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HomeMy WebLinkAbout3613Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD Appeal No. 36]3 Application Dated February ]0, ]987 TO: Philip J. Cardinale, Esq. as Attorney for MR. GREGORY PAULOS Jamesport Center Jamesport, NY 11947 AND FILED BY' SOUTHOLD TOWN DATE ~2//~c? HOUB Town Olork, Town of Sou~h~l~ At a Meeting of the Zoning Board of Appeal. neia on ~ L~, 1967, 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 IX] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2(A) [ ] Request for Application of GREGORY PAULOS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct deck addition to dwelling with an insufficient setback from bluff along Long Island Sound. Location of Property: North Side of Sound View Road, Map of Orient By-The-Sea, Section Two, Lot 46, Orient, NY; County Tax Map District 1000, Section 15, Block 3, Lot 4. WHEREAS, a public hearing was held and concluded on April 2, 1987 in the Matter of the Application of GREGORY PAULOS under File Not 3613; 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 XI, Section lO0-119.2(A) for permission to construct deck at the rear (north side) of the existing dwelling with a setback at its closest point at not less than 40 feet from the top of bluff along the Long Island Sound. 2. The premises in question is a substandard parcel known and referred to as Lot No, 46, Map of "Orient By-The-Sea, Section Two" and is presently improved with a single-family, dwelling structure, as depicted on survey prepared by Roderick VanTuyl, P.C. January 12, 1973, with setbacks of: (a) 82± feet from the front property line, (b) lO½ feet from the west side line, (c) 29± feet from the east side property line. The setback from the northeast corner of the house appears to be approximately 56 feet from the top of the bluff [see Soil and Water Conservation District report dated March 2, 1987]. (CONTINUED ON PAGE TWO) DATED: April 23, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3613 Matter of GREGORY PAULOS Decision Rendered April 23, 1987 3. It is noted for the record that along the top of the bluff, there is a very low berm which aids in controlling runoff water from flowing down onto the bluff face. Raising the height of the berm at the surface inlet by 12 to 18 inches would help to alleviate any future storm-water surface runoff (after construction of the deck). 4. The overall dimensions of the deck as requested are a 30 ft. width, and 12 ft. depth, except at the 12 ft. center which widens to a depth of 16 feet. Also proposed are 8-ft. wide steps off the center of the deck. 5. Article XI, Section 100-119.2, subparagraph [A](1) requires all buildings on lots adjacent to the Long Island Sound to be set back not less than one-hundred (100) feet from the top of the bluff, or bank. 6. The existing setback of the dwelling is 56± feet, and the deck as proposed would reduce the setback by not more than 16 feet, to 40 feet at its closest point(s). 7. The consensus of the Board is to permit construction of a deck as shown on the building construction plan, without a physical attachment to the dwelling, and with a setback not closer than 40 feet to the top of the bluff. In considering this appeal, the board also finds and determines that construction of the deck (detached from the dwelling) and not closer than 40 feet to the top of bluff: (a) is not unreasonable under the circumstances; (b) is substantial in relation to the requirements; (c) will not create a substantial change in the character of the area; (d) is feasible since there is no other method feasible for appellant to pursue other than a variance; (e) is within the spirit of the zoning ordinance and will serve the interests of justice; (f) will not cause a substantial effect of increased popula- tion density or be adverse to the safety, health, Welfare, comfort, convenience, or order of the town. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance under the Provisions of Article XI, Section lO0~ll9.2(A) in the Matter of the Application of GREGORY PAULOS, File No. 3613, for the construction of a deck at the rear (north side) of existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Deck be no larger than 12 feet in depth; 2. Deck be no closer than 40 feet to the top of bluff (at its closest point); 3. Deck must be physically unattached to dwelling~ 4. Stairway area be no wider than eight feet;. 5. Wind-break type screening (fencing., e~.) at a height of five feet be placed on the east side in the alternative, tall trees to a height of fiv~.fee~ or more, plus the height from deck to ground level. 