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HomeMy WebLinkAbout3919275 Dawn Dr., Greenport 4/23/8I D-construct accT. (storage) bldg. on vacant land as principal use. 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. 3919 Matter of THOMAS COLLINS. Variance to the Zoning Ordinance, article XXIII, 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, Section 35, Block 5, Lot 20. WHEREAS, a public hearing was held and concluded on April 19, 1990 in the matter of the Application of THOMAS COLLINS, under Appeal No. 3919; 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 east side of Dawn Drive, Hamlet of East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 5~ Lot 20. 2. This is an application for Variances from the Zoning Code Article XXIII, 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. ~age 2 - Appl. No. 3919 Matter of THOMAS COLLINS Decision rendered May 1, 1990 3. Article XXIII, Section 100-239.4 B, Ail buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 4. The subject premises for the proposed deck will be 49+- feet from the east property line, 15+- feet from the south property line as shown on the survey dated September 6, 1989 by Young & Young architects and contains 19,743 square feet in this R-40 Zone District. 5. For the record it is noted that the subject premises has been the subject of a prior Appeal before the Board of Appeals under Appl. No. 2807, for approval of a storage building, proposed building not a permitted use on a vacant lot in this R-40 District. 6. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed deck in any other location on the premises will require other variance relief; (c) that the area chosen for the deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; {e) that in carefully considering he 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. Sawicki, it was Page 3 Appl. No. 3919 Matter of THOMAS COLLINS Decision rendered May 1, 1990 RESOLVED to GRANT a Variance in the matter of the application of THOMAS COLLINS as applied for under Appeal No. 3919, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck remain unroofed. 2. That any lighting be placed at ground level and any overhead lighting be shielded to the property. 3. That any further additions come before the Zoning Board of Appeals under Article XXIII, Section 100-239.4 B. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio, (Absent Serge Doyen, Fishers Island). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CL~.RK DATE ~)~ Iq~ HOUR ,~'. ~ 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 7:35 p.m. Appl. No. 3927 - 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. 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. l/'~ 7:55 p.m. Appl. No. 3919 - THOMAS COLLINS. Variance to the~ Zoning Ordinance, Article XXIII, 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 ~n~l~a~p~P~,L~:3510~l~ns~r~'2~stMari°nj 8:00 p.m. 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 Southold 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, for permission to construct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, 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 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. 7575 Skunk Lane, Cutchogue, County Tax Map No. 104, Block 04, Lot 27. Property Location 1000, Section 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 Date . .~.~.~. ~ 19 .~..~.. ...... ~. ~,. . . .~.,,~'~. . .~_,~. . . ........ ~...~/~'~.~..,..~ ~.,.,./, ~ ¢~ PLEASE TAKE NOTICE that your application dated . .~..~/&~ ........... 19.. A. ~o~o~ o~ m~o~ .~-o~.~ ............. ~~ .~ ........... ~~ County Tax Map No. 1000 Section .... ~...~. ..... Block ... ~ ........ Lot ... ~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. ~'//~.~ .t~.~..~_~X~-///- · ~...~...~.'.../.~.~:4-~-~.~.,..~.,... ~.e~'~-~..~..*'.u/ ~.. ~...~.~..z~.~.~..../~.....~... ~~(.....~~. B~ldi''~nspector RV 1/80 Name of Appellant Street and Number N.Y. ............ KqD.~J,r,g.~.o;~ ........................................................................................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. 1.~'.0..0. r.3.,5..r.5..r..2..0 ............. DATED ...... 2/~0/IZ..8.9. ................................. WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ( ) Thomas Collins Name of Applicant for permit of ..... .2.6....T..~.a.j..n.e...~...c..o.u.x.~.,.. ~t.i~gco~ ....................... . .N.:..,.K. :......1..1.7..4..~' ....................... Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .3gS..D~.~r~..]~[i~.a,..J~a8~.Z~J~.io~ ............................................. Street /Hamlet / Use District on Zoning Map District 1000 Section 35 Block 5 Lot 20 ~ . Thomas Collins ................................................................................. current Owner Mop No, Lot No. Pri or Owner Unknown 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 Ordi.nance.) Article XXIII Section 100-239.4 ,B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (× A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~been made with of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance respect to this decision and was made in Appeal No ................................. Dated ...................................................