Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
4099
APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOV~NOFSOUTHOLD ACTION OF THE BOARD OF APPEALS 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 Appl. No. 4099. Application of CHARLENE EDWARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for approval of deck extension between existing deck and stairs along the bluff of the Long Island Sound. Location of Property: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel No. 1000-68-3-8.2. The size of this lot has a total area conforming to the requirements for this R-40 Zone District. WHEREAS, a public hearing was held on November 9, 1992, at which time 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; 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 application for a Variance under Article XXIII, Section 100-239.4A for approval of a northerly open-deck addition from the existing bluff stairs to the existing rear deck of the dwelling structure. 2. Under consideration in this variance request is an extension of approximately 385 sq. ft. of actual new (open) deck area near the bluff stairs. A rough sketch and photographs have been submitted to show that area between the bluff stairs and the dwelling structure under consideration. Also, board members have personally visited the site and have viewed this deck extension in the rear yard. 3. For the record it is noted that the following permits have been found of record concerning this property: a) Certificate of Occupancy No. Z13933 dated October 15, 1985 for a deck addition under Building Permit .Page 2 - Appl. No. 4099 · Matter of CHARLENE EDWARDS & E. POCHTRAGER Decision Rendered November 9, 1992 No. 14346Z; b) Certificate of Occupancy No. Z13573 dated July 1, 1985 for construction of a garage and storage building under Building Permit No. 13908Z; c) ber 3, 1986 14267Z. Certificate of Occupancy No. Z15065 dated Novem- for alteration of garage under Building Permit No. 4. The dwelling as exists is shown to be 26+- feet from the platform at the top of the bluff. The property slopes considerably downward from the top of the bluff with variations in contours (45 feet above MSL, and less). On the beach side of the bluff, the property is vegetated. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. It is also noted for the record that Article XXIV, Section 100-242A of the zoning code activates the need for a variance when the degree of nonconformance is enlarged or expanded. Although the present setback of the closest section of the house to the bluff line is shown to be 26+- feet, there is no waiver for expansions outside the footprint of the house and within 100 feet of the bluff. 6. Applicant has or is presently in the process of filing a complete application with the Southold Town Trustees requesting a review under the Coastal Zone Management Act (Ch. 37) and/or action under the Town Wetland Ordinance (Ch. 97) of the Southold Town Code. 7. It is the position of this Board that in considering this application: (a) the relief requested is substantial in relation to the requirements - however, this deck construction is landward of an existing deck platform and stairs; (b) this project under consideration is minor in that it is a raised wooden deck which will not be disruptive or destructive to the ground areas; (c) the requested relief will not alter the essential character of the neighborhood since there is construction already existing with a similar or closer setbacks in the immediate area on adjoining properties; .Page 3 - Appl. No. 4099 · Matter of CHARLENE EDWARDS & E. POCHTRAGER Decision Rendered November 9, 1992 (d) the difficulties are uniquely related to the property, its existing nonconformities, and its topography, the difficulties claimed are not personal to the landowner; and (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) there is no alternative for appellant to pursue unless the appellant requested an in-ground patio through a permit process with the Town Trustees, which is not more feasible under the circumstances; (g) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a variance for the proposed addition to existing dwelling as applied in the Matter of CHARLENE EDWARDS and EDWARD POCHTRAGER under Appl. No. 4099, SUBJECT TO THE FOLLOWING CONDITIONS: without altered, That the 385+- sq. ft. deck addition (as constructed a permit) not be modified, enlarged, or otherwise enclosed or roofed; 2. That the use of the deck extension shall remain open, unenclosed and unroofed at all times, as exists; 3. That there be no physical disturbance to or close to the bluff area. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa and Wilton. lk GERARD P. GOEHRINGER~, CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN C[,F~-ff( Town Clerk, Town of $cutkctd APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE 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 MONDAY, NOVEMBER 9, 1992 commencing at the times specified below: 1) 7:32 p.m. Appl. No. 4099 - Application of CHARLENE EDWARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck extension between existing deck and stairs along the bluff of the Long Island Sound. Location of Property: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel No. 1000-68-3-8.2. The size of this lot has a total area conforming to the requirements for this R-40 Zone District. 2) 7:35 p.m. Appl. No. 4098 - Application of INDEPENDENT GROUP HOME LIVING PROGRAM, INC. (IGHLP) appealing the June 30, 1992 Notice of Disapproval issued by the building inspector, for relief under Article XXIII, Section 100-231(B) of the Zoning Ordinance for the placement of fencing at more than the 6-1/2 Page 2 - Legal Noti~ Hearings for November 9, 1992 Southold Town Board of Appeals ft. height limitation {proposed height: 8 ft.}. Location of Property: 52550 Main Road, Southold, NY; County Tax Map Parcel No. 1000-61-3-1. 3) 7:38 p.m. Appl. No. 4137 - Application of JANE C. PEACE appealing the October 19, 1992 Notice of Disapproval issued by the building inspector, for relief under Article IIIA, Section 100-30A.3 for the placement of a raised concrete patio extension with awning at a setback of less than the required 35 feet from the front property line along Reydon Drive. Location of Property: 40 Grove Drive at Intersection with Reydon Drive, Southold, Reydon Shores, Section H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 4) 7:42 p.m. Appl. No. 4098 - Application of TONY AND MARIA KOSTOULAS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence, as exists, near the L.I. Sound bluff. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. (Hearing was previously postponed for Town Trustees action on Coastal Zone Permit jurisdiction). Page 3 - Legal Not~ Hearings for November 9, 1992 Southold Town Board of Appeals 5) 7:50 p.m. Appl. No. 4136 - Application for GEORGE BITSAKIS AND OTHERS (Owners) for a Variance under Article XXIII, Section 100-239.4A for permission to construct addition and reconstruct existing dwelling structure areas located within 100 feet of the L.I. Sound bluff or bank. Location of Property: 57065 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-044-2-1. This property is nonconforming as to total lot area in this R-40 Zone District. 6) 7:55 p.m. Appl. No. 4132-B - Application of SPECTACLE RIDGE, INC. to include, as amended, a request for relief under Article III, Section 100-31A(1) (and/or Section 100-31C pertaining to accessory uses) to permit residential second-floor use for family member of a proposed accessory building, in conjunction with the use of the proposed principal single-family residence. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of lot line and before the Farmland Development Rights on 17+- acres, leaving 2+- acres for one (1) principal dwelling use per two acres of land area. 7) 8:00 p.m. Ref. File No. 4122-B. Application of ROBERT H. and KATHRYN B. DEXTER under Article XXIII, Section 100-239.4B · for a rehearing, or in the alternative, new Application for a Page 4 - Legal NotJ Hearings for November 9, 1992 Southold Town Board of Appeals deck extension, as modified, plus second-story overhang, all to be located within 75 feet of the lower bulkhead along Great Peconic Bay. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: October 26, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski Copies transmitted to the following on or about 10/26/92: L.I. Traveler-Watchman Suffolk Times, Inc. Ms. Charlene Edwards, 40-27 195th St., Flushing, NY 11358 IGHL, Inc., Attn: Mr. Walter Stockton, Box 638, 62 Pine St., East Moriches, NY 11940 Donald M. McGayhey, Esq., Box 981, 1050 Youngs Ave., Sld 11971 Re: Jane Peace Mr. and Mrs. Tony Kostoulas, 2-21 148th St, Whitestone 11357 Ward Associates, P.C., 1500 Lakeland Ave, Bohemia 11716 Re: G. Bitsakis and others Mr. G. A. Strang, R.A., Box 1412, Southold 11971 Re: Spectacle M/M Robert H. Dexter, 197 Kensington Rd, Garden City 11530 FORM NO. 3 TO~,YN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTItOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated .~..~..~. ,19 ~..'~.. · · ..~,- ~ ......................... · stree~ ...... County Tax Map No. I000 Section .... ~.~ .' .... Block .... ~: ....... Lot ...~-. ~ ..... Subdivision ................. Filed Map No ................. Eot No ........ ' ...... ~... ~~~. .~. ~ ~.~ ~ .~.~}. .~~'. . ~. . . ~ . ~ ................ . --'~:-..~..:...:.~> ............ ~ . . . : . . ~ . . .~ ...... ...~ ...... ~. . ~ ~ . . . ~. . . ~. ~2. .:~ .~~ .. ~ ~',~ . . :~ ~. ~...~~~ ......... RV 1/80 Examined .'-~. / .,~.. ......... , FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Approved · ........... , 19... Permit No ............ Disapproved a/c...~../~.~ .'~~.... ............. ~OARD OF HEALTtt ......... 