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4112
APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 4112: Application for HENRY AND BETTY HINTZE. A variance is requested under Article XXIV, Section 100-244B for permission to construct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III, Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of 14,500+- sq. ft. and is located in the R-80 Zone District. Location of Property: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, NY; County Tax Map Parcel No. 1000-53-1-15. WHEREAS, a public hearing was held on June 4, 1992 and at said hearing all those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land situate along the south side of a private road known as "Brooks Road," House No. 590 in Greenport, Town of Southold, and contains the following existing nonconformities under the bulk schedule of the current zoning code: lot area at 14,130 sq. ft. lot width (frontage) at 50 feet; (b) is improved with a 1 & 1/2 story, single-family dwelling structure and accessory shed of a size 7 feet x 10 feet; Page 2 - Appl. No. 4112 Matter of HENRY AND BETTY HINTZE Decision Rendered June 4, 1992 (c) is located in the R-80 Zone District as adopted by the Master Plan of January 10, 1989. 2. By this application, appellants have requested approval of a 10 ft. deep by 37+- ft. long open (one-story) deck addition at the southerly (waterview) side of the house, plus a four-ft. deck extending approximately 11 ft. in a north-south direction, all as shown on the two sketched diagrams prepared by the applicants for consideration. The sketches show the side deck to be set back at eight (8') feet from the westerly side property line, and show the rear deck to be 67 feet from the highwater mark along Pipes Neck Creek (and 30 feet to the existing landscape ties landward of the edge of Pipes Neck Creek. at 42 feet from the closest bulkhead at the top of the bluff. The setback at the easterly side yard from the new deck will remain nonconforming at five feet (maintaining the existing setback). 3. It is noted for record purposes that the deck was built about two years ago (without a building permit). The accessory shed structure was also built (without a permit), but was rebuilt to replace an existing structure. {See photos submitted for consideration}. 4. Article XXIV, Section 100-239.4B requires all buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five feet from the retaining structure. 5. Article III, Section 100-33 requires accessory buildings and accessory uses to be located in the rear yard. The rear yard for this property is technically that area seaward of the existing dwelling. 6. Article XXIV, Section 100-244B requires a minimum side yards at 10 and 15 feet, and an increase or expansion of other established nonconforming setbacks require a variance. 7. The amount of relief requested by this application is 10 feet for the deck at the southerly end and 5 feet at the easterly side yard. It should be noted that the setback of the deck to the highwater mark along the creek is shown to be more than the required 75 feet. 8. To locate the accessory shed in the required rear yard rather than landward of the house would encourage construction closer to the creek and beach area, which is not more feasible under the circumstances for environmental purposes. (Amend- Page 3 - Appl. No. 4112 Matter of HENRY AND BETTY HINTZE Decision Rendered June 4, 1992 Town ~leHf, T,~,wn of gents to the zoning code are being cons~oereo:' --~ a~ the Legislative Committee to permit accessory sheds in the front yard area for parcels fronting along a waterway or wetlands areas. ) 9. In considering this application, the Board also finds: (a) that the deck nor the shed will not be an adverse impact to the essential character of the neighborhood; (b) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the construction under consideration is for an open deck addition {not to be enclosed or roofed) and a small accessory shed in the front yard, neither of which are considered to be a major activity; and the grant of such relief will not create an increase in any dwelling unit density or cause a substantial effect on available governmental-facilities; (d) that there is no other alternative feasible for appellants to pursue; (e) in considering all of the above factors, the interests of justice will be served by granting the relief requested and as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT approval of the open deck construction and small accessory shed as requested under Appl. No. 4112 (Henry and Betty Hintze) as more particularly shown on the sketched map submitted with the application, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck remain unroofed and open, as requested and as exists; {There shall be no permanent enclosure of the deck addition (plexiglass or otherwise), other major alteration or placement of a roof}; 2. The deck not be enlarged or expanded, without further approvals. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio and Villa. This resolution was duly adopted. lk . ERARD 'P. GOEHRING~, C ~H~.4~MAN 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 HEARINGS 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 THURSDAY, JUNE 4, 1992 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4107 - RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The proposed walkway is five feet in width, located with an insufficient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Property: 550 Fasbender Avenue, Peconic; also referred to as combined Lots #1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No; 1097. County Tax Map Parcel ID No. 1000-67-6-4. Page 2 - Legal Hearings for June 4, 1992 Southold Town Board of Appeals 2. 7:35 p.m. Appl. No. 4108 - DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use," in conjunction with the single-family residency by the owner. This use is to be accessory and subordinate to the principal residential use, is for the rental of not more than three bedrooms, and is for lodging and serving of breakfast to nQt_more than five ~l ~ndlr~n~ien~ r~mArs. This parcel _ contains a lot area of Location of Property: corner of Carroll Avenue), No. 1000-74-3-11. 1.3876 acres in this R-40 Zone District. 32660 County Route 48 (and the westerly Peconic, NY; County Tax Map Parcel 3. 7:40 p.m. Appl. No. 4109 - MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing front porch with an insufficient front yard setback. This parcel has a nonconforming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, NY; Cleaves Point, Section Three, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. Appl. No. 4101 - JOHN ROWAN (Property now or formerly of LUCIEN ARCAS). This is an Appeal under Article ' Page 3 - Legal Not Hearings for June 4, 1992 Southold Town Board of Appeals XXIII, Section 100-239.4 for a deck addition with an insufficient setback from the northerly property line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Extension, Southold, NY; County Tax Map Parcel No. 1000-50-2-16. 5. 7:50 p.m. Appl. No. 4111 - JOHN G. AND M3%RIE ELENA BRIM. Request to Amend Variance to locate accessory tennis court partly in the front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Article III, Section 100-33, and Article XXIII, Section 100-239.4. Location of Property: Northerly Side of Private Road (extending off East End Avenue), Fishers Island, NY; FIDCO Block 18, Combined Lots lA and lB, having a total land area of 3.56+- acres in this R-120 Zone District. 6. 8:00 p.m. Appl. No. 4105 - JOHN J. FIORE. A variance is requested under Article III, Section 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. Zone District. Location of Property: (and the westerly side of Sunset Way) and is located in the R-80 3100 Cedar Beach Road at Bayview, Southold, NY; 'Page 4 - Legal NotJ Hearings for June 4, 1992 Southold Town Board of Appeals also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112 - HENRY AND BETTf HINTZE. A variance is requested under Article XXIV, Section 100-244B for permission to construct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III, Section 100-33 for Small accessory shed in the front yard. This parcel contains a total lot area of 14,500+- sq. ft. and is located in the R-80 Zone District. Location of Property: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, NY; County Tax Map Parcel No. 1000-53-1-15. 8. 8:10 p.m. Appl. No. 4106 - LAWRENCE P. AND MARILYN HIGGINS. A variance is requested under Article XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., extending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. Appl. No. 4104 - ANTONIO VANGI. A variance is requested under Article XXIV, Section 100-244 and Article 'Page 5 - Legal Hearings for June 4, 1992 Southold Town Board of Appeals XXIII, Section 100-239.4A for permission to construct addition to dwelling with a reduced easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcels contains a total lot area of 25,135+- sq. ft. and is located in the R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; also referred to as Lot No. 1, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Tax Map Designat-ien: !000-~3-!