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HomeMy WebLinkAbout5296 ,-a , t(occo .c st- r(--- --ite,wuffolg 4/6- S I.:�t t ,n Saco . QF4 qi (7' 03 too (ALT' Sf-0 g Y S:� �•I�.U3 v, � -,. .. . . .-- . _ ____ � 7r Is ��� S� Mk C�t4il"f c1c k `c: c2,�tj`,'' , cj* e( Off,/ 40 z g/k 6A. PN >„ ;-a - , S• "`�. d n -` .,,-,,i1:;,,,,,, CI' ram X;h �. ?�'L�b`n � } 4 f ..f . -u.si. I r _ - '',. S. APPEALS BOARD MEMBERS 4�����® Southold Town Hall Ruth D. Oliva, Chairwoman ���� R � 4 ��� 53095 Main Road Gerard P Goehringer . P.O. Box 1179 Lydia A. Tortora � ��xr'. T f' P. Y ® �4PrySouthold,NY 11971-0959 Vincent Orlando ®N-reg Tel. (631) 765-1809 James Dinizio, Jr. G� ,En ��,��� Fax(631) 765-9064 . ..•.�S http://southoldtown.northfork.net RECEIVED BOARD OF APPEALS (I:00 TOWN OF SOUTHOLD OCT 1 2 201A FINDINGS, DELIBERATIONS AND DECISION Lola •% OCTOBER 7, 2004 SPECIAL MEETING K Southold Town Cle k ZBA File No. 5296—GERARD H. and CAROLYN SCHULTEIS Property Location: 1640 First Street, New Suffolk; CTM Parcel 117-5-46.3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 12,017 sq. ft. parcel has 84.39 ft. frontage along "Traveled Road" at the end of First Street in New Suffolk. The property fronts along Cutchogue Harbor and is improved with a one-story residence with elevated wood decks and an accessory two-car garage, all as shown on the survey prepared by Stanley J. Isaksen, Jr. dated October 9, 2001. BASIS OF APPLICATION: Building Department's January 2, 2003 Notice of Disapproval, amended April 16, 2003, citing Sections 100-242A and 100-244, in its denial of a building permit to construct an additions and alterations to the existing dwelling. The reasons stated in its denial are that the code requires a rear yard setback of 35 feet, and a proposed new nonconformance or increased degree of nonconformance with regard to the regulations pertaining to such building is not permitted, and that the existing single-family dwelling has a rear yard setback of approximately zero (0) feet, which will be maintained as a result of the proposed construction. The additions are proposed over the existing footprint at +-12.3 feet from the northerly property line (rear yard line). Although the Notice of Disapproval states that the property is zoned R-40 Residential, the zoning map indicates a Marine I zoning designation (rather than R-40 or M-II). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 15, 2004 and September 14, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct two-story addition/alterations to their existing dwelling as shown on the applicant's construction diagram dated 10/7/02, revised 12/26/02. Applicants' October 9, 2001 survey prepared by Stanley J. Isaksen, Jr., L.S. shows the setbacks of the existing one-story dwelling with deck areas at: (a) zero from the northerly bulkhead/property line along Schoolhouse Creek, (b) 18.1 feet from the westerly bulkhead/property line, (c) 48+-feet Page 2—October 7,2004- ZBA File No. 5296—G. and C. Schultheis 117-5-46.3 at New Suffolk from the southerly property line, and (d) +-16 feet from the easterly property line, at its closest points. The additions include the proposed living area, expanded from approximately 1,000 sq. ft. to +-1,600 square feet. Also proposed is a new roof over the existing deck, replacing the plastic roof with wood construction. CONCERNS RAISED: During the public hearings held July 15, 2004 and September 14, 2004, concerns were raised and all testimony was noted as part of the record. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood within 600 ft. radius of the applicant's dwelling consists mainly of buildings with variable nonconforming setbacks. There will be no reduction of the existing nonconforming setback, and the addition will be 12 ft. farther from the rear property line than the existing deck, which is within inches of the rear line. The relief granted is a balance between the necessary part of the maintenance and enjoyment by applicants of their property and nearby marine uses and other properties in this community. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than the relief requested at +-12.3 feet. Without a variance, the additions and alterations would not be possible. To relocate the addition would require filling of adjacent wetland areas, for which other agencies would have jurisdiction, and which variances under Town, County and Federal wetland ordinances have not been issued. In addition, the property is surrounded on three sides by water, and water lines, sanitary system, and bulkhead anchors exist within the underground infrastructure. The garage requires back up and turn around clearances. Parking is required. 3. The relief requested is substantial. The addition is 22.7 feet less than the 35 ft. code requirement. 4. The difficulty has been self-created, since new construction was planned with knowledge of the many different code requirements for a lot with 12,017 sq. ft. of area, containing a dwelling in a nonconforming location. 5. No evidence has been submitted to suggest that a variance in this community will have an adverse impact on the physical or environmental conditions in the neighborhood. With respect to emergency access, the applicant has provided information to show that emergency access is available over a 15 ft. wide right-of-way to the applicant's premises. Yr Page 3—October 7, 2004 ZBA File No. 5296—G. and C. Schultheis 117-5-46.3 at New Suffolk RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Dinizio, and duly carried, to GRANT, the variance as applied for, as shown on applicant's construction diagram dated 10/7/02, revised 12/26/02, and survey confirming existing setbacks prepared by Stanley J. lsaksen, Jr. dated October 9, 2001. Vote of the Board: Ayes: Members Oliva (Chairwoman), Tortora, Orlando, and Dinizio. Nay: Member Goehringer. This Resolution duly adopted (4-1). O. COQ Ilk_ Ruth D. 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N _ _ _ s.; iV/RAILING . _ ,.. . . / ...Liu 16.3' 777 ) ,.._ . - NEW SUFFOLK, TOWN OF SOUTHOLD A STEP \ . r .\..) _ SUFFOLK COUNTY, N. Y. , , . . c'm 6 - \._) V 7—, - • . ‘...J ,,..... • BLUESTONE c.- . • - V SURVEYED FOR: GERARD H. SCHULTI-EIS . 82Z4' DRIVEWAY • 4 J'-' . CAROL YN M. SCHUL THEIS . ' .-- 132 N/F TUTHILL ..... - 1:211 . 2 CAR 0 ' . . . . . . • • n... 'n AVG. EL. =7.5 ••.,. .. ' ' , . . (6$ - T• - GARAGE t.1 Cl • - ..0 _ ..-v . • . , . - "kI SURVEYED 09 OCTOBER, 2001 ‘I) -. . . 9-8' , , . . . . SCALE.1"=„30. . . STONE (0 - VV,_ °COL. , • liNfillill Q) ., . . , N 83- 49 i 7 0 3, CO AREA= 12,017 SF TRA vs w 84.,39P m N/F SCHULTHEIS OR 0.276 ACRES , CM , . - - L E D ROAD - _ . . . , ._ . . _ - ELEVATIONS SHOWN HEREON . . -, - . THIS PARCEL IS FOUND ENTIRELY - ARE IN 1929 NGVD. SOURCE - ' , ..... . .. IN FLOOD ZONE AE-8(EL.8) : • , - - SOURCE: FEMA MAP No. 36/03 C 050IG - • BENCH No. 8 1933 EL. 5.69 VI . _ . - - DATED MAY 4,/998. - . .-,.. '-- -.-P- .-;;- - -..- .. . . . ... (0 - „ • „ . . , . SURVEYED. BY-,"--- • - _, - _ . . . CNI GUARANTEES INDICATED HERE ON SHALL RUN, - - , • _ . , ..,,..„,.....!,.• ..,--; r - -- . - CC; , . . - ONLY TO THE PERSON FOR WW1 THE SURVEY: VV , .--,.. VV - • ., 7M 1000-117-05-46.3 . * 2.3 ,. IS PREPARED. AND ON HIS BEHALF TO THE - -- ' - 77TIE COMPANY, GOVERNMENTAL AGENCY. VV -:- STAAILE .J. . . ' - , ..Y ISAKSEN, JR. LENDING INSTITUTION. IF US7ED HEREON, AND ' P.O. BOX 294 -- - - - n TO THE ASSIGNEES OF THE LENDING INSTITU770N. . 144 .. GUARANTEES ARE NOT TRANSFERABLE TO - - . NE ., SUFFOLK, NY 11956 ' - i< - ADD/TONAL INSTITUTIONS OR SUBSEQUENT ovevan. 6311-734:-5835 ' ' ORCHAR _ . . ..- . 1 / . . L9 STREET cf.) .1 4,0 Ap UNAUTHORIZED ALTERATION OR ADDITION TO THIS . . ,_ _ -- . . .. . ---... ----- - - SURVEY IS A WOLATION OF SECTION 7209 OF - -- - \• FM'. -t_9..P.% --N 0-Af... - CO THE_ NEW TORK STATE EDUCATION LAW. _ r•--------' - ICEAI ED AND- SUFI?YOR- - GUARANTEED TO -- __ . v _ _ .. ........... , _ v , _ COPIES OF THIS SURVEY MAP NOT BEARING NYS L C t.NO. 492/ ' ... 1 t . . i - GERARD H. SCHULTHEIS , , . THE LAND SURVEYORS EMBOSSED SEAL SHALL I • 1 ±2-;, CAROLYN M. SCHULTHEIS . ..• - NOT BE CONSIDERED TO SEA VALID TRUE . .".' •_ -. .. (1%;1 1 • -t.‘" - ' "'Ii---.. 01R1073 - I9NOV0I ADD FIRM DATA- ' .f7-''.•.-"-- '- -' - - ..-- . . . -,.. • _ . . . - . . . . , - . . • -.. _.. - ., . - , . - • . - LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 15, 2004 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, July 15, 2004, at the time noted below (or as soon thereafter as possible): 1:10 pm GERARD SCHULTHEIS #5296. Request for a Variance under Section 100-242A and 100-244 Building Department's January 2, 2003 Notice of Disapproval, amended April 16, 2003, citing Sections 100-242A and 100-244, in its denial of a building permit to construct an , additions and alterations to the existing dwelling. The reasons stated in its denial are that the code requires a rear yard setback of 35 feet, and a proposed new nonconformance or increased degree of nonconformance with regard to the regulations pertaining to such building is not permitted. Location of Property: 1640 First Street, New Suffolk; CTM 117-5-6.3 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: June 28, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN A 0),) /LtvV\Y FORM NO. 3 V1\ kci uj" ( \ ,4v NOTICE OF DISAPPROVAL DATE: January 2, 2003 AMENDED - G. '" , ED TO: Gerard Schultheis 1640 First Street APR 1 6 2003 New Suffolk,NY 11956 Aro eLY 1; Please take notice that your application dated April 16, 2003 ZONING BOARD OF APPEALS Wit For permit to construct additions and alterations to an existing single family dwelling at Location of property 1640 First Street,New Suffolk,NY ,County Tax Map No. 1000 - Section 117 Block 5 Lot 6.3 Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 12,017 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-242A, which states., "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." Therefore, the proposed construction is not permitted pursuant to Article XXVI Section 100-2441 which states that non-conforming lots,measuring_less than 20,000 square feet in total size, require a minimum rear yard setback of 35 feet. The existing single-family dwelling has a rear yard setback of approximately 0 feet,which will be maintained as a result of the proposed construction. Total lot coverage, following the proposed construction, is+/- 14 percent. This 'ermit was amended on A s ril 16 2003 to correct an error. l Alir oriz:'ignatur- CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. Cha �� 2 4 z a 9`Yl r.f l Lr s. Sals- .L.& t o Lb) W , APPLICAIJN TO THE SOUTHOLD TOWN Bim._,RD OF APPEALS a"" For Office Use Only �� Fee:$ lI Filed By: (9 -' '0 Date Assigned/Assignment No. V 0 Office Notes: v\4 9—t "n 1, a; 1�i A _a,.),,,(-12, c- °. Parcel Location: House No. !140 Street Pi r=5--}- S4_ Hamlet NQ►.✓ Sv Mil( SCTM 1000 Section 117 Block 05-Lot(s) 4,3 Lot Size IZJU17 SFZ,one District fr I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: "UGvlva.-� Z , 203 Applicant/Owner(s): -era/ It FC,--,17„,\ M. ScJ1 u I4-L .5 Mailing p p Address: PO 60)k 211 164-o s-s1S` Ne,,)Sof-NL 1J.Y II 956 i Telephone: 63 I--33 4-726's NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,a,chitect,builder,contract vendee, etc. Authorized Representative: Address: Telephone: Please specify who you wish correspondence to be mailed to, from the above listed names: Applicant/Owner(s) ❑ Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED Dete mb4-2 ZOOZ FOR: XBuilding Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XX I V Section 100- 2.44- Subsection Type of Appeal. An Appeal is made for: ` A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code, Article Section ❑ Reversal or Other A prior appeal❑ hasXhas not been made with respect to this property UNDER Appeal No. Year . Styce. 19 97 r 1 $ r / __. Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the HARACTER of the neighborhood or a detrimentto nearby properties, if granted, because: 0►1 So-rprrrvrti� k0 1 5 Gre i..._ s-kri.4s ex C e� po ei 1 J 7— 7^2 (re(. 1 rr,+�ft1 V':z 1..0 •-{o "lo `T'rs)•�Gdr), V&tee-I 117— 4! (,fir a Z. l"rli . Al I wp1 4r*4- 4-o nor OA Cc+civ�„t h ur care 2 s 71,o,,.z�. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the p llicant su to ure, other than an area variance, because: �-lovx. is Co'v,s3rx„4 by �,v4er- d ev k u A 3 S kileS, I (3) The amount of relief requested- is not substantial because: `r 5-r yr 4-6645y-P I1Vy 0. 1A �GVS4` J I 'to to X. 15-004 J„ F-jC1434i ore Its .X I0(/O x,l e. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Evan i 2..poip-Lj .s 6I�'"v34 u I v2 asfur9 hvvJ S7 (5) Has fur/ variance been self-created? ( ) Yes, or pc1No. If not, is the construction existing, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the,�difficulty,in meeting the code equireme ts: (atta h extra shfe_ t as needed) 'The. m i a 4-‘ '' cfrn wPs / So rrot 0 i bit( � c J d ri wry e •c Sd�rv, lJ' U r - -I�r' ay., Gins rac4t. 0 +-L i o / �S ;141,Y Q �,jj bo►ldl t ' Pi4/a,�. q4.-%f• `1 e • This is thMINIMUM tlfbt is necessary nd adegtjte, kind t the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Othe 'se •1-.1.se •roceed to the si•nature and notary area below. P i a - 1").4..„,,, , Signature of A•pe lant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) Co day f . a�vCe.c ..., 200 . Jtf;�EE.S,YRE ' F' giotatyl PubUc,State of New Ye t ( tary Public) No.4948505 Odra hi Suffolk Cou:ety Carareission ExoRes3( O/02 ZBA App 9/30/02 i , ..;_'.1'' . I .+x t kni;! r 'rt' � ., i t a ,--,t4...404.71,••• � f � v'i _azo • r'. �,.:' Y»;'x4 '''t .v+;yy.:a ue..� x r2a'' -.-`'A",, ....14',r,-- A.,y , 7. 4 H� ` . 4.:14 3, COLOR a. -'---- a ,e-,-c. ,;i. """ r''u. r 't'� ° r,,,t,--,,,,*,,,? t •C`.�a'3". t.,.,5(:44.-� . ` .0;',,4:' �'E fi.& ' ,x G 1^G ,. ¢ 1aY;-"'!.x 1 T(Q !J—••LM[� -a q -' tea- •raa*" 6�^ i rH € Yt' h.t.k y'SI r'.t ' U\ + ,"�%-Y f ' SVD F _rr #G4 ,'Y �' { { .i+ .2;yeti tit £ o� ...?0,-- %.,:4,7, yCs'i,42 y�'�'.y% ). ''.1..V.:0;7'1,1''. ..,K.w, ,, TRIM '3/?0..) - • • iiigz ,—r t t t t t Tye_ M. BI.. 2. X 3 p ,� 3,25 1Q 33 Foundation c a Bath Dinette )(tension Z� _ .� FULL - i} Basement CRAWL Floors t�� • SLAB Kit. STYES– I I Kl CO .- 2 e S 3 .50 io og Ext. Walls I Interior Finish L.R. Extension - Fire Place Heat D.R. _15 AtC. VD ate- ZOO Woodstove BR. � t�e,,.� eta ipX�b: ADo ?4. ,U do � Dormer Fin. B. Deck 6 ,(Q=9 , Attic Breezeway =NM MP3 25_ 5O _-. Rooms 1st Floor Garage Co k 2-4 _ 141-11- IIIIIIIIIIIIIIIII Driveway _ Rooms 2nd Floor - 4_- > 22X22= 8 if- 1 ©�' Pool 31347' 1t 4Z 1 'e ki Lbw --H-- UNLESS DRAWN OTHERWISE, ALL PROPERTIES �� -_R-_ ARE WITHIN THE FOLLOWING DISTRICTS, NDTiCE� o=;°`,eAr COUNTYl OF SUFFOLK © K 108 1� 110 TOSH OF rid Lbw -NST-- FIRESCHOOL 9.50 EAtE NT WIND MAINTENANCE,ALTERATION,SALE OR A M;;Red Property y Tax Service Agency E SOUT� wy Liu-_A LICHT 45,46 WATER DISTRIBUTION OF ANY PORTION OF THE p, Y PWrIet _W�.T` PARK 71.50 REFUSE SUFFOLK COUNTY TAX YAP IS PROHIBITED 'w`. ,:AI 't'., County Center Rlverhead,N Y 11901 ' :4" 115 116 in VILLAGE CF a .a�.�y 4y,_ ^ } z YASTE.A1OR tlTxour RRrrrEx PERwssroN of T) •., �- SCALE IN FEET, M +;-Y' t5-�;',,,'--;a.:,yi ,REAL,PROPERTY TAX,SERVICE AOENCYF 80 �° 0 "3, A. as a -,...,7". , -.,P:.li)' :. ..- ;"A< D911P9T)HR�. -L • BAY l a DA7Ee tbv-:3 OAK ; 1 ,,, RD. csD) , SEE SEC.N0.110 d - // y� II tP.�® laxMATCH Z LINE /' // w m FOR PARCEL N0. rW. c II� SEE SEG N0. t 9 8 110-8-034 1.1A(e) g Usa Hs 1.14(c) 00 s TUT ,LL _ 34 %. iiiii 0 So 9 m RD• (so•) u' �_ 1.9A(c) ®20.3) n .4.4300-----on ,p J � O L3A m �/ nzia om 11.5 d .114), 2.3A(c) 4.1 L8A 'alitialio 3 v�(�� vow. I IA(e) - 18.1 O °'_-'t 8 12 Aigt -XL J tiA b' ® ,y 1.iA(e) 5IN& -p°--°n m • �7 WAIF . s 0 � 6 CV iQ 10910e�k se o_ 17.3 17.5 2.6A = tib, a s L2A(G r u m C 3 +rr ,,, ^8.6 s 8.4 Q ppf.;►�d�' O ORCE- tE7.S� m 's - .e ns i '8 C e 'd ab a }oy• 10 3 IQ it 18.4 'm (50') } 24�O 5 0 -4 3 9- 47 8 8.2.. 3 ,� 1.3Afc) a 35 a 9 25 >~ 1.4A1c�. >T 51.1 * 4 04/149 El _ -� L1A ^� 4° .44 C to 182 us F 8Ce 12.1 N „at, 0 19 g 18.6 1.40(C) �: 26 t., , Ap av) 4 Alt •. gA�, o , 14R CUTCHOGUE HARBOR 9 20 3 ^� L1� t a9 ' 29.1 0, W,m9 3.201c) 500:fi ;; .. �a 'ala a: °® _'(CHARLIE'S LA.1 . 9., 47 srJ'od Nage Creek PD 1111 m 9 ffANPDNO) , s 3q W s 30w 2.2A1c1 + *'°° 46.4 46.3 ..:, 1.6A1e) m o, - F s a m s 1.6A(GIN 1.60(c) � 5 3u° m 5 34 g �,1 a 41 9 © a a m' >a 6 C u. m O359Z71® 1507 a ® - ORCHARD i;;;:0 8 �. - 3.4A(c) 60 349260 , . ® lio2or �a21 9 5.21/111111111 ® '�+ OVI lif(,!r 1'`�-- i 23 'a 27 -e~ 1 RD. l50') ^Mruta 30 a S'I 1 Ela _ � - KOURO'S 0. 1� Nse i S 26,E ,u 16.6 19.3 202 T m S 5511fFCIilaOIK a$i r NA ..es " 16.2 n I a D ,,si. V rm.. -am ST. ou l ,1 SEE SEC. N0. 133 °, ®" I g KN0xo. mud 16,. C ��. -\11 231wm �,a' aims 4 s SUFFOLK 18 + N `0 ,n a y.5 ,o° SCHOOL 4r © s 21 s J MIPS - DIST. r® �' O3.SA(c) souTHOLD S6J ■- si 215 II ry 'Z 22 Is m ,b 1'� 5 8 uA 1.4A1e18 s g f- '' y, 33 ,n. '.` 16.4 16.5 Z 3 1111 ,BO: 'ez l50') • m �mLSA ���m1171 32.2 '°b ,n OF w MAIN ST. r r r TOtN SUFFOLK AVE. l50') 100 raw SIP~' 1/SOUTHOLD ,ss ,ro .0. u n' 9 13 a(n ,6.2.11m, ® [ 'UN p 4.1 51 • 7 d 8.1 al' 9 a O h m 15.1a� ME=22.4- N m' 3 +w wo 29A(c) a L 32'u 2.68(c)1 0 „o . 5m c 26 %E..D. 3 1 3.7A(C)cV5.2 a 9n ,°' a 14 3 15.28vim u' $ 6 9 0 tm-711M (50') n b HE ink 57 b ,°° .a 10 m J OLSON E0 F '°' yID 3 r L'i ur Si. �� ,50)I 17 s ,m 1.38(c) w k III :094(c) mC20.5e. 70tNc 6�p� *'Q ,m 3J SOUT�LIOLD6a'� .1�47A(c) 5 F20 I 11 23A(e) 12.4 _ om �°0 C 12.3 mOl 11111„.„,„20.8 3.4 Q y� F.D. n. 41(0 as. w A 88° 51KYiEUNE ,«. 11 GREAT PECONIC BAY SEE SEC.NO.134 _ 'S'YA'1.... -, 117, Mik. COLOR TRIM H.' t '7' RU.. 1111111j 111111MEImmi. lk MUM 44M=FSMINIIIIIiiii -,""1, . v ■■ ■ 11111Milltaillillnlilliall � 1Y -7€1 IWI , i f `rt, 1�t , \ I1 1J . j � ------ ---:-.-2.istuaim, - .....1imirminillimmilm'Hurimillimillial • ' „ allar. i ,a ..� � V, • ��ii 111111 1 r; `'� `ten! ----mw,., •,. It,- - " ° '''-- ".= minium A -riie . ,s ir 1 ! Emma • Rom (12 _. . OIMIIIIIII :___ 1)-- f i���� Eiter►sion ` 2 5'® Z1S) Extension k ✓ . �l� ^ 4 - Extension 5 A2- a o� p • Foundation e g Bath / Dinette ` porch s / t Basement egoAiFloors ,moi v K. Clc d f ` ll ,.Ext, Walls p4 ,,��o tj Interior Finish w� �� r3� LR. .B eway S O Fire Place ti®� Heat ��6 DR. ; , 9 a u �� Rooms 1st Floor BR• Cdr e X �. _; f -- - / Type Roof 'l�gtio Recreation Room Rooms 2nd Floor FIN. B �` , B. OL.-..D Driveway = T �. f4$./, >�y - :-t, ii•. - . • R �� " a - k _ ,. „ .jam,L: - .._...i..$`..:•_.•f�i CY-....�k..,r.4..-- _ a 3 I . C I��/'�'I O,j' • 11- -i5-#60 3 K a TOW. OF - OUTHOLD PROPERTY RECORD'- :CARD 00071/ . -5 -4 3 ti OWNER STREET MM.. VILLAGE DIST. SUB. LOT .. < . / }- 74- A-e-e. f Aie k/ 1(1/f�01/e • , r FORMER OWNERS-d'ch, '�eQ/ NE ACR. . se 0 aAa a /louse C�ece redo.,e, gd. —./_`f/-IL i t LPIIIIIPIII S W TYPE OF : I LDI NG .1' MGl , �6 c _ ... '-e Z../.7-41// at tl� SIC• ..4Zdvlc e� ---- \L1:11 , RES.� � ,-u. Q iiiiiiMINIIIIIRM COMM. CB. L Mr ICS \ Mkt. Value Vc12..._ �. a I 9 k.4 . .‘......A D IMP. TOTAL DATE REMARKS ,Lb .: •. . %Ohl _^ P ' I/ a '0 a ® o 0 7r • -73 '>C ( R .,c, �.0 i et•IN ` td-n '`'1. 2vi,�.,•/! //o. 7; !1 . '' ./LC p' “�s z6 JO v r r r 0 0 /7 3+�.1. F:- 2'.?,/G Z ;Y ,LD 74003tio.v -E. '` ,,,,6„, f..;) 32-0 ' 1 WENN - C ,F/ if 0 f 7 ., _a (( i t cai --a J' a e r.. , 1--- ,r, 7i,1-r;�<( -'i,i7e✓ 83 C 60 3e�©o Z/?0O / ( 4�, 112 Z ( 1 064 i .-17 QE3-3.-re2 / rzet X300 3�©C'3 Go 2.00 ll12_ /O%7n � �� $-C+3 /�o �P. / 0 , � crus 1.1Qcc_eS s:33a.yap_ /, e; 4'Z.5'00 1/ z za . 7 I5GS: t'-pc.: .Ft 4$s-73--6-6 --13 -_ v / ' r �1 14-NG�15 1'4 i-2 o /6 g ♦el. - CO/ y s a . -,'-'%74:10i C� /57'' . - .,,, r IGE BUILDING CONDIT ON . ? o��} ® 9a-Be o?o- D - r Er/ice ,, 2 ki C 4/2-0°'ba)00rb g;%(-1.:. NEW NORMAL BELOW • ABOVE g 1/94_L117079 �'/6 / / 3C06-'5ChPt' 5 4In/1" -r7 SChu/ -N G FARM Acre Value Per Value Acre ■ Tillable ■ FRONTAGE ON WATER j9ai j2 it,: n v Woodland ■ FRONTAGE ON ROAD \ ,\ �) Es= - I 2Z$h Meadowland ■_ DEPTH ?v5 ' ® 21 °° 73,5— House Plot ■ BULKHEAD ��� 1 2,23,E-17.4.1 Cri-; Toil `,. DOCK r F .,. o .ER f �. CREEK ` y �. ► �� HRUSE 199. ` _ ��,r 'to `t: S CH 0 0 GGC� o }�� ��}_ N 87' 371 ` 0" EBU HEAD _ BULKHEAD .„1•+F', EHC GSD ;� 9,��j�1v DJ 11144 4 �Q 41 '10 34,86' �jr����4.4,17 �4i.��.,1:; 8,3* 49' 70, 11,... .F. ," ,��•••'**1 R gi . 4) �C (s/. iLOATiNO DOCK ��►��� L� �����..���.` 82.67 WI ✓ V O. N 25 33 20 W `LI t�.tyi`I 15.20' 1.1 11E3,4 WOOD DECK 1--.: N ill woo 117-0,5-44 - 16 J, w/RAILING , j. All ( 1 wig111111 /I' \ / ('� 0 0 BLUESTONE O � $� +, ORIVfWA?' , g{ . O L . zO ! GARAGE i AVG. EL. a7 50 ,''' �' h• � � rPRo CTPLAN N 83' 4s' yo'' w 84.39' Perm RCOF MouAL R�p�HCMSN(Y)rRA /EL�Q OAD JUwNER: GERARD -Cf}got-YN ScH-ut ff 15 PRf-PAKER: &E12 }Ro' ScHvii+R5 /0/7/oz �`;io. SCTm 1000_Ii7 -O 46,3 AiTvTH-1L TM 1od®aI17-Cam-46.4 APIASS i64Q ( sj sf8F ✓jN c_ N�_ � S =FoLg KY I (� S6 al ,< < _ ` DENc;TeS by , RJdN F Xi S1►vG Foor Pui v r0RCHARD STREETa. 4. N-ovs E / 0 ECk wi IA_ Nor ci)-HNG.-e- NI AXIAluM l'73.-_it vACioN . IF NF:lla9 (/) -Thvske: wit-i- ►3F NO G-Mor cF+/ S x �nf1LL 13 F l• -MAW • c-,7-. FILL 6- . 0 CL�4R WC,- , --- BCHL _)"gi p ` off ffal APPEALS BOARD MEMBERS 1i��p� s ��'pG Southold Town Hall Ruth D. Oliva, Chairwoman _ �� 53095 Main Road Gerard P. Goehrin c c y = P.O. Box 1179 er g Lydia A. Tortora1�� Southold,NY 11971-0959 Vincent Orlando y p�4 , Tel. (631) 765-1809 James Dinizio,Jr. = 2( Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD October 12, 2004 Mr. and Mrs. Gerard H. Schulteis c/o Eric J. Bressler, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: ZBA File No. 5296 - Variance Dear Mr. and Mrs. Schulteis and Mr. Bressler: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its October 7, 2004 Meeting. Please be sure to contact the Building Department (765-1802) regarding the next step in the building and zoning review process. You may want to furnish an extra copy of the enclosed determination when submitting any other documents that may be requested by the Building Department in their final reviews. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 10/12/04 to: Building Department Pro P a S cell e i . 4 s • ,....4 . . . , . . , . . . . •• • w III lief. -• 7.- i . Adlik _ I I li --.-: loll -- t , . . . . Z--sk • 1 - 4' I . .. i ,.. . - _-.. . - - . - L__ 0 0 Lie`(.1 WCS+ • .1a 11 II ` F , 11 t 1 i is .1, 1 .. r ' ,- •. y 4 it • f :tt f i v. ! ' riiiii ..\- ' 3 - ..._...awfij_______,...... i - a - — - . _ o o k, SokA-1, f,s-}. Rod o t o/0 f .. .. pn,(0044 .... ,a .• :. ... .2„ . I 1.. .... c13.• _ . .01110,..... .,. .. ._ ,.._ _ado - ....,. -- ....... ,•‘. , t ..-• ,dis Ili i1 fl I la - 7, 1 = €- - w> `sem ? _ _ s _ ^ ��1 ai ,, lE res.► 0 u'��e- Ftev4..,.' �ok—� S f" �pd�tr 1�zS—`-. Neyv , '"<:-.10P"2 ---- 2 IL I ;z li 1Z IL .../k, ,._ /� - — -f %f ....IN..I ``` Ra.3-ik , + 8044-12e x �� ( ,>,.w� R°41". rte' " R¢�.,At 4( (35 v P )0 Sly. 1-)9)4 1 , b4N c j,d, _ i\4 i-) ZONING BOARD HEARING , ; JULY ° 2004 5 ,..,, Gerard N. & Carolyn M. Schultheis PO BOX 299 New Suffolk, New York 11956 SUMMARY This document contains evidence presented to the Supreme Court-State of New York regarding the Article 78 Proceedings brought by Gerard R &Carolyn M. Schultheis against the Zoning Board of Appeals of the Town of Southold as well information to refute the testimony of Lydia A. Tortora presented to the Court. The information contained here-in addresses item by item every piece of evidence presented by the Town. The following items are addressed: 1) The character of the neighborhood 2) Fire&Emergency access 3) The fallacy of the request being self-created 4) Environmental Concerns 5) Property constraints 6) Request for interpretation of the Code The petitioners come before the Board as citizens of the Town.Mr. Schultheis has spent over 30 years working with governments in the New York Metropolitan area as well as across the country. He is a graduate Civil Engineer who has done graduate work in Soils Engineering.He has served on the Planning Board of the Village of Lloyd Harbor(which has responsibility for both Planning&Zoning).He is a past member of the American PIanning Association. He has participated in the implementation of numerous information processing systems and especially those related to land use and Geographic Information Systems. Mr. Schultheis has served the Town of Southold as a past member of the Police Advisory Committee,is a present member of the Board of Assessment Review and has just been named as a Stakeholder by the Town Board.He was responsible for the study performed for the Town regarding the utilization of Information Processing and Geographic Information Systems in the mid 1990's. When you look at the facts it is difficult to comprehend the reasons for.the Board's actions. The evidence does not support the ruling of the Zoning Board of Appeals. It is especially disturbing to realize the Board has taken a posture that discourages the care of senior citizens by members of their families. Rebuttal to AFFIDAVIT by Lydia A. Tortora dated September 23,2003 which was submitted as the Zoning Board of Appeals response to the Article 78 Proceedings filed by the petitioners. Each of the 17 points raised will be addressed on an individual basis. The material presented in the document attached will supply detailed information to establish the actual facts. Items 1 to 3 merely state facts regarding the position of Lydia Tortora,and the history of the application and local demographics. Item 4 states the property is significantly undersized and nonconforming. This is true but you must realize that the structures were initially built prior to any zoning in the Town. Additions and alterations made during the existence of zoning and other permit requirements all have the necessary and required permits,variances,CO's etc. Review of the evidence submitted will show that the entire neighborhood within a 600'radius of the subject house as well as New Suffolk is nonconforming to the Zoning in place. Item 5 addresses the setbacks. The setbacks are real and exist because either they existed before zoning or because of alterations undertaken which all have the necessary permits and approvals required when they were undertaken. Item 6 states a fact about the requested addition. The addition is all contained within the existing building envelope for which all necessary and required permits and approvals are in place.The additional living space is all contained in the existing building envelope. Item 7 states the Building Department denied the application because the R-40 Zone requires setbacks of at least 35 feet. This in fact is the reason for requesting the variance. None of the other issues raised by the Zoning Board are contained in the Building Departments denial. It must also be noted that the subject property is in the MI Zone and not R-40. Residential construction is an allowable use in the MI Zone. Item 8 addresses the actual application for the variance. The application for the variance was submitted with a cover letter which contained significant amounts of information which address many issues involved in this request. Item 9 indicates the Board denied the application without prejudice. It also appears they denied the application based on testimony referenced which was never brought up at the public hearing,the testimony of two nonresidents of New Suffolk, one of whom initiated a history of contentious relationships with both the petitioners and the previous owners of the property,and the complete lack of understanding the characteristic of the neighborhood. Item 10 addresses the issue of the area of living area added and the setback.Again it must be stressed that the lot coverage remains at 14%which is less than the required • 20%in the R-40 Zone(the coverage could be brought to 8%by combining with Lot 44).In other variances granted in the area the lot coverage was the basis for the decision and the setbacks which were worst than the subject property were never addressed. This is selective and non consistent interpretation. Item 11 addresses the character of the area and the detriment to nearby properties. EVERY WATERFRONT BUILDING (RESIDENTIAL & COMMERCIAL) WITHIN 3000 FEET TO THE SOUTH OF THE SUBJECT PROPERTY AS WELL AS THE 4 WATERFRONT LOTS TO THE NORTH ARE NONCONFORMING FOR REASONS SUCH AS SETBACKS AND LOT COVERAGE!In addition all of the surrounding interior lots are nonconforming as well. The material contained in the document submitted contains much evidence regarding the issues of character of the area, detriment to nearby properties and the pristine aspect of the inlet. Item 12 addresses the issue of emergency access.There was no testimony presented at the Public Hearing on this subject If you look at the Town Code it requires 15' of clearance for emergency access. The ROW to the house is straight and 29' wide. If you measure from significant items in the ROW(poles,large trees,etc.)there is no point where there is less than 15' of clearance.If necessary the ROW can be cleared to,achieve a total of 29' of clearance that would be available. In addition the Cutchogue Fire Department was consulted on this issue and they indicated they would have no problem accessing the property. IT IS ESPECIALLY DISTURBING TO REALIZE THAT THE BOARD HAS TAKEN A POSTURE THAT DISCOURAGES THE CARE OF SENIOR CITIZENS BY MEMBERS OF THEIR FAMILIES AT THEIR HOMES. Item 14 addresses the issue of the stability of the bulk heading.Again this concern was brought up at the public hearing and was addressed at the hearing. The additional weight will have no effect on the bulkhead because when the addition was added to the house in 1988 a new foundation was added to the north side as well as portions of the west and east sides contiguous to the north side that achieves the effect of applying the weight of the house to a lower level that will not place any stress on the bulkhead. The footing under this new foundation was also made wider to reduce the weight per square foot transmitted to the surface it rests upon. In addition when the bulkhead was built the design was based on the"Design of Pressure-Treated Wood Bulkheads"by James S. Graham of ASCE(American Society of Civil Engineers). Every member used in the construction of the bulkhead was larger than the requirement. For example based on the Moment of Inertia of the 3"thick sheeting used it is 225%stronger than the 2"thick sheeting required by the design. When you realize the foundation is designed to not transmit any load to the bulkhead the increased strength of the bulkhead on further insures the security of the structure. In item 15 the issue of other feasible,less intrusive method of construction is addressed. The attached document addresses the constraints of the site which preclude the suggestion as a viable alternative.THE FALACY OF THIS APPROACH IS THAT IT DOES NOTHING TO CHANGE THE EXISTING SETBACKS WHICH WAS THE PRIMARY REASON STATED FOR THE REJECTION OF THE REQUEST OF THE VARIANCE. Item 16 addresses the issue of seeking an interpretation of the code.In fact both the cover letter submitted with the application and the testimony at the Public Hearing asked for this interpretation. The request was clearly ignored. As far as Item 17 is concerned it is obvious that the denial of the variance was done with prejudice when you review the facts,was not rational but appears to be more emotional based on the testimony of two non residents of the area, lacks the presence of any evidence and should be changed. CHARACTERISTIC OF THE NEIGHBORHOOD Aerial Photo of Area Zoning Map Neighborhood Sentiment Petition Neighborhood Demographics Pristine Nature of Schoolhouse Creek Close by Waterfront Residences • AERIAL PHOTO- shows the aerial view of the immediate neighborhood along with the tax map superimposed. The information comes from the preparation of the digitization of the Suffolk County Tax Map. It helps to visualize the relationship of the subject property to the surrounding neighborhood. It can be seen that the subject property stands by itself at the entrance to Schoolhouse Creek. It is completely surrounded by water and uninhabited land. s a 2• • '16 + 1Yg J : ... :11.1441' 140,4_,,, aigkii , . ,,,,,,,,,„ ,,,,,i, ly:,410, ,,, ...-...„ . ,..,...„ ,c,...., ., owl iiiiiii.„, 4 . •-'..,..„.,.-.: r \....,......___,,,, '''''aiii--. ,, '''''''''W:4:::\'N4.61 ,, 7 : . . . . j( 111 ¢ `ff tl 7 ,,' / , , « 1 1/ 4. r {J L {q \ , .iii . ,c , . -„, C 1 .. „+tar: + -_ Mme» .. vitl•ic ii• \ r . • -- _ 00,E ' ? twM ILL S ctpMrs, , -4-1111 :/ ��t C v\ 1150 �' S OA ' . ' iii4;.:. .."\ ...,,, ilk 4. 80 325 985 ma , if51`5 , F . . ► +r . _ 1 , • 1230 tilli witg a- —02 t„). : ," .. ,..,,_,) _ . , .. tip ' ..:, 1200. tt r 0 A _ _.._._... • p _ ' ,q, X1001 aim .4k3.1. iIS 1.1 10. ZONING MAP- shows the portion of the Zoning Map for the neighborhood as it exists on the wall in Town Hall. Note that the subject property is in the MI Zone and all surrounding residences are in the R-40 Zone. Also note that every residential parcel in the immediate neighborhood is NON-CONFORMING to the R-40 Zoning. Every parcel contains less than 40,000 square feet. The entire character of the neighborhood is non-conforming. r • r r y y ‘ '11111411111111111104044000001\ ......44. , A ,:lito- ir y f i /""�+ - IS •41. . • ''•-4, , i., &tt ,,, •, 0 ,,...,:idt . , 1: _ 1 4_, °4'***2,‘, ltr r .s v 6S 7 Ea- 411110 s,it*41� ,1/22 _. a .411111/PIP• , r**'' illiV t .