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HomeMy WebLinkAbout3868Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ¢:OUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. NO. 3868 Matter of NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article X~III, Section 100-239d a, as disapproved for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of NICHOLAS NICKOLAUS, under Appeal No. 3868; 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, andthe surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Soundview Avenue, Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 1, Lot 2. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239d A, for permission to construct addition to existing one family dwelling and accessory building, proposed construction will be within 100 feet of the Sound. 3. Article XXIII, Section 100-239d (A) (1), requires all buildings located on lots adjacent to Long Island Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) ft. from the top of such bluff or bank. Page 2 - Appl. No. 3868 Matter of NICHOLAS NICKOLAUS Decision rendered January 9, 1990 4. The subject premises for the proposed cabana is known and referred to as being 12' by 12', and the proposed one story additions are located west of the property line and will be 20' by 22' and 12' by 14'. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed cabana and additions in any other location on the premises will require other variance relief; (c) that the area chosen for the cabana and additions is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of NICHOLAS NICKOLAUS as applied under Appeal No. 3868 for the placement of cabana and additions to existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS. That the cabana only be used for storage purposes and that it have no sleeping quarters. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio, (Absent Joseph Sawicki). This resolution was duly adopted. df RECEIVED AND FILED BY THE SOUTHOLD TO%VN CLERK Town Clerk, Town c! GERARD P. GGEHRI~NGER ,.~IRMAN Southold Town Board of Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765'1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. 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 TUESDAY, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870 - MATTHEW CUSUMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, (Arbicle IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchog~e, County Tax Map No. 1000, Section 136, Block 01, Lot 01. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. 7:35 p.m. Appl. No. 3868 - NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of Sound in this 7:40 p.m. Applo No. 3881 - WARREN AUGENTHALER. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct accessory building in frontyard area. Property Location: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, Lot 12. 7:45 p.m. Appl. No. 3893 - MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling). Proper.ty Location: 61339 Main Road, $outhold, County Tax Map No. 3000, Section 56, Block 1, Lot 41. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:50 p.m. Appl. No. 3873 -~VINKO NALETILIC. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Lucation: 780 Orchard Street and 1300-2nd Street, New Suffolk, County Tax Map No. 1000, Section 117, Block 7, ~ot 22. 7:55 p.m. Appl. No. 3879 - CHARLES MALONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence exceeds 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886 - ROBERT STAPLES. Variance to the zoning Ordinance, Article XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to freshwater wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from freshwater wetland. Property Location: 785 Wilmarth Avenue, Greenpo~t, County Tax Map No. 1000, Section 41, Block 1, Lot 7. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:05 p.m. Appl. No. 3894 - JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax map No. 1000, Section 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3892 - ANTHONY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct an accessory shed and gazebo in front yard area. Property Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Section 23, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 - ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to ~onstruct Accessories; pool, tennis court and shed in front yard area. Property Location: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:20 p.m. Appl. No. 3887 ~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 B7, Block 1, Lot 18.4. 8:25 p.m. Appl. No. 3891 - ELIZABETH JOHNSTON. Variance to the Zoning Ordinance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 0%. 8:30 p.m. Appl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regulations. Property Location: Main BaYV'iew Road, Southold, County Tax Map No. 1000, Section 078, Block ~9, Lot 30. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:35 p.m. Appl. No. 3889 ~.TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20), for approval of insufficient area in this pending division of land. Property Location: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.~, 1.4, 1.5. 8:40 p.m. Appl. No. 3890 - WALTER GLASSER. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beckwith Avenue, Southold, County Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the Winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. ~age 7 - Notice of Hearings So~thold Town Board of Appeals Regular Meeting of December 19, 1989 8:50 p.m. Appl. No. 3896 ~~ JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. Property Location: 55415 Main Road Southold, County Tax Map No. 1000, Section 62, Block t, Lot 12. 8:55 p.m. Appl. No. 3872 - COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 9:00 p.m. Appl. No. 3770 - PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on November 8, 1989. 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 ~rior 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 December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda · ' FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOS~N CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL _ Date ..d /~ ............. ,9 .~... ·..z,'--~.,~..z.