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HomeMy WebLinkAbout4094APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4094: Matter of ANITA MACRAE FEAGLES. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to construct a detached, accessory garage building in the side yard area. Location of Property: South Side of Oceanview Avenue and the North Side of Beach Avenue, Fishers Island, Town of Southold; County Tax Map Parcel No. 1000-9-11-2.1. WHEREAS, after due notice, a public hearing was held on April 2, 1992, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the March 6, 1992 Notice of Disapproval by the Building Inspector for a variance to build a detached garage in an area other than the required rear yard. 2. The premises in question is located in the R-80 Zone District and contains a total area of approximately 78,410 sq. ft. The map submitted with this application shows this parcel is improved by only a single-family dwelling structure set back 20 feet from the easterly side property line and approximately 70 feet from the front (northerly) property line along Ocean View Avenue. This parcel is known and referred to as Lot #4, as more particularly approved by the Town Planning Board in September 1980 (grandfather approval of ZBA action rendered September 6, 1979 under Appeal No. 2570). 3. The building is of a maximum size of 24 ft. wide by 26 ft. deep and is for storage of the owner's own vehicles, lawn equipment and the like, as may be incidental to the principal dwelling use. This building may not be used or operated for Page 2 - Appl. No. 4094 Matter of ANITA MACRAE FEAGLES Decision Rendered April 2, 1992 business or similar gainful purposes (such as rental for non-owner storage, etc.) and/or may not be used as a separate principal use. 4. The location of this accessory garage building is proposed to be located near or at the end of the existing paved driveway area and at least 50 feet from the front (northerly) property line along Ocean View Avenue and at least 40 feet from the side (westerly) property line along Lot ~1. 5. For the record the dimensions of the proposed building is 24 ft. wide by 16 ft. deep (excluding permissible overhangs) and will be one-story in height {less than 18 feet total from ground to peak}. 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance - particularly since the property does technically have two "front yards" - along Beach Avenue to the south and Ocean View Avenue to the north and the remaining yard areas are side yards; (b) requirements; the relief is not substantial in relation to the (c) the variance requested does not involve any increase of dwelling unity density; (d) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for enclosed parking and storage of the owner's own lawn and other items; (e) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; (f) 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 since the proposed building will be substantially setback from the front property lines at 40 feet {or more}. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance to locate a 26 ft. wide by 24 Page 3 - Appl. No. 4094 Matter of ANITA MACRAE FEAGLES Decision Rendered April 2, 1992 ft. accessory garage/storage building in the front yard area as applied SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setbacks be not than that applied for in the application; 2. That the building be limited to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and not be operated for gainful purposes (not for rental storage or other separate business purposes), etc. 3. That the building height from ground to top (peak) not exceed 18 feet; 4. That there be no cooking facilities or utilities other than electric; 5. That there be no sleeping or living quarters, as restricted by the accessory provisions of the code in this R-80 Zone District. Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk · GERARD P. GOEHRINGER, ~HAIRMAN NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, New York 11971, on THURSDAY, APRIL 2, times specified belowi 53095 Main Road, Southold, 1992 commencing at the 1. 7:32 p.m. Appl. No. 4088 - MARGARET F. WEIDMANN. Special Exception under the Zoning Ordinance, Article IIIA, Section 100-30A.2(B)(1) and Article III, Section 100-30B(14) for permission to establish an "Accessory Apartment Use." Location of Property: 3245 (easterly side) Wells Road, Peconic, Town of Southold, NY; County Tax Map Parcel No. 1000-86-2-7. 2. 7:35 p.m. Appl. No. 4089 - EVELYN P. TURCHIANO. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate a new accessory garage building in the front yard area. Location of Property: (Westerly side) 450 Deep Hole Drive, Mattituck, Town of Southold, Page 2 - Legal Not~ . Hearings for April 2, 1992 Southold Town Board of Appeals NY; County Tax Map Parcel No. 1000-115-12-5. This parcel is substandard in size and is located in an R-40 Zone District. 3. 7:40 p.m. Appl. No. 4087 - BART AND CHRISTINE RUROEDE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for approval of an open deck addition with an insufficient rear yard setback. Location of Property: 450 Maple Lane, Lot No. 81, Map of Cleaves Point, Section 3, Greenport, Town of Southold; County Tax Map Parcel No. 1000-35-5-6. This parcel is substandard in size and is located in an R-40 Zone District. 4. 7:45 p.m. Appl. No. 4085 - ANDREW AND ANN MONACO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to locate a new dwelling with a setback at less than the required 100 feet from the top of the L.I. Sound bluff. Location of Property: Corner of the northerly side Aquaview Avenue and easterly side of Rocky Point Road, East Marion, Town of Southold; County Tax Map Parcel No. 1000-21-2-1. This parcel is substandard in size and is located in an R-40 Zone District. 5. 7:50 p.m. Appl. No. 4096 - PAT AND ROSEANNE IAVARONE. Va~%ance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to locate a deck addition with a setback at less than 75 feet from the.bulkhead along Baldwin's (Mud) Creek. Location of ProPerty: 950 Strohson Road, Page 3 - Legal Not~~ Hearings for April 2, 1992 Southold Town Board of Appeals Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-103-10-24. This parcel is substandard and is located in the R-40 Zone District. 6. 7:55 p.m. Appl. No. 4095 - DENNIS DAVIS. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to located a detached, accessory building in the front yard area. Location of Property: 6010 Soundview Avenue, Hamlet and Town of Southold, NY; County Tax Map Parcel No. 1000-59-8-5.11. 7. 8:00 p.m. Appl. No. 4094 - ANITA MACRAE FEAGLES. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to construct detached, accessory garage building in the side yard area. Location of Property: South Side of Oceanview Avenue and North Side of Beach Avenue, Fishers Island, Town of Southold; County Tax Map Parcel No. 1000-9-11-2.1. 8. 8:03 p.m. Appl. No. 4097 JOHN G. AND MARIE ELENA BRIM. Variances to the Zoning Ordinance, Article III, Section 100-33 for permission to locate tennis court with steps and retaining wall in the side yard and partly in the front yard, and having an insufficient setback from the front property line and from the freshwater wetlands, (which will include the removal of an existing garage presently in the side yard). Location of Property: Northerly side of Private Road off East End Avenue, Fishers island, Town of Southold; County Tax MaD Parcel No. Page 4 - Legal Not!