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HomeMy WebLinkAbout3842 " �oS�FFOL��o Southold Town Board of Appeals �•�DI ��®� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., 'N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3842: Application of CRESCENT BEACH CONDOMINIUMS. Variance to 'the Zoning Ordinance, Article XXVIII, Section 100-271 (D) , for permission to enclose decks or patios of units with glass windows with insufficient setback. Property Location: End of Maple Lane, East Marion in this Resort/Residential (RR) Zone District, County Map No. 1000, Section 38.01, Block 7 , Lot 21 units. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of -the Application of CRESCENT BEACH CONDOS. ' Under Appeal No. 3842; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and - WHEREAS, the Board made the following findings of' fact: 1. The premises in question is located along the south of Route 25, Town of East Marion and is identified on the Suffolk county Tax Maps as District 1000, Section 38. 01, Block 7, Lot 21 units. 2. This is an application for Variances from the Zoning / code Article XXVIII, Section 100-271 (D) , for permission to . enclose decks or patios with glass windows with insufficient setbacks. Page 2 - Appl. No. 3842 Matter of CRESCENT BEACH CONDOS. Decision rendered October 12, 1989 3 . Article XXVIII, Section 100-271 (D) , in addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: D. Interpretations: on appeal from order, decision or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified. or made Tinder the provisions of this chapter. ( 2) Determine the exact location of any district boundary shown on the Zoning Map. 4. In considering this application, the Board finds and determines; (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the matter of the application of CRESCENT BEACH CONDOS as applied under Appeal No. 3842 for the enclosure of existing decks or patios with glass windows. Vote of the board: ' Ayes: Messrs. Goehringer, Grigonis, Dinizio. (Absent Serge Doyen, Fishers Island and Joseph Sawicki) . This resolution was duly adopted. dff GEREARD P. GOEHRINGER, CHAIRMAN Sg air ' Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y.-11971 ®1 oil � TELEPHONE(516)765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. NOTICE OF HEARINGS 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, SEPTEMBER 21, 1989, at the following times: 7 : 30 p.m. Appl. No. 3861 - SOUTHOLD FREE LIBRARY. Variance to the Zoning Ordinance, Article IX, Section 100-102, as Disapproved, (nonconforming Bulk area and parking requirements of the Hamlet Business District) Proposed construction will have insufficient total side yard setbacks. Property.Location: 53705 Main Road, Southold; County Tax Map No. 1000, Section 61, Block 1, Lot 14 . Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7 :35 p.m. Appl. No. 3859 - EMANUEL PIPERAKIS AND DIMITRIOS AGRIROPOULOUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d (A) (1) , as disapproved, for permission to construct and inground pool with deck and fence, within 100 feet from Sound in this R-40 Zone District. Property Location: 3410 North Sea Drive, Orient; County Tax Map No. 1000, Section 15, Block 1, Lot 3 . 7: 40 p.m. Appl. No. 3798 - ELIZABETH McCANCE. Variance to the Zoning Ordinance, Article I, Section 106-20 (Article III Section 100-31 as Disapproved) for approval of insufficient area in this pending division of land.of property, (R-80 Zone District. ) Property Location: Mansion House Drive, Fishers Island; County Tax Map District 1000, Section 06, Block 05, Lot 3-5.1. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7 :45 p.m. Appl. No. 3863 - NICHOLAS TSIRKAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, as disapproved, for permission to construct a one family dwelling with an insufficient 40' frontyard setback in this R-40 Zone District. Property Location 2700 Sound Avenue, Greenport, County Tax Map District 1000, Section 033, Block 01, Lot 11. 7 : 50 p.m. Appl. No. 3827 - EDWIN KINSCHERF. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-31, as disapproved) , for approval of insufficient areas in this pending subdivision (R-40 Zone District. ) Property Location: 350 Wood Lane, Greenport, Section 043, Block 04, Lot 29-30-35. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 7 : 55. p.m. Appl. No. 3864 - LOEPOLD STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) , for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 1000, Section 37, Block 5, Lot 22. 8: 00 p.m. Appl. No. 3865 - CHARLES AND CAROL BURST. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3 , as disapproved, for permission to construct addition with insufficient side and rearyard setbacks in this R-40 Zone District. Property Location: 705 Windy Point Road, County Tax Map District 1000, Section 87, Block 4, Lot 6. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8: 05 p.m. Appl. No. 3866 - HENRY ARBEENY. Variance to the Zoning Ordinance, Article VIII, Section 100-82, as disapproved, for approval of insufficient area in this pending subdivision, (Light Business Zoning District (LB) , Property Location: Route 48, Kenny' s Road, Southold, County Tax Map District 1000, Section 059, Block 07, Lot 31. 8:10 p.m. Appl. No. 3849 - CIPITELLI BROS. REALTY. Variance to the Zoning Ordinance, Article XXIII , Section 100-239d, A ( 1) , as disapproved, for permission to construct a one family dwelling with a insufficient setback and within 100 feet from Long Island Sound in this R-40 Zone District. Location of Property: 90 Petty' s Drive, Orient, County Tax Map No. 10001, Section 14, Block 2, Lot 24. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8: 15 p.m. Appl. No. 3852 - RICHARD DiBLASI . Variance to the Zoning Ordinance, Article III, Section 100-30A3, as disapproved, for permission to construct open deck in front yard, nonconforming with bulk area and parking regulations in this R-40 Zone District. Property Location: 360 Bayview Drive, East Marion, County Tax Map No. 1000, Section 037 , Block 04, Lot 01. 8:20 p.m. Appl. No. 3852 - ELLIOT PASKOFF. Variance to the Zoning Ordinance, Article III A, Section 100-30A.3, (Article XXIII, Section 100-231 (A) , as disapproved) for permission to construct an attached deck with insufficient side yard and accessory fence (trellis) in front yard at the height of more than required 4 feet. Lot area is nonconforming in this R-40 Zone District. Property Location 205 North .Sea Drive, Southold, NY, County Tax Map No. 1000, Section 54, Block 4, Lot 4. Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:25 p.m. Appl. No. 3854 - NANCY STEIN. Variance to the Zoning Ordinance, Article III, Section 100-119.2. (Article I, Section 97-12C, as disapproved) for permission to construct a deck addition within 75 feet of water or wetlands. Zoning District R-40. Property Location: 2535 Cedar Lane, East Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10. 8 :30 p.m. Appl. No. 3857 - MICHAEL TOFFALIS. Variance to the Zoning Ordinance, Article XXIV, Section 100-244. As disapproved, for permission to construct a deck addition, insufficient rear yard setback for nonconforming lot in a R-40 Zone District. Property Location: 50 Captain Kidd Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 03, Lot 028. Page 8 - Notice of Hearings . Southold Town Board of Appeals Regular Meeting of September 21, 1989 8:35 p.m. Appl. No. 3858 - BERNARD COSIMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244, as disapproved) for permission to construct a deck addition within 75 feet of bulkhead. Construction has insufficient total side yard setbacks in this R-40 Zone District. Property Location: Watersedge Way, Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63 . 8: 40 p.m. Appl. No. 3542 - CLIFFSIDE (TIDE MARK) . Variance to the Zoning Ordinance, Article V, Section 100-50B Special Exception, (Article XIII, as disapproved) for permission to construct 76 Motel Units in this Resort/ Residential (RR) Zone District. Property Location: 61475 County 48, Greenport, County Tax Map No. 1000, Section 045, Block 01, Lot 01. Page 9 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 8: 45 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the Zoning Ordinance, Article XII, Section 100-121C - 122, (Section 100-239D, as disapproved) for permission to construct Boat Storage Building with insufficient setbacks and excessive lot coverage in this Marine II (M-II) Zoning District. Property Location: Main Road, Southold, County tax Map No. 1000, Section 056, Block 04, 06, Lot 10.1, 11, 12.2, 3 .2, 3 .3, 4, 6.1. 8: 50 p.m. Appl. No. 3842 - CRESCENT BEACH CONDOS. Variance to the Zoning Ordinance. Article XXVII, Section 100-271, as disapproved, for permission to enclose decks or patios of units to be enclosed with glass windows with insufficient setbacks. i' Property Location: End of Maple Lane, East Marion, in this Resort/Residential (RR) Zone District, County Map No. 1000, ection 38, Block 7 , Lot 21 units. Page 10 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing your presentation will be available, if needed. For more information, please call 765-1809; Dated September 1, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPE.CTORRECOW APPEAL NO. �- APR 121989 DATE............................... TO THE ZONING BOARD OF APPEALS, TOWN 0 Ff6qUt d 1 (We) ....of ....:Map.le..Lane.............................................. Name of Appellant Street and Number East Marion, Town of Southold New York ,,,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 ................................................................................. Name of Applicant for permit of .................................................................................................................................. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....EXId„o ) �pl�„La,�;�,,, East„ r on,..... R)„� Resort Residential Street /Hamlet / Use District .on Zoning Map District 1000 Sect on3 83.,dllp k 7 Lot 21u � ent Owner Attached 1_i si- of pr_ rty. .... ... . ......... Map No. Lot No. KKfWXx@WgLxX owners 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 XXVII Section 100-271 (D) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X )- 'A VARIANCE to the Zoning Ordinance or Zoning Map (Amend #1973 condition on Condo- ( ) A VARIANCE due to lackmolfnoc essaotf iRP wo�ceowr ��w2Chap. 62 Cons. Laws -- Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (49as) (hes m4et) 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. .... 5 5 ...Dated June 14,,, 19 7 9 ................ ........................ . ............................. No. 1819 Decision dated August 9 , 1973 REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x ) A Variance to the Zoning Ordinance is requested for the reason that In 1979 appe tilants sought permission to construct decks or patios with insufficient front and rear setbacks, the Variance was granted on -condition that the decks or patios would not be enclosed. The appellants were advised that the appeal was not necessary therefo!e, ___ appellants enclosed with glass the decks or patios. The appellants wish to rqcind condition #3 of Appeal #1819 and rEg�ind appeal #2552 . Form zsi (Continue on other side) j REASON FOR APPEAL Continued 1. STRICT APPLICATION,„OF., TH.E .ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because the appellants , in reliance on a letter dated February 21, 1986 from Mart. President, of the Board . of Managers (Exhibit 1) and a letter elated March 26, 1986 from Edward Hinderman, Building Inspector (Exhibit, 2) ,; proceeded to enclose decks and screened in porches. Over time all . 20 out 'of 21 units were enclosed with glass windows . To deny the recision of condition would require 20 owners of the 20 units to remove what is otherwise a very attractive enclosure improving the appear- ance of the units . - The units have greatly appreciated since 1973 when the condominium approval was initially granted by the Zoning Board of Appeals , therefore, the owners and Condominium Association wish to improve the units with the glass porches . 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate .vicinity of this.prope.rty and in this use district because .the original units. consist, of 600 square feet livable area. The living room wa.s also the sleeping area. The very small ,area and unique, waterfront location of the units encouraged the owners to enclose the screened in porches with glass windows . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the 'condominium units are isolated on a 5-acre parcel on Gardiner' s Bay. Twenty (20) out of Twenty-One (21) units were similarly enclosed. The enclosure are all the same character and, arch- itecture since the enclosures were .made ,from the decks and-screened porches The Town of Southold has assessed the enclosures and all the unit owners have paid taxes on their improvement. ' STATE OF NEW YORK ) ss ................. . ........ ............. ............ COUNTY OF SUFFOLK ) Si nature Swornto this ............ L' day of.... .................................................. 19V ........ .. .. ............... to ublic JAY A.TINTER NOTARY PUBLIC,State oZ York No.3989260 Filed Nas`s y Gt7inl1ti9^�i8f� MplrQa i{ 64 wr.. •� :. w.. .«....` .y:..�a.:,. .._.r..:..w._—..,.w... ,.ti....r:.._--+i.�t•..:ii...l:.,•.•;y, '` y,.y.o.s�..'a.ya.• '.... 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Box 1179 Southold, New York 11971 ROBERT H.BERNTSSON1 i• ... ASSISTANT TOWN ATTORNEY "' TELEPHONE (516) 765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD NOTICE PLEASE BE ADVISED DUE TO TWO LAWSUITS AGAINST THE TOWN OF SOUTHOLD, BROUGHT COLLECTIVELY BY THE NORTH FORK ENVIRONMENTAL COUNCIL, LEAGUE OF WOMEN VOTERS, SOUTHOLD f2000 AND MESSRS. WEISMANN AND FLYNN, THAT ANY PERMIT, APPROVAL OR ANY OTHER ACTION TAKEN PURSUANT TO CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD, ZONING, MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK. � Southo* ld Town Board of Appeats y ^��'r `y MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y: 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN September 21 , 1989. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S,E.f).R.A. JOSEPH H. SAWICKI JAMES DINIZIO,JR. TYPE II ACTION DECLARATION Appeal No. 3842 Project/Applicants: Crescent Beach Condo Association County Tax Map No. 1000- 38 . 1-1-Units 1-21 Location of Project: End of Maple Lane, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Rescind Condition #3 under previous Appeal #2552 in which • decks or patios were not to be enclosed. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental . Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction . concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. _ 0 tr s F f Southold 1 'o�v ®aid o� .A�meals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., N.Y. 11971 i, TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. ti SERGE DOYEN, JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3842: . Application of CRESCENT BEACH CONDOMINIUMS. Variance to the Zoning Ordinance, Article XXVIII, Section 100-271 (D) , for permission to enclose decks or patios of units with .glass windows with insufficient setback. Property Location: End of Maple Lane, East Marion in this Resort/Residential (RR) Zone District, County Map No. 1000, Section 38.01, Block 7 , Lot 21 units. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CRESCENT BEACH CONDOS. ' Under Appeal No. 3842; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of' fact: 1. The premises in question is located along the south of Route 25, Town of East Marion and is identified on the Suffolk county Tax Maps as District 1000, Section 38. 01, Block 7, Lot 21 units. 2. This is an application for Variances from the Zoning code Article XXVIII",- Section 100-271 (D) , for permission to .enclose decks or patios with glass windows with insufficient • setbacks. Y Page 2 - Appl. No. 3842 Matter of CRESCENT BEACH CONDOS. Decision rendered October 12, 1989 3. Article XXVIII, Section 100-271 (D) , in addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: D. Interpretations: on appeal from order, decision or determination of an administrative officer .or -on request of any town officer, board or agency, to decide any of the following:- (1) Determine the meaning of any provision in this .chapter or of any condition or requirement specified or made. under the provisions of this chapter. ( 2) Determine the exact location of any district boundary shown on the Zoning Map. 4. In considering this application, the Board finds and determines; (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of' the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the matter of the application of CRESCENT BEACH CONDOS as applied under Appeal No. 3842 for the enclosure of existing decks or patios with glass windows. Vote of the board: Ayes: Messrs. Goehringer, Grigonis, Dinizio. (Absent Serge Doyen, Fishers Island and Joseph Sawicki) . This resolution was, duly adopted. df f GEREARD P. GOEHRINGER, CHAIRMAN TOWN OF SOUTHOLD, NEW YORK DATE ..rA.ugUfft.. 