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HomeMy WebLinkAbout4087 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 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 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appeal No. 4087: Application for BART AND CHRISTINE RUROEDE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 for approval of an open deck addition with an insufficient rear yard setback. Location of Property: 450 Maple Lane, Greenport, Lot No. 81, Map of Cleaves Point, Section 3, Town of Southold; County Tax Map Parcel No. 1000-35-5-6. This parcel is substandard in size and is located in an R-40 Zone District. WHEREAS, a public hearing was held on April 2, 1992 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an appeal of the February 13, 1992 Notice of Disapproval from the Building Inspector concerning a 14-1/2 ft. by 20.4 ft. raised open deck addition at the rear of the existing dwelling. 2. The depth of the deck is shown on the sketch submitted to be 14-1/2 feet and the owner had indicated a setback at between 14 and 17 feet from the rear property line at its closest point. (The construction requested is the "as is" deck presently existing at the rear of the house.) 3. The premises in question is known and referred to as Lot No. 81 on the Cleaves Point subdivision Map, Section Three filed in the Suffolk County Clerk's Office on June 14, 1966 as Map No. 4650. onconformities in the following areas: (a) lot width of 45.0 feet along Champlin Place, (b) total lot area of 3201 sq. ft., (c) lot depth at 70.87 feet, (d) lot coverage at 27.5 percent, front, side, and rear yard setbacks, Page 2 - Appl. No. 4087 Matter of BART AND CHRISTINE RUROEDE Decision Rendered April 2, 1992 all as shown on the February 3, 1992 survey submitted as part of this application. 4. This parcel is nonconforming as to total lot area (12,981+- sq. ft.) and is located in the R-40 Zone District. 5. The existing dwelling is shown to be situated 36 feet from the front property line, 39 feet from the southerly (side) yard line, 23 feet from the northerly side yard line, and 27 feet from the rear property line, at its closest points. (See survey prepared by Roderick VanTuyl, P.C. dated January 19, 1978. Town records show that the dwelling was constructed by the current owners under Building Permit No. 9372Z dated July 22, 1977. 6. In considering this application, the Board also finds that: (a) the relief requested will not be adverse to the essential character of the neighborhood and is the minimum necessary to afford relief; (b) although the relief requested is substantial in relation to the requirements, there are other similarly existing in the area; (c) this variance will not increase dwelling density or cause a substantial effect on available governmental facilities; (d) the relief requested cannot be obviated by another method feasible to appellant to pursue, other than a variance; (e) the relief requested is uniquely related to the land as well as the immediate area in this preexisting neighborhood - many other nearby parcels have similar difficulties, particularly with reference to small parcel size, reduced setback, and excessive lot coverage. (f) in considering all of the above factors, the interests of justice will be served by granting the variance, conditionally noted below. as Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to GRANT the variance, as requested, in the Matter of the Application for BART AND CHRISTINE RUROEDE as Page 3 - Appl. No. 4087 Matter of BART AND CHRISTINE RUROEDE Decision Rendered April 2, 1992 applied under Application No. 4087, with the provision that the deck remain open and unroofed (as exists). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. lk AND FILED BY C~,~ SOU21iOLD TOYfN .... '~ Town Clerk, Town lk NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, New York 11971, on THURSDAY, APRIL 2, times specified below: 53095 Main Road, Southold, 1992 commencing at the 1. 