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HomeMy WebLinkAbout4139 APPEALS BOARD MEMBERS 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 ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4139. Upon application of CONSTANTINE COSTAS for a Variance to the Zoning Ordinance, Article VIII, Section 100-82 for permis- sion to locate accessory garage building in the rear yard area with excessive lot coverage, at 68955 Main Road (S.R. 25), Greenport, NY; County Tax Map Parcel No. 1000-53-1-2. This parcel is substandard in size and is located in the Limited Business (LB) Zone District. WHEREAS, a public hearing was held and concluded on December 3, 1992; and WHEREAS, 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, the 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. By this application, appellants are proposing a separate, accessory storage building at the rear (northerly) portion of the existing single-family residence and further noted as follows: (a) the storage building is proposed of a size 24 ft. by 24 ft. at not less than three feet from the northerly snd westerly property lines as shown on the sketched map submitted with this application; (b) this new building would add 576 sq. ft. area of lot coverage, and when added to the existing 2310 sq. ft. of ground area of the principal dwelling structure, totals 2886 sq. ft.; Page 2 - Board of Appeals Appl. No. 4139 - Constantine Costas Decision Rendered December 3, 1992 (c) the relief is requested for 24.9% over the existing lot coverage, and 36% of the total lot size as exists. The dimensions of the lot as exists is 60 ft. wide by 132.50 ft. (7950 sq. ft. total lot area presently). 2. For the record, it is noted: (a) that the dwelling as exists is near center of the lot with setbacks at: (1) 48 feet from the front property line; (2) 7.8 feet from the easterly side property line; (3) 9.8 feet from the westerly side property line; (4) and approximately 37 feet from the northerly rear property line; (b) that the subject premises is a nonconforming lot which existed prior to 1965 and/or 1957. During 1965 one-quarter acre lots were recognized, and zoning did not become enacted until 1957; (c) that the applicant has indicated that he does not object to a condition of this determination that the 12+- ft. "dog leg", or excess land of 12+-' by 60' wide, immediately adjoining this parcel at the northerly property line, be merged with this parcel in order to increase the size of the lot from 7950+- sq. ft. to a minimum of 8670 sq. ft. without the necessity of a set-off application by the Planning Board for this lot-line adjustment. 3. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) although the relief requested is substantial, alternative relief, with conditions as noted below, will not alter the essential character of the immediate neighborhood; the (c) there is no other method feasible for appellants to pursue other than a variance; (d) the alternative relief, as noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (e) the interests of justice will be served by granting variance relief, as alternatively noted below. Accordingly, on motion by Mr. Goehringer, seconded by ~age 3 - Board of Appeals Appl. No. 4139 Constantine Costas Decision Rendered December 3, 1992 Mr. Dinizio, it was RESOLVED to GRANT permission for construction of a 24 ft. by 24 ft. square garage/storage building which will increase the total lot coverage by 576 sq. ft. SUBJECT TO THE FOLLOWING CONDITIONS: 1. No expansion or additions (without a new variance application), and the lot coverage for all structures shall be limited to the existing square footage of 2310 sq. ft. and the proposed accessory building of 576 sq. ft., for a total of 2886 sq. ft. 2. This new accessory building shall not exceed one-story height (12 feet from ground plus roof), as proposed herein and shown on the construction diagram submitted for consideration. 3. No utilities other than electric will be permitted. 4. A deed shall be prepared, signed and recorded which will merge or join the 12 ft. by 60 ft. (referred to as "dog leg" of land) with this parcel, for a total land area of at least 8670 sq. ft. This 12 ft. by 60 ft. section must be in the same common ownership as the subject parcel, and in one deed. 5. In order to comply with condition No. 4 above, the applicant will not be required to apply for a set-off application since there will be no increase in density and no adverse change in nonconformities of either parcel. 