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HomeMy WebLinkAbout3836APPEALS BOARD MEMBERS GERARD P. 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3836: Matter of ANNA SCHALLER for a Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3, and Article XXIV, Section 242B for permission to construct (garage) addition with an insufficient setback from the north side property line and insufficient total sideyards. Lot area of premises is nonconforming at approxinmately 11,718 sq. ft. in this R-40 Zone District. Location of Property: 115 Parson's Boulevard (Private Road), East Marion, NY; County Tax Map District 1000, Section 37, Block 2, Lot 5. WHEREAS, a public hearing was held on April 13, 1989 under File No. 3836, filed March 14, 1989; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Parsons Boulevard (a private road), in the Hamlet of East Marion, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 2, Lot 5. Southold Town Board of Appeals -2- April 27, 1989 Special Meeting (Appl. No. 3836 - SCHALLER decision, continued:) 2. The subject premises is known and referred to as Subdivision Lot No. 5 on the Map of Gardiners Bay Estates, Section Two, Map No. 275, filed with the Office of the County Clerk on April 24, 1968, and contains a total area of 9,750+- sq. ft., road frontage of 75 feet, average lot depth of 130.0 feet. 3. The subject premises: (a) is improved with a single-family, one-story frame house set back 16 feet from the northerly side property line, 10+- feet from the southerly side property line, 34 feet from the front property line, and 55 feet from the rear property (at the closest points), and as more particularly shown on survey revised October 17, 1988, prepared by Roderick VanTuyl, P.C., which is a nonconforming building as defined by Article XXIV, Section 100-242 of the Zoning Code; (b) is located in the R-40 Zone District. 4. By this application, appellant requests a variance from Article III-A, Section 100-32A, (renumbered Section 100-30A.4) for permission to construct a 13'6" wide by 22' deep garage addition at the northerly side of the existing dwelling which would reduce the sideyard setback at its closest point to four feet (see sketched plot plan prepared by Warran A. Sambach submitted for consideration). 5. Article IIIA, Section 100-30A.2B of requires minimum sideyards at 15 and 20 feet, feet for a principal structure. the Zoning Code for a total of 35 6. Article XXIV, Section 100-244-B permits sideyard reductions to 10 and 15 feet, for a total of 25 feet, for a principal structure, upon lots containing less than 20,000 sq. ft. in area. 7. It is personal knowledge of the Board that a one-car garage at a minimum can be constructed at 11'6" rather than the requested 13'6". 8. For the record, it is noted that there are Covenants and Restrictions of record for this subdivision requiring garages to be physically attached to the dwelling. Southold Town Board of Appeals -3- April 27, 1989 Special Meeting (Appl. No. 3836 - SCHALLER decision, continued:) 9. In considering this application, the Board also finds and determines: (a) that the grant of alternative relief will not be adverse to the essential character of the neighborhood and this major subdivision; (b) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) it is not feasible to locate a garage addition at the southerly sideyard area which has a lesser setback than the 16' setback at the northerly sideyard area; (d) considering the substandard size of the property, the Covenants and Restrictions of record affecting this 1968 subdivision, and the character of the immediate area, there is no alternative feasible for appellant to pursue. (e) the grant of the variance will not increase dwelling unit density affecting available governmental facilities; (f) the relief, as alternatively granted, is the minimum necessary to afford relief and w~ll not in turn cause a substantial effect on the.s&~e~'~~~e~e, comfort, convenience, and order of the3.town. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to DENY the relief requested under Appeal No. 3836 in the Matter of ANNA SCHALLER for the location of a 13'6" by 22' garage addition; and IT WAS FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF for a smaller one-car garage addition SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be a minimum six-foot setback from this northerly (side) property line; 2. That the existing area between the proposed attached garage and the northerly property line/fence remain open and unobstructed (for emergency access purposes). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio. (Absent, as agreed for this Special Meeting, was Member Doyen of Fishers Island. ) This resolution was unanimously adopted. lk I,.~C~..I~D AND FILED BY DATE $/~-/~'~ HOUR ? ~3,q a-~ Town Clerk, Town of Southold Southold Town Board of Appeals MAIN ROAD- STATE ROAD :25 SOUTHOLD, 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 DINIZ[O, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, APRIL 13, 1989, at the following times: 7:35 p.m. Appl. No. 3832 - JOHN FORSBERG. Variance to the Zoning Ordinance, Article XXIV, Section 100-242 (and Article III-A, Section 100-30A.3) for permission to construct deck(s) to existing single-family dwelling structure, maintaining the nonconforming sideyard setback as exists at the westerly side. Lot area of premises is nonconforming at approximately 11,500 sq. ft. in this R-40 Zone District. Location of Property: 1310 West Road, Cutchogue, NY; County Tax Map No. 1000-110-5-12. 7:40 p.m. Appl. No. 3839 - DIANE DUNBAR. Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3 and Article XXIV, Section 100-242B for permission to construct open deck addition with an Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 insufficient setback from the front property line along Dogwood Lane (west). Lot area of premises is nonconforming at 16,423+- square feet in this R-40 Zone District. Location of Property: 615 Dogwood Lane, East Marion; Map of Gardiners Bay Estates, Section 2, Lot Nos. 98 and 99; County Tax Map No. 1000-37-1-11. 