3 SETS OF PLANS .......... SURVEY ................... CIIECK .................... SEPTIC FORH .............. CALL ................... HAIL TO: (Building Inspector) INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets 6f 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 streets or,oreas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be cbmmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with ali applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary irlspections. 11/, 'Ll~ /?' ' .... V.v.~ ?'./.~.-:.. ~ ~.4eJ.'~. d3 ........................ (Signature of applicant, or name, if a corporation) · .4. · (Mailing address of appli~c'ant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder· Name of owner of premises . ~.l:4~..~'.L..'~?..~......~. ?.4~. ?..~j....~L'~.~...~/.~.....]~.~.~.17.~..-~.. ............. (as on the tarA roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No. Other Trade's License No ...................... I. Location of land on which proposed work will be ~lone. ~>0 5/0-Z.T"...~.~.~ ~. ~'/~" 4 House Number Street Hamlet County Tax Map No. 1000 Section .................. Block . ~ Lot.. ~. Subdivision ){ Filed Map No. .~. ........... Lot . )q' .... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. isting use ana occupancy. .... .... .................................. b. lntended use and occupancy __~[5'~.~. P~'~ ./D>I~i~OA/ ' : .......... ''on..9~.. ...... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work/I~3 ...... 4. EstimatedCost..~.~.~..ff02..~. ...................... Fee ~).IA) · (Description) (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ....... . If garage, number of c~s ......... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ D~ensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ............. ' ....... 8. Dimensions of entire new construction: Front .. ~) .......... Rear .. iS.' .......... Depth .. )P~ .......... Height ............. ~/,Number of Stories ~ .... ~ 9. Size of lot: Front / ~. ~ a~' '~fi ........................................ 10. Date of Purchase S~g~','i~l 4~ ........ ;. pth .................. 11. Zone or use district i~ which vr~m~ec are 12. D°es proposed construction violate any zoning law, ordinance or regulation: .............................. 13. Will lot be regraded . ~O. ~ ...................... Will excess fill be removed from premises;_ .~ Yes. 14. ~me of Owner ofpremise~.,~.~. ~--. Address 4o.~* 16S ~ .... Phone m~e of Architect L~y~ ~u vOc~ '''~''&"' .... ' ........................ Address .~ }~ ~t ~,~ ~'~..PhoneNo .... nme ox contractor Addres -- ~ - ................ I · ' .' - -. .................... s .................. ehone No .............. 15. s th~s property w~th~n 300 feet of a tidal wetland? *Yes...~.. No ......... · If yes, Southold To~ Trustees Pemit may be required. ... PLOT DIAG~ Locate clearly ~d distinctly fll bufldh~, whether existing or proposed, ~d. indicate fll set-back d~ensions from prope~y ~nes. Give street ~d block number or description accord~g to deed, and show street nines and er interior or comerlot. ~0~ ~ 3TATE OF NEW. yORK, 7o~.kq-y OF.../v.a. 4~.a-..% ....... S.S ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) :bore named. te is the ......................... - (C ) ........................... ontractor, agent, corporate officer, etc. ,f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the tork will be performed in the manner set forth in the application filed therewith. .worn to before me this ...... F ................. day of ............ LAURIE A. RUSSO No. 41-4502093 ........ Qualified in Queens CountY/~ ~ '~'~ ,:xtlires ~ 31~. 197. .... (Signature of applicant) RECEIVED TOWN OF SOUTNOLD, NEW YORK Southold Town Clerk APPEAL NO. L// 0 ~ ~/ DATE..~... .................. .~,.flq Z_ TO THE ZONING BOARD OF APPEA~L~'I'~)OW~N OF SOUTHOLD, N. Y. l, ~We) ~. ............................ : ................................................................................................................. Name of Appellant Street and Number ~ ~, C ..... ~.. .............. HEREBY APPEL TO Municipali~ ~ote THE ZONING BOARD OF APP~LS FROM THE DECISION OF THE BUILDING INSPE~OE ON APPElaTION FOR PERMIT NO ..................................... DATED ................ .~ .......................... WHEREBY THE BUILDING INSPECTOR DENIED TO ~.s.~S~.~._..X~.~..L~ ...... ~oc~~ ~ome o~ Applic*nt {or permit ................................................... '~;gtgi3;i~ ................ '~;~; ............. Street and Number ( ) PERMIT TO USE ~ Loc~,~o~ o~ ?u~ ~o~ ~..~...~.~....:~.,.[~{~.~......~.~....:.:~.~. ...... ' , Street /.amler /. Use Distr~C&j~qning ~p 2. PROVISION (S) OF THE ZONING ORDINANCE APP~LED (Indicate the Article Settle, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3.~PE OF APPEAL Appeal is made herewith for (please check appropriate box) (~ A VARIANCE to the ~ing Ordi~nce or Zoning Map ( ) A VARIANCE due to lack of access (State of N~ York T~n L~ Chap. 62 Co~. ~ Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (hos)(~-h~)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 J ) request for a variance and was made in Appea! No ................................. Dated ............................. t ........................................ REASON FOR APPEAL (), A Variance to Section 280A Subsection 3 (d) A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) REASON FOR APPEAL ContinUed I. STRICT APPLICATION OF THE ORDINANCE Would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vic~ of this property and in this use district because 3. The Variance' would observe the spirit of the Ordinance end WOULD NOT CHANGE THE CHARACTER OF THE DIS I HICT because '~TATE oF NEW ~o.K , COUN~ oF ~u~ ss S.orn ,o ,h,s .................... ~...7....~... ~o, Signature o, ...... ~.~.,~ ................... ~LIO, Orate ~, New Vo~ ~ln I~u ~ounty TOWN OF SOUTHOLD PROPERTY,-~.REC>ORD, · . CARD ,. ,'/*/-,~. ~, OWNER STREET ~'~",~r'~ VILLAGE ~ J DIST. SUB. LOT ..... FOYER OW~R ' N E I' ' ACR. o S W ~PE OF BUILDING RES. /,J :/, ~S.~ ~ ~ Vk. FARM COMM. CB. MICS. Mkt, Value ~ND ) IMP. TOTAL DATE R~RKS Tillable FRONTAGE ON WATER ~/ ~ ~, o ~ = ~ ~ ~ House Pl~t BULKH~D Totol .... COLOR TRIM M. Bldg. Extension Extension Extension Porch 'Po~C~bc j~ Patio Oo Bo Total {~z/ . Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Bath Floors Interior Ffmsh Heat Rooms 1st Floor Rooms 2nd Floor Driveway ~tt~ Dinette Ko LR. DR. BR. FIN. B .MAP _..C~. PRC)PERT'Y SLtt~.~.EYED ¢'0~ - .. Page 3 - Appl. No. Matter of CHARLENE EDWARDS & E. POCHTP~AGER Decision Rendered November 9, 1992 (d) the difficulties are uniquely related to the property, its existing nonconformities, and its topography, the difficulties claimed are not personal to the landowner; and (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) there is no alternative for appellant to pursue unless the appellant requested an in-ground patio through a permit process with the Town Trustees, which is not more feasible under the circumstances; (g) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a variance for the proposed addition to existing dwelling as applied in the Matter of CHARLENE EDWARDS and EDWARD POCHTRAGER under Appl. No. 4099, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 385+- sq. ft. deck addition (as constructed without a permit) not be modified, enlarged, or otherwise altered, enclosed or roofed; 2. That the use of the deck extension shall remain open, unenclosed and unroofed at all times, as exists; 3. That there be no physical disturbance to or close to the bluff area. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa and Wilton. lk GERARD P. GOEHRINGER. j CHAItlMAN COUNTY OF SUFFOL~ ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING Town of Southold Zoning Board of Appeals November 23, 1992 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) Edwards, Charlene Independent Group Home Living Program Inc. Bitsakis, George, & others (IGHLP) 4099 4134 4136 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Pres ent: PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD November 9, 1992 (7:30 p.m. HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Jr. JAMES DINIZIO, Jr. ROBERT A. VILLA RICHARD C. WILTON Hearing) HARVEY A. ARNOFF, TOWN ATTORNEY LINDA KOWALSKI, Secretary-Clerk to Board APPLICATION NO. 4099 - Application of CHARLENE EDWARDS for A Variance to the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck extension between existing deck and stairs along the bluff of the Long Island Sound. Location of Property: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel No. 1000-68-3-8.2. The size of this lot has a total area conforming to the requirements for this R-40 Zone District. 7:32 p.m. (The Chairman opened the hearing and read the LegalNotice and application for the record.) THE CHAIRMAN: I have a copy of a survey of 1978 giving the approximate placement of the existing dwelling and the existing garage. Then we have a penned area of the existing deck and its platform leading down to the Sound beach, and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is like to be heard? Miss Edwards? Appearance: Charlene Edwards, MISS EDWARDS: THE CHAIRMAN: there somebody who would Applicant Pro Se and Unidentified Friend I don't know what I am supposed to do. We have had at least one other application with you during the period of the time that you have owned this house or had title to this property, isn't that correct? Page 2 11/9/92 MISS EDWARDS: My parents owned the property, and recently (balance of phrase inaudible because applican, t refused to use microphone when asked). THE CHAIRMAN: I believe it was for the deck or some extension in that case. The deck, as it exists now, is basically the application that is before us. It is there, it is in, it has been there for a little while and that is it. The purpose of it is what? MISS EDWARDS: There was an existing deck and then there was a space before you got to the stairs that went down the bluff, and my friends and I just built an extension of the deck, not knowing that we had to do this stuff, you know, and it was mainly because my mom is sick and in a wheel-chair, so that she could get to the water. THE CHAIRMA/~: MISS EDWARDS: in and in use. THE CHAIRMAN: And the steps were always in? The steps were in, and now the deck is I remember the property when the prior owner owned it. Is there any anticipation of enclosing the deck or putting any roof over it, any portion of it at this time? MISS EDWARDS: No. THE CHAIRMAN: I don~t have any particular further questions. I guess we will ask the audience first. Is there anybody else who would like to speak in favor of this application? (There was no response.) the ape Page 3 - 11/9/92 CHAIRMAN: Anybody who would like to speak against (There no response.) THE Any questions? Bob? Jim? MEMBERS OF No. THE CHAIRMAN: motion closing the hearing and no further comments, I make a rving decision until later. Thank you for coming in and we hope t~have a decision for you shortly. ~ Page 4 - 11/9/92 APPLICATION NO. LIVING of Disapp under Article for the placement limitation (proposed 52550 Main Road; 1000-61-3-1. 