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HomeMy WebLinkAbout4165 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCO~I? L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4165. Upon application of SANFORD H. and ELIZABETH M. FRIEMANN. Request for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition and deck addition with spa within 75 feet of the existing bulkhead at 1165 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-8.4. Subject premises is located in the R-80 Zone District. WHEREAS, a public hearing was held on May 20, 1993, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present (R-80) zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100~239.4B for approval of an open deck addition/extension at the rear (easterly end) of the existing dwelling, all as shown on the sketch prepared by the applicants and survey dated March 9, 1993 prepared by Roderick VanTuyl, P.C. Proposed are: (a) a 14'6" wide by 10 ft. deep addition as shown on the plan prepared by R. Lehnert, Inc. (Design Drawing) dated March 24, 1993; (b) a six ft. open deck addition extending from the proposed 10 ft. addition (and extending 16 feet from the existing rear wall of the dwelling); (c) a spa addition with deck walkway. The decks and addition will be no closer than 48 feet to the outer edge of the existing bulkhead. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 3, Lot 8.4 and contains a total lot area of 19,998 sq. ft. Page 2 - Appl. No. 4165 Matter of SANFORD & ELIZABETH FRIEMAN Decision Rendered May 20, 1993 3. The dwelling as exists presently has the following nonconformities: (a) front yard at 24+-' at the westerly property line, (b) southerly side yard at six feet. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. In considering this application, Board Members find: (a) the relief requested is not substantial in relation to the existing established nonconforming setbacks in the area of this shoreline for "cabana-type" buildings; (b) the construction is for an open deck addition without a foundation or basement and without a screened or permanent-type enclosure - this type of construction is not major and will not affect the stability of the soils seaward of the house; (c) the relief requested will not alter the essential character of the neighborhood - the topography of parcels in the immediate area have significant differences in topography, shape and character in relation to the creek shorelines, however, each has natural bluff areas between the improvements (buildings) and the bulkheads; (d) the practical difficulties are uniquely related to the property and are not personal to the landowner; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; (f) the benefit to the property owner is minimal, and there will not be a detriment to the health, safety, and welfare of the neighborhood or community by the grant of this variance; (g) the benefit sought by the applicants cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance -- particularly in light of the established nonconformities in this neighborhood; page 3 - Appl. No. 4165 Matter of SANFORD & ELIZABETH FRIEMAN Decision Rendered May 20, 1993 (h) in view of all the above, the interests of justice will be served by the grant of the requested relief as requested and conditionally noted below. Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as requested in the Matter of the Application of SANFORD AND ELIZABETH FRIEMANN under Appl. No. 4165. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTH©LD TOWN CLEBK Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~nn Telephone (516) 765-1809 BOARD OF APPEALS TOV~N OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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, New York 11971, on THURSDAY, MAY 20, times specified below: 53095 Main Road, Southold, 1993 commencing at the 1. 7:30 p.m. Appl. No. 4166 - ROBERT W. ALCUS. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for approval of an existing deck around existing accessory swimmingpool {which pool structure has received a Certificate of Occupancy under No. 14664 and Building Permit No. 13046 dated 6/17/84}. Variance is required since all structures have a total lot coverage over 20% of the lot area. Subject premises is nonconforming as to total lot area and width in this R-40 Low-Density Zone District and is shown on the Map of Indian Neck Park as Lot No. 8; Suffolk County Tax Maps as District 1000, Lot 4. Street Address: 335 Smith Road, also shown on the Section 98, Block 4, Peconic, NY. Page 2 - Notice of .~arings Southold Town Board of Appeals Regular Meeting of May 20, 1993 2. 7:35 p.m. Appl. No. 4167 - ETTORE PENNACCHIA and TOUCH OF VENICE RESTAURANT. Request for a Variance to the Zoning Ordinance, Article XIV, Section 100-101C(3) for permission to locate an off-premises-directional sign on property owned by Ester DiGioia, premises located in the Light Industrial (LI) Zone District, at the southeast corner of the intersection of Middle Road (County Road 48) and Lipco Road, Mattituck; County Tax Map No. 1000-141-3-18. 3. 7:40 p.m. Appl. No. 4165 - SANFORD H. and ELIZABETH M. FRIEMANN. Request for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition and deck addition with spa within 75 feet of the existing bulkhead at 1165 Old Harbor Road, County Tax Map Parcel No. 1000-117-3-8.4. located in the R-80 Zone District. New Suffolk, NY; Subject premises is 4. 7:45 p.m. Appl. No. 4039 (Owner). Appeal of the April the Building Inspector, citing "...Article III, Section 100-13 Definition Section of the Zoning Code pertaining to "hotel or motel transient, which says in part that there will be no cooking facilities." The subject premises previously had received a Special Exception under Appl. No. 3542 for motel units without maps or plans before the Board for individual - CLIFFSIDE ASSOCIATESr INC. 9, 1991 Notice of Disapproval from Page 3 - Notice of Warings Southold Town Board of Appeals Regular Meeting of May 20, 1993 kitchenettes or dwelling uses. {The Special Exception use did not include approval for kitchenettes or dwelling uses}. Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-001 and 002 (now 2.1), containing approximately 7.5 acres. The Board of Appeals will at said time and place hear any and all persons or representatives.desiring to be heard in the above 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 the files or need to request more information, please call 765-1809 or visit our office. Dated: April 30, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x FORM NO. a TO~N OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL Date ..... ~..I~IL ~0 .... : .... 19.. ~. P.O. BOX 968 C[ITCItOGIIE, hE}/ YORK 11935 PLEASE TAKE NOTICE that your application dated APRIl, I, 1993, rG~d~,;,{£i:dd 'd~£t' '13',' T9'9'~' " 19 ..... for permit to CONSTRUCT ADDITION AND DECK ADDITION }/ITlt SPA Location 1165 OLD ltARBOR ROAD of Property ............... hE}/ SDFFOLK, N.Y. House No. ' ............................................... Street Ham/et County Tax Map No. 1000 Section I 17 ' Block 3 8.6 Subdivision ................. Filed Map No ................. Lot No ....... ' ..... is returned herewith and disapproved on the following grounds ....1~..g.R...