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HomeMy WebLinkAbout3768 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 SDUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Application of FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31, for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over 20 percent), at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of FRANK AND SANDRA CURRAN under Application No. 3769; 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 made the following findings of fact: 1. The premises in question is known and referred to as 780 Haywaters Road, in the Hamlet of Cutchogue, Town of Southold, is identified as part of Lot #45, part of #27, and Lot #26, on the Maps of "Peconic Bay Properties" at Fisherman's Beach, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 111, Block 1, Lot 16. 2. The entire premises has frontage along the north side of Haywaters Road of 120+- feet in length and varied depths of 128 and 100 feet. The subject premises is presently improved with a single-family dwelling structure as more particularly shown on the August 3, 1988 sketch submitted for consideration. Page 2 - Appeal No. ~9 'Matter of F.P~ ANDSDDRA CURRAN Decision Rendered October 26, 1988 3. The setbacks of the existing dwelling are shown on the sketched submitted hereunder to be: (a) 12 feet at the northwesterly corner of the dwelling to the westerly side property line (along the bulkhead); (b) seven feet, more or less, from the nearest northerly {rear} property line; (c) 19 feet, more or less, from the easterly side property line at its closest point; (d) 51+- feet from the front property line along Haywaters Road. 4. Article III, Section 100-31, Bulk Schedule, Column "A-40" of the Zoning Code requires a minimum frontyard setback at 35 feet and maximum total lot coverage at 20 percent. 5. Section 100-33 permits the "...average setback of the existing dwellings within 300 feet of the proposed...on the same side of the street, same block and same use district .... " 6. The location of the proposed pool and fence enclosure is within the frontyard area. The setback is requested at 12 feet for the fence from the westerly side property line and at 30 feet from the front property line. 7. The total lot coverage of the existing dwelling is shown to be 19,080 sq. ft. (inclusive of land underwater), or 15,470 of the upland area. The square footage of the house is given at 3066 sq. ft., and the coverage for the pool and deck is given at 833 sq. ft. The percentage of the existing dwelling coverage is 19%, and the total percentage if this variance is granted is shown to be within a half percent of 25% (25 - 25-1/2%). 8. It is the position of this Board that in considering this application, the nonconformities of the lot and limited buildable area do lend to the nature of the practical difficulties. The relief requested is the minimal necessary and the Board agrees the request is not unreasonable under the circumstances. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested in the Matter of the Application for FRANK AND SANDRA CURRANunder Appeal No. 3768 as applied under Appeal No. 3768, SUBJECT TO THE FOLLOWING CONDITIONS: Page 3 - Appeal No. ~9 'Matter of FRANK AND SANDRA CURRAN Decision Rendered October 26, 1988 1. The total lot coverage shall not exceed the amount requested (at 25+-%); 2. Screening with three-ft, high evergreens every six feet be placed and continuously maintained on the outside of the fence enclosure; 3. The new construction remain open and unroofed (as applied)-. 4. There be no lighting which may be adverse; 5. The pool construction not be elevated more than three feet above grade level (with the exception of minimal step areas). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio. (Members Doyen and Sawicki were absent.) resolution was duly adopted. Grigonis and This lk SERARD P. GOEH~INGER ~/ CHAIRMAN $outhold Town Board of Appeals MAIN ROAD- STATE RI~AD 2~ SnUTHDLD, L.I.. N.Y. 11:371 TELEPHONE ~516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. JOSEPH H, SAWICKI NOTICE OF HEARINGS NOTICE IS HEREBY GIVE~, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 6, 1988 at the following times: 7:35 p.m. Appl. No. 3765 - JOSEPH SPITALIERE for a Variance to the Zoning Ordinance, Article III, Section 100-31 for the placement of a new dwelling structure with a reduced setback from the front property line. Location of Property: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as 1000-90-4-14. cV 7:40 p.m. Appl. No. 3768 - FRANK_AN~ SANDRA_ CURP~ _ for a ~ riance to the Zoning Ordinance, Article III, Section 100-31 for~ nstruction of a pool with deck and fence enclosure with an ~ insufficient frontyard setback and excessive lot coverage (over ~ Page 2 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals ' 20 percent), at premises known as 780 Ha!n~aters Road, Cutchogue, ( County Tax Map Parcel No. 1000-111-01-016. 7:45 p.m. Applo No. 3763 - JOHN J. JESSUP for a Variance to the Zoning Ordinance, Article III, Section 100-31 for construction oi an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759 - TONY SCARMATO, INC. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient setback from an existing bulkhead along Peconic Bay, 235 Huckelberry Mill Road, East Marion, NY; Parcel No. 1000-31-16-9. at premises known as County Tax Map 7:55 p.m. Appl. No. 3755SE - TIMOTHY COFFEY AND THE COVE AT SOUTHOLD~ INC. Special Exception to the Zoning Ordinance, Article III, Section 100-30C, for permission to erect Page 3 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals off-premises sign. Location of Property: South Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 p.m. Appl. No. 3758 - THEODORE KUDLINSKI, JR. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct open deck addition with an insufficient rearyard setback from exzsting dwelling, at premises known as 605 Highwood Road, Southold, NY; "Highwood at Bayview" Subdivision Lot No..~8, County Tax Map Parcel No. 1000-78-9-50. 8:05 p.m. ELSIE D. YOUNG. Appl. No. 3760SE - Special Exception to the Zoning Ordinance for permission to establish Accessory Apartment in an existing dwelling structure in accordance with the requirements of Article III, Section 100-30B, subsection 15. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. Appl. No. 3761-V - Variance to the Zoning Page 4 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals Ordinance, Article III, Section 100-30BI15){M} to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met the requirements for a Certificate of Occupancy had application been made in a timely fashion. Location of Property: 480 Grissom Lane, Southold, NY; County Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. JOHN T. BEEBE - Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two propQsed parcels in this proposed set-off division of land, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. 