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HomeMy WebLinkAbout4114 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4114. Upon Application of 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, Kot 111; Parcel ID No. 1000-30-2-53. WHEREAS, a public hearing was held on September 10, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application appealing a Notice of Disapproval issued on April 1, 1992 by the Town Building Inspector on the grounds that the subject "accessory deck...is less than 100 feet from the bluff," and requesting a setback variance under Article XXIII, Section 100-239.4 for approval, as exists. 2. The premises is known as Lot No. 111 on the "Map of Pebble Beach Farms" and is improved with a single-family, two-story dwelling with porch situated at 55-1/2 feet from the closest distance to the top of the bluff line and located 100 feet from the average top of bluff shown on the filed subdivision map. Also existing at the premises is the subject antenna dish structure, barbeque "burner," play area and (subject) deck landward of the top of the bluff. There are steps sloping down the bluff to the beach area at the bottom of the bluff. 3. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of 'Page 2 - Appl. No. 4114 Matter of GEORGE TSAVARIS Decision Rendered September 10, 1992 shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 4. Correspondence dated June 18, 1992 has been received from the office of the Town Trustees confirming that the subject deck is beyond their jurisdiction under the Coastal Erosion Hazard Ordinance adopted in November 1991 (Ch. 37) and the Town Wetland Ordinance (Ch. 97). 5. The applicants have indicated that they have communicated with the N.Y.S. Department of Environmental Conservation and have been assured that the structures are not in violation of the permit issued August 18, 1989 under DEC No. 10-89-0394. 6. For the record, the following additional information is noted: (a) the height of the accessory deck is approximately 18 inches from ground to top of deck, and the posts are approximately four ft. deep in the ground; (b) the diameter of this deck is 25 feet, and there is an outer stairway with three steps from ground level; (c) there are cedar trees existing along the easterly side property for screening purposes -- additional screening would limit waterviews for the property owner and adjacent property owners; (d) this application is strictly for the accessory deck at the top of the bluff stairs and is not and will not be physically attached to the house or any other structure. 7. It is the position of this Board that in considering this application: (a) the relief requested is in this application is not substantial in relation to similarities existing generally in the neighborhood and along the Long Island Sound bluff; (b) stairs and platform/deck areas are necessary to gain access to the beach and water area below the bluff for which N.Y.S. Department of Environmental Conservation approval was issued; (c) it is not uncommon for parcels along the Sound bluff to require variances for a minor accessory structure or stair accessways within 100 feet of the bluf; ~Page 3 - Appl. No. 4114 Matter of GEORGE TSAVARIS Decision Rendered September 10, 1992 (d) prior to the enactment of Section 100-239.4 (previously 100-119.2 under the old zoning code) {Spring 1985}, Notices of Disapproval and/or building permits were not issued by the Building Department and therefore no appeal process was followed for variances under this provision of the zoning code; (e) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, nor will it prevent neighboring properties from enjoyment of their properties; (g) there is no alternative feasible for appellants to pursue other than a variance; (h) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (i) the variance will not cause a substantial effect on governmental facilities; (j) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. 8. Upon inspection, it is was noted that the bluff is heavily vegetated, some of which is weed growth. There are shrubs, tree and viney growth throughout the bluff face. The yard shopes south towards the dwelling and is well vegetated in turf grasses. The bluff areas for this property and other properties to the east and west have no toe stabilization. It does not appear tht the high tide reaches the toe area of the bluff. In the event bare spots should become visible, then they should be planted to 'Cape' American beachgrass, making sure not to disturb any other existing vegetation as per report of the Suffolk County Soil and Water Conservation District Office dated July 29, 1992. 9. For the record, it is noted that this determination shall not affect the validity of, or more stringent requirements by, other agencies (Town Trustees, DEC, etc.). Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was 'Page 4 - Appl. No. 4114 Matter of GEORGE TSAVARIS Decision Rendered September 10, 1992 RESOLVED, to grant the relief as requested under Appl. No. 4114 in the Matter of the Application of GEORGE TSAVARIS, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no adverse physical disturbance to or close to the bluff areas; 2. That there be no change in location or structural modification of the existing sun deck -- deck shall remain the sable o 3. That there be no canopy or roof; 4. That there be no pole lighting (only shaded fixtures when needed for lighting-safety purposes). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen, and Villa. This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CI.F. RK DATE ~/~HOUR / /~ 79 Town Clerk:, Town of Sou'~hold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Do~en, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Superwsor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-I823 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 KATHRYR 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 Notic__ Rearings 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 th~'~ong 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 b3 the Town of Southold; County Tax Map Parcel No. 1000-65-1-17. (5) 7:55 p.m. Appt. No. 4121 - FLOYD KING and ISLAND'S END GOLF CLUB. Variance to the Zoning Ordinance, Article III, Page 3 Legal Noti~j 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. i000-35-2'-1. This property is zoned R-80 Residential. (6) 8:00 p.m. Appl. No. 4114 - GEORGE TSAVARIS. A Variance the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck area as exists at the ~op of bluff stairway along the L.I. Sound. Lane, East Marion, NY; Lot 111; Parcel ID No. Location of Property: 2i70 The Strand Pebble Beach Farms Filed Map No. 6266, 1090-30-2-53. to (7) 8:05 p.m. Appl. No. 4119SE - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant)° Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to'the proposed new car sales establishment for the sale and/or lease of used Parcel No. id) accessory as a new car 7655 Main Road vehicles; (c) outside display of vehicles, office use incidental to the new principal use sales establishmenu. Location of Property: (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map 1000-122-06-30.1 (prey. 30). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the Page 4 Legal Noti~ Hearings for September 10, 1992 Southold Town Board of Appeals please call 765-1809 or visit Dated: August 31, 1992. 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. Por more information, our office. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: L.t. Traveler-Watchman, Inc. Times-Review, Inc. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ?' Date ..................... 19 ?..~. To ~/~... Z'~.., .~...~ ~ ~ ~ . ..~.~ .~.~.~ ..... ~ ..... .. .... ~z~ ~~----~ ~~,~' .................... , .... for ~e~it to .. .~.~~ .................... ~ ~ Location of Property ~ / 7~ ~ .~~~ ~..~ ..... County Tax Map No. 1000 Section ..... ~.~ ..... Block ...... ~ ....... Lot .. ~ ....... . Subdivision ................. Filed Map No. : ............... Lot No. ~ · ~..~... ~...z~ .... ~..~.~~ , ~ ~ _~"~' .; ...... .....~~~~ ............ ~ .... ~.~.~~.~.~~ · ~..~~ ......................... ~ ........ z ...... ~. .... ~:X ..... ~~'...~..~~.~..~~ ~... ~. :/~~. ~..y~~ .~...~... · -~.~~~..~~~ ................. RV 1/80 RECEIVED Town OF SOUT.O,D, N~W JUN APPEL FROM DECISION OF BUILDING iNSPE~OR APPEL NO. DATE ........ TO THE ZONING DOARD OF APPEALS, TOWN OF SOUTHOLD~ N. Y. ~ame of Appeiio~t ......... Steer and Number .............. · ~---~-~ ~ ~-"~-.: ....................................... ~.~ ............. ~.Y M~i~iDo~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DA'FED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (l~ame of Applicant for permit of . ~ , .~.i~.D.......q~.~...~.~.,c~....L..~.~.......z..:.~mm...~...~.:~,...! .t.~.~ Street and Number Municipa ity ~' State ..... PERMIT TO USE PERMIT FOR OCCUPANCY ( ( ) ~. uoc^T~ON OF THE PROPERW~S.t~_.. ,.. ~,.t~...L~ . ~....~,,~.~ ~,r~mlet / Use D~stnct on Zoning Map District 1000 Section~(DB10ck ~Z~L0t e~o ..................................... - ................ ..~.,~.Current Owner (~e-o~n~ i--~&~ ~<~x/~v~t_~ Map No. 'Lo~ No. Prior Owner (~ 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section adz~ Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Articl~ Section [(~') .,--'Dj~,~c~,.,i~ ~ 3. //TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (VI A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 6~ Cons, Laws Art. ]6 Sec. ?80A'Subsection 3 () 4, PREVIOUS APPEAL A previous appea been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request far a special permit [ ~)"~c~uest for a variance and was made in Appeal No. /?z'~ SO Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~) A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side} REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because .~-r~.~ .~.~ 5,~ 2. The hardship created is UNIQUE and is not shared by all Dropeffies aJike in the immedi6te dstrct because ~ ~'~'r~ c~r~',~¢~ le~ vicinity o{ this prCpe~y ~nd in this u~o __ ~ ~ ,~ ,~- ~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIS I'RICT because ~-~,~-- c~c~i~- ' ~L STATE OF NEW YORK COUNTY OP SS ~ Signatu~'~ ............... TOWN O~: SOUTHOLD PROPERTY REC'O~D CARD -~.-'-* OWglER STREET VlLL,~GE DIST.~-[ SUB. LOT :~ 7// / ~ ~ ~e~, ~,~, s '~ES, ~ ]~ SEAS. VL, FARM CAMM, CB, MICS. Mkt, Value ~ND IMP, TOTAL DATE REMARKS X? ~5 /z?~ /Z'zab v ~.~, e~.~l,~.~ ~ C~ ~,~ L~,.~U,, ~tI,~ ~c liable _ FRONTAGE ON WATER .~ 'oodland FRONTAGE ON ROAD ~ ' eadowland DEPTH /~ ~ ~2 2 0 ' )use Plot BULKHEAD roi M. Bldg. E.~teneion bxtedsion Extension Porch Breezeway Garage Patio Total 2.¢ )R Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer TRIM Bath Dinette Floors Interior Finish Heat Rcoms 1st Floor Rooms 2nd Floor D~iyeway I<. LR. DR. BR. FIN. B ] COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING September 23, 1992 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) O/Tsavaris, George Milne, Gladys Kurz, Donald & Jean North Fork Bank & Trust Co. Municipal File Number(s) 4114 4118 4126 4127 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehrin~er, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'I'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X/V 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 Cu~u%ission: XX Variance from the Zoning Code, Art'icle XXIII , Section 100-239.4 __Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section __Special Permit Appeal No: 4114 Applicant: George Tsavaris Location of Affected Land: 2170 The Strand Lane, County Tax Map Item No.: 1000- 30-2-53 Within 500 feet of: East Marion, NY __ '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 approval of Comments: Applicant is requesting 9~r~aq~qt~n.~ the top of bluf~ stairway along L.I. Sound. deck area as exists at Copies of Town file and related documents enclosed for your review. Dated: September 15, 1992 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 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 BOARD OF APPEALS TOWN OF SOUTHOLD September 14, 1992 Mr. and Mrs. George Tsavaris 2170 The Strand East Marion, NY 11939 Re: Appl. No. 4114 (Deck at Top of Bluff Stairs) Dear Mr. and Mrs. Tsavaris: Please find attached a copy of the Findings and Deter- mination rendered by the Board at our Regular Meeting held Thursday, September 10, 1992 concerning your variance application. Please be sure to return to the Town Building Department to reactivate the building permit and/or issuance as deemed appropriate by his office. Copies of this determination have also been furnished this date to the Building Department and the Town Trustees for their update and permanent recordkeeping. Very truly yours, Enclosure Copies of Decision to: Southold Town Building Department Southold Town Trustees Suffolk County Department of Planning 10-89-0394 FACILITY/PROGRAM NUMBER{s) M/A 'PERMIT Under the Environmental Conservation Law August 18, 1989 August 31, 1991 Article 15, Title 3; 6NYCRR 327, __ 328, 329: Aquatic Pesticides Article 15, Title 5: Protection ot Water I Article 15, Title 1.5: __ Water Supply Article 15, Title 15: Water Transport Article 15, Title 15: __ Long Island Wells I Article 15, Title 27: Wild, Scenic and Recreational Rivers j-----] Article 24: Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only), O--Operate (*only) 6NYCRR 608: Water Quality Certification Article 17, Titles 7, 8: SPDES Article 19: Air Pollution Control* Article 23, Title 27: Mined Land Reclamation Article 25: Tidal Wetlands Article 27, Title 7; 6NYCRR 360: Solid Waste Management* Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management Article 36: Floodplain Management -- Articles 1, 3, 17, 19, 27, 37; __ 6NYCRR 380: Radiation Control PERMIT ISSUED tO George A. Tsavaris ADDRESS OF PERMITTEE 2170 The Strand, East