~,,~,~'....,~. ......... · . ~.,~.~., ~-.~,.../z ~... PLEASE TAKE NOTICE that your application dated .....~ ................ 19~.. County Tax Map No. ]000 Secaon ..... ~/..' ....Block ....~. ~ ....... Lot .. ~ ......... Subdivision ................. Filed Map No ................. Lot No ........ · .......... ~:. /~ t~z .... ~., . ~. .~~~ : ~ . .~ .... ,~..~. .~ ~ ~ ~~ .... ........... ........ ....... ..~. ' . ~~nspector ..... RV 1/80 TOWN OF SOUTHOLD, NEW YORIC .,~ ..' ~ I~ IV .~' I~ APPEAL FROM DECISION OF BUILDING INSPECTOR I;l~ ~>'~' JUL 0 TO THE ZONING BOARD OF APPEALS, TOWN OF ~l~lll~L~:~. ~.~ ^PPEAL NO. DATE Nicholas & Katie Nickolaus 17555 Soundview Avenue I, (We) .................................................................. of ............................................................................ Name of Appellant Street and Number Southol d ..N..e..w....Y..0..r..k. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON DATED J 1989 APPLICATION FOR PERMIT NO. une 16~ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) Name of Applicant for permit of 17555 Soundview Ave., Southold~ .ItY 11971 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Soundview Ave.~ Southold - Residential Street /Hamlet / Use District on Zoning Map District 1000 Section 51 Block1 Lot 2 .................................................................................. Current Owner N. & K. Nickolaus Mop No. Lot No. Prior Owner Bruce R. Turner 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 OrdinanceJ Article XXIII Section 100-239dA (100 ft. from bluff) 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (XX) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to Pack of access (State of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (¢~sJ,(has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 2BOA Subsection 3 X) A Variance to the Zoning Ordinance ) ~s requested for the reason that proposed house addition and separate pool cabana is less than 100 feet from the existing top of bluff along the Long Island Sound. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF, THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the proposed improvements would not increase existing setbacks on the property from. t~ current situation. The existing improvements of residence, swimming pool, porch~,~dl~?a~d~pb6q retaining walls, are closer than the current code requirement of 100-foot setback. The purpose of the addition on the east side of the house is to construct a master bedroom on the main level for retirement purposes. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this prope~y and in this use district because the existing house was built in this location prior to the 100-foot setback requirement. Existing residence, porch, pool and pool retaining walls have been established by prior building permits. Relocation of these improvements to meet current code of 100-foot setback would be an unreasonable hardship. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it is an existing single family residence with large significant front yard and side yard setbacks which will make the proposed improvements insignificant to adjacent neighbors and the surrounding community. STATE OF NEW YORK ) ) ss COUNTY OF /v',q.~',~ ) Sworn to this ............. l.,.~......--. ...................... day of ........................ 19 Notary Public ! PETER SCHWARTZMAN NOTARY PUBLIC, State of New Yolk NO. 52-8870175 OWN E R FORMER OWNER TOWN OF $OUTHOLD P~OPERTY RECORD CARD STREET VILLAGE ' DISTRICT SUB. LOT " ACREAGE RES, o~--/~) SEAS. LAND IMP. VL FARM COMM. I IND. TOTAL DATE REMARKS AGE NEW NORMAL Farm Acre, Tillable 2 Tillable 3 Woodland Swamplan~l Brushland House Plot Total BUILDING CONDITION BELOW : Value Per Acre ABOVE Value CB. MISC. Extension ~/'iA-u/~)~. I~ = q~¥ -.)~ i~.~~~ ~~_ Interior Finish ~ ~(.~ ~tension ,- ,: Pore,, ~ ~ A~ic - ~ R~ ist Flor I R~ms 2nd Flor Patio Breezew~ a"r".e ~ ~1< ~X~/~~4''7 /~2~F,~rivew"y So old Town Board o£ Appeals . .. . APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. JOSEPH H. SAW[CKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3824: Application of NICK AND KATIE NICKOLAUS for a Variance to the Zoning Ordinance, Article III, Section 100-33 (previously 100-32) for permission to locate accessory building in an area other than the required rear yard. Zone District: R-80. Location of Property: 17555 Soundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 1, Lot 2. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of NICK AND KATIE NICKOLAUS under Appeal No. 3824; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Sound View Avenue in the Hamlet and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 1, Lot 2. Page 2 - Appeal No. 3824 Matter of NICK & KATIE NICKOLAUS Decision Rendered March 16, 1989 2. The subject premises is a described parcel of land containing a total area of 3.01 acres, lot frontage of 130.0 feet (lot width at the principal building line approximately 278 feet, and lot depth of 550+- feet. 3. The subject premises is improved with a single-family, two-story frame house and inground swimmingpool with fence enclosure along the westerly side of the dwelling, all as sketched on survey dated February 10, 1981 (of Roderick VanTuyl, P.C.). 3. By this application, appellants request a variance from Article III, Section 100-33 of the Zoning Code for permission to locate 10' x 18' one-story storage shed along the existing pool fence enclosure with a setback of approximately 90 feet from the bluff and 60+- feet from the westerly property line, all as sketched on the copy of survey submitted for consideration. 4. Article III, Section 100-33 of the Zoning Code requires accessory buildings to be located in the required rear yard area. The required rear yard area for this parcel is that land area between the house and the bluff. 5. It is noted that at the time of the filing of this application on February 3, 1989, Article XI, Section 100-119.2 of the previous zoning code was not included in the newly adopted zoning code amendments (when enacted on or about January 22, 1989). For practical purposes, it is noted that the location of the subject pool shed along the outside of the fence enclosure is not much different than locating same within the fence enclosure, particularly due to the great distance in the yard setbacks (which will not require additional relief by way of a variance). 