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HomeMy WebLinkAbout4090 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 SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4090. Upon Application of MR. AND MRS. LLOYD KANEV. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition to existing dwelling for increased livable floor area, all of which is to be situated at less than 100 feet from the top of the bluff along the L.I. Sound. Location of Property: 355 Rosenburgh Road (Private Road #3), East Marion, NY; County Tax Map Parcel ID 1000-21-01-27.1 (inclusive of Lot Nos. 11, 13.3, 27, 29 and 30). WHEREAS, a public hearing was held on March 25, 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 easterly addition to the existing dwelling structure. The Building Inspector's Notice of Disapproval upon which this appeal is based is dated March 3, 1992. 2. Proposed in this variance request is approximately 1600 sq. ft. of actual floor area at the easterly area of the existing dwelling, all as more particularly shown on sketches prepared by Robert A. Bayley, A.I.A. The closest portion to the bluff line of the proposed new construction is shown to be at 58 feet. 3. The dwelling as exists is shown to be 28 feet from a bluff edge (although the actual setback appears to be much less). The bluff edge dips inward toward the dwelling and is closer to the dwelling at some areas while it is more distant at other areas. The area chosen for the proposed addition has more Page 2 - Appl. No. 4090 Matter of LLOY~D AND KAYE F3kNEV Decision Rendered April 2, 1992 of a setback due to the bluff boundary variations. The bluff face on the property appears to be well vegetated with woody vegetation and appears stabile. There is a large depression in the rear yard area of the dwelling where the wing expansion is proposed. It will be necessary for the owner to provide for surface piping and drywells landward of the rear of the house to retain runoff water from the roof areas. 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. It is also noted for the record that Article XXIV, Section 100-242A of the zoning code activates the need for a variance when the degree of nonconformance is enlarged or expanded. Although the present setback of the closest section of the house to the bluff line is shown to be 28 feet, there is no waiver for expansions outside the footprint of the house and within 100 feet of the bluff. 6. Correspondence has been received from the office of the Town Trustees confirming that the addition as proposed is not within their jurisdiction under either the Coastal Erosion Hazard Act (Ch. 37) or the Town Wetland Ordinance (Ch. 97). 7. To date, no communications has been received from the N.Y.S. Department of Environmental Conservation, and it is understood that an application is still pending before their agency at this time. 8. It is the position of this Board that in considering this application: (a) the relief requested is su~bstantial in relation to the requirements - however, the area of construction is landward of the existing dwelling; (b) the grant of the requested relief will not alter the essential character of the neighborhood since there is construction already existing with a similar or closer setback; (c) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (d) the difficulties claimed have not been created by the landowner - the dwelling preexists the enactment of zoning (1957); Page 3 - Appl. No. 4090 Matter of LLOYD AND KAYE KANEV Decision Rendered April 2, 1992 (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) there is no alternative for appellant to pursue except to separate living quarters in a detached building more than 100 feet from the bluff line; (g) 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. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for the proposed addition to existing dwelling as applied in the Matter of MR. AND MRS. LLOYD KANEV under Appl. No. 4098, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the proposed 1600+- sq. ft. addition to the dwelling be located not closer than 58 feet to the bluff line, requested and shown on the plan described, supra; as 2. That the use of the new addition shall be a part of the existing single-family dwelling use, as proposed; 3. That there be no physical disturbance to or close to the bluff area, and that hay bales shall be placed at 55 feet from the bluff line, to within 20 feet north towards the bluff, and wrapped around the proposed construction and building activities. Vote of the Board: Ayes: Goehringer and Dinizio. Nay: duly adopted. (Margin: 4-1). Messrs. Grigonis, Doyen, Member Villa. This resolution was lk 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 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 $outhold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAy,MARCH 25, 1992 commencing at the times specified below: (1) 7:32 p.m. Appl. No. 4090 - MR. AND MRS. H. LLOYD K3%NEV. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition to existing dwelling for increased livable floor area, all of which is to be situated at less than 100 feet from the top of the bluff along the L.I. Sound. Location of Property: 355 Rosenburgh Road (Private Road #3), East Marion, NY; County Tax Map Parcel ID 1000021-01-27.1 (inclusive of Lot $s 11, 13.3, 27, 29, & 30). (2) 7:40' p.m. Appl. No. 4086 - ANTHONY AND HELEN COUTSOUROS. This is an application requesting a determination confirming or Southold Town Board of Appeals recognizing this nonconforming vacant lot as a substandard lot, under Article III, Section 100-32A, and Article XXIV, Section 100-244 of the Zoning Ordinance. Any future application for a single-family dwelling is, of course, subject to receiving building permits, septic and well approvals, etc. as required by other agencies. The subject lot is located in the R-40 Residential Zone District, and is a described parcel of land acquired through deed conveyance on 2/30/60 to the present owner. Location of Property: 1125 (Westerly Side of) Tucker Lane, Southold, NY; County Tax Map Parcel ID No. 1000-59-10-12. This parcel contains a total lot area of 20,000 sq. ft. and lot width of 100.0 feet. (3 & 4) 7:45 p.m. Applications by WILLIAM C. GOODALE (Owner) and RICHARD GOODALE (Tenant) concerhing premises known as 7655 Main'Road, Laurel (near Mattituck), NY, County Tax Map Parcel No. 1000-122-06-30.1 (previously 30), under: (a) Appl. No. 4092 for a Variance to the Zoning Ordinance, Article XXIV, Section 100-102, Bulk Area Schedule, for permission to locate a third principal use on this 36,155 sq. ft. parcel. Third principal use is for the establishment of new car sales and for the establishment of an accessory use incidental to the new car sales establishment for the sale and/or leas~ of used vehicles. Also, as an alternative, a Southold Town Board of Appeals variance is necessary to substitute the proposed vehicle sales/lease uses for one of the existing residential uses. The subject premises is located in the "B" General Business Zone District and a Pre-Certificate of Occupancy indicates that the premises has been improved and occupied with two principal buildings, each with one single-family dwelling use. (b) Appl. No. 4093 - WILLIAM C. GOODALE (Owner) for a Special Exception under Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales estblishment, (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. {5) 8:00 p.m. Appl. No. 4070 - DALCHET CORP., WILLIAM AND LORRAINE ORLOWSKI. Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for approval of: (a) proposed Lot No. 3 containing less than 80,000 sq. ft. in this R-80 zone district {the remaining four lots will meet the 80,000 sq. ft. size requirement), and/or: (b) Article XVIII, Section 100-181C(2) for'approval of the total area of 9.04 acres for a density of five proposed lots in this mixed R-80 and R-40 Zone District. Location of Property: Westerly side of Harbor Lane, Southold Town Board of Appeals Cutchogue, NY; County Tax Map Parcel No. 1000-097-6-17 and 1000-103-1-20.5 and 20.6, containing a total area of 9.04 acres. (6) 8:20 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. This is an appeal for an interpretation, resulting from the October 11, 1991 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that aquacultural use falls within the purview of agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-04-23; also known as Lot %3 of the Minor Subdivision of Judith To Terry approved by the Southold Town Planning Board 10/1/7g. %~ne 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 co~ents may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: March 5, 1992. BY ORDER OF THE SOUTHOLD TOW/~ BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski Copies have been forwarded to the following on or about 3/10/92: L.I. Traveler-Watchman, Inc. (fax transmission) Times-Review (fax transmission) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL _~..~. ~...~..~.,. ~..~,...t.~.l ~.~... PLEASE TAKE NOTICE that your application dated .... ...... ~ ..............19 .~...~.~--. for permit to 0~..~...Y~., .~q...o.~..~ · - at ~~. ' o?~. ........... :" Location of Property . ~. < ~.. ~ .... ~.~..~.~ . . House No. ' ' St/e~t Ham/er County Tax Map No. ~000 Section ...~ ~ ) ...... mock ..... ~ ~ ......Lot .. &R.. ] ...... Subdivision ................. Filed Map No ................. Lot No .................. ._ ..... :~ ................ ~ ....~ ..... ~.~ ...... ~ .............. ~ .... ~ ................... ~... .... ....................... :.. ................. ............ ..................................... ..................... Building lnspector Rv 1/80 FORM NO. 1 ' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765-1803 E×amincd ................. I9... '\pproved ................. ID... Permit No ............ Disapproved a/c ..................................... ~gD OF HEALTII ......... 3 SETS OF PLA~,IS .......... SURVEY ................... ClIECK .................... SEPTIC FOR,H .............. NOTIFY; 7.7 ...... HAIL TO: (Building Inspcctor) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ~'ts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relatinnship to adjoining premises or publ/c streets r areas, and giving a detailed description of layout of property must be drawn on tLie diagram which is part of this appli- ation. c. The work covered by this application may not be cbmmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the :uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or '.egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. 'he applicant agrees to comply with all applicable laws, ordinances, buildi~ode, housing code, and regulations, and to dmit authorized inspectors on premises and in building for necessary inspedt'i~)~. ~--~ ~) / (S~gn, ature of applicant, ~ ~l~e,,lf a corporation) (Mailing address of applicant) ;rate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder~ jrct ; 4ameofownerofpremises ./'].~.~[O.c/~t '-~ RCi.~?~ ~", (as on the taxx roll or latest deed) £ applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. l~..~.~C(2! ( Plumber's License No. 5[l't I Electrician's License No. Other Trade's License No ...................... Locat'onoflandon whiehproposed wor w,, bedone/ tt tlouse Number .Street Hamlet County Tax Map No. lO00 Section ...... ~.. ~/ ....... BI mi Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: lte 'l a. Existing use and occupancy .... .O..I. lc~. ......;,B.t .'~ .. ,~.(~ q !~(_~. -- ~L . b. Intended use and occupancy ....... ?; .- .................. .~..-.. .. 3. Nature of work (check which applicable): New Building .......... Addition . ~ .... Alteration Repair .............. Removal .............. Demolition .............. Other Work ............... 4. Estimated Cost ... ~ b~Z~ ~ 0~7~_~ ..... (Description) (to be paid on filing this application) 5. If dwelling, number of dwelling units .... l Number of dwellin~ units on each fl · If garage, number of cars ......... ~z-:... C...~9.~,3 .......................................... 6. If business, Commercial or mixed occupancy, specify naat, ure and extent of each t.,ype of use .......... , ......... 7. Dimensionsofexistingstructures if any' Front -b~' Rear .~ Depth ii ..~. ......... Height ... ,~-~ ........ Num her o f Stories ..... Dimensions of ' ";~i' '?i~d~2' ~.~',~ .... l{;.~r' .................. same structure with alterations or additions' Fr Depth ................. Height ............................... ........................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ~.~i~F---.. ~W.~,3 . Rear ... De th .. Height ......... / ..... Number of Stories . - ~. '/ ............ P ............ 9. Size of lot Front (.'5.~C~ ~IX~U~c,x, .~ ..................................................... I0. DateofPurchase ' i~:~ '1~ ...... ~ear..~ ...... '-' ........... ,D~epth ..: ........... ;'' ., .. ' ........................ ~ame of l~ormer Owner . .'~,~.~.~.~ 1oo~ 11. z~one or use restrict in which premises are situated ..... ~ ~.0. .......... ' ~t~'~'~ T'~ ~'~.~5 '~"};?O''7 .~.q..2.-... 12. Does proposed construction violate any zoning law ordinance , ' . 13. Will lot be regraded . .t~4[ , ,,,., or re~,u~!,a~on. 'l~..C~! ~ ~. ( ~.[Y.~-'C~ .nc~ .¢..~.~.~.~¢.ct~ 14. . - ·: ..... ~; ...... *-~ln excess llU De removea ~rom premises: Yes -- Name of Owner of premises .L!o..qd gK.,~, u~ k,,Z)~,~,l ,,, ,r~ v. o~ ..... ~ Name of Architect ~'~h~.~. ~r~,¢?'~" ' ' ' ~%" ' .aa, a,ress ~'~'-~'?'~' .I.'(l~., ..... Phone No ................ Name ofCnntrnc, tc~' '[~'~3t-~J2~,~Jr~'t"~'[ ......... ,~aaress 15~.)[5-~5..~. ;~? .L~. r~.. Phone No .~1~ ~'7~ · ~ ........... .