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HomeMy WebLinkAbout4102 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTrL. 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. 4102: Application for ROBERT AND ELEONORE CAHILL. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct deck addition with an insufficient front yard setback from the easterly property line (along Cedar Lane, a private road). Location of Property: 515 East Gillette Drive, East Marion; County Tax Map District 1000, Section 38, Block 4, Lot 12; also referred to as Lot 69 on the "Map of Marion Manor" filed with the Suffolk County Clerk as Map No. 2038. The subject premises is nonconforming as to lot area in this R-40 Zone District. WHEREAS, a public hearing was held on May 7, 1992, con- cerning the above application (filed on April 27, 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, the Board Members have personally viewed and are familiar with the premises in question, the current R-40 Zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question has frontage along two streets or roads known as Gillette Drive and Cedar Lane in the Hamlet of East Marion, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 38, Block 4, Lot 12; 2. The subject premises contains a total lot area of 11,330+- sq. ft. and is shown on the "Map of Marion Manor" filed in the Suffolk County Clerk's Office as Map No. 2038 as Lot No. 69. This parcel is improved with a split-level frame house having a front yard set back approximately 28 ft. from the front step area, 35 feet from the easterly front property line, 35.5 feet from the southerly side property line, and 34+- feet from the northerly side property line. Page 2 - Appl. No. 4102 Matter of ROBERT & ELEONORE CAHILL Decision Rendered May 18, 1992 3. By this application, a variance is requested to permit a 14 ft. by 30 ft. open deck with a setback at approximately 20 feet (not less than 19.5 feet inclusive of railings and step area). 4. Article III-A, Section 100-30A.3 (and Article XXIV, Section 100-244B) requires minimum front yard setbacks for nonconforming lots at 35 feet. There is automatic relief for nonconforming lots of a size less than 20,000 sq. ft. in this section for side yards with a reduction of 10 feet, however, there was no relief provided for front or rear yards or relief for lots having two front yards. 5. In considering this application, the Board finds: (a) that the relief requested, and as conditionally noted below, will not be adverse to the essential character of the neighborhood; (b) that the relief 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; (c) that the relief granted will not create a substantial increase in dwelling use density, or cause a substantial effect on available governmental facilities; (d) that the amount of relief from the requirements is limited to an open, unroofed deck - which is not unreasonable when considering the size of this parcel; (e) in considering all of the above factors, the interests of justice will be served by granting the variance, conditionally noted below. as Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT relief for a~0 ft. by 14 deck addition, plus step areas, as requested, SUBJECT TO THE FOLLOWING CONDI- TIONS: 1. That the deck remain open and unroofed at all times, as applied; 2. That the setback not be less than 20 ft. to the rear property line; Page 3 - Appl. No. 4102 Matter of ROBERT & ELEONORE CAHILL Decision Rendered May 18, 1992 3. That there be no overhead lighting. Ground lighting will be permitted without glare or disturbance onto other properties. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk * * * ~-~ /~ J ×, GERARD P. GOEHR~NGER, ~IRMAN RECEIVED AND FILED BY T~E SOUTI~i©LD TO'~'N CLLa~ Town Clerk, Town o~ Sou~hold APPEALSIBOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD Ole APPEALS TOWN OF SOUTHOLD SCOT'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 119~1, on THURSDAY, MAY 7, 1992 commencing at the times specified below: 1. 7:34 p.m. .Appl. No. 4102 - ROBERT AND ELEONORE CAHILL. This is an Appeal of the April 22, 1992 Notice of Disapproval by the Building Inspector for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct deck addition with an insufficient front yard setback from the easterly property line (along Cedar Lane, a private road). Location of Property: 515 East Gillette Drive, East Marion; County Tax Map District 1000, Section 38, Block 4, Lot 12; also referred to as Lot 69 on the "Map of Marion Manor" filed with the Suffolk County Clerk as Map No. 2038. The subject premises is nonconforming as to lot area in this R-40 Zone District. Page 2 - Legal Notig Hearings for May 7, ~992 Southold Town Board of Appeals =. 7:37 p.m. Appl. No. 4098 - TON~/ AND M_ARIA KOSTOULAS. This is an Appeal 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 with an insufficent setback from the L.I. Sound bluff line. 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. 3. 