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APPEALS BOARD MEMBERS
o Southold Town Hall
Gerard P. Goehringer, Chairman 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
James Dinizio, Jr. Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION DATE: January 10, 1996.
APPL. #4357. APPLICANT: MARGUERITE RUSSELL.
LOCATION: 3405 Wickham Avenue (and Grand Ave.), Mattituck.
COUNTY TAX MAP DISTRICT 1.000, SECTION 107, BLOCK 9, LOT 11.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated December 8, 1995.
PROVISIONS APPEALED FROM: Article XXIV, Section 100-242B.
RELIEF REQUEST}:D: Construction of new dwelling which replaces the
preexisting dwelling damaged by fire 6/13/95. New dwelling setbacks are
proposed to be nonconforming as shown on the survey prepared August 15,
1995, amended August 18, 1995. The front yard setback is proposed at
11 feet at its closest point from the front property line along Wickham
Avenue, and at 40 feet from the front property line along Grand Avenue.
The northerly yard setback is shown at 17 feet at the northeast corner.
MOTION MADE BY MEMBER: James Dinizio, Jr.: "the applicants were
put in a poor position when a building is destroyed by fire and the
Town's laws create a hardship after existence with a nonconforming
setback for more than 100 years. The building was destroyed by fire,
and not by choice of the owner."
SECONDED BY MEMBER: Gerard P. Goehringer, Chairman.
ACTION/RESOLUTION ADOPTED: Granted as applied (with setbacks as
shown on the survey amended August 18, 1995).
REASONS/ FINDINGS: (Continued from the above motion). The subject
property is a corner lot with two front yards. The house as formerly
existed was located 11 feet from the front property line along Wickham
Avenue. There is at least one other building with similar nonconforming
front yard setback in the immediate area. The dwelling as rebuilt will be
similar in design to the original dwelling which was destroyed, and will
meet all other laws and regulations applicable when obtaining permits.
VOTE OF THE BOARD: Ayes: James Dinizio, Jr., Member
Lydia A. Tortora, Member (due to history and
restrictions if forced to place dwelling in
different location)
Gerard P. Goehringer, Chairman-Member (above
reasons)
Nay: Robert A. Villa (feels applicant can correct
setbacks when a new dwelling is rebuilt).
(Member Doyen was absent as agreed with ZBA department, due to blizzard
and travel from Fishers Island.)
a
This resolution was adopted (3-1 margin). ~1~Z, -
GERARD P. G HRINGER
RECEIVED AND FILED BY
TIDE SOUTIIOLD TOTUN CLLIX
DAT ~ 7 H U
Town Ocr'_c, Town of
Jq
N •
UFFO(~
~~~yyy O C
APPEALS BOARD MEMBERS qs o~ ~Oy~
o .4 Southold Town Hall
Gerard P. Goehringer, Chairman n=y 53095 Main Road
Serge Doyen. Jr. °y 'V P.O. Box 1179
James Dinizio, Jr. Southold, New York 11971
Robert A. Villa rr Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN' OF SOUTHOLD
NOTICE OF HEARINGS
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, JANUARY 10, 1996, commencing at the times
specified below:
7:30 p.m. Appl. No. 1356 - MARTIN and CHRISTINE KOSMYNKA. This
is a request, based upon the December 6, 1995 Notice of Disapproval
issued by the Building Inspector, in which applicant was denied a building
permit to construct an accessory garage building in the required front
yard at less than 35 feet. Location of Property: 1985 Pine Tree Road,
Cutchogue, NY; County Tax Map No. 1000-98-1-11.2. This parcel
consists of a size under 20,000 sq. ft., and the principal front yard
setback is shown under Article XXIV, Section 100-244B.
7:33 p.m. Appl. No. 4357 - MARGUERITE RUSSELL. This is an appeal
based upon the December 8, 1995 Notice of Disapproval from the Building
Inspector in which applicant was denied permission to re-construct
one-family dwelling destroyed by fire 6/13/95 on the grounds that
Article XXIV, Section 100-212B of the Zoning Code reads that
reconstruction of a dwelling with a nonconformity (front yard setback) is
not permitted if destroyed by fire. Subject premises contains a
nonconforming lot. area of 23,850 sq. ft. and is located in the R-40
Page 2 of 2 - Legal Notice of Hearings •
Regular Meeting of January 10, 1996
Southold Town Board of Appeals
Low-Density Residential Zone. Location of Property: Northerly corner of
Grand Avenue at Wickham Avenue, Mattituck, NY; County Parcel
#1000-107-9-11.
7:37 p.m. - Appl. No. 4355 - PETER AND JANET BLOOM. This an appeal
based upon the November 29, 1995 Updated Notice of Disapproval issued
by the Building Inspector in which applicant was denied a permit to
construct front porch addition to dwelling with insufficient front yard
setback and exceeding the maximum lot coverage allowable in this R-40
Zone District, Article IIIA, Section 100-30A.3. This parcel contains a
nonconforming lot area of approximately 7,960 sq. ft. Location of
Property: 580 L'Hommedieu Lane at intersection with Old
Shipyard Road, Southold; County Parcel No. 1000-64-2-53. R-40 Zone.
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 before the scheduled date of the hearing for
updates or new information. If you have questions, please also
do not hesitate to call 765-1809.
Dated: December 19, 1995. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
x
• FonM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPAR'T'MENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date .8
e 19
o...~ . T/8 .
PLEASE TAKE NOTICE that your application dated
199.`x..
for permitto l , Q CYi ,Y.41 Y/ at
Location of Property yQ~', y,~~~ ~f • ~~f/1~:. .
House No.
n Street ~/amlet
County Tax Map No. 1000 Section l~ / Block 9.......... Lot/.. .
Subdivision Piled Map No. Lot No.
is returned herewith and disapproved on the following grounds
~Le
-411
ById' Inspector
RV 1/80
..unr,u vi 11unLlkl
j~Tu IJ • FORM NO. 1 3 SETS OF PLANS , • • • • • • .
TOWN OFSOUTHOLD SURVEY
BUILDING DEPARTMENT CHECK • • • • • • • • • • • •
6TOWN HALL SEPTIC FORiI _
SOUTHOLD, N.Y. 11971
TEL.: 765.1802 NOT I FY
`Examined . Fy/,~........ , CALL .
199( NAIL TO:
Approved 19 Permit No.......
Disapproved, a/c , .
i
_ (Building Inspector)
APPLICATION FOR BUILDING•PERMIT December 6,
Date ?EP7t?C?ll#? XXJh$ 1995
INSTRUCTIONS
a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with
sets of plans, accurate plot plan to scale. Fee according to schedule,
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public street
or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appl-
,cation.
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 issued a Building Permit to the applicant. Such,permi
shall be kept on the premises available for inspection throughout the work. •
e, No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupanc.
shall have been granted by the Building Inspector. .