6. In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the variance requested is uniquely related to the property and will not alter the essential character of the neighborhood; (c) the variance requested is the minimal necessary to afford relief and is not substantial; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the Page 3 - Appeal No. 3824 Matter of NICK & KATIE NICKOLAUS Decision Rendered March 16, 1989 interests of justice will be served by granting the relief, as requested and conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested for location of a 10' by 18' pool-storage shed, at a height not to exceed 10 feet, along the existing fence enclosure, as applied under Appeal No. 3824 in the Matter of NICK AND KATIE NICKOLAUS, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Accessory shed shall be used for storage purposes incidental and accessory to the residential use of the premises; 2. Accessory shed shall not be used as sleeping quarters; 3. No kitchen or food preparation shall be permitted; 4. Shower doors must be constructed along the outside wall of building (must open to the outside, rather than a single entry from the inside of building). vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Members Doyen and Sawicki were absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN DEPARTMENT OF PLANNING ::~OU I~I"~Y' OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EX£CUTIVE 360-5206 February 20, 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. Applicant(s) JNicholas Nickolaus Warren Augenthaler Ernest Tarmin Anthony Bolletino Mun~cipal File Number(s) 3868 3881 3888 3892 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ' SOUTHOLD, l.l., N.Y; 11cj71 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 XII! 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, ArticleXXII~ Section lO0-239-d.A Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3868 Applicant: Location County Within Nicholas Nickolaus of Affected Land: 175§5 Soundview Ave., Tax Map Item No.: 1000-51-1-2 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound"or Estuary) State or County Road, Boundary of Existing or Boundary of Existing or Other Recreation Area Parkway, Highway, Proposed County, Proposed County, Southold, NY 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 addition to existing one family dwelling and accessory building, proposed co~ is less than lO0 ft. from bluff of sound Copies of Town file and related documents enclosed for your- review. Dated: Feb..15, 1990 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZI0, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Febraury 14, 1990 Ward Associates, P.C. 1500 Lakeland Avenue Bohemia, NY 11716 Re: Appl. No. 3868 - Nicholas Nickolaus (Variance). Dear Mr. Feeley: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy Rf Decision to: u~uilding Inspectors' Office /County Planning S 0 U N D GOLDSMITH'S INLET PARK ~ot~,%t ~4 (COUNTY) PECON 11958 EAST CUTCHOGUE HOG Hocton P~. NECK Cf- ~6~o6~cE Landln~ SOUTHOLD BAY ASSOCIATES, January 15, 1990 Gerard P. Goehringer, Chairman Board of Appeals Town of Southold P.O. Box 1179 Southold, New York 11971 Re' Mr. & Mrs. N. Nickolaus Application No. 3868 Soundview Avenue, Southold, N.Y. Dear Mr. Goehringer: On behalf of Mr. and Mrs. Nickolaus, please be advised that the proposed cabana for the swi~ing pool is not intended as a habitable space. Half will be utilized for pool filtration and the other half is a toilet, shower and changing area. The overall size is 12'x 12', 144 square feet. Please note enclosed sketch layout. Mr. and Mrs. Nickolaus will be willing to accept a condition to the variance which will provide for no habitation of this structure. Thank you for your attention. Vice President LMF:ek eric. cc: Mr. & Mrs. Nickolaus Ul tLandscape Architects, Architect , Enginoors / Lakeland Avenue, Bohemia, N.Y. i~l 7~6 5q6 · 563 · 4800 · FAX 5q6 · 563 · 4807 December 20, 1989 ASSOCIATES, Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road - State Route 25 Southold, New York 11971 Re: Relief from Article XXIII, Section 100-239d. A. Nicholas and Katie Ni~colaus, Soundview Avenue, Southold W. A. Project No. 8902 Dear Mr. Goehringer: The existing residence is comprised of the following square foot areas. Existing Residence First Floor Second Floor Total First Floor Additions - Proposed Breakfast Room Porch Master Bedroom Total TOTAL EXISTING AND PROPOSED Separate Pool Cabana 1,342 s.f. 928 s.f. 2,270 s.f. 162 s.f. 35 s.f. 398 s.f. 595 s.f. 2,865 s.f. 144 s.f. The residence additions account for 21% of the completed residence. for your consideration. Vice President LMF:ek Thank you tLandscape Architects, Architects, Engineers / Lakeland Avenue, Bohemia, N.Y. 117~6 · 516 · 563 · 4800 · FAX 516 · 563 · 4807 TO WARD ASSOCIATES 1500 Lakeland Avenue Bohemia, NY 11716-2146 (5] 6) 563-4800 Southold Town Board of Appeals Main Road - State Route 25 Southold, NY 11971 8-21-89 { 8902 Gerard P. Goehrinqer, Chairman Addition to residence on Soundview Ave., Southold Nicholas & Katie Nickolaus WE ARE SENDING YOU E~ Attached [] Under separate cover via the following items: [] Shop drawings [] Prints [] Plans [] Samples [] Specifications [] Copy of letter [] Change order [] COPIES DATE NO. DESCRI~ION 1 8-15-89 Memo from N.Y.S. DEC File No. 10-89-1233 SCTM #1000 - 051-1-2 THESE ARE TRANSMITTED as checked below: [] For approval [~ For your use [] As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections [] 19 [] Resubmit [] Submit [] Return copies for approval copies for distribution corrected prints __ [] PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: Richard G. Ward, RLA New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11794 Thomas Jorling Commissioner Based on the information you have submitted, the New York State Department o~vironmental Conservation has determined that the parcel project is: Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than 100' in length which was constructed prior to 9/20/77. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be ,further advised that t, his letter does not relieve you of the responsibility of obtainina any necessary permits or approvals from other agencies. RECEIVED AUU 1 8 1989 W/iRD A&SO I/IT£,S, P.C, Very truly yours- Deputy Regional~rmit Administrator WA II ASSOCIATES, July 18, 1989 Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road - State Route 25 Southold, New York 11971 Re: Relief from Article XXIII, Section lO0-239d. A. Nicholas and Katie Nickolaus, Soundview Ave., Southold W.A. Project 8902 Dear Mr. Goehringer: The following enclosures are in support of a request for variance for construction of single story house additions and a separate pool cabana less than the current code requirement of lO0-foot set back from the top of bluff along the Long Island Sound. Enclosed please find the following itemized submission. 1. Notice of Building Inspector Disapproval, dated 6-16-89. 2. Application Form (3 copies). 3. Notice to Adjoining Property Owners~-TL~_~~-Z~-m ~ 4. Environmental Assessment form (short form) 5. Z.B.A. Questionnaire 6. Site Survey, dated July 13, 1989 (4 copies) 7. Site Plan with Improvements, dated July 17, 1989 (4 copies) 8. Filing Fee: $150 check 9. Photographs of existing conditions 10. Location Map 11. Sketch Building Addition Plans (4 copies) We thank you for your attention, and we look forward to setting a date to be heard before the Board. Very truly yours, Vice President R,Ao LMF:ek cc: Nicholas & Katie Nickolaus UlJtLandscape Architects, Architect.s, Enginc, crs / 1500 Lakeland Avenue, Bohemia, N.Y. i~ 7~6 5~6 · 563 · 4800 · FAX 516 · 563 · 4807 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. $OSEPH H. SAWICKI JAMES DINIZIO, .IR. December S.E.Q.R.A. TYPE II ACTION DECLARATION 19, 1989 Appeal No. 3868 Project/Applicants: Nicholas Nick01aus county Tax Map No. 1000- 5]-]-2 Location of Project: ]7555 S0undview Ave., S0uth0]d, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to existing one family dwelling and accessory building within 100 ft. from bluff of sound 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 944-4 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 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CUSUMANO: That's correct. MR. GOEHRINGER: On the first floor? MR. CUSUMANO: On the first floor. MR. GOEHRINGER: And it will remain unroofed? MR. CUSUMANO: Yes. No roof. MR. GOEHRINGER: Ail right. 5 I thank you for coming down and adding to the Hearing. And I do want to apologize for the time taken on this particular Hearing. MR. CUSUMANO: I understand. MR. GOEHRINGER: For some strange reason, and maybe the reason is my fault for leaving you off at the last Hearing, for that particular reason we very rarely grant these things at the Hearing, we usually work one Hearing behind, but I'll offer a motion to grant this as applied for. MR. SAWICKI: I'll second it. MR. GOEHRINGER: Ail in favor? THE BOARD: Aye. MR. holida-y. GOEHRINGER: next Hearing is Nickolaus and it's Thank you. Have a happy on behalf of Nicholas appeal number is 3868. The RAM Court Reporting Service 216 Court St.,Rivrr~lrmd, N.Y., {516} 727-3168 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Notice reads as follows~ 6 "Upon application the 3868, variance to Zoning Ordinance, Section 100-239d A, as disapproved applicant, again Article XXIII, for permission to construct addition to existing one-family dwelling and accessory building, proposed construction is less than 100 feet Sound in this R-80 Zone District. location, 17555 Soundview Avenue, from bluff of Property Southold. County Tax Map Number 1000-51-01-02." A copy of the survey from Roderick VanTuyl P.C., February 10, 1981, indicating the two story frame house that's on the property, I believe it's a brick house, and the nature of the application is before us tonight. And I have a copy of the Suffolk County Tax Map indicating the surrounding properties in the area. Is there somebody that would like to be heard~ MR. FEELEY: Yes. MR. GOEHRINGER: Could I just ask you to state your name for the record. · MR. FEELEY: My name is Lawrence Feeley, I'm the architect for Mr. Nickolaus, I'm speaking on his behalf. What we've brought with us is an RAM Court Reporting Service 216 Court St.,Rlverhead, N.Y., (516) ~2~-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 aerial of the property showing the existing residences to the sides of the residence as it exists. We've also brought, which I believe you have in your possession, this drawing here which show. the existing residence in the solid line and the proposed additions. It's colored in for you to be able to see. What those additions entail is a master bedroom addition on this end of the house which would afford them the ability to keep all the living space at one level. Being that they're going to use this for a future retirement home, they decided that they would like to have that at that level. This addition over here in the front would be a breakfast area, two modest additions, which would be a window extension to restore some of the architectual character of the house as it once existed and then a small kitchen addition in the back. On this we've also shown all the set backs to the current structures and the proposed structures and one that we would like to point out is the set back which exists by the existing pool structure retaining wall which is 20 feet. We haven't infringed any closer to the top bluff with any of the new construction, RAM Court Reporting Service 216 Court St.,Rlverhead, N.Y., ($16} 717-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 any further towards the bluff in any of the existing construction that exists. MR. GOEHRINGER: cabana? MR. FEELEY: What is the use of the The cabana is for the pool. I have a plan of it here. It would mainly be for the pool filtration. A small room for pool mechanical and a small space for changing with toilet facilities and a shower. MR. GOEHRINGER: Okay. MR. FEELEY: I could describe the additions to you if you would a little more. MR. GOEHRINGER: You can just show them to US. MR. FEELEY: The floor plan here shows the master bedroom addition off to the east end, some interior renovations in the master suite which would become the toilet room, the new breakfast room addition and these two little bay extensions on the front and also the kitchen, a solar extension in the back. That's about it. This ~s just elevation showing the character that we'd like to establish in the house to bring it back. Some additions that were done previous RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., ($16! 