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APPEALS BOARD MEMBERS · Gerard P. Ooehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS Applicant: HELEN RUTKOWSKI DATE OF ACTION: December 6, 1995 LOCATION OF PROPERTY: 1025 Gull Pond Lane, Greenport, NY COUNTY MAP DISTRICT 1000 SECTION 35 BLOCK 4, LOT 7.2 (& 28.16). BASIS OF APPEAL: November 15, 1995 Building Inspector Action. PROVISIONS APPEALED FROM: (former 1975 zoning) RELIEF REQUESTED: To convert use of principal building from utility stor- age to single-family dwelling use, at variance from former Appeal Nos. 1954 and 2032 which required covenants to be f'ded in 1975 pertaining to a limitation for a single use of the property (in 1975 was for a large *'house" boat moored at the bulkhead. ) Property today is nonconforming in total lot area of .626+- acrs. MOTION MADE BY: Gerard P. Goehringer SECONDED BY: James Dinizio Jr. ACTION/RESOLUTION ADOPTED: G~*anted conversion of use from accessory. storage with boat mooring to a single-family ~esidence - within the nonconforming footprint established in the existing storable buflding~ without further reduction into the nonconfol~ming yard setbacks (i.e.~ bulkhead). This variance is contingent upon owner receiving Suffolk County Health Department approval for cesspools (septic) system for conversion to a single-family dwelling use~ and the agreement by applicant that a "house-type" boat will not be moored at the premises. REASONS/FINDINGS: Property has been used for mooring of an owner's former (house-type) boat which contained living/sleeping quarters, and the existing building was to be used strictly for storage and utilities relative to the use of the large beat moored at the premises. Full ownership of the premises ham been conveyed to Helen Rutkowski, who has no intention of mooring a large beat with sleeping/living quarters. The zoning is R-40 Low-Density Residential, and a single-family rssidence on the land in lieu of a house boat at the bulkhead is a moro apprspriate land use. Owner prsfers to re-build, alter and/or modify existing footprint of storage building as a single-family, two-story residence and all other necessary approvals through the County Health Department, NYS Department of Environmental Conservation, Building Department, etc. must be obtained as required by law before construction activities commence. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was ummlmously adopted et GERARD P, GOEHRINGER, CHAIRM~N b~lk APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY~ DECEMBER 6~ 1995~ commencing at the times specified below: Gull Pond Lane, 1000-35-4-7.2 (and Residential. 7:30 p.m. Appl. No. 4353 - HELEN RUTKOWSKI. This is a request, based upon the November 15, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to add a second story and to convert existing boat facility-accessory building to single-family dwelling use due to prior restrictions under ZBA action #2032 dated 5/1/75 and #1954 dated 2/27/75. Location of Property: 1025 Greenport, NY; County Tax Map Parcel No. 28.16). Zone District established 1/9/89: R-40 7:32 p.m. Appl. No. 4352 PHIL( 'J\~'/ This is an appeal based upon the November 3, 1995 Notice of Disapproval from the Building Inspector in which applicant was denied permission to construct garage Page 2 of 3 - Legal~l~otiee of Hearings Regular Meeting of December 6, 1995 Southold Town Board of Appeals based upon Article IIIA, Section 100-30A.4 (ref. 100-33) which requires a rear yard location. Subject premises is substandard in size and is virtually all front yard due to the existing rights-of-way. Location of Property: S'buth Side of Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-6-27. 7:37 p.m. - Continued from 11/8/95: Appl. #3451 - EDWARD AND JEAN ZUHOSKI. This is a Variance requesting relief under Article XXIV, Section 100-244B for extension of existing carport which would be located with a reduced front yard setback on this nonconforming lot (substandard lot area and width). Location of Property: 18250 County Road 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-4-1.1. 7:40 p.m. - Continued from 11/8/95 - Appl. #4347 - DORIS KERR BROWN. Relocation of house at less than the required 100 ft. from Sound bluff. 3400 Private Road off N/S Bergen Avenue, Mattituck. 7:45 p.m. - Appl. of LOUIS MOORE BACON (ROBINS ISLAND). This is an application based upon the October 31, 1995 Notice of Disapproval issued by the Building Inspector, the grounds for which read as follows: A.2 Boat House, BI.1 Garage, C.1 Building, E.4 Garage with staff quarters: 18' height limitation for accessory Article III, Section 100-33A. Recreation all exceed structures, Page 3 of 3 - Legal'~lgotice of Hearings Regular Meeting of December 6, 1995 Southold Town Board of Appeals E.1 Family Vacation Home exceeds height limitation of 35 ft. as stated in the Bulk Schedule for an R-400 Zone (as principal building). E.1 Family Vacation Home, B.1 Lane House, C.7 Caretaker Cottage, E.4 Garage with staff quarters: One Family Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals .... Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; County Parcel ID No. 1000-134-3-5, containing 434+- acres. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and are in addition to other hearings. It is recommended that the file(s) be reviewed between 8 and 4 p.m. before (or on) the date of the hearing for an update. If you have questions, please do not hesitate to call 765-1809 or visit our office. Dated: November 17, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN X TOWN OF $OUTIIOLD BUILDING I)EI'ARTMI,SNT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF 1)[SAI~PROVAL PLEASE TAKE NOTICE Ilmt your a ~ ' . re{urned hemwilh aud disapproved on the following FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 · /(//,~. TEL.: 765-1802 Examined ) ...... , 19 ~q"~ Approved ... ,/ ". ;-." ..... , 19- ~)Permit No ............ .. .......... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS BOARD OF ttEAI. TII ......... ~SETS OF PLA~S .......... ~I~RVEY ................... CHECK .................... SEPTIC FORH .............. t;O? I FY ~ CALL ................... HAIL TO: ////J Date ................ , 19... a. This application must be completely filled in by typewriter or iu ink and submitted to the Bnilding Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildiugs on premises, relationship to adjoining premises or public streets or areas, aud giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this applicatiou may not be commenced before issuance of Building Penni:. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used io whole or in part for any purpose whatever until a Certificate of Occupaucy shall have been granted by the Bnilding Inspector. APPLICATION 1S tlEREBY MADE to the Building Department for the issuance of a Bnilding 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 iospecto~ on premises and in building for nece~ insp~tions, ~a.~ ~ ~.~;..~~ .~: ...... (S~nature of applicant, or name,~ a corporation) (Mailing address of applican~ State whether(~plicaut is owher, lessee, agen_!L, archite_c.t, engineer, general contractor, electrician, plumber or builder. ........ ........... ........ ......................... (as on the tax roll or latest deed) If applicant is a corporation, siguature of duly authorized officer. (Name and title of corporate officer) Iluihlcr's I.icense No .......................... Pltmd)er's License No ......................... Electrician's License No ....................... Other Trade's Liceuse No ...................... I. Location of land ou which proposejl, work will be done. llouse Number Street ............ co.u,, -,.~ ~,, ,o. ,o00 ~,ou .. ~42 .......... ,,o~k...~-- ............ ~o,..Z~' ............... Subdivision . . I Fil(d Map No ............. (Name) 2. Stale existing use and occupancy of pf~¢js~ and iutem[ed use aud (~up~cy of proposed constrnction: -~/~/ ~/-- a. ............................. 3. Nature of work (check which New Buildin; ' ,J JO ..... o .......... e, uamon .......... Alteration . ../. ~epalr ........ .~. ·. Removal .............. Demolition .............. Other Work ....... . ........ /' '.ff..~./ ~ (Descr ption) 4. Estimated Cost ..... .. 0.0.. .................. .................................. . .... / (to be paid on filing this/applicatiou) 5. If dwelling, number of dwelling units ..... ./ ......... Nmnher of dwelling units on each floor .............. ~i' If garage, nmnber of cars ......................................................... ~' ....... If business, commercial or mixed occupancy, specify ~ture/an~ extent of each type of/use ............... ! ..... Dimensions of existing structures, if any: Front , . -c~ ~'-- C' Rear -~ Dimensions of same structure with alterations or ad~ditipns: Front ...o?.c~.70. .... Rear c~ ~.- .0. 8. Dimensionsofentirenewconstmction: Front .~,,~.~:-'.O... Rear .. o~ ~-'O. Depth' '~'" L"6~ ....... Zo ...... ' ' '. ........................ Name ut Vormer Owner ................ .O.. .... 1 1. ne or use (HStrlCt In Which premises are situated ........................... 12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be regraded ..~../Z~).. W ..... ' ........................ . · .......................... vm excess lnl De removed from premises: Yes No 14. Name of Owner of premises .................... Address ................... Phone No ................ Name of Architect .... - Address ................... Phone No. Name of Contractor ............... .......................... Address · · -? ................ Phone No .............. 15. Is this property within 300 feet of a tidal wetland. *Yes " '' · If yes, Southold Town Trustees Permit may be requirgfil ..... t~o ......... · . PLOT DIAGRAM Locate clearly and distinctly all boildings, whether existing or proposed, and. indicate all set-back dimensions from property lines· Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK S S cout, r¥ . ~ 'M' '~' l '6{1' ¢' ~"'PY'(: ~' '~"~'' '~'~ ............ ' ....... beiug duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. tie is the ...~. (Contractor, agent, corporate officer, etc.) · of said owner or oxwlers, 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 fortil in the application filed therewith. Sworn to before me this .......... !..5-"~.. ..... ~/.y kdaS~ f(.-~/i%,O~/.. ~.., .... County ( / NOTARY PUBLIC. St~a(e of N.Y. · No. 4725089, Su}fblk Coug~ ........... Term Expires May 31.19J. fO (Si~'nature of applicant) NOV ~ ~995 TOWN OF SOUTHOLD, NE~/ ~d Town APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ............................................... vryl~ L '-Th" Name Appellant Street and Number ",~ ~ /'* p, , ~-r. ..~.~.~.:p.U. fS..[.. .............................................................. ~..~ ~ HEREBY Ap~ ~ 15~r ~',~ }~ Munlclpah~ State ...... '~ '~ ~¢~? ~ THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUJLDING INSPE~_]b~m¢~ WHEREBY THE BUILDING INSPECTOR DENIED TO .~~-...L~-.I' '~' o '-- ...... ~.a~ /~' Name of Applicant for permit Street and Number Municipali~ Stat~ (~ PERMITTO USE ( ) PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY ..I.:o:25Z.....fC.~LL?..~,,..ZL.L~,,~.. ©~.~r~.xdL ~) ~40 Street /Hamlet / Use I~i;'t~-~;~- on ~ning m,~r~t ]ooo Sec~io, 3~ock ~ Lo~ ~g. . ~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zonin.~g Ordinance b~ number. Do not quote the Ordinance.) , .. Article Section 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( ) A VARIANCE to the Z.~ning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. Laws ( ~/Art, 16 Sec. 2BOA Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)~ (has not) been made with respect to this decision Of the Building Inspector or with respect to this property. Such appeal was ( ) ~e~quest for a special permit ~ '~ request for a variance ~md was mode in Appeal No.S' ...... l..~..b.~-...~. ............. Dated ..... E~.~.~;~.'.~.,R..¢..:~i.~.~ J? 7~ '/: ........................ · . R~SON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( )~Variance to the Zoning Ordinance is r~uested for the reason.that ~ O~O~J fi~ JO ~ ~0 e'~13~i ~ ~d C ~t~. (Continue an other side) REASON FOR APPEAL Continued sar HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike ir, the immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~_ l~.l~_ ~o P.o~) Ge Jc~././~ /~' 2o~,~ RqS,~Jr,~...~.. COUNTY OF. S~gnature Sworn to this //--z~ ~ day o1'.....~ .. 