-!7 ....... 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. 11. 8:25 p.m. Appl. No. 4098 - TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appea'l for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Page 6 - Legal Hearings for June 4, 1992 Southold Town Board of Appeals Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 12. 8:30 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October 11, 1991 Notice of Disapproval from the Building Inspector. az am~d~ under A~3~icle III, Sec. ti~n 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The located in the Agricultural-Conservation contains a total area of 40,000 sq. ft. subject parcel is (A-C) Zone District and Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2; also known as Lot ~3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: May 18, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. a TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL To Henry Hintze & wife 50 Blossom Heath Ave. Lynbrook, N.Y. 11563 Date .... F.e.b.r.u.a.r.~..2.8.,....I.9.9.2. .....19 ..... PLEASE TAKE NOTICE that your application dated February 26, 19 92 for permit to CONSTRUCT A DECK ADI)ITION TO DIdELLING AND CONSTRUCT AN ACCESSORY SHEH. Location of Property 5.9.0. B.R..O~.K.S.R.O. AD . GRgENPORT, N.Y. House No. ' ........ County Tax Map No. 1000 Section 53 . Block I Lot 15 Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the ~llowing grounds UNDER ARTICLE XXI¥ SECTION 100-244 B, DECK HAS INSUFFICIENT SIDE YARD SET BACK AND UNDER 2ARTICLEXXIII SECTION 100-239.4 B DECK IS LESS THAN 75 FEET FROM Ylffi BULI~RRID. ..U~.ER ARTICLE III, SECTION 100-33 ACCESSORY BUILDING SHALL BE LOCATED IN TIf~ REQUIRED REAR YARD. ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. ACTION ALSO REQUIRED FROM THE BOARD OF TOWN T~STgES AND N.Y. STATE DEPT. OF ENVIROI~IENTAL CONSERVATION. ./2ux~/rng Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ~I~' ~:]. lJ~ APPEAL NO ?/ /<:~ / :..5-~) P.'~ -- "/ / /.~ ~outkold Town ~er~ATE ....~.../-~. TO THE ZONING BOARD OF APPEALS, TOWN OF-SOUTHOLD, N. Y: ..... ~ ~, (We~ ~.,.r...'f....~...:~.,~ZT..~. ....... ./'/-~...~.~-~ .......... ~T..~..Z ....... ..~'..z:.~.OZ'(~. ........ lqame of Appe Iont Street and Number ..~'....~..~;.~.~,l~..~..~.... ................... .~.~.'-].:./..~...~.?.. ....... ~""~'~e ..........HEREBY APPEAL TO ........... / Municipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .................................................. WHEREBY THE BUILDING INSPECTOR DENIED TO ..... ~.....,,zz_.*.'......:~y. .......... ~.,..a~.~.. i~ome of Applicantrfor permit o, ................... Street and Number /Municipalih/ / State ( ~/PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ................................................................................................. Street /Hamlet / Use District on Zoning Map District 1000 Section~.~ Block I Lot I-~.Current Owner Mop No. 'Lot No. Prior '-~ Owner .~ 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (l~icate the A~icle S~ti~, Sub- s~tion and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. ~PE OF APPEAL Appeal is made herewith for (please check app~opt~ace box) ( / A VARIANCE to the ~ning Ordi~nce or Zoning Map ( ) A VARIANCE due to lack of access (State of N~ York T~n L~ Chap. 62 Cons. ~s Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has n,ot) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit { ) request for a variance and was made in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (/A Variance to the Zoning Ordinance ( ) is requested for the reason that ~orm ,z~! (Continue on other side) REASON FOR APPEAL "'~ ~ ' ' ~ Continued 1. STRICT APPLICATION OF THE OTDINANCE would produce practical difficulties or unn~ces- · 2. The hardship created is UNIQUE and is not shared by all 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 STATE OF NEW YORK ) ) COUNTY OF ~/,~$.,~' ) SS ~ Signature Sworn to this ~do of . '~7 ............ Nof'a ry Public KENNETH W. FAUSTMANN NOTARY PUBLIC, State of New York No. 4899541 Qualified in Nassau County Commission Expires July 6, lg ~'3 /d~ -~"'J-/- / ?OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD FORMER ~'~WN ER ~-'9 U RES. ~.