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APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
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BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF NOVEMBER 3, 1999
Appl. No. 4748 - ERNA LANG 1000-136-1-51
STREET & LOCATION: 220 Oak Street, Cutchogue
DATE OF PUBLIC HEARING: October 14, 1999
FINDINGS OF FACT
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
PROPERTY FACTS/DESCRIPTION: The applicant's property is a 19,441 trapezoidal -shaped lot with
83.11 ft. frontage along Oak Street and 143.87 ft. frontage along Eugene's Creek, in Cutchogue.
The lot is improved only with a one-story frame house set back 83+- ft. from the front property
line.
BASIS OF APPLICATION: Building Inspector's June 17, 1999 Notice of Disapproval which states
that Article III, Section 100-33C: "In the case of a waterfront parcel, accessory buildings and
structures may be located in the front yard, provided that such buildings and structures meet the
front yard setback requirement as set forth by this Code. Proposed accessory garage is located in
front yard five (5) feet from lot line." The June 17, 1999 Notice of Disapproval, corrected on
October 14, 1999, shows that the front yard setback requirement for a lot of 19,441 sq. ft. in an
R-40 Zone is required to be thirty-five feet (rather than 50 feet)."
AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a location of a 24 ft. by 24
ft. accessory garage in a front yard area. The setbacks are proposed at five feet from the front
property line and five feet from the northerly side line. The garage is proposed to be unheated
and for storage and parking of vehicle(s) as an accessory to the owner's residence.
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before
the Board and personal inspection, the Board makes the following findings:
1. Grant of the alternative variance at 30 feet will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. The garage is one-story in
height and the distance remaining between the garage and the front of the house is approximately
27 feet.
2. The benefit sought by applicant can be feasibly achieved by the alternative 30 ft. setback.
There is no other alternative feasible for appellant to pursue other than a variance, due to the size
and shape of the lot and limited available area.
3. The grant of the alternative variance is not substantial and represents 14.3% reduction from
the code's 35 ft. setback requirement for a principal structure.
4. No evidence has been submitted to show that the alternative grant of the location for an one-
Page 2 - November 3, 1999
ZBA Appl, No. 4748 - Ema Lang
Parcel 1000-136-1-51 at Southold
story garage would have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district.
5. The difficulty is related to the land and is not self-created.
In considering this application, the Board deems this action to be the minimum necessary and
adequate to enable the applicants to enjoy the benefit of a new accessory garage, while
preserving and protecting the character of the neighborhood and the health, safety, welfare of the
community.
RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Totora, it was
RESOLVED, to DENY the variance as applied for, and BE IT FURTHER
RESOLVED, to GRANT alternative RELIEF to locate the garage in the front yard, with a minimum
30 ft. setback from the front property line and minimum seven (T) from the side property line,
SUBJECT TO THE FOLLOWING CONDITIONS:
1) That the building not be used for sleeping or habitation and remain as an accessory use
incidental to the owner's residence, as required by Code;
2) That the building is limited to electrical utilities (and outside faucets on the exterior of
building), if proposed.
VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO ORA, COLLINS. (Member Homing
of Fishers Island was absent, out-of-state.) This5es ution w dylyadWed (4fa).
3ERARD P. GOEHI
For filing 11/5/99
REGEWED AND FILED BY
THE SOUTHOLD TOVIN CL=
DATr'i�/s�9� HOUR
` twn Clerk, Torun of `3oufuol4
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Si0.n F M 1 i 63 of Mattituck, in said
county, being duly ;sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a
weekly newspaper, published at Mattituck,, in
the Town of Southold, County of Suffolk and
State of New York, and that the Notice of which
the annexed is a printed copy, has been regu-
larly published in said Newspaper once each
week for k weeks successively,
commencing; on the .- ( n day
of 19 qq.
Sworn ty-before me thM T_A
day of
_T QC
Como
F NEW YC
13
FORM NO. 3 _
TOWN OF SOUTHOLD
BUILDING DEPARTMENT'
4 10
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL~ ! -"
ettL c -e i; s DATE June 17,199
TO Erna Lane 49W
220 Oak Street _
Cutchogue N.Y.1 I935
Please take notice that your application dated April 29, 1999
For permit to Construct an accessory garage in front yard at
Location of property 220 Oak Street Cutchogue
County Tax Map No. 1000 - Section 136 Block I Lot 51
Subdivision Filed Map # Lot #
Is returned herewith and disapproved on the following grounds Pursuant to Article III Section
100-33C In the case of a waterfront parcel accessory buildings and structures may located in the
l L ILL
feet.
Authorized Signature
BOARD OF HEALTH ...............
FORM NO. 1 3 SETS OF PLANS ...............
TOWN OF_SOUTHOLD SURVEY
BUILDING DEPARTMENT CHECK .. ..• •...•..••
TOWN HALL SEPTIC FORM ...................
SOUTHOLD, N.Y., 11971
TEL: 765-1802 NOTIFY:
Examined. 19.
Approved ...................19.... Permit Na. ..:.............
Disapproved a/c ..................................
