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Home My WebLink About4347 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dirdzio, Jr. Robert A. Villa Lydia A. Tot-tom BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS Southold Town Hall 53095 Ma/n Road P.O. Box 1179 Sou[hold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, DECEMBER 6, 1995, commencing at the times specified below: 7:30 p.m. Appl. No. 4353 HELEN RUTKOWSKI. This is a request, based upon the November 15, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant was denied a building permit to add a second story and to convert existing boat facility-accessory building to single-family dwelling use due to prior restrictions under ZBA action #2032 dated 5/1/75 and #1954 dated 2/27/75. Location of Property: 1025 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-7.2 (and 28.16). Zone District established 1/9/89: R-40 Residential. 7:32 p.m. Appl. No. 4352 - PHILIP GIOIA. This is an appeal based upon the November 3, 1995 Notice of Disapproval from the Building Inspector in which applicant was denied permission to construct garage Page 2 of 3 - Legal ~btice of Hearings Regular Meeting of December 6, 1995 Southold Town Board of Appeals based upon Article IIIA, Section 100-30A.4 (ref. 100-33) which requires a rear yard location. Subject premises is substandard in size and is virtually all front yard due to the existing rights-of-way. Location of Property: S'buth Side of Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-6-27. 7:37 p.m. - Continued from 11/8/95: Appl. #3451 - EDWARD AND JEAN ZUHOSKI. This is a Variance requesting relief under Article XXIV, Section 100-244B for extension of existing carport which would be located with a reduced front yard setback on this nonconforming lot (substandard lot area and width). Location of Property: 18250 County Road 48, Cutchogue, NY; County Tax Map Parcel No. 1000-96-4-1.1. 7:40 p.m. - Continued from 11/8/95 - Appl. #4347 - DORIS KERR BROWN. Relocation of house at less than the required 100 ft. from Sound bluff. 3400 Private Road off N/S Bergen Avenue, Mattituck. 7:45 p.m. - Appl. of LOUIS MOORE BACON (ROBINS ISLAND). This is an application based upon the October 31, 1995 Notice of Disapproval issued by the Building Inspector, the grounds for which read as follows: A.2 Boat House, BI.1 Garage, C.1 Building, E.4 Garage with staff quarters: 18' height limitation for accessory Article III, Section 100-33A. Recreation all exceed structures, Page 3 of 3 - Legal~l~otice of Hearings Regular Meeting of December 6, 1995 Southold Town Beard of Appeals E.1 Family Vacation Home exceeds height limitation of 35 ft. as stated in the Bulk Schedule for an I{-400 Zone (as principal building). E.1 Family Vacation Home, B.1 Lane House, C.7 Caretaker Cottage, E.4 Garage with staff quarters: One Family Dwelling not to exceed one (1) dwelling on each lot under Permitted uses in an R-400 Zone. Action required by the Zoning Board of Appeals... Location of Property: Robins Island, near North Race of Great Peconic Bay, Town of Southold, NY; County Parcel ID No. 1000-134-3-5, containing 434+- acres. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and are in addition to other hearings. It is recommended that the file(s) be reviewed between 8 and 4 p.m. before (or on) the date of the hearing for an update. If you have questions, please do not hesitate to call 765-1809 or visit our office. Dated: November 17, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN X TOWN OF SOUTIlOLD BUll. DING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application d~ted . for permit to ~~...~ ... Locat,on of Property ~ ~ ...... co~,~ty T= ~p No. moo s¢¢tio. .... Z4~ .... mo:k ......Z ...... 'Lot .... Z. 7 ...... Subdivision ................. Filed Map No ................. Lot No .................. · .,v~ ..... <~.. ~..z~..~~..~~. ~.~~ ~ ~ ~/ ' .... .. ./, · _ . ~ ...... ......... /,t~ ~ ~ Inspector nb z/8o Approved / :' 19 Pe~it No ............ FORM NO, 1 TOWN OF SOUTHOLD BU! LD h"JO DEPARTMENT,. TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 (Building Inspector) APPLICATION FOR BUILDING'PERMIT BOARD OF }IEALTII ....... SETS OF PLANS ........ SURVEY ................. ClIECK c' ............. CALL 't - . .... HAIL TO: Dar ........ I INSTRU6TIONS 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· h. Plot pian showing location of lot and of buildings on premises, relationship to adjoining premises or public sti'ee~ or areas, and giving a detailed description of layout of property muir be drawn on the diagram which is part of this appl cation. . c. The work covered y this application may not be commenced b ' ' efore issuance of Building Permit. . d. Upon approval of this application, the Building Inspector will i~sued 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 !,y 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 South01d, 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, bu' din c ' admit authorized inspectors on premises and in building for necessary in-~xd tiogns.°~e' h°using code' and regulations, and t: -- ' ~orporation) · · ' (Mailin~ address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, generai contractor, electrician, plumber or builder· (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authoriied officer· (Name and title of corporate officer) Builder's License No ..... Plumber's License No. Electrician's License No ....................... Other Trade's License No. I. Location of land on which proposed work will be·done ............ ............ · ......... .......· ..~- llouse Nmuber Street ...... /..JJ.~7 //0 · Hamlet County a× ap o. ,000Sect,on ...l.I.'& .......... B,ock ........ '.. LotLT. ............... Subdivision ~ . . . .... . ............................ '. Filed Map No. (Name) .............. Lot ...... : ........ 2: Stat(~ existing Use and occupancy of premises and intended use and occupancy of proposed construction: · '5~' ' i .................... ~:~,: .:'.":~;:. :2~? :$, ? /~E:~l ,~g-, I,, z' ,:' ~, .... ,:' ~ ,'~,", ': ,;,~c,~ ........ b. lutended Use and occupancy . ' ............... ~'~'e.: ;.'.,..~: .,!% ' 3'.x ~..x !7 ........ -3. Nature of work (check which applicable): New Building ...... A~ddition .......... Alteration .t ........ Repair .............. Removal .............. DemolRiou .... : ......... Other Work...- ........... 4. Estimated '~ . ... Fee ' ~'i.. ................ (to be paid on filing this application) 5. 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 extent of ea~h~ tYt~_e~f ......................... use ............ ~ ....... 7. Dimensions of existing structhres, if any: Frout ..... ~ .~..~. Rear .9 ........ Depth . .~....9,. Height ...oQO. ~..'~... .... NumberofStores ..... il ...... Dimensions of shine structure with alterations or additions: Front ...~.,~.t]2~- ...... Rear .~ i.~...'~...~. ..... Depth .. ~ ,q-.01 ~' ........ Height ..... ~5~ 0.').:~. ...... i.. Number of Stories .... ?i' ' ' '. ' 8. Dimensions of entire new construction: Front .............. ; Rear ............... Depth ...... Height ............... Number of Stories ........................ , ....................... .......... Size of 10t: Front ............... · ..... ~.. Rear ....................... ~Depth ...,..,,. ~..: .....- ....... ~.-. Date of Purchase ... I .~i ~.~. .......... · ......... Name of Former Owner 0.r2...5.~. t~,ff...b~.~.(~.~../~. )..~..bl'..~.. Zone or use district in which premises are situated .............. ' ............... ~. ............. i '.. . ' Does proposed construction v. iglgte any zoning law, ordinance or regulation: , ~. Will 16t be regraded .~. -,~ · ' ............ ...... .¥ ................... Wall excess fill be removed from premises: Yes No Name of Owner of premises ........... , ........ Address ......... · .......... Phone No ............ Name of Architect ' Address ................. . .......... · · · · ........ Phone No ................. Name of Contractor .......................... Address ........... : .'.~ ..... Phone No ............ ' .... I~ this property within 300 feet of a tidal wetland? ~Yes..l~. .... No ......... ~If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dim ensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. 10. 11. 12. 13. 14. STATE OF NEW Y,J~RJf.,,, S S ' ,.-~. G 'l'~ ~ P'~' lO--..[~. ~,~lgL.I J~. .......... · ......... being duly s,vorn, deposes and says that he is the applicant (Name of individual signing contract) ~bove named. is the . · ,0~.. ~ ' (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this ~pplication; that all statements contained ha this application are (rue to the best of his 'knowledge and belief; and that the york wili be performed in the manner set forth in the application filed therewith. ..... - N~AaY PUBU~. St,t, ~ N,~ ..... :. -- = ~.~ 7.~ .~:~:_: ............... ~.471~89.8uffol~Cou~ ' (Si~n~tnr, ~fnpr~lic>nt~ APPEAL FROM DECISION OF BUILDING INSPECTOR RECOVED 0~'[ 1 2 1995 TOWN OF SOUTHOLD, NL~/ YORK TO THE ZONIN~.