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HomeMy WebLinkAbout4034APPEALS 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 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 4034: Application of 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 (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 Edgemere Park; County Tax Map Designation 1000-145-4-4. WHEREAS, a public hearing was held on July 12, 1991, at which time all those who desired to be heard were heard; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The premises in question is located along the south side of Peconic Bay Boulevard and the westerly side of Edgemere Avenue, Laurel, and is identified on the Suffolk County Tax Maps as District 1000, Section 145, Block 4, Lot 4. The entire premises consists of an area of approximately one-half acre and is improved with a single family dwelling and small storage building, all as shown on the sketched site plan submitted with this application. 2. The construction proposed by this variance is for a modification of the original construction plans submitted under Appeal Application No. 3944, which plan was filed on April 30, 1990 and conditionally approved by the Board on July 11, 1990. Page 2 - Appl. No. 4034 Matter of kNTHONY & MARIA MERCORELLA Decision Rendered July 12, 1991 3. One of the conditions rendered on July 11, 1990 included the restriction that the garage structure not exceed one-story in height and be used only for storage purposes, as applied. 4. The areas affecting the original variance and shown on the newly amended plan are a dormer at the proposed upper level which raises the height to more than one level or one story to 18 feet, and proposed sink and lavatory facilities (half bath). 5. Section 100-33 of the Code permits accessory buildings and structures which are located in the required rear yard, without a variance, at a height not to exceed 18 feet. 6. In considering this application, the Board finds: (a) that the relief requested is minimal under the circumstances; (b) that the amendments as applied herein will be consistent with the purpose and intent of accessory buildings, since it will be an incidental and ancillary use only to the main residence, and will not be used for habitable, sleeping, business, or other uses which are prohibited in accessory structures; (c) that the plight of the owner is not due to personal problems and the difficulties claimed are uniquely related the land; (d) that the variance, as conditionally granted, will not alter the essential character of the immediate area; (e) that in considering all of the above, the interests of justice will be served by conditionally approving the requested variance, as noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT permission to amend building plans for a 24 ft. x 30 ft. accessory garage building for the addition of a dormer, sink and lavatory (facilities for a half bath), as Page 3 - Appl. No. 4034 Matter of ANTHONY & MARIA MERCORELLA Decision Rendered July 12, 1991 applied and subject to the following CONDITIONS: 1. That the garage structure remain as an accessory, incidental to the main dwelling structure and not be converted to habitable or sleeping quarters, business use or other use which are prohibited in accessory buildings; 2. That the garage structure height not exceed 18 feet maximum; 3. No heat (as applied); 4. That the there be no utilities, except for electrical utilities and limited plumbing for the sole purpose of a sink and lavatory (as applied); 5. That there be no enlargement, increase in size or expansion, except by approval of the Board of Appeals by separate application; 6. That the garage doors face the southerly direction of the property; and 7. That the accessory building remain 15 feet from the front property line along Edgemere Avenue and 12 feet from the front property line along Peconic Bay Boulevard. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Member Grigonis was absent due to hospitalization. ) This resolution was duly adopted . Town Clerk, Town of Southold 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 $OUT~OLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (51.6) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS ~t 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, ~ection 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). gage 3 - Legal Notic 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 othe~ structural modifications as shown on a new construction plan (including plumbing 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, Southotd, NY; County Tax Map No. 1000-71-1-6, containing 28,250 sq. ft. in total area. 8:10 p.m. Appl. No. 4024 - RONALD STRITZLER, M.D. Request for variance to the Zoning Ordinance, Article III, Section 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'- 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 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 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ...... ...~. ~'.-...~.