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Home My WebLink About3704 Southold Town Board o£Appeals MAIN ROAD-$TAT/ RnAD 2.5 SDUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3704 Application Dated December 15, ]987 TO: Mr. and Mrs. James Meskouris 40-08 Morgan Street Little Neck, NY 11363 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February 2, ]988 the above appeal was considered, and the action indicated below was ~aken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×]Request for Varianc~ to the Zoning Ordinance Article II!, Section ]00-3], amd Article XI, Section 100-119.2 [ ] Request for Application of JAMES MESKOURIS. Variances to the Zoning Ordi- nance, Article III, Section 100-31, Bulk Schedule, as to excessive lot coverage, and Article XI, Section 100-119.2 as to construction within 100 feet of bulkhead and ordinary highwater mark along Long Island Sound, for the proposed construction of open decks attached to existing dwelling. Location of Property: 1400 Sound Beach Drive, Mattituck, NY; Cpt. Kidd Estates Lot #37; County Tax Map Parcel No. 1000-106-1-35. WHEREAS, a public hearing was held and concluded on January 1988 in the Matter of the Application of JAMES MESKOURIS under Appl. No. 3704~ and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is known and referred to as Lot No. 37 as shown on the 1949 Map of Captain Kidd Estates filed as Map No. 1672 in the Suffolk County Clerk's Office. 2. The subject premises fronts along the north side of Sound Beach Drive 50.23 feet, contains a total lot area of approximately 9073 sq. ft. and is improved with a single- family dwelling having a floor area of 1176± sq. ft. and accessory dollhouse structure containing an area of 58.32+ sq~ ft., all as more particularly shown by survey prepared April 17, 1986 by Peconic Surveyors & Engineers, P.C. 14, (CONTINUED ON PAGE TWO) DATED: March 2, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS ! Page 2 - Appl. No. 3704 Matter of JAMES MESKOURIS Decision Rendered February 2, 1988 3. The subject premises is located in the "A" Residential and Agricultural Zoning District which requires minimum sideyards at 10 and 15 feet and maximum total lot coverage up to 20 percent of the lot area. 4. Article XI, Section 100-119.2, subparagraph A(1) requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred [100] feet from the ordinary highwater mark. 5. For the record it is noted that: (a) the N.Y.S. Department of Environmental Conservation by letter dated July 30, 1987 determined that no permit is necessary under Article 25 of the Environmental Conservation Law, and (b) the Southold Town Trustees waived jurisdiction by letter dated August 28, 1987. 6. By this application, appellant is proposed to construct an open wooden deck at the rear (north) end of the existing dwelling, extending to the nearest existing concrete block wall not more than 19 feet, leaving a setback from the tie line along mean high water at 60* feet, and from the furthest wood bulkhead at 17 feet at its closest point. The width of the deck at its widest point is proposed at 50.02 feet. Also proposed is an open deck area along both sides of the dwelling from the rear of the house and extending southerly to the existing planter and stoop areas, all as shown by the sketched survey submitted with this application. 7. The and proposed total lot coverage requested for deck construction is ~559 sq. ft. the existing In considering this appeal, the Board also finds and determines: (a) that the relief requested is not substantial in relation to the mean highwater mark; (b) that the percentage of relief requested as to lot coverage is eight percent over the maximum-permitted; (c) that along the rear and both sides of this property are constructed concrete block walls, which lend to the uniqueness of this parcel and creation of the difficulties imposed herein; (d) that the circumstances are unique to the parcel and are not personal in nature; (e) that the construction as proposed is landward of the existing bulkhead and existing concrete block wall; (f) that there is no other method feasible for appellant to pursue other than a variance; (g) that this proposal would alleviate the multi-level situation of the rearyard and possible erosion in the future and which the Board finds are sufficient to