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HomeMy WebLinkAbout4124 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. obe . V' ~ Ri cP~ar~ ~. ~lli lton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4124: Application of DR. AND MRS. CARL A. SORANNO for a variance 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, 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. WHEREAS, after due notice, a public hearing was held on September 10, 1992, and at said hearing 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; 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. This is an appeal of the August 14, 1992 Notice of Disapproval by the Building Inspector concerning: (a) construction within 100 feet of the top of the bluff or bank of the L.I. Sound, and (b) an accessory building in the front yard area. 2. The premises in question is a conforming lot having a total lot area of approximately 2.75 acres in this R-80 Zone District and is identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 4, Lot 3. 3. Submitted for the record is a survey prepared by Young & Young, L.S. showing the present layout of the buildings on the premises (i.e. existing dwelling and accessory garage which is the subject of this variance and constructed without building permits or variances). Page 2 - Appl. No. 4124 Matter of DR. AND MRS. CARL A. SORANNO Decision Rendered Otober 15, 1992 4. The deck is open and unenclosed as exists, and is proposed to remain as such. The deck extends along the westerly and easterly sides, and along the southerly section of the existing dwelling. The deck has variable dimensions between 18 feet wide and eight feet wide. (Ref: survey prepared August 7, 1992 by Young & Young, L.S.) The setback requested is 35 feet from the (approx.) top of bluff line as shown on the August 7, 1992 survey, and the remainder of the deck extends landward of the house. 5. The subject accessory building consists of a size 15 ft. by 19 ft. and has a height to the peak of the roof at 11.8 feet as shown on the construction diagrams submitted as part of the application with photographs. 6. The use of the accessory building is proposed for sleeping quarters or guest use; however, the use of this building is limited to storage, garage, workshop, etc. as established as customary and further provided in the accessory use provisions of the R-80 Zone District at Section 100-31C. A use variance has not been applied for as part of this area variance application for the accessory building. Such a use for sleeping or living purposes is prohibited and is not properly before the Board at this time. 7. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance the front yard area as defined presently in the zoning code defines that yard area facing the right-of-way. The yard area facing the L.I. Sound is defined in the code as the rear yard, although it is prohibited to build within 100 feet of the L.I. Sound bluff or bank; (b) the relief is substantial in relation to requirements, however, it is not uncommon to have waterfront lot with limited rear (water side) yard areas; (c) the variance requested does not involve any increase of dwelling unity density; (d) the relief requested will not cause a substantial effect on available governmental facilities since the structure will be permitted to be used only for storage or accessory uses customarily incidental to the main residential use of the premises; Page 3 - Appl. No. 4124 Matter of DR. AND MRS. CARL A. SORANNO Decision Rendered Otober 15, 1992 (e) the relief requested is not unreasonable due to the uniqueness of the property and the irmnediate area; (f) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the proposed construction is similar to that generally existing in the area. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was RESOLVED, to GRANT the area setback variances requested under Appl. No. 4124 in the Matter of Dr. and Mrs. Carl A. Soranoo for a deck addition to dwelling and accessory building in the front yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory building is restricted to those accessory use for storage or garage purposes (such as a hobby shop or artist's work studio) customarily incidental to the main use of the premises, not to involve a separate use, not to involve sleeping or living quarters, not to involve sales or similar gainful purposes; 2. No plumbing facilities for a shower and/or lavatory (toilet), except that one sink with minimal plumbing hook ups will be permitted as regulated and authorized by the Suffolk County Department of Health Services; 3. No other utilities, except that electricity will be permitted; 4. Covenants in legal, recordable form shall be prepared and submitted by the applicants for acceptance, and if approved, shall be filed by the applicants with the Suffolk County Clerk's Office binding all owners, subsequent owners, their heirs and assigns. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, and Villa. (Member Wilton, appointed on October 6, 1992 abstained entirely.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR Town Clark, Town of APPEALS BOARD MEMBERS Gerard P.. Goehringer, Chairman Serge Doyen, J~c. 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 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 MRS. 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, Page 2 - Legal Noti Hearings for September 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, ~age 3 - Legal Not Hearings for September 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 to 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: 2170 The Strand Lane, East Marion, NY; Pebble Beach Farms Filed Map No. 6266, Lot 111; Parcel ID No. 1000-30-2-53. (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 rage 4 - Legal Noti~ Hearings for September 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 AUGUST la,, 19 92 To CARL & I)OEO'rBY T. SOREANO .... 