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HomeMy WebLinkAbout4365 L„cw s -rseat;..` std ~y E AI-O %_.`/-/If a~/: / / o~~$UFFO(,~coG APPEALS BOARD MEMBERS '~A c Southold Town Hall Gerard P. Goehringer, Chairman ,fz'y, T 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 OF THE BOARD Appl. No. 4365 - JOSEPH A. POTTGEN. This is an application for a variance based upon a disapproval issued under Article XXIII, Section 100-239.4B by the Building Inspector dated 2/8/96 for a building permit to construct a rear deck addition within 75 feet of existing bulkhead. Location of Property 550 Blue Marlin Drive, Southold; County Tax Map Parcel No. 1000-57-1-27. WHEREAS, a public hearing was held on March 6, 1996, at which time all persons who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100-239.4B of the Zoning Code for the location of an open deck addition in a rear yard area, proposed at between 50 and 52 feet from the existing bulkhead, all as shown on a copy of a map, as sketched to show the proposed setback. The original survey was prepared by Hawkins and Webb, Surveyors, dated May 1966. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 57, Block 1, Lot 27, and is known and referred to as Lot No. 6 on the Map of Southold Shores. 3. This parcel contains a total lot area of approxinately one-half acre, and is improve3d with a one-story frame dwelling built by a previous owner in about 1968. 4. For the record, Section 100-239.4B of the. Zoning Code was initially adopted under "Local Law #4-1985 Section 100-119.2B" pertaining to building setbacks from water bodies, and readded on May 17, 1988,(after removal (printer's error) during an amendment for about six weeks) under Local Law #15-1988. Page 2 - Appl. No. 4365 Matter of JOSEPH A. POTTGEN Decision Rendered March 6, 1996 5. Article XXIII, Section 100-239.4B (re-numbered from 100-119.2B on January 10, 1989 under the Master Plan revisions) continues to require that all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which are adjacent to tidal water bodies other than the Long Island Sound, to be set back not less than seventy-five (75) feet. The exception to this requirement is shown to be when new construction is located landward of existing building(s) on the lot. 6. In viewing the history of permits and existing buildings in this waterfront community, the following information was found (preexisting of the subject code provision unless otherwise noted below) : a) CTM Lot #29 (Kelly) 53' setback (1992 variance issued); b) CTM Lot #30 (Mesbah) - (no variance needed per building permit issued in 1988); c) CTM Lot #33 (Burke/Weitman) deck at 50+- feet (no variance needed); d) CTM Lot #34 (Pacifico) - setback 48+- feet (no variance found for bulkhead setback; building permits found of record issued under code at that time); e) Lot #34 - 50+- ft. to outside edge of bulkhead. 7. The Board of Southold Town Trustees has issued a Waiver under the Wetlands Regulations of the Southold Town Code at its September 28, 1995 meeting for a 1,000 square ft. deck. 8. It is the position of this Board in considering this application: (a) the relief requested for a setback at 50, 51 or 52 feet is not the minimum necessary to afford relief, and the alternative is more reasonable under the circumstances of the area; (b) the setback granted is substantial at 22 feet less than the requirement, or 29%; however, this setback is similar to those generally existing in the neighborhood, as noted above; (c the variance requested is not self-created; (d) the relief, as alternatively granted, will not create a substantial change in the character of the neighborhood along this bulkhead and waterway, and although there will be a minor visual effect, there will not be an adverse detriment created in the neighborhood or district for the type of construction (restricted herein for an open deck); Page 3 - Appl. No. 4365 Matter of JOSEPH A. POTTGEN Decision Rendered March 6, 1996 (e) it is not uncommon for an owner to request a setback variance when homes were built prior to the enactment of the law under consideration; (f) the relief requested will not cause a substantial effect on available government facilities since the addition is restricted to "open deck" construction, retaining its single-family residential character in this residential, waterfront community; (g) the benefit to the applicant is greater when weighed against the health, safety and welfare of the community; (h) in view of all the above, the interests of justice will be served by denying the relief requested, and alternatively granting other relief, as noted below. Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, to DENY the relief requested, and to GRANT ALTERNATIVE RELIEF for a setback at not less than 53 feet from the closest point between the proposed deck at the rear of the dwelling and the bulkhead. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Tortora. This resolution was duly adopted. lk GERA P. GOEHRINGER, CHA MAN TDILEs7 BY , TCV,"I 0' Town r • 1Ly~~gUFFO( • APPEALS BOARD MEMBERS c < ` Southold Town Hall Gerard P. Goehringer. Chairman co'„ 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio. Jr.a0j ~a0 ~ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lvdia 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, 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, MARCH 6, 1996, commencing at the times specified below: 7:30 p.m. Appl. #4353 (A R B) - ESTATE OF LORETTA SENKO. The applicant has filed two applications based upon the December 11, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to construct a one-family dwelling on vacant land for the reason that lot is nonconforming in lot size and has been held in common ownership since July 1, 1983: Application A: An area variance is requested under Section 100-25 (and 100-24) based upon a claim of practical difficulties in the event a waiver is not granted under Section 100-26. The subject lot is shown to be adjoining another lot in common ownership improved with a single-family dwelling on a 15,857 sq. ft. (See proposed Set-Off map dated Nov. 13, 1995, amended Feb. 12, 1996.) Subject parcels identified as County Tax Map Parcels No. 1000-104-4-10 and 11 at Sterling Road, Nassau Farms, Cutchogue, NY. Application B: A waiver is requested under Section 100-26 for the lot as created by deed dated 2121/58 at Liber 4432 page 170, and further deed dated 9/24/90 at Liber 11155 page 543, for parcel containing 20,297 sq. Page 2 - Legal Notice • • Regular Meeting of March 6, 1996 Southold Town Board of Appeals ft. in area and 100.0 ft. along the south side of Sterling Road, at Nassau Farms, Cutchogue, identified as County Tax Map #1000-104-4-10. 