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HomeMy WebLinkAbout4130 APPEALS BOARD MEMBERS Gerard P. 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 OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4130: Application of D. CANTOR and C. HOCHBAUM. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory garage for (storage) purposes incidental to the existing single-family residence in an area other than the required rear yard. Location of Property 8170 Skunk Lane (a/k/a Bay Avenue), Cutchogue, NY; County Tax Map Parcel No. 1000-104-8-3.1. This parcel is located in an "R-40 Low-Residential" Zone District. WHEREAS, after due notice, a public hearing was held on October 15, 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, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the August 20, 1992 Notice of Disapproval by the Building Inspector which rejected an application for a permit to construct an accessory garage in the front yard area on the following grounds: "...accessory buildings and structures or other accessory uses shall be located in the required rear yard. Article III, Section 100-33 .... " 2. The premises in question is located in the R-40 Low-Residential Zone District. The survey submitted for consideration shows that the premises is improved with an existing one-story frame dwelling with attached carport. This principal building is shown to be set back 95 feet from the front property line along Bay Avenue, approximately 78 feet from the (rear) average high water mark of Broadwaters Cove, 39.9 feet from the easterly (side) property line, and 58 feet from the westerly (side) property line. For the record, this parcel is a described parcel consisting of at least one acre of land Fage 2 - November 9, 1992 Appl. No. 4130 - CANTOR & HOCHBAUM Southold Town Board of Appeals (now Lot 3.1, Block 8) which adjoins other property (wetlands) also of the applicant to the southwest (Lot 1, Block 8). 3. The plan dated September 21, 1992 submitted for consideration and prepared by Fairweather/Brown Architects shows the building proposed of a maximum size of 25 ft. wide by 25 ft. deep. The building will be limited strictly for storage purposes accessory and incidental to the owner-applicant's residence. This building may not be used or operated as a principal use such as a business, residence or other type of habitable unit, or for similar gainful purposes (such as rental for non-owner storage, etc.). The maximum height of the building is shown to be 20'4" with storage on the second floor. Gas and water hook-ups are proposed on the second floor, as well as an inside bathroom with tub, lavatory and sink counters. An outside shower is also proposed. The first floor level will be strictly for parking of vehicles of the owner or their guests. (Please see restrictions set by the Board in its resolution, infra.) 4. The location of this accessory garage building is requested with a setback of 25 feet from the northerly (front) property line and 10 feet at its closest point from the westerly side property line (on an angle). This new accessory building is proposed to be 53 feet away from the principal dwelling. 5. It is noted that the existing (small) accessory shed in the rear yard will be removed. 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property; the rear yard area is technically that area between the dwelling and Broadwaters Cove, which is low in elevation; (b) there is no method feasible for appellant to pursue other than a variance - particularly since the property fronts along a waterway and will require possible variances from the N.Y.S. Department of Environmental Conservation and permits from the Town Trustees under the State and Town wetland ordinances, respectively. (c) the relief is not substantial in relation to the requirements; (d) the variance requested does not involve any increase of dwelling unit density and is not permitted to be operated for sleeping or habitable purposes in any manner; Pa~e 3 - November 9, 1992 A~pl. No. 4130 - CANTOR & HOCHBAUM Southold Town Board of Appeals (e) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for enclosed parking and storage of the owner's own lawn and other items; (f) the relief requested is not unreasonable due to the uniqueness of the property and the irmmediate area; (g) the variance, as alternatively granted, 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 line at 40 feet {or more}. Accordingly, on motion by Member Villa, seconded by Chairman Goehringer, it was RESOLVED, to GRANT a Variance to locate a 25 ft. wide by 25 ft. deep accessory garage/storage building in the front yard area as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the less than 10 feet consideration; setback from the side property line not be with the angle shown on the plan submitted for 2. That the setback from the front property line not be less than 40 feet at its closest point; 3. That the building be limited to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and not be operated for gainful purposes (not for rental storage or other separate business purposes), etc. 4. That the building height from ground to top (peak) not exceed the limitations legislated in the zoning code {unless further appeal is made}; 5. That there be no cooking facilities, plumbing or utilities other than electric (no gas hook-up included); 6. That there be no sleeping or living quarters, as restricted by the accessory provisions of the code in this R-40 Zone District; 7. That covenants shall be prepared and submitted for acceptance, in legal recordable form outlining and restricting the premises, in perpetuity, to those conditions set forth above. Upon acceptance, the property owner shall have the Declaration of Covenants and Restrictions recorded in the Page 4 - November 9, 1992 Appl. No. 4130 - CANTOR & HOCHBAUM Southold Town Board of Appeals Suffolk County Clerk's Office, with a conformed copy furnished to the Board of Appeals for permanent recordkeeping purposes. vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa, Wilton and Goehringer. This resolution was duly adopted. lk GERARD P. GOE~RING~ ~AIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLEP~ DATE HOUR Town Clerk, Town of Sou~hckt APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, or. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOU/HOLD 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, OCTOBER 15, 1992 commencing at the times specified below: (1) 7:32 p.m. Appl. No. 4130 - D. CANTOR and C. HOCHBAUM. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory garage for (storage) purposes incidental to the existing single-family residence in an area other than the required rear yard. Location of Property 8170 Skunk Lane (a/k/a Bay Avenue), Cutchoque, NY; County Tax Map Parcel No. 1000-104-8-3.1. This parcel is located in an "R-40 Low-Residential" Zone District. (2) 7:36 p.m. Appl. No. 4129 - ROBERT AND RUTH KELLEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck extension (includes widening of existing stoop area). The existing stoop is, and proposed deck extension will be, located within 75 feet of an Page 2 - Legal NotJ.~ Hearings for October 15, 1992 Southold Town Board of Appeals existing bulkhead at or near ordinary high water line. Location of Property: Southold Shores Lot No. 8; 750 Blue Marlin Drive, Greenport (Southold Fire District); County Tax Map Parcel No. 1000-57-01-29. This improved parcel is substandard in size and is located in the "R-40" Zone District. (3) 7:40 p.m. Appl. No. 4131 - WILLIAM AND GINA MAXWELL. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck extension with screened-in enclosure (includes widening of existing deck and step areas). The existing deck and steps are, and the subject extension will be, within 35 feet of the rear property line. The new construction will also exceed the 20% lot coverage limitation of the Bulk Schedule at Section 100-30A.3. Location of Property: 170 Orchard Street, Orient; County Tax Map Parcel No. 1000-25-3-3.1. This improved parcel is substandard in size and is located in the "R-40" Zone District. (4) 7:45 p.m. Appl. No. 4133 - ANTONE VOLINSKI. Variance to the Zoning Ordinance, Article III, Section 100-3 for permission to exceed the 20% lot coverage limitation for placement of an accessory shed structure and deck addition at the rear of existing dwelling. Location of Property: Westerly Side of Middleton Road, Greenport, NY; County Tax Map Parcel No. 1000-40-5-6. This improved parcel is substandard in size and is located in the "R-40" Zone District. Page 3 - Legal Noti~ Hearings for October 15, 1992 Southold Town Board of Appeals (5) 7:50 Appl. No. 4132 - SPECTACLE RIDGE, INC. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory barn, accessory swimming pool and cabana structure in areas other than the required rear yard, and under Section 100-33A for permission to extend height of barn above 18 feet. 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. (6) 7:55 p.m. Appl. No. 4128 - BREWER'S YACHT YARD AT GREENPORT, INC. Special Exception under Article XII, Section 100-121B(1) for permission to establish accessory food services for its marina patrons as an amenity. Location of Property: 2530 Manhanset Avenue and the westerly side of Sandy Beach Road, Greenport, NY; County Tax Map Parcel No. 1000-43-3-2. This 9.5+- acre parcel is improved and is located in the "Marine-II" Zone District. 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: September 25, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERA~D P. GOEHRINGER FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPPROVAL Date AUGUST 20, ........................... 19 92 BOX 521 GRgENPORT, ~ YORK ! 1944 PLEASE TAKE NOTICE that your application dated . AUGUST 14, 19 92 for permit to CONSTRUCT AN ACCESSORY GARAGE IN 'l'ltl~ FRONT YARD Location of Property 8170 SKIR~ ~ Cu'rCUO~u% l~t YORK HOrSe NO. ''' ' 's'tlebi .................... tqa,,,ter County Tax Map No. 1000 Section 104 ' Block 8 3.1 .............. Lot Subdivision ................. Filed Map No ................. Lot No ....... ' ....... is returned herewith and disapproved on the following grounds ACC. ESSORY EUILUINGS ~ STRUC'rogES OR O'rHI~R ACCESSORY USES SHALL BE LOCATED IN 'r[i~ REQUIRED REAR YARD. ARTICLE III CHAPT. 100-33. ACTION REQUIRED BY Ta~. ZONING BOARD OF APPEALS. RV 1/80 R~C~IVID TOWN OF SOUTHOLD, ~ll~lllldl~wn ~,JJ~l- APPEAL FROM DECISION OF BUILDING INSPEcToR APPEAL NO. U/ ~ (~ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (w.~ .... ~.p.~e~.6 ~ ~.~.~ ..... o~ .............. ~...~.~J ................................... Name of Appeiiant Street and Number ........ ....................................................... ............... mo Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPE~OR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHE~E~Y THE BU~UDINa INSPECTO~ DEN~ED TO ...... ~[~..~:.C~.~ ~ ~'.k~.~.~ ......... Name of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1 ..................................... / ....................... ................................ Street /Hamle¢ / Use District on Zon ~9 Map BisCrJc¢ 1000 Sec~JonlO~Bloc~ Lo~, ~ - ......................... : ......... ..~.. ..................... ..~urren~ ~ner g, ~N A ~.~0~ Map No. Lot No. Prior 0~ner ~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and' Pa~g~graph of the Zoning Ordinance by number. Do nat quote the Ordinance.) Article L3~ Section t o0- B~ 3. TYPE OF APPEAL Appeal is made herewith for (please check approprial:e box) v~ VARIANCE to the Zoning Ordi_n_an_ce ~ ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ) 4. PREVIOUS APPEAL A previous appeal Jj~{hasnot~,been made with respect to this decision of the Building Inspector or with respect to this pr~'-perty. Such appeal was ( ) request for a special permit ( ) request for ,a variance and was made in Appeal No .........~,..... Doted ...hA~ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (,/)//A Variance to the Zoning Ordinance ( ) is requested for the reason that Form Z~I (Continue on other side) REASON FOR /'.,PPEAL Con~,nuea 1 STRICT APPLICATION OF THE OROINANCE woutd produce practical difficulties or sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all oroperties alike in the immediate vicinity of this property and in this use district because CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK } ) ss COUNTY OF ) Signature Sworn to this ....................................... day of ........................................................ Notary Public //" TOWN OF SOUTHOLD PROPERTY RECORD CARD ,,~ , OWNER STREET ~ I--/~ VILLAGE DIST. SUB, LOT FORMEk OWNEP~ ~' ' ' ~. N ' E ACR. - S, W ~PE OF BUILDING RES. ~/O S~S. VL. FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE RE~RKS~/~ ~/~r ~ ~ ' ' AGE BUILDING cONDItION N~ NOR~L BELOw ABOVE FA~ Acr~ Value P~r Valu~ Tillable FRONTAGE ON WATE~ _~. ~2--~, ~/t', ~ Meadowland DEPTH Ho~P~ ~ ~ BULKH~D Total D~K COLOR ,/-/,~ -~ ~ ~ ,~ z.__ TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway Foundation (~.~. Basement Ext. Walls / Fire Place T~/pe Roof Recreation Room Dormer Bath Floors Interior Finish Heat ' Rooms 1st Floor Rooms 2nd Floor Driveway / ¸DR. BR. FIN. B TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET VILLAGE DIST. SUB. LOT S W TYPE OF BUILDING RES.~// SEAS. VL. FARM COMM.. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS ~a~ FRONTAGE ON WATER W~lan~ FRONTAGE ON ROAD ' M~d~d ... ' DEPTH Hou~ Plof= -' ': .... BULKH~D 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-i4 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) Dexter, Robert H. & Kathryn B. ~ant or/Hochbaum Municipal File Number(s) 4122-B 4130 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 Do~en, 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 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 Cc~mission: ){ Va~'ianre f'~om thr. Zoning Code, Article III , Section 100-33 __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4130 Applicant: D. CANTOR and C. HOCHBAUM, Location of Affected Land: 8170 Skunk Lane (a/k/a Bay Avenue), Cutchogue, NY County Tax Map Item No.: 1000-104-8-3.1 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 locate Accessory garage for (storag purposes incidental to existing single-family residence in an area other than the required rear yard. ~opies of Town file and related documents enclosed for your review. Dated: Nov. 10, 1992 APPEAI~ BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD November 13, 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. Robert Brown, R.A. Fairweather/Brown P.O. Box 521 Greenport, NY 11944 Re: Appl. No. 4130 - Cantor & Hochbaum (Accessory Building in the Front Yard) Dear Mr. Brown: With reference to the above application, please find attached a copy of the Board's determination rendered on Monday, November 9, 1992. Once the construction plans have been revised to conform with the Board's determination and the height requirement of the code, 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 Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Sept. 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 18, 1992 S.E.9.R.A. TYPE II ACTION DECLARATION Appeal No. 4]30 Project/Applicants: County Tax Map No. Location of Project: D. Cantor and C. Hochbaum 1000- 104-8-3.1 8170 Skunk Lane, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct accessory garage in front yard This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality ReviewAct 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(~j)), 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: F ROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk September 18, 1992 ZONING APPEAL APPL NO. 4130 - D. CANTOR & C. HOCHBAUM (FAIRWEATHER/BROWN) Transmitted herewith is Zoning Appeal Appl. No.-4130 D. CANTOR & C. HOCHBAUM together with the Notice to Adjacent Property Owners, the Short Environmental Assessment Form, a copy of the NYS DEC Permit, a copy of a letter from the Town Board of Trustees to Peconic Associates, Inc., the Notice of Disapproval from the Building Department, the Zoning Board of Appeals' Questionnaire, and a copy of the Site Plan. Judith T. Terry Town Clerk Present: PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD October 15, 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 APPLICATION NO. 4130 - D. CANTOR and C. HOCHBAUM. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory garage for (storage) purposes incidental to the existing single-family residence in an area other than the required rear yard. Location of Property: 8170 Skunk Lane (a/k/a Bay Avenue), Cutchogue, NY; County Tax Map Parcel No. 1000-104-8-3.1. This parcel is located in an "R-40 Low-Residential" Zone District. 7:32 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 site plan dated September 17, 1992, from Fairweather Brown, Architects and Designers, indicating an existing one-story frame house. The nature of this application is not necessarily addition to this house but the garage in the front yard area. 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? Appearance: Robert Brown, Architect for the Owners. THE CHAIRMAN:~ Could we have on the survey the size of the garage? I would rather have you make a mistake than me. MR. BROWN: Just bear with me is 25 feet by 25 feet. THE CHAIRMAN: Okay. We have concerning heights. And the way height one second. The garage this problem, Mr. Brown, is measured to the Page 2 - 10/15/92 ridge. Can you give me a "guesstimate" of what the height is to the ridge? The actual ridge. Our code reads 18 feet. MR. BROWN: It is my understanding the center line --to the ridge is approximately a little less than 22 feet. THE CHAIRMAN: Our main concern with accessory structures is that of having some sort of habitable dwelling or quasi-habitable situation --and that is probably not the proper phrase to use-- on the second floor. Could you tell us what the second story of this proposed structure will be used for? MR. BROWN: It is intended as an office for the owners. THE CHAIRMAN: Will it be insulated and heated on a year-round basis? MR. BROWN: Yes, it will. THE CHAIRMAN: So then it will probably have --and I did look at the plans-- a bathroom, right? MR. BROWN: Yes. THE CHAIRMAN: Is it a full bathroom with all the amenities that a bathroom has, or is it what we refer to as a half bath? MR. BROWN: As I recall the plan without looking at it, it was a toilet and shower. THE CHAIRMAN: Was there any particular reason for a shower? MR. BROWN: Off the top of my head, it was the client's request. Page 3 10/15/92 THE CHAIRMAN: We had recently had an application similar to this down in Laurel in Edgemere Park and the Board did consider having a lavatory, but that was the extent of the situation. I also can understand the possibility of having insulation and the possibility of heat, particularly being on the water-side with the humidity that exists over there. However, it should be pointed out to you that we will be requesting --if the Board so grants this application-- a covenant indicating that the building only be used for