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HomeMy WebLinkAbout4122 APPEAL~ BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD ACTION OF THE BOARD SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Rehearing Granted 11/9/92 on: Appl. No. 4122-B in the Matter of the Application of ROBERT H. AND KATHRYN B. DEXTER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck addition to dwelling within 75 feet from the bulkhead. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. The subject parcel is substandard in size and is located in the R-40 Zone District. WHEREAS, all the Members of the Board voted to re-hear this application, at a public hearing, held on November 9, 1992, and at said hearing all those who desired to be heard were heard and their testimony recorded (and no public opposition was submitted); WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100-239.4B for permission to construct an open deck, as modified in the drawings submitted October 26, 1992 extending 10 feet at the southeasterly corner from the house and extending 16'6" at the southwesterly corner from the house, inclusive of a proposed five (5') ft. overhang at the second floor. The setback between the southeasterly portion of proposed deck and the lower bulkhead is closest at 55 feet. The remaining areas of the proposed deck and the new step area are also to be maintained at 55 feet (or greater). The total length of the deck is shown to be 53'11" on the sketch prepared by Robert H. Dexter, P.E. dated October 22, 1992. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 126, Block 11, Lot 20, contains a total lot area of approximately 31,000 sq. ft. and lot width of 100.0 feet. Page 2 - Appl. No. 4122 - Rehearing Matter of ROBERT AND KATHRYN DEXTER Decision Rendered November 9, 1992 3. The dwelling which exists is presently set back approximately 180 feet from its northwest corner of the house to the front (northerly) property line. The distance between the rear of the house and the second, lower retaining/bulkhead along Great Peconic Bay appears to be approximately 60 feet. The copy of a survey submitted has a reduced scale and the certified distances were not provided by the surveyor at the time that map was prepared November 9, 1987. It should be noted, however, that there are two bulkheads, the lower bulkhead is 12 feet farther from the house than the upper bulkhead. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet. 5. It is noted that there are existing structures with setbacks similar to that of the dwelling currently. The lot to the west (now of Pillai) has a pool which appears to be at 55 feet from the lower bulkhead area, with the pool fencing at a closer setback. The lot to the east (now or Cervon) has an existing dwelling which appears to be set back approximately 52 feet from the lower bulkhead area. This information was taken from the maps on file under Appeal No. 4042 (Cervon) which was denied for a reduction in the bulkhead setback on September 12, 1991, and Appeal No. 3270 dated October 11, 1984 (Pillai). The Dexter dwelling, as mentioned in paragraph #1, appears to be situated at 60 feet (or slightly more) from the lower bulkhead at its closest points. 6. It is the position of the Board that the amount of relief requested for the open deck, as modified, with a setback at the revised, greater setback of 55 feet is not substantial. It is also the position of this Board that in considering this application: (a) the relief requested is the minimum necessary to afford relief, there being no other alternative for appellants to pursue other than a variance; (b) the relief, as requested for a reduction to 55 feet, as an alternative to the origina3 request, is more consistent with the essential character of neighboring waterfront properties immediately in the vicinity of this parcel; (c) the nonconformities of the property size and setbacks of the existing dwelling lend to the difficulties and uniqueness in this project; Page 3 - Appl. No. 4122 Rehearing Matter of ROBERT AND KATHRYN DEXTER Decision Rendered November 9, 1992 (d) the variance would not in turn set a precedent and will be adverse to the safety, health, welfare, comfort, convenience or order of the intent of the zoning regulations of the Town; (e) in view of all the above, the interests of justice will be served by granting the relief as alternatively modified. Accordingly, on motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, the relief requested under Appeal No. 4122-B in the Matter of ROBERT H. AND KATHRYN B. DEXTER, be and hereby is APPROVED AS MODIFIED. (Please see paragraph 91, supra, for details of deck extension and sizes.) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was unanimously adopted. lk THE SOUTHOLD TOWN DATE HOUR Town C --' .... ~1~., .,_own of Scuthold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J~. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD Appl. No. 41~2: Application of ROBERT H. AND KATHRYN B. DEXTER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck addition to dwelling within 75 feet from the bulkhead. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. The subject parcel is substandard in size and is located in the R-40 Zone District. WHEREAS, a public hearing was held on September 10, 1992, and at said hearing all those who desired to be heard were heard and their testimony recorded (and no public opposition was submitted); WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100-239.4B for permission to construct an open deck extending 16 feet at the first floor of the house, and a five (5') overhang at the second floor level, all as shown on the sketches submitted under this application by the applicants. The setback proposed between the new deck area and the lower bulkhead is 47.4 feet at its closest point, and 35 feet to the upper bulkhead closer to the house. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 126, Block 11, Lot 20, contains a total lot area of approximately 31,000 sq. ft. and lot width of 100.0 feet. 3. The dwelling which exists is presently set back approximately 180 feet from its northwest corner of the house to Page 2 ~ Appl. No. 4122 Mafter of ROBERT AND KATHRYN DEXTER Decision Rendered October 15, 1992 the front (northerly) property line. The distance between the rear of the house and the second, lower retaining/bulkhead along Great Peconic Bay appears to be approximately 60 feet. The copy of a survey submitted has a reduced scale and the certified distances were not provided by the surveyor at the time that map was prepared November 9, 1987. It should be noted, however, that there are two bulkheads, the lower bulkhead is 12 feet farther from the house than the upper bulkhead. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet. 5. It is noted that there are existing structures with setbacks similar to that of the dwelling currently. The lot to the west (now of Pillai) has a pool which appears to be at least 55 feet from the lower bulkhead area. The lot to the east (now or Cervon) has an existing dwelling which appears to be set back 52 feet from the lower bulkhead area. This information was taken from the maps on file under Appeal No. 4042 (Cervon) which was denied for a reduction in the bulkhead setback on September 12, 1991, and Appeal No. 3270 dated October 11, 1984 (Pillai). The Dexter dwelling, as mentioned in paragraph 91, appears to be situated at 60 feet (or slightly more) from the lower bulkhead at its closest points. 6. It is the position of the Board that the amount of relief requested for a 16-ft. deck with a setback at 47.4 feet is substantial, being approximately 36% of the required standard. It is also the position of this Board that in considering this application: (a) the relief requested is not the minimum necessary to afford relief, and there is an alternative available for appellants to pursue, with greater set backs and less relief than that as applied herein; (b) the relief, as requested for a reduction to 47.4 feet from the bulkhead is not consistent with the essential character of neighboring waterfront properties immediately in the vicinity of this parcel; (c) the nonconformities of the property size and setbacks of the existing dwelling lend to the difficulties and uniqueness in this project; (d) the variance would in turn set a precedent and will be adverse to the safety, health, welfare, comfort, Page ~ ~ Appl. No. 4122 Ma~ter of ROBERT AND KATHRYN DEXTER Decision Rendered October 15, 1992 convenience or order of the intent of the zoning regulations of the Town; (e) in view of all the above, the interests of justice will be served by not granting the relief as requested. Accordingly, on motion by Mr. Villa, seconded by Mr. Doyen, it was RESOLVED, the relief requested under Appeal No. 4122 in the Matter of ROBERT H. AND KATHRYN B. DEXTER, be and hereby is DENIED WITHOUT PREJUDICE, in its entirety. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Villa. (Member Dinizio abstained. Member Richard Wilton abstained due to his new appointment to the board on 10/6/92.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTH©LD TO~N CL~iilYi DATE/ /i,/ Town Clerk, Town of South~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE 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 MONDAY, NOVEMBER 9, times specified below: 53095 Main Road, Southold, 1992 commencing at the 1) 7:32 p.m. Appl. No. 4099 - Application of CHARLENE EDWARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck extension between existing deck and stairs along the bluff of the Long Island Sound. Location of Property: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel No. 1000-68-3-8.2. The size of this lot has a total area conforming to the requirements for this R-40 zone District. 2) GROUP HOME LIVING PROGRAMt 1992 Notice of Disapproval relief under Article XXIII, Ordinance for the placement of fencing at more 7:35 p.m. Appl. No. 4098 - Application of INDEPENDENT INC. (IGHLP) appealing the June 30, issued by the building inspector, for Section 100-231(B) of the Zoning than the 6-1/2 Page 2 - Legal Noti~ Hearings for November 9, 1992 Southold Town Board of Appeals ft. height limitation (proposed height: 8 ft.}. Location of Property: 52550 Main Road, Southold, NY; County Tax Map Parcel No. 1000-61-3-1. 3) 7:38 p.m. Appl. No. 4137 - Application of JANE C. PEACE appealing the October 19, 1992 Notice of Disapproval issued by the building inspector, for relief under Article IIIA, Section 100-30A.3 for the placement of a raised concrete patio extension with awning at a setback of less than the required 35 feet from the front property line along Reydon Drive. Location of Property: 40 Grove Drive at Intersection with Reydon Drive, Southold, Reydon Shores, Section H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 4) 7:42 p.m.' Appl. No. KOSTOULAS for a Variance XXIII, Section 10'0-239.4 4098 - Application of TONY AND MARIA to the Zoning Ordinance, Article for approval of deck extension (at or near ground level) and fence, as exists, near the L.I. Sound bluff. Location of Property: 1035 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. (Hearing was previously postponed for Town Trustees action on Coastal Zone Permit jurisdiction). Page 3 - Legal Nott Hearings for November'S"' 9, 1992 Southold Town Board of Appeals 5) 7:50 p.m. Appl. No. 4136 - Application for GEORGE BITSAKIS AND OTHERS (Owners) for a Variance under Article XXIII, Section 100-239.4A for permission to construct addition and reconstruct existing dwelling structure areas located within 100 feet of the L.I. Sound bluff or bank. Location of Property: 57065 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-044-2-1. This property is nonconforming as to total lot area in this R-40 Zone District. 6) 7:55 p.m. Appl. No. 4132-B - Application of SPECTACLE RIDGE, INC. to include, as amended, a request for relief under Article III, Section 100-3iA(i) (and/or Section 100-31C pertaining to accessory uses) to permit residential second-floor use for family member of a proposed accessory building, in conjunction with the use of the proposed principal single-family residence. Location of Property: 14990 Oregon Road, Cutchoque, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of lot line and before the Farmland Development Rights on 17+- acres, leaving 2+- acres for one (1) principal dwelling use per two acres of land area. 7) 8:00 p.m. 'Ref. File No. 4122-B. Application of ROBERT H. and KATHRYN B. DEXTER under Article XXIII, Section 100-239.4B · for a rehearing, or in the alternative, new Application for a Page 4 - Legal Not~ Hearings for November 9, 1992 Southold Town Board of Appeals deck extension, as modified, plus second-story overhang, all to be located within 75 feet of the lower bulkhead along Great Peconic Bay. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. 