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Southold Town Board of Appeals
MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, /.I., N.Y. 11971
TELEPHONE (516) 765-1809
{=AX No. (516) 765-1823
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .IR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZI0, JR.
ACTION OF THE BOARD OF APPEALS
Appeal No. 3842:
Application of CRESCENT BEACH CONDOMINIUMS. Variance to
the Zoning Ordinance, Article XXVIII, Section 100-271 (D), for
permission to enclose decks or patios of units with glass
windows with insufficient setback. Property Location: End of
Maple Lane, East Marion in this Resort/Residential (RR) Zone
District, County Map No. 1000, Section 38.01, Block 7, Lot 21
units.
WHEREAS, a public hearing was held and concluded on
September 21, 1989 in the matter of the Application of CRESCENT
BEACH CONDOS. Under Appeal No. 3842; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the south of
Route 25, Town of East Marion and is identified on the Suffolk
county Tax Maps as District 1000, Section 38.01, Block 7, Lot 21
units.
2. This is an application for Variances from the Zoning
code Article XXVIII, Section 100-271 (D), for permission to
enclose decks or patios with glass windows with insufficient
setbacks.
Page 2 - Appl. No. 3842
Matter of CRESCENT BEACH CONDOS.
Decision rendered October 12, 1989
RECEIVED AND FILED BY
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3. Article XXVIII, Section 100-271 (D), in addition to
such powers as may be conferred upon it by law, the Board of
Appeals shall have the following powers:
D. Interpretations: on appeal from order, decision or
determination of an administrative officer or on request of any
town officer, board or agency, to decide any of the following:
(1) Determine the meaning of any provision in this chapter
or of any condition or requirement specified or made under the
provisions of this chapter.
(2) Determine the exact location of any district bo,lndary
shown on the Zoning Map.
4. In considering this application, the Board finds and
determines;
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(c) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied.
Accordingly, on motion by Mr. Dinizio, Seconded by Mr.
Grigonis, it was
RESOLVED, to GRANT a Variance in the matter of the
application of CRESCENT BEACH CONDOS as applied under Appeal No.
3842 for the enclosure of existing decks or patios with glass
windows.
Vote of the board: Ayes: Messrs. Goehringer, Grigonis,
Dinizio. (Absent Serge Doyen, Fishers Island and Joseph
Sawicki). This resolution was duly adopted.
dff
GEREARD P. GOEHRINGER, t~HAIRMAN
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 $OUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516) 765-1823
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following hearings
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular
Meeting, at the Southold Town Hall, Main Road, $outhold, NY
11971, on THURSDAY, SEPTEMBER 21, 1989, at the following times:
7:30 p.m. Appl. No. 3861 - SOUTHOLD FREE LIBRARY. Variance
to the Zoning Ordinance, Article IX, Section 100-102, as
Disapproved, (nonconforming Bulk area and parking requirements
of the Hamlet Business District) Proposed construction will
have insufficient total side yard setbacks. Property Location:
53705 Main Road, Southold; County Tax Map No. 1000, Section 61,
Block 1, Lot 14.
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
7:35 p.m. Appl. No. 3859 - EMANUEL PIPERAKIS AND DIMITRIOS
AGRIROPOULOUS. Variance to the Zoning Ordinance, Article XXIII,
Section 100-239d (A) (1), as disapproved, for permission to
construct and inground pool with deck and fence, within 100 feet
from Sound in this R-40 Zone District. Property Location: 3410
North Sea Drive, Orient; County Tax Map No. 1000, Section 15,
Block 1, Lot 3.
7:40 p.m. Appl. No. 3798 - ELIZABETH McCANCE. Variance to
the Zoning Ordinance, Article I, Section 106-20 (Article III
Section 100-31 as Disapproved) for approval of insufficient area
in this pending division of land.of property, (R-80 Zone
District. ) Property Location: Mansion House Drive, Fishers
Island; County Tax Map District 1000, Section 06, Block 05, Lot
3-5.1.
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
7:45 p.m. Appl. No. 3863 - NICHOLAS TSIRKAS. Variance to
the Zoning Ordinance, Article XXIV, Section 100-244, as
disapproved, for permission to construct a one family dwelling
with an insufficient 40' frontyard setback in this R-40 Zone
District. Property Location 2700 Sound Avenue, Greenport,
County Tax Map District 1000, Section 033, Block 01, Lot 11.
7:50 p.m. Appl. No. 3827 - EDWIN KINSCHERF. Variance to
the Zoning Ordinance, Article I, Section 106-20, (Article III,
Section 100-31, as disapproved), for approval of insufficient
areas in this pending subdivision (R-40 Zone District.)
Property Location: 350 Wood Lane, Greenport, Section 043,
Block 04, Lot 29-30-35.
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
7:55 p.m. Appl. No. 3864 - LOEPOLD STERN. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article
XXIV, Section 100-244, as disapproved), for permission to
construct a one family dwelling with an insufficient rearyard
setback, approximately 75 feet from the bulkhead in this R-40
Zone District. Property Location: 1390 Bayview Drive, East
Marion, County Tax Map District 1000, Section 37, Block 5,
Lot 22.
8:00 p.m. Appl. No. 3865 - CHARLES AND CAROL BURST.
Variance to the Zoning Ordinance, Article III A, Section
100-30 A.3, as disapproved, for permission to construct addition
with insufficient side and rearyard setbacks in this R-40 Zone
District. Property Location: 705 Windy Point Road, County Tax
Map District 1000, Section 87, Block 4, Lot 6.
Page 5 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
8:05 p.m. Appl. No. 3866 - HENRY AI{BEENY. Variance to the
Zoning Ordinance, Article VIII, Section 100-82, as disapproved,
for approval of insufficient area in this pending subdivision,
(Light Business Zoning District (LB), Property Location: Route
48, Kenny's Road, Southold, County Tax Map District 1000,
Section 059, Block 07, Lot 31.
8:10 p.m. Appl. No. 3849 - CIPITELLI BROS. REALTY.
Variance to the Zoning Ordinance, Article XXIII, Section
100-239d, A (1), as disapproved, for permission to construct a
one family dwelling with a insufficient setback and within 100
feet from Long Island Sound in this R-40 Zone District.
Location of Property: 90 Petty's Drive, Orient, County Tax Map
No. 1000, Section 14, Block 2, Lot 24.
P~ge 6 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
8:15 p.m. Appl. No. 3852 - RICHARD DiBLASI. Variance to
the Zoning Ordinance, Article III, Section 100-30A3, as
disapproved, for permission to construct open deck in front
yard, nonconforming with bulk area and parking regulations in
this R-40 Zone District. Property Location: 360 Bayview Drive,
East Marion, County Tax Map No. 1000, Section 037, Block 04,
Lot 01.
8:20 p.m. Appl. No. 3852 - ELLIOT PASKOFF. Variance to
the Zoning Ordinance, Article III A, Section 100-30A.3, (Article
XXIII, Section 100-231 (A), as disapproved) for permission to
construct an attached deck with insufficient side yard and
accessory fence (trellis) in front yard at the height of more
than required 4 feet. Lot area is nonconforming in this R-40
Zone District. Property Location 205 North Sea Drive, Southold,
NY, County Tax Map No. 1000, Section 54, Block 4, Lot 4.
Page 7 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21, 1989
8:25 p.m. Appl. No. 3854 - NANCY STEIN. Variance to the
Zoning Ordinance, Article III, Section 100-119.2. (Article I,
Section 97-12C, as disapproved) for permission to construct a
deck addition within 75 feet of water or wetlands. Zoning
District R-40. Property Location: 2535 Cedar Lane, East
Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10.
8:30 p.m. Appl. No. 3857 - MICHAEL TOFFALIS. Variance to
the Zoning Ordinance, Article XXIV, Section 100-244. As
disapproved, for permission to construct a deck addition,
insufficient rear yard setback for nonconforming lot in a R-40
Zone District. Property Location:
Mattituck, County Tax Map No. 1000,
Lot 028.
50 Captain Kidd Drive,
Section 106, Block 03,
?age 8 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
8:35 p.m. Appl. No. 3858 - BERNARD COSIMANO. Variance to
the Zoning Ordinance, Article XXIII, Section 100-239d, B.
(Article XXIV, Section 100-244, as disapproved) for permission
to construct a deck addition within 75 feet of bulkhead.
Construction has insufficient total side yard setbacks in this
R-40 Zone District. Property Location: Watersedge Way,
Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63.
8:40 p.m. Appl. No. 3542 - CLIFFSIDE (TIDE MARK). Variance
to the Zoning Ordinance, Article V, Section 100-50B Special
Exception, (Article XIII, as disapproved) for permission to
construct 76 Motel Units in this Resort/ Residential (RR) Zone
District. Property Location: 61475 County 48, Greenport,
County Tax Map No. 1000, Section 045, Block 01, Lot 01.
Page 9 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
8:45 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the
Zoning Ordinance, Article XII, Section 100-121C 122, (Section
100-239D, as disapproved) for permission to construct Boat
Storage Building with insufficient setbacks and excessive lot
coverage in this Marine II (M-II) Zoning District. Property
Location: Main Road, Southold, County tax Map No. 1000, Section
056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1.
8:50 p.m. Appl. No. 3842 - CRESCENT BEACH CONDOS. Variance/
~s~r~gf~d~mn~i~t~l~nc~o~,d~i~ ~l~fa~nits~
/
/~to be enclosed with glass windows with insufficient setbacks. ~
Property Location: End of Maple Lane, East Marion, in this ~
~_~/nR~ild~T~17(,~)otZ~eu~ict, CountyMapNo. 1000, ///
~age 10 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21, 1989
The Board of Appeals will at said time and place hear any
and all persons or representatives desiring to be heard in each
of the above matters. Written comments may also be submitted
prior to the conclusion of the subject hearing. Each hearing
your presentation will be available, if needed. For more
information, please call 765-1809.
Dated September 1, 1989.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Doreen Ferwerda
TOWN OF SOUTHOLD, NEW YORK
IN PE R
APPEAL FROM DECISION OF BUILDING S CTO
APR I. 2 1989
TO THE ZONING BOARD OF APPEALS, TOWN
DATE ..............................
Name of Appellant Street and Number
~,ast Marion, ?own of Southold New ¥.o.,rk HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of
Street and Number Municipality State
)PERMIT TO USE
) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY .~X~ q~ ~ap.~.D...~.n.~.,...~.~.s..~...~N.%.o.D.,....l.R...R.).., R~sort
Residential Street /Hamlet / Use District on Zoning Mop
District lO00 Section38.~l~O~k 7 Lot 21u~nt
........................................................ :. ....................... 0wDe~ ~t oF prnperty
Map No. Lot No. ~:f~c~c~,~l:f~ owners
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 xxvII Section 100-271 (D)
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(×) A VARIANCE to the Zoning Ordinance or Zoning Map (Amend 1973 condition on Condo-
m'o~naccessUim an~ .r~J.nd AD~I ~25 2_' 5
( ) A VARIANCE due to lock t3tat~'T~re-w-T'm'lCl'Owr/T-t~w-r~hop. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (~as) ','.,z~ :,~t) been made with respect to this decision
of the Buitding Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
(x) request for a variance
and was mode in Appeal No ..... .2..~..5..~. .................. Dated .......... ~.u...n..e.....1.~.~.....~..9..7...9. .............................
No. 1819 Decision dated August 9, 1973
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
x) A Variance to the Zoning Ordinance
)
,s requested for the reason that In 1979 appellants sought permission to construct
decks or patios with insufficient front and rear setbacks, the Variance
was granted on condition that the decks or patios would not be enclosed.
The appellants were advised that the appeal was not necessary therefor'e,
appellants enclosed with glass the decks or patios.
The appellants wish to rescind condition 93 of Appeal #1819 and r~ind
appeal #2552.
~'orrn ZB! (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATIOI'4~Q~,~ THE ,ORplNANCE would produce practical difficulties or unneces-
sary HARDSHIP because ~h~ appellants, in reliance on a letter dated February
21, 1986 from Mar~n~ie~o~r~r~, President of the Board of Managers (Exhibit
1) and a letter dated March 26, 1986 from Edward Hinderman, Building
Inspector (Exhibit 2), proceeded to enclose decks and screened in porches.
Over time all 20 out of 21 units were enclosed with glass windows. To
deny the recision of condition would require 20 owners of the 20 units to
remove what is otherwise a very attractive enclosure improving the appear-
ance of the units.
The units have greatly appreciated since 1973 when the condominium
approval was initially granted by the Zoning Board of Appeals, therefore,
the owners and Condominium Association wish to improve the units with the
glass porches.
2. The hardshipcreated is UNIQUEand isnotshared by all properties alike in the immediate
vicinity ofthis property and inthis use district because the original units consist of 600
square feet livable area. The living room was also the sleeping area.
The very small area and unique waterfront location of the units encouraged
the owners to enclose the screened in porches with glass windows.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the condominium units are isolated on a 5-acre
parcel on Gardiner's Bay. Twenty (20) out of Twenty-One (21) units were
similarly enclosed. The enclosure are all the same character and arch-
itecture since the enclosures were made from the decks and screened porches
The Town of Southold has assessed the enclosures and all the unit owners
have paid taxes on their improvement.
) SS . .......
COUNTY OF SUFFOLK ) oture ....
,,
JAY A. TINT£R
NOTARY PUBLIO, State ot ~e~{ York
No. 39892~)
JAMES A. SCHONDEBARE
TOWN ATI'ORNEy
ROBERT H. BERNTSSON
OFFICE OF THE TOWN ATTORNEY
TOWN OF $OUTHOLD
NOTICE
Town Hall, 53095 Main Road
P.O. Box I 179
Southold, New York 11971
TELEPHONE
(516) 765-1939
PLEASE BE ADVISED DUE TO TWO LAWSUITS AGAINST THE TOWN OF
SOUTHOLD, BROUGHT COLLECTIVELY BY THE NORTH FORK ENVIRONMENTAL
COUNCIL, LEAGUE OF WOMEN VOTERS, SOUTHOLD~2000 AND MESSRS. WEISMANN
AND FLYNN, THAT ANY PERMIT, APPROVAL OR ANY OTHER ACTION TAKEN
PURSUANT TO CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD. ZONING,
MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK.
So th Id Tow B d £App Is
~ ~, ?~,~ u o n oar o ea
.;~/~ .~.~ .~ MAIN RDAD BTATE RDAD 25 SDUTHD
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APPEALS 80ARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS. JR.
SERGE DOYEN, JR,
JOSEPH H. SAWlCKI
JAMES DINIZIO. JR.
September 21,
S,E.O,.R.X.
TYPE II ACTION DECLARATION
1989
Appeal No. 3842
Project/Applicants:
County Tax Map No.
Location of Project:
Crescent Beach Condo Association
1000- 38.1-1-Units 1-21
End of Maple Lane, East Marion, NY
Relief Requestea/Jurisdiction Before This Board in this Project:
Rescind Conditio~ #3 under previous Appeal #2552 in which
decks or patios were not to be enclosed.
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board's area of jurisdiction
concerning setback, area or lot-line variances determines ~his
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj, this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency's interest as an involved agency under SEQRA 617.2jj.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
tr
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZlO, .JR.