6. No sleeping or habitable use of the storage building shall be permitted; 7. The westerly side yard setback shall be increased from the proposed three feet to five feet. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. This resolution was duly adopted. (Member Doyen of Fishers Island was absent. ) z f 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, 53095 Main Road, Southold, New York 11971, on THURSDAY, DECEMBER 3, 1992 commencing at the times specified below: 1) 7:32 p.m. Appl. No. 4135 - Application of ELAINE ROMAGNOLI for a Variance to the Zoning Ordinance, Article: (a) III, Section 100-32 concerning construction of deck in the rear yard with excessive lot coverage, (b) XXIII, Section 100-239.4B for construction of deck in the rear yard with a setback at less than the required 75 feet from bulkhead. Location of Property: 1230 First Street, New Suffolk, NY~ County Tax Map Parcel No. 1000-117-07-29. This parcel is substandard in size and is situated in the M-I Zone District. 2) 7:36 p.m. Appl. No. 4139 - Application of CONSTANTIN_______~E COSTAS for a Variance to the Zoning Ordinance, Article VIII, Section 100-82 for permission to locate accessory garage building in the rear yard area with excessive lot coverage~ Page 2 - Legal Not! Southold Town Boar( of Hearings Appeals 68955 Main Road (S.R. 25), Greenport, NY; County Tax Map Parcel No. 1000-53-1-2~ This parcel is substandard in size and is located in the Limited Business (LB) Zone District. ~ 3) 7:40 p.m. Appl. No. 4138 - Application of THEODORE M. GOLD AND CAROL A. WEICK for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory garage building in the front yard area. Location of Property: ~ Sound View Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-10. 4) 7:45 p.m. Appl. No. 4098 - Application of TONY AND MARIA KOSTOULAS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence, 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). 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 Page 3 - Legal Not of Hearings Southold Town Board of Appeals start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: November 17, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski Copies transmitted to the following on or about 11/18/92: L.I. Traveler-Watchman Suffolk Times, Inc. FOFIM NO. 3 TO~gN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date NOVI~BV.R 4, ,19 92 To J.O..BN. C. BORN .a/c CONSTANTINg COSTAS 1675 CEDAR BE, ACH ROAD SOUTHOLD, ~ YORK i 19971 l PLEASE T^KE NOT~CE that your a~,p~ication datod ......:.O..V~..~.~. ?.: ............ tg..9?.. for permit to CONSTRUCT AN ACCESSORY GARAGE Location 68955 MAIN ROAD OREENPORT, ~ YORK of Property ............... Ho~e No. ' .............. 'S't;e3 i ............................ Hamlet County Tax Map No. I000 Section 53 ' Block I 2 .............. . ............. Lot .............. Subdivision ................. Filed Map No ................. Lot No ........ ' .......... is returned herewith and disapproved on the following grounds . ln~gR ARTICI.E VIII SF. CTION 100-82 PROPOSRD CONSTRUCTION ~/ILL EXCEX. D PE[IMI'I-I'I~D LOT COVERAGg. ACTION llgqlJIRgl) BY 1.'m~ ZONINC BOARD OF APPEALS. RV 1/80 NOV 17 .~uth~/d ?ewn Clerk TOWN OF SOUTHOLD, t4EW YORK _. D^T~ ....... E~.?.....L.C~..~.P TO THE ZONING BOARD CF APPEALS, TOWN OF sOUTHOLD, N. Y. ~.~.~.~.......,~ ........... ~. ........................ 1, (We) ..... .,".~...~....-'~'~..'/~.~.~"~-- ........ $:.1~]:~ .............. o( Street and Numaer Name of Aopeliont /k~..~/. ..... HEREBY APPEAL TO ............................ ~.~..~.&'~ ............................................... Mumcmatity - INSPECTOR ON THE ZONING BOARD OF ,~PP_ALS FROM THE DECISION OF THE BUILDING APPLICATION FOR PERMIT NO. ' DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .... : ........... ~ ~;~;" jT ×"~'F;~;~;-;;;';g7 '~ ~,,~ it -- of / ~ ~r c~ ~:~. ~ ~.~.~.o.. ............... ~.~ .................... ...................................... ~ ............................ Stat~ Street and Number Municipality ( ) PERMIT TO USE I PERMIT FOP. OCCUPANCY ~.~ .F..~ ~,~ ~...~.~-~-----~Y.- .... ). LOCATION OF THE PROPERTY ................. District 1000 SectionS) Blockl Lot ~ ..... ................................................................................. Cu.