* / 1 el -0 IFW - . M '" T Z 0 M /4 P F k 0M W A LL .TAi TO kJ/i/ ,4-LL NEIGHBORHOOD SENTIMENT- the immediate neighbors who live in the neighborhood were presented with a petition whereby they could voice their sentiment regarding the Zoning's Board determination that the relief requested would produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 100% of those presented with the petition disagreed with the Board's ruling regarding the issues of undesirable change in the character of the neighborhood or being a detriment to nearby properties. Each homeowner was shown representations of what the house looks like at present as well as what it might look like after the additions. A plan of the construction was also shown. A map of the location of the residents homes who signed the petition as well as a copy of the petition is included. It is worthy to note that the two people who objected to the request for the variance at the public hearing are business associates who do not live in the neighborhood. One lives in Greenport and the other in Mattituck. ‘. ' 1 ' 's ir tt.111"''% . 1.'".•"i 41W4W;-",ti,i4Whikiii*.1'.-1.0,..4kl. ,,,'A,41.4 v,-..e, • - . -...--:1 0c.j.,4:11e i 4"*"•: "'kill 04 ,. :.):::,,t i 7.,' ( `:"‘,"Zvel,r,,.:F,sik.,..."1:: .. A*:r.'.'"':.1. " fl• '-'. '''-''''“"'4:4. '''''''' ' -':...:'" .,,.., ...,I :,...,,:* its'1,"‘•:"•ir 1‘,1: !,,';''.c I L ,, `i'146/ 1 ft. ' .‘ ' ..''.t.''•'.., , ,i ...4 2%i' .'' 1,, . r 1,i. ; 44(.,s.:,F0 t.,,. .y ., ".,'!, 1 y‘-'1•:'•• '•',• .. . ' g - : ... . I', pl: ';,• tiveyr4 tttts1 .h. ;1.. vc;. .L, i,' P. is 4;-..• , • . t . ' '"-,'' •': ;Vi‘i.:•‘..t..'.$.ip:;:v ,.... 2 • .. ' '4,' to , ,b „ • ...:•• f, • . - . .,'.' 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Jerry&Cali Schultheis PO Box 299, 1640 First Street New Suffolk, NY 11956-0299 Gal-734-7265 schu1270attplobaLnet October 3,2003 To our New Suffolk Neighbors: • We recently requested from the Town of Southold Board of Zoning Appeals a variance to add a partial second itoor to our house at 1640 First Street At present,our house has a Me over 1000 square feet with only one bedroom. Our intent was to add approximately 500 square feet for additional bedrooms over a portion of the house. The Zoning Board indicated in their decision that the addition requested"would be out of character for the area and a detriment to nearby properties°.We do not believe that this is a fair assessment of the • project and respectfully request that you share your thoughts with us. If you agree with us that this project would not be out of character for the area and a detriment to nearby properties,we would appreciate your support by signing below.THANK YOU. NAME Akio 041 Ate- ADDRESS $Sj >17 e • , NAME �--tc�- r ADDRESS %Sj).nit S i i ;:)(747 NAME 4-1 n / n ADDRESS S 0(7 ` NAME f?A ADDRESS 7-29.7-ii .Z 'rte `V l ((, { ; P. / GYM/ /4 NAME tsr7``11 - • tor �• Y ss-0 '�7 ADDRVSS 6 SI- +- • NAME (<<�i ��' 1,7 iE.(('.t'- .� ADDRESS `-�L'Z l- -- % ,C i �.L � t / /gip NAME L Af-471:1(40(_2ADDRESS / • / � m Xi . N v L JGf� NAME c� ti �� tie. • ADDRESS -�C=1, t' • Page 2 October 3,2003 NAME///1/....42., `/i4 f _ . � ffy ADDRESS } (.7 torr {J7r% ' F 1 'I NAME • J ;` ADDRESS NAME • ADDRESS NAME ADDRESS • NAME • ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS • NAME :sY ADDRESS • • 'a; :ag NAME ADDRESS =" 'w NAME ADDRESS • Jerry&Cali Schultheis PO Box 299, 1640 First Street New Suffolk, NY 11956-0299 631-734-7265 schu127t)attgtobaf net July 8,2004 To our New Suffolk Neighbors: . We recently requested from the Town of Southold Board of Zoning Appeals a variance to add a partial second floor to our house at 1640 First Street.At present, our house has a little over 1000 square feet with only one bedroom. Our intent was to add approximately 500 square feet for additional bedrooms over a portion of the house. The Zoning Board indicated in their decision that the addition requested°would be out of character for the area and a detriment to nearby properties'.We do not believe that this is a fair assessment of the project and respectfully request that you share your thoughts with us. If you agree with us that this project would not be out of character for the area and a detriment to nearby properties,we would appreciate your support by signing below.THANK YOU. VNAME / - 1 & &-katail 0.-1.(4 ADDRESS 111 , &i f S ' , l.(} figti .. /ifll f NAME f /�� �„ ADDRESS I / S F25'� 5� AmAi 5 j& 'zici - NAME jt J Va,T tti DI-S 05n.n, -tv i t" ADDRESS //'ti-c, OA 173 164P-800--- r /l'..4c)��iy�11L NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NEIGHBORHOOD DEMOGRAPHICS-photos of all homes in the immediate neighborhood (600' radius of subject property) are shown. A map identifies multi-story homes, single-story homes, vacant land and parcels Zoned MI. All of the homes identified in the R-40 Zone are non-conforming to the area requirements and most to the setback requirements of the Zoning. Other non-Conforming uses are recorded below the pictures. A review of variances applied for and granted in the neighborhood will show a high percentage of applications due to the non-conformity of the area. The entire neighborhood is clearly non-conforming. In order to conform you would have to non-conform! CD tO 14e a ' �...,,.. op F. 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' 4 .,,... .4 • .,-- -•••••,;.;,..—.. . ......- ' . 4- i. ; 40...7.4. -, ir..‘ ,'4,- "; .1` ...."7 7''''''' .-• •Z- .- 7---- -'-• ".---' i 000 117- 3 -10 7/7 PRISTINE ASPECT OF NEIGHBORHOOD-the Zoning Board in their AFFIDAVIT indicated the project would "adversely impact the view and pristine aspect of a very beautiful inlet". Testimony given by Phil Loria at the public hearing said "I'd like to commend Mr. & Mrs. Schultheis they have a beautiful home they have done a great job and they keep it up well." This was the only testimony that could be found regarding this issue and it does not support the position taken by the Board. Quite to the contrary it is worthy to note the conditions that Larry Tuthill maintains on the properties he is responsible for maintaining (by ownership or as an estate trustee) on Schoolhouse Creek (Tax Map Parcels 1000-117-5 Lots 46.4,47, 50 and 14.2). The only way to describe them is a JUNK YARD. To support this view pictures of conditions of his property are included. The question that needs to be answered is: If the Zoning Board is concerned about the "pristine aspect of a very beautiful inlet" how can they give any consideration to Mr. Tuthills testimony at the Public Hearing? It is encouraging to realize that with the Board's concern with the pristine aspect of the area they clearly are opposed to the deplorable conditions maintained by Mr. Tuthill. The Board can be assured that as per Mr. Loria's testimony that we are committed to maintaining a presentable entrance to the creek and are committed to insuring it is returned to a pristine condition. , ,,, ...... ,.... 0 , .,-- il . i.mtja" ii; i . +, ., .. , , , I. ' : ..ilk1 1 ' 0 -• i , . . . AP \ 4 1 P,' kt • -. r . ; , . . • , .4 ,1 \,„ . lir IVO * . , , . q1i111' ' ,' , - • , .„,,. , . 1 1 • 1 • :1 . • i% .' 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' 414111.,ti ._ • Ir • T tr��. -.siW .f' r Ter wM, , r'� e • s.+a •, • 'iI+n s t CJo �k l..vvnb4cr DO3cr��Os ./ ' IP'4':•', . 1 k Situ 1:_, "010.1:' s ' 1 '.,. I� rf'�'!! � 1 }: Mr. i / MI.T�,-�A.,,,,. -. "ll iI Qy 1' �V,, di t • �j 01, r 1 (11}ll 1 }! > d � �� M � • I 'Q�' -00Ry,il/ j1 !^t h 'fY e t4. d ,a, _'.k*...,., V � Y ,ty : C r�,lA p , t?...,, :i,r' ••,or -', . .i i11 ..,.- .d^ ' '1' i .+r�" -I^^ •a, wi�►s.w. — .. 111 "II 1..' y�.'4 1 �}r` r a r �S`v, /j.. : 1 G 1 r�k a �.. ,'J o 4° y 1` 11'�1 11 1d 1 y; , t7 , �, 4,.,,„.*. A . Nriel,,,,411111atri, . !. F .a r iv',, 4y Y.. a it.,4",•-•"., c. . l' P t1" �,r ,{ S ,Y. «, 4. 1� .`�e • . - _ "k ..,,ifn Y^'r1' ,'q s f'#'.,...,'"I';' : 1 s .... 91• N;. :• ,,A • • .. .. •_ .. �. ,a•T<. _ a ,' • -.•n ►: r ... f, ram otikr_ .. , ,,_Y 'd�ocK Scr �OS J �1�1;;�5 S�fvr°� '�"o r' CLOSE BY WATERFRONT HOMES-if you were to travel along the waterfront to the south and north and look at the closest waterfront homes, you would experience situations which are contrary to the Board's decision. If you go four homes to the north you will find a cottage built right on the beach. Go to the next two homes on the water to the south and you will find a home with ifs edge on the bulkhead which was recently granted a variance to increase it's lot coverage to 24% and a house with a lot coverage of 35%.Go to the next house to the south and west and you will find a house that was given a variance to increase it's lot coverage to over 20%. The seventh closest home to the south and west has been torn down and the owners are living over the recently constructed garage with second floor. For the two homes that were granted variances it is interesting to read from the rulings. They say: 1) "balance between the necessary part of the maintenance and enjoyment by applicants of their property" 2) "the area variance is not substantial" 3) "Since the total area around said parcel contains all substandard lots......there will be no adverse effect to physical or environmental conditions of the neighborhood" 4) "the board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefits of their dwelling" 5) "The proposed expansion will significantly improve living conditions" 6) "Because the property is bounded by water on the north and east it does not appear seriously crowded" 7) "is the minimum action necessary and adequate to enable applicant to enjoy the benefits of a more livable house" THE BOARD IS SELECTIVLY APPLYING STANDARDS! 1 FOR FARCE , . atplAir- 141.117 Z 1.116A.t1c) ..,,, $111116, te - SEE SEC. AI. 01 ii . 116.•03-Ool Cots' N r-444,11 1,11111016* 2,ex tzi r II .. ‘./... 3 '.. / / 9 ....9, "i 1/ , 1.i27Ae1 a as 8,,, '4 ( * 10 41;:r 4'ARUM mai ,.. `,",', r'J),, 46e 4, ORGE 1E151E) ? ® ' ' 12.0e, ''‘IIIP6161 18.8 ''' 13 I iletbas... g 18.2 g t 34 8 2 WA° 41 Ali.., , 12:1 Altilb... r 0, I 1.4Alo1 to , Mg r 21 'ut. • , Itilii,\ ...,..... alp., 144 1Wg CUTCHOGUE HARBOR is ri sh XXIM; e-, 20 a 29.::ce ' 4 . '4' ' •SV:1/1115,..,...... ,,' 111112,,11:11 • 113.4ttel \):4 7r4.2,...,.,v. _et *got MOW , & , „ ,„„„.,..... ,-, 2 44", . 0 Al II0 04 tr I 180 , Al Se1:01 Howe Cm,' ',:: ; i '-----1 s- zi-- pref ,47 g 4 9 ?.,32 is , . „bait" . GPie 1. 'FANNING) 8 15 ." 'E wo t'1; V ' F1SFEW „. g 1 ,,per 0 54 t 111 , . 1161‘ I li 4:' CIOScsi- Re-31JA-4`1-1'a 1.61.30 3,5 r 40 tr) 11"M"I 4'..t•"-lima'* Cilia 14 MI'' •1 **43 . hit Pro,,,toil-5 0 0 dig 1111 II 3tlig11 ki Ilirlfi i 40 arc 23111% Ili I ‘,.. W 6"4et' 1,. , ,50, t v vori 114, RI i til 3i4:056 Will"' SEE SEC. NO. 133 KOURW'S . .. HEW c oi. t ila ..tyari "" . , 20.2E i t 20 1, 2. V16061. -Ern. - ''' miwiri '— ....._., i ''' 16.2 16.6 1111 IP - 01 Li.. 1 ON Ila 1 t 111% 'r " t72a3p,\*. PICTV . r5 /PIACI+ D ' 2,1Alol 5. " INI .rsin op svo, . iiii „,,s, ,,.iu . islc, ® 22 it• 1101 ' 1. R 8 ormigN- M.') 8 . 1 0 t6.5 ST. 0 SOO E , lisoutO01.0 . .216144"4 % I '2 2 ft gi WO ii r, 144 SIRS CO 26.5.VI tit worr: NEW SUFFOLK AVE. 131C 24 a II\ ''s s II Ito ® i "3 Arillaitif 26 C. 13W11 / 32 I am \k--- 2.6kto , t 15.2 .---- .." . =Ilt" • N 2.94(0 " r g vict -------C\ 2 1.7Aft1 - ' o ,11 1,1,1 jo,csoK 1151449 I.1.7cv 0. , /0 1 s , JAct 004 . 1 .1 Illi,t I. 1501 0 1 ' •J'I:* ,20.1 8 3, soul" 1 14(c) I.MC) 11 5 3, t2.I A c1 1.6844t) 2.09A(1 4 2 . m II% . -----------... 12.3 .4 '..!.:/ 1.1Aeci F.011 C LOSE WATEk H 0 kfr '---.••••..........„...,..s.... P .. I A i.r. HO••..".-...-.. .fs,o, • 1 „, V4 •,'''-.7...:...:::.-^.-/' .,.....,. r.--r-....l.r-• • ,,.'-'). .'..''' ' BAY lc;es i 0... A)cp- 5 - - PECONIC GREAT g a sEg SEC.RO.134 r. ,., - ..'....- '''''''''''''"" -- -''''--- ''''''''' ' ,` A,r.'... " rt:E'"`'''''rc,",_,...",',t `T,'-`1NoTcE © COUNTY OF SUFFOLK x E 100,..,,,t...110//". SOU i HOL D ,4 WM.Om -..--r,P---.-r P•4100 r•st•<1 Ont --°- 0-- yr, , ,,__,,. *0 0101.11ENAN‘g.01,TEAr0,,jfIg 01,,,, Pool P,oper i y 1 ox Service Agency Y .......,- ct,C00014 V.10002 0, -27---,,,Ilifilr.""`z,,,,,=,:',6;ziccasatartille-7,-- 0 • f s ...a"'" 4 ti " ."'r, a -.4 / IF .�� L ... • • ;,), .....: , .. r-�snil° - , 7 •• ... _.. ! "_ ri -Ire*, ___ , . .1 .- ''11 . VJA't'Q.r -f-0 s0,,+t, r 3 r c.10 -,-+. .se on wc.4w- --i-v s O v44-,cI03.4�- Vane,^ce c- roan 4•r 26%, Let- Cdv -�a. ,Zod Cdver�" 2).d cioJei — Lv-i-c_Cvercie- 3S% f ...g 10/n : : , , 1 4,,;. • .. . .eery... _ . . .. . , itHI p� . „,. - , ...pi.: • . ... _ . , , • ...,. ...,..0,17; , . . V ri • -"Illin ."--"1"110: A-. . iiimiallifooiv.0 'at '. -----..411Limow___.:11111111111. - --. ,ice" G-v .-� :_ r - _ _ - .. 7 A losz.s-I• i+.4/A. , on VV - So...4,v 444NC NSA- i - o' i\Ja-{e-r --4p NO iQQb, ,d, on 6 ► �lv�.:b Over C � COpl ga V0,11• /10 U�_ 1.)41-%1+ tl� b . J APPEALS BOARD MEMBERS - - `` ,,``;� �'` ' -- Solithold1oWn.H 1- _ Gerard'P.G�ochringer,chairman =-;;-Vit i4 53093A+faii%Ro�d James IJiinizia,Ir. 1-� 4�i' P.O.Box 1179• Lydia A.Tortora - 0 , G,.,'� :;?- : ,' Southold;New York 41971 Lora S.Collins - � *e--"?..-- 4�,� ZBA Fax(516)765-9064 George Homing =..i - ,. �', - Thlephone(516)765-1809 BOARD OF APPEALS TOWN-OF SOUTFIOLD - - FINDINGS,DELIBERATIONS AND DETERMINATION .. MEETING OF DECEMBER 14,1999 AppL No.-4755-ERWAROME ZEL - • - STREE.8i-LOCATION: 30SecondStreet;New Suffolk - 1000-117-1Q-20-4 _ DATE OF PUBLIC HEARING:-October 14,1999:November 19,1999 FINDINGS OF FACT PROPERTY FACTS/DESCOTION:•The applicant's property consists of 5,450 sq,ft in area with 100 ft'frontage along the-west side of Second•Street,New Suffolk The.property is•improved with -- - a one-story collage as shown-cit the Survey'map prepared by Peconic Surveyors, P.C. and • updated March 18;1999. . - • BASIS OF APPLICATION:Building-inspector'sAugust 25,1999 Notice of Disapproval which-states that the application for a-building permit to"construct a 2nd,story addition and porch addition" encroaches on the.rear yard setback- Under Article XXWV, Section 100-244 nonconforming lots require thirty$iive(35)feet for a rear yard setback and lot coverage is limited to 20%. • AREA VARIANCE RELIEF REQUESTED: By application for a building permit dated July 6,1999, applicant is requesting a seavrid story addition-and porch addition which reduces the rear yard - setback'fmm-3Ofeet to,23+-feet,end increases lot-coverage to 31+-sq.ft-over the 20%limitation. Applicant is also requesting that the Board rescind Conditions under former App.No. 1597 which restrict the property-to'seasonal use as a cottage. - . REASONS:FOR BOARD ACTION:-DESCRIBED.BEL(YN Based on the testimony and record . before is�iid and personal insptetiah;the Boaid makes the following findings: - 1.-7he'p _rcentagec¢-iot cover age requested pill not negatively impact the surrounding-properties •because.in.is a-balance_be ween-the_.necessary part of the maintenance and enjoyment by-- • "applicantscam`-their-property and the general community-which is a seasonal community. - 2 Since.the lot.in question is significantly substandard, any specific alteration of seasonal dwelling would require*variance, 3. The area,variance is-not substantial and the Board concurs that regular maintenance and jupdating of the-seasonal dwelling.vould require a minimum variance as applied for(lot coverage - for porch and roof aiteration-exoansionfsecond-story'addition1. - I 4:--Since-the total-area around said pard contains all Substandard lots and applicant is not r • :expanding.toward ccfrimunity resort .area them awli be no adverse effect to physical or -.environmental conditions of therieighborhocd: -- i - 5.- In considering this-application.-the Board deems this action to be the minimum necessary arid . .� —_ate _ ..__._.___ - �_._ �.� ._,_ • 'Page 2 December-1.44999--:":"•,„--:1 -..... f;? . IBA:Awl:No.4749-Edward Wetzel - - Pastel 1.000-117-10-20:4 . " • - • - - . - - . . . P - - . . . . . • _ . . - - - . . . _ . . decfnate.,to...Ortp,ble.tree applicants to_enjoy A;r4e,b,erteftt.of Ineir,-dgiellingi,white,Keqepting . protecting the character of the nethborhOod andit17.4.-„*Ith,-._e4fe.ty.,:ord welfere-atite corrinjuriity-:, .... ..,- .. - . . . • . .. - RESOLUTION/ACTION:On MOtiOnbyttiember Dinizio.seconded by Member Collins.it was RESOLVED,to DENY the applicant's request for removal of the prior conditions rendered by the Board of Appeals;and BE IT FURTHER • RESOLVED,to APPROVE the lot coverage variance for a second-story alteration-addition, as applied for. _ . - 'VOTE.OF THE BOARD: AYES: MembersP,o, ehringm Binizio,.Collina and HorningiMernber '. : TOrteire Was abientir Thit Re'eolution Wras-del ) ,.. Y ad . = : : •. • - r..-- .— --' / ..,--•" ,.{.... , fted13 /-- . ._ .."/GERARDP.GOEHRINGEft 1. . - . - CHAIRMAN . ._ . . . • . • - • Approve for-Filing - - . . - . - . . . - . . . I . - - - !.. D.Tger4.1:CTED ANT,- FIT ED BY . . i - --_-- • . - - I • . I TEE .:11.1C.:.2---i Y-ZiVai Cf..7-it-i. - - . . . ..4114,,--p- - ---- - • - . 1 .!. ' 1:;C:::1. . • I JAJ1719-ir .1.00,11414 -• • f • - • , - •*. - 1 • Tov:en-Chirk: TCIVII of. 40-41-0.1d. . . . _ . . . . . - . . . . . - - . . - • . ..-. • . • .. _ . ... .. _. _ ... . . . . . _ .... __ . .... .... • - - .. • . - . . . . .. _ _•,_ • - . . „. --... --- . - . . • . . . . . - . . • ......... , .-,,,,„ r' -. .. . .. • APPEALS BOARD MEMBERS ,%SAYt' • Southold Town Hall Gerard R Goehringer,Ctiaiiman - 53095 Main Road - • James Dinizio,Jr. P.O_Box 1179 Lydia A.Tortora `4' Southold,New York 11971 Lora S.Collins - ?'�, $p•�,.' ZBA Fax(631)765-9064 George Homing 1* .i' . • Telephone(631)765-1809 BOARD OF APPEALS '. • • TOWN-OF SOUTHOLD • FINDINGS.DELIBERATIONS AND DEi L-t211AtidATIOM • MEETING OF JUNE 8,2000: :Apel;No A821-ELAINE,ROMAGNOLI; Tt is s a request ,a-V�nce"i Oder Article XXIV,Section 100-242A:based:on the:Bu tiling_lnspe tar's)play _request Notice:Qfi pproival which,states."that the addition;fo•dweWaig has an existing nonconforming lot-coveragaiiiit an increase in•the noriconformance or degree:ofnonconformance is being created_ . - • • Location of Applcanrs Property_1230 Fast Street,New.SuffolG.-1000-1.17,.?29, Date and Plaoof Ptibltc Hearing June 8,2000; Southold Town Hall,.Main Road,Southold FINDINGS OF FACT - BASIS OF APPEAL: Building-Inspector's amended-Notice of Disapproval, dated May.9,-2000, denying a permit to construct a 5 x 12 foot addition to the house for the reason that-this would increase lot coverage-fn*n 24.67%te-26.67%. The allowable coverage under Code section 100- 244 is 20%_ RELIEF-REQUESTED: -Applicant requests a variance-authorizing a 5 x 12 foot addition at the southwest front corner of the house,bringing lot coverage to 20:67%. REASONS•FOR:BOARD ACTION._DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection,the Board makes the following findings: (1) The;lotgre_asrrresiinly_3000iq t,and the existing house is very small, shown on a survey dated.January 18-,-20-00 at-7-65,4.ft Testimony at the hearing on June 8 indicated that the • south-side"pop-out-is 7.5 sq.ft larger than shown-on the survey,•makIng the house 712.5 sq.ft. (2) The Building Inspector's Notice of Disapproval states that current lot coverage is 24.67%;however,a-house measurement of 7125 sq.ft results in coverage of 23.75%. In either case,coverage exceeds the,allovvable=2O%and any expansion therefore requires a variance. _(3) The proposed expansion is only 60 sq.ft. but according to applicant will significantly -:1 nproveAving'"conditions. Because the lot is only 3006 sq. ft, the expansion adds 2% to lot coverage. (4) This Board is generally reluctant to permit lot coverage on the scale proposed by applicant However,the-proposed addition merely els in the-southwest front comer of the-house and own& increase its bulk. Because the property is bounded by.water on the north and east,it does not apoeer-scriously crowded despite the high degree of lot coverage. For these reasons,-grant of the requested variance will not"produce an undesirable change in the character of-the neighborhood-or-detriment to nearby properties. , • Page 2-AppI.No.4821 • 1000-117,r74,420(Romagnoli) • 413- June 8,2iitii)ZBADecision . • „ fa' _ . (5),.There 1a 06evidanQathat,draMetthe re_*.meteil...Varjanbe,Volt_p-avo n a4y.'61s_EiTelf#t or impact on.AblisiCator:enviioninentai-cionditions. (6) --,,G*t'of-the.requee.ted variance 1e:the:.minitnurn:action:Degeseary and-eOequate to enable applicant:16'01110y the benefite76f-a'More livable hbuse--v,thile_preserving-andprotecting the character ofthepeighoarhOod-and the health,tafety:andl,velfare ofthä cornrnunity •- RESOLUT1ON/ACTION: On motion by Member Collins,seconded by Member Fleming.it was RESOLVED,to GRANT the variance as applied for. VOTE OF THE BOARD: Ayes: Ggehringer, Dinizio,Torte oming, Collins. This Resolution was duly ADOPTED(5-0). • •or * * . • ERARD P.GOEHRIN R,CH -MAN • • • RECEIVED AND FILED BY - • • . THE SOUTHOLD TOWN CLERK • • . :DA r St Iglea • CP:461.1 • - • H. If •/ • • Town Clerk: TMITI1 of '.3outhold • - - - . • • • • • . . • • • • • - - 414 1/44kt• 7-tr. FIRE & EMERGENCY ACCESS- this subject was never raised at the public hearing but showed up as an issue to deny the application. We feel that it was reprehensible for Lydia Tortora to indicate that if we had our aging mothers live with us in the additional living area requested we would increase the demand for emergency vehicles and create an unacceptable safety risk. The question that needs to be asked is: Is the Zoning Board telling the citizens of the town that when they mature and need assistance that they had better move out of Town so we won't need emergency services for our senior citizens? In order to address the issue of emergency access one must look at the Town Code. The code requires fifteen feet of clearance. The ROW to the house is 29' wide and along the entire length there is a minimum of 15' of clearance. The ROW is over land owned by Mr. Tuthill. The Cutchogue Fire Department was consulted on this issue and both Commissioner Kull and Chief Brewer indicated they would have no problems in providing emergency service. The section of the Town Code, a picture of the access to the home and the letter to the Cutchogue Fire Department is included. it produce an undesirable change in the character of the neighborhood and a detriment to nearby properties by adversely impacting the view and pristine aspect of a very beautiful inlet. 12. The Board also determined that the house presently maintains no suitable access for fire and emergency vehicles. The additional living space requested by the petitioners exacerbates this problem. ;In fast„the=peiit oners_explained that'they Wanted their-aging'inothers ;;to-move:into the new portion ofthe_house: The Beard felt-that an_incfeasein the_potential number,of people;liv-ftig-at the-house=wouicl increase/he potential-demar d-ki such vehicles_and createari-uit .cceptable safety_risk_,: 13. In making its determination,the Board also acknowledged that the variance requested was self-created. The petitioners purchased this nonconforming property with knowledge of the setback restrictions. 14. Another significant factor considered by the Board concerned the stability of the bulk-heading at the property lines. This concern was discussed at the public hearing and personally observed by members of the Board. The petitioners' request to construct a second story so close to the bulk-heading would add a substantial amount of weight to that piece of the property closest to the bulkhead. The Board had serious reservations that the structural integrity of the bulkhead, which was constructed to withstand a specific amount of weight,would be compromised by the extra weight of a second story. The collapse of the bulkhead would be a disastrous event for a waterfront community such as Southold that would interfere with the public's use and enjoyment of the water. 15. Significantly, the Board denied the petitioners' request for a variance, without prejudice, because it determined that the additional living space requested could be achieved by some other feasible, less-intrusive method of construction_ Specifically, the Board felt that the 3 s voligi4 w��-.►bk �ccs sEmerry C s... D :'L'{, v i43 la+ed G-25-2, I > .`, F 11 °-;; EGI5t..ATiON hap..:, :1NIG �olernentary Regulations [A lezl 'I '1989 ' i L.L. No. 3-1989] � r v ,�for, n+.-n..... !s. C. All lots improved with a building or structure must ensure that access is at least fifteen (15)feet in width and at least fifteen (15)feet in height, subject to approval by the Building Inspector for residential structures. [Added 3-26- 1991 by L.L. No. 8-1991; amended 6-11-1996 by L.L. No. 10-1996] ,,..,A , ., . . el' E %. •a. ,•• . . ' M 4 _,.y 'a . a � ,`.' Y,-77. t ._. 1 ; V .ter... .. . r y —t .. h S •M;. ... ', , Lovk4"5 Sop-I-h Look'%0 Nvr ' uvse_ 1 s 2q -cez - w,v[¢, c,rr/1 r-v r\$ Ole rvX► ` Z 00 m Q cc,L� "t-4t_ •4-o v e., - eV e47 ,poi 4. w�•E rt.. 4 - f is c%�n if wtmov,lb<Z• o b (ircv- Pole cl,) .-�er� is & vv (i n Ivry+^ 0l I,5/ C,)eArance . e_ ( 4c)' „•�, F' IOifa ..,--/c d Au+ S 7 4r W v viol haves, faro 121?'v►' s erV 1? +i.� V\Qv sq.. t n cA v‘ e.vr�e e47 ( f Gerard&Carolyn Schultheis PO Box 299, 1640 First Street New Suffolk, NY 11956-0299 631-734-7265 schul27 sttelebal net October 5,2003 Mr. Robert J.Kull Commissioner Cutchogue Fire Department PO Box 930 Cutchogue, NY 11935 Dear Mr. Kull: REFERENCE EMERGENCY ACCESS I would like to take this opportunity to thank both you and Chief William Brewer for the time you nt with me on the morning of Thursday, October 2, 2003 to discuss the issue of access for firea nd emergency vehicles to our house located at the end of a private Right of Way (ROW) at 1640 First Street, New Suffolk, NY. The reason for me contacting you was to get your input to an issue raised by the Town of Southold Zoning Board of Appeals (ZBA) regarding an application that was made to add a second story to a portion of our existing house. The ZBA in their resolution dated June 4,2003 indicated that our house presently maintains no suitable access for fire and emergency vehicles. They further indicated that an increase in living area of the house and the potential for additional people living in the house would increase the potential demand for these vehicles and exacerbate an already unacceptable safety risk. I did not understand this issue since the presently I have a deeded ROW to my house which is 29 feet wide and runs for approximately 200 feet North from the intersection of First and Orchard in a straight path as a continuation of First Street Additionally the ROW includes a section 25 feet wide along the properties southern boundary. Just lastweek I received a delivery in my driveway, which arrived on a 40-foot tractor-trailer. I was encouraged to receive your analysis that based on both your recollections any problem with achieving access to the you did not perceive by Chief Brewer that he would personally visit and call me were cy. I was riany concernsher relieved.I did be tnot hear from the Chief so i assume there are no problems_ Thank you very much for your input and assistance. Sincerely, i h-i- i -,4)---- ,,,,,,,,,, ,........ ,___,.... J dhultheis CC: Chief William A Brewer - - ,,-.,•7,• -11,VA•,.- ...:',.` 410,. ' ...-c..:--;,`-" . "_,','",,_'"'",..'!'Vnth tt7.1 lit '1'4 s'''' ',...,-dr..‘„,-....a..„... ,.... . ,.:„,,,...„,..„,,,,,. •,_P . 0 ip .T.,T". T 'T -,T9 x,i-7.kr-.4c, ....„, . .t.- -•.._„,.* , _ ^, ' 44 ' * ' --*----teki • k-,.,;,,,, 1-n ..t.,vzmuzw-a>,-.., ",....,,,-.%,---447%,.,,,.----4 -40--A-ii- _-"=•--- '1 z•,•=e0 Cl .7.'A,;,.... voggegmlf).4‘644070,AmViamgevriP.,,,I °., .7‘' 'MOW"Lk 116:61, 047y,.,..191.41A-Motlikitt1T4MR,I, .0 ,,--, ,-- q ic" - -ii -.7•,:. •,, 1 ,; 4.5 •‹....„,„ ,, •s i AA''1,i'-. 4.. A ..,"=", ,,, 1/4....A", .• ill rrl Postage $ 0,37 ... = CI Certified Fee C:1 -,:.,..1: I Zr,I -0 1_, • , ",,,rostmark It 1 \ CI Return Reciept Fee I (Endorsement Required) r C3 .• i Restricted DeliveryFee Ile4-r: 1 ,- ;,,,',1 rn (Endorsement Required) ,•-,.•,-, • .•- •'"',0,.../ RI '.E.-----'•.°1---•----1. ,..../( . Total ru Postage&Fees $ -1,.••::. 1' 4.\ -1,,`._,.aYe'l'", 4 N.'"•-`'--- ,cia ..„„,.-•-- =I 1 Mr Ro_\1233tk-r r- [Street,Act.No.; A, 0 or PO Box No. rid mv 93 0 . ___ ..._. Cfty,Slate'ZIP+4 , I C( -rt • ,e A 1 J. 11' 3 > .•••-,,,--•.--gwasagy-tvroh—g44. .'c .et•9;;•',FAr!''',.''rii•fr'A4.,!d)-kk.s4-;t,j'i'fi'- . a D F•3 't 'Q "VAPIV#,VPOL kl,-1,11Zge• -,-4•,,,,,„,. Vel,-; _,,,' 43- , ,, „ ,Af-r4.01--kiViejr;3;4 ., I-I :fillti ,-1 ---D:1,1V1,-Mj " ,. -•., .,, .• - N.' .. -•- ; :, . -;,14 Apsnolt4-1`t ' ''''-'"Aiiinshb- -, •..".• ,SIgi',4,,...,..°-° -- a o RI .,„.:,, ::.N., --m, g 4,>4• i:.; A ii < A ti.. ,. ••'-'1 t13 • N'' .-,.. ' j - rn .,/,.....,-:-...---.. z..•••., P1 Postage $ P...-,,-'1 -0. •1 Certified Fee ' ( 3 Cl '. 7'. ' POSIMA I=1 1,-.-- Return Reciept Fee 1,2:ti\\ Here .,...., C] (Endorsement Required) ; ?5, ‘ N o- i I . • •---,•:,,,--,•,,,,,. .- ,e i CI Restricted Delivery Fee \FO''''..--,. IT1 (Endorsement Required) , . ,...2., ,,_14,,,,:::...,,,, . ,.1,- - -......------ 1 „ IU ..; Total Postage&Fees $ .. 1:. :2 - ru i s°11tT°OA ll-4\Ji -. A6 r,0 , retdze CAck-r-- I • at ___ I."- Street,Apt.No.; p 0 8 ox ci 3 0 j 1 or PO Box No. ___ ----------- 1 -City,State,ZIP-1-4,-.. 3... Vq , 1 t k. ,) •d,c ..I , ,,,,,,,v,--- -,-- -511 THE FALACY OF THE REQUEST BEING SELF CREATED-the Zoning Board indicated the petitioners purchased this nonconforming property with knowledge of the setback restrictions. Again the question needs to be asked: Where did this information come from? It clearly wasn't in any of the testimony presented. The fact of the matter is that since the property was purchased in 1987 there have been two building permits issued by the town and CO's were issued for both. One of the permits involved putting an addition on the north side of the house. A copy of the Property Record Card from the assessor's office has been included. The permit that was issued for the addition included placing new ceiling beams that would serve as floor joists for a planned future second floor. S'"°:'' -71 ' sci") t , '„ 1 .1- -"S.-W(0 3 J-. . • • ��`� 0• Yom. . OF - OUTHOLD p . � � _ r.0' 0 7y/ -�5-4,4.? R�PERY'1� RECUR : : R® NNER STREET l -' ER .•• VILLAGE • DIST. SUR. LOT . 44 •... ' '' _:* .• — - . ; ' 74' 134e-e-e. 74 .e w V v�,7�G/x" 11/11 MMER OWNER �h/ '�e� • N , / �/ �i D �`� d L'X10 0 /lD Are C.E-Q ce re G.to.... /3e1. —,L/'7 z. /. .7.ot OPIPPPP-/IMIkkk. M II.� -�a f :t•. . S �', fc /d��l�/� TYPE OF - �)LDING "'•' a . ; 1.0 MIIIIIIIIIIIIIIRM COMM. CB.. egaiEr Mkt. Valuelit �. q SVD . .IMP. • TOTALi q _ 'DATE• REMARKS ' . as • /3 Q 42y ( ' s 7 •7 -4\I° ' 1 . 'maniumemor—--79 f' � � ��krifnerinlega 0.. - CZ '/� ,�L-,, 'gid: �U; ,eL � /ago. io •" ,/Lt ,z �: �`,'• O .e+ a ° '7 3L., 29/4 �o oo.; a3a,E. c. ' 9go0 �. �,3Qa / EMI it 0 7 �C e� (I . . .•� -;; ''. t't. -1,•,,,i T� A" 1-'p� ",• 93414 36'©0 • 5�70o 1 3 ' I M I sf1 Ii 7 Z ! 3C? ar . . Y,� .:t ;,__X03 .3 .� v, _.` '-. ' .. .. _ -'2 _4.' •- BUILDING CQNDIT ON' �'.� ?a ¢` ' f N NORMAL BELOW ABOVE 9A. P o?0• 0 . 'e 1a; b'.4 ..3a i ej.'64Jth i. -11'1.7-. slf it tm AcreV g qq4-1--,I17a9p3 '06--5c-hgli.bea'6 4 a �r� 56AL4Ige 3 -/i/Cr Value Per II Value Acre ate 1111_ FRONTAGE ON WATER _ .r hand • j9�i'c�.Z 7c _ " III FRONTA E G ON ROAD 4\11 .d11 g_... l 6-22,5'6: lowland III DEPTH Plot III BULKHEAD 6 1 ® 21 �=- ' 7 3,5-- • P. BULKHEAD Ry 1`4-6 ` il et? DOCK • • • COLOR •1 * 1 v !!' TRIM t4... `Y- c • • p `J 1�. t f l M• ��,7 Py !1: • tin; Rf1•f Al s� i1 o 1 rgriliVt7 f' • Decl 1' • 1.r.4 . 2- ', • ' ; ' ' i''''...15,-:,%:.;'`..V." '' .**4.'%,..affikt , -• b 1 hit •••• .„„ - .ncq.. .' A 4— •� • ,' f . . . .. . . Is re I. ' .._ri . ,.... , , • cion IV , � . 9 Psion ./C '' 1r 4C '"fidi - I [. . . isfon2_ ;a m p . . . • •. . • • • 1 , , MIIIIII .y . • I Foundation , ,e .o•s ?' , Bath . / Dinette r t ' il �f K . t 91'' 227 / Basement' C(fr`�N Q . Floors pi N�' a '� 5t ! -,/ �_ , ;, ti Ext. Walls Pty Pb p Interior.Finish W,q � ;a .away �� / Fire Place• Heat • Y L o !Ua ,re 6 ge • •R x ,,Z a F ,i 41P(/ Type hoof. Rooms'1' t Floor " i " Recreation Room Rooms 2nd Floor CP(--7- • Dormer Driveway • • • F. - • 1.../43:/ / • . li • : .. �. : ,?. A � 7 ' _ - • . • .' r. •• • • • . , • .‘, • . ,#,•-I, •• • I . - Il'l4t, L..../. ) . - I , • •;'=',„I'h*,'-',.:,.....,:;:':' • ..e:,..'„,:--.).', . # . . • :,,:itt ";-, ' .7.'-•''., ':::',t- '';':' (IT ' „ .--',.'•=,-='...'' • ' ,,......,,,.,.,.„3;r•..:'.:...,-:.,-.1.,7‘•.,..:.,...:.-:,f -,, .•..-_:,......,• ........-- $.., •:-i‘-:,' , 4f..•• ;;Iii„ - — , .; •ul' ,r-,..4,1'.,.4'-`.)„ -- , COLOR— 1 !1m , '• 1 . . ' ..•''';..., '2..',.,,e 7:^;'141434,:f.,e..., -. :...! ; •.f:-,....''...i'''''-''•- , „ . • - , . '-""----..V:,,, 51.,„,..;,,,,;,,._ ,.. .• :“::- :::-,, ' ' ,of,,:,...,,„,,,..;;,,,!:.;i: , , — —•— • • . . ,,,,s03,-4-•;,,,,4,..,t:,4'r 1”',e,'" ..•.• s • • . : i*.;:r"-i':i.'s::,:'';''':'4 i.;.V%:tt:.. 