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 or visit our office. Dated: October 26, 1992. BY ORDER oF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski Copies transmitted to the following on or about 10/26/92: L.I. Traveler-Watchman Suffolk Times, Inc. Ms. Charlene Edwards, 40-27 195th St., Flushing, NY 11358 IGHL, Inc., Attn: Mr. Walter Stockton, Box 638, 62 Pine St., East Moriches, NY 11940 Donald M. McGayhey, Esq., Box 981, 1050 Youngs Ave., Sld 11971 Re: Jane Peace Mr. and Mrs. Tony Kostoulas, 2-21 148th St, Whitestone 11357 Ward Associates, P.C., 1500 Lakeland Ave, Bohemia 11716 Re: G. Bitsakis and others Mr. G. A. Strang, R.A., Box 1412, Southold 11971 Re: Spectacle M/M Robert H. Dexter, 197 Kensington Rd, Garden City 11530 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ....J.IJ.I,.Y...1.5., .............. , 19.9.2... File No ................................ To . .R.o..b?y.t...~... ?...Z?.t.h.~..y?. ?. :. p?.t..~ r 197 Kensington Road Garden City, Rew York 11530 PLEASE TAKE NOTICE that your application dated ....,I.IJ.I,.Y...1.5., ............... 19 .9.2... for permit to construct....A..B.g.C.K..A..Dp.X.T.I..0~..A.S...A.P.P.L..I .E.D..~ .O.R ..................... at Location of Property ....8.3.2.0...~.r.e.a..t..P.e.c. 9.n.l.c' . .B.a.y. Blvd. i~iattituck, i~I.Y. House No. ~ 'S't~i ............................ ............. 2 0 Ham/et County Tax Map No. 1000 Section 12_ . Block ...1.1 .......... Lot .............. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ~/ITltIlq ? 5 t OP & BULKItBAB ON RIP-RAP. CR 100- 100-239.6B Building Inspector RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................ , 19... Approved ................. 19... Permit No ............ Disapproved a,: ........ ; ...... (Building Inspector) APPLICATION FOR BUILDING PERMIT OARD OF HEALTH ......... 3 SETS OF PLANS .......... SURVEY ................... CIIECK .................... SEPTIC FORH .............. NOTiPY: CALL ................... HAlL TO: Date... ) .~.<Y.Z. ~..../.,3..7.' 19 g.7,- INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted 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 of property must be drawn on the diagram which is part of this appli- cation. ¢. 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 issued 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 cod~housing code, ar3d,regulations, and to admit authorized inspectors on premises and in building for necessary inspectionx~/~/ ~./////~j/ 7~ ' ........... ........... (Signature of applicant or name, if a corporation) (Mailing address of applicant) //~-5 ~ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ............................................. J" ................................. Name of owner of premises....~(~?..~.T....,~....~...~.~.?.t~. ?'.~.~.,, .'~::. ?~..~.' .~'./~'(-~ .................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly auth~orized officer. (Name and title of corporate officer) Bu'lder s License No. ' Plumber's License No ......................... Electrician's License No ....................... Ot er Trade s License No ...................... 1. Location of land on which proposed work will be'done. ~ __ 47ezr /~, ' ................................................ ............................... · .................. Zt~/.~. T/~. .C. .c< ...................... House Number Street Hamlet Cotmty Tax Map No. 1000 Section / '~ 6' Block 11 Lot ~ ~ Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..... ff.~.~. ~.C..,.."7...~..'~'..~. ..... ./q.z?.¥... <. ~3.( .'Y.~ ....... b. Intended use and occupancy .... .~.~5.4,... -- .O..,(q. C ,,~'A~ )~: ~- :~.z!.x4q'. ................... 3. Nature of work (check which ap lc): New Building .......... Addi .......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... 4. Estimated Cost '~...~'~o~ (Description) ...................................... Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ...... ./. ....... Number of dwelling units on each floor ................ · If garage, number of cars .................. 6. If business, eomm ...................................................... ercial or mixed occupancy, specify nature and extent of each type of use . 7. Dimensions of existin~ structures if a,,,,' ~r~,,,~ ~ ~/~, ~gnt ............... umber of Stones . ./.2, ........... imensions of same structur,~ 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. Date of Purchase .... '7'M/./-/~-~-/--.: .... ' ......... Name of ~'o'r~e'r (~v~l;; ............................. 11. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate ~iny zoning law, ordinance or regulation: Will lot be regraded ....... ,, ................... Will excessfill be removed,~from premises: Yes 14. NameofOwnerofpremisesx~/~/./_J~',<~'~/~ Addr~ /~'? ~¥~'/'~'''~ ~ *,- ,. ~'.-, .~/.2~ No ................ '~ ~'M,~'~' ~,'r~-' --/~' '/-/~3 ~rnone rqo.o./.a.., to-...~'~...~E' Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ............. ./ ..... Phone No ................ 15. Is this property within 300 feet of a tidal wetland? *Yes....~'.... No ......... *If yes, Southold Town Trustees Permit may be required. --. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. STATE OF NEV~QP,~ ~/~. _ _ . · '.'..[~..x~ ~'.~'. '..~.i '.' ~ .K.,J~ ~ .............. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named· He is the .................. C) C~'Yx~ */"' (Contractor, agent, corporate officer, etc.). 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 that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ........... ..... ayof ...... .... ................. ~ ~al~ in Su~k ~un~ ~ (Signature of applicant) minion ~es ~ ~ 19~ TOWH OF SOUTHOLD, HEW YOP. X APPEAL FROM DECISION OF BUILDING INSPECTOR ^PPF_~L NO. DATE. ,J(~,.~...O....~..~"..~.....~.'0~ /~'~Z ( ) ( ) TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOL{3 N. Y. J, (We ............................ Name of Appellant Street and Number /Is"$,~ ....... ,~./~.~...J..~,,,/~.,. ,,,~..,~'.~., ........................... -~,.~.. .................... HEREBY APPEAL TO Municipahty State THF ZONING BOARD OF APPF~LS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. -- DATED ......... ~.~,.,,Y....../:~....../.~...~.Z .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ........................ Name of Applicant for permit Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPER~ Street /Hamlet / Use District on Zoning Mop Dis~Jc~ 1000 Sec~on/2~ Block//Lo~Z~ . _ ........................................................ ~urren[ Mop No. -Lot No. Pri or 0wner.~Z/~ 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 Ordinance.) Article ~,~7//~ Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( Y/~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Lows Art, 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (,,tv=s net) been mode with respect to this decision Of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ~/') request for a variance ~nd was made in Appeal No ....... .~...~..-~--~ ............ Doted ~¥ ~.,~ ~Z REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~B1 (Cominue~ on other side) .. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because ~'~ 7,'9' ~z~/c',f //,4£ I~~ ~~ ~/ ~/~ ~. 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 f,//Z' ,W~USE Z~-.,~£[d ~/V f~'~' Z~£ ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ~'~'--" MAURA K MURPHY Qualified in ~a~sau Co,nty ~ Commission Expi.e. Nov. 10, 19,/~/ ~ ~ OF"SOUTHOLD PROPERTY RE( VILLAGE :ORD_ CARD DIST. ' SUB. LOT RES. ~l ~ SEAS. LAND IMP. VLToTAL FAP, M ~O O ~ DATE C/OMM. CB. MISC. Mkt. Value REMARKS /J~Z ~ / ~'/, ~' Oo OO / FARM Acre Tillable 1 ~ Tillable 2 Tillable 3 Woodland Swampland Brushland Hodse Plat Total 0 ~ ' L JOt JILDING ~ Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK 3,/7/ M. Bldg. Extensio~~ , Extension'- Extension 'Perch Breezeway Garege COLOR TRIM Foundation 3osement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway Both Floors /2~ ~ Interior Finish Heat Rooms Ist Floor Rooms 2nd F~oor Dinette LR. DR. ' l BR. : 'FIN. B. f DEPARTMENT Of PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H, KUNZ DIRECTOR OF PLANNING November 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) Dexter, Robert H. & Kathryn B. CantorfHochbaum 4122-B 4130 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb $/s Gerald G. Newman Chief Planner APPEALS BOARD M~iBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 12, 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. and Mrs. Robert H. 197 Kensington Road Garden City, NY 11530 Dexter Re: Appl. No. 4122 - Rehearing Held 11/9/92 for Deck Dear Mr. and Mrs. Dexter: With reference to the above application, please find attached a copy of the Board's determination rendered on Monday, November 9, 1992. Please be sure to return to the Building Department for processing of your building permit application. Copies of this determination have also been furnished to the Building Department for their update and permanent recordkeeping, as well as the Suffolk County Department of Planning which has jurisdiction for projects located within 500 feet of a waterway. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department -- ~t ~c&~,~-~ Suffolk County Department of Planning ~ ~ ~ ' ' ~ Present: PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD November 9, 1992 (7:30 p.m. Hearing) HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Jr. JAMES DINIZIO, Jr. ROBERT A. VILLA RICHARD C. WILTON HARVEY A. ARNOFF, TOWN ATTORNEY LINDA KOWALSKI, Secretary-Clerk to Board Page 30 11/9/92 APPLICATION NO. 4t22-B. RE-HEARING FOR APPLICATION OF ROBERT H. and~KATHRYN B. DEXTER under-Article XXIII, Section: 100-239.4B for a rehearing, or in the alternative, new Application for a deck extension, as modified, plus second-story overhang, all to be located within 75 feet of the lower bulkhead along Great Peconic Bay. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. 8:18 p.m. (The Chairman reopened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: The last hearing is a hearing from the last meeting. I am sorry, a decision from the last meeting. We had the application at the last hearing. I have a copy of the survey, sketch of the survey indicating the modification on this deck which at this time is 55 feet at its closest point; and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Dexter and Mrs. Dexter, we would like to welcome you again. Is there something you would like to add to this application? Appearance: Mr. Robert Dexter, Applicant Pro Se MR. DEXTER: Good evening. We tried to address each of the questions that the Board raised and the reasons for the rejection and offer mitigating circumstances. As you can see, we modified the deck. We shifted the bulk of the deck to the west so that it would be further back from.the bulkhead. We Page 31 - 11/9/92 shortened the deck from sixteen feet to ten feet on the east end, and we chamfered the corner to achieve the greatest setback we possibly could. The upper deck remained as it was originally shown, which is approximately 57 feet back. In the rejection we noted that the house to the east of us, the Shavone (phonetic, no spelling supplied record) property, is set back 52 feet from the lower bulkhead, and the pool in the property to our west, the DeLay (phonetic, no spelling supplied record) is 55 feet back from the bulkhead, and there is a fence around the pool which would be somewhat less than 55 feet back, so that the houses on either side either have part of the house or the structure, some structure on the property, that is close or closer than the proposed modified deck. We also went out for a walk On the beach and noted --and we took pictures of them and submitted them along with, I guess subsequent to our re-application-- indicating that there were three houses actually the third, fourth and fifth house to the east of ours that had decks, two of them with roof structures, that were within 10 to 20 feet of the lower bulkhead, very visible, so we took our pictures right from the beach. We have also been advised that there are other properties to the west of us --not quite as close as that-- but there may be others that we are just not aware of, that have decks, and some are fairly centered. One in particular we understand extends from the house all the way to the bulkhead, and there are two others that have decks right on the bulkhead. Page 32 - 11/9/92 The people on either side, for the first hearing anyway, I don't know if there is any objection to the latest one --but they have not indicated any objections; the Town Trustees have approved it; and the DEC has indicated that we are not required to obtain a permit from them. We are hoping that the modifications we offered will satisfy the concerns of the Board, and that the fact that there'are other decks much closer, much more visible, than ours in the neighborhood would indicate that our proposed deck would not be changing the character of the neighborhood. And we hope that you will consider these favorably. THE CHAIRMAN: Thank you, sir. Let me ask you a question. You don't have to get