Loading...
HomeMy WebLinkAbout3837 Southold Town Board of Appeals MAIN ROAD- STATE RDAD 25 SnUTHOLD, L.I., N.Y. llB?l TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3837: Application of WAYNE L. MAZZAFERRO for a 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: 1650 Gillette Drive, East Marion, NY; Map of Marion Manor, Lot #17; County Tax Map Parcel No. 1000-38-2-17. WHEREAS, a public hearing was held and concluded on April 13, 1989 in the Matter of the Application of WAYNE L. MAZZAFERRO under Appeal No. 3837; 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 west side of Gillette Drive in the Hamlet of East Marion, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 038, Block 2, Parcel 17. 2. The subject premises contains a total lot area of 10,000 sq. ft., road frontage of 100.0 feet and lot depth of 100.0 feet, as more particularly shown on the survey map prepared by Roderick VanTuyl, P.C. August 4, 1978. Page 2 - Appeal No. 3837 Matter of WAYNE L. MAZZAFEI~RO Decision Rendered April 13, 1989 3. The subject parcel is improved with a single-family, 1-1/2-story frame house, and inground swimmingpool with decks and fence enclosure constructed under Building Permit No. 16728Z (issued February 5, 1988). 4. By this application, appellant requests a variance for approval of the construction of step area between the existing pool decks and existing dwelling structure, thereby changing the status of the entire pool construction from accessory to part of the principal structure (see Notice of Disapproval from Building Inspector issued March 3, 1989). 5. This parcel and the immediately surrounding parcels are located in the R-40 Zone District with nonconforming lot areas. 6. For the record it is noted that the subject parcel is known and referred to as Lot No. 17 on the filed Subdivision Map of "Marion Manor," which is and has been included on the list of "exceptions" pertaining to lot size. 7. Article III-A, Section 100-32-A and Column ii of the Bulk Schedule, of the Zoning Code requires a minimum rear yard setback at 50 feet for a principal structure. Accessory structures are permitted under Section 100-33 to be located in the rear yard with a minimum setback from all property lines at not less than three feet. 8. Article XXIV, Section 100-244B permits a rearyard reduction for a principal structure to 35 feet for lots containing less than 20,000 sq. ft. in area, which of course is applicable in this case since this lot contains a lot area of 10,000 sq. ft. and there is no question that the lot has been held in single and separate ownership as required by statute. 9. By Building Permit No. 16728Z, issued February 5, 1988, approval was granted by the Building Department authorizing the construction of steps leading to the pool area, authorizing pool construction and fence enclosure. The diagram submitted on the building permit application does indicate these proposed structures, all detached from the dwelling. All have been constructed and are detached from the dwelling; however, the bottom step, although not physically attached, was built very closely to the raised deck around the pool. This type of construction is not unusual in the Town of Southold. Page 3 - Appeal No. 3837 Matter of WAYNE L. MAZZAFEP~RO Decision Rendered April 13, 1989 10. It is the opinion of the Board that the difference between an accessory structure and an addition to the principal structure is the separation between the steps and the pool deck areas. The alternative to distinctly separate the two structures is not feasible considering all the above facts and events. 11. In considering this application, the Board also finds and determines: (a) the relief to allow the bottom step to remain as constructed is not unreasonable under the circumstances; (b) the variance requested is uniquely related to the property and the circumstances under the application for the building permit; (c) the variance requested is the minimal necessary to afford relief and is not substantial; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief, as requested. On motion by Mr. Dinizio, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested for construction of steps leading to deck between the rear of the existing dwelling structure and the existing swimmingpool construction, as applied in the Matter of WAYNE L. MAZZAFERRO under Appl. No. 3837. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Dinizio. This resolution was duly adopted. lk GERARD P. GOEHRINGER, Southold Town Board of Appeals - .... APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the $outhold 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. 7:50 p.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 ~age 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. :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 ~he existing dwelling. Lot area of premises is nonconforming 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; County Tax Map Parcel No. 1000-38-2-17. ~ 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 XXIV, 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 Cutchoque; 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, $outhold, 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) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ...~.,'. ~.....~. ~.~ ......... · .~...~.....~.~,..~.~.,.., PLEASE TAKE NOTICE that ~u~~~ated . ~ .- .W.~ ................... 19~... County Tax Map No. I000 Section ...... ~.~... Block ...... :.~ .... Lot ..... ~. ~ ..... Subdivision~ .