185 BAYVIEI,/ AVENUE AMI'I'~tvILLE, ~ YORK 11701 PLEASE TAKE NOTICE that your application dated , AUOUST 10, 19 92 for permit ~ FOR A DECK ADDITION & TO CONSTRUCT AN ACCESSORY RUILDING Location of Property .... .31.0.5.9..C.O..glr3~.. ROAD ~48 PECONIC, N.Y. House No. ' .............. 'S't/e~i ........... Har~l'e~ County Tax Map No. I000 Section 73 ' Block 4 3 Subdivision ................. Filed Map No. Lot No ........ · .......... is returned herewith and disapproved on the £ollowing grounds ............................... !. ALL BUTLDINOS LOC~,&TEI) ON LOTS ADJACF. NT TO LONG lrSI~a'~,'-D SOUND SBALL BE SET NOT LESS ~ 100' FROM 'l'mC TOP OF 'l'U~. BLUFF OR B/LNK. 100-239.4-A (!) - ACTION REQIIIREI) BY 'rm,: ZONING BO/~d) OF APPlZALS. "... RV 1/80 TOWN OF SOUTHOLD, HI~ O'elll¥ E D APPEAL FROM DECISION OF BUILDING INSPECTOR kUG 2 0 ~ ~PP~L NO.~[ ~u~old Town TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. We) ~ ~ '~ ~.eM.~.L..~...~....=..L. ~.q,f .............. ~.~L~...~.e.~.~.~ ......... 1,( ............... u .............. Name of Appellant Street and Number ~r~ $ u,l/c ~C)~ ..... ~..~ .............. ~;~EREBY APPEL TO Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....Y~.~. ~rk~..F....I..°.....!.?.~].~.. .......... WHEREBY THE BUILDING INSPECTOR DENIED TO Nome of Applicont for permit ... ......° Street and Number Municipali~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..~..!..Q..b...c~.......~.~...~.~..~...~...°.~...~.~......~..~.~.~......J~....~'.. .......... Street /Hamlet / Use District on Zoning Mop District 1000 Section?3 Block~ Lot 3 C.-ren* ............................................................ .. ~ O~ner Map No. 'Lot No. Prior Owner. 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the A~icle Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. ~PE OF APPEAL Appeal is made herewith for (please check appropriate box) (~ A VARIANCE to the ~ning Ordi~nce or Zoning Map ( ) A VARIANCE due to lack of access (State of N~ York T~n L~ Chap. 62 Cons. ~s Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeaL f~ll) (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 mode in Appea.I No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~/) A Variance to the Zoning Ordinance ( ) is requested for the reason that ~ Z~I l(Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF ~t,~E ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISIRICT because STATE OF NEW YORK ) ) ss COUNTY OF ,~UL-~O i/L. ) Sworn to this ............................ '~ ................. day of ................ V~c~ .~ ..................... 199 OHRI~TNE E, ,~i~DE Notary Public OWNER FORMER OWNER TowN': OF SOUTHOLD ~-"~OPERTY s'~RE~ ~ / O 5 q RECORD CARD VI LLAGE DISTRICT SUB. TYPE OF BUILDING LOT ' :; NEW Form NORMAL Ac re Tillable I J Tillable 2 Tillable. 3 Woodland Swampland Brushland ~'~ VL FARM TOTAL B~ AB~ CON~ BELOW Value Per Acre DATE COMM. JIND. JOB.  EMARKS MISC. ABOVE " Value ' House Plot Totc~ 4-~4-o/ [xtension ~ ~t. Wolls ~gc/~ Intorior Finish Extension Fire Place ~ ~ ~ Hea~ Porch Attic Porch Rooms ~s~ Flor Breezewa~ : Pa~io Rooms 2nd Floor Garage Driveway APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 18, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 John P. Salerno, Esq,. Salerno & Weinstein 110 Walt Whitman Road Suite 102 Huntington Station, NY 11746 Re: Appl. No. 4124 - Dr. and Mrs. Carl A. Soranno Dear Mr. Salerno: This letter will confirm that the proposed Declaration of Covenants and Restrictions were reviewed and are acceptable for the recording, with the exception that Condition No. 1 should clearly state "owner's" or "resident's" hobby or artist's studio" to clarify the use being related only to the resident of the premises, and not a separate family or separate use. Please provide us with a copy of the recorded Declaration for our permanent files once it has been filed with the Office of the Suffolk County Clerk. Very truly yours, GOEHRINGER GERARD P. CHAIRMAN lk Board of Appeals Town of Southold P.O. Box 1179 Southold, New York 11971 Att: Mrs. Linda Kowglski RE: Dr. & Mrs. Carl A. Soranno Application No. 4124 Dear Mrs. Kowalski: I am enclosing herewith a copy of the Covenants and Restrictions in connection with the above captioned. Please advise me if same are acceptable and I will, of course, upon your advice file same with the County Clerk and send you a copy of the recorded covenants and restrictions. Many thanks for your wonderful cooperation in this matter. JPS:cf gnc. Very truly yours, :O~HN p. S AL El/0~~ DIST: SECT: BLK: LOT: 1000 073.00 04.00 003.000 NOV - 4 DECLARATION OF COVENANTS AND RESTRICTION~ This declaration made this 30th day of October, 1992 by CARL A. SORANNO and DOROTHY T. SORANNO, residing at 185 Bayview Avenue, Amityville, New York 11701, hereinafter referred to as the "Declarants"; W I TNE S SETH WHEREAS, the Declarants are the owners in fee simple of a certain parcel ofland situate on 31059 County Road 48, Peconic, in the Town of Southold, County of Suffolk and State of New York, being the premises described in a deed dated December 12, 1984 and recorded on December 26, 1984, in the Suffolk County Clerk's Office at deed Liber 9701, page 495, and described as follows: ALL that certain plot, piece of parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument located at the southwesterly corner of the hereinafter described property where it adjoins land of Stepan Minakyan, which monument is also the northwesterly corner of land of Thomas P.McGunnigle; RUNNING THENCE from said point of beginning North 49 degrees 02 minutes 50 seconds West 1040 feet along land now or formerly of Stepan Minakyan et al. and land now or formerly of Maud Cabot Morgan to the ordinary high water mark of Long Island Sound; THENCE easterly along said high water mark the following three (3) tie line courses and distances: 1. South 84 degrees 55 minutes 50 seconds East 49.87 feet; 2. North 87 degrees 28 minutes 50 seconds East 106.08 feet; and 3. North 83 degrees 07 minutes 30 seconds