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Home My WebLink About3834 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.1., N.Y. 11971 a TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI NOTICE OF HEARINGS JAMES DINIZIO, JR. NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, APRIL 13 , 1989, at the following times: 7:35 p.m. • Appl. No. 3832 - JOHN FORSBERG. Variance to the Zoning Ordinance, Article XXIV, Section 100-242 (and Article III-A, Section 100-30A.3) for permission to construct deck(s) to existing single-family dwelling structure, maintaining the nonconforming sideyard setback as exists at the westerly side. Lot area of premises is nonconforming at approximately 11,500 sq. ft. in this R-40 Zone District. Location of Property: 1310 West Road, Cutchogue, NY; County Tax Map No. 1000-110-5-12. 7:40 p.m. Appl. No. 3839 - DIANE DUNBAR. Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A. 3 and Article XXIV, Section 100-242B for permission to construct open deck addition with an Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13 , 1989 insufficient setback from the front property line along Dogwood Lane (west) . Lot area of premises is nonconforming at 16,423+- square feet in this R-40 Zone District. Location of Property: 615 Dogwood Lane, East Marion; Map of Gardiners Bay Estates, Section 2, Lot Nos. 98 and 99; County Tax Map No. 1000-37-1-11. 7 : 45 p.m. Appl. No. 3833 - PETER DESANCTIS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A. 3 for approval of open deck addition with an insufficient setback from the southerly side property line, adjacent to existing fence enclosure. Lot area of premises is nonconforming at approximately 26,964 sq. ft. -.in this R-40 Zone District. Location of Property: 380 Inlet Lane, Greenport, NY; County Tax Map No. 1000-43-5-2. 7: 50 p.m. Appl. No. 3836 - ANNA SCHALLER. Variance to the Zoning Ordinance, Article III, Section 100-31 as disapproved, Article III-A, Section 100-30A.3 , and Article XXIV, Section 100-242B for permission to construct (garage) addition with an insufficient setback from the northerly side property line and Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 insufficient total sideyards. Lot area of premises is nonconforming at approximately 11,718 sq. ft. in this R-40 Zone District. Location of Property: 115 Parson' s Boulevard (Private Road) , East Marion, NY; Map of Gardiners Bay Estates, Lot 77 and part of 78; County Tax Map Parcel No. 1000-37-2-5. 7:55 p.m. Appl. No. 3837 - WAYNE L. AND TERESA A. MAZZAFERRO. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article III-A, Section 100-30A.3 for permission for approval of existing swimmingpool with deck areas which will have an insufficient. rearyard setback when attached by a raised deck to the rear of the existing dwelling. Lot area of premises is nonconforming .at 10,000 sq. ft. in this R-40 Zone District. Location of Property: 1650 Gillette Drive, East Marion, NY; Map of Marion Manor, Lot #17 ; County Tax Map Parcel No. 1000-38-2-17. 8:00 p.m. Appl. No. 3835SE - ARTHUR V. JUNGE, INC. Amendment to Special Exception Granted under Appl. No. 3705 under Article VIII, Section 100-80B of the prior Zoning Regulations for this previously zoned C-Light Industrial Zone District, now re-zoned to Light Industrial, Article XIV, Section 100-141, to include establishment of car repairs with outside storage and future occupancy of vacant building area at easterly Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13 , 1989 side of building (a use to be a permitted use in this Zone District) . Location of Property: 22355 C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 19; containing 45 ,589+- sq. ft. in lot area. 8: 05 p.m. Appl. No. 3834 - FRANK CURRAN. Variance to the Zoning Ordinance, Article III-A, Section 100-30A. 3 , and Article XXIV, Section 100-242, for an amendment to prior Z.B.A. Appeal No. 3769 rendered October 26, 1988, for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage, at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016 . Lot is nonconforming with a lot area of 19,080 q. ft. in this R-40 Zone District. 8:15 p.m. Appl. No. 3819 - RUTHANN BARTRA. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of lot containing insufficient lot area located along the easterly side of Breakwater (or Luthers) Road, Hamlet of Mattituck, NY; identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 9, 2 . 004 (part of 2. 1) . The Premises is located in the R-80 Zone District. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13 , .1989 8:20 P.M. Appl. No 3787 - MARION ROBINS. Variance to the Zoning Ordinance, Article III-A, Section 100-30A. 3 for approval of four parcels with insufficient lot area in this pending subdivision located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map No. 1000-103-10-2. Total lot area: 6. 039 acres. The premises is located in the R-80 Zone District. 8:30 p.m. Appl. No. 3813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances requested to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Private Road #11 (also referred to as Aldrich Lane Extension) , extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of April 13, 1989 of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 30, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x Copies to the following on or about March 31, 1989 : Suffolk Times, Inc. L.I . Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. and Mrs. John Forsberg, 259 Lincoln Avenue, Rockville Centre, NY 11570 Mr. and Mrs. George Dunbar, 19 Scott Drive, Melville, NY 11747 Mr. Warren A. Sambach, P.O. Box 1033, Cox Lane, Cutchogue 11935 Mr. and Mrs. Peter DeSanctis, 512_ Park Avenue, Manhasset, NY 11030 Mr. and Mrs. Wayne L. Mazzaferro, P.O. Box 238, East Marion, NY 11939 Arthur V. Junge, Inc. , P.O. Box 768, Cutchogue, NY 11935 Environment East, Inc. , 3075 Indian Neck Lane, Peconic, NY 11958 Michael J. Hall, Esq. , Youngs Avenue, Southold, NY 11971 Mr. and Mrs. Gustav Bartra, 227 East Breakwater Road, Mattituck, NY 11952 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for S. Hills) :;r FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . :3/�. . . . . . . . . . . . . . . . . .. 19 �. . oly if. PLEASE TAKE NOTICE that your application dated . .:3/�• . • , , , 19 9 for permit to �' _ �.�1"'�- - . . . . . . . . . . . . . . . . . . . . . .. . . at Location of Property . . J�� . . House No. Street • Hamlet County Tax Map No. 1000 Section . . . . Block . . . Q./ . . . . . . Lot . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . ... . . . . . . . . . is returned herewith and disapproved on the follow .� PP in- b-rounds .U-?'`A, , .��`�• �� .��. ew-"�V'e. . . . . . . . . ol . . .� ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ ..v / Bui ding � spector� RV 1/80 ^ TOWN OF SOUTHOL0, NEW YORK ` M, APPEAL FROM DECISION OF BUILDING INSPECTOR ' APPEAL N[1 ��8� ��'� 1�� ' n"`� ~" ' ~°�_ . DATE ]�a�a�...6...-1oR9 TO THE ZONING BOARD OF APPEALS, TOWN OF3DUTHOLC\ N. Y. 7, (We) .� _ o3�75..TDd ��' ��okI�O� _ � . . . , ,. .................... None of Appellant Street and Number Pa��o.nlc.---'--~----..---.------.�---- —.NY.—/..�--|....HEREBY APPEAL TO A�unicipo|�y Gtotn THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ' APPLICATION FOR PERMIT NO. ------------ OA7E[} ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO :E.no�r.auro».ot ]�as.t �.zc~~--------' Name of Applicant for permit of _.3O75...Tnd ^PL.[l.NIP.qlf.I.a.ae.......... �eg��n�o�_,��,Ilg�R_______ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( > j{ Permit to bniId`. � ' Street Use District on Zoning Map r' IDO<l�Il ------]]wno.r.z'�r.aPk 2b 3-nadra Curran,, 780 IIaywataro rd., Dut— ` k�oo No. � Lot-No. . � � choglie, NY 11/935 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ondinonco.) 3. TYPE OF APPEAL Appeal is nnodo herewith for ( 2L) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) /\ VARIANCE due to lack of access (State of ' New York Town Low [hop. 62 Cons. Lows _ Art. l6Sec. 280/\.Subsaction3 �� 4. PREVIOUS APPEAL Aprevious oppoo| ~�� (hos not) been made with respect tothis decision of the Building Inspector or �vith respect to this property. Such appeal was ( ) request for ospecial permit ( L ) request for o variance and was made in /\ppoo| No. .3.�68......................Dated —. r..1o8A--------.^. REASON FOR APPEAL ( ) /\ Variance to Section 280/\ Subsection 3 ( X) /\ Variance to the Zoning Ordinance ( ) is requested for the reason that Form Zo1 (Continue on other side) REASON FOR APPEAL Continued �. STRICT APPLICATION 0.F;,THE.,.ORDI,NANCE would produce practical difficulties or unneces- sory HARDSHIP because the area indicated is the only direction to en- �la:bge the pool and deck area. Having monitored the ground wa(ter 1 level the fall and winter, . we find that there will be less depth in which the pool could be duk due to the extreme weather and . tides of the season. Realizing; this we are asking fir and in- crease in lot coverage of 2p. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this property, a`s `can' be seen on the; survey, has muck of- its, deeded land under water un- like many of the xiaAm other homes,where errosion has not taken such a_•severe toll.. Most of the other homes in the area seasonal and not year round as in this .case . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because most of the homes located In the -''ish- erman' s Beach area, are eithe year round or seasonal are on Sub- standard lots, and most if not all have conditions which if built today would require similar types of variences. STATE OF NEW YORK ss �........................ ......... . COUNTY OF ) Signature Sworn to this ......... .............. day of............ ............ 19 ,y Notary Public HELEN€L DEVOE P,10TARY PUBLIC,Shte of eery York Rao.47G7878,SuqA Courdy 9 cc Terri Expires March 30,t9 J �� f��. �w .';a)1,.'. i} S'4:;j:g:- ••,i:«;1:••;' ".':-',S� '�rJr..;�T'A'; '�: a::,{��y.y�� 1 - .��na: � r- pw��_ �+,� :��.: •r fE_1. E� ,Cra,.,, '�^f t't�(�adS,��.. a-„ '� .�..p � a 'i- '�� 'i :TOWN OF SOUTHOLD . 6PERIT"IECOR 'D CARD =' � / ;. •,' OWNER STREET VILLAGE DISTRICT SUB. LOT I, rt&.l� .�vY s-ah' " dSTU v " o i� "7` �v 7'�c �o �� I��4 s VA4J FORMER OWNER ... _ :.,.; N E ACREAGE r �� 004 �i•: S W ::; TYPE OF BUILDING RES. SEAS. . . IND.. V. MISC. ' LAND IMP. TOTAL DATE REMARKS 1Q Q/ 2 �. vAv a•+ a o/d' aa, C, �4 Oaa e O " Z,, z� //d� 1 OQ 3D1� vo 6 e. Lv YOpLl a�f a� _ Al fd 00 60 : 6.200 23 _...f, .�-. ci AGE `S z G BUILDING ONDI ION '�,j/ � .0 dn &, to ��rrR,, . /L' /64C s NEW . NORMAL .;r�:. .. BELOW ABOVE ��y/pj ,(�.P.'j/-s'o.3 C'a�sfr.' a��f fo•�6ive// e )y/0 ooe J' , 1 .6A6c4 ;j, :�V�lu r�Acre� al y1�/ ,3./? //.S/3 ,^ors/.-. S/•oYQy� Tillable . A . /a wt, Jtc �r ae �,�a e e rc,� rc A'4o0 Tillable 2 Tillable, 3 Woodland Swampland Brushlarid ;>... ;.. ;.. 'House Plot ..�:�„ �:•. - - • ' .:�� lX � P��"S. f.f_;�,,. v ��.- zi.c� tfjc a 4,,•f{< e• � 1 ti �%• y i� , , atal'e•; �n�' r t ,� b4+f ;T,.i:,? •�� _ � 'tr iry i.t c." is ... . • _ ' _y rySt„_.,., L r 1 t e4 L .i. ` ;{ r"�ial Cox .. _ - .. S'. c;. ;fir�•.� ;. ar ,. f , � �X,y ova b , . - _.. -. . •. ' .. •`�lZr ,y. V. l' 1 ' 10 ` 5. ��ri a►J M. 61r� 'g d X 6 = /�Fo / ys --- �/1r,� y G z G . Foundation C, Bath Z Extensi n X s. _ 0 o Basement Floors 02� W Exte on i Fxt. Walls Interior Finish., Extensio 5 �t /l G a Fire Place Oiie Heat l,z xk4 = I�f3 ,�o 17 Porch/ g 9 = 3 St. /.� 364 Pool Attic Deck '. ' Patio Rooms 1st Floor Breezeway Driveway Rooms 2nd Floor Garage EE _ r 0. B. ;r.. m CC m ' 0� IL. LIA IAJ --- - i VO 1iJ z l2�..y �• (L a x t1 U ALL.PROPERTIt^S /C7080 AWVF HJGHWPI -TER 15y70st.E'+ o a � Q q Ho us F 306c-, ipf Z PO [_ Ff a c \� PGRCEN� cc��Pt�raGY�E� ,1 o r)!" /\L.L f'/,(-()i�A T Y as u °tv) FXI,3TING 11003E /20' —. LU t11GNA�tRLU j HNYWATL.RS RvNDEXIST//UG HU�SE Ex G HCWSE W)Pov � } Southold Town Board of Appeals � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 ®s TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Application of FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31, for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over 20 percent) , at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of FRANK AND SANDRA CURRAN under Application No. 376S; 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 made the following findings of fact: 1. The premises in question is known and referred to as 780 Haywaters Road, in the Hamlet of Cutchogue, Town of Southold, is identified as part of Lot #45, part of #27, and Lot #26, on the Maps of "Peconic Bay Properties" at Fisherman' s Beach, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 111, Block 1, Lot 16. 2. The entire premises has frontage along the north side of Haywaters Road of . 120+- feet in length and varied depths of 128 and 100 feet. The subject premises is presently improved with a single-family dwelling structure as more particularly shown on the August 3, 1988 sketch submitted for consideration. ti �- Page 2 - Appeal No. 376,9:. Matter of FRANK AND SANDRA CURRAN Decision Rendered October 26, 1988 3. The setbacks of the existing dwelling are shown on the sketched submitted hereunder to be: (a) 12 feet at the northwesterly corner of the dwelling to the westerly side property line (along the bulkhead) ; (b) seven feet, more or less, from the nearest northerly {rear) property line; (c) 19 feet, more or less, from the easterly side property line at its closest point; (d) 51+- feet from the front property line along Haywaters Road. 4. Article III, Section 100-31, Bulk Schedule, Column "A-40" of the Zoning Code requires a minimum frontyard setback at 35 feet and maximum total lot coverage at 20 percent. 5. Section 100-33 permits the " . . .average setback of the existing dwellings within 300 feet of the proposed. . .on the same side of the street, same block and same use district. . . ." 6. The location of the proposed pool and fence enclosure is within the frontyard area. The setback is requested at 12 feet for the fence from the westerly side property line and at 30 feet from the front property line. 7. The total lot { a-�_'_'_ is shown to be 19,080 sq. ft. (inclusive of land underwater) , or 15,470 of the upland area. The square footage of the house is given at 3066 sq. ft. , and the coverage for the pool and deck is given at 833 sq. ft. The percentage of the existing dwelling coverage is 190, and the total percentage if this variance is granted is shown to be within a half percent of 250 (25 - 25-1/2 0) . 8. It is the position of this Board that in considering this application, the nonconformities of the lot and limited buildable area do lend to the nature of the practical difficulties. The relief requested is the minimal necessary and . the Board agrees the request is not unreasonable under the circumstances. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested in the Matter of the Application for FRANK AND SANDRA CURRAN under Appeal No. 3768 as applied under Appeal No. 3768, SUBJECT TO THE FOLLOWING CONDITIONS: Page 3 - Appeal No. 376�9 Matter of FRANK AND SANDRA CURRAN Decision Rendered October 26, 1988 1. The total lot coverage shall not exceed the amount requested (at 25+-%) ; 2. Screening with three-ft.- high evergreens every six feet be placed and continuously maintained on the outside of the fence enclosure; 3. The new construction remain open and unroofed (as applied) : 4. There be no lighting which may be adverse; 5. The pool construction not be elevated more than three feet above grade level (with the exception of minimal step areas) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Doyen and Sawicki were absent. ) This resolution was duly adopted. lk ERARD P. GOEHA=NGER CHAIRMAN ��v ...jtv `e"tl'�� ♦yes l A ALS BOARD MEMBERS t 11 SCOTT L. HARRIS Gerard P. Goehrin er Chairman Supervisor Charles Grigonis, Jr. Serge Doyen, Jr. �_; Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179 Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-182 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 3963: Application for FRANK CURRAN. Variance to the Zoning Ordinance, Article III, Section 100-30A.4 (100-33) and Article XXIII, Section 100-239.4B, as disapproved, for permission .to y, construct an accessory building in an area other than the required rear yard and with a setback of less than 75 feet from the bulkhead. Location of Property: 780 Haywaters Road, (Peconic Bay Properties Subdivision) , Cutchogue, NY; County Tax Map District 1000, Section 111, Block 1, Lot 016. WHEREAS, a public hearing was held on September 26, 1990 under Appeal No. 3963; 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, 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 known and referred to as 780 Haywaters Road, in the Hamlet of Cutchogue, Town of Southold, is identified as part of Lot #45, part of. #27 and Lot #26,. on he Map of "Peconic Bay Properties" at Fishermen's Beach, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 111, Block 1, Lot 16. 2. The entire premises has frontage along the north side of Haywaters Road of 120+- feet in length and varied depths of 128 feet and 100 feet. The subject premises is presently improved with a single-family dwelling structure as more particularly shown on the July 19, 1990 sketch submitted for consideration. i Page 2 - Appl. No. 3963 Matter of FRANK CURRAN Decision Rendered October 171 1990 3. By this application, appellant requests variances for permission to locate a new 20 ft. by 30 ft. accessory garage/structure in the easterly side yad area with a setback of three feet from the easterly property line and 8-1/2 feet from the closest setback from the outer edge of the bulkhead along Haywaters Cove. 4. Although the amount of relief requested by this application is substantial in relation to the requirement, the setbacks requested are not out of character with those generally existing in the immediate neighborhood and with those setbacks of the existing dwelling on this parcel. The accessory garage structure will not be closer to the bulkhead than the dwelling structure and will not be closer than 75 feet to the front property line along Haywaters Road. 5. For the record it is noted that a Waiver Permit has been issued by the Southold Town Trustees on September 27, 1990. 