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HomeMy WebLinkAbout3051CAR~E S~ANNETTE GOLDEN #3051 1445 Bay Shore Rd., Greenport 11/18/82 approval of the existing pool and deck con- taining lot coverage in excess of maximum permitted 20%. 53-4-4 Southold Town Board of Appeald MAIN ROAD-STATE ROAD ~5 SOUTHOLD. 1.1.. N.Y. ]1~?} T~c..4..F-SJ3 J~EJ.J~ 5(.5(.~ 6 )765-1809~.__ ACTION OF THE ZONING BOARD OF A 'zPk EIVED AND FILED B'f October 19, 1982 Appeal No. 3051 Application Dated TO: Abigail A. Wickham, Esq., as Attorney for Mrs. Annette Goldan C~rnes Main Road, Box 1424 Mattituck, NY 11952, At a Meeting of the Zoning Board of Appeals held on November 18, 1982 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 III , Section 100-31 [ ] Request for The public hearing on this application was also held on November 18, 1982. Upon application for ANNETTE GOLDEN CARNES, 1445 Bay Shore Road, Greenport, NY (by A.W. Wickham, Esq.) for a Variance to the Zoning Ordi- nance, Article III, Section 100-31 for approval of the existing pool and deck containing lot coverage in excess of the maximum-permitted 20%. Location of Subject Parcel: 1445 Bay Shore Road, Greenpo~t, NY; Subdi- vision Lots 22, 23 and part of 21, as shown on "Amended Map A of Peconic Bay Estates"; County Tax Map Parcel No. 1000-053-04-004. The board made the following findings and determination: By this application, appellant seeks approval of the construction of an attached deck and inground swimmingpool as shown on amended map of December 29, 1980 surveyed by R. VanTuyl. For the record, the facts leading up to this appeal are mentioned in a prior decision of this board concerning this construction in Appeal No. 2997, decision rendered July 29, 1982. The parcel in question is 19,780 square feet, and the total area of the structures on the parcel as presently exist equals 5,102 square feet, for a total percentage of lot coverage of 25.79%. It is the opinion of this board that under the circumstances, practical difficulties have been shown; that the relief requested is not substantial in relation to the code requirements; that by allow- ing the variance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that in view of the manner in which the difficulty arose and in consideration of all factors, the interest of justice will be served by allowing the variance, as indicated below. On motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, that the relief requested in Appeal No. 3051, applica- tion for ANNETTE GOLDEN CARNES, be and hereby IS APPROVED SUBJECT TO PRIOR CONDITIONS OF PRIOR APPEAL NO. 2997 AND COUNTY PLANNING REVIEW (PURSUANT TO SECTIONS 1323, ET SEQ. OF THE SUFFOLK COUNTY CHARTER. Vote of and Sawicki. unanimously adopted. the Board: Ayes: Messrs. Goehringer, Doyen, Douglass, (Member Grigonis was absent.) This resolution was DATED: Decembe~ 13, 1982. /CHAIRMAN, SOUTHOLD TOWN~f~NING BOARD OF APPEALS Form ZB4 (rev. 12/81) Sol,hold Town oard of Appearl$ MAIN RDAD- C~TATE: F~QAD 25 ~OUTHDLD. LI.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P_ GOEHRINGER. CHAIRMAN CHARLES GR{GONIS, JR. SERGE DOYEN. JR. ROBERT J . DOUG LASS NOTICE IS HEREBY GIVEN, pursuanu to Section 267 of the Town Law and the Provisions of the _Amended Code of the Town of Southold, a Regular Meeting and the following public bearings will be held by the Southold Town Board of Appeals at a Town Hall, Main Road, Southold, NY on Thursday, November 18, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of AGNES D. McGUNNIGLE, 52A North Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A(1) for permission to create additional living unit within one-family residence locaued in an "A" Zone and more parti- cularly identified as 57185 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-2-2. 7:35 p.m. Application for HOWARD H~4RE & wife, by Robert W. ~illis~ie III as agenu, North Road, Box 1112, Southold, NY for a Variance for approval Of access, New York Town Law, Section 280-a over a private right-of-way known as "Paradise Shores Road," Southold. Location of Parcel in Question: 950 Paradise Shore Road, Southold; County Tax Map Parcel No. 1000-080-01-027. 7:40 p.m. Application of J & M REUTER CONSTRUCTION CORP., 9075 Main Bayview Road, Southo!d, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission uo.construcu new dwelling with insufficient front and rear yard setbacks at 2585 Gillette Drive, EaSt Marion, NY; County Tax Map Parcel No. 1000-38-3-17. 7:40 p.m. Application of J & M REUTER CONSTRUCTION CORP., 9075 Main Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard seubacks au 2705 Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-38-3-18. 7:50 p.m. Application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70B(4) and 100-71 for permission to construct addition to the existing gas/service station' with reduction in frontyard area mn Page 2 Legal Notice of Hearings Southold Town Board of Appeals Meeting to be held November 18, 1982 this B-t Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. t000-097~02-015. 