East 29.40 feet to land now or formerly of Peter J. J. Troyano and Margaret S. Troyano; THENCE along said last mentioned land South 49 degrees 02 minutes 50 seconds East 894.20 feet to the northerly line of a 15 foot right-of-way and land of Thomas P. McGunnigle and Stepan Minakyan; THENCE along said last mentioned land South 36 degrees 57 minutes 10 seconds West 124.31 feet to a concrete monument at the point or place of BEGINNING. TOGETHER with a right-of-way 15 feet in width in common with other users over lands of Thomas P. McGunnigle, Stepan Minakyan, John Ebeling and Barbara Ebeling from the south- westerly corner of the premises hereinabove described for purposes of ingress and egress to the Middle Road(formerly C.R. 27 now C.R. 48) as more particularly set forth in an agreement dated March 10, 1983 and recorded in the Suffolk County Clerk's Office in liber 9619 cp. 390. Hereinafter referred to as the "premises". WHEREAS, said Declarants applied to the Board of Appeals for the Town of Southold for a variance from Article 111, Section 100-33 of the Zoning Ordinance to construct an accessory structure in the front yard area of the premises. WHEREAS, the Board of Appeals has granted the variance subject to certain conditions and required that such conditions be set forth in recorded covenants and restrictions. NOW, THEREFORE, Declarants declare that the aforesaid premises is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land in perpetuity. 1. The accessory building is restricted to those accessory use for storage or garage purposes (such as~hobby or artist's work studio) customarily incidental to the main use of the premises, not to involve a separate use, not to involve sleeping or living quarters, not to involve sales or similar gainful purposes; 2. No plumbing facilities for a shower and/or lavatory (toilet), except that one sink with minimal plumbing hook ups will be permitted as regulated and authorized by the Suffolk County Department of Health Services; 3. No other utilities, except that electricity will be permitted. 2 These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Board of Appeals for the Town of Southold. IN WITNESS WHEREOF, the Declarants have hereby executed this Declaration of Covenants and Restrictions the 30th day of October, 1992. CARL A. SO] ~NNO - 3 - STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the 30th day of October, 1992, before me personally came CARL A. SORANNO and DOROTHY T. SORANNO to me known to be the individuals described in and who executed the foregoing instrument and acknowledged that they executed the same. -4- DECLARATION OF COVE~S ~ RESTRICTIONS DIST: 1000 SECT: 073.00 BLK: 04.00 LOT: 003.000 RECORD & RETURN TO: JOHN P. SALERNO, ESQ. 110 WALT WHITMAN ROAD HUNTINGTON STATION, NY 11746 OEPARTMENT Of PLANNING cOUnTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTO~ OF PLANNING 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) v~oranno, Dr. & Mrs. Carl Kelley, Robert & Ruth 4124 4129 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner 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 Hail, 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 Cum, lssion: XX Variance from the Zoning Code, A~ticle. XXIII ~ot~, 100-239.4A(1 article III, Sec~i~I~-33 __Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section __Special Permit and Appeal No: 4124 Applicant: DR. & MRS. CARL A. Location of Affected Land: 31059 County Road 48, County Tax Map Item No.: 1000-73-4-3 Within 500 feet of: SORANNO Peconic, NY XX Town or Village Boundary Line 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 approve 100 feet of the top of the L.I. Sound bluff or banK; deck addition within approve storage building located in the front yard area, 400+ feet from the front Cdlb'i%%~'o~/b~'h~ile and related documents enclosed for your review. Dated: October 20 1992 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 20, 1992 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 Dr. and Mrs. Carl A. Soranno 185 Bayview Avenue Amityville, NY 11701 Re: Appl. No. 4124 (Decks and Accessory Building) Dear Dr. and Mrs. Soranno: Please find attached for your permanent records a copy of the Findings and Determination rendered by the Board of Appeals in the above matter at our October 15, 1992. You will note that a Declaration of Covenants will need to be prepared and submitted for acceptance by our office before permits may be issued. Once the Covenants have been accepted and then filed with the County Clerk, the variance will become effective. We are this date providing a copy of the Board's determination to the Building Department for their update and recordkeeping, as well as the Suffolk County Department of Planning concerning their review jurisdiction within 500 of waterways. Very truly yours, Linda Kowalski Enclosure cc: Building Department (Attn: Gary Fish, B.I.) Pre sent PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD September 10, 1992 (7:30 p.m. Hearing) HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Jr. JAMES DINIZIO, Jr. ROBERT A. VILLA LINDA KOWALSKI, Secretary-Clerk to Board 5 7:40 p m. APPLICATION NO. 4124 - DR. AND MRS. 