................................
(Building Inspector)
CALL
MAIL TO:
.�-ZO 041"L 57,
..
„G c.¢e� �c�� kyliy3S
r ...
APPLICATION FOR BUILDING PERMIT (� g p
. Date.. !. . t'.?':..... , 19.
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector wi
3 sets of plans, accurate plot -plan to scale.' Fee according to schedule.
b. Plot plan showing location of lot and of buildings an premises, relationship to adjoining premises or public
streets or areas, and giving a detailed description of layout of property mist be drawn on the diagram which is part of
this application.
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
rmit shall be.kept on the premises available for inspection throuakmt the work.
e. No building shall be occupied or used in chole or in part for any purpose whatever until a Certificate of
Occupancy shall have been granted by the Building Inspector.
APPLICATION IS BERE8Y MALE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk Canty, 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 build' r neem inspections.
........................
(Signature of applicannt,name, if a corporation)
�-zc' o�K ;sr c.vr��oc��,niy�iy�s
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
...............................................................................................
Name of owner of premises ...�t l .IV A.... L l 4/ e ..........................................................
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
....................................................
(Name and title of corporate officer)
Builders License No.
Plumbers License No . .........................
Electricians License No . .....................
Other Trade's License No . ....................
L Location of land on ubich proposed work will be done..............................................................
.. `.....................r..:R..: ! ..�
House Number Street Hamlet 4./
Canty Tax Map No. 1000 Section Block / ° .. Lot Jl .00
�.
Subdivision ...................................... FiledMapNo. .. .......... Int ....... ..... � //
(Name) �
2. State existing use and occupancy of premises and intended use and occupancy of proposed cans ion.
a. Existing use and occupancy ............................................................................
b. Intended use and occupancy .........�7•..�A AA�4E ...
..............................................
3. Nature of work (check whidr applic�-ae): New Building . X.... Addition,--,...... Alt#cW
Repair ............ Ranal .... ... Demolition ............Other Wor........ .tµ.
..........
(Descript
an
4. Estimated vlzv
(to be paid on filing this applizrl:
5. If dwelling, nwirer of dwelling: units ............Nunb
l er of dwelling units on each floor
If garage, nnber of cars ...... vt.r:... C �W,!O / ............. .
6. If business, oru ercial or mixed occupancy, specify nature and extent of each type of use .......................
7. Dimensions of. existing structures, if any: Front. .-. Rear 'i' 'r......... Depth ... .
height ......................... Nanber of Stories ................
Dimensions of saw structure with alterations or additions: Front ............... Rear ...............
Depth .:.................. Height .................... Nurber of Stories ...............
S. Dimensions of entire new construction: Front .z�.r�?........ Rear ! ...... Depth f��.......
Height �tk. t ? `'�?E°� t:4�e i'f Naber of Stories ...p ........
9. Size of lot: Front ....C'. ..e Z6'. Rear .l-s� tp ( Depth � l:.lJ... .1 7( /
10. Date of Purchase /�dq� l�% A/' iZ... .. � tS Zj�`7
...............'�k! ...Name of Forcer Owner .... l..........�........
It. Zone or use district in which premises are situated ..7 t!667._ g f,
.......................................
12. Does proposed construction violate any zoning law, ordinance or regulation: .... ...............
13. Will lot be regraded ......'.l'rd........... Will excess fill be removed from premises: YES
14. Names of Owner of premises ee:tnj..L.q.)!?..... Address ���s.�M �..z�1' GL �CdaB�lslfaale No.v��
Name of Architect ..Pet-? e-? /� Address 't?
None of Contractor... �a � �L ... Address ........Phone No.
15. Is this property within 300 feet of a tidal wetland? * YES AkS.... NU .......... y
*IF YES, SODDdOFD TOM TR1MEES PERMN MAY BE lZF.(JIVED. l
PLOT DIAGRAM
locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions
from property lines. Give street and block amber or description according to deed, and dm street names and indicate
ahetherinterior or corner lot.
MATE OF NW YORK,
SS
.....`:..: .....being duly sworrn,.deposes and. says that he is the applicant.
.. ....................
Nae of individual signing contract)
above named,
Ieis the ...... F. !.✓.....................................................................................
(Contractor, agent, corporate officer, etc.)
-f said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this
,pplication; that all statements contained in this application are true to the best of his knowledge and belief; and
list the work will be perfonned in the manner set forth in the application filed therewith.
kaorn to before me. this
........ d -.G. .... day of s.1 KPxpf.t.�.....19.�•.6...
Notary"lic .. 4 x.41• ..•.. T
Appli:
(signature of t
TOWN OF SOUT1101-0, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL PIO. -/7`f8
DATE
TO TI IE ZONINGy� ,B(O%A/�RD OF APPEALS TOWN OF SOUTHOLD N Y
1, (We) .. R`. (�1 ..Lt . &. � .of.........................�t� d...................................................
t/r\
-{ Nome of Appellant reet and Number
....12? .. HEREBY APPEAL TO
Municipality /State
TIME ZONING BOARD OF APPEALS FROM TI IE DECISION OF THE BUILDING 1NSPECi'OR ON
APPLICATION FOR PERMIT NO .........................••..... DATED ......................................................
