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HomeMy WebLinkAboutZBA-10/12/1989 SPECAPPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, .Ir. Serge Doyen. Jr. Joseph H. Sawicki James Dinizio. Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone ~516) 765-1800 MINUTES SpF£1A~ MEETING THURSDAY, OCTOBER 12, 1989 A Special Meeting was held by the Southold Town Board of Appeals on Thursday, October 12, 1989 commencing at 7:30 o'clock p.m. at the Southold Town Hall, Main Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Members Charles Grigonis, Jr. and James Dinizio, Jr. Board Members absent were: Serge Doyen, Jr.&Joseph H. Sawicki Also present were Doreen Ferwerda, the Board's Secretary and Court Stenographer (per contractual agreement with the Town for stenographic services). The Board proceeded with the all the public hearings (as advertised in the Legal Notice). During each of the hearings, testimony was given and the hearing was immediately concluded thereafter (except as noted in the attached Transcripts of Hearings). The transcripts of all the hearings listed on the attached agenda have been prepared by a court stenographer, and copies of the board decisions as filed with the Town Clerk's Office and S.E.Q.R.A. declarations are attached to this cover page together with the transcripts as the record of the board's actions for future reference. (No other minutes for this regular meeting have been prepared.) APPEALS BOARD MEMBERS GERAR0 P. GOEHR~NGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEP~IONE [5'16} 765-18{~9 FAX No. (516} 765'1823 AGENDA SPECIAL MEETING THURSDAY, OCTOBER 12, 1989 7:30 Meeting to Order. I. Appl. No. 3875 - JOHlq A COSTELLO. Special Exception to the Zoning Ordinance, Article IV, Section 100-42, as Disapproved, for permission to construct Multiple Dwelling, (Townhouses in this Hamlet Density District, Property Location: Mooresland, Moores Lane, Greenport, County Tax Map No. 1000, Section 040, Block 05, Lot 01. II. DELIBERATIONS/DECISIONS: A. Appl. No. 3864 - LEOPOLD STERN. Variance for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244) Property Location: 1390 Bayview Drive, East Marion, 1000-37-5-22. B. Appl. No. 3854 - NANCY STEIN. Variance for permission to construct a deck addition within 75 feet of water or wetlands in this R-40 Zone District, Article III, Section 100-119.2. (Article I, Section 97-12C) Property Location: 2535 Cedar Lane, East Marion; 1000-037-04-10. C. Appl. No. 3849 - CIPITELLI BROS. REALTY. Variance for permission to construct a one family dwelling with a insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Article XXIII, Section 100-239d, A (1), Location o~ Property: 90 Petty's Drive, Orient, 1000-14-2-24. Page 2 - Agenda Southold Town Board of Appeals October 12, 1989 Special Hearing II. DELIBERATIONS/DECISIONS (continued) D. Appl. No. 3542 - CLIFFSIDE (TIDE MARK). Special Exception for permission to construct 76 Motel Units in this Resort/Residential (RR) Zone District. Article V, Section 100-60B (Article XIII) Property Location: 61475 County 48, Greenport, 1000-045-01-01. E. Appl. No. 3842 - CRESCENT BEACH CONDOS. Variance for permission for decks or patios of units to be enclose with glass windows with insufficient setbacks in this Resort Residential (RR) Zone District, Article XXVII, Section 100-121C - 122, Property Location: End of Maple Lane, East Marion, 1000-38-7- 21 Units. F. Appl. No. 3860 - DR. PAUL MITCHELL. Variance for permission to construct a single family dwelling with insufficient front yard setbacks, Article III A, Section 100-30A-3, Section 280-A, access Right-of-Way, (R-40 Zone District) Property Location, 1015 Munn Lane, Orient, 1000-017-02-08. III. Resolution Confirming the following Hearings at following Hearings calendar (expected early to mid November) De Appl. No. 3867 - RICHARD AND PATRICIA SNOW - Variance for permission to construct a fence, exceeds permitted 4 feet in height, 1585 Long Creek Drive, Southold, 1000-55-07-03. Appl. No. 3876 - JOHN P. DEWAR - Variance for permission to construct an attached deck with insufficient front yard setback in this R-40 Zone District. 4420 Oaklawn Avenue, Southold, 1000-70-9-46. Appl. No. 3868 - NICHOLAS NICKOLAUS - Variance for permission to construct addition to existing one family dwelling and accessory building within 100 ft. from Sound (in this R-80 Zone District). 