90 19?3 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1819 Dated July 271 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To James P• Kavanagh Appellant Rain Road East Miarion, Near York at a,meeting of the Zoning Board of Appeals on August 9* 1973 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due- to lack of access to property ( ) Request for a special exception under the Zoning Ordinance .(X) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 900 Pr«Ro (B,S.T*)# upon application of Jades P. Kavanaghp Main Roads East iiiarion* New Yorkg for a special exception in accordanoo ,with the Zoning .Ordinance# Article V, Section 500 B-3 and Article XV, Section 1504 la,. for permission to convert existing motel, known as Crescent Beach PIotell to permanent condominiumso location of propertyt south side Plain Roadp East Marion# bounded north by Man Road; east by Rudkoski and Dawn Estatesl' south by Gardiners Bayl west by Dawn Eetatoss Fee paid $15,00, 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not). be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 Varjorie moDermotts Secretary Southold Town Board of Appeals After investigation and inspection the Board finds that applicant requests permission to convert existing motel, known as Crescent Beach Motel, to permanent condominiums, located on the south side of Rain Road, East karion. New York. The findings of the Board are that applicant is the owner of a parcel of land comprising 5.32 acres on which are situated ten (10) buildings# each of which is a duplex, comprising; twenty (20) apartment units. The area is zoned multiple Residences ZZ-1. The units have one bedrooms living room, kitchenette, and bathrooms and the applicant proposes to sell the units to senior citizens on the basis of restricted seasonal use. The land area would be common land subject to control and maintenance of a properly constituted Property Owners Association. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently Or substantially injured and the spirit of the Ordinance will be_ observed. THEREFORE-IT WAS RE:OLVED#. James P. havanaghs Main Road, East aparions New 'York, be GRAf TED permission to convert existing motels known as Crescent Beach motel, to permanent condominiums. Location of propertys south side of Main road East blarions New York. Granted as applied for, subject to � the following conditionse 1. Subject to Site Plan approval of the Planning Board# including location of tennis courtsp new access road, adequate parking under present Ordinances and other common facilities. 2. subject to setting; off the residence of the applicant on a 409000 sq* fte plot in such a way that the bulk regulations of the Crdinance will be met. 3. There shall be no enlargement of the outside dimensions of any of the twenty (20) proposed condominium units. 4. Occupancy shall be seasonal, limited to the period from April l to November 1. 5. All of the land area between the buildings shall be common land subject to control and maintenance by a properly constituted Property Owners Association. 6. Access shall be as set forth in the site plan as approved by the Southold Town Planning Board. Vote of the Board: Ayes#- W*ssrss Gillispies Bergen, l:ulses Grigonis. Southold Town Board of Appeals -19- August 90 1973 MR. TERRY: Any variance within 500 feet has to go to the County for review before this Board makes it final. Whether they pass it or deny it, the recommendations go to the County for review. MR. GEORGE AHLERS : I would say that I suggested 170 feet because it made it feasible to build a conventional style home on the lower part. Obviously, you can build a house on stilts which I don't think anyone in that area would like to see. I don't care if the Board wants to make both lots one acre. I am sure I can meet all regulations; 100 feet away from mean high tide with cesspools. My original suggestion of 170 feet would allow me to put a house on the lower lot closer to the higher one. I am looking for two lots; whether they are one acre lots really makes little difference to me. MR. CLEMENS: I don't want you to bunch both houses on that 170 foot lot. THE CHAIRMAN: Does anyone else wish to speak at this time? (There was no response. ) THE CHAIRMAN: Are there any questions? �'• (there was no response. ) On motion by Mr. Gillispie , seconded by Mr. Bergen, it was RESOLVED that the decision of the Board be postponed until the next regular meeting of the Board which shall be held on August 30, 1973 , for the purpose of gathering 'more information on the area involved. No further testimony shall be taken at the time the decision is rendered by the Board of Appeals. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 1819 - 9:00 P.M. (E.S.T. ) , upon application of James P. Kavanagh, Plain Road, East Marion, New York, for a special exception in accordance with the Zoning Ordinance , Article V, Section 500 B-3 and Article XV, Section 1504 la, for permission to convert existing motel, known as Crescent Beach Motel, to permanent condominiums. (, Location of property: south side Main Road, East Marion, bounded north by Main Road; east by Rudkoski_ and Dawn Estates: south by Gardiners Bay; west by Dawn Estates. Fee paid $15.00. Southold Town Board of Appeals -20- August 9t 1973 The Chairman opened the hearing by reading the application -. for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: The application is accompanied by a sketch which indicates that applicant is the owner of a parcel of 5.32 acres on which are situated, in the northeast corner and the southerly area of this 5.32 acre plot, ten (10) buildings, each of which is a duplex, comprising twenty (20) apartment units. THE CHAIRMAN: Is there anyone present who wishes to speak' for this application? RUDOLPH BRUER, ESQ. s I think what we are basically asking for is upzoning. THE CHAIRMAN: This is the first application we have ever had for condominiums, and the word doesn't appear in our Ordinance. MR. BRUERs The area is presently zoned Multiple Residence , M-1. What you have here are buildings that are not, as a practical matter, suited for all year round residence. The purpose of the owner would be to sell the buildings if he could get permission from the respective State authorities. THE CHAIRMANs Our counsel indicated that that might take two to three years. MR. BRUERs Mr. Kavanagh has informed me that he would like to restrict occupancy to four to seven months. THE CHAIRMAN: You are suggesting condominium ownership with restricted seasonal use. MR. BRUERs This is fortified by the fact that the buildings are not suited for all year round use in terms of heat. MR. JAMES KAVANAGHs The buildings have electric heat but it would be very expensive heating them without insulation. I have the intention of selling them to senior citizens. MR. BRUERs The apartments are basically one bedroom, living room, kitchenette , and bathroom. MR. KAVANAGHs The apartments are approximately a 500 sq. ft. .tiarea. C .s' Southold Town Board of Appeals -21- August 9. 1973 THE CHAIRMANa You say that you wish to sell these buildings to senior citizens. MR. KAVANAGHs Fifty years of age or over. THE CHAIRMAN: I don't think we can, under our Town laws, restrict the use. of property as to the age of the individuals. MR. BRUERs It would be in the by-laws. THE CHAIRMAN: You would have Deed restriction as to age, fifty years or over. Do you think you can limit this to four to seven months? MR. KAVANAGHs My intent is to sell to people who probably go to Florida for six or seven months of the year. MR. BRUERs They are designed for seasonal use. He would be limited by the size of the buildings he has. THE CHAIRMAN: We can restrict any enlargement of the outside dimensions. MR. BRUERa I think in terms of size it would not en- ` ' coura.ge. relatives or in-laws to visit as there is only one bedroom and one living room. I think it' s a natural situation where you would not have overcrowding. THE CHAIRMAN: When we were there the other day there were a couple of children on the grounds. MR. KAVANAGHs We have a lot of children there now. It' s an ideal place for them. 1Ve have high-risers in the living room so that four or five people can sleep comfortably there. THE CHAIRMAN: You are going to restrict that?, MR. KAVANAGHs I will sell each one to a couple, on the order of Leisure Village . THE CHAIRMANs I think it would have to be no more than two people in that size apartment. MR. BRUERs I think the application speaks for itself. MR. KAVANAGHa There is one correction; the 5.32 acres doesn't take in that barn. I own one barn and it gives me a half acre additional included with my home. It will be owned in common. They will have a Sun Deck, Shuffle Board Court, and I intend to put in a Tennis Court. I would change the existing roads, I would not go around my house and I would eliminate the road in front of the beach houses. Southold Town Board of Appeals -22- August 9t 1973 THE CHAIRMAN: The land area would be common land subject to control and maintenance of a properly constituted property Association. MR. BRUER: It' s in the statute , it specifies a common area. We would have to provide the State in detail every part that is common to the nth degree; what exactly is common area that they would be responsible for. I believe the rights of an Association are fairly well spelled out. There is a specified procedure to enforce whatever rights they do have under a special section of the law. It' s not a typical Property Association by a group of people getting together. THE CHAIRMANs It becomes a lien by agreement. MR. BRUERs This is something that' s worked out on condominium homes. I have not become an expert in this field. MR. KAVANAGH& I believe on Shinnecock Canal, the Seabreeze Cottages were sold as condominiums. MR. BRUER: If I may further state , it definitely has to go to the State. 0.., THE CHAIRMAN: It has to have site plan approval of the Planning Board. I covered this part with Town counsel. MR. BRUERs It' s already sited. MR. HOWARD TERRY, Building Inspector He may want to show the tennis court , and where the roads are being changed. THE CHAIRMANs You have to have parking, one space per unit. After you have taken the lot out for your house, you will have about 5 acres left. It looked to us as if the maximum density is 99000 sq. ft. per unit. Twenty units will give you something to spare. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? RUTH OLIVERs In upzoning, would this be upzoned from M-l? THE CHAIRMANs There would be no change. Mr. Bruer used. the word "upzoned". What makes you say that this would be upgraded? MR. BRUER: Just a' feeling; going from transient to permanent occupancy on a seasonal basis and without enlarging would seem to be upgrading. C Southold Town Board of Appeals -23- August 9, 1973 MR. KAVANAGH: In a motel you get people who are good, bad and indifferent. This way, it would be a little more selective. THE CHAIRMAN: As I understand it, three or four couples want to come back to your place. MR. KAVANAGH: 'I would buy the other four. THE CHAIRMAN: In other words, the "Property Owners Association would start out with 20 in your hands. MR. KAVANAGH: I would have to have a minimum of 14 in addition to my own before I could go ahead with it.. I would want at least 14. I think you have to have a certain percentage sold before they accept the application. MR. BRUER: With respect to the Planning Board and site plan, would this be done by regular application to the Planning Board? THE CHAIRMAN: This has to be done by special exception. M-1 in the Ordinance requires Site Plan approval by the Planning Board. THE CHAIRMAN: Does anyone else present wish to speak for or against .this application? (There was no response . ) After investigation and inspection the Board finds that applicant requests permission to convert existing motel, known as Crescent Beach Motel, to permanent condominiums, located on the south side of Main Road , East Marion, New York. The findings of the Board are that applicant is the owner of a parcel of land comprising 5.32 acres on which are situated ten (10) buildings, each of which is a duplex, comprising twenty (20) apartment units. The area is zoned Multiple Residence ,, M-1. The units have one bedroom, living room, kitchenette , and bathroom; and the applicant proposes to sell the units to senior citizens on the basis of restricted seasonal use. The land area would be common land subject to control and maintenance of a properly constituted Property Owners Association. The Board- agrees with the reasoning of the applicant.. The Board finds that the public convenience and welfare �� and justice will be served and the legally established or 'I C Southold Town Board of Appeals -24- August 9, 1973 permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie , seconded by Pair. Hulse, it was RESOLVED, James P. Kavanagh, Main Road, East Marion, New York, be GRANTED permission to convert existing motel, known as Crescent Beach Motel, to permanent condominiums. Location of property: south side of Main Road, East Marion, New York, as applied for, subject to the following conditions: 1. Subject to Site Plan approval of the Planning Board, including location of tennis courts, new access road, adequate parking under present Ordinance , and other common facilities. 2. Subject to setting off the residence of the applicant on a 40 ,000 sq. ft. plot in such a way that the bulk regulations of the Ordinance ' will be met. 3. There shall be no enlargement of the outside dimensions of any of the twenty (20) proposed condominium units. 4. Occupancy shall be seasonal, limited to the period from April 1 to November 1. 5. All of- the land area between the buildings shall be common land subject to control and maintenance by a properly constituted Property Owners Association. 6. Access shall be as .set forth in the site plan as approved by the Southold Town Planning Board. Vote of the Boards Ayes:- Messrst Gillispie , Bergen, Hulse, Grigonis. y. L 1 SOUTHOLD TOWN BOARD OF APPEALS -3- June 14 , 1979 pool. . k 1 THE CHAIRMAN: I was just wondering if the Building Inspector consid red the existing fence around the whole yard enough? � MR. he Yes, the fence is legal for the pool,/but it doesn' t mak me happy. THE CHAKN: - I think the application is clear enough. Does anyone have any estions or anything to add? Is there anyone present who wishes to speak against this application? ( ere was no response) . After investigation and inspection the Board finds that the applicant wishes to cons. uct an in ground pgol on his property. The applicant has no legal react and due to theofact that his property abuts Main Road (State Road 21xqeral , Wickham A-Venue and a private right- of-way owned by the DeFriest Home. The entire property is presently fenced, -.but the applic�a t plans to put an additional fence around the pool. The Board agrees wi,�h the reasoning of the applicant. The Board finds that strict' ap lication of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would no'� be shared\by all properties alike in. the immediate vicinity of tlpe property and\in the same use district; and the variance will- not/change the charact\Ma neighborhood and will observe the spiritrof the Ordinance. On motion by �x�. Tuthill, seconded bynis , it was ti uck New York be RESOLVED, ghat Gene Giannone, Main Ro , ,GRANTED permissi.o/n to locate an in ground pofront yard area. Location of pr-perty: Corner of Wickham Avenue and Main Road (S. R. 25) , Mattituck, N York, bounded on the north by DeFriest; �east by McCullough; south by M 'n Road (S. R. 25) ; west by Wickham Avenue, subject to the following condition: (1) Approval of the Suffolk County Planning CommiX Vote of the Board: Ayes: Messrs : Gillispie, 3rithill an Douglass. PUBLIC HEARING: Appeal No. 2552 - Upon application of Crescent. Beach Condominium (Charles Guhl , as agent) , 45 Marine Place, East Marion, New York, for a variance .to the Zoning Ordinance, Article V, Section 100-51 and Bulk Parking Schedule for permission to construct decks or patios with insufficient front and rear yard setbacks. Location of pro- perty: End of Maple Avenue, East Marion, New York, known as Filed Map Condominium No. 62 . The Chairman opened the hearing by reading the application for a ��--variance to the Zoning Ordinance, legal notice of hearing, affidavits SOUTHOLD .TOWN BOARD OF APPEALS -4- June 14 , 1979 attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to: James Kavanagh, Dawn Estate Shopping Center, Rhoda and Zena Kaplan, W. H. Paulisen. Fee paid $15. 