7:55 p.m. Application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VIi, Sections 10~0BC4) and t00-7~ f~3r pe~tissio~ t~c~ns~ct~ addi~ion- to the existing gas/service station with reduction in frontyard area in this B-t Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel NS. 1000-097-02-015. ~ 8:00 p.m. Application for ANNETTE GOLDEN CARNES, 1445 ~ay Shore Road, Greenport, NY (by A.W. Wickham, Esq.) for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31, for approval of the existing pool and deck containing lot coverage in excess of the maximum-permitted 20%. Location of Subject Parcel: 1445 Bayshore Road, Greenport, NY; subdivision Lots 22, 23 and part of 21 as shown on "Amended Map A of Peconic Bay Estates"; County Tax ~ap Parcel N6. 1000-053-04-004. 8:10 p.m. Application of LEANDER B. GLOVER, JR., Cox's Lane, Cutchogue, NY (by R.F. Lark, Esq.) for a Variance ~o the Zcning Ordinance, Article ~X, Section 100-93 for permission to se~ off property leaving a parcel with insufficient area and width in this C-1 Zoned District. Location of Property: Cox's Lane, Cutchogue, NY; County Tax Map Parcels No. 1000-083-03-004 & 004.001. 8:1~ p.m. Application of A. BODENSTEIN & wife, by Garrett A. Strang as agent, 54655 Main Road, Box 1412, Southotd, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct resail store with insufficient sideyard areas on this substandard parcel located in this B-1 Zoned District. Location of Subject Parcel: 31855 S.R. 25, Cutchogue, NY; County Tax Map Parcel No. 1000-97-5-10. 8:20 p.m. Application for EAST END SUPPLY CO., INC. by Irving L. Price, Jr., Esq. as agent, 828 Front Street, Greenpor~, NY for a Variance to the Zoning Ordinance, Article VIII, Section 100-81, Bulk Schedule, for permission to construct warehouse in this "C-Light Industrial" Zonad Distric~ with insufficient front, rear and side yards as shown o~ building plans accompanying the appeal applica- tion. Loc~tion of Property: South side of Corwin Street, Greenport, NY; County Tax Map Parcels No. 1000-48-2-2 & 3. Dated: October 30, 1982. BY ORDER OF ~HE SOUT~OLD ~ BOARD OF APPEALS Gerard P. Goehringer Chairman By Linda F. Kowalski, Secretary Page 2 - List of Mailings Legal Notice for November 18, 1982 Southold Town Board of Appeals Copies to the following on or about Monday, November 1, 1982: Mrs. Agnes D. McGun. nigle Peter Costigan, Esq. for Mrs. McGunnigle, 105 Main St, Port Jf Sta 1177~ Gl~ispme, I~ as age~t fo~ Hdward HaSte and wif~ .... ~ Mrs. Margery ~. Burns Re: Howard Hamre Mr. Jerome Reuter, J & M Const. Corp., 9075 Main Bayview Rd, Mr. Allen Ovsianik, Main Road, Box 485, Cutchogue, NY 11935 Mr. Lance Larsen, North Road, Southold, NY 11971 ~{rs. A_nnette Golden Carnes, 1445 Bayshore Road, Greenport, NY attorney for Mrs. Carnes - . Esq. as ~Abiqail A. Wickham, Mr. Leander B. Glover, Jr., Cox's Lane, Cutchogue, NY Richard F. Lark, Esq. as attorney 11944 Mr. Garrett A. Strang as agen5 for A. Bodenstein and ~ifq Box 1412, Southo!d, NY Mr. Walter H. Burden, Jr., Frent St., Greenport, NY (East End Supply) Irving L. Price, Jr., Esq., 828 Front St., Greenport, NY 11944 Mr. Victor Lessard (Building Department) Town Clerk Bulletin Board Suffolk Times (personal delivery) L.I. ~Traveler-Watchman (personal delivery) ZBA board members ZBA individual files FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ~.~-d~.~<'..~..d, . . .~. '~ , 19 ~. House No. ~ S~eet / ~~amlet ,~. c~ ...... -. ~,.~:e.. ~... ~ ..................... ~. ...... ,.. FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE ~OUTHOI~, N. Y. 19...~..~.r. Permit No. APPLICATION FOR BUi~.DING PERMIT INSTRUCTIONS i a. This application must be completely filled in by typewriter or. in ink and submitted in triplicate to the Building Inspector, with 3 sate 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 public streets os ~reas, and giving a detailed description of layout ofproperb/must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit:to the applicant. Such permit ~hall 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 o Certificate of Occupancy _~hall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant Jo the Building Zone Ordinance of the Town of Sou(hold, Suffolk County, New York, and other applicable Lows, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, ~nd regulatipns, and to admit authorized inspectors on pr&misbs and in buildings for n~esso/~7'~spectien,~ ..... ~ ............ ...x~....Z.~:..~.....~....... ~...~....~ ............. ~:. ...... ~.Signature of a~_licant, o~%-dme, if o c,~poratlon) ' ........ ................ ....... applicant is owner, lessee~architect, engineer, general contractor, electrlcion, plumber or builder. State ~m, of o~ of p~,e, ..... ~.~:.~.~..Z..Z...~ ............. ~.f~..~..~9.[~Qi~:: ............................................ if applicant is a co~orate, sigq~ture of duly authorized officer. (Name on~J title of corporate officer) Builder's License No .................. .?...