7:45 p.m. Appl. No. 3833 PETER DESANCTIS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of open deck addition with an insufficient setback from the southerly side property line, adjacent to existing fence enclosure. Lot area of premises is nonconforming at approximately 26,964 sq. ft. in this R-40 Zone District. Location of Property: 380 Inlet Lane, Greenport, NY; County Tax Map No. 1000-43-5-2. //7:50p.m. Appl. No. 3836 - ANNA SCHALLER. Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242B for permission to construct (garage) addition with an insufficient setback from the northerly side property line and Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 insufficient total sideyards. Lot area of premises is nonconforming at approximately 11,718 sq. ft. in this R-40 Zone District. Location of Property: 115 Parson's Boulevard (Private Road), East Marion, NY; Map of Gardiners Bay Estates, Lot 77 and part of 78; County Tax Map Parcel No. 1000-37-2-5. 7:55 p.m. Appl. No. 3837 - WAYNE L. AND TERESA A. MAZZAFERRO. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article III-A, Section 100-30A.3 for permission for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Lot area of premises is nonconforming at 10,000 sq. ft. in this R-40 Zone District. Location of Property: Marion, NY; Map of Marion Manor, No. 1000-38-2-17. 1650 Gillette Drive, East Lot ~17; County Tax Map Parcel 8:00 p.m. Appl. No. 3835SE - ARTHUR V. JUNGE, INC. Amendment to Special Exception Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article XIV, Section 100-141, to include establishment of car repairs with outside storage and future occupancy of vacant building area at easterly Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 side of building (a use to be a permitted use in this Zone District). Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19; containing 45,589+- sq. ft. in lot area. 8:05 p.m. Appl. No. 3834 - FRANK CURRAN. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, and Article ]CXIV, Section 100-242, for an amendment to prior Z.B.A. Appeal }~o. 3769 rendered October 26, 1988, for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage, at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. Lot is nonconforming with a lot area of 19,080 sq. ft. in this R-40 Zone District. 8:15 p.m. Appl. No. 3819 - RUTHANN BARTRA. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of lot containing insufficient lot area located along the easterly side of Breakwater (or Luthers) Road, Hamlet of Mattituck, NY; identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 9, 2.004 (part of 2.1). The premises is located in the R-80 Zone District. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 8:20 p.m. Appl. No 3787 - MARION ROBINS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for approval of four parcels with insufficient lot area in this pending subdivision located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map No. 1000-103-10-2. Total lot area: 6.039 acres. The premises is located in the R-80 Zone District. 8:30 p.m. Appl. No. 3813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances requested to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Private Road ~11 (also referred to as Aldrich Lane Extension), extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about March 31, 1989: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. and Mrs. John Forsberg, 259 Lincoln Avenue, Rockville Centre, NY 11570 Mr. and Mrs. George Dunbar, 19 Scott Drive, Melville, NY 11747 Mr. Warren A. Sambach, P.O. Box 1033, Cox Lane, Cutchogue 11935 Mr. and Mrs. Peter DeSanctis, 512 Park Avenue, Manhasset, NY 11030 Mr. and Mrs. Wayne L. Mazzaferro, P.O. Box 238, East Marion, NY 11939 Arthur V. Junge, Inc., P.O. Box 768, Cutchogue, NY 11935 Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY 11958 Michael J. Hall, Esq., Youngs Avenue, Southold, NY 11971 Mr. and Mrs. Gustav Bartra, 227 East Breakwater Road, Mattituck, NY 11952 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for S. Hills) TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ... ...//. ~. ~':' PLEASE TAKE NOTICE that your application dated /../~_./ft9 .O~..~. for permit to . .~~~ $treet ~ ...... ~ ~..' ....~loc~ u~e County Tax Map No. I000 Section ... · · · · ~ ....... Lot ....~ ...... Subdivision ................. Filed Map No . ................. Lot No .................. is returned herewith and disapproved on the following grounds ~ ..... ~[ ~ ' .... ~~.. ~~.. ~~.,....~.:. ~ ~.~ ..~ ..... ~ . ~ y ~~ ............... ~ ........ ... ~ ~h~h ..... RV 1/80 TOWN OF SOUTH~LD~kI~rI~ t~'~(~ D APPEAL FROM DECISION OF BUILDING INSPECTORj~R ! ~ 19J~9 APPEAL NO. '' March 8, 1989 ~/ll J~J~IDATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF S0~OLD, N. Y. 1, ~) ~/..a.~.?..n.....A..:....S...a..m...b..a..c...~. ........................ of P.O. Box 1033 Cox Lane Name of Appellant Street and Number Cutchogue NY 11935 ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .F...e..b..~...q.a..~Z....2..,,...~..9..8..9. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Warren A. Sambach agent for Anna Schaller Name of Applicant for permit of PO Box 1033 Cox Lane, Cutchogue, NY 11935 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct Garage to existing residence 1. LOCATION OF THE PROPERTY 115 Parsons Blvd (Private Road) E/S 50' South .................... gwd District 1000 Secti0n037B]0ck2 Lot 5 ~ . Anna Schaller R-40 ................................................................................. ~urren~ Owner Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article TTI Section 100-31 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 Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reason that owner would like to park car isn a protected area instead of on side front yard, which is a detraction to the neighborhood. Form ZB1 (Continue on other side) REASON FOR APPEAL ~ ~ . , Continued 1. STRICT APPLICATION ~F ~'0RDINANCE would produce practicoldifficultiesorunneces- sary HARDSHiP because according to deed restrictions of the Gardiners Bay Estates Home Ow~,~e~9,~on Inc. there cannot be any detached buildings or garages constructed on property. Parking of car and cars on side front yard lawn at present is not in the interest of the neighbors who have constructed a garage to their residence and removes their car from the front yard lawn. 2. The hardshipcreatedis UNIQUE and isnotshared by all properties alike in the immediate vicinity of this property and in this use district because of irregular shapes of properties in the area and the original design and constrcution of this residence did not consider an attached garage because it was a summer home. Now that it is becoming a retirement home to be used at least ten months out of the year, a garage would like to be provided for conformity with the neighbors. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are other residences in Gardiners Bay Estates Home Owners Association area that have attached garages that encroach on side yard setbacks. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) SS Signature Sworn to this / .~..~.!.~ day March ..................................... of ........................................................ ]9 89 Notary Public ( EUZABETH ANN NEVILLE _Not~y PulPit., Stste of New York _No, 62-8125850, Suffolk ~ Te~m F.~lr~ October 31, 19.~,~ TOWN 'OF SOUTHOLD OWNER · " FORMER OWNER RES. LAND AGE IMP. STREET VL TOTAL FARM DATE VILLAGE PROPERTY 'RECORD CARD "='~' COMM. I IND. REMARKS DISTRICr SUB. TYPE OF BUILDING CB, I MISC. LOT L NEW Form 131 /!7 - ' BUILDING CONDITION NORMAL BELOW ABOVE Acre Value 2 Tillable 3 Woodland Swampland Brushland House Plot Total ",~ :--' ~ ~' ,' ~'~l~: . ~ ..~:'..:.~-~ .... ' ...~ ' ~ Porch Attic Rooms B ~ ' , ' Patio ~' -" ' ~ ,, -,~, , TOWN oF $ou"rHouo, I~Y. AMEN P F..S - 0¢]'. J"/,I98~ JOHN BERTANI BUILDER INC. 1580 Oakwood Drive Southold, New York 11971 August 16~ 1989 Mr. Gerry Goehringer Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Approved Variance for Harold J. Schaller Parsons Blvd. Gardiners Bay Estates East Marion 1~0~-~57-2-5 Dear Gerry: Mr. Schaller appealed to the board for relief from an insufficient side yard setback for a garage addition that he proposed. The board granted a variance stating that the garage must be 1176" in width and 6' from the side yard. Due to the angle of the house on the property (see survey) the new garage foundation which was installed is in reality only 5' from the side yard line in the front of the garage and 7'7" from the property line at the rear of the garage foundation. The foundation could not have been moved back due to a large tree, an existing patio and the roof line of the existing house. Please advise. Thanking yoLi in advance for your prompt consideration in this matter. Si ncerel y n A. Bertani Presi dent JAB:lb 111 }-4AI~..OLD d~. 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. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZI0, .JR. ACT't'ON OF '~-I'R. BO,Z~.D OF APP'FALS (516) 765-1823 Appl. No. 3836: Matter of ANNA SCHALLER for a Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3, and Article XXIV, Section 242B for permission to construct (garage) addition with an insufficient setback from the north side property line and insufficient total sideyards. Lot area of premises is nonconforming at approxinmately 11,718 sq. ft. in this R-40 Zone District. Location of Property: 115 Parson's Boulevard (Private Road), East Marion, NY; County Tax Map District 1000, Section 37, Block 2, Lot 5. WHEREAS, a public hearing was held on April 13, 1989 under File No. 3836, filed March 14, 1989; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Parsons Boulevard (a private road), in the Hamlet of East Marion, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 2, Lot 5. $outhold Town Board of Appeals -2- April 27, 1989 Special Meeting (Appl. No. 3836 - SCHALLER decision, continued:) 2. The subject premises is known and referred to as Subdivision Lot No. 5 on the Map of Gardiners Bay Estates, Section Two, Map No. 275, filed with the Office of the County Clerk on April 24, 1968, and contains a total area of 9,750+- sq. ft., road frontage of 75 feet, average lot depth of 130.0 feet. 3. The subject premises: (a) is improved with a single-family, one-story frame house set back 16 feet from the northerly side property line, 10+- feet from the southerly side property line, 34 feet from the front property line, and 55 feet from the rear property (at the closest points), and as more particularly shown on survey revised October 17, 1988, prepared by Roderick VanTuyl, P.C., which is a nonconforming building as defined by Article XXIV, Section 100-242 of the Zoning Code; (b) is located in the R-40 Zone District. 4. By this application, appellant requests a variance from Article III-A, Section 100-32A, (renumbered Section 100-30A.4) for permission to construct a 13'6" wide by 22' deep garage addition at the northerly side of the existing dwelling which would reduce i the sideyard setback at its closest point to four feet (see sketched plot plan prepared by Warran A. Sambach submitted for consideration). 5. Article IIIA, Section 100-30A.2B of the Zoning Code requires minimum sideyards at 15 and 20 feet, for a total of 35 feet for a principal structure. 6. Article XXIV, Section 100-244-B permits sideyard reductions to 10 and 15 feet, for a total of 25 feet, for a principal structure, upon lots containing less than 20,000 sq. ft. in area. 7. It is personal knowledge of the Board that a one-car garage at a minimum can be constructed at 11'6" rather than the requested 13'6". 8. For the record, it is noted that there are Covenants and Restrictions of record for this subdivision requiring garages to be physically attached to the dwelling. Southold Town Board of Appeals -3- April 27, 1989 Special Meeting (Appl. No. 3836 - SCHALLER decision, continued:) 9. In considering this application, the Board also finds and determines: (a) that the grant of alternative relief will not be adverse to the essential character of the neighborhood and this major subdivision; (b) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) it is not feasible to locate a garage addition at the southerly sideyard area which has a lesser setback than the 16' setback at the northerly sideyard area; (d) considering the substandard size of the property, the Covenants and Restrictions of record affecting this 1968 subdivision, and the character of the immediate area, there is no alternative feasible for appellant to pursue. (e) the grant of the variance will not increase dwelling unit density affecting available governmental facilities; (f) the relief, as alternatively granted, is the minimum necessary to afford relief and will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, and order of the town. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to DENY the relief requested under Appeal No. 3836 in the Matter of ANNA SCHALLER for the location of 13'6" by 22' garage addition; and IT WAS FURTHER a RESOLVED, to GRANT ALTERNATIVE RELIEF for a smaller one-car garage addition SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be a minimum six-foot setback from this northerly (side) property line; 2. That the existing area between the proposed attached garage and the northerly property line/fence remain open and unobstructed (for emergency access purposes). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio. (Absent, as agreed for this Special Meeting, was Member Doyen of Fishers Island.) This resolution was unanimously adopted. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. JOSEPH H. SAWtCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHO/D, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 May 23, 1989 Mr. Warren A. P.O. Box 1033 Cox Lane Cutchog~e, NY Sambach, Sr. 11935 Re: Appl. No. 3836 Anna Schaller (Variance) Dear Mr. Sambach: Please substitute the attached "corrected" first page to your copy of the above decision, which was recently forwarded to you. Yours very truly, Enclosure Copies to: Building Inspector's Office Mrs. Carsten Roensch GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, .IR. 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 ACTION OF THE BOARD OF APPEALS Appl. No. 3836: Matter of ANNA SCHALLER for a Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3, and Article XXIV, Section 242B for permission to construct (garage) addition with an insufficient setback from the north side property line and insufficient total sideyards. Lot area of premises is nonconforming at approxinmately 11,718 sq. ft. in this R-40 Zone District. Location of Property: 115 Parson's Boulevard (Private Road), East Marion, NY; County Tax Map District 1000, Section 37, Block 2, Lot 5. WHEREAS, a public hearing was held on April 13, 1989 under File No. 3836, filed March 14, 1989; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Parsons Boulevard (a private road), in the Hamlet of East Marion, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 2, Lot 5. JOHN BERTANI BUILDER INC. 1388 Oakwood Drive Southold, New York 11971 August 16~ 198~ Mr. Gerry Goehringer Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Approved Variance for Harold J. Schaller Parsons Blvd. Gardiners Bay Estates East Marion 1~0~-057-2-5 Dear Gerry: Mr. Schaller appealed to the board for relief from an insufficient side yard setback for a garage addition that he proposed. The board granted a variance stating that the garage must be 11~6" in width and 6' from the side yard. Due to the angle of the house on the property (see survey) the new garage foundation which was installed is in reality only 5' from the side yard line in the front of the garage and 7'7" from the property line at the rear of the garage foundation. The foundation could not have been moved back due to a large tree, an existing patio and the roof line of the existing house. Please advise. Thanking you in advance for your prompt consideration in this matter. Si ncerel y · n A. Bertani President JAB:lb L..o~- d JVtAP OF ),_A'NO HAP.OLD ~-J- ....~C. HALL~-.E. .i Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516} 765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ~ptember 14; 1989 Mr. John Bertani, Builder Inc. 1380 Oakwood Drive Southold, New York, 11971 Dear Mr. Bertani, In response to your letter regarding the Board of Appeals approval of Anna Schaller's variance, stating that the garage must be 11' 6" in width and 6' from the side yard. You stated that the new garage foundation would only be 5' away from the property line rather than the 6' approved by the Board of Appeals. A Special Meeting held on, August 28, 1989, on motion by Mr. Goehringer, seconded by Mr. Grigonis, the Zoning Board of Appeals voted to accept 5' as minimum setback on Anna Schaller's appeal rather than 6' as approved, based upon a more accurate field survey, made by a licensed surveyor, Dated August 7, .1989, by Robert Van Tuyl, P.C. Vote was unanimous, all Board Members voted in favor. Yours very truly, Mr. Gerard P. Goehringer CHAIRMAN df APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWtCKi 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 May 23, 1989 Mr. Warren A. Sambach, Sr. P.O. Box 1033 Cox Lane Cutchogue, NY 11935 Re: Appl. No. 3836 - Anna Schaller (Variance) Dear Mr. Sambach: Please substitute the attached "corrected" first page to your copy of the above decision, which was recently forwarded to you. Yours very truly, Enclosure Copies to: Building Inspector's Office Mrs. Carsten Roensch GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS GERARD P. 