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HomeMy WebLinkAbout4024 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DinizJo, 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 ACTION OF THE BOARD OF APPEALS Appl. No. 4024: Matter of RONALD STRITZLER, M.D. Variance to the Zoning Ordinance, Article III, Section 100-33 (100-30A.4) for permission to locate accessory tennis court structure in an area other than the required rear yard on this 4.9+- acre parcel. Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map District 1000, Section 94, Block 1, Lot 14. Zone District: R-80. WHEREAS, public hearings were held on June 7, 1991 and on July 12, 1991, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. 5~ne premises in question is located in the R-80 Zone District at Mattituck, with 339 ft. frontage along the north side of Sound View Avenue, Mattituck and frontage along the Long Island Sound. 2. The subject premises consists of a total area of approximately 4.90 areas and is improved with a one-story frame house and accessory frame building situated near the front of the house. For the record, it is noted that town records show that in 1967 a 1.1+- acre parcel was conveyed to Rodney W. King. The premises as exists today of 4.9+- acres is recognized as one lot in common ownership under the zoning provisions (and is not recognized as two lots as depicted on the survey submitted with this application). Page 2 - Appl. No. 4024 Decision Rendered July. 12, 199~ Matter of RONALD STRITZLER 3. Proposed by this application is the location of a 60' by 120' tennis court enclosed with a fence at a height of eight (8') feet, all to be situated not closer than 60 feet from the front property line along Sound View Avenue and not closer than 25 feet to the westerly side property line. 4. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related to the land and are not personal in nature; (b) the relief is not substantial and is the minimal necessary under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood since it is not uncommon to locate accessory uses of this nature in areas other than the waterfront yard areas (which is technically the rear yard area); (d) the relief requested is not unreasonable; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT permission in the Matter of the Application of RONALD STRITZLER, M.D. as applied under Appeal No. 4024 for the placement of an accessory tennis court structure in the front yard area as noted in paragraph 3, supra, and subject to the following restrictions: 1. That there be no lighting (as applied); 2. That the existing screening (foliated areas) remain near the tennis court, to include replanting where necessary after the tennis court is built. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, D~,~c,~=~-~ ...... ~ ~Till~. ~hi~ resolution was duly adopted. RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.F. RK DATE..~ ~. ;' .~ HOUB ? ~%' ' ' Town Clerk, Town of Southo!d GERARD P. GOEHRINGE~ 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 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 gt the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, JULY 12, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4033 - RANDI LACALAMITA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for approval of carport in the front yard area with reduced setbacks from the front and side property lines. Location of Property: 1395 Henry's Lane, Peconic, NY; County Tax Map No. 1000-74-01-10. 7:35 p.m. Appl. No. 4028 - RICHARD OLIVERI. Request for variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear yard and side yard setbacks. Zone District: R-80. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY; County Tax Map No. 1000-006-06-20.5, containing 2+ acres. Page 2 - Legal Not Regular Meeting of July 12, 1991 Southold Town Board of Appeals 7:45 p.m. Appl. No. 4036 ELLEN BRAUNSTEIN. Request for variance to the Zoning Ordinance, Article IIIA, Section 100-30.A3 to construct addition to dwelling with a reduced rear yard setback on this corner lot. Lot area is nonconforming in this R-40 Zone District. 'Location of Property: Corner of Wendy Drive and Peconic Bay Boulevard, Laurel, NY; County Tax Map No. 1000-128-5-7. Also referred to as Lot "A" on the Map of Rollingwo0d Estates. 7:50 p.m. Appl. No. 4032 - MARY AND PETER BLANK. Appeal: (a) under Article II, Section 100-23, Article III, Section 100-32 and Bulk Schedule, Column "v," requesting approvals of the reduced lot area and depth of Parcels 1 and 2, which nonconformities remain in private ownership following appropriation of the'total balance of land after acquisition by the N.Y.S. Department of Environmental Conservation, and requesting approval of the proposed building area for placement of principal dwelling structure with related accessory building(s), having insufficient setbacks in the front yard, rear yard and lot coverage in excess of the five (5%) percent limit, and (b) under New York Town Law, Section 280-a, interpreting non-jurisdiction or otherwise determining access approval. Location of Property: Along Peter's Neck Road, extending approximately 2900 feet south of King Street, Hamlet of Orient, Town of Southold, NY; County Tax Map Parcel Nos. 1000-32-1-part of 2 and 4; also Lot 3 (ROW). · Page 3 - Legal Not~ Regular Meeting of July 12, 1991 Southold Town Board of Appeals 8:00 p.m. Appl. No. 4034 - ANTHONY AND MARIA MERCORELLA. Request for variance to the Zoning Ordinance, Article III, Section 100-33 for permission to amend previous variance application and decision rendered July 11, 1990 under Appl. No. 3944 in order to locate two-car garage building, with partial enlargement for a second floor with windows, and other structural modifications as shown on a new construction plan (includinq plumDing facilities for a half bath), in an area other than ~he required rear yard. Location of Property: 2~60 Peconic Bay Boulevard, Laurel, NY; also known as Lot 19 on the Map of Edgemere Park; County Tax Map No. 1000-145-4-4. 8:05 p.m. Appl. No. 4035 - MR. AND MRS. EUGENE CROASDALE. Request for a variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 to permit addition to dwelling with insufficient front and side yard setbacks. Premises is nonconforming as to lot area and width; the subject dwelling as exists is nonconforming as to the front and total side yard setbacks in this R-40 Zone District. Location of Property: 595 North Parish Drive, Southold, NY; County Tax Map No. 1000-71-1-6, containing 28,250 sq. ft. in total area. 100-33 for permission to locate accessory tennis court Structure in an area other than the required rear yard on this 4.9+- acre Page 4 - Legal Not Regular Meeting of July 12, 1991 Southold Town Board of Appeals parcel. Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. (Recessed from June 7, 1991) 8:15 p.m. Appl. No. 4036'- JO~N AND RICF~%RD ZEISLER. Request for variance to the Zoning, Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory two-car garage structur~ in an area other than the 700 Jacksonls Landing Road, Mattituck, NY; nonconforming in this R-40 Zone District; required rear yard at Lot area is Map of Jackson's Landing, Lot #7, filed in the Suffolk County Clerk's Office as Map #5280; also identified as County Tax Map #1000-113-4-9. 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: June 24, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 6/24/91 L.I. Traveler-Watchman For Publication age 4 - Legal Notic~~ Regular Meeting of July 12, 1991 Southold Town Board of Appeals parcel. Location of Property: 3055 Soundview Avenue, ~ Mattituck, NY; County Tax Map No~ 1000-94-1-14. (Recess fro June 7, 1991) 8:15 p.m. Appl. No. 4036 - JOHN AND RICHARD ZEISLER. Request for variance to the Zoning, Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory two-car garage structur~ in an area other than the required rear yard at 700 Jackson's Landing Road, Mattituck, NY; Lot area is nonconforming in this R-40 Zone District; Map of Jackson's Landing, Lot ~7, filed in the Suffolk County Clerk's Office as Map ~5280; also identified as County Tax Map ~1000-113-4-9. 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 For more information, start before the times designated above. please call 765-1809. Dated: June 24, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 6/24/91 L.I. Traveler-Watchman For Publication APPEALS BOARD MEMBERS Gerard P. Goebxinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio~ Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY 11971, on FRIDAY, JUNE 7, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4028 - RICHARD OLIVERI. Request for variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear and side yard setbacks. Zone District: R-80. Location of Property: Westerly Side of Crescent Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.5. 7:35 p.m. Appl. No. 4026 - JAMES AND PATRICIA BOYLE. Request for variance to the Zoning Ordinance, Article XXIV, Section 100-242A for permission to enlarge existing nonconforming accessory building, located partly in the side yard and front yard areas on this corner lot. Zone District: Agricultural Conservation (A-C). Location of Property: 10205 North Bayview Road and the Easterly Side of a Private Road, Southold, NY; County Tax Map No. 1000-79-5-20.5. Page 2 - Legal Notiw Hearing for June 7,~991 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4025 - ESTATE OF JENNIS HARRIS by Robert Taylor. Request for a variance to the Zoning Ordinance, Article XIV, Section 100-142, 100-141, 100-241A, for permission to enlarge existing nonconforming dwelling in this Light Industrial (LI) Zone District with a proposed addition having insufficient side and front yard setbacks. Location of Property: 21755 County Road 48, Cutchogue, NY; County Tax Map No. 1000- 96-1-18.1. 7:45 p.m. Appl. No. 4027 - HALSEY A. STAPLES. Request for variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) for permission to construct new principal dwelling structure upon premises which is nonconforming and has not been held in single and separate ownership as exists since April 9, 1957. Lot is nonconforming, having a total lot area of 33,668 sq. ft. and 25 ft. frontage (width) along Middleton Road in the Hamlet of Greenport, Town of Southold, NY; County Tax Map No. 1000-41-2-12.1. Ii:50 p.m. appl. No. 4024 - RONALD STRITZLER, M.D. Request for~ ariance to the Zoning Ordinance, Article III, Section 100-33 / / or permission to locate accessory tennis court structure in an~ rea other than the required rear yard. Zone District: R-80. \ _ ocation of Property. 3055 Soundview Avenue, Mattituck, NY; ounty Tax Map No. 1000-94-1-14. Page 3 - Legal Noti~ Hearing for June 7, 1991 Southold Town Board of Appeals 7:55 p.m. Appl. No. 4029 - CHARLES AND ANGELA KYRIAKOUDES. Request for variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to locate portion of inground pool with fence enclosure and portion of decking which will be located within 75 feet from the existing bulkhead, and with a distance shown at 75 feet from the rip-rap which is between the bulkhead and the mean highwater mark of Southold Bay. Or, an Interpretation as to which structural point the 75 ft. setback requirement shall be from (particularly where more than one structure exists.) Zone District: R-40. Location of Property: 1425 Kimberly Lane, Southold, NY; County Tax Map No. 1000-70-13-20.9. 8:00 p.m. Appl. Nos. 4011V and 4010SE - Requests by JOSEPH AND LINDA FISCHETTI concerning property known as 235 Oaklawn Avenue, Southold, NY; County Tax Map No. 1000-61-3-3 for: (1) a Special Exception to the Zoning Ordinance as authorized by by the Board of Appeals under Article VII, Section 100-71, and, (2) if necessary, a variance to establish professional and business office use on this 11,656 sq. ft. nonconforming parcel. Zone District: Residential-Office (RO). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not Page 4 - Legal Noti~ Hearing for June 7, 1991 Southold Town Board of Appeals start before the times designated above. please call 765-1809. For more information, Dated: May 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 5/14/91 L.I. Traveler-Watchman For Publication Town Clerk Bulletin Board (lobby) ZBA Board Members and Files FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL APR I 0, , Ronald Stritzler To oo 51 Stirrup Lane Roslyn Heights, R.Y. 11577 PLEASE TAKE NOTICE that your application dated September 26, ., 19. ~?. for permit to ....... CORSTRUCT Alq ACCESSORY TEI~IlS COURT 3055 SOUNUVIEW A~H-dE HATTITUC[, N.Y. Location of Property ....................... h~6~ Ho: ~}~i ..................... ' ...... ~ Hamer County Tax Map No 1000 Section 94 Block i Eot Subdivision ................. Filed Map No ................. Lot No .............. is returned herewith and disapproved on the follow~g grounds ....