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HomeMy WebLinkAbout3814 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. JOSEPH R. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appeal No. 3814: Application for RYCK KOCK for a Variance to the Zoning Ordinance, Article III-A, Section 100-32A and Bulk Schedule for approval of swimming pool with fence enclosure in the side yard area. Zone District: R-40. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. WHEREAS, a public hearing was initially held and a two-to-one vote was recorded on January 12, 1989 in the Matter of the Application of RYCK KOKE under Appeal No. 3814; and WHEREAS, on January 23, 1989, the Board Members unanimously voted to reopen the public hearing to allow questionning, if needed, by two Board members who were not present at the initial hearing; 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 easterly side of Kimberly Lane, in the Hamlet and Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 70, Block 13, Lot 20.2. 2. The subject premises is known and referred to as Subdivision Lot No. 2 on the Map of Paradise By The Bay, Map Southold Town Board of Appeals -2- April 13, 1989 Regular Meeting (Appl. No. 3814 - KOKE decision, continued:) No. 6463, filed November 4, 1976, contains a total area of 48,00~sq. ft., road frontage of 165.58 feet, average lot depth of 282.31 feet. 3. The subject premises: (a) is improved with a single-family, one-and-one-half story frame house and attached garage, all as shown on survey revised September 1, 1988, prepared by Peconic Surveyors & Engineers, P.C. (b) is located in the R-40 Zone District; (c) is situated along Jockey Creek; (d) has variable contours at five feet above MSL and 9.4 feet above mean sea level between the westerly property line and the easterly property line {bulkhead}. 4. By this application, appellant requests a variance from Article III-A, Section 100-32A, (renumbered Section 100-30A.4) for approval of swimmingpool construction with fence enclosure located in the yard area just southerly of the existing dwelling. 5. Article III-A, Section 100-32-A and Article III, Section 100-33 of the Zoning Code requires accessory buildings and structures or other accessory uses to be located in the required rear yard. 6. The rear yard area on this lot is that area located between the easterly side of the existing dwelling and the bulkhead along Jockey Creek. The distance between the existing dwelling and the bulkhead is shown on the survey to be 88.3 feet. 7. The area of the construction under consideration in this variance application, inclusive of the wooden decks and fence enclosure, is immediately south of the dwelling, all of which is in line with the front and rear lines of the dwelling structure. Southold Town Board of Appeals -3- April 13, 1989 Regular Meeting (Appl. No. 3814 - KOKE decision, continued:) 8. For the record, it is noted that: (a) an agreement was entered into between the applicant and the nearest resident to the south to purchase the middle lot for the purposes of increasing the size of each dwelling lot; (b) a verbal authorization was given on April 12, 1988 by the Building Department to start construction based upon the agreement to purchase the middle lot and based upon the contractor's intent to attach the pool to the dwelling construction with deck areas, with setbacks no closer than 15 feet to the southerly property line {see sketch submitted with building permit application); (c) a conditional Wetlands Permit was issued for all new construction under No. 416 by the Southold Town Trustees on July 27, 1987. 9. It is not unreasonable to locate construction of this nature at the highest and best contour points of the land, as proposed in this application. 10. In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the location of the inground pool construction as requested will not be adverse to the essential character of the neighborhood {there is an existing inground pool on the adjoining premises to the south of this construction area}; (c) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (d) in carefully considering the entire record and in viewing the character of the land and the general waterfront community, it will be within the best interests of justice to grant relief, as applied. Southold Town Board of Appeals -4- April 13, 1989 Regular Meeting (Appl. No. 3814 - KOKE decision, continued:) Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3814 in the Matter of RYCK KOKE for the location of an inground pool with decks and fence enclosure, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Minimum three-foot setback from the southerly property line; 2. That the existing area between the deck and the dwelling be movable in order to allow easy access for emergency equipment in the event of an emergency. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki, and Dinizio. This resolution was unanimously adopted. lk CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOIVN CT.T,~P~ DATE '~/~/~ HOUR //.'/o ~ .~. Town Clerk, Town of Southol4 ? Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICK] JAMES DINIZIO, JR. 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, MARCH 9, 1989, at the following times: 7:30 p.m. Appl. No. 3826 GLADYS W. HOWELL. Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure, in this Residential-Office (RO) Zone District. Location of Property: 51470 Main Road, Southold, NY; County Tax Map District 1000, Section 70, Block 2, Lot 2. 7:35 p.m. Appl. the Zoning Ordinance, XXIV, Section 100-244 insufficient front yard setback. Lot area of premises is nonconforming at approximately 11,300 sq. ft. in this R-80 District. No. 3825 - SUSAN A. FORBES. Variance to Article III, Section 100-31, and Article for approval of open deck addition with an Zone Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 7:40 p.m. Appl. No. 33813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances to the Zoning Ordinance, Article III, Section 100-32C and Column iii of the Bulk Schedule, for permission to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Private Road #11 (also referred to as Aldrich Lane Extension), extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. 7:45 p.m. Appl. No. 3828 - ROSEMARY SULLIVAN. Variances to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct 10' by 14' addition (replacing existing deck) with an insufficient rearyard setback and in excess of the maximum 20% lot coverage requirement. Zone District: R-40. Location of Property: 5365 Peconic Bay Boulevard, Laurel, NY; County Tax Map District 1000, Section 128, Block 1, Lot 11. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 7:50 p.m. Appl. No. 3823 - THOMAS THOMPSON. Variance to the Zoning Ordinance, Article III, Section 100-32, and Bulk Schedule, for approval of existing swimmingpool with deck areas which will have an insufficient rearyard setback when attached by a raised deck to the rear of the existing dwelling. Zone District: Agricultural-Conservation (A-C). Location of Property: 2890 Bridge Lane, Cutchogue, NY; Lot #10 on Map of Ismar Acres (Approved March 13, 1973); County Tax Map District 1000, Section 85, Block 2, Lot 22. 7:55 p.m. Appl. No. 3830 - REV. CHARLES BELL. Variances to the Zoning Ordinance, Article III-A, Section 100-32A, and Bulk Schedule, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Zone District: R-40. Location of Property: 1330 Donna Drive, Mattituck, NY; Lot #32, Deep Hole Creek Estates; County Tax Map District 1000, Section 115, Block 15, Lot 15. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 8:00 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the Zoning Ordinance, Article III-A, Section 100-32A, for approval of swimming pool with fence enclosure in the side yard area. Zone District: R-40. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.~,/ 8:10 p.m. Appl. No. 3824 - NICK AND KATIE NICKOLAUS. Variance to the Zoning Ordinance, Article III, Section 100-33 (previously 100-32) for permission to locate accessory building in an area other than the required rear yard. Zone District: R-80. Location of Property: 17555 $oundview Avenue, Southold, NY; County Tax Map District 1000, Section 51, Block 1, Lot 2. 8:15 p.m. Appl. No. 3811 - RICHARD AND JANET SCHLUMPF. Variances: (a) to the Zoning Ordinance, Article III-A, Section 100-32A for permission to construct principal building with an insufficient front yard setback, and (b) pursuant to New York Town Law, Section 280-a for approval of access over private right-of-way referred to as Silkworth Road extending from the east side of Westphalia Avenue (Road), Mattituck, NY. Zone District: Pleasant; Lot 12. R-40. Location of Property: Lot #1, Map of Point County Tax Map District 1000, Section 113, Block 9, Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 9, 1989 8:20 p.m. Appl. No. 3785 - RAYMOND F. NINE, PAMELA NINE AND CHARLES ZAHRA. Special Exception to the Zoning Ordinance, Article III-A, Section 100-3iA(B) for permission to establish "Bed and Breakfast Use," 'an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms,' in conjunction with owner-occupancy as a single-family dwelling use. Location of Property: North Side of New Suffolk Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, Lot 20. Zone District: R-40. 8:30 p.m. Appl. No. 3829 - FRED RENGANESCI and BARBARA REITER as Applicants for a Reversal of a Determination by Building Inspector to Grant Building Permit No. 17508-Z dated October 6, 1988 concerning a proposed "steel building for indoor storage of boats" to be located at premises referred to as "MATT-A-MAR," now or formerly owned by Wickham Road Marina, Inc. Zone District: Marine (M-II). {Previous Zone District: B-Light Business}. Application was filed citing the Page 6 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of March 9, 1989 prior Zoning Code, Article VI, Sections 100-60 and 100-61, and Article XIV. New Zoning Code citations refer to Sections 100-121 and 100-122, and Article XXVII for the same or similar provisions for this M-II Zone District. Property Location: West Side of Wickham Avenue, Mattituck, NY; County Tax Map District 1000, Section 114, Block 3, Lot 1. 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. For more information, please call 765-1809. Dated: February 9, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about February 17, 1989: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board ZBA Board Members (with file copies) ZBA Individual Files Mr. Gary Williams, PO Box 1415, Southold, NY 11971 (for Howell) Ms. Susan A. Forbes, Box 802, Orient, NY 11957 Mr. Kenneth Hills, Mountain Home Builders, Inc. 24 South Court, Roslyn Heights, NY 11577, (for S. Hills) Mark Finne General Carpentry, 1370 Lighthouse Road, Southold, NY 11971 (for Rosemary Sullivan; for Rev. C. Bell) Mr. Thomas Thompson, 2890 Bridge Lane, Cutchogue, NY 11935 Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - March 9, 1989 Copies to the following on or about 2/17/89 (continued): Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 (for R. Koke) Mr. and Mrs. Nick Nickolaus, 30 Buttonwood Drive, Dix Hills, NY 11746 Southold Pools, Inc., Box 539, Southold, NY 11971 (for Nickolaus) Karen J. Stretz, Esq., Wickham, Wickham & Bressler, P.C., Main Road, Box 1424, Mattituck, NY 11952 (for Schlumpf) Daniel C. Ross, Esq. or Eric J. Bressler, Esq., Wickham, Wickham and Bressler, P.C., Main Road, Box 1424, Mattituck 11952 (for Nine and Zahra) Mr. Raymond F. Nine, New Suffolk Avenue, Mattituck 11952 Ms. Pamela Nine, New Suffolk Avenue, Mattituck 11952 Mr. Charles Zahra, Box 1137, Mattituck, NY 11952 Mr. and Mrs. John DeReeder, New Suffolk Ave, Mattituck 11952 Harold and Ernest Wilsberg, Box 1429, Mattituck 11952 (as adjacent property owners) Daniel C. Ross, Esq., Wickham, Wickham & Bressler, P.C., Main Road, P.O. Box 1424, Mattituck, NY 11952 (for Renganesci . and Reiter) in the Matter of Matt-A-Mar Permit #17508Z Wickham Road Marina, Inc. c/o Marr-A-Mar Marina P.O. Box 1235, Mattituck, NY 11952 Matt-A-Mar Marina, Box 1235, Mattituck, NY 11952 Mr. Victor Lessard, Principal Building Inspector James A. Schondebare, Town Attorney Robert H. Berntsson, Assistant Town Attorney $outhold Town oard of Appeals . . APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pu~'suant 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, JANUARY ~, 1989, at the following times: 7:32 p.m. Appl. No. 3809 - STEPHEN AND DONNA GRZESIK. Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition to dwelling with an insufficient rearyard setback. Location of Property: 62215 (309) North Road, Greenport, NY; County Tax Map District 1000, Section 40, Block 1, Lot 3. 7:35 p.m. Appl. No. 3810 - ANTHONY AND ROSEMARY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory tennis court, swimmingpool, and fence enclosure(s) in the frontyard area. Location of Property: North Side (~16705) Marion, NY; County Tax Map District 1000, Lot 14.6. Main Road, East Section 23, Block 1, Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 7:38 p.m. Appl. No. 3817 - DORIS K. BROWN. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in the frontyard area. Location of Property: Private Right-of-Way located off the north side of Bergen Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 17. 7:43 p.m. Appl. No. 3816 - WILLIAM AND THERESA PARK. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of addition to accessory building with insufficient setbacks from property lines. Location of Property: Westerly Side of Bennett Lane and the South Side of Pine Neck Road, Southold, NY; County Tax Map District 1000, Section 70, Block 9, Lot 1. 7:48 p.m. Appl. No. 3820 - GUNTHER AND KAYLA STOTZKY. Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Location of Property: East Side of Osprey Nest Road, Greenport, NY; Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 7:53 p.m. Appl. No. 3802 - HOWARD LUCAS/ALICE HUSSIE. Special Exception to the Zoning ordinance, Article VII, Section 100-70B for permission to establish car dealership (and sign) in this B-1 General Business Zone District. Location of Property: West Side of Horton's Lane, Southold, NY; County Tax Map District 1000, Section 59, Block 3, Lot 32.1. 8:00 p.m. Appl. No. 3912 - PETER AND JANICE STEIL. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory swimmingpool in the frontyard area. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000, Section 5, Block 2, Lot 7.4. 8:03 p.m. Appl. No. 3815 - ALFRED FALKOWSKI. Variance to the Zoning Ordinance, Article IX, Section 100-93, Bulk Schedule, for permission to locate new principal building in this C-1 General Industrial Zone District with an insufficient frontyard setback. Location of Property: 8595 Cox Lane and South Side of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 83, Block 3, Lot 4.6. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 8:05 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the ~ ing Ordinance, Article III, Section 100-32 for approval of ~ essory swimming pool wit? fence enclosure in the sideyard ( a. Location of Property. 245 Kimberly Lane, Southold, NY; ~ / P.aradise BY the Bay Subdivision Lot No. 2; County Tax Map ~ ~ District 1000, Section 70, Block 13, Lot 20.2. ~ 8:10 p.m. Appl. No. 3806 - DORIS PRICE MOELLER FOSTER. Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient lot width (frontage) of proposed Parcel No. 1 in this pending Minor Subdivision. Location of Property: West Side of Little Neck Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lot 13. 