Loading...
HomeMy WebLinkAbout3621Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 362] Application Dated March ]7, ]987 TO: Michael S. Gilliland, Esq. Milgrim Thomajan & Lee, P.C. 405 Lexington Avenue New York, NY 10174-0355 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on ~ay 1), 1987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2(A) Request for Application of MICHAEL S. GILLILAND for Variances to the Zoning Ordinance: (a) Article III, Section 100-32 for permission to con- struct accessory two-car garage in the frontyard area, (b) Article XI, Section 100-119.2 for permission to locate new dwelling with an insufficient setback from bluff/bank along the Long Island Sound. Location of Property: North Side of Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-1-8; Map of Eastern Shores, Section Four, Lot No. 109. WHEREAS, a public hearing was held and concluded on April 1987 in the Matter of the Application of MICHAEL S. GILLILAND under Appeal No. 3621; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the north side of Sound Drive, Greenport, is identified on the Suffolk County Tax Maps as District lO00, Section 33, Block 1, Lot 8, and is known and referred to as Lot #109, Map of Eastern Shores, Section Four, filed March 7, 1966. 2. The subject premises consists of a total area of 30,984 sq. ft. with frontage along Sound Drive of 100 feet, and average lot depth of 328± feet. The premises is presently vacant and is located in the "A" Residential and Agricultural Zoning Dis- trict. (CONTINUED ON PAGE TWO_] DATED: May 18, 1987. Form ZB4 (rev. 12/81) CHAIRM3kN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3621 Matter of MICHAEL S. GILLILAND Decision Rendered May ll, 1987 3. The relief requested by this application is a setback of not less than 55 feet from the 45-foot contour line along the Long Island Sound Bluff as more particularly shown by sketched survey (amended October 7, 1986) prepared by Roderick VanTuyl, P.C. The distance below the 45' contour to the ordinary high- water mark at its closest point is 57± feet. The proposed house location is 125± feet to the ordinary highwater mark at its closest point and is fairly level, as compared to the remainder of the property. The bluff face and toe appear fairly stable. There is some vegetation on the bluff face. At the toe of the bluff and on the beach (north of the 45' contour), there are numerous large boulders aiding in stabilizing the bluff. The lot does contain depressions along the southerly areas. 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 top of the bluff, or bank. The Board finds that although it may be possible to construct the dwelling with a minimum setback of 100 feet from the top of bluff (without a variance), the proposed location is more feasible in light of the above factors. 5. For the record, it is noted that the dwelling on the easterly parcel (presently of Ehrenreic) is setback 45+ feet at its cloest point to the top of bluff/bank as shown by survey dated January 24, 1975. The premises to the west (Lot 108) is vacant. In considering this appeal, the Board also finds and determines: (a) the relief requested is substantial in relation to the requirements, being a variance of 45%, or 45 feet; (b) the placement of the new dwelling at a point not closer than 55 feet from the top of bluff is not unreasonable and will not be detrimental to adjoining properties or change the character of the districts; (c) the circumstances of the property are unique; (d) the practical difficulties are sufficient to warrant a conditional granting of the variance, as noted below; (e) the difficulty cannot be obviated by some method feasible for appellant to pursue other than a variance; (f) the granting of the relief requested is within the spirit and intent of the zoning ordinance and maps; (g) in view of the manner in which the difficulties arose and in view of the above factors, the interests of justice would be served by granting the relief, as indicated below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT a Variance under the Provisions of Article XI, Section 100-119.2(A) for permission to locate new dwelling (with all structural attachments), in the Matter of the Application of MICHAEL S. GILLILAND under Appeal No. 3621, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No construction closer than 55 feet to the top of bluff/bank (45' contour line), as applied; Page 3 - Appeal No. 3621 Matter of MICHAEL S. GILLILAND Decision Rendered May ll, 1987 2. The westerly sideyard area remain open and unobstructed a minimum of 15 feet at all times (for easy emergency access); 3. No excavation within 50 feet of the top of bluff (45' contour line); 4. No further setback reductions to bluff areas; and BE IT FURTHER RESOLVED, to WITHDRAW the Variance for an Accessory Garage Structure in the frontyard area as requested. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Members Doyen and Douglass were absent.) This resolution was duly adopted. lk May 18, 1987 ,^ SOUT IOHOt DiV NOTICE _OF HEA~RING~ NOTICE Is HEREBY GIVEN, pursuan~ to Section 267 of the Town Law and the C~de of ~the Town of Southold, the following public hearings will,be! held by'the SO.UTHOLD TOWN BOARD OF A~EA~ at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on TH.URSDA¥, APRIL 23, 198~, at-the following times: 7:35 p.m. Appeal No. 3546 - Application for GREGORY FOLLARI for a Variance from prior Appeal No.-3507 rendered June 25, 1986 to permit the regradin9 of area within 50 feet of the top of the existing bank/bluff along ~he Long Island Sound in accordance with N.Y.S. Department of Environmental Conservation Permit ~10-86-1233 is;ued March 10, 1987. Location of Property: North Side of Sound D'ive, Greenport, "Map of Section Four-Eastern Shores" Lot No 117, Map No. 4586; County Tax Map Parcel No. 1000-33-1- 5. 7:40 p.m a Variance to Bulk Schedule insufficient s~ maque Avenue, Lot 4, C6un~y -1000-66~02-46. 7:~5 p.m. for Variances 100-32 for perm frontyard area; to locate new d along the Long Sound Drive, Gl ~Map of Eastern 7:55 p.m. for a Variance bulk Schedule, for approval of with an ins~ffi sideyards at L~ of Sound Beach No. 1000-99-1-, Appeal No. 3620 Application of THOMAS BALL for he Zoning Ordinance, Article III, Section lO0-31, for permission to locate new dwelling with an tback from the east property tine along Arshamo- outhold, Map of Beixedon Estates, Block 7, ile No. 1472; County Tax Map Parcel No. Appeal No. 3621 Application of MICHAEL S. GILLILAND o ~he Zoning Ordinance: (a) Article III, Section ssion to construct accessory two-car garage in the (b) Article XI, Section 100-119.2 for permission ~elling With an insufficient setback from bluff/bank Island Sound. Location of Property: North Side of \ eenport, NY; County Tax Map Parcel No. 1000-33-1-8; Shores, Section Four, .Lot No. 109. Appeal No. 3623 - Application of_~ETE~ MARKOPOULOS ;o the Zoning Ordinance, Article IZI, Section lO0-31, ~nd prior Appeal No. 3297 rendered December 13, 19'84, the construction of a new single-family 'dwelling ;ient westerly sideyard and insufficient total #16, Captain Kidd Estates, along the south side ~ri~e,~ Mattituck, NY; County Tax Map Parcel 4 Page 2 legal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 