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HomeMy WebLinkAbout4055 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 4055: Application of ARTHUR R. TRUCKENBRODT. Variance to the Zoning Ordinance, Article III, Section 100-33, and Article XXIV, Section 100-242, for approval of an addition to existing dwelling with a reduced rear yard setback, and of an accessory shed located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private right-of-way known as Deidrick Lane, Orient, NY; County Tax Map Designation 1000-18-3-27. WHEREAS, a public hearing was held on September 26, 1991, at which time all those who desired to be heard were heard; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following Findings of Fact: 1. By this application, appellant is requesting approval of a 15' by 15' dwelling addition at the southwest corner of the existing dwelling structure, and for approval of a 12 ft. by 18 ft. accessory storage shed located in the side (southerly) yard area. 2. The setbacks for the addition as applied is for 17 feet from the westerly (rear) property line and 58 feet from the westerly (rear) property line. The setbacks for the accessory shed as applied is for 17 feet from the southerly (side) property line and 32 feet from the southerly property line. 3. Section 100-33 of the Code requires accessory buildings to be located in the "required rear yard." 4. Upon inspecting the area and viewing the characteristics of this parcel, it is noted that: Page 2- Appl. No. 4055 Matter of ARTHUR R. TRUCKENBRODT Decision Rendered September 26, 1991 (a) the dwelling as exists is nonconforming as to the rear yard setback; (b) it would not be possible to locate an accessory building for storage purposes in the required rear yard and at the same time meeting the required setbacks; (c) that the relief requested is minimal under the circumstances; (e) that it is understood that the use of the accessory shed will be consistent with the purpose and intent of accessory buildings, since it will be for storage use incidental and ancillary only to the main residence and will not be used for habitable, sleeping, business, or other uses now or in the future if expanded; uses other than for accessory storage are prohibited in accessory structures; (f) that the plight of the owner is not personal in nature and the difficulties claimed are uniquely related the land; (g) that the variance, as conditionally granted, will not alter the essential character of the immediate area; (h) that in considering all of the above, the interests of justice will be served by conditionally approving the requested variance, as noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, to GRANT the relief requested under Appl. No. 4055, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the shed not be expanded, enlarged, or otherwise changed structurally (except after formal application for consideration and approval by the Board of Appeals); 2. That the shed remain accessory and incidental to the main dwelling structure and not be enlarged or converted to habitable or sleeping quarters, business use or other use; 3. That the shed structure height not exceed 15 feet maximum (from ground to top of peak), as applied; 4. NO heat (as applied); 5. That there be no utilities, except that lighting Page 3 Appl. No. 4055 Matter of ARTHUR R. TRUCKENBRODT Decision Rendered September 26, 1991 will be permitted (as applied). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. lk GERARD P. GOEHRING~ER, C~}~RMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN C~K DATE /¢l~//~ f Town Clerk, Town of Southold 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 O~ SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF 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 $outhold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY SEPTEMBER 26 commencing at the times specified below: (1) 7:30 p.m. Appl. No. 4054 - WILLIAM A. HANDS, JR. Vari'ance to the Zoning Ordinance, Article X, Section 100-102 (and Article XXIV, Section 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard setback and with an increase of the degree of setback nonconformance. Zone District: General Business-B. Location of Property: 24375 Main Road, Orient, NY; County Tax Map District 1000, Section 18, Block 2, Lot 32. (2) 7:35 p.m. Appl. No. 4049. MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as Lot 177 of Gardiners Bay Estates, Section Three, is Page 2 - Legal Not~ Hearings for September 26, 1991 Southold Town Board of Appeals substandard in size, Location of Property: Map No. 1000-38-5-5. and is located in the R-40 Zone District. 170 Dogwood Lane, East Marion; County Tax (3) 7:38 p.m. Appl. No. 4053 - DOUGLAS MORRIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, NY; County Tax Map No. 1000-47-2-30. (4) 7:40 p.m. Appl. No. 4052 - JOHN AND EVELYN KEATING. Variance to the Zoning Ordinance, Article XXVIII, Section 100-281A(7) and Article XXIV, Section 100-244, for approval of lot which is nonconforming and has not been held in single and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure will be applied for in the future to locate a dwelling which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40. Zone District. 19995 Soundview Avenue, Southold, NY; 1000-51-4-6. Location of Property: County Tax Map Parcel No. 5) 7:45 p.m. Appl. No. 4051 - WILLIAM AND JOAN FISHLINGER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct decks and steps between rear of existing dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cutchogue, NY; County Tax Map No. 1000-98-1-11.1. (6) 7:48 p.m. Re: Appl. No. 3539. MICHAEL HERBERT. Application withdrawing Z.B.A. determination rendered September 11, 1986 concerning a Special Exception to the Zoning Ordinance involving the establishment of a Bed and Breakfast. Subsequent to the Bed and Breakfast, the applicant received Special Exception approval rendered March 29, 1990 for two apartments, other than the owner-occupied manager's quarters, with conditions. This application is made pursuant to Condition No. 1 of the March 29, 1990 Z.B.A. determination. The subject premises is located in the Hamlet-Business (HB) Zone District and is substandard in size. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map No. 1000-140-2-23. (7) 7:50 p.m. Appl. No. 4056 - CONSTANTINOS MARKOTSIS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4(B) for approval of screen-enclosed deck addition at less than the required 75 feet of the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone District. Location of Property: Corner of the south side of Main Bayview Road and the east ~ide of Williamsburg Drive (private road), Southold, NY; County Tax Map Parcel No. 1000-78-5-12. (8) 8:00 p.m. Appl. No. 4008 - ALEX HOMAYUNI and CHARLES KAPOTES. (Reconvened from March 22, 1991). Variances to the Zoning Ordinance, Article XXIV, Section 100-244B and Section 100-243A for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Property: Corner of Goldin Avenue and the south side of Soundview Avenue, Southold, NY; County Tax Map No. 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning). (9) 8:10 p.m. Appl. No. 4050 - RICHARD MULLEN, JR. Variance to the Zoning Ordinance, Article X, Section 100-101C, for approval of two concrete vehicle-display pads located in the northerly front yard area, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Condition No. 2 of the November 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined as one lot for purposes of zoning and planning for the existing use). (10) 8:15 p.m. Appl. No. 4055 - Variance to the Zoning Ordinance, Article III, Section 100-33, and Article XXIV, Section 100-242, for approval of an addition to existing dwelling with a reduced rear yard setback, and of an accessory shed located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private .righ~-of-way known as Deidrick Lane, Orient, NY; County Tax Map No. 1000-18-03-27. 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 wilt not start before the times designated. For more information, please call 765-1809. Dated: September 12, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO: Times-Review Delivered 9/ /91 L.I. Traveler-Watchman For Publication FORM NO, 3 · . · TOWN OF SOUTHO LD BUILDING DEPARTMENT ,T,O¥/N CLERK'S OFFICE · SOUTHOLD, N.Y. "' t.' NOTICE OF DISAPPROVAL Date .,..~..~./.'.-~. ................. , 19 . .~.~.. · .~,..,e.:...~...~'7.... ~ ?.d.(-.. E ' PL ASE TAKE NOTICE that your application dated ,, ~ ~ .... lq ~ County Tax Map No, 1000 Section ,, ,~ ....... Block .. ~.: ...... Lot .. ZZ ........ Subdivision ................. Filed Map No .............. Lot No .... ~e:ewith and disapproved on the f0llowMg gro~nds_~.. ~~, ~,., ~-~. ~...