8:15 p.m. JOSEPH AND BETTY HARDY. South Side of Main Road, Mattituck, NY; 1000, Section 114, Block 11, Lot 5: (a) Appl. No. 3747 - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B, for permission to construct wholesale storage building, accessory to plumbing use; and Location of Property: County Tax Map District Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 (b) Appl. No. 3746 - Variance to the Zoning Ordinance, Bulk Schedule, Article VIII, Section 100-81, for permission to construct wholesale storage building for plumbing business use. 8:25 p.m. Appl. No. 3810 - WILLIAM J. BAXTER, JR. Special Exception to the Zoning Ordinance, Article XIII, Section 100-80B for permission to utilize existing building and premises for assembly and manufacture of classic cars in this "C-Light Industrial" Zone District. Location of Property: North Side Main Road and West Side Elijah's Lane, Mattituck, NY; Proposed Lot No. 1 as shown on Map dated October 12, 1988; County Tax Map District 1000, Section 108, Block 4, Lot 10. 8:30 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 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. For more information, please call 765-1809. Dated: January 3, 1989. BY ORDER OF THE $OUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ,0oo s¢~,,o, a ~.~ ...... .,o~ ~/~'"'~i ~ County Tax Map No. · · ~ ~ ........ ~ocl~ ..... ,/.~2 ..... Lot .o,Sf-d....,~... is r~eturned herewith anti.disapProved on the ~llowing grounds .~. ~~,, ~-~~ Building Inspector RV 1/80 'FORM NO. 1 OWN OF SOUTHOLD ILDING DEPARTMENT TOWN HALL UTHOLD, N.Y. 11971 TEL,: 765-1802 Examined ................. 19... Approved ................ , 19... Permit No ............ Disapproved a/c ~ .~... ~...~ ~ .~./..~~ BOAR~IpF HEALTH ...... 3 SE~nlll~OF PLANS .~.~.-- SURVEY .......... CHECK .......... SEPTIC FORM ............. : NOTIFY CALL ................ MAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS ....... a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of properW must be drawn on the diagram which is part of this appli- 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 will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. , ... ~.... ~£.cx.c. 7..c...3'..c.~.%.. z-...,v:c.: ....... -:. (Signature of applicant, or name, if a corporation) .~e:. ~ ,: .~...u..~?.,... ~/¢~.w:/./.7.~./~...;' .... (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner o f premises ...... ~.../?.:.. pt:...J~..~.~.......~..~. .... /.<'~/.~..~. ............. ~)/.~. ~...~..~.~ ~... (as on the tax roll or latest deed) I.f.~~t is a corporation.~si~pa, tur%of duly authorized officer. (Name and title of coffobrate officer) · Builder's License No ........ ~..~,:~, ~../~..._~-.. ...... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... I. Location of land on which proposed work will be done~ .... .~./.(~../3...t~.~.~. ~....~/,~../?~ . .~..d.l.~./~...~..~.q.. ....... · .:..~.~¥ .... ~..,~..... kt~?.~g.~.t. ~' ..... ,t,q:¢~-.-..~ ..... .g..~.¢.7~..¢~9... ~.... ~..../,~ ~/ ........ House Number Street Hamlet County Tax Map No. 1000 Section ..... O...~O. ....... Block ..... [~. ......... Lot... c~.O.,...~ ....... Subdivision...F.~./.~../.?/flX'-...~.. f.~//Z:../~/..~.... Filed Map No .... ~'~' 6 '-'~' - Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ............. .~..~k-.~.I./'ff~:~'''./.'~/.L. ....................................... b. Intended use and occupancy ............... .,~..~./. ,f~· ~/; .7'0. ~..~..~ .... .L~.. !..~......~..~..~. ............... 3. Nature of Work (check which applic : New Building ..... ' ..... ;Addition ."~r. :::...~~tion .......... Repair ........... Removal .............. Demolition., ..... ~n, ..... Other lVlhr/¢ ............... . t~ (Descnpllon) ' -tat 4. Estimated Cost ~.~?..~.. ~ F-,, ~'""~ - ~.'~'~_o~oe paid o~nrfihng Is apphcat:on) 5. If dwelling, number of dwelling units ............... Number of dwelling units ~n each floox: ......... If garage, number of c~s .................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Sto~es D~ensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... HeiSt ...................... Num her of Stories ...................... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height ............... Number of Stories 9. Size of lot: Front ...................... Rear ................ Depth ...................... 10. Date of Purchase ............................. Name of Fomer Owner ' 11. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ........... ~.,.. · ~ ......... Will excess fill be removed from premises: Yes 14. NmeofOwnerofpremises I<Old~ ~ .... ~e~*~Ox~* p .... Nme of Architect ........................... Address ............. , ...... Phone No. N~e of Contractor ~- /gkTtt 9r ~ ..................... Address .~$~ ~e~q (<. .... Phone No. [5. Is this property located w~th~n 300 feet of a t~dal wetland? ~Yes ..... No ..... ~If yes, Southold Tom Trustees Pemft maybe requfred. ~ W PLO~ DIAG~M Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. STATE OF NEW YORK, COUNTY OF .... S.S ................................................. being duly sworn, deposes and says that tie is the applicant (Name of individual signing contract) ~bove named. ife is the (Contractor, agent, corporate officer, etc.) )f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this ~pplication; that all statements contained in this application are true to the best of his knowledge and belief; and that the .york will be performed in the manner set forth in the application filed therewith. 5worn to before me this ................ {.,~ ..... dayof...~ ............ 1 .~.." \'Otary Pub,ic .... :~_.¢.~<..~/~: D~ .~..~...~.. ....... County ~ / .... . No,_4707878. Suffolk Courted iem txl~res Ma~ch 30, lq a ,7 TOWN OF SOUTHOLD, NE~ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .....~..~..(....q.. ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .I:R]][~.~,...B:FLrJ~ ................................. of L~RJ~..~.QO.O.,...~.,.Q,..,I~:R¢..],~I~.~. ............................ Name of Appellant Street and Number Southold N.Y. ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR/ PERMIT X~:~ ..................................... DATED ...4/.~,;~/.~fJ ...................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of .. z. zz.. .............................................................. Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRJCT 1. LOCATION OF THE PROPERTY 2..4..~..~.r...lY.....Lg.:.,...S..o...u, tl~..o...1..d.L...N~.. ........ '~..A.'.'.Z...R~...s.:../.A..c~..'.3-.: ...... Street Use District on Zoning Mop ...~.6..4..6..3. ...................... : ................. .~.2. .......................... Current 0~ner ~1¢ ~r~¢~ Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.} Article I'rI, Section 100-32 (B) & (C) 3. TYPE OF APPEAL Appeal is made herewith for (×) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit ( ) request for a 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 for the reasonthot Applicant seeks permit for construction of with deck, located an inground swimming pool, in side yard of subject property. Form ZBI (Continue on other side) REASON FOR APPE~AL Continued ]. STRICT APPLICATION OF THE ORDthIANCE would produce procticaldifficultiesorunneces- sary HARDSHIP because The construction of the pool apd deck was was commenced and has been completed with the understandilg: (1) that applicant would be purchasing one-half of the building lot (Lot #3) to the south of the subject property and that the ~]eck set-back would then not be an issue and, (2) that the location of the swimming pool was acceptable to the building department due to the additional land purchase. The proposed purchase plans c?anged when the neighboring property owner (Lot #4) expressed his c. esire to relocate the existing right of way along applicant's southerly boundary and chose to purchase the entire of Lot #3. 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 A swimming pool located in the rear yard would present a distinct threat to the integrity of the existing bulkhead, due to the excessive weight and pressure which would be exerted against this man-made structure during, and as a result of, construction. The unique circumstance of this sideyard location is further supported by the factors set forth in paragraph 3 below. In addition, careful thought has gone into screening this construction from view with attractive fencing and landscaping, in keeping with this developing neighborhood. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because Some unique factors exist which bring this construction in line with the spirit of the zoning ordinance and the character of the surrounding neighborhood: (1) The property adjacent to and most nearly bordering this construction, although residential property, is intended for accessory uses only. Constructed on this property are a tennis court and a swimming pool complex, (2) An existing right-of-way, for the common use of the lot owners in this subdivision, is to be relocated and will run along the entire southerly boundary of the applicant's property, effectively creating a buffer between the properties. STATE OF NEW YORK ) ) COUNTY OF C~fAO%) ~ Signature ................ Sworn to this ..... ~ ........ Z~- ....................... day .................. ~ ~ANA FOST~R ~ ~BLIC, STATE OF NEW YORI& ×~s3 .?a-/.~-2,. OWN ~OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. ' LOT FOYER OWNER N E A~R. .-~ S W ~PE OF BUILDING ' ~ND IMP. TOTAL DATE R~RKS 'illafile FRONTAGE ON WATER /~.f ~ 2o. / V~l~nd F~ONTA~E ON Aead~d DE~H tou~ Plot BULKH~D 'ota I COLOR TRIM Extension Extension Porch Porch Breezewm/ G~mge Patio Total Fou~tion "~p~.. Bath Basement ~'~J L t Floors , ~ Ext. Walls Interior Finish Fire Place k .. L~/.) Type Roof Recreation Room Oornqer Heat Rooms Ist Floor Rooms 2nd Floor i Driveway '  inette ~'~ LR. Ay./B( DR. FIN. B Z LOT I N.86006'50"E S. 89"8, 50.'~!, LOT AREA · 48,676 SQ.FT. 288.82' APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 May 10, 1989 Rudolph H. Bruer, Esq. Edson & Bruer Main Road Southold, NY 11971 Re: Appeal No. 3814 - Ryck Koke (Variance) Dear Rudy: Transmitted herewith for your information and file is a copy of the response received by our office from the Suffolk County Department of Planning in accordance with our referral under the Suffolk County Administrative Code requirements. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure DEPARTMENT OF' PLANNING COUNTY OF SUFFOLK PATRICK G, HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING May 8, 1989 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant (s) Municipal File Number(s) Ryck Koke 3814 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ' SOUTHOLD, L.I.. N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. OOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. 'SERGE DOYEN, JR. ROgERT J. ,.,n,,,-., JOSEPH H. SAWlCKI .~nJ~a~es Dinizio, Jr. Pursuant to Article XII! of the Suffolk County Charter, the Board of Appeals of the Town of Southo]d, New York, hereby refers the following to the Suffolk County Planning Commission: ~ Variance from the Zoning Code, Article III, Section 100-32 Variance from Determination of South61d Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3814 Applicant: Ryck Koke Location of Affected Land: 245 Kirmberly Lane, County Tax Map Item No.: 1000- 70-13-20.2 Within 500 feet of: Town or Village Boundary Line Southold, NY X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Owned by the County or for Which The County Has Established Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting ~~x~ of r swimming pool with fence enclosure in sideyard area. Land Channel Channel tr Copies of Town file and related documen:s enclosed for your review. Dated: ~ay 2, 1989 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 April 28, 1989 Rudolph H. Bruer, Esq. Main Road, P.O. Box 1466 Southold, NY 11971 Re: Appl. No. 3814 - Ryck Koke (Variance) Dear Rudy: Transmitted herewith for your records is a copy of the Board's determination recently rendered in the above matter. Please be sure to return to the Building Department for appropriate permits and other approval(s). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Building Inspectors Office of the Town Attorney(s) Lot width (feet) Lot depth (feet) Front yard (feet) Side yard (feet) Both side yards (feet) Bear yard (feetl Liable floor area (~uare feet per dwelling unit) Maximum permitted dimensions: ( ( ( ( Column No. i /i iii iv v vi vi/ ix x District A-C R-4{ ~R-6O a-120 R-200 R-400 HD RR RO dwdlingst Where Community 2-Family Detached 10,06O 160,000 60 270 80 400 30 60 15 30 30 6O 30 85 85O 850 20 20 20 10 5 5 25 25 20 25 10 35 35 35 35 35 35 35 35 35 35 35 2~ 2~ 2½ 2½ 2½ 2½ 2½ 2½ 2½ 2½ 2½ ~ See text of chapter and Density and Minimum Lot Si~e Schedules for applicable districts. ~ Except one-bedroom or studio in multiple dwelling may have six hundred (600) square feet. Minimum floor area may be reduced up to two hundred (200) for moderat~ and/or Iower-c~t dwellings, ~ Except one-bedroom or studio in multiple dwelling may ha~e six hundred (600) square feet. 2- 25- 89 R-SO A -C R -80 HD R-80 A-C A-C SOUTHOLD R -40 / / / / ! Sou hold Town Board of peals -42- January i 1989 Regular Meeting (ENVIRONMENTAL DECLARATIONS, continued:) Vote of the Board: Ayes: Messrs. Goehringer, Dinizio. (Members Doyen and Sawicki were absent.) resolution was duly adopted. Grigonis and This ~INUTES. On motion~er, seconded by Mr. Dinizio, it~~ RESOLVED, to APPR~~ of the following Meetings of the Board of Appeals:/ '~ -~. December 8, 19~Regular Meeting (Pp. ~-2~,~s trans- cripts/6f hearings); ~ November/~6, 1988 Special Meeting (Pp. 1-38). ~ _ /~V?t_e.o.f .the B~ard: Ayes: Messrs. Goehringer, ~ G~r.ig~is and Dinizio. (Members Doyen and Sawicki were absent.) ~ resolution was duly adopted. DELIBERATIONS/DECISION: Appl. No. 3814 - RYCK KOKE. Hearing held and concluded earlier this evening. The Board Members deliberated and took the following action: WHEREAS, a public hearing was held and concluded on January 12, 1989 in the Matter of the Application of RYCK KOKE under Appeal No. 3814; 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; NOW, THEREFORE, on motion by Member Dinizio, seconded by Member Grigonis, it was Southold Town Board of Appeals ~43-January 12, 1989 Regular Meeting (Deliberations/Decision, continued:) RESOLVED, to DENY the relief requested under Appeal No. 3814 in the Matter of RYCK KOKE for the following reasons: 1. Practical difficulties claimed are self-created and there is no question that same was constructed without issuance of proper and valid permits; 2. There is an alternative to locate the subject structures closer and attached to the residence with the minimum setbacks for a principal structure (presently minimum sideyard at 15 feet), rather than as applied. Vote of the Board: Ayes: Members Dinizio and Grigonis. Nay: Chairman Goehringer. (Absent were: Members Doyen and Sawicki). This resolution was deemed to be lost. Chairman Goehringer offered a motion to approve conditionally the relief requested, provided that a three-foot setback be gained by cutting back the deck on the south side. No one seconded the motion. The motion was lost. ~EST FOR REHEARING: The Board Members~o/nonsidered the ~eque~t fo_~rehearing received January 9, tm~89 from Eric J. ~ressler, Esq.~cD~cerning Appl. No. 3785 .-~ATTER OF RAYMOND NINE AND CHARLES Z~ Bed-and-Breakfast/proposal (see letter dated January 6, 1989~.~The Board ~ asked whether or not they would like to offer a mot~ to r~e~ear, and no motion was offered. However, the Board"M~b~ ers urged the property owner/applicant instead to ~l~with a~new application by the new (proposed) property o~ w~th ~pp~opriate documentation and ~es~imony {rather than~b~ rehearing on ~gpplication filed by a ~if~erent applicant}/ (It is noted for the~inutes that the Department of the j~6ard of Appeals was not awa~e~of the Article 78 proceeding f~]~d with the Town Clerk's Office ~lier today concerning th~/decision rendered by the Z.B.A. on th~ed and Sreakfas~lcation by Charles Zahra and Raymond Nine~ Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE OOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIT[O, JR. TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING - JANUARY 12, 1989 Appl. No. 3814 - Matter of RYCK KOKE for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of accessory swimmingpool with fence enclosure in the sideyard area. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; and James Dinizio, Jr. Absent were: Serge J. Doyen of Fishers Island (due to poor flying conditions) and Joseph H. Sawicki (out of state). Also present were: Linda Kowalski, Board Secretary, and approximately 25 persons in the audience at the time of this hearing. The Chairman opened the hearing at 8:35 o'clock p.m. and read the Legal Notice of Hearing for the record. CHAIRMAN GOEHRINGER: I also have a copy of a survey indicating Lot No. 2 produced by Peconic Surveyors and the most recent date is September 1, 1988, indicating a rather large one and one-half story house and garage, and to the west of that an inground swimmingpool, approximately 20 by 40 ft., eight feet from the property line, at its closest point, and enclosed with a wooden deck, and a fence toward the road side. And I have a copy of the Suffolk County Tax map indicating this and surrounding properties in the area. Is there somebody that would like to be heard in behalf of this application? Mr. Bruer? RUDOLPH H. BRUER, ESQ.: Gentlemen, Members of the Board. Rudolph Bruer, on behalf of Mrs. Koke. The pool was originally put in, I guess early Spring, after a building permit was applied for. I believe the building permit was applied for April -- I'll get the exact date -- April of 1988, I believe you have it in your file, some indication of that application. You'll notice that the denial of the application came in Page 2 - Transcript of Hearing January 12, 1989 Regular Meeting Matter of Appl. No. 3814 - Ryck Koke September. The reason for the construction of the pool in the side yard originally was that Mrs. Koke along with a neighbor, who bought the old LaMorte Residence, had agreed to purchase the lot in between. And I don't know if you have before you a copy of the subdivision map, do you really? SECRETARY: There is one in the file. MR. BRUER: The original one or just the small one? CHAIRMAN: Yes, I have it. MR. BRUER: I have a better one. CHAIRMAN: Ok. MR. BRUER: (Showing copy of entire Map of "Paradise By the Bay" Subdivision prepared for John E. Rath by Young & Young during 1976). This is the adjoining lot and this is the house in question. You will notice on that map and at the location of the old main house, the old Rath house, on that map there is a 10-ft. right-of-way that exists for the benefit of the property owners to the rear to go to the beach area. When Mr. Corra- nacchia--excuse me-- when Mr. Mohring bought the property from Mr. LaMorte, it was agreed that that right-of-way could be moved, and it was agreed at that time since Mr. LaMorte and Mr. Mohring owned 100% of the property and they agreed that they could put that right-of-way, if it was so desired in the future between Lot No. 2 and No. 3. Lot Number -- it is now the intention of Mr. Corranacchia, who owns that property, to put the right-of-way between Lots 2 and 3. When the construction of the swimmingpool started as well as the construction of the Koke house, Mr. Koke and Mr. Corranacchia had agreed amongst themselves that each of them would buy one-half of that Lot No. 3, that the right-of-way would be in the middle of it, and at that point with the swimmingpool being where it was, it would not be any problem with respect to the side yard area because they were going to merge that lot with the tennis court on it. The tennis court doesn't show on any of these maps, but I believe you have all been out there and have seen it. With that in mind, it would not have been any problem with the side yard. It was also the intent at that time to potentially attach the decking of the pool with the house, which I believe according to the Building Department would have made that a legitimate sideyard pool because it would have been an extension and part of the house. That did not work out that in September, Mr. Mohring and Mr. Corranacchia reached an agreement wherein Mr. Corranacchia bought the entire lot and the problem of the right-of-way came in and we are now faced with the Page 3 - Transcript of~3A Hearing January 12, 1989 Regular Meeting Matter of Appl. No. 3814 - Ryck Koke MR. BRUER, continued: swimmingpool problem being in the sideyard and the sideyard variance with respect to the deck. The hardship here is that the Kokes acted in good faith. There were verbal assurances from the Building Department that they pool could be built and it was built, and it was built by an independent contractor that if anything else, he should have known if there was a problem. The Certificate of Occupancy for the house was issued in June of 1988, I believe the swimmingpool had been constructed. I think you have in your file indications of the Building Inspector that it was there and no violations were issued, nor stop work orders, whatever. In fact the pool was built then --was built for the purposes of the Kokes being in there in the summer, and I believe they were in there at the issuance of the C.O. in June of this year (1988). The hardship would be that if the Board made the Kokes remove the swimmingpool, or move it to a different area. It's impractical to put it anyplace else. You don't want it in the front yard. If you were to put it in the rear yard, we probably would have to be back here anyway because we would probably be within 75 feet of the water, and as an additional problem, we have a situation where that area and those lots down there, and the one to the left, is filled area. All that land there is pretty well filled, putting a swimmingpool that size there would have pushed against the deadmen there, and we would have had problems--probably environmental problems, leakage possibly and whatever. Now the important thing is that if you look at the lots, and I have some pictures--I know you have been there--and would like you to have for your file, showing the lot No. 3, which as you probably can agree, will never be built on--well never is a big word, but based upon its present construction there is a very, very heavy swimmingpool up there by the LaMorte old property - old building - reconstructed and there's a large pool home, and then there's a tennis court, covering approximately most of that lot. Let me show you the pictures. This first picture here is an aerial view of the property prior to the construction of the Koke house, and you can see the fill that was put in there. Page 4 - Transcript of Hearing January 12, 1989 Regular Meeting Matter of Appl. No. 3814 - Ryck Koke MR. BRUER, continued: Ail right, here is the picture taken from the Koke pool showing the tennis court and the area, I guess you've said to the west, up toward the Lodge-- CHAIRMAN: South. MR. BRUER: South, yes. This is looking from the Lot #3, as you can see there is a very large foundation there, which is going to be a brick patio in there-- yes. CHAIRMAN: You must excuse me, Mr. Bruer, I'm not reflecting this particular application. I'm reflecting the fact that -- and I guess I should verbalize this because very rarely do I get to this particular point. But it appears that there are certain times when the organization that grants these applications -- and I'm not referring to myself -- but actually continues to allow people to continue a process of excavating and placing in the ground certain improvements, refuses to realize that they are not permitted in the side yard. And I'm -- when I went down there, of course, I ended up with the Corranacchia house first, ok, only because the Koke's weren't home to get a view from it from up on top and I did notice the amount of activity that has been going on there and that also is in the side yard, and you know, I can see that as being the next problem before us tonight. MR. BRUER: Well, to give Mr. Corranacchia his due -- everything that he is doing there is reconstructing something that was there before. CHAIRMAN: I know. MR. BRUER: It's not something new. The swimmingpool there is an old swimmingpool-- CHAIRMAN: Existing, right. No, go ahead. MR. BRUER: And the tennis court was put there when that was a 22-acre estate. CHAIRMAN: I know the tennis court was there, and I know the swimmingpool was there. But we're talking substantial improvements I still construe to be in the side yard area, but that's neither-- go ahead. Page 5 - Transcript of ~A Hearing January 12, 1989 Regular Meeting Matter of Appl. No. 3814 - Ryck Koke MR. BRUER: Not to belabor the point here, I have a number of pictures, I'll just submit them in mass and ask that the Board please look at them with respect to their decision, and here's a few others. (Gave photographs for the record.) CHAIRMAN: Thank you very much. MR. BRUER: I'd just like to point out going with the rest of the application, the application here I believe is unique. I think the area is unique. I think if you take into consideration the existing uses of Lot #3, I think it's in keeping with the character of the neighborhood, and I think the application should be granted as applied for. With respect to the side yard, the three feet, it's well shrubbed. As I say, there's going to be a 10 ft. right-of-way going along it, right along here, to service the back people, so in effect if this area was ever used, there is still a ten ft. buffer from the pool and it is nicely landscaped. CHAIRMAN: Just for the record, Mr. Bruer, I am going to vote in favor of this particular application, but I am going to inform the Building Department that this is the last application that I will ever vote for after the improvements are in. That's it. I am not -- I've had it. I've had it with it; it has gone too far. And you know, I -- it's beyond the scope of what's going on to have. And this has no reflect upon your application or your client. But it's just gotten way out of hand in this Town. And I am sorry that you are bearing the brunt of my frustrations. But that's just the way I feel about it. Thank you very much. MR. BRUER: Thank you very much. CHAIRMAN: Is there anybody else that would like to speak in favor of this application? Anybody like to speak against the application? Questions from Board Members? Yes. MEMBER DINIZIO: I have a comment on the same vain as yours, Jerry, and that this is the second time -- I've only been on the Board now for three months. This is the second time in this development that this has happened. That wasn't Mrs. Koke's problem. It's not your problem, Mrs. Koke. But it is the second time -- it seems like this particular area, it pops up in here. Either they're building too fast or something wrong. But I just want to get it on the record that what's going on here seems to be going on too fast. Page 6 - Transcript of WA Hearing January 12, 1989 Regular Meeting Matter of Appl. No. 3814 - Ryck Koke CHAIRMAN: We thank you. Are there any other comments from any one else? Hearing no further comments, I'll make a motion closing the hearing and reserving decision until later. MEMBER GRIGONIS: Second. Vote: Ayes: ALL. CHAIRMAN: Thank you for coming in. Respectiully submitted, · Linda F. Kowalski, Secretary Southold Town Board of Appeals Southold Town Board of Appeals -4- April 13, 1989 Regular Meeting (Appl. No. 3814 - KOKE decision, continued:) Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief requested under Appeal No. 3814 in the Matter of RYCK KOKE for the location of an inground pool with decks and fence enclosure, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Minimum three-foot setback from the southerly property line; 2. That the existing area between the deck and the dwelling be movable in order to allow easy access for emergency equipment in the event of an emergency. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki, and Dinizio. This resolution was unanimously adopted. lk GERARD P. GOEHRINGER ~" CHAIRMAN APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZtO, .IR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 TRANSCRIPT OF HEARING REGULAR MEETING THURSDAYt MARCH 9t 1989 Appeal No. 3814: Application for RYCK KOKE for a Variance to the Zoning Ordinance, Article III-A, Section 100-32A and Bulk Schedule for approval of swimmingpool with fence enclosure in the side yard area. Zone District: R-40. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. Present were: Gerard P. Goehringer, Chairman; Member Serge J. Doyen; Member Charles Grigonis, Jr.; Member Joseph H. Sawicki; Member James Dinizio, Jr.; and Board Assistant Linda Kowalski. Principal Building Inspector Victor Lessard, Building Inspector Curtis Horton, Building Inspector Thomas J. Fisher, and approximately 50 persons were in the audience during the public hearing. The hearing commenced at 8:08 o'clock p.m. CHAIRMAN GERARD P. GOEHRINGER: At the time of the last hearing on this application, we had only three Board Members present. This is the Koke Application, Appeal No. 3814. We are basically reconvening that hearing. That is the situation. There is really no need to re-read the Legal Notice because it was read at the time of the inception of the first hearing. So we'll ask Mr. Bruer if he has anything he would like to add? RUDOLPH H. BRUER, ESQ.: Mr. Chairman and Members of the Board. At this point, and Mr. Tip Henderson will speak in behalf of the Kokes, so counsel to myself in respect to this matter. CHAIRMAN: Surely. How do you do, Sir. Southold Town Board of Appeals -2- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - R¥ck Koke) TIP HENDERSON, ESQ.: Good evening. Mr. Chairman and Members of the Board, as indicated by Mr. Bruer, my name is Tip Henderson. I'm with the Law Firm of Chase, Henderson and Chase at 48 Forest Avenue in Glen Cove, New York. With me tonight besides Mr. Bruer is the applicant, Ryck Koke, her husband A1 Koke, Mr. Norman Reilly, of A. Reill¥ & Sons Construction -- the gentleman who put the pool in that we are here discussing tonight, and Mr. Roy Haje of En Consultants and Environmentalists. The property as you well know is in the A-Residential and AgriculturalZone, or now the R-40 Zone, as of January 10, 1989, and is approximately 48,600 sq. ft. and is located at 245 Kimberly Road in the Town of Southold, and I believe it's known as Section 70, Block 13, Lot 20.2. We are here seeking variances from this Board as a result of a denial of a Building Permit by the Building Inspector for a pool, which is, an indicated in the denial, three feet from a -- or, not more than three feet from a lot line, and a pool which is not in the rear yard, being in the side yard. We submit to the Board that we will suffer practical difficulties, undue hardship if we are not granted the variances they're seeking tonight. Briefly, a history of this matter. The Town Board of the Town of Southold on July 27, 1987 granted a Wetlands Permit for this particular project. It was a house and a pool along Jockey Creek within 70-- not within 75 feet -- of the bulkhead at the Creek, and the Town granted a permit for the construction of a one-family home and a swimmingpool. On September 4, 1987, a Building Permit was issued by the Building Inspector for the Town of Southold, a construction began that Fall with the Town inspecting as construction went on. In April of the following year, April 12, 1988 to be exact, an application was submitted to construct the pool in question. It was submitted to construct a pool in the side yard to be connected to the house, and to be 15 feet from the side yard lot line, all of which would have obviated the necessity of any variances to be granted by this Board. This permit was verbally ok'd by the Building Inspector, Mr. Lessard on April 12, 1988 as