23, 1987 8:05 p.m. Appeal No. 3582 Application of LARRY AND SANDRA STAHL for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct swimmingpool, enclosure, within 75 feet of tidal wetlands or tidal ever is greater, at 1435 West Road, Cutchogue~ NY; Parcel No, 1000-110-07-26. deck and fence water, which- County Tax Map 8:10 p.m. Appeal No. 3593 Application of THE QUIET MAN INN for a Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule, for permission to construct addition in this "B-I" General Business Zoning District with an insjfficient frontyard setback from the westerly property line along Hobart Avenue. Property Identification: Corner of Main Road an~ Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-62-3-7. The Board of Appeals will hear at said time and place all persons or representatives desiring to 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 conclusien of the subject hearing. For more information, please call 765-1809. Dated: April 2, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary CoPies to the following 4/10/87: Suffolk Times L.I. Traveler Town Clerk Bulletin Board Z.B.A. Office Bulletin Board Mr. Gregory Follari, 83 Fairview Avenu6, Park Ridge, NJ 07556 Mr. Clarence W. Powell as Agent, Box II, Greenport, NY 11944 Mr. Thomas Ball, RR l, WoodchucN Path, Wading River, NY I1752 Michael S, Gilliland, Esq., 405 Lexington Ave, NY, NY 10174-0355 Harvey A. Arnoff, Esq., 16 West Main St, Riverhead, NY llgO1 Mw. Peter Markopoulos, 222-08 43rd Ave, Bayside, NY 1136! Mr. Arthur Siemerl"tng, Box 108, Mattituck, NY 11952' Mr. and Mrs. Larry Stahl, 1435 West Road, Cutcho~ue, NY 11935 Ms. Regi Weile, A.rchitect, 22 East 22nd St., NY, NY lOOlO Mr. and Mrs. Charles Gilbert, The Quiet Man Inn, Main Rd, Southold l1971 ZBA Board Members[with copies of files) ZBA Individual files TOWN OF SOUI'HOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. .1~/...0~.: PLEASE TAK for permit to Location of Proper CountY. Tax Map N Subdivision ..... is returned herewit ~ ~ .-..a.~.....0,: RV 1/80 NOTICE OF DISAPPROVAL ..~,., .~...% y..o..o.~.~ E NOTICE that your application dated ...~/~...-.~.¢-'~ ~'- . .~-,.., ./.~. .... 19 ............. ~. ~ . .~. ~ ..... ; . .~.~,,q,. .~.~7. . . ............. House No. Street lI Hamle! 1000 Section ...~..~.. ,'~ ...... Block .... .~. ,~ .......Lot .. ,~.,..~. ........ ......... Filed Map No ................. Lot No .................. and disapproved'on the following grounds. ~b-~:. ~.e~,...'~ .~.../. ~'.-~...~.....a~...~ ..... ~'~.~ .........~..~~~~.a.~ , .. ~ >~~ ~-~- .~ ~. ~. ~2, ....... Building Inspector TO THE ZONING New york THE ZoNiNG BC APPLICATION F( WHEREBY THE of ( ) PERMIT T( ( ) PERMIT FC (×) Permit 1. LOCATION ,ECISION; OF BUILDING INSPECTOR APPEAL NO. 3(.; / DATE ..~ .......................... 3OARD OF APPEALS, TOWN OF SOUTH~D~ N, Y. lame of A~pellont street anti Number Municipa!~ty ~ state ARD OF APPEALS FROM THE DECISION OF THE BUILDING iNsPEcTOR ON ,R PERMIT NO ..................................... DATED ...................................................... UILDING INSPECTOR DENIED TO Michael S. Gilliland Name of Applicant for permit ..... .. E .Ct...h ...S...t..r...e..e...t. ............................. Street and Number Municipality State USE OCCUPANCY ~n~t-ru~f ~ nn~-fmmqly dwelling Sound Drive, Greenport ~L /D~ ~,, /m .,_ ~'A THE PROPERTY .............................................. : ................ ~...I.k.~.~.~M.,$~K... ~ Street /Hamlet / U~ District ~ Zoning Map ~ District lO00 .~e. ction Blocko[ Lot ~ . _ ~ ................................................................................. t. urren1: uwner Michael Gilliland Mop No.4586 Lot No. Pri or Owner Christos Yannios 109 2 PROVISION (~) OF THE ZONING ORDINANCE APPEALED (~ndicate the Adi¢{e Section, Sub- section and Porog~ph of the Zoning Ordinomce by number. Do not quote the Ordi.nance,) Article ill 3 TYPE OF APP ( ) A VARIANC ( ) A VARIAN( Art, 16 Sec (X) Variance 4. PREVIOUS AP of the Building Ins Such appeal was ( ( and was made in REASON FC ) A Variance A Variance ) ~s requested for th, Section 100-119.2 & Art. 111 ~ec. 100-32 iAL Appeal is made herewith for (please check appropriate box) E to the Zoning Ordinance or Zoning Mop E due to lock of access (State of New York Town Low Chap. 62 Cons. Lows 280A Subsection 3 for garage in front yard & building set back on bluff. )EAL A previous appeal (has) (has not) been made with respect to this decision )ector or with respect to this property. request for o special permit request for o variance ppeal No ................................. Doted ...................................................................... R APPEAL Section 280A Subsection 3 the Zoning Ordinance 'eoson that (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 1. Construction of garage zn rear yard would place garage between residence and water, thus blocking sound vzew and, because of lot topography, making garage ~naccessible to auto. 2. Building further than 55 feet from bluff would (i) cause ad- jacent residence on lot 110 to block sound v~ew because it is built as close as 35 feet from the bluff, and (ii) require building in a 'hole' on my property, as it slopes steeply downward-beginning approximately 100-feet ~rom~the bluff. Please see enclosed topographical survey° 2 The hardship createdis UNIQUE and is notshared by all properties alike in the immediate vicinit~ ofthis property and in this use district because 1. Lot ~09 is one of the last lots to be built upon in the sub- division and is uniquely subject to the 100 foot setback requirement, having recently been enacted. 2. Lot 109, because of unique topography~ would require building in a.'hole' if 100 foot setback were required. 3. If garage were requi~ed in back yard, Lot 109 would be the only house with a garage obstructing the water. 3 The Variance would observe the spirit of the Ordmonce ana WOULD NOT CHANGE THE Ck~ARACTER OF,THE DISTRICT because 1. All other houses adjacent and neighboring are built closer than 50 feet from ~he bluff. 2. All other' houses with garages on Sound Drive locate them in the front yard. 3. The bluff on hot 109 is uniquely protected by boulders and shows virtually no sign of erosion. ) ss .. -:.--~- ........... COUNTY OF ................................ Sworn tc this .../. ........................................ day Notary F{u~iic OWNER TOWN FORMER OWNER -~,~.I sEAs. I w.. S IMP. ~ ~ND OF SOUTHOLD PROPI~RTY ~--~ VILLAGE E W FARM COMM. CB. MIC5. DATE REMARKS RECORD CARD SUB. ^~R. LOT ! 6 _~ TYPE OF BUILDING Mkt. Value NEW FARM AGE BUILDING CONDITION NORMAL BELOW Tillable Woodland Meadowland Ac re House Plot ...'