00 THE CHAIRMAN: A copy of the minutes of Crescent Beach Condo- minium of April 29, 1979 marked for the attention of the Board of Appeals is in the file. (The Chairman read the portion of the minutes pertaining to the sun decks and concrete patios. ) Is there anyone present who wishes to speak for this application? MR. CHARLES GUHL: I have nothing to add, Mr. Chairman. THE CHAIP24AN: I believe you went over the possible location of each one of these patios or decks with the Building Inspector, correct? MR. GUHL: Yes, I spoke to him. THE CHAIRMAN: So these figures that you have here, for instance no closer than 5 feet to the driveway have been discussed with the Building Inspector? That measurement concerned us. MR. GUHL: Yes. THE CHAIRMAN: No patio or deck will be closer than 4 feet to any adjoining unit. The units are pretty close together. About 10 feet apart? MR. GUHL: I would say more than 10 feet in most instances. There will be more than 4 feet between the wrap around and the next unit. MR. DOUGLASS : How do you intend to get 5 feet on Kempner? MR. KAVANAGH: There will be 6 feet there. If you don 't count his existing porch it is 6 feet to the turn in the road. MR. DOUG-LASS : Are you going to have a wrap around there? MR. KAVANAGH: I 'm not talking about the wrap around. I 'm talking about his porch. The road swings out there. His pier there is 6 feet from the road. MR. DOUGLASS : That was one we measured and got 2-1/2 feet. THE CHAIRMAN: Is this the pier that supports the condominium? MR. KAVANAGH: He put a pier in. He shouldn 't have, but it is 6 feet from the road. He put a big concrete block there. THE CHAIRMAN: When a fire truck comes in there and swings throuc(7� SOUTHOLD TOWN BOARD OF APPEALS -5- June 14 , 1979 he won 't take off the corner of the building will he? MR. KAVANAGH: Well , I had a maid do it one time. One of the chamber maids hit that corner of the building. THE CHAIRMAN: Is there anything else to be added to this application. I think that we suggested that you apply for this in one application so it would cover all of the members. Concerning the patios to the west, I believe that the Building Department feels that anything that is flush to the ground does not require a building permit, but if any of your members wished to raise their concrete patios they would require a building permit. The only other question in my mind is the site plan approval . We were never able to establish that the site plan to the original condominium was approved by the Southold Town Planning Board, and I think the point was made that if it was never approved there is no way to change the site not that it exists. Is that correct? MR. KAVANAGH: Yes, that is correct. I thought all that stuff was straightened out. I had Bruer and Edson. They were supposed to be representing me, I paid them enough. I thought everything was all straightened out. They told me it was. THE CHAIRMAN: I think it has been suggested that you get site Plan approval for this application from the Planning Board. Who suggested this anyway? THE SECRETARY: Mr. Fisher. THE CHAIRMAN: That would automatically clear up all the site plan problems that exist now. MR. KAVANAGH: Well, what do I have to do now? THE CHAIRMAN: Is there anyone present who wishes to object to this application? (there was no response) . Okay, we will approve it now. Okay, the only stipulation we would put on this is that the patios or decks cannot be enclosed and used for living quarters. MR. KAVANAGH: That ' s fine. We don 't want that to happen either. You are talking-about-having it enclosed with jalous-.es and all. THE CHAIRMAN: The decks or patios may not be enclosed other than with screening materials . MR. GUHL: Will we be able to get one building permit to cover all that we wish to do? THE CHAIRMAN: I don' t know how Mr . Fisher wants to handle that. We just agreed to handle the 21 structures under one permit to save this Board paper work. I think this site plan approval will solve many of your problems. You have good roads and fire plugs . r. SOUTHOLD TOWN BOARD OF APPEALS -6- June 14 , 1979 After investigation and inspection the Board finds that the applicant is representing the 21 members of the condominium in this application for decks and patios. The decks and patios will be no larger than 14 ' 3" by 16113" . Neither the decks or patios will be closer than 5 feet to the road or closer than 4 feet to any adjoining unit. The Board finds that strict application of the Ordinance would produce practical -difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the .spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that Crescent Beach Condominiums, 45 Marine Place, East Marion, New York, be GRANTED permission to construct decks or patios with insufficient front and rear yard setbacks: Location of property: End of Maple Avenue, East Marion, New York, known as Filed Map Condominium No. 62, upon the following conditions : (1) None of the decks or patios will be enclosed and used as living quarters . (2) Site Plan Approval by the Southold Town Planning Board. (3) Suffolk County Planning Commission Approval. C . Vote of the Board: Ayes : Messrs : Gillispie, Grigonis, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2556 - Upon appl ' tion of Theodore Rohloff , 2870 Orchard Street, Orient, New York, f a variance to the Zoni'hq Ordinance, Article III , Section 100-31 d Bulk Parking - Schedule for pe ission to divide property with ins ficient area and width. Location f property: Orchard Street, lent, New York, bounded on the north by 0 and Street; east by Roh f; south by Mayer; west. by Blank. The Chairman ened they aring by reading the application for a variance to the Zoning in- ce,. legal notice of hearing, affidavits attesting to its publicat • n n the official newspapers, and disapproval from the Building Insp or. Chairman. also read a letter from the Town Clerk that not' cation by ce ified mail had been made to: Jean Rohloff , Mr. and s. Peter Blank, Jr. Shirley Mayer. Fee paid $15. 00 . THE CH RMAN: The applicant has inc ed a sketch of his property which indic es that the total area is about 5 1-0,"'00 square feet. There are two e isting dwellings on the property; one of-,which is an existing old resfidence that is being used as a storage buildfng and a new resider - " built by Mr. Rohloff. The proposal is to create two lots from the propE(7, l TEL. 765-1802 �FO�Cp TOWN OF SOUTHOLD ;q OFFICE OF BUILDING INSPECTOR. P.O. BOX 728 Ln TOWN HALL O ® SOUTHOLD,N.Y. 11971 - March 26,. 1986 Mr. Martin Lieberman Crescent-,:Beach Condo.- Assoc. f P.O.` Box 542 - Greenport, . N.Y. 11944 Dear Mr. .Lieberman: The conversation I had with Tom Kraus which you referred to in your letter of February 21 , 1986 dealt with the interpretation of the driveway within this. development being considered as a street as defined in our zoning law. . i It is my opinion that- the driveway does not meet ! the d,3finition of a s.tre�,t and therefore does not es- tablish the front and. rear yard of the building with- in this development and that the set back. variance under this appeal was not necessary. The only. road that would establish the ront and. rear yard would be Maple Lane where it meets the boundry line on norther- ly side of : this development. In order to have the restrictions, as s&tforth in Appeal #2552 dated June 14, 1979, removed, you would have to go back to the ;Zoning Board of .Appeals for their. review of. this matter. . Crescent Beach Condominiums is not a subdivision but it is a development"of- multiple dwellings and. the driveway "within this development- is not subject -to highway regulations. It is part* of the common elements within your development. In view of this I can not see where the driveway qualifies for a street used by the public. . If you have' any questions call me at this tele- phone number. I have tried to reach you several. times at the number you gave me. Yo s 1 Edwar Hindermann EH:hdv Building Inspector �i • t n n 41 I e .�• EDBY KAD 77 � � J•I J 9 7j f v \ t,• zo• . - .• 1. _ _ - R / Q • / 'ram � .. �� v , � ' . - / --tic J M. t d • \P i S7! q Southold Town Board of Appeals -23- August 9, 1973 MR. KAVANAGH: In a motel you get people who are good, bad and indifferent. This way, it would be a little more selective. THE CHAIRMAN: As I understand it, three or four couples want to come back to your place. MR. KAVANAGH: I would buy the other four. THE CHAIRMAN: In other words, the Property Owners Association would start out with 20 in your hands. MR. KAVANAGHs I would have to have a minimum of 14 in addition to my own before I could go ahead with it.. I would want at least 14. I think you have to have a certain percentage sold before they accept the application. MR.' BRUER: With respect to the Planning Board and site plan, would this be done by regular application to .the Planning Board? -AF THE CHAIRMAN: . This has to be done by special exception. M-1 in the Ordinance requires Site Plan approval by the Planning Board. THE CHAIRMAN: Does anyone else present wish to speak for or against -this application? (There was no response . ) After investigation and inspection the Board finds that applicant requests permission to convert existing motel, known as Crescent Beach Motel, to permanent condominiums, located on the south side of Main Road, East Marion, New York. The findings of the Board are that applicant is the owner of a parcel of land comprising 5.32 acres on which are situated ten (10) buildings, each of which is a duplex, comprising twenty (20) apartment units. The area is zoned Multiple Residence , M-1. The units have one bedroom, living room, kitchenette , and bathroom; and the applicant proposes to sell the units to senior citizens on the basis of restricted seasonal use. The land area would be common land subject . to control and maintenance of a properly constituted Property Owners Association. The Board agrees with the reasoning of the applicant. The Board finds that the public convenience and welfare �_ and justice will be served and the legally established or Southold Town Board of Appeals -24- August 9, 1973 permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On motion by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, James P. Kavanagh, Main Road, East Marion, New York, be GRANTED permission to convert existing motel, known as Crescent Beach Motel, to permanent condominiums. Location of property: south side of Main Road, East Marion, New York, as applied for, subject to the following conditionss 1. Subject to Site Plan approval of the Planning Board, including location of' tennis courts, new access road, adequate parking under present Ordinance, and other common facilities. 2. Subject to setting off the residence of the applicant on a 40 ,000 sq. ft. plot in such a way that the bulk regulations of the Ordinance _ will be met. 3. There shall be no enlargement of the outside dimensions of any of' the twenty (20) proposed condominium units. 4. Occupancy shall be seasonal, limited to the period from April 1 to November 1. 5. All of the land area between .the buildings shall be common land subject to control and maintenance by a properly constituted Property Owners Association. 6. Access shall be asset forth in the site plan as approved by the Southold Town Planning Board. Vote of the Boards Ayes:- Messrs Gillispie , Bergen, Hulse, Grigonis. i Z COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING 360-5206 December 6, 1989 Town of Southold Zoning Board of Appeals Pursuant. to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Crescent Beach Condominiums 3842 Very truly yours, Arthur ,H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE,L.I..NEW YORK 1 1786 (516)360-5192 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 CHARL'ES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. Pursuant to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the _ Suffolk County Planning Commission : XX Variance from the Zoning Code , Article XXVIJ Section100-271 (D) Variance from Determination of Southdld Town ' Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3842 - Applicant: Crescent Beach Condominiums . Location of Affected Land : End of Maple Lane , East Marion , NY County Tax Map Item No . : 1000- -38.0.1 -7-21 _ Within 500 feet of: Town or Village Boundary -Line X (X Body of Water (Bay , Sound *or Estuary ) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed. County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area . Existing or Proposed Right-of .Way of Any Stream or Drainage .Channel Ovined by the County or for Which The County Has Established Channel Lines , or Within One Mile of al Nuclear Power Plant Within One Mile"of An Airport . COMMENTS: Applicant .is requesting permission to enclose decks or patios of units with glass wi-ndows with insufficient setback . Copies of Town file and related documents .ericlose.d for yp ur„ rev iew., Dated : December 5 , 1989 Southold Town Board of Appeals '�,�O! �.a�� MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. November 27, 1989 Moore and Moore Attorney at Law Suite 3 Clause Commons __Main Road P.O. Box 23 Mattituck, NY 11952 Re: Appl. No. 3842 - Crescent Beach Condos (Variance) bear Mr. Moore: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies -for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER - CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' Office County Planning J 5�FF01,o� Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.,`N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 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 r Appeal No. 3842: Application of CRESCENT BEACH CONDOMINIUMS. Variance to the Zoning Ordinance, Article XXVIII, Section 100-271 (D) , for permission to enclose decks or patios of units with 'glass windows with insufficient setback. Property Location: End of Maple Lane, East Marion in this Resort/Residential (RR) Zone District, County Map No. 1000, Section 38.01, Block 7 , Lot 21 units. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of CRESCENT BEACH CONDOS. " Under Appeal No. 3842; and WHEREAS, at said hearing all those who desired to be heard. : " were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of• fact: 1. The premises in question is located along the south of Route 25, Town of East Marion and is identified on the Suffolk county Tax Maps as District 1000, Section 38. 01, Block 7, Lot 21 units. 2. This is an application for Variances from the Zoning code- Article XXVIII, Section 100-271 (D) , for permission to enclose decks or patios with glass windows with insufficient setbacks. Page 2 - Appl. No. 3842 Matter of CRESCENT BEACH CONDOS. Decision rendered October 12, 1989 3 . Article XXVIII, Section 100-271 (D) , in addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: D. Interpretations: on appeal from order, decision or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made finder the provisions of this chapter. ( 2) Determine the exact location of any district boundary shown on the Zoning Map. 4. In considering -this application,' the Board finds and determines; (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the matter of the application of CRESCENT BEACH CONDOS as applied under Appeal No. 3842 for the enclosure of existing decks. or patios with glass windows. Vote of the board: Ayes: Messrs. Goehringer, Grigonis, Dinizio. (Absent Serge Doyen, Fishers Island and Joseph Sawicki) . This resolution was duly adopted. dff ___4 ,, � s GEREARD P. GOEHRINGER, CHAIRMAN RECEI D AND FILED BY THE SOUTHOLD TOWN C ; TT Page 2 - App1. -No. 3842 DATE ��40/0 HOUR q : 3� Matter of CRESCENT BEACH CONDOS. p n'1 Decision rendered October 12, 1989 a.A• i4 Town Clerk, Town of Sou off ld 3 . Article XXVIII, Section 100-271 (D) , in addition to'- such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: D. Interpretations: on appeal from order, decision or determination of an administrative officer or on request of any town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified. or made under the provisions of this chapter. ( 2) Determine the exact location of any district boundary shown on the Zoning Map. 4 . In considering this application, the Board finds and determines; (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the matter of the application of CRESCENT BEACH CONDOS as applied under Appeal No. 3842 for the enclosure of existing decks or patios with glass windows. Vote of the board: Ayes: Messrs. Goehringer, Grigonis, Dinizio. (Absent Serge Doyen, Fishers Island and Joseph Sawicki) . This resolution was duly adopted. dff �'b J .�O •�Y GEREARD P. GOEHRINGER, CHAIRMAN .- 1 112 2 MR. FLYNN: Thank you. 3 MR. GOEHRINGER: Getting back to the 4 motion. I 'm offering a motion to recess this 5 particular hearing without a date and specific 6 reason for it is to reduce the testimony that 7 was put -before us tonight to writing so that we 8 may study it. In the interim so will the 9 applicant. 