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to th
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws,' Ordinances o
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 t(
admit authorized inspectors on premises and in building for necessary 'n pections.
ignature of applicant, or name, i corporation)
.1335 Trafalgar Street
Teaneck., New. Jersey
(Mailing address of applicant)
State whether applicant is owner, lessee, 'agent, architect, engineer, general contractor, electrician, plumber or builder.
Agent - Attorney in Fact
Name of owner of premises , . Marguerite, Russell
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No.
Plumber's License No. , . .
Electrician's License No. . . , . , , , , , , • , • • , .
Other Trade's License No. , . , , ,
Location of land on which proposed work will be done.
9f . Wi~kl}a n ,and .UX~r}d .QveRAQS Ma> x~pvck.......:... .
House Number
Street Hamlet
County Tax Map No. 1000 Section ...>:07.. Block .....9 . Lot 1,1, . , , , ; , , , ; , , . .
Subdivision Filed Map No. .
State existing use and occupancy of premises and intended use and occupancy of proposed cons of 1 . , , , , , .
truction:
a. Existing use and occupancy V(ggi Jgrp;e .(one .Eamiiy.)..pr:ior Co, des.txu t~pp, by, fire...~IO f I IqS
b. Intended use and occupancy ..tesidence .
3. Nature of work (check which applicable): New Building?, *-6 -Addition . Alteration
Repair Removal , , Demolition , , , , , , , , , Other Work .
4. Estimated Cost ; . , . , (Description)
Fee
(to be paid on filing this application)
S. If dwelling, number of dwelling units' . . . . . : . Number o; dwelling units on each floor ,
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and ext%nt.of each t of use .
7. Dimensions of existing structu ype
res, if any: Front , . ; ' ' • ' ' ' ' '
Height .......ILear Depth
Number of Stories
Dimensions of same structure with alterations or additions: Front • . • . . . ' ' ' • ' • • . ' '
Depth . Height . , Rear
8. Dimensions of entire new construction: Front J.7.14n es, ,.Number of Stories , , .
.Height i`~.) Lear -1)9
...Lir~¢r Depth
Number of St A
o es .
i .41/ .
9. Size of lot: Front , jlS.,(tpl; c(cjgrp.AUe" Rear ........IQ6 Depth
10. Date of Purchase 1°I pp ~S, , , Jame of Fo ;
rmer Owner
11. Zone or use district in whit premises are situated !K0. ' ' ' ' ' •
12. Does proposed constructt'pn violate any zoning law, ordinance or regulation: .
13 Will 16t be regraded /(y'Q • • • • • .
Will excess fill be rpmov d from premises: Y s Il
14 Name of Owner of premises YYl4~ ~V~~ dress 0 1 kA (b, Z1
Name of Arghltect ...ci, ; . . , Phone No.3 . .
Name of contractor . ' • ' Address . Phone No.. .
.Address , Phone No.
15.' Is,this proper ty;iwi'thin 300 feet of a tidal wetland?
No.........~
If,.ye$, Southold Town Trustees Permit may-be required.
a
PLOT DIAGRAM
Locate clearly'' distinctly, aall buildings, 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,
COUNTY OF SUF):AI S.S_
• • being duly sworn, deposes and says that he is the applicant
(Name of individua signi g c ntracp
ibove named.
-Ie is the ..:...Agent 14fi-Ah_;11l;t,4
..D? o
- s
(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
Ipplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the
vork will be performed in the manner set forth in the application filed therewith.
iwom to before me this
ddaay/'Jof'.:'. Stapt-emb Cou1995
lotary Public, C; !,!';l
nty
.note C. naac:notant o
NOI:fA ICE C.. n pi Ne,a Yur.. i QeS// GG~/
t'T
RECEIVED
DEC 1 3 1995 oK_/~ ,y~ 3 i 35
r/~~~,44 C JCF'
TOWN OF SOITWBLWAIe K
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 7~ J
DATE December....... e 1995
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1 ~X Marguerite Russell c o
of /,•„Abigail A. Wickham, Attorney
....Name of Appellant ..........tree
and Number
P o:.. BRX..1.42.4a..)Fs1GCZ.CV6k .11',..................HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO . DATED J)R.gVMb.gx.. ,..1.4.9..5..................-.
WHEREBY THE BUILDING INSPECTOR DENIED TO
BkiSail.B,.•~~ckk~m,..l C.L.4xn~y..os.•ower
Name of Applicant for permit
of
1A3.15..Jain.Zaad ................Matti Luak.....-...1..-.......: N,.Y
Street and Number
( ) PERMIT TO USE Municipality State
( ) PERMIT FOR OCCUPANCY
CK ) Building Permit
1. LOCATION OF THE PROPERTY S/E..corner Wickham Ave. & Grand Ave., Mattituck, NY
.
Street /Hamlet
/ Use District on Zoning Map
Map
District 1000 Section 107Block g Lot 11
'-••••••••••---•••••••-•--••---••----.•--•_-._._..........__•Current Owner Marguerite Russell
Mop No. . Lot No.
Prior Owner
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 XXly Section 100-242 B
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons- Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal KIMX.(has not) been made 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 made in Appeal No .................................Dated
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( X) A Variance to the Zoning Ordinance
is requested for the reason that Applicant wishes to reconstruct a residence in the same
location as the residence which recently burned, which had an 11 feet front yard setback from
Wickham Avenue. The residence will be built on the same footprint as the original
structure except for a small addition on the west side.
.••--+.~x~.~Pbrinsar
(Continue on other side)
REASON FOR APPEAL IraHy'oi~A~er;""
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the original home was located in the proposed location for
many years and applicant intends to reconstruct a residence in the same location.
To move the house back from the road would be a hardship due to the fact that the
ground slopes off sharply immediately behind the proposed location and if it were
located further back, it would b enecessary to build into the hill and bring the
house closer to potential flood waters. Also, moving the house back would result
in the elimination of several large trees which applicant would like to retain.
Applicant believes the house was constructed at the turn of the century.
2. The hardship created is UNIQUE and is not shored by all properties alike in the immediate
vicinity of this property and in this use district because the variance is necessitated by a
tragedy of a fire which destroyed the residence that had been constructed many,
many years prior to enactment of the Zoning Code.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the original house stood for many years in the
proposed location. In addition, there are other residences along this street
which are built close to the road.
STATE OF NEW YORK
. (Qy , . ~ .
) ss 4A
T~ Q
COUNTY OF SUFFOLK ) Signature F
Sworn to this )2MI........................ day of........ Decembgr................................ 1995 (~I' f~
..w . -
Notary Public
r4otarv t Jv YL. '
No. 52_1.._..:.
- QuslmFr vn ;u fr -„V
Commissirn cxpir" i
0 6 /o ' 9t = `i j`'f0 1 00 SOUTHOLD PROPERTY RECORD CARD
O NER REET 3 / VILLAGE DISTRICT SUB. LOT x-
FOR ER OWNER N E ACREAGE
S W / TYPE OF BUILDING No
RES. SEAS. VL. FARM comm. IND. CB. MISC.