19~'~~ ............. ~""" ' Notary Publicv MARY ANN CYBULSK! Notary Public, State of New York Resrding in Suffolk County No. 52-5895900 Commission Expires April 30, 19._~ _ ,c ~OWH OF SOUTHOLD PR~)PERTY ,.B ORD CARD OWNER ~ /JSTRE~/~ VIL~GE SUB. DIST. FORMER OWNER RE~ ~ 0 SEAS. VL. ~ND Tillable Woodland . House Plat Total IMP. S W COM~. CB. MICS. : Mk TOTAL FARM DATE ACR ~. TYPE OF BUILDING Value LOT FRONTAGE ON WATER FRONTAGE ON ROAD' DEPTH ~ v' l?e, L BULKHEAD. COLOR ~"//'e TRIM / Exter~lon Extension Extension Pon:h Porch Breezeway Garage Potio Total Foundation ~p...t ~*,,'lJ-/, ~, Both' T'W ti Dinette ~t. Wolls ~/ , /-'/ , JnterorFIn~ Fire P'~. I'(~/qtd"~'l' I ' T~ R~f ~ ~/~ R~ms Ist Flor JBR. ~ J~r Driv~ay , ~'l-gO?I J DEPARTrvlVNT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUNTY EXECLmVE S]~PHEN M..JONES: A.I.C.P. January 11, 1996 Town of Southold Zoning Board of Appeals Gentlemen: Re: Application of "Helen Rutkowski", Town of Southold (#4290) Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Stephen M. Jones Director of Planning GGN:pk A:~SD42~O.ZNJ S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE · P.O. BOX 6100 · HAUPPAUGE, LONG ISLAND, NY 11788-0099 · (516) 853-5190 · FAX (516) 853"1044 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dirdzio, Jn Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road ED. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursu~t to Art/cle X2[U of ~ Suffolk Cottony A~i2~is~rative Cede, The Board of .App~l= of the Town of SoWchold, N~ Yor2~, hereby refers tb~ foLlcwLng to the Suffolk County Pla~ Ca~missi~n: ~Variance from the Zoning Code, Article , Section __ Variance from Determination of Southold Town Building InspecTor Special Exception, Article , Section __ Special Permit XX Provisions Appealed from former 1975 Zoning Appeal No:4290 Applicant: Helen Rutkowski - ~oca~io~ of_Aff~ted. Land:.~925 Gull POnd Lane, Greenport NY uouncy /ax map l~em mo.: [uuu-35-4-7 2 and 28 16 ' Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land 8oundary of E~isting or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has establisbed Channel Lines, or Comments: Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Applicant is requesting permission to convert use of principal buildinq from utility storage to a single-family dwelling use Copies of Town file and related documents enclose~ for your review. Dated: December 19, 1995 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 December 18, 1995 Mr. Donald Bracken, Jr. Brackenbuilt Homes, Inc. 1305 Jasmine Lane Southold, NY 11971 Re: Appl. No. 4353 - tIelen Rutkowski (Variance) Dear Mr. Bracken: Please find enclosed a copy of the determination rendered by the Board of Appeals at our December Regular Meeting and fried today with the Town Clerk's Office concerning your variance application. A copy of this determination has also been furnished to the Southold Town Building Department pertaining to your pending building permit application request. However, it will be necessary for you to contact the Building Department (765-1802) to determine what other documentation is required to re-activate your building permit application. Also, due to the proximity of this project within 500 feet of a waterway, State or County Road, we have transmitted copies of our variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. The County is expected to finalize its review and forwarded comments directly t the property owner within the next two weeks. If you have any questions, please feel free to call. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning FOlt~ NO, 4 TOWN OF $OUTHOLD BUILDING DEPARTM~,NT Tow~ Clerk's Office Southold, N. Y. Certificete Of Occupnncy No. Z$69.7. .... :. Date ............. 5ap~ .... 23 ..... , lg..7.~ THIS CERTIFIES that the building located at E/$. Cull. P. ond. Lan~ ...... Street Map No. r. fuc ........ Block No..x,xx ..... Lot No...xzx..Greenpor.t..~{~. ....... conforms substantially to the Application for Building Permit heretofore filed in ~hls office dated .............. ,I. ul¥..30~9. ?5. pursuant to which Building Permit No... dated ........... July.... 3.0., 1975.., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which ~b~s certificate is issued is . .u.t.lli.ty..a.. ~.t.o.~e..]~u;~lding. f.o~. p~'iva~;~..l~oa.~ .u~..(appmove~i .by Bd Ao~eals ) The certificate is issued to .He ~Le~n. Rut~kow~ki. ~..Jte~e~-..~ro~ .... ~wner~ ...... '. (owner, lessee or tenant ) of the aforesaid building. Suffolk County Department of Health Approval ~ep.t... ~...1975...by. ~,. Vi~la. ..... UNDERWRITERS CERTIFICATE No..~. 2h~ $~ .... ~e~t. · .1.7 -. ~ ~7% ............. HOUSE NUMBER .... ~ 025 ..... Street .. ~ull. P.o~l. Lane ....................... Building Inspector [ OARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tonora BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM' FOR COORDINATION Southold Town Hall :' 3()~ .'; ?,~n Road I~O. Box 1179 Sour_hold, New York ! 1971 l~ax (516) 765-i~23 Telephone (5~ i6 ~ 765- TO: Chairman and Board Members, Planning Board Chairman and Board Members, Town Trustees Building Department, Attn: T. Fisher FROM: ZBA DATE: November 30, 1995 SUBJECT: Coordination on Projects (Possible Jurisdiction and Reply Request) This will confirm that the attached Agenda will show the ~upcoming meeting of the Board of Appeals with the matters to be heard. It does not appear that any of these projects will be under a site plan or subdivision application, however, if you have an application pending which is under review, please forward your comments. We will then be in a position to coordinate the same with the applicant. Legal 'llothnm NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN. pursuant to Section 267 of the Town Law and thc Cede of the Town of Soutbold, that the following appli- cations will be held for public hear- ings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Soutbold Town Hall, $3095 Main Road, Southold, New York 11971, on WEDNESDAY, DECEMBER 1995, commcnciog al the ~imes speci- fled below: 7:30 p.m. Appl. No. 4353 -- m ! ................ This is a re- quest, based upon the November 1995 Notice of Disapproval issued by the Buildio8 Inspector, in which appli* cant was denied a building ~ermit to add a second story and to convert existing boat facility-accessory build- ing to single-family dwelling use due to prior restrictions under ZBA action #2032 dated 511/'/5 and #1954 deled 2/27/75. Location of Property: 1025 Gull Pond Lane, O~enport, N.Y.; County Tax Map Parcel No, 1000-35- 4-7.2 (and 28.16). Zone District estab- lished 1~9/89:R-40 Residential. 7:32 p.m. Appl. No. 4352 -- PHILIP GIOIA. This is an appeal based upon the November 3, 1995 Notice of Dis~approval from the Building Inspector in which applicant was denied permission to comtmct garage based upon Article ILIA. Section 100-30A.4 (~cf. 100-33) which requires a rear yard location. Subject premises is substandard in size and is virtually all front yard due to the existing rights-of-way. Location of Property: South Side of Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-6-27. 