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HomeMy WebLinkAbout3147900Hay~ahers Rd., Cntchgone ~/28/83 AL~re~ ~, fence which w°uld exceed ~X'L height requirement ~long frontyard~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3147 Application Dated June 14, 1983 TO: Mr. and Mrs. David Pascoe 900 Haywaters Road Cutchogue, NY 11935 (Public Hearing held 7/28/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 28, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section ~ ] Request for Variance to the Zoning Ordinance Article III · Section 100-119B [ ] Request for The public hearing on this application was held on July 28, 1983. Upon application of DAVID AND BONNIE PASCOE, 900 Haywaters Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-119B for permission to erect 6' fence which would exceed the maximum-height requirement along the front yard, at premises known as 900 Haywaters Road, Cutchogue, NY; Nassau Point Properties Map 763, Lot 11; County Tax Map Parcel No. 1000-111-03-06. The board made the following findings and determination: By this appeal, appellants seek permission to erect a six-foot high fence from a point along the southeasterly side property line from the front of the existing dwelling structure and extending 100' into the yard area in front of the house. Technically, the yard area in front of the house is deemed by the zoning code to be "frontyard" and Article III, Section 100-119B restricts the height of the fence to be no higher than four feet. The dwelling struc- ture is set back from Haywaters Road approximately 238 feet. If the structure were located approximately 75' from the street/property line, the area where the 6' high fence is proposed would be con- sidered rear yard area, and where a 6' high fence would be permitted without a variance. It is also noted for the record that the neigh- boring residence along the southeasterly side is situated approxi- mately 95' forward of the subject residence, and this similar area would be considered rearyard if they applied for the same project. It is the opinion of the board that applicants have demonstrated practical difficulties in the development of ~is property necessi- tating the grant of the relief requested. In considering this appeal, the board determines: (1) that the variance request is not substantial in relation to the require- ments of the zoning code; (2) that the difficulty cannot be obviated by a method feasible to appellants other than a variance; (3) that the circumstances are unique; (4) that by allowing the variance, no detriment to adjoining properties would be created; (5) that no adverse effects would be produced on available govern- mental facilities of any increased population; (6) that the relief requested will be in harmony with and promote the general purposes of zoning; and (7) that the interests of justice will DATED: August 10, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN, ZONING °F APPEA .S BOARD Page 2 Appeal No. 3147 DAVID AND BONNIE PASCOE Decision Rendered July 28, 1983 be served by allowing the variance as requested. On motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, BONNIE PASCOE be and hereby filed June 14, that Appeal No. 3147, application of DAVID AND for permission to erect a six-foot high fence IS APPROVED AS APPLIED IN THE SUBJECT APPLICATION 1983. Location of Property: Nassau Point Properties Lot 11, Map 763; 900 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000- 111-03-06. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND 2/LED BY THE SOUTHOLD TOWN CLERK Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2S SOUTHOLD. L.I,. N.Y. TELEPHONE {516) 766-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHAIRMAN CHARLES GRIGONIS JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS 30SEPH H. SAWlCKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regula~ Meeting and the following Public Bearings will be held by the Southold Town Zoning Board of Appeals at the~own Hall, Main Road, Southold, New York, on THURSDAY,~LY 28,~ .g~o~~ commencmng at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed Hearing: Appeal No. 3138 - ALFRED J. TERP. 7:35 p.m. Application of THOMAS KENNEDY, 120 Log Road, Pat- cnogue, NY 11772 for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to use property for business pur- poses, to wit: Video Tape Rental and Equipment Sales, at premises located at 33260 S.R. 25 and 225 Eugene's Road, Cutchogue; Filla Minor Subdivision Map 72, Lot 1; County Tax Map Parcel No. 1000- 097-02-016.5. 7:40 p.m. Application for ORIENT-EAST M3~RION PARK DISTRICT, by Garrett A. Strang, 54655 Main Road, Southold, NY for a Variance to the Floodplain Management Law,:Chapter 46, Sections 46-7 ~nd 46-18B for permission to construct sanitary facilities with first floor below minimum required flood elevation level. Location of Property: North Side of main R~ad, East Marion, NY; County Tax Map Parcels No. 1000-017-05-006 and part of 007; 1000-023-2-part of 001 and 003. 