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that proposed construction will be less than 75' from the bulkhead. Form zB! (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulti~ or unn~es- sory HARDSHIP because ~e~ ~weT b~ue~. Applicant would be denied the same use of his property as has been afforded the majority of parcels located along the Dawn Lagoon shoreline. Additionally, applicant would encounter a practical difficulty in locating the accessory structure any where within his rear yard as the dwelling is situated 60' from the bulkhead. 2. The hardshipcreatedis UNIQUEand is notshared by all properties alike in the immediate vicinity of this property and in this use district because Dwellings outside the Dawn Lagoon vicinity encompass large enough setback from shoreline/bulkhead lines to meet the 75' standard. As stated previously, the majority of the dwellings located along the bulkhead canal contain improvements within the 75' setback distance. HA The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE RACTER OF THE DISTRICT because there are many other residences adjacent to the subject property that are improved with various located less than 75' from the subject deck, which is located conform to the character accessory structures which are bulkhead line. Therefore, the 49' from the bulkhead line would of the district. STATE OF NEW YORK ) ) ss COUNTY OF ) i9qO oF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER. S VILLAGE W DISTt SUB: LOT ~.~ ! TYPE OF BUILDING eES...~)0 SEAS. IMP. ¢/~O., TOTAL FARM DATE ,,'/,. ,47 AGE BUILDING CONDITION NEW . NORMAL BELOW ABOVE FARM Acre COMM. CB. MICS. Mkt. Value ..... ~ . . Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Mead~owland DEPTH Value Per Value Acre House Plot Total~ ~ . BULKHEAD DOCK COLOR TRIM ~. Walls i ~e~diInteri°r Fini~ ~ ~ LR. T~e R~f Rooms 1st Flor BR. R~r~ion R~m 8~ 2nd Flor FIN. TITI £ NO. 7908-08pI$9  Lot 66 SU~Y FOR THOMAS COLLINS ~ N~NCY COLLINS ' ~' : LOT NO. ~7 "CLEAVES POINT, SECT. ~ ' ~. ~,~ ~T GREENPOBT SUFFOLK COUNTY, NEW ~ ~0. 79 - 206 NEW YORK STATE [OUCATION LAW . SURVE~'S INKEO ~4L O~ EM.OSSEO ~ SHALL NOT IE CONS~OERED TO ~A VALID TRUE C~Y ~ARANTEES INDICTED HEREON ~L RUN~Y ~ HEALTH DEPARTMENT-DATA F~ APPRO~L TO C~STRUC ~ mE KR~N FOg WHOM THE SU~EY FS PREeAR[O ~L ,~ ~] & ~ ~NDER AVENUE NOTE .' m : MONUMENT SUFFQ~K COUNTY ON d~E I~ 19~6 AS FILENO 46~0 aND LAND SURVEYOR NY_S UCEHSE NO 12845 HOWARD W, YOUNG, LAND SURVEYOR ~ L~T~ ~L(W),~PTIC TANK(ST)e CES~OLS(~) ~ ~RE~ N.Y S. LICENSE NO 4589~ (D DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G, HALPIN ~;UFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNtNG June 14, 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) /Thomas Collins Robert & Theresa Turner Vincent Annabel JCM Sales & Leasing Lucas Ford Municipal File Number(s) 3919 3922 3929 3935 3936 Very truly yours, Arthur H. Kunz Director of Planning~ GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. 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, lqew York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Board of Appeals the following XX Variance Variance - - Special Special Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, ArticleXXII! Section100-239 4. B from Determination of Southold Exception, Article , Section Permit Town Building Inspector, Appeal No.:3919 Applicant: Thomas Collins Location of Affected Land: 305 Dawn Drive, County Tax Map Item No.: 1000- 35-5-20 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) East Marion, NY State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State o¥ Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area or Existing or Proposed Right-of Way of Any Stream or Drainage Channel -- Owned by the County or for Which The County Has Established Channe' Lines, Within One Mile of a Nuclear Power Plant -- Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to Copies of Town file and Dated: June 12, 1990 related documents enclosed for your review. 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 SOUTHOLD, L.I.,?N.Y: 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 S.E.9.R.A. TYPE II ACTION DECLARATION Appeal No. 3919 Project/Applicants: County Tax Map No. Location of Project: THOMAS COLLINS 1000-35-5-20 305 Dawn Drive, East Marion Relief Requested/Jurisdiction Before This Board in this Project: DEck addition to one family dwelling less than 75' from bulkhead. 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. tm 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 June 7, 1990 Ms. Tanya Lachenmer Land Use Company 2576 Sound Avenue Baiting Hollow, NY 11933 Re: Appl. No. 3919 THOMAS COLLINS (Variance) Dear Ms. Lachenmer: 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 Depart~nent 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, GEP3%RD P. GOEHRINGF~R CHAIP/~ By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' County Planning Office SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK SOUTHOLD TOWN ZONING BOARD OF APPEALS HEARING - In the matter of: Murray Jacobs, Mark and Ellie Gordon Samuel and Rachel Salzman A. Lios Eileen Vi, llani -Thomas Colli~s~ ~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 23. THE CHAIRMAN: The next