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HomeMy WebLinkAbout4118 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 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 Appl. No. 4118. Upon application of GLADYS L. MILNE. A Variance is requested under Article XXIII, Section 100-239.4B and Section 100-244B for permission to build a wooden patio deck with an insufficient sideyard setback, insufficient setback from existing bulkhead, and with lot coverage at more than 20% of the code limitation. Location of Property: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. WHEREAS, a public hearing was held on July 29, 1992, at which time all those who desired to be heard were heard and their testimony recorded; 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 (R-40) zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Article XXIII, Section 100-239.4B for approval of a new wooden deck over the existing patio area and extending in a northerly direction, along the westerly side of the dwelling. The setback requested is approximately one foot from the westerly property line and 36+- feet approximately from the outer edge of the existing southerly bulkhead. The lot coverage variance requested would be 821 sq. ft. over the allowable 20% (or 29.4%). 2. The premises in question is identified on the County Tax Maps as District 1000, Section 37, Block 5, contains a total lot area of 19,550+- sq. ft. Suffolk Lot 15 and 3. The dwelling as exists presently has the following nonconformities: (a) sideyards at 11+_ ft. at the easterly side, and total sideyards at 23+- feet; (b) setback between the existing stone/concrete wall and the lower bulkhead approximately 30 feet; (c) setback from the southerly {rear} Page 2 - Appl. No. 4118 Matter of GLADYS J. MILNE Decision Rendered August 18, 1992 end of the dwelling is shown to be 50+- feet to the outer edge of the bulkhead along Spring Pond. The patio area which exists and will be replaced by a wooden deck is located at the southwesterly side of the dwelling, is landward of the timber retaining walls, and has a side yard setback of approximately one foot. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. The land area which is the subject of this requirement is lanedward of the timber retaining walls and extending northerly, within the westerly side yard area, a distance of 54 feet. 5. Article XXIV, Section 100-244B, and Bulk Area-Setback Schedule provides for 20% lot coverage for all buildings. The total for the dwelling as exists is approximately 1700 sq. ft. The area of the proposed wooden deck is approximately 925 sq. ft. 6. In considering this application, Board Members find that the relief as requested is substantial and finds an alternative, with a three foot minimum setback from the side property line to be the minimum necessary under the circumstances, and finds: (a) the relief requested is not substantial in relation to the existing nonconforming setback from the bulkhead along Spring Pond and setback from the side property line for the patio, to be replaced by this wooden deck; (b) the construction is for an open deck addition without a foundation or basement and without a screened or permanent-type enclosure - this type of construction is not major and will aid the stability of the variable land contours; (c) the relief, as alternatively granted, will not alter the essential character of the neighborhood - the topography of parcels in the immediate area have differences in topography, shape and character in relation to the creek shorelines; (d) the practical difficulties are uniquely related to the property and are not personal to the landowner; (e) the grant of alternative relief, as noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; Page 3 Appl. No. 4118 Matter of GLADYS J. MILNE Decision Rendered August 18, 1992 (f) in view of all the above, the interests of justice will be served by granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to DENY the relief as requested with a setback at one foot from the side property line; and BE IT FURTHER RESOLVED, to GRANT alternative relief with a yard setback from the westerly property line not closer than three feet, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The setback from the bulkhead shall not be less than 36+- feet - as exists for the patio and must be landward of the timber retaining walls, as requested; 2. The open deck construction shall remain open and unroofed, and shall not be permitted to be enclosed in any manner; 3. The setback from the westerly side yard shall be not less than three feet; 4. The patio area may be replaced only with wood construction and with no other structural changes - the deck shall be stepped out of wood with no disruption of existing grade; 5. Copy of final construction diagram shall be submitted for review and acceptance by the Z.B.A. Chairman to show set- backs, lot coverage, etc. before issuance of building permit. 6. Lighting must be shielded to the property and shall not create glare to other areas. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. This resolution was duly adopted. lk RECEIVED AND FILED BY Town Clerk, Town of 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 NOTICE OF HEARING SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE 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 WEDNESDAY, JULY 29, 1992 commencing at the following times: /~ 7:32 p.m. Appl. No. 4118 - Variance to~ he Zoning Ordinance, Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B for permission to construct / deck addition with insufficient side yard setback, insufficient setback from existing bulkhead, than 20% of the code limitation. 