7:45 p.m. Amended Appl. No. 3649 - CHRISTOPHER CONNORS. This is an application for a variance based upon a disapproval issued by the Building Inspector dated 2/8/96 for a building permit to construct single-family dwelling with an insufficient front yard setback, Article IIIA, Section 100-30A.3, and subject to obtaining approval from the Southold Town Trustees and other appropriate agencies, concerning premises known as 350 West Drive, Southold, NY; County Tax Map Parcel No. 1000-59-5-29.3. 7:55 p.m. Appl. No. 4364 - BRUNO A. KAWECKI. This is an application for a variance based upon a disapproval issued under Article IIIA, Section 100-30A.4 (100-33) by the Building Inspector dated 2/14/96 for a building permit to construct one-story accessory garage in a side yard at premises known as 605 Knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-8. (Location in a rear yard with a 15-ft. setback is required.) 8:00 p.m. Appl. No. 4365 - JOSEPH A. POTTGEN. This is an application for a variance based upon a disapproval issued under Article XXIII, Section 100-239.413 by the Building Inspector dated 2/8/96 for a building permit to construct a rear deck addition within 75 feet of existing bulkhead. Location of Property 550 Blue Marlin Drive, Southold; County Tax Map Parcel No. 1000-57-1-27. 8:10 p.m. Appl. No. 4366 - THERESA KILDUFF. This is an application for a Waiver under Section 100-26 of the Zoning Code, based upon a disapproval issued under Section 100-30A.2 and 100-31A(1) dated 2/15/96 for a building permit to construct a single-family dwelling on the grounds that this is one lot (and only one dwelling is permitted per lot). Property referred to as Page 3 - Legal Notice • • Regular Meeting of March 6, 1996 Southold Town Board of Appeals Lot G on the "Map of Lots of Raymond T. Graham" shown on survey dated March 27, 1957, and containing 20,000 sq. ft. in area is shown to be in common ownership with Lot B, also containing 20,000 square feet. Also referred to as part of Lot Nos. 56-59 on the "Map of Nassau Farms, County File #1179. County Tax Map Parcel ID No. 1000-104-2-3 (shown for 30+ years on separate assessment property cards as 98-1-22 and 104-2-3). 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: February 16, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x • FORM NO_ 3 • T Z ~s 0 p V4 / 1~/0 • TOWN OF SOUTHOLD BUILDING DEPARTMENT "r1 ft ' g SOUTHOLD, N_Y. luI' I, NOTICE OF DISAPPROVAL DATE. FEBRUARY .8.,..1.9 . 9 . 6 To ,..JOSEPH A: POTIGEN 550 BLUE MARLIN DRIVE SOUTHOLD, NY 11971 PLEASE TAKE NOTICE that your application dated FEBRUARY_5... 19 96 for permit to CONSTRUCT A REAR DECK ADDITION TO AN EXISTING ONE FAMILY DWELLING at Location of Property 550 BLUE MARLIN DRIVE SOUTHOLD House No. Street Hamlet County Tax Map No. 1000 - Section ...57...... BLOCK LOT 27..._... Subdivision Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds UNDER ARTICLE XXIII SECTION 100-239.4E PROPOSED CONSTRUCTION WILL BE WITHIN 75 FEET OF AN EXISTING BULKHEAD. ACTION REQUIRED BY THE ZONING BOARD OF APPEALS - ALSO TOWN TRUSTEES 1 11 RV 1/80 Building InsP for tonnnrlo., /~3 SETS OF I'L.1t1S IOWN OF SOU 1110LO SURVEY 13IJILDING0FPARiMFNT CIIECK TOWNHAI_I_ /sFI'f IC polill SOU 11101_D, N.Y. 11971 751_.:705-1802 1:DTIF't 77//~ CALL . / C:~ v' . 1_eaniin ed 19 HAIL TO: I N -'_'_o . . . PProvcd . 19 I'e.rmi . . arc ("lidding Inspector) APPLICATION FOR BUILDING PF11PAIT INSTRUCT IONS a. Ibis application must be connplelely filled in by typewriter or in ink and sumnilled to the Building Inspector, wilh 3 sets of plans, eccunale. plot plan to scale. Fee according to schedule. b. Plot plan showing localion or of and or buildings on premises, relationship to adjoining premises or public stieels or areas, and giving a delknHed description of layout of properly nmsl be drawn on the dingt.vn which is pant of this appli- calinn. c. The work covered by this application may not be commenced before issuance of Building Permil. d. Upon approval of this application, (lie Building Inspector will issued a Burbling Permit to the applicant. Such pennil shall be ke.pl on (lie premises available for inspection Iluoughoul the work. e. No building shall be occupier) or user) in whole co in prat for any purpose whatever until a Certificate of Occupanry And have heen granted by the Building Inspector. AI'l'LICAI ION IS HEREBY MADE to the Building Department for the issuance of a Building Pennil pursuant to the Building Zone. Ordinance of (lie. Town of Southold, Suffolk Counly, New York, and other applicable Laws, Ordinances or )tegula(ions, for the construction of buildings, additions or allera"ons, or for remov, or ennolilion, as herein described. I he applicant agrees to comply with all applicable laws, ordinane ulkTo c c n A code, and regulations, and to admit authorized inspe.clors on premises and in building for nece lql~ . ary ilL c r _ns . (y4iv < tun . apt , or name f a corporation) set) 10~GQ 13 (ilail.h address of applicant) IIC711 Slate wheth r alplicant is owner, lessee, agent, architect, engineer, general contractor, eleclrician, phr"dwr or builder. 7 T Name of owner of premises (as on lie tax rn~ or la Is r, test creed) If applicant is a cmporefion, signalure of duly authorized officer. (Nallm and title of corporate oflicer) Builder's License N(P',4...-5 I'lumhcr's License No . . Electrician's License No . . Olhrr IlNde's License No. . 1. Loc,alion of land on which proposed work will be done. Ilouse Number Slicer Ilamlel i Counly lax Map No. 1000 Section . - . S ISlock Lot .....J-7. Subdivision Idled Map No. w Lot . (Name) , some existing use and occupancy of premmkes and intended use an/doeeupancy of proposed constnrelion: a. Fxisfiug use and occupancy ..LN'.r'1.... /h''e!?. (_/I W.' .II. 1~:.~ . h. Infrud'-d ncr and ncnrparv'V -1-V j .c._........ . f~ J. N,luuc of work (check whlcll appliCW: New Building Addiliol ~C~-(1.. Alteration ' . Itcpair Removal Deoloiilion Other 1Vork 4. (Description) 7Qd . L stinuiled Cost ' . Bee . (lo be paid on filing this application) 5. If dwelling, number of dwelling units hh"Aber of dwelling nails on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . . 7. Dimensions of existing stnlclures, if any: front Rear ...~,q. Depth Ilciglll Number of Stories 61l . . . . . . . . . . . . . . . . Dimensions of allle structure with ;Ilterelio is or • do}' Ions: Lroul 6 . it 1. , Rear . . y De th L . Cal . I +....~I Ileigh( Z~-k-, . Number of Stories . 8. Dimensions o entire new conshllclion: Front .4~.......: Rear . 