-]..:~........-/~....! ......... .~- q-~ ~ Plumber's License No ................................................. Electrician's License No ............................................ 'Other Trede's License No ........... _k..~....¥...! .................. 1. Location of land on which proposed work will be done. Map No.: Street and Number ..J...q.,.~..~......?.~..~.?....~..~..4,.O...~..~. ....... .,r'.-z.,"~' ....... ..~..?:~..~..~..-~...r~..?O._..~:..?...... ............................................. Municipality State existing use and occupancy of premises and intended use end occupancy of proposed construction: o. Exisiting use and occupancy .................................................................................. : b. Intended use and occupancy ...... ~...~....~!.~..~..LL.~....~q...../~..?..q.%.....Z~./..~.~.....{.~..6..Z~.~.Y.~:::.?...~M./..~b~L~ ..... FZx2[LB IT A 4. Estim~ated Cost ........ . . Fee 5. If dwelling, number of dwelling units ............................ Number of dwelling units oi~ each floor ................... If garage, number ~f cars ..................................................................... ~ .............................................................. 6. If business, commercial or mixed occupancy, specify_nature and extent of each type of use ........................ 7. Dimensions of ex, isting structures, if any: Front ............. ~....~]. ....... Rear ......~-?... ..................... '~ Depth .....~..~ .......... Height -/--~ Number of Stories ' ~q- ' Dimensions of some structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height ........... ~; .............. 7~.'Number of Stories .......... '~'"1~ ............. 8. Dimensions of entire new construction: Front ........ .z..." .................... Rear ........................... Depth ........................ 9. Size of lot: Front .................. ].]] ......... ./../..~.'~.. ............. Rear tO-. D~te of Purchase ....................................................... Name of Former Owner ........................................................ J 1. Zone or use district in which premises are situated ............... ..~....~,~...~.. ........................................................................ 12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be regraded ..............~..~ ....... Will excess fill be removed from premises: (~ Yes ( ) No Name of Owner of premises .................................................... Addres~ ................................ Phone No ............ Name of Architect .............................................................. Address ........................... ;... Phone No ....................... ~ame of Contractor ................... ]] ........... ~ .......... : .............. Address ................................ Phone No ....................... PLOT DIAGRAM ' . Locate clearly and distinctly all buildings, whether existing or proposed, oncl 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 corner lot. ~ r3x ~/~ ~-I o fL_~, ~ ~ PER~/.IT INCLUDES APPP, OVAL -"' TO REMOVE EXCESS FILL ~1~ FP, C'M ABOVE PREMISES BY .~ . -- REGRADING LOT- . ...... - DI~IVEWAY CChNSTRUCTION - ' '' CESSPOOL CONSTRUCTION STATE OF NEW' Y. ORI~,-= ,~. · ' ~ ~q- ~'x~'-I ~- ~ k--~'-~ ~ ~ \"[ f~ beinn duly sworn, deposes and soys that he is the applicom (Name of individual signing contract0 above named. (Contractor, agent, corporate officer, eta_) of. said~ ~ own~.,., or owners, and is duly authorized. . to perform or have performed the said work and to make and file' tMs ~pphc~hc~; that all statements contained m this application are true to?he best of his knowledge and belle[; and tha~ fhe~prk ~ill be performed in the manner set forth in the applic, ation fil~ .therewi}~iT) · Swam ~ro-b~foge methis [ ]'/J (/ ~ ' (Signature of applicant) '~'TOWN OF $O~THOLD, NEW YORK~' ~'~n e.~[~ ~'~.~[~'RE FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ....~q.~.~.~..,..C-~'k..Q~z~ .................... of .~,~,5..~y..Sb,c~e..t~:~d .................................... Name of Appellar~t Street and Number Municipali~ ...~...e~...~9.~ ......... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OFTHEBUILDING INSPECTOR ON .................................... ............ ( ) ( ) · (X) · ..2,~.ZC~TTI ~,..I¢I~ ........................................ Name of Applicant for permit of ..... .~..n......R:~....a.,....~....x....% ,L2..4.,..,~..~.~.'. ~.u~ ....................... ~..~.~r..k. ........................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY t~zTmit to occupy additic~ ]. LOCATION OF THE PROPERTY ....Ba.y..Shora.,Road ...... .~¢',..eP.~.i~ .~.7......3L ............................. Street ~ Use District on Zoning Map ...'7.Azr~r,_ded._'~ap..A..~...~eccrti..~c..Babr..~s.ta.tes...