~.. .... v.'v.u. ...... PLEASE TAKE NOTICE that your application dated..-C~.' · .... .~ ........... ,19 ~.~.. for pe~it to ~.~. ~. ~..~$.~. ~.~..<<;~..~..~.~. ~ .... at~ Location of Property '~:' ~ ~m ~'~ "'~?' ~'~' '~'~''' ' ~ Cou.ty Tax Map No. lO00 Sootio... 1.~ ...... ~]oCk .... ~. ~ ....... Lot a 4 Subdivision ................. Filed Map No. : ............... Lot No .................. is returned herewith and disapproved on the following grounds..{,~...' .~...~...~.x~.. ~..~...I..e~.'. RV 1/80 Building Inspector DATE /S :5'- ?'/ . TO THE ZOI~I'ING BOARD OF APPEALS, TOWN OF SOUT~H?LD, N. Y. ,, ...... Name of App.ellor~t t ~ Street and Number ............ k..A.. ................................. ....................................................... .ER.Y APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ~L ~.~ .A~ ~-/~.~ APPLICATION FOR PERMIT NO ..................................... DATED ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ,___ Name of Applicant f9r per. mit, / / o, Street and Number Municipali~ State PERMIT TO USE ' - / __Street /H ¢ / U~ District ~ Z~ing Mop Di stri ct 1000 Section146 ~ oc~Lot~k ~, ...., ~,,~~ F/AVJA ~J~J,A ...................................................... E~i"% ............................... ' .............. - ' '~-' ~ ~"" ' Map No. N. Prior Ow.er~/~ ~ ~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and,Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ Section IO0-~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (/~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal(~(has~/(has not) been made with respect to this decision of the Building inspector or with respect to this property. v Such appea~ was ( ) request for a special permit (/~) request for a varia~ce~q/~j~. .~..~.....~... i{t ~.~ ~~~~ _ ~d was made in ~pea] No ................................. Dated ............. ~,~:/,~ REASON FOR APPEL ( ) A Variance to Section 280A Subsection 3 ~) A Variance to the Zoning Ordinance REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unn.eces- 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE ~ota ry Pubhc CYNTHIA S POWERS ~ Public, State of New York Ne. 60-4753069 Qualified in Wet ~'cheeter Coupty OWNER ~,' TOW~ :OF SOUTHOLD Ri~Si '] LAND /~'~ : ,2. 2t o o AGE NEW FARM Tillable 1 Tillable 2 Tillable Woodland Swampland Brushland House Plot SEAS. VL. IMP. [o00 0 NORMAL Acre Tbtal STREET N TOTAL ~'~oO V FA RM DATE BUILDING CONDITION B E LOW A B OV E Value Per Value Ac re PROPERTY RECORD CARD VILLAGE SUB. LOT / ,~ II ~'/¢( ,,,~ ,,. ..'~.'/c E ACR. I W TYPE OF BUILDI~? ,,i/O.--~. :OMM. CB. MISC. Mkt. Value FRONTAGE ON FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR TRIM M. Bldg. £t :&?~'F :- ~_,~ 2~.~o /~,~,,~ Foundation (c~"~ Bath L Dinette , EXtension ~ ~ ~ ~ ~ ~ .... ~ Basement 'SL~B Extension Extension Fire Place ~ Heat ~0~t~ . D.R. ~A/~ Deck Attic Breezeway Rooms 1st Floor Garage Driveway Rooms 2nd Floor Pool DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ 360-5206 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. Applicant(s) S/~ttzler, Ronald, M.D. f~Mercorella, Anthony & Maria Municipal File Number(s) 4024 4034 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI,, NEW YORK ! 1788 (~1 G) 360-5 ! 92 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. ' Robert A. Villa Telephone (516) 765-1809 BOAR]I) OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article 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 Southold Town Building Inspector~ Special Exception, Article , Section Special Permit Appeal No.: 4034 Location County Within Applicant: of Affected Land: Tax Map Item No.: 1000- 145-4-4 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway,'Highway, ANTHONY AND MARIA MERCORELLA 2260 Peconic Bay Blvd., Laurel, NY Thruway Boundary of Existing or Boundary of Existing or Other Recreation Area Proposed County, State or Federally Owned Land Proposed County, State or Federal Park or or COMMENTS: #3qaa tn ~_vard Copies Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. Applicant add second of Town is requesting permission floor to two car qara§e or Drainage Channel Established Channel tO ~gnd ~u~nH~ variance' located in other than rear file and related for your review. Dated: July 19, 1991 doc umen Page 3 - Appl. No. 4034 Matter of ANTHONY & MARIA MERCORELLA Decision Rendered July 12, 1991 applied and subject to the following CONDITIONS: 1. That the garage structure remain as an accessory, incidental to the main dwelling structure and not be converted to habitable or sleeping quarters, business use or other use which are prohibited in accessory buildings; 2. That the garage structure height not exceed 18 feet maximum; 3. No heat (as applied); 4. That the there be no utilities, except for electrical utilities and limited plumbing for the sole purpose of a sink and lavatory (as applied); 5. That there be no enlargement, increase in size or expansion, except by approval of the Board of Appeals by separate application; 6. That the garage doors face the southerly direction of the property; and 7. That the accessory building remain 15 feet from the front property line along Edgemere Avenue and 12 feet from the front property line along Peconic Bay Boulevard. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. (Member Grigonis was absent due to hospitalization. ) This resolution was duly adopted APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOA~ O~ A~PEALS TOWN O~ 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 July 18, 1991 Mr. and Mrs. Anthony J. Mercorella 2260 Great Peconic Bay Boulevard Laurel, NY 11948 Re: Appl. No. 4034 - Variance for Modification to Garage Plan Dear Mr. Mercorella: 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Origonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 ?, BOARD OF APPEALS TOWN O~F 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 Appeal No. 4034: Application of 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 Appi. 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 (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 Edgemere Park; County Tax Map Designation 1000-145-4-4. WHEREAS, a public hearing was held on July 12, 1991, at which time all those who desired to be heard were heard; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. The premises in question is located along the south side of Peconic Bay Boulevard and the westerly side of Edgemere Avenue, Laurel, and is identified on the Suffolk County Tax Maps as District 1000, Section 145, Block 4, Lot 4. The entire premises consists of an area of approximately one-half acre and is improved with a single family dwelling and small storage building, all as shown on the sketched site plan submitted with this application. 2. The construction proposed by this variance is for a modification of the original construction plans submitted under Appeal Application No. 3944, which plan was filed on April 30, 1990 and conditionally approved by the Board on July 11, 1990. Page 2 - Appl. No. 4034 Matter of ANTHONY & MARIA MERCORELLA Decision Rendered July 12, 1991 3. One of the conditions rendered on July 11, 1990 included the restriction that the garage structure not exceed one-story in height and be used only for storage purposes, as applied. 4. The areas affecting the original variance and shown on the newly amended plan are a dormer at the proposed upper level which raises the height to more than one level or one story to 18 feet, and proposed sink and lavatory facilities (half bath). 5. Section 100-33 of the Code permits accessory buildings and structures which are located in the required rear yard, without a variance, at a height not to exceed 18 feet. 6. In considering this application, the Board finds: (a) that the relief requested is minimal under the circumstances; (b) that the amendments as applied herein will be consistent with the purpose and intent of accessory buildings, since it will be an incidental and ancillary use only to the main residence, and will not be used for habitable, sleeping, business, or other uses which are prohibited in accessory structures; (c) that the plight of the owner is not due to personal problems and the difficulties claimed are uniquely related the land; (d) that the variance, as conditionally granted, will not alter the essential character of the immediate area; (e) that in considering all of the above, the interests of justice will be served by conditionally approving the requested variance, as noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT permission to amend building plans for a 24 ft. x 30 ft. accessory garage building for the addition of a dormer, sink and lavatory (facilities for a half bath), as Page 3 - Appl. No. 4034 Matter of ANTHONY & MARIA MERCORELLA Decision Rendered July 12, 1991 applied and subject to the following CONDITIONS: 1. That the garage structure remain as an accessory, incidental to the main dwelling structure and not be converted to habitable or sleeping quarters, business use or other use which are prohibited in accessory buildings; 2. That the garage structure height not exceed 18 feet maximum; 3. No heat (as applied); 4. That the there be no utilities, except for electrical utilities and limited plumbing for the sole purpose of a sink and lavatory (as applied); 5. That there be no enlargement, increase in size or expansion, except by approval of the Board of Appeals by separate application; 6. That the garage doors face the southerly direction of the property; and 7. That the accessory building remain 15 feet from the front property line along Edgemere Avenue and 12 feet from the front property line along Peconic Bay Boulevard. vote of the Board: Dinizio and Villa. hospitalization.) lk Ayes: Messrs. Goehringer, Doyen, (Member Grigonis was absent due to This resolution was duly adopted APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF 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 ACTION OF THE BOARD OF APPEALS Appl. NO. 3944 Matter of ANTHONY MERCORELLA. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved for permission to construct a two car accessory garage in the front yard area. Proposed construction only permitted in the required rear yard. Property Location: 2260 Peconic Bay Boulevard, Laurel, County Tax map No. 1000, Section 145, Block 04, Lot 04~ WHEREAS, a public hearing was held and concluded on June 27, 1990 in the matter of the Application of ANTHONY MERCORELLA under Appeal No. 3944; and ~ WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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 along the south side of Great Peconic Bay Boulevard, Hamlet of Laurel, and is identified on the Suffolk County Tax Maps as District 1000, Section 145, Block 4, Lot 4. 2. This is an application for Variances from the Zoning Code Article III, Section 100-33, for permission to construct an accessory garage in the front yard area. Proposed construction only permitted in the required rear yard. Page 2 - Appl. No. 3944 Matter of ANTHONY MERCORELLA Decision rendered July 11, 1990 3. Article III, Section 100-33, Accessory buildings, in the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 District, accessory building and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Such buildings shall be set back no less than three (3) feet from any lot line. C. Ail such buildings more than forty percent (40%) yard. in the aggregate shall occupy not of the area of the required rear 4. The subject premises is ~mproved with a one (1) story framed dwelling and contains an area of .493 acres in this R-40 Zone District. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed accessory garage in any other location on the premises will require other variance relief; (c) that the area chosen for the deck is not unreasonably located; (d) that the Variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or the order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen it was Page 3 - Appl. No. 3944 Matter of ANTHONY MERCORELLA Decision rendered July 1t, 1990 RESOLVED, to GRANT a Variance in the matter of the application of ANTHONY MERCORELLA, under Appeal No. 3944, SUBJECT TO THE FOLLOWING CONDITIONS: That the 24 X 30 accessory garage remain 15 ft. from 1. Edgemere Avenue and 12 ft. from Peconic Bay~.story in 3. That the garage doors face the southerly direction of the property and that any lighting be shielded to the property. 2. That the accessory garage not exceed one (1) height and be only used for storage purposes. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Doyen (Absent Joseph Sawicki due to illness). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIMI{AN ,I .l PERMA-SIIIELD' CIRCLE TOP WINDOW-CASEMENT AND AWNING SIZES PERMA-SIIIEL[I° CIRCLE TOFWINI.~OW-NARR(~.INE- SIZES - . . 38 DAY TEST AlS, D~AI~, F~RICA~D ~ ~ P~ ~SC. 11. BEIDGIIlO TO BE EI'~,isi~ SO~.I9 OR 1' · .3" Oil IS GA. CROSS BRIDGIEG, I~T EXCEEDING 8'-4' 14. 15. ~8~VATX~ ~, 20. 13r s~ Of fLMJ"~I OIADg COESTIUCTIOW PROVIDE p~RXHETEI IIGID IMSULA~IOII l-lO.O '1 · HAASE '. ~ ~ BRUDI , ~maoelales 'p.e. , ARCHi i-C¥~ & PLANNERS 3900 Vem,l-lgkq. Behemtl; N.~ 11716 !516467-9200 : . } ,:. · -'516467-320t TRANSCRIPT OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF FRIDAY, JULY 12, 1991 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, County Tax Map No.: 1000-74-1-10 Peconic, NY 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 GOE~RINGER: 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 Southotd Z.B.A. CHAIRMAN, cont'd: northwest side. 5IR 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. CHAI~ 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, County Tax Map No.: 1000-6-6-20.5 Fishers Island, NY 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. CHAIRM3%N 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 GOEHRINGER: What kind of foundation will it be? MR REILLY: It will be according to the building codes of the Town of Southold, 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 GOEI~RINGER: 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 questions? 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.: 1000-32-1~part 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: It's so nice to see you again. How are you? 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 smalier 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. CHAIRMAN 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 GOEERINGER: Oh, the envelope. MR ANGEL: We could scale that off. 40 or 1 inch equals 100. It's 140, 1 inch equals 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 n~mber 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. I see it now. back to the first map. 