accessory use and it not be used as a habitable dwelling; and that will go along with the land and be recorded in the County Clerk's Office, so that if Mr. Cantor and Mr. Hochbaum intend to sell the property in years to come, -- MR. BROWN: It is Miss Cantor. THE CHAIRMAN: I'm sorry --that very simply, that covenant will go along with it. MR. BROWN: I don't believe that would be a problem for my clients. They had discussed it with the Building Department, about the allowable and non-allowable uses and (phrase inaudible). THE CHAIRMAN: In reference to the placement of this structure, is there anything you want to say, why they chose th~s location? MR. BROWN: Well, primarily being waterfront property, obviously, dealing with the DEC, it would be impossible to locate this garage in what is technically the rear yard. The Page 4 - 10/15/92 siting was based on purely architectural considerations, creating a courtyard area between the house and the accessory garage. THE CHAIRMAN: The property is a little ominous looking. It is more extensive than you actually realize when you get behind the hedgerow effect, and it really is a very beautiful piece of property, and I can understand their wanting a place, not only from the lack of obstructing view situation really. MR. BROWN: As you mentioned, the hedgerow there, I believe there will be little if any impact on the street by the garage and they appreciate their privacy and won't take advantage. THE CHAIRMAN: So it is Miss Cantor and Mr. Hochbaum? MR. BROWN: Yes. THE CHAIRMAN: The type of heating system that would be used, to your knowledge? MR. BROWN: I believe at the time we are considering gas-fired heating and baseboard. THE CHAIRMAN: And the downstairs or the first story of the garage will be simply for storage of automobiles and boats and so on? MR. BROWN: And boats. THE CHAIRMAN: I don't have any particular questions. I will open it up for the Board. Bob? Page 5 10/15/92 MR. VILLA: Yes, I have a question. Why can't they set this back to meet the minimum setback,say 40 feet? MR. BROWN: Again, it was an esthetic decision as we walked around the property. There are extensive renovations being done to the main house-- MR. VILLA: I can understand it being in the front yard rather than the rear yard, but I can't see it being closer to the street than what the minimum setback should be. MR. BROWN: Well, my clients are out of the country right now, and I can't speak for them. I don't think there would be --if it came down to it-- they would probably be willing to move the garage somewhat. They were hoping to keep it as far from the house as possible. We. very carefully staked out the view around the house and tried to keep the garage away from that and allow a certain amount of parking area between the house and the garage. Again, with the hedgerow there, it precludes any visual-- MR. VILLA: The hedgerows can be here today and gone tomorrow, isn't that true? MR. BROWN: True. MR. VILLA: But setbacks, once it is there, once the building is there, it is going to be there. MR. BROWN: As I said, I imagine they would be amenable to that, if it came down to it. This is obviously where they would like it. Page 6 10/15/92 THE CHAIRMAN: I really don't have further questions. You could see a modification, as Mr. Villa has just mentioned, in reference to distance from the front property line. MR. VILLA: A 15-foot difference. THE CHAIRMAN: I doubt if it would be that much, but we'll discuss it when we get into the deliberation of this particular application; and we thank you. MR. BROWN: They are certainly not going to give up the opportunity of having the garage in the yard over a few feet. THE CHAIRMAN: I don't have any particular objection to the garage in the front yard. You mean in reference to its existance in the front yard or its existance where you are requesting it to be placed? MR. BROWN: What I am saying is, if it were a matter of having to move the garage or not being allowed to have it-- THE CHAIRMAN: Okay. You want the garage. No problem. We will do the best we can for you. We thank you very much. Are there any other questions? We have to go thr0ugh a ritual and ask if there is anybody in the audience, okay? Is there anybody else who would like to speak in favor of this application? Anybody like to speak against this application? Any questions from anybody else? I guess that's it. We thank you very much for coming in, sir; and I will make a motion reserving decision until later, closing the hearing and reserving decision. Thank you, Serge. Page 7 - 10/15/92 APPLICATION NO. 4129 - ROBERT and RUTH KELLEY Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck extension (includes widening of existing stoop area). The existing stoop is, and proposed deck extension will be, located within 75 feet of an existing bulkhead at or near ordinary high water line. Location of Property: Southold Shores Lot No. 8; 750 Blue Marlin Drive, Greenport (Southold.Fire District); County Tax Map Parcel No. 1000-57-01-29. This improved parcel is substandard in size and is located in the "R-40" Zone District. 7:42 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a survey produced by Roderick Van Tuyl, P.C., dated June 15, 1992, indicating the existing house as it is presently placed on the lot, and penciled in or penned in is the proposed deck, off the rear of the house, which is within approximately 53 feet plus or minus of the bulkhead. And I have a copy of Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Kelley or Mrs. Kelley, would you like to add something? MR. KELLEY: No, I don't think so. THE CHAIRMAN: I should say you were very gracious in showing me, at a very early hour, on a Saturday morning, your deck; and, of course, I wanted to stay --a great view you have out there. And I can understand why you want one. There is no doubt in my mind. Page 8 10/15/92 MR. KELLEY: We just want a place to, you know, put a couple chairs and sit out there, especially this time of year because it is a lot warmer on that side of the house than it is on the north side. That's about all, I guess. THE CHAIRMAN: Thank you. Anybody have any questions of the Kelleys while they are here? Is there anybody else who would like to speak in favor of this application? Anybody who would like to speak against the application? Mr. Kelley, what did you say the approximate height off the lawn would be? MR. KELLEY: Off the lawn? Well, the stoop would be the same height as the stoop is. THE CHAIRMAN: What is that, about 18 inches? MR. KELLEY: And the lawn would be right on the ground. THE CHAIRMAN: I will do the very best I can to entertain this application tonight. We have not discussed it amongst the Board members, and it does not appear to be anybody objecting to it tonight, so if you want to give us a call tomorrow morning-- I am not going to ask for a decision at this point. We will do it after the hearing, so give us a call in the morning, and we hope to have it for you. Hearing no further. comment, I make a motion closing the hearing and reserving decision until later. Page 9 - 10/15/92 APPLICATION NO. 4131 - WILLIAM AND GINA MAXWELL. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck extension with screened-in enclosure (includes widening of existing deck and step areas). The existing deck and steps are, and the subject extension will be, within 35 feet of the rear property line. The new construction will also exceed the 20% lot coverage limitation of the Bulk Schedule at Section 100-30A.3. Location of Property: 170 Orchard Street, Orient; County Tax Map Parcel No. 1000-25-3-3.1. This improved parcel is substandard in size and is located in the "R-40" Zone District. 7:46 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 produced by Roderick Van Tuyl, P.C., dated March 19, 1991, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. For the record, this is a unique building; it is an old firehouse, and it really is a truly beautiful building. Is there somebody who would like to be heard? MRS. MAXWELL: I am here, but there is nothing else I would like to add. THE CHAIRMAN: The approximate footage you have written in here as between five and a half and six feet from the rear property line. Is that approximately right? MRS. MAXWELL: Yes. Page 10 - 10/15/92 THE CHAIRMAN: And this is most of the living area is upstairs. MRS. MAXWELL: Yes. second story there. THE CHAIRMAN: a two-story deck. I assume Is that the reason? There is no lower deck, just a And the portion of deck is to the west side that you are anticipating an enclosure over or roof over? MR. MAXWELL: THE CHAIRMAN: this deck in any way? Yes. Are you ever anticipating closing up MR. & MRS. MAXWELL: No, just with screens. We have a real mosquito infestation, and you can't sit out at night because you are totally eaten away, so the screens are necessary in order for evening use. And it was so Darrow as existing that you couldn't get a table or chairs out there. THE CHAIRMAN: I was there also right after I went to the Kelleys house. In fact, I think I went to Orient first. I didn't attempt to walk on your property. I very simply walked down the path, looked, stated my business to the neighbor, who asked me why I was there, and took a look at the deck and then left, so I didn't do any measurements. What size is the existing deck right now? MR. MAXWELL: Forty by seven. Sorry, 20 by 7. THE CHAIRMAN: So you are increasing it now to 11 feet. MRS. MAXWEELL: I want to go out a little wider because it really is not functional at 7 feet. In fact, it is kind of dangerous because it is so narrow that when you have Page 11 - 10/15/92 people out there, people tend to lean on the fence, and I don't like it. I think for it to function properly, I asked for eleven feet. It should be at least ten. THE CHAIRMAN: Okay. That was my next question. Assuming we didn't have an agreement at eleven feet, you know, we are going to restrict it conceivably, so that is what you are looking, somewhere --you would like eleven, but ten is what you need. MRS. MAXWELL: Ten is fine, if you would give me ten. I would put a table out there. I'd put chairs, and I can function okay at ten. Anything less than that would be a problem. THE CHAIRMAN: At 41 feet, which is probably the entire width of the existing building, the roofed area is going to be approximately half of that, so that would be twenty, twenty and a half, nineteen and a half, something like that. MR. MAXWELL: Twenty. THE CHAIRMAN: Does anybody have any questions? Jim, Bob? Is anyone else at this hearing who would like to speak in favor of this application? Anybody like to speak against this application? I don't have any particular problems with it. I will offer it as a resolution provided that it remain open and roofed only to the area that they are requesting. I also have absolutely no problem with eleven feet based upon this pre-existing status. I don't think that the rear property line is exactly straight. The building is not perpendicular tO the Page 12 - 10/15/92 property line, so it may be five and a half at one spot and six at the other. THE CLERK: What about lot coverage? THE CHAIRMAN: Granted as applied. Anybody have any problems with it? All in favor, aye? Thank you very much. Enjoy your deck. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Diniz~o, 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 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 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGs NOTICE 1S ttEREBY 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, Oc- tober 15, 1992 commencing'at the times specified below: (1) 7:32 p.m. AppL No. 4130 to Article III, Section 100-33 for permis- sion to locate accessory garage f@$ (storage) purposes inciden- tal to the existing Single-family residence in an ~area other than the required rear yard. Location of Property 8170 Skunk Lane (a/k/a Bay Avenue), Cntchogue, NY; County T/tx M~p Parcel No. 1000-10~-8-3.1. This parcel is located in fin "R-40 Low- Residential!' Zone District. (2) 7:36 p.m. Appl. No. 4129 -ROBERT~AND RUITH KELLEY. Variance to the Zon- ing Ordinance, Article XXIII, Section 100-239.4B for permis- sion to construct deck extension (includes widening of existing stoop area). The existing stoop is, and proposed deck extension will be, located within 75 feet of an existing bulkhead at or near ordinary high water line. Loca- lion of Property: Southold Shores Lot No. 8; 750 Blue Marlin Drive, Greenport (Southold Fire District); Coun- ty Tax Map Parcel No. 1000-57-01-29. This improved parcel is substandard in size and is located in the "R-40" Zone District. (3) 7:40 p:m~ AppL No. 4131 - WILLIAM AND GINA MAXWELL. Variance to the Zoning Ordinance, Article IlIA, Section 100-30A.3 for permis- sion to construct deck extension with screened-in'enclosure (in- cludes widening of existing deck and step areas). The existing deck and steps are, and the sub- ject extension will be, within 35 feet of the rear property line. The new construction will also e~ceed the 20% !ot coverage ' I{fi~itatlbif6g {fi~!