up. When you are talking about the second story overhang, you are referring to a deck on the second story, is that correct? MR. DEXTER: That's correct. THE CHAIRMAN: I should point out to you that the reason why this Board chose to deny this application without prejudice was because we didn't really want to do the surgical cuts because we had no idea where to cut, when to cut, what was palatable to you people, and so that was the reason for the denial. At this time I have to ask the Board if they want to treat this application as a re-hearing or as a new application. (Consultation among Board members.) THE CLERK: It has to be unanimous. THE CHAIRMAN: It is screwy the way we do it because we usually don't make a decision the same night. Page 33 11/9/92 UNIDENTIFIED MEMBER: I was only concerned if he wasn't'there the first, then he wouldn't be able to s~t -- get it? THE CLERK: It would be a re-hearing. THE CHAIRMAN: Which you need a unanimous vote to do. As opposed to a brand-new hearing, and Mr. and Mrs. Dexter have been kind enough to give us a check for the new application, and we know this was upsetting to them, and a question would only add further upsetment. THE CLEP~K: I THE CHAIRMAN: need to have a vote for the rehearing. That was what we just did. I just polled the Board, so now I will say I make a motion and we are going to give him his check back. I make a motion granting a rehearing. (Seconded.) And here is your check back, sir. MR. DEXTER: Thank you. THE CHAIRMAN: Rather than get into the semantics of that fiasco prior, I thought maybe it would be better if we dealt with it toward the end of the hearing. Is there anybody else who would like to speak in the audience here? CARL AUSTIN: My name is Carl Austin, and I am a broker with (inaudible) Real Estate, and I live (inaudible) about a mile from the applicant. There are numerous deck structures that go straight to the bulkhead and even below the bulkhead on the second bulkhead, as well as decks, bath-houses and screen-houses, pools. Myself, I have a deck that is within 52 feet from the lower bulkhead. My neighbor has a pool which Page 34 11/9/92 is about 10 or 12 feet from the upper bulkhead, and there are numerous structures, and I can't see where this would have any adverse effect. THE CHAIRMAN: I just want to mention to you while you are standing and I very rarely mention this, but I will. Mr. Dinizio and myself spent quite a bit of time looking at that situation, Peconic Bay Boulevard. I grew up on Siggsbee, so I know Peconic Bay Boulevard very well. We had found that a substantial amount of the construction of some of those decks, particularly to the west of the Dexters property, were done without permits. And this all came to light when we had an application, oh, probably about ten houses west of the old Camp Immaculata property, where one neighbor had added three decks on it without a permit, and then the neighbor next door proceeded to get the same waterview, and then came in with the application and was denied. Now, conceivably those people will have to deal with that. That is just one example -- when and if they want to go and sell their property. As you saw what happened with the first application tonight, so what may be there is there but it may not be legal. MR. AUSTIN: I am talking about ones that have been pre-existing for many year ~s and also-- THE CHAIRMAN: No question about it. Any questions of Mr. & Mrs. Dexter concerning this application? Any objections from the Board? Page 35 - 11/9/92 (There was no response.) THE CHAIRMAN: I will make a motion granting this application as it is applied for as long as the lower deck not be enclosed. Any second on that? (Seconded.) THE CHAIRMAN: Thank you very much for coming back in. Happy Thanksgiving and safe home. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cum,~ssion: X Variance from the Zoning Code, Article XXIII , Section 100-239.4B Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Re-Hearing to Discuss Alternative Relief for an open deck Appeal No:4122-B Applicant: ROBERT H. AND KATHRYN B. DEXTER Location of Affected Land: 8380 Great Peconic Bay Blvd., Laurel, NY County Tax Map Item No.: 1000- 126-11-20. Within 500 feet of: 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 extend deck, as modified, plus second-story overhang, all to be located within 75 feet of the lower bulkhead along Great Peconic R~y, ~opies of Town file and related documents enclosed for your review. Dated: Nov. 10, 1992 Mr. Gerard P. Goehringer, Board of Apnea!s Town of Southold Southold, Yew York 11971 Dear Mr. Goehringer: October 26. 1992 Chairman Re: Ap?ea]. l~_1~ L~ LL~ ~ ()ur request for oermission to construct decks within 75 ft. of the bulkhead at 8380 Peconic Bay Blvd., Hsttituck, ht~s been denied. Ue respectfully request that the hearing be reopened so that new facts which ho~,efu_lly will change the decision of the Board, may be 0resenbod. For exr~nle, we have learned from a resideni: fsrailar with the area that there are a nt~ber of decks in the neighborhood that are ~osit~oned directly adjacent to or on the bulkhead. [~hree such decks exist on the following nroperities: Section 126, Block 11, Lot 7 (Palmer) Section 128, Block 2, Lot 12 ~ '0 ~ eot~ n 12~ Block 6, Lot 7 (lustin) le aisc feel that determining the amount of ~elief requested by measuring to one point on a deck that is l,~O ft. long causes confusion. If the average s~etback is used, the ~ount of relief decreases from 36~ to 261., a substantial reduction. Also. by changing i:he depth and/or configuration of the lower dock at it's east~ end~ the mlr~iin~n~ setback can be increased from ~-t-7.~- ft. to ~ ft. The setback of the Cervon house on the lot to bhe east is 52 ft. from the lower bulkhead. The >illai oroper~y on the lot bo thc west has a ~ool that appears to be ~ ft. back from tho lower bulkhead. The fence around ~he pool would, therefore~ be somewhat ]ess than ~ ft. from the lower bulkhead. Since our uooer deck is set back ~7 ft. at it's closest point and since the lo~rer deck could be r~odified to achieve a ~ ft. set back at it's closest ooint and since other decks a'ooarent]y exist in this neighborhood within the 7~ ft. setback and since our decks ~i].l have set backs equal to or greater than strnctu~es en either side of us, we feel that the relief ~re are requesting is consistent with the essential charaoi3er of neighboring %mterfront p~o]oerties immediately in the vicinity of this parcel. -2- Please Note that neither ~eighbor has objected to our request for a vsriance. The Beard of Town Trustees, Town of Southold, h~s approved our request for a variance and the D. ~'4 C. has dete~ined thst no oer~ait is required ~nder the Tidal Uetlands Act (Article 2~ of the Enviromental Conservation Law). Based on the above, v~e respectfully request that tho hearing for ~.~speal ~o. ~122 be reooened. you for y~:ur consideratio~ in this ~uatter. Yours truly, Robert H. Dex-er ~athryn B. Doxter 197 Kensington Road Garden Cmsy, ~ew York APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dini~o, Jr. Robe~A. ViUa Richard C. Wilton Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 26, 1992 -~,E.O.R.A. TYPE II ACTION DECLARATION Appeal No. 4122-B Project/Applicants: County Tax Map No. Location of Project: Robert & Kathryn Dexter 1000- 126-11-20 8380 Peconic Bay Blvd., Laurel, NY Relief Requested/Jurisdiction Before This Board in this Project: Rehearing, or in the alternative,-new Application for a deck extension, as modified, plus second-story overhang, all located within 75' of the lower bulkhead This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516! 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc .Page 3 - Appl. No. t22 - Rehearing Matter of ROBERT AND KAT~IRYN DEXTER Decision Rendered November 9, 1992 (d) the variance would not in turn set a precedent and will be adverse to the safety, health, welfare, comfort, convenience or order of the intent of the zoning regulations of the Town; (e) in view of all the above, the interests of justice will be served by granting the relief as alternatively modified. Accordingly, on motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, the relief requested under Appeal No. 4122-B in the Matter of ROBERT H. AND KATHRYN B. DEXTER, be and hereby is APPROVED AS MODIFIED. (Please see paragraph 91, supra, for details of deck extension and sizes.) Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was unanimously adopted. lk New Yo~k SP, te Department of Environmental Conservation Region 1 Headquarter~ SUNY, Building 40, Stony Brook, NY 11794 DATE: ).1,',,¢ ,t 5' A review has been made of four proposal to: .~e.r,/l!<. , ~., d.,,.z,:.~..-,',"-; ,,-.-,,-,'/-~ ~.,x_.~.. - ,I /¢ . -- . Based on the information you have submitted, of gqvironmenbal Conservation has ~ebermined ,~ project the New York State Departm~r.L that the parcel Greater than 300' from inventoried tidal wetlands. ~<~-Landward of a substantial man-made structure ~',~/U~ ;,/ greater than 100 ~n length which was constru~ to %/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, cliff oz dune which greater than 10' in elevation above ~ean sea level. Therefore, no permit is required under the Tidal Wetlands Act (Article of the Environmental Conser?tion Law). Please be advised, however.'that no construction, sedimentatzon st disturbance'of any k~nd may-~ake;pla~e seaward of t~e 10' contour or topographic crest without a permit.' Et is' your responsibility to ensure tha~ ail necessary precautions Lo prevent any sedimentation or othe~ alteratio~ or disturban ground surface or vegetation tn tb~a~area as ~ result of your project, Such precautions may ~ i.clude prp~idl~%~ adequate wo~ azea between 10' contour or topographic crei~-~"{he pro~ce (l~;~' a 15' to 20~ wide construction area) or erection o~*&! ~em[~r&ry fence, barrier, or hay bale berm. Please note that any addition&l work, or ~lEica~ion to the project as describe, m~y requite authoti~etion by thiCk, resent. Please contact this of~ioe. 1~ luch are contemplated. '~'~'- ' .Please be farther advised ~hat thio ~relieve you of the responsibility of obtaining any. aecessary approvals f agencies. ,rmit AdmJ October 28, 1992 ~.ir. Gerard P, Goehringer, C]~airman Board of ~)pe~ls To~.m of oouth" - o~ld,~.Tew York 11971 Re: A>peal No. 11J22 Dear lit. r, · . ..~oehrmnger. Enolosed for your consideration are four (il-) photos and a tax map shorting decks on the 3rd, hth and gth ~ots to the east of our prooerty at 8380 Peconio Bay Ylvd.~ Mattituck (S~ction 126, i21ock 11, Lot 20). Please note h¼at all three (3) decks are within 10 to 20 feet of the lower bulkhead. Two of 'the decks have associated roof structures. Ail three are highly visible from 'the beach, as nhotos show. We feel 4hat these three (3) decks and the three (3) decks identified in our orevious ~etter, dated October 26, 1992, will support our ~osition that our ~roposed decks will not change l~he character of the neighboring waterfront ~rooerties immedigte!y in the vicinity of our oronerty. ¥our~ t ru]_y t[obert H. Dexter Kathryn B. Dexter 197 Kensington !~oad Garden City, Ne~.~ York 11730 NOTICE IS IIEREBY 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 sOUTtIOLD TOWN BOARD OF APPEALS at the Southold qbwn llall, 53095 Main Road, Southold, New York 11971. en MONDAY. NOVEM- BEP- 9. 1992 commencing'at the times specified below: 1) 7:32 p.m. Appl. No. 4099 -- Application of CIIAIILENE ED- WARDS for a Variance to the Zoning Ordinance, Article XXIII. Section 100-239.A for approval of deck ex- tension between existing deck and stairs along the bluff of the Long Is- land Sound. Location of property: 880 Salt Marsh Lane, peconic. NY; Coun- ty Tax Map parcel No. 1000-68-3-8.2. The size of this lot bas a total area conforming to the requirements for tiffs R-40 Zone District. 2) 7:35 p.m. AppL No. 4098 -- Application of INDEPENDENT GROUP tIOME LIVING pRO- GRAM, INC. (IGIILP) appealing the June 30, 1992 Notice of Disap- proval issued by the building inspec- tor. for relic[ under Article XXiIi. Section 100-231(B) of the .Zoning Ordinance for the placement of fenc- ing at more than the 6-1/2 ft. height limitation {proposed height: 8 ft.}, Location of Property: 52550 Main Road, Southold. NY; County Tax Map parcel No. 1000-61-3-L 3) 7:35 p.m. Appl. No. 4137 -- Application of .lANE C. PEACE appealing the October 19,1992 N~tice of Disapproval issued by the betiding inspector, for relief under Article IIIA~ Secti~,~ 100-30A.3 lot the placement with awning at a setback of less than thc required 35 feet from the front proper~y line along B. eydon Drive. Location of propc~y: 40 Grove Drive at Intersection w~th Reydon Drive. Southold, Reydon Shores. Section 11. Lot 23. 