-:,,~ Owner Mop No. Lot No. Prior Owner 2. ' PROVISION (SI 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 -l~ Section I°O 3. 'FYPE OF APPEAL Appeal is made herew'th (or (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ~c~- fi't) -5'~7-~o~J I ~O~ ~-/~ 4. pREVIOUS APPEAL A previous appeal (hos)~~) been mode 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 ..... !...Doted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) ~EASCF~ FOR ..\PPE..\L I STRICT APPLIC/\TION OF THE ORDINANCE ~ouid produce practical difficuihes or unneces- s~rv HARDSHIP because /~ p/¢.~'~1--- ~N ~1~ ~ ~9~ I~ ~D ~L~ 2. The hardship created is UNIQUE and is not sh*ered by oil aroperties alike in t/~e immediate . \ · vicinity of this property and in this use district because ~-H~ 3. Tl~e Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because CO~.?Tf~#c~I D,O i,¢0~/~ /~ D~ ~- ~ ~T~l ~ ~ STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this / ~ ¢~ day of ........... N~tory rublic tl LINDA J. cOOPER I~oary Public. State of New York ,.~ · 4822563, Suffolk County T~rm Expires Decembe~ 31, 19, TOWN--~' ~'~:' ~'~ '"'i:~"- OF SOUTHOLD PROPERTY RECORD CARD~ ~ ~/'VJ~/? r' STREET ~' ~' ~ VILLAGE DIS1' SUB. LOT S , RES. ~.10 SEAS. VL FARM COMM. 'CB. MISC. Mk*. alue 0-%(,. ---' .,~ -- . : LAND IMP. TOTAl DATE REMARKS i~,t.h~,~ '~. I,/"T'~J,~'Y~'~ ~jO -' I I AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FA~ Acre Value Per Value Acre Tillabl~ 1 i Tillable 2 Tillable 3 W~la~d Swampland FRONTAGE ON WATER . Bru~Jand FRONTAGE ON ~OAD . ~-. ~0 Hodse Plot . DEPTH / "' ~ BULKH~D ~ -~¢ · ~ DOCK - . 4 . .: Total M. Bldg~.~ Extension Extension -_~ ; Extension Porch Perch Breezewoy Garage Patio ~Total ~, COLOR Foundation 3asement ~xt. Walls Fire Place Room Type Roof ~,ecreatior~ Dormer Driveway C Y&~,L Bath ?~ / Dinette Floors ~/J..~_ ~"V' K. Interior Finish LR. Heat Rooms ist Floor DR. BR. FIN. B. Rooms 2nd Floor OWNER FORMER OWNER TOWN'-OF SOUTHOLD PROPERTY qLLAGE RECORD CARD '"'*""' '' SUB. LOT ACR. I o.-r ¢4- I TYPE OF BUILDING LAND SEAS. IMP. VL TOTAL //3, /V. DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland ' FRONTAGE ON ROAD House Plot' ' : DEPTH · e BULKHEAD DOCK TRI,M M. Bldg{ Extensi( tion Place Bath Floors Heat Finish Rooms 1st Floor Porch Porch Breezeway ~ecreation Driveway Rooms 2nd Floor MAP OF P~or'--;; ~ ~ N,Y, Z PIPE 0 ~LI/'~RANT~iL~'~ TO T HF. T ~ T' ~-E GI-~At~/~N-- DEPARTMENT OF PLANNING COUNTY Of SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING December 9, 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) Gold/Weick, Theodore & Carol Costas, Constantine 4138 4139 Very truly yours, Arthur H. Kunz 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. Ri cl~bre~t ~: ~lll~ ton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X/V of the S~ffolk County Administrative Code, The Bosrd of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cr,m',~ssion: XX Variance from the Zoning Code, Article VIII , Section 100-82 __Variance from Determination of Southold Town Building Inspector SPecial Exception, Article , Section __Special Permit Appeal No: 4139 Applicant: Constantine Costas Location of Affected Land: 68955 Main Rd. (S.R. 25), Greenport, NY County Tax Map Item No.: 1000-53-1-2 Within 500 feet of: __'Town or Village Boundary Line ~X 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 locate accessory garage building in the rear yard are'a with excessive lot coverage. (Parcel is substandard in size and is located in the Limited Business (LB) Zone District.) ~pies of Town file and related documents enclosed for your review. Dated:December ~' , 1992 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Rirh.~t C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 4, 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. Constantine Costas P.O. Box 70 68955 Main Road Greenport, NY 11944 Re: Appl. No. 4139 - Variance for Storage Building Dear Mr. Costas: With reference to the above application, please find enclosed a copy of the Board's determination with conditions and alternative setback requirement for a five ft. minimum setback at the westerly side. Please note that a new deed will need to be prepared and submitted by your attorney to our office which will show a merger of the northerly 12+- strip of land with this house lot. The original deed should then be recorded with the Suffolk County Clerk's Office. Once this has been accomplished, you should, of course, return to the Building Department for processing of your permit applications. A copy of this determination has been furnished to the Building Department for their update and permanent recordkeeping. A copy has also been forwarded to the Suffolk County Department of Planning which has jurisdiction for projects located within 500 feet of a state or county road. Please do not hesitate to call us if you have any questions. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Mr. John C. Born (Agent-Builder) Southold Town Building Department Suffolk County Department of Planning NOTICE OF tlEARING~ -- NOTICE IS ItEREBY GIVEN, pursuant to Section 267 of thc Town Law and thc Code of the Town of Southold, thc following matters will bc bcId for public hv.~rings before thc SOUTIIOLD TOWN BOARD OF APPEALS at thc Southold Town Itall, 53095 Main Road, Southold, New York 1 i971, on THURSDAY, DECEMBER 3, 1992 commencing thc times specificd below: 1) 7:32 p.m. AppI. No. 4135 - Application of ELAINE ROMAG- NeLl for a Varianen to the Zoning Ordinance, Article: (a) III, Section I00-32 concerning construction of deck in the mar yard wilh cxccasive lot coverage, (b) XXIII, Section 100- situated in the M-I Zone District. age. at 68955 Main Road (S.R. 3) 7:40 p.m. AppI. No. 4138 - Application of THEODORE M. GOLD AND CAROL A. W'~CK for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 000-33) for permission to locate a¢- cesso~ garage building in the front yard area. Location of Property: Sound View Avenue, Southold, NY; County Tax Map Parcel No. 1000-51- 4-10. 4) 7:45 p.m. Appl. No. 4098 - Application of TONY AND MARIA KOSTOULAS for a Varinn¢¢ to the Zoning Ordinance, Article XXIII. Section 100-239.4 for approval of deck extension (at or near ground level) and fence, aa cxists, near tho L.L Sound bluff. Location of Prop- erty: 1035 Aquavlcw Avcnuc, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot ama in this R40 Zone Disuict. (Heating was previously postponed for Town Tmstccs action on Coastal Zone Per- mit jurisdiction). Thc Board of Appeals will at said timc and placc hear any and all per- heard in thc above matters. Written commcnts may also bc submitted pdor to the clmclualon of thc subject hcaring. Each hearing will not start before thc timcs designated abovc. For morc information, plcasc call 765-1809 or visit our office. Dated: Novcmbcr 17, 1992. BY ORDER OF TIlE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski 7561-1TN19 STATE OF NEW YORK) ) SS: COUNTY OF SU~'~OLK) Cars Conklin of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMI~, a Weekly Newspaper, published at M~ttituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the nnnexed is a printed copy, has been ~gular- ly published in said Newspaper once each week for one w~eks successively, commencing on the 19th dayofNovemberl!~)2 Principal Clerk Sworn to before me this ~ / A~CE C. MacDONALD 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,. DECEMBER 3, 1992 commen- ! cing at the times specified below: 1) 7:32 p.m. Appl. No. 4135 - Application of ELAINE ROMAGNOLI for a Variance to the Zoning Ordinance, Article: (a) Ill, Section 100-32 concern- ing construction of deck in the rear yard with excessive lot coverage, (b) XXIII, Section 100-239.4B for construction of deck in the rear yard with a set- i back at less than the required 75 feet from bulkhead. Location of ~ Property: 1230 First Street, New i Suffolk, NY; County Tax Map I Parcel No. 1000-117-07-29. This i parcel is substandard in size and i is situated in the M-I Zone District. 2) 7:36 p.m. Appl. No. 4139 - Application of CONSTAN- TINE COSTAS for a Variance to the Zoning Ordinance, Arti- cle VIII, Section 100-82 for per- mission to locate ai:cessory garage building in the rear yard area with excessive lot coverage, at 68955 Main Road (S.R. 25), Greenport, NY; County 'Pax Map Parcel No. 1000-53-1-2. This parcel is substandard in size and is located in the Limited Business (LB) Zone District. 3) 7:40 p.m. Appl. No. 4138 - Application of THEODORE M. GOLD AND CAROL A. WEICK for a Variance to the Zoning Ordinance, Article IliA, Section 100-30A.4 (100-33) for permission to locate accessory garage building in the front yard area. Location of Property:l 20485 Sound View Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-10. 4) 7:45 p.m. Appl. No. 4098 - Application of TONY AND MARIA KOSTOULAS for a Variance to the Zoning Or-i dinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) 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). 