7:37 p.m. -- Continued from 11,~8/95: AppL #3451 -- EDWARD and JEAN ZUHOSK1. This is a Variance requesting ~elief under Article XXIV, Section 100-244B for extension of existing carport which would be located with a reduced from yard setback on this nonconfom~ing lot (substandard lot area and widlh). Location of Property: 18250 Conmy Road 48, Culehogue, N.Y.; County Tax Map Parcel No, 1000-96-4-1.1. 7:40 p.m. -- Continued from 11/8/95 -- App]. #4347 -- DORIS KERR BROWN. Relocation of house at less than the required 100 ft. from Sound bluff. 3400 Private Road off N/S Bergen Avenue, Mattitock. 7:45 p.m~ -- Appl. of LOUIS MOORE BACON (ROBINS IS- LAND). This is an application based upon the October 31, 1995 Notice of Disapproval issued 5y the Building Inspector, the grounds for which read as follows: A.2 Boat House. BI.I Garage, C.I Recreation Building, E.4 Garage with staff quarters: all exceed 18' height limitatioa for accessory structures, Article IlL Sectio0. 100.~3A, E.I Fantily Vacation Home exceeds beighi limitatin~ of 35 ft. as stated in !he Bulk Schedule for an R*4O0 Zone (as principal build- ing). E.I Family Vacation Home. B.I Lane House, C.7 Caretaker Cottage, E.4 Garage with staff quarters:One Family Dwelling not to exceed one (I) dwelling on each lot under Permitted uses in an R- 400 Zone. Actions required by the Zoning Board of Appeals ,.. Location of Property: Robins Island, near Nmlh Race of Oncat Peconic Bay, Town of Souihold, N.Y.; County Parcel ID No. 10~0-134-3-5, eontain~ ins 434:e acres. The Boar~ of Appeals will at said time and place bear any and all per- sons or repi~esentalives desiring to be heard in the above applications. Written comments may also be sub- milled prior to the conclusion of the subject bearing, The above hearings will not start befo~ the times desig- nated, and are in addition to other hearings. II is recommended Ihat the file(s) be reviewed between 8 and 4 p.m. before (or tm) the dale of the bearing for an update. If you have · questic ~lease do not hesitate to call 76~ 09 or visit our office. Dated: November 17, 1995 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 8559-1TN23 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK ) ~~ of Mattituck, in said County, being duly sworn,t~ that he/she Principal Clerk of THE SUFFOLICTIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southoid, County of Suffolk and Slate of New York, and that the Notice of which the annexed is a pril~t~d copy, has been regularly publisl]ed in said Newspaper once each week for / weeks ,u/~ely, comme~cl~ on thel§.~.~ °x~'~ dayof Notary Public Sworn to/be~ ~ ~i~/~__~ day of ./x-~LY//'-E/z ~ ~.- -/..) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dirdzio, Jr. Robert A. Villa Lydia A. Tortora November I'Z~ 1995 BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Halt 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mr. Donald Bracken, Jr. 1305 Jasmine Drive Southold, NY 11971 Re: Appeal No. 4353 - Helen Rutkowski (Conversion of Building) Dear Mr. Bracken: Please find enclosed a copy of the Legal Notice as published by our office, advertising your recent application for a public hearing to be held on Wednesday night, December 6, 1995 at the Southold Town Hall at approximately 7: 30 p.m. Also, please affix the enclosed sign at the Greenport property where it can be easily seen by passersby (and Beard Members when visiting the site), facing the road. The sign must remain in place for seven days (or more) prior to December 6th. A form confirming your posting is enclosed for you to complete, sign and return to our office, either by mail or delivery to us at the hearing on December 6th. If you have any questions, please do not hesitate to call. Very truly youra, Linda Kowalski Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of HELEN RUTKOWSKI CONFIRMATION OF POSTING being duly sworn, depose and say: That on the /g~c~of I)~r, 1995, I personmlly posted the property known as ~10~-5 Gull Pond Lane, Greenport, NY~ by placing the Town's official poster Notice facing at the front (road side) of the property, where it can be easily seen, and that the poster has re~ined in place at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held December 6, 1995. ) Dated: Dismember , 1995. [signature) 12/14/1992 ~TRICT: ]0 ~T I ON: 3.00 )CK: ,00 '.002 14:49 3157368457 PAGE 81 OONSUL? YOUR IdlWYlll IIItOII Sill, NINe THIS INSTRUMENT - THIS INSTIUMINT SHOULD ii URIID BY LAWYIR$ ONLY THi$1NDEJqTIJRF..,madeth¢ ~./"~'dayof June HAROLD STETLER,residing' ' at 607 Wiggins Lane Greenport, New York partyo(the§ratpart, and HELEN A. RUTKOWSKI, residing at 1903 Mimosa Avenue Fort Pierce, Florida party of the second Part , .ineteen hundred and ninety-one $ JUN ~6 1991 ]RANSF[R TAX ;~' SUFFOLK ~OUN[Y W, FT~F.,,~il;TH, that the party of the first part in eonsiderat on of ten dollars and other valuable consideration pard by the pa~y of the second part does hereby grant and release unto the ~ny of {he ~ec~ ~rt, the he~r~ or succes,~ rs and a~igns of the pa~y of the second part forever, ~, u,d.v.~e_~ e~e h. f~ ~ ~ fev~.~T, ALL that ¢trtain plot, piece or parcel of la~4, wi~h the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, and State of New York, being bound and described a~ follows: BEGINNING at a monument set on the easterly side of Gull Pond Lane, which said monument is set at a point on the northwest corner of prem{ses about to be described; said point also being distant 917.82 feet southerly and southeasterly from the corner formed by the intersection of the southerly side of North Road with the easterly side qf Gull Pond Lane as measured along same; RUNNING ~HENCE north 66 degrees 01 minute 20 seconds east to the edge of the dredged canal 165 feet, more or less; RUNNING THENCE in a southeasterly direction along the westerly edge of the dredged canal to a point on, the northerly side of Lot 12 on said map, 140 feet, more or less; RUNNING THENCE from the said westerly edge of the dredged canal on a ~e which is the northerly boundary llne of Lot 12 south ~0 ~egrees 54 minutes 30 seconds west to a monument 188 feet more or less to the easterly side of ~ull Pond Lane; THENCE north 43 degrees 00 minutes west along the easterly side of Gull Pond Lan~ for a distance of 51.51 feet; THENCE north 68 degrees 19 minutes west continuing along the easterly side of Gull Pond Lane a distance of 88.99 feet to the point or place of