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Home My WebLink About4095 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 ACTION OF THE BOARD OF APPEALS SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4095: Matter of DENNIS DAVIS. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to t~te a detached, accessory building in the front yard area. Location of Property: 6010 Soundview Avenue, Hamlet and Town of Southold, NY; County Tax Map Parcel No. 1000-59-8-5.11. WHEREAS, after due notice, a public hearing was held on April 2, 1992, and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the November 29, 1991 Notice of Disapproval by the Building Inspector for a variance to construct an accessory barn in the front yard (rather than the required rear yard). 2. The premises in question is located in the R-80 Zone District and contains a total area of approximately 97,700+- sq. ft. A copy of a portion of a survey has been submitted with this application which shows that this parcel is improved with a two-story frame house set back 138 feet from the front property line along a private road and 163 feet from the front property line along Sound View Avenue in Southold. 3. The subject building is not a barn, per se, for agricultural purposes but it's use is for storage of the owner's own equipment and miscellaneous items. The use of this building is limited to an accessory use incidental to the principal dwelling use and may not be operated for business or similar gainful purposes. This building may not, of course, be used as a separate principal use. Page 2 - Appl. No. 4095 Matter of DENNIS DAVIS Decision Rendered April 2, 1992 4. The location of this accessory storage building is proposed to be located close to the paved driveway area and at least 75 feet from the front (easterly) property line and at least 149 feet from the front property line along Sound View Avenue. 5. For the record the dimensions of the proposed building is 14 ft. by 14 ft. (excluding permissible overhangs) and will be one-story in height (less than 18 feet total from ground to peak}. 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property particularly since it is a corner lot with two front yard areas; (b) the relief is not substantial in relation to the requirements; (c) the variance requested does not involve any increase of dwelling unity density; (d) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for enclosed parking and storage of the owner's own equipment and other items; (e) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; (f) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the proposed building will be substantially setback from the front property lines at 75 feet or more. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance to locate a 14 ft. by 14 ft. accessory storage building in the front yard area as applied SUBJECT TO THE FOLLOWING CONDITIONS: J. That the front yard setback be not less than 75 feet, as proposed, from the easterly front property line along Private Road; Page 3 - Appl. No. 4095 Matter of DENNIS DAVIS Decision Rendered April 2, 1992 2. That the front yard setback be not less than 145 feet from the northerly front property line along Sound View Avenue, as proposed; 3. That the building be limited to an accessory use for storage purposes incidental and related to the principal dwelling use of the owner and not be operated for gainful purposes (not for rental storage or other separate business purposes), etc. 4. That the building height from ground to top (peak) not exceed 18 feet; 5. That there be no cooking facilities or utilities other than electric; 6. That there be no sleeping or living quarters, as restricted by the accessory provisions of the code in this R-80 Zone District. Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk GERARD P. GCfEHRING~ CHAIRMAN RECEIVED AND~.~Tr.~,~'?'h BY THE SOUTI-iOLD TOWN CI.~K Town Clerk, Town of Sout~-~!d NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, New York 11971, on THURSDAY, APRIL 2, times specified below: 53095 Main Road, Southold, 1992 commencing at the 1. 7:32 p.m. Appl. No. 4088 - MARGARET F. WEIDMANN. Special Exception under the Zoning Ordinance, Article IIIA, Section 100-30A.2(B)(1) and Article III, Section 100-30B(14) for permission to establish an "Accessory Apartment Use." Location of Property: 3245 (easterly side) Wells Road, Peconic, Town of Southold, NY; County Tax Map Parcel No. 1000-86-2-7. 