17555 Soundview Avenue, Southold, 1000-51-1-2. Appl. No. 3869 - WARREN AND SUSAN CANNON - Variance for permission to construct pool, poolhouse, garage, in front yard area, (in this R-80 Zone District), 4625 Aldrich Lane, Laurel, 1000-112-01-14. Page 3 - Agenda Southold Town Board of Appeals October 12, 1989 Special Meeting III. Resolution Confirming the following Hearings at follow Hearings, calendar (expected early to mid November) ne Appl. No. 3870 - MATthEW CUSUM3~NO - Variance for permission to construct a deck and other additions to the existing dwelling, in this R-40 Zone District, 435 Briarwood Lane, Cutchogue, 1000-136-01-01. Appl. No. 3871 - RICHARD AND JOAN GIBBS - Variance for permission to construct an accessory building in frontyard, in this R-40 Zone District, 2140 Deep Hole Drive, Mattituck, 1000-123-4-4. Appl. No. 3873 - VINKO NALETILIC - Variance for permission to construct a deck addition, exceeds permitted lot coverage in this Hamlet Business District (HB), 780 Orchard Street and 1300-2nd Street, New Suffolk, 1000-117-7-22. Appl. No. 3877 - HEP~BERT MACOMBER - Variance for permission to construct a deck and ramp, insufficient side yard setbacks, 250 Anglers Road, Greenport, 1000-36-2-1. Appl. No. 3878 - ROBERT POTDEVIN - Variance to for permission to construct an addition to existing one family dwelling, 4250 Peconic Bay Blvd, Laurel. 1000-128-4-23. Appl. No. 3880 - FREDERIC AND DIANE STERN - Variance for construction of a deck, proposed construction will have insufficient rear yard setback, 2110 Sigsbee Road, Mattituck, 1000-144-1-17. Appl. No. 3881 - WARREN W. AUGENTHALER - Variance for permission to construct an accessory building in the front yard in this R-40 Zone District, 7225 Nassau Point Road, Cutchogue, 1000-111-15-12. Appl. No. 3883 - MARGARET BEST AND ADLYN SYVERSON - Variance for permission to construct alterations, additions, and conversion to year round use. Private Road off of Mineola Road, Mattituck, (R-40 Zone District), 1000-123-6-17. Page 4 Agenda Southold Town Board of Appeals October 12, 1989 III. Resolution Confirming the following Hearings at following Hearings calendar (expected early to mid November) Appl. No. 3885 - FRED AND CAROL HIDDINK - Variance for permission to construct an inground pool, proposed construction will exceed permitted lot coverage in this R-40 Zone District, 614 Bailey Avenue, Greenport, 1000-34-04-05. Appl. No. 3884 - DICKINSON/THOMPSON - Variance for approval of sub-division of property in this R-40 Zone District, Main Bayview Road, Southold, 1000-078-09-30 Appl. No. 3887 - MARK AND ELLLIE GORDON - Variance for permission to construct a tennis court in frontyard area in this R-80 Zone District, 1019 Ford Road 97 (private Road), Southold, 1000-87-1-18.4. Appl. No. 3886 - ROBERT STAPLES - Variance for permission to construct a new dwelling, within 75 feet of freshwater wetlands in this R-40 Zone District, 785 Wilmarth Avenue, Greenport, 1000-41-1-7. Appl. No. 3888 - ERNEST TARMIN - Variance for permission to construct a pool, tennis court and shed in frontyard area (R-40 Zone District), 29823 Row-Off Main Road, Orient, 1000-14-2-1.10. Appl. No. 3882 - BIDWELL WINERIES - Special Exception for approval of wine tasting and retail sales, County Road 48, Cutchogue, 1000-96-4-4.3. Appl. No. 3872 - COMPASS TRANSPORTS - Variance for site plan approval to obtain a Certificate of Occupancy, in this Hamlet Business Zoning District (HB) 175 Boisseau Avenue, Southold, 1000-062-01-16. ~dge 5 Agenda Southold Town Board of Appeals October 12, 1989 Special Meeting IV. MISCELLANEOUS: A. RESOLUTION approving Minutes of the following Meetings: Minutes of September 27, 1989 Special Meeting Minutes of August 28, 1989 Special Meeting B. COMMUNICATIONS - Written concerns from Mr. Garrett Strang Re: Dr. Paul Mitchell, Single Family Dwelling, in response to receiving Soil and Water Letter. D. COMMUNICATIONS - Written concerns from Valerie Scopaz, Town Planner Re: Cliffside/Tidemark. Notice of Regular Hearing to be held during early to mid November. F. CODE COMMITTEE: Updates for the Board for this week's special meetings. NEXT CODE COMMITTEE MEETING DATE: October 25~ 1989 at 7:30 V. EXECUTIVE SESSION: Article 78 Proceeding Updates Matter of Tartan Oil: Update in litigations and Board of Appeals Discussion VI. Waiver of Notice of Meeting APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GR~GONIS, JR. SERGE DOYEN. JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHO/D, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS ~ppl. No. 3~75 Matter of JOHN COSTELLO. Special Exception to the Zoning Ordinance, Article IV, Section 100-42 B (1), for permission to construct Multiple Dwelling, (Townhouses in this Hamlet Density District. Property Location: Mooresland, Moores Lane, Greenport, County Tax Map No. 1000, Section 040, Block 05, Lot 1. WHEREAS, a public hearing was held and concluded on October 12, 1989 in the matter of JOHN COSTELLO, under Appeal 3875; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of North Road (Route 27), Hamlet of Greenport and is identified on the Suffolk county Tax Maps as District 1000, Section 40, Block 05, Lot 01. 2. This is an application for Special Exception from The Zoning Code Article IV, Section 100-42 B (1), for approval to construct Multiple Dwelling Townhouses in this Hamlet Density District. Page 2 - Appl. No. 3875 Matter of JOHN COSTELLO Decision rendered October 12, 1989 3. Article IV, Section 100-42 B (1), In this HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part for any use except the following: B. Uses permitted by Special Exception by the Board of Appeals. The following uses are permitted as a Special Exception by the Board of Appeals, as herinafter provided, and -rsubject to site plan approval by the Planning Board: 1. Multiple dwellings, townhouses, row or attached houses. 