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HomeMy WebLinkAbout4014APPEALS 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 ACTION OF THE BOARD OF APPEALS Appeal No. 4014: Application of JESSICA BARNARD. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory (garage) building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County Tax Map Designation 1000-81-03-007. WHEREAS, a public hearing was held on April 30, 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 referred to County Tax Map ID No. 1000-81-3-7 and appears to be in common ownership with the adjoining land identified as 1000-81-3-8. The entire premises, as a whole, consists of an area of approximately two acres and directly fronts along Robinson Road to the north. 2. The subject premises is presently improved with a one-story, single-family dwelling structure, built before 1957 and situated approximately 24 feet from a bulkhead near the high water mark of Little Peconic Bay and more than 130 feet from its closest point to Robinson Road. A major portion of the parcel is technically "front yard" area as defined under Section 100-13 of the zoning code. Page 2 - Appl. No. 4014 Matter of JESSICA BARNARD Decision Rendered April 30, 1991 3. Section 100-33 of the Code requires accessory buildings and structures to be located in the "required rear yard, subject to the following requirements: A. Such buildings shall not exceed 18 feet in height; B. Setbacks. (4) On lots containing in excess of 79,999 sq. ft., such buildings shall setback shall not be less than 20 feet from any lot line .... " 4. In considering this application, the Board finds: (a) that there is no alternative for appellant to pursue other than variance due to the physicial layout of the principal dwelling and the uniqueness of the land. (b) that the relief requested is minimal under the circumstances; (c) that the hardship is not self-created; Id) that the plight of the owner is not due to personal problems and the difficulties claimed are due to the uniqueness of the land; Ge) that the variance, as conditionally granted, will not alter the essential character of the immediate area; (f) 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 Mt.Villa, seconded by Mr. Dinizio, it was RESOLVED, to GR3%NT a Variance in the Matter of the Application of JESSICA W. BARNARD for an accessory 24' by 36' garage structure in the front yard area as shown on the sketch submitted with this application and SUBJECT TO THE FOLLOWING Page 3 - Appl. No. 4014 Matter of JESSICA BARNARD Decision Rendered April 30, 1991 CONDITIONS: 1. That the accessory structure remain as an accessory garage/storage building; 2. That the garage structure height not exceed 18 feet maximum; 3. That there be no plumbing facilities; 4. That utilities. there be no utilities, except for electrical Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen of Fishers Island was absent due to illness.) This resolution was duly adopted . lk GERARD P. GOEHRINGER, ~HAIRMAN RECEIVED AND FILED BY THE SOUTiiCLD TO%¥H CL~,:. DATE ~/~/~' ~OUR ~ ~ %~ Town Clerk, Town of ~ ~,outt:ol:~_ APPEALS BOARD MEMBERS Gerard P. Ooehringer, 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 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on TUESDAY, APRIL 30, 1991: 7:30 p.m. Appl. No. 4015 - MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239.4A, Section 100-244B, for permission to construct addition with an insufficient frontyard setback from the westerly property line, over existing patio. Location of Property: Peconic, NY; County Tax Map District 1000, 06, Lot 016. 360 Miami Avenue, Section 67, Block :33 p.m. Appl. No. 4014 - JESSICA W. BARNARD. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County Tax Map District 1000, Section 81, Block 3, Lot 7. Page 2 - Boand of Appeals Notice of Hearings. Regular Meeting April 30, 1991 7:38 p.m. Appl. No. 3988 ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as exists is nonconform- ing as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; County Tax Map No. 1000-83-1-17. 7:45 p.m. Appl. No. 4020 - KEITH HARRIS. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct addition with an insufficient (westerly) side yard set back. Location of Property: 265 Freeman Road, Mattituck, NY; County Tax Map No. 1000-139-3-37. 7:48 p.m. Appl. No. 4019 - CHARLES KREPP. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open deck addition with an insufficient setback from the retaining wall along high water mark. Location of Property: 1235 Island View Lane, Greenport, NY; County Tax Map No. 1000-57-2-18. Page 3 - Board of ~eals Notice of Hearings Regular Meeting - April 30, 1991 7:52 p.m. Appl. No. 4016 - JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance, Article XXIV, Sections 100-242A and 100-244B for permission to construct addition to existing nonconforming dwelling structure, increasing the lot coverage and reducing the rear yard setback. Location of Property: 215 Hummel Avenue, Southold; County Tax Map No. 1000-63-2-14. 7:58 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo). Variances: (1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A.3, requesting relief under the bulk area requirements of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, area of 1.43+- acres. survey information.) 29, 30. Containing a total combined (Record is reopened to receive additional 8:00 p.m. Appl. No. 4012 - WILLIAM AND VIOLA DELUCA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area, depth and width of two Page 4 - Board or,peals Notice of Hearings Regular Meeting - April 30, 1991 parcels in this proposed division of land located along the west side of Luthers (Breakwater) Road, Mattituck; County Tax Map No. 1000-99-2-18. 8:05 p.m. Appl. No. 4017 - CHARLES BLEIFELD. Variances to the Zoning Ordinance, Article III, Section 100-33 and Article XXIV, Section 100-244(A) for: (a) permission to locate swimming pool and garage structures as accessory uses incidental to the proposed residence in an area other than the required rear yard, and (b) permission to locate new dwelling structure with reduced side yard setbacks and reduced front yard setback. Location of Property: 1115 Private Road No. 16 at Bayview, Southold; Lots 41 and 42 as shown on the Cedar Beach Park Filed Map No. 90; County Tax Map No. 1000-90-4-19 and 20. 