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HomeMy WebLinkAbout3620Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, I-.h, N,Y, 11cj'71 Appeal No. 3620 Application Dated March TO: Mr. Thomas J. Ball P.O. Box 1708 Southold, NY 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD QF,APPEALS FILED ]7, ]987 T~ G~ell~ ?o~ of Southo!d At a Meeting of the Zoning Board off Appea]o L~7, d on ~' ]], 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 III, Section ]00-3], Bulk Schedule Request for Application of THOMAS BALL for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to locate new dwelling with an insufficient setback from the east property line along Arshamomaque Avenue, Southold, Map of Beixedon Estates, Block 7, Lot 4, County File No. 1472; County Tax Map Parcel No. 1000-66-02-46. WHEREAS, a public hearing was held and concluded on April 23, 1987 in the Matter of the Application of THOMAS BALL under Appeal No. 3620; 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, appellant requests a Variance from the Provisions of Article III, Section 100-31 to locate a new single-family dwelling as shown by survey prepared by Peconic Surveyors and Engineers, P.C. dated March 2, 1987. 2. The premises in question is located along the southerly side of a 15' private right-of-way and along the west side of Arshamomaque Avenue, Southold. The subject premises is iden- tified as Lot 4, Map of Beixedon Estates, Block 7, filed March 16, 1946, and is more particularly known as County Tax Map District 1000, Section 66, Block 2, Lot 46. 3. The subject premises is located in the 'A" Residential and Agricultural Zoning District and is presently vacant land. 4. The relief requested by this appeal is for the placement of a proposed single-family dwelling six feet from the easterly property line along a paper street (shown on the 1946 Map of Beixedon Estates as Arshamomaque Avenue). The (CONTINUED ON PAGE TWO) ~A~: May 19, 1987. CHAIRMgIN, SOUTHOLD TOW~N ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 Appeal No. 3620 Matter of THOMAS J. BALL Decision Rendered May ll, 1987 applicant has indicated his access to the house would be from the northerly 15-ft. right-of-way and not Arshamomaque Avenue, and that this easterly yard area would be the side of the proposed house. The setback from the westerly side property line is proposed at 15 feet, and the total yard areas would be 21 feet. 5. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires minimum sideyards at 10 and 15 feet, and a total of not less than 25 feet. The Building Inspector has indicated for the record that although he disapproved the initial building permit application for an insufficient side- yard setback, the record does not reflect whether or not there is a possibility that the "Arshamomaque Avenue" as mapped could not be improved for access in the future. 6. It was the consensus of the board members that if the applicant wishes to consider a modification to the plan for an eight-foot setback from the easterly property line, with documentation which would assure that the improvement and widening of the paper road (referred to as Arshamomaque Avenue) is not feasible, the Board would consider alternative relief. 7. It is the position of the Board that although the character of this parcel of land is unique and lends to the difficulties in constructing many different designs of dwell- ings, the relief requested is substantial in relation to the requirements of the zoning code, being a variance of 40% from the easterly setback (as a sideyard), and a variance of four feet from the required 25-ft. total. The practical difficulties are not sufficient to warrant a granting of the total variances requested, as established by the Courts, particularly in view of the vacant status of this parcel at this time. Under the circumstances, there are alternatives feasible to pursue which are not unreasonable. 8. 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 40%; (b) the relief as requested is not the minimal necessary; (c) the difficulties claimed are not sufficient to warrant the granting of relief as applied, although alterna- tive relief would be considered by subsequent application; (d) there is another method feasible for appellants to pursue other than the relief requested; (e) the circumstances of the property are unique; (f) the variance if allowed will not have an effect of increased population density thus produced on available governmental facilities; (g) there will not be a change in the character of the neighborhood or substantial detriment to adjo.ini.ng ,properties; (h) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by denying the variance, as applied. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3620 in the Matter of the Application of THOMAS BALL for an insuffi- cient setback at six feet from the easterly property line, BE AND HEREBY IS DENIED WITHOUT PREJUDICE, AS APPLIED. -- Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Members Doyen and Douglass were absent.) This resolution was duly adopted. , , ~ ~~ ~X ~/GERARD P. GOE~RINGE~, CHAIRMAN 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 SO~U. THOLD TOW~ BOA~RD OF AP~PEAL~ at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New Yo~k, on THURSDAY, ~RIL 23,~19.87, at the following times: 7:35 p.m. Appeal No. 3546 Application for GREGORY FOLLARI for a Variance from prior Appeal No. 35C7 rendered June 252 1986 to permit the regPading of ar~a within_50 feet of the top of the existing bank/bluff along the Long Island Sound in accordance with N.¥.S~ Department of Environmental Conservatio~n Permit #10-86-1233 issued Ma~ch 10, 1987. Side of Sound Drive, Greenport, "Map Shores" Lot No. llY, Map No. 4586; No. 1000-33-1-15. Location of Property: North of Section Four-Eastern County Tax Map Parcel /' 7:40 p.m. Appeal No. 3620 Application of THOMAS BALL for ~ a Variance to the Zoning Ordinance, Article III, Section lO0-31~J Bulk Schedule, for permission to locate new dwelling with an insufficient setback from the east property line along Arshamo- maque Avenue~ Southold, Map of Beixedon Estates, Block 7, Lot 4, County File No. 1472; County Tax Map Parcel No. -1000-66-02-46. 