~ Hearings for April 2, 1992 Southold Town Board of Appeals 1000.-4-3-3; also referred to as FIDCO Block 18, Lots iA and lB as combined, having a total land area of 3.56+- acres in this R-120 Zone District. 9. 8:10 p.m. Appl. No. 4037 - METRO/808 REALTY CORP. Variance to the Zoning Ordinance, Article IX, Section 100-92 and Article XXIV, Section 100-241A, as disapproved by the Building Inspector, for approval of a permanent rooflike structure (canopy) over gasoline pump island. The principal use, gasoline sales with accessory office and necessary inside storage incidental thereto, is nonconforming in this Hamlet Business (HB) Zone District. Location of Property: Corner of the Northerly Side of Main Road (Route 25) and the Westerly Side of Depot Lane, Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-102-5-26. 10. 9:00 p.m. Appl. No. 4091 - EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31 A & B, requesting permission to change use of a portion of'the subject premises, from residential to non-residential. Location of Property: North Side of Main Road (State Route 25), Greenport, County Tax Map Parcel Nos. 1000-56-4-24 & 19. Town of Southold; . 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 Page 5 - Legal Not~ Hearings for April 2, 1992 Southold Town Board of Appeals the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: March 17, 1992. BY ORDER OF THE SOUTHOLD TO%~N BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies have been forwarded to the following on or about 3/17/92: L.I. Traveler-Watchman, Inc. (fax transmission) Times-Review (fax transmission) Individual Files and Board Members Town Clerk Bulletin Board TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOW'N CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date.. March 6, 1992 To ROBERT FF_,AGI~S a/c ANITA N. FEAGI~S P.O. Box 21 Fishers Island, N.Y. 06390 PL£ASH TAK£ NOTICE that your application dated .... ~ 2?, 19 89 for pe~it to BUI~ A DETAC~B ~ Location of Property .. ~ ~.~, FIS~RS IS~, N.Y. House No. ' .......................................... Street Ham/er County Tax Map No. 1000 Section 9 Block 1 i ............................ Lot .. ~.-.~-. ....... Subdivision ................. Filed Map No ................. Lot No. is returned herewith and disapproved on the following grounds . . .~ ~9~9~ ~.~Z~ .~.~ ~ Y~. C~T. 100-33 RV 1/80 FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTblENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To ANITA M. FEAGLES P.O. BOX 21 FISBEP, S ISI~D, N.Y. 06390 PLEASE TAKE NOTICE that your application dated ........I~...2./.: ............... 19.8.9. .. for permit to BUILT A DETACHED GARAGE Location of Property OCEAN VIEW AVENUE, FISHERS ISLAND, N.Y. County Tax Map No. 1000 Section 9 Block I I Lot 6 Subdivision ................. Filed Map No ................. Lot No ........ ' .......... is returned herewith and disapproved on the following grounds . A. A.C.C.~S.S.O.R.Y.B.U.I..]~.I..Ng....C~..O.T.. BE LOCA~D IN A SIDE YARD. ACCESSORY BUILDINGS HUST BE LOCA~O IN YUE REAR YARD. CH 100 100-33 Building ~nspector '' RV 1/80 l'lg/~ {~rlI~FROM DECISION OF BUILDING INSPECTOR TOWN OF SOUTHOLD, NEW YORK APPEA NO. H 0 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ................................. Name of Appellc~t Street and Number ..~..~,.~...~....../':f..~..~...~...~...~...~..~.. .............................................. ..~...T..: ............... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....~...'~......~..~$...~,.~......L.~/..~....~.. WHEREBY THE BUILDING INSPECTOR DENIED TO of Name of Applicant for permit . Municipality State Street and Number ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~..~..-'e-,~....~......~'..L~,..~K.....~.~.A...~...~.~..~.....~....%~.~,..~.....~...A~ Street /Hamlet / Use District on Zoning Map District 1000 Section c~ Block~l Lot~-( ~ . .................................................................................. burren~ Owner Map No. Lot No. Prior Owner ~dul~_~]~ ~_~.,~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordi.nance.) Article ~.~ ~:.~mSection ~.~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ,'O A VARIANCE to the Zoning Ordirmnce or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (~it~(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 and was made in Appeal No ................................. Dated: ..................................................................... ) ~) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that l%rm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties sary HARDSHIP because 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 OF THE DISTRICT because ~:~..~__ ~..~...1~_ ~. "~"t~(~,~ ¢~4,t,4~'1l,.1~ STATE OF .EW YORK > ~r ~ ) ss ~ ;~,. - . ......... COUNTY OF ) Signature .... ................................. , - Sworn to this ~ day o ....................................... Notary Public r%- 04~-,~s;,,~ [:~./',~ ~ ~""/~ FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFIGE SOUTHOLD, N. Y. ×om,ned ............... . I 7.0. ................. Approved .............. . Pe mit No. Disapproved a/c ~ (Building Inspector) Application No. /Q~,~.Z.E~..~. .............. APPLICATION FOR BUILDING PERMIT Date .......................... ....... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit' shall 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 shall 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 Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. ..................... , .... i~i~tum of"~'~.'~l'icar~,.~ nc~e,~a corporaii(~r~; ........ ~ ~.~,~,,~.......~.~.~..~/. ....... ~ ....... ~.~.G. .............. (Address of applicant) State whether applicant is owner, lessee, agent, architect, eogineer, general contractor, electrician, plumber or builder. ................... ................................................................................................................................................... Name of owner of premises ..~. ~..kz'~ If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..................................................... Plumber's License No ........ ..~.~....S~...~... ........................... Electrician's License No ...... c~.....~..'..~.. ........................... Othm' Zrade's License No ............................................... 1. Location of land on which proposed work will be done. N~ap No.: ........................................ Lot No ......................... Street and Number .~..//~.......C~..g...~-....~../.~.k~../..~..~......~.~.-- .................................. .~.~-~/..~..~'~....Z~.,~..,~..~...; .......... Municipality 2. State existing use and occupancy of premises and in,~ended use and occupancy of proposed construction: a. Exisiting use and occupancy ...~....~.....~...~.~L/x~...~.......~.~!...~... .................................................................... b. Intended use and occupancy .................................................................................................... 