~. [~..~. ~..C~.. ~. ~[..~'~'1.~... 100-33 ACCESSORY BUILDINGS 0~ @fldl~R ACCESSORY USES SHALL BE LOCATED IN REQUIRED ~ YARU. Acno. EY ' /uil~ng Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORK RECEIVED APPEAL FROM DECISION OF BUILDING INSPECTOR // [ ~/5-~1~ H)R 1 APPEAL NO. · DATE ~)..~.~.~...~..."~...~....¥ ~J )J~ c/O TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant - Street and Number ....................................... ....... .~ ................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..~.C-,~..~...JO...~..~.......J.l..)..[~..~...~ ..... WHEREBY THE BUILDING INSPECTOR DENIED TO ..... ~.~.a.~_k~..._.5~...~...z.....~.~...~.~.~. Name of Applicant for permit ....................................... ~ ........................... ~ .......... ~ ..................................... Street and Number Municipali~ State (~ PERMIT TO USE ( ) PERMIT FOR ~CUPANCY 1. LOCATION OF THE PROPERW ~.~.~....~.~.~.~.W.i.~:....~.~...~.~i~..) Street /Hamlet / Use Dstrct ~ Zoning'~ D~stpict 1000 Sectionqd Block I Lot j~ . ten' ........................................... ..c.u ........... Map No. Lot No. PrJo~ 0~ne~C 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the A~icle S~ti~, Sub- section and Paragraph of the Zoning Ordinance by numar. ~ not quote the Ordinance.) Article~ Section ;oo-~ 5 3. ~PE OF APPEAL Appeal is made herewith for (please check appropriate ~x) (~ A VARIANCE to t~ Z~ing Ordi~nce or Zoning ( ) A VARIANCE due to lack of access (State of N~ York T~ L~ Chop. 62 C~. La~ Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL (J A Variance to Section 280A Subsection A Variance to the Zoning Ordinance is r~uested for the reason that REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because gu (J~,rt .,~t,'~c-~'~ ~ 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because ~ ~ o~ /~o~,~ ~,O.~ZJl/VT~ ') 3. The Variance would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because "J~' ~J ~\~ -~-~-k~,\ <3-~,\ SJt-~ ~g-k (k~t ~ STATE OF NEW YORK ) / ) SS COUNTY OF ((~ ~(r' $ ' ) Signature Sworn to this ............... '..~,...; ....................... do,of ............ %,.'!.'....(. ............................. .......... ......... ' -- ~'~OPERTY ii--'* ?d '~ IO~=~;- ?Y-/.// TOWN OF SOUTHOLD RECORD CARD ": ,i' oWNER STREET VI LLAGE LOT FORMER OWNER DISTRICT ~' '* ACREAGE ~ TYPE OF BUILDING COMM. iND. LAND IMP. REMARKS L/ (o O O NEW Form Tillable 1 Tillable 2 Tillable 3 Woodland TOTAL DATE BUILDING CONDITION__ / / r~°w Value Per Acre ,q~n o Swampland Ac re B rushJ~ll~-~ /ABOVE Value / 6-/0 /-/'dOC.) J House Plot Toro I E z ~.~ >;tension Extensio¢ Ga rage 3(3 a.; 7,% la.3 ' Foundation Basement Ext. Walls Fire Place Patio Driveway Porch Porch Bath Floors Interior Finish Attic Rooms 1st Floor Rooms 2nd Floor - ~_ $. · * W ONUM£W r A VENUE aEv's~o"sI YOUNG & YOUNG FEB. 27,1973 40o OSTRANfJEE AVENUE, RIVERHEAD. NEW YORK i MAR. 19, 1973 , ALDEN W, YOUNG HOWARD W, YOUN AT MATTITUCK ~u*~ TOW. o, SOUTHOLD ~,,~, / SUFFOLK CO., N.Y. .~~,,~.., I DEPARTMENT OF PLANNING 'SUFFOLK PATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING July 22, 1991 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. App~l'icant(s) /tritzler, Ronald, M.D. Mercorella, Anthony & Maria Municipal File Number(s) 4024 4034 Very truly yours, Arthur H. Kurtz Director of Planning S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUP~aAUGE, LI.. NEW YORK ! 1788 (516) 3EO-~ 192 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, .Ir. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOAR~ 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 t'o Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, Article III, Section 100-33 Variance from Determination of Special Exception, Article Special Permit Southold Town Building Inspector, , Section Appeal No.:4024 Applicant: RONALD STRITZLER, M.D. Location of Affected Land: 3055 Soundview Avenue, County Tax Map Item No.: 1000- 94-1-14 Within 500 feet of: Town or Village Boundary Line Mattituck, NY X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway,-Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land __ Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Cha'nnel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission tolocate accessory tennis ~n a~ nth~r than required rear yard. ~ourt Copies of Town file and related documenCs enclosed for your review. Dated:Oul3~ 19,1t),~tl Page 2 - Appl. No. 40~ Decision Rendered July 12, 199~ Matter of RONALD STRIIZLER 3. Proposed by this application is the location of a 60' by 120' tennis court enclosed with a fence at a height of eight (8') feet, all to be situated not closer than 60 feet from the front property line along Sound View Avenue and not closer than 25 feet to the westerly side property line. 4. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related to the land and are not personal in nature; (b) the relief is not substantial and is the minimal necessary under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood since it is not uncommon to locate accessory uses of this nature in areas other than the waterfront yard areas (which is technically the rear yard area); (d) the relief requested is not unreasonable; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT permission in the Matter of the Application of RONALD STRITZLER, M.D. as applied under Appeal No. 4024 for the placement of an accessory tennis court structure in the front yard area as noted in paragraph 3, supra, and subject to the following restrictions: 1. That there be no lighting (as applied); 2. That the existing screening (foliated areas) remain near the tennis court, to include replanting where necessary after the tennis court is built. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. This resolution~was duly adopted. ik GERARD P. GOEHRINGER/HAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOA~ OF APPEALS TOWN ~ SOU~OLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4024: Matter of RONALD STRITZLER, M.D. Variance to the Zoning Ordinance, Article III, Section 100-33 (100-30A.4) for permission to locate accessory tennis court structure in an area other than the required rear yard on this 4.9+- acre parcel. Location of Property: 3055 Soundview Avenue, Mattituck, NY; County Tax Map District 1000, Section 94, Block 1, Lot 14. Zone District. R-80. ' WHEREAS, public hearings were held on June 7, 1991 and on July 12, 1991, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the R-80 Zone District at Mattituck, with 339 ft. frontage along the north side of Sound View Avenue, Mattituck and frontage along the Long Island Sound. 2. The subject premises consists of a total area of approximately 4.90 areas and is improved with a one-story frame house and accessory frame building situated near the front of the house. For the record, it is noted that town records show that in 1967 a 1.1+- acre parcel was conveyed to Rodney W. King. The premises as exists today of 4.9+- acres is recognized as one lot in common ownership under the zoning provisions (and is not recognized as two lots as depicted on the survey submitted with this application). 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 O~ SOUTHOLD SCOTI~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 July 18, 1991 Ronald Stritzler, M.D. 51 Stirrup Lane Roslyn Heights, NY 11577 Re: Appl. No. 4024 - Variance for Tennis Court Dear Doctor Stritzler: Transmitted for your records is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Department and any other agency for permits or other approvals which are appropriate for this project. A copy of this decision has simultaneously herewith been transmitted to the Building Department for its file and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department Suffolk County Department of Planning TRANSCRIPT OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF FRIDAY, JULY 12, 1991 1 Board Members Present: Chairman Gerard P. Members: Dinizio, Doyen, and villa Members Absent: Grigonis (due to illness) Goehringer and Linda Kowalski, Z.B.A. Secretary and approximately 35-40 persons in the audience. Appl. No. 4033 Applicant(s): Randi Lacalamita Location of Property: 1395 Henry's Lane, Peconic, NY County Tax Map No.: 1000-74-1-10 The Chairman opened the hearing at 7:30 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of a survey produced by Roderick Van Tuyl with no specific date indicating a penned in carport 18 by 35 in the front yard area. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Now we're ready for you. If you would kindly state your name for the record please sir. MR LACALAMITA: My name is Joseph Lacalamita, my wife is the owner of the property. CHAIRMAN GOEHRINGER: How close to the I guess that's the northerly property line at its closest point is the carport? MR LACALAMITA: It's approximately midway between the house itself and the street (Henry's Lane). CHAIRMAN GOEHRINGER: Okay, but in reference to its closeness on the side yard area, how close is it to that property line do you know? MR LACALAMITA: It's I think three feet. CHAIRMAN GOEHRINGER: Three feet. Could you measure that for us please and let us know on Monday. MR LACALAMITA: Yes I will. CHAIRMAN GOEHRINGER: Okay. The only reason why I didn't measure was I was down early one morning looking and I didn't Page 2 - July 12, 1991 Public Hearing - Randi Lacalamita Southold Z.B.A. CHAIRMAN, cont'd: want to go traipsing around your property looking for monuments or anything of that nature. Okay? Is there anything you would like to state for the record? MR LACALAMITA: Well, my father-in-law who's a graphic artist did the sketch and on the bottom of the sketch I'm sure you have a copy of it. It said, carport to be settled with blacktop driveway. I got a copy of it with notations that it was approved, unfortunately, on the sketch it said that it was going to be with a blacktop driveway. Unfortunately he didn't read this green piece of paper that said that it had to be in the back the yard. Well if it was to be put in the back of the yard it would be feasible because it's too narrow to drive four vehicles. He never intended to bangle or break the law and the structure cost over, close to $4,000. and we're seeking relief because it's a little expensive to tear it down, so we're looking for relief. CHAIRMAN GOEHRINGER: How long has it been up? MR LACALAMITA: Since May. CHAIRMAN GOEHRINGER: This past May? MR LACALAMITA: Yes. CHAIRMAN GOEHRINGER: And you're planning never to enclose it? MR LACALAMITA: Never to enclose it no% CHAIRMAN GOEHRINGER: And it presently houses approximately four cars? MR LACALAMITA: Yes. CHAIRMAN GOEHRINGER: Alright. And you will call us and tell us how close it is to that closest property line on the side. MR LACALAMITA: How soon will we know because they're anxious to know? CHAIRMAN GOEHRINGER: Probably in about a week or ten days. MR LACALAMITA: Very good. I'll call you back and you want to know from one property .... CHAIRMAN GOEHRINGER: I want to know from the front monument on Henry's Lane, how close it is and I want to know how close it is to that closest property line, which is really like the Page 3 - July 12, 1991 Public Hearing - Randi Lacalamita Southold Z.B.A. CHAIRM3~N, cont'd: northwest side. MR LACALAMITA: Very good. That's it? CHAIRMAN GOEHRINGER: That's it. MR LACALAMITA: Thank you very much. CHAIRMAN GOEHRINGER: Does anybody else have any other questions for this gentleman? (He's gone). I'm sorry we had a discussion concerning the individual setbacks myself and the Board since the hearing. I had no idea he was leaving. I'm sorry I apologize. (UNIDENTIFIED): Do you want us to call him back? CHAIRMAN GOEHRINGER: No that's alright. MEMBER DOYEN: No unless someone had a question. CHAIRMAN GOEHRINGER: I mean I think he pretty much answered all our questions. Did you have any questions? MEMBER VILLA: The only question I had was, did I hear him say he couldn't drive to the backyard? MEMBER DOYEN: It seems that he did say that. CHAIRMAN GOEHRINGER: Well I think the property falls away in the back. MEMBER DOYEN: He's got a 21 foot offset on that side. CHAIRMAN GOEHRINGER: Yeah I know. Alright well we're going to get the approximate side yards that this thing and the front yard that this thing is off so we'll make a determination at that point. MEMBER DINIZIO: What was submitted to the building department? MS KOWALSKI: That was what was submitted to the building department. MEMBER DINIZIO: This, right here? MS KOWALSKI: That yes and I have another one. MEMBER DINIZIO: I'm wondering how he could have approved that. Page 4 July 12, 1991 Public Hearing - Randi Lacalamita Southold Z.B.A. MS KOWALSKI: And this. Do you have a copy of the building permit. CHAIRMAN GOEHRINGER: Yes. MEMBER DINIZIO: So okay. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in behalf of this application, either for or against? Seeing no hands (TAPE CUT OFF) Appl. No.: 4028 Applicant(s): Richard Oliveri Location of Property: Crescent Ave, Fishers Island, NY County Tax Map No.: 1000-6-6-20.5 CHAIRMAN GOEHRINGER: (TAPE CONTINUED) That has been again postponed, so we will continue that postponement and I will offer a resolution postponing it without a date at this particular point. ALL IN FAVOR - AYE Appl. No.: 4036 Applicant(s): Ellen Braunstein Location of Property: Corner of Wendy Dr and Pec. Bay Blvd., County Tax Map No.: 1000-128-5-7 Laurel, NY The Chairman opened the hearing at 7:45 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey produced by Alden Young, dated October 1, 1975 indicating a one story frame house almost perfectly centered in the property, a little more toward the rear of the property. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. It appears that the application that is before us is for an addition to the rear of the dwelling which is approximately 15 x 15. We would like to ask the agent for the applicant if he would like to speak please. Just state your name for the record if you would? MR REILLY: Norm Reilly, president of A. Reilly and Sons. If you have any questions I would be happy to answer them. CHAIRMAN GOEHRINGER: This will be a permanent addition to the rear of the dwelling? MR REILLY: That's correct. It's attached. Page 5 - July 12, 1991 Public Hearing - Ellen Braunstein Southold Z.B.A. CHAIRMAN GOEHI~INGER: What kind of foundation will it be? MR REILLY: It will be according to the building codes of the Town of $outhold, State of New York, we'll have a crawl space and it will be framed according to the building codes. CHAIRMAN GOEHRINGER: And I assume the setback I believe is 35 feet and you will have if the Board is so willing to grant this application, a 25 foot setback so you are looking for a reduction of approximately 10 feet? MR REILLY: That's correct. CHAIRMAN GOEHRINGER: What is the approximate offset off the corner of the house? MR REILLY: Approximately 5 feet. CHAIRMAN GOEHRINGER: Okay great. I don't have any other questions, it's a one story addition right? MR REILLY: Yes. It will, slope roof, a. couple skylights and that will be that. CHAIRMAN GOEHRINGER: Does anybody have any problems with that? MEMBER VILLA: Yeah, are they going to leave all of that dense landscaping intact back there, you're not going to take any of that. MR REILLY: That's correct, nothing will be touched back there at all. CHAIRMAN GOEHRINGER: Does anybody have any other questions7 I have no problems with this application I'll make a motion to approve it as applied for. ALL IN FAVOR - AYE. Page 6 July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. Appl. No.: 4032 Applicant(s) Mary and Peter Blank Location of Property: Peter's Neck Road, Orient, NY County Tax Map No.: 1000-32-1ipart of 2 and 4 also lot 3 The Chairman opened the hearing at 7:50 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map produced by Young and Young or Howard Young the most recent date is June 4, 1991. Indicating parcel one which is an area which is the nature of this application of 1.6461 acres and parcel two an area of 1.7478 acres and I have a copy of the Suffolk County Tax Map this and surrounding properties and for the record this was a condemnation I believe by the New York State Department of Environmental Conservation and these are the remainder parcels left from that condemnation. Mr. Angel would you like to be heard concerning this? MR ANGEL: Yes I would. CHAIRMAN GOEHRINGER: you? It's so nice to see you again. How are MR ANGEL: I haven't been here in a while. CHAIRMAN GOEHRINGER: Yes you haven't. MR ANGEL: Really not since Bob Villa got on the Board. his pavilion face it's a different setting. Can I, do I speak into the microphone? With CHAIRMAN GOEHRINGER: Unless anybody complains. MR ANGEL: I prefer just not standing back and addressing you directly in the bank. CHAIRMAN GOEHRINGER: You can hear it? MS KOWALSKI: I think so. I'll let you know if I don't. MR ANGEL: I'll speak loudly. Does the audience want, do they hear better if I speak in the mike. CHAIRMAN GOEHRINGER: There's a microphone right here. MS KOWALSKI: It might be better. MR ANGEL: I'll do whatever you want me to do. Page 7 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MS KOWALSKI: You better use the mike, that would be better. CHAIRMAN GOEHRINGER: You know what you could do, you could pull that table over if you wa~ted to use it. MR ANGEL: Is it better if I speak to the mike? Mr. Goehringer was correct this is an application for variances of lots that were in fact reduced in size as a result of condemnations by the New York State Department of Environmental Conservation, the DEC. As I said my name is Stephen Angel I represent the applicant, an attorney in Riverhead and what we're seeking here are a series of variances from your Board. A front yard variance as your Board describes front yards, from about 60 feet to 40 feet and a rear yard variance from 100 feet to 60 feet. A lot depth variance from 400 feet to 40, but the way you measure your lot, the way you define lot depth, did I say rear yard or depth, lot depth is sort of unusual in the ordinance and the nature of our variance here is not going to be as great as it sounds as you see in the survey. And finally a lot coverage variance, we want to increase the permissible lot coverage in this five acre zone from 5% to approximately 16% and 24% given the remaining parcels. Now Mr. Goehringer identified a survey or a couple of surveys I think that were prepared by Young and Young in this case. We have updated those surveys and I would like to present essentiality the same surveys to you with some additional information on them and they most recently revised today. The first survey which is marked as "A" is a survey of the area showing the building envelope that we are requesting. The ones showing the variances that we are requesting.~ It has bunch of information on it, which you have on those other surveys but it also includes the 5 foot contour from the Suffolk County Topo. And the precise measurement of the depth of lot as measured by your ordinance. In addition to the other stuff that you see on the one that's already been submitted and with your permission Mr. Goehringer I would like to hand this out. I have a bunch of copies for you, how many would you like? MS KOWALSKI: About six would be great. MR ANGEL: How we produce this. I think Howard is ..... Now I have a survey also prepared by Young and Young which is delaminate "B" which shows the extent of the building envelope if all setback requirements were adhered to, given the lot configuration we're left with. Or the lot configurations we're left with after the DEC taking and you will see it's dramatically less. If you look at those parcels and they're both shown on Plain "B", parcel one Page 8 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: originally consisted of 4.1742 acres, parcel two originally consisted of 9.1525 acres all of the land not remaining was taken by the DEC on October 26, 1990. We're left with as you said Mr~ Goehringer parcel being 1.6461 acres and parcel two being 1.7478 acres clearly less then what's required under the 200 square foot minimum zoning requirement in this zone. Now I've mentioned to you briefly what the requested variances are, I don't think that I need to go over with them again. We respectfully submit that in this situation we have a practical difficulty, obviously the difficulty was created by the condemnation for the record we have opposed the condemnation from day one, the Blanks of the many people who were involved in the, as lot owners, condemnation conducted by the DEC were perhaps one of two or three that have actually not sit with the DEC they fought it out and tried to maintain their property and did not arrive at a voluntary agreement. There's no self created hardship by doing this. As I said the DEC took their property there is not even an agreement as to price on their property. That is going to be the subject of a claim in the court of claims. The variances that we're seeking I respectfully are not as substantial as they seem at first glance. The property around that is developed on lots are not in the, certainly are not 5 acres, the ones on Peter's Neck. There are some that are small there. More over the lot sizes themselves that we're left with are surrounded by a tremendous amount of open land that the State has taken, it used to be part of it. We're not in a situation where by allowing the development of these two parcels you are creating houses on what are going to appear to be smaller parcels. They-are going to be surrounded hopefully in perpetuity by the large expansive DEC acquired wetlands. It's not going to effect the substantial change in the character of the community, we can't solve the problem other then by getting variances from you. I should point out in this regard that in all their conversations and in all their approach to dealing with the Blanks the DEC has taken a position that what is remaining, in other words these parcels one and two that you see, are buildable parcels. They have made payments to Mr. and Mrs. Blank in accordance with law, they have to make an advance payment and those advanced payments are predicated on these two parcels being buildable. I'm not saying you are bound by that, but the DEC has treated it as such. It's not like they required or paid for the use of these parcels. They have assumed through purposes of their condemnation that we can get a building permit on each one of these parcels. CHAIRM3%N GOEHRINGER: Why did they do that Mr. Angel rather than allowing the variances to occur first? Page 9 July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: They wanted to take the property. Their timetable is their own. They just did it. They were convinced, in my conversations with them, know whether they are wrong or right they were just convincing, based upon unidentified conversations with people in this town that they were going to remain as buildable parcels. They never explained to me why they were convinced of that. Though I have had numerous discussions about the value of property and they have always taken the position, that what remains are two building lots. But as far as waiting for a variance, I personally think that they have an agenda, they wanted to acquire a whole bunch of properties in Orient. The properties were acquired under funds that were made available back in 1972 on the 1972 environmental bond act. They developed their agenda and they just went ahead with it. I don't think that they made municipal approvals. There wouldn't be municipal approval applications on anything that they did in the Orient positions. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: The other thing that is involved in this application is there's also a 280A application because we are building on a private road. That's a little bit of an interesting question, because I think 280A requires an application for a variance to build on a road that's not part of the official map. If you look at your official zoning map the road is on that map. I leave it to you people to decide whether the 280A application would be necessary in this case. I believe that when my associate John Wagner checked into the necessity of the 280A application there was a subdivision done at the end of Pete's Neck off this road within the last few years, a minor subdivision and I don't believe that that had a 280A application. That doesn't necessarily mean that we shouldn't, but I want to bring that to your attention. We previously submitted single and separate certificates that go back until 1962, we're led to believe that in 1962 and even prior there to has been thereafter for a few years the town uniformly allowed divisions to these large lots without the necessity, especially where there's only a five lot and four lot subdivision, not be a necessity of minor subdivision frugal. I'm here and the Blanks are here to answer any of your questions. CHAIRMAN GOEHRINGER: How long has this road been in existence? MR ANGEL: Well the road was created as a separate parcel in 1962. How long is it physically been there? Page 10 July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAIRMAN GOEHRINGER: Yeah. MR BLANK: 1938. CHAIRMAN GOEHRINGER: And how long has it been in actually improved to the point of either asphalt or some sort of hard base surface. MR BLANK: 1955, something like that. CHAIRMAN GOEHRINGER: Thank you. MR ANGEL: And there's one thing that by the way John was going to be here tonight, but somebody is ill in his family, he could be here so I'm handling this all by myself. He promised that he'd bring Linda a copy of the Peconic Bay Estuary CEA, the critical environmental area map and a resolution. It is possible, again I'm not sure, that we fall within that area. I'm not as you can see from looking and I have an extra copy of this map, as you can see from looking at it is not a very paced boundary. CHAIRMAN GOEHRINGER: We've had that trouble with the flood plain maps, I assure you. MEMBER VILLA: Jerry could I ask you a question? CHAIRMAN GOEHRINGER: Sure. MEMBER VILLA: Mr. Angel, I don't have'a problem with the 40 foot setback from the front,~ from the road too much, but looking at the parcels, looking at parcel one, just working off this as a one inch equals 100 feet, it would appear that the depth of parcel is about 60 feet plus or minus. The building envelope. Now, the Trustees will require a 75 foot setback from the wetlands, have the Trustees been approached at all on this? MR ANGEL: No they haven't. The reason, in fact, I'm going to brutally honest with you, I'll just tell you what happened in this application. When we originally drew the, or asked Howard Young to draw the lines, we suggested a 75 foot setback from the wetlands line and Howey told us, Howeys very familiar with this area. Howey was the surveyor for the DEC on all the acquisions and has been involved in applications representing people on both sides and he suggested the setbacks that we have now because I guess with the DEC taking he was familiar with the DEC approving a setback similar to the ones that you see here. He had made that suggestion to give us more area in which to deal with Page 11 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL, cont'd: the zoning, more area to deal with placing the structures for a house. MEMBER VILLA: Well I just, I ~as just wondering if your clients would you know if you reduce that 60 foot plus or minus to meet the 75 foot from the wetlands you still have a 35 foot building envelope and most houses aren't 35 feet in depth. MR ANGEL: Which one are you talking about parcel one or parcel two? MEMBER VILLA: Parcel one. Parcel two you even have a greater depth with that one is about 90 feet plus or minus. MR ANGEL: Well needless to say, we like the flexibility, certainly 35 feet to build a house is sufficient, but here you are talking about, we want an area that may be sufficient to place a deck or a pool, we don't know what's going to come in ultimately when an application is made to build a house. We realize that we have to make an application to the DEC after we come before you and we have to make an application to the Trustees, all of those applications will be made. So if I have a way to, if I can take a position I would sooner have the building envelope as it appears on the survey and then make my application to the Trustees and deal with their setback before that Board. MEMBER VILLA: They are looking down a loaded gun, so to speak, because you have already gotten~a variance from us. MR ANGEL: We haven't gotten a variance from them though. MEMBER VILLA: No. I know. But it makes it more difficult. That's why I was wondering if you could live within the existing setbacks without requiring the variances. MR ANGEL: Well to be honest with you, I think that parcel one, there would be a diminution in value in the lot if we went to a 35 foot, if we went to the 75 foot setback. Parcel two is more, is... MEMBER VILLA: Yeah it's 90 feet. MR ANGEL: Is a bigger area, we have more room to play with. Once you get down in this area, I don't know if you have visited the property Bob, you have, it's magnificent property. MEMBER VILLA: Oh yeah. Page 12 July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: I mean it's one of the two nicest lots I've seen since I've been practicing on Long Island. In my opinion, the constriction of the building envelope in lot number, given by that additional 50 fe~t, may make a substantial difference in value to the parcel, because you are looking at a parcel that is going to appeal to somebody with means. MEMBER VILLA: Well you are talking about a deck or something, would they be at all adverse to restricting a major, you know a major building where you would require a foundation and everything else to the 75 foot. MR ANGEL: I haven't laid it out but, it sounds, we certainly could look at that. The idea of the building envelope since nothing has been designed as yet and we're left with the condemnation facing us that assumes that you guys have done all this is to find out whether we do have the right to build on those lots, certainly that's an important issue for us in facing the condemnation part. But you know, I mean I can't, we haven't analyzed that setback, but it seems to me that if the house is, if the foundation is sufficient enough for a house and there is more room which could fit deck and other accessory structures could probably be easily livable. CHAIRMAN GOEHRINGER: Any other questions? MEMBER DINIZIO: Just as far as size is concerned of parcel one, what is the footage, the road frontage of the buildable lot? I ... MR ANGEL: What is the what? MEMBER DINIZIO: The road frontage of the buildable parcel. There is no measurements on here so I really can't. CHAIRMAN GOEHRINGER: Yeah, they are Jim, it appears it's a 298 + 146 + 99. MEMBER DINIZIO: No, no I'm talking about just this part. MEMBER VILLA: You're talking about the envelope. MEMBER DINIZIO: Just right here. CHAIRMAN GOEHRINGER: Oh, the envelope. MR ANGEL: We could scale that off. It's 140, 1 inch equals 40 or 1 inch equals 100. CHAIRMAN GOEHRINGER: 1 inch equals 100. Page 13 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. MR ANGEL: What does that look like Bob about 160, 1757 MEMBER VILLA: Probably more t~en that about 180. MR ANGEL: Okay 180. And the other one's maybe 200. We have no expectation that there would be structures in that entire area. What we've chosen is a building area in which we can impose the structures. I don't think there's any intention of developing a 24% coverage on this lot with impervious materials, you know we would, if you felt it necessary to limit the percentage of coverage to something less then that if it fit in this area we would have no objection to that. What we want is ... MEMBER VILLA: That's an area where you could put a house. MR ANGEL: An opportunity, yeah an area where we could put a house potentially a pool if they wanted it potentially a deck. Some area where we can locate those structures, that's what we're looking for. CHAIRMAN GOEHRINGER: When you referred to the 16% of lot coverage, Mr. Angel, you are referring to lot number one or lot number two? MR ANGEL: 16% is lot, the 16% lot coverage is the total building envelope shown on "A" for lot number one, given the reduced size of the lot. The 25%, and it's slightly more than that, it's shown on the map by the way, the computation, all these computations are on that new map. You'll see it on the side, it's 24.7 and 16.8 and it shows it Jerry on the right hand side. CHAIRMAN GOEHRINGER: Yeah. back to the first map. I see it now. I was still going MR ANGEL: If you use this .... By the time Howey prepared this today he put on just about everything. The only thing we don't have on is the flood zone, which I tried to read and is either A6 or B something. CHAIRMAN GOEHRINGER: We have a copy for you if you want it. MR ANGEL: I have a map too. But as you know, the flood zone questions are going to, they'll have to be determined at a construction phase, if whatever the construction requirements of the particular zone we're just going to have to move them. CHAIRMAN GOEHRINGER: Right. Does anybody else have any Page 14 - July 12, 1991 Public Hearing - Mary and Peter Blank Southold Z.B.A. CHAIRMAN, cont'd: further questions concerning this? Anybody in the audience like to speak concerning this application? Seeing no hands,.Mr. Angel, I assume we'll continue with the deliberation~ after this and any other further questions gentlemen? Okay. Hearing no further questions we thank you for your presentation and I'll make a motion to close this portion of the hearing reserve decision until later. We'll extend this hearing until Monday in receipt of information from the Planning Board concerning the subdivision in this area. MS KOWALSKI: Just a written part of the record. CHAIRMAN GOEHRINGER: Written portion. ALL IN FAVOR - AYE. Appl. No.: 4034 Applicant(s): Anthony and Maria Mercorella Location of Property: 2260 Peconic Bay Blvd., Laurel, NY County Tax Map No.: 1000-145-4-4 The Chairman opened the hearing at 8:15 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch of the plan, the placement of the building appears to be in the same position as it was in 1990, the difference and the nature of this application appears to be the fact that we are now asking for a second story accessory dwelling for storage purposes. How do you do sir., would you kindly state your name. MR MERCORELLA: Mr. Goehringer, my name is Anthony Mercorella I'm the applicant. CHAIRMAN GOEHRINGER: How do you do? Is there anything you would like to state for the record Judge? MR MERCORELLA: Yes, we would rather put the preliminary plans together rather hardly after remodeling the which is located on the same piece of property and so that we did not consult at length with an architect. But this house, after having dispensed with certain sums of money to remodel it, leaves us short of any storage area. We have no basement because of the wetland situation, we have no attic space because of the height restrictions and we have a half acre of property and we do have a deck, we have considerable garden furniture and I do a lot of gardening and we need to store our gardening equipment and our garden furniture and other Page 15 - July 12, 1991 Public Hearing - Anthony and Maria Mercorella Southold Z.B.A. MR MERCORELLA, cont'd: things we are intending to everyday living in some area other than the house. The house itself when we applied, when we built the house we conformed to the original envelope, the original foot. We didn't apply for a variance with respect to that. So it's a question of convenience, the story this time and also we want to conform the accessory dwelling to the existing house, so there would be some symmetry. We had previously asked for a, a pull down ladder, but that wouldn't afford us the excessive building to store these rather large things upstairs. Also we intend to buy a boat perhaps and we would like to store that in the garage and that would preempt us from any necessary storage space. Basically that's it. CHAIRMAN GOEHRINGER: Could you tell us the purpose of the half bath on the second story. MR MERCORELLA: The half bath is really a, I would want a sink and a toilet basin so that I'm in the garage or in the little work shop that I would like to put in the garage I don't have to run back to the main house. CHAIRMAN GOEHRINGER: Will the building be heated in any way? MR MERCORELLA: No sir. CHAIRMAN GOEMRINGER: Okay. I thank you so very much. Before you sit down, does anybody have any questions from this gentleman? Thank you so much. Is there anybody else who would like to speak either in favor or against this application? Seeing no hands I'll make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. Appl. No.: 4035 Applicant(s): Mr. and Mrs. Eugene Croasdale Location of Property: 595 North Parish Drive, Southold, NY County Tax Map No.: 1000-71-1-6 The Chairman opened the hearing at 8:20 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a sketch, it's actually a site plan produced by Garrett A. Strang Architects, the most recent date is June 19, 1991 indicating the proposed garage addition approximately 13 feet from North Parish Drive and it appears 16 feet wide and approximately 22 feet deep and approximately 4 feet from the westerly property line. I have a copy of the Suffolk County Tax Map indicating Page 16 - July 12, 1991 Public Hearing - Mr. and Mrs. Southold Z.B.A. Eugene Croasdale CHAIRMA/~, cont'd: this and surrounding properties in the area. How are you Mr. Strang? MR STRANG: I'm fine thank you~ yourself? CHAIIAN5~/~ GOEHRINGER: Good, thank you. MR STRANG: The application I think pretty much states what we're trying to accomplish here. We have an existing house that was built probably somewhere in the mid sixties, mid to later sixties. It does not have a garage. My client, Mr. Croasdale, is not the original owner or the person who built the house, he's purchased it I guess in one of the resent years and is the second