240 Knoll Circle, East Marion; and with lot coverage at more Location of Property: County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No~c3~ 7:37 p.m. Appl. No. 4115 - STEPHEN AND ELLA SCH~IDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck addition with an insufficient rear yard setback at 340 Bay Haven Lane, Southold, "MAD of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. Page 2 - Legal NotiO Hearings for July 29~, 1992 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4023 - CELLULAR TELEPHONE CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Article XXIII, Section 100-230 concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant requests a variance from the height restriction. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 7:50 p.m. Appl. No. 4022SE - CELLULAR TELEPHONE CO. d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1) and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a monopole radio tower with antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision-approved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of 11. 8:00 p.m. Appl. No. 4116 - LINDA TAGGART. This is an Appeal of the March 13, 1992 Notice of Disapproval issued by the rage 3 - Legal Noti, Hearings for July 29~, 1992 Southold Town Board of Appeals Building Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the property is located in the Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:15 p.m. Appl. No. 4117SE - LINDA TAGGART. Request for a Special Exception under Article XIII, Section 100-131B, as referenced from Article XIV, Section 100-141B for permission to establish retail gift shop in this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:25 p.m. Appl. No. 4120 - WILLIAM GOODALE AND MATTITUCK AUTO CENTER, INC. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-06-30.1 (previously 30). 8:30 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 ~age 4 - Legal Not~ Hearings for July 2F, 1992 Southold Town Board of Appeals authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prev. 30). 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091- EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-3lA and B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: 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 Tax Map Parcel Nos. 1000-56-4-24 and 19. 9:00 p.m. Appl. No. 4072 - Appl. No. 4072 - VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of the Building Inspector for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A and Article XXIV, Section 100-244B, or Article III, Section 100-32, for permission to construct swimming pool and deck addition with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Location of Property: 54455 (North Side) of County Road 48, Greenport; ~age 5 - Legal Not~ Hearings for July 2~ 1992 Southold Town Board of Appeals County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or representatives desiring to be heard concerning these applications. 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: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtIOLD, N.Y. NOTICE OF DISAPPROVAL Date JUNE 18, 1992 ,19 To CIADys J. M~LNE 240 KNOLL CIRCLE EAST NARION, N.Y. 11939 PLEASE TAKE NOTICE that your application dated .... . .a-l~...IA ................. 19 92 for permit to CONSTRUCT A DECK fiDDITION Location ~rPr~er~,, 240 KNOLL CIRCLE EAST MARION, N.Y. House No. St~{ ............. Ham/er County Tax Map No. 1000 Section .., 37 Block 5 .. Lot 15 Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the ~llowing grounds ............................... 1. INSoF[ICIENT SIDE YARD - ARTICLE XXIV-IO0-244 B ......................................... ............................... 2. DECK CONSTRUCTION I/-ITHIN 75' OF B~ ARTICLE XXII-100 239.4 B ACTION REQUIRED BY ~1~ ZONING BOARD OF APPEALS. /Bff~ ld ~ng Inspector Gary J. Fish RV 1/80 RBCIIVID jUL 1. 0 ~ TOWN O'F SOUTHOLD, NEW YORK OF BUILDING INSPECTOR APPEAL NO. /-'//// DATE ......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (we-~..L~P.~..~........~.,...Z'L/..~...~..~.. ................... o~ .2 q~ xJaz z_ c-/~c4 ~ ......... Name of Appellant Street and Number ......~.~. ~...~......~..~ ~./4~.. ..................................................... ..~-.: ..~.'. ............ HEREBY APPEAL TO Municinnlitv State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED ..... ( ) ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO ~ ---- / ..... ...... .............. Name of Applicant for permit ................ ............. ...................... .-. ....................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ~_c c 1. LOCATION OF THE PROPERTY .~..~..O....~x.~.( ......... /..~.L~.. ............. ~...~.. ...................................... Street /Ham]et / Use District on Zoning Map lO00 Section Block Lot ~ District ................................................................ burre~ ~ner MopNo. ~ '~tNo./~ Prior Owner ~~ ,~ 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the ~icle Section, Sub- section and Porqgroph of the Zoning Ordinance by numar. Do not quote the Ordinance.) 3. ~PE OF APPEAL Appeal is made herewith for (p]ease check appropriate box) (~ A VARIANCE to the Zoning Ordi~nce or Zoning Map ( ) A VARIANCE due to lock of access (State of N~ York T~n L~ Chop. 62 Cons. ~s Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (V) 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 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ........ :...~.. ,~ ..................... day of .......................................... 19 ~-'~ UNDA J. COOPER Notanf Public,, State of New York No. 4822563, Suffolk Co~gntY //~) ~.*/ Term Expires December 31, -/' ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD /oo~.~u~ ?-,:--/.~ . =~wNER ''' STREET ,~/.../J ~) VILLAGE DIST.I SUB. LOT ~.,~/ RES. ~ I 0 SEAS. VL FARM COMM. CB. MICS. Mkt. Value FA~ Acre Value Per V~lue Tillable FRONTAGE ON WATER W~land FRONTAGE ~N ROAD H~se~PIot COLOR TRIM Extension Porch PorCh Breezewey · ' , Fo,,ndotion Basement ...... Extj Walls Fire Place "' Recreation Room Both [~e/~or Fihish Heat ~ / /_ Rooms 1st Floor Rooms 2nd Floor Dinette ...... !DR. ! FIN. B O. Bo Total Dormer Driveway ,Gi ANT' AT EAST ~A~ION .,.,.M,/.