HomeMy WebLinkAbout4269
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
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
ACTION OF THE BOARD OF APPEALS
Appl. No. 4269:
Application of FREDERICK RAYMES. Variance from Article IIIA,
Section 100-30A.4 (ref. 100-33) based upon the August 2, 1994 Notice
of Disapproval for approval of accessory shed building, as exists in
the northerly side yard area. Location of Property: 704 Wiggins Lane
(with frontage along canal of Gull Pond Inlet), Greenport, NY;
County Tax Map Parcel No. 1000-35-4-19. The subject premises
contains a total lot area of 14,316 sq. ft. {Setback of building when
located in an area other than a permitted yard must be determined by
the Board of Appeals. }
WHEREAS, after due notice, a public hearing was held on
October 5, 1994, and at said hearing all persons who desired to be
heard were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered ali testimony and
documentation submitted concerning this application; and
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. This is an appeal of a Notice of Disapproval issued by the
Building Inspector in which the applicant has applied for a building
permit for a detached accessory storage building, as built, and
located in the northerly front yard area.
2. The premises in question is located in the R-40 Low-Density
Residential Zone District and contains a total area of 14,316 sq. ft.
(to 1965 tie line along edge of canal).
3. The applicant's survey map of July 6, 1994, prepared by
Roderick VanTuyl, P.C. shows an existing 1-112 story, single-family
dwelling set back 22+- feet from the easterly front property line
along the private right-of-way, and set back 40 feet from an existing
bulkhead structure at high water to the west. The subject premises
is a waterfront parcel having frontage along Fordham Canal, and the
yard areas where accessory buildings are normally required to be is
Page 2 - Appeal No. 4269
Application of FREDERICK RAYMES
Decision Rendered October 5, 1994
very limited and unpractical due to the nature of the low elevations
and land subject to flooding, and the closeness of the right-of-way.
4. Proposed by this application is the approval of an 8 ft. by
10 ft. accessory storage shed situated five feet from the northerly
property line. The use of the building will be strictly for storage
purposes incidental and accessory to the applicants-owners
residence.
5. The limitations under this appeal are that the building may
not be enlarged by more than 50%, or in the future converted for
gainful purposes (such as living area, rental for non-owner storage,
etc. ), and may never be used as a separate use.
6. The proposed building will be in conformance with the height
requirements {less than one-story and at a total height of less than
ten feet}.
7. It is the position of the Board in considering this
application that:
(a) the circumstances are uniquely related to the property
and there is no method feasible for appellant to pursue other than a
variance - particularly sinee the property does technically has
limited yard areas where the shed would normally be located;
(b) the relief is not substantial in relation to the
requirements and will be at a distance more landward of the bulkho, ad
than the existing dwelling, while also being more distant from the
front road line and five feet from the northerly property line at its
closest point;
(c) the variance requested does not involve an increase of
dwelling unit or use density;
(d) the relief requested will not cause a substantinl
effect on available governmental facilities since the structure is for
storage purposes incidental to the existing residence;
(e) the relief requested is
uniqueness of the property and the
waterfront community;
not unreasonable due to the
character of the surrounding
(f) the variance will not in turn be adverse to the safety,
health, welfare, comfort, convenience, or order of the town, or be
adverse to neighboring properties;
Accordingly, on motion by Chairman Goehringer, seconded by
Members Wilton and Dinlzio, it was
Page 3 - Appeal No. 4269
Application of FREDERICK RAYMES
Decision Rendered October 5, 1994
RESOLVED, to GRANT the location requested for an 8 ft. by 10
ft. accessory storage building with a setback at five feet from the
northerly p~operty line as applied and SUBJECT TO THE FOLLOWING
CONDITION:
There shah be no utilities, other than lighting (which, if
placed, shall not glare onto neighboring areas).
Vote of the Board: Ayes: Messrs. Dinizio, Villa, Wilton,
Doyen, and Goehringer. This resolution was duly adopted.
lk
· GERARD P. Go~HRINGER, CHAII{~N
RECEIYED / .ND FILED BY
THE SOHTHOLD TOWN
D~T~
~ Town Clerk, Town o~
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, that the following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS
at the Southold Town Hall, 53095 Main Read, Southold, New York
11971, on WEDNESDAY, OCTOBER 5~ 1994~ commencing at the
times specified below:
1. 7:30 p.m. Appl. No. 4255 - ROBERT S. SEARLE.
(Continuation of Hearing held August 11, 1994). Thi.~ is a request
for a Variance under Article III, Sectio~i 100-32 of the Southold Town
Zoning Ordinnqce, based upon the July 12, 1994 Notice of Disapproval
from the Building Inspector, for permission to construct new
single-family dwelling and deck at a reduced setback from the front
property line along Private Read off East End Road, Fishers Islnnd,
NY; County Tax Map Parcel ID No. 1000-7-2-8. The subject premises
contnins a total lot area of approximately 3.16 acres with frontage
along two private roads, one located at the north end and the other
at the south end of this parcel. The Zone District is R-120
Residential which requires a minimum front yard setback of 60 feet.
Page 2 - Legal Notice
Regular Meeting of October 5, 1994
Southold Town Board of Appeals
2. 7:35 p.m. Appl. No. 4268 - EDWARD AND EVELYN HALPERT.
Variance from Article IIIA, Section 100-30A.2C(1) {ref.
Section 100-31C(4-b) and 100-33C}, based upon the Notice of
Disapproval (as updated August 10, 1994) for permission to locate
tennis court structure with 10 ft. high fencing with insufficient
setbacks when located in the front yard, and with fencing exceeding
the four-ft, height restriction under Article XXIII, Section
100-231A. Location of Property: 2125 Town Harbor Lane, Southold,
NY; County Tax Map Parcel No. 1000-66-1-31.
3. 7:40 p.m. Appl. No. 4269 - FREDERICK RAYMES. Variance
from Article IIIA, Section 100-30A.4 (ref. 100-33) based upon the
August 2, 1994 Notice of Disapproval for approval of accessory shed
building, as exists in the northerly side yard area. Location of
Property: 704 Wiggins Lane (with frontage along canal of Gull Pond
Inlet), Groenport, NY; County Tax Map Parcel No. 1000-35-4-19.
The subject promises contmin.~ a total lot area of 14,316 sq. ft.
{Setback of building when located in an area other than a permitted
yard must be determined by the Board of Appeals.}
4. 7:45 p.m. Appl. No. 4270 EILEEN FARRELL. Variance
based upon the August 22, 1994 Notice of Disapproval from the
Building Inspector wheroin applicant .roquested a building permit to
construct addition and alteration to a nonconforming building with a
nonconforming use, and which permit was disapproved under Article
Page 3 - Legal Notice~
Regular Meeting of Oetober 5, 1994
Southold Town Board of Appeals
XXIV, Section 100-243 of the Zoning Code which does not permit
enlargement, reconstruction, structural alterations or movement
unless the use of such building is changed to a conforming use. The
subject premises contains a total lot area of 28,710+- sq. ft. a~
contains the following nonconformities: more than one single-family
dwelling on a substandard lot; nonconforming easterly side yard.
The following expansion is proposed: new addition which will
incl~ase the floor area, and proposed deck addition. Location of
Property: 760 Great Peconic Bay Boulevard, Laurel, NY; County
Tax Map Parcel No. 1000-145-2-7; also shown on the Map of Dudley
Park filed September 17, 1928 as Lot 3.
5. 7:50 p.m. Appl. No. 4271 - JEAN and LOUIS WALTERS~ JR.
Variance based upon the September 13, 1994 Notice of Disapproval
from the Building Inspector wherein applicants applied for a building
permit for an accessory deck, as exists around swimmlngpool
structure, with an insufficient southerly side yard setback.
Location of Property: 1450 Boisseau Avenue, Southold, NY;
County Tax Map Parcel No. 1000-55-6-22.
6. 8:00 p.m. Appl. No. 4273 - RUSS L'HOMMEDIEU (as tenant and
resident). Variance based upon the August 25, 1994 Notice of
Disapproval from the Building Inspector wherein applicant applied for
a building permit to alter an existing one-family dwelling with an
expanded home occupation carried on in an area exceeding 500 sq. ft.
Page 4 - Legal Notice~
Regular Meeting of October 5, 1994
Southold Town Board of Appeals
of floor area. The subject premises contains a lot area of 30,625+-
sq. ft. and is improved with a single family dwelling, occupied by
the applicant's home office. Location of Property: 1450 Boisseau
Avenue, Southold, NY; County Tax Map Parcel No. 1000-75-2-3.1.
The Board of Appeals will at said time and place hear any and
ali persons or representatives desiring to be hoard in the above
matters. Written comments may 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 any of the
above files or would like to request more information, please do not
hesitate to call 765-1809 or visit our office.
Dated:
September 19, 1994.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By lJnda Kowalski
X
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OF~.ICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
To Frederick Raymes
.... ~04 N±gg±ns Lane
..... ~pp~,.NY 11944
Date .... August 2 94
PLEASE TAKE NOTICE that your application dated d..ql.)/ .O 94
...................... 19
for permit to constr~J.q~.OP.c~OF2/, b. uildin9 (shed) (as exists)
LocationofProperty 704 Wiggins Lane, Greenport .
House No. Street Ham/et
County Tax Map No. 1000 Section ....... ~ ..... Block 4 ' .. Lot 28.24
eeer
· of Cleaves P~,~.,E~,.
Subdivisio[~ .a .p' · Section 3
.............. wnuu ~aap r~o. : ............... Lot No ..................
is returned herewith and disapproved on the following grounds .........................
Accessory buildin'g for storage purposes loca, ted in a side' yard
area. Article TTI^, Section 100-30A,4 (ret. 100-33),
Also Note:' Actlon required by Board of Toun Trustees
Bui ld~%g Insp6ctor
., ~.~ lhomes $. Fisher
RV 1/80
FORM NO. 1
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-1802
B~A~D OF HE^LTll
//_SURVEy ................
/CIIEcK .................
SEPTIC PORN ...........
C^LL ~... ~W .... /. .....
HAIL TO:
· (Building Inspector)
APPLICATION FOR BUILDING'PERI, IT '" ~t!,~) '
Date .... ............ ~.~
~ ' ,. INSTRUCTIoNs
a. This apl~lication must l~e completely filled in by typewriter or in ink and submitted to the Building inspector; witl~
ets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of bdildings on premises, relationship to adjoining premises or public sti'e.~
or areas, and giving a detailed description of layout of property mu~t be drawn on the diagram which is part of this apl:
cation. .
c. The work covered by this application may not be commenced before issuance of Buildin- Perm'
I..d; .Upo.n approval of this application, the Building Inspector will issued a n.;,a;-o uA__.... °.L R;. . . , .
~s att De ~:ept on the premises available for mspectmn throughout the work
~ ~o budding shall be occupied or used in whole or in part for any purpose whatever u tit '
~shall ha~e been granted by the Building Inspector n a Cerhficate of Occupanc
1, ' APPLICATION IS HEREBY MADE to the Building DePartment fro- the issuance ' ' ,,
Building Zone Ordinance of the Town of Sc},,thnld e...-c .......... of a Bmldin~. Permit pursuant to tl~
al or demohtmn, as herem describec
The applicant agrees to comply with all apphcable laws, ordinances, building code,..~sing code, and regulations, and t
admit authorized inspectors on premises and.in building for necessary inspecti~:---g~ - . .
--' . ' ' ..... '. .... v ........ :--~W-- ......... 2 .........
(Si°nature of applicant, o~name, if a corporation)
.'
State xvhether applicant i~/ownerJll .... '-o ........ ~U ~r~o~;iNq . Ilq¢"}- .
.. ~ ..... , u,,~nt, arcmtect, engineer, general contractor, electtric~a'n, tplun{ber or builder.
:. o ,,,, '~'~ ~'" :'.' ')~'3>~'7'~'.>~[~ ......... · ...... : .............. ' .......
of owner o premise .... /" ............ .......... ' ...........
(as on the tax roll or latest deed)
If applicant is a corporationl 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'a License No ......................
ltouse Number · '
Street
' . ~ , Hamlet
County Tax Map No.' I000 Section .;~,.~. . .... i... Lot .... ~Z~.~ ....
Subdivision ........ . ............... . .... · · · J .....'. FHcd Map No.
(Name) .............. Lot ...... : ........
Slate existing use and occupancy of premises and iutended usc and occupancy of proposed ~onstruction:
a. Existing Use and occupancy .
b. Intended use and occupancy
· . _~"' ole/: l~ewBuilding .~. ~ .. . . .
Repair . . '1' ..... Removal ......... ,-, ,~..: · · Addmon ......... :~ Alteration' ..
· .,.~,~,. . ........ ~ l.~emonuon .... : ......... Other Work ...... i'''.-'
4. 'stimatedCost.t: .a..O..... · ' ' .
ra to be Pa, .. eationg
5. vclhng, number of dwelling units ...
' If b ge, number of cars . . · ..... I' ....... . ~um~er of dwelling units
6. usi iai or mixed c ney, specify natnre exten .ca'ch f
7. Dimensions of existing structures, if any: Front. typ .
Height Plh ' '
· -. Rear .......... De
............... Number of S~ories ...... · ............
. Dimensions of shine structure with alterations or additions Eton
Depth .. ' . : t '
~. ' .................... Height .. , . · · · ~ ............. ~ear ...............
8. ~ensions o~ ~ti~ new construction: Fr~t. ~ ~l~l'~ ~ '~ ~ ' :' ' aumber of ~to~es .......... .,; ..... '
~e~oh~....~.~]~ ...... NumberofSto~es .. 'l ' · · R~ar ..... ~ ....... Depth ...~. "
~. ~lze ollot: Fro~[ ...... I~1 . ' .............. ]. ............... . '~ .....
...... ....... .... ..... ....
11. Zone or use district in w'-:~'- ' ' '" ..... ; ......... ~ame of Foyer Owne~ ~ ..........
Does proposed construction violate any zoning law, ordmanc~ or
Will lOt be re~ra ~d .~ ~ regulation~ ....
'13. _ d ............ . . . ..
' 14. N~e of Owner of premises ~,~~ .... ~.~dl e~s,fill~be ~mo~d from premiscs: .... ~: '~
N~e of Architect ..... · ',, i ~ .... ~" ' ' ' ~oress~'~4-~ [~hon~
~e o~ontractor - ~ ...... ~ss ........ '. · .' ....... Phon~ ~ '~ '
15.' Is this orooert~ ,.,~' ~tL' ' '. ....... Address; ...... , ~ - ~, ........... .~..