2. 7:35 p.m. Appl. No. 4089 - EVELYN P. TURCHIANO. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate a new accessory garage building in the front yard area. Location of Property: (Westerly side) 450 Deep Hole Drive, Mattituck, Town of Southold, Page 2 - Legal Not~ Hearings for April 2, 1992 Southold Town Board of Appeals NY; County Tax Map Parcel No. 1000-115-12-5. This parcel is substandard in size and is located in an R-40 Zone District. 3. 7:40 p.m. Appl. No. 4087 - BART AND CHRISTINE RUROEDE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for approval of an open deck addition with an insufficient rear yard setback. Location of Property: 450 Maple Lane, Lot No. 81, Map of Cleaves Point, Section 3, Greenport, Town of Southold; County Tax Map Parcel No. 1000-35-5-6. This parcel is substandard in size and is located in an R-40 Zone District. 4. 7:45 p.m. Appl. No. 4085 - ANDREW AND ANN MONACO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to locate a new dwelling with a setback at less than the required 100 feet from the top of the L.I. Sound bluff. Location of Property: Corner of the northerly side Aquaview Avenue and easterly side of Rocky Point Road, East Marion, Town of Southold; County Tax Map Parcel No. 1000-21-2-1. This parcel is substandard in size and is located in an R-40 Zone District. 5. 7:50 p.m. Appl. No. 4096 - PAT AND ROSEANNE IAVARONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to locate a deck addition with a setback at less than 75 feet from the bulkhead along Baldwin's (Mud) Creek. Location of Property: 950 Strohson Road, Page 3 - Legal NotJ Hearings for April 2, 1992 Southold Town Board of Appeals Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-103-10-24. This parcel is substandard and is located in the R-40 Zone District. 6. 7:55 p.m. Appl. No. 4095 - DENNIS DAVIS. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to located a detached, accessory building in the front yard area. Location of Property: 6010 Soundview Avenue, Hamlet and Town of Southold, NY; County Tax Map Parcel No. 1000-59-8-5.11. 7. 8:00 p.m. Appl. No. 4094 - ANITA MACRAE FEAGLES. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to construct detached, accessory garage building in the side yard area. Location of Property: South Side of Oceanview Avenue and North Side of Beach Avenue, Fishers Island, Town of Southold; County Tax Map Parcel No. 1000-9-11-2.1. 8. 8:03 p.m. Appl. No. 4097 - JOHN G. AND MARIE ELENA BRIM. Variances to the Zoning Ordinance, Article III, Section 100-33 for permission to locate tennis court with steps and retaining wall in the side yard and partly in the front yard, and having an insufficient setback from the front property line and from the freshwater wetlands, (which will include the removal of an existing garage presently in the side yard). Location of Property: Northerly side of Private Road off East End Avenue, Fishers island, Town of Southold; County Tax Map Parcel No. Page 4 - Legal Not~ Hearings for April 2, 1992 Southold Town Board of Appeals 1000.-4-3-3; also referred to as FIDCO Block 18, Lots IA and lB as combined, having a total land area of 3.56+- acres in this R-120 Zone District. 9. 8:10 p.m. Appl. No. 4037 - METRO/808 REALTY CORP. Variance to the Zoning Ordinance, Article IX, Section 100-92 and Article XXIV, Section 100-241A, as disapproved by the Building Inspector, for approval of a permanent rooflike structure (canopy) over gasoline pump island. The principal use, gasoline sales with accessory office and necessary inside storage incidental thereto, is nonconforming in this Hamlet Business (HB) Zone District. Location of Property: Corner of the Northerly Side of Main Road (Route 25) and the Westerly Side of Depot Lane, Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-102-5-26. 10. 9:00 p.m. Appl. No. 4091 - EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31 A & B, requesting permission to change use of a portion of'the subject premises, from residential to non-residential. Location of Property: North Side of Main Road IState Route 25), Greenport, Town of Southold; County Tax Map Parcel Nos. 1000-56-4-24 & 19. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to Page 5 - Legal NotJ Hearings for April 2, 1992 Southold Town Board of Appeals the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: March 17, 1992. BY ORDER OF T~E SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies have been forwarded to the following on or about 3/17/92: L.I. Traveler-Watchman, Inc. (fax transmission) Times-Review (fax transmission) Individual Files and Board Members Town Clerk Bulletin Board FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TO~q',~ CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL .... ~..-,...~..~...~:~.,. .~!%.~.~ ... PLEASE TAKE NOTICE that your application dated . ..~.....o"~.~x-~. ~.. ~.~ ...... 19 Location of Property..~..~ .... ~ ~.~ ~. ~~~ ~o~ ~o. " ' ~;o;i ..................... ~ ' h~i~; County Tax Map No. I000 Section .... ~.~.~ ..... Block ~... Lot .. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. ~'~. ~.~.~.. ~.~ ~ ~~ ~ ~.~..~~ ...... .~. .... ........ % ........ .......... ........... , ..... RV 1/80 ,~.~ tl~ TOWN OF SOUTHOLD, NE'~V YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N'. Y. 1, (We) ,. ,D..E, .N.~ .]..S., .~ .,,.. _J~,. ~]~ ~J,T, (~ J~..,F..,,.. [~/~ ~, I 5 ...... of ....... 6 Q 1 Q..S.c~u.~.d yJ.~w..A~e ................................ .... Name of Appellant Street and Numl:~r D ...S~t.b~].d ............................................................................... :.-k~=¥-~ ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED November 29~ 1991 ( ) ( ) (X) WHEREBY THE BUILDING INSPECTOR DENIED TO Dennis A. & Janice F. Davis Nome of Applicant for permit of 6010 Soundvi..e..w....A..v..e.,...,. $.O.g..t..h.o.].~..[~,.Y., ........................................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct a minor structure 1. LOCATION OF THE PROPERTY ...... 60.1.O....,S~un~u.i~.w.J~¥.e,~..~...~.-t.L~lzL,..L~,¥.,}. ...... Street /Hamlel: / Use District on Zoning Map District 1000 Section Block Lot ~ . ........................................................................ ~urrenc Owner Denni~ & J~nicc D_'vic Map No. 059,08,05.11 Lot No. Prior Owner 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 III Section 100-33 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( )0 A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ' () 4. PREVIOUS APPEAL A previous ~ppeal (l~)x(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) for the reason that C~u~ is requested F~rm (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa~ HARDSHIP because This proposed structure is intended for the storage and security of various motorized equipment, used for maintenance of the property,roads and drive- ways. This equipment requires direct access to paved surfaces. Construction of this structure at the rear of the property, as required under Article III, Section 100-33, will severly reduce, if not preclude, the usefullness of muGh of this equipmept, thereby limiting effective maintenance efforts. 2. The hardship created is UNIQUE and is not shored by oil properties alike in the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed srtucture is sufficiently offset from the property lines(see attached survey map). The proposed structure would not be inconsistant in appearance with many horse barns or garages, presently predominant in the area. ) ss .............. :. .................. COUNTY OF ) Signature Sworn to this ............................................. day of ................................... 19 ?q:~- Notary Public NOTA y R'LO MATTEU . , · . PUBLIC, STate of New TOWN OF SOUTHOLD PROPERTY^RECORD CARD OWNER STREET ~ ~) /~) VILLAGE DIST. SUB. E ACR. FORMER OWNER N -~""~"J · '/' ~-" , ~'~."'?~ ~:' CY' ~,w') ~,OP.. -I ~.~ 4 S W ~PE OF BUILDING R~'~ J ~ S~' VL. -=, FARM CO~. CB. MICS. Mkt. Value ~N D IMP. TOTAL DATE R~RKS ~lloble FRONTAGE ON WATER /~ Y.~. w. ~ ~ FRONTAGE ON ROAD ~1 ~ Total / ~ c~ ,I ExtenSion - Porch Deck B~eezeway Garage ILO Bath Floors Interior Finish Heat Foundation Basement Ext. Walls Fire Place Pool Patio Driveway Rooms 2nd Floor Attic Rooms 1st Floor COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING To~m 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 determinatfon should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) av gles, Anita & Robert is, Dennis & 3anice 4094 4095 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Jam. es Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 25, 1992 $.