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HomeMy WebLinkAbout4275 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 DATE OF ACTION: November 2~ 1994 APPL. #4275. APPLICANT: Rene Matos (Jennifer B. Gould, Esq.) LOCATION OF PROPERTY: 180 Carole Rood Southold, NY. COUNTY TAX MAP DISTRICT 1000 SECTION 52 BLOCK 2 LOT 6. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 8129/94. "Accessory buildings shall be located in the required rear yard." PROVISIONS APPEALED FROM: Article III~ Section 100-30A.4 RELIEF REQUESTED: 8' x 8' accessory shed in the southerly side yard with a setback of 7'6" from the southerly property line (along land of Smulcheski). The shed will be as close to the dwelling as possible and will not protrude into either the front yard or the rear yard, as shown on the sketch submitted with the application. MOTION MADE BY: James Dirdzio, Jr., Member SECONDED BY: Gerard P. Goehringer, Chairman-Member ACTION/RESOLUTION ADOPTED: Granted side yard location of an 8' x 8' accessory shed with a setback at seven (7) feet (or 7'6") from the southerly property line. Shed shall not protrude into the front yard area. REASONS/FINDINGS: Unusual size and dimensions of the land, together with established nonconforming rear, bulkhead, and front yard setbacks of preexisting dwelling structure, having existed for more than 35 years, lend to difficulties in conforming with a rear yard or front yard location while meeting the principal setback provision of the zoning code at Section 100-33C. No alternative is available. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Richard A. Wilton, Member Gerard P. Goehringer, Chairnmn-Member Absent: Robert A. Villa (out-of-state). was adopted (~0)~..~-~~~ ~ ~// This resolution duly -~ J ~ lk / GERARD P. GoEgRINGER, CHA~I{MAN ~gCEIVED AND FILED BY ~,:, soupcons) TOV~N c~.~.~: ~wn Clerk, Town of Sout~old 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 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 Mnin Road, 11971, on WEDNESDAY, NOVEMBER 2, 1994~ times specified below: Southold, New York commencing at the 1. 7:30 p.m. Appl. No. 4275 - RENE blATOS. Request for a Variance under Article IIIA, Section 100-30A.4 (ref. 100-33) for permission to locate shed as an accessory building in the southerly side yard area, rather than the required rear yard, at premises known as 180 Carole Read, Southold, NY; County Tax Map Parcel No. 1000-52-2-6. The subject premises is a substandard parcel containing approximately 5,500 sq. ft. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals. ) 2. 7:35 p.m. Appl. No. 4276 - DALE and STACEY WAGNER MOYER. Request for a Variance under Article XXIV, Section 100-244B for permission to build addition to existing dwelling with a reduction in the northerly side yard setback to less than the Page 2 - Legal Notice Southold Town Board of Appeals Regular Meeting of November 2, 1994 required 15 ft. minimum at premises known as 650 Bay Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-143-3-12. The subject premises is a substandard parcel containing 24,768 sq. ft. total lot area. 3. 7:40 p.m. Appeal No. 4277 - MICHAEL and KATHLEEN RICHTER. Request for a Variance under Article IIIA, Section 100-30A.4 for permission to locate, as built, an accessory storage building with a setback at less than the stipulated ten (10) ft. setback from the northerly side property line, at premises known as 370 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-6-18. (Setback, when located in a yard area other than a rear yard, shah be determined by the Beard of Appeals.) 4. 7:45 p.m. for a Variance locate accessory Appl. No. 4274 MARY ANN GREFE. Request under Article III, Section 100-33 for permission to storage building, as built, in the side yard area, at premises known as 395 Tuthill Read, Southold, NY; Lot #25 at Yennecott Park; County Tax Map Parcel No. 1000-55-4-3. The subject premises contains approximately 32,700 sq. ft. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Beard of Appeals. ) 5. 7:50 p.m. Appeal No. 4279 - JOAN LATHAM (Owner). Request for a Variance under Article IIIA, Section 100-30A.3 for permission Page 3 - Legal Notice Southold Town Board of Appeals Regular Meeting of November 2, 1994 to relocate an existing dwelling with addition in line with the existing rear yard setback line at 30 feet, which is nonconforming with the present rear yard requirement of 35 feet. This parcel is a corner lot with two front yards, contains a total lot area of approximately 17,500 sq. ft., and is known as 50 Rogers Read, Southold, NY; County Tax Map Parcel No. 1000-66-2-18. 6. 7:55 p.m. Appeal No. 4278 - OWEN MORREL. Request for a Variance under Article III, Section 100-33 for permission to construct accessory .garage building in an area other than the required rear yard. This parcel contains five acres of lot area, known as 495 Paddock Way, Wolf Pit Pond Estates Lot #11, Mattituek, NY; County Tax Map Parcel No. 1000-107-4-2.10. The subject premises is located in the Agricultural-Conservation (A-C) Zone District. 7. 8:00 p.m. Appeal No. 4280 - JOHN H. MULHOLLAND. Request for a Varianee under Article IIIA, Section 100-30A.3 for permission to construct addition to dwelling with a setback at less than the required ten (10) feet from the easterly side property line, at premises known as 715 Island View Lane, Greenport, NY; County Tax Map Parcel No. 1000-57--2-24. The subject premises is a substandard lot containing 17,011 sq. ft. total lot area. Page 4 - Legal Notice' Southold Town Board of Appeals Regular Meeting of November 2, 1994 Indian Neck 1000-86-7-4. aPeao 8. 8:05 p.m. Appeal No. 4281 - KATHLEEN VARANO. Request for Variance under Article XXIII, Section 100-235B, and Article III, Section 100-32 (Bulk Schedule) for insufficient area of lots, as proposed and modified from prior Decision of the ZBA rendered May 2, 1985 under Appeal No. 3330, and request for a Variance to establish building envelopes for future construction since the setbacks shown do not comply with the principal setback requirements for this R-80 Residentiai Zone District. Location of Property: 6600 Road, Peconic, NY; County Tax Map Parcel No. Subject premises consists of 5.3+- acres in total The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments 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 woold like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated October 17, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORM NO. 3 · TOWN OF SOUTHOLD BUILDING DEPART~ENT TOWN CLERIC's OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL County Tax Map No. lO00 Section .... .,~..'~.~.. .... Block .... ~. ....... Lot .... ~.. ........ Subdivision ............ Filed Map No ..... · ...... Lot No is returned herewith and disapproved on the foll~-..:-,,, . / L. ~ · /~_~ ~ ~_ ~ ~ . ~,~,.~ o~ou~.~... ~~.~ ~ ~ ~ ~ ,~..~ ... ~..%~ .... ~..~~ , '~'~ ~.~.=, ....... ~~.. :~.. ~ .. .... ~ ......... .~~ .... ~~. ~ ~' ~.' ~ . :~~:.~.~~ ....... ~ ~ .... ~ RV 1/80 DEPT. ~ o~ ~9U~oto I Exanfined ................. ]p... ^PP~'oved 19 Permit No ' Disapproved' a/c FORM NO, 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 APPLICATION FOR BUILDING· PERMIT gba;o or ,s. ur,t ........ SURVEY t:OT; Fy: HA ! L ' Date Aqgg.s.~; .8. ........ ., 199.4.. '* INSTRU~I'IONS a. This application must be completely Idled in by typeWriter Orin ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises ot public sti'Cets or areas, and giving a detailed description, of layout of p .mpetty mu~t be drawn on the diagram which is part of this appli- cation. · . c. ' The work covered by this application may fi~t be comm~need before Issuance of Building Permit.. do Upon approval of this application, the Building Insp6ctor will iSSued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspectio~ throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate'of Occupancy. shall have been granted .by the Building InSpector. · ' APPLICATXON IS HEREBY MADE to the Building Depa-"tmetR fo~' the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of South01d, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of.buildings, additions or alterations, or for removal or demolition, as herein describ;-d. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspe~ /S~,,-o* ....~ _:C,_:E; :' .... : ................ · . ,,~ .... ,? u, ~ppu~ant, or name, ]fa corporation) P.O. Box 237 East Se'tauket, NY 11733 S~ate whether applicant is Owner, lessee, 'agent, architect, engineer, genera~ 'contractor, electrician, plumber or builder. Owner · Rene Matos ' Name of owner of premises · ' (as on the tax roll or latest deed) If applicant is a corporation ........... , Signature of duly authorized officer.' · ' (Name and title of coq)orate officer) Builder's License No. Plumber's License No. Electrician's License No. Othcr Trade's License No .... I. L°cationoflandonwhichproposcdworkwillbc.~onc. ~..~Tp.l.e. Roa.d., South~ld, .N;ew York 11971 5 C~role Road ....... ~ .... ; ...... · House Number So. uthold, .N.Y. · Street ' : Hamlet County Tax Map No. 1000Section: :9.52.00 . ?.2.00 : . ' ' ............ Block · 006. 000 Subdivision . .A. rshamomaque - · ..... r.ot ................... ........ )' .............. '. Filed Map No. n./..a Lot . n/a (Name .. ........ .. '; State existing use a-~ · · ' .u occupancy of premises and intended use and Occupancy of proposed ;onstruction: a. Existing usc and ~.in~le family dwelling ' occupancy · b. Intended usc and occupancy .s.i.n~le ~amily dwelling with ac~es'sory shed · 3. Nature o£ work (check which applic . . . ' Repair ........ o._ able). New Buildm · ...... ',umOvat .. g,., .......... Add/t' n · ', .. ~C~oJtijOR .... ; ....... 4. ~iimaicd Cost .. ~/~ .[~$~..&;~.a p~e-~ab ~ood shed ' -. Or.her Work. ~..~. .................... Fee . ~35...Q~. . (Dcscrip[io 5. ]f dwelling, numbe--~', .. ' . /~ga~-c . · u~ uwe/ling Units ..... (to be paid on ~]in ' , · 6 ~e~ .~ ,numocrofc~ .... · ........... . Numbcr~r.~- .,.. . gth/sapphca{,~.) 7~ ~,ousm~, C~mercial or mixeL'~ ......................... ~-~wcmng units on each floor ...... ~u~enstons ot ex,tin, st-,-,~ ~ ~Ccupancy, speedy nat,,c ..a ~ ........ ' ............... ' ..... n?ght ...... ~... ~ ,-~ures, fishy: Front .~..a~a"~~h type or use . ' ............ · D~ensions offs- -~ L' t~umber ofgtorles .... ' ......... Rea~ . .~ ....... ~ '~ ............ -' --urauona Or ~dJtJon~. ~ ' ' ~ .... ~, t ............. ' ........ ...... rrO~ · · Dcpth .... :. ................. HeiSt ........... . ...... : ................ Rear .. :::: ......... 8. Dimensions of entire new const~ · · N ..... · Hetght. ~ .~ - .. Chon. Front .... ~ ) .... Um~r of Sm~ ........ 9. S~zeoflot:Fr~t ...... ~UmbcrofSto~es.. '~} ......... Rear...~. ' ...... ~":..~.:.'.. ...... 10. n~,,-~ _- ....... ~... . ~' ...... = ...... ' ....... uept~ .~, ~"~ utrU. rc~se · · · ~-2~=9'~ ......... a~ear ...~ ' ........ ~ .............. . ~ ......... 11. ~one or use d~strict in ""-"~ .... ~ ....... ' ........ N~' ~' ........... Dcoth Io~. ~']' '[~' ~..... 12. Does propo~d Constm-*=- ?~mzses arc muated .~r~ 0. · rO~er Owner . ~... ~9or-Jank6~%~l~.. ~-on vtotate any ZOmng law ~-af-~" ............ ; ....... ' ............ ~: ..... 13. WR110t be regraded . .q9...:... , ---mance or regulation: ... ye~" .................. ... 14. N~eofOwnerofprem~es ~"~E:OS ......... Willexce~ · · .................. ~e o~itect .......... ' ..... ,...~ .... Addrc~ ~,q ~J~%ovcd from premises: '~ .~x~.~roperty richlY' ~' ~L' L'' '. ....... Addre~ ...... '~"~'~. Phone N ....... ~. t. Locate cle~ly ~d dls~nctly~l build~, W~e~er ~sting or Proposed, ~d. indicate ~ set-back d~enSions fro, ?Ope~ ~n~. Give s~et . m~e~or or corner loL ~d block number or de~c~p~on accotd~g ~o deed, and ~ow Street n~es ~d indicate wheth: {bccrfed o~ ;TATE OF NE%~YOJ-L~ ,.- . . :ou/~r~v OF. ~.~.'t'fd}..~.. s.s . ..... Ketoe .... ...... . bo,~ ~am~d~m~ °~,~lLi~i~ Lom;~ij ......... b~i~g duly SWOrn. deposes ~d Says that he is the applicant · ' ' .' · ' ' . ' · smd owner o- - . (Contractor ..... ' ....' ........ '.. ' to before me this r set ~orth in ll~e apPlicalion fil,,~ :~ "~ ?!st orhis ~owlcd~e a-~.~ and file :his '. ................... :..dff .. ' . i- '~v~,bii~... ... ~" ' ' 3" ,~;l./ -. .. · ~ ~~ .. , . ~.~ ........... RECEIVED 1994 ,ow. oF ,O.T.O,.. Southold Town Clerk ~ ~- 7 0~' APPEALFROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ('AZe) ..... .~...e..z).~...~.~.9.~ ..................................... of ....~.~O.....~.O.~..~.~2. ........................................... Nome of Appellant Street and Number ........ ~.9..s..~....S...e.~..a..u..~...e.~. .............................. ..~..~.~...¥.~3;~, ............................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..... p...o...~ ....................... DATED .....8.=.2.,9..'C.9...4. .................................. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ( (x) Rene Matos Name of Applicant for permit of P.O. Boxx 237 ~.ast Setauket, New York 11733 Street and Number ' Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY Permit to construct an accessory shed in side ~;ard. LOCATION OF THE PROPERTY ............. Street /Hamlet / Use District on Zoning Mop District 1000 Section 52 Block 2 Lot6 . _ ................. ~.burren~ 0wner Map No. .Lot No. Prior Owner Re'ne Matos J. Moor-Jankowski 2. PROVISION (SI 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 IIIA Section 100-30A.4, 100-33 Zone District is R-40' 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordim3nce or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62 Cons. LaWs Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ({~s~(has not) been made with respect to this decision Of the Building Inspector or with respect to this property. ' Such appeal was ( ) request for o special permit [ ) request for o variance and was made in Appea! No ............................ ;...Doted .............................~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (x) is requested for the reason that Please see attache~ statement. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because CHARACTER OF THE DiSI KIC'I' because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF NEW YORK ) )' ss COUNTY OF Su"~'~OIIC- ) Signature Sworn to thi~' ,~O't'l~ day of........~.....~..,m9'i~ ............................................................................................... REASO~ FOR APPEltL 1. STRICT APPLICATION OF THE ORDINANCE would produce difficulties or unnecessary HARDSHIP because: Mri Rene Matos, of a single family intersecting County dwelling is one of eight dwellings on Carole Road. practical the Appellant in this proceeding, is the owner home located on Carole Road, a private road Road 48 in Southold, New York. Appellant's pre-existing non-conforming residential The rear of the Matos property abuts Arshamomaque Pond, however it is separated from the Pond by a 6.5 foot high concrete bulkhead. As the attached survey indicates, Mr. Matos' lot is less than 20,000 square feet. Under Southold Town Code setback requirements, Appellant is prohibited from constructing the proposed shed in either the front, side or rear yards. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because: An area variance would not produce an undesirable the character of the neighborhood or a detriment change to to nearby properties. Of the eight residential dwellings presently located on Carole Road, four of them have attached garages and one has a shed adjoining the building in the side yard. Moreover, the homes on Carole Road were built in close proximity, with not more than ten (10) to twenty (20) feet between them. If Mr. Matos is granted a variance, construction of the proposed 8' by 8' shed in his side yard would still leave a distance of approximately ten (10) feet between the shed and the property line of his southerly neighbor, Joseph Smulcheski. Mr. Matos seeks to re-assemble a shed which previously abutted the southern wall of his home for a period of at' least ten (10) years. As the attached surveys indicate, this shed was located on the subject premises from October 21, 1983 until November 19, 1993. However, it was disassembled and placed in storage prior to his taking title to the premises from J. 1993, because it did not have Occupancy. Appellant will benefit Moor-Jankowski on December 22, the required Certificate of by an area variance in that it will afford him necessary storage space for garden tools, lawn equipment, and patio furniture. Since Appellant's dwelling is a single frame structure of approximately 600 square feet with no basement, there is no means other than an area variance for creating additional storage space on the premises. The requested area variance is not substantial in that the proposed construction will occupy sixty-four (64) square feet. The shed can be re-assembled on an existing located at the top of Applicant's asphalt survey for the proposed location.) concrete slab which is driveway. (See attached Moreover, there will be no adverse impact on the physical or environmental conditions of the neighborhood. As mentioned above, there are eight pre-existing non-conforming dwellings on Carole Road, five of which premises. For all of the reques~ that have attached garages and/or sheds on the foregoing reasons, Appellant respectfully the Southold Town Board of Appeals grant his request for a variance from the Article IIIA Section 100-30A.4, 100-33 of the Southold Town Code. Rene Matos, Appellant '- _~v'~i:~~ ' 'TOwN'OF'souTHoLD P~opERTy RECORD CARD OWNE~ ~ FORMER OWNER,~, ~'~ ~/4/~O~d[/~'~ STREW, I 0 VILLAGE DISTRICT SUB. LOT '- · , , ~ f ~ ', -i LAND IMP. TOTALV / , DATE ,R"~M~RKS TYI~E OF BUILDING CB. J MISC. Est. Mkt. Value BUILDING CONDITION BELOW Value Per Acre Value FRONTAGE ON ROAD BULKHEAD DOCK FRONTAGE ON WATER AGE NEW NORMAL Farm ~ Acre Tillable 2 Tillable. 3 Woodland Swampland .., _ ] ~BOVE M. Bldg. ~ ~' ~( ~ ~" ~ 7 z ~ ~ D t~ ~ ~ndation ~ ~ Both ~tension Basement ~ Floors Extension ~t. Walls ~ interior ~in~sh ~enslon Fire Place ~ ~ Heot ~*c~F /~ ~ ~ / ~ ~/0 ~ Pomh Roo~ 1st Floor Bmezew~ Patio Rooms 2nd Flor Garde :, ,~ Driww~ Dormer DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN ~4. JONES, A.LC.P. DIRECTOR OF PLANNING November 22, 1994 Town of Southold Zoning Board of Appeals Main Road Southold, NY 11971 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) Fabb, Thomas Grefe, Mary Anne Matos, Rene ~/ Moyer, Dale & Stacey Wagner Arnold, Anne L. Morrell, Owen Latham, Joan Mulholland, John H. Varano, Kathleen 4272 4274 4275 4276 4277 4278 4279 4280 4281 Very truly yours, Stephen M. Jones Director of Planning GGN:mb s/$ ~ Chief Planner 220 RABRO DRIVE · P,O. BOX 6 $ OD · HAUPPAUGE. LONG ISLAND, NY I 1788~O99 · (516) 853-5192 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 November 30, 1994 Jennifer B. Gould, Esq. 828 Front Street P.O. Box 177 Greenport, N.Y. 11944 Re: Appl. No. 4275- Rene Matos (Variance for Shed) Dear Ms. Gould: 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 projects 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, Lucy Farrell Enclosure 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/ Pursuant to Article X/V of the Suffolk County ~%datinistrative Code, The Board of Appeals of the Town of Southold, New York, :hereby refers the following to the Suffolk County Planning Cu~Hssion: XX Variance from the Zoning Code, Article III , Section 100-30A.4 __Variance from Determination of Southold Tow~ Building Inspector ~Special Exception, Article , Section __ Special Permit Appeal No: 4275 Applicant: Rene Mates Location of Affected Land: 180 Carole Rd., County Tax Map Item No.: lO00- 52-2-G Within 500 feet of: XX XX Comments: ~pies Southold, 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 er Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Applicant is requesting permission.to construct an accessory in th~ side yard area. of Town file and related documents enclosed for your review. Dated: November 15, 1994 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 November 15, 1994 Jennifer B. Gould, Esq. 828 Front Street P.O. Box 177 Graenport, NY 11944 Re: Appl. No. 4275 - Rene Matos (Variance for Shed) Dear Mrs. Gould: Please find enclosed a copy of the determination rendered by the Beard of Appeals at our November 2, 1994 Regular Meeting and filed today with the Town Clerk's Office concerning the above applica- tion. A copy of-,this determln~tion has also been furnished to the Southold Town Building Department pert~inlng to your peoding building permit application request. However, it will be necessary for you (or the owner) to eantaet the Building Department (765-1802) to be sure your application request is returned to their re-activation rack. Also, due to the proximity of this prejeet within 500 feet of a waterway, State or County Road, we have transmitted copies of the variance file to the Suffolk County Department of pl~nnlng for their determination as required under the County's Administrative Code.' Once that agency has finalized its review and forwarded its comments to our office, we will transmit a copy of the same to you. If you have any questions, please feel free to call. Very truly yours, rJnda Kowalski lk Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning BOARD OF APPEALS:TOWN OF SOUTHOLD ................................... X In the Matter of the Application of RENE MATOS OCT 2 51994 CONFIRMATION OF POSTING I, ~AO~ ~t~-fOS ., being duly sworn, depose and say: That on the ~ ~-~day of October, 1994, I personally posted the property known aa "180 Carole Road, Southold, 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 to seven days prior to the date of the public hearing noted thereon to be held November 2, 1994. Dated: October Jq , 1994. : from the rest. ;I craftsmen. Only the finest, most durable ~oth are long-lasting and will maimain their ized screws. These screws will insure your The Mini Barn Another very popular model, which will ~urely complement the natural landscape of your properly, Like other models, the double doors are 5' wide and 6' high which will accommodate ever~hing from tools to heavy lawn & garden tractors. riage House OUr most popular model. An excellent 'on location sales office', pool house, or general storage are for your home. A beautiful way to meet your storage needs. Single or double doors are available on ALL MODELS. PUBLI~ NOTICE IS HEREBY GIVEN, pursuant to Section 26'/of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTIlOLD TOWN BOARD DE APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, NOVEMBER 2, 1994, commencing at ~e times specified below: I. 7:30 p.m. Appl. No. 4275 -- RENE MATOS. Request for a Vari- ance under Article IliA, Section 100- 30A.4 (ref. 100-33) for permission to locate shed as an accessory building in the southerly side yard area, rather DALE anll STACEY WAGNER ~ c~ .1000-3l~-18. (Setback, when located STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK ) of Matfltuck, in said County, being duly sworn, aayz that he/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and S~ate of New York, and that the Notice of which the annexed Is a printed copy, has been regularly pubiis~ed in auld Newspaper once each week for ~ weeks ~l~ly~comm~lng on the ~ day of Principal Clerk ~ ....... ~ MARY DIANA FOSTER ~otaJ'y ~-UOllcNOTARY PUBLIC, STATE OF NEW YO~ NO. 52.4655242, SUFFOLK COUNT': ~_~-~;~OMMISSION EXPIRES AUGUST 31, Sworn to before me this NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hear- ings will be held by the SOUTHOLD TOWN BOARD OFAPPEALS atthe Southold Town Hall, 53095 Main Road, Southold, NY 11971 on ~VEDNESDAY, NOVEM- BER 2. 1994 commencing at the times specified below: 1.7:30 p.m. Appl. No 4275- RENE MATOS. Request for a variance under Article ~IIA, Section 100-30A.4 (ret'. 100- 33) for permission to locate shed as an accessory building in the southerly side yard area, rather than the required rear yard, at premises known as 180 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-6 The subject pre- mises is a substandard parcel containing approximately 5,500, sc~. ft. in total lot area. (Setback;~hen located in a yard area othbr than a rear yard, shall be deter~d by lhe~ Board of Appeals.) 2. 7:35 p.m. Appl. No. 4276- DALE AND STACEY WAGNER MOYER. Request for a Variance under Article XXIV, Section 100-244B for' permission to build addition to existing dwelling with a reduc- tion in the northerly side yard setback to less than the required 15 ft. minimum at premises known as 650 Bay Avenue, Mattituck, NY; County Tax 'Map Parcel No. 1000-143-3- 12. The subject premises is a substandard parcel containing 24,768 sq. ft. total lot area. 3. 7:40 p.m. Appeal No. 4277- MICHAEL AND KATHLEEN RICHTER. Re- quest for a Variance under Ar- ticle ILIA, Section 100-30A.4 for permission to locate, as built, an accessory storage building with a setback at less than the stipulated ten (10) fi. setback from the northerly side property line, at premises known as 370 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-6-18. (Setback, when · located in a yard area other than a mar yard, shall be determined by the Board of Appeals.) 4. 7:45 p.m. Appl. No. 4274-MARY ANN GREFE. Request for a Variance under Article Ill, Section 100-33 for permission to locate accessory storage building, as built, in the side yard area, at premises known as 395 Tuthill Road, Southold, NY; Lot No. 25 at Yennecott Park; County Tax Map Parcel No. 1000-55-4-3. The subject premises contains approximately 32,700 sq. fi. in total lot area. (Setback, when located in a yard area other than a mar yard, shall be determined by the Board of Appeals.) 5. 7:50 p.m. Appeal No. 4279- JOHN LATHAM (Owner). Request for a Vari- ance .under Article IIIA, Sec- tion 100-30A.3 for permission to relocate an existing dwell- ing with addition in line with the existing rear yard setback ' line at 30 feet, which is non- conforming with the present rear yard requirement of 35 feet. This parcel is a coruer lot with two front yards, contains a total lot area of approximately 17,500 sq. Ir., and is known as 50 Rogers Road, Southold, NY; County Tax Map Parcel NO. 1000-66-2-18. 6. 7:55 p.m. Appeal No. 4278- OWEN MORREL. Re- quest for a Variance under Ar- ticle III, Section 1~00-33 for permission to construct acces- sory garage building in an area other than the required rear yard. This parcel contains five acres of lot area, known as 495 Paddock Way, Wolf Pit Pond Estates Lot. No. 22, Mattituck, NY; County Tax lVl~p Parcel No. 1000-107-4-2. I 0~ The sub- ject premises is located in the Agricultural-Conservation (A C) Zone District. 7. 8:00 p.m. Appeal No~ 4280- JOHN H. MULHOLLAND. Request for a Variance under Article IIIA, Section 100-30A.3 for pennis- sion to construct addition to dwelling with a setback at less than the required ten (10) feet from the easterly side property line, at premises known as 715 Island View Lane, Greenport, NY; County Tax Map Parcel No. 1000-57-2-24. The subject premises is a substandard lot containing 17,011 sq. tr. total lot area. 8. 8:05 p.m. Appeal No. 4281- KATHLEEN VARANO. Request for Vari- ance under Article XXIII, Sec- tion 100-235B, and Article III, Section 100-32 (Bulk Sched- ule) for insufficient area of lots, as proposed and modified from prior Decision of the ZBA ren- dered May 2, 1985 under Ap- peal No. 3330, and request for a Variance to establish build- ing envelopes ?or future con- struction since he setbacks shown do not comply with the principal setback requirements for this R-80 Residential Zone District. Location of Property: 6600 Indian Neck Road, Peconic, NY; Cotmty Tax Map parcel No. 1000-86-7-4. Sub- j&ct premises consists of 5.3+- acres in total area. The Board of Appeals will at said time and place hear any and all persons or representa- tives desiring to be heard in the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will 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 hesi- tate to call 765-1809 or visit our office. Dated: October 17, 1994 BY ORDER OF THE TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski IX-10/27/94 COUNTY OF SUFFOLK STATF, OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for / .............................. weeks succes~vely, commencing on the daY1 9. ?.~. .of. ................... .~.~.~ , Swor!L to before me on this ... ~.?.