8:15 p.m. Appl. No. 4022 - CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Special Exception approval under Article VIII, Section 100-81B(1), and Article III, Section 100-31B(6) for an unmanned telecommunications building in an existing concrete block building and construction of a 104-ft. high monopole radio tower with antenna for transmitting and receiving radio signs to provide cellular telephone services. Location of Property: 415 ELijah's Lane, Mattituck, NY; also shown on Planning Board Map of May 15,1990, Map No. 8937. County Tax Map No. 1000-108-4-11.3 (part of 11). Page 5 - Board of A~als Notice of Hearings Regular Meeting - April 30, 1991 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: April 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTI~2,E that your application dated ..: ...... q?/.~... ........... 19 ~. County Tax Map No. I000 Section ..... ~ ..... Block ...... ~. ..... Lot ..... ~ ....... Subdivision ................. Filed Map No. ~ ............... Lot No .................. // ..................................... ,. ° B u~d ing ~ector RV 1/80 APPEAL NO. L./ DATI: .............................. TO THE ZONING BOARD OF APPEALS, TOWNIlJIJlJI'JIJL~,JJJ~. JESSICA W. BARNARD , 225 Elderfields Road 1, ~ .................................................................. or ............................................................................ Name of Appellant Street and Number Manh?.s..s.e..t. .............................. New York // [REBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED February 8s lggl WHEREBY THE BUILDING INSPECTOR DENIED TO ( (x Jessica W. Barnard Name of Applicant for permit of 225 Elderfields Road, Manhasset, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT ACCESSORY BUILDING 1. LOCATION OF THE PROPERTY ...4...2..4."~....P...a..r.a..d...i..s...e..~'P...~..i.'.n.t.~...R..~...a..d..:....S...~.'u..t.~..~..~..d...~.....R.~...8..~... Street /Hamlet / Use District on Zoning Map District 1000 Section 81 Block 3 L0t7 ~ . Jessica W Barnard .................................................................................. burren~: Owner ' Map No. Lot No. Prior Owner Phillip J. Babcock 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 III Section 100-33 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~b~s) (i~') been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ............................. , ........................................ ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reosonthot I want to construct an accessory garage, on my property, but have been informed that a variance is necessary to build any structure between my house and the lot line abutting Robinson Road as this is considered a "front yard" area under the Southold Town Code. (Continueon otherside) Additionally, the'plans I have selected call for a building which will be 23' high, including cupola, whereas current zoning only allows 18' in height for accessory buildings. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF ~di~,O~)INANCE would produce practical difficulties or unneces- sary HARDSHIP because myh~u~se~cated on the shore of Peconic Bay with a minimal "rea~%~t~ defined by the Zoning Ordinance. There is no physical room to locate any sort of structure in the "rear yard" area as required by the Ordinance. A strict application of the Zoning Ordinance would preclude construction of a very neces- sary garage. The addition in height for the building over that which is allowed under the Zoning ordinance is quite minimal and will re- sult in a visually more appealing building. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because most residences are located relatively close to the access road making traditional concepts of "front" and "rear" yard areas valid. In the instant case the resi- dence was built close to the water view side of the property leaving the vast majority of the premises unimproved, i.e., that portion between the residence and Robinson Road, which portion in reality is the rear of the premises although it is considered "front yard" under the Zoning Ordinance. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because those residences in the area which have accessory buildings all have them located in that portion of the property lying between the residence and Robinson Road there is simply no other place available to build. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Signature Sworn to this "~-~ ~ day of ............................................ 19%I Notary Public [~)W^RD JOHN BOYD 5tll Commission Expires ~ 30~ l_~ TOWN OF SOUTHOLD ~---~oPERTY RECORD CARD O~;NER ~IOR. MER OWNER ~J STREET VI LLAGE DISTRICT I SUB. / TYPE OF BUILDING LAND SEAS. IMP. ,-/'-Zoo VL. TOTAL FARM DATE BUILDING CONDITION NEW NORMAL BELOW ABOVE Form Acre Value Per Acre Value Ioble 1 lable 2 Ioble 3 odland ~mpla.~ shlond use Plot LOT 'I M. Bldg. Extension Extension Extension Garoge Z?~'B o Foundation asement Walls Fire Place Patio Driveway Porch Porch Bath Floors Interior Finish Heait Attic Rooms 1st Floor Rooms 2nd Floor /~o~-~/-.~-,,~ TOWN' OF SOUTHOLD PROPERTY RECORD CARD -~_~/.~ OW'NER STREET VILLAGE DIST. SUB. LOT FORMER OWNER ' E ACR J RES. SEAS. VL ,,~// FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH ~V ~ ' BULKH~D Total DOCK ¢ WF. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Ir. 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 May 15, 1991 Edward John Boyd V, Esq. 54655 Main Road P.O. Box 1468 Southold, NY 11971 Re: Jessica Barnard (Variance for Accessory Garage) Your Letter Dated May 14, 1991 Dear Mr. Boyd: In your letter dated May 14, 1991, you have indicated that the property owner wishes to install a spigot for the purposes of car washing and a work sink for the purposes of clean-up after yard maintenance. I have no objection to the installation of a spigot or a sink located on the outside of the garage structure. Please note that this condition is normal for all garages considered by the Board of Appeals and simply conditions that the garage remain a garage and not be converted for any other use or occupancy. The Zoning Code does specifically provide that a private garage shall be used for storage, and does not authorize any other occupancy or other use. Therefore, it is apparent that the condition shall prohibit household facilities in the interior of the garage structure (which would include hook-ups for sinks, including kitchen or other normal dwelling-type facilities). lk Very truly yours ~-~ i ~ .