or third owner. He has a need for a garage. The placement of the house, I guess at the time it was built it was set with a minimum front yard, now for what reason I can't say. I believe that the front yard, existing front yard was in compliance with the zoning at the time it was built. And we have no real alternative as far as a placement for a garage on this property. There is a driveway there presently where he can park his car on site, but again we'd much rather prefer to be able to house his car in the garage and since we can't put the garage in the rear yard and there's really no room to place it on the side, given the side yards as being what they are. We're left with this as our only alternative for the placement of the garage. CHAIRF~%N GOEHRINGER: It's an interesting situation because we have been wrestling with the differences between front yards and rear yards in waterfront parcels for years and the problem that we have is that we always wanted enough area so that if the garage door was closed, the car would at least being outside of the garage would be on the person's property and not hanging out into the road and that's one of the problems that we have here with this particular application, unless you had a Honda civic, the car is going to hang out into the road. MR STRANG: Well the reason if you'll note on the site plan did indicate that although the property line is given, the actual right of way is wider than the actual pavement which is normal in most communities today and the edge of the pavement is depicted on the site plan and there is a 25 foot dimension from the edge of the pavement to the garage if they were parked in the front of the garage, so in essence, although the vehicle would not be totally contained within the property, it still would not extend out into the public traveled road. CHAIRFJ~N GOEHRINGER: Okay and what is the purpose of the 4 Page 17 - July 12, 1991 Public Hearing - Mr. and Mrs. Eugene Croasdale Southold Z.B.A. CHAIRMAN, cont'd: feet from the, I assume that's west.. MR STRANG: The 4 foot side yard on the west is presently as you see noted on the site plan~there is an existing entry porch which is our intention to become a basic vestibule transition area. There is a door that comes from presently, that comes from this porch and enters into the kitchen area, which is in what I'll refer to as the southwesterly corner of the house, that is the garage, I'm sorry is the kitchen and there is a door from the kitchen out into this area that's noted as a porch, so the 4 foot is sort of dictated so that we have 3 feet left over if you will from the existing corner of the house to allow entrance into this area without having to walk through the garage and get to the door to the kitchen. CHAIRMAN GOEHRINGER: What's the approximate height of the garage wall in that 4 foot setback area. MR STRANG: It would be a normal 8 foot wall, obviously probably one course of block or cell above grade, because 8 inches is mandated by code to be from existing grade to the beginning of framed structure, so we'd be looking at maybe 9 feet to the plate line and then give a little. CHAIRMAN GOEHRINGER: both sides. MR STRANG: That's right imagine at the present time. base to the road as I CHAIRMAN GOEHRINGER: I don'~ have any other questions. Does anyone else have any questions? Mr. Villa? Dinizio? MEMBER DINIZIO: No. MEMBER VILLA: I know why you have the three foot offset, but is it really a problem to line up the garage so you'd have a 7 foot offset, I mean we normally require what's it 10 feet? CHAIRMAN GOEHRINGER: Yes. MR STRANG: The side yard would normally be 10 feet in this district, yes. If we were to slide over the other 3 feet that would basically mean you'd have to walk through the garage to get into the vestibule if we go that particular transitional area and into the kitchen, through the kitchen door, so we did shift it off to the side specifically so that you could have a door at that point or opening or someway to get into this transitional area to get into the kitchen without having to open the garage door per say and walk Page 18 - July 12, 1991 Public Hearing - Mr. and Mrs. Eugene Croasdale Southold Z.B.A. MR STRANG, cont'd: through the garage. MR VILLA: I realize that but you still, even if that we would have to grant a variance~because it would be 7 feet instead of 10. MR STRANG: That's true. Even if it were to be in alignment with the corner of the house we would need a variance still for the side yard and it really, we did look at the possibility of shifting it further to the east which would prevent, would present a difficulty in that we have a window in the kitchen, the only window in the kitchen is basically right on that corner of the house facing the southerly direction and we would then be coming over that window and not allowing any natural light to come into the kitchen. CHAIRMAN GOEHRINGER: Also the other thing would be of course if the Board would grant any type of alternate relief or this application as it stands, it will clearly state that there would be no closing of any other side yards and the other side yard would be the east side yard. MR STRANG: That's right I don't see any reason why we would have (microphone not picking up) no further encroachment on the other side that would maintain a 17 foot side yard. CHAIRMAN GOEHRINGER: Okay. We'll see what else develops, thank you very much for your presentation. Is there anybody else who like to speak either for or against this particular hearing? Seeing no hands I make a motion closing the hearing reserving decision until la,er. ALL IN FAVOR - AYE. Appl. No.: 4024 Applicant(s): Ronald Stritzler, M.D. Location of Property: 3055 Soundview Ave, Mattituck, NY County Tax Map No.: 1000-94-1-14 The Chairman opened the hearing at 8:30 pm and read the notice of hearing and application for the record. CHAIR/4AN GOEHRINGER: One behalf of Dr. Ronald Stritzler it is a hearing that we have postponed from the last regularly scheduled meeting and, Doctor, you have patiently sat there through the major portion of our hearings tonight and you are very welcome to speak, we do have some questions of you. DR STRITZLER: I'm the applicant and I would be happy to answer any questions or address the issue of why we selected Page 19 - July 12, 1991 Public Hearing - Ronald Stritzler, M.D. Southold Z.B.A. DR. STRITZLER, cont'd: this however you wish. CHAIRMAN GOEHRINGER: Why don't you address that issue of why you selected that area. I DR STRITZLER: For those of you who have seen the property I think, would recognize that the contours of the property are very steep and there are numerous trees throughout as well as lawns and gardens and berms that we have worked on for quite a few years now. The particular site that we have chosen is one where we have a vegetable garden many years ago and we know it's been level and although there has been some incredible pollination and growth there over the years, it looks a lot like the amazon jungle. There is actually very few trees that have to be taken there as opposed to any other conceivable site where there would be more than 24 trees that we have calculated. There, there may be at most 4 and only 2 and obviously both the cost involved in leveling the land and the environmental effect have made this a seemingly the most preferable site. And also there's an issue here that we can punch in right from the road with the equipment necessarily, excuse me, do the tennis court, whereas at , actually any other site the equipment would have to come on our land and would certainly cause some problems in terms of lawns and gardens we have. CHAIRMAN GOEHRINGER: Dr. the approximate size of the court itself, is how wide? DR. STRITZLER: It's approximately 120~ feet in length, maybe 140 feet, I forget frankly, by 65. I'm not, frankly I've forgotten those exact measurements, I didn't look at the dimensions before I came, I'm sorry. CHAIRMAN GOEHRINGER: Right. And the fence you're proposing is 8 feet or 10 feet? DR. STRITZLER: 8 feet, it's an 8 feet fence, said by the person to put it up to be "invisible". It's not a chain-link fence by the way. CHAIRMAN GOEHRINGER: Oh, it's not a chain-link. DR. STRITZLER: It's not a chain-link fence, it is a that is much less visible than a chain-link. CHAIRMAN GOEHRINGER: And the court will not be lighted? DR. STRITZLER: It will not be lighted. Page 20 - July 12, 1991 Public Hearing - Ronald Stritzler, Southold Z.B.A. M.D. CHAIRM~N GOEHRINGER: Well we'll go over to my other two gentlemen over there, fellow Board Members, and ask them if they have any questions concerning this application. MEMBER VILLA: My only concern is that it's quite close to the neighbors house, the neighbors house is very close to his property line and that's why I was wondering if it couldn't possibly be shifted to some extent. DR. STRITZLER: I'm not sure, which house? MEMBER VILLA: Well on the survey it says something about Rodney W. Cane or John Miller I'm sorry. CHAIRMAN GOEHRINGER: John Miller. DR. STRITZLER: That property there, there's no house there, I actually spoke to the man who's actually willing to come here with me to support my presentation actually. So in terms of that particular man, there is no objection. In terms of fixing it, I would be willing to shift it to any reasonable degree, but the shifting will then involve the knocking down of trees, to a significant number. CHAIRMAN GOEHRINGER: Any other questions? Dr. we thank you so much for coming in and it's a pleasure meeting you. I was up the other night in between, the lights were on, not in the house, there were some spot lights on, I did run up with my old pick up and I did look at the area~ It's a beautiful piece of property. Absolutely magnificent. DR. STRITZLER: Thank you very much. CHAIRMAN GOEHRINGER: We'll do the best we can for you. Thank you again. Hearing no further questions I make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. Page 21 July 12, 1991 Public Hearing - Joan and Richard Zeisler Southold Z.B.A. Appl. No.: 4036 Applicant(s): Joan and Richard Zeisler Location of Property: 700 Jackson's Landing Rd, Mattituck, County Tax Map No.: 1000-113-~-9 NY The Chairman opened the hearing at 8:35 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey produced by Roderick Van Tuyl P.C. dated July 11, 1991 indicating a proposed garage in the dotted postage stamp area that most surveyors usually use showing approximately 23 feet from the front property line, 9 feet from the southwesterly property line and somewhat falling within the normal conformities of the existing dwelling. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Zeisler would you like to be heard? MR ZEISLER: First of all I just want to say it's Joan not John Zeisler. MS KOWALSKI: Oh. That's a typo. I'm sorry. MR ZEISLER: I'm now calling her Joan. We're moving out here permanently and we really need the garage for just storage space, we're going to have ground. There's going to be no becoming a nuisance. Certainly an accessory building as a garage and a storage space above and on the rear walls. You know the normal. CHAIRMAN GOEHRINGER: Okay. ~ Is it going to be a one story garage? MR ZEISLER: Well it's the same, I'm sorry, here is what it's going to look like. CHAIRMAN GOEHRINGER: Okay. MEMBER VILLA: It's the same height as all the other buildings. CHAIRMAN GOEHRINGER: All the other attached buildings. Okay and what's the approximate size 20 X 20? MR ZEISLER: 20 X 20. And we're not doing any excavating, it's going to be on a slab. Do you want to see a nice picture? CHAIRMAN GOEHRINGER: Really nice. I remember when we had the original Flood law variance. Thank you. All those Page 22 - July 12, 1991 Public Hearing - Joan and Richard Zeisler Southold Z.B.A. CHAIRMAN, cont'd: portions of those buildings were actually brought in, were they brought in separately or were they built on site. MR ZEISLER: No, they were all built, everything was built on site. CHAIRMAN GOEHRINGER: Everything was built on site. MR ZEISLER: And as I say the DEC will give a letter of non- use decision. We have over the 10 and half feet in the width. We haven't gotten it yet, but they told me on the phone, with the 10 and half feet and where as we have DEC approval for everything else and this is the furthest away from the water so. CHAIRMAN GOEHRINGER: Great. Thank you very much. You want your get a picture back right. We have a tendency to keep pictures, do want this back? MR ZEISLER: Yeah, that I need. CHAIRMAN GOEHRINGER: That's alright as long as I have the site map. Thank you. Is there anybody else who would like to speak in favor or this application? Is there anybody who would like to speak against the application? Hearing