7:Z7-3168 1 2 3 4 5 6 7 8 9 I0 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 to this we felt destroyed some of the architectural character of the house and we want it back without redoing in the front to restore here. MR. GOEHRINGER: Okay. We thank you very much. 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? What about the Board Members? What is your time limit on this; are you going to try and build this this winter? MR. FEELEY: I would think that we will be waiting until the springtime. One thing I did fail to mention is that some of the grade in the back we were going to leave as existing and we're not going to build it up. MR. GOEHRINGER: Okay. MR. FEELEY: And also that the addition is cumulative of the whole structure. It's 20 percent of the floor area. MR. GOEHRINGER: Okay. We may address it tonight, I'm not positive, but we'll see how it goes. If not, it would be in about two weeks that we'll address the decision. We thank you RAM Court Reporting Service 216 Court St.,Rlverhemd, N.Y., {516J 727.3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 gentlemen very much for coming here. Hearing no further comments, I make a motion to close the Hearing reserving a decision until later. MR. SAWICKI: Second. MR. GOEHRINGER: All in favor? THE BOARD: Aye. MR. GOEHRINGER: Thank you again. The next appeal is appeal number 3881 on behalf of Warren Augenthaler. The legal Notice reads as follows: "On application the applicant 3881 variance to Zoning Ordinance, Article III, Section 100-33, for permission to front yard area. Nassau Point Road, 1000-111-15-12." construct accessory building Property location is 7225 Cutchogue, County Tax Map No. A copy of a sketch of a survey from R. V. VanTuyl this time, same organization, most recent date February 28, 1981, indicating the nature of this one and a half story frame house which is placed on this property. But more importantly the nature of this application is a shed of eight by twelve placed in the front yard area. in And I have a copy of the Suffolk County Tax RAM Court Reporting Service 216 Court St. Rlverhemd, N.Y., (516) ~7-3168 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. 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 tQ 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 .IUDITH T. TERRY To: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) '/65-1801 From: Judith T. Terry, Southold Town Clerk Dated: July 20, 1989 Transmitted herewith is Zoning Appeal NO. Nicholas & Katie Nickolaus 3868 · application of for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to NYS Tidal Wetlands Land Use; Notice.of: Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk ASSOCIATES, July 21, 1989 Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road - State Route 25 Southold, New York 11971 Re: Relief from Article XXIII, Section 100-239d. A. Nicholas and Katie Nickolaus, Soundview Ave., Southold W. A. Project 8902 Dear Mr. Goehringer: Pursuant to your request, enclosed please find a copy of the front page of the Notice to Adjacent Property Owner. Very truly yours, Richard G. Ward, RLA Board Chairman RGW:ek Enc. tLandscape Architects, Architects, Engineers / 1500 Lakeland Avenue, Bohemia, N.Y. 11716 · 516 · 563 · 4800 ,, FAX 516 · 563 · 4807 617.21 C~ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSI~IENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDteted by AOpHcant or Project sponsor) 1. APPLICANT/SPONSOR 3, PROJECT LOCATION: ~~ uu.~c~oa.~, Southold Town cou.,~ Suffol k 17555 Soundview Avenue Southold, New York 11971 SEQR E. IS PROPOSED ACTION: ~ [] New ~[] Exoanslom ~] Modificanonlalterallom 6. DESCRIBE PROJECT BRIEFLy: ~ ~ Master bedroom and breakfast room, first story additions to existing residence; and separate pool cabana. ?. AMOUNT OF (.AND AFFECTED: Addition will require relief from Town of Southold Zoning Board of Appeals Residential neighborhood ' [] Park/Fores~lOpen sDace [] Olher t0. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW O,R. ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAl? ~] NO I! yes. llsl agency(s) anti permit/apprOVals Town of Southold Zoning Board of Appeals and Town of Southold Building Department l t, DOES ANY ASFEOT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? t2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICAT ON? I CERTIFY THAT THE INFORMATION PROVIDED AEOVE JS TRUE TO THE BEST OF MY KNOWLEDGE .am.: cNicholas and Katie. Nickolm/$ Coastal Assessment Form betO~;EP~oceedin, with this assessmPen, I (Continued on reverse side) The N.Y.S. Environmental Qualit · of thl, form, and an environmental -~-Revlew,%c~ regulres submission ~NSTRUCTIONS~.. (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information COncerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will b~ 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) E~nvironmental Assessment 1. Will project result in a large ohysical change to the project site or physically alter more than i0 acres of land? 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 an existing body of water? 4. Will project have a potentially large, imoact on groundwater quality? - ~Yes X NO 5. Will project significantly effect drainage flow 6. Will project affect any threatened or endangered plant or animal species? ___~es X 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes 9. Will project adversely impact any site or Struct- u=e of historic, pre-historic, or paleontoloqicuL, importance or any site designated as a critical environmental area by a local agency? Yes X.___No i0. 