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 GOE~RINGER: 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 dwHlling 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. CHAIRF~%N GOEHRINGER: Will the building be heated in any way? MR MERCORELLA: No sir. CHAIRMAN GOEHRINGER: 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, County Tax Map No.: 1000-71-1-6 Southold, NY 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 ~eet 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 CHAIRMAN, cont'd: this and surrounding properties in the area. How are you Mr. Strang? MR STRANG: I'm fine thank you~ yourself? CHAIRMAN 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. CHAIRMAN 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 tha~ 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. CHAIRMAN GOEHRINGER: Okay and what is the purpose of the 4 Page 17 - July 12, 1991 Public Hearing - Mr. and Mrs. Southold Z.B.A. Eugene Croasdale 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 particula~ 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. Southold Z.B.A. Eugene Croasdale 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 GOF2~RINGER: 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 GoE~RINGER: 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 later. ~ 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. CHAIRMAN 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, Southold Z.B.A. M.D. DR. STRITZLER, cont'd: this however you wish. CHAIRMAN GOEHRINGER: Why don't you address that issue of why you selected that area. ~ 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, M.D. Southold Z.B.A. CHAIRMAN 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 GOEMRINGER: Okay. MEMBER VILLA: buildings. It's the same height as all the other CHAIRMAN GOEHRINGER: Ail the other attached buildings. Okay and what's the approximate size 20 X 20? MR ZEISLER: 20 X 20. it's going to be on a picture? And we're not doing any excavating, slab. Do you want to see a nice CHAIRMAlq 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 GOE~IRINGER: 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 ) l~-:'~-:i '::~'; }! ~,,/, ;::. ,;X,;quesungapprovalsofther~ducedlot'., /') ....... ~- -:: I area and depth of Parcels I and 2, which nonconformities n:rnain in pti- ~, vate ownership following ap- NOTICE OF HEARINGS -- NOTICE IS HEREBY GIVEN, rsuant to Seetiotl ~7 of the Town ,w and the Code of the Town of ,uthold. the following matters will held for pubEc hearings before the )UTHOLD TOWN BOARD OF ~PEALS at the Southold Town dl, 53095 Mm Road. Southold, ( 11971, on FRIDAY, JULY 12, · 11, commencing at the time speci- d below: 7:30 p.m. Appl. No, 4033 -- ~NDI LACALAMITA. Request for nance to the Zoning Ordinance. ticle HI, Section 100-33 for ap- ,val of caq~ort in the front yard a with ~cduccd setbacks from the ,at ~ side ptol~y lines. Locatim Property: 1395 Henry's Lane, conic, NY; County Tax Map No. '30-74-01-10. 1:35 p.m. Appl. No. 4028 -- CHARD OLIVERI. Requ*et for fiance to the Zoning Ordinance, ::cie ITl, Section 100-32 for per- ssion to locate new principal eiling structure with insufficient .,r yard and side yard setbacks. ne District: R-gO. Location of ~-~rty: Westerly Side of Crescent enue, Fishers Island, NY; County ~. Map No. 10004}06.06-20~5, c~m- ::ing 2+ acres. ":45 p.m. AppL No. 4036 -- .LEN BRALrNSTE~N. Request for ~ance to the Zoning Ordinance, '.icle i~A, Section 100-30.A3 to ~struct addition to dwelling with a iuced mr yard setha~ ~m tl~ cor- r lot. Lot am is nonconfonidng in ~ R-40 Zone District. Location of ~erty: Corner of Wendy Drive and =onic Bay Bonlevmd, Lau~l, NY; ~unty Tax Map No. 1000-128-5-7. so referred to as Lot #A' on the ~p of Rollingwo~l Estates. ?:50 p.m. AppL No. 4032 -- ARY AND PETER BLANK. Local: (a) under A~ele H, Section 0-23, Article I~r, Section 100-32 d Bulk Schedule, Column %," re- propriation of the total balance of land after acquisition by the N.Y.S. Department of Environmental Con- setvatio/L and ~eque~ting a~0rovul of the pre~osed building arcs for place- ment of principal dwelling structure with related accessory building(s), having insufficient setbacks in the front yard, ~ear yard and lot coverage in excess of the five (5%) percent limit, and Co) under New York Town Law, Scctio,a 2~O-a, interpreting non- jurisdiction or othenvise detomqining access app~wL Location of Proper- ty: AI~g Peter's Neck Roed, extend- ing appre~matcly 2900 fe~t south of King Steer, Hamlet of Orient, Town of Southold, NY; County Tax Map Pamel Nos. 1000-32-l-part of 2 //~ aiso Lot 3 (ROW). 8:00 p.m. Appl. No. 4034 -- lANTHONY AND MARIA MER- CORELLA. Request for variance to the Zoning Ordinance, Article HI, Section 100-33 for permission to ~mend previous variance application and decision rendered July 11, 1990 under Appl. No. 3944 in order to locate two-car garage building, with paniai enin~ement for a second floor with windows, and other structural modifications as show~ on a new con= struction plan (including plumbing facilities for a half bath), in an area other than the required rear yard. Location of Property: 2260 Pecocic Bay Boulevard, Laurel, NY; also known as LOt 19 ~ the Map of Edge- mere Park; County Tax Map No. 1000-145-4-4. 8:05 p.m. AppL No. 4035-----MIL AND MRS. EUGENE CROAS- DALE. Request for a varian~ to the Zoning Ordinance, Article IliA, Sec- tion 100-30A.3 to permit athEtion to dwelling with insufficient front and side yard setbacks. Pt~mises is non- coufonning as to lot am 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. 