. ~ ~ ~-~,~,,~,~ ~0- ~' o~ a t~dal wet,and? .~LL .......... rhone ~o .......... ~ .~..
· -. PLOT DIAG~
Locate clearly ~d distinctly ~1 build~, ~heth~r existing or proposed, ~d, indicate ~i set-baCk d~ensions fror
prope~y fines. Give street ~d block number or desc~ption accord~g to deed, and show street n~es and indicate whethe
~te~or or corner lot.
STATE OF NEW--YORKI"~O [ I~ · '
COUNTY OF <-- , S S
.... '~----~' ' ~N~i'.'~ ..... ~ '~O" ("'4 ' 'tflX'" ~ '~ being duly Sworn, deposes and says that he is the applicant
.,.__ ,(t :amc of individual signing contract) .......
· o~ve namea.
U....".
(Contractor, agent, Corporate officer, etc.) '" · · ·
,f said owner or owners, ~d is duly authorized to perform or have perfo~ed the said work and Io m~e and file ~his
pplication; that all statements contained N this application are true to lhe best orhis knowledge and belief; and lhat
.'ork w~l be perfo~ed in the manner set for0~ in thc applicalion filed therewith. · ·
tvom Io before me Ibis
1994
Southold Town Clerk
TOWN OF SOUTNOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. /"~
......
TO THE ZONING BOARD OF APP, E, ALS, TOWN OF SOUTHOLD, N. Y.
,, ~we, ...... ~ .... ~t¢:~.....L.~ ~.~...o~. ...... ~.:..q..'~ ...... ..... .~.¢ .~..L~ ....... ~. L...~.....~ .....
Name of Appell,ont Street and Number
........ .~.~.~....~'......~... .............................................................. ~ .............HEREBY APPEAL TO
~ Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
wHEREBY THE BUILDING INSPECTOR D~NIED TO
Stdeet and Number Municipality ~ ~tote
() PERMIT TO USE
P
ERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ~ ~,J~Y-~C~ ,,"-..-~ ~
7'7' Street /Hamlet / Use 'i~i)';;l;F-;~"~-~ning Map
District ]000 Section3~'BlockL~j LO~;~J~, ~_.-re-' .~,~
...................................... ............ ~.ur n~. Owner
Mop No. ' Lot No. Prior Owner .
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number Do not quote the Ordinance.)
Article /t/_A Section /ao'~:~O/c~'c/ T/M.~ ~o-~"V'~,~'
U '~/.
3. ~PE OF APPEAL Appeal is made herewith for (please check appropriate box)
~ A VARIANCE to the ~ning Ordi~nce or Zoning Mop
( ) A VARIANCE due to lack of access (State of New York. T~n Law Chap, 62 Cons. L~s
Art. 16 Sec. 280A Subsection 3
()
·
4. PREVIOUS APPEAL A previous appeot~ ~hos'. been
Of the Building Inspector or with respect to t..is properTyy.
' Such appeal was ( ) request for a special permit
~'~ request for a variance
and was made in Appea! No..~..L~....~....~.. .............. Dated
made with respect to this decision
( )
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
- ,~.L. ~.-
is requested, for the reason that J ~ qO,.~.
~ ~'~,-~ ~ ~,'~'--;~ ~
' ~ ~ ZSI ~or~inue on other side)
' '-"~ ~i'OWN P~'OPERTY RECORD
...... '~° ~-OF SOUTHOLD CARD
OWNER;,,~ STREET '7~:~)ff VILLAGE DIST. SUB. LOT
',r,-,,..,~,r.' ~,,~',-~' ,, '" /4/,~F~'~ -,,--,-J~ /o ~'~.
FORMER OWNEI~ N , i E AcR. J
ES.f,;~.t/,~ SEAS. / VL " FAPJ~ , ~MM. CB. MISC. Mkt. V~lu. ',
~ND I~P. TOTAL DATE REMARKS
~EW NOeL BELOW ~OVE ~ / / ~ [m~
FARM Acre Value Pe~ Value j
Acre
rushland :,~ , : ' FRONTAGE ON ROAD /
I : ::'~ ,' ~":t~o~" ''
ous~,Pl~;; :,[~ ~,;~ - ~,: ~'
~tal '?~ ~.; :' ~:" ' DOCK
Vt. Bldg.
Zxtens. ion
-~xtension
Breezeway
Garage
Patio
Oi B.
Foundation
Basement
Ext. Walls
Fire Place
Type Roof
Recreation Room
Dormer
Driveway
7
Bath
Floors
Interior Finish
Heat
Rooms 1st Floor
Rooms 2nd Floor
Dinette
K. }
I_P,. //
DR. /
BR. ,~,,.
FIN. B.
Irt .,Ap., OF Pr2OPEI2.TY
~1~ ,,
DATE:
//
t" ~ '
_.~ = : - _ ,.._,~
DEPARTMENT OF PLANNING
iCOUNTY OF SUFFOLK,'
ROBERT J. GAFFNE¥
SUFFOLK COUNTY EXECUTfVE
STEPHEN M. JONES, A.I.C.P.
DIRECTOR OF PLANNING
October 19, 1994
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) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s)
Municipal File Number(s)
Raymes, Frederick
L~Hommedieu, Russ
4269
4273
Very truly yours,
Stephen M. Jones
Director of Planning
GGN:mb
S/s Gerald G. Newman
Chief Planner
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
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
Pursuant to Article XIV of the Suffolk County A~ministrative Code, The
Board of Appeals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning Cu~,uission:
__ Variance from the Zoning Code, Article III-A , SectionlOO-3OA.4
(ref. 100-33)
__ Variance from Determination of Southold Town Building Inspector
__Special Exception, Article
, Section
__Special Permit
Appeal No:4269 Applicant: Frederick Raymes
Location of Affected Land: 704 Wiggins La., Greenport,
County Tax Map Item No.: 1000-2§-4-28.24
Within 500 feet of:
NY
__'Town or Village Boundary Line
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
Comments:
Within One Mile of a Nuclear Power Plant
__Within One Mile of an Airport
Applicant is requesting permission.toput
s-hed in
side yard.
Copies
Dated:
of Town file and related documents enclosed
October' /~ 1994
for your review.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
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 17, 1994
Mr. Frederick Raymes
704 Wiggins Lane
Greenport, N. ¥. ]]944
Re: Appl. No. 4269 (Variance for Existing Shed)
Dear Mr. Raymes:
Please find enclosed a copy of the findings and determination
rendered Wednesday evening by the Board of Appeals concerning
your variance application.
Please be sure to return to the Building Inspector and any other
agency which may have jurisdiction for issuance of a building permit
and applications approvals for the existing shed. We have furnished
copies of the approval to the Building Department office for their
update and permanent recordkeeping.
Also, we have transmitted a copy of this file to the Suffolk County
Department of Planning in accordance with the Suffolk County
Administrative Code rules and regulations pertaining to projects
located within 500 feet of a waterway. Once we have received their
written response, we will forward a copy to you for your permanent
recordkeeping.