6. Deck not be enclosed or converted for living area; 7. This variance is temporary for a maximum, period ~f two years, EXCEPT where a building permit has been properly issued and construction commenced within this limited two-year period. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent. This resolution was duly adopted. GERARD P. GO~H~'iNGER, C~W~I~I~M~N April 27, 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, THURSDAY, APRIL 2, 198~, at the following times: 7:35 p.m. Appeal No. 3611 RAYMOND AND ELEANOR KERESTER. (Recessed from 3/5/87). Variances for insufficient lot width of three proposed parcels, each containing 4.6± acres. North Bayview and Paradise Poi'nt Roads, Southold. 1000-81-01-25. 7:40 p.m. Appeal No. 361~ - ANA G. STILLO. Variances the Zonin§ Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area, width and depth of two parcels in this pending division located on a private right-of-way extending off the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26, containing 3.2 acres total~ 7:45 p.m. Appeal No. 3618 SUKRU ILGIN AND MINE PEKSEN ~/b/.a OCEAN HOLDING CORP. Variance to the Zoning Ordinance, Article VI, Section 100-62 for permission to operate convenience store in addition to existing gasoline-service station uses at 7400 Main Road, Laurel, NY; County Tax Map District 1000, Section 122, Block 7, Lot 01. Zone District: B-1 General Business. 7:50 p.m. Appeal No. 3609 GULL POND DAWN CORP. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to construct single-family dwelling with an insufficient setback from existing wood bulkhead along mean highwater mark of Dawn Lagoon. Location of Property: East Side of Dawn Drive, Cleaves Point, Section 3, Lot 70, Greenport, NY; County Tax Map District 1000, Section 35, Block 5, Lot 17. 7:55 p~m. Appeal No. 3616 - FLINT ST. CORP. AND RIVER CIRCLE CORPi. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area, depth and width of two parcels in th~s pending division of land, fronting along L'innett Street and Flint Street, Greenport Driving Park Lots ~68 and 76, Greenport, NY; County Tax Map District lO00, Section 48, Block 2, Lot 32. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting - April 2, 1987 8:05 p.m~ Appeal No. 3615 CARMINE AND DONNA DISPIRITO. Special Exception to the Zoning Ordinance, Article III, Section lO0-30(B)[1] for permission to establish and construct two-family dwelling at 6030 ¥oungs Avenue, Southold, NY; Minor Subdivision Map 378, Lot 4; County Tax Map District 1000, Section 55, Block 2, Lot 1.4. 8:10 p~m, Appeal the Zoning Ordinance, Article to construct deck addition to setback from bluff along Long North Side of Sound View Road, Two, Lot 46, Orient~ NY~ 15, Block 3, Lot 4. No. 3613 GREGORY PAULOS. Variance to XI, Section 100-119~2 for permission dwelling with an insufficient Island Sound. Location of Property: Map of Orient By-The-Sea, Section C6unty Tax Map District lO00, Section The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the con- clusion of the subject hearing. For more information, please call 76B=1809. Dated: March 20, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies to the following 3/20/87: Suffolk Times L.I. Traveler Town Clerk Bulletin Board Patricia C. Moore, Esq., Edson & Bruer, Main Road, Southold, NY Attorneys for Mr. Raymond Kerester Attorneys for Ms. Ann Stillo 11971 Mr~ Mine Peksen, Mr. Sukru Ilgin, Box 525, 7400 Main Rd, Laurel !1948 Gull Pond Dawn Corp., 8 Lovers Lane, Huntington, NY t1743 William Moore, Esq. as requested, 370 Terry Lane, Southold, NY 11971 Mro David E~ Kapell, Agent for Flint St. and River Circle Corps. 400 Front Street, Box 463, Greenport, NY 11944 Mr. and Mrs~ Ce DiSpirito, 2430 Brigantine Drive, Southold, NY 11971 Mr. Bruno Tarabaccia, 1730 Waterview Drive, Southold, NY 11971 as Agent for Mr. Gergory Paulos J~ Kevin McLaughlin, Esq~ as requested, Box 803, 828 Front St, Greenport, NY 11944 ZBA Zndividual Files ZBA Office Bulletin Board ZBA Members Building Department Planning Board FORM NO. 3 TOWN OF SOUTttOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ TO ..~ .,A,4-..,~q~... )..O-:~. ............ . .t.~.o...~.~ .,~.'.., i..e4/ ......... : . .~. ~.~. ~...q. ..................... PLEASE TAKE NOTICE that yonr.application dated ....(D.~ .7 .......... 19..~. 5. for pen-nit to construct....(~...~...~.....O.~~ ............................. at Location of Property ,. ?. ~...3.~.O. ~...~.4.- ........ .Q).~ ............ rtouse tvo. Streat Nam/et County Tax MaP No. 1000 Section .... .0. ]..~*. .... Block .... .Q}.~ ...... Lot ....e~..~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved ~1 the following grounds..~...: .c~...~..~.~ ..... ~.~ ://. ?..~... ~~.. ~../.~..~...~....~....~. ~&. .... .~.".-~:..~..-~....&.~. ~ .~ .... .~. ..... ~ .... ~ ~..4.. ........ Building inspector RV TowNFORI~I NO. 1OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 8OUTHOLD, N.Y. 11971 TEL.: 765-180:3 Examined ................. 19... Approved ................. 19... Permit No ............ Disapproved a/c ..................................... Received ........... (Building Inspector) APPLICATION FOR BUI,LDING PERMIT Date .................. ,19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, wi~ 3 gets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or pubI~c streets )r areas, and giving a detailed description of layout of property must be drawn on the diagram wbAch is part of tiffs appli- teflon. c. The work covered by th_is application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Lnspecror will issued a Building Permit to the applicant. Such perrnit ;hall be kept on the premises available for inspection t.hrou~hout the work. e. No building shall be occupied or used ir3 whole or in part for any purpose whatever until a Certificate of Occupancy ~halt have been granted by the Building i[2~spector. APPLICATION IS HEREBY MADE to the Building DepaW~ment 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 constracfion of buildings, additions or alterations, or for removal or demolition, as herek~ described. I'he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, am~ regulations, and to -admit authorized inspectors on premises and in bu~2ding for necessary~] ections. ~-~) ~ . .................... (Signgture of ~p~licant, or name, if a corporation) (mailing address of ap¢iicant) State whether applicant is owner, leaee, agent, architect, en~neer, general contractor, electrician, ~!umber or builder. N[une of owner o f prem,ses .~'/.~.&q'~.~.,y. W~... '.4~. '.~. ................................................ (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 .......................... Plumber's License No ......................... Electrician s License No ....................... Other Trade's License No ................... ;.. I. Location of land on which proposed work will be done .................................................. .v. O,x .zT- ......... · .... ttouse Number Street Hamlet 1000'Section County Tax Map No. ..... ........ Block ..../.~-. ........... Lot ................ Subdivision ..................................... Fried Map No ............... Lot .............. (Name) : 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..................................................................... b. ihtended USe and o¢~pancLy 3[ Nature of work (check which appl/-' le): New Building .......... Addili ..... Altera~io2 .......... Repa/r .............. Rerhoval .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cost ...................................... Fee ...................................... (to be paid on Filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelhng t~nits on each floor ................ If garage, number of cars ........................................................................ 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: Frcnt ............... Rear ............... Depth ............... Height ............... Number of Stories ............ - ............................................ 9. Sizeoflot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase ............................. Name of Fom~er Owner ............................. 11. Zone or use district in which premises are situated ..................................................... 12.. Does proposed const~2ction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No i4. Name of Owner of premises .................... Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ 15. is this property located withini,00 feet of a tidal wetland? * Yes ..... No ..... · If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly nll buildings, whether existing or proposed, and, indicate all set-back dimensions from property tfnes. G~e street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, S.S COUNTY OF ................. (Name of individual signing contract) above nmmed. He is the ......................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or ownem, mud is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and thai the work will be performed/n the manner set forth in the application filed therewith. Sworn to before me this ..... ~. ...... day of ~..~.. ....... , 19 . .~. TOWN OF SOUTHOLD, NEW YoRK~ ~r0~ C~rk ,~I~L~L FROM DECISION OF BUILDING INSPECTOR TO THE~Z. ONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, (We) ~.~/~.....'.~..~...~..~..0...'~ .......................... of ..'~...'~...'~......~...~..~...~.:....~../.~...~ .................... Name of Appellant Street and Number .... ................................................................. ........ HEREBY APPEAL TO Municipality St'ate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~..~..,,~...:..~..~...~....~....~.(.~.:.....~...~.. ...... ..~...~.L..~...~..? ................ Street Use District on Zoning Map .~.../ ...................... .............................................. u nt Owner 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 0rdi.nonce.) 3. TYPE OF APPEAL Appeal is made herewith for ( V~ A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A prev,ous appeal (hos~(has not)~en made~s decision of the Building inspector or with respect to this pro~y. / Such appeal was ( ) request for a special permit ~ ( ) request for c variance ¢ ~r// and was made in Appeal No ....... ~.- .................... Dated ...................................................................... REASON FOR ~PI~EAL A Variance to Section 280A Subsection 3 ( ) ( ) A Variance to the Zoning Ordinance ~s requested for the reason that 1aorta ZB1 (Continue on other side) Continued REASON FOR APPEAL 1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2 The hardshio created is UNIQUE and is not shared Dy aJ[ properties aJike in the immediate vicinity of this property and in this use district because 3 The \anance would ooserve the spirit of the CHARACTER OF THE DISTRICT because Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) ) COUNTY OF~//~ ) SS Sworn to this ................. /..~..(..~..~ .............. day o ................ ,...~..~.~r~4C~ ............. ]9~7 Notary Public OF SOUTHOLD (%) P~OPERTY ~CO~D CARD OWNER FORMER OWNER ~TREET N S VILLAGE DISTRICT SUB. ACREAGE ,/90 TYPE OF BUILDING LOT RES.,,~ la LAND SEAS, IMP. ~4o OO TOTAL f /oo./ AGE NEW Form Tillable Tiilabie FARM DATE NORMAL Est. Mkt. Value REMARKS ABOVE Value BUILDING CONDITIOb BELOW Value Per Acre FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK Tillabi'e 3 Woodland Swampland Brushland House PI ~'~'"" Total Breezeway Garage Foundation Basement !Ext/Walls Porch [ ,:..~& Bath /~ Floors ~rr~,- Interior Finish _ j. Heat Porchj Roof Type Rooms 1st Floor Patio Rooms 2nd Floor Driveway Dormer LONG ~LAND_5OUNO J i N l REFER. TO BY 'THE SEA- ~P N~. MAP OF PROPERTY l .I DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals CO61NTY OF SUFFOLK Michael A. LoGrande SUFFOLI< COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN April 29, 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 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) Municipal File Number(s) Gull Pond Dawn Corp. Gregory Paulos 3609 3613 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 GRIGONI$, 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. 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: ×× Variance from the Zoning Code., Article ×I , Section 100-119.2 (A) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3613 Applicant: Mr. Gregory Paulos Location of Affected Land: 130 Sound View Rd., Orient, NY County Tax Map Item No.: 1000- 15-3-4 Within 500 feet of: Town or Village Boundary Line x~ 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 construct deck additi~on to dwellinq with an insufficient $~tback from bluff_alon~ Long Island Copies of Town file and related Dated: April 28, 1987 documenLs 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. SAWICKI April 27, 1987 Philip J. Cardinale, Esq. Cardinale & Cardinale Jamesport Center Jamesport, NY 11947 Re: Appl. No. 3613 - Gregory Paulos (Variance) Dear Mr. Cardinale: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board bf Appeals, the original of which has this date been filed with the Office of the Town Clerk. Please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809) or that of the Building Inspector (766-1802) if you have any questions. Enclosure Copy of Decision to: Building Department Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Suffolk County Planning Commission J. Kevin McLaughlin, Esq. Mr. Bruno Tarabocchia JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 February 10, 1987 TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3613 , application of Gregory Paulos 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 Southold Town Board of Appeals MAIN ROAD- ~qTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD April 2, 1987 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S .E .Q.R.A. SERGE DOYEN, .JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3613 PROJECT NAME: GREGORY PAULOS 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 re'aeons 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: tX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Permission to construct deck addition to dwelling with an insufficient setback from bluff along L.I. Sound LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: n/s Sound View Road, Orient, NY 1000-15-3-4 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 located more than 75 feet from the mean highwater mark or tidal area. (3) The relief requested is a setback variance as regulated by SeotiFOR6FURTE~R6INPOR~LATYO~PLEASE~n1711uvPDDe~n~ CONTACT: Linde 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. Mer~randum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: MEMORANDUM From: L i n d a Date: FOR THE FILE 3/17/87 Bruno Taraboccia, friend representing Gregory Paulos on variance application, advises he spoke with Mike Froscina of N.Y.S.D.E.C. today and Mr. Froscina indicated DEC permit is not needed because of elevation above 10' and setback is away from bluff area. Mr. Taraboccia is requesting public hearing for April 2nd by Z.B.A. Mr. Taraboccia also indicated he would "flag" points of construction of deck for board inspection. 828 FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 March 27, 1987 Zoning Board of Appeals Town of Southold Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Gregory Poulos' Appeal No. 3613 Dear Members of the Board: I represent Fred and Arlene Eber, who own premises adjoining the subject parcel to the east. My clients vig- orously oppose this application for several reasons. Initially, the proposed deck is to be constructed very close to the top of the existing bluff. The applicant's sketch indicates that the deck would be approximately 40 feet from the top of the bluff. However, this measurement does not take into consideration the deck steps, which extend an unspecified distance toward the bluff. Additionally, the letter from the Suffolk County Soil and Water Conservation District, dated March 2, 1987, states that the bluff face is very steep (1 foot horizontal per i foot vertical); that construction of the deck would increase water surface runoff causing erosion, and; that bluff recession is to be expected, up to 15 feet, if the toe of the bluff remains stable. Assuming the foregoing to be true and subtract- ing 6 feet as the approximate depth of the deck stairs, the result would be that the deck would be 19 feet from the top of the bluff, less than one-fifth the required set back. The granting of a variance that would result in such a situation is clearly a dangerous precedent. Currently, there are no structures in this neighborhood that are anywhere near that close to the top of the bluff. The main purposes of §100-119.2 (A) (1) are to protect the environmentally sensitive area of the bluff, to insure that structures are not built precariously close to the bluff and to provide unrestricted views of the sound. Clearly, none of these purposes would be advanced by the granting of this variance. In addition to the concerns regarding the bluff, the houses in this area are built very close to one another. The addition of the proposed deck would be in extremely close proximity to my client's two bedrooms and bathroom, which are located on the westerly side of their house adjacent to the applicants property. This would undoubtedly result in in- creased noise problems for the Ebers. Again, the applicant's plans /ail to indicate the distance between the proposed deck and his easterly property line. However, it is obvious that this proposed deck would be literally "on top of" the Ebers residence. The construction of the proposed deck, in such close proximity to the bluff, will also seriously interfere with my clients' view of Long Island Sound from any of the windows on the westerly side of their house. Understandably, one of the Ebers main reasons for purchasing this home was the dramatic, unobstructive view of the sound which it offered. My clients have expended considerable money and invested their hopes and dreams for the future in this home in reliance on the neighborhood as it exists. To allow the applicant to construct this deck in such close proximity to the top of the bluff and to the Ebers residence would destroy the quality of their home to a considerable degree. Moreover, to allow such a major variance from the required 100 foot setback in this instance will undoubtedly result in numerous applications for similar relief. If the Board grants this variance, it will be hard pressed to deny future variance of a similar nature. The intent and purpose of §100-119.2 manner, completely circumvented. JKM/sk (A) (1) will ~~u~ be, in that SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK MICHAEL LO GRANDE SUFFOLK COUNTY EXECUTIVE March 2, 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. 