~.'~,~.~-.,,e..'-v, .............. A'~'q ..... .... t~ ,,~ ,, ' ......... · If yes, Southold Town Trustees Permit may be required· .. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from ~roperty lines. Give street and block number or description according to deed, and show street names and indicate whether nterior or coruer lot. 'ATE OF NEW YORK_,, ~_, S S )UNT¥ OF ..... ..... ........ ~..&t4 !~ :/ ................. being duly sworn, deposes and says that he is the applicant (Name of individual sigJing/contract) ore named. (Contractor, agent, corporate officer, etc.) said owner or owners, ~d is duly authorized to perform or have performed the said work and to m~e ~d file this >lication: that all statements contained in this application are true to the best of his knowledge and belief; and that the rk will be perfomed in the m~ner set forth in the application filed therewith. om to before me this / ~) ................... ~dhy of .~. ~%~ ~* ,19~~ ra~ Public ..... ' ........ '~ ' ~X~' ' ' ~ ' ..... ........ (:' . ........ RECEIVED APPEAL FROM DECISION OF BUILDING INSPECT. OR, ,~ aou~hold Town Clork TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. Name of Appelk~nt (~c'~h) Street and Number ..... .~mL...~ .~.!:~. ............................... ~t).~..~.~..'J ........ hl...Y. .............. .ERE.Y ^PPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ~ 1~?~- APPLICATION FOR PERMIT NO ..................................... DATED ..... I~.v.~.~..~.v.~......~ ................ WHERE"Y THE BUILDING INSPE~OR DENIED TO ...... .~k~ ~, ........... :.....~.¢..,d~7 ........................ Name of Applican~ for permit ..................................... 7 .................................. ~ ..................... Street and Number Municipali~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) l. LOCATION OF THE PROPERTY .~.~.~...l.~..~.~.~.~.t.%..9,~.;._.~q I.,,~ O,Itreet'~ 'H~EI .................... ..~.~....0. ....................... S / / U~ District on Zoni~ ~p Map No. 'L~ No. Prior Owner ~ 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LEO (l~icate the A~icle ~ti~, S~- s~tion and Paragraph of the Zoning Ordinance by numar. Do not quote the Ordinance.) Article ~9, ~ Section ~ 3. ~PE OF APPEL Appeal is made herewith for (please check appropriate box) (~A VARIANCE to the ~ing Ordi~nce or Zoning Map ( ) A VARIANCE due to lack of access (State of N~ York T~n L~ C~p. 62 ~ns. Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit [ ) request for a variance .~ax.c.~ .... .l~.~.~ and waS made in Appea! No ................................. Dated ...... .~. ~ ......................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (L/)x A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF T~...OJ~4~l~,~$~,~ld produce practical difficulties or unn~- 2, ~'~rds~p created is UNIQUE and is not shared by al prope~es alike in the imitate , vicinity of this pr~edy ~ in thi$ u$~ distriCt becouae T~{~ ~ ~ ~[~ ~1~ ~9~O~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE mSTmCr bec°use ~ h~'J.l~', w:kq a~;'fi~'n COUNTY OF S~) / Signature Sworn *o fhis/zEi~. ..................................... doy ......... .... ~,, , RECORD ' -..¢~ '/~-~ / -/'~.Z? / TOWN OF SOUTHOLD PROPERTY CARD ~ OWNEI~.I. ~.(.~-~.?~.~-:~?,1~,-~/ STREET VILLAGE DIST SUB. LOT . LI~.,~I H~v w .;.,';'' "- /' -. ~ , ., --., , _ ~' FORMER OJWNER ~. ~,,..T-, E ACR. ~ ~ ~ , S~ W ~PEOFBUILDING' , RES ~0 S~S, VL 'FARM COMM. CB. MISC. Mkt. Value ,, , I ' ' FA~ Acre ValueAcrePer Value ~ / /. ~ ~,~ ~~'/~l"~(J~-'' '/ ~ ~ ~ -"~O' Tillable 2 'Tillable 3 ~l~nd ' , . ' FRO~AGE ON WA~R ~Swamp~d ~ ~ FRO~AGE ON ROAD Plot - DE~ , ~,T°t~ ~ COLOR TRIM M. Bldg~ Extension Extension Extension Porch Porch Breezeway Garage Patio ~ 0.18. Total ~undation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer ~Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Dinette LR. DR. BR. FIN. B. ~,.' ~! I tl OW N E R ;T R E ET FORMER OWNER N.~ i" RES. SEAS. TOWN OF SOUTHOLD PROPERTY RECORD CARD LAND IMP. TOTAL /DO J',IORMAL Ac re NEW AGE FARM FARM DATE BUILDING CONDITION BELOW ABOVE Volue Per Vclue Acre VILLAGE DIST. : SUB. LOT W ~ / ~PE OF BUILDING REMARKS ~Tilloble FRONTAGE ON WATER Woodland House Plot FRONTAGE ON ROAD DEPTH BULKHEAD DOCK DEPARTMENT OF PLANNING COUNTY OF SUFFOLK April 22, 1992 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~KarChiano, Evelyn P. neu, Mr. & Mrs. Lloyd 4089 4090 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner (516) 853-5192 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 1197! Fax (516) 765-1823 Telephone (516) 765-1800 Pttrsua_nt to A~rti=le ~ of the Suffolk Cot~nty Ad~st-rative Cc~e, ~e Board of /%ppeals of the Town of Southold, New York, he_re, by refers the follc~ing to the Suffolk ODt~nty Plaru%J_ng C~a~.~ssion: XX Variance from the Zoning Code, Article XXIII , Section 100-239.4 __ Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section __ Special Permit Appeal No: 4090 Applicant: bit. and Mrs. Lloyd Kanev Location of Affected Land: 355 Rose~urgh Rd. (P~rt. Rd. 33)., County Tax Map Item No.: 1000-21-1-27.1 Within 500 feet of: Town or Village Boundary Line East~Z~rion, NY 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 const]ruct sddJ..tJ_on toe xisting ctwelling for increased livable floor area, ~kll within 100' frown top o[ bluff alohg LI Sound ~pies of Town file and related documents enclosed for your review. Dated: April 16, 1992 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 April 15, 1992 Mr. Robert T. Bayley, A.I.A 150 Lakeview Terrace P.O. Box 595 East Marion, NY 11939 Re: Appl. No. 4090 - Lloyd Kanev (Variance) Dear Mr. Bayley: Please find attached a copy of the Board's findings and determination rendered at our meeting of Thursday, April 2, 1992 concerning the above application. Please be sure to return to the N.Y.S. Department of Environmental Conservation, Town Building Department, and any and all other agencies which may have jurisdiction before commencing building activities. A copy of this determination has also been furnished this date to the Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning P.S. Also, please find attached a copy of communications from the Suffolk County Soil and Water Conservation District with recommendations on anticipated runoff water problems from the roof areas. You should feel free to contact their office directly if you have questions or need additional information. Page 3 - Appl. N~090 Matter of LLOYD A~KAYE KANEV Decision Rendered April 2, 1992 (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) there is no alternative for appellant to pursue except to separate living quarters in a detached building more than 100 feet from the bluff line; (g) 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. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for the proposed addition to existing dwelling as applied in the Matter of MR. AND MRS. LLOYD KANEV under Appl. No. 4090, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the proposed 1600+- sq. ft. addition to the dwelling be located not closer than 58 feet to the bluff line, as requested and shown on the plan described, supra; 2. That the use of the new addition shall be a part of the existing single-family dwelling use, as proposed; 3. That there be no physical disturbance to or close to the bluff area, and that hay bales shall be placed at 55 feet from the bluff line, to within 20 feet north towards the bluff, and wrapped around the proposed construction and building activities. Vote of the Board: Ayes: Goehringer and Dinizio. Nay: duly adopted. (Margin: 4-1). Messrs. Grigonis, Doyen, Member Villa. This resolution was lk GERARD p. GOEHRINGER,/CHAIRMAN / 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 March 5, 1992 Zoning Appeals Appl. No. 4090 - ROBERT T. BAYLEY (ARCHITECT) - LLOYD & KAYE KANEV Transmitted herewith is Zoning Appeals Appl No. 4090 - ROBERT T. BAYLEY (ARCHITECT) - LLOYD & KAYE KANEV together with the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, Map of proposed addition, a copy of the application for Building Permit, a copy of the deed, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of the Tax Map, First & Second Floor Schematic Design Plan. Judith T. Terry Town Clerk Page 31 Public Hearing Southold ZBA 3/25/92 appeal 9 4090 Applicant (s): Mr. & Mrs. H. Lloyd Kanev Location of Property: 355 Rosenburgh Road (Private Rd. 93) East Marion, NY County Tax Map#: 1000-21-01-27.1 (Inclusive of Lot 9s 11, 13.3, 27, 29 & 30) The Chairman opened the hearing at 7:38 p.m. and read the Notice of Hearing and the application for the record. CHAIRMAN GOEHRINGER: I have a copy of a floor plan and a copy of a sketch of a site plan indicating the approximate dis- tance from the irregular lip of this particular bluff and its closest point is approx, fifty-eight (58) feet, even thouqh the house, at its closest point as it exists is approx, twenty-six (26) feet and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Bailey would you like to be heard? MR. ROBERT BAYLEY: Yes, well I think the evidence speaks pretty clearly for itself. The thing that is peculiar about this situation, is that the house does not have any bedrooms and when the owners bought the house, they bought it knowing that it didn't have any bedrooms and clearly they would like to have bed- rooms, but they don't want to put the bedrooms in the existing house, because the interior is very special. And it really is very much like a barn inside or a log cabin. And it has one big open space, such as a mezzanine, and the me anine isn't big enough for a bedroom. The ground floor is the living space, kitchen and two small bathrooms, so with that fact facing us, thatm~ans the architect and the owner, thought the only way to go was to put the bedrooms in an addition outside the original so that is why the house has an addition outside the footprint of the house and that is why it is much a separate building and it is back as far as reasonable and still make it an efficient house. CHAIRMAN GOEHRINGER: May I ask the approximate size of the square footage of the addition. MR. ROBERT BAYLEY: I including the length, sixteen hundred (1600) think that the addition is about, that is the connection to the house, square feet. about CHAIRMAN GOEHRINGER: Will there be a full basement placed underneath there. MR. ROBERT BAYLEY: There will be a full basement and it would be two (2) stories, as you can see from the plan. The first floor would be one (1) bedroom, bathroom, and service closet area~. And then the second floor would be a second bedroom. So that there would be two (2) bedroom addition. Page 32 PUBLIC HEARING Southold ZBA 3/25/92 CHAIRMAN GOEHRINGER: Are there any other governmental agencies that are involved in this thing. Has the DEC given you a waiver? MR. BAYLEY: The DEC is involved inasmuch as they could have jurisdiction, but they don't have jurisdiction, they don't have jurisidiction in this case I am told by Victor Lessard because we're fifty (50) feet above sea level or mean sea level, so we don't have, we don't fall within their area. The Town Trustees, I have sent a letter to them, I haven't heard from yet. I did speak to John Bredemeyer and he did indicate that, in his opinion, they would not take jurisdiction, but I haven't had a written response yet. CHAIRMAN GOEHRINGER: And how does this lie on that new Coastal Zone Management Act? MR. BAYLEY: I checked to see if that was affected, and it was not. In fact, John Bredemeyer checked that out with me. CHAIRMAN GOEHRINGER: Okay, so that basically the buck stops here, more than likely with this Board with reference to the particular area of the Code 239 .... MR. BAYLEY: I would say so, as far as I know there isn't any other governmental body that would review this. CHAIRMAN GOEHRINGER: The reason why I asked that question, is because if there is any imposition by this Board of haybales oranything during construction, we would want to impose that, if no other agencies are going to be involved in this thing. MR. BAYLEY: I understand, that is reasonable. CHAIRMAN GOEHRINGER: Okay, so we will deal with that aspect of it and we will see what develops through the hearing. We thank you for your completeness of the file, and we will see what develops. And I know you are looking for a decision as quickly as possible. And we will do the best we possibly can for you. Is there anybody else who would like to speak in favor of this application? Anybody who would like to speak against this appli- cation? Any questions from Board Members? Bob? MEMBER VILLA: Well yes, I have one (1) question. It is possible to skew that building around a little bit so that you get a little further back from the bluff. So no matter how you situate it, you are still going to have your beautiful views. MR. BAYLEY: Well, frankly, technically it is possible sure. We could take the new addition and we could turn it. But I don't think it is good architecture. I can't really say that there is any technical reason for not doing that. I just don't think it would look good. In fact, I brought a model with ~e Page 33 PUBLIC HEARING Southold ZBA 3/25/92 if I may, I'll .... CHAIRMAN GOEHRINGER: Sure, we would love to see it. MR. BAYLEY: I use this over to help show some light. I did this to investigate the merits of. Let me see if I can. So what we are looking at. This is the existing house, this is the existing garage and one drives in from where you are seeing, and the front door is here. This is the addition, so the cliff is here where I am standing. I am in the water. The addition is here and I just don't think it is good to take this, it is