8:20 p.m. ROBERT AND DIANNA BAKER. Special Exception to the Zoning Ordinance, Article III, Section 100-30B[16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. Page 5 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:30 p.m. Appl. No. 3779 - PETER AND DESPINA MARKOPOULOS for a Variance to the Zoning Ordinance, Article III, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of structure(s) with reduced sideyards, at premises known as Lot 916, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Parcel No. 1000-99-1-24. 8:40 p.m. Appl. GRISTINA VINEYARDS). Article III, Section NOo 3769SE - CUTCHOGUE FARMS LTD. (a/k/a Special Exception to the Zoning Ordinance, 100-30B for permission to establish Winery, at premises located along the north sid~ of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 3764 DENIS O'BRIEN for Variances to the Zoning Ordinance, Article III, Section 100-31 and Article XI, Section 100-119.1 for permission to erecu tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suffolk County Tax Maps as District 1000~ Section 3, Block 3, Lot 3.5, along Private Road, Fishers Island, NY. Page 6 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 8:55 p.m. Appl. No. 3778 - BRETT AND JANET KEHL- Variance to the Zoning Ordinance, Article III, Section 100-32 and removal of Conditions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. NOo 3774SE - H & S ASSOCIATES Special Exception to the Zoning Code, Article VII, Section 100-70B for permission to construct addition to existing building, (maintaining the westerly yard setback~ for use partly ~or sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. 9:15 pom. Appl. No. 3776 HOWARD AND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(15) for permission to establish Accessory Apartment in a proposed addition to existing dwelling, at premises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. Page 7 - Notice of Hearings Regular Meeting of October 6, 1988 Southold Town Board of Appeals 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 For more information, will not start before the time allotted. please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski Notice to Newspapers: Please publish the above Legal Notice once, to wit, Thursday, September 29, 1988 and forward 11 Affidavits of Publication to: Board of Appeals, Main Road, Southold, NY 11971. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL 19 7.~.. . . 1 .............. . i.'~...~x~...'~...~...~.... !!.%~..~. ......... PLEASE TAKE NOTICE that your application dated ~~ ~ . , 19 ~ ~ Location of Property ~ ~8 ~4~x ~ ...~.~~ ......... County Tax Map No. 1000 Section .... [~ [ ....... Block ...... ~. l ..... Lot ... ~ ~ ~ .... ~. Subdivision ................. Filed Map No. ~ ............... Lot No..~ .... ~ ....... is returned herewith and disapproved on the following grounds. 0.~ ~ ..~..~.~..~t~ ./..aR 2 .~ ! -/~ ~ ~~ Building Inspector RV 1/80 APPEAL FROM DECiSiON O~ BUilDiNG ~NSPECTOR TO THE ZONIN BOARD OF APPEALS, TOWI~O~50~UT~I.~_ ~N.o'~,~~ Name of Appellant Street and Number~ ....~.e..o..q~.q .............................................................................. ~ ................. 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 perFnit of ...1O. Z~...I.~ ~.t..~.....~e...q k ...~.~ ~.e ........ ~.~.~o. nz~. ..................... ~. ......................... Street and Number Municipality State ( ) PERMIT TO USE (). PERMIT FOR OCCUPANCY (z)~ ' i.~ LOCATION OF THE PROPERTY .?.SO...H~'~-~'t~e~,zB....~o~,cl.....g~,b~o~ze...~ .................. : ........ · Street /Halil l e:~. / Use District on Zoning Mop Oistric"t 1000 sectiontllBlodO1 Lot o16current Owner 2q~nk & ~,an~,~ OU~ Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance ) Article iii Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (][ A VARIANCE to the Zoning Ordinance or Zoning Map ( A VARIANCE due to lack aT access ' (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 PREVIOUS APPEAL A previous appeal ~has not) been mode with respect to this decision 4. of the Building Inspector~espect to this~propert~'"'~ ~'~ Such appeal was ( ) request for a special permit ( ) request for a variance ana was made in Appeal No....2.9'1~ ................... Doted ....~0/.~..~..~. ............................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE oRDINANCE would produce practico~ difficulties or unneces- sary HARDSHIP because the area show'.rt-~s ¢ '~uhe ~' creek e~ge beof~a it was buikheade~ a large er~y is cow underwater~ hence a highe~ thaa 2. The hardship created is UNIQUE and is not shored by oil properties alike in the immediate vicinity of this property and in this use district because of ire s£~e~ ~'~e~ o~igi~ai ~ee~ed lot w~s muo~ larger ~ has ~ro~e~ till ~olkhea~i~ ins~alle~. Now a poo! can oal~ ~ placed in the location shown, Part of the normal oDsn space on the lot is mow still o~en~ but 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHAN(~E THE CHARACTER OF THE DISTRICT because many home s 2. D the N~sazz ~ ~ ~ ~Share the same situatioa~ ~ ~ of ~ ~' ~ ~ ~ *oZn~ viciai~y ~ha ~~ e.oslon causir~ lot st~e reduction. cud the asea for reduced si~s yard set backs as can ~ se~n quit~ easily ia ~he Pishermaa's Beach area. STATE OF NEW YORK ) ss COUNTY Sworn to this // day of 19 ~otory Public ~ FARM W RECOED -CARD DISTRICT SUB. TYPE OF MISC. Tillabli Extens%'~7 Deck B reezewa, Garage Foundation Basement Ext, Walls Fire Place Pool Patio Driveway Floors Interior Finish Heat Attic Rooms 1st Floor Rooms 2nd Floor H fK',f W'A'T £ R. S ~0' _ ....... ALL PROPFR%IE5 ABo'gE /-t1¢_:,t/W/~}'EP-, ' ~" ~t~old Town B~ard of Appeals -49- November 5, 1981 RESERVED DECISION: Appeal No. 2912. Upon application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in the sideyard area at 780 Fishermen's Beach Road, Cutchogue; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of 27; County Tax Map Parcel Item No. 1000-111-1-16. The public hearing concerning this appeal was held earlier this evening, at which time decision was reserved. By this appeal, applicants seek permission to construct an accessory building (proposed shed) containing a square foot- age of 312 square feet, in the sideyard area with a setback from the easterly sideyard line of not less than three feet and a setback from the northwesterly end of the rear yard property line of six feet. The premises in question contains an area of 15,470 square feet with road frontage along Haywaters Road of 120 feet. The premises is improved with'a substantial one- family dwelling and newly constructed addition, containing a total area of approximately 3,130 square feet. The applicant's agent has submitted for the record the percentage of lot cover- age which has been provided by Roderick VanTuyl, P.C., licensed surveyor, of which the existing dwelling with new addition covers 20% of the lot, and together with the proposed shed covers 22%. The board does find that the premises contains no practicable buildable rearyard area, and the location of the existing dwell- ing lends itself to the practical difficulties in locating the proposed shed in the sideyard area. The board agrees that the proposed location of the shed is the most feasible and practical under the circumstances; however, Section 100-31, Bulk Schedule, of the code requires a maximum percentage of lot coverage to be 20%. Therefore, it is the determination of this board that the size of the new accessory building be reduced to 200 square feet, or, that 112 square feet of'building area be eliminated from either structure (the shed or the dwelling), which will be within the spirit of the zoning ordinance. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. was On motion by Mr. Goehringer, seconded by Mr. Grigonis, it RESOLVED, that the application of Frank Curran and wife, Southold Town Board of Appeals Appeal No. 2912 be GRANTED, -50- November 5, 19~~' SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the shed shall not exceed 200 square feet in' area when using Roderick VanTuyl, P.C.'s calculations as to lot coverage; (2) That the setback of the shed will be a minimum of 10 feet from the existing bulkhead and a minimum of five feet from the side yard property line; (3) storage ); That the shed shall not be for habitable use (strictly (4) That the shed be not more than one-story; (5) That this matter be referred to the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. Location of Property: 780 Fisherman's Beach Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-1-16. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. This resolution was RESERVED DECISION: APPEAL NO. FL-9. unanimously adopted. Upon application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Flood Damage Prevention Law, Chapter 46-8~ Sections 46-17, 46-18, 46-19, for permission to construct improvements exceeding 50% of the market value of existing structure, with base floor below the 8-foot minimum elevation above mean sea level in a Zone A, at 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, Xnc.; Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel No. 1000-111-1-16. The public hearing concerning this appeal was held earlier this evening, at which time decision was reserved. The Board made the following findings and determination: By this appeal, applicants seek approval of the construction of an addition containing square footage of approximately 270 to be located at the southerly end of the existing one-family dwelling with a setback of approximately 63 feet from Haywaters Road and .approximately 20 feet from the side property line (abutting Lot 25), and permission to construct new accessory storage shed containing an area of 312 square feet, both structures of which the building inspector concludes to exceed 50% of the market value and which ·· '. ,S°uth°ld Town Board of Appeals -5~- November 5, 1981~ (Appeal FL-9 - Frank Curran, continued:) should therefore comply with all constructions methods and res- trictions in this A-4 Flood Zone. The premises in question contains area of 15,470 square feet with road frontage along Haywaters Road of 120 feet. The premises is improved with a substantial one- family dwelling and newly constructed addition, containing a total area of approximately 3,130 square feet. The ground eleva- tion above mean sea level is 5-8 feet at the westerly side of the existing dwelling and 8-5 feet at the easterly side of the existing dwelling. The proposed shed will have a slab foundation without crawl space area at 5-9 feet above mean sea level. The Flood Insurance Rate Map (FIRM) indicates that the property is located in a A-4 Flood Zone with a minimum elevation at 8 feet above mean sea level. The Board finds that'there are homes in the neighborhood of the lot in question of similar size, and the dwell- ings' lowest floors are constructed below the minimum base flood level. The Board also finds that the lot in question meets the standards set forth in Section 46-16A of the Code since it contains an area of less than one-half acre and is contiguous to and sur- rounded by lots with existing structures constructed below the base flood level. In passing upon this application, the Board has considered all technical evaluations; all relevant factors; all standards specified in the Code; and all of the applicable factors contained in Section 46-15B, subdivisions (1) to (11), inclusive, of the Code. The Board further finds and determines that: (1) There is a good and sufficient cause for the grant of this variance; (2) A failure to grant the variance would result in exceptional hardship to the applicant; (3) The grant of a variance will not result in increased flood heights, or additional threats to public safety, or extraordinary public expense, or create nuisances, or cause fraud, or victimize the public, or conflict with existing local laws or rules or regulations. On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the application of Frank Curran and wife, Appeal No. FL-9 BE AND HEREBY IS GRANTED a Variance from the Pro- visions of the Flood Damage Prevention Law of the Town of Southold to construct addition and accessory storage building with minimum base flood elevations as applied for, on premises known as 780 Fishermen's Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel No. 1000-111-1-16, SUBJECT TO THE FOLLOWING CONDI- TIONS: (1) That prior to the commencement of construction, the applicant apply for and obtain a Development Permit from the Town Building Inspector, pursuant to the provisions of the Flood Damage .d Town Board of Appeals -5~- (Appeal FL-9 Frank Curran, continued:) November 5, 1981 Prevention Law; (2) That there shall be no habitable (living) area at any time below the requested minimum base flood level; (3) That there shall be no habitable living area below the first floor of the new addition, such as cellar, basement, utility or storage areas; AND IT IS FURTHER RESOLVED, that pursuant to the Provisions of Section 46-16F of the Code, the applicant is hereby.given notice that the structure for which this variance is granted will be per- mitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; AND IT IS FURTHER RESOLVED, that the Secretary to this Board transmit copies of this determination to' the applicants and to the Town Building Inspector. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. This resolution was unanimously adopted. Richard J. Cron, Esq. and Arthur M. Schwartz, M.D. appeared before the board tonight at the advice of the Chairman to discuss a right-of-way which will be the subject of a variance application for "approval of access." Apparently, Mr. Cron and Dr. Schwartz misunderstand that an application should have first been filed before discussing this matter. Mr. Cron said they will file an application as early as possible. RESERVED DECISION PENDING in the matter of APPEAL NO. 2893 MATTITUCK AIR BASE. The board agreed to deliberate and research this matter further, and that a Special Meeting is hereby scheduled to be held next Saturday morning at approximately 9:15 a.m. Being there was no further business properly coming before the board at this time, the Chairman declared the meetng adjourned at approximately 11:30 p.m. APPROVED__ Chairman Board o/Appeals Respectfully submitted, Limda F. Kowalski, Secretary Southold Town Board of Appeals Page 3 - Appeal No.~69 Matter of FRANK AND~J~NDRA CURRAN Decision Rendered October 26, 1988 1. The total lot coverage shall not exceed the amount requested (at 25+-%); 2. Screening with three-ft, high evergreens every six feet be placed and continuously maintained on the outside of the fence enclosure; 3. The new construction remain open and unroofed (as applied): 4. There be no lighting which may be adverse; 5. The pool construction not be elevated more than three feet above grade level (with the exception of minimal step areas). Vote of the Board: Ayes: Messrs. Goehringer, Dinizio. (Members Doyen and Sawicki were absent.) resolution was duly adopted. Grigonis and This lk CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: Victor G. FROM: Gerard P. DATE: June 15, RE: Lessard, Principal Bdlg. Insp. Goehringer, Chairman Z.B.A 1990 Frank and Sandra Curran Variance Appeal No. 3768 In response to your letter of February 8, 1990 regarding the above Appeal. The applicant had applied for a pool and deck with excessive lot coverage, therefore, the above application does not pertain to an addition. VICTOR LESSARD PRINCIPAL BUILDING INSPECTOR (516) 765-1802 FAX (516) 765-1823 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD February 8, 1990 FROM: SUBJECT: GERARD GEOHRINGER CHAIRMAN Z.B.A. G. LESSm U)'-' PRINCIPAL BLDG. INSP. FRANK & SANDRA CURRANVARIANCE APPEAL NO. 3768 The D.E.C. turned down request on swimming pool. Front yard reduction no longer required. Would like to use excessive lot coverage granted to build addition. Is this permitted under your Appeal #3768 variance approval? Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWiCK[ JAMES DINJZIO, JR. UPDATE FOR THE FILE RECORD Appl. of Frank and Sandra Curran (1988). Peter Stoutenburgh called today and confirmed that in his recent discussions with Mr. Curran, the Currans would like to plan for their retirement home and possibly in the future construct an addition around the pool (enclosure). Condition No. 3 of the Board's decision limited the construction to the extent applied for, for an "open" pool without roofing, etc. but with fence enclosure. Pete was advised that a formal application would be necessary with the Board of Appeals. Pete said he had planned to file the application (possibly in the Fall) before proceeding with the construction of the pool. lk 1/16/89 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE LEE E, KOPPELMAN OIRECTOR OF PLANNING 360-5206 November 22, 1988 /~-z<''4'- /~,-,--/~f .z~_ 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 Commnission 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) /~ramk & Sandra Curran l~Ater & Despina Markopoulos 3769 3779 Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN RnAD- STATE ROAD 25 ' SnUTHOLD, L.I., N,Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI James Dinizio, Jr. Pursuant to Article XII! 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: X Variance from the Zoning Code, Article IZI, Section 100-31 Variance from Determination of South6ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3769 Applicant: Location of Affected County Within x Frank and Sandra Curran Land: 780 Haywaters Road, Cutchogue, NY Tax Map Item No.: 1000- 111-1-16 500 feet of: ?own or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Land Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to~ool and deck and fence enclosure with insufficient frontyard setback and excessive lot coverage. Copies of Town file and related documents enclosed for your review. Dated: 11/9/88 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. llcJ?l TELEPHONE (516) 765-1809 November 4, 1988 Mr. Peter R. Stoutenburg Environment East, Inc. 3075 Indian Neck Lane Peconic, NY 11958 Re: Appeal No. 3768 - Frank and Sandra Curran Dear Pete: Transmitted herewith for your file and perusal is a copy of the determination rendered by the Board of Appeals concerning the above application. Please be sure to return to the Building Inspectors' Office, and any other agencies which may be involved, for other actions or permits which are appropriate. Copies of this decision have also been furnished to the Building Department Office to update their files. Yours very truly, GERkRD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Suffolk County Department of Planning TOWN OF SOUTHOLD ZONING BOARD OF APPEALS REGULAR HEARING OF THURSDAY, OCTOBER 6, 1988 Appl. No.: 3768 Applicant(s): FRANK AND SANDRA CURRAN Locatio. of Property: 780 Haywaters Road, Tax Map ID No.: 1000- ill- - ~-16 Cuthogue October 6, 1988 Regular Meeting Present were: Chairman Gerard P. Goehringer; Member Charles Grigonis, Jr.; Member Serge Doyen, Jr.; Member James Dinizio, Jr. Absent was: Member Sawicki (due to serious family illness). Also present were: Board Assistant Linda Kowalski, and approximately 40 persons in the audience. The Chairman read the Legal Notice for this hearing, as published in the suffolk Times and L.I. Traveler-Watchman, Inc. CHAIRMAN GOEHRINGER: I have a copy of a survey of pretty much of all of Fisherman's Beach from Roderick VanTuyl P.C.'dated September 6, 1988 indicating the approximately placement of a pool 30 feet from what they call Haywaters Road. Basically a private road and an extension of. And 12 feet from the west property line. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. I have a sketch of the individual piece of property which appears to be drawn to scale requesting a swimming pool of approximately 21 at its widest point and 27 at its longest pool with an enclosed deck area around the pool of approximately 30 by 34 and as wide as 37. Peter, would you like to be heard on behalf of this application~ MR. STOUTENBURGH: We were hoping that the market survey there that VanTuyl had done to give you some definite setbacks off of that private road where there are garages and dwellings in the area. Just so that you could see that we weren't asking for an awful lot on the five foot reduction of the frontyard. And we just hit the ones that were very obvious. There are a couple of others in there that are Within a few feet. ~I think the biggest thing there is the amount of land that actually were in the original deeds, were not looking for pool or deck area unless you got about a 25% lot coverage. As you can see, some of the lot and I believe you have the survey that indicates where the original property had been before the erosion problem in that area. What we're asking now and the exact sizes of the pool, the deck is very slightly. Although we're not looking to occupy any more land even though the pool is wider. The area that is indicated by the deck is as extended as far as we'd like to go. We're only asking for 20% or 21.4% of the overall deeded land. I think that's pretty much the way it was presented to you. Do you have a copy that gives you the percentages? Paqe 2 - Thursday, October 6, 1988 Public ~earino · FIK A~D SANDP~ CURRAN ~Southold Zoni~g~Boa~ of Appeals CHAIrmAN GOEHRINGER: Yes I do. It says 19% existing house and 25% house and pool. Is that it? It's broken down to percentage. MR. STOUTENBURGH: Yes that's the one. CHAIrmAN GOEHRINGER: How deep is the pool? MR. STOUTENBURGH: The pool is probably just going to be six foot as best we can get do%~ there because of the heighth above water. CHAI~{AN GOEHRINGER: And is it going to be built at grade or above grade? MR. STOUNTENBUP~H: Basically it's going to be as low as %~e can get it. I don't know if we can go all the way down there. If you no- tice we have a pipe to determine the depth that we can go with the gunite pool there. It appears to be 18 to 24 inches out of the ground but it would appear to be out that much because of the deck structure that's built around it. CHAIrmAN GOEHRINGER: Will there be any screening around the pool? ~R. STOUTENBURGH: Yes. I believe the one survey that you've got there shows where the driveway will not be the complete "U-shaped" driveway. It will be landscaped there. CHAI~N GOEHRINGER: Well, there~is no one specifically to the west because that's a marshy piece on the west side. It's just that if the pool stuck four foot out of the ground, it would be rather obtrusive to the neighbors and to the owners too I suppose. Ok. And there's no indication of enclosing the pool. Did I ask you that question? MR. STOUTENBURGH: No sir. CHAIrmAN GOEHRINGER: Alright. I guess that pretty much covers it. I thank you. Is there anybody else that would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? Hearing no further questions, I'll make a motion closing ~he hearing reserving deci- sion until later. Ail in favor - AYE. Environment East, Inc. R. R. No. 3 - 3075 Indian Neck Lane Peconic, New York 11958 516-734-7474 Suptember 20, 1988 Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 To Whom it May Concern, Enclosed is a copy cf a survey of the Fisherman's Beach area of Nassau Point. Please include it with the application for variance for Mr. & Mrs. Frank Curran. This is bein~/~ed to show existing condtions in the area. / / Tnanl~ y~u ~oVu assitance with this application. Sincerexy, Peter.R. St~tenburgh ~r~si~ent~ Envi r onn~ ~, Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS October 6, TELEPHONE (516) 765-1809 1988 GERARD P. GOEHRINGER, CHAIRMAN S .E · Q o R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3768 PROJECT NAME: FP~NK AND SANDP~ CURRAN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the.N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly knQwn as: 780 Haywaters Road, Cutchogue, 'Ny 111-1-16 ' REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Southold Town Board of Appeals, Town }fall, Southold, NY 11971; 765-1809 or 1802. ' ' Copies of this notice sent to the applicant or his agent on the Town Clerk Bulletin Board. Secretary, tel. 516- and posted mc NOTICE OF HEARING__S' 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 ~ WN BOARD OF APPEAL at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 6, 1988, at the following times: 7:35 p.m. Appl. No. 3765-- JOSEPH SPITALIERE for a Variance to the Zoning Ordi- nance, Article Ill, Section 100-31 for the placement of a new dwelling structure with a re- duced setback from the front. property line. Location of Pro- perty: Right-of-way located along the east side of Cedar Beach Drive, Southold, (just south of General Wayne Inn) and extending in an easterly and thence southerly direction to this parcel identified on the Suffolk County Tax Maps as- 1000-90-4-14. 7:40 p.m. Appl. No. 3768-- FRANK AND SANDRA R- RAN for a Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31 for construction of a pool with deck and fence en- closure with an insufficient fromyard setback and excessive] lot coverage (over 20 percent), at/ premises known as 780 Hay.! waters Road, Cutchogue, NY;I County Tax Map Parcel 1000-111-01-016. 7:45 p.m. Appl. No. 3763-- JOHN J. JESSUP for a Vari- ance to the Zoning Ordinance, Article Ill, Section 100-31 for construction of an addition at the westerly side of the existing dwelling with a reduction in the total sideyards, at premises known as 90 East Road, Cutch- ogue, NY; County Tax Map Par- cel No. 1000-110-7-15. 7:50 p.m. Appl. No. 3759-- TONY SCARMAID. IN~?, for a Variance to the Zoning Ordi- nance, Article XI, Section 100-119.2 for approval of gazebo structure with an insufficient~' setback from an existing bull,- head along Peconic Bay, at pre. raises known as~ 235 Huckelberry Mill Road, East Marion, NY; County Tax Map Parcel No. 1000-31-16-9. 7:55 p.m. Appl. No. 3755SE THE COVE AT SOUTHO! INC. Special Exception to the Zoning Ordinance, Article 111, Section 100-30C, for permission to erect off-premises sign. Loca- tion of Property: South Side of Main Road, Somhold, NY; County Tax Map Parcel No. 1000-75-06-7.3. (Recessed from Prior Meeting). 8:00 p.m. Appl. No 3758-- THEODORE KUDLINSKI, JR. Variance to the Zoning Ordinance, Article ltl, Section 100-31 for permission to con- struct open deck addition with an insufficient rearyard setback from existing dwelling, at pre- mises known as 605 Highwood Road, "Highwood at Eayview" Subdivision Lot No. 8, Southold, NY; County Tax Map Parcel No. 1000-78-9-50. 8.<)5 p.m. ELSIE D. YOUNG. Appl. No. 3760SE--Special Exception to the Zoning Ordi- nance for permission to estab- lish Accessory Apartment in an existing dwelling structure in ac- cordance with the requirements of Article Ill, Section 100-30B, subsection 15. Location of Pro-. perty: 480 Grisson Lane, Southold, NY; County Tax Map Parcel No. 1000-78-1-10.3. AppL No. 3761-V--Variance to the Zoning Ordinance, Arii- cie Ill, Section 100-30B(15)[M] to allow conversion of dwelling for Accessory Apartment with Certificate of Occupancy dated after January 1, 1984, although Affidavit of Building Inspector indicates dwelling met. the requirements for a Certificate of Occupancy had application been made in a timely fashion. Locmion of Property: 480 Gris- son Lane, Southold, NY; Coun- ty Tax Map Parcel No. 1000-78-01-10.3. 