ~-- · ..... ' : 3each Farms Filed Map No 6266 of acc=ssop/storage building lo, ted .or IlL Parcel ID No. 1000-30-2- in the fnmt yard are~, 400+ feet fn~n i ~3. the front property line. Location of C/) 8:05 p.m. AppI. No. 4119SE$d~ Property: 31059 County Road 48. Pccodic, NY; County Tax Map Parcel No. 1000-73-4-3. (3) 7:45 p.m. Appl. No. 4125 -- 'GREGORY POULOS. Variance,to Section 100-239.4A(1) for pen~i~- cation of Property: 135 Souodvle~ Road, Odent,.NY; also known as --.RICHARD GOODALE AND dATTITUCK AUTO CENTERv NC. (Tenan0. Special Exception tO hc Zoning Ordinance, Article X, r;ection 100-10lB(12) for a permit ,uthorizing: (a) a new car salei :stablishment; Oa) an cstablishmc~ (d) acc.~ssoe/office use incidental to Route 25), Laurel, near Matrituck, Thc Board of Appeals will at said BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAI~ GERARD R GOEHRINGER STATE OF NEW YORK) ) SS: COIJTN/W OF SD~'FOI.~) J (,'~ (~ ~/~C/~ of Mattituck, in ~d ~, bei~ d~y s~m, ~ ~at he/she is ~cip~ Clerk of THE S~FOLK TI~, a Wee~y Nempa~r, p~lished at ~tflt~k, ~ the To~ of Southold, Co~ty of 8~olk and State of New York, ~d ~at the Notice of w~ ~e ~exed ~ a p~t~ copy, ~ b~n m~- ly p~shed ~ ~d Nmpa~r once ~ch w~k ~r / ~e~ successively, communing on ~~OINewY~ O~ In ~ ~ ~ ~-~-~ ~l-rk ~m to ~re me day of ~~ ~ ~ COUNTY OF SUFFOLK ss: STATEOF NEW YORK NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New '~brk 11971, on THURSDAY SEPTEMBER 10, 1992 com- mencing at the times specified below: (1) 7:35 p.m. Appl. No. 4122 ROBERT H. AND KATHRYN B. DEXTER. Variance to the Zoning Oe- dinance, Article XXIX, Section 100-239.4B for permission to construct deck addition within 75 feet of the bulkhead. Loca, tion of Property: 8380 Great Peconic Bay Boulevard, Laurel; NY; County Tax Map Parcel No: 1000-126-11-20. Subject premises is substandard in size and is located in the R-40 Zone District. (2) 7:40 p.m. Appl. No. 4124 - DR. AND MRS. CARL A. SORANNO. Variances to the Zoning Ordinance, Article XXlll, Section 100-239.4A(1) for approval of deck addition within 100 feet of the top of the L.I. Sound bluff or,bank, and' Article I11, Section 100-33 for approval of accessory storage building located in the front yard area, 400+ feet from the front property line. Location of Property: 31059 County Road' 48, Peconic, NY; County Tax. Map Parcel No. 1000-73-4-3. (3) 7:45 p.m. Appl. No. 4125 GREGORY POULOS. Variance to the Zoning Or- dinance, Article XXIII, Section~ 100-239.4A (1) for permission to construct deck addition (to ex- isting deck area), all of which is located within 100 feet of the Long Island Sound bluff or bank. This parcel is substandard ~ in size and is located in the R-40 Zone District. Location of Pro- ~ perry: 135 Soundview Road,' Orient, NY; also known as Lot NO. 45 on the Map of "Orient by the Sea, Section Two;" Coun-. ty Tax Map Parcel No. , 1000-15-3-3. (4) 7:50 p.m. Appl. No. 4126 - DONALD AND JEANNE KURZ. Variance to the Zoning Ordinance Article Ill, Section 100-33 for perm~ssl~)~"to b~l d new, enlarged garage as an ac- Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid, in Suffolk County; and that tile notice of which the annexed is a printed copy, I~as been published in said I_ong Island -I'raveler-Watclm~an once each week Ior. .................... / ..... weeks successively, commencing on the ......... ~. ~ cessor~ in the.front yard area i (replacing existing garage which' f ._~-- ; was approved under ZBA Appl. [ No. 2332 on 8/29/77). Location. ,~'r %-- G~..._ of Property: 725 Terry Lane, [ (just north of the Soutbold Par~c ] ( ~_.~-:'~..~ ~ .... ~ ..... District), Southold, NY; also'I ~ -- referred to as Lot No. 5 as ap-~ [ proved by the Town of' ! Southold; County Tax Map Parcel No., I000-65-1-17. (5) 7:55 p.m. Appl. No. 4121 - FLOYD KING and ISLANDS END GOLF CLUB. Variance to the Zoning Ordinance, Article Ill, Section 100-33 for permis- sion to locate accessory equipment-storage building in the front yard area. Location of Property: 3365 Main Road, Greenport, NY; County Tax~ Map Parcel No. 1000-35-2-1. This property is zoned R-80, Residential. (6) 8:00 p.m. Appl. No. 4114- GEORGE TSAVARIS. A Variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4 for approval of deck area as exists at the top of bluff-~ stairway along the L.I. Sound. Location of Property: 2170 The Strand Lane, East Marion, NY.; Pebble Beach Farms Filed Map No. 6266, Lot 111, Parce ID No. 1000-30-2-53. (7) 8:05 p.m. AppL No. 4119SE RICHARD GOODALE AND MAT- TITUCK AUTO CENTER, INC. (Tenant). Special Excep~ tion to the Zoning Ordinance; Article X, Section 100-101Bt12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal Sworn to before rne lhis ........... ~. ........ clay of ........ m use as a new car sales establish- ment. Location of Property:' 7655 Main.Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax ~Map Parcel No. 1000-122-06-30.1 (prey. 30). The Board of Appeals will at i 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 hear~ ing. Each hearing will not start ' before the times designated above. For more information, please call 765-1809 or visit our office. Dated: August 31, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Linda Kowalski. iq'/ 1X-9/3/92(65) Notary Public BARBARA A. SCHNEtDER NOTAR'/PU!~LIC, Shie of [:e',v York No. 4~02~4G Oue)ified in Si:ff0Ik Couqtv APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOA~ OF APPEALS TOWN OF SOU~OLD SCOTr 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 prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD p. GOEPIRINGER CHAIRMAN By Linda Kowalski Copies sent 9/1/92 to the following: Mr. and Mrs. Robert H. 197 Kensington Road Garden City, NY 11530 Dexter Dr. and Mrs. Carl A. Soranno 185 Bayview Avenue Amityville, NY 11701 Mr. Blair Dibble Re: Pride Building Co., Inc. P.O. Box 1464 Southold, NY 11971 Poulos Mr. Gregory Poulos 24-09 Murray Street Whitestone, NY 11357 Dan Ross, Esq. Re: Kurz Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952-1424 Mr. Ernie Richter Re: Floyd King Richter Home Improvement Co. 515 Seventh Street Greenport, NY 11944 Mr. Russos Abadiotakis 1516 East 15th Street Brooklyn, NY 11230 Re: King J. Kevin McLaughlin, Esq. P.O. Box 1210 Southold, NY 11971-1210 Re: Goodale Mr. and Mrs. George Tsavaris 2170 The Strand East Marion, NY 11939 Dr. and Mrs. Edward Kondak P.O. Box 98 Greenport, NY 11944-0098 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dini72o, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 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 24, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4125 Project/Applicants: County Tax Map No. Location of Project: Gregory Poulos 1000- 15-3-3 135 Soundview Rd., Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Deck addition within lO0' of sound bluff 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 Hall, 53095Main Road P.O. Box 1179 Southold, New York l1971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY. SOUTHOLD TOWN CLERK ZONING APPEAL NO, 4125, GREGORY POULOS BY BUILDING CO., lNG, AUGUST 24. 1992 Transmitted is application for variance submitted by GREGORY POULOS together with notification to adjacent property owners; Notice of Disapproval from the Building Department; Short Environmental Assessment form; Zoning Board of Appeals Questionnaire form; survey and floor plan, · h T., Terry Southoid. Town Clerk Present: PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD September 10, 1992 (7:30 p.m. HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Jr. JAMES DINIZIO, Jr. ROBERT A. VILLA Hearing) LINDA KOWALSKI, Secretary-Clerk to Board 7:52 p.m. APPLICATION NO. 4125 - GREGORY POULOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to construct deck addition (to existing deck area), all of which is located within 100 feet of the Long Island Sound bluff or bank. This parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 135 Soundview Road, Orient, NY; also known as Lot #45 on the Map of "Orient by the Sea, Section Two"; County Tax Map Parcel No. 1000-15-3-3. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have copy of a survey dated April 11, 1980, indicating two-story frame home in a rather irregular shape toward the water. In fact, it is one, two, three, four, five, six-sided, and a copy of Suffolk County tax map indicating this and surrounding properties in the area. Is there somebody for the Poulos' who would like to speak? Appearance: MR. DIBBLE: How do you do, sir? Blair Dibble, Builder, Agent for Applicant My name is Blair Dibble. THE CHAIRMAN: application? MR. Board). this? What would you like to add to the DIBBLE: I have some pictures here (showing THE CHAIRMAN: What would you like to point out on 9/10/92 13 MR. DIBBLE: If you look at the pictures, you will see on the one side there is a sliding glass door. And on the outside the fireplace you have what is a barbecue. Those probably were originally, i believe, when the house was built were for a deck which was never constructed. You will see there is a door on the other side as well that could use a deck. THE CHAIRMAN: This deck is basically going to wrap around all six sides is the situation? MR. DIBBLE: Except for the Bilco door, five sides. THE CHAIRMAN: Five, right. And it is going to be approximately 14 