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4095 Project/Applicants: County Tax Map No. Location of Project: Dennis Davis 1000- 59-8-5.11 6010 Soundview Ave., Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate a detached, accessory building in the front yard area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act, of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment IShort) 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 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 Pt~rsu~nt to b. rt/cJLe X_~ of the Suffolk Cot~ty Ad~s~ative Cc~e, ~e ~k~ard of 3~peauls of the ~ of Southold, New York, hereby refers the follcy~ing to the Suffolk ~tknty PlaJ%rd_ng GLamttssion: xx Variance from the Zoning Code, Article III , Section 100-33 __Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section __Special Permit Appeal No: 4095 Applicant:Dennis A. & Janice F. [0cati0n Of Affected Land: 6010 Soundview Avenue, County Tax Map Item No.: ]000-59-8-5.11 Within 500 feet of: Davis Southold, NY Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Comments: accessory buildin~ in 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 locate a detached the front yard area Copies of Town file and related documents enclosed for your review. Dated: 5/1/92 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 1, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Dennis A. P.O. Box 226 Peconic, NY 11958 Davis Re: Appl. No. 4095 (Variance for Accessory Storage Building) Dear Mr. and Mrs. Davis: Please find attached for your permanent records a copy of the Findings and Determination rendered by the Board of Appeals in the above matter. Please be sure to return to the Building Department and any other agency which may be involved for issuance of appropriate permits before commencing construction activities. We are providing a copy of the Board's determination to the Building Department for their update and recordkeeping. Very truly yours, Linda Kowalski Enclosure Copy of. Decision to: Building Department Suffolk County Planning Commission Copies of Legal Notice mailed on 3/18/92 to the following: Mrs. Margaret F. Weidmann 3245 Wells Road P.O. Box 221 Peconic, NY 11958 Mrs. Evelyn P. Turchiano 450 Deep Hole Drive Mattituck, NY 11952 Mr. and Mrs. Bart Ruroede P.O. Box 433 Greenport, NY 11944 Mr. and Mrs. Andrew Monaco 9 Cliff Drive Kings Park, NY 11754 Mr. Peter Podlas, R.A. P.O. Box 285 Remsenburg, NY 11960 (Ref. Ivarrone) Mr. and Mrs. Dennis Davis P.O. Box 226 Peconic, NY 11958 Mr. Cuyler M. FeaHles 79 Creetey Road Melmont, MA 02178 Stephen L. Ham III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 (Ref. Brim) Mr. Frank Nealon (Ref. Metro/808 Realty) Permit Research & Acquisition Co., Inc. 1108 Route 110 Farmingdale, NY 11735 Allen M. Smith, Esq. P.O. Box 1240 737 Roanoke Avenue Riverhead, NY 11901 IRef. Metro/808 Realty) Charles R. Cuddy, Esq. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901 (Ref. LaColla) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'I'T L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (5 ! 6) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: March 9, 1992 RE: Zoning Appeal No. 4095 - Dennis A. & Janice F. Davis Transmitted herewith is Zoning Appeal No. 4095 of Dennis and Janice Davis for a variance. Also included is Notice to Adjacent Property Owners; Short Environmental Assessment Form; ZBA Questionnaire; copy of survey; Notice of Disapproval from the Building Department, dated November 29, 1991; and plans. Judith T. Terry Southold Town Clerk Page 32 Public Hearing Southold ZBA April 2, 1992 Appeal # 4095 Applicant(s): Dennis Davis Location of Property: 6010 Soundview Avenue, Southold, NY County Tax Map No.: 1000-59-8-5.11 The Chairman opened the hearing at 8:23 p.m. and read the Notice of Hearing and Application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of a plan indicating the approximate position of the proposed accessory building, which I believe there is a cement slab there now. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? How are you sir. MR. DENNIS DAVIS: Good evening, I am Dennis Davis. I simply need this shed as I have accumulated so much tools. I can't deal with it in the garage anymore. I am just looking for the varience to allow me to put the shed up. CHAIRMAN GOEHRINGER: Approximate height of the shed? MR. DAVIS: It probably won't be greater than twelve (12) feet at the peak. CHAIRMAN GOEHRINGER: I see it is fourteen by fourteen (14 x 14). Electricity only. MR. DAVIS: Yes. CHAIRM3~N GOEHRINGER: Is there any particular reason why you chose this particular area for it to be constructed. MR. DAVIS: Well, primarily it is because I wanted access to a paved area. So I could get out some of the equipment. It would be easier and unbeknown to me, when I built the house, I didn't realize that the Town would consider the private road as front- age, which created a problem for me on building on that side of the house. And if anything my house is exactly in the wrong spot. And that is what brought me here with this structure. CHAIRMAN GOEHRINGER: Before you sit down, we will ask if any Board members have any questions No questions. Anybody in the audience would like to speak pro or con concerning this? The gentleman has a slab in and I have Page 33 Public Hearing Southold ZBA April 2, 1992 CHAIRMAN GOEHRINGER (con't.):no problems with this particular application. I will offer it as a resolution provided it only remain as a storage building with electricity only. MEMBER DINIZIO: Second. Ail in favor - AYE. End of hearing. Lorraine A. Miller (Transcribed by tapes recorded 4/2/92) u ',.~. H.D. ~ ,,e, DATE THE $ .-- I' _ LOCAq FOUN{ 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, APRIL 2, 1992 commencing at the times specified below:~ 1.7:32 p.m. Appl. No. 4088-- MARGARET F. WEIDMANN. Special exception under the Zoning Ordinance, Article IliA, Section 100-30A.2(B) (1) and Article III, Section 100-30B(14~ for i~rmission to establish an "Acc~sory Apartment Usd' Location of Property: 3245 (easterly side) Wells Road, Pcconie, Town of Southold, NY: County Tax Map Parcel No. 1000-86-2-7. 2. 7:35 p.m. Appl. No. 4089-- EVELYN P. TURCHIANO. Variance to the Zoning Ordi- nance, Article IliA, Section 100-30A.4 (100-33) for permis- sion to locate a new accessory garage building in the front yard area. Location of Property: 450 (westerly side) Deep Hole Drive, Mattituck, Town of Southold, NY; County ~ Map Parcel No. 1000-115-12-5. This parcel is sub- standard in size and is locate¢~ in an R-40 Zone District. 3. 7:40 p.m. Appl. No. 4087 --BART AND CHRISTINE RUROEDE. Variance to tl~e Zoning Ordinance, Article XXIV, Section 100244, for ap- proval of an open deck addition with an insufficient rem' yard sesb~ck. Location of Property: 450 Maple Lane, Lot No. 81, Map of Cleaves Point, Section 3, Greenport, Town of Southold; County ~ Map Par- eel No. 1000-35-5-6. This parcel is substandard in size and is located in an R-40 Zone District. 4. 7:45 p.m. Appl. No. 4085-- ANDREW AND ANN MONACO. Variance to the Zoning Ordinance, Article? XXIII, Section 100-239.4 for permission to locate a new dwelling with a setback at less than the required 100 feet from the top of the L.I. Sound bluff. Location of Property:Comer of the northerly, side Aquaview .Avenue and easterly side of Rocky Point Road, East Marion, Town of Southold; County Tax Map Parcel No. 1000-21-2-1. This parcel is sub- stan~lard in size and is located in an R-40 Zc~bistrict. 5. 7:50 p.m. Appl- '. No. 4096~ PAT AND ROSEANNE 1AVA- RONE. Variance to the Zoning Ordinance, Article XXIII, Sec- tion 100-239.4B for permission to locate a deck addition with setback at less than 75 feet from the bulkhead along Baldwin's (Mud) C~ek. Location of Pro- perry: 950 Strohson Road, Cut- chogue, Town of Southold; County Tax Map Parcel No. 1000- 03-10-24. This parcel is substandard and is located in th6 R-40 Zone District. 6. 7:55 p.m. AppL No. 4095-- DENNIS DAVIS. Variance to the Zoning Ordinance, Article lit, Section 100-33 for permis- sion to locate a detached, acces- sory building in the front yard ~ Location of Property.. 6010 Soundview Avenue, Hamlet and Town of Southold, NY; County Tax Map Parcel No. 1000-59- 8.5.11. 7. 8:00 p.m. AppL No. 4094-- ANITA MACRAE FEAGLES. Variance to the Zoning Ordi- nance, Article III, Section 100-33 for permission to con- struct detached, accessory garage building in the side ~,ard area. Location of Property: South side of Oeeanview Avenue and North Side of Beach Ave- hUe, Fishers Island, Town of Southold; County Tax Map Par- cel No. 1000-9-11-2.1. 