Loading...
HomeMy WebLinkAbout3557 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3557 (After rehearing) Application Dated November 24, ]986 TO: Mr. Garrett A. Strang, Architect for MR. ROBERT EGAN Main Road, Box 1412 Southold, NY 11971 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on January 8, ]987, 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 III, Section 100-3l Request for Application of ROBERT G. EGAN to amend Conditional Approval Rendered 11/3/86 under Appeal No. 3557 to allow reconstruction of dwelling with insufficient setbacks upon foundation as exists at 5 and 12 feet, rather than 7 and 12 feet, at 330 Knoll Circle, East Marion, NY; "Map of Section Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, Lot 12. WHEREAS, a conditional approval was granted by this Board under Appeal No. 3557 on November 3, 1986 as noted therein; and WHEREAS, the applicant has requested reconsideration of Condition No. 1 which restricted the westerly sideyard setback at seven feet; and WHEREAS, a resolution was adopted by this Board on November 1986 by unanimous vote of all the members to re-open the hearing to re-consider the variance requested under Article III, Section 100-31 as to the westerly ~ideyard setback reduction; and WHEREAS, notice was published and posted as required by law on this public hearing, which was held on December ll, 1986; 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. By this application, a Variance Condition No. 1 of this Board's decision 1986 which reads as follows: is requested from rendered November 20, (CONTINUED ON PAGE TWO) DATED: January 8, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3557 as Amended Matter of ROBERT EGAN Decision Rendered January 8, 1987 "...Minimum setback from the west (side) property line at seven feet...'~. 2. Applicant proposes to reconstruct new dwelling upon existing foundation, rather than new foundation, which presently is set back five feet at its nearest point from the northwest property line (at the northwest corner) and 12 feet at its near- est point from the southwest property line (at the northeast corner), as more particularly shown on Drawing SP-1 dated September 5, 1986, prepared by Garrett A. Strang, Architect. 3. The premises in question is a substandard parcel con- taining a total area of 7,511± sq. ft. with 56 ft. frontage along the west side of Knoll Circle and widening to 69± feet in width along the bulkhead area. 4. The subject premises is located in the Hamlet of East Marion and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 52 Lot 12 (also referred to as Lot 27 and part of 28, Map of Section Two, Gardiners Bay Estates filed in the Suffolk County Clerk's Office September 23, 1927 as Map #275). This parcel is improved with a single-family one-story frame dwelling structure set back five feet (at the closest point) and 7± feet (at the farthest point) from the west side property line, 28 feet (at the closest point) and 40 feet (at the farthest point) from the front property line along Knoll Circle, and 40± feet from the outer edge of exist- ing concrete bulkhead, as depicted on survey prepared October 6, 1958 by Roderick VanTuyl, P.C. 5. It is noted for the record that the Variances granted by this Board on November 3, 1986 included: (a) Minimum setback from the east side property line at 12 feet [as established by existing foundation]; (b) Minimum total sideyards at 12 and 7 feet; (c) Minimum frontyard setback not closer than 28 feet from the closest point; (d) Minimum setback from existing concrete bulkhead along Spring Pond at 35 feet for the newly proposed deck addi- tion [at the closest point], and 38 feet for the newly proposed two-foot cantilever. In considering this application, the board also finds and determines: (a) that the variance requested is substantial in relation to the requirements, being a variance of 50% of the required 10-foot sideyard setback and a variance of 32% of the required total 25-foot sideyards; (b) there will be no increase in population density and this project will not produce an undue burden on available governmental facilities; (c) the grant of this variance will not produce a substantial change in the character of the neighborhood or create a sub- stantial detriment to adjoining properties since the setbacks are established with the existing foundation structure; (d) the difficulty cannot be obviated by a method feasible for appellant to pursue other than a variance; (e) the circum- stances of the property are unique; (f) the practical difficulties claimed are sufficient to warrant a granting of this variance; (g) that in consideration of all the above factors, the interests of justice will be served by allowing a variance, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance for the proposed recon- Page 3 - Appeal No. 3557 as Amended Matter of ROBERT EGAN Decision Rendered January 8, 1987 struction of the single-family dwelling upon existing foundation in the Matter of the Application of ROBERT EGAN SUBJECT TO THE FOLLOWING CONDITIONS: 1. The reconstruction of the dwelling, including cornices, overhangs, steps, etc., shall be not closer than five feet from the west side property line and not closer than 12 feet from the east side property line (at the closest points as estab- lished and shown on survey dated October 6, 1958 prepared by Roderick VanTuyl, P.C. 2. If foundation is reconstructed, setbacks from the side property lines shall not be closer than seven feet from the west side and 12 feet from the east side (including cornices, overhangs, steps, etc.) at the nearest points at the north corners. 3. This approval shall be an amendment to the prior Decision rendered November 3, 1986, and Condition No. 1 thereof, and incorporates Conditions No. 2, 3, 4, 5 and 6 herein. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and Sawicki. (Member Grigonis abstained due to his absence at the public hearing [illness].) This resolution was adopted with a majority plus one votes (4) of the five members present. lk GERARD P. GOEf~RINGE~, CHAIRMAN January 14, 1987 / NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting on Thursday, December ll, 1986 at the following times: 7:35 p.m. Appeal No. 3216 EUGENE DAVISON. Variance to the Zoning Ordinance, Article III, Section lO0-30(A)[1] for permission to establish second dwelling unit upon 9.8± acre parcel over existing horse stable. Location of Property: South Side of Sound Avenue, Mattituck, NY; Lot #4, Minor Subdivision of Strawberry Fields, which received Sketch Plan approval July 8, 1985 by the Town Planning Board; County Tax Map Parcel No. 1000-121-3-5 (containing 12.6~ acres). 7:40 p.m. Appeal No. 3577 FRANK AND DELORES DAVIES. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to replace accessory shed in the north sideyard area at 2285 Pine Tree Road, Cutchogue, NY; Lot #15, Map of Nassau Farms filed March 28, 1935; County Tax Map Parcel No. 1000-104-3-2. 7:45 p.m. Appeal No. 3578 ARTHUR ESSLINGER. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate accessory storage shed within 75 feet of existing bulkhead and wetlands area at 1515 Arshamomaque Avenue, Southold, NY; Lot #21, Map of Beixedon Estates; County Tax Map Parcel No. 1000-66-3-11. 7:50 p.m. Appeal No. 3579 - CHARLES AND SANDRA BLAKE. Variance for Approval of Access pursuant to New York Town Law, Section 280-a from the east side of South Harbor Lane along Old Woods Path (Private Road #10), to premises known and referred to as 695 Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-1-23.7. 7:55 p.m. Appeal No. 3580 NICHOLAS BABALIS. Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission to construct new dwelling with insufficient northerly side yard and insufficient total sideyards at 3360 Rocky Point Road, East Marion, NY; County Tax Map Parcel No. 1000-21-04-09. 8:00 p.m. Appeal No. 3572 MICHAEL AND JOYCE MATTES. Special Exception-Bed and Breakfast (recessed from 11/20/86). Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting - December ll, 1 986 I8:10 p.m. Appeal No. 3557 - ROBER~T §: EGA~N. Variance to mend Conditional Approval Rendered 11/3/86 under Appeal No. 3557 o allow reconstruction of dwelling with insufficient setbacks pon foundation as exists at 5 and 12 feet, rather than 7 and 12 eet, at 330 Knoll Circle, East Marion, NY; "Map of Section Two, ardiners Bay Estates," Subdivision Lots 27 and part of 28; CountyJ ax Map District 1000, Section 37, Block 5, Lot 12. 