no further comments, I make a motion closing the hearing reserving decision until later. ALL IN FAVOR - AYE. (Hearings transcribed by tape, not present at hearings ) Page 7 - Appl. No. 4027 Halsey A. Staples Hearing Transcript of June 7, 1991 MR. STAPLES: It may have been a mismeasurement on their part. I don't know. It may have been a rise where they did the test hole or they may have picked the highest point. CHAIRMAN: You have Health Department approval for this lot then. MR. STAPLES: Yes, yes. CHAIRMAN: O.K. MR. STAPLES: I have met or excelled in every board except the building department had 6 problem with Joe Deyer owning all the lots. That's the only thing I had a problem with. CHAIRMAN: That Health Department approval is predicated on your using the Town water system. Is that correct? MR. STAPLES: Yes, that is correct. to use it so I will be using it. If city water is available you have CHAIRMAN: Thank you very much Mr. Staples. Is there anyone else who would like to speak in favor of this application? Anyone like to speak against the application? Any further questions? Hearing no further questions I will make a motion closing the hearing and reserving decision until later. ALL IN FAVOR - AYE. Appl. No. 4024 - RONALD STRITZLER, M.D. The Hearing opened at 7:55 p.m. The Chairman read the legal notice for the record and the application before hearing testimony. CHAIRMAN: Survey by Young and Young dated February 14, 1973 indicating the nature of this lot. Actually it is a total of 3.9 acres but this particular lot is 2.464 and the location of the tennis court is 60' from Soundview Avenue, 25' from the westerly property line. We will ask the applicant in reference to size . I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is Dr. Stritzer here? LINDA: He didn't think he could make it. There is a letter in the file. CHAIRMAN: O.K. Did he indicate to us if this was going to be lighted or unlighted. Page 8 - Appl. No. 4024 Ronald Stritzler, M.D. Hearing Transcript of June 7, 1991 LINDA: I don't think so. CHAIRMAN: Do we have any indication that these lots are in single and separate ownership or if they are merged and what are they. LINDA: They are merged. I couldn't find any approval upon it. CHAIRMAN: Therefore, we don't have to worry about putting a primary structure on, this being the only primary sturucture on this lot. LINDA: That is correct. I can assure you of that. CHAIRMAN: He is not looking to build a house on his front lot. LINDA: Not today. He is aware of it. C~AIRMAN: The only question I have for the good doctor is if he intends to light the tennis court. If you want to close it or what do you want to do.' Do you want to close it or recess it until he gets back to us. What do you want to do on this? LINDA: I don't want to close it until we get an answer. CHAIRMAN: O.K. Is there anyone else who would like to speak in favor of this application? Is there anyone who would like to speak against this application? Soundview Avenue in Mattituck tennis court in the frontyard area. There is no one here. I will make a motion closing the hearing based upon the fact that the letter comes back within two weeks, if not, we will have to reopen the hearing. I make that as a motion. ALL IN FAVOR - AYE Appeal No. 4029 - CHARLES AND ANGELA KYRIAKOUDES The Hearing opened at 7:57 p.m. The Chairman read the legal notice for the record and the application before hearing testimony. CHAIRMAN: Copy of the site plan from Michel & Associates most recent~date is 3/1/91. Nature of this application is basically Zoning Ordinance 239.4 and distance from. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Could I ask you to state your name for the record. You don't have to get up. questing approvals of the reduced lot NOTICE OF HEARINGS -- NOTICE IS HEREBY GIVEN, :~uant to S~ctinn 267 of the To~ w and the Code of the Town of ~thuld, the following matters will held for pubhc heatings before gte )UTHOLD TOWN BOARD OF >PEALS at the Southold Town dl. 53095 Main Road, Southuld, [ 11971, on FRIDAY, JULY 12, ~1, c~rnmencing at the iL'ne speci- d below: 7:30 p.m. Appl. No. 4033 -- ~NDI LACALAM1TA. Reques~ for nance to the Zoning Ordinance. dele ~I, Section 100-33 for ·p- ,val of carport in the front yard i with reduced setbacks from the at and sid~ property lines. Property: 1395 Henry's Lane, -"onic. NY; County Tax Map No. }0-74-01-10. 7:35 p.m. Appl. No. 4028 -- CHARD OLIVERI. Request for dance to the Zoning Ordinance, ucle rrr, Section 100-32 for per- ';sion to locate new principal citing stmctute with insufficient ,r yard and side yard seth·cks. ne District: R-S0. Location of ,vcny: Westerly Side of Cresceet cnue, Fishers Island, NY; Co~nv] ~ Map No. ~ng 2+ acres. 7:45 p.m. Appl. No. 4036 -- LEN BRAUNSTEIN. Request for .;ance to the Zoning Ordinance, ticle I~A. Section 100-30.A3 to :s~ruct addition to dwelling w~h · iuced rear yard setback on ~is ' loc Lot a~a is noncc~fom~in$ in R-40 Zone DistticI. ~on of ,~eny: Corner of W~dy l~ive :onic Bay Bonier·id, L~urcl, NY; uny/Tax Map No. 1000-12g-5-7. ~o referred to as Lo~ #A" on the ~p of Rollingwood 7:50 p.m. Appl. No. 4032 ~RY AND PETER BLANK. peal: (a) under Anicie II, Sectic~ 0-23, Article m, Secti~ 100-32 I Bulk Schedule. Column "v." re- which nonconfonmlies remain in pti- vale ownership following ap- propriation of the total balance of land ~ter acquisition by the N.Y.S. Department of Environmental Con- servmofl, and l~queslin8 ~proval of the proposed building ama for place- ment of principal dwelling structure with related accesso~/ building(t), having insufficient setbacks in the front yard. ~ar yard and lot coverage in excess of the five (5%) percent limit, and (b) under New York Town Law. Section 280-a. inteq)reting non- jurisdiction or otherwise detomtining access app~val. Location of Proper- ty: Al~g Peter's Neck Rind, extend- lng appmXtmately 2~00 feet south of King St~et, Hamlet of Orient. Town of Southold, NY; County Tax Map Parcel Nos. 1000-32-1-pen of 2 and 4; also L~ 3 (ROW). 8:00 p.m. AppL No. 4034 -- ANTHONY AND MARIA MER- CORELLA. Request for variance to thc Zoning Ordinance, Article HI. Section 100-33 for pe~nission to amend previous vailance application and decision rendered July 11, 1990 under Appl. No. 3944 in order to locate two-car garage building, with partial enlargement for a second floor with windows, and other structural modi~c~tions as showtt on a new c~l- · traction plan (including plumbing facilities for a half bath), in an area other than the required rear yard. Location of property: 2260 Peconic Bay Boulevard, Laurel, NY; also known as Lot 19 on the Map of Edge. mere Park; County Tax Map No. 10(X)-145-4-4. 8.'05 p.m. AppL No. 4035 -- MR. AND MRS. EUGENE CROAS- DALE. Request for a vail·nco to gte tie· 100-30A.3 to permit addiliea to dwelling with insufflci~t frmu and tid~ yard setbacks. Promises is conforming as to let area and width; the subject dwelling as exists is nonconforming as to thc front and toCtl side yard setbacks in tl~ R-40 ZOn~ Distdcu Location of P~peny: 595 Noah Pa~ish Drive, Southold, NY; County Tax Map No. 10(]0-71-1- 6. containing 28,250 sq. ft. in total~ 9~8~10 p.m. Appl. No. 4024 RONALD STRITZLER, M.D. Re- quest for variance to the Z~ing Ordi- nance, A~icie I~ Section 100-33 for co~tt stmcmm in an area other than the ~xluired tear yard on this 4.9't: acm parcel. L~cation of Property: ~05!; Soundview Avenue, Mattituck, NY; County Tax M~.p No. 1000-9~ff l~Recessed frma Amc 7, 1991) 8:15 p.m. AppL No. 4037 --JOHN AND RICHARD ZEISLER. Request for vstiance tie· 100-30A.4 (100-33) for penulstion to locate ncc~sso~ two-c~r garage st~ct~ in an a~a ether than the required rear yard at 700 Jackson's Landing Road, Mattituck. NY; L~ ama is nonconforming in this R-40 Zone Disttict; Map of Jackson's I~nding, Lei #7, filed in the Suffolk Ceonty Cletk's Office as Map #5280; also identified as County Tax MaD # 10(I0-113-4-9. Th~ Board of Appeals will at said time and place hear any and all persons or sentetivcs deshlng to be heard in gte above matt=rs. Wtinen ca-·menu may also be sub- mitt=d prior to gte conclusinn of lbo subject hearing. Each he·nh# will not start bdetz the times designated ·bore. For mom information, please call 765-1809. I~ted: June 24, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRIHOER CHAIRMAN STATE OF NEW YORK) ) sS: COUNTY OF SUFFOLK) / ~. ~/' I r~ i ~c_ ~ c.-~ ,~.~./of Mattituck, In said County, being duly sworn, says that he/she Is Principal Clerk of TNE SUFFOLK TIMES, a Weekly Newspaper, publIshed at Mattltuek, In the Town of Southold, County of Suffolk and State of New York, and that tho Notice of which the armoxad Is a printed copy, has been regularly published In said Newspaper once each week for ! weeks successively, commencing on the ~ 7 day of ~.~'~, Principal Clerk Swom to before me this day of ,'2 COUNTYOF SUFFOLK sst - 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, once each week for . .................. /(, , weeks clay ol .... Notary Public BARBARA A. SCHNEIDER NOIARY PUDLIO, st?re 0l New York I NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, 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, 33095 Main Road, Southold, NY 11971~ on FRI- DAY, JULY 12, 1991, commen- cng at the times spec fiedl below: 7:30 p.m. AppL No. 4033- RANDI LACALAMITA. Re- quest for variance to the Zoning Ordinance, Article [[1, Section 100-33 for approval of carport in the front yard area with reduced setbacks from tbe front .~ and side property lines. Loca- tion of Property: 1395 Henry's Lane, Pecoinc. NY; County Tax Map No. 1000-74-01-10. 7:35 p.m. Appl. No. 4028- RICHARD OLIVERL Request for varianc~ to the Zoning Or- {finance, Article 111, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear yard and side yard setbacks. Zone Distriet: R-80. Location of Pro- petty: Westerly side of Crescent Avenue, Fishers Island, NY; County Tax Map No. 1000-006-06-20.5, containing appropriation of the total balanc~ of land after acquisition by the N.Y.S. Department of En- vironmental Conservation, and requesting approval of the pm- posed building area for place- ment of principal dwelling stru~ ture with related accessory building(s), having insufficient setbacks in the front yard, rear A:I0 p.m. AppL No. 402~--~ RONALD STRITZLER. M.D. uest for vari~nc~ to the Zon- ing Ordinance, Article llI, Sec- tion 100-33 for permission to[ the ~quired rear yard on this (Recessed from June 7, 1991). ZEISLER. Request for variance (100-33) for permission to locate CHAIRMAN By: Linda Kowalski I 1X~/2'//91!~1) ] cF' ~~PEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure JUL 5 ": APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. .lames Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1.179 Southold, New York 1/971 Fax (516) 765-1823 Telephone (516) 765-1800 June 10, 1991 Ronald Stritzler, M.D. 153-07 Union Turnpike Flushing, NY 11367 Re: Appl. No. 4024 - Variance for Tennis Court Structure Property at 3055 Soundview Avenue, Mattituck Dear Dr. Stritzler: This letter will confirm that the Board Members, by unanimous vote, have postponed the public hearing on your variance application for questions concerning lighting and the particular location you chose. It is, therefore, necessary that either you or a representative appear in your behalf. The hearing will continue during the Regular Meeting held on Friday, July 12, 1991. A copy of the Legal Notice as published by our office in the Times-Review and The Long Island Traveler-Watchman, Inc. will confirm the exact time of this public hearing, and will be forwarded to you in a few days. Very truly yours, Linda Kowalski 444 Lakeville Rd. Lake Success, N. Y. 11042 (516) 358-1600 £ O NALI)~ ST-I~ R,-:iV~ I7:-: ! May 10, 153-07 Union Turnpike Flushing, N. Y. 11367 (718) 591-5500 1991 Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application #4024 - Variance for a tennis court. Dear Appeals Board Members: I am unable to be present at the hearing on June 7, 1991 because of my daughters marriage in Mattituck on June 8, 1991. I would like to reiterate that the survey when I purchased the property indicated two lots, one with a dwelling, the other a side lot with high brush and some trees. The location of the property on the ~ound nullifies placing the tennis court (or any structure) in the back yard. The general configuration of my property and the neighboring properties are such that no geologic, ecologic nor human harm nor annoyance would ensue from siteing the tennis court at the location indicated in this variance application. In fact, the court probably would not be visible from the road nor neighboring properties. Sincerely yours, Ronald Stritzler, M.D. 444 Lakeville Rd. Lake Success, N. Y. 11042 (516) 358-1600 153-07 Union Turnpike Flushing, N. Y. 11367 (718) 591-5500 1991 Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application #4024 Variance for a tennis court. Dear Appeals Board Members: I am unable to be present at the hearing on June 7, 1991 because of my daughters marriage in Mattituck on June 8, 1991. I would like to reiterate that the survey when I purchased the property indicated two lots, one with a dwelling, the other a side lot with high brush and some trees. The location of the property on the Sound nullifies placing the tennis court (or any structure) in the back yard. The general configuration of my property and the neighboring properties are such that no geologic, ecologic nor human harm nor annoyance would ensue from siteing the tennis court at the location indicated in this variance application. In fact, the court probably would not be visible from the road nor neighboring properties. Sincerely yours, Ronald Stritzler, M.D. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. .lames Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD 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 May 1, 1991 Ronald Stritzler, M.D. 51 Stirrup Lane Roslyn Heights, NY 11577 Re: Appl. No. 4024 - Variance for Tennis Court Dear Dr. Stritzler: This letter will confirm that the above application has been transmitted to the Board for review and that the public hearing on this application is expected to be held on Friday, June 7, 1991 during the evening. If your project is one in which new construction is proposed: (1) please flag the outside corners, which will be viewed by individual board members prior to the advertisement of this matter in the Long Island Traveler-Watchman and Times Review newspapers, and (2) provide photographs of this flagged area to include the existing construction, if any, for the file. A copy of the Legal Notice as published by our office will -be forwarded to you as confirmation of the exact date and time of your hearing in the near future. Please feel free to call our office at any time if you have any questions concerning the processing of your application. Very truly yours, Linda Kowalski lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 23 , 1991 T"EPE II ACTION DECLARATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4024 Project/Applicants: R0nald Stritzler, M.D. County Tax Map No. 1000- 94-l-]4 Location of Project: 3055 S0undview Ave., Mattiruck, NY Relief Requested/Jurisdiction Before This Board in this Pro~ect: Permission to locate accessory tennis court structure ]n an area other than t~e required rear yard. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Enviror~nental Quality Review Act of the Enviro~unental Conservation Law and Local Law #44~4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances detez~nines this application to fall under the established list of ~rpe II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1 I971 TELEPHONE (516) 765-1801 TO: FROM: RE: DATED: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4024, RONALD STRITZLER APRIL 10, 1991 Transmitted is application for variance submitted by Ronald Strizler, together with Notice to Adjacent Property Owners, Building Department Notice of Disapproval, Short Environmental Assessment Form, ZBA Questionaire, deed to property, and (4) four copies of the survey map. Copies of the Legal Notice for Hearings to be held 7/12/91 were sent to the following on 6/26/91 except as noted: Times-Review (delivered 6/24/91) Long Island Traveler-Watchman, Inc. (delivered 6/25/91) ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 6/24/91 Ms. Randi Lacalamita 1395 Henry's Lane Peconic, NY 11958 Mr. Paul Reich P.O. Box 384 Peconic, NY 11958 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 (for Oliveri) Steve Latham, Esq. (Re: Oliveri) Twomey, Latham, Shea & Kelley P.O. Box 398 33 West Second Street Riverhead, NY 11901 Mr. Norman Reilly, Jr. A. Reilly & Sons, Inc. P.O. Box 98 Mattituck, NY 11952 John M. Wagner, Esq. 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Tech Associates 3900 Veterans Memorial Highway Bohemia, NY 11716 Mr. and Mrs. Anthony J. Mercorella 2260 Great Peconic Bay Boulevard Laurel, NY 11948 Mr. Garrett A. Strang, P.O. Box 1412 Southold, NY 11971 R.Ao Ronald Stritzler, M.D. 51 Stirrup Lane Roslyn Heights, NY 11577 NOTICE IS HEREBY GIVEN;' ~,~u~t to Section ~7 of _~, Town. Law and thc-~¢ T,~j~n. ox Sou~old, ~e foHo~{ ~bB{ h~' Southold Town HaB, Ma~ R~d, Southold, ~ ~19~1, on ~IDAY, ~NB ~. 1991. c~anc~g at~e RICHARD OLIVB~. Req~st for vanCe to ~e ~g O~ance, A~cle ~, S~ 1~-32 for ~r- mission to locate new principal t~ct: R-80. ~ct~on ~ Westerly Si~ ~ Cr~t Argue, ~ ~, ~ ~ Bilk 6, ~.5. ~:35 p.m. Appl. No. 4026 - ~AMES ~D pA~A BOYLE. Request for v~ m ~ O~h~, A~de X~V, Sec~ 1~2A f~ ~ ~ ~e e~f n~o~f accesan~. b~dhs, ~md ~y h ~e ~de y~ ~d~ty~ ~ m ~ ~ ~M B~Y' ~, ~ h~ ~ Conse~tion (A-C). Loca~on of and ~e Bas,ray Side of a ~vato tu~ exists.) Zone District: R-40. Road, Southold, NY; County Tax Map Ho. 1000-'~-5-20.5. 7:40 p.m. Appl. No. 4025 - ESTATE ON JENN]S HARRIS by ~ Taylor. R~u=st for a vatisnce to d2e Zening OrcReance, A~cin X~', Sec~ 100-142. 100-141, 100-241A, for permission to enlarge eddstiu{ n~nceofon~ dwe~ in d~ Light p,,~d a~lhlcn bevln{ insufli~ent side and front yard set. cks. Location of P~: 21755 Co,~ty Road 11~00.9~-1-18.L 7:45 p.m. Appl. No. 4027 - HALSEY A. STAPLES. Request for variance to the Zouins Ordinauce, A~ XXVBI, ~'{,~ 100-281AG) clpai dwelling suucu~ ~ es which is noucc~fonniog and rite been beld in siflgle and separate ownership as exhts since April 9, 1957. Lot is nonconfonnlng, having a ~ lot a~ea of 33,668 sq. f~ and 25 fL frontage (width) along Middle~n Road in the Hamlet of Oreenpert. Town of Southold, NY; County Tax /~ap N~ 1000-41-2-191. 7:50 p.to. Appl. No. 4024 -'~ RONALD STRITZLER. M.D. Request for variance to the O~dlnsnce, Article I~ Section 100-33 for permission to locate accesso~ ) tann~ o~fl stmcm,~ in an ,Lrc, ~ trlct: R-SO. Location of Propers)': 3055 Soun<Jview Avcnu~ Msttitock, NY; County Tm MAp Ne. 1000-94-1- 14. 7:55 p.to. Appl. No. --CHARLES ANI~GELA KY~- AKOUDES. Rcque~or varhnce to ~he ZeGing Onfinance,~'~ficin ~ Sectien 100-239.4B for permimm to locme per~en of inSfound pool with. fence endosme and ix~on of deck. ing which will be located within 75 fee~ f~xn ~he existing bulkhead, smd. l~en of l~upetty: 142~ Kimbedy Lane, Southeld, NY; County Tan Map No. 1000-70-13-20.9. 8:00 p.to. AppL Nos. 401IV and 4010SE - Bequests by JOSEPH AND LINDA FISCHETTI concerning property known es 235 Oaklewn Avenue, Southold, NY; Co~uty Tax Map Nb 1000-61-3-3 fo~. (1) n ape- Mace u autborLzea by by ~he Board of Appeals under Afllcle Vii, Sec~ien 100-71, and, (2) if nec~s~/, · v~i- ante to establish professional and gtoe end ldnc~ bear m~y and all per- sore or ~ptesenmives desiring to be heard in the above toattor. Wtltteu comtoents ma), alan be submitted {nlor to tbe ceuciuslon e~ tbe subject hea~ng. Bach heating vdli nor strum before ~he times designated above. For mom information, please call 765-1809. Dated: MAy 10, 1991, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GI~m~ARD P. GOEHR~fGER CHAIRMA~ By Linda Kowalski 7062-1Tlv123 STATE OF NEW YORK) }SS: COUNTY OF SUFFOLK) ~,!~,~/C~ ~ ~-f-'~ ~-- of Mattltuck, In sold county, being duly sworn, soys that ho/she b Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that tho Notice of which tho annexed is a printed copy, has been reguisfly published in said Newspaper once each week for ~ weeks s~osslvely, commencing on tho ~ day of vt/u / ,g - Principal Clerk Swom to before me thb ~ ~ dayof ~./~ NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of The Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY 11971, on FRIDAY, JUNE 7, 1991, commencing at the times specified below: 7:30 p.m. Appl. No. 4028- RICHARD OLIVERI. Request for variance to the Zoning Or- dinance, Article III, Section 100-32 for permission to locate new principal dwelling structure with insufficient rear and side yard setbacks. Zone District: R-80. Location of ProPerty: Westerly side of Crescent Avenue, Fishers Island, NY; County 'Pax Map District 1000,. Section 6, Block 6, Lot 20.5:~'c 7:35 p.m. Appl. No 4026- JAMES AND PATRICIA BOYLE. Request for variance to the Zoning Ordinance, Article XXIV, Section 100-242A for permission to enlarge existing nonconforming accessory building, located in the side yard and front yard areas on this cor- ner lot. Zone District: Agricultural Conservation (A- C). Location of ProPerty: 10205 North Bayview Road and the Easterly side of a Private Road, Southold, NY; County Tax Map No. 1000-79-5-20.5. 7:40 p.m. Appl. No. 4025- ESTATE OF JENNIS HARRIS by Robert Taylor. Request for a variance to The Zoning Or- dinance, Article XIV, Section 100-142, 100-141, 100-241A, for permission to enlarge existing noncomforming dwelling in this Light Industrial (LI) Zo~ District with a proposed addi- tion having insufficient side and front yard setbacks. Location of Property: 21755 County Road 48, Cutchogue, NY; County Tax Map No. 1000-96-1-18.1. 7:45 p.m. AppL No. 402% HALSEY A. STAPLES. Re- quest for variance to the Zoning Ordinance, Article XXVIII, Sec- tion 100-281A(7) for Permission to construct new principal dwell- ing strttcture upon premises which is nonconforming arid has not been held in single and separate ownership as exists since April 9, 1957. Lot is non- conforming, having a total lot area of 33,668 sq. ft. and 25. ft. frontage (width) along Mid- dleton Road in the Hamlet of Greenport, Town of Southold, NY; County Ta~ap No. /""5:50 p.m. Appl. No. ' RONALD STRITZLER, M.D. Request for variance to the Zon- ing Ordinance, Article Ill, Sec- tion 100-33 for permission to locate accessory tennis court structure in an area other than the required rear yard. Zone District: R-80. Location of Pro- perty: 3055 Soundview Avenue, Mattituck, NY; County Tax Map No. 1000-94-1-14. ~7:55 p.m. Appl. No. 4029- CHARLES AND ANGELA KYRIAKOUDES. Request for variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4B for permission to locate portion of inground pool with fence enclosure and por- tion of decking which will be located within 75 feet from the existing bulkhead, and with a distance shown at 75 feet from the rip-rap which is between the bulkhead and the meafic highwater mark of Southold Bay. Or, an Interpretation as to which structural point the 75 ft. setback requirement shall be from (particularly where more than one structure exists.) Zone District: R-40. Location of Pro- petty: 1425 Kimberly Lane, Southold, NY; County 'Pax Map No. 1000-70-13-20.9. 8:00 p.m. Appl. Nos. 4011V and 4010SE- Requests by' JOSEPH AND LINDA FISCHETTI concerning pro. perty known as 235 Oaklawn Avenue, Southold, NY:.County Tax Map No. 1000-61-3-3 for: (1) a Special Exception to the Zon- ing Ordinance as authorized by the Board of Appeals under Ar- ticle VII, Section 100-71, and, (2) if necessary, a variance to establish professional and business office use on this 11,656r sq. ft. nonconforming patchY? Zone District: Residential-Office (RO). The Board of ApPeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more in- formation, please call 765-1809. Dated: May 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN \~b By: Linda Kowalski IX-5/23/91(62} COUNTY OFSUFFC STA'I'['~ OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG iSLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been .published in said Long Island Traveler. Watchman once eacl~ week for ..................... ./. .... weeks Sworn Io before me Ibis ..................... clay or Notary Public BARBARA A. SCHNEIDER NOIARY PUBLIC, SlTte ot New YorX No. 4806840 Qualified in Suffolk Cotjnty/ Commission Expires 0°/31p,2. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765- 1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible). 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, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies of the Legal Notice for Hearings to be held 6/7/91 were sent to the following on 5/14/91: Times-Review Long Island Traveler-Watchman, Inc. ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 5/13/91 Stephen L. Ham III, Esq. ~-~ D~i~' 45 Hampton Road Southampton, NY 11968 Steve Latham, Esq. ~ ~ Twomey, Latham, Shea & Kelley P.O. Box 398 33 West Second Street Riverhead, NY 11901 Mr. and Mrs. James Boyle 10205 North Bayview Road Southold, NY 11971 Environment East, Inc. ~ ~"~'~' £~-~ RR #3 - 3075 Indian Neck Lane Peconic, NY 11958 Mr. Halsey A. Staples 29 Middleton Road Greenport, NY 11944 0Ronald Stritzler, M.~.~ 51 Stirrup Lane ,/I SLi~N Heights, NY 11577 Mr. Michael A. Michel, ASLA Michel & Associates 9 Village Square Glen Cove, NY 11542 Mr. and Mrs. Joseph Fischetti, 1725 Hobart Road Southold, NY 11971 Jr. 4000 w. !"' AVENUE #~VI$1ONS' YOUNG & YOUNG . ~'.