feet in depth? MR. DIBBLE: Twelve feet depth, and by the time we finish with the steps, which will be (inaudible) wide or so. THE CHAIRMAN: So only in the two angles that actually face the water --I know they really all face the water-- straight or perpendicular? MR. DIBBLE: Those sides will be 14 feet. That is where the steps will be. THE CHAIRFL~N: Now the elevation above grade is approximately just underneath that window, so that is going to be about two and a half feet or so? MR. DIBBLE: We are actually going to make it a step down, so you will have probably 18 inches elevation. THE CHAIRMAN: And again this will not be roofed in any way? MR. DIBBLE: No. 9/10t92 14 THE CHAIRMAN: It is just going to have a normal railing which is required on a portion? MR. DIBBLE: Yes. THE CHAIRMAN: While you are up here, Mr. Dibble, does anyone have any questions on this? Bob? I guess not. Thank you. We can keep these pictures? MR. DIBBLE: Yes. THE CHAIRMAN: Is there anybody else who wishes to speak in favor of this application? Anybody like to speak against the application? Seeing no hands, I make a motion closing. We hope to have a decision for you very shortly because I am sure you want to continue with the construction of the deck, too. All right, thank you. Give us a call tomorrow to see if we get through it tonight. 7:55 p.m. APPLICATION NO. 4126 - DONALD AND JEANNE KURZ. Variance to the Zoning Ordinance, Article III, Section 100-73 for permission to build new, enlarged garage as an accessory in the front yard area (replacing existing garage which was approved under ZBA Appl.No. 2332 on 8/29/77). Location of Property: 725 Terry Lane (just north of the Southold Park District), Southold, NY; also referred to as Lot #5 as approved by the Town of Southold; County Tax Map Parcel No. 1000-65-1-17. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have copy of plan for the deck and new garage, rather. I am stuck on decks tonight. I apologize. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUffOlk COUNTY Executive ARTHUR H. KUNZ D~RECTOR OF PLANNING September 25, 1992 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Poulos, Gregory 4125 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner H LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY · HA UPPAUGE. NEW YORK 1 1788 · {5 ~ 6) 853-5192 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMATION (To be coml~leted by ADDlicant or Project sDonsor) AMOUNT OF LAND AFF- ED; WILt. PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USS RESTRICTIONS? g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ReResidentlal [] Industrial [] Commercial [] Parl'JForesuOpen suaca [] Ot~er 10. DOES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl. STATE OR LOCAl.i? YeS ~-~O If yes. list agency(s) and Dermit/aDI3rovals 11. DOES ANY ASPECT I ~'~ Yea ~N"& r OF THE ACT!.~N} HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED AaOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I! the action is in the Coastal Area, and you are a state agency, complete tile Coastal Assessment Form before proceeding with this assessment OVER ~ .(Continued on reverse side) The N.Y.S' Environmental Quality Review AC~ereguires submission · before any action is taken. (a) In order ko 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 has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental 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 un~ual land form on the site? ' 3. Will project alter or have a large effect on an existing body of Wa=er? 4. Will project have a potentially large impact on" groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Yes :~NO .. Yes ~No ~Yes ~NO Will ' affect any threatened or endangered plantpr°]ect or a~imal species? 7. Will project result in a major adverse effect on- air quality? 8. Will project have a major effect on visual char- .. known to be important to the community? . .___Yes ~No 9. Will project adversely impact any site or struct- ure of historic, Pre-historic, or paleontologiuuL importance or any site designated as a critical envircnmental area by a local agency? ~es ~No 10. Will project have a m~jor effect on existing or future recreational opportunities? .~Yes .~N0 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 project s operation. ~Ye$ ~No 13. Will project have any impact on public health .__.~es ~..