~a*a~ ABOVE FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK ~' 0 c3 ,/ HEALTH DEPT; APPRO:V-At.. COUNTY OF SUFFC SOIL AND WATER CONSERVATION DISTRICT April 6, 1987 STANLEY A. PAUZER I~. Gerard P. Goehringer, Chairman Southold Town Board of Appeals :~n Road Southold, New York 11971 Dear I,Ir. Goehringer-- Regarding your req,~st for our assessment of Appeal ~'o. 3621 - Hid~ael Gilliland (Variances), please be advised that a site inspection was conducted on April 1, 1987. During the inspection it was noted that the lot contains a depression along the south end, is fairly level at the proposed house location, and along tke north end there is a bluff. Construction of the proposed garage will require soma filling and land grading. A plan should be developed to specify fill or cut changes Jn grade, finished g~ade slopes, and type of vegetation to stabilize slopes. ~lis office could revie~ and corrraent on such a plan upon request. Since the proposed house location is fairly level, there should be few problems regard- ing soil erosion and slopes. Th~ yard area north of the house should be graded away from the top of the bluff to prevent runoff water from flowing down the bluff face. The septic system for the house should be located south of the house to prevent adding excess weight (seepage) on the upper portion of the bluff. The bluff face and toe appear fairly stable. There is som~. vegetation on the bluff face. At the toe of the bluff and on the beach, there are numerous large boulders which are aiding in stabilizing the bluff. However, along the top of the bluff there is an overhanging lip approximately 3 - 4 feet hi~. ~l~is lip should be reraoved or allrx.~d to fall off to fozm a continious slope with the bluff face. A continious bluff face slope would result in tim top edge of the bluff being 5 - 6 feet south of where it is presently. Vegetating the r~r~{ning bare areas of the bluff face will reduce soil erosion on the bluff. Rmc~,,,~adatior~ are available throu~l this office upon request. If you require any additional information please feel f~cee to contact our office. Sincerely yours, Thorns J. ~ Senior District Technician House Plot FARM ^cre Tillable Woodlend Meodowlend Tatar j,~)VE lue (~) COUNT'" Real Prop~ HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 S.E.Q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT DATE: May 28, 1987 TELEPHONE (516) 765-1892 APPLICATION NO.: 522 NAME: MICHAEL S. GILLILAND This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality R~view and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the pro~ect will not have a significant effect on the environmentf 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: UNLISTED DESCRIPTION OF ACTION: To construct a sin$1e family residence with sarase. LOCATION: 4586 Sound Drive, Greenport REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicate~ that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response in the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Board of Trustees Page 2. For further information regarding this application please contact: Henry P. Smith, President Board of Town Trustees Southold Town Hall Main Road, Southold, New York 11971 Call: (516) 765-1892 cc: Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. J Board of Appeals Town Clerk's Bulletin Board File Michael S. Gilliland APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 April 16, 1996 Mr. Joseph Kane 21 South End Avenue New York, NY 10280 Re: Your Letter of April 15, 1996 (Landscaping) Appl. No. 3621 (from 1987-Gilliland) 1000-33-1-18 Dear Mr. Kane: After discussing your proposal for minor landscaping changes with our assistant, Linda Kowal.qki, and in reviewing your letter, it is my opinion that the proposed cutting of small trees and brush for landscaping purposes is permitted as long as it is agreeable with the Town Trustees under the Coastal Management Law. Please note, however, that digging or other disruption with equipment into the soil to remove large trees, stumps, or similar g~eowth is not recommended since it may disturb the condition of the bluff and natural growth which presently aids in the prevention of erosion. Veer truly GERARD P. GOEHRINGER GG:Ik ce: Building Inspector John Boufis (Referral to ZBA) April 15, 1996 Joseph Kane 21 South End Ave. N.Y. N.Y. 10280 Zoning Board Of Appeals Town Of Southo3d Re. Property Location Sound Drive, Greenport Appeal No. 3621, line 3 Dear Zoning Board I request permission to clear brush and small trees in the area mentioned in line 3 of Appeal # 3621. This is for landscaping purposes, there will be no excavation in this area.Thank you again for all the help. Sincerly Joseph Kane 'f ~2ENRY P SMITH P ' ELLEN M, LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 26, 1987 TELEPHONE (516) 765-1892 Mr. Michael S. Gilliland 161 West 54th Street New York, New York 10019 Re: Wetland Application No. 522 Dear Mr. Gilliland: The following action was taken by the Board of Town Trustees during their regular meeting held on June 25, 1987 regarding the above matter. WHEREAS, Michael S. Gilliland applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 4, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on June 25, 1987 at which time all interested persons were given an opportunity to be heard, and no objections were raised, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Michael S. Gilliland BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: To construct ~, single family residence. Property is located on Sound Drive,.Greenport. The permit is approved with the provision that the house is placed no closer tothe sound than the neighboring homes. Board of Town Trustees - Michael S. Gilliland Page 2. This permit will expire on June 25, 198~ if work has not commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. 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. PLEASE RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. Please remit $10.00 for Wetland Inspection fees for this project. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File DEPARTMENT OF PLANNING COUNTY OF SUFFOLK Nichael A. LoGrande SUFFOLK COUNTY EXECUTIVE 360-5513 May 22, 1987 Town of Southold Zoning Board of Appeals Applicant: Michael S. Gilliland Mun. File No.: 3621 S.C.P.D. File No.: SD-87-12 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Comisston is considered to be a matter for local deter- mination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Ample on-site area appears available for an increased bluff line setback for the dwelling. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .tR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD, L,I., N.Y. '119'7'1 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the TOWR of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article ×I , Section 100-119.2(A) Variance from Determination Special Exception, Article Special Permit of Southold Town Building Inspector , Section Appeal No.: 3621 Applicant: Michael S. Gilliland Location of Affected Land: Sound Dr., Greenport, County Tax Map Item No.: 1000- 33-1-8 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) NY State or County Road, Parkway, Highway, Thruway Bounda.py of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area 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 construct accessory two- car garage in the frontyard area and permission to locate new dwelling with an insufficient setback from bluff/bank along Long Island Sound Copies of Town file and related documents enclosed for your Dated; May ~9, 1987 review. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:JOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARO MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 18, 1987 Michael S. Gilliland, Esq. Milgrim Thomajan & Lee, P.C. 405 Lexington Avenue New York, NY 10174-0355 Re: Appeal No. 3621 (Variance) Dear Mr. Gilliland: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board Of Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809 or that of the Building Inspector (765-1802) if you have any questions. Enclosure Copy of Decision to: Building Department Suffolk County Planning Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission COUNTY OF SUFFOLK SOIL AND WATER CONSERVATION DISTRICT STANLEY A. PAUZER DISTRICT MANAGER April 6, 1987 Gerard P. Goehringer, Chairman Southold Town Board of Appeals ~n Road Southold, ~ew Yo~k 11971 Dear ~.~. Geehringer: Regarding your requcat for ouz assessment of Appeal Yo. 3621 - tlichael Gilliland (Variances), please be advised that a site inspection was conducted on April 1, 1987. During the inspection it was noted t~hat the lot contains a depression along the south emd, is fairly level at tl~ proposed house location, and along tb~ north end there is a bluff. Construction of the proposed garage will require some filling and land grading. A plan should be developed to specify fill or cut changes in grade, finished grade slopes, and type of vegetation to stabilize slopes. %his office could review and c~nt on such a plan upon reqtmst. Since the proposed house location is fairly level, there should be few problems regard- ing soil erosion and slopes. The yard area north of the house should be graded ~ay from the top of the bluff to prevent r~moff water from flowing down the bluff face. The septic system for the house should be located south of the house to prevent adding excess weight (seepage) on the upper portion of the bluff. The bluff face and toe appear fairly stable. There is sonm vegetation on the bluff face. At the toe of the bluff and on the beach, there are n~mmrous ]mrge boulders which are aiding in stabilizing the bluff. However, along the top of the bluff there is an overhanging lip appro~m~tely 3 - 4 feet high. This lip should be removed or allowed to fall off to form a continious slope with the bluff face. A continious bluff face slope would result in the top edge of the bluff being 5 - 6 feet south of where it is presently. Vegetating the remaining bare areas of the bluff face will reduce soil erosion on the bluff. Rmc~,,",'~ndations are available throu~ this office upon request. If you require any additional information please feel free to contact our office. Sincerely yours, Thomas J. Mc~i~hon Senior District Technician SOUTHOLD TOWN BOARD OF APPEALS MATTER OF MICHAEL S. GILLILAND THURSDAY, APRIL 23, 1987, PUBLIC HEARING 7:55 p.m. Appeal No. 3621 - Public Hearing commenced in the Matter of MICHAEL S. GILLISAND. Variances (a) for accessory two-car garage in frontyard; (b) to locate new dwelling with insufficient setback from bluff/bank along L.I. Sound. N/s Sound Drive, Greenport. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: The next appeal is 3621 on behalf of Michael S. Gilliland dated July 1, 1986, most recent update October 7, 1986 received by us March 25, 1987 indicating a-lot of approximately 100 by 336.58 variable. The location of the house; 55 feet at its closest point and a garage approximately 25 feet from Sound Drive. The side of the garage is approximately 13 by 24 it appears to be. And I have a copy 6f the Suffolk Co6nty Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard on behalf of this application? Anybody f6r this? Good. Would you kindly state your name. MR. GILLILAND: I'm the owner, Michael Gilliland. CHAIRMAN GOEHRINGER: How are you? MR. GILLILAND: Fine thanks. CHAIRMAN GOEHRINGER: Now, what can you tell us about your property that's unique? MR. GILLILAND: Well, I guess I said a lot of it in the application. But I have since, received from the County of Suffolk, an analysis of the bluff and they state it's very stable from the bottom to the top and there are bolders in front of it. Ther.e presently has not been, in recent history, any kind of erosion. I have the same problem as another lot that we discussed earlier this evening which had to be graded down 9 feet. Because if you built back behind the swell, you'd have no choice. So what I've done there to conform the house with the house next door and to avoid having to build behind that, is to apply for a variance that would allow me more than 55 feet, as close to 55 feet from the water. CHAIRMAN GOEHRINGER: That would not require any regrading of that area then? MR. GILLILAND: Not only would it not require, I'm going to try to avoid it. My intention is not to change any of the vegetation on the bluff at all if possible. I don't want to change any of the trees or any of the bushes. According to the DEC, they recom- mended that you can hand put them back so that you are pruning your own hedge so you might see the water. A great concern to us is that we do not disturb the bluff or any of the surrounding vegetation at all. Page 2 - April 2,~, 1987 Public Hearingelichael S. Gilliland Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Can I just ask you, would you !just check that mike and see if it's on. For some reason .... MR. GILLILAND: It's on. Am I not projecting? CHAIRMAN GOERRINGER: I guess we're alright. Thank you. Was there any withdrawal, possibly, on the garage? Or ape you still going with that idea of placing the garage in the frpnt yard area? MR. GILLILAND: Marty and Agnes Ehrenbach are here. !They are the neighbors to the east and they made a very good suggDstion which was that garage should not probably be built on thatl side- It might be moved over to another side because there is (theyi observed for my benefit) a curb there and so it might be a betteri idea rather than having the exit for the garage right near a curb out where the road is straighter and that's fine. CHAIRMAN GOEHRINGER: So you're goihg to come back w~th another application some time in the future for the garage? MR. GILLILAND: I would prefer not to. I don't thihk, unless it matters for the purpose of the town trustees, I would rather you give us a blanket approval for the garage in the backyard. CHAIRMAN GOEHRINGER: You can't do it. You have to tell us where you want to put it. MR. GILLILAND: What I'll do is just withdraw the application for the garage. And then in a separate application, perhaps, at a later time, mare an application for the garage because it's not essential to the hoOse. I'd like to get going with the plans. I'd also like to point out to the Board that; although it's 55 feet at it's closest ~oint, the bluff steeply angles off. So that if I were to build my house (roughly) on a parallel with the house next dogr, luckily that would be to a mu~h greater distance at most points from the house. Although I don't know what that would presently be, ~t would be toa greater distance. CHAIRMAN GOEHRINGER: You are aware that yoh must maintain the sid%- yards if the Board so grants this house in its preseht location or its proposed location. And you can not encroach on either one of those sideyards because you have to be able to gain access to the bluff area if you have to do any work up there. In other words, you have 15 feet on both sides at their closest points and you would have to maintain that 15 feet. MR. GILLILAND: Fine. CHAIRMAN ~OEHRINGER: 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 the~hearing reserv- ing decision until later. Ail in favor - AYE. HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, .IR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 30, 1987 TELEPHONE (516) 765-1892 Mr. Michael S. Gilliland 161 West 54th Street New York, New York 10019 Re: Wetland Application No. 522 Dear Mr. Gilliland: The following action was taken by the Board of Trustees during their regular meeting held on April 29, 1987 regarding the above referenced application. RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Michael S. Gillilund for a Wetland Permit on certain property located on Sound Drive, Greenport. Please have the property properly staked for inspection scheduled for the week of May 18th. Should you have any questions or concerns, please do not hesitate to contact this office at the telephone number listed above. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS: Cc: ip Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. j Board of Appeals File Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11g71 APPEALS BOARD MEMBERS TELEPHONE (516) 765-1809 April 23, 1987 GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. $. 'R.. Q. R · A. ROBERT J. DOUGLASS NEGATI~-E ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: PROJECT N~2~E: 3621 MICHAEL S. GILLILAND 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: [ ] Type-II [X] Unlisted [ ] DESCRIPTION OF ACTION: Construct two-car garage in frontyard area and permission to locate new dwelling with an insufficient setback from bluff/bank along Long Island Sound. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: N/s Sound Dr., Greenport, ~Y 1000-33-1-8 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, SEQPJ~ FOR FURTHER INFORPLATION, PLEASE CO~TACT: Linda KowalsRi, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. (3) Information has been submitted by applicant or his agent indicating that the ~roject will not involve the disturbance of wetland grasses or areas subject to flooding which may by cons£dered wetlands; mc APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUG!-ASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 April 3, 1987 Michael S. Gilliland, Esq. Milgrim Thomajan & Lee, P.C. 405 Lexington Avenue New York, NY 10174-0355 Re: Appeal No. 3621 (Variances) Dear Mr. Gilliland: This let-ter will confirm that the Board has reviewed your file at its Regular Meeting held April 2, 1987, and that upon receipt of the following, we will be in a position to schedule this matter for a public hearing: m ~e.~lw/~(a) written report from the Soil & Water Conservation District [which is expected before our advertising deadline of April 9th]; - (b) copy of general floor plan of accessory garage and total height above ground level. Mr. Martin Ehrenreich has submitted a survey of his property dated January 24, 1975 depicting the structures existing and approximate distance from the top of the bank. A copy is enclosed for your convenience. p~,~l~?/~/A~evalua ~opy of the Soil and Water Conservation District t'on report and legal notice of hearing will be sub- mitted to you under separate cover in the near future. lk Enclosure Yours very truly, GERA)~D P. GOEH~INGER CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town' Board of Appeals I~IAIN ROAD- E~TAT[ ROAD 25 BOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 March 26, 1987 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation District 127 East Main Street Riverhead, NY ll901 Re: Appeal No. 3621 Michael Gilliland (Variances) Dear Mr. Pauzer: We presently have an application pending for the proposed construction of a single-family dwelling and accessory two-car garage as depicted on the attached survey sketch, premises located along the north side of Sound Drive, Greenport, along the Long Island Sound. May we ask scheduling this April)? your assessment of this project prior to our matter for a public hearing (expected latter Enclosed for your file are Tax Map, survey sketch, contour correspondence. copies of the Suffolk County map, and self-explanatory If additional questions, please your assistance. information is needed or if there are don't hesitate to call. Thank you for Yours very truly, lk Enclosures GERARD P. CHAIRMAN GOEHRINGER HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York ! 1971 TELEPHONE (516) 765-1892 Michael S. Gilliland 161 W. 54th Street Apt; 1501 New York, NY 10019 Dear Mr. Gilliland: April 2, 1987 Re: Property located L.I. Sound on the N/S of Sound Dr., Greenport Please 'be advised that the Southold Town Bay Constable has inspected the above referenced property and determined that a Wetland Permit from the Southold Town Trustees will be necessary for the project proposed. - Enclosed for your convenience is the application. Kindly remit the completed application to this office prior to April 15, 1987 so that it can be expedited at the earliest possible date. Should you have any questions, please do not hesitate to contact this office at the phone number listed above. Very truly yours, HPS:JW Enclosure Henry P. Smith, President Southold Town Trustees cc - Building Dept. Board of Appeals/ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 March 30, 1987 C. W. Powell P.O. Box 11 Greenport, NY 11944 Re: Michael Gilliland - property located L.I. Sound on the N/S of Sound Dr., Greenport Dear Mr. Powell: Please be advised that the Southold Town Bay Constable has inspected the above referenced property and determined that a Wetland Permit from the Southold Town Trustees will be necessary for the project proposed. Enclosed for your convenience is the application. Kindly remit the completed application to this office prior to April 15, 1987 so that it can be expedited at the earliest possible date. Should you have any questions, please do not hesitate to contact this office at the phone number listed above. Very truly yours, HPS:JW Enclosure cc - Building Dept./ Board of Appeals ~' Henry P. Smith, President Southold Town Trustees Or Crime Day of Occurren ' 0~ Grid No. /~0ju Time of Occ. Date of Report 'ence Phone Time Out r3 No ~% d~ t~ . U~oo~ ~5~'~,'o~ ~T _J Form PDTS 1 -- Continuation Report Attached? [~ Yes No. _/3 SUFFOLK CO.: THE WATER lilly ANO~ SysTIrMe FOR ~ CONF'ONIM TO TH~ SUFFOLK SERVICES - CON~TRUC?I~N eNkY MILGRIM THOMAJAN LEE 'FHE~ CHR¥$/F-R BUILDIN~ 405 LE:XINGTON AVI:'NU£ NEW YORK~ NEW YORK 10174-0355 (21~) 867-6660 March 24, 1987 Federal Express Southold Town Board of Appeals Main Road State Road 25 Southold, L.I., New York 11971 Attn= Linda Kowalski P.C. Gilliland - Greenport Dear Linda= In response to your letter dated March 11, 1987, I enclose the following information= (a) the three signed affidavits of mailing on the adjacent-owner's notification forms; (b) the survey [four prints] of October 7, 1986 (the January 14, 1987 topographical survey would not permit clear depiction of the house location) depicting dimensions and location of both the proposed dwelling and accessory structure, together with the minimum setbacks requested from the top of bluff and all property lines; (e) I am receiving a plat survey from the adjacent house to the east, but have been advised by the owner and confirmed by measurement