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HomeMy WebLinkAbout3854 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southoid 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3854 Matter of NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C), for permission to construct a deck addition within 75 feet of water or wetlands, in this R-40 Zone District. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section '037, Block 04, Lot 10. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of NANCY · STEIN, under Appeal No. 3854; 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 W~EREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Pine Place, Town of East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 037, Block 04, Lot 10. 2. This is an application for Variances from the Zoning Code Article III, Section 100-119.2, (Article I, Section 97-12C), for permission to construct a deck addition within 75 feet of water or wetlands. Page 2 - Appl. No. 3854 Matter of NANCY STEIN Decision rendered October 12, 1989 3. The subject premises for the proposed deck is known and referred to as being 35 ft. from the existing bulkhead, from Spring Pond. 4. In considering this application, the board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed deck in any other location on the premises will require other variance relief; located; that the area chosen for the deck is not unreasonably (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 NANCY STEIN as applied under Appeal No. 3854 for the placement of a deck, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck be no closer than 35+- Feet to the existing bulkhead, from Spring Pond. 2. That the deck not exceed 20% of the lot Coverage. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio (absent Serge Doyen, Fishers Island and Joseph Sawicki .... RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK I-~)~ ~' HOUR DATE · _wn Clork, Town of APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHA)RMAN 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 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, SEPTEMBER 21, 1989, at the following times: 7:30 p.m. Appl. No. 3861 - SOUTHOLD FREE LIBRARY. Variance to the Zoning Ordinance, Article IX, Section 100-102, as Disapproved, (nonconforming Bulk area and parking requirements of the Hamlet Business District) Proposed construction will have insufficient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Block 1, Lot 14. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:35 p.m. Appl. No. 3859 - EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOULOUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d (A) (1), as disapproved, for permission to construct and inground pool with deck and fence, within 100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Section 15, Block 1, Lot 3. 7:40 p.m. Appl. No. 3798 - ELIZABETH McCANCE. Variance to the Zoning Ordinance, Article I, Section 106-20 (Article III Section 100-31 as Disapproved) for approval of insufficient area in this pending division of land.of property, (R-80 Zone District.) Property Location: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. Page 3 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of September 21, 1989 7:45 p.m. Appl. No. 3863 - NICHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwelling with an insufficient 40' frontyard setback in this R-40 Zone District. Property Location 2700 Sound Avenue, Greenport, County Tax Map District 1000, Section 033, Block 01, Lot 11. 7:50 p.m. Appl. No. 3827 - EDWIN KINSCHERF. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-31, as disapproved), for approval of insufficient areas in this pending subdivision (R-40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block 04, Lot 29-30-35. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7:55 p.m. Appl. No. 3864 - LOEPOLD STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved), for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 1000, Section 37, Block 5, Lot 22. 8:00 p.m. Appl. No. 3865 - CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rearyard setbacks in this R-40 Zone District. Property Location: 705 Windy Point Road~ County Tax Map District 1000, Section 87, Block 4, Lot 6. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:05 p.m. Appl. No. 3866 - HENRY ARBEENY. Variance to the Zoning Ordinance, Article VIII, Section 100-82, as disapproved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48, Kenny's Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849 - CIPITELLI BROS. REALTY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, A (1), as disapproved, for permission to construct a one family dwelling with a insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 24. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:15 p.m. Appl. No. 3852 - RICHARD DiBLASI. Variance to the Zoning Ordinance, Article III, Section 100-30A3, as disapproved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. 8:20 p.m. Appl. No. 3852 - ELLIOT PASKOFF. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, (Article XXIII, Section 100-231 (A), as disapproved) for permission to construct an attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot area is nonconforming in this R-40 Zone District. Property Location 205 North Sea Drive, $outhold, NY, County Tax Map No. 1000, Section 54, Block 4, Lot 4. Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:25 p.m. Appl. No. 3854 - NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapproved) for permission to construct a deck addition within 75 feet of water or wetlands. Zoning District R-40. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10. 8:30 p.m. Appl. No. 3857 - MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244. As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in a R-40 Zone District. Property Location: 50 Captain Kidd Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 03, Lot 028. ~age 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:35 p.m. Appl. No. 3858 - BERNARD COSIMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard setbacks in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63. 