10(]0-71-1- 6, containing 28,250 sq. ft. in total a~. 8:10 p.m. AppL No. 4024 -- RONALD STRITZLER, M.D. Re- qdeet for vafianc~ to the Zoning Ordi- n~ace, Article III, Seclien 100-33 fc~ pannlsslon to locate acce~so~ tennis court stnJetust", in an &rea other than the required rear yard on this 4.9-~ acre parcel. Location of PrOperty: 3055 $oondvieW Avenue, Mettituck, NY; County T~x Map No. 1000-94-1- 14. (Recessed from line 7, 1991) 8:15 p.m. AppL No. 4037 -- JOHN AND RICHARD ~'I~tRLER. Request for vafian~ to the Zoning Ore, nonce, A~icle 'flTA, Sec- tion 100-30A.4 (100-33) for permission to locate acce$~o~/two-car garage stractor~ in an are~ other than the teqcircd rear yard at ' 700 lackson's Landing Road, Mattitock, NY; Lot area is nonco{dorrnmg in this R~O Zone District; Map of Jackson's Landing, Lot #7, filed in the Suffolk Coonty Clerk's Office as Map #5280; also identified as Coonty Tax Map #1000-113-4-9. The Board of Appeals will at said time and pl~ce hear any and ail persons or se. ntatives desiring to be he,id in the above matters. Wfitton comments may also be sub- mitred prior to the conclusion ~ff the subject heating. Each hearing ~ not start before the times designated above. For more information, please call 765-1809. Dated: June 24, 1991. BY ORDER OF THE SOUT~IOLD TOWN BOARD OF APPEAL.~ GERARD E GOEHRINGER CHAIRMAN By Linde Kowaiskl STATE OF NEW YORK} } SS: COUNTY OF SUFFOLK) //.'L ~- I c: ~ c~_ ~--.~ ~. r--~ of Mattituck~ In said County, bolng duly sworn, says that ho/she Is Principal Clerk of THE SUFFOLK TIMES, n Weekly Newspaper, published at Mottltuck, in the Town of Southold, County of Suffolk and State of Mew York, and that the Notice of which th. annexed is n printed copy, has bHn r~gula~y publish~ in said Newspaper once each week for ; weeks successively, commencing on the --~ ?' day of Prinoipol Clerk Swom to before me this dayof COUNTY OF SUFFOLK - Patricia Wood,' being duly sworn, says that she is the Editor, of 3'HE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid, in Suffolk County; and Ih,~l the notice of which the annexed is a printed copy, mice each week for ...................... ~... weeks succcssivcly, commenculg on tbe .......... ~ ...... c .~y o d L×~.~.'-.'z<- ...... 19 .%. ..................... day of .~).~ Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC. State ol New York 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 by the NY.S. Department of En- merit of principal d'~Rling strac- buiIding(s), having insufficient of the fi~ (5%) !~rcent limit, and (b) under New York Town Lot 3 (ROW), .~ 8:00 p.m. Appl. No. 4034-~ ERCORELLA. Request for ! CHAIRMAN ~LS BOARD MEMBERS Gerard P. Goehrlnger, Chairman Charles Origonis, 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. GOERRINGER CHAIRMAN En¢losuze 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. P.O. Box 1412 $outhold, NY Strang, R.A. 11971 Ronald Stritzler, M.D. 51 Stirrup Lane Roslyn Heights, NY 11577 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 July S.E.g.R.A. TYPE II ACTION DECLARATION 12, 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 1991 Appeal No. 4034 Project/Applicants: Anthony and Maria Mercorella County Tax Map No. 1000- 145-4-4 Location of Project: 2260 Pec0nJc Bay Blvd., Laurel, NY Relief Requested/Jurisdiction Before This Board in this P~pje~ Permission to amend previous decision rendered July Il, /~u on Appl. #3944 to locate two-car garage with partial enlargement for a second floor with windows and other structural modifications in area other than required rear yard. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted 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 determines this application to fall under the established list of Type 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 MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: F rom: Dated: Re: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk June 5, 1991 Zoning Appeal No. 4034 of Anthony and Maria Mercorella Transmitted herewith is Zoning Appeal No. 4034 of Anthony and Maria Mercorella for a variance. Also included is letter of transmittal from the applicant dated June 4, 1991; letter from the ZBA to applicant dated April 10, 1991; Short Environmental Assessment Form; ZBA Questionnaire; site plan; Notice of Disapproval from the Building Department dated April 13, 1990; copy of survey; and plans. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTblENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ..~.. ~~.~:~.. .... ,.~. ...... PLEASE TAKE NOTICE that your application dated ... :~.'. ................. 19 ~.~... County Tax Map No. 1000 Section .. ].q~ ...... Block 0 q Lot ~ q Ham/et Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the followMg grounds..~'~ ~.. ~,~..I.~.: ~,~. ~.~.~, .... ~ ¢.~..~~. ~...%.. ~.,.%~ % Building Inspector 33N-5 RV 1/80 · 014-t641 (2/871--Text t2 · ' [PROJECT I.D. NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQR For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 3. PR~E~ L~TIO~ , ~ . 