Marion, N.Y. 11939 AGENT FOR PERMITTEE/cONT^CT PERSON TELEPHONE NUMBER Thomas Crowley, 195 East Gillette Ave.,East Marion,NY 11939 Long Island Sound SCTM 1000-030-2-53 LOCATION OFPROfECT/FACILITY counTY TOWnl~!k~icAL~9,~ UTMCOORDINATFS East Marion Suffolk Southold DESCRIPTIONOEAUTHORIZEDACTIVITY Construct stairway down bluff face as shown on the attached NYSDEC agoroved GENERAL CONDITIONS By acceptance of this permit, the permittee agrees that the permit is contingent upon strid compli- ance with the ECL, all applicable regulations and the conditions specified herein or attached hereto. The perm~ttee shall file in the office of the appropriate regional permit administrator, or other office designated in the special conditions a notice of intention to commence '~"~"''~""': "~ '~'.,,, ,~,..,,.,,l~,I,,r ~B)r~, Bld~.40,SUNY,Rm. 219 Page 1 ot 3 95-20-1 (8/87)--9d New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. - i Perm,, Number/~3 ?Y Regional Permit ~.d~i:,:strator . NOTE: This notice is NOT a permit -~-- ".:~; _ FOR _ CASH [] DEPARTMENT REPRESENTATIVE SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK .~.f ~.,, llOI:~ERT J. GAFFNF, Y July 29, 1992 Gerard P. Goehringer, Chairman Town of Southold, Board of Appeals P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: We have completed a site inspection of the application known as Tsavaris Request for Deck Approval at Top of Bluff Stairs. Site Location: The Strang Lane, East Marion 1000-30-2-53. The bluff face is very heavily vegetated at this time. Some of the vegetative cover is annual weed growth. There is also shrubs, trees and viney growth throughout the bluff face. The deck constructed at the top of the bluff stairs and the rear yard of the property do not contribute any surface water runoff to the bluff face. The yard slopes south towards the house, and is well vege- tated in turf grasses. The bluff has no toe stabiliztion as neither does any of the properties to either the east or west. It does not appear that high tide reaches the toe. If, during winter months, bare spots should become visible, then they should be planted to 'Cape' American beachgrass, making sure not to disturb any other existing vegetation. No further precautions need to be addressed at this time. If you need any further assistance, please contact us again. Sincerely, Paul A. TeNyenhuis District Technician Riverhead County Center Room E-16 Riverhead, New Yo~q( 119(11 - 3398 SUFFOLK CouNTY SOIL AND WATER CONSERVATION DISTRICT Riverhead County Center Center Drive. Room E-16 .,re,head, N.Y. 11901-339~ GERARD P. GOEHRINGER, CHAIRMAN TOWN OF SOUTHOLD, BOARD OF APPEALS P.O. BOX 1179 SOUTHOLD, NEW YORK 11971 AN EQUAL OPPORTUN/TY _ JUN 2 6 992 [ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jn 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 June 24, 1992 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation Suffolk County Center Room E-16 Riverhead, NY 11901 Re: Tsavaris Request for Deck Approval at Top of Bluff Stairs Site Location: The Strang Lane, East Marion 1000-30-2-53 Dear Mr. Pauzer: We have today received an application involving considera- tion of a deck constructed at the top of the L.I. Sound bluff in East Marion, at premises of George and Susan Tsavaris. Attached is a copy of a recent survey (with property contour lines shown), as well as a copy of the County Tax Map showing the vicinity of the subject parcel and copies of recent photographs. This parcel is located just west of the intersection of streets referred to as "The Greenway" and "The Strand Way" and is referred to as Lot #111 in the development of Pebble Beach Farms subdivision. May we ask your assessment of the property. There appears to be a considerable erosion problem along the bluff and comments and recommendations to prevent further erosion would be greatly appreciated. A determination on this variance request is not expected to be made for approximately five weeks. Thank you for all your time and assistance afforded to the Town of Southold. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 June 18, 1992 George & Susan Tsavaris 2170 The Strand P.O. Box 345 East Marion, NY 11939 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: SCTM #1000-30-2-53 Dear Mr. & Mrs. Tsavaris: The application for a waiver for which you seek permission for a satellite dish, deck and burner is beyond the jurisdiction of this Board for having been constructed prior to the effective date of Coastal Erosion Hazard Ordinance in November, 1992 and is more than 75' from Mean high water on Long Island Sound and as such is beyond the jurisdiction of the Town Wetland Ordinance. If you have any questions, please do not hesitate to contact this office. Very truly yours, ~nM. --~Br e~emeye r,~I'I~ President, Board of Trustees JMB: jmt cc: Bldg. Dept. ZBA 9/3 WR31 7482ST - DONALD AND JEANNE KURZ. Variance to the Zoning Ordinance, ~ Article IH, Secti~fl 100-33 for per- NOTICE IS HERE TV mission to build new, enlarged - . BY G. EN, garage as an accessory in the front pursuant to ~ecuofl 267 dir the Town . . . the bulkhead. Location of Prepefly: 8380 Gr~t Pcconin Bay B~ulewrd. Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. Subject prrmis- es il substandard Jr size and is lee. at- ed in the R40 Zone Distrkx. (2) 7:40 p.m. Appl. No. 4124 -- DR~ AND MRS. CARL A. SO- RANNO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for approval of deck ,lng in thc front yard area. Location of Property: 3365 Main Road Green- )orr, NY; County Tax Map Parcal '4o. 1000-35-2-1. This property is ~oned R-~O Residential. · (6) 8:00 p.m. AppL No. 4114 -- 3EORGE TSAVAR.IS. A Variance to he Zoning O~dinance, Article XXI1] Section 100-239.4 for approval of leek area as exists at the top of bluff ;tairway along the LI. Sound. Loc~- cation of Property: 135 Soundview,~ Road, Orient, NY; also known as Lo'~' additin~ within 100 fc~t of the top of ion of Property: 2170 The Strand the L.I. S~nd bluff or bank, and Ar- ~ane, East Marion. NY; Pebble ticle HI. $ccti~a 100-33 for approval teach Farms Filed Map No. 6266, of accessory storage building located ~ot I I 1; Parcel ID No. 1000-30-2- in thc fram yard a~e.a, 400+ feel from i3. the front property line. Location of= ('7) $:05 p.m. AppL No. 4119SE~ - RICHARD GOODALE AND Property: 31059 Count Road ¢$, i Peconic NY Count ~ y''~ ~ ~s vIATTITUCK AUTO CENTER~ No, 1000-734-3 NC, (Tenant). Specml Excopoon to (3) 7'4~ p.m. AppL No. 41~5 --[ he Zoning Ordinance Article X GREGORY POULOS. Variance~to ;ectinn 100-10lB(12) for a permit ,uthorizing: (a) a new car salei :stablishment; Co) an establishment. ~f an accessory use incidental to the BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS STATE OF NEW YORK) ) SS: cou~rrr OF St~FFOLK) (/'~y/~'- C~)/~/CC/~ of Mattituck. in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, Weekly Newspaper, 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 xegular- ly