7:45 p.m. Application for RVSS, Inc. (Razmataz), by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-112H for permission to develop and use parking on adjacent (leased) property identified as County Tax Map Parcel No. 1000-125-01-19.1; 1000-122-6-36. 7:50 p.m. Application of ROBERT W. GILLISPIE III, Main Road, East Marion, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71, and Bulk Schedule, for approval of insufficient area, width and sideyard setbacks of building mn this proposed two-lot division of property located at the northeast corner of Beckwith Avenue and Main Road, Southold, NY; County Tax Map Parcels No. 1000-061-02-005, 006, 007. Page 2 Legal Notice of Hearings Regular Meeting of July 2f, 1983 Southold Town Zoning Board of Appeals 8:00 p.m. Application for RICHARD DeMARIA, by Garrett A. Strang, Main Road, Southotd, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permis- sion to construct addition with reduction in rearyard setback at 900 Minnehaha Boulevard, Southold, near Laughing Waters; County Tax Map Parcel No. 10~0-087-02-006. 8:05 p.m. Application of SOUTHOLD EQUITIES, .!NC., t95 Youngs Avenue, Southold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to establish residential and studio use of an existing building in this "B-1 General Business" District, located along the south side of Traveler Street, Southold, NY; County Tax Map Parcel No. 1000-61-01-015. Ro 8:10 p.m. Application of DAVID AND BONNIE PASCOE, 900 ~aywater~ ad, Cutchogue, NY for a Variance t---o th----e Zoni~----~g Ordi--~--~ance, Article III, Section 100-119B for permission to erect 6' fence which would ~exceed the maximum-height requirement along the front yard, at premises known as 900 Haywater~ Road, Cu~cno~u~; Nassau ~oint 3 ~PP~operties Map 763, Lot 11; C unty Tax ap acet No. 10 0-111-0 -0t 8:15 p.m. Application for ROKE'S MARINA, INC., by Esq., Main Road, Mattituck, NY, appealing a decision of inspector to vacate Order to Remedy Violation, pursuant Section 100-121A. Provisions of the Zoning Ordinance Appealed: Articles I, 100-13; II, 100-23A; VIII, 100-80(B) [14] & [15]; XIV, 100-144~A) I2] (B); XI, 100-118. Location of Property: East Side of New Suffolk Road, New Suffolk, NY; County Tax Map No. 1000- 117-5-28 & 29. A.A. wickham, the building to Article XII, 8:25 p.m. Application of PHILIP FRUMENTI, 3825 Stars Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission ~o cons~ruc~ carport in the frontyard area, at 3825 Stars Road, East Marion, NY; County Tax Map Parcel No. 1000-022-06-026. 8:30 p.m. Application of JACK AND LEE LEFKOWITZ, (F.J. Christie, ~nd wife, owners), 25 Downing Avenue, Sea Cliff, NY 11579 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct one-family dwelling with an insufficient frontyard setback, at premises located on a private right-of-way off the north side of Summit Drive, which premises also fronts along the south side of Sound Beach Drive, Mattituck, Cp~. Kidd's Estates Part of Lot 11; County Tax Map Parcel No. 1000-106-01-042.1. 8:35 p.m. Application of JOHN ANTONIOU, 155 East Road, Matti- tuck, NY for a Variance the Zoning Ordinance, Article III, Section Pgge 3 - Legal Notice of Hearings Regular Meeting of July ~f, 1983 Southold Town Zoning Board of Appeals 100-~4 for permission to construct deck addition with An insufficient frontyard setback, at 155 East Road, Mattituck, NY; Cpt. Kidd's Estates Map 1672, Lot 111; County Tax Map Parcel No. 1000-106-03-009. 8:45 p.m. Application of HENRY AND VIRGINIA STEINBRECHER, 1525 Haywaters Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for permission to construct addition with an insufficient frontyard setback, at 1525 Haywaters Road, Cutchogue, NY; Nassau Point Subdivision, Section D, Map 806, Lot 333; County Tax Map Parcel No. 1000-111-4-12. DATED: JUNE 30, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN For further information, please contact Linda Kowalski at the Southold Town Hall 765-1809 (or 1802). Copies to the following on or about July 11, Mr. Alfred J. Terp Mr. Thomas Kennedy Mr. Garrett A. Strang Mr. Robert W. Gillispie, III Southold Equities, Inc. - Loretta DiMaggio, Street, Massapequa Park, NY 11762 Mr. and Mrs. David Pascoe Ablgail A. Wickham, Esq. for Rok~'s Marina Mr. Philip Frumenti Mr. and Mrs. Jack Lefkowitz Mr. John Antoniou Mr. and Mrs. Henry Steinbrecher Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Supervisor Town Board Members Z.B.A. Members Building Department Planning Board Town Clerk Bulletin Board 1983: President, 390 Rose FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL No .......... ~ To .............................. p ..... ............ ~,'q ......... l i'~'5'3'" · b:. ~'!~..~.~C..{. Y....