8.8:03 p.m. Appl. No. 4097-- JOHN G. AND MARIE ELENA BRIM. Variances to the Zoning Ordinance, Article III, Section 100-33 for permission to locate tennis court with steps and retaining wall in the sid~ yard and partly in the frorfi yard, and having an insufficiet/t setback from the front proper- ty line and from the freshwater wet/ands, (which will include the removal of an existing garage presently in the side yard). Loca- tion of Property: Northerly side of Private Road off East End Avenue, Fishers Island, Town of Southold; County 'lhx Map Par* eel No. 1000~-3-3; also referred to as HDCO Block 18, Lots IA and lB as combined, having a total land area of 3.56+ acres in this Ro120 Zone District. 9. 8:10 p.m. Appl. No. 4037-- METRO/808 REALTY CORP. Variance to the Zoning Ordi- nance, Article IX, Section/ 100-92 and Article XXIV, Sec- tion 100-241A, as disapproved by the Building Inspector, for approval of a permanent rooflike structure (canopy) over gasoline pump island. The prin- cipal use, gasoline sales with ac- eessory office and necessary in- side storage incidental thereto, is COUNTYOI= SUFFOLK S'['ATI:. OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVFLER-WA'FCHMAN, a public newspaper printed at S.outhold, in Suffolk County; and Ih,it the notice of which the annexed is a printed copy, has been .l~ublis~c( in said I.ong Island Traveler-Watchman mice each week ~or . ........... / weeks ~uccessively, commencing on the / ~ ~ clay cfi' I~ia r ch 1992 5wll,'n ttlbcfm'e mc ~his ' /~z~ ................ clay of ~Iar c.h I 992 Nolary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, gt'~te o[ New York No. 4~0084~ QuaJilied in Suffolk Cot)My/ Commission Expires nonconforming in this Hamlet Business (HB) Zone District. Location of Property: Comer of the northerly side of Main Road (Route 25) and the westerly side of Depot Lane, Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-102-5-26. 10. 9:00 p.m. Appl. No. 4091 The Board of Appeals will at said time and place hear any and all persons or representatives de- siring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hear- --EUGENE M. LACOLLA. L,0 ing. Each heating will not start Variance to the Zoning Ordi,/x before the times designated: nance, Article III, Section above. For more information? please call 765-1809. ' /: 100-31 A & IL requesting per- mission to change use of a por- tion of the subject premises, from residentiai to non-residen- tiai. Location of Property: north side of Main Road (State Route 25), Greenport, Town of Southold; County Tax Map Par- eel Nos. 1000-56-4-24 & 19. Dated: March 17, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. OOEHRINOER CHAIRMAN By Linda Kowaiski IX, 3/19/92 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, ;ursuant to Section 267 of the Town .aw and the Code of the Town of ;outhold, the following matters will ~mcs specified below: ~pecial Exception under the Zoning 30A.2(B)(I) and Article ITl, Section t 00-30B(14) for pemussinn to estab - Location of Property: 3~5 (eaaterly~l Location of Property: 450 ~estoriy rear yard setback. Location of Pl~p- erty: Comer of the northerly side Baldwin's (Mud) Creek. Location of 103-10-24. This parcelis mbstandard Zoning Ordinance, Article I~, Sec- lion 100-33 for pel~iion to locale a detached, accessd~uilding in the front yard area~ Lo~tion of Preperty 6010 Soundview Avenue, Hamlet and Town of Southold, NY; County Tax Map Parcel No. 100~59-8-5.11. 7, 8:00 p.m. AppL No. 4094 -- ANITA MACRAE FEAGLES, Vari- ance to the Zoaing Ordin~c~, Arficl~ 1~, Section 100-33 for permis~i~ to building in the side yard area. Loca- Oceanview Avenue and North of Beach Avenue, Fishers Island Town of Southold; County Tax Map Parcel No. 1000-9-11-2.1. 8. 8:03 p.m. Appl. No. 4097 JOHN G. AND MARIE ELEN.( BRIM. Variances to the Zoning Or- dinance, Artlde FIT, Section 100-33 side yard and partly in the front yard, from the fr~at propa~ty llne and from the freshwater wetlands, (which will include the r~moval of an existing garage presently in the side yard). Location of Property: Northerly side Fishers Island, Town of Southold; Co~mty Tax Map Parcel No. 1000-4- 3-3; also roferrcd to as FiDCO Block 18, Lots IA and lB as combined, acres in thLs R~I20 Zone District 9. 