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17-L 4) 7:42 p.m. AppL No. 4098 -- Application of 'PONY AND MAP, IA KOSTOULAS for a Variance to the Zoning Ordinance, Arriclc XXIII. Section 100-239.4 for approval of level) and fence, as exists, near the LI Sound bluff. Location of prop- I e~'y: 1035 AquaV cw Avenue. East I Madon, NY: Coun y Tax Map parcel { No 1000-21-2-13. This property is nonconforming as to total lot area in ! this R-40 Zone DistricX. (lleating was previously postponed for Town 'trustees action on Coastal Zone Pcr- mit jufisdiedon). 5) 7:50 p.m. Appl. No. 4136 -- Application for GEORGE BIT- sAKIS AND OTIIERS (Owners) ~ for a Variance under Article XXIII, Section 100-239.4A for permisslm~ to within 100 feet of the gI. Sound bluff or bank. Location of property: 57065 C.R. 48, Greenpo~t. NY; County Tax Ma )a col No. 1000-044-2-1. Ti[fsi pro~cr~y is nonconforming as to total !, lot area in this 1~.-40 Zone District. 6) 7:55 p.m. Appl. No. 4132-B -- Application of sPECTACLE RIDGE, INC. to include, as amend- ed. a request for relief under Article Iii, Section 100-3IA(I) {and/or Sec- don 100-31C Ix:naMing to aceesso~/ u'ses) to permit ~esidential second- floor use ¥or family member of a pro- posed accessoq' building, in conjunc- tion with the use of the ptopused prin- cipal single'family residence- iL~°oCa~' tion of propeay: 14990 OregOn I , Cu chogue NY; Courtly Tax Map Par- cci No. i003-084-01-02- This prppcr- Y · ' Zone District Conservatwn (A-C) and is presently before the Southold Farmland Development Rights On 17+ acres, leaving 2± acres for one (1) of land area. 7) g:00 p.m. Re[. File No. 4122-B. Application of p, OBERT H. AND KATIIRYN B. DEXTER under Ar- ticle XXLff, Section 100-239.4B for a Am~ilinA. plus second-~to~ ovethan~ all to be located within 75 feet of th Bay, Location of pvopeay: 8380 Gveal pcconic Bay Boulevard. Laurel. NY County Tax Map Parcel No. 1000 The Board of Appeals will at san time and place hear any and all per-{ hearing. Each hearing will not star before the times designated above. Fo~ more information, please call 7651 1809 or visit our office. TOWN BOARD OF APPEALS GERARD P. GOEIIRINGER By Linde Kowalski STATE OF NEW YORK) ) SS: COUNTY OF SUF~'OLK) Cara Conklin of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for one weeks successively, commencing on the 29th dayof 0ct°berl992 · Principal Clerk Sworn to before me this ~?~/-~ ' day of0c%ober/~,19~ ~ .~ '~ :~'~mrv i%blic, Sla:~ of New '(o~k ] COUNTY OF SUFFOLK STATE OF NEW YORK ss: NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on MONDAY, specified 1) 7:32 p.m. Appl. No. 4099 - Application of CHARLINE EDWARDS for a Variance to the Zoning Ordinance, Article XXI[I, Section 100-239.A for approval of deck extension bet- ween existing deck and stairs along the bluff of the Long Island Sound. Location of Pro- perty: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel NO 1000-68-3-8 2 The size of this lot has a total area conforming to the requirements for this R-40 Zone District. 2) 7:35 p.m. Appl. No. 4098 Application of INDEPEN,: DENT GROUP HOME LIV- ING PROGRAM~ qNC. tlGH LP) appeaIing the June 30, 1992 Notice of Disapproval issued by the building inspector, for relief under Article XXIII, Section 100-231(B) of the Zon- ing Ordinance for the placement of fencing at more than the 6-1/2 ft. height limitation (pro- posed height: 8 ft.). Location of Property: 52550 Main Road, Southold, NY; County Tax Map Parcel No. 1000-61-3-1. "3~) ~?.73~8 P~.~ ." A~plt 'No. 4137- Application of JANE C .P~d~Clc appealing the October 19, 1992 Notice of Disapproval issued by the building inspector, for relief under Article IliA, Section 100-30A.3 for the place- ment of a raised concrete patio extension with awning at a set- back of less than the required 35 feet from the front property line along Reydon Drive. Location of Property: 40 Grove Drive at intersection with Reydon Drive, Southold, Reydon Shores, Sec- tion H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 4) 7:42 p.m. Appl. No. 4098 - Application of TONY AND '3'~,¥R'1~ KO~'Oi~L.~S lor"a Variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground leveD and fence, as exists, near . the El. Sound bluff. Location of Property: 1035 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. (Hearing was previously postponed for Town Trustees ac- tion on Coastal Zone Permit jurisdiction). 5) 7:50 p.m. Appl. No. 4136 - Application for GEORGE BIT- SAKIS (Own~'i~s) for a Variance under Article XXlIl, Section 100-239.4A for permission to construct addition and reconstruct existing dwelling structure areas located within 100 feet of the L.I. Sound bluff or bank. Location of Property: 57065 C.R. 48, Grecnport, NY.; County Tax Map Parcel No. 1000-044-2-1. This property is nonconforming as to total lot area in this R-40 Zone District. 6) 7:55 p.m. Appl. No. 4132-B - Application of~ RIDGE~ INC. to .inchide, as amended, a request for r61ief under Article III, Section 100-3lA (1) (and/or Segtion 100-31C pertaining to accessory uses) to permit residential second-floor use for fam~ily member of a proposed accesory building, in conjunction with the use of the proposed prin- cipal single-family residence. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural- Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of lot line and before the Farmland Development Rights on 17+- acres, leaving 2+- acres for one (1) principal dwelling use per two acres of land area. 7) 8:00 p.m. kef. File No. 4122-B. Application of ROBERT H. and KATHRYN B. DEXTER under Article XXIll, Secnion-t~-239.4B for a rehear- ing, or in the alternative, new Application for a deck exten- Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....... qO..~-. ............... weeks successively, commencing on the . . .c:~:7 ............... Swmn lo before methis .................... da~ ~l ...... .... ,9 Notary Public BARBARA' A~ SLWINEIDE~ NOTARY PUBLIC, State of t,D.w York' No. 4~0C~46 Q,~q;l:,od in guFolk County , Corlln,tsia~; Expirea g/3~/q~ sion, as modified, plus second- story overhang, all to be located within 75 feet of the lower bulkhead along Great Peconic Bay. Location of Property: 8380 GreAt Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. 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 or visit our office. Dated: October 26, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski 13(_10/29/92(_25D_. 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. GOEHI~INGER CHAIRMAN By Linda Kowalski ( COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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 bie held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New, York 11971, on MONDAY, NOVEMBER 9, 1992 commem cing at the times specified below: 1) 7:32 p.m. Appl. No. 4099' - Application of CHARLINE EDWARDS for a Variance to' the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck extension bet- ween existing deck and stairs along the bluff of the Long Island Sound. Location of Pro- perty: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel No. 1000-68-3-8.2. The size of this lot has a total area conforming to the requirements for this R-40 Zone District. 2) 7:35 p.m. Appl. No. 4098 Application of INDEPEN- DENT GROUP HOME LIV- ING PROGRAI~I "INC. (IGlqLP) appearing the June 30, 1992 Notice of Disapproval! issued by the building inspector, i for relief under Article XXIII,: Section 100-231(B) of the Zen-; lng Ordinance for the placement, of fencing at more than the 6-1/2 ft. height limitation (pro- posed height: 8 ft.). Location of Property: 52550 Main Road, Southold, NY; County Tax M,ap Parcel No. 1000-61-3-1. ,~,, .~ 'i 'r3)~."3~ p'.~fi.: A~Spl~'No. 4137.- I Application of JANE G.' ,P~CE appealing the October 19, 1992 Notice of DisapprovalS. issued by the building inspecto?, for relief under Article IliA, ~ Section 100-30A.3 for the place- ment of a raised concrete patio ' extens on w th awning at a set- back of less than the required 35 ~ feet from the front property line I along Reydon Drive. Location of Property: 40 Grove Drive at lmersection with Reydon Drive, Southold, Reydon Shores, Sec- tion H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 4) 7:42 p.m. Appl. No. 4098 - Application of _TONY ANJ) '~4tA'R'IA KOb~TOL, LAS 1o~ a 'v~,triance to the Zoning Or-[ dinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence, as exists, near the L.I. Sound bluff. Location of Property: 1035 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. (Hearing was previously postponed for Town Trustees ac- tion on Coastal Zone Permit jurisdiction). 5) 7:50 p.m. Appl. No. 4136 - Application for GEORGE BIT- SAKIS A N D'~'~[~"~ (Owners) for a Variance under Article XXIII, Section 100-239.4A for permission to construct addition and reconstruct existing dwelling structure areas located within 100 feet of the El. Sound bluff or bank. Location of Property: 57065 C.R. 48, Greenport, NY; County Tax Map Parcel NO. 1000-04~-2-1. This property is nonconforming as to total lot area in this R-40 Zone District. 6) 7:55 p.m. AppL No. 4132-B~, - Application of OPECTACLE R1DGE~ INC. to 'include, as amended, a request for relief under Article I11, Section 100-3lA (1) (and/or Section 100-31C pertaining to accessory uses) to permit residential second-floor use for family member of a proposed accesory building, in conjunction with the use of the proposed prin- cipal single-family residence.. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is ! located in the "Agricultural- ] Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of lot line and before the Farmland Development Rights on 17+- acres, leaving 2 +- acres for one (1) principal dwelling use per two acres of land area. 7) 8:00 p.m. Ref. File No. 4122-B. Applicatioq of ROBERT H. and KATHRYN B. DEXTER under Article XXII] Seetiorc~00-239.4B for a reheal lng, or in the alternative, new Application for a deck exten- Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ........ &,0.e,..~. .............. weeks successively, commencing on the c2~-C]M"~ Sworn to befol e mc this .. c:,~j~.J'j' ........... (I,1~ ,,l .... .......... ,9 Notary Public BARBARA' A~ SgHNEIDE,re NOTARY PUBLIC, State of Now York' i~0.4~0C~4B hi Suffolk County Comn:izs~; Expires sion, as modified, plus second- I story overhang, all to be located within 75 feet of the lower bu khead aong Great Pecon c Bay. Locatiop o f property: 8380. GreAt Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. 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 or visit our office. Dated: October 26, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski I X-10/29/92(251 -- No'rIC~ilEARIN~ L.I. Sound bluff. Location of prop- NOTICE 1S IlEREBY GIVEN. erty: 1035 Aquaview Avenue, East pursuant to Seotion 267 of thc Town Marion, NY: Coun y Tax Map Parcel No. 1000-21-2-13 This property ts Law and the Code of the Town of ' Southold, the following matters will nonconfonnlng as to total lot area in be held for public heatings before the this R-40 Zone District. (llearing was sOUTIIOLD TOWN BOARD OF previously postponed for Town AppEALS at the Southold Town lh'dl, Trustees acfioa on Coastal Zone 53095 Main Road, Southold, New mit jurisdiction). 5) 7:50 p.m. Appl. No. 4136 York 11971, tm MONDAY, NOVEM- Application for GEORGE BIT- BERg, 1992commencing'atthefmes SAKIS AND OTllERS (Owners) specified below: for a Variance under Article XXIII, 1) '/:32 p.m. Appl. No. 4099 -- Section 100-239AA for permission to Application of CIIARLENE ED- ~onstmot addition and reconstmot ex WARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck ex- tension between existing deck and stairs along the bluff of the Long ls- l~md Sound. Location of Property: 880 Salt Marsh Lane. peconic, NY; Coun- ty Tax Map parcel No. 1000-68-3-8.2. Thc size of this lot has a total area conforming to the requirements for fills R-40 Zone District. 2) 7:35 p.m. Appl. No. 4098 -- Application of INDEPENDENT GROUP IIOME LIVING pRO- GRAM, INC. (IGHLP) appealing the June 30, 1992 Notice of Disap- proval issued by the building inspec- tor, for relief under Article XXIII. Section 100-231(B) of the Zoning Ordinance for the placement of fenc- ing at more than the 6-1/2 fl. height limitation {proposed height: g ft.}. Location of Property: 52550 Main Road, Southold. NY; County Tax Map Parcel No. 100041-3-1. 3) '/:38 p.m~ AppL No. 4137 -- Application of JANE C. PEACE appealing thc October 19, 1992 Notice of Disapproval issued by the I~ailding inspector, for relief under Article II1A. Scctic~ IGO-30A.3 lot thc placement with awning at a setback of less than thc required 35 feet from thc front propcr~y linc along Rcydon Drlvc. Location of Property: 40 Grove Drive at Intersection with Rcydon Drive, Southold, Reydon Shores, Section Il, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 4) 7:42 p.m. Apl~1. No. 4098 -- Application of ToNY AND MARIA KOSTOULAS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of geck extension (at or near ground level) and fence, as exists, near the isfing dwelling structure areas located within 100 feet of the LI. Sound buff' or bank. Location of property: 57065 C.g. 48, Gmenpur~, NY County Map parcel No. 000.044-2-1. q3us property is nonconforming as to total lot area in this R-40 Zone Distdot. 