54 DepIhVl~Ri4, I 1(. I 2L 114111 Number of Stories / Size of lot: Front /13,91 Rear ....D.Q ! De lh . 10. Date of I'mcllase I a~~ 7./31.1g 4 Nam4 of Former Owner ..K.~.<Z~S wP.o p . 1 1. Zone or Ilse district in which premises are situated 5: 1-444) , , . 12. Does proposed canslrmaton iolale an 7 y zoning law, ordinance or regutalimucke. ~t.1hrer ..f' l ~ IQ1 I~dS es 13. will lot be regraded N~' \011 excess fill be removed from (remises: Yes No I d Name of Owner of premises . . . . . . . . . . . 07T 06 ivy 1 Address rU. Jy t.~lp Phone No. 7. 6_(-r. C.I.. Name of Architect S 1 .,7. _ Alidsess~({.....t?.'f'~',,.kL~ Phone No . . Name of Contractor . Phone No. . . ..............Address . 5. Is thJs properly within 300 feel. Of a tidal 9 " " " " " • . werlend'• *Yes........ No......... *if yes, Southold Town 't'rustees Permit. may be required. PLOT DIAGRAM Locale clearly and dislinclly all buildings, whether existing or proposed, and. indicate all set-back dimensions from oIoperty lines. Give street and block number or description according to deed, and show Wet names and indicate whether olerior or corner lot. VATG OF NEW YORK, 'OUN'fy OF S.S hems duly sworn, deposes and says that he is the applicant ( ame of individua s~g coilhac() have named. Icislhc . (Contractor, agent, corporate officer, etc.) I' said owner Or owners, and is duly authorized to perform or have performed the said work and to make and file this pplication; [hill all statements contained in this application are We to the best of his knowledge and belief; and that the 101k will be performed in the mannerset Will in the application filed therewith. wail to before me this n V1. blvjj 4.4 day of. ~ df HN S. SANTORA s/V~/sI /A/~ a ~1 alalY public, NOTAR PUBLIC, 9aI8 of New York ~(.LA'.,4' Y~ ~J,~ No. ^0-4914018. • . County . Qunlaio4 1 Nas„' v .illy C9mm~ssmn E.9ires j v wwoj AryncJ naneN w peappnjA i 5109141 0f ON 9+oA ^`oN O YS'JOtllsd AYVlOfI (Si 113111 rt. V801NV Of applicant) / 5 'S NMI] 15v '6;zeci-) ORCEMD F'. 3 1 5 19% TOWN OF SOUTHOLD, NEW YORK Town Clerk Sarthakl _ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ZIJ DATE .....°/..`'yb.... TO THE ZONING BOARD OF APPALS, TOWN OF SOUTHOLD, N. Y. e of 1, (We)~~t).5.... .C7.....T..f.:.....,.....of 1.i ame of pAppellant Street and Number ..............lI..7Q.).. N.....,.......HEREBY APPEAL TO Municipality St e THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED ....F.~s3.....57../..9.01/4 WHEREBY THE BUILDIN INSPECTOR DENIED T _tj IV Na a of Applicant f_orermit ` Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ...j: L Street /Hamlet / Use District on Zoning Map District 1000 SectionS,Block I Lot ....d.Current OwnerjU~ - .._.......__........._.._on'.-....._ . ? fj < 1 6 6tj Map..No... Lot N...o. 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 XXlll Section 100 -231y 13 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal as not) een made with respect to this decision of the Building Inspector or with respect to this Y. 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 A Variance to the Zoning Ordinance is requested for the reason that Fonn ZBI (Continue on other side) MAW. REASON FOR APPEAL Continued OIo11111QG rf'r9iJ Ilta . 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because :T7~- tuoujj 14,0j- le-)Iow d ~C U c e 2 Np 1M~ a -'I y 6 bo R,- A -e5 1),,pe Vi ic~ve~y ,2e~4ilr~ ~o 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 I- 0 s q7 (Lo If e- r. 14-1 "2 A204-5 OP TA70~c IleoA 0- ~ r~ ~l~bo2h~~ . rus~u J; al c'kIIA L/j - fog, (yLG)k: SSE A<,,d i~EP i'o?- 4_t2_P1T101J,e'- :-PJ_O, 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because e G~ y e s r9v d d~ R?tie d-v e i s~'f P l u# )-,I s v R orsu N~ to ,6-tzpe e - i`~`e &4~ - cot-- ~ ,j~ o he1I N D cl N(1-44'0'~v~ ~A rr .0 i'11r~ M~-S /JP4~ Wa ~N~~1~1ed f N B t~ y IN.A~, s (~r~er 0(-L jV(Z?`t STATE OF NEW YORK ss COUNTY OF--S"~~~K ) lure Sworn to this y day Lof.......1Y(~;:c F..... y Notary ublic LM DA J. COOPER Motary Public, State of New York No. 4822563, Suffolk County F6 T,~,n -xpires December31, 10 TOWN OF SOUTHOLD PROPERTY RECORD CARD ~J OWNER Y STREET VILLAGE I DIST.I SUB. LOT - Jo ~SQL O ME OWtIER N E ACR. hn A, ~xhlC,LLc 1. x tA).F S W TYPE OF BUILDING ~RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS f- z 'z 4 J/ ~ 8 ~ - ~ti r7 ~,.c'_. sal AIJCl~ to ~~i2tCt.~oo 'L-~122~= h~- `.Oo _J 17/L 3i =L P737P-?73 le, rkwp rlJ fa Po '~h AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER ~Jll Brushland FRONTAGE ON ROAD House Plot DEPTH 7 BULKHEAD Total DOCK t COLOR b L -i TRIM I i d a C ~ Y 1 -I I~ Bath I I Dinette Blda i-, F dation _ y „ _r~sion , - ? Basement ' Floors f _ =rSion i Ext. Walls Interior Finish LR. l~ > i7 33 as s s (Fire Place I Heat DR. ens ion ( h Type Roof n ~r Rooms 1st Floor/ f BR. ch u y - /-d Recreation Room 611 E Rooms 2nd Floor Y. FIN. B. `h Dormer eezeway Driveway roge rtio B. - -tol ~q~P(/~V OR/vE ~ 5076 /O&lx O I ~ ti zz.vrr 958 ~ , o0 ti h ~ h O o v ro N p Ij 1 L9 O ' O 'i $iC~~~• FR.aNE th„ ~ E 91 X2.70.. C N 9.97 CyI lk4 i h (A 19 opol~,9 ~arsy Ry /GN W,446e MARK ^~J e• ~y 12-Z-66 N. Y. STATE LICENSE No. 28728 i7lED JU17am- CVUNFY AJ MAP imi PROPERTY OF ./OtiNA (A//fEF~/NEJ ,fCNIAUL%L~ BOOK NO. Z07- #6 - MAP OF Ml11W010 S11OREJ 6) ARJ/1AMQMA ( GUARANTF-ED TO: FILE No.._ d-~?r~'___ SITUATE AT J-0UFH0W THE T/FlE vUARANFf'E 6O10AAMY SUFFOLK COUNTY, N. Y. _ CHARLES S. WEBB JR. SURVEYOR HAWKINSY!~1~ B~ PORT JEF SON, N. Y. SCALE E IN. a0 FT. DATE ri'dA~ /fF4~ OATS OIi.vCl9 n S:.•v.. Ivy p1: n<M.lrv _ _ 14Pf lttAl InA•:.lrl C.I. f.ll „-_JiP V.• 1,1.:. k. COUNTY OF SUFFOLK 0 ROeERr J. GAFFNEY SUFFOLK COUNT' EXECLMVE 2Sn @ A DEPARTMENT OF PLANNING U' - 1G, .I.C. P. F 7LANNING I MAR Z Q M March 18, 1996 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Conners, Christopher 3649 (Amended) Estate of Loretta Senko 4363 Kawecki, Bruno 4364 1E-*I~ottgen, Joseph A. 4365 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:gcc C' 1WPWIN6aWP000SI ONING\WORKINGILDS\SD3649A .ZN1 220 RABRO DRIVE • P.O. BOX 6100 • HAUPPAUCE, LONG ISLAND. VV 11788-0099 • 15161 853-5190 • FAX (516) 853-404A APPEALS BOARD MEMBERS O$UFFO(,~c GG Southold Town Hall Gerard P. Goehringer, Chairman A y` ll 53095 Main Road Serge Doyen, Jr. C13 x A4 P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert Willa TeleFax phone l(516) 57651809 Lydia A. . Tor[ora BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XLV of the Suffolk County Acsninistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Caamission: XX Variance from the Zoning Code, Article XXIII Section 100-239.48 