1‘,,::1•5r.1 t''r;' ''''''' -.4't'"^ \ lif;%•%?• :' ''''' • , ' - • .... ra Catair 44• ''• ' i‘-'-• I `1•-•::',,-•,,• s• , •. , •r 61X,C4Aretw.,.. 4 • f'•" : 'I':.'' • • ...1 ''''..tr C'e, •,''0,'.'. ..7.Zt,'-‘':•1%., --;"..,•'.1-,. ..,... . . • ..". - •', i',4,,,'•."-:;:e.',=,i'S':':.'el'A''''''4, I: ...,•,••...,_,,,,,,..*',.....41SeV3,..Ve'''' . . i • ''-',' •.",:':', ':..1.'ifj-1.%*•'711'.;.*''''•* ,•....', TRIM • • . . 3/?0) . • ----N. • , • • • . • , .. .. ., - .., .............-:-:.—....................... ec-Ni.k t•• • • 33 Foundation P.C. C.D. Bath . Dinette . Bl• • - o ._,., 5,2.5" Vc3" . FULL . CRAWL SLAB • :tension 2.8 8 = z-(2,-.1- 11111111111=1111 Basement Floors Kit. L.R. •• • i Interior Finish a.1•Co to og • • tr-WP. 2.6s Ext. Walls • . • Heat D.A. • • • Fire Place • tension • Atc... IQ . aPor t7 ZOO Woodstove BR. I Dormer • 4 .I „Fin. B. -FP\ • • v ..: 'ft7" ..,A; ,u..-- • • ste" t...t...).3.1 •- tie_ 10.06.... mr• .`" • ak • 6 kita--9 AD • Attic MI ezeway 11111MMI ‘3 I. .zRooms 1st Floors— 1 5.76 • rage IIIIIIIIIIMI Driveway " • Rooms 2nd Floor IIIPISEIEIII • 2-S— . 66S- 1.- - ix.. - 2.2-y.2-2.ft, 8 it u...........----_____. 41 . 111111111 . )1 • • . . 7Q/ er* ..L"\ / . . ENVIRONMENTAL CONCERNS-the ruling indicated that "the additions proposed would exacerbate environmental concerns at the site." The project received the necessary permits from both the DEC and the Town Trustee's both who indicated there were no environmental concerns. In the Board of Appeals Finding's, Deliberations, and Determination Meeting of May 15, 2003 under the SEQRA DETERMINATION it is stated:"The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without adverse effect on the environment if the project is implemented as planned." During the testimony Mr. Loria who runs a fishing station indicated that the weight of the house was going to put more weight on the bulkhead and inferred that the bulkhead would collapse and block the creek. That issue was addressed by Mr. Schultheis at the hearing when he explained the foundation design used to support the house weight along the bulkhead. The Zoning Board incorporated the knowledge of a fisherman instead of the design facts offered by a graduate Civil Engineer in rendering their decision. An outline of the design of the foundation is included to be reviewed by a qualified engineer if the board desires to do so. In their decision the Zoning Board said "Information has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood if the variance is granted as applied for." I would ask that the Board share this information as well as its source so that it might be held up to scrutiny. iVar ti\t1 q \o„,\,0... s `�° 7Qj P�® • , ..s 1 }` ``� I ,), cepi) e.Ytlil\ ,_,-.. . i i� �U�A a ' lend` L�,IJ U� - A` cSlkiv 1 � \\ .vn "v•"-\. c n Ct .i. S " 3r 0 i' 0 1 0 T If Vv, leve ''f it \NiL. . `- - t14 717_6kNi wtsi,04 r f ..--_----11 _,_____L ii i Ye cAs k“ ki A- r'2-A-( s S v ,Ir '141' ' 41 1;‘ . j071" S'‘"A"\tel 4° 6.r 0 0 4 e N" c i 4r.bS= 4 . a krtisi-rA V u A 01/4/ ak .-moo 0,,,,� F„ t ,„1cts Y'er a : 1 uv Ct S 104,4- q „ALA-l PROPERTY CONSTRAINTS the Zoning Board indicated that the • additional living space could be achieved by some other feasible, less-intrusive method of construction and indicated that to the south or southeast would be more desirable and less detrimental. Well this is very easy to say however they included no concrete proposals as to how to accomplish this. The petitioners have spent much time and effort in exploring different ways to expand their miniscule 1000 square feet of living area to 1600 square feet One must realize that the property is surrounded by water on three sides and thus subject to the requirements of the DEC, Town Trustee's, the Army Corp of Engineers and now coastal requirements. In addition there exists infrastructure in the ground including water lines, gas lines, electric lines, telephone lines, cable TV lines, dry wells, septic tank, multiple cesspools (many low height pools) and bulkhead anchors. The garage requires back up and turn around clearances. Parking space is required. Consideration to building on Lot 1000-117-5-44 could not be addressed because it is even closer to Cutchogue Harbor. If this lot were combined with the subject the lot coverage would be 8% instead of 14%. Both the DEC and Trustee's have indicated there would be no permission granted to build closer to Cutchogue Harbor to the east. Consideration was given to adding living area over the garage but the variance granted for the garage construction prohibits this solution (copy included). The area to the south and east includes underground electric lines, water lines and gas lines all with deeded ROW s. The septic and cesspools and drywell (required by Trustee's) are all to the south and east (a map of these locations has been included). New York State Department-;',1 Environmental Conservation Regulatory Affairs Unit Bldg. 40, SUNY, Rm. 219 Stony Brook, NY 11794 Thomas C. Jorling (516) 751-7900 Commissioner August 9, 1988 Gerald Schultheis 15 Sound Bay Drive Huntington, NY 11743 Re: Permit #10-88-0896 Dear Mr. Schultheis: • In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours,(:) � � G��� �✓ - a -.Joseph B. Hall Environmental Analyst " JBH:rw enclosure 95-20-6(9/86)-25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC rERMIT NUMBER EFFECTIVE DATE 10-88-0896 8/9/88 , FACILITY/PROGRAM NUMBER(s) PERMIT EXPIRATION DATE(s) N/A Under the Environmental Conservation Law 8/31/90 Article 15, Title 3; 6NYCRR 327, 6NYCRR 608: Article 25: 328, 329: Aquatic Pesticides Water Quality Certification N Tidal Wetlands Article 15, Title 5: Article 17, Titles 7, 8: Article 27, Title 7; 6NYCRR 360: Protection of Water SPDES Solid Waste Management*. Article 15, Title 15: Article 19: Article 27, Title 9; 6NYCRR 373: Water Supply Air Pollution Control* Hazardous Waste Management Article 15, Title 15: Article 23, Title 27: Article 34: Water Transport Mined Land Reclamation Coastal Erosion Management Article 15, Title 15: Article 24: Article 36: Long Island Wells Freshwater Wetlands Floodplain Management Article 15, Title 27: N—New, R—Renewal, M—Modification, Articles 1, 3, 17, 19, 27, 37; Wild, Scenic and Recreational C—Construct (*only), 0—Operate (*only) 6NYCRR 380: Radiation Control Rivers PERMIT ISSUED TO Gerald Schultheis ADDRESS OF PERMITTEE 15 Sound Bay Dr. , Huntington, NT 11743 AGENT FOR PERMITTEE/CONTACT PERSON TELEPHONE NUMBER Glenn E. Just, Pres., J.M.O. Consulting 929-3575 NAME AND ADDRESS OF PROJECT/FACILITY(If different from Permittee) Schoolhouse Creek/Peconic Bay, SCTM 1000-117-5-46.3 LOCATION OF PROJECT/FACILITY COUNTY TOWN/Mtattie UTM COORDINATES New Suffolk Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY Construct a new sanitary system to service an existing single family dwelling in accordance with NYSDEC approved plans (attached). GENERAL CONDITIONS By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compli- ance with the ECL,all applicable regulations and the conditions specified herein or attached hereto. 1 The permittee shall file in the office of the appropriate regional permit administrator,or other office designated in the special conditions,a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work. 2 The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if the public interest so requires pursuant to ECL§71-0301 and SAPA§401(3). 3 The permittee has accepted expressly,by the execution of the application,the full legal responsibility for all damages,direct or indirect,of whatever nature,and by whomever suffered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descrip- tion resulting from the said project. 4 The Department reserves the right to modify,suspend or revoke this permit at any time after due notice,and,if requested,hold a hearing when. a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found;or b)the permit was obtained by misrepresentation or failure to disclose relevent facts;or c) newly discovered information or significant physical changes are discovered since the permit was issued. 5. The permittee is responsible for keeping the permit active by submitting a renewal application,including any forms,fees or supplemental information which may be required by the Department,no later than 30 days(180 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration date. 6. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work or as authorizing the impairment of any rights,title or interest in real or personal property held or vested in a person not a party to the permit. 7 The permittee is responsible for obtaining any other permits,approvals,lands,easements and rights-of-way which may be required for this project. 8 Issuance of this permit by the Department does not,unless expressly provided for,modify,supersede or rescind an order on consent or determination by the Commissioner issued heretofore by the Department or any of the terms,conditions,or requirements contained in such order or determination. i. Any modification of this permit granted by the partgient must be in writing and attached hereto.l Deputy Regiona PERMIT ISSUANCE DATE PERMIT ADMINISTRATOR ADDRESS Bldg.40,SUNY,Rni. 219 8/9/88 David DeRidder Stony Brook, NY 11794 AUTHORIZED SIGNATURE !!�� , Page 1 of 4 95-20-6a(1(86)-25c - ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15(Title 5),24,25,34,36 and 6 NYCRR Part 608( . 10. That if future operations by the State of New York rOuire an•al- other environmentally deleterious materials associated with the teration in the position of the structure or work herein authorized,or project. if, in the opinion of the Department of Environmental Conservation 14. Any material dredged in the prosecution of the work herein permitted it shall cause unreasonable obstruction to the free navigation of said shall be removed evenly,without leaving large refuse piles,ridges across waters or flood flows or endanger the health, safety or welfare of the bed of a waterway or floodplain or deep holes that may have a the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of resources of the State,the owner may be ordered by the Department to a waterway. remove or alter the structural work,obstructions,or hazards caused 15_ There shall be no unreasonable interference with navigation by the work thereby without expense to the State,and if,upon the expiration or herein authorized. revocation of this permit, the structure, fill, excavation, or other 16. If upon the expiration or revocation of this permit,the project hereby modification of the watercourse hereby authorized shall not be com- authorized has not been completed,the applicant shall,without expense pteted, the owners,shall,without expense to the State, and to such to the State,and to such extent and in such time and manner as the extent and in such time and manner as the Department of Environmental Department of Environmental Conservation may require,remove all or Conservation may require,remove all or any portion of the uncompleted any portion of the uncompleted structure or fill and restore the site structure or fill and restore to its former condition the navigable to its former condition. No claim shall be made against the State of and flood capacity of the watercourse.No claim shall be made against New York on account of any such removal or alteration. the State of New York on account of any such removal or alteration. 17. If granted under Article 36, this permit does not signify in any way 11: That the State of New York shall in no case be liable for any damage that the project will be free from flooding. or injury to the structure or work herein authorized which may be caused 18. If granted under 6 NYCRR Part 608;the NYS Department of Environ- by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not conservation or improvement of navigation,or for other purposes,and contravene effluent limitations or other limitations or standards under no claim or right to compensation shall accrue from any such damage. Sections 301,302,303,306 and 307 of the Clean Water Act of 1977 12. Granting of this permit does not relieve the applicant of the responsi- (PE 95-217)provided that all of the conditions listed herein are met. bility of obtaining any other permission, consent or approval from 19. All activities authorized by this permit must be in strict conformance the U.S.Army Corps of Engineers,U.S.Coast Guard,New York State with the approved plans submitted by the applicant or his agent as part Office of General Services or local government which may be required. of the permit application. 13. All necessary precautions shall be taken to preclude contamination R.VanTuyl dated of any wetland or waterway by suspended solids, sediments, fuels, Such approved plans were prepared by solvents,lubricants,epoxy coatings,paints,concrete,leachate or any 9/14/R7 approved dated on 8/8/88 SPECIAL CONDITIONS • 1. Septic system shall be located a minimum of 2' above seasonal groundwater. Supplementary Special Conditions (A) through (J) attached. Additional Supplementary Special Condition (M) attached. • • • DEC PERMIT NUMBER 10-88-0896 - • PROGRAM/FACILITY NUMBER • N/A Page 9 of • • `Lim •;�" ,y .,.„0. ' ' • • • ,;74N>f ' .' -" ' ' - ' ' '— - -- ' ''-‘•• ..1- t CCP A'•\ ''' •: ':. 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I. ,,,-, , _ k t • \i/r, "rtIT )_ - - • -- ' t. . •,- 1 ,,,, - I.. ,... :: • y i , ,.'i., ;,.,. A 1 ' 000107"�� 46 1 �J i , `S 1 �°• f. i , jj• Y 1 r '' _ zy a'fe. -- q Sk 4 x ++ 9 ;''''-'-;'-.-''.---"--:1';','.: _ 3;2:.F..= �_a;�i,r.-� 'yKs'-:���. ` ..� . - .r -_N r til{�s:ar••�:ei�.ctila 1:;c!nrr.:: k vyca•.,•;;r•'/-- - TOM'CM BOumoxnr'IMIV YoBrii". •- `pATE"1_12 0- :tielac 4F;'iffE,ZON T0-BeiRils'OF.APPEA S`' • : - ; ' •• • •"' •••• uo. •2,748' - . . -.• =App1ic-at'ion--Dated September. -6,_ 198.Q.- - • :' •TACTION or TI: ZONING BOARD:OF P PE93S'OP'PRE TOWN.OF SOUTiNOLE) .:^ rrr�,4A T"-t cri`,.at)d)trs:, e.me �- atii> Itti _n-tz• • . . - - - .. . _ . _ `: .'s1'64Q4-,P''r,,--,,ti-t Caret - - • .- - . - ,i -. ppeHagt ' k.- 1levt'.51if`si' t:'•:•`•NY ';119'5-6-. : • _ .4tabaetting of the Zoning:Board-of Appeals on-' . ' October October .16 ,1• 80, . . the .•, - . : - app .was ooi side}ed.-and.-the action indicated below was taken on-yntu•-••. _ Request for variance°ddie=to:Iadc oP_arcr cs•to property - - - '. - - - .g.:) R'k3¢est.for-a,special.exeeplion under the Zoning Ordinance: • • - - - . . -• -qYA t foga varidinte"Cis tile Zoning:office-Art.' VIII, Sec. ''k00-80 • - - . . •it�• r{ t B)FxBs •.• o4it;9?44NO )b}C ��G�'+, eliitfon;.( ).be• • - i opted C •)b•e,denfeh pursuant,•4o-Articte•--- :.. Sectim•' :, . Subsection Per6gtaPh :..1.---.!---:—of the•Zoning Ordinance and-the dre!nou of_the Building•Inspect r- (r•)•be reversed (.)"bei.•' . nnunea beca•use_ Pub.l i c=He.ar1n-g: '7:33=p•.in - :A'ppl f catian o-.O .in:and . . ' :P. u•1•ine.Kr-etnen•a, •School'house Er.eek;•=New:-;Suffolk,:- NT: .'1-•l9,-5ti;for . Variance:to.'the•-Zo`nia7g:Ordirrince,,::Arti'cle -VIIL,:Sectioil- 70.0-$0 • • : . - f r.permi$si.on--to cpnstrtict, dei;ached-•garage..iit-tbe:fron"t and/•gr' • • ' • % • :s 1.deyati;d area: - Loca-tton.of-_prop"erty:-;1640:.First Street; NOV." . • " •f- o1 k.;- &&Y;. boulided''..north•.by Safhonlhoitse:Geek; west'•by:Tuthill, '-'• " - . ' •s uth'•,by; •Tuttiil-1; eat':by UhT and Cutotiogue Herbor-;-.-_EoO'nty Tari . '. • -M p-:ite.m._Kit 'l&00-1.17.7'-5-46.3.` ` - - • - - • • . - .. . . . -•( EE' RfVER&ESI:DE).--: - • • 1 .VAR pA„By resolution of the Boaid:it•was-determined that, -: : _ • '(ii ,• _ )..St{icturp7ication oft•eirdmani. (would?-(would"not)" produce:-piactiral daffii,tiiies'or _urin-•_ _ eeessaYy - - dship'b�cahse. • ,• •.1* 'EV REVERSE= STDE1' ... - • ( )'-The hardship creased (is)r `-tis-.2100'unlgpe:ansb(would); -(vinuld -lot).p¢:•shared_by•alt:eraperti - • ait _ es. lkr.)n the.i iimediate•• vicwify of-this:property and:int the'same-use d"iStrict.becaniC • • - (SEE REVERSE S-IDE) • • •the"-variance",(does):J •(does-"not)-otisei- ve-the▪spirit of the Ordinance'-and1(wound). - (would not) _ the cltadn"eter,of't$e.district'beeatkse-' _` t _ _ '. ' - : (;. EE REVERSE•:S-IDE - • • = • • • - -• •• • a:Id therefoz�, it was further-deteimiaed"that lite,r�ttested.van'hnee-• - ---. di l' : - • . . ( )••be_�g;anted'�(:.)•:be.-d�.lPd and-.. thht"the pre _• _ . • - - viotie•dedos siofnthe 33- ig Inspectoe C -);be coofatried.('')be.-revedsed:-''° '•' ' -- i - r - .ZONING BOAi2D-:OF APPEALS ,, - - "-FORIVI ZS4 ' • - - - - .4. .t.: - _ :„,6_ryet - • n. .........:;-;•::. -.•`i-: '-;•-•:..:.::::';::!.C.:::":_:./.:;•:..:••_:... :, .`._•••.:::`,2_•,. -._,r. .':.lv'i.42r,;:.;,;.. 'w••-,. s .:'.a,,1.. •...•__ - • •---=;-•. -; :.': "-; - . -i - -. „..-..:-.•-•.•.••.-''.; 1:- - -•,--:-.•' . •••.-..•.;,;.-„.'.•.•---:.•.....:1•• •.,:z.,-•-,;:•..,• • -. - • -- - - • - . . . - " " ----- - After investigation -and pers-onal inspectio,n, the Board finds - :-'• . - . . - ,. • - . • .• . •. . --- --.. -. - •.. - Appellants-have. appealed to thiit.-Soak!"•Seekin.g.a varlekce. to • . , • • '-. •-: ....cqnstruct. a detached- two-car.',-pe:age.in the• frentyard--area•wi fh . . •-• - • --,-- .- frohtYaCrd S:etba-olc :of approkimatejy..-.5-1-. off a•-p,rivate rigtit,df}- . .. - way. at the,north side of Orchard_Street; •New:Suffolk, New.Ylirk..• " ... • •• -- • -- •--. . . .. . .. . . .. ' - . n- ,-•!.?The.;:uteMises*,,ii•nl.qUeStion.-1 S:a parcel of land containing . . .... . .- • • '• :afilihWintately. I D Q130: square1..e:et ,in --area 'ahif _zoned ,V-Li ght . ' - *. '. .. •. . .1'ndu"§tri•at-r. •Th-ere, is presently'e-)ii-St:ing.--On the premises'.a - •";:•• - .• • :.-wooden frAme--,buildli fig with porch and attached small shed at -.-:_. - - •• .,.. •.: - ••ttie sniztl#7.6.ft.rlectli on of the•ftme. 60.11 di ng•-• - - - •:. " • • - • . -•:•••.'V=.-•.:-..;!:.;,:... ::-.:.--'1--.,;:•,•:r...-: -'•••-• ..:" •-• *; - •-•::: -• •• --:• . •-•r . .- --... ."J' .---- -..: :*•'-': --. - . ,. . . . _ . - . . . • . • . . .• The'Board -fin'ds-: the circumstances• p.f-tesent-:-in•-thi s...ca.Se dr:e- -• . .. :.• -, u ni Ellie.), and d.:istric-t-application- of:the- ord-inance wo-til d•produce -•.- --• .-.--. .1 . . . . '. •• .-.. ' practical:: diffinulzti-es 'cii•-:-Otinecekiery• hardship: -The- Board.. ••':.:i.---'• -.. ' ' '' • ., •.... .,•.-:.,.hilfeve.s-.:the:.-.granting.Of-a:.variance in thi.s case will not;change . •• • . .. _ . . .. the •character of the- neighborhood and Will observe the•:. spirit, .---- •• of the nal I ti-o---akdfnanbe.. . .... . • .„ . . . ...... . . . . ..-.., . • • • • . . .. ; • - •, • • •On notion by..Mr. DoTal ss., seconded by Air: 5,awickil•,• it was ,••-• .• . -. --- -• .,-. .- • RE. % /gin that -Le.en.and: Palfri tie,krementz;- be granted a -.-.•,-• --i •-• -- _ . - ,•-• variance•Ais the zoirliig -ordinance,-Article 'JIll Section 100-80 •'••- - . '•. '. for-p.er-Mi ssi on to-•Construct detached.-garage.-1 n the frontyard. - • - • . - - .. ..;.• -p•4a-.:as-•'op]ted- for -and S.1.1B•JECT. TO THE FOLLOWING CpItIDITJONt-:- . . . ... : • . • .• • -• • • . • . - -••••:(1,.) ..;•_Thet.-same _be •tis.ed only fnr.-storage purposes and he.:ma•in- -. • . -- .••.--,.. . , . • . . . . . . . . ... ••...tai.n.e4.-a.s-.:-an one-story garage, • - - •-• . . . . . . . .. . . ... • • . . ..- . . • • - .---tE:).'.:-Fli-a-t•--Sadie-"be.contrircted.'net•-tto'Ser than 10-feet to the• - ::- . . . .----• •-,- ‘buffkl4i2Cli-s---1-:;:---':-.:-.,--1-..---- -.! i---:.• - • • ---• ' - . . • _ • . • • . - . ... ... ... . .. . - . - - - - - biidaft-tort- of property -- lt.40--Firt-.4t-reet, Neii Suffolk, NY, -.• ' - -.15Oiu,ndea: 4ir-t-h.by Schoolhouse Cheek; weit Vs., Tuthill , south by . I • ... . ,itijthit.1:LI-- gt- by:-110 and .Cutchogire HarbOrA. -County-Tex.-MeV-Item. . - - . • . . • - : •••tici -147--5-46- 3-- • • - • : - ..-- -.; • - -- - --• • .:--::- .- .-:-.. _ . • . • -.f.-- r-.*:-: ' -• - • .- ,. - , - -.. _ • • - . - - • .-.-,- - ),Tof - f;.the•.Boarsli• Aye -: • :Mesas.1. trigMI.1d; 'Doyen K.-bciligl-ais., .. - . . .. . . i.s....-* .. •.p.iii•it1 i34e:irfloa saio:ckti _. -..: -• :•:--..;: : , . __ . •-,. ...: .:.--.. , .-•.- . . ., - .. • -.c -._-_- - -:, :.-.,:-....----,. :-: -. -.-__;.:.- __----.--_--- -..i:-., - -.- -_ _ • _ ._-_ - •- . -__ -k: -••• „-- -.. ..-- -.:- . .:• - - -: • ._- • • ••• . - ,..- -.. - . - _ . .- - _ ! - - - :- . -;.•-• :_-•-,?:-::- -: - ..-. — APPROVED•-•...-: • -- :... . . -• -- -. .- -.; •,-.1. -• .- •- -- - • - • - .. . .. , . • - - -. ... • .. . - .. . ._ . ... : -. ---_- . :. --- •:: :.j- --- -- . - lc-.! --f----.. — r.:'-0-._--- - . , . . _.. .: ::::.... .. ... . . . .: . .... . ..• .., ... .. . • . . . . .. .. . • . .. •• .. • . • •. • ,,. 0,,ptitalq . " .. .- • - .. .- . ..--, • . . - • •- • • ••- • . • .,-- .• . • • . • • - • - - • • . • - ' -- - • - . - - - • .• . --. -• - - • : _ - . •- . • . _. - -...• _. . . •... . . -, • . •• - - • - ,.• • . . . • -• - . .. . . • . . • . .. . . . ...• . • -- - • - • • - -.. •• •• • ••- . . - - . . . - - - . - •• • • • . . .- . ... .- .... -, .. *. ••... • • •. .. • - - ..-. .- • -• - . . • - • . _ . . • • - •• .- .- - . . . • •.. •. . _ ' - • -- • - . . . .-. . - - . .. - - - • . . :•• • -.RWEIVED.AND FILED BY . . .. . . . _ . . • . . . . - . ... -...chz c)1111101D TOWN*CLERK . . . . •. •- •-• . . • -- • • . . ,- - .., : I) • HO lb 4t3 Re) DILM•tbal.4/- . - - . • • . • • • . .. - - - . • . : .- . - .• , .. • • • . .......-- .. - , • ••• . .. . - ", ,...• • . - .. . . - . • . • . . . Towp. Clerk,.Torn or Southold . . • - . - - • - . . • .. . - . - - . - .. • • . - . . . , -- . • . - , . . . • • - - • • . . . . - - - - - . . . _ . . . . - . - . . • ,., --•• - • , - - • :::::. REQUEST FOR INTERPRETATION OF TOWN CODE-in fact the application included a request for the interpretation of the Town Code. Instructions were requested as to the method to be utilized to request the interpretation of the Town Code as well. Conversations were held with Linda Kowalski prior to submitting the variance request regarding the applicability of Section 100- 239.4, Paragraph B, Line 1 of the Town Code. The request was made for this interpretation in the cover letter dated January 7, 2003 submitted with the variance application as well as being requested at the public hearing on April 17, 2003. It appears that both the written request as well as the request made in the testimony was ignored. i Gerard H&Carolyn M Schultheis PO Box 299, 1640 First Street New Suffolk, NY 11956 631-734-7265 • January 7,2003_ Town of Southold Zoning Board of Appeals Town Hall Southold, NY 11971 To Whom It May Concern: I would like to take this opportunity to submit a variance application for a Building Permit Application,which was submitted to the Building Department on December 26,2002 and disapproved on January 2,2003.The application was to repair and reconfigure the roof on our house in New Suffolk The existing roof is rotting and leaks.Since the existing roof over most of the house is comprised of roof supported by defective roof,it makes sense to remove the defective portion and replace it with a single roof structure.The new roof has been configured to provide for some second floor living area.It will also probably be necessary to consider repairing or replacing the wall framing in the eastern most wing due to sloping and rotting conditions. The process of proceeding with the project was started in September by applying for Permits from the Trustee's and the DEC. Upon receipt of the necessary permits an application for a Building Permit was submitted to the Building Department which was subsequently disapproved. At present,we find ourselves with a deteriorating roof,which leaks more and more with all of the rain, wind and snow we are presently experiencing. My consideration to speed up the process would greatly be appreciated since we have been informed that the variance will take 3 to 4 months to process. The issue of the applicability of the new New York State Uniform Code also enters into the design of the project.The NYS Department of State Web site states that there is a 180 day transition period from July 3, 2002 through December 30, 2002 during which regulated parties will have the option of submitting building permit applications for construction regulated under the Uniform Code that represent compliance with either the provisions of the current code or the newly adopted code. My Permit application was submitted on December 27,2002 after receiving my DEC permit on December 24,2002 and the building department told me that the determination would be made on an individual basis. This leaves me up in the air over building requirements. I have checked and you cannot even buy windows, which conform to the new code anywhere yet. It is my understanding that at this time there are no windows available,which have passed the necessary tests,required by the new Code. The Building permit was disapproved under Article XXIV Section 100-242A and specfically._Article XXLV, Section 100-244 regarding minimum required setback. We would`like to_request that=Section' =100-239:4,=Paragraph B;line 1_of the Town Code_be considered_as applying'in=this case:-Tflit-section= states--that-when buildings are located`on lots upon which a bulkhead exists-and are adjacent to-tidal Water bodies=other than sounds then they shall be set back int less than 75 feet from-the bulkheatl except for.buildings which are proposed landward of existing buildings..This project:is not:increasing the existing building envelope and is sited to be landw►ard-oftheexisting-buildings: It,is-our opinion that-the 'above=mentioned_Section-_100-239.4=applies_but_since We=need 10:--keep.:' requests:for_all appfovals:moving-along-to minimize additional water damage we are submitting the :request for a>variance-at this time: In making a determination we ask that the Board consider that no undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties by the granting of the area variance because: • Page 2 July 11,2004 1) The following lots which all lie along the eastern boundary of New Suffolk with Cutchogue Harbor west of School House Creek all have existing buildings on them which do not conform to the area standards: 100-5-41, 100-7-29, 100-7-30, 100-8-17, 100-8-18, and 100-9-19. In addition, all residences on the entire eastern boundary of New Suffolk on Cutchogue Harbor are two stories high and approach as much as 10,000 square feet of living area With the anticipated second floor, the living area of our house will approach 1600 square feet. In addition, most of the homes on Orchard Street, which border on School House Creek,do not conform to the Area requirements. This project will not produce an undesirable change but will instead conform to the surrounding neighborhood.The Town has allowed the storage of a crawler crane on lot 100-5-46.4,which is not an allowed use in the Marine I District. 2) Due to the constraints of the existing lot,it is not feasible to repair the damage and add additional area other than by going up,while maintaining the existing building envelope. 3) The area variance is not substantial since the project makes absolutely no change to the existing Dation of the residence. 4) There will be no adverse effect or impact on the physical or environmental conditions of the neighborhood. This can be borne out by the permits granted by both the Town Trustees and the NYSDEC both of whom applications included environmental impact statements. The sanitary system was upgraded to current standards as per the NYSDEC in 1592. 5) The alleged difficulty was not self created since there has been no construction undertaken nor has any work performed on the dwelling in the past been performed without the necessary permits and approvals. A copy of this letter as well as a copy of the attached application was hand delivered to the Building Department today. Please do not hesitate to ask for any additional information and we will supply it as soon as possible. We would appreciate your responses on the applicability of Section 100-239.4 of the Town Code as soon as possible.Thank you for your consideration. Sincerely, Gerard H&Carolyn M Schultheis Cc:Building Department Original Letter 1/7103 VIAY 6 AQi\l`\ / ' t Rs- (NA Gerard H&Carolyn M Schultheis PO Box 299, 1640 First Street New Suffolk, NY 11956 �) 631-734-7265 • ') J 27,2004 Town of Southold F Zoning Board of Appeals Town Hall JUL 2 9 2004 Southold, NY 11971 Zoning Board Members: z®�l�o so� o o AJRfa.pe4Ls As per your request I would like to take this opportunity to present you with the information you requested at the July 15, 2004 Public Hearing regarding our request for a variance. The material contains the following: 1) Summary of facts rebutting "Reason for Board Action" contained in June 6, 2003 Denial of Variance Request determination. 2) Copy of Order of the Court by Hon. Denise F. Molia dated May 3,2004. 3) Copy of original survey 4) Copy of NYSDEC Permit # 10-88-0896 dated 8/8/88 showing the required location of the Sanitary System. 5) Copy of June 30, 1988 letter from the NYSDEC referencing the"considerable variance of the project" 6) Map prepared by LILCO showing new gas service as well as existing underground services dated 11/8/91. Note:water line was added after gas service. Map submitted at July 15,2004 hearing contains all underground services. 7) Easement in ROW for gas line. Also four additional copies of the report submitted at the July 15, 2004 Public Hearing are included as requested so that the Board will have been given a total of 6 copies. We would be happy to supply the Board with any additional information they may request. Sincere) , • 0a/44joF Mit 1,4 Gerard H&Carolyn M Schultheis July 27,2004 1 • Page 2 July 27,2004 Summary of Facts Rebutting Board Decision A complete exhaustive review of the facts rebutting the Boards Action in their June 6, 2003 letter containing their Findings, Deliberations and Determination as well as Lydia A. Tortora's Affidavit of September 23, 2003 submitted to the Court are contained in the report given to the Board on July 15, 2004. In response to the Findings, Deliberations and Determination the facts relating to each of the 5 reasons are as follows: 1) "Grant of the relief requested will produce an undesirable change in the character of the neighborhood ora detriment to nearby properties. The expansions are proposed with setbacks too close to the property line and the additions proposed would exacerbate environmental factors of concern at the site. The plan does not provide for suitable access for fire and emergency vehicles." The residents who live in the neighborhood do not consider that the project will either produce an undesirable change in the character of the neighborhood or be a detriment to nearby properties. The environmental concerns are addressed in the report as well as the Court decision.The entire neighborhood is non-conforming to the R-40 zone,and there isn't a single building on the water in the R-40 zone 3000 feet to the south of the subject residence which conforms to the setback requirements. If you go 4 lots to the north you will find a beach house built right on the beach. Neither the town code regarding emergency access nor the Cutchogue Fire Department support the allegation made regarding suitable access for fire and emergency vehicles. 2) "The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue,other than the relief requested at-I---12.3 feet.' Evidence has been submitted to show there are no other methods possible to pursue due to the constraints of the property. As a matter of fact, building to the east or southeast will not change the existing setbacks and will increase the setbacks in these areas making the property even more non-conforming. 3) "The relief requested is substantial. The addition is 22:7 feet closer than the code requirement" The relief requested does not change any of the existing conditions regarding setbacks or lot coverage.All construction will take place within the existing building envelope. 4) "The variance requested has been self-created since the applicant purchased the property with knowledge of the restrictions and planned the additions.' The property was purchased in 1987, and in 1988 a building permit was issued which allowed an addition on the north side of the building next to the bulkhead. The court decision also addressed this issue.The question to ask is how did the board make this determination since there is no reference to this subject in any of the testimony submitted? 