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HomeMy WebLinkAbout3927 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 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3927 Matter of MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory building to tennis court located in front yard, accessories permitted in the rear yard area only. Property Location: Private Road ~7, Fords Road, Southold, County Tax Map No. 1000, Section 087, Block 01, Lot 18.4. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of MARK AND ELLIE GORDON, under Appeal No. 3927; 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 South Harbor Lane, hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 1, Lot 18.4. 2. This is an application for Variances from the Zoning Code Article III, Section 100-33, as disapproved for permission to construct an accessory building to tennis court located in front yard, accessories permitted in the rear yard area only. 3. Article III, Section 100-33, In Agricultural- Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses may be located in the required rear yard. Page 2 - Appl. No. 3927 Matter of MARK & ELLIE GORDON Decision rendered May 15, 1990 4. The subject premises in question is improved with a one story framed house and contains an area of 4.298 acres in this R-80 Zone District, the proposed accessory structure will be 55 X 24. 5. Also noted for the record under Appeal No. 3887 for a tennis court in the front yard area. This Decision was approved conditionally on January 9, 1990. 6. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue and placing the accessory building in any other location on the premises will require other variance relief; (b) that the area chosen for the accessory building is not unreasonably located; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; Id) 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. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of MARK & ELLIE GORDON as applied under Appeal No. 3927, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory building with shower facilities provide access into the facility by door or doors on exterior wall of building only. 2. That the accessory building only be used for storage purposes (excluding shower facilities) and that any lighting be shielded only to the properly exclusive of the tennis court facility which shall remain unlit. Page 2 Appl. No. 3927 Matter of MARK & ELLIE GORDON Decision rendered May 15, 1990 Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio (Absent Serge Doyen). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CT.k'~K Town Clerk, Town of Southold 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 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 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, APRIL 19, 1990, at the following times: 7:30 p.m. Appl. No. 3926 - MURRAY JACOBS. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved for permission to construct an accessory shed in side yard, accessory buildings may be located in the required rear yard. Property Location: 1180 Sage Boulevard, Greenport, County Tax Map No. 1000, Section 53, Block 5, Lot 9. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 to 7:35 p.m. Appl. No. 3927 MARK AND ELLIE GORDON. Variance the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory building t~o tennis court located in front yard, accessories permitted in the rear yard area only. Property Location: Private Road 97, ( F_ords Road, Southold, County Tax Map No. 1000, Section 087~ J ~ock 01, Lot 18.4. 7:40 p.m. Appl. No. 3928 - SAMUEL AND RACHEL SALZMAN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition to an existing dwelling, proposed construction will have insufficient front yard setbacks. Property Location: 65 Old Salt Road and 400 Rochelle Place, Mattituck, County Tax Map No. 1000, Section 144, Block 5, Lot 22. 7:45 p.m. Appl. No. 3920 - A. LIOS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a deck addition to existing pool, proposed construction exceeds permitted lot coverage, and will have insufficient side yard setbacks. Property Location: 310 Linda Road, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 14. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 7:50 p.m. Appl. No. 3921 - EILEEN VILLANI. Variance to the Zoning Ordinance, Article XXIII, Section 100-239 B, for permission to construct deck addition to existing one family dwelling, proposed construction will be within 75 ft. of water or wetlands. Property Location: Private Road 925 Wood Lane, Peconic, County Tax Map No. 1000, Section 086, Block 06, Lot 10. 7:55 p.m. Appl. No. 3919 - THOMAS COLLINS. Zoning Ordinance, Article XXIII, Section 100-239 permission to construct a deck addition to a one Variance to the 4.B, for family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive, East Marion, County Tax Map No. 1000, Section 35, Block 5, Lot 20. 8:00 pom. Appl. No. 3930 JOHN C. PERRONE. Special Exception to the Zoning Ordinance, Article X, Section 100-101B, for permission to occupy and use as a billiard parlor for commercial recreation. Property Location: Main Road, State Road 25, Mattituck, County Tax Map No. 1000, Section 122, Block 6, Lot 31. Page 4 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of April 19, 1990 8:05 p.m. Appl. No. 3914 - EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk and Parking Area, Article XXIII, Section 100-239.4, building setbacks from water or wetlands, permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, County Tax Map No. 1000, Section 083, Block 01, Lot 01. for 8:10 p.m. Appl. No. 3922 - ROBERT AND THERESA TURNER. Variance to the Zoning Ordinance, Article III, Section 100-30 A.4, Bulk and Parking area, for permission to construct an attached swimming pool to house. Drive, Laurel, County Tax Map No. Lot 17. Property Location: 1525 Albo 1000, Section 126, Block 03, 8:15 p.m. Appl. No. 3925 - ELSIE PARKIN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations in this Division of Land. Property Location 7575 Skunk Lane, Cutchogue, County Tax Map No. 1000, Section 104, Block 04, Lot 27. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 19, 1990 8:20 p.m. Appl. No. 3908 - ROBERT OCHENREITER AND EDWARD LENCESKI. Variance for reversal of a building permit to construct a one family dwelling. Property Location 565 Bayer Road, Mattituck, County Tax Map No. 1000, Section 139, Block 3, lot 14. 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 time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 765-1809. Dated April 9, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .......... PLEASE TAKE NOTICE that your application dated .