LAND IMP. TOTAL DATE REMARKS
400 `"(500 S S004, C,4,
p V -00 0 . ev 0 -7-1/0 Dem cde c ire a i„? ~ e
960 4,1 3a0 ;i 71ooi x/18 ~y
AG BUILDING CONDITION
NEW MAL BELOW ABOVE
Farm'f"Acre Value Per Acre Value
Tillable 1
Tillable 2 v. 7171
Tillable. 3 - r
Woodland
Swampland p v k
Brushland p / ..UP rq 1 e
House Plot
Total
yd:. A" ?
ULM
}
c~ 5
Ft. ~ i FY:•-1 ~ ~ ~tr //?~/~y~fjj`'-,VI'-a
r
-
Al. zI r
1 r $ Dv 0 O Foundation . G o n/C Bath / L h
A Bid g d0 x3~ d -
} Basement F,1 L Floors, P/ R~
-xten ion
t F~ t. Walls Interior Finish a wwt L p
xtension &J6rVD 5PIAI
• Fire Place N p Heart F S f'
extension , .s:.
Porch Attic-
- y pry-
5: ...,V
/ 97L p U Porch Rooms` 1st Floor
r/ Jae _
Patio`' Rooms 2nd Floor
BreezewoY x_..,.. _
G Driveway
G
arage Z L.~
GaliFjGC aDOD sNA t. - y - -
O B,
71
f:. 5.5~
J A i Wa
-TITLE NO. BUiL
AWL
r - rte..'
F[-oeTS A/vTE
-9 /S C APPROx/M4>EGy/
/SO GU. YQ=s Off"
J~ rca yEN VJa~
G (rsFu/ N F/GL To GRADE .
~f
1„S ZB '3 ~6 vas
~ R.onIDS
off-
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N .r , 1: `LI Q,
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7`57'
566 SmEcaT eqof•L "J~
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I °"y 7y may' I__.
c < ~ v?ELL ~.,ay
.41
kris
PEE. ; SET 9B
AREA /G, 3oG .5G1. FT. ,~V./ALL S' 0' * c oT /
Pp°Uneut or,ruf albratiOn ur arfdi6pn CmehcaYions Inrl,wirf hereon Signify that this
CERTIFIED TO m a Survey „ran brlo.ing a gcanse„ s„roes Was Prepared in accordance with the Saw
I."J s neyur's sill Is a vi blabon of ng Cnne Of Practice for Land Surveys adopted
SC ~/G l1k; on 7209, soh d,onion 2, of the by the Nge York Slate ASccuUon of Pro
New York Slab Lducnion Law lessronal Leod Surveyors. Said certifications Shall
/%./a^.ST AI0R Comer leun• he u run Only to vls. poll.. for whom tp. iu.v.Y to
" t qg,^m Or thq prepared, ann on his behalf 10 the Will. company,
M.4RTin~ f(os/e/yvKA BV of ,rYrktl(1 Wit an gove.rnmenial agnncV Or, lending Instltvtion
Orlflr Ml al rM16 land survey Ors e~ r lifted hereon, and to the aasigMae of the lending
bossed seal shell ^pt be consider atl
Y institution. Certlficalions are not transffil to
td he a oell,l cmv " an,f nipnal Imrn„n. ns dr whsenwm Owners."
SURVEY OF LOT 2/ q c P/o lvree TL~sen lyiu
vW
MAP OF (:unsuhing Engineers and I.ana(..Surt er"
/N-9S,S~(/ F.-q.Qyys
CF/G.~O HARGN COnsultlny Engineers 6 L,md Svlv,, ors
Z~• /93S F-il~ mar. /i 79,
LOCATED IN /~<~GON/C TowN Ov 125 CHURCH STRt FT 1001 MIDULE COUNTRY RD.
SO!/Th'OLD SUF-FaLK CO. NJ/ MALVERNEN, v. 11565 RIDGE, N.Y. 11961
Y
PLOT PLAN 15161 5993663 151619203230
e -14iv. 29, /990
ii FINAL LOCATION SCALE 1 IN. - QO°r JOB NO. eW-3.~'Y2
R~ 9 y Fc~vt .~fi3/9o ; .S'fIEET / Off'
µ Rte./. 9/~/ ° c
O
PO a~°0° Ss~es ~O
~0 `o `~o s3
2iO. ^ hryry., h 3 hh
` Fsro ax• h
Dhc H `SMF~ a ~0 hh
0 ~L e a A`
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O O~ P~
~~N X00
Op ,
(v 101
oOtK
?0000 h O `OT
-~o
NorE
¦ = MONUMENT
SUBDIVISION MAP FILED IN THE OFFICE
OF THE CLERK OF SUFFOLK COUNTY ON
?ULY 24, 1935 AS MAP NO. II84.
St P`E OF NEW
t
~p,FLD w' r 09'f
o O
4( REVISIONS YOUNG & YOUNG
400 OSTRANDER AVENUE, RIVERHEAO, NEW YORK
l~rf 0.450S ALDEN W. YOUNG HOWARD W. YOUNG
'YfFe ~~F PROFESSIONAL RENGINEER AND LAND SURVEYOR
LAND $13 LAND SURVEYO. N.Y.S. LIC. NO. 12845 N.Y.S. LIC. NO. 45893
SURVEY FOR:
UNAUTHOPHZED
SURVEY IS A vtAION ALTERATION 0 OR OF ADDITION 0TION TO TERRY R. TUTHILL 8 DOROTHY P. TUTHILL
THIS
T20B OF THE NEW YORK STATE EDUCATION LOT NO. 12 'AMENDED MAP OF MATT/TUCK HEIGHTS~~
LAW
COPIES OF THIS SURVEY MAP NOT BEARING
THE LAND SURVEYORS INKED SEAL OR
EMBOSSED SEAL !HALL NOT BE CONSIDERED
To BE A veu0 TRUE COPY AT MAT TI TUCK SOGUARANTEED TO:
UTHOLD SAVINGS BANK
GUARANTEES INDICATED HEREON SHALL RUN THE r/rLE GUA RA NT££ CO.
ONLY TO THE PERSON FOR WHOM THE TOWN OF
SURVEY IS PREPARED, AND ON HIS BEHALF SOUTHOL D
TO THE TITLE COMPANY, GOVERNMENTAL
AGENCY AND LENDING INSTITUTION LISTED BY
HEREON.AND TO ME ASSIGNEES OF THE SUFFOLK CO., N. Y. GE/
LENDING INSTITUTION. GUARANTEES ARE
NOT TRANSFERABLE TO ADDITIONAL SCALE: r DATE:
aO ?UNE Z,F
19T6 I NO. 76-515
INTTITIIT Il14t I,q R„e F[Nlle u} l1W Nfq(
MAP OF PROPURTY
ra.. "S UrZVEYIEV x00
YA.SSO
49!~ - MN2GU"272 RUS'ELL.
