Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
4107
~Y APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. 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 SCOTFL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4107: Application of RENEE PELLETIER. Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct a raised wooden walkway extending from the easterly front door to the existing (southerly) side deck. The proposed walkway is five feet in width, located with an insufficient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Property: 550 Fasbender Avenue, Peconic; also referred to as combined Lots #1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097; County Tax Map Parcel ID No. 1000-67-6-4. WHEREAS, a public hearing was held on June 4, 1992 concerning the above application (filed on May 18, 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, the Board Members have personally viewed and are familiar with the premises in question, the current R-40 Zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The property in question is situated along the west side of Sound View Avenue, a private road shown on the Subdivision Map of "Bailey Park" (1932) near the Hamlet of Peconic, Town of Southold, known as referred to as Lots No. 1 5, inclusive on said map. The subject premises is also identified on the Suffolk County Tax Maps as District 1000, Section 67, Block 6, Lot 4, and contains a total lot area of 13,634 sq. ft. to 2. This parcel is improved with a new one and one-half-story frame dwelling which is set back: (a) 17.6 ft. from the front property line along Fasbender Avenue, (b) 10 feet from the northerly property line, and (c) 17.5 feet from the westerly property line. Page 2 Appl. No. 4107 Matter of RENE PELLETIER Decision Rendered June 30, 1992 3. By this application, a variance is requested to permit a walkway extension from the existing front wooden step area five feet in depth and approximately 24 feet in length, to the southerly (existing) wooden deck area. The setback proposed is shown to be 12.6 feet to the easterly (front) property line along Fasbender Avenue. 4. Article III-A, Section 100-30A.3 (and Article XXIV, Section 100-244B) requires minimum front yard setbacks for nonconforming lots at 35 feet. 5. In considering this application, the Board finds: (a) that the relief requested, and as conditionally noted below, will not be adverse to the essential character of the neighborhood; (b) that the relief granted will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the relief granted will not create a substantial increase in dwelling use density, or cause a substantial effect on available governmental facilities; (d) that the amount of relief from the requirements is minimal -- and limited to an open, unroofed deck-type walkway which is not unreasonable when considering the configuration, size and extensive street frontage of this parcel as well as its limited rear and front yard areas; (e) in considering all of the above factors, the interests of justice will be served by granting the variance, conditionally noted below. as Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to GRANT relief for a 23'10" wide raised wooden walkway, five feet in depth, as requested, extending from the front step area to the southerly existing deck area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain open and unroofed at all times, as applied; 2. That the setback not be less than 12.6 ft. to the front property line (as requested). VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk RECEIVED AND FILED,BY THE SOUTHOLD TO%VN C~i~K DATE 7/7/gk HOUR % ,~o Town Clerk, Town of Sou~h~lcl , APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before ~ne SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, New York 11971, on THURSDAY, JUNE 4, times specified below: 53095 Main Road, Southold, 1992 commencing at the 1. 7:30 p.m. Appl. No. 4107 - RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The proposed walkway is five feet in width, located with an insufficient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Property: 550 Fasbender Avenue, Peconic; also referred to as combined Lots #1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. Page 2 - Legal Not~ Hearings for June.v.4, 1992 Southold Town Board of Appeals 2. 7:35 p.m. Appl. No. 4108 - DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use," in conjunction with the single-family residency by the owner. This use is to be accessory and subordinate to the principal residential use, is for the rental of not more than three bedrooms, and is for lodging and serving of breakfast to contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property: 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, NY; County Tax Map Parcel No. 1000-74-3-11. 3. 7:40 p.m. Appl. No. 4109 - MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing front porch with an insufficient front yard setback. This parcel has a nonconforming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, NY; Cleaves Point, Section Three, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. Appl. No. 4101 - JOHN ROWAN (Property now or formerly of LUCIEN ARCAS). This is an Appeal under Article Page 3 - Legal No~ Hearings for June 4~, 1992 Southold Town Board of Appeals XXIII, Section 100-239.4 for a deck addition with an insufficient setback from the northerly property line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Extension, Southold, NY; County Tax Map Parcel No. 1000-50-2-16. 5. 7:50 p.m. Appl. No. 4111 JOH/~ G. AND MARIE ELENA BRIM. Request to Amend Variance to locate accessory tennis court partly in the front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Article III, Section 100-33, and Article XXIII, Section 100-239.4. Location of Property: Northerly Side of Private Road (extending off East End Avenue), Fishers Island, NY; FIDCO Block 18, Combined Lots IA and lB, having a total land area of 3.56+- acres in this R-120 Zone District. 