7:45 p.m. Appeal No. 3621 - Application of MICHAEL S. GILLILAND for Variances to ~he Zoning Ordinance: (a) Article III, Section 100-32 for permission to construct accessory two-car garage ~n the frontyard area; (b) Article XI, Section 100-119.2 for oermission to locate new dwelling with an insufficient setback from bluff/bank along the Long ~sland Sound. Location of Proper~y: 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. 7:55 p.m~ Appeal No. 3623 - Application of PETER-.MARKOPOULO_ ~ for a Variance to the Zoning Ordinance, Article III, Section 100-31, bulk Schedule, and prior 2ppeal No. 3297 rendered December 13, 1984, for approval of the construction of a new single-family dwelling with an insufficient westerly sideyard and insufficient total sideyards at Lot.#16, Captain Kidd Estates, along the south side of Sound Beach Drive, Mattituck, NY~ County Tax Map Parcel No. 1000-99-1-24. Page 2 Eegal Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 23, 1987 8:05 p.m. Appeal No. 3582 Application STAHL for a Variance to the Zoning Ordinance, 100-119.2 for permission to construct swlmmingpool, enclosure, within 75 feet of tidal wetlands or tidal ever is greater, at 1435 West Road, Cutchogue, NY~ Parcel No. 1000-110-07-26. of LARRY AND SANDRA Article XI, Section deck and fence water, which- County Tax Map 8:10 p.m. Appeal No. 3593 Application of THE Q~IET MAN IN_ N for a Variance to the Zoning Ordinance, Article VII, Section lO0-T1, Bulk Scheduled this "B-l" General frontyard setback Avenue. Property Avenue, Southold, for permission to construct addition in Business Zoning District with an insufficient from the westerly property line along Hobart Identification: Corner of Main Road and Hobart 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 d~iring To be heard in each of the above mattersL Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: Aoril 2, 1987. 5Y ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski~ 3oard 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 Avenues Park Ridga, NJ 07656 Mr. Clarence W. Powell as AgenT, Box ll~ Greenport~ NY 1194a Mr. Thomas Ball, RR l, Woodchuc~ Path, Wading River, NY 11752 ~Michael S. Gi'lliland~ Esq.~ 405 Lexington Ave, NY, NY 1017¢-0355 Harvey A. Arnoff, Esq., 16 West Main St, Riverhe'ad, NY ll901 Mr. Peter Markopoulos, 222-08 43rd Ave, Bayside, NY 113~61 Mr. Arthur Siemer'l-ing, Box 108, Mattituck, NY 11952 Mr. and Mrs. Larry Stahl, 1435 West Roads Cutchogue, NY 11935 Ms. Regi Weile, Architect, 22 East 22nd St., NY, NY lOOlO Mr. and Mrs. Charles Gilbert, The Quiet ~an Inn, Main Rd, Southold 11971 ZBA Board Members(with copies of files) ZBA Individual files FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ . .~...r._¢... ~ ~~.a...?.,~ .... PLEASE TAKE NOTICE that your application dated ....................... ~ouse tvo. Steer Homier co..t~ ¢~ M~ So. ~0o0 S~¢t~o...-.~ ~ G ..... mo~ .... ~. ~ ..... Lo* ... ~G ....... Subdivision .................. Filed Map No ............. ~... Lot No ................. is returned herewith and disapproved 011 tile following grounds..O.~. ~.~a...~..~. .......... ........................... Building Inspector FORM'NO. 1 TOWN O~= SOUTHOLD BUILDING DEPARTMENT ' TOWN HALL ~OUTHOLD, N.Y. 11971 TEL.: 765.180:3 Examined; ................. 19... Approved ....... ,... ........ 19'... Permit No ......... :.. Received ........... ,19... Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. TbJs application.must be completely filled in bY, typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accdrate plot plan to scale. Fee accord~g to schedule. b. Plot plan showing location of lot and 6f buildings.on premises, relationship to adjoining premises or public streets- or areas, and giving a detailed description of layout of property must be drawn on the diagram which is par/of this appli- cation. c. The work covered by this application may~not bo.commenced before issuance of Buitding Per, nit. d. Upon approval of this application, the Building Inspector Will issued a Building Permit to the~applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever ~ntil ~ Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws. Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. /] ............ ~././,~.// ................. (Signature of applican[, oDname, if.a corporation) ........ ~/.. ~o..~.~.~.~. ~ ........... State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .................... o.-.~. ?..¢. r...C, s~r%. ~.-~.7.: ~?) ....................................... Name of owner of premises ..... ] .~.~..~.e.~...~...,,< ¢' .f'. .................................................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..... Cfi..t~,..~ .e..vq ........... Plumber's License No ......................... Electrician's License No....~ ~....22~/.. L~ ......... Other Trade's License No ...................... 1. Location ofland on which proposed work will be done. . , ~. .;;~.C.~,_c~q&_~ .... ................ ~.~ ..../~.cr.~..~. ~..~ .,.~ .~.~..~?..~...~.~.,~Z~ ./~ ......... .. House Number Street Hamlet County Tax Map No. t000 Section .... ; i.:.;. C.'.~.... Block .... .~..~...' ........ Lot'....2/.~ ........... Subdivision ...... /~.~/:Xe..~. ¢..~c.... ,z~.~.'~..~. J'... Filed Map No../../~..~.?~ ....... Lot..~ ........ (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use arid occupancy ......... ~.e/-A .t3k..'~....,~..~..~..~.. b. Intended use and occupancy ...... .,~.~. d.~..~-...~...,~.,C ./.~....~..~..e.r'/./.~¢/ .................... ' b ' ~ 3. Nature of work (check which a~ ,ca lc) New Building ........... .~on .......... Alteration ........ Repa/r ............. Removal .............. Demolition .............. Otl3er Work ............. ~ (Description) 4. Estimated Cosz ...... .~.. ' .C2?z .~..r-ff. ...................... Fee .................................... (to be paid on f'fling this applCati,on) 5. If dwelling, number of dwelling units ..... / ..... Number of dwelling units on each floor If garage, number of cars -2, 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .......... % ........ 7. Dimensions of existing structures, if any: Front ~ ~ ~ Rear ~ Depth Height ..... -; ......... Number of Stories ................................ Dimensions of same structure with alterations or additions: Front ................. Rear ................ Depth ...................... Height ...................... Number of Stories ..................... 8. Dimensions of entire new construction: Front .... ~,,~ ....... Rear ...~..~T ........ Depth ...-~..'?. Height . ~ ~.o .rT..J2~Z/.. Number of Stones' .............................. "~-' ' 9. Sizeoflo~: Front ........ .~f..~. ~ ......... Rear ........ ~.c~q. f. ....... Depth .~./..q: .... 10. Date of Purchase .... ,,3../~.?./~c .7. ............... Name of Former Owner .... ~.~.o, ¢ e./~ ~r..r :: ......... 11. Zone or use district in which premises are situated .':..,~, .w~.~'....:~..a:e..... ~ .............................. 12. Does proposed construction violate any zonin~ law ordinance or retaliation' ~ o 13. Will lot be regraded' ...~. ~. Or'..~/,~,~...~ ........ Will.¢xce~s'~lll be ;:~;~e'~ ~r'o~ ~'r;~a'i~e's: ..... 14. ,Nfime of Ow.ri.er of l~}~/'_es~. ~_e.~:,~,~, .r ....... A}t~lress .. ~ g6~,~ .~c .... Phone No. 7..~'~'..4~'.*7o... t~ame of ArClaltecl ~o.o. qC(-..A~ (?.~.o..e.~' .......... Address A~.,-./.~.~..,~_~..../Y'.b~. ..... Phone No.7,Y./.7..~?.?~. Name of Contractor . .C2.c¥.a.~..~ ....... Address . .t.,~...o/,:~.~. ~..~,c. ~r~... Phone No 15. - .... ' . - ...... z.' '- ........ Is thms property located wznhin t.00 feet of a tz~dal wetland? * Yes .~>~. No ..... · If yes, Southold Town Trustees Permit may be required. PLOT D~AGPiA~ Locate clearly and dis~inc~y ail buildings, whether existing or proposed, and, indica~ M1 set-bank dimensions fro property lines~ Give street and block number or description according to deed~ andshow ~treet names end. indicate wheth interior or corner lot. STATE OF NEW YORK, ~ COUNTY OF... S.S ............................................... being duly sworn, deposes and says that he is the applicar (Name of individual signing contract) above named. He is the ........................................................................................ (Contractor, agent, corporate office~, etc.) of said owner or owners, and is duly authorized to perform or have:performed the said ~vork and ~q ro,~¢ .and !~le thi application; that all statements contained in this application are tree to the best of his knowledge and hell'fi an/i ~at ih work will be performed in the manner set forth in the application filed therewith. Sworn to before me this HIfLEN K. DE NOTARY PU~UC, State of New ~ Ho. 4707878, ,Su~o~k ~nly~f~ ., 19.~. (Signature of applicant RECEdeD ~ friAR i? 1 87 'Towr~ 8f~P~j~jFROM DECISION.aP BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ,We, ........................... o, Name of AppeJJan.t ................ ~"l~'~t";'~*~:~; .......................... ............... ~¢./.E.~..; ..~..(...¢¢'.,-.~.. ............................................. ............... HEREBY APPEAL TO v MuriE:ipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUtLDI~IG INSPECTOR ON // APPLICATION FOR PERMIT NO ..................................... DATED ...... ...~.~,C_.~.,.L.,.~,,;.~..../..~..~...?., .... .--,--- / .............. ....................... Name of Applicant for permit · "Street" "'"'and" Number'"' ............ Municipality" '"' '"" '"' ' "" "'§ ~i "'"'"" '°'"'"'" ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY i. LOCATION OF THE PROPERTY iZJ.f~ZCcI'I40~.~',t/'~ /~1..~... ~J~o~/~ ................... "'/ '"'bTd"6i Distr~ct 1000 Section¢~ B1 ock¢~Lot/-/¢ £ rre,t ............................................................ . . O~ner Map No. Lot No. Prior Owner~.~e ........ 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 ,.:"~ Section /~:~-~- ~-~ / /u¢,'-~/ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( D~A VARIANCE to the, Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Co~$. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A ~rev~ous appeal (has) (~?~ been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance OhO was made in Appeal No .............................. Dated ...................................................................... ( ) ( ) is requested for the reason that F~EASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance Form ZB1 (Continue on other side) REASON FOR APPEAL Continual sar~ HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared vicinity of this property aha in this use district because by oil proDerties alike in the immediate 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE 'CHARACTER-OF THE DISTRICT because /,~.~ ~ /~ fc~e~/',~j~ ~ c./~,~..~d_~ STATE OF NEW YORK couNTY Sworn to this .......... ~ ............................ day of..~~ 19r? MAR'( ANN CYBULSK! NOTARY PUBLIC. State of New ¥or~ Residing ~ Su'~i~lk Count~ No 52;5995900 OWNER ,~/9 ~£ FORMER OWNER TOW'N' OF SOUTHOLD PROPERTY RECORD CARD ACREAGE .TYPE OF BUILDING LAND IMP. TOTAL L DAT.~___J_ REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW 'Zillable 1 Tillable 2 Tillobie 3 Woodland Swomplond Brushlond House Plot Tctoi ABOVE - [ DEPARTMENT OF PLANNING I. COUNTRY .O.F:' SUFFOLK Htchael A. LoGrande SUFFOLK COUNTY EXECUTIVE: 360-5206 LEE E, KOPI~ELMAN May 22, 1987 Town of Southold Zoning Board of Appeals 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 Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) /Thomas J. Ball Mr. & Mrs. Peter Markopoulos Municipal File Number(s) 3620 3623 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb APPEALS BOARD MEMBERS f;ERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 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: ×x Variance from the Zoning Code, Article IZI, Sectionzo0-31 Bulk Schedule Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3620 Applicant: Mr. Thomas J. Ball Location of Affected Land: Arshamomaque Ave., Southold, NY County Tax Map Item No.: 1000- 66-02-46 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or 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 locate new dwel~n~ with an insufficient setback from the east property line. Copies of Town file Dated: May 21, 1987 and related documents enclosed for your review. ~~~/~., ~ Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI May 20, 1987 Mr. Thomas J. Ball P.O. Box 1708 Southold, NY 11971 Re: Appeal No. 3620 (Variance) Dear Mr. Ball: Transmitted herewith for your record is a copy of the official written findings and determination rendered by the Board in the above matter. Yours very truly, Enclosure Copy of Decision to Building Department Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN ~i~]'Linda Kowalski Commission SOUTHOLD TOWN BOARD OF APPEALS THE MATTER OF THOMAS BALU THURSDAY, APRIL 23, 1987, PUBLIC HEARING 7:47 p.m. Appeal No. 3620 - The Public Hearing commenced in the Matter of THOMAS BALL. ~ N~w dwelling with an insufficient set- back from east property line along Arshamomaque Avenue, Southold, Map of Beixedon Estates, Block 7, Lot 4. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy 6f a survey showing an irregu- larly shaped lot as mentioned in the application of approximately 21 thousand square feet. Excuse me. Construction is not Qithin the area of the tidal wetlands. It's not a part of this applica- tion. The applicant proposes to build 78 feet from the tidal line area. We are basically referring to a total sideward in this application and he proposes a 5 foot sideyard in the right' of way to the water which (I assume) is the proper playground area for the subdivision and 15 feet 6n the west property line. and I do not have a square footage of th~ house on this. This survey was produced by Peconic Surveyors and was received by us on March 2, 1987. The last date on the survey was March 3, 1987. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Ball would you like to be heard. Could I ask you to use the mike if you would and state your name. MR. BALL: Basicallly, we picked a house to fit a lot and we cut it 2 feet facing the water and 2 feet on the side. So it's kind of hard to cut the house anymore witho,~t turning it. And then we found it difficult... Well, it wouldn't look so nice if you put it straight on so we wouldn't need the variance. It wouldn't be facing the rest of the neighborhood as nice. That's sort of the main purpose of it. Basically, we have down here 5 feet plus. So we probably could go to 6 feet. And also, I wanted to get it &s far away from the water as I could. That is part of the reason too. We could bring it up another foot or so but I'd keep it back. The area that we're looking for the variance is really undeveloped. It's a path right-of-way to the beach. And let's say we had 6 feet to the line, we still have at least another 10 or 15 feet it seems. ~ That's even before you get to the path. It's all roughed in. CHAIRMAN GOEHRINGER: Is that a one road access in and a one road access 6u~ for the beach? MR. BALL: No. There's two. There's another one on the other side. Actually the beach they use actually is on the other side. The beach access that we have is adjacent to our property, is not really the one that is 6sed that often because the beach isn't that nice there. It's all rocky. Most of them go to the other side. Also, the reason I picked the house the way I did was because I wanted to avoid putting a driveway off that path. And in talking Page 2 - April 23, 1987 Public Hearin~ Thomas Ball Southold Town B~Sard of Appeals MR. BALL (continued) to the neighbors and what not, they wanted to keep that road or path as much as they could. They didn't want to develop it. So I'm going to come in off the right-of-way where my proposed drive- way is. That's the right-of-way for that house. That's it. CHAIRMAN GOEHRINGER: Thank you. We'll see what develops through- out the hearing. Is there anybody else that would like to speak in favor of this application? Anybody like to speak against the application? It's going to be a quick night tonight. I under- stand from your floor plans here that the first floor area is ap- proximately 9,019 square feet. Is that correct? MR. BALL: Right. I guess so. CHAIRMAN GOEHRINGER: Is there any possibility of clipping that corner on the east side at all without causing an esthetic detri- ment. MR. BALL: See that was the problem when you do that. This is the corner that we're talking about. I would love to have done it. If it was'this corner, I definitely would have done it. It just ruined the look because~hislis?going~to~ be-facing ~he street catti-corner and it just... It could be done and I could avoided all the appeals and what not. It just ruins the look of the ho~e from the street. It really looks pretty that way. It looks really nice rather than cut that one corner off to do it. CHAIRMAN GOEHRINGER: Is there any way .... MR. BALL: We took two feet of this side already. CHAIRMAN GOEHRINGER: Is there anyway of taking two feet off of the outside of the house at all? MR. BALL: This side? CHAIRMAN GOEHRINGER: No. The other side? MR. BALL: This side. I really can't because it ruins (how do I say it) the floor plan and you reallyl wouldn't be able to do it. It would kind of ruin the floor ~lan. We tried to do that too. And we tried to also reverse the whole floor plan of the house and that didn't work because then I would have had to use the path as the driveway and I didn't want to do that because of the obvious reason was that you'd have to develope that path and that was not a good idea. I want to use the access that's already there. Page 3 - April t 1987 Pubilc Hearing -~homas Ball SoutholdTown Board of Appeals CHAIRMAN GOEHRINGER: And the garage originally, was 22 feet 8 inches and you brought it down to 20 feet 8 inches? Ok. Thank you. Hearing no further questions I'll close the hearing reserv- ing the decision until later. Thank you very much far coming in. I hope to have a decision for you by the next meeting. Ail in favor - AYE. DF?-,IGN QUIET TERRACE ALK- IN ; % BATH CARDEN TERRACE  GATHERING RM,. 14Ox 238 MUSIC ALCOVE 8ex9e MASTER BEDROOM J24x 152 TUB -- -- ~_i~E~F[OUN GE~DVE ~ GREENHOUSE OR D N NG RM 138x98 : I CC,~NTRY" KITCHEN 228 x 17'~ LAUNDRY RM MUD RM UP CL DN 3uNGE OrE~ -DN CURB STU DY I I°x 136 PORCH FIRST FLOOR- ~9',9 SQ FT GARAGE 218x 23~° DESI ROOF ROOt BEDROOM 124x 12© BOOKS uPPER LOUNGi 168 x I CL 0 ATHTM BEDROOM ~B B HOUSE OR NG RM x98 L UNTRYT KITCHEN 8 x 174 ; MUD RM TERRACE / LAUNDR~¢ ~WASH RM CL JDN SURB GARAGE 218x 23~° ROOF BEDROOM 124x 12o ROOF BOOKS CABINET ICL oD UPPER GATHERING RM RAIUN6 LOUNGE 168 x 120 BEDROOM I I°x 120 LINEN BATH ROOF SECOND FLOOR- 895 SQFT. ,'DPE RII GREEN ROOF ATTIC STORAGE UPPER FOYER ROOF ROOF Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS April 23, 1987 GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S. E. Q. R. A. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3620 PROJECT NAME: THOMAS BALL 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: kd Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Permission to locate new dwelling with an insufficient setback from the east property line along Arshamomaque Ave. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Arshamomaque Ave.,.Southo~d 1000r66-02-46 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) Construction proposed is landward of 10 ft. elevation contour; no disturbance of land seaward of,the 10 ft. contour will occur. (3) The relief requested is a setback variance as regulated bv Secti 6 6 ~R ~R I~T~,R~LEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, $outhold, 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. mc COUNTY OF SUFFOLK Mich~rande SuF~TIVE SOIL AND WATER CONSERVATION DISTRICT April 15, 1987 STANLEY A. PAUZER [DISTRICT MANAGER fr. Mr. Thomas Ball RR-1 Woodchuck Path Wading River, New York 11792 Dear Mr. Ball: As per our discussion on April 14, 1987 regarding my letter of April 7, 1987 to Mr. Gerard P. Goehringer, Ghairman, Southold Town Board of Appeals, I will outline measures which should be taken to reduce soil erosion~ sedimentation and surface runoff water from your lot during and after construction of your proposed dwelling. During construction~ as little site disturbance as possible should occur. Ex- cess spoil material should be taken off site as it occurs. Stockpile topsoil and the required volume of backfill material only. Construct a low~ 12-18 inches high, earth berm in the low area~ toward the middle of the lot~ along the eastern property line. The base of the berm should be 3-4 feet wide. Backfill the foundation as soon as possible and evenly grade all disturbed areas. Establish a temporary seeding on all disturbed areas and the earth berm, by sowing 0.45 pounds of Annual ryegrass per 1,000 square feet. If top- soil will be stockpiled until the construction is completed~ broadcast Annual ryegrass onto the topsoil. After the dwelling is constructed~ install gutters and downspouts into dry- wells to convey roof runoff water into the ground. Each downspout should be located as to drain no greater than 100 square feet of roof area per 1 square inch of downspout. Drywells should be sized according to the contributing roof area. The earth berm should be maintained to alleviate any surface runoff from flowing onto Arshamomaque Avenue. If temporary ponding of water behind the berm becomes a problem~ a drywell and surface inlet could be constructed to infiltrate the water into the ground faster. Minimizing the area of turf grass and maintaining existing vegetation or ground covers will help reduce any increase in surface runoff water from the lot. Use of organic mulches in plant or flower beds will also reduce runoff. Establish gp 15~ 198~ Mr. Thomas Ball '~ " by The Suffolk County Goopera- turf grass areas acco=ding to recorm~endationS of planting- rive Extension Service (727-7850), specifically the time =ecou~aendationS regarding stabilizatiOn and vegetative off Southold Bay. Contact our office for cover for the low bank at the south end of your property If you require any additional information~ please contact our office- Sincerely, Thomas O' McMahon, SeniOr District Technician HIPPODROME DR. LOT 3 ~ ( PUBLIC WATEN) N 60° 20 '40"E - , ~ 41.83' ~ ASPN. PAVT. LOT 5 f,,. LOT 4 14.0 ( DWELLIN$~ SUFFOLK COUNTY DEPAETMENT OF HEALTH SEEVICF.~ FOR APPEOVAL OF CONSTEUCTION ONLY DATE HS REF. NO. APPROVED. " MAP FI LED SURVEY OF LOT 4 OF EIEIXEDON ESTATES " BLOCK 7 MAR.' 16 ,1946 FILE NO. 1472' AT AR SHAMOMAQUE TOWN OF SOUTHOLD SUFFOLK COUNTY , N.Y. I000 66 0 2 46 SCALE I"= ~0' MAR. $, 1987 / PRop. HOUSE CERTIFIED TO : AMERICAN TITLE INSURANCE CO. LONG ISLAND MORTGAGE CORP THOMAS BALL BARBARA BALL lems for this residence will oo~for~ lo the ~tandards of the Suffolk County Depart. ment of Health Services. O~ ~J Z s.J f S. 59004' 51e W' TOWN 99.83' HARBOR Prepo~rnd in accordance wiih Ih, minimum ~tandard~ for title ~un, ey~ am mfablllhld by the LI.A.L$. and approved and adapted far ~ me by The New York S~ate Land TEST HOLE , i2.4' 17,0' AREA = 21, 071 SQ. FT. to ti'e line FLOOD 7' ONE 'C' ELEVATIONS ARE REFERENCED TO U.S. G. S. i "(~ 0 / '~ r' . "~ ; N.Y.S. LiC. NO. 49668 ~8 ENGINEERS, P.C. /(516) 765 - 5020 P.O. BOX 909 MAIN ROAD SOUTHOLD, N.Y. 11971 87 - 223 SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK Michael~o Grande April 7, 1987 Mr. Gerard P. Goehringer~ Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: Regarding your request for our assessment of Appeal No. 3620 - TROMAS BALL (Variance)~ please be advised that a site inspection was conducted on April 1, 1987. During the inspection it was noted that the lot is wooded and has a low bank, which is partially undermined, off Southold Bay. The south end of the lot slopes away from the bank and the north end of the lot slopes toward the south. Consequently, surface water runoff flows toward the central p~rtion of the lot and then eastward onto Arshamamoque Avenue. At this section, the road is very narrow and conveys concentrated flows of storm water runoff from the north. Small gullies and sedimentation are evident along both sides of the road. Development of the lot would increase storm water runoff onto Arshamamoque Avenue if precautions are not taken. Establishment of temporary seedings and sediment barriers during construction; careful site grading, and installation of gutters and downspouts into drywells would help to reduce any additional runoff volume or sediment from reaching Arshamamoque Avenue. An erosion and sediment plan should be developed for the site. Such a plan could be reviewed by this office upon request. If you require any additional information, please feel free to contact this office. S~ncerely, Senior District Technician HENRY P. $IdITH, l%esident JOHN M. BREDEMEYER, Vice-Pres. PBILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN Id. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUI'HOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 //:30 April 17, 1987 Mr. Thomas Ball P.O. Box 1708 Southold, NY 11971 Re: House Construction Arshamomaque Avenue, Southold Dear Mr. Ball: This is in reference to your 50 foot setback. The 50 foot setback will start from the high tide mark and there will be no disturbance from 10 ft. back from top of bluff. Area left, may be light landscaped, including clearing. Any structures, will have to have a separate permit. HPS:JW Very truly yours, Henry P. ~Smith, Board of Town Trustees BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 27, 1987 TELEPHONE (516} 765-1892 Mr. Thomas Ball RR #1, Woodchuck Path Wading River, New York 11792 Re: House Construction Arshamomaque Avenue, Dear Mr. Ball: Southold Pursuant to your letter of March 17, 1987 requesting an inspection of the aforementioned property for a determination on the need of a Wetland Permit, please be advised that the Trustees inspected the property on March 19, 1987 and it has been determined that the Trustees have no jurisdiction on the house proposed, but that a 50 ft. buffer zone is to be maintained on the property.~ ~*~,-z~,~ ~ Please submit a copy of your landscaping plan for a determination on the need of a wetland permit for this activity. Should you have any questions or need additional information, please do not hesitate to call this office. 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 S~ephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals/ File Trustees APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals IVlAIN ROAD- STATE Rr'IAD 25 SrlUTHOLD, L.I., N.Y. 11c:J71 TELEPHONE (5'~6) 765J809 March 27, 1987 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation District 127 East Main Street Riverhead, NY ll901 Re: Appeal No. 3620 Thomas Ball (Variance) Dear Mr. Pauzer: We presently have an application pending for the proposed construction of a single-family dwelling as depicted on the attached survey, premises located along the west side of Arsha- mamoque Avenue at Beixedon Estates, Subdivision Lot #4, Southold, and fronting along Southold Bay. May we ask your assessment of this project prior to our scheduling this matter for a public hearing (expected mid-April)? Enclosed for your file are copies of the Suffolk County Tax Map, survey and DEC waiver. If additional information is needed or if there are questions, please don't hesitate to call. Thank you for your assistance. Yours very truly, lk Enclosures cc: Town Trustees GERARD P. CHAIRMAN GOEHRINGER New York State Departmen~'of Regulatory Ar±airs Unit Bldg. 40. S[~f, Rm. 219 Ston~, Bro~k, ~"~' ];7qA (516) 751-7900 Dear ~V'~. Environmental Conservation Henry G. Wilhaml Commissioner A review has been made of your proposal to: Qblx,~ ~-~.,~-~- .~,k,r,~; '~r,~. I,, ,x[..nh Based on the information you have submitted, the New York State Department of Environ- mental Conservation has determined that the parcel ~ project is: Greater than 300' from inventoried tidal wetlands. Landward of a substantial man-made structure greater than 100' in length which was constructed prior to September 20, 1977. Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. __ Listed in Part 661.5 of 6NYCRR (Tidal Wetlands Land Use Regulations) as a use not requiring a permit or notification letter approval. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetatibn in this area as a result of your pro- ject. Such precautions may include providing adequate work area between the i0' con- tour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, Deputy Regional Permit Administrator Region i APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RnAD- BTATE RnAD 25 BOUTHOLD, L.I., N.Y, llg?l TELEPHONE (516) 765-1809 March 18, 1987 Mr. Thomas Ball RR l, Woodchuck Path Wading River, NY 11752 Re: Appeal No. 3620 (Variance) Dear Mr. Ball: This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your application for a public hearing. It is requested in the interim that you proceed with the [ ] Planning Board [X ] Town Trustes*(for waiver/other [ X] in order that they may submit their written comments or recom- mendations as early as possible. Upon receipt of their input, your application will be scheduled for the next available hear- ing date. If the above document(s) are submitted by April 1st, it is expected that the public hearing would be held about the latter part of April. A copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN / . Enclosure (Receipt) ~i~y Linda Kowalski (*per our conversations 3/17/87. You indicated that be placed at the four corners of the proposed new prior to board inspections, or before April 18th.) flags would construction z N .60° 20 '40"E. ~ 41.8~~ ASPN. pA~T. LOT 4 \ ~.~ ,,,TOP OF 6 4 TIE LI NE ALONG S. 59°04' 51°w' HS REF. NO. SURVEY OF LOT 4 8EIXEDON ESTATE BLOCK 7 "MAP OF FILED MAR. 16 ,1946 FILE N(. AT AR SHAMOMAQU TOWN OF SOUTHO[ SUFFOLK COUNTY , Iooo 66 02 SCALE I": 30' MAR. 3, 1987 CERTIFIED TO b,~ , .. AMERICAN TITLE INSURANC; ~"~'r,'~-.--A~""~'/V"l ONG ISLAND MORTGAGE C THOMAS BALL BARBARA BALL TOWN HARBOR 99. 83' SHORELINE AS pER FILE MAP ~ :REA - al,,,:.0.71 SQ. FT ., .:, 'th fie ,.. 99 TEST MC Io~m 1~ m ~y & ~ dt~lXaal ~41 f~ t~la ~de,n~ ~tl~ co~form to thll bro~. NOTICE OF HEARING~ NOTICE IS HERE.[~ GIVEN, pursuant to Sectio~ of the Town Law and the Co~' the Town of Southold, the follow- ing 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 from prior Appeal No. 3507 rendered fc June 25, 1986 to permit the re- grading of area within 50 feet o! the tap 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, Gceenpert, "Map of Sec- tion Four-Eastern Shores" Lot No. 117, Map No. 4586; County Tax Map Parcel No~ 1000-33-1- ~A5. 40 m A al No 3620 Application of THOMAS BALL~ for a Variance ta the Zoning Or- dinance, Article III, Section 100- ] 31, Bulk Schedule, for permis- I sion to locate new dwelling wi,th~ ~ an insufficient setback from thil / east property line along Ar- shamomaque Avenue, Southo] Map of Beixedon Estates, Block 7, Lot 4, County File No. 1477; County Tax Map Parcel No. 1000-66-02-46. 