HomeMy WebLinkAboutZBA-11/09/1992APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
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
MINUTES
REGULAR MEETING
MONDAY, NOVEMBER 9, 1992
7:15 p.m. Work Session (Reviews of pending applications on the
agenda. No formal action was taken.)
A Regular Meeting was held by the Southold Town Board of
Appeals on MONDAY, NOVEMBER 9, 1992 at the Southold Town
Hall, 53095 Main Road, Southold, New York 11971.
Present were:
Gerard P. Goehringer, Chairman
Serge Doyen, Jr., Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Richard C. Wilton, Member
Harvey A. Arnoff, Town Attorney
Linda Kowalski, Board Clerk
The Chairman opened the Regular Session at 7:30 p.m. and
welcomed everyone in the audience. At this point, public
hearings commenced and the Chairman read the Legal Notices for
the record in the following order:
I. PUBLIC HEARINGS were held in each of the following matters,
and unless otherwise indicated below, testimony was received and
the hearings concluded. (Please see verbatim transcripts of all
testimony which has been prepared under separate cover and
attached for reference-convenience purposes):
7:32 p.m. Appl. No. 4099 - Application of CHARLENE EDWARDS
for a Variance to the Zoning Ordinance, Article XXIII, Section
Page 2 - Minutes
Southold Town Board of Appeals
Regular Meeting of November 9,
1992
(PUBLIC HEARINGS, continued:)
100-239.A for approval of deck extension between existing deck
and stairs along the bluff of the Long Island Sound. Location
of Property: 880 Salt Marsh Lane, Peconic, NY; County Tax Map
Parcel No. 1000-68-3-8.2. The size of this lot has a total
area conforming to the requirements for this R-40 Zone
District.
7:38 p.m. Appl. No. 4134 - Application of INDEPENDENT
GROUP HOME LIVING PROGRAM, INC. (IGHLP) appealing the June 30,
1992 Notice of Disapproval issued by the building inspector, for
relief under Article XXIII, Section 100-231(B) of the Zoning
Ordinance for the placement of fencing at more than the 6-1/2
ft. height limitation {proposed height: 8 ft.}. Location of
Property: 52550 Main Road, Southold, NY; County Tax Map Parcel
No. 1000-61-3-1.
7:42 p.m. Appl. No. 4137 - Application of JANE C. PEACE
appealing the October 19, 1992 Notice of Disapproval issued by
the building inspector, for relief under Article IIIA, Section
100-30A.3 for the placement of a raised concrete patio extension
with awning at a setback of less than the required 35 feet from
the front property line along Reydon Drive. Location of
Property: 40 Grove Drive at Intersection with Reydon Drive,
Southold, Reydon Shores, Section H, Lot 23, 24 & 1/2 of 22;
County Tax Map Parcel No. 1000-80-4-17.1.
7:50 p.m. Appl. No. 4098 - Application of TONY AND MARIA
KOSTOULAS for a Variance to the Zoning Ordinance, Article
XXIII, Section 100-239.4 for approval of deck extension (at or
near ground level) and fence, as exists, near the L.I. Sound
bluff. 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. (Hearing was previously postponed for Town Trustees
action on Coastal Zone Permit jurisdiction). Appearances were
made by the applicants and their attorney, William Moore, who
was retained this date and who requested a further postponement
to review all agency applications pending concerning this
property. A postponement was granted as requested until the
next meeting, December 3, 1992.
7:55 p.m. Appl. No. 4136 - Application for GEORGE
BITSAKIS AND OTHERS (Owners) for a Variance under Article
XXIII, Section 100-239.4A for permission to construct addition
and reconstruct existing dwelling structure areas located within
100 feet of the L.I. Sound bluff or bank. Location of
Property: 57065 C.R. 48, Greenport, NY; County Tax Map Parcel
No. 1000-044-2-1. This property is nonconforming as to total
lot area in this R-40 Zone District.
Page 3 - Minutes
Southold Town Board of Appeals
Regular Meeting of November 9,
1992
(PUBLIC HEARINGS, continued:)
7:57 p.m. Appl. No. 4132-B - Application of SPECTACLE
RIDGE, INC. to include, as amended, a request for relief under
Article III, Section 100-3iA(i) (and/or Section 100-31C
pertaining to accessory uses) to permit residential second-floor
use for family member of a proposed accessory building, in
conjunction with the use of the proposed principal single-family
residence. Location of Property: 14990 Oregon Road, Cutchogue,
NY; County Tax Map Parcel No. 1000-084-01-02. This property is
located in the "Agricultural-Conservation (A-C)" Zone District,
and is presently before the Southold Town Planning Board
concerning a change of lot line and before the Farmland
Development Rights on 17+- acres, leaving 2+- acres for one (1)
principal dwelling use per two acres of land area.
8:18 p.m. Ref. File No. 4122-B. Rehearing for ROBERT H.
and KATHRYN B. DEXTER under Article XXIII, Section 100-239.4B
for a rehearing, or in the alternative, new Application for a
deck extension, as modified, plus second-story overhang, all to
be located within 75 feet of the lower bulkhead along Great
Peconic Bay. Location of Property: 8380 Great Peconic Bay
Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-26-1-20.
On motion by Chairman Goehringer, seconded by Member Dinizio,
and unanimously carried, a rehearing was granted on the original
application. The hearing continued, and following all
testimony, the following action was taken:
(Please see next page for determination and findings.)
End of hearings.
B (Agenda Item): DELIBERATIONS/DECISIONS, continued as follow:
Page 4 - Minutes
Southold Town Board of Appeals
Regular Meeting of November 9,
1992
ACTION OF THE BOARD
Rehearing Granted 11/9/92 on:
Appl. No. 4122-B in the Matter of the Application of ROBERT
H. AND KATHRYN B. DEXTER. Variance to the Zoning Ordinance,
Article XXIII, Section 100-239.4B for permission to construct
deck addition to dwelling within 75 feet from the bulkhead.
Location of Property: 8380 Great Peconic Bay Boulevard, Laurel,
NY; County Tax Map Parcel No. 1000-126-11-20. The subject
parcel is substandard in size and is located in the R-40 Zone
District.
WHEREAS, all the Members of the Board voted to re-hear this
application, at a public hearing, held on November 9, 1992, and
at said hearing all those who desired to be heard were heard and
their testimony recorded (and no public opposition was submitted);
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,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1. By this application, appellants seek a variance under
Article XXIII, Section 100-239.4B for permission to construct an
open deck, as modified in the drawings submitted October 26, 1992
extending 10 feet at the southeasterly corner from the house and
extending 16'6" at the southwesterly corner from the house,
inclusive of a proposed five (5') ft. overhang at the second
floor. The setback between the southeasterly portion of
proposed deck and the lower bulkhead is closest at 55 feet. The
remaining areas of the proposed deck and the new step area are
also to be maintained at 55 feet (or greater). The total length
of the deck is shown to be 53'11" on the sketch prepared by
Robert H. Dexter, P.E. dated October 22, 1992.
