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HomeMy WebLinkAbout3969 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 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 ACTION OF THE BOARD OF APPEALS Appeal No. 3969: Application for ANDREW AND ANNE BURKARD for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct two-foot extension of garage attached to dwelling with an insufficient front yard setback. Zone District: R-40. Location of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivision Lot No. 167, Section Three, Map 6160; County Tax Map District 1000, Section 15, Block 5, Lot 24.13. WHEREAS, a public hearing was held on November 1, 1990 in the Matter of the Application of PETER BLOOM under Appeal No. 3969; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the southerly side of Uhl Lane in the Hamlet of Orient, Town of Southold, is also known as Lot #167 on the "Orient-By-The-Sea" Subdivision Map filed in the Suffolk County Clerk's Office as Map No. 6160, Section Three, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 15, Block 5, Lot 24.13. 2. The subject premises is a conforming parcel in this R-40 Zone District containing a total lot area of 41,455 square feet with frontage of 210.0 feet along Uhl Lane. Page 2 - Appl. No. 3969 Matter of ANDREW & ANNE B. BURKARD Decision Rendered November 1, 1990 3. The subject premises: RECEIVED AND FILED BY THE'SOUTHOLD TOWN C[.~".i~.~ Town Clerk, Town of Southold (a) is improved with a partial single-family dwelling, present under construction as shown by survey updated July 17, 1990 by Roderick VanTuyl, P.C.; (b) is located in the R-40 Zone District which requires a minimum front yard setback at 50 feet. 4. Appellants are requesting approval of a setback of the new dwelling structure with attached garage at 48 feet from the front property line at its closest point. 5. Although the relief requested was self-created, the relief requested is strictly for the garage area within two feet of the normal 50 ft. front yard area setback, which: (a) will not be adverse to the essential character of the neighborhood; (b) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, be adverse to neighboring properties; or (c) will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) is the minimum necessary to afford relief; (e) cannot be obviated economically by some method feasible to appellant to pursue, other than a variance; (f) in considering all of the above factors, the interests of justice will be served by granting the variance, conditionally noted below. as Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a variance of two feet for the garage area as shown on the survey updated July 17, 1990 under No. 3969 in the Matter of ANDREW AND ANNE B. BURKARD. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. (Member Sawicki was absent.) This resolution was duly adopted. lk ~ ~ERARD P. GOEHRINGER~, CHAI~ 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 TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969 - ANDREW BURKARD. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission / / L t_o construct two-foot extention of garage attached to dwelling / ' ; with an insufficient front .yard setback. Zone District: // R-40. Location of Property. 370 Uhl Lane, Orient, NY, ~ \ Orient-By-The-Sea Subdivision Lot No. 167, Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 - DONAr.B L. OSANI (for GEORGE BRUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of Property: North Side of Balrview Road and the West Side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck addition to dwelling with an insufficient sideyard setback and reduced front yard setback. Lot area is nonconforming is this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Variances to the Zoning Ordinance, Article III, Section 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of Property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November l, 1990 7:50 p.m. Appl. No. 3971 - VALERIE M. KRAMER. Variance to the Zoning Ordinance, Article XXIII, Section 239.4B and Article XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. 8:00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of proposed Lot #4 which will have insufficient area in this Residential-Office (RO) Zone District. Location of Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 property: North Side of the Main Road (265+- feet west of Alvah's Lane), Cutchogue, NY; County Tax Map Parcel No. I000-109-1-23 8:05 p.m. Appl. the Zoning Ordinance, permission to locate No. 3977 - BE~f J. COPIN. Variance to Article III, Section 100-33B(4) for accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Arshamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two accessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Location of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968 IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, and Article XXIII, Section 100-239.4A for permission to locate Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 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. 8:35 p.m. Appl. No. 3975 ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. Zone District: Agricultural- Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. 8:45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Sections 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to height limitation of accessory (canopy) structure. Location Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituek, NY; 1000-142-1-27. Matters Recessed from September 26, 1990: 9:00 p.m. 9:10 p.m. Appl. No. AURICCHIO. Appl. No. 3955 - DOMINICK SBLENDIDO & A. 3938 - VILLAGE MARINE. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about October 19, 1990: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Board Members (with file copies) ZBA Individual Files FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated . .~.'. .... ]. f. ........... 19 .~. O.. Location of Property .~.'~..O. House No. ''' County Tax Map No. I000 Section ... ~t ~ ..... Block ... ~.~. ...... Lot . ~.'.~ ~ .... Subdivision ................. Filed Map No. : ............... Lot No .................. is returned herewith and disapproved on the following grounds..(~.~..~'...~. ~...~-~A~.. .... ,..~..-.~...-~q~. ,. ~...~..~...~..~~ .......... · .% ~.~.,.,,,,,~....~ ~ .~... ~....~.......~.....4~.'... ,... Q..~...,.,~.. ....... Buxldzng Inspector RV 1/80 I~ I C~ E I V E ~ TOWN OF SOUTHOLD, NEW YORK DECISION OF BUILDING INSPECTOR APPEAL NO. ~ ~BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,'. (We),'Y,a.~':..~.~'.~.~.Z..*~'-~-."-~' .~.,e......~J~,-~'~....~..Z~, .................... Name of Appellant Street and Number ...,~.~.~..~ a/.~,,a.¢~.~. .............................. ~.~ ......... ,EREBY ^~PEA~TO ..... Municip'a'lity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON ............. ..... .................. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applig3nt for permit ................................ ........... State .... ~treet and Number Municipality ( ) PERMIT TO ~JSE (-) PERMIT FOR OCCUPANCY ,. LOCATION OF THE PROPERTY ~...,~...~......:.~'.~'~-/-..~..,~.-....~..--..~.' '~'../-~.~"~ ~..~ .~......./j~'-7 .......... Street /Hamlet: / Use District on Zoning Map District: 1000 Section/..,'~'Block_~'-Lot:~.~4/.~/~-'~--- L ,~. /) J.- _/z:~ __ ~,,~.,~,,.,.J ............................................................. burren~ uwner~-/.~'/-c~.~y' ~y ,'//.~.~_ '/~'~"~;:'""~/~) L°t N°'///m/"/ Prior Owner~/~.~?/~H,/ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art:icle ~ Sect:ion //)~P 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriat:e box) ( ~ VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal wes ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Vorionce to Section 280A Subsection 3 A Vorionce to the Zoning Ordinance is requested for the reason that Form ZB! (Continue on other side) REASON FOR APPEAL Continued ' .' 1. STRICT APPLICATION OF. THE ORDINANCE would produce practical difficul~r~n~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because d.~J//)~j~.~ ~,~z~-/~/- 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE. CHARACTER OF THE DISTRICT because Sworn to this ........... ZZ ........................... doy of .... ._ ............ Z ..................... 19 '~E) 'aao-?.F'-F'-..2?./~TOWN OF $OUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT RES' ~t0 S~S' VL.~ FARM COMM. CB. MICS. Mkt. Value 'illaNe FRONTAGE ON WATER ~se Plot BULKH~D COLOR TRIM ,'tension :tension }ension Foundation Both Basement Floors Ext. Walls Interior Finish eezeway Fire Place Heat irage Type Roof Rooms Ist ~ i Recreotlon Room Rooms 2nd Floor Dormer Driveway I~inette C B, 0o I t'"f 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 TOWN OF SOUTHOLD SCOFF 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 11, 1990 Mr. and Mrs. Andrew Burkard 40 Slocum Avenue Port Washington, NY 11050 Re: Application for Variance (Frontyard - New Dwelling) Building Permit #180442 Dear Mr. and Mrs. Burkard: This letter will acknowledge receipt of your recent application filed with our office. The Board Members will be conducting individual field inspections and other reviews as required by state and local laws. It is noted in reviewing the papers filed with us that the copy of the survey map does not show encroachments outside the building envelope approved under the above building permit. Please furnish us with an up-to-date survey (if available), or with a sketch delineating the setbacks from both corners of the building under consideration. A copy of the Legal Notice as published by our office in the Suffolk Times and L.I. Traveler-Watchman, Inc. will be forwarded to you within a couple of days to confirm the time of the hearing, which has been calendared for Thursday evening, November 1, 1990. Please feel free to call our office if you have any questions. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 1 2 3 4 5 6 7 8 9 10 11 12 13 14 '~5 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUHTY OF SUFFOLK : STATE OF HE~ YORK TOWF OF SOUTFOLD : [~ ZONING BOARD OF APPEALS HKARING : ] I 4 1990 Town Fall 53095 Main Road P.O. Box 1179 Southold, Few York 11971 November 1, 1990 7:30 P.N. BEFORE : GERARD P. GOEHRINOER, thai rman. BOARD MKHBKRS: C~ARLES GRIGOFIS, JR. SERGE DOYEN, JR. JOSEPH F. SAWlCKI - Absent JAHES DIHIZIO, JR. ALSO PRESENT: LINDA KOWALSKI, Hoard Secretary 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 2 THE CHAIRMAH: This is the regularly scheduled meeting of the Bouthold Town Zoning Board of Appeals. Ne welcome everybody here. The first hearing on the agenda is on behalf of Andrew Burkard, Appeal Humber 3969. The legal notice reads as follows: (Legal notice read off record.) · HE CHAIR~L~H: I have a copy of the survey, dated August 10, 1988, produced by Roderick Van Tuyl, P.C., indicating a one- family dwelling almost perfectly centered on the property, with a garage in front of the house attached, extending 48 feet to the property line on the front yard. I have a copy~of'~he Suffolk County Tax Map indicating this and surrounding properties in the ares. Is there somebody that would like to be heard? Could you please use the mike. How do you do, sir? MR. BURKARD: THE CHAIRMAN: Andrew Burksrd. Is there anything you , would like to say for the record? 