indicated by his handwritten note on the application. Shortly thereafter, Mr. Reilly returned to Mr. Lessard -- when I say shortly, I would estimate within a week's time, and requested to be allowed to move the pool further from the house and closer to the side yard lot line. It would have put the pool closer than three feet to the side yard lot line, and it was indicated to Mr. Reilly that this Southold Town Board of Appeals -3- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke) TIP HENDERSON, ESQ. (continued): would need a variance and that he could not grant an application on that basis. This was discussed between Mr. Reilly and Mr. Koke, and at that time, Mr. Koke was purchasing the lot next to his together with a Mr. Corranaehia, who lives presently two lots away, Mr. Koke living in what is lot 2 in this particular subdivision; Mr. Corranacchia living in Lot 4, and Lot 3 being between. Mr. Koke's and Mr. Corranacchia's intention to purchase Lot 3 together and then to divide that property between them so that they would each getting an additional approximately half-acre to add to their lots. This was indicated to Mr. Lessard and represented in a letter dated April 20, 1988. I believe that should be a part of this record; if it's not, I would like to make a copy or hand up a copy of that to the Board, wherein Mr. Koke represented that he, intending to purchase that lot and that it would obviate again the necessity for any variance, this pool being any closer than three feet to the side lot line. With his representation to Mr. Lessard, he indicated once again that it was okay to build the pool, and construction on the pool proceeded thereafter, the pool being built basically in the last two weeks of April, or the last week of April and the first week of May. The Town was out at this project, according to their records, on May 23, 1988 for an inspection. And a final inspection on or about June 7, 1988, when a Certificate of Occupancy was issued for the house but not for the pool, Mr. Lessard indicating that a separate permit and C.O. would have to issue for the pool at that time. The house was granted a C.O. on June 13, 1988. Between the point that the pool was being constructed and September 27, 1988, the date that the Building Department denied the application for the construction of the pool, Mr. Koke and Mr. Corranacchia's plans to purchase Lot 3 and divide it fell through. And Mr. Corranacchia basically deciding that he did not wish to share that particular lot with Mr. Koke and wanted to purchase the entire lot himself. And Mr. Koke was now left with not having that additional land that he had expected to have, and that he had represented to Mr. Lessard that he would have; and again which would have obviated the necessity for any variance here, assuming the pool were connected to the house and beyond the 15 feet from the lot line. Southold Town Board of Appeals -4- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke) TIP HENDERSON, ESQ. (continued): That being the case, the Building Department, as I indicated, issued their denial of the application on September 27th. Thereafter in December, an application was made to this Board for the variances. A hearing was held on January 12, 1989 and three members of the Board, as the Chairman has indicated, were present, and the vote was two-to-one against the particular application. I assume, Mr. Chairman, that the previous hearing, the record from the previous hearing is being made a part of this hearing, is that correct? CHAIRMAN: That's correct. MR. HENDERSON: Ail right, thank you. I would submit to the Board that the variance that we're seeking here is not a substantial one. The pool is in the side yard. I think this Board would agree with the Kokes that that is the best place for this pool to be. It should not be in the rear yard between the house and the creek and the bulkhead. I think there are some environmental concerns there. There would be a variance necessity there anyway because the pool would be within 75 feet of the bulkhead and logically, practically speaking, the best place for that pool is in the side yard, connected to the house and 15 feet again from the side line--there would be no necessity for a variance, and I think that's where this Board would like to have seen done, and that's what we hoped would have been done if we had been able to purchase this property. Because we weren't able to, we're now in this practical-difficulty situation. But basically, the two variances for which the Building Department had sent us to you, we believe one, or either of them, may be obviated very simply. We have a side yard situation. The pool itself is eight feet from the side line. There is a deck, or a walkway if you will, just about even with the ground there, that extends out within three feet of the lot line. If we were to cut that deck back, we could easily make it more than three feet from the lot line, obviating the requirement for a variance of being within three feet of the lot line. We would still, of course, need the variance for the requirement of having an accessory building in the rear yard. We don't have that, it's in the side yard. But we would at least obviate the necessity for that variance. OR, we could connect the pool to the house and then request only a variance of having the pool within 15 feet of the side line, the pool being part of the principal structure. So one way or the other, I think we can obviate the necessity of one of the Southold Town Board of Appeals -5- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke) TIP HENDERSON, ESQ. (continued): We would suggest to this Board that the best way to obviate that situation would be to remove the deck or a portion of the deck to get it back beyond the three feet of the side line. Whether this pool is connected to the house or not, I don't think is substantially significant. And we all, I hope we can agree, that the pool should be in that side yard and not in the rear yard. So I would suggest that that would be the more appropriate way to go, and that we are prepared and represent to the Board that we will cut back that deck so that it will be back more than four feet from the side line-- more than three feet, excuse me, from the side line. We submit to you that the pool being where it is does not have a detrimental effect upon the neighborhood as this Board is well aware from their examinations and surveys of this particular property and the properties in the area. We are right next to a tennis court on the adjoining lot, which was put in, I believe in approximately the mid-1970s and I believe a variance was granted by this Board to allow that particular tennis court to go where it is. I think it makes sense to have these recreational facilities, if you will, in one particular area. I think it has less of an impact on the neighborhood. Also, you're very familiar with the fact that the backyards that border the creek do not have any accessory buildings or uses in them. There is nice rolling lawn down to the bulkhead on the creek, and I think that has a very favorable aesthetic affect, and I think requiring accessory uses or buildings in the rear would destroy this. On the other hand, if we are required to move this pool whether to the back yard or closer to the house so that it's connected and at least 15 feet from the side line, we submit that we will -suffer a severe economic hardship. Mr. Reilly is here to testify with respect to the fact that moving the pool and putting it closer to the house to meet the Code would cost approximately $59,000. We submit to you that there is no other practical way to avoid the necessity of the variances that we seek here tonight. At least we're not aware of them. If the Board has any ideas, we'd be happy to listen to them and abide by a less impact -- a variance with less impact on this particular piece of property. We feel that the interests of justice would be served by granting the variances with all the history and circumstances Southold Town Board of Appeals -6- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke) TIP HENDERSON, ESQ. (continued): surrounding this particular development of property. It's an unfortunate evolution, but it did occur. I don't think it was anybody's fault. That's my personal opinion. But certainly it was not the Kokes' fault. It was not a self-created hardship in my opinion. They did not-- They truly expected to have the additional property that would have avoided any necessity for a variance from this Board. They proceeded with that understanding. I believe the Building Inspector proceeded on that representation made to him. And unfortunately it did not come about. And I don't think the hardship that would be imposed upon the Kokes by having to move this pool is justified in view of those circumstances. I have a letter from the next-door neighbor, Mrs. Corranacchia. Unfortunately she was not in the neighborhood, or in this State, excuse me, and she had to fax it to us. If the Chairman would allow me, I would like to read it into the record and hand it up. CHAIRMAN: Sure. MR. HENDERSON: "...Dear Southold Zoning Board of Appeals. Dated March 5, 1989. Memo from Vivian Corranacchia. I am the sole owner of Lot 3 on the Map entitled, 'Map of Paradise By the Bay' and filed with the Office of the Clerk of the County of Suffolk on November 4, 1976 as Map 6463. A1 and Ryck Koke are my immediate neighbors. They have a beautiful home and maintain it to the highest standards. I have no objections to the placement of their pool as it stands at this time. It is in the most logical place and only enhances the beauty of this property..." May I hand this up, Mr. Chairman? CHAIRM3%N: Surely. (Fax letter from Mrs. Corranacchia handed up for the record.) CHAIRF~%N: Thank you. MR. HENDERSON: Thank you. We had hoped also to have an engineer with us this evening to indicate some of the problems that might exist in putting a pool in the rear yard. Unfortunately, he was hospitalized. I would request the opportunity or slight additional time to submit a report of the engineer to the Board prior to its decision. Whatever time the Board might feel it would be reasonable. CHAIRMAN: Two weeks. Southold Town Board of Appeals -7- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke) MR. HENDERSON: Ok. With that, I would respectfully request the opportunity to have Mr. Norman Reilly come to the microphone-- the gentleman who put the pool in to indicate the financial circumstances involved in moving that pool and a little bit about the history of the pool going in. Mr. Reilly? NORMAN REILLY, JR.: Good evening, Mr. Chairman. Members of the Board. My name is Norm Reilly, representing A. Reilly & Sons as President at this time. In coming up with an estimate to move Mr. Koke's pool, either five feet or 50 feet, it's very substantial. Things must be done. First of all the present pool, deck, fencing, walkways, landscape, plantings, and everything must be removed from the present pool area. The custom fence out front would probably have to be torn down. There's very little left to be used from the present pool besides the walls themselves to construct a new pool. The deck, wood, around it would have to probably be taken to the disposal area because it couldn't be reused. We'd have to relocate all underground backwash, cesspools for the pool that's in the way of moving it closer to the house. We'd have to relocate a 500-gallon underground propane tank that's also in the way of moving it closer to the house. The underground electric service comes by around the corner where the pool is, now it's about 10 feet from the wire. To move it closer the whole service wire would have to be uprooted and moved closer to the house to be away from the pool area. We'd have to excavate obviously for the new pool location. We'd have to de-water the hole again. The groundwater is about 7 feet below grade. Another company would have to come in to do that. If the pool was moved closer to the house, the wall that would have no virgin ground to sit on would have to be put on pilings, which is an added expense to the owners to support the wall itself. We would have to install the new pool, as their specifications and we would have truck in additional fill to backfill the pool because of the bog condition of the soil that's there. You can't backfill the pool with what's there. So we'd have to truck in additional fill. We'd have to reconstruct approximately 1700 feet of CCA and Cedar deck around the new pool, reconstruct all the fences to the original specifications, re-landscape the grounds, restore the grounds, the air-conditioner from damager from the machinery, so forth and so on, all the brick walkways, the plantings and so forth would have to be restored. And the approximate cost from that would be about $58,980.00. CHAIRMAN: Thank you. Southold Town Board of Appeals -8- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke) MR. HENDERSON: If I might, Mr. Chairman, Mr. Reilly has prepared a proposal indicating those items he has just testified to. I'd like to hand that up if I might. CHAIRMAN: Sure. Thank you. (Handed up original estimate of proposal from A. Reilly & Sons, Inc. dated March 8, 1989 for the record.) MR. HENDERSON: One thing I failed to mention and Mr. Reilly will give testimony to is the fact that of the reason why the pool was being moved in the first place, when Mr. Reilly went back to Mr. Lessard to ask if the pool could be moved away, it was because the pool was cramping the house. There were electrical outlets. There were air-conditioning units, and the electrical cable was coming into the house in that area and it was a very cramped and tight area with the pool equipment there as well. So it was for that particular reason that Mr. Reilly went back on behalf of Mr. Koke and requested if the pool could be moved away from the house somewhawt so it would provide more room and a less cramped feeling. That was really the only reason. There was no great gain here except to have that additional living area. CHAIRMAN: Thank you. MR. REILLY: As far as the history goes of the pool, it's just like he said before. The permit was permitted by myself. The pool was to be 15 feet from the line as according to Town Code. We went to stake out the pool. Other variables came into effect which we mentioned-- electric cables, the cesspools, and so forth and so on. We felt--The Koke's felt that it was too close and that they were going to buy the lot next door. I went back to Mr. Lessard and said we wanted to move the pool closer to the side yard line. He said that's impossible because of the Town Code. But if they have the letter of intent and were going to buy the property next door, which was submitted as an Exhibit in your folder, certainly if they were going to join the property, there would be no line there. So it was tentatively verbally approved to go ahead and go ahead to put the pool in, and that's why it is where it is now. It's unfortunate that the deal didn't go through where they got the lot next door, but every intent was made and conveyed to the Town Building Department that that was the case. CHAIRMAN: Thank you very much. Southold Town Board of Appeals -9- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke) MR. REILLY: Putting the pool in the back yard -- the water table is about seven feet below ground-- where the pool is now-- as you get closer to the bulkhead, it's probably going to come up a little bit. It was our feeling not to try to put it there, excavating in front of the bulkhead, having the ground water running into the hole as you're excavating would have to be de-watered, pumped out a little more extensive than would be in the side yard; and it could threaten the existence of the bulkhead, undermine the bulkhead--it may let go, not knowing