7:55 .m. Appl. No. 4132-B -- A:~licatioPn of SPEC'FACI'.EI ~ ' C to include as amena- RIDGE, IN · . -rtide ' ed, a ~cquest for rehef under A Ill, Section 100-3IA(I) (and/or SOc- tinn 100-31C pertaining to accessovJ u'ses) to permit residential second- fl~or use for family member of a pro- posed accessory building, in conjunc- tion with the use of the proposed prin- cipal single-family residence. Loca- tion of prOpertY: 14990 Orego~ Eoad, Cutchogue, NY; Cc~nty Tax Map Par- c. el No. I000-084-01-02. q'his proper- ty is located in the *'Agrieul. tur?- Conservation (A-C)" Zone Dtstnct. and ia present y before the Sou!hold STATE OF N~ YORK) ) SS: COUNTY OF SUFFOLK) Cara Conklin of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIM~S, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for one weeks successively, co~mencing on the 29Lh dayof 0cl:°bOrl992 . Principal Clerk Sworn to before me this ~O-7c'~'~-~ ' day ofOc~'~ober/~19~ /~ / a~tarv Public, Slate of New Y~k '-- No, 478~74 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ,,49~..'/'// ~)z~'~,Kd AX'£ //~x~,~/"//A//~ ,~'~'//i'~'J'~'$ ~/-' 7'///.~ ~H~ 0 ~ 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 STATE OF NEW YORK COU~ OF ) S~gnoture~ " Qualified in C TOWH OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .~...~Z~.4,~.~...~ TO THE ZONING 80ARB OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, aWe) ~.&4.¥~..X...~.~ ..~...4.X.~.4~.~.~.~.'.~af ./.~Z..~..(Z~...Z.'.~:e.~..~.] ............................ Name of Appellant Street and Number ..................... '~./~.~...~..~...4~....~../.~.. ................................... ,.~.]~..' ......... //J-'] ~ .......... H E R EBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR. ON APPLICATION FOR PERMIT NO .................. '~. .................. DATED .................. ..Y. .................... ( ) ( ) 'tV/) WHEREBY THE BUILDING INSPECTOR DENIED TO ...... /_ ........................ Name of Applicant for permit of m. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .............................. ~. ...... ~. ......................~.~././.~..~.~.., Street /Hamlet; / Use District an Zoning Map Dis~ricl: ]000 Section/~ 81ack//Lo'cZ~ . ....... ~_~.~urrent Owner/2~Z~f//,~/~dT//,4>',~ Mop No. · Lot No. Pri or Owner ~Z/~ '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 Ordinance.) Article X,~/// - Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( i/~ A VARIANCE to the Z~ning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cans. La]ws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (ha: ncr) been made with respect to this decision 6f the Building Inspector or with respect to this property. · Such ~ppeal was ( ) request for a special permit J/') request for a variance and was made in Appea! No ....... .~..~.~] ........... Dated .........'"-'.b/~.~.~..Y....~..~.Z~.~ .......................... REASON FOR APPEAL A Variance to Section 2BOA Subsection 3 A Variance to the Zoning Ordinance Z~I (Continue~ on other side) . :'28 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be coml31eted by A0Plicant or Project sponsor) SEQR APPLICANT ISPONSO~id 2. PROJECT NAME PROJECT LOCATION: 8. WILL PROPOSEDD~C~ T;ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? I CERTIFY THAT THE INFORMATION PROVIDED AeOVE I$ TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before procoeding with this assessment OVER 1 ,iContinued on ~'eve~-se side) of ~he~N.y.S. Environmental Quality Review Act requires submission ' S~HORT E~VIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the prepare.r will use currently available information COncerning the project and the likely impacts of the action. It is not expected that additional studies, research or Other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not signifi¢~t. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or Physically'alter more than 10 acres of land? ' ' 2. Will there be a major change to any unique or 3. Will project alter or have a large effect on an existing body of water? Yes / No 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? ~Yes ~_~No 6. Will affect any threatened or endangered plantpr°jeer . or animal species? Yes / No 7. Will project result in a major adverse effect on~ air quality? 8. Will project have a major effect on visual char- known to be important to the community? ..__Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local agency? ____Yes 10. Will project have a m~jor effect on existing or future recreational opportunities? -- Yes ~ No ll. Will project result in major traffic problems or cause a major effect to existing transportation .' ' systems? _~es /___~o 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes 13. Will project have any impact on public health or safety? 14. ~Yes _~ No Will project affect the existing community by directly causing a growth in permanent popula. tion of more than 5 percent over a one-year period or have a major negative effect On the oharact~ of the community or neighborhood? there publi~con~troversy,~oncerning the QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names,of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.} B. Is the subject premises liste~ on the real estate market ~or - s~} or being shown to prospective buyers? { } Yes { No. (If Yes, ?]~=~e at~h =x~t~ir o~ "conditjnr~" of sa~e.) C. Are ther%~omalm tm ~Hnge ~ ~lter l~d =~tc~? { } 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? ~Q 3. Is the property bulkheaaed between the wetlands area and the upland building area? y~ 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~ - ~/~ ?-WU~/W~$ ,,qpp~f~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? AZ~. (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~_s which ew~t and are not =h~n cn the survey map that you ar~ submitting? ~/WA/£ If none exist, please state "none." G. Do you have any construction taking place at this time concerning yeur premises? ~ If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner alsd 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 6//V~w~/W~)., ~/W[ ~WW~), A)W~/~/~F and proposed use ,3'l~,~z~ /',4~/~;, /c~jiz)F/~,r Authorized Slgnatuke aha Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN ~ The Town of SouthulcL TRUSTEES -- The Board of Trustees of the Town of Southotd. [Added 8-5-84 by L.L. No. 6-1984] ~-ETLA~N~DS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by. ,L-L. No. ~-1985]: -.'- .... ,, A~.V ~I'DAL WETLANDS: ~ (1) All lands generaIiy covered or intermittently cov- ered with, or which border on. tidal wa~ers, 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, fla~s or other ]ow 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, saltworts, sea lavender, tall eordgrass, high bush, cattails, groundseL m~rshrnailow o.t:~d ]aw (3) All land immediately nfljacent ~a a tidal wetland as defined in Subsection A(2) and lying ~vithin seven- ty-five (75) feet landward of the most land~vard edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "l~reshwater wetlands" as defined in Article 24, Ti- tle 1. § 2-I-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All la, nd immediately adjacent to a"freshwate . 'and.'as defined i. S.bseotion BI ) .d 'yin g ~th- m seventy-five (75) feet landward of the most land. w~rd edge of a "freshwa~r wetland." 9705 $2~,J7 ' TRUSTEES John M. Bredemeyer, III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albcrtson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road EO. Box I 179 Southold, New York 11971 Aug. 6, 1992 Robert H. Dexter 197 Kensington Road Garden City, NY 11530 Re: SCTM# 126-11-20 Dear Mr. Dester: The following action was taken by the Board of Trustees at their regular meeting of July 30, 1992: RESOLVED that the Southold Town Board of Trustees approve the request for a waiver to reconstruct a fire damaged house and add a deck as applied for. If you have any questions, please give us a call. truly yours, John M. Bredemeyer, III President, Board of Trustees JMB/jmt cc. Building Dept. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING October 22, 1992 Town of Southold Zoning Board of Appeals Applicant: Robert H. & Kathryn B. Dexter Mun. File No.: 4122 S.C.P.D. File Mo.: SD-92-18 Gentlemen: Pursuant to the requiremants of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission'is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. 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 Serge Doyen, Jr. James Dinizio, Jr. h,~ Robert A. Villa Tei~p~o~e (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 XIV 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 Cumdssion: XX Variance from the Zoning Code, Article XXIX , Section 100-239.4B Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4122 Applicant: ROBERT H. DEXTER and KATHRYN B. DEXTER Location of Affected Land: 8380 Great Peconic Bay Blvd., Laurel, NY County Tax Map Item No.': lO00- 126-11-20 Within 500 feet of: Xx Comments: within 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 Applicant is requesting permission to 75 feet construct of bulkhead; premises is substandard in deck addition size & located in ~°pies Dated: R-40 Zone District. of Town file and related documents enclosed for your review. October dm~ 1992 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 20, 1992 Mr. and Mrs. Robert H. Dexter 197 Kensington Road Garden City, NY 11530 Re: Appl. No. 4122 - 16 ft. Deck Extension (Variance) Dear Mr. and Mrs. Dexter: As confirmed with you by telephone recently, please find attached a copy of the Board's findings and determination rendered at our October 15, 1992 Regular Meeting. You will note that the board's action to deny the application "without prejudice" will permit you to reapply with an alternative plan for a greater setback distance to the lower bulkhead and smaller open deck. Very truly yours, Enclosure Linda Kowalski Board Clerk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J~. James Dinizio, Jr. Robert A. Villa Ri chard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD Appl. No. 4042: Application of ROBERT H. AND KATHRYN B. DEXTER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck addition to dwelling within 75 feet from the bulkhead. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. The subject parcel is substandard in size and is located in the R-40 Zone District. WHEREAS, a public hearing was held on September 10, 1992, and at said hearing all those who desired to be heard were heard and their testimony recorded (and no public opposition was submitted); WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100-239.4B for permission to construct an open deck extending 16 feet at the first floor of the house, and a five (5') overhang at the second floor level, all as shown on the sketches submitted under this application by the applicants. The setback proposed between the new deck area and the lower bulkhead is 47.4 feet at its closest point, and 35 feet to the upper bulkhead closer to the house. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 126, Block 11, Lot 20, contains a total lot area of approximately 31,000 sq. ft. and lot width of 100.0 feet. 3. The dwelling which exists is presently set back approximately 180 feet from its northwest corner of the house to Page 2 - Appl. No.~122 Matter of ROBERT AND KATHRYN DEXTER Decision Rendered October 15, 1992 the front (northerly) property line. The distance between the rear of the house and the second, lower retaining/bulkhead along Great Peconic Bay appears to be approximately 60 feet. The copy of a survey submitted has a reduced scale and the certified distances were not provided by the surveyor at the time that map was prepared November 9, 1987. It should be noted, however, that there are two bulkheads', the lower bulkhead is 12 feet farther from the house than the upper bulkhead. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet. 5. It is noted that there are existing structures with setbacks similar to that of the dwelling currently. The lot to the west (now of Pillai) has a pool which appears to be at least 55 feet from the lower bulkhead area. The lot to the east (now or Cervon) has an existing dwelling which appears to be set back 52 feet from the lower bulkhead area. This information was taken from the maps on file under Appeal No. 4042 (Cervon) which was denied for a reduction in the bulkhead setback on September 12, 1991, and Appeal No. 3270 dated October 11, 1984 (Pillai). The Dexter dwelling, as mentioned in paragraph #1, appears to be situated at 60 feet (or slightly more) from the lower bulkhead at its closest points. 