not right, it just doesn't work as well architecturally. These are very strong, simple elements architecturally, and I just think it is better. I think it will look more like it belongs as one entity. And I think if there are any neighbors there, I don't know if there are any neighbors in the audience, but I think if anybody else viewed this, they would say it looks more like it was built at one time perhaps, or it was built with good harmony. So this shape is an echo of the other shapes and they are on the same axis really for a, mainly for the purpose of having this look like it was one entity and it was designed at one time with one thought in mind. CHAIRMAN GOEHRINGER: Thank you sir. Any other questions in the audience? Board Member? Having no further questions, I make a motion closing the hearing, reserving decision until later. End of hearing. (Transcribed by tapes recorded on March 25, 1992) COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE L SOIL AND WATER CONSERVATION DISTRICT April 7, 1992 Mr. Gerard P. Goehringer, Chairman Town of Southold Bqard of Appeals P.O. Box 1179 Southold, New York 11971 Dear Mr. Goehringer: Regarding your request for our assessment of the Kanev property for a new wing expansion .to an existing dwelling, please be advised that a site inspection was conducted on March 26, 1992. During the inspection it was noted that the bluff face on the property is well vegetated with woody vegetation and appears stabile. At the top of the bluff the land slopes away from the bluff and into a closed depression. There is another larger depression in the rear yard area of the dwelling. The proposed wing expansion would be located between these two depressions. Consequently, the increase of storm water surface runoff due to the construction could not directly have an affect on the bluff. Additional runoff water entering the depres- sion closest to the bluff could cause problems of slippage on the lower bluff face due to seepage. Therefore, I recommend, that runoff water from the roof of the new wing be conveyed toward the depression in the rear yard. Surface grading or piping and drywells could be used to accomplish this. If there are any quesitons or if you require addtional information do not hesitate to contact this office. Sincerely, Senior District Technician Riverhead County Center Room E-16 Riverhead, New York 11901 - 3398 TRUSTEES John M. Bredemeyer, IH, President Henry P. Smith, Vice President All~tt J. Kmpsld, ~r. John L. Bednoski, Jr. John B. Tuthill Telephone (516~'765-1892 Fax (516) 765-1823 March 30, 1992 Robert T. Bayley A.I.A. P.O. Box 595 East Marion, NY 11939 RE: Lloyd Kanev SCTM #1000-21-1-27.1 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Mr. Bayley: I want to apologize for not getting back to you sooner as planned; finally the NYSDEC returned my call. The proposal you have requested for Mr. and Mrs. Lloyd Kanev dated February 24, 1992 and showing a proposed addition fifty eight feet from the bluff of Long Island Sound is not within the jurisdiction of the Trustees under the Coastal Erosion Hazard Act (Chapter 37) and Town Wetland Ordinance (Chapter 97). However, no activities may take place within twenty five feet of the top of the bluff and no regrading of the property within sixty five feet of the bluff should be considered in any case, unless provisions are made to contain run-off and/(~divert water away from the bluff face itself. If we can be of further assistance in this matter, please do not hesitate to call. Sincerely, President, Board of Trustees JMB:jmt co: Building Dept. Zoning Board of Appeals hi I ~° X~ 0 N. I $°$ 0 '00" N.74~08'~0"£. I CL, CL, CL 1 I f III WAT~P-. I Ii Ll'v'lha ~ CL, I1 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, Jr. James Dinizfio, 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 March 10, 1992 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation Suffolk County Center Room E-16 Riverhead, NY 11901 Re: Request for Bluff Setback Reduction - New Wing Expansion to the Existing Dwelling (Kanev) Dear Mr. Pauzer: We presently have an application pending in which the property owner proposes to construct additions extending from the landward side of the existing dwelling, and extending into the easterly side yard areas. It appears that the easterly extension will not be closer than 50 to 54 feet from the top of the L.I. Sound bluff. Attached please find a sketched map submitted by the applicant (one to scale at 1"=100 and the other being a reduced copy). The property which is the subject of this variance consists of a total acreage of 25.449, and the access to the premises is by way of an asphalt driveway extending from the west side of Rocky Point Road (copy attached for your convenience) in East Marion. May we ask your assessment of the property? There appears to be a considerable erosion problem along the bluff and comments you offer will be greatly appreciated. The public hearing is expected to be held on Wednesday, March 25, 1992 - although the decision is not expected to be held until you have had an opportunity to evaluate this proposed construction (bluff) areas and furnish your report in writing. Thank you .for your time and efforts, which have always been Page 2 - March 10, 1992 To: Mr. Stanley A. Pauzer Re: Bluff Setbacks - Kanev Application of great assistance to the of Southold. town and property owners in the Town Yours very truly, Enclosures GERARD P. GOEHRINGER ~By Linaa K~walski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DinizAo, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 4, 1992 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Robert T. Bayley 150 Lakeiew Terrace P.O. Box 595 East Marion, NY 11939 Re: Matter of Mr. and Mrs. Lloyd Kanev Site ID: 355 Rosenburg Road located off the W/s of Rocky Point Road, East Marion Dear Mr. Bayley: For your file and information, please find attached our memorandum dated July 3, 1991 relative to similar projects which have conforming uses with nonconforming setbacks and reference to Section 100-242A of the Zoning Code. The only situation in the nonconforming setback of a dwelling as exists may be issued a building permit is to remodel or renovate, or to rebuild within the same footprint, without expansion. This would not expand the floor area (increasing the degree in square footage or the nonconformity). Please note that there has been no change in this interpretation. The Town is in the process of amending the wording of these provisions, but this change is not expected to be finalized for some time. Even if the wording of this provision were changed next month, we do not expect that there would be any modification that would allow such expansions without ZBA approval by either Special Exception or variance. Your application, as you know, has been tentatively