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HomeMy WebLinkAboutZBA-06/04/1992APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, JUNE 4, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 A Regular Meeting was held by the Southold Town Board of Appeals on THURSDAY, JUNE 4, 1992 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Charles Grigonis, Jr., Member Serge Doyen, Jr., Member James Dinizio, Jr., Member Robert A. Villa, Member Linda Kowalski, Clerk The Chairman opened the meeting at 7:30 p.m. and proceed with the first items on the agenda, as follow: I. PUBLIC HEARINGS (Verbatim transcript of each hearing has been prepared under separate cover and is attached for reference concerning all statements or questions made during the hearings): 7:32 p.m. Appl. No. 4107 - RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The proposed walkway is five feet in width, located with an insufficient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Property: 550 Fasbender Avenue, Peconic; also referred to as combined Lots #1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. (No public opposition was submitted during the hearing.) Motion was made by Chairman Goehringer, seconded by Member Grigonis, and duly carried, to declare the hearing concluded (closed), pending receipt of the exact dimension of the length of the proposed walkway (to be furnished later by Mrs. Pelletier). Page 2 - Minutes of June 4, 1992 Board of Appeals Regular Meeting I. PUBLIC HEARINGS (continued) : 7:40 p.m. Appl. No. 4108 - DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use," in conjunction with the single-family residency by the owner. This use is to be accessory and subordinate to the principal residential use, is for the rental of not more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property: 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, NY; County Tax Map Parcel No. 1000-74-3-11. (No public opposition was submitted during the hearing.) Motion was made by Chairman Goehringer, seconded by Men%ber Grigonis, and duly carried, to declare the hearing concluded (closed), pending deliberations. 7:42 p.m. Appl. No. 4109 - MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing front porch with an insufficient front yard setback. This parcel has a nonconforming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, NY; Cleaves Point, Section Three, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8. (No public opposition was submitted during the hearing.) Motion was made by Chairman Goehringer, seconded by Member Grigonis, and duly carried, to declare the hearing concluded (closed), pending deliberations. 7:45 p.m. Appl. No. 4101 - JOHN ROWAN (Property now of LUCIEN ARCAS). This is an Appeal under Article XXIII, Section 100-239.4 for a deck addition with an insufficient setback from the northerly property line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Extension, Southold, NY; County Tax Map Parcel No. 1000-50-2-6. (No public opposition was submitted during the hearing.) Motion was made by Chairman Goehringer, seconded by Member Grigonis, and duly carried, to declare the hearing concluded (closed), pending deliberations. 7:50 p.m. Appl. No. 4111 - JOHN G. AND MARIE ELENA BRIM. Request to Amend Variance to locate accessory tennis court partly in the front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Article III, Section 100-33, and Article XXIII, Section 100-239.4. Page 3 - Minutes of June 4, 1992 ~oard of Appeals Regular Meeting I. PUBLIC HEARINGS (continued): (Re: Brim.) Location of Property: Northerly Side of Private Road extending off East End Avenue, Fishers Island, NY; FIDCO Block 18, Combined Lots lA and lB, having a total land area of 3.56+- acres in this R-120 Zone District. (Member Doyen mentioned that John Thatcher has contacted him in opposition to any variance reduction from wetland areas. Mr. Thatcher indicated that he was representing the Fishers Island Conservancy. Member Doyen said he did disclose the previous determination made by the Board for this tennis court in this general location.) No written objections were submitted.) (Stephen L. Ham III, Esq. and Architect Oliver Cope spoke in behalf of the application -- see verbatim transcript.) Following receipt of testimony, motion was made by Chairman Goehringer, seconded by Member Grigonis, and duly carried, to declare the hearing concluded (closed), pending deliberations. 8:00 p.m. Appl. No. 4105 - JOHN J. FIORE. A variance is requested under Article III, Section 100-33 for permission to locate accessory swimmingpool structure and fence enclosure in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone District. Location of Property: 3100 Cedar Beach Road (and the westerly side of Sunset Way) at Bayview, Southold, NY; also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. Merlon Wiggin, P.E. appeared in behalf of the application. (No public opposi- tion was submitted during the hearing.) Motion was made by Chairman Goehringer, seconded by Member Grigonis, and duly carried, to declare the hearing concluded (closed), pending deliberations. 8:07 p.m. Appl. No. 4112 - HENRY AND BETTY HINTZE. A variance is requested under Article XXIV, Section 100-244B for permission to construct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III, Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of 14,500+- sq. ft. and is located in the R-80 Zone District. Location of Property: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, NY; County Tax Map Parcel No. 1000-53-1-15. (No public opposition was submitted during the hearing.) Motion was made by Chairman Goehringer, seconded by Member Grigonis, and duly carried, to declare the hearing concluded (closed), pending deliberations. Page 4 - Minutes of June 4, 1992 Hoard of Appeals Regular Meeting 8:12 p.m. Appl. No. 4106 - LAWRENCE P. AND M3~RILYN HIGGINS. A variance is requested under Article XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., extending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-16. James Fitzgerald appeared in behalf of the applicant. (No public opposition was submitted during the hearing.) Motion was made by Chairman Goehringer, seconded by Member Grigonis, and duly carried, to declare the hearing concluded (closed), pending deliberations. 