Very truly yours,
LINDA KOWALSKI, Clerk
Board of Appeals
Enclosure
Copies of Decision to:
Town 'Building Department
County Planning Commission
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
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 21, 1994
Mr. Frederick Raymes
704 Wiggins Lane
Greenport, N.Y. 11944
Re: Appl. No. 4269 - Variance for Existing Shed
Dear Mr. Raymes:
Please find attached a copy of communications from the Suffolk
County Department of Planning which results from their review
under the Suffolk County Administrative Code for projeets
located within 500 feet of a state or county highway, estuaries,
creeks of the Peconic Bay area, West Harbor, Fishers Island
Sound, Long Island Sound, and its tributaries.
This copy is for your update and recordkeeping.
Very truly yours,
Linda Kowalski, Clerk
Beard of Appeals
Enc~sure
Southold Town Board of Appeals
MAIN RI'lAD- -~TAT£ ROAD 25 SOUTHI'1LD, L.I., N.Y.
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3686
Application Dated October 27, ]987
TO: Mr. Frederick Raymes
24 Woodlot Lane
Huntington, NY 11743
[Appellant(s)]
At a Meeting of the Zoning Board of Appeals held on January l] ~ ]988,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X] Request for Variance to the Zoning Ordinance
Article XI , Section ]00-]19.2, and III, 100-31
[ ] Request for
Application of FREDERICK AND DIANE RAYMES for Variances to the
Zonin9 Ordinance, Arti%les: (a) XI, Section 100-119.2 for permission
to locate dwelling with a setback of less than 75 feet from existing
bulkhead along Gull Pond Inlet, (b) III, Section 100-31 for permis-
sion to locate dwelling with an insufficient frontyard setback, at
premises known as 704 Wiggins Lane, Greenport, NY; County Tax Map
District 1000, Section 35, Block 4, Lot 19.
WHEREAS, a public hearing was held and concluded on December lO,
1987 in the Matter of the Application of FREDERICK AND DIANE RAYMES
under Appl. No. 3686; 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:
1. The premises in question is located in the "A" Residential
and Agricultural Zoning District and is identified on the Suffolk
County Tax Maps as District 1000, Section 35, Block 4, Lot 19.
2. The subject premises contains a total area of approximately
14,326 sq. ft. with frontage of 115.0 feet along the west side of
a private right-of-way (extending off the south end of Wiggins Lane,
Greenport and with frontage along Fordham Canal of 127.06 feet.
The lot in question is a described parcel and is presently vacant.
'3. On or about September 28, 1987, appellants submitted an
application to the Building Inspector for the placement of a new
single-family dwelling and a Notice of Disapproval was issued by
the Building Inspector dated September 30, 1987 indicating the
requirement of action from the Board of Appeals under Article XI,
Section 100-119.2 for construction within 75 feet of wetlands and
(CONTINUED ON PAGE TWO)
DATED: January 26, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appl. No. 3686
Matter of FREDERICK & DIANE RAYMES
Decision Rendered January ll, 1988
Article III, Section lO0-31, Bulk
with reduced frontyard setback, as
Trustees under Chapter 97.
Schedule, for construction
well as action by the Town
4. The initial map submitted (to the Building Inspector)
was a copy of a portion of an undated survey prepared for
Charles and Helen King showing the proposed structure with
estimated setbacks and showing a tie line along a dredged canal.
5. By this application, appellants have applied under
the Provisions of Article XI, Section 100-119.2 for permission
to locate new dwelling, as more particularly shown on survey
dated November 10, 1987 prepared by Roderick VanTuyl, P.C. at
27± feet from an existing bulkhead at highwater line.
6. The setback from the front property line is proposed
at 35 feet, the depth of the house is proposed at 35 feet, and
proposed deck at 8 feet.
7. Article XI, Section lO0-119.3(B) requires all
buildings and structures located on lots adjacent to tidal
water bodies other than the Long Island Sound to be set back
not less than seventy-five (75) feet from the ordinary highwater
mark of such tidal water body, or not less than seventy-five
(75) feet from the landward edge of the tidal wetland, whichever
is the greater distance.
8. It is the opinion of this Board that as an alternative
the dwelling structure should be setback not less than 40 feet
to the existing bulkhead and allowing a reduction of the front-
yard setback to not closer than 20 feet. The subject parcel is
at a deadend right-of-way and a reduced frontyard setback is
more feasible. A reduction from the highwater mark to 27 feet
is very substantial and would not be in the best interests of
justice.
9. It is the opinion of this Board that:
(a) the alternative relief is not substantial in rela-
tion to those generally existing in the area;
(b) the alternative relief is substantial in relation
to the requirements;
(c) the circumstances of the property are unique as
to nonconforming lot size and width;
(d) there will not be an increase in population density
thus created by this variance;
(e) there is no other method feasible for appellants
to pursue other than a variance;
(f) the alternative relief is the minimal necessary
and is not out of character with the area;
(g) in view of all the above factors, the interests of
justice will best be served by denying the variance as applied and
granting the following alternative relief.
Page 3 Appl. No. 3686
Matter of FREDERICK & DIANE RAYMES
Decision Rendered January ll, 1988
Accordingly, on motion by Mr, Grigonis, seconded by
Mr. Goehringer, it was
RESOLVED, to DENY the relief as requested, and BE IT
FURTHER
RESOLVED, to GRANT the alternative relief for the con-
struction of a new s~-family dwelling structure in the
Matter of the Application of FREDERICK AND DIANE RAYMES under
Appl. No. 3686, SUBJECT TO THE FOLLOWING CONDITIONS:
1. Setback from the front property line along the
private right-of-way shall not be less than 20 feet;
2. Setback from the existing bulkhead at its closest
point shall not be less than 40 feet;
3. Sideyards shall be not less than 10 and 15 feet,
or 25 feet total, (pursuant to Article III, Section lO0-31,
Bulk Schedule of the Zoning Code).
4. Total lot coverage shall not exceed twenty (20%)
percent of the total lot area (pursuant to Article III, Sec-
tion 100-31, Bulk Schedule of the Zoning Code).
5. This action shall not include the approval of any
other (accessory) structures which may require additional
variances subsequently.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was
absent.) This resolution was duly adopted.
lk
GERARD P. GOEHRINGER, CHAIRMAN
January 25, 1988
: ! i :
-1
i
t-
HENRY P. SMITH
JOHN M. BREDEMEYER, Iii, President
'John Bednoski, Jr.
ALBERT KRUPSKI, JR, Vice-President
TELEPHONE
(516) 765-1892
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
January 26, 1988
Mr. Frederick Raymes
24 Woodlot Lane
Huntington, New York
11743
Re: Application No. 597 - 1000-035-04-19
Dear Mr. Raymes:
The following action was taken by the Board of Town Trustees during
their regular meeting held on January 21, 1988 regarding the above matter.
Moved by Trustee Bredemeyer seconded by Trustee Bednoski
WHEREAS, Frederick Raymes applied to the Southold Town Trustees for a permit
under the provisions of the Wetland Ordinance of the Town of
Southold, application dated October 15, 1987, and
WHEREAS said application was referred to the Southold Town
Conservation Advisory Council for their findings and
recommendations, and
WHEREAS, a public hearing was held by the Town Trustees with
respect to said application on January 21, 1988 at which time all interested
persons were given an opportunity to be heard, and
WHEREAS, the Board members have personally viewed and are
familiar with the premises in question and the surrounding area, and
WHEREAS, the Board has considered all the testimony and documentation
submitted concerning this application, and
WHEREAS, the Board has determined that the project as proposed will
not affect the health, safety and general welfare of the people of
the town,
NOW, THEREFORE, BE IT
RESOLVED that Frederick Raymes BE AND HEREBY IS GRANTED PERMISSION UNDER
THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO:
Construct a one family dwelling with a deck and tool storage building. Property is
located at 704 Wiggins Lane, Greenport. This permit is approved subject to the
prevention of any building debt is and/or run off during the construction phase and
the installation of dry wells for the finished house.