WHEREBY "THE BUILDING INSPECTOR DENIED TO
......... ..........
Nameof Appflcant for permit
of
PERMIT TO
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY 22.2 �f �Ql
Street»%ilam)e�"j" Use O strict- on honing Map
District 1000 Section/36 Block,/ Lot -57 rent OwnerV d- �ZLl9
Mop No» » »Lot No.»»»»..Prior Ovtner. �-
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article f Ot9-33CSectlon
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(%fi) A VARIANCE to the: Zoning Ordinance or Zoning Map
( ) A VARIANCE due to 'lock of access (State of New York Town Law Chop. 62 Cons. Lows
Art 16 Sec. 280A Subsection 3
(. )
4. PREVIOUS APPEAL A, previous appeal (hos) (has no been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ). request for o special permit
( ) request for a variance
and was mode io Appeo) No ..... ......................Doted.............................r..........................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection. 3
(A) A Variance to the Zoning Ordinance
is requested for the reason thatC19 y{ C p v cT 4 t" a C ki �� D 14 YC1
Fonn xnt (Continue.. on other side)
4 q
`f
by applicant):
"special
exception." (Also attach sheets if necessary, with signatures.)
1. An undesirable change will NOT be produced in the character of
the neighborhood for a /detriment to nearby properties, if granted
BECAUSE:��,
2 The benefit sought by the applicant CANNOT be achieved by some
method, feasible forthe applicant, to pursue, other than an area/.,
variance BECAUSE: iRs,ilte 1�CP ovJS� �>a�� c�y
r �a l � '4 ir-
3.. The amount of relief requested is. not'substantial BECAUSE
IS +1,1C emir On Jc
4. The variance will NOT have an adverse effect or impact on .the
physical or environmental conditions in the neighborhood or district'
BECAUSE 6CC AL/&- viy rP00
vse Edeljl X104 �e 4e Jnr//v S)ye-
5. Has the alleged difficulty been self-created?
( ) Yes.
O No.
6. This is the minimum that is necessary and adequate, and at the
same time preserve and protect the character of the neighborhood and
the health, safety and welfare of the community.`
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
(Applicant)
Agent must attach
Sworn to before me this 31Ae day of
consent from owner.
, 19 9%
MARY ANN CY13ULSKI
Notary fublio, State Of New York
Lxtl:c.r�ora.4ar/temp - - ResedinginSuffolk CounW
No. 52.5895900
Commission Expires April 30, OdR70
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TO WN OF, SWU
SUFFOLK COUNTY, JURT YORK
1000-136-01-51
WT 12 I
n C Ch 110k ( ce
N 86 4p'',00 E FE S
=Y� O b s yo.. , moi► rr
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ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION
�p OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.
EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CERTIFICATIONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF
r�a&AID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
o .O I' WHOSE SIGNATURE APPEARS HEREON.
SCALE: 1 =;J0'
APRIL 19, 1999
AREA = 19,441 eiq. &
to Ue lne
■ -monument
Lot numb" refer to Nap. ofugene Heiphti
flied in • the 9utloW County Cj"% 'Office on
October a No. '8%.
ti0 y
Ix 1, MErZQ
Y.
.,-�L N0. 49618
ECO
(516
P.
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P. 0. X ®� 496"6
1230
sou THOLD, 1, 71
DEPARTMENT OF PLANNING
Town of Southold
Zoning Board of Appeals
COUNTY OF SUFFOL, ,
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
November 22, 1999
STEPHEN M. JONES, A.I.C.P.
DIRECTOR OF PLANNING
NOV 2 6
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�
ljaynor Suter Hardware Inc. 4743
Lang, Erna* 4748
Schembri Homes 4757
*Alternative relief appears warranted.
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN: cc
G:\CCHORNY\ZON ING\ZON ING\WORKING\LDS\NOV\S D4743. NOV
LOCATION
H LEE DENNISON BLDG - 4TH FLOOR MAILING ADDRESS
1 00 VETERANS MEMORIAL HIGHWAY ® P 0. BOX 61 00
HAUPPAUGE, NY I 1788-OOgg (5 1 6) 853-5 1 g0
TELECOPIER (5 1 6) 853-4044
O��S�fFO(,�coG
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BOARD OF APPEALS
TOWN OF SOUTHOLD
(1-516) 765-1809 tel.
(1-516) 765-9064 fax
Pursuant to Article XIV of the Suffolk County Administrative Code, The
Board of Appeals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning Ccnnission:
x Variance from the Zoning Code, Article 111 , Section 100-33 -C
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No: 4748 Applicant• Erna Lang
Location of Affected Land: 220 Oak Street, Cutchogue, NY
County Tax Map Item No.: 10 00 - 135-1-51
Within 500 feet of:
Town or Village Boundary Line
x Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or other
Recreation Area
Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by
the County or for which the County has established Channel Lines, or
Within One Mile of a Nuclear Power Plant
Within One Mile of an Airport
Comments: Applicant is requesting permission..to proposed garage is
located in front yard.