6. 8:00 p.m. Appl. No. 4105 JOHN J. FIORE. A variance is requested under Article III, Section 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone District. Location of Property: 3100 Cedar Beach Road (and the westerly side of Sunset Way) at Bayview, Southold, NY; Page 4 - Legal Not~ Hearings for June 4~--1992 Southold Town Board of Appeals also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112 - HENRY AND BETT~ HINTZE. A variance is requested under Article XXIV, Section 100-244B for permission to construct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III, Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of 14,500+- sq. ft. and is located in the R-80 Zone District. Location of Property: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, NY; County Tax Map Parcel No. 1000-53-1-15. 8. 8:10 p.m. Appl. No. 4106 - LAWRENCE P. AND MARILYN HIGGINS. A variance is requested under Article XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., extending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. Appl. No. 4104 - ANTONIO VANGI. A variance is requested under Article XXIV, Section 100-244 and Article u 1992 Southold Town Board of Appeals XXIII, Section 100-239.4A for permission to construct addition to dwelling with a reduced easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcels contains a total lot area of 25,135+- sq. ft. and is located in the R-40 Zone District. Location of Property: 645 Cutchogue, NY; also referred to as Lot No. filed on March 15, 1968 as Map No. 5060; Designation: 1000-83-1-17. Glen Court, 1, Map of Vista Bluff County Tax Map 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. 11. 8:25 p.m. Appl. No. 4098 - TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Page 6 - Legal Not~ Hearings for June 4~1992 Southold Town Board of Appeals Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 12. 8:30 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October 11, 1991 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2; also known as Lot 93 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: May 18, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date. ?.'~.~./.~. ................. , 19 .~...~. ~o ~~...~~.~/~... PLEASE TAKE NOTICE th~ at your application dated ~ ................... 19 ~.~ for pe~it to~~. · ~-~~. · .~.~~ ......... a~ Location of Property h~s~ ....... ~/~~/ .......... County Tax Map No. 1000 Section ...... ~.~ .... Block .... ~ ........ Eot . .~. ......... Subdivision ................. Filed Map No ................. Lot No .................. ' ~ ' is returned hefiewith and disapproved on the following grounds.. ~..... ~d~. ~ .~..~./,. ~.~. ~.~...~..~..~..~'..,~.'~...,~. ~ ...... ........................... .................. ~ ..... ~.~... ~.~..~.~/ ~il~ng Inspector RV 1/80 FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 :nined ................ ,19... :proved ................ , 19... Permit No ............ ~approved a/c ..................................... ~KD OF HEALTH ......... 3 SETS OF PLANS .......... SURVEY ................... CIIECK .................... SEPTIC FORH .............. NOTIFY: CALL ................... HAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .................. , 19... INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets Dr areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- :ation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy hall have been granted by the Building Inspector· APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the luilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ',egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. 'lie applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to dmit authorized inspectors on premises and in buildhlg for necessary inspections ' ~ /) / /7' ,;7 7 ~2. -- (Signature of applicant, or name, if a corporation) (Mailing address of applicant) ;tare whether applicant is o~vner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ..... © ................................................................................. ~ame of owner of premises P..~ '<- -(L C F- (as on the tax roll or latest deed) f applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. ~.. <d-dg:.~.?. ............... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... · Location of land on which proposed work will be done .................................................. ...... ,.c ...................................... House Number Street Hamlet County Tax Map No. 1000 Section ./. C;' {-..C. .~. '~.. Block ...(-~ '. ............ Lot...c// .............. Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy :55 /. >' -/ /, '' e i?<.<. ..:, ...................... b. Intended use and occupancy . ....- .................. 3. Nature of work (check which applicable): New Building .......... Addition .......... Alteration .., ........ Repair .............. Removal .............. Demolition .............. Other Work ./~e.cJ..~ ....... ·. (Description) 4. Estimated Cost . ? .d,u,~v,-6.~_F...~5)'.4'C.~,. j~c.- ............ Fee . (to be paid on filing this application) 5. If dwelling, number of dwelling units ..... /." ......... Number of dwelling units on each floor ................ If garage, number of cars . ................................ , .................................... ~.' If business, commercial or mixed occupancy, specify nature and extcnt of cach type of use .................. 7. Dimensions of existing structures, if any: Front ........... Rear ........ De th Height ............... ~umber of Stories ..... ' ' ' P ............... Dimensions of same structur~ with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ......... ~ 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories ............................................... 