BEGINNING. TOGETHER with all right title and Interest, ~f any, of the party of the first part in and to any streets and road~ abutting the above described premises to the ce'aCer lines the'reef; TOGET'HER with the a' urtcnances and all the estate and rights of the party of the first part m and to sa~d premises; TO HAVPL~AND TO HOLD thc premises herein granted u~to the party o{ lhe ~econd part, the heirs or suceesnors and a~ign~ of the ~rty of Iht second ~rt forever. AND the fatty of the first Part covenants that the party of the first part has not done or suffered atLything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first ~rt, in co~pllance ~iUt Section 13 of the Lien ~w. c~venants that ~he parly of the firs~ Pa~ will receive the ¢onsld~ralmn for th~ conveyan~ and will hold the right t~ receive such consld- eration as a trust fund to ~ applied 6fsi ~or the pur~e of paying the. cost of the improvement and will apph' tile same first ~o the payment o~ the co~ o~ the improvement before usmg any ~rt of the total of the same an~ other purpose. The word "party" shall ~ con~trued as if it read "parties" whe.ever the sense of ~hi~ indentpre Io requJre~. IN WI~ESS WHEREOF, the party of the first part has duly executed d,i~ d~d fha day aft4 year first a~ve written. 11288g 9 SyATI OF NM YOIIL QOU#YY OF SUFFOLK SS, On the ..~/ day of June 19 91, ~fore me personally came ~arold Steeler I0 n,e known to ~' Ihe individual described in and who executed ibc /oreguing inslrument, and acknowledged lhat ~ executed the ~me. Notary Public StrOH0 #oh~7 Public, Stats of Now Ye On the day of 19 , before me pcrsonally came go me known, who, ~ing by me dul~ sworn, did de.se and say thai he resides at No. th~ he is the ; of , the core.lion described in and whlcb executed the foregoing insWument; that he knows Ihe seal o{ ~id cor~ration; Ibal the seal a~xed to said h~strumem i~ ~uch cor~rate seal: that it wa~ so a~xed by order of the ~rd of directors'of ~id don, and Iha~ he si~ed h name thereto by libe order On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same, Off the day of 19 , before me personally came the subscribing witness to the Ioregoing instrument, with whom I am personally acq~inled, who, ~in~ by me duly sworn, did de.se and ~y that he resides at No. tha~ he'know~ ' to be the individual described itt attd who executed the foregoing instrument; that he, said subscrlbinK witneslb was present and saw execute the same: and that he, said witness, at the same time subscribed h name as witness thereto. tllargai. ale tlyeb WITH C, OVteNANT AGAINST GRANTOR S ACTS ~{AROLD STETLER TO HELEN A RUTKOWSKI SECtiON 035.00 RLO~K 04.00 LOT 007.002 COUNT¥~Y~ SUffolk c ...... ~ ' Wickham, Wickham & Bressler, ~C P.O. Box 1424 ' Mattituck, New York 11952 [] "~ s ooo ~.x. ~o,,w /R /~, ,, TOWN O~ SOUTHO~ MA~ NP 4605 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION Appeal No. 4353 Project Name: Helen Rutk0wski County Tax Map No. 1000- 35-4-7.2 Location of Project: 1025 Gull tane, Greenp0rt ~¥ Relief Requested/Jurisdiction Before This Board in this Project: Convert storage building to one-family dwelling by adding a second story This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law g44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are ]~ke]y to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written cements by your agency to be submitted with the next 20 days. {X } this B~ard has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildingsJ (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765- t809 BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION Appeal No. 4353 Project Name: Helen Rutk0wski County Tax Map No. 1000- 35-4-7.2 Location of Project: 1025 Gull Lane, Greenport ~¥ Relief Requested/Jurisdiction Before This Board in this Project: Convert storage buildinG to one-family dwellin§ by addinG a second story This Notice is issued pursuant to Part 617 of the 5mpIamenting regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law 944-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the. project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. {X } this B~ard has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings; (However, if you do not wish to assume lead agenc~ status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk November 16, 1995 Zoning Appeal App. No. 4353 - HELEN A. RUTKOWSKI Transmitted herewith is Zoning Appeal App. No. 4353 - HELEN A. RUTKOWSKI together with the Notices to Adjacent Property Owners, the Zoning Board of Appeals' Questionnaire, a Survey Map, the Notice of Disapproval from the Building Department, the Application for Building Permit and the Short Environmental Assessment form, which was waived for filing. Judith T. Terry Southold Town Clerk ?.' ,.Tc~ a. c,a. NOV i~; 19~51 TOWN OF SOUTIIOLD, NEW"¥Ori~KId Towtt Cle,k APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number "~'"fi'¢f~" B'";P"~' 8"'17'"'~';'[~i;;iii~ .......................................... ~i!L~I...K.'ER~Y THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUJLDIMG WHEREBY TUE ~U~LD~ '~SPECTOR DE~D ~O Nome of AppliCant tar - ' ' ' 't, of l~ O~ ~,m~ 6k~-~ ~. ......... , .... ~.~ ......................... Slreet and Number Municipali~ Slate ( ~ERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) I. LOCATION OF THE PROPERTY L.o.."2..~.. ~..u { ~ ,,u~..~.L~,¢w.. ,(~.gg~, Street /~amlet / Use ~trict on Zoning Map ~i~c~t~t ]000'~.~to. 3~]o~k ~Lo~ '~g. _ · ;=----:- ....... :-;~..---~ ................................ ~ur~nc mop.o. ~OS 'Lot No.. 12 Prior 2. PROVISION (S) OF THE ZONING ORDINANCE APPF. ALED (Indicate the Article Section, Sub- section and Paragraph of Ihe Zoni,~g Ordinance b~y number. Do nol quote the Ordinance.) , Article Section n~_~se eeb'ea .~ IL~e~l :~ I?.s-ff ~-'~:~0~ 3. TYPE OF APPEAL Appeal is made herewith Ior (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (Stole al New York Town Law Chop. 62 Cons. Lows ( ~.~Arl. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect' to this decision Of the Building Inspector or wilh respect to Ibis property. Such appeal was ( ) request for o special permit ~ ~ r)~reequest for a variance and was mode in Appeo! No~' ...... 1..~.~ ............. Dated REASON FOR APPEAL ( ) A Variance Io Section 280A Subsection 3 ( ! ~.~VarJonce Io the Zoning Ordinance Is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical dilflcullies or unneces- ~-~e.