~.. ~ ;~...~...~ .... ...~.~~~.,~~~..~.~~...~.. ~.~ z-. -, ,,~ -~ .'z: ....... ............ ~~..-:~. ~m..~.. ~,~. .~~.~..~.. ~ ~ ~ ...... BID~. DEPT. TOWN OF SOUTHOLD Examined . . FORM ~0. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ,~OUTItQL.D., ~LY. 1..1.0.71- TEL.; 765.1002 Approved .. . 19 Permit No Disapproved ale ...................... BOARD OF HEALTH . .~...< .... 3 SETS OF PLA,iS .......... SURVEY ................. CI1ECK SEPTIC FOR,ti t: OT i FY: Ce ....... HAIL TO: (Building [~:pector) APPLICATION FOH BUILDING PEFIMIT INSTRUCTIONS a. Tlds application must be Completely filled in by typewriter or in. ink and submitted to the Building. h~p~t~r, wit~ sets of pl~% nrc-rat= plot plan to scale. Fo: according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stre: or areas, and otVmo a detailed description of layout of property must be draxvn on the diagram whir-his par: of this app. cation. ¢. The work covered by this application may not be commenced before issuance of Building Permit. "d. Upon approval of this application, the Building Inspector win issued a Building Permit to the appdcant. Such pe ,r:7. shall be kept on the premises available for inspection throu~_hout the Work. e. No building shall be occupied or used in whole or ~n part for any purpose ~vhatever until a Certific=t- of Occup:u:: sha'l have been granted by the Building Inspector. ' APP~LIC~A.TION IS HEREBY MADE to the Building Department for the issuance of a B~Iding . Buildin= Zon Ordinane Pc.,-=.it -.~uant to.t. -, . - e Of th.e Town of Southold, Suffolk County, New Yo~-t- ~1 ,~rh,-. ' , - - ~'-¢gutat:ons, for the construct' C h,,i)H;..~ ..4.~-.-_ ,. : . .,,, an ....... apphcable La,vs, Ordinances 'l'he applicant agrees to comply with all applicable laws, ordinances, buildin- code h usi ,- ~,,~. · :dmit autkonzed, inspectors on premL~es and in buiiding for necessary' in~ o · (S if a corfforanon) ;Mailin a&esso ap;;& ;) .... 7' ...... State W~ether ~ppllcant is owner, lessee, agent. ~chitect. engineer, general contractor, electrician, plumber or builde: as on the tax roll or latest deed) T~pptlc=nt i~ a corporation, signatUre of duly authorized officer. Builder" License No Plumber's License No. ~.~.(e Olher Trndc's Liccn:e No Location of land on which proposed,work will be do~e: . . .. ¢. I{ N ' St ' ' ' ...... ' ................ oust umber reel Hamlet - · - · - -. ................ d,v,s:on ·. Eilcd Map No. Stztc e" (Nmne) .............. Lot ............ x i ,nS t,~: and occupancy of premises and ;-tended t,~e and oecupan ' . . cy of proposed con~m,cdon: A. ~xist~ng use and occupancy.. · · ~. 'intended use and ~ccupancy.; .................. I{ .' . · 3. N:turc o£work (check which aPpliCablc): New Iluildiug Repair . ............. R~moval .......... Additicn ........... UIcrn{~on ~ .... Tcnni~ Cour~ .............. ~cmol~[io~ ... ''''  ........... S~i~fns Pool '~ ' ' ' Accessory Buildin~ ...... F ~'~ ' ~ ......... ~O.mo ~ P<~m~ --- ~nce ....... .~ .......... ~ .... ~g~.. ~ '~ .~,. ...... 5. If dwelling, number of dwc}14ng un,is .... ~ ...... Number ofdwu{{h~g unHs on c=ch ~oor. ~ ]fgarmge. numbcrofcnrs ... ~ ' 6. lfbu~muss corem · ' .............................. ' ..... ~ ...... . - crc{a~ om m~xcd oCcupnncy, smcc~f a{ · ' ...... . . 7. D{mcn~onsofcx{s{mgs~c{urcs ~f .... ~ [ M~candcx{cntofcach {y .~.~ ....... ,,=~ , · [[.[.. . .~.~. ......... = ~, ~. = . ' .......... NumbcrofS{oncs ..~ ...... ... D:p{h ....... .~. ~ ,, . dd~{~on~. Eton{ ... ~ ~ ........ ofcn{~rcncwcons~m{cHon m -~ iff> ..... MumbcrofS{omcs...~... Hd:ht ..... - intone ..~. /~. ~_,, / ~ ~ ~ ~-~.~ ........ 9. S{zc of]~- ~' .,4~U~bcr of S~omcs . / . ~ ......... Dcp{h .y~ ....... ..... intone ...... M.~' ~ ......... ~'~ ............. · ''' ~0. u:,=o~p~=~== ... ~J}~'~7" ~=~ ..... ~.~/-.~ ~ n~.~2"'9~i~'> ............ ~]- ZoncorUsed{s~rc{mwhcl,~._ 'Q ' ....... Mam~Of~o~crOwncr . ~4~ '=- ~f~?/~jf~? ~ ~'"'~ ~"~ .... ~ ~.c : ...... '~ .............. ,~. '=~'~ ~? =,.~,:w. ~=.~ o~ ~,~,o..' ~>""] ...... ~ ....... :-: .... .......... f~-.. X~d~= f~: .~ ~p& ..... mm~: No. ~:~ Nme of Archi~:c~ ..... ~' ~ ............... Address ... ~:orCo~=:,o~ --~]~AC .... :. .~,_. 11~1 ............ ~,o=~o ...... · - ...... ..... .................. .... mil yes ~ ~ ~oCated wzthzn ]tiff feet of a tidal wetland? 'm~ES .... ~ .... · Southold Town Trustees Permit may be required. PLOT DIAG~M Loc:re cl~ly ~d distbc:ly ~I buHdbgs, whether'existing or proposed, ~d. indica~c SI set-back dLm:n:~on~ :': ~rop~y Hnes. Give Street ~d block number or description aCCord~g ~o deed, :d show s~re:~ n~es and bdic:tc w: n~:~or or co~:r lot. · rt .... FATE OF NEW,YORKt OUNTY OF...,~-k~4~c:-p~k~n.... ......... ~..~..~.e..~....~? .~.~..~ ~ ~ a~ ~o~c named(Name of/ndividual signing contract) .... being duly sworn, deposes and says that he is the applic::. , ,corporatc officer, etc.) said OWncr or owncrs, and is duly auH~orized to perform or have performcd the said Work and ~o m~c and file ~1: Plica{ion: {hat all s{a{cmcnt= con{aincd in this npplication nrc {ruc 1o the bcx~ of his knowledge and bclicf: and lllz{ H: will be oerfom~ed in the m~ncr xc~ forH{ in Ibc npplicalion filed lbercwHb. 'om {b before me {l~i$ APPEAL FROM DECISION OF BUILDING INSPECTOR TOWN OF $OUTHOLD, NEw'YORK ........ ~-~-f/~ RECEIVED ~ .'~0 pi/l'J. APPEAL NO. /-7/ ~)~-~'" SEP ! 0 1991 DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF S(~l~J~%~Jl'~lerk l, :~) ..B.~b.~...~.'-...~.~.e..k..e.-~.b..~.°.~.~ ........... af ..2..4..q.5....~.~..~.~..e...~9._.~;.~2...£~.£~.C;i~k~. Rd. ) Name of Appellant Street and Number Orient New York I-IFRI~RY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... .M...a..r...c.h.....1.2..:.....1..9..9...1. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Arthur R. Truckenbrodt Name of Applicant for permit of 2405 Private Road ~7, Orient, New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PER~IT TO CONSTRUCT 2405 Private Road ~F7, Orient, R-80 1, LOCATION OF THE PROPERTY .................... ~.;~,~...2.~i~.l~,~.~..y....0~...6ij~.i~..~..~i~..~~ District 1000 Section 18 Block 3 Lot 27...Current 0wner Arthur R. Truckenbrodt Map No. Lot No. Prior Owner 2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ];;IT Section [00-33 and [00-242 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to mock of access (State of New York Town Law Chop, 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (h3~k(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reasonthat the addition to the dwelling will increase the present degree of non-conformity of the structure and the accessory tool shed must be sited in what is considered "front yard area under the Southold Town Code. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau~ t lo6r'plan of the existing dwelling mandates placement of the necessary addition on the southerly side of the structure where ~?)~3~'~J~ension of the rear building line comes within 17'+ of the rear lot line; a technical increase in the degree of non-conformity of a structure which already has a deck extending within 13'+ of the rear lot line. Additionally, strict application of the O~dinance would preclude the construction of any accessory building anywhere on the premises due to the placement of the main dwelling immediately adjacent to the rear lot line which, in effect, renders the entire remainder of the premises "front" yard area under the Southold To%rn Code. A literal application of the ordinance would prevent the maintenance of a much needed increase in living area of the dwelling house and would similarly prevent the maintenance of a needed tool shed at the only logical site on the subject premises. 2. The hardshipcreatedis UNIQUE and isnotshored by oll properties alike in the immediate vicinity of this property and in this use district because of the unusual placement of the main dwelling house immediately adjacent to the westerly boundary of the subject premises, i.e., immediately adjacent to the rear lot line. When constructed, the house could not be sited any further to the East due to the presence of a travelled driveway and several huge rocks on the easterly part of the premises. Unfortunately, the posi- tion of the dwelling house is fixed and the only remedy available is to seek variances so as to use the remainder of the premises. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the addition on the South side of the dwelling (appriximately 15' x 15') continues along the existing rear line of the dwelling and, as such, is not noticable as an addition. The proximity of this addition to the rear lot line is not as near (17'~ versus 13'~) as that of an existing deck and as such would have no effect on the character of the District. Similarly, the maintenance of an accessory tool shed in what is technically "front" yard are is totally in keeping with the unusual topography of the area and would not change the character of the District. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) Sworn to this ._~X~ day ~ September 19 91 TOWN OF~SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT I S / ' W TYPE OF BUILDING ,RES~ ~. d SEAg. VL. ~FARM CO~. CB. MICS. Mkt. Value ~:~:- Z P Tillobl~ FRONTAGE ON WATER W~la~ FRONTAGE ON ROAD Mea~ DEPTH H~ PI~ ' ~ BULKH~D To~l Extension Extension 2, ~ ~, ;k/'. ~ '7 ~, ~ Porch Br~zew~ Foundation Basement Ext. Walls Pire Place Type Roof Dormer Floors .Interior Finish Heat Garage Rooms 1st FlOOr Patio I Recreation Room Rooms 2nd FlOOr I Driveway Total FIN. B / Dinette ' ~"~ ,~ K. /--/~, IDR. DEPARTMENT OF' PLANNING COUNTY OF SUFFOLK PATRICK G, HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING October 23, 1991 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applicatlon(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 Pile Number(s) ~Trurris, Douglas ckenbrodt, Arthur Markotsis, Constantinos 4053 4055 4056 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, LI.. NEIN¥ORK 11788 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. RIoames Dilliziq, J~. oert A. villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN ~OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant Board the X to Article XIII of the Suffolk County Charter, the of Appeals of the Town of Southold, New York, hereby refers following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article III Section 100-33 XXIV' 100-242 Variance from Determination of SouthOld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 4055 Applicant: Location of Affected Land: County Tax Map Item No.: Within 500 feet of: W/S private 1000- 18-3-27 Arthur Truckenbrodt ROW Deidrick Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Lane, Orient Thruway State or Federally Owned Land State or Federal Park or or 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, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting P~~x~mx approval of addition r~,~ yard ~etbock and accessory shq~in side sard area. reduced Copies of Town file and related documents e~closed for your review. Dated: October 22, 1991 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 18, 1991 Edward J. Boyd V, Esq. 54655 Main Road P.O. Box 1468 Southold, NY 11971 Re: Appl. No. 4055 - Arthur R. Truckbrodt (Shed and Deck) Dear Mr. Boyd: Attached please find a copy of the determination rendered by the Board of Appeals concerning the above application. A copy of this decision has also been furnished for the Building Inspector's record and information. Please be sure to return to their office for issuance of appropriate permits or other approvals in this project before commencing building or site activities. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairraan Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~TION OF THE BOARD OF APPEALS Appeal No. 4014: Application of JESSICA BA~NARD. Variance to the Zoning Ordinance, Article III, Section 100-33 for permission to locate accessory (garage) building in an area other than the required rear yard. Location of Property: 4240 Paradise Point Road, Southold, NY; County Tax Map Designation 1000-81-03-007. WHEREAS, a public hearing was held on April 30, 1991, at which time all those who desired to be heard were heard, and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. The premises in question is referred to County Tax Map ID No. 1000-81-3-7 and appears to be in common ownership with the adjoining land identified as 1000-81-3-8. The entire premises, as a whole, consists of an area of approximately two acres and directly fronts along Robinson Road to the north. 2. The subject premises is presently improved with a one-story, single-family dwelling structure, built before 1957 and situated approximately 24 feet from a bulkhead near the high water mark of Little Peconic Bay and more than 130 feet from its closest point to Robinson Road. A major portion of the parcel is technically "front yard" area as defined under Section 100-13 of the zoning code. Page 2 - Appl. No. 4014 Matter of JESSICA BARNARD Decision Rendered April 30, 1991 3. Section 100-33 of the Code requires accessory buildings and structures to be located in the "required rear yard, subject to the following requirements: A. Such buildings shall not exceed 18 feet in height; B. Setbacks. (4) On lots containing in excess of 79,999 sq. ft., such buildings shall setback shall not be less than 20 feet from any lot line .... " 4. In considering this application, the Board finds: (a) that there is no alternative for appellant to pursue other than variance due to the physicial layout of the principal dwelling and the uniqueness of the land. (b) that the relief requested is minimal under the circumstances; (c) that the hardship is not self-created; (d) that the plight of the owner is not due to personal problems and the difficulties claimed are due to the uniqueness of the land; (e) that the variance, as conditionally granted, will not alter the essential character of the immediate area; (f) that in considering all of the above, the interests of justice will be served by conditionally approving the requested variance, as noted below. Accordingly, on motion by Mr.Villa, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the Matter of the Application of JESSICA W. BARNARD for an accessory 24' by 36' garage structure in the front yard area as shown on the sketch submitted with this application and SUBJECT TO THE FOLLOWING Page 3 - Appl. No. 4014 Matter of JESSICA BARNARD Decision Rendered April 30, 1991 CONDITIONS: s That the accessory structure remain as an accessory torage building; That the garage structure height not exceed 18 feet maximum; 3. That there be no plumbing facilities; u 4. That there be no utilities, except for electrical tilities. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Dinizio and Villa. (Member Doyen of Fishers Island was absent due to illness.) This resolution was duly adopted lk GERARD P. GOEHRINGER, CHAIRMAN A, ESI~OTT $ 5WAKI.GOI,.I ~2.54 0 .5,4 17 E, DETAIL .SCALF_.-30',I" O · I I~DI-4 PI ,PF_. -1 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 SCOTF L. HARRIS Supervisor TYPE II ACTION DECLARATION Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 12, 199l Appeal No. 4055 Project/Applicants: County Tax Map No. Location of Project: Arthur Truckenbrodt 1000- 18-327 2405 Pvt, Rd, #7 (Diedricks), Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Addition Rearyard setback Shed Frontyard area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short). Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc Page 18 -Appl. No. 4055 Arthur Truckenbrodt Hearing Transcript of September 26, 1991 Appl. No. 4055 - ARTHUR TRUCK~NBRODT The Hearing opened at 8:33 p.m. The Chairman read the leg.al notice for the record and application before receiving testimony. CHAIRMAN: I have a copy of a survey-indicating this long traveled road leading almost to Long Island Sound and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. This survey was produced by Roderick VanTuylP.C., dated April 4, 1972. The amended date was June 3, 1991. The nature of the application is a shed placed, which appears to be in the side yard area, an addition to the rear of the dwelling which again could be construed to be a different place other than the rear, probably the side yard which is approximately 17' from, we will say, the west side of the property. Would you like to be heard noted counselor sir? ' MR. BOYD: Thank you, that's a very nice introduction. Good evening Mr. Chairman, members of the Board. You have in front of you the application in this particular case. I have no photographs, I ~ave no commercial interest to stand up for, except for the client who finds it necessary to increase not only the sides of his house, but also the storage area. Those of you who have been out there to see this particular location understand that ~opo~ra~hid~lly speaking, it is most unusual with a hugh ro~k across the way with the road cutting through the middle of the property, etc. I think he was pretty well forced into the locations that he has used there. Obviously, the additions are in place. That's something I can't speak to one way or another. He didn't come to me at that time, he came to me only after the additions were started and put up. CHAIRMAN: What is the approximate size of the deck. Do you know offhand? MR. BOYD: The deck. No, I