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., NoY. 11971
TELEPHONE (516) 765.1809
FAX NO. (516) 765-1823
ACTION OF THE BOARD OF APPEALS
Appeal No. 3842:
Application of CRESCENT BEACH CONDOMINIUMS. Variance to
the Zoning Ordinance, Article XXVIII, Section 100-271 (D), for
permission to enclose decks or patios of units with glass
windows with insufficient setback. Property Location: End of
Maple Lane, East Marion in this Resort/Residential (RR) Zone
District, County Map No. 1000, Section 38.01, Block 7, Lot 21
units.
WHEREAS, a public hearing was held and concluded on
September 21, 1989 in the matter of the Application of CRESCENT
BEACH CONDOS. Under Appeal No. 3842; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
'WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of'fact:
1. The premises in question is located along the south of
Route 25, Town of East Marion and is identified on the Suffolk
county Tax Maps as District 1000, Section 38.01, Block 7, Lot 21
units.
2. This is an application for Variances from the Zoning
code Article XXVIIIF Section 100-271 (D), for permission to
enclose decks or patios with glass windows with insufficient
setbacks.
Page 2 - Appl. No. 3842
Matter of CRESCENT BEACH CONDOS.
Decision rendered October 12, 1989
3. Article XXVIII, Section 100-271 (D), in addition to
such powers as may be conferred upon it by law, the Board of
Appeals shall have the following powers:
D. Interpretations: on appeal from order, decision or
determination of an administrative officer or on request of any
town officer, board or agency, to decide any of the following:
(1) Determine the meaning of any provision in this chapter
or of any condition or requirement specified or made under the
provisions of this chapter.
(~) Determine the exact location of any district boundary
shown on the Zoning Map.
4. In considering this application, the Board finds and
determines;
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(c) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied.
Accordingly, on motion by Mr. Dinizio, Seconded by Mr.
Grigonis, it was
RESOLVED, to GRANT a Variance in the matter of the
application of CRESCENT BEACH CONDOS as applied under Appeal No.
3842 for the enclosure of existing decks or patios with glass
windows.
Vote of the board: Ayes: Messrs. Goehringer, Grigonis,
Dinizio. (Absent Serge Doyen, Fishers Island and Joseph
Sawicki). This resolution was duly adopted.
GEREARD P. GOEHRINGER, CHAIRMAN
dff
¢
To~rlq OF $OU~HOLD, NEW ¥OI~K
aCTIO~ OF ~a~ ZONI~ BOARD O~
Appeal No. 1819 Dated J~y 27, 1~73
ACTION OF T~ ZONING BOARD OF APPE~S OF THE TOWN OF SOUTHO~
To J~es P. ~v~
M~n
East ~ion, New York
DATE ..A~t.L~.~;.. 9, 19?3
Appellant
at a meeUng of the Zoning Board of Appeals on A~USt 9, 1973
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance
( )
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 9,00 P.M. (E.$.T.), upon application of James P.
Kavanagh, Main Road, Eae% Marion, New York, for a special
exception in accordance with the Zoning Ordinance, Article V,
Section 500 B-3 and Article iV, Section 150~ la, for permission
to conver~ existing motel, known as Crescent Beach Mo~:el, to
permanent condoainiume. Location of preper~¥, ~ou~:h side
Main Road, Eaat ~4arion, boun~ed north by ~,,~n Road! east by
Rudkoski ~ Dawn Ee~a~esl south by gardiners Sa.vi west by
Dawn Estates. Fee paid ~15.00.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce practical difficulties
hardship because
SEE REYERSE
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the hnmecliate vicinity of this property ~nd in the same use district because
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
SEE REVEP~E
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
SEE REVERSE
) be denied and
FORM ZIM
ZONING BOARD OF APPEAL~
~rJorie MoDer~o~% Secretary
~outhold Town ~,oard of Appeale
After investigation and inspection the Board finds that
applicant requests permission to conver~ existing motel,
known as Crescent ~sach ~otel, to permanent condominiums,
located on tho 8curb side of 2sin ~ad, ~aet ~.arion, ]~ow ~o~k,
The find[~l of the ~ ~ t~t appl~o~t ~s ~he o~er of
~an (10) b~ld~s, e~h of which ~s a duplex~
twenty (20) ap~ment ~itl. The ~ea ~ zoned
Residence, ;~1. The ~t8 ~ve one be~om, livi~
kitohene~e, ~d bat~oms ~d the applic~ p~se8 ~o
sell ~he ~i~s ~o senior citizens on the basis o~ restric~ed
season~ use. The l~d ~ea wo~d be co~on l~d subJeot to
contel ~d main~e~e of a p~perlM constituted P~pe~y
~ers As~cia~lon. ~e ~ ~eee with the ~aso~ of
the applic~.
The Board finds that the public Convenience and welfare
and Justice will be served and the legally established or
permitted use of neighborhood proper~y and adjoining use
districts will not be permanently or substantially injured
and the spirit of the Ordinance will be observed.
THEREFORE IT WA-~ RESOLVED, Ja~ee P. Kavana~h, Main
E~ ~,~lon, ~ew York, be 6~T~ ps.salon ~o conve~
existl~ motel, ~o~ aa Crescent ~h ~tel, to pe~ent
condom~[~s. ~cation of p~pe~y~ south side of ~n ~o~,
Eae~ ~;~ion, New York. Grated as applied for, sub~ec~ to
the followi~ conditioner
Subject to Site Plan approval of the Planning
Board, including location of tennis courts, new
access road, adequate parking under present
Ordinance, and other common facilities.
Subject to setting off the residence of the
applicant on a~O,O00 sq. ft. plot in such a
way that the bulk regulations of the Ordinance
will be mst,
·here shall be no enlargement of the outside
dimensions of any of the twenty (20) proposed
condominium units.
Occupancy shall be seasonal, limited to the
period from April 1 to ~ovember 1.
All of the land area between the buildings shall
be COmmon land subject to control and maintenance
by a properly constituted Property Owner~ Association.
Access shall be as set forth in the site plan as
approved by the Southold 2own Planning Board.
Vote of the ~oard, Ayes0- ~eosrss Oillispie, Bergen,
H~lse, Origonis.
Southcld Town Board of Appeals -19-
August 9, 1973
NR. TERRY~ Any variance within 500 feet has to ge to the
County for review before this Board makes it final. Whether
they pass it or deny it, the recommendations go to the County
for review.
NR. GEORGE AHLERS, I would say that I suggested 170 feet
because it made it feasible to build a conventional style home
on the lower part. Obviously, you can build a house on stilts
which I don't think anyone in that area would like to see. I
don't care if the Board wants to make both lots one acre. I am
sure I can meet all regulations; 100 feet away from mean high
tide with cesspools. My original suggestion of 17O feet would
allow me to put a house on the lower lot closer to the higher
one. I am looking for two lots; whether they are one acre lots
really makes little difference to me.
MR. CLEMENS, I don't want you to bunch both houses on
that 170 foot lot.
THE CHAIP~¥~Uts Does anyone else wish to speak at this time?
(There was no response.)
THE CHAIRMAN, Are there any questions?
(there was no response.)
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the decision of the Board be postponed until
the next regular meeting of the Board which shall be held on
August 30, 1973, for the purpose of gathering more information
on the area involved. No further testimony shall be taken at
the time the decision is rendered by the Board of Appeals.
Vote of the Boards Ayes~- ~essrs~ Gillispie, Bergen, Hulse,
Grigonis.
PUBLIC HEARING, Appeal No. 1819 - 9:00 P.M. (E.S.T.),
upon application of James P. Kavanagh, ~iain Road, East Marion,
New York, for a special exception in accordance with the
Zoning Ordinance, Article V, Section 500 B-3 and Article XV,
Section 1504 la, for permission to convert existing motel,
known as Crescent Beach Motel, to permanent condominiums.
Location of property, south side Main Road, East Marion, bounded
north by Main Road! east by Rudkoski and Dawn Estatesl south by
Gardiners Bay! west by Dawn Estates. Fee paid $15.00.
Southold Town Board of Appeals
-20- August 9, 1973
The Chairman opened the hearing by reading the application
for a special exception, legal notice of hearing, affidavits
attesting to its publication in the official newspapers, and
notice to the applicant.
THE CHAIR~N: The application is accompanied by a sketch
which indicates that applicant is the owner of a parcel of
5.32 acres on which are situated, in the northeast corner and
the southerly area of this 5.32 acre plot, ten (10) buildings,
each of which is a duplex, comprising twenty (20) apartment
units.
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
RUDOLPH BRUER, ESQ.~ I think what we are basically asking
for is upzoning.
THE CHAIR~AN: This is the first application we have ever
had for condominiums, and the word doesn't appear in our
Ordinance.
MR. BRUER~ The area is presently zoned Nultiple Residence,
~-l. What you have here are buildings that are not, as a
practical matter, suited for all year round residence. The
purpose of the owner would be to sell the buildings if he could
get permission from the respective State authorities.
THE CHAIRMAN, Our counsel indicated that that might
take two to three years.
~R. BRUERs Mr. Kavanagh has informed me that he would
like to restrict occupancy to four to seven months.
THE CHAIRNAN~ You are suggesting condominium ownership
with restricted seasonal use.
MR. BRUER~ This is fortified by the fact that the buildings
are not suited for all year round use in terms of heat.
MR. JA~S KAVANAGH, The buildings have electric heat but
it would be very expensive heating them without insulation.
I have the intention of selling them to senior citizens.
MR. BRUER~ The apartments are basically one bedroom,
living room, kitchenette, and bathroom.
NR. KAVANAGH~ The apartments are approximately a 500 sq. ft.
.~area.
Seuthold Town Board of Appeals -21-
August 9, 1973
THE CHAIRM~N8 You say that you wish to sell these
buildings to senior citizens.
MR. KAVANAGH, Fifty years of age or over.
THE CHAIRMAN8 I don't think we can, under our Town laws,
restrict the use of property as to the age of the individuals.
MR. BRUERs It would be in the by-laws.
THE CHAIRMAN, You would have Deed restriction as to age,
fifty years or over. Do you th~nk you can limit this to four
to seven months?
MR. KAVANAGH, My intent is to sell to people who probably
go to Florida for six or seven months of the year.
MR. BRUERs They are designed for seasonal use. He would
be limited by the size of the buildings he has.
T~ CHAIRMAN~ We can restrict any enlargement of the
outside dimensions.
MR. BRUER, I think in terms of size it would not en-
courage relatives or in-laws to visit as there is only one
bedroom and one living room. I think it's a natural situation
where you would not have overcrowding.
THE CHAIRMAN~ When we were there the other day there were
a couple of children on the grounds.
MR. KAVANAGH, We have. a lot of children there now. It's
an ideal place for them. We have high-risers in the living
room so that four or five people can sleep comfortably there.
THE CHAIRMAN~ You are going to restrict that?
MR. KAVANAGH, I will sell each one to a couple, on the
order of Leisure Village.
THE CHAIRM~N~ I think it would have to be no more than two
people in that size apartment.
MR. BRUER~ I think the application speaks for i~self.
MR. KAVANAGH, There is one correction; the 5.32 acres
doesn't take in that barn. I own one barn and it gives me
a half acre addit~.onal included with my home. It will be owned
in common. They will have a Sun Deck, Shuffle Board Court, and
I intend to put in a Tennis Court. I would change the existing
roads, I would not go around my house and I would eliminate the
road in front of the beach houses.
Southold Tov~n Board of Appeals -22-
August 9, 1973
THE CHAIRMAN, The land area would be common land subject
to control and maintenance of a properly constituted property
Association.
MR. BRUER, It's in the statute, it specifies a common
area. We would have to provide the State in detail every part
that is common to the nth degree; what exactly is common area
that they would be responsible for. I believe the rights of
an Association are fairly well spelled out. There is a
specified procedure to enforce whatever rights they do have
under a special section of the law. It's not a typical
Property Association by a group of people getting together.
THE CHAIRMAN, It becomes a lien by agreement.
MR. BRUER, This is something that's worked out on
condominium homes. I have not become an expert in this field.
MR. EAVANAGHI I believe on Shinnecock Canal, the Seabreeze
Cottages were sold as condominiums.
MR. BRUER, If I may further state, it definitely has to
go to the State.
THE CHAIRMAN, It has to have site plan approval of the
Planning Board. I covered this part with Town counsel.
MR. BRUER, It's already sited.
MR. HOWARD TERRY, Building Inspector: He may want to
show the tennis court, and where the roads are being changed.
THE CHAIRMAN, You have to have parking, one space per
unit. After you have taken the lot out for your house, you
will have about 5 acres left. It looked to us as if the
maximum density is 9,000 sq. ft. per unit. Twenty units
will give you something to spare.
THE CHAIRMAN, Is there anyone present who wishes to speak
against this application?
RUTH OLIVER, In upzoning, would this be upzoned from M-l?
THE CHAIRMAN,
the word -upzoned".
upgraded?
There would be no change. Mr. Bruer used
What makes you say that this would be
MR. BRUERs Just a feeling; going from transient to permanent
occupancy on a seasonal basis and without enlarging would seem to
be upgrading.
$outhold Town Board of Appeals
-23- August 9, 1973
MR. KAVANAGH~
bad and indifferent.
selective.
In a motel you get people who are good,
This way, it would be a little more
THE CHAIRMAN, As I understand it, three or four couples
want to come back to your place.
MR. KAVANAGH~ I would bUY the other four.
THE CHAIRMAN~ In other words, the Property Owners
Association would start out with 20 in your hands.
MR. KAVANAGH, I would have to have a minimum of 14
in addition to my own before I could go ahead with it.. I
would want at least 14. I think you have to have a certain
percentage sold before they accept the application.
MR. BRUER~ With respect to the Planning Board and
site plan, would this be done by regular application to
Planning Board?
the
THE CHAIR~N~ This has to be done by special exception.
M-1 in the Ordinance requires Site Plan approval by the
Planning Board.
THE CHAIRMAN~ Does anyone else present wish to speak
for or against this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to convert existing motel, known
as Crescent Beach Motel, to permanent condominiums, located
on the south side of Main Road, East Marion, New York. The
findings of the Board are that applicant is the owner of a
parcel of land comprising 5.32 acres on which are situated
ten (10) buildings, each of which is a duplex, comprising
twenty (20) apartment units. The area is zoned Multiple
Residence, M-1. The units have one bedroom, living room,
kitchenette, and bathroom~ and the applicant proposes to sell
the units to senior citizens on the basis of restricted
seasonal use. The land area would be common land subject ~o
control and maintenance of a properly constituted Property
Owners Association. The Board agrees with the reasoning of
the applicant.
The Board finds that the public convenience and welfare
and justice will be served and the legally established or
Southold Town Board of Appeals -24-
August 9, 1973
permitted use of neighborhood property and adjoining use
districts will not be permanently or substantially injured
and the spirit of the Ordinance will be observed.
On motion by Nr. Gillispie, seconded by Mr. Hulse, it was
RESOLVED, James P. Kavanagh, Main Road, East Marion,
New York, be GRANTED permission to convert existing motel,
known as Crescent Beach Motel, to permanent condominiums.
Location of property~ south side of Nain Road, East Marion,
New York, as applied for, subject to the following conditions,
me
5
e
Subject to Site Plan approval of the Planning
Board, including location of tennis courts, new
access road, adequate parking under present
Ordinance, and other common facilities.
Subject to setting off the residence of the
applicant on a 40,000 sq. ft. plot in such a
way that the bulk regulations of the Ordinance
will be met.