Copies of Town file and related documents enclosed for your review.
Dated: ////?/ 1999
APPEALS BOARD MEMBERS -
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
� O�OSUFFO(,�`oG
ZZ ?�
ti 2
Dy • ��
BOARD OF APPEALS
TOWN OF SOUTHOLD
November 5, 1999
Mrs. Erna Lang
220 Oak Street
Cutchogue, NY 11935
Re: Variance Appl. No. 4748
Dear N�lrs: Lsang:
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
Enclosed please find a copy of the Board's November 3, 1999 determination
in the above matter which granted alternative relief.
Please be sure to submit an amended map showing the required location
for the garage with the Building Department, and obtain a building permit before
commencing construction activities. A copy of this written determination has been
transmitted to the Building Department for an update regarding the original Notice
of Disapproval and permanent record-keeping.
If you have any questions, please either call us (765-1809) or call the
Building Department (765-1802).
Very truly yours,
��ERAR. AGOEHRINGd�6,,�,
CHAIRMAN
Enclosure
Copy of Decision to:
Building Department
Decision filed 11/5
Page 31 - October . ,, 1999
Board of Appeals Hearings j,,
7:40 P.M. - Appl. No. 4748 - ERNA LANG ;V
Proposed garage in a front yard location at 220 Oak Street, Cutchogue.
CHAIRMAN GOEHRINGER: Is there someone here that's representing.
BOARD SECRETARY KOWALSKI: She's here, She's in the back. She's with
crutches.
CHAIRMAN GOEHRINGER: OK, we'll give you some time, take your time. You
are Mrs. Lang? Thank you for coming. We see that you're a little incapacitated.
Who is this gentleman with you?
MRS. LANG: That's my son.
CHAIRMAN GOEHRINGER: What's your first name Sir?
MR. LANG: Hans.
CHAIRMAN GOEHRINGER: Hans. It's a pleasure meeting you both. The
nature of the purpose of this garage is what? Why do you want it?
MR. LANG: Why do I want it?
MRS. LANG: We don't have one.
CHAIRMAN GOEHRINGER: You don't have one. You want to put your car in
the garage?
MRS. LANG: Yes.
CHAIRMAN GOEHRINGER: I think that's certainly a viable reason for a garage.
No question about it. The question I have or the statement that I have is, for the
past 20 years that I've been on this Board as of January 1 st, we have never
granted a garage at 5 feet. So, you've got to tell us, in what appropriate location
you would consider putting this garage in reference to a setback to Oak Street?
realize that there are some older garages in the area but I would like you to
spend a little more time, it doesn't have to be tonight or (changing tape) that on
these older established lots as your community is, which by the way is a very,
very nice community. I enjoyed going down there and seeing it. You've got to
give us a little more space. We've got to figure out where you can put it a little
bit farther away from the road.
MEMBER TORTORA: Another 15 feet.
Page 32 -October i -t, 1999
Board of Appeals Hearings
CHAIRMAN GOEHRINGER: I think the most recent one that we granted was
over on Deephole Creek and that was exactly 20 feet and we put some
restrictions in it.
MR. LANG: Is there a reason why?
CHAIRMAN GOEHRINGER: Basically I'm not speaking for the Board, they're
all here, but I think the major thrust of this concern lies with visual, it's visually
upsetting to people in the neighborhood and to us and it's a precedent that we
actually started and we're starting at 20 feet. That was the most recent one we
did on Deephole Creek which was Deephole Drive in Mattituck.
MEMBER TORTORA: I wasn't crazy about that.
CHAIRMAN GOEHRINGER: Yes, and we weren't terribly crazy about 20 feet at
that one, I have to tell you.
MEMBER TORTORA: The code is 35 so when you come in and say we want to
be 5 feet, that's a substantial variance.
MR. LANG: Right, but the other neighbors -
MRS. LANG: But, there's no other place. I mean if I put it further back then it's
right in the bedroom, looking out, I have no light in the bedroom then.
MEMBER TORTORA: It looks like on the survey, it looks like on the survey that
you show that it is a considerable distance from the house. How far is it from
the house now?
MR. LANG: I honestly don't even know.
MEMBER TORTORA: How far is the house set back from the road?
BOARD SECRETARY KOWALSKI: I think it's about 83 feet.
MR. LANG: In whose view would it really be though?
CHAIRMAN GOEHRINGER: It's a precedent we started?
MEMBER TORTORA: The house is about 83 feet?
BOARD SECRETARY KOWALSKI: 83 feet, yes.
CHAIRMAN GOEHRINGER: We will not allow anybody to do two things and
that is go any closer to the property line than we think should be placed within a
Page 33 - October �, 1999
Board of Appeals Hearings
specific area, that's number 1, and, we never allow the closing up of two side
yards if they have waterfront property. So in other words, if you were to attach it
to the house on the side that was most open, we wouldn't allow that either.