8:15 p.m. Appeal No. 3552 - JOHN SENKO. Variance for shopping center use in this B-1 General Business Zone with 30,084 sq. ft. of lot area (recessed from 11/20/86). The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the ~ubject hearing. For more information, please call 765-1809. Dated: November 20, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies to the following on or about 12/1/86: Mr. Eugene Davison, Box 248-A, RD #1, Sound Ave, Mattituck, NY 11952 Mr. and Mrs. Frank Davies, 113 Lone Oak Path, Cutchogue, NY 11935 Mr. Arthur Esslinger, Box 172, Southold, NY 11971 Mr. and Mrs. Charles Blake, 695 Old Woods Path, Southold, NY 11971 Mrs. P.C. Moore, Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 as Agent/Attorney for Nicholas Babalis Mr. and Mrs. Michael Mattes, 50 Luthers Road, Box 831, Mattituck, NY 11952 Mr. and Mrs. Donald Shaw, Breakwater Road, Mattituck, NY 11952 Mr. Garrett A. Strang, Architect, for R.G. Egan, Box 1412, Southold 11971 Stephen R. Angel, Esq. (for Senko), Box 279, Riverhead, NY 11901 Daniel C. Ross, Esq., Box 1424, Mattituck, NY 11952 Suffolk Times (personal delivery 12/2/86) L.I. Traveler (personal delivery 12/2/86) Town Clerk Bulletin Board Z.B.A. Office Bulletin Board Building Department Board Members Individual ZBA Files FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ..% .W~.....b:-~..... / .~, ..... l0 .o~.6. for permit to ~ ~..~...~"... ~. ~ .................. 0 ......... at Location of Property ~.~.. .... ~......~.'. ~ .... .,~...o~.~'...~'Z~.~ ........ House No. Street Ham/et County Tax Map No. 1000 Section ....~..~..~.. .... Block .... ~..~. .... Lot .. ~,..~". ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved'on the following grounds .(~~ .~...~ ./qO' d I -~.,.e~,. ~,)3,~..... ~.~...~a...~.. :~.~.. ,..O,a, ~. u.~ . . . ~ .~,...v.~..~. ~ :~..~. ~..~, ~: .~.,..~.~..Z~ ~,... RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE November 24, TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ....... ~;A ~,]~ ~.~... A ^ ...~ T ~%~1.Q .................. of ........ B.Qx...I.4.1 2.,...~a JJ~..~o~,d ...................... Name of Appellant Street and Number Southold New York Ill:gl:nv APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... ~./.1.5/.86 ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( x) ROBERT G. EGAN Name of Applicant for permit of .......... ?, 1.1 ....V J, ~,le r.a.. a t,r.e e.t .............. D. es.trah~ ......... T.A.....3.0DAT. .......... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 1986 1. LOCATION OF THE PROPERTY ......... ~no. ll..Cl~z, le ......................................... A/.~.esld~mtial Street Use District on Zoning Map 100-35-5-12 ................................................. Current Owner Mop No. Lot No. Robert G. Egan 2. PROVISION (SI 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-~1 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (h~c:~) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeal was ( ) request for a special permit (x) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) x) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~s requested for the reason that we would like dwelling on the existing foundation. to reconStruct the existing Form ZBI (Continue on other side) REASON FOR APPEA Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticoldifficulti~ orunneces- sary HARDSHIP becau~ the variance granted was conditioned upon our providing 7' westerly sideyard. This is impractical due to the fact that the existing foundation, upon which the house will be reconstructed, in only 5' off the property line, as despicted on the submitted survey and site plan. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because all attempts are being made to reconstruct the house on the existing foundation. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the entire surrounding neighborhood is developed with homes of similar size and nature, on small lots most of which have nonconforming setbacks. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS GARRETT A. SS~e, ARCHITECT/AGENT Sworn to this ........... ~.t..~. .......................... day of .......... .~...°..v.~.m..b...e.~ ........................... 19 86 Notary Public B.\?.BA::~, A. STRANG NOTARY PUBLIC. State of New Yo~ No. 473009,5 Ouc~lf~d ~ ~uftolk C~Jn~f ~ ©WNER STREET LA4D AGE NEW FARM [ t'illoble I THtable 2 Tillable 3 Woodland IMP. ,;~_(~_ oo _ Swampland Brushlond S VL. TOTAL FARM DATE BUILDING CONDITION NORMAL BELOW ABOVE Acre PROPE[~TY RECORD CARD VILLAGE E W Value Per Acre COMM. CB. MISC. Mkt. Value TYPE OF BUILDING. Value FRONTAGE ON WATER FRONTAGE ON ROAD z. DEPTH ---w%~~- ,Z2__~ 7 [ {' Ex~enslon Foundation m~ } ~asement ~<tension _ Fire Place  Roof ~] ~?,~eotion Room Parch rtt~('° ~ ~.0~~'~ Floors ~ ~nterior Finish .L ~ ~ ~ Heat ~/~ Rooms 1st Floor Rooms 2nd FJoor Breezeway Goraga Patio Total Driveway GARRETT A. Main Road P.O Box 1412 Southold N.Y. 11971 516 ~ 765 - 5455 TITLE DEPARTMIrNT OF PLANNING Town of Southold Zoning Board of Appeals Michael A. LoGrande Acting County Executive 360-5206 January 20, 1987 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Co~tssion 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) Robert Egan 3557 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, ,IR. ROBERT .j. DOUGLASS .JOSEPH H. SAWICKI SoUthold Town Board of Appeals MAIN ROAD- EITATE: ROAD 2=` SrlUTHDLD, L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 Pursuant to Article XIII Of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article III , Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3557 7Applicant: Mr. Kobert ~gan Location of Affected Land: 330 Knoll Circle, County Tax Map Item No.: 1000- 37-5-12 Within 500 feet of: Town or Village Boundary Line East Marion, NY Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary 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.a~men~ Conditional Approval Rendered 11/3/86 under Appeal No. 3557 to allow reconstruction of dwelling ............................. ~" c~l£L~.at ~ and 12 fest, rather than 7 and 12 feet. Copies of Town file and related documents enclosed for your review. Dated: January 16, 1987 Secretary, Board of' ~ppeals Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI January 14, 1987 Mr. Garrett A. Strang, Architect Main Road, P.O. Box 1412 Southold, NY 11971 Re: Appeal No. 3557 Robert Egan (Variances as Amended) Dear Garrett: Transmitted herewith for your records is a copy of the recent findings and determination rendered by the Board of Appeals in the above matter. Please be sure to return to the Building Department for approval of new construction in writing, if any, and other documents as may be applicable. Please don't hesitate to call either our office or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, Enclosure Copy of Decision to Building Department Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission MAI:; OF' LAND ~.L.IRV F-Y~-.D FO~. r,...,_.. ~-''' ""'--,.., k;.._ L; ':r' [-:: ~--' ,' AT TOWN OF SOUTHQLD. N.Y. D Li c e ~ s¢,r-.;I t.rj~d Southold Town Board of Appeals MAIN ROAD-BTATE RnAD 25 SDUTHI3LD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS December 11, 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3557 PROJECT NAME: ROBERT EGAN 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:Variance to Amend Conditional Approval Ren- dered 11/3/86 to allow reconstruction of dwelling with insufficien~ set- backs upon foundation, as exists 5 and 12' rather than 7 and 12'. LOCATION OF PROJECT: Town of Southold, County of. Suffolk, more particularly known as: 330 Knoll Circle, East Marion, NY 37-05-12 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 regulated as provided in Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. FOR FURTHER INFORMATION, PLEASE CONTACT: 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. 