~ Filed Map No ................. Lot No. ' is ret~ned h~r:with and disapproved on the following grounds .~..~.~. . ~~.. ~ ~ ~.: ~. ~... ~.~~~..~.~~ ~.~... ~~. ~ .... ~~.~-..~d~~...~~...~~ · .. ~ ~ ' ~ ' ~.~ .... c~.. ~..~.~. ~_ RV 1/80 OF HEALTH , 3 SETS OF PLANS FORM NO. 1 SURVEY .......... TOWN OF SOUTHOLD CHECK .......... BUILDING DEPARTMENT SEPTIC FORM TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765-1802 NOTIFY CALL ............ .......... 19 .~..~?e rmit No//..~. ?.~..~. '...~-- ............................................... Z ~2 UPON COMPLETION .... ~,,. ,~ Date ................... INSTRUCTIONS a. ~s application must be completely QHed ~ by ~pcwdter or in ink and submitted to the Buiid~g Inspector, wi~ 3 sets of plans, accurate plot pJan to scaJe. Fee acco~Jng to schedule. b. Plot pl~ show~g location of lot and of build,ss on premises, rehtionshJp to adjo~ing pre~is~s o~ pubic streets or ~eas, and giv~g a det~Jed description of layout o[ property must be drawn on the diasmm whJc~ ~ pa~ of t~s appH- ~ c. ~e work covered by t~s apphcafion may not be commenced before Jssuanc ' ' · A' d. Upon approvaJ of this applicafio,, the ~uiidin- [ ..... +.. -.,,: ......... e o~ Budding Pe~t.. m~ be kept on the premises available for ~spection throuohout tho ~.~ g , ~!9. !he app~c~t., Such pc~it e. No buQd~g shall be occupied or ' - ' " · ~all have been grated by the Baild~g Inspector. used m whole ur in p~t for any purpose whatever until a Ce~ific~te of Occup~cy ~PLICATION IS HEREBY MADE to ~e Bu~d~g Depmment for the issuance of a B~lding Pemit pumu~t to the Building Zone Ordnance of the Town of Southold, Suffolk County, New York, ~d other applicable ~ws, Ord~ces or Regulations, for the construction of bufld~gs, additions or alterations, or for removal or demolition, as here~ deschbed. The applicant agrees to comply with all app~cable Jaws ordinances, budd~g code, hous~g code, and reeulations, and to admit authorized inspectom on premises and in bulldog t'~r necessa~ inspections. ~ - &k:0;?"'(si=. ;;~ .... ;~;- ~;) .... applicant, am'~ ~ ~o ra State whether applicant is owner, lessee, agent, ~chitect, engineer, general contractor, electrician, plumber or builder· ................................. ..... Nme of owner of premises ~.~..~)..~~:... ~ ¢~ o. a~ ~x to, or,~ ~ ............. ~' ......... If applicant is a cO~0ration, signature of duly authorized officer. (Name and title of corporate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY Builder's License No ....... ./~/../,/.~. ~... Plumberts License No. ' Electrician's License No. Other Trade's License No. 1. I~°cation of land on which proposed work will be done. /.~..~..? .... · ' ff. . House Number S;r;;; ...... ' 'fi&,~'l;i .......... : ............. County Tax Map No. 1000 Se~'tion .... ............... ............... (Name) .............. 2. State existing use and occupancy of premises and in tended use and occupancy of proposed construction: a. Existing use and occupancy .... . ........ ............... ....... b. Intended use and occupancy ......................... ~ .................................... 3. Nature of work (check which applica~le): New Building ..... ' ..... Addition .......... Alteration '. :. '. .............. Removal .............. Demolition .............. Other Work i~c/~..~./~-~ Repair (De~[,aSplion) 4. Estimated Cost ...... ? ~ Fee. (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ............... If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ..:..; ......... Number of Stories ................. ~ .......................... Dimensions ofsa.me structure with alterations or additions~,Fann~ .~.. Rear ............. Depthim ...................... Height ........ 5' ...... ...... Number of Stories 8. Di ensions ~.[,e, atire~.allkonstruction: Front / ,~..~ (~ / Rear Depth .. rte~gnr ............... Numoer ot Stones ..... · .... 12. Does p~oposed coustruction violat~ any zoning law, orflm&4ce or reguiaiion: ...... ~.~ ................. 13. Will lot be regraded ............................ Xgll excess fill be removed from premises: ~ No 14. Nmne of Owner of premises .................... Add;ess ................... Phone No ................ N~e of Architect ..... Address ~ ~h~e ~ N~e of Contractor ft ~fi~0 S ~C Ad'~ess 0 15. ~S thzs property lo~ted within 300 feet of a tidal ~fi~fi .... No~ · If yes, Southold To~ T~stees Pe~it maybe required. PLOT DIAG~M Locate cle~ly ~d distMctly ~1 bulldogs, whether existing or proposed, and indicate ~1 set-back d~ensions from prope~ Hnes. Give street ~d block number or desc~ption accordMg to deed, ~d show street n~es ~d Mdicate wh~her interior or comer lot. , / c o "IMMEDIATELY" 'OSE .o0[ To coo. UPON COMPLETION BEFOR~/ATER" STATE OF NEW YORK, S.S COUNTY OF ................. ~s the 4 ~NAt CO~sT~C~ ~ ' ....................................................... ' ~' ~:DM~5 ~ C,O.., ......... ' (Contractor, agent, corporate · · ~ ~'~"' ' N Y a 1' a i ' ' ~'~ pp ,C ton; that all statements contained m thru apphcat,on are true to the b~~~:~d that the work will be perfo~ed in the m~ner set forth in the application filed therewi~~ N -~ ' .---~. ~R~. Sworn to before me this ............ oC .... ......... , o.(W ................ Nota~ Public, TOWN OF SOUTHOLD, NEW YORK '~l~Jl~J~ ~l~lON OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. ,~ ~ ~e) ..~.:...../~ ............................. ~ ................................................................................................. ~me of Appelle~ Street 9~ Numar .......... ~.z.~.....~.~'.