MR. LANG: You would not allow an attached garage.
CHAIRMAN GOEHRINGER: We would not allow.
MEMBER TORTORA: If it's clear. In fact that's an alternate site.
CHAIRMAN GOEHRINGER: Well that is an alternate site possible but, I'm not
big on closing up side yards.
MEMBER DINIZIO: Well, we could still make the setback.
MEMBER TORTORA: They've got 37 feet almost 38 feet on that side. What's
the overall size of the garage?
MR. LANG: I don't know. Dad had these plans made up.
CHAIRMAN GOEHRINGER: I'll tell you in a second.
MEMBER COLLINS: It looks like about 25 x 25 going very -
CHAIRMAN GOEHRINGER: 24 X 24.
MEMBER COLLINS: OK, that was close.
CHAIRMAN GOEHRINGER: OK, so we'll start with Mr. Dinizio. Any questions
of these people?
MEMBER DINIZIO: Well, only, will you accept alternate relief if we find some
other place to a, we all agree upon? It's definitely going to be a lot of give and
take here because 5 feet is not something we grant believe me.
MRS. LANG: All right, I'll take 10 feet but ( )
CHAIRMAN GOEHRINGER: No, we're looking more at 20.
MEMBER TORTORA: Or we're looking at side yard. You do have a lot of room
on the property to put at other places and that's what we're saying to you.
MR. LANG: We'll have to do it in the center of that where you see that horse
shoe.
Page 34 - October i -t, 1999
Board of Appeals Hearings
MRS. LANG: It's the cesspool.
MR. LANG: There's a cesspool there that's not even marked there.
MEMBER TORTORA: You know what would help because I don't want to box
you into a corner and I would like to see where the cesspools are.
CHAIRMAN GOEHRINGER: Yeah can you measure them out for us? Place
them right on the survey and give us some distances and ( ) marks.
MEMBER TORTORA: Mark how far, exactly how far the house is -
MR. LANG: What do we need a survey again for this?
CHAIRMAN GOEHRINGER: No, you can do it yourself. Find the cesspool and
measure it and tell us approximately where it is on the property.
BOARD SECRETARY KOWALSKI: Measure it from the house, the front of the
house.
MR. LANG: It's right by the garage. It's next to the garage. I mean I probably
could show you. I mean exactly to the foot I won't know. It would be right in
here.
CHAIRMAN GOEHRINGER: Right, but that's not going to effect the movement
of the garage this way.
MR. LANG: But like mom was saying I guess because of the view of the
bedroom she don't want to see a wall.
BOARD SECRETARY KOWALSKI: You might be able to have about 25 feet
between the garage and the bedroom wall if she moves it back because it's 83
feet to the road and the garage is 24.
MR. LANG: Well this neighbor here just bought this house and he's the same
neighbor here, she passed away. So this guy here across the street, what's his
last name?
MRS. LANG: Bob Korosky.
MR. LANG: Korosky, he just bought the house next door. So there's there's
only two neighbors.
Page 35 -October i -t, 1999
Board of Appeals Hearings
CHAIRMAN GOEHRINGER: All right, so what do you want us to do? Do you
want us to do alternate relief or do you want us or do you want to come back
with a different plan?
MRS. LANG: What's an alternate plan?
CHAIRMAN GOEHRINGER: What's an alternate plan?
MRS. LANG: Yes.
CHAIRMAN GOEHRINGER: It's any other place on the property.
MRS. LANG: Oh, my goodness.
MEMBER COLLINS: No, Mr. Chairman, Mrs. Lang was asking what you mean
by alternate relief? What we're suggesting is, we negotiate among ourselves as
you can see we have somewhat different views but we're all against a 5, nobody
is going to give you a 5 foot setback and we come up with something that we get
at least 3 votes and we're asking you if you're willing to let us sought of tell you
that. You of course can say no under the circumstances and not do it. Or, do
you want to go home and noodle this thing through and think about the concerns
that the town has with keeping down clutter. That's the heart of the matter here
and consider whether there's somewhere else on your property on the side or
closer to the house where you can put it and come back and tell us. That's
really the question.
MRS. LANG: No, that's all right.
MEMBER TORTORA: It's a big decision. You definitely would not consider the
side yard.
CHAIRMAN GOEHRINGER: Next to the house.
MR. LANG: No, because the way the sun comes there it would totally block the
whole entire house.
MRS. LANG: No, ( ) Mrs. ( ), the second neighbor there, they put it out front
because she's, you know her husband passed away some eight years shoveling
the snow in the winter so you don't even care. It's quite a -
MR. LANG: I mean it's the north side so you don't really, you know.
MRS. LANG: You have to shovel quite a way and I mean we're not getting
younger.
Page 36 -October in, 1999
Board of Appeals Hearings
CHAIRMAN GOEHRINGER: OK, we're just asking. Ms. Collins you asking a
question?
MEMBER COLLINS: No, I just wanted, I was afraid she wasn't following you.
CHAIRMAN GOEHRINGER: Anybody else, question, question? All right so
that's what we'll do. We'll grant alternate relief and we'll do the best we possibly
can.