6. In considering this application, the Board also finds and determines: (a) the nonconformities of the land and building in question lend to the practical difficulties; (b) the difficulties cannot be obviated by some method feasible for appellant to pursue other than a variance; (c) the location of the dwelling as requested will not change the essential character of this residential. community; (d) the variance will not. in turn be adverse to the _safety, health, welfare, comfort, convenience or order of the town, and will be within the limitations set for -lot coverage at less than the 20 percent of the total lot area; (e) in carefully considering the entire record and all the above factors, as well as viewing the general character of the neighborhood, it is ,within the best interests of justice to grant the variance, as applied and further noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested under Appeal No. 3963 in the Matter of FRANK CURRAN for the location of a 20 ft. by 30 ft. accessory garage structure with reduced setbacks Page 3 - Appl. No. 3963 Matter of FRANK CURRAN Decision Rendered October 17, 1990 from the existing bulkhead at 8-1/2+- feet and at not less than three feet from the easterly side property line, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no disturbance of the land between the garage structure and the existing bulkhead (and no disturbance to any bulkhead tie backs) . 2. That leaching basins and gutters with down-spouts to properly retain run-off on site be placed where necessary. 3. That the garage have overhead or pull-out doors at a height of approximately seven feet (and not less than six feet in height) on the northerly side facing Haywaters Cove and on the southerly (front) section facing Haywaters Road for ingress and egress. 4. That the height of the garage to the top of the ridge not exceed 20 feet; 5. That the accessory building be used only for .garage or storage purposes, as applied, with no utilities except electrical utilities. 6. That the relief granted hereunder will supersede that relief granted under Appeal No. 3768 for a pool with deck and fence enclosure, which is now withdrawn from the record. Any proposed for construction other than as applied herein will require a separate variance application for consideration. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. . This resolution was unanimously adopted. lk GERARD P. GOEHRINGER, CHAIRMAN So t old Town Board of Appeals -49- / November 5 , 1981 RESERVED DECISION: Appeal No. 2912. Upon application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in the sideyard area at 780 Fishermen's Beach Road, Cutchogue; Peconic Bay Properties , Inc. Filed Subdivision Map No. 286 , Lots 26 and part of 27; County Tax Map Parcel Item No. 1000-111-1-16. The public hearing concerning this appeal was held earlier ` this evening, at which time decision was reserved. By this appeal, applicants seek permission to construct an accessory building (proposed shed) containing a square foot- age of 312 square feet, in the sideyard area with a setback from the easterly sideyard line of not less than three feet and a setback from the northwesterly end of the rear yard property line of six feet. The premises in question contains an area of 15 ,470 square feet with road frontage along Haywaters Road of 120 feet. The premises is improved with-a substantial one- family dwelling and newly constructed addition, containing a total area of approximately 3,130 square feet. The applicant' s agent has submitted for the record the percentage of lot cover- age -which has been provided by Roderick VanTuyl, P.C. , licensed surveyor, of which the existing dwelling with new addition covers 20% of the lot, and together with the proposed shed covers 22 The board does find that the premises contains no practicable buildable rearyard area, and the location of the existing dwell- ing lends itself to the practical difficulties in locating the proposed shed in the sideyard area. The board agrees that the proposed location of the shed is the most feasible and practical under the circumstances; however, Section 100-31, Bulk Schedule, of the code requires a maximum percentage of lot coverage to be 20%. Therefore, it is the determination of this board that the size of the new accessory building be reduced to 200 square feet, or, that 112 square feet ofbuilding area be eliminated from either structure (the shed or the dwelling) , which will be within the spirit of the zoning ordinance. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population.- that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the application of Frank Curran and wife, Southold Town Board of Appeals -50- November 5 , 19 3� Appeal No. 2912 be GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the shed shall not exceed 200 square feet in- area when using Roderick VanTuyl, P.C. ' s calculations as to lot coverage; (2) That the setback of the shed will be a minimum of 10 feet from the existing bulkhead and a minimum of five feet from the side yard property line; f (3) That the shed shall not be for habitable use (strictly s storage) ; _ (4) That the shed be not more than one-story; (5) That this matter be referred to the Suffolk County l Planning Commission pursuant to Sections 1323 , et seq. of the Suffolk County Charter. Location of Property: 780 Fishermen' s Beach Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-1-16 . Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: APPEAL NO. FL-9. Upon application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Flood Damage Prevention Law, Chapter 46-8, Sections 46-17, 46-18 , 46-19, for permission to construct improvements exceeding 500 of the market value of existing structure, with base floor below the 8-foot minimum elevation above mean sea level in a Zone A, at ` 780 Fishermen' s Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc.'; Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel No. 1000-111-1-16. The public hearing concerning this appeal was held earlier this evening, at which time decision was reserved. l The Board made the following findings and determination: By this appeal, applicants seek approval of the construction of an addition containing square footage of approximately 270 to be located at the . southerly end of the existing one-family dwelling with a setback of approximately 63 feet from Haywaters Road and approximately 20 feet from the side property line (abutting Lot 25) , and permission to construct new accessory storage shed containing an area of 312 square feet, both structures of which the building inspector concludes to exceed 500 of the market value and which r• Southold Town Board of Appeals -5t- November 5 , 198� (Appeal FL-9 - Frank Curran, continued: ) should therefore comply with all constructions methods and res- trictions in this A-4 Flood Zone. The premises in question contains area of 15,470 square feet with road frontage along .Haywaters Road of 120 feet:. The premises is improved with a substantial one- family dwelling and newly constructed addition, containing a total area of approximately 3,130 square feet. The ground eleva- tion above mean sea level is 5-8 feet at the westerly side of the existing dwelling and 8-5 feet at the easterly side of the existing dwelling. The proposed shed will have a slab foundation without crawl space area at 5-9 feet above mean sea level. The Flood Insurance Rate Map (FIRM) indicates that the property is ` located in a A-4 Flood Zone with a minimum elevation at... 8 feet above mean sea level.. The Board finds that 'there are homes in the neighborhood of the lot in question of similar size, and the dwell- ings ' lowest floors are constructed below the minimum base flood level. The Board also finds that the lot in question meets the standards set forth in Section 46-16A of the Code since it contains an area of less than one-half acre and is contiguous to and sur- rounded by lots with existing structures constructed below the base flood level. In passing upon this application, the Board has considered all technical evaluations; all relevant factors; all standards specified in the Code; and all of the applicable factors contained in Section 46-15B, subdivisions (1) to (11) , inclusive, of the Code. The Board further finds and determines that: (1) There is a good and sufficient cause for the grant of this variance; (2) A failure to grant the variance would result in exceptional hardship to the applicant; (3) The grant of a variance will not result in increased flood heights, or additional threats to public safety, or extraordinary public expense, or create nuisances, or cause fraud, or victimize the public, or conflict with existing local laws or rules or regulations. On motion by Mr. Sawicki, seconded by Mr. Douglass , it was RESOLVED, that the application of Frank Curran and wife, Appeal No. FL-9 BE AND HEREBY IS GRANTED a Variance from the Pro- visions of the Flood Damage Prevention Law of the Town of Southold to .construct addition and accessory storage building with minimum base flood elevations as applied for, on premises known as 780 Fishermen 's Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286 , Lots 26 and part of Lot 27; County Tax Map Parcel No. 1000-111-1-16 , SUBJECT TO THE FOLLOWING CONDI- TIONS: (1) That prior to the commencement of construction, the applicant apply for and obtain a Development Permit from the Town Building Inspector, pursuant to the provisions of the Flood Damage _d Town Board of Appeals -5;a November 5, 1981 (Appeal FL-9 - Frank Curran, continued: ) Prevention Law; (2) That there shall be no habitable (living) area at any time below the requested minimum base flood level; (3) That there