Frederick Raymes
Page 2.
This permit will expire on January 21, 1990 if work has
not commenced by said date. There are two inspections required and
the Trustees are to be notified upon the completion of the work.
Prior to the issuance of said permit by the Clerk, the applicant
shall file with the Clerk a certificate that he has public liability
insurance policies insuring against any liability which may arise
in the performance of the operations pursuant to such permit in such
amount as shall be fixed by the Trustees, which said policies shall
name the Town as a name insured. Please take further notice that
this declaration should not be considered a determination made for
any other department or agency which may also have an application
pending for the same or similar project.
PLEASE RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE
ANY TOWN PERMITS THAT MAY BE REOUIRED FOR THIS PROJEOT.
Please remit $10.00 fo~J Wetland Fees. Upon receipt your permit will be forwarded
~ Very truly yours,
John M. Bredemeyer, III, President
Board of Town Trustees
JMB: ip
cc: Commissioner Thomas C. Jorling, D.E.C., Albany
Robert A. Greene, D.E.C., Stony Brook
Stephen Mars, Army Corps of Engineers
Thomas Hart, Coastal Management
John Holzapfel, Chairman, Southold Town C.A.C.
Victor Lessard, Admin., Building Dept.
Planning Board
Board of Appeals
file
TOWN OF SOUTHOLD
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
WETLANDS PERMIT
ands Permit No .... .4..5..6. ........... has been granted by the Town Trustees according to
on furnished in Application No .... .5..9..7. ..... ~ ..... filed by Applicant ..F..r..e..d...e..r.i..c..k.....R..a.¥_..m..e..s. .........
......................... on ,, ?,,a,.~,..u. ]~ ~...,Z..~..; ..... 88
19 .......... A map of the proposed work will be kept
the Trustee Office under the application number given,
To construct a one famil dwellin .~.ilh..~..t~.¢~..and
anted to do the following work .................................................. ~. ............... g...
ol storage building. . .........................................................................
of property on which work to be done 704 Wiggins Lane, Greenport . ..
]y or Harbor fronting property ..,F.,o..r...d,h,a.m..~.o.n~lJ..~u].l..~.~n.d,, ..................... . ........................
'ork: Length 43 ft.
Width 52 ft.
Height Above High Water .............................................................................................
5'
Depth Below t. ow Water .................................................................................................
V:~rH<: tn Ha ~,/~-m/~t~H r)./a ....................
FoRM NO. 4
ToWN OF SOUTHOLD
BUILDING DEPARTMENT
office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No Z-17874
Date MARCH 22, 1989
ONE FAMILY DWELLING
GREENPORTf NEW YoRK
Hamlel
THIS CERTIFIES that the building
Location of Property 704 WIGGINS LANE
House No. Street
County Tax Map No. 1000 Section. 35 Block 4 Lot 19
Filed Map No. Lot No.
Subdivision
conforms substantially to the Application for Building Permit heretofore
filed in this office dated MAY llf 1988 pursuant to which
Building permit No.. 17045-Z dated JUNE if 1988
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is ONE FAMILY DWELLING WITH ATTA~RD DECKS AS APPLIED FOR AND
TO REQUIREMENTS ZBAAPPEAL #3686.
The certificate is issued to FREDERICK RAYMES
(owner)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROV~J~ 87-$O-241-JAN- 27f 1989
UNDERWRITERS CERTIFICATE NO. N-052848 - JANUARY 6f 1989
PLUMBERS CERTIFICATION DATED JAN. 10f 1989-K&K PLUMBING & HEATING
~Bu~ Inspector
Rev. 1/81
BOARD OF APPEALS:TOWN OF SOUTHOLD
In the Matter of the Application
of
FREDERICK RAYMES
CONFIRMATION OF POSTING
I, ~-(~'k~--~, being duly sworn, depose and
That on the Z~[f~ day of'.--~f'd~'~,z~199 ~, i personally posted
the property known as "704 Wiggins Lane, Greenport, NY"
by placi~he Town's official poster notice on
facing
the road side of the property, and that the poster has remained in
place at least five days prior to the date of the initial public
hearing.
Dated: September , 1994.
(signature'
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
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
September 20, 1994
Mr. Frederick Raymes
704 Wiggins Lane
Greenport, NY 11944
Re: Variance Application
Dear Mr. Raymes:
Please find enclosed a copy of the Legal Notice published by our
office in the Long Island Traveler-Watchman, Inc. and Suffolk Times
newspapers, which shows that the hearing is being held on
Wednesday, October 5, 1994 at the Southold Town Hall at the time
noted therein.
Also, you will find enclosed a Poster Notice which must be placed by
you, either on a stake and loeated in the front yard (road side) of
your property, or placed on the front of your dwelling structure
where it can be easily seen from the road. The poster must be
conspicuously loeated at this time sinee the Board Members are
planning to visit your area within the next several days.
Please complete the attached Confirmation of Posting, sign, and
return it to our office for our update and permanent file.
Very truly yours,
Enclosures
Linda Kowalski, Clerk
Board of Appeals
BOARD OF APPEALS:TOWN OF SOUTHOLD
In the Matter of the Application
of
FREDERICK RAYMES
CONFIRMATION OF POSTING
I, , residing at
I, , being duly sworn, depose and
say:
That on the day of , 199 , I personally posted
the property known as "704 Wiggins Lane, Greenport, NY"
by placing the Town's official poster notice on
facing
the road side of the property, and that the poster has remained in
place at least five days prior to the date of the initial public
hearing.
Dated: September , 1994.
(signature)
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:
DATE OF PUBLIC HEARING:
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 durin_a' normal
business days between the hours of 8 a.m. and 4 p.m.
BOARD OF APPEALS · TOWN OF SOUTHOLD · (516) 765-1809
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
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 17, 1994
Mr. Frederick Raymes
704 Wiggins Lane
Greenport, N. Y. 11944
Re: Appl. No. 4269 (Variance for Existing Shed)
Dear Mr. Raymes:
Please find enclosed a copy of the findings and determination
rendered Wednesday evening by the Board of Appeals concerning
your variance application.
Please be sure to return to the Building Inspector and any other
agency which may have jurisdiction for issuance of a building permit
and applications approvals for the existing shed. We have furnished
copies of the approval to the Building Department office for their
update and permanent recordkeeping.
Also, we have transmitted a copy of this file to the Suffolk County
Department of Planning in accordance with the Suffolk County
Administrative Code rules and regulations pertaining to projects
located within 500 feet of a waterway. Once we have received their
written response, we will forward a copy to you for your permanent
recordkeeping.
Very truly yours,
LiNDA KOWALSKI, Clerk
Board of Appeals
Enclosure
Copies of Decision to:
Town'Building Department
County Planning Commission
Page 8 - Transcript or'carings
October 5, 1994 Regular Meeting
MEMBER VILLA: I still question that 12 feet on the front line but
you feel it's not going to encroach anymore than 12 feet.
MR. CHAIRMAN: You said 13.