~,o 14. Will project affect the existing community by directly causing a growth in permanent popula- period or have a major negative effect on the charact~-~ of the community or neighborhood? QUESTIONNAIRE 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 sh~etlmay be attached.) B. Is the subject premises listed on the real estate market for - sale. or being shown to prospective buyers? { } Yes {~ No. (If Yes, pl~se a~--h C~3 of "condi~n~" of sale.) C. Are there anT~uposal~ tD u~ange~r alter land cunte~? { } Yes ~ No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property ~ul~-----e~d between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the T~?~rustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of - proposed cgqstruction at or below five feet above mean sea level? ~./~. (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which e~ ~t and are not ~hown on the survey map that you submitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time c~ncerning your premises? ~ If yes, please submit a copy o~ your building permit and ~ap as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this I. Please list present use or ~perations parcel ~ ~'~1¥ ~,4~,O% conducted at this and Autno~z~ Signature and Da~e 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou~hoid. [Added 6-5-84 by L.L. No. 6-1984! 'WE~FDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by_t,~L= No. 6-1985]: '-f ~.~- :,". '? (1) Ali lands generally covered or intermittently, co;~- ered with. or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, flats or ether low lying lands subject tn tidal action; (2) All banks, bogs. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay'. black grass, saltworts, sea lavender, tall cordgrass, high bush. cat,ils, groundsel. ~arshrn~Uu~ ~d. ~w (3) AIl Innd immediately nd~acent to a tidal wet,and as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: "Fresh~vater wetlands" as defined in Article 24. Ti- tle I. § 24-0107. Subdivisions l(a) to l(d) inclusive. of ~he Environmental Conservation L~w of the State of New York: and (2) All land immediately adjacent to a"freshwater wet- I nd. as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z.~.s.ss ~ · j c~w~Y (*~ 11957 0 · FATEMENT Of' INTI~NT THE WATER S~IFIit. Y AND S~YA(~ DtS~OSAL SYSTllI~ FOR THIS RI~IK)ENC~ WILL CONFOffM TO THE STANDARDS OF TH6 SUFFOLK CO. DEPT. OF' HEALTH ~RVlC~ (s) AII~I. ICANT SUFFOLK COUNTY DEPT. OF HEALTlC SERV,CES -- FOR APPROVAL CON~TR UCTION ONLY DATE: H. S. REF. ~.: ~F~K CO. TAX ~ ~T~.~ . NEW YORK BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~.e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ViCtorian__~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is t,h~e subject of th£ Petition is located adjacent to your property and is des- cribed as follows: 133r~- .~o ~,,z ~. LJ~ ~ -.~ ~'~ ~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That b% such Peliti,,9~the undersigned will ~quest the following relief: ~'~ ~ z~/('J ~-~C~/ 5. That the provisions of the Southold Town Zoning Code~aEplicpble to~the~relief sought by the under- signed are Article )<~ l l( Section /DO ~ ~, ~ ~ ~lJ [ ] Section 280-A, New York Town Law for approval of access over r~ght(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 regu ar 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, newspapers published in the Town of Southold and desighated for the publication of such notices; that you or your representative have the ' right to appear and be heard at such hearing. Petitioner Owners ' Names :~rv Post Office Address Tel. No. ( ) ~ ~7~. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~_~. -., (L~,~.",, ,.~,~, . k'~ J..'l -- . being duly sworn, deposes an~l say[ that on the s~:_g_~ day of ~ ,~ .-. ~'4:::~__ -' , 119 ~J~ , deponent mailed a true copy of the Notice set forth on the re- verse side ~?'eof,(~li~ected 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 addresser of said persons as shown on the current ass~.s,~q~ent roll of the Town,of Soulhold; that said Notices were mailed at the United States Post Of- fice at <_'"')'o ,~C:~ ~:[ ~ L-1 ] jaj-7~ ; that said Notices were mailed to each of said persons by (certified) (registered) m~,il. ' ~' "' '1 Sworn to before me this - day_9.f. ~ ~::.~.~,--- ,-1.~._ ~::;~, I~UZAB£TM.ANN Nk:-'VICCE Notan/Publi~. Stele et No. 52-8125850, SUffolK Term Expire~ October 31. form transmitted to adjoining (This side does not have to be completed on property owners.) . / ! /: APPROVED AS NOTED FE .E~BY:~ 765-1802 9 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUrRED FOR POURED CONCRETE 2. ROUGH - FRAMING & PLUMBING 3. INSULATION 4 FINAL - CONSTRUCTION MUST BE COMPLETE FOR C O ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS DF THE NY STATE CONSTRUCTION & ENERGY OCCUPANCY OR USE IS UNLAWFUL WITHOUT CERTIFICATE C2 ['ENPORT. N Y. 1 lO4,I PLAN NO 1~4tg7 ,~k Phone 477-0400 '~?,~-'~ Mair~ Road r t