8:15 p.m. ~-- ~ Variances to the Zoning Ordi- nance, Article 111, Section 100-31 for approval of insuffi- cient area and width of two pro- posed parcels in this proposed set-off division of land, located along Beebe Drive, Cut~6gi,e, NY; Count y-Tax' Mal~ Pareet 1~o. 1000-t03-3-part of Lot 5. 8:20 p.m. ~ ~. Special Excep- tion to the Zoning Ordinance, Article 111, Section 100-30B(16) for permission to establish Bed and Breakfast establishment in an existing dwelling, at premises known as 2900 Boisseau Ave- nue, Southold, NY; County Tax Map Parcel No. 1000-55-6-9. 8:30 p.m. AppL No. 3779-- PETER AND DESPINA MAR- KOPOULOS for a Variance to the Zoning Ordinance, Article I11, Section 100-31 and prior Appeal No. 3623 rendered May 11, 1987 for approval of struc- ture(s) with reduced sideyards, at premises known as LOt #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Parcel No. Tax Map 1000-99-1-24. 8:40 p.m. No. 3 7 6 9 S E-- C_...I~~ FARMS LTD. la/k/a GRI:~- ~. Special Exception to the Zoning Ordi- nance, Article 111, Section~ 100-30B for permission to estab- lish Winery, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-109-01-13. 8:50 p.m. Appl. No. 37i~4 - DENIS O'BRIEN for Variances to the Zoning Ordinance, Arti- cle II1, Section 100-31 and Ar- ticle XI, Section 100-119.1 for permission to erect tennis court with 10-ft. high fencing and gazebo structure in an area other than the required rearyard, at premises identified on the Suf- folk County Tax Maps as Dis- trict I000, Section 3, Block 3, Lot 3 5 along Private Road,. Fishers Island, NY. 8:55 p.m. AppL No. 3778-~ ?,P. ~ TT AND.JANET KEHL-- Variance to the Zoning Ordi- nance, Article III, Section 100-32 and removal of Condi- tions rendered under Appeal No. 3641 on June 18, 1987 in order to allow conversion of the subject building as livable area in proposed reconstruction plan of dwelling, at premises known as 5500 Main Bayview Road, Southoid, NY; County Tax Map Parcel ID No. 1000-78-4-32. 9:05 p.m. Appl. No. 3774SE--~ Special Exception to the Zoning I Code, Article Vll, Section 100-70B for Permission to con- struct addition to existin~q building, (maintaining the west- erly yard setback) for use part- ly for sales of auto parts, added storage, and engine-reboilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No. 1000-102-2-24. . 9:15 p.m. Appl. No; 3776-- HOWARDAND MARGARET BRODIS. Special Exception to the Zoning Ordinance, Article 111, Section 100-30B(15) for per- mission to establish Accessory Apartment in a proposed addi- tion to existing dwelling, at pre- mises known as 435 Eastward Ct., Mattituck, NY; County Tax Map Parcel No. 1000-115-7-9. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. For more information, please call 765-1809. Dated: September 16, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowaiski IX, 9/29/88 (50) '- SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Travele~r-Watchman once each week for ........................... / weeks successively, commencing on the ........... .o~..?..~. ..... / (X ......... t/ Sworn to before me this .......... '.c~.~-? ........ day of Notary Pi:fblic I(^~Etl W, EOERGESSON NOTA.~y ?UBLiQ State of N~w YorJ~ No. 4842180 Quali~'~ed In Suffolk County ,egal Notices NOTICE OF HEARINGS NOTICE IS I~iREBY' GIVEN, [.aw and the Code of thc Town of ~oothold. the following heatings ~ ~leefing at the Southold Town Main Road, Soutbold, NY 11971, ITIURSDA¥. OCTOBE~ 6. 19SS/at J~e fo~owin~ times~ 7:35 p.m. AppL No, 3765 -- ~ for .a Variance =o the Zoning Optlns.ce, ~Artcle m, Sccfidn 100-31 for the ple~, eat of a sew dwelling sL*~cuae with a ~ setback from the front pmperW llne. Location of Prapeny: R/ght-e/-way located along die east side d (~edar Gmeml Wayne Inn) and exteadingAn m easterly and thence southerly direction to this pared ideal.led on ~he Suffolk County Tax Maps as 1000-90-4-14, ' 7:40 p.m. Appl. No. 3768--' FRANK AND SANDRA CURR~H for · Variance to the Zoning Ordi- nance, Artticle IH, Section 100-31 for fea~e enclomm with an inm/fidem fmntyard so, beck and exce~ive lot coverage (over 20 percentJ, at promises knovm as 780 Haywaters Rood, Cutchogue, NY; C~onty Tax Map Pa~cel No. 1000-111-01.O16. · 7:45 p.m, Al)pl. No. 3763% IOHN I. JESSUP for · Variance to the Zoning Ordinance, Artticle m. Secboa 100-31 for comuuction bf an eddilion at the westerly fide of the existing dwclling w/th a roduct/on in as 90 East Road, Cutchogue, NY; Cmmty Tax Map Parcel No. 1000- 110-7.15. 7:50 p.m. AppL No. 3759 -- TONY SCARMATO. INC. for a c/al I/xCaption to the Zoning Ordi- Map Panel No. 1000-55-6-9. :~ :~ nance, Art~in I]~100-30C, 8:30 p.m. AppL No. 3779 -- PE- forpennissiontoe~eaeff=pamrtses TER AND DESPINA MARK- sign. Location of Property: South OPOULOS for a Variance to the Side of Main Road, Seuthold~ NY; County Tax Map Parcel No. 1000- Zoeing Ordinance, Article EI, Sect/on 75-0~-7.3 (Recessed from Prior 100-31 and prior Appeal No, 3623 tendered May 11, 1987 for appwval Mce~n~). ~of street(s) w~ re.ced sideym~, 8:00 p.m. Appl. No. 3758 ~ THEODORE KUDLINSKI. JR. at promises known as Lot #16, Captain K/dd Estates, along south Variance to the Zeaing Ordinance, side of Sound Beach Drive, Article I~, Section 100-31 for per, Matrituck, NY; County Tax Map missio~ to construct open deck addl- Parcel No. I000-~)-1-24; tion with an insufl'ic/em re.yard set; 8:40 p,m. Appl, No. 3769SE -- hack from existing dwelling, at CLITCHOGUE FARMS LTD. fa/k/. promises known as 605 Highwood Road, #Highwood at Bayview" GRISTINA VINEYARD~) Special Subdivision Lot NO. 8, Soothold, EXcel~on to the Ze~ng Ordinance, NY; County Tax Map Parcel No. Artde DI, Section 100-30B forper- 1000-78-9-50. mission to establish Winery, at $:0~ p~n. ~ prendses located along the n~-th ride ~ AppL No. 3760SE -- Special of the Main Road, C~tchogue, NY; . Excels/on to the Zoning Ordinance County Tax Map Parcel No. 1000- 109.01-13/ forpeffn/ss/ontoe~abl/shAccessory 8:50 p.m. AppL No, :~7fid -- Apemnent in an exlstin8 dwclllng structure in accordance with the re~ ]).[/~/]~2~I]/~ fe~ Variances to the qu/rements o/An/cie m, Section. Zm~ng Ordnance, Artcle ~ Section 100.30B. sub~eetien 15. Locallon of. 100-31 and Astlcle XI, Section 10e- Property: 480 Grissom Lane~ 119,1 for permission to esr. ct tennis Southold, NYi COUnty Tax Map. /.~'.