don't. That goes back to prior time. CHAIRMAN: I meant the addition. I apologize. MR. BOYD: 15 by 15. .. CHAIRMAN: The approximate size of the shed. MR. BOYD: I think 18 by 12, if I'm not mistaken. ! think that is in the appl'ication Mr. Chairman. Page 19 - Appl. No.4055 Arthur Truckenbrodt Hearing Transcript of September 26, 1991 CHAIRMAN: I parked about two houses up and walked down when I was there. By the time I got down there it was raining and everything was mush. I'll beihonest with you. We won't go into that. MR. BOYD: There has been a problem there which I understand from my client has been rectified. There has been quite a number of loads of blend put into the road and compacted. The problem seemed to have arisen from a neighbor who had a swimming pool malfunction of some sort and in order to get to the leak in the pool the con- tractor drained the pool out and the draining went onto the road, and washed some gullies in what had been rather hard packed stuff. You came out there to do your inspection and it may have been the interim period when the first patch was in with soft material but since then the pool contractor has come back and has supplied several truckloads of good hard stuff which has compacted. This is what I hear on information. I have not been there but my client advised me of that early this week when he spoke to me on the telephone. CHAIRMAN: I asked Mr. Dinizio, who I believe was the last person there and he did concur with what your opinion 'is at this point. Is that correct? MEMBER DINIZIOi: Yes, it is in good shape. CHAIRMAN: We will see what develops with the hearing. We may call you back up and we thank you for coming in. Is there anybody else who would like to speak in favor of the application, anybody like to speak against the application? Can you tell me what facilities are in the shed. Is %~ere electricity in the shed? MR~ BOYD: I don't know. I've been out there only once. When I was there the door to the shed was open. I saw a lawnmower in there and the usual stuff you would find in a shed. There is a little house in front which is simply a cover over a pump. I didn't see anything in the shed that was of any unusual nature at all. Whether there is an electric light running to it or not I just can't tell you. ' CHAIRMAN: Any comment from anyone concerned? MEMBER VILLA: I was just concerned. You go on these and you find that the thing was already built. How do we get to this point all the time. When the applications come to this Board, many times a deck is built or the addition is built already. It doesn't make sense. Page 20 Appl. No. 4055 Arthur Truckenbrodt Hearing Transcript of September 26, 1991 CHAIRMAN: I really can't answer that. BOARD ASSISTANT L. KOWALSKI: ~'There is perty. a violation on the pro- CHAIRMAN: There is a violation on the property. The applicant is seeking to rectify that violation by the nature of this application, I assume. MEMBER: It seems you got the cart before the horse. BOARD ASSISTANT L. KOWALSKI: When was it built? CHAIRMAN: Do we have any idea when it was built. MR. BOYD: It was begun this Spring some time. I don't know exactly when the violation notice was put on it. I agree it is the cart before the horse. I apologize for it but I wasn't there. I had nothing to do with that aspect. Certainly if he came to me I would have suggested it be done the other way around. Again, if clients always follow things I told them, I would be out of business pretty soon. C~AIRMAN: Thank you again. Hearing no further comment, I make a motion closing the hearing and reserving decision until later. ALL IN FAVOR: AYE. Theresa Reilly (Prepared from tape recording) NOTICE IS HEREBY GIVEN, punuant to Sect/ce 267 of the Town Law and the Code of the Town of Southold, the followin8 matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY. at the times specified below: (1) 7:30 p.m. AppL No. 4054 - WILI.]~M A. H.~N'DS, JR. Variance to the Zoning Ordinance, Article X, Section 100-102 (and Article XXIV, SecUre 100-242A) for p~nission to c~nstmct eddhicn to the rear of e~st- ing princ/pel bulidh8 wi~ a reduced eas2riy side yard tetha~ and with An/ increase of the degree of setbuclt ertl Business-lJ. Loca6on of Prier- ay: 24375 Main Road, Orient, NY; AND/~fl~S. JOSEPH CARPENITO. Variance to the Zon/n8 Ordinance, At, cie ~. Scion 100-3'~ for Pennis- sion to c~stmct garage nddidon with insufficient front tud side yard set- Lot 1'/7 of Gardiners Bay Estates. Section Tt~e. is substandaid in size. ~md is lo~a2d in the R-40 Zone Dis- t~cc Loca~ of Property: 170 I~- wend Lane, East Marion; Co, may Tax Map No. 1000-38-5-5. (3) 7:38 p.m. AppL No. 4053 - DOUGLAS MORRIS. Variance to the Zoning OnEnance, Afl/cie X~OII, Section 100-239-4B for Pennlssion to construct deck sad step area within '/5 feet of the bulkhead along Pipes Cove. Thc subject premises is referred to as (cembined) Lot Num- bets 24 & 25 and is subetm~dard in size. Location of Property: 1665 ~flore Drive, Greenpor~ NY; Comity Tax Map No. 1000-47-2-30. (4) 7:40 p.m. Appl. No. 4052 - ~ JOHN AND EVELYN KEATINC~v Variance to the Zoning Ordinance, Afl/cia XXVEI, Section 100-2~1A(7) and Aflicle XXIV, Section 100-244, for approval of lot w~ch is nonce~J- forming and bas not been held in sin- 8lc and separate ownership since 1957, and upon which is proposed the removal of the existing dwelling. A new dwelling structure w/Il be ap- plied for in the future to locate a dwelling which shah not bc closer than 45 feet as resu/cted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Lccallon of Property: 19995 Scond- vinw Avenue, Southold, NY; County Tax Map Parcel No. 1000-5 I-4~. (5) 7:45 p.m. AppL No. 4051 - *,% WILLIAM AND JOAN FISH~-~'° LINGER. Variance to the Zonin8 Ordinance, Artlclc XXIH, Section 100-239.4B for permission to con- street decks and steps between Fear of cxlsdng dwelling and existing belk- head. Pan:el is conforming as to lot size in this R-40 Zone District. Lo- cation of Property: 1935 Pine Tree Road, CutchOlUe, NY; Connty Tax Map No, 1000-98-1-11.1. (6) 7:48 p.m. Re: AppL No. 3539. MICHAEL HERBERT. Application withdrawing Z.B.A. determination rendered September II, 1986 con- cemin8 a Special Exception to the Zoning Ordinance involving the the applicant received Special Exeep- .~ tion approval rendered March the owner-occupied manager's quar- ters, with co~iticm. This application of the March 29, 1990 Z.B.A.Ide- termination. The subject p~mises is located in the Hamlet-Business size. Location of Property: 795 Pike Map No. 1000-140-2-23. (7) 7:50 p.m. Appl. No. 4056 - Afl/cie XXIII, Sec~on 100-239.4(R) for approval of scmcn~elosed deck I add/don at less than the required 75 feet of the bulkhead. The subject south side of Main Bay~ew Road and the east side of Williamsburg Drive (l~ivme mod), Sc~hold, NY; Connty Tax Map Parcel No. 1000-78-5-12. (8) g:O0 p.m. AppL No. 4008 - ALEX HOMAYUNI md CHARLES 22, 1991). Variances to the Zenln$ Ordinance, Article XXIV, Section 100-244E and Section 100-243A for for aH structures/buildings, (2) nonconforming two-family building. (Nonconformities of the subject yards, and two-fmnily use in this R- ~y: Comer of Goldin Avenue and ~o~old, NY; Corem/Tax Map No, 135-2-22, 16, 17, 15, 19, (all as (9) 8:10 p.m. Appl. 4050 - RICHARD MULLEN, JR. Variance arcs, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether OF n~ Ccedition No. 2 of the November 18, 1987 derision intended to lxch~bit just pad,nS of vehicles in f~mt of ouuida disFtaY a~ Location d Pr~c~,: Comer of Co~e Place So~thold, NY: Co~nty 'Fax Map No. 10oo.62-3.20 an~ 19 (combined as idannin8 fa the ealst~g STATE OF NEW YORK) ~'~ - ~'~- )SS: COUNTY OF SUFFOLKt ~o~ary Pubrc, S~e of New York ~-, , / ', ~ / NO. 4982430 / /,, //// / ~lork of TNR gOFFOKK TIM[S, a Weekl~ Mew~pa~er, puhl~h~ at Mattitue~ In t~ Town of Southold, ~oun~ of gu~olk a~ S~te of ~ew Yot~ and t~t I~ ~ot[~e of ~lch the annexed Is a printed copy, has been regulad)r published in said Newspaper once each week for ~ weeks commencing on tho /q day of / Principal Clerk worn to before~no this ~.~ syof /.~ 10 ~15 p.m. AppL No. 4055 ARTHUR TRUCKI/~BRODT. Va~:- ance to the Zming Ordinance, I~ Secti~ 100-242, for approval of an ad~/don to ex~n8 dwe~ with am. duced rear yard sedMak, md of an accessory shed located in the side yard area. Parcel is substandard in size and is 1o.-*!.