~.~. ~ ........... ,19 ~ ~. for pe=it to ~..~9.~~~. ~. ~..~ .~..~ .... at Location of Property ~o~.*~d..7~ ~. ~.) .... ~~~. ? ............ House No. Street Hamlet Coun~ Tax Map No. 1000 Section .... ~ ~ ~ ..... Block .... ~. I ....... ~t ... 1 .~.'~ ..... Subdivision ................. Filed Map No. : .......... /r:~. · Lot No..~) ............. is returned herewith and disapproved on the following grounds [~.'/~ ' .~. ~/~. L,-~.c~/~~' ~ 1/80 TOWN OF SOUTHOLD,~?~ / / APPEAL FROM DEOS~ON OF BUiLDiNG ~NSPECTO%,,,,~p,,,~, 0~i. TO THE ZONING BOARD OF APPEALS, TOWN OFt~SO0~l~;t~l~ ~c~'k ,, ..... ...... Name of Appellant Street and Number .................. ..T...~..~..~...!...C'.. ........................................................... J~J..:.~....' ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO t~nu ~co ~- ~- ............ ....... Name of Applicant for permit .................. Street .................................. and Number Mumcipality Stat~ ( ) PERMIT TO USE ( )PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..... !..~...!...cj....~..~..~...~...:~...~....~..~.~.:~....?.....~..~.....~....~.~.~...~..........~......~..~..!~... ~'~' Street /Hamlet / Use District on Zoning Map District 1000 SectionO~'/Block ~ LotJ"/ ~ . .................................................................................. ~urre.~ O~ner I~o~ ~c t3JiCe_ Mop No. Lot No. Prior Owner 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 T1/[' Section I00-~ ~ 3. TYPE OF APPEAL Appeal is mode 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 not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (~/) request for a variance and was made in AppealNo. m . .~a J7 ............. Dated .... ...'~..,..~:/..~.... %..;..,.! ,~..~....~. ............. REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that Form ZBI Continue on other side) TOWN OF ..SOUTHOLD pROPERTY RECORD CARD OWNER FORMER OWNER VILLAGE DISTRICT SUB. ~TYPI~ OF~UILDING LOT : .: j - ! / */ LAND IMP. VL. F,~RM cOMM. TOTAL DATE REMARKS IND. ' CB. MISC. J ~N~W Farm Tillable 1 Tillable 2 Tillable 3 Wcodland Swampland Brushland Hc-use Plot Total 760 ~9~-~ Ac re Per Acre ABOVE Volue~ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 '~._ I~ ~_<~0(-~'-~ ~)-~ ~ 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE O ARACTER OF THE D STR C , because STATE OF NEW YORK ) ) ss COUNTY OF ) Signature '7 ~' of......~ ~ .............................. 19 ,~ Sworn to this .............................................. day LINDA J. COOPER Notary PubtJc, Sram of New York Ne ~-~22[~63, Suffo!k Countw-~,,~ Extension ~ ~, ,~.. / ?__z/~'~7z Basement I/~/ Floors ~,/~ ~/. Extension ~ ~Z~~ ~6~ ~ ~.Walls ~ ~ Interior Finish ~"en"°~ ~ X~~ ~'~e~'~ce '~. ~e~ I~ ~,~. /~ ~ ~7 > ,~7~ ' Porch Attic Porch Rooms 1st Fl~rl Breezeway Garage~ ~~ ~,/ J?~ Patio Rooms 2nd ~ ~°_ : ~ ~ ~ ~ Driveway R-~80 o -M I R-80 LITTLE PECON/C STATE 9F ~EW YORK ~ £ A L ? ~ 0 P E ~ T Y COUNTY SUFFOLK .. C R 0 S S R E F E R E N C E TOWN OF SOUTHOLD PARCEL [DENTIF[CATI~N-~ SWIS ~73889 PARCEL ID -1-15 Y CK 1089 R DG N A M E TOTAL C C QW GOME! ARTURO 3900---- ~ TB SOUTHOLn PARK~DIST 10000 ~ Wk. GO,.DON MARK & ELLI~.~ ' --~8~00~-- 87.-1-1~.6 ~ YD LAVINIA. RALPH .... ~700 87.-1-19 ~'t'~TU WELLS SOUTH HARBOR COR 6400 87.-1-20 C NX PAUL ROBERT E 8700 87.-1-21 COQ BAYLEY, ROBERT T ......... ~600---- 87.-1-22 ........ C PJ 9ALLENGER JR, W S & WF ....... 15900 87.-1-23.4 C TM £ASTOLDI PATR[C[A ANNE 13400-- ~7.-1-23.6 ................. ~__VE?EAUDIN, JOSEPH & WF _ 2400 87.-1-23.7 87.-1-23.8 87.-1-24.1 87.-1-24.2 87.-1-25 87.-1-26 87.-1-27 87.-2-1 87.-2-2 87.-2-3 87.-2-4 ~7.-2-6 87.-2-7 87.-2-8 87.-2-~ 87.-2-11 87.-2-12 87.-2-14 87.-2-15 87.-2-16 87o-2-18 87.-2-19 87.-2-20 87.-2-21 87.-2-25 87.-2-24 87.-2-25 87.-2-26 87°-2-27 8?.-2-29 87.-~-30 87.-~-31 R7.-2-3~ 87.-2-3~ 87.-2-~ ~7.-2-35 87.-2-37 C WA BLAKE CHARLES V 12100 C WW HOLZAPFEL JOHN & WF 9900 C RR GERARDI JO ANN ?300 C SN KUBACKI, JOSEPH & DORO 4900 C RO LAUGHING WATER PROPERT 600 C SH ORUM~ HENRY W ~ ANO 600 ........ ~TA WOLKOW[TZ GARY --- 1~0~ CNW MEALY, ROSA 1800 COP MEALY JR AUDREY & ANO 200 C PI MEALY. AUDREY 500 C QB LAUGHING WATER PROPERT C RN DEMARIA, RICHARD 6400 C SG RIOS ARTHUR ~ WF 5)00 C SZ AUMAN JR, FREDERICK P 4500 C TS BIEGAN, ~ERNARD & ESTE ..... ~0~ . C NV PRIETO RICHARD R & WF C O0 CRACCHIOLA ANTHONY & W ~3600 C PH TROISI MICHAEL E ~ WF 3300 C QT MATH[E, JOAN C RSB 7400 C RM SMALL, DAVID Y & WF 1400 C SF RICO, FRANK ~ WF SCF$ ?300 C TR WHITE JOHN J & ANO 5600 C UK DRESCH, WM C ~ WF 1400 C ON DEAN JEAN ! 8500 ' C PG SNELLENBURG BENTE 7800-- HILARY RICHARD C & WF 11100_ SPIRAKIS SOCRATES & WF 6800 LUHRS ADOLPH J & WF 8300_ PUFAHL ROBERT & CAROL 9300 . ~ERSON MARJORIE & ANO 2800__ ~ERSON,MAJORIE E ~500 · GEODESIC HOMES INC 13~00_ CHIRCO RONALD T & DOLO ....... 5900 C PZ C QS C RL C SE CSX C TQ C UJ C VC C PF C PY C QR C RK C SD C SW C TP C UI DE REEDER, EDWARD & WF 7200 KAZEMI,FARHAD ~ WF SSB .... 7000 KASSNER, ROBERT G & WF 8000. LEWANDOWSKI, ANTHONY ~ 7700 PALMIERI. ANTHONY N 1400 YANKE EDWARD R ~ DOROT 9800 MORRIS MELVIN W & WF 7000 ~EAR,FRANKLEN & WF ~' '6900 PAGE TOTALS'- -- 51 PARCELS (ACTIVE) 288,348 COUNTY 288~ (~) COUNTY OF SUFFOLK APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. Appl. No. 3887 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., lt.Y. 11971 TELE~ {516) 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Matter of MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct a tennis court in frontyard area. Property Location: 1019 Private Road #7 Fords Road, Southold, County Tax Map No. 1000, Section 87, Block 1, Lot 18.4. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of MARK AND ELLIE GORDON under Appeal No. 3887; and WHEREAS, at said hearing all those Who d~sired 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 South Harbor Lane, Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 1, Lot 18.4. 2. This is an application for Variances from the Zoning Code Article III, Section 100-33, for permission to construct a tennis court in frontyard area. 3. Article III, Section 100-33, in Agricultural- Conservation District and Low-Density Residential R-80, R-120, R-200, and R-400 Districts, accessory buildings and structures or other accessory uses may be located in the required rear yard. Page 2 - Appl. No. 3587 Matter of MARK AND ELLIE GORDON Decision rendered January 9, 1990 4. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue; and placing the proposed tennis court in any other location on the premises will require other variance relief; (b) that the area chosen for the tennis court is not unreasonably located; lc) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; Id) 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. Goehringer, it was RESOLVED, to GRANT a Variance in the matter of the application of MARK AND ELLIE GORDON as applied under Appeal No. 3887 for the placement of a 60' by 120' tennis court, SUBJECT TO THE FOLLOWING CONDITIONS: That the tennis court be moved 5 ft. further east (more center of lot). That the tennis court be no closer than 30 ft. from the west property line and 100+- ft. from the north property line. That the tennis court remain unlit and the fence does not exceed 10 ft. in height. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio (Absent Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEH~INGER, CF~AIRMAN Environment East, Inc. R. R. No. 3 - 3075 Indian Neck Lane Pe¢onic, New York 11958 516-734-7474 RICHARD GLUCKMAN ARCHITECTS 9 May 1990 The Board of Appeals Southold Town Southold, New York Project: Gordon Resider, ce A~cessory Building Dear Mr. Chairman and Members of the Board of Appeals: with regard to the referenced project, I would like to make the following remarks: -It was our intention to reduce the impact of two accessory structures by combining them in one structure that related to the Tennis Court. We have connected the two buildings with a gabled roof over a breezeway. -The 10' high Tennis Court fence provides a datum for the spring line of the roof. We have sloped the roof from this spring line up to the legal limit of 18' to provide a minimal amount of dry storage above the garage. -The resultant slope is similar to the slope at the main structure. Thank you for your consideration of this matter. Very truly yours, RG~ga 463 GREENWICH STREET · NEW YORK, NY 10013 · TEL 212' 925'8967 ' FAX 212'941 '8352 Environment East, Inc. R. R. No. 3 - 3075 Indian Neck Lane Peconic, New York 11958 516-734-7474 May 14, 1990 Southold Town Zoning'Board of Appeals Town Hall Sou~hold, NY 1197~ Re: Gordon application Dear Sirs, Enclosed is a copy of a letter from the Gordon's architect, Mr. Richard Gluckman. 'We received this last week and was expecting to receive the original by over night mail the following day. We, however, have not gotten it yet, but will contact Mr.' Gluckman again ..... --~ Sorry for any ~co~venience this has c=us;~ you. Sincerely, ~/ Peter R. President/ Env~ ~ Inc. DEPARTMENT OF' PLANNING ~OUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING June 18, 1990 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. Ap~ant(s) Municipal File Number(s) ~Mark and Ellie Gordon 3927 GGN:mb Very truly yours, Arthur H. Kurtz Director of Planning S/e Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, LI., NEW YORK $ rTE8 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 Pursuant to Articl~ 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: ×× Variance from the Zoning Code, Article zzI , Section Z00-33 Variance from Determination of Southold Town Building Inspector~ Special Exception, Article , Section Special Permit Appeal N0.:3927 Applicant: Mark and Ellie Gordon Location of Affected Land: Pvt. Rd. #7, Fords Rd., County Tax Map Item No.: 1000-87-Z-18.4 Within 500 feet of: Town or Village Boundary Line Southold, NY X× 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 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 requesting permission to construct an accessory. buildin~ to tennis court located in front yard. Copies of Town file and related documents enclosed for your review. Dated: June 14, 1990 SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK SOUTHOLD TOWN ZONING BOARD OF APPEALS HEARING - In the matter of: Samuel and Rachel Salzman A. Lies Eileen Villani Thomas Collins John C. Perrone Eva Halla Robert and Theresa Turner Elsie Parkin, Applicants 53095 Main Road Southold, New York 11971 April 19, 1990 BEFORE: GERARD P. GOEHRINGER, Chairman BOARD MEMBERS: CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ALSO PRESENT: DOREEN FERWERDA £ THE CHAIRMAN: What's the approximate distance from the water or the high water mark? MR. JACOBS: The high water mark is probably 25 feet, maybe 30. THE CHAIRMAN: Wh.at about on the road? MR. JACOBS: I would say that's about 7~ feet, but it is on/ia hill. ~ THE CHAIRMA When I was down there, the sh~d, it is e~isting? It is there presently? MR. JACOBS: Yes. / THE CHAIRMAN: There are no utilities on the shed at ~117 The reason why I did see it / was because/there are not any leaves on the trees. I~/is more difficult when there are .'MR. JACOBS: Was that your red Mercedes? / THE CHAIRMAN: No, I wish I had a red cedes. Somebody else sto there I guess. MR. JACOBS: It is a handsome little house. THE CHAIRMAN: I didn't say it wasn't. I have no further questions. Thank you for coming in and giving us those distances. I would ask you however, to recheck them for us, if you would not mind. MR. JACOBS: I'll do it tomorrow and I'll send you a note. I'll be glad to. THE CHAIRMAN: Anything else? Would anyone like to speak on behalf of this appli- ~c~a~ion? (Pause) Would anyQne like to speak agains{"t~s application? (Pause) · Are there any questions~he Board Members? I make ~H~o~ion to close the heHAIRMAN: No furt~ar~nOTents. MR. DINIZIO: Second. THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: Aye MR. DINIZIO: Aye THE CHAIRMAN: The next appeal i .Ma~ a~d Ellie Gord~,~Appeal number 3927'.~ The legal notice reads as follows: Upon application number 3927 - Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved for permission to con- struct an accessory buildin§ to tennis court located in front yard; accessories permitted in the rear yard only. Property location: Private Road #7, Fords Road, Southold, County Tax Map Number 1000-87-1-18.4. I have a copy of the survey dated May 7, 1987 by Roderick Van Tuyl (phonetically spelled) ?.C. and it indicates the prior appeal to this Board for the proposed tennis court which is Appeal Number 3887 and the nature of the application, that the proposed accessory building back up to what appears to be the sotheast side, tennis court and I have a copy of the Suffolk County Tax Map indicating that and the surrounding property in the area. Peter, would you like to be heard? PETER STOUTENBURGH: I'm representing the Gordons~ Mr. Chairman and Members, I'm here to answer any questions. The Gordons, in the previous Appeal, have been granted permission with a five-foot additional set-back from the west property line,whid~ seems to work out quite well. The neighbors seem pleased with that and also, reduce the tennis court from 60 feet to 55 feet. The structure they're looking to add to south end court is in furthest from the road closest to their house and will be used as a