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the area chosen for the townhouses, multiple dwellings are not unreasonably located; (d) that the Special Exception will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception in the matter of the application of JOHN COSTELLO as applied under Appeal No. 3875 for the placement of Townhouses, Multiple Dwellings. GERARD P. GOEHRINGER, CHAIRMAN Town Hall. 53095 Main Road P.O. Box 1179 5outhold. New York 11971 TELEPHONE (516) 765.1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SEQR NEGATIVE DECLARATION Lead Agency: Southold Town Planning Board Address: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Date: July 19, 1989 This notice is issued pursuant to 6 NYCRR Part 617, and local law # Chapter 44, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below will not have a significant effect on the environment. Title of Action: Cedarfields/Mooresland SCTM #1000-40-5-1 SEQR Status: Location: Type I Action Located at the southeast conner of the intensection of Moone Lane and Middle Road (County Road 48), Greenport, Town of Southold, County of Suffolk, New York. Suffolk County Tax Hap Number 1000-40-5-1. Page I of 4 Project Description: -/O - Town of Southold SEQR Negative Declaration The proposed construction of no more that 100 residential units on a 48.718 acre parcel, zoned "HD" Hamlet Density, located in Greenport, Town of Southold. Project involves a proposal to construct 39 residential dwellings (utilizing 26.463 acres of the site), on 20,000± square foot lots, to be sold as "affordable units". In addition, 60 townhouse units are proposed to be constructed (utilizing 22.255 acres of the site), in 15 4-unit buildings, with amenities and recreational facilities. The project will be "self-sustained" in terms of water supply, and will utilize on site sanitary disposal, in accord with SCDHS Article 8. All necessary roads, recharge, utilities, etc., will be provided. Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 N¥CRR Part 617.11. In addition, a Draft Environmental Impact Statement (DEIS) been prepared and accepted by the Planning Board, a hearing on the DEIS has been held, and a 30-day comment period has been provided, in order to consider relevant comments on the DEIS. This Negative Declaration is issued in compliance with Part 61?.8(e)(1)(ii), and in full consideration of the DEI$, the fact that no substantive testimony was received regarding the DEIS, and based upon the following specific reasons supporting this determination: l) The project has been minimized to the maximum extent practicable through the use of mitigation measures to be reflected on the final subdivision map which will be submitted to the Planning Board for review and approval, in accordance with the documentation contained in the DEIS. 2) The project has received approval from the Village of Greenport, for a Water Agreement. The project is to be "self-sustained", in terms of water supply, through the on-site installation of water supply wells, in accordance with the amended regulations of the Greenport Water Department. The project will provide it's own source of water supply, and in addition will augment the Page 2 of 4 3) 4) 5) 6) 7) Town of Southold SEQH Negative Declaration water supply of the District through installation of an on site well field. The installation of a water supply well on the subject site has received approval from the New York State Department of Environmental Conservation (NYSDEC , subject to special conditions included in the permit. The project design has been "clustered", in order to maintain approximately 40% of the property in natural vegetation (including well site, and private covenanted buffer zones). This will tend to minimize impact upon vegetation and wildlife, visual resources, and groundwater recharge. The project will provide 39 single family "affordable housing" units, and 60 townhouse units, in the Town of Southold, in order to creatively fulfill local housing market needs. Covenants and restrictions shall be imposed by the Planning Board at the time of subdivision approval, in order to ensure that the intent of the Town with regard to providing affordable housing is met. The impact of the proposed project upon groundwater has been assessed in the DEIS, and found not to be significant. In addition, the project conforms to the density limitations of the Suffolk County Department of Health Services (SCDHS) as contained in Article 6 of the Sanitary Code for on-site sewage disposal. The project must receive approval from SCDHS, an involved agency, for sanitary disposal and water supply. The applicant has provided a Traffic Impact Study, which indicates that the traffic volume.generated by the