MRS. LANG: Oh, OK, thank you.
CHAIRMAN GOEHRINGER: We do appreciate your coming in and please be
careful walking out. Is there anybody else would like to speak in favor of this
application? Anybody like to speak against the application? Seeing no hands
I'll make a motion closing hearing reserving decision until later.
MEMBER COLLINS: Second.
CHAIRMAN GOEHRINGER: All in favor?
Motion carried. See Minutes for Resolution.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR, OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: September 9, 1999
RE: Zoning Appeal No. 4748 - Erna Lang
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
Transmitted herewith is Zoning Board Of Appeals Application 4748 - Erna
Lang. Also included are Applicant Transactional Disclosure Form, Z.B.A.
Questionnaire, Notice Of Disapproval, application for Building Permit,
copy of Survey and Plans.
REASONS FOR AREA VARIANCE ONLY (to be completed by applicant):
Do not use these standards for "use variance" or "special
exception." (Also attach sheets if,necessary, with signatures.)
1. An undesirable change will NOT be produced in the character of
the neighborhood or a detrimenttonearby properties, if granted
BECAUSE: 4e y a f (ah ke 4-4� I
2. The benefit sought by the applicant CANNOT be achieved by some
method, feasible for -the applicant to pursue, other than an area
variance BECAUSE :ILI w(( 11 lbe �D � O c A
bj �r
3. The amount of relief requested is.-not'substantial BECAUSE
4. The variance will NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district
BECAUSE
5. Has the alleged difficulty been self-created?
( )
Yes.
( �) No.
6. This is the minimum that is necessary and adequate, and at the
same time preserve and protect the character of the neighborhood and
the health, safety and welfare of the community.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
(Applicant)
Agent must attach wr tten consent from owner.
Sworn to before me this --31* day of a 19 9�
MARY ANN CYBULSKI
Notary Public. State of New York
zxtl:c/fora.Var/temp Resi iingin Suffolk County '
APPLICANT f*
TRANSACTIONAL DISCLOSURIN, - _ _RH
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: Z-4 8 49 gE— NA
(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's or company's 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 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
Title or position of that person
Describe the relationship between yourself (the applicant)
and the town officer or employee. Either check the
appropriate line A) through D) and/or describe 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
noncorporate entity (when the applicant is not a
corporation);
C) an officer, director, partner, or employee of the
applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this day f 199-7
Signature
Print name
•
0
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of th
individuals (and entities) having
subject premises and a description
(Separate sheet may be attached.)
�14A/a
e owner(s) and any other
a financial interest in the
of their interests:
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? { } Yes
{D�} No. (If Yes, please attach copy of "conditions" of sale.)
C. Are there any proposals to change or alter land contours?
{ } Yes 00 No
D. 1. Are there any areas which contain wetland grasses? `
2. Are the wetland areas shown on the map submitted wi
this application? 00
3. Is the property bulkheaded between the wetlands area and
the upland building area? 00
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? AM14
/11
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? 0 0 (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads orfences
which exist and are not shown on the survey map that you ar
submitting? If none exist, please state"none."
G. Do you have any construction taking place at this time
concerning your premises? n If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? kJO If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel P -e -'s, ` DI e and
proposed use a in eLva (3
—
Authorized Signature agd Date
3/87, 10/90Ik
t
ZONING
Town of Southold
Bulk Schedule AA
[Added 11-28-1995 by L.L- No. 23-1995;
amended 7-22-1.997 by L.L. No. 22-19971
Lot Size
(square Width Depth
Date of Lot Creation
feet)
(feet)
(feet)
Prior to April 9, 1957
Any
Any
Any
Between April 9, 1957, and
(square
Lot
December 1, 1971
A Residential Zone
12,500
100
Any
B and B-1 Business Zone
7,500
50
Any
B-2 Business Zone
40,000
50
Any
Multiple -Residence Zone
12,500
100
Any
C Industrial Zone
12,500
100
Any
Between December 2, 1971,
40
60
69,999
and June 30, 1983
A Residential Zone
40,000
135
175
M Light Multiple Residence 40,000
135
Any .�
M-1 Multiple Residence
80,000
200
Any
Zone
B -Light Business Zone
20,000
60
Any
B-1 General Business Zone
30,000
150
Any
C -Light Industrial Zone
40,000
200
Any
C-1 Heavy Industrial Zone
200,00
300
Any
F
§ 160-244. Nonconfor lots. [Amended 11-28-1995 by
L.L. No. 23• ]
A. This section is intended to provide minimum standards
for granting of a ,building permit for the principal
buildings of lots which are recognized by the town under
§ 100-24, are nonconforming and have not merged
pursuant to § 100-25.