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 May 19, 1989 Mr. Warren A. Sambach, P.O. Box 1033 Cox Lane Cutchogue, NY 11935 Sr. Re: Appl. No. 3836 - Anna Schaller (Variance) Dear Mr. Samb~ch: 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 for issuance of appropriate permits before commencing any activities for this project. Copies of our decision today have been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, Enclosure Copy of Decision to: Mrs. Carsten Roensch Building Inspectors' GERARD P. GOEHRINGER --B~y Lln~a KowalsKi Office Southold Town Board of Appeals -3- April 27, 1989 Special Meeting (Appl. No. 3836 - SCHALLER decision, continued:) RECEIVED AND FILED BY DA~ ~/~ ~/~' ~} HOUR ~.'o3 ~..,~ Town Clerk, Town of Sou[hold 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 ACTION OF THE BOARD OF APPEALS Appeal No. 3836: Application for ANNA SCHALLER for a Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3, and Article XXIV, Section 100-242B for permission to construct (garage) addition with an insufficient setback from the northerly side property line and insufficient total sideyards. Lot area of premises is nonconforming at approximately 11,718 sq. ft. in this R-40 Zone District. Location of Property: 115 Parson's Boulevard (Private Road), East Marion, NY; ~£~di~y ~h~ R~y ~"~iv~c~n Let ~. ~ County Tax Map District 1000, Section~, Block ~, Lot ~. aREAS, a public hearing was initially held and a two-to-o~ vote was r~rded on January 12, 1989 in the Matter of the App '~ RYCK KOKE under Appeal No. 3814; and WHEREA~q~', ~ January 23, 1989, the Board Members unanimously voted to~'~open~ public hearing to allow questionning, if neede~'~by two Boa~members who were not present at the initial h~ng; and ~ WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Parsons Boulevard (a private road), in the Hamlet of East Marion, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section ~, Block~ Lot ~. CONSULTING ENGIN£[RS.PLANNERS 173 HILLSIDE AVENUE WILLISTONPARK. N Y 1 1596 AREA COD~[ 516 PIONEER 7.5096-50~7 April 6, 1989 Southold Town Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Application No. 3836 Anna Schaller 115 Parsons Blvd. East Marion, NY 11939 Gentlemen: Attached are pictures and description of with attached garages, for your pursal and Sincerely, Warren A. Sambachf Sr. P.E. existing residences consideration. was:s WARREN A. SAMmlACH. SR. 173 hILLSIDE AVENUE WILLJSTON PARK NY 115S6 March 31, 1989 Southold Town Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Res Application No. 3836 Anna Schaller 115 Parsons Blvd. Eas% Marion, NY 11939 Gentlemenz Following are description of pictures taken at various residental locations in Gardiners Bay Estates for your pursal and consideration. Sincerely, Narren A. Sambach, Sr. P.E. PICTURE NO. 1. PROPERTY IN QUESTION, EASTSIDE PARSONS BLVD. SECTION: 37 BLOCK: 2 LOT: 5 Northerly property line shown in ink on picture. Proposed garage extension will not project beyond the stockade fence shown in picture. PICTURE NO. 2. WESTSIDE KNOLL CIRCLE. SECTION: 37 BLOCK: 5 LOT: 13 Existing attached garage is 4'6"~ at rear, 6'6"+ in front from north property line. PICTURE NO. 3. WESTSIDE KNOLL CIRCLE. .SECTION: 37 BLOCK: 5 LOT: 11 Garage built 8'0"+ from South Property line. PICTURE NO. 4. SOUTHEAST CORNER OLD ORCHID AND NORTH LANE. SECTION: 31 BLOCK: 15 LOT: 3 Garage built 9'6"+ from east property line and 16'0"+ setback from North Lane. PICTURE NO. 5 EASTSIDE KNOLL CIRCLE. SECTION: 37 BLOCK: 5 LOT: 20 Note monument circle in red ink. Garage 6'4"+ from north property line. PICTURE NO. 6 EASTSIDE DOGWOOD LANE. SECTION: 37 BLOCK: 1 LOT: 9 Rear of garage 7'0"+ from north property line. © couu*~ oF su.ot~ Real Property ]csx Service Agency ~,..,~.0~, ~ i..... ~.,~ >- COUNTY OF SUFFOLK ?.(* SOUTHOLD .~1; TOWN oF $ou"ruo~.~, N.Y. Lo¥ Lo* I~/~A p OF SU~'VEyEO ~ NAP-OLD d. ,~C, FtALL~_.-i;~. AT" Towr~ of SOUThOLO, N.Y. ~ccx~= ~ 40'= t" ~ At"lE.r~ P ~ ' OCT. I7, I~ R-40 HD R-80 HD R-80 \ \ \ \ NOTICE OF HEARINGS NOTdCE 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 13, 1989, at the following times: 7:35 p.m. Appl. No. 3832-- JOHN FORSBERG. Variance to the Zoning Ordinance, Arti- cle XXIV, Section 100-242 (and Article III-A, Section 100- 30A.3) for permission to con- strict deck(s) to existing single- family dwelling structure, main- : mining the nonconforming side- yard setbaCk as exists at the westerly sJ~de. Lot area of pre- mises is nonconforming at ap- proximately 11,500 sq. ft. in this R-40 Zone District. Location of Property:~1310 West Road, Cutchogue, NY; County Tax Map No. 1000-110-5-12. 7:40 p.m. Appl, No. 3839-- DIANE DUNBAR. Variance to the Zoning Ordinance, Article III, Section 100-31 as disap- proved, Article Ill-A, Section 100-30A.3 and Article XXIV, Section 100-242B for permission to cons;truct open deck addition with an insufficient setback from the front property line along Dogwood Lane (west). Lot area of premises is noncon- forming at 16,423 + square feet tion of Property: 615 Dogwood Lane, East Marion; Map of Gardiners Bay Estates, Section 2, Lot Nos. 98 and 99; County Tax Map No. 1000-37-1-11. 7:45 p.m. Appl. No. 3833--~r~' PETER DESANCTIS. Variance to the Zoning Ordinance, Arti- cle III-A, Section 100-30A.3 for approval of open deck addition with an insufficient setback from the southerly side proper- ty line. adjacent t~ existing fence enclosure. Lot area of premises is nonconforming at approxi- mately 26,964 sq. ft. in this R-40 Zone District. Location of Pro- perty: 380 Inlet Lane, Green- port, Ny; County Tax Map No. 1000-43-5-2. ~r /~ 7:50 p.m. Appl. No. 3836-- ]~ ANNA SCHALLER. Variance/ to the Zoning Ordinance, Arti-/ cie III, Section 100-31 as disap] proved, Article III-A, Section. 100-30A.3, and Article XXIV,~ i Section 100-242B for permission \ to construct (garage} addition \ with an insufficient setback k,.._from th~ northerly side proper: , t~ line and insufficient totalJ t'".sideyards. Lot area off premisesk'x Is nonconforming at approxi- mately 11,718 sq. ft. in this R-40 Zone District. Location of Pro- petty: 115 Parsons' Boulevard, (Private Road), East Marion, NY; Map of Gardiners Bay Es- tates, Lot 77 and part of 78; County Tax Map Parcel No. 1000-37-2-5. ~ 7:55 p.m. Appl. No. 3837-~ WAYNE L. AND TERESA A. MAZZAFERRO. Variance to the Zoning~Ordinance, Article XX1V, Section 100-244 and Ar- ticle III-A, Section 100-30A.3 for permission for approval of existing swimming pool with deck areas which will have an in- sufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Lot area of premises is~ noncon- forming at 10,000 sq. ft. in this R-40 Zone District. Location of, Property: 1650 Gillette Drive, East Marion, NY; Map of Marion Manor, Lot # 17; Coun- ty Tax Map Parcel No. 1000-38- 2-17. 8:00 p.m. AppL No. 3835SE --ARTHUR V. JUNGE, INC. Amendment to Special Excep- tion Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article X!V, Section 100-141, to include establishment ss.