appeal on the agenda is Applicant Appeal Number 3919, Legal Notice reads: Upon application of applicant Thomas Collins, variance to the Zoning Ordinance, Article XXIII, Section 100-239 4.B, for per- mission to construct a deck addison to a one- family dwelling, proposed construction will be less than 75 feet from the bulkhead. Property location: 305 Dawn Drive, East Marion, County Tax Map Number 1000, Section 35-5-20. I have a survey from Howard W. Young, the most recent date, May 31st ... I'm sorry, September 6, 1989, indicating a one-story frame house and garage somewhat centrally located. The nature of the application is three-phase deck which extends to the southeast property line pretty much east, comprising different variations of 16.3xi2 feet; 8.0x5'; 10.8x7' and attached and graduated as it goes down to the water. I have a copy of the Suffolk County Tax map indicating this and surrounding prop- erty area. Would anyone like to be heard? Sir? 22. o a .. ~" ' ~s me, no. She indicate~ there would be none. H~\ / T CHAIRMAN: Will th6re be any additional lighting plied around the/~ck? MR. KC~KIEWICZ:~o, i didn't ask her that particula~questio~/.i don't believe so. THE CHAIR~N: /~ell thank you for coming in. I have no fur~,~ questions. Are there any questions by any Board Members? (Collective response: No.) THE CHAIRMAN: Would anybody in the public like to speak either pro,,or con concerning the last application. (No Desponse) THE CHAIRMAN: the motion to close decisio~ till later. / ~R. DINIZIO: Seeih~ no hands, I'll make the hearing and reserve Second. MR. GRIGONIS: Aye MR. DOYEN: Aye MR. SAWICKI: Aye MR. DINIZIO: Aye 24. MR. BOWMAN: My name is Charles Bowman, President of Land Use Company and I'm representing Mr. Collins. The situation here again, is the deck is partially constructed. It is not yet completed. There's still some decking missing. Mr. Collins was unaware of the need for a 75' setback requirement. There is property in ~e area that has structures closer than the 75' I'm sure upon your inspection, you'll see most property developed right to the bulkheads with the lawn to the bulkhead where the existing deck would be 49' rather than 75' from the bulk- head. But certainly it is our opinion that it would conform to the neighborhood. Also, it would not have any detrimental effect on Dawn Lagoon. We're here after being advised by Mr. Lessard we should be here. So we hope you'll consider this. THE CHAIRMAN: We'd like to ask two questions, somewhat similar to the last hearing. Will, at any time, there be either gazebos or any roofing placed on any one of these three tiers? MR. BOWMAN: No sir. THE CHAIRMAN: Will there be any lighting 25. that would be other than shielded to the property? MR. BOWMAN: No, sir, not that I'm aware of. THE CHAIRMAN: Will there be any further extensions on the deck? MR. BOWMAN: No sir. THE CHAIRMAN: Thank you very much. Is there anyone else who would like to speak in favor of the application? (No response) THE CHAIRMAN: Would anybody like to speak against the application? (No response) THE CHAIRMAN: Seeing no hands, I make a motion to close the hearing and reserve decision till later. MR. DINIZIO: THE CHAIRMAN: MR. GRIGONIS: MR. DOYEN: Aye MR. SAWICKI: MR. DINIZIO: THE CHAIRMAN: Second. Ail in favor? Aye Aye Aye The next appeal is Appe~a~ Number 3930, John C. Perrone. Legal Notice reads as follows: Applicant Appeal Number 3930, Special Exception to the Zoning Ordinance, Article X, Section 100-101B, for permission to occupy and use as a billiard parlor for commercial 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,~. 0 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, date.) same DEPARTMENT OF' PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE Town of Southold Zoning Board of Appeals Re: April 16, 1990 Appeal #'s 3914, ~L9~9, 39'2 , , , ' Town of Southold 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. Kurtz Director of Planning GGN:mb S/sGerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE. ~1., NEW YORK 1178B (516) 360-5192 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 April 9, 1990 Ms. Tanya Lachenmer Land Use Company 2576 Sound Avenue Baiting Hollow, NY 11933 Re: Appl. No. 3919 - Thomas Collins (Variance) Dear Ms. Lachenmer: 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. In the interim, we ask that the ouside corners of the proposed construction be flagged, if not already done so. 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. GERARD P. GOEHRINGER CHAIRMAN GPG/df 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. JOSEPH H. SAWlCKI JAMES DINIZI0, JR. Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx Variance from the Zoning Code, ArticleXXII[ SectionlO0-239.4 B Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3919 Applicant: Location of Affected County Within XX Thomas Collins Land: 305 Dawn Drive, Tax Map Item No.: 1000- 35-5-20 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, East Marion, NY Thruway Boundary of Existing or Other Recreation Area State or Federally O~ed Land Proposed County, State or Federal Park or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct deck within 75' of bulkhead - _ Copies of Town file and related documents enclosed for your review. or Drainage Channel Established Channel Dated: April.lO, 1990 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southoid, 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 ili, 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. 