calendared for our April 2, 1992 hearings calendar. Please be sure to provide us with a copy of the Notice of Disapproval from the Building Inspector together with the additional seven prints of the site plan map, if possible, within the next couple of days. Very truly yours, GERARD P. lk CHAIRMAN Enclosure cc: Town Attorneys and Building Inspectors GOEHRINGER APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD O~ APPEALS TOWN OF SOU~OLD 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-OFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: Office of the Planning Board Attention: Valerie Scopaz, Senior Planner Mr. Bob Kassner, Planner Office of the Board of Appeals July 3, 1991 Expansion of Nonconforming Principal Buildings Increase in Floor Area within Nonconforming Setbacks In response to your recent inquiries, please let this confirm for your records that variances will be and are necessary before any approval may be given for any increase in floor area in an expansion within a nonconforming setback (yard) area and is applicable to not only nonconforming uses but also conforminq uses. Section 100-243 of the code provides that no enlargement, reconstruction, alteration or change shall be made unless a nonconforming use is changed to a conforming use. Section 100-242A of the zoning code also states that there shall not be any new nonconformance or increase with regard to the regulations pertaining thereto. In most situations, the setbacks are nonconforming, and therefore Section 100-244 or the Bulk Schedule is the applicable setback regulation. We are furnishing this memorandum for the record in order to assist all departments in reviews of any pending or future applications and questions that might arise. CC: Building Department (Attn: Vic Lessard) Town Attorney Harvey Arnoff Asst. Town Attorney Matthew Kiernan February 24, 1992 Robert T. Bayley A.I.A. P.O. Box 595 East Marion, NY 11939 John M. Bredemeyer III President Board of Town Trustees Southold Town Hall P.O. Box 1179 Southold, NY 11971 Dear Mr. Bredemeyer: I am an architect representing Mr. and Mrs. Lloyd Kanev in their application to any agencies having jurisdiction for permission to add on to an existing house which is located on a bluff in East Marion overlooking Long Island Sound. The existing one and a half story house built in the 1940"s is set back about 16 feet at its nearest point from the bluff line. The house includes a living room and fireplace, a kitchen, a dining area, two small bathrooms, and a mezzanine accessible only by ladder, but it does not contain any bedrooms. The proposed addition would be located behind the existing house (in relation to the bluff), about 58 feet from the bluff, and connected to the existing house by a 15 foot long passageway/foyer. The addition would include two bedrooms and two bathrooms. In addition, the existing house would be renovated to bring it up to today% code standards including being fully insulated. As you can see from the survey (copy enclosed) and a current photograph (enclosed), the existing house and proposed addition are at an elevation of about fifty feet above sea level. There does not appear to be any active erosion along the bluff in the vicinity of the existing house or the proposed addition. The proposed work would be conducted so as to not disturb the bluff or impact in any way the land to the seaward of the bluff and there would be no fill added or removed from the site. I am requesting that in view of the above curcumstances ~he Board of Trustees waive jurisdiction in this application. If you need any additional information please don't hesitate to contact me. I can~-~--fk~hed at the above address and by telephone at~i6) 477-50~hank you. S inc'~r/~Y, ~ / cc: Mr. and Mrs. LlOyd Kanev '~ABT 'F:I-Akl O,F KAN EV ~C¢~J,.~.: I~' ~, ~ ¢k:~' 8o ~ N. 13o~o'o0" N.74*OS'20'"E. H.?4e .-. S. 79'01' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Jan~es 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 March 5, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4090 Project/Applicants: Lloyd & Kaye Kanev County Tax Map No. 1000- 21-1-27.1 Location of Project: 355 Rosenburg Rd., Pvt.#3, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Addition within 100' of L.I. Sound 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~purpeses. mc SOUTIIOLD TOWN BOARD OF (1) 7:32 p.m. Appl, No. 4090 -- AANIiV. Variance to the Zoning 0r- !7.29. a 30). m of l'ropcrty: 1125 (Westerly Side )unty Tax Map Parcel ID No. 1000- (3 & 4) 7:45 p.m. Applications by ILLIAM C. GOODALE (Owner) X Sccti~ I~B(12) for a peru:it (5) 8:00 p.m. Appl, No, 4070 -- DALCIIET CORF., WILl.lAM AND LORRAINE ORLOWSKL Variance to the Zoning Ordinance, Article III, 8cclion 100-32, Bulk Schcdulc, for approval of: (1) proposcd Lot No. 3.~ this R-80 zone district {the rcmainthg four lots will meet the 80,000 sq. ft. sizx: raquimncnt}, and/or: (b) Article XVIIi. Section 100-181C(2} for ap- for a density of five proposed lots in this mixed 1(-80 and R-40 Zone Dis- side of llarber l~mc, Cutchoguc. NY; County Tax Map Parcel No. 1000- 097-6-17 and 1000-103-1-20,5 and 20.6. containing a total ama of 9.04 (6) 8:20 p.m. Appl. No. 3975 -- ARTIIUR G. CARLSON. qld$ is an from dm October I1. 1991 Notice of Disapproval from the Building In- HI, Section 100-3IA(2) for approval agricultural use- Thc subjcct parcel is lion (A-C) Zonc District and COnlain~ of Propc/ty: 1575 Lower F. oad Soud~old. NY; Counly Tax Map Par- ecl No. 1000-60.04-23; also known as L~X/t3 of the Minor Sulxlivisicm of Sudith T. Terry approvcd by thc Southold Town Planning Board The Board of Appeals will at said limc and placc hear any and all p~r- commcnts may also be submit sd 765-1809 or visit our office~ Dated: Match 5. 1992. SOUTIIOI.D TOWN BOARD O1; APPIiALS GERARD p. GOEIIRINGER 7325-1TM 12 STATE OF NEW YORK) COUNTY OF SUFFOLk)~SS: of Mattituck, in said County, being duly sworn, says that he/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper! published at Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed ia a printed copy, has be~n regularly published in said Newspaper once each week for __b__ weeks s~/~y, commencing on the I~--~ day of .'.