~of~,,gar~ ~r~l~aira... ,with. outside. storage and future occupancy of vacant building area at easterly side of building (a use to be a permitted use in this Zone Dis- trict). Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19; con- taining 45,589+ sq. ft. in lot area. 8:05 p.m. Appl. No. 3834-- FRANK CURRAN. Variance to the Zoning Ordinance. Article Ill-A, Section 100-30A.3, and Article XXlV, Section 100-242, for an amendment to prior Z.B.A. Appeal No. 3769 render- ed October 26, 1988, for con- struction of a pool with deck and fence enclosure with an in- sufficient frontyard setback and excessive lot coverage, at pre- mises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 104)0-111-01- 016. Lot is nonconforming with a lot area of 19,080 sq. ft. in this R-40 Zone District. 8:15 p.m. Appl. No. 3819--q RUTHANN BARTRA. Variance to the Zoning Or- dinance, Article I11, Section 100-32, for approval of lot con- taining insufficient lot area located along the easterly side of Breakwater (or Luthers) Road, Hamlet of Mattituck, NY; iden- tified on the Suffolk County Tax Maps as District 1000, Section 106, Block 9, 2.004 (]art of 2.1). The premises is ~ocated in the R-80 Zone District. 8:20 p.m. Appl. No. 3787-- - MARION ROBINS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for ap- proval of four parcels with .sufficient lot area in this pend- ing subdivision located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map No. 1000-103-10-2. Total lot area: 6.039 acres. The premises is located in the R-80 Zone District. 8:30 p.m. Appl. No. 3813- SHELDON H1LLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances requested to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone .... District: R-80. Location of Pro- perry: Private Right-of-Way re- · ferred to as Private Road # 11 (also referred to as Aldrich Lane Extension), ext6nding off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set- Off Map March 4, 1985. 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 com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. Additional tirae for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 30, 1989 ' ' BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ' By Linda Kowalski _ .' IX, 4/6/89 (113~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Sectin~ 267 of the To~n Law and the Code of the Town of Sonthold, the following heatings will be held by the ~OUTHOLD TOWN BOARD OF APPEALS at · Regular Meeting. at the Southold To~vn Hall, THURSDAY, APRIL 13. 1989, at the follow/ns times: 7:35 it.tn. AppL No. 3832 -- JOHN FORSBERG. Variance to the Zoxtins Ordinance, An/cie XXIV, Sea/on 100-242 (and Art/cie m-A, Section 100-30A3) for pennissinn to cottmuct deck(s) to ex/st/n8 s/agio- family dweRin8 structure, tnaintaln- ins the nonconforming sideyard set- back ·s ex/ate at the westerly side. .Lot area of pren~ses is nonconfofn. mg at approx/tnately 11,500 sq. ft. in th/s R-40 Zone District. Loc. at/on of Property: 1310 West Road, Cmchogue, NY; County Tax Map No. 1~00-110-5.12. 7:40 p.m. Appl. No. 3839 -- DI- ANE DUNBAR. Variance to the Zoning Ordinance, An/cie IH, Section 100-31 as d/sapproved, An/cle I~-A, Section 100-30A3 anil A~/ele XXi'V, Seec/on I00-242B for para,sion to p* aw/: 115 Peon's Bouleva~l (Private Road), East Mar/on, NY; Map of Ga ' Bay Estates, Lot 77 and WAYNE L. AND TERESA A. MAZZAFERRO. Variance to the Zonin8 Ordinance, Article XXIV~ ' Section 100-244 and At, cia III-A. Sect/~ 100-3OA.3 for permission for Location of Property: 1650 Gillette previnusly zoned C-Light Industrial permitted u~e in this Zone District). RUTHANN BARTRA, Variance to (or Luthcrs) Road. Hamlet of Matti- this pending subdivisi~ located along the east side of Liuin Neck Roed, the deck addition vdth ~ north s/de of Baldwin Place, and the ~x~fo~min~ at 16,42.3/: squa~ feet in this R-40 Zone D/striae. Location of Property: 615 Dogwood Lane, East Marion; Map of Ga~liners Bay Es- totes. ~ 2. Lot Nos. 98 and 99; County Tax Map No. 1000-37-1-1 7:45 p.m. AppL No. 3833 m PE- TER DESANCTI$. Variame to the Uon 100-3OA.3 for approval of open sum. Lm area of p~n~ses is fomfing at approx/mately 26,9~4 sq. ft. in tMs R-40 Zone District. Loca- t/on of ProFerty: 380 Inlet Lane, Greenpo~, NY; County Tax Map No. 1000-43.5.2. ~' 7:50 p.m. Appl. No. 3836 ANNA SCHALLER. Vafimce to the'~ 00-31 u disapproved, Att/cie BLA_I Sect/on 100-30A.3, and Article~ XX]V, Sectinn 100-242B for penn/s.~ sion to construct (garage) eddlt/o~ v~th an msumoe~t tothack from th~ nobody side pwpeny l/ne and P~tos is noncenfosming at ap- ~PSX~,unately 11,718 sq. ft. in this R. area: 6.039 acres. The premises is located in the R-80 Z~e Distr/ct 8:30 p.m. Appl. No. 3813 SHELDON HILLS as Trustee for Banerama Coq~. Employees Profit Sha~n8 Test Variances requested to reduce side y·rds ro less than the re- quired 20 ~.nd 25 feet. and less than the ~ 45 fee.~ for tx~h sidey~mis. ~his 2+ ~cre wcam pa,:el. Zone Dis- ~ricr: R-80. Location of Propcny: Private Right-of-Way referred to as P~vate Road #11 (also referred to as Alddch Lane Extension). extending off the north side of Sound Avenue. Mattituck. NY; County Tax Map Disbict I000. Section 112. Block 1. Lot 12; Southold Town Planning Board Approved Sec-Off Map March 4, 1985. The Board of Appe~s will at said time and place hear any and ali per- sons or represenlat/ves desiring ~o be heard in each of the above mat~ers. Wtiuen C~mments may also be sub- mitred prior to the conclusion of the subject he,t/nS. E~ch he, ring will no~ mn beforc the lime adinticd. Addi- · --~ So0 L~Ms. noxt STATE OF NEW ~K) )SS: COUNTY OF SUFFOLK} Maribeth Powers of Mattltuck, In said County, being duly sworn, says that ha/she is Principal Clark of THE SUFFOLK TIMES, · Weekly Newspaper, published at Mattltuck, In the Town of Southold, County of Suffolk and State of Mew York, and that the Notice of which the annexed is a pdntnd copy, has been r~ulariy published in said Newspaper once each week for 1 weeks successively, commencing on the 6 day of ,~pr i 1 1% 9 Continued from provious, paoo Principal Clerk tional time for your presentation will be available, if needed. For more in- formation, please call 765-1809. Dated: March 30, 1989. BY ORDER OF THE SOUTHOLD ~ TOWN BOARD OF APPEALS GERARD P. GOEHRINGER -- CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERkRD P. GOEHRINGER CHAIRMAN JUDITH T. TERRY TOWN CLERK uems*~^R or wv~,u ST^T,S*ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: March 14, 1989 Transmitted herewith is Zoning Appeal No. 3836 Warren A. Sambach for Anna Schaller 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 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. April 13, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION 1989 Notice of Determination of Non-Significance APPEAL NO.: 3836 PROJECT NAS~: ANNA SCHALLER 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. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. 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. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Permission to construct (garage) addition with an insufficient setback from the northerly side property line and insufficient total sideyards LOCATION OF PROJECT: Town of Southold, County of~Suffolk, more particularly knQwn as: 115 Parson's Blvd. (Private Road) East Marion, NY 1000-37-2-5 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing structures. FOR FURTIIER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ...... .,(~, .~./.'O ......... ,19....O~..~. for permit to . ................ Location of Property ~ County Tax Map No. ~: ........ lO00Section ...~7 ' Block ~- ..Lot .,.,.,~.... Subdivision · · Filed Map No. · ....... Lot No ........ · .......... is returned herewith and disapproved on following grounds -~-~..- ... ~.o...,~../...~w,.~' ~..,~..._,,~. ~,.,,, '"~' .... _ //, ' I .;,~/"7'~'~' "*' ......... ; ........... , ..~-._~......-~.~ ~ ~ ~...~ ..... ~. ........ RV 1/80 IPROJECT I.D. NUMBER 617.21e Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I. APPLICANT/SPONSOR J 2. PROJECT NAME Warren A. Sambach, Sr. I Garage addition 3. PROJECT LOCATION: Munlcll3allty East Marion, Town of Southold County Suffolk 4. PRECISE LOCATION (Street addressand rgad intersections, prominent landmarks, etc.. bi' provide map) 115 Parsons Blvd (Przvate Road) eastside 50' south Dogwood Lane Gardiners Bay Estates, East Mar. ion, NY 11939 5. IS PROPOSED ACTION: [~New [] Expansio, [] Modiflcationlalleratlon 6. DESCRIBE PROJECT BRIEFLY: Add a one story .13'6" x 22'0'.' x 10' high garage to existing residence . acres Ullimat ely acres 8. WtLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] No If No. describe briefly g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? :1~ Residential [] Industrial :r-] Commercial [] Agricutture [] Park/Forest/Open space [] Olher Describe: Residences (Gardiners Bay Estates) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~:No If yes. list agency(s) and permiUapprovals 111. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If ye~. list agency name and permit/approval t2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponso// name: Warren A. Sambach, Sr. for Anna Schaller Da%e: 3-8-89 lithe actionisiathe Coastal Area, and you are a state agency, completethe Coastal Assessment Form before proceeding withthis assessment I OVER 1 ..~. ,, [ ont~nued on reverse side) The N.Y.S. Environmental Quality Review Act requires of this form, and an environmental review will be made by submission before any action is taken, this board SHOR~ ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In--order ~o answer the questions in this short EAF it is assumed that the preparer 'will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. {b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not Significant. (d) ~nvironm~ntal Assessmen~ 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? - Yes,, X No 3. Will project alter or have a large effect on an existing body of water? Yes X NO 4. Will project have a potentially large, impact on groundwater quality? __Yes X No 5. Will project significantly effect drainage flow on adjacent sites? . Yes X No 6. Will project affect any threatened or endangered plant Or animal species? Yes XNo 7. Will project result in a major adverse effect on air quality? Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X No 9. Will project adversely impact any site or struct- u=e of historic, pre-historic, or paleontologiual importance or any site designated as a critical envircamental area by a local agency? ___Yes _X No 10. Will project have a major effect on existing or future recreational opportunities? -.~ Yes ~X N0 11. will project result in major traffic problems or cause a major effect to existing transportation · systems? . _Yes X No 12. will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _ Yes X No 13. Will project have any impact on public health or safety? 14. Wil~ project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year Yes XNo period or have a major negative effect on the ~ character of the community or neighborhood? 15. Is there public controversy COncerning the . Prepater's Signature: Representing: Anna Schaller 3-8-89 ZBA ~/75 -- Date: QUESTIONNAIRE TO BE COMPLETED AND SUB.~l~TTED ~ITH Y~UR APPLICATION ["O;U1S '['O '['lie B~)ARD ~1.' Ak~PEALS 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? Yes No X 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes No X b)Are there any areas open to a waterway without bulkhead? Yes No X 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes No X 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Yes NO X 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground 1-~vel? State total: · ' 12 ft. Yes No X 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1-~-~17 State total: .. ft. Yes NO X 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No X 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? Yes No X State Permit # and Nature: 11. 12. 