//GERARD P. GOEHRINGER" 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 May 15, 1991 Edward John Boyd V, Esq. 54655 Main Road P.O. Box 1468 Southold, NY 11971 Re: Jessica Barnard (Variance for Accessory Garage) Your Letter Dated May 14, 1991 Dear Mr. Boyd: In your letter dated May 14, 1991, you have indicated that the property owner wishes to install a spigot for the purposes of car washing and a work sink for the purposes of clean-up after yard maintenance. I have no objection to the installation of a spigot or a sink located on the outside of the garage structure. Please note that this condition is normal for all garages considered by the Board of Appeals and simply conditions that the garage remain a garage and not be converted for any other use or occupancy. The Zoning Code does specifically provide that a private garage shall be used for storage, and does not authorize any other occupancy or other use. Therefore, it is apparent that the condition shall prohibit household facilities in the interior of the garage structure (which would include hook-ups for sinks, including kitchen or other normal dwelling-type facilities). lk Very~ yours ~ / GERARD P. GOEHRINGER / CHAIRMAN i APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles G-rigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF~'~%I~A.I_~q ¥ ! { ~ 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 May 15, 1991 Edward John Boyd V, Esq. 54655 Main Road P.O. BOX 1468 Southold, NY 11971 Re: Jessica Barnard (Variance for Accessory Garage) Your Letter Dated May 14, 1991 Dear Mr. Boyd: In your letter dated May 14, 1991, you have indicated that the property owner wishes to install a spigot for the purposes of car washing and a work sink for the purposes of clean-up after yard maintenance. I have no objection to the installation of a spigot or a sink located on the outside of the garage structure. Please note that this condition is normal for all garages considered by the Board of Appeals and simply conditions that the garage remain a garage and not be converted for any other use or occupancy. The Zoning Code does specifically provide that a private Garage shall be used for storage, and does not authorize any other occupancy or other use. Therefore, it is apparent that the condition shall prohibit household facilities in the interior of the garage structure (which would include hook-ups for sinks, including kitchen or other normal dwelling-type facilities). Very truly'yours, GOEHRINGER GERARD P. CHAIRMAN lk EDWARD JOHN BOYD ~ ATTORNEY AND COUNSELLOR AT LAW May 14, 1991 Board of Appeals Town of Southold 'Down Hall, 53095 Main Road Southold, New York 11971 Appeal No. 4014 - Jessica Barnard (Garage) Gentlemen: I have received a copy of your decision rendered April 30, 1991 relative to the above-captioned appeal, which decision contains within it a condition, "3. That there be no plumbing facilities." In so much as a literal reading of this condition would prevent my client from installing even a spigot for the purposes of car washing and a work sink for the purposes of clean-up after yard maintenance, I would appreciate a clarification of the Board's intent on this point as I am sure that the Board did not mean to prevent my client from any and all domestic water use at the new accessory garage/storage building. Thanking you with regard to this inquiry, I am, Very truly yours, dward John Boyd V EJB/bv APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Ir. 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 May 8, 1991 Edward J. Boyd V., Esq. 54655 Main Road Southold, NY 11971 Re: Appl. No. 4014 - Jessica Barnard (Garage) Dear Mr. Boyd: 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 Inspector for his files and update. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Mrs. Jessica W. Barnard Building Department Suffolk County Department of Planning Page 3 - Appl. No. 4014 Matter of JESSICA BARNARD Decision Rendered April 30, 1991 CONDITIONS: 1. That the accessory structure remain as an accessory garage/storage building; 2. That the garage structure height not exceed 18 feet maximum; 3. That there be no plumbing facilities; 4. That utilities. there be no utilities, except for electrical Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen of Fishers Island was absent due to illness.) This resolution was duly adopted lk GERARD P. GOEHRINGER, .CHAIRMAN // RECEIVED AND FILED BY THE SOUTnOLO Town Clerk, Town o~ ~ ~outhold DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUN'Z DIRECTOR OF I~LANNING May 14, 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) Municipal File Humber(s) ~arnard, Jessica Krepp, Charles Harris, Keith 4014 4019 4020 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman 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 Maih 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 X Variance Variance Special to the Suffolk County Planning Commission: from the Zoning Code, Article III , Section 100-33 from Determination of Southold Town Building Inspector, Exception, Article , Section __ Special Permit Appeal No.: 4014 Location County Within Applicant: JESSICA BARNARD of Affected Land: 4240 Paradise Point Road, Tax Map Item No.: 1000- 81-3-7 500 feet of: Town or Village Boundary Line Body of Water (Bay,'Sound or Estuary) State or County Road, Parkway,'Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area X Southold Thruway State or Federally Owned Land State or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is other than rear yard requesting permission to lncate garaqe in area Copies of Town.file and related documents;enc]oscd for your review. Dated: Page 4 - April 30, 1991 Public Hearing - Jessica W. Southold Z.B.A. Barnard Appl No. 4014 Applicant(s): Jessica W. Barnard Location of Property: 4240 Paradise Point Road, Southold NY County Tax Map No.: 1000-81-3~7 The Chairman opened the hearing at 7:40 pm and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a copy of the survey indicating a parcel that fronts on Little Peconic Bay and has a substantial amount of road frontage on Robinson Road. The applicant wishes to place a garage of approximately 24 by 36 approximately 100 feet from Robinson Road and approximately 80 feet from the southwesterly property line and I have a copy of the survey indicating this and surrounding properties in the area. Mr. Boyd, would you like to be heard? MR BOY]D: Good evening Mr. Chairman and Members of the Board. Edward Boyd, Southold NY for