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. I Dated: November 17, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER by Linda Kowalski 1x-11/19/92(55) COUNTY OF SUFFOLK ss: STATE 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 been published in said Long Island Traveler-Watchman once each week for .................... /. ..... weeks successively, commencing on tile ......... ,/.~. day o,'. ..... x , '~ .~. . ,:.~.. -=-,-,: ~:~ .'... / ' ~ .....T'. ' ' ~ '_t £_~:0::-'~'_ ..... Sworn to before me this ........ ./~. ~ ........ day of , Notary Public B~,RB~Rk ~, 8~N£1DER' NOTARY PUBLtC, State of New York~ I4o. 480~46 Qualified in Suffotk County Commission ~pires Page 3 - Board of~peals Appl. No. 4139 - Constantine Costas Decision Rendered December 3, 1992 Mr. Dinizio, it was RESOLVED to GRANT permission for construction of a 24 ft. by 24 ft. square garage/storage building which.will increase the total lot coverage by 576 sq. ft. SUBJECT TO THE FOLLOWING CONDITIONS: 1. No expansion or additions (without a new variance application), and the lot coverage for all structures shall be limited to the existing square footage of 2310 sq. ft. and the proposed accessory building of 576 sq. ft., for a total of 2886 sq. ft. 2. This new accessory building shall not exceed one-story height (12 feet from ground plus roof), as proposed herein and shown on the construction diagram submitted for consideration. 3. No utilities other than electric will be permitted. 4. A deed shall be prepared, signed and recorded which will merge or join the 12 ft. by 60 ft. (referred to as "dog leg" of land) with this parcel, for a total land area of at least 8670 sq. ft. This 12 ft. by 60 ft. section must be in the same common ownership as the subject parcel, and in one deed. 5. In order to comply with condition No. 4 above, the applicant will not be required to apply for a set-off application since there will be no increase in density and no adverse change in nonconformities of either parcel. 6. No sleeping or habitable use of the storage building shall be permitted; 7. The westerly side yard setback shall be increased from the proposed three feet to five feet. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. This resolution was duly adopted. (Member Doyen of Fishers Island was absent.) GERARD P. GOEHRINGER, ~HAIRMAN / lk design ' I h do it over again, I would build it deepec" How many times have we heard s, about a new garage? Don't make the sam 24' x 26' garage shou d give you all the space 24"0' lesign feet that his ?2026 Car Garage 24' x 24' garage that makes maximum use of space. )'he :t-center garage door allows for storage or workbench ~ace on the one side. The 24' depth will also leave space the rear for additional storage. 24'-0" desi 2 Car Garage "ff I had to do it over again, I would build it just two deeper." How many times have we heard someon, ,~bout a new garage? Don't make the same mistake! This 24' x 26' garage should give you all the space you need, ?. esign P 2026 Car Garage 24' 24 garage that makes maximum use of space. Fhe t-center garage door allows for storage or workDench lace on the one side. The 24' depth will also lea~,e space the rear for additional storage. ~ - 2 J992 ~ 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 TOWN OF' $OUTHOLD PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD December 3, 1992 (7:30 p.m. SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Hearing) Present : HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, JR. ROBERT A. VILLA RICHARD C. WILTON HARVEY A. ARNOFF, TOWN ATTORNEY LINDA KOWALSKI, Secretary-Clerk to Board (Absent: Serge Doyen) Page 5 12/3/92 APPLICATION NO. 4139 - Application of CONSTANTINE COSTA$ FOR A Variance to the Zoning Ordinance, Article VIII, Section 100-82 for permission to locate accessory garage building in the rear yard area with excessive lot coverage, at 68955 Main Road (S.R. 25), Greenport, NY; County Tax Map Parcel No. 1000-53-1-2. This parcel is substandard in size and is located in the Limited Business (LB) Zone District. 