7:35 p.m. Appl. No. 3927-- MARK AND ELLIE GOR- DON. Variance to the Zoning Ordinance, Article Ill, Section 100-33, as disapproved, for per- mission to construct an acces- sory building to tennis court loca~t in front yard, accessories permitted in the rear yard area only. Property Location: Private Road gT, Fords Road, Southold, 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 Ill A, Section 100-30 A.3, as disal~ 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 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 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 VILLANI. VarianCe 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, Peconie, County Tax Map No. 1000, Section 086, Block 06, Lot _lP.m. Appil No. 3919~~ 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 dwelling, proposed construction will be less than 75 ft. from the bulkhead. Property Location: 305 Dawn Drive, East Marion, tCouuty 'lltx Map No. 1000, Sec- ion 35, Block 5, LOt 20. 8:00 p.m. Appl. No. 3930-- JOHN C. PERRONE. Sp~ial Exception to the Zoning Ordi- nance, Article X, Section 100-10lB, for permission to oc- copy and use as a billiard par- lor for commercial recrention. Property Location: Main Road, State Road 25, Mattituck,. County ~ 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 Section 100-30 A.3, Article XXIV, Section 100-244, Bulk and Parking Area, Article XXIIi, Section 100-2~9.4, build- ing setbacks from water or wet- lands, for permission to con- struct a one family dwelling. Property Location: 55 Glen Court, Cutchogue, 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 I11, Sec- tion 100-30 A.4, Balk and Park- ing area, for permission to con- . struct an attached swimming 'pool to house. Property Loca- tion: 1525 Albo Drive, Laurel, County Tax 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 111 A, Section 100-30 A.3, Bulk and Parking Regulations in this Division of Land. Property Location: 7575 Skunk Lane, Cutchngue, County Tax Map No. 1000, Section 104, Block 04, Lot 27. 8:20 p.m. Appl. No. 3908-- ROBERT OCHENREITER AND EDWARD LENCESKI. VarianCe for reversni ora 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 heating will not start before time allot- ted. Additional time for your p~sentation 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 IX., 4/12/90 (80) NO~I~E OF HEARINGS NOTICE IS ItEREBy GIVEN, pur- suant to Section 267 of the Town Law and thc Code of the Town of Southold, the following bearings will be held by the SOUTIIOLD TOWN BOARD OF APPEALS at a Regular Mecring, at the Southold Town hall, Main Road, Southold, NY 11971, ~ TIIURSDAY, APP, IL 19, 1990, at the following timcs: 7:30 p.m. Appl. No., 3926 -- MURI~Y JACOBS. Variance to the Zoning Ordinance, Article ITI, Sec- tion 100-33, as disapprovcd for pcrmissinn to construct an accc$- soN shed in side yard, accessory buildings may lac located in thc rc- quircd rear yard. Propcrty Location: 1180 Sagc Boulcvard, Grccnport, County Tax Map No. 1000, Section 53, Block 5, Lot 9. 7:35 p.m. Appl. No. 3927 -- MARK AND ELLIE GOI~DON. Vari- ance to the Zoning Ordinance, Arti- cle III, Scction 100-33, as disap- an[ accessory building to tennis 1000, Section 087, Block 01, Lot SAMUEL AND RACHEL SALZ- MAN. Variance to the Zoning Ordi- nancc, Article III A, Section 100- 30 A.3, as disapproved, for Location: 65 Old Salt Road and 400 Rochelin Place, Mattituck, County Tax Map No. 1000, Sccrion Block 5, LOt 22. 7:45 p.m. Appl. No. 3920 -- A. LIes. Variance to thc Zoning Ordl- nance, Arfielc XXIV, Section 100- 244, as disapproved, for pcrmi$. yard sctbacks. Property Location: 310 Linda Road, Mattituck, County Tax map No. I000, Sccrion 106, EILEEN VILLANL Variance to thc Section 100-239 B, for pem~ission Location: Private Road 925 Wood No. 10GO, Section 086, Block 06, Lot 10. No. TIIOMAS COLLINS. Variance to XXIII, Section 100-239 4.B, for addition to a one family dwelling, billiard parlor for commercial rccrc- Road, State Road 25, Mattituck, tion 100-30 A.3, Article XXIV, Sccilon 100-244, Bulk and Parking Arcs, Article XXIII, Section 100- 939.4, building setbacks from wa- Propc~ty Location: 55 Glen Court, CutchOgue, County Tax Map No. 1000, Section 083, Block 01, Lot 01. 8:10 p.m. Appl. No. 3922 -- ROBF. RT AND TIIERESA TURNER. Variance to thc Zoning Ordinance, Article III, Section 100-30 A.4, Bulk and Parking arcs, for pennis- swimming pool to house. Property Location: 1525 AIbo Drive, Laurel, County Tax Map No. 1000, Scctinn 126, Block 03, Lot 17. 8:15 p.m. Appl. No. 3925 -- ELSIE PARKIN. Variance to the Zoning Ordinancc, A~ticle III A, Section 100-30 A.3, Bulk and Park- lng Regulations in this Division of Land. Property Location 7575 Skunk Lane, Cutchogue, County Tax Map No. I000, Section I04, Block 04, Lot 27. 