shall be no habitable living area below the first floor of the new addition, such as cellar, basement, utility or storage areas; AND IT IS FURTHER RESOLVED, that pursuant to the Provisions of Section 46-16F of the Code, the applicant isF, hereby given notice that the structure for which this variance is granted will be per- mitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; AND IT IS FURTHER RESOLVED, that the Secretary to this Board transmit copies of this determination to` the applicants and to the Town Building Inspector. Vote of the Board: Ayes : Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. This resolution was unanimously adopted. Richard J. Cron, Esq. and Arthur M. Schwartz, M.D. appeared before the board tonight at the advice of the Chairman to discuss a right-of-way which will be the subject of a variance application for "approval of access. " Apparently, Mr. Cron and Dr. Schwartz misunderstand that an application should have first been filed before discussing this matter. Mr. Cron said they will file an application as early as possible. RESERVED DECISION PENDING in the matter of APPEAL NO. 2893 - MATTITUCK AIR BASE. The board agreed to deliberate and research this matter further, and that a Special Meeting is hereby scheduled to be held next Saturday morning at approximately 9 :15 a.m. Being there was no further business properly -coming before the board at this time, the Chairman declared the meetng adjourned at approximately 11 : 30 p.m. Respectfully submitted, APPROVE e-, . _2 // ' �-' ��.�• Lihda F. Kowalski , Secretary -. Southold Town Board of Appeals Chairman Board of Appeals N Meeting Date: Apr 1 13 . 1989 Appeal No. 3834 Members Absent, if any: Applicants: Frank Curran Relief requested and Location:Construct pool with deck- and fence enclosure with an, insufficient frontyard setback and excessive lot coverage 78-0 u' chq.gue Haywaters Rd. ' .. Cut Charles Serge James Gerard Joseph �111-T-16 : . . Grigonis Doyen gi:ni zi..o Goehringer Sawicki Resolution made by: Seconded by ( ) ( ) ( ) ( ) ( ) ACTION : - ( ) Approve as applied ( ) Subject to County Planning Referral ( ) Deny as applied ( ) Subject to Planning Board approval ( ) Deny without prejudice ( ) Subject to D.E.C. ( ) Deny ( ) Withdrawn Without Prejudice as requested - ( ) Approve with the following Conditions: [2] [3) [4] This Variance is temporary for a maximum period ( ) Special Exception criteria applicof. :two years , EXCEPT ( X ) Prior application conditions applical ] where the proposed subdivision has been finalized by all agencies and the parcels have been transferred by deed or other NOTES: legal conveyance to reflect the subdivi - sion lines accordingly . a• building pe .. .. .. rmit has been properly issued and construction commenced -- within this limited two-year period . VOTE OF THE BOARD: Ayes: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Nays: ( ) CG ( ) SD ( ) JD ( ) GG ( , ) J SAbstain: ( ) CG ( ) SD ( ) JD ( ) GG ( ) S Absent: ( ) CG ( ) SD ( ) _JD (. ) GG ( ) JS Resolution was passed: ( ) unanimously ( ) by majority vote Resolution was not passed: This application was recessed until Tlmdo Ti .`<,f_ �,�lC✓V. `� ✓dr%a7 w9e .71 Environment East, Inc. R. R.No:,3— 3075 Indian Neck Lane a , PeConic,New York 11958' 516-734-7474 s April 10 , 1989 Southold Town Board of Appeals Town Hall glair► Load Southold, NY 11971 Dear Sirs , As agent for Mr. Frank Curran, we are requesting that a hold be put on the application for a variance, Application # 3834 , for front yard set back and lot coverage. The NYS Department of Environment Conservation has suggested an -' Y � x-- 4aahternative to do for ' the proposed pool and deck. We are re-�quost—irlrj t xs eleg y whil.E� the I nercrl-�fiti.on is Looked into . y I ,1' r.11l ltll;tJ11VUI1J.�?I1 'C 1 Ill :i Ill,l j� �' IIItJ� l; Sincerely, Peter R. Sto tenburgh President Environrtlen East, Inc . PRS : jrl f i aJ?f�9• l 3apM � TOWN OF SOUTHOLD, NEW YORK RECEIVED APPEAL FROM DECISION OF BUILDING INSPECTOR / ' 6--3 P-01 APPEAL NO. MAR 0 7 1989.. g DATE XaraL..6,...T,9.89 '1Tww� �'�.++�• C'..q�G�i1dQ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .?ir.ironme nt Easta...Y.nO.?............of .30.75....I.n� ian Neck Lane .... .... ....................................... Name of Appellant Street and Number Pe c o nic ..............:.............:.......:.................... ...........:......HEREBY APPEAL TO .................................... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO .nvi_r.a nm;.n.t..L'.as.t.,...Laa.o........................... Name of Applicant for permit of ... PAP. a.....I.?Y...11.g1��..................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) iermit to build. 1. LOCATION OF THE PROPERTY 780 Hey�Araters Road.,....-Cut chogue. . .,....re sidential. ......... ....... ...... ...... . ......... ............. Street Use District on Zoning Map 1.Q0J0.-111.-01:-0.16....................Q.wM.r..:...Fr.ank & Snadra Curran, 780 Haywaters rd, Cut- Map No. _ Lot No. c Ghogtie, NY 11935 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article TTT Section: 100-31 OD—;-0 3. TYPE OF APPEAL Appeal is made herewith for ( X) A VARIANCE to the Zoning Ordinance or Zoning Map C ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws _ Art. .16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal Q� (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (X ) request for a variance and was made in Appeal No. ..3.76.g......................Dated ....Oc•tr©•1aE�•r••••2.6 19-8. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that Form zB1 (Continue on other side) i I • 1 REASON FOR APPEAL Continued j. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the area indicated is the only direction to en- -latge the pool and deck area. Having monitored the ground water level the fall and winter, we find that' there will be less depth in which the pool could be duk. due to the extreme weather and tides of the season. RealizinF; this we are askinp,; fir and in- crease in lot coverage of 2%. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this property, as `ban be seen- on the; survey, has much `of- its --deeded land under water., Un- like many of the xn.Dia other home s;t.,There errosion has not taken such •.a_.severe toll, Most of the other homes in the area seasonal and not year round as in this .case . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because most of the homes located din the erman'.s Beach area, are eithe year round or seasonal are on Sula- standard- lots, and most if not all. have conditions which if built toddy would require similar types of variences . STATE OF NEW YORK ss ! ._�....................... r�.....f.. '., ......................... COUNTY OF44-IL Signature Sworn to this ......... / ................................... day of...................... ...... .............. .................... Notary Public NELEN K.D£VOE Ri{,T.�r Y 119 ; ti ,State of New York 5�0. a"1Ft,SA-31k county G TEfm txaires iyisrch 30,19 C / � W m Z ' Z CC- o ` C Y� � I Cf .- R, ) i IL `. LU Ott.. :x a I t ALLPROPF::RTIGS J`/UBC 3e4 N (T' �• •� n"� ^` \ I A\ DVE NIGH ' PnTER\ 15 yr/ �J •�� p V' ! 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ALL rHDP[gTIC3 p�+• - 7r 1X[ WITHIN 12.OA Ic1 MIN IrIC IDLlOw11:D DIs1R ICt 1. ,�, • SCMDDL__/_.._- !f VCR frAC--_ •r MTDRAMT 1 r...Ml_...AtICR _.-- •� rl ----- N]Rl,200 c ----ND nc[---- - PO 90 NAiN r[h•XrCf AtrC x,r.^.h. Salf D. FO 29 C•irNl♦Ala•VA..S .R^..iI-(f0 'V N r . : qs nun .yrf�rrNu1x tia•ncr�. rrr C \ P,.,•.•re. — _— r legend_ ■ICIIAEL BALER,-1R. P••P..+• •q w L""' C.....f L... [�..D,«..<r L... ('«N.r•.Co-....G...._ —[.__ Mrr.«.r D..x.cl L..._—M.__ LLa..�..w L.r,,.. 1]a, NIP( 1„1] iv«.L",. r «D.N•.c,L.r _,w-�- R•Ivw O�•.,<Ilr_ ■.__ b.a U.«..w L••v _---- Y.II.S.Lw -�� L„hr Di.r.:cr L... --.-L alwa,... Oj Q.�.r fir.Wild L.— PnL O•.N.<r l.,. _..I.-- Pw•1 I,.. 77 n..a A... 1]A ral �....—� Y./wl D..x.<r L•,. __.Y.11-__ 5..«D......r L+. __-.!__.. S.K...w al.ra Ar. pl) (.l..I..M 4•. I7Ar.1 + .. 40 iq Q / Bar 1, SCVtN N^N 5CN U A .O � � 7y�i;. Fry 9• LITTLE o - / \�•� '\ P tea. .4�� :.r.s r4ti AgriculturCO Cam: ._`~ � R-' R esidenfial i R-80 Residential .... 3, R-120 d 'L-ResideritialjLoar R-zoo Residentrol Law R-400 Residential ..; -c4.•;''; Hamlet RR Resort/Residential Ro Residential/Office ^ ,Y Limited Business _ 0- "B Hamlet Business 1i:1 General Business ! M r Marine I G/ nn U Marine II �'o Light Industrial/Office I Light Industrial O� Town ®ard of Appeals Southold ,� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Application of FRANK AND SANDRA CURRAN for a Variance to the Zoning Ordinance, Article III, Section 100-31, for construction of a pool with deck and fence enclosure with an insufficient frontyard setback and excessive lot coverage (over 20 percent) , at premises known as 780 Haywaters Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-01-016. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of FRANK AND SANDRA CURRAN under Application No. 3769; 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 made the following findings of fact: 1. The premises in question is known and referred to as 780 Haywaters Road, in the Hamlet of Cutchogue, Town of Southold, is identified as part of Lot #45, part of #27, and Lot #26, on the Maps of "Peconic Bay Properties" at Fisherman' s Beach, and is more particularly shown on the Suffolk County Tax Maps as District 1000, Section 111, Block 1, Lot 16. 