B. [Amended 3-4-1997 by L -L. No. 5-1997] Such lot shall
be required to meet the followinb
Area yard
(square . Lot Front Side Both Sides Rear
feet) coverage (feet) (feet) (feet) (feet)
200,000 to 5% 60 30 60 100
399,999
120,000 to 10% 60 30 60 85
199,999
80,000 to 20% 60 20 45 75
119,999
10144 6_1_97
§ 100-244
ZONING
§ 100-25
Area
Yard
(square
Lot
Front Side
Both Sides
Rear
feet)
coverage
(feet) (feet)
(feet)
(feet;
60,000 to
20%
55 20
45
75
79,999
40,000 to
20%
50 20
40
60
69,999
20,000 to
20%
40 16
35
50
39,999
Less than
20%
35 10
25
35
20,000
§ 100-845. Repairs and maintenance.
Notwithstanding any of the foregoing regulations, nothing
this Article shall be deemed to prevent normal maintain
and repair of any building or the carrying out upon the issum
of a building permit of major , structural alterations
demolitions necessary in the interest of public safety.
§ 100-246. L avoluntary moves.
Sections 100-241A and B and § 100 -MA herein are I
intended to apply to involuntary movements of uses
structures as a result of condemnation actions or otl
litigation.
(11) Child care. [Added 11-12-1996 by L.L. No.
20-1996]
110032. Bulk, area and parking regulations. [Added �
93-1996 by L.L. No. 16-1996]
No building or premises ill be used and no building or part
thereof shall be erected or altered in the A -C, &80, 8.120,
8-200 and 8400 Districts unless the same coli£ rms to the Bulk
Schedule and Parking Schedules ineorporatednto this chapter
with the same force and effect as if such re tions were set
forth herein ML
s'
1100-U Accessory buildings. [Amended 4-10-1990 by
L.L. No. 6-19901
In the Agricultural -Conservation District and Low -Density
Residential R-80, Rr120, R-200 and 8-400 Districts, accessory
6 sdUw% Mosel Ifs a"& aobeda4 Y bad -dei at tie sad e[ dd. eLa-Mr. sect ar
§ 100-33 ZONING § 100-33
buildings and structures or other accessory uses shall be located
in the required rear yard, subject to the following requirements:
A. Such buildings shall not exceed eighteen (18) feet in
height.
B. Setbacks. [Amended 7-17-1990 by L.L. No. 141990;
2-6-1991 by L.L. No. 2-19911
(1) On lots containing up to twenty thousand (20,000)
square feet, such buildings shall be set back no less
than three (3) feet fi-om any lot line.
(2) On lots containing more than twenty thousand
(20,000) square feet up to thirty-nine thousand nine
hundred ninety-nine (39,999) square feet, such
buildings shall be set back no less than five (b) feet
from any lot line.
(3) On lots containing in excess of thirty-nine thousand
nine hundred ninety-nine (39,999) square feet up to
seventy-nine thousand nine hundred ninety-nine
(79,999) square feet, such buildings shall be set back
no less than ten (10) feet from any lot line.
(4) On lots containing in excess of seventy-nine
thousand nine hundred ninety-nine (79,999) square
feet, such buildings shall be set back no less than
twenty (20) feet from any lot line.
C.s In the case of a waterfront parcel, accessory buildings
and structures may be located in the front yard, provided
that such buildings and structures meet the front -yard
setback requirements as set forth by this Code. [Added
12-22.1992 by L.L, No. M19921
a Sd teesofN Former aubeeeUl C, eogardi-a peewn
1—d. was repealed 7.17•ION br"Ka 14-19M �� « ��
NOTICE OF PUBLIC HEARING
THURSDAY, OCTOBER 14, 1999
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 application will be held for public hearing
by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY
11971, on THURSDAY, OCTOBER 14, 1999 at the time noted below (or as soon thereafter is
possible):
6:40 p.m. Appl. No. 4748 - ERNA LANG. Based upon a Notice of Disapproval dated June 17,
1999, a Variance under Article III, Section 100-33C is requested with respect to the location of a
proposed garage in a front yard location at 220 Oak Street, Cutchogue, NY; County Parcel No. 1000-
126-1-51.
The Board of Appeals will at same time and place hear any and all persons or
representatives desiring to be heard in the above applications or to submit written statements
before the hearing is concluded. Each hearing will not start earlier than designated. Files are
available for review during regular Town Hall business hours (8-4 p.m.). If you have questions,
please do not hesitate to call (516) 765-1809.
Dated: September 22, 1999. SOUTHOLD TOWN BOARD OF APPEALS
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
A1c the Matter of the Application of
Eo Aq
(Names of Applicants)
Parcel ID 01000-
------------------------------------------- x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT
OF
MAILINGS
2-10jain .
I, q ul Vl' residing at 2
New York, being duly sworn, depose and say that:
C,fcA , v,e
/1 fl 3s
On the day of 10-6 , 19qT, I personally mailed at the United
States Post Office in C4C% O Q VQ_ , 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 (J) 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.
(signature)
Sworn to before me this Qg
74kday of ��!>>� , 1911. ---
I.IM®A r KOWALSKI
!Votary Public, Stag of Nsw York
�� _ No. 52-4524771
Qualified In Suffolk County
4_V(N_&ota Public) COMInission Ekpires Nov. 30 jf20O-o
PLEASE list, on the back of this Affidai,it or on a sheet of paper, the lot numbers next
to the owner names and addresses for which notices were mailed,
Thank you.