8:20 p.m. Appl. No. 3908 -- ROBERT OCHSENREITER AND EDWARD LENCF~KL Variance loc reversal of a building pcmrit to construct a one family dwelling. Property Location 565 Bayer Road, Matt/tuck, County Tax Map No. 1000, Scction 139, Block 3, Lot 14. The Board of Appeals will at said time and place hear any and all per- sons or rcprcsentativcs desiring to be heard in each of thc above mat- tcr$. Written comme~:ts may also be submitted prior to thc conclusion of the subject hearing. Each hcafing will not start before time allotted. Additional tlmc for your presentation will be availabin, if needed. For more information, please cab 765-1809. Datcd April 9, 1990 BY ORDI~. OF TIlE SOUTItOLD 'IDWN BOARD OF APPEALS GERARD p. GOEI IRINGER CItAIRMAN By Dorccn Fctwcrda 6644-1TA12 APPEALS BOARD MEMBERS GERARD ?. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. 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 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 HEARINGS FOR APRIL 19, 1990 - Legal Notices sent on or about to the following: Long Island Watchman Suffolk Times Clerk Bulletin Board Z.B.A. Bulletin Board Environment East, Inc. 3075 Indian Neck Lane Peconic, NY 11958 (for Gordon #3927) Richard Lark, Esq. PO Box 1033, 7575 Cox Lane Cutchogue, NY 11935 (for Halla #3914) Mr. Murray Jacobs 1180 Sage Blvd. Greenport, NY (for #3926) 11944 Karen Hagen, Esq. Wickham, Wickham & Bressler Main Road, PO Box 1424 Mattituck, NY 11952 (for Parkin #3925) Robert F. Kozakiewicz, Esq. 616 Roanoke Avenue, PO Riverhead, NY 11901 (for Villani #3921) Box 779 Robert Bohn PO Box 55 Peconic, NY 11958 (for Lios #3920) Ms. Tanya Lachenmer Land Use Co. 2576 Sound'Avenue Baiting Hollow, NY 11933 (for Collins #3919) Robert Turner 1525 Albo Drive Laurel, NY 11948 (#3922) Charles Cuddy, Esq. Box 1547 Riverhead, NY 11901 Mr. Samuel Salzman 42 Maxwell Road Garden City, NY 11530 R/DITH 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 $outhold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-180I TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3919, THOMAS COLLINS DATE: FEBRUARY 15, 1990 Transmitted is application for variance submitted by Land Use Company on behalf of THOMAS COLLINS together with notification to adjacent property owners; short environmental assessment form; Zoning Board of Appeals Questionnaire Form; Notice of Disapproval from the Building Inspector; copies of Survey; and Deed. · Judith T. Terry Southold Town Clerk BLT..-1 ~ SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORNI For UNLISTED ACTIONS Oely PART I--PROJECT INFORMATION (To be completed by ADDlicant or Project sDonsor) 1. APPL~NT I~PON~OR Tanya Lach~cT NAME ~ Ccllins . ~Residence ~ -- uum=~,mv East Marion ~ cou,,v Suffol~ · 305 Da~ Drive, East Marion · SC~ No. 1000-35-5-20 $. IS PROPOBEO ACTION: ~ [] Exoanslorl I~] Modificatlonlalferaeo. 6. DESCRIBE PROJECT BRIEFLY: ~ Applicant requests permission to construct a timber deck 52' from the bulkhead line 1. AMOUNT OF LAND AFFECTED; Initially ~ 8. WILL PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER EXISnNG LANG USE RESTRICTIONS7 I--lyes 'ff~No R NO, describe briefly Applicant is reqpesting a variance to Article X~III, Section 100-239.4B 9. WHAT IS PRESENT LAt4D USE IN VICINITY OF PROJECT? fO. OOES ACTION INVOLVE A PERMIT APPROVAl.. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL DYe. I! yes, list agency(s} and permillapprovals ti. OOES ANY ASPECT CF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE I'~ TRUE TO THE BEST OF MY KNOWLEDGE '~ A~Dflcan~lsgon$ot name: Tanya Lachenmeyer/Land Use for Thc~nas Collins ac,ion is ,h. Co ou .... Y ~ ~ SI~l~ agency, complete h~ ~Coastal ASsessment For~before proceeding wilh this a~sessmen{ t OVER ~ 1 (Continued on reverse side) The N.y.S' Environmental Quality Review Act requires before any action is taken. ~ __ ENTAL~A$$ES~S~yENT INSTRUC--~ONS. (a) In order to answer the questions in this short fAF it is assumed that the preparer will use currently available information COncernina the project and the likely impact= of the action. It is not expected that {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) Environmental ASsessme~n~ 1. Will project result in a larce physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any Unique or 3. Will project alter or have a large effect on 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 major adverse effect on air quality? 8. Will project have a major effect on visual char.~Yes ~___?Yo known to be important to the community? ~Yes _~._No 10. Will project have a m~jor effect on existinq or _ Yes ~ NO ll. Will project result in major traffic problems or Will project regularly cause objectionable odors, 13. Will project have any impact on public health 14. [;ill project affect the existing community by ~_Yes charact~r of the commueAty or neighborhood? 15. Is there public controvers~ COncerning the ate: 1/2/90 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~ITH 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? YesO 2.a) b) 3. Are there any areas which conn~in wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~ Are there any areas open to a waterway without bulkhead? Yes Are there existing structures at or below ground level, such as patios, foundations, etc? ~ No 4. Are there any existing or proposed fences, c~ncrete barriers, decks, etc? ~ No If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground--~l? State total: ft. Yes ~ e 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: Yes Yes N(~op Yes(~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Pending Yes ~ Yes ~ Yes ~ No Yes ~ Yes ~ Yes ~ 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes ~ 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes ~ 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? Signature ¥88 Yes 13. Please list present use or operations conducted upon the subject property at this time Single family dwelling and proposed timber decking 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. (Property Owner) (Auth~ize'd Agent)~_~ <~ BETWE[~ PATI~ICI~ J. CARRIe. and .