5. I~ P~S~ A~ON: ~ ~ ~aansl~ ~ M~iflcatlo~alleratlon ?. AMOUNT OF I..ANO AJ:FECTED: ~ ~ Initially ~ acres Ultlmalely , O,,~;~ /// f~ /~ -~ , WILL PROPOSED CTION COMP -- - - ~ ~ ~ · PRESENT ~ USE IN VlCINI~ OF PROJECT~ ~ 10. DOES ACTION I'~"~NVOLVE A P R " ~ ~ STATE OR LOCAl? I* E MIT APPROVAl OR FUNDING, NOW OR ULTIMATELY FRm'' ANY .'. ....... ~ v,., . . ~ncr~ kzUVERNMENTAL AGF..N~y (FEDERAL, J~ Yel ~3No Il yes, list agency(si and permiUapprovals I!. ES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL---~'~ ' ' If the acti~ the Coastal Area. and you are a state agency, complete the Coastal Assessmenl Form before proceeding with this assessment OVER 1 (Continued on '~eVe~se side) LL~he_N'Y'S' Enviro'nmental Quality Review - of unls form, and an env~ro-nmental review wil~C~er~rt~ submission before any action is taken, this board ~HORT ~NVIRONMENTAL ASSESSMENT FO~! ~NSTRUCTIONS~ (a) In order bo answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning t~e project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not Significant. (d) ~nvironmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? 3. Will project alter or have a large effect on an existing body of water? _.._Yes ~ No 4. Will project have a potentially large, impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? .___Yes ~ No 7. Will project result in a major adverse effect on air quality? ___Yes ~ NO 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi~a~ importance or any site designated as a critical envlrcomental area by a local agency? lO. Will project have a m~jor effect on existing or Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's Operation? ~Yes 13.Will project have any impact on public health or Safety? 14. [{ill project affect the existing community by ~Yes ~No directly Causing a growth in permanent popula- period or have a major negative effect on the charact~-~of the community or neighborhood? 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: .ra~9 s ~e ~b ~~ B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { ) Yes {~} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes ~} No D. 1. Are there any areas which contain wetland grasses? ~ 2. Are the wetland areaaqhown on the map submitted with this application? '~~ 3. Is the property bulkheaded be~3~een the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the T0.wpTrustees for its determination of jurisdiction?~. E. Is there a depression or sloping elevation near the area of proposed cg~truction at or below five feet above mean sea level? ~/ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist an~re not shown on the survey map that you are submitting?~/ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit a copy of your building permit and'm~p as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. I. Please list p~es~nt ,u&~r operations conducted at ~his parcel ~//~I~N ~ ~ ., and proposed use ~~ ~1~ Authorize~ 3/87, 10/901k JUN - 5 § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: -f~ *'~ ~ ~' · ~ V 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 fo]lowing:, 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- ty-five (75) feet landward of the most landward edge of such a tidal wetland, B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land 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 s-ss-ss ANTHONY J. MERCORELLA RET)RED JUSTICE SUPRE~4E COURT, NEW YORK STATE 150 EAST 42ND STREET NEW YORK~ NY i0017-5639 June 4, 1991 Board of Appeals Town of Southold Town Hall 53095 Main Road Southold, NY 11971 Attn: Gerard P. Goehringer, Chairman Dear Mr. Goehringer: Pursuant to your letter of April 10, 1991, I am submitting a supplemental appli- cation together with a check for the $150 filing fee. I trust that the Board will afford me the courtesy of expediting this appeal. Very truly yours, Anthony AJM:hd Encs. 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 Mr. Anthony J. Mercorella Wilson, Elser, Moskowitz, Edelman & Dicker 150 East 42nd Street New York, NY 10017-5639 April 10, 1991 Re: Decision Rendered July 11, 1990 (Variance) Dear Mr. Mercorella: This letter will confirm that the Board Members have reviewed your letter dated March 26, 1991 with enclosure in which you have requested reconsideration of the decision rendered by the Board on July 11, 1990 under Appl. No. 3944. The Board Members have indicated that they are not permitted by law to vary, modify or change its original decision without a new application. The above decision was limited to the request filed at that time and approved plans for an accessory building different, structurally, than that you are now proposing. The Board Members have indicated, however, that if you file a new or amended application with a $150.00 filing / fee, your request will be entertained in the same manner of procedure as the first application (after public notice, hearing, etc.). Very truly yours, GERARD P. GOEHRINGER ~ Linda Kowalski Enclosures (New Application Forms) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To~. ~..