7:40 p.m. Appl. No. 4103 - WkRREN AND ELLEN HUFE (FUTURE SCREW MACHINE PRODUCTS, INC.). This is an Appeal for a Variance to the Zoning Ordinance, Article VIII, Section 100-82 (and Article XXIV, Section 100-242A) for permission to construct addition which will increase the degree of nonconformance in the northerly side yard setback. The setback from the northerly property line is less than the required 20 feet. Location of Property: 41155 C.R. 48 (and the westerly side of Kenny's Road), Southold, NY; County Tax Map Parcel No. 1000-59-7-33. This property is nonconforming as to total lot area in this Limited-Business (LB) Zone District. 4. 7:45 p.m. Appl. No. 4100 - THOMAS J. McCAR~{Y (Contract Vendee) {Owners: Frank Majeski and Others}. This is an Appeal for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of insufficient lot area, width and depth of parcels proposed in this four-lot minor subdivision, each Page 3 - Legal NotJ Hearings for May 7, 1992 Southold Town Board of Appeals with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-8. This property is zoned R-40. 5. 7:55 p.m. Appl. No. 4037 - METRO/808 REALTY CORP. (Continued from the April 2, 1992 hearing). Location of Property: Corner of the Northerly Side of Main Road (Route 25) and the Westerly Side of Depot Lane, Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-102-5-26. 6. 8:05 p.m. Appl. No. 4080 - GEORGE AND SUE TSAVARIS. This is an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of location of accessory satellite (antenna) dish structure with a setback at approximately 37 feet from the bluff line. The requirement for all structure under Section 100-239.4 is 100 feet from the Long Island Sound bluff. Location of Property: 2170 The Strand Way, East Marion, NY; Pebble Beach Farms Filed Map No. 6266, Lot lll; County Tax Map Parcel No. 1000-30-2-53. 7. 8:15 p.m. Appl. No. 4091 - EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31 A & B, requesting permission to change use of a portion of the subject premises, from residential to non-residential. Location of Property: North Side of Main Road (State Route 25), at Arshamomoque near Greenport, (abutting properties of Hollister's Page 4 - Legal Not~ Hearings for May 7, 1992 Southold Town Board of Appeals Restaurant, Mill Creek Liquors, The Pottery Place, etc.); County Tax Map Parcel Nos. 1000-56-4-24 & 19. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: April 24, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on 4/27/92: Mr. and Mrs. Robert Cahill, 35 Greenwood Place, Valley Stream, NY 11581 Mr. and Mrs. Tony Kostoulas, 221 - 148th St., Whitestone, NY 11357 Mr. Robert T. Bayley, A.I.A., P.O. Box 595, East Marion 11939 Mr. and Mrs. Warren Hufe, 41155 Route 48, Southold, NY 11971 Mr. Thomas J. McCarthy, Box 1266, Southold, NY 11971 Allen M. Smith, Esq., 737 Roanoke Avenue, Box 1240, Riverhead, NY 11901 (Attorney for Metro) Permit Research & Acquisition Co., Inc., 1108 Route 110, Farmingdale, NY 11735 Mr. and Mrs. George Tsavaris, 2170 The Strand, P.O. Box 345, East Marion 11939 Mr. and Mrs. Edward S. Kondak (as requested ~ oppos.) 2060 The Strand, East Marion 11939 Charles R. Cuddy, Esq., P.O. Box 1547, 180 Old Country Road, Riverhead, NY 11901 (Attorney for LaColla) L.I. Traveler-Watchman, Inc. (fax transmission) Times-Review (fax transmission) Individual Files and Board Members Bulletin Board (in Lobby) Building Department Planning Board FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL . . . .~. /. ~. . ~. . ~. . -.~/~. ~. . .~..~, ~ ~ ~ ~ ...~.~...~.~,.~j,....,..,..~ PLEASE TAKE NOTICE that your application dated ....... .~..~.~: ~ .......... , 19 ~ .~ Ho~ No. s~[~i~ ................ ~i~- - ' co,,ty T,x ~p ~o. ~ooo S~ct~o, .... ~Z ..... B~o~k . .~... Lot ..... ~. ~ .... Subdivision ................. Filed Map No ................. Lot No .................. is returned he. rewith and disapproved on the following grounds...~/eY~. ~T/~..~..~. ~. ./.. ............ ~ ./.,-.~.~: ..... .~~..'....~-..'..'z~....~.~.~ ,~.. ~. ~,~ ................................. ; · Bui ing~spector ' RV 1/80 TOWN OF $OUTHOI~.~I~I ~¢~ APPEAL FROM DECISION OF BUILDING INSPECT _~ Soutkokt ~'own t:mm TO THE ZONING BOARD OF APPEALS, TOWN'OF SOUTI~IOLD, N. Y. ,. (We)~.~T...~L.&~:.~.~.~......G..~.~:~)./ ......... ai..~.L~......:...~.i...l.~.t~.L....b..~:.~ ...................... Name of Appellant Street and Number ........... ~......~'.,..o.~ ............................................................. .~:...~: .......... HEREBY AP~',L TO Municipality State APPEAL NO. Z/'/~ ~ DATE ...~ ................ THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .~.~..~x_~=.+...~.~?..?.~.~.....~.LiLI ............ Name of Applicant for permit o, ' .............. ...................... Street and Number Municipality State ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) LOCATION OF THE PROPERW .~....~..~....~ ..~..., ~.~.. Street / m t /'"Use .D.~..s..~.~..1..c..~-~.O..O.~.~.S.e.c.~!.°.~n-?~..B.1..°~.~..~current Owner Ro~.~T (~ + [[~,(~ ~A~iiJ Map No. ,~ 'LotNo. · Prior 0~ner.~,ck~a~c.+J{afk~l. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Para,qra~h of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 3. TYPE OF APPEAL Appeal is made herewith (or {please check appropriate box) ('~() A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Laws Art. ! 6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has)(~s not)?