~/..t~ ' ~/ I.x~ ' ~BOAR'O OF APPEALS, TOWN OF SOUTHOLD, N, Y.P .... -f'., /"~__ /~,~ N~a~ of ~_p~l~t 3 ~O ~ Street~nd Number ............ ~.~~ ............................................. .~.,..~ .......... .~.~ ~,,~ ~o ~ Municipality Stye THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON API~LICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING~ Street and Number Municipality State ( ) PERMITTO USE ,. LOC^T'ON O' T.E ,ROPER'~..../~4~.:.~ ...................... /..'¢,....¢..~ ........... · Street /Hamlet / t~e District on Zoning Mop District 1000 Sect~on/l~bBlock / Lot /~/ ~ ........... /7'['J'.... ' /,,~'7~ .... · ~:;'~;: ........................... :'~o-r~';: ....... ~";Ur~?;'Ow~';~ '"~' V~''"''-' 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.) ^rticleX.A' I11 section 160'~f,q 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (V)/ 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. LaWs Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous oppea ((~ (has not) been made with respect to this decision Of the Building Inspector or with respect to this property. Such cppeol was ( ) request for a special permit IV') request for o variance · zz;../~ //../.~./.. ~ ~. and was made in Appea! No ........................ Dated ........................................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~,/~ A Variance to the Zoning Ordinance ( ) is req?ested for the reason that Fo~n ZB! (Continue on other side) REASON FOR APPEAL .Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in ~he immediate v~c,n,ty o~ this property and in this use district because ' ' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C.ARACT~R O~ *HE O,S,~,~r ~e~ause ~ ~~-X'~-~D4~J ,. , .. Sworn to I;his .......... ../..,c~.....,~,.. ..................... day MARY ANN CYBULSI(! Notary Public, State of New Yo~ Residing in Suffolk County No. 52.5895900 Commission Ex,oirea A~'il ............. Notary Pubtic °' -, /0o~ '- II.>- i- 1 7 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER VILLAGE DIST.I SUB. LOT ACR. TYPE OF BUILDING LAND SEAS. IMP. VL. TOTAL /I. ? ~° J I1.,_~Oo FARM DATE REMARKS oO ~. AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable FRONTAGE ON WATER value Per Value Acre i Woodland Meadowland House Plot FRONTAGE ON ROAD DEPTH ,,~ BULKHEAD DOCK 0° ?,90 COLOR t, cx/+ ~ 7" TRiM M. Bldg. Exten,sion Extension Extension Porch Porch Breezeway Garage Patio Total Foundation Basement Ext. Walls Fire Place Bath Floors ~terior Finish Heat Type Roof Rooms 1st Floor Recreation Room Rooms 2nd Floor Dormer Driveway / Dinette K. LR. DR, BR, FIN. B JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516- 765 -1801 RECEIVED OF: ~ RECEIPT FOR:"//~ ~ / [] CASH LIO ~ CD C,.J P..-I I..~ 0 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James DinJzio, Jr. Robert A. Villa Lydia A. Tortora 12/13/95 BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Attn: Thomas Fisher, Sr. Building Inspector From: Lin(la, ZBA Office Dear Tom: Attached are three copies of a plan for a foundation regarding the Long Island Sound, row off Bergen Avenue pending application for Doris Brown. Mrs. Brown left them with MaryAnn yesterday for our office to give to you, and she was asking if she conld see you on Friday? Please have someone from the Building Dept. call her at 298-8291 to see what else is needed for the building permit file for relocating the house presently "on" the edge of the bluff. (You may recall that she is not going for a ZBA variance.) Thank you. Albert .~. Krupski, President Johrl Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 COASTAL EROSION MANAGEMENT PERMIT Permit Number: 53-4-20 Name of Applicant/Agent: Name of Permittee: Doris Brown Address of Permittee: P.O. Box 915, 1979 Bergen Avenue, Mattituck. Property Located: same DESCRIPTION OF ACTIVITY: to relocate house and septic system landward from bluff. Current foundation will be left and covered with wood and well will be used as long as possible. Ail in accordance with Natural Resources Conservation Service ( letter enclosed). Date of permit issuance: October 26, 1995 This permit is valid for a period of two years from the date of issuance. SPECIAL CONDITIONS: ~Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. A relocation agreement is attached hereto and is a necessary special condition of this permit. __A maintenance agreement as attached with application and is a necessary special condition of this permit. Albert J. Krupski, Jr. President, Board of Trustees AJK/jmd 