8:40 p.m. Appl. No. 3542 - CLIFFSIDE (TIDE MARK). Variance to the Zoning Ordinance, Article V, Section 100-50B Special Exception, construct District. County Tax Map No. (Article XIII, as disapproved) for permission to 76 Motel Units in this Resort/ Residential (RR) Zone Property Location: 61475 County 48, Greenport, 1000, Section 045, Block 01, Lot 01. Page 9 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:45 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C 122, (Section 100-239D, as disapproved) for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842 - CRESCENT BEACH CONDOS. Variance to the Zoning Ordinance. Article XI~VII, Section 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insufficient setbacks. Property Location: End of Maple Lane, Resort/Residential (RR) Zone District, Section 38, Block 7, Lot 21 units. East Marion, in this County Map No. 1000, ~age 10 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 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 prior to the conclusion of the subject hearing. Each hearing your presentation will be available, if needed. For more information, please call 765-1809. Dated September 1, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ... ~...~.... ]. ~ ...... ,19 .~ .~o. for permit to ~ ~....~ c~ ~.. .c~.~ at Location of Property . ..~..~-. ~ ~- ...... ~%:-...~ .... ~.~..~.~ ....... House No. Street Hamlet County Tax Map No. 1000 Section ...~ .~ ..... Block .... ~ .~ ...... ~t .~ ~ .......... SubdivisionG~.~. ~t~ Filed Map No .... ~.~.~ ...... Lot No..l .~ ......... is returned herewith and disapproved on the following grounds. ~ ~. ~..~.~. (~.~1 I .... ~..~ ..... ~.. .... .~.~. .................................. RV 1/80 TOWN OF $OUTHOLD, NEW APPEAL FROM DECISION OF BUILDING INSPECT~ MAY 2 6 FJBg TO THE ZONING BOARD OF APPEALS, TOWN ~~,. APPEAL NO. ~'¢~' ~ DAn May 198 I, (We) Nancy C. Stein ............ ~ ..................................................... of 5 Woods Witch La.~.~. .............. Nome of Appellont Street and Number Chappaqua ............................................ New York HEREBY Municipality .................................... APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED July. 31, 1986 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (~ Nancy C. Stein .... of ............... ............ 5 Woods Witch Lane Ch ............ ~].~ .................. .............................................. , ........ ~.P~.~u~, .~ X~ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct deck addition within 75' of water I. LOCATION OF THE PROPERTY ...2_5...3..5.....C..e..d..a..~....L..o..n..e.' ................... ~..?.~.~.~.J,.ql.~D.'c.i~3..[ ............. Street Use District on Zoning Map 275 · , ................................................................................. C3~re~o?kne~ !a~ C. Stein (and Kenneth /~nNt°~ Tax Map no. 1000!°'~26tion0 4 IQ L. Stein, hHsband ) 2 PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article I~ Section 100-119.2 3. TYPE OF APPEAL Appeal is made herewith for (XX) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal,4~'9,s) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~Z) A Variance to the Zoning Ordinance () is requested for the reason that existing deck, which was inadequate and of limited utility, has rotted and had to be de~lished, leaving a 6' drop out of living room door. In order to expand deck, and avoid an unsightly high wall when viewed from the water (results from the rapid drop in elevation from the house toward the bulkhead). Accordingly, a multi-level deck has been designed to avoid such a result, and to utilize that part of the property which is otherwise unusable because of the pronounced decline in elevation, and to connect the house to the dock area. Form ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATIOI~ OF TH£.)?~DINANEE would produce practical difficulties or unneces- sob HARDSHIP because ~he nearest point of the proposed deck would be 35' feet from the bulkhead. A multi-level deck permits f~l~r utilization'o~ the property and avoids the unsightliness of a high wall facing the water and the neighbors on the opposite side of the inlet, as well as the resulting interference with the sight lines of the property to the north. 2 The hardship created is UNIQUE and is not shored by all properties alike in the immediate v~cinlty of this property and in this use district because of the drop in elevation of this particular parcel, and the fact that a deck must be built to replace the now demolished prior deck, which rotted. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it would not impact the water adversely; in addition, the proposed variance is consistent with the residential character of the district and adjacent properties, both of which have decks, and has been designed to preserve the sight lines of the property to the north. ) ss COl ,F!Tv nc IIEW YORK ) ....... ' ........................ Sworn to//this L/..~.'~.~' day of....H~.Y. ............... ' ................... ~ 9 89 ' ........................ .._ KENNETH L STEIN ./~oo.-~*~-¢-/~, TOWN OF SOUTHOLD PJIOI~ERTY RECORD CARD OWNER STREET "' VILLAGE DIST, SUB. ~' LOT :~:/ -~,.;~, )~',,ttr.??~/,~ ' FO~E~ OWNER - , N" 6/ E ACR. ~ S W ~PE OF BUILDING AGE BUILDING CONDITION N~ NOeL BELOw ABOVE Fh~ Acre Valoe ,er Acre Val~ ' ~" d f) " Tillable 3 Woodland Swampland FRONTAGE ON WATER ~ ~ .2 ~. e o ~ /~ ~ O Bm~land FRONTAGE ON ROAD ~ ~ House Plot DE~H I ~F(~ ) ' ~,' f ~ ~- BULKH~D Total D~K COLOR I~ TRIM '" ~' J .~, __ . M. Bldg. /~ Y ~¢1 ~ ~ ~ Foundation ¢ ¢. Bath ~ Dineffe B=i°~'~ I~ V [~; ¢O~~ Basement ~ L~ Fl~rs ' ~y . K. '~' % I ~ ~7~ ~.Wells ¢/~e~;.~ Interior Finish ~o~R¢. LR. ~tension /¢ X/~; ~ ~ ¢l/ ~ire Pl~ce ~¢ ~ / 4eat ~ ~ DR. ~X t ~ = ~ Type R~f ~.~ ~ ~ R~ms 1st Flor BR. ~ ~//~: ~ / R~ms 2nd Flor FIN. B. Porch ~ ~ Z ¢ ~ /~ / /~ ~ ~creation Room Porch Dormer Breezeway Driveway Garage /~ = ,~/ /~ ~ ~ Patio O.B. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINtZIO, .