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 TELEPHONE (516) 765-1892 September 26, 1986 Mr. Garrett A. Strang, Architect Main Road Box 1412 Southold, New York 11971 Re: Esan Residence, Knoll Circle, East Marion Dear Mr. Strang: The following action was taken by the Board of Trustees during their regular meeting held on September 25, 1986 regarding the above captioned matter. WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board considered all the documentation submitted concerning this request, and WHEREAS, the Boad made the following findings of fact 1. By this request appellant requests permission to reconstruct an existing residence with a deck. The house will be ~,152 sq. ft. and the deck to be 270 sq. ft. 2. The property is located on Knoll Circle, East Marion. 3. The project will not affect the health, safety and general welfare of the people of the town. ACCORDINGLY, on motion made by Trustee RESOLVED that Garrett A. Strang on behalf of Robert G. Egan BE AND HEREBY IS GRANTED A WAIVER of the Wetland Ordinance as requested with the following provisions: 1. Care is to be taken so as to preclude the entry of any construction material into the wetland area. 2. Immediately following construction, all areas of exposed soil shall be suitably protected with suitable erosion control devices and/or vegetated. Egan Determination Page 2 - Sept. 26, 1986 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. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfmfferlzng, Secretary HPS: ip cc: Trustees Bldg. Dept. Board of Appeals C.A.C. file Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOIITHOLD, L.I., N.Y. !1971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 2, 1986 $.E.Q.R.A. GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE pOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. $AWlCKI NEGATIVE ENVIRON~iENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3557 PROJECT NAME: ROBERT EGAN This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article B 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 simil&r project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] ~t~~~ ~T~i~~ Ii)Reconstruct dwelling with insufficient total ~j~e i r insufficient fro0~yaKd; (2) a~di~ion.anq . Har~or. g feet of tidal wetmanos, among mpr]ng keno, Orient LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 330 Kn0]] Circle, East Mari0n; Gardiners Bay Estates. 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; The relief requested is a setback variance regulated as pro- videJ2~n Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. FOR FURTHER INFORMATION, PLEASE CONTACT: 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. NOTIC~ OF HF~INOS NOTICB 15 HBR~BY GIV- EN, p~u~t ~ ~n ~7 of th~ ~ ~w ~ ~ C~ of · e ~ of ~, fo~~ held by the M~n ~, ~u~old, ~ at a ~ M~ on ~.~ ~r 11, 1~, ~c- i~ a~ the foH~ 7:35 p,~ ~ N~ 321~ to ~e ~g ~ Iii, ~on 1~) [1] f~ ~lon ~ ~mb~ ~nd d~ u~t Sl~ of ~und A~u~ Mat- tituck, ~; ~t N~ 4, ~or SubdJvJsfon of Strewbarry FleJ~, which PI~ appm~ the ~wn Plan~ Bo~; 1~]21-3.~ (~n~ IL6~ ~). 7:~ ~. Ap~ Na 3577- FRANK AND DE~R~ fion 1~32 for ~on no~~~ No. 15, 7.43 p.m. _~RTHUR ESSLINOBe'. '. 1~-119.2 for within 75 f~t of bulk~ ~d 1515 ~o~ ~uthold, NY; ~t ~a 21, M~M CHAR~S AND ~D~ COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island~raveler-Watchman once each week for ........................... weeks successively, commencing on the ...................... Sworn to before me this ff ~ .................... day of Notary Public BARBARA FORBES Notary Public, State of New York No. 48068.16 Qualified in Suffolk County Commission Expires ~.ffz~ Town Law, Section 280-a from ,= e~! from 11/20/86).,. the cast side of South Harbor .", The Board' of Appeals will Lane alon~ OldWoi~h Path, ~:i j;,;;he0f a.t said time and place all (Private Road N~.- l~) t~'~ ~ ~et'l~om or representattve~ deslr- premises known and referred to~ mg to be heard In each of the as 695 Old Woods Path, i/,".': !~,~ hca~.~s. Written com- Southold NY: Count,,'n,-~. ~, . 111e,.nts may al~o be submitted Parcel No. 1000-87-1-23.7~ ~'~t~; ;prk~i- to the conclusion of the 7:55 p.m. Appe~ No. 3580~,~''~ ~ subject h~ring. For more infor- NICHOLAS BABALIS,= ~,~ ~'==~ n~ll°,n' please call 765-1809. Variance to the ?t~nino I¥?':~¥.]TM November 20, 1986 100-31 for permission to gon- .:~{ ~ ;~,' ; SOUTHOLD TOWN ~truct new dwellin8 with imuf-,: ,,. , BOARD OF APPEAL.q ficient t}ortherly side ~ and :'~ GERARD P. GOEHRINGER, insufficient total sideyasds at ~¢I ~',., ~ CHAIRMAN 3360 Rocky Point Road, Emf ,~ Linda Kowalsld, Marion, NY~ County ~ Map¥~r', ~ '~ . Board Secretary Parcel No. 1000-21-04-09. I 'j _ IT-12/4/86(49) 8:~ p.m. Appel ~lo. ~$72. MICHAEL AND JOYI~ 31AI]2F.~ Special Ba~ption- Bed and Breakfast (messed from 11/20/86) · NOTICE OF ffEARING$ NOTICE IS, ,' HEREllmnk GIVEN, pursuant ~ ~ion ~ of the Town ~w ~ the C~e of the To~ of ~u~oid, the i~ public ~np will ~ held by ~e ~O~ ~WN BO~D OF ~P~ at ~e ' ~"~ ~fll, 1~, ~mmenc- ~g at ~e follo~ times: 7:8~ p,m, Ap~l N~ 8~16 - EUGENE DAVI~N. Vnri- nn~ ~ ~e ~ning O~innnce, ond dwelling unit u~n ~b~. ~tion o[ ~y~ ~u~ 8ida of ~und Aven~. MnttRuek, NY; ~t ~, Minor Field, ~hieh ~eiv~ ~ke~h PI~ approval duly 8, 198~ by · e Town Planning ~a~; County Tax Map Panel No.~ F~NK AND DAVI~8. V~an~ ~ ~ ~-~'~ tion 1~-3~ for ~rmi~ion ~ ~ place ~ sh~ in the n~ ~ideyn~ n~n at ~ ~ne ~ .~ed, Cu~ho~e, N~; ~t ~1~ Map of Na~u [arran 7:45 p.m. Appel No. 8578 -' ARTHUR E~LINGER. Vn~- A~ide XI, ~tioa I~-I19.R for e~i~tin~ bulkhead ~nd wetlnnd~ a~a at 1~1~ Arshamomaque Aven~e, ~uthold, NY; ~t Map of ~ix~n Es~s ~unty Tax Map Pa~l No. 7:~ p.m. Appel No. ~79 - CHiS ~D 8~D~ B~. Va~an~ f~ Approval of A~ pu~uant ~ New York ~ne along Old W~ Path known and ~fe~ ~ ~ 695 Old W~ Path, ~uthold, NY; .~unty Tax M~ Pa~[ 1~7-1-~.7. 7:~ p.m, A~[ No. ~ - NICHO~ ~BA~8. Vari: aa~ ~ ~e ~ning O~inan~, A~icle II1, ~ion 1~31 for ~rmi~ion ~ ~t~ new d~[ling with insu~eient no~- 'erly s~ ya~ and insu~cien~ - ~l' ~deya~s at 33~ ~ky ~nty Tax Map Pa~e[ No. 8:~ p.m. Ap~[ No. 3572 - MICHAEL AND JOYCE MA~E8. S~ial Exception- STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) Carol SEnti. ate of Greenport, In said County, being duly .worn, says that ha/she is Principal Clerk of THE SUFFOLK TIMES, e Weekly Newspaper, published et Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed Is a printed copy, has been regularly published In said Newspaper once each week for weeks successively, commencing on the dayof D~_c 19 86 Principal Clerk '8.10 pm. . Appea No. ,3557. - fR~BERT ,G. EGAN. Variance ' t~ amend Conditional Approval hefo~ t No. 35o7 ~ allow ~construct' - ~, 1~' of dwelling with in~ll~cient set- / -/ ~ MA~ K DEGNAN nd 12 feet, rather than i at 5~ , , [ // ~Suflok~.tyN0.4849860 ,and 12 f~t, at 330 Knoll Circ[e,t . '~ - ' . ~ ~ ]erm Exp,res ~ebruar~//l~ [ ~st Marion., NY; "Map of ~c-~ t on Two Oa~iners Bay Es- , rates," Su~ivisinn I~)ts 27 and~ - part of 28; County Tax Map Dis-] trict I ) 0. ~ction 37, BI.ok 5,~ Lot 12. 8:15 p.m. Appeal No 3552 - JOHN SENKO. Variance for shopping center use in this General Business Zone with 30,084 sq, R. of lot area t recessed< from 11/20/85L The Board of Appeals will hear at said time and place all lng to be heard in each of the above hearings. Written com- ments may also be submitted prior t the conclusion of the subject hearing. Fpr more infor- mation, please call 765.1809. Dated: November 20, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL& GERARD P. GOEItRINGER, CHAIRMAN Linda Kowalski, Board of Secretary ,ITD4-5446 - ' e Southold Town Board off'Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlC~I TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event the're 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 free to call our office, 765-1809. Yours_ very ~,~/~__ ,~ G'ERARD P. GOEHR['NGER J CHA~'RMAN Enclosure Linda .Kowalski Secretary and Board Clerk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR, ROBERT J, DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 December 2, 1986 Mr. Garrett A. Stran9, Main Road, Box 1412 Southold, NY 11971 Architect Re: Appeal No. 3557 - Robert Egan (Variances) Dear Gary: Transmitted herewith for your records is a copy of the official findings and determination rendered by the Board on November 3, 1986 in the above matter. As agreed at our November 20, 1986 Regular Meeting, a hearing on your application for reconsideration of Condition No. 1 of this decision has been scheduled and advertised for December ll, 1986, at 8:10 p.m. Yours very truly, Linda Kowalski Board Secretary Enclosure BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : ROBERT O. EGAN : : to the Board of Appeals of the Town of Southold _: 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] 2. That the property which i~{noll Circle cribed as follows: the subject of the Petition is located adiacent to your property and is des- 1000-037-e5-12 3. That the property which is the subject of such Petition is located in the following zoning district: A~Residential 4. That by such Petition, the undersigned will request the following relief: Relief from sideyard setbacks $. Tha! !he provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signed are Article III Sectic~ 1 00-31 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-wRy. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 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. Petitioner GARRETT A. STRANG, ARCHITECT Owners ' Names: Robert G. Egan Post Office Address -- 211 Villere Street D~q~rahan: LA 7flfla7 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRES~S Paul Capron Paul J. Reilly 315 East 65th Street, New York 10021 ~ 10305 SW 99th Street, Miami, FlOrida 3317£ CERTIFICATE OF MAILING ~ Garrett A. Strang, Ar Box ~412 Southold, NY ~1971 ~ 315 East 65th Street New York, New Yrok 10021 _ STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: Garrett A. Strang , residing a! Main Road~ Mattituck, New Yrok , being duly sworn, deposes and says that on the day of November 24 ,19 86 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, 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 assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- flceat Southold~ New York (ee~eified,.) ,-( re~i~,~.~ ) mail. Sworn to before me this 24th day of November ,19 86 / Notary Public ; that said Notices were mailed to each of said persons by GARRETT A. STRANG BARBARA A. STRAN~ NOTARY PUBLIC, State of New ¥o~ Nm 4730095 Quollfled in Suffolk Country ~ Commissian Exl~irel Mar~ 30',19~.. (This side does not have to be completed on form transmitted to adjoining property owners.) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE November 24, 1, (We) .......QA gRl~ ~'.T.... A ^ .. ~,~'BA~.(~ .................. of ........ t~,.Q Y,...:L.4.12. ,...~a J.~ ..~QD4:I ...................... Name of Appellant Street and Number Southold New York HEREBY ..................................... '/~"'"~i'~il~(~Ji~ .............................................. ~.;.;~.; .......... APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... 9./..1.5/.8.6 ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) ROBERT G. EGAN Name of Applicant for permit of .......... ?,.l J ....Vi, ~,J,e r.~..~t,r.e e.t .............. D. es.tra_ha.~ ......... ~.A.....3.(~DA2 .......... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD 198 1. LOCATION OF THE PROPERTY ......... KnD. lk..C~Ec, le ......................................... A/.~es3.dential Street Use District on Zoning Map 100-35-5-12 ................................................................................. Current 0whet Robert G. Egan Mop No. Lot No. 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 (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (hg~c~l~') been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (x) request for a variance and was made in Appeal No .......... ..%.~..~.?. ........... Dated ......... ?..?.~...~..~...~...6...~.......%.~..~.?..8..~ ................... ) x) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that we would like to reconstruct the existing dwelling on the existing foundation. Form ZBI (Continue on other side) REASON FOR APPEAL. Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- Sory HARDSHIP because the variance granted was conditioned upon our providing 7' westerly sideyard. This is impractical due to the fact that the existing foundation, upon which the house will be reconstructed, in only 5' off the property line, as despicted on the submitted survey and site plan. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use distr~ct because all attempts are being made to reconstruct the house on the existing foundation. 3. Tine Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the entire surrounding neighborhood is developed with homes of similar size and nature, on small lots most of which have nonconforming setbacks. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) GARRETT A. S~e, ARCHITECT/AGENT Sworn to this 24th .............................................. day ,~f November ............ 19 8(; /Notary Public BARBARA A, ~. 473~ mission of Lhis.rm. arid d~ er~virom.e;,L-I .viu~ v~i}l be made by [h~s bo,i~l~ before an~ actior~ is LakIMf. ,,C,~O,RT. rt;'lhq, O~'P,.'.ENTA~ ASeFSZME;/T Fc~24 (a) In order to ~nswer the questions ~n this short ~AF is is ass~d that tbs pre~rer ~'ll~ use c~rrentl~ available ~fo~ion ccnco~in~ ~he proJec~ and (b) I~ ~n7 question ha~"~een enamored Yes tho p~'o~ec~ ~y be si~i~lcant and (c) If all questions have been answered ~o it is l~ely t~t this project nc~ sAgnifican~. (d) F~virc~en~=l A~s,essment l. W~i proJ~c~ reset In ~ large physical ~o ~he pro,acc sl~e or ~hysically a~er more ~n 10 acres of land? . . . . . . . . . . . . Yes X No 2. Will =here be a major change ~o any ~ique or ~. W~i project alter or Mve a large effect on an existxng bo~y o~ wi~er? . · · · · ~ * · · · Yes X ~ W~I ( - have a pro~ec, pote~tially large ~ o~ W~I project st~ificantly e~foct drayage ~ on adjacent s~tes? · · · · · · · . · · · · Tee X 6. Will project affect any't~eatened or endangered plant or anal species? ~ . . . . . . . ~ . . Yes X No W~I prc~ect res~t in a major a~verse e~fect on 8, ~1 proje:~ have a m~Jor offoc~ on visual a~=er o~ the coequals7 or scenic views or vistas kno~ to be ~por[~n~ [o the ~om.~unA~y? · · · .. Tea X 9. Will proJac~ adversely ~pac~ any site or ~re of historic, pre-~istoric, or paleontological i=portance or any site deai~aced as a critical enviro~en~l area by a local agency? · · · Yes ~ Ko 10. W~I ~roJect have a ~Jor e~fec= on exis[~g or future recreational opportunities1 · · · Tee Z ~o 11. Will proJecc resu[~ in ~Jor [ra~[c proble=s or cause ~ mabo~ e~ec~ [o existing iran=pot[aC[Ch ~2. WIll pro~cc seg~sly cause objectionable ance a~ ~ res~ o~ the pro~ec~'~ operation? . Yen X No 1]. WIll pro3ecc have any ~mp~c[ on publtc h~[ch or %¢~ project ~fftc~ :he ex2~t~ng co. unity by d~rect~y c3.~t~ ~ Crawth zn pernanent tlon of more t~,an 5 percent over a period ~ have · ~Ajor negative effect on t~.e .,-P~ ..... IT[.,~. EObe~[ E~n - O~ne= DATE: Novembe= 24 r 198,~ September 11 , 1986 Southold Town Board of Appeals Main Road SouthoLd, NY 11971 Appeal Application of Robert.G. Egan Location of Property: _Knoll Circle (~000~J~-~-~z East Marion, Mew xor~ Dear Sir:: In reference to the New York State Tidal Wetland-- r:and-U R~gu~ations, 6 NYCRR, Par= 661, and Article 25 of the ~ew Yet Environmental Conservation Law, please be advised ~ubjoct property iQ the within appeal application%: (pL~a:u ch,~ch ~o box)' [x ] M,ly bo locatad }~ithin 300 fee~ of tidal wetland: how,~ver, constructed along the water-lying; edge · ~ a bulkhaad in very good condi=i~a and a= luas~ 100 fee~ in ~length.* ] May ~e 'located within 300 fee~ of tidal wetland: however, cons~ructcd along the wace~r-lying edge of this property is a bulkhead in need of (major) repairs, and approximately_ ' length, feet [ ! [ ]. May be located within 300 feet of tidal wetlands however, constr%~cted al'ong the water-lying edge of this property is a bulkhead lets than 100 fee in length. May be loc-",ted within 300 feet of ' " tlda! wetland~ and there is no bulkhead or 'on the premise~. Is not located withiq 300 feet of ~idal Wetlands to *'he be".t of ,!y knowlud~3e., {~;tarre~! items (*) indicate your property dou~ not appear to fall wi~?i:~ the jurisdiction of the ~4.y.S.D.E.C. [:OTE: If prooosed project ~a''- ~TT A. STR6NG, ~GENT approval must be received an~ Sukmit~6d to our office before your a~p~ica~ion can be scheduled fo~ a public hearing. ~UTHOLD TOWN BOARD OF APPF~"] MATTER OF ROBERT EGAN THURSDAY, OCTOBER 2, 1986 PUBLIC HEARING 9:02 p.m. Appeal No. 3557 - Public Hearing commenced in the Matter of ROBERT E~AN. (1) reconstruct dwelling with insuf- ficient total sideyards, insufficient [northwesterly] sideyard, and insufficient frontyard; (2) addition and reconstruction of dwelling within 75 feet of tidal wetlands, along Spring Pond, Orient Harbor. 