2. The entire premises has frontage along the north side of Haywaters Road of 120+- feet in length and varied depths of 128 and 100 feet. The subject premises is presently improved with a single-family dwelling structure as more particularly shown on the August 3, 1988 sketch submitted for consideration. Page 2 - Appeal No. 3769 � Matter of FRANK AND SANDRA CURRAN Decision Rendered October 26, 1988 3. The setbacks of the existing dwelling are shown on the sketched submitted hereunder to be: (a) 12 feet at the northwesterly corner of the dwelling to the westerly side property line (along the bulkhead) ; (b) seven feet, more or less, from the nearest northerly {rear} property line; (c) 19 feet, more or less, from the easterly side property line- at its closest point; (d) 51+- feet from the front property line along Haywaters Road. 4. Article III, Section 100-31, Bulk Schedule, Column "A-40" of the Zoning Code requires a minimum frontyard setback at 35 feet and maximum total lot coverage at 20 percent. 5. Section 100-33 permits the " . . .average setback of the existing dwellings within 300 feet of the proposed. . .on the same side of the street, same block and same use district. . . . " 6. The location of the proposed pool and fence enclosure is within the frontyard area. The setback is requested at 12 feet for the fence from the westerly side property line and at 30 feet from the front property line. 7. The total lot coverage of the existing dwelling is shown to be 19,080 sq. ft. (inclusive of land underwater) , or 15,470 of the upland area. The square footage of the house is given at 3066 sq. ft. , and the coverage for the pool and deck is given at 833 sq. ft. The percentage of the existing dwelling coverage is 19%, and the total percentage if this variance is granted is shown to be within a half percent of 25% (25 - 25-1/2%) . 8. It is the position of this Board that in considering this application, the nonconformities of the lot and limited buildable area do lend to the nature of the practical difficulties. The relief requested is the minimal necessary and . the Board agrees the request is not unreasonable under the circumstances. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested in the Matter of the Application for FRANK AND SANDRA CURRAN under Appeal No. 3768 as applied under Appeal No. 3768, SUBJECT TO THE FOLLOWING CONDITIONS: Page 3 - Appeal No. 3769 Matter of FRANK AND SANDRA CURRP,N Decision Rendered October 26, 1988 1. The total lot coverage shall not exceed the amount requested (at 25+-0) ; 2. Screening with three-ft. high evergreens every six feet be placed and continuously maintained on the outside of the fence enclosure; 3. The new construction remain open and unroofed (as applied) : 4. There be no lighting which may be adverse; 5. The pool construction not be elevated more than three feet above grade level (with the exception of minimal step areas) . Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Doyen and Sawicki were absent. ) This resolution was duly adopted. lk ERARD P. GOEHRINGER ;�r CHAIRMAN SoIthold Town Board of Appeals -49- November 5 , 1981 RESERVED DECISION: Appeal No. 2912. Upon application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct accessory structure in the sideyard .area at 780 Fishermen' s Beach Road, Cutchogue; Peconic Bay Properties , Inc. Filed Subdivision Map No. 286 , Lots 26 and part of 27; County Tax Map Parcel Item No. 1000-111-1-16. The public hearing concerning this appeal was held earlier this evening, at which time decision was reserved. By this appeal, applicants seek permission to construct an accessory building (proposed shed) containing a square foot- age of 312 square feet, in the sideyard area with a setback from the easterly sideyard line of not less than three feet and a setback from the northwesterly end of the rear yard property line of six feet. The premises in question contains an area of 15 ,470 square feet with road frontage along Haywaters Road of 120 feet. The premises is improved with• a substantial one- family dwelling and newly constructed addition, containing a total area of approximately 3,130 square feet. The applicant' s agent has submitted for the record the percentage of lot cover- age which has been provided by Roderick VanTuyl, P.C. , licensed surveyor, of which the existing dwelling with new addition covers 20% of the lot, and together with the proposed shed covers 22 The board does find that the premises contains no practicable buildable rearyard area, and the location of the existing dwell- ing lends itself to the practical difficulties in locating the proposed shed in the sideyard area. The board agrees that the proposed location of the shed is the most feasible and practical . under the circumstances; however, Section 100-31, Bulk Schedule, of the code requires a maximum percentage of lot coverage to be 20%. Therefore, it is the determination of this board that the size of the new accessory building be reduced to 200 square feet, or, that 112 square feet of ' building area be eliminated from either structure (the shed or the dwelling) , which will be within the spirit of the zoning ordinance. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Grigonis , it was RESOLVED, that the application of Frank Curran and wife, Southold Town Board of Appeals -50- November 5 , 19� Appeal No. 2912 be GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the shed shall not exceed 200 square feet in- area when using Roderick VanTuyl, P.C. ' s calculations as to lot coverage; (2) That the setback of the shed will be a minimum of 10 feet from the existing bulkhead and a minimum of five feet from the side yard property line; (3) That the shed shall not be for habitable use (strictly storage) ; (4) That the shed be not more than one-story; (5) That this matter be referred to the Suffolk County Planning Commission pursuant to Sections 1323 , et seq, of the Suffolk County Charter. Location of' Property: 780 Fishermen' s Beach Road, Cutchogue, NY; County Tax Map Parcel No. 1000-111-1-16 . Vote of the Board: Ayes: Messrs. Grigonis , Doyen, Douglass , Goehringer and Sawicki. This resolution was unanimously adopted. RESERVED DECISION: APPEAL NO. FL-9. Upon application of Frank Curran, by Peter R. Stoutenburgh, 3075 Indian Neck Lane, Peconic, NY for a Variance to the Flood Damage Prevention Law, Chapter 46-8.., Sections 46-17 , 46-18 , 46-19, for permission to construct improvements exceeding 50% of the market value of existing structure, with base floor below the 8-foot minimum elevation above mean sea level in a Zone A, at 780 Fishermen' s Beach Road, Cutchogue, NY; Peconic Bay Properties, inc. ; Filed Subdivision Map No. 286, Lots 26 and part of Lot 27; County Tax Map Parcel No. 1000-111-1-16 . The public hearing concerning this appeal was held earlier this evening, at which time decision was reserved. The Board made the following findings and determination: By this appeal, applicants seek approval of the construction of an addition containing square footage of approximately 270 to be located at the southerly end of the existing one-family dwelling with a setback of approximately 63 feet from Haywaters Road and approximately 20 feet from the side property line (abutting Lot 25) and permission to construct new accessory storage shed containing an area of 312 square feet, both structures of which the building inspector concludes to exceed 500 of the market value and which �. , Southold Town Board of Appeals -5�- November 5 , 198I� (Appeal FL-9 - Frank Curran, continued : ) should therefore comply with all constructions methods and res- trictions in this A-4 Flood Zone. The premises in question contains area of 15 ,470 square feet with road frontage along Haywaters Road of 120 feet. The premises is improved with a substantial one- family dwelling and newly constructed addition, containing a total area of approximately 3,130 square feet. The ground eleva- tion above mean sea level is 5-8 feet at the westerly side of the existing dwelling and 8-5 feet at the easterly side of the existing dwelling. The proposed shed will have a slab foundation without crawl space area at 5-9 feet above mean sea level. The Flood Insurance Rate Map (FIRM) indicates that the property is located in a A-4 Flood Zone with a minimum elevation at- 8 feet above mean sea level. The Board finds that 'there are homes in the neighborhood of the lot in question of similar size, and the dwell- ings ' lowest floors are constructed below the minimum base flood level. The Board also finds that the lot in question meets the standards set forth in Section 46-16A of the Code since it contains ' an area of less than one-half acre and is contiguous to and sur- rounded by lots with existing structures constructed below the base flood level. In passing upon this application, the Board has considered all technical evaluations; all relevant factors; all standards specified in the Code ; and all of the applicable factors contained in Section 46-15B, subdivisions (1) to (11) , inclusive, of the Code. The Board further finds and determines that: (1) There is a good and sufficient cause for the grant of this variance; (2) A failure to grant