10/-25/g5 ,,15:22 "~5187273160 SCS RIVBRIIF. AD [~001 unite~ s~a~es Department of A~ri~tare Natural ~esources Conservation Service Riverhead County Center Room E--16 Kiver~ead, New ¥or~ 11901 October 25, 1995 ~rs. Doris Brow~ BOX 915 Mat=i~/~, New York 11952 Brown: OCT 2 6 Based u~on my onsite inspeo=ion of ~our prope~L~ and ~h~ erosion problem you are experiencing on the bluff, I would following course of action= First the house ehould be relocated directly to the south away from the bluer and not to the we~t as is currently proposed. The bluff ie actively eroS~g, incl~g the area directly in front of ~he propoeed house site. ~he house ~hould be set ~---,~' away from the edge of the bluff a miD,mum of one h~n~ed feet or as far bac~ ae ourrent town oode will allow. Vegetative stabilization of thie site will be very difficult · since the eroeion appears to be caused by wave action at the of the elope. As the bottom half erodes there is nothing left to support the upper half and it will eventually slide ~ownward causing further eroeion. In order for vegetation to h~ve a ~-h--ce at stabilizing this site will re~/%~re d~ligent efforts on your Dart to monitor and {~cliately reps{~ eroded sections of the bluff as they occur. Cape American Beachgrass does the beet Job of etabilizing bluff sites. It develops a ~eep extensive root system which hold~ s~ in place. Beachgrase should be planted while der~t due to the high mortality ra~e that occur~ when it is plante~ w~{le actively cj'ro~i.z~3.. The be~t ~ime ~o plant ie at ~e en~ of w~ch or beg~-~ing of April. Establishment at this time limits the plant~ e~po~ure to severe storm aotiv~ty and it gets t2ze benefit of a f~ll growing season. Plant .on one foot centers over'the e~tire eroded portion of the bluff. Follow the plantir~ ~--~=ructions in the enclosed planting gu/de. It is a good ide~ to er efta a diversit7 o£ plants on a critical site so ~hat if one shows sigT~ of stress or mo~'~alitythe others will ~ OVer and ¢ontlnue~o ~0~the eite. The"followir~ ~em/~ure will create ~diver$ity: 10~25/95 15:23 ~"516727~160 SCS ~I¥'E:ABF. AD ~002 Seed, ~*ixt:ure va=J. ec- Black~ell or Shelter Big blue~t~ Niagara Little bluest~-m Aldous or Camper San~ loveqras$ NE2? or ~end 1 or Weep~ng lovecjrass i Coastal ~n ~ cG~ass A=lan~ic Seeding ~hould take plaCe as early in the spr/ng a~ possible and prior to May 1st. I woul~ recommen~ seeding ;~--~;at~ly after the beacbc/rass is plante~. Ap~ly the seed using a hy~c~eec~r which is a piece of equipment ~t allows the operator to m~x the seed, fer~ilize~, a~d mulch material into & tank of water. The slu~f m/xture is then pumped *~ough a hose onto the slope. I have inc~luded planting ~ides for all of the plants r~oommended u well u a list of sources for these Grasses. If you have question~ or if I can h~ of further ~is~Ance please don't hesitate to call Sincerely, Allan S. Co~ell District Conse=vatio-~ =t cc; $outhold Town Trustees APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tonora BOARD OF APPEALS TOWN OF SOUTHOLD Sou~old Town Hall ; 5 ')5 ?,aJn Road E O. Box 1179 Sout~old, New York ! 1971 !-ax (5 l 6) 765-1 ~23 Teiepbone (5 i 6) 765-1809 MEMORANDUM' FOR COORDINATION TO: Chairman and Board Members, Planning Board Chairman and Board Members, Town Trustees Building Department, Attn: T. Fisher FROM: ZBA DATE: November 30, 1995 SUBJECT: Coordination on Projects (Possible Jurisdiction and Reply Request) This will confirm that the attached Agenda will show the ~apcoming meeting of the Board of Appeals with the matters to be heard. It does not appear that any of these projects will be under a site plan or subdivision application, however, if you have an application pending which is under review, please forward your comments. We will then be in a position to coordinate the same with the applicant. NOTICE OFHEARINGS . --: NOTICE IS HEREBY~ GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of. Soutbold. Ibut the tGI owing appli- cations will be held For publi&hear-.~ !ngs before Ihe SOUTHOLD TOwN BOARD OF APPEALS, at the Soutbuld Town' Hall $3095 Main:' Road, Soutbold, New York 11971, on WEDNE~DAV, DECEMBER 6, 1998, commenclngJat the times speci- fied below: 7:30 p.m. ppi. No. 4353 ~ HE- LEN RUTKOWSKL This i~:~ re.' th, Buildin8 Inspecl&~:, in wh ~-n-~p~- in8 to single-family dwelling use due 2/27/'/5. Location of Property: 1025 Gull Pond Lane~ Oreen_p~?, County Tax Map Pamei N0,~1000-35~,~,~ 4-7.2 (and 28.16). Zone D strict es ab~ ~ lisbed I/9/89:R-40 Residential ~ b~ed upon the November 3, 1995 · Noliee of DisapprovaLS from he Building Inspeel~ hf~vhleh'~ppi ennl,~ was denied permission to Subject premises is s.betandard in I size nnd is vi~lually all froni yard due and,JEAN 'ZUHOSKL Th i? s a I Location of Property: 18250 County ?X Map Pasce? No, 1000-96-4-1.1. , 7:~10 = ~.m~i. '-=: Contlnund from KERR BROWN. Relocation of house Sound bluff. 