published in said Newspaper once each week for / weeks successively, COmmencing on the ~ day of._~I1) [ktFJ.ANIE V. Co;mi~on Exi~n~ OcL19 19~1~ ,t'rmclpas ~ger~ Sworn to before me this~/~ 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 dinance, Article XXIX, Section 100-239.4B for permission to construct deck addition within 75 feet of the bulkhead. Loca- tion of Property: 8380 Great Peconic Bay Boulevard, Laurel; NY; County Tax Map Parcel No: 1000-126-11-20. Subject premises is substandard in size and is located in the R-40 Zone District. (2) 7:40 p.m. Appl. No. 4124 - DR. AND MRS. CARL A. SORANNO. Variances to the Zoning Ordinance, Article XXIII, Section I00-239.4A(1) 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 400+ feet from the yard area, front property line. Location of Property: 31059 County Road' 48, Peconic, NY; County Tax: Map Parcel No. 1000-73-4-3. (3) 7:45 p.m. AppL No. 4125 - GREGORY POULOS. Variance to the Zoning Or'- dinance, Article XXIII, Section$~ 100-239.4A (1) for permission to construct deck addition (to ex- isting deck area), all of which is located within 100 feet of the Long Island Sound bluff or bank. This parcel is substandard in size and is located in the R-40 Zone District. Location of Pro- perty: 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. I000-15-3-3. COUNTY OF SUFFOLK ss: STATEOF NEW YORK (4) 7:50 p.m. AppL No. 4126 - DONALD AND JEANNE KURZ. Variance to the Zoning Ordinance Articl~ III, Section 100-33 for perm ss b~"to bUdd new, enlarged garage as an ac- Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published bi said I.ong Island -I'ravcler-Walchman successively, commencing on the . .~.. ........... cessory in the front yard area. (replacing existing garage which' i 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 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. This property is zoned R-80 Residential. (6) 8:00 p.m. ,~ppl. No. 4114- GEORGE TSAVARIS. A Variance to the Zoning 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 Ill, 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 100-101Bt12) for a permit authorizing: (a) 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 Sworn 1o before me this ........... ~....'~.. .... clay of ........ use as a new car sales establish- ment. Location of Property: 7655 Main.Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax 'Map Parcel No. 1000:122-06-30.1 (prey. 30). The Board of Appeals will at 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 NOTAR'/PU!~LIC, St'ilo of t~e,;~ York 14o. 4~.4.~ Qua!iff? m S~:ff01k C0uqty . APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 ~', ~ 46' : 6'~! ~ ¢' BOA~ OF APPEALS TOWN OF SOU~O~ SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office 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 Kowatski 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 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 Charles Grigonis, Jr. Serge Doyen, Jr. 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 Aug. 18, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4114 Project/Applicants: County Tax Map No. Location of Project: George & Sue Tsavaris 1000- 30-2-53 2170 The Strand Lane, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct accessory deck within 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 T!rpe 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 June 23, 1992 Zoning Appeal Appl. No. 4114 - GEORGE & SUSAN TSAVARIS Transmitted herewith is Zoning Appeal Appl. No. 4114 - GEORGE & SUSAN TSAVARIS together with the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, the Questionnaire from the Zoning Board of Appeals, a copy of the Bargain & Sale Deed, a letter from the Board of Town Trustees dated June 18, 1992, a group of pictures, and a copy of the Survey Map. Judith T. Terry Town Clerk BOARD OF APPEALS, TOWN OFSOUTHOLD In the Matter pT the Petition of : ~0 to the Board of Appeals of the Town of Southold : ADJACENT TO: ~ ~ ~ ~D~ ~~ PROPERTY O~ER YOU ARE HEREBY GIVEN NOTICE; 1. Th~ intention of lhc undersigned to petition the Board ()f Appeals of the Town of Southold torequesta ~nc~(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- 3. That the property which is the subject of such Petition is located in the following zoning district: R p~-oYo ~ .~Z~ AL 4 Ti,at b~ such Petition, the undersigned will request the following relief: lO~ '~o~_ ~-Ia ' ' " ' I S. Thai the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. [ ] Section ES0-A, New York Town Law fo~ approval of access over r~ght(s)-of-way~ 6. That within five day's from the date hereof, a wrJttem 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) 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. etitioner Owners'Names Post Office Address [Copy of sketch or plan purposes.] showing proposal to be attached for con.venience ~AM~ PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MJ~IL RECEIPTS ADDRESS 281 100 183 Receipt for Certified Mail No Insurance Coverage Provided (See Reverse) STATE OF NEW YORK COUNTY OF SUFFOLK SS.: t~:>, )g-((~..A/) O-V% ~ I I ~'~,~ , being duly sworn, deposes and says that on [he ~-~ day of :~-~ ) ~..) ~= r , 19 c~ ;~-- , 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 tassessment roll of' the T~wn of Southold; that said Notices were mailed at the United States Post Of- (registered) mail."~:~c~ ; 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.) 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART J--PROJECT INFORMATION (To be comoleted by ADDlicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR I ~. PROJECT NAME 3. PROJECT LOCATION: E. I$ PROPOSED ACTION: DESCRIBE PROJECT BRIEFLY: WHAT IS PRESENT I..AN0 USE N VICINITY OF PROJECT'~ ~ Resiclent~at [] Industrial [] Commercial 10. DOES ACTION INVOLVE A PERMIT APPROVAl_ OR FUNOING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] Yes [~4, No If yes. list agency(s) and permdJal;provals 12. AS A RESULT OF PROPOSED ACTION ILL EXISTING [] Yes [] No ~ f ~. PERMIT/APPROVAL REQUIRE MODIFICATION? I! the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an envzronmental review w£11 be m~e by this ~oard before any action is taken. (a) In order to answer the questions in this short EAF it is assumed that the preparer 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 an ~uestion h~ (c) If all questions have been answered NO it is likely that the project is not significant. (dj Environmental Assessment Will project result in a large physical chance to the project site or physically'alter more than 10 acres of land? 2.Will there be a major chance to any uni=ue or unusual land form on the site? ' 3. Will project alter or have a large effect on a~ exlsting body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? __Yes ~___N o 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual ohar- acter of the community or scenic views or vistas ,- 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 envircnmental area by a local agency? ___Yes ~No 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 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 14. Will project affect the existing conununity by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the characte-~ of the community or neighborhood? 