the variance would result in exceptional hardship to the applicant; (3) The grant of a variance will not result in increased flood heights , or additional threats to public safety, or extraordinary public expense, or create nuisances, or cause fraud, or victimize the public, or conflict with existing local laws or rules or regulations. On motion by Mr. Sawicki, seconded by Mr. Douglass , it was RESOLVED, that the application of Frank Curran and wife, Appeal No. FL-9 BE AND HEREBY IS GRANTED a Variance from the Pro- visions of the Flood Damage Prevention Law of the Town of Southold to construct addition and accessory storage building with minimum base flood elevations as applied for, on premises known as 780 Fishermen ' s Beach Road, Cutchogue, NY; Peconic Bay Properties, Inc. Filed Subdivision Map No. 286 , Lots 26 and part of Lot 27; County Tax Map Parcel No. 1000-111-1-16 , SUBJECT TO THE FOLLOWING CONDI- TIONS: (1) That prior to the commencement of construction, the applicant apply for and obtain a Development Permit from the Town Building Inspector, pursuant to the provisions of the Flood Damage -a Town Board of Appeals -5a November 5 , 1981 Appeal FL-9 - Frank Curran, continued : ) Prevention Law; (2) That there shall be no habitable (living) area at any time below the requested minimum base flood level ; (3) That there shall be no habitable living area below the first floor of the new addition, such as cellar, basement, utility or storage areas; AND IT IS FURTHER RESOLVED, that pursuant to the Provisions of Section 46-16F of the Code, the applicant is-, hereby-given notice that the structure for which this variance is granted will be per- mitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; AND IT IS FURTHER RESOLVED, that the Secretary to this Board transmit copies of this determination to` the applicants and to the Town Building Inspector. Vote of the Board: Ayes : Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. This resolution was unanimously adopted. Richard J. Cron, Esq. and Arthur M. Schwartz, M.D. appeared before the board tonight at the advice of the Chairman to discuss a right-of-way which will be the subject of a variance application for "approval of access. " Apparently, Mr. Cron and Dr. Schwartz misunderstand that an application should have first been filed before discussing this matter. Mr. Cron said they will file an application as early as possible. RESERVED DECISION PENDING in the matter of APPEAL NO. 2893 - MATTITUCK AIR BASE. The board agreed to deliberate and research this matter further, and that a Special Meeting is hereby scheduled to be held next Saturday morning at approximately 9 :15 a.m. Being there was no further business properly coming before the board at this time, the Chairman declared the meetng adjourned at approximately 11 : 30 p.m. APPROVE Respectfully submitted, Linda F. Kowalski r, Secretary Southold Town Board of Appeals . Chairman Board of Appeals" Wj AN Ti 31 Environment East, Inc: R.R.No. 3— 3075 Indian Neck Lane Peconic,New York 11958: 516-7 34-7474 April 10., 1989 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Dear Sirs , As agent for Mr. Frank Curran, we are requesting that a hold be put on the application for a variance, Application # 3834 , . for front yard set back and lot coverage. The NYS Department of Environment Conservation has suggested an alternative lo_ do for the proposed pool and deck. We are rerpo"I t-Ing t . ] c3 del y while the siirtcr#rs1.—Jon is looked into . ...ur 1 y [(JI, (ars 1-11c:uiivi'asi� Sincerely, Peter R. Sto tenbu gh President Environmen East , Inc . PRS : jm f j �. \j,/A I 1\t ��• y ;. ` ALL-PPOPERTI�-S 1c/ 60stft cr- P M 0, m Q \ ABDVE HIGN WP%TER /5 z/7vsg.F� HOOS E f)O0L. . '• �i-G � pERCEN� AuFt�NGY E'{�r�lil),�� `i, . '� 16.y��► �.� I,.'�1'IIPlC� l'l(�.l�t`�+�". I INy\N/ATL.RS RUAV 20 XISr . C,. HOUSE• 26 '/u c-x��-►�NVHOVSE wlP.avl. • I I W. Q4 I J �a• \/AT V_R S CO\/Ecr- R. O Ic I 1 , �z ALL.PROPERTIGS f 90-t-�o--Ift, :u ABD\hk HIGH WPx,-TER /5 L/70 s,.F+ 9 ,7 Hoo.s E- 3o(.C, G r P F.RC L N7 U u P/'MN G Y EX1.3TING f1(JU3E w/pvOL �20" �- Al3ovE HIGH wA'1E-R 1-I[\YWP\T L RS. POND -� 20 '/a rE XIS T//V G HOUSE `T 26 '/u cx��iNGNtwSE WIPdvL. V •b' 1nr��1��76wMiWYr i T H A\. �\,./A—T- --R S COVE , c�. i I U3 �\ i �i ALL PROPFRTIGS 1-/0803ev :v .o cr- o- M ,� Q` ABDVE HIGN MINTER 15 H7 b yvus E 306F. !3iPt po n G � s► G "rl � p�RCE.tv7 OF pCCt„)Ft1NGY .a EXISTM G AIOU6E w1poot- /20' �- A13o\jE HIGH WA-jER . 1 l/\Y\n/Al L RS RoND _ 2(O % r:XISTNVG Hov66 INGH0�9SE vj#ovL 0 Ta d I ( Imo• 11 s71•: yid \ , y - ��/1N.V %C�- '.'•.' /'"� ✓ F44e nvlronmen as y n , 49 P0001110,Now Yoek 119W C'. 516-734.7474 To Whom It May Conoerns Frank Curran authors;• Environment mast# Inc. to act. as say agent Ln appliru for permits to oonstruct a -Pool. deck, h fence on my property at 780 Haywgiters Boad.Cute ho ue � . L Signed ; own l acludias: NYS Dept. of k aviron. Cadeerv. US ,Army Corps 'or k ngi rase rW Town oP Sgu.thold I i I . e .,NOTICE OF HEARINGS .NOTICE _",IS.. ,,.HEREBY.. IVEN, pursuant sideyards.Lot area off premises `G to Section 267.of,the Town Law. _ is nonconforming and the g at a Pproxi Code of the Town of Southold, mately 11,718 sq.ft.-in.this R-40, the following hearings will be Zone,District..Location of Pro held by the SOUTHOLD Pertyc,115 Parsons'.Boulevard,' 'TOWN BOARD OF APPEALS (Private"Road), East Marion, dinance; Article III, Section I at a Regular Meeting; at the _ --NY:Map of Gardiners Bay Es-,' 100-32;for approval of lot con- so;* Southold Town:Hall,''Main fates; Lot 77.,and part of 78; taining insufficient lot,area Road, Southold; NY 11971-on County.Tax'Map Parcel No. ,; located along the easterly side of THURSDAY,APRIL`13, 1989, :1000-37-2 5 Breakwater,(or.Luthers) Road, at the following times 7:55 p m. Appl No. 3837 Hamleu6f Mattituck,NY;iden- p.m. Appl. No. 3832= WAYNE L. AND TERZ✓SA A:" tified.onthe.Suffolk County O -Variance JOHN FORSBERG• Variance MAZZAFERR Variance to .. Maps as District:1000, Section to the Zoning Ordinance,Arti-• 'the Zoning Ordinance, Article 106,.B1ock 9,2.004(]art of 2.1). cle XXIV;Section 100-242(and XXIV;,Section 100.-244 and The.premises'ig located 3n.the -,:Article III-A, Section:':100-' .ticle'III A, Section"100-30A:3 R-80 Zone.District ,;. ; :�, ,:: >f30A.3)'for permission.to:con- for permission for approval of. 8:20 p.m:•Appl: No.'3787 '. tract decks)to existing single- lsting_swimming'pool with;: 'M�iJO V ROBINS:Variance to' ;family dwelling structure; :'.deck areas.which will have an in the Zoning.Ordinance,Article sufficient rearyard setback when".'. 11I:A;Section IOQ-30A.3 for a -Gaming the nonconforming side-__; p attached,by a'raised'deck to the;. ';proval of lour`,yard setback-as' exists at the parcels with in `. westerly.sie 'Lot area of pre-. rear of,the,existing dwelling.Lot: sufficient lot area in this pend-. mises is nonconforming at ap area of premises. is noncon :ing:subdivision Igeated along Proximately I1,500 sq.ft.in this forming.at 10,000 sq.'ft:m this -'the east.side of Little Neck R-40 Zone District.Location of R-40 Zone`District.Location of Road,the north side of Baldwin Property:.. 1310 West ..Road,': ,-Property: 1650 Gillette Drive, Place, -and :the west .side of Cutchogue, NY; County Tax • East Marion, NY;: Map of'. Strohson,Road, in the Hamlet Map No. 1000-110-5-12. .� Marion Manor,Lot#17;Coun- of Cutchogue;County Tax Map 7:40 p.m. Appl. No. 3839— ty Tax Map Parcel No. 1000-38-. No. 1000-103-10-2: Total lot DIANE DUNBAR.Variance to 2 17 area: 6.039 acres. The premises the Zoning Ordinance, Article 8:00 P•m.'Appl. No: 3,835SE is located in the',R-80 Zone III; Section 100-31 as-disap= ARTHUR.V. JUNGE, INC. ..: District.` ':'.'=' proved; Article III-A, Section Amendment to Special Excep- 8:30 p.m:"Appl:':No.,.3813— '100-30A.3 and Article XXIV; .: tion Granted under.Appl. No. . SHELDON HILLS as 'Rustee 39� Section 100-242B for permission 3705 under Article VIII,Section for Barterama Corp.Employees to cons;truct open deck addition 100-80B of the prior Zoning Profit Sharing'Bust. Variances with an insufficient setback Regulations for'this previously, requested to reduce side yards to' from the front property line `. zoned C-Light.Industrial Zone;„ less than the required 20 and.25 along 'Dogwood Lane (west).: District,now re-zoned to Light feet, and less than the total 45' I Lot area of premises is noncon- : Industrial Article XIV,Section . feet for both sideyards;on this forming at 16,423 t square feet 100141,to include establishment 2+ acre vacant parcel. Zone M tt tl�is'.R-4Q ZowDi§tricti:SLoca ' ` xi{fit tc repairs„with F outside,,a: ,r4;District:;R 80 Location'of Pro - storage and future occupancy of „_perty: Private Right-of-Way re_` .,�:�•tion of Property:615 Dogwood y :East ,Marion; Map•.of?