how long it has been there or how it's constructed. And that certainly would be detrimental to the environment. So that's why it wasn't put there, or even thought of being put there, plus the 75 ft. setback from the bulkhead and so forth would need a variance from this Board, even being there. CHAIRMAN: Thank you again. MR. HENDERSON: Next, I would like to introduce Mr. Roy Haje, who will briefly indicate the environmental aspects of putting the pool in the rear yard. Mr. Haje? ROY HAJE: Thank you. My name is Roy Haje. I'm President of EN-Consultants, 1329 North Sea Road in Southampton. I am a previous employee of the N.Y.S.D.E.C. having served with that agency for 11 years as the Tidal and Freshwater Wetlands Permit Agent. I have had my own consulting business for nine years and we are primarily involved in the preparation of applications to undertake projects in or around the water. I was involved in the preparation and submission of applications to the New York State D.E.C. and to the Southold Trustees for the original construction, which took place on this property. In laying out the design of the house and the pool, the proximity to the water was taken into account. It was decided to construct these various improvements. The primary and accessory structures in excess of 75 feet from the edge of the water and bulkhead since this would then place us beyond the jurisdiction of the Trustees and also beyond jurisdiction of the D.E.C. In this case, due to the presence of a bulkhead. We felt that this was desirable since construction closer beyond placing us within their jurisdiction is somewhat environmentally less preferable in that there is a greater potential for flooding should there be extremely high tides on a storm or hurricane condition. Some of that water from the swimmingpool has the potential of entering the waterway of that canal off Southold Bay. Therefore, to place it back further we felt was environmentally preferable. That is one of the reasons that it was placed in excess of that which was necessarily required. Southold Town Board of Appeals -10- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke) MR. HAJE, continued: Again the D.E.C. would have jurisdiction and would have similarly requested us to construct that in excess of 75 feet had the bulkhead not been present and had the bulkhead not met certain criteria. In this case, it did and they were able to issue their letter of no jurisdiction. CHAIRMAN: Thank you, Mr. Haje. MR. HENDERSON: The applicant and her husband are here in case the Board has any questions of them regarding the statements that have been made up till this time. With respect to the deliberations and decisions of three members of the Board previously, I would just like to again address the question of practical difficulties and a self-created hardship. I submit to the Board that this was not a self-created hardship. This is not something that Mr. Koke was doing to in any way mislead the Town or to gain an advantage. He didn't gain an advantage. He simply got a little more space between his house and his pool so he could provide for the -- or allow a little more room for his air-conditioning units and his other electrical services. Certainly not a reason to create all of this commotion. And I would submit, however, if any member of the Board does feel it is still a self-created hardship, that that in and of itself does not require a denial of the requested variances. There are circumstances such as these, I believe, which will override even a self-created hardship, and the Courts have upheld that. So I would respectfully submit to anyone does believe that this still is a self-created hardship, that still under these circumstances can be overcome. (Changed to Tape #2) Alternatively, in the decision to locate the pool closer to the house and provide for a I5-foot side yard is not a practical way of dealing with this problem. It is going to be very, very expensive for the Kokes to move that pool, and their going to suffer a substantial financial hardship if they're required to do that. Once again, I feel that in the interests of justice, variances should be granted --as I've indicated, we're happy to cut back that walkway--wood walkway on the far side of the pool along the lot line, so that it will be more than three feet from the side yard lot line, and we would respectfully request a variance to allow the pool to remain in the side yard. I would like to note for the record, and not to be argumentative, however, but I would like to note that the zoning code initially, Section 100-32 Accessory Buildings, I don't know if that's the new number under the new code, by my reading does not require an accessory building to be in the rear yard. That's just my reading of the code. I know that this Southold Town Board of Appeals -11- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke) MR. HENDERSON, continued: Board and the Town has enforced or has followed the policy of requiring accessory buildings to be in the rear yard; however, a reading of that language in my mind does not require it. Number One, it says it "may be in the rear yard" and Number Two, it talks about a "required rear yard," not a requirement that the accessory building is required to be there, but the accessory building may be in the "required rear yard." It's subject to interpretation, but I'm only making it for the record. I appreciate the opportunity to do that, and once again, if there are any questions of me, or Mr. Bruer or anybody else that's here with us tonight, we'd be happy to answer them. Thank you very much. CHAIRMAN: Thank you. Is there anybody else that would like to speak in favor of this application? (None) Anybody like to speak against the application? ~None) For the record, during the deliberation, my "yes" vote on this particular application was conditioned on two things: it's conditioned on cutting back the deck to a minimum of three feet from the property line, and we do have a problem in this Town and it's not necessarily with this application, Mr. Henderson, but just so you're aware. For some reason, the Board has always the position about allowing access to the rear yard of a person's property. More particularly in the fact that we have waterfront property. And we've usually taken that position so that there is usually always ingress and egress to the rear yard. And that is somewhat precluded in this particular application because we have the cesspools and the septic tanks over-shadowing the other side yard. In making my determination of a vote on this particular issue, it was also conditioned No. 2 that the remaining area, in between the deck and the existing dwelling, which is a new dwelling, remain open and free so that if the Kokes or any successive owners of this property had to gain access to their rear yard, either for the repair of the bulkhead or for emergency procedures either by the Southold Fire Department or any other organization, that they would be free to do so and that was the reason why I dealt with it on that particular basis. And now I'll ask my collegues if they have any particular questions of you or the Kokes. Anybody? I'm sorry; I'm not putting you on the spot. Go ahead. Jim. MEMBER DINIZIO: I'm a little hazy as to how -- what type of agreement you had with your neighbor as far as buying that land. I mean, she didn't seem to mention it in her fax or anything like that. Was there anything written, or was it just an agreement between the neighbor and yourself? Southold Town Board of Appeals -12- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke) MR. HENDERSON: At the time the letter was written, there was no written agreement between Mr. Corranacchia and Mr. Koke. At that time there was nothing written. However, the property was in contract to be purchased by Mr. Corranacchia, and ( ) represented to Mr. Koke that he could come on in the contract with him and purchase that property with him, and take half of it. And the reason that it didn't go through basically --well, I don't know if I can address that -- but one of the items that was in question was the right-of-way that goes from Kimberly Lane or Road back to the Creek. There is a required right-of-way. Is that 20 feet-- MR. BRUER: Ten. MR. HENDERSON: A 10-ft. right-of-way. And part of the problem was initially Mr. Corranacchia and Mr. Koke were going to run this 10-ft. right-of-way down the middle of Lot #3 between their properties because Mr. Corranacchia had a right to move it if he wished. He decided he didn't want it there. He wanted both lots, and was going to put that right-of-way between Mr. Koke's lot on Lot #2 and Lot 93. And he did not want it closer to him and that was one of the main reasons why they never finalized their particular deal. But there was a very clear understanding between Mr. Koke and Mr. Corranacchia that Mr. Koke was going to be purchasing that property with him from Mr. Mohring. I expected Mr. Mohring to be here tonight to validate that. Unfortunately, he is not. But that right-of-way, as you've indicated-- I don't know if that is of any assistance, Mr. Chairman, that 10 ft. right-of-way as far as access back to the Creek, but there is that 10 ft. right-of-way that exists between the two lots, but we would be happy to accommodate anything this Board might require to allow that type of access. CHAIRMAN: Is that right-of-way going to exist inbetween the Corranacchia tennis court and the Koke lot? MR. HENDERSON: Yes. CHAIRMAN: It is. MR. HENDERSON: In fact I have a picture-- I know many pictures had been handed up, and I do have the picture of that area that has been left open. Which I would be happy to hand up if you don't have one of those. SECRETARY: We should have it. Southold Town Board of Appeals -13- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke) CHAIRMAN: Will that 10 ft. right-of-way be solely on the Corranacchia lot or will it be-- MRS. KOKE: Yes. MR. HENDERSON: Yes, solely-- CHAIRMAN: On the Corranacchia lot. Ok. MR. HENDERSON: That picture you're looking at. The fence around on the pool is on your right, and the tennis court is on your left. CHAIRMAN: Ok. MR. HENDERSON: Mr. Bruer just indicated it's a buffer between the two lots in the sense that aiding or adding to the distance between the pool and the lot line. CHAIRMAN: That right-of-way is for all the property owners on the other side of the street to be able to get to the beach, is that correct? MR. HENDERSON: That's correct. CHAIRMAN: Thank you. Does that answer your question, Jim? MEMBER DINIZIO: Somewhat. I understand. I understand, you know, what I was really looking for was perhaps a contract of some sort. MR. HENDERSON: If I had a written contract, I would have had it here for you to see. MEMBER DINIZIO: You know, as I saw the hardship the last time was that it was a pool and all they would have to do is attach it to that house and no one would be here tonight, so I saw the hardship; and it's still -- I still see it as being more or less self-created. Understanding the circumstances that that-- I don't see it as being all that big of a deal, and certainly I don't know about chopping off the deck. I don't really see that that's going to help it or not. My whole problem with making a decision on this is that if I make a decision on this, then somebody else comes up to me and says, up to this Board, that has the same thing with the pool already built, am I going to have to say yes to that person again. Or even if they don't have it built, are they going to be allowed to have that. That was my way of thinking the last time. ( ) I'm thinking of the same thing now-- Southold Town Board of Appeals -14- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke} MR. HENDERSON: Well, certainly as you're all well aware, every application stands and falls on its own two feet on the particular circumstances there involved. I think you can understand that the Kokes knew that they would run into this type of situation, they would have been just as happy to leave the pool closer to the house and had their 15 ft. and never had gotten involved in this mess; but unfortunately, in the real world, people do get involved in situations that sometimes turn out messy. And we try to put them back together again and in this situation we need the assistance of the Board. I indicated we'd cut back the deck. We'll connect the pool to the house, too. You know. That leaves us -- We connect the pool to the house, take the deck off that side, which gives us eight feet between the pool and the side line, and we need a 7-ft. side yard variance in that situation. But there's no way to get around not requiring some sort of variance from the Board. MEMBER DINIZIO: As it stands right now. MR. HENDERSON: As it stands. MEMBER DINIZIO: But if it had been submitted as the pool was submitted on the plans-- MR. HENDERSON: If it had been done as originally planned, it would not have needed the variance. And the only reason we wanted to move it was because everything was so cramped in that area, with the air-conditioning units, and the power cables coming in, and the pool--electric units there. It was just very, very cramped and tight. And we thought we were going to get that additional property, which obviated the necessity for the sideyard setback there, or the variance. MEMBER DINIZIO: Sure I understand. So I'll just ask you one more question. When you applied for the wetlands permit, was the plan that you have up here the same plan that you submitted to them? Did the pool exist? MRS. KOKE: Yes, it was on the original plan. MEMBER DINIZIO: In other words, it was that close to the-- it was four feet? MRS. KOKE: No, it was 15 feet. MEMBER DINIZIO: It was 15 feet. pool was there? So the house was there and the MRS. KOKE: Yes. Southold Town Board of Appeals -15- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke) MR. HENDERSON: Yes. They got the plans as originally submitted which took the pool back more than 75 feet from the bulkhead. So that made-- for the Town Board that was a much better situation. I think everyone should agree that it's much better in the side yard than back in the back yard closer to the Creek and the bulkhead. CHAIRMAN: Mr. Henderson, is there any possibility that we could get a written statement from Mrs. Corranacchia? Possibly it might help a couple of the Board Members understand that there actually was some sort of type of an agreement between the two parties that they were going to purchase this property. Certainly, Mrs. Corranacchia has given us a letter indicating she has no specific problems with it. But it would help us. MR. HENDERSON: Well, certainly, you know I can't speak for her, but we will do everything in our power. I will represent to you that I believe that we can provide that to you. CHAIRMAN: There appears to be a communications between the two parties, and they are going to be neighbors, so we're not really asking for anything other than that. MR. HENDERSON: I'd be happy to do, and I'm sure the Kokes would be happy to do anything within their power to get that and get it to you as soon as possible. CHAIRMAN: Ail right. So what we'll do is recess this hearing with no further written evidence other than what you're going to submit to us, which is I believe an engineering report and possibly a letter to the next regularly scheduled meeting (April 15, 1989), so that will extend your time exactly two more weeks for the engineer's report. SECRETARY: No written or oral? CHAIRMAN: No oral testimony. We will allow just written testimony. And we'll close the hearing as a matter of formality at the next regularly scheduled meeting and have all that information at that particular time. We will then make a decision thereafter, if that's all right with everybody. MR. HENDERSON: That's fine. Southold Town Board of Appeals -16- March 9, 1989 Regular Meeting (Hearing continued: Appl. No. 3814 - Ryck Koke) CHAIRMAN: Ok. And we personally would like to thank everyone for coming in tonight and bringing the consultants and the contractor. It's very nice that we now have most of the data that we need. MR. HENDERSON: Thank you. CHAIRMAN: Thank you. I'll offer that as a motion. The motion was seconded by Member Grigonis, and duly carried. The verbatim portion of the hearing was concluded at 8:50 o'clock p.m. Respectfully submitted, ~.