~co~tv with 10-fL high fo:coin&and Parcel No. 1000-78-1-10.3. gazebo stmctore in an area other than AppI. No. 3761 -V -- yariance ~: die re4lu/md masyard, at prenUses identified on the Suffolk County Tax ~ to the zo~in8 Ordinance' ArtcleDI' Maps as District 1000. Section Secrion 100-30B(15){M} to allow ~ cotwetsion of dwallin8 for Accessory Block 3, Lot 3-5. along Apeflme~t with Cortficate of Oceu- F/sbers Island, NY. pency dated after lantmy 1, 1984, al~ 8.'55 p,m, Appl. No. 3778 -- thoogh Affidavit of Building Inspector ~ -- indicates dwelling met the ~c~ Variance to the Zoning Ordinance, -- qu/xemeats for ~ Cml/fieateofOccu. Artcle l]~ Se¢l/on 100-32 and · ' pency had a~'cation bern made', ma/~ moval of Cend/tiens rendered under timely fadiion. Location of Property: Appeal No, 3fidl on Amc 18 1987 480 Gdssom Lane, Seuthold, NY; in order to allow eonverdon of the County Tax Map Parcel No. 1000~ sithject htikllng as livable ima in 78.01-10.3. proposed re0o~$tmct/on plan of 8:15 p.m, IOHN T. 11~I~R~-- dwelling, at pret~ises known as 5500 Variances to the Zoning Ordinance, Main B&yview Road, Southold, NY; County Tax Map Parcel ID No. Artcle IH, Section 100-31 for proval of insufficient ama and width 1000-78-4-39 of two proposed parcels in th/s pro- 9~05 p.m. Appl, No. 3774SE -- H posed sea-off div/sinn of land, located Special Ex- along Beebo Drive, Cutchegue, NY; ;: ceptio~ to th= Zoning Code, Article Variance to thc Zoning Ordinance, County Tax Map Parcel No. 1000- Artcle XI, Sea/on 100-119.2forap-..~_~ lO3-3-pertofLotS. ~roval of gazebo stmCmm with an 8:20 p.m. ROBERT AND DI: nsufficlent setback frown an existing ~ Special Exceptiea t~ mlkhead along Peconic Bay, at ~renuses known as 235 Hucl~lberv/ the Zoning Ordinance, Afficle l~, Section 100-30B(16) for permission Vlili Road, East Marion, NY; County to establish Bed and Bmaldast estab- tax Map Parcel No. 1000-31-16-9. llshment in an existing dwelling, at 7:55 p.m. AppL No. 3755SE ,-- p~e~ises known as 2900 lioisseau VIL Section 100-70B for permission to construct addition to existing ~ boilding, (maintaining the westerly yard setback) for use perty for sales of auto pansy-added storage, and en- gine-rebuilding shop, at p~emises lo- cated along the north side of the Main Road, Cutchogue, NY;' County Tax Map Parcel Nc.el000-102-2-24. FLMOTHY COFFE¥ AND THF ' V ' ~ Spe- Avenue, Southold, NY: County Tax ~g nte nrc of Mattituck, In morn, says that ha/eha b PrlncJpnl LK TIMES, a Weekly Mowspaper, In tho Town of Southold, County of York, and that the Notice of which o0p/, has been reguhdy puMIshed in each week for i weeks *nclng on tho 29 day of 9:15 p.m. Appl. No. 3776 -- HOWARD AND MARGARI~T BRODIS. Special Exception to the Zoning Ordinance, Article l]I, Section 100-30B(15) for permission to estab- lish Accessorg Apartment in a pro* posed addition to existing dwelling, at pre~..ses known as 435 Eastward CL, Mattituck, NY;. County Tax Map Parcel No. 1000-115-7-9. The Board of Appeals will at said time and place hear any and ail Per- sons,or representatives desiring to be heard in each of the above matmr~. Written comments may also be sub- Principal Clerk -- MARY K. DEGNAN NOTARY PUBLIC, State et ~lew York Suffolk County No ~849g60~ ~ %m [xpires Februar~'19 pO m/tted prior to the conclusion of the subject hearing. Each hearing will not staff before the time allottcd. For more information, please call 76~- 1809. Dated: September 16, 1988. BY ORDER OF BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda ICowalski 6071-1TS29 Southold Town Board of Appeals MAIN ROAD- STATE RnAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. ~ Someone should appear in your behalf during the public hearing. Questions may arise from Board Members or persons in the audience during the hearing. Your hearing is expected to start at the time advertised in the Legal Notice, and you will not be required to appear earlier. Please feel free to call our office prior to the hearing date if you have any questions or wish to review your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Copies to the following on or about 9/21/88: Mr. Joseph Spitaliere (picked up personally 9/21/88) Environment East, Inc. as Agent for Frank and Sandra Curran / as Agent for John J. Jessup 3075 Indian Neck Lane Peconic, NY 11958 J. Kevin McLaughlin, Esq. as Attorney for 'Tony Scarmato, Inc. 828 Front Street, Greenport, NY 11944 Mr. Wilbur Klatsky, The Cove at Southold, 5044 Expressway Drive South, Ronkonkoma, NY 11779 Mr. and Mrs. Alvan Terry, Box 35, Main Road, Peconic, NY 11958 Re: The Cove at Southold - Sign Mr. Theodore $. Kudlinski, Jr. 605 Highwood Road, Box 1052, Southold, NY 11971 Mrs. Elsie D. Young 480 Grisson Lane, Southold, NY 11971 Abigail A. Wickham, Esq. as Attorney for John T. Beebe Main Road, Box 1424, Southold, NY 11971 Mr. and Mrs. Robert Baker 2900 Boisseau Avenue, Southold, NY 11971 Mr. and Mrs. Peter Markopoulos 605 Sound Beach Drive, Mattituck, NY~1951 Richard F. Lark, Esq. as Attorney for Cutchogue Farms Ltd. Main Road, Box 973, Cutchogue, NY 11935 J. Kevin McLaughlin, Esq. as Attorney for Petrol Stations Re: Cutchogue Farms Ltd. 828 Front Street, Box 803 Greenport, NY 11944 Mr. Allan P. Shope as Architect for Denis O'Brien 18 West Putnam Avenue Greenwich, CT 06830 Mr. and Mrs. Brett Kehl 5500 Main Bayview Road Southold, NY 11971 Mail List continued for October 6, 1988 Legal Notice: H & S Associates P.O. Box 915 Cutchogue, NY 11935 Mr. and Mrs. Howard Brodis 435 Eastward Court Mattituck, NY 11952 Suffolk Times, Inc. Main Road Mattituck, NY 11952 L.I. Traveler-Watchman, Inc. Traveler Street Southold, NY 11971 Individual ZBA files ZBA Members Building Department (V. Lessard) Supervisor and T.B. Members Town Attorney Town Clerk Bulltin Board (west side) Z.B.A. Bulletin Board (east side) BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter o~ the Petition of to the Board of Appeak~f the Town of Southoid TO: NOTICE TO ADJACENT,_. ~ PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] I. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1;~O~ wi~le X 100t deep wit;h a one ~o~_v framed house at 780 H~ywaters Road, Cutcho~ue. 3. That the property which is the subiect of such Petition is located in the following zoning district: Re side nti~l 4. That by such Petition, the undersigned will request the following relief: That a pobl and deck be constructed i~cre~sirAg lot coverave to 2~% 5. That the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under- signed are Article TTT Sectic~. 1OO.q/ [ '1 Section 280-A, New York Town Law for approval of access over r~ght(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, Southoid, New York and you may then and there examine the same during regular office hours. (516) 765-3.809. 