~y.t.c.i~...mr..i.Ij. ..... SECTION 100-239.4 PROPOSgl) CONSTRUCTION IS LESS ~ 75 Ir~F.T FRO~I 'rltl~ B AD. ·· ACTION hEQUIRRD BY 'rul~ZONING BOARD OF APPEALS .,su x l~d. Xng Inspector TROI~ j. FIShER ' ,' ~ ,"7'"'"""~ FORM NO. 1 ~ '~, ,' ' TOWN OFSOUTHOLD [.. BUILDING DEPARTMENT .... TO WI~! HALL !..., r~ :, ~ '- SOUTHOLD, N.Y. 11971 /-... .......... ,l~. "~>~ Approved .. , ''i ........ l'C .PermitNo ............ ...... . ..... BOARD OF HEALTII ......... 3 SETS OF PLANS .......... SURVEY ................... CIICCK TO: ", (Buildin,j Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ............ ~., 19 ~-~ a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 "~ of p!ar~, accurate plot plan to scale. Fee according to schedule. b/... i'-fot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ~as, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- :. The work covered by this application may not be commenced before issuance of Building Permit. ~ . Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work· e. No building shall be occupied or used in whole or in p~rt for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Depa:tment for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other appUcable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordivances, building code, housin code and re ulatio admit authorized inspectors on prem!ses and in building for necessary insp~ g , ,g ns, and to - .............. (Si°nature of'applicant, or name, if a corporation) · (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises . .~.,q..,"~'..,'"'~o..',~..O../~.../E. Z~../.~:..~'/ff'../_7~. ?./.~....~9... t ..~.~./.~ .,~..,.,.,.,.,.,.,.,.,,5~e'~/..'~. .......... (as on the tax roll or latest deed) If applicant is a Corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No.../O~. ,..O.-.~.._.~.../.~../ ......... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be'done .................................................. · .... 1.[~. ....... llouse Number Street ................ ~'" ' '~" ' ' Hamlet County Tax Map No. 1000 Section .... lt..~ ......... Block ...... -~ ........... Lot ...... .Si .'~.. ........ Subdivision ...................... (Name) ............... Filed Map No ............... Lot ............... 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . ~¢:~'~'~"~ ,,~/~5','.,0~,,~, ~/~- ........................................... .?..... ....... ;~:~ .............. .... ·Intended use and occupancy .. 3. Nature of Work (check which applicable): New Building. ' .... Addition .. ~.. ..... Alteration ~'. ...... Repair .............. Removal .............. Demolition . ' Other Work ............... (Description) 4. Estimated Cost ........ ~.-~.,. O:-r:Y.2..' .................. Fee ... .................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units . · ../. Number of dwelling units on each floor . If garage number of cars ....... ~ .............................................................. 6. If business commercial or mixed occupancy specify nature and extent of each type of use .... 7. D~mer. nons ot.ex~stmg structures ~fany: Front..~.o ~, Rear ~'/g/ no,~.u He!;~it ..... g. elg.( ...... Number of Stories .... ' ~.' ....................... v .................. D, iinensio s of sa e structure with alterations or add tons' Front /'-ff-.t? ' ~'.3/ .............. .~/"~.' '! .......... · . no? .~-- ,, · ................ Rear .... ........ /Depth &'..T e/ii ~ ....... Height .... ' · · Number of Stories . o ~ ., o. D~menmons of entire new construction- Front / '?' R / ............... ear .... ,yr. ......... Depth ............... Height .... /. 5I. (...~...~. Number of Stories ...... ./. ....;:": .......................... '~ .............. 9. Size of lot: Front ...'/..Sa. a~.'/. ........... Rear..../:.O.5 .,. e'a~. ......... Depth A~.:/iz.~_.... *7. I0. Date of Purchase .................... ......... 14.qm._e of Former.Owner ~/37.. 6~..gd~.~'.<-.4-t~. ~.: .... 1 1. Zone or use district in which premises are situated .... /.K~5.4 ~).~..'~..~.: .~.<,- ............................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ...~.O ...................... 13. Will lot be regraded ...... ~.O ................... Will ex,tess fill be removed fro.,mc premises: Yes 14. Name of Owner of premises ~./,/'..,.~..~.'~?-~"~.,'e Address~,O ~'~'~f'~ ~-~L,t~O '~m,~ Nln ~?~- ~q/:z-- Name of Arcintect ~.4~?..~...'v:'.Lr.../,~eC: ............ Address~44~a..~.,~r% ~"7" .... Phone No.&~.ff.~°.'''. .9. 9'.~... Name of Contractor ~tq..'.'.'.'.'.'.'.'.~=.. ~.,q.t<.i$ ............. ACdress ~,~. c .-':z'. e-eT?.cr~ ..... Phone No. ~..q.~..'.~..3'7. 7.7.. 15. ' Is this property within 300 feet of a tidal wetland~ *Yes .... - ~/O - . *If yes, Southold Town Trustees Permit may be required. ' · ... ' _ . PLOT DIAGRAM .,~''~ Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all Set-back dimensions fro.[ property lines. Give street and block number or description according to deed, and show street names and indicate wheth[ interior or corner lot. STATE OF NEW.'~ORK~' :~' COUNTY OF.. :~O~'T~,~,.%.. ..... 5 ............... (Name of individual signing contract) above named. He is the ......................... ~ .a .............................................. (Contractor, agent, corporate officer, etc.) ' ' of said owner or owners, ~d is duly authorized to perform or have parroted the said work and to m~e and fil~ this npplication; that all statements contained N tiffs application are true to the best of his knowledge and belief; and that the wor~ w~l be parroted in the manner set forth in the application filed therewith. Sworn to before me this C~IRE L ~W ~bll~ State of N~Y~ ................... No. 4879505 .* (Signature of applicant) Oualif ed in Surfak Cou~ ~mi~ion E~ires D~mber 8, RPR ? lgg3 TOWN OF SOUTHOLD, NLm// YORK APPEAL FROM DECISION OF BUILDING INSPECTOR ( ) ( ) ( ) TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. s ............................. ......... .............................. 1, (We) ...................... - Name of Appellant Street and Number .... .~..~......~..~.~..~...~....../....&.~..~.~., .........4[..~.~ ............ Z~..~_'...:.....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit " Municipality r -- State Street and Number PERMIT TO US£ PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .............. Street /Hamlet / Use District on Zoning Map District lO00 Section BI°cI~'7-L~°t ~"~Current Owner _~ Map No. -Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~,~/ Section 4=~",'~. Y' 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) f/h(') A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law' Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) G been mqde with respect to this decision Of the Building Inspector or with respect to thisproperty. · Such appeal was ( ) request for a special permit [ ) request for a variance and was made in Appea! No ................................ Dated .................. : .......... ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ~/) A Variance to the Zoning Ordinance ( ) is requested for the reason that %-. Form (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 77,. 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district ·because 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER` OF THE DISTRICT because.· ""~/-/-k~. ,~Z)~/~ ~ ~ ~O/~ ~)t~,,~. /t~ STATE OF NEW YORK ) · COUNTY OF ) Signature ~ . da o~ ' ,~,~r/ / ' '.' ~~'~'~Sw°rn tothis..7...~ / .~///~/ ............................... ......... Y . .......... . ..................................... ' , ' .......... . ' '9 ~. ~/~ Notary Public,tRy JANE WADO~LL . /// / Notary Pub}~c, S~b~ of New York Ou~iifisd i,~ Lmi'a~k County '" OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD VILLAGE J DIST. J COUNTY TAX MAP NO. "7- "~/' '~/"' '" ~' '""~/' ~- / ,2...- / ~LAND IMP. TOTAL DATE REMARKS: TRIM M. Bldg. Extension Extension Porch Foundation Bosement Port. h,, /~,,, Ext. Walls Breezeway~'~ ', ,/~ ~' 2 0 r- p ti,, Fire Place Garage , ~ / ~, z ~- Type Roof Total Recreation Room Dormer Bath Floors Interior Finish Heat i iRooms 1st Floor Rooms 2nd Floor Driveway Dinette K. DR. ,BR. N E AC. GE FORMER OWNER TYPE OF BUILDING LOT RES. ,..-' LAND , ~GE Tillable 1 Tillable 2 Tillable 3 'Wcodland i~ampland ~3rushla'n~ °Use Plot SEAS. IMP. /'~ dO VL. TOTAL ~'~2o o FARM DATE ! i,/ABOVE Value COMM.' I IND. I CB. I MISC; V..O E H LE f?... Z ,> I)OC V-- / / MAP OF P~OPEI~TY r,,IE'v,,/ .T'jv.?q "'"' " " N~ sc^L -40 r:]' ,"4C t -~kJ I"1E ,~'T' suFF. CO TA, Y MAP DATA:iOOO'~IT-B'8.4i New York State Departr~t of Environmental Conservation: Buildln~ ~.~-)SL~.St~:~9~rook, New York 11790-2356 Thomas C. Jorllng Date: ~t,~ / 79'~.~ Commlaaloner . Based on the information you have submitted, the New York State Department of ~-nvironmen~al Conservation has dete~cmined that: ~ Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act . Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure.that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, p y Regional P~lt Administrator TRUSTEES John M. Bredemeycr, III, President Albert J. Krupski, Jr., Vice President Henri E Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 .April 2, 1993 Sanford Friemann Old Harbor Road New Suffolk, NY 11956 RE: SCTM #1000-117-3-8.4 Dear Mr. Friemann: After an inspection by a representative of the Board of Trustees, the proposed addition was found to be out of the Trustees jurisdiction. Please note that this does not constitute any approvals from any other agencies. If you have any other questions, please do not hesitate to contact this office. Very truly yours, ~enry~ P. Smith Member, Board of Trustees HPS:jd Present: PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD May 20, 1993 (7:30 p.m. Hearings Commenced) HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board ZBA Hearings 10 May 20, 1993 APPLICATION NO. 4165 - SANFORD H. and ELIZABETH M. FRIEMANN Request for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition and deck addition with spa within 75 feet of the existing bulkhead at 1165 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-8.4. Subject premises is located in the R-80 Zone District. 7:42 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of a survey dated March 9, 1993, indicating the request of this variance inclusive of the addition, of a deck of approximately 18 by 50 along the rear yard, which is basically the portion that faces the water; and inclusive in that is a 10 by 14 addition to the house; and a copy of Suffolk County tax map indicating this and surrounding properties in the area. Sandy, would you like to be heard? Appearance: Sanford H. Friemann, Applicant pro se Yes, I'd Just like to point out that we would like to have, obviously, this variance granted to us. The property is well above the height of the bulkhead, and not to be able to add on to the house would pose a hardship to us as well. THE CHAIRMAN: The spa that you are referring to I assume-- ZBA Hearings 11 May 20, 1993 MR. FRIEMANN (interposing): It's a hot tub. THE CHAIRMAN: Yes, it's a hot tub, penetrating the ground? What is the elevation above the ground? MR. FRIEMANN: I really haven't got that set yet, but it will be as close to the ground as I can keep it. THE CHAIRMAN: would that.be? MR. FRIEMANN: THE CHAIRM/tN: MR. FRIEMANN: THE CHAIRMAN: unroofed? MR. FRIEMANN: THE CHAIRMAN: I see. And approximately how wide The size of it? Yes. It is around 5 feet in diameter. Okay. And the deck would remain Yes. Except for the addition, which would be an elongation of the bedroom area? MR. FRIEMANN: Exactly. THE CHAIRMAN: Okay. And the elevation of that deck would be what, about 3 feet above the ground? MR. FRIEMANN: Oh, I believe 18 inches to 2-foot. THE CHAIRMAN: Okay. I thank you very much. While you are there, we will see if there are any questions. Does anybody have any questions of Mr. Friemann? MEMBER DINIZIO: Yes. The spa is indicated as being as like a little outcrop of the deck --is that closer to the bulkhead? · ZBA Hearings 12 May 20, 1993 MR. FRIEMANN: MEMBER DINIZIO: and the bulkhead be? Do you have an idea? MR. FRIEMANN: It will be plus or minus about 50 BOARD ASSISTANT-CLERK: You have 48 feet on here. Dinizio, Yes. What will the distance between that feet. MR. FRIEMANN: 48 feet. What I point out to you, Mr. is our property is well above the bulkhead and there is no erosion problem or anything like that because the bank is totally vegetated. MEMBER DINIZIO: You just indicated you didn't know the size of the spa, so I just wanted to be sure, you know, what we are looking at. It looks like we are looking at a spa that's 11 feet-- MR. FRIEMANN (interposing): Like a swimming pool? No, the reason to move the spa out further is that if you walk out of the sliding glass doors on the addition, we Just want some room between the door and the spa so you don't walk out and fall into it. THE CHAIRMAN: Makes sense. MEMBER DINIZIO: Sure does. THE CHAIRMAN: Any other questions? (There was no response.) THE CHAIRMAN: We thank you again. MR. FRIEMANN: Thank you. ZBA Hearings 13 May 20, 1993 speak? THE CHAIRMAN: Is there anybody else who would like to (There was no response.) THE CHAIRMAN: Seeing no hands, I make a motion closing the hearing and reserving decision until later. (Seconded and carried; see Clerk's Minutes.) THE CHAIRMAN: We hope to have a decision for you tonight. You are welcome to hang around a little while or give us a call tomorrow morning, either one. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERTJ. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR h. KUNZ DIRECTOR OF PLANNING June 1, 1993 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Com,,~ssion are considered to be a matter for local determination. A decision of local determination should not be construed as either am approval or a disapproval. Applicant(s) Municipal File Number(s) Friemann, Sanford & Elizabeth Pennacchia, Ettore/Touch of Venice Restaurant 4165 4167 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehrin~er, Chairman Serge Doyen, Jr. James Dinizio, Jr. R Robert A. Villa icliar~ -C. Wl-lton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pt~rsuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Soutbx~ld, New York, hereby refers the following to the Suffolk County Planning Cc~nission: XX Variance from the Zoning Code, Article XXIII , Section 100-239.4 __Variance from Determination of Southold Town Building Inspector ~Special Exception, Article , Section ~Special Permit Appeal No: 4165 Applicant: Sanford and Elizabeth Friemann Location of Affected Land: 1165 Old Harbor Rd., New Suffolk, NY County Tax Map Item No.: lO00- 117-3-8.4 Within 500 feet of: __' Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Comments: Applicant is requesting permission.to construct addition and deck addition with spa within 75 feet of existinq bulkhead. ~opies of Town file and related documents enclosed for your review. Dated: ,*~Lat~ )--~ /~3 APPEALS BOARD MEMBERS Gerard P. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 25, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Sanford H. 155 Pinewood Road P.O. Box 968 Cutchogue, NY 11935 Friemann Re: Appl. No. 4165 - Setbacks to Bulkhead Dear Mr. and Mrs. Friemann: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals at our May 20, 1993 Regular Meeting. Please be sure to return to the Town Building Department and any other agency which may have jurisdiction in this project for issuance of all permit(s) or other approvals before commencing any construction activities. We have furnished copies of this approval to the Building Department for their update and permanent recordkeeping concerning its issuance of the April 20, 1993 Notice of Disapproval, as well as a copy to the Suffolk County Department of Planning in accordance with the rules set forth in the Administrative Code for projects located within 500 feet of waterways, and state or county properties. Very truly yours, Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning PUBLIC HEARINGS NOTICE OF ~eet of the existin]l[~lkhead at ' NOTICE IS HEREBY GIVEN, l:;ursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURS- DAY, MAY 20, 1993 commen- cing at the times specified below: 1.7:30 p.m. Appl. No. 4166 -- ROBERT W. ALCUS. re- quest for Variance to the Zon- ing Ordinance, Article IliA, Section 100-30A.3 (Bulk Schedule) for approval of an existing deck around existing ' accessory swimming pool {which pool structure has received a Certificate of Oc- cupancy under No. 14664 and Building Permit No. 13046 dated 6/17/84}. Variance is re- quired since all structures have a total lot coverage over 20% of the lot area. Subject aremises ii nonconforming as 'o total lot area and width in 'his R-40 Low-Density Zone District and is shown on the Map of Indian Neck Park as Lot No. 8; also shown on the Suffolk County Tax Maps as ~)istrict 1000, Section 98, ]lock 4, Lot 4. Street Address: t35 Smith Road, Peconic, N.Y. 2. 7:35 p.m..fi, ppi. bio. 416~ ETTORE PENNACCHIA [ md TOUCH OF VENICE[ RESTAURANT. Request for a Variance to the Zoning Or- linance, Article XIV, Section 100-10lC(3) for permission to ocate an off-premises- lirectional sign on property ~wned by Ester DiGioia, ~remises located in the Light ndustrial (LI) Zone District, tt the southeast corner of the ntersection of Middle Road County Road 48) and Lipco ~.oad, Mattituck; CountyTax~ Vial] No. 1000-141-3-18. 3.7:40 p.m. Appl. No. 4165 SANFORD H. and :.LIZABETH M. :RIEMANN. Request for a lariance to the Zoning Or- linance, Article XXlII. Sec- ion 100-239.4 for permission o construct addition and deck ,ddition with spa within 75 1165 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 100-117-3-8.4. Sub- ject premises is located in the R-80 zone District. 4. 7:45 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC. (Owner). Appeal of the April 26, 1991 Notice of Disapproval from the Building Inspector, citing "...Article III, Section 100-13 -- Definition Section of the Zoning Code pertaining to "hotel or motel transient, which says in part that there will be no cooking facilities:' The subject premises previously had received a Special Exception under Appl. No. 3542 for motel units without maps or plans before the Board for in- dividual kitchenettes or dwell- ing uses. {The Special Excep- tion use did not include ap- proval for kitchenettes dwelling uses}. Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000- 045-01-001 and 002 (now 2.1), containing approximately 7.5 acres The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more informa- tion, please call 765-1809 or visit our office. Dated: April 30, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN · By Linda Kowals,ki IX-5/6/93(15) COUNTY OF SUFFOLK STATEOF NEW YORK ss: Patricia Wood,' being duly sworn, says that she is the Editor, o( THE LONG ISLAND 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 .pul)lished in said Long IsLand Traveler-Watchn~an ¢)llce L',lCb week for. / weeks successively, commencing on the ........... : .......... ..................... day Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of N~w York No. 4806846 Qualified in Suffolk County Commission Expires oe/3t/q¥ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southeld, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Copies of Legal Notice to the following 5/4/93: Mr. and Mrs. Sandy Friemann P.O. Box 968 Cutchogue, NY 11935 Mr. Kenneth Tedaldi (Re: Cliffside) P.O. Box 815 Quogue, NY 11959 Rudolph H. Bruer, Esq. (Re: P.O. Box 1466 Southold, NY 11971-1466 Arcus) Richard T. Haefeli, Esq. (Re: 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 Cliffside) Mr. Ettore Pennacchia P.O. Box 1623 Mattituck, NY 11952 (Re: Touch of Venice) (Hand Delivered to): Official Newspaper L.I. Traveler-Watchman, Traveler Street Southold, NY 11971 Inc. Copies to Board Chairman and Members, with copies of file contents as of 5/4/93. Original Legal Notice posted on Town Clerk Bulletin Board 5/4/93. Copies 5/4/93 to: Building Department Planning Board Office Town Attorney APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rot~ A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.'E.Q.R.A. TYPE II ACTION DECLARATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fsx (516) 765-1823 Telephone (516) 765-1800 April 27, 1993 Appeal No. 4]65 Project/Applicants: County Tax Map No. Location of Project: Sanford and Elizabeth 1000' '117-3-8.4 1165 Old Harbor Rd., Friemann New SAuffolk, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct addition and deck addition to existing dwelling within 75' of bulkhead This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13{a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual, board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OFSOUTHOLD TO: FROM: DATED: RE: Zoning Board of Appeals Judith T. Terry, Southold Town Clerk April 27, 1993 Zoning Appeal No. 4165 of Sanford and Elizabeth Friemann Transmitted herewith is Zoning Appeal No. 4165 of Sanford and Elizabeth Friemann for a variance. Also transmitted is: Notice of Disapproval, dated April 20, 1993; Notice to Adjacent Property Owners; Short Environ- mental Assessment Form; letter of Non-jurisdiction from the Southold Town Board of Trustees, dated April 2, 1993; letter of Non-jurisdiction from New York State DEC, dated April 8, 1993; ZBA Questionnaire; Certificate of Occupancy, dated October 13, 1971; photograph showing stakes for proposed project; survey; and proposed plans. Judith T. Terry Southold Town Clerk 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM Fer UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comoleted by APplicant or Project sponsor) SEQR 3. PROJECT LOCATION: New [] Ex=ansmn 7. AMOUNT OF LAND A;FECTE. O: Inltiallv acres Ultimately acres the action is in the Coastal Area, and you are a state agency, complete ti~e Coastal Assessment Form before proceeding with this assessment OVER 1 .