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HomeMy WebLinkAbout2954 TOWN OF SO~THOLD, NEW yOILK ACTION OF THE ZONING BOARD OF APPEALS Appe,/ No. 2954 by application Da~ February 23, ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Thomas H. Witschi, M.D. Swim King Pools Inc. as agent 1982 Ap~e11.nt at a meetin~ of the Zonin~ Board of Appeals on March 19, 1982 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Article ITT ~ ( ) the appeal Section 100-32 ~anted ( ) be denied purs~nt ~ Article .................... ~c~on .................... Subsection .................... para~aph .................... ~ the Zoning ~dinnnce and Re decision of the Building I~p~r ( ) be revers~ ( ) ~ ~~ Public Hearing 3/19/82: Application of Thomas H. Witschi, M.D. by Swim King Pools Inc., Route 25A, Rocky Point, NY 11778 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct in- ground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-116-4-31. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict apphcation of the Ordinance (would) (would not) produce hardship because (SEE REVERSE SIDE) practical dLfficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance end (would) chan~e the character of the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be ~ranted ( ) be denied and r ( ) be confirmed ( ) be reversed, lk lat the previous decisions of the ]Bun. tUng lnspecti P, ECEIVED AND FILED BY THE SOUTiIOLD TOWN CT.~.RK DATE ~//~/~jl HOUR ~.'z/S~4,/~; Town Clerk, Town o~ _S~old ZONING BOARD OF APPEALS By this appeal, applicant seeks to construct an inground swimmingpool, 20' by 40' in size in an area other than the rearyard area required by statute. The premises in question contains an area of approximately four acres and constructed thereon is a large, one-family dwelling with attached garage, and separate accessory building generally north of the garage area. It is the feeling of this board that the circumstances are quite unique, particularly due to the location of a right-of-way commencing at the northerly end of the premises in question and extending southeasterly and southerly the entire depth of the parcel. It is the opinion of this board that the most practical and feasible area in which to locate the swi~ningpool is in the area depicted by the applicant and which area is located to the rear of applicant's house. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on avail- able governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to approve Appeal No. 2954, application of Thomas H. Witschi, M.D., by Swim King Pools Inc., SUBJECT TO THE FOLLOWING CONDITION: That the accessory pool structure be constructed: (1) not closer than a line drawn in line [north and south] with the east end of the existing attached garage, and (2) not less than 18 feet from the south side of the attached garage. Location of Property: 7670 New Suffolk Avenue, Matti- tuck, NY; County Tax Map Parcel No. 1000-116-4-31. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Douglass. (Member Doyen was absent.) APPROVED _ Chairman Board of Appeal,~ SECTION · TO 8E SMOOTH- NON SKID TYPE, SLOPED J ....... AWAy FROM ~OOL I - i ~A,.~T~,,.,.~DI$.P~O~S~.._SHALL 8E LIMITED TO OWNE"'S [ T' .... ~'~ ~U ~ LOCAL REGULATIONS J -7"-: i--' ...... ' ........... - Fl B E R (:;I..,~, ~ MOULDED I PIECE OPFiONAL STEP TYPE I. FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT TOWN CLERK'SOFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To C~d.~rY ....... .... ..~.. ~ .... ~.~.-. ... i~ .' ~.~,~z/. .~ :~ .... PLEASE TAKE NOTICE that your application dated . .'~'~O.~d~. r.C~., 19 0~. d.. for permit to construct.../'d--/.~. ~ .cd/?~.. ~.//~. ,. ~ ./.~V.,~.-. ~ c7..~.. ....... at Location of Property .H~o.u~ County Tax Map No. 1000 Section .... ~./.~' ...... Block ...C~..~. ....... Lot . .~..~../. ....... Subdivision ..... ~ ....... Filed Map No. - Lot No .................. on t ,ol ow n ~d. ~. ~.. ~.~ e ~.. ~ ~o~..~.~. ~.. ~o~ .... ~,~. ~.. ~.. ~~..~..~. ~ ............ BulldOg Inspector RV 1/80 TOWN OF SOUTHOLD, NEW APPEAL FROM DECISION OF BUILDING INSPECTOR tug,ii yo~J~jjj APPEAL NO. ~2 ~k~"L'/~ / DATE .............................. TO THE ZONING, BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, - ...... ............................................ Name,4[ Appellant / Street and Number ........ i~....~...O..,/..~.....~..(J ................................................... ...~...:~..:...!.'.:I~E~REBY APPEAL TO d Municipality THE ZONING BOARD OF APPEALS FROM THE DEOS~ON OF THE BUILDING ~NSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED t..