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4365 Applicant: Joseph A. Pottgen Location of Affected Land: 550 Blue Marlin Drive, Southold, NY County Tax Map Item No.: 1000- 57-1-27 Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission to construct a rear deck addition within 75 feet of existing bulkhead Copies of Town file and related documents enclosed for your review. Dated: March 14, 1996 r ~ ~~gUFFO(~-C APPEALS BOARD MEMBERS hZ~ OGy o Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. O P.O. Box 1179 James Dinizio, Jr. G~Oj .10~ Southold, New York 11971 Robert A. Vila Fax (516) 765-1823 Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 13, 1996 Mr. and Mrs. Joseph A. Pottgen P.O. Box 372 Southold, NY 11971 Re: Appl_ No. 4365 - Bulkhead Setback for Deck Addition Dear Mr. and Mrs. Pottgen: Enclosed please find a copy of the Board's Findings of Fact and Determination rendered at our March 6, 1996 Regular Meeting. Please be sure to return to the Building Department for a building permit before commencing any building activities. We have furnished the Building Department Office with copies of this determination for their permanent recordkeeping and update. Also, a duplicate of your file was transmitted as required by the Administrative Code of Suffolk County pertaining to all projects located within 500 feet of a waterway. Once the County has reviewed the file, it is expected that they will leave the determination for town approval. You may reach the Building Department at 765-1809 for a follow-up to determine if any other items may be necessary to complete your pending building permit file (and return your application to their "active" building permit request shelf). Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosure Copies of Decision to: Town Building Department Suffolk County Department of Planning f,~ • • o~~gUFFO(,~-c APPEALS BOARD MEMBERS ti~ ~Gy 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 OF THE BOARD Appl. No. 4365 - JOSEPH A. POTTGEN. This is an application for a variance based upon a disapproval issued under Article XXIII, Section 100-239.4B by the Building Inspector dated 2/8/96 for a building permit to construct a rear deck addition within 75 feet of existing bulkhead. Location of Property 550 Blue Marlin Drive, Southold; County Tax Map Parcel No. 1000-57-1-27. WHEREAS, a public hearing was held on March 6, 1996, at which time all persons who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100-239.4B of the Zoning Code for the location of an open deck addition in a rear yard area, proposed at between 50 and 52 feet from the existing bulkhead, all as shown on a copy of a map, as sketched to show the proposed setback. The original survey was prepared by Hawkins and Webb, Surveyors, dated May 1966. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 57, Block 1, Lot 27, and is known and referred to as Lot No. 6 on the Map of Southold Shores. 3. This parcel contains a total lot area of approxinately one-half acre, and is improve3d with a one-story frame dwelling built by a previous owner in about 1968. 4. For the record, Section 100-239.4B of the. Zoning Code was initially adopted under "Local Law #4-1985 Section 100-119.213" pertaining to building setbacks from water bodies, and readded on May 17, 1988, (after removal (printer's error) during an amendment for about six weeks) under Local Law #15-1988. Page 2 - Appl. No. 4365 Matter of JOSEPH A. POTTGEN Decision Rendered March 6, 1996 5. Article XXIII, Section 100-239.4B (re-numbered from 100-119.213 on January 10, 1989 under the Master Plan revisions) continues to require that all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which are adjacent to tidal water bodies other than the Long Island Sound, to be set back not less than seventy-five (75) feet. The exception to this requirement is shown to be when new connstruction is located landward of existing building(s) on the lot. 6. In viewing the history of permits and existing buildings in this waterfront community, the following information was found (preexisting of the subject code provision unless otherwise noted below) : a) CTM Lot #29 (Kelly) 53' setback (1992 variance issued); b) CTM Lot #30 (Mesbah) - (no variance needed per building permit issued in 1988) ; c) CTM Lot #33 (Burke/Weitman) deck at 50+- feet (no variance needed); d) CTM Lot 434 (Pacifico) - setback 48+- feet (no variance found for bulkhead setback; building permits found of record issued under code at that time); e) Lot #34 - 50+- ft. to outside edge of bulkhead. 7. The Board of Southold Town Trustees has issued a Waiver under the Wetlands Regulations of the Southold Town Code at its September 28, 1995 meeting for a 1,000 square ft. deck. 8. It is the position of this Board in considering this application: (a) the relief requested for a setback at 50, 51 or 52 feet is not the minimum necessary to afford relief, and the alternative is more reasonable under the circumstances of the area; (b) the setback granted is substantial at 22 feet less than the requirement, or 29%; however, this setback is similar to those generally existing in the neighborhood, as noted above; (c the variance requested is not self-created; (d) the relief, as alternatively granted, will not create a substantial change in the character of the neighborhood along this bulkhead and waterway, and although there will be a minor visual effect, there will not be an adverse detriment created in the neighborhood or district for the type of construction (restricted herein for an open deck); 0 46 Page 3 - Appl. No. 4365 Matter of JOSEPH A. POTTGEN Decision Rendered March 6, 1996 (e) it is not uncommon for an owner to request a setback variance when homes were built prior to the enactment of the law under consideration; (f) the relief requested will not cause a substantial effect on available government facilities since the addition is restricted to "open deck" construction, retaining its single-family residential character in this residential, waterfront community; (g) the benefit to the applicant is greater when weighed against the health, safety and welfare of the community; (h) in view of all the above, the interests of justice will be served by denying the relief requested, and alternatively granting other relief, as noted below. Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, to DENY the relief requested, and to GRANT ALTERNATIVE RELIEF for a setback at not less than 53 feet from the closest point between the proposed deck at the rear of the dwelling and the bulkhead. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Tortora. This resolution was duly adopted. lk 'GERA P. GOEHRINGER, CHA MAN TI:".1 OUTjOLD DATE e t' j Town Clcrk, Town o! i f V, jl~ 1~0 V e ~ ~ ~v o _ f Z .t rscsxo Irpa~LL /s~ nµ _ IQ~q'ee- nxn ea ,.,w an n.ee.a ,n u aeL n\~\a 1 k tt SQ~N e U ® x w,. T - t R..l PI. erY. OFgeU FoA9encv^ 057 j„ ca. c....V SOIOCOL . © _ _ e,~ xortur x _..n. I mi 11-- _ APPEALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Town Hall, 53095 Main Road Serge Doyen, Jr. 1 P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robe V t Piton iton f Fax (516) 765-1823 Ric Telephone (516) 765-1809 xz4' Telephone (516) 765-1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4129. Upon application of ROBERT F. and RUTH S. KELLEY for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.413 for permission to construct open deck extension (includes widening of existing stoop area). The existing stoop is, and proposed deck extension will be, located within 75 feet of an existing bulkhead at or near ordinary highwater line. Location of Property: Southold Shores Lot No. 8; 750 Blue Marlin Drive, Greenport (near Southold); County Tax Map Parcel No. 1000-57-01-29. This improved parcel is substandard in size and is located in the "R-40" Zone District. WHEREAS, a public hearing was held on October 15, 1992, and at said hearing, all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Article XXIII, Section 100-239.4B for permission to construct a 12 ft. deep deck extension as shown on the sketched prepared and submitted by the applicants The deck addition is to be located at the rear of t fisting dwelling over the present stoop area and set bac t 53 feet shown on the sketch). 2. The subject premises in question is a substandard lot, identified on the Suffolk County Tax Maps as District 1000, Section 57, Block 1, Lot 29, has a frontage of 100 feet along the south side of Blue Marlin Drive, Arshamomaque, Greenport, and 100.02 feet along the ordinary highwater mark of Peconic Bay. This parcel contains.a total lot area of approximately 24,830+- square feet. 3. The setback distances of the existing dwelling are shown to be 67+- feet from the bulkhead to the rear wall of the r Page 2 - Appl. No.•4129 • Matter of ROBERT AND RUTH KELLEY Decision Rendered October 15, 1992 existing house., The new deck is elevated approximately two (21) feet above ground el and is proposed with a 53-55 feet setback from the bulk at s closest point, the ground level deck at approximate) 40 feet rom the bulkhead. No accessory (storage) buildings a ist at e premises currently. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. The amount of relief requested by this application is a _ variance of 12 feet for the raised deck, and an additional 15 feet for the new step area and ground-level deck. 6. In considering this application, the Board finds: (a) the relief as requested is substantial in relation to the requirements; (b) the relief granted will not alter the essential character of the neighborhood; (c) the practical difficulties are uniquely related to the property and are not personal; (d) the relief granted for an open deck at the rear of the dwelling will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief as alternatively and conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Goehringer, it was RESOLVED, to GRANT relief for an open deck addition at the rear of the existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the elevated deck construction shall be not closer than 53 feet (as applied), at its closest distance to the bulkhead; 2. That this deck construction remain open and unroofed at all times (not to be enclosed in any manner); Page 3 - Appl. No* 129 • Matter of ROBERT AND RUTH KELLEY Decision Rendered October 15, 1992 3. Any structural enlargement or expansion within the 75 ft. setback from the bulkhead, or other nonconforming yard areas, will require further application to and approval by this Board under Section 100-239.4B. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GO NGER, HAIRMAN y SLUG :..`:+.26rN I),FIVE i { ~ir'i y'ote rood~~ .V. 74 °l•S ZQ ` MAP O~. L07 NO. 8 _ i_ loO.o -sto.o ScJUTNUL_D~SKO~ES" r j `Su f fo!!~ Co. niia~ ~Vo. 3853 AT TOWIJ OF SOUTNOLD, N. Y. ~ n SU2VEY60 Foe Li ; v i ; 9~ ~o8~~?r ~ TZurk S. ,1CELL~Y t--~1 ~1 O Guaron~ad to Co~n~norrrutolth ;;and T"i></F i".5vrarrce co. oa sur?eyea'Jur~e/ ;l99Z_ 2oderiek Von 7'uy/, P. C. ~ "I / Q l.iiensed Lens S~rveYars ~ ~ ~ 'Y• v. 6rterrrbort sl. Y. 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TRA 10/04/63 TRANSFER OWNERSHIP PROPERTY clty d 0j- L> o Selection: Cmdl-Prey Screen Cmd7-End Job ~~gUFFOI~-c • APPEALS BOARD MEMBERS o= Southold Town Hall Gerard P. Goehringer, Chairman c 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 March 6, 1996 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4365 Project/Applicants: Joseoh A, Pottgen County Tax Map No. 1000- 57-1-27 Location of Project: 550 Blue Marlin Drive, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct a rear deck addition within 75' of bulkhead 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 #k44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA (Section 617.13(a) as amended February 14, 1990).. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. • ~~gUFFO(,~- C APPEALS BOARD MEMBERS co Southold Town Hall Gerard P. Goehringer, Chairman W 53095 Main Road Serge Doyen, Jr. Oy • 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 l5 ~ FED 2 8 ~ ( BOARD OF APPEALS:TOWN OF SOUTHOLD LI~~L -----------------------------------x fix the Matter of the Application ` of E X CONFIRMATION OF POSTING I , rJ siding at being duly sworn, depose and say: That on the Oil eh day of f~l~ • 1996 , I personally posted the property known as "S~C7 314e NI(LViv 124. SDOi-bolol , NY" by placing the Town's official poster Notice on either a stake, fence, or other post near the driveway entrance into the property, on the applicant's property where it can be easily seen by passersby, and that the poster has remained in place at least ten (10) days prior to the date of the public hearing (date of hearing noted thereon to be held ieb 1996.) Dated: 0 Is ~~xx~q~~cc~~1996 C~ Y4 r t 'e) it ~ ~osuFFOt~-~, ~ APPEALS BOARD MEMBERS C3 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 February 20, 1996 Mr. and Mrs. Joseph Pottgen P.O. Box 372 Southold, NY 11971 Re: Appl. #4365 - Variance for Raised Deck (Bulkhead Setback) Mr. and Mrs. Pottgen: This will confirm that the above applications are scheduled for public hearings to be held on Wednesday, March 6, 1996 at 7:55 p.m. For your information we are attaching a copy of the Legal