15. Is there public controversy concerning the project? / 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 ~or sale. or being shown to prospective buyers? { } Yes ~} No. (If Yes, pit=se aye=ch ~o~ of "cendit4nns,, of sa~e.) C. Are there =uy ~rupesals tD ~nange ~r alter land cuntours? { } Yes ~ No D. 1. Are there any areas which contain wetland grasses? ~ 2. Are the wetland area~ shown on the map submitted with this application? ~ 3. Is the property bulkt~eaded 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 To~__~rustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed Qo~struction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, b~lkheads or fencas which e~t and are not ~hown ~n the survey map that you ar~ submitting? .~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? .~ ~ 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 mwn other land close to this parcel? ~ ~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel - ~'/~M, I ~ ~-~%D~-~C~ and proposed use ~tnorized ~da6ure 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 6-5-84 by L.L. No. 6-1984] WE ~'FLA~XFDS [Amended 8-26-76 by L~L. No. 2-1976; 3-25- 85 by_[~T. No. 6-1985]: '-,"~' '. ' ~' · ".'~ A. '~iDAL 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 to banks. bogs. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs. meadows, flatz and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworta, sea lavender, tall cordgrass, high bush. cattails, groun~eL marshmallow alld low 'mn,eh c..or r] ~r ~,; (3) All land immediately udjacent to a tidal wetland as defined in Subsection A(2) and lying xvithin seven- ty-five (75) feet Iandward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1)" , Freshwater ~etlands 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- =~. ss STATE OF N[W yOItK, ~OUNTY OF SS: On the ~b day of ~e~ 19~ , before me perso~liv came m mr known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. ~ota~ Pubhc Sta~n o{ So ~o, 41-02MI4777~5 Oual?ied in Oue*n~ Gommis~oa ~piroa March ~, STATE OF NEW YORK, COUNTY OF SS: On the '.la)' of 19 , before mt' personally came lo mc known, who, being by me duly sworn, (lid depose and say Ihat he resides at No. that he is the of · the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors' of said corpora- tion, and that he signed h name thereto by like order. STATI OF NIW YOLK, COUNTY OF ' SS: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATS OF NSW YORK, COUNTY OF ES: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom [ am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he'knows to be the individual described lo and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. Bargaiu anil ale illeeil WITH COVENANT AGAINST GRANTOK'S ACTS 'rrrLe NO. ce. ~/ GEORGE A. GEORGE A. TSAVARIS and SUSAN T. TO TSAVARIS and SUSAN T. his wife S~CnON 030. O0 .LOO~ 0,7.00 LOT I~),~ , ~0 0 KONOPKA~#xO~ 'rOWNof SOUthold County of Suffolk TSAVARIS, R~ra~ at R~u~, o~ CHICAGO TITLE INSURANCE COMPANY STANDARO FOaM OF NEW 'CORK SOARO OF T,~tkE UROERWmrERS Distributed by CHICAGO TIT~ INSURANCE COMPANY Return by M~it to PHILIP S. ~ZLONEtESQ. 16 Cour~ Street-Surge Brooklyn, Ne~ York 11241 DISTRICT: 1000 SECTION: 030.00 BLOCK: 02.00 LOT: 053.000 or successors and a~s of the party of the second part foreve ALL thatcertain pt~,pieceorparcelofland, withthe buildir improvementsthereon erected, situate, lying and being at East Marion, in the Town o~ Southold, County of Suffolk and State of New York, known an~ designated as Lot Number 111 on a certain map entitled, "Map,.of Pebble Beach Farms, East Marion, Town of Southold, Suff61k County, New York", and filed in the Office of the Clerk of the County of Suffolk on June 11, 1975 as Map Number 6266. SUBJECT TO the provisions of a Declaration recorded in the Office of the Clerk of the County of Suffolk on June 11, 1975 in Liber 7855 at page 09, as amended by Liber 7914 page 40 and Liber 7969 page 272. BEING AND INTENDED TO BE part of the same premises conveyed to grantor herein by deed dated November 25, 1980 and recorded in the Office of the Clerk of the.County of Suffolk on December 5, 1980 in Liber 8925 at page 287. TOGETHER with all right, title and interest, if any, of the party of the first part in i~nd t~ any streets and roads abuttiug the above described premises to the center lines thereof: TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD thc premises herein granted unto the party of the second part, the heirs or successors and assigns of thc party of the second part forever. AND the party of the first part covenants that the part)' of thc first part has not done or suffered whereby the said premises have been encumbered in an2,' way x~hatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the parly the first part will receive the consideration for this conveyance and will hold the right to receive such con:~hl- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and ~.'ill apply the same first to the payment of thc cost of the improvement before using any part nf the total of the same f~,r any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indent!~re ~o requires IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year tirst abo~c written. IN PRESENCE OF: GEORGE A. TSAVARIS SUSAN T. KONOPKA / R-80 HD R-80 R~40 / / / Date Documents Accepted for Filing: Apl. Fee Required: $ Appl. No. Application Incomplete for the Following Reasons: Application Form Not Signed or Notarized Notice of Disapproval not attached or in error-- Notice to Adjacent Property Owners Form or Certified Mail Receipts not attached One original survey is necessary Extra copies of survey map necessary Copy of Deed of Current Owner Necessary Environmental Assessment Short Form Signed ZBA Questionnaire If Applicant is a corporation, need Disclosure Affidavit Date / / / / / / / / / OK Other information is awaited: Site Plan Layout or other drawings Copy of Contract if Purchaser is applying Single & separate search Finalization of SEQRA by PB, TR, etc. Other Review by ZBA, i.e. / / / / / / 1 / / / 1 / / / / / 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 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 ACTION OF THE BOARD OF APPEALS Appl. No. 4080. Upon Application of GEORGE AND SUE TSAVARIS. This is an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of location of accessory satellite (antenna) dish structure with a setback at approximately 36 feet from the bluff line. The requirement for all structures under Section 100-239.4 is 100 feet from the Long Island Sound bluff. Location of Property: 2170 The Strand Way, East Marion, NY; Pebble Beach Farms Filed Map No. 6266, Lot 111; Parcel ID No. 1000-30-2-53. WHEREAS, a public hearing was held on May 7, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance under Article XXIII, Section 100-239.4 for approval of an accessory structure, i.e. satellite antenna dish which has been located (without a building permit) in the rear yard area and the base of which is shown to be situated 37 feet from the existing top of the L.I. Sound bluff. 