~./L..~ ............................... WHEREBY THE BUILDING INSPECTOR DENIED TO ....... .................... l'~ame o~ Applicant for permit £ "'S;'r';;;t a;~;J"l~mbe; ........................ 'M',','~i~;;;ii~;................... ~¢;;;;"'c~................. ( ) PERMIT TO USE ) PERMIT FOR OCCUPANCY ,. L;C^T,ON OF THE PROPERTY ..L/~.~/g...~..&: .............. ~..: ..................... Street Use District on Zoning Map ..... /.)..~ ........ :....~.~....: .............. 03.../. .................. Iv~op 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.) 3; ,,T,2KPE/ 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 Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (la~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ) A Variance to the Zoning Ordinance ~s requested for the reason that ~'orm ~.Bz (Continue pn ether side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or,.~-~ ~ sary HARDSHIP because 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) /~ ) ss COUNTY OF ) Sworn to this JO ~ / .................................... day of Notary Public ' ~'~' '7 ........................ 19 ~J~2- PETER C. WtLLSTEIN Notary Public, State of NeW No. 52.4612312 Qualified in Suffolk County Corniness. on Expires Martin 30,19v~ APPEALS BOARD MEMBERS GERARD P. GOEHR[NGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llC:J'71 TELEPHONE (516) 765-1809 April 9, 1982 Thomas H. Witschi, M.D. ?670 New Suffolk Avenue Mattituck, NY 11952 Re= Appeal No. 2954 Dear Sir or Madam: Attached herewith is a copy of the formal findings and determination 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 construction, or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the building inspector at 765-1802. Yours very truly, Enclosure Copy of Decision to Building Department to Swim King Pool~, inc. GERARD P. CHAIRMAN By Linda GOEHRINGER Kowalski, Secretary 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 Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Friday, March 19, 1982 com- mencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Daniel N. and Carolyn K. Baird, 61 Wellsweep Drive, Madison, CT 06443 for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct deck addition to dwelling with an insufficient rear- yard setback at 11 Greenwood Road, Fishers Island, NY; bounded north by Righter; east by F.I. Ferry District; south by Gilman; west by Greenwood Road; County Tax Map Parcel No. 1000-12-1-13.1. 7:35 p.m. Application of Fishers Island Development Corp., Fishers Island, NY 06390 (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article IV, Section 100-41, Bulk Area and Parking Schedule for permission to divide existing house and lot with insufficient area and sideyards into two, single-family dwellings and parcels at.the north side of Whistler Avenue, Fishers Island, NY; bounded north by Gallaher; east by Horning; south by Whistler Ave.; west by Scott; County Tax Map Parcel No. 1000-9-10-part of 11. 7:40 p.m. Application of Walter N. Pharr, Jr., 360 South Harbor Road, Southold, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use premises zoned B-Light for wholesale sales (in addition to retail sales, a permitted use). Location of Property: North side of C.R. 48, Southold, NY; bounded north by Morris and ors.; east by Charnews and ors.; south by C.R. 48; west by Mudd and ano.; County Tax Map Parcel No. 1000-59~9-part of 30.2; also referred to as Subdivision Lot 2 of N. Aliano Subdivision Filed Map No. 250. 7:55 p.m. Application of St. Peter's Lutheran Church, Main Road, Greenport, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) (f) and Article VII, Section 100-70 for permission to erect an off-premises directional/ advertising sign upon property of F. Murphy, 8700 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-07-006.2. 8:00 p.m. Application of Paul and Margaret Radich, 420 West Fourth Avenue, Roselle, NJ 07203 for permission to convert existing dwelling use to two-family dwelling use at 51170 Main Road, east by Southold Road; County Tax S~m 8:10 p.m. King Pools, Southold, NY; bounded north by Jankowski; School District; south by Kahrs; west by Main Map Parcel No. 1000-70-2-6. ~homa____~s~. W__itschi, M.___D~ by Application of Route 25A, Rocky Point, NY 11778 for permission f Page 2 Legal Notice - Board of Appeals Regular Meeting for March 19, 1982 to construct inground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-116-04-031. 