~ .................................. z~. ........... ~ ~ ~o Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPL,CAT,ON FOR PERM,T NO ...... ...... DATED ...... ........................ WHEREBY THE BUILDING INSPECTOR DENIED TO . pplicant for Street and Number Municipality State ( ) PERMIT TO USE ( ~ PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY .... ~. .............. .~...'~.. ........'~.~.~..?~.. ..... Street /Hamlet / Use District on Zoning Mop District 1000 SectionS~ Block2 Lot/?~ _ ~,' .................................................................................. ~.urren~ Owner Mop No./~,da Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article S~ction, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) IArti cle Secti on 3, T.)~PE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ~/f A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town LOw Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~,~t(bas 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 ...................................................................... REASON FOR APPEAL i,~A Variance to Section 280A Subsection 3 Variance to the Zoning Ordinance ) requested for the reason that form ~.I~1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would ~roduce practical¢~f~ct~i~ ~r bn~es- sory HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because (_] ,/~ /./~ /,~.,~ ~.~,'?le~ ;~. n~>,.~/~ I. CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE COUNT,' o~:/xl ss .............. .>, .............. ~;~ ......... :,' ......................... Sworn ,o this ................ /...~...~.1 ............... day of ............... ,z~x~.~.~',/~. ............... 19 ~F ELIZABETH ANN NEVILLE Notary Public, State of New York No 52-8125850, Suffolk Cou, Aty~ Term Expires October 31, 19 ~'~') ~~,' Y"'~27 '~7'~TOWN OF SOUTHOLD PROPERTY~ RES.~,,'~' lA LAND NORMAL Ac re STREET :~ TOTAL VILLAGE W MISC. Mkt. Value FARM .~ ~/~ COMM. CB DATE. REMARKS ~-~ ~!~, ..-'~/'~- //'~' BELOW ABOVE Value Per Value Acre DIST.J~.~., ~:. SUB. t,,''/ LOTx~,/~'/.7 ACR._ J TYPE OF BUILDING Tillable .Tillable >-3 ~~.~, FRONTAGE ON WATER FRONTAGE ON ROAD COLOR TRIM M. Bldg. Extension Extension Extension Porch Breezeway Foundation Basement Ext. Walls Fire PEace Type Roof Recreation Room Driveway Bath. Floors Interior Finish Heat Rooms Jst Floor Rooms 2nd Floor Dinette K. LR. DR. BR. FIN. B. Garage Patio Total ~ ........ SUPIr CO. HI'ALI"~T. APPROVAL OWN~ : ~ ' -- ~ .,_ . . ~gt, ~a~e~ - .a~er no~ ~ ~ ua~ ~or. '-- .... ~ [ ~ ~ t = ~ ~d~ ~ths of age. . . . , ~' ,, .:.,~ ~.,~ .... .__~_.~-- ,. , ~ ~ ! ~ ~ . .~ ' - ' j~ '~, . 0 ,.. /. ', . -',~ ~ ~J ~ . ~ F:i ,~ . ' N ~' :~ ~ -~ :~' '~ ~'~ ~ ' ?:' '- ' ~ ~ . ~ ~ ~ . '~ ' - :~e~,~ A'Tr~: ' ~ ~ : ! · ' '~-~-~ .... ~ ~ ' ~ -~ ~." ..N .... ~ r. ~ ~0' - ~ ~ ~ ~ ~vA[mT~c°P~' ' ---z~ ,~7~ ,~/ ~o~mcK VAN ~Y~ ~. c. , SU FF'. CO. D~JI~' OF HF-..ALTH ~,II. RVlCES ~TAT£MENT O~' INI"~NT .......... ~, DATE: , DISPOgAL ~y~ ~R THIg R;SI. ~U~ t DENCE WILL C~FORM TO t m I ~,CA~ APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals N'IAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 April 20, 1989 Mr. and Mrs. Wayne L. Mazzaferro P.O. Box 238 East Marion, NY 11939 Re: Appl. No. 3837 (Variance) Dear Wayne and Theresa: Transmitted herewith for your records is a copy of the Board's determination recently rendered in the above matter. Please be sure to return to the Building Department for appropriate final approval(s) and/or Certificate of Occupancy. Yours very truly, GERARD P. GOEHRINGER CHA~IRMAN ~in~a Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors pa~ o~Couoty Tax Map parcel No, 1000-37-2-5. f7:55 p.m. Appl. No, 3837 MAZZAFERRO. Variance to the Zoning Ordinance. Article XXIV, ~ c'fi. 100-~OA.3 for pe~nls,i, f~ imuffidem rea~/ard se~z~ t~ched by a ~ised deck to the rear of the exlsting dwell/ag, Lo~ ar~a of p~nUse~ i~ ne~confonning et 10,000 sq. fL in this R-40 Zone District. L~.ation of Property: 1650 Gillette Drive, East Marion. NY; Map of 'Marion Manor, L~ #17; County Tax ~ Ma, p parodi Ne. 1000-38-2-17. p~vin~sly zoned C-Light Industrial Indusu~l, A~cin )CIV. S~cti~ 100- 141, to include est~bllshment of caf'~ ~ with ~ide ~lorage and futur~ in lot ~.a. fe~e ~ wi~ an insufficient Coonty Tax Map Parcel No. 1000- 8:15 p.m. AppL No. 3819 -- RUTHANN BARTRA. Variance to the Zoning Ordinance, A~cin HI, Se~ion 100-:32, fo~ approval of lot (or Lmhen) Road, Hamint of M~ui. R-80 Z~e Dis~i~ NOTICE OF HEARINGS NOTICE IS HEREBy GIVEN. p~rtuant to So.inn 267 of the Town Law and the Code of ~e Town of ~ the foaowing hearings will !~O~1~1 by the SOUTHOLD TOWN ARD OF APPEALS at · Regular Meeting. et the Soothold Town Hall. M~n Road. S~cld, Ny 11971, ~m THURSDAY. APRIL 13. 1989, at ?:35 p~m. Appl. No. 3832 ~" JOHN FORSBERG. Variance to the Z~ming Ozdinance, A~cle XXI¥. Set.x: 100-242 (and Article I]LA, Sec~on 10~-30A.3) for pemzl.ion to c~stn:cs deck(s) to existin~ dn~le. family dwelling structure, mtlnt~in. lng the nonc~zformmg sideyard set. beelt ns e.~asts at the westerly side.. mg ~z approxima~ly 11,500 sq. ft. in this R-40 Zone Disuict. Location of Property: 1310 West Road. Cutchogue, NY; County Tax Map No. 1000-110-5-12. 7:40 p-m. Appl. No. 3839 -- DI- ANE DUNBAR. Variance to t~e 100-31 ~ di~..,.ved. Aztinle HI-A. SecUre 1~0-30A.3 and Article XX1V~ Z~ing Ordnance, Article III-A, Sec.. . tion 100-30A.3 far approval of fear percels with insufficient lot area in this pending subdivision located along Semen 1(~0-242B fei' permission to the east ~de of Li.te Neck Road, the _ Pmpe~y: 61S Dogwood Lane. East 8:30 p.m. Appl. No. 3813 -- C~my Tax Map No. 1000-37.1-1L Sharing TruxL Variances requested to TEE DF~ANCTI$. Variance to the fo .nnin{ al appmx~netely 26,964 sq. Aldrich Lane Extension), ealendin8 ~ m this R-40 Z~ne DbthCL Loca. off the north ~ide of So~nd Avenue. tion of pmFeny: 380 Inlet Lane. D~trict I000. Sec~on 112, Block 1, O~per~ NY; Coooty Tax Map No, ,j.:~o p.m. AppL No. 3836 -- 4. 