~2L124 -Iots 22~23 and S/p/o Lot 21 Mop No. Lot No. Dist 1000 - Sec 053 - Blk 04 - lot 004 section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance,) Dafticle III. Section 100--31 and b;~lk ~b~u]~ 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map PROVISION IS) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsectio~ 3 4. PREVIOUS APPEAL A previous appeal (has) (Ix~ been made with respect to this decision of the Building Inspector or with respect to this property. Such aDDea] was ( ) request for c special permit 0C~) request for a variance and was made in Appeal No...2..9..9.7. ....................... Dated ..])~Z...2...~.~....~...8..2. ........................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that a~p~_cc~nt r~res a Ce~ifi~t~c.~ of, Oocu~n~c~ for pool ~nd deck as shcwn ca the at~ach~d ~ap by Van %%1;1 dated December 29, 3380, ccn~s~ning excess lot coverage of approximately t~enty fi~e (25~) per cent. (Continue on other side) Southold Town Board of Appeals MAIN ROAD- STA"rE ROAD 25 50UTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN October 21, CHARLES GRIGONIS, JR S. E. Q. R. A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance 1982 APPEAL NO.: 3051 PROJECT NAME: Annette Golden Carnes This notice is issued pursuant to Part 617 (and Local Law #44-4) of the implementing regulations pertaining to Article 8 of the State Environmental Quality Review Act of the Environmental Conservation Law. This board determines the within project not to have a significant adverse effect on the environment. Also, please take 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: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for excessive lot coverage of deck and pool as constructed. LOCATION OF PROJECT: Town of Southold, County of particularly known as: 1445 Bayshore Road, Greenport, 1000-053-04-004. Suffolk, more NY. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the Short Form has been sub- mitted which indicates that no significant adverse effects to the environment are likely to occur should this project be implemented as planned. (2) Correspondence from the N.Y.S.D.E.C. dated June 2, 1982 affirms compliance of DEC conditions of stipulation agreement. FOR FURTHER INFORMATION, PLEASE CONTACT: Mrs. Linda F. Kowalski, Secretary, Southold Town Board of Appeals, Main Road, Southold, New York 11971. Telephone: (516) 765-1809. Copies of this notice sent to the applicant(s) or agent(s) and other involved agencies [if any~ and posted on the Town Clerk Bulletin Board. COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE I[. KOPPELMAN DIRECTOR OF PLANNING Town of Southold Board of Appeals July 21, 1983 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications 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 Municipal File Number Annette Golden Carnes Richard E. Sullivan John Grigonis Henry Pierce John & Janet Flowers 3051 3107 3116 3123 3128 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHOLD, 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 III , Section I00-3I Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 305I Applicant: ANNETTE GOLDEN CARNES Location of Affected Land: I445 Bay Shore Ro~d, Greenport County Tax Map Item No.: 1000-053-04-004 Within 500 feet of: Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary)Pipes Cove 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 Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airpgrt. COMMENTS: Applicant b~~permission to have existin~ pool and deek containing lot coverage in excess of the maximum-permitted 20%. Copies of Town file and related documents enclosed herewith for your review. Dated: ~o1~ /~,/~ ~.S~~ of~ApPeal~s~' APPEALS BOARD MEMRFRS GERARG P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR SERGE DOYEN, JR ROBERT J. DOUGLASS JOSEPH H, SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 December 14, 1982 Abigail A. Wickham, Main Road, Box 1424 Mattituck, NY 11952 Esq. Re: Appeal No. 3051 - Annette Golden Carnes 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 Mrs. Annette G. Carnes GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary Ragul~:ory Affairs ~nit Building 40, SU~ Stony Brook, K~ 11794 516-751-7900 .Im~e 2, 1982 Hrs. Annette Colden Carnes 242 West 22nd Street New York, M 10011 Nicholas and Annette Cannes - Construction of s~i~aing pool and deck (Application 10-81-0270) Dear · hi8 is to acknowledge your recent letter regarding the above refer- anced ~atter advising I~/SDEC of the purchase and plantinE of Rosa Rugosa in a 18' ~lde buffer between the deck and Pipe's Cove. By ~-ans of th!~ letter ~SDEC affir~ that the conditions of the stipulation a~ee~ent have be~ completed ~d that no further ~ti~ is req~r~ by the ~S~C ~th respect to t~ ~ol ~d deak. Robert ~. Thurber lenior Environmental Analyst CTH:RNT:ll cc: A. Wickham/ For: Charles T. Hamilton Alternate Regional Permit Administrator [] ./ "°' Z~ ~4 I 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 Seuthold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at a Town Hall, Main Road, Southold, N.Y. on Thursday, November 18, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of AGNES D. McGUNNIGLE, 52A North Road, Southold, N.Y. for a Variance to the Zoning Ordinance, Article II1, Section 100-30A (1) for permis- sion to create additional living unit within one-family resi- dence located in an' "A" Zone and more particularly identi- fied as 57185 C.R. 48, Green- port, N.Y.; County Tax Map Parcel No. 1000-44-2-2. 