330 Knoll Circle, East Marion (Gardiners Bay Estates) The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a map again from Garrett Strang, dated September 5, 1986 indicating a proposed addition to be 2 feet on this existing lawn reducing the3setba~k f~om the bulkhead 40 feet plus or minus and a proposed deck which is to the south of that reducing the setback to (I believe that's) 33 feet plus or minus and an addition to the one side which again appears to be a reduction of one foot to 14 feet. And I have a copy of a Suffolk County Tax Map indicating this and surrounding properties in the area. Again Mr. Strang, would you like to be heard. We're on a roll tonight with yours. MR. STRANG: I'll leave you alone after this one. The applica- tion in front of you is one in which essentially, this house is an old bungalow which was built quite some time ago. And it was not of much value struqturally. Not that it's invaluable. It's valuable but the owner of the property intends to retire, not the distant future, and to relocate to this area and make it his permanent residence. He presently lives out of state. He has sunumered here for quite some time. The house as it is and it's layout and configuration, is not adequate for his purposes. What he would like to basically do is tear the bungalow down to the foundation and rebuild a new structure which would have a proper living configuration to suit his needs on top of this existing foundation. Tow things that we are doing as part of this is extending the house towards (on one side) to what I'll say is south or the bulkhead side by cantalevering 2 feet over the foundation. And likewise, along what would be considered the easterly side, we're going to cantalever about a foot and a half over the existing foundation. In addition, if you look at the site plan; immediately behind the proposed deck, the area that's cross hatched in, that larger rectangle, is an inset on ~he'ib~ present foundation which will be squared off and built over. So essentially, it will be constructing a rectangular house instead of what he has now which is a cottage or bungalow that had a series of additions and alter- ations and bumps and jogs all over the place. This is going to be a story and a half addition or construction. And the deck again, on the south side which goes out towards the bulkhead, will extend beyond the limits of the proposed addition by another Page 2 - October 2,~86 Public Hearing of R~ert Egan Southold Town Board of Appeals MR. STRANG (Continued): 5 feet. That dimension that you made mention to, has a setback of 33. So this deck is actually 35. And this deck again, was elevated. It's at the level of the first floor of the house which is... The property does slope. As it is, the house, the finished floor of the house would probably be about 3 to 4 feet above the existing grade which it's pretty close to that now on the south side. And it would be in excess of 8 feet above the grade on the bulkhead side which is just a natural flow or lay of the land. The deck itself would be about 8 feet up in the air and that's what necessitates the stairway that's projected on the east end to get the grade. The concrete wall 'that's shown, has been there for years. I guess it served at one time, as a sea wall prior to the installation of the bulkheading which is theme and relatively new and in serviceable condition. Again, we're at the point where the nature of the construction is such that we fall within the requirements of the setbacks. We have non-conforming setbacks on all sides. In two cases we are reduc- ing those. The front yard setback is being reduced almost insig- nificantly just by the nature of the fact we're extending even a foot and a half of the property where the house does lay so far to the property line. So we are reducing that setback to ..... TAPE ENDED INTERRUPTING REMARKS CHAIR~%N GOEHRINGER: 28? MR. STRANG: It shows to be 28. That would be the size. So I would assume that the existing is 29 or there about. The side yard setback was 13% according to the surveyor and it will now be 12 with that foot and a half setback at the closest point on the easterly side. The westerly side setback was existing at 5. It will remain as such. And the setbacks on the bulkhead side of the property essentially to the existing house or the existing foundation from the furthest~ most point that the bulkhead pro- jects out of the Spring Pond is about 70 feet. So that would be reduced to 68 with the cantalever section that that would take into account. Although, again, the cantalever section is 8 feet or better in the air and it doesn't go down to the ground. CHAIRMAN GOEHRINGER: Do you have a survey that you're reading from? MR. STRANG: I have a site plan that you have. CHAIRMAN GOEHRINGER: The same thing? MR. STP~%NG: It should be. CHAIRM~_N GOEHRINGER: Because mine says 14 on the east side. Page 3 - October 1986 Public Hearing of Robert Egan Southold Town Board of Appeals MR. STRANG: 14 feet is at the point where the deck is rotated at the property line. However, towards the road you'll notice that there was a 13.5 dimension as an existing setback at the corner of the house. As I mentioned, we're going to cantalever a foot and a half over that side. So it will be done at 12 feet. So at the closest point, we are 12 feet off the side line. Al- though again, it does fan out and increases yet further back on the site. I think in this case, the lot coverage does meet the requirement with all proposed additions as shown. So we're look- ing for those yard reliefs. CHAIRMAN GOEHRINGER: You are aware that this Board is quite em- phatic about ingress and egress. Particularly on (I was looking at it) the south side and you're referring to it as the east side. And 12 feet is closest point and 14 as you go down a little bit further you have a stoop involved. And although that's not an actual part of the side yard, it does preclude the use of machinery to go down and either deal with the cesspools or the bulkhead or whatever the case might be. So I have no idea what the Board is going to feel about that particular area. We will be down there and remeasure it. I was down there Sunday. MR. STRANG: Presently the condition is 13½ feet. CHAIRMAN GOEHRINGER: Ok. I thank you very much. I will see wh~t develops. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Yes sir. Could you state your name for us. MR. LONG: I didn't get a drawing so I don't... CHAIRMAN GOEHRINGER: You didn't see the drawing? MR. LONG: I haven't seen the drawing. CHAIRM3~N GOEHRINGER: Could I have your name for the record sir. MR. LONG: Yes. Ralph Long. I'm a neighbor. CHAIRMAN GOEHRINGER: Now I marked up that drawing. If you want to look at the one underneath it that's the one that's not marked up. Now if you'd like to study this for a couple of minutes of what you're looking at? If the Board will indulge this again, we'll take a 2 minute recess. Ail in favor to recess - aye. MR. LONG: First indication we had of this change was when Mr. Regan mentioned it about a month or so ago. I think I let you, showed you his house when you were down there. If you look at the drawing, you'll see that his house is only 2 feet from the property line on one side. And I think any change, no matter what kind of a change it is, would be an improvement on that house. It seems like every time somebody wants to make a change, has to get a variance to make it whether it's for 2 feet, a foot 4 - October 2, t6 Page Public Hearing of Rob~'rt Egan Southold Town Board of Appeals MR. LONG (Continued): and a half, whatever. We do have a real estate committ¢~ there and I'm here on behalf of them and all I can do is v6ice an ob- jection to it. But we would be willing to discuss it further if we saw more of the plan. I can't make heads or tails of it. It looks like the proposed addition is just a little extra strip. Now you have it 40 feet from what? It's 40 feet from what ~ MR. STRANG: From the existing foundation. It's 40 feet from the property line at the existing foundation. It's a canta- lever over that foundation by 2 feet. So we would grade rather than extend the foundation. CHAIRMAN GOEHRINGER: Just a minute. We are running into a lit- tle problem