7:45 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 survey indicating the present position of the house on the property, which is a two-story frame home, and I have a copy --The lot by the way is 60 by i32.5-- and I have a penciled-in drawing of a proposed garage in the westerly corner of the rear yard, of approximately 24 by 24 in size, and the proposal from the applicant is 3 feet from each property line. Is there somebody who would like to be heard? How do you do, sir? Appearance: John Born, Builder, for Applicant (Refused to take microphone when asked and difficult to hear.) I hope everything is in order. THE CHAIRMAN: Similar to the last application, we have again excessive lot coverage problem. We are, in granting this application, at about 36 per cent. The code reads 20 per cent, so with the total size of the building here, you are talking about a lot coverage excess of approximately 16 per Page 6 - 12/3/92 cent over; and that is basically the situation as it stands. My question to you is, and you can relate that to Mr. Costas because I know I see him back there --if the Board is so not inclined to go 36 per cent, we can deny the application without prejudice and you can come back with another application, or'you can ask for a rehearing, or we can cut the garage down. You have to tell us basically what you want. MR. BORN: We could cut it down if need be. I don't know other than the fact that this piece back here is also (inaudible). THE CHAIRMAN: Right. I assume the other parcel belongs to your wife, is' that correct? MR. COSTAS: It belongs to my wife, and the motel, my wife and I own and operate the motel, the ice cream-- THE CHAIRMAN: The ice cream stand, you look very familiar. ~ MR. COSTAS: From the westerly marker all the way down to the other end it is like one parcel of land. THE CHAIRMAN: I get you. I just want to ask him this. This is none of my business but I have to ask you for the record: Is there any particular reason why you haven't merged the properties? Mr. Costas? MR. COSTAS: I believe it was a legal decision. THE CHAIRMAN: I see. Okay. MR. COSTA$: This was done many years before we came into owning the property. Page 7 - 12/3/92 Drossos Drossos. THE CHAIRMAN: Right. Are you some relative of the or just friends of theirs? MR. COSTAS: I am the son-in-law. My wife is a THE CHAIRMAN: I see, right. MR. ARNOFF: I know it is not merged, but would they consider that for the application? There is a piece that goes around in back-- UNIDENTIFIED VOICE: And they could give this parcel as a setoff. MR. ARNOFF: It would be a natural progression. There is no need for it to come around there anyway. THE CHAIRMAN: Are you familiar with what he just said? MR. COSTAS: I didn't hear what he just said. THE CHAIRMAN: He just said that he had suggested taking that little dog-leg which exists in the back and merging that basically to the house lot. MR. COSTAS: That would be no problem. UNIDENTIFIED VOICE: How about the dimensions? THE CHAIRMAN: The questions I am asking you are private questions, and I apologize for having to ask you these questions, but sometimes there are separate mortgages involved and so on and so forth, and that was the reason. MR. COSTAS: There are no mortgages involved. THE CHAIRMAN: So there shouldn't be any reason why you couldn't do that then? Page 8 - 12/3/92 MR. COSTAS: Absolutely not. THE CHAIRMAN: That certainly would make the situation a heck of a lot more palatable. MR. COSTAS: THE CLERK: dimensions? THE CHAIRMAN: all. You can consider it done. How much room is there. What's the We have to scale the dimensions, that's THE CLERK: How much is that there, 12 feet to the back, that dogleg that is in the back? THE CHAIRMAN: Twelve feet by sixty then will be added to the house parcel. The use of the garage is mainly for residential storage, is that correct? MR. COSTAS: That's correct. We wind up with all kinds of lawn furniture, gardening equipment, in order to maintain the property the way we do maintain it. And both. my wife and I are getting kind of old, and it is kind of difficult to be going up and down basement stairs-- I've had a couple open heart surgeries, and it gets more difficult every year, so we are trying to ease up on ourselves a little blt. THE CHAIRMAN~ Okay, that certainly makes it much more palatable. We will take a long, hard look at this and do the best we possibly can for you, and we thank you very much for coming in. MR. COSTAS: We certainly would appreciate it. Thank you. Page 9 - 12/3/92 THE CHAIRMAN: speak concerning this? Or against? (There was no response.) THE CHAIRMAN: Seeing no hands, I make a motion closing the hearing, reserving decision until later. and carried.) THE CHAIRMAN: Thank you and safe home. Is there anyone else who would like to (Seconded APPEALS BOARD IVIEMBERS 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 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 at the above telephone nunzber, or to stop by between 8:00 a.m. and 4:00 p.m. Monday through Friday, if you have any questions or wish to update your file prior to the day of the hearing. Attachment (Legal Notice) Page 4 - Legal Not~ of Hearings Southold Town Board of Appeals Copies transmitted to the following on or about 11/18/92: L.I. Traveler-Watchman (trans. 