9. Size of lot: Front . .' ..../ ·., ........ Rear ..... Denth ......... 10. DateofPurchase ~).e.<_. ~$ -, "'~-~-' ..... 5. ..... .4 , '.:- .... ', ............ .... · . - ........... ......... l'~ame oI eormer Uwner . -,~.4v/. ~'.c.e.£.~.~ C t~ 11. zone or use restrict in which premises are situated ......................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: .~22- .. 13. Will lot be regraded ,(gO _ Wil' ~ · ' :; ...................... ~ .... 70 ' '/ ..... ;1' '/~ '- ....... 1 excess Illl De removeu ~rom premises' Yes r,r^ 14. Name of Owner of premises ./ier/tx I~.ef[¢./:t fF..... Address ,-q..&~'.~.46oe2 ?~(~¥.~. Phone No.'x*/~.~ ~.,7oa.(/(.. '.~. ' Name of Architect .... *' CO5..-e. ................ Address ................... Phone No ................ Name of Contractor . ~c .'~, .-% ................ Address ................... Phone No ................ !5. Is t:his property wit:hin 300 feet: of a t±dal wetland? '~Yes ........ No ........ · I£ yes, Sour:hold Town Trust:ets Permit: may be required. ' -. PLOT DIAGRAM Locate dearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from · operty hnes. Give street and block number or description according to deed, and show street names and indicate whether .~terior or corner lot. "~<~. ~ Oe ~[~t~¢- ' /bei~ dtl sworn 'e ............................... g Y , ~ poses ana says that he is the applicant (Name of individual signing contract) ~ove named. ~' is the ................ (Contractor, agent, corporate officer, etc.) ......... said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the )rk will be performed in the manner set forth in the application filed therewith. ,'om to before me this .......... , . -"., .... :"x; ..... [ ...... , · .... ...... --- ~ ~tate or N~ Y~ / ~ ........... : .... _ .. No. ~79505 ~ ¢ ~aturc of apphcant) TOWN OF SOUTHOLD, NL~/ YORK Soutkold Town Cledc (I APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (We)...~.~..~.~..~...~:/./.~:.6..~.C-- -----' ' ............... of ............... ~'~ ../.(~i..:~,....~.~..~,~'--,' ' ........................... ' Nome of Appellant Street and Number ............ ................................................................. ....... HEREBY APPE. AL TO M!~nicipoJity Stat~ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Nome of App[icont for permit ) PERMIT TO USE ) PERMIT FOR OCCUPANCY a7 1. LOCATION OF THE PROPERTY, .~..4~.~.<P...,~..~./.~.....~...//~.~..~..~..~.../..C.. .............. 4..~...q..O. ....................... Street /Hamlet / Use District on Zoning Map District 1000 Section Block/ Lot Z./ . . , .......................................... ~ .......... /_..currenc Owner ~en<-~ . . . Mop No. /O00-ET-O~' -~- ~/~ Prior Owner ~_c'l m-o~st~(,, 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the A~ticle Section, Sub- section ond Porograph of the Zoning Ordinonce by number. Do not quote the O~dinonce.) Arti cl e --~'-- Section 3. ~PE OF APPEL Appeal is made herewith for (please check appropriate box) ( ~ A VARIANCE to t~e ~ning O~di~nce o~ Zoning Map ( ) A VARIANCE due to lack of access (State of New York T~n Lm~ Chap. 62 Con~. Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal h(_b~s) (has not) been made with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( ) request for o special permit ~ >~ request for o variance and was mode in Appeal No...~.~.f./...?~. ............... Doted /Z'..~. i;J~.. REASON FOR APPEAL ( )/A Variance to Section 280A Subsection 3 (1~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEA~ Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because vicinity of this The hardship created is UNIQUE and is not shared by all properties alike in the immediate 2roperty and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISI RICT because STATE OF NEW YORK ) ~ ~ ) ss COUNTY I,t > TOWN OF $OUTHOLD' PROPERTY ,..~FORMER OWNER N R~S. ~/O [s~s. ~ -'VL~ ~ ~CO~. C~. ~,sc. ,2 7~ .... l:': ....... ,,,' ,.~ TYPE OF BUILDING Mkt. Value LAND AGE FARM Tillable 1 Tillable' 2 Tillable 3 Woodland Swampland Brushland House Plot Total NORMAL Acre TO*ALDA*E i REMARKS 'J~/, ~. BUILDING CONDITION ~/10/~ -~ '~ONS~. 0~ ~ ;/~ ~/u~/; ' ~. BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR TRIM ~4~/~.B~ldg4~j SS X~-~ '- ~c~ ~.~o ~o5~ Foundation ~C, Bath Z ~ Dinette Extension Basement ~ t~ Floors ~ ~ K. m Extension .... Ext. Walls V~ e~ Interior Finish LR. Extension Fire Place ~ Heat ~ ~ DR. Type Roof Rooms 1st Floor BR. ~ Porch Recreation Roon Rooms 2nd Floom Z~ ~ FIN. B. Porch Dormer ~rage Patio ' ' ~0. B. T~tal · ~o~ 7 / LOT iI-'~ ~Or ~ LOT SURVEY OF ~0 LOTS 1, 2, 3, " ~. 4 & 5 1097 MAP OF "BAILEY PARK" F/LED SEPTEMBER 2~, 19,~2 FILE NO. A T PECONIC 'TOWN OF SOUTHOLD - SUFFOLK COUNTY, N .. 1000 .- 6Z-~_- 06_ -_ 04 Scale 1" = 30' Aug. 1, 1989 Sept. 18, 1989 (found. loc. ) JAN 23, 1990 (FINAL) SUFFOLK COUb~TY DEPARTMENT OF HEALTH ~RVICE,S D;,T~J~?_ ~ 6 lggO,,i'~ -.r_f, ~. gt ,.,So LOT ~ ,~. '\ PECONIC HOMES SEC[ 2 MAP # 5001 AREA = 13,834 sq. ft. BOM #88-S0-155 / MAIN ROAD $OUTHO~D. FlCl _ .qRq APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 7, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Ms. Renee Pelletier P.O. Box 263 Peconic, NY 11958 Re: Appl. No. 4107 - Variance for Raised, Open Walkway Dear Ms. Pelletier: With reference to the above application, please find attached a copy of the Board's findings and determination rendered at our June 30, 1992 Regular Meeting. Please be sure to return to the Building Department before commencing construction activities. We have also this date transmitted a copy of the decision to the Building Department for their permanent records. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department 9TS 2, ~ Lc 1, 3, ~" ~. 