2. The premises in question is identified on the Suffolk
County Tax Maps as District 1000, Section 126, Block 11, Lot 20,
contains a total lot area of approximately 31,000 sq. ft. and lot
width of 100.0 feet.
Page 5 - Appl. No. 4122 - Rehearing
Matter of ROBERT AND KATHRYN DEXTER
Decision Rendered November 9, 1992
3. The dwelling which exists is presently set back
approximately 180 feet from its northwest corner of the house to
the front (northerly) property line. The distance between the
rear of the house and the second, lower retaining/bulkhead along
Great Peconic Bay appears to be approximately 60 feet. The copy
of a survey submitted has a reduced scale and the certified
distances were not provided by the surveyor at the time that map
was prepared November 9, 1987. It should be noted, however, that
there are two bulkheads, the lower bulkhead is 12 feet farther
from the house than the upper bulkhead.
4. Article XXIII, Section 100-239.4B of the Zoning Code
requires all buildings and structures located on lots upon which
a bulkhead, concrete wall, rip-rap or similar structure exists
and which is adjacent to tidal water bodies other than the Long
Island Sound to be set back not less than seventy-five (75) feet.
5. It is noted that there are existing structures with
setbacks similar to that of the dwelling currently. The lot to
the west (now of Pillai) has a pool which appears to be at 55
feet from the lower bulkhead area, with the pool fencing at a
closer setback. The lot to the east (now or Cervon) has an
existing dwelling which appears to be set back approximately
52 feet from the lower bulkhead area. This information was taken
from the maps on file under Appeal No. 4042 (Cervon) which was
denied for a reduction in the bulkhead setback on September 12,
1991, and Appeal No. 3270 dated October 11, 1984 (Pillai). The
Dexter dwelling, as mentioned in paragraph #1, appears to be
situated at 60 feet (or slightly more) from the lower bulkhead at
its closest points.
6. It is the position of the Board that the amount of
relief requested for the open deck, as modified, with a setback
at the revised, greater setback of 55 feet is not substantial.
It is also the position of this Board that in considering this
application:
(a) the relief requested is the minimum necessary to
afford relief, there being no other alternative for appellants to
pursue other than a variance;
(b) the relief, as requested for a reduction to 55
feet, as an alternative to the original request, is more
consistent with the essential character of neighboring waterfront
properties immediately in the vicinity of this parcel;
(c) the nonconformities of the property size and
setbacks of the existing dwelling lend to the difficulties and
uniqueness in this project;
Page 6 - Appl. No. 4122 - Rehearing
Matter of ROBERT AND KATHRYN DEXTER
Decision Rendered November 9, 1992
(d) the variance would not in turn set a precedent and
will be adverse to the safety, health, welfare, comfort,
convenience or order of the intent of the zoning regulations of
the Town;
(e) in view of all the above, the interests of justice
will be served by granting the relief as alternatively modified.
Accordingly, on motion by Chairman Goehringer, seconded by
Member Wilton, it was
RESOLVED, the relief requested under Appeal No. 4122-B in
the Matter of ROBERT H. AND KATHR~N B. DEXTER, be and hereby is
APPROVED AS MODIFIED. (Please see paragraph #l, supra, for
details of deck extension and sizes.)
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was unanimously
adopted.
Page 7 Appl. No. ~37
Matter of JANE C. PEACE
Decision Rendered November 9,
1992
ACTION OF THE BOARD OF APPEALS
Appeal No. 4137:
Application for JANE C. PEACE appealing the October 19,
1992 Notice of Disapproval issued by the building inspector, for
relief under Article IIIA, Section 100-30A.3 for the placement
of a raised concrete patio extension with awning at a setback of
less than the required 35 feet from the front property line
along Reydon Drive. Location of Property: 40 Grove Drive at
Intersection with Reydon Drive, Southold, Reydon Shores, Section
H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No.
1000-80-4-17.1.
WHEREAS, a public hearing was held on November 9, 1992 and
at said hearing 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 as well as the
surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question:
(a) is located in the "R-40" Low-Density Residential
Zone District and is a corner lot having a nonconforming lot
area of 14,003 sq. ft.;
(b) is identified o~ the Suffolk County Tax Maps as
District 1000, Section 80, Block 4, Lot 17.1;
(¢) is improved with a two-story frame house with rear
deck and front concrete patio areas, all as shown on the survey
plan prepared October 27, 1992 by Roderick VanTuyl, P.C., Lasd
Surveyor.
2. The applicant requests relief for the construction of
raised concrete patio area with awnings at the westerly side of
Page 8 - Appl. No. ~37
Matter of JANE C. PEACE
Decision Rendered November
9, 1992
the dwelling facing Reydon Drive. The setback requested is 25
feet, which is ten (10) feet closer than the required 35 feet.
Areas which are flush with the ground are not defined as
"building area" and do not require relief.
3. The property has two front yards and is unique in 'its
configuration, general layout and location in this subdivision
known as "Reydoy Shores, Section H."
4. The concrete patio area with awning located with a
reduction to 25 feet to the westerly front property line, at its
closest point, will not be adverse to the community, will not
create a dangerous condition or interfere with the movement of
traffic at this minor-street intersection.
5. The aesthetics of the front yard area will not be
changed since its use will be limited to the landscaped front
yard area.
6. In considering this application, the Board also finds:
(a) that the relief, as conditionally noted below,
will not be adverse to the essential character of the neighbor-
hood;
(b) that the relief, as conditionally noted below,
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 relief herein will not increase dwelling
unit density or cause a substantial effect on available
governmental facilities;
(d) that the request is not unreasonable and is the
minimum necessary under the circumstances;
(e)
interests of
applied for.
in considering all of the above factors, the
justice will be served by granting the relief,
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT a variance for the construction of a
raised concrete patio with awning with a setback at 25 feet at
its closest point to the westerly front property line along
Page 9 - Minudes
Southold Town Board of Appeals
Regular Meeting of November 9, 1992
(Decision, continued Jane C. Peace)
Reydon Drive, as shown on the October 27, 1992 survey prepared
by Roderick VanTuyl, P.C.
VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
DISCUSSION: Application of Spectacle Ridge, Inc.
concerning a new Notice of Disapproval recently issued by the
Building Inspector, as required, based upon the recent request
of Spectacle Ridge, Inc. for the proposed amendment for a second
residential use in the barn proposed in the front yard area, as
discussed during the previous hearing on October 15, 1992 and
tonight, for the front yard area variance. The amendment will
be for a "use variance" as well as an "area variance" (two
residential uses on 80,000 sq. ft. instead of the required
160,000 sq. ft. of land area). Applicants thought that the
Board would consider granting the variances since 18 acres will
be preserved for farmland as shown in the application filed with
the Preservation Committee of the Town. The ZBA agreed not to
require an additional filing fee for the following reasons:
(a) this is a continuation of previous discussions concerning
the subject barn, (b) a determination on the first portion of
the application has not yet been rendered, (c) the maximum fee
was paid ($500.00) and there was no break in time between the
two requests. Applicant did, however, file an amended
application, amended notices as required by law, and additional
maps for consideration.
Page 10 - Appl. No. 4132
Matter of SPECTACLE RIDGE, INC.
Decision Rendered November 9, 1992
ACTION OF THE BOARD OF APPEALS
Appeal No. 4132, Two-Fold Application Referred to as
Appl. 4132A and 4132B:
4132-A - Application of SPECTACLE RIDGE, INC. for a
Variance to the Zoning Ordinance, Article III, Section 100-33
for permission to locate accessory barn, accessory swimming pool
and cabana structure in areas other than the required rear yard,
and under Section 100-33A for permission to extend height of
barn above 18 feet. Location of Property: 14990 Oregon Road,
Cutchogue, NY; County Tax Map Parcel NO. 1000-084-01-02. This
property is located in the "Agricultural-Conservation (A-C)"
Zone District.
4132-B - Application of SPECTACLE RIDGE, INC. to
include, as amended, a request for relief under Article III,
Section 100-3iA(i) {and/or Section 100-31C pertaining to
accessory uses} to permit residential second-floor use for
family member of a proposed accessory building, in conjunction
with the use of the proposed principal single-family residence.
Location of Property: 14990 Oregon Road, Cutchogue, NY; County
Tax Map Parcel No. 1000-084-01-02. This property is located in
the "Agricultural-Conservation (A-C)" Zone District, and is
presently before the Southold Town Planning Board concerning a
change of lot line and before the Farmland Development Rights on
17+- acres, leaving 2+- acres for one (1) principal dwelling use
per two acres of land area.
WHEREAS, public hearings were held on October 15, 1992 and
November 9, 1992, concerning the above two-fold application, and
at said hearings 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, the current A/C Zoning,
and the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
Page 11- Appl. No. 4132
Matter of SPECTACLE RIDGE, INC.
Decision Rendered November 9, 1992
1. The property in question is situated along the
southerly side of Oregon Road, situate approximately 730 feet
west of its intersection with Bridge Lane, Cutchogue, as
identified on the Suffolk County Tax Maps as District 1000,
Section 84, Block 1, Lot 2.
2. This parcel contains a total acreage of approximately
19.07 acres; town assessment records show that it is improved
at the present time with a barn building used solely for
agricultural and farming purposes.
3. Pending with the Southold Town Planning Board is an
application for an alteration of lot line which would confirm an
exchange of property of 1.78 acres as shown on the survey map
prepared by Smith & Jung, L.S. dated August 26, 1992 from Land
of the Society for the Propagation of the Faith to Spectacle
Ridge, Inc., the applicant herein. This 1.78 acre strip is
shown to be 56 feet in width along Oregon Road and extends in
southerly direction 1403.70 feet, and is being merged with the
19.07+- acres of Spectacle Ridge, Inc. for a total land area of
20.8627 acres. The two acres designated on the map is shown for
the purpose of applying land area for a new dwelling. Further
application may be under review before the Southold Town
Planning Board for this two acre tract, as proposed, apart from
the entire 20.8627 acres, as well as an application pending
under the Southold Town Land Preservation Program for possible
acceptance of 18.7918 acres for land preservation.
4. By this application, a variance is requested for
permission to:
(a) locate an accessory 20' x 40' swimming pool with
accessory (cabana-type) building, all enclosed and as shown on
the September 11, 1992 map prepared by Garrett A. Strang,
Architect, for Mr. and Mrs. Mark Lieb - Drawing SP-1, Project
No. 92-10, in the west side yard area of the proposed dwelling,
approximately 395 feet distant from the front property line
along Oregon Road and approximately 123 feet from the most
easterly property line;
(b) locate an accessory barn building in the northerly
front yard, of the proposed dwelling, with a setback at least
200 feet from Oregon Road and at least 35 feet from the most
easterly property line (Ref. September 11, 1992 map prepared
by Garrett A. Strang of building layout);
(c) increase height of the accessory barn building
from the maximum 18 ft. height requirement to 30 feet high (from
ground level to the top of the roof);
Page 12- Applo No. 4132
Matter of SPECTACLE RIDGE, INC.
Decision Rendered November 9, 1992
(d) convert the proposed accessory barn building to
residential family use on the second floor of 1700 sq. ft.
5. SETBACKS OF ACCESSORY BUILDINGS. Article III, Section
100-33 of the Zoning Code provides:
"...accessory buildings and structures or other
accessory uses shall be located in the required
rear yard, subject to the following requirements:
A. Such buildings shall not exceed eighteen
(18) feet in height... "
6. ONE DWELLING USE PER 80,000 SQ. FT. OF LAND AREA.
Article III, Section 100-31A(1) provides:
"...A. Permitted uses.
(1) One-family detached dwellings, not to
exceed one (1) dwelling on each lot...
(2) The following agricultural operations and
accessory uses thereto, including irrigation,
provided that'there shall be no storage of
manure, fertilizer or other odor- or dust-
producing substance or use, except spraying
and dusting to protect vegetation...
(c) Barns, storage buildings, greenhouses
including plastic covered) and other
related structures, provided that
such buildings shall conform to the
yard requirements for principal
buildings.
7. ACCESSORY USE PROVISION. Article III, Section 100-31C
provides:
"...C. Accessory uses, limited to the following uses
and subject to the conditions listed in
Section 100-33 herein:
(1) Any customary structures or uses which
are Customarily incidental to the principal
use, except those prohibited by this
chapter.
8. BULK SCHEDULE. The Bulk, Area and Parking Schedule for
this Agricultural-Conservation (A/C) Zone District requires a
minimum land area for each principal dwelling or other principal
use at 80,000 sq. ft. The applicant has not confirmed any
intention to reserve 160,000 sq. ft. of land area for two
principal uses, and although 80,000 sq. ft. is being reserved
Page 13- Appl. No. 4132
Matter of SPECTACLE RIDGE, INC.