3613 - Gregory Poulos (Variance), please be advised that a site inspection was conducted on February 26, 1987. At that time it was noted that the north-east corner of the house was 56 feet from the top of the bluff. The bluff face was very steep, approximately (i foot horizontal per 1 foot vertical) and was primarily covered with annual grasses and weeds. There were large boulders and stone along the bluff toe which evidently are aiding in erosion control since only minor toe erosion was observed. Along the top of the bluff there was a very low berm which stops runoff water from flowing down onto the bluff face. A surface inlet, just east of the stairwell, intercepts runoff water from behind the berm and a pipe from the inlet conveys the water down to the beach. Construction of the deck would increase storm water surface runoff to the surface inlet. Due to the low berm, this additional runoff volume could overtop the berm and flow down the bluff face causing erosion. Raising the height of the berm at the surface inlet by 12 - 18 inches should alleviate this potential problem. Due to the steepness of the bluff face and lack of permanent vegetative cover some bluff recession should be expected. The natural angle of repose for bluffs is ap- proximately 1~:1 or 2:i (feet horizontal per foot vertical). At these angles the existing top of bluff would receed approximately 8 - 15 feet landward, if the toe of the bluff remains stable. Vegetating the bluff face with a perennial grass, such as ~Cape~ American beach- grass, would help stabilize the slope. Specific recommendations regarding vegetating bluffs is available through this office. If you require any additional information please contact our office. Sincerely~ Thomas J. McMahon, Senior District Technician RIVERHEAD. NEW yORK 11 (5 ~ 61727-2315 4 x~ ATTORN~ 828 FRONT STREET, P. O. BOX 803 GREENPORT, NY 11944 (516} 477-1016 February 19, 1987 Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Gregory Poulos - Variance Dear Linda: I have been retained by adjoining neighbors, the Ebers, to opposed Mr. Poulos' application for a variance to construct a deck addition. Please advise me of the date for the public on this matter, as soon as it is scheduled. JKM/sk hearing Very truly/~ours~/~ ~ NOTICE'S:' IS'~ HEREBY GIVEN, ~nt/o Section 267 of the Tow~ Law and the Code of the Town of Southbld, the follow. lng public hast/rip will be h~ld by the ~OUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, N-Y at a Regular Meet- 1987, at the to]lowing times:- ' 7:35'~p.m. Appeal'No. 3611 - RAYMOND AND ELEANOR KERESTER. (Reeeseed from 3/ 5/87). Vnriances for itmufficient lot width of three proposed par- cola, each containing 4.6 -+ acres. North Ha)view and Paradise Point Road~,.Southold. 1000.81. 01-25. 7:40 ~,~, Appeal No. 3619 - ANA G./~TIIA,O. Variances to the Zoning Oral/hence, Article .III, ~on :l. 100-3~l,::i: Bulk SchedUlei~for i/~OvS! ~f inzuf0. - cient ilo~. n~ea; ~dth and depth vision l°cated on a pr {ate r sbt- of-way '~ln~gdoff the north side of~ M~dn' ~_; Orient, NY; County ,ru Mip District 1000, Section 14, Block 2, Lot 28, con. raining 3.2 a~'es total. 7:45 p,m, Appeal No. 3618 - SURRU ILGIN AND MINE PEKSEH '~ d/b/n OCEAN HOLDING CORP. Varionc~ to the Zoning Ordinance, Article VI, Soction 100-62 for portals. sion to oper~~ convenience store in addition:to existing gasoline- 8:06 p.m~ Appeal No. 3615 - CARMIN~ ~ AND DONNA DISPIRITO. Special Exception to the Zoning Ordinance, Article II1, Section 100-30(B)[1] for per- misaion to establish and COn- struct twc-family dwelling at 6030 Youngs Avenue, Southold, NY; Minor Subdivision Map 378, Lot 4; County Tax Map Dis- trict 1000, Section 55, Block 2,. Lot ~ 8:10 p~m~ Appeal No. 3613 GREGORY PAULOS~ Vari- snce to the Zonir~ Ordinance, Art cle XI. Section 100-119.2 for permission to construct deck ad- dition to dwelling with an insuf- flcient setback from bluff along Long Island Sound. Location of' · ervice station M at~ 7400 Mnin Road, Laurel, NY; c0tmty Tax Map Dlstr/,zt 1000,~socti0n 122, Block 7, Lot 01. Zone Di~- Property: ~North Side of Sound. trict:B-lC~neral Buninose.- · ~ View Roi~iM~p of Or/ent By= 7:50 p.~n. Appeal No. 360~-- ~i The~a,' ~ortion Two, Lot 46, GULL POND DAWN CO~.P ~1[ Orient, NY; County Tax Map Variance to the Zonir~ Ot~..~ ~,.DistHct 1000, Section 15, Block~o hence, Artl~leiX~i ~ti~ll 100-~' ~ 3, Lot4. 119.2forlmmztasitmtncons~ ~ The Board 'of Appeals will single-fnmil~dW~lli~ w/+~ '.. f hear at said.t/me and place all . msuffieknt ~et]~ from ~'"~-' .[ persons or rep~'esentat~ves desir- ing wo0~'~d'~lon~ fae~ [ in~ to b~=h~ard in each of the highwn~'~ke~f~Dawe' La- ~bo~e matters. Each hearing- goon, ~'of ~y: Esst [ will no~ sta~ before the time al- · Sid. e of ~wll Drive, Cleave~ [ lott~.W~ltton.comments may Point [~lon 3, Lot 70, Oroe~- ~ be submlttod pmor to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: March 20, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS OERARD P. GOEHRINGER, ' CHAIRMAN Linde Kowalski, Board Secretary pert, NYl:~oUnty 'Fmc M/,p Dis- trict 1000, Section 35, Block Lot 17. · 7:55 p,~.