3. Nature of work (check which al]~cable):~ New Building ..... ~ .......................... /-,Iteration ................ Repair .................. Removal .................. Demolition .................... Other Work ................................................. .... ~ ~'~..,(~../. ~ ~ r'~ (Description) 4. Estimated Cost . ...(~.....O.Q.:...~.....(~..... Fee ~f.~.~.'.' 'r '~-(~---Z..~ ..................................... (to be paid on filing this application) ' ' Number ' ,5. If dwelling, number of dwelling units ............................ at dwelling units on each floor ............................ If garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ 8. Dimensions of entire new construction: Front .................................... Rear ............................ Depth ........................ Height .................... Number of Stories ...................................................................................................................... 9. Size of lot: Front ........................................................ Rear .......................................... Depth ................................ 10. Dote of Purchase ........................................................ Nome of Former Owner ........................................................ 11. Zone or use district in which premises are situated ...........-~"/'~'"/!- __ .......................... {~.( ................................................. 12. Does proposed construction violate any zoning law, ordinance or regulation: .... ~',k.C~ .......................................... 13. Will lot be regraded . ............................ Will excess fill be removed from premises: ( ) Yes ( ) No 14. Name of Owner of premises ..~..~....~...l.~......~..'..~....'~....~. Address ................................ Phone No.~,(~..~..J-.~.~T.~ Name of Architect .............................................................. Address ................................ Phone No ....................... Name of Contractor ............................................................ Address ................................ Phone No ....................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW~)~O~,~,// [~ c COUNTY OF~~ ....... ~'~ ................................................................................................. being duly sworn, deposes and says that he is the applicam (Nome of individual signing contracf)' above named. He is the .............................................. 'i~f;"(~;'~"~'~'~',"~'~'~'~i~'~'~,"~.'i ............................................................... of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and thor the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this _ ............. o, ................. ~gnarure at opp JUDITH T. TERRY Notary Public, State of New York No. 52-0344963 Suffolk County~/~ O~iorl Expires March 30, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N ~'' ~ E ACR. ~RE~ ~ ~ 0 SEAS. VL. FARM £OMM. . . alue N ~ NORMAL BELOW ABOVE FARM Acre Value Per Volue Acre Tillable Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD M. Bldg. Extension Extension Extension P°rch~c Breezeway Garage Patio COLOR -' ~ ~ ~ I Foundation Basement Ext. Walls Fife Place Type Roof Bath Floors nterior Finish Heat Rooms 1st Floor Recreation Roorr Rooms 2nd Floo~ Dormer Driveway .inette DR. BR. FIN. B. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FOYER OWNER J S W OODE DATE OF OONSTRUOTION ~N D IMP. TOTAL DATE R~RKS' Tillable FRONTAGE ON WATER W~land FRONTAGE ON ROAD /~./ i ~ad~land DEPTH /~( / H~ Plot BULKH~D Total Exten~ ¢~0 ', __ Floors Extension 3x~ = ,~ ~¢ ~.~0 //~. Ext. Walls (d~ ~51~ Interior Finish Extension Fire Plnce ~ ~ Hent Deck /? K/~ ~ / 7~ ' ~ ~ Patio Rooms 1st Floor Breezeway Driveway Rooms 2nd Floor O.B. /~-?_//_.~. ~-. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWN ER STREET VI LLAGE DIST. SUB. LOT I FORMER OWNER N~, F¢~,~' (~.~ E /~ ~//,? ~c~. S W ~PE OF BUILDING RES. S~S. VL. ~'/j FARM CO~. CB. MICS. Mkt. Valu~ ~ND IMP. TOTAL DATE R~RKS~'~ ~/ ~ / Tillable FRONTAGE ON WATEB Wo~land FRONTAGE ON ROAD Meadowlond DEPTH House Plot BULKH~D ~otal ?~_~_ ?_//.~__.iTOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VlLLK,GE DIST. SUB. LOT ~e,~ ~. ~ ,~ ~ S W TYPE OF BUILDING , ' - RES. SEAS. VL~/~ FARM COMM. CB. MISC. Mkt, ~ND IMP. TOTAL DATE REMARKS ~b~' '~ . ~ ' ' " ~ - AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Volue Per V~lue Acre Tilloble 1 Tillable 2 Tilloble 3 Woodland Swampland FRONTAGE ON WATER Brus~l~nd ~ FRONTAGE ON ROAD H~,~ P~ /. ~ /~, ~; ~ DEPT~ ~ ~ BULKH~D ~otol DOCK M. Bldg~. -~' Extension E ~.,,,~ ~ c xtensJon Extension Porch Breezeway Garage Patio Total 718 COLOR TRI~v'~ Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roan Dormer Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERt J. GAffneY SUFFOLK COUNTY EXECUTIVE May 11, 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. FAePlicant(s) agles, Anita & Robert Municipal File Number(s) 4O94 Davis, Dennis & Janice 4095 Very truly yours, Arthur H. Kurtz D~rector 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 scoT'r 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~mdssion: XX ~Variance from the Zoning Code, Article 100 , Section __. Variance from Determination of Southold Town Building Inspector · Special Exception, Article , Section 100.33 ~Special Permit Appeal No: 4094 Applicant: Anita & Robert Feagles Location of Affected Land: Ocean View Ave & Beach Ave, County Tax Map Item No.: 1000- 9-1~-2.1 Within 500 feet of: Fishers Island, NY Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area _ Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to construct detached, accessory buildin~ in the side yard area Copies of Town file and related do'cuments enclosed for your review. Dated: 5/1/92 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 May 1, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Cuyler M. Feagles 79 Creeley Road Belmont, MA 02178 Re: Appl. No. 4094 (Variance for Accessory Storage Building) Dear Mr. Feagles: Please find attached for your permanent records a copy of the Findings and Determination rendered by the Board of Appeals in the above matter. Please be sure to contact the Building Department and any other agency which may be involved for issuance of appropriate permits before commencing construction activities. We are this date also providing a copy of the Board's determination to the Building Department for their update and recordkeeping. A copy is also being transmitted to the Suffolk County Department of Planning in accordance with the Suffolk County Administrative Code concerning variance referrals. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Suffolk County Planning Commission 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 March S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4094 Project/Appii6~nts: County Tax Map No. Location of Project: Anita Feagles 1000-9-11-2.1 Oceanview Ave. & Beach Ave., 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 25, 1992 Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct detached, accessory building in the side 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 6t7.13 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 ROBERT W. TASKER Town Attorney O qcE O.F .TOWN ATTORNEY TOWN OF SOUTHOLD TELEPHONE (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 June 17, 1980 Mr. George Fisher, Building Inspector Southold Town Hall Main Road Southold, New York 11971 Dear George: You have asked my opinion with respect to the following state of facts, to wit: The Board of Appeals previously granted variances to permit the cre- ation of three contiguous lots, each of which had an existing dwelling located thereon. Thereafter the property owner purchased land in the rear of these lots, which newly-acquired land has frontage on another street. The question you ask is whether the property owner is required to add the newly-acquired property to the three under- sized lots upon which variances were previously granted. The effect of granting area variances by the Board of Appeals is to permit the lots in question to be used and sold in accordance with the variance previously granted. A variance is not personal to the appli- cant but runs with the land. It would be my opinion that in the absence of a condition imposed by the Board of Appeals in granting the variance, which required the owner to merge any after-acquired contiguous land with the lots for which the variances were granted, that [he owner is not required to add such after-acquired land to the lets upon which variances were granted. ROBERT Wo TASKER RWT :£ae FOE]~ NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN GLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) ~[ 0079 Z Date ..... ~.~.....~......../...~.. ...................... , 19ZO. Permission is hereby granted to: ..... ,d.~.~../.-::.,~........t=~. ~.z).~..~. ~ ............. ..... z.~....Z::.., ....... ~~..a~,.~..../..~.:. .~...~z,~...~..y ........ C./-..... ...... o.d.o.z¢ , ,o ......~....../.~.::Z..Z~..c ~....~. ...... .O...~Z... ~ ~z.~.~...,~z.~/L/~,. ............ at premises located at~'.~..~.,....,~..~/:(~,.L~,./.,.~.-~./~.....-4~/~'~7.....,~.~g~'..~,.~/~/C.,~.! //~*t~7'. .......................... ..~...~./~.....,~,~..c~...,~.~.., ...................................................................... Building Inspector. Fee ~../..~./.....~:~... Page 34 Public Hearing Southold ZBA April 2, 1992 Appeal No 4094 Applicant(s): Anita Macrae Feagles Location of Property: South side of Oceanview Avenue and North side of Beach Ave., Fishers Island County Tax Map No.: 1000-9-11-2.1 the Chairman opened the hearing at 8:26 p.m. and read the Notice of Hearing and Application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey this and a copy of a site plan indicating the approximate placement of this garage and I have a copy of the Suffolk County Tax Map and several pictures taken by our fellow Board member, Mr. Serge Doyen. Mr. Doyen I understand that you have discussed this with the applicant and you have presented these pictures to the Board and you are aware of the necessity of this location. Is that correct. MEMBER DOYEN: That is correct. Yesterday, Cuyler Feagles, who is the son of the applicant, who happens to be an architect also, phoned me and informed me that he was unable to be here this evening. So I guess I will have to furnish what information there is. This is an ideal situation for granting a varience. First off, the setback, it is setback greater than the established setback on the main road. The area adjacent to the proposed garage is already paved and a vehicle exiting the garage will exit on a paved area, which is about thirty to forty (30 to 40) feet from the main road. And as far as the topigraphy goes, it will be practical difficulties because just forward, actually the one side of this proposed garage falls, the land just falls off, which would cause building difficul- ties. But the simple reason is that it is the most practical place to locate the garage. I think that the varience should be granted. CHAIRMAN GOEHRINGER: Thank you. I also notice that it is not protruding much farther than the house, it is an approximate line of the house. MEMBER DOYEN: Yes, you see here on the map. You see here are the setbacks from these other properties down the street, and you can see the distance here. This is twenty-two (22) feet this is between thirty and forty (30 and 40) to the main road. And this area right here, all this is paved, from here, this is all paved, right here. It is an ideal situation for a garage. Page 35 Public Hearing Southold ZBA April 2, 1992 CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak either pro or con. I am sorry, I didn't mean to cut you off Serge. MEMBER DOYEN: No, that is all. CHAIRMAN GOEHRINGER: Okay, the approximate about fifty-five (55) feet. MEMBER DOYEN: I was just guessing, just safely forty (40) feet. CHAIRMAN GOEHRINGER: Seeing no hands concerning this, any questions from any other Board members? You want to offer it as a resolution Serge? MEMBER DOYEN: I will offer it as a resolution. CHAIRMAN GOEHRINGER: Provided again with a restriction that it only contain the utility of electricity and it only be used for storage purposes and the height limit be sixteen, eighteen (16, 18) feet, not to.. MEMBER VILLA: Seventeen feet, six inches (17' 6"). CHAIRMAN GOEHRINGER: eighteen (18) feet. That is what I meant, not to exceed the MEMBER GRIGONIS: Second. Ail in favor - AYE. End of hearing. -- Lorraine A. Miller (Transcribed by tapes recorded 4/2/92) 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 January 30, 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. Cuyler M. Feagles 79 Creeley Road Belmont, MA 02178 Re: Application for Variance for Anita & Robert Feagles Dear Mr. Feagles: We are in receipt today of the above application. However, the following information and data is needed before this application may be advertised: ~. Signed and notarized application. (The original is returned herewith.) ~'~32. Updated Notice of Disapproval from the Building Dept. ] v~, (The one submitted is outdated and refers to a different parcel.) 3. Please confirm size of garage in~D__Writ~, which is shown ~n two places as being 22 x 26 o2~~ 4. Height of the building from ground level to the peakc?/ ~5. An additional check in the amount of $150.00.~'d When all of the above are received, the fill will be deemed complete and calendared for a public hearing. If you have any questions, please don't hesitate to contact us. Thank you. LK:lam cc: ~3uilding Department ATTN: Curtis Horton, Very truly yours, ~Linda Kowalski Building Inspector Copies of Legal Notice mailed on 3/18/92 to the following: Mrs. Margaret F. Weidmann 3245 Wells Road P.O. Box 221 Peconic, NY 11958 Mrs. Evelyn P. Turchiano 450 Deep Hole Drive Mattituck, NY 11952 Mr. and Mrs. Bart Ruroede P.O. Box 433 Greenport, NY 11944 Mr. and Mrs. Andrew Monaco 9 Cliff Drive Kings Park, NY 11754 Mr. Peter Podlas, R.A. P.O. Box 285 Remsenburg, NY 11960 (Ref. Ivarrone) Mr. and Mrs. Dennis Davis P.O. Box 226 Peconic, NY 11958 Mr. Cuyler M. Feagles 79 Creetey Road Melmont, MA 02178 Stephen L. Ham III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 (Ref. Brim) Mr. Frank Nealon (Ref. Metro/808 Realty) Permit Research & Acquisition Co., Inc. 1108 Route 110 Farmingdale, NY 11735 Allen M. Smith, Esq. P.O. Box 1240 737 Roanoke Avenue Riverhead, NY 11901 (Ref. Metro/808 Realty) Charles R. Cuddy, Esq. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901 (Ref. LaColla) 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 CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski 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: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: March 6, 1992 RE: Zoning Appeal No. 4094 - Alita & Robert Feagles Transmitted herewith is Zoning Appeal No. 4094 of Alita and Robert Feagles for a variance. Also included is letter to Linda Kowalski, dated March 3, 1992 from Cuyler Feagles; proof of mailing notice; letter from Linda Kowalski to Cuyler Feagles, dated January 30, 1992; copy of Notice of Disapproval dated August 1, 1989 with notation by Linda Kowalski that it is to be "replaced by correct. & update, copy"; Short Environmental Assessment Form; ZBA Questionnaire; letter of authorization; copy of deed; copies of minor subdivision plan; photographs; and plan. Judith T. Terry Southold Town Clerk 182 Fern Street West Hartford, CT.06119 December 2~, 1991 To Whom It May Concern: Re: Fishers Island properties - District 9, Section 11, Block 2, Lots 1,2 & 5. This is to confirm that our son, Cuyler MacRae Feagles, is au- thorized to act in our behalf in matters relating to the obtain- ing of the necessary approvals from the Town of Southold, New York, to build a garage on our above mentioned properties, and to subsequently oversee the construction of said garage. Robert W. Feagles Anita MacRae Feagles l CUYLER M. FEAGLES yBank Hazard Trust Company NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, ,ursuant to Section 267 of the Town .aw and the Code of the Town of ~outhold, the following matters wffi ~ held for public heatings before the ~OUTHOLD TOWN BOARD OF '~PPEALS at the Southold Town Iall. 53095 Main Read. Southold. qew York 11971. on THURSDAY. 30A.2(BX1) and Aniclc llI. Section 100-30B(14) for pcnnlssi~a to =stab- Location of Prol~ny: 3245 ~idc) We, Ils Read. peconi¢. Town Of Loc~tion of Property: 450 (Westerly Baldwin's (Mud) Crggk. Location of Zoning Ordinance, Arlicle I~, Sec- tion 160-33 for pelion to 1~ a detached, access~' ~g ~ ~e H~t Bu~ess ~B) ~ ~ Co~ Tax Map Par~ No. 1~ STATE OF NEW YC~ SS: sald County, being duly sworn, says that he/she is Principal C]erk of THE SUFFOLK TIMES~ a Weekly Newspaper, pub]ished at MatUtuck, in the Town of Southold, County of Suffoik and State of Mew York, and that the #otlce of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I weeks sqc~cpssively, commencing on the [(~ day of Principal Clerk Sworn to before me this day of of the subject pr~mi~c~, from re$iden. The B~ard of Appeals will at said GERARD p. GOEHRINGER CHAIRMAN 7333-1TM19 BY Linda Kowalski NOTARY PU~.iC. SIate ot New York N~CE OF HEA~N~S 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, APRIL 2, 1992 commencing at the times specified below:' 1.7:32 p.m. Appl. No. 4088-- ,MARGARET E WEIDMANN. Special exception under the Zoning Ordinance, Article IliA, Section 100-30A.2(B) (1) and Article 111, Section 100-30B(14~ for permission to establish an "Acc~sory Apartment Us~2' Location of Property: 3245 (easterly side) Wells Road, Peconic, Town of Southold, NY: County Tax Map Parcel No. 1000-86-2-7. 2. 7:35 p.m. Appl. No. 4089-- EVELYN P. TURCHIANO. Variance to the Zoning Ordi- nance, Article ILIA, Section 100-30A.4 (100-33) for permis- sion to locate a new accessory garage building in the front yard area. Location of Property: 450 (westerly side) Deep Hole Drive, Mattituck, Town of Southold, NY; County Tax Map Parcel No., 1000-115-12-5. This parcel is sub- i standard in size and is locate~I in an R-40 Zone District. 3. 7:40 p.m. Appl. No. 4087 --BART AND CHRI~FINE RUROEDE. Variance to m~ Zoning Ordinance, Article XXIV, ~ctinn 100-244, for ap- proval of an open deck addition with an insufficient mar yard setback. Location of Property: 450 Maple Lane, Lot No. 81, Map of Cleaves Point, Section 3, Greenport, Town of Southold; County Tax Map Pas- eel No. 1000-35-5-6. This parcel is substandard in size and is located in an R40 Zone District. 4. 7:45 p.m. Appl. No. 4085-- ANDREW AND ANN MONACO. Variance to the !0 Zoning Ordinance, Article? XXIII, Section 100-239.4 for I permission to locate a new, dwelling with a .~tback at less I than the required 100 feet from the top of the L.I. Sound bluff. location of PropertY:Coroer of the northeriy, side Aquaview Avenue and easterly side of Rocky Point Road, East Marion, Town of Southold; County Tax Map Parcel No. 1000-21-2-1. This parcel is sub- standard in size and is located in an R-40 Zo~Nstrict. 5. 7:50 p.m. Alii. No. 4096-- PAT AND ROSE,~NNE IAVA- RONE. Variance to the Zoning Ordinance, Article XXIII, Sec- tion 100-239.4B for permission to locate a deck addition with setback at less than 75 feet from the bulkhead along Baldwin's (Mud) Creek. Location of Pro- perty: 950 Strohson Road, Cut- chogue, Town of Southold; County Tax Map Parcel No. 1000- 03-10-24. This parcel is substandard and is located in the R-40 Zone District. 6. 7:55 p.m. Appl. No. 4095-- DENNIS DAVIS. Variance to the Zoning Ordinance, Article II1, Section 100-33 for permis- sion to locate a detached, acces- sory building in the front yard area. Location of Property: 6010 Soundview Avenue, Hamlet and Town of Southold, NY; County Tax Map Parcel No. 1000-59- 8.5.11. 7. 8.'00 p.m. AppL NO. ANITA MACRAli Variance to the Zoning Ordi- nance, Article 111, Section 100-33 for permission to con- struct detached, accessory garage building in the side y~rd area. Location of Property: South side of Oceanview Avenue and North Side of Beach Ave- nue, Fishers Island, Town of Southold; County 33x Map Par- eel No. 1000-9-11-2.1. 8.8.03 p.m. AppL No. 4097-- JOHN 0. AND MARIE ELENA BRIM. Variances to the Zoning Ordinance, Article III, Section 100-33 for permission to locate tennis court with steps and retaining wall in the side, yard and partly in the front yard, and having an insufficient setback from the front proper- ty line and from the freshwater wetlands, {which will include the removal of an existing garage presently in the side yard). Loca- tion of Property: Northerly side of Private Road off East End Avenue, Fishers Island, Town of Southold; County Tax Map Par- cci No. 1000-4-3-3; also referred to as FIDCO Block 18, Lots IA and lB as combined, having a total land area of 3.56+ acres in this R-120 Zone District. 9. 