that their dwelling is set back from the bluff 35 feet on the eastern most corner of the dwelling and 55 feet on the western most corner or the corner that abuts my property; (d) I have completed the attached questionnaire; Southold Town Board of Appeals 2 March 24, 1987 (e) I am enclosing two photocopies of the proposed floor plans of the dwelling. I have not yet received a copy of the building plans for the garage and, as I advised you, submit the plans for the house subject to future changes after consultation with my architect. (f) I have visited the site and flagged the corners of the house nearest the bluff. The undergrowth and vegetation of the site makes it virtually impossible to flag precisely where the house will be located without actually clearing the site. The white stakes that I have used to mark those portions of the house closest to the bluff could not be seen if placed where the house will be. Thus, those white stakes are located 55 feet southward of the bluff. One stake is located 55 feet south of the bluff at the eastern property line and the other stake is located 52 feet westward of that stake. Both stakes are located in areas where brush has been cleared. If this is not adequate please advise me immediately so I can make arrangements to restake the area (if possible). Thank-you for your assistance. truly yours,~. Michael S. Gxlliland MSG:mdc Enclosures 9306o · I:ILHON U_IZI. [5 N'r - ' ':; ~14012L'.5 -~,~C ?: ~I. ~.F !LL ~ , lq 1'} tl~ '~UF'I¢, CO THE WATER SY~TEM~ CONFOM~ TO THE SUlfFOLK C~. SUFFOLK COUNTY SERVICES - FOR COfqI~TRUCTION QNt, Y APPWOVED: '1 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, ..IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 March ll, 1987 Michael S. Gilliland, Esq. Milgrim Thomajan & Lee, P.C. 4.05 Lexington Avenue New York, NY 10174-0355 Re: Application for Variances Dear Mr. Gilliland: In reviewing your application for variances received by Express Mail today, it is requested: .\~q~ (a) that the enclosed three Affidavits of Mailing on the reverse side of the Adjacent' -Owner's Notification' forms be completed and returned; - (b) the latest survey [four prints] of January 14, 1987 depict the dimensions and location of both the proposed dwell- ing and accessory structure, together with the minimum setbacks requested from the top of bluff and all property lines; *(c) that the setbacks of the dwelling to the east of your premises at its closest points to the top of bluff be furnished, if available;  ,/~'? (d) that the attached questionnaire be completed and additional information furnished, where applicable; ~ (e) that two prints of the proposed building plans of both the proposed dwelling and garage structure be furnished; ~c~ (f) that the corners of both structures be flagged on the site for board inspections. Upon receipt of all of the above, field inspections will O O' SUFFOLK CO. HEALTH DEPT. H.S. NO. '~-'~ (o~ J-~/\,[~' '~ii..- LXDm~jL~'~T'"y' ~ .... ~IN(IL~ FAMILY DWELLING ONLY t~L~D ..... ~ ,~'?_ ...... ~~ :~ X~ :- THE WATER SUPPLY AND ~WAOE OIS~AL .... SYSTEMS FOR THIS RESIDENCE WILL ' ~ ~'~, [ CONFORM TO THE STANDARDS OF THE ,, '"' ' ~ ~.'L; [ ~-t ~.., ~ ~U~OLK CO. DEPT. O~ NEALTH ~ER~ICES. 4e, '- ~ ~ ~ % SUFFOLK COUNTY DEPT. OF HEALT~ 4~ . :.1~', ;~ j SERVICES - FOR APPROVAL OF . ~ 5 /i ' ~' ;' DATE: ~ , ' ~o ,/ 'w' ~ ~ I H.S..E~.,O ~ ~ ~r~ ~ I 3~ ~' APPROVED: ,,, $~FFOL~ ~0. TAX ~AP ~ [ ~ OWNERS ADDRE~: ' / &f~EA' 30,9~ S,F: ¢(.... ;,:-- . ...~:,:.- . ~ .~ /' D~D: L.~/A P. '- ~(~, ....... ( , -- R~ERICK V~UYL, P.C. LICEN~D LAND SURVEYORS GREEN~RT NEW YORK NOTICE OF HEAIilNG~ NOTICE IS HEREI~i~ GIVEN, pursuant to Soction8 of the Town Law and the the Town ofsouthold, the follow- ink public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Read, South- old, New York, on THURS- DAY, APRIL 23, 1987, at the following times: 7:35 p.m. Appeal No. 3546 - Application for GREGORY FOLLARI for a Variance Imm prior Appeal No. 3507 rendered June 25, 1986 to permit the re- ~'ading of area within 50 feet o! the top of the existing bank/bluff along the Long Island Sound in accordance with N.Y.S. Depart- ment of Environmental Conser- vation Permit #10-86-1233 is- sued March 10, 1987. Location of Property: North Side of Sound Drive, Greenpert, "Map of Soc- tion Four-Eastern Shores" Lot No. 117, Map No. 4586; County Tax Map Parcel No. 1000-33-1- 7:40 p.m. AI~I~esl No. 3620 - Application of THOMAS BALL for a Variance to the Zoning Or- dinance, Article III, Section 100- 31, Bulk Schedule, for pennis- sion to locate new dwelling with an insufficient setback from the east property line along Ar- shamomaque Avenue, Southold, Map of Beixedon Estates, Block 7, Lot 4, County File No. 1472; County Tax Map Parcel 1000-66-02-46. t/~ 7:45 p.m. Appeal No. 3621 - Application of MICHAEL S. GILLILAND for Variances t~ the Zoning Ordinance: (al Art~ cie HI, Section 100-32 for sP~ol~ ~/ mission to construct access ry,~ two-car garage in the frontyar~J~/ area; (bi Article XI, Section 100- 119.2 for permission to locate new dwelling with an insuffi- cient setback from bluff/bank along the Long Island Sound. Location of Property: North Side of Sound Drive, Greenpol%, NY; County Tax Map Parcel No. 1000-33-1-8; Map of. Eastorn Sh0ms, Section Four, Lot~. , 109 7:55 p.m. APPeal No. 3623 - Application of PETER MAR- KOPOULOS fsi' a Variance to the Zoning Ordinance~ Article III, Section 100-31, Bulk Schedule, and prior Appeal No. 3297 rendered December 13, 1984, for approval of the con- struction of a new single-family dwelling with an insufficient westerly sideyard and insuffi- Cient t~tal oidayards at Lot #16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY; County Tax Map Paroel No. 1000-99-1-24. 8:05 p.m. Appeal No. 3582 - Application of LARRY AND SANDRA STAHL for a Vari. ance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct swim- mingl)ool, deck and fence encle- sure, within 75 feet of tidal wet- lands or tidal water, whichever is greater, at 1435 West Road, Cutchog/m, NY; County Tax Map Parcel No. 1000-110-07-26. 8:10 p.m. Appeal No. 3593 - Application of THE QUIET MAN INN for a Variance to the Zoning Ordinance, Article Vii, Section 100-71, Bulk Schedule, for permission to construct addi- tion in this "B-I' General Busi- ness Zoning District with'an in- sufficient frontyard setback from the westerly property line~ along Hobart Avenue, Property Identification: Corner of Main Road and Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-62-3.7, The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- ~I'ATE OF NEWARK ) ) SS: COUNTY OF SUFFOLK ) Richard Williams of Greonport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Graenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 16 th day of April 19 87 Principal Clerk Sworn to/be~re me this _~ NOTICE OF HF. ARINOS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD Tow BOARD at a R~ular Meeting at the Southold Town Hall, Main Road, Southold, NY, on T?I.I~R_.S. DAY, APRIL 23, 1987_, at the following times: ?:35 p.m. Appeal No. 3~46. Application for GREGORY FOLLARI for a Va~n~ prior Appeal No. 3507 rendered June 25, 1986 to pecmit the regradin$ of area within 50 feet of the top of the existing hank/bluff along the Long Island Sound in accofdanqe with N.Y.S. Department of En- vironmental Conservation Per- mit No. 10-86-1233 issued March 10, 1987. Location of Property: North Side of Sound Drive, Greenport, "Map of Section Four-Eastern Shores'~ Lot, No. II7, Map No. 4586; County Tax- Map Parcel No. 1000-33-1-15. 