the applicant. I believe this application breaks down into two separate parts. The first part has to do with the placement of the structure itself. This is one of those properties that has no rear yard as the statute would normally set it forth, because the rear yard is the area between the house and Peconic Bay and is absolutely no space to build a garage or any thing else in that portion of the premises. So we are coming before you asking for permission to construct in the front yard of this particular house between the house and the road, Robinson Road which is an extension, a private extension of Paradise Point Road. The second part of the application will deal with the height of the structure. Mrs. Barnard, the owner of the premises is going to construct a garage, it is of a modular type and the plans call for a building that is approximately 21 feet along the ridge line and some 23 feet to the top of the cupola and this is higher than 18 feet that is permitted under the Southold Town code. So we are coming to also ask for permission to go a little bit higher then is strictly allowed by the code. CHAIRMAN GOEHRINGER: %~nere is, what is the upstairs of the garage going to be used for? MR BOYD: If you would permit me, I'm going to allow Mr. Barnard, the applicants husband to speak to this, because he's the person who intends to use the upstairs and he could answer better then I can. CHAIRMAN' GOEHRINGER: Thank you Mr. Boyd. MR BOYD: Douglass Barnard. Page 5 - April 30, 1991 Public Hearing - Jessica W. Barnard Southold Z.B.A. CHAIRMAN GOEHRINGER: How do you do sir? MR BARNARD: Good evening ladies and gentlemen. I intend to use it as an office and sort of a hideaway. I retired last year and I have found that my wife and I have been residents out here for 24 years and we've been married for over 30. In retirement I've got to get out of her hair and she out of mine and I need sort of a place to go, if you will, and I'm doing this back in the west end, I've rented a little office over a hardware store and I spend a good part of my day there. In the summer months I want to duplicate that same opportunity if I can and the Yankee Barn Company of Eastern New Hampshire puts up these shed carriage houses, if you will, that it's actually designed to be a studio apartment upstairs over the garage. My intent would be to use it as an office pure and simply. CHAIRMAN GOEHRINGER: I thank you for your candor in this. My question is what type of office? What would you be doing up there? Let me just give you an example and I do this occasionally and I apologize for answering the question, asking a rhetorical question and answering it before. But maybe it may help you. We have told people that accessory structures in the Town of Southold can be used for such things as the storage of automobiles, for changing of oil in you own automobile, and so on and so forth. If you don't choose to do that in this particular case, you choose to use it for whatever private reason you want to use it for just tell us what the private reason is. MR BARNARD: Yeah, well I'm still, I've been an oil tanker for all my life and I'm still on an consultancy with my company and I have a fax machine and a phone line to that office. I do my own typing and what not, it's a one man show, I don't have a secretary or anybody assisting me. And also doing a little bit of trading in the market place, if you will, just to keep my hand in. So that's the extent of it. I usually spend the morning, sometimes early afternoon, but then I'm out of there. CHAIRMAN GOEHRINGER: Assuming you had a room in your house and you chose not to use this, and you chose to put the fax machine and the telephone in the room in your house, you would be in effect doing the same exact thing in the room in your house. MR BARNARD: It doesn't work. I've tried it. CHAIRMAN GOEHRINGER: No. I don't mean, I know it doesn't work but I mean that you would be doing exactly the same Page 6 - April 30, 1991 Public Hearing - Jessica W. Southold Z.B.A. Barnard CHAIRMAN, cont'd: thing is that correct? MR BARNARD: Oh yeah sure. I just wanted a place that I'll see her after lunch or what have you and I leave and this strikes me as being an ideal attainment of that object, if you will, I have an office over the garage, plus I do want the garage, the 24 years we've been there we get sap on the cars and I should have built the garage years ago, so this seems to be a good co~on purpose if you will. CHAIRMAN GOEHRINGER: Okay, the only other question I have is what kind of utilities would be included other then electric in this building? MR BARNARD: Water for a bathroom. CHAIRMAN GOEHRINGER: Upstairs or downstairs? MR BARNARD: Up. CHAIRMAN GOEHRINGER: Okay. What about heat? MR BARNARD: Yeah I think I would correct a mistake made in the original structure which is a sku~mer cottage, we do have baseboard heating in the house but we're, to try to stay there in the winter time is impossible you're heating the bay, so I think the way Eastern constructs these modular homes they have a R-30 5 or 6 factor in the insulation, so that would go a long way to assisting and just baseboard heating could take the chill off. I wouldn't have the same problem, but yes I would want heating in it. CHAIRM~N GOEHRINGER: Okay. Electric or hot water? MR BARNARD: I'm not sure yet, I haven't discussed with them in detail which they recommend. Whatever they would recommend I think I'd go for. CHAIRMAN GOEHRINGER: Just let me give you the reason why I'm asking you or grilling you in a nice way concerning these questions. Assuming you were to sell the house and the barn was entirely set up as an apartment, it could be utilized that way assuming we granted it and that's what concerns me, because what you are actually doing is building a second structure on the same premises or asking us to approve one and that's the issue that I've, it's a border line issue and that's what we are trying... MR BARNARD: I would tell you this, we have already set up a will structure where my son and daughter are going to inherit Page 7 - April 30, 1991 Public Hearing - Jessica W. Southold Z.B.A. Barnard MR BARNARD, cont'd: the house after we go on, so we intend to keep it off the market, if you will, and in the family because the kids have all grown up there and I don't want to see it leave the family. CHAIRMAN GOEHRINGER: I see. Okay. Well I thank you very much, before you sit down, I just want