7:38 p.m. LegalNotice 4134 - Application of INDEPENDENT GROUP HOME INC. (IGHLP)appealing the June 30, 1992 Notice %ssued by the building inspector, for relief [, Section 100-231(B) of the Zoning Ordinance fencing at more than the 6-1/2 ft. height ~ight: 8 ft.). Location of Property: NY; County Tax Map Parcel No. ( The Chairman and application THE CHAIRMAN: I have house is the former Dr. Campbell and Oaklawn Avenue. The fence is a survey --meaning penned-in in refe] the hearing and read the the record.) Excuse me, that is in favor. letter of objection. / This It is on the Main Road fence shown on the its placement-- They are requesting an eight-foot-fence where~heZoning Ordinance only requires a six-foot-six fence and leaves~ ~o other relief but to come to this Board; and I have a lounty Tax Map, a copy of the Suffolk County Tax Map indicating and surrounding parcels in the area. Is there somebody would like to be heard? MR. WALTER STOCKEN: When we added onto the back the house, it is a raised deck 2 and a half feet high. Our yard really overlooks our neighbor's side yard, which is his back yard basically; and, as you know, it is a group home, and ten or twelve people can be out on our deck; and if our neighbor wants to have a quiet dinner.out there, our guys are very nice, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jaraes DinizJo, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 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~ssion: XX Variance from the Zoning Code, Article XXIII , Section 100-239.4A __ Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section __ Special Permit Appeal No: 4099 Applicant: Charlene Edwards Location of Affected Land: 880 Salt Marsh Lane, Peconic, NY County Tax Map Item No.: 1000- 68-3-8.2 Within 500 feet of: __'Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport approval of Comments: Applicant is requesting l~×l~l~x~xq.li~ deck extension between existing deck and stai'rs along the sound bluff. Copies of Town file and related documents enclosed for your review. Dated: Nov. 17, 1992 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOAP. D OFAPPEALS TOWN OFSOUTHOLD November 17, 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 Ms. Charlene Edwards 40-27 195th Street Flushing, NY 11358 Re: Appl. No. 4099 Pochtrager & Edwards (Deck Ext.) Dear Ms. Edwards: With reference to the above application, please find attached a copy of the Board's determination rendered on Monday, November 9, 1992. Please be sure to return to the Town Trustees and Building Department for processing of your permit applications. Copies of this determination have also been furnished to the Town Trustees and Building Department Offices for their update and permanent recordkeeping, as well as the Suffolk County Department of Planning which has jurisdiction for projects located within 500 feet of a state roadway. Please do not hesitate to call us if you have any questions. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Trustees Southold Town Building Department Suffolk County Department of Planning NOTICE IS IIEREBY GIVEN. Southold. the following matters will sOUTtlOLD TOWN BOARD OF APPEALS at the Southold Town ll,'dl, 53095 Main Road, Southold, New York 11971, on MONDAY, NOVEM- BEP- 9, 1992 commencing'at the times specified below: 1) 7:32 p.m. Appl. No. 4099 Application of CIlARLENE ED- WARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck ex- tension between existing deck and land Sound. Location of Property: 880 Salt Marsh Lane. Peconic, NY; ty Tax Map Parcel No. 1000-6g-o-o. · Thc size of this lot has a total area conforming to the requirements for rids I{-40 Zone District. 2) 7:35 p.m. Appl. No. 4098 -- Application of INDEPENDENT GROUP HOME LIVING pRO- Gl{AM, INC. {IGItLP) appealing the June 30, 1992 Notice of Disap- proval issued by thc building inspec- tor, for relief under Article XXIlI, ' Section 100-231 (B) of the Zoning Ordinance for the placement of fenc- ing at mom dian the 6-1/2 ft. height limitation {proposed height: 8 ft.}. Location of Property: 52550 Main Road, Southold, NY; County Tax Map Parcel No. 1000-61-3-1. 3) 7:38 p.m. Appl. No. 4137 Application of ,lANE C. PEACE; appealing the October 19 1992 Notice of Disapproval issued by the ~ilding inspector, for relief under Article IliA, the required 35 feet from thc front re er~y line along Rcydon Drive. ~Pation of Properly: 40 Grove Drive Southold, Reydon Shores, Section Il, Lot 23, 24 & 112 of 22; County Tax Map Parcel No. 1000-g0-4-17.1. 4) 7:42 p.m. Apl~1. No. 4098 -- Application of 'PONY AND MARIA KOSTOULAS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground LI Sound bluff. Location of prop- ! ~'. 1035 AquaViCW Avenue. Bast ! e y. Marion. NY', County Tax Map parc?l No. 1000-21-2-13. This property !s this 1~--40 Zone District. (llearing was previously postponed for Town mit iurisdinri°n)' 5) 7:50 p.m. Appl. No. 4136 -- sAKIS AND OTIIERS (Owners) [ Socti~ 100-239.4A for permission to within 100 feet of the LI. Sound bluff or bank. Location of property: 57065 Map Parcel No. 1000-044-2-1, This i property is nonco~fformm,g..as }o. total~ 6) 7:55 p.m, Appl. No. 4132-B -- Application of SPECTACLE RIDGE, INC. to include, as amend- 111, Section 100-3IA(I) (and/or Sec- floor use for family member of a pro- posed acCeSSory building, in conjunc- tion with the use of the p/oposed prin- cipal singl?family residcn~c~ iL~o~a~' c.t hog=. NY: Co n,y Conservation (A-C)" Zone District, acres, leaving 2:1: acres for one (1) of land area. 7) 8:00 p.m. Ref, File No. 4122-B. ticle XXII1, Section 100-239.4B for By Linda Kowalski STATE OF NEW YORK) ) SS: COUNTY OF SUIc='OLK) Cara Conklin of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published mt Mmttttuck, in the Town of Southold, County of Suffolk mhd State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for one weeks successively, commencing on the 29th dayof 0ct°berl992· Principal Clerk Sworn to before me this. 77~ ' day of 0c'Eober/'/19~ .- ;~ata~ ~ ublic, S~ato o, New York 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 MONDAY, specified I) 7:32 p.m. Appl. No. 4099 - Application of .CHARLINE EDWARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck extension bet- ween existing deck and stairs along the bluff of the Long Island Sound. Location of Pro- perty: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel No. 1000-68-3-8.2. The size of this lot has a total area conforming to the requirements for this R-40 Zone District. 2) 7:35 p.m. Appl. No. 4098 Application of INDEPEN- DENT GROUP HOME LIV- ING PROGRAM~ "INC. (IGHLP) appealing the June 30, 1992 Notice of Disapproval issued by the building inspector, for relief under Article XXIII, Section 100-231(B) of the Zon- ing Ordinance for the placement of fencing at more than the 6-1/2 ft. height limitation (pro- posed height: 8 ft.). Location of Property: 52550 Main Road, Southold, NY; County Tax Map Parcel No. 1000-61-3-1;- ,-, ~) "'~1 ~'L'~J'8 p'.'nL: AiSpl2 No. 4137 - ApPicat on of JANE C ! ,PF.~ACt~ appealing the October 19, 1992 Notice of Disapproval issued by the building inspector, for relief under Article II1A, Section 100-30A.3 for the place- ment of a raised concrete patio extension with awning at a set- back of less than the required 35 feet from the front property line along Reydon Drive. Location of Property: 40 Grove Drive at intersection with Reydon Drive, Southold, Reydon Shores, Sec- don H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 4) 7:42 p.m. Appl. No. 4098 - Application of TONY AND '~v'~'iA KO~'OL, LAS lot a ¥~.riance to the Zoning Or- dinance, Article XXIII, Section 100-239.4 for approval of deck extension {at or near ground level) and fence, as exists, near the L.L Sound bluff. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Pamel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. (Hearing was previously postponed for Town Trustees ac- tion on Coastal Zone Permit jurisdiction). 5) 7:50 p.m. AppL No. 4136 - Application for GEORGE BIT- SAKIS A N D"'""'~'~ Artici~ XXIII, Section 100-239.4A for permission to ' construct addition and reconstruct existing dwelling structure areas located within 100 feet of the El. Sound bluff or bank. Location of Property: 57065 C.R. 48, Greenport, NY; County Tax Map Parcel NO. 1000-044-2-1. This property is nonconforming as to total lot area in this R-40 Zone Districtl 6) 7:55 p.m. AppL No. 4132-B - Application of SPECTACLE RIDGE INC. to-include, as amended, a request for r61 ef under Article Ill, Section 100-3lA (1) (and/or Sel:tion 100-31C pertaining to accessory uses) to permit residential second-floor use for fam!ly member of a proposed accesory building, in conjunction with the use of the proposed prin- cipal single-family residence. Location of Property: 14990 Oregon Road, Cutchogue, NY; I County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-' Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of l lot line and before the Farmland I Development Rights on 17+- acres, eav rig 2+- acres for one (1) principal dwelling use per I two acres of land area. 7) 8:00 p.m. Ret'. File No. 4122-B. Application of ROBERT H. and KATHRYN B. DEXTER under Article XXIII, Sec'tioii i00-239.4B for a rehear- ing, or in the alternative, new Application for a deck exten- COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southoid, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..... .