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 November 27, 1989 Mr. Kenneth L. Stein 5 Woods Witch Lane Chappaqua, NY 10514 Re: Appl. No. 3854 - Nancy Stein (Variance) Dear Mr. Stein: 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 of Decision to: Building Inspectors' County Planning Office DEPARTMENT OF PLANNING INTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H* KUNZ DIRECTOR OF PLANNING 360-5206 November 29, 1989 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Nancy Stein 3854 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 GRIGON1S, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board o£ Appeals MAIN ROAD- STATE ROAD 25' E;OUTHOLD, L.I., N.Y: llC:J?l TELEPHONE (516) 765-1809 Pursuant to Board of Appeals the XX Article XIII of the Suffolk County Charter, the of the Town of Southold, New York, hereby refers following to the Suffolk County Planning Commission: __ Variance from the Zoning Code, Article III , Section 100-119.2 Variance from Determination of South61d Town'Building Inspector Special Exception, Article , Section Special Permit XX Appeal No.: 3854 Applicant: Nancy Stein Location of Affected Land: 2535 Cedar Lane, County Tax Map Item No.: 1000- 37-4-10 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area East Marion, NY Thruway State or State or Federally Owned Land Federal Park 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, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMME~ITS: Applicant is requesting permission to construct a deck addition within 75 feet of bulkhead. Copies of Town file and related documents enclosed for your review. Dated: November 28, 1989 5f.-~-~ KLEINFELD CAROL T f411 OEACHVIEW DR --4158~9 ...... NORTH BAY VILLAGE FL ~1~1 ~:~Y PARROTT WI~L~AM~ AILEEN & ............. i~-~b"CP~ KENNEDY ST ~1G ~1J~59 PARROTT JOHN BAYSIDE NY 115~U ..;~;~ ..................................................................... ~- __~_~__~,~;~ ..... ~ ....................... 5F.-~-lD SEEIN NANCY C ~ KENNETH L b WOODS WITCH LA ~5589 ............. CHAPPAQUA NY- - 1Ubl~ --j~C~JlZ.1 ........................... KAPULER WILLIAM P & WF ~-~EN St - ' ~5~ ~ROOKLYN NY 11~U1 ................................ ~__, ...... ~---, ................................ ,:__:-;,,,~;~;- ~-; ..................... 5f.-~-1~ THORNHILL KENNETH W & WF ~5~ ~ MArioN NY 11v59 -~1~ -- A~OTT DAN A ........ zb-SYCA~E- ST ~fS~y WEST HEMPS~EAD NY 11~ ~ .......................... _ .- . ~ ................. ~ ..................... _ ~ .......... _. -~-~-L-~-LL---~ ........................ J~.-4-1~ ABBOTT D~N A & WF 2~ SYCAMORE ST ~5~ ............ ~S~ HE~PSTEAD' Nf 11~E ~t.-~-16 SEEMAN ARTHd~ & MAR~ ~OX 4~5~89 EAST MARION .......................................... ~ ................................................ ~ ............................... 5f.-~-18 GARDINERS BAY ESTATES GBEM ASSOC BOX -~fSBSM EIO GEORGE-CLARK'TREAS ' EAST MARION NI 1195~ ~f~L~l SCHEME LINN M ' BA~VIEW DRIVE ................... ~ ............ ~_-~ ................................... ~ ............... ................ ~ ....................... 5~.-~-~ ~ONGaORTH DOROTHY S & 1UUU RIVER ~EACH DRIVE ~4~5~8~ BODKIN BARB~RA J ..... FORT LAUDERDALE FLA 55515 -~g3~5 TODD MAR~R~ PAER[~IA " 585 ~EECHWOOD RD ~f5~ RID~EWOOD NJ ~.~ ............................ ~ ................................................................ ~ ............................... 5f.-~-~ TESSIER JOHN S f~U ~AYVIEW DRIVE ~:-~-~ TESSIER~JOHN S ................ ~SU a}YvIEw DR~VE ~155BY BOX ~52 EAST MARION NY 11~59 ................. _. ~ ......... _ ,.-~L-~gg: ....... ~--.::~,2~.. .................. _ *~_~:~_,~ .... ~_~2_L2--~ .................... 5~.-~-~ KOENIG RICHARD G ~1 HAWXHURST 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 (None). MR. GOEHRINGER: Anybody against the application? (None). MR. GOEHRINGER: members? (None). MR. GOEHRINGER: Hearing questions, motion to close the discussion until later. MR. SAWICKI: Second. MR. GOEHRINGER: All (Ayes). MR. GOEHRINGER: Thank coming in, gentlemen. of Nancy Stein, appeal (Reading). MR. GOEHRINGER: dated at this point -- It indicates an existing Penned-in on this survey like to speak Questions from Board no further hearing in favor? reserving you very much for Next appeal is on behalf number 3854. 61 Copy of a survey dated I'm sorry, July 4, 1972. one-family dwelling. is a deck area, somewhat irregular in conformity, indicating approximately a reduction of 35 feet to the high water mark. I have a copy of the Suffolk County RAM COURT REPORTING SERVICE (516) 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 tax map indicating this and surrounding wife properties in it the area. MR. STEIN: My name is Kenneth Stein, my is Nancy Stein. MR. MR. to GOEHRINGER: How do you do? STEIN: We have to build a deck replace the one we had to take down because it rotted. Our house is sitting there ten feet above the ground so if you walk out the living room you just drop. That's the way it's been all summer. The old deck, which I think is shown on the survey as a porch, was too narrow to be usable, anyway. When you open the windows to the living room and you put chairs in, nobody can pass by anybody else. Now it all rotted and we have to do it. We spent the last number of years trying to find a design that would not wind up -- the property slopes down. We tried to find a design that wouldn't wind up with a 14 or 20 foot wall facing the water, which I guess would be offensive to everybody. It would also interfere with other people's sight lines. Having gone through two architects, landscape 62 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 fellow, and various secondary types we came up with Lou Fisher from Penny Lumber came up with the best idea. Because of the stepdowns, he extends it in the irregular fashion that you've noted. I think I enclosed one of these what he's labeled bird's-eye view. Penny page? MR. GOEHRINGER: I Lumber View. MR. STEIN: Didn't think I only have the that have a second MR. GOEHRINGER: No. MR. STEIN: If I might two spare copies of this view. This would be the It's in the upper corner