There shall be no enlargement of the outside
dimensions of any of the twenty (20) proposed
condominium units.
Occupancy shall be seasonal, limited to the
period from April I to November 1.
All of the land area between the buildings
shall be common land subject to control and
maintenance by a properly constituted Property
Owners Association.
Access shall be as set forth in the site plan
as approved by the Southold Town Planning Board.
Vote of the Board~
Hulse, Grigonis.
Ayes~- Messrs~
Gillispie, Bergen,
SO~THOLD TOWN BOARD OF APPEALS -3- June 14, 1979
pool.
THE CHAIP~MAN: I was just wondering if the Building Inspe~tor
~ed the existing fence around the whole yard enough?
GIANNONE: Yes, the fence is legal for the pool,/but it
doesn't me happy.
THE I think the application is clea.~'enough. Does
anyone have any ~stions or anything to add? Is there anyone present
who wishes to ainst this application? (t~e was no response).
After investi¢ )n and inspection the ~ard finds that the
applicant wishes to ~uct an in ground po~61 on his property. The
applicant has no legal ~a~ 'ard due to the/~act that his prope=ty
abuts Main Road (State Road , Wickham A/venue and a private right-
of-way owned by the DeFriest The entire property is
presently fenced, but the to put an additional fence
around the pool. The Board ac. the reasoning of the applicant.
The Board finds that stri( .ication of the Ordinance would
produce practical difficulties unne( isary hardship; the hardship
created is unique and would be all properties alike in
the immediate vicinity of t the same use district;
and the variance will. not e the charac of the neighborhood and
will observe the spirit the Ordinance.
On motion by Tuthill, seconded by Grigonis, it was
RESOLVED, ~ Gene Giannone, Plain Road, Ma~ituck, New York, be
GRANTED perm' s~in to locate an in ground pool in th~front yard area.
Location of ~p ~rty: Corner of Wickham Avenue and M~n Road (S. R. 25),
Mattituck, N York, bounded on the north by DeFriest; ~ast by McCullough;
south by Ro~d (S. R. 25); west by Wickham Avenue, sf~ject to the
followin¢ ~on:
Approval of the Suffolk County Planning Commission.
Vote of the Board: Ayes: Messrs: Gillispie, =rigonis, ~thill
PUBLIC HEARING: Appeal No. 2552 - Upon application of Crescent
Beach Condominium (Charles Guhl, as agent), 45 Marine Place, East Marion,
New York, for a variance to the Zoning Ordinance, Article V, Section
100-51 and Bulk Parking Schedule for permission to construct decks or
patios with insufficient front and rear yard setbacks. Location of pro-
perty: End of Maple Avenue, East Marion, New York, known as Filed Map
Condominium No. 62.
The Chairman opened the hearing by reading the application for a
(~_ variance to the Zoning Ordinance, legal notice of hearing, affidavits
SO~UTHOLD TOWN BOARD OF APPEALS -4- June 14, 1979
attesting to its publication in the official newspapers, and disapproval
from the Building Inspector. The Chairman also read a letter from the
Town Clerk that notification by certified mail had been made to: James
Kavanagh, Dawn Estate Shopping Center, Rhoda and Zena Kaplan, W. H.
Paulisen. Fee paid $15.00
THE CHAIR/~AN: A copy of the minutes of Crescent Beach Condo-
minium of April 29, 1979 marked for the attention of the Board of
Appeals is in the file. (The Chairman read the portion of the minutes
pertaining to the sun decks and concrete patios.) Is there anyone
present who wishes to speak for this application?
MR. CHARLES GUHL: I have nothing to add, ~.~. Chairman.
THE CHAIrmAN: I believe you went over the possible location of
each one of these patios or decks with the Building Inspector, correct?
MR. GUHL: Yes, I spoke to him.
THE CHAIRMAN: So these figures that you have here, for instance
no Closer than 5 feet to the driveway have been discussed with the
Building Inspector? That measurement concerned us.
MR. GUHL: Yes.
THE CHAIRMAN:
any adjoining unit.
feet apart?
No patio
The units
or deck will be closer than 4 feet to f
are pretty close together. About 10
MR. GUHL: I would say more than 10 feet in most instances.
There will be more than 4 feet between the wrap around and the next
unit.
MR. DOUGLASS: How do you intend to get 5 feet on Kempner?
MR. KAVANAGH: There will be 6 feet there. If you don't count
his existing porch it is 6 feet to the turn in the road.
MR. DOUGLASS: Are you going to have a wrap around there?
MR. KAVANAGH: I'm not talking about the wrap around. I'm talking
about his porch. The road swings out there. His pier there is 6 feet
from the road.
MR. DOUGLASS: That was one we measured and got 2-1/2 feet.
THE CHAIrmAN: Is this the pier %hat supports the condominium?
MR. KAVANAGH: He put a pier in. He shouldn't have, but it is
6 feet from the road. He put a big concrete block there.
THE CHAIRMAN: When a fire truck comes in there and swings throu~
SOUTHOLD TOWN BOARD OF APPEALS
-5-
June 14, 1979
he won't take off the corner of the building will he?
MR. KAvANAGH: Well, I had a maid do it ohe time[ One of the
chamber maids hit that corner of the building.
THE CHAIRMAN: Is there anything else to be added to this
application. I think that we suggested that you apply for this in
one application so it would cover all of the members. Concerning
the patios to the west, I believe that the Building Department feels
that anything that is flush to the ground does not require a building
permit, but if any of your members wished to raise their concrete
patios they would require a building permit. The only other question
in my mind is the site plan approval. We were never able to establish
that the site plan to the original condominium was approved by the
Southold Town Planning Board, and I think the point was made that
if it was never approved there is no way to change the site not that
it exists. Is that correct?
MR. KAVANAGH: Yes, that is correct. I thought all that stuff
was straightened out. I had Bruer and Edson. They were supposed to be
representing me, I paid them enough. I thought everything was all
straightened out. They told me it was.
THE CHAIRMAN: I think it has been suggested that you get site
plan approval for this application from the Planning Board. Who suggested
this anyway?
THE SECRETARY: Mr. Fisher.
THE CHAIRMAN: That would automatically clear up all the site
plan problems that exist now.
MR. KAVANAGH: Well, what do I have to do now?
THE CHAIRMAN: Is there anyone present who wishes to object to
this application? (there was no response). Okay, we will approve it
now. Okay, the only stipulation we would put on this is that the
patios or decks cannot be enclosed and used for living quarters.
MR. KAVANAGH: That's fine. We don't want that to happen either.
You are talking about-having it enclosed with jalousies and all.
THE CHAIR~N: The decks or patios may not be enclosed other than
with screening materials.
MR. GUHL: Will we be able to get one building permit to cover
all that we wish to do?
THE CHAIRMAN: I don't know how Mr. Fisher wants to handle that.
We just agreed to handle the 21 structures under one permit to save this
Board paper work. I think this site plan approval will solve many of your
problems. You have good roads and fire plugs.
SOUTHOLD TOWN BOARD OF APPEALS -6- June 14, 1979
After investigation and inspection the Board finds that the
applicant is representing the 21 members of the condominium in this
application for decks and patios. The decks and patios will be no
larger than 14'3" by 16'13". Neither the decks or patios will be
closer than 5 feet to the road or closer than 4 feet to any adjoining
unit.
The Board finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship; the hardship
created is unique and would not be shared by all properties alike in
the immediate vicinity of the property and in the same use district;
and the variance will not change the character of the neighborhood and
will observe the spirit of the Ordinance.
On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was
RESOLVED, that Crescent Beach Condominiums, 45 Marine Place,
East Marion, New York, be GRANTED permission to construct decks or
patios with insufficient front and rear yard setbacks: Location of
property: End of Maple Avenue, East Marion, New York, known as Filed
Map Condominium No. 62, upon the following conditions:
(1) None of the decks or patios will be enclosed and used as
living quarters.
(2) Site Plan Approval by the Southold Town Planning Board.
'(3) Suffolk County Planning Commission Approval.
.Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill
and Douglass.
PUBLIC HEARING: Appeal No. 2556 - Upon appl~tion of Theodore
Rohloff, 2870 Orchard Street, Orient, New York, f~r~a variance to the
Zoni~ Ordinance, Article III, Section 100-31~.~.d Bulk Parking Schedule
for p~isslon to divide property with ins~icient area and width.
Location~ ~roperty. ?rchard Street,~.l'e~n~ ~ork, bounded on the
north b~~reet, east by ~f; south by Mayer; west by Blank.
The Chairman~p~ned the/h~aring by reading the application for a
varia~e, legal ~otice o{ hearing, affidavits
attes~he official newspapers, and disapproval
from the Building Inspect. ~ne Chairman also rea~ a letter from the
Tow~~f ed mail had been made to: Jean
Rohlo~ank, J~,~Shirley Mayer. Fee paid $15.00.
THE CH~%~N: The applicant has included a sketch of his property
which indictable that the total area is about 59,000 square feet. There
are two ~isting dwellings on the property; one of which is an existing
old residence that is being used as a storage building and a new resider~-
built ~by Mr. Rohloff. The proposal is to create two lots from the prop£~_~
TOWN OF SOUTHOLr~
OFFICE OF BUILDING INSPECTOR
· P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
March 26, 1986
TEL. 765-1802
Mr. Martin Lieberman
Crescent Beach Condo. Assoc.
P.O. 'Box 542
Greenport, N.Y. 11944
Dear Mr. Lieberman: .
The conversation I had with Tom Kraus which you
referred to in your letter of February 21, 1986 dealt
with the interpretation of the driveway within this
development being considered as a street as defined
in our zoning law.
~t is my opinion that the driveway does not meet
the d,~.finition of a street and therefore does not es-
tablish the front and rear yard of the building with-
in this development and that the set back variance
u?der this appeal was not necessary~. The only road
that would establish {he--front and rear yard would be
Maple Lane' where it meets the boundry line on norther-
ly side of this development.
' In order to have the restrictions, as s~tforth in
Appeal #2552 dated June 14, 1979, removed, you would
have to go back to the Zoning Board of Appeals for
their review of this m~tter.
Crescent Beach Condoininiums is not a subdivision
but it is a deve~opm~nt'of multiple dwellings and. the
driveway ·within this development is not subject to
highway regulations. It is part of the common elements
within your development. In view of this I can not see
· where the driveway qualifies for a street used by the
public.
EH: hdv
If you have' any questions call me at this tele-
phone number. I have tried to reach you several times
at the number. .you gave me.
Building Inspector
,./
Southcld Town Board of Appeals
-23-
MR. KAVANAGH~ In a motel you get people who are good,
bad and indifferent. This way, it would be a little more
selective.
THE CHAI~MANs As I understand it, three or four couples
want to come back to your place.
MR. KAVANAGH, I would bUY the other four.
THE CHAIRMAN, In other words, the Property Owners
Association would start out with 20 in your hands.
MR. KAVANAGH~ I would have go have a minimum of 14
in addition to my own before I could go ahead with it. I
would want at least 14. I think you have to have a certain
percentage sold before they accept the application.
MR. BRUER, With respect to the Planning Board and
site plan, would this be done by regular application to the
Planning Board?
THE CHAI~N~ This has to be done by special exception.
M-1 in the Ordinance requires Site Plan approval by the
Planning Board.
THE CHAIRMANs Does anyone else present wish to speak
for or against this application?
(There was no response.)
After investigation and inspection the Board finds that
applicant requests permission to convert existing motel, known
as Crescent Beach Motel, to permanent condominiums, located
on the south side of Main Road, East Marion, New York. The
findings of the Board are that applicant is the owner of a
parcel of land comprising 5.32 acres on which are situated
ten (lC) buildings, each of which is a duplex, comprising
twenty (20) apartment units. The area is zoned Multiple
Residence, M-1. The units have one bedroom, living room,
kitchenette, and bathroom~ and the applicant proposes to sell
the units to senior citizens on the basis of restricted
seasonal use. The land area would be common land subject to
control and maintenance of a properly constituted Property
Owners Association. The Board agrees with the reasoning of
the applicant.
The Board finds that the public convenience and welfare
and Justice will be served and the legally established or
Southold Town Board
of Appeals -2'4- August 9, 1973
permitted use of neighborhood property and adjoining use
districts will not be permanently or substantially injured
and the spirit of the Ordinance will be observed.
On motion by Mr. Gillispie, seconded by r~. Hulse, it was
RESOLVED, Jame~ P. Kavanagh, Main Road, East Marion,
New York, be GRANTED permission to convert existing motel,
known as Crescent Beach Motel, to permanent condominiums.
Location of property: south side of Main Road, East Marion,
New York, as applied for, subject to the following conditions:
e
Subject to Site Plan approval of the Planning
Board, including location of tennis courts, new
access road, adequate parking under present
Ordinance, and other common facilities.
Subject to setting off the residence of the
applicant on a 40,000 sq. ft. plot in such a
way that the bulk regulations of the Ordinance
will be met.
There shall be no enlargement of the outside
dimensions of any of the twenty (20) proposed
condominium units.
Occupancy shall be seasonal, limited to the
period from April i to November 1.
All of the land area between the buildings
shall be common land subject to control and
maintenance by a properly constituted Property
Owners Association.
Access shall be as set forth in the site plan
as approved by the Southold Town Planning Board.
Vote of the Boardl
Hulse, Grigonis.
Ayes:- Messrs: Gillispie,
Bergen,
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
PATRICK G. HALPIN
:SUFFOLK COUNTY EXECUTIVE
360-5206
ARTHUR H. KUNZ
OIRECTOR OF PLANNING
December 6, 1989
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s) Municipal File Number(s)
Crescent Beach Condominiums 3842
Very truly yours,
Arthur H. Kurtz
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE, L.I., NEW YORK 11788
(516) 360-5192
APPEALS BOARD
MEMBERS
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25' SOUTHOLD, L.h, N.Yi 11971
TELEPHONE (516) 765-1809
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZ[O, JR.
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
XX Variance from the Zoning Code, Article XXVIJ SectionlO0-271 iD)
Variance from Determination of SouthOld Town'Building Inspector
Special Exception, Article , Section
Special Permit
Appeal
Location of Affected Land: End of Maple Lane,
County Tax Map Item No.: 1000- 38.01-7-21
Within 500 feet of:
Town or Village Boundary Line
XX Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway,
Boundary of Existing or Proposed County,
Boundary of Existing or Proposed County,
Other Recreation Area
No.: 3842 Applicant: Crescent Beach Condominiums
East Marion, NY
Thruway
State or Federally Owned Land
State or Federal Park or
Channel
Channel
Existing or Proposed Right-of Way of Any Stream or Drainage
Owned by the County or for Which The County Has Established
Lines, ~
or Within One Mile of a~Nuclear Power Plant
Within One Mile of An Airport.
COMMENTS: Applicant is requesting permission to enclose decks or patios ·
of units with glass windows with insufficient setback.
Copies of Town file and related documents enclosed for your review.
Dated: December 5, 1989
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.y. 11971
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
November 27, 1989
Moore and Moore
Attorney at Law
Suite 3 Clause Commons
Main Road P.O. Box 23
Mattituck, NY 11952
Re: Appl. No. 3842 - Crescent Beach Condos (Variance)
Dear Mr. Moore:
Transmitted for your records is a copy of the recent
determination rendered by the Board of Appeals concerning your
application.