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, 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. THE CHAIRMAN: I have a copy of a survey, Young & Young, dated August 15, 1985, indicating the approximate placement of the dwelling on this property and the movement of the "storage building" from the extreme rear yard to mid front yard or so, and a copy of the Suffolk County tax map indicating this and the other surrounding properties in the area. Is there someone here representing the Sorannos? Appearance: Mrs. Dorothy Soranno and Dr. Carl A. Soranno, Applicants Pro Se THE CHAIRMAN: I have to say for the record, I have never been to a more beautiful piece of property. It is absolutely gorgeous. Is there anything you would like to add to the record for us? MRS. SORANNO: I think the record is quite complete. I don't really know what else you would want to know, other than why we built it. We sent and application to the officers of Southold for a building permit for the deck. When we did that, 9/10/92 6 we were told we had to go to the DEC for a letter of non-jurisdiction, so when we went there, they told us that they would give us a letter of non-jurisdiction if we had a topographical map. We came back to get a copy of the topographical map, and then were told by the DEC that we needed a new or updated topographical map; and to get that topographical map we were also told it would cost us several thousand dollars. Well, that was a problem; so we decided to withdraw the application and not do anything. But we ran into difficulty because we have three aged parents, two in wheelchairs and one on the walker; and before that deck was built, you had to basically if you are in good shape, you had to run down the hill and then go up the steps, which was getting to be impossible. So we really were under pressure to make an entry, to get in and out of the house and around it for the rest of us. THE CHAIRMAN: MRS. SORANNO: What about the storage building.? Now the storage building, originally, before we moved onto the property, was on the neighbor's property. I guess over the years they just put it where they wanted. So before we bought the property, it was moved from the woods to that position you see there. After a while our neighbors suggested that maybe we should move it because it would be in their way, their view when they built their new house and they had shown us the staking out of where they were going to build the house and the plans for it. So we asked if they knew of anyone who could help us move it? And they didn't 9f10/92 7 SO we then showed them --we thought about it-- and we showed them where we thought we could move it and still be within our setback boundaries. And she said that's a pretty good idea, that's good, so we did go out, pay for a mover to bring it up on the hill; and it stood there. Lo and behold, after a couple years, they ended up building their house behind it and we wanted for a little bit of extra space because it is a tiny house that we have and we thought if we have that building usableto use as a bedroom for us when others would come in the family, that would expand the house. So we embarked upon refurbishing it, never dreaming that the front yard was behind the house; and we took upon refurbishing it when we were told we would have to do more to it because it was heavily damaged by (inaudible due to coughs into microphone). And that's about where we are. THE CHAIRMAN: Okay. That answers my question why there was so much glass in it because usually there isn't so much glass in an accessory structure. I just wanted to mention to you that we are not empowered to allow you to use that for sleeping quarters, okay. The only thing that we could allow you t~ do is have that and have it exist in the front yard area, and it seems ridiculous to call it'the front yard area because it is probably a thousand feet from the nearest road but needless to say, it is in the front yard area for only storage purposes. That is the covenant that would have to be on it, and that's all that we can do; we do not grant sleeping quarters in accessory 9/10/92 8 buildings. We have never done it and are not going to start now. That's all I can tell you, Mrs. Soranno. MRS. SORANNO: Is there another means, another approach to say non-accessory building? A guest-house? THE CHAIRMAN: If you subdivided your property and you had a separate lot and you wanted to build a cottage, so to speak, and continued to move this --I know there is a vast hill in back of this because I climbed the hill to come up to the property-- Then you could build a 850-square-foot cottage on another piece of property if the Planning Board so indicated and you had the acreage to do so; that would be the only avenue that you would have. MRS. SORANNO: THE CHAIRMAN: I see. You could, of course, add on to the house. From the rear, hopefully. When I say the rear, I mean the front yard area really where the deck is that you just added on. That's all, the only avenue you have. We have no vehicle to allow you to utilize that building. Is there any question you have, Doctor, concerning this? DR. SORANNO: I guess the ordinances speak for themselves. We do have a situation where we are so close to the bluff --because of the location of the house, we thought the way it was going to be used if we had this building available just in the situation where our families come out (inaudible with coughs into microphone). It is just a summer residence anyway. We are not renting it. 9~10/~2 9 THE CHAIRMAN: The maximum we have ever granted in this Board is some limited heating for somebody who wanted to use it for storage of books and they didn't want the books to deteriorate, we have allowed one, a single lavatory with no shower, for somebody who wanted to utilize it for the purpose of a workshop on their automobiles or whatever the case might be and the building was somewhat detached from the house so that they didn't continually have to run up to the house and wash their hands and use the lavatory facilities, or a beach cabana type of situation where the doors on the cabana actually open to the outside in all situations, so there were no interior doors opening to the interior of the building itself. And that is pretty much the max that we have ever seen here. DR. SOP~LNNO: That is about as much as we can say because being we have the main house with just the two of us; but we do have those situations where my son with his kids would come over, and then my daughter, who is getting married, comes in with her boyfriend. Then somebody else comes in and next thing you know we are out on the lawn. THE CHAIRMAN: I want you to know the decision from this Board is going to read, is going to be restrictive in that area, in that way. Are you planning on any utilities in the building? Other than electricity? MRS. SORANNO: No. DR. SORANNO: MRS. SORANNO: THE CHAIRMAN: You mean like sink? We would like a sink. We can continue utilities. We all misconstrue what those are, and my interpretation of utility is 9/10/92 . 