10 We will then get back to the applicant as 11 he will get back to us and we will readvertise 12 this for the new date when everybody has r 13 digested this information. 14 MR. SAWICKI : Second. 15 MR. GOEHRINGER: All in favor? 16 (Ayes) . 17 MR. GOEHRINGER: Thank you very much 18 everybody for coming in. 19 The second to last hearing is appeal 20 number 3842 .(fk�Sez_ 21 (Reading) . 22 MR. GOEHRINGER: I have a copy of the 23 buyer plan. We are talking about building r 24 number 16 , here. The construction on that I 25 particular parcel , that particular site. I have RAM COURT REPORTING SERVICE (516) 727-3168 1 113 2 a copy of the Suffolk County tax map and 3 surrounding properties. Referring to the site, 4 referring to tax map -- not the tax map but the 5 overall site of 4 . 8 acres of Crescent Beach 6 Condo. 7 - 1 believe , Pat, you would -like to speak. 8 MS. MOORE : Yes, thank you. Patricia 9 Moore , law offices of Moore &' Moore in 10 Mattituck . 7 11 I have packaged together everything so you 12 don ' t have to search through the file. 13 We represent the Crescent Beach 14 Condominium Association. As you can see from 15 the audience, the majority of the people here, a 16 little over dozen people, are members of the 17 condominium association, they ' re owners . 18 This property is located in East Marion 19 off of Maple Lane. The reason we are before you 20 tonight is that in 1979 a condition was imposed, 21 a variance for setbacks . The condition was that 22 a certain patio, which was a substantial patio 23 built out of wood, be restricted to screening 24 material so a deck could be improved with f 25 screening. RAM COURT REPORTING SERVICE (516) 727-3168 1 114 2 The decks were approved and there was 3 various communications back and forth. In 1986 4 the Association stated that they would like to 5 replace the screening with glass. At that time , 6 there was some communication between Mr . 7 Hinderman, who was the building inspector at. the 8 time and back and forth between the Asociation 9 and Mr . Hinderman. 10 Mr . Hinderman ' s recommendation or opinion 11 was that the original variance was unnecessary 12 and that the reason for that was that the r 13 internal roadway system was not a street within 14 the definition of street in the code and 15 therefore a setback was not required. That 16 along with an application by one of the owners , 17 I believe unit number 21 , which obtained the 18 building permit and the. C. 0. for their 19 renovation. 20 The occurrencs of 1986 resulted in some 21 confusion by the property owners. After that 22 time, they began to replace the screening with 23 windows. , At this time, when they went in for r 24 future refinancing or whatever the purposes were I � 25 to obtain C. O. ' s or updated C. O. ' s for the RAM COURT REPORTING SERVICE (516) 727-3168 1 115 2 units, they were advised that the glass was not 3 a permitted material and that we should appear 4 before the zoning board and possibly add the 5 condition that was -- prior condition imposed. 6 At this time, the 20 of the 21 -- 19 of 7 the 21 units 'have the glassed-in porches. This 8 would result in a great hardship to replace and 9 restore the units to their original screening 10 material . The windows themselves do' not change 11 the character of the community. The structure, 12 and I refer you to the diagram which was 13 included as part of the application in' 79 , shows 1 14 a wood frame structure with openings that show 15 screening as the material used. This has not 16 changed the outside dimensions of the structure 17 remain the same. The difference being that the 18 screen was replaced with windows , in fact 19 improving aesthetically and structurally the 20 integrity of the building. 21 With that in mind we would request that 22 this Board rescind or amend the conditions 23 imposed - in 1979 in appeal number 2552 and allow r--1 24 the porches to be screened with glass screening 25 that is currently there. RAM COURT REPORTING SERVICE (516) 727-3168 1 116 rl 2 In addition, we noticed in the file 3 number -- we reviewed the file for any 4 correspondence, the Board may have questions 5 about parking or barriers . We saw two notes and 6 were trying to decipher what that meant. If you 7 would like to discuss it with the owners here. 8 MR. GOEHRINGER: Being honest with you, 9 every. time I had gone down there, there was a 10 chain across the road. It was a cold day. I 11 didn' t know if anybody was going to take a gun 12 out and go after me , kiddingly. I didn' t r 13 transverse the chain. However, I did go down, I 14 guess, sometime in July. I was curious to see 15 that that road does exist. It goes around and 16 wraps around the rear of the major group of the 17 buildings . 18 My concern was how much of that area is 19 used for parking and how well used is that road. 20 MS. MOORE: Well, just to start with some 21 points. The road itself is in very good 22 condition if you noticed . It is in fact going 23 to be upgraded again. It is going to be 24 resurfaced, engineers have worked on some ' LC 25 drainage so the integrity of the road continues RAM COURT REPORTING SERVICE (516) 727-3168 1 117 2 in the condition it his now. 3 The parking , each of the units has a very ' 4 restricted parking that is self imposed by the 5 Association. Some of the units park behind in 6 the circle. The ones that are facing the water 7 park behind ` -- the -ones facing the water, park 8 seaward of the driveway -- parallel parking. 9 And the ones in the back park behind their 10 building. So it is strictly enforced. There is 11 adequate parking. It has not changed, parking 8 12 needs have not changed really since the 179 r 13 appeal , which at that time the site plan was 14 referred to the building inspector . ector . 15 There was a letter in the file, I can get 16 one for you if you' d like , that talked about the 17 adequacy of the - parking and that it was 18 sufficient. That is still the case today. If 19 you ' d like to ask any one of the property owners 20 if there is any problem with parking , I ' m sure 21 they would enlighten you . 22 MR. GOEHRINGER: Let me understand this 23 again. 'Buildings D through J are the ones that r-� 24 primarily wrap around the circle and are on the ' 25 east side. RAM COURT REPORTING SERVICE (516) 727-3168 1. 118 2 MS. MOORE : Those were the ones that face 3 the water._ 4 MR. GOEHRINGER: They park in front of the 5 buildings primarily. 6 MS. MOORE: Well, not all along the front 7 of the building. There is a designated area for 8 parking. They park parallel to the road . 9 MS. MOORE : No, perpendicular to the road. 10 In front of the buildings . 11 MR. GOEHRINGER: What is the purpose of 12 the road? r 13 MS . MOORE : Purely for access to the 14 individual units and to the beach. Internal 15 access system. 16 MR. GOEHRINGER: Let' s assume on the 17 weekend we have several people staying with us 18 as guests in one particular unit. 19 MS. MOORE: As guests . 20 MR. GOEHRINGER: Would guests use that 21 road to park next to or near those units? 22 The reason I ask that question, when I 23 viewed the grass in the rear of this unit, the 77 24 grass looked like it was in very good condition. f 25 It didn ' t look like it was parked on. Now, that RAM COURT REPORTING SERVICE (516) 727-31.68 1 119 2 doesn ' t necessarily mean that whoever parked 3 there was probably a transient person and didn' t 4 leave their car there for a long period of time . 5 Is that the case? Could you have parking there? 6� A PERSON: In other words, when you come -7 : off the driveway, you just park -in 8 perpendicularly into the building. If you have 9 a guest, he just park alongside of you. On that 10 circle, nobody parks in back of the building one 11 to six , or 21 , which is the little independent 12 building. They just pull in front of the 13 building . Nobody parks behind the building , 14 that ' s all lawn in there. One to six would be 15 where they put the extensions on, that that' s 16 all on the lawns facing west . 17 MR. GOEHRINGER: What about the buildings 18 across? 19 A PERSON: The buildings along the water, 20 they come down to the road and park 21 perependicular to the water. 22 MS. MOORE : There ' s enough room there for 23 guests. • r7 24 A PERSON: Always on the east side of the LC 25 road . RAM COURT REPORTING SERVICE (516) 727-3168 1 120 2 The other thing I wanted to comment is 3 that one of the reasons you found the grass in 4 good condition is at that in most cases, the 5 primary use of the place is on the weekends 6 during the summer months. It' s not as if it ' s 7 heavily used all week all the time. 8 MR. GOEHRINGER: When would somebody park 9 in the area closest to the porches? 10 A PERSON: Nobody, never. 11 MR. GOEHRINGER: Nobody would ever park 12 there. r 13 A PERSON: No, never. 14 MR. GOEHRINGER: Why is that area not 15 chained off, then, so that there is really 16 ingress or egress through there? 17 Why is it not chained up? 18 MS. MOORE : It ' s self regulateing. Each 19 of the owners regulates their own. 20 MR. GOEHRINGER: What I was concerned with 21 when I saw the project , I ' ll be honest with you , 22 there was a significant amount of parking down 23 in that- area. Not in any way degrading your r 24 structures in any way, manner or form, I was I 25 concerned with vehicular traffic down there and RAM COURT REPORTING SERVICE (516) 727-3168 1 121 2 proximity to those buildings from the reverse 3 side. That was the purpose of the question and 4 the purpose of the area in question concerning 5 the barrier. 6 To screen the building not in a practical 7 sense' from the roadway if it was an active 8 roadway and it was used by all the residents for 9 overflow or for very simply your own particular 10 use. So we ' ve taken care of that particular 11 problem. We thank you for that. 12 MR. GOEHRINGER: The only other question 13 is, how have you -- how has this particular 14 enclosure enhanced your unit? You know , I mean, 15 pragmaticly I know how it ' s enhanced it. Tell 16 me particularly. 17 A PERSON: Well , it-- primarily and 18 practically in inclement weather, it keeps the 19 furniture, and so on, from getting ruined, 20 allows us more time to spend in that area. 21 MR. GOEHRINGER: These structures are only 22 used during what particular periods of time? 23 A 'PERSON: Summer months from April until r-� 24 October. 25 MR. GOEHRINGER: Good , then the water is RAM COURT REPORTING SERVICE (516) 727-3168 1 122 1 T 2 shut off . There is really no way to get to it 3 unless you have a key to the chain. How are ' 4 they heated, in any way? 5 A PERSON: The units have radiant electric 6 heat. They have always had that. 7 MR. GOEHRINGER: You could come out in the 8 winter if the heat was on but not use the 9 plumbing? 10 A PERSON: That is correct. 11 MR. GOEHRINGER: That ' s not a violation of 12 any ordinance? r 1 13 A PERSON: A little inconvenient to travel 14 a hundred miles and not have use of the 15 facilities. 16 MR. GOEHRINGER: Is this the first time in 17 the existence that I have been on the Zoning 18 Board that we have had a joint meeting where 19 everybody has spoken. 20 MS . MOORE: For the record, I believe one 21 of the conditions imposed in the original 22 application was that restriction on the use, 23 months, ' the April through the October . 24 MR. GOEHRINGER: I don' t have any further 25 questions. I ' ll see if anybody else has any RAM COURT REPORTING SERVICE (516) 727-3168 1 123 2 concerning this . 3 (None) . 4 MR. GOEHRINGER: We ' ll discuss it. We do 5 still have two members on there that were there 6 in 1979 . 7 MS. MOORE : I was noticing Mr. Grigonis 8 and Doyen were still on the board. 9 MR. GOEHRINGER: How old is this 10 condominium project? 11 A PERSON: I have been there since 165 . 12 We finally got it approved in 167 . 13 MR. GOEHRINGER: Thank you very much for 14 coming in. This is a unique hearing. 15 Hearing no further questions, I ' ll make a 16 motion for the close the hearing. Make a 17 decision later. 18 MR. SAWICKI : Second. 19 MR. GOEHRINGER: All in favor? 20 (Ayes) . 21 MR. GOEHRINGER: The last hearing in the 22 agenda, is Dr . Paul Mitchell. We apologize for 23 putting you on as the last hearing, Doctor . And 24 you, Mr. Garrett and Mrs. Mitchell , is that who 25 that is? RAM COURT REPORTING SERVICE (516) 727-3.168 f1 ft yl8�D�2„±X s" Ln Southold Town Board of Appeals .......... MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516)765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. August 23 , 1989 JOSEPH H. SAWICKI JAMES DINIZIO, JR. Mr. William D. Moore, Esq. Moore and Moore Main Road P.O. Box 23 Mattituck, NY 11952 Re: Appl. No. 3842 - Crescent Beach Condo Association (Variance) Dear Mr. Moore: This letter will acknowledge receipt of your application for a variance and confirm that the Board Members are individually conducting field inspections and reviews as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about September 21, 1989, at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time)in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN df f WILLIAM D. MOORE KAREN SZCZOTKA, SECRETARY PATRICIA C. MOORE MOORE & MOORE ATTORNEYS AT LAW SUITE 3 CLAUSE COMMONS MAIN ROAD P.O. Box 23 MATTITUCK, NEW YORK 1 1952 (516)298-5674 FACSIMILE(516)298-5664 June 1, 1989 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Attention: Linda Kowalski Re: Application of Crescent Beach Condo Association Dear Linda: Enclosed please find copy of the survey done by R. VanTuyl last amended October 25, 1973 on which I have indicated the unit numbers of the respective condominium units and have indicated which of the units have been improved with the porches previously approved by the Zoning Board, the appeal number 2552. / The survey scale is one-inch equals one-hundred feet which \ makes it impossible to clearly draw in the porches. Plans used by unit owners for the screen porches were submitted previously. On a separate sheet which is attached to the survey are the set-backs of the units from the driveway. Set-backs have not been provided for units 1, 2, 3 , 4, 5, or 6 because the porch areas were installed to the rear of these units away from the driveway. I trust that with this information we will be able to schedule a hearing with the board. If you have any questions, please do not hesitate to contact me. Very truly yours, William D. Moore WDM\kts cc: Crescent Beach Condominium Association 7.:40p.m. Appl. No: 3798- :,r;lion 4007119.2.•(Article L Section ELIZABETH McCANCE.Variance y 97-12C.4s disal :d)for permis•.', I COUNTY OF SUFFO to the Zoning Ordinance,Article I, „ sion to constn leck addition r= Section 106-20(Article III Section ;::within 75 feet of water or wetlands. : of Mattituck, In 100-31 as Disapproved) for., `;Zoning District R-40. Property',; Patricia Hearie�� approval of insufficient area in this. '-Location: 2535 Cedar Lane,East,; being duly sworn,says that he/she is Principal pending division of land of proper' . Marion;County Tax Map No. 1000, ' said County, 9 y ty, (R-80 Zone District.)Property Section 037,Block 04,Lot 10. Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, Fishers Island;Mansion County House xDMap ivIICHAEL TOFFALIS v riance to published at Mattituck, in the Town of Southold,County of District 1000,Section 06,Block 05, the Zoning Ordinance, Article Suffolk and State of New York,and that the Notice of which Lot-3-�J. XXIV,Section 100-244.As disap- Ubllahed in 7:45 pm.Appl.No.3863-NI- ipooved,for permission to construct the annexed is a printed copy,has been regularly p CHOLAS TSIRKAS. Variance to a deck addition,insufficient rear said Newspaper once each week for 1 weeks the Zoning Ordinance, Article yard setback for nonconforming lot 14th day of XXIV,Section 100-244,-as disap- in a R-40 Zone District. Property successively, commencing on the proved,for permission to construct ?!_:: :Location: 50 Captain Kidd Drive, •• a one family dwelling with an insuf- .: "''Mattituck, County Tax Map No. Se nt emb ficient 40'frontyard setback in this _ `' 1000,•-Section 106,Block 03,Lot R40 Zone District.Property Loca= . :.': 028. tion 2700 Sound Avenue,Green-.!•'._. .'8i35 p.m. AppL No. 3858 - port,County Tax Map District 1000, ::: .:BERNARD COSIMANO.Variance Section 033,Block 01,Lot 11'. " to the Zoning Ordinance,Article. 7:50 p.m. Appl. No. 3827- - XXIII,Section 100-239d,B. (Arti- Prineip Clerk EDWIN KINSCHERF.Variance to-. cle XXIV, Section,100-244, as the Zoning Ordinance, Article I,', disapproved)for permission to con- Section 106-20,(Article III,Section. struct a deck addition within 75 feet 100-31, as disapproved), for of bulkhead.Construction has insuf- approval of insufficient areas in this ficient total side yard setbacks in pending subdivision (R-40 Zone this R-40 Zone.District. Property ; Sworn to before'Ine this District.)Property Location: 350 ':'...