3400 Private Road off N/S BergeflA~,enue~ Mattituck. , MOORE BACON (ROBINS iS- , LAND). This is nn application bu.~d upon the October 31~ 1995 Nailee of Gnrng~i;~)ih slaff ~ quaffers:: all exceeds.helght';lltnllali0n of. 35 It, j ~ ns stated lathe Bu k Scheduie't'Or'.l an R-400 Zone {as principal build- i '~ Cottag~.;~ E.4 Garage ~',Wtlh staff, qunrie~:-One Family Dwelling not. = to exceed bna (i) d~;/ellJng o~ each I 400 Zone: Actions requited by'~be' I ,Loeatlon~pf:P~R~ #ear Nmlh Race of Great ,Pecou c Bay, Town of Soutbold, N.Y.i County i The BonKI. Gl' A~peals will at said heard in 1he above applications. mitred I~0r lo the conclusion of the subject heltrlri8. The above hearings acted, nnd ate in addition to other file(~) be reviewed between 8 and 4 Dated: November 17, 1995 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS · GERARD p. GOEHRINGER CHAIRMAN 8559-1TN23 STATE O NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Newspaper, published at Mattltuck, In the Town of Southold, County of Sdffoik and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly publisl}ed in said Newspaper once each week for I weeks ~11~ ~~1~ Principal CI ~.k// Notary Public Sworn to/be~ me thi~ ~ day of ,~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 October 23, 1995 Mrs. Doris K. Brown P.O. Box 915 Mattituck, NY 11952 Re: Appl. No. 4347 - Setback from top of bluff (Variance) Dear Mrs. Brown: Please find enclosed a copy of the Legal Notice sent for publication in this weel~s newspaper by our office. Someone who is familiar with the property should attend the public hearing not later tbnn the time specified for your application in order to answer possible questions. Also, enclosed is a Poster which must be placed at this time either on a stake or other post, or on the front of a tree facing the entrance to the right-of-way or your driveway where it can be easily seen. Appeals Board Members will each (probably at different, separate times) visit the neighborhood, and it may be easier for them to locate your house if the poster is placed where your driveway starts. After you have placed the Poster, please be sure to cheek it to be sure it has not been removed for seven days. If you need another sign, call us or stop by and we'll give another. After the sign has been posted for seven days, please sign and return the enclosed "Confirmation of Posting," or bring it to the heaping. If you have any questions, please do not hesitate to call our office. Very truly yours, Linda Kowalski Enclosure NOTICE OF PUBLIC HEARINC NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and the Code of the Town of Southold, that the following applications will be held for public hearing before the SOUTHOLD TOWN BOARD OF APPEALS, al the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, NOVEMBER 8,1995, commencing at the limes specified below: 1 7:32 pm. Appq No. 4347 -- DORIS KERR BROWN. This is a request, based upon the October II, 1995 Notice of Disapproval issued by the Building Inspector. in which ap- plicant applied for a building permit to relocate an existing dwelling, and which application was disapproved on the following grounds: "Under Article XXIlI, Section 100-239.4.A(I) (por- tion of) proposed relocation is less than 100 feel from the Long Island Sound bluff." Property Location: 3400 Private Road #12 off the north side of Bergen Avenue, Mattituck, N.Y.; Parcel ID No. 1000-112-1-17. 2. 7:35 p.m. Appl. No. 4346 -- REGINALD MINOR. This applica- tion is based upon the October 3, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for an accessory ingrouod swimmingpool. and which application was disapproved on the following grounds: "Under Article IliA. Seclion 100-30A.4 pro- posed construction shall be installed in the required rear yard. Under Article XXIII, Section 100-231, fences in resi- dential zones shall not exceed four feet in height in a front yard. Under Section 45-8 a building permil is required before a fence can be installed or replaced." Location of Property: 360 Private Road #1 (Stephenson Road) Orienl. N.Y.; County Tax Map ID No. 1000-17-1-12. 3. 