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 Appea.I No ................................. Dated ............................. t ........................................ REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 (~J~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL ~' .~ ¥ i ued 1. STRICT APPLICATION OF T ~t~Alq~/e wou d produce practical difficulties or unneces- sary HARDSHIP becouse 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because CHARACTER OF~THE D1SiRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) ss COUNTY OF ~U(-- ) Sw. orn to thist..'::.:.~....~;~:~ ........................ Y ..........~ ......... '~ ............................. ROlt[RT L SCOTT, JR. NOTARY PUBLIC, State M N.Y. No. 4725089, Suffolk Com~., Tmn Expires May ~1.19 Z.~ ;,- "~.. -'-/6 , ? /2 TOWN OF SOUTHOLD PROPERTY RECORD CARD STRE~ ,.~/._6' V,LLAGE D,ST. SUB. OWNER ~'~-t'~. ~/~.~r~doh;It ~ ~'r/~ ,~ Fr.,~'~)~,, )FOYER OWNER.. - ~'.',', N v E A~R. ~O p~a* S W WPE OF BUILDING RES. ~/~, 5~S. VL FA~ COMM. CB. MISC. Mkt. Value ARKS ~ND IMP. TOTAL DATE REM AGE BUILDING CONDITION N~ NORMAL BELOTM ABOVE FA~ Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushlend FRONTAGE ON ROAD Ho~se Plot DEPTH BULKH~D ~ ~ ~ DOCK COLOR M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio 0 1B-~'¢w~° · - Total .~oth 'Foundation 3asement /~4J~ Floors Ext. Walls Interior Finish Fire Place Heat Type Roof Recreation Room Dormer Driveway Rooms I st Floor Rooms 2nd FloorI Dinette K. LR. (L o f ,'Vo. ,':-",g) // .'..'., T~fle t4o.76-S-OZ074 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 29, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Robert Cahill 35 Greenwood Place Valley Stream, NY 11581 Re: Appl. No. 4102 - Variance for Deck Dear Mr. Cahill: With reference to the above application, please find attached a copy of the Board's findings and determination rendered at our May 18, 1992 Special Meeting. Please be sure to return to the Building Department before commencing construction activities. We have also this date transmitted a copy of the decision to the Building Department for their permanent records. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning Page 5 Public Hearing Southold ZBA 5/7/92 Appeal # 4102 Applicant(s): Robert and Eleonore Cahill Location of Property: 515 East Giliette Drive, East Marion, NY County Tax Map No.: 1000-38-4-12 The Chairman opened the hearing at 7:40 p.m. and read the Notice of Hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map dated August 11, 1976 indicating a split level frame home, approximately centrally located on the property, which is one hundred and ten by one hundred and three point nine (110 x 103.9). And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Are the Cahill's here. How do you do? So nice of you to come, I understand that speak- ing to the gentleman last Friday, you had to drive all the way out here for this hearing? Is there anything that you would like state for the record. MR. ROBERT CAHILL: Well, this is our first appeal. We just purchased the home. The back door of the deck that we want to build already has the sliding doors. They are already installed. My wife's mother ]ives with us. She is eighty-six (86) years old and we have a slew grandchildren, which none of them come higher than the chair. And we felt that the deck right now, with that door would be a hazard. Anybody could fall out or jump out and we wanted the deck facing that private road which is ali shrub and cornfields. CHAIRMAN GOEHRINGER: Is there any particular reason why you selected fourteen (14) feet in depth as opposed to any other, meaning the width of the deck, I should say. It is a fourteen (14) foot deck. MR. CAHILL: You would have to talk to my architect. CHAIRMAN GOEHRINGER: Okay, we will go to Mrs. Cahill. MRS. ELEONORE CAHILL: It makes it a decent size, you know really. I don't want a stair case, I want a deck. I want to sit out there. CHAIRMAN GOEHRINGER: Is there any intention of having this roofed at any time. MRS. CAHILL: No. CHAIRMAN GOEHRINGER: I don't have any particular reason, for the record I should mention that this particular subdivision, the lots tend to be shallow in the rear yard area, particularly Page 6 Public Hearing Southold ZBA 5/7/92 CHAIRMAN GOEHRINGER (eon't): along the area that Mr. Cahill was mentioning, which is the east side of that particular sub- division. And thereby constructing a house in the center leaves the rear yard area quite insufficient in reference to depth, and that is the nature of the fact that this is the reason why they are here. Because they have an insufficient rear yard. Is there anybody else who would like to speak for the record either pro or con? Seeing no hands, Mr. Villa. MEMBER VILLA: I have a question. There is a fence in the rear of the house, is that on your property line? MRS. CAHILL: Yes, it is on our property. MEMBER VILLA: It is on your property, but is it on the property line, because I paced off from the rear of your house to the fence and it only paces like twenty-four (24) feet. MRS. CAHILL: I know it is showing thirty-five (35) right? MEMBER VILLA: Yes, there is a discrepancy in here someplace. MR. CAHILL: Well, my wife went to Van Tuyl, who did the drawing and he marked it to the property Hne. He says it is thirty-five (35) feet. MRS. CAHILL: I don't know if the fence is on the property line or not really. MR. CAHILL: According to this here picture, this drawing here, it would appear the fence line is inside the property line. MEMBER VILLA: It shows the property, it shows the brick patio being right out to the property line. And that just comes to the fence. And yet from the fence. MR. CAHILL: Well, actually the brick patio, I mean the brick patio is about three (3) foot inside the fence line. There's trees facing the fence. I had nothing to do with the brick patio. MEMBER VILLA: I realize that, but it just doesn't seem to add up. know I was back there and paced it off and everthing and all... CHAIRMAN GOEHRINGER: Well, it looks shallow, there is no question about it. MEMBER VILLA: Well it is only twenty-four (24) feet from the back of the house to the fence. And the survey is showing thirty-four (34) feet. So there is ten (10) feet in question. Where is it? I mean it makes a big difference because you are Page 7 Public Hearing Southold ZBA 5/7/92 MEMBER VILLA (con't): saying the deck is going to be twenty (20) feet off your property Hne. Yet from the way it lays out in the field, it is only going to be ten (10) feet. CHAIRMAN GOEHRINGER: Excuse me just one second. You said you went to VanTuyl and they readdressed this rear yard area? MR. CAHILL: Yes, we had new pictures taken and he .... CHAIRMAN GOEHRINGER: Excuse me Bob, do you have any idea if he went out and actually did another field survey? MR. & MRS. CAHILL: No. CHAIRMAN GOEHRINGER: He did not. Okay. MRS. CAHILL: While I was there, I asked him to please tell me how many footage do I have from the rear of the house to my property line. MEMBER VILLA: See, actually I paced off the house. And your house is quite deep, from the overhang to the house. And I paced it off at Hke forty-five (45) feet. And it shows a thirty (30) foot setback. So that is seventy-five (75) feet, which only leaves you twenty-five or twenty-six (25 or 26) feet for a back yard. And they are showing thirty-five (35) feet, so there is ten (10) feet in question here. You know, it is a question whether your deck is going to be ten (10) feet off the property line or twenty (20). CHAIRMAN GOEHRINGER: Can we ask you a favor. Is there a possibility that you could ask Mr. VanTuyl to just go out and readdress this. We don't want to hold you up. As soon as he can do it and as soon as we can get this done. The point in question is if we are dealing with ten (10) feet less, we are dealing with ten (10) feet less and we will address that issue, but at least we will know exactly what the amount is. Or do you want to physically measure it. MEMBER DINIZIO: I can go out and measure it. I got the tape measure. Stop by there Sunday. MEMBER VILLA: Well the numbers add up, if you look at thirty (30) foot, forty-~five (45), seventy-five (75). CHAIRMAN GOEHRINGER: Is that a possibility, do you think you can do that for us. This way we can know exactly where the property line is. MRS. CAHILL: I guess I can do it tomorrow. I am here. MR. CAHILL: We are only here today and tomorrow. Page 8 Public Hearing Southold ZBA 5/7/92 CHAIRMAN GOEHRINGER: Oh, he will do it, he will just contact you. He can send it to us, or he can call us. It is the best way to deai with it, if we don't know exactly. It appears that it is on the other side of the fence. I mean, you want as much property as you can get back there conceivably, because you want a fourteen (14) foot deck, so it would be to everybody's benefit to have the surveyor do it, I think. If that is airight with you. Just have Mr. VanTuyl call us and tell us exactly what is in the rear yard and what is left after the fourteen (14) foot deck is superimposed on print. That is all. We will make a decision as soon as we get the information we get from him. So we know we have the most exact situation. SECRETARY KOWALSKI: In the next two (2) weeks probably, is our next meeting. CHAIRMAN GOEHRINGER: Is that alright with yeu? MEMBER VILLA: I am sorry, but I just put the numbers together and it just didn't add up. MRS. CAHILL: I can see where it wrong added because when I was in the office .... MR. CAHILL: Did you put tape on the back. MRS. CAHILL: From the house to the fence you put a tape. MEMBER VILLA: Yea, and it is like twenty-four (24) feet and you got fourteen (14) feet for the deck and then you show another twenty (20) feet, so that is thirty-four (34) feet. And there is not thirty-four (34) feet back there, unless you go ten (10) feet over the fence. That is why I want to know where the property line is. MRS. CAHILL: That is why I asked him to do it. And he said thirty-five (35) and I thought well I guess I go over the fence. MEMBER VILLA: Well, that I would like to know. MRS. CAHILL: Okay. MR. ~CAHILL: I would like to know, who that debris on your side of the fence belongs to. CHAIRMAN GOEHRINGER: We do thank you for coming out. And just have Mr. VanTuyl call us. MRS. CAHILL: I will call him tomorrow