Notice as published this week in the Long Island Traveler. We previously furnished to you a poster for placement facing the road within 10 feet of the front line. After the sign has been posted for at least seven (7) days, please have the enclosed Affidavit of Posting signed, notarized and returned to us either during the public hearing, or during regular Town Hall hours between 8 and 4 p.m. Very truly yours, Ida Kowalski Enclosures P.S. As per your inquiry, we searched the records and only found variance approvals for Kelly and Pacifico. A copy of Pacifico for pool and deck is enclosed for your update. ^ 7:45 p.m. mended App'. • #3649- C STOPHER CONNORS. is is an appli- COUNTY OF SUFFOLK BOARD OF APPEALS cation for a variance based , STATE OF NEW YORK ss: TOWN OF SOUTHOLD upon a disapproval issued by the Building Inspector dated NOTICE OF HEARINGS 2/8/96 for a building permit to Joey Mac Lellan, being duly sworn, says that construct single-family dwell- he is the Editor, of the TRAVELER-WATCHMAN, NOTICE IS HEREBY mg with an insufficient front GIVEN, pursuant to Section yard setback, Article MA, Sec- a public newspaper printed at Southold, in Suf- 267 of the Town Law and the tion 100-30A.3, and subject to folk County; and that the notice of which the obtaining approval from the Code of the Town of Southold, annexed is a printed copy, has been published the following applications will Southold Town Trustees and other appropriate agencies, in said Traveler-Watchman once each week for ' concerning premises be held foreBOAR the , ldo Tow PE SOUTHOLD ALS, at the TOWN 350 West Dr e, southolt1, known NY; weeks BOARD OF APPEALS, 3 the County Tax Map Parcel No. 1000-59-5-29.3. successively, com encing on the.. a Main Road, Southold, New 7:55 p.m. Appl. #4364- da of 1 g York 1197 1, on BRUNO A. KAWECKL This ay DAY, Ratttth ~esNES 1996' is an application for a variance commencing r based upon a disapproval is- pL . fled below. ' 7:30 7:30 p.m. Appl. #41(3 (A & sued under Article IIIA, Sec- tion 100-30A.4(100-33) by the SENKOBE . ESTATE The OFLOR. hAas Building Inspector dated 2/14/ applicant Sworn to before e this........aa.......... day of filed two applications based ~ 96 forabuilding permit tocon- upon the December 11, 1995 stract one-story accessory ga- , L -t-" I rage in a side yard at premises ! Notice of Disapproval issued known as 605 Knollwood by the Building Inspector, in which building Permit applicant wicat was denied construct a a ! Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107- / ....................::-.:r I- 4~t~N. one-family dwelling on vacant 6-8. (Location in a rear yard Notary Public land for the reason that lot is with a 15-ft. setback is re- nonconforming in lot size and quired)' BARBARA A. SCHNEIDE has not been held in common, 8:00 p.m. Appl. #4365- NOTARY PUBLIC, State of IDER square feet. Also referred to as JOSEPH A. POTTGEN. York . are part No- 4800846 ownership since July 1, 1983 of Lot Nos. 56-59 on the This is an application fora vari - Qualified in Suffolk County /variance es An area "Map ofNassauFarms, County Commission Ex ance based upon a disapproval" Pins 8 31 9b based variance is requested under issued under Article XXIII, File #1179. County Tax Map Section o100-25 n a claim and practi) Section 100-239.413 by the ' Parcel 11) No. 1000-104-2-3 cal upon difficulties c in the of vent - Building Inspector dated 2/8/ (shown for 30t years on sepa- waiver is not vr is nt event a rate assessment property cards granted under 96 fora building permitto con as 98-1-22 and 1042-3). struct a rear deck addition Section n to b adj . The subject lot within 75 feet of existing bulk- The Board of Appeals will shown to m oining anhead. Location of Property 550 at saidtimeandplacehear any other lot in. common ownership Blue Mar lin Drive, Southold; and all persons or representa- improved with a 585 single-family County Tax Map Parcel No. fives desiring to be heard in the dwelling a 15,857 sq. ft. I above applications. Written (See proposed Set-Off map ' 1000- comments mayalso be submit- F dated eb. 122, , 199 199 3, 1995, amended 8:10 0 P.M. LDUDUFF. . This This ted prior to the conclusion of Feb. 6). Subject parcels THERESA KH the subject hearing. The above- identified as County Tax Map is an application for a waiver hearings will not start before Parcels No. 1000-104-04-10 under Section 100-26 of the the times designated, and are and t1 at Sterling Road,1 Zoning Code, based upon adis- in addition to other hearings. It' Nassau Farms, Cutchogue, approval issued under Section is recommended that the file(s) NY. 100-30A.2 and 100-31A(1) be reviewed before the sched- Application B: A waiver is dated 2/15/96 for a building uled date of the hearing for up- r I requested under Section 100-26 Permit to construct a single- dates or new information. If 2 6 r, V F? for the lot as created by deed family dwelling on the grounds you have questions, please also L5 dated 2/21/58 at Liber 4432 that this is one lot (and only one do not hesitate to call 765- ' I I page 170, and further deed dwelling is permitted per lot). 1809. dated 924/90 at Liber 11155 I Property referred to as Lot G Dated: February 16, 1996 2 310 page 543, for parcel containing on the "Map of Lots of BY ORDER OF THE 20,297 sq. ft. in area and 100.0 Raymond T. Graham" shown SOUTHOLD TOWN ft. along the south side of Ster- on survey dated March 27, 1957; andcontaining 20,000sq. BOARD OF APPEALS ling Road, at Nassau Farms, GERARD P. Cutchogue, identified as ft. in area is shown to be in GOEHRINGER, Chairman County Tax Map#1000-104 4- common ownership with Lot By Linda Kowalski 10. B, also containing 20,000 IX-222/96(7) NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: S~ Q © DATE OF PUBLIC HEARING: 70*00 PA *(,OEa. PAptpCti 6 JW4 If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS 9 TOWN OF SOUTHOLD • (516) 765-1809 gpFFO( OHO C~G~ <s JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK CIO Z P.O. Box 1179 .y. Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O MARRIAGE OFFICER 4 0! Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER ~j Telephone (516) 765-1500 FREEDOM OF INFORMATION OFFICER p~F}OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: February 15, 1996 RE: Zoning Appeal No. 4365 - Joseph A. Pottgen Transmitted herewith is Zoning Appeal No. 4365 of JOSEPH A. POTTGEN for a variance. Also included is: Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, dated February 8, 1996, with copy of application attached; copy of Waiver from Southold Town Board of Trustees; copy of tax map; additional information concerning Blue Marlin Drive projects; Short Environmental Assessment Form; ZBA Questionnaire; and plans. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPALS, TOWN OF SOUTTHOLD, Np. Y. ~(p~~ (We)'Ji5(~.yJ~~Cl..... JR:....~~1jj~14..~sIK...... of -N1, o... ).~'L....f;~".l .'gj...5~(Z Name of Appellant Street and Number 2 ..1.1 .......1 ..,.......HEREBY APPEAL TO Municipality St e THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED ....E.e.,... WHEREBY THE BUILDIN INSPECTOR DENIED T R.:.0~~g.~? Na a of Applicant for ermit I I Street and Number ) PERMIT TO USE Municipality State ( ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY Ijf/;l!.f.? (!1 ,.........SJ/~ LJ............ Street /Hamlet / Use Di trict on Zoning Map District 1000 Sectionsf Block I Lot of ...Z.Current Owner f7,~:, ? < TGc N MaP 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 'XXlll Section 100-0139, `I 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal as not) een made with respect to this decision of the Building Inspector or with respect to this y Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Doted REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( A Variance to the Zoning Ordinance is requested for the reason that Form ZHI (Continue ) on other side REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because tl N o /v~~~v w e u c e 4-~2 9-s v~ y vi Q i y C~ by rzs o . T/ 2 (A"eo-l JIkQj?ke-s /).re uN19ve,1y Izelo-W ,&-PJ lo- z e no i- DSO ~ 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 V4as (L l ~e 2v GQ~I c=~~s o (z m~8~~ i ~ r o ~ ~ ~P j~,~ R- ess C,hbo21700d . FOP- 4-12P17-100,0- The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE 3. CHARACTER OF THE DISTRICT because wou)'A i::~e?~~~ ~t 1~ ~ S'I >M=t I,8- R G~ N Sd-rW~~~ o ~w~ r.~roD~ ~ r,Q h o d- s v lt-R-v u j T ~n ,d (Le,9 `e de_4~- co t j V l 7 o 6'1 11 ~~e rMm N 0P&+1 t lov ed ~d ,01l A rAe-S f e r4&j oAed s k"ej aR L(7 ?^1 STATE OF NEW YORK ) ss COUNTY OF g'r "-K ) lure ~5.. i Sworn to this doyLof.......L~-~(....... 19 Q6 Notary ublic LINDA J. COOPER Notary Public, State of New York No. 4822563, Suffolk County Term Expires December 31, 10- BOARD OF APPEALS. TOWN OF SOUTHOLD In the atier o the Petition of 1C7 0-1i NOTICE v TO to the Boar of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN 1401 ICE: 1. That it ' intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a rian-c e pecial Exception) (Special Permit) (Other) [circle choice) 2. That the property which is the subject of the Petiti n is loc ted adjacent to your p operty and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: a That by such Petition, the undersigned will request the following relief: e <III tbo - -i JC-fi jL it n ! c~~~ T 5..`-TThaatt the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article J(,A-1) 1 Section / ~d - Q23 q7 [ ] 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 anld/be~rheard at such hearing. Dated: _A/ *0 v~1'we _-rj sd P / 112 2/ Tel. No. 76(~J ~ f7 .~ilwLs~~D~ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] r. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS P 226 1.83 134 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse nt to U 5 Street & Number lL'4a~Tue la ~@ Poe`.vstor,y ZIP cage ?q? Postage $ Certified Fee _ Special Delivery Fee Restda <I N ' rn R _ D Rmei townom' te,&Pddr ass W 0TAL Po es , M os mor ae ti LL € F~'b 1~~ T A STATE OF NEW YORK) ss.: COUNTY OF SUFFO R (P LK) f Q~ I j~ ~IJ residing at " ~fo 1 ~t N V(C Si7 f J being duly sworn, deposes and says that on the day of 19 deponent mailed a true copy of the Notice set forth on the re- verse stde 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 oil of the Town of Southold; that said Notices were mailed at the United States Post Of- 15cr, that said Notices were maile to each of said persons by certifier (capafters~mail Sworn to efore me this /Y_ld day ofc~ . ; 19 G i Notary Public / LINDA COOPER Notary Public, State of New York Nu. 4322563, Suffolk County Tenn ?,;t,;ves December 31, 19! ° . x (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter the Pfdil of l a„„_ NOTICE Vii' TO to the BoardYof Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER I YOU ARE HEREBY GIVEN NOI 1. Tha rs t t intention of the undersigned to petition the Board of Appeals of the Town of Southold to request. ariance) Special Exception) (Special Permit) (Other) (circle choice) 2. That the p opertyw_hich is the subject of the Petition is I ated adjacent to yo property and is des- cribed as follows: 0 An (,Lj hi L 3. That the property which is the subject of such Petition is located in the following zoning district: J that by such Petition, the undersigned will yrequest the followin relief: DjaAL. h1Z101 1AKf)I ca t.~ 190. L e 5. That the provisions of the Southold Town Zoning Code plicable to the relief sought by the under- signed are Article y f if Section 140 -a39 [ ] 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 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: Petitio r 1-~ C U i tsl2 n Own s m e s : 1-i 77-D P ffice Tess Tel. No. ( ) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] 4 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS P 226 183 135 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for international Mail See reverse Sentto (r )d_nC e Street & Number Y4-) - Po State &ZIPCode ~35r~ a - ,3 a F ery Fee ;1 livery Fee N ~ gJk~es $ N ,D 11~1ti 4orD a STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) j~ t ( c. tj residing at f O N J 1 , n') N Uf rJO J~ tl'f d; v y being duly sworn, deposes and says that on the _4q_ day of 19 , 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 ssessm9.71y f the Town of Southold; that said Notices were mailed at the United States Post Of- fice at u that said Notices were maile to each of said persons by (certified) (registered) mail. Sworn te me this day ofo tefor 19 c, P~ Notary Public LINDA J. COOPER Notary Public, State of Now York No. 4822563, Suffolk County Term Expires December 31, J~ v (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS. TOWN OF SOUTHOLD In the atter o to Pftjt[gn of NOTICE TO to the Boar of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request Variant (Special Exception) (Special Permit) (Other) [circle choice) 2. That the property which is the subject o the Petit' n is Iota ed adjacent to your property and is es- cribed as follows: ° Ott AJ ll _ 3. That the property which is the subject of such Petition is located in the following zoning district 4 That b~ such Petition, the undersigned will requeest, the folio ing r lief: ~Q XI/ ki o -4 ti 