(Continued on reverse side) The N.Y.S' Environmental Quality Review Act requires submission · before any action is taken. I_~NSTRUCTIONS: (a) In order ko answer the questions in this short EAF it is assumed · that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has bee~ answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the projec= is not significant. (d) ~nvironmental Assessmen~ 1. Will project result in a lar=e physical change to the project site or physiCally'alter more than 10 acres of land? . Yes .~iNo 9.' Will project adversely impact any site or struct- Mre of historic, pre-historic, or paleontological importance or any site designated as a critical 10. Will project have a m~jor effect on existing or future recreational opportunities? .__.Yes ~No 11. Will project result in major traffic problems or cause a major effect to existing transportation .' ' systems? .__Yes ./~Wo 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project,s operation? ~Yes ,~No 13. Will project have any impact on public health or sa£e~y? 14. Wiil project affect the existing community by ~__Yes directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year ..,_Yes No period o~r have a major negative effect on the character of the community or neighborhood? 15. IS there public ~ntrovers- project. //- ' g the Z~A ~/~$ ~'6z.,~/~'''*'' __ Date: QUESTZC-'~AIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of tthe owner(s) and any et individuals (and entities) having a financial interest in the subject premises and a descrintion of their interests: (Separate sheet may be attached. ) B. Is the sunjecu premises ~ista~ on the real esuaEe marna~ for - :~ or being show. t~o prospective buyers? ( ) Yes No. (Ti ~S, p~e av~h c~ ~ "con~,, of ~e.) C. Are ther~ any ~o~al= tD ~ange ~ alt~r l~d { } Yes ~ Np D. 1. Are there any areas which contain wetland grasses? /~/~- 2. Are the wetland areas shown on the this application? ~//~ map submitted with 3. Is the property bulkheaaed betweT~the wetlands area and the upland building area? /~/ 4. ' If your property contains we~iahds or pond areas, have you contacted the Office of the ~ustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~_s .which e~ and are not mhuwn un the survey map that you arm sUbmitting? ~O If none exist, please state "none." · G. Do you have any construction taking place at this time ~ p rmlu anu map as approved by the Building Department. If none, please state. H. Do you or any co-owner alsd own other land close to this parcel? /~/O If yes, please explain where or submit copies of deeds. propose~ use j.~.~ ~ I. Please list present use or operations Conducted at this parcel ' ,,~$,-o~'~'c~ and ]/87, lO/901k § 97-13 WETLANDS § 97-13 TOWN ~ The Town of Sou:hold. TRUSTEES ~ The Board of Trustees of the Town of Sou:hold. [Added 6-5-~4 by L.L..No. 6-1984] ~JE~'i_~\qDS [Amended 8-26776 by ~ ~o. 2-197G; 3-2S- A. tiDAL WETLANDS: (1) Ail lands generally covered or in~rmitlently ered w~th. or which border on. tidal wa~. or iands lying beneath tidal waters· which at mean lo~ tide ~re covered by tidal waters ~ a maximum deDth of five (5) feet, including hut not limited m banks, bogs. salt marsh, swamDs, meadows, ~a~ or other low }ying lands subject ~ tidal action; ' (2~ All hanks, bogs. meadows. ~a~ and tidal m~rsh subject to such tides and u~on which grows or grow some or any of the followin~ salt hay, black grass, saltwort, sea lavender, ~11 cord~ass, h~gh bush. c~tmiIs, groun~eL m~sh~nHow ~d ~w (3) All ~d immediate~ udj~cen~ ~ a tidul w~i~nd as deYined in Subsection Al2) and lying within Seven- ty-five (75) fee~ landward of the most l~ndward edge of such ~ tidal wetlnnd. B. FRESHWATER WETLANDS: ' (1) "Freshwater wedands" as defined in Article 24. tie 1. ~ 2,1-0107. Subdivis{ons 1(~) to l(d) inclusive. of the Environmental Conservation Law of the S~te of New Yor{(: and (2) All land immediately ad,iaecnt to a "freshwater Wet- · no. 'as oeflned in Subsection B(I) and lying ~vith. m seven[y-five (75.) feet }a,,dward of the most land- ward edge of a "freshwa:er wedand." 9705 FORM NO. 4 · TOWN OF SOUTHOLD BU~.DING DEPARTMENT Town Clerk's Of[ice $outhold, N. Y. Certificate Of Occupancy THIS CERTIFIES that the building located at . E~.$. C~Ld .~ar. hor. Rd ...... Street conforms substantially to the Application for Building Permit heretofore filed in this office dated .......... ~t. · 2% ..., 19..70 pursuant to which Building Permit No...~01 ~Z. dated ......... 0c~t.. 21 ...... , 19..7Q was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Pr.~.~ate ~amil.y. dwe.tling ....... The certificate is issued to . Elizabeth .Whelan ..... Owner ......................... (owner, lessee or tenant) of the aforesaid building. . Suffolk County Department of Health Approval .~ct.. ~. ~ ~?.l.. bM .R,..Villa ...... House /~ 1155 old hbr rd L['. ~ '~./~'" ' ........ ./:"~.~:./.,.~. . ... : .... ~. . . ~.... .. .... Building Inspector ' I Southold Town Board of Appeals  MAIN ROAD- STATE RI=lAD 25 SRUTHOLD, L,I,, N.Y. 119'71 TELEPHONE {516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE ............... DOYEN, JR. ACTTON OF THE SO~ OF APPEALS JOSEPH H. SAWlCKI Upon Application of FREDERICK KOEHLER, JR. for a Variance to the Zoning Ordinance, Article II, Section 100-119.2B for permission to locate accessory structure along existing bulk- head at Cutchogue Harbor, premises known as 575 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-6. WHEREAS, a public hearing was held on June 2, 1988,:in the Matter of the Application of FREDERICK KOEHLER, JR. under Appeal No. 3717; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, 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. This is an Application for a Variance under Article II, Section 100-119.2B, as amended May 17, 1988, for permission to locate an accessory storage building incidental to the existing residence of the premises and for inside storage of the owner's boating and yard equipment as more particularly shown on the architect's rendition dated May 27, 1987, prepared by Samuels-Steelman. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 3, Lot 6. 3. The premises in question is a described parcel containing an area of 2.8+- acres, with frontage (lot width) along Old Harbor Road of 329.42 feet, and average depth of 660+- feet. 'Page 2 - Appeal No.