Please be sure to return to the Building Department and all
other involved agencies for proper permits as may be necessary
before commencing construction activities. A copy of this
decision has simultaneously been transmitted to the Building
Inspectors' Office for their files and update.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Doreen Ferwerda
Enclosure
Copy of Decision to:
Building Inspectors' Office
County Planning
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
ACTION OF THE BOARD OF APPEALS
Appeal No. 3842:
Application of CRESCENT BEACH CONDOMINIUMS. Variance to
the Zoning Ordinance, Article XXVIII, Section 100-271 (D), for
permission to enclose decks or patios of units with glass
windows with insufficient setback. Property Location: End of
Maple Lane, East Marion in this Resort/Residential (RR) Zone
District, County Map No. 1000, Section 38.01, Block 7, Lot 21
units.
WHEREAS, a public hearing was held and concluded on
September 21, 1989 in the matter of the Application of CRESCENT
BEACH CONDOS. Under Appeal No. 3842; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the south of
Route 25, Town of East Marion and is identified on the Suffolk
county Tax Maps as District 1000, Section 38.01, Block 7, Lot 21
units.
2. This is an application for Variances from the Zoning
code Article XXVIII, Section 100-271 (D), for permission to
enclose decks or patios with glass windows with insufficient
setbacks.
Page 2 - Appl. No. 3842
Matter of CRESCENT BEACH CONDOS.
Decision rendered October 12, 1989
3. Article XXVIII, Section 100-271 (D), in addition to
such powers as may be conferred upon it by law, the Board of
Appeals shall have the following powers:
D. Interpretations: on appeal from order, decision or
determination of an administrative officer or on request of any
town officer, board or agency, to decide any of the following:
(1) Determine the meaning of any provision in this chapter
or of any condition or requirement specified or made under the
provisions of this chapter.
(~) Determine the exact location of any district boundary
shown on the Zoning Map.
4. In considering this application, the Board finds and
determines;
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(c) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied.
Accordingly, on motion by Mr. Dinizio, Seconded by Mr.
Grigonis, it was
RESOLVED, to GRANT a Variance in the matter of the
application of CRESCENT BEACH CONDOS as applied under Appeal No.
3842 for the enclosure of existing decks or patios with glass
windows.
Vote of the board: Ayes: Messrs. Goehringer, Grigonis,
Dinizio. (Absent Serge Doyen, Fishers Island and Joseph
Sawicki). This resolution was duly adopted.
dff
GEREARD P. GOEHRINGER, ~HAIRMAN
Page 2 - App1. No. 3842
Matter of CRESCENT BEACH CONDOS.
Decision rendered October 12, 1989
THE SOUTHOLD TOWN C .LEBK
D, TE q:
Town Ciera, Town of Son'old
3. Article XXVIII, Section 100-271 (D), in addition to
such powers as may be conferred upon it by law, the Board of
Appeals shall have the following powers:
D. Interpretations: on appeal from order, decision or
determination of an administrative officer or on request of any
town officer, board or agency, to decide any of the following:
(1) Determine the meaning of any provision in this chapter
or of any condition or requirement specified or made under the
provisions of this chapter.
(2) Determine the exact location of any district boundary
shown on the Zoning Map.
4. In considering this application, the Board finds and
determines;
ia) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfort, convenience
and/or order of the Town;
(c) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied.
Accordingly, on motion by Mr. Dinizio, Seconded by Mr.
Grigonis, it was
RESOLVED, to GRANT a Variance in the matter of the
application of CRESCENT BEACH CONDOS as applied under Appeal No.
3842 for the enclosure of existing decks or patios with glass
windows.
Vote of the board: Ayes: Messrs. Goehringer, Grigonis,
Dinizio. (Absent Serge Doyen, Fishers Island and Joseph
Sawicki). This resolution was duly adopted.
dff
GEREARD P. GOEHRINGER, CHAIRMAN
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MR. FLYNN:
MR. GOEHRINGER:
motion. I'm offering
particular
reason for
was put before us tonight
may study it. In the
applicant.
We will then get back
he will get back to us and
this for the new date when
digested this information.
MR. SAWICKI: Second.
MR. GOEHRINGER: All
(Ayes).
MR. GOEHRINGER: Thank
everybody for coming in.
The second to last
number 3842. C~z~E-~ e~
(Reading).
MR. GOEHRINGER:
buyer plLan. We
number 16, here.
particular
Thank you.
Getting back to the
a motion to recess this
hearing without a date and specific
it is to reduce the testimony that
to writing so that we
interim so will the
to the applicant as
we will readvertise
everybody has
in favor?
you very much
hearing is appeal
I have a copy of the
are talking about building
The construction on that
parcel, that particular site.
112
have
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a copy of the Suffolk County tax map and
surrounding properties. Referring to the site,
referring to tax map -- not the tax map but the
overall site of 4.8 acres of Crescent Beach
Condo.
I believe,
Moore,
Mattituck.
I have
Pat, you would like to speak.
MS. MOORE: Yes, thank you. Patricia
law offices of Moore & Moore in
packaged together everything so you
don't have to search through the file.
We represent the Crescent Beach
Condominium Association. As you can see
the audience, the majority of the people
little over dozen people, are members of
condominium association, they're owners.
from
here, a
the
This property is located in East Marion
off of Maple Lane. The reason we are before you
tonight is that in 1979 a condition was imposed,
a variance for setbacks. The condition was that
a certain patio, which was a substantial patio
built out of wood, be restricted to screening
material so a deck could be improved with
screening.
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The decks were approved and there was
various communications back and forth. In 1986
the Association stated that they would like to
replace the screening with glass. At that time,
there was some communication between Mr.
Hinderman, who was the building inspector at the
time and back and forth between the Asociation
and Mr. Hinderman.
Mr. Hinderman's recommendation or opinion
was that the original variance was unnecessary
and that the reason for that was that the
internal roadway system was not a street within
the definition of street in the code and
therefore a setback was not required. That
along with an application by one of the owners,
I believe unit number 21, which obtained the
building permit and the C. O. for their
renovation.
The occurrencs of 1986 resulted in some
confusion by the property owners. After that
time, they began to replace the screening with
windows% At this time, when they went in for
future refinancing or whatever the purposes were
to obtain C.O.'s or updated C.O.'s for the
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units, they were advised that the glass was not
a permitted material and that we should appear
before the zoning board and possibly add the
condition that was -- prior condition imposed.
At this time, the 20 of the 21 -- 19 of
the 21 units have the glassed-in porches. This
would result in a great hardship to replace and
restore the units to their original screening
material. The windows themselves do not change
the character of the community. The structure,
and I refer you to the diagram which was
included as part of the application in'79, shows
a wood frame structure with openings that show
screening as the material used. This has not
changed the outside dimensions of the structure
remain the same. The difference being that the
screen was replaced with windows, in fact
improving aesthetically and structurally the
integrity of the building.
With that in mind we would request that
this Board rescind or amend the conditions
imposed-in 1979 in appeal number 2552 and allow
the porches to be screened with glass screening
that is currently there.
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In addition, we noticed in the file
number -- we reviewed the file for any
correspondence, the Board may have questions
about parking or barriers. We saw two notes and
were trying to decipher what that meant. If you
would like to discuss
MR. GOEHRINGER:
every time I had gone
chain across the road.
didn't know if anybody was going
out and go after me, kiddingly.
transverse the chain. However,
guess, sometime in July.
that that road does exist.
wraps around the rear of
buildings.
My concern was
used for parking and
MS. MOORE:
points. The road
it with the owners here.
Being honest with you,
down there, there was a
It was a cold day. I
to take a gun
I didn't
I did go down,
I was curious to see
It goes around and
the major group of the
how much of that area is
how well used is that road.
Well, just to start with some
itself is in very good
condition if you noticed. It is in fact going
to be upgraded again. It is going to be
resurfaced, engineers have worked on some
drainage so the integrity of the road continues
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in the condition it his now.
The parking, each of the units has a very
restricted parking that is self imposed by the
Association. Some of the units park behind in
the circle. The ones that are facing the water
park behind -- the ones facing the water, park
seaward of the driveway -- parallel parking.
And the ones in the back park behind their
building. So it is strictly enforced. There
adequate parking. It has not changed, parking
needs have not changed really since the '79
appeal, which at that time the site plan was
referred to the building inspector.
There was a letter in the file, I can get
one for you if you'd like, that talked about the
adequacy of the parking and that it was
sufficient. That is still the case today. If
you'd like to ask any one of the property owners
if there is any problem with parking, I'm sure
they would enlighten you.
MR. GOEHRINGER: Let me understand this
again. 'Buildings D through J are the ones that
primarily wrap around the circle and are on the
east side.
is
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MS. MOORE: Those were the
the water.
MR. GOEHRINGER:
buildings primarily.
MS. MOORE:
of the building.
They park
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ones that face
in front of the
Well, not all along the front
There is a designated area for
parking. They park parallel to the road.
MS. MOORE: No, perpendicular to the road.
In front of the buildings.
MR. GOEHRINGER: What is the purpose of
the road?
MS. MOORE: Purely for access to the
individual units and to the beach. Internal
access system.
MR. GOEHRINGER: Let's assume on the
weekend we have several people staying with us
as guests in one particular unit.
MS. MOORE: As guests.
MR. GOEHRINGER: Would guests use that
road to park next to or near those units?
The reason I ask that question, when I
viewed the grass in the rear of this unit, the
grass looked like it was in very good condition.
It didn't look like it was parked on. Now, that
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doesn't necessarily mean that whoever
there was probably a transient person
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parked
and didn't
leave their car there for a long period of time.
Is that the case? Could you have parking there?
A PERSON: In other words, when you come
off the driveway, you just park in
perpendicularly into the building. If you have
a guest, he just park alongside of you. On that
circle, nobody parks in back of the building one
to six, or 21, which is the little independent
building. They just pull in front of the
building. Nobody parks behind the building,
that's all lawn in there. One to six would be
where they put the extensions on, that that's
all on the lawns facing west.
MR. GOEHRINGER: What about the buildings
across?
A PERSON: The buildings along the water,
they come down to the road and park
perependicular to the water.
MS. MOORE: There's enough room there for
guests.-
A PERSON: Always on the east side of the
road.
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The other thing I wanted to comment is
that one of the reasons you found the grass in
good condition is at that in most cases, the
primary use of the place is on the weekends
during the summer months. It's not as if it's
heavily used all week all the time.
MR. GOEHRINGER: When would somebody park
in
the area closest to the porches?
A PERSON: Nobody, never.
MR. GOEHRINGER: Nobody would
there.
ever park
A PERSON: No, never.
MR. GOEHRINGER: Why is that area not
chained off, then, so that there is really
ingress or egress through there?
Why is it not chained up?
MS. MOORE: It's self regulateing. Each
of the owners regulates their own.
MR. GOEHRINGER: What I was concerned with
when I saw the project, I'll be honest with you,
there was a significant amount of parking down
in that-area. Not in any way degrading your
structures in any way, manner or form, I was
concerned with vehicular traffic down there and
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proximity to those buildings from the reverse
side. That was the purpose of the question and
the purpose of the area in question concerning
the barrier.
To screen the building not in a practical
sense from the roadway if it was an active
roadway and it was used by all the residents for
overflow or for very simply your own particular
use. So we've
problem. We thank you
MR. GOEHRINGER:
is, how have you -- how
enclosure enhanced your
pragmaticly I know how
me particularly.
A PERSON: Well,
practically in
furniture, and
allows us more
GOEHRINGER:
MR.
taken care of that particular
for that.
The only other question
has this particular
unit? You know, I mean,
it's enhanced it. Tell
it-- primarily and
inclement weather, it keeps the
so on, from getting ruined,
time to spend in that area.
These structures are only
used during what
A 'PERSON:
October.
MR.
particular periods of time?
Summer months from April until
GOEHRINGER: Good, then the water is
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shut off. There is really no way to get to it
unless you have a key to the chain. How are
they heated, in any way?
A PERSON: The units have radiant electric
heat. They have always had that.
MR.
winter if
plumbing?
A PERSON: That
MR. GOEHRINGER:
any ordinance?
A PERSON:
a hundred miles
facilities.
MR. GOEHRINGER:
the existence that I
Board that we
everybody has
GOEHRINGER: You could come out in the
the heat was on but not use the
is correct.
That's not a violation of
A little inconvenient to travel
and not have use of the
Is this the first time
have been on the Zoning
have had a joint meeting where
spoken.
in
MS. MOORE:
of the conditions
application was
months,~the
MR. GOEHRINGER:
questions.
For the record, I believe one
imposed in the original
that restriction on the use,
April through the October.
I don't have any further
I'll see if anybody else has any
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We'll discuss it. We do
on there that were there
concerning this.
(None).
MR. GOEHRINGER:
still have two members
in 1979.
MS. MOORE: I was noticing Mr. Grigonis
and Doyen were still on the board.
MR. GOEHRINGER: How old is this
'65.
condominium project?
A PERSON: I have been there since
We finally got it approved in '67.
MR. GOEHRINGER: Thank you very much for
coming in. This is a unique hearing.
Hearing no further questions, I'll make a
motion for the close the hearing. Make a
decision later.
MR. SAWICKI: Second.
MR. GOEHRINGER: Ail in favor?
(Ayes).
MR. GOEHRINGER: The last hearing in the
agenda is Dr. Paul Mitchell. We apologize for
putting'you on as the last hearing, Doctor. And
you, Mr. Garrett and Mrs. Mitchell, is that who
that is?
123
RAM COURT REPORTING SERVICE (516) 727-3168
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 $OUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516) 765-1823
August 23, 1989
Mr. William D. Moore,
Moore and Moore
Main Road
P.O. Box 23
Mattituck, NY 11952
Esq.
Re: Appl. No. 3842 Crescent Beach Condo Association (Variance)
Dear Mr. Moore:
This letter will acknowledge receipt of your application
for a variance and confirm that the Board Members are
individually conducting field inspections and reviews as may be
required by state and local laws during the next couple of weeks
concerning your application.
In the interim, we ask that the outside corners of the
proposed construction be flagged, if not already done so.
The public hearing on this application is expected to be
held on or about September 21, 1989, at the Southold Town Hall,
Main Road, Southold, and a copy of the notice of hearings as
published in the Long Island Traveler-Watchman and the Suffolk
Times will be sent to you as confirmation (with the exact
time)in the near future.
We do sincerely thank you for your continued patience
during this period of transition within our department.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
dff
W[LLIAM D. MOORE
PATRICIA C. MOORE
MOORE & MOORE
ATTORNEYS AT LAW
SUITE 3 CLAUSE COMMONS
MAIN ROAD P,O. BOX 23
MATTITUCK, NEW YORK t 1952
Southold Town Zoning Board of Appeals
$outhold Town Hall
Main Road
Southold, New York 11971
Attention: Linda Kowalski
KAREN SZCZOTKA, SECRETARy
June 1, 1989
Re: Application of Crescent Beach Condo Association
Dear Linda:
Enclosed please find copy of the survey done by R. VanTuyl
last amended October 25, 1973 on which I have indicated the unit
numbers of the respective condominium units and have indicated
which of the units have been improved with the porches previously
approved by the Zoning Board, the appeal number 2552.