6. It is the position of the Board that the amount of relief requested for a 16-ft. deck with a setback at 47.4 feet is substantial, being approximately 36% of the required standard. It is also the position of this Board that in considering this application: (a) the relief requested is not the minimum necessary to afford relief, and there is an alternative available for appellants to pursue, with greater set backs and less relief than that as applied herein; (b) the relief, as requested for a reduction to 47.4 feet from the bulkhead is not consistent with the essential character of neighboring waterfront properties immediately in the vicinity of this parcel; (c) the nonconformities of the property size and setbacks of the existing dwelling lend to the difficulties and uniqueness in this project; (d) the variance would in turn set a precedent and will be adverse to the safety, health, welfare, comfort, Page 3 - Appl. No.~122 Matter of ROBERT AND KATHRYN DEXTER Decision Rendered October 15, 1992 convenience or order of the intent of the zoning regulations of the Town; (e) in view of all the above, the interests of justice will be served by not granting the relief as requested. Accordingly, on motion by Mr. Villa, seconded by Mr. Doyen, it was RESOLVED, the relief requested under Appeal No. 4122 in the Matter of ROBERT H. AND KATHRYN B. DEXTER, be and hereby is DENIED WITHOUT PREJUDICE, in its entiretY. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Villa. (Member Dinizio abstained. Member Richard Wilton abstained due to his new appointment to the board on 10/6/92.) This resolution was duly adopted. lk Page 3 - Appl. No. I~22 Matter of ROBERT AND KATHRYN DEXTER Decision Rendered October 15, 1992 convenience or order of the intent of the zoning regulations of the Town; (e) in view of all the above, the interests of justice will be served by not granting the relief as requested. Accordingly, on motion by Mr. Villa, seconded by Mr. Doyen, it was RESOLVED, the relief requested under Appeal No. 4122 in the Matter of ROBERT H. AND KATHRYN B. DEXTER, be and hereby is DENIED WITHOUT PREJUDICE, in its entirety. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Villa. (Member Dinizio abstained. Member Richard Wilton abstained due to his new appointment to the board on 10/6/92.) This resolution was duly adopted. lk GERARD P. GOEHRINGER,/~HAIRMAN / ECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE / ~/2,--/~HOUR Town Cl~rk, Town o, TO: ZBA Members FROM: ZBA Office Please find attached sketch prepared by Mr. Dexter for the two neighboring parcels. Mr. Dexter measured the house to the east (now Cervon) to be at 39 feet at its closest point to the closer bulkhead, and from the patio it is much closer. The angle of the setbacks for the closest structures for all three parcels and their buildings appears to be similar when looking at the angle of the bulkheads. ..................... .D2Z /? z ?/z~ /qz TO: ZBA Members FROM: ZBA Office Please find attached sketch prepared by Mr. Dexter for the two neighboring parcels. Mr. Dexter measured the house to the east (now Cervon) to be at 39 feet at its closest point to the closer bulkhead, and from the patio it is much closer. The angle of the setbacks for the closest structures for all three parcels and their buildings appears to be similar when looking at the angle of the bulkheads. APPEALS BOARD MEMBERS Gerard P. Goehringcr, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. . Robert A. Villa Telephone (516) 765-1809 BOARD OE APPEAI.,$ TOWN O~ SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD Appl. No. 4042: Upon Application of LAWRENCE CERVON. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition to dwelling with a setback at less than the required 75 feet from the bulkhead. Location of Property: 8460 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-21. The subject parcel is substandard in size and is located in the R-40 Zone District. WHEREAS, a public hearing was held on August 15, 1991, and at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Article XXIII, Section 100-239.4B for permission to construct 12'8" living/dining room addition to the existing dwelling with an insufficient setback from the bulkhead at 42 feet at its closest point, all as more particularly shown on the site and floor plans prepared by Thomas C. Samuels, R.A. dated 7/9/91. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 126, Block 11, Lot 21, contains a total lot area of approximately 24,373 sq. ft. and lot width of 70.0 feet. 3. The dwelling which exists is presently set back approximately 52 feet from the southeast corner of the house to the second retaining wall (bulkhead structure) along Great Peconic Bay and 39+- feet to the first retaining wall. This existing dwelling contains a first floor area of 2061 sq. ft., exclusive of porches, patios, steps. ~age 2 September 12, 1991 Board of Appeals Special Meeting Matter of Appl. No. 4042 - LAWRENCE CERVON 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet. 5. It is noted that there are other dwelling structures, including the lbg cabin dwelling to the west, situate 75 feet or" more from the bulkhead. 6. It is the position of the board that the amount of relief requested is substantial, being approximately 45% of the standard. It is also the position of this Board that in considering this application: (a) the relief requested is not the minimum necessary to afford relief, and there are alternatives available for appellants to pursue, with greater set backs and less relief from the standards applied; (b) the relief, as requested is not consistent with the essential character of the neighborhood; (c) the difficulties are not entirely uniquely related to the property and are personal in nature; (d) the variance would in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by not granting the relief as requested. Accordingly, on motion by Mr. Villa, seconded by Mr. Dinizio, it was RESOLVED, the relief requested : under Appeal No. 4042 in the Matter of LAWRERCE CERVON be and hereby is DENIED. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and Villa. (Members Grigonis and Doyen were absent.) This resolution was duly adopted lk ~ERARD P. GOEHI~INGER, CHAIRM3~N SouthoId own Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3270 Application Dated July 24, 1984 (Public Hearing October ll, 1984) TO: Gary F]anner 0]sen, Esq. as Attorney [Appellant(s)] for DR. BALA HARI PILLAI Main ~-~.0. Box 706 Cutch0gue, NY ]]935, At a Meeting of the Zoning Board of Appeals held on Dct0ber ]], ]984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of AcceS~'~) to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III , Section ]00-30(C) [ ] Request for Upon application for DR. BALA HARI PILLAI by Gary F. Olsen, Esq., Box 706, Cutchogue, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-30(C) for permission to establish sleeping quarters in a nonconforming accessory building. Location of Property: 8280 Great Peconic Bay Boulevard, Laurel, NY; 1000-126-11~019. The board made the following findings and determination: This is an appeal from Article III, Section 10073 (Ci of the Zoning Code for permission to establish sleeping quarters in a'nonconforming accessory building presently located in the frontyard area of this par- cel of land, and which is nonconforming as to its frontyard location rather than in the required rearyard area. The parcel in question is located on the south side of Peconic Bay Boulevard with a lot width of 97.50 feet and lot area of approximately 32,500 sq. ft. The subject premises is improved with a one-story frame dwelling, with established sideyards of 29.8 feet on the east side and approximately 25 feet on the west side. Also existing on the premises are a swimmingpool and whirlpool, as shown on survey most recently dated June 21, 1982, prepared by Young & Young, L.S. The board members have personally visited the site in question and are familiar with the statements presented at the public hearing in this matter. For the record it is noted that the building contractor testified in support of this application as to the expense involved in adding to the main house verses renovating the accessory building for sleeping quarters. Also, the owners of this parcel have a large family requiring domestic help which is one of the main reasons the relief is sought. Also, reference has been made to a prior variance for similar relief under Appeal No. 2486 of Richard Wall, conditionally approved on November 9, 1978, Concerning premises in the Hamlet of Cutchogue. In considering this appeal, it is the opinion of the board that the relief as requested be denied for the following reasons: (1) Article III, Section 100-30(C) of the zoning code limits uses acces- sory in this residential zone to home occupations as noted, garden house, toolhouse, storage building, playhouse, wading or swimming pool, as noted, private garages as noted, storage building as noted, horses and domestic animals as noted, certain signs as noted, yard, attic, garage, auction sales of the owner's hardship claimed is personal (CONTINUED ON PAGE TWO) DATED: October 23, 1984. Form ZB4 (rev. 12/81) personal property as noted; (2) the to the current owner of the premises CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. ~0 ~-~ Matter of DR. BALA HARI PILLAI Decision Rendered October ll, 1984 which will not justify the granting of this variance, which would in turn run with the land itself; (2) that the evidence submitted is not sufficient to justify the granting of the relief requested; (3) that the relief as requested is substantial since sleeping quarters is not a permitted accessory use under the zoning ordinance; (4) that the difficulty could be obviated by some method, feasible for the applicants to pursue, other than a variance as applied herein; (5) that the circumstances of this appeal are not unique; (6) that in view of the manner in which this case arose and considering all of the above, the interests of justice would not be served by granting the requested relief. Now, therefore, on motion by Mr. Doyen, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested in Appeal No. 3270 in the matter of DR. BALA HARI PILLAI for sleeping quarters in accessory garage structure located in the frontyard area, BE AND HEREBY IS DENIED WITHOUT PREJUDICE AS APPLIED. Location of Property: NY; lO00-126-11-O19. 8280 Great Peconic Bay Boulevard, Laurel, Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. This resolution was adopted of all the members. Doyen, Grigonis, by unanimous vote lk GERARD P. ~ , JOctober 23, 1984 ~~Xi~HAI Present: PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD September 10, 1992 (7:30 p.m. Hearing) HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Jr. JAMES DINIZIO, Jr. ROBERT A. VILLA LINDA KOWALSKI, Secretary-Clerk to Board APPLICATION NO.4122 - ROBERT H. AND KATHRYN B. DEXTER Variance to the Zoning Ordinance, Article XXIX, Section 100-239.4B, for permission to co2nstruct deck addition within 75 feet of the bulkhead. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. Subject premises is substandard in size and is located in the R-40 Zone District. 7:35 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of a sketch of a survey indicating proposed deck is sixteen by forty-- actually, it is 16.0 feet and zero inches and by 40.3 inches. The closest point to the bulkhead is 35.2 feet or 35 feet two inches; and I have a copy of the Suffolk County tax map indicating this and surrounding properties in the area. Is there somebody here representing the Dexte] s? Appearance: Mr. Robert Dexter, Applicant pro Se THE CHAIRMAN: Is there anything you would like to add to the specific application, sir? MR. DEXTER: Well, I think I covered most of the points. Actually, we are thirty-five feet from the upper deck, but there's another twelve feet to the lower deck. The deck will be set back from the water; it is about 11 feet or 12 feet above water line. There are some b6shes there along the top of the bulkhead, so it is not going to be readily visible from the 9/10/92 3 water. You have to be 'way out in the water in a boat to see it; and there are, on the one side on the west of us there is a pool in the front yard and a fence that goes down to the upper bulkhead, so I don't think we are providing any kind of obstruction for the people on either side of us, and it would certainly add to the use and the value of the property if we can have permission to put this deck as indicated on the south side of the house. THE CHAIRMAN: Now it is my understanding that the front porch was a screened-in front porch at one time and you are adding this'on to the front of the house? MR. DEXTER: That is correct. THE CHAIRMAN: However, the only difference will be that the deck will not be fenced --excuse me-- moved in any way? MR. DEXTER: No, the deck will not be moved. THE CHAIRMAN: It will remain open. How high will the deck be actually above grade? MR. DEXTER: At the house it is about a foot. At the other end it is about two feet. THE CHAIRMAN: And you are in the reconstruction mode right now with this. This is what you are going to be dealing with? MR. DEXTER: Getting ready once we are past this hearing, then we'll be ready to apply for our building permit. THE CHAIRMAN: Are you contract-vendee or do you own the property? · 9~10/92 4 MR. DEXTER: We own the property. THE CHAIRMAN: Did you own it at the time of the fire? MR. DEXTER: No, we didn't. We bought it after the fire. We did go the the DEC and got their sign-off, before we purchased the property. THE CHAIP/W3LN: I see. Thank you very much. Does anybody have any questions of Mr. Dexter? We will see what develops. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Hearing no further questions, I make a motion to close the hearing and reserving decision until later. TRUSTEES John M. Bmdemcyc~, II1, President Albert J. IQ'upski, Jr., Vice President Henry P. Smith John B. Tuthill Will/am G. Alberlson Telephone (516) 765-1892 Fax (516) 765-1823 I~SUPERVISOR SCOT'[' L. HARRIS Town Hall 530')5 Main Road EO. Box 1179 Southold, New York 11971 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Aug. 6, 1992 Robert H. Dexter 197 Kensington Road[ Garden City, NY 11530 Re: SC~,l~ 126-11-20 Dear Mr. Dester: The following action was taken by the Board of Trustees at their regular meeting of July 30, 1992: RESOLVED that the Southold Town Board of Trustees approve the request for a waiver to reconstruct a fire d~aged house and add a deck as applied for. .~ If you have any questions, please give us a call. truly yours, John M. Bredemeyer, III President, Board of Trustees JMB/jmt cc. Building Dept. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. 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 Southotd, 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J~. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, SEPTEMBER 10, 1992 commencing at the times specified below: (1) 7:35 p.m. Appl. No. 4122 - ROBERT H. AND KATHRYN B. DEXTER. Variance to the Zoning Ordinance, Article XXIX, Section 100-239.4B, for permission to construct deck addition within 75 feet of the bulkhead. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. Subject premises is substandard in size and is located in the R-40 Zone District. (2) 7:40 p.m. Appl. No. 4124 - DR. AND MRS. CARL A. SORANNO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for approval of deck addition within 100 feet of the top of the L.I. Sound bluff or bank, and Article III, Page 2 Legal Not~ Hearings for September 10, 1992 Southold Town Board of Appeals Section 100-33 for approval of accessory storage building located in the front yard area, 400+ feet from the front property line. Location of Property: 31059 County Road 48, Peconic, NY; County Tax Map Parcel No. 1000-73-4-3. (3) 7:45 p.m. Appl. No. 4125 - GREGORY POULOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to construct deck addition (to existing deck area), all of which is located within 100 feet of the Long Island Sound bluff or bank. This parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 135 Soundview Road, Orient, NY; also known as Lot #45 on the Map of "Orient by the Sea, Section Two"; County Tax Map Parcel No. 1000-15-3-3. (4) 7:50 p.m. Appl. No. 4126 - DONALD AND JEANNE KURZ. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to build new, enlarged garage as an accessory in the front yard area (replacing existing garage which was approved under ZBA Appl. No. 2332 on 8/29/77). Location of Property: 725 Terry Lane (just north of the Southold Park District), Southold, NY; also referred to as Lot #5 as approved by the Town of Southold; County Tax Map Parcel No. 1000-65-1-17. (5) 7:55 p.m. Appl. No. 4121 - FLOYD KING and ISLAND'S END GOLF CLUB. Variance to the Zoning Ordinance, Article III, Page 3 - Legal Noti~ Hearings for September 10, 1992 Southold Town Board of Appeals Section 100-33 for permission to locate accessory equipment-storage building in the front yard area. Location of Property: 3365 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-35-2-1. This property is zoned R-80 Residential. (6) 8:00 p.m. Appl. No. 4114 - GEORGE TSAVARIS. A Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck area as exists at the top of bluff stairway along the L.I. Sound. Location of Property: 2170 The Strand Lane, East Marion, NY; Pebble Beach Farms Filed Map No. 6266, Lot 111; Parcel ID No. 1000-30-2-53. (7) 8:05 p.m. Appl. No. 4119SE - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prev. 30). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the Page 4 - Legal Noti~ Hearings for September 10, 1992 Southold Town Board of Appeals 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 or visit our office. Dated: August 31, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: L.I. Traveler-Watchman, Inc. Times-Review, Inc. Copies sent 9/1/92 to the following: Mr. and Mrs. Robert H. 197 Kensington Road Garden City, NY 11530 Dexter Dr. and Mrs. Carl A. Soranno 185 Bayview Avenue Amityville, NY 11701 Mr. Blair Dibble Re: Pride Building Co., Inc. P.O. Box 1464 Southold, NY 11971 Poulos Mr. Gregory Poulos 24-09 Murray Street Whitestone, NY 11357 Dan Ross, Esq. Re: Kurz Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952-1424 Mr. Ernie Richter Re: Floyd King Richter Home Improvement Co. 515 Seventh Street Greenport, NY 11944 Mr. Russos Abadiotakis 1516 East 15th Street Brooklyn, NY 11230 Re: King J. Kevin McLaughlin, Esq. P.O. Box 1210 Southold, NY 11971-1210 Re': Goodale Mr. and Mrs. George Tsavaris 2170 The Strand East Marion, NY 11939 Dr. and Mrs. Edward Kondak P.O. Box 98 Greenport, NY 11944-0098 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS ' TOWN OF SOUTHOLD · SCOT'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Aug. 18, 1992 S,E.9.R.A. TYPE II ACTION DECLARATION Appeal No. 4122 Project/Applicants: County Tax Map No. Location of Project: Robert & Kathryn Dexter 1000- 126-11-20 8380 Peconic Bay Blvd. Mattituck. NY Relief Requested/Jurisdiction Before This Board in this Project: Deck addition within 75' of bulkhead 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 617.13ta) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {speoifically 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 Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk July 28, 1992 Zoning Appeal Appl. #4122 - ROBERT H. & KATHRYN B. DEXTER Transmitted herewith is Zoning Appeal Appl. #4122 - ROBERT H. & KATHRYN B. DEXTER together with the Notice of Disapproval from the Building Department, the Application for a Building Permit, a copy of the proposed drawing of the deck, the Notice to Adjacent Property Owners, the Short Environmental Assessment Form, the Questionnaire from the Zoning Board of Appeals, a Site Plan, a copy of a letter from David DeRidder of the NYS DEC, a letter from Mr. Dexter to the Town Trustees, and 11 pictures with diagram showing where taken. Judith T. Terry Town Clerk / FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date .....I.U.L.Y...I.S ................. 19 .9.2... File No ................................ To . .R.o..b.e.r.t...H....&...K.a.t.h.r..y.n..1} ....D.e.x.t. ? r 197 Kensington Road Garden City, lqew York 11530 PLEASE TAKE NOTICE that your application dated ....J.U.L.Y...1.5., .............. , 19 .9.2... for permit to construct....A..D..E.C.K..A..~p.Zy.; .O.~..A.S...A.P.P.L. ;.~p. y..O.R ..................... at Location of Property ....8.:!.2.0...G.r.e.a..t. ~'.~c..o.n.i.q..B.a.y..~ .l.y.d... ........ .1.l.a.t.t. ~.t.u. qk.:..R...~.: House No. Street Hamlet County Tax Map No. 1000 Section 125 Block I I Lot 20 Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .... I{. I..T.~.I.~. ? .5.'..O..~..A. ......... BULKRgAD Olq RIP-RAP. CH 100- 100-239.4B Building Inspector RV 1/80 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 6. DEBCRISEPROJECTB"IEFL¥: _-~ /~/5'T/,'O'd' ~/R[ ~/~ ~ [D HdOG[ ~Resi0eotlal ~ In0usttial ~ C0mmemial ~ Agriculture ~ Pa~ForesuO~en space CERTIFY THAT THE INFORMATION PROVIDED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete trle Coastal Assessment Form before procoeding with this assessment OVER 1 (Continued on reverse side) The ~.Y.S. Environmental Quality Review Act requires submission SHORT ENVIRONMENTAL ASSE$SME~T FO~! I~NSTRUCTIONS: (a) £n order to answer the questions in this short EAF it is assumed that the prepare.r will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertakem. (b) If any question has been answered Yes the project may he sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the ~ project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or un~ual land form on the site? __Yes ~No 3. Will project alter or have a large effect on an existing body of water? Yes /No 4. Will project have a potentially large impact on groundwater quality? Yes 5. Will project significantly effect drainage flow on adjacent sites2 - Yes /No 6. Will project affect any threatened or endangered plant or animal species? Yes ~No 7. Will project result in a major adverse effect on air quality? Yes 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas .- ~own to he important to the community? . .~Yes 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologiual importance or any site designated as a critical envircemental area by a local agency? . Yes /No 10. Will project have a m~jor effect on existing or future recreational opportunities? _ Yes ~N0 11. Will project result in major traffic problems or · cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes / No 13. Will project have any impact on public health 14. Will project affect the existing community by directly causinq a growth in permanent popula- tion of more than 5 percent over a one-year period o~r have a major negative effect on the charactcr of the community or neighborhood? 15. Is there public controversy co cerning the ZBA QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the Owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate shDet may be attached.) B. Is the subject premises listed on the real estate market for ~ sa%e or being shown to prospective buyers? { } Yes {~} No. (If Yes, p3_aasm a~h cntmg of "cond/~ns- of ~e.) C. Are there/~ p~upo~al~ ~ ~nge ~ alter l~d c~? { } 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 bul~eaded between the wetlands area and the upland building area? Y~S (~F /)~j ~E£ ~.~- 4. If your property contains w~tlands 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 fen~as which e~t and are not ~h~wn on the survey map that you s~bmitting? ~/j[ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~£ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~D If yes, please explain where or submit copies of deeds.' proposed use dT/~/WZ~ ~,~X/~ Authorized Signature an~ Date Please list present use or operations conducted at this and 3/87, 10/90Ik New York State Department of Environmental Conservation Region I Headquarters SUNY, Building 40, Stony Brook, NY 11794 A review has been made of your proposal to, /~f~ - , / , Base~ on the [n[o~ma[[on you have sub~[t~ed~ ~he ~e~ Yo~k S[a~e o~v[~onmen~a[ Conservation has ~e~e~m[ne~ ~ha[ ~he parcel p~ojec~ is= G~ea~e~ ~han 300' ~rom inventoried t~daL ~et[ands. ~Landward of a substantial man-made structure greater than 100' in length which was constructed prior to 9/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, Deputy Regional Permit Administrator FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ................ , 19... Approved 19 .. Permit No ............ Disapproved a/c ........ : ...... __ (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS 3ARD OF HEALTH SETS OF PL.'iNS .......... SURVEY ................... CIIECK .................... SEPTIC FORH .............. t;O'~ I PY | CALL ................... HAIL TO: a. This application must be completely filled in by typewriter or in ink and submitted 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 of property must be drawn on the diagram which is part of this appli- cation. 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 issued 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 cod.e/jhousing code, an, al,regulations, and to admit authorized inspectors on premises and in building for necessary inspectionx~/./~.~,/ _ . ......... .......... .' (Signature of applicant, or mime, if a corporation) .. r.:.,e....x4:.... (Mailing address of applicant) // State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ;'/. ................................................. . ............. Name of owner of premises ....~(~?...A.(.../~....~...~'.~. ?/~..)'.x?....~.... ?~..~.' .~./:'(( ....................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly auth~orized officer. (Name and title of corporate officer) Bu'lder's License No. ' Plumber's License No ......................... Electri?ian's License No ....................... Other Trade's License No ...................... 1. Location of_land, on which proposed work will be'done ..... . ."~..- ....................................... 4,4 .z',~ ~. . .......................... - ..... ~- · · .' .................. /.~t~./T//Z2...~..~K .................... }louse Number Street Hamlet County Tax Map No. 1000 Section .................. Block .................. Lot... Subdivision ..................................... Filed Map No. · ·: ........... Lot (Name) ............... 