here. little bit. Even that--by the thinking of softening the wall hand up, I do have so called bird's-eye view from the water. I magnified it a way we are by moving the deck area back slightly and stepping the wall reduce the impact of the size of the wall. If you step and put some plants there, up and solve even it. you step it to 63 We think this proposed deck permits us to utilize the property effectively. It creates an attractive addition to the property, is RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 64 inoffensive architecturally with the area because it matches the bulkheading that's there. We don't interfere with the sight lines on the properties to the north because we step it down and they can still see out their livingroom towards the bay, which is to the east. The old deck, as I said, was within, I think, the house, is within 75 feet of the water. By the way, that's been there since the late 30's. I just hope to the application. MR. GOEHRINGER: step over here, MR. STEIN: Sure. MR. GOEHRINGER: This that is going to be in the have you people grant me Maybe I could ask you to if you wouldn't mind. is the proposed rear view of the deck house, is that not correct? MR. STEIN: That would be the part -- you could walk right out of the house. That would be level. This was the old section, was torn away, then you do that so's to get to this, which is the real deck. You get down four rises, so you drop the thing down. RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the MR. GOEHRINGER: What's old deck was? MR. STEIN: I guess you would call this a level. It is a level. It would be benched around here. It probably have a kind of service area here with maybe a little rail right there. But this is really what we are trying to get to, because that's the main area. MR. GOEHRINGER: This is elevated four feet down, approximately? MR. STEIN: Four rises down. MR. GOEHRINGER: Four rises, okay. MR. STEIN: That would come out to two and going here where is what, existing existing curb. see of the a half feet. MR. GOEHRINGER: This wall or proposed wall? MR. STEIN: That's an MR. GOEHRINGER: That we picture over here? 65 MR. STEIN: Right. We've also tied in to the existing, this is a retaining wall that's been there for years. We have tied this to come down again to provide access from this walkway. We've had to -- this has been a kind of RAM COURT REPORTING SERVICE (516) 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 structure on the whole thing, because we've into these existing cement steps. You have get to that path way, of configure it. MR. GOEHRINGER: as well. You have to It's a little difficult to understand. That's why I asked. MR. STEIN: This wall exists as you come 66 tied to kind down this wall narrows down to next to nothing. This is only about six inches. MR. GOEHRINGER: I viewed there by the way from your next door neighbors' property. MR. STEIN: From north or south? MR. GOEHRINGER: South. MR. STEIN: Both the neighbors are happy with it. MR. GOEHRINGER: You get a pretty good view from the south? STEIN: It's about 900 feet. Existing garage is 2115. GOEHRINGER: You're adding 900 square multi-level deck? STEIN: Right. GOEHRINGER: Thank you so much, Mr. MR. house and MR. feet on a MR. MR. Stein. RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 to be MR. STEIN: Thank you. MR. GOEHRINGER: Anybody else would heard on behalf of the application? (None). MR. GOEHRINGER: Anybody against the application? like to speak (None). like MR. GOEHRINGER: Questions for Board members? No further questions, motion to close hearing reserving decision until later. MR. SAWICKI: Second. MR. GOEHRINGER: All in favor? Next appeal (Ayes). MR. GOEHRINGER: Toffalis is number 3857. 67 in behalf of Michael (Reading). MR. GOEHRINGER: What is the square footage? At this particular time, we are reflecting a, I believe, ten by twelve deck is the nature of this application, which appears to be side yard plus really the rear yard in this particular application? Would you like to speak in behalf? RAM COURT REPORTING SERVICE (516) 727-3168 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, 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 August 23, 1989 Mr. Kenneth L. Stein 5 Woods Witch Lane Chappaqua, NY 10514 Re: Appl. No. 3854 - {Variance) Dear Mr. Stein This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and reviews 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 outside 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 September 21, 1989, 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 Suff.olk Times will be sent to you as confirmation (with the exact time)in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GR~GGNIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWtCK~ 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 CONCEP~N: 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 time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, CHAIRMAN df Enclosure HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSK1, JR. ELLEN M. LARSEN Ms. Nancy C. Stein 5 Woods Witch Lane Chappaqua, New York BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 8, 1986 10514 TELEPHONE (516} 765-1892 Re: Cedar Lane, East Marion, New York Dear Ms. Stein: The following action was taken by the Board of Trustees during their regular meeting held on August 28, 1986 regarding the above referenced matter. Moved by Trustee Bredemeyer seconded by Trustee Krupski WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the Board has considered all of the documentation submitted concerning this request; and WHEREAS, the Board made the following findings of fact. 1. By this request appellant requests a WAIVER of the Wetland Ordinance to replace and expand a deck on property located at Cedar Lane, East Marion, New York. 2. The existing deck is totally behind a bulkhead. 3. The proposed deck will be placed on gravel. 