~ S 53 09 3Q"Ie.
AT
f
ZtS' MATT I T LIC V-
"T' I mciuuM$N'T
rw, ~ - /(TOP OFF)
Q TOWN OF BOUT t t,-ix
Q, vim, 13Aq-14ES WIZ SCE _ w e
Ui i
U r pillTlq I 1 1 ~ ~ ~
OF ti4OUSE
PwoPn
aj~w us
p Y tai 3
w
1
Ice
4- sn
T
"273.7, ~.J Q
G12AND OSt
AVENUE Ar wrtMIEQ
SCALE -40's-
A~ZGA = 2 25 $50 SQ. FT
i ~ AMOK )I?wv AV&. is. 1995
Unsuftih*d alienation or 11111110
to this survey is a doletlon of 7 C{ J C~I T nL X47 . [ J
Section 7208 of ft New York StaN f^~r G Y -
SUFF. CO. TA)( MAP DATA, ICW-107-9-11 Education Law 2~DERICI~, `~A~ TU`~L P,C.
Copies of this survey map notbearM9 OF NE L,._^y
the 'Ann A-mrMfor's klw seal or embossed W be ~ ~,\rK 1/44, 00
to be a valld tW CWK ro 0
0 s ~ /....e yyr~
Guarantees hiditwtedherson"I run r * I 7
only to the peaonfor whom the survey {y c~.j ._.~_},.s~.-.
Is prepared,andonhisbehalf to the Lt~r~lte?sV t VG 1 ~.f1G~ '-fZeGNP'y~f N- Y.
title company. governmental agency wld
lending institution listed hereon and to the assignees of the lending insiM ,1 Win. ND Sv
lutlon. Guarantees are not transferable
to addllion;l uisi:mtiuns or subsequent
J
o~~gUFFD(,~-co ~
APPEALS BOARD MEMBERS may` Gy
o Southold Town Hall
Gerard P. Goehringer, Chairman y, T 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
James Diniaio, Jr. Oj ~a Y Southold, New York 11971
Robert A. Villa Fax(516)765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
January 16, 1996
Abigail A. Wickham, Esq.
P.O. Box 1424
Mattituck, NY 11952
Re: Appl. No. 4357 - Marguerite Russell (Variance)
Dear Ms. Wickham:
Please find enclosed a copy of the determination rendered by the
Board of Appeals and filed today concerning the above application. A copy
of this determination has also been furnished to the Southold Town Building
Department pertaining to Notice of Disapproval issued last..month.
Also, due to the proximity of this project within 500 feet of a
waterway, State or County Road, we have transmitted copies of the
variance file to the Suffolk County Department of Planning for their
determination as required under the County's Administrative Code. It is
expected that the County will forward a copy of its determination directly
to the property owner and our office once it has completed its review.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to
Building Department
Suffolk County Department of Plannino
>r
~OSUFFO(~-~
APPEALS BOARD MEMBERS
C4 ` Southold Town Hall
Gerard P. Goehringer, Chairman o • 53095 Main Road
Serge Doyen. Jr. y ,y y P.O. Box 1179
James Dinizio, Jr. '~Oj Avg
'Aaw Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
ACTION DATE: January 10, 1996. OF SOUTHOLD
APPL. 44357. APPLICANT: MARGUERITE RUSSELL.
LOCATION: 3405 Wickham Avenue (and Grand Ave.) Mattituck
COUNTY TAX MAP DISTRICT 1000, SECTION 107, BLOCK 9, LOT 11.
BASIS OF APPEAL: Notice of Disapproval issued by the Building
Inspector dated December 8 1995.
PROVISIONS APPEALED FROM: Article XXIV, Section 100-242B.
RELIEF REQUESTED: Construction of new dwelling which replaces the
preexisting dwelling damaged by fire 6/13/95. New dwelling setbacks are
proposed to be nonconforming as shown on the survey prepared August 15,
1995, amended August 18, 1995. The front yard setback is proposed at
11 feet at its closest point from the front property line along Wickham
Avenue, and at 40 feet from the front property line along Grand Avenue_
The northerly yard setback is shown at 17 feet at the northeast corner.
MOTION MADE BY MEMBER: James Dinizio, Jr.: "the applicants were
put in a poor position when a building is destroyed by fire and the
Town's laws create a hardship after existence with a nonconforming
setback for more than 100 years. The building was destroyed by fire,
and not by choice of the owner."
SECONDED BY MEMBER: Gerard P. Goehringer, Chairman.
ACTION/ RESOLUTION ADOPTED: Granted as applied (with setbacks as
shown on the survey amended August 18, 1995).
REASONS /FINDINGS: (Continued from the above motion). The subject
property is a corner lot with two front yards. The house as formerly
existed was located 11 feet from the front property line along Wickham
Avenue_ There is at least one other building with similar nonconforming
front yard setback in the immediate area. The dwelling as rebuilt will be
similar in design to the original dwelling which was destroyed, and will
meet all other laws and regulations applicable when obtaining permits.
VOTE OF THE BOARD: Ayes: James Dinizio, Jr., Member
Lydia A. Tortora, Member (due to history and
restrictions if forced to place dwelling in
different location)
Gerard P. Goehringer, Chairman-Member (above
reasons)
Nay: Robert A. Villa (feels applicant can correct
setbacks when a new dwelling is rebuilt).
(Member Doyen was absent as agreed with ZBA department, due to blizzard
and travel from Fishers Island.)
This resolution was adopted (3-1 margin).
GERARD P. GOEHRINGE
• ~~g~FFO(,~
APPEALS BOARD MEMBERS hy~ C~Gy
o Southold Town Hall
Gerard P. Goehringer, Chairman ,co'„ 53095 Main Road
Serge Doyen, Jr. ~y N'F P.O. Box 1179
James Dinizio, Jr. Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
Pursuant to Article XIV of the Suffolk County Administrative Code, The
Board of APPea Is of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning Commission:
XX Variance from the Zoning Code, Article XXIV Section 100-2428
Variance from Determination of Southold Town Building Inspector
Special Exception, Article Section
Special Permit
Appeal No: 4357 Applicant:Marguerite Russell -
Location of Affected Land: 105 Wickham Ave & Grand Ave., Mattituck, NY
County Tax Map Item No.: 103048- 107-9-11
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
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 construct new dwelling
which replaces preexisting dwelling damaged by fire 6/13/95 - insufficient
front yard setback
Copies of Town file and related documents enclosed for your revie,a.
Dated: January 18, 1996
•
o~~gOFfO(~-co
APPEALS BOARD MEMBERS GyR
c .cp Southold Town Hall
Gerard P. Goehringer, Chairman V',. nx, by 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
James Dinizio, Jr. 41 Southold, New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
January 16, 1996
Abigail A. Wickham, Esq.
