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Home My WebLink About4126 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Do~en, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTFL. 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. 4126: DONALD AND JEANNE KURZ. Request for variance to the Zoning Ordinance, Article III, Section 100-33 to build new, enlarged garage as an accessory in the front yard area (replacing existing garage which was approved under ZBA Appl. No. 2332 on 8/29/77). Location of Property: 725 Terry Lane (just north of the Southold Park District), Southold, NY; also referred to as Lot #5 as approved by the Town of Southold; County Tax Map Parcel No. 1000-65-1-17. W~EREAS, after due notice, a public hearing was held on September 10, 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, 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 August 18, 1992 Notice of Disapproval by the Building Inspector for a variance to build a new detached garage in the front yard area of this 28,700+- sq. ft. nonconforming parcel. 2. The premises in question is located in the R-40 Low-Residential Zone District. The survey submitted with the application shows that the premises is improved by a one-story frame dwelling with attached garage, and the setback for this principal building is shown on this May 29, 1990 survey to be 122.3 feet from the front westerly property line (along Terry Lane). For the record, this parcel is shown as Lot ~5 on the Minor Subdivision Map of Ollie Overton approved by the Town of Southold on or about July 18, 1972, and is identified on the Suffolk County Tax Maps as Parcel #17 of District 1000, Section 65, Block 1. 3. The plan submitted for consideration shows the building to be of a maximum size of 24 ft. wide by 36 ft. deep. The Page 2 - September 10, 1992 Appl. No. 4126 - DONALD AND JEANNE KURZ Southold Town Board of Appeals building will be limited strictly for storage purposes accessory and incidental to the owner-applicant's residence. This building may not be used or operated as a principal use such as a business, residence or other type of habitable unit, or for similar gainful purposes (such as rental for non-owner storage, etc.). 4. The location of this accessory garage building is requested at 23+- feet from the northerly property line and 10 feet from the side property line which appears to be the same location of the existing 10 x 10 accessory shed. It is noted that the existing accessory shed was the subject of a prior conditional approval rendered by the Board of Appeals September 15, 1977. That variance required minimum setbacks from all property lines at not less than 15 feet. 5. The height of this building is proposed at between 20 and 21 ft. maximum from ground level to peak. This building will not be two-stories and is more particularly shown in detail on the construction diagram submitted with this application (prepared by Ron Morizzo Builder, Inc.). 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property; the rear yard area is technically that area between the dwelling and Southold Bay {Town Harbor~, which is low in elevation; (b) there is no method feasible for appellant to pursue other than a variance - particularly since the property is a nonconforming lot on Southold Bay and will require possible variances from the Town Trustees and N.Y.S. Department of Environmental Conservation under the wetland ordinances. (c) the relief is not substantial in relation to the requirements; (d) the variance requested does not involve any increase of dwelling unity density; (e) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for enclosed parking and storage of the owner's own lawn and other items; (f) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; Page 3 - September 10, 1992 Appl. No. 4126 - DONALD AND JEANNE KURZ Southold Town Board of Appeals (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the proposed building will be substantially setback from the front property line at 25 feet {or more}. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance to locate a 24 ft. wide by 36 ft. deep accessory garage/storage building in the front yard area as applied SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback from the side property line not be less than 15 feet as conditioned by the previous variance; 2. That the setback from the front property line not be less than 25 feet; 3. That the building be limited to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and not be operated for gainful purposes (not for rental storage or other separate business purposes), etc. 3. That the building height from ground to top (peak) not exceed 20 feet; 4. That there be no cooking facilities or utilities other than electric; 5. That there be no sleeping or living quarters, as restricted by the accessory provisions of the code in this R-40 Zone District. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. REC} iVED AND FILED THE SOUTHOLD TOWN CLL.~ Town C.l"r~, Tow~ of Sout~old GERARD P. GO~ ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTF 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. 4126: DONALD AND JEANNE KURZ. Request for variance to the Zoning Ordinance, Article III, Section 100-33 to build new, enlarged garage as an accessory in 'the front yard area (replacing existing garage which was approved under ZBA Appl. No. 2332 on 8/29/77). Location of Property: 725 Terry Lane (just north of the Southold Park District), Southold, NY; also referred to as Lot #5 as approved by the Town of Southold; County Tax Map Parcel No. 1000-65-1-17. WHEREAS, after due notice, a public hearing was held on September 10, 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, 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 August 18, 1992 Notice of Disapproval by the Building Inspector for a variance to build a new detached garage in the front yard area of this 28,700+- sq. ft. nonconforming parcel. 2. The premises in question is located in the R-40 Low-Residential Zone District. The survey submitted with the application shows that the premises is improved by a one-story frame dwelling with attached garage, and the setback for this principal building is shown on this May 29, 1990 survey to be 122.3 feet from the front westerly property line (along Terry Lane). For the record, this parcel is shown as Lot #5 on the Minor Subdivision Map of Ollie Overton approved by the Town of Southold on or about July 18, 1972, and is identified on the Suffolk County Tax Maps as Parcel #17 of District 1000, Section 65, Block 1. 3. The plan submitted for consideration shows the building to be of a maximum size of 24 ft. wide by 36 ft. deep. The Page 2 - September 1992 Appl. No. 4126 - DONALD AND JEANNE KURZ Southold Town Board of Appeals building will be limited strictly for storage purposes accessory and incidental to the owner-applicant's residence. This building may not be used or operated as a principal use such as a business, residence or other type of habitable unit, or for similar gainful purposes (such as rental for non-owner storage, etc.). 4. The location of this accessory garage building is requested at 23+- feet from the northerly property line and 10 feet from the side property line which appears to be the same location of the existing 10 x 10 accessory shed. It is noted that the existing accessory shed was the subject of a prior conditional approval rendered by the Board of Appeals September 15, 1977. That variance required minimum setbacks from all property lines at not less than 15 feet. 5. The height of this building is proposed at between 20 and 21 ft. maximum from ground level to peak. This building will not be two-stories and is more particularly shown in detail on the construction diagram submitted with this application (prepared by Ron Morizzo Builder, Inc.). 6. It is the position of the Board in considering this application that: (a) the circumstances are uniquely related to the property; the rear yard area is technically that area between the dwelling and Southold Bay {Town Harbor}, which is low in elevation; (b) there is no method feasible for appellant to pursue other than a variance - particularly since the property is a nonconforming lot on Southold Bay and will require possible variances from the Town Trustees and N.Y.S. Department of Environmental Conservation under the wetland ordinances. (c) requirements; the relief is not substantial in relation to the (d) the variance requested does not involve any increase of dwelling unity density; (e) the relief requested will not cause a substantial effect on available governmental facilities since the structure is for enclosed parking and.storage of the owner's own lawn and other items; (f) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; Page 3 - September 1992 Appl. No. 4126 - DONALD AND JEANNE KURZ Southold Town Board of Appeals (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the proposed building will be substantially setback from the front property line at 25 feet {or more}. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance to locate a 24 ft. wide by 36 ft. deep accessory garage/storage building in the front yard area as applied SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback from the side property line not be less than 15 feet as conditioned by the previous variance; 2. That the setback from the front property line not be less than 25 feet; 3. That the building be limited to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and not be operated for gainful purposes (not for rental storage or other separate business purposes), etc. 3. That the building height from ground to top (peak) not exceed 20 feet; 4. That there be no cooking facilities or utilities other than electric; 5. That there be no sleeping or living quarters, as restricted by the accessory provisions of the code in this R-40 Zone District. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. GOEHRINGER, C~RMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr 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 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, SEPTEMBER 10, 1992 commencing at the times specified below: (1) 7:35 p.m. Appl. No. 4122 - ROBERT H. AND KATHRYN B. DEXTER. Variance to the Zoning Ordinance, Article XXIX, Section 100-239.4B, for permission to construct deck addition within 75 feet of the bulkhead. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. Subject premises is substandard in size and is located in the R-40 Zone District. (2) 7:40 p.m. Appl. No. 4124 - DR. AND MRS. CARL A. SORANNO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for approval of deck addition within 100 feet of the top of the L.I. Sound bluff or bank, and Article III, Page 2 Legal Hearings for September 10, 1992 Southold Town Board of Appeals Section 100-33 for approval of accessory storage building located in the front yard area, 400+ feet from the front property line. Location of Property: 31059 County Road 48, Peconic, NY; County Tax Map Parcel No. 1000-73-4-3. (3) 7:45 p.m. Appl. No. 4125 - GREGORY POULOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to construct deck addition (to existing deck area), all of which is located within 100 feet of the Long Island Sound bluff or bank. This parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 135 Soundview Road, Orient, NY; also known as Lot #45 on the Map of "Orient by the Sea, Section Two"; County Tax Map Parcel No. 1000-15-3-3. (4) 7:50 p.m. Appl. No. 4126 - DONALD AND JEANNE KURZ. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to build new, enlarged garage as an accessory in the front yard area (replacing existing garage which was approved under ZBA Appl. No. 2332 on 8/29/77). Location of Property: 725 Terry Lane (just north of the Southold Park District), Southold, NY; also referred to as Lot #5 as approved by the Town of Southold; County Tax Map Parcel No. 1000-65-1-17. (5) 7:55 p.m. Appl. No. 4121 - FLOYD KING and ISLAND'S END GOLF CLUB. Variance to the Zoning Ordinance, Article III, Page 3 - Legal NoticJ Hearings for September 10, 1992 Southold Town Board of Appeals Section 100-33 for permission to locate accessory equipment-storage building in the front yard area. Location of Property: 3365 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-35-2-1. This property is zoned R-80 Residential. (6) 8:00 p.m. Appl. No. 4114 - GEORGE TSAVARIS. A Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck area as exists at the top of bluff stairway along the L.I. Sound. Location of Property: 2170 The Strand Lane, East Marion, NY; Pebble Beach Farms Filed Map No. 6266, Lot 111; Parcel ID No. 1000-30-2-53. (7) 8:05 p.m. Appl. No. 4119SE - RICHARD GOODALE AND MATTITUCK AUTO CENTER, INC. (Tenant). Special Exception to the Zoning Ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax Map Parcel No. 1000-122-06-30.1 (prev. 30). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the Page 4 - Legal Noti~ Hearings for September 10, 1992 Southold Town Board of Appeals 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. For more information, please call 765-1809 or visit our office. Dated: August 31, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: L.I. Traveler-Watchman, Inc. Times-Review, Inc. FORM NO. ~1 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date. August-18, 19 92 To . .R.O.~ .M.O.R.I.Z.Z.O..E.U.I.Lp. ER, INC. ale DONALD & J~ANI~ KuRZ P.O. BOX 789 SOIJ'TROLD, N.Y. 11971 PLEASE TAKE NOTICE that your application dated .. :..A.~.~.q$.T..1./., ............ , 19..9.2.. for permit to CONSTRUCT AN ACCESSORY GARAGE IN Tltl~ FRONT YARD Location of Property 725 TERRY LANE SoIYrHOLD, NEt4 YORK h3,5; ;qo ........................................................ s Street Hamlet County Tax M'ap No. 1000 Section .. 6.5 ' Block 01 Lot I? Subdivision ................. Filed Map No ................. Lot No ..... ' is returned herewith and disapproved on the following grounds ............................... A. CCESSORY BUILDINGS /LND STRUCTURES SHALL BE LOCATED IN ~ REQUIPd[D REAR YARD. ARTICLE III CItAPT. 100-33. ACTION REQUIRED BY ZONING BOARD OF APPEALS. RV 1/80 BLDG. DEPT. TOWN OF SOUTHOU) ) FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 1197'1 ~J~X. RD OF HEALTH ETS SURVEY ................... CI1ECK SEPTIC FORH NOTIFY; Ron Morizzo CALL .7~5r~77~ ........... MAIL TO: Date ~l. arqh 11, 19 9 INSTRUCTIONS a. Tkis application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with se~/s of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stree qr areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this app cation. c. The work covered by this application may not be commenced before issuance of Building Permit· d. Upon approval of this application, the Bu ding Inspector will ISsued a Building Permit to tile applicant. Such perm shall be kept on tile premises available for inspection throuv_hout the work. e. No building shall be occupied or used in whole or ~n part for aoy purpose whatever until a Certificate of Occupant shall have been granted by the Building Inspector· APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to th Building Zone Ordinance of the Town of Southold, Suffolk Coufity, New Yoi'k, and other applicable Laws, Ordinances o Regulations, for the construction of buildings, additions or alterations, or for ~:emoval or demolition, as herein described Tile applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and t~ admit authorized inspectors on premises and in building for necessary inspections. .... l~qq .F~qr.3. z. zo Bu i 1 d er, Inc. (Signature ot apt~l;ch~t~ ~: r~a'n~e', if'a'c'o~'l~o'r.~tl~n')' ' ' P.O. Box 789, Southold, NY 11971 (Mailing address of applicant) .......... State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ........... B~i.~0.e~ ............................................................................. Name of owner of premises ...Donald A. and Jeanne Kurz. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ............. ; ......... ........... (N d titi f ' am an e o c e officer) Builder's License No. 6772 HI Plumber's License No ......................... Electrician's License No ....................... Olher Trade's License No ............ 1. Location of land on which proposed work will be done; · . ...... Terry Lane Southold House Number ..... Street Hamlet ..... County Tax Map No. 1000 Section 065 . ................. · Block 01.00 O1'7.000 .................. Lot ..... z SUbdivision.. ' ............. ................................... Riled Map No. ; (Name) .............. Lot ....... · tate existing use ........ 2 S and occupancy of premises and intended use and Occupancy of proposed constrnction: a. E'xistinguseandoccupanc)~ s.ingle family dwelling single faml. ly dwelling w/al~'r~o'n''~'h:~'~,:~i ..... [[[[[[[ b. ~ntended use and occupancy .......................... · 3. Nature of work (check which applicable): New Building .......... Addition .......... ]~ i Alteration ' .X .... Repair .............. R moval .............. emo itio. .............. ! ..... Tennis Court ......... Accessory Building .......... Fence ...... IOther l./ork, D~_.{2k ' 4. Estimated Cost ...$.5.5. ,. 0..0.0...q0 ........................ Fee .... i x ................... . ( 0 be pa~d onfilmg th~s apphcat~on~ .... .5. If dwelling number of dwelling units Nnmber of dwelling units ' .......... ; .... on each floor ....... Ifgaraee number of cars ........ If business Commercial or mixed occupancy specify natnre and .............. , extent of each type of use 7 Dimensionsofexistingstructures if any: Front Rear .................... Hei,,ht ' ' ' ' ........................... Depth ............. Number of Stories · Dimensions of same structure with alterations or additions: Front ............................. Depth Height Number of Stories ................. Rear ................. Dimensions of entire new construction: Front Rear ........... Height Number of Stories .............................. Depth .......... 9. Sizeoflot: Front ...................... RTar' ...................... Depth ......... 10. Date of Purchase ...... .. Name of Former Owner ..... ' ........ i ' ' ' 11. Zone or use district in which premises are situated ................ ' ' ' 12. Does proposed Construction violate any zoning law, ordinance or regulation ............................. 13. Will lot be regraded ...................... ','/ill excess fill be removed from premises: Yes. 14. Name of Owner of premises Kurz ' Add . ·; No Nam fA hit .................... tess . Phone No. . e o rc eot ........... Add ............... .... · ........... ress ................... Phone No ................ Name of Contractor . ,R. qrt. ~l.o.r.i..z.zp ............ Address .... .Sg.u.k. ttQ~t 1t ...... Phone No... 7~5.-,5772~... 15.Is this property located within Ion feet of a tidal wetland? ~YES...'.NO .... ,, :elf yes, Southold Town Trustees Permit may be required· PLOT DIAG RAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dbnensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. STATE OF NEW YORK, · o ....... [~'~ '~' ' ' ' '{ ~ ....... ·. · · being duly sworn, deposes and says that he is the applicant above named(.Name of individual signing contract) I-~ is the (Contractor agent corporate officer ' ) ' , , etc. of said owner or owners. ~d is duly authorized to perform or have perfo~ed the said work and to m~ and file this application: that all statements contained in this application are true to the best of his knowledge and belief; and that the work w~l be perforated in the m~ner set forth in the application filed therewith. Sworn to before me this .................... day of ............ ,19.. ' - H~NE O. HORNE TOWN OF SOUTHOt. B,r~-erH¥c~.i~ APPEAL FROM DECISION OF BUILDING INSPECT(~iJG 2 5 1~ S~beid ~wn ~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y. DATE ..,~a~.',,J.s.t, · .2.4.~,.. J ~g92 1, (We) Dnnald..A_..and..Jeanne..Kur. z ................ of .Z25..];er.r,y..J,~j3~ ................................................ Nome of Appellant Street and Number Southold Municipality ....... · N..e..w....Y..°.~.k......HEREBY APPEAL TO State THE ZONING BOARD CF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDJNG INSPECTOR DENIED TO Name of Applicant for permit of 725...T~r.r.~z..Lan e.,..Snu.thnl d.,..New...Y~r.k ................................................................... Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 7.2.5..~[er.~.,y..L~.D.e.0..£.0JJ.th~].d .....................................................R-40 Street /Hamlet / Use District on Zoning Mop District 1000 Section 65 B10ckl. Lot 017.~ trent OwnerD°nald A. and Jeanne Kurz ................................... ~ ....................... Mop No. Lot No. Prior Owner Phillip Barth 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 III Section Chapter 100-33 3. TYPE OF APPEAL Appeal is made herewmth lot (please check appropriate box) (XX) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. ~6 Sec. 250A Subsection 3 () 4. PREVIOUS APPEAL A previous c~peal 0b)0~)~-~'~'~been mode 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 o vorlance and was mode in Appeal Na ................................. Dated ............................., ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsect,on 3 (XX) A Variance to the Zoning Ordinance ( ) is requested for the reason that the property is on Southold Bay so to place an accessory structure in the back yard would obstruct the waterview. (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF TI--I~J~I~IJA~ would produce practical difficulties or unneces-' sar HARDSHIP because the "front" ya~dfo~ctical purposes is treated ast~rd facing South01d Bay although the Zc~l~n~aelq~c~it as the back yard. The road is closer to where we intend to put the accessary garage and will eliminate the necessity of e~tending the driveway around the house to the "back" yard. From an environmental standpoint the structure is better located in the "front" yard further away from the Tidal Wetlands. 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this property and in this use district because the property is located on Southold Bay resulting in the situation described above whereby the back yard fronting the water i§ treated as the frontyard. 3. Thb Vcr,~nce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIS'FRIC~because many of those ~roperties on the water in the neighborhood , ha~e accessory structures in the "front" yard keeping the water Side yard clean of accessory structures. STATE OF NEW YORK ) ss ) Signature S his ........................... 24~ ........... day o~...Augus~ ........................................ 19 92 /~oo- ~'-I-L? WN OF SOUTHOLD PROPERTY RECORD CARD OWNER ~ STREET ' ' VILLAGE SUB.' R~S.21~ S~AS. . VL. W FARM CO 'M~. CB. MICS. LAND IMP. TOTAL DATE ~oo ,; T~PE OF BUILDING Mkt. Value REMARKS Tillable Woodland Meadowla~d use Plot FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH · BULKHEAD COLOR ~/~ TRIM Extension Extension Pu~rr.J~ Breezeway Garage Patio Walls Fire Place Type Roof Recreation Room Total Both :loors Interior Finish Heat ' Rooms 1st Floor inette DP,. BR. Dormer Rooms 2n~d Floor Driveway , FIN. Present PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD September 10, 1992 : HON. GERARD P. GOEHRINGER, SERGE DOYEN, Jr. JAMES DINIZIO, Jr. ROBERT A. VILLA (7:30 p.m. Chairman Hearing) LINDA KOWALSKI, Secretary-Clerk to Board 9~10/92 14 THE CHAIRMAN: It is just going to have a normal railing which is required on a portion? MR. DIBBLE: Yes. THE CHAIRMAN: While you are up here, Mr. Dibble, does anyone have any questions on this? Bob? I guess not. Thank you. We can keep these pictures? MR. DIBBLE: Yes. THE CHAIRMAN: Is there anybody else who wishes to speak in favor of this application? Anybody like to speak against the application? Seeing no hands, I make a motion closing. We hope to have a decision for you very shortly because I am sure you want to continue with the construction of the deck, too. All right, thank you. Give us a call tomorrow to see if we get through it tonight. 7:55 p.m. APPLICATION NO. 4126 - DONALD AND JEANNE KURZ. Variance to the Zoning Ordinance, Article III, Section 100-~3 for permission to build new, enlarged garage as an accessory in the front yard area (replacing existing garage which was approved under ZBA Appl.No. 2332 on 8/29/77). Location of Property: 725 Terry Lane (just north of the Southold Park District), Southold, NY; also referred to as Lot #5 as approved by the Town of Southold; County Tax Map Parcel No. 1000-65-1-17. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have copy of plan for the deck and new garage, rather. I am stuck on decks tonight. I apologize. 9~10/92 15 I am looking for the survey. Would you like to be heard, sir? Appearance: Dan Ross, Esq., Attorney for Applicant Ron Morizzo, Builder MR. ROSS: Dan Ross, on behalf of the application. I have some pictures here I would like to hand up'. This is an application for an accessory structure in the front yard. The property is located on Terry Lane. It borders on Southold Bay. Front yard is on the road; backyard is on the bay. There is no accessory structure between the existing residence and the bay at this time. There is an existing structure where is proposed structure is going to be. There is an existing 10 by 12 foot structure; the proposed structure is 24 by 36 feet. The proposed structure will be no closer to the side line or on Terry Lane than the existing structure. There is hardship and difficulty in putting the accessory structure in the backyard because the property is banked somewhat severely. That would create a problem. There are other houses in the neighborhood as you can see from the pictures, with garages in the front yard and they have a large hedge on this particular property that would block it. THE CHAIRMAN: The doors are going to open to the west side, I see. MR. ROSS: Yes, I believe so. THE CHAIRMAN: Approximate height is to the max of about 18, is that right, Bob? They take the average in determining that, so that is my question. 