~ ~,~ ~ ~-~-~J~e_ ~,~c¢ /?73-, 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and jn this use district because 3. The Variance would observe lhe spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ). ..~...,~.~....~ .~... COUNTY OF. Signalure r ................ ~/ ..... .................................................. . ................................ 19~~ v Notary Publicu MARY ANN CYBULSKI Notary Public. Slale of New York Residing in Suffolk County No. 52-5895900 Commission Expires April 30, 197,~ BOARD C)F APPEALS, TOWN OF SOUTItOLD in tire Matter or Ihe Petition of to ttte Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That il is lire intention of tile undersigned to petition tile Board of Appeals of Ihe 1'own pi Soud~old to request a (Variance) (Special Exception) (Special Permit) ~ [c£rcle cho£cel 2. That tile property which is tile subject of tile Petitiou is located adiaceot lo your property and is des- 3. That the property which is tile subject of such Petition is located in tire following zoni.g district: 4 lhat b'~ such Petitioo, the nnde~sigoed will request Ihe fullowiog relief: 5. That the provisions of the Southohl l'own Zoning Code applicahle to tile relief sought by Ihe ooder- 6. ~hat within five days from the date hereof, a written Petition requesling the relief specified above will be filedin Ihe Southold Town Clerk's Officeat Main Road 5otltbold, New Yorkaodyou ma~ then and lhere examine the same during regular offlcebours. {516} 7~5-1809. 7. That I~efure the relief sought may be granled, a public Ilearlog most be held on tile matter by tile Board of Appeals; lhat a notice of such heariog must be published al least five days prior 1o the date of such hearing in the Suffolk Times and in the Long island Traveler-Mattltuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; lhat you or your representative have the right to appear and be heard at such hearing. Post Office Address [Copy of sketch or plan showing proposal to be attac~:h~d for. conwenience purposes.] ~ ~' ' .P.ROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAMI[ (See Reverse) ZI1,3~= ]~fl~ ~Receipt for Ce~ffied Mail ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) , being duly sworn, deposes and says that on Ihe /~ day of t, Ju~j~.v~qi~)...~. ,19 ~'5'-- , deponenl maiied a true copy of ,he Notice sct forth on the re. verse side hereof, dicected Io each of Ihe above-named persons al Ihe addresses set opposhe Ihei~ respective names; ~hal Ihe addresses scl opposite Ihe names o~ said persons are ~he addresses of said persons as shown on Ibc cur~em assessment;oll of Ihe Town of Soulhold; Ihal said Nodces were mailed al ~he Untied S~ales Pos~ Of- fice al ~ou ~Lo 1~ ~ ~ ; thai said Nolices were mailed lo each of said persons by (fcrli[i~d~ (cegis~cred) mad. MARY ANN CYBULSKI Notary Public, State of New York Residing in Suffolk County No. 52-5895900 c>/ Commission Expires April 30, 197~ (This side does not have to be completed on form transmitted to adjoining property owners.) ~ l TOWN OF SOUTIIOLD BUILDING I)EI'A P,T,M ENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICI~ OF I)ISAI'I'ROVAL ,I) ., ~ . I',LI].ASIS 'EAKE NO I'ICE Ilml your ap dicaHon da{ed /'~ ......~ ........ ~' ' ~' (~ ........ o,,s~ No. Street ...... Cm,,ty Tax Ma ~ No. 000Secto~ ~ l~oc'- ~ '. · ~ '~ ~'~ -'-~ .............. ~ Subdivis{¢m ................. Filed Map No ................. Lot No .................. .. .................................. '~~~ ~ b ;: ..... QUEST~_CNNAIRE FOR FiLi~G WITH. YOUR Z.S.A. APPLICATION A. Please disclose the names of the owner(s) and any o~er individuals. (and entities) having a financial interest in the s~bject premises and a descrimticn of their interests: (~enarate sheet may be attached.) B. Is ~he subject premi:ses liste~ on the real esr~=e market ~ s~l~_~or being shown to pros~_ective b~ers? { } Yes D. 1. Are there any areas which cont~i~ wetland grasses? 2. Are the wetland areas shown cU the ma~ s~h~inned wink this a_~p iicaticn? 3. Is the pro.ueL-CT buJ-kheaae~ between the. wet_lands area and t~e upland building area? 4. ' If l~ur pro, ertl ccnt~J_ns wet!ants or pcn~ areas, have you contacte~ the Office of the Town Trustees for its determine=ion of jurisdic~ion? E. Is there a depression or slo~ing elevation near the area of proposed con,S-acc_ion aC or below five feet a~uve me=_n sea level? ~]~ (If not a~plicabie, state "N.A.") F. Are there any patios, concrete barriers, ~u/2cheads cr submitt/21q? ~ If none ~ist, please state "none." · G. Do FcU have any ccns~/c~io~ 'taking place at this time concer~inq your ~ramises? ~0~ If yes, please su~mit a cony of .Your building permit' and maD as a~proved by the Building Deparnment. If nc'ne, ~lease state. H. Do you or any co-owner alsd own other land close to this parcel? ~0 If yes, ~lease e.xula±n where or submi~ co~ies of deeds. ' i. Please list uresent use or ouer-~ions conducted at this ~/~7, lO/90!k W'ETLkN'DS § 97q3 TOWB[ ~ The Town of SourJ~id. TI~USTEE.~ __ ~e Bo~ off T~ of the T~ Sou~o~ [~d~ ~4 bF ~ ~o. ~1984] ~ ~ ~S [Amended 8-~-7~ ~ r. r,: ~o. 2-t~7~; 3-2S- (1) Ali la~ ~e~ly ~er~ or fn~i~n~ c~- l~ng ben~ ~ w~ whi~ ~: m~ Iow are c~ br ~d~ ~m~ ~ · ~um de~th of five (5) f~[ induing buC not limimd m b~. . bo~. ~t m~ ~wam~ meado~ ~ or o~er low l~ng i~ ~bj~c~ ~ ~ (2) All ban~ bo~ meadow~ ~ ~d ~dM mmh mbiec~ m ~ Od~ ~d upon whi~ ~ or ~w mine or ~y of ~e follo~n~ ~ hay, bl~ ~. ~l~o~ sm lxvend~. ~ ~m high All Lm~d immediatelT ndiacen: :n ~ ~/d:d w~land as defined in Subsec:/on A(21 snd irin~ within seven- tr-five (75)'feet landward of the most landward edge o£ such ~ t/del wetl:md. FRESHiVATER WETLANDS: ' (1) "Fr~hw=mr wetl=nds" as defined in Art/cie tie i. § 2-I-0107. Subdivisions iC~} to of the. Environmental Conse.,'v.x:ion L~v of the State of New ~ork: :nd (2) All rand immedia[etg adjacent to ~ "freshwater '~vet- land.~ as defined in Subsection B(1) :[nd lyin~ with- in seventy-five (75) feet lm,dwnrd of the most l:nd- w~rd edge of ~ "freshwater w~Gand." 9705 Helen A. Rutkowski 1903 Mimosa Avenue Fort Pierce, Florida 34949 21 November t995 Re: 1025 Gull Pond Lane Greenport, New York 11944 In reference to the above mentioned property, I hereby give permission to Donald G. Bracken, Jr. to represent me before the Southold Zoning Board of Appeals onDecember 6, 1995. STATE: Florida County: St. Luice Helen A. Rutkowski Southold Town Board of Appeals MAIN ROAD- STATE ROAD ~5 SOUTHOLD, L.I., N.Y. 11c:J'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3476 Application Dated TO: February 27, 1986 Mrs. Patricia C. Moore Law Offices of Rudolph H. Bruer Attorneys for ROBERT AND CtiARLOTTE WISSMAN Main Road Southold, NY 11971 (Public Hearing 4/3/86) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on May ~_!~, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of ROBERI AND CHARLOTTE WISSMAN for a Variance to the Zoning Ordinance, Artlc-i-~T~-~I~'~t~O0-121 to seek relief from conditions placed by prior Appeal No. 2006 in the Name of Claire Brody and Others dated February 27, 1975, which conditionally granted use of lot for mooring, dock and storage building (Article III, Secticn 100-30- (B)[9]) and insufficient lot area and width (Bulk Schedule), to allow the construction of a single-family residence. Location of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map No. 1000-35-04-007.6 (referred to as Lot "C"). WHEREAS, a public hearing was held and concluded on April 3, 1986, in the Matter of the Application of ROBERT AND CHARLOTTE WISSMAN, under Appeal No. 3476; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded and transcribed; and WHEREAS, the board has Carefully considered all testimony and documentation submitted concernfng this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the east side of Gull Pond Lane distant 637.82 feet from the southeasterly side of Middle (North) Road, in .the Hamlet of Greenport, and is identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 04, Lot 007.6. 2. The subject premises consists of a total area of 17,934 (CONTINUED ON PAGE TWO) DATED: June 3, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal ~o. 3476 Matter of ROBERT AND CHARLOTTE WISSMAN Decision Rendered May 28, 1986 sq. ft. with frontage along Gull Pond Lane 140 feet, more er less, and lot depth of 170 feet. The premises is presently vacant and constructed along the most easterly (rear) property line is a bulkhead of 100 feet, more or less, in lergth. 3. By this application, appellants request relief from prior Appeal No. 2006, Condition No. l, rendered February 27, 1975 for approval of this substandard parcel for residential use. 4. On February 6, 1975, predecessors in title (Claire Brody and Others) applied for a Variance to the Zonin~ Ordinance, for approval of four substandard lots, each containing a~proximately 21,000± square feet in area and insufficient lot width of 140± feet, requiring a Variance from Article III, Section lO0-31, Bulk Schedule, which required a minimum lct size of 40,000 sq. ft. and 150 ft. lot width. Also requested was permission to dock not more than two boats other than their own as permitted by Article III, Section 100-20(B)[9]. 5. Article III, Section 100-20(B)[9] of the Zoning Code provided as follows: ...B. Uses permitted by Special Exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board ... (9) Boat docking facilities for the docking, mooring or accommcdation of noncommercial boats, subject to the following requirements: (a) There shall be docking or mooring facilities for no more than two boats other than those owned and used by the owner of the premises for his personal use... 6. In rendering a decision on February 27, 1975, th~'Board of Appeals approved the insufficient lot area of proposed Lots A, B, C, and D as shown by sketched survey (surveyed JanuaFy 15, 1970). Each lot on the 1/15/70 survey is shown to be bordering at its easterly (rear) property line along the edge of a dredged canal (without bulkheading). It is the understanding of this board that during 1974-1975, the applicants were not able to obtain approval from the Suffolk County Health Department for the proposed subdivision or for the construction of new dwellings. The Board of Appeals placed the following conditions in its Febru- ary 27, 1975 decision: (1) written covenants restricting or prohibiting this property for residential use, without appr(,¥al of the Board of Appeals, shall be filed in the Suffolk County Clerk's Office; (2) That before applicant may be permitted dockage and mooring privileges for small boats as an accessory use, a special exception shall be applied for from the Board of Appeals; (3) Site plar~ approYal shall be obtained from the Planning Board; (4) Any sanitary property shall be Board of Health; facilities installed on this subject to the approval of the Page 3 - Appeal No. 3476 Matter of ROBERT AND CHARLOTTE WISSMAN Decision Rendered May 28, 1986 (5) That this approval shall be subject to applicant obtaining proper documents from the State and County Environmental Control Commissions .... 7. For the'record, it is noted that written Covenants were executed by the predecessors in title dated November 28, 1978 declaring the four lots will not be used for residential purposes, binding successors and assigns in title. 8. It is also noted for the record that: (a) the parcel immediately south (Lot B) of the subject premises (Lot C) received site plan approval from the Town Planning Board 1/9/79 as required by prior Applications, Special Exception No. 2032 [Harold Stetler] dated May .1, 1975, and Variance No. 1954 [8rody and Others] dated February 27, 1975; (b) on 9/23/80, Board of Appeals' actions taken between the period from l/l/71 through 9/5/79 concerning lot line changes or subdivisions of lands, were granted by the Planning Board; (c) the subject parcel, Lot C, was issued a Certificate of Occupancy dated June 15, 1984, No. Z- 12559 indicating its status as a "single and separate lot" from the Building Inspector, and received Suffolk County Health Department approval on 1/6/84, No. 14-SO-O1; (d) the parcel immediately north referred to as Lot D, was improved with a single-family dwelling as per Certificate of Occupancy #Z-13071 dated December 18, 1984, and received Suffolk County Health Department approval on zNovember 26, 1984, #12-SO-13. 