1985. sion to ~onslmct (garage) addition Written c~ments may also be sub- ~y side p~pe~y tine md imuf- subjeot hea~ng. Eac~ hearing will not ~ent ~ ndeynrds, l~t area of - ",',s{ sq. ft. in Otis R. · ''~ S~e I.~ga{e, rmxt pao~ STATE OF NEW ~ }SS: COUNTY OF SUFFOLK} Maribeth Powers of Mattltuek, In said County, being duly sworn, says that he/sim ts Principal Clerk of THE SUFFOLK TIMES, a Weekly/ Newspaper, published at Mattituck, 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 ~ day of ~pr~ ] 1%9 Continued from previous, page tional time for your pucsentafion ~ be avaibble, ff 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 CHAH~vIAN 62~1-1TA6 ' l~y Lind~ Kowsisk~i~ Principal Clerk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAtRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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, GERARD P. GOEHRINGER CHAIRMAN 76S-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATION ZST ~I ] ROUGH PLBG. [ ] FOUNDATION 1ND [ ] INSULATION [ ] FRAMING : FINAL/(j~ REMARKS: /--~: lrOUir BO. Il TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTNOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N-a J6728 Z Permission is hereby granted to: '25~,.'"-7':: ............. )' ............................................. ...z(.~,..,.~...~. ~.~7' · ' .-z ' ' ....... -' ........ o, ,~m se, ,~o,ed o, ../...4 ~ -,,- ~J-~,,~ ..................................... "': ................ ...... ~ :~ ~"'."3'~ ........ 7'5, ............... ~"/"~ ......... '~"'"':'"'~""': ........ ';; ............................................. · ,....~..7.~......~....~...~......: ~ ............................. .... c~ Tox Mo~ No lo00 S,cton ~'-~ ~, , ~- - .' "t'~' '. · · ...................... mock ...................... Lot No .................. Pumuont to opplication doted .......... ..~../...?~..../.. .......................... i ,~..0~..'..~., and °pp~ved by the..., . ........ Building Inspector. Fee ........ Electrician's License No. ,..,. - Other Trade's License No. NOTICE OF HEARINGS : NOTdCE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, thc following hearings mill 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-- $OHN FORSBERG. Variance to the Zoning Ordinance, Arti- cle XXIV, Section 100-242 (and Article III-A, Section 100- ~0A.3) for permission to con- ~.~truct deck(s) to existin~g single- family dwelling structure, main- 7 raining the nonconforming side-' yard setb4Ck as exists at the westerly s,~te. Lot area of pre- raises is nonconforming at ap- proximately 11,500 sq. ft. in this R-40 Zone District. Location of Property:S1310 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 I11. Section 100-31 as disap- proved, Article III-A, Section 100-30A.3 and Article XXIV, Section 100-242B for permission to cons;tract 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. I000-37-1-11. 7:45 p.m. Appl. No. 3833-~: 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 m 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- perry: 380 Inlet Lane, Green- port, NY; County Tax Map No. 1000-43-5-Z 7:50 p.m. Appl. No. 3836-- ANNA SCHALLER. Variance to the Zoning Ordinance, Arti- cle III, Section 1~0-31 as disap- proved, 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 proper- ty line and insufficient total .sideyards. Lot area off premises is nonconforming at approxi- mately 11,718 sq. ft. in this R-40 Zone District. Location of Pro- petty: lis Parsons' Boulevard, (Private Road), East Marion, NY; Map of Gardincrs 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 Zonlng~Ordinance, Article XXIV, Section 100-244 and Ar- Lticle III-A, Section 100-30A.3 for permission for approval of II'existing swimmitig pool with /deck areas which will have an in- ~sufficient rearyard setback when attached by a raised deck to thc rear of the existing dwelling. Lot area of premises if 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- ~ 2'187:~0 : 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 XIV, Section I00-141, to include establishment ~,qJf~;~'~ ,,r~l~.aira ..~ith, 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. 8:0.5 p.m. App[. No. 3834-- FRANK CURRAN. Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3, and Article XXIV, 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. 1000-111-01- 016. Lot is nonconforming with a lot area of 19,080 sq. ft. in th/s R-40 Zone District. 8:15 p.m. Appl. No. 3819--' RUTHANN BARTRA. Variance to the Zoning Or- : dinance, Article III, 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 located 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 in- 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 HILLS as Trustee _ for Bartemma 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-go. Location of Pro- perty: Private Right-of-Way re- ferred 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 of the above matters. Written eom- - ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. 