8:15 p.m. Recessed Hearing of Anastasios and Anna Parianos for permission to reconstruct and locate second dwelling as existed prior to destruction by fire. Peconic Bay Boulevard and Sigsbee Road, Laurel; County Tax Map Parcel No. 1000-126-5-13. 8:25 p.m. Application of Harvey .Bagshaw Inc., in care of Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of additions at the east and west sides of the existing building with insufficient set- backs and insufficient total yard areas at 7255 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-6-34. 8:40 p.m. Application of Jay P. and M. Joanne-Davis Slotkin, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and Agricultural, varying the zoning ordinance, Article III, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and Stoutenburgh; south by Ackerly Pond Road; east by Main Road; County Tax Map Parcel No. 1000-70-5-4. Dated: February 26, 1982. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski, Secretary 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 Beard of Appeals at the Town Hall, Main Road, Southold, NY on Friday, March 19, 1962, commencing at 7:30 p.m. and asfollows: 7:30 p.m. Application of Daniel N. and Carolyn K. Baird, 61 Wellsweep Drive, Madison, CT 06443 for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to construct deck addition to dwelling with an insufficient rear-yard setback at 11 Greenwood Road, Fishers Island, NY; bounded north by Righter; east by F.I. Ferry District; south by Gilman; west by Greenwood Road; County Tax Map Parcel No. 1000-12-1-13.1. 7:35 p.m. Application of Fishers lsiand Development Corp., Fishers Island, NY 06390 (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article IV, Section 100-41, Bulk Area and Parking Schedule for 0ermission to divide existing (continued on next page COUNTY OF SUFFOLR, STATE OF NEW YORK, ~ ss: Troy Gustavson being duly Sworn, says that . ?te. .... is Printer and Publisher of ~he SUFFOLK bounded north by Morris and ors.; east by Charnews and ors.; south by C.R, 48; west by Mudd and ano.; County Tax Map Parcel No. 1000-59-9-part of 30.2; also referred to as Sub- division Lot 2 of N. Aliano Sub- division Filed Map No. 250. 7:55 p.m. Application of St. Peter's Lutheran Church, Main Road, Greenport, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6)(f) and Article VII, Section 100-70 for permission to erect an off- premises directional/adver- tising sign upon property of F. Murphy, 6700 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-1224)7-006.2. 8: 00 p.m. Application of Paul and Margaret Radich, 420 West Fourth Avenue, Rnselle, NJ 07203 for permission to convert existing dwelling use to two-family dwelling use at 51170 Main Road, Southold, NY; bounded north by Jankowski; east by Southold School District; south by Kahrs; west by Main Road; County Tax Map Parcel No. 1000-70-2-6. fB:10 p.m. Application of'N Thomas H. Witschi, M.D. by Swim King Pools, Route 25A, Rocky Point, NY 11776 for permission to construct inground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-116-04.631. 6:15 p.m. Recessed Hearing of Anastasios and Anna Parianos for permission to reconstruct and locate second dwelling as existed prior to de- struction by fire. Peconic Bay Boulevard and Sigsbee Road, Laurel; County- Tax Map Parcel No. 1000-126-5-13. 9:25 p.m. Application of Harvey Bagshaw Inc., in ca_re of Philip J. Ofrias; Jr., Esq., 737 Roanol~e Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of additions at the east and west sides of the existing building with insufficient setbacks and insufficient total yard areas at 7255 Main Read, Laurel, NY; County Tax Map Parcel No. 1000-122-6-34. 6:40 p.m. Application of Jay P. and M. Joanne-Davis Slotkin, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a rehearing of A.pp.eal No. 2932 for perm~sston to establish multiple professional medical offices on premises zoned "A" 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, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Friday. March 19, 1982 commencing at 7:30 p.m. and p.m. Application Thomas H. Witschi, M.D. by Sw/m King Pools, Route 25A,d Rocky Point, N.Y. 11778 for,* permission to construct in. ground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, N.Y.; County'Tax Map Parcel No. t000-116-04-031. 8:15 p.m. Recessed Hearing of Anastasios and Anna Part- .anos for permission to recon- struct and locate second dwell- ing as existed prior to destruc- tion by fire. Peconic Bay Boulevard and Sigsbee Road, Laurel; County Tax Map Par- cel No. 1000-126-5-13. 