7:45 p.m. Appeal No. 3621 - Application of MICHAEL S. GILLILAND for Variances ta the Zoning Ordinance: ia) Arti~ cie IH, Section 100-32 for per- ~ mission to construct accessory,/ two-car garage in the frontyard area; (b) Article XI, Section 100- 119.2 for permission to locate new dwelling with an insuffi- cient ~etback from bluff/bank along the Long Island Sound. Location of Property: North Side of Sound Drive, Greenpert, NY; County Tax Map Parcel No. 1000-33-1-8; Map of Eastern Shores, Sod Jori Four, Lot No. KOPOULOS for a Variance ta HI, Section 100-31, Bulk dwelling with an insufficient weztorly sideyard and insufft- ~i~t total aideyards at Lot #16, south side of Sound Beach Drive, SANDRA STAHL for a Vari- Article XI, Section 100-119.2 for mingpeol, deck and fence enclo- lands or tidal water, whichever Cutcho~e, NY; County Tax Section 100-?I, Bulk Schedule, for permi~ion to construct addi- tion in this "B-l" General Busi- The Board of Appeals will 5TATE OF NEgORK ) ) SS: COUNTY OF SUFFOLK ) Richard Will±ams of Greenport, in said CounW, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, e Weekly Newspaper, published st Greenport, in the Town of Southold, CounW 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 dayof April 19 87 Principal Clerk Sworn to/~re me this _~ dayof ~.-.~.~.¥ (~ 19~ NOTICE OF HEARINOS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearin~ will be held by the ~S._OU~_HO~.D_ TOWN BOARD OF'~ at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY;, on TH.UR_S~DAY, APRIL 23 1987_ at the following times: 7:35 p.m. Appeal No. 3546- Application for GREGORY FOLLARI for a Va~r~ prior Appeal No. 3507 rendered June 25, 1986 to Permit the regrading of area within 50 feet of the top of the existing hank/bluff along the Long Island Sound in accordance with N.Y.S. Department of En- vironmental Conservation Pcs- 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. 117, Map No. 4586; County Tax. Map Parcel No. 1000-33-1-15. ~ 7:40 p.m. Appeal No. 3620-'~ Application of THOMAS B_AL..~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~t.~ Southold, Map of Beixedon Estates, Block 7, Lot 4, County File No. 1472; County Tax Map Parcel No. 1000-66-02-46. ..._ 7:45 p.m. Appeal No. 3621~C ~.~pplication of M!CHAE.L GILLILAND for Variances to the Zoning Ordinance: (a) Arti- cle I11, Section 100-32 for per- mission to construct accessory two-car garage in the frontyaxd area; (b) Article XI, Section 100-119.2 for permission to locate new dwelling with an in- sufficiant setback from bluff/bank along the Long Island Sound. Location of~aro' perry: North Side of Sound Drive, Greenport, NY; CoUt~ty Tax Map Parcel No. 1000-33-1781,~ Map of Eastern Shores,.secti~JnX 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 // ~ .dT . . . ....... , ,9 8:05 p.m. Appeal No. 3582: me this ..................... day of Application of LARRY AND. SANDRA STAHL for a y ~{:~7 Variance to the Zoning Or- . ......... 19 ..... dinance, Article XI, Section 100-119.2 for permission to con- struct swimmingpool, deck and fence enclosure, within 75 feet of tidal wetlands or tidal water, whichever is greaier, at 1435 West Road, Cutehogue, NY; County Tax Map Parcel No. 1000-110-07-26. 8:10 p.m. Appeal No. 3593- Application of ~ MAN INN for a Variance to the ~inance, Article VII, Section 100-71, Bulk Schedule, for permission to construct ad- dition in this "B-I" General Business Zoning District with abc insufficient fromyard setback from the westerly property line along Hobart Avenue. Property Identification: Corner of Main Road and Hobart Avenue, Southold, NY; County ~ Map Parcel No. 1000-62-3-7. The Board of Appeals will hear at said time and place all ~: ~rsons or representatives desir- e: h~ to be heard in each of the Notary Public BARBARA FORBES Not~u'y Public, State of New York No. 4806846 Qua]i£ied in Suffolk County Comrni~;~ion Exl,ires./t'e,/ 3/ 19 Four, LOt No. 109. ~= above matters. Each hearing will 7:55 p.m. 'Appeal N~0; '36Z3~-' ~not start before the time allot- Application of PETER t ted. Written comments may be MARKOPOULOS or~.a I 'submitted prior to the conclu- 'sion of the subject hearing. For Variance to the ~Zoning Or. ~ dinance*100.31 Article 111, SectignIi more information, nlease call Bulk Schedule* prior I~ pated; April 2. 1987 Appeal No. 3297 rendered .'765-1809~ ' December 13, 1984, for aPproVal [ ' '. BY ORDER OF THE of the construction of a new I .-9~ SOUTHOLD TOWN single-family dwelling with an "~'' BOARD OF APPEALS insufficient westerly t sideyard i =; GERARD P. GOEHRINGER, and insufficient total sidcyards . CHAIRMAN at Lot No, 16, Captain Kidd Linda Kowalski, Estates, alongtheso~tltsideof, I~*? ~. Boardsccretary S~o~n~ I~h_l~five, ..... Mat{ituck,, .... ,i -.-~* ' ,~7 IT,4/16/87(1) /¥ V, / .) Southold Town Board of Appeals ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time 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 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 free to call our office, 765-1809. Yours very .~ulv_.~ ~ ~ Gl~RARD P. GOEHR~'NGER ~ CHAIRMAN Enclosure Linda ;<owalski Secretary and Board Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TO: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 17, 1987 Southold Town Zonin9 Board of Appeals Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3620 , application of Thomas J. Ball 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 ,SHORT ENVIRO~ENTAL ASSESSMEN.T FOPJ4 INSTRUCT!ONSt (a) In order to answer the questions in this short EAr is is assumed that the preparer will uss currently available inform~tion concerning the project and the likely impacts of the action, It is not expected that additional studies, research or othsr investigations will be undertaken. (b) If any guestion has been answered Yes the project mny be significant and a completed Environmental Assessment Form is necessa~/. (c) If all questions have been answered No it is likely t~m% this project is not significant, (d) ~nviror~ental 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 larg~ impact on groundwater quality? · · · · · · · , 5. 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 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the core. unity? . . . Will project adversely impact any site or struct- ure of hiatoric~ prs-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 opportunities? . . 11. Will project.result'in major traffic problems or cause a major effect %0 existing ~ransportation 12. Will project regularly cause objectionable odors, noise, glare, vibratmon, or electrical distbrb- ance as a result of the project's cperation?. 