here. And that is; every question that you ask Mr. Strang, he has to react to and we can't get that on the tape. We can do one of two things here. We can recess that until the next regularly scheduled meeting or you can go out in the hall and discuss it with Mr. Strang and come back in and voice any other objection over and above what he might solidify for you. MR. LONG: I understand. I don't want to be here until 11 o'clock. Are you willing to do that? Can we recess for a couple of minutes or you take the next one and we'll come back after. CHAIRMAN GOEHRINGER: It depends how long Mr. Strang... Do you have any o ~ections to that Mr. Strang? MR. STRANG: I have no objections. CHAIRMAN GOEHRINGER: Ok. Are you going to supply us with any sort of plans on this other than what you've given us? MR. STHANG: I can give you the plans and elevations of the house which is shown (at this point and time) as nearly completed. CHAIRMAN GOEHRINGER: Ok. Why don't we do that. Then we'll close this hearing after the next one and you can go out in the hall and discuss it with him or whatever you have to do. Ok? MR. LONG: Thank you. CHAIRi~AN GOEHRINGER: motion recessing the Hearing no further comment, I'll make a hearing for about 20 minutes hopefully. Ail in favor to recess - aye. Ail in favor to reconvene - aye. CHAIRMAN GOEHRINGER: Sir, would you like to speak? I forgot your name. I apologize. Page 5 - October 2,~986 Public Hearing of ~ert Egan Southold Town Board of Appeals MR. LONG. After going over this blueprint, on behalf of the association and as a neighbor, we have no objection whatsoever. CHAIRMAN GOEHRINGER: Alright. Thank you very much for voicing your concern and I'm glad we could do it expeditiously without having to recess or something. Is there anything else you'd like to add Mr. Strang, for the record? MR. STRANG: No. I think we've pretty much touched base on everything there as it was presented. I appreciate your concern about the access adjacent to the building and lot line. But again we did try to keep that expansion and the need for the variance to a minimum. Obviously it's down to a foot and a half. So I'll ask the Board's consideration on that. If there's any question, I'd happy to answer them. CHAIRMAN GOEHRINGER: I don't think so. Alright. Thank you. Thank you for speaking to the association. Hearing no further comment, I make a motion closing the hearing reserving the de- cision until later. Ail in favor - aye. Transcribed from cassette tapes recorded during the hearing. Nadia Moore 10/21/86 I I 7 ." ~,~ -~ ~ \ _ ,, k' ,..o . ,e,.,~'~' '~_~,~ ~ ~ ~ ~~- ~"' ~.~. TITLE LOCATION architect Main Road P.O. Box 1412 Southold N.Y..Il971 516- 765 - 5455 ,,~,~, ~ i - ~VJAP OF LAND S LI, RV F...Y~. D FOI~. AT EAST MAI:~IO N TOWN OF SOUTNOLD., N,Y. /. 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 TELEPHONE (516) 765'1892 September 26, 1986 Mr. Garrett A. Strang, Architect Main Road Box 1412 Southold, New York 11971 Re: E~an Residence, Knoll Circle, East Marion Dear Mr. Strang: The following action was taken by the Board of Trustees during their regular meeting held on September 25, 1986 regarding the above captioned matter. WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board considered all the documentation submitted concerning this request, and WHEREAS, the Boad made the following findings of fact 1. By this request appellant requests permission to reconstruct an existing residence with a deck. The house will be t,152 sq. ft. and the deck to be 270 sq. ft. 2. The property is located on Knoll Circle, East Marion. 3. The project will not affect the health, safety and general welfare of the people of the tow~. ACCORDINGLY, on motion made by Trustee RESOLVED that Garrett A. Strang on behalf of Robert G. Egan BE AND HEREBY IS GRANTED A WAIVER of the Wetland Ordinance as requested with the following provisions: 1. Care is to be taken so as to preclude th~ entry of any construction material into the wetland area. 2. Immediately following construction, all areas of exposed soil shall be suitably protected with suitable erosion control devices and/or vegetated. Egan Determination Page 2 - Sept. 26, 1986 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. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Secretary HPS: ip cc: Trustees Bldg. Dept. Board of Appeals C.A.C. file NOTICE OF HEARINGS ' NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southotd, the follow- lng public hearings will .be held 7:35 p.m. Appeal No. 3559 - LEONARDUS AND MARIE VANOUDENALLEN. Varg ance to the Zoning Ordinance, Article ~I; Section !00-31 for permission, to construct addition to dweHing with an insufficient frontyard setback, at 230 Sailor's Lane, ~utchogno, NY; District 1000, Section 111, Block 14, Lot 07. 7:40 p.m. Appeal No. 3555 - SHIRLEY HOMAN. Variance to the Zoning Ordinance, Article IH, Section 100-31 for permis- sion to construct addition to dwelling with an insufficient rearyard setback, at 160 Smith Drive, Peconic, NY; District 1000, Section 98, Block 3, Lot 38. 7:45 p.m. Appeal No. 3554 - NORMAN AND KAREN REICH. Variance to the Zoning Ordinance, Article HI, Section 100-31 for permission to con- struct dwelling with an insuffi- ciont rearyard setback, at 1809 Right-of-Way offthe East Side of Rocky Point Road, Kast Marion, NY; District 1000, Section 31, Block 3, Part of Lot 10; Kimon and Retzo~ Minor Subdivision #81, Lot #2. 7:50 p.m. Appeal No. 3547 - JOSEPH AND CATHERINE RIEMER. Variance to the Zon- ing Ordinancei Article Ill, Se~- tion 100-31, Bulk Schedule for approval of insufficient lot area, width and depth of two parcels known and referred to as Lots t~6, 97, 98 and half of 99 at Peconic Bay Estates, Map #1124, and identified on the County Tax Maps as District 1000, Section 53, Block 4, Lot 32. 7:55 p.m. Appeal No. 3503 - GEOB~E D. DAMIEN. Vari- ance requesting confirmation of Building lnspecteFs actions and prior Z.B.A. Decision Rendered under Appeni No, 949 of 9/1/66, recng~zing two separate build- lng lots, having insufficient area, width and depth as re- qnired by Article HI, Section 100-31, Bulk Schedule of the Zoning Code. Location of Prop~ erty: Comers of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, ffiock 9, Lot 12. 8:00 p.m. Appeal No. 3484 - PHILIP AND ELLEN BEL- LOMO. Variance to the Zoning Ordinance, Article XI, Section 100-119~2(C) for permission lo construct addition at rear of dwelling with an insufficient setback from wet[ands along Great Pond, at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, Soctipn 59, Block 6, Lot 8. 8:05 p.m. Appeal No. 3552 - JOHN SENKO. V~riance to the Istruct dwelling with insufficient h~sufficient front yard; (2) XI, Section 100-119.2~B) for permis- sion to construct addition and re- construct dwelling Within 75 feet of tidal wetlands along Spring Pond. Orient Harber. Lo- cation of Property: 330 Knoll Circle, East Marion, NY; "Map of Section Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map Distci~t 1000,'soction 37, Block I 5, Lot 12. ~l~m~ao p.m. Appl. No. 3487-SE- -CHURCH OF THE OPEN DOOR. Special Exception to the Zoning Ordinance, Article III, So~tion 100-30(B)[2l for permis- sion to construct and e~tablish House of Worship with related religious activities On a fiv6-acre tract of land referred to as Lot #3, Minor Subdivision of Salva. tore Catapano, which .received Sketch-Plan Approval 4/14J86 by the Town Planning Board. Location of Property: West Side of Main Bayview Ro~d, South- old, NY;' (~o~nty Tax Map Dis- trict 1000, Section 69, Block 6, Part of Lot~,~and 2, (Current OWners: S. a~ J. Catopano). 8:45 p.m~, Appeni No. 3560 - EDMUND AND JOAN PRES. SLER. Appeal from Building In- spector Notice of Disapproval dated 1/2/86 and Z~A Action #3463 dated 5/6~86, ami Vari- ance to-the Zoning O~dinance, Article VII, Section 100-71, Bulk Schedule and Article VII, Sec- tion 100-70{A)[l[{dl for permis- sion to establish a ~ retail/ existing nonconforming two- family dwelling and antique- sales business use on this parcel of 68,912 sq. ft. in area and 95.44 ft, lot width. Location of ProP' erty: "B-I" General Business Zoning District~ North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-63-3-26. The Board of Appeals will hear at said time and placa all persons or repreaentativce desir- ing to be heard in each of the above hearings. Written cam- /neats may also he submitted prior to the concl ~usiQn of the subject hearing. For mar~ infor- mation, please call ?