to ask my fellow Board members if they have any questions. Jimmy, Bob, Bob. MR VILLA: Well I have the same concerns you do that it would' end up being a second dwelling. If you are looking at it 24 by 36 is 864 square feet which is more than the minimum size of a house in the Town. CHAIRMAN GOEHRINGER: Well it's times two Bob. MR BARNARD: Well I would point out another thing is, a garage with a workshop area on the side and that takes up quite a bit of that square footage and it's built in a, what do you call it when the back slopes off? CHAIRMAN GOEHRINGER: Saltbox. MR BARNARD: Saltbox design and that again negates from some of the room upstairs. MR BOYD: Do you want to show them a picture? CHAIRMAN GOEHRINGER: Oh, I have one in the file. Yes, it's very tastefully done, there's no question about it. We did grant one similar to this only it's a gambrel in, on Jackson Street in New Suffolk and a very interesting situation because again we have the long lot that leads to the bay, this of course is much more visible because it's closer to the road. However, there was no utilization of the upstairs. We thank you very much sir for coming in. We'll see what else develops, thank you Mr. Boyd it was nice to see you again. Is there anybody else who would like to speak in favor of this application? Is there anybody who would like to speak against the application? Hearing no further questions, I make a motion closing the hearing and rendering decision later. Ail in Favor - AYE. Page 8 - April Public Hearing Southold Z.B.A. 30, 1991 - Antonio Vangi Appl. No. 3988 Applicant(s): Antonio Vangi Location of Property: 645 Glen Court, County Tax Map No.: 1000-83-1-7 Cutchogue, NY The Chairman reopened the hearing at 7:47 pm. CHAIRMAN GOEHRINGER: The next appeal is an appeal that we had opened two meetings ago. We were waiting for a survey and we see the survey is in the file, we'll ask Mr. Scaramucci if there's any thing he would like to add to it. MR SCARAMUCCI: Yes. The survey that you have indicates a proposed addition of 28 foot in length, 12 foot in width. My application, it showed a 31 foot long extension. I told the surveyor about that and he hasn't gotten me a revised 31 foot. CHAIRMAN GOEHRINGER: You are actually looking for it for the full width of the house, is that correct? MR SCARAMUCCI: The depth of the house, yes. CHAIRMAN GOEHRINGER: Okay. MR $CAR/U~UCCI: And if you have any questions I have nothing else to add. CHAIRMAN GOEHRINGER: That 5.8 feet is what, is that the closest point it will be to the westerly property line? MR SCARAMUCCI: Yes. CHAIRMAN GOEHRINGER: Okay. And the 17 feet is to the house? MR SCARAMUCCI: Yes. CHAIRMAN GOEHRINGER: Okay. MR SCARAMUCCI: That's the existing setback now, 17 feet. CHAIRMAN GOEHRINGER: If we are at the actual corner of the house as we stand in front on the left hand side, or the westerly side, the encroachment in the side yard could be even greater than 5.8 feet because of the diagonal of ~he property line, is that not correct? I mean we could in effect it could be 5.2 feet or whatever it's going to be right? MR SCARAMUCCI: Excuse me. I asked the surveyor to work it out at the closest possible point.' XOTICE IS ]G. KEBy GIVEN, ?ur~uafll to Secti(~ 267 of New York $OUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, S~. Ny 11971, on TUESDAy, APRIL 30, 1991: MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinaqce, Article XXIV, Section IOO-239.4A, Section'lOO-244B, f~ permissi(~ to construct addition with an insufficient frontyard setback from the westerly pro~berty line, over existing patio Lofation of Property: 360 Miami A.v~nue. Peconic, NY; County Tax MIp District I000, Section 67, Block 06, Lot 016. ~ 7:33 p.m. Appl. No. 4014 --/ES-~ SICA W. BARNARD. 3/arinnce to the Zoning Ordinance, Article HI, S~tion / lO0'33forpermissiont~locateacces.{ III, Section 100-318(6) for an s°ty building th an a~a other than the ~ ~ran~nnad telecomm unication s build./ required r~ar yard, Locati~ of Prop- mgm an existing concrete block erty: 4240 Paradise Point Road; building and construction of a 104.B. $outhold, NY; Coumy Tax Map Dis. high monopole radio tower with ,.fict 1~00, Section 81, Block 3, lot 7. anterma for transmitting and receiving 7:38 p.m. Appl, No. 3988 -~ ) radio signals toprOvrd~ celhhr tel~. .~,~n!ng vromance, ^mcle XX1V, 415 E iiah's Lane M..;, ~ectwn 100-244 and Article XXHI a -~ .~.Z .... ' '7-'~. KEITH HARRIS. Variance to thc/ Zoning Ordinance, Article nl, Section ]y) side yard set back. Location of ~uck, NY; County Tax Map No. 1000- 1000-126-04-1, 2, 5; and (2) to the additi~al suiwey information.) Road, Mattituc~: ~"~oun-f~ Tax Map 8:05 p.m. Appl. No. 4017 -- CHARLES BLEIFELD. Variances to the Zoning Ordinance, Article III, Section 100-33 and Article XXIV. ~ection 100-244(A) for: (a) permis- sion to locate swimming pool and incidental to the proposed residence th an area o~her than the required rear yard, and (b) permission to locate new dwelling structure with reduced side yard setbacks and reduced from yard setback. Location of Property: I 115 Private Road No. 16 at l~ayview,' Sc~thold; Lots 41 and 42 as shown o~ the Cedar Beach Park Filed Map No: 9~ County Tax Map No. 1000-90.~ 19 and 20. 8:15 p,m. Appl. No. 4022 -- CEL-' LULAR TELEPHONE COMPANY d/b/a METRO ONE. Request for Spe- cial Exception approval tm~er A~cle V]H, Section 100-8lB(I), md Art/de of May 15, 1990, Map No. 8937~ County Tax Map No. 1000-108-4~' 111.3 (panof 11), . The Board of Appeals will at said tune and place hear any and ali per- subjea heating. Each hearing wilt not information, please call 765-1809. Dated:April 10, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEITRINGER CHAIRMAN By Linda Kowalsld i_7~22-1TA 1 g STATE OF HEW YORK) ) SS: COUNTY OF SUFFOLK) ._ /£ 6 ~ ot Mattituck, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, in the Town of Southeld, County of Suffolk and State of New York~ and that the Notice of which the annexed is a printed copy, has been regularly published In said Newspaper once each week for / weeks successively, commencing on the /~' day of Sworn to b,?fore me, this dayo~ 10 ~ ( § 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 C5 "~ ' ~' · ~? ~ 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, swamp~, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, ssa lavender, tall cordgra~, 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 ~even- 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 