7:35 p.m. Application for HOWARD HAMRE & wife, by Robert W. Gillispie III as agent, North Road, Box 1112,, Seuthold, N.Y. for a Variance for ~pproval of access, New York Town Law, Section 280-a over a private right-of-way known as "Paradise Shores Road," Southold. Location of Parcel in Question: 950 Para- dise Shore Road, Southold; County Tax Map Parcel No. 1000-080-01-027. 7:40 p.m. Application of J&M REUTER CONSTRUC- TION CORP., 9075 Main Bay- view Road, Seuthold, N.Y. for a ~ariance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct new dwelling with insuf- ficient front and rear yard set- I~ck~,,~t 2585 Gillette Drive, chogue~ N.Y.; County Tax Map P~rcel No. 1000-097-02- 015. ~ 8:00~/,p.m. Application for~ /ANNETTE GOLDEN CAR- } [NES, 144S Bay Shore Road, J Gr~enport. N.Y. (by A W } Wiekham Esq.) for a Variancd : to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31, for approval of the existing pool and deck contain. ing lot coverage in excess of the maximum-permitted 20%. Location of Subject Parcel: 1445 Bayshore Road, Green- port, N.Y.; Subdivision Lots 22, 23, andpart of 21 as shown on "Amended Map 'A of Peconie Bay Estates"; County Tax Map Parcel No. 1000-053'- J 04-004. ~' 8:10 p.m. Application of LEANDER B. GLOVER, JR., Cox's Lane, Cutchogue, N.Y. (by R.F. Lark, Esq.) for a Variance to the Zoning Ordin. ance, Article IX, Section 100. 93 for permission to set off property leaving a parcel with insufficient area and width in this C-I Zoned District. Loca- tion of Property: Cox's Lane. Cutchogue, N.Y.; County Tax Map Parcels No. 1000-083-03- 004 & 004.001. 8:15 p.m. Application of A. BODENSTEIN & wife, by Garrett A. Strong as agent, 546SS Main Road, Box 1412, Seuthold, N.Y. for a Variance the Zoning Ordinance, Article COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patr:,cio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid. in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Zraveler-Wotch- / m~ once each week for ........................................ weeks succes~ively, common¢ing on the .................................... ............. Sworn to before me this ) doy of .............. ...... , Legal Not .es LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Cede of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at a Town Hall, Main Road, Southold, NY on Thursday, November 18, 1982 commencing at 7:30 p.m. and as follows: 7:30 p.m. Application of AGNES D. McGUNNIGLE, 52A North Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A(1) for permission to create additional living unit within one-family residence located in an "A" Zone and more particularly identified as 57185 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000~44-2-2. 7:35 p.m. Application for HOWARD HAMRE & wife, by Robert W. Gillispie III as agent, North Read, Box 1112, Southold, NY for a Variance for approval of access, New York Town Law, Section 280-a over a private right-of-way known as '*Paradise Shores Road," Sou~'~old. Location of Parcel i~ uestion: 950 Paradise ,,hore Road, Southold; County Tax Map Parcel No. 1000.080.01.027. 7:40 p.m. Application of J & M REUTER CONSTRUC- TION CORP., 9075 Main Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard setbacks at 2585 Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-3~3-17. 7:40 p.m. Application of J & M REUTER CONSTRUC- TION CORP., 9075 Main Bayview Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient front and rear yard setbacks at 2705 Gillette Drive, East Marion, NY; County Tax Map Parcel No. 1000-38-3-18. 7:50 p.m. Application of ALLEN OVSIAN1K, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70B(4)and 100-71 coverage in excess of the~ for permission to cons.$r.uct addition to the gas/service station .th reduction in frontyard area in this B-1 Zoned District. Location of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 10004)97- 02-015. 7:55 p.m. Application of ALLEN OVSIANIK, Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article VII, Sections 100-70B(4) and 100-71 for permission to construct addition to the existing gas/service station with reduction in frontyard area in this B-1 Zoned District. Loca- tion of Subject Parcel: Corner of S.R. 25 and Eugene Road, Cutchogue, NY; County Tax Map Parcel No. 1000-097-02- ~Ai':00 p.m. Application for'~ NETTE GOLDEN CARNES. 