(.~,.~ ~ ~ ..... ~'~.. pe~it to construct at Location oE Property .......................................... ~ .................... Ho~ No. ~ ~ ~ St~t ~ ~ H~t Count~ Tax Map No. 10~0 Section .............. Block .............. Lot ..: ........... ....... ..... is returned herewith and disapproved on the following grounds..~(-.w.( ~. ?...t.g.. ~yq ~ ....... ~,~... ~.~ ~:... ~ ~ ?. ,.w~.~ ..... g.'[...q?~ ~. 51.. ?'. 57... q'~.(?.}. A~r .~.~ .................................................................... RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N,Y. 11971 TEL.: 765-1803 Examined ................. ~9 ... Approved ................. 19... Permit No ............ Disapproved¢JJc~.~....~..%q-....o~... 5...~.'..a~....~.....~rJ ~ Application No .................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ..~. a. This application must be completely filled in by Wpewriter or in ink and submitted to the Building Inspector, with 3 sets 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 adjotning premises or public streets or areas, and giving a detailed description of layout of proper~y must be drawn on the diagram which is part of this appli- cation. c. The work covered by tiffs application may not be commenced before issuance of Buil~ding Permit. 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 until a 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 a~ees to comply with all applicable laws, ordinances, building code, housing code, and regulation_s_, and to admit authorized inspectors on premises and in building for necessary inspe~ ~ -~g~ (Signature of applicant, or name, if a corporation) · ...... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, en~neer, general contractor, electrician, plumber or builder. Olgner Name of owner of premises David & Bonnie Pascoe (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 ..................... 1. Location of land on which proposed work wil/be done .................................................. 900 Haywaters Road Cutchogue House Number Street Hamlet County Tax Map No. 1000 Section 111 Block 3 Lot 6 Subdivision..N.a.s.s.a.u..P.o.5~..t..P~..o.p.e.r~..i.e.s ............ Filed Map No. ?63 Lot 11 (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Pri~ate House b. Intended use and occupancy Private House 3. Nature of work (check which appn~able): New Building .......... Addition .......... Alterati~n66 ........ Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cost $/~00o00 Fee $~-5.00 (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units 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: Front ............... Rear ............... Depth'' Height ....6..ii).: ....... Number of Stories .......................................... ~ ............ 9. Size of lot: Front . .~...9.0~. ~: ^.. ~^^,,. .... Rear....9.0. ~: ............. Dep~th .... .~.2.5...: ........... 10. Date of Purchase . .l:J.e.e.em. ?.e.r..z:..~.~.~.x ............Name of Former Owner ...o.o.r~.. ~.e.m~..?.y ............... 11. Zone or use district in which premises are situated ..................................................... 12. Does proposed constructiO~oViOlate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises .................... Address ................... Phone No ................ Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. ATTAOHEI) STATE OF NEW YORK,_ = o ....'-~O.O f.~...L.,...~..O.S £.D?-...~. ................ being duly:sworn, deposes and says tha!She is the applicant (Name of individual szgning contract) above named. He is the ..................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the sa~d work and to m.ak¢ an¢ file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ........................ day of .... .'~/..ct..n-)..~-~. ......... 19... Not dry Public,..~7~.~ C<(~.j~.. ~f/d~c~..~kff~.. ..... ~ ~..q~...~.. '..~..~ I~OTA~¥ PUBLIC, State el I~/ew Yorli ' '" ' ............ No. 52-4524771 (Signature of applicant) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APP A' .... 1 (We~ David & Ronuie Pascoe ~ 900 Haywaters Road ~ . Name o{ Appeltar¢ ..- '. - :.~ ,~' ~n '; St~e6t .and Number ~tcho~ec ' New Tork ......................................................................................................................... HEREBY APPEAL TO Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE .BUILDING INSPECTOR ON APPLICATION FOR PERMIT' NO ........... ~ ...................... DATED Jane l&, 198~ WHEREBY THE BUILDING iNSPECTOR DENIED TO David F. Pascoe Name of Applicant for permit of 900 Haywaters Road Cutchogue, New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Permit to erect 6 foot fenc'e - 1.LOCATION OF THE PRORERTY . · Haywaters Road .............................................................................. Street Use District on Zoning Map 763 ii Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section. Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ART III, 100 - ll9B 3. TYPE OF APPEAL Appeal is made herewith for (1/~' A VARIANCE ro the Zoning Ordinance or Zoning Map ( ") A"VARIANCE 'due to lack of access (State of New York Town haw Chap. 62 Cons. Laws Art:'i 6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ¢fqlii~:(l~Os not) beenr made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppec was ( ) request for e special permit ( ) request for a variance and was made in Appeal No ................................. Dated ......................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (l/T/ A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the height of the fence if restricted to & feet would not provide: A. P~ivacy and seclusion for the backy~rd of the adjacent property to the south. B. Privacy and screening for the li~ing:.areas.of-the appealing property. The living area faces the back of the adjacent property which has not been landscaped or blended into the existing environment. ChsJ_u 15_uk fences, debris ~nd a frequently used clothesline are-detrimental to the front en~-lronment of the house. C. Both. properties house a dog. Physical separation by a low fence wil~ produce antagonism. If the animals cannot see each other, a less antagonistic relationship wJ. 11 result. 2. The hardship created is UNIQUE and is not shared by all oroperties alike in the immediate vicinity of this property and in this use district because ~ A. The dwelling on the property is set far back' fram'the' road"~nd 'is next to the back yards of the adjacent properties. They could erect an identical fence in same position on their property without a v~riance. The b~ck of the property adjacent to the south has few-windows on this side and it is a seldom used area. The property to the north is we~ screened by natural foliage and barriers. 3. Tl~e Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because A. On the adjacent parcels the fence wo~ld.be permissable inthis location. B. The fence wo~uld not be visible from the road because of the contour of the land. C. The fence proposed is an extension of au already existing natural barrier between the properties. D. Does not restrict any acenic vie~ from either dwelling. E. Wo~ld not restrict access or use of the area from either property. STATE OF NEW YORK COUNTY OF ss Signature Sworn to this ............. l...~. ............................ day ................................................... APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 c:0UTHOLD, L.I., N.Y, 11971 TELEPHONE (516) 766-1809 August 10, 1983 Mr. and Mrs. David Pascoe 900 Haywaters Road Cutchogue, NY 11935 Re: Appeal No. 3147 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3147 Application Dated June 14, 1983 TO: Mr. and Mrs. David Pascoe 900 Haywaters Road Cutchogue, NY 11935 (Public Hearing held 7/28/83) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on July 28, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section ~ ] Request for Variance to the Zoning Ordinance Article III , Section 100-119B [ ] Request for The public hearing on this application was held on July 28, 1983. Upon application of DAVID AND BONNIE PASCOE, 900 Haywaters Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-119B for permission to erect 6' fence which would exceed the maximum-height requirement along the front yard, at premises known as 900 Haywaters Road, Cutchogue, NY; Nassau Point Properties Map 763, Lot 11; County Tax Map Parcel No. 1000-111-03-06. The board made the following findings and determination: By this appeal, appellants seek permission to erect a six-foot high fence from a point along the southeasterly side property line from the front of the existing dwelling structure and extending 100' into the yard area in front of the house. Technically, the yard area in front of the house is deemed by the zoning code to be "frontyard" and Article III, Section 100-119B restricts the height of the fence to be no higher than four feet. The dwelling struc- ture is set back from Haywaters Road approximately 238 feet. If the structure were located approximately 75' from the street/property line, the area where the 6' high fence is proposed would be con- sidered rear yard area, and where a 6' high fence would be permitted without a variance. It is also noted for the record that the neigh- boring residence along the southeasterly side is situated approxi- mately 95' forward of the subject residence, and this similar area would be considered rearyard if they applied for the same project. It is the opinion of the board that applicants have demonstrated practical difficulties in the development of ~is property necessi- tating the grant of the relief requested. In considering this appeal, the board determines: (1) that the variance request is not substantial in relation to the require- ments of the zoning code; (2) that the difficulty cannot be obviated by a method feasible to appellants other than a variance; (3) that the circumstances are unique; (4) that by allowing the variance, no detriment to adjoining properties would be created; (5) that no adverse effects would be produced on available govern- mental facilities of any increased population; (6) that the relief requested will be in harmony with and promote the general purposes of zoning; and (7) that the interests of justice will DATED: August 10, 1983. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN.~ONING OF APPEALS ~ BOARD Page 2 Appeal No. 3147 - DAVID AND BONNIE PASCOE Decision Rendered July 28, 1983 be served by allowing the variance as requested. On motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3147, application of DAVID AND BONNIE PASCOE for permission to erect a six-foot high fence be and hereby IS APPROVED AS APPLIED IN THE SUBJECT APPLICATION filed June 14, 1983. Locatio~ of Property: Nassau Point Properties Lot 11, Map 763; 900 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000- 111-03-06. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. INC. SCALE- 5C)' I~ El' MOkIU M El,IT' ~F_~, Z8,4 ,~U^~NTEED ~ N ur Lqcc' JULY 6,1~1 ~ICK VAN ~UYL. P;C. LAND ~U~V [YOR5 ~J~tEENPORT NEW YORK SUFFOLK CO, HEALTH DEPT. APPROVAL H.S. NO.. STATI~MI~NT OF INTENT THE WATER SIJPI~LY AND SEWAGE DISPOSAL SYSTEMS FOR TI~IS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO, DEPT. OF HEALTH SERVICES, fill ~ .... APPLICANT ~4JFFOLK COUNTY DEPT. OF HEALTH SERVICES -- FOR APPROVAL OF CONSTRUCTION ONLY DATE: H, S. REF~ NO,: ~-JFFOLk CO. TAX MAP DESIGNATION: OlIff. I~CT. BLOCK PCL. ]:x~g:::'ilr:.:,. :''/' 3 6 OWNI~RS OIl:iD: L. NOTICE NOTICE IS HEREBY GIV- EN pursuant to Section 267 of.- the Town Law and the Provi- sions of the Amended Code of the Town of Southold, Regular Meeting and the following Public Hearings will be held by the Southold Town Zoning Board of Appeals at the Southold Town Hail, Main Road, Southold, New York, on THURSDAY, JULY 28, 1983 commencing at 7:30 o'clock p.m. and as follows: 7:30 P.M. Recessed Hear- inS: Appeal No. 3138- AL- FRED .l. TERP. · 7:35 P.M. Application of THOMAS KENNEDY, 120 Log Road, Patchogue,' N.Y. 11772 for a Variance to the Zoning Ordinance, Article IH, Section 100.30(A) tar permis- sion to use property for business purposes, to wit: Video Tape Rental and Equip- ment Sales, at premises locat- ed at 33260 S.R. 25 and 225 Eugene's Road, Cutchogue; Filla Minor Subdivision Map/ 72, Lot 1, County Tax Map Parcel No. 1000-097-02-016.5. 7:40 P.M. Application for ORIENT - EAST MARION PARK DISTRICT, by Garret~ A. Strang, 54655 Main Road, Southold, N.Y. for a Variance to the Floodplain Management Law, Chapter 46, Sections 46-7 and 46-18B for permission to construct sanitary facilities with first floor below minimum required flood elevation level. Location of Property: North Side of Main Road, East Marion, N.Y.; County Tax Map Parcels No. 1000-017-05- 006 and part of 007; 1000-023:2 -part of 001 and 003. 7:45 P.M. Application for RVSS. Inc. (Razmataz), by Garrett A. Strang, Main Road, Southold, N.Y. for a Variance 8'05 P M Applics. tion 195 Youngs Avenue, Southold, N.Y. for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to establish residential and studio use of an existing building in this "R-1 Genera Business" District, located' along the south side of Travel- er Street, Southold,' N.Y.; County Tax Map Parcel No. 1000-61-01-015. f 8:10 P.M.Applicatinn of DA-~ ~ VID AND BONNIE PASCOE, 900 Haywaters Road, Cut- chogue, N.Y. for a Variance to the Zoning Ordinance, Article III, Section 100-119B for per- ~ mission to erect 6' fence which -would exceed the maximum. height requirement along the front yard, at premises known as 900 Haywaters Road, Cut- chogoe; Nassau Point Proper. ties Map 763, Lot 11; County Tax Map Parcel No. I000-111- 03-06. 8:1S P.M. Application for ROKE'S MARINA, INC. by A.A. W ckham, Esq., Mai~l~ Road, Mattituck, N.Y., ap~ pealing a decision of the building inspector to vacate Order to Remedy Violation, ~0 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-Watch- man once each week for ....................... ../. .............. weeks successively, : commencing on the ............. ./.../....~.. ............. day~ .........:,,~ ....................... 1 9.,~...~ ...................... Sworn to be{ore me tNis ................................ day o{ 19..