~..day of Notary Public BARBAR~ A. SCHNEIDER NOTARY PU[~llC, State of New York No. Qualified in Suffolk ~ Commission Expires 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 18, 1994 Jennifer B. Gould, Esq. 828 Front Street P.O. Box 177 Greenport, NY 11944 Re: Variance Application - Rene Matos Dear Ms. Gould: 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, November 2, 1994 at the Southold Town Hall at the time specified. Also, you will find enclosed a "Poster" Notice which must be placed by you, either on a stake and located in the front yard (road side) of this property, or placed on the front of the dwelling structure where it can be easily seen from the road. The poster must be conspicuously located at this time since 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. If you have any questions, please feel free to call MaryAnn, Lucy or me. Very truly yours, Linda Kowalski, Clerk Beard of Appeals Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of' RENE MATOS CONFIRMATION OF POSTING I, , residing at I, , being duly sworn, depose and say: That on the day of October, 1994, I personally posted the property known as ~180 Carole Road, Southold, NY" by placing the Town's official poster Notice on facing the road side of the property, and that the poster has renmined in place at least five to seven days prior to the date of the public hearing noted thereon to be held November 2, 1994. Dated: October , 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. DATE OF PUBLIC HEARING: "~:~O F'~' If you have an interest in this project, you are invited to wew ~e Town file(s) - which are available for inspection prior to the day of the hearing during' normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS · TOWN OF SOUTHOLD · (516) 765-1809 Page 3 - Hearing Tran~J~[~ipt Regular Meeting of November 2, Southold Town Board of Appeals 1994 7:32 P.M. Appl. No. 4275 - ~ MR. CHAIRMAN: Request for a Variance under Article IliA, Section 100-30A.4 (ref. 100-33) for permission to locate shed as an accessory building in the southerly side yard area, rather than the required rear yard, at premises known as 180 Carole Road, Southold, N.Y.; County Tax Map Parcel No. 1000-52-2-6. The subject premises is a substandard parcel containing approximately 5,500 sq. ft. in total lot area. (Setback, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) I have · a copy of the survey produced by Anthony Lewandowski, dated November 19, 1993, indicating a one story frame home. The nature of this application is a shed which at one time from what I understand was placed on this property and has since been taken down and the nature of this application is somewhat of a reinstatement and it is attached to the, I guess it's south easterly side of the home proposed and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody like to be heard on this? How are you? JENNIFER GOULD: Good evening. My name is Jennifer Gould. I'm here tonight on behalf of Rene Matos, the property owner. As Mr. Gehringer just said, this is really, this application is really in the nature of a reinstatement. Mr. Matos bought this property in December of 1993, and when he looked at the property there was a shed on the property but when he went to get his CO low and behold there wasn't a Building Permit for the shed, so it was removed so Page 4 - Hearing Tran~'ript Regular Meeting of November 2, 1994 Southold Town Board of Appeals that he could close on the property on time. You know, everybody wanted to close, there was time, at that time for him to seek a variance or the prior owner to seek a variance. Our review of the record shows that there was a shed on this premises back on the survey in 1983. I have also researched the Building Department files and it looks like even the prior owner had a shed. There's a 1979 Building Department inspection report showing that the shed was removed when that owner applied to construct a deck in the rear of the property built. Essentially what my client seeks to do, is to do what's right legally. He wanted to come to the Zoning Board of Appeals to get a variance so he could reconstruct the shed in the side yard. Essentially he has no Place to store tools or anything else. There isn't a basement in the house. It's a very small lot. I think he ( ). MR. CHAIRMAN: Carole Road is a very unique area. We have made people on Carole Road put garage doors on both sides of their garages, for fire purposes so that you could fight a fire through the garage: At least lay lines through the garage. So it's an area that we are very, very well aware of what's going on down there. I mean they were summer cottages and they became conversions. Basically what happened. They do afford a beautiful view of their Arshamomaque Pond and the road has been updated, you know, which is a private road for several years. I mean at one time it was very simply just stone blend and now it's become more macadamized as the time has gone on and it's gotten a little wider and so on and so forth, so we are aware of it very well. Do any of the Board Page 5 - Hearing Trans-6ript Regular Meeting of November 2, 1994 Southold Town Board of Appeals Members have any questions of this nice lady? coverage situation? JENNIFER GOULD: MR. CHAIRMAN: You are aware the lot I'm, I'm not sure what you mean. OK. The house covers 672 sq. ft. to deck 210, and the shed would be a total of 64. Lot size is 5489. Yeah, so I think, what we're just under? BOARD SECRETARY KOWALSKI: Yes, she's just under. MR. CHAIRMAN: Just under, OK, good. All right, any other particular questions to ask you. It is attached to the house so therefore it's not really structure. JENNIFER GOULD: I guess it will be abutted to the house. MR. CHAIRMAN: To the house, yes. So, I mean there'll only be I don't have going to be an accessory JENNIFER GOULD: MR. CHAIRMAN: objections to this? MEMBER DINIZIO: Well, the size is 8 by 8? JENNIFER GOULD: Yes. MEMBER DINIZIO: No, be granted as applied. I don't. I'11, I'll make the motion that it three walls. It will be 8 feet by 7 foot 6? Approximately 7 foot 7. JENNIFER GOULD: They told me it was 8 foot 9 inches to the peak. MR. CHAIRMAN: All right, in height? JENNIFER GOULD: Yeah. MR. CHAIRMAN: And it's going to conform to the siding that's on the house or you're going, it's going to be wood ( )? It's a prefab which a ...... . All right. Does anybody have any specific Page 6 - Hearing TransCript Regular Meeting of November 2, 1994 Southold Town Board of Appeals MR. CHAIRMAN: MEMBERS: Aye. MR. CHAIRMAN: JENNIFER GOULD: Second. All in favor? Have a lovely evening. Thank you. 7:40 P.M. Appl. No. 4276 DALE AND STACEY WAGNER MOYER MR. CHAIRMAN: Request for a Variance under Article XXIV, Section 100-244B for permission to build addition to existing dwelling with a reduction in the northerly side yard setback to less titan the required 15 ft. minimum at premises known as 650 Bay Avenue, Mattituck, N.Y.; County Tax Map Parcel No. 1000-143-3-12. The subject premises is a substandard parcel containing 24, 768 sq. ft. total lot area. I have a copy of a survey produced by Young & Young showing it's an older two story home, on Bay Avenue. The setback is about 44 feet. The request is an addition on the north westerly side, approximately of 15 x 20 and it shows as two story. Is there somebody that liked to be heard for this? How are you tonight Sir? DALE MOYER: OK. Dale Moyer, my wife Stacey is here with me. We just request that we, we feel that we need the extra footage to make appropriate living space. Without that it makes it a little tight for the addition that we want and that's what why we ask for the extra 2 feet, a little better than 2 feet addition. Legal Notices Marled to the following 10/1 8/94: Environment East, Inc. P.O. Box 190 3075 Indian'Neek Lane Peeonic, NY 11958 (Re: Mulholland ) Jennifer B. Gould, Esq. 828 Front Street P.O. Box 177 Greenport, NY 11944 (Re: Matos) Mr. and Mrs. Dale Moyer 650 Bay Avenue Mattituck, NY 11952 Mrs. Anne L. Arnold P.O. Box 172 East Marion, NY 11939 (Re: Richter) Mr. and Mrs. John Bertani 1380 Oakwood Drive Southold, NY 11971 (Re: Grefe) Mr. Doughs McGahan P.O. Box 602 Cutchogue, NY 11935-0602 (Re: Latham) Mr. Mark Boeckman, Builder P.O. Box 1453 Mat~tuek, NY 11952-1453 (Re: Morrel) Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935-0973 (Re: Varano) Mrs. Pat Ruchian 601 Queen Street Alexandria, Virginia 22314 (Concerns Re: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober~ 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 23, S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4275 Project/Applicants: County Tax Map No. Location of Project: Rene Matos 1000- 52-2-6 180 Carole Rd., Southold, NY 1994 Relief Requested/Jurisdiction Before This Board in this Project: "As built" accessory shed in the side yard 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 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATED: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. ~275 - RENO MATOS September 22. 199~ Transmitted is application for variance of RENE MATOS,together with Building Department Notice of Disapproval, Application for Variance, three notices to adjoining property owners and notice to Southold Town Building Department, Environmental Assessment Form, Z.B.A. Questionnaire, Building Department permit application which includes sketch plan for shed and phot of proposed shed, original survey with six duplicate copies, updated Certificate of Occupancy dated December 10, 1993. JENNIFER B. GOULD Attorne3~ at Law 828 FRONT STREET P.O. BOX 177 GREENI'ORT, NEW YORK 11944 TELEPHONE $16-477-8607 l~ax 516-477-0130 September 22, 1994 HAND DELIVERED Gerard P. Goehringer, Chairman Southold Town Board of Appeals 53095 Main Road Southold, New York 11971 Re: Rene Matos' Application for Variance 180 Carole Road Southold, New York 11971 (SCTM # 1000-52-2-6) Dear Mr. Goehringer: Please be advised that I represent Rene Matos in his petition to the Board of Appeals for a variance to construct a shed in the side yard of the above-referenced premises. Enclosed please find the following documents: 1. Notice of Disapproval 2. Application for Variance 3. Three (3) Notices to Adjoining Property Owners and Notice Southold Town Building Department. 4. Environmental Assessment Form 5. Z.B.A. Questionnaire 6. Building Department Permit Application which includes sketch plan for shed and photograph of proposed shed. 7. Original Survey with six duplicate copies. 8. Updated Certificate of Occupancy dated 12-10-93. 9. Filing fee check in the amount of $150.00. Should you have any questions, please do not hesitate to contact me. enclosure REASO~ FOR APPEAL 1. STRICT APPLICATION OF THE ORDINA/~CE would produce practical difficulties or unnecessary HARDSHIP because: Mr. Rene Matos, the Appellant in this proceeding, is the owner of a single family home located on Carole Road, a private road intersecting County Road 48 in Southold, New York. Appellant's dwelling is one of eight pre-existing non-conforming residential dwellings on Carole Road. The rear of the Matos property abuts Arshamomaque Pond, however it is separated from the Pond by a 6.5 foot high concrete bulkhead. As the attached survey indicates, Mr. Matos' lot is less than 20,000 square feet. Under Southold Town Code setback requirements, Appellant is prohibited from constructing the proposed shed in either the front, side or rear yards. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHAPJtCTER OF THE DISTRICT because: An area variance would not produce an undesirable change to the character of the neighborhood or a detriment to nearby properties. Of the eight residential dwellings presently located on Carole Road, four of them have attached garages and one has a shed adjoining the building in the side yard. on Carole Road were built in close proximity, ten (10) to twenty (20) feet between them. If Mr. Matos is granted a variance, construction proposed 8' by 8' shed in his side yard would still distance (10) feet between the Moreover, the homes with not more than of approximately ten of the leave a shed and the property line of his southerly neighbor, Joseph Smulcheski. Mr. Matos seeks to re-assemble a shed which previously abutted the southern wall of his home for a period of at least ten (10) years. As the attached surveys indicate, this shed was located on the subject premises from October 21, 1983 until November 19, 1993. However, it was disassembled and placed in storage prior to his taking title to the premises from J. Moor-Jankowski on December 22, 1993, because it did not have the required Certificate of Occupancy. Appellant will benefit by an area variance in afford him necessary storage space for garden equipment, and patio furniture. Since Appellant's that it will tools, lawn dwelling is a single frame structure of approximately 600 square feet with no basement, there is no means other than an area variance for creating additional storage space on the premises. The requested area variance is not substantial in that the proposed construction will occupy sixty-four (64) square feet. The shed can be re-assembled on an existing concrete slab which is located at the top of Applicant's asphalt driveway. (See attached survey for the proposed location.) Moreover, there will be no adverse impact on the physical or environmental conditions of the neighborhood. there are eight pre-existing non-conforming Road, five of which have attached garages premises. For all of reques~ that the As mentioned above, dwellings on Carole and/or sheds on the the foregoing reasons, Appellant respectfully Southold Town Board of Appeals grant his request for a variance from the Article IIIA Section 100-30A.4, 100-33 of the Southold Town Code. Rene Matos, Appellant ~V Ouat'at~t'¢.eaI t'o ,~ma~'icart 77He la.~v~-aac~ $C~/Cc ,YO'= FROH CRON & CRON FOR/~ NO. 4 ~OW!qOP SOUTHOLD BUILDING DRPA,RTI4ENT Office of the Building Inspector TOW~ Hall Southold, N.Y. P, 2 UPDATED PIU~ EXISTING CI~RTIFICATE OF OCCUPANCY No,, ~:22781 ,., Date DECEtiBER l0t 1993 THIS CERTIFIES that the building Location of Property. 180 CAROLE ROAD House No. County Tax Nap NO. 1000 Section, 52 Subdivtslo~,, , $OUTHO~D~ N~y. Street Hamlet . Block .... 2. . Lot, 6 Piled Map No.= LOt No., conforms substantially to the Requirements for a One Family Dwelling built Prior to: _ APRIL 9,1957 pursuant to which CE~TIFICATg OF OCCUPARCYNUMB~R Z-2278~ dated DBCtU~BER !0~ 1993 was issued, and conforms ~o all of the requirements of the appl~cuble provisions of the law, The occupancy for which this certificate ia issued iS. ONE FAMILY DWRT.r,TNG · The certificate is issued to of the aforesaid building. J. MOOR-JANKO~SKI (owner) SUFFOLK COUNTY DEPARTHRNT OF HEALTH APPROVAL. UNDEJIWRITRRS C~RTIFICATE NO. PLUMBERS CERTIFICATION DATEI), 'PLF~R SER ATTA~P~ED INSPECTION ERPORT. UPDATED pp~ CO Z-9570 DA/T/) JUNE 26, 1979 Rev. 1/81 The N.Y.S. Environmental Quality Review Act reauires submission .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 (b) If any question has been answered Yes the project may be sig- (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessme'nt 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 ~ NO 3. Will project alter or have a large effect on an existing body of water? Yes X No 4. Will project have a potentially large impact on groundwater quality? ___Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? -__Yes ~No 6. Will project affect any threatened or endangered plant or animal species? Yes ~No 7'. Will project result in a major adverse effect on air quality? Yes ~.No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, Or paleontological importance or any site designated as a critical envircamental area by a local agency? ___Yes 10. Will project have a major effect on existing or future recreational opportunities? Yes ~ NO 11. Will project result in major traffic problems or cause a major effect 90 existing transportation 12. Will project regularly cause objectionable odors, ance as a result of the project's operation? Yes/No 13. Will project have ~ny impact on public health or safety? .__Yes ~No 14. Will project affect the existing community by directly causing a growth in permanent popula- period o_~r have a major negative effect Om the' character of the community or neighborhood? 15. Is there public controversy concerning the . ' X project? Yes No ~repsrer,s Signature: ~ . 'Z~A ~/.?$ 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sDonsor) · 1 . API:~JCANT /SPONSOR I 2. PROJECT NAME 3. PROJECT LOCATION: I~O Carol~ ~oa ~ I~o Cdfo~ Eo,~_d SEQR 7. AMOUNT OF LAND AFFECTEO: Initially 8. WII.L PROPOSED ACTION COMPi. Y WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? "T'ovon ~on,n9 ¢ocl.e. ..~r t:~¢lc r.o,au,'re~.~e~ s ~,;d~° ~. WMAT IS PRESENT I. AND USE IN VICINITY OF PROJECT? -ffl~r~e are %','cjh+ c,~,'~,,~,'nf clweLl,n~ '~n ~a~l~ ~d- ~ 10. 1~3ES ACTION INVOLVE A PERMIT APPROVAl. OR FUNOING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl_ It. DO~ ~Y ~PE~ OF THE ~I~N ~VE A ~RRENTLY VAUO PE~IT OR ~PROV~? 12. AS A RESULT CF PROPOSED ACTION WIlL EXI~'ING PERMIT/APPROVAl. REQUIRE MO01FICATION? [] Yes I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOW~EDGE If the action is in the Coastal Area, and you are a state agency, complete the / Coastal Assessment Form before proceeding with this assessmkmt OVER I .