`.Location: -Watersedge Way, �/l� � Wood Lane, Greenport, S n ectio -.: ` <.'Southold, County Tax Map No. day of 1 -T- 043,Block 04,Lot 29-30-3S.' 1000,Section 88,Block 5,Lot 63. " NOTICE OF HEARINGS. -7:55 p.m. Appl.No. 3864 f�''_' : 8:40 p.m. Appl. No. 3542- NO IS'HEREBY GIVEN, 1. LEOPOLD STERN.Variance to the (TID E DE MARK).Vari- ursuant to Section 267 of the Town. / ir1ARY K.DEGNot - Zoning Ordinance,Article XXIII; " ance to'the Zoning Ordinance,Arti- Law and the Code of the Town of J ,�ioTplf PI IBLIC,S oe a 9860ork Section 100-239d, B. (Article:-;<.:+; `cle V Section 100-SOB Special /f Suffnik County XXIV Section 100-244,as disap- Exception, Article XIII,as disap- Southold,the following h arings KCS February^ 9 P P ( P Term Exp proved),for pemtission to construct proved)for permission to construct will be held try.the SOU' HOLD a one family dwelling with an insuf- 76 Motel Units in this Resort/Resi- ,c; : 'TOWN BOARD.'OF APP LS at a <; ficient rearyard setback,approxi- ' dential(RR)Zone District.Property,,`;? Regular Meeting,`at th outhold mately 75 feet from the bulkhead in a'`:Location:.61475 County 48,Green -Town Hall;Main Road,Southold, .this R-40 Zone District. Property : ::;!"port;County Tax Map No. 1000, ':` '.,,.,,NY 11971,:'on:THURSDAY.' Location:1390 Bayview Drive,East Section 045,Block 01,Lot 01 SEPTEMBER 21 1989 at the fol Marion,County Tax Map District &5 p.m. Appl. No. 3770 lowing times: PORT OF EGYPT.Variance to the ` '7:30 p.m. Appl. No. 3861 = 100: Section 37,Block 5,Lot 22. . ... • ,SOUTHOLD,FREE.LIBRARY: 8:00 p.m. Appl. No. 3865=-' ;Zoning Ordinance;Article XIL Sec variance to the Zoning Ordinance, CHARLFS AND CAROL BURST. r lion 100-121C--122,(Section 100-''' Article IX,Section 100-102,as Dis- Variance to the Zoning Ordinance, e':-239D,as disapproved)for permis- Article III A.Section 100-30 A.3,as lion to construct Boat Storage approved, (nonconforming Bulk disapproved,for permission to con Building%with in setbacks area and parking requirements of the struct addition with insufficient side ;::.„•; :and excessive lot coverage in this • Hamlet Business district)Proposed and rearyard setbacks in this R-40 Marine.II(M-In Zoning District. . construction will have insuropernt Zone District. Property Location:.-;=;_wProperty Location: Main Road; total side yard setbacks. Property" 705 Windy Point Road,County Tax :_?<":.;,,.Southold. County Tax Map No.-,' Location: 53705: Main.:Road; Map-District 1000, Section 87, w.1000,Section 056,Block 04,06, Southold; County Tax Map No Block 4,Lot 6 - _-____ :'Lot 10.1;1 1000,Section 61,Block 1,Lot 14 8:05 p.m. Appl.No. 3866- :50 p.m. Appl. No. 3842 7:35 p.m. Appl. No. 3859 HENRY ARBEENY.Variance to the CRESCENT BEACH CONDO EMANUEL PIPERAKIS .AND . Zoning Ordinance,.Article VIII; 'Variance.to the Zoning Ordinance, DIIvII rR10S AGRIROPOULOUS, Section 100-82,as disapproved,for .'.Article XXVIL,Section 100-271,as " Variance to the Zoning Ordinance; " approval of insufficient area in this - disapproved,for permission to en- Article XXIII, Section 100-239d .pending subdivision, (Light Busi- close decks or patios of units to be. (A)_(1),as disapproved,for permis ness Zoning District(LB),Property enclosed with glass windows with sion to construct an inground pool Location:Route 48,Kenny's Road, _ ;. insufficient setbacks. Property with deck and fence, within 100 Southold,County Tax Map District- ,: Location:End of Maple Lane,East feet from Sound in this R-40 Zone 1000.Section 059,Block 07,Lot 31. :.'Marion,in this Resort/Residential District. Property Location:3410 8:10 p.m. Appl. No. 3849-° r;:(RR)Zone District,County Map North Sea Drive, Orient; County CIPTTELLI BROS.REALTY.Vari- ' No. 1000,Section 38,Block 7,Lot Tax Map No. 1000, Section 15, ante to the ZoningOrdinance,Artr 21 units. Block 1,Lot 3 q�....` l cle XXIII,Section 100 239d,A(1) p.m.Appl.No.3860-DR as disapproved,for permission.to ;a.,PAULIVIITCHELL Variance to the'' construct a one family dwelling_ Zoning Ordinance,Article III A,. with a insufficient setback and with- `.Section 100-30A-3,as disapproved,'. in 100 feet from Long Island Sound for approval to construct a single in this R-40 Zone District.Location . family dwelling with insufficient of Property:90 Petty's Drive,Ori- front yard setback in this R-40 Zone ent, County Tax Map No. 1000, District. Property Location 1015 Section 14,Block 2,Lot 24. Munn Lane, Orient,County Tax 8:15 p.m. Appl. No. 3852- Map District 1000,Section 017, i :R RICHARD DiBLASI. Variance to Block 02,Lot 08. the Zoning Ordinance,Article III; The Board of Appeals will at said Section 100-30A3,as disapproved, ;time and place hear any and all per- for permission to construct open . sons or representatives desiring to deck in front yard,nonconforming :' 'be heard in each of the above mat- with bulk area and parking regula- ters.Written comments may also be . tions in this R-40 Zone District. submitted prior to the conclusion of Property Location:360 Bayview the subject hearing. Each hearing Drive, East Marion, County Tax your presentation will be available,.' Map No. 1000,Section 037,Block :: if needed. For more information,•. 04,Lot 0l.--- please call 765-1809. . 8:20 p.m.Appl.No.3852-'EL=.zmi' 'DatedSeptember 1,1989. LIOT•PASKOFF. Variance to the :' BY ORDER OF THE SOUTHOLD _ Zoning Ordinance, Article III A; };., ; TOWN BOARD OF APPEALS. - Section 100-30A.3,(Article XXIII, i„ `GERARD P.GOEHRINGER Section 100-231 (A), as disap- CHAIRMAN- proved)for permission to construct'. By Doreen Ferwerda an attached deck with insufficient 11130-M14 - side yard and accessory fence(trel= lis)in front yard at the height of -� more than required 4 feet.Lot area is nonconforming in this R-40 Zone District. Property Location 205 North Sea Drive, Southold,NY, County Tax Map No.1000,Section 54,Block 4,Lot 4. 8:25 p.m. Appl. No. 3854 NANCY STEIN. Variance to the ' Zoning Ordinance,Article III, CC TY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that t she is the — Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for . . . . . . . . . . . . . . . . . . . . . . / . . . weeks successively, commencing on the . . . . . . . day o . . . . . . . . .•, 19 . q, Sworn to before me this . . . . fl . . . . . . . . . . , day of 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . :. .q Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk County Commission Expires 9-/31/9, I 7:50 p.m. Appl. No. 3827- 8:20 EDWIN KIN: ?RF. Vazi- p.m. Appl. No. 3852-. 8;45 p.m. Appl. No. 3770-. ' ance to the Zo Ordinance,. ELLIOT PASKOFF.Varian PORT OF EGYPT.Variance to Article I,Section 106- di(Arti- the Zoning Ordinance, Ai the Zoning Ordinance,Article Article III,Section 10006-as disap- III A, Section 100-30A.3,00-231-(Ar- XII,Section 100-12106122,(Sec- cleNOTICE OF HEARINGS proved), for a s d XXIII,Section 1permissio, tion 100-239D, as disapproved).' ' p ) approval of insuf- ''` �disapproved),for permission for rmission'to construct Boat °NOTICE _ IS HEREBY ficient areas in this pending sub- division (R-40 Zone District.) to construct an attached deck ,."Storage Building with insuffi- GIVEN,.pursuant to Sectiong 267 of the Town Law and the: - .. Property Location: 350 Wood. with insufficient side yard and, :.':dent setbacks and excessive lot' Code of the Town of Southold, Lane, Greenport, .Section 04 d accessory fence(trellis)in front coverage in this Marine II (M- P yard at the height of more than II .ZoningDistrict. Property the.following hearings will be Block,04, Lot 29-30-35: )= held,.-by the SOUTHOLD 7:55 p.m. Appl. No. 3864- required 4 feet.Lot area is non- ":1'Location: Main.._'.; Road, conforming in this R-40 Zone ' Southold Count Tax a No:' TOWN BOARD OF APPEALS LAEPOLD STERN. Variance Y P. ra at.a Regular Meeting, at the ,..to the Zoning Ordinance,Arti-. District..Property Location:205., 1000,Section 056,Block 04,06L Southold ..Town Hall, Main ;:,'616 XXIII,Section 100-239d,B. ; North Sea Drive,Southold,.NY,; 1,'11,.12.2,3.2,3.3,4,6.L County Tax Map No. 10W,Sec- 8:50 p.m. Appl.:No. 3842- Road, Southold; NY 11971, on (Article XXIV,Section 100-244, tion 54, Block'4, Lot 4. ;;:;. CRESCENT. BEACH CON- THURSDAY,SEPTEMBER 21, as disapproved),for permission - 8:25 p.m. Appl.'No: 3854 tDOS. Variance to the,Zoning 1989, at the following times to construct a one'family dwell- NANCY'STEIN. Variance to. 7:30 p.m. Appl. No. 3861= ing with an insufficient rearyard "Ordinance Article approve Sea:' SOUTHOLD FREE LIBRARY. setback, approximately 75 feet the.Zoning.Ordinance, Article lion 100-271,as disapproved,for . Variance to the Zoning Or- from the.bulkhead in.this R-40 III,Section 100-119.2.(Article I, ;: permission.to enclose decks or dinance, Article IX, Section' 'Zone District. Property Loca- ' Section permission , 't disapproved) t:: patios of units to be enclosed 100-102,as Disapproved, non- for permission, to construct a. with glass windows with insuffi= p ( 'tion: 1390 Bayview Drive, East ',"deck addition within 75 feet of conforming Bulk area and park. -Marion, County Tax Map Dis- cient setbacks. Property Loca- water or wetlands. Zoning Dis- • tion' End of Maple Lane,'East ing requirements of the Hamlet,.,, trict 1000, Section 37,Block 5,.. Location: P Business -District):'Proposed Lot 22• 253 R-40.Cedar' Property Marion,in this Resort/Residen- construction will have insuffi , : 8:00 p.m. Appi. No. 3865 2535 Cedar Lane,EasYMazion, rim(RR)Zone District,County CHARLES .,AND,' CAROL CAROL County Tax Map No. 1000,Sec . Ma No. ..,1000,; ,Section 3$ dent total side yard setbacks tlon.037,.Block 04, Lot'10, P ' Property Location:53705 Main BURST.Variance to the Zoning Block 7, Lot;21 units: _ Road, Southold; County Tax Ordinance, Article III A, Sec- $:30 p.m: Appl. No. 3857 :55 p.m. Appl. No. 3860- Map No.1000,Section 61,Block Lion 100-30 A.3,as disapproved, MICHAEL:.POF>?ALIS. Van ;DR.. PAUL ;'MITCHELL'. ,ylP ance to the Zoning Ordinance, Variance to, the Zoning Or 1,Lot 14., "for permission to construct:`_' Article XXIV Section 100-244I4� g ' 7:35 p.m:Appl. No. 3859 addition with insufficient side' dinance, Article III:A;:Section EMANUEL PIPERAKIS AND'. -'As disapproved,for permission :'100-30A 3; as disapproved, for and rearyard setbacks in this(° to construct a deck addition, approval to construct a single DIMITRIOS AGRIROPOU- .', R-40 Zone District. Property insufficient rear yard setback for family dwelling with insufficient LOUS. Variance to the Zoning Location: 705 Windy Point nonconforming lot in an R-40 Ordinance,Article XXIII, Sec Zone District. Road,County Tax Map District : Property.Coca- front yard setback in this R-40 Zone District. Property Loc tion 100-239d(A)(1),as disap- 1000,Section 87,Block 4,Lot 6. 5e '.`lion: 50'Captain:'Kidd Drive;';;' proved, for permission to con- 8:05 p.m. Appl. No. 3866- ;' ,t tion:-1015 Munn Lane, Orierrt, struct an inground pool with HENRY ARBEENY. Variance _. Mattituck,County Tax Map No. County Tax Map District 1000, deck and fence,within 100 feet to the Zoning �1000,Section 106,Block 03,Lot ,— Section_ 017. Block 02,.Lot,08. g Ordinance, Arti- 028 from Sound in this R-40 Zone ._. cle VIII,Section 100-82,as dis- The Board of Appeals will at approved, for approval of - 8:35 p.m. Appl. No. 3858 said time and lace hear any and District.. Property Location: P ' BERNARD COSIMANO.Van- all-.persons or representatives 3410 North Sea Drive, Orient; insufficient area in this Pending :.; ':,-.,.ance.to the Zoning Ordinance, County Tax Map No. 1000,Sec- subdivision, Light Businessdesiring to be heard in each of tion 15, Block 1, Lot 3. fib.., ( Article ' ` XXIII, Section ,the above matters.Written coni Zoning District(LB); Property ;` 100-239d, B. (Article XXIV; ,7:40 p.m. Appl. No. 3798 Location: Route '48, .Kenny's ments 'may also be submitted Road, ,Southold,'County Tax Section 100-244,as disapproved) rior to the conclu§ion of the ELIZABETH McCANCE.Var- for permission to construct a 1? "'subject hearing.Additional time fiance to the Zoning Ordinance, Map District.1000,Section.059,''.` deck addition within 75 feet of '. :',for your,presentation will'be Article I, Section 106-20(Art* Block 07, L:ot 31. bulkhead. Construction has cle III Section 100-31 as Disap- 8:10 . A 1. No. 3849- available, if needed..For more Pm PP insufficient total side yard set- : information, please. call . proved)for approval of insuffi- CIPITELLI BROS REALTY backs in this R-40 Zone District: cient area in this pending divi- Variance to the Zoning Ordt 765-1809. Property Location: Watersedge Dated Se t sion of land of property, (R 80 nance, Article XXIII, Section p ember 1; 1989. Zone District.) Property Loca- Way, Southold, County .Tax BY ORDER OF THE 100-239d,A(1),as disapproved, 881. w tion: Mansion House Drive, Map No. .1000, Section w; SOUTHOL:D TOWN' for permission to construct a Block 5, Lot 63. e Fishers Island;County Tax Map one family dwelling with an in-,':'. 8:40 '�' BOARD OF APPEALS' District 1000,Section 06,Block sufficient setback and within.,;'': . p.m. Appl. No. 3542- GERARD P. GOEHRINGER CLIFFSIDE (TIDE MARK), ...,,,CHAIRMAN 05, Lot 3-5.1. " . 100 feet from Long Island t, ` Variance to',the Zoning Or- ' «i ,tia 7:45 p.m. Appl. No. 3863- Sound in this R-40 Zone By Doreen Ferwerda A NICHOLAS TSIRKAS. Vari dinance, 'Article V, Section r1 ?, 1X, 9/14/89.(25)�1 District. Location of Property 100-50B Special Exception,(Ar- ance to the Zoning Ordinance, 90 Petty's Drive,Orient,Coun- ticle XIII, as disapproved) for Article XXIV,Section 100-244, ty Tax Map No, 1000, Section •_ permission to construct 76 motel as disapproved, for permission 14, Block 2, Lot 24. Units in this Resort/Residential , to construct a one family dwell- 8:15 p.m. Appl. No. 3852- ing with an insufficient 40' RICHARD DiBLASI.Variance Location: Zone District. Property Loca frontyard setback in this R-40 to the Zoning Ordinance, Arti- Ltion: 6 County 4 Zone District. Property Loca- cle III,Section 100-30A3,as dis- Greenport, County Tax Map tion: 2700 Sound Avenue, No. 1000,Section 045,Block Ol, approved, for permission to..'. Lot Ol. Greenport, County Tax Map' ' construct open deck in front District 1000,Section 033,Block ._ yard,,nonconforming with bulk 01, Lot 11. (N I area and parking regulations in this R-40 Zone District.Proper- ty Location:360 Bayview Drive, East Marion, County Tax Map , No. 1000,Section 037,Block 04, Lot 01..- soistholdv TownAnneals ®ard of MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. 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 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 questions or wish to update your file. Yours very truly, A_A�Z _ GERARD P. OEHRING� CHAIRMAN df Enclosure r— 'APPIR.OVED. BY _ O N nn a - UP' ' `\ o ZO Ca N \\ 19 ii o03 ll col • ftiT r s 6 � �� l f I / ) r• ��a / 3- o - � i I / r•• C)o 14/ _\ ass ;-------------- - � ni " TEL. 765-1802 /(l _p5 Cps TOWN OF SOUTHOLD i OFFICE OF BUILDING INSPECTOR P.O. BOX 728 + Ln TOWN HALL O 0 SOUTHOLD, N.Y. 11971 1 March 26,. 