~. CLEMENT j. THOMPSON ~OTAR¥ PUBLIC, State ot t!ew York r4o. 52-9321725 R~idin~ in SuHo~k County ~m~ ~res March 30, 19 ~ Southol~ for a Variance t~ the Fly, lain Management Law, Cheer 46, Sections 46-7 and 46-18B for permission to construct sanitary facilities with first floor below minimum required flood elevation level. Location of Property: North Side of Main Road, East Marion, NY; County Tax Map Pa~, No. 8:30 p.m. Appticatlon of JACK · AND LEE LEFKOWITZ, (F. J. Christie, and wife, owners), 25 Downing Avenue, Sea Cliff, NY 11579 for a Variance to the Zoning Ordinance, Article III, Section ~ 100-31 for permission to County Tax Map Parcels No. construct one-family dwelling. 10i~.017-0~006 and part of 007; with an insufficient frontyard 1000-023-2-part of 001 and 003. setback, at premises located 7:45 p.m. Application for tOhnea private right-of-way off RVSS, Inc. (Razmataz), by ~..north side of Summit Garrett A. Strang, Main Road, Drive, which premises also Southold, NY for a Variance to fronts along the south side of the Zoning Ordinance, Article Sound ~ Beach Drive, Iii, .Sec. tion~ 1.00-1.12H for . ~Mattiinck, Cpt. Kidd's Estates permxssmn to nevelop and ~ ii Part of Lot I1; County Tax use parking on adjacent . Map Parcel No. 1000-106-01- (leased) property identified as 042.1. ~ County Tax Map Parcel No; i~z ~ 8:35 p.m. Application of 1000-125-01-19.1; 1000-122-6-36. ¥~,. JOHN ANTONIOU, 155 East 7:50 p.m. Application of ~:: Road, Mattituck, NY for a ROBERT W. GILLISPIE !!I, ' ~Variance to the Zoning Main Road, East Marion, NY ~ Ordinance, Article III, Section for a Variance to the Zoning 100-34 for permission to Ordinance, Article VII, construct deck addition with Section 100-71, and Bulk an insufficient frontyard Schedule, for approval of 'setback, at 156 East Road, insufficient area, width and Mattituck, NY; Cpt. Kidd's sideyard setbacks of building in this proposed two-lot division of property located at the northeast corner of Beckwith Avenue and Main Road, Southold, NY; County Estates Map 1672, Lot 111; County Tax Map Parcel No. 1000-106-03-009. ~ · ~ 8:45 p.m. Application of HENRY AND VIRGINIA. STEINBRECHER, 1525 Hay- Tax Map Parcels No. 1000.061- ~ '~ ~waters Road, Cutchogue, NY 02-005, 006, 007. '. ; '~ ~c for a Variance to the Zoning 8:00 p.m. Application for RICHARD DeMARIA, by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct addition with reduction in rearyard setback at 900 Minnehaha Boulevard, Southold, near Laughing Waters; County Tax Map Parcel No. 1000.0ff/~02.006. 8:05 p.m. Application of SOUTHOLD EQUITIES, INC., 195 Youngs Avenue, Sonthold, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-70 for permission to establish residential and studio use of an existing building in this "B-1 General Business!' District, located along the south side of Traveler Street, Southold, NY; County Tax Map Parcel No. 1000-61-01.015, ~'8:10 p.m. Application of~ / DAVID AND BOI~NIE [ PASCOE, 900 Haywaters ~ Road, Cutohogue, NY for a ,~ t Variance to the Zonin i~ ~ ~ Ordinance, Article III, Section4 LEGAL NOTICE ~:~ ] 100-119B for permission to NOTICE IS HERE;B~Y.t ] erect 6' fence which would GIVEN, pursuant to Section, ~ exceed the maximum-height ~7 of the Town Law and the~ ~ requirement along the front rrovisioas of the Amended~ I yard, at premises known as Code of the Town of Southold,! ~ ~00 Haywaters Road, ~o~eg, ula~r .M_eet. i. ng and th~ I Cutchogue; Nassan Point be ~]~n~.u~onc.~.e?r/.n. gs_will~ I Properties Map 763, Lot 11; Zoni~ o~y_ me~ o~u..mola 'l~'ow~ [,- County Tax Map Parcel No. ~ s ooaru ot appeals ar/ ~. 1000-111.034}6. , ~ ~the Southold Town Hall, M~ ~' 8:15 p.m. Application for road, Sonthold, New York, off' ROKE'S MARINA, INC. by THURSDAY, JULY 28, 1~8~ L~A. A. Wickham, Esq., Main commencing at 7:30 o'cloc~ ~ Road, Mattituck, NY, p.m. andas follows: ~,.~ appealing a'decision of the 7:30 p.m. Recasset building inspector to vacate Order to Remedy Violation, Hearing: Appeal No. 3138~ ALFRED J. TERP. i~ 7:35 .D.m. Application '~ THOMAS KENNEDY, 120 Road, Patchogue, NY 11772 for a Variance to the Zoning Ordinance, Article III, Section 100-30(A) for permission to use property for businegl purposes, to wit: Video Tape Rental and Equipment Sales~ at premises located at 33260 S.R. 25 and 225 Eugene's Road, Cutchogue; Filla M/nor Subdivision Map 72, Lot 1; County Tax Map Parcel No. 1(X}0.097.02-016.5. 7:40 p.m. Application for ORIENT-EAST MARION PARK DISTRICT, by Garrett A. Strand, 54655 M~in pursuant to Article XII, Section 100-12IA. Provisions of the Zoning Ordinance Appealed: Articles I, 100-13; II, 100-23Ai VIII, ·100- · 80(B)[14] & [15]; XIV, 100- 144(A)[2](B); XI, 100-118. Location o! Property: East Side of New Suffolk Road, New Suffolk, NY; County Tax Map No. 1000-117-5-28 & 29. 8:25 p.m. Application of PHILIP FRUMENTI, 3825 Stars Road, East Marion, NY for a Variance to the Zoning Ordinance, Article III, SecUon 100-32 {or permission to construct carport in the frontyard area, at 3825 Stars ' Ordinance, Article III, Section 100-31 for permission to ~'~Cconstruet addition with an ~i insufficient frontyard setback, at 1525 Haywaters Road, Cutehngue, NY Nassau Point ~ Subdivision, Section D, Map <'806, Lot 333; County Tax Map Parcel No. 1000~111-4-12. DATED: JUNE 30,19~3. * * ' ~:~;:BYORDEROF .. THE SOUTHOLD TOWN BOARD OF APPEALS '~ GERARD p. GOEHRINGER _ 'i ~' ?CHAIRMAN For further information, please contact IAnda Kowalski at the Southold Town Hall 765- 1809 (dr 1802). 