The survey scale is one-inch equals one-hundred feet which
makes it impossible to clearly draw in the porches. Plans used
by unit owners for the screen porches were submitted previously.
On a separate sheet which is attached to the survey are the
set-backs of the units from the driveway. Set-backs have not
been provided for units 1, 2, 3, 4, 5, or 6 because the porch
areas were installed to the rear of these units away from the
driveway. I trust that with this information we will be able to
schedule a hearing with the board. If you have any questions,
please do not hesitate to contact me.
Very truly yours,
William D. Moore~
WDM\kts
cc: Crescent Beach Condominium Association
Lo~,3-5.1.
7:45 p.m. Appl. No. 3863 --NI-
CHOLAS TSIRKAS, Variance to
XXIV, Section 100-244, as dis~p-
a ~ family dwelling with ~ insuf-
R-40 Z~e Disuic~ Property Lo.-
pon, Ceonty Tax Map Dis~i~t'1000,
EDWIN IQNSCHERF. Variance to
Semis 106-20, (Article ~ Section
100-31, as disapproved), for
pending subdivisinu (R-40 Zone
District.) Property Location: 350
7:55
Section 100-239d, B. (Article
XXIV, Section 100-244, as disap-
a one family dwelling with an insuf-
this R-40 Zone District, Property
Location: 1390 Bay~ew D~ve, East
1000, Section 37, Block 5, Let 22.
CHARLES AND CAROL BURST.
Zone District. Property Location:
ness Zoning District (LB), Prepay
1000, Section 059, Block 07, Lot 31.
in this R-40 Zone District, Locati~
8:15 p.m. Appl. No. 3852 --
Section 100-30A,3, (Article XX~,
Section 100-231 (A), as disap-
District. Property Location 205
North Sea Drive, Southold, NY,
County Tax Map No, 1000, Section
54, Bl~k 4, Let 4.
Zone. Outinance, Anicin ~ Se~-
tion 100-119.2. (Article I, Settlor
97-12C~,~ disarm, d) for
sion to toast--deck additior
within 75 fcct of water or wetlands.
Zoning District R-40. Property
Lo~atinn: 2535 Cedar Lane, East
Marion; County Tax Map No. 100~,
Section 037, Block 04, Lot 10.
8:30 p.m, Appl. No. 3857 --
MICHAEL TOFFALIS. Variance to
the Zoning Ordinance, Article
XXi~, S~ction 100-244. As dlsap-
proved, for permission to construct
· deck addition, insufficient rear
yah] ~ethack for nonconforming 1o~
iua R-40 Zone District. Property
Loc~fion: 50 Captain Kidd Drive,
Mattisuck, County Tax Map No.
1000,.Section 106, Block 03, Lot
028.
8:~5 p.m. Appl, No. 3858
BERNARD COSIIvIANO. Variance
to the Zoning Ordinance, Anlcin
~ Section 100-23~d, B. (Arti-
cle XXIV, Section 100-244, as
disapproved) fo; permission to
strum a deck addition within 75 feet
of bulkhead. C~,mmction has in~f-
ficinnt total side yard setbacks in
this R-40 Zone District. Property
Location: Watersedge Way,
Southold, County Tax Map No.
1000. Sectinu 88, Block 5, LOt 63.
8:40 p.m. AppL No. 3542 --
CLWPSIDE (TIDE MARK). Vari-
¢le V, Section lO0-50B Special
Exception, (Article X~I, as disap-
proved) for peunission to comtmct
76 M~el Units in this ResonYResi-
dentlal (RR) Zone District.
Location: 61475 County 48, C,~.en-
port, County Tax Map No. 1000,
Sectmn 045, Block 01, Lot 01.
8:45 p,m. Appl. No. 3770
PORT OF EGYPT. Variance to the
Zoning Ordinance, Article XlI, Sec-
lion 100-121C - 122, (Section 100-
239D, ~s disapproved) for permis-
sion to constl'Hct Boat Storage
BuUdin8 with insufficient setbacks
and excessive ]o~ coverage in this
Marine H (M-II) Zoning District.
~"Property Location: Main Road,
Southold, County Tax Map No.
1000, Section 056, Block 04, 06,
- 1{:50 p.m. AppL No. 3842
CRESCENT BEACH CONDOS1
Variance to the Zoning Ordinauce~
Article XXVH, Se~inn 100-271,
disapproved, for penuission to en-
close decks or patina of units to be
enclosed with glass windows with
insufficient setbacks. Property
Location: End of Maple Lane, East
Marion, in this Resort/Residential
(RR) Zone District, County Map
No. 1000, Section 38, Bleck 7, LOt~
21 un, ts.
~o. 3860 -- DR.
PAUL 'M1TC~n, t
Zoning Ordinance, Article IH A,
Section 100-30A-3, as disapproved,
for approval to construct a single
family dwelling with insufficient
fwnt yard setback in this R-40 Zone
District. Property Location 1015
Munn Lane, Orient, County Tax
Map District I000, Section 017,
Block 02, Lot 08.
The Beard of Appeals will at said
time and phce hear any and nH per-
sons or representatives desiring to
be heard in each of the above mat-
tees. WrlUcn comments may also be
submitted prio~ to the c~nclusion of
the subject hearing. Each hearing
your presentation will be available,
if needed. For more information,
please c~1765-1809,
Dated.September 1, 1989.
BY ORDER OF THE SOU'I~OLD
TOWN BOARD OF APPEALS
GERARD R GOEHRiNGER
CHAIRMAN
By Doreen Ferwerda
.~.~=1- TS 14
COUNTY OF SUFFOI~
Patricia Heaney. _of Mattituck, in
~ald County, being duly sworn, says that he/she Is principal
Clerk o! THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattltuck, In the Town of Southold, County of
Suffolk and State of New York, and that the Notice of which
the annexed is a printed copY, bas been regularly published in
said Newspaper once each week for 1 weeks
successively, commencing on the _ 14'ch , day of
Se_p_X~mbe r _19_8 9
/ principq~Clerk ff
Swom to befor~ me this -
day of 1~_~ ./_
NOTICE OF HEARINGS-
NOTICE IS HEREBY GIVEN~
pursuant to Section 267 ~ the Town
Law and the Code of the Town of
Southold, the following I~arings
will be held by the SOU~HOLD
TOWN BOARD OF ApPI~ALS at a
Regular Meeting, at the~Southold
Town Hall, Main Road, Southold,
NY 11971, on THURSDAY,
SEPTEMBER. 21, 1989, at the roi--
lowing data:
7:30 p,m. Appl. No. 3861 --
SOUTHOLD FREE LIBRARY.
Vadance to the Zoning O~dinanc~,
Article IX, Section 100-102, as Dis-
approved, (nonconforming Bulk
m~ea md peddng mquinmments of thc
Hamlet Business disWint) P~oposed
construction will have insufficient
tolal side yard setbacks. Property
Location: 53705 Main Road,
Southold; County Tax Map No:
1000, Section 61, Block 1, Lo~ 14.
7:35 p.m. Appl. No. 3859 --
EMANUEL PIPERAKIS AND
D!.MITRiOS AGRIROPOULOUS-
Variance to the Zoning Ordinance,
Article XXIII, Section 100-239d
(A) (1), as disapproved, for permis-
sion to construct an inground pool
with deck and fence, within .100
fect from Sound in this R-40 Zone
District. property Location: 3410
Noah Sea Drive, Orient; County
Tax Map No. 1000, Section IS,
OF SUFFOLK
STATE OF NEW YORK ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southo~d, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ...................... /. · . . weeks
successively, commencing on the ....... /..~..c~...' .......
Sworn to before me this ,/~ '~ day of
· ,19. ~?
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of New York
No. 4806846
(~ualified in Suffolk County
Commission Expires ~/~,/'),,
NOTICE OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant ~o 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 APPE3d.~
at a Regular Meeting, at the
Southold Town Hall, Main
Road, Southold, NY 11971, on
THURSDAY, SEPTEMBER 21,
1989, at the following times:
7:30 p.m. AppL No. 3861--
SOUTHOLD FREE LIBRARY.
Variance to the Zoning Or-
(finance, Arficle IX, Section
100-102, as Disapproved, (non-
conforming Bulk area and park-
ing requirements of the Hamlet
Business District). ' Proposed
construction will have insuffi-'.
cient total side yard setbacks.
Property Location: 53705 Main
Road, Southold; County
Map No. 1000, Section 61, Blockc
1, Lot 14.
7:35 p.m. Appl. No. 3859--~
EMANUEL PIPERAKIS AND
DIMITRIOS AGRIROPOU-
LOUS. Variance to the Zoning
Ordinance, Article XXIII, Sec-
tion 100-239d (Al (1), as disap-
proved, for permission to con-
struct an inground pool with
deck and fence, wi~thin 100 feet
from Sound in this R-40 Zone
District. Property Location:
3410 North Sea Drive, Orient;
County 'Pax Map No. 1000, Sec~%
tion 15, Block I, Lot 3. '
7:40 p.m. Appl. No. 3798--
ELIZABETH McCANCE. Var-
iance to the Zoning Ordinance,
Article I, Section 106-20 (Arti-
cle Ill Section 100-31 as Disap-
proved) for approval of insuffi-
cient area in this pending divi-
sion of land of property, (R-80
Zone District.) Property Loca-
tion: Mansion House Drive,
Fishers Island; County Tax Map
District 1000, Section 06, Block
05, Lot 3-5.1.
7:45 p.m. Appl. No. 3863--
NICHOLAS TSIRKAS. Vari-
ance to the Zoning Ordinance,
Article XXIV, Section 100-244,
as disapproved, for permission
to construct a one family dwell-
ing with an insufficient 40'
frontyard setback in this R-40
Zone District. Property Loca-
tion: 2700 Sound Avenue,
Greenport, County Tax Map
District 1000, Section 033, Block
01, Lot 11.
7:50 p.m. Appl. No. 3827--
EDWIN KIN~ERE Vari-
ance to the ZO~ Ordinance,
· Article I, Section 106-20, (Arti-
cle III, Section 100-31, as disap-
proved), for approval of insuf-
ficient areas in this pending sub-
division (R-40 Zone District.)
Property Location: 350 Wood
Lane, Greenport, Section 043,
Block04, Lot 29-30-35.
7:55 p.m. Appl. No. 3864--
LOEPOLD STERN. Variance
to the Zoning Ordinance, Arti-
cle XXIII, Section 100-239d, B.
(Article XXIV, Section 100-244,
as disapproved), for permission
' to construct a one family dwell-
ing with an insufficient rearyard
setback, approximately 75 feet
from the bulkhead in this R40
Zone District. Property Loca-
tion: 1390 Bayvlew Drive, East
Marion, County Tax Map Dis°
trict 1000, Section 37, Block 5,
Lot 22.
8:00 p.m. AppL No. 3865~
CHARLES AND CAROL
BURST. Variance to the Zoning
Ordinance, Article Ill A, Sec-
tion 100-30 A.3, as disapproved,
for permission to construct
addition with insufficient side
and rearyard setbacks in thisl?
R-40 Zone District. Property
Location: 705 Windy Point
Road, County Tax Map District
1000, Section 87, Block 4, LOt 6.
8:05 p.m. Appl. No. 3866--
HENRY ARBEENY. Variance
to the Zoning Ordinance, Arti-
cle VIII, Section 100-82, as dis-
approved, for approval of
insufficient area in this pending
subdivision, (Light Business
Zoning District (LB), Property
Location: Route 48, Kenny's
Road, Southold, County Tax
Map District 1000, Section 059,
Block 07, Lot 31.
8:10 p.m. Appl. No. 3849~
CIPITELLI BROS REALTY.
Variance to the Zoning Ordi-
nance, Article XXIII, Section
I00-239d, A (1), as disapproved,
for permission to construct a
one family dwelling with an in-
sufficient setback and within
100 feet from Long Island
Sound in this R-40 Zone
District. Location of Property:
90 Petty's Drive, Orient, Coun-
ty Tax Map No. 1000, Section
14, Block 2, Lot 24.
8:15 p.m. Appl. No. 3852--
RICHARD DiBLASI. Variance
to the Zoning Ordinance, Arti-
cle III, Section 100.30A3, as dis-
approved, for permission to
construct open deck in front
yard, nonconforming With bulk
area and parking regulations in
this R-40 Zone District. Proper-
ty Location: 360 Bayview Drive,
East Marion, County Tax Map
No. 1000, Section 037, Block 04,
Lot 01. ~,a.~b
8:20 p.m. AppI. No. 3852--
ELLIOT PASKOFE Varian~l~
the Zoning Ordinance, Arl~l~
Ill A, Section 100-30A.3, (Ar-
ticle XXIII, Section 100-231 (A),
as disapproved), for permission
to construct an attached deck
with insufficient side yard and
accessory fence (trellis) in front
yard at the height of more than
required 4 feet. Lot area is non-
conforming in this R-40 Zone
District. Property Location: 205
North Sea Drive, Sonthold, NY,
County ~tx Map No. 1000, Sec-
tion 54, Block 4, Lot 4.
8:25 p.m. Appl. No. 3854~-
NANCY STEIN. Variance to
the Zoniug Ordinance, Article
III, Section 100-119.2. (Article I,
Section 97-12C, as disapprovedl
for permission to construct a
deck addition within 75 feet of
water or wetlands. Zoning Dis-
trict R-40. Property Location:
2535 Cedar Lane, East Marion;
County Tax Map No. 1000, Sec-
tion 037, Block 04, Lot 10.
8:30 p.m. Appl. No. 3857--
MICHAEL TOFFALIS. Vari-
ance to the Zoning Ordinance,
Article XX1V, Section 100-244Jq~
As disapproved, for permission
to construct a deck addition,
insufficient rear yard setback for
nonconforming lot in an R40
Zone District. Property Loca-
tion: 50 Captain Kidd Drive,
Mattitock, County Tax Map No.
1000, Section 106, Block 03, Lot
028.
8:35 p.m. Appl. No. 3858--
BERNARD COSIMANO. Vari-
ance to the Zoning Ordinance,
Article XXIII, Section
100.239d, B. (Article XXIV,
Section 100-244, as disapproved)
for permission to construct a
deck addition within 75 feet of
bulkhead. Construction has
insufficient total side yard set-
backs in this R-40 Zone District.
Property Location: Watersedge
Way, Southold, County Tax
Map No. 1000, Section 88,
Block 5, Lot 63.
8:40 p.m. Appl. No. 3542-~s'~
CLIFFSIDE (TIDE MARK).
Variance to the Zoning Or-
dinance, Article V, Section
100-50B Special Exception, (Ar-
tide XIII, as disapproved) for
permission to construct 76 motel
Units in this Resort/Residential
{RR) Zone District. Property
Location: 61475 County 48,
Greenport, County Tax Map
No. 1000, Section 045, Block 01,
Lot 01.
8:45 p.m. Appl. No. 3770--
PORT OF EGYPT. Variance to
the Zoning Ordinance, Article
XII, Section 100.121C-122, (Sec-
tion 100.239D, as disapproved)
for permission to construct Boat
Storage Building with insuffi-
cient setbacks and excessive lot '
coverage in this Marine li (M-
II) Zoning District. Property
Location: Main Road,
Southold, County Tax Map No..(
1000, Section 056, Block 04, 06~,~'
~1, 11, 12.2, 3.2, 3.3, 4, 6.[:
8:50 p.m. Appl. No. 3842--
CRESCENT BEACH CON-
DOS. Variance to the Zoning
Ordinance. Article XXVII, Se~
tion 100-271, as disapproved, for
permission to enclose decks or
patios of units to be enclosed
with glass windows with insuffi-
dent setbacks. Property Loca-
tion: End of Maple Lane, East
Marion, in this Resort/Residen-
tial (RR) Zone District, County '
Map No. 1000, Section 38,
Block 7, Lot,21 units, e----,
--'--'~:55 p.m. Ai3pi. Noi 3860~
DR. PAUL MITCHELL.