proposed project can readily be accommodated by the existing roadway network. In addition to the covenants and restrictions pertaining to affordable housing, the applicant has agreed to impose additional covenants on individual lots which will further mitigate environmental impacts. These are as follows: a) All scenic easements showing on the final approved subdivision map will be forever left in their natural state and will included in each individual survey. If an easement is removed in any manner, the owner of the individual parcel shall be obligated to replace same at his or her own expense within 30 days of the removal and no later than 90 Page 3 of 4 Town of Southold SEQR Negative Declaration 8) 9) days thereafter. b) All lawns will be kept fertilized by organic means only and no commercial chemical sprays are to be applied. The purpose is to reduce sharply the amounts of nitrates entering the water table. The DEIS investigated impacts upon community services, land use and zoning, demographic and cultural resources, and found that no significant impact upon identified resources would be expected in conjunction with this project. The project must conform to zoning and regulatory requirements for setback and dimensional requirements, stormwater containment, road construction, sidewalk installation, and approval by the Town's Consulting Engineer. For Further Information: Contact Person: Bennett Orlowski, Jr. Chairman Address: Town Hall, Main Road, Southold 11971 Phone No.: (516) 765-1938 Copies of this Notice Sent to: Commissioner - New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001. Regional Director - NYSDEC, Building 40, The Loop Road, SUNY at Stony Brook, Stony Brook, New York 11794 Southold Town Clerk, Southold, New York Southold Zoning Board of Appeals, Southold, New York Southold Town Board of Trustees, Southold, New York Suffolk County Department of Health Services, Riverhead, New York Suffolk County Planning Commission, Hauppauge, New York Village of Greenport Board of Trustees, Greenport, New York Applicant Page 4 of 4 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZl0, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y.-Il971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3854 Matter of NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. [Article I, Section 97-12C), for permission to construct a deck addition within 75 feet of water or wetlands, in this R-40 Zone District. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10. W~EREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of NANCY STEIN, under Appeal No. 3854; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have 'personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas: and WHEREAS, the Board made th~ following findings of fact: 1. The premises in question is located along the north side of Pine Place, Town of East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 037, Block 04, Lot 10. 2. This is an application for Variances from the Zoning Code Article III, Section 100-119.2, (Article I, Section 97-12C), for permission to construct a deck addition within 75 feet of water or wetlands. Page 2 - Appl. No. 3854 Matter of NANCY STEIN Decision rendered October 12, 1989 3. The subject premises for the proposed deck is known and referred to as being 35 ft. from the existing bulkhead, from Spring Pond. 4. In considering this ~pplication, the board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established - nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed deck in any other location on the premises will require other variance relief~ (c) that the area chosen for the deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of NANCY STEIN as applied under Appeal No. 3854 for the placement of a deck, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck be no closer than 35+- Feet to the existing bulkhead, from Spring Pond. 2. That the deck not exceed 20% of the lot Coverage. Vote of the Board: Ayes: Messrs. Goehringer, Grigoni$, and Dinizio (absent Serge Doyen, Fishers Island and Joseph Sawicki) Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD0 L.I., N.Y. 11971 TELEPHONE (516} 765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN. JR. JOSEPH H.$AWlCKI JAMES DINIZIO. JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3864: Matter of LEOPOLD STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B, (Article XXIV, Section 100-244, as disapproved) for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 1000, Section 37, Block 5, Lot 22. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of LEOPOLD STERN. under Appeal 3864; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning .and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of Bayview Drive, East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 5, Lot 22. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244) with insufficient rear yard setbacks, approximately 75 feet from the bulkhead. Page 2 - Appl. No. 3864 Matter of LEOPOLD STEP.N Decision rendered October 12, 1989 3. Article XXIII, Section 100-239d, B, all buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy five (75) feet from the bulkhead. Article XXIV Section 100-244 [A), this subsection is intended to provide minimum standards for granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Article and that were singly and separately oWned as of the effective date of this Article. 4. The subject premises is vacant and consists of a total lot area of .301+- acre, the proposed dwelling will have nonconforming setbacks, in front and rearyard areas. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally notes below. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3864 Matter of LEOPOLD STERN Decision rendered October 12, 1989 RESOLVED, to GR~/~T a Variance in the matter of the application of LEOPOLD STERN as applied under Appeal No. 3864 for the placement of a single-family dwelling, SUBJECT TO T~E FOLLOWING CONDITIONS: 1. That the existing setbacks remain the same, with the exception of the setback of Spring Pond which will be 21+- feet, as shown on survey; dated 9/26/89, prepared by R. Van Tuyle P.E. > 2. A suggestion in the construction process that straw/hay bales be placed approximately 15 feet from the bulkhead, running the distance of the construction, during construction period so that there will be no soil intrusion into Spring Pond. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, (absent, Serge Doyen, Fishers Island and Joe Sawicki). This resolution was duly adopted. df /'GERARD P. GOEHRINGER, ~AIP/~IAN th ld To B d lApp Is MAIN ROAD - STATE ROAD 25 P.O. 1179 SOUTHOLD, ~1., 11971 BOX N.Y. TELE~E (516) 76~1~ FAX NO. {516) 76~1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRmONIS, JRo SERGE DOYEN. JR. JOSEPH N. SAWlCKI JAMES DINIZIOoJR. ACTION OF THE BOARD OF APPEALS Appl. No. 3849 Matter of CIPITELLI BROS. REALTY. Varianc~ to the Zoning Ordinance Article XXIII, Section 100-239d, A.1, for permission to construct a one family dwelling with insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty's Drive, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 24. W~EREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CIPITELLI BROS REALTY, under Appeal No. 3849; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning,, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the east of Petty's Drive, Town of Orient, and is identified on the Suffolk County Tax Maps as District 1000, Section 14, Block 2, Lot 24. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239d A.1, for permission to construct a one family dwelling, proposed construction will be within 100 feet of the Sound. ~age 2 - Appl. No. 3849 ~atter CIPITELLI BROS. REALTY Decision rendered October 12, 1989 3. Article XXIII, Section 100-239d A.1, requires all building located on lots adjacent to Long Island Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 4. The subject premises for the one family dwelling is known and referred to as being built within the building envelope, as identified on the site plan from Ward Associates, -also a copy of the Survey from Roderick Van Tuyl, Dated 4/17/89. 5. In considering this application, the Board finds and determines: {a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue, and placing the proposed dwelling in any other location on the premises will require other variance relief; (c) that the area chosen for the dwelling is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was Pa~e 3 - Appl. No. 3849 Matter of CIPITELLI BROS. REALTY Decision rendered October 12, 1989 RESOLVED, to GRANT a Variance in the matter of the application of CIPITELLI BROS. REALTY as applied under Appeal No. 3849, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there not be any construction that includes decks, swin~ning pools IBuilding Envelope), not be any closer than 60 feet to the top of the bank. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, -Wand Dinizio, (absent Serge Doyen, Fishers Island and Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHI~ING~CHAIRMAN APPEA~.S BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appeal No. 3842: Application of CRESCENT BEACH CONDOMINIUMS. Variance to the Zoning Ordinance, Article XXVIII, Section 100-271 (D), for permission to enclose decks or patios of units with glass windows with insufficient setback. Property Location: End of Maple Lane, East Marion in this Resort/Residential (RR) Zone District, County Map No. 1000, Section 38.01, Block 7, Lot 21 units. WHEREAS, September 21, BEACH CONDOS. a public hearing was held and concluded on 1989 in the matter of the Application of CRESCENT Under Appeal No. 3842; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of'fact: 1. The premises in question is located along the south of Route 25, Town of East Marion and is identified on the Suffolk county Tax Maps as District 1000, Section 38.01, Block 7, Lot 21 units. 