~ LAND N S VL. TOTAL FARM DATE VILLAGE W DIST. SUB. LOT /c~J -b~~. TYPE OF BUlLDING/~ COMM. CB, MICS; Mkt. Value REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable Woodland Meadowland FRONTAGE ON WATER Value Per Volue Acre FRONTAGE ON ROAD DEPTH House Plot BULKHEAD Total ~ DOCK COLOR TRIM Extension Extension Extension P°rch6~ Porch Breezeway Garage Patio io.B. Total Foundation . ~ Basement Ext. Walls .. Fire Place Type Roof Recreation Room Dormer Bath Floors Interior Finish Heat Rooms ]st Floor Rooms 2nd Floor Driveway Dinette DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFfOlK cOUnTY EXECUTIVE ARTHUR H. KUNZ OIRECTOR OF PLANNING June 18, 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) Tsavaris, George & Sue Rowan/Arcas Tuthill, David & Pamela ~iim, John G. & Maria Elena ntze, Henry & Betty 4080 4101 4108 4111 4112 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman 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 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning C~,~ssion: X× . Variance from the Zoning Code, Article xxIv , Section 100-244B and Article III, Section 100'33 __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __Special Permit Appeal No: 4112 Applicant:Henry and Betty Hintze Location of Affected Land: ROW off Pipes Neck Rd., Sreenport County Tax Map Item N0.: ]000- 53-1-15 Within 500 feet of: __' 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 construct deck addition within 75 feet of existing bulkhead and for a small accessory shed in the front yard. Copies of Town file and related documents enclosed for your review. Dated: June 9,'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 June 9, 1992 Mr. and Mrs. Henry Hintze 50 Blossom Heath Avenue Lynbrook, NY 11563 Re: Appl. No. 4112 - Variance for Deck and Accessory Building Dear Mr. and Mrs. Hintze: Please find attached a copy of the Board's findings and determination rendered at our June 4, 1992 Special Meeting concerning the above application. Please be sure to return to the Town Trustees, Building Inspector and any other agency having jurisdiction in this project for issuance of other approvals. Copies of this determination have been forwarded to the Building Department for their update and permanent records, and to the Suffolk County Department of Planning as required under the Administrative Code of Suffolk County (which governs projects within 500 feet of the creeks, sounds and estuaries). Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning Page 18 Public Hearing Southold ZBA 6/4/92 APPEAL # 4112 Applicant(s): Henry and Betty Hintze Location of Property: Right-of-way extending off the easterly side of Pipes Neck Road, Greenport, NY County Tax Map No.: 1000-53-1-15 The Chairman opened the hearing at 8:07 p.m. and read the Notice of Hearing and application for the record. CHAIRMAN GOEHRINGER: How are you tonight sir. Is there anything you would like to state for the record? Did you meet most of the Board members? You didn't meet them, okay. I had a nice discussion with Mr. Hintze, it is Hintze not Hintzee. And he showed me everything. Is there anybody that has any specific questions of this gentlemen while he is here? MEMBER VILLA: What we are trying to do here is legalize something that is already there, right. CHAIRMAN GOEHRINGER: Right. When was it built. MR. HENRY HINTZE: About a year and a half ago, I went to Florida and my sons surprised me and when I come back, it was there. They surprised me. CHAIRMAN GOEHRINGER: Any other questions from anybody? said the shed was there how long? And you MR. HINTZE: I bought the house in 1960 and I believe there was a shed there. CHAIRMAN GOEHRINGER: And that is when it blew down, that You told me that you either .... MR. HINTZE: About 1968, Price gave me cause it blew down, he gave me money and then CHAIRMAN GOEHRINGER: Rebuild. MR. HINTZE: He said he would mail it to me. CHAIRMAN GOEHRINGER: Okay. Any other greatly unique area, there is no question about it. is unprecedented, I am telling you. questions? Certainly I mean, the view MR. HINTZE: It is for my grandchildren. Page 1 9 Public Hearing Southold ZBA 6/4/92 CHAIRMAN GOEHRINGER: And I think I met most of them when I was there. MR. HINTZE: There was only nine (9) of them. CHAIRMAN GOEHRINGER: Oh, there was only (9) of them, okay. Alright, I don't see... Anybody in the audience have any problems with this application. Seeing no hands, I will make a motion closing the hearing reserving decision until later. We will have a decision for you as quickly as possible. Thank