1445 Bay Shore Road, Greenport, NY (by A. W. Wickham, Esq.) for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31, for approval of the existing pool and deck containing lot maximum-permitted 20%. ~ Location of Subject Parcel: 1445 Bayshore Road, Greenport, NY; Subdivision Lots 22, 23 and part of 21 as shown on "Amended Map A oi Peconic Bay Estates"; Coun- ty Tax Map Parcel No. 1000- 8:10 p.m. Application of LEANDER ~ GLOVER, JR., Cox's Lane, Cutchogue, NY (by R.F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to set off property leaving a parcel with insufficient area and width in this C-I Zoned District. Loca- tion of Property: Cox's Lane, Catchogue, NY; County Tax Map Parcels No. 1000-083-03- 004 & 004.001. S: 15 p.m. Application of A. BODENSTEIN & wife, by Garrett A. Strang as agent, 54855 Main Road, Box 1412, Southold, NY for a Variance to the Zoning Ordinaries, Article VII, Section 100-71 for permission to eanstruet retail store with insufficient sideyard areas on this substandard parcel looated in this B-1 Zoned Distriet. Lo- cation of Subject Parcel: 31855 STATE OF NEW YORK ss COUNTy OF SLrFFOLK : ANNETTE GOLDEN CARNES, being duly sworn, deposes and says: 1. I am the owner of premises at 1445 Bayshore Road at Arshamomoque, Greenport, Town of Southold, Suffolk County, New York. 2. In February of 1980, I consulted Irving Falk of Holiday Pools, Inc. regarding the construction of a swimming pool and fence at my residence on Pipes Cove, an arm of Peconic Bay. The pool was to be located on the south- easterly side of the property, bayward of the residence, approximately 45 feet from the shore line. I instructed Mr. Frank Messina, who was retained by Holiday Pools, Inc., ~o proceed and he advised me that he would apply for a building permit as the first step. 3. On March 24, 1980, Building Permit #106652 was issued and in May of 1980, construction commenced. A copy of the application and building permit are attached hereto as Exhibit A. 4. During the summer, I decided that the pool would be more attractive and safer with more deck area surrounding it. After consultation with my builder, Craig R/chter of R & R Home Construction, I authorized Mr. Richter to modify the deck plans. Mr. Richter told me the building permit would h~ve to be amended. He submitted a revised sketch to the Building Department on July 25, 1980 showing deck and fencing attached to the existing decking in fronl of the residence (E~ibit B). On July 25, 1980, the Building Department approved the 'amendment by ko indicating on the sketch, and construction of the expanded deck area progressed. 5. On August 26, 1981, application for a certificate of occupancy -1- was made to the Building Department. A building inspector made an inspection of the pool area that day and indicated that the only remaining requirement would be to install self-closing mechanisms on the gates in the ience, so the~ gates to the pool could not remain open while unattended. 6. On August 27, 198~ another building inspector inspected the site, and then revoked the building permit on the grounds that the attached pool and deck area required a variance for insufficient side yard, and the ~mended building permit had been issued in-error, as shown by letter attached as Exhibit C. 7. On August 27, 198~, an order to remedy violation was issued by the Southold Town Building Department, a copy of which is attached as Exhibit D. The building inspector explained to me that originally the pool was considered an accessory structure and a ~hree foot setback from the sideyard was permissible. However, when the building permit was amended in July to include a deck attached to the pool and the existing house, the entire structure should have been considered as part of the dwelling, requirin. a 15 foot setback from the sideyard. Therefore, a variance should have been obtained from the.Zoning Board of Appeals before the amended building permit was issued. 8. On or about August.28, 1980, I submitted an application for a variance to the Zoning Board of Appeals of the Town of Southold for approval of insufficient sideyard area. 9. On or about August 30, 1980, I received a letter dated August 29, 1980, from the Chairman of the Zoning Board of Appeals informing me that my property appeared to fall within the jurisdiction of the Ne~ York Department of Environmental Conservation, and that a determination from the Department of Environmental Conservation should be obtained before the Zoning Board of Appeals would process the variance app!icatJ_on. 10. I applied to the Department of Environmental Conservation and have entered into a settlement stipulation which will allow the existing pool ar~ decks to remain, orovided I establish plantings along the shore edge of the pool. The plantings have been installed and aporoved by the Department of EnvLron~_ntal Conservation. 