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 2 3 4 5 MR. BURKARD: Bell, the only thing was in doing this house I changed the garage around and for aesthetic reasons, instead of having a garage door face the street, I changed it to the other way and put a window in and in doing so I didn't realize that I encroached on the 15 feet and that really is basically what happened. THE CH&IRMAN: Do you have a breezeway in between the house? MR. BURKARD: Yes, I do. THE CHAIRMAN: That also probably adds a little bit to the footage which is -- I think it is 7 foot, 7 inches, but that breezeway is a part of the foundation and the garage, that was also poured at the same time that happened. MR. BURKARD: You know, I -- not realizing when I turned the garage it was instead of 23 feet one way, it was 20 feet -- 20 feet the other way and I lost a foot I think they may have We have a unique and they surveyed it. lost a few that way. THE CHAIRMAN: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 22 23 24 25 4 situation in the respect -- I looked around to the left and to the right of me to measure the houses on each side and, of course, there aren't any to the left and right of me. HR. BURKARD: There is nothing out there, really. THE CHAIRNAN: So we will see how it's going at the hearing. I am sure you want to continue construction. HR. BURKARD: What is the process now? THE CHAIRMAN: Well, normally we won't make a decision tonight. We will wait until the special meeting on November 15th, but Possibly we will discuss it with the Board after the hearing and see if we can do something for you. Thank you so much for coming in. Is there anybody else that would like to speak in favor of this application? Anybody that would like to speak against the application? Any questions from Board members? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DINIZIO: No. THE CHAIRMAN: In light of the situation and the fact that winter is coming, I make a motion approving this as applied for. MR. ORI~ONIS: Second. THE CHAIP~q: &ll in favor? MR. OEIGONIS: Aye. MR. DOYEN: Aye. HR. DINIZIO: THE CHAIRMAN: (Time noted: THE CHAIRMAN: Aye. Granted. 7:34 P.M.) The next appeal is Humber 3974, in behalf of Donald L. Osani. The legal notice reads as follows: '(~egal notice read off record.) THE CHAIRMAN: I have & copy of the sketch of a survey with the name cut off of the survey, but indicating a lot on the corner of Bayview Road and Reydon Drive, and approximately 150 by 219.85; and the next lot in -- 150 by 238.40. I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. 5 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I, GAIL ROSCHEN, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript of the Town of Southold Zoning Board of Appeals hearing of November 1, 1990, according to my stenographic notes. GAIL ROSCHEN Official Court Reporter 145A 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 TOWN OF SOUTHOLD sco'i-r L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 November 7, 1990 Mr. and Mrs. Andrew Burkard 40 Slocum Avenue Port Washington, NY 11050 Re: Appl. No. 3969 - Garage Variance Dear Mr. and Mrs. Burkard: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our November i, i990 Regular Meeting concerning the above application. Please be sure to return to all involved agencies for approvals and permits as deemed necessary. Copies of this decision have simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERA/~D P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Inspectors' Office 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 TOWN OF SOUTHOLD S.E.O,.R.A. TYPE II ACTION DECLARATION October SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 17, 1990 Appeal No. 3969 Project/Applicants: County Tax Map No. Location of Project: Andrew Burkard 1000- 15-5--24.13 370 Uhl Lane, Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct two-foot extension of garage attached to dwelling with an insufficient front yard setback. This Notice is issued pursuant to Part 617 of the implementing regulations pertaining ko 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 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 TOWN OF SOUTHOLD scott L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published recently 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 times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GEP3uRD p. GOEHRINGER CHAIRMAN By Linda Kowalski Notice of Hearings Z.B.A. - November 1, 1990 Copies of Legal Notice also to the following on or about 10/16/90: Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050 Mr. and Mrs. Donald L. Osani, 332 Throop St., N. Babylon 11704 Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746 Mrs. Virginia Olga Lee, P.O. Box 1273, Southold 11971 Mr. & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952 Mrs. Valerie M. Kramer, P.O. Box 1360,'~outhold 11971 Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939 J. Kevin McLaughlin, Esq., P.O. Box 803, Greenport 11944 Karen Hagen, Esq., P.O. Box 1424, Mattituck 11952 Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs. Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971 Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952 Proper-T Services, P.O. Box 617, Cutchogue 11935 William D. Moore, Esq., P.O. Box 23, Mattituck 11952 Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971 John Wagner, Esq., P.O. Box 279, Riverhead 11901 Philip J. Cardinale, Esq., Drawer W, Jamesport 11947 Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 Charles R. Cuddy, Esq., P.O. Box 1547, Riverhead 11901 JUDITH T. TERRY TOWN CLERK P. EGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY. SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3969. ANDREW & ANNE BURKARD DATE: AUGUST 13. 