10 somewhat different from other people's, okay. Anything that causes to start a light or, you know, any type of water utility, any type of heat utility, and so on and so forth. DR. SORANNO: Just from the main house though. THE CHAIRMAN: It wouldn't make any difference where You are only talking about electricity at this it came from. time? MRS. SORANNO: THE CHAIRMAN: MRS. SORANNO: DR. SORANNO: THE CHAIRMAN: Electricity. --and water. Water for the purposes of a sink? Yes. A lavatory? We'll talk about that. Any questions? MR. VILLA: I have a question. I heard Mrs. Soranno talk about her application to DEC. What I would like to know is, why did you proceed.to build this deck and this without permits? MRS. SORANNO: Well, sir, I guess we shouldn't have; but we did because we were in a problem and one of the old folks had just gotten into a wheelchair. He came out spent time and it was really very hard. There were times we were lifting it over the deck, and you couldn't do it. So we went ahead. MR. VILLA: I get upset sitting here and having to rule on applications that are accomplished already, you know. When you have a permit system, it is a little upsetting. MRS. SORANNO: That problem with the new map was quite a problem. 9/10/92 11 THE CHAIRMAN: Thank you. Any other questions from Board members? Anybody else who would like to speak in favor of the application? Anybody like to speak against the application? Hearing no further comments, I make a motion closing the hearing, reserving decision until later. DR. SORANNO: Because of the devastation that occurred on that hill, we have started already planting that hill and we have a very nice relationship with our new neighbors next to us who have bought that house to the west, and we are planning on refurbishing those trees and building a (word inaudible) there. They are a very nice couple and we do have cooperation with them in redoing that hill. THE CHAIRMAN: Right. DR. SORANNO: So that is in our plans. THE CHAIRMAN: ~ We do thank you for coming in, and we thank you for your frankness concerning this application, and we will do the best we can. Thank you. (~ARL A. $ORANNO, M. D. Valance to the Zoning Ordinance, NOTICE OFHEAR1NG,~ Article HI. Sccfi~ 1~-33 for per- ~w and the Code of the Town of which was approved under ZBA SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town tlall. 53~5 Main Road. Southrdd, ~w Yo~ 11971, on THURSDAY, SE~B~ 10, 1992 ~en~ng '(1) 7:35 p.m. A~I, 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 additioo within 75 f~t of the bulkhead. Location of Property: 8380 Great Pecm~ic Bay Boulevard, l~urcl, NY: County TN Map pared No. 1000-126-11-20. Subject promis- es is substandard in size and is Appl. No. 2332 on 8/29/77). Loca- tion of Property: 725 Te~/Lane (just ao~h of the Southold Park Disuict), $outhold, NY; also rder~i to aa ~5 as approved by the Town of ~outhold; County Tax Map Parcel ~o. 1000-65-1-17. ~ (5) 7:55 p.m. AppL No. 4121 !FLOYD KING AND ISLAND S END GOLF CLUB. Variance to the ~oning Ordinance. Article IH. S~c- ~on 100-33 for permission to locate iccessory equipment-storage build- ng in die front yard are~. Location of Property: 3365 Main Road, Green- ~ort. NY: County Tax Map Parcel go, 1000-35-2-1. This property is ~ned R-80 Residential. Property: 31059 County Road 48. Peconin. NY; County Ta~ Map Parcel No. 1000-73-4-3. (3) 7:45 p.m. AppL No. 4125 -- GREGORY POULOS. Variance,to Section I00'239.4A(I) for I~nni~- cation of Property: 135 Soundvie~ ed in the R-40 Zone Disuici; ' (6) g:00 p.m. Appl. No. 4114 -- (2) 7:40 p,m. AppL No, 4124 -- 3EORGE TSAVARiS. A Va~nce to DR AND MRS. CARL A SO-i.hc~~oningOrdinance A~cleXXIII, RANNO Variances o he ~ ' I~ectwn 100-239.4 for approval of Ordinance. Article XXIII, Section le~k area as exists at the top of bluff 100-239 4A(I) for ~pproval of d~k ;telrway along the LL Soond. Loca- addition within 100 feet of the u-~ of I ion of Property: 2170 The Strand the L I Sound bluff cr bank 'and-~'-- ~ane, East Marion NY' Pebble tide HI. Section lO0-.~a .... mr approval ' leach Farms Filed Map No. 6266. uf acccssov/storage building located ~ot 111; Parcel ID No. 1000-30-2- in the f~t yard area, 400+ fccl from ;3. th~ front property line. Location of: (7) 8:05 p.m, AppI. No. 4119SE~d~ --.RICHARD GOODALE AND dATTITUCK AUTO CENTER~ NC. (Tenant). Special Exception tO he Zoning Ordinance, Article X. i~ction IGO-101B(12) for a permit ~uthorizing: (a) a new car sales :steblishment; (b) an establishme~ )f sn accesso~ use incidemal to th~ Dated: August 31, 1992. BY ORDER OF THE SOUTHOLD TOWN CHAIRMAN STATE OF NEW YORK) ) SS: COUNTY OF 8Ut~t.,OLID ( t~r~f~- ~(]/~J/CC/~" of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspnper, published at Mattituck, 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 successively, commencing on the~ ~ dly of~__~ ' U~IE V. BROWN No. 4~0871P O~a~f~l In ~uffo~ ~.,u~ ~ Principal Clerk $wotn to before me this~ day 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 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 Ot,- 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 premise~ 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 XXIII, Section I00-239.4A(I) for approval of deck addition within 100 feet of the top of the' L.L Sound bluff or bank, and Article Ill, 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, Sectional 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 lsland 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~lt"to b~l d new, enlarged garage as an ac- cessory in the front yard area (replacing existing garage which' was approved under ZBA Appl. No. 2332 on 8/29/77). Location. of Property: 725 Teri'y Lane, (just north of the Southold Park' District), Southold, NY; also' referred to as Lot No. 5 as ap-' proved 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 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.i This property is zoned R-80 Residential. (6) 8:00 p.m. ~ppl. 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 El. Sound. Location of Property: 2170 The Strand Lane, East Marion, NY.; Pebble Beach Farms Filed Map No. 6266, Lot 111, Parcel 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 100-10IBC12) for a permit authorizing: Ca) a new car sales establishment; Cb) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; Cc) outside display of vehicles, Cd) accessory office use incidental to the new principal ~ COUNTY OF SUFFOLK ss; STATEOF NEW YORK 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 Ihe notice of which the annexed is a printed copy, has been published in said I_ong Island Traveler-Watchman oDce ~.',lch wt'ek Jor . .................... / ..... wet'ks successively, commencing on the ......... ~. ........... Sworn to before me this ........... ,-~..~.. .... clay of ........ , use as a new car sales establish- mont. Location of Property: 7655 Main~Road (NYS Route 25), laurel, n~r Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30. I (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 above matters. Written comments may also be submitted prior to the conclusion of the subject hear, lng. 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. GOEHR1NGER CHAIRMAN by Linda Kowalski, IX-9/3/92(65) Notary Public BARBARA A. SCHNEIDER NOTAR7 PU!~LIC, St~[o of t~ew York I,io, 430?,~4r, Quahhed in SL:ffolk Couqty , APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, .Ir. 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 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. GOEHRINGER CHAIRMAN By Linda Kowalski Copies sent 9/1/92 to the following: Mr. and Mrs. Robert H. Dexter 197 Kensington Road Garden City, NY 11530 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 S,~. 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 Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 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 21, 1992 S.E,Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4124 Project/Applicants: County Tax Map No. Location of Project: Carl and Dorothy Soranno 1000_73-4-3 31059 CR 48, Peconic, NY Relief Requested/Jurisdiction Before This Accessory building in front yard area enoBoa~decKd in this P~oject: addition w]t-nln 100' 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 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: RE: DATED: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY. SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4124 CARL A. AND DOROTHY SORANNO AUGUST 21. 1992 Transmitted is application for variance submitted by Carl A. and Dorothy T. Soranno, together with Decision of Buildlng Inspector, Notice of Adjacent Property Owners, Southold Building Department Notice of Disapproval, Short Envrlonmental Assessment Form, ZBA Questionaire, and maps of the proposal. ~ 44347 TOWN CLERK Town OF soUTHOLD Suffolk County, New York phone 516-765-1801 Date~ 19 ~ ~-~ Southold, New York 11971 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION {To be completed by Applicant or Proiect sponsor) 1. APPLICANT ISPON OR 2. 3. PROJECT LOCATION: 4. PRECISE LQ~TION (Sitar a~ress ane roae inters~tlon~ ~rommem lan~mar~ etc.. or ~mviee maol SEQR 5. tS PROPOSED ACTION: ~'~N ew [~Ex=ansion [] Moalflcationlalteratlon 6. DESCRIBE FRQJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED; 8. WILL PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? e. WHA~ ~S PRESSNT ~ND USE IN VIC3NIW OF P~OJE~? ~Restoantlal ~ ~n~ustrial ~ Cemmermal ~A;r~cutture ~ Par~ForesUO~en s~ce ~ Ot~e~ ~ Ne If yes, list agency(s} aha ~2. As ~ ~su~T o~ PROPOS~D ACTIO~ W=LL ~X~STING PER~m*PPPOV*L I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete t~le Coastal Assessment Form before proceeding with this assessment I side) OVER I Continued on reverse The N.Y.S. Environmental Quality Review Ac~erequires submission · before any action is taken. I~NSTRUCTIONS: (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 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? Yes: 2. Will there be a major change to any unique or u~%~ual la~d form on the site? Yes V/No 3. Will project alter or have a large effect on an existing body Of water? Yes ~/No 4. Will project have a potentially large impact on groundwater quality? Yes ~/No 5. Will project significantly effect drainage flow on adjacent sates? , · Yes ~/ NO 6. Will project affect any threatened or endangered plant or animal species? __Yes ~ No 7. Will project result in a major adverse effect on air quality? Yes VZ.No 8. Will project have a major effect on visual char- known to be important to the community? ..__Yes VWNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? _ Yes . 10. Will project have a m~jor effect on existing or future recreational opportunities? - Yes /No 11. Will project result in major traffic problems or · cause a major effect to existing transportation · ' systems? ..__Yes ~No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes ~/No 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there pub~ntrove~y concerning the 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 sheet may be attached.