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 ., Yes X NO 12. Will project regularly cause objectionable odors, ~Yes X NO Reptesenting~ Nicholas Nickolaus - Date~ QUEST!oN~'qAIRE TO SE CC:4PLETED AND SUB. 1IT._D 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 depic% these areas on '{our survey (or certified sketch), to scale, and sub,it otller sUpporting documenta- tion. ~ 1. Are there any proposals to chang~ or alter land Contours? % 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? Are there existing structures at or below ground level, such as patios, foundations, etc? Are there any existing or proposed fences, barriers, dec~s, etc? -- - CDncrete If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground 1-~-~17 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. 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: res Yes Yes Yes ~ Yes Yes ~ Yes ~ Yes ~ 9. Do state whether or not applications are pending concerning these premises before any oth~r department or agency (State, Town, County, Village, etc.): Planning Board Town Board "' Town Trustees -- County Health Degartment. Village of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers " and conditions of sale. (from cqnt~act) 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? 13. Please list present use or operations g~nd~c, tqd upon the subject property at this time ~/%~-~ and proposed ~~ Please submi~ photograpns [or uno recora~ Yes N1 Yes No Yes No Yes No Yes No Yes Yes Yes Yes I certify that the above statements are true and are being submitted for reliance by the Soard of Appeals~in considering my application. IProper~y ~wner; iAu~nor~~en~~ Slgna~uro 1/88 WETLANI2S [Amended H-~G.?~; hy L.L. No. '~- ~ - · A. TIDAL W~TI.ANDS: (I) AU [and~ ~enernU). c~v~n',,d or b~termhtent[F ered w~th, or w ~ cb bord,,r o~, tidal water,.,, or bmd~; ' ]yin~ beneath tidal wntur~, which ~ mean Iow tide . are covered by tidal wn~ers toa maximum depth five (~) feet. ineludin~ but not iimited ~ bogs, salt marsh. SWamps. meadows, flat:~ or other low lying tands subject to tidal ~ction: (2) All banks, bogs, meadows, flats :md tidal subject ~ such tides m~d u~)on which grows or mag grow some or any of the fifllowin~: sale hay, grass, saliWor~, sea lavender, tau cord~r:zss, high bush. cattails, groundsel, marshmaflow and march cordgrass; and/or AU land immediatel~ adjacent to a tidal wetland as defined in Subsection AIg) and lyin~ within seven. ty-five (7S) feet landward of the most landward edge of such a tidal wetland. FRESHWATER (~) ~Freshwa~r wetlands" us defined in Art/cie 24. tlc i. ~ 24-0~07, Subdivisions lia) ~ l(d) inclusive. of the Environmen~l Couservation ~w oi the of ~ew York: and (2) All land immediately adjacent ~ a "treshw;~ter wet- I~nd,"~s defined in Subsection BID and lyin~ ~vith- in seventy-five (75) feet landward of the mo~: ]and. ward edge ora "fi'esh~vater wetland." 970~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: Edward D. C. Booth 31 Pilgrim Road Waban, Massachusetts 02168 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 V~ar~an~:e) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribedas follows: Nicholas & Katie Nickolaus 17555 Soundview Avenue Southold, New york 11971 3. Thatthe property whichisthesubiectofsuch Petitionislocatedinthefollowingzoning district: Residential 4.1hath~ such Pelition, the undersigned willrequestthefollowingrelief: Set back from top of bluff less than 100 feet for additions to existing residence. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXlll Section lO0-239d.A, [ ] 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 '[own Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the mauer by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners'Names: Nicholas & Katie Nickolaus Post Office Address 17555 Soundview Avenue Southold, NY 11971 Tel. No. (516) 484-5400 [Co[ 'oposal to be attached for convenience purl BOARD OF APPEALS, TOWN OF SOUTHO[D In the Matter or the Petition of to the Board of Appeals ofthe Town of Southold TO: Mary E. Kulukuneis Soundview Avenue Southold, N.Y. 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: l. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta~) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Nicholas & Katie Nickolaus 17555 5oundview Avenue Southold~ New York 11971 3. Thatthe property whichisthesubject ofsuch Petitionislocatedin the followingzoning district: Residential 4~lhatb~ such Petition, the undersigned willrequestthefollowingrelief: Set back from top of bluff less than 100 feet for additions to existing residence. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXlll Section 100-239d.A. [ ] 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 examine the same during regular office hours. (516) 76'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing.Dated: Jul,y 14, 1989 //~./C., ' ~~~ Petitioner Owners'Names:Nicholas & Katie Nickolaus Post Office Address 17555 Soundview Avenue Snuthold. New York 11971 Tel. No. (516 ) 484-5400 [Copy posal to be attached for convenience purpo LoNG Legend pond A-C -~ R -80 HD R-SO ,/ R-80 'r / -M [ R -4( SO UTHOL D / / I \ \ \ 5O.-~)-S K[TANOF IVAN A ~: WF .................. ~'-'~-~ARK NY 110/.0 '~-'~'BB' ..... HANAUER SU; &ANO ............ 13U WOODBURY-;OAD ........... ,:_:_-._ --_-_-::.::::-:7. '-:-T_-_---_-_:_--'T ::::::::::::::::::::::: .................. :-_-7--:_---:::-::----- _-__-..7:: WOODBURY NY ~l.~a~ ;-;;;. .......................... - ~ ......................... 95 CY_PRES__S DR_lyE . D.-6-~ TOPEE REALTY CORP ................. y 11fY! I ~l~s~9 / ~ .......................................................... ................ 7/ .......... :: -:~-'-:-~':--~---- .......................................... 51 PILGRIM RD ' ~I~;1;1 I/ ........ BOOTH EDWARD D E ~ UZlb~ WABAN MA ! -~L;;~;~-';;" ..... ;T-~''~-'~ ........ =-"--~-'~'-~--~ ............................................. ~0 BUTTONWOOD DRIV; I 51.-1.,/ / NICKOLAUS KA_T__I_E BiX HILLS NY . 11/&6 i ~9- / - - - :~ ......................................................... :---_.-_::::: ............... /~ .............. :'---:-:--:_-:'~-: .......... ~ o~-~-~¥E ~T.;~;~' ' \ ~-i----- ~L~-~NDIS MARY E ~ SOUTHOLD NY 119~1 .--"'__~c:%2;-;-. ........................ ;.~_.'~:-2-;.;--; ................................... ~'Z-~l 11JTH ;T ........... 51.-1-~. MANOLAKIS ANNA FOREST HILLS NY 1157:) ~:-1-~ KAPLAN Z MICAH SOUTHOLO, N.Y ..... ~I~ ....... ---:~--**-**-**-**-**-**~--~- .................................................. 