and he can call right here. CHAIRMAN GOEHRINGER: Yes, he will cail Linda, he knows Linda Page 9 Public Hearing Southold ZBA 5/7/92 CHAIRMAN GOEHRINGER: very well. Linda Kowalski. MRS. CAHILL: Okay, you are Linda. Thank you. CHAIRMAN GOEHRINGER: Hearing no further comments, I make a motion closing the hearing, pending the receipt of the actual square footage based upon the surveyor's determination. I need a second, Charlie is not here tonight. MEMBER DOYEN: Second. All in favor - AYE. End of hearing. -- ' Lorraine A. Miller (Transcribed by tapes recorded 5/7/92.) Z ¥ ¸ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J, GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING June 4, 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) ~c08 Realty Corp./Metro Cahill, Robert & Eleonore 4037 4102 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursu~nt to ~rticle XIV of the Suffolk County Adn~strative Code, ~ne Board of Appeals of the Town of Soutb~ld, New York, herek~ refers the following to the Suffolk County Plar~g Cum~[ssion: XX Variance from the Zoning Code, Article III-A , Section 100-30A.3 __ Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __. Special Permit Appeal No: 4102 Applicant: Robert And Eleonore Cahill [0cati0n of Affected Land: 515 East Gillette Drive, EAst Maion, NY Count3 Tax Map Item No.: ]000-38-4-12 Within 500 feet of: ~' Town or Village Boundary Line xx 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 Propose~ County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.to construct deck addition wid~ insufficient front'yard setback from the easterly property ~ne (along Cedar ~.~ne, a private road. Copies of Town file and related documents enclosed for your review. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Ja~aes Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD · $.E.Q.R.A. TYPE II ACTION DECLARATION May 7, ScoTrL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1992 Appeal No. 4102 Project/Applicants: Robert & Eleonore Cahill County Tax Map No. 1000- 38-4-12 Location of Project: 515 East Gillett Dr., East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Deck addition with insufficient front yard setback 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: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4102, Robert M. & Eleanore Cahill DATED: APRIL 27. 1992 Transmitted is application for variance submitted by ROBERT M. & ELEANORE CAHILL. together with Notice to Adjacent Property Owner. Southold Town Building Department Notice of Disapproval. ZBA Questionnaire for filing with ZBA application. State Environmental Quality Review Short Environmental Assessment Form. Map of property showing proposed deck. two sketches of proposal by Walter Gaipa Landscaping. Inc. CAHILL RESIDENCE East Gillette Dr, t_--art ~arion~ NY April 22j ~992 S/~rx6 cedar 2x8 CCA stringers 16" o, c, decking ~-x6 CCA g~r-der' CCA post 3' mir below grade house i steps ppoposed new deck EXISTING SLIDING DOOR steps 38' CAHTLL IRESTDENCE East GiLlette DP, East Manion, NY AppL~ 22, 1992 Walter Gaipa Landscaping, Inc. The Art of Landscaping P.O. Box 247 East Marion, New York 11939 (516) 477-1010 992 Mr. and Mrs. Robert Cahill 35 Greenwood Place Valley Stream, NY 11581 COUNTYOF SUFF, S'I'A'I'I~ OF NEW ",'ORK 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, MAY 7, 1992 commencing at the times specified below: 1.7:34 p.m. AppL No. 4102-- ROBERT AND ELEONORE CAHILL. This is an Appeal of the April 22, 1992 Notice of Dis- approval by the Building Inspec- tor for a Variance to the Zonin~ Ordinance, Article III-A, Se~:- tion 100-30A.3 for permission to construct deck addition with an insufficient front yard setback from the easterly property line (along Cedar Lane, a private road). Location of Property: 515 East Gillette Drive, East Marion; County Tax Map Dis- trict 1000, Section 38, Block 4, Lot 12; also referred to as Lot 69 on the "Map of Marion Manor" filed with the Suffolk County Clerk as Map No. 2038. The subject premises is noncon- forming as to lot area in this R-40 Zone District, 2. 7:37 p.m. AppL No. 4098-- TONY AND MARIA KOS- TOULAS. This is an Appeal for~ a Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239.4 for approval of deck 6x~'~uiiGn (at' or near:'ground level) and fence with an insuffi- cient setback from the L.L Sound bluff line. Location of Property: 1035 Aquaview Ave- nue, East Marion, NY; County 'Pax Map Parcel No. 1000-21-2- 13. This property is noncon- forming as to total lot area in this R-40 Zone District. 3. 7:40 p.m. Appl. No. 4103- WARREN AND ELLEN HUFE (FUTURE SCREW MACHINE PRODUCTS, INC.). This is an Appeal for a Variance to the Zoning Ordi- nance, Article Vlll, Section! 100-82 (and Article XXIV, Sec- tion 100-242A) for permission to construct addition which will in- crease the degree of nonconfor- mance in the northerly side yard setback· The setback from the northerly property line is less than the required 20 feet. Loca- tion of Property: 41155 C.R. 48 (and the westerly side of Kenny's Road), Southold, NY; County Tax Map Parcel No. 1000-59-7- 33. This property is noncon- forming as to total lot area in this Limited-Business (LB) Zone District. 