1990 Transmitted is application for variance submitted by ANDREW & ANNE BURKARD together with notification to adjacent property owners; Notice of Disapproval from the Building Department; short environmental assessment form; Zoning Board of Appeals Questionnaire form; copy of Deed; survey of property and floor plan. Judith T. Terry Southold Town Clerk ' [PROJECT LD. 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) 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and roacl intersections, prominent landmarks, etc,, ot provide map) SEQR PROPOSED ACTION: [] Exl)ansion 6. DESCRIBE PROJECT BRIEFLY: [] Modificat ionlaReration Initially acres Ullimately 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9. HAT IS PRESENT ~ND USE IN VICINI~Y OF PROJECT~ esidential ~ Industrial ~ Commercial ~ Agriculture 10. DOES ACTION INVOLVE. L?. A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL ? [] Yes ,~ No If yes, list agency(s) and permitlapprova~s lt.DOES ~ .  Yes ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERM T R APPROVAL~ I CERTtFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by th~s board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short E~ it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) E_nvironmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 8. Will project have a major effect on visual char- 10. Will project have a major effect on existing or 12. Will project regularly cause objectionable odors, Preparer's Signature~~%, __Yes ~ ZBA ~/75 QUESTIONNAIRE TO BE CO.qPLETED AND SUB,fITTED WITll YOUR APPLICATION FO~.l$ TO TIIE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which con,bin wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~ b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes 4. Are there any existing or proposed fences, c~ncrete barriers, decks, etc? Yes ~ 5. If project is proposed for an accessory building or " structure, i~ total height at more than 18 feet above average ground 1--~17 State total: ~ ' ' ft. Yes ~ 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground'level? State total: [~) ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes ~. Yes ~ Yes ~ Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other 10. 11. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an ' ' inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Yes Yes Yes Yes Yes Yes Yes 13. Please list present use or operatio2s conducted uDon the.. ' subject property~t,this time ~//~/~ P~ and proposed /~-~ ~./9/99~ ' ~' ±ease submit photographs-for the r~co~d. ' ~~e~.~Ybtha~ th~.~a~ove ~tate~en~s are true and are being submitted for ~th~.. ~a~ n applicatio~ . d'~fgh'atq~'~(~roperty Ow (Authorized Agent) 1/88 WETLANDS [Amended 8-26-7(; by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or internlittently cov- ered with. or which border on, tidal waters, or lands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh, swamps, meadows, flaL~ or other low lying lands subject to tidal action: (2) All banks, bogs, meadnws, 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 cm'dgrass, high bush. cattails, groundsel, marshmallow and Iow march cordgrass; ami/ar (3) All land immediately adjacent to a tidal wetland as defined in Subsection At2) and lying within seven. ty-five (75} feet landward of the mast landward edge of such a tidal wetland. FRESIIWATER WETI,ANI)S: (1) "Freshwater wetlands" as defined in Article 2,1. Ti- tie 1. § 2,1-0107. Subdivisions l(a) to l(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immedialely adjacent to a"freshwater wet- !ami," as defined in Subsection B(1) and lying with- m seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD EJE USED BY LAWYERS ONLY THIS II, DENTURE, mad~ the ~z~ day of December , nineteen hundred and Seventy-N I ne BETWF.~ WOODHOLLOW PROPERTIES, INC.~ a domestic corporation having its principal place of business at 824:3 Jericho Turnpike, Woodbury, Nassau County, New York 11797 par~ of the first'part, and ANDREWA, BURKARD AND ANNE B. BURKARD~ his wife, both residing at 40 Slocum Avenue, Port Washington, Nassau County, New York 11050 party of the secoml part, WITNESSETH, that the paly,:y of the first part, in consideration of TEN AND 00/100 ....... .......................... ($10.00) ....................................... dollars, lawful moqey of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the payty of Se second part forever, ALL that certain plot, piece or parcel of land,~,,~l~;~'.~xYlaOlKtc~t~g~ll~ldxltgj~.lt~'l~tl,ig, latl~gYo'tlfdlt~]~ situate, lying and beingiathe. Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 167 on a certain map ~neitled "Map of Orient by the Sea, Section 3", and filed in the office of the Clerk of the County of Suffolk on October 16, 1974 as Map No. 6160 more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Uhl Lane where the same Is intersected by the di~islon line between lots 167 and 168 on the aforesaid map, said point or place of beginning being also distant 175.0 feet easterly as measured along the south erly side of Uhl Lane from the easterly end of a curve, said curve connecting the easterly side of Ryder Farm Lane with the southerly side of Uhl Lane; running thence from said point or place of beginning along the southerly side of Uhl Lane North 88 degrees 26 minutes O0 seconds East 210.00 feet to the division line between lots 166 and 167; thence along said last mentioned dlvlsion line South 1 degree 34 minutes O0 seconds East 179.81 feet; thence South 78 degrees 55 minutes lO seconds West 212.93 feet to the division line between lots 167 and 168, first above mentioned; and thence along said last mentioned division line North 1 degree 34 minutes O0 seconds West 215.O feet to the southerly side of Uhl Lane at the point or place of beginning. TOGETHER with a right of way over all streets as shown on maps of Orient By The Sea, Sectlons One, Two and Three, Maps [los. 2777, 3444 and 6160, respectively, as filed in the office of the Suffolk County Clerk. Said 'premises 'are sold subject to.'