4 & 5 "'~ MAP OF "BAILEY PAt?K" FILED SEPTEMBER 26, 1S$2 FILE NO. 1097 - A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. - 6Z~-06 _-_ 04 ~°°°sc~/e- ~" - 30' Aug. 1, '1989 Sept. 18, ~989 (found. loc. ) JAN 23, 1990 (FINAL) SUFFOLK COU~'ITY DEPARTMENT OF HEALTH ~ERVICE~ .. SINGLE FA~'Lv OWELL)NG ONLY ~ ~. D..,T~_A_~_ 2 $ 1990:~ :~F.,~O. Y,E $0 /SS PECOMC HOMES SECT. 2 MAP ~ 5001 AREA = 13,634 sq. fL B.Q/~ #88-S0-T55 S. UC. NO. 49688 ;P. O. BOX 909 /' MA~I ROAD SOUTHOLD, NY. ~I~71 R.cl _ .qR.q BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of The Town Law and the Code of the Town of Southold, the following 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, June 4, 1992, com- mencing at the times specified below: ~ f I. 7:30 p.m. Appl. No. 4107- RENEE PELLETIER. This is an Appeal of the May 14, 1992 N. otice of Disapproval issued by the Building Inspector for a Variance to the Zoning Or- dinance~ Article XXIV, Section 100-244B for permission to con- struct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The pro- posed walkway is five feet in width, located with an insuffi- cient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Pro- perty: 550 Fasbender Avenue, Peconic; also referred to as com- bined Lots No. 1 to 5, inclusive, Map of Bailey Park filed ..D9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. 2. 7:35 p.m. Appl. No. 410~~- ANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinancd, Arti- cle III, Section 100-30B(16) for permission to establish a "Bed and Breakfast UsC' in conjunc- tion with the single-family residency by the owner. This use is to be accessory and subor- dinate to the principal residen- tial use, is for the rental of noah- more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property; 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconie~ N.Y.; County Tax Map Parcel No. 1000-74-3-11. 3.7:40 p.m. AppL No. 4109- MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III- A, Section 100-30A.3 for per- mission to construct deck addi- tion to existing front porch with an insufficient front yard set- back. This parcel has a noncon- forming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, N.Y.; Cleaves Point, Section Three, LOt No. 79; County Tax Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. Appl. No. 4101- JOHN ROWAN (Property now or formerly of LUCIEN AR- CAS). This is an appeal under Article XXIII, Section 100-239.4 for a deck addition with an in- sufficient setback from the nor- therly property line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Exten- sion, Southold, N.Y.; County Tax Map Parcel No. 1000-50-2-16. 5. 7:50 p.m. Appl. No. 4111- JOHN G. AND MARIE ELENA BRIM. Request to Amend Variance to locate ac- cessory tennis court partly in the/o front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Ar- ticle Ill, Section 100-33, and Ar- ticle XXIII, Section 100-239.4. Location of Property: Norther- ly side of Private Road (exten- ding off East End Avenue), Fishers Island, N.Y. ; FIDCO Block 18, Combined Lots IA and lB, having a total land area of 3.56+ acres in this R-120 Zone District. 6. 8:00 p.m. Appl. No. 4105- JOHN J. FIORE. A variance is requested under Article III, Sec- tion 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone district. Location of Pro- perty: 3100 Cedar Beach Road (and the weste]l~l~ide of Sunset Way) at Bayview, Southold, N.Y.; also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112- HENRY AND BETTY HINT- ZE. A variance is requested under Article XXIV, Section 100-244B for permission to con- struct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article Ill, Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of 14,5004- sq. ft. and is located in the R-80. Zone District. Location of Pro~)~ perry.~ Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, N.Y4 County 'Pax Map Parcel No. 1000-53-1- 15. 8.8:10 p.m. Appl. No. 4106- LAWRENCE p. AND MARILYN HIGGINS. A variance is requested under Ar- ticle XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., ex- tending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupron Road, Mattituck, N.Y.; County 'Pax Map Parcel No. 1000-115-I1-16. 9. 8:15 p.m. Appl. No. 4104- ANTONIO VANGI. A var- iance is requested under Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4A for permission to construct ad- dition to dwelling with a reduc- ed easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcels con- tains a total ara of 25,135 4- sq. ft. and is located in the R-40 Zone District. Location of Pro- perty: 645 Glen Court, Cut- chogue, N.Y.; also referred to as Lot No. 1, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Tax Map Designation: 1000-83-1-17. 10. 8:20 p.m. AppL No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing . bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Grcenport, N.Y.; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. 11.8:25 p.m. Appl. No. 4098- TONY AND MARIA KOSTOULAS. {Hearing is reopened and continued from the May 7, 1992 concerning an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for ap- proval of deck extension {at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Aquaview Avenue, East Marion, N.Y.; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 12. 8:30 p.m. Appl. No. 3975- ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October 11, 1992 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquaealtural use falls within the purview of the agricoltuml use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and con- tains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, N.Y.; County 'lAx Map Parcel No. 1000-69-5-13.2; also known as Lot No. 3 of the Minor Subdivi- sion of Judith T. Terry approv- ed by the Southold Town Plan- ning Board 10/1/79. 