4. The applicant agreed to do everything to contain road run off that is going through his property by installing dry wells before installing the deck. IN VIEW OF THE FOREGOING AND IN CONSIDERATION OF THIS REQUEST THE BOARD FINDS AND DETERMINES: 1. The project as proposed will not adversely affect the health, safety and general welfare of the people of the Town. 2. The project as proposed will not adversely affect the wetlands. In considering this determination, please take further notice that this declaration shoukd not be considered a determination made for any other department or agency which may also have an applicat~n pending for the same or similar project. Nancy C. Stein Page 2. NOW, THEREFORE, BE IT RESOLVED that Nancy C. Stein BE AND HEREBY IS GRANTED A WAIVER OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD AS REQUESTED SUBJECT TO THE FOLLOWING PROVISIONS DURING CONSTRUCTION: 1. During construction all materials should be contained so that it does not wash into the waterway. 2. Immediately following construction all areas of exposed soil should be suitably vegetated. 3.Run off is to be discharged into dry wells. In considering this determination, please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Very truly yours, HPS:ip cc: C.A.C. Bldg. Dept. Board of Appeals Trustees file Henry P. Smith, President Board of Town Trustees~ Ilene Pfifferling, Clerk June 1, 1989 Zoning Board of Appeals Town of Southold Main Road State Road 25 Southold, New York 11971 Attention: Ms. Linda Kowalsk~ Gentlemen/Mesdames: In accordance further support of enclosed are: with your recent request, and in our application for a variance, Photos of the grade from the house toward the inlet and from the inlet toward the house; Notices to the Parrotts and Kapulers, the two adjoining property owners, receipted by all on May 27; Copy of the Trustees' waiver. Our calculation of the total square footage of all improvements, house garage and proposed deck, is less than 3,000 square feet. We believe the lot is approximately 12,200 square feet. Hence, the percentage of coverage is approximately ~4.6%. If we can provide you with any additional information, please call me during business hours at 212-818-9600. Thank you. Verf/truly yours, K~ KLS\cm:3 Enclosures June 19, 1989 Ms. Linda Kowalski Southold Town Board of Appeals Main Road - State Road 25 P.O. Box 1179 Southold, New York 11971 Re: Variance(s) ADDlication No. 3854 Dear Ms. Kowalski: ~."~'- Enclosed is the revised and updated varl.ance(s) ~ application which I am sen.ding .t.o our nelg.hb.ors -)concurrently herewith. I will file the certified ~.~£~,~(-~ail receipts when returned to me by the U.S. Post off ce. · ~.~_~.," So as to keep them fully apprised, I have ~ provided them with copies of the Notice of .~'~ ~' D~sapproval and your letter of June 5, 1989 w~th , enclosures. ~3 ~ Thank you for your help. KLS:js Enclosures sinc~ely yours ,. cc: Bill and Sylvia Kapuler Bill and Aileen Parrott APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, JOSEPH H. SAWtCKI JAMES DINIZI0, 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 June 5, 1989 Mr. Kenneth L. Stein 5 Woods Witch Lane Chappaqua, NY 10514 Re: Appl. No. 3854 - Variance(s) Dear Mr. Stein: Thank you for your recent letter with supplementing documentation concerning your application filed recently with our office. Since the Building Inspector's Notice of Disapproval gives reason for a variance only for proposed construction within 75 feet of wetlands, his Notice of Disapproval will need to be amended/updated to include the necessity of a variance for lot coverage in excess of the maximum-permitted 20%. (Enclosed is a copy of the Bulk Schedule requirements for your property. Please also note that the setback from the rear property line at the closest point must be not less than 35 feet. If you feel that the setback may be slightly less than 35 feet, you may want to include this for the Amendments also.) We are sending a copy of this letter to your builder, ~Mr. George Terry, in order to help to expedite obtaining the ~'~Amended Notice of Disapproval for lot coverage (and possibly .rear yard setback too). Upon receipt of the Amended Notice of Disapproval from the Building Inspector, the neighbor notifications should be sent by certified mail, citing the request for a variance as to exces- sive lot coverage (and if necessary rear yard setback) for this R-40 Zone District, and returning the originals with original postmarked mail receipts to our office. In the interim, we have reserved a hearing date on this Page 2 - Jund 5, 1989 To: Mr. Kenneth L. Stein Re: Appl. No. 3854 - Variance(s) matter for late July, and ask that either you or Mr. Terry return to correct the application, etc. If preferred, this may be done by mail. Please feel free to call at any time if you have questions. Yours very truly, Linda Kowalski Enclosures cc: Mr. George Terry, Builder Mr. Victor Lessard, Principal Building Inspector JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: May 26, 1989 Transmitted herewith is Zoning Appeal No. 3854 Nancy C. Stein Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 · 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 Cn~thnld Tnwn ~l~rk Southold Town Board of Appeals MAIN RnA?~- STATE RI-lAD 25 SMIUTH[]LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. TYPE II September 21, ACTION DECLARATION 1989 Appeal No. 3854 Project/Applicants: County Tax Map No. Location of Project: Nancy Stein 1000-37-4-10 2535 Cedar Lane, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct deck within 75' of 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. tr '[he ii, S, [nvirol::nolr. al QualiLy~:vluw 1ct r¢'~uir~:; ":?,.:','." "'mission t this form, and an envtroinLal reviuw'~ill 'ber ..~ ......' . . _~ ~ '~'.., ..... ' m~de b~ this board before an~ act~ ~e ~ taken. ...,- .... - . . . . . . · , o~T ~v~Po .F TqI A E P~ · .' ',' .h~',.:7./' ~., .,id,, . ~-~ .... ' .- - '' . , ' ' "~.J.~, ~.,'~',o ,., .... . ,, l~ly ~c:~ o~ the ac:.on, Z: ~ not o~ec=cd ~ha: aOlltlora) .~.,~ .......... ,'~ . ~ (b} l~ any que~.ton he3 been anJwored Yes [hn project m~y be ~i~tftcant~End z'' · '.'d.2 .. ', '.'q'.~ .....~ . '~ '":. .... %- · ' . / -.. : :";,,.~ ~""A~ · "': ....... ,:*.'D''~.'..