~1~1£ L. ¢~IG, hie vile, both reBtdinq at (no e} Richmond Woad, Sovt~ol~, Ney York 119~', 035.00 ~ection ¢5.00 Glock 0_~e. 030 ALL~ "~?' -P~-~--~¢V--~n To~n of Southold, County of Suffolk 19~' ~.. ~;~:G ~?:9 i'W£~ ~0 RE the la~ pre~lees co~vtn~e~ to tlme Oren%orl here~n by deed ~ated July 29, 1977 and recorde~ in ~ Offi~ of t~ LEOI,JTrY Land Jse To all regulatory agencies: I hereby authorize Land Use Company to apply approvals necessary to complete my project. for all Thomas Collins - Owner 2576 Sound Avenue · Baiting Hollow, NewYork · '1'1933 (5'16) 727-2400 * FAX (5'16) 727-2605 Land Use February 16, 1990 Southold Town Board of Appeals Main Road - State Road 25 Southold, N.Y. 11971 Attn: Gerard P. Goehringer: Re: Variance Application - Thomas Collins Dear Mr. Goehringer: Attached please find amended application forms, completed Neighbor Notice forms and copy of Deed from Patrick Carrig to Thomas Collins (L.8653 P.407). Kindly contact me if you require any additional data. I remain, Very truly yours, Charles W. Bowman CWB/dm Enc. 2576 Sound Avenue · Baiting Hollow, NewYork · 11933 (516) 727-2400 · FAX (516) 727-2605 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 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 January 31, 1990 Land Use 2576 Sound Avenue ,_ Baiting Hollow, NY 11933 Attention: Tanya'Lachenmeyer Re: Variance Application Thomas Collins Gentlemen: We return herwith the above referenced application and your check for $150. Before we can file for this variance we require the follow- ing additional information: 1. Questions i and 2 on back of application form should be completed. Neighbor Notice form should be notarized. Also, we enclose an additional Neighbor Notice form to be sent to Cleaves Pt. Property Owners Assn., P.O. Box 507, Greenport, NY 11944. This also should be notarized. They are listed as owners of Property #29. 3. Deed or Certificate of Occupancy to come. Upon receipt of this material we will cation. Thank you for your cooperation. tm Encl. file your appli- Very trul~y/~/~. ~ _. ~ GERARD P. GOEHRINGER CHAIRMAN Land Use January 26, 1990 Town of Southold Zoning Board of Appeals Town Hall, 53095 Main Road Southold, N.Y. 11971 Re: Variance Application Thomas Collins - Greenport Dear Sir/Madam: Enclosed please find applications for the above referenced project. You will notice that copies of the notices sent to adjacent owners this date have been enclosed for your information. Please be advised that once the return receipts have been received by this office, they will immediately be sent to your office. Additionally be advised that a copy of the owners deed will be forwarded as soon as it has been received. Should you have any questions or require clarification, kindly contact this office at your convenience. Thank you for your cooperation in this matter. Very truly yours, Tanya Lachenmeyer Project Manager TL/dm Enc. 2576 Sound Avenue · Baiting Hollow, New York · (516) 727-2400 · FAX (516) 727-2605 11933 ~O"~NT¥ OF SUFFOLK I~~ ,.,,,7---'~1R"°r Pro.erry Tax SerYice , 035 LB HD R -80 /8o ,J 35.-~-1 6 - 35. -4-1 8 35.-~+-1 9 - 35.-4-20 35.-4-22 - 35.-4-23 35.-4-24 - 35.-4-25 35.-4-26 35. -4-2 8.2 35.-4-28.3 - 35. -4-28.7 35. -4-28.8 - 35.-5-1 35.-5 -3 35.-5-4 35.-5-5.1 - 35.-5-5°2 C C C C C C SR WILLIAMS ROBERT G & WF TK RAYMES FREDERICK & WF NN DEEGAN KENNETH A OZ PRATO SALVATORE & WF PS ARIOSTO SALVATORE J & QL SILVERI ANGELO C RE PIRRERA ANTHONY & C RX THOGERSEN GEORGE & RUT C VB PECONIC HOLDING CO INC C VX COSTELLO JOHN A " C EH STETLER-HAROLD L & WF C AD PECONIC HOLDING CO INC C NM BLACKMAN MARY W C OY APODIACOS ERAKLIS & OR ~ PR SCHROEDER ROBERT & WF 3,600 9,bOU ),oou 2.400 2,400 2,400 2'200 2,200 ' 2,200 2,800 8,q'O0 2,800 2,800 :---9'800 2,800 2,500 12,200 2,500 2'400 2'400 2'400 1,850 5,350 1,850 100 !~00 100 100 ~00 100 2,900 -- 7,800' 2~900 850 850 850 ' 1,800 1,800 1,800 1,800 8,100 1,800 1;700 ' 5,400 1,700 C RG PAPALOUIZOS HARRY & DI 1,200 1,200 1,200 C ~ cRON RiCHARO J 1,000 1,DO0 i,000 35.-S-5.3 - 35J~5,5.4 ....... ~ %0-GiANNARiS JOHN & ANNA 3% -5-6 C SY HEANEY ROBERT J 1,200 1,200 1,200 1,&O0 ' 15,500 -' 1,~00 35.-S-7 3%-5-8 35.-5 -9 35.-5-10 - 35.-5-11 35.-5-12 3%-5-13 C RD RUROEDE BART & WF 1,100 6,700 1,100 6'200 - 1'100 5,100 1,100 5;700' 1;100 900 900 8,400 1,100 1,000 1,100 C OX STABILE HC 1,000 1.000 1,100 ' .... C P~ STABILE HOWARD & WF C ~W SHERRIN SIDNEY & WF 1,100 C SP SAMMARTINO ARTHUR F & 1,100 ......... C T[-PANTAZI-GEORGE " 1,100 C NL FITCH FRANCIS P & WF 900 ....... C ~E SARACENO' ANTHONY J 1,100 35.-5-1& C qJ BABOUKIS GEORGE & WF 1,100 8~300 1,100 - 35J_5~15 ......... ~-R~'-~EE~N-joDiTH-A 1,000 ' ' ~.000 ' 1,000 35.