8:10 p.m. Appl. No. 4037-- METRO/808 REALTY CORP. Variance to the Zoning Ordi- nance, Article IX, Section' 100-92 and Article XXlV, Sec- tion 100-241A, as disapproved by the Building Inspector, for approval of a permanent rooflike structure (canopy) over gasoline pump island. The prin- cipal use, gasoline sales with ac- cessory office and necessary in- side storage incidental thereto, is COUNTY OF SUFFOLK S'['A'I'I:. OF Nt~W YORK Patricin Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, it public newspaper printed at Soulhold, in Suffolk County; and that tile notice of which tile annexed is a printed copy, has been .pul~lishet in saki I_ong Island 'l'r;welcr-Walchm;m once each week for / weeks Successively, commencing on thc / y ~ .............. day of March '1992 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St:to ol N~w York No. 4006846 qualiliod in Suflolk C09ntyt Commission Expires nonconforming in this Hamlet ' Business (HB) Zone District. Location of Property:. Comer of the northerly side of Main Road (R~ute 25) and the westerly sida of Depot Lane, Cutchogue, ' Town of Southold; County Tax Map Parcel No. 1000-102-5-26. 10. 9:00 p.m. Appl. No. 4091 --EUGENE M. LACOLLA. :LO Variance to the Zoning OMi-/ nance, Article III, Section 100-31 A & B, requesting l~r- mission to change use of a por- tion of the subject premises, from residential to non-residen- rial. Location of Property:. north ! side of Main Road (State Route ' 25), Greenport, Town of, Southold; County Tax Map Par- ' col Nos. 1000-56-4-24 & 19. The Board of Appeals wiLL at said time and place hear any and ail persons or repr~entatives de- siring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject head- ing. Each hearing will not start before the times designated above. For more information~ please call 765-1809. . Dated: March 17, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowaiski IX, 3/19/92 PRoJEQT I.D. NUMBER 617.21 ~ Appendix ~" State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only P~ART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 5. IS PROPOSED ACTION: __ I~'New [] Exaanslan [] Madificat ionlalt elation 6. DESCRIBE PROJECT D IEFLY: ~ ~ AMOUNT OF LAND AFFECTED: WiLL PROPOSED ACT~O~ COMPL~ W~TN ~X~ST~NG ZONING O OTHER LA O US RE TRICTIONS? ~ 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [~Res,dent,al E] Inaustria, :["-']Commercial E] Agricullure [] Park/Forest/Open SDace [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL, STATE OR LOCAL)? I1· DOES ANY ASPECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUtRE MODJFICAT ON? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE 8EST OF MY KNOWLEDGE ApphcantlSponsor name: ~---_~L./ ~ (._ 3¢~_ ~'-~' ~<~ {... ~~e.action is in the Coastal Area, and you are a state %ency, complete Coastal Assessment Form before proceeding with this assessment the OVER I (Continued on reverse side) of th~s form, and an eov~.~.~.~a~~ty Review Act reau~r~ ........ ak review w~ll be m~e L~ submission ~HOR~ ENVIRONMENTAL ASSESSMENT FO~! INSTRUCTIONS: (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 b~ 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 projecz is no= Significant. {d) En_~vlronmental Assessmen~ 1. Will project result in a large physical change to the project site or physically alter more than l0 acres of land? 2. Will there be a major change to any Unique or Unusual land form on the site? 3. Will project alter or have a large effect on ~Yes ~ NO 4. Will project have a potentially large imuact on groundwater quality? - Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant Or animal species? 7. Will project result in a major adverse effect on air quality? 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 _~_No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, Or paleontological, importance or any site designated as a critical envircomental area by a local agency? ~Yes _~_No 10. Will project have a m~jor effect on existing or future recreational opportunities? . Yes _~No i1. Will project result in major traffic problems or Yes 12. Will project regularly cause objectionable odors, noise, glare, vibration, Or electrical disturb- ance as a result of the project,s operation? ~Yes ~No 13. Will project have any impact on public health 14. Will prelect affect the existing community by ~¥es directly causing a growth in permanent popula- charact~r of the community or neighborhood? 15. Is there public controversy Concerning the prelect? QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, c~ncrete barriers, decks, etc? If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average grounde--1-~-~l? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1-~17 State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes ~ Yes ~ Yes ~ Yes ~ Yes ~ Yes Yes%.~ Yes <~ Yes%_No/ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes~ Yes Yes~ Yes <.~2Xi~ Yes~ Yes Yes ~ 10. 11. 12. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Is new construction proposed in the area of contours_~ at 5 feet or less as exists? ~c-~ ~ ~T~ If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Yes Yes No 13. Please list present use or operations conducted upon the subject property at this time and proposed Please submit photographs for the recdrd. I certify that the above statements are true and are being s~bmitted for reliance by the Board of Appeals in considering my application. Signature (Property Owner) -~"Authorized A~ent) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L,L. No. 6-1985]: A. TIDAL 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 Iow tkle 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 following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; and/or (3) All land immediately adjacent to 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. FRESIIWATER WETLAN DS: (i) ' Freshwater wet ands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) Ail land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) ami lying with- m seventy-five (7,5) feet landward of the most land- dge of afi eshw tter wetland." / / 9705 . I ~l~ ROBERT W. FEAGLES and ANITA MacRAE FEAGLES, both of the Town of West Hartford,.County of Hartford and State of Connecticut ("Releasers") ~'~ ~-~5 %~ ~o~ q~. for divers good causes and considerations thereunto moving, especially for One Dollar and other valuable consideration received to our full satisfaction of ANITA HacRAE FEAGLES, of the Town of West Hartford, cou__n~y of llartford and State of Connecticut (."Releasee") ~q~--. (-'~'~'C~'~ "%--~-- have rcxnlsc'd, released, and lb;ever quhclai,ned, and do by these presents, for' ourselves and our successors and heirs, justly and absolutely rcmlse, CLAIM unto the said Releasee, her 104 35' successors, heirs and asslgus forever, all such right and title as release, and £oreve,r. QUIT- RE:AL ESTA~FI': JUN 2 0 1980 T,R~AN'5 ~R TAX SU'FFOkK THENCE South 21 degrees 42 minutes 40 seconds West, along land now or formerly of Henry C. Osborn, III and land now or formerly of Edmund P. Osborn, 431.76 feet to the monument set on the northerly side of Beach Avenue and the point or place of beginning. we the said Releases have ~or oughttohavcin erie Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being on Fishers Island, Town of Soutbold, County of Suffolk and State of New York, more particularly bounded and described as foil. owe: BEGINNING at a monument set on the northerly side of Beach Avenue, which said monument is located South 47 degrees 07 minutes 40 seconds East, a distance of 383.02 feet from the corner formed by the intersection of the northerly side of Beach Avenue and the easterly side of Equestrian Avenue, said monument is also located North 39~.96, West 3559.91, when