~o~'t ary Southold Town Board of Appeals Southold Town Board of Appeals _7_ April 13, 1989 Regular Meeting (Hearings, continued:) 8:30 p.m. Appl. No. 3813 - SHELDON HILLS as Trustee for Barterama Corp. Employees Profit Sharing Trust. Variances requested to reduce side yards to less than the required 20 and 25 feet, and less than the total 45 feet for both sideyards, on this 2+ acre vacant parcel. Zone District: R-80. Location of Property: Private Right-of-Way referred to as Private Road #11 (also referred to as Aldrich Lane Extension), extending off the north side of Sound Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 12; Southold Town Planning Board Approved Set-Off Map March 4, 1985. After reconvening the hearing, the Board recessed this matter for a final hearing date of May 18, 1989, the next anticipated Regular Meeting, as requested by the applicant's attorney. 8:40 p.m. Motion was made by Member Sawicki, seconded by Member Grigonis, and duly carried, to take a short recess for approximately five minutes. 8:47 p.m. Motion was made by Chairman Goehringer, seconded by Member Grigonis, and duly carried, to reconvene the Regular Meeting at this time. CONCLUSION OF KOKE HEARING: Motion was made by Member wicki, seconded by Chairman Goehringer, to accept the cumentation received to date and conclude all portions of the blic hearing in the Matter of RYCK KOKE under Appl. No. 3814. is resolution was unanimously adopted. CONCLUSION OF MATT-A-MAR: Motion was made by Member Sawicki, seconded by Chairman Goehringer, to accept the documentation received to date and conclude all portions of the public hearing in the Matter of BROWERS WOODS ASSOCIATION and BARBARA REITER under Appl. No. 3829 concerning premises of Matt-A-Mar. (Comments are also on following pages concerning request for Stop Work Order.) DELIBERATIONS/DECISION: Appeal No. 3814 - Matter of RYCK KOKE. The Board Members deliberated and took the following action: (continued on next page) April 13, 1989 Tip Henderson, Esq. 48 Forest Avenue Glen Cove, New York Re: Koke, Ryck A. Paradise by the Dear Tip: 11542 Bay, Southold Pursuant to our conversation, enclosed herewith please of Steve G. Tsontakis Associates report dated March 16, Sincerely, find a 1989. copy Rudolph H. Bruer RHB/cam Eric. cc: Southold Town Zoning Board of Appeals STEVE G. TSONTAKIS ASSOCIATES Consulting Engineers, P.C. ZNSPECTION R~PORT (3/16/89) Koke Residence Kimberly Lane Southold, New York INTRODUCTION This report was prompted by a request to review the location and conditions of the swimming pool installation at the subject location. DESCRIPTION The swimming pool is a vinyl lined unit which is surrounded by a on grade wood deck and located some eight feet from a property side line where there is a 4' high chain link fence. The set back from the bulkheaded water front from the pool is approximately 109' The pool is enclosed from the front by a short wall which extends from the southerly property line to the front face of the garage. Because of the slope of the land, the pool cannot be seen from the "Jockey Creek". The adjacent lot to the south contains a pool, cabana and tennis courts. The use is therefore recreational. D~SCUSSION Location of the pool in the placed in boggy soil as born out running for 4' to 6' below grade. fill. rear yard would, of necessity, be by the test hole, which shows bog The soil above the bog is fresh -1- P.O. BOX 1180. 632 ROANOKE AVENUE, RIVERHEAD, NEW YORK 11901 (516) 727-7411 Both these soil conditions, bog and fresh fill, are not conducive to a stable structure and not considered good structural practice. The bulkhead at the easterly property line is of wood pilings/sheathing. These pilings are retained by "deadmen" which are located some 20' behind the bulkhead. Construction excavation during the installation of the poo! could disturb these "deadmen" since they are set in fill and bog. In its present location the pool is set some 8' from the southerly property line and behind the front face of the building on the west side. The usual definition of "structures" is an entity that extends more than 12" above local grade. Since the pool is at grade it does not fit the definition of a "structure". The pool is located adjacent to a lot containing a pool, the pool being adjacent to a dwelling. Since the pool and the dwelling lots are continuous and assumed under the same ownership, then the lots are considered merged. It appears that the neighbor's pool is also in the side yard. Therefore, one might conclude that the character of the neighborhood is not adversely effected. In any case, the subject pool cannot be seen either fron~ the street or the creek. SGT/bp Steve G. Tsontakis, P.E. STEVE G. TSONTAKIS ASSOCIATES --2- March 24, 1989 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Att: Linda Kowalski, Secretary Re: Appeal No. 3814 Ryck Koke Dear Linda: Enclosed please find 3/13/89 letter addressed to the Board by Vivian Cornacchia, setting forth the fact that she had an agreement with Ryck Koke regarding their joint ownership of Lot #2, Paradise by the Bay. RHB/df Enc. March 13, 1989 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, N.Y. 11971 Re: Appeal No. 3814 - Ryck Koke Dear Sirs: Please be advised that, in April of 1988, Ryck Koke and I had an agreement wherein she and I would purchase Lot #3, *Paradise by the Bay". She would get one-half (1/2) of the lot adjacent to her home on Lot #2, which was in the course of construction, and I would keep the remaining one-half (1/2). We were unable to finalize this agreement for various reasons. I eventually purchased the lot from the Mohrings. Sincerely, V±v±an Cornacch±a A r pn al A. REILLY & SONS, INC. General Contracting P.O. Box 434 Shore Acres MATTITUCK, LI., N.Y. 11952 298-5606 No. of Pages :''7 PROPOSAL SDaMITTIEO TO Ur. and Mrs A1 Koke STREET CITY. STATE &ND ZIP CODE Southold L.I., N.Y. 11971 ARCHITECT DATE OF PLANS PHONE JOB NAME JOB LOCATION O~TE March 8, 1989 JJOB PHONE Moving 20 x 40 inground swimming pool and related equipment, deck, fencing and land- scaping , and re-installing such in another area. Restore ~ grounds to original s~ate. 1. Remove present pool and deck~ custom fencing, brick walkways and landscape plantings from pool area. Remove unusable items to the Southold Town Disposal area. There would be a considerable amount of the pool itself and also most of the deck wood that could net be re-usede Re-locate underground backwash cesspool for the pool. 3- Re-locate 500 gal. underground propane tank - as to meet fire and building code distance requirements from pool structure, pool equipment(heater) ele~ric limes etc. 4. Re-rou*e underground electric service to meet electrical code(Wire distance fr~m pool) 5. Excavate for new pool location A. De-Watering of the new excavation site.(Ground water is aprox 7' from grade.) B. Install pilings~ to suppor~ pool walls not resting on virgin soil due to pool movement. ~ C. Install new pool, backfill as neeessary trucking additionAfill to the site as needed. The pool cannot be bankfilled with the bog type of soil as it exists on the present site. 6. Reconstruct 1628 sq. ft of CCA~ Cedar deck around new pool area. 7. Re-construct fences to the orig~ual specifications and demensions. 8. Re-Landscape grounds and restore to original state. Insta~ aprox 400 sq. ft. brick walkwa~rs~ re-plant trees, shrubs, beds, etc. and re-do the sprinkler system. ~]e ~]ropose hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: Fifty eight thousand, Nine hundred eighty and OO/100 58~98Oe$O Payment to be made as foU w$: dollars ($ ) Per Contrac~ A epm.re o! roposa! - The above pr,ce$, spec,ficat,on5 and conditions are sat,sfactory and are hereby accepted. You are author,zed to do the work as specibod. Payment will be made as outlined above Date of Acceptance: Signature ~ - Zo~e:~T~is proposal may be wdhdrawn by us if not accepted wilhin days. Signature Memo fi'om Vivian Corna~'ch, ia 765-1802 BUILDING DEPT. INSPECTION [ ]FOUNDATION 1ST [] [ JFOUNDATION 2ND [] [ ]FRAMING [] FINAL ROUGH PLBG. INSULATION REMARKS: ..... /~ DATE ~///~.~/~ ,NSPECTO/_~~ / .86° 06' 50"E - 4 t5 ~ .14 .t~ £d TOWN OF SOUTHOLD BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK WETLANDS PERMIT This Wetlands Permit No ..... ~.[..6. .......... has been granted by the Town Trustees according to -,,~ ;,on, En-Consultants, I~ information furnished in ~,pplication No ...... .5..3..1. ......... filed by ~a~, .................................. ~ ...... for Alexander Koke on July 27, 19...8..7..... A map of the proposed work will be kept on file in the Trustee Office under the application number given. · Construct a house eel sanitar ¢. ~.~.~., Permit granted to do the following work ....................................... t...l~. ...... ~ ............... ~...¥ ............ (see reverse side of permit for project description) Location of property on which work to be done Pine~ Neck .and North..BaT,vi.~.~ J~ft.,~ ~q.o~.t~.gld Creek, Bay or Had?or fronting property ~-m~a"n~.m~a~c~e~-c.~a~n~a~q~f~f.~q-f~J~c~k~e-M..~r~ ........................ Size of work: Length ..... ~J.:...1..6..'.:...!.,3.!...2..0.~..' ..................................................................................... 4', 3', (3) 6' Width ............................................................................................................................ . Height Above High Water ............................................................................................. Depth Below Low Water ................................................................................................. Yards to be Excavated ..................................................................................................... Yards to be Fi[led 3500 cu. yds. Manner in which material is to be removed or deposited ......................................................................... rt Residential Intended use of prope. ,y ......................................................................................................................... Conditions if any .7.~.~.7.7.7.7.7.LLLLTii.?iiiiiiiiiiiiii222 ................................................................... Expiration Date July 27, 1989 if work has not commenced bjf said date. Number of Inspections Required ...2..7..T..zJ,u..s.t..e..e..s...~..r.~e....t.~....b..e....n..°..t.i..f.i..e..d....u.p..°..n....c..°.i~).p..~.e..t..i.°..n.~.°..f....t.~ .... Inspection Fees ......*..1.9....9.9..m!.d.. .......................................................................................................... -'Liability Policies in the Amount of ......................................................................................................... The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such appr. oval. In the 'event that such approval is necessary, the holder of this permit shall not commence opei'~tions here- under until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit- to immediate revocation by the Trustees upon receipt by the Trustees. of written notice from such other governmental or municipal authorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The applicant and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted, do, by the acceptance of this permit, qive consent to the Town, and its officers and employees to enter upon the premises where such operations are t~eing conducted To make such inspections as-:~he Town may deem necessary to insure that such operations are being con- ductd~ i,~ co~i'o, .~i~i v~i~ ~r,i~ permi:. Thi~ operation will not substantially: A. Adversely affect the wetlands of the town. B. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. E. Increase the danger of flood and storm-tide damage. F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. G. Change the course of any channel or the natural movement or flow of any waters. H. Weaken or undermine the lateral support of other lands in the vicinity. I. Otherwise adversely affect the health, safety a,nd general welfare of the people of the town. Signed ;.. . .~ · Pre.dent - .... ' Board of' outhold Town Trustees .... ..... ':' "' Date.:. 3~4 PINE NECK ROAD I I I I / / 14 / / FOUNDATION (2nd) ROUGH FRAME & .?LUMBING INSULATION PER N. STATE ENERGY CODE FINAL ADDITIONAL COMMENTS: FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 765- 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted m~ to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2.Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3.Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5.Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic featu res. 2.Sworn statement of owner or previous owner as to use, occl~pancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: Additions $25.00 POOLS $25.00 ALTERATION $25.00 1. Certificate of occupancy New Dwelling $25.00, Accessory ,$ lO.00 Business $50.00 2. Certificate of occupancy on pre-existing dwelling $ 50.00 3. Copy of certificate of occupancy $ 5.00, over 5 years $]0.00 4.Vacant Land C.O. $ 20.00 5.Updated C.O. $ 50.00 Date .......................... New Cons truc t i on ...... Old or Pre-existing Building ............ Vacant Land ............. Location of Property .............................................................. House No. Streer Ham/er O O sofP rty KOKE ALEXANDER & RYCK wner or wrier rope ....... , County Tax Map No. 1000 Section . 7D ............ Block 13 Lot 20.2 Subdivision ................................. Filed Map No ........... Lot No .............. Permit No./.~. ~.~]~r.?.. Date of Permit .......... Applicant .................................. Health Dept. ApprovaJ ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temporary Certificate ..................... Final Certificate ....................... Fee Submitted $ ............................. Construction on above describedApplicant.building and. ~/~' ' ' ¢'~' ")~permit meets all applicable codes ...... and .reou larinn~..~ ~i ~i'i Rev. 10-10-78 ~ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. Z]6978 Date June 13, 1988 THIS CERTIFIES that tile building One family dwe 11 ing. L - . .... ,, 245 Kimberly Lane Southold ocatlon of P,vv,,[y ........................................................ House No. Street. Ham/er County Tax Map No. ] 000 Section 070 .Block l 3 .Lot 20.2 Su~,.v.s. Paradise by the Bay om , ion ............................... Filed Map No. 6.4. .6.3 .... Lot No..2 ............ conforms substan~tially to the Application for Building Permit heretofore filed in this office dated .... S..elp.t.. 1, 1987 pursuant to which Building Permit No. 16428Z dated .... S e........P t. 4; ...... 1987 . ......... . was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... One famil'y dwelling, with attached 2 car garage and decks; The certificate is issued to ALEXANDER G. & RYCK A. KOKE ..................... ................... of the aforesaid b.uilding. Suffolk County Department of Health Approval 87- S O- 148 6 / 7 / 88 UNDERWRITERS CERTIFICATE NO.. PENDING 6/13/88 PLUMBERS CERTIFICATION DATED: ROGER MC CARVILL 5/23/88 Btfilding Inspector Rev. 1/81 KI MBERLY To" 'R = 1600.00' L= 105.18' N,3O53 lO W. I.'. 5Z$' 60.40' Z =~&$EMENT FL. ELEV. 2.75' FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765-1802 Disapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT BO HEALTH .../.. 