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) JESSICA W. BARNARD Owner B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {x } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {x} No 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? Y~s 3. Is the property bulkheaded between the wetlands area and the upland building area? Yes 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Yes E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? No If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? Yes If yes, please explain where or submit copies of deeds. Vacant lot immediately West of subject premises. I. Please list presen~ use or gperations conducted at this parcel single family residence and proposed use single family residence Authorized Signature and Date 3/87, 10/901k ~The N.Y.S. Environmental Oualit~ Rev4 tn~s form, and an env~ro'nmental review will be ~d~ b~ submission before any action is taken, this board SHORT ENVIRONMENTAL ASS£SSMENT FOR.~ INSTRUCTIONS= (a) In order to 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) ~Envlronmental Assessmen~ 1. Will project result in a large physical change to the project Site or physically alter more than 10 acres of land? X ~Yes NO 2. Will there be a major change to any unique or unusual land form on the site? Yes X No 3. Will project alter or have a large effect on mn existing body of water? Yes X No 4. Will project have a potentially large, impact on groundwater quality? ~Yes X No 5. Will project significantly effect drainage flow on adjacent sites~ · Yes X NO 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? ~Yes X No 8. Will project have a major effect on visual char- acter of the oommunity or scenic views or vistas X known to be important to the community? ____Yes __..No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? ~es X No 10. Will project have a m~jor effect on existing Or future recreational opportunities? _ Yes X No Il.Will project result in major traffic problems or cause a major effect to existing transportation ' systems? Yes X NO 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result Of the project's Operation? ____Yes X No 13. Will project have any impact on public health or safety? ~Yes X~o 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5'percent OVer a one-year _._Yes X No period or have a major negative effect oe the charact~ of the oommunity or neighborhood? 15. IS there ~ project? sy Concerning the . · ___Yes X No Preparer,s Signature: Representing: ---~-C~,~ · .14-t6';t (2r871--Text 12 · ' iFROJECT I.D. NUMBER 617.21 ~. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only P~ART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) ~ · AFFUCANT/~PONSOR JESSTCA ~ ~ 2. P~E~ NAME -- ' Accessory Garage Munlcl.,ll~ Southold ~,,~ Suffolk 4240 Paradise Point Road, Southold, New York, 11971 SEQR 5, I$ PRO~_,_---., ACTION: [] New [] Exoans/on [] Moditlcatlonlalteratlon Construction of a garage approximately 24' x 36' as an accessory building to a one-family residence. 7. AMOUNT OF LAND AFFECTED: ~ 0.0198 Initially ~ · 019 8 ~ acres UBImataly ~~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ [] Yes [] No If NO, describe briefly Variance must be granted by Town of Southold Board of Appeals as garage will be built in "front yard" area under existing zoning ordinance. 9, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ - [~ Resiclontial [:~ tnciust¢iaf ?,[] Commercial [] Agriculture Descr,Pe: [] ParldForesuOpen space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY'FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? []Yes [] No If yes, list agency(s) and permiUapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? [] Yes ~ No If ye~, list agency name and permit/approval 12. AS A RESULT OF PROPOBED ACTION WiLL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE EEST OF MY KNOWLEDGE Applicant/sponsor name: Jessica W. Barnard Date: ~ ' ~~ ~ I ' ~ ~ etshsemCe~ s~lr mA~dp rY;cUe ~ OVER I (Continued o~ reve=se LEGAL NOTICI~.~ NOTICE IS HIBY GIVEN, pursuant to '~ion , 267 of New York Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on TUES- DAY, APRIL 30, 1991: 7:30 p.m. Appl. No. 4015- MELVIN AND MOLLIE KURS. Variance to the Zoning Ordinance. Article XXIV, Sec- tion 100-239.4A, Section 100-2441~ for permission to con- slruct addition ~ith an insuffi- clem fromvard selback from the ing patio. Location of Proper- t~: 360 Miami Avenue, Peconic, NY; County Tax Map District I000, Section 67, Block 06, Lot~' 016. SICA W. BARNARD. Var- i~ance to the Zoning Ordinance, Article Ill, Section 100-33 for ?e[mission to locate accessory building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County Tax Map District 1000, Section 81, Block 3, Lot 7. ANTONIO VANGI. Variance to the Zoning Ordinance, Article NXiV, Section 100-244 and Ar- ticle XXI[I, Section 100-239.4A ~ ~ NY; Countl~ ]at Map NO. IO00-83.1-17. 7:45 p-m. AppL No. 4020-- KEITH HARRIS. Variance to the Zoning Ordinance, Article Ill, Section 100-32 for permis- sion to construct addition with an insufficient (westerly) side yard setback. Location of Pro- perty: 265 Freeman Road, Mat- tituck, NY; County Tax Map No. 1000-139-3-37. 7:48 p.m. Appl. No. 4019- CHARLES KREPP. Variance to the Zoning Ordinance, Arti- cle XXII1, Section 100-239.4B for permission to construct open deck addition with an insuffi- cient setback from the retaining wall along high water mark. Location of Property: 1235 Island View Lane, Greenport, NY; County Tax Map No. 1000- 5%2-18. 7:52 p.m. Appl. No. 4016- JULIUS AND KATHERINE RAGUSIN. Variance to the Zoning Ordinance, Article XXIV, Sections 100-242A and 100-244B for permission to con- struct addition to existing non- conforming dwelling structure, increasing the lot coverage and reducing the rear yard setback. location of Property: 215 Hum- mel Avenue, Southold; County Tax Map No. 1000-63-2-14. 7:58 p.m. Appl. No. 3998-- HENRY AND MARY RAY- NOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo.) Variances: (1) for approval of ac- cess as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic , Bay Boulevard, Laurel, to pre- mises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Or- dinance, Article lIIA, Section 100-30A.3, requesting relief under the bulk area require- ments of the proposed norther- ly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone Dis- trict, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25. 