8:10 p.m. Appl. No. 4037 -- METRO/808 REALTY CORP. Vml- ance *o the Zo~inlg Ordin~lce, Article IX, Section 100-92 and Article proved by the BMlding Inspector, for pump island. The prlnc~pal use, tal thereto, is nonconforming in ~ Hamlet Business (HB) Zone District. Location of Property: Comer of the Northerly Side of Main Road (Route 25) and the Westerly Side of Depot Lane, Cutchogue, Town of Southold; County Tax Map Parcel No. 1000- L//--~STATE OF NEW Yq~ ) ~: ~ld ~oun~ b~ln~ dul~ sworn, says that h~/shs ~ Principal Clerk of THE SUFFOLK TIMES, a Weekly ~ewspaper~ publbhed at Mattltuc~ in the Town of Southold, ~un~ of Suffolk and State of New York, and t~t the Notice of which t~ a~exed b a print~ cow, ~s b~n regula~ ~b~ed in said Newspaper once each week for ~ weeks sqc~psslvely, commenFing on the [~ day of Principal Clerk Swom to before me this dayof 10. 9:00 p.m. Appl. No. 4091 -- -- -- EUGENE M. LACOLLA. Varinnc~e. - to the Zoning Ordinance, Article Section I00-31 A & B, requesling permission to change use of a (State Route 25), G~port, Town of GERARD p. GOEHRINGER 7333-1TM19 BY IHnda Kowalslfi PROJECT 1.0. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. ARPUCANT/SPONSOR I 2. PROJECT NAME Dennis A, Davis , 3. PROJECT LOCATION; 6010 $oundview Ave. Sou~ho~d, N.Y. $. IS PROPOSED ACT]ON: .~. New [] Expansion [] Modlflcatlonlalteratlo~ 6. DESCRIBE PROJECT BRIEFLY: Construction of a minor structure (196 sq. ft.) 7. AMOUNT OF LAND AFFECTED; Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EX]STING LAND USE RESTRICTIONS? ~'~Ye$ ~]No IINo, descrlbe~riefly existing zoning requires construction of this structure in the rear of the yard. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ Residential [] Industrial [] Commercial r~ Agriculture [] Park/ForesUORen s~)ace [] Other 12. AS A RESULT CF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes ~'~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AD~licantlsponso~ : __ Date: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Revi~ Act r~quires submission of this form, and an environmental review %ill bs ~ade by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~ I~NSTRUCTIONS: (a) In order ~o answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the ~ project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land?Yes : X NO 2. Will there be a major .change to any unique or X unusual land form on the site? Yes NO 3. Will project alter or have a larqe effect on an existing body of water? Yes ~ NO 4. Will project have a potentially large impact on groundwater quality? Yes X No 5. Will project significantly effect drainage, flow on adjacent sites? Yes X No 6. Will project affect any threatened or endangered plant or animal species? Yes X NO 7. Will project result in a major adverse effect on air quality? Yes NO )( 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local agency? i0. Will project have a m~jor effect on existing or future recreational opportunities? 11. Will project result in major traffic problems or cause a major effect ko existing transportation · · systems? ~Yes .~ No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes X NO 13. Will project have any impact on public health or safety? ~Yes X No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes X NO period o__r have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the · . Yes ~ No ~reparer. s Signature: ... Yes y No Yes ,X No 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.) ~nni~ A_ & ,]anice F. Davis Owners B. Is the subject premises listed on the real es=ate market ~or sale or being shown to prospective buyers? { } Yes { X} No. (If Yas, p]~ ~h c~p~ af "conditions" of sale.) C. Are there ~:~ p~oposals to c~ange~r ~lter l~n~ c~nto~? { } Yes {X } No De 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? Ng 3. Is the property bulkheaded between the wetlands area and the upland building area? no 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? no E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, b:lkheads or fencas which ew~mt ~u~d are not shown on the survey map that you a~ submitting? , y~$ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds, no I. Please list present use or operations conducted at this parcel residcnsc and proposed use Authorized