EDWARD HALPERT: I'll commit myself to the fact that it will not be
nearer than 12 feet to the property line on the Town Harbor Lane
side of the property.
MR. CHAIRMAN: Any other questions gentlemen?
MEMBERS: No, no.
MR. CHAIRMAN: All right. Hearing no further comment I'll make a
motion closing the hearing reserving decision until later.
Second.
All in favor?
MEMBER VILLA:
MR. CHAIRMAN:
MEMBERS: Aye.
MR. CHAIRMAN: We may have a decision for you tonight.
welcome to call us tomorrow if you don't want to stay
Halpert. It's a pleasure meeting you, Sir and --
EDWARD HALPERT: I'm very appreciative of your ( ).
leave these two letters.
MR. CHAIRMAN: Surely. Thank you.
EDWARD HALPERT: Thank you very much.
around Mr.
I want to
7:40 P.M.
AI~1~4~$9 - FREDERICK RA'Xqd~S.
Page 9 - Transcript of Searings
October 5, 1994 Regular Meeting
MR. CHAIRMAN: Variance from Article IIIA, Section 100-30A.4 (ref.
100-33) based upon the August 2, 1994 Notice of Disapproval for
approval of accessory shed building, as exists in the northerly side
yard area. Location of Property: 704 Wiggins Lane (with frontage
along canal of Gull Pond Inlet), Greenport; County Tax Map Parcel
No. 1000-35-4-19. The subject premises contains a total lot area of
14,316 sq. ft. {Setback of building when located in an area other
than a permitted yard must be determined by the Board of Appeals.)
I have a copy of the survey indicating the approximate placement of
the house which I believe at one time was the nature of the
application before this Board and highlighted in the northerly or
north westerly area of the lot is the shed in question which is
approximately 5 feet from that property line and I have a copy of the
Suffolk County Tax Map indicating this and surrounding properties in
the area. It appears that the shed is 8 feet wide and 8., 8 feet 6
inches in height and wood construction. Is there somebody that
would like to be heard concerning this application? Mr. Raymes is
not here.
BOARD SECRETARY KOWALSKI:
MR. CHAIRMAN: He is here.
sir?
Yes, he is here.
Oh! you are here.
How do you do
Is there something you'd like to state for the record?
FREDERICK RAYMES: I thought I had the permit from the
Trustees. This is why I built the shed before I had approval. I
located it at the same distance from the canal as the previously
authorized house variance and to the adjoining to the vacant lot
Page 10 - Transcript o~earings
October 5, 1994 Regular Meeting
which doesn't look like it's going to be developed in the future and
as far away from the private road as I could. I think it's in the
least ( ) position and in conformance with the main construction.
MR. CHAIRMAN: I have in the set of plans 8 feet. What is the
actual width of it? I know ---
FREDERICK RAYMES: 8 x 10 foot.
MR. CHAIRMAN: It's 8 x 10, all right. I didn't look at the other
side. Thank you. Are there any utilities in the shed? Electricity?
FREDERICK RAYMES: No.
MR. CHAIRMAN: No, strictly a storage.
FREDERICK RAYMES: Strictly.
MR. CHAIRMAN: Do the Board members have any questions of this
applicant ? Bob?
MEMBER VILLA: No.
MR. CHAIRMAN: Gentlemen? It looks like they're being kind to you
tonight. Is there anybody else that would like to speak either for
or against this application? Hearing no comment I'll make a motion
granting the application as it's applied for with the provision that
no future utilities be placed in the shed.
MEMBER DINIZIO:
MR. CHAIRMAN:
MEMBERS: Aye.
Second.
All in favor?
7:50 P.M. - Appl. No. 4270 - EILEEN FARRELL.
NOTICE IS HEREBY OIVEN~ par-
---- TOWN BO^RO o~ ^ppB^~.s
)
COUNTY OI~OLK )
~[~~~ of Mattituck,
in said Count, being duly sworn, ~ays that he/she i~
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Matfituck, in the Town of
Southoid, County of Suffolk and State of New York,
and that the Notice of which the annexed is a
printed copy, has been regularly published in said
Newspaper once each week for ] weeks
~c~vely, commet~)~g on the ~ day of
~RIS11NA
~ I~lblk=...~_tlte of Niw ~ Principal Clerk
No.
Notary Public
day o~ ~
~O. 1 (NOTICE~. ~'~R~ EBY
,,,GIVEN theOrem,ant to
r Section 276 of tbeTown Law
~ and the Code of the Town of
Southold, that the following
_. matter will also be held for
a public hearing by the
· Southold Town Board of
'Appeals at the Southold
Town Hall, 53095 Main
Road, Southold, New York,
11971, on WEDNESDAY,
OCTOBER 5, 1994, eom-
mencing at the time specified
below:
7. 8:05 p.m. App. No. 4272-
THOMAS FABB. Variance .~.
based upon the August 31/~''
1994 Notice of Disapproval
from the Building Inspectox
wherein applicant applied
for a building permit to
replace more than 50% of
existing dwelling, without an
expansion, and which permit
was disapproved under Arti-
cle XXIV, Section 100-243B
of the Zoning Code which
does not permit enlarge-
ment, reconstruction, struc-
tural alterations or move-
ment unless the use of such
building is changed to a con-
forming use. The subject
premises contains a total lot
area of 1.2+ acres and con-
rains the following noncon- t/co
formities: more than
single-family dwelling unit
on substandard lot in this
R-80 Residential 'Zone
District. Location of Proper-
ty: 1925 Naugles Drive, Mat-
tituck, NY; County 'lbx Map
Parcel No. 1000-99-4-22.
Tlie Board of Appeals will
'at said time mad. place hear.
~any and' all persons or
representatives desiring to be
heard intbe above matters.
Written comments may 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 any of the
above files or would like to/
request more information,
please do not hesitate to call
765-1809 or visit our office.
Dated: September 19, 1994
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P.
GOEHRINGER
CHAIRMAN
By: Linda Kowalski
IX- 9/22/94(14I ']~
COUNTY OF SUFFOLK
STATE OF NEW YORK
sS:
Patricia Wood, being duly sworn
says that she is the Editor, of ~
TRAVELER-WATCHMAN, a publi
newspaper printed at Southold, i
Suffolk County; and that the notic
of which the annexed is a print~
copy, has been published in sa~
Traveler-Watchman once each wee
for
.................. ~ ........... week
successively, commencing on th
Sworn to before me on thi
.... ~.~-.day of
Notary Public
8A~8~ l S~HNEtDE~
NOTARY PUBLIC, State of New York
No. 480684~
Qualified in Suffolk Coml~
Commission Expires
SEP 2. 3 199 ''
~,~OYICE OF
PUBLIC HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Code and the Town of
Southold, that the following
public hearings will be held
by the SOUTHOLD TOWN
BOARD OF APPEALS, af
the Southold Town Hall,
53095 Main Road, Southold-,
New York 11971, on
WEDNESDAY, OCTOBER
5, 1994, commencing at the
times specified below:
1. 7:30 p.m. Appl. No.
4255- ROBERT S. SEARLE.