9/10/92 16 MR. ROSS: The builder, Ron Morizzo, is here and may be able to help us with that. MR. MORIZZO: Eighteen to 20 feet. MEMBER VILLA: How do you figure that? You got a 12 on 12 pitch on the roof and you got 24-foot width, and you got a foot overhang on both sides. That is'26, so if you come in 13, you go up 13. I don't see how you get maximum of what you are saying. Your pitch on your roof is a forty-five; it is 12 and 12; so if you come in 13 8 is 21, plus the header THE CHAIRMAN: feet, you are going up 13 feet. 13 and is 22. So you are saying 22 feet to the ridge is what you want to build? MR. MORIZZO: Right. THE CHAIRMAN: What else would you like to say? MR. ROSS: From an environmental standpoint, I think the accessory structure is better located in the proposed location than the backyard. THE CHAIRMAN: In reference to utility, and, again, we are talking only electricity? MR. ROSS: That is what I understand. THE CHAIRMAN: Only electricity, Ron? MR. MORIZZO: Well, yeah, there was going to be lights. storage purposes? As well as MR. ROSS: Right. MR. ROSS: That is it. THE CHAIRMAN: And the upstairs is only used for' the downstairs premises? 9~10/92 17 THE CHAIRMAN: In philosophy, I don't have a problem with these particular applications. We recently granted one on Deep Hole Drive in Mattituck in a similar type location. Unfortunately, the lot was a little bit smaller, and I went back on Saturday, when I was looking at this parcel, and it was tastefully done and I hope that the hedges would be left there also on this one to allow for the privacy factor, and so on and so forth. MR. ROSS: That is, as I understand, the intention. THE CHAIRMAN: Thank you, Mr. Ross. Is there anybody else who would like to speak in favor of this application? Anybody like to speak against the application? Any further questions, gentlemen? MR. VILLA: What is the second floor going to be used for? THE CHAIRMAN: They said storage purposes. No problem. Hearing no further comment, I make a motion closing the hearing and reserving decision until later. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 16, 1992 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Daniel C. Ross, Esq. Wickham, Wickham & Bressler, P.C. P.O. Box1424 Mattituck, NY 11952 Re: Appl. No. 4126 - Donald and Jeanne Kurz (Variance) Dear Mr. Ross: Please find attached a copy of ~the findings and determination rendered by the Board of Appeals in the above matter at our September 10, 1992 Regular Meeting. Before commencing construction activities, the builder or property owner should obtain written approval from the Town Building Inspector for issuance of other permits which are appropriate under the circumstances. Copies of this determination have also been forwarded to the Building Department for their permanent recordkeeping and to the Suffolk County Department of Planning which governs projects within 500 feet of the sounds, creeks, estuaries, and county lands. Very truly yours, Linda Kowalski Enclosure cc: Building Department (Attn: Victor Lessard) Suffolk County Department of Planning WILLIAM WICKHAM ERIC d. BRESSLER ABIGAIL A WICKHAM DANIEL C. ROSS LYNNE M GORDOn UOSEPH C. SAVINO HUBERT F SULLIVAN KAREN U. HAGEN LAW OFFICES WICKHAM, WICKHAM & BRESSLER, p.e. HAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 October 22, 1992 MORTGAGE OFFICE 516-298-5300 TELEFAX NO. 516-298-2012 Southold Town Zoning Board of Appeals Main Road, P.O. Box Southold, New York 11971 Attention: Ms. Linde Kowalski Variance &pplication of Donald and Jeanne Kurz Dear Linda: Enclosed please find a copy of the Declaration of Covenants and Restrictions regarding above mentioned variance for your records. The original Declaration was filed and recorded at the Suffolk County Clerk's Office on October Enclosure 1992. 55kurzzba DECLARATION OF COVENANTS AND RESTRICTIONS DISTRICT 1000 SECTION 065.00 BLOCK LOT UIT. 000 This declaration made this ( day of~l,'~'~'.~:~ 1992 by DONALD A. KURZ and JEANNE R. KURZ, his wife, residing at 15 Hampton Court, Port Washington, New York 11050, hereinafter referred to as the "Declarants"; WI TNES SETH WHEREAS, the Declarants are the owners in fee simple of a certain parcel of land situate on 765 Terry Lane, Southold, in the Town of Southold, County of Suffolk and State of New York, being the premises described in a deed dated June 25, 1990, and recorded on July 18, 1990, in the Suffolk County Clerk's Office at deed Liber 1110, page 537, and described as follows: Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Yown of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly or southeasterly line of Terry Lane (which point is South 21 degrees 32 minutes 00 seconds West, 500.00 feet from a point marked by a monument at the southwesterly corner of land now or formerly of Edward LaFreniere) said point of beginning being the southwesterly corner of the premises herein described: RUNNING THENCE along said easterly or southeasterly side of Terry Lane, North 21 degrees 32 minutes 00 seconds East 100.00 feet to land now or formerly of Taubin; THENCE along said land of Taubin, South 54 degrees 29 minutes 20 seconds East, 270 feet, more or less, to mean high water mark of Town Harbor; THENCE in a southwesterly direction, along said mean high water mark of Town Harbor, on a tie line South 19 degrees 52 minutes 30 seconds West 100.77 feet to land now or formerly of Southold Park District; THENCE along land of Southold Park District, North 54 degrees 29 minutes 20 seconds West, 273.00 feet more or less to the easterly or southeasterly side of Terry Lane, at the point or place of BEGINNING. Hereinafter referred to as the "premises". WHEREAS, said Declarants applied to the Board of Appeals for the Town of Southold for a variance from Article 111, Section 100-33 of the Zoning Ordinance to construct an accessory structure in the front yard area of the premises. WHEREAS, the Board of Appeals has granted the variance subject to certain conditions and required that such conditions be set forth in recorded covenants and restrictions. NOW, THEREFORE, Declarants declare that the aforesaid premises is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land in perpetuity. i. That the use of the accessory building to be constructed pursuant to variance shall be limited to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and shall not be used for a separate business purpose or storage in connection with a business purpose and there shall be no sleeping quarters, living quarters, cooking facilities or utilities other than electric in said structure. 2 2. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Board of Appeals for the Town of Southold. IN WITNESS WHEREOF, the Declarants have hereby executed this Declaration of Covenants and Restrictions the DONALD A. KURZ JEANNE R. KURZ 3 STATE OF NEW YORK) )ss.: COUNTY OF SUFFOLK) On the 97~ day of0C~;~£'t 1992 , before me personally came Donald A. Kurz to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ~236 _ · Nota~ ~blic ~~181~ STATE OF NEW YORK) )SS.: COUNTY OF SUFFOLK) On the ~ day of OO~' 1992, before me personally came Jeannne R. Kurz to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. ~ Public, State of New Yo~*k No. 4968236 Notary Public _4~emmlNIon F.~drE~ Jun~ 18 kurz c&v7 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, J~'. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 8, 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 Daniel C. Ross, Esq. Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952-1424 Re: Appl. No. 4126 - Donald and Jeanne Kurz (Variance) Dear Mr. Ross: This will confirm that the Declaration of Covenants, which was required by the Board at the time of rendering its determination, is acceptable, except however that the "in perpetuity" clause should be added as well as a clause binding all owners, subsequent owners, tenants and assigns. Once the Declaration has been revised and recorded, please forward a conformed copy to our office for our permanent file. Thank you. Very truly yours, Linda Kowalski HARVEY A. ARNOFF Town Attorney MATTHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY 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 MEMORANDUM OCT 6 TO: FROM: DATE: Zoning Board of Appeals o~~_ Harvey A. Arnoff, Town Att October 5, 1992 RE: C & R's Cellular One ~ ',.~j r'~ I have reviewed the C ~, R's on Cellular Onet~and find appropriate. Should you wish to discuss this matter further, please feel free to call me. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 MEMORANDUM TO: FROM: DATE: SUBJECT: Office of the Town Attorney Office of the ZBA October 1, 1992 Proposed Covenants as per ZBA Requirement Variance of Donald and Jeanne Kurz Special Exception and Variance for Cellular One We are in receipt of the attached Declaration of Covenants, requested by the ZBA, and prepared by the attorneys for each of the respective applicants. Your review of the proposed covenants and recommended changes are requested. We are interested to know whether other clauses should be added to bind all owners, subsequent owners, tenants, etc. before we agree to accept it (and of course require its recording in the Suffolk County Clerk's Office). Thank you. GG:lk WILLIAM WlCKHAM LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD. P.O. BOX MATTITUCK. LONG iSLAND NEW YORK 1195~ 516-298-8353 MORTGAGE OFFICE September 22, 1992 Board of Appeals Town of Southold Town Hall P.O. Box 1179 Southold, N.Y. 11972 Attention: Ms. Linda Kowalski Dear ~i: Re: Appl. No. 4126 Donald and Jeanne Kurz (Variance) Enclosed are proposed Covenants and Restrictions for the Board's review and approval before filing. Let me know if they are acceptable or changes are required. This will confirm our conversation with respect to the ZBA's requirement of covenants and restrictions relative to the use aspects of the var' ce. DCR:vm Encls. P.S. Please confirm the requirement for covenants and restrictions was inadvertently left out of the decision. DECLARATION OF COVENANTS AND RESTRICTIONS This declaration made this day of , 1992 by DONALD A. KURZ and JEANNE R. KURZ, his wife, residing at 15 Hampton Court, Port Washington, New York 11050, hereinafter referred to as the "Declarants"; WITNESSETH WHEREAS, the Declarants are the owners in fee simple of a certain parcel of land situate on 765 Terry Lane, Southold, in the Town of Southold, County of Suffolk and State of New York, being the premises described in a deed dated June 25, 1990, and recorded on July 18, 1990, in the Suffolk County Clerk's Office at deed Liber 1110, page 537, and described as follows: DISTRICT 1000 SECTION 065.00 BLOCK 01.00 LOT 017.000 Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a poin~ on the easterly or southeasterly line of Terry Lane (which point is South 21 degrees 32 minutes O0 seconds West, 500.00 feet from a point marked by a monument at the southwesterly corner of land now or formerly of Edward LaFreniere) said point of beginning being the southwesterly corner of the premises herein described: RUNNING THENCE along said easterly or southeasterly side of Terry Lane, North 21 degrees 32 minutes 00 seconds East 100.00 feet to land now or formerly of Taubin; THENCE along said land of Taubin, South 54 degrees 29 minutes 20 seconds East, 270 feet, more or less, to mean high water mark of Town Harbor; THENCE in a southwesterly direction, along said mean high water mark of Town Harbor, on a tie line South 19 degrees 52 minutes 30 seconds West 100.77 feet to land now or formerly of Southold Park District; THENCE along land of Southold Park District, North 54 degrees 29 minutes 20 seconds West, 273.00 feet more or less to the easterly or southeasterly side of Terry Lane, at the point or place of BEGINNING. Hereinafter referred to as the "premises". WHEREAS, said Declarants applied to the Board of Appeals for the Town of Southold for a variance from Article 111, Section 100-33 of the Zoning Ordinance to construct an accessory structure in the front yard area of the premises. WHEREAS, the Board of Appeals has granted the variance subject to certain conditions and required that such conditions be set forth in recorded covenants and restrictions. NOW, THEREFORE, Declarants declare that the aforesaid premises is held and shall be conveyed subject to the following covenants and restrictions. 1. That the use of the accessory building to be constructed pursuant to variance shall be limited to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and shall not be used for a separate business purpose or storage in connection with a business purpose and there shall be no sleeping quarters, living quarters, cooking facilities or utilities other than electric in said structure. 2 2. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Board of Appeals for the Town of Southold. IN WITNESS WHEREOF, the Declarants have hereby executed this Declaration of Covenants and Restrictions the day of , 1992. DONALD A. KURZ JEANNE R. KURZ 3 STATE OF NEW YORK) )SS.: COUNTY OF SUFFOLK) On the day of 1992 , before me personally came Donald A. Kurz to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF NEW YORK) )SS.: COUNTY OF SUFFOLK) On the day of 1992, before me personally came Jeannne R. Kurz to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. kurzc&v76 Notary Public 4 COUNTY OF SUFFOLK ROBeRt J. Gaf f NEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING September 23, 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) Tsavaris, George Milne, Gladys W/Kurz, Donald & Jean North Fork Bank & Trust Co. 4114 4118 4126 4127 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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, Now York, hereby refers the following to the Suffolk County Planning C~m&ssion: XX Variance from the Zoning Code, Article III · Section 100-33 __Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section __Special Permit Appeal No: 4126 Applicant: Donald and Location of Affected Land: 725 Terry Lane, County Tax Map Item No.: lO00- 65-1-17 Within 500 feet of: Jeanne Kurz Southold, NY __' 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 Comments: as Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Applicant is requesting permission.to buil.d new, enlarged garage an accessory in the front yard area (replacing existing garage approved' under ZBA Appl. No. 2332 on 8/29/77) ~ Copies of Town file and related documents enclosed Dated: Sept. 17, 1992 for your review. Page 3 - September 1992 Appl. No. 4126 - DONALD AND JEANNE KURZ Southold Town Board of Appeals (g) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the proposed building will be substantially setback from the front property line at 25 feet {or more}. Accordingly, on motio~ by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance to locate a 24 ft. wide by 36 ft. deep accessory garage/storage building in the front yard area as applied SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setback from the side property line not be less than 15 feet as conditioned by the previous variance; 2. That the setback from the front property line not be less than 25 feet; 3. That the building be limited to an accessory use for garage or storage purposes incidental and related to the principal dwelling use of the owner and not be Operated for gainful purposes (not for rental storage or other separate business purposes), etc. 3. That the building height from ground to top (peak) not exceed 20 feet; 4. That there be no cooking facilities or utilities other than electric; 5. That there be no sleeping or living quarters, as restricted by the accessory provisions of the code in this R-40 Zone District. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk GERARD P. GOEHRIN~ER, C~RMAN NOTICEOFHEARINGS Article II1, Section 100-33 for per- mission to build new, enlarged be held for ~bHc h~gs ~fom ~ ~ ' ' ~' ' ~HTg[~-~ T~ ~a~ ~ 6~ of P~y: 725 %~ ~e Ou~t o ...... ~o ..... uU~K~ ~r mo~ of Ilali, 53095 Main Road, Southold, (l) 7:35 p.m. A~ No 4122 ~ ROBERT H. AND ~AT~RYN B'. FLOYD KING AND ~SLAND'S DEXTER. Variance to the Zoning /EN~ OOL~ CLUB. V~nance to Ordinance, Article XXIX, Section ~mng Ordin~cc, Amclc ~, Scc- 100-239.4B, for ~ismion to con- TM 1~-33 for ~issi~ to 1~ st, act deck addition within 75 fe~t of thc bulkhead. Location of Property: 8380 Great Peconic Bay Boulevard. No, 1000-126-11-20. Subject pn:mis* cs is substandard in size and is loc. at- ed in the R-40 Zone Distria~ (2) 7:40 p.m. AppL No. 4124 -- DR~ AND MRS, CARL A. SO* RANNO. Variances to thc Zoning 100-239.4A(1) for approval of deck dairway gong the LI. Sound. Loon- addition within 100 feet of the top of ion of Property: 2170 The Strand the LI. Sound bluff o~ bank, and Ar- ~ane East M~rion NY Pebble ticJ¢ III Sectinn 100-33 for reval leach Farms Fried Map No. 6266, app of accessory storage building iocat~l ~ot 111; Parcel ID No, 1000-30-2- Property: 31059 County Road 48, Pcconic, NY; County Tax Map Patrol No. 1000-73-4-3. (3) 7:45 p.m, Appl. No. 4125 -- GREGORY POULOS. VarianccAo ~he Zoning Ordinance, Anlclc Section 100-239.4n(1) for PermiS- sion to construct deck addition (to existing deck area), all of which is IDeated within 100 fcct of thc Long Island Sound bluff or bank. ]]tis pat- cci is substandard in size and is lo- cated in thc R-40 Zone Districc Lo- cation of Property: 135 Soundvinw,~ Road, Odcnt, NY; also known as Lo~ #45 on thc Map of 'Orient by thc Sca, Section Two"; Count)' Tax Map Parcel No. 1000-15-3-3. ¢4) 7:50 p.m. Appl. No 4126 --- -RICHARD GOODALE AND ?IATTITUCK AUTO CENTER, { NC. (Tenant). Special Exception tO hc Zoning Ordinance, Article ~. I;cction 100-10lB(12) for · permit ,uthorizing: (a) a new car sales :stablishment; Co) an cstablishmcot. (d) accessory offie~ use incidental tO hearing. Each hearing will not start before thc times designated above, For more information, please call 765-1809 or visit our office. Dated: August 31. 