(c) It al1 quas~lon= have been an=worod Ilo ~' 4, ~u,~ ........ ' .......... ~, ', - . ...],.,., J ,; ... . . . . . . . , , · .~:..'.'",};;[L~,.-' .' ~ l. ~l project ro=~t in a larKe ~hy=ical c~ne ' ' .... . :tv- :.',..'.?~?'.t' · . :. to the prelect ~ltoor phy=lcaliy altermor:' ' ' :..".~. ....... .. ,~,; ~ 2. Will :hero be a ma~or chung~ to any ~cuo or .... 3, W~I pro~ec: alter or ~vo a largo effect on X .. .... an oxl~tln~ body of water? . . . , . , , * * ~e~ rio .... &, ~l proJ~c~ h~vo a potont/~ll7 largo Lmpac~ on ~. '., ~o,~ator quailty?.* * * * * * * * * _ Ye= X Ilo : ~, W~i proJec: sl~iflcantly'cf~ect drainage ~c-., -.. · ,. 6, 'Will project affect any thrca~ene~ or endangered plant or anL~.~[ 3peC~cs? ......... ..,, TO~ ~ ~o 7, W~I project res~ ina ~aJor sd'.'orn~ effect on ~. - · * Ycm X Nc 8, W~ proJec~ have a ~Jor effect on vt~uol chn~ . .'P.- kno~ to bc ~portant to thc c.o~.~un~ty? * * .. Ye~_ x :: ,.~.,~. .* W~ll project adversely ~pnct any ~lto or stm~c~ crc of h~nor~c, prc-~l~oric, or pal6on~olo~cul 10, W~[ project have a m~Jor effoct cn exl~t~2 or II. Wtll project result ln'mmJor traffic problcm~ or ' 2/'' " systcm~? * * ' ' ' * Yes_ X 12. W~i[ project ~eg~al'17 cause obJect~onablo oCor=., ". '' noiJo, glare, vibration, or electrical dlatur~ anco an ~ result of the proJect'~ operation? . . Yca X No ~), Will project have an7 l~npact on public health or ·afetT" , * * · * , · , , , X ' , . Yea 1~, Will project ~ffect the exl~tln4 co~qunlty by t:cn of moro than ~ per, on,' - ' over a on~yoar period e~ have a 7a Jot n,:ca~lve cC[cCC on ~r.e public centrzver~ ~c,.;n:nK thc project" Ye~ X · .-~,-.. a S ..... ~,t~:__~k~ [- Y TIT.~: Applicant . ,.a; ........ Nancy C. Stein DATE: May 15, 1989 May 15, 1989 To: Southeld Town Board of Appeals ~lain Road Sou~hold, NY 11971 Appeal Application of N~ancy C. Stein Location of Property: . 2535 Cedar Lane, East Marl09, New York Dear Sirs: In reference to the New York State Tidal Wetlands ~and-us Regulations, 6 NYCRR, Part 661, and Article 25 of the Ne:.; York State. Environmental Conservation Lav~, please be advised tha~ subject property i,n the within appeal application: (please check crno box) ~xx ] ~I~,.; be located ~ithin 300 feet of tidal wetlands hc%.~,2ver, constructed alon~ the water-lying edco of this property is a bulkhead in very good condition and at least 100 feeU in ;len~tk. [ ] May b'e 'located within 300 feet of tidal wet!ands~ however, constructed along the %¢ate-r-lyin? edge of this property is a bulkhead in need of (minor) (major) repairs, and a o~-: [ ] -[ ] not appear to May be located within 300 feet of tidal wetlands; however, constructed along thc water-lying edge of this property is a bulkhead less than 100 feet in length. May be located :.;ithin 300 feet of tlda! wetlands. and there is no bulkhead or cc, ~,. _ ' 'on the premises. .1 ..... wa!~ e:cis:'ln Is not located within 300 feet of to the best of my kno%.~ludue., tidal wetlands [Starred items (*) indicate your property doe~,z fall within the jurisdiction of the N.y.s' D.E..C. Sincerely LOT_: If proposed project falls ~;it'h, in D.E.C. jurisdiction, asproval must be received and Sukmi~L' ' . ~.ed to our office befoce your a~plication can be -~che~uled loc a public ' ." '~' Mailing List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 Copies to the following on or about September 9, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Travel-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. Thomas C. Samuels, as Agent for Southold Free Library 25235 Main Road, Cutchogue, NY. 11935 Southold Pools, as Agent for Piperakis and Argiropoulous P.O. Box 1412, Southold, NY. 11971 Mr. Richard Lark, Esq. for Elizabeth McCance, Main Road, P.O. Box 973, Cutchogue, NY. 11935 Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361 Ms. Marie Ongioni, Esq. for Edwin Kinscherf, 218 Front Street, Greenport, NY, 11944 Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr. Peconic Associates, P.O. Box 672, Greenport, NY. 11944 Edson and Bruer, Attorneys at Law, Esq. for Charles and Carol Burst P.O. Box 1466, $outhold, NY, 11971, Mr. Rudolph Bruer, Esq. for Henry Arbeeny, P.O. Box 1466, Southold, NY, 11971 Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty, Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716 Mr. Warren A. Sambach, Sr. for Richard DiBlasi, P.O. Box 1033, Cox Lane, Cutchogue, NY 11935 Mr. Charles R. Cuddy, Esq. for Elliot Paskoff, 180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901 Mr. Kenneth Stein, 5 Witchwood Lane, Chappaqua, NY. 10514 Mr. and Mrs. Michael Toffalis 50 Captain Kidd Lane, Mattituck, NY 11952 Mr. Jim Delucca, for Bernard Cosimano 12 Linda Lane, Riverhead, NY 11901 Mr. Garret A. Strang, for Paul Mitchell P.O. Box 1412, Southold, NY 11971 Mr. Richard. T. Haefeli, Esq. for Cliffside (Tide Mark) 184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978 Mr. Merlon Wiggins, For Port of Egypt 1 Bootleg Alley, Greenport, NY, 11944 Mr. William D. Moore, Esq. for Crescent Beach Condo. Main Road, P.O Box 23, Mattituck, NY 11952 Mr. and Mrs. Domenico LoRe 21 Chatteua Drive, Box 24, Oakdale, NY 11769 Mr. and Mrs. Nick J. Cassimates 150 Captain Kidd Drive, Mattituck, NY 11952 Ms. Margeret Drape 160 Breakwater Drive, Mattituck, NY 11952 ~TY OF SUFFOLK STATE OF NEW YORK ss: 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 successively, commencing on the ...... /~ ~' ' Sworn to before me this ....... ,/,fi- '~F day of ............. ~, 19. ~ Notary Public BARBARA A. SCHNEIDER NOTARY PUBEIg, State of New York No. 4806846 Qllalified in Suffolk County . Commission Expires f~/~ ,/5'0 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant io 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, Southnid, NY 11971, on THURSDAY, SEPTEMBER 21, 1989, at the following times: 7:30 p.m. AppL No. 3861-- SOUTHOLD FREE LIBRARY. Variance to the Zoning Or- dinance' Article IX, Section 100-102, as Disapproved, (non- conforming Bulk area and park- ing requirements of the Hamlet Business District).; Proposed construction will have insuffi- cient total side yard setbacks. Property Location: 53705 Main Road, Southold; County Map No. 1000, Section 61, Block~ 1, Lot 14. '~ 7:35 p.m. AppL No. 3859-~ EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOU- LOUS. Variance to the Zoning Ordinance, Article XXIII, Sec- tion 100.239d (A) (l), as disap- proved, for permission to con- struct an inground pool with deck and fence, wi~thin 100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County 2~ax Map No. 1000, Sec-. tion 15, Block 1, Lot 3. . 