13. Will project have any impact on public heal=h or l&. Will project Affect %he existin~ community by tion cf ~ore than 5 percent over a cna-year period or have a major negative effect ~n character of the coe~unity or neighborhood? o · 1~. IS there public cO~roversy ¢oncernlng ~he project? PREP~RER'S SIG~ATt~E: ~.~/~//-- TITLE: REPRESENTI~:G: [)ATE: -- Yes Yes Yes Yes /No Yes .. Yes Yes Yes Yes ~No Yes Yes Yes ~o To: ('£cd~y ' ..,n Southo!d Town Board of Appeals }lain Road Sou=hold, HY 11971 Appeal Application of Location of Property: Zn reference to the New York State Tidal %'/etland-. Land-Us Regulations, 6 NYCRR, Part 661, and Article 25 of the He:./ York Environmental Conservation Law, please be advised :ubjec= property IQ the within appeal appl' '-~ . · lc.. -o.1. {phrase check ~e box] ' ] H,ly bo located ~ithin 300 feet of tidal wetlands however, constructed along the water-lying edco of this prope~'ty ts a bulkhead in very geed condition and at least 100 fee~ in ~length. ] Hay b~ 'located wi.~h~n 300 feet of tidal wet!and~. however, constructed along the wate;r-lying edge of thi~ pro~er=y is a bulkhead in need of (m_..o_] (major} repairs, and aouroximate!v feet in length. ' ' ' [ ] Hay bo located within 300 feet of tidal wetlands; however, constructed al'ong tho wa~er-lying edge of this property is a bulkhead les'.' than 100 feet in length. May be loc"'ted within 300 feet of ' " . t~dal we~land~; and there Is no bulkhead or ', cch 'on the prcmise~. -[ I Is not located within 300 feet to tho best of ~1!y kno%~ludge.* of tidal Wetlands appear [!;tarred items (+} indicate your property to fail within the juri':QictioP, of th~ H.Y.s. D.E.C. Sincerely NOTE: If proposed project falls wit'hin D.E.C. jurisdiction, approval must be received and suI:mit~.6d to our office berate Your a~plication can be scheduled for a public hearing. Your ^PPLIC^T o, TO Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, or other evidence. 1. Are there any wetland grasses on this parcel? Yes N~ (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference) 2. Are there any proposals to change or alter land contours (except as exists)? Yes ~j~ 3. Are there any existing structures, including fencing, concrete barriers, decks, etc? Yes 0 4. Are there any patios or other types of construction at or ~below grade level? Yes ~ 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above ground level? Yes {~ State total height if above 18 feet: If project is for principal building or structure, is total height more than 35 feet above ground level? Yes State total height if above 35 feet: Are there other premises under your ownership abutting this parcel? Yes Are there any building permits pending on this parcel (or abutting land, if any, under your ownership)? Yes o 9.a)Are there any other applications pending concerning this property before any other department or agency (including State, Town, ~--~l County, etc.)? b) If there is an application pending a town or other governmental agency, is the application for a different project on this parcel? Yes 10. State Action Please list at this time proposed requested by Other Agency: use or operations conducted upon the subject property I certify that the above statements are true and are being submitted f6r r~ll&nce_by the Board of Appeals in considering my application. ! Sig'nature (Property Owner) (Authorized Agent) HIPPODROME DR. LOT 3 N .60° 20 '40"E - c~t 41.83' ~ LOT 4 LOT 5 ~ 14.0 ( DWELLING j~ SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES FOR APPROVAL OF CONSTRUCTION ONLY DATE HS REP. NO.__- - APPROVED~ __ _ SURVEY OF LOT 4 MAP OF OEIXEDON ESTATES" BLOCK 7 FILED MAR.'I6 ,1946 FILE N0.1472 AT AR SHAMOMAQUE TOWN OF SOUTHOLD SUFFOLK COUNTY , N.Y. I000 66 0 2 46 SCALE I"= MAR. 3, 1987 ( DWELLINe ) /t~.e PROPoseD · / PROp. HOU,SE. TOP TO E TI{ Li NE ALONe S. 59004' 51e w' 99.83' TOWN HARBOR CERTIFIED TO : AMERICAN TITLE INSURANCE CO. LONG ISLAND MORTGAGE CORP. THOMAS BALL BARBARA BALL terns for this residence wiJl ¢on~orm to the standards of the .Suffolk Counly Depad.. ment of Heallh .Service. T'O~ Prepared in accordance with the minimum z m s~andards for title sur~/s as mtablilhed by o 4~ the L.I.A. L S. and approved and adopted N for such use by The New Yack State Land c~ Title Association. TEST HOLE jO'l 3.4' 12.4' I?.0' AREA = 21, 071 SQ. FT. FLOOD ZONE 'C' ELEVATIONS ARE REFERENCED TO U.S, /, · .=~- . . v. / '.'CONIC SURVEYORS & ENGINEERS, P.C. /(516) 765 ' 50?-0 / P.O. BOX 909 MAIN ROAD SOUTHOLD, N.Y. 11971 87 - 223 S. LIC . NO. 49668 I~OARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th~az it~ t~pe intention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~(Varia~e) (Special,Except[on) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition,is located adjacent to your pr,,pperty and is des- 3. That the property which is the subject of %u~ch Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ~. That the pro~i~ion~ of the Southold Town Z~.i.~ Cod~ ~pplk~ble to the r~li~f sought by the signed are ~cle ~ ~ {0 0 -~ I ~ 0 - 3 ~ [ ] Section 280-A, New York Town Law for approva~ of access over 6. That within five days from the date hereof, a written Petition requesting the relief s~cified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (5~6) 76~809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:/(~/~ /,'~/ zq/7 [ '! ! Petitioner Owners'Names: Post Office Address NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P-531 921 008 P-531 921 007 STATE OF NEW YORK ) COUNTY OF SUFFOLK) L_.~.//,~ ~,,.,-,~r ,'%-f_ ? //"/~'~. . being duly sworn, deposes and says that on the /"~ day of ,'~//~,-~. ,19 0mT , 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 rpllqf t. he Town of Southold; that said Notices were mailed at the United States Post Of- fice at ~J~/,~ f~ ~ ~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail, Sworn to.o_,~fore me this day~f //Z~-c.~ ~ Notary Pul~c MARY ANN CYBULSKI NOTARY PUBLIC, State of New York Re,:,dmg m Suffolk County No 52-5895900 COlZ~ml,~on Exp~re~ A~nl 30 1~.8 (This side does not have to be completed on form transmitted to adjoining property owners.)