~....~/ ~~ ~.~:~.. .... ~ ...... PLEASE TAKE NOTICE that your application dated ~ ~ ~o ~ O for pe~it to ~.~. ~.~..~$.~ ~%' '~0.~' '~'~ "~ .... ~, Locat,ono, Pro e t, County Tax Map No. 1000 Section .. ].~ ...... Block ~ q Lot ~ ~ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follow~g grounds..~ ~.. ~..I.~.~ ~ Building Inspector RV 1/80 ~ ,~m~"-- , OUESTION$. CALL 800-238-$355 TOLl FFtE~ ,D0599~ ~£ND Z~ FL RECIPIENT'$ COPY 765-1809 IPle~.~ Use this Form for Filing your Local Law with the Secretary ol SL~tel Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Southold ~i~ of .......................................... Town ............... 29 .......... Local L~w No ......................... of the year 19 90 !.n Relation to Zoninq Al~olication Fees Alecallaw (Insert title) Be it enacted by the ......... Town Board .......................... olthe (Name of Legislative Body) Town Southold ' as tollows: o! ' Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-262 iA) (Application; hearing; approval; v'iolations of conditions) is hereby amended to read as follows: A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reiect the application if-it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. If the · application is satisfactory, the applicant and the Zoning Board of Appeals shall set the application down l~or'a public hearing. The fee for a special exception shall be three hundred dollars ($300.), as set forth in Section 100-274. Section 100-274 (Fees) is hereby amended to read as follows: Applications,to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: A. For applications involving fences, accessory structures, or accessory buildings containing less than two hundred square feet (200) in floor area, the fee shall be one hundred fifty dollars ($150.). //~B. ~or all other applications, including those involving commercial ~ property, containing a single request (for example, an application .requesting one variance or an application requestin~q~ spe~al~ exceptionS, the fee shal, three hundred do,,a C. For ~pplications containing more than one request, (such as an application requesting an area variance and a width variance), the fee shall be five hundred dollars ($500.}. II. This Local Law shall take effect upon its filing with the Secretary of State. (II' additional space is needed, please attach sheets of the same size as this and number each) (1) A-,-C IR- R-80 LIO A-C R--80 GREAT APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ( Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE J5i6) 765-1809 ACTION OF THE BOARD OF APPEALS Appl. No. 3905 Matter of ANTHONY J. MERCORELLA. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2260 Great Peconic Bay Boulevard, Laurel, County Tax Map No. 1000, Section 145, Block 4, lot 4. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of ANTHONY J. MERCORELLA under appeal 3905; and WHEREAS, at said hearing all those who desired to be herd were heard and their testimony recorded; 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 along the south side of Great Peconic Bay Bouelvard, Town of Laurel, and is identified on the Suffolk County Tax Maps as District 1000, Section 145, Block 4, Lot 4. 2. This is an application for Variances from the Zoning code Article XXIII, Section 100-239.4 B, for permission to construct deck addition to dwelling, proposed construction will be less than 75 ft. from the bulkhead. Page 2 - Appl. No. 3905 Matter of ANTHONY J. MERCORELLA Decision rendered February 15, 1990 3. Article X/III, Section 100-239.4 B, Ail building located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 4. In considering this application, the board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed deck in any other location on the premises will require other variance relief; (c) that the area chosen for the deck is not unreasonably located; (d) that the Variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. ACcordingly, on motion by Mr. Grigonis, Seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of ANTHONY J. MERCORELLA under Appeal No. 3905, SUBJECT TO THE FOLLOWING CONDITIONS: That the 12 by 44 ft. deck be built on the west side of house irregularly shaped and be approximately 25 ft from existing bulkhead. 2. That the deck remain open and unroofed Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, And Dinizio, (Absent Joseph Sawicki and Serge Doyen). This resolution was duly adopted. df GERARD p. GOEHRINGER, CHAIRMAN I I I T I f~II^SIC UNII S1ZI,R ~ V PERMA-SflIELD'~ CIRCI,E TOI' ~,VINI)OW CASE[,, ENT ANI} AWNING SIZES GRILLE PAT I ERNS IIERMA-SIIIELI?' CIRCLE 'I'01~ WINI)[)W- NAIIR(')LINE" ,SIZES 3. 4. 5. 6. Gll~JU~ IIOTES: ALL DIMENSIONS AND CONDITIONS TO BE VERIFIED BY CONTRACTORS PRIOR TO CONSTRUCTION DO NOT. SCALE DRANINGR, I~RITTEN DIMENSIONS RUPERCRDE SCALED DIMENSIONS. f~ r~ -r,¢ ¢, ,¢,.¢ ¢,,,,,.t' ~ ?.;¢ DKAWN BY:~ ~ ~ ~~ ~l~ ~ ~ 3900 Veterans High~y, Bohemia, N.Y. 117161 . / 516 467-3200 516 467-3201J