you. MR. HINTZE: Thank you. End of hearing. Lorraine A. Miller (Transcribed by tapes recorded 6/4/92) ,I BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of The Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 4, 1992, com- mencing at the times specified below: I. 7:30 p.m. AppL No. 4107- RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Or- dinance, Article XXIV, Section 100-244B for permission to con- struct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The pro- posed walkway is five feet in width, located with an insuffi- cient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Pro- perty: 550 Fasbender Avenue, Peconic; also referred to as com- bined Lots No. 1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. 2. 7:35 p.m. Appl. No. 4108- DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Arti- cle Ill, Section 100-30B(16} for permission to establish a "Bed and Breakfast Use~' in conjunc- tion with the single-family residency by the owner. This use is to be accessory and subor- dinate to the principal residen- tial use, is for the rental of noE? more than three bedrooms, and is for lodging and serving of breakfast to not more than five Casual and transient roomers. This parcel contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property; 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, N.Y.; County Tax Map Parcel No. 1000-74-3-11. 3.7:40 p.m. Appl. No. 4109- MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III- A, Section 100-30A.3 for per- mission to construct deck addi- tion to existing front porch with an insufficient front yard set- back. This parcel has a noncon- forming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, N.Y.; Cleaves Point, Section Three, Lot No. 79; County ~ Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. Appl. No. 4101- JOHN ROWAN (Property now or formerly of LUC1EN AR- CAS). This is an appeal under Article XXIII, Section 100-239.4 for a deck addition with an in- sufficient setback from the nor- therly property line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Exten- sion, Southold, N.Y.; County Tax Map Parcel No. 1000-50-2-16. 5. 7:50 p.m. Appl. No. 4111- JOHN G. AND MARIE ELENA BRIM. Request to Amend Variance to locate ac- cessory tennis court partly in the,~.,~ front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is ~cluested are Ar- ticle Ill, Section 100-33, and Ar- ticle XXIII, Section 100-239.4. Location of Property: Norther- ly side of Private Road (exten- ding off East End Avenue), Fishers Island, N.Y. ; FIDCO Block 18, Combined Lots IA and lB, having a total land area of 3.56+ acres in this R-120 Zone District. 6. 8:00 p.m. Appl. No. 4105- JOHN J. FIORE. A variance is requested under Article II1, Sec- tion 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone district. Location of Pro- perty: 3100 Cedar Beach Road (and the westerl~e of Sunset Way) at Bayview, Southold, N.Y.; also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. HE' 8:05 p.m. Appl. No. NRY AND BETTY HINT- ZE. A variance is requested under Article XXIV, Section 100-244B for permission to con- struct deck addition and with setback at less than 75 the existing bulkhead, under Article III, Section 100-33 for small shed front yard. This a total lot area of 14,500± ft. and is located in the Zone District. Location pertyv Right-of-Way off the easterly side of Neck Road, G~enport, N.Y.; County Tax Map Parcel No. 1000-53-1- 15. 8. 8:10 p.m. LAWRENCE P. AND MARILYN HIGGINS. A variance is requested under Ar- ticle XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., ex- tending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Road, Mattitack, N.Y.; County Tax Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. Appl. No. 4104- ANTONIO VANGL A var- iance is requested under Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4A for permission to construct ad- dition to dwelling with a reduc- ed easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcels con- tains a total ara of 25,135 ± sq. ft. and is located in the R-40 Zone District. Location of Pro- perty: 645 Glen Court, Cut- chogue, N.Y.; also referred to as Lot No. 1, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Max Map Designation: 1000-83-1-17. 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing bulkhead. This parcel contain. ~ a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Grcenport, N.Y.; County Max Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. 