11/17) Suffolk Times, Inc. (trans. 11/17) Ms. Elaine Romagnoli, 1230 First St., New Suffolk 11956 Mr. John H. Geideman, East Marion, NY l1939-0416(Romagnoli) Mr. John C. Born, 1675 Cedar Beach Rd, Southold 11971 (Costas Constantine Costas, 68955 Main Rd, Box 70, Greenport 11944 Theodore M. Gold & Carol A. Weick, Box 1524, Southold 11971 William D. Moore, Esq., Box 23, Westphalia Rd, Mattituck 11952 (Re: Kostoulas) ZBA Members Town Bulletin Board (lobby) 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 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 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4139 Project/Applicants: County Tax Map No. Location of Project: Constatine Costas 1000- 53-1-2 68955 Main Road, Greenport, Nov. 17, 1992 NY Relief Requested/Jurisdiction Before This Board in this Project: Locate accessory garage buil'ding in the rear yard with excessive ..lot coverage 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 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk November 17, 1992 ZONING APPEAL APPL. NO. 4139 - CONSTANTINE COSTAS Transmitted herewith is Zoning Appeal Appl. No. 4139 CONSTANTINE COSTAS together with the Notices to Adjacent Property-Owners, the Notice of Disapproval from the Building Department, the Short Environ- mental Assessment Form, the Zoning Board of Appeals' Questionnaire, and a Site Plan map. Judith T. Terry Southold Town Clerk The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental r~v~ew will be ma~e by this ~oard -before any action is taken. 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 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? 2. Will there be a major change to any unicue or ~ un~ual land form on the site? - Yes 3. Will project alter Or have a large effect on 4. Will project have a potentially large impact on groundwater quality? ~ 5. Will project significantly effect drainage flow · Yes IS. ~repater,s Signature: ~ Representing: ~4l)~'~ ZBA ~/q5 " 6. Will project affect any threatened endangered~ plant or animal specie~? or 7. Will project result in a major adverse effect on- Yes air quality? 8. Will project have a major effect on visual char-`--Yes acter of the community or scenic views or vistas .. known to be important to the community~ .___Yes /No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site desi=nated as a critical envircamental area by a locll agency?___Yes 10. Will project have a m~jor effect on existing or future recreational opportunities? __._Yes ~V~No 11. Will project result in major traffic problems or cause a major effect to existing transportation ~NO .' ' systems? .___Yes .. 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. Will project affect the existing community by ~Yes directly causing a growth in permanent popula- tion of more than 5 percunt over a one-year ___.Yes period or have a major negative effect on the charact~ of the community or neighborhood? Is there public controversy COncerning the ' /No project? SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDletecl by Applicant or Project sponsor) I. APPLICANT/SPONSOR I 2. PROJECT NAME 3. PROJECT LOCATION: [] New [] Expansion ~] Modification/alt erat lot1 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER F-XISTING LAND USE RESTRICTIONS? [] Yes [] NO Il NO, descri0e ~rlefly [] Re$iclentlai [] Industi'ial [] Commercial [] Agr,cullure [] Park/Forest/Open space [] Other I CERTIFY THAT THE INFORMATION PROVIDED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDGE the action is in the Coastal Area, and you are a state agency, complete ttte Coastal Assessment Form before proceeding with this assessment OVER I · (Conl:'inued on ~'eve~'$e $'ide) = QUEST!CNNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ~he owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market