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HomeMy WebLinkAbout38424 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 souT oLD otm .' ~ow~ CZe~k ~o~ o~ Soa~oM ~ 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 ,..~ ,..~.. / '? 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 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 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 113 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. RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 114 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 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 t2 13 14 15 16 17 18 19 2O 21 22 23 24 25 115 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. RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 116 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 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 117 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 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MOORE: Those were the the water. MR. GOEHRINGER: buildings primarily. MS. MOORE: of the building. They park 118 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 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 doesn't necessarily mean that whoever there was probably a transient person 119 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. RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 120 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 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 121 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 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 122 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 RAM COURT REPORTING SERVICE (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 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 T (~. ,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~;-~"¢ ~ ..;~ ~:'~ , i , i ..... ,~ · ~.~ ~,/~ < .... ,,, ',-,[~~/I iii/ ~ ~,;~ ~ ~I II 'il II I Ill /I .lllll . 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,)