~fl..C. ................. weeks successively, commencing on tile .. ~ ............... Swor'n lo heJote me this .... ~'~ ............. d.~ ,,f ...... {~)C~P ./~¢~"~ ..... 19 ~'~-~'"~ Notary Public BARBARA'Ai SCHNEIDER' NOTARY PUBLIC, St?to o'{ Now York· No. 0]0C~46 Coronfissbn Expires ~/3~fl~ sion, as modified, plus second- story overhang, all to be located within 75 feet of the lower I bulkhead along Great Peconic Bay. Location of property: 8380 · Gretit Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. 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: October 26, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski 1×-10/29/92~ 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 SCOT/' 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 INSPECTORS Victor Lessard Principal Building Inspector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wieczorek OMinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD January 3, 1992 SCOTT L. HARRIS, Supervisor Southold Town Hall P:O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. & Mrs. Edward Pochtrager 40-29 195th Street Flushing, New York 11358 Re: Deck Addition @ 880 Salt Marsh Lane, Peconic, N.Y. Suff. Co. Tax Map ~1000-68-03~8.2 Dear Mr. & Mrs. Pochtrager: A deck extension has been added to an existing deck at above location without first obtaining a building permit. According to Article XXVIII Chap. 100-281 of the Code of the Town of Southold a building permit is required before any construction can be undertaken. In order to avoid possible legal action by the Town of Southold you must contact me IMMEDIATELY at the Southold Town Building Dept. the VRW:gar (encl.) (cert.) Thank you for your cooperation in resolving this matter. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Vincent R. Wieczorek Ordinance Inspector 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 SeptEmber 25, 1992 SCO'IT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mrs. Charlene Edwards 40-27 195 Street Flushing, NY 11358 Re: Variance Appl. No. 4099 - Deck Extension at Bluff Location: 880 Salt Marsh Lane, Peconic Dear Mrs. Edwards: This will confirm that Board Members are expected to conduct individual inspections (viewing of the deck extension under consideration) over the next week or two. Since your last communications, we were in contact with the 'Office of the Southold Town Trustees which, as noted in the Building Inspector's Notice of Disapproval, also has jurisdiction. The Trustees' Clerk, Jill Thorp, indicated that they do not have an application or request for waiver from you. Please contact their office at 765-1892 for further information concerning the Wetlands Ordinance as well as the newly enacted Coastal Zone Management Law. ~.~" ~ Also, please forward the Notice to Adjacent Property Owners ..j~ )Form to our office with the necessary postmarked Certified Mail ~&~'.~ r~eceipts to complete the variance file. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski cc: Town Trustees APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Janles 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 April 2, S.E.Q.R.A. TYPE II ACTION DECLARATION 1992 Appeal No. 4099 Project/Applicants: Charlene Edwards/Edward Pochtrager County Tax Map No. 1000- 68-3-p/o 8.2 Location of Project: 880 Salt Marsh Lane, Peconic, NY Relief Requested/Jurisdiction Before This Board in this Project: Deck addition - within 100' of sound bluff This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 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. 4099 APRIL 1. 1992 Transmitted is application for variance submitted by Charlene Edwards and Edward Pochtrager. Building Department Notice of Disapproval, Building Department application for building permit. ZBA questionnaire for filing with ZBA application. Short Environmental Assessment Form. and map of property. PROJECT I.D. NUMBER 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 1. APPLICANT /SPONSOR / I 2. PROJECT NAME 3. PROJECT LOCATION: E. IS PROPOSED ACTION: '[~ New "~ ExDarlslon [] Modlflcatlo./alteration 6. DESCRIBE PROJECT BRIEFLY: I?tlally acres Ultimately acres WILL PROPOE~DACD ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING !_AND USE RESTRICTIONS? 9. WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT? r-[ ParlUForest~Open space I--~ Other 10. DI:~EB ACTION INVOLVE A PERM T APPROVAl. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL. BTATE OR LOCAL)? NO If yes, list agency(si an~[ permiUao~rovals 11. DOES ANY ASPECT OF THE ACT~.;~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEET OF MY KNOWLEDGE J If the action is in the Coastal Area, and you are a state agency, complete tJie I Coastal AssesBment 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 s~ade by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~ I~NSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmehtal Assessment Form is necessary. (¢) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? __~es : O 2. Will there be a major change to any unique or unusual land form on the site? Yes 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact On groundwater quality? ~Yes ,/No 5. Will project significantly effect drainage flow on adjacent sites? · Yes ~No 6. Will project affect any threatened or endangered plant or animal species? Yes /NO 7. Will project result in a major adverse effect on air quality? __Yes ~No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas .- known to be important to the community? Yes ,,/NO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircemental area by a local agency? ___Yes ,.~No i0. 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? ' /No -, Yes 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? ___Yes 14. Will project affect the existing cor~munity by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes ~No period o_~r have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the /No project? Yes 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 ~or - sa~e or being shown to prospective buyers? { } Yes {~} No. (If Yes, p]~e a~h =op~ of "condd~nns,, of sale.) C. Are there.~y ~uposal~ tD uhange oz alter land contours? { } Yes. DJ 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted wit~ this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town ~ustee~ for i~s , 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? ~0 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~as which ex~t and are not shuwn cn the survey map that you ara sUbmitting? ~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? ~v0 If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~LO~6~A~ and proposed us~ ~Lg~_~ ~ ~g~ Authorized Signature uate 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] ',v ~TLAN~S [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by_L-I. N~. F~-1985]: -" ~'" ' ~' - ''''~ ~? ~I'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 low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs. salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) Ail 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, groundseL m~rshm~llow a~d ]~w (3) All ].~-~d immediately =djacent ~ a tidal we~tland as defined in Subsection A(2) and lying ~vithin seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (I)" ,, 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 sevenW-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z. 2s- ss tONG ISLAND SOUND £o R-80 R-80 R- A-C ~Jlmmm'~ BOARD OF APPFALS, TC)WN OF qOt]Tll©l E) In Ibc N14tlcr pi lhe Petition of TO: NOT1CE ?O ADJACT'::? YOU ARE HEREBY GIVEN NOTICE: 1. That il is the intention of Ih¢ undersigned to perition the Board nf Appeals of the Town of Sou ~ · ?~-. ,c ..... I F,r~,ntion) ISoecial Permit) (Other) [ciccie choice1 2. Th~: the p~.crty which is the subject of the Petition is located adjacent Io your propert9 and is cribcd as follows: ~ ~A~ ~) b~ I ~ ~J~C 3. Th%~.h_~e property which is the subiect of such Petition is located in the following; zonin~ district 4 That b~' such Petition, ~he undersisned will request ~he followln~ relief: $. Thai Ihe provisions of the Southold Town Zoning Code appllcabl~to the relief sought by the un, 6. That wilhin five da%~ from ~he daze hereof, a wriuen Petition requesdn~ thc relief speEified abov be filed in the 5outhold Town Clerk's Office at blain Road. Sou~hold. New York and you may then and ~h: ez~mme me same durin8 regular office hours. (5Z6) 765:L809. 7. That before the relief sought may be granted, a public hearin~ must be held on the matter by thc Board of Appeals; that a notice of such hearin3 must be published at least five days prior to the date or' suc; hearing in Ihe Suffolk Times and in the Long Island Travcler-,;~attituck Watchman, newspapers published ir Town of Southold and desi[nated for the publication of such notices; that you or your representative h;tvc ri~,ht to .~ppcar and be heard at such hearing. [Copy of sketch or Plan shn,,.,in,~ n,-,, .... ~ Mr. and Mrs. Michelis 4201 235 St. Douglaston, NY 11363 Elaine Axien ~555 Young.s Avenue Southold, NY 11871 816 460 206 .