(Continuation of Hearing
held August 11, 1994). This
is a request for a Variance
under Article III, Sectio~.~
100-32 of the Southold Town
Zoning Ordinance, based
upon the July 12, 1994
Notice of Disapproval from
the Building Inspector, for
permission to construct new
single-family dwelling and
deck at a reduced setback
from the front property line
along Private Road off East
End Road, Fishers Island,
NY; County Tax Map Parcel
ID No. 1000-7-2-8. The sub-
ject premises contains a total
;o~ area of approximately
3.16 acres with frontage
along two private roads, one
~,,o-ted at the north end and
the other at the south end of
this parcel. The Zone District..,.q
is ~x-.~0 Residential which
quires a minimum front yard
setback of 60 feet.
2. 7:35 p.m. Appl. No
4268- EDWARD AND
EVELYN HALPERT.
Variance from Article IIIA,
Section 100-30A.2C(1) (ref.
Section 100-31C(4-b) and
100-33C), based upon the
Notice of Disapproval (as
updated August 10, 1994) for
permission to locate tennis
court structure with 10 ft.
high fencing with insufficient
setbacks when located in the
front yard, and with fencing
exceeding the four-foot
height restriction under Ar-
ticle XXIII, Section
100~231A. Location of Pro-.,
perty: 2125 Town Harbor
~Laue, Southold, NY; Coun-
ty Tax Map Parcel No.
t000-66-1-31.
3. 7:40 p.m. Appl. No
4269- FREDERICK
RAYMES. Variance from
Article IliA, Section
100-30A.4 (tel 100- bas-
ed upon the August 2, 1994
Notice of Disapproval for
approval of accessory shed
building, as exists in the nor-
therly side yard area. Loca-
tion of Property: 704 Wig-
gins Lane (with frontage
along canal of Gull Pond In-
let), Greenport, NY; County
Tax Map Parcel No.
1000-35-4-19. The subjecJ/I
premises contains a total lot
area of 14,316 sq. ft. (Setback
of building when located in
an area other than a permit-
ted yard must be determined
by the Board of Appeals).
4. 7:45 p.m. Appl. No.
4270- EILEEN FARRELL.
Variance based upon the
August 22, 1994 Notice of
Disapproval from the
Building Inspector wherein
applicant requested a
building permit to construct
addition and alteration to a
nonconforming building
with a nonconforming use,
and which permit was disap-
proved under Article XXIV,
Section 100-243 of the Zorn;,.-I
ing Code which does not
permit enlargement
reconstruction, structural
alterations or movement
unless the use of such
building is changed to a con-
forming use. The subject
premises contains a total lot
area of 28,710+- sq. fi. and
contains the following non-
conformities: more than one
single-family dwelling on a
substandard lot; nonconfor-
ming easterly side yard. The
following expansion is pro-
posed: new addition which
will increase the floor area,
and proposed deck addition.
Location of Property: 760
Great Peconic Bay./
Boulevard, Laurel, NY;
County Tax Map Parcel No.
1000-145-2-7; also shown on
the Map of Dudley Park fil-
ed September 17, 1928 as Lot
3.
5. 7:50 p.m. Appl. No.
4271- JEAN and LOUIS
WALTERS, JR. Variance
based upon the September
13, 1994 Notice of Disap-
proval from the Building In-
spector wherein applicants
applied for a building permit
for an accessory deck, as ex-
ists around swimmingpool
structure, with an insuffi-
cient southerly side yard set-
back. Location of Property:
1450 Boisseau Avenue,//'
Southold, NY; County Tax
Map Parcel No.
1000-55-6-22.
6. 8:00 p.m. Appl. No.
4273 RUSS L'HOM-
MEDIEU (as tenant and
resident). Variance based
upon the August 25, 1994
Notice of Disapproval from
the Building Inspector
wherein applicant applied
for a building permit to alter
an existing one-family dwell-
ing with an expanded home
occupation carried on in an
area exceeding 500 sq. ft. of
floor area. The subject
premises contains a lot area
of 30,625 _+ sq. ft. and is im-/~
proved with a single family
dwelling, occupied by the ap-
plicant's home office. Loca-
tion of Property: 1450
Boisseau Avenue, Southoldi
NY; County Tax Map Parcel
No. 1000-75-2-3.1.
The Board of Appeals wilt
at said time and place hear
any and all persons or
representatives desiring to be
heard in the above matters.
Written comments may 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 any of th~ ,~C.~
above files or would like to..." ~'
request more information,
please do not hesitate to call
765-1809 or visit our office.
Dated: September 19, 1994
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P.
GOEHRINGER
CHAIRMAN
By: Linda Kowalski
1X-9/22/94(10) ,z i "~
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
BOARD OF APPEALS
TOWN OF SOUTHOLD
August
TYPE II ACTION DECLARATION
Appeal No. 4289
Project/Applicants:
County Tax Map No.
Location of Project:
Frederick Raymes
1000~5-4-28.24
704 Wiggins Lane,
Greenport, NY
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
18, 1994
Relief Requested/Jurisdiction Before This Board in this Project:
Shed (as exists) in the sideyard area
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; 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.
mc
JUDITH 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:
FROM:
DATE:
RE:
Zoning Board of Appeals
Office of the Town Clerk
August 18, 1994
ZONING APPEAL APPL. NO. 4269 - FREDERICK RAYMES
Transmitted herewith is ZONING APPEAL APPI_. NO. 4269 -
FREDERICK RAYMES together with a photo of the property, the
Notices to Adjacent Property Owners, the Notice of Disapproval
from the Building Department, a copy of the Application for Building
Permit, the Short Environmental Assessment Form, the Zoning Board
of Appeals' Questionnaire, the Certificate of Occupancy, a letter from
the Board of Town Trustees dated January 26, 1988, the Wetlands
Permit, a drawing of the proposed plan, and a copy of the Survey
Map.
Judith T. Terry
Southold Town Clerk
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.'
NOTICE OF DISAPPROVAL
To Freder±ck Raymes
704 Wigg±ns Lane
Date .... August 2
....................... 19 94
PLEASE TAKE NOTICE that your application dated J,u.l~, 8
.......................... 19 94
for permit to constr~.c.~.o~.c.~.o?y, b. uilding (shed) (as exists)
LocationofPropertv 704 W±~g±ns Lane Green orr
House NO. ' ................ . ........
Strett Hamlet
Couaty Tax Map No. 1000 S~ction ....... ~5 Block 4 · 28.24
nea~ ...... Lot
· . ......... p ..~ Section 3
Subdivisio~.a[~..o.~ Cleaves . ~v~I~'Map No. r ............... Lot No ..................
is returned herewith and disapproved on the following grounds ...............................
.A.c.c.essoz-y building ~or storage purposes located
............ r-~ .......................................... in a aide' yard
area. A~'ticle ZII. A Section 100 30A 4 (re,F 100 33)
..... ;": ........... ' ....................
· ~]~; ired'by Bo 'Trustees .....
.:-..ti.on eq ~'d' o ~ ' ~o'w'~ ''
· .. . s~. nuil~' ~bZ<'c~g~ .......