7:32 p.m. Appl. No. 4088 - MARGARET F. WEIDMANN. Special Exception under the Zoning Ordinance, Article IIIA, Section 100-30A.2(B)(1) and Article III, Section 100-30B(14) for permission to establish an "Accessory Apartment Use." Location of Property: 3245 (easterly side) Wells Road, Peconic, Town of Southold, NY; County Tax Map Parcel No. 1000-86-2-7. e to the Zoning Ordinance, Article IIIA, Section 100-30A.4 (100-33) for permission to locate a new accessory garage building in the front yard area. Location of Property: 450 (Westerly side) Deep Hole Drive, Mattituck, Town of Southold, 7:35 p.m. Appl. No. 4089 - EVELYN P. TURCHIANO. Variance Page 2 - Legal Not~ Hearings for April 2, 1992 Southold Town Board of Appeals NY; County Tax Map Parcel No. 1000-115-12-5. This parcel is substandard in size and is located in an R-40 Zone District. 3. 7:40 p.m. Appl. No. 4087 - BART AND CHRISTINE RUROEDE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, for approval of an open deck addition with an insufficient rear yard setback. Location of Property: 450 Maple Lane, Lot No. 81, Map of Cleaves Point, Section 3, Greenport, Town of Southold; County Tax Map Parcel No. 1000-35-5-6. This parcel is substandard in size and is located in an R-40 Zone District. 4. 7:45 p.m. Appl. No. 4085 - ANDREW AND ANN MONACO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to locate a new dwelling with a setback at less than the required 100 feet from the top of the L.I. Sound bluff. Location of Property: Corner of the northerly side Aquaview Avenue and easterly Side of Rocky Point Road, East Marion, Town of Southold; County Tax Map Parcel No. 1000-21-2-1. This parcel is substandard in size and is located in an ~-40 Zone District. 5. 7:50 p.m. Appl. No. 4096 - PAT AND ROSEANNE IAVARONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to locate a deck addition with a setback at less than 75 feet from the:bulkhead~. along Baldwin's (Mud) Creek. Location of Property: 950 Strohson Road, Page 3 - Legal NotJ~ Hearings for April 2, 1992 Southold Town Board of Appeals Cutchogue, Town of Southold; 1000-103-10-24. This parcel the R-40 Zone District. County Tax Map Parcel No. is substandard and is located in 6. 7:55 p.m. Appl. No. 4095 - DENNIS DAVIS. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to located a detached, accessory building in the front yard area. Location of Property: 6010 Soundview Avenue, Hamlet and Town of Southold, NY; County Tax Map Parcel No. 1000-59-8-5.11. 7. 8:00 p.m. Appl. No. 4094 - ANITA MACRAE FEAGLES. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to construct detached, accessory garage building in the side yard area. Location of Property: South Side of Oceanview Avenue and North Side of Beach Avenue, Fishers Island, Town of Southold; County Tax Map Parcel No. 1000-9-11-2.1. 8. 8:03 p.m. Appl. No. 4097 JOHN G. AND MARIE ELE~A BRIM. Variances to the Zoning Ordinance, Article III, Section 100-33 for permission to locate tennis court with steps and retaining wall in the side yard and partly in the front yard, and having an insufficient setback from the front property line and from the freshwater wetlands, (which will include the removal of an existing garage presently in the side yard). Location of Property: Northerly side of Private Road off East End Avenue, Fishers island, Town of Southold; County Tax Map Parcel No. Page 4 - Legal Not! Hearings for April 2, 1992 Southold Town Board of Appeals 1000.q4-3-3; also referred to as FIDCO Block 18, Lots IA and lB as combined, having a total land area of 3.56+- acres in this R-120 Zone District. 9. 8:10 p.m. Appl. No. 4037 - METRO/808 REALTY CORP. Variance to the Zoning Ordinance, Article IX, Section 100-92 and Article XXIV, Section 100-241A, as disapproved by the Building Inspector, for approval of a permanent rooflike structure (canopy) over gasoline pump island. The principal use, gasoline sales with accessory office and necessary inside storage incidental thereto, is nonconforming in this Hamlet Business (HB) Zone District. Location of Property: Corner of the Northerly Side of Main Road (Route 25) and the Westerly Side or.Depot Lane, Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-102-5-26. 10. 9:00 p.m. Appl. No. 4091 EUGENE M. LACOLLA. Variance to the Zoning Ordinance, Article III, Section 100-31 A & B, requesting permission to change use of a portion of.~the subject premises, from residential to non-residential. Location of Property: North Side of Main Road (State Route 25), Greenport, Town of Southold; County Tax Map Parcet Nos. 1000-56-4-24 & 19. ~ ~The. Board or. 