bath and shower service, sport facility and fQr storage. Previously the Gordons converted their garage, a couple of years ago, and found a lot of equipment and stuff they're looking to store. The utilities they plan are just water and electricity. It will be put on a slab similar construction to a garage. THE CHAIRMAN: The only restrictions we place on anything of this nature doors to the showers open on the In other words, well let me just is that the outside, Okay? ask you this question. The building is one-story? MR. STOUTENBURGH: It is within the accessory story. THE CHAIRMAN: So if we want to grant the application, if we put restrictions of 12 feet which we construe to be one story, does that fall within ... MR. STOUTENBURGH: I'm not designing it. It's the architect. I'm assuming because of the width of it, it would make t~building look very ...... I assume your problem with that,at leas~ from the design I have seen...did you get a sketch~ THE CHAIRMAN: We may have it here. I think we have. I'm showing 10 feet on the wall. I have it here. I just don't know what the height of the roof is. MR. STOUTENBURGH: We're shooting for 18 feet or whatever the limitations are on that. THE CHAIRMAN: Will you call us and tell us if it's 18 or whatever it is? I don't think there's any way of scaling it. MR. STOUTENBURGH: That's the problem. It is a sketch. THE CHAIRMAN: There's no scale on it. It only shows the 10 feet to this particular point which appears to be above the door. MR. STOUTENBURGH: I can get that informa- tion for you. THE CHAIRMAN: Okay. Is it going to be open rafters? MR. STOUTENBURGH: Yes, from what I've gotten from the architect and from the Gordons themselves. There's going to be two garages with open and closed screens and breezeway be- tween it and two sort of attic storage above it. No indication of interior finishing with the exception of the bath area and large doors, both of the garages on both ends. THE CHAIRMAN: It is going on 24x607 MR. STOUTENBURGH: 24x55. I can get the information on the height. THE CHAIRMAN: What I was saying before, your restriction is that the shower doors open on the outside to preclude, not necessarily in this case, this is a generalization preventing any type of habitable structure ending up with the subsequent owners. MR. STOUTENBURGH: I can understand that. I mentioned the bath opening out, no access from ihside. Is that the same thing as the showers? THE CHAIRMAN: Yes. MR. STOUTENBURGH: So long as the bath- room opens ... THE CHAIRMAN: To the exterior of the building. MR. STOUTENBURGH: I believe if does. That's one thing I knew about. THE CHAIRMAN: Okay, thank you very much. You'll send us, you'll give us a yell. MR. STOUTENBURGH I'll get it sent from the architect on his letterhead. 11. dwelling and the nature of this particular application is a 6-foot addition to the front of an existing garage and I have a copy of the Suffolk County Tax Map indicating this and property in the surrounding ares. Would somebody like to be heard? (No response) THE CHAIRMAN: Is there anybody who would like to speak in favor of this applica- tion? (No response) I really should pause ... THE CHAIRMAN: Is there anybody who would like to speak against this application? (No response) THE CHAIRMAN: Seeing no hands, I'll. make a motion to close the hearing and reserve the decision until later. MR. DINIZIO: Second. THE CHAIRMAN: Ail in favor? MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: MR. DINIZIO: THE CHAIRMAN: hearing we ever had. Aye Aye This is the fastest 10. THE CHAIRMAN: in favor of this application? THE CHAIRMAN: From the (no response) THE CHAIRMAN: Would anybody like to speak Against? (no one) Board Members? If there are no further questions, I make a motiqn to close the hearing. We will receive the height question from Mr. Stoutenburg. MR. DINIZIO: Second. MR. GRIGONIS: Aye MR. SA~ICKI: Aye MR. DINIZIO: Aye THE CHAIRMAN: The next is an appeal oneself of Samuel and Rachel Salzman~.Appeal Number ~8. Legal Not ice reads as~611ows: Upn ap~¢ation, applicant/~mber 3928, variance to the Zo~ o~ce Article III A, Section 100-30 A.3, ~sapproved for permis- sion to constr cu t~t(iitlon ~n existing dwell- ~d c/struction wild,ave insufficient front yard ack. Property loc 65 Old Salt Roa~and 400 Rochelle Place, Mattit~k, Count/Tax Map Number 1000, 144-5-22. / I have a copy of a sketch which is dated 14-90 indicafingrenovation for this particular CERTIFICATION I, Myrtle Kiefer, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript according to my official stenographic notes. Date Myrt~ Kiefer,~ U Grand Jury Reporter 55. I'd like to run out for a second and grab a little more water. We'll recess. So move. Ail in favor? MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: Aye. MR. DINIZIO: Aye (Recess of the Agenda for April 19, 1990) (Last hearing on April 19, 1990 Agenda, Robert Ochenreiter and Edward Lenceski, Number 3908 - See separate transcript, same date. 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 25 P.O. BOX 1179 SOUTHOI-D, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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 times allotted in the attached Legal Notice. Please feel free t~ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD P. CHAIRMAN GOEHRINGER NOTICE OF HEA~INGS NOTICE IS 14IEREBY GIVEN, pursuant t~J Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, N.Y. 11971, on THURSDAY, APRIL 19, 1990, at the following times: 7:30 p.m. Appl. No. 3926-- MURRAY JACOBS. Varianc~ to the Zoning Ordinance, Arti- cle II1, Section 100-33, as dis- approved for permission to con- struct an accessory shed in side yard, accessory buildings may be located in the required rear yard. Property Location: 1180 Sage Boulevard, Greenport, County Tax Map No. 1000, Section 53, Block 5, Lot 9. f7:35 p.m. Appl. No. 3927~ MARK AND ELLIE GOR- DON. Variance to the Zoning Ordinance, Article II1, Section 1 .0~-33, as disapproved, for per- mission to construct an acces- ~;Y building t° tennis c~ue~ I located in front yard, accessories permitted in the rear yard area ~niy. Property Location: Private Road fi'/, Fords Road, South~old, County Tax Map No. 1000, Sec:.,~ tion 087, Block 01, Lot 18.4. ~7:40 p.m. Appl. No. 3928-- SAMUEL AND RACHEL SALZMAN. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disap- proved, for permission to con- struct addition to an existing dwelling, proposed construction will have insufficient front yard setbacks. Property Location: 65 Old Salt Road and 400 Rochelle Place, Mattituck, County Tax Map No. 1000, Section 144, Block 5, Lot 22. 