· ,.-, Thomas d. Fisher
RV 1/80
617.21
Aopandix C
~ Fm~amental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
~ UNLISTED ACTIONS Only
PARlr I--PROJECT INFOR~TIOI~ (T~ ~ by A~plica~t or Project sponsor) '
7. AMOUNT OF LANO AFFECTED: ~ ~"~ ,~ ~1 ~ ~,.~'"--1~
Initially acres Ultimately acres
9. ~.1~' IS PRESENT LAND USE IN VICINITY OF PROJECT?
esiclentlal [] Industrial [] Commercial
[] Agriculture
SEQR
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAI~N
11. DES 4N~F~ ~ECT OF TH~/~'~'~,D'~ HAVE A CURRENTLY VALID PERMIT OR APPROVA ~
to-g.7- --
II ~t=f~ar; 'ITIHI~T ~ i~RB~I~,3~ION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
If the action is ia the Coastal Area, and you are a state agency, complete the
Coastal Assessment Fmllt before proceeding with this assessment
OV£R
~ (Continued on reverse sid. e)
The N.Y.S. Enviro~nmental Quality Review Act requires submission
of this form, and an environmental review will be made by this board
before any action is taken.
SEIORT ENVIRONMENTAL ASSESSMENT FO~
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically'alter more
than 10 acres of land? __Yes ~___NO
2. Will there be a major change to any unique or
unusual land form on the site? Yes
3. Will project alter or have a large effect on
an existing body of water? Yes
4. Will project have a potentially large impact on
groundwater quality? Yes
5. Will project significantly effect drainage flow
on adjacent sites? · Yes
6. Will project affect any threatened or endangered
plant or animal species? Yes
7. Will project result in a major adverse effect on
air quality? Yes
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas ~o
known to be important to the community? Yes
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontological
importance or any site designated as a critical
envircamental area by a local agency? Yes
10. Will project have a mkjor effect on existing or
future recreational opportunities? Yes
11. Will project result in major traffic problems or
cause a major effect ~o existing transportation
· systems? Yes
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result Of the project's operation? _.__Yes
13. Will project have any impact on public health
or safety? Yes ~
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year Yes
period or have a major negative effect o~ the
charact~-~ of the community or neighborhood?
15. Is there public c~roversy concerning the
project? ~ o ' ' 'Y Yes NV~o
QUEST_~CI~AIRE
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
s~bject premises and a description of their inter~sts:
(Separate sheet ~¥ be attached.)
B. Is the su~jec~ premises l£ste~ on the real es~a~e mar~e~
; sa~e or being shown to prospective buyers? { } Yes
(~} No. (~f ~as, pl~se ar~,h c~y o~ "condit~n~,, of
C. _Are the~/=ny%~r~po~als tm~nge~rr ~lter lan~
{ } Yes ~} No .
D. 1. Are there any areas which contain wetland grasses?
2. Are the wetland areas shown on the map submitted wi~h
this application?
3. Is the prouerty bul~heaaed between the wetlands area and
~e upland building area?
4. your property contains w~ or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction.
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? ~ ~ (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or
which e~st and are not ~hown ~n the survey map that you a~a
submitting? ~O If none exist, please state "none."
· G. Do you have any construction taking place at this time
concerning your premises? ~ ~ If yes, please submit.a copy
of Your~uildi~g pern~it and map as approved by the Building
Departed_ut. If none, please state.
H. Do ~ou 9r_a~y co-owner alsd own other land close to this
parcel? ~ O If yes, please explain where or submit copies
of deeds. '
I. Please list p~essnt use or ~perations conducted at this
parcel ~.~ m~-~.~¢~ and
proposed use ~ ' - -
3/87, 10/901k
an~ Date -
§ 97-13
WETLANDS § 97-13
TOWN -- The Town of Souchold..
TRUSTEES __ The Board of Trustees of the Town of
Sou~hold. [Added 6-5-~4 by L.L. No. 6-1984}
'~E'~"--k-\~DS [Amended 8-26-76 by LL ~o. 2-197~; 3-26-
A. I~DAL WETLANDS:
(1) All lands ~enerslly covered or inmrmi:ten~ly cov-
ered with. or which border on. tidal wa~. ar lands
lyin~ beneath tidal waters, which at mean low tide
are covered by tidal waters ~ a maximum depth
five (5) feet. includin~ but no~ limited ~ banks.
bo~s. salt marsh, swamps, meadows. ~ or o~her
low lyin~ lands subject ~ tidal action;
(2) All banks, hogs. meadows, fl~ and tidal m~rsh
subject to such tides and upon which grows ar
grow some or any of the followin~ salt hay. black
~ss, saltwort, sea lavender. ~11 cord~nss, high
bush. cnt~ils, groun~eL m~s~nlt~w ~d
(3) Ail ~d immedinte~ud~ncent~ ~ tidal ~t~nd
defined in Subsection A~2) ~nd lying within seven-
ty-five (75) feet landward of the most landward
edge of such ~ tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined [n Article 24. Ti-
tie L ~ 24-0107. Subdivisions l(a} to l(d) ~nclusive.
of the Environmental Conservation Law of the S~te
of New York: and
(2) All land immediately nd~ncen~ ~o o"freshWater
no. as dehned n Subsection B(1) ~nd lying ~vith-
~n seventy-five (75} feet la~dwnrd of tke most land.
ward vednnd.
edge of a "freshwa:ar ~ "
9705 z. 2s. ss
(~) COUNTY OF SUFFOLK T~,.~ $.__OUTHCX*~D
Real Property Tax Service AgencYl,u-,Ma,' '1
R--40
R -80
HD
HD.
R--80
RECEIVED OF:
FOR:_ /(~,~t_t'~-~-'~'~'
· JUDITH T. TERRY, TOWN CLERK
Town of Southold
Southold, New York 11971
Phone: 516- 765 -1801
RECEIPT
DATE Il jcl< ~:, ~ ·
-5~665
[] CASH
~CK :~/
BY:
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTtCE:
1. T~tention of the undersigned to petition the Board of Appeals of the Town of $outhold
to request a~Variance)J~pecial Exception) (Special Permit) (Other) [circle choice]
2. That thc property which is the sub ect of the Petition is located adiac..e4st to your property andjs des-
7- ' - '-' -
.)
3. That the property v~ich is the subiect of such Petition is located in the follow.lng zonimz district:
/
fi 4 'hatd'~ suchPelition, thet, ndersi,nedwillreques, thefol[owin, r~Uef: ~~ O~
5. That the provis2~nff~'of the Southold Town\Zoning CoCg appli~.able,t~ the red ef sought by the 'undll:r-
[ ] Section 28~, New York Town Law for approval of a~s ~err~'ght(s)-of-way.'
6. That within five days from the date hereof, a written Petition requesting ~he 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. 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 b~heard at such hearing.
Dated: \
Petitioner
Owners ~ Names:
Post Office Address
Fred Raymes
T0-~ Wiggins Lane
Tel. No. (31¢) ~r.7,:7 gl7
[Copy of sketch
purposes.]
or plan
showing proposal to
be atta~c,~d fO# 'c~nvenience
NAM~
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
Z 760 494 007
,.Receipt for ·
Certified Mail
No Insurance Coverage Provided
Do not use for International Mall
~(See Reverse)
Z 760 494 005
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
Z 760 494 006
.Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See
[
, being duly sworn, oeposcsan says that on [he J day
i9 ~_~___, deponent mailed a [rue copy of the Notice set forth on the re-
; the' above-named persons at the addresses set opposite theif r~pective
te the names of said persons are the addresses of said persons as shown on
)wn of Soulhold; [hat said Notices were mailed al the United Slates Pos~ Of-
;[ha[ said Nolices were mailed to each of said persons by
day of .z~c~.~,-r , 19 ~
(This side does not have to be completed on form transmitted to adjoining
property owners.)