~ ~ Principal Clerk Southold Town Board of A~peals Individual Files and Board Members Town Clerk Bulletin Board Mr. Robert T. Bayley, A.I.A. (Re: Kanev) 150 Lakeview Terrace, Box 595, East Marion, NY 11939 Demetrios R. Halikias, Esq. (Re: Coutsouros) Peachtree Executive Park, P.O. Box 209, Riverhead 11901 Richard F. Lark, Esq. (Re: Dalchet Corp. & Orlowski) P.O. Box 973, Cutchogue, NY 11935 William C. Goggins, Esq. (Re: Carlson) McNulty - Spiess, 633 East Main St., Box 757, Riverhead Mr. Arthur G. Carlson, P.O. Box 673, Southold, NY 11971 Mr. Andre Moraillon (Re: Carlson) 225 Central Park West, Apt. 1107, NY, NY 10024 Mr. Frank Flynn, P.O. Box 144, Southold, NY 11971 Mr. and Mrs. Theodore Klos, 475 Akerly Pond Lane, Southold 11971 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen, Jr. James Diniz~o, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY 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, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Janles 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 March 5, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4090 Project/Applicants: Lloyd & Kaye Kanev County Tax Map No. 1000- 21-1-27.1 Location of Project: 355 Rosenburg Rd., Pvt.43, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Addition within 100' of L.I. Sound 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 PROJECT LD. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) .,. A 'L) *,T,BPO,BOR tCr, ars. 3. PROJECT LO~TION: SEQR 5. IS PROPOSED ACTION: [~] Ne~ [] Exoansion [~OOdlflcaflonlalteration 6. DESCRlaEPROJECTeRIEFLY- , - / ~ .~-t 7. AMOUN~ OF ~ND A~F~CTED; Inltillly [ acres Ultimately J acres 8. WILL PROPOSED ACT' N COMPLY WITH EXIBTIN ZONING OR TRER ~J(ISTING LAND USE RSSTRICTIONS? 9. WHAT I PRESENT ~ND USE IN VIClNIW OF PROJECT? . 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERA~ STATE OR LOCALI? ~ NO Il yes, list agency(s) and ~efmiU~o~tovals 11. DOES ANY ASPECT OF THE ACTf~.N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Il the action is in the Coastal Ar/ea, and you are a state agency, complete the I J Coastal Assessment Form before proceeding with this assessment J OVER [Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be ~de by thls Doard · before any action is taken. SRORT ENVIRONMENTAL ASSESSMENT FOP3{ I_NSTRUCTIONS: (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 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 Assessmeht 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? __Yes ~o 2. Will there be a major change to any unique or un~ual land forte on the site? Yes ~o 3. Will project alter Or have a large effect on an existing body of water? 4. Will project have a potentially large impact on 5. Will project significantly effect drainage flow On adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? Yes ~NO 7. Will project result in a major adverse effect on air quality? ~Yes 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 paleontological importance or any site designated as a critical envircnmental area by a local agency? __Yes ~o i0. Will project have a m~jor effect on existing or future recreational opportunities? Yes 11. Will project result in major traffic problems or cause a major effect to existing transportation · ' systems? 12. Will project regularly cause objectionable odors, noise, g~are, vibration, or electrical disturb- ance as a result of the project's operation? ___Yes ~ 13. Will project have any impact on public health 14. Will project affect the existing community by directly 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 charact~ of the community or neighborhood? QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate. sheet may be attached.) B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes {x/YNo. (If ~as, p]~ a~h mmpy af "conditions" of ~e.) C. Are there ~n~osals tm ~ange o~ alter l~d { } Yes {~No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? MO (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or which e~t and are not shown on the survey map that you submitting? ~I~/ 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 own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. ' I. Please list presentuse. or operations conducted at this parcel ~;~1~ ~{L~ ~_ and proposed use~ ~.' ~--'~,"'~ ~l~c_ ~utn6rized Signatur~ ~d Date 3/87, 10/901k § 97-t3 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L..No. 6-1984[ w ~:TL.MNDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by t,T. N~. 6-1985]: -f~-',.' ~' · ~r '"~DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered w/th. 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, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the iollowin~, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, mars.hmnllow (3) All la~d immediately adjacent ~o 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. Bo FRESHWATER WETLANDS: (1)" ,, Freshwater wetlands as defined in Article 24. Ti- tle 1. § 24-0107, SubdR'islons 1(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- !and." as defined in Subsection B(1) and lying with- an seventy-five (75) feet land,yard of the most land. ward edge of a "freshwater wetland." 9705 THIS [NDIr[TruRE, re,d, ~, ~ [ ~"d.! o! .J'"~/,e,~ y , .ina k,mdred ..dnine t~ Margaret E. Rosenberg, 17 Salmonkill Road, Salisbury, Connecticut 06068 p..)' o~ ,b fi,., Park ..d # Iq ~1 F~' fl. Lloyd Kanev.and Kaye E. Kanev,/~155 East 38th Street, New York, New York 10016 One Million Five Hundred Thouaa~ (II,S00,000,00)- ...... = .... dollar. ]awful m~ey of the Unl~ by t~ MfIy of ~e ~d Park d~ ~y Stint ~ ~b unto ~ ~fly of ~e ~nd ~ th ~i~ or See Schedule A attached hereto. Being and intended to be the same premises conveyed by Margaret E. Roeenberq by deed dated 9/30/64, recorded 10/28/6! in Llber 8~36 cp. 22 made by Abraham aosenberg and by deed dated 9/30/64, recorded 10/20/64 in Liber 563S cp. Sl9 made by Abraham L. Roaenberg and by deed dated 9/24/69, recorded 11/21/69 in Liber 6663 cp.01 made by Grace B. na~mond and b~ deed dated 12/27/89 recorded 12/29/89 in Liber 10990 cp.578 made by Frank 60 Roeenberg. ECHHDULH A All that certain plot, piece or parcel of land, situate, lytn8, end bain! in the Hamlet of ~sst Nation, Town of Southold, County of Suffolk nnd State of New Jerk, bain8 morn particularly bounded and described sa follower BEGINNING at a point on tho Westerly side of Rocky Point Road at the southnastnrly corner o! land now or formerly o! Thslassinost RUNNING THENCE sloss the said westerly line of Rocky Point Reed, two courses arid distnnces es fellowes 1) South 7° 05* 20" East 4,2g feet! 2) THENCE South 8° SS* SO" East 74.S0 fnet to land now or formerly of W, C. Brownl THENCE along said lend flow or formerly o! V, C, Brown, South 7~o 38* 40# Vest 867,40 feet to the easterly aide of land now or formerly of Seventy Marion Asoociatess THENCE sloss said Easterly side of tho lnnd now or formnrly of Sevnnty Marion Associates, tvs courses and distances no follower 1) North 13o 23' SO" Vest A39,36 feett 2) THENCB North 13~ SS' 40" West 933,08 feet to the ordinary high voter mark of Lone Island Sound as aborn on the survey by Van Tuyl and Son! . THENCE ales8 the aetd ordinary hiah water mark of Lea8 Island Sound, the follovias (2) coursnn and distenceat 1) North 240 04' ISn Bast 529,06 feett 2) North 37 sON' O0a East lS9,4! fnet to the Westerly sade of land nov or formnrly of Viacardi! RUNNZNG THENCE alone said land of Vincnrdi the follovins