(Continued on reverse side) QUESTION%;AIRE F__OR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Rene Matos P.O. Box 237 East ~etau~e=; NY 11733 ~. IS the subject premises listed on the real es~a~e marke~ ~or sale. or being shown to prospective buyers? { } Yes {~} No. C. Are there =,y l~rupo~a/~ ~ u~ange x~r al~er land cun~cu=~? { } Yes Do lo Are there any areas which contain wetland grasses?~%-~e~ Are the wetland areas shown on the map s~bmitted wit~----- this application~ ~l~- ~z ~¢~d Is the property bu~ between the wetlands area the upland building area? If 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? ~o_ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen=as which ~: ~nd are not =huwn on the survey map that you ar~ . · s~bmitting? ~O If none exist, please state "none.,, · G. Do you have any construction 'taking concerning your premises? ~ If esplace at this time of your b · . ~-~ Y · please sub ' u~ldlng permit and man a .......... mit. a copy .- = S ~u~=u ~y t~e Building Department. If none, please state. H. Do you or any co-owner als6 own other land close to this parcel? NO If yes, please explain where or submit copies of deeds. I. Please list present use or operations Conducted at this parcel _ f"e~;~-f-~,u ~ proposed Use ~'¢~5~(~,-~f- ¢O~h-u~,~ ~ ~(. and AutV-~°rlzed $lgna~ure and Da~e 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-54/4 by L.L. No. 6-1984] WETLA~NDS [Amended 8-26-76 by L.L No. 2-1976; 3-25- 85, b.vJ,, T, No. ~-19851: A. ~'IDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with. or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited t~ banks, · bogs, salt marsh, swamps, meadows, fiats or other low ly/ng lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black g-r~. asltworts, sea lavender, tall cerdgrass, high bush, cattails, groundsel, m~rshmn!!ow and low (3) All land immediately ndjacentlo a tidal wetland as defined in Subsection' A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: ' (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. § 24-0107. Subdh'isions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All la. nd immediately adjacent to a "freshwater wet- !and. as defined in Subsection B{1) and lying with-' In seventy-five {75) feet la.dward of the most land- ward edge of a "freshwater wetland." 9705 z.:s.as FORM NO; 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLDo N.Y. 11971 TEL.: 765-1803 3 SETS OF PL.~:tS ........ SURV£? ................. cucc~ .................. SEPTIC FOR:I ............ t:OT i ~'! ', I'IA I. L APPLICATION FOR BUILDING' PERMIT Date AUggs.t: 8 199.4. "INST UDnONS a. This apl~lication must be completely filled in by tvpeWri;er or in ink and Submitted to the B~ilding Inspectorl with3 sets of plans, accurate plot plan to scale. Fee according t~ schedule. . b. Plot plan showing location of lot and of bhildings on premises, relationship to adjoining premises or public sth:ets cOart~or~a.s, and giving a detailed description, of layout of property mu~t be drawn on the diagram which is part of this appli. c. ' The work covered by this application may ~i~t be corem&riced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will i~su d · ' . ' shall be.k. ep.t on the premises available for inspectioh throughout the wor~ a Building Permzt to the applicant. Such permit e. 1~o ouilding shall be occupied or Used in whole or in part for any purpose whatever until a Certificate' of Occupancy shall have been granted .by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department fo~' the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of South01d, ~uffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of.buildings, additions or alterations, or for removal or demolition, as herein describ~,d. The applicant agrees to comply with all applicable laws, ordinances building code, housing code, and regulations, and · · (Signature of ;; ir; ;;;'iLi: ..... ' '. ' 'P.O. Box 237 East Se-tauket, NPY lt[°7n~3 &;ilinl a&;& ........ Slate whether applicant is owner, lessee, 'agent, architect, engineer, generai 'contractor, electrician, plumber or builder. Owner Rene' Matos ' ' ..................................... Name of owner of premises ' (as on the tax roll or latest deed) ' ' ' If applicant is a corporation, signature of duly authoriked officer.' ' ' ; ' (Name and title of e.orPorate officer) Builder's License No ' Plumber's License No ' Electrician's License No. Other Trade's License No. · Location ofland on which proposed work will be'done. .5..~.~cp.le Road, South'old, .l~ew York 11971 5 C~.role Road .......... ....... I{;use N;;i;ber' Southold, NY Street ......... : Hamlet County Tax Map No. 1000 Section : 0.52.00 . ?.2.00 006.000 .............. Block . . ..... ' · ' · · ..... Lot ................... Subdivision.. ~rsharaomaque (Name) . · ..... '. Filed Map No. ri. Ia Lot .......... State existiug use and occupancy of premises and intended use and OCcupancy of proposed construction: a. Existing use and occupancy $i.n.~l~ fam±ly dwell±rig b. Intended use and occupancy . .single ~am±ly dwe$1a, ng w~.th accessory shed '"i" · 3. Nature of work check which applicable: New Building ...... :~ ~teration Re r ..... Rcmoval ..... Demolition , Other Work. ......... 4. Estimated Cost ..n,/a.t;hi~..i.:~. ~ p~e-~ab wood shed ~ (Description ...................... ...... 5.. If dwellin~ hum ~ ~r~,,,_,,:_. .. ' (~o b6 paid on filing this applicat on) . . ,~ or mixes occupancy, $oecir ' ' ................. . . · a ~ -- ................... ~nr ~. ~ ......... ~?ght ............... Number orStorics ..... i ..... ................ . ......... ~im~nsions ofs~me st~cture with alterations or ~Oition~. Pront _~.-~. ' .............. ~epth .... Depth '- ................ Rear ...... 8. ' ............. Heist ........... · ........ ~.. NumberofStoNes ..~.. ~ ' , ' Dimensions of entire new construction, gm.~ Heioht ~ ~ .......... ~ ... . ~. ~, · '~ ......... Number oC~t~oo ~ ........ r ... ~; ......... De~th ~ 9. a~ze of lot: Front ~ ........... ..~ ........ ~.- .~ .......... 10. ' ......... ~ ........ ' .... ' ............. '- -. Date of Purchase ... ~Z-~2-93 ..... Rear...~. .......... n .~ I0~.'~'] {~'~ ....... I1. · · . . · ............... ~ , · ..... ~one or uae district In ~V]llch ~r~: ........ n~ me OI ~"O~er Owner . G. ~oor-Gankowa~I · ~ · · · 12. n~ ....... ~ ~--~a are $1I~atea .~- ~ ~ . . · .................. o~a piopo$ea CO~Str~ctian vi~-- · ' .... , ............ ' ' ~ , ' .... 13. - ......ate a~ zonln~ law ora; .... , . ' ...... · ................... Will 10t be regraded . .~9...' .......... 14. N~e of Owner of premises ~ne. ' H~oa ......... ~vul e~ce~s fill be r~moved from premises: N~ of Architect ... ' ....... ~ · · · ~ .... Addrc~ ~ ~. ~}.~ ~ ...... N~e orCo~-,o,~- ' ....................... Address .~ ae,~Z'~9' [~,one so. t~p.: .~.9. . T~ ~u~- - ..... ~. ..... ............ aa~--- ' .... i%h'd ~ .... g. ~O~ NO ..... Y · uCnold ~o~ Trustees Pe~it ..- ~- _ Y~s.: ...... No ......... · -. ' PLOT DIAG~ Locate cle~ly ~d distinctly ~I bulldogs, ~e~r existing or proposed, ~d. indicat~ ~I set-back d~ensions prope~ Hnes. Give s~eet ~d block number or de~c~ption accord~g ~o deed, and show street n~es and indicate wheth~ ~tefior or corner lot. iTATE OF NEW YO.R_~ :OUNT¥ ..... s.s ..... £~e n?a~o~ . · · · ' ....... - ........................ being duly SWOrn, ~;~ of. mfiividual s;gning co.'trac;) deposes =d says that he is the bore named, applicant is thc .... ', · . (Contractor, agent, corporate officer, etcO "· · · said owner or OWners, =d is du y authorized to perform or have perfo~ed tile said work and to m~e and file this ~plication; that all statements contained ~ this application arc true to the best of his knowledge and belief; and that the ork will be perfo~ed in thu manner set Tortb iu thc application filed therewith. · yom to before me this .................... '..dayof ~qOS~ . . ' att ~_ -- . ~ ~ · · .... ~ .... 19X./ '- ......... ... ' -~--,, ~ .... ,.~-.~ sa. ~ ' ~ (Signature ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3656 Application Dated 3uly 28, 1987 Main Road, Box 706 Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on October 8, 1987, 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 IX] Request for Variances tO the Zoning Ordinance Article III , Section 100-31, Bulk Schedule, and Article XI, Section 100-119.2 [ ] Request for Application of NICHOLAS IPPOLITO for Variances to the Zoning Ordinance, Article III, Section 100-31, and Article XI, Section 100-119.2, for permission to construct garage addition to dwelling with an insufficient southerly sideyard setback, insuffi- cient total sideyards, insufficient setback from bulkhead along Arshamomaque Pond, a~d excessive lot coverage. Location of Property: 230 Carole Road. Southold, NY; County Tax Map Parcel No. 1000-052-02-007. WHEREAS, a public hearing was held and concluded on August 20, 1987 in the Matter of the Application of NICHOLAS IPPOLITO, under Appl. No. 3656; 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 fol]owlng findings of fact: 1. By this application, appellant requests Variances from the Provisions of Article III, Section 100-31, and Bulk Schedule, and Article XI, Section 100-119.2, for permission to construct 12' by 25' garage addition at the south- erly side yard area with setbacks at 2½ and 3 feet from the south property line, 27± feet from the existing bulkhead (along Old Cove), and with a total lot coverage at 23.8 percent, all as more particularly shown on survey amended August 7, 1987, prepared by Roderick VanTuyl, P.C. 2. The premises in question is located along the east side of Carole Road (a private road) at Arshamomaque, Southold, contains a total lot area of 5500 sq. fro and lot width (frontage) of 50 feet. 3. The subject premises is improved with a single-family dwelling set back a distance of 25 feet from the easterly side of Carole Road, 45 feet from the front property line (al6ng the westerly side of Carole Road), 17± feet from the existing bulkhead, and sideyards at 7 ft. and 14½ ft. (CONTINUED ON PAGE TWO) DATED: October 8, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum sideyard setback at not less than 10 ft. and 15 ft., or the established, whichever is less; total sideyards at 25 feet, or the established, whichever is less; not less than 75 feet from the bulkhead, or the established, whichever is less; lot coverage at 20% or the established. 5. The relief requested by this application are as follows: (a) existing conforming sideyard setback at the south side to be reduced to 3 ft. (b) setback from the existing bulkhead at 27f feet [which is more than the existing established setback at 17± feet]; (c) lot coverage at 3.8% over the maximum 20% limitation, or 208 sq. ft. 6. It is noted for that record that: (a) by prior Appl. No. 2317, a conditional variance was rendered August 4, 1977 in which applicant set-off the subject parcel in question from the property to the northwest and north, now or formerly of H. Haas, and the subject structure was to be used only for single-family residential use starting January 1, 1978, and the buiiding was to conform to the Southold Town Codes with respect to minimum floor area. (b) on October 21, 1982, a rearyard variance was granted under Appl. No. 3044 concerning "Parcel 1" [the subject parcel] for permission to construct an addition to existing single-family dwelling with a limitation of 20% lot coverage~ as noted therein. (c) on August 22, 1985, a conditional variance was rendered under Appl. No. 3377 in the separation of ~e subject 5500 sq. ft. parcel from the westerly abutting parcel, "Parcel 2," now of 17,000 gq. ft., and requiring each parcel be limited to single-family dwelling use [prohibiting the reestablishment of the previously existing nonconforming motel use]. 7. It is the opinion of this Board that the preexisting circumstances of the premises and preexisting building lend to the unique difficulties created; and there is no other method feasible for appellant to pursue other 8. In passing upon this application, the Board has further determined: (a) the relief requested is not substantiai in relation to the existing (as established); (b) the project as proposed will not be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (c) the circumstances are not personal in nature and are directly related to the property; (d) there will not be an increase in density created by the grant of this variance since the premises contains an existing single-family dwelling and the use will not be changed; (e) the project as proposed is not out of character with the neighborhood; (f) that in view of all the above factors, the interests of justice will be served by granting the relief, as noted below. Accordingly, on motion by Mr. Douglass, seconded by Messrs. Doyen and Grigonls, it was RESOLVED, to GRANT the relief requested under Appeal No. 3656 in the Appl. No. 3656 Matter of NICHOLAS IPp~OLITO Decision Rendered Octo~, i987 Matter of the Application of NICHOLAS IPPOLITO in the proposed construction of a 12' by 25' garage addition, S~O THE FOLLOWING CONDITIONS: 1. That two eight-foot wide overhead doors be placed on the west end and east end of the proposed garage addition, and operable at all times (in orde.r to gain access by emergency fire vehicles from the water side); proposed herein). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Grigonis. (Member Sawlcki was absent.) This resolution was duly adopted. ik GERARD.P. GOEHRiN~-R, CHAIR~ TOWN OF $OUTHOLD, NEW yORK ACTION OF THE ZONI~G BOARD OF APPEALS AppealNo. 2741 Application Dated August 28, 1980 ACTION OF TIlE ZONING BOARD OF APPEALS OF THE TOWN OF sOUTHOLD To Mr. and Mrs. Joseph Smu]cheski Carole Road Southold, NY l1971 Appellant at a meeting of the Zoning Board of Appeals on N o v e m b e was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Ar t. I ( ) the appeal and 100-32 ~a~ed ( ) ~ de.ed pursuant ~ Article ................... Section .................... Subsection .................... p~a~aph .................... of the Zonin~ Ordinance and the decision of the Bu~din~ Inspector ( ) be reversed ( ) be co~irmedbecau~ Public Hearing: 7:35 p.m.Application of Joseph and Amelia Smulcheski, Carole Road, Southold, NY for a Variance to ~he Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct garage in the front and/or side yard area. Location of property: 140 Carole Road, Southold, NY; bounded north by Haas, east by Arshamomaque Pond, south by Hrebok, west by Carole Road. County Tax Map Item No. 1000-52-2-5. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it w~s determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because (SEE REVERSE SIDE) difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike i~ the lrnraediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) and therefore, it was further determined that the requested variance ( ) be granted that the previous decisions of the Building Inspector ) be confirmed ( ) be reversed. ) be denied and FORA{ ZB4 ZON/NG BOARD OF /kPPF~ as After investigation and personal inspection, the Board finds follows: Appellant has ~pealed to th!s Board seeking a variance to construct a 10' by~' garage addition in' the southerly sideyard area, leaving approximately 5'8" clear, and placing 8' doors at both ends of the garage for accessibility. The premises in question contains approximately 5,300 square feet in area, and fronts on Carole Road 50 feet wide. Existing on the premises are an one-story frame house and temporary storage building in the frontyard area, which storage building appellant has agreed to remove from the premises. During July 1980, appellant applied to this Board for a 12' by 24' garage addition, which had been denied without preju- dice on August 14, 1980. The Board at that time found that the lot coverage would be excessive of the 20% limit and that a smaller addition would be more reasonable under the circumstances. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance~is gran~ted no substantial detriment to adjoining proper- ties will be created; that the interests of justice will be served by the granting of the relief requested; that no adverse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was · RESOLVED, that Joseph and Amelia Smulcheski be granted a variance o the zoning ordinance, Article III, Sections lO0-31 and 100-32 for permission to construct a 10' wide by 24' deep garage addition in the sideward area as applied for and SUBJECT TO THE FOLLOWING CONDITIONS. ~ (1) That the temporary storage building in the frontyard area be removed entirely from the premises; (2) That the garage addition is limited to 10' by 24' and limited to a one-story addition; (3) That the cement slab at the rear of the dwelling may not be improved or enclosed, but shall ~remain at ground level as exists. Location of property: 140 Carole Road, Southold, NY; bounded north by Hass, east by Arshamomaque Pond, south by Hrebok, west by Carole Road, County Tax Map Item No. 1000-52-2-5. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. APP uvLU Actihg~hairman Board of Appeals (Pro Tem) TOWN OF SOU~HOLD, NEW YORK ACTION OF THE ZONEqG BOAI~D OF APPEALS AppealNo. 2721 Dated July 23, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. and Mrs. Joseph Smulcheski Carole Road $outhold, NY 11971 Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~X) Bequest for a variance to the Zoning Ordinance Art o ITT ( ) August 14, 1980, Section 100-31 the appeal granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because Application of Joseph and Amelia Smulchesk~, Carole Roadr Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct addition with insufficient sideyard. Location of property: 140 Carole Road~ Southoldt New York; bounded north by Hass, east by Arshamomaque Pond, south by Hrebok, west by Carole Road; County Tax Map Item No. 1000-52-2-5. (SEE REVERSE SIDE) 2, VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (/s not) unique and (would) (would not) be shored by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) and therefore, it was fv~ther determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 After investigation and inspection~ the Board finds that applicant is requesting permission to construct a 12' x 24' addition in the southerly sideyard 'area, leaving approximately three feet to the south sideyard line. Existing on the premises are a shed, approximately 30 square feet in area, and an one-story frame house with patio. In calculating the area of the existing and proposed structures in comparison with the lot area of 5,300 square feet, it has been found that the structures would exceed 20% coverage of the lot area. It is the feeling of the Board that either a smaller addition or temporary structure would be more reasonable under the circumstances. The Board finds the circumstances present in this case are not unique,' and strict application of the ordinance would not produce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will change the character of the neighborhood and will not observe the spirit of the zoning ordinance. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that Joseph and Amelia Smulcheskl, Carole Road, Southold, New York be denied without prejudice a Variance to the Zoning Ordinance, Article III, Section 100-31 as applied for. Location of property: 140 Carole Road, Southold, New York; bounded north by Hass, east by Arshamomaque Pond, south by Hrebok, west by Carole Road. County Tax Map Item No. 1000-52-2-5. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Tuthill, Douglass and Goehringer. APPROVED P~ECEIVED AND F/LED BY THE SOUTHOLD TOWN C~.m~( D.A~TE t~/.~o HOUR ~/.L~-3-,4 .~/, I ' .. Town Clerk, Tova~ of So,,~14_ // ' Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3706 Application Dated December ]8, ]987 TO: Patricia C. Moore, Esq. Edson & Bruer as Attorneys for MANFRED Main Road, Box 1466 Southold, NY 11971 E. KUERNER [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on February 2~ ]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 III , Section ]00-3] and Article XI, Section 100-]19.2 [ ] Request for Application of MANFRED E. KUERNER. Variances to the Zoning Ordi- nance, Articles III, Section lO0-31, and XI, Section 100-119.2 for permission to construct additions to existing dwelling with a reduced southerly sideyard setback, insufficient total sideyards, excessive lot coverage and with an insufficient setback from bulkhead along "Old Cove" at Arshamomaque. Location of Property: East Side of Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-3. WHEREAS, a public 1988 in the Matter of the Appl. No. 3706; and hearing was held and concluded on January Application for MANFRED E. KUERNER under WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and 14, WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this applicat.ion; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surroundin9 areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is 5,000 sq. ft. described parcel of land located along the east side of Carole Road (a private road) with frontage of 50.0 feet along Carole Road and along "Old Cove" or "Arshamomaque Pond," Southold. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, is identified on the Suffolk County Tax Maps as District lO00, Section 52, Block 2, Lot 3, and is improved with a single-family, one-story dwelling as shown by copy ·of survey mapped April 3, 1981, by Roderick VanTuyl, P.C., Licensed Land Surveyors, to be set back 24± feet from Carole Road, 25± feet from the bulkhead, 5~± feet from the most north- easterly sideyard and 11± feet from the most northwesterly side- yard, and 16± feet from the southerly sideyard (at its closest point). (CONTINUED ON PAGE TWO) DATED: February 2, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page 2 - Appl. No. 3706 Matter of MANFRED E. KUERNER Decision Rendered February 2, 1988 3. By this application, appellant requests the following relief to construct two separate additions: (a) for a 7 ft. x 28 ft. addition at the rear of the existing dwelling [to the east]: feet , and [1] insufficient northerly sideyard setback at 3½ reduced from the present nonconforming 5½± setback; [2] insufficient setback from the existing bulkhead along "Old Cove" at 15 feet, reduced seven feet from the exist- ing nonconforming setback (which scales out to 25 feet when using the April 3, 1981 survey), and along an angle; [3] insufficient total sideyards reduced to a setback at 3½ feet, for a total of 19½ (16 feet existing and exclusive of the relief requested for the southerly sideyard); (b) for a l0 ft. x 22 ft. addition at'the south of the existing dwelling: [1] insufficient southerly sideyard at six feet [reduced 10 feet from the present 16 ft. setback]; [2] insufficient total sideyards reduced to a setback at six feet, for a total of ll½ feet (5½ feet existing and exclusive of the relief requested for the northerly side yard); (c) lot coverage for both additions in excess of the maximum 20% permitted, for a total lot coverage of 1,264 sq. ft., or 25.3% [196 sq. ft. for the easterly rear addition... and 220 sq. ft. for the southerly addition]; 4. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires minimum sideyards at 10 and 15 feet., for a total of not less than 25 feet for both sideyards, and maximum lot coverage at 20 percent. 5. Article XI, Section lO0-119.2(B) requires all build- ings 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 feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. The Courts have held that the area setback variance must meet the "practical difficulties'~ standard, considering at least the following: (a) the relief requested is not sub- stantial in relation to the requirements; (b) the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, comfort, convenience or order of the town, (e) the variance requested shall be the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. Page 3 - Appl. No. 3706 Matter of MANFRED E. KUERNER Decision Rendered February 2, 1988 7. The percentages of relief requested by this application are substantial in relation to the current zoning requirements. 8. In considering this application, the Board also finds and determines: (a) the setbacks of the existing dwelling are presently nonconforming; (b) the difficulties claimed are unique to the property, particularly due to its nonconforming size. (c) the immediate area does consist of other lots with similar situations, however, the setbacks of the two neighboring properties from their existing bulkheads to the dwellings are at 23 feet and 30.7 feet [now Stewart and Hribok], and the premises further north [now Smulcheski] having a setback from the bulkhead at 26.5± feet. The closest setback from the bulkhead was found to be that of Ippolito, four lots to the north of the subject premises, at 17 feet. (e) the area consists of dwellings with nonconforming sideyards, ranging from 5.5 feet, and greater. (f) the grant of the relief requested for the easterly rear addition is out of character with the area and will create further nonconformities, adverse to the spirit and intent of the zoning ordinance; (g) there is no other method feasible for appellants pursue other than a variance, except for a second-story addition; to (h) the relief requested as to the easterly (rear) yard and northerly side yard setbacks are not the minimal necessary; (i) the "practical sufficiently satisfied as relief requested by this difficulties" test has not been required by law to permit the entire application; (j) in considering this two-fold application, the interests of justice will be served by granting the southerly garage addition, and denying the easterly addition, as applied, without prejudice and as further noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to GRANT addition, in the Matter KUERNER, SUBJECT TO THE the l0 ft. x 22 ft. southerly of the Application of MANFRED E. FOLLOWING CONDITIONS: 1. That two eight-foot wide overhead doors be placed on the west end and east end of the proposed garage addition, Page 4 - Appl. No. 3706 Matter of MANFRED E. KUERNER Decision Rendered February 2, 1988 and operable at all times (in order to gain access by emer- gency fire vehicles from the water side); 2. That the southerly sideyard area remain open and unobstructed at all times at the requested six feet; 3. That the total sideyards remain at the requested six feet and five-and one-half feet, for a total of ll½ feet; 4. That the lot coverage be permitted to be increased to allow for this 220 sq. ft. garage addition (for a total lot coverage of 1,088 sq. ft.) exclusive of accessory shed, if any; 5. That the garage addition not exceed 12 feet (one-story) in height; and it was FURTHER RESOLVED, that the 7 ft. x 28 ft. easterly addition be and hereby is DENIED WITHOUT PREJUDICE (to further application). Vote of the Board: Ayes: Messrs. Goehrin§er, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN " / T~,~L'AOD ~O~'S~q~s 'pK~p~s-'pp%f ; Southold Town Board of Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHI3LD. L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3722 Application Dated March 24, ]988 TO: Patricia C. Moore, Esq. Moore & Moore as Attorneys for MANFRED E. KUERNER Main Road, Box 23 Mattituck, NY 11952 [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on May 12, 1988, the above appeal was considered, and the action indicated b~low ~as 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 [×] Request for Variancesto the Zoning Ordinance Article III , Section ]00~3], Bulk Schedule, and Article XI, Section IO0~ll9.2B [ ] Request for Application for MANFRED KUERNER for Variances to the Zoning Ordinance, Article XI, Section 100-119.2, and Article III, Section 100-31, Bulk Schedule, for permission to extend garage an additional two feet from that previously granted under Appl. No. 3706 and to construct additional living area at rear of dwelling with reduction of nonconforming sideyard at the north and south sides, insufficient total sideyards, excessive lot coverage, and within 75 feet of bulkhead along highwater of "Old Cove" [a/k/a Arshamomaque Pond]. Location of Property: East Side of Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-3. WHEREAS, a public hearing was held and concluded on April 1988 in the Matter of the Application of MANFRED KUERNER-under Appl. No. 3706; and 14, WHEREA'S, 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: l. The premises in question is shown on the survey mapped April 3, 1981 by Roderick VanTuyl, P.C. to have a lot width of 50.0 feet (along the east side of Carole Road), and lot depth of 100 feet, for a total of 5,000 sq. ft. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, is identified on the Suffolk County Tax Maps as District 1000, Section 52, Block 2, Lot 3, and is improved with a single-family, one-story dwelling as shown by copy of survey mapped April 3, 1981, by Roderick Van- Tuyl, P.C. to be set back 24± feet from Carole Road, 25± feet from the existing bulkhead, 5½± feet from the most northeasterly sideyard, and 11± feet from the most northwesterly sideyard, .(CONTINUED ON PAGE TWO) CHAIP~N, SOUTHOLD TOWN ZONING BOARD OF APPEALS DATED: May 12, 1988. Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3722 Matter of MANFRED E. KUERNER Decision Rendered May 12, 1988 and 16± feet from the southerly sideyard (at its closest point). 3. By this application, appellant requests the following relief to construct two separate additions: (a) for a 5 ft. x 28 ft. addition at the rear of existing dwelling with a reduction of the present nonconforming setback from the bulkhead at not less than 17 feet and from the north- erly sideyard at its closest point at not less %han 4'5"; (b) for a 12' x 22' garage addition, increasing the size by an. additional two feet from that previously granted under Appl. No. 3706 on February 2, 1988, leaving an insuffi- cient southerly sideyard setback at four feet at its closest point and insufficient total sideyards at 9 (or 9½) feet; (c) lot coverage total of 1132 square feet; (d) increased height of garage addition not to exceed 15 feet, rather than the 12 ft. height limited under prior Appeal No. 3706. 4. Article III, Section 100-31, Bulk Schedule of the Zoning Code requires minimum sideyards at 10 and 15 feet, for a total of not less than 25 feet for ~both sideyards, and maximum lot cover- age.at 20 percent. 