--4 in lira R~0 District. Location of P~erty: ale~g the wcmfly side of a I~/vatc tight-of- way known as l)eiddrit Lane, Orient. NY; County Tax Map No. 1000-18- 03-27. The Boaxd of ARa-als w/H at said lime and place hear any and all per- sons or rep~sentadves desh/n8 to be heard in the above matters. Written comments may also bu prior to the conduslm of the subject hearing. Each hearing will nm start befol~ thc t/roes designated. For more informat/~, please call 765-1809. Dated: Sellember 12, 1991. BY ORDER OF 'f~E SOUTHOLD TOWN BOARD OF APPEALS GI/RARD E GOEHRINGER CHAIRMAN By Lind~ Kowalskl NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, 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, NY 11971, on THURSDAYI SEffFEMBER 26, 1991, commencing at the times specified below: 7:30 p.m. AppL No. 4054- WILLIAM A. HANDS, JR., Variance to the Zoning Or- dinance, Article X, Section 100-102 (and Article XXIV, Sec- tion 100-242A) for permission to construct addition at the rear of existing principal building with a reduced easterly side yard set- back and with an increase of the degree of setback nonconfoi'- mance. Zone District: General Business-B. Location of Proper- ty: 24375 Main Road, Orient, NY; County Tax Map District 1000, Section 18, Block 2, Lot 32. ..,7:35 p.m. Appl. No. 4049- MR. AND MRS. JOSEPH CARPENITO. Variance to the Zoning Ordinance, Article IlL' Section 100-32 for permission construct garage addition with insufficient front and side yard setbacks. The subject parcel is known as Lot 177 of Oardiners Bay Estates, Section Three, is substandard in size, and i~ located in the R-40 Zone District. Location of Property: 170 Dogwood Lane, Eas( Marion; County Tax Map No. 1000-38-5-5. 7:38 p.m. Appl. No 4053- DOUGLAS MORRIS. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) LOt Numbers 24 & 25 and is substandard in size. Location of Property: 1665 Shore Drive, Greenport, NY; County Tax Map No. 1000-47-2-30. 7:40 p.m. Appl. No. 4052- JOHN AND EVELYN' KEATING. Variance to the Zon- ing Ordinance, Article XXVIII, Section 100-281A(7) and Article XXIV, Section 100-244, for ap- proval of lot which is noncon- forming and has not Been held in single and separag ownership since 1957, and upon which is proposed the removal of the ex- isting dwelling. A new dwelling structure will be applied for in the future to locate a dwelling Which shall not be closer than 45 feet as restricted by Appeal No. 3703 rendered June 2, 1988. Total lot area is substandard at 22,137 sq. ft. in this R-40 Zone District. Location of Property: 19995 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-51-4-6. 7:45 p.m. Appl. No. 4051- WILLIAM AND JOAN FISHLINGER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct decks and steps between rear of ex- isting dwelling and existing bulkhead. Parcel is conforming as to lot size in this R-40 Zone District. Location of Property: 1935 Pine Tree Road, Cut- chogue, NY; County Tax Map No. 1000-98-1-11.1. 7:48 p.m. Re: Appl. No. 3539? MICHAEL HERBERT. Ap- plication withdrawing Z.B.A determination rendered September I1~, 1986 concerning a Special Exception to the Zon- ing Ordinance involving the establishment of a Bed and Breakfast. Subsequent to the Bed and Breakfast, the appli- cant received Special Exception approval rendered March 29, 1990, for two apartments, other than the owner-occupied manager's quarters, with condi- tions. This application is made pursuant to Condition No. 1 of the March 29, 1990 Z.B.A. determination. The subject premises is located in the Hamlet-Business (HB) Zone District and is substandard in size. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map No. 1000-140-2-23. 7:50 p.m. Appl. No. 4056- CONSTANTINOS MARKOT- SIS. Variance to the Zoning Or- dinance, Article XXIII, Section 100-239.4(B) for approval of screen-enclosed deck addition at less than the required 75 feet of the bulkhead. The subject premises is substandard in size and is located in the R-40 Zone District. Location of Property: Corner of the south side of Main Bayview Road and the east side of Williamsburg Drive (private road), Southold, NY; County Tax Map Parcel No. 1000-78-5-12. 8:00 p.m. Appl. No. 4008- ALEX HOMAYUNI and CHARLES KAPOTES. (Reconveaed from March 22, 1991). Variances to the Zoning Ordinance, Article XXIV, Sec- tion 100-244B, and Sectior 100-243A, for permission to construct additions and ac- cessory building: (1) exceeding the maximum lot coverage re- qurirement for all struc- tures/buildings, (2) increasing or enlarging, and reconstructing the existing nonconforming two- family building. (Nonconfor- . mities of the subject premises , are: lot area, both front yards, and two-family use in this R-40 Zone District.) Location of Pro- perry: Comer of Goldin Avenue and south side of Soundview ' 8:10 p.m. Appl. No. 4050- RICHARD MULLEN JR. Variance to the Zoning Or- dinance, Article X, Section 100-10lC, for approval of two concrete vehicle-display pads located in the northerly front yard area, and/or clarification of ZBA Appl. Nos. 3675 and 3674 as to whether or not Con- dition No. 2 of the November 18, 1987 decision intended to prohibit just parking of vehicles in front of outside display area. Location of Property: Corner of Cottage Place and the south side of the Main Road, Southold, NY; County Tax Map No. 1000-62-3-20 and 19 (combined ' as one lot for purposes of zon- ing and planning for the existin~ use). /eSS:IS p.m. Appl. No.-4055- ARTHUR TRUCKENBRODT. Variance to the Zoning Or~ dinance, Article 111, Section 100-33, and Article XXIV, Sec- tion 100-242, for approval of an addition to existing dwelling with a reduced rear yard set: back, and of an accessory shed located in the side yard area. Parcel is substandard in size and is located in the R-80 Zone District. Location of Property: along the westerly side of a private right-of-way known as Deidrick Lane, Orient, NY; County Tax Map No. ~X~,_O~Th'18'03'27. e Board of Appeals wit~at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each bearing will not start before the times designated. For more informa- tion, please call 765-1809. Dated: September 12, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowaiski Avenue, Southold, NY; County Tax Map No. 1000-135-2-22, 16, 17, 18 19, (all as one tract of!~",~ land for purposes of zomna). 1.__.__ · COUNTY OF SUFF( SS: S'['A'I'E OF NEW YORK Palricia Wood,' being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk Counwi and Ihat tile notice of which the annexed is a printed copy, has heen .pLd)lishcd in smd I.onR Island Traveler-W;rlehman once each week for' , .................... /. .... weeks day of. .... ~., 19. ?./.. S,.vllrn h~ hcf,,re rne Ihis J~ ~ ·" .................... d;ly Of ...... ?../.. Notary Public BRRBARA A. SCHNEIDER NOTARY PUBLIC, st?re of New York No. 4806846 Quslilied in Sullolk Cotjntyi Commission Expires Copies of legal notice for the September 26, mailed to the following 9/13/91: Mr. William A. Hands, Jr. 295 Willow Terrace Orient, NY 11957 1991 hearings were Mr. Warren Sambach P.O. Box 1033 7675 Cox Lane Cutchogue, NY 11935 (picked up 9/13) Mr. Ernest Richter (Re: D. Morris) Richter Home Improvement Co. Box 112 515 Seventh Street Greenport, NY 11944 William D. Moore, Esq. P.O. Box 23 Clause Commons, Suite 3 Mattituck, NY 11952 (Re: J. Keating) Mr. David Cichanowicz Creative Environmental Design P.O. Box 160 Peconic, NY 11958 Mr. Michael Herbert 795 Pike Street Mattituck, NY 11952 Mr. James E. Fitzgerald, Jr. Proper-T Services P.O. Box 617 Cutchogue, NY 11935 (Re: Markotsis) Mr. Lawrence M. Feeley Ward Associates 1500 Lakeland Avenue Bohemia, NY 11716 (Re: Homayuni & Kapotes) Karen J. Hagen, Esq. Wickham, Wickham & Bressler, P.O. Box 1424 Mattituck, NY 11952 / p5dWard J. Boyd V, Esq. 4655 Main Road .O. Box 1468 Southold, NY 11971 (Re: P.C. Mullen Motors ) ( Re: Truckenbrodt ) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk September 10, 1991 Zoning Appeal Appl. No. 4055 - ARTHUR R. TRUCKENBRODT Transmitted herewith is Zoning Appeal Appl. No. 4055 - ARTHUR R. TRUCKENBRODT together with the Notice to Adjacent Property Owners, the Notice of Disapproval from the Building Department, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of the deed, and a Survey Map of the Property. Judith T. Terry Town Clerk INSPECTORS (516) 765-1802 VICTOR LESSARD, Principal CURTIS HORTON, Senior VINCENT R. WIECZOREK, Ordinance ROBERT FISHER, Assistant Fire Building Inspectors THOMAS FISHER GARY FISH OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD ORDER TO REMEDY VIOLATION 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 TO: ARTHUR R. TRUCKENBRODT 2405 DEIDRICK LANE ORIENT, NEW YORK 11957 Date: February 5, 1991 PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance - CHAPT. 