P.O. Box 1424
Mattituck, NY 11952
Re: Appl. No. 4357 - Marguerite Russell (Variance)
Dear Ms. Wickham:
Please find enclosed a copy of the determination rendered by the
Board of Appeals and filed today concerning the above application. A copy
of this determination has also been furnished to the Southold Town Building
Department pertaining to Notice of Disapproval issued last.month.
Also, due to the proximity of this project within 500 feet of a
waterway, State or County Road, we have transmitted copies of the
variance file to the Suffolk County Department of Planning for their
determination as required under the County's Administrative Code. It is
expected that the County will forward a copy of its determination directly
to the property owner and our office once it has completed its review.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to:
Building Department
Suffolk County Department of Planning
• COUNTY OF SUFFOLK
(9
ROSERTJ. GAFFNEY
SUFFOLK COUNT' EXECUTIVE
STEPHEN M. JONES, A.I.C.P.
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
January 19, 1996
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative
Code, the following application(s) submitted to the Suffolk County Planning Commission is/are
considered to be a matter for local determination as there appears to be no significant
county-wide or inter-community impact(s). A decision of local determination should not be
construed as either an approval or a disapproval.
App icant(s) Municipal File Number(s)
Bloom, Peter & Janet 4355
Xussell, Margaret 4357
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:pk
A:1sDQ55.WPO
220 RABRO DRIVE • P.O. BOX 6100 • HAUPPAUGE, LONG ISLAND, NY 11788-0099 • (516) 853-5190 9 FAX (516) 8534044
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STATE OF NEW YORK:
:ss
COUNTY OF SUFFOLK:
I, JAIME SCHULTZ, residing at 3105 Little Neck Road,
Cutchogue, New York, being duly sworn, depc:e and say:
I am employed by the firm of Wickham, Wickham &
Bressler, P.C., 10315 Main Road, Mattituck, New York 11952,
and am over 18 years of age;
On the 2nd day of January, 1996, I mailed a true copy
of the Notice attached hereto, directed to each of the
persons at the addresses listed below; that said addresses
of said persons listed below are the addresses of said
persons as shown on the current assessment roll at the Town
of Southold; that said Notices were mailed at the United
States Post Office at Mattituck, New York 11952; that said
Notices were mailed to each of said persons by certified
mail.
Mr. & Mrs. Edward E. Kugler Ms. Mary Flanagan
3240 Wickham Avenue 1430 Conklin Road
Mattituck, N.Y. 11962 Mattituck, N.Y. 11952
Mrs. ELizabeth H. Murphy Mr. and Mrs. Howard Safir
Wickham Avenue 12242 Westwood Hills Drive
P.O. Box 84 Fox Mill, Virginia 22071
Mattituck, N.Y. 11952
Mr. and Mrs. Charles O. Hanff
37 Cedar Avenue
Islip, N.Y. 11751
a'me Schultz
Sworn to before me this
X'~- day of Januar 1996.
Notary Public
re-affserv
BOARD OF APPEALS TOWN OF SOUTHOLD
In the Matter or the Petition of
MARGUERITE RUSSELL NOTICE
to the Board of A TO
ppeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it ' the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a. Variance (Special Exception) (Special Permit) (other)
( (circle choice)
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Southeast corner of Wickham Aypnup and r- ,t e >n
ynrig
SCTM# 1000-107-9-11
3. That the property which is the subject of such Petition is located in the following zoning district:
R-40
4 Tlut h~ such Petition, the undersigned will request the following relief: Reconstruction of
dwellin destr~ed by fire having insuffici nt front yard apt back
S. Th.tt the provisions of the Southold Town Zoning Code applicable to the relief sought by the under.
signed are Article XXIV Section 1 n0-24?g
[ ) Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7d5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at lead five days prior to the date of such
licaring in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: December 17, 1995 - -
Petition ~j °14 `
Owners'Name ,ut 1_
Post Office Address
c/o Abigail A. Wickham Fs i
Attorney for Owner
ox ttituck, N.Y. 11952
e l . ' o . 5161 Ma 298-8353
[Copy of sketch or plan showing proposal to be:attached for convenience
purposes.]
This matter has been scheduled for a public hearing before the Southold Town
Board of Appeals at the Southold Town Hall, 53095 Main Road, Southold, N.Y.
on Wednesday, January 10, 1996 at 7:33 P. M.
BOARD OF APPEALS. TOWN OF 50UTHOLD
In the Matter or the Petition of
MARGUERITE RUSSELL NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a. Variance (Special Exception) (Special Permit) (Other) (circle choice(
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Southeast corner of Wickham Avenue and Crand Avon a Marr'r k New v.,,-k
SCTMII 1000-107-9-11
3. That the property which is the subject of such Petition is located in the following zoning district:
R-40
4 Thal hN such Petition, the undersigned will request the following relief: Reconstruction of
dwelling destroyed by fire having insufficient front yard c back-
S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article XXIV Section 1n0 9C9n
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7~5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler•Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: December 12, 1995
G~ a
Petition P01tCvf
Owners'Name
Post Office Address
c/o Abigail A Wirkhnm Rsq
Attorney for Owner
0. ox , ttituck, N.Y. 11952
el. o. 516 / 298-8353
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.] ~r-
v,YG v ;W pn il: eud5
i
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAM ADDRESS
Howard and Carol Safir 12242 Westwood Hills Drive
Fox Mill, Virginia 22071
Z 259 957 672
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for international Mail
(See Reverse)
M sem o
m Mr. & Mrs. Howard Safir
m Street alld No
v 12242 Westwood Hills Driv
2 P.U.. Sate and ZIP Code
Fox Mill Vir inia 22071
Pe OX
00 $ .32
E Cernr~ed Fee / Q
0 1.96
u- SOeoai Daher, Fee
a
Resmctae De-Ire tee
Return Raeeipt Snowing
/ O
to Whom & Dale DeWered 1 ~
Rem- Ree a,-, Srtv,~ to Whom,
Darei end ea'3mat)ress
$ -APR
ost rk or 2
,~~195 1
STATE OF NEW YORK ss.:
COUNTY OF SUFFOLK)
Madeline S. Haas residing at 595 Brower Road, Mattituck, N.Y. 11952
being duly sworn, deposes and says that on the 12th day
of December .19 95 deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Mattituck, New York 11952 ; that said Notices were mailed to each of said persons by
(certified) *MMIP" mail.
Mad ine S. Haas
Sworn to before me this ~o(
day of Decem er 19 95
_ CSC ~
Notary Public
JOYCE A. STONER
NOLARY in » oNaw York
Cwatt w" bokas Notre a 1 0
r
(This side does not have to be completed on form transmitted to adjoining
property owners.)
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE De(;9Ther•...... ;..1995
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
X Marguerite Russell of c/o Abigail A. Wickh.. . am., . At . torney
.
Name of Appellant Street and Number
R.:.. o:.. Bo?s..1.42.4a..1)s3.CCZ.CVC)5 AX................... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO DATED ..A.ecetPkex..6.,..1.4.4.5....................
WHEREBY THE BUILDING INSPECTOR DENIED TO
......Ak18a31.2...3f1 C1<17g10.,..AC.C.9S.Ll~y..l.4r.. Qwner
of Name of Applicant for permit
_.....1A 3.15 .Main.lioad .Mattikuak.................... :..At.X............................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
01 ) Building Permit
1. LOCATION OF THE PROPERTY S/E.corner Wickham Ave. & Grand Ave., Mattituck NY
/ Use District on Zoning Map
District 1000 Section 107Block q Lot 1 Street /Hamlet
1--.Current Owner Marguerite Russell
Mop No. Lot No.
Prior Owner
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 xxiv Section 100-242 B
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(X) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal PHE#X(has not) been made with respect to this decision
of the Building Inspector or with respect to this property,
Such appeal was ( ) request for a special permit
I ) request for a variance
and was made in Appeal No . ................................Dated
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( X) A Variance to the Zoning Ordinance
is requested for the reason that Applicant wishes to reconstruct a residence in the same
location as the residence which recently burned, which had an 11 feet front yard setback from
Wickham Avenue. The residence will be built on the same footprint as the original
structure except for a small addition on the west side.
.~..,...~,.,,•Pbrm.zwt_ (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sory HARDSHIP because the original home was located in the proposed location for
many years and applicant intends to reconstruct a residence in the same location.
To move the house back from the road would be a hardship due to the fact that the
ground slopes off sharply immediately behind the proposed location and if it were
located further back, it would b enecessary to build into the hill and bring the
house closer to potential flood waters. Also, moving the house back would result
in the elimination of several large trees which applicant would like'to retain.
Applicant believes the house was constructed at the turn of the century.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because the variance is necessitated by a
tragedy of a fire which destroyed the residence that had been constructed.many,
many years prior to enactment. of the Zoning Code.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the original house stood for many years in the
proposed location. In addition, there are other residences along this street
which are built close to the road. elf)
STATE OF NEW YORK
) ss..
COUNTY OF SUFFOLK ) Signature
~F,
Sworn to this ..............)2.0........................ day of........ Decemhgr................................. 1995
...;y'r•4fr.2~ F.kk FG~`: 1.._._
Notary Public
ABili-'.il
Nt h2
Quolmed M SuffI I „y
Commission
Lxpu d: o,,li i9
BOARD OF APPEALS:TOWN OF SOUTHOLD
-----------------------------------x
In the Matter of the Application
of
MAR(,UIRLTF RUSSELI.
------------------------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT OF POSTING
with office at
1, ABIGAIL A. WICKHAM BMX 10315 Main Road
Mattituck, New York 11952
being duly sworn, depose and say:
That on the 3rd day of January 199 6 , I personally posted
the property known as "3405 Wickham Avenue, Mattituck" by placing
the Town's official poster Notice within 10 feet of the front
property line facing the street where it can easily be seen, and that
I have checked to be sure the poster has remained in place for seven
days prior to the date of the public hearing (date of hearing noted
thereon to be held January 10, 1996.)
Dated: January , 1996.
lul-
(sil;46ture)
%GGfZAbi ail A. Wickham
Sworn to before me this
/G day of January, 1996.
otary Public. a e " c
O~~gUFFO(,~-CO
APPEALS BOARD MEMBERS tiy` Gym
c Southold Town Hall
Gerard P. Goehringer, Chairman T 1~ 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
James Dinizio, Jr. Southold. New York 11971
Robert A. Villa Fax (516) 765-1823
Lydia A. Tortora Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
December 19, 1995
Abigail Wickham, Esq.
Wickham, Wickham & Bressler
P.O. Box 1424
Mattituck, NY 11952
Re_ Appl. No. 4357 - Marguerite Russell (Variance)
Dear Ms. Wickham:
Please find enclosed a copy of the Legal Notice sent for
publication in this week's newspaper by our office. An appearance in
behalf of, or by, the property owner is requested at the public
hearing in order to answer questions.
We also furnishing to you a poster for placement within 10 feet
of your property line where it is visible from the street. The sign
should be displayed as soon as possible and must remain displayed
for seven days (or more), and to complete the record, the enclosed
Affidavit with appropriate signatures is be returned to our office.
If you have any questions, please do not hesitate to call us.
Wishing you all a happy holiday season.
Very truly yours,
Linda Kowalski
Enclosures
STATE OF NEW YORK)
SS;
was denied permission to m-construct time and place hear any and all persons )
al Nodees was one-family dwelling destroyed by fire or representatives desiring to be heard
Lei
6/13/95 on the grounds that Article in the above applications. Written of Mattituck,
XXIV, Section 100-242B of the comments may also be submitted pri
OTICE OF HEARINGS Zoning Code reads that reconstruction to the conclusion of the subject hear-or Idy sworn says that he/she is
N CE IS `HEREBY, GIVEN. of a dwelling with a nonconformity ing. The above hearings will not start SUFFOLK TIMES, a Weekly
pursuant to Section 267 of the Town - (front yard'utback) is not permitted if before the times designated, and are
Law and the Code of the Town of . destroyed by' fire? Subject premises' in addition to other hearings. It is me- at Mattituck, In the Town of
Southold, thiat"the following`a-pplica' contains a' nonconforming lot area of ommended that the file(s) be 'folk and State of New York,
lions will be held for public hearings' 23,850 sq. ft. and is located in the R-40 reviewed before the scheduled date <
before the'-SOUTHOLD'TOWN Low-Density' Residential Zone. of the hearing for updates or new f which the annexed Is a
` BOARD OF :APPEALS, at l the Location of Property: Northerly corner - information. If you have questions, regularly published In said
Southold Town Hall, 53095 Main of Grand Avenue at Wickham Avenue, please also do not hesitate to call
Road, Southold,. New York 11971, on Mattiluck. NY; County Parcel #1000. ! 765-1809. Week for I weeks
WEDNESDAY, JANUARY I&lf%,T 107-9-IL` Dated: December 19, 1995.
commencing at the times specified 7:37 p.m. Appl. No. 4355 - PE- BY ORDER OF THE SOUTHOLD on the ' , ~ day of
below:. - TER and JANET BLOOM. This is TOWN BOARD OF APPEALS
7:30 p.m. Appl. No 4356 - MAR- an appeal based upon the November- GERARD P. GOEHRINGER
TEN and CHRISTINE KOSMYN- 29, .1995 Updated Notice of Disap- - CHAIRMAN
KA. This is a request. baud upon the poo proval issued by the Building Inspee- By Linda Kowalski
December 6, 1995 Notice of tot in which applicant was denied a 8585-ITD21
Disapproval issued by the Building permit to construct front porch addi-
Inspector, in which applicant was tion to dwelling with insufficient front CHRISTINA VOLINSKi
denied a building permit to censtiuct- yard setback and exceeding the maxi- Notary Public, State of New York Prince al Clerk
an accessory- garage building in the - mum lot coverage allowable in this R-
p
required front yard a less-than 35 feet. 40 Zone District, Article IIIA. Section No. 5004884
Location of Property: 1985 Pine Tee 100-30A.3. This parcel contains a non- Qualified in Suffolk County
Rood. Cutchogue,-NY: County Tax conforming lot area of approximately COBBTIISWOD fxplfs8, NOVettlbaq 23, 1 Map No. 1000-98-I-II.7- This parcel 7,960 sq- 0. Location of Property: 40
consists of a siu under 20,000 sq. ft.,. (formerly 580) UHommedieu Lane a
and the principal' front yard setback is intersection with Old Shipyard Road, Notary Public
shown under Article XXIV, Section Southold; County Parcel No. 1000-64-
100-244B. , - 253. R-40 Zone.
. 7:33 p.m. Appl No 4357 - MAR- - The Board of Appeals will at said
GUERITE RUSSELL This is an _ Sworn-to before me this ~'X f'
appeal based upon the December H. m i
1995 Notice of Disapproval from the . B B day of-- . _ Ig
Building Inspector in which applicant
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June 15, 19J'~T~'e'utfo(k fii es 3
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Cleaning Up Photo by Judy Ahrens
Firefighters picking through the rubble after a roaring blaze devoured a
Mattituck house early Tuesday. See story, page 22
22 • The Suffolk Times • June 15 1995
f#f.`
SK^
j
i
by Lon -
HOT WORK-Firefighters battling Tuesday morning's blaze inoMattituck.l~n
M F D Vamp had caused LILCO to check the Russell
S house for problems, as well. A crew of
Douse Blaze LILCO investigators went over the
house after the fire, he said.
MATTITUCK-An unoccupied two- Chief Griffin said the home was about
story home on Wickham Avenue was 75 years old, and built by the old-style
destroyed by a predawn fire Tuesday, balloon construction, with beams
Mattituck Fire Chief Marty Griffin said conning up from the ground instead of
the home was fully ablaze when horizontally. "That makes it very, very
firefighters arrived around 4 a.m. It took hard to fight," he said. "The flames go
about two hours to extinguish the right up the walls,"
flames, by which time the home was Matt luck had all three pumpers, a
"fully gutted," he said. Southold police tanker, an ambulance and a light truck
said it was a summer house owned by Soon hand. . sent and Cutchogue aerial t sent t puruckmper,
Marguerite Russell. and
lamesport sent a tanker. Cutchogue and
The cause of the fire has not been Jamesport pumpers stood by at the
determined, but Chief Griffin said there Mattituck firehouse. Two Southold
are hints that it was electrical in origin. firemen were taken to Eastern Long
He said another house on the street Island Hospital for treatment of smoke
recently had power problems, and that inhalation
~~~g~FFO(~COG
APPEALS BOARD MEMBERS oy` yt
Southold Town Hall
Gerard P. Goehringer, Chairman COD 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
James Dinizio, Jr. Southold, New York 1 1971
Fax (516) 765-1823
Robert A. Villa r
Lydia A. Tortora Telephone(516)765-1809
BOARD OF APPEALS
SEQRA UNLISTED ACTIIONSDECLTARRATION January 10, 1996
Appeal No. 4357 Project Name: Marguerite Russell
County Tax Map No. 1000- 107-9-11
Location of Project: S/e corner of Wickham Ave. & Grand Ave., Mattituck, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Re-construct one-family dwelling destroyed by fire with nonconforming setbacks
This Notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental Quality
Review Act of the Environmental Conservation Law and Local Law #44-4 of
the Town of Southold.
An Environmental Assessment (Short) Form has been submitted with the
subject application indicating that no significant adverse environmental
effects are likely to occur should 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 Board 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 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.
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JUDITH T. TERRY < Town Hall, 53095 Main Road
TOWN CLERK rn W P.O. Box 1179
Southold, New York 11971
REGISTRAR OF VITAI. STATISTICS
MARRIAGE OFFICER Telephone Fax 6516) 7651800
RECORDS MANAGEMENT OFFICER I # ,yip
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS
FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK
RE: ZONING APPEAL NO. 4357
DATE: DECEMBER 13, 1995
Transmitted is a variance submitted by Wickham, Wickham, S Bressler, P.C. for
MARGUERITE RUSSELL together with Notice to Adjacent Property Owners;
Notice of Disapproval from the Building Department; Short Environmental
Assessment Form; Zoning Board of Appeals questionnaire; and other relevant
documents.
Judith T. Terry
Southold Town Clerk
0 0
LAW OFFICES
WICKHAM, WIC KHAM & BRESSLER, P.C.
MAIN ROAD, P.O. BOX 1424
MATTITUCK, LONG ISLAND
WILLIAM WICKHAM MORFGAGE OFFICE
ERIC J. BRESSLER NEW YORK 11952
ABIGAILA. WICKHAM 516-298-5300
S16-298-8353 TELFFAX NO 516-298-2012
LYNNE M. GORDON
JOSEPH C. SAVING TELEFAX NO. 516-295-8565
HUBERT F. SULLIVAN
JANET GEASA
JFFFREYSTARR December 12, 1995
Town of Southold Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Marguerite Russell
S\E corner Wickham Avenue & Grand Avenue
Mattituck, New York (1000-107-9-11)
Gentlemen:
Enclosed are the following documents regarding the above
application:
1. Application.
2. Notice to Adjoining Property Owners, together with proof of
mailing.
3. Short form Environmental Assessment form.
4. Questionnaire
5. Original and 6 prints of survey showing all existing
structures.
6. Filing fee in the sum of $400.00, to the order of the Town of
Southold.
7. Notice of Disapproval from the Building Department.
8. Two newspaper clippings.
9. Two photographs.
Since the applicant is a part-owner of the adjoining property,
1000-56-4-24, notices have been sent to all owners adjoining that
property as well.
If you require any further information, pl
Thank you. f`
Very ruly yours >
Abigail A. Wickh. « tt_ _T_.
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LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.C.
MAIN ROAD, P.O. BOX 1424
MATTITUCK, LONG 151-AND
WILLIAM WICKHAM
NEW YORK 11952 MORTGAGE OFFICE
ERIC J. ORESSLER
ABIGAIL A. WICKHAM 516-298 53 0 0
516-298-8353 tELEFAX NO. 5I6-298-2012
LYNNE M. GORDON
JOSEPH C SAVINO TELEFAX NO. 516-298-6565
.