7:40 p.m. Appl. No. 4340 -- J. GRILLO. (Recessed from October 11. 1995). Variance for fence height loca- tion commencing near Peconic Bay Boulevard and running to the south along the westerly side of right-of-way known as Mesrobian Drive, Laurel. N.Y. 1000-1454-12.1. 4. 7:50 p.m. Appl. No. 4348 -- MR. and MRS. THEODORE PETIKAS. This is a request for a variance under Article XXIX, Section 100-239.4, based upon the October 17, 1995 Notice of Disapproval issued by the Building Inspector wherein applicants are requesting a building permit for a 6 ft. wide deck entry from the easterly side of the dwelling to a proposed raised deck area within 100 feet of the low bank of the Long Island Sound. Property location: 52755 Souedview Avenue, Southold, N.Y.; County Tax Map Parcel No. 100~135-1-27. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will nol start before the times designated above. If you wish to review the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: October 23, 1995. STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) in ~d Co~, ~i~ duly ~om, ~ that he/she ~ P~ncip~ Clerk of THE SU~O~ TIM~, a Weekly Newspaper, published at MaRltuck, in the To~ of ~uthold, Coun~ of S~olk ~d State of New York, and that the Notice of which the annexed Is a printed copy, h~ ~en reg~arly published In smd Newspaper once each week for ~ weeks sugce~lvely comme~ing on the ~_ ~.- day of CHRIST1NAVOLINSKI . . Il ~ ~ Notary Public, State o{ New York O . ,No.: 5~,,8.~.A f-)/ Principal Clerk Commission E~ires Novemb. er 23, 19.L-/''/-' . Notary Public APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Tow~ of Southold, that the following applications will be held for public hearing before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Read, Southold, New York 11971, on WEDNESDAY~ NOVEMBER 8~ 1995~ commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4347 - DORIS KERR BROWN. This is a request, based upon the October 11, 1995 Notice of Disapproval issued by the Building Inspector, in which applicant applied for a building permit to relocate an existing dwelling, and which application was disapproved on the following grounds: "Under Article (portion of) proposed relocation is less Island Sound bluff." Property Location: north side of Bergen Avenue, Mattituck, NY; XXIII, Section 100- 239.4. A (1) than 100 feet from the Long 3400 Private Read #12 off the Parcel ID No. 1000-112-1-17. 2. 7:35 p.m. Appl. No. 4346 - REGINALD MINOR. This application is based upon the October 3, 1995 Notice of Disapproval issued by the Building Inspector, wherein applicant is requesting a building permit for an accessory inground swimming'pool, and which application was Page 2 - Legal Noti~ Regular Meeting of November 8, 1995 Southold Town Board of Appeals disapproved on the following grounds: "Under Article IIIA, Section 100-30A.4 proposed construction shall be in.~talled in the required rear yard. Under Article XXIII, Section 100-231, fences in residential zones shall not exceed four feet in height in a front yard. Under Section 45-8 a building permit is required before a fence can be in-tailed or replaced." Location of Property: 360 Private Road #1 (Stephenson Road) Orient, NY; County Tax Map ID No. 1000-17-1-12. 3. 7:40 p.m. Appl. No. 4340 - J. GRILLO. (Recessed from October 11, 1995). Variance for fence height location commencing near Peconlc Bay Boulevard and running to the south along the. westerly side of right-of-way known as Mesrobian Drive, Laurel, NY. 1000-145-4-12.1. 4. 7:50 p.m. Appl. No. 4348 - MR. AND MRS. THEODORE PETIKAS. This is a request for a variance under Article XXIX, Section 100-239.4, based upon the October 17, 1995 Notice of Disapproval issued by the Building Inspector wherein applicants are requesting a building permit for a 6 ft. wide deck entry from the easterly side of the dwelling to a proposed raised deck area witblu 100 feet of the low bank of the Long Island Sound. Property location: 52755 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-1-27. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments my also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review Page 3 - Legal Notice Regular Meeting of November 8, 1995 Southold Town Board of Appeals the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: October 23, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X JUDiTI4 T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL APPLICALTION OF DORIS K. BROWN - #~3~7 DATED: OCTOBER 12. 