warrant; (h) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests Page 3 - Appl. No. 3704 Matter of JAMES MESKOURIS Decision Rendered February 2, 1988 of justice will be served by granting the relief, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, to GRANT the relief requested in the Matter of the Application of JAMES MESKOURIS under Appeal No~ 3704, for the construction of open decks, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The decks be constructed at a height above grade not to exceed 16 inches (two 8" steps as proposed herein), 2. The decks remain open, unroofed and unenclosed at all times as proposed herein; 3. The decks not be constructed past or over the existing concrete party walls; 4. That this construction shall not be used in deter- mining the average established setbacks for a principal building as to liveable floor area, etc. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was duly adopted. lk GERARD P. GOE~[RINGER, ~BAIRMAN March 2, 1988 / RECEIVED AND FILED BY SOUTIqOLD TO¥IN CLERK DATE ~/7/~q HOUR 3:/° Town Clerk, Town of. $outhol~_d__~ NOIICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Ccde of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall~ Main Road, Southold, New York, on THURSDAY, JANUARY 14, 1988 at the following times: 7:35 p.m. Appl. No. 3705 ARTHUR V. JUNGE for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to establish electrical shop use and construct two buildings located as shown on Site Plan dated March 10, 1987, prepared by John A. Grammas & Assoc. Zone District: C-Light Industrial. Location: North Side of C.R. 48, Cutchogue, NY, County Tax Map District 1000, Section 96, Block l, Lot 19, containing 45,589± sq. =t. in lot area. 7:40 p.m. Aopl. No, 3697 WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY; Cedar Beach Park Map No. 90, Lot 113; County Tax Map District 1000~ Section 90, Block 2, Lot 6. 7:45 p.m. ADO1. No. 3676 ANTHONY ROBUSTELLI. (Recesseo from December 10, 1987 as requested). 7:50 p.m. Appl. No. 3681 - ANTHONY AND ANGELA LEONE. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels proposed in this pending division of land, and establishing insufficient sideyard setback of existing dwelllng'an~ accessory storage building on vacant lot (Section 100-32). Location of Property: East Side of Deep Hole Drive, Mattituck, NY; County Tax MaD Parcel No. 1000-I15-13-12.1 (prev. ll and 12). Page 2 Notice of Hearings Southold Town Board of Appeals January t4, 1988 Regular Meeting 7:55 p.m. Appl. No. 3706 MANFRED E. KUERNER. Variances to the Zoning Ordinance, Articles III, Section 100-31, an~ XI, Section 100-119.2 for permission to construct additions to existing dwelling with a reduced southerly sideyard setback, insufficient total sideyards, excessive lot coverage and with an insufficient setback from bulkhead along "Old Cove~' at Arshamomaque. Location of Property: East Side of Carole Roae, Southold, 'NY~ County Tax Map Parcel No~ 1000-52-2-3. 8:00 p.m. Appl~ No. 3652 GUIDO AND ANNA CIACIA. Variances to the Zoning Ordinance, Article VI, Section 100-61, Bulk Schedule for approval of insufficient area~ width and depth of two parcels in this pending division of land located at the corner of the East Side of Kerwin Boulevaro and the South Siee of Main Road, Greenport. Zone District: B-Light Business. County Tax Map Parcel No. 1000-53-2-20~ Peconic Bay Estates Lots 178 and oart of 177. 8:10 p.m. Aopl. No~ 3704 - JAMES MESKOURIS. Variances to the Zoning. Ordinance, Article III, Section 100-31, Bulk Schedule as to excessive lot coverages and Article XI, Section 100-119.2 as to construction within 100 feet of bulkhead and ordinary high water mark along Long ~sland Soune, for the proposed construction of open decks attached to existing dwelling. Location of Prooer~y: 1400 Sound Beach Drive, Mattituck, NY; Cpt. Kidd ~_~Es.~ates Lot #37; County Tax Map Parcel No. 1000-106-1-35. 8:30 p,m. Appl. No. 3688 ANTHONY AND SALLY PIRRERA. Variance to the Zoning Ordinance~ Article III, Secbion 100-31, Bulk Schedule, for approval of insufficient width (frontage) of two parcels in this pending division of land. Location of Property: North Side of C.R. 48 (North Road), Greenport, NY; County Tax Map Parcel No. 1000-40-01-20, containing a total area of 5,20± acres. 