~'j~,. Certified Mail Receipt No Insurance Coverage Provided DO not use for International Mail (See Reverse) PO. State & ZiP Code TOTAL Postage STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ld!Oool5 I!el/~ po!i!poC) 2.02 09h 9~9 d Charlene Edwards ,residingat. 40=27 195th St.~ Flushqnq NY 11358 ,hein§dulysworn, deposes and says that on the 27th day of March ,19 9,2 , deponent mailed a true copy of the Notice set forth on thc re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that. :he addresses set opposite the names of said persons are thc addresses of said persons as shown on thc current assessment roll of :he Town of Sou~hold; that said Nodces were mailed at thc United Slates Post or- 'coat F1 rrqhJ nO'. NY (ccrtiflcd) (~i~ mail. - Sworn t.o before me this day of November ,19 92 Notary Public ; that' said Noti!:es were mailed to each of said persons by ARLENE ED ARDS (This side does not have to be Property owners.) completed on form transmitted to adjoining BOARD OF .\PPFALS TO\VN F~F RC)tJTtlC)I.D In theMattcr n, :he pemion of : to the BoArd of Appeals nf the Tnwn nf c~nuthnld TO: NOTICE ADJ~CC'.I? PROPERT? O~,'~l E R YOU ARE HEREBY GIVEN NOTICE: I. That it is the intention of Ihe undersigned to petition the Board of Appeals of the Town of Sou ...'~-.. · -'?~-.,c__.;,~ ~.,r,-ntioni(Special Permit) (Other) [circle choice] 2. That the pr~93crty which is the subiect of the Petition is located adjacent to your propert~ and is cribed as follows: 3. Tha~:h~e property which is the subject of such Petition is located in the followin~ zoning district 4 Th~l h~' such Peli~i,n. ~h~ undersigned will reques~ thc following relief: $. Thai the provisions of the Southoid Town Zoning Code applicabl~..to the relief sought by the un. , gned are ~ectio~80 6. That within five da~s from the da~e hereof, a written Pemion requesting thc relief speEified abov be filed in ~he Southoid Town Clerk's Office at blain Road. Southold, New York and you may then and ~h~ exam~ne the same durin~ regular office hours. (515) 765-2a09. 7. That before the relief sought may be granted, a public hearing must be held on the matter by thc Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of suc! hearing in Ihe Suffolk Times and in the Long Island Traveler-,~,lattituck Watchman,. newspapers published ir Town of Southold and designated for the publication of such notices; that you or your representative have right to appear and be heard at such hearing. [Copy of sketch or plan showing pro~pos~l to be attached for convenie ADDRESS Mr. and Mrs. Michelis 4201 235 St. Douglaston, NY 11363 Elaine Axien 2555 Youngs Avenue .Sou[hold, NY 11871 816 460 206 ~,j~,. Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail (See Reverse) STATE OF NEW YORK } COUNTY OF SUFFOLK) )d!aoel:I I!eiN pau!peo LD2 09h 9q]~ d Charlene Edwards ,residingat 40=27 195th St.~ Flush~nq NY 11358 ,h¢ingdulysworn, deposes and says that on the 27th da%, of March ,19 9,2 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed [o each of [he above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addrcsse~ of said persons as shown on thc current assessment roil of the Town of Sou[hold; that said Notices were mailed at thc United States Post Of- floc at Fl"~h~ng' NY - ; that said Notices were mailed to each of said persons by (certified) ( r'Ve ~ ?; t~ F, eY~ CHARLENE EDWARDS Sworn to before me this day of November ,19 92 Notary Public (This side does not have to be completed on property owners.) form transmitted to adjoining Date Documents Accepted for Filing: Apl. Fee Required: $ /O-~.~ Ap l. No. 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 ~Y / / / / $/~ ~/~= ~u Iqv 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. / / / / / / BLDG. DEPL TOWN OF,,SoLrrHOLD Examined .--~./,D-" FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N,Y. 11971 TEL.: 765-1802 Approved ............. , 19... Permit No ............ Disapproved a/c . . . ............. 30,\KD OF HEALTtt ......... 3 SETS OF PLANS .......... SURVEY ................... CIIECK .................... SEFTIC FO[tH .............. CALL ................... HAIL TO: (Building Inspector) .., 19 q.Z-. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets df 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 streets or,areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be cbmmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy ~hail have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws. ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary ir~spections. .... (Signatnre of applicant, or name, if a corporation) ........... i/~(aili~i ;fiJre's~ ;~ 'a~pli/C~ant) ~ ........ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. (as on the tjx roll or latest deed) If applicant is a corporation, si~,nature of duly authorized officer. (Name and title of:corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... Location of land on which proposed work will be ~lone .................. .ff~.~.J. ~.. ~ /~-O--F_~ t%/,, (.... }louse Number Street ............................................ Hamlet County Tax Map No. 1000 Section .............. Block .. ;. ~ Lot.. Subdivision )< ' Filed Map No. .~. ........... Lot >f. (Name) .......... State existing use and occupancy of premises and intendcd use and occupancy of proposed construction: Existing use and occupancy .............. . ...... b. Intended use and occupancy 3. Nature of work (check which app icable): New Budding .......... Addition ......... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work~ ...... (Description) 4. Es,matedCost ........................... Fee ............................ (to be paid on filing this application) 5. If dwelling, num bet o f dwelling units ............... Number of dwelling units on each floor ...... · If garage, number of cars .... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ....... i ............ Number of Stories . 8. D mensions of entire new construction: Front.·i,b.- ........... Rear .. iS.' .......... Depth .. !.O1 ........ ii Height .............. N,,um bet of Stories . ~ ..... 9. Sizeoflor Front /gt,a',~ Rear cJO,'~fi .............. ~." '.''',2;~, .................. · '; ..... ,'.:..j ............. - .................. oeptl~ ."/! ~ .................. 10. Date of Purchase bee.¢. , ~%~ ~'~ NameoCF~--~o~,q ..... t~ )(XI~'¢J 11. Zone or use district j,n u., ~ic-h r,r~,,~;.~.~ hr. ~;~--,~,-~4 ' ' 12. Does proposed construction violate any zoning law, ordinance or regulation: ............................... 13. Will lot be regraded . ~.O. ~'; ..... , ................ Will excess fill be removed from premises;_ .-, Yes. N~.~' 14. ~%ee o,f ?w.ne~r of premise(CA~7.~.frO~.~..~.~.. ',,--' Address .4. o.,3.3.... ~.5 ~.T .... Phone No(~"~) 3'~Tt' Y~ Z oI Arcnkect L.~ ( 'r'~-A6~e~'C a~a .... 0~5 ~ ~4 H ~ I ~ ,~ -, ' ............ Name of Contractor ..... ..................... Address ............... /... Phone No ................ i5. Is this property within 300 feet of a tidal wetland? *Yes...~f'.... No ......... " *If yes, Southold Town Trustees Permit may be required. .-. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicaZe whether interior or comerlot, t,[O'ff -'B5 ,56~t~ >o Y TATE OF NEW. yORK, 'OUNq'y Or...tv.a-.4~.a...t+ ....... S.S ................................................ being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) ~ove named. is the ......................................... : ................. ~ .......... . ............. (Contractor, agent, corporate officer, etc.) ..... said owner or owners, and is duly authorized to perform or liave performed the said work and to make and file this ~plicafion; that all statements contained in this application are true to the best of his knowledge and belief; and that the ~rk will be performed in the manner set forth in the application filed therewith. yom to before me this County ~OTARY PUBLIC, State of New York No. 41-4502093 ...... · · . .................... "~ualified in Qu~ns CountY~ ~, "" r-xmres ~ 31~. 10,.7.I.-. (Signature of applicant) · TOWN CLERK TOWN OF, SOUTHOLD , 4 3 0 4 31 Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 Date Y~/I 19 ~-~ Cash ~ Check ~ /Z~ By f / ~ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hail Southold, N.Y. Certificate Of Occupancy No.. z15065 Date ................................ 19 86 ................ Nov. 3 , . . . THIS CERTIFIES that the building ....A.l.t..e.r..a.n...a.c.c.e..s.s.o.r.¥..b.u.i. 1..d.i.n.g.: ........... Location of Property 800 Saltmarsh Lane Peconic County Tax Map No. 1000 Section .... .0.6.8 ..... Block 3 .Lot p/o 8 Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore f'ded in this office dated 85 Aug. 16 19... pursuant to which Building Permit No. 14267Z-' dated .S.e..p.t.... 1..1 .................. 19.8.5., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... Alter interior of an accessory building. The certificate isissued to Edward & Sharlotte Pochtrager of the aforesaid building. Suffolk County Department of Health Approval ..... .N./.A. ........................... UNDERWRITERS CERTIFICATE NO. N/A Rev. 1/81 Building Inspector . ,I£LD',INSi~ECTION !. :'OUNDATION ( ls t) ~OUNDATION ( 2nd ) ~OUGH FRAME & PLUMBING iA~ULATION PER N. Y. STATE ENERGY CODE FINAL COMi,EN IS ADDITIONAL COMMENTS: NEW, ,, Acldif;cr fo orLginel bldg. o I insidcwoll~ oo¢l dcrr~ I outside dr r r Iwindcw ' I - ' I ED.+CHAR E POCttTRAGEt-{ 8[ r SALT k'IARSFI LAN~7 PEC(NIC FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL EOUTHOLD, N.Y, 11971 TEL,: 7~5-1802 .\pproved ............ ~!.., 19~. Permit No ) t't 2* ¢"/ ~ Di:,approvcd a/c ..................................... !Bu' clin~ Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Btillding Inspector, with 3 ets 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 streets ~r areas, and giving a detailed description of layout of property ~nust be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit J~all be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole er in part for any purpose whatever until a Certificate of Occupancy .hall have been granted by the Buildiug Inspector. APPLICATION IS ttEREBY MADE to the Building Departlnent for the issuance of a Building Permit pursuant to the ludding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or {egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. l'he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to uhnit authorized inspectors on premises and in building for necessary inspections. ,4 -- · \'~\sX\\ '~ t_, --2... i~i'g~atur~fff'~l,l~ic'a~ij ;r'i~'~e, ifa corporation) / J-4 T /9on/.) ? (Mailing address of applicant) Slate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ................. P-/t .......................... Name of owner of prc,njses . .~.Z? .N'i/~ ./~...t-. :~ .,zflf~..~.~ ./..rD../. (.{z'.../. '.~.(./? '.~.,5.'7. 'fi'.-..~'"'~./.c7. ....................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. ,5--/{z ........ Plumber's License No. Electrician's License No. Other Trade's LiceJ~se No....4/.c'.'~'.~.'7. .......... ~l. Location of land on which proposed work will be done .................................................. 8>,:,o s,,, 55 :C ...... ..................... ltouse Number Street tlamlet S' ' ~ ~ Block '~ Lot...~ County Tax MapNo. 1000.cotton .}.l ................................................ Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State exist ~g use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ............... · ............. .................... , ..................... b. Intended use and occupancy ...................................... ; ..... ...,.,.. ,,v-.,,, ................ 3. Nature ofwerk (check ~vhich applicable): New Building .......... Addition .......... Alteration ........ Repair .............. Removal .............. Dmnolition .............. Other Work../~.,Q.D../..A~. ,.?.. .~.~ ~, I ~ ~ , (Description) 4. Estimated Cost ....... (.: ............................ Fee .................................... ~' (to be paid on filing this application) 5. If dxvclling, number of dwelling units ............... Nnmber of dwelling units on each fioor .............. If garage, number of cars ......... ~. ~. ~:~.'~.q ~ ............................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ........ 7. Dimensions of existing structures, if any: Front .... ~ ~ ~ ...... Rear ... &.~.( ..... '~;;;~ ~ ]~ ~ ~ ..... lteight . ./~ f ......... Nmnber of Stories .......... [ ........................................... Dimensions of same structure with alterations or additions: Front ...... '~.q/Y.¢C... Rear .... ~ ~.~ ..... Depth ...... ~ ~ ~ ~ ......... lteight ..... '~ (~ ¢7.~ ......... Number of Stories ..... ~ .............. 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............. 9. Size of lot: Front ...... /,~.4< .~.~... ~.. Rear ...................... Depth ..... ~.[.~:.Q.(.' ...... 10. Date of Purchase ~.~e~F,./)z .. ff ~ ....... Name of Former Owner .... ~ ~ ~ ~ ............. 11. Zone or use district in which premises are situated ................................................... 12. Does propo{ed construction violate any zoning law, ordinance or regulation: .............................. 13. Will lot be regraded ...... ~J ................... Will excess fill be removed from premises: Yes 14. Name of Owner of premises ...~Q~.ff.~.~ Address ................... Phone No .............. Name of Architect ........................... Address Phone No. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dflnensions fro property lines. Give street and block number or description according to deed, and show street names and indicate wheth ' interior or corner lot. blOT TO SCALE $. 51 °21 lOd'F., 413,OO PROPOSE TO ALTER THIS GARAGE INSIDE ONLY No4 306,15 / STATE OF NEW YOP, K~. COUNTY OF..,~.~'./~../~..tT(~.'. S.S / ................................................. being duly sworn, depose~ and (Name of individual signing contract) above named. says that he is the apphta (Contractor, agent, corporate officer, etc.) of ~ ~r owners, and is du iuthorized t{~ perform or have performed the said work and to make and file th a!. ~ all statements cont aed in this application are true to the best of his knowledge and belief; and that ti: wc ...;erfonned in thc manner set forth in the application filed therewith. Sworn to before me this lb day'of ~ , 19J~''' Notary Public,... ).~...c'~xe:lq~.....~'...~ . .~..°~:..7 ...... County FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z~3573 Date July q -, 198..5 THIS CERTIFIES that the building .... .~.a?.a.~..e..a.n.d...~.~.?..a.~.e..b..u~.l.d./..n.~... .......... Location of Property 800 Salt Marsh Lane Peconic County Tax Map No. 1000 Section .... .6.~. ..... Block ......... .3 .....Lot p/o 8 Subdivision .... x x x ........................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated April fl 9 ,19~.5.. pursuant to which Building Permit No. '13908Z dated ....I~.a?...3 ................... 1~.5.., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... Construction of garage and storage building. The certificate is issued to EDWARD & CHARLOTTE POCHTPdkGER ..................... ioYn'~;~~ ...................... of the aforesaid building. Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE NO .... Building Inspector Rev. 1/81 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 ...... 1 ...... .......................... se / (Building Inspector) TO' ,:'; ',.~? SOU?lC. "~ ReceJ_ved ........... ,19... APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Th.is application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, th~ Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy ' shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessa~dnspections. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plum!?er '? builder. ~C '/4//~5-~~ Name of owner of premises ~-/~ ) F/~/45'/]/J/j/4~ ~d~i/c/..cO ~c- /i~C/'/7/~ .'q&~/~ (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..... .,_.C. ?.7 ............... Plumber's License No ......................... ? Electrician's License No...*. ................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done .................................................. .. .......... ./?5? .c. ....................... ttouse Number Street Hamlet County Tax Map No. 1000 Section ~ d3 ~ ~ Block ~ Lot. ~.~. Subdivision ............. ; ................. : ..... Filed Map No ............... Lot ............... (Name) 2. State existing use and occup;ancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..././.~: '7'.°./..~/.C; .~...~. ~ .... (r.':' ,.r./.:(} p-~-~-....,,fi~...~..~..~. ?..CY.a~...~.. ..... ..... b. Intended use and occupancy ./... :.'-. ........... .- .......-.'. · .- .............. 3. Nature of wo~(check which applicable): New Building .......... A~di0on .......... Alteration . .'C~. .... ':. Repair .............. Removal .............. Demolition .... ~ ....... Other Work .............. ,/j -- ~ ~Y~O ~/~;~40 (Description) 4. Estimated Cost .... ./~...z~..~..o.o ......................... Fee. ~...~..d ....c,~_~.~...~4'.~-~... ~.4.~../~.~' " (to be paid on filing this application) 5. If dwelling, number o f dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars / ~ £ 7-o,e 44'- ~~- 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use 7. Dimensions of existing structures, if any: Front .... ./~..~. ...... Rear ... ~/.o.. ........ Depth' Height .... /.'.o.' ........Number of Stories ........ / ................ ~ .............................. Dimensions of same structure with alterations or additions: Front ...... .~ ......... Rear .. ~. ............ Depth ..... ~ ~. ............. Height ..... ~. ~..~. ............ Number of Stories ...................... 8. Dimensions of~n~tire new construction: Front ..... ~ ,4(.-.~ .....Rear .... ~?: ~. ....... Depth ...~..~ .~ ........ Height .../.%' ......... Number of Stories ......... ~. .............................................. 9. Size of lot: Front /.4.-./! ,.5.~,. ........ Rear ~.O, ~.q9 Depth 1 1. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction viola~ any zoning law, ordinance or regulation: ............................... 13. Will lot be regraded ....... ~, ...... ...... · ...;, ..... Will ex,~ess fill be. removed from premises: Yes (~' 14. Name of Owner of premises KOC/47-/¢,gE-~/,. Add .... ,~z<.~-Q~ J~-SF- ~n x~ ~/£ Name of Architect . .~'..'.~.'e.~'./.~'./q.4' .........'".~..Address/:'~./~.././,~.o-.' //.3'o"8' Phone No ~3J'- _7' .7 ~. ? 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. N..r. T ICi ALI or CARMICHAEL / /,. · ~; / ?' S 51°21'00"E 413 O0. , ~ z ,a .~ , / / ©7 -, ,-:---t- ,' / /' · - ',20 N, '6' - ~uvv ~ '7~ 36C / , , STATE OF NEW Y0gr, o o , ................................................. being duly sworn, deposes and says that he is the applicant (Name of individual signin~ contract) above named. He is the (Contractor, agent, corporate officer, etc.) of said owner or owners, ~d is duly authorized to perfom or have perfo~ed the said work and to m~e and file this application; that all statements contained ~ this application are true to the best of his knowledge and belief; and that the work will be perfo~ed in the m~ner set forth in the application filed therewith. Sworu to before me this ........... '.[~ ~~ ~dayof...... Nota~ Public ..... '/~ .............. u[~Eu ~ ¢~ V0[ . · ~. ~ County~x..~y~z~ .... ~:.~~~' .................. ~ ~ No 470787g, Sutlo~k Cuuntvv ~ ~ (Signature of applicant) le~m Expires Marcl~ 30, 19~.~ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z13933 Date October 15 19 85 deck addition. THIS CERTIFIES that the building ................................................ Location of Property 800 Salt Marsh Lane Peco.n. ic /t[~[ts'e ~o~ ....................................................... Street Hamlet County Tax Map No. 1000 Section ..... .6~ .....Block .......... ~. ....Lot .. p/o 8 Subdivision ........ .X. .............. ....... Filed Map No. X .Lot No. X conforms substantially to the Application for Building Permit heretofore f'ded in this office dated ....O.c.t.o..b.e?..9.. ........ 19 .8.5. pursuant to which Building Permit No. dated ....09.t. qb..e.r..9. .............. 19 .8.5., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy hr which this certificate is issued is ......... Deck addition. The certificate is issued to EDWARD & CHART,ENE POCHTRAGER (owner~ of the aforesaid building. Suffolk County Department of Health Approval .................... ?./.~. .................. UNDERWRITERS CERTIFICATE NO ............................ .N../..A .................. Building Inspector Rev. 1/81 FOB,M NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 14346 Z Permission is hereby granted to: ........... .............. ..... ~.~ ........ L~.r..:~L.~:~.. ................................ ,o ............. ..c...~.e~.~?...~.~ ........... .~.< ........ ~.,...~. ......................................................... ~t p~emises Iocoted ............................................................................................................................ Count~ Tax Map No. 1000 Section ~' Block 3 lot No. ~..& ~ pursuant to .application dated '/~/'~ 19..~ and approved by the Building Inspector. Building Inspector Rev. 6/30/80 3. Nature of work (check which applicable): New Building ..... ' .....Addition'P.~..c,.I.~... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ............... ~ ,./e,_O (Description) 4. Estimated Cost .. · ~. ¢.0:.;:? ........................ Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ................. ~ .... Height ...................... Number of Stories ...................... 8. Dimensions of entire new construction: Front ............... Rear . ~.,/~g/ .......... Depth ............... 1Ll~ight ...... Nlumh~r nf Rtnrioq 9. Size of lot: Front ...................... Rear ...................... Depth ............ ; ......... 10. Date of Purchase ............................. Name of Former Owner ............................. 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 ............................ Will excess fill be removed from premises: Yes No 14. Name of Owner of premises ' .Address ................... Phone No ................. Name of Architect ........................... Address ................... Phone No.-~t~'..3 .X.7.-. ?.'-/./.? Name 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, cou Y OF. ..... s.s ·..~.'-'.~..t-~..Ox.r'..~..'/~..O..~..~. ~.F..~. ~...e¢7 ........ - ......... being duly (Name of individual s~gmng contract) above named. sworn, deposes and says that he is the applicant He is the ................................................ ......................................... (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. Sworn to before m~ this ........ · '~' '~-~..-"~. ......... day of...~..etO.?¢..~. })..~. ..... 19 Notary Public . ~ ..... County , _ HOTAR¥ pUBLIC. Sl/I~ o! N~W Yorl{ .................... No. 52-~sz~m ,-~ t/ (Signature of applicant) Qualified in Suflolk ~ounty / Examined .... ./.~[~. ...... 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765-1802 Approved ..... /.0../.~.- .~..., 19 .~..t. Permit No./~ .~ Received ........... ,19... Disapproved a/c ..................................... (Building Inspector) -' APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tins application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relatiofisinp to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of tins appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing Cbde, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections~, _ (Signatti& of applican~ or name, if a corporation) ...(.e. .... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises .C~.. ~.~..~..~5..~....?c..~.~ ..~.~ ~2 .................... Ct(as on the tax roll or latest deed) u If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No .... . . .~.. J~ ............... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done .......................................... ' ........ .8..o.o., .s. ................................. ....................... Housi Num bet Street Hamlet County Tax Map No. 1000 Section .&. 8 ............... Block ...3 .............. Lot..~./P. · ~.. .......... Subdivision. )~ .................................. Filed Map NO. .,~ ........... Lot ............... (Name) 2. State existing use and occupancF-m~sa~emises and intended use and occupancy of proposed construction: al Existing use and occupancy . ~.~-. - ......................................... ~ .......... b. Intended use and occupancy .~. ~-~~ ............................. FIELD INSt'ECTION 3. Nature of work (check which applicable): New Building ..... ' ..... Addition"~.~..c-.Iq,... Alteration ........ ' Repair .............. Removal .............. Demolition .............. Other Work ............. 4. Estimated Cost . .~. 5~ ff ~,_ (Description) 2.K.q.or ...... 30, ~, ................ Fee .................................... " (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor .............. If garage, number of cars ...................................................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............. Height ............... Number of Stories ...................................................... Dimensions of same structure with alterations or additions: Front ................. Rear ................ Depth ................. ~ .... Height ...................... Number of Stories .................... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............. (lst) FOUNDATION FOUNDATION (2nd) COMMENTS ROUGH FRAME & PLUMBING J INSULATION PER N. STATE ENERGY CODE FINAL c,o. ' ue ADDITIONAL COMMENTS: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 BOARD OF APPEALS Fax (516) 765-1823 TOWN OF SOUTHOLD Telephone (516) 765-1800 Upon Application of IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 and Article IIIA, Section 100-239.4A for permission to locate proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road}, Southold, NY; County Tax Map Parcel No. 1000-68-3-10. WHEREAS, a public hearing was held on November i, 1990, and all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance under Article XXIII, Section 100-239.4A for permission to place a new dwelling structure (not to exceed 30 ft. by 60 ft. wide), including decks and overhangs, with a setback of approximately five feet from the highest contour of the property referred to as the "top of bluff" and as more particularly shown on the survey prepared by Peconic Surveyors, P.C. July 24, 1990. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 68, Block 3, Lot 10, has 94.19 ft. width at the proposed building line, and contains a total lot area of 42,930 sq. ft. 3. For the record it is noted that the property slopes considerably downward from the top of the bluff to "Lakeview Avenue" with variations in the contours from 45 feet to 26 feet. On the beach side and main land sides of the bluff, the property_ is heavily vegetated. Page 2 - Appl. No. 3968 Matter of IRENE MILLER Decision Rendered November 15, 1990 The dwelling structure is proposed 138+- feet from the N.Y.S.D.E.C. wetlands (75 ft.) setback line near "Lakeview Avenue," all of which are located just north of Autumn Lake. is also noted that construction has been restricted in areas closer toward Lakeview Avenue for sanitary and building construction as a result of the closeness of Autumn Lake. It 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. The dwelling on the adjoining easterly parcel is set back approximately five feet from its closest point to the "top" of the bluff, and the dwelling adjoining to the west is set back approximately 13 feet to the "top" of the bluff. Each dwelling is set back more than 150 feet from the tie line along mean highwater of the L.I. Sound. 6. It is the position of this Board that in considering this application: (a} the relief, as alternatively noted below, is not substantial and is the minimum necessary; (b) the grant Of alternative relief will not alter the essential character of the neighborhood; (c] the difficulties are uniquely related to the property and are not personal in nature; (d) the variance, as alternatively noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to DENY the relief as requested under Appeal No. 3968; and it was further RESOLVED, to GRANT alternative relief in the Matter of IRENE Page 3 - Appl. No. 3968 Matter of IRENE MILLER Decision Rendered November 15, 1990 MILLER for placement of' a new dwelling structure SUBJECT TO the following CONDITIONS: 1. That the entire building construction (including deck and overhangs) be set back not closer than 13 feet from the top of the bluff at its closest point; 2. That the dwelling construction comply with all other setback regulations, including side yards at a minimum of 20 and 15 feet, for total side yards at not less than 35 feet (as per 100-244B of the Zoning Code); 3. That prior to commencing construction activities and during all phases, hay baler be placed at 10 feet from the top of the bluff and 40 feet from the proposed house location to the south (road side), for a full length of at least 60 feet; (and there be no disturbance of land outside this construction area.) Vote of the Board: Ayes: Messrs. Goehringer, '~ and Doyen. (Member Sawicki and Member Grigonis were absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER,/~AIRMAN FORMER OWNER N E , ACR. I A Y~I ~'~ , S W TYPE OF BUILDING SEAS. VL. FARM COMM. RES. ~ I ~ LAND IMP. TOTAL DATE REMARKS FRONTAGE ON WATER ~ ~ ~cI.E TILLABLE FRONTAGE ON ROAD ) ~ i WOODLAND ' DEPTH ~ MEADOWLAND ' ~ ::. :~':: BULKHEAD HOUSE/LOT .