8:17 p.m. Appl. No. 4104 - ANTONIO VANGI. A variance is requested under Article >XXIV, Section 100-244 and Article XXIII, Section 100-239.4A for permission to construct addition to dwelling with a reduced easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcel contains a total lot area of 25,135+- sq. ft. and is located in the R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; also referred to as Lot No. 1, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Tax Map Designation: 1000-83-1-17. Abigail Wickham, Esq. appeared in behalf of the applicant. (No public opposition was submitted during the hearing.) Motion was made by Chairman Goehringer, seconded by Member Grigonis, and duly carried, to declare the hearing concluded (closed), pending deliberations. Five Minutes Recess was taken and the meeting reconvened. 8:35 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. (No public opposition was submitted during the hearing.) Motion was made by Chairman Goehringer, seconded by Member Grigonis, and duly carried, to declare the hearing concluded (closed), pending deliberations. 8:43 p.m. Appl. No. 4098 - TONY AND MARIA KOSTOULAS. (Hearing is reopened and carried over to June 30, 1992 while awaiting a written determination from the Town Trustees under the Town's Coastal Zone Management regulations. (This hearing was previously held on May 7, 1992 and concerns a request for a Page 5 - Minutes of June 4, 1992 Board of Appeals Regular Meeting Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. (No public opposition was submitted at this time.) 8:46 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October 11, 1991 Notice of Disapproval from the Building Inspector, as amended, under Article III, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000- 69-5-13.2; also known as Lot ~3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79. William Goggins, Esq. of McNulty and Speiss appeared as attorney for the applicant. Additional testimony was provided by Samuel McCullough, Henry Romanowski, Jr., and others. Also, additional testimony in opposition was received from Mr. F.M. Flynn and made a part of the record -- see verbatim transcript of all statements which has been made a part of the file and attached to this set of Minutes for reference.) Motion was made by Chairman Goehringer, seconded by Member Doyen, and duly carried, to conclude (close) the hearing in all respects except to the testimony requested by Andre Moraillon in opposition to the application (if any) and William Goggins, Esq. as attorney for the applicant (in rebuttal to Mr. Moraillon's opposition, if any) scheduled for Tuesday, June 30, 1992 at the Board's next hearings calendar. The hearing ended at 10:05 p.m. II. DELIBERATIONS/DECISIONS: A. Matter of GEORGE AND SUE TSAVARIS. Antenna satellite dish within 100 feet of the L.I. SOund bluff line at 2170 The Strand Way, Pebble Beach Subdivsion Lot #111, East Marion. (For informational purposes, it is noted that the hearing on this application was held and concluded on May 7, 1992.) Deliberations, Findings and Determination continued on next page. Page 6 - Minutes of June 4, 1992 Regular Meeting and Hearings Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4080. Upon Application of GEORGE AND SUE TSAVARIS. This is an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of location of accessory satellite (antenna) dish structure with a setback at approximately 36 feet from the bluff line. The requirement for all structures under Section 100-239.4 is 100 feet from the Long Island Sound bluff. Location of Property: 2170 The Strand Way, East Marion, NY; Pebble Beach Farms Filed Map No. 6266, Lot 111; Parcel ID No. 1000-30-2-53. WHEREAS, a public hearing was held on May 7, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, 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. This is an application for a Variance under Article XXIII, Section 100-239.4 for approval of an accessory structure, i.e. satellite antenna dish which has been located (without a building permit) in the rear yard area and the base of which is shown to be situated 37 feet from the existing top of the L.I. Sound bluff. 2. The premises is known as Lot No. 111 on the "Map of Pebble Beach Farms" and is improved with a single-family, two-story dwelling with porch situated at 55-1/2 feet from the closest distance to the top of the bluff line and located 100 feet from the average top of bluff shown on the filed subdivision map. Also existing at the premises is the subject antenna dish structure, barbeque "burner," play area and deck landward of the Page 7 - Appl. No. 4080 Matter of GEORGE & SUE TSAVARIS Decision Rendered June 4, 1992 top of the bluff. There are steps sloping down the bluff to the beach area at the bottom of the bluff. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. Correspondence has been received from the office of the Town Trustees confirming that the antenna structure is beyond their jurisdiction under the Coastal Erosion Hazard Ordinance adopted in November 1991 (Ch. 37) and the Town Wetland Ordinance (Ch. 97). 6. The applicants have indicated that they have communicated with the N.Y.S. Department of Environmental Conservation and have been assured that the structures are grandfathered as exist. 