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- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: May 18, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski ·" ~ 1X-5/28/92(81) COUNTY OF S'['A'I'I:. OF N[:_'~ORK ss: Patricia Wood,' being duly sworn, says that si~e is t Editor, of THE LON.G ISLAND TRAVELER.WA'rCIfMA a public newspaper printed at Southold, in Suffolk Coun and that the notice of which the annexed is a printed co I',m; I~een i',td~lished in said Long Island '~'ravel,..'~)Walchn once ('ach week for. .......................... / we successively, commencing on the ................... clay or. ....... ./~'~'. ', .~.7. ..... ~9. .%',¥¢~rn Io hefore n',e this .. .................... cla,~ Notary Public BARBARA A. SCHNEIDI NOTARY PUBLIC, Sl'~te o[ Ne No. 4,q06846 Qualified in Suffolk Cot)l Commission Expires o°/3 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. 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 TO WHOM IT MAY CONCEPaN: 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 TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, JUNE 4, 1992 Board Members Present: Chairman, Gerald P. Goehringer Members: Doyen, Grigonis, Dinizio, Villa Secretary for ZBA: Linda Kowaiski, and 25 persons in audience Appeal # 4107 Applicant(s): Renee Pelletier Location of Property: 550 Fasbender Avenue, Peconic County Tax Map No.: 1000-67-6-4 The Chairman opened the hearing at 7:32 p.m. and read the Notice of Hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey indicating an existing one and one-half (1 1/2) story frame home, somewhat crowded toward the most or the greatest width of the property, which is right at the end of the road. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard on this application? I had absolutely no problems with my voice before I walked in here, for some strange reason I must have run into some ragweed or something on my way in. And now it is breaking up. This is the first application of the evening, Renee Pelletier. Could I ask you to use the mike here. RENEE PELLETIER: There is nothing much more to say. CHAIRMAN GOEHRINGER: You never know, we may have another McDonald's hearing or something. You may want to come up and you know and voice your opinion in front of two hundred and fifty (250) people so. RENEE PELLETIER: I don't think so. CHAIRMAN GOEHRINGER: You don't think so. You have a partially constructed deck, which I had seen. RENEE PELLETIER: Oh, you did, you have been down there. CHAIRMAN GOEHRINGER: it. Yes. And what do you want to tell us about RENEE PELLETIER: Nothing. Except that I would like to build more right in there just to make the house look prettier. Page 2 Public Hearing Southold ZBA_ 6/4/92 CHAIRMAN GOEHRINGER: Okay, that is extending from your front stoop to the deck on the opposite side, which is on the south side or so on the property. Okay, and the deck is five by ? ( 5 x ?) approximately? RENEE PELLETIER: The walkway. CHAIRMAN GOEHRINGER: Yea. I just don't have a distance in there, that is reason why I asked the question. RENEE PELLETIER: I never put it in. CHAIRMAN GOEHRINGER: Okay. You know what you do, if you wouldn't mind, would you just measure it for us and give us a call. Just run a tape on it and tell us how long it is. Now the elevation of that is approximately the height of the stoop, is that correct? MS. PELLETIER: Oh, well yes, if you walk on the front stoop, but I have a copy and big boulders and that sort of slopes. It is built lower to the ground actually toward the... CHAIRMAN GOEHRINGER: Toward the deck area on the south side, the south side of the house. You are doing great. This will remain opened and will never be roofed or anything of this nature. It is very simply a variance to connect these two. on MS. PELLETIER: Right. There will be a fence, you know a rail going. CHAIRMAN GOEHRINGER: A rail going, right. Okay, I thank you very much. I was hoping to get my voice back. Is there anybody else who would like to speak in favor or this application? Anybody like to speak against this application? Questions from Board Members? Hearing no further questions, I will make a motion closing the hearing, reserving decision until later. by ~ zu oc~ ~fz, Lorraine A. Milierl~' (Transcribed by tapes recorded 8/4/99..) End of hearing. Informal discussion with Ms. Pelletier Page 3 Public Hearing Southold ZBA 6/4/92 CHAIRMAN GOEHRINGER: Thank you so much for coming in, we will have a decision for you right after you give us that measurement. Is that alright? It is nothing I can do tonight, just call us within the next few days. MS. PELLETIER: It is probably twenty-two (22) feet, but I don't know exactly. CHAIRMAN GOEHRINGER: I have nineteen on the original back of the building permit, but I don't know if that is from the corner of the house, or if that extends all the way to the existing thing that you have over there now, that is the question. And rather than be inaccurate, we would rather be accurate. Okay, thank you. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD · June SCOT'FL. HARRIS Super~sor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 4 , 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4107 Project/Applicants: County Tax Map No. Location of Project: Renee Pelletier 1000-67-6-4 550 Fasbender Ave., Peconic, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct a raised wooden walkway extending from the front ~oor to the existing side deck. The propsed walkway is five feet in width, located with an insufficient front yard setback. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of $outhold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk May 18, 1992 ZONING APPEAL APPLIC. #4107 - RENEE PELLETIER Transmitted herewith is Zoning Appeal Applic No. 4107 - RENEE PELLETIER together with the Notice to Adjacent Property Owners, the Questionnaire from the Board of Appeals, the Short Environmental Assessment Form, the Notice of Disapproval from the Building Department and a survey map of the property. Judith T. Terry Town Clerk 617.21 Appendix C State Environmenta! Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 5. IS PROPOSED ACTION: 6. DESCRIBE PROJECT BRIEFLY: 9. WH T IS PRESENT LAND USE IN VICINITY OR PROJECT? ~.~e$idenBal [] Industrial [] Commercial [] A§rlCuRure [] Par~ForesuODe. space ~ Other SEQR I CERTIFY THA/~ THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Dale: I! the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before procoed[ng with this assessment I OVER I '(Continued on reverse side) The N.y.s' Environmental Quality Review Act reauires submission of this form, and an envzronmental revzew w~li be m~ae by th~s ~oara before any action is taken. INSTRUCTIONS: -- (a) In order to answer the ques%ions in this short EAF it is assumed that the preparer will use currently available information COncerning the project and the likely impacts of the aotion. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any ~uestion has ~ .... n~wej~- .. nificant and com~ieted E~viron~a~'~sses~m~ uhe pro]ect may be sig- 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 unicue or u/%U~ual land form on the site? ' __Yes 3. Will project alter or have a larg~ effect on an existing body of water? / 4. Will project have a potentially large impact on gr0undwa~er quality? / _ Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plan~ or animal species? - Yes ~ NO 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 paleontological importance or any site designated as a critical envircamental area by a local agency? Yes 10. Will project have a m~jor effect on existing or '/No future recreational opportunities? ___Yes 11.Will project result in major traffic problems or cause a major effect to existing transportation .' ' systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes 13. Will project have any impact on public health 14. Will project affect the existing community by directly CaUsinq 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 t 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 ~neir interests: (Separate sheet may be, attached.) B. Is the su~bject premises listed on the real estate market ~or - sale3wor being shown to prospective buyers? { } Yes {~/} No. (If Yes, p]~e a~h copy af "conditinns" of sale.) C. Are there ~!~ruposals tu =hange ~r alter land cuntcu=u? { } Yes 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 bulkheaded between the wetlands area and the upland building area? 4. If your property contains w~tlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ^/~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~as which ewg~t~nd are not shc~n on the survey map that you submitting? ~Cm~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~, ~ If yes ~eas~ -~-~ ~ -- ~z your building permit and ~ap as approve.~ by the Building uepartment. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~iQ If yes, please explain where or submit copies of deeds. I. Please list present, use or operations conducted at this parcel and proposed use ~utaorized .S~gnatUr~ ah~ 3/87, 10/901k § 97-13 WETLANDS § 9%13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southotd. [Added 6-5-84 by L.L. No. 6-1954] 'WETL:LN'DS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by_,L.L. N~. ~.1985~: '-f~- ', ' '.' · · ' ~I'DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with. or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited tn banks. bogs. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (? All banks, bogs. meadows, fists 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, t~ll cordgrass, high bush. cat.ils, grounclsel, m~'shmaHow a~d lnw (3) All land immediately =djacent ~o 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. Bo FRESHWATER WETLANDS: (I) "Freshwater' wetlands" as defined in Article 24. Ti- tle 1. § 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 ~'- .~s. ss NG ISLAND SOUND po~d R--80 '~"*' / (~ COUNTY OF SUFFOLK ,o,.c~ SOUTHOLD ~ J .... ~ReaP Properly Tax Service Agency O67 ."~' J J (~) COUNTY OF SUFFOLK ,~ SOUTHOLO ~,b J' ...... ~ Real Property Tax Service Agency ...... APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD AGENDA REGULAR MEETING THURSDAY, JUNE 4, 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 7:15 p.m. Work Session 7:30 p.m. Regular Session I. PUBLIC HEARINGS: 1. 7:30 p.m. Appl. No. 4107 - RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued bythe Building Inspector for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The proposed walkway is five feet in width, located with an insufficient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Property: 550 Fasbender Avenue, Peconic; also referred to as combined Lots #1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. 2. 7:35 p.m. Appl. No. 4108 - DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use," in conjunction with the single-family residency by the owner. This use is to be accessory and subordinate to the principal residential use, is for the rental of not more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property: 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, NY; County Tax Map Parcel No. 1000-74-3-11. 3. 7:40 p.m. Appl. No. 4109 - MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing front porch with an insufficient front yard setback. This parcel has a nonconforming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, NY; Cleaves Point, Section Three, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8. Page 2 - Agenda of June 4, 1992 Regular Meeting and Hearings Southold Town Board of Appeals 4. 7:45 p.m. Appl. No. 4101 - JOHN ROWAN (Property now of LUCIEN ARCAS). This is an Appeal under Article XXIII, Section 100-239.4 for a deck addition with an insufficient setback from the northerly property line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Extension, Southold, NY; County Tax Map Parcel No. 1000-50-2-6. 5. 