~i61k' S~difl&'~ atc~;eciSdff l~Iff30A.3. of Property: 170 Orchard Street, Orient; County 'Ihx Map Parcel No. 1000-25-3-3.1. This improv- ed parcel il~l~standard in size and is loe~ in the "R-40" Zone District; (4) 7:45 p.m. AppL No. 4133 , ANTONE VOLINSKI. I Variance go the Zoning Or- dinance, Article Ilk Section 100-3 fo/permission to exceed the 20% lot coverage limitation for placement of an accessory shed structure and de~k addition at the rear of existing dwelling. Located of Property.' Westerly Side of Middieton Road, Green- port, NY; County lhx Map Parcel No. 1000-40-5-6. This im- proved parcel is substandard in size and is locat~l in the "R-40" Zone District. (5) 7:50 AppL No. 4132 - SPECTACLE RIDGE, INC. Variance to the Zoning Or- dinace, Article Ill, Section 100-33 for permission to locate accessory barn, a~cessory swim- ming pool and cabana structure in areas other than the required rear yard, and under Section 100-33A for permission to ex- tend height of barn above 18 feet. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-08~--0!-02. This property is located in the "Agricultural- Conservation (A-C)" Zone District. (6) 7:55 p.ml Appl. No. 4128 - BREWER'S YACHT YARD AT GREENPORT, INC. Special Exception under Article Xll, Section 100-12lB(I) for permis- sion'to establish accessory food services for its marina patrons as an amenity. Location of Pro- 15erty: 2530 Manhanset Avenue and the westerly side of Sandy Beach Road, Greenport, NY; County Tax Map Parcel No. 1000-43-3-2. This 9.5+- acre parcel is improved and is located in the "Marine-Il" Zone District. 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 rhore information, please call 765-1809 or visit our office. Dated: September 25, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER IX-10/8/92(16) COUNTY OF SUFFOLK · 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-Watci~man once each week for. .................... ./. .... weeks successively, commencing on the ...................... Sworn to before Ille Ibis ..................... day Of ........... .~"~-~ .... 19 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St~le of I':ew York No. 4808846 QuaHied ia St!ffolk Count~/ Comrai:sion Expires LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant t~Isection 267 of the Town Law and the Code of the Town of Soutbo]d, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS al the Somhold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, OCTOBER 15, 1992 cemmenci~g al the tLmes specLfied below: (1) 7:32 p.m. AppL No. 4130-- D. CANTOR and C. HOCHB~M. ~arianc~ the Zoning Ordinance, Article Ill, Section 100-33 for per- (storage) purposes incidental to the existing single-family residence in an area other than the required re. ar yard. Location of Property 8170 Skunk L~e (a/k/a Bay Avenue), Cutchogue, NY; Coumy Tax Map Parcel No. 1000-104-8-3.1. This parcel is loca~d in an "R-40 Low-Residential" Zone (2) 7:36 p.m. AppL No. 4129 -- ROBERT and RUTH KELLEY. Vad- l~ive, Oreenpon (Southold Fire Dis- 1000-57-01-29. This improved parcel the"R..40' Zone Distda. (3) 7:40 p.m. Appl. ,No. 4131 -- ~l~ GE'~A I~WELL extend he[ght of barn above 18 feet. Location of Proper~y: 14990 O~egon Road. Cutchogue. NY; Counly Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agficulmr- al-Conservation (A-C)' Zone District. (6) 7:55 p.m. Appl. No. 4128 BREWER'S YACHT YARD AT GREENPORT, E¥C. Special Excep- tion under Article X~I, Section I00. 12lB(I) for permission to establish accesso~, food services for i~s marina patrons as an amerdty. Location of Properly: 2530 Manhanset Avenue and the westerly side of Sandy Beach Road, Greenpon, NY: County Tax Map Parcel No. 1000-43-3-2. This 9.5& acr~ parcel is improved and is located in the "Marine-fl" Zone Dis- tdcL The Board of Appeals will at said time and place hear any and all Per- sons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject healing. Each hearing w~ll not start before the times designated above.' For more information, please call 765-1809 or Hsit our office. Dated: September 2~, 1992. BY ORDER OF THE SOU'~OLD TOWN BOARD OF APPEALS GERARD R GOEHR~GER 7503-1TO8 STATE OF ~ YORK) ) SS: COUNTY OF SUFFOLK) CA~:A CD~V,r-.t--/A/ of Mattltuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIME~, 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 I weeks successively, conunenclng the ~'~ day of Sw°m'~-~'fore me ~ ~ day of ~ NO 4528520 PROJECT I'.Do NUMBER 617.21 ~ SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION {To be comeleted by A0olJcant or Proiect sponsor) ~~ . (.A . ~. ~.o~c~ N~e . . PROJE~ LOCATION: 7. AMOUNT OF LAND AFFECTED: ~ E~ y;;OPOBED ACTION COMPLy WITH E~IBTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? WHAT IS PRESENT LAND USE IN VICJNII~y OF PROJECT? J'--I AgncuJtum [::]~"~ a~r-~a r k/FO r es t/DO e. sPaca [~] OIhee' DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANy OTHER GOVERNMENTALAG~ICY(FE~ STATE OR LOCAL)? [] Yes ~ If yes, list agency(s) and permit/apprOvals DO ANy ABPECTO--~'-HE ACTION HAVE A CURRENTLY VALID PERMIT OR APPR RESULT OF PR OSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~e u are 3 st~t~ a. ~Rd yO Coast 1 The ~-Y.S. Environmental Quali~¥ Review Act requires Submission of this for~a, a/id an environmental review will be ma~e by th~ Ooar~ before any action ia taken. project and ~/le likely impacts of t~e action. It is not expected that (b) If a~y question has been answered Yes th~ project may be sig- (c) I£ all questions have been answered NO it is likely that the project is no= Significant. (dj ~nvironmental Asses~men~ _.