Decision Rendered November 9, 1992
for one principal (dwelling) building, the remaining land area
of 19+ acres is being sold and contracted for land
preservation. Therefore, the hardship created in this request
for a second residential unit on less than 160,000 sq. ft. of
land area is self-imposed and must be denied. In the event the
owner decides not to proceed with the land preservation
agreement and decides to allot 160,000 sq. ft. of land area for
two principal uses (two residential uses on one lot), the Board
has no objection to a new, separate application for
consideration.
9. ACCESSORY BUILDINGS AND THEIR LOCATION. Although the
difficulties claimed are being self-imposed by the applicant in
placing the dwelling at a distance near the rear yard, it is the
opinion of the Board Members that the proposed location of the
accessory pool and accessory barn structure in the areas shown
on the plans under consideration are not unreasonable and more
than adequately meets all setbacks in the code, even those more
restrictive, i.e. principal setbacks.
10. AREA SETBACK STANDARDS. In considering this
application pertaining to the yard location of the accessory
buildings, the Board finds:
(a) that the essential character of the neighborhood
will not be adversely affected; there are no dwellings or other
principal structures in close vicinity of the subject premises;
(b) that the relief as granted 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 limited relief granted will not be an
increase in the permitted single-family use density, or cause
a substantial effect on available governmental facilities;
(d) that the amount of relief granted, and
conditioned, is the minimum necessary;
(e) in considering all of the above factors, the
interests of justice will be served by granting setback relief,
as conditionally noted below.
11. USE STANDARDS. However, in considering the
application as it pertains to a residential use of the
floor (1700+- sq. ft.) of the proposed "accessory barn
building," the Board finds:
second
(a) that there will be an increase in dwelling unit
density double that expressly authorized on two acres of land;
Page l4 - Appl. No. 4132
Matter of SPECTACLE RIDGE, INC.
Decision Rendered November 9, 1992
safety,
town;
(b) that the relief will in turn be adverse to the
health, weflare, comfort, convenience and order of the
(o) that the use of the property is authorized one
dwelling on two acres, and a two-family use may be permitted by
Special Exception with four builder's acres (160,000 square
feet);
(d) the hardship created is personal to the landowner
and is not related to the land and its zoning;
(e) the applicant is presently negotiating a contract
with another agency of the Town to sell the rights of the
remaining 18 acres, as well as a contract to convey two acres
for individual ownership (to Lieb) from the corporation
(Spectacle Ridge, Inc.), and has an option to modify either or
both agreements in order to apply four acres of land for
two-family dwelling use;
(f) that the property does and will continue to yield
a reasonable return for the uses presently existing as well as
the one-family dwelling use proposed;
(g) that the grant of two dwelling uses in two
separate structures will in turn alter the essential character
of the town by setting precedents for personal hardships;
(h) that acceptable proof of significant economic
injury was not submitted;
(i) that the relief requested is substantial in
relation to the requirements, being a variance of 100%;
(j) that the benefit sought by the applicant can be
achieved by some feasible method other than a variance;
(k) that the difficulty claimed is self-created.
Accordingly, on motion by Mr. Goehringer, seconded byMr.
Doyen, it was
RESOLVED, to DENY the variance requested for a residential
use in the proposed accessory (barn) building; and BE IT
FURTHER RESOLVED, to GRANT relief to locate an accessory
swimming pool with cabana and fence enclosure in the westerly
side yard area and to locate an accessory (barn) building in the
northerly front yard area with the height as shown on the
elevation rendition prepared by Garrett A. Strang, as more
Page 15 - Appl. No. 4132
Matter of SPECTACLE RIDGE, INC.
Decision Rendered November 9, 1992
particularly described in the above findings at paragraphs 4(a),
4(b), and 4(c) only, SUBJECT TO THE FOLLOWING CONDITIONS:
1. The accessory barn building be use for storage and
purposes normally incidental to operation of the vineyard and
related agriculture-farming, or accessory storage use
incidential to the principal residence;
2. The accessory barn building shall not be used for
sleeping or living quarters.
3. Modification of the sizes, heights, or general location
of the subject accessory structures shall be subject to approval
of the Chairman of the Board of Appeals prior to issuance of
building permits.
VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
Page 16 - Minutes
Southold Town Board of Appeals
Regular Meeting of November 9,
1992
ACTION OF THE BOARD OF APPEALS
Appl. No. 4130: Application of D. CANTOR and C. HOCH~AUM.
Variance to the Zoning Ordinance, Article III, Section 100-33
for permission to locate accessory garage for (storage) purposes
incidental to the existing single-family residence in an area
other than the required rear yard. Location of Property 8170
Skunk Lane (a/k/a Bay Avenue), Cutchogue, NY; County Tax Map
Parcel No. 1000-104-8-3.1. This parcel is located in an "R-40
Low-Residential" Zone District.
WHEREAS, after due notice, a public hearing was held on
October 15, 1992, and at said hearing 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; a~d
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 appeal of the August 20, 1992 Notice of
Disapproval by the Building Inspector which rejected a~
application for a permit to construct an accessory garage in the
front yard area on the following grounds: "...accessory
buildings and structures or other accessory uses shall be
located in the required rear yard. Article III, Section
100-33 .... "
2. The premises in question is located in the R-40
Low-Residential Zone District. The survey submitted for
consideration shows that the premises is improved with an
existing one-story frame dwelling with attached carport. This
principal building is shown to be set back 95 feet from the
front property line along Bay Avenue, approximately 78 feet from
the (rear) average high water mark of Broadwaters Cove, 39.9
feet from the easterly (side) property line, and 58 feet from
the westerly (side) property line. For the record, this parcel
is a described parcel consisting of at least one acre of land
Page 17 - Minutes
Southold Town Board of Appeals
Regular Meeting of November 9,
1992
(now Lot 3.1, Block 8) which adjoins other property (wetlands)
also of the applicant to the southwest (Lot 1, Block 8).
3. The plan dated September 21, 1992 submitted for
consideration and prepared by Fairweather/Brown Architects shows
the buildin~ proposed of a maximum size of 25 ft. wide by 25 ft.
deep. The building will be limited strictly for storage
purposes accessory and incidental to the owner-applicant's
residence. This building may not be used or operated~as a
principal use such as a business, residence or other type of
habitable unit, or for similar gainful purposes (such as rental
for non-owner storage, etc.). The maximum height of the
building is shown to be 20'4" with storage on the second
floor. Gas and water hook-ups are proposed on the second
floor, as well as an inside bathroom with tub, lavatory and Sink
counters. An outside shower is also proposed. The first floor
level will be strictly for parking of vehicles of the owner or
their guests. (Please see restrictions set by the Board in its
resolution, infra.)