5. Article XI, ~ection lO0-119.2(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. 6. For the record it is noted that under prior Appeal No. 3706, action has been taken concerning both the rearyard addition and the garage addition rendered February 2, 1988, presently under cQnsi, deration with modifications. 7.' The Courts have held that the area setback variance must meet the "practical difficulties" standard, considering at least the following: (a) the relief requested is not substantial in relation to the requirements; (b)"the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, comfort, convenience or order of the town; (e) the variance shall be the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. 8. The percentages of relief requested by this applica- tion are substantial in relation to the current zoning requirements. 9. In considering this application, the Board also finds and determines: (a) the setbacks of the existing dwellings are presently nonconforming, including the applicant's dwelling; Page 3 - Appl. No. 3722 Matter of MANFRED E. KUERNER Decision Rendered May 12, 1988 (b) the difficulties claimed are unique to the property, particularly due to its nonconforming size; (c) the immediate area does consist of other lots with similar situations; however, the setbacks of the two neighbor- ing properties from their existing bulkheads to the dwellings are at 23 feet and 30.7 feet [now Stewart and Hribok], and the premises further north [now of Smulcheski] having a setback from the bulkhead at 26.5± feet. The closest setback from the bulkhead was found to be that of Ippolito, four lots to the north of the subject premises, at 17 .feet; (d') the area consists of dwellings with nonconforming sideyards, ranging from 5.5 feet, and greater; (e) the grant of the relief requested for the easterly rear addition is out of character with the area and will create further nonconformities, adverse to the spirit and intent of the zoning ordinance; (f) there is no other method feasible for appellants to pursue other than a variance, except for a second-story addition; (g) the relief requested as to the easterly [rear] yard and northerly side yard setbacks are not the minimal necessary; (h) the "practical difficulties" test has not been sufficiently satisfied as required by law to permit the entire relief requested by this application; (i) in considering this application, the interests of justice will be served by granting'the easterly [rear] addition as applied, granting an increase in the limited height of the 10 ft. by 22 ft. garage addition from 12 feet to 15 feet high, and denying the further reduction requested for the garage addition, and as further noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Goehringer., it was RESOLVED, to GRANT the following new construction in the Matter of the Application of MANFRED E. KUERNER under Appl. No. 3722, SUBJECT TO CONDITIONS NO. 1~ 2, 3, and 4 REND£RED UNDER APPEAL NO. 3706 FEBRUARY 2, 1988: 1. Rearyard addition of a size 5 ft. by 28 ft. with setbacks of not less than 17 feet from the existing bulkhead, and not less than 4'5" from the northerly sideyard, as applied; 2. Maximum height at one-story up to 15 feet (instead of 12 ft.) for the 1.0 ft. by 22 ft. garage addition, as applied, and with a continuously unobstructed and open six-ft, setback from the southerly sideyard; 3. Lot coverage in excess of 20% [if any] of the total Page 4 Appl. No. 3722 Matter of MANFRED E. KUERNER Decision Rendered May 12, 1988 lot area, for the new construction noted in Conditions #1 and #2 hereof. Vote of the Board: Ayes: Messrs. Grigonis and Douglass. (Member Sawicki resolution was duly adopted. Goehringer, Doyen, was absent.) This lk May 19, 1988 "\? / Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ll9?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAtRMAN CHARLES GRIGON[S, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3772: Application of JOHN G. PHILIPPIDES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct addition at rear of existing dwelling with an insufficient setback from existing bulkhead. Location of Property: South Side of Old Cove Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 10.1. WHEREAS, a public hearing was held on October 26, 1988, the Matter of the Application of JOHN G. PHILIPPIDES under Appeal No. 3772; and in WHEREAS, at said hearing all those who desired to be 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, ~he Board made the following findings of fact: 1. The premises in question is located along the south side of a private road (known as Old Cove Road) which extends off the west side of Beverly Road, in the Hamlet of Southold, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 52, Block 2, Lot 10.1. 2. The subject premises contains a total area of approximately 12,600 sq. ft., lot width of 122.64 feet, lot depth of 102+- feet, and is improved with a single-family, one-story frame dwelling, all as more particularly shown on the Survey dated May 6, 1968, guaranteed July 29, 1970. Page 2 - Appeal No. 3772 Matter of JOHN G. PHILIPPIDES Decision Rendered November 16, 1988 3. By this application, appellant requests a Variance from the Provisions of Article XI, Section 100-119.2B to construct open deck addition at the rear of existing dwelling with a setback at 18 feet from the outer edge of the existing bulkhead along Arshamomaque Pond (or Old Cove]. 4. Article XI, Section 100-119.2B of the Zoning Code (as amended) requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. The nonconformities of the property and building as exists are noted as follows: (al the rearyard setback at approximately 25 feet from the ordinary highwater mark, which is seaward of the existing bulkhead; (b) the setback at 19'6" from the outer edge of existing bulkhead. These preexisting nonconformities lend to the practical difficulties and are uniquely related to the premises. 6. It is noted for the record that the property was the subject of a prior variance under appeal application No. 822, decision as rendered January 13, 1966. 7. It is the position of this Board that in considering this application: (a) the relief requested is not substantial in relation to the existing nonconforming setback, being a variance of 1-1/2 feet {19'6" to 18'}; (b) the relief if granted will not alter the essential character of the neighborhood; (c] the difficulties are uniquely related to the property and are not personal in nature; (d) 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; (el in view of all of the above, the interests ofjustice will best be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Doyen, it was Page 3 - Appeal No. 3772 Matter of JOHN G. PHILIPPIDES Decision Rendered November 16, 1988 RESOLVED, to GRANT the relief requested under Appeal No. 3772 in the Matter of the Application of JOHN G. PHILIPPIDES for the construction of a 12' by 38' open deck, attached at the rear of existing dwelling structure, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That deck not encroach any further than 18 feet from the outer edge of the existing concrete bulkhead; 2. That the deck remain open, unroofed, and not be converted for additional living area {except by formal application}; 3. That all lighting, if any, be shielded to the property with mushroom-type cover(s). Vote of the Board: Sawicki and Dinizio. {out-of-state}. This lk Ayes: Messrs. Goehringer, Doyen, (~sent was: Member Grigonis resolution was duly adopted. GERARD P. GOEHRINGER, C~IRMAN Southold Town Board of Appeals MAIN ROAD- BTATE: ROAD 25 SOUTHOLD, L..I., N.Y. llg'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3583 Application Dated November 2], ]986 TO: Patricia C. Moore, Esq. as Attorney for F. & H. HRIBOK Edson and Bruer Main Road ~ Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February 5, ]987, 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 Variancesto the Zoning Ordinance Article III , Section ]00-3] and Article XI, Section lO0-119.2 [ ] Request for Application of FREDERICK AND HELEN HRIBOK for Variances: (1) III, Section lO0-31 for insufficient southerly side yard and total side yards, and (2) XI, Section 100-119.2 for insufficient setback from existing bulkhead along Arshamomaque Pond, for this proposal to construct garage addition to existing dwel]in9, at 90 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-4. WHEREAS, a public hearing was held and Concluded'on January 8, 1987 in the Matter of the Application of FREDERICK AND HELEN HRIBOK under Appeal No. 3583; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has c~refully considered all testimony and documentation submitted concerning this applicatioD; 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. By this application, appellants request Variances-from the Zoning Code: (a) Article III, Section lO0-31 for insufficient sideyard setback from the southerly property line at-5.5 feet and 6.9 feet; (b) Article III, Section lO0-31 for insufficient total sideyards at ll.6 feet; (c) insufficient setback from the exist- ing bulkhead at 30.7 feet, as established, for the proposed construction of a bne-story lO' by 24' garage addition. 2. The premises in question is a described parcel of land located along the east side of a private road referred to as "Carole Road," Hamlet of Southold (at Arshamomaque), Town of Southold, having a total lot area of .125 of an acre and 50.00 ft. lot width, or frontage, along Carole Road and Arshamomaque Pond. 3. The subject premises is and Agricultural Zoning District (CONTINUED ON PAGE TWO) DATED: February 5, 1987. Form ZB4 (rev, located in the "A" Residential and is improved with a one-story CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3583 Matter of FREDERICK & HELEN HRIBOK Decision_Rende~Jd February 5, !987 frame, single-family dwelling of a size 28.3 wide by 24.3 feet deep. The existing setbacks.of the dwelling are 4.7 feet and 6.2 feet from the northerly side property line, 30.7 feet from the bulkhead, 15.5 and 16.9 feet from the southerly side property line, and 44.9 feet from the front property line, all as shown Qn survey dated November 6, 1986,prepared by Peconic Surveyors and Engineers, P.C. 4. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires ~inimum sideyards at 15 and 10 feet, minimum total sideyards at 25 feet. The amount of relief requested from the requirements as to sideyards is l0 feet (21.6 ft. to 11.6 ft.), and zero reduction in existing established setback from bulkhead at 30.7 feet. 5. It is the understanding of this board that the construc- tion of this 10' addition will not violate any other provisions of the zoning code, including the 20% lot coverage limitation, and will be used only for storage and garage purposes. In considering this appeal, the board also finds and deter- mines: (a) the relief requested is the minimal necessary under the circumstances; (b) the circumstances of this property are unique, particularly in view of its nonconforming lot area, width and depth; (c) the relief requested is substantial in relation to the requirements; (d) there will be no substantial change in the character of the area and the variance will not in turn be adverse to the safety, health, welfare, comfort, con- venience or order of the town; (e) there will be no increase in population density resulting from the grant of this variance; (f) in consideration of the above factors, the interests of justice will be served by allowing the variance, as conditionally noted below, Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested in the Matter of the Application of Appeal No. 3583 by FREDERICK AND HELEN HRIBOK to construct one-story 10' garage addition at the southerly side of existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no further sideyard reductions to less than the requested at 5.5 and 6.9 at the south side, nor 6.2 and 4.7 at the north side, (west/east corners respectively). 2. South sideyard area must remain open and unobstructed at all times; 3. Compliance with limitation of the Zoning for consideration); the maximum-permitted 20% lot coverage Code (except by subsequent application 4. Placement of two garage doors, one at the water side and the other at the road side; 5. Balcony and construction of garage as shown on building- construction plan filed under this application; 6. This variance shall automatically become null and void in the event construction is not commenced within two years hereof, and after proper issuance of a building permit. vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass, and Sawicki. This resolution was duly adopted. GERARD P. GOEHRINGER, O~IRMAN February 22, Southold Town Board of Appeals MAIN ROAD- STATE: RDAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3583 Application Dated November 2], ]986 TO: Patricia C. Moore, Esq. as Attorney Edson and Bruer Main Road ~ Southold, NY t1971 for F & H. HRIBOK [Appellant(s)] At a Meeting of the the above on your Zoning Board of Appeals held on FebrUar? 5, 1987, appeal was considered, and the action indieated below was taken [ ] 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 Variancesto the Zoning Ordinance Article III , Section 100-3l and Article XI, Section lO0-ll9.2 [ ] Request for Application of FREDERICK AND HELEN HRIBOK for Variances: (1) III, Section 100-31 for insufficient southerly side yard and total side yards, and (2) XI, Section lO0-119.2 for insufficient setback from existing bulkhead along Arshamomaque Pond, for this proposal to construct garage addition to existing dwel]ing, at 90 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-4. WHEREAS, a public hearing was held and C6nciuded'on January 8, 1987 in the Matter of the Application of FREDERICK AND HELEN HRIBOK under Appeal No. 3583; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has c~refully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members hive personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request Variances-from the Zoning Code: (a) Article III, Section lO0-31 for insufficient sideyard setback from the southerly property line at-5.5 feet and 6.9 feet; (b) Article III, Section lO0-31 for insufficient total sideyards at ll.6 feet; (c) insufficient setback from the exist- ing bulkhead at 30.7 feet, as established, for the proposed construction of a One-story 10' by 24' garage addition. 2. The premises in question is a described parcel of land located along the east side of a private road referred to as "Carole Road," Hamlet of Southold (at Arshamomaque), Town of Southold, having a total lot area of .125 of an acre and 50.00 ft. lot width, or frontage, along Caro]e Road and Arshamomaque Pond. 3. The subject premises is located in the "A" Residential and Agricultural Zoning District and is improved with a one-story (CONTINUED ON PAGE TWO) DATED: February 5, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Fo~ ZB4 (~, 12/81) Page 2 Appeal No. 3583 Matter of FREDERICK & HELEN HRIBOK Decision.Rendered February 5, !987 frame, single-family dwelling of a size 28.3 wide by 24.3 feet deep. The existing setbacks.of the dwelling are 4.7 feet and 6.2 feet from the northerly side property line, 30.7 feet from the bulkhead, 15.5 and 16.9 feet from the southerly side property line, and 44.9 feet from the front property line, all as shown Qn survey dated November 6, 1986,prepared by Peconic Surveyors and Engineers, P.C. 4. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires ~inimum sideyards at 15 and 10 feet, minimum total sideyards at 25 feet. The amount of relief requested from the requirements as to sideyards is 10 feet (21.6 ft. to 11.6 ft.), and zero reduction in existing established setback from bulkhead at 30.7 feet. 5. It is the understanding of this board that the construc- tion of this 10' addition will not violate any other provisions of the zoning code, including the 20% lot coverage limitation, and will be used only for storage and garage purposes. In considering this appeal, the board also finds and deter- mines: (a) the relief requested is the minimal necessary under the circumstances; (b) the circumstances of this property are unique, particularly in view of its nonconforming lot area, width and depth; (c) the relief requested is substantial in relation to the requirements; (d) there will be no substantial change in the character of the area and the variance will not in turn be adverse to the safety, health, welfare, comfort, con- venience or order of the town; (e) there will be no increase in population density resulting from the grant of this variance; (f) in consideration of the above factors, the interests of justice will be served by allowing the variance, as conditionally noted below, Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested in the Matter of the Application of Appeal No. 3583 by FREDERICK AND HELEN HRIBOK to construct one-story 10' garage addition at the southerly side of existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no further sideyard reductions to less than the requested at 5.5 and 6.9 at the south side, nor 6.2 and 4.7 at the north side, (west/east corners respectively). 2. South sideyard area must remain open and unobstructed at all times; 3. Compliance with the maximum-permitted 20% limitation of the Zoning Code (except by subsequent for consideration); lot coverage application 4. Placement of two garage doors, one at the water side and the other at the road side; 5. Balcony and construction of garage as shown on building- construction plan filed under this application; 6. This variance shall automatically become null and void in the event construction is not commenced within two years hereof, and after proper issuance of a building permit. vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass, and Sawicki. This resolution was duly adopted. February 23, 1987. SOUTHOLD TOWN BOARD OF APPEALS MATTER OF FREDERICK AND HELEN HRIBOK THURSDAY, JANUARY 8, 1987, PUBLIC HEARING 8:20 p.m. Appeal No. 3583 - Public Hearing commenced in the Matter of FREDERICK AND HELEN HRIBOK. Garage addition with: (1) insufficient southerly and total side yards, (20 insuffi- cient setback from bulkhead along Arshamomaque Pond. 90 Cir- cle Road, Southold. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of survey dated November 6, 1986 indicating a one-story framed dwelling and it says proposed second story and a proposed garage on the south side of the prop- erty indicating a setback at its nearest point of 5.5 feet. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Ms. Moore would you like to be heard? MS. MOORE: I don't think there's any opposition. I contacted all the neighbors. At this time I apologize to you and I have to amend our application to include something that was brought to my attention at 4:30 this afternoon. So had I known earlier, it would have been part of the application. The plans that were prepared, the finalized plans, include a balcony along the second story. I'll have one on this side and one on the other side so it will be easier. Obviously if I had known about that from the beginning, it wouldn't have been a surprise to you at this time. But in any case, dealing With the balcony and the application, I have shown Mr. Lessard earlier before the meeting. Recognizing... CHAIRMAN GOEHRINGER: I have a tendancy to cut people off and I apologize. That will probably necessitate readvertising. MS. MOORE: That's what I... To avoid that problem, I had con- tacted the adjacent property owners and have signed waiver of a formal notice of application. I'll read it to you. I, the prop- erty owners hereby waive formal notice of the application to the Southold Town Zoning Board of Appeals made by Frederick and Helen Hribok from a variance for insufficient rearyard as required by the town code bulk and parking schedule to construct a second story balcony across the rear of the house. I've already re- ceived notice of their request for variance for insufficient sideyard and for construction within 75 feet of wetland and bulk- head. So I have that from the property owners. There was one property owner that was named VIP and LPD which I would have to contact. I tried calling and it's some corperation with .an ad- dress that would require my contacting after the fact but they were notified originally of the application and I believe the notification was sufficient to be clear that there is something going on with this property and that there is construction being done. The fact that the balcony is being put on the second floor is not a substantial deviation from the application and notice that t~ey received. So I have these signatures and they're vari- Page 2 - January 8, 1987 Public Hearing - Frederick and Helen Hribok Southold Town Board of Appeals MS. MOORE (continued): fied. They've been notarized by me. If you have any questions. If you need a case cite, I did some research and I have a case which states that where notice deviates from the relief requested and granted, no new hearing is required if notice would have alert- ed to the nature of the relief requested. So the property, all the property owners were alerted to the fact that we are doing, we are requesting a variance. And the fact that we've requested 75 feet from the wetland, construction in the rear or would pre- sume to be in the rear presents some notification at least that there is something going on here. And if there was any opposition at all, we would have heard about it either at this hearing or be- fore hand. If you need the cite, I have it. It's not drawn but I have it. CHAIRMAN GOEHRINGER: So basically this is going to reduce the rearyard down from 30 foot 7 to 26 7. MS. MOORE: Four feet less. I believe it's 30.7. CHAIRMAN GOEHRINGER: 30.7 to 26.7. MS. MOORE: Yes. I did take some pictures earlier. And if you would just note that the pictures I present to you, if we have one view going towards the east and you can see that the property owner to the east is substantially closer to the water. So the location of the house, of this house is one of the furthest or narrowest house, shortest in depth. I don't how the construction term of it is. But there are other houses in the area which are much closer to the water than this one. There's another view from the east and a view to the west where you can see that the properties have decks in the rear and so on. There's been sub- stantial construction along those houses because they're summer cottages where people are living full time and finding themselves very cramped. I have a survey, a photocopy of the survey which I put in red where the balcony would go as well the distances for sideyard that is requested. The sideyard variance that we show is much less than what was requested by other variances, Mr. Smalcheski in particular which I believe you have a copy of the decision in your file. I had one prepared for you just in case, but the decision which limited Mr. Smalcheski to build a ten foot garage because you were concerned with the sideyard distances to our property owner. And in light of Mr. Smalcheski's construction and the concerns of the Board, we limited our garage to the ten foot garage which result in .... The distance between the garage and the adjacent property owner, Kerner which is one of the sig- natures y oa have, is 11.6 which is actually larger than way back in '80 when you approved the ot~er property owner adjacent on the other side where it would be the westerly side. Mr. Smalcheski, you approved a 10 foot 5 difference between the construction and our property owner. Now, today we are requestiong 11.6. So it's still within the sideyards that you permitted in the past. There is a survey of the .... Page 3 - January 8, 1987 Public Hearing - Frederick and Helen Hribok Southold Town Board of Appeals CHAIRMAN GOEHRINGER: I'm just figuring lot coverage. MS. MOORE: Sure. Go ahead. CHAIRMAN GOEHRINGER: with the calculator. I'm listening at the same time playing MS. MOORE: I believe it is within the lot coverage. Mr. Lessard it's one of the things that we were concerned with and it still would meet the 20% lot coverage requirement. I have further pic- tures that I took there just on Tuesday. So once you go to make an inspection, you'll see that the photograph of the same proper- ty. I have a photograph of Mr. Smalcheski, the adjacent property owner, his garage addition. Our property owner wishes to do a similiar garage construction. CHAIRMAN GOEHRINGER: Do you remember what Mr. Smalcheski's south property line setback was? MS. MOORE: I don't know if the decision actually mentioned it. CHAIRMAN GOEHRINGER: I have it. MS. MOORE: This property as well as the other properties in the area along Cow Road which is where our property is, is completely bulkheaded. I have a photograph of the bulkhead. Prior to the change in the balcony, I had received from Kathleen Russell from the D.E.C. a verbal ok that we had received the D.E.C. approval. I have to go back to her and explain to her that now we nave a balcony that's on the second floor. I don't believe it will change anything because they're concerned with any effect on the wetland and a balcony on a second floor will have absolutely no impact on their concerns. I know that from our discussion and you can only... I swear to you that this is what we spoke about. The approval was based on the fact that the we are not going further towards the water than the concrete patio showed. So they saw the survey that was in the file. They asked me specifically; were you going closer than the concrete patio and I said no we're not going closer than the concrete patio. We're not touching the concrete patio. Again another photograph of the Smalcheski property. The sideyard set- back which was the ten foot six sideyard setback between Mr. Hribok, the Appants and Mr. and Mrs. Smalcheski is right here in a photo- graph. So you can see that our setback to the Kerner property owner will be larger than this. And I have two photographs. Each of these photographs have a tax lot number with it so that it can be identified but these tax lot number 1000-5223 is Mr. Smalcheski and I have a photograph of the distance that would remain with our construction. CHAIRMAN GOEHRINGER: You are aware of why we placed the restric- tion on the property owner to the north concerning the garage doors. Page 4 - January 8, 1987 Public Hearing - Frederic and Helen Hribok Southold Town Board of Appeals MS. MOORE: I'm not sure of the reasoning behind it. If you would repeat it. CHAIRMAN GOEHRINGER: We allow for, we would like to have 9 feet on any one side of a waterfront lot for the purpose of ingress and egress to the rear yard. There have been times this Board has varied it and I can remember a spot down on Braus Woods where we varied it to 8 but we have never gone less than 8 and we do that specifically for the purpose of working on the bulkhead or what ever manipulation has to be done to the rear of the property. My question to you is; does this applicant have any objection to put- ting two garage doors in? MS. MOORE: I haven't asked him that. I can ask him and give you an answer tomorrow if you like. I know that there is a back door. I know you're talking about a second garage door in the back. CHAIRMAN GOEHRINGER: That's so that you can get equipment from the front to the back. MS. MOORE: Although I think if the reasoning for I'm not saying one way or another which way he... was no objection but I haven't asked. that back door, I'm sure there CHAIRMAN GOEHRINGER: It doesn't have to be an overhead garage door. It-can be a swinging type. MS. MOORE: But if the reason is for allowing the 9 foot distance, I believe that the distance between the end of the garage and the beginning of Mr. Kerner's house is 11.6. So any equipment could go through the sideyard rather than going through the garage. CHAIRMAN GOEHRINGER: That's true but it may require the taking down of a fence. And lMr. Kerner may sell his house which would preclude them from using the property if the neighbor wouldn't allow it. MS. MOORE: Ok. I will present that to Mr. and Mrs. Hribok and I'll give you an answer. Just to emphasize that we did have ap- proval from the adjacent property owners. I have a letter that states Dear Mr. Goehringer. We are Mr. and Mrs. Hribok's neigh- bors and we have been informed that they wish to build a second story and garage addition to their home. We support the vari- ance requested. This was dated January 5th. I have the waiver of notices that were dated today and the same property owners are still in favor of it. They were even willing to sign waivers. The original has the fingerprints. That's Mr. Kerner's oily fingerprints so that you know that they're real. CHAIRMAN GOEHRINGER: I don't really want to ruin your evening. I really don't because you've done a really nice job on the pre- sentation but we feel you're 40 square feet over the lot coverage with the deck. So any decision coming from this Board will be that you nat exceed the 20% lot coverage. And if you so choose to cut that portion of the deck off, it would... Assuming that my calsulations are correct and assuming the Board goes along with this application, the~that's fine. If you want to come back for the 40 feet, you're going to have to file a new appli- cation.. Page 5 January 8, 1987 Public Hearing - Frederick and Helen Hribok Southold Town Board of Appeals MS. MOORE: Ok. Could I have the figures that you've used so that I can varify them? CHAIRMAN GOEHRINGER: I have the existing house, 687.69. Pro- posed garage, 240. Proposed deck, 112.8. A total of 1040.49. MS. MOORE: You're using the entire parcel not exclusively of the right-of-way correct? CHAIRMAN GOEHRINGER: Well I'm using the map that was supplied to me from Peconic Surveyors. MS. MOORE: Ok. The square footage of the entire parcel. Al- right check that and you're not including a concrete patio? CHAIRMAN GOEHRINGER: No. The structures as they appear. MS. MOORE: If we have to cut it back, the drawings could be cut back I'm sure. And I understand that there's no notice to ad- joining properties of anything regarding the excess over 20%. CHAIRMAN GOEHRINGER: It's been the Board's feeling and that is an extremely tight area. I hate to use that word but in reference to the position .... None of the houses are staggered in any way. They all pretty much run in one line. So that is not to say we haven't granted applications in those areas. We are not going to discuss what would be the nature of the application and dis- cuss at this time. But we don't consider 40 square feet as be- ing a substantial application. I mean I don't if you were to deal with it on a percentage basis, it's a very small percentage only. MS. MOORE: I understand. It's 20 by 20. CHAIRMAN GOEHRINGER: It's 5 times 8, 40. 