Variance to, the Zoning Or-
dinaoce, Article III A, Section
100-30A-3, as disapproved, for
approval to construct a single
family dwelling with insufficient
front yard setback in this R-40
Zone District. Property Lo~
tion: 1015 Munn Lane, Orient~
County Tax Map District 1000,
Section 017. Block 02, Lot 08.
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. Additional time
for your presentation will be
available, if needed. For more
information, please call
765-1809.
Dated: September 1~ 1989.-
BY ORDER OF THE'
SOUTHOLD TOWN'
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Doreen Ferwerda
IX, 9/14/89 ~25i'LI
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIT[O, JR.
Southold Town Board of Appeals
MAIN ROAD -STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516) 765-1823
TO WHOM IT NAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your application is a
copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
same and in order to prevent a delay in the processing of your
application, your public hearing will not start before the time
allotted in the attached Legal Notice.
Please feel free to call our office prior to the hearing
date if you have questions or wish to update your file.
Yours very truly,
CHAIRMAN
df
Enclosure
APPROVED. BY
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
. P.O. BOX 728
TOWN HALL
t SOUTHOLD, N.Y. 11971
TEL. 765-1802
Mr. Martin Lieberman
Crescent Beach Condo.
P.O. Box 542
Greenport, N.Y. 11944
Dear Mr. Lieberman:
Assoc.
March 26, 1986
The conversation I had with Tom Kraus which you
referred to in your letter of February 21, 1986 dealt
with the interpretation of the driveway within this
development being considered as a street as defined
in our zoning law.
It is my opinion that the driveway does not meet
the d,~finition of a stre~,t and therefore does not es-
tablish the front and rear yard of the building with-
in this development and that the set back variance
under this ~ppeal was not necessary. The only road
~hat woul~ ~stab~-~--~ ff~n£'~ ~ear yard would be
Maple Lane where it meets the boundry line on norther-
ly side of this development.
~ In order to have the restrictions, as s~tforth in
Appeal #2552 dated June 14, 1979, removed, you would
have to go back to the Zoning Board of Appeals for
their review of this matter.
Crescent Beach Condoininiums is not a subdivision
but it is a deveiopm~nt'of multiple dwellings and the
driveway within this development is not subject to
highway regulations. It is part of the conunon elements
within your development. In view of this I can not see
where the driveway qualifies for a street used by the
public.
If you have' any questions call me at this tele-
phone number. I have tried to reach you several times
at the number. .you gave me.
EH:hdv Building Inspector
(
Southold Town Board of Appeals
SOUTHOLD, L. I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
ROBERT W. GILLISPIE, JR., CHAIRMAN
CHAR LES GR IGONIS, JR.
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
June 15, 1979
Mr. Henry E. Raynor, Jr., Chairman
Southold Town Planning Board
Main Road
Southold, New York 11971
Crescent Beach Condominium, East Marion,
New York - Appeal No. 2552
Dear Mr. Raynor:
At a regular meeting of the Southold Town Board of Appeals
held on Thursday, June 14, 1979, the Board passed the following
resolution in connection with the above-captioned matter:
On motion by Mr. Douglass, seconded by Mr. Tuthill, it was
RESOLVED, that Crescent Beach Condominiums, 45 Marine Place,
East Marion, New York, be GRANTED permission to construct decks
or patios with insufficient front and rear yard setbacks. Loca-
tion of property: End of Maple Lane, East Marion, New York, known
as Filed Map Condominium No. 62, upon the following conditions:
(1) The decks or patios may not be enclosed and used as
living quarters.
(2)
Board.
Site Plan Approval from the Southold Town Planning
(3) Approval of the Suffolk County Planning Commission.
Very truly yours,
'Babette C. Conroy, Secretary
Southold Town Board of Appeals
bc
MINUTES OF SPECIAL MEETING OF
MEMBERS OF THE CRESCENT BEACH CONDOMINIUM ASSOCIATION
A special meeting of the Members of the Crescent Beach
Condominium Association was held by telephone~~A ~m~
1989 at ~f~O o'clock in the ~/~/ noon wherein the following
resolution was approved:
Whereas the Members of the Crescent Beach Condominium
Association have retained Moore & Moore, attorneys at law to take
all actions necessary to obtain approval of the enclosed decks
and screened in porches,
Whereas twenty of the twenty-one units have been enclosed in the
same general character and architectual style,
Whereas the Unit Owners and Members of the Crescent Beach
Condominium Association seek to rescind Southold Town Zoning
Board of Appeals condition prohibiting enclosure of decks and
screened in porches and seek Southold Town Planning Board
approval, if necessary,
Thereupon, on motion duly made, seconded and unanimously carried
it was:
Resolved, that Moore & Moore, attorneys at law are hereby
retained to take all actions necessary to obtain approval of the
enclosed decks and screened in porches, and be it further
Resolved, that the officers of this Corporation, be and they
hereby are, authorized, empowered and directed to take such
action as are necessary to obtain approval for enclosure of decks
or screened in porches on all the Units of the Crescent Beach
Condominium,
There being no further business, the meeting was adjourned,
Dated:
Secr~ry~
FEE: ':'" BY:
NO'T.]~' D' !~Lr':'-'~ D~P,',RT.' tEl~ T
,,755-1"'~? 9 A~.'~ TO .' ?'~ F,~'2- TH-
'FO{-! ~'' ":" '$
.l.F.~L! .... --lq;! - TIV3 RS~L!IREC
· P=U .....
3. P-'-~'!.
_ -- .,_: ..........
DE r"', ',~ -"F; ,-.-,n C.O.
ALL C~.~!--TR ~CT ~bi SHALL
'rile .,..-...I, ,=;~,_N I S CF TEiE
ST?.-'.F CCNSTRUCTIObl &
COCES. NOT RESPONS'ZLE FOR
E.~, .,C.-,_
~EETC-N' ~'~ CONSTRUCTIOi'J ~ r, .~
C uN~.~,ET£ 5LAB
C
IG'O" -
C, Qk~ C ~ET £ PATt6) _
"" 5LA~
D'
FOOTING
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,I
C~c,~(. e : / '
' ~ 'l ~ ~ .... ~"~---F' ~~V .
[ I ~1.~ ..p It~-~o"---. Iix III _~ '
o ~ ~ ~ il ~ ~-' It . II ~ Illl
, I ~ ~ ;' ~ ~'~ i~ Il ~ I · III!
~, =~' i~ :~ ~ ~ ~l lll~;-~"¢ ~
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i
cREscENT BEACH CONDOMINIUM ASSOCIATION
SET-BACKS OF UNITS
UNIT NUMBER
7
8
9
10
11
12
13
14
15
16
17
18
19
20
SET-BACKS OF UNITS FROM DRIVEWAY
30'5"
23'8"
27'10"
20'10"
25'4"
18'10"
23'10"
19'1"
18'3"
8'1"
22'
16'4"
NO PORCH
7'5"
steps are 5'3"
from driveway
I
I' I1:'
WILLIAM D. MOORE
PATR1CIA C. MOORE
MOORE & MOORE
ATTORNEYS AT LAW
SUITE 3 CLAUSE COMMONS
MAIN ROAD P.O. BOX 23
MATTITUCK, NEW YORK 11952
(S 16) 298-5674
FAC SIM~L£ (S 16} 298-S664
Southold Town Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, New York 11971
Attention: Linda Kowalski
HAND DELIVERED
KAREN SZCZOTKA, SECRETARY
May 1, 1989
Re: Application of Crescent Beach Condo Assoc.
Our file #: 308-88
Dear Linda:
Enclosed please find the following, in response to your
March 20, 1989 letter on the above-referenced matter:
1. One (1) copy of the survey that was approved by the
Southold Town Planning Board on September 11, 1979.
2. One (1) copy of the Site Plan map filed with the
Southold Town Planning Board on May 31, 1978, File No.
62.
3. One (1) copy of the Covenants and Restrictions.
4. Photographs of the subject screened-in porches
which are the subject of this application.
If there is any further information needed, please do not
hesitate to contact my office.
Very truly yours,
~m D. Moore
WDM\kts
Encls.
cc: Crescent Beach Condominium Assoc.
.(
)
/
--1
SITE PLAN
CRESCENT BEACH CONDOMINIUM
VILLAGE OF EAST MARION, TOWN OF SOUTH(
SUFFOLK COUNTY, NEW YORK.
-~' *1~': ...... ,'
WATER SUPPLY by VILLAGE of GREENPORT UTILITIES
CRESCENT BEACH
DECLARATION OF COVENANTS AND RESTRICTIONS
WITNESSETH: That James p. Kavanagh, residing at (no
number) Main Road, East Marion, New York, being the record owner
of all the real property hereinafter described and the subject of
this declaration, does hereby declare for himself, his successors i
and assigns, in consideration of the premises, and hereby makes
known, publishes and declares, covenants and agrees that the
premises hereinbelow described shall hereafter be subject to the
covenants and restrictions hereinbelow enumerated which shall be
considered to be real covenants running with the land and binding
upon all' purchasers, owners, mortgagees lienors and such other
The parcels designated as common areas
persons acquiring an interest therein or of any portion of Said
premises, and their respective heirs, executors, administrators,
successors and assigns, which covenants and restrictions shall be
and remain in full force and effect from the date of the recording
of the within instrument in perpetuity.
DESCRIPTION: See Attached Schedule
~ shall not be open or available to the public for gen-
eral or park use but shall remain at all times in the exclusive
possession and for the exclusive use and enjoyment of owners of
lots 1 - 21, inclusive.
1. The declarant shall at his own cost and expense establish
a Not-For-Profit corporation for the benefit of owners of lots
1 - 21 as shown on said map, after 11 lots have been sold.
2. Each said lot ~wner or succeeding owner shall automatic-
ally become a member of said Homes Association.
3. The owner of each lot shall bear one-twenty-first of the
expenses of the Homes Association's activities, after its form-
ation. These expenses shall include any and all real property
taxes levied after the date of the formation of the Not-For-
Profit corporation.
4. Title to common areas shall be conveyed to the Homes
Association promptly after the creation of said Association.
5. Lot owners shall have a proportionate vote in the affairs
of the Homes Association and a proportionate right to the use
and enjoyment of the common areas.
6. Upon the formation of the Homes Association, all res-
ponsibility for the operation and maintenance of the common areas
and the facilities thereon shall lie with the Homes Association,
7. Conveyances from the developer to the owners of lots 1 -
21 shall include a grant of an easement of enjoyment over the
said common areas, such easement to continue until such time as
said Homes Association is created.
8. The Homes Association shall have the right to borrow
money for improvements to the common areas and may encumber them
as security for said improvements to the area.
9. The Homes Association shall have the right to suspend
membership rights of any said lot owner of nonpayment of assess-
ments, or for the infraction of any published rules of said
Association.
10. Each deed of conveyance to a ~ lot ~
~ shall include by reference these covenants and restrictions.
11. The Homes Association shall be perpetual, shall kave
the right to purchase, insurance, shall pay taxes and shall
provide in it's charter and/or By-Laws for an annual homeowner's
fee and shall further provide that all such fees and assessments
shall become liens until paid upon said lots --
~ The Homes Association shall have the right to proceed
with necessary legal action to foreclose and/or enforce said liens
and it shall further have the right to commence action against
anY-lot owner for the collection of any unpaid assessment in any
court of competent jurisdiction.
12. The declarant shall assume responsibility for all taxes
and improvements and expenses ~ until such time
as 12 lots have been conveyed.
13. If the declarant or his successors or assigns shall
violate or attempt to violate any of the covenants and restrictions
enumerated herein, or shall fail to enforce said covenants and
restrictions, it shall be lawful for any other person or persons
owning any portion of the hereinabove described premises to
prosecute at law or in equity the persons violating or attempting
to violate any such covenant and either prevent them from so
doing or to recover damages for such violation.
14.
in part,
Invalidation of any one of these covenants, in whole or
by judgment or court order, or otherwise, shall in no
wise affect any of the other provisions which shall remain
force and effect.
in full
15. No fences, either natural or man made shall be erected
or maintained on any lot.
15. No commercial vehicles or boats shall be maintained or
stored on any lot.
16.
No more than two household pets shall be maint~ined on
the premises by any lot owner.
17. No nuisance or noises of any kind , unwholesome and
offensive to the neighborhood, shall be permitted to exist on
said premises nor shall any accumulation of rubbish, garbage,
junk, or materials of any kind be permitted to remain on ~id
premises. No signs shall be permitted on any lot.
18. Occupancy shall be seasonal, limited to the period from
April 1 to November 1.
19. All maintenance of the exterior of each house shall be
done at the direction of the Homes Association including but not
limited to maintenance of grounds, painting of exterior of build-
ing, maintaining all roofs, water and sewerage system repairs.
Cost of repairs done to individual house lots shall be born by
~ owner of the lot which is benefited by the repair or
maintenance or if more than one ~t is benefited than the cost
shall be apportioned accordingly.
sold
20. Each lot is/subject to and together with a perpetual
easement for the maintenance repair and replacement, of existing
water and sewerage systems.
21. The common areas, including roads, shall be maintained
by the Home Owner's Association.
22. Ownership of each lot shall be restricted to individuals
over the age of
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
March 20, 1989
William D. Moore, Esq.
Moore and Moore
Main Road, Box 23
Mattituck, NY 11952
Re: Application of Crescent Beach Condo Association
Dear Bill:
In reviewing the above documents received by our office last
Friday, it was noted that the Neighbor Notice with Affidavit of
Mailing was not signed or notarized.
Please complete and return same as early as possible
together with:
/' (1) one to three prints of an original site plan map
/showing the entire lot, all building construction with setbacks,
land the access drives to each unit in the development - {drawn to
. cale ;
(2) COpy of any Covenants and Restrictions of record
~>~ ~ affecting the premises;
~k>'
~ are the subject of your application.
Upon receipt of the Affidavit of Mailing with the Notice to
Neighbor Form, we will file your application with the Office of
the Town Clerk. You may, if preferred, send the additional
documentation under separate cover.
Yours very truly,
lk
Enclosures
GERARD P. GOEHRINGER
CHAIRMAN
,RD OF APPEALS, TOWN OF SOUTHOLD
In the Matter ot the Petition of :
£rescent Beach C~on~](~minium
to the Board of Appeals of the Town of Southold :
TO:
Greg Miller & others
60-67-68th Road
Ridgewood, New York
11227
NOTICE
TO
ADJACENT
PROPERTY OW/qER
SCTM ~1000-38.1-1-5
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 requesta (Variance) (Special Exception) (Spe¢ialPermit) (Other) [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Crescent Beach Condominium, Maple Lane, East Marion,
Town of Southold. New York SCTM# 1000-38.1-01-6
3. That the property which is the subject of such Petition is located in the following zoning district:
RESIDENTIAL
4. That by such Petition, the undersigned will request the following relief: G~z~mING Tq~
DECKS OR PATIOS OF UNITS TO BE ENCLOSED WITH GLASS WINDOWS.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article XXVII Section 100-271 (D)
[ ] Section 280-A, New York Town Law for appr0va] of access over right(s)-0f-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 ma), then and there
examine the same during regular office hours. (516) 765-]_809.
