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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.)