~V;~'I ........ ~ ........... . ........... .... RONALD ~T MATTITUCK ' TOWN OF SO~THOLD SHORT E~)/IRONMENTAL ASSESSME~JT FOR~I For UNLISTED ACTIONS Only PART I_PROJEcT INFQRMAT[oN (To be comn;eted by AODlic~nt or Project 'KS ' c--~- -i::ennfS Cg,..., ~,A'- ' or', THE ACTIOt~, HAVE A CURRENTLY VALID PER~.TIT Off APPROVAL? [] ¥,s ~o ACtion WILL EXISTSNG PERMITIAPPROVAL 'REOU~nE t, lOOIFICAi' ON~ - ~ ' "'"" I~ In the Coastal Are;]. and You are. ~ - .......... ~'" ~'~~~'~ '"~ I OVER ' ~'~ -~s~t ~ 1 (Continued on re~zer=e s~de} 2. ~iZl there be a ma~ot chnn~o co any unicue o~ Will PrOject have a m~jo~ e~fecc on exi=cinq or ~ill Pco~ec: reqularly Cauue ob~ec:ionablo odor=, 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 ~e attached.) B. Is the subject premises listed on the real estate market for sal~or being shown to prospective buyers? { } Yes {v'} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there/ny proposals to change or alter land contours? { } Yes {%/}No D. 1. Are there any areas which contain wetland grasses? ~ ~ 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? ~0 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its of jurisdiction?NO ~ /~¥a~ ~uv~/~ determination E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea (If not applicable, state "N.A.") level? ~ ~ C~ S~¥~% ; F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? ~Q If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~O 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 I. Please list present use or operations conducted at this parcel 1~9~lemc~. and. Authorized ~igna~uie ar~ 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. Ne. 2-1976; 3-26- 85 by L.L. No. 6-1985]: '-~' ~ "~ ~ "' ~ ~ ~ ~T- ~-~DAL WETLANDS: ~ (1) All lands generally covered or intermittently coy- 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 cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to 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. B. FRESHWATER WETLANDS: "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 immediately adjacent to a ~freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2- 2~- ss CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THL5 INDENTURE, made the l~th day of March , nineteen hundred and seventy-three BETWEEN LOUISE SI~JRDSON, individually ~nd as ldministratrix w~th the Will ~nnexed, of Frances Ao Greenwood, Deceased, residing at #?00 Fl:. Washington Avenue, New York, N.Y. 10040, paxty o£ the first part, and RO~ALD STRITZLER~ residing at 51 Stirrup Lane, Roslyn Heights, New York party o£ the second part, wrrNF_~.~ETH, that the party of the first part, in consideration of 5U;IDRED' ~' "and 00/100 .......... ($82,500.00) ..................... lawful money of the United States, and other good and valuable consideratim~. ~paid by the party of the second part, does hereby grant and release unto the party of the second part, tbs beg.rs or successors and assigns o£ the party of the second part forever, lying ALL that certain ~ot, piece or parcel of land, with the buildings and imi>rovements thereon erected, situate/ at Mattituc~, in the Town of Southhold, County of Suffolk and State ~of New york, bounded and described as follows: BEGINNING at a point for~ed by the intersection of the northerly line of Sound View Avenue ~rith the westerly line of the land of R. Matalene foz~erly of A.H. Nahler, and running thence from said point of beginni~ South 88 degrees 40 a~tnutes West along the northerly line of Sound Vie~ Avenue 195.10 feet to a~onument; TltENCE South 73 degrees 18 ~tnutes O0 seconds West still along the northerly line of Sound View Avenue 143.95 fee~ to a ~ontment and la~d now or formerly of RodneyW. Kingl THENCE North 21 degrees 36 ~tnutes O0 seconds West along last mentione- land and passing thru a mon,,-ent 459.82 feet to the average high water ~ark of Long Island Sound; THENCE Wortheasterly along the said average high water ~ark of Long Island Sound the following two tie line courses and distances: (1) North 65 degrees 05 s~tnutes 20 seconds East 120.97 feet; (2) North 57 degrees 50 ~nutes 20 seconds East 313.68 feet to land now or formerly H. Matalene, formerly of A.W. Mahler; THENCE Southerly along last mentioned land, the following three (3) courses and distances: ~' (1) South 26 degrees 24 minutes O0 seconds East, 273.97 feet; (2) South 0 degrees 23 minutes 00 seconds East, 177.50 feet; (3) South & de~rees 10 minutes 00 seconds East 173.02 feet to the northerly line of Sound View Avenue, at' the point or place of BEGINNING. TOGETHF_~R with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises hereii~ granted unto' the party of the second part, the heirs or successors and assigns of the party of the s~comi part forever. SUBJECT to the interest ~ a portion of said. premises)of ~ita C. Sheffield under the Last Will and Testament of Frances A. Greenwood deceased dated April 25, 1968 admitted 'to Probate by the Surrogates Court~ County of New York. AND the party of bhe first part covenants that she has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF.,~ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Louise Sigu~son, individually and as Administratrix with the Will annexed, of Frances A. Greenwood, deceased. STATE OF N~=~ YORK, COUNTY OF SU~FO~ On the 15bhday o~ i~arch, 197P personally came Louise Sigturdson , before me to me known to be the individual described in and who execnted tbe foregoing instrume~ and acknowledged~at l~dt ary Public STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which erecuted the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporateU~eal; that it was so affixed by order of the board of directors of said corpora- tion, and thxt he signed h name thereto by like order. STATE OF NEW YORK. ¢OUN~F ss: On the day of 19 , before me personally came to me known to be the individnal described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORIC, COUNTY OF ss: On the day of 19 , before me personally,~ came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows . ~' - ~ ' to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness~ was present and saw execute the sgme; and that he, said witness, at the same time subscribed h name as witness thereto. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigo~s, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516~ 7:5-18~D  ACTION Appl. No. 4003: BOARD OF APPEALS TOWN OF SOUTHOLD 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 Matter Of DAVID J. STRUPP. Variance to the Zoning Ordinance, Article III, Section 100-33 (100-30A.4) for permission to locate accessory tennis court and croquet court in an area other than the required rear yard. Location of Property: Private Road, Fishers Island, NY; County Tax Map District 1000, Section 103, Block 3, Lot 005; also referred to as Lot 6 and 5C, Block 18, Map of Chocomount 2. WHEREAS, a public hearing was held on February 22, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the R-120 Zone District at Fishers Island, with frontage along two sides by a private road and frontage along the northwesterly section by Fishers Island Sound. 2. The subject premises consists of an area of approxi- mately 6.58 areas and is improved with a residence and 31' x 21' garage, accessory swimming pool, two accessory sheds (one of which is to be removed). 3. Proposed by this application is the location of a 60' by 120' tennis court enclosed with a wire fence at a height of 10 feet which is requested at eight (to ten) feet from the northerly property line and at a distance of more than 75 feet Page 2 - Appl. No. 4003 Decision Rendered February 22, Matter of DAVID J. STRUPP 1991 from the freshwater wetlands area just southeast of the tennis court area. Also proposed by this application is the location of a croquet court which will consist of an enclosed putting green surface surrounded by two curbings, neither of which will exceed 12 inches in height (and may contain planters for screening and landscaping). Both courts are more particularly shown on the topographical map prepared by Chandler, Palmer & King dated January 3, 1990 and amended lastly July 3, 1990 (#53285). 4. Article III-A, Section 100-30A.4, and Article III, Section 100-33, provide that accessory buildings be placed only in the required rear yard. The subject parcel is considered by the zoning definitions (100-13) a corner lot, having two or more front yard areas. 5. It is the position of this Board in considering this application that: (a) the circumstances are uniquely related to the land and are not personal in nature; (b) the relief is not substantial and is the minimal necessary under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood; (d) the relief requested in not unreasonable; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties. Accordingly, on motion by Mr. Doyen, seconded by Mr. Goehringer, it was RESOLVED, to GRANT permission in the Matter of the Application of DAVID J. STRUPP under Appeal No. 4003 for the placement of two accessory court structures in the front yard area as noted in paragraph 3, supra, and subject to the following restrictions: than ten eight); That the accessory tennis court be set back not closer (10) feet to the northerly property line (instead of 2. That the accessory structures not be roofed or enclosed with walls (with the exception of the fence area requested; Page 3 - Appl. No. 4003 Decision Rendered February 22, Matter of DAVID J. STRUPP 1991 3. That lighting, if any, must be shielded to the property and not be adverse to neighboring properties or traffic in the area. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN MARUSEVICH ANNE ................................. ~ ~-r~--~ ..................................... J~--~,~ ~s~o ~NE~TE ................................. :--':] .............................. ~3~J) ......... ~l D )&.-1-))~ - ~LER J~N ~ ~ WF ........ ---~-~T'C?C~-T, .......................................... ~ ~~ ~o~ ...................... :-=---: ............................. ....... ::T ................... T .......................... ~.~_ ~ VA~ ~ ST ........ ~ ........................ ;-:~';==:-== ..... ;;'=:'~==;;.-'~- NE~ Y~K N~ 1001~ NEW YORK NY 10,713 ~'~ .............................. '--'~:~ .... '::~T~-::~T~-:~:-~,'-:: ......................................................... R-~80 ,/,/ // ,' TOWN CLERK TOWN OF .~)UTItOLD $outhold, N. Y. 11971__~-Z-~-~19~/f ~/ / ~ ' Ju~lh T. ~r~, Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ intention of the undersigned t'~'Peli'don the Board of Appeals of the Town of Sou~hold to request a {(~ariance~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 3c>$-g gcuv~&vle~a ~v~ ) 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That b% such Petition, the undersigned will request the following relief: ~ V~la~C~ _ &~- 5. That the pr6visions of the Southold Town Zoning Code applicable to the relief sought by the u~der- signed are ~cle ~ ~c~on /Ou- ~ ~ [ ] Section 280-A, New York Town Law for appr0va] of access over rJght(s)-of-way~ 6. That within five days from the date hereof, a writte~ Petition requesti~ the relief s~cifi~ above will be filed in the Southoid Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Owners'Names:.-~ c~ (~J Post Office Address Tel. No. (5-/G) [Copy of sketch or plan purposes.] showing proposal to be attached-fO~?"b~.,e.aience N_~M~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIP'L~S ADDRESS P '211 435 587 ~_. Certified Mail Receipt ~ No ~nsurance Coverage Provided ~--~L~'~Do not use for International Mail ............ (See Reverse) Sent to Special Delivery Fee / ~ P 711 435 5a6 Certified Mail Receipt Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to Street & NO PO State & ZIP Code Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered P 711 435 588 Certified Mail Receil: Insurance Coverage Provide ~ DO not use for International Mail .......... (See Reverse) PO 7~tme & ~mP Code Codified Fee I STATE OF NEW YORK ) . ' , ~b~k~ ¢' ".~ . ~SS~ .bein~duly~orn depos~and~ysthat on[he~ ,day %b9%k,~ ~%'*~ ' ~19'n k ,deponent mailedatruec°py°ftheN°ticesetf°rth°nthere' of ~ ~ ~ % % to each of th~-named persons at the addresses set opposite thmr r~pectwe verse side hereof~directed on names; tha~ the addresses set opposite the names of said persons are the addresse~ of said persons as shown he Town of 5outhold; that said Notices were mailed at the Unhed States Post Of- the current ass~sm~n~ roll ~ t .... k., .:ia NO ices were mailed to each of said persons by rice at Sworn to before me this day of..-- ~ ~- Notary Public(,, (This side does not have to be completed on form transmitted to adjoining property ownerS.)