ZONING BOARD OF APPEALS
TOWN OF SOUTROLMNEW YORK
X
In the Matter of the Application of
/--
(Name of Applicant)
Regarding Posting of Sign upon
Applicant's Land Identified as
t000-13�-1
---------------------------------------X
AFFIDAVIT
OF
POSTING
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
i� vi q L residing at 2224 D� h-
1, �.�
, New York, being duly sworn, depose and say that:
CU00 ve
On the day of �c9 — (5— , 19`1q, I personally placed the Town's
official Poster, with the date of hearing and nature of my application, in a secure
position upon my property, located ten (10) feet or closer from the street or right-of-
way - facing the street or facing each street or right-of-way abutting this property;*
and that
I hereby confirm that the Poster has remained in place for seven days prior
to the date of the subject hearing date, which hearing date was hown to be
/D /
(Signature)
Sworn to before me this
7 day of (QCT , 14�.
Ing.
(Notary Public)
LCMA f KOWALSKI
Notary Public, State of New Y®rk
No. 52-4524711
Qualified in Suffolk County ?
Commission Expires Nov. 30,�g
*near the entrance or driveway entrance of my property, as the area most visible to
passersby.
§ 58-1 NOTICE OF PUBLIC HEARING § 58-1
Chapter 68
NOTICE OF PUBLIC HEARING
§58-1. Providing notice of public hearings.
[HISTORY: Adopted by the Town Board of the Town of
Southold 12-27-1995 as L.L. No. 25-1995. Amendments
noted where applicable.]
§ 58-1. Providing notice of public hearings.
Whenever the Code calls for a public hearing, this section
shall apply. Upon determining that an application is complete,
the board or commission reviewing the same shall fix a time
and place for a public hearing thereon. The board or commission
reviewing an application shall provide for the giving of notice:
A. By causing a notice giving the time, date, place and
nature of the hearing to be published in the official
newspaper within the period prescribed by law.
B. By requiring the applicant to erect the sign provided by
the town, which shall be prominently displayed on the
premises facing each public or private street which the
property involved in the application abuts, giving notice
of the application, the nature of the approval sought
thereby and the time and place of the public hearing
thereon. The sign shall be set back not more than ten
(10) feet from the property line. The sign shall be
displayed for a period of not less than seven (7) days
immediately preceding the date of the public hearing.
The applicant or his/her agent shall file an affidavit that
s/he has complied with this provision.
C. By requiring the applicant to send notice to the owners
of record of every property which abuts and every
property which is across from any public or private street
SOUTHOLD CODE § 58-1
from the property included in the application. Such
notice shall be made by certified mail, return receipt
requested, posted at least seven (7) days prior to the date
of the initial public hearing on the application and
addressed Lo the owners at the addresses listed rornha
on the local assessment roil. The applicant or age
nt (Ile an aMdarit that s/he has complied with this
provision.
OFFICE OF
ZONING BOARD OFAPPEALS
53095 Main Road
Southold, NY 11971
(516) 765-1809 fax 765-9064
September 22, 1999
Re: Chapter 58 — Public Notice for Thursday, October 14, 1999 Hearing
Dear Applicants:
Please find enclosed a copy of the Legal Notice describing your recent application. The
Notice will be published in the next issue of the Suffolk Times.
Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your
application and hearing must be mailed and shall include a map or sketch showing the new
location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, as soon as possible, with a copy of the map 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 in
Riverhead. If you know of another address for a neighbor, you may want to send the
notice to that address as well.
Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the
post office receipts postmarked. Later, when the green signature cards are returned to you
by the Post Office, please mail or deliver them to us. If any signature card is not returned,
please advise the Board at the hearing.
You must post the enclosed sign no later than 10/7/99. Post the sign facing the street, no
more than 10 feet from your front property line bordering the street. (If you border more
than one street or roadway, a sign is enclosed for the front yard facing each one.) The
sign(s) must remain in place for at least seven (7) days, and if possible, should remain
posted through the day of the hearing. If you need a replacement sign, please contact us.
After the signs have been in place for seven (7) days, please submit your Affidavit of
Posting to us for the permanent file.
If you do not meet the deadlines stated in this letter, please contact us promptly. It may
be necessary to cancel your hearing if the required steps are not followed.
Thank you for your cooperation.
Very truly yours,
ZBA Office
Enclosures
Aeb
VoAiaxe,
OF HEARING
NOTICE�r
�I
NOTICE IS HEREBY GIVEN that a public hearing will be held by the '
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York, concerning this property.
OWNER(S) OF RECORD:
e fi,,. 0 N A FfN G
DATE CF PUBLIC HEARING:
Ts r
•
1
If you have an interest in this project, you are invited to view the Town file(s)
which are available for inspection prior to the day of the hearing during normal
business days between the hours of 8 a.m. and
BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809
Z Zo o A K ST", G UTClfo C tt LU7