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 Page 5 - Legal NotJ~ Hearings for April 2, 1992 Southold Town Board of Appeals the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: March 17, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies have been forwarded to the following on or about 3/17/92: L.I. Traveler-Watchman, Inc. (fax transmission) Times-Review (fax transmission) Individual Files and Board Members Town Clerk Bulletin Board FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · hate ..'~' <.'Z ............... i., 19 . . .. ~o ~.~..,e.~..~/.., .... PLEASE TAKE NOTICE that your application dated ... ~.../_.. ~. " · .............. ,19~ Location of Property ~ ~~ LOunty Tax Map No. I000 Section ....................... LOt .... ~ ...... Subdivisio ~ ~ . Filed Map No. ~~. · . ............. ~o~o .... .a~. ...... ~~'.. ~ee.~ e ~d a. .... ~.~~..~ ........ ........ ~?-~.. · '; 7 .......................................... - ~u~' ' ........ pector TOW, OF SOUT OI APPEl, ROM DEOS ON OF BUiLDiNG NSP Jtid)4 lggZ APPEA' NO. Sou*hold Town Cle~ D^'~ ............................. TO THE ZONING BOARD OF APPEALS, TOWN. OF SOUTHOLD,. N,...Y.._ I, ~we) ..................................... ; ................................................ -_.-.*..,~:.-*--..;.:.-/.....;. ............................. Name of Appe or~t Street aha ~4uml)er ~--/~b-~°r~O.O~~j~ .............. ~.:...~.. .......... 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 ......................... ~. ....................................... ~-: .................................. ~ ........................ Street and Number Mun~c~pal~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) I. LOCATION OF THE PROPERTY .?j..~....O. ...... .J~.~.~.~....~..Y).:.% ........ ~.~D.,~/Lt':'...~. ........... .~..:..~..: ..... Street /Hamlet / Use District on Zoning Map District 1000 Section_~Block~ Lot~ ~, ~.~ Owner l~q~t- MapNo. Z/('~) 'LotNo. ~'/ Prior Owner... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Da not quote the Ordinance.) Article ~Xk~ Section j 0 0 ~' ). url4~- 3. ~YPE OF APPEAL Appeal is made herewith for (please check appropriate box) (v) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has)(_has n~.o~) been made with respect to this decision of the Building Inspector or with respect to this property. 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 ~,_~ 'J~ __ _~v~cI Form. ZB1 (Continue on other side) REASON FOR APPEAL 1. STRICT APPLICATION OF THE OR woulo produce procticol difficulties or unne~o vicinity of this property and in this use district because The hardship created is UNIQUE and is not shared by all properties alike in the immediate 1.*'- 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIM KICT because ]If dOe~ n o ~'" C~/~..~ ~ fl ~_ STATE OF NEW YORK COUNTY OF bO~'o/k SS Sworn to this .......... ;'~'"'&"~' .................. day .... /t Notary Pubhc ~,~ ELIZ~L~ETH BUSSO I~K)TARY PUBLIC, State of N~W York TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET /../50 VILLAGE DIST. SUB. LOT (~/ :'" S W ~PE OF BUILDING ~ND IMP. TOTAL DATE RE~RKS//~V~Od~.r, m,,/2d,~, Ca~b, AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FA~ Acre Value Per V~lue Acre Tillable FRONTAGE ON WATER FRONTAGE ON ROAD Meadowland I DEPTH Hou~ Plot BULKH~D Total D~K ~ ~OLOR TRIM Extension Extension Extension Porch Porch Garage Patio Ol B. Total Foundation Basement Ext. Walls :Fire Place Type Roof Recreation Room Dormer Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway ~/~,~::-r' .omnmcx YAJ,, 'nm.. p. c. ~ L~C, IA, NO lU~ ~'r, N. v. ~ ..... ~ ~ n~ ~ ~ ~1 ' ' 1*' / / ~'"~'~ ~*"-'. ~ ~ A~I~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H, KUNZ DIRECTOR OF PLANNING May 5, 1992 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Ruroede, Bart & Christine 4087 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMOR)AL HIGHWAY HAUPPAUGE, LI.. NEW YORK 11788 (516) 853-5192 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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 Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cum~lssion: w× Variance from the Zoning Code, Article XXlV , Section 100-244C __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4087 Location of Affected Land: 450 Maple Lane, County Tax Map Item No.: lO00- 35-5-6 Within 500 feet of: __' Town or Village Boundary Line "-'~'/ Body of Water (Bay, Sound or Estuary) Applicant: Bart & Christine Ruroede Greenport, NY State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Bound'ary 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 open deck w_ith insufficient ~,a~ yard setback Copies of Town file and related documents enclosed for your review. Dated: ~.