~ Ap'IMal NO. 3616 FLINT ~r. CORP. AND RIVER CIRCLE CORP, Var~ ance~ to the Zoning Ordinance, Article III, Sect/on 100-31, Bulk Sohodule~ for'approval clent lot area~ depth 'and ~idth o~ t. wo parcel8 in this pending di- wslon of land, fronting along Linnett Street and Flint Stroet, Greenpert Driving Park Lots 68 and 76, Groenpert, NY; County Tax Map District 1000, Section 48, Block 2, Lo.t 32. STATE OFNEWYORK ) ! SS: COUNTY OF SUFFOLK ) Richard Williams ofGroenport, in said County, being duly sworn, says that he/she is 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, and that the Notice of which the annexed is e printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the __~ ~'ch dayof ~ March 19_8~. __ . _ g ~ ~ ~.~ ~ ........... Principal Clerk vorn toJ;~lfore m this ~ .. / ' ,/~ N~ARY PUBUC, ~ of N~ Y~ / J~ ~~ Suffolk ~unty NO. ~498~ ~ ~ EN, pursuant to ~.~ of the T~n ~ ~ ~,~ of the ~wn,of ,~ld, the foll~i~ public at th~ ~utho!d~n ,Hall, Main Road, South6Jd[ NY at a ~gular Meetly, ~URSDAY, APRIL 2, 1987, at th~ foH~i~ times: , , 7:35 p.m. Ap~l N~ 3611- RAYMOND AND ELEANOR KERESTER. (~d f~m 3/5/87). Vsri~s for insuffi- ciera lot w~dth of t~ pm~s- ed pa~, ~ con~ 4.6~ acres. North Bayview and' ~d~ ~mt .~ ~u~old. 1~-81-01-25., . , , ,, ANA O. ~IL~.' Variances to ~he ~ning O~innn~'Article III, Section 1~;31, Bulk Schedul~ for approval of insuf- ficient lot a~, width ~d depth of two parcels in this ~nding division located on s private right-of-way ~ten~ng off the north side of Main Road,' Orient, NY; County ~ Map District 1~, ~ion 14, Bilk 2, ~t 26, cont~ ~ ac~s 7:45 p.m ~s-su~u ~,~A~D HOLDING CORP. ~:O~c~'Article vi, Section l~6~,~oF~mis- sion to o~rate con~mence store in additio~to ~isting t gasoline-service s~tton u 7~ County ~x Map Distfi~ Section 122, Zone District: B-F ~ General 3609.GULL POND CORP. ~ Ordinanc~ A~i~ Xi~ 1~-119.2 for struct with an insuffic~nL ~bnck from existing~w~ bulkh~d ~OUNTY 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 Traveler-Watchman once each week for / weeks successively, commencing on the '~ ~ day of ...~..-.-.~.~ ! f. ? ...... , 19 .~. 7~... Sworn to before me this ' ;~ day of ....... J2/ : ....... Notary Public BARBARA FORBES Notary Public, State of New York No. 480~846 Qualified in Suffolk County Commission Expires ~. Dawn L~goon. perry; EastSide o .Dawn D[jvc Cleaves Point, Greenport,, Map Block 5, Lot 7:55 p.m. FLINT ST. COR RIVER CIRCLE: COR dinance, Article 100-31, proval fronting alongl and Flint Board of Appeals Mill h of the: m~tters. Eqch hearing will start before the time allot- ted. Written comments may b~e submitted pri0s: to.the conclu- · For , please call ('76~-1809, i ,[? . ~Dated: Mar~h 20 1987 ~ ,!BY ORDER OF THE ' . SOUTHOLD TOWN : ' BOARD OF APPEALS GERARD P, GOEHRINGER, Driving Park Lot~ f~Sand 76,:~ i ' Z CHAIRMAN Greenport NY;=(~ouhtY~ ~ :~ ,: ~ L nda Kowa sk,' Map D str ct 1000o,~le~tlon ~48, ~k ~ Board Secretary Block 2 ~t 3~ ~,.,, ~ ~ ~;, ,,, , , , ~T-3/26/87(52) CARMINE ? A~D~DONNA~,' Section 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 ROAD- BTAT£ ROAD 25 ::OUTHOLD, L.I.o N.Y. 11c:J71 TELEPHONE (516) 765-t809 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 G-ERARD P. GOEHR~NGER CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk P.S. Please .flag the points of the proposed deck construction for onrsite inspections as soon as possible. APPEALS BOARD MEMi3ERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southoid Town Board of Appeals MAIN ROAD- E~TATI=' RI-tAD 2,E, E~DUTHDLD, L.l., N.Y. TELEPHONE (516) 765-1809 February 24, 1987 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil and Water Conservation 127 East Main Street Riverhead, NY ll901 District Re: Appeal No. 3613 - Gregory Poulos (Variance) Dear Mr. Pauzer: We presently have an application pending in which the property owner proposes to construct a new deck attached at the rear of an existing single-family dwelling with a setback of not less than 40 feet from the top of bank along the Long Islkand Sound. The premises is located along the north side of Sound View Road, Orient, and copies of the Suffolk County Tax Map, survey, and build- ing construction plan are enclosed for your review. May we ask your assessment of this project? If further information is needed, please don't hesi- tate to call our office. Thank you for your assistance. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures ,SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short gAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? o o . . . o . , , . 2, Will there be a major change to any unique or unusual land form fouuld on the site? · , 3. Will project alter or have a large effect on an existing body of water? o , , , · . · Will project have a potentially large impact on groundwater quality? . , , , , , , , · Will project significantly effect drainage flow on adjacent sites? . . . . . . . . . 6. Will project affect any threatened or endangered plant or animal species? · . , · 7. Will project result in a major adverse effect on air quality? · · · · · , · · · · · Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? . . . Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . . . 10. Will project have a major effect on existing or future recreational opportunities? . . . 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause Objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~ 13. Will project have any impact on public health or l&. PREPARER'S REPRESENTING: Yes /No Yes /No Yes YNo Yes ~/No Yes Yes ~No Yes Yes Yes Yes /No Yes /No Yes ~No ..... Yes ~ Will project Affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent o~er a one-year period or have a major negative effect on the charact~ of the community or neighborhood?.. Yes ~' ~o Is there publ~ controversy co~.cerp4;ng the project? Yes 9' No TO: $outho!d Town Board of Appeals ~lain Road Sou~hold, ~;Y 11971 Re: Appeal Apolication of ~x~//~ Location of Property: In reference to the New York State Tidal Wetlands Land-us Regu~'ations, 6 NYCRR, Part 661, and Article 25 of the Mew York State. Environmental Conservation La%.;, please be advised that t2 subject property i,n the '' ' · · wl."hln appeal appl~c_~_o.%. (ploa-~e check one box)' [ ] M,]y be located .within 300 feet of tidal wetlands hc%'~,~-ver, cons~ructcd along the water-lying; edce of this prope~'ty is a bulkhead in very gcod ' -- conditicn and at lu_~,n-~ 100 feet in ,'length.* [ ] May b'e 'located within 300 feet of tidal wetlands however, constructcd along the wa~e'r-lyinc edge of thi~ proper~y is a bul:.:head in need of (minor) (major) repairs, and appr~ximate!y feet in length. [ ] May be located " ' w~h~n 300 feet of tidal wetlands; however, constr%%cted along the %;ater-lying edge of this property is a bulkhead less than 100 fee~ in length. [ ]. May be loc"~ted ;.~ithin 300 feet of ' " t~da! wetlands; and there in no bulkhead or -, · cch ..... wall exisf: n on the ~remises. IX] Is w~th]n 300 feet of ti Sound; howeve~ ~$ above ]0' ' [ ] Is not located within 300 feet of tidal Wetlands to the best of my kno~.~led{je · °o [:]tarred items ('] indicate your pro.hetty not appear to fall within the juri<diction of the N.y.s' D.E.C. Sincerely yours,// NOTE: If proposed p ]_c. rails ~icl~in D.E.C. juri':diction, approval must be received an{~ sukmitl. 6d to our office before your application can be scheduled fo£ a public hearing. e]ev, · 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. 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 propert~whicl~ is the subject, of the Petition i.%locaLe, d adjacent, to yQur propertyan_d, is dcs;._~ cribed as follows: 130 Sounaview ~oaG, 0rzen~, ~ew ~orK, also Known as DlS./UUU, Lot ~4 ma. ~? wn 15-5-4 3. That the property which is the subject of such Petition is located in the following zoning district: Residential District A 4. That by such Petition, the undersigned will request the following relief: A variance to allo~ aplicant to const~oct a new deck 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~'" ........ . ........ -L~.. -fer ~,-ppr~ve-1~ of~.acces~s~-~y. 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 may then and there examine the same during reg~ar office hours. (516) 765-3.809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such 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. 0wner~2'Names:. ~T~e~o~V ?oulos Post Office Address130 Sc~ndview :'d. Q~ient (Tel. 765 2798 718-762-4116 ) PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS p _ 531~6~.0~ 09 S p-531 920 255~ STATE OF NEW YORK ) ,~OUNTY OF~U~FO__LK ) X?~ ~ ~ ~, ~ , being dul~ sworn, deposes and says tha, on the ~ day of ~U~ ,19~ , deponent mailed a true copy of the Notice set forth on the vers~ side hereof, ~rected to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite ~he names of said persons are the addresses of said persons as shown on the current ass~sment roUo~ the Town of 5outhold; tha~ said Notices were mailed a~ the United Stat~ Post Of- fice~ ~~ ~ ~ ~ ~ ; that said Notices were mailed to each of~id persons by LINDA F. KOWALSKI' (This side does not have to be completed on form transmitted to adjoining property owners.)