4. The location of this accessory garage building is
requested with a setback of 25 feet from the northerly (front)
property line and 10 feet at its closest point from the westerly
side property line (on an angle). This new accessory building
is proposed to be 53 feet away from the principal dwelling.
5. It is noted that the existing (small) accessory shed in
the rear yard will be removed.
6. It is the position of the Board in considering this
application that:
(a) the circumstances are uniquely related t~ the
property; the rear yard area is technically that area between
the dwelling and Broadwaters Cove, which is low in elevation;
(b) there is no method feasible for appellant to
pursue other than a variance - particularly since the property
fronts along a waterway and will require possible variances from
the N.Y.S. Department of Environmental Conservation and permits
from the Town Trustees under the State and Town wetland
ordinances,'respectively.
(c) the relief is not substantial in relation to the
requirements;
(d) the variance requested does not involve any
increase of dwelling unit density and is not permitted to be
operated for sleeping or habitable purposes in any manner;
Page 18 - Minutes of November 9, 1992
Decision in the Matter of CANTOR & HOCHBAUM
(e) the relief requested will not cause a substantial
effect on available governmental facilities since the structure
is for enclosed parking and storage of the owner's own lawn and
other items;
(f) the relief requested is not unreasonable due to
the uniqueness of the property and the immediate area;
(g) the variance, as alternatively granted, 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 proposed building will be substantially
setback from the front property line at 40 feet {or more}.
Accordingly, on motion by Member Villa, seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT a Variance to locate a 25 ft. wide by
25 ft. deep accessory garage/storage building in the front yard
area as applied and SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the setback from the side property line not be
less than 10 feet with the angle shown on the plan submitted for
consideration; ~
2. That the setback from the front property line not be
less than 40 feet at its closest point;
3. That the building be limited to an accessory use f%r
garage or storage purposes incidental and related to the
principal dwelling use of the owner and not be operated for
gainful purposes (not for rental storage or other separate
business purposes), etc.
4. That the building height from ground to top (peak) not
exceed the limitations legislated in the zoning code {Unless
further appeal is made};
5. That there be no cooking facilities, plumbing or
utilities other than electric (no gas hook~up included);
6. That there be no sleeping or living quarters, as
restricted by the accessory provisions of the code in this R-40
Zone District;
7. That covenants shall be prepared and submitted for
acceptance, in legal recordable form outlining and restricting
the premises, in perpetuity, to those conditions set forth
above. Upon acceptance, the property owner shall have the
Declaration of Covenants and Restrictions recorded in the
Suffolk County Clerk's Office, with a conformed copy furnished
to the Board of Appeals for permanent reCordkeeping purposes.
Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa,
Wilton and Goehringer. This resolution was duly adopted.
Page 19_ Appl. No. 4~99
Matter of CHARLENE EDWARDS & E. POCHTRAGER
Decision Rendered November 9, 1992
Appl. No. 4099.
Application of CHARLENE EDWARDS for a Variance to the
Zoning Ordinance, Article XXIII, Section 100-239.4A for approval
of deck extension between existing deck and stairs along the
bluff of the Long Island Sound. Location of Property:
880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel No.
1000-68-3-8.2. The size of this lot has a total area
conforming to the requirements for this R-40 Zone District.
WHEREAS, a public hearing was held on November 9, 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 100-239.4A for approval of a northerly open-deck
addition from the existing bluff stairs to the existing rear deck
of the dwelling structure.
2. Under consideration in this variance request is an
extension of approximately 385 sq. ft. of actual new (open) deck
area near the bluff stairs. A rough sketch and photographs have
been submitted to show that area between the bluff stairs and the
dwelling structure under consideration. Also, board members have
personally visited the site and have viewed this deck extension
in the rear yard.
3. For the record it is noted that the following permits
have been found of record concerning this property:
a) Certificate of Occupancy No.·Z13933 dated
October 15, 1985 for a deck addition under Building Permit
Page 20 - Appl. N~. 4099
Matter of CHARLENE EDWARDS & E. POCHTRAGER
Decision Rendered November 9, 1992
No. 14346Z;
b) Certificate of Occupancy No. Z13573 dated July 1,
1985 for construction of a garage and storage building under
Building Permit No. 13908Z;
c) Certificate of Occupancy No. Z15065 dated Novem-
ber 3, 1986 for alteration of garage under Building Permit No.
14267Z.
4. The dwelling as exists is shown to be 26+- feet from the
platform at the top of the bluff. The property slopes
considerably downward from the top of the bluff with variations
in contours (45 feet above MSL, and less). On the beach side of
the bluff, the property is vegetated.
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. It is also noted for the record that Article XXIV,
Section 100-242A of the zoning code activates the need for a
variance when the degree of nonconformance is enlarged or
expanded. Although the present setback of the closest section of
the house to the bluff line is shown to be 26+- feet, there is no
waiver for expansions outside the footprint of the house and
within 100 feet of the bluff.
6. Applicant has or is presently in the process of filing a
complete application with the Southold Town Trustees requesting a
review under the Coastal Zone Management Act (Ch. 37) and/or
action under the Town Wetland Ordinance (Ch. 97) of the Southold
Town Code.
7. It is the position of this Board that in considering
this application:
(a) the relief requested is substantial in relation to
the requirements - however, this deck construction is landward of
an existing deck platform and stairs;
(b) this project under consideration is minor in that
it is a raised wooden deck which will not be disruptive or
destructive to the ground areas;
(c) the requested relief will not alter the essential
character of the neighborhood since there is construction already
existing with a similar or closer setbacks in the immediate area
on adjoining properties;
Page 21- Appl. No. 4099
Matter of CHARLENE EDWARDS & E. POCHTR~GER
Decision Rendered November 9, 1992
(d) the difficulties are uniquely related to the
property, its existing nonconformities, and its topography,
the difficulties claimed are not personal to the landowner;
and
(e) the amount of 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;
(f) there is no alternative for appellant to pursue
unless the appellant requested an in-ground patio through a
permit process with the Town Trustees, which is not more
feasible under the circumstances;
(g) 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. Goehringer, seconded by
Mr. Doyen, it was
RESOLVED, to GRANT a variance for the proposed addition to
existing dwelling as applied in the Matter of CHARLENE EDWARDS
and EDWARD POCHTRAGER under Appl. No. 4099, SUBJECT TO THE
FOLLOWING CONDITIONS:
1o That the 385+- sq. ft. deck addition (as constructed
without a permit) no~ be modified, enlarged, or otherwise
altered, enclosed or roofed;
2. That the use of the deck extension shall remain open,
unenclosed and unroofed at all times, as exists;
3. That there be no physical disturbance to or close to the
bluff area.