~ r.,,F ~OUT~JO.'LD APPEALS BOARD MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 INTER-DEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Building Department Attn: Board of Appeals April 2, 1993 Your Memo Received March 31, 1993 Re: ZBA Appeal No. 4118 - 1000-37-5-15 Gary Fish, Building Insp. Milne Member Dinizio and Chairman Goehringer have both viewed the elevation of the deck, and although the deck is higher near the stoop area, the Members recognize that the owner had no alter- native, except to dig. The Board's intention of Condition No. 4 was to prohibit digging or other disruption of the existing grade. There is no objection to the height elevation t~ which this deck has been constructed,'provided that there be no roofing or enclosure, that all setbacks comply, and there will be no outside lighting affecting other nearby properties (as noted in the Board's decision). Thank you. GG:lk . INSPECTORS Victor Lessard .Principal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek O~dinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 (I ( OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD $C0'1'1' L. HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: G. Goehringer, Chairman, Zoning Board of Appeals Gary J. Fish, Building Inspector SUBJECT: Appeal #4118 - Building Permit #21236- Z Gladys Milne Premises at 240 Knoll Circle, East Marion, N.Y. Suff. Co. Tax Map #1000-37-5-15 DATE: March 30, 1993 Please advise this office if you have made an inspection of the above premises, and if it is alright for this office to issue the Certificate of Occupancy for the deck addition. Thank you. APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Diaizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 2/23/93 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 NOTE FOR THE FILE RE: GLADYS MILNE Appl. NO. 4118 The attached sketch and copy of sketched-survey were sent to us by the Building Department (B.I. Tom Fisher) pursuant to ZBA Condition No. 5 of ZBA decision rendered August 18, 1992. The total lot coverage is less than 24%, the side yard setback is shown to be three feet (at the very least), and all other conditions of the ZBA decision must be adhered to. The Building Department expects to issue a Building Permit at this time unless objection is made by the ZBA to the layout shown on the map. '/roLL c~ cZ-C~ / P -:.EL ! I / i~ ou COUNTY OF SUFFOLK ROBERT J. GAFFNE¥ 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) ~Msavaris, George ilne, Gladys Kurz, Donald & Jean North Fork Bank & Trust Co. Municipal File Number(s) 4114 4118 4126 4127 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 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 Plap_nJ_ng C~a~ission: XX Variance from the Zoning Code, Article XXIII , Section 100-239.4B Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section __Special Permit Appeal No: 4118 Applicant: Gladys L. Milne Location of Affected Land: 240 Knoll Circle, East Marion, County Tax Map Item No.: 1000- 37-5-15 Within 500 feet of: NY __' Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.to buil.d a wooden deck with an insufficient si'deyard setback, insufficient setback from existing bulkhead, and with lot coverage at more than 20% of code limitation. Copies of Town file and related documents enclosed for your review, Dated: Sept. 10, 1992 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 8, 1992 Mr. and Mrs. R. Milne P.O. Box 294 240 Knoll Circle East Marion, NY 11939 Re: Appl. No. 4118 - Wooden Deck/Patio Replacement Dear Mr. and Mrs. Milne: Please find attached a copy of determination recently rendered application. the Board's findings and concerning your variance It will be necessary for you and/or the builder to return to the Building Inspector and any other agencies which may have jurisdiction on this project for issuance of appropriate permits. Copies of this determination have been forwarded to the Building Department and the Suffolk County Department of Planning pursuant to the Administrative Code of Suffolk County which governs projects within 500 feet of the sounds, creeks, estuaries, county lands, etc. Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning Page 3 - Appl. No. 18 Matter of GLADYS J. MILNE Decision Rendered August 18, 1992 (f) in view of all the above, the interests of justice will be served by granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to DENY the relief as requested with a setback at one foot from the side property line; and BE IT FURTHER RESOLVED, to GRANT alternative relief with a yard setback from the westerly property line not closer than three feet, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The setback from the bulkhead shall not be less than 36+- feet - as exists for the patio and must be landward of the timber retaining walls, as requested; 2. The open deck construction shall remain open and unroofed, and shall not be permitted to be enclosed in any manner; 3. The setback from the westerly side yard shall be not less than three feet; 4. The patio area may be replaced only with wood construction and with no other structural changes - the deck shall be stepped out of wood with no disruption of existing grade; 5. Copy of final construction diagram shall be submitted for review and acceptance by the Z.B.A. Chairman to show set- backs, lot coverage, etc. before issuance of building permit. 6. Lighting must be shielded to the property and shall not create glare to other areas. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. This resolution was duly adopted. lk J GERA/{D P. GOEHRINGER, CHAI-R~ I,_ INSPECTORS Victor Lessard 'Principal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD 8CO'1'1 L. HARRIS, Supervisor Southold Town Hall EO. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: G. Goehringer, Chairman, Zoning Board of Appeals Gary J. Fish, Building Inspector SUBJECT: DATE: Appeal $4118 - Building Permit $21236- Z Gladys Milne Premises at 240 Knoll Circle, East Marion, N.Y. Suff. Co. Tax Map $1000-37-5-15 March 30, 1993 Please advise this office if you have made an inspection of the above premises, and if it is alright for this office to issue the Certificate of Occupancy for the deck addition. Thank you. GARDINERS BAY ESTATES HOMEOWNERS ASSOCIATION, INC. East Marion, New York 11939 August 5, 1992 Gerard P. Goehringer' Chairman Board of Appeals Town of Southold Town Hall P.O. Box 1179 53095 Main Road Southold, NY 11971 Re: Application 411'8 Gladys J. Milne Gardiners Bay Estates East Marion, NY 11939 Mr. Goehringer: The Real Estate Committee has no objections for the above applicant to construct a deck addition with insufficient side yard setback, etc. We call your attention to the New York State Uniform Fire Prevention and Building Code to section 716.3c. Open porches, verandas, and balconies, or enclosed porches with at least 60 per cent of glazed area on three sides, may be constructed of combustible materials provided they do not extend outward more than 10 feet from the building, or upward more than four feet above the ceiling of the second story, and. are not less than 3 feet distant at any point ~om a lot line or from similiar appurtenances on another building; i__f they exceed said limitations, they shall be constructed of noncombustible materials. The committe's interpretation is that the first three feet would have to be fire retarded wood. If the applicant doeSnot wish to have fire retarded lumber, then they would have to go before the New York State review board for a variance. Copy of this letter is being sent to the Town Building Department as it would probably be under their j~cer ely, Warren A. Sambach, Sr. P.E. cc: Town of Southold Buidlig Department jurisdiction. I/ II , ~'A 7 \ ./br. PAGE 24 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 APPEAL # 4118 Applicant(s): Gladys J. MAine Location of Property: 240 Knoll Circle, East Marion, NY County Tax Map No.: 1000-37-5-15 The Chairman opened the hearing at 7:35 p.m. and read the Legal Notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of the survey, actually 'it is the whole survey, dated December 23, 1989, updated or amended on April 4, 1990, and then again on May 7, 1990 indicating this somewhat pie-shaped parcel, which there is an existing one and half story frame house. The nature of the application is a deck with steps to the bulkhead on approximately the west side of the house. And I have a copy of the Suffolk County tax map indicating this and surrounding properties in the area. Is there anybody here who would like to speak in behalf of this application? Mrs. MAlne. GLADYS MILNE: I'm Gladys MAine. CHAIRMAN GOEHRINGER: Is is MAine, I apologize. Could I ask you to use the mike. MS. MILNE: Sure. CHAIRMAN GOEHRINGER: It is very rare that we receive an application that requires almost a zero line or building constructing almost on the property line. Could you explain to us why you want to do that? MS. MILNE: If I had more room, believe me, it would be good. I am on a sloped plot and I just felt ff I could level it off with a decK, it would be more or less ground level. I could put a chair, table and maybe enjoy it, get something out of it. Right now, it is useless. CHAIRMAN GOEHRINGER: When I was there, I think you were installing a new cesspool at the time? MS. MILNE: Not I. CHAIRMAN GOEHRINGER: No; okay. Two houses down, so I missed it, didn't go to the right, so I will have to come over this weekend and take a look at it again. so I MS. MILNE: Somebody was here. CHAIRMAN GOEHRONGER: Two houses to the .... PAGE 25 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 It is to the south, you were in the west side Of that Knoll Circle, this would be to the south. CHAIRMAN GOEHRINGER: So, I want to go more to the south, okay. MS. MILNE: The head of the Knoll Circle. CHAIRMAN GOEHRINGER: Actually, at the head end, alright. MS. MILNE: There isn't a lot of room, I wish there was, I wish I had more property. Just as I say, to give us someplace to go outside and sit, where it is level. Grey house. CHAIRMAN GOEHRINGER: It was Sunday morning and it was relatively early when I was there, so I didn't bother anybody, okay. MS. MILNE: Well, we get up pretty early, anytime .... CHAIRMAN GOEHRINGER: I'll stop over Saturday morning, probably around 8:00 a.m. or so, you don't have to get up though, you know, just know that I will be there. MS. MILNE: That will be fine, I don't know what else I can tell you. It's really, to me, no big deal, other than to put a table and chairs out there. We have a brick patio forward a Httie bit. CHAIRMAN GOEHRINGER: That is the one that is indicated as patio. MS. MILNE: Yes, and that is kind of even collapsing and faltlng and the dirt is not staying. That is why I felt that wood perhaps would be more permanent. It is very difficult to get dirt, you have to shovel it from one end of the property to the other. CHAIRMAN GOEHRINGER: Now, the portion of it that you are anticipating to be wood, is the portion directly adjacent to the house. Is that correct? MS. MILNE: Yes. CHAIRMAN GOEHRINGER: The brick one is going to stay brick. MS. MILNE: No, we are just going to go over it.. CHAIRMAN GOEHRINGER: You are going to go over the top of the bricks. MS. MILNE: Right over the brick because that is kind of falling in. CHAIRMAN GOEHRINGER: Okay. MS. MILNE: It will be over the brick and that is the side between the two homes. PAGE 26 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 CHAIRMAN GOEHRINGER: Okay. The path that is shown on side side of the house, is that a path for the houses in the back? has the right-of-way over that? the opposite Who MS. MILNE: It is path for all of the people in Gardeners Bay Estates to go the beach. It is a ten (10) foot right-of-way. CHAIRMAN GOEHRINGER: Alright. Because the first initial concern the Board is that of having access again to your basically your rear yard area, but since you have the path over there. of MS. MILNE: Oh, yea, we have room on the other side of the house. CHAIRMAN