7:40 p.m. Appl. No. 3798-- ELIZABETH McCANCE. Var- iance to thc Zoning Ordinance, Article I, Section 106-20 (Arti- cle 111 Section 100-31 as Disap- proved) for approval of insuffi- cient area in this pending divi- sion of land of property, (R-80 Zone District.) Property Loca- tion: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-$.1. 7:45 p.m. Appl. No. 3863-- NICHOLAS TSIRKAS. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-2~, as disapproved, for permission to construct a one family dwell- ing with an insufficient 40' frontyard setback in this R-40 Zone District. Property Loca- tion: 2700 Sound Avenue, Greenport, County Tax Map District 1000, Section 033, Block 01, Lot Il. 7:50 p.m. Ap.~No. 3827-- EDWIN Klbl~ERE Vari- ance to the ZOll~'g Ordinance., Article I, Section 106-20, (Arti- cle III, Section 100-31, as disap- proved), for approval of insuf- ficient areas in this pending sub- division (R40 Zone District.) Property Location: 350 Wood Lane, Greenport, Section 043, Block04, Lot 29-30-35. 7:55 p.m. Appl. No. 3864-- LOEPOLD STERN. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100.239d, B. (Article XXIV, Section 100-244, as disapproved), for permission to construct a one family dwell- ing with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Loca- tion: 1390 Bayview Drive, East Marion, County Tax Map Dis- trict 1000, Section 37, Block 5, Lot 22. 8:00 p.m. Appl. No. 3865-- CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Sec- tion 100-30 A.3, as disapproved, for permission to construct addition with insufficient side and rearyard setbacks in thisl~° R40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87, Block 4, LOt 6. 8:05 p.m. Appl. No. 3866-- HENRY ARBEENY. Variance to the Zoning Ordinance, Arti- cle VIII, Section 100-82, as dis- approved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB), Property Location: Route 48, Kenny's Road, Southnid, County Tax Map District 1000, Section 059, Block 07, LOt 31. 8:10 p.m. Appl. No. 3849~ CIPITELLI BROS REALTY. Variance to the Zoning Ordi- nance, Article XXIII, Section 100.239d, A (1), as disapproved, for permission to construct a one family dwelling with an in- sufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, Coun- ty Tax Map No, 1000, Section 14, Block 2, Lot 24. 8:15 p.m. Appl. No. 3852-- RICHARD DiBLASI. Variance to the Zoning Ordinance, Arti- cle lII, Section 100-30A3, as dis- approved, for permission to construct open deck in front yard, nonconforming With hulk area and parking regulations in this R40 Zone District. Proper- ty Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037, Block 04, Lot 01. ~b,~ 8:20 p.m. Appl. No. ELLIOT PASKOFF. the Zoning Ordinance, III A, Section 100-30A.3, (Ar- ticle XXIII, Section 100-231 (A), as disapproved), for permission to construct an attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot area is non- conforming in this R-40 Zone District. Property Location: 205 North Sea Drive, Southold, NY, County Tax Map No. 1000, Sec- tion 54, Block 4, Lot 4. ~ 25 p.m. Appl. No. 3854-~- CY STEIN. Variance to Zoning Ordinance, Article ection 100-119.2. (Article I, Section 97-12C, as disapproved) for permission to construct a deck addition within 75 feet of water or wetlands. Zoning Dis- trict R-40. Property Location: 2535 Cedar Lane, East Marion; County 'Pax Map No. 1000, Sec- tion 037, Block 04, Lot 10. ~:30 p.m. Appl. No. 3857~" MICHAEL TOFFALIS. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-244.~'~ As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in an R-40 Zone District. Property Loca- tion: 50 Captain Kidd Drive, Matfitock, County Tax Map No. 1000, Section 106, Block 03, Lot 028. 8:35 p.m. Appl. No. 3858-- BERNARD COSIMANO. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disappwved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard set- backs in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, LOt 63. 8:40 p.m. Appl. No. 3542--~'~*~ CLIFFSIDE (TIDE MARK). Variance to the Zoning Or- dinance, Article V, Section 100.50B Special Exception, (Ar- ticle XIII, as disapproved) for permission to construct 76 motel Units in this Resort/Residentiai (RR) Zone District. Property Location: 61475 County 48, Greenport, County 'Pax Map No. 1000, Section 045, Block 01, Lot 01. 8:45 p.m. Appl. No. 3770-- PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100.121C-122, (Sec- tion 100.239D, as disapproved) for permission to construct Boat Storage Building with insuffi- cient setbacks and excessive lot coverage in this Marine II (M- 11) Zoning District. Property Location: Main Road, Southnid, County Tax Map NO.O 1000, Section 056, Block 04, ~ LOt 10.1, II, 12.2, 3.2, 3.3, 4, 6.1. 8:50 p.m. Appl. No. 3842-- CRESCENT BEACH CON- DOS. Variance to the Zoning Ordinance. Article XXVII, Sec- tion 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insuffi- cient setbacks. Property Loca- tion: End of Maple Lane, East Marion, in this Resort/Residen- tiai (RR) Zone District, County Map No. 1000, Section 38, Block 7, Lot,2~ .u~its. 8:55 p.m. Appl. No. 3860- DR. PAUL MITCHELL. Variance to. the Zoning Or- dinance, Article III A, Section 100-30A-3, as disapproved, for approval to construct a single family dwelling with insufficient front yard setback in this R-40 Zone District. Property Loct~ tion: 1015 Munn Lane, Orien~ County Tax Map District 1000, Section 017. Block 02, Lot 08. The Board of Appeals will at said time and place hear any and ail persons or representatives desiring to be heard in each of- the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: September 1, 1989.