(~ 717 Matter of FREDERICK KOEHLER, JR. Decision Rendered July 14, 1988 4. Article XI, Section 100-119.2B of the Zoning Code (as amended) requires all buildings or structures proposed on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than Sounds shall be set back not less than seenty-five (75) feet from the bulkhead. 5. On-site inspections find as follows: (a) the immediate area of this neighborhood does consist of parcels improved with accessory buildings with minimal setbacks from the bulkhead'and Bay; (b) the height of the neighboring accessory buildings near the bulkhead and Bay are one-story (or less) in height and are used solely for storage purposes incidental to the existing residence and not for sleeping or income ~urposes; (c) extensive regrading and construction of a timber retaining wall has taken place since this board's previous decision under Appeal No. 3496 which appear to have rectified the previously-existing eroded and unstable bluff toe; (d) the slope is vegetated with Rugosa rose and appears fairly stable; (e) there is a wooden-plank walkway in a continuous slope without steps and very steep. (f) the premises is also improved with a single-family dwelling and accessory garage presently located in the northerly yard area {see architect's rendition for particulars}. 6. It is the opinion of the Board that due to the erosion factors in this area, and the precedents established in the immediate area, an accessory building in the area noted below (as an alternative to the location requested) for the purposes of storage incidental to this parcel is not unreasonable. 7. It is the position of this Board that: (a) the relief as alternatively granted herein is within the character of the immediate general area; (b) the relief requested is substantial in relation to the requirements; (c) the relief is related to the uniqueness of the property; (d) the variance, as alternatively granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring Page 3 - Appeal No~ '717 Matter of FREDERICK k~£HLER, JR. Decision Rendered July 14, 1988 pursue; there is no other method feasible for appellant to (f) in considering the above factors, the interests of justice will be served by granting the following alternative relief. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance under Article XI, Section 100-119.2B (as amended) in the Matter of the Application for FREDERICK KOEHLER, JR. under Appl. No. 3717, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory storage building be locateda minimum of ten (10) feet from the lower bulkhead'{exclusive of overhangs, deck walkway, or step areas}; 2. That the accessory storage building not be larger than the size 20 ft. x 12 ft. (exclusive of overhangs, steps, deck, walkway areas), and proposed four-ft, overhang can have posts within the above-mentioned 10-ft. setback; 3. That the accessory building be used for storage purposes incidental to the residence and not be used for sleeping or living quarters; 4. That the doors to showers must be on outside wall of the accessory building and not an interior doorway; 5. That plumbing facilities will be permitted for the shower(s) only; 6. That the height of this accessory building shall not exceed one-story (12 feet high); 7. Deck areas shall be permitted as proposed at ground level to the bulkhead, provided the height is not higher than two feet (2') elevation above the bulkhead; 8. Size of deck may be of a size as proposed on the May 27, 1987 rendition prepared by Samuels-Steelman, Architects. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was duly adopted. lk GERARD p. GOEHRINGER ~" CHAIRMAN Southold Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3496 Application Dated April 24, 1986 TO: Mr. Henry E. Raynor, Jr. as AGENT FOR MR. FREDERICK KOEHLER P.O. Drawer A Jamesport, NY 11947 Mr. Frederick Koehler~ c/o Bud Realt.¥~ Farminqdale~ NY 11735 At a Meeting of the Zoning Board of Appeals held on July 27~ 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 [Appellant(s)] [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ~ Request for Variance to the Zoning Ordinance Article XI , Section ]00..]]9.2(B) [ ] Request for Application of FREDERICK KOEHLER, JR. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct 38' by 16' beach pavillion and attached deck areas extending a length of 124± feet and width of 28 feet (exclusive of stairs), accessory and incidental to the established single-family residential use of the premises, not to be operated for sleeping or habitable 'purposes and not operated for gain, within 75 feet of ordinary highwater mark and/or landward edge of tidal wetland, along Peconic Bay, 575 Old Harbor Road, New Suffolk, NY; County Tax Map District lO00, Section ll7, Block 03, Lot 06~ _ WHEREAS, a public 1987 in the Matter of the under Appl. No. 3496; and hearing was held and concluded on July 16, Application of FREDERICK KOEHLER, JR. 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 applicat.ion; and WHEREAS, the Board Members have personai~y viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant requests a Variance from Article XI, Section.lO0-119.2 of. the Zoning Code for permission to construct a 38' by 16' beach cabana with attached decks as more particularly shown on site plans dated Mgy 27~ 1987, prepared by Samuels-Steelman, Architects. 2. The premises in question is a described parcel contain- ing an area of 2.8+ acres, with a frontage (lot width) along Old Harbor Road of 329.42 feet, and average depth of 660-+ feet. · - 3. The site plan prepared May 27, 1987 by Samuels-Steelman, ..Architects, depicts the following imprOgements: (a) l~-story, single-family dwelling set back 165-+ feet from the 30'high the existing bulkhead below the CHAIRMAN, SOUTHOLD TOWN ZONING BOARD' OF APPEALS ..-_ ~.-'~ contour and 218± feet from (CONTINUED ON PAGE TWO) ~TED:~uly 27, 1987. Fgrm ZB4"(rev. 12/81) 2 - Appeal No. 3496 tter of FREDERICK KOEHLER ,cision Rendered July 27, 1987 ~0 ft. high contour; (b) three-car garage in the frontyard area; (c) existing wooden bulkhead with top elevation at 9 feet. 4. The structures applied and depicted on the May 27, 1987 Site Plan include the following: (a) 37'6" wide by 26'8" founda- tion and first-floor (only) cabana structure; (b) open [unen- closed] deck areas (el. 14.01 ft.) extending a maximum length of 153± feet and average depth of 29± feet; (c) 3'8" by 18' storage shed (el. 14.01 ft.) within deck area at northeasterly section. 5. The structures are proposed with a setback of zero from the existing bulkhead, 44± feet ~rom the highwater mark along the rear property l~ne, and setback of zero from the beach areas directly below the existing bulkhead. Also proposed as shown on the Site Plan stamped by the Suffolk County Department of Health Services last dated April 2, 1987, are a forced main sanitary connection line to the dwelling's existing sanitary system (to the north), and new domestic water-line connection to the existing dwelling's water system. 