9. Do state whether or not applications are pending concerning these premises before any ot~er 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 ~ovn of ~outhold Build/no D~pt. 10. IS premises pending a sale or conveyance? If yes, please submit copy of names or pu~:chasers and conditions of sale. (from cQntract) Is new construction proposed in the area of contours at 5 feet or less as exists? If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have ..you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No Yes No. Yes No Yes NO Yes No Yes No Yes No Yes No X YesX No Yes No X 13. Please list present use or operations conducted' upon the subject property at this time one family residence and proposed ~ne family residence and attached one car garage Please submit photographs ~or the record. I c~rtify/-that the above statements are true and are ei= reliance/by the Board of A .... ~- ~_ __ · ~ . b~.ng ~ubmitted ~or ~ ~n uunsluerlng my app±lcatlon. oagnauure (Properuy Owner) Auunorlzed Agent) ~ ~ 1/88 WETLANDs [Amended fl-26-Yt; h¥ L.L. No. 2-1976: 8,5 hy ~ No. G'198fil: A. TIDAL W~TI.ANDS: (1) All la~d~ generally cnven.d or intermittently ('~v. eyed with. o~ which bord~,r on. tidal wa~r., or lands ' lying, beneath tidal waters, which at mean Iow fide , are covered by tidal waters to a maximnm depth of five {5) feet. includin~ but not llmitcd to banks. low lying lands subject to tidal actl n: (2) All banks, begs. mead nvs. ffaL~ and ti,Iai marsh subject ~ such tides and ul}on which grows or may grow some or any of the following: salt hay. black grass, saltwort, sea lavender, tall cordgrass, high bush. cattails, gronndsel, marshmallow and march cordgrass; ami/or (3) All land immedidtcly adjacent to a tidal wetland as defined in Subsection At2) and lyin~ within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESIIWATER WETLANDS: (I) "Freshwa~r weilands" us defined in Article 2,1, Ti- t]e 1, ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive. of the Environment{ Conservation ~v of the of New York: and (2) A{lland ' · · ~mmedlate]y adjacont ~ a "freshwater wet- land," us defined in ~ubscction H{ I) and lying w/th- in Seventy.five (75) feet landward of ~he most land- ward edge of a "fi'eshwaler wetlaod." 9705 ......I I I , ........ ~o,~.~ ~Real ProDerly Tax Service Agency September 20. 1957 Reference: AppeaI No. Dated September ~, 1957 ACTION OF THE ZONING BOARD OF APPEALS OF TO~ OF SO~£~tOLO New York. Appellant At a meeting of the Zoning Board of Appeals on Sept. 19 , 19 57 ~ the reference appeal was considered and the action indicated below was taken on your: ( ) Request for an interpretation of the Zoning Ordinance ( ) Request for a special permit under the Zoning Ordinance (x) Request for variance to the Zoning Ordinance ( ) Request for a temporary permit INTERPRETATION. The Board adopted the following resolution which states its interpretation of the Zoning Ordinance as requested in your appeal: SPECIAL PERMIT. By resolution of the Board it was determined that: a special permit ( ) be granted ( ) be denied pursuant to Artiele__Section__~ Subsection , paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because: VARIANCE. By resolution of the Board, it was determined that: (a) strict application of the Ordinance would, ~ produce u~due hardship because n~other 1--~ available in the emotion. (b) The hardship created is, ~2'3~2~_.~_, unique and ~ would not, be shared by all properties alike in the immediate vicinity of this property and in the same use district because property is on filed ma~and private owners on either side. (c) The variance does, x~mmxmxt, observe the spirit of the Ordinance and mm~l~, would not, change the character of the districts because mos~ ~f the dwellt-~einvioinit~are ~ailt on similar or .mallet mime lotm. and, therefore, it was further determined that the requested variance (~ be granted ( ) be denied and that the previous decision of t~e Building Inspector ( ) be confirmed ( ~ be reversed, TEMPORARY PERMIT. By resolution of the Board it was determined that a temporary permit ( ) be granted ( ) be denied to be effective from 19 until 19 when it shall become null and void, EXTENSION TO TEMPORARY PERMIT. By resolution it was determined that an extension to your temporary permit which expires .19 ( ) be granted ( ) be denied and that ( ) this extension will be effective from 19 .... until 19 when it shall become null and void. ( ) you are hereby ordered and instructed to cease and desist from any use of your property which does not conform to the Zoning Ordinance. ZONING BOARD OF APPEALS L~t ~ and 1/2 of lot ~78 on filed map of Oardinerm Orate B. Me~,er. Seoretar~ Ba,v ~statem. ?.~1 front x 130~ deep. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) to the Zoning Ordinance 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: I15Parsons Blvd (Private Road) eastside 50' south Doqwwod Lane 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 Residental Low Density That bT such Petition, the undersigned will request the following relief: construct a garage addition to residence inside yard $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Section 100-31 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 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. March 8, 1989 Dated: Warren A. Sambach, Sr. Petitioner Owners'Names:Anna Schaller PostOfficeAddress P.O. Box 1033 Cox Lane Cutchogue, NY 11935 Tel. No. (516) 734-7492 [Copy of sketch or plan showing proposal to purposes.] P &2~ 9~9 ~32 RECEIP,T FOR~F~RTIFI,,:.~ MAIL (See Reverse) DF MAILING OF NOTICE IFIED MAIL RECEIPTS Joseph Dzenkowski spe-:~f-~ N~OX 125 Ea~t-. Marinn. NY 1199 NA ADDRESS Joseph 5 East Marion, NY Floren 155 Street Miami, Florida Carste adow Road West Redding, 11939 33157 Conn. 06896 STATEOFNEWYORK) COUNTY OF SUFFOLK) SS.: Warren A. Sambach Sr. , residing at P.O. Box 1033 Cox Lane Cutchogue, NY 11935 , being duly sworn, deposes and says that on the 8 day of March , 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 $outhold; that said Notices were mailed at the United States Post Of- fice at Cutchogue ; that said Notices were mailed to each of said persons by (certified) (l~l;~:tna i I, Sworn to before me this ~o, March %/t9~89 ' Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) 'i SiT u by t MI¸ ! LOT