5) "Information has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood if the variance is granted as applied for" There was no credible evidence by anyone with an engineering background submitted to back up this purported concern.As a matter of fact, evidence was submitted to refute this issue at the public hearing. Coil.A Index No.: 16907-03 SUPREME COURT-STATE OF NEW YORK I.A.S.Part 39-SUFFOLK COUNTY PRESENT: Hon.DENISE.MOLIA, Justice GERARD H.SCHULTHEIS and CAROLYN G1.SEDISrOSP.9:No SCHULTHEIS, MOTION IUD: 8/29103 SUa,41IsSIONDATE:2720/04 MOTION SKUBNCENO.:001 MG C,tSeb1SP Petitioners, ATTORNEYFOR PIAM -against- Wickham,Bressler,Gordon&Geasa, PC ZONING BOARD OF APPEALS OF THE TOWN OF 275 Broad Hollow Road Suite 111 SOUTHOLD, Melville,NY 11747 ATTORNEYS FOR DEFENDANT Respondents. Smith,Finkelstein,Lundberg,Isler and Yakaboski,LLP 456 Grilling Avenue,P.O.Box 389 Riverhead,NY 11901 Upon the followingpapers filed and considered relative to this matter: Notice of Petition and Petition dated July 3,2003;Exhibits A through F annexed thereto; Verified Answer dated September22,2003;Affirmation dated September 22,2003;Affidavit dated Septcmber23,2003;Exhibits A and B annexed thereto;Reply Affidavit dated October 9, 2003;Exhibits A through D annexed thereto;Return with Exhibits; and upon due deliberation;it Is ORDERED,that the petition of Gerard H.Schultheis and Carolyn Schuhheis,pursuant to CPLR Article 78,for a judgment annulling the determination of the respondent,Zoning Board of Appeals,dated June 4,2003 and filed in the office of the Clerk of the Town of Southold on June 6,2003,on the grounds that it was arbitrary and capricious,erroneous as a matterof law,and an • i abuse of discretion and not supportedby substantial evidence on the record,is granted,and the matter is remanded back to the respondent Zoning Board of Appeals for reconsideration. The property which is the subject of the petitioners'application to the respondent Zoning Board of Appeals,is located on approximately 3110 acres and is improved by a one story residence of roughly 1,000square feet,with decks and an accessory garage. The property fronts on the Peconic Bay and upon the inletto SchoolhouseCseek,V..ith access to the public highway by means of a roadway to First Street inNew Suffolk The lot and structuresare non-conforming to the zoning ordinance with respect to lot size and setbacks. Thepetitioners applied for a building permit to construct a second story addition to the buibIhgnd to cover a deck,cnnnnlIyCO% edlnpb ,with wood. The proposed second story addition was to be within the existing footprint of the residence and was approximately 600 square feet.The building permit application was denied on January2,2003 and the denial-vas amended on April 16,2003.The statedbasis for the denial of the application was that the proposed construction would result in a new non-confommityor increase the degree of non- confonnityvathrespect to rear yard setbacks. Petitioners filed an appeal of the denial with the respondent Board on January 7,2003. After a public hearing on April 17,2003,the Board issued its written determination denying the appeal on June 4,2003. The Board gave the following reasons for the denial: 1. Grant of the relief requested will produce an undesirable change in the character of the neighborhood or adetrimentto nearby properties. The expansions=proposed with setbacks too closeto the property line and the additionspnsposed would exacerbate environmental factors of concern at the site. The plan does not provide for suitable access for fire and emergency vehicles. 2.The benefit soughtby the applicant can be achieved by some method,feasible for the applicant to pursue,other than the relief requested at+-123 feet. 3. The reliefrequested is substantial. The addition is 22.7 feet closer than the code requirement. 4.The variance requested has been self-created since the applicant purchased the property with knowledge of the restrictions and planned the additions. 5. Information has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood if the variance is granted as applied for, 2 The decision of the Board is deficient in that it does not provide a sufficient basis upon which to support the determination. While the Board detemrinedthat the granting of the application would produce an undesirable change in the character of the neighborhood or result in a detriment to nearby properties,such alleged changes or detriments are not described or set forth in the record. The Board also detemminedthat the proposed constructionwould exacerbate environmental factors of concern at the site.However,ihenature and extent of those environmental factors is not set forth in the decision and there is no basis in the record to support this conclusion.In fact,the petitioners have obtained permits from the Department of Environmental Conservation and the SoutholdTnutees for the proposed construction.The Board also determined,without support in the record,that the petitioners'plan did not provide for suitable access for fire and emergency vehicles. Similarly,the Board stated that the relief requested was substantial and that the benefit sought by pctitionerseould be achievedin various other ways.Neither statement is supported with further descriptionor explanation. Finally,the Board determinedthat the hardship claimed by the petitioners was self-created. However,it appears that at the time the petitioners purchased the subjectproperty,constructionsuch as that requested by the petitioners was permitted without variance,inasmuch as building within the footprint of a nonconformingresidence was permitted. Such rule appears to have been altered by the Town in 2002,approximately fifteen years after the petitioners'purchase of the property. In an effort to provide a basis upon which the Board's determination could be supported, the respondent has submitted an Answer to the Petition which attempts to provide reasons in support ofthe Board's decision. However,such reasons are asserted for the first time in the Answer and do not appear at all in the Board's Mute 4,2003 decision.Therefore,the Court takes no cognizance ofthese reasons for denial which were not set forth in the original decision. Based upon the foregoing failure of the respondent Board to set forth a factual basis for the denial of the petitioners'application,the Court finds the respondent's denial of sametobc arbitraryand capricious and not supported by substantial evidence on the record. Accordingly, the matter is remanded back to the respondent Board for reconsideration of petitioners' application. The foregoing constitutesthe Order ofthis Court. DENISE E MQUA Dated:May 3,2004 HON.DENISE F.MOLIA J.S.G. 3 • l••.„ _7y-vo ,r "1 f{+ 4.•'/411.!.'••14 f,-1 4'ir'.�r,., ••t,...' c•-•.•"` . • I• • ':,,.. .•„:,..••;••• ` ,r`...•• . ,J"_`• " "� /,, _r ,�. 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" .,•''•C•-:,It...;: a1'•, t4„,,,,, .li...., r.,...4"`'z,:l;r• • S'i••..-t. •,' •,t ii, t/y •' is..i • �c� 'r••�,,• . �L'• �' y • �, ;t,,r,;, 41.t'rt}LI,'t'�,•i:'�••,a+:1.. .;' .r rI. 'i,i. �� ..`.-• li• 'A >.J •!'�?�.`„�'DT �//.,+/� J•,(�� • '' ''t • ' k '!f 'v.•v,:1 i S, 'Ar �'Ytv" 'l' f,• r,;r • ' '"'' •. �•�r �jam+�f I ,1,. .•-it'ef-ti-0• `J ,,'wJ 04..-re4,.`;4 •- 5 _ . , '• ., 't•'" . 1 U 4+t�Y�: T , • } I.t �>?'i's'`1,,'!i f/:'kyr t3'I��5.,;./,atwg5141•:'i:`r.,•,'k`i.•w•,'ya .., . r �.. • ',..„•••• , •'--•:Y .. . , • „ , • • insig:::,„. J,•,• ". ;�•n'.'y,f,i 5 t '� ,•f. .'•••r y.r b. ',� , I ,•,', i , ,, ./.••f' J.,�/•'/J,,��r�� �•��y �/'�./� .�. r' _, {J k1 .r• •,• - ' � '/' !' .,," _ -�Y ..,.....•4....,..�,/ n�.11. 7Ji,✓ ' •� /.�. •• •1r '• f' • y� ?. , • ai.es i 1L, ,' -f,• 'i` i • • ".•,,, •1•: . ..,......,„..„,•,` '-•r , - v�; j• •r 1. • • • • IY, ,r., 'C,� y,1 r, •,-'fvJl •"r• ',L�ti��'•,'L+T•�`:, ` f } ' •1 ' ' '. .•;1 y`•Y," . , 'Val! • 1 ••I f / Vi�,�jr, S' 'ti•,......,• y••,-„x,,t K,;.Y',,r;t: New York State Departm of Environmental Conservatic ,,{` Building 40—SUNY, Stony Brook, New York 11794 (516) 751-7900 NOW June 30, 1988 Thomas C. Jorling Glenn E. Just, President Commissioner JMO Consulting P. 0. Box 361, North Country Rd. Wading River, NY 11792 Re: Gerald Schultheis UPA #10-88-0896 Dear Mr. Just: I am in receipt of your letter and plans of 6/24. They have been refered to technical staff. The report of the first inspection was received the day after the plans and while it cites the need to put the septic system ' east of the garage, it also mentions the concern and requirement of the septic being demonstrated to be 2' above seasonal groundwater [Part 661.6(a) (3)] . Depending on technical staff input this may require revised plans (cross section of system and/or placement of fill) or may be handled as permit condition. I should stress that this is not an objection to the project but merely an attempt to conform as close by as possible to LandUseRegulations. The con- siderable variance the project involves is appraieable subject to public adver- tisement. To that end enclosed is a "Notice of Complete Application" which you are to have published in the "Suffolk Times" once during the week of July 11, 1988 on any day Monday through Friday. Please instruct the newspaper to publish only the material within the box. Under the heading "SEQR Determination" only the one line entry for which a box has been marked should be published. Please request the newspaper publisher to provide you with a "Proof of Publication" for the notice. Upon receipt of the "Proof of Publication" promptly forward it to this office for filing with your application. You are to pay the cost of this publication within 30 days. Please be advised that any delay or failure to comply with the require- ments for publication may result in delays in processing or issuance of a permit for your application. In addition, to cover the application fee for a major project submit an additional check or Money Order for $40.00. If you have any questions, please contact the undersigned at (516) 751-7900. - Very truly yours, / r Joseph B. Hall Environmental Analyst JBH:rw enc. • • file I/ GAS SERVICE AND MINOR EXTENSION ORDER-LILCO l UG AREA# c:, �( I HtF if/WO # 53 /ez„ / - /4-to APPLICANT /J�� D 5c / / / r� C PHONE# �3 7ae / D# /O/^ `3 SERVICE ADD: / s- p ST/eg(%` LI, 6.--1_5- _J \7 VILLAGE Nr�J SU/FOLk CUSTOMER CONTACT ADDRESS FT.MAIN $ TAX DIST /3 OO FT.SERVICES $ PERMIT READ. 0 YES cNO OTHER $ TY E PERMIT s,EJfl , T /,C9 U2RJ0 SURVEY BY DATE SALES TAX $ SERVICE REQUI �l• /D Y /-1 , 0 1-7-7A,6/AiSir7 l/"og-9'1 /� - FIELD CONDITIONS DATA CHARGE TO APPLICANT $ CONNECTED LOAD DATA STATE OF FOUNDATIONHEATING CFH CONSTRUCTION 0 ONLY 0 FRAMED `COMPLETED /a0 TYPE OF SEWAGE 0 CESSPOOLS SEPTIC TANKS ( MUNICIPAL WATER �/ CFH DISPOSAL LEACH FIELDS ❑SEWAGE HEATING . TYPE OF �"�' 0 NEW WATERMAIN INSTALLED 0 YES ❑NO RANGE L CFH PREMISES /e�- vXIST. WATERSERVICE INSTALLED ❑ ❑ f` CATHODIC PROTECTION DRYER AO CFH INSULATE AT 0 MAIN 0 METER 0 CUTBACK, INSTALL OTHER - _ CFH ANODE ON 0 RISER 0 SERVICE , CONSTRUCTION REPORT TOTAL a-35 CFH CONSTRUCTION SCHEDULED WEEK OF BY BI.# OL 3. / START COMP FOREMAN `7�J O AIR TEST OVERALL FOOTAGE SERVICE ORDER APPROVED BY DATE SERVICE ORDER AUTHORIZED BY DATE NOTIFY ONE —CALL CENTER BEFORE DIGG NG 661-6000 F) -10133 LILCO IS NOT RESPONSIBLE FOR REPAVING OR RESTO'A�• CISTS ON PRIVATE PROPERTY Al CUSTOMER TO REPLACE SOD 0 YES ■ JU• £X 1sT/NG- / rzC-cf'2/c MTJe ".1)*5 EP?EA) I RICsIDe/vc Sa9337.5:c /2EePv� :(77,41‹ 12.h7- //2 -- B J"E xTR A 13EL.L HoLes I / I en , 7 c /€ Ung 4/17 3oa ' sVc . I J . .c.21, .- .. •. - I. G p�o�f:e Ski 14 \s,�. ` -�ft � � \ 1,11 . 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I g 2 0 to,.._• 1 " , ,•!... b !II : ::; z•••••.„...z .s.;,. 1., q . .,N Y 1 ..•.....,. - Z N 83949'10W - 1210 . ,.... so -0 III .'. I) e N ' rU ; I 0 \ smot.../Nsic. • 1 / --..... 0 o io \ • k I •'t 1- ,,,,. . ODO" LEGEND iv in 1 (r) vi f I/f/.19/ I /0'WADE EAtszifeatr ,i; . ,.. ..- ; -.., _._..,._....... • s‘ra9'.49'ro-v (- 1 a?ef/480 .s7 , b I . In k n . . .4s.keily 1 ,..,._ ------ , I Li.: • t-A.. ',FA . .. . . . .. _ „.., N N . .. - -,r _ _ _ _ _ . ___ _ • -.5:L.d..--.-. -3 - - f••„.•;-...; • . , -•--,, -..--- -s-...,- 3\” •-.. ,,_ ...,,,. „. . ,.. _, _ , .. __ ................___,....,... ._. ....... _ _. . .. ,_ . 4 . APPEALS BOARD MEMBERS - ••` � ' ol ,,,,,,,,®,��' 's��� Southold Town Hall •Lydia A. Tortora, Chairwoman ?; 53095 Main Road Gerard P. Goehringer ; ; P.O. Box 1179 toto George Horning ��� Southold,New York 11971-0959 Ruth D. Oliva = � �® �iZBA Fax(631) 765-9064 Vincent Orlando _ R ,,i' Telephone (631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED. ' TOWN OF SOUTHOLDF. — 6 dm FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 15, 2003 JUN 6 2003 % Appl. No. 5296 — GERARD H. and CAROLYN SCHULTEIS ✓x `` , fi Property Location: 1640 First Street, New Suffolk Parcel #117-5-46.341110 T®ten Clerk ' SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 12,017 sq. ft. parcel has 84.39 ft. frontage along "Traveled Road" at the end of First Street in New Suffolk. The property fronts along Cutchogue Harbor and is improved with a one-story residence with elevated wood decks and an accessory two-car garage, all as shown on the survey prepared by Stanley J. Isaksen, Jr. dated October 9, 2001. BASIS OF APPLICATION: Building Department's January 2, 2003 Notice of Disapproval, amended April 16, 2003, citing Sections 100-242A and 100-244, in its denial of a building permit to construct an additions and alterations to the existing dwelling. The reasons stated in its denial are that the code requires a rear yard setback of 35 feet, and a proposed new nonconformance or increased degree of nonconformance with regard to the regulations pertaining to such building is not permitted. The additions are proposed over the existing footprint with a rear yard setback at +-12.3 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 17, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct two-story addition/alterations to their existing dwelling as shown on the applicant's 10/7/02 construction diagram dated 10/7/02, revised 12/26/02. Applicants' October 9, 2001 survey prepared by Stanley J. Isaksen, Jr., L.S. shows the setbacks of the existing one- story dwelling with deck areas at: (a) zero from the northerly bulkhead/property line along Schoolhouse Creek, (b) 18.1 feet from the westerly bulkhead/property line, (c) 48+- feet from the southerly property line, and (d) +-16 feet from the easterly property line, at its closest points. The additions include the proposed expanded living area from 1 t ' • r r-'0 11 Page 2—May 15, 2003 -- Appl. No. 5296—G. and C. Schultheis 117-5-46.3 at New Suffolk approximately 1,000 sq. ft. to +-1,600 sq. ft. Also proposed is a new roof over the existing deck, replacing the plastic roof with wood construction. CONCERNS RAISED: During the public hearing held April 17, 2003, concerns about expansion were raised and noted in the record. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The expansions are proposed with setbacks too close to the property line and the additions proposed would exacerbate environmental factors of concern at the site. The plan does not provide for suitable access for fire and emergency vehicles. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the relief requested at +-12.3 feet. 3. The relief requested is substantial. The addition is 22.7 feet closer than the code requirement. 4. The variance requested has been self-created since the applicant purchased the property with knowledge of the restrictions and planned the additions. 5. Information has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood if the variance is granted as applied for. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Horning, and duly carried, to DENY the variance as applied for, WITHOUT PREJUDICE. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Horning, and Orlando. (Absent was Member Oliva.) This Resolution was dul _ado d (4-0). Lydia A. o ra, Chairwoman —Approved for Filing 6/ y /0 - F:nFp m ' n JUN — 6 2003 ,.t2 ,3 ,T1e4;;) C lIPPEALS , PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): Cj-e.tel i- arilWI- S LL 14-L cs I. If building is existing and alterations/additions/renovations are proposed. A. Please give the dimensions and work square footage of extensions beyond existing building. Dimensions/size: AI I work is wi it 1901-01, e..nvelare Square footage: V B. Please give the dimensions and square footage of new proposed foundation areas which do not extend be and the existin: buildin. Dimensions/size: 0 ovn .N, work. 6 ,�� zx,s -,%�c I u 1. i! Square footage: 0 V II. If land is vacant: Please give dimensions and overall square footage of new construction. Dimension/size: Square footage: Height. III. Purpose and use of new construction requested in this application: ; I arm eX is rod GwA rav�r'�a r- 0444 s�cari - ore. IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in''meeting the code requirement(s): ` i 140vSe i5 5v rrovroLl d o 3 s�' S Y 7 10I kJ e V. Please submit seven (7) photos/sets after staking corners of the proposed new construction. - 7/02 Please note; Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. • • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes XNo B. Are there any proposals to change or alter land contours? ❑Yes )(No C. 1)Are there any areas that contain wetland grasses? 140 2)Are the wetland areas shown on the map submitted with this application? ye s 3)Is the property bulk headed between the wetlands area and the upland building area? ��� 5 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? ye,s - 562O Gm-44 D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea evel? \/Q 5 (If not applicable, state"n/a".) 1/Vr .n is' cd.,_ GV`-fl re }4,rbir ©� . E�.k�- Stare. E. Are there any patios, concrete barrVers, bulkheads ornf9nces that exist and are not shown on the survey map that you are submitting? jV 0 nQ. (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? WO If yes, please submit a copy of your building permit and map as approved by the Building Department If none,please state. G. Do you or any co-owner also own other land close to this parcel? ' S If yes, please explain where or submit copies of deeds. Pa r-cd 1000- 117 -05'-44 H. Please list present use or operations conducted at this parcel S i rr�� r %17 03 icQtisce, and proposed use 56,61, F-..-11) Res o rla,r e • A horizedgnature and Date .; • APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOUR NAME: G erJ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company If so, indicate the other person or company name.) NATURE OF APPLICATION. (Check all that apply.) Tax Grievance Variance }� Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity. Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares YES X NO If you answered "YES", complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold. G-er4 . S a,/ I:Re.3 Title or position of that person: se,s,, -- Re-.,' Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation), B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation), C) an officer, director, partner, or employee of the applicant, or XD) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of , / Signature. IVIVEM Print Name' er4f-_ . ci\.4u 6,65. UBALDO & PAT GONZALEZ 885 ORCHARD STREET PO Box 248 NEW SUFFOLK, NY 11956 April 12,2003 RECEIVED Board of Zoning Appeals Town of Southold APR 1 5 2003 Town Hall `53095 Route 25 Sbuthold, NY 11971 ZONING BOARD Or APPEALS To Whom It May Concern: We would-like to express our support for the addition and alteration project y_ou are reviewing for Mr. & Mrs. Schultheis on First Street in New Suffolk. We are concerned about the amount of dust that will be raised due to the extra construction traffic and ask that consideration be given to requiring that some kind of crushed material be placed on the driveway to reduce the dust. Thank you for your consideration. Sincerely, Ubaldo and Pat Gonzalez Gerard H& Carolyn M Schultheis 1 .R '1C) (06 PO Box 299, 1640 First Street \I°New Suffolk, NY 11956 cJ b 631-734-7265 January 7,2003 Town of Southold Zoning Board of Appeals Town Hall Southold, NY 11971 To Whom It May Concern: I would file to take this opportunity to submit a variance application for a Building Permit Application,which was submitted to the Building Department on December 26,2002 and disapproved on January 2,2003.The application was to repair and reconfigure the loaf on our house in New Suffolk The existing roof is rotting and leaks.Since the existing roof over most of the house is comprised of roof supported by defective roof,it makes sense to remove the defective portion and replace it with a single roof structure.The new roof has been configured to provide for some second floor living area.It will also probably be necessary to consider repairing or replacing the wall framing in the eastern most wing due to sloping and rotting conditions. The process of proceeding with the project was started in September by applying for Permits from the Trustee's and the DEC. Upon receipt of the necessary permits an application for a Building Permit was submitted to the Building Department which was subsequently disapproved. At present,we find ourselves with a deteriorating roof,which leaks more and more with all of the rain, wind and snow we are presently experiencing. Any consideration to speed up the 'process would greatly be appreciated since we have been informed that the variance will take 3 to 4 months to process. The issue of the applicability of the new New York State,Uniform Code also enters into the design of the project. The NYS Department of State Web site states that there is a 180 day transition period from July 3, 2002 through December 30, 2002 during which regulated parties will have the option of submitting building permit applications for construction regulated under the Uniform Code that represent compliance with either the provisions of the current code or the newly adopted code. My Permit application was submitted on December 27, 2002 after receiving my DEC permit on December 24, 2002 and the building department told me that the determination would be made on an individual basis. This leaves me up in the air over building requirements. I have checked and you cannot even buy windows, which conform to the new code anywhere yet It is my understanding that at this time there are no windows available,which have passed the necessary tests, required by the new Code. The Building permit was disapproved under Article XXIV Section 100-242A and specifically Article XXIV, Section 100-244 regarding minimum required setback. We would like to request that Section 100-239.4,Paragraph B,line 1 of the Town Code be considered as applying in this case.This section states that when buildings are located on lots upon which a bulkhead exists and are adjacent to tidal water bodies other than sounds then they shall be set back not less than 75 feet from the bulkhead except for buildings which are proposed landward of existing buildings. This project is not increasing the existing building envelope and is sited to be landward of the existing buildings. It is our opinion that the above mentioned Section 100-239.4 applies but since we need to keep requests for all approvals moving along to minimize additional water damage we are submitting the request for a variance at this time. In making a determination we ask that the Board consider that no undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties by the granting of the area variance because: ,' i 410 I • Page 2 January 7,2003 1) The following lots which all lie along the eastern boundary of New Suffolk with Cutchogue Harbor west of School House Creek all have existing buildings on them which do not[conform to the area standards. 140-5-41, 100-7-29, 100-7-30, 100-8-17, 100-8-18, and 100-9],19. In addition, all residences on the entire eastern boundary of New Suffolk on Cutchogue Ha"rbor are two stories high and approach as much as 10,000 square feet of living area.With the anticipated second floor, the living area of our house will approach 1600 square feet. In addition, most of the homes on Orchard Street, which border on School House Creek, do not conform to the;Area requirements. This project will not produce an undesirable change but will instead conform to the surrounding neighborhood.The Town has allowed the storage of a crawler crane on lot 100-5-46.4,which is not an allowed use in the,Marine I District. 2) Due to the oor straints of the existing lot, it is not feasible to repair the damage and add additional area other than by going up,while maintaining the existing building envelope. 3) The area variance is not substantial since the project makes absolutely no change to the existing location of the residence. 4) There will be no adverse effect or impact on the physical or environmental conditions of the ' neighborhood. This can be borne out by the permits granted by both the Town Trustees and the NYSDEC both of whom applications included environmental impact statements. The sanitary system was upgraded to current standards as per the NYSDEC in 1992. 5) The alleged difficulty was not self created since there has been no construction undertaken nor has any work performed on the dwelling in the past been performed without the necessary permits and approvals. A copy of this Letter as well as a copy of the attached application was hand delivered to the Building Department today. • I Please do not hesitate to ask for any additional information and we will supply it as soon as possible. We would appreciate your responses on the applicability of Section 100-239.4 of the Town Code as soon as possible.Thank you for your consideration. r Si y ely, CC4 .A4cR-0-44 Gerard &Carolyn M Schultheis Cc: Building Department • ' I • — • "•,„ S. Di] , • "11 he!ek, q}." •,...10001**4.4 - 111 t 54 Ao Det,4, E L B ti,,AT)-ov . . . _ . . . . . . .. ••., ... /"... -,.. _ .. , 1",,,,,,7,,,,,,,'''rr::;/ \,,,; • . 41/4'-,,,,,,,:ir NAiveI ,r) ..„,, , , \ , 'R tz vrieN t-t4 1 , / 4//1 N-• i / . 7 '-- .4/. .- ....,„,..,.........4_,—,..........„...,....7.........—. .7—.................4---- ,, _ . . I .1... . . , . , . . , . , • _ . . . . . , f, 1 1 j L...— 00.v. 4 , t E X e 421,""%i i)at;(.1',:: ,..f A 5 1 E L -E,, v ATI 0 Ni .. , -.,.,„.4 N.C,,,/ il;eit't,:)1 • 0 i 1 (, .."0..„...0,0„.".....,;,:,:s„,,,,,,,,40,„' t...,„,,„,„%.7.. .• f ,N' q� p "v«"•w.•"r���awvK�x'4wsnea»yXttsrn:�orNn,.»,mw-an,.-:--,- ' „,1„4", , moiterk°"'. 0( '.11.,_, 0 :. ,,, 1 all . _ 1 . ..... .....____ f S 0 U TR rL._ r imo . _-_� ~ /_ , ' '`' / / '-_- e.,;;:// , \ �� � ��~' ` 0w� ? \,.,\ ' � � 8_ ' .......e . � , ,, \\''':\\ \ . � _ - _ . - I � _. ' [11 � / '� . . �\/ '�_` ^ \ ^ / T� �^ --- /-- / �� VAT / | /h \/\� �� �� / [�� [~ L. \/ /f� \ / (/ /\ 1 ' . . • .4. f,... : - _. :-:•,,,ts.' • : . . , ',,,,..-e.; • .. - �'� y ' R �aa _ t _ 11 s. .... 1 • - •• Look,,,, \/\)t, -.\- pi.„ i) 10/01 4` July 1, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. — 5296 — Gerard Schultheis Action Requested: Additions and alterations rear yard setback Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, LAT:pq Lydia A. Tortora, Chairwoman Enc. Southold Zoning Board of Appeals APPEALS BOARD MEMBERS o,.11�$VFFO��-C ��ih�0�' spy Southold Town Hall Lydia A. Tortora, Chairwoman d• 53095 Main Road Gerard P. Goehringer ti Z ; P.O. Box 1179 George Horning O .F o Southold,New York 11971-0959 Ruth D. Oliva y�jpl 4O��i�� ZBA Fax(631)765-9064 Vincent Orlando * ,•s" Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD June 6, 2003 Mr. Gerard Schultheis 1640 First St. New Suffolk, NY 11956 Re: Appl. No. 5296 — Denial of Variance Request Dear Mr. Schultheis: With reference to the above application, we enclose a copy of the signed variance determination filed today. A copy has been furnished to the Office of the Building Inspector for an update to_their Notice of Disapproval, and the original filed on June 6, 2003 with the Town Clerk for the permanent records. Thank you. Very truly yours, Linda Kowalski Enclosure 6/6/03 Copy of Decision to: Building Department cert 0-"I RECEIVED cor. "' Ice( b 7-64 APR 1 8 2003 7 A ` I Z OD3 ZONING BOARD OF APPEALS G4?t"G't Sci,, (41„ jI � , r7, 4.1 , r 1 J f \I' , �9- ° S 1 1i�G F • v ,.... �OT...,......,_ .- 11 1 r_r____,,,„,- RECEIVE* , i1,1 .: APR 1 8 2003 __..:.._....._ ____----4, ZONING BOARD OF APPEALS i ws • ....0 ?)(1 r'•G'.�V�! / ( + �� 5 IV ' , 1St t�• / f . 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EL = 11.35 y 82.67' �� lV 25' 33' 20' W ► ��� 8.2 16.6' 0 DESCRIBED PROPERTY 15.20 •�� II 1111® WOOD DECXSITUATE W/RAILING 411, , nMSTEP BE 111111^16.3' O � NEW SUFFOLK, TOWN OF SOUTHOLD !/\ 1--- SUFFOLK COUNTY, N. Y. oCM 6 6),`c., -...-93CJ BLUESTONE G4. SURVEYED FOR: GERARD H. SCHULTHEIS h CARQL YN M. SCHULTHEIS �I ' 8' 22.4' DRIVEWAY o N�F TUTHILL 2 CAR O . n AVG. EL. =75 �, O 1 GARAGE N 0 0 L N -b `( I SURVEYED 09 OCTOBER, 2001 1/41 i j� b ( SCALE 1"=30' 1111 STONE (0 6 I 6.4" �coL. O 1 CM N 53. 4n, 'O„ CO 1, RI AREA= 12,017 SF TRS VEL ED W 84.39' CM NSF SCHULTHEISill-70 0.276OACRES RO� Di 6 ELEVATIONS SHOWN HEREON ilk - IS PA 'CEL IS FOUND ENTIRELY ARE IN 1929 NGVD. SOURCE IN OOD ZONE AE-8(EL 8) BENCH No. 8 1933 EL. 5.69 SOURCE: FEMA MAP No. 36/03 C 05016 ..Lyltr,\ DATED MAY 4,/998. (0 � s SURVEYED BY N GUARANTEES INDICATED HERE ON SHALL RUN TM 1000-117-05-46.3 06 I 4 ' ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE / TITLE COMPANY, GOVERNMENTAL AGENCY, STANLEY J. ISAKSEN, JR. D LENDING INSTITUTION, IF LISTED HEREON, AND P.O. BOX 294 IITO THE ASSIGNEES OF THE LENDING INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE TO NEW' SUFFOLK, NY 1195^ !� '09 t/-LIt f; ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS 631' 734-58'5 O�'ch'ARD STREE—T c� �J UNAUTHORIZEDOR ADDITION TO THIS7 ALTERATION AD / j1SURVEY IS A VIOLATION OF SECTION 7209 OF _�y�"- GUARANTEED TO (/� THE NEW YORK STATE EDUCATION LAW. LICENSE, LAND Si VEYOR i COPIES OF THIS SURVEY MAP NOT BEARING NYS LI . NO. 49/1'3 5 GERARD H. SCHULTHEIS THE LAND SURVEYORS EMBOSSED SEAL SHALL CAROL YN M. SCHULTHEIS NOT BE CONSIDERED TO BE A VALID TRUE a 19NOVOI ADD FIRM DATA COPY. 01R1073 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: January 2, 2003 TO: Gerard Schultheis 1640 First Street New Suffolk, NY 11956 Please take notice that your application dated December 26, 2002 For permit to make additions and alterations to an existing single family dwelling at Location of property: 1640 First Street,New Suffolk,NY County Tax Map No. 1000- Section 117 Block 5 Lots 6.3 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 12,017 square foot lot in the Residential R-40 District, is not penniitted pursuant to Article XXIV Section 100-242A,which states, "Nothing in this article shall be deemed to prevent the remodeling,reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." Therefore, the proposed construction is not permitted pursuant to Article XXIV, Section 100-244, which states that, on lots measuring less than 20,000 square feet in total size,the minimum required rear yard setback is 35 feet. The existing single-family dwelling has a rear yard setback of+1- 12.3 feet, which will be maintained as a result of the proposed construction. The existing lot coverage of 14 percent will be maintained. (4.P _ Au •orized Signature Cc: File, ZBA Note to Applicant: Any change or deviation to the above referenced application may require urther review by the Southold Town Building Department. CTTT. `4`,d.� yv _�`*.kY:.. . _ . ,�„. • L•- •'0Y�i 0, 4, -. 7 ``+i<• g n•-fid \IV +�. ' , - '4. •;+, • J •• w ..:0""*17r_._..,r-._.t;-::- -_..'"--i-'127-_ -- 1t�•3-,4"— -: _r_•�-,,,./.7.- - ._ .. - ••• ..tit)* -1 Board Of Southold Town Trustees •� .. .1 '~''` SOUTHOLD, NEW YORK m" . ;`` *'_14 Sept 25th,2002 , ;• :;,-54 .2 d DATE• ._...... - �. : `-• . '� PERMIT NO. _ 1 }' GERALD H. SCHULTHEI5„.,,. ., .. :�;v•.: _:.�. ISSUED TO ., 4�.- . ...v ..,5;76,1 ...; Autilorization Pursuant to the provisions of Chapter 615 of the Laws of Ltd., • the State of New York, 1893; and Chapter 404 of the Laws of the 1 : .:•; r,_ ..” State of New York 1952; and the Southold Town Ordinance en- , `` titled •"REGULATING AND THE PLACING OF OBSTRUCTIONS . -'.- IN AND ON TOWN WATERS AND PUBLIC LANDS and the :: r ``"_ '' '= REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM • 1 � 1-- . LANDS UNDER TOWN WATERS;". and in accordance with the r --� ` .�;-_Y�.:: ,• 2 5th `"�-.1---1;•: ":.,��`� :y , Resolution of The Board adopted at a meeting held on ..§.913t. '�° a'..' .' 2002 of $,200.00 • • paid by 2 v:...and in consideration of the suml Ilam' k ,t , • " : i.. : '�LGerald H. Schultheis _',� . :;,k of New Suffolk, ... ... .... N. Y. and subject to the •'' = Terms and Conditions listed on the reverse side hereof, ,,•, �. >4'' of Southold Town Trustees authorizes and permits the following: l'i4.".-.,„.> ,: ' ,-.: rl' •��- � 1 Wetland Permit to repair roof by reframing and reshingle-remove existing roof and rep ace �f �- � .• :� ::"' with new framing- drywells and gutters for roof run off.- material fence prior to and during _ ,� - a « construction - `'' \ ••�-ti' all in accordance with the detailed specifications as presented in >''A'" originating application. � the ori inatin a ; IN WITNESS WHEREOF, The said Board of Trustees here- -,r3 ` I. ': '`' - !� )' by causes its Corporate Seal to be affixed, and these presents to • ::-:•.e'' , \ h `: `` „ be subscribed by a•majority of the said Board as of this date. • :`. . ; ) J,>.: , :-( . ; Vil % •_;_� 1le C\CO Four; CD :A/, � air' *li a^ :• �� 1 O \ % Jami-._ ! C'(S �')\vim.k ; �fz- .a_. `'l C `.' L -' �* .1,,"K ri � 4. .(( i 7.1V/ '4,,,,7, • /1• .1 ,' �� Trustees ;1-. „ . ' V: e L/.to. rirjx_=.:. s'.{,,aC.'