7:50 p.m. Appl. No. 4111 - JOHN G. AND MARIE ELENA BRIM. Request to Amend Variance to locate accessory tennis court partly in the front yard .and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Article III, Section 100-33, and Article XXIII, Section 100-239.4. Location of Property: Northerly Side of Private Road (extending off East End Avenue), Fishers Island, NY; FIDCO Block 18, Combined Lots iA and lB, having a total land area of 3.56+- acres in this R-120 Zone District. 6. 8:00 p.m. Appl. No. 4105 - JOHN J. FIORE. A variance is requested under Article III, Section 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone District. Location of Property: 3100 Cedar Beach Road (and the westerly side of Sunset Way) at Bayview, Southold, NY; also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112 - HENRY AND B~TTY HINTZE. A variance is requested under Article XXIV, Section 100-244B for permission to construct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III, Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of 14,500+- sq. ft. and is located in the R-80 Zone District. Location of Property: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, NY; County Tax Map Parcel No. 1000-53-1-15. 8. 8:10 p.m. Appl. No. 4106 - LAWRENCE P. AND MARILYN HIGGIN$. A variance is requested under Article XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., extending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupron Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. Appl. No. 4104 - ANTONIO VANGI. A variance is requested under Article >XXIV, Section 100-244 and Article XXIII, Page 3 - Agenda of June 4, 1992 Regular Meeting and Hearings Southold Town Board of Appeals Section 100-239.4A for permission to construct addition to dwelling with a reduced easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcels contains a total lot area of 25,135+- sq. ft. and is located in the R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; also referred to as Lot No. 1, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Tax Map Designation: 1000-83-1-17. 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. 11. 8:25 p.m. Appl. No. 4098 TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 12. 8:30 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October 11, 1991 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-!3.2; also known as Lot #3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79. II. DELIBERATIONS/DECISIONS carried over from last meeting: A. Appl. No. 4080 - GEORGE AND SUE TSAVARIS. Variance for approval of satellite antenna within 100 feet of the bluff line along the L.I. Sound. 2170 The Strand Way, East Marion. Pebble Beach Lot #111. Page 4 - Agenda of June 4, 1992 Regular Meeting and Hearings Southold Town Board of Appeals III. SEQRA Determinations for hearings on the following applications: A. Renee Pelletier - Raised wooden walkway, Peconic. B. Daniel and Pamela Tuthill - Unlisted action. C. Margaret Leahy - Type II. D. Lucien Areas (John Rowan). Type II. E. John and Marie Brim. Type II. F. John J. Fiore. Type II. G. Henry and Betty Hintze. Type II. H. Lawrence P. and Marilyn Higgins. Type II I. Antonio Vangi. Type II. J. Thomas Coffin. Type II. IV. DELIBERATIONS/DECISIONS on tonight's hearing appropriate (noted above at III {A-J}). Type II. applications, where V. CALENDARING OF THE FOLLOWING APPLICATIONS FOR TUESDAY, JUNE 30, 1992 AND ADVERTISING IN THE L.I. TRAVELER-WATCHMAN, INC.: A. Appl. No. 4100 - THOMAS J. McCARTHY (Contract Vendee); {Owners: Frank Majeski and Others}. This is an Appeal for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of insufficient lot area, width and depth of parcels proposed in this four-lot minor subdivision, each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk; Parcel ID No. 1000-117-7-8. This property is zoned R-40.' B. Appl. No. 4091 - EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31 A & B, requesting permission ko change use of a portion of the subject premises, from residential to non-residential. Location of Property: North Side of Main Road (State Route 25), at Arshamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Parcel Identification Nos. 1000-56-4-24 & 19 (combined as one parcel). C. Appl. No. 4098 - TONY AND MARIA KOSTOULAS. Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Aguaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. D. CELLULAR ONE (METRO ONE). Applications No. 4022 and 4023 for transmission tower at the corner of the W/s Elijah's Lane and N/s Main Road, Cutchogue (Property of William J. Baxter). Sou hold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 119'71 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3452 Application Dated January TO: Mr. Paul Forestieri 300 East 54th Street New York, NY 10022 9, 1986 (Public Hearing March 13, 1986) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held.on April ]6, 1986, the above appeal was considered, and the action mndicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article I{I , Section ]00-3], Bulk Schedule [ ] Request for Application of PAUL FORESTIERI for Variances to the Zoning Ordi- nance, Article III, S~ction ]00-31, Bulk Schedule for permission to locate new dwelling with insufficient front and rear yard setbacks. Location of .Property: East End of Soundview Avenue.(South End of Fasbender Avenue), Peconic; Bailey Park Subdivision, Lots l, 2, 3, 4, 5; County Tax Map Parcel No. 1000-67-06-004. WHEREAS, a public hearing was held and concluded on March 13, in the Matter of the Application of PAUL FORESTIERI under Appeal No. 3452; and l 986, WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted for the record that no public opposition has been received; and WHEREAS~'%he board members have personally viewed and are familiar with the premises in question, as well as the surrounding area in this Residential and Agricultural Zoning District; and WHEREAS, the board made the following findings of fact: l. The property in question is situated along the west side of Sound View Avenue (a private road), in the Hamlet of Peconic, New York, is known and referred to as Lots 1 to 5, inclusive, Subdivision Map of Bailey Park (1932), and is identified on the Suffolk County Tax Maps as District lO00, Section 67, Block 6, Lot 4. 