~/~ '7~//~4_.> APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 5, S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4087 Project/Applicants: County Tax Map No. Location of Project: Bart & Christine Ruroede 1000-35-5-6 450 Maple Lane, Greenport, NY SCOTFL. HARR1S Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1992 Relief Requested/Jurisdiction Before This Board in this Project: Deck addition has insufficient rear yard setback 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 28, 1992 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. Bart Ruroede 450 Maple Lane P.O . Box 433 Greenport, NY 11944 Re: Appl. No. 4096 (Variance for Deck) Dear Mr. and Mrs. Ruroede: Please find attached a copy of the Findings and Determination rendered by the Board Members concerning the above application. Please be sure to return to the Town Building Department for issuance of the building permit and other document(s) pending at this time. A copy of this determination has also been furnished this date to the Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning Page 26 Public Hearing Southold ZBA April 2, 1992 Appeal #4087 Applicant(s): Bart and Christine Ruroede Location of Property: 450 Maple Lane, Greenport, NY County Tax Map No.: 1000-35-5-6 The Chairman opened the hearing at 7:57 p.m. and read the Notice of Hearing and the application for the record CHAIRMAN GOEHRINGER: A copy of the survey dated January 19, 1978 from R. VanTuyl indicating the nature of the application is, appears to be an extenstion or a elongation of. We will just consider it a modification of a deck, approximately fourteen and one-half by twenty (14 1/2 by 20). Approximately eighteen (18) feet from the neighboring lot, which is Lot # 80 on the original subdivision map. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? How do you do sir. Could I ask you to use the mike? or at least come up this way? I believe we have all been to the site, we understand your situation and is there anything you would like to add to this particular record? MR. BART RUROEDE: If you would like to ask me questions, I would be happy to answer them. CHAIRMAN GOEHRINGER: The deck is to remain open and unroofed? MR. RUROEDE: yes. CHAIRMAN GOEHRINGER: And it is approximately fourteen and one-half by twenty (14 1/2 by 20)? MR. RUROEDE: Yes sir. CHAIRMAN GOEHRINGER: There is some sort of a deck there or something now, was ~here. I looked at it three (3) weeks ago, apologize. MR. RUROEDE: It hasn't changed, it is still there. CHAIRMAN GOEHRINGER: I don't have any particular questions. What is your time on this? Do you want to get going on it fairly quickly? MR. RUROEDE: Yes sir. Page 27 Public Hearing Southold ZBA April 2, 1992 CHAIRMAN GOEHRINGER: Alright, we will see if we can take care of it for you tonight, we will do the best we can for you. We thank you for coming to the hearing. MR. RUROEDE: Thank you very much. CHAIRMAN GOEHRINGER: Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board members? Bob? MEMBER VILLA: My question was basically I understood it, that the deck was built at the same time as the house was. Right? MR. RUROEDE: No sir. MEMBER VILLA: When was it added? MR. RUROEDE: About two (2) years after I built the house. MEMBER VILLA: Which was when? MR. RUROEDE: That would be fourteen (14) years ago. MEMBER VILLA: The house was built fourteen (14) years ago? And the deck was added two (2) years after, so it has been there for twelve (12) years? MR. RUROEDE: Yes, right. CHAIRMAN GOEHRINGER: I thought I was incorrect in this discussion, I thought that this was an elongation of an existing deck. The entire fourteen by twenty (14 x 20) foot deck is there now. MEMBER VILLA: The whole thing is there. CHAIRMAN GOEHRINGER: Okay, I had no idea. I thought it was only half of the deck and that is the reason why I was asking the question. MR. RUROEDE: No, there was never a deck there before. I put it on two (2) years after, after I moved in. CHAIRMAN GOEHRINGER: Is there anything you are doing with that deck, except legalizing it at this point? MR. RUROEDE: Legalizing it. Page 28 Public Hearing Southold ZBA April 2, 1992 CHAIRMAN GOEHRINGER: That is all you are doing, you are not resurfacing it, you are not changing it, you are not modifying it in an!