1992. BY ORDER OFTHE SOUTHOLD TOWN BOARD OF APPEAL~ GERARD P. GOEHRINGER CHAIRMAN By Linde Kowalski STATE OF NEW YORK) ) 8S: COt T Ol' StTn OLIq I (/t~l~/~' ~0 ~/~C/~ of Mattituck, in ~d Co~, bei~ d~y s~m, ~ ~at he/she ~ ~cip~ Clerk of THE S~OLK TI~, a Wee~y Newspaper, p~lished at ~ttituck, ~ the To~ of Southold, County of S~olk and State of New York, and ~at the Notice of w~ ~e ~exed ~ a p~ted copy, h~a b~n ~- ly p~lished in said N~spaper once each w~k ~r / wee~ successively, comm~nc~ on U~NIE V. ~0~ ~y P~ ~ ~ New Y~ ~ E~ ~ 19, ~9 ~t~ ~mpm Clerk ~m to before me ~ ~ / .c. 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, SEPTEMBER 10, 1992 com- mencing at the times specified below: (1) 7:35 p.m. Appl. No. 4122 ROBERT H. AND KATHRYN B. DEXTER. Variance to the Zoning Or- dinance, Article XXIX, Section 100-239.4B for permission to construct deck addition within 75 feet of the bulkhead. Loca- tion of Property: 8380 Great Peconic Bay Boulevard, Laurel; NY; County Tax Map Parcel No.' I000-126qi-20. Subject premise~ is substandard in size and is located in the R-40 Zone District. , (2) 7:40 p.m. Appl.'No. 4124 - DR~ AND MRS. CARL A. SORANNO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for approval of deck addition within 100 feet of the top of the I L.I. Sound bluff or bank, and' Article III, Section 100-33 for ] approval of accessory storage building located in the front yard area, 400+ feet from the front property line. Location of Property: 31059 County Road' 48, Peconic, NY; County Tax. Map Parcel No. 1000-73-4-3. (3) 7:45 p.m. Appl. No. 4125' GREGORY POULOS. Variance to the Zoning dinance, Article XXIII, Sectional 100-239.4A (1) for permission to construct deck addition (to ex* isting deck area), all of which is located within 100 feet of the Long Island Sound bluff or bank. This parcel is substandard in size and is located in the R-40 Zone District. Location of Pro-, perry: 135 Soandview Road, Orient, NY; also known as Lot No. 45 on the Map of "Orient by the Sea, Section Two;" Coun- ty Tax Map Parcel No. 1000-15-3-3. (4) 7:50 p.m. Appl. No. 4126 - DONALD AND JEANNE KURZ. Variance to the Zoning Ordinance, Articl~ III,, Section ']00-33 f6r permlsslo}{' to b~ll d new, enlarged garage as an ac- cessory in the front yard area (replacing existing garage which' was approved under ZBA Appl. No. 2332 on 8/29/77). Location. of Property: 725 Teri'y Lane, (just north of the Southold Park' District), Southold, NY; also' referred to as Lot No. 5 as ap-, proved by the Town Southold; County Tax Map Parcel No., 1000-65-1-17. (5) 7:55 p.m. Appl. No. 4121 - FLOYD KING and ISLANDS END GOLF CLUB. Variance to the Zoning Ordinance, Article III, Section 100-33 for permis- sion to locate accessory equipment-storage building in the front yard area. Location of Property: 3365 Main Road,' Greenport, NY; County Tax Map Parcel No. 1000-35-2-1. This property is zoned R-80 Residential. (6) 8:00 p.m..4ppi. No. 4114- GEORGE TSAVARIS. A Variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4 for approval of deck area as exists at the top of bluff- stairway along the L.I. Sound. Location of Property: 2170 The Strand Lane, East Marion, NY Pebble Beach Farms Filed Ma No. 6266, LOt 111, Parcel ID Nc 1000-30-2-53. (7) 8:05 p.m. Appl. No. 4119SE RICHARD GOODALE AND MAT- TITUCK AUTO CENTER, I INC. (Tenant). Special Excep- tion to the Zoning Ordinances Article X, Section 100-10lB(12) for a permit authorizing: (a) a new car sales establishment; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles, (d) accessory office use incidental to the new principal COUNTY OF SUFFOLK STATEOF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of 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, bas been .published itl said Long Island Traveler-Watchm;m once each week [or. .................... ~ ..... weeks successively, commencing on the ......... ,~. ~ ........ Sworn to before rne this ........... ~..'~.. .... clay of ........ , use as a new car sales establish- ment. Location of Property: 7655 Mairi.Road (NYS Route 25), Laurel, near Mattituck, NY: County Tax ~Map Parcel No; 1000-122-06-30.1 (prey. 30). · 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 hear~ ing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: August 31, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ' '7 by Linda Kowalski- t4 IX-9/3/92(65) Notary Public 8ARSAR,'~ A. SCHNEIDER NOTAR'/PU!ZIC, St:~[e of t~e~,? York Qualified i,~ Sd~lk Couqty . 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 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 uD 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 ver~ truly, Enclosure GERARD p. GOEHRINGER CHAIRMA/q By Linda Kowalski Copies sent 9/1/92 to the following: Mr. and Mrs. Robert H. 197 Kensington Road Garden City, NY 11530 Dexter Dr. and Mrs. Carl A. Soranno 185 Bayview Avenue Amityville, NY 11701 Mr. Blair Dibble Re: Pride Building Co., Inc. P.O. Box 1464 Southold, NY 11971 Poulos Mr. Gregory Poulos 24-09 Murray Street Whitestone, NY 11357 Dan Ross, Esq. Re: Kurz Wickham, Wickham & Bressler, P.C. Main Road, Box 1424 Mattituck, NY 11952-1424 Mr. Ernie Richter Re: Floyd King Richter Home Improvement Co. 515 Seventh Street Greenport, NY 11944 Mr. Russos ~adiotakis 1516 East 15th Street' Brooklyn, NY 11230 Re: King J. Kevin McLaughlin, Esq. P.O. Box 1210 Southold, NY 11971-1210 Re: Goodale S,~. Mr. and Mrs. George Tsavaris 2170 The Strand East Marion, NY 11939 Dr. and Mrs. Edward Kondak P.O. Box 98 Greenport, NY 11944-0098 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOT1~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 August 25, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4]26 Project/Applicants: County Tax Map No. Location of Project: Donald and Jeanne Kurz 1000- 65-1-17 725 Terry Lane, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Accessory garage in frontyard 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(33)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further Board of Appeals, (516) 765-1809. information, please contact the Office of the Town Hall, Main Road, Southold, NY 11971 at 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, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: RE: DATED: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4126 KURZ, DONALD & JEANNE AUGUST 25, 1992 Transmitted is application for variance submitted by DONALD AND JEANNE KURZ together with a letter from Daniel C, Ross acting as attorney, Notice of Disapproval of Southold Town Building Department. Short Environmental Assessment Form. Questionnaire for filing with ZBA application. Short Environmental Assessment Form for unlisted action only. sketch of proposed three car garage. Notice of Adjacent Property Owners. sketch of described property. Southold Town Building Permit, Application for Building Permit. WILLIAM WICKBAM ERIC J. BRESSLER ABIGAIL A. WICKHAM LAW OFFICES WICKHA~4, WICKHAM & BRESSLER, P.c. MA~N ROAD, P.O. BOX I424 MATTITUCK, lONG ISLAND August 25, 1992 MORTGAGE OFFICE 516-298-5300 TELEFAX NO. 516-298-201~ Southold Town Zoning Board of Appeals Main Road, P.O. Box Southold, New York 11971 Attention: Re.: Ms. Linda Kowalski Variance Application of Donald and Jeanne Kurz Dear Linda: Enclosed please find: 2. 3. 4. 5. 6. 7. Notice of Disapproval Application to ZBA Notice of Adjacent Property Owners Short Environmental Assessment Form Questionnaire for filing with ZBA Application Plans for proposed structure Application fee of $300.00 Also enclosed is a copy of an application for Building Permit number 204982 and the building permit issued pursuant to the application. This is an open permit. We will provide Certificated of Occupancy and a copy of the deed as soon as they are received. We will also obtain and submit executed copies of the Short Environmental Assessment Form and the DEC jurisdiction letter. Enclosed herewith are unexecuted copies. ours~ DCR:ic Enclosures LOCATED AT ~4.,,,~-,~/O//-3 LOT OFFSETs r-ROM. ST~ TO AELATIVE 8OUNDRY UNES, ON SURV~, A,RE FOR A SF-:CIF]C USE ONLy, AND SHOULD NOT BE USED FOR .5'4' · TOWN OF ,~o~7-,.