8:25 p.m. Application of Harvey Bagshaw Inc., in care of Philip J. Ofrias, Jr., Esq., 7~7 Roanoke Avenue. River-.., head N.Y. for a Variance to the Zoning Ordinance, Article VII. Section 100-71 for approv- al of the construction of additions at the east and west sides of the existing building with insufficient setbacks and insufficient total yard areas at 7255 Main Road, Laurel, N.Y.; County Tax Map Parcel No. i000-122.6-34. 8:40 p.m. Application of Jay P. and M. Joanna-Davis Slot- ~kin, by Abigail A. Wickham, Esq., Main Road, Mattituck, N.Y. for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and:o Agr'cultural, varying the zon-" ing ordinance, Article III, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold. N.Y.; bound. ed north by Johnson; west by Baker and St0utenburgh; southy by Ackerly Pond Road; · 'east by Main Road; County Tax Map Parcel No. 1000-70- 5-4. Dated: February 26, 1982. BY ORDER OF THE $OUTHOLD TOWN BOARD COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, soys 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 o printed copy, has been published in said Long Island Traveler-Watch- m~n once each week for \ ........................................ weeks successively, commencing on the ........ .~..5, ....................... d a y .~.C~-~-~.. · ............... i 9..~..'). r~ Sworn to before me this ..... ~...~.. .................... day of JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS K Southold, L. 1., N. Y. 11971 February 23, 1982 TELEPHONE (5161 765-1801 To; Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2954 application of Thomas Witschi for a variance. Also inc~ded is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. JTT/bn Enclosures Town of Southold Board of Appeals COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 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 Clara Prout Barney Monticello Mr. &Mrs. James Mullins Daniel & Carolyn Baird ~mas H. Witschi, M.D. St. Peters Lutheran Church Walter N. Pharr, Jr. 2724 2949 2950 2952 2957 Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner VKTI:IIIANS MeMOW/iAL HIGHWAY HAL)PPAUG[. L. I.. NEW YORK [[788 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 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 100-32 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 2954 Applicant: Thomas H. Witschi, M.D. Location of Affected Land: 7670 New Suffolk Avenue, Mattituck (Private ROW) County Tax Map Item No.: 1000- 116-4-31 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Owned Land Boundary of Existing or Proposed County, or Other Recreation Area Existing or Proposed Right-of-Way of Any Channel Owned by the County or lished Channel Lines, Thruway State or Federally- State or Federal Park Stream or Drainage for Which The County Has Estab- or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant i~ permission to go~struct inarou~d 4wimminqpool in th$ frontvard area; (l) not closer ~b. ana line drawn north and south in line with the east end of existing attached garage and (2) not less than 18' fro~ south side of existing attached garage. Copies of Town file and related documents enclosed herewith for your review. Dated: March 26, 1982 Secretary, Board of Appeals Southold Town Board of Appeals MAIN R{3AD- ~TATE RnAD 25 5I:3UTHEiLD, l.l., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI March 25, 1982 Thomas H. Witschi, M.D. 7670 New Suffolk Avenue Mattituck, NY 11952 Ret Appeal No. 2954 Dear Sir or Madam: This letter is to confirm that the following action was taken at a Regular Meeting of the Southold Town Board of Appeals held on Friday, March 19, 1982: RESOLVED, to approve Appeal No. 2954, application of Thomas H. Witschi, M.D., by Swim King Pools Inc., SUBJECT TO THE FOLLOWING CONDITION: That the accessory pool structure be constructed: (1) not closer than a line drawn (north and south) in line with the east end of the existing attached garage and (2) not less than 18 feet from the south side of the attached garage. This resolution was unanimously adopted. An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultane- ously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. If you wish to start construction as early as pos- sible, please return to or call the Building Department for issuance of your building permit at 765-1802. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary CC: Building Department Swim King Pools, Inc. So%~hold Town Boar~f Appeals -13- ~rch 19, 1982 ~ PUBLIC HEARING: Appeal No. 2954. Application of Thomas H.