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article 111 Section leo - r;t3,:9 73 [ ] Section 80-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: ?et 'Names. ?e e ress ~u Tel. No. ( ) [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRESS P 226 183 133 us Postal service Receipt for Certified Mail No insurance coverage Provided. Do not use for international Mai See reverse Sgnyto IN a Nvrroeri Po ice, Staff, a~IPOCod I tcl7 I Postage $ Certified Fee Special Delivery Fee - Restricted D N Ret .:1 t ive a eceo a Addr O LP as $ osark or 0 11~~ m o_ STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) c ~ J ?121-7 P - residing at "S6 l~ lyG~ I~I,~LI t 4 W - I being duly sworn, deposes and says that on the A he of 19 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to cacti 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 (/~~I o(t a Town of Southold; that said Notices were mailed at the United States Post Of- fice at V %~D ~J -1 that said Notices were mailed to each of said persons by (certified) (registered) mail. ~ Sworn to before me this day of 19 Notary/Public Notary P blic, State of Now York No. 4822563, Suffolk County ~L Term Expires December 31, 1tJ L* r (This side does not have to be completed on form transmitted to adjoining property owners.) The N.Y.S. Environmental Quality Review Act .-equires submission be this fora, and an environmental review will ue made Ly this ~Oard before any action is taken. SHORT ENVTRONMENTAL ASSESSMENT FORM INSTRU=S. (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 comnleted 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 o£ land? ' - _Yes JI NO 2. Will there be a major change to any unique or ---666------"` unusual land form on the site? Yes No 3. Will project alter or have a large effect on 1" an existing body of water? ' _Yes ,X No 4. Will project have a potentially large impact on 7'^ groundwater quality? Yes ~No 5. Will project significantly effect drainage flow on adjacent sites? ~y ' _Yes Y\No 6. Will project affect any threatened or endangered plant or animal species? _Yes ~No 7. Will project result in a major adverse effect on air quality? _Yes ~Np 8. 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 ~C NO 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _YeS ~Np 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance 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 period or have a major negative effect on the --YesN° Character of the community or neighborhood? 15. 'S th ub lic on r"s ncernin the prof ct? g _Yes ~No Preparer's Signature Representing: i ZSA 9/75 Date• ta.,G+ 0871-7ext ,z SEAR 617.21 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 12. PROJECT NAME 1. PROJECT LOCATION: County Mumci arllry t. PRECISE LOCATION (Street address and road inte eactlons, oromment landmalxa, etc- or provide moot 5. IS PRROPOSED ACTION: Cl N. ? Expansion ? Modlflutionlatteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Imnain, acres Ulllmately acres 6. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yes ? No If No. describe onstly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Q Residential Lr Industrial C] Commercial ? Agriculture Q ParWForestlOpen space Otner Describer 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNOING. NOW CR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCALJ? LJ Yes ? No if yes. list agency(s) and 04INnIV3pPMWI13 it. rODES ANY ASPECT OF THE APT1.;N HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? L: Yes ?N^ It ye_. oiat agency name ono perm,uapproval tz. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ? Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Datc. Applitantlaponsor name: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) QUESTIC..NTAIRE 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-zay he attached.) i s L i t ~1 2 - s ~ )-err-r'rr c, w, i N ,c 2 B. Is the subject premises listed on the real estate market foe sale le or being shown to prospective buyers? { } Yes } No. (Sf Yes, pleas,- attach =up of "condit-Jon s" of sale-) C. Are there any proposals to change mr alter land ecnt~ ss? ( } Yes W No D. 1. Are there any areas which contain wetland grasses? L 2. Are the wetland areas shown on the map submitted with this application? -/~&.~yy 3. Is the property bulkieaaed between the wetlands area and the upland building area? ~4e5! 4. If your property contains w tee lands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? T,e~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? -11- ,qz- (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fens which exist and are not shown on the survey man that you ;;r- submitting? If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? N,{_ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? If yes, please explain whet of deeds. e or submit copies I. Pleas lis-r pr se.t use or operations conducted at this parcel i~es QF.N~ ~n.u P and proposed use T u • o Zzed i . re and Dace 3/8 10/901k § 97-13 WETLADIDS § 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 LI-UMS (Amended 8-26-76 by L.I. No. 2-1976.3-26- 85 by TI No.6-1285k TIDAL 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 ocher 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. marsh-11 w and low march rardl;==and/or (3) All land immediately adjacent 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 24, Ti- tle 1, § 2:-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 S(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 :.;s•as Albert J. Krupski, President ~O 'Town Hall John Holzapfel, Vice President 53095 Main Road William G. Albertson : P.O. Box 1179 Martin H. Garrell ~O .te Southold, New York 11971 Peter Wenczel Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 29, 1995 Joseph A. Pottgen 550 Blue Marlin Drive Southold NY 11971 Re: SCTM #57-1-27 Dear Mr. Pottgen, The following action was taken by the Board of Trustees at their regular meeting of September 28, 1995: RESOLVED that the Southold Town Board of Trustees approve the request for a Waiver to construct a 1,000 s.f. deck as per plans. Located: 550 Blue Marlin Drive, Southold. If you have any questions, please call our office. Very truly yours, Albert J. Krupski, Jr.~L[ President, Board of Trustees !Pl,~ FEf~ - 5 ~co6 AJK/djh cc. Bldg. Dept. _t4rvo ~tr'i;~,,. CAC r ~y ~i r ~ i y ' ~ p i '~4i~'.i ~ , ~rt rr ~rl ~ r~. ' r,~;.f MVy. ~-~14_~':~ ~d.Vl r V J YJ..M11k (J'LLiCi Nti q ~ ~ ~ ~r~~~l y Ca ten FY,? - -'._l^_„- I fflO nr aC._rl''ro ~ ~ ~ yy ~ d~. ~ r ~ n • 'V ~ jJ~ 4 1 rr ~ o ~ r; ~ ~ ~ y, l WPM' f' mpx.vy ~ ~ijlt~c.~ i"." 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