for - sal~r being shown to prospective buyers? { } Yes {%/} No. (If ~es, pl~e at~h c..np~ o.f "condit~nns" of ~e.) { } Yes {~No . D. 1. Are there any areas which contain wetland grasses? ~ 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkhea~ed between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed coDstruction at or below five feet above mean sea level? _~/~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which e~tand, ~re~not ~hown ~n the survey map that you ar~ sUbmitting? . WU ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any ce-owner alsd own other land close to this parcel? If yes, please explain where or submit copies of deeds.' I. Please list present use or operations conducted at this parcel 0~6 F~V ~ ~Cl~& and proposed use 5~w'~ ~T~ 4~c~$z~Z~ ~,~ ~tnofized Signature anU Date 3/87, 10/901k § 9%13 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Sou:hold. [Added 6-6-84 by L.L. No. 6-1984! ~'E2-f.~.~FDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- ~r ~{DAL WETLANDS: (1) AH lnnds ~enerslly covered or fnmrmitten:ly cov- ered wi:h. or which border on. tidal wa~. or l~nds lyin~ beneat~ tidal waters, which a: mean low ~ide are covered by tidal waters five (5) feet. fncludfn~ ~ut no: limited ~ banks. bo~s. salt m~rsh, swamps, meadows, flsm ar e:her low lyin~ lands subject m tidal action: (2) All banks, bo~s. mesdows, fl~m and tidal msrsh subject to such ~fdes and upon which ~rows or rosy grow some or ~nF of the foflowfn~ sal~ hay, black ~r~, saltwort, se~ lavender. ~11 cordless, hf~h bush. cntmils, ~roun~eL (3) Ailed immediate~ defined in Subsection A(2) and lying ~vithin seven- ~y-five (75) feet landward of the most land~vard edge of such ~ tidal we,}and. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. T~- tie 1. ~ 24-0107. Suhdivls~ons l(a) t~ l(d) ~nclusive. of thc Environmental Conservnfion L~w of the State of New York; nnd (2) All land immediately adjacent to a "freshwater wet- land." as defined in ~ubsection B(1) and lying with- in seventy-five (75) feet la,~dward of the most land- ward edge of a "freshwater wetland." 9705 ~-80 HD LIO HI) '/ R -80 J IS1-4 ND .- TOWN CLERK TOWN OF SOUTHOLD ' 4 5 0 2 1 Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 Date }~. For ~ ~~ ~ ~dlth T. Te~,Town Clerk Cash ~ Cheek ~ /~ 7C By ~' BOARD OF APPEALS. TOWN OF $OUTHOI_D In the Matter et the Petition of to the Board of Appeals of the Town of Sou~hntd .TO: NOTICE TO ADJACE~T PROPERTy OWNER YOU ARE HEREBY GIVEN NOTICE: I. T,~ i,· [s~-,ILe intention of the undersigned to petition the Board of Appeals of the Town of Southold t°request~(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- cribedasfollows: /_,~g¢ 7 5'5,- I'Y]14m, J P~D t'~6-e--~,~o~.T- 3. That the property which is the subject of such Petitio~n is located in the following zoning district: 4 That h'~ such Pelition, the undersigned will request the following relief: · $. That the provisions of the 5outhold Town Zoning Code applicable ~o the relief sought by the under- signed are Ar~;icle ~ Section ~00-- ~'~,-' [ ] Section 280~A, New York Town Law for approval of access over 6. Tha~ within five days from the date hereof, a written Pelition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and~ou ma~ then and there examine the same during regular office hours. (516) 765-1809. 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, n6wspapers 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. Oated:~ ~¢_.. 3fL* Petitioner Owners'Names: C~'~ ~, ~--~r~ Post Office Address -'~0 ~'~× "70 tel..o. ( ) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] ~28~_ 10~ 10, Receipt for Certified Mail No Insurance Coverage p Do not use for Internatior (See Reverse) 7u PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 281 102 109 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International ~vlaH (See Reverse) P~1-102 110 ,.Receipt for Certified Mail No insurance Coverage Provided {See Reverse) STATE OF NEW YORK ) COUNTY OFSUFFOLK) ~'~eyc,4 ¢ · /~c~J , residing at t I~-/C Ce~- ~ ~0 ~ , being duly sworn, deposes and says that on ~he ~ ~ day of NC~e~ ,19 g~ ,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 thc United States Post Of-  ~e~ ; tha~ said Notices were mailed to each of said persons by ) (registered) mail, Sworn to before me this day of¥~:.2L~*'v-0~t ~ , 19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.)