4. 7:45 p.m. Appl. No, 4100- THOMAS J. McCARTHY (Contract Vendee) (Owners: Frank Majeski and Others)4r This is an Appeal for a Variance to the Zoning Ordinance, Arti- cle IliA, Section I00-30A.3 for approval of insufficient lot area, width and depth of parcels pro- posed in this four-lot minor sub- division, each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; Coun- ty Tax Map Parcel No. 1000-117- 7-8. This property is zoned 5. 7:55 p.m. Appl. No. 4037-- METRO/808 REALTY CORP. (Continued from the April 2, 1992 hearing). Location of Pro- perty: Corner of the Northerly Side of Main Road (Route 25) and the Westerly Side of Depot Lane, Cutchogue, Town Southold; County Tax Map Parr cel No. 1000-102-5-26. 6. 8:05 p.m. AnOI. No. 4080-- GEORGE AND SUE TSA- VARIS. This is an Appeal for a Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239.4 for approval of loca- tion of accessory satellite (an- tenna) dish structure with a set- back at approximately 37 feet from the bluff line. The require- ment for all structure under Sec- tion 100-239.4 is 100 feet from the Long Island Sound bluff. Location of Property: 2170 The Strand Way, East Marion, NY; Pebble Beach Farms Filed Map No. 6266, Lot 111; County Tax Pnlricia Wood,' being duly sworn, says tl~at she is Editor, oFTHE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County', and Ih,at the notice of which the annexed is a printed copy, has hcen jml)lishc( in said I.ong Island Traveler-W:llchman (mcr each week for · ........ ~... weeks successively, commencing on tl~e .......... ~ ....... ~wor'n [o heforc me [his .. .................... (Ill}, of April 19 92 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St:qe el New York No. 480G846 Qualilietl in Suffolk Cognty/ Comnlission Expires EUGENE M. LACOLLA. Vari- ance to the Zoning Ordinance, Article I11, Section 100-31 A & B, requesting permission to change use of a portion of the subject premises, from residen- tial to non-residential. Location of Property: North Side of Main Road (State Route 25), at Atsha- momoque near Greenport, (abutting properties of Hollis- let's Restaurant, Mill Creek l~i- quors, The Pottery Place, etc.); County"/~x Map Parcel Nos. 1000-56-4.24 & 19. The Board of Atmeals will at Map Parcel NO. 10Ood30-2-$~-'-""' ~ "~' said timeand place hear any and 7. 8:15 p.m. Appl. No. 4091-- all persons or representatives de- siring to be heard in the above/ matters. Written comments may also be submitted prior to the conclusion of the subject hear- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: April 24, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX, 4/30/92 (8) NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matte~ will be h~ld for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road. Sonthold, New York 11971, on THURSDAY, MAY 7, 1992 commencing at the times specified below: I. 7:3d p.m. Appl. No. 4102 -- ROBERT AND ELEONORE UAHILL This is an Appeal of the April 22, 1992 Nc~ice of Disapproval by the B uildin8 Inspector for a Varl - anco to the Zoning Ordinance, Article III-A, Section 100-30A.3 for pennis- sion to constract deck addition wi th~ an insufficient front yard sethac'~ from the easterly prepcrty linc (along Cedar Lane, a ptivatc road). Location uf Property: 515 East Gillette Dtive, East Marion; County Tax Map Dis- trict I000, Section 38, Block 4, Lot 12; also referred to as Lot 69 on the "Map of Marion Manor" filed with thc Suffolk County Clerk sa Map No. 2038. Thc subject premises is non- ccuformin8 as to lot s~a in this R-40 Zone District Z ?:37 p.m. AppL No. 4098 -- TONY AND MARIA KOS- TOULAS. This is an Appeal for a Variance to the Zoning Ordinance, Ar~.icle XXI~. Section 100-239.4 for approval of deck extension (et or near ground level) and fence with an th- sufficient setback from the L.~ Sound bluff l~ne. Locatica of Prop- crt},: 1035 Aqueview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is noncoufom~ng as to total let area in this R-40 Zone Distdc~ 3. 7:40 p.m. Appl. No, 4103 -- WARREN AND ELLEN HUFE (FUTURE SCREW MACHINE PRODUCTS, INC.). This is an Ap- peal for a Variance to the Zoning Or- d/nance, Article VIN, Section 100-82 (and Article XXIV, Section I00- 242A) for permission to Construct addition wh/ch will increase the de- gr~e of nonconformance in thc lot ar~a in this Litnited-Business (LB) Zone Distric~ THOMAS L McCARTHy (Contract Vendee) {Owners: Frank Majeski and Others}. This is an Appeal for n ?r.e.e.t. and 305 King Sleet, New =utw~, NY; County Tan Map Parcel zcned R-40. 5. 7:55 p.m. Appl. No. 4037 -- METR(~ REALTY CORP. (C. emin~n~m the April 2, 1992 hearing). Location of Property: Cor- ner of the Northerly Side of Main Road (Route 25) and the Westerly Side of Depot Lane, Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-102-5-26. 6. 8:05 p.m. Appl. No. 4080 -- GEORGE AND SUE TSAVARIS. This is au Appeal for a Variance to the Zoning Ordinm~ce, Article XXIH. Section 100-239.4 for approval of lo- catilm of accessory satellite (antenna) dish structure with a setback at ap- proximately 37 feet from the bluff CHAIRMAN ?