measured from United States Coast and Geodetic Survey Trlangulation Station "Pros"; RUNNING THENCE North 47 degrees 07 minutes 40 seconds West, along the northerly side of Beach Avenue, 236.65 feet to land conveyed to Robert W. Feagles and Anita MacRae Feag~es by deed recorded in Liber 8324 of Deeds at Page 574 in the Off~ce of the Clerk of the County of Suffolk; THENCE North'27 degrees 29 minutes 11 seconds East, along said last mentioned land of Robert W. Feagles and Anita MacRae Feagles, 338.90 feet to the southerly side of Ocean View Avenue; THENCE along the southerly side of Ocean View Avenue, the following two courses and distances: 1. South 58 degrees 56 minutes 00 seconds East, 81.33 feet; 2. South 83 degrees 56 minutes 00 seconds East, 110.92 feet to land now or formerly of Henry C. Osborn, III; TI~NCE South 25 degrees 24 minutes 40 seconds West, along said last mentioned land, 7.54 feet to a monument; .. COUNTY and to her of thc said Releasee, successors, heirs and assigns, to the only use and behoof her successors, heirs aod assigns forever, so that neither the said Releasers, we Signed, Sealed a,M Delivered in presence of Wendy Hff~wood - have hereunto set our h:tnds ant] seals in the year of our Lord nineteen hundred ROBERT W, FEAGLES , rtndersi~ncd officer; l,er.wnally aplwttred ROBERT W. FEAGLES and ANITA MacRAE FEAGLES known to me (or satis/hctorily proven.) to be the pcrso,, s whose ,antes ~subscribed to the within insb'gment attd acknott.ledffcd that ~te y ea'cctded the satnc for thc pterfoses therein confined ~ ~ ~,~- ~- .- ..~.~ ]n ~lduv~m ~cre~f. I hereunto set tny hand and official sca[.' deed. Latest address of Gra?ltea: No. andStreet 182 Fern Street, City Barclay Court "ar ~ f n r d ~-CT--~0 6 ] ~k7 /UCY~ J, AHMAN WORST Publlc, Sram et New York ,.. ,..~' .52'0028880 Term e~plres ~arch 30. 19 T~tle of OEiccr ~' ' this I~, day of and eighty. nor any other person or persons in our name and behalf, shall or will hereatt(:r el:dm or demand any right or title to the premises or any part thereof, but they and every of them shall by these preseuts be excluded and forever barred. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date AUGUST I, 89 To ANITA M. FEAGLBS P.O. BOX 21 FISI~RS ISl~,lfl), N.Y. 06390 PLEASE TAKE NOTICE that your application dated 31r~ 27, 89 for permit to BUILT A UETACIIEU GARAGE Location of Property OCEAN. VIL~ AVeNuE, FISI~RS ISLANU, N.Y. ............................ 's'de~i ................. Ha,.~et House No. · .......... County Tax Map No. 1000 Section 9 Block ! I .. Lot 4 Subdivision ................. Filed Map No ................. Lot No ........ ' .......... is returned herewith and disapproved on the following grounds ...fi.. A.C.C.g.S.S.O.R.g.B.~I..~.I.~q .~0.~.. BE LOCATED IN' A SIDE YARI). ACCESSORY BUILUINGS [~/ST BE LOCAl'gU IN. Tltg REAR YARD. CR I00 100-33 ........................................ · Building /'~''/~'/'~' Inspector ' ' RV 1/80 _ISLAND M ~x 0o/~' Real Property Tax Service Agency TOWN OF SOUTHOLD~ NE~V YORK ACTION OF THE ZONC~G BOaA~) OF AFPEALS AppealNo. 2570 Dated July 9, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Robert and Anita Feagles 21 Colony Road West Hartford, CT 06117 DATE .S....e.p..~.........6.., 1979 Appelant was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to property ( ) Bequest for a special exception under the Zoning Ordinance ~ ]Request for a variance to the Zoning Ordinance ( ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Artlcle .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:20 P.M. Upon application of Robert and Anita Feagles, 21 Colony Road, West Hartford, Connecticut, for a variance to the Zoning Ordinance, Article III, Section 100-31, and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: Equestrian Avenue, Fishers Island, New York, bounded on the north by Ocean Uiew Avenue; east by Philipp; south by Beach Avenue; west by Equestrian Avenue. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE. difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE. (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (xvould not) SEE REVERSE. and therefore, it was further determined that the requested variance ( that the previous decisions o! the Building Inspector ( -.~'~/~ APPROVED ' ZB4 Chairma~ ) be granted ( ) be confh'med ( ) be reversed. · ZONING BOARD OF APPEALS ) be denied and After investigation and inspection, the Board finds that the applicant is the owner of a parcel of land containing 2.0 acres. The proposal is to divide the property into three parcels, all of which have a dwelling located on them. The Board agrees with the reasoning of the applicant.~ The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Doyen, seconded by Mr. Tuthill, it was RESOLVED, that Robert and Anita Feagles, 21 Colony Road, West Hartford, Connecticut, be GRANTED permission to divide property with insufficient area and width. Location of property: Equestrian Ave- nue, Fishers Island, New York, bounded on the north by Ocean View Ave- nue; east by'Philipp; south by Beach Avenue; west by Equestrian Avenue, upon the following CONDITION: (1) The building that is in need of repair shall either be renovated or razed. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Doyen, and Tuthill. Date Documents Accepted for Filing: Apl. Fee Required: $ ~oo. ~ Aoplication Incomplete for the Following Reasons: Date 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 / / I / / / / / 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. / / / I / / / / / / I / / 1 / / I / / / , 1 / / / / / / / / / / SOUTHOLD TOWN BOARD OF APPEALS -22- August 16, 1979 MR. BITSES: I forgot to mention this is conditioned upon the F'~ Planning Board's site plan approval. MR. DOUGLASS: In this respect then I must say that you will find that the proper thing to do is put this on a recess for this' reason. As long as Mr. Ciacia's house is where it is, it is usable as a residence. This property is "C" zoned right back to the railroad. Moving the house does not change the property to a "A" residential zone. In order to move that house, you will have to go before the Town Board first and have that "C" zoned changed to "A" residential. We cannot grant living conditions in a "C" zoned. It is now non- conforming. As long as the house stays where it is, it is okay. But we cannot grant this unless you get a change of zone from the Town Board. How much time will you need? ~ ' MR. BITSES: What is the~Schedul~'of 'the Town B0~r-d~' 'Youl ¥~°' generally'would know more about that then~I would. It might take more than one meet%ng. Let'S set it down'for one'month's hence. ' MR. DOUGLASS: Okay. .~ . On motion by Mr. Tuthill, seconded by Mr.' G~ig0nis, it was RESOLVED, that Appeal No. 2574 on behalf of Raymond and Ann Ciacia, Main Road, Greenport, New York, be RECESSED until Thursday, September 27, 1979, at 7:30 P.M. (D.S.T.) in order to allow the applicant time to obtain a change of zone from the Southold Town Board. Vote of the Board: Ayes: and Tuthill. ~1/-t PUBLIC HEARING: Appeal No. Messrs: Douglass, Grigonis, Doyen, ~-//- ~, oF,~-~ ~i~ 2570 - Upon application of~ .... 