GOEHRINGER: Okay. I have to admit on the record, I have more trouble finding the houses in Gardeners Bay Estates. What I usually do, is go over to Warren Sanbach's, but it was too early that time. MS. MILNE: Well, go down Old Orchard Lane... CHAIRMAN GOEHRINGER: No, no. to the wrong house. I know how to get there, because I was MS. MILNE: You know now? Okay. CHAIRMAN GOEHRINGER: That is absolutely baffling because the road, some of the them are in the same name. I just stop at Warren's house and ask him all the time. I say "Warren, can you give me better directions". MS. MILNE: Well, we usually tell people to go down Old Orchard Lane. I tell them six houses for a right and a left, and then get there. And it works out pretty well. CHAIRMAN GOEHRINGER: Let us see if there are any other questions. Does any, Bob do you have questions of this lady. MEMBER VILLA: No, I was there. CHAIRMAN GOEHRINGER: Anything you would like to add for the record? No? MEMBER VILLA: No, except as you say, it goes right up to the property line. CHAIRMAN GOEHRINGER: Jim, do you have any questions? MEMBER DINIZIO: No, other than it is a small lot and you know, it's, as long as it is like somewhat to ground level, I don't know what would.. MS. MILNE: I don't want it in the air, I want it as close to the grass as we can put it, easily to build.. I just want a little place to put PAGE 27 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MS. MILNE (eon't.): a table and chairs. MEMBER DINIZIO: I think you put concrete there, you would have the same problem. It would just slide off. MS. MILNE: If we put concrete, we have, I have to build a retaining wall. MEMBER DINIZIO: To build it up. MS. MILNE: Yea, and I think that would maybe be more difficult. MEMBER 'DINIZIO: Yes, I agree. CHAIRMAN GOEHRINGER: Okay, I will come back and, I won't discuss with you, but I will take a look at it. MS. MILNE: I don't want to change too much, really, just sort of level the thing so we can use it. CHAIRMAN GOEHRINGER: And, your neighbor on that side of the bulkhead? MS. MILNE: I just saw him the other night and the one on the other side and he didn't mind at all. Both of them. CHAIRMAN GOEHRINGER: Okay. Yes? MR. ED BIRDIE:I am Ed Birdie, I live in Gardener's Bay Estates behind Warren. Warren is at the circus tonight, that is why he is not hero. I am President of the Association and I speak for the Association. And we have no problem with the deck with regard to the right of way which is the Association's property, which is next to Mrs. Milne. CHAIRMAN GOEHRINGER: Very good, thank you so much sir. I about the mix up, I apologize really. Next time, I will go at 10:00 and I will get Warren up... am MR. BIRDIE: It is to the right of the right of way, it is the house on the right of the right of way. MEMBER VILLA: Jerry, just one thing.. You were waiting for something from DEC, did you hear' anything from them. MS. MILNE: I had to send them more information. Three copies of plan and a photograph, that it was still a functioning bulkhead, and how to get there, a road map. So, I don't know. CHAIRMAN GOEHRINGER: Well, we have had an application before the for the last one hundred and twenty (120) days in Mattituck for the Mattituck Park District and still have had no activity on it, so, I don't know how long you will hear either. it sorry DEC PAGE 28 PUBLIC HEARING SOUTHOLD ZBA 7/29/92 MS. MILNE: They sent me to send more information, 'but other than that.. I think maybe ff I live long enough, maybe I will get it. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? (~uestions from Board members? We will make a motion closing the hearing, reserving my right to go back and reinspeet and we thank you both for eoming down. We will have a decision for you probably within two to three weeks. MS. MILNE: Thank you, see you soon. MEMBER 'GRIGONIS: Second. All in favor - AYE. End of hearing. Lorraine A. Miller (Transcribed by tapes recorded 7/29/92) NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section~ 267 of the Town Law and tim- 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 WEDNESDAY, JULY 29, 1992 commencing at, the following times: 7:32 p.m. Appl. No. 4118 ~ GLADYS J. MILNE. Variance- to the Zoning Ordinance, Arti- cle XXIV, Section 100-2441~ and Article XXIll, Sectio~ 100-239.4B for permission construct deck addition with in2 sufficient side yard setback, in- sufficient setback from existing bulkhead, and with lot coverage at more than 20070 of the code limitation. Location of Proper- ty: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. 7:37 p.m. Appl. No. 4115 - STEPHEN AND ELLA SCHMIDT. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct deck ad- dition with an insufficient rear yard setback at 340 Bay Have~: Lane, Southold, "Map of Bay Haven" Lot No. 27; County Tax Map District 1000, Section 088, Block 04, Lot 24. 7:40 p.m. Appl. No. 4023 -- CELLULAR TELEPHON~ CO. d/b/a METRO ONE. This is an Appeal of the March 14, 1991 Notice of Disapproval issued by the Building Inspector for an Interpretation under Ar- I ticle XXIII, Section 100-230i concerning a proposed 104 ft. height of a monopole structure for radio transmission, and in the alternative, appellant re- quests a variance from the~ height restriction. Location of Property: (#415) Westerly side of Elijah's Lane and the Norther-~ ly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board' Subdivision-approved map of, May 15, 1990; property now or formerly of Willam J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4 oart of I1. p.m. Appl. No. 4022SE -- CELLULAR TELEPHONE CO. d/b/a METRO ONE. Re- quest for Special Exception ap- proval under Article VIII, Sec- tion 100-8lB(I) and Article III, Section 100-31B(6) for an un- manned telecommunications building in an existing concrete block building and construction ~ of a monopole radio tower witht antenna for transmitting and receiving radio signals to provide cellular telephone services. Location of Property: (#415) Westerly side of Elijah's Lane and the Northerly Side of the Main Road (NYS Route 25), Cutchogue, NY; also shown on Planning Board subdivision- appproved map of May 15, 1990; property now or formerly of William J. Baxter and Others; County Tax Map Parcel ID No. 1000-108-4-part of I1. 