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a- Existing use and occupancy ..... .~.~.~.5£ '~' ~.'qJ~- .~?.lq/zy .?.~..~.~.e../.~..~. b. Intended use and occupancy .... .~.O5.4,_... 7. S:?.¥q it....,~.4.,~../.~. ~.. D/4,~t~rz./.~. (. ................... 3. Nature of work (check which ap e): New Building .......... . ......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... '~ -.5"~ (Description) 4. Estimated Cost (to be paid on filing this application) 5. If dwelling, number of dwelling units.. / Number of dwelling units on each floor ................ · If garage, number of cars 7. If business, commercial or mixed occupancy, specify nature and extent of each type of use · ._-/ ............ ear ...,~ -,-r ........ Depth./.?....,D...,-~. ~,~Dimensions of existing structures if any' Front Height Num ............... oer o~ ~tones .. 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. Date of Purchase .... .7~././..~. ~.t... :..... ......... Name of Former Owner ............ 11. Zone or use district in which premises are situated ........................ iiiiiiiiiiiiii ............... 12. D°es pr°p°sed construction violate ~ny zoning law, ordinance or regulation: ............... 13. Willlot be regraded ................................ ....... ,, ................... Will excessfill be removeetC'rom premises: Yes N 14. Name of Owner of premises ~/1/./2~',~ ZYt< Name of Architect ................ ~,~,*~ ~,~->.- ~ ./-v~-~ ~, · -~.~ ....,~... ~..,~:. ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ............. ,/ .....Phone No .......... 15. Is this property within 300 feet of a tidal wetland~ ,v^~ V/ .. ' ..... · If yes, Southold Town Trustees Permit may be required. -. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. STATE OF NE~,¥~ORgI~-'~ IL- _ coulD, t rx s.s ..... . .t~--~..x..[,~.. '.('.~. '. '. '.~. i '.'.~..K."~ ~ being duly sworn, deposes and says that he is the applicant (Name of individual signing co~'t;a'c'ti .......... above named. He is the ..................... C) c~d'Yk~ ("' (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed tlie 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 that the work will be performed in the manner set forth in the application flied therewith· Sworn to before me this ........... ..... .... .... ~ ~ StYe of N~ Y~ ....... '. ~ ~ ~ ¢~{.. K [ ..~.. ~o. ~79~ ................... ~ Oualffi~ in Surfak ~u~ ~ (Signatu~ of applicant) minion ~k~ ~m~ ~ 19 ~ y Tax Service ~ooo r ~ A~C MATTfTUCK R -80 LIO R-gO A-C GREAT R-SD BAY PEGONI¢ ' ~ TOWN CLERK TOWN OF SOUTHOLD 4 3 9 Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 Date t~dith T. Tern'3,, Town Clerk Cash [] Check [~/'~//~ By BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER ,4// 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~ (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 subiect of such Petition is located in the following zoning district: 4 That by such Petition, the undersigned will request the following relief: /~/~/;/Zz~'/;4 /'~; ~/~ 2~ ~c4- A~v~ T/~ Z~b~ ~. Thal [h~ provisions of ~hc 5ou[hold Town Zonin~ Cod~ applicable ~o thc r~l~ef sou~h~ by th~ under- signed are ~cle CH /~ ~on /~0 -23~, ~ [ ] Section 280-A, New York Town Law for approva] of access over r~ght(s)-of-way: 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: L//~Z,y ,ZZ /~ Petitioner Owners 'Names :z~YEx$? Post Office Address 1~7 X~£~u~'/~r~4/ ~. Tel. No. ~'/~ [Copy of sketch or plan showing proposal purposes.] tO NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 417 146 192 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS,: P 417 146 193 .Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) , residing at , being duly sworn, deposes and says that on the __ day of ,19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (c er t if i ed) (registered) mail.. /~4/,//////~ , . Sworn to I~fore Te this day of (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town nf Southold TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER ~I/ 1. That il is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~(Special Exception) (Special Permit) (Other) [circle choice) 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: ~.:To~:~ /~-/'~///~' v/~,¢ )~ Z~/ V~O.~ ,/~,,~ 7'T//'o'~.~, /,/'/ 3. Thal the property which is the subject of such Petition is located in the following zoning district: 4 That h~ such Ped6on, the undersigned will request the following relief: ~,~,,~/2,~ I/ff~. ,T~ ~/~ $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are A:ticle [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the · right to appear and be heard at such hearing. Dated:' ~T~ Petitioner Owners'Names Post Office Address Tel. No. (~/~ [Copy of sketch purposes.] or plan showing proposal to be attached for convenience NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 363 589 342 Receipt for Certified Mail NO Insurance Coverage Provided (See Reversel 363 589 343- Receipt for No Insurance Coverage Provided Do not use for International Mail (See Reverse/ Postmark or Da e % 't ~ ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: /~ '~ res,d,n at /¢ /~ . , .. . _ - ~/~,,) ( . ,heingdulysworn, deP e ~'/5 "day of *('~//~/~-~/.~/'.~/ .g'.~9 ,~,:~ , deponent mailed a true copy of the Notice set forth on the re- verse side ~¢~o-f/d~e~ted to each of the above-named persons at thc 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 thc current assessment roll of thc Town of Southold; that said Notices were mailed at the United States Post Of- (certified) (registered) mail. ; that said Notices?e mailed to each of said persons by ~ -!L,>,~ ¢.. MURPHY NOTARY PUBLIC, State of New York No. 4876749 . ~ Qual;Hed in Nassau County (This si~ does not have to property owners.) be completed on form transmitted to adjoining ~ - DONALD AND JEANNE KURZ. Varlan¢ the Zoning Ordinance, ~ Article is, Sectio~ 100-33 for per- _ Secuon -67 ............. La,w and the Cod= of the Town of yard area (replacing existing garage which was approved under ZBA Southold, the following mauers will A I No 2332 o~ 8 be held for public hearings before thc . Pp '._ ' SOUTHOLD TOWN BOAKD OF uon,o~ ~ropcrty: 725 Terry Lane (just ............ ~onn oi the Southold Park District), Hall, 53095 Main Road, Southold, , ; also rcierrco to as tot l%ew York, 1971, on THURSDAY, ~5ou~o~dP:pr°vcd by the Town of SEPTEMBER 10, 1992 commencing ; County Tax Map Parcel at the times spe. cdied below: No. 1000-65-1-17. '(I) 7:35 p.m. Appl. No. 4122 -- (5) 7:55 p.m. Appl. No. 4121 ROBERT H. AND KATHRYN B~ FLOYD KING AND ISLAND'S DEXTER. Variance to the Zonin~ END GOLF CLUB. Variance to the Or/linance. Article XXIX, Section ~oning Ordinance, Article HI, Sec- 100-239.4B, for permission to con- tion 100-33 for permissio~ to locate stmct deck addition within 75 feet of the bulkhead. Location of Property: 8380 Great Pcconic Bay Boulevard. Laurel, NY; County Tax Map Parcel No. IG00-126-11-20. Subject premis- tide ITl, Secde~ 100-33 for al~provnl Peconic, NY; County Tax Map Parcel (3) '/:45 p.m. AppL No. 4125 -- ~ection 100'239.4A(1) for ~c~X~i- (7) 8:05 p.m. Appl. No, 4119SE~ -- RICHARD GOODALE AND NC. (Tenant). Special Excgptlmt to s]~n to construct deck addition (to d an accessory usc incidental to thc existing deck area), all of which is ~roposcd new c~r sales establishment located within ] 00 feet of the Long 'or the sale and/or lease of used vehi- ]~shnd Sound bluff or bank. This Per- .'les; (c) outside display ot vehicles, cci is substandard in size and is 1o- (d) accessory office use incidenlal to cated in the R-40 Zone Disuict. Lo- t~e new principal use as a new car ' ' ...... sa es establishment Location of Sea, Section Two'" County Tax~Ma,~ NY, County Tax Map Parcel No, Parcel No. 1000-1~-3-3. ~ 1000-122-06-30.1 (prey, 30). (4) 7:50p.m. Appl No 4126 -- . ThcBmrdofAppu. dswillat said tune and plac~ hear any and all prior to thc conclusion of the subject h~aring. Each hearing will not start before thc times designated above. 765-1809 or visit our office: Dated: August 31, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL~ GERARD p GOEHRINGER CHAIRMAN By Lmda Kowalski said County, being duly sworn, says that he/she is Principal Clerk of THE S0tct~OLK TIMES, a Weekly Newspaper, published at Mattituck. in the Town of Southold, County of Suffolk and State of New York, and that the Notice of wklch the annexed is a printed copy. bna been regular- ly published in said Newspaper once each week for / weeks s~uccessively, comm~nct~ on the ~ dayo~ ~_ MELANIE V, BROWN N~lmy Pul~c, E~le ol New york (~flir~l In Sulb~ Ce~n~ da, o, NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to S~ction 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public bearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 · Main Road, Southold,. New York 11971, on THURSDAY~ SEPTEMBER 10, 1992 mencing at the times specified below: - (I) 7:35 p.m. AppL No. 4122 ROBERT H. AND KATHRYN B. DEXTER. Variance to the Zoning dinance, Article XXIX. Section 100-239.4B for permission to construct deck addition within 75 feet of the bulkhead. L~ca- tion of Property: 8380 Grea~ Peconic Bay Boulevard, Laurel; N~ County'lhx Map Parcel No: 1000-126-11-20. Subject premises is' substandard in size and located in the R-40 Zone District. (2} 7:40 p.m. AppL N~o. 4124 - DR. AND MRS~ CARL A. SORANNO. Variances to the Zofitng Ordimmce~" Article- XXIII, Section ']00-2~9.4A(1) for approval of deck addition within 100 feet of the top of the' L.I. Sound b/off or,bank, and Article 111, Section 100-33 for approvai~ of ~a~ccessory storage bu Iding Io~ated. in, the front yard~a~a, '400+ 'f&t from the front property lin~.~Location of Property: 31059 County Road 48, Peconic, NY; County lhx, Map Parcel No. 1000-73-4-3. (3) 7:45 p.m. Appl. No, 4125' GREGORY POULOS. Variance to .the Zoning Or- dinance, Article XXIIi, Section~ 100-2.]9.4A 0) for permission to construct deck addition {to ex- isting deck area), all of which is located within 100 feet of the Long Island Sound bluff or bank. This parceLis substandard in size and is located in the R-40 Zone District. Location of Pro- 0erty: 135 Soundview Road. Orient, NY; also known as Lot No. 45 on the Map of "Orient by the Sea, Section Two;" Coun- ty Tax Map Parcel No. 1000-15-3-3 (4) 7:50 p.m. Appl. No. 4126 - DONALD AND JEANNE KURZ. Variance to the Zoning Ordinance: ~i~jti~:l~~[I~S~'~[6n · lOOd~ fSi~i:l~r~tss]~[o~ %Ulid ne~, '~nlarged garage as an ac~ cessory in the front yard area. (replacing existing garage which' was approved under ZBA Appl. No. 2332 on '8/29/77). Location. of Property: 725 Teri'y Lane, (just north of the Southold Parle District), Southold, NY; also' referred to as Lot No. 5 as ap-, proved by the Town Southold: County Tax Map Parcel No., 1000-65-1-17. (5) 7:55 p.m. Appl. No. 4121 - FLOYD KING and ISLANDS END GOLF CLUB. Variance to the Zoning Ordinance, Article III, Section 100-33 for permis- sion to locate accessory eqmpment-storage bnilding in the front yard area. Location of Property: 3365 Main Road, Grcenport~ NY; County Tax Map Parcel No. 1000-35-2-1. This property is zoned R-80 Residential. (6) 8:00 p.m. fi, ppL No. 4114- GEORGE TSAVARIS. A Variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4 for approval of deck area as exists at the tog of bluff-~' stairway along the L.I. Sound. Location of Property: 2170 The Strand Lane, Easf Marion, NY.; Pebble Beach Farms Filed Map No. 6266, Lot 111. Parcel ID No. 1000-30-2-53. {7) 8:05 p.m. Appl. No. 4119SE RICHARD GOODALE AND MAT- TITUCK AUTO CENTER~ INC. (Tenant). Special Excep- tion to the Zoning Ordinance,. Article X, Section 100-10IBC12) for a permit authorizing: Ca) a new car sales establishment; Cb) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; Cc) outside display of vehicles, Cd) accessory office use incidental to the new principal COUNTY OF SUFFOLK SLATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has heen published ill said I_ong Island 'l'ravclcr-Watchnlan successively, commencing on the ........ ~.~ ~ Sworn to before me this ........... ~ ........ clay of' ........ ~.., 19 .~.x'f~ use as a new car sales establish- ment. Location of Property: 7655 Main Road (NYS Route 25), Lau~ agar Mat~tuck, NY: County 'lhx'~tp parcel No; 1000¢]22-06-30. I (prey. 30). Th~ Board of Appeals will at said time and place hear any and all peo0ns or representatives desiring to be heard in the above matters. Written comments may also I:/e submitted prior to the conclusion Of the sub)ccC hear~ lng. Each hearing will not start before the times designated abov~ For more in'formation, please cait 765-180~r visit our office. Dated: August 31, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Linda Kowalski~ IX-9/3/92(65) Notary Public BARB?~R,'~ A. SCHNEIDER NOTAR'{ PU!~LIC, St:~b of r~e~v York 140. Qualifi~.d in Sd[dk Cou~t~ . SCTM # 10D0-126-11-2i OWNER: ~wrsn~'e J. Cs~vou August Nappi Land P.O. Box 673 :! Checked B~; Sheet NO: :' ff-IAL_ L- r¸© Zl Drawn By: ~'T' Checked By: ~'~ Date: Scale: ,/.~ Sheet Title; IFLooR I PLAN ~heet No: