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HomeMy WebLinkAbout4716APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 28, 1999 Appl. No. 4716 - STANLEY RUTKOWSKI 1000-35-2-16.1 STREET & LOCALITY: 5705 Main Road, East Marion DATE OF PUBLIC HEARING: July 22, 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 consists of 87,1120 sq. ft. in area with 354+- ft. frontage along the Main Road, The depth of the property is 233.41 feet along the westerly line and 220.24 feet along the easterly line. The premises is improved with a single- family dwelling situate approximately 40 feet from the Main Road (front property line). BASIS OF APPLICATION: Building Department's June 8, 1999 Notice of Disapproval citing Article III, Section 100-33 of the Zoning Code with respect to location of an accessory building in a front yard rather than the required rear yard. (Note the westerly property line separates applicant's property from a 25' right-of-way used privately by the its owner for access to their pumping station for public water. The right-of-way is now owned and accessed privately by the Suffolk County Water Authority and was privately owned and accessed by the Village of Greenport. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance to locate a 12' X 24' accessory storage building in a front yard area at a height of 10 feet. The accessory building will replace another 6 x 10 ft. shed in this area, and will be approximately 72 feet from the westerly property line and approximately 66 feet from the southerly property. (No other areas are noted in the Notice of Disapproval.) OTHER INFORMATION AND EVIDENCE: Applicant's property contains 385.63 ft. of road frontage on the Main Road, and to the east, 223.41 feet along a 25 -foot private right-of-way which is heavily overgrown with trees and bushes. Applicant wishes to replace a 10 ft. by 6 ft. storage shed with a 24 ft. by 12 ft. shed for the purpose of storing garden tools and equipment. 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 area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. the property is a large rectangular -shaped parcel that contains two front yards as determined by the Building Department. The proposed Page 2 - July 28, 1999 ZBA Appl. No. 4716 - S. Rutkowski Parcel 1000-35-2-16.1 at East Marron storage shed will be located approximately 72 feet from the right-of-way, approximately 66 feet from the rear of the principal dwelling, and be set back approximately 160.41 feet from the Main Road. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the provisions of the Town Code which were applied to determine that applicant's property has two front yards, automatically limit the size of applicant's rear yard area, which is the only conforming area in which the accessory structure could be located without a variance. 3. The requested area variance is not substantial. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the accessory shed location conforms to the code -required setbacks for accessory structures in what would typically be considered a large conforming rear yard area. In considering this application, the Board determines that the grant of the requested variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a storage building in a practical location while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for, subject to the following CONDITIONS: 1. That the proposed storage building remain accessory to the dwelling and not be converted in the future for living or habitable quarters. 2. That the building remain at one-story height, as proposed. 3. That electric shall be permitted as an interior utility for the building. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, This Resolution was duly adopted (4-0). (Member Ho r ing of Fishers Island was absent.) JAS`} S DINIZIO, JR. CHAIRMAN PRO TEM RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE �y/A /�i9#�,CWt�vj/J e Town Clerk,. Town of Southold "no fiance' 17@ or��` �a, a s STATE OF NEW YORK) use )SS: st it CO Y OF SUFFOLK) n its hcie „- Ff �'� �a , county, beiri duly °f Mattituck, it said o�.. g y sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES a Ivan, weekly newspaper, published at Mattituck, in F ;the To Of Southold, ChCounty of Suffolk and State of New York, and that Notice of which e ' the e annexed is a printed copy, has been regu „o y published in said Newspaper once each q � sweek for ave"1ome cig— o eweeks (S mccessively, day 19 mei. ant'.,. oz �a roa ae= Principal Clerk as r_ Sworn to before me this !v Z4 c . ,lay Of 19 ` y MARY DIANA FOSTER of NOTARY PLISLIC -STATE OF NEW YORK TOWN OF SOUTHOLD �._.✓ BUILDING DEPARTMENT SOUTHOLD, N.Y. d NOTICE OF DISAPPROVAL DATE: Jaws+ &,..1999... _ ...... . To Stanley J Rutkowski ...................... 52Q5 ?Iain.Kgad........................... E. Marion NY 11939 PLEASE TARE NOTICE that your application dated -April. 22 .... for permit to construct an accessory shed ........_ .......................... at Location of Property 5705 Main Road E -Marion ................................................... House No. Street Hamlet County -Tax Map No. 1000 - Section ...35...... BLOCK .2 ........ LOT •-Ib 1 Subdivision ............................... Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds that -the proposed-...... accessory shed is in the front yard area. Under Article III, Section100-33 Accessory Buildings; accessory buildings and structures or other accessory uses shall located in the required rear yard. ..........................................................._........ .........__........... _._..!!!U ... G:_... ........... BUILDING INSPECTOR Michael Verity RV 1/80 AFS 2.2 FORM NO. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWNHALL SOUTHOLD, N.Y. 11971 TEL.765-1802 Examined... , 191.1. Approv....... ..... 19.... Permit No. ......... Disapproved a/c� .. P .. .. .. BOARD OF HEALTH ...........c... 3 SETS OF PLANS ............... SURVEY ........................ CHECK ......................... SEPTIC FORM ................... NOTIFY: CALL MAIL TO: .................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Q Q . Date .=` ....,19./.!. INSTRUCTIONS a. This application mist be completely filled in by typewriter or in ink and submitted to the Building Inspector w 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan shoving location of lot and of buildings on 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 cork 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 permit shall bekept on. the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of occupancy shall have been granted by the Building Inspector. APPLICATION IS BMW WD6 to the Building Department for the issuance of a Building. Permit pursuant to the Wilding Zone ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Rattilations, 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 buildi, or neces in ions. . ... ...... (Signature of licant, name, if a , tion) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, a ectrrc an, plumber or nlde �.Ce� 3�.%,, ..�.��................................................._.. ............... .. ...... ..................... Name of owner of premises ..1.�.1 l�O CL�$ / m•y.. l J. %3!11 J U%.� %i �? R ��....................... (as on the tax roll or latest d�.. 7 Iflicant is a corporation, si J appsignature of duly authorized officer. ......................................................... (Name and title of corporate officer) Builders License No . ......................... Plumbers License No . ......................... Electricians License Na . ..................... Other Trade's License No . .................... I. Location of land on which proposed work will be done.............................................................. :Zo ........................... ............................ House timber Street /Hamlet Carty Tax Map No. 1000 Section .. ls� ...... Block .....�....... Lot ..J. t.l........ Subdivision ............`...-" ................. Filed ]AV No. ............... Lot ........... (Name) .... 2. State existing use andoccupazmcy sea and intended use and occupancy of proposed construction: a. Existing use and occupancy .. .'� J .�„EN�/T.� r ....." ....................... b. Intended use and occ upazxy .. �j �C� er1 �.. ✓ S L). ) .. •..} 1.1 �1, . t . d ................................ a �........; Repair ............ Removal ........` .. Demolition � Q #tiv. kC ther Work` !Y%Ilt lOn C ra i y c7c� c7 Ci (Description) N , Estimated Gost ... �......:..t......... fee .....' (to be paid on filing this applicatinm) „ l• If dwelling, o ober of dwelling units ............ Umiter of dwelling. units on each floor Ifgarage, ounber of cars. ...................................... If business, connercial or mired occupancy, specify nature and extent of each t7pe of use......... .. Dimensions of/0. existing structures, if any: Front...IQ........ Rear ./..S-1......... Depth .Cn...Y� }eight .... .(D ................... lkmber of Stories ..... I ................ Dimensions of same structure with alterations or additions: Front ...7-7 :...... Rear ..^........... Depth _........"i ...... Wight .............::::�.,,.//Nmber of Stories —7 ..... Diaensions of entire new construction: Front • ... T...... , Rear. �.......... 3 • • . • .. Depth . ✓.r�2-: ...... � r Height ....,/..Q ................ ��Nyymber of Stories ....... l............ (r ?� ) I y� � Size of lot: Front .Jig ?a. pp3.t...... Rear ....s-3 1.F+1Q�.... Depth `J- !� Vv- �?`U)# !lily 0. Date of Purchase.4r.7... Name of Former ..:.......... .. �-- q I. Zane or use district in which premises are situated ..._. :P��„,hLt V.A-)..p�.-.................................. 2. Does proposed construction violate any zoning law, ordinance or regulation: .11 t ................... 3. Will lot be regraded .....ly/Z ......... Will excess fill be removed from prendses: YES NO 1t /. /Q! 4. Nam Names of owner of premises +tL o;4SKi��F�r : F` ... Address .S �S.1"i9.ih.�S7.J 4fl,(.., Phone No,524-1.! f Nave of Architect.... ...•.. .. ... Address ............................... Prone No.t-....ry'/ ...,,... Nave of Contractor/VAY ale . YMAp S !(V Address ..r..�_3 W! J! `Y. 1 t t f 24 .Prone No.5 a / (r .-,3 0 5. Is this property within 300 feet of a tidal wetland? * YES .......... NO 111 *IF YES, SOUIiIHD WA TRUSTEES PERMIT MAY BE REQUM. \\\ PLOT DIAGRAM locate clearly and distinctly all buildings, whether existing or proposed, and i ran lin Nether dimensions and indicate I'lYIE OF NfW YORK, J SS 7UNtYi--OFF ... s?.,. j��a' ),k..... II _ �.b'.71L'(6.t1,.� XL..............being duly sworn, deposes and says that be is . the applicant -- __- `lave of individufal signing contract) - ---ewe-vaned,- �_ _�. y�- Y / � � % /, � /� + , p g t i s cite ...... Aor�.. ,%"& �} .4Li.(i�`.ri •4i�'�i s�[ `�r'!Y. • .... Rg ori .C. + 71 . J Y. 5 ... ........... • . (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 pplicationr; that all statements contained in this application are true to the bestof his knowl&ge and belief and tat the work will be performed in the manner set forth in the application filed therewith. - worn to before me this /� ...... ��..... day of .... 1U���.19:.. Notary Publ"i _ w-. SARSARASTEPNOWSKI -- Notary Pub!ie. Sate of New York �L•3 �;, �I :kCounty CJTti:U5iGi1 Evp ras Sept. 30, 19G cc r TOWN OF SOUTHOLD, t w YORK APPEAL FROM DECISION OF BUILDING INSPECTOR gg��q,gg gg�? ^^tt APPEAL%NO. t) N 9 t3'ga 1 DATE ..�?.......}..:'...L.. (.... .�` TO THE ZONING BOARD OF APPEALS TOWN OF TH D N ,Y. C2� of t �fT!! °�u n %r1 III 1 :U.. A1.L� t..........of .. ...j...g6.......ZF1 Y.2 A? .1 :............ . Nr me of Appellant Street and Number ...........................................�� ..i7;..............HEREBY APPEAL TO :Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .................... WHEREBY THE BUILDING INSPECTOR.. DENIED TO -r ,1 .... X".-] .;........ Noir e o Applicantfor permit ........ iXT.AaY:t;a x ..,...::..i % f .............. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY sS%.t?.L�I:!:.l.t:>'+;S:I.:1`L:1..0.$x{.........:............. Streetlet / Use District on Zoning Mop Bisi District �Block�Lo .PriortOwWner .. . Ma No /t000 Lot NoJ/ , ] 2. PROVISION (5) OF THE. ZONING OlRtaDINIAN.CE APPEALED (indicate the Article Section, Sub- section and Paragraph ;of the Zoning Ordinanceby number. Do not quote the Ordinance.) Article I f Section )C0—.�5 3. TYPE OF APPEAL Appeal is made herewith for (.please check appropriate box) (y) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) q. PREVIOUS APPEAL Aprevious oppeal,. (has not) been mode with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. ...- ....................... ... Dated .......................................... ............................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (vl' A Variance to the Zoning Ordinance is requested for the reason that 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. lin undesirable change will NOT be produced in the character of the neighborhood or a ydetriment 'to neahjrbNGyprerties, if granted BECAUSE: O)jl"CA ba -3 S7—iC T® I9��rdY�'�e�,7 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: 1 y� � r Ire-- J ,e e vse� �, e err vc� `���ne/ �;-k r43 -1-4 F_ f°�7�e 0us , p:6e �, %�? 3. The amount of relief requested is not substantial BECAUSE _ p ncTP,3K,'n& �Y [7-y)y ;n F,,� �tr Yn� :ar)2 c e i �'-ep 15e�,r, eY,7—she1� ; A(�QFypp�ix imOL,0 c:o'-n(rr, a��/ie�) e t/,'o� OM'', 4. The variance will NOT have an adverse effect or impact on the physical or environental conditions in the neighborhood or district BECAUSE r� �,c,,,ihra��r�ve n 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) Agent must /attach written consent from owner. Sworn to before me this qAA_ day of3L,dQ S'�p;�tGLs1SKyd0A , 19/1 q 11. TOYI%A OF SOUTHOLD MwfPERTY RECORD CAR® )'l7 STREETS VILLAGE- DIST. SUB. LOT _N / A�E 2 , S W ,--, !1 <TYPF nF Ri iii nirir_ I RES. I SEAS. VL. FARM ;-'., , COMM. CB. MISC.Mkt. Value LAND IMP. TOTAL DATE REMARKS 00 v � �� � c> r_a 4 14- 3 �2 p � %�0q � rJ 0 ) % i a Lo ` d e c NEW NORMAL- BELOW ABOVE FTM FTM Acre Value Per Value Acre` Tillable 2 E Tillable 3 Woodland _ Swampland FRONTAGE ON WATER Brushland I ( CX�� FRONTAGE ON ROAD jHouse Plot i/J��O DEPTH, -4t s BULKHEAD `Total a... - DOCK � ff 3J ---------------- FTR — d9 foundation 7�1✓, Bath ! Dinette ;ion , y / 9� ✓ a" sP 9p Ba ement 2 r, Floors r K. sion Ext. Walls Interior Finish LR. f sion Fire Place Heat DR. p e S O C l = p 2S', ?jeJ� Type Roof Rooms 1st Floor BR, S p G Re rection Room Rooms 2nd Floor FIN. B. Dormer zewaY Driveway — 3e DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK' ­ ROBERT J. GAFFNEY SUFFOLK COUNTY EXECU11VE STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING August 18, 1999 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) Rushin (Patricia) & Motley (Pamela) 4662 Friedman, Stephen 4674 Trapido, Leonard 4693 Mackham, Linda Duffy 4713 Barry, Robert & Joyce 4714 Michelis, Gregory 4715 tjbutkowski, Stanley 4716 Sclafani, Anthony & Cheryl* 4717, Yaccarino, Joseph 4719 Von Eiff, William 4720 Von Eiff, William 4721 Angell,- Theodore 4726 *With the understanding that premises will be encumbered by appropriate restrictions, particularly as set forth by the Z.B.A. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ (5 1 6) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044 I 1 � 1 � 1 1 11 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article %IV 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 Ccsnnission: X Variance from the Zoning Code, Article III , Section 100-33 Variance from Determination of Southold Town Building Inspector Special Exception, Article Special Permit , Section Appeal No: 4716 Applicant: Stanley Rutkowski Location of Affected Land: 5705 Main Road, E. Marion, NY. County Tax Map Item No.:, 1000- 35-2-16.1 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) X 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 11 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 �r Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission..to locate shed in front yard area Copies of Town fileand related ocuments,enc ose or your review. Dated: %ac�(s, 1999 J APPEALS BOARD MEMBERS' _ Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. Stanley Rutkowski P.O. Box 291 East Marion, NY 11939 RAI BOARD OF APPEALS TOWN OF SOUTHOLD August 5, 1999 Re: Variance Appl. No. 4716 - Storage Building Location Dear Mr. Rutkowski: 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 Appeals Board's determination rendered July 28, 1999. I Please be sure to follow-up with the Building Department (765-1802) regarding issuance of a building permit for the shed. A copy of this written determination has been transmitted to the Building Department for placement in their pending application file and update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Decision filed 8/5 t .- -- <A; .3 j --y -Ai , ,x 10 , S h e � ?$ /00 Q Aly- o M hrple T►-�-�- rrjsT�k, -7—o /Z A-( e nd how � 7� cw►T 7-6 -jFr AWM `l's l,s -J� �. Sc Ga cv ,C, hT-0� 6I2'% Crg us; ,;-G- F�S eZ 7`K19- C� s 7 4rd-An B0Q v r -e. C -J-,- o ,( n • -t4e4&T—T, UJ AS F4 -Ckg oln-P, 0 Yi n �� A'T41, 77 S t • J�'. � -'fie' •c r ✓:`• 1. � % ..4 `. 't � jk 1 ^/'1.�•^�_" �� i{. F' ,f}�y� j•'+' e-li`z t - s "_A irk s.+,f w y s ..-b► zq-r)0-/-fi kv- v -I Q,� © f r�7v� d 1c -m-, o v e,� A/Op , Tr- i . rt • • �• ir w y s ..-b► zq-r)0-/-fi kv- v -I Q,� © f r�7v� d 1c -m-, o v e,� A/Op , Tr- i . �1 tz � _: �;,; e � � '� 7 ` � huh` �'�' _�'��t t ; 'K _� � � # ��^ 'h s>•'R. ��. j� � .yi. �,j' ``1, Y'. .]SJ Y � '� • , t. ` ,Yck+, � �� _ '.:. - `� � gF � f ���Y� � iii, i�f ,� � "'. '� . 1 .S x y ` � . Q�►� S '� �R M � f yi. t > .5,1 � �.. I Y' �1r '*3 ' ''�, �"+�,�';' ,� �' - fr ' �/r.'1 1,.X' ,�'T } ...ice dr. ��1,� n�� s� � . ��� 6043 P.M. -Appl. No. 4716 - STANLEY RUTKOWSKI This is a request for a Variance under Article III, Section 100-33, based upon a June 8,1999 Notice of Disapproval which states that the proposed accessory building is requested in a front yard rather than the required rear yard. Location of Property: 5705 Main Road, East Marion, N.Y.; Parcel 1000- 35-2-16.1. CHAIRMAN GOEHRINGER: I have a copy of the survey indicating the proposed storage building (inaudible) private right-of-way. How are you tonight Sir? MR. RUTKOWSKI: Very good Sir. CHAIRMAN GOEHRINGER: Are you Mr. Rutkowski? MR. RUTKOWSKI: My name is Stanly Rutkowski, East Marion. CHAIRMAN GOEHRINGER: It's a pleasure to meet you. MR. RUTKOWSKI: I just want to leave some pictures I'll be able to explain as I go along. CHAIRMAN GOEHRINGER: Thank you. MR. RUTKOWSKI: I'm going to read from the letter that I sent to the landowners. CHAIRMAN GOEHRINGERs OK, great, no problem. MR. RUTKOWSKI: This is a letter that I sent to the surrounding landowners. Dear Neighbor and Property Owners and in this case Board Members. Enclosed please find a princiapl Notice of Public Hearings before the Southold Town Board of Appeals. Regarding my request for a Variance of a Disapproval with regard to an accessory building, this shed is to be 12 x 24 foot to replace a building of 6 x 10 foot of vintage. The shed is meant to increase the area of storage space for garden tools and equipment, lawnmower, rototiller, garden hoses, etcetra, enjoining the garden area itself. Also, it is design to improve the overall appearance cosmetically of the un? 2 acre parcel as I am required by Southold Town to have. The Notice of Disapproval states that the proposed accessory shed is in the front yard area rather than the required rear yard. The positioning of the replacement shed is virtually in the same location as the (changing of tape inaudible.) boundary which to the Building Department (inaudible) my front yard disregarding the fact that my front yard faces to the South on State Highway Route 25. The propsoed shed and the shed to be repalced are 72 feet East of the beforementioned right-of-way. 51 feet South of my Northern Boundary, 66 feet to the rear of my home, and approximately 160.41 feet to the North of Route 25. My entry to Route 25 frontage is 385.63 feet. The front yard designation for the rear of my property is,very misleading to the general public and myself. There's 25 foot right-of-way is what access to the pumping station for public water to the rear of my property. Now formerly owned by the Village of Greenport. The pumps beforementioned, have been closed down for several years and a right-of-way that's seldom used and then only for service and maintenance to the idle pumps. Why then should I service right-of-way affectively replacement of the shed on my property? The original which had existed to my knowledge for well over 70 years. Addendum, in speaking with the Southold Town Attorney, Gregory Yakaboski, he found nothing in their Code Book and guide describing a right-of-way other than a right-of-way line used as a base for measurements. Funk & Wagners Standard College Dictionary describes right- of-way, as the right of a person to pass over the land,of another. Also, the path of a piece of land over which passage is made. Road'is described as an open way for public passage especially from one city, town or village to another, a highway. Road then would be more easily accepted as a reason for affecting my boarder property, but, certainly not a right-of-way which consists of heavily overgrown trees and bushes. It is Southold Town that requires me to have a minimumof two acres. Now I ask that you allow me to use it to my advantage and cosmetically for the good of the community. CHAIRMAN GOEHRINGER: Mr. Rutkowski, is there going to be any utilities in the building? Anything other than electricity? MR. RUTKOWSKI: There's nothing. There had been nothing. Ed Forester told me to go ahead and take the shed down because I had lights on the tree. CHAIRMAN GOEHRINGER: No, I mean the proposed shed. The new shed. MR. RUTKOWSKI: I'm hoping to take electricity to it and possibly water to the outside of the building. CHAIRMAN GOEHRINGER: OK. This is a one story building, right? MR. RUTKOWSKI: Right. It's 10 feet high, it's 12 x 24. CHAIRMAN GOEHRINGER: We'll start with Mr. Dinizio. Any questions of Mr. Rutkowski? MEMBER DINIZIO: No, no questions. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: No, no questions. CHAIRMAN GOEHRINGER: Mrs. Tortora? MR. RUTKOWSKI: I just want to - CHAIRMAN GOEHRINGER: Yes, go ahead. MR. RUTKOWSKI: I just want to emphasise that the right-of- way that you see in the picture there, if you've see it at all, - CHAIRMAN GOEHRINGER: Yes we did. MR. RUTKOWSKI: Is a, at the front the entrance to it is the closest wheel track to my boarder is 27 feet beyond my boarder and it's suppose to be only 25 foot right-of-way. So they've gone around all of the overgrown bushes and trees. I had to take it down at my own cost, the tree belonged to the Village of Greenport, a double tree, it cost me $500 to take.those two trees down and trim around it. That belonged to the'Village of Greenport. I couldn't get them to take it down. They just didn't look good. I was just tired of looking at it. It was just grown bushes and if you see wear and tear on the.roadway itself at the entrance that's because the a employees of the Islands End Golf Club. Legally or illegally I wonder if that road doesn't pickup and then turn around in back of the Snack Bar property and going on to the balance of the golf course? CHAIRMAN GOEHRINGER: Thank you. MR.RUTKOWASK,I: Thank you. _ CHAIRMAN GOEHRINGER: Mrs. Tortora, any questions? MEMBER TORTORA: Yes, I - CHAIRMAN GOEHRINGER: Oh, wait a minute Mr. Rutkowski. MEMBER TORTORA: I apologize. I did not have an opportunity to see the property. I have read through the file and everything so bear with me just a minute. On your survey, where is your house located? MR. RUTKOWSKI: My house is located at - MEMBER TORTORA: Is is located on the same two acre parcel? MR. RUTKOWSKI: Yes it is. MEMBER TORTORA: Oh,�it is, OK. Is it located on the survey you gave us? ELIZABlf'J7 H -H A. NEVILLE LlE 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: June 9, 1999 RE: Zoning Appeal No. 4716 - Stanley J. Rutkowski 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 4716 - Stanley J. Rutkowski. Also included are Notice Of Disapproval with Building Application attatched, Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, copy of Survey and photograph of shed. FA QUESTIONNAIRE FOR.FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the " subject premises and a description of their interests: (Se arate sheet may be attached.) B. Is the subject premises listed on the real estate market for a e or being shown to prospective buyers? ( } Yes } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? ( } Yes } No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? _ 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees f or its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed truction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and,are not shown on the survey map that you are submitting? If none exist, please state "none." G.- Do you have any construction taking place at this time concerning your premises? �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?_ If yes, please explain where or submit copies of deeds. I. Please list present use r operations conducted at this parcel e,4 and proposed use ur r WU MORRUFAMM -• 1��•t• _ n - 'and Date -- 10/901k r� 3'f'f »V .:S , J/ ccc�777 QUESTIONNAIRE FOR.FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the " subject premises and a description of their interests: (Se arate sheet may be attached.) B. Is the subject premises listed on the real estate market for a e or being shown to prospective buyers? ( } Yes } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? ( } Yes } No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? _ 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees f or its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed truction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and,are not shown on the survey map that you are submitting? If none exist, please state "none." G.- Do you have any construction taking place at this time concerning your premises? �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?_ If yes, please explain where or submit copies of deeds. I. Please list present use r operations conducted at this parcel e,4 and proposed use ur r WU MORRUFAMM -• 1��•t• _ n - 'and Date -- 10/901k V • � APPLICANT TRANSACTIONAL. DISCLOSURE FORM The Town of Southold's Code of Ethics Drohibits conflicts of interest on the pari, 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: (Last"name, first name, middle initial, unless you are applying in the name of someone else or other entity, sucli as a company. If so, indicate 'the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance pC 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 TIELATIONSTTIP Submitted this 7 day ofT!'�199_ S i g n a t u r'/!�lC�`� Print n a m e 2_ ,`,1'� //„a 14; NOTIC�DF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY JULY 22, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 22, 1999 at the time noted below (or as soon thereafter as possible): 6:20 p.m. Appl. No. 4716 - STANLEY RUTKOWSKI. This is a request for a Variance under Article III, Section 100-33, based upon a June 8, 1999 Notice of Disapproval which states that the proposed accessory building is requested in a front yard rather than the required rear yard. Location of Property: 5705 Main Road, East Marion, NY; Parcel 1000-35-2-16.