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 ': - ~,,, -' IX. 4/6/gq f.lllt 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. SAWICKI JAMES DINIZIO, JR. April 13, 1989 ,S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significanc~ APPEAL NO.: 3837 PROJECT NAM_E: WAYNE AND TERESA MAZZAFERRO 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:Approva.l-of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of existing dwellin~ LOCATION OF PROJECT: Town of gouthold, County of. Suffolk, more particularly knQwn as: 1650 Gillette Drive,.East Marion NY 1000-38-2-17 ' 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) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA. (3) EXEMPT - Involves no substantial physical change to existing building or premises. FOR FURTHER 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. JUDITH T. TERRY TOWN CLERK To' From: Dated: Transmitted herewith is Zoning Appeal No. Wayne L. Mazzafero OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk March 14, 1989 3837 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 617.21 & Appendix C=~ State Environmental Qualily Review SHORT ENVIRONMENTAL ASSESSI~IENT FORM For UNLISTED ACTIONS Only PART I--.__~PROJECT INFORMATION (To be comDfeted by Applicant or Project sponsor) ~ New ~ Exoanslon ~ Modification/alteration ~~res Ultimalelv ~ acres 8 WII,L PR N MP ~ ~ = ~ ' CO LY WITH ~IST~NG ZONING OR OTHER ~ISTING ~NO 8~~;~N ~ bdeHy USE RESTRICTIONS? SEQR g. W AT I RESENT LAND USE JN VICINITy OF PRO'~ECT~ [] Pa.'k/ForesUOpen SDace [] Other DOES ACTI iNVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY ~ .- FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAI~ [-~es J~ No I! yes, list agency(s) and permit/approvals ' ! !. D~yOes ANY ASPECT CF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r~t~o i.~ yes, llst a§ency name and perm~Ilapproval pR~Ex'~STi-'~'~pERMIT/APPROVAL REOUIRE MOOIFICATION? CERTIFY THAT THE iNFORMATiON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ,ne~d you are a state a~3encv. ~oastal ~ssessmen, Form before proceeding .......... with this asses' ~ ~'~Y, c~CPe,netle the OVER 1 (Continued on reverse side) The N.y.$. Environmental Quality Review Act reau~res Of this form, and an environmental review will be made ~y Submission before any action is taken, th~s ~oar~ ~HOR~NVIRONMENTAq ASSESSMENT FO~ INSTRUcTIoNs (a) f~order to answer the questions in this short ElF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research Or Other investigations will b~ undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) En~vironmental Assesmmene 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unicue or unusual land form on the site2 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large, impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered~il ~ plant or animal species? 7. Will project result in a major adverse effect on~Yes air quality? B. Will proj$ct have a major effect on visual char-~Yes acter of the community or scenic views or vistas known to be important to the community? 9. Will project adversely impact any site or struct- ure of historic, pre-histOric, or paleontologica4' importance or any site designated as~a critical envircnmental area by a local agency. ____Yes 10. Will project have a major effect on existinq or future recreational opportunities? Yes Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, ~ noise, glare, vibratlon, or electrical disturb- ance as a result of the project's operation? Yes 13. Will project have any impact on public health ~ or safety? 14. Will project affect the existing community by -- Yes directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes period or have a ma)or negative effect on the charact~ of the community or nezghDorhood? Is there public controversy concerning the pro]ect? 15. Z'aA '~/?S Yes No QUE=-IOJN~IRE TO 3E CO:.IPLETED AND SUB,'I[TTED ,~P~ L£~.,F~ON L"O[CiS '['O THE 5~b\RD ~JL" ~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 chang~ or alter land contours? 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, cpncrete barriers, decks, etc? Se If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: ~) ~,~,_ [~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cqnt~act) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have · you made application to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the To~r, Code? 13. Please list present use or operations conducted upon subject property at this time and proposed Please submit photograpus ~or the record. the YeS o Yes Yes ~ Yes ~ Yes ~ Yes ~ Yes ~ Yes No Yes Yes Yes Yes Yes Yes Yes Yes 6 I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. /88 ~VETLANDS [Amended H-'_'~-7~; I,y L.L. No. Z-l.~)TS: 85 I)y L.L. No. G.lg,~51: A. TIDAL WETLANDS: (1) All land~ generally cov.r*.d or intermittcntl~ ('ov- ered with, or w deb bord.r on. thi;d water:~, or lands lyin~ beneath tidal waters, which at mean ~ow tide . are covered hy tidal waters to a maximum depth five (5) feet. including hut not limited to bank~. bogs. salt marsh, swamps, meadow~, flat~ ~r other low lying lands subject to tidal action: (2) All banks, bogs, mead.wa, flats nnd tidal marsh subject ~ such tides and u~on which grows or may grow some or any of the following: salt hay, black grass, saltwora, sea lavender, tall eord~r:tss, high bush. cattails, grotmdsel, marshmallow and march cordgrass; and/or (3) All land immediately adjacent t~ 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 tklal wetland. FRESIIWATER WETLANDS: (1) 'Freshwaar wetlands" as defined in Article 2.1. Ti- tle 1, t ~4-0107, Subdivisions l(a) ~ l(d) inelusive. of the Environmental Conservation Law of the Staa of New York: and Ail land immediately adiacent ~ a "freshw;tter wet- land," as defined in Subsection Bi 1) and l)'in~ with- in seventy-five (75) feet landward of the most land. ward edge of a "fi'eshwater wetland." 