11.8:25 p.m. Appl. No. 4098- TONY AND MARIA (Hearing is reopened and continued from the May 7, 1992 concerning an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for ap- proval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Aquaview Avenue, East Marion, N.Y.; County Max Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 12. 8:30 p.m. Appl. No. 3975- ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October II, 1992 Notice of Disapproval from the Building Inspector, as amended, under Article Ill, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacoltuml use falls within the purview of the agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and con- tains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, N.Y.; County 'Pax Map Panel No. 1000-69-5-13.2; also known as Lot No. 3 of the Minor Subdivi- sion of Judith T. Terry approv- ed by the Southold Town Plan- ning Board 10/1/79. ' The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hear- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: May 18, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 'By: Linda Kowalski · "~' IX-5/28/92(81) (;OUNTYOF 5~FOLK STA'I'I:_ OF N[]~h'OP.K ss: Palricia Wood,' bela§ duly sworn, says that she is t Editor, of THE LONG ISLAND TRAVELER-WATCHMA a public newspaper printed at Southold, in Suffolk Coun and ~h~t the noHcc or which ~he annexed is ~ printed co has been .published in said Long Islnnd 'l'r;~velur. W;Hchn successively, commencing on the ................... .%yom Io before n~,c Ibis., .................... ([ a } Notary Public BARBARA A. SCHNEID', NOTARY PUBLIC, Sl'~te of Ne Ne. 4BOG846 Qualilied in Sulfolk Commission Expires · ! I APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCEP~N: 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD June 4, 1992 S.E.9.R.A. TYPE II ACTION DECLARATION Appeal No. 4112 Project/Applicants: Hnery & Betty Hintze County Tax Map No. 1000- 53-1-15 Location of Project: ROW off Pipes Neck Road, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Deck addition within 75' of existing bulkhead and small accessory shed in the front yard area 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, $outhold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: F ROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk May 21, 1992 Zoning Appeal Application No. 4112 - HENRY & BETTY HINTZE Transmitted herewith is Zoning Appeal Applivation No. 4112 - HENRY & BETTY HINTZE together with the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, the Questionnaire from the Zoning Board of Appeals, 5 pictures of property and 3 Site Plan Maps. Judith T. Terry Town Clerk PROJECT I.D, NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only FART I--PROJECT INFORMATION (To be com01ete~ by ADDlicant or Proiect sponsor) SEQR New [~ Exoansion [] MoBIflcatiOnlalt Station Initia~v acres Ultimately acres I CERTI~ THAT THE INFORMATION PROVIDED AEOVE IS TRUE TO THE REST OF MY KNOWLEDGE · I! the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I (Continued on reverse side) The M.y.S' Environmental Quality Review Act requires submission . before any action is taken. that the Preparer w£11 use currently availabie EAF it is assumed information concerning the (b) ~f any question has been answered Yes the project may be sig- (¢) ~f all questions have been answered No it is llkel¥ that the project is not significant. (d) Environmental Assessment 1. Will project result in ahlarge physical change to the project site or p ysically'alter more than l0 acres of land? 2. Will there be a major change to any uniqu~ or unusual land form on the site? 3. Will project alter or have a large effect on ~Yes an existing body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly on adjacent sites? effect drainage flow 6. Will project affect any threatened or endangered~Yes _~No plant or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char_~Yes known to be importer to the co~ity? ~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 envircamental area by a local agency? ~es 10. Will project have a m~jor effect on existing future recreational opportunities? ~Yes 11. Will project result in major 'traffic problems or cause a major effect to existing transportation · ' ' systems? · 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- 13. Will project have any impact on public health 14. Will project affect the existing co.unity by ~Yes period or have a =~- ~ver a one year charact~ of the CO.unity or neighborhood? 15. Is there P~lic controversy Concerning the . project?. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the sctbject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes ( ~} No. (~f Mas, p]~e ar~h c~py ~f "condi~,, of sale.) C. Are there ~ p~posals to ~nge ~r alter l~nd cunto~? { } 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 bulkheade~ between the wetlands area and the upland building area? '-~J.C.C_~ ~7~o ..~',~ ~ ~¢~,~ 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~.~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which e~i~t and are not ~hown ~n the survey map that you ara submitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. ~. 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 use or operations conducted at this parcel ~ ~,~-~ ~77,#~,~ ~ and proposed use cnori~d Sig-nat~ a~n 3/87, 10/901k § 97-13 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] WETLA_NDS [Amended 8-26-76 by L.L. No. 2-1976; 3-25- 65 by t, T, No. ~-1985]: -f~- ,.'", '"~' f.Y ~I'DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks, bogs, salt marsh, swamps, meadows, flats 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 followin~ salt hay, black grass, saltwarts, sea lavender, tall cordgrass, high bush, cattails, ground~eh mazsh~-~}!ow and low All land immediately udjacent to a tidal wetiand az defined in Subsection A(2) and lying mvithin seven- ty-five (75) feet landward of the most land,yard edge of such a tidal wetland. FRESHWATER WETLANDS: (1) resnwater 'etlands as defined in Article 24. Ti- tie 1. § 24-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a"freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 ~- :~- ss HENRY HINTZE BETTY HINTZE 5 3 0 6 50 BLOSSOM HEATH AVENUE /~'~_, I,, ~ I // ~/-~ '~'~ , & ~,~ ~1~~ / ..... ~:O~O0~O~:O~Oh?~5,, 5~0~ ~ ' O --80 t .;:i-80 HD LIO RR R -80 RR- SHELTER TOWN CLERK TOWN OF SOUTHOLD S~ffolk County, New York Phone 516-765-I~01 43539 Southold,./'NewY°rk 11971 Date BOAROOF APPFALS, TOWN OF ROtJTH©I.D In the Matter o[ the Petition of tO the Board of Appe31s nf the Town nf Rnuthnld TO: NOTICE TO ADJACEiIT PROPERTY YOU ARE HEREBY GIVEN NOTICE: %~: 1. Thee intention of the undersigned to petition the Board ,if Appeals of the Town of Southold to requesta~ianD(Special Exception)(special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~---")~- ~.~' ~: 3. That the property which is the subject of suc. h Petition is located in the following zoning district: 4 That h'~' such Petitinn. the undersigned will request the following relief: fr/~T"~'~'~'- ,~',A~' $. Thac the provisions of the Southoi~_d. Town Zoning Code applicable to the relief sought by the under- signedare Article Y.Y. II/ Section /Od3-,~%~ '"~ [ ] 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 thc relief specified above will be filed in the Southold Town Clerk's Office at Main Road, 5outhotd, New York and you ma), then and there examine the same during regular office hours. {516) 765-Z809. 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-Mattitock Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~...%/~.'~ ~//f ,,~.' .- Petitioner Owners' Names: Post Office Address Tel. Iio. (,~ /~. ) ~'~--~//~ ,,~-~.~'--,.~ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] · Cmnelete ~ 3, md 4a I).. following ssrvicss (for an extra 3. Article Addressed to: / ,~ 4a. Article Number ---r'- K) ~:~'~ ~ ~ 4b. Service Type I-} Registered [] Insure(] i~ ,~//,~'-7-'~?~'r-'~ 1~/' ~ /~¢~) ~:i~Ma ~ CReO~Drn Receipt for ~ :';~' / Merchandise ~ ~r¥=~l~na~ure (Addressee) 8. Addresl~qfs A~d~e~ (Only if requested · I Consult postmaster for fee. ~ d~Artce Addrssssd to: .~ :~± 4a. Article Number · I!~',~,Certified [] COD 7. oat. 5 Si~natur~ (Addressee) 8. Addrsssee's Address (Only if requeat~d '6 S nature gent) ~ PS Form 3~'1 1, December lggl * u.&~.,.o.: ~-aot-~o DOMESTIC RETUR~ ~f~l~l" I STATE OF NEW YORK COUNTY OF SUFFOLK SS.: Z:4~,,~,D'~.;,c;' .,4/~,'. /~/~ ~ , being duly sworn, deposes and says that on ~he ~1~ day °f~ ~ ' ,19 ~ , deponent mailed a true copy of zhe Nodce se[ 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 No~ices were mailed at the United States Post Of- ncc 3, ~~ ~. ~ ' L~--~ ;'ha, sa~d Notices were mailed ,o each of said persons by (certified) (registered) mail./ Sworn to before me this day of Notary Public KENNETH W. FAUSTMANN NOTARY PUBLIC, State of New York No. 4899541 Qualified in Nassau County Commission Expires July 6, 19 ']$ (This side does not have to be completed on form transmitted to adjoining property owners.)