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes (~/} No. C. Are there an~/~roposals tm ~-hange o~ alter land cuntou~u? { } Yes {4 No De 1. Are there any areas which contain wetland grasses? MO 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property bulkheaded 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 Town Trustees for its determination of jurisdiction? ~/~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or feneas which ~t and are not ~hown cn the survey map that you ar~ submitting? ~o~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~O If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? NO If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~~ ~ C%)~F~d_ ~,~ and proposed use ~ ss~ Authorized Signature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou~hold. [Added ~5-84 by L.L. -No. 6-1984] ~J/-ETI~NT)S [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 b.vJ,~l.: Nh. ~-1985]: -f,,~-".' ~'. '"-' ~ ;~.'F ~I'DAL WETLANDS: (1) Ail lands generally covered or intermittently cov- ered with, or which border on, tida| 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 other low ~ying lands subject to 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, saltworte, sea lavender, tall eordgrass, high bush, cattails, groundse], marshrn'~llow (3) All land immediatek~ adjacent ~ a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most land,yard edge of such a tidal wetland. FRESHWATER WETLANDS: (1)" ,, · Freshwater wetlands as defined in Article 24, Ti- tle I, § 24-0107, Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z- .-'s. sa LONG R. 80 ISLAND LI - A-C R-80 R--80' R-80 February 9, 1993 Mr. Gerard P. Goehringer Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Appl. No. 4124 - Dr. & Mrs. Carl A. Soranno Dear Mr. Goehringer: JPS:cf gnc. Enclosed herewith please find a copy of the recorded Declaration in connection with the above captioned. ii, Ay yours, / DIST: 1000 SECT: 073.00 3LK: 04100 .OT: 003.000 DECLARATION OF COVENANTS AND RESTRICTIONS WHEREAS, the Declarants are the owners in fee simple of a certain parcel ofland situate on 31059 County Road 48, Peconic, in the Town of Southold, County of Suffolk and State of New York, being the premises described in a deed dated December 12, 1984 and recorded on December 26, 1984, in the Suffolk County Clerk's Office at deed Liber 9701, page 495, and described as follows: ALL that certain plot, piece of parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument located at the southwesterly corner of the hereinafter described property where it adjoins land of Stepan Minakyan, which monument is also the northwesterly corner of land of Thomas P.McGunnigle; RUNNING THENCE from said point of beginning North 49 degrees 02 minutes 50 seconds West 1040 feet along land now or formerly of Stepan Minakyan et al. and land now or formerly of Maud Cabot Morgan to the ordinary high water mark of Long Island Sound; THENCE easterly along said high water mark the following three (3) tie line courses and distances: 1. South 84 degrees 55 minutes 50 seconds East 49.87 feet; 2. North 87 degrees 28 minutes 50 seconds East 106.08 feet; and 3. North 83 degrees 07 minutes 30 seconds East 29.40 feet to land now or formerly of Peter J. J. Troyano and Margaret S. Troyano; THENCE along said last mentioned land South 49 degrees 02 minutes 50 seconds East 894.20 feet to the northerly line of a 15 foot right-of-way and land of Thomas P. McGunnigle and Stepan Minakyan; THENCE along said last mentioned land South 36 degrees 57 minutes 10 seconds West 124.31 feet to a concrete monument at the point or place of BEGINNING. This declaration made this 30th day of October, 1992 by CARL A. SORANNO and DOROTHY T. SORANNO, residing at 185 Bayview Avenue, Amityville, New York 11701,. hereinafter referred to as the "Declarants"; W I'T N E S S E T H TOGETHER with a right-of-way 15 feet in width in common with other users over lands of Thomas P. McGunnigle, Stepan Minakyan, John Ebeling and Barbara Ebeling from the south- westerly corner of the premises hereinabove described for purposes of ingress and egress to the Middle Road(formerly C.R. 27 now C.R. 48) as more particularly set forth in an agreement dated March 10, 1983 and recorded in the Suffolk County Clerk's Office in liber 9619 cp. 390. Hereinafter referred to as the "premises". WHEREAS, said Declarants applied to the Board of Appeals for the Town of Southold for a variance from Article 111, Section 100-33 of the Zoning Ordinance to construct an accessory structure in the front yard area of the premises. WHEREAS, the Board of Appeals has granted the variance subject to certain conditions and required that such conditions be set forth in recorded covenants and restrictions. NOW, THEREFORE, Declarants declare that the aforesaid premises is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land in perpetuity. 1. The accessory building is restricted to those accessory use for storage or garage purposes (such as m~owner-resident artist's work studio) customarily incidental to the main use of the premises, not to involve a separate use, not to involve sleeping or living quarters, not to involve sales or similar gainful purposes; 2. No plumbing facilities for a shower and/or lavatory (toilet), except that one sink with minimal plumbing hook ups will be permitted as regulated and authorized by the Suffolk County Department of Health Services; 3. No other utilities, except that electricity will be permitted. or These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Board of Appeals for the Town of Southold. IN WITNESS WHEREOF, the Declarants have hereby executed this Declaration of Covenants and Restrictions the 30th day of October, 1992. -CARL A: ~ORANNO - 3 - STATE OF NEW YORK) COUNTY OF SUFFOLK)ss.: On the 30th day of October, 1992, before me personally came CARL A. SORANNO and DOROTHY T. SORANNO to me known to be the individuals described in and who executed the foregoing instrument and acknowledged that they executed the same. NOfY PUBLIC - 4 - DECLARATION OF COVENAITfS ~ P, ESTRICTIOI~S DIST: 1000 SECT: 073.00 BLK: 04.00 LOT: 003.000 RECORD & RETURN TO: JOHN P. SALERNO, ESQ. 110 WALT WHITMAN ROAD HIINTINGTON STATION, NY 11746 ti BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold tO requesta ~Variance~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: [~-:'~c.