169 SOUNDVIEW AVE 51.-1-6 BARTOSIEWICZ ALFRED J & JOAN SOUTHOLD NY 11¥~1 1~.-1-! WILKINS HAROLD G & ANO SOUTHOLD 17Z05 SOUNDVIEW AVE NEW YORK .1~9~1 ....... ----~--: ............................. ; ...................... 18 DENISON DR ' 51.-1-8 MARTIN ROY IVAR SADDLE RIVER NJ '--~j-i'~ FELD[S DOROTHY ANNA N.Y. 51.-1-1U FELDIS DOROTHY ANNA 1151U BALDWIN, 1611 WALES AVE BALDWIN~ N.Y. 11~10 HENGSTENBURG RICHARD 64Z FRANKLIN AVE $I.-1-1& RE$CINIT! S[LVIO E JR BROOKLYN NY 11ZU~ ~wN oF SOUTUO~.D · I Suffolk Counly, New York 516- 7§5-1801 ~~ Southold, N. Y. 11971 ~ t ~ ~ Ju&th T. Terry, Town Clerk PROOF OF MAILING OF NOTICE NAME ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Edward D. C. Booth Mary E. Kulukuneis 31 Pilgrim Road Waban, Massachusetts 03268 Soundview Avenue Southold, New York 11971 P 077 470 670 P 077 470 666 STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: Nicholas Nickolaus , residing at ~ ~ ~ ~ ~& . ,beingdu!ysworn, deposes and says t~at on the /~ ~~ day of ~¢~ , 19 ff~ . 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- rice at ~ooT('1 o~ / ~ ~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to b~e~ore me this Notary P~bli~ No. 52~70175 (This side does not have to be completed on form transmitted to adjoining property owners.) 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 thc SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Sonthold, NY 11971, on TUESDAY, DECEMBER 19, 1989, at the following times: 7:30 p.m. Appl. No. 3870-- MATTHEW CUSUMANO. Variance to the Zoning Ordi- naoce, Article XXIII, Section 100-239d, (Article IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchogue, County Tax Map No. 1000, Section 136, Block 01, Lot 01. f~ 7:35 p.m. Appl. No. 3868-- NICHOLAS NICKOLAUS. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, propos- ed construction is less than 100 ft. from bluff Of Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block ~. 1, Lot 2. 7:40 p.m. Appl. No. 3881- WARREN AUGENTHALER. Variance to the Zoning Ordi2 nance, Article III, Section 100-33, for permission to con- struct accessory building in-.f frontyard area. Property Loca- tion: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, LOt 12. 7:45 p.m. Appl. No. 3893-- MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100~281 B, construct a one family dwell- ing). Property Location: 61339 Main Road, Southold, County · ~x Map No. 1000, Section 56, Block I, LOt 41. 7:5 aa. Appl. No. 3873-- VINKD NALETILIC. Variance to the Zoning Ordinance, Arti- cle III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Location: 780 Orchard Street and 1300-2nd Street, New Suf- folk, County Tax Map No. 1000, Section 117, Block 7, Lot 2:?,. 7:55 p.m. Appl. No. 3879-- CHARLES MALONE. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-230(2 (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence ex~ ceeds 4 ft. in height. Property. Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, LOt 19. 8:00 p.m. Appl. No. 3886-- ROBERT STAPLES. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to fresh- water wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from fresh- water wetland. Property Loca-p tion: 785 Wilmarth Avenue, Greenport, County Tax Map No. 1000, Section 41, Block 1, Lot 7. 8:05 p.m. Appl. No. 3894-- JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax Map No. 1000, Sec- tion 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3892-- ANTHONY BOLLETINO. Variance to the Zoning Ordi- nance, Article III, Section 100-33, for permission to con- struct an accessory shed and gazebo in front yard area. Pro- perty Location: 16705 Main Road, Route 25, East Marion, County 2?ax Map No. 1000, Sec- tion 23, Block 1, LOi 14.6. 8:15 p.m. Appl. No. 3888-- ERNEST TARMIN. Variance to the Zoning Ordinance, Article Ill, Section 100-33, for permis- sion to construct Accessories; pool, tennis court and shed in front yard area. Property Loca- tion: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. 8:20 p.m. Appl. No. 3887-- MARK AND ELLIE GOR- DON. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to con- struct a tennis court in frontyard area. Property Location: 1019 Private Road ~ Fords Road, Southold, County Tax Map No: 1000, Section 87, Block I, LOt 18.4. 8:25 p.m. Appl. No. 3891- ELIZABETH JOHNSTON. Variance to the Zoning Ordi- nance, Article Ill, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: ROw off Oregon Road, Cutchogue, County 'Pax Map No. 1000, Sec- tion 073, Block 02, Lot 01. 8:30 p.m. Appl. No. 3884~ DICKINSON/THOMPSON. Variance to the Zoning Ordi- nance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regula- tions. Property Location: Main Bayview Road, Southold, Coun- ty Tax Map No. 1000, Section 078, Block 09, LOt 30. 8:35 p.m. Appl. No. 3889-- TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article III A, Sec- tion 100-30 A.3, Bulk and Park- ing Regulations, (Article I, Sec- tion 106-20), for approval of in- sufficient area in this pending division of land. Property Loca- tion: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, LOt 1.3, 1.4, 1.5. 8:40 p.m. Appl. No. 3890-- WALTER GLASSER. Special' Exception to the Zoning Ordi- nance, Article IX, Section' 100-91, for permission for change of use from Place of Worship to Office/Apartment.. Property Location: 475 Beck- with Avenue, Southold, Coun~ ty Tax Map No. 1000, Section 061, Block 1, LOt 25. 8:45 p.m. AppL No. 3882-- BIDWELL WINERIES. Special Exception to the Zoning Ordi~ nance, Article II1, Section 100-30, for approval of con-.n sumer tasting and retail sales from the Winery. Property Location: Route 48, Cutehogue, County Tax Map No. 1000, Sec- tion 96, Block 4, Lot 4.3. 8:50 p.m. Appl. No. 3896-- JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning ordinance, Article IX, Section 100-91, for permis- sion to have Office/Retail business on first floor and resi- dential rental apartment on sec- ond floor. Property Location: 55415 Main Road, Sonthold, County Tax Map No. 1000, Sec- tion 62, Block 1, Lot 12. 