` vacant building area at easterly ferred'to as.Private Road #11 Gardiners Bay Estates, Section side of building,(a use to•be a (also referred to as Aldrich Lane -_'2, Lot Nos.98 and 99; County' �'""`permitted'use in'this Zone Dis- Extension);`�.ekteiiding off the' . Tax Map No. 1000-37-1-11: trict). Location of. Property:., :north' side of Sound Avenue, 7:45 p:m. Appl. No. 3833 6(' 223.55 C.R.48,Cutchogue,NY; Mattituck, "NY, County Tax PETER DESANCTIS.,Variance County Tax Map District 1000, -: Map District 1000,Section 112, to the Zoning Ordinance,Arti- ,. Section 96,;Block 1,.Lot 19;con-• Block 1,Lot 12•Southold Town cle III A,Section 100�30A.3 for taining 45,589t sq:.ft. in lot . Planning Board Approved Set-' area.. Off Ma approval of open deck addition . • •: p March 4 1985. ' '• ' with an insufficient setback - 8:05 p.m. Appl. No. 3834 The Board bf Appeals will at from the southerly side proper- FRANK CURRAN.Variance to said time and place hear any and : ty line,adjacent to existing fence ., the Zoning Ordinance, Article all persons o'r representatives' enclosure.Lot area of premises ,. III-A, Section 100-30A.3, and desiring to:be heard in each of is nonconforming at approxi- mately " Article XXIV,Section 100-242, the above matters.Written com-: _ * 26,964 sq.ft.in this R 40 ,. for an amendment' to -prior ments may'also be submitted Zone District.Location of Pro- Z.B.A.Appeal No.3769 render- prior to the conclusion of the perty: 380,Inlet Lane, Green-. ed October 26, 1988, for con subject hearing. Each hearing, port,NY;County Tax Map No.' struction of a pool with deck. will not start before the time al- . 1000-43-5-2. and fence enclosure with an in- lotted..Additional time for your, ' 1:50 p.m. Appl. No. 3836—.:. sufficient frontyard setback and presentation will be available;if ANNA SCHALLER. Variance"' excessive lot coverage, at pre- :° needed.,For more information,';;_: to the Zoning Ordinance,Arti-. : raises known as 780 Haywaters please call 765-1809. cle III,Section 100-31 as disap- ` Road, Cutchogue, NY; County Dated: March 30, 1989 proved, Article III A, Section Tax Map Parcel No. 1000-111-01, BY ORDER'OF- 100-30AS and Article XXIV 016.Lot is nonconforming with THE SOUTHOLD.TOWN ' '? a lot area'of 19,080 s ,ft.'m t,' :'. ':`:'Section 100-242B for permission .. q s' BOARD OF APPEALS to.construcf:(garage) addition R40 Zone District :GERARD P,-Go EHRINGER ",. -with an insufficient setback . 8:15 p.m Appl: No. 3819 CHAIRMAN RUTHANN BARTRA from the northerly side proper-..' By-Linda-Kowalski ty line:and insufficient total Variance 'to the Zoning,.Or� r ,,•;;,_ :IX,:4/6/89 (1131 erty:IIS Parson's Boulevard(Private Roar" c-st Marion, NY; Map of:�- Gard Bay Estates;Lot 77 and part, County Tax Map Parcel STATE OF NEW q No.1000-37-2-5. _ • 7:55 p.m. Appl. No. 3837 SS: WAYNE L. AND TERESA A. COUNTY OF SUFFOLK) MAZZAFERRO. Variance to the Zoning.Ordinance, Article XXIV, Section 100-244 and Article III-A,' Ma r i b e th Powers of Mattituek, In Section 100-30A.3 for permission for approval of existing swimmingpool,: said County,being duly sworn,says that he/she Is Principal with deck areas which will have an Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, insufficient rearyard setback when at- tached by a raised deck to the rear of published at Mattituek, in the Town of Southold, County of the existing dwelling. Lot area of premises is nonconforming at 10,000 Suffolk and State of New York,and that the Notice of which := sq. ft. in this R-40 Zone District. the annexed is a printed copy,has been regularly published in Location of Property: 1650 Gillette Drive, East Marion, NY, Map of'. said Newspaper once each week for 1 weeks Marion'Manor,Lot#17;County Tax successively, commencing on the 6 day of Map Parcel No.1000-38-2-17. 8:00 p.m. Appl.No. 3835Sfi ARTHUR V. JUNGE, INC.- Amendment to Special Exception- Granted under AppL No.3705 under Article VIII,Section 100-80B of the* rC prior Zoning Regulations for this previously zoned C-Light Industrial,. Continued irorn.previous-page Zone District,now re-zoned to Light: Principal Clerk Industrial,Article)(IV,Section 100- 141;to include establishment of ca/0 clonal time for your presentation will repairs with outside storage and future be available,if needed.For more in- occupancy of vacant building area at formation,please call 765-1809. easterly side of building(a use to be a- Dated:March 30,1989. permitted use in.this Zone District). BY ORDER OF THE SOUTHOLD Location of Property: 22355 C.R.- TOWN BOARD OF APPEALS y;ARY 1C!'l GPJ.AN 48,Cutchogue, NY; County Tax GERARD P.GOEHRINGER O'iii';P'.I? ;•�! ;_.: , New York 1I Map District 1000,Section 96,Block CHAIRMAN t'uiioll:';rt,t;t;``,,4i349860 1.Lot 19;containing 45,589t sq.ft. 6251-1TA6 4+"'•' Hy Lin da K wa Tenn Expires Februar o in lot area.. 8:05 p.m. Appl. No. 3834 — — _4,,..,.- - - _ -- FRANK - --- — - - — -.. - K CURRAN.Variance to the NOTICE OF HEARINGS' -- Z- g Ordutance;Article III-_A,Sec- NOTICE IS HEREBY GIVEN,'. . ;uon 100-30A.3,and,Article XXIV,.- NOTICE for art amendment Pursuant to Section 267 of the Town to prior Z.B.A.-Appeal.No. 376$ "Law and the Code of the Town of ' :'.rendered October 26, 1988,for con Southold,the following hearings will.: itttvction of A Pool with deck an be held by the SOUTHOLD TOWN .,.`'=`fence enclosure month an'insufficient " BOARD OF APPEALS at a Regtilai ;. ''frontyard ietback and excessive lot Meeting,u the Southold Town HA.,>' coverage,at premises known as 780 Main Road,Southold,NY 11971,.on Haywaters Road;'Cutchogue,NY,; THIJRSDAY, APRII, 13 1989, at County Tax Map Parcel.No. 1000- the following` � 131-01-016.,Lot in nonconforming 7:35 p m. Appl. No. 3832"-}:';" with a lot area of 19,080 sq. ft. in. JOHN FORSBERG.Variance to the ' this R 40 Zone District Zoning Ordinance, Article XXIV. `: ._ 8:15 p.m. Appl: No..3819 \ Section 100-242(and Article III-A,. RUTHANN BARTRA..Variance to Section IOj)-30A.3)for permission to' the Zoning Ordinance, Article.III;--- construct deck(s)to existing single Section 100-32,for approval of lot family dwelling structure,maintain- " ..containing insufficient lot area located mg the nonconforming sideyard set- along the easterly side of Breakwater,.: back as exists at the westerly side..;;'f;.:(or Luthers)Road,Hamlet of Matti- Lot area of premises is nonconform- ". tuck,NY;identified on the Suffolk mg at approximately 11,500 sq.ft.in County Tax Maps as District 1000. this R-40 Zone DiStrict•.Location of Section 106,Block 9,.2.004(part of :.Property: = 1310 West Road,. = -2.1).The premises is located in the Cutchogue,'NY; County Tax.Map; R-80 Zone District. No.,1000-110 5-12 8:20 P.M. Appl. No. 3787 = _ 7:40 pxL Appl.No.3839—DI- MARION ROBINS.Variance to the 1` ANE DUNBAR. Variance to the Zoning Ordinance,Article III-A,Sec= Zoning Ordinance,Article III,Section lion 100-30A.3 for approval of four'. `100-31 as disapproved,Article III-A. ":'.:-_ parcels'with insufficient lot area in. Section 100-30A3 and Article XXIV, this pending subdivision located along Section 100-242B for permission to „` the east side of Little Neck Road,the construct opal deckle addition month an north side of Baldwin Place and the. .inauf5aieat MAC _ the � set ida`of 1aldw '" VwPer lme"alon"`.--+ h #r�D w a bit�Rofid'rin the " (west).Lot area of Dogwood Lane _1 T Hamlet of Cutchogue;=County Tax conforming premises ra son- :;--= ;.:;Map No:"1000=103-10-2 Total lot. omung u 16,423t square feet in area:6.039 acres. The premises is this R-40 Zone District Location of located in the R-80 Zone District. _Propehhy:615 Dogwood Lane, East 8:30 pp _ 13 Marion;Map of Gardiners Bay Es-.. SHELDON HILLS as Trusteefor tates.Section 2.Lot Nos.98 and 99; "; - Barterama Corp. Employees Profit County Tax Map No. .38337-1-11. Sharing Trust.Variances requested to _ 7:45 p.m.Appl.No.3833—PE-._.a :, TER.DESANCTIS. Variance to the-.`". reduce side yards to less than the re- Zoning Ordinance.Article III-A,Sec- ,.:t;„ quired 20 and 25 feet,and less than lion 100-30A.3 fora .; the total 45 feet for both sideyards,on deck additiott'with an insroufficient set- this 2+acre vacant parcel.Zone Dis. back from the southerlyside trick: R-80. Location of Property; property I rf Private Right-of-Way referred to as fine.adjacent to existing fens en Private Road iil 1 (also referred to as sure.Lot area of premises is noncon-i-, Aldrich Lane Extension),extending fomung-at approximately 26,964 sq. off the north side of Sound Avenue; . ft.in this R 40 Zone District,Loco- Mattituck, NY; County Tax Map Greatp lien p Property; 380 Inlet Lane District 1000.Section 112,Block 1, . -5-NY;County Tax Map N,o: ' Lot 12; Southold Town Planning 7:50 p.m. Appl. No. 3836 - Board Approved Set-Off Map March ANNA SCIiALLER.Variance to the 4, 1985. Zoning Ordinance,Article The Board of Appeals will at said. 100-31 as disc �'Section time and place hear any and all per- Sectioa 100-30A.3,,and Article 111-le, sons or representatives desiring to be XXIV.Section 100-242B for _ heard in each of the above matters,. sion to construct(garage) additions Written comments may also be sub- with an insufficient setback from the mitted Prior to the conclusion of the northerly side property line and insuf- .. subject hearing.Each hearing will not fieient total sideyards. Lot area of . .` Start•before the time allotted.Addi- premises is nonconforming at tip Proximately 11,718 Sq,fL in this R ` + i See Lsgals,next page _ s S�FFOCKc :� Southold T6wn Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOL•D, L.I., N.Y. 11971 �+ TELEPHONE (516) 765-1809 • r APPEALS BOARD MEMBERS April 13, . 