100 Other Applicable Laws, Ordinances or Regulations at premises hereinafter described in that AN ADDITION TO THE DWELLING IS BEING BUILT WITHOUT A BUILDING PERMIT AND A S~D HAS BEEN CONSTRUuT~D IN A FRONT YARD WITHOUT A BUILDING PERMIT. In violation of ARTICLE XXVIII CHAP. 100-281 YOU ARE THEREFORE DIRECTED AND ORDERED TO comply with the law and remedy the conditions above mentioned IMMEDIATELY DO NOT CONTINUE The premises to which this ORDER TO REMEDY VIOLATION refers are situated at:2405 DEIDRICK LANE, ORIENT, COUNTY OF SUFFOLK NEW YORK, SUFFOLK COUNTY TAX MAP #1000-18-03-27. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. ORDINANCE INSPECTOR 5cTt~ l~OO- 765-1802 BUILDING DEPT. INSPECTION ] ~UNDAi'ION \ / DATE CARD SUB. LOT ~E OF BUILDING /..cZ-.. Lie --?-~ 7C" 7 5-L Put your address in the "RETURN TO" S · 1. [~ Show to whom derivered, date, and ~ddr 3. Article Addressed to: (Extra charge) 4. Article Number ARTitUR R. ~RUCKENBROD~ P 271 448 149 2405 DEIDRICK LANE Type of Service: ORIENT, NEW YORK ! ! 95 7 [] Registered [] Insured I Certified [] COD [] Express Mail ~] Retum Recei t ?' '=/-/ ~ur~s=''u'~ }/A~(~_J_ or agent end DATE '5. Sign see /1 __ 8. Addressee's Address (ONLYif DELIVERED. i 6. Signature --~A~6nt requested and fee paid) x -',.Oateo, Oe,,v.,v \- PS Form 38 1 1, Apr. 1989 *US.a.~O. 1~-.2.~1s DOMESTIC RETURN RECEIPT TO: 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 DR ARTHUR R. TRUCKENBRODT 2405 DEIDRICK LANE ORIENT, NEW YORK 11957 ebruary 5, 1991 PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance - CHAPT. 100 Other Applicable Laws, Ordinances or Regulations at premises hereinafter described in that AN ADDITION TO THE DWELLING IS BEING BUILT WITHOUT A BUILDING PERMIT AND A SHED HAS BEEN CONSTRUCTED IN A FRONT YARD WITHOUT A BUILDING PERMIT. In violation of ARTICLE XXVIII CHAP. 100-281 YOU ARE THEREFORE DIRECTED AND ORDE~RD TO comply with the and remedy the conditions above mentioned IMMRDIATELY DO NOT CONTINUE law The premises to which this ORDER TO REMRDY VIOLATION refers are situated at:2405 DEIDRICK LANE, ORIENT, COUNTY OF SUFFOLK NEW YORK, SUFFOLK COUNTY TAX MAP #1000-18-03-27. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. / ' ', , .. )D ~ . /f ., VINCENT R. WIECZORE~ · ~. ,14-16~ (2,'8~--Text 12 [PROJECT I.D. NUMBER Sl?.21 ~. SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only P~ART I--PROJECT INFORMATION (To be coml31eted by Al~131icant or Project si:)onsor) I. APPUCANT/SPONSOR I Z, PROJECT NAME Arthur R. Truckenbrodt House addition M,.~c~..gw Orient, Southold Town Co,,~ Suffolk 2405 Private Road ~7 IDled~' ....... -' SCTH 1000-018-3-27 ~ ~ ~oa~) West side of Private R6ad approximately 2500' North of Route 25 Orient~ NY 11957 & accessory shed 5. I$ PRO~-,t.,-,, ACTION: [~] New ~ Exoanslon [] Modification/alteration 6.-DESCRIEE PROJECT BRIEFLY: Addition of new room (approximately 15' x 15') dwelling and construction of tool she~ (approximately 12' & 18') southerly yard area of p~emises. ?. AMOUNT OF LAND AFFECTED: Initlally._.__.___._._~_C~ 0 o 5 . acres Ultimately ~ · 0 , 5 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTiO--'--NS? E]Yes f~]No tfNo, descrit~et~riefly Project requires variance for rear yard setback relative to dwelling addition and variance for alntenance of accessory shed in "front" yard of p,remises. g. WHAT IS PRESENT LAND USE IN VICINitY OF PROJECT? , · [] Residential [] Industrial ?.[] Commercial [] Agricultu,e [] Par~Fores.Ope. soace [] Ot~ef to south side of existing in 10. DOES ACTION INVOLVE A PERMIT APPROVAl., Off FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. ~I'ATE OR LOCAL)? r~ Yes [] No If yes, list agency(st and permit/approvals Variance required from Town of Southold Board of Zoning Appeals II. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? E] Yes [] No (! ye~, Iisi agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? [] Yes [] No J CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF M~"KKNOWLEDGE ApplicanilsDonsor name: , ,?%Arthur R~ruckenbrodt 9/5/91 OVER I (Co~£~ued o~ ~eve~se LL~he__N'Y'S' Environmental Quality Review Act r tire before any action is take~ ental review wall be ~de by this board SHORT ENVIRONMENTAL ASSESSMENT FORM ~NSTROCTIONS: (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. ~t is not expected that additional studies, research or other investigations will be undertaken. (h) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the projeot is not significant. (d) En__vironmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ~Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? Yes X No 3. Will project alter or have a large effect on an existing body of water~ X 4. Will project have a potentially large, impact on groundwater quality? ~_Yes X No 5. Will project significantly effect drainage flow on adjacent sites? ~Yes X No 6. Will ' affect any threatened or endangered plantpr°]ect Or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? _ Yes X No 8. Will project have a major effect on visual char- known to be important to the community? ~es X NO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local agency? ~es X No 10. Will project have a m~jor effect on existing Or future recreational opportunities? ,___Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation _._Yes X No 12. Will project regularly cause objectionable odors, noise, glare, Vibration, or electrical disturb- ance as a result of the project's operation? ~Yes X No 13. Will project have any impact on public health or safety? ~Yes X____No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent Over a one-year ..._Yes X No charact~ of the community or neighborhood? 15.~s there p~d~/~ont~sy COncerning thc . . prelect? . ::.. Representing: / ZRA ~/?$ Date: 9/5/91 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {x } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {x} No 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bulkheaded between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its deter~aination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? No If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building per~it 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? Yes If yes, please explain where or submit copies of deeds. I~ediately to North of premises. parcel single family residential proposed use single family residential Authori~F-figSa~--u~e~and Date 3/87, 1~/901k Please list present use or operations conducted at this and § 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] WETLANDS [Amended 8-26-76 bY L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: -f~ "~ ~'~' · ~ ~ ~ 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, fiats or other Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march eordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsectioa B(1) and lying with- in soventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2-2s-ss 10649 J03 ~ISI~~ m~de the q~h day of [~. ,ninet~h~d~a~ eighty-sew BE~E~ ARTHUR R. TRUC~ENBRODT and KATHRYN DIANE COWAN '~ residing at . ~: ' Deidrick Lane, Orient, New York 11957 ~SSS ~' partyoftbefirstpart, and ARTHUR R. TRUCKENBRODT residing at Deidrick Lane, Orient, New York 11957 party of the second part, .~ .., , ~ ~ WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second Part, does hereby ~rrant and release unto.t_be party.~f the ~,co~.. part, the heirs _ or successors and assigns of the party of the second part forever, . ,,~. ?.~. : .. -~ ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the See attached Exhibit'"A" 46353 Jill '-- TRAN$[[R TAX SUFFOLK TOGETHER with all right, title and interest, if any, of the party of the first l~rt in~a.n..d t? any streets and roads abutting the above described premises to the center lines thereof; T..(~ETH. ER wstl~ the appurtenances and all the estate and rights of the party of the first part in and to said premsses ;. TO HAVE. AN, D TO. HOLD the premises herein granted unto the party of the second part~ the heirs or s~,.'ee~sors and assigns ot the party of the second part forever, AND the party of the. first part covenants that the party of the 6rst part has not d~sg, F~su,f~ered anythinf whereby the said preonses have been encumbered in any way whatever, except as ato~iild:" '" AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants, that the party of the first part will receive the consideration for this conveyance and will hold the r!ght to ceceive such consid- · cratlon as a-trust fund to-be applled~N,-ie~the-jms,poa~~?atfl~ the Lmpmvement and will apply xhc same first to the payment o~the cost of the improvement-b~fo;e using any part of the total of the same for any other purpose. The word "party" shall be constrned as if it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF~ the party of the first part has duly executed this deed the day and year first above written. ~TATi O~ NEW YORK, COUNTY ,On the day of 'personally came ARTHUR R. TRUCKENBRODT to mc known to be the indivkhml ~ A. TU~E, ~ Public, Sfom of No. ~78 Qualified tn ~s~u ~u~ Nassau 19 87. before me described in and wino executed the foregoing instrument, and acknowledged that he executed the same. Public STATS Of NEW YORK, COUNTY Of On the .. day of.. ~. ~ , ~ 19 , before me~ personally came ........ to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows thc seal of said corporation; that the seal affixed to said instrument is such corpor.ate seal; that it was so affixed by order of thc bo~rd of d,rectors' of said corpora- tion, and that he si&ned h n,ame thereto by llke order. STATI Of~I~II~'COUNTY-OIC/~a?~¢~~ ~ is, - ''~ personally ~ ' K~H~Y~ DZANE UO~AN to me ~known to ~ the indi~dm/ de~d in and who execut~ the foregoln[ inet~d she ex~t~ ~e~.~~ STATI OI~ NIW YORK, C:OUNI~ . o, the . thr~ sub~nbmg .... Mtne~ t''~ '~/ ~"~:0~t~for~ inst~ment, with whom I am ~r~ly n~mt~, wh~l ~n[ ~ ~ duly sworn, did de.se and my t~t. he mines at N~ ; t~t he'~ows to be the individual described in ",nd who executed the [ore~oing instrument; that he, ~d subscribing witness, was .present. and saw · execute the nme I and that he, satd witness. at the same time subscribed h tume as witness thereto. ARTHUR R. TRUCKENBRODT gOUNTYO~TOWN Suffolk District 1000 ~____,:,~dedatlLequmd CHICAGO TITL~ IHSUIANCI GOMFAHY Untied ~'rvice Abstract CorP. 666 Old Country Rood, Garden City. NY 11530 Nassau (516) 227-2300 · Suffolk (516) 467-§9q0 NYC (212) 619-6055 · (718) 520-8052 letum by Marl to ' JqSEPH E.,SOFFE¥', 410 J'encho Turnpike, , ,, : ; ..... it! ] 0 549 PC305 Exhibit "A" ALL that certain plot, piece or parcel of land/ with the buildings and improvements thereon erected, situate, lying and being in the Hamlet of Orient, Town of Southold, County of Suffolk, State of New York, and bounded and described as follows: BEGINNING at a point on the boundary line between land of the party of the first part and land of Ramond Deidrick at the point at which said boundary line is intersected by the northerly boundary of land conveyed by said party of the first part to Rev. Bradford N. Hess by deed dated February 29, 1970, recorded in the Suffolk County Clerk's Office on April 1, 1970, in Liber 6723, page 227; running thence along said land of Hess, South 48 degrees 43 minutes West 105.81 feet to land of C. & E. Brown; thence along said land of Brown North 41 degrees 17 minutes West 185.0 feet; thence along other land of the party of the first part North 48 degrees 43 minutes East - 105.81 feet to'Said land of Deidrick; thence along said land, four courses: 1) South 41 degrees 17 minutes East 32.54 feet; thence 2) South 31 degrees 08 minutes East 39.83 feet; thence 3) North 58 degrees 52 minutes East 7.13 feet; thence 4) South 41 degrees 17 minutes East 112.0 feet to the point of BEGINNING. 0~-~3 September 10, 1968 Mr. Donald L. Gullakson 8 Ellsworth Place Staten Island, New York Dear Slr~ ~nc!osed please ~i~d ~ cogy of the current Zoning Ordinance of the Town of Southold. Receipt of 25¢ fee hereby acknowledged. Also enclosed are application forms for Health Dept. - cesspool, water supply ~ermit, application for building pormit, and application forms for approval of access over a private road. It appears that Mr. Mearns lot is about 106 ft. wide by about 795 ft. long which is ample for another residence as you propose. The 850 square feet of living area must be within the four walls of the main house - porches, carports, garages, etc. ~o not uount as l~vlng area. Upon recelF= u~ t~ applications properly completed aud the required fees we will process your application ~diately so as not to hold your work up any longer than necessary. Yours truly, Howard Terry Building Inspector .--.,.~. Bui IdJng Department Southoid Township Southoid, Long Island, New York Attn: Hr. Terry, Town Clerks Office September 9, 1968 Dear Hr. Terry: Enclosed find twenty five cents for your booklet on the building code for the Township. Any other information regarding requirements for the area will be greatly appreciated in order to avoid disappointment be- cause of unexpected problems laton on. I expect to build on the property owned by my Father-in-law, Hr. H. Mearns located next to Green Acres, Orient~ New York. The house we plan to build will be located lO0 feet directly in back of my Father-in-law's house. My Father-in-law will retain possession of the land. I realize that the living area must be 850 square feet. Would a screened- in porch that is covered by the roof of the main building be considered in this square footage. This is to be just a summer residence. I realize that there will be prob]ems in getting the permit and I wou]d appreciate i~formation regarding the procedure in getting these ironed out. The young Couple that purchased Howe's place, will be furnishing us with our water. A cess pool will most likely be dug by a local man. An early reply would be sincerely appreciated. /, DONALD L. GULLAKSON 8 EIisworth Place DLG/bn Staten Island, New York 10314 £nc. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. GOd'OWNER ~ S W ~PE OF BUILDING, ~ ES , ~ I BUILDIN~ND~I~ AGE N~.i~ ~ /¢r~ ~BOVE ~ FAR~ [ ~ , 2 ~c~ Value Per Malue Tillable Tillable 2 Tillable 3 W~dland ,' Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plat ~ DEPTH BULKH~D Total DOCK M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total // X2o=Z20 ~)W/TE Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway I ~14~1 I [ 1.41 I I J I I I I~1'~1 I(PT~I) I I lllllllllll-I-ll ' ~7._O Floors V~ ~ y, / , Interior Finish ~ /~ Heat Rooms 1st Floor Rooms 2nd Floor ~inette BR. FIN. B. TO~N 0~' SOUTHOLD, NEW ¥O~K ' ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1302 Dated (r~e~ ~ Ap~I No. 1292) ACTION OF THE ZONING BOARD OF APPE~S OF THE TOWN OF SOUTHOLD [ To ~ & ~el~ ~e~ns Rou~ 25 at a meeting of the Zon~g Board of Appeals on was considered a~d the ac~io~ ~diea~ed below ~a~ ~ake~ o~ ~our (~) ~eques~ for variance due ~ ~c~ o~ access ~o proper~ ( ) Eequest ~or a ~peciaI exceptio~ under ~ Zoning Ordinance ( ~ ~eques~ ~or ~ variance to ~he Zo~in~ Ordinance DATE~ 13· 1969 Appellant the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9100 Pe Me (Se Se Te ) · a rehear//lg o14 AppeaX NOe 1292 Z upon application of Harry and Evell~ Mearnse Route 25· Orient, Ne~ Yorka for approval of access to private road in accordance with the State of New York Town La~· Section 280A. Location of propertyl private r:~ght-of-way off north s~de of Route 25, Orient, New York· bounded north by land of appll~cant, east by De~dr~.k~ south by Hess· west'by Brown & others. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE I~VERSE practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) Tile variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further detemined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. FORM ZB4 SEE REVERSE ZONING BOARD OF APPEALS Betty Neville, Secretary Southold Town Board of Appeals After investigation and inspecti°n the Board finds that the applicant requests pe~mtssion for' approval of access over private right-of-way in accordance with the State of New York To~n Law, Section 280A. Previous appeal was ~ade and approved at the last meeting subject to the approval of Mr. Deidrick on whose p~operty the right-of-way was to be re-located. Since that t/me Mr. Deiclri~k has decided that he does not wish to re-locate the right-of-way on his property as planned. The applicant now proposes to have a right-0.f-way 16% ft. in width and 100 ft. in length running on~ hie northerly property line. This proposed right-of-way will intercept the exlsting right-of-way (Detdrtck's) on both sldes, therefore the Board feels that is ls not. necessary to improve the right-of-way the entire 100 ft. length. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship~ the hardship created is unique and would not be shared by all properties alike in the immediate .vicinity of this property and in the same use cLtetrict~ and the variance .will not change the character of the district and will observe the spirit of the O~ inance. . ; THEREpG~E, IT WAS RESOLVED Harry & Evellm Mearns, Route ~5~ Orient, New York, 'be ~iAN~KD apprOVal o'f access t° private road 'in accordance with' the State of New York Town Law, Section 280A as applied for on property located off north side of Route 25, O~lent, New York. Vote of the Board: Ayes=- ~ssrs= Gillispie, Bergen, Hulas, Doyen. ~¢a/~ : Appeal No. 1292 TOl~q OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Dated ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD ~t, ~ ~ Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your (Z) Request for variance due to lack of access to property ) Request for a special exception under the Zoning Ordinance ) Request for a variance to the Zoning Ordinance ) 19~9 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because ?110 ~e~e (]~®DeSe~e), ~ a~atl~ of ]~ ~d BVOXFd~ Mearl~e Rotlto 25s Or:~ont, Nm York, for ~ovol o~ ac~l 8~ ~8~. ~t~ o~ ~o~ ~va~ E~t~ay off ~ 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because S~.