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:
Petitior~
Owners ' Names:
Post Office Address
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
NAM~
ADDRESS
GREG MILLER & others
60-67-68th Road
Ridgewood, New York 11227
SCTM # 1000-38.1-1-5
Mr. Henry Paulisen & Wife
as trustees
Maple Lane, P.O.Box 152
East Marion, New York 11939
SCTM # 1000-38-8-1
Gusmar Realty
1307 37th Avenue
Long Island City, New York
SCTM # 1000-35-8-5.3
11101
Mr. James
P. Kavenaugh
P.O.Box 223
Greenport, New York
SCTM # 1000-8-4.1
11944
STATE OFNEWYORK)
COUNTY OF SUFFOLK)
SS.:
of ,19 , de
verse side hereof, directed to each of the above-ha
names; that the addresses set opposite the names c
PS Form3800, June 1985
PS Form3800, June 1985
PS Form3800, June 1985
the current assessment roll of the Town of Southold; that said Notices were malleo at
rice at ; [hat said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this
day of ,19
Notary Public
(This side does not have to be completed on form transmitted to adjoining
property owners.)
WILLIAM D, MOORE
PATFHCIA C, MOORE
MOORE & MOORE
ATTORNEYS AT LAW
SUITE 3 CLAUSE COMMONS
MAIN ROAD P.O. BOX 23
MATTITUCK, NEW YORK 11952
{516) 298-5674
FACSIMILE (516) 298-5664
KAREN 5ZCZOTKA, SECRETARY
Southold Town Board of Appeals
Southold Town Hall
Main Road
Southold, New York 11971
ATTENTION: LINDA KOWALSKI
April 10, 1989
Re: Application of Crescent Beach Condo Assoc.
Dear Linda:
~\~?/ In response to your March 20, 1989 letter, enclosed please
'~?~ind the Neighbor Notice with Affidavit of Mailing signed and
notarized.
The prints of an original site plan map, a copy of the
Covenants and Restrictions of record affecting the premises and
photographs of the subject screened-in porches will be following
this letter.
Ve~ yours
WDM\kts
Encl.
~ SO~THOLD TOWN BOA OF APPEALS
-3-
14, 1979
pool.
\ THE CHAIRMAN: I was just wondering if the Building Inspector
cons~ered the existing fence around the whole yard enough?
M~. GIANNONE: Yes, the fence is legal for the pool, but it
doesn't m~e me happy.
THE CHA~I~RMAN: I think the application is clear eno~. Does
anyone have any~estions or a.nything to add? Is there j~4~yone present
who wishes to~ spea~ainst~ this application? (there/3~s no response).
.. Afte.r ~investiga~on and in.spection the Boa~finds that the
applicant wishes to cons~uct an an ground pool/6~ his property. The
applicant has no legal rea~yard due to the fact that his property
abuts Main Road (Stite Road ~, Wickham Av~_.ue and a private right-
of-way ~owne~d by_the DeFriest F~eral Homey~ The entire property is
presently fenced, but the applic~t pl.a~ to put an additional fence
around the pool. The Board agrees~tH the reasoning of the applicant.
~hat.stric.t./~pp~i~ation of the Ordinance would
produce pr~d'fficulties 0r"unneces~ry hardship; the hardship
created ~s unique and would no,~×be shared b~ll properties alike in
the i~~9/property and ~n~-same use district;
and th~ange the character o~he neighborhood and
will observe the spirit,~ the Ordinance.
On motion by M/~. Tuthill, seconded by Mr. Grigonl ~ it was
RESOLVEDf~t Gene Giannone, Main Road, Mattituck,~N~ York, be
GRANTED permiss~n to locate an in ground pool in the front ya~ area.
Location of pr~er~ty: Corner of Wickham Avenue and Main Road (~ R. 25),
Mattituck, N~ York{ bounded on the north by DeFriest; east_ by Mc~ullough;
south by M~n~.R~ad (S. R. 25); west by Wickham Avenue, subject to \the
followi~condition:
(1) Approval of the Suffolk County Planning Commission.
~ Vote of the Board: Ayes: Messrs: Gillispie, Srigonis, Tuthill
and Douglass.
PUBLIC HEARING: Appeal No. 2552 - Upon application of Crescent
Beach Condominium (Charles Guhl, as agent), 45 Marine Place, East Marion,
New York, for a variance to the Zoning Ordinance, Article V, Section
100-51 and Bulk Parking Schedule for permission to construct decks or
patios with insufficient front and rear yard setbacks. Location of pro-
perty: End of Maple Avenue, East Marion, New York, known as Filed Map
Condominium No. 62.
The Chairman opened the hearing by reading the application for a
variance to the Zoning Ordinance, legal notice of hearing, affidavits
SObTHOLD TOWN BOARD OF ~EALS -4- June 14~979 ~
attesting to its publication in the official newspapers, and disapproval _~
from the Building Inspector. The Chairman also read a letter from the
Town Clerk that notification by certified mail had been made to: James
Kavanagh, Dawn Estate Shopping Center, Rhoda and Zena Kaplan, W. H.
Paulisen. Fee paid $15.00
THE CHAIRMAN: A copy of the minutes of Crescent Beach Condo-
minium of April 29, 1979 marked for the attention of the Board of
Appeals is in the file. (The Chairman read the portion of the minutes
pertaining to the sun decks and concrete patios.) Is there anyone
present who wishes to speak for this application?
MR. CHARLES GUHL: I have nothing to add, ~-~. Chairman.
THE CHAI~4AN: I believe you went over the possible location of
each one of these patios or decks with the Building Inspector, correct?
MR. GUHL: Yes, I spoke to him.
THE CHAIRMAN: So these figures that you have here, for instance
no Closer than 5 feet to the driveway have been discussed with the
Building Inspector? That measurement concerned us.
MR. GUHL: Yes.
THE CHAIRMAN:
any adjoining unit.
feet apart?
No patio or deck will be closer than 4 feet to
The units are pretty close together. About 10
MR. GUHL: I would
There will be more than 4
unit.
say more than 10 feet in most instances.
feet between the wrap around and the next
MR. DOUGLASS: How do you intend to get 5 feet on Kempner?
MR. KAVANAGH: There will be 6 feet there. If you don't count
his existing porch it is 6 feet to the turn in the road.
MR. DOUGLASS: Are you going to have a wrap around there?
MR. KAVANAGH: I'm not talking about the wrap around.
about his porch. The road swings out there. His pier there
from the road.
I'm talking
is 6 feet
MR. DOUGLASS: That was one we measured and got 2-1/2 feet.
THE CHAIPaMAN: Is this the pier that supports the condominium?
MR. KAVANAGH:
6 feet from the road.
THE CHAIRMAN:
He put a pier in. He shouldn't have,
He put a big concrete block there.
When a fire truck comes in there and
but it is
swings throu~
SOUTHOLD TOWN BOA OF APPEALS -5-
14, 1979
he won't take off the corner of the building will he?
MR. KAVANAGH: Well, I had a maid do it ohe time~ One of the
chamber maids hit that corner of the building.
THE CHAIRMAN: Is there anything else to be added to this
application. I think that we suggested that you apply for this in
one application so it would cover all of the members. Concerning
the patios to the west, I believe that the Building Department feels
that anything that is flush to the ground does not require a building
permit, but if any of your members wished to raise their concrete
patios they would require a building permit. The only other question
in my mind is the site plan approval. We were never able to establish
that the site plan to the original condominium was approved by the
Southold Town Planning Board, and I think the point was made that
if it was never approved there is no way to change the site not that
it exists. Is that correct?
MR. KAVANAGH: Yes, that is correct. I though~ all that stuff
was straightened out. I had Bruer and Edson. They were supposed to be
representing me, I paid them enough. I thought everything was all
straightened out. They told me it was.
THE CHAIRMAN: I think it has been suggested that you get site
plan approval for this application from the Planning Board. Who suggested
this anyway?
THE SECRETARY: Mr. Fisher.
THE CHAIRMAN: That would automatically clear up all the site
plan problems that exist now.
MR. KAVANAGH: Well, what do I have to do now?
THE CHAIRMAN: Is there anyone present who wishes to object to
this application? (there was no response). Okay, we will approve it
now. Okay, the only stipulation we would put on this is that the
patios or decks cannot be enclosed and used for living quarters.
MR. KAVANAGH: That's fine. We don't want that to happen either.
You are talking about-having it enclosed with jalousies and all.
THE CHAIR~N: The decks or patios may not be enclosed other than
with screening materials.
MR. GUHL: Will we be able to get one building permit to cover
all that we wish to do?
THE CHAIRMAN: I don't know how Mr. Fisher wants to handle that.
We just agreed to handle the 21 structures under one permit to save this
Board paper work. I think this site plan approval will solve many of your
problems. You have good roads and fire plugs.
OF PEALS - 6- June 79
SOUTHOLD TOWN BOARD
After investigation and inspection the Board finds that the
applicant is representing the 21 members of the condominium in this
application for decks and patios. The decks and patios will be no
larger than 14'3" by 16'13". Neither the decks or patios will be
closer than 5 feet to the road or closer than 4 feet to any adjoining
unit.
The Board finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship; the hardship
created is unique and would not be shared by all properties alike in
the immediate vicinity of the property and in the same use district;
and the variance will not change the character of the neighborhood and
will observe the spirit of the Ordinance.
On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was
RESOLVED, that Crescent Beach Condominiums, 45 Marine Place,
East Marion, New York, be GRANTED permission to construct decks or
patios with insufficient front and rear yard setbacks~ Location of
property: End of Maple Avenue, East Marion, New York, known as Filed
Map Condominium No. 62, upon the following conditions:
(1) None of the decks or patios will be enclosed and used as
living quarters.
(2) Site Plan Approval by the Southold Town Planning Board.
'(3) Suffolk County Planning Commission Approval.
.Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill
and Douglass.
PUBLIC HEARING: Appeal No. 2556 - Upon application
Rohloff, 2870 Orchard Street, Orient, New York, for a va: to the
Ordinance, Article III, Section 100-31 and Bu] g Schedule
for ssion to divide property with insufficiei and width.
Location .roperty: Orchard Street, Orient York, bounded on the
north by Street; east by Rohloff; by Mayer; west by Blank.
The Chairman the hearin~ reading the application for a
variance to the Zoning .nance, notice of hearing, affidavits
attesting to its official newspapers, and disapproval
from the Building Inspector. Chairman also read a letter from the
Town Clerk that notificat by cer~i~ied mail had been made to: Jean
Rohloff, Mr. and Mrs. Blank, Jr.,~hirley Mayer. Fee paid $15.00.
THE : The applicant has inciu~a sketch of his property
which indicat~ the total area is about 59,0~k~square feet. There
are two exi ~ dwellings on the property; one of wh~ is an existing
old resi. ~ that is being used as a storage building ah~ a new residerz-~-
buil~j~. Rohloff. The proposal is to create two two lots lots ~mom tim the prope~,
Mailing List of Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21, 1989
Copies to the following on or about September 9, 1989:
Suffolk Times, Inc. (Personal Delivery)
L.I. Travel-Watchman
Town Clerk Bulletin Board (Main Lobby)
ZBA Office Bulletin Board (East Hall)
ZBA Board Members (with copies of files)
ZBA Individual Files
Mr. Thomas C. Samuels, as Agent for Southold Free Library
25235 Main Road, Cutchogue, NY. 11935
Southold Pools, as Agent for Piperakis and Argiropoulous
P.O. Box 1412, Southold, NY. 11971
Mr. Richard Lark, Esq. for Elizabeth McCance,
Main Road, P.O. Box 973, Cutchogue, NY. 11935
Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361
Ms. Marie Ongioni, Esq. for Edwin Kinscherf,
218 Front Street, Greenport, NY, 11944
Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr.
Peconic Associates, P.O. Box 672, Greenport, NY. 11944
Edson and Bruer, Attorneys at Law,
Esq. for Charles and Carol Burst
P.O. Box 1466, Southold, NY, 11971,
Mr. Rudolph Bruer, Esq. for Henry Arbeeny,
P.O. Box 1466, Southold, NY, 11971
Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty,
Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716
Mr. Warren A. Sambach, Sr. for Richard DiBlasi,
P.O. Box 1033, Cox Lane, Cutchogue, NY 11935
Mr. Charles R. Cuddy, Esq. for Elliot Paskoff,
180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901
Mr. Kenneth Stein, 5 Witchwood Lane, Chappaqua, NY. 10514
Mr. and Mrs. Michael Toffalis
50 Captain Kidd Lane, Mattituck, NY 11952
Mr. Jim Delucca, for Bernard Cosimano
12 Linda Lane, Riverhead, NY 11901
Mr. Garret A. Strang, for Paul Mitchell
P.O. Box 1412, $outhold, NY 11971
Mr. Richard. T. Haefeli, Esq. for Cliffside (Tide Mark)
184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978
Mr. Merlon Wiggins, For Port of Egypt
1 Bootleg Alley, Greenport, NY, 11944
Mr. William D. Moore, Esq. for Crescent Beach Condo.
Main Road, P.O Box 23, Mattituck, NY 11952
Mr. and Mrs. Domenico LoRe
21 Chatteua Drive, Box 24, Oakdale, NY 11769
Mr. and Mrs. Nick J. Cassimates
150 Captain Kidd Drive, Mattituck, NY 11952
Ms. Margeret Drape
160 Breakwater Drive, Mattituck, NY 11952
Southold Town Board of Appeals
SE]UTHE]LD, L. I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS 8OARD
MEMBERS
ROBERT W. GILLISPIE, JR., CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
June 15, 1979
Mr. Henry E. Raynor, Jr., Chairman
Southold Town Planning Board
Main Road
Southold, New York 11971
RE: Crescent Beach Condominium, East Marion,
New York - Appeal No. 2552
Dear Mr. Raynor:
At a regular meeting of the Southold Town Board of Appeals
held on Thursday, June 14, 1979, the Board passed the following
resolution in connection with the above-captioned matter:
On motion by Mr. Douglass, seconded by Mr. Tuthill, it was
RESOLVED, that Crescent Beach Condominiums, 45 Marine Place,
East Marion, New York, be GRANTED permission to construct decks
or patios with insufficient front and rear yard setbacks. Loca-
tion of property: End of Maple Lane, East Marion, New York, known
as Filed Map Condominium No. 62, upon the following conditions:
(1) The decks or patios may not be enclosed and used as
living quarters.
(2)
Board.
Site Plan Approval from the Southold Town Planning
(3) Approval of the Suffolk County Planning Commission.