7. For the record, the following additional information is noted: (a) the overall height of the antenna dish is at a maximum of 17 to 18 feet above ground; (b) the overall width of the antenna dish is approximately nine (9') feet; (c) there are cedar trees existing along the easterly side of the antenna location which will suffice for screening purposes -- additional screening would limit waterviews for the property owner and adjacent property owners; (d) satellite signals are limited to areas located within 45 feet, or less, of the top of the bluff line {shown on the copy of the survey with the signal areas highlighted in yellow}. There is no other location except to position the satellite at a dangerous height on the roof of the house, or perhaps in the front yard, which is not permitted without variances and further consideration. The alternatives are not more feasible under the circumstances. (e) this application is strictly for the satellite antenna dish, and not for any other structure existing at this time within 100 ft. of the top of the bluff. (No other variance application has been found of record for this property.) P~ge 8 - Appl. No. 4080 Matter of GEORGE & SUE TSAVARIS Decision Rendered June 4, 1992 8. It is the position of this Board that in considering this application: (a) the relief requested is in this application is not substantial in relation to those buildings existing generally in the neighborhood and along this Sound bluff; (b) an accessory structure for satellite antenna purposes is required to obtain a building permit, however, it is not a prohibited use; (c) it is not uncommon for parcels along the Sound bluff to require variances for accessory structures within 100 feet of the bluff because the principal structures preexist the enactment of Section 100-239.4 (previously 100-119.2 under the old zoning code); (d) there is at least one other similar antenna dish located in the immediate neighborhood to the west; (e) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, nor will it prevent neighboring properties from enjoyment of their properties; (g) there is no alternative feasible for appellants to pursue other than a variance; (h) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance for an accessory (satellite antenna dish) structure only, as applied in the Matter of MR. AND MRS. GEORGE TSAVARIS under Appl. No. 4080, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the antenna dish not be replaced, rebuilt, re-located, moved, or otherwise altered or modified (except through an additional permit/variance application process); 2. That the cedar trees as exist be properly maintained in good condition; Page 9 - Appl. No. 4080 Matter of GEORGE & SUE TSAVARIS Decision Rendered June 4, 1992 3. That there be no physical disturbance to or near the bluff area; 4. That the appellants must apply for and receive a building permit (and other agency approvals which may be deemed necessary) for structures at this site. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio and Villa. Nay: Chairman Goehringer (voted against the resolution because he felt that additional screening along the easterly property line was necessary). This resolution was duly adopted. (Margin: 4-1). lk Hage 10 - Minutes of June 4, 1992 Regular Meeting and Hearings Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4112: Application for HENRY AND BETTY HINTZE. A variance is requested under Article XXIV, Section 100-244B for permission to construct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III, Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of 14,500+- sq. ft. and is located in the R-80 Zone District. Location of Property: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, NY; County Tax Map Parcel No. 1000-53-1-15. WHEREAS, a public hearing was held on June 4, 1992 and at said hearing all those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land situate along the south side of a private road known as "Brooks Road," House No. 590 in Greenport, Town of Southold, and contains the following existing nonconformities under the bulk schedule of the current zoning code: lot area at 14,130 sq. ft. lot width (frontage) at 50 feet; (b) is improved with a 1 & 1/2 story, single-family dwelling structure and accessory shed of a size 7 feet x 10 feet; page tl- Applo No. 4112 Matter of HENRY AND BETTY HINTZE Decision Rendered June 4, 1992 (c) is located in the R-80 Zone District as adopted by the Master Plan of January 10, 1989. 2. By this application, appellants have requested approval of a 10 ft. deep by 37+- ft. long open (one-story) deck addition at the southerly (waterview) side of the house, plus a four-ft. deck extending approximately 11 ft. in a north-south direction, all as shown on the two sketched diagrams prepared by the applicants for consideration. The sketches show the side deck to be set back at eight (8') feet from the westerly side property line, and show the rear deck to be 67 feet from the highwater mark along Pipes Neck Creek (and 30 feet to the existing landscape ties landward of the edge of Pipes Neck Creek. at 42 feet from the closest bulkhead at the top of the bluff. The setback at the easterly side yard from the new deck will remain nonconforming at five feet (maintaining the existing setback). 3. It is noted for record purposes that the deck was built about two years ago (without a building permit). The accessory shed structure was also built (without a permit), but was rebuilt to replace an existing structure. {See photos submitted for consideration}. 4. Article XXIV, Section 100-239.4B requires 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 feet from the retaining structure. 5. Article III, Section 100-33 requires accessory buildings and accessory uses to be located in the rear yard. The rear yard for this property is technically that area seaward of the existing dwelling. 