~ .' TOTAL COLOR M. Bldg. Extension Extension TRIM - Foundation Basement Ext. Walls Extension Fire Place Patio Porch Deck 5-o Breezewa Garage 7-O Pool Dormer Driveway SLAB Bath Floors Interior Finish Heat Woodstove Attic Rooms 1st Floor Rooms 2nd Floor ?'A+ Dinette Kit. D.R. BR. Fin. B. TOWN OF SOUTHOLD PROPERTY RECORD CARD ~N~ STRE~ ~ J VlL~GE DIST. J COUN~T~PNO. LAND IMP. TOTAL DATE REMARKS: COLOR TRIM M. Bldg. Foundation Extension c ~J~ Basement Extension ~ n~s, ll~ n Patio Porch Deck Breezeway i Garage Ext. Walls Fire Place Dormer Driveway PC CB FULL CRAWL SLAB Bath Floors Interior Finish Heat Woodstove Attic Rooms 1st Floor Rooms 2nd Floor Dinette Kit. BR. Fin. B. RES. LAND N~ Fo rm ~Fi able ] Tilbble 3 Woodland Swampland Brushl~nd Ho~se Plot ' ·/ ./I,',, .'S ,D~,9~ /~),t' W- ~'z~,l~. ~ c o~. i,~. i c~. I"~'~. REMARKS NO~AL ' BELOW~' /~BOVE -- / . _ : . ~ : Acre Value Per Acre Value APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X/V 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 CuL,~,~ssion: X · Variance from the Zoning Code, Article XXIII , Section 100-239.A __ Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 4099 Applicant: CHARLENE EDWARDS Location of Affected Land: 880 Salt Marsh Lane, Peconic, NY County Tax Map Item No.: 1000- 68-3-8.2 Within 500 feet of: ~Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport Comments: Applicant is requesting permission.to extend deck between existing deck and stairs along the'bluff of the Long Island Sound. ~opies of Town file and related documents enclosed for your review. Dated: Nov. 10, 1992 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Upon Application of IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 and Article IIIA, Section 100-239.4A for permission to locate proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road}, Southold, NY; County Tax Map Parcel No. 1000-68-3-10. WHEREAS, a public hearing was held on November 1, 1990, and all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance under Article XXIII, Section 100-239.4A for permission to place a new dwelling structure (not to exceed 30 ft. by 60 ft. wide), including decks and overhangs, with a setback of approximately five feet from the highest contour of the property referred to as the "top of bluff" and as more particularly shown on the survey prepared by Peconic Surveyors, P.C. July 24, 1990. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 68, Block 3, Lot 10, has 94.19 ft. width at the proposed building line, and contains a total lot area of 42,930 sq. ft. 3. For the record it is noted that the property slopes considerably downward from the top of the bluff to "Lakeview Avenue" with variations in the contours from 45 feet to 26 feet. On the beach side and main land sides of the bluff, the property is heavily vegetated. Page 2 - Appl. No. 3968 Matter of IRENE MILLER Decision Rendered November 15, 1990 The dwelling structure is proposed 138+- feet from the N.Y.S.D.E.C. wetlands (75 ft.) setback line near "Lakeview Avenue," all of which are located just north of Autumn Lake. is also noted that construction has been restricted in areas closer toward Lakeview Avenue for sanitary and building construction as a result of the closeness of Autumn Lake. It 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. The dwelling on the adjoining easterly parcel is set back approximately five feet from its closest point to the "top" of the bluff, and the dwelling adjoining to the west is set back approximately 13 feet to the "top" of the bluff. Each dwelling is set back more than 150 feet from the tie line along mean highwater of the L.I. Sound. 6. It is the position of this Board that in considering this application: (a) the relief, as alternatively noted below, is not substantial and is the minimum necessary; (b) the gr~nt of alternative relief will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance, as alternatively noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to DENY the relief as requested under Appeal No. 3968; and it was further RESOLVED, to GRANT alternative relief in the Matter of IRENE Page 3 - Appl. No. 3968 Matter of IRENE MILLER Decision Rendered November 15, 1990 MILLER for placement of a new dwelling structure SUBJECT TO the following CONDITIONS: 1. That the entire building construction (including deck and overhangs) be set back not closer than 13 feet from the top of the bluff at its closest point; 2. That the dwelling construction comply with all other setback regulations, including side yards at a minimum of 20 and 15 feet, for total side yards at not less than 35 feet (as per 100-244B of the Zoning Code); 3. That prior to commencing construction activities and during all phases, hay bales be placed at 10 feet from the top of the bluff and 40 feet from the proposed house location to the south (road side), for a full length of at least 60 feet; (and there be no disturbance of land outside this construction area.) Vote of the Board: Ayes: Messrs. Goehringer, ~ and Doyen. (Member Sawicki and Member Grigonis were absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER,~IRMAN P 816 460 206 ,._Certified Mail Receipt No Insurance Coverage Provided Do not use lot International Mail ............ (See Reverse) PO, State & Z~P Code &Fees ~"~' ~' ~T /~/ APP~ BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS 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 Appl. No. 4099. Application of CHARLENE EDWARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for approval of deck extension between existing deck and stairs along the bluff of the Long Island Sound. Location of Property: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel No. 1000-68-3-8.2. The size of this lot has a total area conforming to the requirements for this R-40 Zone District. WHEREAS, a public hearing was held on November 9, 1992, at which time 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; 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 application for a Variance under Article XXIII, Section 100-239.4A for approval of a northerly open-deck addition from the existing bluff stairs to the existing rear deck of the dwelling structure. 2. Under consideration in this variance request is an extension of approximately 385 sq. ft. of actual new (open) deck area near the bluff stairs. A rough sketch and photographs have been submitted to show that area between the bluff stairs and the' dwelling structure under consideration. Also, board members have personally visited the site and have viewed this deck extension in the rear yard. 3. For the record it is noted that the following permits have been found of record concerning this property: a) Certificate of Occupancy No. Z13933 dated October 15, 1985 for a deck addition under Building Permit Page 2 - Appl. No. 4099 Matter of CHARLENE EDWARDS & E. POCHTRAGER Decision Rendered November 9, 1992 No. 14346Z; b) certificate of Occupancy No. Z13573 dated July 1, 1985 for construction of a garage and storage building under Building Permit No. 13908Z; ber 3, 14267Z. c) Certificate of Occupancy No. Z15065 dated Novem- 1986 for alteration of garage under Building Permit No. 4. The dwelling as exists is shown to be 26+- feet from the platform at the top of the bluff. The property slopes considerably downward from the top of the bluff with variations in contours (45 feet above MSL, and less). On the beach side of the bluff, the property is vegetated. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 5. It is also noted for the record that Article XXIV, Section 100-242A of the zoning code activates the need for a variance when the degree of nonconformance is enlarged or expanded. Although the present setback of the closest section of the house to the bluff line is shown to be 26+- feet, there is no waiver for expansions outside the footprint of the house and within 100 feet of the bluff. 6. Applicant has or is presently in the process of filing a complete application with the Southold Town Trustees requesting a review under the Coastal Zone Management Act (Ch. 37) and/or action under the Town Wetland Ordinance (Ch. 97) of the Southold Town Code. 7. It is the position of this Board that in considering this application: (a) the relief requested is substantial in relation to the requirements - however, this deck construction is landward of. an existing deck platform and stairs; (b) this project under consideration is minor in that it is a raised wooden deck which will not be disruptive or destructive to the ground areas; (c) the requested relief will not alter the essential character of the neighborhood since there is construction already existing with a similar or closer setbacks in the immediate area on adjoining properties; Page 3 - Appl. No. 4099 Matter of CHARLENE EDWARDS & E. POCHTRAGER Decision Rendered November 9, 1992 (d) the difficulties are uniquely related to the property, its existing nonconformities, and its topography, the difficulties claimed are not personal to the landowner; and (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) there is no alternative for appellant to pursue unless the appellant requested an in-ground patio through a permit process with the Town Trustees, which is not more feasible under the circumstances; (g) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a variance for the proposed addition to existing dwelling as applied in the Matter of CHARLENE EDWARDS and EDWARD POCHTRAGER under Appl. No. 4099, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 385+- sq. ft. deck addition (as constructed without a permit) not be modified, enlarged, or otherwise altered, enclosed or roofed; 2. That the use of the deck extension shall remain open, unenclosed and unroofed at all times, as exists; 3. That there be no physical disturbance to or close to the bluff area. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa and Wilton. lk GERARD P. GOEHRINGER~, CHAIRMAN