~m~.Z:~~ · CO. CLK. NO. CONSTRUCTION OF I ~~ , _ ' , · [pp.. ' . · ~ . FILE NO. WILLIAM ~. ~I~O~S J~. PlO BOX 377 JAMESPORT, L. L, N.Y. I 19~7 PAG~ ~ Appendix C Stale Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION ('To be comolet~ _ :~ Applicant or Proiect sponsor) SECR 1. APPI.ICANT/SPONSOR I 2. PROJECT NAME Donald A. and Jeanne Kurz ! Variance Request 3. PROJECT LOCAT;ON: u~.,¢,o=.~ Southol d co... Suffnl k 725 Terry Lane. Southold. New York 1000/065. 000/01.00/017. 000 iS PF~OPOSED ACTION: to replace existing 12' by 10' accessory structure with 24' by 36' accessory structure to be used as a garage. Need variance to locate accessory structure in "front". ~. T ,s PRESENT ~N~ ~S~ m V,Cm'T~ o; PROJECT? Residential ~.. ~.o ....,.,.~..c~..=.,m.u.:=,=.,, it is within 300 feet of tidal wetlands but 10 feet above sea level II the action is in the Coastal Area, and you are a stale agency, compJete Coastal Assesc, ment Form belore procoeding with this assessment OVER t (Continued on reverse side) project is not significant. l. Will projec~ resul~ in a lar=e physical chance 7. Will project result in a major adverse effect on 8. Will project have a major effect on visual char- u=e of h~stor~¢, pre-~ist~rlc, or paleontological 10. Will project have a major effect on existing or 11. Will project result in major traffic problems or ~Yes ,X No 13. Will pro]oct have any impact on public health 14. Will prelect affect tho existing community by X$ there public controversy concerning the .__Yes X ~o QUESTiC~'~AIRE FOR ~ 7, ~u .... JG WI... 'fOUR Z.B.A. APPLiCATICN A. Please disclose the n~mes 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 es=ate market ~or - sale or being shown to prospective buyers? { } Yes (XX} No. (If Ye.s, pl~se a~h =Dp~ nf "conditions" of sale.) C. Are there a~ 'pYc~o~als tm ~nange ~rr alter l~nd c~ntc'~u? { } Yes {X} No D. 1. Are there any areas which contain wetland grasses~0n,the bp~ side of the 2. Are the wetland areas shown on the map'sttbmitted ~m~%-~sloence this application? No 3.Is the property bulkheaaed between the wetlands area and the upland building area? No. 4. If your prcperty contains we:±an:s or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Outside 75 f60t lrustee jurisdiction E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~g (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which ex~ ~ ~nd are not ~hc~n ~n the survey map that you ~re ~mitting? No If none exist, please state "none" re is additional~cking below proch shown. There is a second s~ory on the main dwelling. G. Do you have any construction taking place at this time concerning your premises? No 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 or any co-o%~ner also own other land close to this parcel? No If yes, please explain where or submit ccpies of deeds. I. Please list present use or operations conducted at this parcel residential and proposed use residential / Au[n?r'~ze~ S~g~a~e anc~e 3/87~, 10/901k August 25. 1992 (Tod,:y's Date~ To: Southo!d Town Board of Appeals blain Road Southold, ~Y 11971 Appeal Application of Donald A. and Jeanne Kurz Location of Property: _Z25 Terry Lane. S0uth0]d, N.Y. 11971 Dear Sirs: In rcf~rence to the New York State Tidal Wetlands Land-Usc Regu~ations, 6 NYCRR, Part 661, and Article 25 of the 2~ew York State Environmental Conservation La%C, please be advised that the subject property iQ the within appeal application: (ple~sc chuck cmo bo:<) [ ) M,~¥ be located within 300 feet of tidal wetland:~: hc~.n~ver, constructed alon~ the water-lying of this property is a bulkhead in very good condition and at least 100 feet in length." [ ] May b~ located %¢ithin 300 feet of tidal wetiand~; however, constructed along the water-lying edge of this property is a bulkhead in need of (minort (major) repairs, and approximately __ feet in length. [ ) May be located within 3~00 feet of tidal we,!ands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. ( ] of ] May be located within 300 feet of tidal wetlands; and there '~Xx~xl~x~O~i~W~xxthe proposed construction is more than 10 feet above sea level. Is not located within 300 feet of tidal wetlands to the best of my knot~ledge.* [Starred stems (*) ~nd~ca~e your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, (SZ,3~la~ura please) NOTE: If proposed project falls wi~n D.E.C. jurisdiction, approval must be received an~! submit~6d to our office before your application can be scheduled for a public hearing. IrO~ NO. ! TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THI"S PEPu~IT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK ^UTHOPJZED} 20! 8Z ..... ! ....,,~.~. , '~'"; ....... ~ .................... ~./. . ....... at pre..m.i~s located at ..... .Z~...~..../.....~..~.....~. ~.. ............................... ./....~. ................ ..~..... pursuant to application dated ~./..././. ......................................... , 19.~.....2~., and approved by the ~uilding Inspector. ~ / ,~1 ding In.~tor Rev. 6/30/80 'i R-~O R-80 ,/ '~ . $0 U THOI.. D 8A Y FOB, M I~0. I TOWN OF SOUTNOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. C Examined Approved ........................................, 19 ........ Permit No ....... Disapproved a/c .............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Application No ............. Date ................................................ , 19 ............ INSTRUCTIONS a. This application must be Completely, filled in by typewriter or in ink and s ' Inspector, with 3 sets of plans, accurate plot plan to SCale. Fee according to Scheduil~.bmltted in triplicate to the Building b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or c. The work COvered by this application may not be Commenced before issuance of Building Permit. ar~s, and giving adetailed description of layout of property must be drawn on the diagram which is part of public Streets or shall oe Kept on the premises available for inspection throughout the Work. this application. ~U.pon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit e. No building shall be OCcupied or used n whole or in part for any purpose whatever until o Certiflcote of Occupancy ~ho/I have been granted by the Building inspector. APPLICATION S HEREBy E to th B 'din De . :uilding Zone Ordinance of /~D e ud g ?gu arians, for the con,+--~t.he T.O.wn of Southold Su Partment for the ~ssuance of · · . ne applicant a~r .... ~--ua[[on o1' build/nas o,14~;_ ffo/k ,County, New York ,,,4 dmit outl~.:--~ .~ ,0 comply with all nn~l~--~'~'~uns or alterations or f~- -~ ~'~ .O,ner applicable Law~ ~-~. "' .u [ne - ~-~m~ses ann in b-if,4~--- ~ a__es, building code k~-.. ~o[ftfon, OS herein descrlh,,H ...... ga tar necessary inspect/on~ (S,gnotu're of oppli~l~;] ~r name if ' -//3 ' ' , a corporation) .......................... ~ ~J~ /(Addr~'s~"~'~"~'~'~ii~¥i ............. .<././.. ............ ~te whether applicant Ssee, agent, architect, engineer, general contractor, electrician, PlUmber or builder. ............................................ ~:.~ ............................................................................................................................................ ne of OWner of premises ....~.~.4...~...:...~..~.~.....c~.......~.~...~..?~..~.,~ ~ pplicant is a corporate, signature of duly authorized officer. · (Name and title of corporate officer) Builder's License No ............ .,~.~..~ .................... Plumber's License No ................................................. Electrician's License No. Dther Trode's License No ............................................... Location of land on Which pro~s~e~work will be done. Map No Street and Number ~ Z~__~ ;~ -/ ' ~ ': .......... . ............. ~..~C~-~'.~_~.~} ~ .,~-..-c2-- ~ ' ..................... LOt NO State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Mun/cipali~ ....... b. Exisiting use and ocCupancy ........................ Intended use and occupancy ,~.~.,~,/.,,~, ~ -~ -- /' ............. - ..x. XxL,,.,,,..~ ............. ~.~.~.~. ~.. ',3. tu're of~rk (check which app ble): New Buildin ..C.. .:.. Additi .................. Alteration ............... Removal Demolitior ................... : Other Work .............................. ...................... Repair . .............................. (Description) (to be paid on filing this application) 5. If c~lling, number of dwelling units ............................ Number of dwelling units on each floor ............................ ifaroge, number of cars ............................................................................................................................................. 6. ~ business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ...... Dimensions of same structure with alterations or additions: Front .................................... Rear ............................ Depth ................................Height ............................Number of Stories ................................ Height ..... 7......-..~.l Number of Stories ..................................................................................................................... 11. Zone or use district in which premises are situated ............. ~.C~../X ........................................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ...... ~.. .................................... 13. Will lot be regraded . ....... ~ ......... ~ill excess fill be removed from premises: ( ) Yes ( ) No Name of Architect .............................................................. Address ............. ..-~..r~.~.~7,~,~ Phone No ....................... Nome of Contractor ............................................................ Address ................................ Phone No ....................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, ~ S S COUNTY OF ................................ r ' ......... ?..~.(..L.~..~......~2~ ..................................................... being duly sworn, deposes and says that he is the opplicanl (Name of individual signing contracf) above named· He is the ........... ~)....C~.....~..~ .............................................................. ...................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swo~:~t~o~/~re me this ........... .~/r...~..... day of ..Z~- .~....~.~....~... ............... , 19..~..~.. County ~.~. ,/~/~.. /J(~ h~~ ' (Signature of applicant) Term Expires Mirch 30, After nvestlgation and inspection, the Board finds that the i ' ~pPlicants request permission to construct accessory building in front yard area, south side Terry Lane, Southold, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance Would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all ~roperties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Philip and Aottie Barth, 725 Terry Lane, Southold, New York, be GRANTED permission to con- Struct accessory building in front yard area, south side Terry Lane, Southold, New York, as applied for, subject to the foi- l°wing condition: The accessory building shall be no closer than 15 to any property line. ' Vote of the Board: Ayes: Doyen. - Messrs: Gillispie,.Bergen, Grigonis, TOWN OF SOUTHOLD, NEW yORK ACTION OF THE ZON~qG BOAI~D OF Al'PEALS AppealNo. 2332 Dated AUguSt 29, 1977 ACTION OF THE ZONING BOARD OF APPEALS OFTHETOWNOFSOUTHOLD To Philip and Lottie Barth /// 725 Terry Lane · Southold, NY 11971 Appellant at a meeting of the Zoning Board of Appeals on . ;September 15, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1977 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:25 P.M. (E.D.S.T.) upon application of philip and Lottie Berth', 725 Terry Lane, Southold, New York for a variance in accordance with the Zoning ordinance, Article III, Section 100-32 for permission to construct accessory building in front yard area. Location of property: south side Terry Lane, Southold, New York, bounded on the north by Terry Lane, east by now 6r' formerly H. Tauben; south by Peconic Bay; west by Southold Park District. 2. VARIANCE. By resolution o! the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or hardship because SEE REVERSE (b) The hardship created (is) (i~ not) unique and (would) (would not) be shared by all properties ~like in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance that the previous decisions of the Building Inspector ( ) be confirmed ( ) be granted be reversed, ) be denied and SEE REVERSE FORI',! ZB4 ZONING BOA-RD OF APPEALS WICKHAm, WICKHAm & BRESSLER, P.c, August 25, 1992 mORTGAGE OFFICE 516-298-5300 TELEFAX NO. 516-298-201~ Southold Town Zoning Board of Appeals Main Road, P.O. Box Southold, New York 11971 Attention: Re.: Ms. Linda Kowalski Variance Applioation of Donald and Jeanne Kurz Dear Linda: Enclosed please find: 2. 3. 4. 5. 6. 7. Notice of Disapprov~i Application to ZBA Notice of Adjacent Property Owners Short Environmental Assessment Form Questionnaire for filing with ZBA Application Plans for proposed structure Application fee of $300.00 Also enclosed is a copy of an application for Building Permit number 204982 and the building permit issued pursuant to the application. This is an open permit. We will provide Certificated of Occupancy and a copy of the deed as soon as they are received. We will also obtain and submit executed copies of the Short Environmental Assessment For~ and the DEC jurisdiction letter. Enclosed herewith are unexecuted copies. DCR:ic Enclosures D & J PROPERTIES ~' REM,TT^NCE ~,DV,CE 1 280 - 15 HAMPTON COURT L · PORT WASHINGTON. NEW YORK 11050 L ' L ; 1145 AMOUNT MARINE MIDLAND BANK, N.A. $OUNOVIEW MARKETPLACE PORT WASHINGTON NEW YORK 11050 ~ney, New York SOUthold, New Yor~16-765-180, ~o~ ~ ~ / 44573 ~o~~ BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter ot the Petition of Donald A, and Jeanne Kurz to the Board of Appeals of the Town nf South~td TO: Harold and Sara Taulpin 441 South 49th Street Philadelphia, Pensilvania ~-1-9~3 NOTICE TO ADJACE,'I? Southold Park DistrictPROPER?Y OWNER P.0. Box 959 Southold, New York 11971 YOU ARE HEREBY GIVEN NOTICE: i. That it is the intention of the undersigned to peth~o'n the Board of Appeals oi thc Town of Southnld to request a from Article III, Chapter 100-33 2. That the property which is the subject of the Petition is cribed as follows: 725 Terry Lane, Southold, New York located adiacent to your property and is des- see survey enclosed 3. Thai lhe property which is the subject of such Petition is located in the following: zoning district: R-4~ 4 That I% ~uch Petition. the undersigned will request the following relief: Permission to construct a 24' b,¥ 36' accessory structure in the front yard as indicated on the ~,,w',l~v ~n h~ .~H ~n nRr~n~ autnmobile, 5. That the provisions of the Sou[hold Town Zoning Code applicable to the relief souRh[ by the under- signed are Art;.c!e T T T Section 100-33 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five da~.s from the date hereof, a written Pelition requesting the relief specified above wiil be filed in the Sou[hold Town Clerk's Office at Main Road, Sou[hold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief ~uught may be granted, a public hearing must be held on thc matter by the Board of Appeals; that a no[ice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in Jhe Long Island Traveter-Mattituck Watchman, newspapers published in the Town of Sou[hold and designated for the publication of such notices; that you or your representative have the rightDated::O '~---~h~/~''~appear and be heard at such hearing.. _ 5/ ~b~--~..-~ ' //~'''~~ O~s'~a~es:~ona~d A. and~anne Ku~z Pos~ Office Add~ess 725 Te~ Lane, Southold, N.Y. ~97~ Tel. No. ( ) [Copy of sketch or plan showing proposal to be purposes.] for convenience PROOF OF ATTACH C-..T ADDRE Harold and Sara Taubin 441 South 49th Street Philadelphia, Pensylvania 19143 Southold Park District P.O. Box 959 Southold, New York 11971 STATE OF NEW YORK ) COUNTY OF SUFFOLK) 55.: P ,~6 283 Certified Mail Receipt No insurance Coverage Provided Do not use for International Mail (See Reverse) Harold & Sara Taulpin s"e~t~f°South 49th Street ~hiladel phia, Pensyl va~n Ce~t,fied Fee $ 1. O0 & Fe Southold Park District P.O. Box 959 Southold, New York 11971 Certified Fee $ 1.00 TOTAL Postage .~'~.~ ~ P°stmark °r [2~. ~ ~,~ Ina Charkow , residing at Phillips Lane, Aquebogue, NY 11931 , bein~ duly sworn, deposes and says that on the 25th of August., 19 92 ,deponent mailed a true copy of the Noticeset forth on thc rc- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of 5outhold; that said Notices were mailed at thc United States Post Of- fice at Mattituck. 11952 ;that said Notices were mailed to each of said persons by {certified) (~v~)~K~Y~O mail. ~fore me~ Notary Public Ina Charkow (This side does noC have to be completed on form transmitted to adjoining property owners.) -,% ° QIEOUN,r) FLOOC' PLAk} ° ~ iud5 1992 RON MOR,~[O BU~LDER. INC. P~.-,OP05-Ct_ TI-IEEE L,A~ Q.,~.,,~,~ ~-E.