~ay. I apologize and I thank you Bob for bringing that up. Because I thought that there was half of the deck was there now. Thank you again. Is there anybody else who would like to speak concerning this application? Seeing no hands I will make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS: Ail in favor - AYE. End of hearing. -Lorraine A. Miller (Transcribed by tapes recorded 4/2/92) NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 2, 1992 commencing at the times specified below:. 1.7:32 p.m. Appl. No. 4088-- MARGARET E WEIDMANN. Special exception under the Zoning Ordinance, Article IliA, Section 100-30A.2(B)(1) and Article Ill, Section 100-30B(14~ for permission to establish an "Accessory Apartmant Used' Location of Property: 3245 (easterly side) Wells Road, Peconic, Town of Sonthold, NY: County Tax Map Parcel No. 1000-86-2-7. 2. 7:35 p.m. Appl. No. 4089--- EVELYN P. TURCHIANO. Variance to the Zoning Ordi- nance, Article IliA, Section 100-30A.4 (100-33) for permis- sion to locate a new accessory garage building in the front yard ama. Location of Property: 450 (westerly side) Deep Hole Drive, Mattituck, Town of Southold, NY; County Tax Map Parcel No. 1000-115-12-5. This parcel is sub- standard in size and is locate~il.~ in an R-40 Zone District. ' 3. 7:40 p.m. AppL No. 4087 RUROEDE. Variance to tire Zoning Ordinance, Article XXlV, Section 100-244, for ap- proval of an open deck addition with an insufficient rear yard setback. Location of Properly: 450 Maple Lane. Lot No. gl, Map of Cleaves Point, Section 3, Oreenport, Town of Southold; County Tax Map Par- eel No. 1000-35-5-6. This parcel is substandard in size and is located in an R-40 Zone District. 4. 7:45 p.m. AppL No. 4085-- ANDREW AND ANN MONACO. Variance to the Zoning Ordinance, Article? XXIII, Section 100-239.4 for permission to locate a new dwelling with a setback at less than the required 100 feet from the top of the L.I. Sound bluff. Location of Property:Corner of the northerly, side Aquaview Avenue and easterly side of Rocky Point Road, East Marion, Town of Sonthold; County Tax Map Parcel No. 1000-21-2-1. This parcel is sub- stan&ard in size and is located in an R-40 Zcl~District. 5. 7:50 p.m. Appl. No. PAT AND ROSEANNE IAVA- RONE. Variance to the Zoning Ordinance, Article XXIII, Sec- tion 100-239.4B for permission to locate a deck addition with setback at less than 75 feet from the bulkhead along Baldwin's (Mud) Creek. Location of Pro- perty: 950 Strohson Road, Cut- chogue, Town of Southold; County Tax Map Pardi No. 1000- 03-10-24. This parcel is substandard and is located in the R-,10 Zone District. 6. 7:55 p.m. Appl. No. 4095-- DENNIS DAVIS. Variance to the Zoning Ordinance, Article ii1, Section 100-33 for permis- sion to locate a detached, acces- sory building in the front yard ~ Location of Property:. 6010 Soundview Avenue. Hamlet and Town of Southold, NY; County 8.5.11.Tax Map Parcel No. 10(X)-5% 7. 8:00 p.m. AppL No. 4094-.- ANITA MACRAE FEAGLES. Variance to the Zoning Ordi- nance, Article III, Section 100-33 for permission to con- struct detached, accessory garage building in the side area. Location of Property: South side of Oeeanview Avenue and North Side of Beach Ave- nut, Fishers Island, Town of Southold; County ~ Map Par- cel No. 1000-9-11-2.1. 8. 