-5-16 CRV BRENEISEN ALBERT J & W 3,100 11,100 3,100 - 35~-5'17 ...... C ~0 GERA~-~OSEPH & DOROTH 2~&O0 10,.700 2,400 35.-5-18 C TH SUCHER ANNE 2,000 10,300 2,000 35.-5-19 ' ~'"~0~ WALL~N'TO~T~ i,700 - 1,700 ' 1,700 ~.-~5-20 u~ COLLINS THOMAS ~ WF'~ 2,300 11,900 2,300 35~3,21 ........ ~OW FiYNN THOMA~"~ wF ' ' 2,000 8,600 2,000 35.-5-22 C PP SUEIRO MICHAEL M & WF 1,300 1~300 1,300 35,-5-23 .......... C ~I CADEDOU'SILVRNA 1,&O0 ' 7~300 - 1,400 35.-5-2& C RB MACKIEWICZ STANLEY & W 1,200 7,100 1,200 35.-5-25 ' - C RU JEZO MAURICE ' 1,200 1;200 1,200 35.-5-26 C SN GUARIELLO FRANK & WF le200 7,100 1,200 35L'5'27 ..... C TG BREHM DONALD [ & JOAN 1,200 .... 7,300 1,200 35.-5-28 C TZ STOCKER RALPH & LUCILL 800 800 1,100 - 35,~5_29 '~OS 'CCEAVES PT PROP OWNERS 100 '" 100 100 35.-5-30 C OV WALLIN LESLIE E 1,300 1,~00 1,300 35,'5-31 .... C ~0 DUGGAN JOSEPH & MEDELO 1,500 - 1~.;600 1~500 PAGE ..... TOTACS-~ ......... 51 PARCELS (ACTIVE) 7.700 210 2,200 311 8,000 210 9,800 210 12,200 210 2,400 311 1 5,350 210 1 100 692 1 100 692 1 7.800 210 1 ,~S{] 972 1 I ,.~00 311 1 8,100 210 1 5,400 432 1 1,200 311 1 1,000 311 1 1,200 3tl 1 15,500 210 1 6,700 210 1 6,200 210 1 5,100 210 1 5,700 ~10 I 900 311 1 8,000 210 1 1,000 311 1 8,700 210 1 %300 210 1 ' 1'000 311 1 11,100 210 1 9,000 210 1 10,300 210 1 ~700 311 1 11,~00 210 1 $,600 210 1 1,300 311 1 7,300 210 1 7,1~0 210 1 1,200 311 1 7,100 210 1 7,300 210 1 10,600 210 1 10~ 315 1 1,300 311 1 17,600 210 I I 17 I 17 1 17 I 17 I 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 17 313,100 1988 TOTAL 326,100 1989 TOTAL TOWN OF SOUTHOLD, NEW yO~K ACTION OF THE ZO~qG BOAKD OF APPEALS Appeal No. 2807 by application Dated March 23, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO~N OF SOUTHOLD To Mr. Thomas Collins 26 Trainer Court Huntington, NY 11743 AppeUant at a meeting of the Zoning Board of Appeals on April 23, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, ( ) 1981 the appeal Sec. 100-30A(1) 1. ~D~X~.~F~I~K:X~9~N~g.M~Kg~r~:~d it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because Public Hearing: 4/23/81: Application of Thomas Collins, 26 Trainer Court, Huntington, NY 11743 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30A(1) for permission to construct accessory (storage) building on vacant land as principal use at 275 Dawn Drive, Greenport, NY; bounded north by Martens, west by Dawn Drive, south by Wallin, east by Dawn Lagoon; County Tax Map Item No. 1000-35-5-20. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the I~uilding Inspector ( ) be confirmed ( ) be reversed. CG:lk 6/4/81 FORM ZB4 ZONING BOARD OF APPEALS By this appeal, appellant seeks permission to construct a six-foot hexagonal storage building to be located at the southeast corner of the subject premises. The lot in question is not improved with any structures. The Board finds that to grant the relief requested would result in the property in question being the only parcel in the immediate area of this residential community with an outside storage building as a principal building. It would be the only parcel in this area which would be used for the sole pur- pose of storing materials since the appellant has not indicated that the property would be used for the construction of a dwelling. Further, the Board has been apprised that the property is subject to covenants and restrictions which prohibit the con- struction of an accessory building prior to the construction of a residence on the lot. On motion by Mr. Sawicki, seconded by'Mr. Douglass, it was RESOLVED, that Thomas Collins be denied a variance to the zoning ordinance, Art. III, Sec. 100-30A(1). Location of Property: 275 Dawn Drive, Greenport, NY; County Tax Map Item No. 1000-35-5-20. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK [~/~o~n Clerk, Town of Sov/~old LB HD R-80 : R-40 ~ R-80 \ \ \ \ \ TOWN CLERK TOWN OF SOUTIIOLD , ~ - - - ~uffolk Count}:,lNew Y.~or/k 516 -; 6saaot, N~ . 34?37 _J~th T. Ter~, To~n~ler~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: ~c~nas Flynn 85 Abt~y Road Manhasset, N.Y. 11030 NOTICE TO ADJACENT PROPERTY O~rNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of $outhold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 305 Dawn Drive, East Marion, N.Y. 3. That the property which is the subjeci of such Petition is located in the following zoning district: Residence "A" 4 1 hal b~, such Pelition, the undersigned will request the following relief: From the 75' setback r~uireanent 5. Thai lhe provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- signed are ~%rticle X]fIII ~ct/on ]00-239.4 , 1~ [- ] Section 280-A, New York Town Law for approval of access over right($)-of-way. b. [hat within five days from the date hereof, a written Petition requesting the relief specified above will be tiled in theSouthold Town Clerk's Office at Main Road $outhoid, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Hoa~J 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: 1/26/90 Tanya Lache~eyer/Land Use Company for %]nomas Petitioner Collins Owners ' Name s: Thomas Collins Post Office Address c/o Land Use Company 2576 Sound Avenue Baiting Hollow, N.Y. 11933 Tel. No. ( 516 )-727-2400 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICF ATTACH CER..'IFIED MAIL RECEIPTS P 026 558 940 RECEIPT FOR CERTIFIED MAIL NO iNSURANOE COVERAGE PROVIDEO NOT FOR INTERNATIONAL MAIL (See Reverse) .R . Stat and ode ~/~ Special Delivery Fee Restricted Delivery Fee Return Receipt showing Return Rece~ show'"r~ ~ 0 Date and ~ddress ~ Celivery~ TOTAL Postage a~ees Postmark or Date STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.; Thomas Collins~=~_ Tanya Lachenmeyer/Land Use Company for , residing at ~J/u Sound Avenue, Baitinq Hollow, New York 11933 , being duly sworn, deposes and says that on the 26th day of January ,19 90 , 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- flc..