1TJy14-4297 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ~Toart ~. CzLts~;av~o~ of Greenport, in said County, being duly sworn, says that I~/she is Principal Clark 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 n printed copy, has been regularly published in said Newspaper once each week for o~-~ weeks successively, commencing on the 1 4°ch day of ~TU'I y 19 8.% .4707878, Suffolk Cer.'~tr~ ~ Principal Clerk 'n Fxp~res ~arch 30, Sworn to before me thin day of .T~'I ~ 19 JUDITH T. TERRY TOWN CLERK REGISI'RAR OI VITAl. SI \IISII('S OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 June 14, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3147 application Of David & Bonnie Pascoe for a variance. Also included is notification to adjacent property owners; Shoert Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. 'JUN 1 4'1983 TOWH OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUmLD NG NSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. DATE ....................~...~../.~./~. (We) .D..a.~.d....&.....B~..~.?....P?..s.c..o...e ................ ........ of 900 Hay~aters Road ~ Name of Appellc~nt ' .,~' ~ ~ S~re¢~ ~nd Number Cutchogue New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. '-- DATED June 1/+, 1983 WHEREBY THE BUILDING INSPECTOR DENIED TO David F. Paecoe Name of Applicant for permit of 900 Haywaters Road Cutchogue, New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Permit to erect 6 foot fence 1. LOCATION oF THE PROPERTY ' Haywaters Road ~-~o~ Street Use District on Zoning Map 763 ZZ Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) ART III, 100.- l19B 3. TYPE OF APPEAL Appeal is made herewith for · (~'~A VARIANCE to the Zoning Ordinance or Zoning Map A'VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws ~,rt~ 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~l~:(has nbt) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (J~ A Variance to the Zoning Ordinance ( ) is requested for the reason that FOrTh ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the height of the fence if restricted to /+ feet would not provide: A. Privacy and seclusion for the backyard of the adjacent property to the south. B. Privacy and screening for the living, areas~of the appealing property. The living area faces the back of the adjacent property w~ich has not been landscaped or blended into the e~isting en~-lronment. Chain link fences, debris and a ~requently used clothesline are detrimental to the front environment of the house. C. Both properties house a dog. Physical separation by a low fence w~lq produce antagonism. If the animals cannot see each other, a less antagonistic relationship will result. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because ' J A. The dwelling on the property is set far back fr~m 'the ro~d '~nd is next to the back yards of the adjacent properties. They could erect an identical fence in same position on their property without a variance. B. The back of the property adjacent to the south has few windows on t~is side and it is a seldom used area. C. The property to the north is well screened by natural foliage and barriers. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHA~GE CHARACTER OF THE DISTRICT because ]3° ¢. De THE On the adjacent parcels the fence would be permissable int~ts location. The fence would not be visible from the road because of the contour of the land. The fence proposed is an extension of an already existing natural barrier between the properties. Does not restrict any acenic view from either dwelling. Would not restrict access or use of the area from either property. STATE OF NEW YORK SS COUNTY OF Sworn to this ............. l.~..~. ................... day Signoture c,, Notary Public [LIZABETH ANN NEVILLE I~O~RRy' PUBLIC, State of New ¥o~ T~ Exolres March 30, BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter of 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. T~-~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a(~(~arian?~).~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 900 Haywaters Road, Cutchogue, New York 11935 Map No. 763, Lot No. 11 3. That the property which is the subject of such Petition is located in the following zoning district: A-Zone 4. That by such Petition, the undersigned will request the following relief: Permission to erect a 6 foot high fence on the south property line up to 100 feet in front of the exist- lng structure. 5. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100 - 119B 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 regular office hours. (516) T~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on Board of Appeals; that a notice of such hearing must be published at least five days pri hearing in the Suffolk Tim~ and in the Long Island Traveler-Mattituck Watchman, ne~ Town of Southold and designated for the publication of such notices~ that you o£yo$1 right to appear and be hear~ at such hearing. ~ ~ y~ ~ ;atter by the e date of such published in the ntative have the Post Office Address P.O. Box 962 Cutchogue, New York 11935 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS ,. P ,4.43 644 062 O -~ ¢~- ,R;CEIP, FO={ r,'-;Ei:~'~IFIED MAiL O~ ~ ~ ~ ~ ~;, NOT FOR INTERNATIONAL MAIL ~ ~J-/ _~/._,g I ~ ; : '---t~., ~ t ~ "~ ~ ~'~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: O,~--~--~O.~':~ ~,~, , being duly sworn, deposes and says that on the ,L] day - ' ,19 ~3 , deponent mailed a true copy of the Notice set forth on the re- ver~ side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current~ss~smen~ roil of the Town of Southold; that said Notices were mailed at the United States Post Of- ~. ~0~ ~ ~ ; that said Notices were mailed to each of said persons by ~) (registered) mail. Sworn to before me this ~ Notar¢ Public ELIZABDH ANN NO~RY PUBLIC, State 0f New Y~ N0, S2-8~25850, Su~f01k 0 ,SHORT ENVIRON'~ENTAL ASSESSMENT FORM INSTRUCT!05S: (a) In Order to answer the questions in this short gAF is is assumed that the preparer will use currently available inforr, ation concernin~ the project and the likely impacts of the action. It is not expected that additional studiec~ research or other investigations will be undertaken.' (b) If any question has been answered Yes the project may be significant and a (c) If all questions have been answered No it is likely that this project is no.._~t significant. (d) Enviror~mental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . .... * · Yes No 2. Will there be a major change to any unique or unusual land form found on the site? . Yes. ~' No 3. Will project alter or have a large effect on an existing body of water? . · . · · · Yes ~ No &. Will project have a potentially large impact on gro,~ndwater quality? · .... · · Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? · · · · · · · Yes X No 6. Will project affect any threatened or endangered plant or animal species? . . · · · . · Yes ~ No 7. Will project result in a major adverse effect on air quality? · · · · · · · · .. Yes ~ No 8. Will project have a =mJor effect on visual char- acter of the co~munity or scenic views or vistas known to be important to the community? · · · -- Yes ..X No 9. Will project adversely impact any site or struc~- ute of historic, pre-historic~ or paleontological importance or any site designated as a critical environmental area by a local agency? · · · Yes ---- No 10. Will project have a major effect on existing or future recreational opportunities~ · · · -- Yes No ll. Will project result in major traffic problems or cause a major effect to existing transportation systems? · · * · * · * * * * * Yes .~ No 12. Will project regularly cause Objectionable odors~ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? · Yes ~ No 13. Will project have any impact on public health or 1h. Will project ~ffect the existing community by directly causing a ~rcwth in nermanent popula- tion of more than ~ percent o~er a one-year period or have a ma~or n~ve effect on the charact~-~co~.muni~ neighborhood?.. Yes 15. Is there~ ''' ~ ~ / ~ollc c~nq~e~sy/concerning the project? Yes No PREPARER, S 97L/78 (~ocay s Dana) To: Southo!d Town ~ ~ - ooa_~ of Appeals blain Road Southo!d, NY 11971 Re: Appeal Application of Location of Property: 9DO f-/~y~fTfS ~. Dear Sirs: re-e.~nc~ to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property iQ the within appeal application: (please '~ cn .... one box) [ ] May be located within 300 feet of tidal wetlands; however constructed alcn? the ~ ~- ~ ' ~a~~ ly_.~g edge of this property is a bulkhead in very good conditicn and at least 100 feet in length.* [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructed along the water-lyinc edge of this ~ ~ ~l' ~ ~ _ ~-ore.~ is a bu~kR~ad in need of (m_~o.) (major) repairs, and approximately feet in length. - [ ] [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. bIay be located '=' · wm=nzn 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on ~h~ r~ p ..... sec. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [ ~ar~ed items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.§. D.E.C.] Sincerely yours, YSfgna'~ura please) NOTE: If proposed project falls witx~in D.E.C. jurisdiction, approval must be received an~ submit{dd to Our office before your application can be scheduled for a public hearing. ......... ..~....!._~.. ~ .. ...' . ...:.~. .'.~ - ..