1986 t� Mr. Martin- Lieberman j Crescent-;Beach, Condo. Assoc. P O. Box. 542 rr Greenport, ' N.Y. 11944 I Dear VMr. :Lieberman: The conversation I had with Tom Kraus which you referred to in your letter of February 21 , 1986 dealt with the interpretation of the driveway within this. development being considered as a street as defined in our, zoning law. It is .my opinion that 'the driveway does not meet the d,yfinition of a s.tre�,t and therefore does not es- tablish the front and. -rear yard of the building with- in this development and that the set back. variance under this _a2peal was not necessar _. The only road that would establish the ront and rear yard would be j Maple Lane where it meets the boundry line on norther- ly side of this development. In order to have the restrictions, as setforth ' in Appeal #2552 dated June 14, 1979,. removed, you would have to go back to the ,Zoning Board of Appeals for their.: review of this matter. . Crescent Beach Condominiums is not a subdivision but it is a devel,3pmen.t"of multiple dwellings and the driveway 'within this development is not subject -to highway regulations. It is part' of the common elements within your development. In view of this I can not secs where the driveway qualifies for a street used by the public. n If you have' any questions call me at this tele- phone number. I have tried to. reach you several. times. ` at the number you gave, me. s Yo 1 r Edwar Hindermann EH:hdv Building Inspector J T Southold Town Board of Appeals SOUTHOLD, L. I., N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD _ MEMBERS r ROBERT W.GILLISPIE,JR.,CHAIRMAN CHARLES GRIGONIS,JR. p SERGE DOYEN,JR. June 15 , 1979 TERRY TUTH ILL ROBERTJ.DOUGLASS i. t�Mr. Henry E. Raynor, Jr. , Chairman ' Southold Town Planning Board L Main Road Southold, New York 11971 RE: Crescent Beach Condominium, East Marion, New York - Appeal No. 2552 Dear Mr. Raynor: At a regular meeting of the Southold Town Board of Appeals held on Thursday, June 14 , 1979 , the Board passed the following resolution in connection with the above-captioned matter: On motion by Mr. Douglass , seconded by Mr. Tuthill, it was RESOLVED, that Crescent Beach Condominiums, 45 Marine Place, East Marion, New York; be GRANTED permission to construct decks or patios with insufficient front and rear yard setbacks. Loca- tion of property: End of Maple Lane, East Marion, New York, known as Filed Map Condominium No. 62, upon the following conditions: i (1) The decks or patios may not be enclosed and used as living quarters. i (2) Site Plan Approval from the Southold Town Planning Board. (3) Approval of the Suffolk County Planning Commission. - Very truly yours, ' Babette C. Conroy, Secretary Southold Town Board of Appeals be I S_ MINUTES OF SPECIAL MEETING OF MEMBERS OF THE CRESCENT BEACH CONDOMINIUM ASSOCIATION A special meeting of the Members of the Crescent peach Condominium Association was held by telephone 1G CIM am 1989 at Y:00 o'clock in the c,{,�_/ noon wherein the following resolution was approved: Whereas the Members of the Crescent Beach Condominium Association have retained Moore & Moore, attorneys at law to take all actions necessary to obtain approval of the enclosed decks and screened in porches, Whereas twenty of the twenty-one units have been enclosed in the same general character and architectual style, Whereas the Unit Owners and Members of the Crescent Beach Condominium Association seek to. rescind Southold Town Zoning Board of Appeals condition prohibiting enclosure of decks and screened in porches and seek Southold Town Planning Board approval, if necessary, Thereupon, on motion duly made, seconded and unanimously carried it was: Resolved, that Moore & Moore, attorneys 'at law are hereby retained to take all actions necessary to obtain approval of the enclosed decks and screened in porches, and be it further Resolved, that the officers of this Corporation, be and they hereby are, authorized, empowered and directed to take such action as are necessary to obtain approval for enclosure of decks or screened in Porches on all the Units of the Crescent Beach Condominium, There being no further business, the meeting was. adjourned, Dated: Secr t ry JA A.TINTER . NOTA UB IC,State of Ne York No.3989 0 iled Nab C _ Commission xpirea �__-. 57 -'-";a...'t,'h�2.t' :' .. vl-.t.�'�•'� _,.. .- r •3.- sy.]F - -..ram :. +...�'•^_�_ ._ .i.' =.� _ =.N,.y. �-;- I Y tt hkpp-potiEM BLS 'NAC ED ®ATEe T FEE; BY .. Ne71F`.,, r !�SF,•,RT:°„_rIT COMCRLTE PATIO °�� F`Cr TH_ M t �/{ Y. Ci.� /" •\"y \'C__'..`i'la':S: i L..�+.�-""' �a;liL V� \ 1'►\/� 1 Fes• � T Mo 2. t.: Lr tl r 'j. +..I'a". .. • y1� `'laI FL ALL S`-IAI.L PAS ET CF .THE N'. Y. :. STA,—'.F C`t�STRUCTION & ENE''-,Y COM. NOT RESP0NS LE FOR-ES—N. DF CONSTRUCTIOIN ER.^.C'r C TE SLAB l ' co FOOT)uG wm �f� -'�� I t•n�' Ar .. .. �.,1° ':,i• 1 _ � '1. EKI-;TIN:i pWCLLi&jG COMA00 117 6lE FeEu T `. VliTNG o sum 'p O SUN DECK °0 SCAC E / w4/Y.•^--w...�.•._r_.. .�, .. -��i•.s. �.�y._..-._ w..w. v � ��Aaw°• ..+.�.b.�NwbY.n+M.�.Y�i°�'rMLM.b�M.Mwr��. -.. ° �X• CABLF 'S ✓DS 2Ya shcK 5-NDS a o r LO 7ti'r'7 ca. OVAL LCI�n/ST� f t I Yam__:. _ -.� • -^"..`w.�.�.r+...�+. xf .�ti.. .. r_ - � "I ..-"�-,:�-.,. .-.••-X'h"!"'°�,.,►�__- -�. .. _ ...'..... .. ;.......� �.. :- • - ...�.....�rr..rv-..�. _::..°.~r'.'.. "�i'd4�:µlL$'-=r• ��- - a ROOF CaK.Z'rRUCT%oN . �.�. RoLLCI> A$1164ALT ka6rING MAJEittAL 0;t S%I-GL&J �. ' TAR A E^ �1 PAP � � ti 1/2 PLYWOOD , .. Z.x 8 = q= ROOF f1A1TERS IL � . fu Ad Ora 1(m •�[Nr w� - •- � ��. `�Y.'•Y...'^�•.e erZ...re q...e,a+�••-........_ r� �—.-..- ..--�+.nw.o+.w�w�.r cjp�'r,1(':S"�1i(,Ygsf!• •'.. ,. .�, - ram... .... .�..-�.. .�..»�.",,,�,.my�. ..�w�..r�•..rrwr C.r.rr..+.��-•..:+e.. � K o. NO-Or 4101, . • � •- ��/r ice~ r O 5 h—A�R F-4r= IUD c,-, �ioa) Sri o,5 k5 :43 IC �AI� o p t �i�2�At�i act (,nk-r\-)o(tcr��� (`� cN��c`rr or{-ol *� 1( � C�` (J�*�C51t # I� I l ILU\�El C1� f A5J® 1 c� #S r F- O r I �Pd I I E cs« 3� -sec, cud (OZ� K�j F-j Irl kObF-(4&Ku3 �Crfku,� 493 CSt # # �� l`� N� c k J l'ficD.0 I(�i L v uE(-, •1-1 N i�p\COL t7 ' ®�l °!J �-���"�J, Uv ��5 l l f' of��c��E('�o►���,�� « I�,�o 33 S EtEr �`11AOv1�d� a-[ IEI\-**)'i��10- 13N��rll e�i� Q �o��r C ��) (1 1415 CRESCENT BEACH CONDOMINIUM ASSOCIATION SET-BACKS OF UNITS UNIT NUMBER SET-BACKS OF UNITS FROM DRIVEWAY 7 - 30 ' 5" 8 - 23 ' 8" 9 - 27 ' 10" 10 - 20' 10" 11 - 25' 4" 12 - 18 ' 10" 13 - 23 ' 10" 14 - 19 ' 1" 15 - 18 ' 3" 16 - 8 ' 1" 17 - 22 ' 18 - 16 ' 4" 19 - NO PORCH 20 - 7 ' 5" steps are 513" from driveway \ S �/ _ �b O•� �bO s��f d d� 9x / a q S • Lv _°°tea c• , �� °° °il 1' ca CCF r /l t f f �-- co F u CV /o 'a IC? .- o n. \ O is •�{S:.• co �y } qq. n _1 u,{O �p21x, OYh_ J fJ/ v 1 f f2d aoa 1 f N • as WILLIAM D. MOORE KAREN SZCZOTKA, SECRETARY PATRICIA C. MOORE MOORE & MOORE ATTORNEYS AT LAW SUITE 3 CLAUSE COMMONS. MAIN ROAD P.O. BOX 23 ' ( MATTITUCK, NEW YORK 1 1952 (51 6)298-5674 FACSIMILE(516)298-5664 May 1, 1989 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Attention: Linda Kowalski HAND DELIVERED Re: Application of Crescent Beach Condo Assoc. Our file # : 308-88 Dear Linda: Enclosed please find the following, in response to your March 20, 1989 letter on the above-referenced matter: 1._ One (1) copy of the survey that was approved by the Southold Town Planning Board on September 11, 1979. 2. One ( 1) copy of the Site Plan map filed with the Southold Town Planning Board on May 31, 1978, File No. 62. 3 . One (1) copy of the Covenants and Restrictions. 4. Photographs of the subject screened-in porches ?' which are the subject of this application. If there is any further information needed, please do not hesitate to contact my office. Very truly yours, William D. Moore `WDM\kts f� -Encls. cc: Crescent Beach Condominium Assoc. 1 � i N N 1 N n • DIY I .a 3'j ,3 �;D g toe•. 03 I oto" / 3 /9 9 aF / ,4 84 QCH 6 OG / 'j � o Cti c i O G •fie' b � 141 4 ,Qs, - n`Pr ��Y \•�4/ 1 �F S S \65 1. -.7 211, A 2 r l c— 5 '8 Vol, N St.'t q'td'e. � 62 0.1V Hydra —fd4eMen4 ' Iel..- ':' 4efA-\ H 15 Al 14 16 _17 J 15 \4 a SG 2.9, 0- Ll 2 c K 21 LAWN- In FVi �e loo v uaEv 2r cjrh I ntz y qp 0 00, so co LAWIV 19,Smi 71 4 ' I De LK I 208 564.67 Sr 5 -f .,,9" 4) \4b UHL v-kIFITC f 'o. I A i2 L 14 \0 CA Fy A, 10 a_-o 4. LiRCx Aj)1';5' THIS CONDOMINIUM DOMINIUtA WILL APPEAR IN DISTRICT 1000 ON ------ 'j SHEET 038.1. - ' IN BLOCK 01 OF THE SUFFOLK COUNT SITE PLAN '�s 9e / CRESCENT BEACH CONDOMINIUM VILLAGE OF EAST MARION,TOWN OF SOUTHC SUFFOLK COUNTY, NEW YORK. Th,s s tn ce,-f,fy)/j,/Me o survey Z8.0 U I (JO5 ce), pklea ot�tAe o,"/Y ,1975 :'14- it Lo, furors fo 1he fax o-i.qc2.s,nenl WATER SUPPLY by VILLAGE of GREENPORT UTILITIES Se-irrtprtvns used by the Tdum qf jvv1j),jjl1 )y utl/t. ELECTRIC by LONG ISLAND LIGHTING CO. GUARANTFFD T") TPP" CRESCENT BEACH DECLARATION OF COVENANTS AND RESTRICTIONS i; — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — i WITNESSETH: That James P. Kavanagh, residing at (no i number) Main Road, East Marion, New York, being the record owner !; of all the real property hereinafter described and the subject of : I this declaration, does hereby declare for himself, his successorsi; 1i and assigns, in consideration of the premise.s, and hereby makes known publishes and . declares, covenants and agrees that the I� premises hereinbelow described shall hereafter be subject to the i �+ covenants and restrictions hereinbelow enumerated which shall be considered to be real covenants running with the land and binding ; +� upon a 11�Ij p purchasers, owners, mortgagees, lienors and such other i persons acquiring an interest therein or of any portion of said If premises, and their respective heirs, executors, administrators, ji successors and assigns, which covenants and restrictions shall be , and. remain in full force and effect from the date of the recordini I� of the within instrument in perpetuity. �i DESCRIPTION: See Attached Schedule �j I` The parcels designated as common areas ■ f f' shall not be open or available to the public for gen- eral or park use but shall remain at all times in the exclusive j i; possession and for the exclusive use and enjoyment of owners of ! lots 1' - 21, inclusive. 1. The declarant shall at his own cost and expense establish a Not-For-Profit corporation for the benefit of owners of lots 1 - 21 as shown on said map, after 11 lots have been sold. 2 . Each said lot pwner or succeeding owner_ shall automatic- ally become a member of said Homes Association. I 3 . The owner of each lot shall bear one-twenty-first of the expenses of the Homes Association ' s activities , after its form- ation. These expenses shall include any and all real property taxes levied after the date of the formation of the Not-For- Profit corporation. 4. Title to common areas shall be conveyed to the Homes Association promptly after the creation of said Association. ! • i 5. Lot owners shall have a proportionate vote in the affairs ' of the Homes Association and a proportionate right to the use j and enjoyment of the common areas . 6. Upon the formation of the Homes Association, all res- d; ponsibility for the operation and maintenance of the common areas ' and the facilities thereon shall lie with the Homes Association, 7. Conveyances from the developer to the owners of lots 1 - 21 shall include a grant of an easement of enjoyment over the ;c said common areas, such easement to continue until such time as said Homes Association is created. B. The Homes Association -shall have the right to borrow :. money for improvements to the common areas and may encumber them i as security for said improvements to the area. 9. The Homes Association shall have the right to suspend membership rights of any said lot owner of nonpayment of assess- ments, or for the infraction of any published rules of said Association. 10. Each deed of conveyance to a lot maul shall include by reference these covenants and restrictions . 11. The .Homes Association shall be perpetual, shall have the right to purchase, insurance, shall pay taxes and shall provide in it' s charter and/or By-Laws for an annual homeowner' s fee and shall further provide that all such fees and assessments shall become liens until paid upon said lots The Homes Association shall have the right to proceed with necessary legal action to foreclose and/or enforce said liens and it shall further have the right to commence action against any lot owner for the collection of any unpaid assessment in any i court of competent jurisdiction. 12 . The declarant shall assume responsibility for all taxes and improvements and expenses until such time as 12 lots have been conveyed. 13 . If the declarant or his successors or assigns shall violate or attempt to violate any of the covenants and restrictions enumerated herein, or shall fail to enforce said covenants and restrictions, it shall be lawful for any other person or persons owning any portion ' of the hereinabove described premises to prosecute at law or in equity the persons violating ,or attempting to violate any such covenant and either prevent them from so doing or to recover damages for such violation. 14. Invalidation of any one of these covenants, in whole or in part, by judgment or court order, or otherwise, shall in no wise affect any of the other provisions which shall remain in full force and effect. 15. No fences, either natural or man made shall be erected or maintained on any lot. 15. No commercial vehicles or boats shall be maintained or stored on any lot. e 16. No more than two household pets shall be maintained on the premises by any lot owner. 17. No nuisance or noises of any kind unwholesome and offensive to the neighborhood, shall be permitted to exist on said premises nor shall any accumulation of rubbish, garbage, junk, or materials of any kind be permitted to remain on said premises . No signs shall be permitted on any lot. 18. Occupancy shall be seasonal, limited to the period from April 1 to November 1. 19. All maintenance of the exterior of each house shall be done at the direction of the Homes Association including but not limited • to maintenance of grounds, painting of exterior of build ing, maintaining all roofs, water and sewerage system repairs . Cost of repairs done to individual house lots shall be born by i 1: owner of the lot which is benefited by the repair or s; !' maintenance or if more than one ]ot is benefited than the cost shall be apportioned accordingly. sold 20.. Each lot is/subject to and together with a perpetual easement for the maintenance repair and replacement, of existing water and sewerage systems. 21. The common areas, including roads, shall be maintained by the Home Owner' s Association. 22 . Ownership of each lot shall be restricted to individuals over the age of . WU lJ of CR 4 si3a Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 i� TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH:H. SAWICKI March 20, 1989 JAMES DINIZIO, JR. William D. Moore; Esq. Moore and Moore Main Road, Box 23 Mattituck, NY 11952 Re: Application of Crescent Beach Condo Association Dear Bill: In reviewing the above documents received by our office last Friday, it was noted that the Neighbor Notice with Affidavit of Mailing was riot signed or notarized. Please complete and return same as early as possible together with: (1) one to three prints of an original site plan map showing the entire lot, all building construction with setbacks, and the access drives to each unit in the development - {drawn to scale} ; (2) copy of any Covenants and Restrictions of record affecting the premises; (3) photographs of the subject screened-in porches which are the subject of your application. Upon receipt of the Affidavit of Mailing with the Notice to Neighbor Form, we will file your application with the Office of the Town Clerk. You may, if preferred, send the additional documentation under separate cover. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosures PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS GREG MILLER & others 60-67-68th Road Ridgewood, New York 11227 SCTM # 1000-38 . 1-1-5 Mr. Henry Paulisen & Wife Maple Lane, P.O.Box 152 as trustees East Marion, New York 11939 SCTM # 1000-38-8-1 Gusmar Realty 1307 37th Avenue Long Island City, New York 11101 SCTM # 1000-35-8-5 . 3 Mr. James P. Kavenaugh P.O.Box 223 Greenport, New York 11944 SCTM # 1000-8-4'. 1 PS Form 3800, June 1985 " PS Form 3800,June 1985 o O m m � m a m (n p) _ n �: T PS Form 3800, June 1985 v - oX y F O dm m m m o v cn - 3 D C.e �c ? a w O m a am mm a o D w a m N 10 a-5, 0� (D `1.7 O Z— j k m . `c a o zn N7 c o ,� T N '� Ta -n ST a 'c o O ldJ m ° tin (b zg- 0 UJ CD STATE OF NEW YORK ) '; ��� o 10 zg n ss.: COUNTY OF SUFFOLK ) � m Cri \ o of 19 de �;� F (; verse side hereof, directed to each of the above-na, �u names;that the addresses set opposite the names c . the current assessment roll of the Town of Southold; that said Notices were maiieu at uie u((1icu �L"L , fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of , 19 Notary Public (This side does not have to be completed on form transmitted to adjoining property owners . ) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Crescent Bea h condominium ASSOC. NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Greg Miller & others 60-67-68th toad Ridgewood, New York 11227 SCTM #1000-38 . 1-1-5 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (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: Crescent Beach Condominium, Maple Lane, East Marion, Town of Southold New York SCTM# 1000-38 1-01-6 3. That the property which is the subject of such Petition is located in the following zoning district: RESIDENTIAL 4. That by such Petition, the undersigned will request the following relief: G NTING TfiE DECKS OR PATIOS OF UNITS TO BE ENCLOSED WITH GLASS WINDOWS. V 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXVII Section 100-271 (D) [ ] 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. Dated: Petitio Owners ' Names : Post Office Address A WILLIAM D. MOORE KAREN SZCZOTKA, SECRETARY PATRICIA C. MOORE MOORE & MOORE ! (��{ ATTORNEYS AT LAW SUITE 3 CLAUSE COMMONS I.I' llll4 \/ MAIN ROAD P.O. Box 23 MATTITUCK, NEW YORK 1 1952 (51 6)298-5674 FACSIMILE(516)298-5664 April 10 , 1989 Southold Town Board of Appeals Southold Town Hall Main Road Southold, New York 11971 ATTENTION: LINDA KOWALSKI Re: Application of Crescent Beach Condo Assoc. Dear Linda: In response to your March 20, 1989 letter, enclosed please ;qU�t ind the Neighbor Notice with Affidavit of Mailing signed and notarized. The prints of an original site plan map, a copy of the Covenants and Restrictions of record. affecting the premises and photographs of the subject screened-in porches will be following this letter. Very my yours, W' ,lliam D. oore WDM\kts Encl. n'r SOUTHOLD .TOWN BOARD OF ?EALS -4- June 14 _;.979 attesting to its publication in the official newspapers, and disapproval from. the Building Inspector. The Chairman also read a letter from the Town .Clerk' that notification by certified mail had been made to: James Kavanagh, Dawn Estate Shopping Center, Rhoda and Zena Kaplan, W. H. Paulisen. Fee paid $15. 