~ Calverton, N.Y. ~fied)~registered) mail. Sworn~o~be~ore me this day ~0~ ~-~L~ Notary Public ; that said Notices were mailed to each of said persons by CHARLES W. BOWMAN NOTARY PUBLIC, SIcte et New Yor~ No. 4668958, Suffolk County¢' (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : to the Board of Appeals of the Town of Southold : TO: Cleaves Point Property Owners Association P.O. Box 507 Greenport, N.Y. 11944 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~ar'ianc~(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 follow,: 305 Dawn Drive, East Marion, N.Y. 3. Tha. t the property which is the subject of such Petition is located in the following zoning district: Residence "A" 4 lhat h~ su~b Petition, the undersigned will request the following, relief: Reduction in the 75' setback requirement from the bulkhead 1-ine to 49' for construction of a timber deck. 5. That the provisions of the Southold Town Zoning: Code applicable to the relief sought by the under- signed are Article XXIII Sect/on 100-2~9.4(B) [ ] 5ect~0n 280-A, New York Town Law for approval of access over r~§ht(s)-of-way. b. lbal wilhin five days from the date hereof, a written Petition requesting the relief specified above will befiledin [heSouthold Town Clerk's Officeat Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-Z809. 7. ]-hat before the relief ~ought 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. 2/9/90 Dated: Tanya Lachenmeyer/Land Use Company for Thomas Collin Petitioner Thomas Collins Owners ' Names: c/o Land Use Company Post Office Address 2576 Sound Avenue Baiting Hollow, N.Y. 11933 Tel. No. ( 516 )-727-2400 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS NAM~ P 026 558 9~0 RECEIPT FOR CERTIFIED MAIL (See Reverse) Spec,al Defivery Fee Restncted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom Date and Address ( TOTAL Postmark or [ STATE OF NEW YORK) COUNTYOFSUFFOLK) SS.: Tanya Lachenmeyer/Land Use CompanY , residing at 2576 Sound Avenue, Baiting Hollo N. Y. 11933 , being duly sworn, deposes and says that on the 12th day of February ,19 90 ,deponent mailed a [rue copy of the Notice set forth on there- 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 Calverton ; that said Notices were mailed to each of said persons by ~(registered) mail. CHARLES W. BOWMAN NOTARY ?UBLIC, Stele of Hew York No 4668958, Suffolk County Commission Expires, ~~ (This side does not have to be completed on form transmitted to adjoining property owners-) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of $outhold : TO: Tordis Wallin 59 Roderick Ave. Staten Island, N.Y. 10305 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to pe*ition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. [hat the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 305 Dawn Drive, East Marion. N.Y. That the property which is the subiec~ of such Petition is located in the following zoning district: Resi denPP "A" 4 lhat b~ such Pelition, the undersigned will request the following relief: from the 75' setback reoulremen~. 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Az~icle XXTII Section 100-239.z] , B [ ] 5ection 280-A, New York Town Law for approval of access over right(s)-of-way. b. Thai within five day~ from the date hereof, a written Petition requesting the relief specified above will be filed in theSouthold Town Clerk's Office at Main Road Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. 1/26/90 Dated: Tanya Lachenmeyer/Land Use Company for ~Thom~s uolllns Petitioner Owners ' Names: Post Office Address Thomas Collins c/o Land Use ~pany 2576 Sound Avenue Baiting Hollow, N.Y. 11933 Te 1. No. ( 5]6 )- 727-2~00 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERJIFIED MAIL RECEIPTS r P 026 558 939 RECEIPT FOR CERTIFIED MAIL NOT FOR iNTERNATIONAL MAIL (See Reverse) ~tat and ZIP Co Date and ~e~ Postmark or Date~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) Thomas Collins Tanya Lachenmeyer/Land Use Company for , residing at 2576 Sound Avenue, Baiting Hollow, New York 11933 , being duly sworn, deposes and says that on the 26th day of January ,19 90 , 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 $oulhold; that said Notices were mailed at the United States Post Of- ~ Calverton, N.Y. (~.cer .... dtifie )~(registered)mail. Sworn to J}efore me~,J~s day of Notary Public ; that said Notices were mailed to each of said persons by CHARLES W. BOWMAN NOTARY PUBLIC, Slate of New Yor~, No. 4668958, Suffolk County Commission Ix pit es~"f~0;-~ L.~ ',, \-, (This side does not have to be completed on form transmitted to adjoining property owners.)