~ Witschi, M.D., by Swim King Pools, Route 25A, Rocky Point--~-- 11778 for permission to construct inground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-116-04-031. The Chairman opened the hearing at 8:25 p.m. and read the legal notice of hearing in its entirety and appeal application. MR. CHAIRMAN: We have a copy of the survey of the parcel in question, which is approximately four acres; and a copy of the tax map indicating this property and the surrounding properties in the particular area. Is there anybody that would like to speak in be~fMA~fH~h~T~~ic~ Well, since I am the applicant I guess I should do that. I was instructed to give those (return receipts). I don't really know exactly what the problem was .that I wasn't able to determine this by talking with Mr. Fisher after the Swim King Pools' people who had submitted the initial applica- tion told me about the difficulty. If you have a copy of the survey there-- MR. CHAIRMAN: I have one. DR. WITSCHI: ...or a map, where the proposed location of the pool is what would be in a normal person's interpretation of rearyard, first of all. Secondly, we chose that location for aesthetic and safety reasons, i.e., being able to view the pool area from the kitchen, which is the most used area. There's a natural hedge adjoining the right-of-way, which is depicted there, which is not a street, but it's a right-of-way going down to Mr. Smith's property that we jointly own. So it is really a street. I couldn't make any sense out of Mr. Fisher's interpretation. MR. CHAIRMAN: Did you read his disapproval, Doctor? DR. WITSCHI: I talked with him, and I couldn't tell whether it was because he didn't believe this was my rearyard or what the story is. I can't understand why there's such a big problem about it. It's in a perfectly logical location...it's not encroach- ing on anybody's street...there are no streets. By your definition of a rear/front yard from looking at the rule, the word "street" is used. Can someone explain to me...because Mr. Fisher did not. MR. CHAIRMAN: Well, I'll read the disapproval. It says, "Please take notice that your application dated December 10, 1981 for a permit to construct an inground swimmingpool,," and then it goes on with the location, "...is returned herewith a disapproved on the following grounds: Inground swimmingpool in an accessory structure and is not permitted in the front yard area, Article III, Section 100-32 .... " Is cannot speak for the Building Inspector and there is no one present from the Building Department tonight, but they are indicating that as frontyard area. (Appeal No. 2954 - Thomas H. Witschi, M.D. continued:) DR. WITSCHI: Well, I'm sorry...but that's completely out of any normal, reasonable person's interpretation. My front door, all right...I mean, is whatyou would normally consider your frontyard area. Am I correct? MR. CHAIRMAN: No, sir. DR. WITSCHI: No? I couldn't call my frontyard out in front of my front door? MR. CHAIRMAN: It certainly is your frontyard but you can have several frontyards. If the person had a pennisula-type parcel of property, which yours is close to that...it's not quite that. If you had a road on the opposite side of the property or the west side of the property, you'd have a penni- sula type, meaning bounded on three sides by roads. You could in effect have three front yards. DR. WITSCHI: There is only one access road to my property. Would it be logical to say that this thing would be the front- yard area? I mean...you see...you'd have to, I just don't under- stand what the big hassle is. There is only one way into my property, and that way meets to the front door of my house. Where I am proposing to put the pool is on the opposite side of the house, which would then by any normal person's definition be the rear yard. MR. CHAIRMAN: It probably would, sir, if you didn't have that long, extended...as a point of matter, we'll mention it as a right-of-way, leading down along side your property on the one side. But I, again, I don't know how deeply involved you want to... DR. WITSCHI: Sir, that right-of-way has nothing to do with my access to the property, or anyone's else to the property. It's access for Mr. Smith to get to his house. MR. CHAIRMAN: Yes, but it's still an access. DR. WITSCHI: But it is not a street. MR. CHAIRMAN: It doesn't have to be. It's a right-of-way, sir. DR. WITSCHI: Sir, if you look into the definitions of front and rear yard and side yards, and I'm not supposed to tell you what the rules say...but it defines street. Now a right-of-way where that particular structure is is not a street. And if it is indeed a street, then it