00 THE CHAIRMAN: A copy of the minutes of Crescent Beach Condo- ' minium of April 29 , 1979 marked for the attention of the Board of Appeals is in the file. (The Chairman read the portion of the minutes pertaining to the sun decks and concrete patios. ) Is there anyone present who wishes to speak for this application? MR. CHARLES GUHL: I have nothing to add, Mr. Chairman. THE CHAIRMAN: I believe you went over the possible location of each one of these patios or decks with the Building Inspector, correct? MR. GUHL: Yes, I spoke to him. THE CHAIRMAN: So these figures that you have here, for instance no closer than 5 feet to the driveway have been discussed with the . Building Inspector? That measurement concerned us. MR. GUHL: Yes. THE CHAIRMAN: No patio or deck will be closer than 4 feet to any adjoining unit. The units are pretty close together. About 10 feet apart? MR. GUHL: I would say more than 10 feet in most instances . There will be more than 4 feet between the wrap around and the next unit. MR. DOUGLASS : How do you intend to get 5 feet on Kempner? MR. KAVANAGH: There will be 6 feet there. If you don't count his existing porch it is 6 feet to the turn in the road. MR. DOUGLASS : Are you going to have a wrap around there? MR. KAVANAGH: I 'm not talking about the wrap around. I 'm talking about his porch. The road swings out there. His pier there is 6 feet from the road. MR. DOUGLASS : That was one we measured and got 2-1/2 feet. THE CHAIRMAN: Is this the pier that supports the condominium? MR. KAVANAGH: He put a pier in. He shouldn 't have, but it is 6 feet from the road. He put a big concrete block there. THE CHAIRMAN: When a fire truck comes in there and swings throuc,�7- V\ SOUTHOLD TOWN BOAR`,_,, OF APPEALS -3- Jt`___ 14 , 1979 pool. THE CHAIRMAN: I was just wondering if the Building Inspector cons ered the existing fence around the whole yard enough? R. GIANNONE: Yes, the fence is legal for the pool, but it doesn't m e me happy. THE CH RMAN: I think the application is clear eno Does anyone have any uestions or anything to add? Is there yone present who wishes to spea against this application? (there s no response) . After investiga 'on and inspection the Board finds that the applicant wishes to cons uct an in ground pool ro his property. The applicant has no legal rea and due to the f t that his property abuts Main Road (State Road ) , Wickham Av ue and a private right- of-way owned by the DeFriest F eral Home. The entire property is presently fenced, .but the applic t plar�to put an additional fence around the pool. The Board agrees ith the reasoning of the applicant. The Board finds that strict app 'cation of the Ordinance would produce practical difficulties o unneces ry hardship; the hardship created is unique and would no be shared b all properties alike in the immediate vicinity of th property and in e same use district; and the variance will. not hange the character o he neighborhood and will observe the spirit the Ordinance. i On motion by M . Tuthill, seconded by Mr. Grigoni it was RESOLVED, at Gene Giannone, Main- Road, Mattituck, N York, be GRANTED permissi n to locate an in ground pool in the front ya d area. Location of pr erty: Corner of Wickham Avenue and Main Road ( R. 25) , Mattituck, N�� York, bounded on the north by DeFriest; east by Mc ullough; south by 'M jn Road (S. R. 25) ; west by Wickham Avenue, subject to the following condition: (1) Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs : Gillispie, srigonis, Tuthill and Douglass. PUBLIC HEARING: Appeal No. 2552 - Upon application of Crescent Beach Condominium (Charles Guhl , as agent) , 45 Marine Place, East Marion, New York, for a variance to the Zoning Ordinance, Article V, Section 100-51 and Bulk Parking Schedule for permission to construct decks or patios with insufficient front and rear yard setbacks. Location of pro- perty: End of Maple Avenue, East Marion, New York, known as Filed Map Condominium No. 62 . The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits J SOUTHOLD TOWN BOARD OF ---PEALS -6- June 1,.-, 1979 After investigation and inspection the Board finds that the �.. applicant is representing the 21 members of the condominium in this r application for decks and patios. The decks and patios will be no \ ' larger than 1413" by 16113" . Neither the decks or patios will be closer than 5 feet to the road or closer than 4 feet to any adjoining unit. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that Crescent Beach Condominiums , 45 Marine Place, East Marion, New York, be GRANTED permission to construct decks or patios with insufficient front and rear yard setbacks: Location of property: End of Maple Avenue, East Marion, New York, known as Filed Map Condominium No. 62 , upon the following conditions : (1) None of the decks or patios will be enclosed and used as living quarters . . (2) Site Plan Approval by the Southold Town Planning Board. (3) Suffolk County Planning Commission Approval. �. Vote of the Board: Ayes : Messrs : Gillispie, Grigonis , Tuthill and Douglass . PUBLIC HEARING: Appeal No. 2556 - Upon application o heodore Rohloff, 2870 Orchard Street, Orient, New York, for a va ' nce to the Zo Ordinance, Article III , Section 100-31 and Bul arking Schedule for pe ' ssion to divide property with insufficie area and width. Location o roperty: Orchard Street, Orient,,,New York, bounded on the north by Orcha Street; east by Rohloff; s h by Mayer; west by Blank. The Chairman o - ned the hearin y reading the application for a variance to the Zoning 0 nance,. gal notice of hearing, affidavits attesting to its publication e official newspapers , and disapproval from the Building Inspector. Chairman also read a letter from the Town Clerk that notificat ' n by cer ' ied mail had been made to : Jean Rohloff , Mr. and Mrs . ter Blank, Jr. , �hirle Mayer. Fee Y y paid $15. 00 . THE CHAIRh is The applicant has inclu a sketch of his property which indicate that the total area is about 59 , 0 square feet. There are two exi ing dwellings on the property; one of wh ' h is an existing old resi nce that is being used as a storage building a a new resider - - built Mr. Rohloff. The proposal is to create two lots om the propec, SOUTHOLD TOWN BOA]` OF APPEALS -5- Jam___ 14 , 1979 he won 't take- off the corner of the building will he? i MR. KAVANAGH: Well , I had a maid do it one time. One of the chamber maids hit that corner of the building. THE CHAIRMAN: Is there anything else to be added to this application. I think that we suggested that you apply for this in one application so it would cover all of the members. Concerning the patios to the west, I believe that the Building Department feels that anything that is flush to the ground does not require a building permit, but if any of your members wished to raise their concrete patios they would require a building permit. The only other question in my mind is the site plan approval. We were never able to establish that the site plan to the original condominium was approved by the Southold Town Planning Board, and I think the point was made that if it was never approved there is no way to change the site not that it exists. Is that correct? MR. KAVANAGH: Yes, that is correct. I thought all that stuff was straightened out. I had Bruer and Edson. They were supposed to be representing me, I paid them enough. I thought everything was all straightened out. They told me it was. THE CHAIRMAN: I think it has been suggested that you get site Plan approval for this application from the Planning Board. Who suggested this anyway? , THE SECRETARY: Mr. Fisher. THE CHAIRMAN: That would automatically clear up all . the site plan problems that exist now. MR. KAVANAGH: Well , what do I have to do now? THE CHAIRMAN: Is there anyone present who wishes to object to this application? (there was no response) . Okay, we will approve it now. Okay, the only stipulation we would put on this is that the patios or decks cannot be enclosed and used for living quarters. MR. KAVANAGH: That ' s fine. We don 't want that to happen either. You are talking• about •having it enclosed with jalousies and all. THE CHAIRMAN: The decks or patios may not be enclosed other than with screening materials . MR. GUHL: Will we be able to get one building permit to cover all that we wish to do? THE CHAIRMAN: I don' t know how Mr. Fisher wants to handle that. We just agreed to handle the 21 structures under one permit to save this Board paper work. I think this site plan approval will solve many of your problems. You have good roads and fire plugs. Mailing List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 21, 1989 Copies to the following on or about September 9, 1989: Suffolk Times, Inc. (Personal Delivery) L.I . Travel-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. Thomas C. Samuels, as. Agent for Southold Free Library 25235 Main Road, Cutchogue, NY. 11935 Southold Pools, as Agent for Piperakis and Argiropoulous P.O. Box 1412, Southold, NY. 11971 Mr. Richard Lark, Esq. for Elizabeth McCance, Main Road, P.O. Box 973 , Cutchogue, NY. 11935 Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361 Ms. Marie Ongioni, Esq. for Edwin Kinscherf, 218 Front Street, Greenport, NY, 11944 Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr. Peconic Associates, P.O. Box 672, Greenport, NY. 11944 Edson and Bruer, Attorneys at Law, Esq. for Charles and Carol Burst P.O. Box 1466, Southold, NY, 11971, Mr. Rudolph Bruer, Esq.' for Henry Arbeeny, P.O. Box 1466, Southold, NY, 11971 Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty, Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716 Mr. Warren A. Sambach, Sr. for Richard DiBlasi, P.O. Box 1033, Cox Lane, Cutchogue, NY 11935 Mr. Charles R. Cuddy, Esq. for Elliot Paskoff, 180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901 Mr. Kenneth Stein, 5 Witchwood Lane, Chappaqua, NY. 10514 Mr. and Mrs. Michael Toffalis 50 Captain Kidd Lane, Mattituck, NY 11952 Mr. Jim Delucca, for Bernard Cosimano 12 Linda Lane, Riverhead, NY 11901 Mr. Garret A. Strang, for Paul Mitchell P.O. Box 1412, Southold, NY 11971 Mr. Richard. T. Haefeli, Esq. for Cliffside (Tide Mark) 184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978 Mr. Merlon Wiggins, For Port of Egypt 1 Bootleg Alley, Greenport, NY, 11944 Mr. William D. Moore, Esq. for Crescent Beach Condo. Main Road, P.O Box 23, Mattituck, NY 11952 Mr. and Mrs. Domenico LoRe 21 Chatteua Drive, Box 24, Oakdale, NY 11769 Mr. and Mrs. Nick J. Cassimates 150 Captain Kidd Drive, Mattituck, NY 11952 Ms. Margeret Drape 160 Breakwater Drive, Mattituck, NY 11952 FFot��o o Southold Town Board of Appeals �•,�jj,�l ��p� SOUTHOLD, L. I., N. Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS ROBERT W.GILLISPIE,JR.,CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. June 15, 1979 TERRY TUTH ILL ROBERT J.DOUGLASS Mr. Henry E. Raynor, Jr. , Chairman Southold Town Planning Board Main Road Southold, New York 11971 RE: Crescent Beach Condominium, East Marion, New York - Appeal No. 2552 Dear Mr. Raynor: At a regular meeting of the Southold Town Board of Appeals held on Thursday, June 14 , 1979 , the Board passed the following resolution in connection with the above-captioned matter: On motion by Mr. Douglass, seconded by Mr. Tuthill, it was RESOLVED, that Crescent Beach Condominiums, 45 Marine Place, East Marion, New York, be GRANTED permission to construct decks or patios with insufficient front and rear yard setbacks. Loca- tion of property: End of Maple Lane, East Marion, New York, known as. Filed Map Condominium No. 62 , upon the following conditions: (1) The decks or patios may not be enclosed and used as living quarters. (2) Site Plan Approval from the Southold Town Planning Board. (3) Approval of the Suffolk County Planning Commission. Very truly yours, ' Babette C. Conroy, Secretary Southold Town Board of Appeals be TOWN OF SOUTIIOLD, NEW YORK DATE . JU1 7 3 , 197 9 ACTION OF THE ZOMNG BOARD OF APPEAI,S Appeal No. 2552 Dated May 2 2 i 19 7 9 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Crescent Beach Condominiums Appellant 45 Marine Place East Marion, New York (Charles Guhl, as agent) at a meeting of the Zoning Board of Appeals on June 14 , 1979 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance . 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8 : 0 0 P.M. (D.S.T. ) Upon application of Crescent Beach Condominium (Charles Guhl, as agent) , 45 Marine Place, East Marion, New York, for a variance to the Zoning Ordinance, Article V, Section 100-51 and Bulk Parking Schedule for permission ' to construct decks or patios with insufficient front and rear yard setbacks. Location of property: End of Maple Avenue, East Marion, New York, known as Filed . Map. Condominium No. 62. •2. VARIANCE. B_v resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested ,variance ( ) be granted ( ) be denied and that the pr vious decisions of the Buildin.& Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE APPRUVCD ZONING BOARD OF APPEALS FORM ZB4 C��airman board of Appals After investigation and inspection the Board finds that the applicant is representing the 21 members of the condominium in this application for decks and patios. The decks and patios will be no larger than 14113" by 16 '13" . Neither the decks or patios will be closer than 5 feet to the road or closer than 4 .feet to any adjoining unit. The Board finds that strict application of' the Ordinance would produce practical difficulties or unnecessary hardship; the hardship creat4d is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. .Tuthill, it was RESOLVED, that. Crescent Beach Condominiums, 45 Marine Place, East Marion, New York, be GRANTED permission to construct decks or patios with insufficient front and rear yard setbacks. Location of property: End of Maple Avenue, East Marion, New York, known as Filed Map Condominium No. 62 , upon the following conditions: (1) None of the decks or patios will be enclosed and used as living quarters. (2) Site Plan Approval by the Southold Town, Planning B oard. (a) Suffolk County Planning Commission Approval Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and .Douglass. .. - _vim .. • .. .. ._ - � . -..,,:.,�-.;:._.-•., � - tX4 CASLE S7VDs i L—� �'— —t•-- -- - I �-2X4 Louse pLATC. t� r ti 4V zo - - _ _ Cr�1VS;'I?ilC i/On/ I � oocrwAld Z/1 �J3dv'd r►1M VI.%2 to 'Iv%a3jV%4 9hidod� 1-MFa1SV Q-:rn s �.� „ter •.%, ..,-•,�..,�-n„�,-,�;_� ,• ._, __ - . � �` �-- � - �'• . •fir •�� �� .?- --•.i...... •+.,.•.',.n- _ . _ �.. -( •ems.•. .fr+.!'�r.. � •. � � :c+- .+• '�, • CO - •, '`�. .. •���,,. ��.�.��-+ate}7�'St�• - ” ; •�i 41 ZLEhEWT COM1404 �• eYliTNG = 1NG - Dw Q.LL - a Sum CECr.OR CC I'REIE RA 10 / SUN DECK FF� T 'F D Ln S , Southold, N.Y. 11971 TELEPHONE 765-1938 HENRY E. RAYNOR, Jr. , Chm. . FREDERICK E. CORDON JAMES WALL Bennett Orlowski, Jr. George Ritchie Latham, Jr. September 14, 1979 Mr. Charles Guhl Marine Place East Marion, New York 11939 Dear Mr. Guhl: The following action was taken by; the Southold Town Planning Board at a regular meeting held September 11, 1979. RESOLVED to grant site plan approval to Crescent Beach Condominiums, map dated 2/13/79, to construct decks or patios as the building inspector has indicated that there will be a , sufficient parking area for the number of units. Yours truly, Muriel Tolman,Secretary Southold Town Planning Board .,Copy to George Fisher Sr. Building Inspector O O 1 sIN APPROVED. BY P LAN 11141 'BOARD cv _ cof n w H443 sct4,rs '`o • 'e4� qcy • /+G 0�IIfe IDG 0 Crescent Beach Condominium Association L P.O. Box 542 Greenport, New York 11944 February 21 , 1986 Mr. Edward Hindermann Town of Southold Building Department Town Hall Southold, NY 11971 Dear Mr. Hindermann: The Board of Managers of the Crescent Beach Condominium has been advised by Tom Kraus, a unit- owner, of a conversation that he had with you recently concerning some restrictions in the nature of additions which may be made to some of the individual condominium units. Specifically, certain units were limited to the addition of screened-in porches, rather than living quarter additions , because of their proximity to what was initially categorized as a "road" that runs along the side of these units . In your dis- cussion with Mr. Kraus, you indicated that this should more correctly be designated as a driveway, which would result in a removal of the aforementioned restriction. Naturally, The Crescent Beach Condominium would like to have this designation officially changed, with the resulting lifting of the restriction. Hopefully, this letter will suffice as an official request. I have attached a copy of the 1975 Site Plan. The gravelled driveway in question is highlighted in red. If you require anything additional please let me know by writing to me at the above address or by calling me at (516) 331-1336 . ` Thank you for your consideration. Sincerely, Martin Lieberman President Board of Managers F Si �t`a,,'.irfJ{{ •ti' g Ai.ifiY'�' nM�i1� rA r i •`� TEL. 765-1802 3" �p TOWN OF 90U MOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD.N.Y. 11971 { ' .,, • ' _ ,.