9. In reviewing the surveys/sketches submitted under this application, it is the position of the town that once a complete application has been submitted to the Building Department for a construction permit, additional reviews will be made and an additional variance application may be necessary (100-119.2) as well as compliance with the Floodplain Management Law (Ch. 45) for a minimum elevation of the lowest floor at eight feet above mean sea level for this "A-7" Flood Zone. In considering this appeal, the board find and determines that the relief requested should be approved as applied since: (a) the circumstances are unique; (b) the practical difficulty claimed is sufficient to warrant a granting of the variance; (c) the history of this parcel and actions taken lend to the practical difficulties of the appellants; (d) the interests of justice will best be served by allowing the relief, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Gri§onis, it was RESOLVED, to grant relief as requested under Appeal No. 3476 in the Matter of the Application of ROBERT AND CHAR- LOTTE WISSMAN for approval of the subject 17,934± sq. ft. lot for single-family dwelling purposes, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the new construction must comply with front and side yard setback requirements without reductions; 2. Docking and mooring shal'l be limited to noncommercial boats and for not more than two boats other than those owned and used by the owner of the premises for his personal use (Article III, Section 100-30(B)[9]); Page 4 - Appeal No. 3476 Matter of ROBERT AND CHARLOTTE WISSMAN Decision Rendered May 28, 1986 3. Commercial marina use shall not be permitted; 4. Additional variance applications must be applied for concerning setback from bulkhead, etc. if they are deemed necessary under the zoning regulations; 5. There shall be a minimum elevation of eight feet (8') above mean sea level as required in this "A-7" Flood Zone; 6. No temporary living quarters (such as camper, trailer, etc. unless permitted by Town Board ~.etc.). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. lk June 3, 1986 Town Clerk, Town of ,Sofiihold $oa hol ?'own of Appeals I~IAIN ROAD-I~TATE ROAD 25 E~OUTHOLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal NO. 3527 Application Dated June ]3, ]986 TO: Mrs. Patricia C. Moore Law Offices of Rudolph. H. Bruer Attorneys for ROBERT'AND CHARLOTTE WISSMAN Main Road. Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on' July 31; 198~, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280~a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Varianc~ to the Zoning Ordinance Article III , Section 100-31, Bulk Schedule, and Article XI, Section ]00-]]9.2(8) [ ] Request for Application of ROBERT AND CHARLOTTE WISSMAN for Variances to the Zoning Ordinance: (a) Article III, Section lO0-31, Bulk Schedule for location of new single-family dwelling with reduced sideyards, front- yard, and rearyard setbacks; and (b) Article XI, Section lO0-119.2(B) for location of new dwelling with reduced setback from highwater mark at Fordham Canal. Location of Property: 715 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-04-007.6 {referred to as Lot "C" in prior subdivision records). ~ WHEREAS, a public hearing was held and concluded on J~ly 17, 1986 in the Matter of the Application of ROBERT AND CHARLOTTE W]SSMAN under Appeal No. 3527; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: ]. The premises in question is located along the east side of Gull Pond Lane distant 637.82 feet from the southeasterly side of Middle (North) Road, in the Hamlet of Greenport, and is iden- tified on the Suffolk County Tax Maps as District lO00, Section 35, Block 04, Lot.O07.6. 2. The subject premises consists of a total area of 17,934 sq. ft. with frontage along Gull Pond Lane of 140 feet, more or less, and lot. depth of 170~feet. The premises is presently vacant and constructed along the most easterly (rear) property line is a bulkhead of ]00 feet, more or less, in length. 3. ' By this application, appellants request relief from Articles: .(al III, Section lO0'31 and Bulk Schedule of the Zoning Code .fqr insufficient setbacks from the rear line at 45 feet, from the front line at 35 feet, and sideyards of 15 feet and 16 feet, (CONTINUED'ON PAGE TWO) UA'£~D: cHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12~.81~ Page 2 - Appeal No. 3~z7 Matter of ROBERT AND CHARLOTTE WISSMAN Decision Rendered July 31, 1986 total sideyards at 31 feet, and section (B) for an insufficient bulkhead along Fordham Canal. (b) XI, Section lO0-119.2, sub- setback at 45 feet' from the existing 4. Column "A-40" of the Zoning Code was used as the basis in the Building Inspector's Notice of Disapproval which requires minimum setbacks at 50 feet in the front yard, 50 feet in the rear yard, 15 and 20 ft. sideyards, and total sideyards 35 feet. 5. Article XI, Section lO0-119.2(B) requires all buildings and structures located on lots adjacent to tidal water.bodies other than the Long Island Sound. to beset back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is greater. 6. Ii is the position of this board that the applicants be permitted to build in accordance with Column "A" of the Bulk Schedule which pertains to lots having an area of less than 40,000 sq. ft. This parcel contains an area as noted previously of 17,934 sq. ft. The proposed dwelling will be located in compliance with the requirements of Column "A" for minimum setbacks of 35 ft. front and rear yards, l0 and 15 sideyards, total sideyards 25 feet. 7. Submitted in support of this application is information indicating that parcels along the east side of Gull Pond Lane are improved with structures set back from the bulkhead as follows: (al 42) ft. Spitzenberger; (b) 47 ft.-Rauch. 8. It is the position of this bpard that a setback of 45 feet from the bulkhead along Fordham Canal is not substantial in view of the established setbacks in this immediate area and the topography of the land in question. In cons!dering this appeal, the board finds and determines: (al that sufficient practical difficulties have been shown to warrant the granting of this variance; (b) the c|rcumstances .are unique and not shared by all ot~er properties in the neighborhood; (c) there will be no substantial change in the character of the area or detriment to adjoining properties; (d) the relief requested is not substantial; (el the difficulties cannot be obviated by some method feasible for appellant to pursue other than a variance; (fl the variance will not in turn cause a substantial effect of increased population density or be adverse to the safety, health, welfare, comfort, convenience and order of the town; (gl the interests of justice will best be served by allowing the variances, as applied. Accordingly, on motion by Mr. Doyen, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3527 in the Matter of the Application of ROBERT AND CHARLOTTE WISSMAN BE AND HEREBY IS APPROVED~ PROVIDED THERE BE NO FURTHER REDUCTIONS ~0 LESS THAN THAT REQUESTED .HEREIN. Vote of the Board: Ayes: Sawicki. (Members Grigonis and resolution was duly adopted. Messrs. Goehringer, Doyen and DouQlass were absent.) This lk August 12, 1986