7:45 p.m. Appl. No. 3920-- A. LIOS. Variance to the Zon- ing Ordinance, Article XX1V, Section 100-244, as disapproved, for permission to construct a deck addition to existing pool, proposed construction exceeds permitted lot coverage, and will ' have insufficient side yard set- backs. Property Location: 310 Linda Road, Mattituck, Coun- ty Tax Map No. 1000, Section 106, Block 1, Lot 14. 7:50 p.m~ Appl~ No. 3921-- EILEEN VILLANL Variance to the Zoning Ordinance, Article XXIII, Section 100-239 B, for permission to construct deck ad- dition to existing one family dwelling, proposed construction will be within 75 ft. of water or wetlands. Property Location: Private Road 925 Wood Lane, Peconic, County Tax Map No. 1000, Section 086, Block 06, Lot 10. 7:55 p.m. Appl. No. 3919- THOMAS COLLINS. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239 4.B, for permission to construct a deck addition to a one family dv~lling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive, East Marion, County Tax Map No. 1000, Sec- tion 35, Block 5, Lot 20. 8:00 p.m. Appl. No. 3930-- JOHN C. PERRONE. Special Exception to the Zoning Ordi- nance, Article X, Section 100-10lB, for permission to oc- cupy and use as a billiard par- lor for commercial recreation. Property Location: Main Road, State Road 25, Mattituck, County Tax Map No. 1000, Sec-'~: tion 122, Block 6, Lot 31. 8:05 p.m. Appl. No. 3914- EVA HALLA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Article XXIV, Section 100-244, Bulk and Parking Area, Article XXIII, Section 100239.4, build- ing setbacks from water or wet- lands, for permission to con- struct a one family dwelling. Property Location: 55 Glen Court, Cutehogue, County Tax Map No. 1000, Section 083, Block 01, LOt 01. 8:10 p.m. Appl. No. 3922-- ROBERT AND THERESA TURNER. Variance to the Zon- ing Ordinance, Article 111, Sec- tion 100-30 A.4, Bulk and Park- ing area, for permission to con- struct an attached swimming pool to house. Property Loca- tion: 1525 Albo Drive, Laurel, County ~ Map No. 1000, Sec- tion 126, Block 03, LOt 17. 8:15 p.m. Appl. No. 3925-- ELSIE PARKIN. Variance to the Zoning Ordinance, Article II1 A, Section 100-30 A.3, Bulk and Parking Regulations in this Division of Land. Property Location: 7575 Skunk Lane, Cutchogue, County 2ltx Map No. 1000, Section 104, Block 04, Lot 27. 8:20 p.m. Appl. No. 3908-- ROBERT OCHENREITER AND EDWARD LENCESKI. Variance for reversal of a build- ing permit to construct a one family dwelling. Property Loca- tion: 565 Bayer Road, Matti- tuck, County Tax Map No. 1000, Section 139, Block 3, Lot 14. The Board of Appeals will at said time and place hear any and all persons or representatives de- siring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allot- ted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: April 9, 1990 · BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda 1X, 4/12/90 (80) NOTICE OF HEARINGS NOTICE I~ 11EREBY GIVE~/. pur- suant to Section 267 of the Town Law and thc Code of the Town of Southold, the following heatings will bc held by thc SOUTIIOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town hall, Main l~oad, $outhold, NY 11971, on TIIURSDAY, APRIL 19, 1990, at thc following times: 7:30 p.m, Appl. No., 3926 -- MURRAy JACOBS. Variance to thc Zoning Ordinance, At/iclc III, Sec- tion 100-33, as disapproved for sory shed in side yard. accessory buildings may be located in thc rc- i(cSMAl~i3)i~'~Ckp.~.~tp9pi. No. 3927--~ n ,5 the '2,tin OOrgl, nan% : ~le 11[, Section 100-33, as disep-4 7:40 p.m. Appl. No. 3928 -- SAMUEL AND RACHEL SALZ- MAN. Vatian(x: to thc Zoning Ordi- nance, Article III A. $cction 100- 30 A.3. as disapproved, for permission to construct addition to an existing dwelling, proposed construction will have insufficient front yard setbacks. Properly Location: 65 Old Salt Road and 400 Rochelle Place, Mattituck. County Tax Map No. 1000. Section 144, Block 5, Lot 22. 7:45 p.m. Appl. No. 3920 -- A. LIOS. Vadance to the Zoning Ordi- nance, Article XXIV, Section I00- 244, as disapproved, for permis- sion lo'construct a deck addition to existihg pool, proposed construc- tion exceeds permitted lot cover- adC. and will have insufficient aide yard scthacks. Property Location: 310 Linde Road, Matfituck, County Tax map No. 1000, Section 106. Block 1, Lot 14. 7:50 p.m, AppL No. 3921 -- EILE .I~N VILLANI. Variance to the Zoning Ordinance, Article XXLII. Section 100-239 B, for permission lo construct deck addition to exist- ing one family dwelling, proposed construction will be within 75 of water or wetlands. Property Location: Private Roed 925 Wood Lane, Peconic, County Tax Map No. I000, Section 086. Block 06, Lot 10. 7:55 p.m. AppL No. 3919 -- TI1OMAS COLLINS. Variance to the Zoning Ordinance, Article XXIlI, Section 100-239 4.B, for permission to construct a deck addition to a one family dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive. East Marion, County Tax Map No. 1000, Scction 35, Block 5, Lct 20. 8:00 p.m. Appl. No. 3930 -- J?IIN C. PERRONE. Special 'Excep- tion to the Zoning Ordinance, Ar- ticle X, Scction 100-10lB, for peHnis$ion to occupy and usc as a billiard parlor for commercial rccre- etlon. Propcrty Location: Main Road, Slate Road 25, Mattituck, County Tax Map No. 1000, Section 122, Block 6, Lot 31. . 8:05 p.m. Appl. No. 3914 -- EVA IIALLA. Variance to thc Zon- ing Ordinance, Arilein III A, Sec- tion 100-30 A.3. Articlc XXIV, Section 100-244. Bulk and Parking Area, Article XXIII, Section 100- 239.4, building setbacks from wa- ter or'wetlands, for permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchfgue, County Tax Map No. 1000. Section 083, Block 01, Lot 01. 8:10 p.m. Appl. No. 3922 -- ROBERT OCHSENREITER AND EDWARD LENC 'ESKL Variance for RICHARD GLUCKMAN ARCHITECTS 9 May 1990 The Board of Appeals Southold Town Southold, New York Project: Gordon Residence Accessory Building Dear Mr. Chairman and Members of the Board of Appeals: With regard to the referenced project, I would like to make the following remarks: -It was our intention to reduce the i~pact of two accessory structures by combining them in one structure that related to the Tennis Court. We have connected the two buildings with a gabled roof over a breezeway. -The 10' high Tennis Court fence provides a datum for the spring line of the roof. We have sloped the roof from this spring line up to the legal limit of 18' to provide a minimal amount of dry storage above the garage. -The resultant slope is similar to the slope at the main structure. Thank you for your consideration of this matter. Very truly yours, RG:ga 463 GREENWICH STREET · NEW YORK, NY 10013 · TEL 212' 925' 8967 · FAX 212' 941 · 8352 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HAL.PIN SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING Town of Southold Zoning Board of Appeals Re: April 16, 1990 Appeal #'s Town of Southold Gentlemen: Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Commission. The following information will only be accepted upon submission through the offices of the municipal referring agency. Please provide the following: (1) a transcript of the minutes of the public hearing; and (2) the analysis and conditional findings of the ZBA. Thank you. Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/sGerald G. Newman Chief Planner Southold Town Board of Appeals IVlAIN ROAD-STATE ROAD 25' c~OUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Pursuant to Board of Appeals the Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers following to the Suffolk County Planning Commission: .... Variance from the Zoning Code, ArticleIII , Sectionlo0-33 Variance from Determination of South61d Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3927 Applicant: Mark and Ellie Gordon Location of Affected Land: 1019 Pvt. Rd. #7, Fords County Tax Map Item No.: 1000-87-1-17 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) Rd., Southold, NY State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct an accessory building to tennis court in front yard area Copies of Town file and related documents enclosed for your review. Dated: April. lO, 1990 Land Channel Channel 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 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 April 9, 1990 Environment East, Inc. 3075 Indian Neck Lane Peconic ~, NY 11958 Re: Appl. No. 3927 - Mark and Ellie Gordon (Variance) Dear Mr. Stoutenberg: This letter will acknowledge receipt of your application for a variance and confirm that the Board members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. The public hearing on this application is expected to be held on or about April 19, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very truiY,~ GERARD P. GOEHRINGER CHAIRMAN GPG/df APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWiCKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 S.E.O..R.A. TYPE II ACTION DECLARATION Appeal No. 3927 Project/Applicants: County Tax Map No. Location of Project: MARK AND ELLIE GORDON 1000- 87-1-18.4 Private Road #7, Fords Road, Southold Relief Requested/Jurisdiction Before This Board in this Project: Construct accessory building to tennis court located in front yard, accessory buildings permitted in rear yard only. 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. tr JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: FROM: RE: DATED: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 3927, ENVIRONMENT EAST, on behalf of MARK & ELLIE GORDON MARCH 7, 1990 INC. Transmitted is application for variance sumitted by Enviroment East, Inc., on behalf of Mark and Ellie Gordon together with notification to adjacent property owners; Notice of Disapproval by the Building Department; short environmental assessment form; ZBa questionaire form; Certificate of occupancy issued 7/10/87, Number Z-18400; 3 copies of architect's drawings of proposed building; maps of Mr. Gordon's property and surrounding property. ' L~ROJE~'~r-I.D. NUMIaER 617.21 ~i~ Appendix C- Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQR For UNLISTED ACTIONs Only PART I--PROJECT INFORMATION (To be completed by AoDlicant or Project s0onsor) 6. DESCRIBE PROJECT BRIEFLy: [] Moctiticat Ion/altePat/on ?. AMOUNT OF EANO AFFECTED: init/ally ~ acres Ultimately ~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? 10. CEE ACTJO~'~ INVOLVE A PERMIT APPROVAL. OR FUNOJNG. NOW OR ULTIMATELy FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE R LOCAL)? . .- ~P~es [] ¢40 If yes, li$1 agency(si an~l permit/approvals DOES ANY ASPECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AB A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE 8EST OF MY KNOWLEDGE '--'------'-- I! the action is in the Coastal Area. and you are a state agency, complele the Coastal Assessment Form beiore proceeding with this assessment OVER I (Continued on reverse side) The N y S £nv~r°nmental Quality Review Act require S}{~OR? (a; In--order to answer the questions in this short EA~ it is assumed that the preparer will use CUrrently available information COncornin~ the project and the likely impacts of the action. It is not exuected that additional Studies, research Or other investigations will b~ undertaken. (b) If any question has been answered Yes the project may be sig- (c) If all questions have been answered No it is likely that the project ia not Significant. (dj Environmental Assessmen~ 1. Will Project result in a larce PhySical change to the project Site or physicali¥ alter more than l0 acres of land? 2. Will there be a major change to any Unique 3. Will project alter or have a large effect on ~Yes 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow 6. Will project affect any threatened or endangered plant or animal species? 7.Will project result in a ma~or adverse effect on air quality? 8. Will proj$ct have a major effect on visual char--- known to be important to the community? . Yes Ute of historic, pre-historic, Or paleontoloqlcu£, importance or any site deslgnated as a critical environmental area by a Local agency? - Yes 10. Will project have a m~jor effect on existing or ll. Will project result in major traffic problems or Will project regularly cause objectionable odors, noise, glare, Vibratlon, or electrical disturb- ance as a result of the pro]cot's operation? ~_Yes 13. Will project have any impact on public health or Safety? 14. Will project affect the existinq community b~ Is there public controversy COncerning the project? Preparer,s $iSna~ure: ~%es QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? YesG 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc? If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground' level? State total: ~ ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes Yes ~ Yes ~ Yes ~ Yes ~ Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): 10. Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other ~Q~A~ Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes No Yes No Yes No Yes No Yes No Yes No Yes Yes ~ 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes 13. Please list present use or operations conducted upon the subject property at this time and proposed Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application· Signatur~!