9705 NO. & TO~FN OF SOUTHOLD BUII.r~ING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No...Z91~9 .... Date .......... A~gus~- 9-, ........ , 1978. · THIS CERTIFIES that the building located at . ~650. Gille~te. D=ive .... Map No... 2.Q38 ..... Block No .... XXXXX.Lot No... 17 ............................ conforms substantially to the Application for Building Permit heretofore filed in this office dated .... F. ebruar¥..9, .... , 19.78. pursuant to which Building Permit No. g.631z.. dated .... .14~rch .14, ........ , 19.7{{., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .~V. ATK .O~. ~IL~ .DWELLING ...................................... The certificate is issued to . .WAYI{E.. L....I~IAZZAFERRO .............................. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval Auguat .8 ,. 1978.-.8-.$0.-12/- ...... / UNDERWRITERS CERTIFICATE No ........... J ....................... / ......... -_.H.O..U~ .Nl~ew.M~.yoE~= ~c:....~ ~ ~............... ~t.::e~. ::..:~~~~..~....t~e. D=£ve.,. Budding Inspector "PRIVATE WELL WITH HIGH NITRATES - SEE HEALTH DEPARTMENT NOTE ON FINAL suRVEY." Llbec ~23 ~/~ Southold Town Board o£Appeals MAIN ROAD- STATE ROAD ~'5 SOUTHOLD, L.I., N.Y. 11c~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3370 Application Dated May ]4, ]985 (Public Hearing August 8, ]985) TO: Mr. Robert N. Kenney [Appellant(s)] 2320 Gillette Drive P.O. Box 392 East Marion, NY 11939 At a Meeting of the Zoning Board of Appeals held on AuDust 8, ]985 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under th~ ,Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III, Section ]00-3], Bulk Schedule [ ] Request for Application for ROBERT N. KENNEY for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for permission to construct deck addition to dwelling with an insufficient rearyard setback at premises identified as 2320 Gille-tte Drive, East Marion, NY; Marion Manor Subdivision, Filed Map 2038, Lot ll; County Tax Map Parcel No. 1000-38-02-024. WHEREAS, a public hearing was held and concluded on July 18, 1985, in the Matter of the Application of ROBERT N. KENNEY; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter, and it is noted for the record that there has been no opposition entered concerning this appeal application; and WHEREAS, the board members are personally familiar with the premises in question and the surrounding properties; and WHEREAS, the board made the following findings of fact: 1. This is an application for an area variance for permission to place a proposed lO' by 20' deck addition at the rear (westerly) of the existing dwelling, with an insufficient setback at 26½ feet. 2. The parcel in question is known and identified as Lot ll, Marion Manor Filed Subdivision Map 2038, located on the west side of Gillette Drive, East Marion; County Tax Map District 1000, Section 38, Block 02, Lot 024. 3. The subject premises is presently improved with a single- family frame house with setbacks from the front property line at 35 feet and from the rear property line at 36½ feet. The parcel fronts along Gillette Drive 105 feet and has a depth of 100 feet. 4. It is the opinion of the board that the ten-foot deck (CONTINUED ON PAGE TWO) DATED: August Form ZB4 (rev. 9, 1985. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3370 Matter of ROBERT N KENNEY Decision Rendered August 8, 1985 addition as applied is not unreasonable considering the substandard size of this parcel, the feasible placement of the dwelling, and the limited building area for the principal building. In considering this appeal, the board determines that the relief be approved as requested for the reasons stated above and (1) the deck addition will not substantially alter the character of the district; 12) the deck will not be adverse to adjoining properties: 3) the variance will not cause a substantial effect of increased population density; (4) in view of the substandard size of this parcel and conforming setbacks of the dwelling as exists, the difficulty cannot be obviated by some method feasible to appellant to pursue other than a variance; (5) the relief requested is not substantial in rela- tion to the zoning requirements; (6) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance, as noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3370 in the Matter of the Application of ROBERT N. KENNEY to con- struct a 10' by 20' deck addition with a setback from the rear property line at 26½ feet as requested and SUBJECT TO THE FOLLOW- ING CONDITIONS: 1. That the deck remain open, not to be enclosed for additional livable area; 2. That there be no lighting that would be adverse to neighboring properties; 3. That the setback not be reduced to less than the requested 26½ feet from the rear property line. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk GERARD P. GOEHR~'NGER, C~IRMA~ August 9, 1985 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3646 Application Dated July 9, ]987 Mr. and Mrs. KoDer~ Muir 14 Robin Road Dix Hills, NY 11746 At a Meeting of the Zoning Board of Appeals held on September ]0, ]987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ~ Request for Variance to the Zoning Ordinance Article III, Section ]00-3] [ ] Request for Application of ROBERT AND NANCY MUIR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct additions to dwelling with an insufficient rearyard setback and insufficient frontyard setback. Location of Property: Corner of Gillette Drive and Cleaves Point Road, East Marion, NY; County Tax Map Parcel No. 1000-38-2-29. WHEREAS, a public 1987 in the Matter of under Appeal No. 3646; hearing was held and concluded on August the Application of ROBERT AND NANCY MUIR and 20, 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 findigns of fact: 1. The premises in question is a corner parcel located at the northerly side of Cleaves Point Road and westerly side of Gillette Drive, Marion Manor Lot #6, at East Marion, con- taining a total lot area of approximately 10,500 sq. ft. 2. The subject premises is improved with an existing single-family, one-story dwelling with deck area, with setbacks of 35 feet from both front property lines, 40± feet from the westerly (rear) property line, and 18 feet from the northerly (side) property line. 3. By this application, appellant requests permission to construct additions to expand the liveable floor area and deck as more particularly shown on sketched plot plan under con- sideration, with setbacks at 17 feet for the proposed deck and 20 feet for the proposed addition from the westerly property line. The setback from the front property line along Cleaves Point Road would be reduced from 35 feet to 32 feet. DATED: September lO, Form ZB4 (rev. 12/81) 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appl. No. 3646 Matter of MR. AND MRS. ROBERT MUIR Decision Rendered September 10, 1987 4. It is the opinion of this Board that the circumstances of this property due to its nonconforming size, dual front yards, limited building area, le~d to the difficulties. 5. It is also the opinion of this Board that: (a) appellants' request is not unreasonable under the circumstances; (b) precedents have been set in the immediate area for similar construction and setbacks; safety, town; (c) the variance will not in turn be adverse to the health, welfare, comfort, convenience, or order of the (d) the relief requested is not substantial in relation to the requirements; (e) there is no other method feasible for appellant to pursue other than a variance; (f) there will be no detriment to adjoining properties; (g) in view of all the above factors, the interests justice will be served by granting the variances, as applied as noted below. of Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3646 in the Matter of the Application of MR. AND MRS. ROBERT MUIR for the construction of additions to dwelling with insufficient setbacks at 17 feet for the deck area and at 20 feet for the dwelling addition (liveable floor area) from the westerly (rear) property lines as shown on sketched plot plan submitted with this application, AND SUBJECT TO THE FOLLOWING CONDITIONS: l. That the deck area remain open and unroofed (as proposed); 2. That the setbacks not be further reduced without prior approval by this Board. Vote of the Board: Ayes: Douglass and Sawicki. (Member resolution was duly adopted. Messrs. Goehringer, Doyen, Grigonis was absent.) This lk ~RD P. GOEHR~INGER, C~AIRMAN September 17, 1987 Southold Town Board of Appeals -29- November 18, 1982 Regular Meetin~ RESERVED DECISION: Appeal No. 3052. Application of J & M REUTER CONSTRUCTION CORP., 9075 Main Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard setbac~i~ ~ ~5~llette Drive, East Marion, NY; County Tax Map Parcel ~ 1000-38-3-17.~ The public hearing on this application was held earlier this evening, at which time the hearing was declared closed, pending deliberations. The board made the following findings and determination: By this application, appellant seeks permission to locate a proposed new one-family dwelling 35' from Gillette Drive and 25' from the easterly rearyard property line. The lot in question has an average depth of 87.21 feet and frontage along Gillette Drive of 120 feet. The zoning code requires setbacks in the frontyard of 50' or the established, and in rear- yard a minimum of 50' Due to the short depth of this parcel, it is impossible for a new home to be constructed meeting the minimum required setbacks. The house proposed will have an area of approximately 1,026 square feet, and the board feels the relief requested is appropriate and reasonable. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance. On motion by Mr. Douglass, seconded by Mr. Doyen, it was, RESOLVED, that Appeal No. 3052, application of J & M REUTER CON- STRUCTION CORP. for permission to construct new dwelling with insuffi- cient front and rear yard setbacks, be and hereby IS APPROVED AS APPLIED. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. Southold Town Board of Appeals -28- November 18, 1982 Regular Meeti~ RESERVED DECISION: Appeal No. 3053. ~, Application of J & M REUTER CONSTRUCTION CORP., 9075 Main Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard setba~~llette Drive, East Marion, NY; County Tax Map Parcel N~..1000-38-3-18,~ The public hearing on this matter was held earlier this evening, at which time the hearing was declared closed, pending deliberations. The board made the following findings and determination: By this application, appellant seeks permission to locate a proposed new one-family dwelling 35' from Gillette Drive and 25' from the rearyard property line. The lot in question has an average depth of 88.70 feet and frontage along Gillette Drive of 115 feet. The zoning code requires setbacks in the frontyard of 50' or the established, and in the rearyard a minimum of 50' Due to the short depth of this parcel, it is impossible for a new home to be constructed meeting the minimum required setbacks. The house proposed with attached garage will have an area of approximately 1,400 square feet, and~the board feels the relief requested is appropriate and reasonable. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances are unique; that by allowing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in consideration of all the above factors, the interest of justice will be served by allowing the variance. On motion by Mr. Douglass, seconded by Mr. Doyen, it was, RESOLVED, that Appeal No. 3053, application of J & M REUTER CON- STRUCTION CORP. for permission to construct new dwelling with insuffi- cient front and rear yard setbacks, be and hereby IS APPROVED AS APPLIED. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent.) This resolution was unanimously adopted. C Southold Town Board ~ -30- of Appeals October[21, 1982 Regular Meeting RESERVED DECISION: Appeal No. 3042. Upon application for ANDREW PAFITIS, by Inland Homes, Inc. as agent, 315 Westphalia Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient rearyard setback at 1800 Gillette D~ive East, East Marion, NY; bounded north by Manor Grove Corp.; west by J & M Reuter Cor~ sou~ero; east by Gillette Drive East; County Tax Map Parcel No. 100~ The public hearing on this application was held earlier this evening, at which time the hearing was declared closed, pending deliberations. The board made the following findings and determination: By this appeal, appellant seeks permission to construct a one-family dwelling with deck area leaving an insufficient rearyard setback from the rear property line at 22 feet. The parcel in question is vacant and con- tains an area of approximately 10,450 square feet, with frontage along Gillette Drive of 120.04 feet. This parcel is known as Lot #45 of major subdivision map entitled, "Map of Marion Manor" filed in the Suffolk County Clerk's Office on March 18, 1953 as Map No. 2038. In researching the history of this parcel and the parcels in the area, the board finds that on or about May 24, 1966, the Town Zoning Code gave "exceptions to certain subdivision lots," Section 1013, which included this parcel, permitted a reduction in the rearyard requirements to 20 feet. Subsequently, our zoning code has been amended and does not reflect exceptions from rearyard requirements, except by an application to this board. The board agrees with the reasoning of appellants and find the relief requested to be very reasonable and practical. The lot in ques- tion has an average depth of 87 feet and lends itself to the practical difficulties in this case. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3042, application for ANDREW PAFITIS for permission to construct a one-family dwelling with an insuffi- cient rearyard setback of not less than 22 feet, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: That the decks shown on the August 5, 1982 map submitted with this appeal application may never be enclosed or used as habitable living area. Location of Property: 1800 East Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-38-3-22. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APPEAL NO. 3002. Application by David E. Kapell as agent for ATHANASIOS SPINTHOURAKIS (BLUE DOLPHIN MOTEL) for a Special Exception to the Zoning Ordinance, for permission to construct accessory garage structure on premises located on the south side of Main Road, East Marion, NY; County Tax Map Parcel No. 1000-31-6-13 & 17. WHEREAS, on May 26, 1982, applicant submitted this application for a Special Exception to the Zoning Ordinance for permission to construct HD R~40 R-80 .~ $OUTHOLD~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold : NOTICE TO ADJACENT PROPERTY OWNER L YOU ARE HEREBY GIVEN NOTICE: 1. Th~..i4-~/~ intention of the undersigned to petition the Board of Appeals of the Town of 5outhold to reques!~(Varian~e~(Special Exception)(Special Permit) (Other) [circle choice] ). L~. That the property which is the subject of the Pet_~ition is located adjacent to your, propert~ and is des- cribed as follo?T.~.s: ~0r~ ,~L. UU 'C'[~ ~qr'-~/' A-C ~e~ ~<~ 3. That the property which is the subject of such Petition is located in the following z~ning district: 4 ~b~,',, ,u[hP 'ifion [heunde[si~n~d willre uest the folloun[relief' $. That the provisi~e Southold Town Zoning Code applicable to the relief sought by the under- signed are Article '~L~Jy~ Sect/on //7/; ---~..~ (F' 9/ .~-,-~ 777- ~ [ ] SecUon ork Town 'aw%J bprova acce; 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhoid Town Clerk's Office at Main Road, 5outhold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the 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: [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAI~ING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 014 827 391 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Return Rece,pt showmn9 Date an~Addres~f ~m,very TO~L Po~ ~nd Fees P~stm~k o~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: ' ~ T ¢~/~ ~ //~ ~ ~ , being duly sworn, deposes and says that on the /¢/~ day of ~ ~ ,19 ~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the a~ove-named persons at the addresses set opposite thor 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 ~f ~ ~ ~ //f~ ;that said Notices were mailed to each of said persons by (certified) {registerfd) mail. Sworn to before me this / ~- ~ Notary Public ELIZ," ~ E~H Notary TNeO. 52-8125850, Suffolk Coulttv. rm EXpires October 31, 19 ,~'/~ (This side does not have to be completed on form transmitted to adjoining property owners.)