. 1. Any.state ot~ 'facts on accurate~survey may show, :provided~same does not render tltle unmarketable. 2.. Zoning, regulations and ordinances of the Town of Southold. :3. Declaration. of Covenants and Restrictions ~-[p !.L[ib,.e~3,~20~,~,f~. ;1t~2~ :. 4, ..Electric Easement In 'klber 7776~ CP 32. r ' : : ' 3hN 44980': TR:AN!S FE!R T~( SUFPOLK COUNTY The party of the second pa~t is informed and hereby acknowledges notlce that the party of the flrst part contemplates developing premises retained by the party of the First part and fronting along and on 14aln Road to a depth of not less than 200 feet nor more than ~00 feet for business uses and purposes, and the party of the second part, by acceptance of the deed hereunder covenants and agrees for themselves their successors and assigns, that they have no objection thereto, and waive any right of objection that may hereafter accure by reason thereof, and Further coyenants and ~grees to.execute and acknowledge any and ali instruments deemed necessary bY the party of the ~ilrs~ par~ inl furtherance of.'and to effectuat= such development.,, The conveyance 'is made in the regular:.course of business: ordinarily and actually~ copductedlby the grantor corporation. TOGETHER wi~h all right, title and i~erest, if any, o£ the party of the first part in and to any streets and roads abutting the ~bove described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND ~he partly if ~he first p, art covenants that the party of the first part has not done or suffered anything whereby tho said premises have been incemhered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that tho party of the first part will receive the consideration for this eenveyanee and will hold tho right to receive such consid- eration as ~ trust fund' to be applied first for the purpose of paying the cost of the improvement and will apply the ~me~ first ~to the payment of the cost of the improvement before using a~ay part of the total of the same for any other purp?se. The word. "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. lbl, WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: .... ! / ,?- WALTER UHL, PRESIDENT STATE OF.~NE~ ~Y/~RK, COUNTY OF ss: STATE OF NEW , COUNTY OF · On the ~ -'Sa~ of 19 , before me On tim day of ~rsonally came ~rsonally to ine known to be the individual described in a~d w~o executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW, LYORK, COUNTY OF NASSAU ss: On the '~/N~.d;lay"~3 of December 199 , before me personallyV'--ca'tne Woltpr Uh/ to me known, who, being [~y me duly sworn, did depose and saythat he resides at No. 75A Nassau Point Rd., iChUtChggue. NY 11935 ; at he is the President of Woodhol Iow Properties, I ncthe corporation described in and which executed the foregoing instrument; that ho knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the hoard of directors. 9( said corpora- tion, and that ho s~ed his name then~b ~by like order. ~l~ARY ', ~ I~ MILLER No. ~0-7947800 I~tar~ Public. !State of New York Qualified In .Nassau County Terra Expires Maech 30, l~)O~) 19 , before me · to me known to be the individual described in and who executed the foregoing instrument, and aeknowledgecl eha¢ executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me k~own, 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 tie knows lhe seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora. tion, and that he signed h name thereto by like order. ~argain anb ~alt ~ttb T~ No. 7905-0~572 WOODHOLLOW PROPERTIES, INC. TO ANDREW. BURKARD AND ANNE B. BURKARD, ]~ HIS WIFE SECTION BLOCK i ICggO Tiff[' ow, c~ RD ~ COUNTy OF SUFFOLK Real Property Tax Service Agent STATE COUNTY - SUFFOLK TOWN OF'SOUTNOLD SW[S - 473889 CROSS REFERENCE LIS! P A R ~ El ' iD E ~T~I ~[~A~FTo N PARCEL ¥ EK RDG NAME C VN HALVORSEN [NGOLF~& WF- C WJ NILSEN ROBERT W & WF C - - - 1988 - - LAND 1.600 1.600 I~' 1.600 ~..~00'--1., 1.~Ou '~ RD CARAVANOS ALEXANORA ...... 1';200 C NM CARAVANOS JOHN 1~2OO TOWN OF SOUTIIOLD BUILDING DEPARTMENT SOUTHOLD, NEW YORK TO: STOP WORK ORDER ANDHEN & ANNE B. BURKHARD (Owner, Owner's Agent or Person Per!ormmg WorK) 40 SLOCUM 'AVE., PORT WASHINGTON 11050 (Aaaress ot aaove-nameO person/ YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 370 UHL LANE; ORIENT, N.Y. 11957 {Aoaress where wore ~s to be stoppea) TAX MAP NUMBER 015-5-24.13 Pursuant to section 100-283 of the Code of the Town of Southold, New York you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: FRONT YARD SETBACK SHOULD BE AT' LEAST 50' SURVEY SHOWS 48'. FRAMING WAS STARTED BEFORE 2ND SURVEY }/AS SUBMITTED TO THE BUILDING DEPARTMENT XXVIII 100-280-I · CONDITIONS UNDER WHICH WORK MAY BE RESUMED: gAZ!I RELIEF FROM THE ~Z.B.A. FOR INSUFFICIENT FRONT YARD SETBACK. FACE CHARGES OF STARTING _TOO SOON. Failure to ~emedy the co'nditions aforesaid and to comply with the applicable provision~ of law may constitute an offense puni:;hable by' fine or imprlzonmcnt or both. DATED: AUG. 2, 1990 SENIOR BUILDING INSPECTOR /~x~E~.m_~ .