2. This is an application for Variances from the Zoning code Article XXVIII, Section 100-271 (D), for permission to enclose decks or patios with glass windows with insufficient setbacks. Page 2 - Appl. No. 3842 Matter of CRESCENT BEACH CONDOS. Decision rendered October 12, 1989 3. Article XXVIII, Section 100-271 (D), in addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: D. Interpretations: on appeal from order, decision or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following: - (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (~) Determine the exact location of any district bo~lndary shown on the Zoning Map. 4. In considering this application, the Board finds and determines; (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; [c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the matter of the application of CRESCENT BEACH CONDOS as applied under Appeal No. 3842 for the enclosure of existing decks or patios with glass windows. Vote of the board: Ayes: Messrs. Goehringer, Grigonis, Dinizio. (Absent Serge Doyen, Fishers Island and Joseph Sawicki). This resolution was duly adopted. dff GEREARD P. GOEHRINGER, CHAIRMAN APPEALS BOARD MEMBERS Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3860 Matter of DR. PAUL AND ELLEN MITCHELL. Variance to the Zoning Ordinance, Article III A, Section 100-30.A.3, and 280-A Access for Right of Way, for permission to construct a single family dwelling with insufficient front Yard setback in this R-40 Zone District. Property Location: 1015 Munn Lane, Orient, County Tax Map No. 1000, Section 017, Block 02, Lot 08. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of DR. AND ELLEN MITCHELL, under Appeal No. 3860; and PAUL WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Main Road 25, Town of Orient, and is identified on the Suffolk County Tax Maps as District 1000, Section 017, Block 02, Lot 08. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30A.3, 280-A Access of Right-of-Way, for permission to construct a one family dwelling, ' with insufficient front yard setbacks. Page 2 - Appl. No. 3860 Matter of Dr. Paul and Ellen Mitchell Decision rendered October 12, 1989 3. Article III A, Section 100-30A.3, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations wee set forth herein in full. (A) 280-A Access of Right-of Way. 4. Subject premises for the proposed dwelling is known and referred to as being on 1,3756 Acres, the proposed house, with decks and catwalk will be 5,890+- sq. ft., the proposed location of the house will be 40+- ft. away from the west Property line, 15+- ft. from the north property,line, 115+- ft. from the south property line, and 165+- ft. from the high water mark. 5. In considering this application, the Board finds and determines: [a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed one family dwelling in any other location on the premises will require other variance relief; (c) that the area chose for the dwelling is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3860 Matter of Dr. Paul and Ellen Mitchell Decision rendered October 12, 1989 RESOLVED, to GRANT a Variance in the matter of the application of DR. PAUL AND ELLEN MITCHELL as applied under Appeal No. 3860 for the placement of a one family dwelling with setback and a 280-A access Right-of-Way, SUBJECT TO THE FOLLOWING CONDITIONS: ~ 1. That within the findings of the Board that it is our understanding that the Department of Environmental Conservation (DEC) and the Town Trustees are dealing with the erosioD control aspects of this construction, and we suggest that all possible precautions be used in the construction of this one family dwelling. A. Setback for the one family dwelling as shown on Site Plan, By Garrett A. Strang, Dated 3/28/89 B. It is understood that the erosion control aspects of this project have been mandated by the other agencies of the Town and the State, however, it is the suggestion of this Board that a retaining wall may be deemed necessary on the side of the proposed dwelling that is closest to the property line (15') sideyard, and that the distance of this wall not exceed the distance of the dwelling. 2. 280-A, Access be granted from the unpaved access to the edge of the property line, a distance of approximately (525'+-), subject to the following improvements: (a) after construction a minimum of 2 inch 3/4 stone blend at a minimum width of eight feet and a suggested width of ten feet, after completion it is to be inspected by Members of the Zoning Board before a certificate of Occupancy (C.O.) is granted for the property. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis Dinizio (Absent was, Joseph Sawicki and Serge Doyen, Fishers Island). This resolution was duly adopted. and df GERARD P. GOEHRINGER, CHAIRMAN Southold Town Board of Appeals Special Meeting: ~- October 12, 1990 There being no other business propgrly coming before the Board at this time, the Chairman declared the meeting adjourned. Doreen Ferwerda Board Secretary RECEIVED AND FILED BY THE SOUTHOLD TOV~N Town Clerk, Town of Sou~old