3 PLANS · ~ .... SURVEY CUECK .v.~.~,/ SEPTIC FORM ............. NOTIFY CALL ................ MAIL TO: INSTRUCTIONS a. Ttfis application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and te admit authorized inspectors on premises and in building for necessary inspections. ...,,za,/l~..~.z~.~./...~. ~.o ................ (Signature of applicant, or name, if a corporation) · ./..~. ~..~.a;~.atg .~//.zt~....~.~../~...~..../,,: (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder· ... ~.e~z. P~. .~ .................................................................................. Name of owner of premises ...~'f/~. ~t..dqe/~. ~..... ~.ai~.dd<~..~./,~..../..~"~)d~'.~". ............................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. /ri (Name and title of corporate officer) AL~ .,C,ON, T.RACTOR'S HUST BE SUFFOLK COUNTY LICENSED Builder s License No .... L'~it. ~'.~. ~...r~/,.~ ........ Plumber's License No.. ,X~: Electrician's License No. ~...~..~. Other Trade's License No. ~tff/.~...~../~.~....~'.../~..:.~/~f~' · 1. Location of land on which proposed work will be done ............. ... .................................... ......... D./. r. . . . ......... ............. House Number Street -- Hamlet County Tax Map No. 1000 Section ...... ~).7. O. ....... Block .... //3 ........... Lot.. ~.~.,..2ff ........... Subdivision , . . }'/~q-~fl/5~../~'~l~... ~. ;~('"' ---- ...... Filed Map No. (.t~.~,.~ ...... Lot .....~. ......... 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ...... ; .~I{[~'T7-. ........... i: ..................................... b. Intended use and occupancy .: ...... ~. ~. ~...~(~[~..~)W~,J~/'~., .~. ............................. 3. Nature of work (check whi pp le): New Building ............... Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work ........ :..... ~/? (Description) 4. Estimated Cost . · · %" ~'~1 ~' ........................ Fee ...................................... · (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................ If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ...: ...... . .... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height .......... , ........... Number of Stories ............. ,, ........ - 8. Dimensions of_entire new construction: Front .....~.~'.t:.. ~..~.... Rear . .q:q .{:6,?. ...... Depth ...7.~. .......... Height .... >O. ........ Number of Stories ....... f. ~..,~;. ............................... ~, ........... 9. Size of lot: Front ....... /.,~-~ .5 ........ Rear ....... /(.~' .~"..'-. .......Depth .... ~'~_:_ ............. 10. Date of Purchase .. t'~ .... /..~$'.d ............. Name of Former Owner . .~...~Y.~.'.~-~...~...,~/cT.~;fi2~.r~.~ .... 11. Zone or use district in which premises are situated... ~c57 .... ~ ....................................... 12. Does proposed construction violate andy zoning law, ordinance or regulation: ................................ 13. Will lot be regraded . ~.~:If. ~. k..~/.~i~ .......... , ....Will excess fill be removed from premises: Yes 3K No 14. Name of Owner of premise~s/~tg .4~-10~:~,~ .,~-I~Address .5'~t~.~,gd~. ,~,d..if~. ~ne No. ,~d~..~Lg'~.7. .... Name of Architect ~,~tt..~/.~./~ ................. Address/~o'~ ,4~."'~ ....... Phone No.2""'l.~..-~ .~;.-/Z. .... Name of Contractor~t.'~ff~.. ~m4. ~.~O ....... Address Z,~oet)- ~)~ii~...~2~£~Phone No.~.4:4;':'/.~7~.~. ..... 15. Is th£s property located w±th±n 300 t~eet of a t±dal wetland? *Yes ..... No ..... · If yes, Southold Town Trustees Perm±t maybe raqu±red. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. STATE OF NEW YQRK,~ COUNTY OF .... -.,>.O~../~.q.t..~.. S.S ............ ~.eg~[ .~.. ~ ........... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. Heis the.. .... ..... .. ................. · ................................... (Contractor, agent, corporate officer, etc.) of said owner or owne~, ~d is duly authored to perfom or have perfo~ed the said work and to m~e ~d file t~s application; that all statements contained ~ this application am true to the best of his ~owledge and belief; and that the work will be perfomed in the m~ner set forth ~ the application filed therewith. Sworn to before me this ......... 2 ............. dayof ..... ........ .... ~ [ ~ ~ ~ ~w Vo~-- (Si~ature of applicant) . ' t T~l~,S~- - JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: December 19, 1988 Transmitted herewith is Zoning Appeal NO. 3814 , application of Ry. ck Kok~ for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form; I~tter relative to NYS Tidal Wetlands Land Use; Notice,of'Disapproval from the Bui[din9 Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS January 12 GERARD P. GOEHRINGER, CHAIRMAN S. E. Q. R .A. CHARLES GRIGONIS, JR. . SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION RC~-"~T J. DC'JCLA.~3 JOSEPH H. SAWICKI Notice of Determination of Non-Significance James Dinizi0, 1989 APPEAL NO.: 3814 PROJECT NAME: RYCK KOKE 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 To%~ of Southold. This board determines the within project not to have a sig~%ifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice'that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: Approval of ~ccessory swimmingpool with fence enclosure in the sideyard area. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 245 Kimberly Lane, .Southold, NY 70-13-20.2 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental AssessmenC in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Separating the project in question from the waterfront or tidal area is other construction and/or a bulkhead in good condition. (3) Information has been submitted by applicant or his agent indicating* FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to ~he applicant or his agent and posted on the Town Clerk Bulletin Board. * that the project will not involve the disturbance of wetlands grasses or area subject to flooding which may be considered wetlands. tr !HiT~U'CT !OHS.: ' -- (o) ~n order to answer ~he questions in this short EAF ~t tho~ ~he preparer wii1 use. currently ovo'iIobie information concerning ~he additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be $igniflcOnt and o completed Environmental Assessment Form is necessary. (c) If oll questions have been answered No i% is likely that this project is pot significant. ' (dj EnvironmentaI Assessment "'"''"' 1. %fiII pro3ect result An a large physicel change . . '' to the pro)oct site br physicoIiy al~er more than ~0 acre~ oF'land? 'Yes ~ No 2. W£11 there be a major change to any unique or -unusuoi land Form ~ound on the site? .......... Yes× 2. Wili project alter or hove a large' eFFect'on existing body oF water~ . Ye~ ~ No 4. Will project have a potentiali¥ iorge impac~ · · on groundwater quoiity? ........................ Yes X' " :..5. Will pro,oct sign$~icantIy e[£ec.t.dro.nage ....... Flo~ on adjacent sites? ' · Yes ×' No ~. W£11 pro,oct aFFect any threatened or ~ d ed pl t $ 1 p i ? ¥ ×' N /. 7. %'!ill projecl result inZo major adverse / on air quality? .................. ' ............. · Yes'X No / . 8. %'/ill project hove o major effect on visual character of the community or scenic views or vistas known to:be important to the community?. 'Yes X'No ~. ¥1ill project adversely impact any site or .. structure of historic, prehistoric or paleontological im[)or~ance or any site designated os a orifice! environmental area 10. Will project hove a major e[£ect on existih9 or fu~urm zuu.-c-elionot opportunities?.' ....... Ye3 ~ No 11. Will project rcsuli in.major traffic problems o~ caui. c a major e~fcc~ to ex-istin~ ~ronsportotion ~yitems? ....................... Yes X No 12. ¥1ill prbject .regularly cause objectionable .... odozs, noi~e, glare, vibration, or electrical ~ -- ~isturboncc as a result o~ the project's opera,ion? '---' .... ' Yes X No ]3. %'!ill project hove on), i~poct on public health or.safety? .................................... _ Yes X No 1~. %'1ill p~oj'ect a[fec¢ tht existing community by. '. directly causing a growth in permanent population o~ marc than 5 percept over o one ycor period or hove o major negative '-' on tile character or the community or ...' '" neighborhood? Yes X No I5. Is there public controversy concerning the ~rojcct? ........ ~ ............................ Yes X No QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if- you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [,X] 2. [ ] 3. [ ] [ ] [ ] Waterfront without bulkheading Waterfront with bulkheading in good condition IX] the full length of the property [ ] at least I00' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than I0' in elevation above mean 5. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. 6. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/831k QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED /~.~../3~7~. WITH YOUR APPL. ICATION FORMS TO THE 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 luestion? 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 seaward of area under construction? Yes Are there (Attached Town Code any areas which contain wetland grasses? is a list of the wetland grasses defined , Ch. 97 for your reference.) by 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, concrete barriers, decks, etc? 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground~l? 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 ~our ownership, if any)? State Permit # and Nature: Ye S)J/~'N o Yes ~ 10. ll. 12' 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 Tr~-stees County Health Department Village of Gree.nport N.Y.S.D.E.C. Other 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? 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? 13. Please list present use or.operati~yqs ,conducted upon the subject property at this time //C~~ and proposed /~ Yes Yes Yes Yes Yes Yes Yes Yes Yes Ye?/j~ No I certify ~ the above statements are true and are being submitted for my. applicati relian?~t~ _B~r~/o~ppeals in considering on. Si(~e ~ ~l~thorized Agent) 3/87 1 k Southold Town Board or'appeals -42- { ENVIRONMENTAL DECLARATIONS, continued: ) ¢ January 12', 1989 Regular Meeting Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Members Doyen and Sawicki were absent.) This resolution was duly adopted. NUTES: n mo ion r, by Mr. Dinizio, it--~a~_..~ ~ seconded _ RESOLVED, to APP~u~t~es of the following Meetings o~ the Board of Appeals: ~/ ~-~ Dece ~ mber 8, 1~/=o ~gular.Meeting (pp. 1-2~D~us trans- cripts/~f hearings) , November/~f6, 1988 Special Meeting (Pp. 1-38). /~Vote of the Board: Ayes. Messrs. Goehringer,. -- Gr~ggl~fs and Dinizio. (Members Doyen and Sawicki were absent. ) ~3~ resolution was duly adopted. DELIBERATIONS/DECISION: Appl. No. 3814 - RYCK KOKE. Hearing held and concluded earlier this evening. The Board Members deliberated and took the following action: WHEREAS, a public hearing was held and concluded on January 12, 1989 in the Matter of the Application of RYCK KOKE under Appeal No. 3814; 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; NOW, THEREFORE, on motion by Member Dinizio, seconded by Member Grigonis, it was Southold Town Board of Appeals -43-January 12, 1989 Regular Meeting (Deliberations/Decision, continued:) RESOLVED, to DENY the relief requested under Appeal No. 3814 in the Matter of RYCK KOKE for the following reasons: 1. Practical difficulties claimed are self-created and there is no question that same was constructed without issuance of proper and valid permits; 2. There is an alternative to locate the subject structures closer and attached to the residence with the minimum setbacks for a principal structure (presently minimum sideyard at 15 feet), rather than as applied. Vote of the Board: Ayes: Members Dinizio and Grigonis. Nay: Chairman Goehringer. (Absent were: Members Doyen and Sawicki). This resolution was deemed to be lost. Chairman Goehringer offered a motion to approve conditionally the relief requested, provided that a three-foot setback be gained by cutting back the deck on the south side. No one seconded the motion. The motion was lost. requ~estQ~sT F~heP~a~n~I~el~ ~oard Members /ons~dered the _ ~ ~ ' g ' anuary 9, ~89 from Eric J. mressier, Esq.~c.o~ncerning Appl. No. 3785/-/~4ATTER OF RAYMOND NINE AND CHARLES ZA~RA Bed-and-Breakfast proposal (see letter dated ~anuary 6, 198~he Board~a.~ asked whether or not they would like to offer a mot~o~ to r~e~ear, and no motion was offered. However, the Board Men%bers urged the property owner/applicant instead torpidlY with a new application by the new (proposed) property o~wner with appropriate documentation and testimony {rather than~by rehearing on ~n~gpplication filed by a different applicant}/ (It is noted for the~-minutes that the Department of the~6ard of Appeals was not aw~e of the Article 78 proceeding f~d with the Town Clerk's Office'~earlier concerning th~/decision rendered by the Z.B.A. on t-~ed-a-~~ Breakfast/~lication by Charles Zanra and Raymond Nine~ 2½ 2½ 2½ 2½ 2½ 2½ 2½ 2~ 2~ ,~,2½ 2½ See text of chapter and Density and Minimum Lot Size Schedules for applicable districts. Except one-bedroom or studio in multiple dweUing may have six hund~-,d (600) square feel Minimum floor area may be reduced up to two bund~od 42C0) for moderate* and/or Iower-ee~t 2- 25- 89 R-SO R -80 A-C '%, R-80 ¸ A-C $OUTHOLD R -40 "South°Id Town Board of Appeals 1;~' ''' ~ r NAIN RDAD ~TATE RDAD 25 SDUTHDLD, L I, N Y 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN List of Mailing Notice of Hearings for 1/12/89 ,Southold Town Board of Appeals Copies to the following on or about January 3, 1989: Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY 11958 for Stephen and Donna Grzesik. J. Kevin McLaughlin, Esq., 828 Front Street, Box 803, Greenport, NY 11944, for Anthony and Rosemary Bolletino. Mrs. Doris K. Brown, Box 915, Bergen Avenue, Mattituck, NY 11952 Mr. Joseph Brown, 536 East 15th St, Apt. 4, NY, NY 10028 Mr. and Mrs. William E. Park, Jr. 3500 Pine Neck Road, Southold, NY 11971 Mr. and Mrs. Gunther Stotzky 110 Bleecker Street, New York, NY 10012 Mr. Howard Tudisco, Gray Construction Corp. (picked up in person on 1/3/89) Mr. Howard Lucas, 437 Second Avenue, East Northport, NY 11731 (by mail) Ms. Terry S. Gingras, Office Manager, for P. & J. Steil Metcalfe and Thorne, Inc., 150 Main Street, Northampton, Massachusetts 01060 Mr. Warren A. Sambach, Sr., Box 1033, Cox Lane, Cutchogue, NY 11935 for Alfred Falkowski Rudolph H. Bruer, Esq., Main Road, ~ Attorney for: ck Koke Doris Price Moeller Foster Joseph and Betty Hardy Southold, NY 11971 Karen J. Stretz, Esq. for William J. Baxter, Jr. Wickham, Wickham & Bressler, P.C., Main Road P.O. Box 1424, Mattituck, NY 11952 Richard F. Lark, Esq. for F.I. Utility Company, Inc. Main Road, Box 973, Cutchogue, NY 11935 Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board ZBA Board Members (with file copies) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAtRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCK[ JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:°UTHnLD. L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Legal Notices NOTICE OF ~]~EARINGS NOTICE I.:~4~'REBY GIVEN, pursuant t6~Section 267 of the Town Law and the Code of the Town of Southold, thc following hearings will be held by the SOUTHOLD TOWN BOARD OF APPtL~LS at a Regular Meeting, at the Southold Town HaH, Main Road, Soudiold, NY 11971, on THURSDAY, JANUARY 12, 1989. at the foBowing times: 7:32 p.m. ANpL No. 3809 -- STEPHEN AND DONNA GRZESIK. Variance lo the Zoin~8 Ordinance, Article ~I. Section 100-31, for port. salon to construct addition to dwelling with an insufficient rear- yard setback, Location of ProW erty: 62215 (309) North Road, Gteeaport, NY; County Tax Map Distilct 1000, Section 40, Block 1, Lot 3. 