2. The premises is known as Lot No. 111 on the "Map of Pebble Beach Farms" and is improved with a single-family, two-story dwelling with porch situated at 55-1/2 feet from the closest distance to the top of the bluff line and located 100 feet from the average top of bluff shown on the filed subdivision map. Also existing at the premises is the subject antenna dish structure, barbeque "burner," play area and deck landward of the Page 2 - Appl. No. 4080 Matter of GEORGE & SUE TSAVARIS Decision Rendered June 4, 1992 top of the bluff. There are steps sloping down the bluff to the beach area at the bottom of the bluff. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. Correspondence has been received from the office of the Town Trustees confirming that the antenna structure is beyond their jurisdiction under the Coastal Erosion Hazard Ordinance adopted in November 1991 (Ch. 37) and the Town Wetland Ordinance (Ch. 97). 6. The applicants have indicated that they have comunicated with the N.Y.S. Department of Environmental Conservation and have been assured that the structures are grandfathered as exist. 7. For the record, the following additional information is noted: (a) the overall height of the antenna dish is at a maximum of 17 to 18 feet above ground; (b) the overall width of the antenna dish is approximately nine (9') feet; (c) there are cedar trees existing along the easterly side of the antenna location which will suffice for screening purposes -- additional screening would limit waterviews for the property owner and adjacent property owners; (d) satellite signals are limited to areas located within 45 feet, or less, of the top of the bluff line {shown on the copy of the survey with the signal areas highlighted in yellow}. There is no other location except to position the satellite at a dangerous height on the roof of the house, or perhaps in the front yard, which is not permitted without variances and further consideration. The alternatives are not more feasible under the circumstances. (e) this application is strictly for the satellite antenna dish, and not for any other structure existing at this time within 100 ft. of the top of the bluff. (No other variance application has been found of record for this property.) Page 3 - Appl. No. 4080 Matter of GEORGE & SUE TSAVARIS Decision Rendered June 4, 1992 8. It is the position of this Board that in considering this application: (a) the relief requested is in this application is not substantial in relation to those buildings existing generally in the neighborhood and along this Sound bluff; (b) an accessory structure for satellite antenna purposes is required to obtain a building permit, however, it is not a prohibited use; (c) it is not uncommon for parcels along the Sound bluff to require variances for accessory structures within 100 feet of the bluff because the principal structures preexist the enactment of Section 100-239.4 (previously 100-119.2 under the old zoning code); (d) there is at least one other similar antenna dish located in the immediate neighborhood to the west; (e) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, nor will it prevent neighboring properties from enjoyment of their properties; (g) there is no alternative feasible for appellants to pursue other than a variance; (h) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance for an accessory (satellite antenna dish) structure only, as applied in the Matter of MR. AND MRS. GEORGE TSAVARIS under Appl. No. 4080, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the antenna dish not be replaced, rebuilt, re-located, moved, or otherwise altered or modified (except through an additional permit/variance application process); 2. That the cedar trees as exist be properly maintained in good condition; Page 4 - Appl. No. 4080 Matter of GEORGE & SUE TSAVARIS Decision Rendered June 4, 1992 3. That there be no physical disturbance to or near the bluff area; 4. That the appellants must apply for and receive a building permit (and other agency approvals which may be deemed necessary) for structures at this site. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio and Villa. Nay: Chairman Goehringer (voted against the resolution because he felt that additional screening along the easterly property line was necessary). This resolution was duly adopted. (Margin: 4-1). lk CHAIRMAN "~'~'" ~ ~ ~,.~' ~ R?)al COUNTY OF SUFFOLK ,~. SOUTHC Present: 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 ,9/10/92 8:27 p.m. APPLICATION NO. 32 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. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of a sketch of deck area and pictures in this application supplied to us by the applicant, and we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. We have a survey dated January 15, 1992, updated April 16, 1992, indicating this approximately 3-sided deck showing approximate diameter of 15.9 feet, 15 feet 9 inches, approximately ground level or so, with a little elevation. Mrs. Tsavaris, would you like to be heard? Who is speaking? MRS. TSAVARIS: I don't know what more to say except that when we had first put the deck in, I had originally thought that we had the house and the deck because both of them were on the site plan together. I thought that everything was approved; and when the DEC had come for the steps, they were on the deck and the application had said that it was attached to a deck. I tried to get a copy of the plans he had but with Labor Day, I couldn't get it. 9/10/92 33 .. questions MEMBER VILLA: been there? MRS. TSAVARIS: THE CHAIRMAN: MRS. TSAVARIS: deck was built. MEMBER VILLA: MRS. TSAVARIS: thawed out. THE CHAIRMAN: THE CHAIRMAN: Do we have a copy of That is what you were waiting for --in there? there. MRS. TSAVARIS: The copy I have, but I couldn't get the plans to show you it was drawn with the whatever. THE CHAIRMAN: I hate to bring this up: What has developed ~ith your neighbors over the last decision? MRS. TSAVARIS: Nothing. THE CHAIRMAN: Let's see if anybody has any specific concerning this. When was it built? How long has it the DEC permit? You have it right Was it in the springtime? I believe so, as soon as the ground Has there been any movement on the lip of the bluff based upon the construction of this particular-- MRS. TSAVARIS: Not that I know of. There is beach plum that has grown in 3 feet. When we had first planted it and it is all over now. The soil sample, the way it is graded, we