~37~ -ITA30 STATE OF NE~ORK) ) SS: COUNTY OF sUFFOLK) ~ ~/Or~. ~9~[~- ~{ ~ of Mattituek, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituek, 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 ! weeks su~ceessively, commencing on the ~'~+~day of__/2q~C'' / 19~ Principal Clerk Sworn to before me this l day.~of /~£y/~ 19 ~-~ ~o. ~28520 ' A~PPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDteted by ADpticant or Pro~ect sI3onsor) I 1 . A~PfJGANT/SPONSOR SEQR 3. PROJECT LOCATION: 4. PRECISE LOCATION (Strut aaeress an~ roa~ interactions, gromment la~ar~ etc.. or O~viOe maO} E, 15 PROPOSED ACTION: [] New [] ExDanstofl [] Mo<~lflcatl0nlalt etafion 6. DESCRIBE PROJECT BRIEFLY: s.w.A~ ~RESEN~ ~N0 USE ~N WC~.~ O~ ~oa~ . ~dentlal ~ Industrial ~ Commercial ~ Agriculture ~ Par~Fores~O~en s0ace ~ CI,er STATE OR LOCA~ r 11. DOES ANY ASPkSPF~* CF THE ACT!.;N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? If the action is in the Coastal Area, and you are a state agency, complete tJ~e Coastal Assessment Form before proceeding with this assessment OVER .(Conl;~nued on ~'evel-se side) LL~he--N'Y'S' Environmental Quality Review Act re uires of un~s ~orm, and an environmental review w' ' q submission ~HORT ENVIRONMENTAL ASSESSMENT FO~M I~NSTRUCTIONS: (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 an existing body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? ~Yes /'No 6. Will project affect any threatened or endangered plant Or animal species? 7. Will project result in a major adverse effect on" air quality? · Yes ../WiNo 8. Will project have a major effect on visual char- known to be important to the community? -- Yes 9. Will project adversely impact any Site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? .~Yes /No 10. Will project have a m~jor effect on existing or future recreational opportunities? ___Yes / No ll. Will project result in major traffic problems or cause a major effect to existing transportation .' ' systems? ' _~Yes ,/~O 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result Of the project,s operation? ~Yes o 13. Will project have any impact on public health or safety? .__Yes ~No 14. Will project affect the existing co,unity' by directly Causing a growth in permanent popula- tion of more than 5 percent Over a one-year ..__Yes /No period or have a major negative effuct on the oharact~ of the community or neighborhood? ZR~Pre=enting: / A g/q5 _ Date: 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 ~or s~e or being shown to prospective buyers? { } Yes { } No. (If Yas, pl~ a~h c~t~i~ n~ "condd~ns" of s~_le.) Ce Are the~ =ny/~roposals to=hangeoi alter 1Hnd con=otu, u? } Yes ~} No 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 bulkheaded between the wetlands area and the upland building area? 4. If your property contains w~ or pond areas, have . you contacted the Office of the Town Trustees for its determination of jurisdiction? -~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? / (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~as which e~t ~nd are not shown on the survey mad that you a~a submitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. * me parcel Please list present use or operations conducted at this and proposed use ~u~aorized Signature and Dace 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southotd. [Added 6-5-84 by L.L..No. 6-1984] W'E77_,.~NI)S [Amended 8-26-76 by L.L. No. 2-1976; 3-25- 85 by L T. N~. ~-1985]: -" ...... . -Er '-I'DAL WETLANDS: (1) All lands generally covered or intermittently' cov- ered with. or which border on. tidal waters, or lands lying beneS, th tidal waters, which at; mean iow 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, flats or other low lying lands subject tn tidal action; (2) All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~, salt hay. black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, ground~eL ma. rsbmnllow and '"~ ~ " ah c~ rdgx~s.~ an,l/ar (3) All land immediately ndjacent to;a tidal wetland as defined in Subsection A(2I and lying ;vithin seven- ty-five (75) feet landward of the most land;yard edge of such;a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 24-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land imraediately adjacent to a "freshwater wet- la " ' nd. as defined in Subsection B(1) and lying ~vith- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 970~ ~-80 HD Ftc4o R-80 R-40' R-80 fi) Date Documents Accepted for Filing: Apl. Fee Required: $ Appl. No. ADDlication Incomplete for the Following Reasons: Application Form Not Signed or Notarized Notice of Disapproval not attached or in error-- Notice to Adjacent Property Owners Form or Certified Mail Receipts not attached One original survey is necessary Extra copies of survey map necessary Copy of Deed of Current Owner Necessary Environmental Assessment Short Form Signed ZBA Questionnaire If Applicant is a corporation, need Disclosure Affidavit Date OK Other information is awaited: Site Plan Layout or other drawings Copy of Contract if Purchaser is applying Single & separate search Finalization of SEQRA by PB, TR, etc. Other Review by ZBA, i.e. · ow~ ¢~ ~ 3 2 ? 