8:00 p.m, Appl. No. 4116 -- ~ LINDA TAGGART. This is an ~ Appeal of the March 13, 1992 Notice of Disapproval issued by ' the Building Inspector under l, Article XIV, Section 100-142) and Article XXIII, Sectiofi '! 100-239.4B for approval or recognition of lot with a substandard size of 15,285 sq. ft., lot width (frontage) along the Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today, the pro- , perry is located in the Light In- dustrial (LI) Zone District. Location of Property: 68320 Main Road, Grecnport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:15 p.m. Appl. No. 4117SE -- LINDA TAGGART. Request for a Special Exception under Ar; i~ tide XIII, Section 100-13lB, as I referenced from Art c e X V,~ Section 100-14lB for permission i to establish retail gift shop in this Light Industrial (LI) Zone District. Location of Property: 68320 Main Road, Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No. 1000-53-2-2. 8:25 p.m. Appl. No. 4120 -- WILLIAM GOODALE AND: MATTITUCK AUTO CEN- TER, INC. Variance to the Zon- ing Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping pro- visions of the zoning code. Location of Property: 7655 NYS 2~ Route 25 (Main Road), Laurel,/" near Mattituck, NY; County Tax Map Parcel No. 1000- 122-06-30.1 (previously 30). 8:30 p.m. Appl. No. 4119SE -- RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-10lB(12) for a permit authorizing: (a) a new car sales establishment; (b) an establish- ment of an accessory use in- cidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) I outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Loca- tion of Property: 7655 Main/~ Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000- 122-06-30.1 (prey. 30). 8:45 p.m. (Reconvened from June 30, 1992) Appl. No. 4091 -- EUGENE M. LACOLLA. Variance to the Zoning Or- dinance, Article I11, Section 100-3lA and B, requesting per- mission to change use of a pot- ' tion of the subject premises, from residential to non- residential. Location of Proper- ty: North side of Main Road ~ (State Route 25), at Ar.z' shamomoque near Greenport, (abutting properties of Hollister's Restaurant, Mill Creek Liquors, The Pottery./ Place, etc.); County Tax Map Parcel Nos. 1~00-56-4-24 and 19. I 9:00 p.m. Appl. No. 4072 -- VARUJAN AND LINDA ARSLANYAN. Appeal of the November 26, 1991 Notice of Disapproval of the Building In- spector for a Variance to the Zoning Ordinance, Article; XXIII, Section 100-239.4A and Article XXIV, Section 100-244B, or Article 111, Section 100-32, for permission to construct I swimming pool and deck addi- tion with insufficient sideyard(s) and with insufficient setback from sound bluff/bank along the Long Island Sound. Loca- tion of Property: 54455 (North Side) of County Road Greenport; County Tax Map Parcel No. 1000-52-1-8. The Board of Appeals will at the above time and place hear any and all persons or represen- tatives desiring to be heard con- cerning these applications. Writ- ten comments may also be sub- mitred prior to the conclusion of the subject hearing. Each hear- ing will not start before the, times designated above. For i more information, please call 765-1809. i Dated: July 14, 1992. GERARD P. GOEHRINGER CHAIRMAN I By Linda Kowalski IX-7/16/92(6) COUNTY OF SUF FOLiOs.,: STA'I'['~ OF NEW YOP, K 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 tile notice of which the annexed is a printed copy, h,ls heen .pul)lishecl in saki Long Island Travelt. r. Watchman once each week for. .................... ~. .... weeks successively, commencing on die ......... /~' ~ Sworn m before me Ihis .. .................... (:lay or Notary Public B~RBAR~ ~. S~HNEIBER NOTARY PUBUC, State o[ New No. 4806846 ~ualilied in Su[lolk Co~nty/ Commission Expires 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 SCOT'f L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Mailing List of Legal Copies mailed 7/14/92: %ice for July 29, 1992 S: Mr. and Mrs. R. Milne P.O. Boxy4 East Marion, NY 11939-0394 Allen M. Smith, Esq. (Re: 737 Roanoke Avenue P.O. Box 1240 Riverhead, NY 11901-1240 Mr. Merlon Wiggin, P.E. Peconic Associates, Inc. P.O. Box 672 Greenport, NY 11944 J. Kevin McLaughlin, Esq. P.O. Box 1210 1050 Youngs Avenue Southold, NY 11971 Charles R. Cuddy, Esg. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901-1547 Mr. and Mrs. F.M. Flynn P.O. Box 144 Southold, NY 11971 (Re: (Re: (Re: Mr. and Mrs. Varnjan Arslanyan Apt. PH-11 South Building 1055 River Road Edgewater, NJ 07020 Mr. G. Townsend Smyser 302 Prospect Street Ridgewood, NJ 07450 Mr. and Mrs. Stephen Schmidt 450 Bay Haven Lane Southold, NY 11971 Cellular Telephone Co.) Moore & Moore, Esqs. P.O. Box 23 Mattituck, NY 11952 Mrs. Linda Taggart Box 249 Southold, NY 11971 Goodale) LaColla) LaColla) (Re: Arslanyan) (Re: Cellular Tel.) Mr. and Mrs. Richard Sherman P.O. Box 1002 Southold, NY 11971 Mr. and Mrs. Wilbur C. 527 Paramus Road Paramus, NJ 07652 Allcot Mr. Robert H. Whelan, P.E. P.O. Box 590 Mattituck, NY 11952-0590 (Re: Arslanyan) (Re: Arslanyan) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Diniz~o, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 29, 1992 S.E.Q.R.A. TYPE l'Z ACTION DECLARATION Appeal No. 4]18 Project/Applicants: County Tax Map No. Location of Project: Gladys J. Milne 1000- 37-5-15 240 Knoll Circle, East Marion, NY Relief Requested/Jurisdiction Before Th~s Bg~rd in.thi~,PrDject: Construct deck addition with insufficient sloe yara setbaCK, insufficient setback from existing bulkhead and with lot coverage at more than 20% of code limitation This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1523 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: July 10, 1992 RE: Zoning Appeal No. 4118 - G:ladys Milne Transmitted herewith is Zoning Appeal No. 4118 of Gladys Milne for a variance. Also included is Notice to Adjacent Property Owners; survey; plans; Short Environmental Assessment Form; ZBA Questionnaire; Notice of Disapproved, dated June 18, 1992 and signed by Gary Fish; and letter from the Board of Southold Town Trustees, dated June 26, 1992 granting a request for a waiver to construct a deck on west side of house with the request that drywells be installed on corners of the house. Judith T. Terry Southold Town Clerk 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART i--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 3. PROJECT LOCATION: 5. IS ~RO~$ED ACTION: ~ ExDansiofl ~ Modlflcatlo~lafferatlofl 6, DESCRIBE PROJECT BRIEFLY: ?. AMOUNT OF !