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 Nearing 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 ~i~ht to appear and be heard at such hearing. ' Dated: 08/10/88 Environment E,st' Petitioner 0wners'Names: F~ank & Snadra Cu~ran Post Office Address 3075 India~ Neck Lane Peconie, N~ llq~8 Tel. No. (516)73[L-7~74 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS P 93.3~....IJ~ 335 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to $~reel and NO P 0 Stale and ZIP Code Postage p ~61 336 RECEIPT FOR C~=~TI~ff=D MAIL (See Reverse) P 0 State and Postage Fee la1 Dehver¥ Fee Retum Receipt showing to whom and Date De Return Rece~p Postmark br E~ate STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: r ~ ~ [ ~ . being duly sworn, deposes and says that on the ~ day of ,~1 ~.~ , 19 r(-~(~3 , deponent mailed a true copy of the Notice set forth on' the re- verse side tf~Jreof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessm, e. pt r/~ll o,f the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~ ~--'~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to~efore me this /// dayof (~c.,~c>c~ ,19 U - ' Notary~ublic . No. ~226~, Term E~ires (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No .................. Date ......................... THIS CERTIFIES that the building ...r.e.~9.i.r..&...e.n.l.a..r~.e~e..n.t..o.f. existing porch. 780 Haywaters Road Cutchogue Location of Property ............................................................... Hou~ No. Street Ham/et County Tax Map No. 1000 Section 111 BI 01 Lot Q.1.6 SUh,I;uislon Peconic Bay Prop. Inc. .78.6. 26 & 27 ............................ ~ ....... Fi]ed Map No ...... Lot No .............. conforms substantially to thc Application for Building Permit heretofore filed ia this offic~ dated .J. uly 2.8. 19 .8.3pursuant to which Building Pcrmit No 12716 .Z -dated ..... .O.c.t~Q~.e.r' . ).1 ...........19 .8.3., was issued, and conforms to ali of the requirements of the applicable provisions of the law. The occupancy for which this certificate ia issued ia ... 9 ..... repair to and enlar~lement o.f an .e.x.i..s.t.i.n.~ D.o.r.c..h; The certificate is issued to FRANK B. CURRAN of the aforesaid building. Suffolk County Department of Health Approval ..... N. [ IR. ................................. UNDERWRITERS CERTIFICATE NO ............. N./~ ................................. Building Inspector R~w. 1/81 The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? ..~ ~Yes X No 3. Will project alter or have a large effect on an existing body of water? ~Yes X___No 4. Will project have a potentially large impact on groundwater quality? Yes X NO 5. Will project significantly effect drainage flow X on adjacent sites? Yes No 6. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes ~ No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envirc~m~ntal area by a local agency? ~Yes X No 10. Will project have a major effect on existing or future recreational opportunities? Yes ~ No 11. Will project result in major traffic problems or cause a major effect to existing transportation · systems? Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes ~ No 13. Will project have any impact on public health or safety? __Yes ~ No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes X No period or have a major negative effect on the ~ charact~ of the coramunity or neighborhood? Representing: ~a~k ~ Sa~dl,'a O%/~'~ff~ ZBA ~/75 Date: o8 zo/88 F~OJECT I.D. NUMBER ~ ~' 1 61 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Environment E~st~ Inc. Frank & Sandra Currab 3. PROJECT LOCATION: Municlgallty Cu tchol~ue cou.ty Suf£olk ' 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 780 Haywaters Road, Fisherman's B each Nassau Point, Cutchogue SEQR 5. IS PROPOSED ACTION: [] New [] Expansion 6. DESCRIBE PROJECT BRIEFLY: [] Modification/alteration Construct a 15' X 27' pool with a 3'-5' wide deck around it 7. AMOUNT OF LAND AFFECTED: Initially .3Q. acres Ultimately -39 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND US RESTRICTIONS? []Yes ~No IfNo, describe briefly requestin~ variance ~or zonin~ law 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? ~ Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] Yes [~No It yes, list agency(s) and permit/approvals 11. DOES ANY~CT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~No If ye~, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQU,RE MODIFICATION? [] Yes ~] No , CERTIFY THAT THE ~NFORMATION PROVIDED ABOVE IS TRUE TO THE 8EST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I (Continued on reverse side) QUESTIONNAIRE TO BE COMPLETED AND SUB,fITTED ~TIf YOUR APPLICATION FO~,IS TO THE BOARD OF A~,PEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- rich. 1. Are there any proposals to change or alter land contours? 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground-~l? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground-~l? State total: ' ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes ~ Yes Yes ~ Yes N~~ Yes ~ Yes N~) e Do state whether or not applications ar~ pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.y.$.D.E.C. Other Yes Yes Yes No Yes 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cqntract) Yes 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made app%ication to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Yes 13. Please list present use or operations conducted upon the subject property at this time ~esident~l and proposed residen~ial with ~ool Please submit photographs for the re6ord. I certify tha~e above statements are true and are being submitted for reliance bv/~th~/B~eals in considering my application. Szgnature (Property uwner~utn~zze~ ~ge L~ Inc. 1/88 WETLANDS [Amended 8-26-76 hy L.L, No. 2-1976; 3-26- 85 by L.L. No. 6-1985]; A. TIDAL WETLANDS: (I) All ]ands genernlly covered or iotcrmittently cow ered with, or which bord,,r on, tidal waters, or lamls · lying beneath tidal waters, which at mean low tide · are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs. salt marsh, swamps, meadows, flats or other iow lying I:,nds subject to tidal ucthm: (2) All banks, bogs, meadows, flats and tidal marsh subject ~ such tides u~d upon wh ch grow~ or may grow ~me or any of the following: salt h~y, grass, saltworm, ~a lavender, tull curdgr~, hiKh bush, cattails, groundsel, marshmallow and march cordgr~; (3) Ali land immediately adjacent to u tidal wetland us defined in Sub~ection A~2) and JyinE within seven- ~-five (75) feet landward of the m(x~t landward ~ge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwa~r wetlands" as defined in Article 24, Ti- tle 1. ~ 24~107, Subdivisions l(a) ~ l(d) inclusive. of the Environmen~l Conservation ~w of the Sta~ o~ New York; and (2) All land immediately adjacent to :~ "freshwater wet- !and," os defined in Subsection IJ(1) and lying ~vith- ,n seventy-five (75) feet landward of the most land. ward edge of .-, "fi'esh water wetland." 9705 ./