^' - '• ---r-'''- -7-::'''.7' '.t3-Y, 'r r r'• •f. �'•.0;4,;.,,,,,F ,L , • ge).- .. aft • • .',,-.•, ".`.., . , , '',.. :.•:,•:.% -..54„a+. 41-.-- ALt.:4.?„0.10.,.4 '. •k*,461,04,4&1,*41440.,,,,e' ', t.-11,.„4, • ' ,4100-4112t ""..Str 4114k..0%).! .4.4)4V" -4-.3:. .. (.0os. 1 1 41r;4i1Yait745ti4;1:%61iYe;%aii;% :l6,:;ie.%6i:;iri:%oi:Y6::i611;%i:41V76ii. .'..Ldii^l6i::i6,::r6:::niS:rC'is.r6:;[4C:iii:a6i:;l6:ae:is::r6:c4i::/6:::/r•7:%6__ --'q:176:::4::4:ir6::,r6 t:4;,ai:::i6`::11::raL:rr3;ir, k. v TERMS and CONDITIONS - The Permittee rertld Schultheis ,residing at 1640 First Street, New Suffolk N. Y., as part of the consideration for the issuance of the Permit does understand and presale to the fol- - lowing: - 1. That the said Board of Trustees and the Town of Southold are released from any and -• • all damages, or claims for damages, of suits arising directly or indirectly as a result of any open- - atioa performed pursuant to this permit, and the said Permittee will, at his or her awn expense, defend any and all such snits initiated by third parties, and the said Permittee assumes full liability = with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold = ra 2. That this Permit is valid for a period of 24 mos. which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request -, e for an extension may be made to the Board at a later date. _ • 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes - 4 to maintain the structure or project involved, to provide evidence to anyone concerned that auth- alz . orization was originally obtained. li 4. That the work involved will be subject to the inspection and approval of the Board or v. its agents, and non-compliance with the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board. r v.v. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. • y7. That if future operations of the Town of Southold require the removal and/or alterations _' v- in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, yupon due notice, to remove or alter this work or project herein stated without expenses to the Town g of Southold. - ,A" 8. That the said Board will be notified by the Permittee or the completion of the work auth , . • orized. r9. That the Permittee will obtain all other permits and consents that may be required sup- y plemental to this permit which may be subject to revoke upon failure to obtain same. T i i • 1 'P.I.V. J::\%-�.:1: J:9!.l.J::\1J::\9J::1�J:".`-i"l::\9/1"...\PJ::l1,::;9J::\,OJ.:I_\9/::\1/::1,J:"!"::1tJ,:��J.";:,,,014:,ltJIt/::ir/�tli/::tri:,keiv.•.'"„ J .. "\OJ':t1.::t•.. 1.•-:. •;Iii"\t/'•l�/�.1�•'tt!',\�J':1�/:1�/n\�J"�:"Itr.:�/.. J:.tt::\�/.. Gerard H &Carolyn M Schultheis PO Box 299, 1640 First Street New Suffolk, NY 11956 631-734-7265 ._ March 27,2003 Town of Southold Zoning Board of Appeals Town Hall Southold, NY 11971 To Whom It May Concern: We would like to take this opportunity to provide you with an updated drawing showing the scope of our proposed addition.The drawing presents the concept of the addition.The addition will be completely contained within the existing building envelope. Sincerely, )"Qiik; ,e'-1A0A4 • , // 14e- e 4, ()-3 Gerard H g Ca •yn M Schultheis RECEIVED MAR 2 R 2003 ZONING BOARDof APP ALS ELIZABETH A. NEVILLE `�����® ®GZ�• Town Hall, 53095 Main Road TOWN CLERK o P.O. Box 1179 ti Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS v' MARRIAGE OFFICER ®4i �����, Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER _ ®1 $ �io Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ���' southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD • TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATE: February 12, 2003 RE: Zoning Appeal No. 5296 Transmitted herewith is Zoning Appeal No. 5296 of Gerard H. Schultheis for a variance. Also included is: the Notice of Disapproval, the Application for a Building Permit, the Board of Appeals Application, the Transactional Disclosure Form, the Questionnaire, the Project Description, the Short Environmental Assessment Form, a Survey Map and drawings of proposed construction. 1 c. 6 .03 q_.1 .4 ,z / _a,..,,,,? s..,-X--) 0 0 . L('7)4 , iCi& FORM NO. 3 TOWN OF SOUTHOLD .SAN 3 BUILDING DEPARTMENT1 , SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: January 2, 2003 TO: Gerard Schultheis 1640 First Street New Suffolk,NY 11956 Please take notice that your application dated December 26, 2002 For permit to make additions and alterations to an existing single family dwelling at Location of property: 1640 First Street,New Suffolk,NY County Tax Map No. 1000 - Section 117 Block 5 Lot'6.3 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 12,017 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-242A, which states, "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." Therefore, the proposed construction is not permitted pursuant to Article XXIV, Section 100-244, which states that, on lots measuring less than 20,000 square feet in total size, the minimum required rear yard setback is 35 feet. The existing single-family dwelling has a rear yard setback of+1- 12.3 feet, which will be maintained as a result of the proposed construction. The existing lot coverage of 14 percent will be maintained. AI lir / thorized S a - Cc: File, ZBA Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. L HOUSE CREEK SCHOOL 0 N 87° 37, 50" BULKHEAD BULKHEAD IIS, n� - EL WOOD e — 8 6 P -,--) DECK 07VEREDI O \G `cV W/RAILING WOOL / 4 O • (1 �-p- N 04° 45' 10' W = 11.6. 28 16..2 m 71.86' �. a \„.,- 34.86' 1 STORY -4•, :c: ccvAi N 8 ...$.0 „.,- 34.86' 'Sh C, '70 Y RESIDENCE N 3 49 9 p” — �` � \v W �J SURVEY OF FLOATING DOCK m F.FL. EL = 11.356.6 82.67' 'S �v 20' - c) DESCRIBED PROPERTY N 25' 33' W {���1,' 8.2 N SITUATE 15.20' I' CE `+ cd ^ WOOD DECK J N 0 16.3' W/RAILING O .�� NEW SUFFOLK, TOWN OF SOUTHOLD TIMBE , \ STEP \ L • C�J SUFFOLK COUNTY, N. Y. �, ,.CM 6 ) �l O �` - . BLUESTONE �y SURVEYED FOR: GERARD H. SCHUL THEI S CAROL YN M. SCHULTHEIS 8" 22 4' DRIVEWAY o N/F TUTHILL I y n p GARAGE N AVG. EL. =7.50 1-... •` O m� SURVEYED 09 OCTOBER, 2001 SCALE 1"=30' „-„S• IIIII 6.4' STONE (p . TONE • 83• , CO AREA= 12,017 SF TR49 p w 84,39' FD CM N/F SCHULTHEIS OR EL ED ROx 0.276 ACRES THIS PARCEL IS FOUND ENTIRELY ELEVATIONS SHOWN HEREON IN FLOOD ZONE AE-8(EL 8) ARE IN 1929 NGVD. SOURCE -- SOURCE: FEMA MAP No. 36/03 C 0501G BENCH No. 8 1933 EL. 5.69 DATED MAY 4,1998 - N SURVEYED BY ' GUARANTEES INDICATED HERE ON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY , TM 1000-117-05-46.3 - IS PREPARED, AND ON HIS BEHALF TO INE STANLEY JSAKSEN JR. 717LE COMPANY, GOVERNMENTAL AGENCY, , , LENDING INSTITUTION, IF LISTED HEREON, AND P.O. BOX 294 W TO THE ASSIGNEES OF THE LENDING 1NS717U710N. GUARANTEES ARE NOT TRANSFERABLE TO NESUFFOLK, NY 11956 O1 ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS 631, 734-5835 RCHA RQ �/ 1 L E T UNAUTHORIZED ALTERA710N OR ADDI71ONTO0F IS `r/O // 'AP Si`�` - SURVEY ISA VIOLATION OF SECTION 720 9 GUARANTEED TO Cr) ICE NEW YORK STA 7E EDUCATION LAW. /CF ED LAND SUp YOR I COPIES OF THIS SURVEY MAP NOT BEARING NYS;L L C 'NO. 492 ' GERARD H. SCHUL THEIS THE LAND SURVEYORS EMBOSSED SEAL SHALL 1 , • NOT BE CONSIDERED TO BE A VALID TRUE CAROLYN M. SCHUL THEIS COPY. i01R1073 ? 19 NOVOI ADD FIRM DATA - b Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/11/03 Receipt#: 0 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 206 Total Paid: $400.00 Name: Schultheis, Gerard H. P 0 B 299 1640 First St New Suffolk, NY 11956 Clerk ID: JOYCEW Internal ID•70517 'ia-,'TOWN-OF-SOUTHOLD _ <`'?; ` -rBUILDIN 'c' APPLICATIONS : `+ ` '�7TM DING DEPARTMENTflip .. `; _ f'- ' „CHECKLIST. ,:,, :T ., `.`' ;, :r.'`t,,,'„i,- ,,• :,,",' Do- ve�or need the following,before aplying?` ,,r ` - . ' . 'j. , , :,,,,-,,,,,,,;,,,,,,i,,, ,,„:,,,,,, ,.4.4,11,;- lc 't;. ,e:,.ileaiih .: mb:'N a.,,,,,..YY,J"'b`srin.,,, TOWN`HALI, : .: ,F.� ;'k 'F,w` - ;; : ..,� ,,�• $varii�ofHealth . ,,. ,�x�". .��,�_`,� SOUTH119 1. A : ,;- :. •v : :.; = ,r ' ' OLD °NY z,4,; .,,t,:_ s:'':.,,,. '' E: ns':% ` :,. •,:'1,, if , 7 3 setsof Building Plans -' -•; . TEL: (631) 765-1802 µ. , , , 4',"".� : '4 :.Planning Board`approval , ',-"' , `"ry;? FAX (631) 765-9502 ,, -. . ` I V; .. .,_ ;.;, ,C� ;, - " , „.: .,,•,. -r ,,p .,S, ,, , s �`, � =S11Ney;•a��,y,4'/ =;.t,,. ld..r.r �` s N., • '`'''` www.northfork.net/Southold! - PERMIT NO.. w;.;°'_--';", ; ><<`f •,,, ';,_'? } ' -K, F _ ;;-Check , . ., . , - ;°r;: ' • Septic F _. -'� -r - i _; .. :,:;,i r ' ' N.Y:S:D.E:Ci I'4.738= 6 5s '4:,''; f' ' ,Examined 20 Trustees 3k 2512.0' ,? .:, t r' Contact: tF. , :;T • , i 3,j Approved 20 t' „3r.,:;7== ','"';b;#.:f, .; *-.;�3' _ Mailto:GTe.rsol Sci 4c..e . ,:r i il,,Disapproved a/c:. ! L , , .r; • t, - ., , . ' i.r - "t '3�t''-' - _ , i''},IP° `` .,r - ., �';4.':�,'s,:x`, j ��x,2q 9:j��a,,S���,I�x NY'I 15 n rrF`,.. "Phone: '631-,73 ¢=`7265 ' :-:,-..,,,,,:,;:,iii,,24 { Expiration' ' ' ,20 ':' • f • , •:.; R,, �' -V: ' ► i;•`' Build Ins ector,;'• .. .�;'{ ' :•'-',.' xs s, is 1 ,. ._ g p jt ` > rx ,G: , .,1' 1 '!(� - M1J'�..j .�.i" 4i''r<'t.v, ,�:Ai'. ....,." _,, CATION FOR BUILDING.PERMIT '.'r` ' _ t.F'y-` .` "' ' '' ., 1 - " - 1, ,ry; ,�sx,:'a: ;•s`'?. ,,..•„- ., `'iia • , , =`�r 4° • � ;:fir Date QGewil Ler' '''''''''.2b.'''''. . 2'6 , 200 Z,r INSTRUCTIONS '':'''''''.1", ,,i''''''' ''' ,,. r' ,” ,,„:'h=k` ` :;_=" / , a.This applicationbe completely filled in byt ewriter„ ;; . ,-,',.,,.f; "; . .. .,e��;�'_e”' ' -.6-,-',',,„e-..:,i'.1' ,h�, ,�z -:. MUST yp or in ink andsubmittedto Y ~ °. : sets of plans;':accurate plot plan to scale.Fee according " the Building Inspector.with.3; ;-;=;. ;,• " to schedule:. t',. � ,�._,�� ,-4_': `.� -„ �., .;�� :' ,�;t, b.Plot plan showing location of lot and of buildings - i6 ' ~r ''' 'µ``' " i ' 1'" h A= . . .,� .��'.,<,:`. :�_�..,,_ ,;Fs.�; w��,�,-, =;fry" on premises,relations to adjoining or public ,',r.45.).,i'.' r:'-,,v.:12, ,,:;,: ;, ,areas,and waterways. - ' • , , c., ' ming premises .i streets ora , ;•_^_' i`. :r c. work red by ,', < ,'„',g.:, s;'t; ~s, . ,f' : ` :'' '`. f� t70.;.w•')”"„ _ •,;...;,-;t44:(;/,:.,,••, A- ; The : t; ..•:::', 1,'',.. ; „ u " cove applicationcommenced { ' ``' - I:„ of this app may not be +before,issuance of Building Permit.: - '?..-' `,,,,,,,,/,';,,! ',, ; r'. ° . d.Upon approvalthis application,the Building Inspectorwill issue '`"-••.:,:.,„f..,,,,"4111' ., all beon thepremises available a,Building Permit to,the applican ch rmi ,sh kept for inspection throughout the work. - • .s ;,t..Su a,pe t, , ',•,-7•:' ‘ ''' � e.No buildingshall be occupied � � '•:',.• ` � �•° :`,-,--•,';',:,.-_V f, ,{ . or used in whole or in part for any purpose what so.e,' thB � � ` , s;.`,. -,issues a Certificate of Occupancy. , - t ;_,'_ Building Inspector ''' 1.,•_„,., - tf :,, r;u,') �i-:=..:,� ,. ` .�'j.r's.�e. _ ^7 k"- .,.4. ,.-';;. �;k.�'�� i� Everybuilding permitp - , ,•-:'-',., ",,- .,:,'.1.4%-''',.i,".' <,- shall expire if the work authorized has not commenced within 12 months-aftercthe-date of` ,1`. "'issuance Or has not been Completed-within months from'such`date:If no:zoning amendments,or other re ations affecting �� � ``. k'-','''''', €°.property have been enacted in the interim,the Building Inspector may authorize, in writing,the-extension of e' ermit b thef.`,,.,,`. ,',:FFaddition'six months.`Thereafter, a new permit shall be required.;-, . ',•-i-0 '-„,,,t''';',`';',` -'i' .P for,.an• •y;';: j, ` APPLICATION IS HEREBY q � Y� ,~.t-`:. • ;;r.,.w�� .'�. :,,k..;,,.,,,,, -..,,'r,,,,, 1.11-r: ,• , _ '�>.,.:- ,:� MADE .��°,..,'-," , .�. , ..,., „$-:� <3�,•u,. ,,,�',a 'f;ra..;.�:` ����'�.11;11: to the Building rv' ' ' g Department for the issuance of a Building_ 5 "�''=.BuildingZone Ordinance ' - Permit ptu•suant,to;the,:. ;:z-� ;„-;,l of the Town of Southold, Suffolk Count New Yor and-other applicable Laws,Ordinances-or, ;': =��r::=;;...` , I Y�. k,. ii Regulations,for the construction.of buildings,additions,or alterations or`for removal or demolition as`herein described.They;;;r :,;; �,. f:_",;;applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and re lations and to a :authorized •,'.,41,11.;-� ; inspectors on premises and in buildinginspections.' dmit`-`,:,• , r=`;;.- •• �: , for necessary,ins �. , : . r , .,_ _ :�,.�• :f .';;'��;;a�°5 , ^0 , - - ' , '' _ -i , ,i'„ - S-l' a , ,'.,,1„p .: , - .A V7i . .•'}. .`^�y''kf �t:'.t';jrC,' - :y"" � ' "'";d:2;^ `�°, % �, , , 4;.. 411, .i,-y' . �'+a h• t - ' . „}Y 4 - - i `, �'`.. ':, +i}',.'., ;:. (Signature of applicant or name,"if a corporation ,r''" ,.. x 9'lV 5of1Li`A�} yYN,`:..,�. ,7i,9 / -1111,. (_,, s „ (Mailing address ofapplicant) •;>$. ;.� j�'State whether applicant is owner, lessee, � � � ., F; = i " J : � '°` '` .` • ...�;'�'�..y-.,F�_, ti. :4 ._:. „ agent architect en e'” engineer, general contractor,.electric O , - ian,plumberor,builder"'7 = ':_ i, caner' _; .{-: . ,x, ,,_ i. `Name of owner of premises ' 4 5, ,14-1„1 t ' . '; 't :. ,p„.... .)0 . -f,�'. I M 'If applicant „ „ , _ . ,-, (As on the tax roll or latest-deed t _ _'' -' -- 1` ---` -4` ,-;-,4.3.4:4'...',r` isa corporation,-' )- ,,4 , ':..>>,:,;.',:...11=1.,1`; L4': :>.,; •r,,";.t'a . orpora -signature'of duly authorized officer - -- - '.- ':,'• ”` °' '-` 4't - - " - - 41.1 4, ,z ,- v --,,,P;,4,;,4 r (Name co orat r_ . .=4; ,'- a-:,';, , • and title of rnrn e Officer) ;Builders License No. , „ ` ' • ` ' '--;,:',..e ,' ' Plumbers-License No.' , , ` • .e _ '=: ,-,, , •_„; ,:,:`.: `�` Electricians License - - ' -;`' �- ,_ _J; , r'' , ,�- ' , •h',�,_ ,:,, . jx. .•!:`,_::tai,,,:,,,-',.:. •Other'Trade's License No. ' • , - k :; _ '•-;,,,p; • • 111;1„ ,z ' „; ' -1411 ;•`r,,''., of land , ,wt 1 'Location on which proposed work will be .. ' € , w1n- '`s; " ; -,; `� Pt }� done: .n= Si-pee/17: „t ,..,-,".;;-',,.. -',.T,,,,,',, : House , ' ' /".�W .. , `..; ;'r„ Street k ,...1;'y'`r`'." : ;``, , Number t: : ° ° ' Hamlet • - :r r�°,,,,;. a;,,,r;� • 7;, x�bi'; • County Tax MapNo.'1000 , ,,;` ,.„ ,,,,,,,--.1.,4•,,,A.,,,•° Section 17 0 5 `d r ''' ' ” ;:`r:'' ;, ' .. ; Block r �,; ,,,rt;4, t:.,`" r :,, MA` -' Subdivision Fil M Iatf•,, 3 : 'S. p No. ,T, ,,;ltd,y„$„ (Name) ",ab °': ' 'ori j p. s'~ .c- m r ; -` , ,,_ - 'S ..s! ''' ''';.,, - f',,V-1„''-' '`u';. '; , + . • - JR AS•ryNcc,` ,,, r ',I. 1 I, N}`L e . - . li , "! `.C,k`L s " v'.'•,-1,, ,`, ?°.`, ,;Fw.x'Sfi!� 2:�'' t, e _„'mises and intended use and occupant., -:proposed construction; r , '" State existing use and occupancy o.�, , a. Existing use and occupancy Stn '(e .r..� I ` _ 1 S - _ Its' h. sF.--":„''i,1=''`,�'9 . b. i n Intended use and occupancy' 'I ; !e e t ' e `3: Nature of work(check which applicable):New Building '. Addition 'Alteration ' ✓ '.w-•` Repair -. V Removal . V- Demolition Ot er 1. . • - --i: , _ (Description) ; 4: Estimated Cost kil I g�000 Fee 4' `"';``` _ L . ,., b (To be paid on filing.this application)` ,:,,�,"`,,,,'. 5. 1'If dwelling,number of dwelling units I Number of dwelling units on each floor, ' .,1 ...` } If arae, number of cars , --` a ' garage,, :° 6. If business, commercial or mixed occupancy, s eci nature and extent-of each typeof use. • " specify �'P , 7: Dimensions of existing structures,if any: Front 14'7.. z`;' ' t-'Rear 7 `Depth - 6 0 „ • ,r,,- - Height 17'-0Number of Stories / • ' ,' Dimensions of same structure with alterations or additions:'Front ` f ¢7 ' - ' Rear 1 7 / :�'3 �0� , . ' 'Depth ' Height 30 � Number of Stories ? - ' Dimensions of entire new construction: Front - . ''r - Rear ' 'Depth, t " '• - ' 8. ' - w4 Height - Number of Stories_ _ t `} yF: ;t,.,4 7 "i if ;i., "in. :; l ":,;:,:.'f,;;-4.- — ,- 9 (Size of lot: Front 4.3 q / Rear I Q �5 Depth '� 110 ,j f cI2oi7s. ''--_,;1,;;-,c,;-,-:.;,4:-';,;:,; - *-10:Date of Purchase//f I L1 i q8 7 Name of Former Owner Kre- ' ' J•r:11'. Zone or use district in which premises are situated 1 ' 'Ar.nL cy - ;; ' ' 12. Doesro osed construction violate any zoning law, ordinance or regulation? YES NO i. V ',..,,r?..-...,,',_ .', :';5 ::1--;,,,,,i,',-.5,:-.! P P ` 13.Will lot be re-graded?YES , NO�Will excess fill be removed'from premises?-,YES ^___NO- � ` '`yh, ::f j�, ',-t,�4' 'y '„ r - - ` . . ; ,%' S.it"'£''.'4. - t. .i tr , N ,.V,` :' f f,"`•,. - ' ' ' ;:%14.Names of Owner of premises Ge.rr,�l-I-1,5cl'I4kZ Address PD 6o''29`I` - 'Phoine'No.'`13I -73*- 72 6.S'"-a ,T,',.:''',:',:';''' Name of Architect . '' - ' ."' Address.'"' L T `' ' ' ' ' Phone No :''' t , -, ' " 1211 '°Name of Contractor ;r,; , ", t : .,4. _F. _ . ' _,. _ Address' Phone No.- �, 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES V' NOR ., ' x h.,, *' `* IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITSiMAY BE REQUIRED::Per,„.:1- 51 ZD ,- ,,,...',0','4'` b. Is this property within 300 feet of a tidal wetland? * YES V NO `--• *..IF`YES,D.E.C. PERMITS MAY BE REQUIRED. Porr,;.A.4- I-'J-738-00 6 scf 0000 3 -_ ' _ : - ;16. Provide survey,to scale,-with accurate foundation plan and distances to property lines. ,. ' - :. : ' '"„'`r • ','''17. If elevation at anypoint on ro property is at 10 feet or below, mustprovide topographical data on surve . ' - P P YY ; „ STATE OF NEW YORK) - ' SS: 'COUNTY OF ) .. . - , , , ;;, Ge.r 1�I . G LI 1 e 1,5being duly sworn,deposes and says:that(s)he is the'applicant. , ' • - (Name of individual signing contract)above named,- . - `' ” ` ' t`` ,t' (S)He is the , ;' (Contractor,Agent; Corporate Officer, etc.) " ' Y,• ` '` , ;' ; ' ' ' . -1' . -:),':.,,71 of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;•, . - that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be:':' '''<,t.,i, ',. performed in the manner set forth in the application filed therewith. ' ' - ` ' ' -, „ :-,•„-., ,,-,.-,.,1,,,,= "°- ' ,, •.,ma ,,;1,„. Sworn to before me this . ("� ,r'M1F4. aPi day of C}I-e- 20 O61- :...`^. ;el;.r' -j Notary - - ` ` f'4.: Public . • -..• Si •ature of Applicant '� ''''” ELAINE M.DOMALESKI .r_,,, ' Nobly Poet,State of New York . Qualified Suffolk Count, . Commission Wires/Aupat 1, De(p ( �� 1 .4.' fi.,'`a1 /i.l U/n t e -/1.",,.ii,-, 0`/1f`J��Cao�,Lif - ,- • •a, ,, ._.,„.,._................:..,.--, _-27...°0- ;,;,,,-:.,-,-.- ---:-,.-,.,‘• - - .....-:;;;;;,-.'4. :-- •-----:'1'7' ---_,:::- -----,--7.7--r- „!-....,-,-,azi-:-,:;,.:,-7,,,..--.•.f.- -7.„7,---__-,_---,,,,.:;,,7'..--4-?,,;',tTi..- -7,-; -'-f,-?.*•: 17-1-7---'ft'"--.; ....,a,,,,,,..:,:,,;-...- -...."7---.,-4-., ...-7 ,_.!'.-..- .'•$,V, .,.,-,;,--., 4:74-77,-;_, -..,',14-77,:f.:.2: -.-1-1- ....;.',.1q ......-F , -:%-:1-c!-7--7-.Q''''-'''.--.V--1.,-;:-.-::-,-,''":-.-'',--- - -7. T.I''''''''-z-----a-,-""-A ,'"--7 --'-').-, :-.--"'`---4-%' -----r-- . , . --- 06-06-0 t a 1 N 285.300 SEE SEC.NO.L10 .- LINE fC 1 MATa4 ---Z "1-----T----1-1--1--------1-----1 alliginc311"E" I . alim. \......-• B 47 74 1.1c) 18 l' 9 ,b IM SEE SEC.NO. 110-8-034 tj•cf a ft ,1 an TUTHILL L/Ald 5. an • as # L9Afct / ; R • l\) RD. (so 114 d( u) 4-4ErEgint f-,,N au lir.,- ,1,31V. --- its : 4.2 oh 4.1 L8A # raw iirm , 'to 2.3M0 FOR PARCEL NO. Ps 16. 17.4 SEE SEC.NO. --ma- 14 116-03-001 if3- prierglejar - LlACd _ 18.1 ' c0 ' NO --- sn Ils i d 1.1Mci 1 13.111116, 6 0.411FAjter t 0 :as .11114101111101\% 2.8A . rr- ns nsce ; • so 4, 34,:41/Nr teRco:„16:731824(c1:7-3 A-. .L127A150(511 E likilh P. 8.4 il VIM 1.42A4(0”. as SLLI1A.? Li j n - . k 12.1 7 . ' 18.2 i E 34 g .6 r s i. 13 ',.. At' (-- I 1.5Afd la • ,,., a" .117%;'' 14.1 CUTCHOGUE HARBOR . . .• e---j:(r-. , Ng . 2, ,,.,. ?. ..17 6 21.54, 00011111 .414';29.1 4111p4at, _ 15 a Y 301glit 20 5 u, .• urn. lilliAltgl 1 22Atc) 1 .:.. 22 ' ¢, 11141AIN .. 50.18 23 0 • S y. 21./ 4tili Is. 5 (,0 \ 1..31M0 412, . .. Ca j 17 4 no CC :.:. In sa % _--2. '" rob fuNDERA'ArER UM . 5 C-14 'U C.. T.H-E. (% \ C... . \ ,...1 5 2g (501 -t Creek . • Heys° , 140 ..i,Ft19\D.: 211:0 soss2.- --- MI R1.1::'S 111.) p, CO) Sard Dm 4g6D 463 _ .4. 14 . s' 9 Ram s 22 ' ia an o IN ' 2.2Atcl ''' :a 'v--...-Icc):41 . FISHER an a ''Aill''14: cricsiCi'l rcr,inii." - 211 E 3,/ inlurillatt,4 ,,, a p 1 IIII 3.1.16Ato :501 l'''',._i • ot 1.61:40 u 217 . 8 1 100 Eic\. 4;1 .,INA - -`=1--s _ 00 Sill°RDIMItt 23 2 5 13.2 13111111111,50,) "Mt 30 8 ifl P: Eiii 2/41'ai.citVI:Hati st 27 SCHOOL g VI meri• a " 3.4Ma :Sill. :29:13"Er31::1111'1S1:::7.17:i is '', -1.4 7C5 11 I SEE SEC. NO. 133, 5. IS s DIV... ' ,...:-ma ''..-••....,..2-J.\ 2.-ualcl \ y 11,51111111.'. aco E 4 g NEI suFFOLK -. irogwAsi E is 3.5mo scow)t 1 i 7K6..02URIO:6.S.6 .. rising • Ds51' ,. e.. re C.I,L5 2 ,,, „_,.., S t„...... x 0 1111110 . . isz .., ,.., n .7 Q„, • 9 03 i .1 ... ,...,. 1-24. scum f---- /• ---------) i.,A g ., . 11 (50, say 4144:41Acl 1 8 55111T. ..„ is•2-5111-7is ,„„D„,„,.. .... ...i NEll SUFFOLK AVE. an . • 2 ‘" 4296 , ls e. , , I. r ; 21 --------------'---/---7---\ LT' .• 19 e r 3.3tdo 2:50 ..--- 2 5.1 5 7 g 8.1 a 2.6Alol ' 2% a201.1 25 SI _-- 2 2.9AIG g 14 12.5e1 no ta iso , 1111 1.3A(c) 5111 „co.. • JA.,soN sin- a J. e 3.1A: 3 (501 2'0.2ST' In'T i.2231a ;2.1 0 . l 11.3.,,,A, . 171 2.12714 '" 9 .131111 ,10ri ,20imp21.50 i soluEt!Nouti 1 l'. .....,,z,.. 12.4 as .t -------------------- P 4 3.4 414(1 a n . © ;• 1 21.4 • 1% ..0,;,. 111 ,.1 :IP.. _____:;-_____-/ -- SHOREUNE , o a• ------------.,_----.---... -.. .... ___________________.................fis."11 .--- .1---- ------7-1------j-fi*. - ---- BAY _-_.-- PECONIC ___--- N 281,500 &. GREAT N 281.900 r2 I F, SEE SEC.NO./34 -7 a ,. . I L Porto..RI LIP Stbrhbko Lot lb. no, BLIP llolt ....'• SOW DAMP LAP --SC,- Want Dalrlot LAO --11-- UNLESS DRAIN OTHERWISE ALL 1 PROPERTIES E boon.Canon Omer -m - 9Hrbleto 510,8.4018 lb (21) ® 2b,,Do,,,b4 Lt. --F-- Mon 111strIct Uno --R-- ARE WITHIN THE FOLLOWING , DISTRICTS, NOTICE COUNTY OF SUFFOLK 0 K FaIN°F SOUTHOLD SECTION NO E '9 110 SCHOOL 15 _ SEWER ' G we,No.- LNNO MAINTENANCE,ALTERATION,SALE OR ;a. - z4t gji.;Real Property Tax Service Agency Y 51.0dNalon lot Lira Deed erokP Mlin --I--r Olelrict libterkdOlerkt Um -HST-- FRE 29 I HP:PANT DISTRIBUTION OF ANY PORTION OF RE In. County Center Riverhead,N Y 11901 CHTOPPIE mum EF E 45 WATER , LA. --L-- Albukro,Oblrlot Urn--A-- USIff SUFFOLK COUNTY TAX MAP IS PROIMITED '. . 117 N Strocre/Shwa ""--.--. -----s saw Obanstn Pl• PAM( 90 REFUSE I •AiLA, '4, D Patellb. 23 anm Area 12.1 ACcD or 12.1A T."'IP ----7-- Port Mild Uno --P-- wananater 11181flet Lb,-NW-- AMBULANCE NASTEITATER' WITHOUT WRITTEN PERMISSION OF THE • 53'717;1!. AP 0SCALE IN FEET:H.1 HO A ..,_ REAL PROPERTY TAX SERVICE AGENCY. !II P alsFREF 4° 1000 CdoJato0/rep 12.1 Mc)-UPAR UP •,,.3.7'-- &Nor Metier Uno --S-- GREAT PECONC BAY PROPERTY MAP , -- -- - - ------1- - -,- COW/ORION DATE: Oct.14,199/ I e -1 r. ____ _ _ --V...--_ -- - -', t.'--,--, ..:-__:... :_,,,--,:,_LILL:,-,_ ,: ,„,_1,, , S,,. _-„,1, I -f..,:: 7 ---e-,--...----,.....:.,- ,- - • IC r 4' COUNTY OF SUFFOLK 1, ll �� �Ar LL , r %, STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING February 1, 2005 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)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Schulteis, Gerald& Carolyn o 5296 Boyajian,Inge; Villanti,Bryan 5540 Rose, Gary 5583, Arin,Risa 5608 Villanti, Bryan; Olsen,Leo 5609 Torell, Arthur 5610 Detrano, Salvatore &Margaret 5611 Jordan, Thomas &Annette 5613 Gouveia, John&Joanne 5615 Dickerson, Charlotte 5616 Schulteis,Ellen 5621 Scoggin, Lindsey& Shelley 5622 Kehle, Grace 5624 Barth,Barry D. 5625 Carroll,Nancy L. 5627 Very truly yours, Thomas Isles,AICP Director of Planning _ Andrew P. rel- g, Principal.Planner APF:cc G.\CCHORNYIZONING\ZONING\WORKINGILD2005\FEB\SD5296 FEB LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR ■ P.0. BOX 6100 ■ (5 1 6)853-5 190 (00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 1 6)853-4044 ,i.�.. ,ile's FFOL4- Office Location: � ��i0C'O Mailing Address: Town Annex/First Floor,North Fork Bank ky 53095 Main Road 54375 Main Road(at Youngs Avenue) /�� P.O. Box 1179 Southold,NY 11971 t y ��9/ Big ,0'/ Southold,NY 11971-0959 101 ,,... . "" , i0 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 January 24, 2005 Mr. Thomas Isles, AICP Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZB Ref. No. 5296 Action Requested: Additions/Aterations; Rear Yard Setback Within 500 feet of: ( ) State or County Road ( x )Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing/Proposed Village, County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures • S .' l P • ---. \. -�e X1,4 -) FILE UPDATE DATE: O 1.1 ZBA FILE#AND APPLICANT: ,Sa(o y -- a e- /d.,), NEW INFORMATION/FILE UPDATE: 44-ig-te.Leisii Date of 9//rn V /f/V,AZ Statu at Hearing or Other Review: (:±H4-4tf it-e-erYt-- I- 6---Z;11 ,L.-it,4 , j, , ,i 7/29 .6 V) Items Received: 61,i- 7 /c/d it /i"' , /.S' .- / / ,,_ ., 'J_,, , ,, cbte te\-14- 4A.Ay 1.1-e_Li-42.17 al/ /.4_„tztera , , Other Items Pending Submission to ZBA File by Applicant(s): (...)t-tw) 1. 2. 3. p171 a M .00.000.0000,1,0001111.111.1.11111111"ii•,,• - arm," ........„ µ • r ---97 , qv w . MYx .,� u _ „At. v.-4,,,' 77 . Ec R - . \ , Iry • . ,. $ I11)Hr ,,.. i 4'--0, , { E[ litgliiiiliai _. 11 ,:.. n�t ..) I I I.1.1* 0 i i,,..H,..• --4, I �.. -- +•-ate„ +�.�wrr r `, - ,. • , I ' ". A. 401 S �' • 0 .„ .1 4...--. . A.1 ""NX, ., y IIIt 1 t j i - ' ' j/-17 1i l iii !'F C iirp :. ' • 114 "* r % N �, 11 . / _ w / If 4 MI 1110 i w Iiiiii,, c. ... pi[L, , _, , ,,,,„, • .. .. .. . x J r , It 4 �t� . ( L �) 11 (C16Lt ( ,c,r.. f y \ � . ., .y - t .,�j jjj. • • ' tfe' . - ' .+ " :,a-- It ., Litia -- -- 4. velit 4,Iii-..-. %or:- - - - i t • ma as-,,JA1,C -__6-) z-1-et q c4-- -?-id/o, , , ,,11/°/_, 1111111.111111.111P111.1.--- 9 _ r� } .� :4. . I -- .. ., { : " : 1! _ e$ _ j CO TAC S A CONVERSATION LOG �` _I./PERSON/) PGROU /L,� � 7� �� zatrePAI ADDRESS 1 NAMES DATES MET ti-7,-, • • mss, TIME/ FOLL¢TIE�I't?Era�ES DATE DISCUSSED REOUESTED.PROMISED Q 1. 2. ?..-7-i---- A., - (1 ,,, / ' 4,, 4 i D•:...3 6 l/n it. ' � 3. 4. 970 l %�� 1 ; ; , � /, i� ' 1 1. Z. 9h/ /a%30,/9--/?? .011rr?� 3. 4. fr 1. 2. 3. 4. 1 1. 2. i 3. 4. ,-. ^ , w.. rysc,- - ^1"#,1' ',)1,,. -,t .}'.?•? :rz-" , `y;u,J>>,s,e , .. 3. 4. • 1. 2. 3. 4. , 1. 2. 3. 4. 1. 2. 3. 4. 1. 2. -- 3.- 4. 1. 2. 3. 4. 1. 2. 3. 4. 1. 2. 3. 4. 1. 2. 3. 4. 1. 2. 3. 4. I 1. 2. - 3. 4. 1 A V ✓ / " 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS �`i"ti COUNTY OF SUFFOLK STATE OF NEW YORK 3,( 3 �. ��/ 4 X ?cue c�y� 4 � X 5 TOWN 0 F SOUTHOLD 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 July 15, 2004 12 9 :30 a.m. 13 Board Members Present : 14 RUTH OLIVA, Chairwoman 15 LYDIA TORTORA, Board Member 16 GERARD P. GOEHRINGER, Board Member 17 JAMES DINIZIO, Board Member 18 LINDA KOWALSKI, Board Secretary 19 20 Absent : Board Member Vincent Orlando 21 22 23 24 rORIGINAC 25 AUG 2 6 2004 i E. • COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 35 1 2 continue this on August 19th at 11 :45 a.m. (See minutes for resolution. ) (—) 3 CHAIRWOMAN OLIVA: Next hearing is Jerry 4 Schultheis . This was a denial, a building permit o construct additions, alterations to the 5 existing building. It was also brought to a lawsuit and it was remanded back from the court to 6 ' us because we have a new member, Mr. Dinizio, and I was absent at that time and had not had an 7 opportunity to view it or vote on it . So we are reopening. Is there anyone who wishes to speak 8 for this? MR. BRESSLER: For the applicant , Eric J. 9 Bressler, Wickham, Bressler, Gordon and Geasa, P. C. , Main Road, Mattituck, New York. 10 I'm a little at a loss this afternoon to understand exactly what' s happening here . I heard 11 Ma' am Chairwoman, that you are reopening the hearing. It is my understanding that the purpose 12 of the remand was for reconsideration of the decision of the Board, and I am just a little 13 uncertain as to exactly -- CHAIRWOMAN OLIVA: Being that Mr. Dinizio 14 and I were not present the first time, it' s kind of a reopening so we can hear testimony because we 15 did not hear it before . MR. BRESSLER: That' s not my 16 understanding, and for the record, I'm going to object to that particular procedure . Nonetheless, 17 if the Board is inclined to do something along that line over my objection, I will proceed. 18 BOARD MEMBER GOEHRINGER: Why don' t we understand exactly what the court said, and then 19 we' ll go from that point . What is your opinion for what the judge said? 20 MR. BRESSLER: My opinion for what the judge said was that there was no support in the 21 record for the determination of the Board. BOARD MEMBER GOEHRINGER: Now we' re going 22 to give you support . And whatever the determination of Madam Chairperson is in her 23 opinion on this situation, she was not present . Now we' re going to give you support . We' re going 24 to give you all the support that we are going to need to determine if it' s going to be as the 25 applicants want it or as the Board suggested. MR. BRESSLER: I understand that that' s July 15, 2004 36 1 2 what you intend to do today. All I'm saying is that that is over my objection. That having been 3 said -- CHAIRWOMAN OLIVA: Proceed. 4 MR. BRESSLER: What I' d like to do is to incorporate by reference the proceedings that were 5 previously had before this Board so that we don' t reinvent the wheel . So that' s the first order of 6 business . CHAIRWOMAN OLIVA: Eric, I' d just like to 7 hear briefly what the applicant' s position was . I didn' t hear it, Mr. Dinizio didn' t hear it . 8 BOARD MEMBER TORTORA: You were only absent for the decision. 9 CHAIRWOMAN OLIVA: I was absent for the hearing too. This is the first time that I went 10 down to view Mr. Schultheis' property because I was absent for the -- 11BOARD MEMBER TORTORA: Madam Chairman -- ASST TOWN ATTY CORCORAN: I think your 12 request is fair to incorporate the record below from the prior, I think that' s only fair. I think 13 it' s also fair to have a brief explication. And again, I don' t think that' s prejudicial at all, 14 but your prior record is what it is and will be part of the determination. 15 MR. BRESSLER: And whether or not a court decides, it' s more than that remains to be seen, 16 but given that objection and reservation, I' ll put my client up here and have him describe for Madam 17 Chairwoman and Members of the Board what this is about . 18 ASST TOWN ATTY CORCORAN: I think that' s how we should proceed. 19 MR. SCHULTHEIS : My name is Jerry Schultheis . First I' d like to give you the 20 affidavit of sign posting. Here are two copies of the testimony I will give today. 21 Basically, the subject matter I will go over today is primarily in rebuttal to the 22 testimony that was given - - MR. BRESSLER: Just by way of 23 clarification, what' s been handed up is the document bearing the title Zoning Board Hearing, 24 July 15, 2004 submitted by the applicants; that' s the cover sheet, and it consists of a series of 25 written submissions and photographs and documents in support thereof . I ask that that be made part July 15 , !2004 37 1 2 of the record. BOARD SECY KOWALSKI : Usually we require 3 seven prints, would you be able to send us five others by separate delivery for the record so each 4 member can have their own color copies for review? It doesn' t have to be today. 5 MR. SCHULTHEIS : Is a total of five copies required? 6 BOARD SECY KOWALSKI : Five copies and one for the record, six would be fine . 7 MR. SCHULTHEIS : The remaining copies will not be in color then. 8 The document that was given to you contains evidence presented to the Supreme Court 9 State of New York regarding the Article 78 proceedings brought by myself and my wife, Jerry 10 and Carolyn Schultheis, against the Zoning Board of Appeals of the Town of Southold as well as 11 information to refute the testimony of the Chairwoman of the Zoning Board at that point in 12 time . The information contained in this document 13 addresses item by item every piece of evidence presented by the Town. The following items will 14 be addressed in the document : The character of the neighborhood; the fire and emergency access 15 issue; the fallacy of the request being self-created; the environmental concerns raised; 16 the property constraints as they exist at the location now, and the request for the 17 interpretation of code which was originally made with the original application. 