would be a very interesting situation because then I would have front lot acreage that I could subdivide. That, sir, is not a street. MR. CHAIRMAN: Well, I think that are two things, Doctor, that you should be aware of, Doctor, and just a point in passing. Number one, we usually deal with disapprovals from the Building Inspector, Sou~hold ?ow-n Boar~f Appeals -15- 19, 1982 (Appeal No. 2954, Thomas H. Witschi, M.D. continued:) MR. CHAIRMAN continued: so his interpretation and your interpretation and although I accept your interpretation as a point of information for this hearing, it has no relevance as to the nature of what you're talking about in the respect that he has made a determination as a disapproval. You are basically talking about that particular determination. We're not here really to discuss the positioning of frontyard/rearyard. I know that you find that as a matter of annoyance, which is basic- ally what I'm reading from what you're talking about here, but I can't make a determination here at this point not having a building inspector here why he determined it to be a portion of frontyard. Do you understand what I'm saying? DR. WITSCHI: Yes, but then, why are we here? MR. CHAIRMAN: Well we're here because he determined it in this disapproval on December 10th as being frontyard. DR. WITSCHI: And I am here to plead the issue that this is not correct. And that's why I'm here. And as the Building Inspec- tor is not here for us to confront one another, I'm terribly sorry... I've taken my time to come here and, what rules to you go by to decide front and rear? If he's disapproving it on the basis that it's not rear, then we have to define what is front and what is rear. MR. CHAIRMAN: You can make a decision and actually accept either side as being front and rear. In other words, in this particular case if he's considering the area which you actually want to place the pool, or implant the pool as being the front yard, then the west side of your property would be your rear yard. I know you don't understand that... DR. WITSCHI: That's totally inconceivable. I mean, if anybody could look at this and arrive at that particular conclu- sion...if you have a street in front of your house, a road in front of your house, that would be your front yard. That's exactly what the situation is in my location. To put the pool anywhere else would place it in the front yards of Mr. Suter or Mr. Morris, which would certainly not be agreeable to anyone. What do t have to do? MR. CHAIR~LAN: I can't tell you what to do, sir. DR. WITSCHI: Quite frankly you're putting me in a position, I mean, if you disapprove this, I can't put in a pool because there is no other place to put it. All right? I've been a resident of this town, a physician serving this community for the last 10 years and I don't understand what this hassle is all about. Nobody's going to see the thing...it's hidden by a hedge and you have to have a fence around it anyway. And I want to put it there so I can watch and see that my kids don't drown in it. If I put it where the Building Inspector suggested Southold Town Boa] Appeals -16- March 19, 1982 (Appeal No. 2954, Thomas H. Witschi, M.D. continued:) DR. WITSCHI continued: I put it, it would be in front of Mr. Suter's front yard, and I couldn't see the pool. Now who makes the determination of what is front and what is rear? If the Building Inspector has the final say and he's not here, then I've wasted my whole evening. MR. CHAIRMAN: That's not true, sir. He made the final say, he doesn't have to appear, Doctor. He's made the point in question by that determination of December 10th, 1981. Basically that decision has been made by him to determine that as front yard. And that is the reason why you're here. I don't know if that's the reason why you're here, but that's that the reason why Swim King Pools applied... DR. WITSCHI: Well, I'm sorry. I don't want to belabor the issue. You have other things to do. I think I've said all I can say. If there are any questions, I'd be happy to show you on the map if you haven't had a chance to look at it. I thought it was fairly straightforward. MR. CHAIRMAN: We were over last Saturday morning, I don't know if your wife mentioned it. Nobody came to the door or anything, and we made certain measurements and we are aware of what you're saying and of the proposed position of where you want to place the pool. DR. WITSCHI: Fine. Well, that's perfect then. MR. CHAIRMAN: I hope you didn't think that any of my state- ments were derogatory. I was very simply