~c~-~ ~e~e 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 That h5 such Petition, the undersigned will request the following relief: 5. That the provisions of the Southotd TOwn Zoning code applicabi; tO the relief sought by the under- signedare Article ~,l Section [ ] Section 280-A, New York Town Law for approval of access ove~ ~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 ihe Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 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 designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Post Office Address Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Receipt for Ce;ttfi~l=Mail ~1' ~l~urance Coverage Provided il-, qeverse) tertified Fee ! Special Delivery Fee ~'~ TOTAL Pos age STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.; Sworn to before me this day of ~:~0J,C~2~, 19 Notary Public ~ , being duly sworn, deposes and says that on the ~ day of /'~u~i,~ , 19 ~, ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~'~[.-.~ ; that said Notices ~ere mailed to each of said persons by CHRISliqE E SCHADE No. 4950618 Cemelasl0n E~q~re~ May 8,19~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of to the Board of Appeals of the Town of Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (~ariance~Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: [~'_l '50,- <_ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 Thai b~ such Petiti~m, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning C,o, de appli?able to the relief sought by the under- signedare Article S~-×i~ Section (Do- z39 '~/q [~ j ~. ~ ('3~,,~.. I~o -~ [ ] Section 280-A, New York ToWn Law for approval of access over right(s)-of-way. 6. That within five da~s from the dat~e hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 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 b,e published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ?/~0 f~-~ Petitioner Owners' Na me s :~11~7 ~, Post Office Address Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 281 1D0 731 ,.Receipt for CertifTOt:l'ffVtail NO Insurance Coverage Provided (See Reverse) I ( q~-8 Date IOTAL Pocage & Fees Poslmark or Date STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ,~r~,f~,~{L-c. , being duly sworn, depoles and says that on the .?0 day of ~6~o~.~'s.~-'- ,19 ~';z- , deponent mailed a true copy of the Notice set forth on the re- verse stde hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the currer~t assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat (certified) (~) mail. Sworn to before me this c:~)~'3- day of ~, 19 q~ Notary Public ; that said Not: were mailed to each of said persons by CHRISTINE E SCHADE N0. 4gr~18 Commb~o. Exph'~ Mlly8,10~ (This side does not have to be property owners.) completed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF $OUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. That it is the intention of lhe undersigned to pet~tmn the Board of Appeals of the Town of Southold to requesta~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That b,~ such Pelith,n, the undersigned will request the following relief: 5. That the provisions of the Southold T~w~ Z0ning Code appiicabl~ ~ ~he relief souglnt by'the under- signedare ~cle ~ ~C~oni~-~,~/,~] ~rf~ ~ ~ [ ] Section 280-A, New York Town taw for approval of access ove~'rJght(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 5outhold Town Clerk's Office at Main Road 5outhold, New York and you may 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, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated Petitioner Owners 'Names Post Office Address Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRES, S P 281 100 735 Receipt for Certified Mai! No Insurance Coverage Provided STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~*~-~dl,~ , bemng duly sworn, deposes and says that on the .~ · day of ~,r~ ,19 '/ ~-- , deponent mailed a true copy of the Notice set forth on the re- verse sid~ hereof, directed to each of the above-named persons at the addresses set opposite their reSpective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the currenLassessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~o~(,~ ;that said Notices were mailed to each of said persons by (certified) (r~il. Sworn to before me this day of ~..~t.~Lq- ,19 Notary Public CHRISTINE E SCHADE I~ Pdt, Sim d Nw Y~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That, r;:...qi~i~heintenti°n°ftheundersigned to petition the Board nf Appeals of the Town of Southold to a~(Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ken.urn. /~o~ _ 3. That the property which is the subject of such Petition is located in the following zoning district: .... ]) ~L~+ ,~eo 4 That h% such Petitioo, the undersigned will request the following relief: T~ Oonst~'u. ct' in $. That the provisions of the $°uthoId Tow~oning~ode~pplicabie to'he relief SOught by the under- signed are Article Wy_jU~ Section loo-~q. 4~-~ [ ] Section 280-~, New York Town Law for approval of access over r~g~t(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 5outhold Town Clerk's Office at Main Road Southold New York and you ma), then and there examine the same dur ng regular office hours. (5'16) 7~5-'1809. 7. That befure 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 designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~w~ ~-~, Petitioner Owners 'Names Post Office Address [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ pROOF OF MAILING OF NOTIEF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 28 ~r--'~.{~.B 730 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says that on the ~-~ day of ~v~'o~,f--- ,19 f%~-- , deponent mailed a true copy of the Notice set forth on the re- verse side I~ereof, directed to each of th'e above-named persons at the addresses set opposite their reSpective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat (certified) (registered) mail. Sworn to before me this c~O'¢~ day of /~lJ.~ , 19 ~/O- Notary Public ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) %. R~/E¥ .FOR: CARL SORANNO ~ DOROTHY SORAAWO I SUFF~K COUNTY, NEW YORK ~- : ~ . .... /' /1/'/: %.¸