21 Colony Road, West Hartford, Connecticut, for a variance to the Z6ning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insuf- ficient area and width. Location of property: Equestrian Avenue, Fishers Island, New York, bounded on the north by Ocean View Avenue; east by Phillpp; south by Beach Avenue; west by Equestrian Avenue. The Acting Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affi- davits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Acting Chairman also read a letter from the Town Clerk that notification by certified mail had been made to: Barbara Phillip. Fee paid $15.00 MR. DOUGLASS: I have a survey of this piece of land and when w~ were over there as the survey shows there is the main house on the ~ one piece, another house that will renovated on the second piece, and~- there is a third house which is the tumbled down eyesore that they talk about changing. So there is presently houses on each parcel that could S~UTHOLD TOWN BOARD OF APPEALS -23- August 16, 1979 be renovated. It will not increase any density. We have also the County Tax Map of that area and the surrounding parcels. Is there anyone present who wishes to speak for this application? (there was no response). Is there anyone present who wishes to speak against this application? (there was no response). Maybe our colleague from Fishers Island would like to say something. MR.~.DOYEN: It is very desirable that the aPPeal be granted. That structure has been an eyesore for many years. The Town has been petitioned to see if they can get it razed. Obviously there wasn't, so from the community's point of view this should be granted. MR. TUTHILL: Don't you think it should be conditioned that something be done with that old barn there? .. ~R~-GRIGONIS: ~'~Y0u are-still.going to h~v~ some g~ipes. .- - _MR. TUTHILL: That is the main r~ason for it is to remove the eyesore. ~ MR. DOYEN: They could renovate the eyesore if they Saw fit. It is just ~at I suspe6t they want to raze ~he ~yesore so they could build another structure further back on the lot. If they so elected to renovate the structure there, they should be given the Qpportunity to do this. At one time it had been gutted, but never rebuilt again. The windows were just blocked off and it got run down. I don't know why we should penalize him, we don't ask other people to guarantee that. MR. GRIGONIS: Why don't we just say eliminate the eyesore. Then they can improve it. MR. DOYEN: It is their intent to do that even though they don't .say So. However, suppose they did want to renovate the existing structure. As long as the eyesore is removed, i%e. renovat~ or removed, is that is important to the community. MR. TUTHILL: They certainly cannot use it the way it is. MR. DOYEN: No, but you could renovate it, if you so elected. I think we should allow him to have that option. Why don't you say that he remove the eyesore one way or the other, by renovation of the building or tearing it down. MR. TUTHILL: How do you make a nice e~esore? MR. DOYEN: I don't know. After investigation and inspection the Board finds that the applicant is the owner of a parcel of land containing 2.0 acres. The proposal is to divide the property into three parcel~ all of which have a dwelling located on them. The Board agrees with the reasoning cf the applicant. SOUTHOLD TOWN BOARD OF APPEALS -24- August 16, 1979 ~ The Board finds that strict application of the Ordinance woul produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike an the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On mo~ion by Mr. Doyen, seconded by Mr. Tuthill, it was RESOLVED, that,.Robert and Anita Feagles, 21 Colony Road, West Hartfor, Connecticut, be GRANTED permission to divide property with insufficient area and width. Location of property: Equestrian Ave- nue, Fishers Island, New York, bounded on the north by Ocean View Avenue; east by Philipp; south by Beach Avenue; west by Equestrian Avenue,%~upon the following condition: (1) The building that is need of repair shall either be reno~ rated or razed Vote of the Board: Ayes: Messrs: and Tuthill. Douglass, Grigonis, Doyen PUBLIC HEARING: Appeal No. 2578 - Upon application of Herbert R. Mandel, Inlet Lane Extension, Greenport, New York (John Geideman, as.agent), for a variance to the Zoning Ordinance, Article III, Secti~ 100-31 and Bulk Parking Schedule for permission to construct an addi-~. tion to a buildi~g:~ith insufficient side yard. Location of property:. Inlet Lane, Greenport, New York, bounded on the north by Clempner; east by Gull Pond; south by Conant; west by Inlet Lane. The Acting Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Acting Chairman also read a letter from the Town Clerk that notification by certified mail had been made to: · R. Clempner and Miriam Conant. Fee paid $15.00. MR. DOUGLASS: We have a survey map showing the house on the pro- perty and its positioning and the postion of the walk they are talking about along the side and then across the rear of the house on Gull Pond. We also have a copy of the area on the County Tax Map. Is there anyone present who wishes to speak for this application? JOHN GEIDEMAN: I just want to make it clear that this walk is on the first floor elevation and is not on the ground. It~will be similar in construction to the house. The only reason for the variance is to pass the chimney. There is heavy brush between the existing.~house and the nearest house and I don't believe that this will create any hardship. Thank you. MR. DOUGLASS: Is there anyone else who wishes to speak for thi~ application? (there was no response). Is there anyone present who wishes to speak against this application? ToWN CLERK TOWN OF SOUTHOLD Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 REcEnr~DOF /~/~ ¢~ ~J~ 42794 Judith T. Terry, Town Clerk f ,i PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAMI~ A~DDRESS ~t~ .~ , being duly sworn, deposes and s~s that on the ~ay of ~~/ , 19'~ponent mailed a true copy of the Notice set forth on the re- verse side hereof~ir/cted 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 addresse~ of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- e~L~ ~ ; that said Notices were mailed to each of said persons by (regi'stered) mail. / Sworn to before me this e~''-'~ day of ;,9 ~ GINA PETRONI, Notgry Public My ~mmission Expiro5 May 3, (This side does not have to be completed on form transmitted to adjoining property owners.) NAM~ PRO0[ Ps Form 3800 June 1985 ~) ss.: ~~ ~ ~ . _ . being duly sworn,'depo~es and says ~at on the ~y of L~I_~/ . 19 ~ponent mailed a true copy of the No~ce set forth on the re- verse side hereof, directe/to each of the above-named persons at the addresses set opposite their respective names; that the address~ set opposite the names of said persons are the addresses of said persons as shown on assessmentroll of the Town of Somhold; that said Notices were mailed at the United States Post Of- ~,~ , ~ ;that said Notices were mailed lo each of said persons by egis~er~ah. / Sworn to b:fore me 1his .~'~ (This side does not have to be completed on form transmitted to adjoining property owners.) lc, ON, ,2 ,/ I 81, 35~ ,, N ~§o '~4'40"E 7, 54' LOT 4 AREA= I. 79 "' Acres ',1 o o L~ LOT 4 AREA=I.79, Acres N 25° 24'4~'E 7.54'