7:40 p.m. Appeal No. 3620- Application of THOMAS _BA..L.L.. for a Variance to the Zoning Ordinance, Article Ill, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient set- back from the east property line along Arshamomaque Avenu~.~ Southold, Map of Beixedon Estates, Block ?, LOt 4, County File No. 1472; County ~ Map Parcel No. I000-66-02-46. ~ 7:45 p.m. Appeal No. 3621-~ Application of MICHAEL ~ f~'r ~/ariances t he Z°alng Ordinance: (a) Ar ti' cie. I!1, Section 100-32 for Per- mtsston to construct accessory two-car ~arage in the fromYard COUNTY OF SUFFOLK 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 Traveler-Watchman once each week for .................... ./ ...... weeks successively, commencing on the ......... d(.7 ........ .... ~. 8:05 p.m, Appeal.No. 3582-' Application of I'.ARRY AND SANDRA STAHL for a Variance to the Zoning or- dinence, Article X!~ Section 100-119.2 for permisst6n to con- struc~ swimmin~mol, deck and fence enclosure, within 75 feet of tidal wetlands or tidal water, whichever is greaier, at 1435 West R~ad, Cutchogue, NY; County Max Map Parcel No. 1000.110.07.26.. . 8:10 p.m. Appeal No. 3593- Application of THE QUIET MAN INN for a Variance to the Zoning Ordinance. Article VII, Section 100.71, Bulk Schedule, for permission to construct ad- dition in this "B-I" General Business Zoning District with a~c insufficient frontyard setback Notary Public BARBARA FORBES ~otary Pub]ie, Stat~ of New York No. 4806846 Qualified in Suffolk County Commission Expires~d~,~ 3/ 19 g'~ area; (b) Article XI, Section 100-119.2 for permission to locate new dwelling with an in- sufficient setback from bluff/bank along the Long LolSland Sound. Location of~Pro- perry: North Side of Sound Drive, Greenport, NY; Courlty Tax Map Parcel No. 1000-33-l-~ Map of Eastern Shores~.Secti~n', ur, LOt No. 109. 7:55 p.m. 'APpeal NO~ Application of' PETER MARKOPOULOS Variance to the. Zoning Or- dinance, Article Ill, Secti9n 100-31, Bulk Schedule, a~nd prior Appeal No..3297 render~:d December 13, 1984, for approval of the construction of a new single-family dwelling with an insufficient westerly side)aM and insufficient total sideyards at Lot No. 16, Captain Kidd Estates, along the south side of Sound Beac~ Drive, Mattituck, from the westerly property line ~' along Hobart Avenut Property Identification: Corner of Main Road and Hobart Avenue, Southold, NY; County Max Map Parcel No. 1000-62-3-7. tThe Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters, Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- 'sion of the subject hearing· For more information, please call 765-1809. Dated: April 2, 1987 BY ORDER OF TH~}'.I SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-4/16/87(1) / / ~./. / ./ Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT .I. DOUGLASS JOSEPH H. SAWICKI TO WHOM IT MAY CONCERN: Enclosed of the public a copy of the Watchman, Inc. herewith as confirmation of the time and date hearing concerning your recent application is Legal Notice as published in the L.I. Traveler- and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fr~e to call our office, 765-1809. Yours very tr,ulv_,~ ~ ~ G~ERARD P. GOEHR~[NGER ~,/ CHAIRMAN Enclosure Linda ,~o,~olski Secretary and Board Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3621 , application of M±chael Scott G±ll~.land for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. 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 MILGR. IM THOMAJAN LEE P.C. THE CHRYSLER BUILDING 405 LEXINGTON AVENUE NEW YORK, NEW YORK 10174-0355 (21~') 867-6660 March 10, 1987 EXPRESS MAIL Zoning Board of Appeals Town Hall Main Road S.R. 25 Southold, New York 11971 Gilliland - Greenport Dear Sir or Madam: On September 16, 1986, ! received a Notice of Dis- approval from the Town of Southold Building Department in con- nection with my application to construct a one-family dwelling and garage on Lot 08, Block 01, Tap Max No. 1000 §033 (Sound Drive, Greenport, New York). As indicated by the enclosed Notice of Disapproval, I had applied to build the residence closer than 100 feet to the edge of the bluff and had applied to place the garage in the front yard rather than the back yard. As you can see by the enclosed survey, my lot (indi- cated Lot 109, Eastern Shores Subdivision) abuts Long Island Sound on 45 foot cliffs rising above the water line. Eastern Shores, which is a relatively old subdivision, is entirely built out except for two lots: my lot 109, and lot 108, immediately to the west. All other lots are either built or currently being built upon. The lot immediately to my right, occupied by Mr. and Mrs. Martin Ehrenreich, was built prior to the recent restriction requiring that residences be built 100 feet or more from the top of the bluff. If I were to construct my house more than 100 feet back of the bluff, my view of the sound would be substantially obscured by the Ehrenreich's residence. Zoning Board of Appeals 2 March 10, 1987 Moreover, because of the topography of my lot (as shown in the enclosed topographical survey), the lot drops off into a deep hole, so that complying with the 100 foot requirement would force me to construct the house in a deep depression. The Ehrenreich's house is built in some places approxi- mately 35 feet from the bluff and, where it abuts my lot, approximately 50 feet from the bluff. I am proposing in my application that I be permitted to build 55 feet from the top of the bluff, even with that residence. I am also requesting that the garage be placed in the "front" yard, as all garages are placed on waterfront lots. My building plan in general is to leave the lot as undisturbed as possible. I will not grade the top of the bluff, other than to place the foundation and basement, and will disturb little of the natural vegetation. As you can see by the enclosed topographical survey, I have also, at the request of my architect, Mr. Norman Jaffe, required a site location of all trees having a diameter greater than eight inches. I plan to locate the house in a manner to avoid these trees. If I were compelled to fill in the ravine to build the house, numerous large trees would have to be destroyed. In particular, those trees that block the house from the road would have to be torn down, thus marring, in my opinion, much of the beauty of the neighborhood. I enclose in connection with my application the fol- lowing: 1. Topographical survey (one foot contours) of Lot 109; 2. survey showing Health Department approval; 3. survey showing location of proposed residence on my lot 109 and indicating location of residence on lot 110; 4. copies of letters sent to adjacent property owners; 5. Notice of Disapproval from Town of Southold Build- ing Department; 6. wetlands indication sheet; 7. D.E.C. letter of "no jurisdiction;" 8. short Environmental Assessment form completed and signed; Zoning Board of Appeals 3 March 10, 1987 9. completed Appeal from Decision of Building Inspec- tor; 10. check payable to Town of Southold in the amount of $150. Thank you for your assistance. I would like very much to begin construction in the Spring of 1987. I recognize that your calendar is probably very full, but I would much appreciate a decision as soon as possible. I look forward to hearing from you. Cordially, Mi~ha-el S. Gilliland MSG:so/mdc Enclosures 9246o BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Michael S. Gill~land to the Board of Appeals of the Town of Southold TO: Mr. & Mrs. Martin Ehrenreich Sound Drive Greenport, New York 11944 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1 .,,.