6. Article XXIV, Section 100-244B requires a minimum side yards at 10 and 15 feet, and an increase or expansion of other established nonconforming setbacks require a variance. 7. The amount of relief requested by this application is 10 feet for the deck at the southerly end and 5 feet at the easterly side yard. It should be noted that the setback of the deck to the highwater mark along the creek is shown to be more than the required 75 feet. 8. To locate the accessory shed in the required rear yard rather than landward of the house would encourage construction closer to the creek and beach area, which is not more feasible under the circumstances for environmental purposes. (Amend- page 12- Appl. No. 4112 Matter of HENRY AND BETTY HINTZE Decision Rendered June 4, 1992 ments to the zoning code are being considered at this time by the Legislative Committee to permit accessory sheds in the front yard area for parcels fronting along a waterway or wetlands areas.) 9. In considering this application, the Board also finds: (a) that the deck nor the shed will not be an adverse impact to the essential character of the neighborhood; (b) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) tha~ the construction under consideration is for an open deck addition {not to be enclosed or roofed) and a small accessory shed in the front yard, neither of which are considered to be a major activity; and the grant of such relief will not create an increase in any dwelling unit density or cause a substantial effect on available governmental'facilities; (d) that there is no other alternative feasible for appellants to pursue; (e) in considering all of the above factors, the interests of justice will be served by granting the relief requested and as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT approval of the open deck construction and small accessory shed as requested under Appl. No. 4112 (Henry and Betty Hintze) as more particularly shown on the sketched map submitted with the application, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck remain unroofed and open, as requested and as exists; {There shall be no permanent enclosure of the deck addition (plexiglass or otherwise), other major alteration or placement of a roof}; 2. The deck not be enlarged or expanded, without further approvals. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio and Villa. This resolution was duly adopted. Page 13 - Minutes of June 4, 1992 Regular Meeting and Hearings Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appeal No. 4101: Application for JOHI~ ROWAN (seller) for LUCIEN ARCAS (new owner). Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for a deck addition with an insufficient setback from the northerly bluff line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Extension, Southold, NY; County Tax Map Parcel No. 1000-50-2-6. WHEREAS, a public hearing was held on June 4, 1992 and at said hearing all those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land situate along the north side of Sound View Avenue at Southold, Town of Southold, and contains the following nonconformities: lot area at 33,637 sq. ft. lot width (frontage( at 119.60 feet; (b) is improved with a two-story, single-family dwelling structure set back 78.5 feet from the front property line along Sound View Avenue and 52 feet from the top of the bluff (closest wooden bulkhead). (c) is located in the R-40 Zone District as adopted by the Master Plan of January 10, 1989. Page 14 - Appl. No. 4101 Matter of ARCAS/ROWAN Decision Rendered June 4, 1992 2. By this application, appellant has requested approval of a 10 ft. deep by 31 ft. long open (one-story) deck addition plus side step area as shown on the January 28, 1992 survey prepared by Peconic Surveyors, P.C. The survey shows the wooden deck to be at 42 feet from the closest landscape bulkead (ties) at the top of the bluff. The distance to the bottom of the step area as shown on the January 28, 1992 scales out to be at 100 or more feet from the subject deck. 3. ~t is noted for record purposes that the deck was built in 1972 (without a building permit) and was built over an old patio {see photos submitted for consideration}. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. Correspondence has been received from the office of the Town Trustees confirming that this project is beyond their jurisdiction under the Coastal Erosion Hazard Ordinance adopted in November 1991 (Ch. 37) and the Town Wetland Ordinance (Ch. 97). 6. The amount of relief requested by this application is 10 feet from the north side of the house. 7. In considering this application, the Board also finds: (a) that the deck will not be an adverse impact to the essential character of the neighborhood, and the relief requested in this application is not substantial in relation to those buildings existing generally in the neighborhood and along this Sound bluff; (b) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the addition is for an open deck {not to be enclosed or roofed}, is not a major activity or structure under the circumstances, and will not create an increase in any dwelling unit density or cause a substantial effect on available governmental facilities; (d) that there is no other alternative feasible for appellant to pursue; ~i nutes Page 15- Appl. No. 4101 Matter of ARCAS/ROWAN Decision Rendered June 4, 1992 (e) in considering all of the above factors, the interests of justice will be served by granting the relief as requested and conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Grigonis, it was RESOLVED, to GRANT approval of the open deck construct as requested under Appl. No. 4060 (John Rowan) as more particularly shown on the January 28, 1992 survey for a reduction of the existing bluff setback, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck remain unroofed and open, as requested and as exists. {There shall be no permanent enclosure of the deck addition (plexiglass or otherwise), other major alteration or placement of a roof}. 