7:35 p.m. AppL No. 3810 -- ANTHONY AND ROSEMARY BOLLETINO. Variance to the Zoning Ordinanc=. Article III. Sec~on 100-32 for ponnisslon to locate a¢¢es$of~ tennis ¢ourt~ swimmlngpool, and fence enclo- sure(s) in the frontyard area. Loca- tion of Property: NotCh Side (#16705) Main Road, East Marion, NY; County Tax Map District 1000, Section 23, Block 1, Lot 14.6. 7:38 p.m. AppL No. 3817 -- DORIS K. BROWN. Variance to the Zoning ~)rdinsa~. Article I~ Section 100-32 for pormissi~n to locate accesso~ building in the frontyard area. Location of Prep- erty: Private Right-of-Way located off the north slde of Bergen Av- enue, Mcttimck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 17, 7:43 p.m. Appl. No. 3816 -- WILLIAM AND THERESA PARK. Variance to the Zoning Ordinance. Article IH, Section 100-32. for approval of addition to accesso~ building with insufficient setbacks from property lines. Location of Property: Westerly Side of Bennett Lane and the South Side of Pine Neck Read, Southold, NY; County Tax Map District 1000, Section 70, Block 9, Lot I. 7:48 p.m. App1. No. 3820 -- Variance to the Zo~ng Ordinance. lish car dealership (and sign) in this B-I General Businv,s Zone District Lc of ?erty: West Side .,orton Lane, Southold, NY; County Tax Map District 1000, Section 59. Block 3, Lot 32.1. 8:00 p.m. Appl. No. 3912 -- PETER AND JANiCE STEIL. Vari- ance to the Zoning Ordinance, Ar- ticle BI, Section 100-32 for per- $wimmingpool in the frontyard area. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000, Section 5, Block 2, Lot 7.4. 8:03 p.m. Appl. No. 3815 -- ALFRED FALKOWSKL Variance to the Zoning Ordinance, Article Section 100-93, Bulk Schedule, for permission to locate new principal building in this C-1 General Industrial Zone District with an insufficient frontyard setback. Lo- cation of Property: 8595 Cox Lane and Sooth Side of Oregon Road, Cutchogue. NY; County Tax Map District 104}0, Soefion 83, Block RYCK KOKE. Vailance to the Zoning Ordinance, Article HI, Section 100-32 for approval of accessory swimming pool with fence enclosure in the sideyard area. Location of Property: 245 Kimberly Lane, Sonthold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Blocl 20.2. -- 8:10 p.m. Appl. No. 3806 -- DORIS PRICE MOF~ J ~R FOSTER. Variance to the Zoning Ordinance, A~ticle III, Section 100-31 for ap- proval of insufficient lot width (frontaSe) of proposed Parcel No. I in tide pending Minor Subdivi- sion. Location of Property: West Side of Little Neck Road, Cutchogue, NY; C~unty Tax Map District 1000, Section 103, Block 9, Lot 13. 8:15 p.m. JOSEPH AND BETTY HARDY. Location of Property: South Side of Main Read, Matti- tuck, NY; County Tax Map District 1000, Section 114, Block 11, Lot S: (a) Appl. No. 3747 -- Special Exception to the Zoning Ordi- nance, Attlcle VIII, Section 100- 80B, for permission to construct wholesale storage building, acc~s- sow to plumbing use; and sic cars in this "C-Light Indus- trial" Zone District. LocatP of pwperty: North Side Main and West Side Elijah's La~ Mattituck, NY; Proposed Lot No. I as shown on Map dated October 12, 1988; County Tax Map District 1000, Section 108, Block 4, Lot 10. 8:30 p.m. Appl. No. 3797 -- FISHERS ISLAND UTILITY COM- PANY, INC. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. The Board of Appeals will at said time and place hear any and all persons or representatives de- siring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each heating will not start before the time allotted. For more infor- mation, please cab 765-1809. Dated: January 3. 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRJNGI~ OIAIRMAN By Lthda Kowalski 6162-1J5 ntento of Mattituck, in sworn, says that ha/she Is Principal .K TIMES, a Weekly Newspaper, in tho Town of Southold, County of ,w York, and that the Notice o[ which copy, has been regularly published In · each week for 1 weeks nclng on the 5 day of Principal Clerk NOTI(]E OI~ HEARINGS NOTICE IS HEREBY (lIVEN, pursuanl to Section 267 of thc Tnwn Lax', and the Code of the Town of Southold, lhe t'oHowing hearings will be held by the SOUTHOLD TOWN BOARD OF APPEAI.S al a Regular Meeting, al the Southold Town Hall, Main Road, Southold, N.Y. 11971, on THURSDAY, JANUARY 12, 1989; at the following times: 7:32 p.m. Appl. No. 3809-- STEPHEN AND DONNA GRZESIK. Variance to the Zon- ing Ordinance, Article III, Sec- tion 100-31, for permission to construct addition to dwelling with an insufficient rearyard set- back. Location of Property: 62215 (309) North Road, Green- port, N.Y.; County Tax Map Dis- tricl 100B, Section 40, Block 1, Lot 3. 7:35 p.m. Appl. No. 3810- ANTHONY AND ROSE- ' '~ ~, RY BOLL ETI NO. Variance :lng Ordinance, Arti- c Section 100-32 for per- mis 4on to locate accessory ion- his court, swimming pool, and fence enclosure(s) in the f~oni- 5ard area. Location of Proper- ty: NoHh Side (#16705) Main Road, [:asl Marion, Nh'.; Coun- t.x Tax Map District I000, Sec- lion 23, Block I. I ol 14.6. 7:38 p.iSI Appl. No. 3817-- [/ORIS K. BROWN. Va~iauce to Ihe Zoning Ordinance, Art,- cie IlK Section 100-32 Ilor per- mission to locate accessory building in the frontyard area. Location of Property: Private Righl-of-Way located off the north side of Bergen Avenue, Mattituck, N.Y.; County Tax Lane and South Side of Oregon Road, Cutchogue, N.Y.; Coun- ly Tax Map District 1000, Sec- tion 83, Block 3, Lot 4.6. /~:05 p.m. Appl. No. /'~RYCK KOKE. Variance to the[ Zoning Ordinance, Article 111, Section 100-32 for appro?l)f accessory swimming poo.I with. fence enclosure in lhe sideyard 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 o~ ..... , 19 °°~ ,-~ Sworn to before me this ........... ./..~ ....... day of Notary Public BARDAR~ A. SCItNEIDER NOi'AiIY pil! !ig, S~:te of New York NO--COSti ' ' · A,~,. .mi 100-32Aforpermisalon 8:15 p.m. Appl. 3811 -- Buslness}.Applic~tlonwufiledcit. to construct I0' by 14' addition RICHARD AND J A N E T . lng the {~ior Zoning Code, Article OIqCE-'~'0~'~sn~.~(.~ea/s~n~ deck)wlthanin~ SCHLUMPF. V~ances: (a) ~othe - Secticm la) and the Code of the Town of 40 Location nF'p,~,,,,,,,.' ~.=- .: ..... ~. 122. and Amcle XXVH for the ...... r---;. .,~oJ smnc~em zmnt),am setb~k, and Co) ' same or similar provisions for this Sonthold, thefoEowin~heL, inpwiH PeconicRayBouleva~l. Lau~J.~f; pursoanttolVcwYorkTovmLaw,, c M-H Zone District. PropenyLoca. BOARDOF APPEALS at a Rc[ularbe held by the SOUTHOLD TOWN ~y.~[~ Section 128, Black I,L~ ll~C°untY/Tax Map Dist~ct 1000,. Section 280-a forappmvelofac~ess ~ tion: West Side of Wickh~-n Av~ue, IVie~ng, at the Son~h°!d T°wn Hall, !- 7:50 p.m. Appl. No 3823 --- Main Road, Sonthold, NY 11971, m THOMAS THOMPSON. Valance to THURSDAY, MARCH 9, 1989, m : the Zoning Ordinance. Article HI, the foEowing times: Section 100-32, and Bulk Schedule, 7:30 p.m. Appl. No. 3826 -- ~.~ for apl~oval of existing swimming- GLADYS W. HOWRI ~ - Variance to · peol with deck a~as which wili ha~ Secfie~ 100-71 for ;,~,~,,,;,;el of con- " ~ a...a.=.,,... --.__~ ...... ---'~ for dwelling me, accesso~ to the i , A~culiural-Cmsemvatim (A-C). Lo- mabt dwci~ng stmctu~, in this Re~. c]mon of prolu,..ny: 2890 Btidge Lane, dentinl-Office (RO) Zone Dis-trint. Cutcho{ue, NY; Lot #10 on Map of °v~ptivatefiSht'~'way~ferredto&l : Mattituck, NY; Ceunty Tax Map Silkworth Road extending from the District 1000, Sectlou 114, Block 3, east side of Westphalia Avenue Lot 1. :. 0toad), Man, tuck, NY. Zot~e Disuict: :' The Bored of Appoah will at said ' R-40. Location of Pmpeny: Let #1, : time and pisce hear any and all per. Map of Polar Pleasant; County Tax sons or rep~sentatives des~ng to be Map District 1000. Section 113, heard in each ofthe above mattors. Block 9, Lot 12. Wriuen c~umme~ts may also be sub. ~ 8:20 p.m. Appl. No. 3785 -- mitred ptior to the conclusiou ofthe RAYMOND F. NINE, PAMELA subject heating. Eathheatinswillnm NINE AND CHARLES ZAHRA. t~an before the time aH(med. For Special Exception to the Zoning Or- ~ more information, please call 765- dinance, ArticJe III-A, Section 100- 1809. Location of Property: 51470 Main Road, Southold, NY; County Tax Map Dimlct la)O, Section 70, Block 2, L~ ~. 7:35 p.m. AppL No. 3825 -- 7:55 p.m. Appl, N°.. 3830 -- - where lodging and breakfast is lxo. SUSAN A. FORBES. Variance to tho REV. CHARLES BELL. Variances ~: vlded for nm mom than six casual, Z(~ng Ozd{mnce, Ar tlele El, Sectim~ to the Zonlng Ozdinance, Aflicle IH~ .~ ,i trantient ro(xners, mind rentlng of not 100-31, and Afllcle XXIV, Sectiml A, Section 100-32A, and B ull~: more dun tirade meres,' in conjunc- 100.244 for arl,~,~,al of open deck Schedule, for pemtisslon to comtmct ~ tion with owner-eceupency as a sin. addition with an insufficient front · edditiou at rear of existing dwr. Lling i. gle-family dwelling use. Location of yaxd setl~k. Lot aiw of premises i{ ' wlth an insufficinnt ~mryard setback. Prppeny: Nonli Side of New Suffolk Zone District: R-40. Location of AVenue, Mattimck, NY; County Tax. Ismar Ac~es (Approved March 13, 3lA(B) for permission to establish :i ~ Dated: February 9, 1989 1973);, County Ttx Map District "Bed and B~r. akfast Use,"'anowner. ~ ~ BYORDEROFTI~ 10a), Section 85, Biotic 2, Le~ 22. occmyied building, other than a hotel..~ ~ · SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMA~ 6197-1TF23 7:40 p.m. Appl. No. 33813 -- SHELDON {-HLI~ is Trustee for Banerama Coq,. Employees Profit Sharing Trust. Variances to the ing Ora;...ce, Article II~ Sec~on 100-32C and Col~m iff of the Bulk Schedule, fet permlss~on to reduce tide yards to less thaa the ~equb~d 20 and 25 feel and less than the toud 4~ feet for both sideya~ls, on Ihh 2+ acm vacant parceL Zone Dimlct: R- 80. Location. of Property: Private R~ht-of-Wty refen~d to ~ts P~vate Road #Il (al~o r~'et~d to as Aldddt Estems; County Tax Map Dist~ct Section 115, Block 15, Lot 15. K~.m, Appl. No. 3814'-'~ OKE. V~ ~ ~c ~-. ~ ~ ~e~-A,~: 1~3~, f~ a~ of ~ ~ ~d, s~m ~ No. 2; ~ Tax/ 8:10 p.m. A~I. N0. ~CK ~ ~ ~o~us. Lane Extension), exte~din8 off the Vail.=._ ._ .,_ ,. ...... nor~ side of Sound Avenue, Maua- Articl- rrr .... ~A, ~ locate ........... -,. Map District la)0, Section 114, Block I 1, Lot 20. Zone District: R- 40. 8:30 p.m. Appl. No. 3829 FRED RENGANESCI AND BAR.- BARA RE1TER as Applicants for a Reversal of a Detemmlnation by Building Inspector to Grant Building Permit No. 17508-Z dated October 6, d988 ¢oucem£ng · proposed 'steel 'MATT-A-MAR," now'or formefly~ owned by Wickham Road M·dna, Inc. z~mz Dimic~ Marine (M-I~). The hardest-working · ,~/Classifieds are in ~ Suffolk TimeS/ non-onnfonning at approximately = Pto{w.~y: 1330 Dmna Drive, Mattl. 11,300 sq. ft, {n this R-80 Zone· ~ : tuck, NY; Let #32, Deep Hole Creek NOTICE OF HEARINGS N(~TICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Somhold, 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, MARCH 9, 1989, at the fol~o~!ng times: 7:50 p.m. )kppl. No. 3823-- THOMAS THOMPSON. Variance to the Zoning Ordi- nance, Article Ill, Section 100-32, and Bulk Schedule, for approval of existing swimming pool with deck areas which will have an insufficient rearyard set- back when attached by a raised deck to the rear of the existing dwelling. Zone District: Agricul- tural-Conservation (A-C). Loca-. tion of Property: 2890 Bridge Lane, Cutchogue, NY; Lot gl0 on Map of Ismar Acres (Ap- proved March 13, 1973); Coun- ty Tax Map District 1000, Sec- tion 85, Block 2, Lot 22, 7:55 p.m. Appl, No. 3830--- REV. CH.ARLES BELL. Vari- ances to the Zoning Ordinance,. Article Ill-A, Section 100-32A, and Bulk Schedule, for permi~ sion to construct addition ,at .~ rear of existing dwelling with ~ani~; insufficient rearyard setbac~k. Zone District: R-40. Location cfi Property: 1330 Donna Drive:, Mattituck, NY; Lot #32, Deep Hole Creek Estates; County Tax Map District 1000, Section ii5. Bl~ock 15, Lot 15. e"~8:00 p.m. Appl. No. RYCK KOKE. Variance to Zoning Ordinance, Article Ill-] A, Section 100-32A, for ap.~ proval of swimming pool with[ fence enclosure in the side yarc~ area. Zone District: R-40. Locat tion of Property: 245 Kimberly~ Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map 'Districtl~ 1000, Section 70, Block 20.2. ~'~"'8:10 p.m. Appl. No. 3824-- NICK AND I<AT[I~ NIt~I~CL COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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 ..................... ./i .... weeks successively, commencing on the ......... .~?...~'/... ...... day of...~.~ ...... ,19 ..~.~. Sworn to before me this .......... .~...~....~..... day of q ....... · · · ....... Notary Public ~^RBARA A. SCHNEIDER I~CTARY PL'.3LIC, State o! New York i'~o, 4806846 O~falified in Suffolk Courlty/ C~,;;~lissi0n Expires ~C~.-9/~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of RYCK KC~LE to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Th.~L.I~ !ntention of the undersigned to petition the Board of Appeals of the Town of Southold to request ;((Variance)~(Special Exception) (Special Permit) (Other) [circle choice] That the property which is the subject of the Petition is located adiacent to your property and is des:~ cribed as follows: 245 Kimberly Lane, Southold, N.Y. Suff. Co. Tax MaD desiqnqation: 1000-070-13-20.2 also known as Lot No. 2, Map of Paradise by the Bay 3. That the property which is the subject of such Petition is located in the following zoning district: "A" -Residential/Agricultural 4. That by such Petition, the undersigned will request the following relief: permission to locate swinging pool in side yard and deck less than required set-back frcm side lot line. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sect/on 100-32 (B) & (C) [ ] Section 280-A, New York Town Law for approva] of access over right(s)-0f-way. 6. That within five days 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 ma), then and there examine 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 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. Dated: December ~ RUDOLPH H. BRUER, Atty. for: Petitioner/ Alexander G. Koke and Owners ' Names: ~z. ck Koke Post Office Address Main Road, P.O. Box 1466 Southoldt N.Y. 11~71 PROOF OF MAll ,N~. nF NOTICE RECEIPTS 4 Delaware Road ;ellerose, New York 11426 :~ . 347 Glen Cove Ave. Sea Cliff, N.Y. 11579 6 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: '~ '~ '~ '~ '~ '~ '~ '~ '~--~)~:{O~'~-:/ J~J, L/, , being duly sworfi, deposes and says that ~)n the /~G~day of ~_,,~:~',,-//~E~: / ,1 9 ff . deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curre<~ assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- flceat ~,~&c~77-/~ , ,,~:;c2 C/O~_~< ; that said Notices were mailed to each of said persons by (certified) (~{l~) mail. / ' Sworn toff_ore me this day of/~,~,~, 1 9 ~,~ Notary Public ELIZABETH A. FINNE NOTARY PUBUC, $~ate of {~e~ YOr~ (This side does not have to be completed on form transmitted to adjoining property owners,) AREA = 48,676sqft NOT£, CERTIFIED TO; TICOR TITLE C~UARANTEE CO. $OUDtOLO SA VW~5 ~ ALEXA~ ~. KOKE RYCK KOKE PECONIC SURVEYORS (5161 765 - 5020 P.O BOX 909 MAIN ROAD $OUTHOLD , N Y. 11971 PINE N 86° 06'50''E' S. 89 NECK ROAD LOT I 55 4~ 288 07 LOT 2 50"~ - do B.O.H. #87-S0-148 LOT 3 334 I00 ROOF OVER BRICK pATIO DETAIL OF WA TER '~ERVICE L/NE 82 5¸21 275 8t ' >- 0 TOPOGRAPHICAL SURVEY Of LOT 2 MAP OF PARADISE BY THE BAY FILED NOV. 4 , 1976 FILE NO 6463 AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. I000 070 15 20 2 SCALE I" = 20' dULY 28 ,1987 SEPT 29, 19 87 APRIL 14 ~I988(FI~^L) MA Y /2, /.988 86 - 752 B PINE NECK ~O.A~ ~o ~ 4;;aao so. F~. -+ ~' .~ '" ~. 41~ P. P7 sO. 15 4O, 707' SO. FE 14 41~$67s0. F7; $44 SO. PK. 5 ,/ 6 52,2ZO SO F'I .-+ 5E, 5/6 SG?~- · TEST HOLE P 4~, 70P S~ FT- lO 44, ~58 50. FT. -.+ ~ / / - i / .TYPICAl SEWAGE DISPOS4L SYSTEM TYPICAL WELL DETAIL MAP' OF PAt~ADISE BY TtlE BAY $OUTHOI D TOWN OF SUFFOLK COUNTY. ~/Y. SCALE k''= lOG', TYPICAL P£OT PLAN l. ocation ~ Sca/e; 1"=600' OWNER: dONN ~ RATH P.O. BOX 250 FRANKLIN SQUARE, IVEW YORK I1010