�,..•,-,.,: ':.,:.-.'.. . 1. f�.� ,March: 2 6 1986 , 4�#}471]Q � N , ,..y.•• r y, , I f t :1; ',•- '" , � �� nL y(A�, •k I A �r '�'�' y,rYA.. i 7r r'Mr.. Martin Lieberman i r l Crescen k° '} ,x► r c t','BeachsCondo.�Assoc. t t eY'4'a'{• JY P o BOX' 542' ,.'#. •...,i. $ �t s r , Greenport', N.Y. ,11944 D a a i •'` L�,eberman:,�:4`V..t' •,1'►�,�°- "�'li '. X/�.r9t!: - f. �Y 7tc� :! The conversation I had with Tom Kraus which you referred to in your letter of February 21 , 1986 dealt with the interpretation of the driveway within this. development being conhidered as .a street as defined in our+ zoning law. It is my opinion that 'the driveway does not meet the c ,ifinition of a s.tre4.t and therefore does not es- tablish the front -and-rear yard of the building with- in this development and that the set back. variance ! under this appeal was not necessary. The only. road t at would establish the ffont'and. rear yard would be Maple Lane where it meets the boundry line on norther- ly side of this development. ' 1 In order to have the restrictions, as s6tforth • in .. Appeal #2552 dated June 14 , 19790, removed, you would have to go back to the ZoningBoard of Appeals for . theiri!'review ,of. .this- clatter. Crescent Beach Condoininiums is not a subdivision but it is a development'•of" multiple dwellings and. the driveway 'within this development• is not subject -to 'highway regulations. It is part' of the common elements within ydur development. In view of this I can not see -where the driveway qualifies for a street used b public.. Y •the ' ;''�`'«.a .d:Su',fi.`r"s�,fj:rA4, ... �-! I. , ;�'•" �jr.,.c:•��;,�,yp;,yi.,,.,;. If you have any questions call me at this tele- phone number.' "I have tried to. reach you several... times,". .number you gave me. t AN t Yo s 1 Edwar Hindermann iL EH:htdcv Building Inspector •i�h"'?:"tjt-'<�' G ' F,.',i' .:4 .V�`•)k'., is r •14 •],l 1VXk7AA,F t � 1 1:7dG ">' 't' i ! '1 .rAr 1�,,7i .1•. ° .. 1'!i YY•. 2f���•!���Y�T;�,�tf{tC��•!'j9;�YJ Ft Yt i! i t I . + t1 i + ,J 17; r ch�i'.:Yi�i+-!ffLu�� lA�tiF�e�:.�a:Y}C+`f;'�'i.Y;�r;�n:tu;tl� •,�: ' ,!= 1 � CRESCENT BEACH CONDOMINIUM ASSOCIATION SET-BACKS OF UNITS UNIT NUMBER SET-BACKS OF UNITS FROM DRIVEWAY 7 - 30' 5" 8 - 23 ' 8" 9 - 27 ' 10" 10 - 20 ' 10" 11 - 25 ' 4" 12 - 18 ' 10" 13 - 23 ' 10" 14 - 19 ' 1" 15 - 18 ' 3" 16 - 8 ' 1" 17 - 22' 18 - 16 ' 4" 19 - NO PORCH 20 - 7 ' 5" steps are 513" from driveway R r o��FFo��o s 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 September 21 , 1989 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. S,E.n.R.A. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TYPE II ACTION DECLARATION Appeal No. 3842 . Project/Applicants: Crescent Beach Condo Association County Tax Map No. 1000- 38.1-1-Units 1-21 Location of Project: End of Maple Lane, East Marion, NY Relief Requested/Jurisdiction Before This. Board in this Project: Rescind Condition #3 under previous Appeal #2552 in which decks or patios were not to be enclosed. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment . (Short) . Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under -SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tr oS��FOL��D Town Hall, 53095 Main Road a 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: April 12, 1989 Transmitted herewith is Zoning Appeal NO. 3842 application of Crescent Beach Condominium for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I0tter relative to NYS Tidal Wetlands Land Use; Noti.ce:-of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. �„V• �.aQ� e/ Judith T. Terry Southold Town Clerk WILLIAM D. MOORE PATRICIA C. MOORE - MOORE & MOORE ATTORNEYS AT LAW SUITE 3 CLAUSE COMMONS MAIN ROAD P.O. BOX 23 MATTITUCK, NEW YORK 1 1952 (516)298-5674 Facsimile: ( 516) 298-5664 March 15, 1989 Ms. Linda Kowalski Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Re: Crescent Beach Condominium Association Dear Linda: Enclosed please find Zoning Board of Appeals petition by Gregory Miller, secretary of the Crescent Beach Condominium Association on behalf of all the unit owners of the Crescent Beach Condominium. The Crescent Beach Condominium owners seek amendment of ZBA appeal #1819 dated August 9, 1973 and rescission of ZBA appeal #2552 to permit glass enclosure of screened porches. The following documents are enclosed: 1. Appeal ( 3 copies) 2. Notice to adjacent property owners with mailing receipts 3 . Questionnaire 4. List of Crescent Beach Condominium unit owners 5. Resolution of Members of the Crescent Beach Condominium Association 6. Short Environmental Assessment Form 7. Minutes of Appeal. #1819 and #2552 8. Letter dated March 26, 1986 from Building Inspector 9. Letter dated June 15, 1979 from the ZBA to Planning Board 10. Plans used by units owners for sun deck or screened porches 11. Site plan approval of Planning Board with decks or porches 12. Pre-paid self-addressed postcard acknowledging receipt of application 13 . Our firm' s check for $150. 00 made payable to the Southold Town Clerk for the filing fee. Please schedule the appeal for the earliest possible date. Thank you in advance for your assistance in this matter. Very truly yours, William D. Moore (fiI WDM` �--- - Enclosures cc: Crescent Beach Condominium Association (w/o enclosures) S11ORT ENVIRONMENTAL ASSraCtfE:1IT FCiU4 INSTRUCTION-St (a) In order to answer the questions in this short EAF is is assumed that the proparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional atudioe, research or other investigations will be undortalcon. (b) If any question has been answered Yes the project m y be significant and a completed Environmental Assessment form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (d) Environmental Asnnnsment 1• Will project result in a largo phyaicul change to the project site or physicallly alter more than 10 acres of land? • • . . . . . • '• • • 'tea /110 29 Will there be a major chnngo to any unique or unusual land form found on the site? . . . . . Yes7110 3. Will project altar or have a largo offoct on an existing body of water? V_ Yes No 4. Will project have a potontially largo impact; on / 11-0 groundwater quality? • • • • • • • • • • • Yos 'LJ 5. Will project significantly, effect drainage flcni / on adjacent sites? Ynl ✓ No of -i 6• Will project affect any throatune(i or endangered ;) Vr -plant or ani•�11 species? • • • • • • • • . • Y(;'1 ✓ 110 r n y• Will proieet result in a tr.a jor advor:co effect on air qual ty? • Yes ,�/^ 110 0 8• Will project hava'a major' offoct cn visual char.- actor of the community or scenic views or vistac / Nknown to be important to tho community? . . . Yen V No 9• Will project adversely impact any site or struct.- era of historic, pro-historic, or paleontological importance or any site designated as a critical onvironmental area by a local agency? . . • Yes tie 10. Will project have a major offoct on existing or future recreational opportunities? Yes ' no 11• Will project.result' in major traffic problems or cause a major affect to axistine, transportation systCtts? • • • • • • • . • . • . fc?3 No = 12. Will project regularly cause objectionable odor::, noise, glare, vibration, or electrical distort,_ ance as a result of the project's operation? Yes 110 13• Will project have any impact on public health or L safety'.' . 'le:; • t!u IL. Will project offoct the existing commurrit/ by directly causing a growth in permanent pupula- tion of more than 5 percent over a cne--your period or have a major negative effect un the ctraractcr of the corununity sr neighborhocd? . Yes 15. Is there public controvurr;• concer nin,, i:ho project? Yes :40 PREPaRER'S SIGNATURE: nn TITLE: RE?RES7-:1TINC: - 'r�tl7e TINT NOTARY P B C,State of New York No.3989260 iled Nass C u ty Commission Expires •QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED "WITH YOUR APPLICATION 'FORMS. TO THE BOARD OF APPEALS Please complete , sign and return to the Office of the Board of Appeals with your completed application forms . If "Yes" is answered to any questions below , please be sure to depict these areas on your survey (or certified sketch ) , to scale , and submit other supporting documenta- tion. 1 . Are there any proposals to change or alter land contours Yes seaward of area un der construction? No 2 . Are there any areas which contain wetland grasses ? (Attached is a list of the wetland grasses defined by Yes Town Code , Ch . 97 for your reference . ) 3 . Are there existing structures at or below ground level , Yes No such as patios , foundations , etc? 4. Are there any existing or proposed fences , concrete barriers , decks , etc? Yes 1::No 5 . If- project is proposed for an accessory building or structure , is total height at more than 18 'feet above Yes o average ground level ? State total : ft . If project is proposed for principal building or ,structure , is total height at more - than 35 feet above Yes 'No average ground level? State ,tdtal : ft. 7 . Are there other premises under your ownership abutting Yes `Nb` this parcel ? If , yes , please submit copy of deed. 8 . Are there any building permits pending on this parcel (or abutting land under your ownership , if any ) ? Yes �60 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 o Town Board Yes o Town Tru'stees Yes County Health Department Yes Village of Greenport Yes o N . Y . S . D . E. C . Yes Other Yes 10 . Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers and conditions of ' sale . (from contract ) . Yes o 11 . Is new construction proposed in the area of contours at 54feet or less as exists? Yes 12 '. If ne.w 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 Yes o the requirements of Ch . 97 of the Town Code? 13 . Please list present use or operations conducted upon the .subject property at this time condominium Units - Residential and proposed ~ I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my- application . Signature- rop r y Owner Authoriz d Agent 3/87 1 k 439.892N NTER NOTtate o Ne York No. as C y Commission Expires J § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of " Southold. [Added 6-5-84 by L.L. No. 6-19841 , WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- --- 85 by L.L.No.6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters,or-lands lying beneath tidal waters, which at mean low tide are covered by tidal water4 to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, 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 f grass, saltworts, sea lavender, tall cordgrass, high bush; cattails, groundsel, marshmallow and low march cordgrass; and/or • (3) All land immediately adjacent to a tidal wetland as defined in Subsection AM and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1. "Freshwater wetlands" as defined in Article 24, Ti- tie 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State f of New York; and (2) All land immediately adjacent to a'"freshwater wet- land,"as defined in Subsection I3(1)and lying with- in seventy-five(75) feet landward of the most land- ® . ward edge of a"freshwater wetland." 9705 2.25-sa MATCH 7 LINE R!!0l00 �h it'''c , '° d ti. FOR PARCEL NO. •°O 0 �''• j -- 0SEE SEC.NO.031 +oe y" •• -06-020.1 b. a 'Oo `4, V. , i ti �•,° �o v >'•.. .-- nl i9 \t° ,\��FT ,•''� A� ,a SEC ftG 40; i�` If ,ra1�o 04.0 1 _ , Ip CIA zo 0. e 7 9 IP -__ 'ti•°,L't,`•'• /,. ° '`41' a �. ,°'' ^'p°Fb d•'� gj. ° \ ry tib •\�°a � •yy \. OP LIP N y p f y ® I P D.65 .... �• CG• / NOyE�' HAM CMAEL BAKER, 'N Y P.E. ....... . / /1 /� •, C dersewr 561 EA�ri� UND o S I•••,u•••'In,•.I I UNLESS DRAWN OTHERWISE, ALL PROPERTIES NOTICE ARE ALE OR WITHIN THE FOLLOWING DISTRICTS: 015iP RUiIONE OC ALTERAORMIONS Of TMC D•. C.m 0 7,10 !EWER AN'/ A SCHOOL SUFFOLR CWN, TA}Y v IS PPOHIBITLO S.bd�.�,Ieo L.I LI•� Nl2 T,000_ _. FIRE 74,31 __ MTDRAMT WITHOUT •,IT,IN PCRuiS310N OF TNF Re�lroed $ LIGHT NL Ae WATER REAL vROPCRIV Te} S[mIC[ A4[uCv Sne.. PARK 63 REFUSE _—� Legend -' Fire Distrito Lin• --F--- Nad'enr D•+rricl line-�M--- ybdl^+i•n Lor N.. l61, ' P'• 4 BT Pro R W Lim Co.nry Lina _ D••d D�.�enu•n b1• Po'ry O' w.o•r Di+rrico Lin° _—.w__.- R•l.+e Dl.nlco Lim_ R--- a11CNAEL BAKER, 1R. De^.r..Cem...n O•ne. Te Lin• ----- O Scd.d Pme. 67'' P,.P•rry. H.Y.P.E.74417 _ L;,hl Diarrico Lim _--L--- BI.,k N.. 17A(d) 1R. C....,H^.[.L•eee. l.bd..i+i-L.I Lne _—__ Yilloq•Line P.rc 1 N.. 73 D<ed Ano D..•eI.+C�� Roch••I•r,Penn•Il..nia ReL.eJ BI«L LTiI ��_— Po•L Di+nic)Line ---P-- 17A - SuLJ..Iu� D',n c,L. __.3- 3„bdi^"'°"BI.c4 N.. (21) CeIC.I•I•d be° - � - �o MATCH LINE 4 FOR PARCEL NO. SEE SIC 00 Git 0,0 o All lb ^ ' ER -^ r IF SE, ALL PROPERTIES NOTICE + = -» � .`.,IPA 65 REFUSE ` Legend 3 ' °~- -~\ ' -- C� soy\ 0 10 o �sos A �I .B, ,I 1 • 9D �.\�,� y \ o O0 4 •�...� l �� ff' ' �'.• \ \ � aJ IS � f � v f 5 � ! Ca )i• �/ CRESCENT BEACH `OV 12 //• 22 4.BA -Q3. N 9 C. 1 1 V 1'•1 T l_J V \ - S BAY 6ARDIN, AOIICE UNLESS DRAWN OIHFRW15E• ALL pworEPTIES DISTROUi.oNE Or ANI eN•'d•w_• W11MIN IHC POLL OWIND 015TRIL 15 r. rA.v • - „(WE9—...._..___.__ �V iH CONDOMINIUM NOTES, -SAME AS UNIT NUMBERS. SCHOOL—:�S---- voRANT_.- -- uoPEwl• i - 1. PARCEL NUMBERS ARE FIRE_ 26��1--'—'--'- pC aL 2.ALL PARCELS (UNITS) OF THIS CONDOMINIUM HOLD --�I Ae WATER -- LIOHT---. wE FUSE COMMON OW NER AS POIMENS ONED.ENTIRE NOT WITHSTANDIING .PARK _-6s_.__---- -- LAND PARCEL UNIT LINES. , BLOCK LINES BUILDING LINES OR cdees ear ,&AC-H • KEY MAP C ' ,� pD Read o3d 50 25 O —"---- Legend 5ld o.lm LA:rb. 1(1 - �aLE IHrCII Hed•mr D•..•..l•n.--H d], OSB OSB.o. O36 (ne 0'1am1 L.w -— Rd.v Dnw.a.4.e _—M Deed D...mvu• .....D..n...L.n. --•--- O x.l.a D�.mm e2'. —� BI«.No. 12AId1 OSB --- Pv.P.n.a.L✓•e __.P.-- 1 Calc.lu.ed 4.A 0° F f L 5' B(L R-40 i� R-80 HD f � a i 0 I rry� / Q 1 0e 4arr R 0 R 80 Ro fi=B -A- EAST i EAST r "<i,? � 'MAROON Gu r'OR L•.3 r a _ R-80 1r , RR t d ] WIIOn �— ly+t oLCE ® �— +, — Q r Marion ® f b R-4 ?1 1 I ;ree^pdr► Horbor i _SOUTHOLD_ fib 1 _ I _ I I BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE Crescent Beach Condominium Assoc. TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER Greg Miller & others 60-67-68th Xoad Ridgewood, New York 11227 SCTM #1000-38. 1-1-5 YOU ARE HEREBY GIVEN NOTICE: 1. Th is e 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] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Crescent Beach Condominium, Maple Lane, East Marion, Town of Southold, New York SCTM# 1000-38 . 1-01-6 3. ','hat the property which is the subject of such Petition is located in the following zoning district: RESIDENTIAL . That by such Petition, the undersigned will request the following relief: GgANTIN,G THE T—L=S OR PATIOS OF UNITS TO BE ENCLOSED WITH GLASS WINDOWS . a. 1 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXVII Section 100-271 (D) [ ] 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&ZC%k- ppear and be heard at such hearing. Dated: Petitiok n Owners ' Names :C Post Office Address WILLIAM U. SUITE 3 CLAUSE CO11IiMONS P.O. BOX 23 , v 52 PROOF OF MAILING OF NOTICE - ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS GREG MILLER & others 60-67-68th Road Ridgewood, New York 11227 SCTM # 1000-38. 1-1-5 Mr. Henry Paulisen & Wife Maple Lane; P.O.Box 152 as trustees East Marion, New .York 11939 SCTM # 1000-38-8-1 Gusmar Realty 1307 37th Avenue Long Island City, New York 11101 SCTM # 1000-35-8-5 . 3 Mr. James P. Kavenaugh P.O.Box 223 Greenport, New York 11944 SCTM # 1000-8-4 . 1 N. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Aad_,:2JV T. .SzL20 ,e' _1 , residing at being duly sworn, deposes and says that.on the _., C day of �iC'�t_ , 19 , deponent mailed a true copy of the Notice set forth on the re- verse side 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 the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at M,'�Au- d,h ; that said Notices were mailed to each of said persons by (certified) email. Sworn to before me,this da of C� . 19 Notary Public WILLIAM D.MOORE Notary Public,State of New York No.4832728 Qualified in Suffolk County Commission Expires January 3 1,1990 (This side does not have to be completed on form transmitted to adjoining property owners.. )