- BY ORDER OF THE SOUTHOLD TOWN.' ' BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda IX, 9/14/89 (25i'LI ry, (R-80 Zone District.) property Lo~.3-5.1. 7:45 p.m. Appl. No. 3863 a toe family dwellin~ with an insuf- R-40 Zone Disuict. Property Loca- pofl, County Tax Map Distri~t'1000, Section 033, Block 01, Le~ 1L Sea,ion 106-20. (At,cie I~ Section 100-31. as disapproved), peuding ~ubdivision (R-40 Zone District.) Property Location: 350 a one family dwelling with an insuf- safely 75 feet f~m the bulkhead in CHARLES AND CAROL BURST. Block 4, Lot 6. ness Zoning Dist~ct (LB), P~l~erty cie XX~ Section 100-239d, A (1), 04, Lo~ Ol. Section 100-231 (A), as disap- is no~couforming in this R-40 Zone County Tax lViep No. 1000, Section No. 3854 Zoin~.g Outimmee, Article ~ Se~- within ?5 feet of water or wctiends, Zoning District R-40. Property ~ Location: 2535 Cedar Lane, East Marion~ County Tax ~p No. ~CH~L ~FFA~S. VaH~ ~8. 8:~5 p.m. AppL No, 3858 B~ C~O. Va~ ~ S~im 1~-~9d, B. (~- ~ a ~ ~i~ wi~ 75 f~ ficient to~l side yard setbacks this R~ ~e Dist~cu Pro~y ~S~E ~E ~RK). Va~- ~ ~'~c ~g O~, cie V, Section 100-50B Special ~. (A~e X~, as disap- 76 ~ U~ ~ ~s Reso~.i- d~fi~ ~) ~e ~tfi~. ~y ~n, Co~ty Tax ~ap No. 10~. ~ ~5. BI~ 01, ~ 01. ~g O~, A.i~e X~ ~ 1~-121C - 1~, (S~ I~- ~OD, ~ disarm) for ~aHne ~ (M-I~ Z~g Dh~ict. ~closed wi~ ~s w~dows wi~ ~: End of ~ple ~, ~st ~R) Zone District, County Map No. l~, S~fi~ 38. BI~ 7, COUNTY OF SUFFOL0 Patricia He~ __of Mattituck, In said County, being duly sworn, says that he/sha Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, publIshed at Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 14th day of s~19 89_ Sworn to before:me thIs NOTICE OF H~RINGS- NO~CE IS HEREBY GIV~ will be held by the SOU~HOLD ~ BOA~ OF ~P~ at a Regular M~fiug. at th~ou~old To~ HaH, M~n Road, Southold, NY 11971, on THURSDAY, SE~BE~ 21, 1989, at ~e 7:30 p.m. Appl. No. 3861 SOUTHOLD FREE LIBRARY. approved, (nonconfo~ing Bulk ~ Bus~e, dis~cO p~sed Location: 53705 Main Road, Souihold; County Tax Map No. 7:35 p.m. Appl. No. 3859 EMANUEL PIPERAKIS AND D~OS AG~O~ULOUS. Va~cu to ~e ~g O~ce, A~icle XXIII, Section 100-239d (A) (1), a~ d~a~v~, for with deck and fence, within .100 feet fr~ Sold ~ ~is R-40 District. Pro~y ~cation: 3410 No~h Sea Drive, Orient; CourtW Tax Map No. lO00, Section 15, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NANCY C. STEIN ~0 the Board of Appea~s of the Town of Southold TO: BiLL and SYLVIA KAPUL£R 373 Union Street Brooklyn, New York 11201 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ~dlE/~dd~ffd~aq/p~ffn'~/l~ [circle choice] 2. That the propert~ which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: the Stein home to the north of yours 3. Thal the properts which is the subject of such Petition is located in the following zoning district: A - Residential 4. That b~ such Petition, the undersigned will request thefollowingrelief: permission to construct a deck in accordance with the attached p]ans. 5. Tha~ thc provisions of the $outhoid Town Zoning Code applicable to the relief sought by the under- signed are A~i=zcle III ~=~:t_i. on 100-119.2 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five day's from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Ma n Road Southold, New York and you ma)' then and there examine the same during regular off ce 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. Dated: May 15, 1989 Petitioner Owners ' Names: Nancy C. & Kenneth L. Stein Post Office Address 5 Woods Witch Lane Chappaqua, New York 10514 (Tel. 914-241-0515 ) PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF NEW YORK 5S : Carol McBride ,residingat 101-47 121st Street, Richmond Hill, NY 11419 , being duly sworn, deposes and says that on the l~6th of May , 19 89 , 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 4~%h& Lexinqton Ave., New York, NY ;that said Notices were mailed to each of said personsby (certified) (registered) mail Sworn to,~efore me this 16th day of./ May . _....~,19 89 -- KENN~H L STEIN Carol McBride (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : NANCY C. STEIN : to the Board of Appeals of the Town of Southold : TO: BILL and AILEEN PARROTT 18-75 CPL Kennedy Street, #1G Bayside, New York 11360 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~R~TiAJ/~%c,e, ci4,ip/i~/j,,~p~,c,i~lk)aAr;l~l~/)//~O,~jfi/~) [circle choice] 2. That the properts which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: the Stein house to the south of yours. 3. That the propert~ which is the subject of such Petition is located in the following zoning district: . A - Residential 4. That b~, such Petition, the undersigned will request the following relief: permission to construct a deck in a~cordance with the attached plans. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sect/on 100-119.2 [ ] 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 Soutl~old 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. ?. 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 $outhold 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: May 15, 1989 Petitioner Owners ' Names: Post Office Address 5 Woods Witch Lane Nancy C. & Kenneth L. Stein Chappaqua, New York 10514 ( Te I. 914-241-0515 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS A DD._.__R ESS STATE OF NEW YORK COUNTY OF EEl,,/ YORK Carol McBride ,residingat 101-47 121st Street, Richmond Hill, NY 11419 ,beinB duly sworn, deposes and says that on the 16th day of May , 1989 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed [o each of the above-named persons at the addresses set opposite their respective name~; 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 45th& Lexington Ave., New York, NY ;thatsaid Notices were mailed to each of said personsb¥ (certified) (registered) mail. Sworn to before mc this 1,Jith day ~9 89 Notary' Public KENNk'll4 L STEIN NOTARY PUBLiC.State 0t New Y0fk No. 02ST3825742 Qualified in Westchester County ~mmissio~ Expires May 31, Carol McBride (This side does not have to be completed on form transmitted to adjoining property owners.) 4: .///: ~ // / /: // / / / / / / / \ N %/