trying to get you to understand that that determination of front yard/rear yard, Doctor, is basically not in our realm. DR. WITSCHI: But, sir, I would like to point out that front and rear yard is defined by streets. I can't remember all the words, and it's a rather verbose and somewhat generalized defini- tion of what is a front yard. It's an unoccupied space, blah blah, blah, founded by sky and having something to do with the street. Well, none of the roads in that area technically are streets. MR. CHAIRMAN: Yes, but they're points of access for ingress and egress to your fellow neighbors. DR. WITSCHI: But by the definition of a street, those are not town streets. Those are all privately-owned access roads. I hate to present it in that way, but if his definition of front and rear is based on the rules that are in the books, then we should go by that also. And by that definition there are no streets there and therefore you can't have any front or rear yard. MR. CHAIRMAN: I just think to continue this discourse would be counterproductive, so... DR. WITSCHI: Thank you for your time. So~thold Town Appeals -17- ~arch 19, 1982 (Appeal No. 2954, Thomas H. Witschi, M.D., continued:) MR. CHAIRMAN: You're very welcome, Doctor. DR. WITSCHI: I'm here if there are any questions. MR. CHAIRMAN: Not right at the moment. Let's see what develops. Is there anybody else that would like to speak in behalf of this application? No one in behalf? Does anybody wish to speak against the application? (None) Does any member of the board have any discussion with Dr. Witschi? (None) Hearing no further testimony in either case, I'll make a motion closing the hearing and reserving decision until a later date. And thank you for coming in, Doctor. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to close the hearing and reserve decision until a later date in the matter of the application of Thomas H. Witschi, M.D., Appeal No. 2954. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to recess for approximately ten minutes. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) RECESSED PUBLIC HEARING: Appeal No. 2947. Application of Anastasios and Anna Parianos, 43-21 Astoria Blvd, Long Island City, NY 11105, (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and Bulk Schedule, for permission to reconstruct and locate second dwell- ing as existed prior to destruction by fire with insufficient yard area(s) at the southwesterly corner of Peconic Bay Boulevard and Sigsbee Road, Laurel, NY; more particularly known as Lot 108A on Amended Map of Mattituck Park Properties, Inc., Map No. 801; County Tax Map Parcel No. 1000-126-5-13. The Chairman reconvened the hearing at 8:47 p.m. This hearing was recessed from the last regular meeting of this board, to wit, February 26, 1982. MR. CHAIRMAN: Mr. Olsen, would you like to say something in behalf of Mr. and Mrs. Parianos? TOWN OF SOUTHOLD, NEW YORK 3198Z APPEAL FROM DECISION OF BUILDING INSPECTOR DATE .............................. TO THE ZeN NG BOARD OF APPEALS, TO"~.N OF $OUT~J-IOLD, N. Y Name .of ~ellont Street and Number Municipality ~ate THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON WHEREBY THE BUILDING INSPECTOR DENIED TO Na, me of Applicant for permit r Street and Number Muni~pality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Street Use District on Zoning Map Mop No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.) 3. /TYPE OF APPEAL Appeal is made herewith for J (~') 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 (l~).(has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that l O, o_.. l~orm Z~l (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-. ~ ,~: sary HARDSHIP because 2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity af this property and in this use district because ~o~ L Locc~'e,~ ~ ~ 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because SFATE OF NEW YORK COUNTY OF ) Signature ~o~ ,o ,~,~ ................ ~..o..~ .............. ~o~ o~.....~z~z~ ............................ Notery Publl~, State of New York ............................ 7. ......................... No. 52.4612312 Notary Public Qualified in Suffolk County ',~' "~ Commission Exoires March 30, 19- .,~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : to the Board of Appeals of the Town o~ Southold : TO: ~ /~/~ NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a.