_AND AFFECTED: i~ Yes ~o If NO, ~esctibe 0riefly 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? ~, NO II yes, fist agency(s) and 11. ~ ES ANY ASPECT OF THE ACT~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I CERTIF~ THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Aop.ica ,,,oo.,o, _.:_ n /__,qpv's t" /L X/E- t If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER 1 (Continued on reverse side) The N.Y.S, Environmental Quality Review Act requires submission of this form, and an environmental review will be ma~e by th~s ~oard · before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~! INSTRUCTIONS: (a} In order to answer the questions in this short EAF it is assumed that the prepare.r will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research Or other investigations will be undertaken. (b) If any question has been answered Yes the project may be Sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? _~_Yes 2. Will there be a major change to any unique or un~ual land form on the site? - Yes ~/No 3. Will project alter or have a large effect on a~ existing body of water? .. Yes 4. Will project have a potentially iarqe impact on groundwater quality? _ Yes No 5. Will project significantly effect drainage flow - on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on air quality? Yes V/No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=al importance or any site designated as a critical environmental area by a local agency? .___Yes o i0. Will project have a m~jor effect on existing or future recreational opportunities? - Yes ~o 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 or safety? 14. Will project affect the existing community by directly causinq a growth in permanent popula- tion of more than 5 percent over a one-year Yes~/ No period or have a major negative effect on the - charact~ of the community or neighborhood? 15. Is there pUblic controversy concerning the project? 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 their interests: (Separate sheet may be attached.) B. Is the s~jec~ p~emises listed on the real es~a~e marke~ ~or sale. or being sho~ to prospective buyers? { } Yes C. Are there anT~rupomals to uhange oT alter l~nd contours? { } Yes {~ No D. 1. Are there any areas which contain wetland grasses? /~O 2. Are the wetland areas shown on the map submitted with this application? y~ 3. Is the property bulkheaded between the wetlands area and the upland building area? /~J- 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? .y6~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? y~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fenmas which exist and are not ~hown on 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? /~L) If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~/~ If yes, please explain where or submit copies of deeds. I. Please list present us~?~_o~ons conducted at this parcel /'/0/'/~ - and proposed use ~,~_~p__ 3/87, 10/901k § 97-13 WETLANDS § 9%13 TOWN -- The Town of Southold. TRUSTEES ~ The Board of Trustees of the Town of Southoid. [Added ~5-84 by L.L. ~qo. 6-1984] WE'FL,~NDS [Amended 8-26-76 by L.L, No. 2-1976; 3-26- //5 by_~L~ No. 6-1985]: -"' ..... ~ ~I'DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tida~ waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following., salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundse], maxshm~ilow and 'mm'ah enrdgr~ss; (3) All lnnd immediately udjacent ~n a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Frcsnwater' wetlands" as defined in Article 24. Ti- tle i, § 24-0107, Subdivisions l(a) to l(d) inclusive, of thc Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75} feet landward of the most land- ward edge of a "freshwater wetland." 9705 z- =s. ss 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 SUPERVISOR SCOTT L. HARRIS Town Hall ~.~ 53095 Main Road '~ P.O. Box 1179 ~e,~_ -~ v>'- Southold, New' York 11971 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 26,1992 Gladys Milne Knoll Circle East Marion, NY 11939 Re: SCTM~ 1000-37-5-15 Dear Mrs. Milne: The following action was taken by the Board of Trustees at their regular meeting of June 25, 1992: RESOLVED that the Southold Town Board of Trustees approve the request for a waiver to construct a deck on west side of house with the request that drywells are to be installed on corners of the house. If you have any questions, please give us a call. ruly yours, President, Board of Trustees JMB/jmt (.,I Property Tax Service Agencyj,,~ .... i 037 PON D NOrgE t, LOT GAQ U'~'- ~, ELE STATE OF NE~RK) ) SS: COUNTY OF SM~.~OLK) C~ C~ of Mattituck, ~ ~d Co~, bei~ d~y s~m, ~ ~at he/s~ Is ~cipM Clerk of THE SU~LK T~, a Wee~y Nempa~r, p~l~hed at ~tflt~k, ~ the To~ of Southold, Co~ty of S~olk and State of N~ York, ~ ~t ~e Notice ~ w~ ~e ~exed k a p~t~ copy, ~ b~n ~- ly p~hed ~ ~ N~pa~r once ~ch ~k ~r [ ~e~ s~ssl~ly, comm~n~ on ~e [~dayof~19 ~ dayof ~ 19 ~ BOARD OF APPEALS, TOWN OF SOUTHOLD ! f In the Matter m' the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha.,~t.