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before concluding the hearing. 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: June 18, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski �IFCC; M0\V-!CEO JUL 0 31999 ZONING BOARD OF APPEALS TOWN OF SOUT.HOLD:NEW YORK ------ —--- —_—---- —--- —---- ----------- —------------- x In the Matter of the Application of AFFIDAVIT JT'I�no/111-v o ws i OF (Name of Applicants) MAILINGS Parcel ID #1000- a ,�- - -�, - //4 j --------__—_-------------------------------- J -------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Sj z / Jf u7- ro14S n i residing at E70 Sr%%9j'hR6 f9 d) Zgs"t:% ; )V , New York, being duly sworn, depose and say that: On the /-2-,L-day of �'t�Y ,19, I personally mailed at the United States Post Office in�sT" �� o Ai , 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 Qricial recor s on file with the k) Assessors, or ( ) County Real Property Office You o /oma , 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. (sraturb) Sworn to before me this 3 day of jLL )-y , 1911. o�� n IRIS R. BEGORA Nntlry Public, State o9 P= ii6S'3a (Notary Public) No. 01BE48844751 Qualified in Sufi Q9trtftni30 �acz�kD PLEASE list, on the back of this Afffdai,it or on a sheet ofl)al)er, the lot numbers next to the owner nanaes and addresses for which notices were mailed Thank you. 0 S A/0 L(V)q Y'f',s f'Tre7 O 5�� M--, C v y W-kv-Rv-,41a r;) -K-0 dO SAO res olgKdrle,J Wy //7o/? ,.-? 5- .2,— 16, —3 G/ 1 l� ✓� //�'f��v �£ WN aod S nay) 466L lady (asia A `T 7 -3�: C? —0 VpY% Ec m co 0oo c co c� I d O _ J V � // T'✓ �J V J J I, J f .r0• Y N a 'l9 O c, / oI, £ o c E m� t' A o f M o -p m N S c °� p o o E I E L •C O� U 'O ' V N d C d CL N 7 E O _ Q w- N .Z _51D; ,,, r td .d V O;752) N N CL N N U U O N V O (1 ? U E Q O O O O O. fd 1'1 d 01 ? C N •� 7 0 0 0 C (1 �o Z` U N N N lT N E tU O O`� O U O 6 E N_ 0 t1 E E 2 N E U C N O O C N G d@ C N m p E c E r E o o m I p N 7 Ca o) C C) N N u r d V N O fwd N fi C Y c11 yj iA Q• •O X Y N • V N N_ZZ pCj Y N L 7 LL N Y LL U t y U_ N N O E L O C G O W N O T I O U C O� N 0 > Z � ill � r f4 N� �❑ � N x �o azi m� p N L f0 t fU C u .O N m i in U O O N A O C 2 U N c9O- II p A '> E N c f 6. n. tC tU . cOi O N 7 N N "0 v. o a —e a� mo �2 �� d� o� �W uca ''p O O N fJ N O dF Cr 41 LA O N O Q d N E m 3 S V N d f tC N N cd .O W C9 N 7 C m a rn N � co A m m t v d 3 E c d mm m i ; �' °� v o> 'o � T N A p 3 0 0 o m �, QE) 2 _ m W� O. O xm T N 01 �' f U N 'O C ..- d frj O 01 Q td V R 'O N V N �i ZON G BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------------------------------------y------------------ x In the Matter of the Application of S _ � AFFIDAVIT OF (Name qf Applicant) POS'T'ING Regarding Posting of Sign upon Applicant's Land Identified as 1000- a S - 2 - l --------------_--_—___—_—_--------------_-------_x COUNTY OF SUFFOLK) STATE OF NEW YORK) 1J I, STq s7'�bLiJs `j o residing at New York, being duly sworn, depose and say that: On the ),3day of �l , 19 , I personally placed the Town's official Poster, with the date of hear ng 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 shown to be Si ature) Sworn to before me this o day o -8'Ai3E,18 A S7EPNOW$K( �iivtary PubLc, stale Now,%otk of Na. ®tST4&04752 i t Ouuiiiied in Sudoik County �; (Notary Pubic) commiGsion Expires Sept. 30, b *near the entrance or driveway entrance of my property, as the area most visible to passersby. �l 1 [�] ��l � I =VAI1: RYAA I L _ OFFICE OF ZONING BOARD OFAPPEALS 53095 Main Road, Southold, NY 11971 (516) 765-1809 fax 765-9064 June 25, 1999 Re: Chapter 58 — Public Notice for Thursday, July 22, 1999 Hearing Dear Applicant: 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 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 7/14/99. 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 FOR BOARD AND STAFF USE Updated New Information