Very truly yours,
· Babette C. Conroy, Secretary
Southold Town Board of Appeals
Dc
TOt',tN OF SOUTilOLD, NE',¥ YORK
ACTION OF THE ZONING BOAP~D OF APPEALS
Appeal No. 2552 Dated May 22, 1979
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OFSOUTHOLD
To Crescent Beach Condominiums
45 Marine Place
East Marion, New York (Charles Guhl, as agent)
DATE...~...~., 1979
Appellant
at a meeting of the Zoning Board of Appeals on June 14, 1979
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance
( )
the appeal
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
con/irmed b~cauze 8:00 P.M. (D.S.T.) Upon application of Crescent Beach
Condominium (Charles Guhl, as agent), 45 Marine Place, East Marion,
New York, for a variance to the Zoning Ordinance, Article V, Section
100-51 and Bulk Parking Schedule for permission to construct decks or
patios with insufficient front and rear yard setbacks. Location of
properEy: End of Maple Avenue, East Marion, New York, known as Filed
Map Condominium No. 62.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
SEE REVERSE
practical difficulties or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike In the immediate vicinity of this property and in the same use district because
SEE REVERS~E
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(%vould not)
SEE REVERSE
and therefore, it was fturther determined that the requested variance (
\
that the pr~ious decisions of the Building Inspector
SEE REVErSe.
' ~.' ZONING BOARD OF ~PEA~
) be granted (
) be confirmed ( ) be reversed.
) be denied and
After investigation and inspection the Board finds that the
applicant is representing the 21 members of the condominium in this
application for decks and patios. The decks and patios will be no
larger than 14'13" by 16'13". Neither the decks or patios will be
closer than 5 feet to the road or closer than 4 feet to any adjoining
unit.
The Board finds that strict application of the Ordinance would
produce practical difficulties or unnecessary hardship; the hardship
creat4d is unique and would not be shared by all properties alike in
the immediate vicinity of the property and in the same use district;
and the variance will not change the character of the neighborhood and
will observe the spirit of the Ordinance.
On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was
RESOLVED, that Crescent Beach Condominiums, 45 Marine Place,
East Marion, New York, be GRANTED permission to construct decks or
patios with insufficient front and rear yard setbacks. Location Of
property: End of Maple Avenue, East Marion, New York, known as Filed
Map Condominium No. 62, upon the following conditions:
(1) None of the decks or patios will be enclosed and used as
living quarters.
(2) Site Plan Approval by the Southold Town Planning Board.
(~) Suffolk County Planning Commission Approval
Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill
and Douglass.
!
f
HENRY E. RAYNOR. Jr. ~ Chin.
FREDERICK E. GORDON
JAMES WALL
Bennett Orlowski, Jr.
George Ritchie Latham,
Jr.
Southold, N.Y. 11971
September 14, 1979
TELEPHONE
765- 1938
Mr. Charles Guhl
Marine Place
East Marion, New York 11939
Dear Mr. Guhl:
The following action was taken by the Southold Town Planning
Board at a regular meeting held September 11, 1979.
~ RESOLVED to grant site plan approval to Crescent Beach
Condominiums, map dated 2/13/79, to construct decks or patios as
the building inspector has indicated that there will be
sufficient parking area for the number of units.
Yours truly,
Muriel Tolman,Secretary
Southold Town Planning Board
Copy to George Fisher
Sr. Building Inspector
F
Crescent Beach Condominium Association
P.O. Box 542
Greenport, New York 11944
L
February 21, 1986
Mr. Edward Hindermann
Town of Southold
Building Department
Town Hall
Southold, NY 11971
Dear Mr. Hindermann:
The Board of Managers of the Crescent Beach
Condominium has been advised by Tom Kraus, a unit-
owner, of a conversation that he had with you
recently concerning some restrictions in the
nature of additions which may be made to some of
the individual condominium units.
Specifically, certain units were limited to
the addition of screened-in porches, rather than
living quarter additions, because of their proximity
to what was initially categorized as a "road" that
runs along the side of these units. In your dis-
cussion with Mr. Kraus, you indicated that this
should more correctly be designated as a driveway,
which would result in a removal of the aforementioned
restriction.
Naturally, The Crescent Beach Condominium would
like to have this designation officially changed, with
the resulting lifting of the restriction. Hopefully,
this letter will suffice as an official request. I
have attached a copy of the 1975 Site Plan. The
gravelled driveway in question is highlighted in red.
If you require anything additional please let me know
by writing to me at the above address or by calling me
at (516) 331-1388.
Thank you for your consideration.
Sincerely,
Martin Lieberman'.
President
Board of Managers
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
· P.O. BOX 728
TOWN HALL
t ~OUTHOLD. N.Y, 11971
Martin:Lieberman
iCres~ent~Bea~ ~ondo,fAssoc%
p.O?Box',542 ,~..;,,-o . ....
..=~.Y. 11944 , ~ ' ~ ~
The conversation I had with Tom Kraus which you
referred to in your letter of February 21, 1986 dealt
with the interpretation of the driveway within this
development being considered as a street as define~
i~ ourtzoning law. ' ·
It is my opinion that'the driveway does not m~et
the di~finition of a strel,t and therefore does not es- .
tablish the front 'and rear yard of the building with-
in this development and that the set back variance
under this 999eal was not necessary. The only road
t~-~t would est~i~%~-~6-£~ rear yard would be !'
.Maple Lane where it meets the boundry line on norther-
' ly side of.this development.
'~'~ In order to have the restrictions, as s~tforth'in
'Appeal %2552 dated June 14, 1979, r~moved, you would
'have to go back to the Zoning Board of Appeals for
'their~!review of this m~tter.. ' ' ·"
" Crescent 'Beach Condominiums is not a subdivision
but it is a deveiopm~nt."of multiple dwellings and the
driveway'within this development'is not subject 'to
highway regulations. It is part of the common elements
within your development. In view of this I can not see
TEl.. 765.1802
· Where the driveway qualifies for a s~reet used by .the
If you have' any questions call me at this tele-
phone number. I have tried to reach you several times
. .:;,~at the number you gave me. , .... ,' ~ .
~%i ........ ' '~ '' ~.,r-~/~1~ '~:' " " '
gHshdv Building Inspector
CRESCENT BEACH CONDOMINIUM ASSOCIATION
SET-BACKS OF UNITS
UNIT NUMBER
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
SET-BACKS OF UNITS FROM DRIVEWAY
30'5"
23'8"
27'10"
20'10"
25'4"
18'10"
23'10"
19'1"
18'3"
8'1"
22'
16'4"
NO PORCH
7'5"
steps are 5'3"
from driveway
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DIN[ZIO, JR.
TYPE II
September 21,
S.E.O.R.A.
ACTION DECLARATION
1989
Appeal No. 3842
Project/Applicants:
County Tax Map No.
Location of Project:
Crescent Beach Condo Association
1000- 38.1-1-Units 1-21
End of Maple Lane, East Marion, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Rescind Conditio~ #3 under previous Appeal #2552 in which
decks or patios were not to be enclosed.
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been submitted
with the subject application indicating that no significant
adverse environmental effects are likely to occur should be
project be implemented as planned.
It is determined that this Board's area of jurisdiction
concerning setback, area or lot-line variances determines this
application to fall under the established list of Type II
Actions. Pursuant to Section 617.2jj, this Department is
excluded as an involved agency.
This determination shall not, however, affect any other
agency's interest as an involved agency under SEQRA 617.2jj.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
tr
JUDITH T. TERRY
To:
From:
Dated:
Transmitted herewith is Zoning Appeal NO.
Crescent Beach Condominium
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Southold Town Zoning Board of Appeals
Judith T. Terry, Southold Town Clerk
April 12, 1989
3842
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 Clerk
WILLIAM D. MOORE
PATRICIA C, MOORE
MOORE & MOORE
Facsimile: (516) 298-5664
Ms. Linda Kowalski
Zoning Board of Appeals
Southold Town Hall
Main Road
Southold, New York 11971
March 15, 1989
Re: Crescent Beach Condominium Association
Dear Linda:
Enclosed please find Zoning Board of Appeals petition by
Gregory Miller, secretary of the Crescent Beach Condominium
Association on behalf of all the unit owners of the Crescent
Beach Condominium.
The Crescent Beach Condominium owners seek amendment of ZBA
appeal #1819 dated August 9, 1973 and rescission of ZBA appeal
#2552 to permit glass enclosure of screened porches. The
following documents are enclosed:
1. Appeal (3 copies)
2. Notice to adjacent property owners with mailing receipts
3. Questionnaire
4. List of Crescent Beach Condominium unit owners
5. Resolution of Members of the Crescent Beach Condominium
Association
6. Short Environmental Assessment Form
7. Minutes of Appeal #1819 and #2552
8. Letter dated March 26, 1986 from Building Inspector
9. Letter dated June 15, 1979 from the ZBA to Planning Board
10. Plans used by units owners for sun deck or screened
porches
11. Site plan approval of Planning Board with decks or
porches
12. Pre-paid self-addressed postcard acknowledging receipt
of application
13. our firm's check for $150.00 made payable to the
Southold Town clerk for the filing fee.
Please schedule the appeal for the earliest possible date.
Thank you in advance for your assistance in this matter.
Very truly yours,
William D. Moore
Enclosures
cc: Crescent Beach Condominium Association
(w/o enclosures)
$1tORT £NV1ROIIMENTAL ~,SS~]f;S14[]IIT
(a) In order to anower the quoettons in tibia ~hort EAF ts 1~ aon~ed that the
preparer will use currently availabl~ ~fo~ltion concocting tho project and tho
l~cly ~pacts of the action. It is not G~ceted th~t ~dditiom~l s~udiee, research
er c~hcr invcstiEetions w~l be ~dertakcn.
(b) If any question ha~ boon answered Yes the project rr~y bo hi.if leant and a
cc~p~ctc~ Enviro~cntal Assessment Fo~ is neccssa~/.
(c) If all quu~tions hav~ boen answered llu i% iu likely ~mu this project Is
~not olEnificant.
(d) Environmental Asnen~ment
1. W~ll project rssult in a lar'~e physical
to the project sita or physically alter more
than 10 acre8 of land? · · · · · · ·
Will thoro be ~ ~Jor chnnEe to any unique or
unusual land fo~ fo~d on tho ~ltu? ·
W~I project alter or have a lar~lu effect on
an cxistin~ body of water? · · · ·
&. W~I pro Joe: have a potentially lar~o ~pacb on
gro~dwatcr quality? · · * · * * ·
~. W~I project sl~ificaatly, effuct dra~nabo fl~,z
on a~Jace~t 81to~? * · * * * · *
6. Will pro~cct affect any tl~catunod or
'-plant or an~%l spccicn? . · . · · .
7.W~i pro~ect reset In a ~raJor adw~r~m effect
air quality? · · ~ · · · .
8. W~i prc~ect havo'a ~.n3or effect cn visual char-
9. ~ill project adversely ~pact any site or ~truct-
crc of hl~tortc~ pro-his~orlc, or paloon~oloztcal
~mportnnce or any site desi~ated a~ a critical
environmen~l area by a local aEoncy?
10. W~i pro3cct have a ~3or effect on cxiut~ or
future recreational oppor%~itio~ . · ·
Will pro3cct,rosul%'in ~Jcr traffic problems
cause a ma~or effect to ex~stin~ transportation
12. Will project roz~arly causo objectionable odorz,
noise, glare, vibrat~on, or electrical
anco as a reset of thc project's operation?
Will project have any i~npact on public health or
Will project ~ffect thc oxluting co~uni%7 by
directly causln~ a ~row~h h~ per~muu% p~puin-
period or have a major negative el'leon
characn~ ~f %h~ cat. unity or n~l,~bBornocd?..
%~. I~ ~here public controvurs7 concernxn,' ~hu
~mmission Expires
_ Yes /
Yo~ /
~UESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICATION FORMS TO THE BOARD OF APPEALS
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, please be sure to depict these areas on your survey
(or certified sketch), to scale, and submit other supporting documenta-
tion.
1. Are there any proposals to change or alter land contours
seaward of area under construction? Yes
Are there any areas which contain wetland grasses?
(Attached is a list of the wetland grasses defined
Town Code, Ch. 97 for your reference.)
by
Yes
3. Are there existing structures at or below ground level,
such as patios, foundations, etc? Yes
Are there any existing or proposed fences, concrete
barriers, decks, etc? Yes
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.
Yes
Yes
Yes
Yes
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 ~our ownership, if any)?
State Permit # and Nature:
NO~
lO.
11.
12'
13.
Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc.):
Planning Board Yes
Town Board Yes
Town Trustees Yes
County Health Department Yes
Village of Greenport Yes
N.Y.S. D·E.C. Yes
Other Yes
Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of'sale~(from contract). Yes
Is new construction proposed in the area of contours
at 5 feet or less as exists? Yes
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 Yes
the requirements of Ch. 97 of the Town Code?
Please list present use or operations conducted upon the
subject property at this time Condominium Units Residential
and proposed
I certify that the above statements are true and are being submitted
reliance by the Board of Appeals in considering my application.
Signature- ~rop~rty Owner) (Authorized Agent)
NOTARY ~B~Cl $~te ~ NeW York
~mmission Expires-~
for
R~80
HD
R-80
R~40
EAST
R-40
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of :
Crescent Beach (~nndom~nium A~O~.
to the Board of Appeals of the Town of Southold :
TO:
Greg Miller & others
60-67-68th Road
Ridgewood, New York
11227
NOTICE
TO
ADJACENT
PROPERTY OWNER
SCTM #1000-38.1-1-5
YOU ARE HEREBY GIVEN NOTICE:
1. Th~r1T'E'~ intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a ~(Special Exception) (Special Permit) (Other) [c±rcle choice]
).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Crescent Beach Condominium, Maple Lane, East Marion,
Town of Southold, New York SCTM# 1000-38.1-01-6
3. That the property which is the subject of such Petition is located in the following zoning district;
RESIDENTIAL
4. That by such Petition, the undersigned will request the following relief: GRANT_TNG T.qE
DECKS OR PATIOS OF UNITS TO BE ENCLOSED WITH GLASS WINDOWS.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article XXVII Section 100-271 (D)
[ ] Section 280-A, New York Town Law for appr0va] of access over ri§ht(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 ma), then and there
examine the same during regular office hours. (516) 7~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing,
Dated: ~q~c.x& ~'~ ~c{r~c~ . (
Pet i'~i o ~.j~ ~.'
Owners' Names
Post Office Address / WILLIAM 12.
SUITE ,3 CLAUSE GOMMON$
P.O. BOX 2U
MATT;TUCK, NY I
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
GREG MILLER & others
60-67-68th Road
Ridgewood, New York 11227
SCTM # 1000-38.1-1-5
Mr. Henry Paulisen & Wife
as trustees
Maple Lane; P.O.Box 152
East Marion, New York 11939
SCTM # 1000-38-8-1
Gusmar Realty
1307 37th Avenue
Long Island City, New York
SCTM # 1000-35-8-5.3
11101
Mr. James P. Kavenaugh
P.O.Box 223
Greenport, New York
SCTM # 1000-8-4.1
11944
PS Form 3800, June 1985
PS Form 3800, June 1985
PS Form 3800, dune 1985
STATE OF NEW YORK )
of /~
verse si~e ~reof, directed to each of the a~ove-nar
name; that the addresses set opposite the names o'
rice at ~,'~ ~, ; that said Notices were mailed to each of said persons by
(certified) ~
Sworn to before me this
day of/t~Jt II~L:~.~ . , , 19
Notary Public
W1LUAM D. MOORE
~ Public, State of New Yed~
No. 4832728
Qualified in Suffolk County
Commission Ex~ires January 31, 1990
(This side does not have to be completed on form transmitted to adjoining
property owners,)