~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is Iocate~d adjacent to your property and is des- cribed as follows: ~ ~2/~7 /~/~(~9/- L (],/,~ C. ~ ~- 5. That the provis, ions 9f the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article 3:',/~5,~/ Sect_ton [ ] 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 Southotd Town Clerk's Office at Main Road 5outhold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, 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 0wne r s ' Na me s :~:~.__~ Post Office Address ~ ~,/ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOFOF Mt ATTACH CERTIFI~ PS Form 3800, June 1990 ~c~z~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.:  ,~/~D~/~ g= /~/~J/~ , residing at ~z~ /~/~.LZ C~_.//~C.Z.~' ~ ~'-/- /~/~/~/'Z)/-/ ,AJ. ~, , being duly sworn, deposes and says that on the ~ day of ~7/,L~/' , 1 9 ~',.g---- , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~.~'-/~ /L~,~ ~/~2/J ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to.before me this JO day of (~c,~/-.~L , 19 / '~t~y Public' UNDA ~. ~OO~R N~a~ Public, S~ of N~. T~ ~Jr~ ~ ~1, (This side does not have to be completed on form transmitted to adjoining property owners.) NOTICE IS HEREBY GIVEN, pu~uant to Sexton 26'/ Of the Town Law and thc Code of the Town of Southold, the following matters will be held for public hearings before thc sOUTIIOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold. New York 11971, on WEDNESDAY, JULY 29. 1992 commencing at the following times: 7:32 p.m, AppL No. 4118 -- GLADYS I. MILNE. Variance to the Zoning Ordinance. Article XXIV. Sccfio~ 100-244B. and Aninle XXBI. Sextitm 100-239,4B for pc[mission to construct deck addition with insuffi- cient side yard setback, insufficient 0 setback from existing bulkhead, and · with lot coverage at more than 20% of thc code limitation, Location of prol~ny: 240 Knoll Circle, :East Mar- ion; County Tax Map District 1000. Section 37, Block 5, Lot 15; Gar- diners Bay ~$tates Lot No. 31, 7:37 p.m. Appl. No. 4115 -- STEPIIEN AND ELLA SCttMIDT. Variance to the Zoning Ordinance. Article XXIV. Section 100-244B for permission to construct dcck addition with an {nsuIficlent tear yard setback at 340 Bay tlaven Lane, Southold, "Map of Bay tlaven" Lot No. 27; County Tax Map District 1000, Sec- lion 088. Block 04. Lot 24. 7:40 p,m. AppL No. 4023 -- CEL- LULAR TELEPHONE CO, d/bls METRO ONE. This is an Appeal of ~ the March 14, 1991 Nctice of Disap- / proval issued by the Building ~nspe~- tot for an ~merprctation under A.nicle XXH] Section 100-230 concerning a proposed 104 ft, height of a monopole structure for radio transmission, and in the alternative, appellant rexluests a variance from ~h¢ height restriction. Location of Property: (#415) We~tedy side of Elljah's Lane and the Norther- ly Side of thc Main Road (NYS Route 25). Cutcbogue. NY; also shown on planning Board subdivision'apl~°vnd map of May 15. 1990; property now or formerly of William J, Baxter and Others; County ~ax Map parcel 1D ,r formerly of William .L Baxter and Others; County Tax Map Parcel ID No. 1000-10g-4-part of 11. 8:00 p.m. Appl. No. 4116 LINDA TAGGART. Th's is an Ap- peal of the March 13, ~992 Notice ?f Disapproval issued by thc Build- lng Inspector under Article XIV, Section 100-142 and Article XXIII, Section 100-239.4B for approval or r~cognirion of lot with a subslandard size of 15.285 sq. ft., lot width (frontage) along thc Main Road 76.46 feet, and lot depth 125.0 feet. At the time of transfer of title, the property was located in the B-Light Business Zone. Today. the property is Iocaled in the Light Industrial (LI) Zone District. Location of Properly: 68320 Main Road, Grecnport; Map of Peconic Bay Estates Lot Nos. 185 and 186; County Tax Map Parcel ID No, 1000-53-2-2. 8:15 p.m. Appl, No, 4117SE -- LINDA TAGGART. Request for a Special Exception under Article XIII. Section 100-13lB. as refer- enced from Article XIV, Section I00-141B for permission to estab- lish retail gift shop in Industrial (LI) Zone District. Loca- tion of Property: 68320 Main Road. Greenport; Map of Peconic Bay Estates Lot Nos. 185 and 186; Coun- ty Tax map Parcel ID No. 1000-53- 2-2. 8:25 p.m. Appl. No. 4120 -- WILLIAM GOODALE AND MAT- TITUCK AUTO CENTER, INC. Variance to the Zoning Ordinance. Article XXI, Section 100-212B for relief from the front yard landscap- ing provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. I000-122~6-30. I (previ- ously 30). 8:30 p.m. Appl. No. 4119SE -- RICHARD GOODALE AND MAT- TITUCK AUTO CENTER, 1NC. (Tenant). Special Exception to the Zoning Ordinance Article X. Section !00-10lB(12) for a permit authodz- tion of thc subjcct premises, from residential to non-residential. Lo~a- tion of PropetXy: North Side of Main Road (State Rout~ 25), at Arahamo. moque near Greenport, (abutting properties of ltolllstcr's Restaurant, Mill Creek Liquors. The Pottery Place. crc.); County Tax Map Parcel Nos. 1000-56-4.24 and 19, 9:00 p.m. Appl, No. 4072 -- AppL No. 4072 -- VARUJAN AND LINDA ARSLANYAN. Appeal of thc November 26, 1991 Notice of Disapproval of Iht Building lnspee. tot for a Variance to the Zoning Or- dinance. Article XXIII, Section i00- 239.4A and Article XXIV, Section 100-244B, or Article III, Section 100-32, for permission to construct swimming pool and deck addition with insufficient sideyard(s) and with insufficient setbac/k from sound bluff/bank along the Long Island Sound. Location of Property: 54455 (North Side) of County Road 48, Greenport; County Tax Map Parcel No. 1000-52-1.8. The Board of Appeals will at the above time and place hear any and ~11 persons or representatives desir- xng to be heard concerning these applications. Written comments may also be submitted prior to the con- clusion of the subject hearing. Each hearing will not stun b~forc the time designated above. For more infor- mation, please call 765-1809. Dated: July 14, 1992. GERARD R GOEHRINGER CHAIRMAN By Linda Kowalski 7442- ITSv 16 a~ofll lng: (a) a new car sales cs 7'50 0 m Appi. No. 40~2~1: -- meat; ih) an establishm~t of an ] ' '-Z'A~ T~L~PHON~ CO. acces~o~ use inc'dema to the m CELLOL ,, P - , ~ ~ tions building in mn ~xtsung ~' %~{ fi~ ~ ~ ~