kept the natural contour of the bluff so that everything would -- no water runs off the bluff from my backyard-- it all runs forward. Landward not seaward. On one of the surveys I had the 1985. That is the year the house was built. The house was completed and then the ~/la/92 34 contour lines shown --higher in the back and as it goes forward to the front yard of my house. THE CHAIRMAN: You do utilize this fireplace? The charcoal pit --you use that quite regularly? MRS. TSAVARIS: Not that regularly. In the summertime. " THE CHAIRMAN: There is no lighting attached to this deck at all? MRS. TSAVARIS: No, there is just lighting areound the bottom of the deck so that nobody falls. THE CHAIRMAN: There are no specific umbrellas used on this deck to shield the sun? MRS. TSAVARIS: I have one umbrella that is kind of beat up. THE CHAIRMAN:. And is there any other type of-- MRS. TSAVARIS: that has an umbrella. THE CHAIRMAN: There is a little round table and I don't have any other questions. This is directly related to the stairs which lead down to the Sound, right? MRS. TSAVARIS: Yes. questions from Board members? It is attached. No other okay, we will see what else dev elops at the hearing. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Seeing no hands, I make a motion closing the hearing and reserving decision until later. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J~'. James Dinizio, Jr. Robert A. Villa 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. 4114. Upon Application of 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, Kot 111; Parcel ID No. 1000-30-2-53. WHEREAS, a public hearing was held on September 10, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. This is an application appealing a Notice of Disapproval issued on April 1, 1992 by the Town Building Inspector on the grounds that the subject "accessory deck...is less than 100 feet from the bluff," and requesting a setback variance under Article XXIII, Section 100-239.4 for approval, as exists. 2. The premises is known as Lot No. 111 on the "Map of Pebble Beach Farms" and is improved with a single-family, two-story dwelling with porch situated at 55-1/2 feet from the closest distance to the top of the bluff line and located 100 feet from the average top of bluff shown on the filed subdivision map. Also existing at the premises is the subject antenna dish structure, barbeque "burner," play area and (subject) deck landward of the top of the bluff. There are steps sloping down the bluff to the beach area at the bottom of the bluff. 3. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of '.Page 2 - Appl. No. 4114 Matter of GEORGE TSAVARIS Decision Rendered September 10, 1992 shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 4. Correspondence dated June 18, 1992 has been received from the office of the Town Trustees confirming that the subject deck is beyond their jurisdiction under the Coastal Erosion Hazard Ordinance adopted in November 1991 (Ch. 37) and the Town Wetland Ordinance (Ch. 97). 5. The applicants have indicated that they have communicated with the N.Y.S. Department of Environmental Conservation and have been assured that the structures are not in violation of the permit issued August 18, 1989 under DEC No. 10-89-0394. e noted: For the record, the following additional information is (a) the height of the accessory deck is approximately 18 inches from ground to top of deck, and the posts are approximately four ft. deep in the ground; (b) the diameter of this deck is 25 feet, and there is an outer stairway with three steps from ground level; (c) there are cedar trees existing along the easterly side property for screening purposes -- additional screening would limit waterviews for the property owner and adjacent property owners; (d) this application is strictly for the accessory deck at the top of the bluff stairs and is not and will not be physically attached to the house or any other structure. 7. It is the position of this Board that in considering this application: (a) the relief requested is in this application is not substantial in relation to similarities existing generally in the neighborhood and along the Long Island Sound bluff; (b) stairs and platform/deck areas are necessary to gain access to the beach and water area below the bluff for which N.Y.S. Department of Environmental Conservation approval was issued; (c) it is not uncommon for parcels along the Sound bluff to require variances for a minor accessory structure or stair accessways within 100 feet of the bluf; '.Page 3 - Appl. No. 4114 Matter of GEORGE TSAVARIS Decision Rendered September 10, 1992 (d) prior to the enactment of Section 100-239.4 (previously 100-119.2 under the old zoning code) {Spring 1985}, Notices of Disapproval and/or building permits were not issued by the Building Department and therefore no appeal process was followed for variances under this provision of the zoning code; (e) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, nor will it prevent neighboring properties from enjoyment of their properties; (g) there is no alternative feasible for appellants to pursue other than a variance; (h) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (i) the variance will not cause a substantial effect on governmental facilities; (j) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. 8- Upon inspection, it is was noted that the bluff is heavily vegetated, some of which is weed growth. There are shrubs, tree and viney growth throughout the bluff face. The yard shopes south towards the dwelling and is well vegetated in turf grasses. The bluff areas for this property and other properties to the east and west have no toe stabilization. It does not appear tht the high tide reaches the toe area of the bluff. In the event bare spots should become visible, then they should be planted to 'Cape' American beachgrass, making sure not to disturb any other existing vegetation as per report of the Suffolk County Soil and Water Conservation District Office dated July 29, 1992. 9. For the record, it is noted that this determination shall not affect the validity of, or more stringent requirements by, other agencies (Town Trustees, DEC, etc.). Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was . '.Page 4 - Appl. No. 4114 Matter of GEORGE TSAV~=RIS Decision Rendered Septermber 10, 1992 RESOLVED, to grant the relief as requested under Appl. No. 4114 in the Matter of the Application of GEORGE TSAVARIS, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no adverse physical disturbance to or close to the bluff areas; 2. That there be no change in location or structural modification of the existing sun deck -- deck shall remain the same. 3. That there be no canopy or roof; 4. That there be no pole lighting (only shaded fixtures when needed for lighting-safety purposes). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen, and Villa. This resolution was duly adopted. lk RECEIVED AND FILED THE SOUTHOLD TOWN CLE~ DATE 7/~C/?