6. The elevation contour lines are at variations at the existing bulkhead from nine feet, 10 feet, 15 feet, 20 feet, and rising to 30 feet and more. No grade alterations are shown in the application, except minimally for the placement of pilings depicted on Drawing 3 of May 27, 1987. Seepage of water from the "pond" area is evident above and below the bulkhead where cabana is proposed (see June 26, 1987 report from the Suffolk County Soil and Water Conser- vation District). 7. The height of the structure from ground level to roof ridge is shown not to exceed l0 feet f~om the 20 ft. elevation contour and not to exceed 17 feet from the top of existing bulkhead (Drawing l, 5/27/87).. 8. Outside entranceways are shown from the north side and the south sides of the structure. The structure is proposed for "cabana" uses, including porch areas, baths including vanities, toilets~ §howers, dressing rooms, without storage areas. 9. Article XI, Section 100-119.2 requires all build- ings and structures to be set back not less than seventy~five (75) feet from a tidal water body, tidal wetland edge, or freshwater wetland. _ 10. Article III, Section lO0-31 permits the establish- ment of an accessory use only as listed therein for storage purposes only and does not list cabana uses, cabins or small houses such as that proposed herein as a permitted use. This application requests relief from ,Article XI, Section 100-119.2 for a setback variance and does not request or address relief for such use. ll. The Courts have held that area setback variances must meet the "practical difficulties" standard, consider- ing at least the following: (a) that the relief requested is not substantial in relation to the requirement; (b) that the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property 3 - Appeal No. 3496 Matter of FREDERICK KOEHLER Decision Rendered July 27, 1987 are unique and are not personal in nature; (d) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town; (e) that the variance requested is the minimal necessary; (f) that there is no other method feasible for appellants to pursue other than a variance; (g) the effect, if the variance is allowed, of the increased population density t.hus produced on available governmental facilities; (h) whether in view of the manner in which the difficulty arose and in consideration of the above factors, the interests of justice will be served by allowing the variance. 12. It is the position of the Board as follows: (a) that the relief requested is substantial in rela- tion to the requirements, being a variance of 31± feet, or 42% of the requirements; (b) that~ the project as proposed is not within the character of the neighborhood or within the intent of zoning since the use of the proposed structure is not in conformance with those accessory uses permitting by Article III, Section lO0-31 of the Zoning Ordinance; (c) the circumstances of the property are not unique, particularly due to the available rear yard area between the dwelling and the existing bulkhead area of more than 210 feet; (d) the relief requested may be adverse to the safety, health, welfare, comfort, convenience or order of the town, particularly due to the closeness of the proposed structure over the e~isting bulkhead and to the beach areas; (e) there is another method feasible for appellant to pursue other than a variance; (f) the variance if allowed will not have an effect of increased population density thus produced on available govern-. mental facilities; (g) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will not be served by allowing the variance as applied herein. 13. It is further the determination of this Board that the appellant has not demonstrated that a strict application of Section 100-119.2B of the Zoning Code would result in practical difficulties and significant economic injury. Accordin§ly~ on motion by Mr. Gri§onis, seconded by Mr. Douglass, it was RESOLVED, to DENY the relief requested under Appeal No. 3496 in the Matter of the Application for FREDERICK KOEHLER, JR. for a cabana with reduced setback from bulkhead and highwater mark, AS APPLIED. Vote o'f the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. l k GERARD P. GOEHRINGER, ~W~AIRMAN ¢ ( Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. ACTION OF THE BOARD OF APPEALS JOSEPH H. SAWlCKI Upon Application of FREDERICK KOEHLER, JR. for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2B for permission to locate accessory structure along existing bulk- head at Cutchogue Harbor, premises known as 575 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-6. WHEREAS, a public hearing was held oh June 2, 1988, in the Matter of the Application of FREDERICK KOEHLER, JR. under Appeal No. 3717; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, 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. This is an Application for a Variance under Article XI, Section 100-119.2B, as amended May 17, 1988, for permission to locate an accessory storage building incidental to the existing residence of the premises and for inside storage of the owner's boating and yard equipment as more particularly shown on the architect's rendition dated May 27, 1987, prepared by Samuels-Steelman. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 3, Lot 6. 3. The premises in question is a described parcel containing an area of 2.8+- acres, with frontage (lot width) along Old Harbor Road of 329.42 feet, and average depth of 660+- feet. Page 2 - Appeal No~ 717 Matter of FREDERICK KOEHLER, JR. Decision Rendered July 14, 1988 4. Article XI, Section 100-119.2B of the Zoning Code (as amended) requires all buildings or structures proposed on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than Sounds shall be set back not less than seenty-five (75) feet from the bulkhead. 5. On-site inspections find as follows: (a) the immediate area of this neighborhood does consist of parcels improved with accessory buildings with minimal setbacks from the bulkhead and Bay; (b) the height of the neighboring accessory buildings near the bulkhead and Bay are one-story (or less) in height and are used solely for storage purposes incidental to the existing residence and not for sleeping or income ~urposes; (c) extensive regrading and construction of a timber retaining wall has taken place since this board's previous decision under Appeal No. 3496 which appear to have rectified the previously-existing eroded and unstable bluff toe; (d) the slope is vegetated with Rugosa rose and appears fairly stable; (e) there is a wooden-plank walkway in a continuous slope without steps and very steep. (f) the premises is also improved with a single-family dwelling and accessory garage presently located in the northerly yard area {see architect's rendition for particulars}. 6. It is the opinion of the Board that due to the erosion factors in this area, and the precedents established in the immediate area, an accessory building in the area noted below (as an alternative to the location requested) for the purposes of storage incidental to this parcel is not unreasonable. 