HUBERT F SULLIVAN
JANET GEASA
JEFFREY STARR
December 6, 1995
Southold Town Building Department
Southold Town Hall
Main Road
Southold, New York 11971
Att: Mr. Tom Fisher, Senior Building Inspector
Re: Marguerite B. Russell
SCTM 1000-107-9-11
Dear Tom:
We represent Marguerite B. Russell whose house was
completely destroyed by fire several months ago. We enclose
a copy of a survey and Building Permit Application and ask
that you furnish a Notice of Disapproval for reconstruction
of the house. The house is being constructed in the same
location as the original structure, except for a proposed
addition on the west side. The front and east side yard
setbacks are intended to follow the location of the old
foundation.
Please call if you require any additional information.
Very truly /yours,
Abig` A. Wickham
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QUESTICNNAIRE
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:
(Separate sheet may be attached.)
Marguerite Russell
B. Is the subject premises listed on the real estate market for
- sale or being shown to prospective buyers? { ) Yes
( X) No. (.If Yes, plPaSP aftarh copy of "conditions" of sale_)
{ }Are5 therg as any graposals to change = alter lid cIIntc=?
{ )
D. 1. Are there any areas which contain wetland grasses? No
2. Are the wetland areas shown on the map submitted with
this application? No
3. Is the property bulkheaded between the wetlands area and
the upland building area? Yes
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction?
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? Yes (I£ 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? No If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? No If yes, please submit.a copy
of your building permit and map as approved by the Building
Department. If none, please state-
H. De you or any co-owner also own other land close to this
parcel? No If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel single family residence and
proposed use same Property
also contains pre-existing bungalow, garages and swimming pool.
G
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Autncr
1 ized Signature nd Da e
3 December 12, 1995
/87, 10/901k
§ 97-13 WETLANDS § 97-13
TOWN - The Town of Southold.
TRUSTEES - The Board of Trustees of the Town of
Southold. (Added 6-5-84 by L.L. No. 6-19841
WE TLAIMS (Amended 8-26-76 by L.L. No. 2-1976: 3-26-
85 by L L No. 6-1985):
A. 11DAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with, or which border on. tidal waters, or lands
lying beneath tidal waters. which at mean low tide
are covered by tidal waters to a maximum depth of
five (5) feet including but not limited to banks.
bogs. salt marsh. swamps. meadows, flats or other
low lying lands subject to tidal action:
(2) All banks, bogs, meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following salt hay, black
grass. saltworts, sea lavender. tall cordgrass. high
bush, cattails, groundseL marshmallow and low
march eordgr=s.=d/cr
(3) All land immediately ndjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 21. Ti-
tle 1, § 2-1-0107. Subdivisions 1(a) to 1(d) inclusive,
of the Environmental Conservation Law of the State
of New York: and
(2) All land immediately adjacent to a "freshwater wet-
land." as defined in Subsection B(1) and lying with.
in seventy-five (75) feet landward of the most land-
ward edge o( a "freshwater wetland."
9705 z-_s.as
Ia-,a1 Ivan-rail u
PROJECT I.O. NUMBER 617.21 SEAR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT /SPONSOR 2. PROJECT NAME
Marguerite Russell
PROJECT LOCATION:
Munlcimuty Mattituck county Suffolk
a. PRECISE LOCATION (Street acareso and rotor intersections, Prominent Iandmarm stn, or provide maul
Southeast corner of Wickham Avenue and Grand Avenue, Mattituck, Southold Town,
Suffolk County, New York 11952 (SCTMII 1000-107-9-11)
5. IS PROPOSED ACTION:
Moatflaation alleratfon
C Nor C Eaoanslon UY
6. DESCRIBE PROJECT BRIEFLY:
Reconstruct a residence in the same location as the residence which recently
burned.
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres 23,850 square feet
S. WILL t PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
L,J Yea K No If No, describe bristly '
Insufficient front yard setback
9, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
ICI Pestilential L' inaustnal C Commercial C Agbdulture C ParklForestopen space C Other
Descrow..
10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL
STATE OR LOCAU?
9 Yes C No if yes, list agencylsl and permiuavorovals
Building Department, Southold Town - Building Permit
if. DOES ANY ASPECT OF THE Af.TI,}V HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
C Yes ER N•- If yet !ist agency name and permn/apordval
12. AS A RESULT OOFI PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MOOIFICATION7
C Yes s: y No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Aoplicanlrsmarmor name: _ Marguerite Russell By George F. Spath A.I.F. D.,e. December 12, 19 )5
p
!Signature: If tion is in the Coastal Area, and you are a state agency, complete the
astal Assessment Farm before proceeding with this assessment
OVER
(Continued on reverse side)
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environmental review will Le made Ly this hoard
before any action is taken.
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts Of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant. -
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? Yes IND
2. Will there be a major change to any unique or
unusual land form on the site? _Yes V NO
3. Will project alter or have a large effect on /
an existing body of water? _Yes ? No
4. Will project have a potentially large impact on
groundwater quality? _Yes VINO
5. Will project significantly effect drainage flow /
on adjacent sites: _Yes /No
6. Will project affect any threatened or endangered /
plant or animal species? _Yes V /No
7. Will project result in a major adverse effect on
air quality? _Yes III-No
S. Will project have a major effect on visual char-
acter of the community or scenic views or vistas /
known to be important to the community? Yes _No
9. Will project adversely impact.any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical /
environmental. area by a local agency? _Yes _No
10. Will project have a major effect on existing or
future recreational opportunities? _Yes VINO
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems?
_Yes ~No
12. Will project regularly cause objectionable odors, _
noise, glare, vibration, or electrical disturb- -
ante as a result of the project's operation? _Yes _No
13, will project have any impact on public health
or safety?
_Yes ? No
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year Yes ,No
period or have a major negative effect on the
character of the community or neighborhood?
15. Is there public controversy concerning the
project? -
j~C
. / G' _Yes ? No
?reparer' : ~
s Signature
G/ r
Representing: C4,UEK 'C /-.'USSEc December 12, 1995
ZRA 4/95 Date:
' LAW OFFICES
WICKHAM, WICKHAM & BRESSLER, P.c.
MAIN ROAD, P.O. BOX 1424
MATTITUCK, LONG ISLAND
WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE
ERIC J. BRESSLER
ABIGAILA. WICKHAM 516-298-5300
516-298-8353 TELEFAX NO. 516-298-2012
LYNNE M. GORDON TELEFAX NO. 516-298-8565
JOSEPH C. SAVINO
HUBERT E SULLIVAN
JANET GEASA
JEFFREY STARR December 12, 1995
Town of Southold Board of Appeals
Town Hall DEC 3
Main Road
Southold, New York 11971
Attn: Linda Kowalski
Re: Marguerite Russell
S\E corner Wickham Avenue & Grand Avenue
Mattituck, New York (1000-107-9-11)
Dear Linda: Cr
Enclosed is the orj inal receipt for Certified Mail for
proof of mailing the Notice to Adjacent owner in connection
with the above referenced matter. The full set of papers
were delivered to the Zoning Board earlier today.
Very truly yours,
Madeline Haas
Legal Secretary
ms