2. The deck not be enlarged or expanded, without further approvals. VOTE OF THE BOARD: AYES: Messrs. Goehringer, Grigonis, Doyen, Dinizio and Villa. This resolution was duly adopted. BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4111: Matter of JOHN G. AND MARIE ELENA BRIM. Amended variances to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory tennis court with steps and retaining wall in the side yard and partly in the front yard, and having an insufficient setback from the front property line and the freshwater wetlands, (which will include the removal of an existing garage presently in the side yard). Location of Property: Northerly side of Private Road off East End Avenue, Fishers Island, Town of Southold; County Tax Map Parcel No. 1000-4-3-3; also referred to as FIDCO Block 18, Lots lA and lB as combined, having a total land area of 3.56+- acres in this R-120 Zone District. WHEREAS, a public hearing was held on June 4, 1992, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and ~WHEREAS, the Board made the following findings of fact: 1. PROPERTY IDENTIFICATION: The premises in question is located in the R-120 Zone District at the East End of Fishers Island, fronting along the north side of Private Road and frontage along Fishers Island Sound, and identified on the Suffolk County Tax Map as District 1000, Section 4, Block 3, Lot 3. 2. SITE DESCRIPTION: The subject premises is improved with a 4700+- sq. ft. dwelling, accessory swimming pool, extensive garden and driveway areas, and accessory garage structures, all as shown on the site plan map prepared by Richard H. Strouse, L.E. for Chandler, Palmer & King, L.S. on Page 17_ Appl. No. 4111 Decision Rendered June 4, 1992 Matter of JOHN AND ELENA BRIM January 31, 1992. The subject premises consists of a total lot area of 3.56+- acres (combined as one lot: FIDCO numbers iA and lB). The contours of the property vary significantly as depicted on the site plan may revised February 21, 1992 (also prepared by Chandler, Palmer & King, L.S.). 3. AMENDMENT REQUESTED: This application is requesting an amended location for a proposed tennis court {which was originally submitted for a 60' by 120' tennis court with a minimum distance: (a) from the easterly side lot line at 15 feet, (b) from the southerly front property line at not less than six (6') feet, and (c) from the wetlands as flagged by the D.E.C. at 43 (or 44') feet}. The location as amended is shown on the "May 12, 1992 Layout Plan" prepared by Chandler, Palmer & King with the following proposed setbacks: (a) from the most northeasterly setback to the property line at 10.2 feet and 11+- ft. to the arc along the easterly side property line; (b) the setback from the southerly front property line will not be changed -- being not less than six (6') feet; (c) the setback from the southeasterly most corner of the tennis court enclosure scales out to be at not less than 20 feet. 4. HEIGHT: No change is proposed for the tennis court fence height of ten (10') feet from tennis court base at grade. 5. BASIS OF REQUEST: The testimony received under the previous application appears emphasized the need for preserving two large cherry trees at the expense of extensive regrading and excavating that would have been necessary to locate the court in that particular location. The newly proposed location would require a substantial reduction in the amount of land excavation (now at 140 yards). {See testimony to support the amended application from Oliver Cope (Architect)}. 6. In checking with the N.Y.S. Department of Environmental Conservation, it was confirmed that a plan to reduce the amount of land excavation is encouraged even though the setback to the wetlands for a surface tennis court is closer. (More disturbance would be created to the land areas by excavation than by a surface tennis court at grade with fencing.) 7. In considering this appeal, it has been found that: (a) the circumstances are uniquely related to the land and are not personal in nature to the landowner; Page 18_ Appl. No. 4111 Decision Rendered June 4, 1992 Matter of JOHN AND ELENA BRIM (b) the relief is the minimal necessary under the circumstances; (c) the relief as granted will not alter the essential character of the neighborhood since there will be no substantial physical disturbance to land areas surrounding the tennis court for buildings in the future due to the land contours and location of the wetland area; (d) the relief requested will not, in turn, be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the nearest neighboring residence is more than 500 feet distant; (e) the relief requested does not involve an increase of dwelling unit density and therefore will not cause an effect on available governmental facilities; (f) the property is unique in that there is limited "rear" yard area as defined in our zoning code due to the character of this waterfront community and the layout of the land and principal building; (g)before any activities are commenced, all other agency approvals must be issued in writing and made a part of the town permit records including an amended application to the Town Trustees and the N.Y.S. Department of Environmental Conservation, with which reviews are being or have been finalized; (h) the project will comply with the front yard limitation in the previous determination (under Appl. No. 4097 rendered May 7, 1992) and is to be at least 100 feet from the top of the sound bluff as required by Section 100-239.4 of the Zoning Code. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT permission in the Matter of the Application of JOHN G. AND MARIA ELENA A. BRIM to locate a 60 ft. by 120 ft. tennis court with 10 ft. high fence around its perimeter as shown on the layout plan as amended May 12, 1992, prepared by Chandler, Palmer & King, L.S. and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no lighting which would be adverse to neighboring properties or traffic; P~ge 19_ Appl. No. 4111 Decision Rendered June 4, 1992 Matter of JOHN AND ELENA BRIM 2. That screening to the edge of the easterly driveway area be planted and maintained along the easterly section of the proposed tennis court fence for a minimum height of six feet. Such screening shall be ivy or similar vines, or evergreens 6 to 8 ft. apart. (Alternative screening may be substituted by the ZBA Chairman, when requested in writing). 3. That screening along the southerly yard area (front yard and southeasterly corner) adjacent to the tennis court be planted and maintained for a minimum height of five to six feet. Such screening shall be staggered evergreens (or similar plantings as may be approved by the ZBA Chairman, when requested in writing). 4. That the setbacks from the easterly property line shall not be less than 10.2 feet (as shown on the initial site plan) and not less than 29 feet to the nearest wetland edge {flagged by the DEC}. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk Page 20 - Minutes of June 4, 1992 Regular Meeting and Hearings Southold Town Board of Appeals ACTION OF THE BOARD OF APPEALS Appl. No. 4108. Application of DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use,"_ ~ ',.~'.~l~lJu*~,s.;'...I.u~.;. with the single-fs~mily residency- by u~a~ owner. This use is to be accessory and subordinate to the principal residential use, is for the rental of not more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property: 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, NY; County Tax Map Parcel No. 1000-74-3-11. W~EREAS, a public hearing was held on June 4, 1992, at which time all those desiring to be heard were heard and their testimony recorded; and WJEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. REQUEST FOR CONSIDERATION: By this application, a Special Exception is requested for a "Bed and Breakfast" establishment, accessory to the applicants/owners' residence and occupancy, for the rental of two bedrooms for lodging and serving of breakfast to not more than five casual and transient roomers, which will be incidental and subordinate to the principal single-family dwelling use of the existing dwelling as provided for by Article III, Section 100-30B(16) of the Zoning Code. 2. SITE LOCATION: The premises in question is located along the south side of the Main Road in the Hamlet and Town of Matter of DANIEL & PAMELA TUTHILL June 4, 1992 Regular Meeting Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 74, Block 3, Lot 11. 3. LAND & BUILDINGS: The subject premises is improved with a principal two-story (single-family) dwelling structure, and separate accessory building located in the rear yard area. The dwelling structure is shown to be set back 43-1/2 feet from the front property line along County Route 48 and 83+- feet from the easterly property line along Carroll Avenue. The subject premises is a corner lot with an existing driveway from each Carroll Avenue and the County Road. At least six (6) parking spaces having a size of 9' x 19' are to be located on the premises (near the accessory barn structdure). (See sketch provided by the applicants.) 4. PERMITTED ZONE: This property is presently located in the "R-40" Residential and Agricultural Zoning District and has an area of approximately 1.386 acres. The only principal use of the premises is for single-family dwelling use, which will not change by the grant of this Special Exception for an accessory "Bed and Breakfast Use." 5. USE STATUS: Certificate of Occupancy No. Z10871 dated February 5, 1982 has been submitted for the record showing that a private one-family dwelling and wooden barn accessory structure have existed since prior to April 23, 1957 (the date of the enactment of zoning in S0uthold Town). The certificate was issued to Gerard M. Lang and Marilyn K. Lang, his wife (owners from 1973 to 1982). 6. GENERAL STANDARDS: In considering the standards set under Article XXVI, Section 100-263, the Board finds and determines: (1) the proposed accessory use will not prevent the orderly and reasonable use of legally established uses of adjacent properties or of properties in adjacent use districts; (2) this accessory use will not adversely affect the safety, health, welfare, comfort, convenience, or order of the Town; (3) the use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance; and (4) that the subject building is readily accessible for fire and police protection having direct access along a major highway and a major town road. Additionally, the Board has also considered Section 100-264, subsections (a) through (p) of the Zoning Code. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Villa, it was ~''Page 22- Appl. No. 4108 Matter of DANIEL & PAMELA TUTHILL June 4, 1992 Regular Meeting RESOLVED, to GRANT a Special Exception for an Accessory Bed and Breakfast Use in accordance with the requirements of Article III, Section 100-30B(15) {from Article IIIA, Section 100-30A.2-A} of the Zoning Code as applied in the Matter of the Application of JOHN H. and GAYLE BIRKMIER under Application No. 4043, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Minimum of six (6) parking spaces, as applied; 2. No accessory apartment shall be permitted (per Local Law No. 3-1989). {It should be noted that there shall be no selling of retail Goods, and there must be "owner-occupancy,,, i.e. the owner must occupy same as his/her residence}. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted, Page 23 - Minutes of June 4, 1992 Regular Meeting and Hearings Southold Town Board of Appeals ENVIRONMENTAL DECLARATIONS (SEQRA): On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to declare the following Environmental Declarations as noted on the following pages, which determinations are issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law %44-4 of the Town of Southold: (Agenda Item III-A through J) TYPE II PROJECTS coordination and processing not applicable): 1. Renee Pelletier - Raised wooden walkway, Peconic. 2. Margaret Leahy - Type II. 3. Lucien Arcas (John Rowan). Type II. 4. John and Marie Brim. Type II. 5. John J. Fiore. Type II. 6. Henry and Betty Hintze. Type II. 7. Lawrence P. and Marilyn Higgins. 8. Antonio Vangi. Type II. 9. Thomas Coffin. Type II. Type II UNLISTED ACTION: 10. Daniel and Pamela Tuthill (Continued on next page). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Dinizio and Villa. This resolution was duly adopted. Page 24 - Minutes of June 4, 1992 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 4, 1992 Appeal No. 4108 Project Name: Daniel & Pamela Tuthill County Tax Map No. 1000- 73-3-11 Location of Project: 32660 CR 48 and Carroll Ave., Peconic, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to establish a "Bed and Breakfast" This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes'to assume Lead Agency status and urges coordinated written co~uents by your agency to be submitted with the next 20 days. {)~} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has · declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site ia~provements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please ,contact the Office of the Board of Appeals, Town Hall, Main-Road, Southold, NY 11971 at (516) 765-1809. Page 25 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 Minutes of June 4 1992 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE II ACTION DECLARATION SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 4, 1992 Appeal No. 4111 Project/Applicants: County Tax Map No. Location of Project: John & Marie Elena Brim 1000- 4-3-3 Pvt. Rd. off East End Ave., Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate accessory tennis court partly in the front and side yard and with an insufficient setback from nearest wetlands This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall '= Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Page 26 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 Minutes of June 4, 1992 BOARD OF APPEALS TOWN OF SOUTHOLD · SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 4, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4110 Project/Applicants: County Tax Map No. Location of Project: Thomas E. Coffin 1000-35-4-5 (now 28.25) 305 Gull Pond Lane, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition within 75' of existing bulkhead This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the T~rpe II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc page 27 - Minutes of APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Origonis, Jr. Serge Doyen, .Ir. 3ames Dinizio, .Ir. Robert A. Villa TelePhone (516) 765-1809 June 4, 1992 BOARD OF APPEALS TOWN OF SOUTHOLD · SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 4, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4105 Project/Applicants: County Tax Map No. Location of Project: John J. Fiore 1000- 91-1-5 3100 Cedar Beach Rd. Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate swimmingpool and fence enclosure in an area other than the required rear yard This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of $outhold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Page 28-h - Minutes ofJune 4~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD , SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 4, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4106 Project/Applicants: County Tax Map No. Location of Project: Lawrence & Marilyn Higgins 1000- 115-11-6 830 Lupton Point Road, Mattituck, NY Relief Requested/Jurisdiction Before Thi~Bo~ in ~?)~ Project: Permission to expand deck by approximately ~ sq. ext~nolng the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of existing bulkhead This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc ~age 28-6- Minutes of June 4, 1992 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 4, 1992 S.E.Q.R.A. TYPE IZ ACTION DECLARATION Appeal NO. 4104 Project/Applicants: County Tax Map No. Location of Project: Antonio Vangi 1000- 83-1-7 645 Glen Court, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition to dwelling with a reduced easterly side yard and within 100 feet of the top of the sound bluff This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13{a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, $outhold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. page 29 - Minutes of June 4, 1992 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4112 Project/Applicants: County Tax Map No. Location of Project: Hnery & Betty Hintze 1000- 53-1-15 ROW off Pipes Neck Road, SCO'UFL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 4, 1992 Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Deck addition within 75' of existing bulkhead and small accessory shed in the front yard area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of $outhold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Page 30 Minutes of June 4, 1992 APPEALS BOARD MEMBERS Gerard P. {3oehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James DinirAo, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 4, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4109 Project/Applicants: County Tax Map No. Location of Project: Margaret Leahy 1000- 35-5-8 1185 Wiggins Lane, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct deck addition to front porch with an insufficient front yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall - Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc ~age 31 Minutes of June 4, 1992 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 4, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4107 Project/Applicants: County Tax Map No. Location of Project: Renee Pelletier 1000-67-6-4 550 Fasbender Ave., Peconic, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct a raised wooden walkway extending from the front ~oor to the existing side deck. The propsed walkway is five feet in width, located with an insufficient front yard setback. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of $outhold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13{a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at {516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Page 32 - Minutes of June 4, 1992 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD . S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4101 Project/Applicants: John Rowan/Lucien Arcas County Tax Map No. 1000- 50-2-16 Location of Project: 435 Soundview Ave. Ext., SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 4, 1992 Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Deck addition with an insufficient setback from the northerly property line This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc Page 33 -Minutes of June 4, 1992 Regular Meeting and Hearings Southold Town Board of Appeals UPDATE: CELLULAR TELEPHONE (METRO ONE). Article 78 determination. The Board Members indicated that their previous request to have this determination appealed has not changed and has been confirmed with the Town Attorney. Motion was made by Chairman Goehringer, seconded by Member Grigonis, to send a further request to the Town Attorney for an update on this pending appeal; and if not already perfected, that steps be taken to perfect an appeal (by court motion or as otherwise may be necessary). Vote of the Board: Ayes: Messrs. Doyen, Grigonis, Villa and Goehringer. (Member Dinizio abstained from vote.) This resolution was duly adopted. It was further noted that this matter is not authorized at this time to be advertised for a final public hearing and determination until consent has been obtained from the Legal Department of the Town (Town Attorney). UPDATE: ANTONIO VANGI (see earlier hearing of tonight). The Secretary asked whether the Board preferred to require that the Town readvertise the hearing notice at this point in time for the June 30, 1992 calendar (to emphasize the need for a front yard setback reduction). The Chairman and Board Members indicated that a readvertisement for the front yard setback was not necessary under the circumstances. CORRESPONDENCE: William and Richard GOODALE. A letter was received from J. Kevin McLaughlin, attorney for the Goodale's concerning what appears to be a request to reduce filing fees or a waiver of future fees charged for the filing of new applications (premises at N/s Main Road, Mattituck). The last filing fee paid to the Town Clerk was $500.00 (combined fee) for both a Special Exception application and a lot area variance application. The application was denied for the Special Exception for lack of adequate proof, etc. as noted in the Board's decision. Alternative relief was granted for the variance. The applicant will decide whether to return for future applications (which may involve other considerations under the site plan buffer regulations not previously addressed by the ZBA, and which would be filed at the choice of the applicant). A Special Exception filing fee is $300.00. The one time fee has been $500.00 for a one-time submission for multiple requests. The minimum application fee is $300.00 for other variance relief. (See code provisions for fees.) Page 34 - Minutes of June 4, 1992 Regular Meeting and Hearings Southold Town Board of Appeals BRIEF DISCUSSION: Agenda Item of May 7, 1992 with drafted letter. Member Villa indicated that, after speaking with one or more Planning Board Members, he has an objection for retail sales at premises located at the corner of Elijah's Lane and the N/s Main Road, Cutchogue. The letter was sent on May 8, 1992. At this late point in time, it was determined that it would not be appropriate to withdraw the May 7, 1992 letter. However, it would not be improper for member(s) of the Planning Board to address the Building Inspector before proceeding to determine whether or not there is a need for a use variance or other consideration at this time. The applicant is proposing to change the use from assembly of auto parts, etc. to sales of auto parts (with or without assembly services). It has been found that Planning Board staff persons have been referring persons to the ZBA rather than the Building Inspector. (The correct procedure is for the applicant to make an application to the Building Department or make inquiries through the Building Inspector.) The applicant would then be able to receive a Notice of Disapproval and make a complete application to the appropriate departments. Other sample situations are: Wine Festival in an R-80 zone verses accessory gazebo project; nautical gift shop in an LIO Zone in Greenport; and other inquiries. Attempts will be made by the ZBA staff to instruct the Planning Board staff and others persons to follow the normal appeal procedure. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. The meeting adjourned at 11:00 p.m. Respectfully submitted, -' / ,. /. 'z/ // LJf~da Kowalski ~pproved %. 6~2 / AND FILED BY · ~Z SO~IH~LD TOWN C~K Town Clerk, [['c'~,,'n c,{ Southold