26, 27, 28, 29, 30. Containing a total combined ~rea of 1.43 _* acres. (Record is ti, ]~x Map No. 1000-99-2-18. CHARLES BI.EIFELD. Vari- ances to the Zoning Ordinance, Oticle III, Section 100-33 and Article XXIV, Section 100- 244(A) for: (a) permission to locate swimming pool and gar- age structures as accessory uses incidental to the proposed resi- dence in an area other than the required rear yard, and (b) per- mission to locate new dwelling structure with reduced side yard setbacks and reduced front yard setback. Location of Property: 1115 Private Road No. 16 at Bay- view, Southold; Lots 41 and 42 as shown on the Cedar Beach Park Filed Map No. 90; Court- , ty Tax Map No. 1000-90-4-19~: and 20. 8:15 p.m. Appl. No. 4022-- CELLULAR TELEPHONE COMPANY d/b/a METRO ONE. Bequest for Special Ex- ception approval under Article VIII, section 100-8lB(I), and Article IIL Section 100-31B(6) for an unmanned telecommuni- cations building in an existing concrete block building and construction of a 104-ft. high monopole radio tower with an- tenna for transmitting and re- ceiving radio signs to provide cellular telephone services. Location of Property: 415 Eli- jah's Lane, Mattituck, NY; also shown on Planning Board Map of May 15, 1990, Map No. 8937. County Tax Map No. 1000-108- 4-11.3 (part of 11). The Board of Appeals will at said time and place hear any and aH.persons or representative~ de- siring to be heard in each of the Tilt '-~)t I{IOLIJ, it/v,',, Itt)ARD OF APP[:ALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski ,, IX, 4/18/91 (4) ] COUNTY OF SUFFOLK STA'I'I'~ OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, I~as been .publisi~ed in said Long Island Traveler-Watchman once each week for .................... /' ...... weeks successively, commencing on tile N(',tary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State ot New York. No. 4806846 Qualified in Suifoik Co~nty~ Commission [xpiros ~/3.~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James. Dinizio..Ir. 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, Enclosure GERARD P. GOEHRINGER CHAIRMAN Copies of the Legal Notices for Hearings to be held 4/30/91 were sent to the following on 4/15/91 Mr. & Mrs. Melvin Kurs 1404 Lowell Avenue .New Hyde Park, NY 11~ Ms. Jessica W. Barnard } 225 Elderfields Road / '~,~Manhasset, NY 11030 / Mr. John Scaramucci (Vangi) 2045 Westphalia Road Mattituck, NY 11952 Marie Ongioni, Esq. (Vangi) 218 Front St. Box 562 Greenport, NY 11944 Mr. Keith Harris P.O. Box 513 Mattituck, NY 11952 Torkelsen Builders, P.O. Box 1475 Southold, NY 11971 IFlC, (Krepp) Deborah Doty, Esq. (Ragusin) P.O. Box 1181 Cutchogue, NY 11935 Mr. & Mrs. Henry Raynor 320 Love Lane Mattituck, NY 11952 (DeLuca and Mastropaolo) Peter S. Danowski, Esq. (Beifeld) 616 Roakoke Avenue - P.O. Box 779' Riverhead, NY 11901 Wm. D. Moore, Esq. (Cellular Telephone d/b/a Metro One) Clause Commons - Suite 3 Main Road P.O. Box 23 Mattituck, NY 11952 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Robert A. Villa James Dinizio, Jr. Telephone (516) 765-1809 TYPE II BOARD OF APPEALS TOWN OF SOUTHOLD April S.E.g.R.A. ACTION DECLARATION lO, 1991 SCOTT L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 40]7 Project/Applicants: County Tax Map No. Location of Project: Charles Bliefeld 1000- 90-4-19 & 20 Orchard Lane (private), Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: One family dwelling location proposed with reduced front, side, total sides, and accessory building in side yard area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.¥.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: RE: DATE: ZONING BOARD OF APPEALS OFFICE OF THE TOWN CLERK ZONING APPEAL NO. 4014 - JESSICA W. BARNARD MARCH 4, 1991 Enclosed herewith is ZONING APPEAL NO. 4014 - JESSICA W. BARNARD together with the Notice to Adjacent Property Owners, the Short Environ- mental Assessment Form, the Zoning Board of Appeals Questionnaire, the Notice of Disapproval from the Building Department, sketch of building and a survey map of property. Judith T. Terry Town Clerk ..~. LAST K~Q~IG OR ~P~TED OWNER ADO~ESS ZIP ~R NAR D JESS ICA~ ~) ),-)-~ ~ ~D EDWARD J Iq.-~-26 STO~ RO~E~T L JR S ,EIDI 8 111 =AST 66Tfl ~ ................... $ 0 U T HOLD LRST KNOU~ O~ RE~UT£D O~NER EU~CURU E~ON~ H ~ UE OWNERS SUIOE ADDPES$ 4 WOODHILL RD WESTO!~ CT PAGE 527 ZIP 06883 G~IFFO ANGELA ...... 6 'lid FAqM ROAD ROEKVILLE CENTRE NY 11S70 MEYER CA~L E JR 4 ~OC~ SP~ING LA It-'1'17 &?,H ~; .................................... '¢- ~'7¢¢ COUNTY OF SUFFOLK ~a~ SOU Properly Tax Service AgencylmU~m Southold Town Board of Appeals -35- August 31, 1983 Regular Meeting PUBLIC HEARING: Appeal No. 3165. Application for EDWARD J. and HAZEL K. BOYD, 3880 Robinson Road, Southold, NY by.E.J. Boyd ~, Esq. for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory garage/storage build- ing in the frontyard area of premises known as 3880 Robinson Road, Southold, NY; County Tax Map Parcel No. 1000-081-03-009. The Chairman opened the hearing at 9:22 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of a survey dated April 9, 1925 and indicating the existing buildings and dwelling, and the area where the proposed garage would be placed. I also have a copy of the details of the garage and building plan at 22' by 36' It appears it is to be a three-car garage with an entrance toward the south property line--the structure appears to be approximately four - feet from the--what appears to be the west property line? MR. EDWARD BOYD V: South. It pretty strang down there. It's 40° off. MR. CHAIRMAN: Yes. I have a copy of the Suffolk County Tax Map indicating this property and the surrounding properties in the area. Mr. Boyd, would you like to be heard in behalf of this application? EDWARD J. BOYD V: I would. I would first like to thank you gentlemen for putting my application on this evening. I'm very anxious to get going in this matter. It came as sort of a surprise to us that we would need the variance. Here we are, and I would be happy to answer any questions that you might have about this application. I believe it speaks fairly well for itself. MR. CHAIRMAN: The existing structures on the property-- MR. BOYD: Yes, sir. MR. CHAIRMAN: You have another garage that appears to be in back of the main house and there's a building adjacent to that. MR. BOYD: That is correct. MR. CHAIRMAN: What is that building? MR. BOYD: I'm sort of hard pressed to describe