11. I have also applied for and received a variance from the side and rear yard set back requirements of the To~n of Southold. Following the hearing, the Building Inspector visited the site and r _equLred additional fencing and self lockin~ mechanisms, which have all been installed. During the variance procedure, the Board of ~4ppeals discovered that the instant variance for lot coverage was also necessaz~y. 12. Since the construction has been completed pursuant to the building permit issued by Southold Town, I am in the difficult position of requesting a ~ariance for a project which has been virtually finalized. H~ever, I arrived at the circumstance at no fault of ny cwn and do not believe that the requested variance will be a detriment to the nei~dnborhood. I would em~rience extreme financial hardship ~f the variance is denied. I haw promptly made any changes required by the Building Department. I believe that an ~_nspection of the property will reveal that the design, work~mnship and landscaping enhances the property. Sworn to before ~e this · ~'~ day of September, 1982. Notaz-y Public Notary Pub;c, State of New York Annette ~den Carnes TOWN OF $OUTHOLD, NEW YORK DECISION OF BUILDING INSPECTOR APPEAL NO. ,..3~ / APPEAL FROM TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .... ..A~q~..~.e...Gp~-.d..~l...C~-~ ................... of ..~L4AE.B.a,y..Sb, o~ze.~d .................................... Nome of Appello,nt Street and Number ....................... ..C~...e.,.~...k~...r..t.. ..................................................... ..N...e~....Y...o..r..k. ......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................... DATED "'~vcv' '~',~'"'~-"'"r'"~ ....... ~'~" ' ~ ~ ~' ~/ ~7d~ ' WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ..... .~:'.a..J:...n.. ~.oAd..,....~_..x...t..'f2.4.,.....z'~.t, tj.~uq]~ ........................ ~ .e~....I.qr.k. ........................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Permit to occupy addition 1. LOCATION OF THE PROPERTY ....Ba~..Shore_P~ad.....~.<~<f~p~..6..~.!....-~. ...... A. ................... Street Use District on Zoni~";~ ...'.'3Lrr~e&..~p.A..=..~e~£e..B~..~.~...#Z124 - Lots 22,23 and $/ p/o Lot 21 Map No. Lot No. Dist 1000 - Sec 053 - Blk 04 - Lot 00~ 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance ) Article III. Section 100-31 and h~lk 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 Art 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal (has) ([t¢~ 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 LXX) request for o variance and was made in Appeal No. ,2.9.9.Z ....................... Dated ....M~.y....~.4..~...1..9..8..2. ............................................ ( ) (xx) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that appl/cant requires a Certificate of Occupancy for pool and deck as shcwn cn the attached m~p by Van Tuyl dated December 29, 1980, containing excess lot coverage of approximately twenty five (25%) per cent. (Continue on other side) REASON FOR APPEAL Continued I STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the pool and deck were fully ccnstructed pursuant to a building permit issued by the Southold Town Building Department, and severe financial hardship would result if re~val or alteratzc~ were required. The attached statement of the applicant details the history of construction of the pool and deck. The lot contains approximately 19,780 square feet Total lot coverage of structures is approximately 5,102 square feet, resulting in lot coverage of approximately 25.7%. ? TI? ¼~rdship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because the structure was completed pursuant to Tc~n permit without the applicant being aware that she was violating the coverage r _equirements. 3 Tine Var[once would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the pool and deck are screened frc:T~ the road by a hig~ fence and partially screened from the neighbors by plantings, therefore minimizing the in~0act. The pool and deck are not solid habitable structures and are suro~ded by attractive plantings. 5FA, TE OF NEW YORK ) ) ss COUNTY OF SUe'd:OLK ) ~ne tte~lc~n S iCag nrna t~ r e ............ -~,~.... Sworn t~, this ............ ~....~ ............. day e,f September' ................ 1~2 ~' Notary Public FRANKLYN A. IrARRIS ~IOTAR¥ PIJIILIC, State If New Ye~ NI. 41,2040 ~ C0mm,ss,on Expires, Ma:c~ 30, l~ /8' 3S" ' / TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 August. 27, 1980 Ms. Annette Golden Carnes 360 E. 72nd Street New York, N.Y. 11021 REVOCATION: B.P.#10597Z 1445 Bayshore Road Greenport, N.Y. Dear Ms. Carries: Your Building Permit is being revoked in accordance with Article XIV, Sec. 100-142B of Chapt. 100, Code of the Town of Southold, N.Y., for the following reasons: Building Permit No. 10665Z was issued on March 22, 1980, for an inground swi~ing pool as an accessory use. As such, location was to be in the rear yard area, as applied for. This met the requirements for accessory use under the statute. On July 2%, 1980, an amendment was made to this permit to locate sw!rmming pool within the area of a raised deck, this.deck to be an addition to an existing dwelling with a side yard set back for addition of 3'0". The above amenchment ~aspermit was made in error. The deck addition to dwelling now becomes a part of the principal building on premises and, as such, th~sside yard set back requirement is 15'0" for this EDWARD F. HINDERM_ANN Building & Housing Inspector property, (Art. III, Sec. on the mentioned premS~es. F~IIBIT C TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION (owner or authorized agent of owner) ......... (address of owner or authorized agent of owner)/ PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance Other Applicable Laws, Oroinances or Regulations ............................................ at premises hereinafter described in that /~.~.~...4./~./..~..../~.....'~./.~2....~..~./'Z/..¢~..~:~......~.~....~.... (state character of viola4'ion) · .~.~,z.......~,,,x?..¥....~ ....... .z...~....'-~....~z,r...z.~........~.:~.~.....~.~zc~.......~.~z~...~c~ ~ ....................................... - (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned forthwith on or before the ~..~...~'. ~ ~ day of ...... ..~Z~.~..~.., ,9...~...O. The premises to which this ORDER TO REMEDY VIOLATION refers are situated at ~ ~ ~'~'~Z'. ...... -- ...... York. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both./ / t_ ~- ~ ~ c~l,~ /~o~ / - Building Inspector FDcq~B 1 T D FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL Location of Property /2/off~7~o~..~.'~.... ~.~.~...~. ~ S~r~t..~.~.~. .... ..~~~ ..... ..... '" ...g~--_~ ...... '. ' M pNo..l/d.C........ Lot No. .~.~.~. ~./- is returned herewith and disapproved on the following grounds...~.~. ~.. ~/ TOWN OF SOUTHOLD . SHORT E IRONMENTAL ASSESSk4ENT FOR" ~/ iNSTRUCTIONS: -] ~ l~ order to ansvter lhe questions in this shot% %hal lhe preparer viill use curren%ly available information concerning lhe projec% and %he likely imp~c%s of the ac%ion. It is no% expec%ed tho% additional sludies, research or o%her inves%igo%ions will be under%aken. (b) If any question has been answered Yes the projec¢ may be signi£ican~ and o comple%ed Environmen%ol Assessmen% Form is necessary. (c) IF all questions have been answered No it is likely Cha% %his project is no~ signiFican%. (d) Environmen%al Assessmen% 1. Will projec~ resul% in a large physical change / to %he pro3ect si%e or physically al%er more %hah 10 acres oF land? ....................... ~Yes o 2. Will %here be a major change ~o any unique or -unusual land farm found on %he si~e? ..... Yes~/No 3. Will projec% al%er or here a large eFFec% 2~'' exis%ing body oF wa%er? ...................... Y9sp/N° 4. Will projec~ have a po%end%ally large impac% on groundwater quali~y? .............. : ....... Yes ~lqo 5. Will projec~ significantly efFec% draznage .. flow on od3acen~ si%es? ....................... Yes L~NQ 6. Will projec~ oFFec% any %hreo~ened or endangered plan% or animal species? .......... __Yes ~' No ?. Will projecf resulf in o major adverse eFFec% on air quality? ............................... Yes 8. Will pro3ec% have o major eFFecf on visual charocfer oF %he communi%y or scenic views or visfos known to'be impor%anf to %he communify?. Yes 9. Will projec% adversely impoc~ any si%e or .' s~ruc%ure oF his%or%c, prehistoric or paleontological importance or any si~e designated as a cri~ico! envlronmen%al area 10. Will projec~ have o major eFFec~ on exJ. s~ing or Future recreational oppor%uni~ies? ......... Yes 11. Will projec% resul% in.major ~ra~Fic problems oK cause a major eFFec% to exis%ing tronspor%a%ion systems? ....................... Yes, u/No 12. Will projec[ regularly cause objec%ionable odors, noise, glare, vibro%ion, or elec%rical dis%urbonce as o resul% of ~he projec%'$ Yes ~-~No opera,ion'? .................................... 13. Will projec~ have any impac~ on public heal%h or.saFely? .... Yes direc%ly causing a growth in permanen~ popula%ion oF mare %hca 5 percen% over a one year period o.~r have a major negative eFFec~ on %he character oF the communi%y or / neighborhood? ................................. ,, Yes~ No 15. ~s %here public con%roversy concerning projec%? Yes DATE EAF i~ is assumed (Today's Date) To: Re: Southold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of -- .~ ~: ,- Location of Property: . Dear Sirs: In reference 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 in the within appeal application: (please check one box) [ ] I ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wet~ands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] [ ] not appear to 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. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existina oh. the premises..2~K'C ~l~t-~ fF__c~/U~z~ ~g/ 5~Z~/~7~z~ · s not located wit~hin 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] WlCKHAM~ WlCKHAM & BRE$$LER, P,c. October 15, 1982 Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Application of Annette Golden Carnes Gentleman: Enclosed please find the folloging in cc~nection with the above application: 1) Notice of Disapproval 2) Affidavit in triplicate 3) Application in triplicate 4) five copies of the survey 5) check in the amoLmt of $15.00 If there is any ot~ler information you may require, please do not hesitate to call this office. Very truly yours, Abi~ai1 A. Wlekha~' ~ AAW:ljw Enes.