1995 Transmitted is an application for DORIS K. BROWN, together with Southold Town Building Department Notice of Disapproval, Application for Building Permit, Map of property showing proposed project, Notice to Adjacent Property Owner, and Short Environmental Assessment Form, and questionnaire for filing with ZBA application. Judith T. Terry Southold Town Clerk 617.21 Appendix C State Envin=nmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLJb'TEO ACT1CNS Only ~ART I--PROJECT INFORMATION (To t=e comolete~ ~y AoDiic~t or P~j~: s~onsot) I1~1~ . . - _ . SEQR 11. I :~.~Tlrf THAT THE INFORMATION ~aRO¥IOED ASQYE IS TRUE TO THE BE~T OF MY KNQWLE~G~ If the action is in the Coastal Area, an~ you are a state agent, complete t~e Coastal Assessment Form ~efore proceeding with t~is as~es=ment OVER 1 (Continued on reverse side) 7he_~.Y.S. ~nvironmen=al Quality Review Act re=uires submission (c) If all ques~ous have been answered No i= ~rojm~ is no= (d) Enviro~n=al 4.. WAll proj~ ~ve a po~a~y l~ge ~acU on ~ ~jac~= siCes~ ~ ~li~? Yes ~ .~o 8. Will p~je~ have a ~jo= effect on visual char- 9. WAll ~roje~ adversely ~ac= .~y site or i0. Will proje~ ~ a ~jor effe~ on ~s~g Will proje~ result ~ ~jor ~affic probl~s or Will project =mgularly ca~e objec~on~le odors, Will 9=ojec= have ~y ~ac= on p~lic ~eriod or have a major nega~ve ef~ec= on the ~arac=~ of ~e c~i=y or neighbornood? projec=? ~ . · QUEST!ON%~AIRE FOR FiLiNG WITH YOUR Z.B.A. APPLICATION A. Please disclose the names cf the owner(s) and any o~er individuals (and en~ities) having a financial interesn in ~ke s~bject pr~mises and a description cf their interests: ($epara=e~y be attached.) B. Is =he su~jec~ premLses lis=e~ cn =he real es~=e mar~eu for ~or being show~ ~o ~rc~ec~ive biers? { } D. 1. ~e ~ ~y ~e~ w~ch con=~n wet!~d ~aes? ~s app~ca~on~ ~0 3. Is ~e pro~elaf b~ea=e~ b~een ~e we~ 4.' If ~ prope~ con=~ we~l~=s or pon~ ~eas, have you ccntacte~ ~e Office of ~e T~ T~=ees for its dete~on of E. Is ~erm a depression or slo~q elevation ne~ ~e area of Prouosed coercion a~ or bei~ five feet ~ove me~ sea level? ~ (If not a~c~!e, state "N.A.") F. ~e ~ ~y ~a~cs, con, eta barriers, ~ea~ w~ch ~{~ ~d ~e no~ ~k~ ~ ~e s~e~ ~p ~at you ~t~q? ~ If none ~xist, please state conce~nq yc~ praises? ~6 If yes, ~!ease s~mit.a ~f yo~ b~!~ng pe~U'~d map ~ a~proved by the ~uildin -- H. Do you ~ any co-owner ~sd own other land close to parcel? If yes, ~!ease e~lain where or submiZ of deeds. - - - I. Please list preenS, use or operations conducted au this parcel /~/~ ~ ~/w~ ~ ~ ; and 3/27, 10/90!k § 97-I3 W~'T~NrDs § 97-13 TOVv'N' ~ ~ Town of Sour~lcL T~.USTIEES ~ ~e Bo~ of T~ of c~ T~ of Sou~i~ [~de~ ~ b~ ~ ~o. ~I984{ a~S [Amend~ 8-26~6 ~ r~r~ ~ 2-t976; 3-26- e~d ~ or ~i~ ha~ o~ ~ ~ or lan~ l~ng b~ ~ w=~ whi~ a~ m~ low fide xre e~e~ by ~ ~ ~ a m~imum de~th five (~ fee~ in~g bu: ~t Hmi~d ~ Iow l~ng ~ ~b~c~ m ~ ~c~u~ (2) All b~ bo~ m~o~ ~m ~d ~ ~jec= ~ ~ ~d~'and upon wM~ ~ or ~7 ~w some or ~y oi ~e ~ollo~n~ ~ hay, ~ ~u~ s~ lzvend~. ~ cu~ high d~n~ in $~n ~) ~d l~n~ ~n seven- ~-~ve (75} 6eot l~d~ ~ ~e mo~ landwa~ ed~ of such a ~d~ wed=n~ (1) "Fr~hw~r wetl~ds' ~ defined in At'cie 24. tie l. ~ 2-1~I07. Subdi~sio~ l(a) ~o I(d) incisive. oi tho Env(ronmen~l Conse~'ndon ~w of the (2) All land immedi=teiy .'tdj=cunc to = "t'rushwater wet- land.' as dc£ined in Suhsec'.icn B(1) and lyin~ with- in seventy-(ire (75] fee~. {;~,dward of the most. land- ~v~rd cd~o o(' a "[rcshw.~.:er w~dand." APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO. JR. Southold Town Board o£Appeals MAIN ROAD-STATE ROAD 25 SI3UTHCILD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appeal No. 3817: Upon application of DORIS K. BROWN for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in the frontyard area. Location of Property: Private Right-of-Way located off the north side of Bergen Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 17. WHEREAS, a public hearing was held and concluded on January 12, 1989 in the Matter of the Application of DORIS K. BROWN under Appeal No. 3917; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: Page 2 - Appl. No. ~17 Matter of DORIS K. BROWN Decision Rendered January 12~ 1989 1. By this application, appellants request a Variance under Article III, Section 100-32 for permission to construct a 30 ft. by 40 ft. accessory barn/storage building in the frontyard area, with a setback of not less than 25 feet to the easterly property line and as more particularly shown by sketched copy of a survey dated November 9, 1972 (of VanT~yl & Son). 