Signature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] W'ETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- fr ~I'DAL WETLANDS: -' (1) All lands generally covered or intermittently cov- ered with. or which border on, tidal waters, or lands lying' beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which gre~vs or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordg'rass, high bush, cattails, groundzel, marshmal]uw and law (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) 'Fresh~vater wetlands as defined in Article 24. Ti- tle 1. § 24-0107, Subdivisions 1(a) to l(d) inclusive. of the Environmental Conservation La~v of the State of Ne~v York: and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z-~s.ss R-80 A~C po~d A-C R --80 R~-80, R-80 Date Documents Accepted for Filing: Apl. Fee Required: $ /s-~,~ A pl. No. 3/ Application Incomplete for the Followinq Reasons: Application Form Not Signed or Notarized Notice of Disapproval not attached or in error -- Notice to Adjacent Property Owners Form or Certified Mail Receipts not attached One original survey is necessary Extra copies of survey map necessary Copy of Deed of Current Owner Necessary Environmental Assessment Short Form Signed ZBA Questionnaire If Applicant is a corporation, need Disclosure Affidavit Date OK Other information is awaited: Site Plan Layout or other drawings Copy of Contract if Purchaser is applying Single & separate search Finalization of SEQRA by PB, TR, etc. Other Review by ZBA, i.e. / / / / / / / / / / / / / / / / / / / ~ / / / / / / / / / / / ......................... .- e~OOKLVN N ¥ 11201 11001 11958 P~CUCC[ N[C~AEL JEAN TUTHZLL CO TREAS ........................................................ 11971 ................. ' o-.- -: - .. . 7-: .............................................. ~--.-' ~-' ..... T BOARD OF APPEALS, TOWN OFSOUTHOEO In ~he Matter or thc Petition of : Dennis AD & Janice F. Davis : to the Board of Appeals of the Town of Soumold : TO: NOTICE TO ADJACE:IT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: -... -. 1. That it is the intention of the undersigned to petition the Board ()f Appeals o[ the Town of Southold to request a (Variance) (~(~X~:iX~Z~0~4~XV(~k~:R~j(.~XR~-~Rn~k)XX(~O:,~i~xxXX:XIg~:ff~X~] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribcd as follows: the southwest parce]~in the s~bdivision south of Soundview Ave. and the private road know as Ste,]ing Fordst Rd., in Southo]d, NoY. 3. That the property which is the subject of such Petition is located in the following zoning district: R-80. 059.08. 05.11 4 That b~ such Petition, the undersigned will request the following re ief Permit to construct a minor structure (14" x 14~} for the storage of equipment° $. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- signed are Article III Secr-i~cn 100-33 [ ] Section 280-A, New York Town Law for approval of access over r~ght(s)-of-way[ 6. That within five days from [he 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 ma)/ then and there examine the same durin~ regular office hours. (516) 765-~809. 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 ~he date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners'Names: Dennis Ao & Oanice Fo Davis Post Office Address PO BOX 226 Peconic, NoYo 11 ~b~S Tel. No. (516) 765-2103 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF C}F MAll_lNG OF NOiTICF ATTACH CERTIFZED ,'4A~L RECEZPTS ADDRESS P 821 270 616 Certified Mail Receipt No Insurance Coverage Provided .~ Do not use-f~ri~t~-a~i~F~i~l~ ~,~s~,~cE {See Reverse) ~O., Slate & ZIP Code Whom & Date Delivered /, ~ ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~ou~t-~ ~ ~. , being duly sworn, dcposes and says that on,he G day of ~cd , 19 ~ ,deponent mailed a true copy of the Noticesel forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their rmpective names; tha~ the addresses se~ opposite the names of said persons are the addresses of said persons as shown on ' the current assessment roll of the Town of Sou~hold; that said Notices were mailed at the United States Post Of- rice at ~AM~ I ~' '~' ; tha~ said Notices were mailed to e2ch of ~id persons by Sworn to befor~e ,his Gt j* ~otary Public "~ 4Z ate Of Ne~, {lh~s s~de does not have to be completed ~ro~erty o~ners.) on form transmitted to adjoining