8.03 p.m. Appl. No. 4097-- JOHN G. AND MARIE ELENA BRIM. Variances to the Zoning Ordinance. Article III, Section 100-33 for permission to locate tennis court with steps and retaining wall in the side, yard and partly in the front yard, and having an insuffide~t · ~thack from the front proper- ty line and from the freshwater vmtdands, (which will include the removal of an existing garage presently in the side yard). Loca- tion of Property: Northerly side of Private Road off East End Avenue, Fishers Island, Town of Southold; County 'Pax Map Par- eel No. 1000-4-3-3; also referred to as FIDCO Block 18, Lots lA and lB as combined, having a total land area of 3.56+ acres in this R-120 Zone District. COUNTYOF SUFFOLK STATF. OF NEW YORK ss: Patricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLANO TRAVELER.WATCHMAN, a public newspaper printed at S.outhold, in Suffolk County; and Ihat the notice of which the annexed is a printed copy, has hccn .published in said Long Island Traveler. W;~tchman once each week for. ...................... ~... weeks ~uccessively. commencing on the ........... ff~ ~ ...... herm'e me Ihis . / ........... clay of March ........................ · 1992 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St.':te of New York N0. 480(;846 9ualiliod in Suffolk CotJnty/ Commission Expires nonconforming in this Hamlet Business (HB) Zone District. Location of Property: Comer of the northerly side of Main Road (Route 25) and the westerly side. of Depot Lane. Cutchogue, Town of Southold; County Tax Map Parcel No. 1000-102-5-26. 10. 9:00 p.m. AppL No. 4091 The Board of Appeais will at said time and place hear any and all persons or representatives de- siring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hear- 9. 8:10 p.m. Appl. No. 4037-- --EUGENE M. LACOLLA. ~ ~,0 ins. Each heating will not start METRO/808 REALTY CORP. Variance to the Zoning Ordi,/ before the times designated Variance to the Zoning Ordi- ~ nance, Article III Section above. For more information¥' nance. Article IX, Sectiol~ ~ 100-31 A & B, gquesting per- please call 765-1809. . --; 100-92 and Article XXIV, Sec- mission to change use of a per- Dated: March 17, 1992. lion 100-241A, as disapproved lion of the subject premises, BY ORDER OF by the Building Inspector, for from residential to non-residen- THE SOUTHOLD TOWN approval of a permanent tlal. Location of Property: north BOARD OF APPEALS rooflike structure (canopy) over ! side of Main Road (State Route GERARD P. GOEHRINGER gasoline pump island. Theprin- 25), Greenport, Town of cipal use, gasoline sales with ac- Southold; County Tax Map Par- ' cessoryoffieeand neeessaryin- cel Nos. 1000-56.4-24 & 19. side storage incidental thereto, is , CHAIRMAN By Linda Kowalski IX, 3/19/92 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, -urn:ant to Section 257 of the Town ~aw and the Code of the Town of 30A.2(B)(I) and Article III, Seclion 100-30B(14) for permission to estab- Loc~fion of Property: 3245 (e~starly~ B~idwin's (Mud) Creek. Loc~lion of and is located in the R-40 Zone Dis- Zoning Ordinanc~_Arricle I~, Sec- lion 100-33 for ~sion to locate a detached, acces~building in the front yard ateac Location of Prcl~rty: 6010 Sonndview Avenue, H~nlet and Town of Southold, NY; County Tax Map Parcel No. 1000-59-8-5.11. 7. 8:00 p.m. Appl. No. 4094 -- ANITA MACRAE FEAGLES. Vari- Hmnlet Business (liB) Zone Dis~c~ Nonhedy Side of M~fin Road (Routa STATE OF NEW Y~) SS: COUNTY OF SUFFOLK) said County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, publIshed at Mattltuck, In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copy, has been regularly published in said Newspaper once each week for ] weeks sqc~c.essively, commencing on the Ic'~ day of Principal Clerk Sworn to before me thIs EUG~ M. ~CO~ Va~c~ Secfi~ 100-31 A & B, ~ues~g ~ssi~ to C~ge use of a of~e subject ~s~, f~ ~. Pm~y: No~ Side of M~ R~d (Sm~ Rotae ~), Gmat, To~ of Nos. 1~-5~24 & 19. ~e B~ of A~s ~ at sfid ~ons ?~ ~senm~ves ~eS~g to prior ~ ~e ~nclusion of ~e subj~t D~t~: Ma~h 17, 199Z By O~ OF ~E SO--OLD ~ BO~ OF APPEA~ G~ p. GOE~G~ 7333-1~? BY ~nda Kow~s~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, .Ir. James Dinizio, Jr. Robert A. Villa 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski Copies of Legal Notice mailed on 3/18/92 to the following: Mrs. Margaret F. Weidmann 3245 Wells Road P.O. Box 221 Peconic, NY 11958 Mrs. Evelyn P. Turchiano 450 Deep Hole Drive Mattituck, NY 11952 Mr. and Mrs. Bart Ruroede P.O. Box 433 Greenport, NY 11944 Mr. and Mrs. Andrew Monaco 9 Cliff Drive Kings Park, NY 11754 Mr. Peter Podlas, R.A. P.O. Box 285 Remsenburg, NY 11960 (Ref. Ivarrone) Mr. and Mrs. P.O. Box 226 Peconic, NY Dennis Davis 11958 Mr. Cuyler M. Feagles 79 Creetey Road Melmont, MA 02178 Stephen L. Ham III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 (Ref. Brim) Mr. Frank Nealon (Ref. Metro/808 Realty) Permit Research& Acquisition Co., Inc. 1108 Route 110 Farmingdale, NY 11735 Allen M. Smith, Esq. P.O. Box 1240 737 Roanoke Avenue Riverhead, NY 11901 IRef. Metro/808 Realty) Charles R. Cuddy, Esq. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901 (Ref. LaColla) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER 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: DATE: RE': Zoning Board of Appeals Office of the Town Clerk March 4, 1992 ZONING APPEAL NO. 4087 - BART & CHRISTINE RUROEDE Transmitted herewith is Zoning Appeal Application No. 4087 - BART & CHRISTINE RUROEDE together with the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, the Notice of Disapproval from the Building Department, the Notice to Adjacent Property Owners, a copy of the deed, a copy of the Survey Map, and a copy of the Site Plan. Judith T. Terry Town Clerk 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 sponsor) SEQR [] Yes ~o If No. describe briefly WILL PROPOSE CT[ON COMPLY WITH EXrSTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? I CERTIFY THAT THE INFOBMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete tile Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this moard · before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~-! I~NSTRUCTIONS: (a) in order ~o answer the questions in this short F2%F it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or Other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or un~ual land form on the site? Yes ~NO 3. Will project alter Or have a large effect on a~ ex~sting body Of water? ___Yes ~ No 4. Will project have a potentially large impact on groundwater quality? ~Yes ~___No 5. Will project significantly effect drainage flow on adjacent sites? 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 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=al importance or any site designated as a critical environmental area by a local agency? Yes ~No 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? 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 safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5' percent OVer a one-year Yes ~ No period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy concerning the project? ~reparer,s Signature: RePreSenting: ZBA g/g5 '- Date: QUESTIONNAIRE FOR 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.) B. Is the subject premises listed on the real estate market for sale. or being shown to prospective buyers? { } Yes {~} No. (If Yes, p~a a~-h c~pF of "cond/~na,' of sale.) C. Are there a~rupo~al~ tu=hange~r al~er land conto~? { } Yes {~ No D. 1. Are there any areas which contain wetland grasses? ~0 2. Are the wetland areas shown on the map submitted with this application? ~O 3. Is the property bulkheaded b~een the wetlands area and the upland building area? . 4. If your property contains wetlands or pond areas, have you contacted the Office of the To~Zrustees 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? ~J~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which ew~t and are not ~hc~n on the survey map that you ~ra submitting? ~o~J~-- If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~O~- If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you ~ny co-owner also own other land close to this parcel? ~/~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~~ proposed use and Authorized Signature and Date 3/87, 10/901k § 9%13 WETLANDS § 97-13 TOWN ~ The Town of Sour, hold. TRUSTEES ~ The Board of Trustees of the Town of Sou~hold. [Added 6-5-84 By L.L. No. 6-1984] WETLMNDS [Amended 8-26-76 by L.L. No. 2-1976; 3-25- 85 by LT. N~- ~-1985]: ~'~' '.' "' · ",' A~.v DAL 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 iow tide are covered by tidal waters tea maximum depth of five (5) feet, including but not limited te banks. bogs. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, ground~eL mlLrshm~llow alld law "~,'r_h cordgrass; ~na/ur All land immediately ~djacent to 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. FRESHWATER %VETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z- :s. ss 5TATf OF I,{t'W YO~K, CCXJ~ O~ SI^'IE OF NL:W YOllK Gounly of Sullolk I, El)WARD P. llClMAINE'Cletk°llheC°tmlyofS[~ffofkandClerko[iheSttpremeCoudollheSlale of Now York in and for saki Counly (said Coud being a Coud of rlecordl DO FIEREB y CEll ! IFY Ihal I have compared 111o annexed copy (~! Deed Llber ~/,/// · nad Ilml il is a jusl and I~uo copy el such odginal of Ihe whole lhereof. IN TESTIMONY, WIIEREOF, ave hereunlo set my hand and allixed sealofsaid Courtly a,,. Co.,,,I.s /~/~ day o, ~ ~ ,~ ~ ~ Fo~m ~1o. 104 C elk COUNTY OF SUFFOLK I,.~. $OUTHOLD L ~ .... HD HD ~0 R--80 L.~NO \ \ \ Date Documents Accepted for Filing: Apl. Fee Required: $ Appl. No. ~ F7 /?3 Application Incomplete for the Following Reasons: Application Form Not Signed or Notarized Notice of Disapproval not attached or in error -- Notice to Adjacent Property Owners Form or Certified Mail Receipts not attached One original survey is necessary Extra copies of survey map necessary Copy of Deed of Current Owner Necessary Environmental Assessment Short Form Signed ZBA Questionnaire If Applicant is a corporation, need Disclosure Affidavit Date / / / / / / / / / / / / / / / / / / / / OK Other information is awaited: Site Plan Layout or other drawings Copy of Contract if Purchaser is applying Single & separate search Finalization of SEQRA by PB, TR, etc. Other Review by ZBA, i.e. I / / / / / / t / t t t / I / f / 1 / / , / / t / / / 1 / / / / ""'*" ' (~) COUNTY OF SUFFOLK °~ .... ~lReal Property Tax Service A ~ooo 035 ~ ....... : ~ ....... - ...... ,,...E%L. "'~ ~ ............................................ ~ .....................................~---~-;--~ ...... : ............... ............. 11939 ................................... ~:~;;.~.~ NY 119~ *_~_: ................................... ~_".. __ ~ _ . _***.;_~ ........ _ ....................................... :; ..... ..----.- ~ ................................. ........................ ~ ..........~---~-~;-: ~ '"''.,~ ....... ' ........ EAST ~:~ ................................................... lol ..~ ..................... .............. - .............. 80T ~[NDEA~EOE 9LVO ~ ~~=~..; ............ ~ ......... ~ ........... ~-r ..... : ....... = ........ ~")""~"~.___~ ..... _~. ..................... ~-~~ - -~;. -r.- ..... r~ -~ ".;~ ............... ............ BOARD OF APPEALS, TOWN OF %OtJTHOI.D In the Mattcr ot the Petition of NOTICE TO ADJACE:IT PROPERTY OF~N ER to the Board of Appeals nf the Tnwn nf C;outhnld : ~ YOU ARE HEREBY GIVEN NOTICE: [ lh~e in~ention of the undersigned ro petition the Board of Appeals of ~he town of Southold torcquc*t a~ (Special Exception) (Special Permit} (Other) [c~rcZe cho~ce) 2. That the property which is the subject of the P,etition is located adjacent to your property and is des- cribed as follows: ~0 i"PsCt {01 ~.-- I~' I' J,o'K 3>,That thegrop.¢j'ty which is the subject of such Petition is located in the following zoning district: ., bo holrl % od 4 That b~' such Petition. the undersigned will request the following relief: / 5. That the provisions of the Southol~d~ Town Zoning Code applicable to the relief sought by the under- signed are A.r 'cie le /~ X t V" Sec al. on /dD- t ] 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 Southoid lown Clerk's Office at Main Road, Southold. New York and ypu may 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-~dattituck 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. Petitioner Po~Office Address Tel. N0. (~G) H¢¢-ogI~ [Copy of sketch or plan ;howing proposal to be attached for convenience purposes.] ADDRESS STATE OF NEW YORK COUNTY OF SUFFOLK SS.: j,j¢(/j _~¢(/~' , being duly sworn, deposes and says that on the _7 ~ day of /~(¢',6 , 19 ~ , 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 r~pecti~e .. names; that ~he addresses se~ opposite the names of said persons are :he addresse~ of said persons as shown on ~he current assessment roll of the Town of Sou[hold; that said No,ices were mailed at the United S[a[~5 Post (certified) (r~) mail. Sworn to before me this ~ A~(- day of ,~,f,q ~.~/~ ,~ , 1~ ~"~- d r qot~r¥ Public ; that said Notices were mailed to e~ch of saki persons by -( (This side does not have to be completed on form transmitted to adjoining property owners.) :