2. The premises in question is an 4.85-acre parcel of land situated along the north side of a private right-of-wat which extends off the north side of Bergen Avenue in the Hamlet of Mattituck, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 112, Block 1, Lot 17. 3. The subject parcel is improved with a single-family, one-story frame house, which is presently set back at approximately 500 feet back from the southerly front property line. 4. Article III, Section 100-32 of the Zoning Code provides accessory buildings to be located only in the required rear yard. For the record, it is noted that the rear yard area for this parcel is designated at that area north of the existing dwelling (facing Long Island Sound). 5. For the record, it is noted that the height of the building to top of roof peak is proposed at 19 feet 10 inches. Article III, Section 100-32 restricts the maximum height of accessory buildings to 18 feet from average grade. 6. It is the position of this Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d) there is no other method feasible for appellant to pursue other than a variance; Matter of DORIS K. BROWN Decision Rendered January 12, 1989 (e) the variance, if granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties; (f) the interests of justice will be served by granting the variance. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appeal No. 3817 in the Matter of DORIS K. BROWN for permission to locate 30 ft. by 40 ft. accessory barn in the frontyard area, to be used incidental to the residential use of the premises, provided that the total height of the structure not exceed 18 feet to the top of roof peak from average grade. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Absent were: Member Doyen due to poor flying conditions, and Member Sawicki was out-of-state.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, H~AIRMAN ~o~6 BOARD C)F APPEALS, TOWN OF SOUTI4OLD lo Ihe guard of ^ppeals/of the lowo of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha.~ il issue intenlion of lite undersigned lo pelilion the t3oar¢l of Appeals of lire 1'own of So~llmld tn requesl a~.~rianc~,j (Special Exceplion) (Special Permil) (Ot:her) [c£rcle cho£¢eJ :2. Thai lite properly which is Ihe subiecl of Ihe Pelilioo is lucated adjacenl to your properly and is des- crihed as follows: ). 3. Thai lhe property which is the subjecl of such Petition is located in the following zoning clislrict: such Pclition, Ihe undersigned will requesl the followlug relief: 5. Thai Ihe provisions of the Southohl Towu Zoning Code applicable lo lhe relief soughl hy Ihe under- [ ] S~CLIOn ~0~, N~ York To~n Ls~ for ~pprov~l ~. ]h~l wJlhin fiv~ d~ys from lhe d~le hereof, ~ wrillen Pelilion ~equeSlJn~ lh~ relief specified ~ov~ will be filedinlheSoulhold Tgwu Clerk'~OJfice~l ~in Ro~d 5oulhold, New York~ndyoum~ylhen~ndlh~r~ examine the same during regular office hours. (516) 7~5-1809. 7. That hefore tire relief sooght may be graoted, a puhllc heariug must he held oo the matter by the Buard of Appeals; that a notice of such hearing must be published al least five days prior to the date of such hearing in Ihe Suffolk Times and in lhe Long Island Traveler-Maltiluck Watchman, newspaper~ published in Ihe Town of Southold and deslgnaled for the publication of such notices; Ihal you or your ~epreseolative have lhe righl to appear and be heard al such hearing. [Copy of sketch purposes.] or plan showing proposal to bec, at ta~ched- for ~¢on~enience Z ~6 ~97 767 Receipt ~or No insurance Coverage provided Z ~6 ~97 76~ ReceiPt ~o~ 1,~6 ~97 75~ \ ~ for Certified Mail No Insurance Coverage Provided Do not use for International Mall (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: - · , being duly sworn, deposes end'says ~ha[ on ~h~' 0 /~ day of ~, l~) , 19 q~' , deponenl mailed a zrue copy of [he Nolice scl forth on the re- verse side h~reof, directed lo each of (h~ above-named persons al Ihe addresses sol opposi(e lhei; respeclive names; thai [he add[esses sol opposi;e lbo names of said persons a~e ll~e addresses of said persons as shown thc curr~; assessment roll of Ihe Town of Soull~old; II~al said No;ices were mailed al [he Uniled rice al ~j~ ~ ~, U- ;IhaI said Nolices were mailed Io each of said persons by (certified) (registered) mail Sworn [~cfore me lhis Nozary Public Y MARY ANN CYBULSK! Notary Public, State of New York Residing in Suffolk County No. 52-5895900 Commission Expires April 30, 1 gT~..~ (This side does not have to be completed on form Lransmitted to adjoining property owners.) ;