2~ TOWN OF SOUTHOLD Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 Date ~/~-- ~ 199 ~__ Cash: Check ~ ~ ~ By ~1 ~~ II BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the~rown of Southold TO: : ~ NOTICE : TO : ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: T. That it is the intention of the undersigned to p~'titlo~ the Board of Appeals of the Town of Southold to request a ~ce~'~Special Exception) (Special Permit) (Other) [circle choice] ). 2. Thai the property whic;h is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~2._- ~ ~_..~(f ~t."~ ~'.~4~-' ~'.~ ~ ~.~.~. ~ 3. That t~p_,ro~ which is the subject of such Petition is located in the following zoning district: 4 That h'~ such Pelition, the undersigned willrequest the followingrelief:~ ,/k~~ 5. That the provisions of the_gouthold Town Zoning Code applicable to the relief sought by the under- signed are Article -7~ /~ Sect/on /~- ~, ~ [ ] Section 280-A, New York Town Law for approval of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5].6) 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. Petitioner / Post,.,D.~2office' ,'4~'x-/Addres~//.-. -..r/..ff' ~,x.~,,././~/~ Tel. No. (~-/&) ~77-/~/~' / [Copy of sketch purposes.] or plan showing proposal to be atk~c~:cfO~;'convenience NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 830~3 762 Certified IJlail Receipt Insurance Coverage Provided Do not use for International Mail P 830 533 761 .~[_.~o, Lertified Mail Receipt - ~--' No~Lqsurance Coverage Provided ~ Do not use for International Mail ........... (See Reverse) Street & NO. RO ,SIate & ZIP Code Certified Fee Special Deliven? Fee Restrmted Delivery Fee Return Receipt Showing Io Whom & Date Delivered Return Re o Whom, STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: .4/~ 5/ // ¢'.~? , being duly sworn, depose~/and says that on the ~L_.:5 day of '/~pp/// , 19 ,~"~., deponent mailed a true copy of the Notice set forth on the re- verse side'hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- (certified} (registered} mail. .Sworn tq before r~e this Notary Public ; that said Notices were mailed to each of said persons by ~um~L~-=W ,~ (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD MEMBERS o f SOS Southold Town Hall Leslie Kanes Weisman,Chairperson �0�� ry�l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes u, Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento OIi�cou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 January 14, 2019 Patricia C. Moore Attorney at Law 51020 Main Road Southold,NY 11971 RE: Appeal No. 4102, dated May 8, 1992 Premises: 515 East Gillette Drive, East Marion SCTM No. 1000-38-4-12 Dear Mrs. Moore: We are in receipt of your letter dated December 13, 2018 and a copy of an undated,unstamped sketch plan of your client's existing deck and a proposed balcony. In your letter, you requested a de minimus determination to allow your client to construct a 5 ft. by 8 ft. cantilevered balcony on the second floor bedroom which would cover a small portion of the 420 sq. ft. deck below. The subject deck received Zoning Board relief in 1992, subject to the condition of approval that"the deck remain open and unroofed at all times, as applied". The Board of Appeals discussed your request at the Regular Meeting on January 3, 2019 and determined that your request is not de minimus in nature; and further, in order to amend or remove the condition imposed in prior decision cited above, a Notice of Disapproval from the Building Department and a public hearing before the Zoning Board of Appeals are required. If you have any further questions, please contact our office. Very urs, - - - - -- am -- - - - - - - - - - - ---- - anes W isman Chairperson Lf ( 0-a RECEIVED PATRICIA C. MOORE e� Attorney at Law DEC IS 2018 51020 Main Road ZONING BOAR®®FAPPEALS Southold,New York 11971 Tel-(631)765-4330 Fax:(631)765-4643 December 13, 2018 Leslie Weisman Town of Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Re: Appeal #4102 May 18, 1982 515 East Gillette Drive, East Marion, NY SCTM#1000-38-4-12 Dear Chairperson Weisman and Members of the Board: We request a deminlmus determination. My clients Jhanna Krentsel and Rudy Shtainhorn are the owners of the above referenced property. They have a building permit for renovations to the existing house. My client wishes to add a 5' cantilevered balcony on the second floor bedroom to enjoy the views of the Lavender Farm. The enclosed Zoning Board approval for the existing deck states "the deck remain open and unroofed at all times, as applied". The ZBA approved deck is 14' in depth by 30' in length, the proposed 5' x 8' balcony would cover a small portion of the 420 sq.ft. deck. I asked the contractor to provide a drawing of the proposed balcony to help clarify the request. As you can see from the drawing, the existing roof overhangs by 14 inches G 1/6 foot) therefore the proposed balcony will cover an area of less than 4' x 8' (32 sq.ft.). We hope that you will find this balcony to be a deminimus request and complies with the intent of the ZBA condition. Thank you in advance for your review and consideration. Very truly yours, cia C. Moore cc: Jhanna Krentsel and Rudy Shtainhorn E,l Loa e-- Prop©Seo 3 6 (3wtc�e-y cam;l fix: ��rtis �Lc-I� C6z[o�v 1 ,r Crc�l s c �`