(Variance) (Special Exception) (Special Permit) (the. following relief: 2. That the prop~ty whic~ ~the subi~ of~ E~tition i~located adjacent to cribed ~ follows: ~'/~ ~ ~ ~/~ ~ . your property and is ~ps- 3. That the pro~.rty which is the subject of such Petition is located in the following zoning district: 4e T)~ by such Petition, the, undersigned will request the following relief: /~ dff/J~/~)CL $. That the p~vi~ions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article --/{/ Section ./ ~3~ ,- Ti2.. 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) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appea~and be heard at such hearing. Dated:'"'-'/'~T.~.-A ~'~/' /2(~q,.~ / Petitioner P30 3753 5n RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) P30 3783149 RECEI PT FOR CERTIFIED MAIL NO ISURANCE COVERAGEPROVIOED-- ]T FOR INTERNATIONAL MAIL / (See Reverse) I SENT1 ) ~DOS~AGE ~ ~ ~ DATEOELIVERED ~ ~ ~ SHOWTOWHOMANDDATE '~ ~ ~ DELIVSREDWITHREST'ICTEIDELiVERY PROOF OF MAILING OF NOTI~F A'I~,CH C'P..R. TTL~TP.D IV.J~TT. ADDRESS P30 3783Z48 RECEIPT FOR CERTIFIED MAIL 3783 P30 ! 47 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVI _ NOT FOR INTERNATIONAL MAi~ED (certified) (regis~l~e-d) mail. ' , being duly sworn, deposes and says that on the ~ day of ,19 _~]~__, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at · ~"~,~ ,~L/~,o/4 //~. ¢ ; that said Notices were mailed to each of said persons by Sworn to before me this Notary Public ELIZABETH ANN NEVILLE ROTARY PUBLIC, State of New No. 52-8125850, Suffolk Cl~:y Term Expires March 30. SHO2'F F~VIRO~,.ErJAL ASSESSh~ENT FC 14 INsTrUCTION : ' ~ (o) III ardor to answer lite questions in this short EAF if is assumed that the preparer ¥,ill use. currently available information concerning the project and the likely impacts oF the action. It is not expected %ho¢ additional studies, research or other investigations ~ill be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Farm is necessary. (c) If all questions have been ans¥1ered No it is likely %ha% %his project is not signi£ican~. '.. . ', (d) Environmental Assessment .. ~. Will projecL resu'if"in o large physical change · , lo the project' sife Or physically alter more lhan lO acres of land? ........................, Yes 2. ¥1ill there'be a major change fo any unique orVN"--/~ -unusual land farm found on %he site? .......... Yes 3. YJill projec~ alter or have a large' effect'on existing bOdYhaveof water?potentially ............ i~;~ i~ Yes WN~ on ground~vater quality? ....................... Yes... 5. Will project slgnificontly effecl drainage. '_//.'7 flo¥1 on adjacent sites? ..................... ~-- Yes¥ N 6. ¥/ill project affect any threatened or endangered plant or animal species? ........... ... Yes¥~o 7. ¥/ill project resull in o major adverse effect, on air quality? ........... ; ................... .. o 8. %';ill project have a major effect on visual of ihe community or scenic views or / character vistas known fo:be imporlonf to the community? 'YesV' No ~. ¥;ill project o-dversely impact any site or .- · structure of historic, prehistoric or paleontological importance or any site / designated os a critical environmental area by o local agency? ...... ~ ..... ~...-..,..v:.-.-.~';..~. Yes. o 10. ¥till project have o mojo. effect on exzs~.hg or future recreational opportuniti~s?.~ ....... Yes.. 11. Will project result in.major traffic problems / oK cause o major e~fect to ex,isling . /. transportation systems? ........................ Yesv NO 12. ¥1ill project :regularly cause objectionable d 'gl ibti l~il --/ o az s~ noise, are, v ro on, or e ac' r ca disturbance as a result of ~he project's ? Y opera, ion ..................................... . e o 13. ¥lill project have any impact on public health Yes- ~No or.safety? ........... '. directly causing o growth in permanent " population of more than 5 perce~t over a one year period or have o major negative e~fec~ / on the character of the community or neighborhood? ................................. Yes No 15. Is there public controversy concerning the ~'No project? ..................... -'''.2~' ''--''''''" To: Southold Town Board of Appeals Main Road Southo!d, NY 11971 Re: Appeal Application of ~O~17~ Location of Property: /~/S_~.~tfl[~/, Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Pa~t 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) £ ] [ ] May be located within 300 feet of tidal wetlands; ho%.;ever, 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 wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lyiPg edge of this property is a bulkhead less than ~00 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, · L 04 (¢} §.7A (c) TOWN OF ilA(c) 3 6 2 2.6A(c)