~Propert~ O~ner) (~dthorized Agent) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 24976; 3-26- 85 by L.L. No. 6-1985[: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low title are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs. salt marsh, swamps, meadows, flats or other low lying lands subject 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 thc following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow march cordgrass; anti/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANI)S: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to ltd) 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 Bt1) anti lying with- in seventy-five (75) feet landward of thc most land- ward edge of a "fl'cshwater wet]and." ( 9705 'z. ~r,. ss FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICAT~ OF OCCUPANCY No Z-18400 Date SEPTI~4BER 21~ 1989 THIS CERTIFIES that the building ,, ALTERATION Location of Property 4845 R.O.W. SOUTH HARBOR RD. House No. Street SOUTHOLDi,~.Y. Hamlet County Tax Map Nd. 1000 Section 087 Block 01 Lot 17 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 10g 1987 pursuant to which Building Permit No. 16235-Z dated JULy 19~ 1987 was issued, and conforms to all of the requirements of the applicable provisions of the law. Theoccupancy for which this certificate is issued is ALTERATIONS TO F. XISTING BUILDING AS APPLIED FOR. The certificate is issued to (owners) of the aforesaid building. SUFFOLK COUNTer DEPARTMENT OF HEJILTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATF~D H-004115 - ~RU~Y!~ 1988 Building Inspector Rev. 1/81 Environment East, Inc. R. R. No. 3 3075 Inc~an Neck Lane Pecon~1958 March 2, 1990 Southold Town B~ard of Appeals Town Hall Main Road Southold, NY 11971 Dear Sirs, On behalf of Mark and Ellie Gordor~ variance to construct a tennis ~ourt at Fords Road, Southold on Appl. no. 3887. applied and received a 10't9 Private Road # 7, The Gordons would also like to have an accessory building constructed to coincide with the tennis court. We are requesting a review of this appeal and a determination as to wheter an addition could be made to it or should another application be filed to cover the new building. A survey showing the tennis court location and the proposed building is~attached with a cody of App!. No. 3887. If any additional 6formation is needed, please let me know. Sincerely~ Peter R.~t ~ ~tenburgh President/ Environm~t East, Inc, Encl. APPEALS BOARD MENIBERS ~ERAflD P. GOEHfllNGER, CHAIRMAN ~,HARL£$ GRIGONI$, JR. SERGE DOYEN, JP~. JOSEPH H. $AWICKI JA.~t=~ OJNIZJO, J~. Southold Tow i Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHQLD, I,..I., N.Y. 11971 TELEPHONE (§16) 765-1809 FAX NO, (516) 765-1623 ACTION OF ~AE BOARD OF APPEALS Appl. NO. 3887 Matter of MARK AND ELLIE GORDON. Varia6¢e to the Zoning Ordinance, Article-III, Soction 100-33, for permission to construct a tennis court in frontyard area. IProperty Location; 1019 Private Road #7 Fords Road, Southold, C~Unty Tax Map No. 1000, Section 87, Block 1, Lot 18.4. WHEREAS, a public hearing was held and concluded on Dece~er 19, 1989 in the matter of the Application of ~%RK AND ELLIE GOP/)ON under Appeal No. 3887; 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 promises in quostion, ,its presont zoning, and tho surrounding areas; and ~ ~'WHEREAS, the Board made the following findings of fact; 1. The premises in question is located along the south side of ~outh Harbor Lane, Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 87, Block 1, Lot 18.4. 2. This ls~an application for Variances from the Zoning Code Article III, Section 100-33, for permission to construct a ~ennis court in frontyard area. 3. Article III, Section 100-33, in Agricultural- Conservation District and Low-Donsity Residential R-80, R-120, R-20.0, and R-400 Districts, accessory buildings and structures /or other accessory uses may be locate~ in the required rear yard. ~age 2 - Appl. No. 3887 Matter of MARK ARD ELLIE GORDON Decision rendered January 9, 1990 4. In considering this application, the Board finds ar~ determines: (a) that there is no other method for appellants to pursue; and placing the proposed tennis court in any other location on the premises will require other variance relief; (b) that the area chosen for the tennis court is not unreasonably located; (c) that the variance will not in turn "cause a substantial effect on the safety, health, welfare, comfort, convenience and/or orde~ of the Town; !~ (d) that in carefully considering the record and all the a~ove factors, the interests of justice willlbe served by 9ranting the variance, a~ applied conditiona~ly noted below. Accordingly, on motion by Mr. GrigQnis, Seconded by Mr. Goehringer, it was } RESOLVED, to GRANT a Variance in the matter of the application of MARK A/~D ELLIEGORDON as applied under Appeal No. 3887 for the placement of a 60' by 120' tennis .court, SUBJECT TO THE FOLLOWING CONDITIONS: That the tennis court be moved 5 ft. iurther east (more center of lot). That the tennis court be no closer than 30 ft. from the west property line and 100+- ft. from the north property line. That the tennis court remain unlit and the fence does not exceed 10 ft. in height. Vote of the Board: ~yen, and Dinizio duly adopted. Ayes: Messrs. Goe~inger, Grigonis, (Absent Joseph Sawicki), ilThis resolution was ~ GOEHR'ING 'ER,'~IRMAN FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.; 765-1803 <stained ................ , 19.,, ~proved ................. 19... Permit No ............ sapproved a/c ..................................... )ARD OF HEALTH ............ SETS OF PLANS ............ SURVEY ..................... CHECK ...................... SEPTIC FORbl ................ NOTIFY CALL ..................... MAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . 1.iarcla .2,. 2.c~90., 19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to tile Building Inspector~ with 3 s of plans, accurate plot plan to scale. Fee according to schedule· b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of tkis appli- ion. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the appLicant. Such permit dl be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for say purpose whatever until a Certificate of Occupancy dl have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the tiding Zone Ordinance of the Town of Southold, Suffolk County, New York, a.nd other applicable Laws. Ordinances or gulations, fo: *.he construction of buildings, ad,d. itions or alterations, or for removal or demolition, as herein described e applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to nit authorized inspectors on premises and in building for necessary inspections. ~nvironment FaSt, Inc. (S~gnature ot aplLhcant, or name, if a corporanon) 3075 Iadian ~eck ~,~ne · ........................ (Mailing address of applicant) ~te whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. General Contractor me of owner of premises (as on the tax roll or latest deed) ,pplic~~ture 9f duly authorized officer. .......... ~(Nam~and title of co.orate officer) Builder's License No. ~3~ .................. Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be done .................................................. · 1-0t 9..P.v~ · RA..~..7- .~or~ia .Roa~ .................. $omt hold }louse Number : Street\ Hamlet County Tax Map No. I000 Section .... 0~'7 .... Bjpck 1 Subdivision ..................................... Eilcd Map No ............... Lot ............... (Name) ) State existing use and occupancy of premises and intended use and occupancy of proposed construction: Existing and .S.in~le. ~ar~~ ~y. flwe.lli, n~ ' a. use occupancy .... · ~. .- · b. Intended use and occupancy 2l.~le ~amil~..dwe~li~L. ~¢/.. !acees~'ory bldg. '~ iCrc): New Building .,..X..' ..... Addition~. ' ' ' 3. ~ea;a~; ut work (ch. eck wh.~maPoPvl: ......... Alteration ...... ............. a .............. Demolition .............. Other Work ...... 4. Estimate'd Cost ~..~.~.O. '. ~ Fee (Description) (to be paid on filing this application) $. If d~velling, number of dwelling units ....L .......... Number of dwelling units on each floor ........ ' ...... If garage, number of cars ................. i ............... 6. If business' C°mmercial or mixed occupancy, specify nature and extent of each type of use .............. 7. Dimensions of existing struct, ures, if any: Front .... i ......... Rear ............... Depth ........ Huight ............... Number of Stories ..... Dimensions of same structure with alterations or additions: Front .............. D pth ti ight ................. Rear... e ...................... e ......... N ,bet of Stori .... :i;: ': ..... 8 Di io of entire tio F ~'.01 ........... un es ......... · mens ns newconstruc n: runt .... ' ...... ........ Rear ............... Depth ............ m,lit ............... Number of Stories . , . · · 9. Sizeoflot:Front.: .................... Rear ........ ~ ............. Depth ........ i i i..i '.0. Date of Purchase ............................. Name of F~rmer Owner ....................... 1. Zone or Use district in which premises are situated re s ~.de nt I, 1. ·. · · . · 2. Does proposed construction violate any zoning law, ordinance or regulation iiiiiii ......... 3. Will lot beregraded .. ' : .. ' .... i ..... iii ....... 4. Name of Owner or nremi}i~' '~ '~' 'o;~3~t ;'ri' ........ W,ll ex~cxg[s fi.l~be removed from premises: ' Vel .... I~ . ~ ....... · .............. Address ~.: -.- . - Name of ArcMtect ......... .~ Sou~'ff6Id'~' ':~Y ..... Phone No.76~ '3 ~,~' .... Name of Contractor ~, ey;L?.v, gmen¢ E~sg~ ~'nc .... 3075 E~fi:".~'Ir:"~rlPh°neN° ................ · If yea, Soul;hold Io~n Irua~teul Pt~rmtc m~y bla requlrnd. ,.. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-bask dimensions from roperty lines. Give street a.nd block number or description according to deed, and show street names and indicate whether zterior or corner lot. .\TE OF NF~ YO~I~'~ / ~ UNT,_Y~OF. ~..~ ~. {, K' S.S ,ye named~'. amc olindividual $ioning contract) kJ ' ' being duly sworn, deposes and says that he is the applicant c ent] coq;orate ;ffice;, e'tc.') ,aid owner or owners, and ~s duly authorize~d~to pc,rform or have performed thc said work and to make an s lication; that all statements contained in this application are true to the best of his knowledge and belief; and that the ~ will be performed in the manner set forth in the application filed therewith. m to before me this ............. day~f ..... 19 .... . Notary Pu.b, llc, 8tote of New ¥odc ' ' · ............ ,~o. ~879505 ~ -- Oualifi~.~ in Suffolk Court (Signaturc of applicant) VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR . (516) 76~-1802 FAX (516] 765-1823 Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD February 7, 1990 Environmang 3075 Indian leek Lane .... ~ ........ Dear Peter: Iu reply Co your letter OE ~ebruary 5, 1990, re- g~xd~ng, Hagg a~g Kllie Gor~on.,:,,I~.will be nec, aaeary to Bo back to the Zoning Board oE Appeals, to reques¢ ~rQ~ ~em their approve! o~ the pro- posed VGL:hkd Victor 0. Lesaard Principal Inspector HEARINGS FOR APRIL 19, Long Island Watchman Suffolk Times Clerk Bulletin Board Z.B.A. Bulletin Board Environment East, Inc. Richard Lark, Esq. Mr. Murray Jacobs Karen Hagen, Esq. Robert F. Kozakiewicz, Esq. Robert Bohn Ms. Tanya Lachenmer Robert Turner Charles Cuddy, Esq. Mr. Samuel Salzman 1990 - Legal Notices sent on or about the following: 3075 Indian Neck Lane Peconic, NY 11958 (for Gordon #3927) PO Box 1033, 7575 Cox Cutchogue, NY 11935 (for Halla #3914) Lane 1180 Sage Blvd. Greenport, NY 11944 (for #3926) Wickham, Wickham & Bressler Main Road, PO Box 1424 Mattituck, NY 11952 (for Parkin #3925) 616 Roanoke Avenue, PO Box Riverhead, NY 11901 (for Villani #3921) 779 PO Box 55 Peconic, NY 11958 (for Lios #3920) Land Use Co. 2576 Sound'Avenue Baiting Hollow, NY (for Collins #3919) 11933 1525 Albo Drive Laurel, NY 11948 (#3922) Box 1547 Riverhead, NY 11901 42 Maxwell Road Garden City, NY 11530 to BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southoid TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the sub ect of the Petitio, n is located adjaceQ.t to your.property and is des- cribed as follows: ~i~.~ /~C~'~., 'D~-cc~I ~)C'~,tv~ ~0 ~ ~0~ 3. That the property ,which is the subject of such Petition is located in the following zoning district: 4 1ha, h¥ such Pelidon, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under* signed are ~t±cle ~¢- Section ~ O0 - .-~ 3 [ ] Section 280-^, New York Town Law for approval of access over right(s)-of-way. 6. That within five da~s 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 ma), then and there examine the same during regular office hours. (516) ?~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the lown of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner 0 ne.s',. es: t Post Office Address Te . [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAMI~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS,: · ~ ~ . being duly sworn, deposes and says that on the ~ day of Ll~L~r]xL ~ ', 19 (~L~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~L-~/~(~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this ~ ~ day of ')"~'~Z~ , 19 ~c) N o~a r y eubli~c UNDA J. COOPER N~ery Public, State of New York No. 4822563, Suffolk County~ A Term Expires December 31, 19_.~_~ (This side does not have to be completed on form transmitted to adjoining property owners.) / ! ,/