__Yes _~NO 7. Will project result in a major adverse effect on 8. Will project have a major effect on visual char-- Yes ~No Will project have a m~jor effect on existing or 11. Will project result in major traffic problems or 12. Will project regularl~ cause objectionable odors, Will project have any impac~ on public health __~es ~o 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 listed on the real estate market for - sale or being shown to prospective buyers? { } Yes {~No. (~f Yes, pl~se a~cop~af "cond~" of sa~e.) C. Are there_~n~ p~opo~als tD ~nange~rr alter 1~ conto~? { } Yes {'Q No 1. Are there any areas which contain wetland grasses? ~ 2. Are the wetland area~ shown on the map submitted with this application? ~$ 3. Is the property bulkheaded between the wetlands area and the upland building area? /~o 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~ E. Is there a depression or sloping elevation near the area of proposed coostruction at or below five feet above mean sea level? ~, (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fe~c~ which ewi~t ~/ld are not shown on the survey map that you are submitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~/D. 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. I. Please list present use or opera~ions conducted at this parcel ~//g~/g~ ~-/~;~//~ ~/ /~,~//-~A/~-~- and proposed use ~tnorlzed' ' 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] wETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by_,L.L. No. 6-1985]: -'* 'DAL WSTL NDS: (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, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cord~rass, high bush, cattails, groundseL maxshm~llow and low ~ch cord?~s; ~md/ar (3) All l.~ad immediately ndjacent ~o a tidal wetland as defined in Subsection A(2) and lying within seven- fy-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1)" ,, Fresh~vater ~vetlands as defined in Article 24, Ti- fie 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- nd. as defined an Subsect oa B(1) and lying xvith- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z. 2s. ss 1-4738-00472/0000 i-0 PERMIT Under lhe Environmental Conservation Law (ECL) May 12, 1992 Hay 31, 1994 Article 15. Title 5: Protection of Water Article 15. Title 15: __ Water Supply Article 15. Title 15: __ Water Transport I Article 15. Title 15: Long Island Wells Article 15, Title 27: __ Wild. Scenic and Recreational Rivers 6NYCRR 608: Water Quality Ceddication Article 17, Titles 7, 8: __ SPDES Article 19: Air Pollution Control Article 23, Title 27: Mined Land Reclamation Article 24: Freshwater WeOands Article 25: · Tidal Wetlands Article 27, Title 7; 6NYCRR 360: Solid Waste Management Lr I Other: Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management -- Article 34: Coastal Erosion Management I Article 36: _ Floodplain Management - I Artictes 1, 3, 17, 19, 27, 37: 6NYCRR 380: Radiation Control PERMIT ISSUED TO Chester H. Hochbaum and Debroah S. Cantor TELEPHONE NUMBER 575--0767 8170 Skunk Lane (Bay Ave.), Cutchogue, NY 1i935 CONTACT PERSON FOR PERMITTED WORK Fairweather-Brown Architects & Designers ,Box 52i,Oreenport,NY ]1944 TELEPHONE NUMBER t516~ 477-9752 NAME AND ADDRESS OF PROJECT FACILITY 8170 Skunk Lane LOCATION OF BROJECT'FACILIT't Cutchogue Suffolk Southold Broadwaters Cove E __ N4 DESCRIPTION OP AUTHORIZED &CTfVITY Expand and renovate existing single family dwelling, construct decking and brick patio and remove existing frame shed according to attached NYSDEC approved plans. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (See Reverse Side) and any Special Conditions included as part of this permit. genutv Regional David DeRidder ~.eglo~ ! * JBl, dg. ~0 S ~ N ¥ Page 1 of TRUSTEES John M. Bmdemeyer, Ill. President Albert J. Krupski, Jr., Vice President Henry R Sn'tith John B. Tuthill William G. Albcrtson Telephone (516) 765-!892 /6. Fax (516) ' BOARD OF TOWN TRUSTEES TOWN OF soU"FHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 11'~9 Southold. New York 11971 April 6, 1992 Peconic Associates, One Bootleg Alley P.O. Box 672 Greenport, NY 11944 Inc. RE: Chester Hochbaum SCTM ~!000-104-8-3.1 Dear Mr. Wiggin: The following action was taken by the Board of Town Trustees during their regular meeting held on March 26, 1992 regarding your requesr for a waiver. RESOLVED that the Town Trustees approve the request for a waiver on this Type ii action of Peconic Associates, Inc. on behalf of Chester Hochbaum to add a 880 sq. ft. addition to existing house with the recommendations of the use of hay bales from the shed running east and that the roof runoff is contained with drywelis on the southside. If you have any questions, please do not hesitate to contact this office. Very truly ysurs, John M. Bredemeyer, ili President, Board of Trustees JMB: j mt t TO~ OF $OUTHOLD~ ~V YORK Appeal No. 1989 DATE....~.~.~...~, 1975 ACTION OF THE ZONING BOARD OF APPEALS Dated December 16, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Angelo Petru¢ci Bay Avenue (Skunk Lane) Cutchogue, New York Appellant at a meeting of the Zoning Board of Appeals on January 9, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 1975 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance an(t the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:15 P.M. (E.S.T.) upon application of Angelo Petrucci, Bay Avenue (Skunk Lane), Cutchogue, New York for a variance accordance with the Zoning Ordinance, Article III, Sect'S.on 100-30 (C) end 100-32 for permission to construct private garage in front yard area of the lo~. Location of property: S/S of Bay Avenue (skunk Lane) bounded on the north by Bay Avenue (Skunk Lane); east by other land of applicant; south by Broadwater Cove/0raham! west by other land of applicant. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because · SEE REVERSE practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district beeanse SEE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the d~trict because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS MarJorie McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to construct private garage in front yard area of the lot located on the south side of Bay Avenue (Skunk Lane), Cutchogue, New York. The findings of the Board are that hhe proposed garag~ is located inappropriately in the front yara area. A garage must be located in the rear yard area unless it is attached to a house. T~e Board finds that applicant's plans for a house to be built in the future are not definite. The Board finds that strict application of the Ordinance ~uld not preduoe practical difficulties or unnecessary hardship~ the hardship created is not unique and would be shared by all properties alike in ~he /mmediate vicinity of this property and in the same use district~ and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. THEREFORE IT WAS R~SOLVED, Angelo Petru¢ci, Bay Avenue (Skunk Lane), Cutchogue, New York be DEIFIED permission to construct p~lvate garage in front yard area of the lot located on the south side of Bay Avenue (Skunk Lane), as applied for. Vote of the Boards Ayes=- Messrs~ Gillispie, Bergen, Hulse, Grigonis, Doyen.  