18 Just digressing from the material that was presented to you, what the project was is we 19 presently live in a house that has 1, 000 square feet . My wife and I, back a couple of years ago, 20 moved to this house full time after living in a residence with 3 , 000 square feet before, and 21 basically we have one bedroom, a very tiny bath, there' s no bath tub in the entire house, and our 22 desire is to give ourselves a little more living room, okay, 1, 000 square feet as compared to the 23 size of houses that exist today is minuscule . Our request is it to add 500 to 600 square feet over 24 in the existing building envelope . There' s no attempt made to go any larger than the envelope ° 25 which exists at this point in time. There' s no increase in setbacks . There' s no change in lot July 15 , 2004 38 1 2 • coverage. At this point in time, the lot coverage is 14 percent, which is well below the 20 percent 3 that the R40 code calls for. So basically, what we' re asking for is the 4 ability to give ourselves a little more living area, and we don' t consider it excessive to ask 5 for a total of 1, 600 square feet considering the size of structures that exist today. So the basic 6 application was to add to the house, add to the second floor, not increase the footprint of the 7 house one inch. That was the application. And I come before you basically as 8 somebody that has considerable experience in working with government . I spent over 30 years 9 working in government on Long Island and across the country. I'm a graduate civil engineer. I've 10 done graduate work in soils engineering. I have served as a member of the Planning Board in the 11 Village of Lloyd Harbor and our responsibility was to both address planning and zoning issues . I ' m a 12 past member of the American Planning Association, and I have assisted in the implementation of many 13 information processing systems regarding the use of lands throughout the metropolitan area. I 've 14 also served the Town of Southold. I was a past member of the Police Advisory Committee . I'm a 15 present member of the Board of Assessment Review, and I've just been named a stakeholder by the 16 Town. So I have some familiarity with the issues in the town. I worked with the Town in the mid 17 ' 90s doing a study on their information and geographic information requirements -- information 18 system requirements . Basically, when you look at the facts, 19 it' s difficult to comprehend the reason for the Board' s actions . In my opinion, the evidence does 20 not support the ruling of the Board of Appeals . And what is especially disturbing to us is the 21 posture taking by the Board that discourages the • care of senior citizens by immediate members of 22 their families . We find that very discouraging. Now, what I would like to do is I would 23 like to take the rebuttal that was given by the Town and address it item for item and share with 24 you what my thoughts are as far as the facts in this case . ) 25 CHAIRWOMAN OLIVA: Do we have a copy of that? July 15 , 2004 39 ' 1 2 MR. SCHULTHEIS : Pardon me? CHAIRWOMAN OLIVA: Do we have a copy? 0 3 MR. SCHULTHEIS : That was given to you by the court . This is the document submitted to the _ 4 court . BOARD SECY KOWALSKI : The attorney gave it 5 to the court; is that true? It wasn' t presented here at this hearing? 6 MR. SCHULTHEIS : Your attorney did not give you a copy of what was given to them at the 7 court? BOARD MEMBER TORTORA: We don' t have it 8 with us . MR. SCHULTHEIS : We' ll provide you a copy. 9 You can go item by item through the 17 items and listen to my information and relate it to that 10 information. Okay, I' ll address each of the 17 points 11 individually. Items 1, 2 , 3 , merely states the facts regarding the position of Miss Tortora, and 12 has the history of the application and the local demographics there associated with it . 13 Item 4 states that property is significantly undersized and nonconforming. This 9-- 14 is true but you must realize that the structures were initially built prior to any zoning in the 15 town. Any additions and alterations which were made to that building all have necessary permits, 16 variances, COs, whatever paperwork is required. Review of the evidence submitted will show the 17 ' entire neighborhood within a 600 foot radius of our dwelling is nonconforming to the zoning that' s 18 in place right now. One hundred percent of every dwelling within 600 feet of ours is nonconforming. 19 Item 5 addresses the setbacks . The setbacks are real and exist either because they 20 existed before zoning or because alterations which have the necessary permits and approvals have been 21 undertaken. Item 6 basically states a fact by the 22 requested addition. The addition that has been asked for is completely contained within the 23 existing building envelope, which again has all the necessary required permits and approvals in 24 place . The additional living space will be contained completely within this existing building 25 envelope . Item 7 states the Building Department July 15 , 2004 40 1 2 denied the application before the R40 Zone, requires a setback of at least 35 feet . This in 3 fact is the reason for requesting the variance, that was the reason given for denying the building 4 permit . None of the other issues raised by the Zoning Board are contained in Building 5 Department' s denial . It must be also noted that the subject property is actually in the M1 Zone 6 and not in the R40 zone and residential construction is an allowable use in the M1 Zone . 7 Item 8 addresses the application for the variance . The application for the variance was 8 submitted with a cover letter which contains significant amounts of information which addressed 9 many of the issues involved in this request and seem to have been ignored. 10 Item 9 indicates the Board denied the application without prejudice . It also appears 11 they denied the application based on testimony referenced which was never heard at the public 12 hearing. There was the testimony of two residents • of New Suffolk that was presented at the public 13 hearing, one of whom has initiated a history of contentious relationships with both the __ 14 and the petitioners people that owned the house before us . And the fact there appears to be a 15 complete lack of understanding of the character of the neighborhood. 16 Item 10 addresses the issue of the area of the living room added and the setbacks . Again, 17 it must be stressed that the lot coverage remains at 14 percent, which is less than the required 20 18 percent in the R40 Zone . As a matter of fact, the coverage can be brought down to 8 percent by 19 combining with Lot 44, which adjoins the subject property. In other variances granted in the area, 20 the lot coverage was the basis for the decision and setbacks, which were worse than exist at this 21 particular location, were never addressed. This is selective and nonconsistent interpretation of 22 , the zoning laws . Item 11 addresses the character of the 23 area and the detriment that was supposedly brought to nearby properties . As a matter of fact, every 24 waterfront building, both residential and commercial within 3 , 000 feet to the south of our 25 home is nonconforming, both for setback reasons and building lot coverage reasons . And if we go July 15, 2004 41 1 2 to the north, the four immediate lots also exist under the same circumstances . They do not conform 3 to the zoning. In addition, all the surrounding interior lots are nonconforming as well as per the 4 R40 Zoning. The material contained in the document submitted contains much evidence 5 regarding the issues of the character of the area, the detriment, the purported detriment of nearby 6 properties and the issue of the pristine aspect of the inlet, which was brought up by the Zoning 7 Board. Item 12 introduces the issue of emergency 8 access . There was no testimony at the public hearing on this particular subject . If you look 9 at the Town Code, it requires 15 feet of clearance for emergency access . The right of way that 10 exists to access this particular property is 29 feet wide . If you go out and look at the large 11 objects such as poles, trees, et cetera, at no point in that right of way will you measure less 12 than 15 feet of clearance . If necessary, the right of way can be cleared to 29 feet, if that' s 13 what' s required. The Town Code requires 15 feet . In addition, we contacted the Cutchogue Fire 14 Department on this particular issue, and they indicated they have no problem accessing the 15 property for emergency purposes . What is especially disturbing on this issue of accessing 16 the property is to realize that the Board has taken a posture that discourages the care of 17 senior citizens by members of their families at • their homes . 18 BOARD MEMBER GOEHRINGER: That is so far from the truth, Mr. Schultheis, I have ever heard 19 any statement in any document for the 24 years I have been on this Board, and I'm going to tell you 20 why. You were told and you were asked at that hearing to please work on a project that would 21 fill in the area between your house toward your garage . And for you to frivolously say that, I am 22 absolutely appalled at your statement . MR. SCHULTHEIS : I read from Lydia' s 23 statement given to the court : "The Board also determined that the house presently maintains no 24 suitable access for fire and emergency vehicles . The additional living space requested by the f25 petitioners exacerbates this problem. In fact, the petitioners explained that they wanted their July 15, 2004 42 1 2 aging mothers to move into the new portion of the house. The Board felt that an increase in the 3 potential number of people living at the house would increase the potential demand for such 4 vehicles and create an unacceptable safety risk. BOARD MEMBER GOEHRINGER: Based upon the 5 construction that you wanted, not based upon the fact -- anything can sound the way you want it to 6 sound and you can interpret the way you want to interpret it . 7 MR. SCHULTHEIS : That is addressed to the issue of emergency access . 8 BOARD MEMBER GOEHRINGER: I will stand up in any court of law and tell you, sir, that that 9 statement is your interpretation. That is not the way that hearing was constructed. 10 Excuse me, Ruth, I apologize. MR. SCHULTHEIS : I consider myself to be a 11 reasonable person, an educated person, and that was my interpretation of what that says . 12 BOARD MEMBER GOEHRINGER: Then why didn' t you do what we asked? 13 • MR. SCHULTHEIS : We' ll get to that . BOARD MEMBER GOEHRINGER: Then get to that 14 then. We don' t have this document in front of us, therefore we have to use our thoughts to reflect 15 upon your document . This hearing should be stopped at this particular point until we have 16 every one of those elements in front of us . But I respect Madam Chairperson because this hearing 17 will not continue until such time I have a chance to review every one of those documents you have 18 brought up today. I take this totally offensive not having that in front of me . 19 MR. SCHULTHEIS : I am incensed that you do not have the materials . 20 CHAIRWOMAN OLIVA: Enough. I want to get to the facts, please, continue your presentation. 21 I haven' t heard it . I want to hear it . MR. SCHULTHEIS : Item 13 basically says 22 that this whole situation was self-created and we knew about this when we bought the house . We 23 bought the house in 1987 . In 1988 we got a permit basically to redo our bulkhead and to put an 24 addition on the house . We added six feet to the north side of the house, which is the portion in 25 question right now. Let me ask this : Where did the Board get the information that we knew we July 15 , 2004 43 1 2 couldn' t add to the house? That baffles we completely. It was not presented at the public 3 hearing. It was not brought up. Where did it come from? 4 CHAIRWOMAN OLIVA: I don' t know, continue . 5 BOARD MEMBER GOEHRINGER: I don' t know what you' re talking about . 6 CHAIRWOMAN OLIVA: Just keep going. MR. SCHULTHEIS : Item 14 addresses the 7 issue of the stability of the bulkheading at the house . Again, this concern was brought up at the 8 public hearing, and was addressed at the hearing. • The parameters of the design of the bulkheading as 9 well as the foundation was brought up at the meeting; but for the record, the additional weight 10 of any addition to the house will have no affect on the bulkhead because when the addition was put 11 on the house in 1988, a foundation was constructed that basically brings the load of the house down 12 below any level that is supported by the bulkhead. The foundation, even though it' s a 13 crawl space underneath, is eight feet deep, the footing is wider, less pounds per square foot and 14 there is no weight exhibited on the bulkhead in any manner. 15 In addition, when the bulkhead was built, the design was based on the design of pressure 16 treated wood bulkheads by James S . Graham of the American Society of Civil Engineers . Every member 17 that was used to build the bulkhead was larger than what the design dictated; for example, the 18 three inch thick sheathing that was used instead of the two inch sheathing is 225 percent stronger 19 than what was required by the design. So the design of the foundation already elevated the 20 problem of any weight on the bulkhead, the weight is not put on the bulkhead and the bulkhead is 21 over-designed. And that was brought up as an environmental concern to reject the request . 22 In Item 15, the issue of other feasible less intrusive methods of construction was 23 addressed. In the attached document, there' s a section called the constraints of the property. 24 In that document you will see where we were mandated to place cesspools by the DEC, where we 25 were mandated to put in dry wells by the Trustees; where there are deeded right of ways for July 15, 2004 44 1 2 underground electric, underground cable TV, underground water and underground gas . You will 3 see where the garage is, what is required for back _J up space . I referenced what we went through with 4 • the DEC and the Trustees in getting the permit for the project . Under no circumstances did they want 5 to consider any building closer to Cutchogue Harbor. 6 So, based on the constraints that exist on the site right now, the only real alternative is 7 to build up and not increase the footprint . And the whole fallacy of this approach is that it does 8 nothing to change the existing setback, which was the primary reason for rejecting the 9 application. The building doesn' t come back any further from where it is now if I build in another 10 area, those existing conditions remain, does absolutely nothing to change them. 11 Item 16 addresses the issue of seeking an interpretation of the codes . When the application 12 was submitted, there was a cover letter submitted with the application; in that cover letter it 13 specifically asked for the interpretation of the code . At the public hearing that same request was 14 made. Yet the statements say no interpretation of the code was asked for. The request was clearly 15 ignored. As far as the last item, as far as I 'm 16 concerned, it' s obvious the denial of the variance was done with prejudice . When you review the 17 facts, it was not rational but appears to be more emotional based on the testimony of two 18 non-residents of the area, and it lacks the presence of any evidence and should be changed. 19 That addresses the court documents, so to speak. Also included in what I gave you is an 20 overview of the characteristics of the neighborhood. There' s an aerial photograph that 21 shows you what the neighborhood looks like . There' s a zoning map that shows you the zoning of 22 the neighborhood. There' s a petition of the surrounding neighbors that we took regarding their 23 sentiment that the house was out of character and • a detriment to the neighborhood. One hundred 24 percent of those people approached agreed that they did not agree with the Board' s decision 25 here . Talk about the pristine nature of Schoolhouse Creek, contained in this document are July 15 , 2004 45 1 2 the pictures of the junk yard which exist next to our house which clearly doesn' t support the 3 aspects of the pristine nature of the creek and it' s at least encouraging to realize that in this 4 particular area the Zoning Board has taken a position that they would like to see a pristine 5 condition in this creek. I personally will take that as a mandate that the junk yard that exists 6 needs to be cleaned up . We also talk about the close by waterfront 7 residents, what exists in the area. If you look at what ' s there, not one of them within 3 , 000 8 square feet to the south is conforming and looking to the north the four contiguous parcels are 9 . nonconforming. And then we get into the area where we have the two and three larger plots, 10 which is not comparable to the character of the neighborhood in which the house is located. 11 I won' t go into the details of each of those but for each of those points I brought up 12 there' s verbiage in the document that addresses the specifics, there' s pictures; I talked about 13 the fire and emergency access . CHAIRWOMAN OLIVA: That ' s in this document t-7) 14 that you just handed up? MR. SCHULTHEIS : Yes . We addressed the 15 fallacy of the request being self-created. I ' d just like to ask the question, who on the Board 16 knows what we were thinking when we bought this house? Where did that come from? Nothing? 17 BOARD MEMBER GOEHRINGER: I didn' t understand that question either. You want to 18 restate the question for me, Mr. Schultheis? MR. SCHULTHEIS : Yes . In the document 19 ' presented to the court, it specifically said that the petitioners knew when they bought the house 20 that they could never add to it . CHAIRWOMAN OLIVA: In that specific 21 language? MR. SCHULTHEIS : Yes . 22 BOARD MEMBER DINIZIO: May I comment? CHAIRWOMAN OLIVA: Yes . 23 BOARD MEMBER DINIZIO: In your Zoning Board decision it says Number 4 , variance 24 requested has been self-created since the applicant purchased the property with knowledge of 25 restrictions in planning the additions . Now, the applicant purchased this property in 1987 . And July 15, 2004 46 1 2 the subject of this is Walz, which is an interpretation that basically was never advertised 3 in the paper by the Town; it was something that we did on our own, the Zoning Board. So I don' t see 4 - how, and I 'm trying to explain this, the applicant . could have possibly known that they couldn' t build 5 upon this property because building permits at the time he purchased this property have been 6 granted for the very same thing that he' s asking for today. 7 BOARD MEMBER GOEHRINGER: Not in its proximity of the bulkhead. 8 BOARD MEMBER DINIZIO: Yes . BOARD MEMBER GOEHRINGER: 119 2B and 239 . 4 9 both of the Zoning Code, the old code and the new code would have still required a variance, and 10 that is the reason why that statement that Mr. Schultheis made is a statement which very simply 11 meant that he could not do anything or Mrs . Schultheis could do nothing without a variance 12 application before this Board. BOARD MEMBER DINIZIO: I disagree . 13 BOARD MEMBER GOEHRINGER: You' re welcome to disagree . And that' s my opinion. 14 MR. SCHULTHEIS : And history will show • that when those variances when requested were 15 primarily granted. BOARD MEMBER GOEHRINGER: Not necessarily, 16 sir. That was the purpose of the establishment of those two laws by a past environmentalist who was 17 a Town Board member in this town. MR. SCHULTHEIS : We talk about the 18 closeness to the bulkhead and I' ll have to bring up the closest house to me on the water recently 19 requested in 1999 a variance to add to the house . 20 BOARD MEMBER GOEHRINGER: Sure . MR. SCHULTHEIS : They have zero front yard 21 setbacks . On one side they are one foot from the bulkhead; on the other side of the house they have 22 enough room to park one car. They have about a 15 foot rear yard setback to the bulkhead in the 23 rear. BOARD MEMBER GOEHRINGER: Are they on a 24 . peninsula like yours? MR. SCHULTHEIS : No. 25 BOARD MEMBER GOEHRINGER: Unique property, character of the neighborhood. July 15, 2004 47 ' 1 2 BOARD MEMBER DINIZIO: May I comment again? o 3 CHAIRWOMAN OLIVA: Quickly. BOARD MEMBER DINIZIO: I don' t believe 4 this applicant was denied for what you just quoted, Jerry. It looks to me like it' s just, 5 242A, which is non-conforming, which is Walz . BOARD MEMBER GOEHRINGER: Jimmy, I'm 6 making a statement in general . BOARD MEMBER DINIZIO : Sorry. You guys 7 made a decision, and you' re telling me now it' s based on something other than what they were 8 disapproved for. BOARD MEMBER GOEHRINGER: I am making a 9 statement that the 75 foot setback aspect of it, that is what I am making a statement for. • 10 BOARD MEMBER DINIZIO: They were not disapproved for that, Jerry. 11 BOARD MEMBER GOEHRINGER: I understand that . 12 BOARD MEMBER DINIZIO: How could you possibly put that into the decision? 13 BOARD MEMBER GOEHRINGER: I am saying, Jim, in question, in toto, the purpose of the law 14 was that reason. What we had here prior to the 1 Schultheises -- and I can' t give you the exact 15 determination -- was an old bait shop, which was then further made a house, which I assume they 16 purchased; is that correct? MR. SCHULTHEIS : It was made into a house . 17 That particular area was Larry Tuthill' s father lived there, his sister lived there; he sold it 18 from the Kreminses who we bought the house from, who lived there, then we bought the house in 1987 . 19 BOARD MEMBER GOEHRINGER: It was • originally a bait house; it was Johnson' s store . 20 MR. SCHULTHEIS : It' s a house now. It was the Kreminses' house before us and the Marjory 21 Tuthill house before that . We didn' t make it into a house from a bait house . 22 BOARD MEMBER GOEHRINGER: I understand that . 23 MR. SCHULTHEIS : If we go back to the 1500s it was vacant land. Things change . 24 BOARD MEMBER GOEHRINGER: And we ask you, sir, for the second time at this public hearing, 1 25 to create an addition between the house and the garage . July 15, 2004 48 1 2 MR. SCHULTHEIS : In my material is the material that addresses the constraints of why 3 that can' t be done . BOARD MEMBER GOEHRINGER: Anything can be 4 done, and you know that that can be done, sir. MRS . SCHULTHEIS : DEC and Trustees will 5 not agree with that . • BOARD MEMBER GOEHRINGER: That' s not my 6 problem. MR. SCHULTHEIS : As a matter of fact, 7 there' s a variance in place for the garage . One of the things that could be considered, put some 8 living area above the garage, can' t do that because the variance granted for the garage 9 construction by this particular Board says it can be used for storage only. 10 BOARD MEMBER GOEHRINGER: Between the house and the garage . 11 MR. SCHULTHEIS : If you will look at the evidence I supplied you, you will see where the 12 cesspools are located, where the septic tank is located mandated by the DEC. 13 BOARD MEMBER GOEHRINGER: Change them, put them in the right of way. 14 MR. SCHULTHEIS : That was tried. DEC is not willing to do that, too close to the water. 15 • BOARD MEMBER GOEHRINGER: That is the only thing I can suggest to you. 16 MR. SCHULTHEIS : I have three years of negotiations with the DEC as to where to put that 17 septic system. That' s the only place they said it can go. 18 BOARD MEMBER GOEHRINGER: Drive pilings and put it over it . 19 CHAIRWOMAN OLIVA: Lydia? BOARD MEMBER TORTORA: It' s very 20 difficult -- MR. SCHULTHEIS : The environmental -- 21 CHAIRWOMAN OLIVA: Excuse me, Lydia' s speaking. 22 BOARD MEMBER TORTORA: It' s very difficult without following, I assume what he' s talking 23 about is Frank Isler' s affidavit . Although I do remember one thing that he said that I' d like to 24 make notice of . You said that you had applied for an interpretation, I have a copy of your 25 application dated two 2/7/03 , type of appeal, you checked a variance . You did not check an July 15 , 2004 49 • . 1 2 interpretation of the code . I have a copy of a letter dated January 7, 2003 at Paragraph 4 you 't) 3 talk about asking for an opinion, request that this section be considered as applying here of 4 100-239G; however, the next paragraph you say it is our opinion that the above-mentioned section 5 100-239-4 applies but since we need to keep requests for all approvals moving along to 6 minimize additional water damage, we are submitting the request for a variance at this 7 time . That' s a clarification of you said that we did not act on your request for a variance the 8 reason is quite clear, you did not -- MR. SCHULTHEIS : The reason for that was 9 that I spoke with Linda in your office, and it was indicated to me that this was a possible reason, 10 but if I wanted to move along quickly, the way to • do it was to submit the application for the one 11 thing. That was the advice . BOARD MEMBER TORTORA: Nonetheless it was 12 your decision. MR. SCHULTHEIS : It would have been easy 13 to put another check mark. BOARD MEMBER TORTORA: That' s why I'm 14 correcting. In your earlier testimony you stated that we refused to act on it . That is incorrect . 15 I have just corrected that . The reasons why are irrelevant, what you stated is incorrect, and I 16 would like the opportunity to go back over every word of this testimony compare it to the affidavit 17 that was submitted by outside counsel on this, because there are several things that you have 18 said that don' t appear to be correct but without benefit of the material before me, it' s difficult 19 to be able to address it . ASST TOWN ATTY CORCORAN: Did the 20 application for an Article 78 petition involve the issue lof interpretation? 21 MR. BRESSLER: There was no interpretation, so there was nothing to appeal . 22 ASST TOWN ATTY CORCORAN: Then we shouldn' t be dealing with the request for 23 interpretation right now. MR. BRESSLER: Whether or not there' s a 24 request for interpretation remains to be determined; the papers speak for themselves . We' re 25 not going to concede that that' s not so . The documents say what they say. July 15, 2004 • 1 50 2 ASST TOWN ATTY CORCORAN: That' s correct . But we have been remanded back here to deal with 3 specific things, and one of those things was not the interpretation request, whether it was made or 4 not made. MR. BRESSLER: If that' s the way you view 5 it, then that' s the way you' ll make your determination. 6 BOARD SECY KOWALSKI : I was wondering if an application would be necessary -- we don' t have 7 an application for an interpretation. CHAIRWOMAN OLIVA: It' s irrelevant . 8 Jerry, are you finished? BOARD MEMBER GOEHRINGER: Yes, I just want 9 to apologize to Mr. and Mrs . Schultheis . I have absolutely nothing against you in question, 10 against your present property or anything of that nature . I just want you to know that there were 11 certain things that you said concerning the senior citizen aspect that upset me greatly, and I do 12 apologize to you personally, both of you, for really getting a little off the subject on that 13 aspect . But I felt that I myself, as a member of r' this Board, has to react to that situation because 14 in no time did this Board at any time that I sat on it, which is 24 years ever, ever be 15 discriminatory in that sense . That' s my opinion. MR. SCHULTHEIS : I accept that . I look at 16 myself as I come before you as an adversary. I don' t agree with what you told me . And now I've 17 come back and said these are the reasons I don' t agree . We' re in an adversarial relationship here . 18 I ' ve said I don' t agree with what you said. And I ' m taking my opportunity here to outline what I 19 feel are the issues . CHAIRWOMAN OLIVA: Are you finished with 20 your presentation? MR. SCHULTHEIS : The rest of the material 21 is contained in the document . CHAIRWOMAN OLIVA: Because I don' t think 22 we can -- absolutely I agree with Mrs . Tortora -- can accurately review it properly until we have 23 what Mr. Isler had submitted to the court . BOARD MEMBER GOEHRINGER: And, Madam 24 Chairwoman, we need of course the copies of this for every Board member. ) 25 CHAIRWOMAN OLIVA: Is there anybody else ' in this audience that wishes to speak on this July 15, 2004 r- 51 1 • 2 application? Larry, any kind for or against? MR. TUTHILL: I' d like to present to the I—) 3 Board. BOARD SECY KOWALSKI : Mr. Tuthill is 4 presenting photographs, as well as Mr. Goehringer. MR. TUTHILL: For the record, my name is 5 Lawrence Tuthill, and I am the owner of the adjacent properties to Mr. Schultheis . And that 6 is I don' t like the idea that more or less my testimony or anything brought up before this 7 organization be that I am not a resident therefore it should not be taken into account . I think it' s 8 very important that a property owner and use his business usually does not live on that property, 9 and this is zoned marina, therefore I have more than a residential person because this is marina 10 property, his is also marina property and we' re looking at this under different a aspect than a 11 . residential . Therefore the considerations in discussing this application should be taken as a 12 marina property and there are certain limitations that I would like to request as so. And the fact, 13 as shown in the picture, there are about 150 boats that go in and out of this marina, and 4 14 there' s a lot of boat traffic in there . Mr. Schultheis has complained many times about the 15 noise being made there, the various things because there' s a marina operation going on, whether 16 bringing equipment onto the property and off the property, which formerly, and still use now as, a 17 base for dock building operation. And certainly this meets to the conformity of a residential area 18 in the fact that everything has to be spic and span clean. If you also notice there are a lot of 19 buildings there and so the area' s clean, but my main concern is that with the traffic going in and 20 out of there, when you go up the second story, normally a lot of the noise is blocked out by his 21 bulkhead, but the bulkhead, when you raise the building up, the noise coming from the people 22 going in and out of the marina is accentuated. And as he said, he' s now having an elderly person 23 living there in this marina area, and I don' t think that someone elderly wants to be woken up 24 during the night by some people shouting or talking to each other or someone leaving in and 25 out of the area at all times because it ' s not like a car where you' re closed in, usually in the boats July 15, 2004 52 • • 1 2 they' re on the outside speaking to each other, they' re quite often using search lights coming in 3 to the area, and it' s very disrupting to someone who is elderly, and I don' t think, if, like has 4 been suggested that the buildings be one story, it wouldn' t be so objectionable, but to have to 5 listen to probably all the complaints in the future that being in the second story you' re upset 6 by all this noise, we have buildings on Long • Island Expressway where they built all kinds of 7 big walls to stop noise from the traffic and this also is traffic coming in and out . And I think 8 that these 150 people, boats running in and out of the harbor should not have to worry about making 9 noise to disturb Mr. Schultheis . Mr. Schultheis says how organized he is 10 and well-known, if you notice on his application, his bulkhead goes out two feet into the creek, but 11 in his application, he never showed that there was land on the other side, but realizing that there 12 was a canal is there, and so now it has gone out into navigable waters . Yes, you have a permit 13 from the town, and yes, you have a permit from the DEC, but if someone complained to the Coast Guard, 14 that bulkhead would have to be removed because 777 it' s going into navigable channels, that is out 15 into a street . He' s automatically thinking, well, I have rights to this . We don' t have rights to 16 the center of the creek, you have some rights, but they' re not so you could build out into them, and 17 they allowed him to build out into the middle of the creek. On his original application when he 18 bought the property there was a line drawn on there by the surveyor at the request of the 19 lawyer, but this line drawn on it showed where he had rights to build on, use my property for a 20 float, and yet when told him exactly this line is not there, to this day, the float is still on my 21 property, and I'm in the process of trying to get it removed but because of a line drawn on a piece 22 of property which is not his, I have this incumbrance on my property. He' s also built two 23 feet onto my property. It goes on and on. I have rights, there are rights he doesn' t really have . 24 Thank you very much. CHAIRWOMAN OLIVA: Is there anybody else 25 who wishes to speak? Mr. Bressler? MR. BRESSLER: Briefly in reply, we July 15, 2004 • 1 53 2 • appreciate Mr. Tuthill' s interest in our well being and we thank him for that . However, given 0 3 the constraints of the property and the needs of the applicant there, they are more than willing to 4 deal with that situation. Of course, we disagree with the underlying assumptions of those comments, 5 and as to the balance of those comments, they are plainly irrelevant and we ask that the Board deal 6 with them as such. If the Board has any, either for me or for the applicant, we' d be happy to 7 entertain them. Otherwise, it' s 2 : 00 . BOARD MEMBER GOEHRINGER: I' d like to have 8 a copy of Mr. and Mrs . Schultheis' Health Department permit showing the actual position of 9 their cesspool system and sanitary system. MR. SCHULTHEIS : In actuality, when it 10 came time to do the cesspool, we applied to the Health Department, and they came back to us and 11 said we have an existing cesspool and it was not necessary to get anything from them. And the only 12 agency that determined where that was to be located was the DEC. 13 BOARD MEMBER GOEHRINGER: Can I have a copy of that? 14 MR. SCHULTHEIS : That' s included in the information I gave you. 15 BOARD MEMBER GOEHRINGER: I didn' t see that . 