~- HOUR /'~-C.~. Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DinizJo, 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 Aug. 18, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4114 Project/Applicants: County Tax Map No. Location of Project: George & Sue Tsavaris 1000- 30-2-53 2170 The Strand Lane, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct accessory deck within 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 TOWN CLERK TOWN OF SOUTHOLD Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 4407'9: ~kh T. Terry, Town Clerk Cash [~ Check ~ ~ 7 By ~ ~~ TRUSTEES John M. Bredemeyer, III, ~resident Albert J. Kmpski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1.823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 18, 1992 George & Susan Tsavaris 2170 The Strand P.O. Box 345 East Marion, NY 11939 SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road Re. Box 1179 Southold, New York 11971 RE: SCTM #1000-30-2-53 Dear Mr. & Mrs. Tsavaris: The application for a waiver for which you seek permission for a satellite dish, deck and burner is beyond the jurisdiction of this Board for having been constructed prior to the effective date of Coastal Erosion Hazard Ordinance in November, 1992 and is more than 75' from Mean high water on Long Island Sound and as such is beyond the jurisdiction of the Town Wetland Ordinance. If you have any questions, please do not hesitate to contact this office. Very truly yours, · Br II President, Board of Trustees JMB:jmt cc: Bldg. Dept. ZBA 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 ACTION OF THE BOARD OF APPEALS Appl. No. 4080. Upon Application of GEORGE AND SUE TSAVARIS. This is an Appeal for a Variance to the Zoning Ordinance, Article X~III, Section 100-239.4 for approval of location of accessory satellite (antenna) dish structure with a setback at approximately 36 feet from the bluff line. The requirement for all structures under Section 100-239.4 is 100 feet from the Long Island Sound bluff. Location of Property: 2170 The Strand Way, East Marion, NY; Pebble Beach Farms Filed Map No. 6266, Lot 111; Parcel ID No. 1000-30-2-53. WHEREAS, a public hearing was held on May 7, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance under Article XXIII, Section 100-239.4 for approval of an accessory structure, i.e. satellite antenna dish which has been located (without a building permit) in the rear yard area and the base of which is shown to be situated 37 feet from the existing top of the L.I. Sound bluff. 2. The premises is known as Lot No. 111 on the "Map of Pebble Beach Farms" and is improved with a single-family, two-story dwelling with porch situated at 55-1/2 feet from the closest distance to the top of the bluff line and located 100 feet from the average top of bluff shown on the filed subdivision map. Also existing at the premises is the subject antenna dish structure, barbeque "burner," play area and deck landward of the Page 2- Appl. No. S4U~T Matter of GEORGE & SAVARIS Decision Rendered June 4, 1992 top of the bluff. There are steps sloping down the bluff to the beach area at the bottom of the bluff. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. Correspondence has been received from the office of the Town Trustees confirming that the antenna structure is beyond their jurisdiction under the Coastal Erosion Hazard Ordinance adopted in November 1991 (Ch. 37) and the Town Wetland Ordinance (Ch. 97). 6. The applicants have indicated that they have communicated with the N.Y.S. Department of Environmental Conservation and have been assured that the structures are grandfathered as exist. 7. For the record, the following additional information is noted: (a) the overall height of the antenna dish is at a maximum of 17 to 18 feet above ground; (b) the overall width of the antenna dish is approximately nine (9') feet; (c) there are cedar trees existing along the easterly side of the antenna location which will suffice for screening purposes -- additional screening would limit waterviews for the property owner and adjacent property owners; (d) satellite signals are limited to areas located within 45 feet, or less, of the top of the bluff line {shown on the copy of the survey with the signal areas highlighted in yellow}. There is no other location except te position the satellite at a dangerous height on the roof of the house, or perhaps in the front yard, which is not permitted without variances and further consideration. The alternatives are not more feasible under the circumstances. (e) this application is strictly for the satellite antenna dish, and not for any other structure existing at this time within 100 ft. of the top of the bluff. (No other variance application has been found of record for this property.) Page 3 - Appl.. No~080 Matter of GEORGE &"SUE TSAVARIS Decision Rendered June 4, 1992 8. It is the position of this Board that in considering this application: (a) the relief requested is in this application is not substantial in relation to those buildings existing generally in the neighborhood and along this Sound bluff; (b) an accessory structure for satellite antenna purposes is required to obtain a building permit, however, it is not a prohibited use; (c) it is not uncommon for parcels along the Sound bluff to require variances for accessory structures within 100 feet of the bluff because the principal structures preexist the enactment of Section 100-239.4 (previously 100-119.2 under the old zoning code); (d) there is at least one other similar antenna dish located in the immediate neighborhood to the west; (e) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, nor will it prevent neighboring properties from enjoyment of their properties; (g) there is no alternative feasible for appellants to pursue other than a variance; (h) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance for an accessory (satellite antenna dish) structure only, as applied in the Matter of MR. AND MRS. GEORGE TSAVARIS under Appl. No. 4080, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the antenna dish not be replaced, rebuilt, re-located, moved, or otherwise altered or modified (except through an additional permit/variance application process); 2. That the cedar trees as exist be properly maintained in good condition; Page 4- Appl. No. S4U~T Matter of GEORGE & SAVARIS Decision Rendered June 4, 1992 3. That there be no physical disturbance to or near the bluff area; 4. That the appellants must apply for and receive a building permit (and other agency approvals which may be dee~ed necessary) for structures at this site. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio and Villa. Nay: Chairman Goehringer (voted against the resolution because he felt that additional screening along the easterly property line was necessary). This resolution was duly adopted. (Margin: 4-1). lk