four (4) courses and diotanceat 1) South leo SI* 40' East 242,78 feet! 2) South 60o SI* 40# Best 122.47 feetJ 3) South 15o 51' 60" East 332.76 feet! &) North 760 08e 20" East 31.10 feet to lend now or foraerly of Nnrahu111 THENCE North 650 O0~ 20" East 215,85 THENCE North 13o 30e O" Vest 10.0 feet to other lend of Ruyaondl RUNNING TNENCg along other lend of geyeond+ Sooth 56o 50* O" gnat 16.55 feetl RUNNING THENCE still elon8 land of Raymond, North 7~ 50* 20" gnat 190.93 feet to the Veuterly side of Rocky Point Roedl RUNNING THENCE alone the westerly side of Rocky Point Noed,.South 13o 65* lO" East 50,10 feet ko land now or foreerly of Stratmons Estates, Suffolk County Nap #o0 3723l RUNNING THENCE sion! said lend of Sturtmonu Rotate South 790 20" West 188.68 feutl RUNNING TNENCE elan8 lend of Stratmons Estates other land of Raymond+ South 65o 00' 20" West 16.96 feet to · Nonunentl RUNNING THENCE still els.8 land of Raymond, South 19 29* 60" Esot 188,19 feet to other lend of Stratnons Estates! RUNNING THENCE elan8 land of Strataons Estates the following four (&) courses end distencaut 1) Sooth 79° 01' 20" Vest 186.67 feetl 2) Sooth 10o 16' 20# gust 193.38 feet to u Nonesentl 3) Eouth 11o 23* $0# East 250.67 feet to u Nonunsntl North 77° 30* 60n East 226.27 RUNNING THENCE sion[ lend now or foruarly of Strutmons Nedlsnie, Ceralulaa, Noredak/u, Chryneladis and Thalasoinoa~.South 7° 05v 20" Rest 563o6& RUNNING TNRNCE still sloes land of Thalasuinou, North 80° &g* 30" East 150.10 feet to the point or place of beginning, rolds s~in~ ~ ~ve ~ ~ b ~ ~ HAVE: *~ TO fl~ b ~jm b~Jn ~ unto ~ ~ o~ *he ~d ~ &e hei~ or AND the peri! of ~he Sm pert, lu'Ceeqdim~ with uny ~ ~. writ. r)eEore me p raonally came FRAIqcIs UENNER, to me Personally known to be, the ~erson described and ap~oin~ed attorney in fact in and by a certain power of ~ttorn~y executed by Margare~ E, Rosen- )erg, dated December 15, 1989 :orded in the Office of the Clerk of the :aunty of SUffolk Simultaneously kith thb ':oreqoinq Instrument end '!~ that he had execu d ,~ck~owledqed to j :~rument as the ~ct ~-~,,e ~?regotng in- .- Rosenberg~ . ~ -fie said ~argaret t~ me known, who, beh~I b~ ute ddy O~o~ did sa~ thet he r~Jdes ft ~. de~ lad that he illhe = day of 1~ , b~loee me to me known to J~ tl~ Indi. JdueJ deserlbeJ in .nd who [ the rdhe~flMn~ 19 , b~fou me whom · - wi .titS? to t,l~ .f(~,e~olnl ;nstm~, ~th a. Am ~t~ ~, w~, ~ ~ ~ duly ~, did ~ t~ ~y tht b ~ at N~ Margare~ ~. Rosenberg H. Lloyd Kanev and Keye E. Kanev srcrlo~21 BLOCE 1 LOTs 11, 13.3~ 27s 29, 30 RITURN BT MAIL TO** FREDERICK J. TEDESCHI, ESQ. 218 FRONT STREET P.O. BOX 562 OREENPORT, N.Y. b No. 119~ HD R-80 R~40 R -80 (~) COUNTY OF SUFFOLK J,o~ SOUTltl Real Properly Tax Service Agency _~,_~,~_ __ Date Documents Accepted for Filing: Apl. Fee Re.~uired: $ c$~.~ Appl. No. ~'~ Application Incomplete for the Foil. owing Reasons: Application Form Not Signed or Notarized Notice of Disapproval not attached or in error__ Notice to Adjacent Property Owners Form or Certified Mail Receipts not attached One original survey is necessary Extra copies of survey map necessary Copy of Deed of Current Owner Necessary Environmental Assessment Short Form Signed ZBA Questionnaire If Applicant is a corporation, need Disclosure Affidavit Date / l / / OK Other information is awaited: Site Plan Layout or other drawings Copy of Contract if Purchaser is applying Single & separate search Finalization of SEQRA by PB, TR, etc. Other Review by ZBA, i.e. / / / / 1 / / / 1 / / / / / TOWN CLERK Town DP so~oLo 4 2 7 8 2 Suffolk County, New York Phone 516-765-1801 ~ Southo]d, New York 11971 Date ~ ~ 19 ~ ~ U Ju~h Ti ~Tow~lerk BOARD OF APPEALS, TOWN OFSOtJTHOi_D In the Matter or the Petition of ~o the Board of Appeals of the Town nf Southnld TO: NOTICE TO ADJACE~'~T PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the in[ention of the undersigned to petition the Board nf Appea s of the Town of to request a~-~rian~(Speciat Exception)($p;cial Permitt (Other) [~±rc].~ cho~cel Som.nla 2. Tha~ the property which is lhe subiec~ of the Pe~ ~ on is located adiacem to your roperw and is 3. That lhe ~roper[% which is the subject of such Petition is located in the followin~ zoning district: 4 Thai h$' such Petition. the undersigned will request the followin~ relief: T¢ ¢~¢~1~ ~ 5. That the provisions of ~he Sou[hold Town ZonJn~ Code applicable [o ~he reiief sou~h~ by ~he under- [ ] Section 280-A, New York Town h._ ~ ...... ' . ~..u,- u~proya~ o~ access ove~ ~ght(s)-of-way. 6. That within five days from ~he da~ hereof, a written Ped~ion reques[in~ the relief specified above be filed in ~he 5ou[hold Town Clerk's Office a~ ~ain Road, 5ou~hold, New York and you may ~hen and [here examine ~he same durJn~ regular office hours. (516) 765-1809. 7. Tha~ before the relief sought may be ~ran~ed, a public hearin~ mus~ be held on ~6e matter by Bo~rd of Appeals; that a notice of such hearJn~ mus~ be pubJished a~ least five days prior ~d the date of such hearin~ in ~he Suffolk T~mes and in the Lon~ I~land Traveler-Ma[6~uck Watchman, newspapers,published in the Town of Sou~hold and designated for the publication of such notices; [ha~ you or your representative have ri[hr to appear and be he~rd at such hearing. Petitioner Pos~ Office Address -' I¢~t Tel. No. (5'/~) 4~/~/- 5¢£/-f [Copy of sketch or plan showing proposal to be atta e~l.'f r- . ' purposes ] .~ .,,, ,,,. ?'~.~I~.~ ~lv_eJrtlen ~ PROOF OF' MA I I~'~ OF NC~TICF ADDRESS 830 533 932 ~Certified Mail Receipt 40 insurance Coverage provided Do not use for International Mail Reverse) Street & NO. STATE OF NEW YORK COUNTY OF SUFFOLK SS.: ~.~ ~ ~k~.bein~dulysworn. d,poses and say, ,ha, onlhe ~ day , lg ~ ~ deponen~ mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposke their respective . names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on ' the current assess~3ent roll of the Town of 5ou~hold; that said Notices were mailed at the United States Post Of- tic. r,-'al'""~ '~-~$J~ l~tadr'~olrt .. ; that said Nolices were mailed to each of said persons by Sworn to befqr~"Tne this day of W~/c~-- _ (This side does not have to be completed on form transmitted to adjoining property owners.) : 0 U3 Z 0 55 5o_ ~ S. 75 o 38'40"W, " SUBDIVISION D 55 60 sHEI 60 N.74eOB'20 "E DI' 2C TRA TM OR S ~.79°$0' 20"W. 188.68' s~s ooo' ~ o"w. ~ 55 N, 77°30'40"E. 226.;'7 55 N/O/F LAND OF 5O 5O LAND OF N*80=49'30"E 150.10 ' 45 MAP OF EAST MARION WOODS" 867.40' ~ 55 5O FILED JUNE 7, I989 MAP NO. 8759 AREA = 25.4491ACRES MAIN ROAD -SOUTHOLD , N.~, .Y.S. L/C. NO. 49618 ~S , P.C. 11971 CERTIFIED TO : THE SANK OF NEW YORK CHICAGO TITLE INSURANCE COMPANY H. LLOYD KANEy KAYE E. KANEV I000 SURVEY OF PROPERTY AT EAST TOWN OF SUFFOLK COUNTY, N. Y. MARION SOUTHOLD 021 OI - SCALE I"= lO0 NOV. 13, 1989 NOV. 2.0, 1989 DEC. 4, 1989 · ~9 ~ 30 89 -417