~x®l~xxxxx CURTIS [/. RORTON TOWN OF SOUTIIOLD BUILDING DEPARTMENT · SOUTHOLD, NEW YORK ~STOP WORK ORDER (Owner, Owner s Agent or Person Peftormmg Work; --' 'Aaares o~ ak~ove-n.amea person ' :' ~ ' ' · YOU ARE HEREBy NOT~IED TO SUSPEND ALL WORK AT: ~Aaaress where w~ m ~o e ~ppea~ ~ ' , TAX MAP NUMBER ~ ~ arSuanr re section /V~-- ~ ~ ~ of the Code of the Town of Sourhold, New York you are notified to immediately s~pend ~1 work ~d buiI~ng acti~ries ~ti[ this order h~ been rescinde~ .~. - _. __ /~ - ' ~ '- ~- -~ ~ ,~ ~-~ - CONDITIONS UNDER WHICH ~VORK MAY BE RESUMED: Failure to remedy the c6nditiotm aforesaid and to comply with the applicable provisions of ' law may constitute an offense punishable by fine or imprisonment or both. .! 15 ').0 ,..,Mr.,,,..1 I-fO t ¥: ' - SUFFOLK CO. HEALTH DEPT. APPROVAL H.S. NO. STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSA SYSTEMS FOR THIS RESIDENCE WlL CONFORM TO THE STANDARDS OF TH SUFFOLK CO. DEPT. OF HEALTH SERVICE (si , APPLICANT SUFFOLK COUNTY SERVICES -- FOR CONSTRUCTION ONLY DATE: H. S. REF. NO.: APPROVED: DEPT. OF HEALT APPROVAL O SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL. OWNERS ADDRESS: · , ,-' ... Rb'~TI~K VAN T...~L. P C ~ ~: ,,:., LICEN~D LAND ~RVEYORS " GREEN~RT ' NEW YOEK DEED: L.I~A p. TEST HOLE STAMp.:,; I.U {~ SEAL INSPECTION ':, !!:. '*' . SUFFOLK CO. H~ALTH DEFT. APPROVAl. H.S. NO. ' _ ~[TA~TEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISt~AI SYSTEMS FOR THIS RES~ WILl CONFORM TO THE SUFFOLK COUNTY DEPT.: SERVICES -- FOR APPROVAL -CONSTRUCTION ONLY SUFFOLK ~.' 765-1802 BUILDING DEPT. INSPECTION [,/]~UNDATION 1ST [ ] ROUGH PLBG. FOUNDATION 2ND [ ] INSULATION' t. FOUNDATION ( ls t) FOUNDATION ( 2nd ) ROUGH FRAME & .PLUMBING INSULATION PER N. STATE ENERGY CODE o o FI;IAL ADDITIONA'L COMMENTS: 765-1802 BUILDING DEPT. INSPECTION FOUNDATION 1ST [ ] ROUGH PLBG. FOUNDATION 2ND [ ] INSULATION FRAMING [ ]FINAL DATE ~/~/~;~_ INSPECTOR RESSA ~ NAPPI August 3, 1990 Victor Lessard Building Inspector Town of Southold Building Department Town Hall Southold, New York 11971 Re: Premises: 370 Uhl Lane, Orient, New York Dear Sir: Please be advised that relative to the above-captioned the undersigned acknowledges that the front yard set back to the garage is 48 feet rather than the required 50 feet. We hereby agree to apply to the Town Board of Zoning and Appeals for a variance of the 50 foot set back requirement and in the event that we are unsuccessful we warrant and agree to remove 2 feet from the garage so that the structure fully complies with the building code and zoning requirements of the Town of Southold. Very truly yo~' ANNE B. BURKARD 1~0~' 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) N°- !80'44 Z Dote ' / .7. Permission is hereby grante~,to: ~, ~ ch.e.....~.... ~ ...F.~ .... ~. ........ '~ .............................. : ................................ County Tax Map No. 1000 Section ...... .,~,.]..~...'~.. ...... Block .... .,~....,,'~,,. ....... Lot No......~...~..:../...~ ...... pursuant ,o application datecI ...~......(..? .......................... , 19.2~..., and approved by the Building Inspector. Building Inspector Rev. 6/30/80 u/ TOWN OF SOUTHOLD FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 ., 19 .°1. ., 19 .! pe=,t No.t suRvs~ ..... .o..ff.. ~.~- CHECK -~ SEPTIC FORM ...~.~ .......... Disapproved a/c ...................... ....................... (Building Inspector) APPLICATION FOR BUILDING PERMIT NOTIFY CALL ..... . Ilafo~' Date April 13, .................. ,19.8. INSTRUCTIONS a. Tlfis application must be completely filled in by Wpewriter orin ink and submitted to the Building Inspector, with 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 stree or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this app Cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such perm. 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 Occupant shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to tl- Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances r Regulations, for the construction of buildings, additions or alterations or for removal or demo ition,~4~rein describe~ The applicant aerees to comply with all applica[~ie laws, ordinances, bufljlir~de, housine code,.,a, fi'd rJ~g'~,,uiations, and admit authorizec~ inspectors on premises and in building for 40 Slocum Ave., Pt. Washington, N.Y. whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builde: ":;"~ ? F../...~.u.~.z. ~..e.r ......................................................................... owner of premises . .A.n.d..r.e.w. i~...~.n.n.e...B....B.u..r.k.a.r.c).'. ......................................... (as on the tax roil or latest deed) :: corporation, signature of duly authorized officer. amc and title of corporate officer) Ls~z~: No. Self · : No. oelf. I ;..:,.. Xo.Sq~.~ ................... on v. :urh proposed work xvill be done. Orient . ':ILL Lane Street Hamlet 5 4q. ., , m~on .................. ock Lot ~"~ ' ' "h~ Se~" ................... Filed Map No. 6160 167 '.amc) .... Lot ' '~ ~remises and intended use and occuponcy of proposed conslru~tion: .. Home l ~ ~. ................ O/e): New Building .. .X'.XAddition Removal ' ' ' ............ ~ 'Other'%~ork Estimatc'd Cost . . .$9.0, 000.00 .............................. Fee ........ (13'Cscnm,on Ifgara,.e fdwelhng units ...s~.n.g. le Nnn berofdw,,,.ti° b~ prod on fihng thtsapphcation) . , . -- ars . . .2 ........ el/lng t mrs on each Floor If business, COmmercia, t or mixed occupancy, snec ........ 