1989 GERARD P. GOEHRINGER, CHAIRMAN S,E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI JAMES DINIZIO, JR. Notice of Determination of Non-Significance APPEAL NO. : 3834 PROJECT NAME: "RANK 'CURRAN This notice is issued pursuaAt 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 444-4 of the Town of Southold.. This board determines the within project not to have a sig*Iifi- cant adverse effect on the environment: for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] aype 'II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Amendment -to pr1or Z.B.A. Appeal -No.. 3769 for construction of a pool with deck and 'Eence enclosure with insufficient frontyard setback and excessive lot coverage. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 780 Haywat.ers .,Road, Cutchogue, NY 1000-111-1-16 4 " REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has- been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project'be imple- mented as planned; (2) The relief requested is 'a setback variance as regulated by Section 617 . 13, _ 6 NYCRR, SEQRA. FOR FURTIIER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, . Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to ,the applicant or his agent and posted on the Town Clerk Bulletin Board F of Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER _ CHAIRMAN ( £ ,5' Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: March 7, 1989 Transmitted herewith is Zoning Appeal No. 3834 application of Environment East, Inc. (Frank Curran) for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Lund Use; Notice of Disapproval 'from the Building Department; survey of property; and any other attachments relative to this application. • Judith T. Terry Cnrrthn1r-1 -rni m ('IorL Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS April 13, 1989 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI JAMES DINIZIO, JR. Notice Of Determination Of Non-Significance APPEAL NO. : 3834 PROJECT NAME: 'FRANK 'CURRAN 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 T44-4 of the Town of Southold. This board determines the within project not to have a sig_�ifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION:Amendment to pr$or Z.B.A. Appeal No. 3769 for construction of a pool with deck and fence enclosure with insufficient frontyard setback and excessive lot coverage. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 780 Haywaters Road, Cutchogue, NY 1000-111-1-16 - REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617 . 13, 6 NYCRR, SEQRA. FOR FURTIIER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. ,14-16-4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 ` _ SEn+ R Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT(SPONSOR ! 2. PROJECT NAME 3. PROJECT LOCATION: Municipality C �- o CA o County 0F�7o 4. PRECISE LOCATION(Street address aM road intersections,prominent landmarks,etc.,or provide map) $o �-�aya�et`s T2coa P 5. IS PROPOSED ACTION: ❑New Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 11 1 11 To C-0j� -�5VU ck c, 15 X 3�r poo1 w ,NAr\ g y 7. AMOUNT OF LAND AFFECTED: Initially o acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes 19 No If No,describe briefly - o"�.�y vc�.•C`fi e:�cee. a.s1�e.� �o c- 9. WpH�AT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? wYes ©No If yes, list agency(s)and permit/approvals N,Y S, °D� C,, PR.06 f o 8 Fl a� 55 11. DOES.f-W ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • Yes ❑No If yes, list agency name and permit/approval 12.-AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: nr— 19 g4 Date: F�U Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER . (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _Yes NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes �No 3. Will project alter or have a large effect on an existing body of water? _Yes _L/ No - 4. Will project have a potentially large impact on groundwater quality? Yes ✓ No 5. Will project significantly effect drainage flow on adjacent sites? Yes V No 6. Will project affect any threatened or endangered plant or animal species? Yes V No 7. Will project result in a major adverse effect on air quality? Yes No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas G known to be important to the community?' Yes No 9. Will project adversely impact anysite or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? Yes V No 10. Will project have a major effect on existing or future recreational opportunities? Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes ✓ No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes No 13. Will project have any impact on public health / or safety? Yes d/ No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes No period or have a major negative effect on the characte— of the community or neighborhood? 15. Is there pub controversy concerning the project? /k _Yes No Preparer's Signaturre2 / Representing: A � (�vrc,• Date: ZBA y/75 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED LCT11 YOUR APPLICATION UORI-IS TO ` 11E 7) RD OU APPEALS Please complete, sign and return to,, the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to anv questions below, please be sure to'. depict these areas on your survev (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code,. Ch. 97 for your reference. ) Yes No b) Are there any areas open' to a waterway without bulkhead? Yes No 3. Are there existin uctures at or below ground level, such as patios ounditions, etc? Yes No 4. Are there any existing or ropose �fen�ce�� concrete barriers , decks, etc? Yes No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9 . Do state whether or not applications are..pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes No Town Board Yes No Town Trustees Yes No County Health Department Yes No Village of Greenport Yes No N.Y.S.D.E.C. 9co�e k �aer- i�- ��- �oSS (:Yes No Other Yes No 10 . Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) . Yes No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes va 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time Re zi%�e-na,c,) and proposed 9'e-<%oe,rA; 0\ Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance e oard of Appeals in considering my application. Signatur (Property Ow er) Authorized Agent 1/88 t j WETLANDS (Amended 8-2G-7G by L.L. No. 2-1976; 3-26- 85.by L-L. No.(,-1!)85]: r A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or.which border on, tidal waters, or I;mds lying beneath tidal waters, which at mean low tide are covered by tidal watery to a maximurn depth of five (5) feet, including,* but not limited to banks, bogs, salt marsh, swamlrs. meadow4, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following,*: salt hay, black grass, saltworts, sea lavender, tall c "it hay, high bush, cattails, groundsel. marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as `defined in Subsection A(2) and lying within seven- tY-five (75) feet landward of the most landward edge of such a tidal wetland. B. .. FRESIiWATER WETLANUS: (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York:and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection BM and Lying with- in seventy-five (75) feet landward of the most land- ward edge of a"freshwrrfer wetland." ( 9705 x-25-S,1 i .79 A been 001 rU TT.I IS I 16 2,425.000 0A(C F I.SCRT a I j 04 . 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BI.,L L..., P-16 D.--1 P--# MI17AI41 5-4-1 D.....,L.- S.—D--1 L— --.S--. lu—.—,,.%— 921) C.1-1-4&- 17A,.I i BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of 'l' ail; + c�C�rdna Cu ran, � an, NOTICE to the Board of Appeals of the Town.of Southold TO -.= ,;� ADJACENT t®: - FROMTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That J11ilbe intention.of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which Is the subject of the Petition Is located adjacent to your property and Is des. cribed as-follows: / n' w 'i a C- X /DU B d eho w1' \ of 5�nrl%g Erc.vv�,e8 k6wl,e 3. That the property which is thesubject of such Petition is located in the following zoning district: 4. That by such` Petition, the undersigned will request the following relief:]] �11Q+ 1DQQ k AAA. sic°c Lc I)e c n ass r�1LteA j N C r S'I.A CA l fn n u G r . J TO JrQ 72 i s. That the provislons.of the Southold Town.Zoning Code applicable to the relief fought by the udder, signed are Article Section /610 — 1 1 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main-Road Southold, New York and you:may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of,Appeals; that a notice of such hearing must be,published at least five days prior to the-date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of'Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. ' Qated;. a. ale) z '8Q j d=ri i r-o m�n� has+ Inc o Petitioner Owners Names : F,ar.k f " Cyr-rti,n Post Office Address Tel . No . ( SI(o ) 7314 - 7g74 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) 2 residing at . % �- being duly sworn, deposes and says that on the T day of �I 19 : deponent mailed a true copy of the Notice set forth onTTTthe�re• verse bide hereof, directed to each of the above•named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on I(i CUFF011 505 C t ra t the. Town of �199.t q' 101 tha! m1d. Nnnlcmm wero M@110 o toy - that said Notiee� ere mailed to each 6f said porwiis by (certified) (registered) marl. Sworn to before me this day of 1q?ate 19 _. HELEM K.DE VOE h a'r/D e/ NOTARY PUBLIC,State©1 Ne%q Yorke ft.4707878,Suftl'E County Notary Public Term Expires March 30,19 (This side does not have to be completed on form transmitted to adjoining property owners . )