~ intention of the undersigned to petition the Board of Appeals of the Town of Southold toreques~(Vari~(Specia, Exception) (Spe¢ialPermit) (Other) [c±:cle cho±ce] ). 2. That thepropert¥ which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: Lot 109 Eastern Shores Map No. 4586 County Tax Map No. 1000\Section 33, Block 1 Lot 08 3. That the property which is the subiect of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: Varlan~.~ t-o pl ac~ garage in front vard and variance for building setback on hl~f. .5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Sections l~0-11q.2 ~n~ 1~-32 [ ] Section 280-A, New York Town Law rom approval of access over r~ght(s)-of-wa~. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, Southold, New York and you may then ami'there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler*Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you, or your representative have the right to appear and be heard at such hearing. Oated:. ,l ,- (ix Petitioner Owners ' Names :M~ehae~ ~. G~g~n~ Post Office Addr~s NAME PROOF OF MAILING OF NOTICF ATTACH CE,RTIFIED MAIL RECEIPTS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ' - , beinj duly sworn, deposes and sa~s that on of ,~--~,~/*lx,~.~ ,19 ~ , deponent mailed a true copy of the Nqtice set forth on the re- vers~ side hereof, ~:cted 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 skid persons as shown on the curr~nt assessmen~ roll of the Town_of Southold; that said No! ces were mailed at the United States Post Of- fice at(/-~ ~,.~' (~/. ~ 2/,~t ~ ,,/~/'~ ;that said Notices were mailed 1:0 each of said persons by (certifi~-d) (registered) mail. ' JAMES R. LEDLEY Sworn to before me this /~/~ day of . (This side does not have to be completed on form transmitlted property owners.) to adjoining SUFFOLK CO. HEALTH DEPT. APPROVAL H.S. NO. ~T'FT( ~ ""~")L.:~ - ~ L..'._~_~ ....... ,- - ............. ~ STATEMENT OF INTENT '~ · /k ~' THE WATER SU~Y AND SEWAGE DtS~AL ~-~_ ~ -~[ ~:~ L?' ~' SYSTEMS FOR THIS RESIDENCE WILL ~ ~ '-_ '2(..~_~-.~.. '~_._ CONFORM TO THE STANDARDS OF THE ~ . ~'~ J ~' .;~ .' ~ ~, ~ , ~ SUFFOLK CO. DEPT. OF HEALTH SERVICES. ~ A~LICANT ~0 ....... ~ ~ ~ ~ ', SUFFOLK COUNTY DEPT. OF HEALTH / ~5-~ ~~ - ,~ -- FOR APPROVAL OF SERVICES ~'. ,... ' .. - ~ - 2~ / v' CONSTRUCTION ONLY ) ' ,, --. -. / ~..~ .. , DATE: ' ' ' " '- tis / '~' H.S. REF. NO. ,Vi~h~ ' ~ ~ Z~c.[' ~ ~:j ..... :'~:~.: r,=-~,,-,.~ SUFFOLK CO. TAX MAP DESIGNATION: ~ ~ - ~'~ ~ ~ DIST. ~CT. BL~K ~L. ~ -,~ " - / -t.46 , ~-~ ~c . . _.~ ...... ~.~o ~ /,.~ A~A ~0~4~" ~.. J~' ~-~ ~ ~, ~ ~ ~ _ . _ . . ~ '~. ~-_-- ~ ~ ...... .~.-. _....~.~,~..--~.~:.._. _.._ -__~_ ,~ :,: ~':;'.,,~ -. .~ ~ ~ .......... ~__ -rr~:~:s. :- ' .... - : ~ - ' ' ............ .~ .:~.~_~[~,,~ LICE~D LAND SU~VEY~S (Today's To: Southo!d Town Board of Appeals Hain Road Sou~hold, HY 11971 Location of Property: ~ /~ In reference to the New York State Tidal Wetlands ~iand-Us Regulations, 6 NYCRR, Part 661, and Article 25 of the Hew York State. £nvironmental Conservation Law, please be ad,;ised tile= tl subjec: property i,n the within appealappllc~,.o.%.' '-~ . · ' (please ch,~ck one box) [ ] H,~y be located .will, in 300 feet of tidal wetlands hc~.;,~ver, constructed along the water-lyin¢] cdc:o of this prope~'~y is a bulkhead in very good ~- condition and at least 100 feet in ,'length., [ ] May b'e 'located within 300 feet of tidal wetlands. however, constructed along the water-lying edge of thi~ property is a bul:.:head in need of (minorl (major) repairs, and appr~ximate!v feet in length. ' ~ [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 fee~ in length. ' . .' · ./l~hln 300 feet of tidal wetland;; and there is no bulkhead or ce . n ..... wall e:cis f~n on the premises.~ -[ ] Is not located within% 300 feet of tidal Wetlands to ~he best of my knowledge.* [~;tarrud items (*) indicate your property does not appearQto fall within the jurisdiction of the N.y.S.D.E.C. NOTE: If proposed project falls wiuJ~n D.E.C. jurisdi'ction, approval must be received and submit~6d ko our office before your a~plication can be scheduled fcc a gublic hearing. YORK STATE DEPARTMENT OF ENVIR0k.~M]~NTAL CONSERVATION Regulatory Affairs Unit Bldg. 40, SUNY---Room 219 Stony Brook, N. Y. 11794 (516) 751-7900 New -c_~ ~..~ie Depa ..... en~ o~ Environmental Conservation has found the oarcei~ oroject go be: Greater than 300' from inventoried tidal wetlands. ~an=~¢=rc of a substantial man-made structure Land%'ard of existing !0' contour elevation above mean sea level on a gradual, natural slope. /here is to be no construction or disturbance to vegetation ..... or topozraDhv within 20' or seaward of e:cisting ~'~o cenncur cr .op~=p .... =~ crest (as indicated). Therefore, no oermit under Article o~ filial '-=~:=-A= ~= -=~ r-.-~ ........ - Conservation Law) is reeuired an this time since the current proposal is beyond .... State mandated jurisdiction pursuant to this acm. ~exe.. any Alferna:e ?.egionai Permit Admlnisnrauor SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS* (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information eoncerning 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 significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is no.__~ 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? , · , · · · · , , 2. Will there be a major change to any unique or unusual land form found on the site? · · 3. Will project alter or have a large effect on an existing body of water? · · · · . · · Will project have a potentially large impac~ on groundw~ater quality? . Will project significantly, effect drainage flow on adjacent sites? . . . . · · · · 6. Will project affect any threatened or endangered plant or animal species? , · 7. Will project result in a major adverse effect on air quality? . . · · . . · · · 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? . . . Will project adversely impact any site or struc~- ute of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . 10. Will project have a major effect on existing or future recreational opportunities? . · , ll. Will project result' in major traffic problems or cause a major effect to exiating transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical dis%brb- ante as a result of the project's operation? ; 13. Will project have any impact on public health or safety? Will project Affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect on the character of the community or neighborhood?. · Yes ~ No Yes ~ No Yes X No Yes .~ No Yes .~_ No Yes ,~/~ No Yes ~ No Yes X No Yes X__ No Yes ~ No Yes ~ No Yes '~ No Yes X No Yes 15. Is there pu.b)~c controversy conc~r,nzng the project? Yes .. X No