20 by 20 is 400. MS. MOORE: Thank you. That's why I'm not involved in building. Do you have any further questions? CHAIRMAN GOEHRINGER: No. We're primarily interested in the garage doors at this point. MS. MOORE: Ok. I will check on the garage door. garage door is irrelevant as long as it opens. The type of CHAIRMAN GOEHRINGER: And it remains open and it remains able to be opened borrowing the moving of whatever paraphanalia is in the way. Alright. We'll see if there is any other decision. Could I have my pen back. Let's see. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Any questions from Board members? Hear- ing no further questions, I make a motion closing the hearing and reserving decision until later. Ail in. favor - aye. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3583 Application Dated November 2], ]986 TO: Patricia C. Moore, Esq. as Attorney Edson and Bruer Main Road ~ Southold, NY l1971 for F. & H. HRIBOK [Appellant(s)] February 5, 1987, At a Meeting of the Zoning Board of Appeals held on 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 EX] Request for Variancesto the Zoning Ordinance Article II! , Section ]00-3] and Article XI, Section lO0-ll9.2 [ ] Request for '' Application of FREDERICK AND HELEN HRIBOK for Variances: (l) III, Section 100-31 for insufficient southerly side yard and total side yards, and (2) XI, Section lO0-119.2 for insufficient setback from existing bulkhead along Arshamomaque Pond, for this proposal to construct garage addition to existing dwelling, at 90 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-4. WHEREAS, a public hearing was held and Concluded~on January 8, 1987 in the Matter of the Application of FREDERICK AND HELEN HRIBOK under Appeal No. 3583; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has c~refully considered all testimony and documentation submitted concerning this applicatioD; and WHEREAS, the board members hive personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request Variances'from the Zoning Code: (a) Article III, Section 100-31 for insufficient sideyard setback from the southerly property line at-5.5 feet and 6.9 feet; (b) Article III, Section lO0-31 for insufficient total sideyards at ll.6 feet; (c) insufficient setback from the exist- ing bulkhead at 30.7 feet, as established, for the proposed construction of a bne-story lO' by 24' §ara9e addition. 2. The premises in question is a described parcel of land located along the east side of a private road referred to as "Carole Road," Hamlet of Southold (at Arshamomaque), Town of Southold, having a total lot area of .125 of an acre and 50.00 ft. lot width, or frontage, along Caro]e Road and Arshamomaque Pond. 3. The subject premises is and Agricultural Zoning District (CONTINUED ON PAGE TWO) DATED: February 5, 1987. Form ZB4 (rev. il) located in the "A" Residential and is improved with a one-story CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3583 Matter of FREDERICK & HELEN HRIBOK Decision_Rendered February 5, !987 frame, single-family dwelling of a size 28.3 wide by 24.3 feet deep. The existing setbacks.of the dwelling are 4.7 feet and 6.2 feet from the northerly side property line, 30.7 feet from the bulkhead, 15.5 and 16.9 feet from the southerly side property line, and 44.9 feet from the front property line, all as shown Qn survey dated November 6, 1986,prepared by Peconic Surveyors and Engineers, P.C. 4. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires ~inimum sideyards at 15 and l0 feet, minimum total sideyards at 25 feet. The amount of relief requested from the requirements as to sideyards is lO feet (21.6 ft. to ll.6 ft.), and zero reduction in existing established setback from bulkhead at 30.7 feet. 5. It is the understanding of this board that the construc- tion of this 10' addition will not violate any other provisions of the zoning code, including the 20% lot coverage limitation, and will be used only for storage and garage purposes. In considering this appeal, the board also finds and deter- mines: (a) the relief requested is the minimal necessary under the circumstances; (b) the circumstances of this property are unique, particularly in view of its nonconforming lot area, width and depth; ~(c) the relief requested is substantial in relation to the requirements; (d) there will be no substantial change in the character of the area and the variance will not in turn be adverse to the safety, health, welfare, comfort, con- venience or order of the town; (e) there will be no increase in population density resulting from the grant of this variance; (f) in consideration of the above factors, the interests of justice will be served by allowing the variance, as conditionally noted below, Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested in the Matter of the Application of Appeal No. 3583 by FREDERICK AND HELEN HRIBOK to construct one-story 10' garage addition at the southerly side of existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There be no further sideyard reductions to less than the requested at 5.5 and 6.9 at the south side, nor 6.2 and 4.7 at the north side, (west/east corners respectively). 2. South sideyard area must remain open and unobstructed at all times; 3. Compliance with the maximum-permitted 20% lot coverage limitation of the Zoning Code (except by subsequent application for consideration); 4. Placement of two garage doors, one at the water side and the other at the road side; 5. Balcony and construction of.garage as shown on building- construction plan filed under this application; 6. This variance shall automatically become null and void in the event construction is not commenced within two years hereof, and after proper issuance of a building permit. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass, and Sawicki. This resolution was duly adopted. lk February 23, 1987. :e with the minimu? .- proved and od~le. few York.~State ~, VE YOR S 502'0 9 'C % P C¸ /lC. NO. 4966 8 ENGINEERS , CERTIFIED TO : FREDERICK HRIBOK HELEN HRI~OK SURVEY FREDERICK HELEN HRI BOK AT ARSHAMOMAOUE FOR HRIBO TOWN OF SOUTHOLD SUFFOLK COUNTY , I000 - 052 02 SCALE I" =20' NOV. 6 , 198 6 N -~-~ .... [ (~) COUNTY O~ SUFFOLK ~. °" r.,? ' -~'--~ ~,,~,.., - ~lReal Properly Tax Service Agen~ R-SO R -80 R-80 LIO -80 / 8A ~' / \ \ \ \ _BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Rene Matos tO the Board of Appeals of the Town nf Southold TO: Town ~f Southold Main Road Southold, New York 11971 NOTICE TO ADJACENT PROPERTy OWNER YOU ARE HEREBY GIVEN NOTICE; 1' T~tention of the undersigned to petition the Board of A e to request a%~Variance) i'~im~a~f..xm.,n~,~ar~e~e,,~.?,r~.~,x~.~.:c~c~ Pp als of lhe Town of Southold -- ~.~---- --~---~~""q ~Gu"=~XX[ci£cle choice] 2. That the property which is the subject of the Petition is located adiacent 'to your property and is des- .er]bed as follows: 180 Carole--------~oad, Sour o , ew or known on the Suffolk County Tax Map as 00 - - - ' 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 That h~, such Petition, the undersigned will request the following relief: Variance to construct an 8' by 8' ·shed in the side yard of the premises a ]acent to e " exls lng we lng. 5. That the provisions of the Southold TOW~oZ(~n~n(~AC.o~e a~p(~i(~a_l~% to the relief sought by the under- signed are Article IIIA Sect_ion - , [ ] Section :~-A, New York :Town Law for approval of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you ma), 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-Matt]tuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing.. · Dated: Septmeber 2~, 1994 .. .. ... Rene Matos " Petitioner Owners'Names: Rene Matos Post Office Address --P. O. Box -- Tel. No. East Setauket.,.New gqrk..ll7 [Copy of sketch or plan showing proposal purposes.] to be atl;a. Clle~e~.c~Ve~a!ence NAME Judith Terry SoUthold Town Clerk PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAiL RECEIPTS ADDRSSS Southold Town Hal2 Main Road Southold, New Yor] 750 452 Receipt for Certified Mail No Ir~urance Coverage Provided Do not use for International Mail {See Reverse) et and No P , State and ZiP Code Certified Fee TOTAL POS a.elOI i~ ~ ' Postmark or Da ~ STATE OF NEW YORK COUNTY OF SUFFOLK ~"~¥qxl,~,- ~ ~"0~ (d , residing at I G~ 0 'm'r'u~,y~ovm 'b tO4:~ ~ ~{35~r ~0~,~n, ~ Ile/'~°/ , being duly sworn, deposes and says that on the ~ day of ~ib~- , 19cJt-lt , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Soulhold; that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by (certified) ~.~..ce.~ m.~il.. Sworn to before me this (This side does not have to property owners.) be c0mpleted on form transmitted to adjoining BOARD OF' AI:~PEALS, TOWN OF SOUTHOLD In th~- R4atter or the Petition of Rene Matos to the Board of Appeals of the Town of Sourhntd TO: Joseph Smulcheski and wife P.O. Box 802 Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. Tha~Lb it the~,intention of the undersigned to petition the Board of Appeals of the Town of Southold ,o request a ~ianc~a~cR~0e~X~pl~k~K~x~K~c) [circle choice] ,. 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 180 Carole Road, Southold, New York 11971, known on the Suffolk Cuun~y T~ .[,~.~ ,~.~ 1060-52-2-6. 3. Thai the property which is the subject of such Petition is located in the following zoning district: ~-40 such pelition, the undersigned w request the following relief: A variance to construct ' by 8' shed in the side yard of the premises adjacent to the =~-o L~-~ dw~llin~ . .5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article IIIA Section 100-30A.4. 100-33 [ ] Section 280-A, New Y0rk~Town Law for approval of ac0ess over r~§ht(s)-of-way[ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of 5outhold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: September 20, 1994~ Rene Matos Petitioner Owners'Names: Post Office Address Rene Matos P.O. Box 237 Tel. No. East Setauket,-NY 117.3~. (516) 765-5827 [Copy of sketch purposes.] or plan showing proposal to be attached f~f: Cb~,~j;,~$.lnce NAME PROOF OF MAILIN~ OF NOTICE ATTACH CERTIFIED H~IL RECEIPTS ADDRESS Joseph Smulcheski and wife P.O. Box 802 Southold, New York Z 750 452 ~ Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) P O, State and ZiP Coda STATE OF NEW YORK COUNTY OF SUFFOLK the current assessment roll of the Town of Southold; (certified) (registered) re.ail.. ~'~--"~f ~ln~O, ~ IICJ'~ , bein; duly sworn, deposes and says that on the of ~f'~g-~:~,~dJa~,.'- 19~ , deponent mailed a true copy of the Notice set forth on the re- verse sid~ hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by Sworn to before me this UNOA M. TONYES ~N~. Pub lie, State of New Yedt 49428e~.$uffo~k ceu~t3,. (This side does not have to property owners.) be completed on form transmitted to adjoining BOARD OF AI"~EALS, TOWN OF SOUTHOLD In tl~ Matter ot the Petition of Rene Matos t°~theBea~dofAppeal&nftheTnwnnfSou~hnld TO: Nicholas Ippolito 36 Gehrig Street Commack, New York 11725 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: q !' Th~.~inten!ionof,he. undersigned to petition the Boardxn, Appeals of the Tow~of Southnld 2. That the property which is the subiect of the Po,;,~-- :- ' ...... ; cribed as follows: . 180 Carole Road,· Southol'c~'~'~l~.,u~/a(~a°lacent to your property and is d~- known on the Suffolk County T~x Map as 1000-52-2-6 3. That the properw which is the subiect of such Petition is located in the following zoning d~trict: R-40 4 Tha~ b% such Peti6on, the undersigned will request the foliowin~ relief: A variance to construct a acen: :o ~. That the provisions of the Southold Town ZonlngCode aoolicable to the relief sought by the under- signed are ~le ' ~IIA ~ 100-30A. 4, 100-33 [ ] Section ~80-A, New York :Town Law for approval of access over ~tght(s)-of-way[ 6. That within five days from the date hereof, a written Petition requiting the relief specified above will be filed in ~he Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine ~he same during regular office hours· (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing... · Dated:~ Septmeber 2'0, 1994 . : .. .... Rene Mat0s · *.. Petitioner Rene Matos 0wners'Names: Post Office Address P.O.Box 237 ... East Set, auket, :.Ny 11733.~... Te]. No. (516) 765-5827 [Copy of sketch purposes.] or plan showing proposal to be attached for congen(ence NAME Nicholas Ippolito PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 36 Gehrig Street Commack, New York 11! ~'"'--~Z 750 452 41~6 Receipt for Certified Mail mm No Insurance Coverage Provided ~*~,~ Do not uae for International Mail (See Reverse) PO, S e and ZiP Code STATE OF NEW YORK COUNTY OF SUFFOLK fq ~ ~er, em ~ ~ I I ~ ~ , being duly sworn, deposes and says that on the ~ day of ~ ~ ,199~ , deponem mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their rmpective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on the current assmsment roll of the Town of Southold; that said Noticm were mailed a~ the United States Post rice al ~?~ ~ ~o~ ~ · ; that said Nolices were mailed to each of said persons by (certified) ~) mail. Sworn to before m.e this UNDA M. TONYES 1~ Public, Sram ~ NewYork 4942668, Suffolk F.~re~ October a, (This side does not have propecty owners.) to be completed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter et the Petition of : Rene Matos : to the Board of Appeals of the Town of Southold : TO: Southold Town Building Department 53095 Main Road Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~l~e~raX£~:e~l~,fl:~l~JakR~xRq~:x~X~ [circle choice] ; 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 180 Carole Road. Southo]~: NY known on the SCTM as 1000-52-2-6 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 Thath%suchPetition, theundersignedwillrequestthefoUowingrelief: Varianca ~n an 8' by 8' shed in the side yard of premises adjacent to the existin~ dw=lli~. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Section 1 ~-2nA ~ i nn-~3 [ ] Section 280-A, New York 'Town Law for approval of access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road, 5ourhold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in thc Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:· September 21~, 1994< Rene Matos Petitioner Owners ' Names: Post Office Address .Rene Matos P.O. Box 237 East Setauket, Tel. No. (516)765-5827 New York:il733 [Copy of sketch or purposes.] plan showing proposal to be attached for convenience PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAMI~ ADDRESS Southold Town Building Department 53095 Main Road Southold, NY 11971 Hand Delivered 9/22/94 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: , residing at , being duly sworn, deposes and says that on the __ day of ,19 0 deponent mailed a true copy of the Notice set forth on the verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this day of ,19 Notary Public (This side does not have to be property owners.) completed on form transmitted to adjoining