SOUTHOLD, L. I., N. Y. APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairman Robert Bergen Charles Grigonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. M I N U T E S 11~71 Telephone 765-2660 SOUTHOLD TOWN BOARD OF APPEALS January 10, 1974 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, January 10, 1974, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gillispie, Jr., Chairman; Robert Bergen; Charles Grigonis, Jr. Also present: Mr. Howard Terry, Building Inspector. Absent: Messrs: Fred Hulse, Jr.; Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 1866 7:30 P.M. (E.D.S.T.), upon application of Eugene and Sally Martens, 161 Rockaway Avenue, Garden City, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 305 - Section 100-35 for permission to erect and maintain stockade fence of excessive height. Location of property: S/S Bay Avenue (Skunk Lane)Cutchogue, bounded north by Bay Avenue (Skunk Lane); east by Town of Southold & Cutchogue/New Suffolk Park District; south by Broadwaters Cove; west by A. Petrucci. /~e paid $15.00. The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Southold Town Board of Appeals -2- January 10, 1974 THE CHAIRMAN: The application is accompanied by a copy of a survey dated January 17, 1972 indicating a stockade fence (6 and 1/2 feet high) on the westerly side of the property and a 4 foot'high fence in the front yard area, running back from Bay Avenue. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? (There was no response.) THE CHAIRMAN: I might explain that the applicant has a non-conforming contractor's business bordering this property. The purposes of this fence is to screen out some of the non-conforming uses that occur. MR. HOWARD TERRY, Building Inspector: He has a permit for a 4 foot fence but wants to carry out the 6 and 1/2 foot fence further toward the front yard. He would like to carry it a distance of 25' to 30' to the front. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to erect and maintain stockade fence (6 and 1/2 feet high) on the south side of Bay Avenue (Skunk Lane), Cutchogue. The Board finds that applicant has a non-conforming contractor's business bordering this property and wishes to screen out some of the non-conforming uses that occur. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or un- necessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance Will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was Southold Town Board of Appeals -3- January 10, 1974 RESOLVED, Eugene and Sally Martens, 161 Rockaway Avenue, Garden City, New York, be GRANTED permission to extend 6 and 1/2 foot stockade fence 25 feet closer to the street, subject to the following condition: That the fence shall be located at least 50 feet back from the street line. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. PUBLIC HEARING: Appeal No. 1865 - 7:45 P.M. (E.D.S.T.), upon application of Donald and Nancy Arcuri, 60 East 4th Street, Patchogue, New York, for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback and rear yard. Location of property: South side Lighthouse Road & Long Island Sound; bounded on the north by Long Island Sound; east by G. & D. Anderson; south by G. & D. Anderson; west by Lighthouse Road. Fee paid $15.00. The Chairman opened the hearing by reading the application fora variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a survey of Young & Young dated November 26, 1973 indicating that Long Island Sound borders on the north of this property, that it is on the east side of Light House Road covering a distance of 254 feet, the top of the bluff line is about two-thirds of the distance back and the full width of the lot. The high ground is handicapped by being triangular in shape. THE CHAIRMAN: Is there speak for this application? MR. DONALD A. ARCURI: to your approval. We have time and we would like anyone present who wishes to We bought the property subject looked for property for a long to be able to use this parcel. © COUNTY OF SUFFOLK I~, ~o~o~o ,,~,-- Real Property Tax Service Agency ~ HD A~C R-80 / / / / R-80 -?A-C BOARD OF APPEALS, TOWN OF SOUTHOI_D In the Matter or the Petition of to the Board of Appeals nf the Town of Southotd TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~ intention of the undersigned to petition the Board ~f Appeals of the Town of Southold to request a V~ririance~(Speciai Exception)(Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: I 3. That the property which is the subject of such Petition~is Io,~:a,t_ed in the following zoning district: 4 That h~, such Petition. the undersigned will request the following relief: 5. That the provisions of the 5outhoid Town Zoning Code applicable to the relief sought by the under- signed are A~ticle '1~ Sec~.on [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the da:e hereof, a written Petition requesting the relief specified above will be flied in the Southold Town Clerk's Office at Main Road, Southold. New York and you may then and there examine the same during reguiar 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, 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: ~/(7/~ L-/' . Petitioner Owners ' Names: Post Office Address Tel. N0. (qt~) [Copy of sketch or plan showing prop~l~m!~...~.%b~,t~Y~ed for convenience purposes. ] ...m~ ~m~v ~;g.~; ~: .,~'~ NA~ PROOF OF MAILIN~ OF NOT CF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK COUNTY OF SUFFOLK) SS.; , bein~ duly sworn, deposes and says that on the ,. day of ~...~.~P'C'. ,1 9 ~ ~----, deponent mailed a ~rue copy of [he Notice set forth on the verse ~ide hereof, directed to each of the above-named persons at the addresses set opposite their respecti~'e . names; that the addresses set opposite thc 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- rice at ; that said Notices were mailed to each of said persons by [certified) (registered) mail. ~ ~'///) ~ Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) issues/revisions. , ~ 0~ UTMOL. t~ project t t e. date. scale;. 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