Vote of the Board: Ayes: Messrs. Doyen, Goehringer,
Dinizio, Villa and Wilton.
lk
GERARD P. GOEHRINGER-,~ CHAIRMAN
Page 2~ November 9, 1992
Appl. No. 4136 - George Bitsakis & Others
Southold Town Board of Appeals
Appeal No. 4136:
Application of GEORGE BITSAKIS AND OTHERS (Owners)
for a Variance under Article XXIII, Section 100-239.4A for
permission to construct addition and reconstruct existing
dwelling structure areas located within 100 feet of the L.I.
Sound bluff or bank. Location of Property: 57065 C.R. 48,
(Arshamomaque), Greenport, NY; County Tax Map Parcel No.
1000-044-02-.001. This property is nonconforming as to total lot
area in this R-40 Zone District.
WHEREAS, the verbatim portion (public hearing) of the
record was held on November 9, 1992; and
WHEREAS, at said hearing 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. The premises in question is:
(C.R.
area
(a) located along the northerly side of Middle Road
48), Greenport, Town of Southold, and contains a total lot
(nonconforming) of approximately 35,000 sq. ft.;
(b) identified on the Suffolk County Tax Maps as
District 1000, Section 44, Block 2, Lot 1;
(c) improved with: (1} an one story, single-family
dwelling structure set back at its closest point 64 feet from
the front (southerly) property line; 26 feet (more or less
within 12") from the westerly side property line, 28 feet from
· the easterly side property line; and 215+- feet from the front
property line, and {2} an one-story 24 by 20 ft. accessory
~' Pa~e 23_ November 9'1992
Appl. No. 4136 - George Bitsakis & Others
So~thold Town Board of Appeals
garage building located in the front yard area approximately 76
feet from the front property line and three feet from the
westerly side property line;
(d) a described, nonconforming parcel under the current
lot area and width requirements for this R-40 Zone District.
2. Appellants are requesting permission to construct an
addition at the northerly side of the dwelling with a setback at
74 feet from the bluff at its closest point. Also proposed is
the reconstruction of the dwelling, with the removal of the most
northerly portion of the dwelling, in order to maintain an
increased setback from the bluff at 74 feet. All other
structural changes will occur landward of of the coastal zone
erosion boundary line, as well as landward of this 74 ft.
minimum bluff setback. No other variances are requested at this
time since all other yard setbacks are planned to be in
accordance with the zoning code requirements.
3. 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.
4. It is also noted for the record that Article XXIV,
Section 100-242A of the zoning code activates the need for a
variance when the degree of nonconformance is enlarged or
expanded. 'Although the present setback of the closest section
of the house to the bluff line is shown to be 64 feet, there is
no waiver provision in the zoning code for expansions outside
the footprint of the house within 100 feet of the bluff.
5. Applicant has or is presently in the process of filing
a complete application.with the Southold Town Trustees
requesting a review or permit under the Coastal Zone Management
Act (Ch. 37) and/or action under the Town Wetland Ordinance (Ch.
97) of the Southold Town Code.
6. It is the position of this Board that in considering
this application:
(a) the relief'requested is not substantial and is
greater than the existing established setback;
(b) no disturbance to land areas is being proposed
between the bluff edge and the requested construction area;
Page 24_ November 9, 1992
Appl. No. 4136 - George Bitsakis & Others
Southold Town Board of Appeals
(c) the requested relief will not alter the essential
character of the neighborhood since there is construction
already existing with similar or closer setbacks in the
immediate area on adjoining properties;
(d) the difficulties are uniquely related to the
property, its existing nonconformities, and its topography;
the difficulties claimed are not personal to the landowner;
and
(e) the amount of 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;
(f) the relief as requested is the minimum necessary
and there is no reasonable alternative for appellants to pursue
under the circumstances;
(g) in view of all the above, the interests of
justice will be served by granting relief, as conditionally
noted below.
Accordingly, on motion by Member Villa, seconded by ~
Chairman Goehringer, it was
RESOLVED, to GRANT a Variance for the proposed dwelling
reconstruction and addition with a setback at not less than 74
feet to the top of the bluff.
Vote of the Board: Ayes: Messrs. Goehringer, Dinizio,
Doyen, Villa and Wilton. This resolution was duly adopted.
lk
Page 25 - Minutes
Southold Town Board of Appeals
Regular Meeting of November 9,
1992
ACTION OF THE BOARD
Appl. No. 4134.
Application of INDEPENDENT GROUP HOME LIVING PROGRAM, INC.
(IGHLP) appealing the June 30, 1992 Notice of Disapproval issued
by the building inspector, for relief under Article XXIII, Section
100-231(B) of the Zoning Ordinance for the placement of fencing at
more than the 6-1/2 ft. height limitation {proposed height: 8
ft.}. Location of Property: 40 Grove Drive at Intersection with
Reydon Drive, Southold, Reydon Shores, Section H, Lot 23, 24, and
1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1.
WHEREAS, a public hearing was held on November 9, 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, Board Members have personally viewed and are
familiar with the premises in question, its present zoning,
the surrounding areas; and
and
WHEREAS, the Board made the following findings of fact:
1. By this application, appellant is requesting approval of
the placement of a stockade fence extending within the easterly
side yard area, at a point near the front (northeasterly) corner
of the dwelling in a southerly direction, along the easterly side
of the dwelling and rear garage, into the rear (southerly) yard
area.
2. The premises in question contains a total lot area of
15,920 square feet as shown on the survey map prepared by Peconic
Surveyors, P.C. dated July 8, 1992. This property is located in
the Residential-Office (RO) Zone District and is a corner lot with
200 ft. street frontage (lot width) along Oaklawn Avenue and 85.0
ft. along the Main Road (S.R. 25).
3. The subject premises is improved with a two-story frame
dwelling structure situated approximately 30 feet from the front
(northerly) property line, 17.7 feet from the westerly (front)
Page 2~ Appl. No. 4134 ~
Decision Rendered N~vember 9, 1992
Matter of INDEPENDENT GROUP HOME LIVING PROGRAM, INC.
property line, and 11 feet from the easterly (side) property line
at its closest points. The premises is also improved with two
accessory buildings located and an asphalt parking area in the
rear yard.