16 MR. SCHULTHEIS : Under constraints, there' s a copy of the permit granted by the DEC. 17 BOARD MEMBER GOEHRINGER: But is there a survey indicating the exact location? 18 MR. SCHULTHEIS : I will get that part of it . 19 BOARD MEMBER DINIZIO: Can I ask a question? Eric, maybe you can help. I read the 20 Court' s decision but honestly I'm not clear, I wonder if you can summarize for me what he 21 said. Why are they back before us? • MR. BRESSLER: That' s a matter of some 22 debate . We had asked that the determination of the Board be reversed based upon the fact that 23 there was no support for its decision, and in reviewing the order, particularly on Page 3 24 thereof, the Court made it clear that the decision was deficient in that there was not a sufficient 25 basis to support the determination. Then the `_` Court went through the various factors that the July 15, 2004 54 • • 1 2 Board used, the undesirable change, no support, exacerbate environmental factors, not supported, 3 in fact, the permits from the environmental people were provided to you, suitable access, there was 4 no support, benefit in other ways, no support; and, in fact, the Court found on the Walz issue 5 specifically that that was brought in in 2002 and, of course, that was not self-created. 6 What happened then was apparently realizing the deficiencies, counsel for the Board 7 , submitted an answer, an affidavit which raised additional issues . We rebutted them, the Court 8 determined that it was not going to even consider those issues . Then it went on to say that because 9 there was no factual basis, it was arbitrary and capricious, not supported, and it was remanded for 10 reconsideration. Now, we had a dispute at the beginning of this particular hearing as to exactly 11 what that reconsideration consisted of, and it' s our view that the record was not to be opened. It 12 was the Board' s view that the record was to be opened over my objection; that' s been done . It 13 was stated by one of the Board members, Mr. Goehringer, I believe that what was going to 14 happen was that the Board was going to go back and they were going to find support one way or another 15 for what the Board determined to do, and that they were going to set it forth. It was obviously my 16 view that having failed to do that in the first instance that that sort of broad based 17 ' reconsideration was not appropriate, and I think that' s something the Board is going to have to 18 deal with. That' s my take on it . BOARD MEMBER DINIZIO: Let me ask one 19 more question. MR. BRESSLER: Sure . 20 BOARD MEMBER DINIZIO : I witnessed the exchange at the beginning and was somewhat 21 confused by it . I wasn' t here for the hearing, like I said, I did read, and in all honesty, I 22 prefer to listen to testimony, and I was for opening this thing because if I have to make a 23 decision on it now, my name' s going to be signed to it, I want to hear it . What -- you don' t have 24 to answer if you don' t want to, maybe it ' s a naive question -- what did you hope to gain by not 25 having us open it? What would have been the result of that? July 15, 2004 55 • • 1 2 MR. BRESSLER: The result clearly would have been a grant . The Court made it extremely 0 3 clear that the record that was presented below was inadequate to support the determination. 4 BOARD MEMBER DINIZIO: We were told to act . What did you expect us to do? 5 MR. BRESSLER: Give us our relief . ASST TOWN ATTY CORCORAN: I have to 6 respectfully disagree with your interpretation of the Court' s decision. 7 MR. BRESSLER: Of course you do . ASST TOWN ATTY CORCORAN: I must, because 8 I feel strongly about it . If the Court found there was no way to support this decision in the 9 record, it very easily could have granted you your relief . The Court sent it back for 10 reconsideration, which leads one to believe that the Board can either find in the record greater 11 support or not find in the record greater support . 12 MR. BRESSLER: That is something that you ' could have done on the record. 13 ASST TOWN ATTY CORCORAN: The Board has elected to give you an opportunity to make a 0 14 presentation which your client has done . MR. BRESSLER: What the Board elected to 15 do is reopen the record, and while I certainly agree with the first part of your statement, that 16 the Board could go back and reexamine the record, and while I don' t necessarily agree based on the 17 record with that determination, we didn' t challenge it and the decision stands . And I think 18 what you said is manifestly so, at least the first part of your comments; you can go back, look at 19 the record and determine whether there' s support for what you' re going to do, what the Board has 20 chosen to do, and what we have done based upon the Board' s position over objection and especially 21 given the feelings of some of the Board members who weren' t here, we' ll represent the evidence, 22 , and we will present whatever it is as part of this reopened hearing that we deem appropriate, 23 reserving all our rights . So we presented the stuff, you've heard it, we've given you the 24 material and there will be additional copies for you to consider in addition to the material that 25 was put on the original record. But I think it' s ` fair to say that after listeningtoday,y, probably July 15, 2004 56 1 2 the members who didn' t participate have a fair idea about what the dispute is about and what the 3 request is for, and probably upon review of the documents will have a better idea. And I dare say 4 that the Board members who were here and participated in it know exactly what' s going on, 5 and you can go back and everybody can review the answer and Board Member Tortora' s affidavit, and 6 you can look at all that . But the issues are what they are, and the record reflects what it 7 reflects . And I' d like to close up, unless there' s any more questions, by saying that I think 8 • that this application cries out for a grant . When you look through the material, if any of you drive 9 down to New Suffolk, I know Board Member Goehringer knows it intimately, I think you will 10 be drawn to the conclusion that the character of the neighborhood is not going to be altered. I 11 think the latest request that the Board made is a reasonable one, that is for the DEC material . I 12 think that if the Board reviews that material it will appreciate the fact that the relief requested 13 here really is driven by the property, and what can and cannot be done there, and if upon the 14 review of those permits and the existing physical conditions, the Board reaches that conclusion, 15 we' d be extremely grateful . I don' t think that it answers the question, and I think in the heat of 16 argument both sides said things probably they shouldn' t have said, and to say we' ll take stuff 17 and move it here and there really doesn' t address • the issue because the Board has to weigh the 18 benefits and the burdens . And I think when you look at where other agencies have said things 19 should be, and you look at the overall lay of the land, I think you' ll probably conclude that this 20 is a modest proposal given what' s down there and nobody' s going to be hurt by it . 21 CHAIRWOMAN OLIVA: How long will it take to get from the DEC where the septic systems are 22 located? MR. BRESSLER: How long from DEC, as 23 quickly as we can. BOARD MEMBER GOEHRINGER: I reviewed the 24 documents, I don' t see an actual survey of the property. I know we have bits and pieces of the I 25 survey, and in no way am I refuting Mr. Schultheis' credentials, but I don' t see a survey July 15, 2004 57 1 2 of the property; there' s nothing that says there was a survey here created by anybody. 3 MR. BRESSLER: I think there was one with • the original application. 4 BOARD MEMBER GOEHRINGER: Has that changed in any way? 5 MR. BRESSLER: The survey has not changed. BOARD MEMBER GOEHRINGER: If you could 6 submit a clean copy of the survey, I would appreciate it, doesn' t have to be today. 7 MR. BRESSLER: No problem. BOARD MEMBER GOEHRINGER: Thank you. 8 BOARD MEMBER DINIZIO: Can I ask a couple of more questions? 9 MR. BRESSLER: Please. BOARD MEMBER DINIZIO: I think we covered 10 pretty much the self-created part of it . Number 3 on the reasons for the Board' s actions is the 11 relief requested is substantial; then it goes on to say the addition is 22 . 7 feet closer than the 12 code requirement; are you building an addition here or -- 13 MR. BRESSLER: We' re going up within the building envelope, and the only reason that the 14 numbers are the way they are is because of the 2002 rule . 15 BOARD MEMBER DINIZIO: The 22 . 7 feet that is the nonconformity, so to speak, that' s the 16 existing nonconformity. This sentence seems to indicate that you' re building that, you' re not 17 building that . MR. BRESSLER: We' re already 18 nonconforming. BOARD MEMBER DINIZIO: Right . That 22 . 7 19 feet existed 10 years ago, and you' re not adding to that . 20 MR. BRESSLER: No. The nonconformity is going to be, one way of thinking we' re going to be 21 further away from the property line . BOARD MEMBER DINIZIO: I'm looking at the 22 reasons here, going over, trying to find some logic . I guess the benefits sought by the 23 applicant, some other reason I guess that' s what Jerry' s been talking about the other side of the 24 house, you' re saying, look, I have stuff there . MR. BRESSLER: Right, I 've got cesspools 25 mandated, I've got underground utilities, and while Member Goehringer is right, anything July 15, 2004 58 1 2 theoretically can be done, provided the other agencies agree; that isn' t always the best way to 3 go. And once you see the DEC stuff, you' ll see other areas are precluded. 4 BOARD MEMBER DINIZIO: Also considering the amount of money you have to spend could be a 5 hardship and a reason for granting this application. And the undesirable change, 6 basically this is residential use and I understand what Mr. Tuthill said, this is really a huge 7 marina, if you look at it, and inside we have a - residential use, which is a lesser use than marine 8 use . • MR. BRESSLER: It is less intrusive . 9 BOARD MEMBER DINIZIO: Less impact on the environment and certainly if these people chose to 10 live there, they know about the noise, and they know it' s a busy place and Mr. Tuthill needs to 11 run his business, and they can complain about what they want to complain about, but they know that 12 it' s there and that' s obvious . That' s not a reason for us to deny because they are being kept 13 awake by Mr. Tuthill . MR. BRESSLER: I don' t think so, and in 41 mt‘ 14 response to that, while you and I may chose not to live at the mouth of the creek where people come 15 and go, nonetheless, it pleases the Schultheises to live there and they like it . 16 CHAIRWOMAN OLIVA: I think if the Board is agreeable, that we could adjourn this hearing 17 until the September meeting. We have a lot of information to go through. People have vacations 18 . coming up. We are remanded to September 16th. MR. BRESSLER: That' s adjourned for the 19 purpose of making the submissions giving the Board -- 20 CHAIRWOMAN OLIVA: And also give us a time for us to review Mr. Isler' s and your responses to 21 it, and gives us more time to be more thorough. BOARD SECY KOWALSKI : We need those 22 submissions a week before that meeting so the Board can have it ahead of time and prepare . If 23 you can have it two weeks . MR. BRESSLER: We' re closing the 24 testimonial portion of the hearing? You' re going to entertain further witnesses? 25 CHAIRWOMAN OLIVA: We don' t like to close it, maybe you have something further to say. July 15 , 2004 59 1 2 MR. BRESSLER: No. I want to make submissions and my clients are asking me, do I 0 3 need to come back here, and if the answer is we' re going to make submissions and give you the 4 • documents you need, I'm going to tell them, no, the Board will then consider it in due course . 5 BOARD SECY KOWALSKI : The Board may still have questions . 6 MR. BRESSLER: If the Board feels otherwise, then I' ll tell them they have to be 7 here . CHAIRWOMAN OLIVA: Some of the Board may 8 still have questions after they review all the documentation. There' s a lot of stuff to go 9 through here, and at least for me and Jim too, he has to carefully review everything that has been 10 said on both sides . BOARD MEMBER DINIZIO: Ruth, in all 11 honesty, I understand that the Court' s decision was we' re supposed to base this on testimony that 12 you based it on, that the former Board based it on, and I'm perfectly willing to go through the 13 record. I would be hesitant to have someone, based on the actions that have happened, have a 14 second bite of the apple, so to speak, be able to come back in September and add more information 15 than was the subject of the -- CHAIRWOMAN OLIVA: Limit it to -- 16 BOARD MEMBER TORTORA: We have this already submitted in evidence . 17 BOARD MEMBER DINIZIO: I couldn' t agree with you more . These are the applicants . These 18 are the people who are explaining to us where they went, and coming back to you explaining their 19 journey. Any neighbor now that comes in has a second opportunity now, I don' t think they deserve 20 to do whatever they wish to do, postpone this hearing, come in in September and say I need 21 another month. MR. BRESSLER: That' s exactly the evil I 'm 22 trying to avoid, we' ll answer your questions, but I don' t want to go through another whole round 23 here . • CHAIRWOMAN OLIVA: Yes, it could be just 24 limited to the -- ASST TOWN ATTY CORCORAN: I think if you 25 leave the hearing open for the purposes of the .,`_�. Board' s questions and response for the latest July 15, 2004 60 1 2 round of submissions . MR. BRESSLER: Fair enough. The public 3 has had two bites at this and I don' t want to get (7) into -- 4 CHAIRWOMAN OLIVA: I agree with you. MR. BRESSLER: Fair enough. What' s the 5 September calendar date? CHAIRWOMAN OLIVA: September 16th. 6 ASST TOWN ATTY CORCORAN: The purpose of that is I think the Board wants to be in a 7 position, Mr. Bressler, to come to a resolution at that meeting. 8 MR. BRESSLER: Great, we encourage it . Thank you, ladies and gentlemen. 9 BOARD MEMBER DINIZIO : Thank you. CHAIRWOMAN OLIVA: Make a motion to keep 10 this meeting open and reconvene on September 16th at 1 : 00 p.m. 11 (See minutes for resolution. ) 12 CHAIRWOMAN OLIVA: Next application is Susan Lomangino for a Horse Farm on Old Main Road 13 in Mattituck. Beautiful piece of property. --, MS . MOORE : Good afternoon, Pat Moore, 14 51020 Main Road, Southold. I have with me today Mr. and Mrs . Lomangino. They' re the owners of the 15 property, and if there are any questions that come up, they' re here and hopefully we can answer them. 16 This piece of property, as you can see from the survey that was submitted to you, is 17 approximately 51 . 7 acres, It is presently being used as a horse farm. Mr. and Mrs . Lomangino live 18 in the house that is off of Old Main Road. In addition to their house, they also have some 19 ' accessory buildings . This piece of property was part of the Husing estate . A little bit of 20 history, when they went to contract with Mrs . Husing, one of the requests that was made in the 21 will was that the old house that was there that it be used for firematic purposes as a training for 22 the fire department . Mrs . Lomangino has always been very involved in the community, wants to be a 23 part of the community and honored that wish. And the house that was there at the time did go 24 through an control burn exercise . That ' s a little bit of history there . `4 25 Mrs . Lomangino originally came to the Building Department and asked for a building July 15, 2004 V , 4� • ZONING BOARD OF APPEALS - TOWN OF SOUTHOLD:NEW YORK ----------------------------------------------x In the Matter of the Application of AFFIDAVIT G u �lS OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- / 17 - S - 416.3 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Ger-r..,,1 3 L residing at PO box Zit A 40 e=s--S+J , New York, being duly sworn, depose and say that: On the ‘41, day of Tuly , 200 I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10)feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has remained in plac: for seven days prior to the date of the subject hearing date, w ' h ring •- shown to be ( '•nature) Sworn to before me this PENNY BE©ELL Notary.Public State of New York • c day of Jetf(f, 20011 No.018E6099317 I Qualfied in Suffolk County�D -1 Commission Expires Sept.29, aZtary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. 4 r, Ah/8,6Z - i 5£ 3N173NOHS , Efi.°��)" ztx• 1..:._, _ $g . t �--?' --. i �o boT' ooT �•��, :, - -- -,,: neo GAO g $ N t� ... s;OL a' 9S 6i � 48 v-i in 4. os or o�g °� ZOS t9T OB ® eA �'� u� • OOi��tiZ h 6iT on 8l s 0 x 00S d• o pOL $b ° ,. p N y9 LOT ie.pl P. o� N 09 "' � to 7 M " 00 "' , .,°� • c ti ~ r4 g i m�,� i 0£ OOT 09 T - c ®TOL ei 0i L �—! 0 ' ^, ° • 6 m d OS $ .a �l N be OL $0 6d• 69' P 'y'+�• �c%= t� $ ^o = N TOT 001 AA, SiE 1 - U OEt 08 '` M j o j (I0S 6 M ' 0 T� � 0£T N Oy oyL c o 40t t ) up° lc.3 FO — --la-.... 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Postage $ 0.37 UN = GI Certified Fee CI , 2.3e :,-"' Postmark c3, Return Reclept Fee (Endorsement Required) 1.75 jo Here , tO CI Restricted Delivery Fee MI (Endorsement Required) C3 _ ru Total Postage&Fees $ 4.42 ru 0 Sent To 1 L= Lawrerce —1-04;I I P" Street,Apt.No.; 11 1,c-- or PO Box No. -.) City,State,ZIP+ 4( r— e w, i 4- NY I 1 4 I ei-it OS Form 3800,June 2002 U ' -, ' See,Ffe)rerse for Instructions • y4►l_]____u►l__r_r.►_Y_yx-i_Ic-NorslAkliM ai.'lizig9xelLCTL•Iff1e#1Il4:it' ■ Complete items 1,2,and 3.Also complete A. Si.•.1 re , 1 item 4 if Restricted Delivery is desired. `�/ .�/ 0 Agent IN Print your name and address on the reverse Xy e ❑Addressee so that we can-return the card to you. /Received by(Printed Name) C. D. e• Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ■ Yes 1. Article Addressed to: t�11_ If YES,enter delivery address below: 0 No [I'2ISJ L* La Ae., PO 60A Ill G-f'20d► 1 Ur-4 N 1 1 1 4 3. Service Type ❑Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7002 2030 0004, 3382 5234 (Transfer from service label) :PS Form,3811•,August 2001:; , Domestic Return`Receipt 102595-02-M-1540 i iii ii iiti 11 ii Ilii I ii till UNITED STATES POSTAL SERVICE First-Class Mail 1 11 11 1 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your n me, address, and ZIP+4 in this box • G-e, ,,4 H. S01-4e rs P0 1Sa 7-5 q W -!- )k1NY IZAA1 II615' �eee..eeet.4eiee:.e,e!eiee.tio. 1, 4 , ZONING BOARD OF APPEALS • TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of ' I AFFIDAVIT Ge 1 �y� 04. Scl„ `Tec, OF (Name of Applicants) MAILINGS CTM Parcel #1000- 117 - - 4‘3 COUNTY OF SUFFOLK) STATE OF NEW YORK) t_ i I, G-z ro.4. . SJ%J Ike residing at PO gox 211./ r6 ¢d rulAS-1 f Vt '5 f rL, , New York, being duly sworn, depose and say that: On the day ofv1�, 200'I personally mailed at the United States Post Office in I�Q� S Ik. , New York, by CERTIFIED • MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current • assessment roll verified from the official records on file with the 00 Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. i • +). . • ignature) • Sworn to %fore me this P �i say o �� , 200`1 110000t` = of New Yak MAI tAL Notary P • ) in Commission xpitn - s PLEASE list, on t e back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. • 1 „s • Gerard H &Carolyn M Schultheis PO Box 299 1640 First Street New Suffolk, NY 11956 631-734-7265 June 30,2004 Mr. Lawrence Tuthill 1215 Inlet Lane Greenport, NY 11944 Dear Mr.Tuthill CERTIFIED MAIL,RETURN RECEIPT REQUESTED Enclosed please find a copy of the Legal Notice fora hearing by the Office of the Zoning Board of Appeals scheduled for July 15,2004 at 1:10 PM,and a copy of a site plan.All construction will be within the existing building envelope.The area of construction is crosshatched on the survey. This material is being sent to you as the purported owner of record of Tax Map Parcels numbers 117-5- 46.4 and 117-5-47. The contact person is Jerry Schultheis at 631-734-7265 if you have any questions about the project. Sincerely, Gerard H&Carolyn M Schultheis Cc:Zoning Board of Appeals { Gerard H &Carolyn M Schultheis PO Box 299 1640 First Street New Suffolk, NY 11956 631-734-7265 June 30,2004 Mr. Gerard H. Schultheis PO Box 299, 1640 First Street New Suffolk, NY 11956 Dear Mr. Schultheis DELIVERED TO SELF Enclosed please find a copy of the Legal Notice for a hearing by the Office of the Zoning Board of Appeals scheduled for July 15,2004 at 1:10 PM,and a copy of a site plan.All construction will be wIhin the existing building envelope.The area of construction is crosshatched on the survey. This material is being given to you as the owner of record of Tax Map Parcel number 117-5-44. The contact person is Jerry Schultheis at 631-734-7265 if you have any questions about the project. Sincerely, Gerard H&Carolyn M Schultheis Cc:Zoning Board of Appeals ZONING BOARD OF APPEALS MAILING ADDRESS: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 • (631) 765-1809 Fax 765-9064 LOCATION OF PUBLIC HEARINGS: SOUTHOLD TOWN HALL LOCATION OF MAIN OFFICE: North Fork Bank Building, First Floor, Corner of Main Road and Youngs Avenue June 28, 2004 Re: Chapter 58 – Public Notice for Thursday, July 15, 2004 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before JULY 6: Please send the enclosed Legal Notice, with both a Cover Letter including a contact person and telephone number, and a copy of your Survey or Site Plan filed with this application which ___ _ —shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by July 6: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) ByJULY6: Please make arrangements to place the enclosed poster on a signboard such as plywood or similar material, posting it at your property for at least seven (7) days. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please also deliver your Affidavit of Posting to our office on or before the day of the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Enclosures 1:816Tki, _ 1 EAKINo 1 A public hearing will be held by the Southold Town Appeals Board at Town Hall , 53095 Main Road, Southold, concerning this property: NAME : GERARD SCHULTHEIS 5296 MAP # : 117-5-6 . 3 APPEAL: ZBA DECISION PROJECT: SUPREME COURT ORDER DATE : THURS. JULY 15 2004 1 : 10 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between the hours of 8am and 3pm . ZONING BOARD - TOWN OF SOUTHOLD - 765-1809 .) - _-,r) COUNTY OF SUFFOLK � t" uk 0, ,6* ``1 ;: � , r' • /i/N ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE T S ISLES, AICP DEPARTMENT OF PLANNING DI EC >7 .J 9 July 9, 2003 JUL 1 4 2003 ZON NG Bottlin a PE Aj 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)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Ciampa, J&T 5251 ,1 Weiskott, Jack 5292 Schultheis, Gerard 5296 Corazzini Jr., Richard W. 5304 Robin, Joseph A. &Monique 5314 Ahearn, John& Kathleen 5359 Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G\CCHORNY\ZONING\ZONING\WORKING\LD20031JUL\SD5251 JUL LOCATION MAILING ADDRESS H. LEE DENNISON BLDG -4TH FLOOR - ■ P 0 BOX 6 100 ■ (5 I 6) 853-5 190 I00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 I6) 853-4044 J NOTICE OF PUBLIC HEARING THURSDAY, APRIL 17, 2003 SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P. O. Box 1179, Southold, New York 11971-0959, on Thursday, April 17, 2003, at the time noted below (or as soon thereafter as possible): 11:00 a.m. Gerard Schultheis #5296. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's January 2, 2003 Notice of Disapproval. Applicant proposes to construct Additions to the existing dwelling, portion of which is less than 35 feet From the rear property line, at 1640 First Street, New Suffolk; Parcel 1000-117-5-46.3 The Board of Appeals will hear all persons, or their representatives, desiring to Be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have Questions, please do not hesitate to call (631) 765-1809. Dated: March 24, 2003. Lydia A. Tortora, Chairwoman Board of Appeals TOWN OF SOUTHOLD S -- BUILDING 'MIT APPLICATION CHECKLIST BUILDING DEPARTMENT -%' Do;4__eve or need the following,before applying? TOWN HALL Board of Health , SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey V www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C? f-4736-U O6 5/00003 Trustees i! 5-62,0 Examined ,20 Contact: Approved 20 Mail to:Ge,�,,,( S&L,l-1-1%t:%.1 Disapproved //5 pp a/c P6 dox 2y 9 New S uf•P-. IL NY 1113-6 Phone: 631-73 f- 7265 Expiration ,20 L _ a _ __. WT -i R (=- I' ; { . Buil.i g Inspector • • • 21 '"1-• ' 1APPLICATION FOR BUILDING PERMIT , Date Dece„n Ltr 26 , 206 2 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months.Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. 4,_,/ski.112,_ML---- (Signature of applicantp� or name,if a corporation) PG Igo/ V/9 �I SCAN NY f /'1S (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder O\AJe,r Name of owner of premises Gtraa 14- 6,47 n jy) 5 c i 4e (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate offic3r) Builders License No. - Plumbers License No. Electricians License No. Other Trade's License No. T ocation of land on which proposed work will be done: `6 4-0 Fir's.1-- S+ k f ktki S - k. \e Number Street Hamlet `ax Map No. 1000 Section 11 7 Block 0 s fdt: , ,,3i;.4 Filed Map No. • .-1 " e (Name) ��, :,:;f , 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ' e ► A_ _. l b. Intended use and'occupancy Si n 51,„ w»j Res►ice 3. Nature of wor y(check which applicable):New Building Addition Alteration i/ Repair V Removal ✓- Demolition Ot er - (Description) 4. Estimated Cost 4/ 0 000 Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units I Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. / f / 7. Dimensions of existina structures, if any: Front 4 7 Rear I-7 Depth 6 G Height 17-D Number of Stories / Dimensions of same structure with alterations or additions: Front 4-7 Rear et 7 Depth 60 Height 30 Number of Stories 2 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories �z1-„g' Rear 191/y / Depth i\- lb / (I2o17 Si 9. Size of lot: Front 10. Date of Purchase f 71/q9 7 Name of Former Owner kre-► 'f 11. Zone or use district in which premises are situated "A(► Ar/ e_ (M -1) 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO \/Will excess fill be removed from premises?YES NO 14. Names of Owner of premises Gtmel Schul4kAddress PO rx 2461 Phone No. o3/-7317Z 6.S Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES / NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS/MAY BE REQUIRED. ppf.,%Pt' SiZO b. Is this property within 300 feet of a tidal wetland? *YES V NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. PafT,A* I-4-73e--00 6 silo00O 3 16. Provide survey, to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF r S G2 r 7't . G L1 I .1-181J being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the (Contractor,Agent, Corporate Officer, etc.) r' of said owner or ow`xiers, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the-best of his knowledge and belief;'and that the work will_be performed in the manner set forth in the application filed therewith. Sworn to before me this ,� nc9'7 day of 20 00' Notary Public Si ature of Applicant ELAINE M.DOMALESKI Notary Pubo.604616lic,State of New York 3 Qualified in Suffolk County Commission Expires August 7,ADO(p Page 28 April 17, 2003 Southold Town Board Of Appeals Regular Meeting Public Hearing 11:00 a.m. Gerard Schultheis#5296. Request for a Variance under Sections 100-242A and 100-244,based on the Building Department's January 2, 2003 Notice of Disapproval. Applicant proposes to construct additions to the existing dwelling, portion of which is less than 35 feet from the rear property line, at 1640 First Street,New Suffolk; Parcel 1000-117-5-6.3. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? GERARD SCHULTHIES: I'm Gerard Schulthies and my wife Callie is with us basically we submitted an application to do some additions on our house. The application for a variance is based on the application we submitted to the BD on Dec. 26' 2002 and it was disapproved by the BD on January 2, 2003 as well as another notice we received dated April 16, 2003 the application is for additions and alterations all of which will be preformed landward and within the existing building envelope. Updated elevations of the proposed construction have been provided. In consideration of this matter we also request that section 100-239.4 paragraph B line 1 of the town code be taken into consideration as to whether that applies. That provision talks about building landward of homes next to bulkheads. The area of the land is 12017 sq. ft. the lot coverage is approx. 14% of the lot. The existing house a bit over 1000 sq. ft. in it. It has one bedroom in it, my wife and I recently moved here full time from having 2 houses and we do have constraints with size. The location of existing buildings/bulkheads/tidal water and the septic system make it impossible to build in any other area and what we are proposing to do is basically use the existing foundation and go up. CHAIRWOMAN: It's not a full 2nd floor, it's a partial 2nd floor right? MR. SCHULTHIES: It's a 2nd floor over 1 section of the house and a balcony over the other. CHAIRWOMAN: The enclosed covered deck on Schoolhouse Creek is that staying? MR. SCHULTHIES: There will be a plastic roof that will be replaced with a wooden roof. CHAIRWOMAN: It's staying yes, and you are going to replace the roof. MR. SCHULTHIES: Correct. CHAIRWOMAN: We got a letter from a neighbor who supports your construction plans but is concerned about the dust created from construction and what could be done in terms of gravel on the driveway to mitigate the dust. Page 28 of 73 Page 29 April 17,2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. SCHULTHIES: I have a deeded ROW over the approach the driveway coming to he house and I would have no problem putting some kind of stone base to alleviate that. CHAIRWOMAN: That might be a plus factor for you and the neighbor to help those concerns. I have no other questions and if you'd be willing to accept that as some sort of condition, I don't have any other questions. MR. SCHULTHIES: I have no problem with that. MEMBER HORNING: No questions. MEMBER GOEHRINGER: I have to tell you I've been boating in this creek for 20 years and I have several reservations as to the plan and the size and magnitude of it. I won't say anything else at this time. I realize what Johnson's store was at one time prior to you people owning it. You keep the house in magnificent condition no question about it I just have a question on the degree of magnitude on this project. MR. SCHULTHIES: I'd be willing to address that concern. Like I say the house has got as I say just a little bit over 1000 sq. ft. of living area. The actual living area after the proposed work would be about 1500 sq. ft. If you look at existing homes along Cut. Harbor, they are substantially larger. The Suza residence which was just put up has got 7000 sq. ft.. That's about 8 or 900'north of us but if you do look at all of the homes along the waterfront except for basically one little one story house, they are all 2 story homes, they are all substantially larger it's not in taking away from the character of the neighborhood. It's all consistent with the surrounding homes along the harbor including the harbor on Nassau Pt. MEMBER GOEHRINGER: I think since you have a 0 lot line basically where the porch is I think is one of the things that upsets me to a certain degree. I think if that lot line didn't exist and you didn't have a 0 lot line, I would find it more palatable. I am only one person I am looking at this critically from the point of view of what was there and what exists now and again there's no question on the way you keep it and so on an so forth. There's no question to the fact that it is a pre-existing building in reference to all of those things in question. I'm just saying to you that another story, I'm not saying I wouldn't vote for it,we'll see how the board goes. MR. SCHULTHIES: I would like to say that the location of the deck is all as a result of permits that have been applied for over time. The Trustees permits the DEC permits all of which are have been submitted have gone through the review process and have been basically granted. MEMBER ORLANDO: With regards to the ROW who owns it? Page 29 of 73 Page 30 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. SCHULTHIES: The contiguous piece of land is owned by Mr. Larry Tuthill. The ROW is 25'wide from Orchard St. to the house including a piece that goes along the side of our land. MEMBER ORLANDO: How far does it go down past down the docks? MR. SCHULTHIES: It goes down to the back western boundary of our lot. MEMBER ORLANDO: So if we put a condition in for stone, we would just do into his driveway or frontage as well. MEMBER GOEHRINGER: Really the length of the driveway. MEMBER ORLANDO: We don't need the man to stone down past his house all the way to the docks? I took that road, it goes pretty far. MR. SCHULTHIES: My ROW goes in a northerly direction to the driveway that goes into the house and then there's a piece on the south side of the land that basically goes to the - actually that's a swimming pool now and I'd be more than happy to fill that in as well. The water gets to be 6-8" when it rains. MEMBER ORLANDO: Your house looks like it was newly renovated I didn't know why you were taking on this task. It looks like it has a new roof, new siding. MR. SCHULTHIES: No, there was a building permit in 1987. The house was extended at that point in time. New siding was put on because the existing siding was rotting. There is a BP on file in 1992 addressing the rotting wood and repairing it. MEMBER ORLANDO: The roof and siding are 10 years old? MR. SCHULTHIES: The wing that faces the east, that roof is actually rotting right now. The genesis of this whole project is that the roof beams are rotting, the plywood is all rotting and the original project was envisioned as just ripping off the rotten roof and replacing it and because of the type of construction there was a shed roof resting on top of an existing roof it made sense to just remove the entire roof and just frame an entire roof and then as we got into the permitting process especially with the DEC they felt if the roof was going to be higher it would require potentially more living area the issue of the septic system came up and we did replace the septic system as per the DEC in 1988. That combined with the fact that at this point in time I have a mother that is going to need someplace to stay soon, my wife has a mother that needs care right now. We would like to be able to provide some living area if it comes down to that point in time. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? Page 30 of 73 Page 31 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing LARRY TUTHILL: My name is Larry Tuthill. I'm the owner of the ROW and the area in . I would like to note that this is in a MI area. It has been the policy just recently the Suffolk Times said to enlarge these areas where they are non-conforming with the existing marine area such as this is detrimental. What's happened is often Mr. Schulthies has complained about our use of the MI area and has called the various organizations to complain about this and the boaters going in and out of the canal which runs adjacent to his house. Almost 150 boats in school house creek plus people coming in to buy gas and it's more or less a nuisance for him and the people of the property for this boat traffic and he has complained many times because they are coming in early in the morning or late at night and it's I don't think it's proper to allow the man to enlarge it because now he has a bigger investment in the land because it will only mean more complaints because if he has an elderly mother there someone comes in and sounds a horn coming in and out of the harbor there they are going to check that for navigation purposes or so. They have gotten a permit to rebuild the bulkhead many years ago and it went out 2'into the canal which essentially should not have been allowed but Mr. Schulties showed that he had rights to it,but the rights I don't believe gave you the right to come out 2'into the middle of the road. He was just issued a summons I believe in reference to his float because the float was not in his property and they are encroaching on us just recently we put a pile in there and complaints were made about the pile being put supposedly on his property there was an existing post there and it was replaced. I don't think allowing this man to enlarge his house they don't show anything, I don't see any bedrooms they show nothing. They just show photographs and I don't believe to allow we have no idea what this bedroom is going to look like there's nothing in the plan to show us anything of what it's going to look like there's just an outline of the area. I don't think this application should be approved. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? PHIL LORY: I'm Phil Lory of New Suffolk Shipyard. I'd like to commend Mr. &Mrs. Schulteis they have a beautiful home they have done a great job they keep it up real well. My only concern is I go in and out of the canal quite a bit and the bulkhead seems to have a little lean to it. I'm just concerned about if this structure is bigger and puts more weight on the bulkhead what's going to happen to that bulkhead and if it somehow gets obstructed or whatever we want to be sure we still have access in and out of the creek. It has been replaced or worked on. It looks in good condition but seems to be leaning and I can't help but think it's the weight of the structure that's leaning on it or it doesn't look like erosion but I would like to make sure we can maintain that integrity because the creek is used a lot. CHAIRWOMAN: We don't usually look at that. It would be a Trustee issue. MR. LORY: My only concern is the structure being too big without the concern of the creek because the creek is becoming more narrow and shallow. Page 31 of 73 N Page 32 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: The property is R-40. MR. LORY: My only concern is him doing something without the concern of the creek. We should be concerned about it because we have a lot of boats coming in and out and nothing should be done to be denied that access. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? MR. SCHULTIES: I'd just like to address the concerns that were brought up. Phil Lory is concerned about the bulkhead caving in. Right now if you measured the bulkhead, it's completely vertical, it has a twist in the shape if it due to a modification in the permit where the original permit back in 1987 was to build a bulkhead 100' along side of the creek and it was decided in consultation with everybody that the bulkhead be built the entire length so rather than running a straight line after you get past the first 100' the bulkhead takes a little jog to join the rest of it. The bulkhead itself was over-engineered the design specification called for 2" sheathing and 8" diameter pilings the bulkhead was specifically built with 3" sheathing and 12" diameter pilings and when the bulkhead was actually being built there was a section that was open and it did cause the water to undermine the foundation as part of the building process and entire new foundation was put in on the north side of house along the whole length that now goes 8' deep and instead of a 16" wide footing it's got a reinforced concrete footing that's 24" wide. So the footing has actually been engineered in such a way that if the bulkhead were to disappear for some reason the footing is still sufficient to hold up the house. That was a concern and there was an engineering design to take care of it. CHAIRWOMAN: We have to move this along because we are running out of time. I want to ask the board member what they would like to do at this point. MEMBER GOEHRINGER: I have to tell you that my concerns are still there and I don't know the construction on top of this existing house is of grave concern. MEMBER ORLANDO: You're on kind of a peninsula, you're all by yourself out there. MR. SCHULTHIES: There are aerial photos on the house as they existed before the 1938 hurricane. MEMBER GOEHRINGER: It was a baitshop. CHAIRWOMAN: The other side of it is the living space is quite small in comparison to today's standards certainly 1000 sq. ft. is not a lot of living space and to go to 1500 sq. ft. is not a monumental request. Does the board want any additional information? MEMBER GOEHRINGER: A floor plan would be nice. Page 32 of 73 Page 33 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. SCHULTHIES: Right now I'm in the process of deciding the type of building construction I can put together a simple floor plan if you'd like in a day or two. BOARD SECRETARY KOWALSKI: We need 6 copies. MR. SCHULTHIES: That would be fine. CHAIRWOMAN: Why don't we close the hearing pending receipt of the floor plan. I'll make a motion to do that. PLEASE SEE MINUTES FOR RESOLUTION ***** Page 33 of 73 I ' 1 RECEIVED ZONING BOARD OF APPEALS - APR 1 6 2003 TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of ZONING BOARD OF APPEALS Ge-al 1-1 ( AFFIDAVIT SI +�.�., OF SIGN • (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- I.17 - - 46.3 - X _ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, GTPr°''rk residing at 16 4-0 Fri- &i I7 No", Sd 11: , New York, being duly sworn, depose and say that: On the 84k day of Aio r-, , 2003 I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has remained in pla•e for seven days prior to the date of tree subject hearing date, is grin • - / r shown to be zoo3 I (;ignature) Sworn to before me this • /64--day of,2P,ex.. , 2003. NANCY T.FUSCO Notary Public,State of New York No.01FU4882475 Quaffed in Strout County,,� ! • % Commission Fires Jan.20,22i 3otary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. -,,„,:' „. • .. , • 'A C—jS v ill NOTICE OF PUBLIC HEAR- / e 43), \__.. ' '' 'j.,,, ,,TN,GS,,,.• , - X ittOR$D'AY,ATItIT yz; ()oa \ souTTAOLD TOWN BoARri--, . RE ',1"'' -.,- • -•,,-. • -,,z-,.,,-,?iAPPEALsji''''' -HEREBY g4rds-0,401x0Ota04,-(-coverage . NOTICE_,,,;:4_-,:i ,s1,... 21-1EITP:. :1_ exceeding the code COUNTY OF SUFFOLK -S.:. -,::s , --.".--',' '','-, 20.,r,,,,-,.at- ,,,, 15:400eii,Qi Lane,' GIVEN2pursitantitaSeetion'g.67 ii-Agtiiiict-,P,,..61-41:4(rtb,09,4437 STATE OF NEW YORK ss: -Tv.1%,.. t...r3.3,, . 6 ,417.41.1e>TOMI.ttaw--and-°'' F• 24.„ ,,:;,.,-.r.f.q.)...,-iit,,•-: .)...,.:*rt.=. Lise Marinace, being duly sworn, says 100;(Zoiiing.);-COde..of thipTewn ,,,y.. A01:5pit. ,„ nPhilip and.,Jeyce bf*outheld,,ithe following public V S'"-4- 97''LL,'Relfuegt;•;,fPX...,*44 that she is the Legal Advertising hearingg,...-.wilfgrbildield by the ,,„_, i-iancoOluct51*cliPii,j00;234,- SOLITTIOLD.TOWN BOARD 'hiqgC.:Ion': *4140-'-',1,1tiii4g• 0 or , C dinator of the Traveler Watchman, ce:PaTEALSi'atfflie ToVi&ilall, oe-003-eii.6 j)66,6*411i,Z02,2 54,095:;',Wain:',,R6,ackf-.13.0:.t-Bo X Notice --Ti:df'''`,',:-10441iprQY44 • ,, a public newspaper printed at Southold, -1,09;'1.2i$01ftkpid'i New.;1.. York, _;'''.4;ptc.6041--,„prepdse, -a„fence in Suffolk County' and that the notice of 41971 4,0959;9#-•41",gsda -Pril' exceeding: T,the.::,. i.6a:ey four ft which the annexed is a printed copy, has •,11k-2003,;•,at then tiiiies.,7noted hgight InionitatiOn*heildCatecrin lielOW•lifor:ag-,,soeU thereafter as ra•fron.t .yard -at '•500''Old North been published in said Traveler pe*ib10:,1, ...?. ,_ ,,,,r 1,1, ,,.,,,-,%,,,,..::3 ' Road,'"goildq4;,1):al:OtiV)qi* Watchman once each week -,,f91.30;.iaan;:‘,.Fisher§,-,ISland'.Club L-8,1,,,-qrrA;--,,,„', ;:--'--,•':„` ,.,A.„,7-;,; ,,,.4 • Inc.•y'#5290. ,: Request for-. ;;''.$11'.00.,.:Utnr.:4Gefar&SChtiltileks ' for / week( - successively, Special EiceptionyiniderSecticon: #52,96.14eqt,At t fa-,:w.1,41*-0 4 001.113:(71f taP-cansiiii.C„ti,°,,R,T,ta 1,100f:•Sections.',,10W2-42A:,!and a,_ commenc.. 9 on Le -2 1 day of niakitelianeetstOitge.17k4DUng a`id'adjacent covered. ge..r,edi:_a,rea at.' ..ani . I 00l244,„bra, ed,',.;.nf7gAhf„..001040.; .. Pr• eliStint "galf6*61fs6% s46. Departnent's,jannaty12;: 20J Location Vrorertr,EasUEn Notice of Disapproval ROakNisterg4-glatkparcel AryicaftTroposes to construct / 1 c- /4/./,,. IQ00-Ed3.T3a itiblq;tokthe- exiSting . . 9404d.1 . *ehiistorther ,okellikOotijokbllONSIOS Showalter 45291igaeRpkt tot)4 theos tt fOnth :tegIMOT. VailaneetUnder LSection>f00 (,Ifie1:1(40,Ffiti.Street,NeW 23 .44itiasedoigthelBuilding iffEli:. ace11000417;5443. .(•s., .2.0.0.--.C3... e-.• .... t. 4f5,% a,:46.664.,,Itt-1:sbiiii,_.! 64ai-oteOt's,peidinbOli,4',F2002 , -:,,T.,., • Ps Sworn 'ti i before. me this. .....day of NOffeef4g,,qiiii .f...ti,Dkatiprov,i1;.- -g32921'-- eiiiie§t for'0'-';Variance under:4-Sictied::,1003 iJA:.4-'1•'aiid a-c,-cA-7-2 0 0 3 .40„lio4litvlpposo:s:ttoconstruct top3;3c: 1•,,i,s''-d.cit.„:th6-',-Biliping. ateiadditioni,;:to-.4,ithei-.,e-j0,0ting.. /S-'-irtvlit'sDecember 6,200 dwell in at leas,thin as feet from jo,,,we,,,- .,,,bisaii.i*dvw.,01,040 t4It Imilkhead:(,).'0Leeation:?:of ''s'”' December 31; ',.'4,i,J54311,64lit 4. -2:"..?&I.,:". . Property: 1 015 Orchard Lane proposes• ,,..4iie.v.,.:;;,,a..,,,1111,,4: •• - • •• •• •" Southold;Parcel 1000-90-.4--1 , s .,.8Alralyr-ai71,4yz.64,7,-g - Notary Public .5*4150:ihiii Jack Weiskeitt f#5292- .-a4 " IV garage, relocating fiti-'yo-- , Requotiot,a:4v,ariarcce,.untlei • 1 oratiotioi a Ode yard, and 0983;,.A.:0:Thasedu on the ti.;,--4,i'i,j0:41.se,!,,-.4i0„•ialldAk;liViug. con- Building; Department's;,,,October -aira',7ate.c.Z745, ?flier'Tree** Emily Hamill z-4`i NOTARY PUBLIC,State of l',:•-•,WitthNY11W•S4e,OC,k1:1„, qzaf,:ill5 1511'2902,NoticeLot,pisoprovat:: , ,cateitt•-:Parcel;1',0P;O:";2- , Applicant proposes to construct -: No.01HA5059984 : POBdOri,,,C,OUrt-;tcrelld,840f;4the 117‘t6tgre"6001:18e840e8.ithlatt 100 , :Lfti'.60;',1/41-ff''Georie.-'and:Stella &Adlera'.'45 3 2 0.,40:0'4 ifor.U. Qualified in Suffolk Cou vey,,,t,§) P(If,o Oal,qztrood Rd), fget tfrointhe-; riOt'-olfay;::rat voistieefulidoi,-,sottaii.,,:to,q- Commission expires May 0(, Le,Br, ,O),iltP,•,,,atce):,490.043,7,.:Q•i6 ,1, -:,2,:• ,-- 4.,-.1n /radeInte,13ro eke 4000 0.ount./„Rdk48';Sonthold;' 30.A:4•'-',a11%(.100=33-;-,:baAed".On;flke 0:51.86-;;'14etitilefora;!,,,,..liariaitee Parcel 5.9=1 0:.-,3:I.'•q-r..'''','---.'.'"' '''''''' BUildinitneiiartinefit'8':-October -,14114E.1 :60-90 -i'i:l.0,9;PC,,:,.19,Qi' 10 00 'ithiii2. Richard Bird • 21-2002Motice ofDisapproval. . 3,944,4100-34 C id on on,the #52i93--f.,;,-.3teciiiegt-cfwa.,Vananee Applicants'prOpdse,an„ui,H-gr.o9,0 Bufilib-rlpOfiartment.46R.Fil under,Section 100-244,based switunillit'Reer.;:ittlittnienif,an thetP:BUirclibt-`),'DOP•ai 4116iirs area*111-:t narr.r.threcluired'Tear ,200Z-Notte-euf Pit,prcval stat.. ., ,, ., ...„“,„ e . '.,,,1 r ' December 23; 2002,Notice of Vd-',&';:0 0'.So,iiild'OqichElki:Ye, ing,th4:0,11.9.3pTopose_,,;.structurc is Disapproval. Applicant propos- .N4Y-attititek,-'14,reet 19004971-8•I.: nP.C.9.:PcM40,•-•4*,54407,0** es*, build a secon&Story.raddi4 ,- ..1:S6.1illiiI''North''Fork'''.Rank do6 Rot'ingeedie::,kod,e! ,,herght_ tiuni WitiOnsiofhich are beat- 4,6e,y,,,,,,-.•_c/4000.or,,v4roji s IiinititiOn 61:ininimum setback ed.'s:.less,than-35-feet from,,the -!"' under''S Request '100:205N,and previ§,iom. 1?-4.pplicankiiirdpos4 fret, lot line. ,of rop4'20:64-`baeden:the)31#104 an ' '" strife- ProPerty: 620 ', Lake..,-Drivc,_, bk.0010;itek, October';92004 ture;atlessithan 5,0,feet from,the SoUthold7,-3ParCelflti009.4.1.2Z.,,: Tc.„tie,q,oftpiore'Val;•4,0407 fi3Oitt ip,r,Rp-,r.ty nliPis-(,A.1.14 ata 1410,a..ni. Paul aiiii21-6,..1#52-99 -.:4 .4.;,,,a .,.,,_identification, .,.:.:„,,,„ lieiiht-treater-thait-tilef.,,cede:lini5 ,.Request for 4,-',.,V,,,arianCes Under' .•'Z.Z.,i,11,MiTril; , A : igis;;11, if.'4.4cittlf,:ifq.*feet;i'of',.,:$?sil?'ettys Seetien..101/244„E4bae,c,f,'0 Ilk . 6." feet'nf,liahf-atidcgoP4'get to be Plit)5ef ckent•P#cet.10bCiA 4-7; Building .'•-'-',-Delial.,441-ries• ly-iiree t teiliall-P,„ Location ?;Z.1...1Q,1-.;,,..;6).:- -.:)1'11 December A 8; 2002; Notice of g. 902;53'M'irt•--1.'Oad--7\•;Nefattitficki-- •',The VP,Pis if Pr'4P.P:a4.,i41.-heAT DiYa(Uptdval,',i,atriendelanuay,, - Parcel o-1-,4z-4.023-.„;;;'ot. i: aItiRct,-q,q1.1s-;:;.,9E/trim%rec5cutal '.:9,:_4;0„pgt ApP,licii#,,,qifp,ip-9,,,,,,i't -tpda.:,!:-,,.'-',i': i6:103-,ailenrlyst 4YPIN-4,Ssly-V.6APkOAt-..,0a01. ilt,Y,V'Z'avt'Ainfig',Y1,11.,*,,,.a-lel°,4i-rA4'..1.-f. -*52414't'V4Ue'gtfi3r-a3L'ejtm-,,,aiyet heirin,z;)qn, Or,,,c,Ipsquig9:,sUb,:7, • -16qpiliab-,3 'f,01.-'4T:91# ,thef!folli -nix-7. -Vet,:gefi'04:100;2:01'416*.0:64 ,likyTtteditanterneinOefore-ttLe andireaOppropertyAnies,.at 258, th,,,,f,:,,,,7-Rlydt}l -L•tiDiell4 gq4Cill*Pilq,)1::---Wi. j1:0-rill,g:;, 0,illettegprive;i -East„IMarien.; 3-47,,,i6d.T. ,.,,,,z-,:i.---, 902,x4,Notice of glP1.1)1aq, pag;:*Alliv,Ps-..§tArGoarn-,•' 400*3MilionAliner--Tot,. 1 , Parcel_ tiTsPiptorq, stating that-il-00Q.7, eyAlArt-s,ps,kg14,064.aigoy,e,•,`,,,Fil0 N-37.1 7....,,,.., -, ..,,-'-'. -• - ',r,'.' 10,4f-6142 -,,,,. rout),prp.aof kev-aVa'italik--44i 47,0),elvi,during 410`f20t.fk,;, 41iif'',.3 i']-: Uay_ 4315V-4410.1.11:a -AetiOCil with i'. 01‘41111.4.44.§',11'6,Y*)Jf>,,Ypli clhiiii,SehMefor",!:#5.1I2,414Re...ctucs( _ ,v.,-dl'oilit440;ifea---!toop--,1:04L have questioh-s, pkw_,4p, not fort Variances,,under Sections 6:7.43.1,=(4.5;X-34;Ai-ft.)..due tocutur . hesitate itli:call,(01)-30 1 go9:” 1-004244;r;anci 100-29.4B, based , thsur.i,awrii),-digiiielkAlcilod', PateMar`ch 24,200 ` - • --,•Lydia• i-ine-the 74.,,Bilildingt De4iartinent's' , •6-f.,,koe.; lee,r,,,..j14.4 ,,, ,,j.90: Lydia'A.Tortora,Chairperson Iaiitiaryiq 9,;5'.2,0 c11.,f Notice,, of ,,,kiii,jic-anroposes,-,s3,-,:unalle , ..i m-cly);z Board.,ofAioopeals' 1)ikaPproVal amended' January, ,,,,,„:,,,,, , ,,,,,tf.q1.0-,,,t4„,1.,,s,,,,:9, '•,;-:1' ''; ..ir i'i' :` 1X-L347103(6.17) 181•40034',for the reason::thattlie - `properties 11:417 Wnittr'io.,..etifeliCtike/' ------ -- , new constrtietion4urea,,is,..,less , ;43 1i.,30 )4(', IVI-arv.:"..C.\,Berthnka • Ali*iffCet drpa:Siiti,e1i4C'Y#Pi .45295:.',A- P-iiegtfox'AlOtWaiitqf and; -/g5liter from,the ,_ under Section basedIk.# bulkhead; after the dwelling is 600ighe-a--ap4u-tezo..-nktilc...-,te:q}-.. oro- i--iik. !,j,0,6014ie,t,x tgeutioA20frop43y10z11mtaefvvsio2-NotveZ0 04164t4§0MVCn14414- pisaficvlfciOid*0bll(9= 100(970il164titkcli1oopitvoc5 .. • bafaiiiiit-.V.!-:,0:100CA.,'::,t..-:,-Ai•is atr,i9,0(-Ante,OdraicEI:and,,-If9rtx '- 'deg..,crs,tfis ah";-Idia'e,ent-,rand Siaiiii,#52 0 1;1.-:',.1.,Itre,fineglIferl'a 4.A ,,ide .jitd,„1,,s: 0,-(01449; StillO.i.e.:Vxqftiori*der-Soitioi •'• -1 o_O:51,41O;C:1-i,,,:1,1,5„a0fgVfi! laO:4141.',-to%egiabijofrA6c‘,.es"stil'$- ,-,41,,joirtioog4,*on: ei.:g Bed,and)3reakfat,',1,1ggfoi leidg= r1P-P' t tth,e,'",'Vali.. ,,,5f,ciltuiditigifi)19re,:ftle,§,:: ing4nd serving,:othrealfast!;643 8613.:.;g4e.it§, insegdninnetiOni144th. ;Ii,Z(k., r i\-,4t.iiififek;,,,',,Pi44,0,7,N7,;x: thaexifitees, r6kiclonoe-lit,-1100 '.--Ibiiii4T-4-10Y‘ha26.af4djar Skunk Lane,,CutohOgue; ParegL, ,,1,,g4.1.0.6.4.6041{8A 411 j+Leam4,..rcq , 1 Org9Z31-11.18jri_lf :-.Y.._g•:0-',- ' ,nrgetFiat 7 . ":',` 10.140-am.ArIlint Aiello#5298..--'-,t: i fi_t:46-pfk'iviaoi',gnilft`118iiil , ,Section ` - Request-1Wa',,.ly 4i.aliroe!*der '.'biBatteln525,4;1:'-iftgliCAtfdra :,..W004244,15dipdon the •s,..,6cidrE*6-p•toit tthAek Section Btillaitiv,„,MeV l'"456 Parnient's ,'16,0: ;51134.,'„egfabligh-4-ecOorY SeNeflibt3r 25,1'202':INatioe,'.-of Disapproval, Applicant propos- IleY.,42;idlirL4f_a_t,i1.13i.iejoi.r.toirg- 4r • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of S �V � � AFFIDAVIT OF (Name of Applicants) MAILINGS • CTM Parcel #1000- (1 17 - - `i .3 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ,r( 3 c,Lv 1-4e/0 residing at 16 Po 15.24 Ne-w..- Sys 1k- , New York, being duly sworn, depose and say that: • On the ZG day of M - , 2003 I personally mailed at the United States Post Office in /V.•r Suu1k , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current . assessment roll verified from the official records on file with the Assessors, or ( ) County Real Property Office • , for every property which abuts and is across a public or private s reet, or vehicular right-of- way of record, surrounding the applicant's prope y. • ( ignature) Sworn to be,�re me this • /7 day of`i', , 200 ) PATRICIA CORWIN Notary StateNew York Ne.01 J 01C05011852 Qualiified in Suffolk County Commission Expires Sept 13, (No aN ublic) PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers • next to the owner names and addresses for which notices were mailed. Thank you. • r 1_00..trtpee_ TA, 1215- 3-AA tX1-- La'A Gr .-1) $- lv-1. U944' Lo+ 40- 4-7 Ge-r64- S CIL tjr—LeAJ 90 13a 299 L + , . _ ,.1 U.S. Postal Service,. °- CERTIFIED MAILTM RECE.I- ��1 a ,_ (Domestic Mail Only;No Insurance Cof , Pt` fled) w For delivery information visit our website at www.usps.com® 11.1 co MI NE"C.- �'EI fiFNi `. .55E1-4 L L...; MI Postage $ 0.37 UNIT, I Q�9rir. 173 Certified Fee Erlit4�ti 0 Return Reciept Fee ) Po k (Endorsement Required) �•.f5 i}� f nCZ.em 0 Restricted Delivery Fee ''-1 ze° ; KI li 'F{ m (Endorsement Required) l-- O 11.1 Total Postage&Fees °ri 3 > 3 t�c�Q _-- p Sent ToCI M l C`- Street,Apt.No.;r -e ( SGL 1 1- •C 6 or PO Box No. P 0 a ZCi City,State,Z1 . it lb G PS Form 3800,June 2002 See Reverse for Instructions U.S. Postal Service. ru Q' CERTIFIED MAILTM RE� o= , (Domestic Mail Only;No.Insurance Cove age Provided) For'delivery information visit our website at www.usps.come ru (7-'1,, =-' ^;"-3 }1 -.'' fl G ? in- co m .,-.,- . , m Postage $ 0,37 UN-.,\)-----------*,)--, T 4-rni 9,50- Certified Fee ��—�`� Return Reciept Fee c 7I Postmark � (Endorsement Required) 1,75 I ^ a' i�4Ari 1 t [�JO3 O Restncted DeliveryFee 19 R 1 m (Endorsement Required) \\�° O Total Postage&Fees $ t t2 O37,..:,iO4 c�� (yam F'_- ru p Sent To t t 1 im M r tiwrev.tc urn.% N Street,Apt.No.; f or PO Box No 121) -`1,..-ane... State, +��M ©f' +,f 1 19 4+- PS Form 3800,June 2001 'See Reverse for Instructions M104:: COMPLETE THIS SECTION ffK•Tt>77 r at.IRVIX•]r1[H.TL•LTI•I4wimw ■ Complete items 1,2,and 3.Also complete A. Sign. .re item 4 if Restricted Delivery is desired. X "-N., '2 ✓ !n �� J ❑ ' • Print your name and address on the reverse i ❑ .see so that we can-return the card to you. Received by(Printed Name) C. =t- very • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? If YES,enter delivery address below: 0 No Mr \LIS— G--ete.4 of 1n ) Iq I 1 Q 3.,Service Type v 1 Certified Mail 0 Express Mail Registered Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. - 4. Restncted Delivery?(Extra Fee) 0 Yes., 2. Article Number L 7002 2030 0004 33$2 8402 (Transfer'from se� �� estid-Fre urn rtecerpi 1o2595-02-TVI-1540 / III UNITED STATES POSTAL SERVICE First-Class Mail 411 111111 Postage&Fees Paid USPS Permit No.C-10 • Sender: Please print your name, address, and ZIP+4 in this box • G— k . s c,LLi I )--L6 PC. 136 z” _ Nom, N(suuulk, ) H5-6 • , -. 11111111111111111111111111111 // l , :14 pi IrK•Pl,rif»4r4,rl111.- WIWK•10107411rIgl• • Complete items 1,2,and 3.Also complete A. Sigre item 4 if Restricted Delivery is desired. / ❑ ' .t • Print your name and address on the reverse X 'ssee so that we can return the card to you. B. Received by(Printed Name) C. D-te of a elivery • Attach this card to the back of the mailpiece, I or on the front if space permits. ]�.�+. 1424:% D. Is delivery address different from item 1? 0 - 1. Article Addressed to: (' 1 19 If YES,enter delivery address below: 0 No Mf &ra J chv4e;) No„,r S,, g2.di[L N l l J 6 3. Service Type 6f V fffY�� Certified Mail 0 Express Mail ❑Registered XRetum Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes ., 2. Article Number 7002 2030 0004 3382 8419 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail • 111111 Postage&Fees Paid USPS Permit No.G-10 • • Sender: Please print your name, address, and ZIP+4 in this box • G el-Mt 14 , SI, '4et.) 1°0 Zq `1 Ne, Si,►1Ic 9,576:- 0z1 • ,-i Ili la NOTICE OF PUBLIC HEARING THURSDAY, APRIL 17, 2003 SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P. O. Box 1179, Southold, New York 11971-0959, on Thursday, April 17, 2003, at the time noted below (or as soon thereafter as possible): 11:00 a.m. Gerard Schultheis #5296. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's January 2, 2003 Notice of Disapproval. Applicant proposes to construct Additions to the existing dwelling, portion of which is less than 35 feet From the rear property line, at 1640 First Street, New Suffolk; Parcel 1000-117-46.3 The Board of Appeals will hear all persons, or their representatives, desiring to Be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have Questions, please do not hesitate to call (631) 765-1809. Dated: March 24, 2003. Lydia A. Tortora, Chairwoman Board of Appeals SMISSION VERIFICATION REPORT - TIME : 03/26/203 10:43 DATE,TIME 03/26 10: 42 FAX NO./NAME 7651756 DURATION 00:00:48 PAGE(S) 02 RESULT OK MODE STANDARD ECM OFFICE OF y 'LNG BOARD OFAPPEALS% 53095 Main Road Southold, NY 11971 Email addresses: Linda.KowalskiATown.Southold.ny.us or Paula.Quintieri(aTown.Southold.ny.us http://southoldtown.northfork.net (631)765-1809 fax (631)765-9064 FAX TRANSMISSION FAX# 705—I '7 5(0 � fi" ATTN: DATE: 4 /2003 REF: 41//03 'QCr&C WOtcz MESSAGE: A ft-a ate(,1, lS co YY? ccL Y I (id C o rYQ ��, CTVY� Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages to follow: I. t i 1 1 NOTICE OF PUBLIC HEARING THURSDAY, APRIL 17, 2003 SOUTHOLD TOWN BOARD OF APPEALS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, April 17, 2003, at the time noted below (or as soon thereafter as possible): 11:00 a.m. Gerard Schultheis #5296. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's January 2, 2003 Notice of Disapproval. Applicant proposes to construct additions to the existing dwelling, portion of which is less than 35 feet from e r r property line, at 1640 First Street, New Suffolk; Parcel 1000-117- 5- e eBoard of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: March 24, 2003. Lydia A. Tortora, Chairwoman Board of Appeals OFFICE OF 0 ZONING BOARD OF APPEAL 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda.Kowalski(d.Town.Southold.nv.us or Paula.QuintieriATown.Southold.ny.us Jessica.Boger( Town.Southold.nv.us (631) 765-1809 fax(631) 765-9064 March 24, 2003 Re: Chapter 58— Public Notice for Thursday, April 17, 2003 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before March 29th: Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with a cover letter and a copy of your survey (or map filed with this application) showing the new construction area, or map with details of your request to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) before April 9th: Please make arrangements to pick up the sign poster, for posting at your property for seven days commencing April 9th; the sign should remain up until the day of the hearing. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) If you need a replacement poster board, please contact us. 3) Before April 11th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 4) On April 17th, please file your Affidavit of Posting with our office to show proof that the sign has been posted for seven (7)days. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoningg_Appeals Board and Staff P.S. Please be sure to pick up the poster between Apr. 4 and 9th, between 8-11:30, or 2:00-3:30. Thank you. 01114 a' FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS ✓ LABEL APPL# a' � ✓ ASSESSORS CARD (7 COPIES) NAME / /, CTY. TAX MAP (7 COPIES + 1) CTM # /17- -c/p, INDEX CARD (ATTACH OLD) TOWN LIST ALPHA BOOK RESEARCH ALPHA ✓ COPY PRIORS SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION IDOFFICE OF BOARD OF APPEAL Southold Town Hall ` 53095 Main Road Southold, NY 11971 765-1809 tel. r• 765-9064 ZBA fax. *****************f* A*AAA kAit*****Ank*******r*#nk#AAAr. ***************4***** AA ***Irk *** ******** REPLY FORM Dated: ''2 �0 3 TO: Gu,,,,,,( j„,t,,,NtAii, %=(. 69G ( Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail. Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. ( Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: ( ) Notice of Disapproval issued by the Building Inspector after his/her review of this • particular project map. ( ) Check payable to the Town of Southold totaling $ J ( ) Signature and notary public information are needed. ( ) An original and six prints of the map were not included. (Preparer's name and date of preparation to be shown.) ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name. ( ) Six(6) sets of a diagram showing the doors, number of stories, and average height (from natural grade). ( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for$25,000. ( ) Copies of all current deeds and tax bills of the parcels back to '/ 7 -f,„,4--,..s e. 0:x,t5 -R,4tr.•i:aF... •„. „,t.kr,�t•i_'_�.. -./rte.✓� - •' _ . - ...,. m ar• s < _•,.r:aw':< r ., - , • . .T(►wN,01:gammon),.NEW YORK' 'DATE 10/22'00 ' , AOTION OF THE ZONING-BOARD OF APPEALS , • Appeal NO, 2743 -Application Dated September 6, 1980 ACTION OF THE'ZONING BOARD OF APPEALS OF THE TOWN OF SOUITHOLD , ;. D`•-=MIS: •argir-Mrs: 'LVedn,•Krementz - • s.y.16.40';F.i'.r s tt;S t-r"ee t; Appellant -'' j, ' "Neu `:Suff`R1-1< 'NY ••,11956 ' - , t o meeting of the Zoning.Board of Appeals on October 16a 1.9 8 0, the appeal was considered and the action indicated below was taken on your ` Q ) Request for variance glue to Iack of access to property ) Request for a special exception under the Zoning Ordinance (iX.X Request for a variante to the Zoning Ordinance Art. VIII, Sec. 100-80 6 ) , • • • IY SpBZ)SCIONX'.13 .4.05 t1`d aXX1*-XLTo G)(Xv)raXxd'eI'e3(d(iiia(Ixlcau •cxoatxmelitron ( ) be • granted ( ) be denied pursuant to Article Section Subsection , paragraph .. of the Zoning Ordinance and the decl'sion of.the Buildin -Inspector- m g' P ( ) be reversed ( ) be confirmed because Public Hearing: 7:35 p.m. Appl i cation of Leon -and ' Pauline Krementz, Schoolhouse Creek, New Suffolk, NY 119r67-for a •Variance to the Zoning Ordinance,, Article VIII, Section 100-80 fpr permission to construct detached garage, in the front and/or slideyard area. Location of property: 1640 First Street, New S ffolk, NY; bounded •north by Schoolhouse Creek; west. by Tuthill ; - s uth by Tuthill; east by UhT and Cutchogue Harbor; County Tax ' M p -Item No. 1000-117-5-46.3.' - ( EE REVERSE-SIDE) ' 2VARIA]�ICE.By resolution of.the Board it was determined that - (3.) Strict'aimlication of the*ordinance (would) (would not) produce practical difficulties or unnecessary hhrdthip becahse , (SEE REVERSE SIDE) . (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 • • ' ( EE REVERSE SIDE) - - (i) The variance',(does) (does mot) observe the spirit of the Ordinance and (would) _._(would not) , _ . ci$ange'the character of the district because ( EE REVERSE SIDE) , , - ; • - ' . '• • • arfd 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. . - ” - • - - ' ZONING BOARD OF APPEALS • F911/ZB4 ' , 1'• Y.1 :,:',',,, :',,..7',;-,•,- „`r r ,;;;;T.....-.�l,!,,LdrC:,•,.Y.4.J••, r:., r.-„ . _ (` �I,.^�,=• o:-' ,M1 ±S,v•..titer. • t ' ' .' .` .. ' • .•' •�-*' . `, .,:-.1...,--��' ��� � 4 =: ' ''�'` ��� f� -f•_�'�� ."` � � . . After investigation and personal inspection, the Board finds �' . ' '• as follows: / , ` • . Appellants have appealed to, this Board seeking a variance to construct, � a detached two-car. garage in the frontyard area with .. ' . . d frontyard setback of approximately. 5' off a private right-of- ' way' ^t tht .nurth side of Orchard Street, New Suffolk, New York. ' ' . ' '. . • The /emises`�n question' is a parCel of land containing , . approximately 12,000 square. feet in area and zoned .C-Light . ' Industria1 , ' There: is presently existing on the premises a ` wooden frame buildlng with porch and attached small shed at . the southwest section of the frame building. ` ' . --� ^ � ��°� . . '^.., ` � ' • ; '. . . The Board f s the circumstances present in this case are . /�hiquaud strictiapplication of the drddnanoa would produce � practical difficulties or unnecessary hardship. The Board � ' , . . believes the granting of a. varianue in thiS case will ' not, uhunge . | . the character of the neighborhood and will observe the spirit, ' of•tha zoning ordinance. . •, � . / On motion by Mr. Douglass, seconded by Mr. Sawicki , it was . . ' � •� ^ ` � . . RESOLM, that Leon and Pauline Krementz, be ranted a . variance to the zoning ordinance, Article VIII, Section l00-80 • for permission to construct detached garage in the frontyard .. area as^applied for and SUBJECT TO THE FOLLOWING CONDITIONS: . . . ' . Cl ) �That same be used only for storage purposes and be main- . . toinbd x an one-story garage; . .� . That . ame be constructed not closer than 10-feettothe. - ' • - . _- .buOkh�ad~�'' ''� � ' . � . . - ' Lacatiod of'property: 1640- First Street, New Suffolk, NY; , _ Schoolhouse Creek; west by Tuthill ; south by TOthA114 east by Uhl and Cutchogue Harbor; County Tax' Map Item 'N��: lO0O -4�.3^ . � . . . �. . ' � � ' ' ' ` . y0te .cf' the Board: Ayes: Messrs: GriUonis, Doyen,, Douglass, . . G�e�r1nger and Sawicki . �S . � . � �,�� . . . � . . . . - . . '..' � � +� �� � � ' . � ' � •/. �� �� •-. . . . . . � � . • . . • � . ' . ' � ` . � � � . . � � � � . � ' . � . � . . . . � � � � . . . ' � � � . � . � . S . efr orionommi.� . �� . ' . Chairman— Board . , '' . . .. , . ' . '. ' . � � . . ' . . . . . . RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK � peadatt � �� ' ' , ^ �, ,. . . Town Clerk, Town of-Southold . . . , ' � . ' .,` . � ' � `-� ' .� `_/ ~ . ' � � . . #- .•.••- ..... .,.... —mm.m.,......,............m.-..-„......-..m. „ .. .. ... .._ .-* - ‘ • ' . ....,.....„ „ .. • .. „ .. .,. ,. ,, .., . .,.. .. .- .,... m ...-.m ,,,, ,, ........„,_ ...- ,.. ,.., < 1 . . .4).•1.......o., l'r 1 i ' t; 4^ 1 --e , i . f 1 1 , 1 . . L ..... • .... „ i i t . 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