what it is. I would say a storage shed, a little area in which to sit and open the three windows and let the breeze come in and read the newspaper. It is totally unimproved beyond that. There is electricity going to it, but I don't know if I would dare turn it on because it has been there for so long. I'm not sure of the condition of the wires even in that one. It's really a storage building. MR. CHAIRMAN: So we would then be--if we approved this, Southold Town Board of Appeals -36- August 31, 1983 Regular Meeting (Appeal No. 3165 - EDWARD J. & HAZEL K. BOYD, continued:) MR. CHAIRMAN continued: be approving the third storage building? MR. BOYD: Exactly. It's all storage. There's nothing else contemplated at all. As you can see from the plans, it is simply a garage. MR. CHAIRMAN: So you have no objection to the restriction that it always remain as a storage building. MR. BOYD: None whatsoever. MR. CHAIRMAN: Thank you. Is there anybody else that would like to be heard in behalf of the application? (No one) MR. CHAIRMAN: Would anybody like to speak against the applica- tion? (No one) MR. CHAIRMAN: Hearing no further comments, I'll ask the board members if they have any questions? (None) MR. CHAIRMAN: Hearing no further questions, I'll make a motion approving this as applied for with the restriction, however, that it always remain as a "storage" building. MEMBER DOUGLASS: Second. (Continued on next page) Southold Town Board of Appeals -37- August 31, 1983 Regular Meeting (Appeal No. 3165 - EDWARD J. AND HAZEL K. BOYD, continued:) The board made the following findings and determination: By this appeal, applicants seek to construct a 22' by 36' accessory garage to be located approximately 230' from Robinson Road and in the frontyard area. Existing on the premises is a one-family dwelling house and two accessory buildings also located in the frontyard area. The premises has frontage along Robinson Road of 154 feet and an average depth of 573 feet. The rear property line fronts Southold Bay approxi- mately 150 feet. The board agrees with the reasoning of applicants and find the area for the location of this accessory building to be the most practical under the circumstances. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that no substantial detri- ment to adjoining properties will be created; (3) that no adverse effects will be produced on available governmental facilities of any increased population; (4) that the circumstances are unique; (5) that the relief requested will be in harmony with and promote the general purposes of zoning, and (6) that the interests of justice will be served by allowing the variance, as applied. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3165, application for EDWARD J. and HAZEL K. BOYD, for permission to construct 22' by 36' accessory building in the frontyard area, BE AND HEREBY IS APPRO.VED, PROVIDED THAT IT BE USED ONLY FOR STORAGE PURPOSES (never as habitable/living area). Location of Property: 3880 Robinson Road, Southold, NY; County Tax Map Parcel No. 1000-081-03-009. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Douglass. (Member Sawicki was absent.) This resolution was unanimously adopted. Mr. Boyd again thanked the board for placing the previous matter on tonight's agenda. A--C A--C SOUTNOID /f ~-c x R58b ,L ...-, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of JESSICA W. BARNARD to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER HAZEL K. BOYD, P. O. Box 243, Southold, New York, 11971 JOHN D. SINNING & OTHERS, P. O. Box 724, South01d, New York, HENRY C. ELFERS, P. O. Box 1136, Southold, New York, 11971 YOU ARE HEREBY GIVEN NOTICE: 11971 1. That it is the intention of the unde~igned to petition the Board of Appeals of the Town of Southold to request a (Variance) · _ - ~]~D~ to construct an accessory building. '~ 2. That the p.r.ol?erty~ which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ~2~0 ~aradise Point Road, Southold, New York~ 11971. 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4 That b~ such Petition, the undersigned will request the following relief: permission to con- strict in the "front yard" area, i.e., the area between the residence and Paradise Point Road (also known as Robinson Road)~ also~ buildinckwit_h__cg~Lr ola to be taller than 18'. 5. That the provisions of the Southold Town ZoningCode applicable to the relief sought by the under- III Section 100-33 signed are Article [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there exajT~ine the same during regular office hours. (516) 7~5-t809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' ~--~T~% ~ Petit~er Owners'Names: Jessica W. Barnard P0stO~ceAddress 225 Elderfields Road Manhasset, N. Y., 11030 Tel. No. ( 516 )627-4246 [Copy of sketch or plan purposes.] showing proposal to be attached for convenience PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAMI~ ADDRESS P 271 448 923 P 271 448 924 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE PROVIDED NOT FOR ~NTERNATIONAL MAIL NOT FOR INTERNATIONAL MAiL (See Reverse) (See Reverse) ~el K. Boyd treet and NO ~. O. Box 243 PO Stae and IPCode Sout~o]-c~, NY 11971 Re urn Receipt showing / ~ ~-'; ,- I,~'-~ Pos mark or Date ~ · '~ ~'-, ! ~(~n D. Sinning &oths treet and NO ¢. O. Bo.x 724 PO, St eand IP Code Postage ~ Certi0ed Fee Speoal Delivery Fee Restricted Delivery Fee TOTAL Postage and Fees, ", P 271 448 925 R~:CEIPT FOR CFRT~F~ED ~AIL NOT FOR INTERNAIlONAL MAIL (See Reverse) $ t to Henry C. $1fers S reel and No ~¢. 0. Box 1136 P O Stat and ZIP Code S ou~el~o ld, NY 11971 Certified Fee , Special Dehvery Fee Restricted Delivery Fee to whom and Date Delivered Return Receipt showing to whom Date and Address ol Dehvery TOTAL Postage and Fees S POS mark or D~te t STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: JOSEPHINE, H.. BOYD ,, residing at (no 4¢) Cedar Beach Roadr Southold~ New York, 11971 , being duly sworn, deposes and says that on the 4th day of March ,19 91 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assessment roll of the Town of $ou~hold; that said Notices were mailed at the United States Post Of- fice at Greenport, New York~ 11944 ;that said Notices were mailed to each of said persons by {certified) ~l~~, mail. Sworn t.o before me this 4'ch .~91_ Notary Public EDWARO JOHN 80YD 5th ~0, U77~525, Suffcl, C0un~y Josephine H. (This side does not have to be completed on form transmitted to adjoining property ownerS.)