~5-1809. Dated: ~ptember 11,'1986. · ; ByORDEROF THE SOIJTHOLD. . TOWN BOARD OF APPEALS GERAIgD P. GOEHRINGER, CHAIRMAN Lin{la Kowaiski, ITS25-5362 Zoning Ordinance, Article VII, _ Section 100-70, and Article VI; Section 100-62(B), for permis- sion to establish shopping center use. in this "B-I" General Busi- ness Zoning District with insuf- ficient lot area at 49295 Main Road (a/k/a Ackerly Pond Lone), -southold, NY; County Tax Map District 1000; Section 70, Block 07, Lot 01, containing 30,084± 8:10 p.m. Appeal No. 3553 - EUGENE BOZZO: Variances to the Zoning Ordinance, Arti- clem (D XI, Section 100-119.2 for permission to construct dwelling with an insufficient setback from wetlands/tidal water alohg Gmat Peconic Bay; {2) Ill, Sec- tion 100-32 to relocate accessory garage building in the frontyard area; (3) Ill. Section !00-31, Bulk Schedule, to construct with lot coverage of all structures in excess of maximum-permitted 20 percent, location of Property: South Side of Camp Mineola by the SOUTHOLD TOWN Road, Mattituck; County Tax BOARD OF APPEALS at the Map District 1000, Section 123, Southold Town Hall, Main Road, B~ck 6, LOt 27. mm.,. Southold, NY at a Regular Meet- ~'8:15 p.m. Appeal NO. 3557~-~ in commencin at ' m on ROBERT EGAN. Variances to ~URSDAY, gOC~B~R' 2, ! tRheO~n'ng Ordinance, Articlet; [ 19~6o.~asfoll°Ws. ~ [ (D II1, Section i00-31 to recon- ~TATE OF NEW YORK COUNTY OF SUFFOLK of Greenport, in .id County, being duly sworn, gays that ho/she ia ' Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed 18 a printed copy, has been regularly publlghed in said Newgpaper once each week for 1 week8 successively, commencing on the 2 5 dayof September 19 86 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of theTown Law and the Code of the Town of Sour hold, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF AP- PEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting com- mencing at 7:30 p.m. on THURSDAY, OCTOBER 2, 1986 and as follows: 7:35 p.m. Appeal No. 3559-LEONARDUS AND MARIE VANOUDEN- ALLEN. Variance to the Zon- ing Ordinance, Article I11, Sec- tion 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback~ at 230 Sailor's Lane, Cutchogue, N.Y.; District 1000, Section 111, Block 14, Lot 07. 7:40 p.m. Appeal No. 3555-SHIRLEY HOMAN. Variance to the Zoning Or- dinance, Article III, Section 100-31 for permission to con- struct addition to dwelling with an insufficient rearyard setback, at 160 Smith Drive, Peconic, NY; District 1000, Section 98, Block 3, Lot 38. 7:45 p.m. Appeal No. 3554-NORMAN AND KAREN REICH. Varia.qce to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct dwelling with an insuffi- cient rear yard setback, at 1809 County Tax Maps as District 1000, Section 53, Block 4, Lot 32. 7:55 p.m. Appeal No. 3503-GEORGE D. DAMIEN. Variance requesting confirma- tion of Building Inspector's ac- tions and prior Z.B.A. Decision Rendered underAppeaINo. 949 of 9/1/66, recognizing two separate building lots, having insufficient area, width and depth as required by Article Ill, Section 100-31, Bulk Scheduling of Zoning Code. Location of Property: Corners of Jackson, Fifth and Main Streets, New Suffolk, NY; County Tax Map District 1000, Section 17, Block 9, Lot 12. 8:00 p.m. Appeal No. 3484-PHILIP AND ELLEN BELLOMO. Variance to the Zoning Ordinance, Article XI, Section 100-119.2(C) for per- mission to construct addition at rear of dwelling with an insuf- ficient setback from wetlands along Great Pond, at 7455 Soundview Avenue, Southold, NY; County Tax Map District 1000, .Section 59, Block 6, Iot 8. 8:05 p.m. Appeal No. 3552-JOHN SENKO. Variance to the Zoning Ordinance, Arti- ..l~.L,,~f,7.~~.,~of~0)e East Side ~le Vll, S~_~. !~70 and Ar- Kimon and Retzos Minor Sub- General Business Zoning division No. 81, Lot No. 2. 7:50 p.m. Appeal No. 3547-JOSEPh AND CATHERINE RIEMER. Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule for ap- proval of insufficient lot area, width and depth of two parcels known and referred to as Lots No. 96, 97, 98 and hall of 99 at Peconic Bay Estates. Map No. 1124, and identified on the District with i~sufficient lot area at 49295 Main Road (a/k/a Ackerly Pond Lane), Southold, NY; County Tax Map District 1000, Section 70, Block 07, Lot 01, containing 30,084 + sq. ft. 8:10 p.m. Appeal No. 3553-EUGENE BOZZO. Variances to the Zoning Or- dinance, Articles: (1) XI, Sec- tion 100-119.2 for permission to construct dwelling with an in- sufficient setback from wetlands/tidal water ajong Great Peconic Bay; (2) II1, Sec- tion 100-32 to relocate accessory garage building in the frontyard area; (3) III, Section 100-31, Bulk Schedule, to construct with lot coverage of all struc- tures in excess of maximum- permitted 20 percent. Location of Property: South Side of Camp Mineola Road, Mat- tituck; County Tax Map District 1000, Section 123, Block 6, Lot 27. 8:15 p.m. Appeal No. 3557-ROBERT EGAN. Variances to the Zoning Or- dinance, Articles (1) Ill, Section 100-31 to reconstruct dwelling with insufficient total sideyards, insufficient (northwesterly) side yard, and insufficient front yard; (2) XI, Section 100-119.2(B) for permission to construct addition and reconstruct dwelling within 75 feet of tidal wetlands along Spring Pond, Orient Harbor. Location of Property: 330 Knoll Circle, East Marion, NY; "Map of Section Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, Lot 12. 8:25 p.m. Appl. No. 3487-SE-CHURCH OF THE OPEN DOOR. Special excep- tion to the Zoning Ordinance, Article 111, Section 100-30(B)[2] for permission to construct and establish House of Worship with related religious activities on a five-acre tract of land referred to as Lot No. 3, Minor Subdivision of Salvatore Catapano, which received Sketch-Plan Approval 4/14/86 by the Town Planning Board. Location of Property: West Side of Main Bayview Road, Southold, NY; County Tax Map District 1000, Section 69, Block 6, Part of Lots 8 and 2. (Current Owners: S. and J. Catapano). 8:45 p.m. Appeal No. 3560-EDMUND AND JOAN PRESSLER. Appeal from Building Inspector Notice of Disapproval dated 1/2/'86 and ZBA Action No. 3463 dated 5/6/86, and Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule and Article VII, Section 100-70(A)[l](d) for permission to establish a second retail/business use in conjunc- !ion with existing nonconform- lng two-family dwelling and antique-sales business use on this parcel of 68,912 Sq. ft. in area and 95.44 ft. lot width. Location of Property: "B-I" General Business Zoning District, North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-63~3-26. 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 hearings. Written com-, ments may also be submitted ~ prior to the conclusion of the subject hearing. For more infor- a marion, please call 765-1809. Dated: September 11, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowaiski, Board Secretary 1 T-9/25/86(16) 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 ......... .~..~. ......... Sworn to before me this ..................... day of .... :x .~.~.~. ...... 19 c:f~ Notary Public BARBARA FORBES Notary Public, State of New York No. 4806~6 Qualified in Suffolk County Commission Expiresg~ ~ ~ 19 J~F TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.' DATE -~pLamher....i5., TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (We) .GARP~ ~, ~.~.,. ARCHIT BX.1412, Main Road Name of Appellant Street and Nun'S'; .......................... Southold ..................... . ....................... New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 9/15/86FOR: ROBERT G. EGAN WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of .. 2.1..1...V £1 ~ ~ ..S.t E ~e.t ........... /~e~ ~r.~D .............. ~A 7.0047 Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x) PERMIT TO BUILD " ]. I~©CATION OF THE PROPERTY ....... K~.Qi,1...C~.~;]..~. .' A~Res. 1000-35-5-12 Street and F~let Zone · . O~-R(S): Aq~r.t. q,.~.~ ...... ............ : ........................... ................... DATE PURCHASED: ..................... 2. PROVISION (5) 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 ~ Sectioas 100-31; 100-119.2(b) 3. TYPE OF APPEAL Appeal is mode herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 1986 4. PREVIOUS APPEAL A previous appeal {k%I!