~ REVF~SB (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) s~ and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ORM ZB4 ZONING BOARD OF APPEALS Betty Nev~lXe, secxetazy Southold To~n Board of Appoo/s wou~d produce practlcal d~ff%cult~es o~ unnoceesary hardship! the hardship c~oated le unique and would no~ be eh&red b~ a~l propoz~los al~ke ~n ~ho lnmodAate vicinity of th~- property ~nd In tho ~ uee d~e~r~ct! and the variance will not change the ch~zacter of ~ noJ~ood, Ind w:Lll o])8ereo ~O epJ.T~t Of ~hO O~dJ~i~aO. Vo~e o£ the Board: A~es:- Seeeret GLllJJpLe, Bergen, i.i I bi U T E S SOUTHOLD TOWN BOARD OF APPEALS October 23, 1969 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, October 23, 1969, at the Town Office, Main Road, $outhold, New York. There were present: Messrs: Robert W. Glllispie, Jr., Cha/rman; Robert Bergen; Charles Grigonis, Jro; Fred Hulse, Jr. Absent: Mr° Serge Doyen, Jr° PUBLIC HEARING: Appeal No. 1292 - 7:30 P.M. (E.D.S.T.), upon application of Harry and ~-velyn Mearns, ROute 25, Orient, New York, for approval of access to private road in accordance with the State of New York Town Law, Section 280A. Location of property: private right-of-way off north side of Route 25, Orient, New York, bounded north by L.I. Sound, east by Deidrick, south by Howe, west by land of applicant. Fee paid $5.00o An amendment was made to this application pursuant to telephone call received from applicant today, as follows: · Southold Town Board of Appeals -2- October 23, 1969 REAS~ FC~ APPEAL (X) A Variance to Section 2SOA Subsection 3 ( ) A Variance to the Zoning Ordinance () is requested for the reason that: to change the existing right-of- way to position shown on survey. THE CHAIRI~MtN: Then this lis really a re-location of a right-of- way. They already had a right-of-way here. The Cha/rman opened the hearing by reading the application for approval of access, legal notice of hearing, affidavit attesting to its publication in the official newspapers, and notice to the applicant. ~tE CliAXPJdAN: Is there anyone present who wishes to speak for this application? MR. HC~%RD TERRY, ~UTT.UXI~G INSPECTOR: The people were in yesterday and they made the changes in the sketch where they want to change the right-of-way. They talked to Deidrick and he is going to give them a letter in writing saying that he wants the right-of-way to run on his tiroperty just outside of their property line instead of in on their property line. And they will have from Van Tuyl, a description of this as it will border this property of Iiearns and make a turn here to come back into Deidrick's~ Deidrick eventually has an intention of building some more cottages in hare, this is why he wants to keep in on his own property, instead of running in onto theirs. THE CHA]~I~,~: The applicant is Mearns? MR. TERRY: That's right. Mearns owns this whole strip here (referring to sketch) MR. HULSE: The right-of-way is now on Deidrick's property? MR. TERRY: That's right. The right-of-way is now on Deidrick's property and he wants to keep it on his property, but put it along side of his line so they can get access. They will have a description from Van Tuyl and a letter from Detdrick. THE CHAIRMAN: Is there anyone else present who wishes to speak for this applicationP (There was no response. ) THE CHAIRMAN: Is there anyone present who wishes to speak against this applicationP ~ .Southold T~n Bosrd of Appeals -3- October 23, 1969 (There was no response.) After investigation and inspection the Board finds that the applicant requests permission for approval of access over private right-of-way. The Board finds that the applicant does not wish to create another right-of-~ay, but to re-locate the present right-of-way to better serve himself and the adjoining property owner to the east, Deidrick. .The proposed right-of-way is to be located on the westerly side of Deidrick's property Just outside of Mearn's property line. Mr. Deidrick approves of this location of the right-of-way and is to send a letter stat/rig such. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties al/ke in the ~nmediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. on motion by ~=. Glllispie, seconded by Mr. Bergen, it was RESOLVED Harry and Evelyn ~earns, Route 25, Orient, New York be GRANTED approval of access over private right-of-way as applied for in the revised drawing, wherein the 16% ft. proposed right- of-way borders the applicant's property on property of Deidrick. Location of property: private right-of-way off north side of Route 25, Orient, New York. This approval of access is granted subject to the following conditions: 1. ~he right-of-way is to be properly described, subject to the approval of the Building Inspector, by Otto Van Tuyl, surveyor. 2. A letter to be received from Deidrick, whose property the right-of-way is to be placed, saying that he approves of it and gives his permission. 3. The right-of-way must be improved, subject to the approval of the Building Inspector. It must be graded, then covered with gravel. Vote of the Board: Ayes:- ~4essrs: Gillispie, Bergen, Hulse, Grigonis. PUBLIC HE~qG~ Appeal NO. 1293 - 7:45 P.~. (E.D.S.T.), upon application of Herman Pocher, Camp Mineola Road, Mattituck, New York, for a variance in aocordsnce with the Zoning Ordinance, Article ~II, Section 303, and Article X, Section 1000A~ for per- miss~0n to divide lot with insufficient area° Location of property~ west side of Camp Mineola Road, ~attit~ck, New York, bounded north by Howell Estate, east by Camp Mineola Road, south by other land of applicant, west by private right-o~-way. Fee paid $5.00. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter ot the Petition of : ARTHUR R. TRUCKENBRODT : to the Board of Appeals of the Town of 5ourhold : TO: Dorothy Abbott & Janet Swanson Charlotte L Estelle Brown Bradford N. Hess & wf. Arthur R, Truckenbrodt & wf, YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. That it is zhe intention of the undersigned zo ~3ctition The Board nf Appeals of thc Town of 5outhold to request a (~ ~~(~~~ [ci£cle choice] 2. That the property which is the subject of the Petition is located adiacent t,o your property and is des- cribed as follows: 2405 Private Road ~7 (Diedricks Road)~ Orlent~ NY -.. 3. That the property whic,h is the .subject of such Petition is located in the following zoning district: R-~0 Residential Low Density 4 Thatb%suchPetition, theundersignedwillrequestthefollowingretief: Permission to main- t~in accessory buildinq (shed) in front yard area and permission to ma'in- tain addition to dwellinq with insufficient ~ear yard setback. .5. That the provisions of the Sou£hoid Town Zoning Code applicable to the relief sought by the under- signed are Article III Secticn 100-33 and 100-242 [ ] Section 280-A, New York Town Law for approval o~ access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above win be flied in the Southold Town Clerk's Office at Main Road Southold, New York and you ma)' then and there exa~nine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of 5outhold and designated for the publication of such notices; that you or...y~r representative have the Dated.'Sept~mber 5~, 1991 Petitioner ' ' / 0wners'Names: /Arthur R. Truckenbrodt Post Office Address r P. O. Box 2016 Orient~ NY 11957 ' Ye]. No. ( 516)323-3739 [Copy of sketch or plan purposes.] showing proposal to be attached :NOTICE RECEIPTS ~ 757, Orient, NY 066!- ounp '008~: uJ~o~ Sd 066L eun? 10~ muc~ ~ .ne cirri, 164 S. Centre, NY 11570 Main Road, Orient, 11957 STATE OF NEW YORK ) COUNTY OF SUFFOLK} SS.: Orient, NY 11957 Central Avenue, NY 11957 Edward ~,o~. Boyd V New York, 11971 , being duly sworn, deposes and says that on the. 5th day of September ,19 91 , deponent mailed a true copy of thc Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are thc addresses of said persons as shown on thc current assessment roll of thc Town of Southold; that said Notices were mailed at the United States Post ficeat Southold~ New York (certified) (o~l~m~) mail. Sworn to before me this 5th ~~m~r. ~~1 ,residlngat (no ~) Cedar Beach Road, Southold, ;tharsaid Nodce. Tff'mailed to each of said persons by Edward John Boyd V (This side does not have to be completed on form t. ransmitted to adjoining property ownerS. )