8:55 p.m. Appl. No. 3872-- COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 8:55 p.m. Appl. No. 3770--- PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on Novem- ber 8, 1989. The Board of Appeals will at said time and place hear any and ali persons or represenlafives de- siring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conehision of the subject heating. Each hearing will not start before thne allot- ted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD : OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda 1X, 12/7/89 (10) NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursumt to Sect~n 267 of the Town Law and the Code of the Town of Se~bold, the fo~,~in8 heaters yea be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regainr Meeting. at the Sonthcld Town Hall, Main Road, Semhokl. NY 11971, on TUESDAY, DECEMBER 19, 1989. at the fdlov~g times: 7:30 p,m. Apl~. No. 3870 MAITHEW CUSUMANO. Vainm~ to the Zoning Ordinance, Article XX]~ So,ion 100-239d, (A~icle H]A, Sec~on 100-30 A.3) as disap- pmvad, for pemtission to cenga~ct a d~ck and other miditiom, ImpOsed comtmcdon will be less than 75 fi. f~m water or w~tl~nds m~d inmfEciem front and rear yard set- becks. Pto~rty Loca~on: 435 Briar- wood Lane, Cutch~gue, County Tax Map No. I000, Sectin~ 136, Block 01,Let 01. t~ 7:35 p.m. AppL No. 3868 -- NL CHOLAS NICKOLAUS. Variance to the Zo~ng Ordnance, Ardcle Section 100-~9d A, ns dis~,~ ,~ad, for pern~sin~ to constmc~ addison to e~isting one f~rdly dwelling and accesso~ boilding, proposed stmctlon is less than 100 fi. from bluff of Se~md in this R-~0 Zone District. Pro~rty Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, 51, Block. 1, L~ 2. ~ 7:40 p.m. Am. No, 3881 -- WARREN AUGENTHALER. Vari- ance to ~ Zoning Ordinance, An~e 1~, Se~on 100-33, fe~ pon-~ission to 7:45 p.m. AppL No. 3893 -- ~"~IAEL AND CLAIRE GLEW. ~ ,ce to the Zoning Ordinnnee, 2~-A Al~val of Access Right-of- Way, (A~icle XXVI~ Section 100- 281 B, ce~struct a one family dwelling), Property Location: 61339 M~in Road, Soothrdd, Coonty Tax Map No. 1000, Se~io~ 56, Bk=~k Lot 41. 7:50 p.m. Appl. No. 3873 VINKO NALI~-I1LIC. Variance to Ihe Zc~ing Ordinance, Article ~X A, Sec- tion 100-30 A.3, for permissk~ to construct a deck addition, coverage of this RA0 Zone Dimlct. md 1300-2nd S~e~ New Sdffolk, Co~mty Tax Map No. 1000, Sec~on 117, Block 7, Lot 22. 7:55 p.m. Alii. No. 3879 -- CHARLES MALONE. Valance to the Ze~ng On~nance, Arficl~ XXIH, Section 100-2.30C (1), 100-231 A., for permission to construct a 6 ft. fence in fn~d n~a, fence e~ceeds 4 ft: in heighL Properly Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Sec~on 54, Block 5, L~ 19. 8:00 p.m. AppL No. 3886 -- ROBERT STAPLES. Vatlance to the Zoning Ordinance, A~icin XX~]. Sectic~ 100-239d (C), for petmisslon to c~$truct n new dwcll~ adjacent to freshwater wetlands in this R-40 Zone Dist~c~ proposed dwealng be closer than 75 ft. from freshwater wetland. Pr~erty Location: 785 WiImarth Avenue, Greenport, County Tax Map No, I000, Sec~on 41, Block 1, Lot 7. 8:05 p.m. App1. No. 3894 -- ~OSEPH AND LAWRENCE ing Or~nmce, Ardcle XX~V, Sec~ 100-244E, for permission to front ya~ setl~ck. I~rty Location' 2225 North Sea Diive, Southold. County Tax Map No. 1000, Sec~on 54. Block 04, Let 23. 8:10 p.m. AppL No. 3892 -- gazebo in front yard area. Property Location: 16705 M-t,~ Read, Route 25, East Ma~on, ~ty Tax Map No. 1000, Secti~ .~, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 -- I~,NEST TAR~4]N. Variance to the Zoning Ordinance, Article HI, Section 100-33, for permissi~ to coostruct Accessories; pool, tennis court and shed in front yard area. Prope~.y Location: 29823 Row off Main Read, Orient, Cotmty T~x Map No. I000, Section 14, Block 2. Lot LIO. 8:20 p.m. AppI. No. 3887 -- MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Artinh= H], Section 100-33, for per- frumyard area. Property Location: 1019 Private Road #7 Fords Road, Southold, County Tax Map No. 1000, Section 87, Block 1, Lot 18.4. 8:25 p.m. Appl. No. 3891 -- F! .r~ABE'fH JOHNSTON. Variance Secti~ 100-32A (A), for penrdssion to construct a lap pool, accessory pools ~et pen~iued in frontyard a~es. Property Location: Row off Oregon Read, Cutehogue, Ce~mty Tax map No. I000, Section 073, Block 02, Lo~ 01. 8:30 p.m. Appl. No. 3884 -- DICKI~SON/THOMPSON. Variance to the Z~ing Ordinance, Ardcie I, Section 106-20, (Article H~, Section 100-32), for approval of division of land and Bulk md Parking regulations, Prope~y Location: Main Bayvinw Road, Seuthold, County Tax Map No. 1000, Section 078, Block 09, Lo~ 30. 8:35 p.m. Appl. No. 3889 -- MOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance, Article I~ A, Section 100-30 A,3, Bulk and Parking Regulations, (Article I, Section 106-20), for ap- proval of insufficient area in this' pending division of land, Property 8:40 p.m. Appl. No. 3890 -- WALTER GLASSER. Spe~l Ex- CelXion to the Zoning Ordinance, Ar- dele ~, S~ 1~91, f~ ~s- W~p ~ ~A~m. ~- S~old. Cowry T~ ~ap 8:45 p.m. A~L No. 3882 ~ of ~s~er ms~g md ~ ~es R~e 48, Cut~ue, ~ty Tax J~RY GAMBONE AND KES ~PKUS. S~ ~ m ~ Offic~e~ ~s~ess ~ tim fl~ s~ond fl~r. Pr~y ~atinn: Tax ~ap ~o. I~. ~ctinn 62, CO~PASS ~ANS~. R~o- lu~ ~ ~clude h~ ~ iu ~- 8:55 p.m. A~l. No, 3770 ~ ~RT OF EGY~. ~ m~ of ~e Bm~ to ~m s~d h~g~ ~e ~ of A~ ~ at s~d BY ORD~ OF ~E ~O~ ~ BO~ OF A~ yard ama. Property Locati0~: 7225 ANTHONY BOLLETJNO. Vafimce Location: South Harbor Road. GERARD P. GOEHRINGER Nassau Point ~Road, Cutchogue, to the Zon~ Ordinance, Ardcle I~ Southold, C~mty Tax Map No. County Tax ~ No. 1000, Set,on Se~tio~ 100-33, for pen~issi~ ~ 1000, Section 075, Block 07~ Ldt ~,~ ' ' Y llI,BlocklS,~tl2, construct an accessory shed and 1.3 1.4 1,5. ~cc~_~J_~ ~¥ of Matt|tuck, in said Count,/, boin9 duly sworn, gays that ho/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Matfituck, in the Town of Southold, Coun~ of Suffolk and Stato ot New York, and that tho #0rico ot which the annexed Ls a printed ¢op~, has been regular~ publighed in said Newspaper onea each week for 3. woek8 successively, eommenein9 on tho ?~ day ot COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................... /. ....... weeks 7 successively, commencing on the ...................... day of ..... ~_~~... ~::-: .'7.'7: ........k~'..~..., i ........ 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