~ (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such c~ppeol was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ......................................... ... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) ,., ..:. is requested for the reoson~that we would like to reconstruct the existing dwelling and include minimal expansion, as well as COnstruction of a deck. (Continue 3n other side) Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pr~ticaldifficultiesorunneces- sary HARDSHIP becou~ strict application would preclude the recon- struction of the existing dwelling which, at present, is non- conforming witb regard to sida, front and rearyards. ~. The hordshipcreatedis UNIQUE andis~otshared by all prope~ies alike in the immediate vicinity ofthispr~edy and inthis use district because all attempts are being made to reconstruct the house on the existing foundation. Extension o~ the house is limited to minimal cantilevering over foundation. 3. The Variance would observe the ~irit ofthe Ordinance arldWOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ the entire surrounding neighborhood is developed with homes of similar size and nature, on small lots, most of which have non-conforming setbacks. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss $i(3nature GARRETT A. STRANG, ARCHITECT/AGENT Sworn to this ........................ .1,5.kb ............day of Selqtember , , 19 86 ................... ,...,:~... :=~.. ,~.'~ ............. · Notary Publ~ ......... BAR~ARA A ~'I~A,~~ NOTARY PUBLIC. c.'t,,,e of N~ I~ARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of the Petition of I~Q the Board of Aooeals of the Town of Southold 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 torequesta (Vari~gce~) (Special Exception) (Special Permit) (Otb. e:) [ci:¢le choice] ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Knoll Circle ln~0-~37-~5-12 3. That the property which is the subject of such Petition is located in the following zoning district: A/Residential 4. That by such Petition, the undersigned will request the following relief: Relief from front, rear and sideyard setbacks 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Sectic~ 100-31; 100-119.2(b) 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (5].6) 765-1809. ri~! to appear and be heard a.t such hearing. Dated: .q~p~_mb~r 15: 1 ~6 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 foJ' the publication of.such notices; that you or your representative have the Petitioner GARRETT A. STRANG, ARCHITECT Post Office Address P.O. Box 1412 Paul Capron Paul J. Reilly PROOF OF MAILING OF NOTICF ATTACH CER.TIFIED MAIL RECEIPTS ADDRESS 315 East 65th Street, New York, N.Y. 10021 10305 SW 99th Street, Miami, Florida 33176 CERTIFICATE OF MAILINGI Affix Garrett A. Strang, R.A. '~o~mark Inquireof P.O.Box 1412 ~' Southold, New York 1197i "" Paul Capron 315 East 65th Street New York, N,Y, 10021 MAY eE USED FOR DOMESTIC AND INTERNATIONAL MAIL, ODES NOT PROVIDE ~GPO: 1977-750-851 ~a~l ~ Reilly 10305 SW 99th Street Miami, Florida 33176 MAY RE U~ED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Garrett A. Strang ., residing at Main Road, Mattituck , being duly sworn, deposes and says ~hat on the 15th day of ~p~-ember ,19 86 , deponent mailed a true copy of the Notice set forth on the re: verse side hereof, 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 as~:essment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- ficeat (certified) (registered) mail Sworn to before me this 1 5th day of September ,19 , s6 ; that said Notices w~iled to each of said persons by FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date..~'x~',-~r~.~. [.~. .... , 19 .~. ~.. PLEASE TAKE NOTICE that your application dated ....... .~..~,le~.. . .~'%.... for permit to ~g's' '.~. · .t~. · A~-. ~ .................. i' ........ at Location of Property ~o~se~o .... ~",O'3~......~.'..~.."' ' ~ '...'~..~.-~.~...'~.~ ........ Street Ham/et County Tax Map No. 1000 Section ....~..~..'~. .... Block .... ~. ~. .... Lot . .);..~". ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved%n the following grounds .(~~ .~...~g-~gx ./.a'O- gl / .................. . ......... ~.. .~ .......... ~ ....... .~ ... .~.:..,%..~...u .~..~ ~....~..~. ~,~..~.,~,~,,~., .......... RV 1/80 The ;;.Y.S. [nvirunlilental Quali~y Review Act requ]r{-~s sub- mission of this im, and dn erlvironmenlal r~iew will be made by this boa~before any action is take~ .q~ORT .N/ZLOH,,,_,NT.tL (a) In order to answer the questions in this short gAF is ia assumed that the preparer will use currently available information concernin~ the project and the likely impacts of the action, It is not expected that additional studie~ research or other investigations will be undertaEsn, (b) If any question has been answered Yes the project may be significant and a ccmple~ed Enviro~mental Assessment Form is neceeoar/. (c) If all questions have been answered No it is likely that this project is nc~ significant. (d) F. nvirc~nental Asse~s,ment 1. Will proJec~ result in a large physical c~mnge %o the proJec~ site or Dhysically alter more t~%n 10 acres of land? , · · · · , , , , Yes X No 2. Will there be a major change to any unique or unusual land form found on the site? · · · , Will project alter or have a large affect on an existing body of water? · , · , , · · · , Will project have a potentially large impac~ on groundwater quality? Will project significantly effect drainage flow 6, Will project affect any threatened or endangered plant or an~.J~al species? , , , , , 7. Will pre jeer result in a major adverse effect on Will project have a ~mJor effect on visual char- acter of the co~munity or scenic views or vistas known to be important to the community? · · · 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any sits designated as a critical environmental area by a local agency? . · · 10. Will project have a major effect on existing or future recreational opport~n~itiea? · . · 11. Will project result in major traffic problems or cause ~ major effect to exxsting transportation 12. Will project regularl7 cause objectionable OdOrs, noise, glare, vibration, or electrical disturb- ance an a result of the project's operation? 13, Will project have any impact on public health or 1L, Will project ~ffect the existing community by directly causing a ~.rowth in permanent popu/a- tion of more t.%an ~ percent over a ps?led _c_r have a ~ajor negative effect on tY.e PRSP~ER, $ S IC:IATL.~ E~/./-/' ,~ * TITLE: Architect REPRESE:ITI::O: Yes X No Yes X No Yes X No Yes X No Yes X Nc Y~s X No Yes X No ~ae__X__ No Yes X No Yes X NO Yes X No Yes X No Robert Esan - Owner DATE: Sept. 15~ 1986 X No X No September 11, 1986 To: Southold Town Board of Appeals '". Hain Road Southold, NY 11971 Appeal Application of Robert.G. Egan Location of Property: .... nell Circle (1000~3~-~-~z ' Dear Sirs: · .In reference to the New York State Tidal Wetlands r~and-Us , --~,~, Par= 661, and Article 25 of the Hew York State. Environmental Conservation Law, please be advised tha~ t~ subject property iQ the within appeal application: (please check ~ box)' Ix ] Hay be located }~ithin 300 feet of tidal wetlands hcYn~ver, constructed along the water-lying edge of this prope~'ty is a bulkhead ' - in very good conditibn and at least 100 fees in ~length * [ ] Hay b~ 'located within 300 feet of tidal wet!ands~ however, constructed along the wa~cr-lying edge of this proper=y is a bulkhead in need of (minor) (major) repairs, and appr~ximate!y _ length, feet in Hay be located within 300 feet of tidal wetlands; however, constructed al~n~ the water-lying edge of this property is a bul~head less than 100 feet in length. May be located within 300 feet of ' " · tlda! wetlands; and there is no bulkhead or concrete wall exis~n 'on the premises. ' [ ] Is not located withiu 300 feet of tidal Wetlands to the best of my knowledge. [Starred items (*) indicate your property doe~ not appear to fall wic~ in the jurisdiction of the N.Y.s' D.E.C. Sincerely yours, ~:OTE: If proposed project ~a~' ~TT A. STRANG, AGENT - ~.~xS wlt'~un D.E.C. jurlsdi'ction, approval must be received and Suhmit~6d to our o.~lce before your auplication can be scheduled for a public hearing.