7. It is the position of this Board that: (a) the relief as alternatively granted herein is within the character of the immediate general area; (b) the relief requested is substantial in relation to the requirements; (c) the relief is related to the uniqueness of the property; (d) the variance, as alternatively granted, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring Page 3 - Appeal No~'717 Matter of FREDERICK k~£HLER, JR. Decision Rendered July 14, 1988 (e) there is no other method feasible for appellant to pursue; (f) in considering the above factors, the interests of justice will be served by granting the following alternative relief. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance under Article XI, Section 100-119.2B (as amended) in the Matter of the Application for FREDERICK KOEHLER, JR. under Appl. No. 3717, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory storage building be located a minimum often (10) feet from the lower bulkhead'{exclusive of overhangs, deck walkway, or step areas}; 2. That the accessory storage building not be larger than the size 20 ft. x 12 ft. (exclusive of overhangs, steps, deck, walkway areas), and proposed four-ft, overhang can have posts within the above-mentioned 10-ft. setback; 3. That the accessory building be used for storage purposes incidental to the residence and not be used for sleeping or living quarters; 4. That the doors to showers must be on outside wall of the accessory building and not an interior doorway; 5. That plumbing facilities will be permitted for the shower(s) only; 6. That the height of this accessory building shall not exceed one-story (12 feet high); 7. Deck areas shall be permitted as proposed at ground level to the bulkhead, provided the height is not higher than two feet (2') elevation above the bulkhead; 8. Size of deck may be of a size as proposed on the May 27, 1987 rendition prepared by Samuels-Steelman, Architects. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER 6w" CHAIRMAN ~" ~ ~'~OPERTY ~ ,~:... //~,_~./ TOWN OF SOUT~IOLD RECORD CARD OWNER :STREET r7,~j LOT RES. 21~ LAND AGE NEW Farm Tillable 1 Tillable 2 Tillable 3 Wcodl~nd Swampland Brushland House Plot Total SEAS. IMP. NORMAL Acre VL. TOTAL FARM DATE BUILDING CONDITION BELOW Value Per Acre cOMM. lIND. DISTRICT SUB. ACREAGE TYPE OF BUILDING CB. J MISC. ABOVE Value M. Bldg. Extension Extens~ori'= E×tensiogZ~ Breezeway Garage Foundation Basement Bath Floors /! Ext. Walls '' / / /. Interior Finish Porch Rooms 1st Flor Patio Driveway Rooms 2nd Floor OWNER FORMER OWNER $OUTHOLD P~ROPERTY VILLAGE RECORD CARD DISTRICT SUB. ACREAGE ~2.. TYPE OF BUILDING LOT "ES.2/~ S~S.VL. FARM COMM. ,ND. CB.. I M'SC. I LAN D IMP. TOTALDATE AGE Farm Tillal~le 1 Ti llab!e 2 Tillable 3 Woodland Swampland Brushland House Plot Total NORMAL Ac re BUILDING CONDITION BELOW Value Per Acre ABOVE Value ~.~ ' Basement ~ , ! t Floors Extension ~L'Y ? ~)~ '- , ~ ' ~tension ~ ~ I~ I ,~ ~t. Walls ~ Z 5;'~ Interior Finish Extension I<) ~'~ ~ ( ~ ~ Fire Place / He~ Porch Attic Porch Rooms 1st Flor B.ee~ay Patio ~C~C / ~ ~ ~ 3~ ~s ~na F~oo~ OWNER TOWN OF SOUTHOLD I~opERTY RECORD CARD FORMER OWNER VILLAGE IDISTRICT SUB. E ACREAGE LOT , RES' ~D LAND  ', ,AGE NtW Farffi Tillable 1 j Tillable 2 Tillable 3 SEAS. IMP. NORMAL Acre VL TOTAL FARM DATE BUILDING CONDITION COMM. JlND. ICB. J MISC. REMARKS ~ /'~ ,Y ///4, JEst. Mkt. Value BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD /¥, ~ m:~ / Woodland Swampland Brushland -- House PIo'im' ' Total M. Bldg. I //'V,'~ / ' Z'~ /~ i ' I ' , Foundation Both ! 3 ' Extension ~v ~C : 7~' '~ /~' ~,~ ~ ~/~1/ .~aSement - · Floors ~;~.,~1/~ ~ ~ ..... . ,, t ...... :,,~.~.~ j- -.. ~.. Extension ~"v ''? - O- / ~ I ~t. W~lls ~'~7~ "' : '-" / fl .~] _~_~ '.'"~?~ 2 .... ,; Interior Finish ~ ~ / F re Piece Heet Breezewoy I, ~ Petio R~ms 2nd Flor . : .~ ... · _ / ~ Drivewey Dormer TOWN OF SOUTHOLD PROPERTY RECORD CARD · VILLAGE DIST.SUB. FOYER OWNER E ACRy~ t ' - S W ~ ~PE OF BUILDIN~ R~. ' ' S S VE. FA~ CO~. CB. Ml~-n~ ~ND IMP. TOTAL DATE R~RKSz~'/~'/~/~e,/~. ~/~ ~, AGE BUILDING CONDITI~ N~ NOeL BELOW ABOVE FA~ Acre Value Per Vol~e Acre Tillable FRONTAGE ON WATER · W~lond FROnTAl[ O~ ROAD Meadow~ DEPTH H~ PI~ T~al Extension Bosement ~ ~.? Floors Porch Roof Type Breezeway ~ Po~o R~ms 2nd ~, //y ~ 5 ~ ~ ~ ~ ~ i~ ~ Driveway Dormer o.b. j~ 3~. OWNER __ ST~R EE~ ~.~_~_ VILLAGE ..... DiST~ .... '-~UB. LOT ACR. REMARKS. TYPE OF BLD. ~- ~6~ 'G ' PROP. CLASS LAND IMP. TOTAL DATE FRONTAGE ON WATER TILLABLE ........... FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL JUDITH T. TERRY, TOWN CLERK RECEIPT Town o! Southold RECEIVED OF: .t~"~"7~-'/~rJ~- ~ ~¢-~' ~ECK~ Z~q~7 ' - BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of : -, :: to the Board of Appeals of the Town of Sou(hold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: - 1. That it is the intention of the unde~igned to petition the Board of Appeals of the To'*"n of Southold to request~ {Special ExcePtion) {Special Permit) (Otb. e:) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: /~)OO ~ //7 -- 3 - ~", c.~ That the property which is the subje~ct of such Petition is located in the following zoning district: 4 That h~ such Petition, the undersigned will request thc following relief: _~,C~,~_.. 5. That the provisions of the Sou~hold Town ZoningCode applicable to the relief sought by the under- si~ned arc ~cle · /~ ~ ~' ~ [ ] Section 280-A, Ne~ York Town Law for approval of access over r~ght(s)-of-way~ 6. That within five da~s 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, 5outhold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relie~ sought may be granted, a public hearing must be held on the matter by the B6ard of Appeal's; that a notice of such hearing must be published at least five days prior to the date of suc. h 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; thai you or your representative have the right to appear and be heard at such hearing. Datedi' Petitioner Owners' Names: Post Office AdcJ;ress Tel. No. (~/&) ~7~-~/~ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF Of MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 358 215 266 Receipt for Certified Mail No insurance Coverage Provided (See Reverse) P 35~ 215 265 Receipt for Certified Mail No Insurance Coverage Provided (See Reverse) STATE OF NEW YORK } COUNTY OF SUFFOLK) C~¢/-/o~,¢,'~ / ~ ~ 1/~ ~ ~ , being duly sworn, deposes and says {ha~ on the ~3 ~day of ~/'~ ~ ,19~ , deponen~ 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 se~ opposite their r~pective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on ~he current assessment roll of ~he Town of Sou~hold; :hat said Nodc~ were mailed at the United States Post Of- rice at ~ ~ ~~ ~..~ . //~ ~ ; ~ha~ said Notices were mailed to each of said persons by Sworn to beforegge this ~ //~y Pubhc MARy JANE WADD~ * ~// Nota~ PubliC,No 4o482L6state Of t-~ew-- York (This side does not have to be property owners.) completed on form transmitted to adjoining ROBINS ,/ R-400~ -1' · / ? 24'-¢" 2 / / Bc~hroom I 'l be removed ¢ O 0 ~room I D¢droom 2 Norf. h o ~¢m~in 22'-0" + Lr NO'TDS Door ~. LehnCrt IN~. ricm nn enovot on Ne~ ~ork ~le, As ~ho~n Title: Job No. D~¢ ~ 6'-I I/~" Hf~ H~ t~ L~hn~rt, IN~, Tif, l¢: I..Iolo No. II \ / Nor~ ~. AL~ ~,~, $U,~,~OF~T& 'fO ;*~ ~? ON OONG. _~. i~I~n~ef, INC. N.Y. ll550 516-"~4~,_-./q'5.-/ Jolo No.