7. Dtmens~ons of existing stmctt res r ...... " ~fY~na, ture and extent ot eact tyne of use ......... ............. Depth.).?.. . Height . . , . · . ' ........ Number of Stones 2 Dimensions of Same stmctur..,;. ,. · ' ............... ... Depth .... ,n a,teraUons or add tions' Front ................... · · . ti ,-o,.,*'oas m entire new Construction. Front ................... Number of Stones ............. 9. Sizeoflot Frgn't ...... ~1'~,~:~~ber°fSt°r/es . - ......... ear ...; ........... Depth . ' ...... · 12. Does proposed Construction violate any zo ' o · !3. Will lot be regraded . .No n:no laxv, ordinance or re"ulati 14. NNa~n~ee ~o~f ?w,ner of p, remisesAp.d.r. 9.w.&Anri~'ff~&/.~l.,..Wlll ex~c~=~obc~'.'r, em;~e~ from prem ;es: ..... ,'/' 'Nb' ' - utarcnitect ~eonard Kurk'o'~-~ ....... audress m- ,., ,u~ .qve. . - xes N NameofContractor Andrew Burkard ......... Address244-H Glen ~ovo~,,~ °'~-16''8'8-}v-8.2.61 · ,.~uuo~_a Town Trustees ~ . ,~- oJ. a tzdal wetland9 ~y~"e ..... · " PLOT DIAG RAM Locate dearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions fror property lines. Give Street and block number or descrip tion according interior or corner lot. to deed, and Show street names and indicate whethe STATE OF NEW YORK, COUNTY OF.. $.u.f foj.k ...... S.S ....... gn~-re'*'. N...B..u?kard (Name ' ',' ' .... · ...................... being dui,,, sworn, deposes and says that he ~bOve named, of l:ldls ,dual S,gning contract) ' ileisthe Owner / Builder (Contractor, agent, corporate --' ' ..................... oil:cc& crc.) ........... ~f raid OWner or OWners, and is duly authorized to perform or have performed tile said Work and to make and file this ~Plicatton: that all Statements contained in tiffs application are true to the best of his knowledge and belief; and that the · otk wdl be Performed in the manner set forth in thc application filed therewith. ........ 13th.. ....... day~. April ~ 8q "Y / ..... Co,,fy / / CA~o ~ ' R-200 R - 80 NOTICE OF HEARII~GS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, /~.'3' at the following times._~L.._ 0 p.m. Appl. No. 3969- ANDREW BURKARD. Variance to the Zoning Or- dinanca, Article iii, Section 100-32 for permission to con- struct two-foot extension of garage attached to dwelling with an insufficient front yard set- ~back. Zone District: R-40. Loca- tion of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivisnin Lot No. 167, Sec-, tion Three, Map 6160; 1000-15~ -~.~a.t~. 7:35 p.m. Appl. No 3974- DONALD L., OSANI (for GEORGE BRUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IliA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of Property: North side of Bayview Road and the West side of Reydon Driw, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980- VIRGINIA OLGA LEE. 1~2~4ce to the Zoning Or- ce, Article XXIV, Section B for approval of deck.,, addition to dwelling with an in sufficent sideyard setback and reduced front yard setback. Lot area is nonconforming in this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978- DONALD & DOROTHY SWAHN. Variances to the Zon- ing Ordinance, Article III, Sec- tion 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area' and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending divi- sion of land. Zone District: i R-40. Location of Property: 'South side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. 7:50 p.m. Appl. No. 3971~ VALERIE M. KRAMEI0) Variance to the Zoning Or- dinance, Article XXIII, Section 239.4B and Article XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) proper- ty line along Manhanset Avenue. Lot area of parcel is nonconfor- ming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County ~ax Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976- THOMAS AND MARIAN SANTACROCE. Special Excep- tion to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct off- premises ground sign to adver- tise for business purposes. Loca- tion of Property for Sigd? Southeast corner of Shipyard lane and the Main Road, East Marion, NY; County '13.x Map Parcel No. 1000-38-1-1.2 8:00 p.m. Appl. No. 3972- PETROL STATION LTD. Variance to the Zoning Or- dinance, Article VII, Section 100-72 for approval of propos- ed Lot No. 4 which will have in- sufficient area in this Residential-Office (RO) Zone District. Location of Property: North side of the Main Road (265± feet west of Alvah's Lane), Cutchogue, NY; County Tax Map Parcel No. 1000-109- .... 1-23. 8:05 p.m. Appl. No. 3977- BETTY J. COP~Variance to the Zoning O~ce, Article III, Section 100-33B(4) for per- mission to locate accessory (garage} building partly in th~e~,~ side yard and rear yard with setback at less than the required 20 feet from the southerly pro- perty line. The lot area of this parcel is nonconforming at 40,000 sq. R. in this R-80 Zone District. Location of Property: 2195 AIbertson Lane, Ar- shamomaque, Gseenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979- THOMAS J. GORMAN. Var- lances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two ac- c~sory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Loca- tion of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 39687o IRENE R. MILLER. Variaoc~ to the Zoning Ordinance, Arti- cle IliA, Section 100-30A.3, and Article XXIII, 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 us 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 Hun- tington Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68- 3-10. 