4. Article XXIII, Section 100-231 of the Zoning Code
provides that:
Fences ... within five ('5) feet of the property
lines may be erected and maintained, subject to
the following height limitations:
A. When located in the front yard along the
front lot line, the same shall not exceed four
(4) feet in height.
B. When located along side and rear yards, the
same shall not exceed six and one-half (6-1/2)
feet in height.
C. When located other than in the front Yard
area or along side or rear lot lines, the same
shall not exceed eight (8) feet in height.
5. It is the position of the Board in considering this
application that:
(a) the practical difficulties are related to the land
and its use, and the height of the fence is for the purpose of
better privacy and more screening for neighboring lands as well;
(b) the relief is not substantial in reIation to the
requirement, being a variance from 6-1/2 feet to eight
feet;
(c) the relief as granted is intended for screening and
privacy purposes for nearby home(s);
(d) the relief, as alternatively, granted, is not
unreasonable and is due to the uniqueness of the property as noted
previously and the fact that this is a corner lot on two streets;
(e) although there is an alternative for appellants to
pursue, the appellants' request is not unreasonable, is the minimum
necessary, and is practical under the circumstances;
(f) the variance, as granted, will not in turn be adverse
to the safety, health, welfare, comfort, convenience, or order of
Page 27 - Minutes
Southold Town Board of Appeals
Regular Meeting of November 9,
1992
(IGHLP, Inc. decision, continued:
the town, will not be adverse to nelgb_boring properties, and
will not alter the essential character of the neigb_borhood.
Accordingly, on motion by Member Villa, seconded by
Member Dinizio, it was
RESOLVED, to GRANT relief permitting the fence height at
eight (8) feet, PROVIDED that the setback be not closer than 18"
from the side property line (as requested).
Vote of the Board: Ayes: Messrs. Wilton, Doyen,
Dinizio, Villa and Goehringer. This resolution was duly adopted.
UPDATE: Appl. No. 3913 - GUS WADE 280-A: Review and
comments by Z.B.A. Members of the second Draft Environmental
Impact Statement prepared by En-Consultants, Inc. for Gustave
Wade concerning property at Fleet's Neck, near East Road,
Cutchogue. The Board members authorized the Chairman to send
comments to the Town Trustees with the following information and
recommending that the DEIS not be accepted, as submitted:
Based upon reviews, it is the opinion of the Board of
Appeals that the DEIS document as submitted November 2, 1992, is
not acceptable for public and inter-agency review. Included
herein are specific comments pertaining to the document which
outline deficiencies which are in need of additional discussion,
clarification, documentation, and/or answers prior to circula-
tion to outside governmental agencies and public comment.
I. SUMb5%RY
The su3nmary should, of course, be amended to reflect
changes in the text based upon the following.
II. DESCRIPTION OF THE PROPOSED ACTION
Commencing at Page 4 - Background and History
a) with regard to permits, permit and permit renewals were
not attached. Expiration dates for each agency permit were not
furnished. Building permits are renewable for dwellings under
construction only; therefore, the building permits referenced
Page 28 - Minutes
Southold Town Board of Appeals
Regular Meeting of November 9,
1992
(Gus Wade - DEIS, continued:)
could not be renewed and apparently had expired some time ago.
Separate permit applications and reviews are subsequently
required.
b) N.Y.S. Department of Environmental permits were not
listed of record prior to 1982. No mention is made of effect of
building construction without N.Y.S.D.E.C. permits.
c) Background and history as well as the physical
conditions of the site and the surrounding lands at the time of
zoning (1957) and at the time of purchase, to the present time
period, need to be addressed.
d) Physical changes to the site and surrounding area
during all specific time periods were not adequately described
in detail, i.e. destruction and types of wetlands being
replaced with the stone blend, gravel, and other materials onto
the wetland area between East Road and the "island," and onto
the island upland areas, etc.
e) Reference is made to the claim that the island is no
longer considered an island. This is questionable since the
owner (Town) of the lands did not authorize the wetlands to be
filled in and did not authorize the island to become a part of
the mainland. Document should confirm o~rnership between the
"island" and East Road to be other than the applicant's.
Reference was made that this island is no longer being
considered an island. Clarification of this statement is
needed, substantiated by documentation as to how this was
arrived at, which shall include the Town's anticipated
re-opening of the channel at the end of East Road.
Pages 6-8
Reference was made to certain "accusations in a court
injunction" concerning a Town building permit in 1984 - 1985.
Copies of all Court Determinations should be attached, and
reference should be corrected to show that Court determined
building permit was ineffective and construction could not
begin. It should also be noted that a building permit could not
again be issued unless all other agency permits were obtained
and in full force and effect, as well as obtaining recognition
of access for emergency and other vehicles to the island as
provided under New York Town Law, Section 280-a.
Status of all agency permits, including those now expired and
not issued, must be listed. Copies of currently valid permits
(if any) should be attached in Appendix. This document must
Page 29 - Minutes
Southold Town Board of Appeals
Regular Meeting of November 9,
1992
(Gus Wade - DEIS, continued:)
confirm that there are currently no valid permits from any
governmental agency concerning the construction of a dwelling,
particularly since references mentioned are misleading.
Commencing at Page 15
Effects by adverse changes in weather conditions, flood high
tides, moon tides during storms, removal of unauthorized fill
between island and East Road have not been addressed.
Page 16
How will owner, service companies, etc. gain access to house
during freezing of creek and bay areas around island? Will
neighboring property be utilized?
Page 17
To what depths and what methods are being used to clear 6900 sq.
ft. of land as proposed (see December 15, 1988 survey)? Why is
6900 sq. ft. of land area needed to be cleared, rather than
substantially lesser areas if the house is 1260 sq. ft. in floor
area? Mitigation measures to reduce area of disturbance have
not been addressed adequately.
Page 19
Propane delivery is not adequately addressed - applicant may not
pipe underground on lands other than his own without express
written permission from the property owner. The distance at
its closest point from the island to East Road is 85 feet, or
more (not 65 feet as suggested). Propane lines and servicing is
therefore not feasible.
Page 20
What alternative areas of sanitary system have had dye studies,
and documents substantiating all studies of this island should
be attached.
Page 22
Contract between property owner and Cutchogue Harbor Marina for
access is not attached for consideration.
Also, information has not been submitted to show how, where and
what time periods and seasons, contractors, back-hoe operators,
and other building machinery or delivery trucks will be able to
gain access by water. Will heavy equipment operators be using
Page 30 - Minutes
Southold Town Board of Appeals
Regular Meeting of November 9,
1992
(Gus Wade - DEIS, continued:)
boat or barge access from and to the westerly section of East
Creek, or other sections?