8:20 p~m. Appl. No. 3698 - THOMAS ZIMMERMAN, Variance to the Zoning Ordinance, ~rticle XI, Section lO0-118E for approval of deck ane to rebuil,d/repair existing nonconforming structure which exceeds 50% of fair value of same and which exceeds those limita- tions of Prior Z.B.A. Appl. No. 3590 rendered March 5, 1987. Location of Property: 265 Rochelle Place, Mattituck, NY; County Tax Map Parcel No. 1000-144-04-09 ane 08, containing .60~ of an acre total. Page 3 - Notice of Hearings Southold Town Boara of Appeals Regular Meeting - January 14, 1988 The Board of Appeals will hear at saia time and place all persons or representatives desiring ~o be heard in each of the above matters. Each hearing Will not start before the time allotted. Written comments may be submitted prior to the con- clusion of the subject hearing. For more information, please call 765-1809. Dated: December 31, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda ~owalski~ Board Secretary ATTENTION NEWSPAPERS: Please publish once, to wit, THURSDAY, JANUARY 7, 1988 and forward Affidavits of Publication together with your bill and signed voucher to the Office of the Board of Appeals on or before January 12th. Thank you. TOWN OF SOUTIIOLD BUILDING DE?ARTMENT TOWN CLERK'S OFFICE £OUTItOLD. N.Y. NOTICE OF DISAPPROVAL File No ................................ To PLEASE TAKE NOTICE that your application dated ...~. ~%~...~..~ ...... 19 ~.~ .. for permit to const~ct .~.. ~~ ...................................... at House No. Street b/om/et County Tax Map No. 1000 Section . .'. J. ~.~.. Block ~ . Lot ....... ~ ...... Subdivision ................. Filed. Mai) No ................. Lot No .................. s reit rned herew th and u sapp ovcd on tile following grounds . .~..'99x...~.~. /.~r .~ Buikting inspector FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y, 11971 TEL,: 765-1802 Examined ................. 19... Approved ................. 19.. - Permit No ............ 'SETS OF PLANS 0-'-/%~-'-- ~'URVEY . ..O:.t~.... CHECK .......... SEPTIC FORM ............. CALl ................ Disapproved alc ..................................... (Building Inspector} .ON ............ Date .................. 19.. INSTRUCTIONS a. T?ds application must be completely filled in by wPewriter or in ink and submitted to the Building Inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b, Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stree or areas, and giving a detailed description of layout of property must be drawn on the diagram which is pa~ of this app cation. c. The work covered by tiffs application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such perm shall be kepi on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or zn part for any purpose whatever untfi a Certificate of Occupant shall have been granted by the Building Inspector. APPLICATION iS HEREBY MADE ro the Building Department for the issuance of a Building Permit pursuant to tl Building Zone Ordinance of the Town of Southold. Suffolk County, New York, and other applicable Laws, Ordinances, Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe The applicant agrees to comply with all apphcable laws, ordinances, buildin~ code. housing code. and regulation.s, anu admit authorized Iffspecrors on premises and in building for neq6ssary inspections. , t~ ~--(Signature of applicant, or u,me, if a co.poration} fMaiiing zddress of applicant) State whether applicant is [ownel/, lessee, agenL &rchitect~ engineer, general contrac[or, electrician, plumber Name of owner of premises4 .~.m. ?;.. g..C.b ?).-5....D? .~3..~. 9 ?.e. L'5. .......................................... (as on the tax roll or latest deed If applicant is a corporation, signature of duly authorized officer. (Name and title of co,orate officer) ALL CONTRACTOR'S MUST BE SUFFOLK COUNTY Builder's License No...C~.°-P. ~ ............. LICENSED Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... /'-/,dc, Location of land on ;vhich proposed wo[k will be do'ne...~...~..~Q.°.b:.4. ~.q .~gh .'~r: .*.fi ~(¢9~. ~.~ ',... ltouse I~umber ~ Street SO'riO b,q. xa~h D~n~,e~ Hamlet County Tax Map No. lO00 SectionJg~9.~.lP~7~Biock ~ ~[ Lot ~ aa' ' .............. (Name) State existing use and occupancy of premises and intenCed use aud occupancy of proposed construction: b~ Intended use and occupancy ....................... .~ ~. .......... -.. 3. Nature of work (check which applicable): New Building Addition . . 7'~ .... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... 0 (i)escrip'ti°n) 4. ~st~m~d Cos~ ...................................... Pee ...................................... (to be paid on fiI.ng .h: =t ph~a~on) 5. If dwelHng, number of dwelling units ............... Number of dwelling units on each floor ................ !f garage, number of ca~ ........................................................................ & ~[ business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dtmensions of same stpacture wlth mteratlons or additions: pront ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... ' 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... }~oht ....... Number nf Strides ........ % She of lot: Front ...................... Rear ...................... Depth ...................... ~ ,=t~ of Purchase ... Name of i-ormcr Owner i !. Zone or use district ~n which premises are situated .................................................. 13. Wilt lot be regraded ...... ; ..................... Will excess fill~be removed from ~remises: Yes No, !4. Name of Owner of premise~.~~oo~ AddressqO-o% Nane of Architect ............ Add.e~ 15. Is this property located within 300 feet of a tidal wetland? *Yes ..... No ~.. *if yes, Sou=head To~ Trustees Permit maX be reouired. PLOT DIAG~M Locate clearly ~d distinctly ~I bu~dLngs, whether existing or proposed, and indicate al! set-back dimensions from property hnes. Give street ~d block number or description according to deed, and show street names and mdmate woeJ er interior or corner lot. :~A ~: 0~' NgW YORK, COUNTY OF .. ~ .............. S.S ~ (Name oginaMduat signing contract) . . d'(~gt~, agent: corpo:aV; officer, etc.) oC. smd owner or owne,s,', ~ mhd is duly aurae iPerform' or ~have p, erfonned the sa~d" ~vork and to mm4e' and file ~'.nis application; that all statements contained N this application =re true to the best of bis knowledge and belief; and that the work w~l be perfo~ed in the mmnner set forth in the applicarion filed therewilh. Swell re b~fore me this ........ '-.-~.~ ......... day of 19~.7 Notary. Public ...... i County q,,~, ,,~ ( ,, (Signature of applicanO TOWN OF SOUTHOLD, NEW yORK 'TO THE ZONING BOAJ~D OF APPEALS; TOWN OF ,. ........ o, __ Name of Appellant , ,Street and Numar ......... ck ......................... .......... MunicipalityState 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~ ~ ; , . ~ ..................................... .g .............................................. g: ....................... Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY (.~...t~.,.'~...~ ...~._.=~.,.¢.~.h..~..~'l~.,~.,~ ..~...6k ~,~, ' '- Street /Hamlet / Use Distric~ ';~"~o~;J~;~';~;~ District 1000 Section Block~ LotgS-Jrcurrent ............................. ................................... : ................. 0~ne r .~,, ~ ~.~'1 u..,,,,, r, ~ .~ · ,.~ r,~.-~,~', g.- -- _ Mgp No. Lot NO. Owner~r~p_j~.~D~lr~i~4ol, ~O.~oLh /e~c~-- Jo~-- O,~/ -(;~,~ Prior 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- secti.on and Paragraph of the Zoning Ordinance i'll~l'(le-b~v"-nymb?r' ~_/t quote the Ordinance.) Article-''[%~-~- SectionIoo-'~! ' ~r~*, 1'0o-' { lcj.~ ~- 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) I~) A VARIANCE to ti/e, Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREV OUS APPEAL A prewous appeal ~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a soecial permit ( ) request .for c variance and was made in Appeal No ................................ Dated ..................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ) A V~dance to the Zoning Ordinance ,s requested for the reason that ~ ~'~ 1~.~'~/¢:~_ t Fora Z~I ,, . -- . ~Continue on other side) 0 IRVEYORS 5020 P.O. BOX 909 ~AIN ROAD $OUTROLD ~ N.Y. 11971 LOT 38 N.Y.S. DRIVE 183. e,+°1 _./ LOT 36 LIC. NO. 49618 ~ EN6INEERS , P. C. CERTIFIED TO : FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK. SOUTHOLD SAVINGS BANK JAMES MESKOURIS CHRIS MESKOURIS Prepared in accordance with the minimum .~i.andc~rds for title surveys as established by ,,e LLA. L$. and approved and adopted tar such use by The New York State Land Title Association. 0 co SURVEY OF LOT :57 MAP OF CAPTAIN KIDD ESTATES BLOCK 2 FILED JAN. 19, 1949 FILE NO. 1672 ,AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. fO00 " 106 OI 3.5 SCALE I"= 20' APR. I~, 19B6