8:35 p.m. AppL No. 3975- ARTHUR G. CARLSON. In- terpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved, f by the Building Inspector) fo¥' approval of mariculture uses to include delivery an~i storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off- premises consumption. Zone District: Agricultural- Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. 8:45 p.m. Appl. No. 3788- SUN REFINING & MARKET-~ lNG. Variance to the Zoning dinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and ac- cessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to height limitation of accessory (canopy) structure. Location of Property: Corner of the Easter- ly side of Factory Avenue and Northerly side of the Main Road, Mattituck, NY; 1000-142-1-27. ers Recessed from Se~.t00ember 26, .1990: p.m. Appl., No. 3955~ DOMINICK SBLENDIDO & A. AURICCHIO. :. 9:10 p.m. AppL No. 3938- VILLAGE MARINE. · The Board of Appeals will said time and place hear any anti all persons or representatives desiring to be heard in each of ~the abo~ matters. Writ~n com- ment~ may~lllso be submitted prior to the conclusion of the subjcct hearing. Each hearing will not start before the time allotted. Additional time for your presentation will bc available, if needed. For more information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD ..'.~', '~: ' OF APPEALS GERARD P. GOEHRINGER ~;Q~?/: .: CHAIRMAN : ~ By: Linda Kowalski t ~'?:' ~:!'~ ', IX-10/25/90(2) ,~;;:,~!,;~: .; :' tg.Lp~ 7:~ P.m. A~. No. 2~71 ~ Av~ ~27~~ f~ ~w v~ ~ ~ ~ H~ ~ ~ ~m ~; ~ ~ ~ ~ N~ sM~ ~r m~. f~ off- N~ ~ H{BY ~, ~~fa ~ 1~31~~m 13~ NY 11~71, ~ THU~DAY, ~ms.~of~flyf~ NOV~ 1, 1~90, at ~e ~~~ ~:30 p.~ ~1. No. 3~ ~~' B~- ' l~l-l~ ~s~ ~ ~ ~ P~ STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Christina Volinski of Mattituck, in said County, being duly sworn, says that he/she is PrincJpal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituek, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed cop/, has been regularly published in said Newspaper once each week for I weeks successively, commencing on the 25 day of October 19 90 Principal Clerk Sworn to before me thb ?~'/~ day o~' 19 ~g)~,~TmclA' M . FICNER  ~ PU~, State of New York ~. ~75124 ~ ~/ ~81~ in Suffolk ~n~ ~ 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 Southold, 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 ..................... /'. .... weeks successively, commencing on the ........... ~ .~. ...... day of ..... .~. ...... 1 9 .~.~... Sworn to before me this .......... .'.'.~.?..~. ..... day of Notary Public P,~,q~"~. ~. ,~,~NLqDF. R Oualif~d i. S~ffMk ~. BOARD OF APPEALS, TOWN OF SOUTHOLD ,~ In the Matter ot the Petition of : to the Board of Appeals of the lown of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~._ariance~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is tJ~e,subjec;t of the Petitionj~s located adiacent tp your.property and is des- cribed as follows: h~t~)property which is the subject of such Petition is located in the following zoning district: J - - _. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought b~ the under- signed are ~ticle [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.' 6. ~hat within five da~s from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then a,d there examine the same during regular office hours. (516) 7~5-1809. 7. That befure 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 Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner .,~ ~',~ Owners' ~ames: Post Office~dress [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAMI~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ./~'.7~//f/"~.::~-~,/~,/~-~/~'~',,/"/, ~ ~ . being duly sworn, deposes and says that on the // day of ~~ ' . 19 ~, deponent mailed a true copy of the Notice set forth on the re- verse'side~ereof,'directed to each of the-above-named persons at the addresses set opposite their r~tive names; that the addresses set opposite the names of said persons are the addresses of said persons as~own on the curr~ asse~mep~ ~JI o~ the Towp of Southold; that said Notices were mailed at the United States Post Of- ~~ ~/~/~ ; that said Notices were mailed to each of said p~sons by ~ ~otary Public ~ ~ (This side does not have to be completed on form transmitted to adjoining property owners.) SUFFOLK CO. HEAl, TH DEPT. APPROVAL H.S. NO.___ THIS' R E$1DEN(~£ WILL~ CONFORM TO THE STANDARDS OF THE' SUFFOLK CO. DEPT. OF HEALTH SI[RVICES. (st A ; CANT · SUFFOLK COUNTY SERV ICES~ -:--- FOR CONSTRUCTION ONLY DEPT. OF APPROV A~. OF H. S, RI[F, NO.: APPROVED: : CO. TAX I~AP DESIGNATION: DIST, SECT. BLOCK PCL 'p, SEAL .( FIRST FLOOR PLAN ~ 1/4' equa~ 1'-~ © © Plan No. 1~422 Framing Lumber S~ecifications stress rated frying m~mbers shall be used which equal or ~0~eed the following e~ec- ifications. If lower grade 1L~ber is used, e~cessive deflection may, occur. .lst FIX]OR JOISTS 40 PSF Live Lc~d - 10 PSF Dead L~ad L/360 2 x 10 ~ 16" o.c. Max. s~an 11'-8" E = 1.2 X 10~ PSI Fb= 1150 PSi 2nd FEi]OR JOISTS 30 PSF ~Ne b~ad - 10 PSF Dead L~ad L/360 2 x-10 · 16" o.c. Max. span 12'-0" E-- 1,2 x 10~ PSI Fb= 1150 PSI C~ILING JOISTS 20 PSF Live Lc~d - 10 PSF Dead Load L/240 2 x 8~ 16" o.c. M~x. sDan 14'-9" E = 1.2 x 10~ PSI Fb~ 1150 PSI The manufacturer shall be fully responsible required by the drawings. Trusses shall be designed with a safety factc~ ~fficient live and d~ad lceds. P L _ I OND Install 6 mil. vapor barrier @ ext. walls, ceilings and under slabs. Install r~mote control garage dooc opener @ O.H. door with switch @ house. Carpet all areas unless otherwise si]own. Door fraa house to garage shall be solid core, self-closing. A]] openir~s to have 2-2x12 headers unless si~_eified o~lerwise. Rough ~pening height Z,