Page 50
Noise levels of generator(s) with high and low time periods were
not submitted. Effects of shutting down of generators has not
been documented.
Commencing at Page 52 - System Impacts
Recharge figures may not be calculated on current standard
requirements for reverse osmosis system -- should be
re-confirmed with Health Department.
Page 54
Need to address effects caused by nitrates into salt water at
different tide levels - particularly storm tides, etc.
Page 56
No currently valid Health Department permits or substantiated
dye studies were documented for alternative sanitary system
locations. Also need to furnish report on dye study when tide
level is more than median.
Page 68
Reference is made that since the "lot" is held in single and
separate ownership and predates existing zoning, it is
considered by the applicant's consultant to be a buildable lot.
A lot is not a buildable lot until all valid approvals and
permits are obtained, and proof has been submitted as to its
single-and-separate ownership as required by the Zoning Code,
and compliance with all laws, rules and regulations. The lot
cannot be guaranteed a buildable lot by merely complying with
one or two provisions of law. It should be confirmed that at
the present time, no permits are currently in effect from all
town, state, and county agencies that would render the lot a
buildable lot for purposes of a residence.
It should be confirmed that the use of this island, or "lot", is
presently for boating and docking enjoyment, which has permit
approval, for the property owner and his guests.
Page 31 - Minutes
Southold Town Board of Appeals
Regular Meeting of November 9,
1992
(Gus Wade - DEIS, continued:)
Page 74
It is noted that "...6400 sq. ft. will be cleared for house and
septic system construction...5140 sq. ft. will be
revegetated .... " 6400 less 5140 sq. ft. leaves 1260 sq. ft.
The planting schedule submitted as Appendix P shows a gravel
area and deck areas around the dwelling which exceeds 1800 sq.
ft. These figures do not agree. The 1988 survey map shows
that the house would be 1300 sq. ft. without patio areas and
overhangs although other references are for a 1260 sq. ft~
house. What is the square footage of gravel areas, patio
areas, and deck areas in addition to the square footage of
living area?
OTHER
Reference must be made to this property as a Critical
Environmental Area (CEA) as designated by Suffolk County, also
known as "Peconic Bay and Environs." This designation includes
all of the bays east from the mouth of the Peconic River, to and
including Block Island Sound, all of the land beneath the bays
and all upland area within 500 feet of all bays and their
tributaries. This desighation took effect on
February 21, 1989 by Local Law 29 Year 1988, Suffolk
County and was enacted by the County Legislature.
Reference should also be made to all areas under which variances
are being requested, which should include: N.Y.S. Department of
Environmental Conservation, Town Trustees at less than 75 feet
from the high water mark, from the Zoning Board of Appeals under
New York Town Law, Section 280-A for recognition of access for
emergency and other vehicles, and the Suffolk County Health
Department. In the event of new bulkheading with proper
permits, other variances may be necessary (i.e. zoning code,
Section 100-239.4B which requires a minimum setback at 75 feet
from bulkheads or retaining walls).
SURVEY - An up-to-date survey, with on-site surveying
inspections, is requested in light of the hurricane damage and
storm damages in the Town of Southold within the last two years.
The survey map is shown that the property was lastly re-surveyed
in December 1988, prior to the hurricane-storms.
ACCESS - Additional information is required for decision-making
to.include: delineation of the points of access; water routes
for access; the distances by water; ingress and egress of
emergency vehicles; the time periods for fire and emergency
Page 32 - Minutes
Southold Town Board of Appeals
Regular Meeting of November 9, 1992
(Gus Wade - DEIS, continued:)
vehicle response; the depth of water and dock suitability for
sole access. These areas were not addressed as requested.
(The above comments have been prepared as a result of
review of the subject Draft Environmental Impact Statement
(DEIS) for acceptance by the Town (Town Trustees as lead
agency). Based upon this review, the DEIS has not been
accepted. Review of revisions by the applicant would be
expedited in order to commence the public comment process for
this project.)
UPDATES: The Board agreed that letters should be sent
requesting that the following applicants, or their agents,
advise the ZBA of the status and intentions concerning revisions
adopted by the Town Trustees on October 22, 1992 and requesting
status of the County Health Department reviews/applications:
Appl. No. 4078 - Theodore Petikas (L.I. Sound parcel)
Appl. No. 4072 - Varuslan Arslanyan (LI Sound parcel).
MEETINGS CONFIRMED: The following meeting dates were
confirmed:
Stewardship Task Force in Rooms 102, 104, 105 at
Southold High School on November 12, 1992.
Board of Appeals Regular Meeting, December 3, 1992.
Other meetings as listed on the calendar of events
furnished for each board member.
RESOLUTION SCHEDULING HEARINGS: On motion by Chairman
Goehringer, seconded by Member Dinizio, it was
RESOLVED, that the date of the next Regular Meeting of this
Board be and hereby is set for THURSDAY, DECEMBER 3, 1992
commencing at 7:30 p.m., and BE IT
FURTHER RESOLVED, that the following matters be and hereby
are authorized to be held for public hearings before the
Page 33 - Minutes
Southold Town Board of Appeals
Regular Meeting of November 9,
1992
Southold Town Board of Appeals at the Southold Town Hall
Assembly Room, 53095 Main Road, Southold, New York:
7:32 p.m. Appl. No. 4135 ELAINE ROMAGNOLI.
7:35 p.m. Appl. No. 4139 - CONSTANTINE COSTAS
7:40 p.m. Appl. NO. 4138 - THEODORE M. GOLD and CAROL WEICK
7:45 p.m. Appl. Ne. 4098 - TONY and MARIA KOSTOULAS.
Vote of the Board: AYES: MESSRS. DOYEN, DINIZIO, VILLA,
WILTON AND GOEHRINGER. This resolution was duly adopted.
SEQRA Declarations. The following SEQRA Declarations
(new files to be calendared for next meeting) were
confirmed:
A. Type II Action - Appl. No. 4140 - JOHN CROKOS.
B. Type II Action - Appl. No. 4141 - ALICE BENNETT.
C. Unlisted Action - Appl. No. 4142 - ADAM ASSOCIATES.
Being there was no other business properly coming before
the Board at this time, the Chairman declared the meeting
adjourned. The meeting adjourned at approximately 9:15 p.m.
Respectfully submitted,
Board Clerk
Approved - Gerard P./ Goehringer
Chairm~n
RECEIVED AND FILED BY
THE SOUTHOLD TOV~N
Tov.~n Clezk ~cv~'n o~: ,~c.~