2. The premises as exists contains a total area of 13,400± ftc, road frontage of 295.8 feet, and depth at the deepest angle the north) of 83.8 feet. The premises is presently vacant. sq. (to 3. By this application, appellant requests approval of the placement of a new single-family dwelling with an insufficient front- yard setback at not closer than 17'6" from the easterll property line along Sound View Avenue (a paper road) and with an jnsuffici6nt DATED: May 13, 1986. CHAIRM2kN, SOUTHOLD TOWIq OF APPEALS Form ZB4 (rev. 12/81) ZONING BOARD Decision Rendered April 16 · 1 986 rearyard setback at not closer than 17'6" from the westerly property line. The proposed dwelling will be set back not closer than 15 feet from the northerly (side) property line. The depth of the proposed dwelling at the southerly end is 17'6" and at the northerly end 22'6", more or less. 4. It is the opinion of the board that the appellant has chosen the most feasible location of the proposed dwelling and has requested the absolute minimum relief under the circumstances. The unusual shape and character of this parcel lends to the practical difficulties in this case, and the board agrees fully with applicant's reasoning. Ih considering this appeal, the board finds and determines: (a) that the relief requested is the minimum necessary under the unique circumstances of the lot in question; (b) that the granting of the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, com. fort, convenience and order of the town; (c) the information submitted is sufficient to Warrant a granting of the variance requested; (d) the practical difficulties are unique; (e) in denying the relief requested, the interests of justice would not be served; (f) there is no other method feasible for appellant to pursue other than a variance. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the relief requested in the Matter of the Application of PAUL FORESTIERI under Appeal No. 3452 for placement of new single-family dwelling with an insufficient frontyard setback at 17'6" and insufficient rearyard setback at 17'6", BE AND HEREBY IS GRANTED AS APPLIED, SUBJECT TO THE FOLLOWING CONDITION: - That there be no further front or near yard setback reduc- tions to less than 17'6" in the future. Vote of the Board: Ayes: Douglass, and Doyen. (Member resolution was duly adopted. Messrs. Goehringer, Grigonis, Sawicki was absent.) This lk Meeting Date: June 4, 1992 Appeal No. 4107 Members Absent, if any: Applicants: Renee Pelletier Relief requested and kocation:Construct raised wooden walkway from front door to existing deck Insufficient front yard setback 550 Fashbender Ave. Charles Serge James Gerard Robert Pec0nic Grigonis Doyen Goehringer ¥ i 11 a 67-6-4 . Resolution made by: ( Seconded by: ( ACTION: ( ) ;%pprove as applied ( ) Deny as applied ( ): Deny without prejudice ( ] Deny Dinizio ') (-) ( ) ( )' ( ) ) ( ) ( ) ( ) ( ¥/ithdrawn ;¥ithout Prejudice as requested Approve with the following Conditions: [2] '[3] Subject to County Planning Referral Subject to Planning Board approval Subject to D.E.C. 'JO [ ] This Vari Special Exception criteria appl~cof two ye Prior application conditions applical[ ] NOTES: [ ] VOTE OF THE BOARD: ance is temporary for a maximum period ars, EXCEPT where the prooosed subdivision has been finalized by all agencies and the parcels have been transferred by dee~ or other legal conveyance to reflect the subdivi_ Sion lines accordingly. a building permit has been properly issued and construction commenced · within this limited two-year period. Ayes: ( ) CC Nays: ( ) CC Abstain: ( ) CC Absent: ( ) CC ( ~esolution Was passed: ( ) unanimously Zesolution was not passed: ( ). -his application was recessed until ) SD ( ) JD ( ) CC ( ) RV ) SD ( ) JD ( ) GG ( ) RV ) SD ( ) JD ( ) CC ( ) RV ) SD ( ] JD ( ) GG ( ) RV ( · ) by majority vote BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southnld TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That.~l is ~t_~ intention of the undersigned to petition the Board nf Appeals of the Town of Southold to request z~ariance~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the pro,~._e/ty whic~ is the subject of the Petitio_~n is located adjacent to your p~operty and is des- 3. That the property which is the subject of such Petition is located in the following zoning district: 4' That h~, such Petitinn, thc undersigned will request the foliowipg relief: ~ ~.~;'-- '~00..7/'' ' $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you 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. Petitioner Owners 'Names: proposal be attached: f:gr convenience [Copy of sketch or plan showing to purposes.] OF NOTICE I RECEIPTS -~300, June 1990 P &95 938 283 ~_. Certified Mail Receipt .,~' No Insurance Coverage Provided e for [nlernational Mail Special Delivery Fee ~AL Postage~O~. ~ 066[ aunt '00Bi; STATE OF NEW YORK ) COUNTY OF SUFFOLK) /',~/')'~l~ ,/b/M,- //~-c~'''~ , being duly sworn;'-dcposes and says that on the /rff' day of ,/~//~ L/¢ / , 19 __z~_~z~, deponent mailed a true copy of the Notice set forth on the re- verse side t~e/eof, 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 roU of the Town of $outhold;that said Nolices were mailed at thc United States Post Of- rice at S,~ ~,~ ~ e~/~ .; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to be,fore me this /(~7' ,~ day of~.-.. ~ , 19 '~ '~ . (JNotary Public JOYC~ M.W 2246, Suffelk Term F.,qatr~ June (This s~de does not have to be completed on form transmitted to adjoining property owners.)